Alvin Claridades' Legal and Jurisprudential Lexicon 3rd Edition (As of August 18, 2013)

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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
Alvin T. Claridades Legal & Jurisprudential Lexicon
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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-
34
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
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self-serving evidence, which deserves no weight in law and cannot be given greater evidentiary value over the testimonies of credible witnesses who testify on affirmative matters. [People v. Manalili, GR 184598, June 23, 2009]. 3. Just like alibi, [it] is a self-serving negative evidence which cannot be accorded greater evidentiary weight than the declaration of credible witnesses who [testified] on affirmative matters. [People v. Macalaba, 443 Phil. 565, 578 (2003)]. Denial of justice. A gross deficiency in the administration of justice. Denomination. A religious sect having a particular name. [Adong v. Cheong See Gee, GR L-18081. Mar. 3, 1922]. Dental Act of 2007, The Philippine. RA 9484 entitled An Act to Regulate the Practice of Dentistry, Dental Hygiene and Dental Technology in the Phils., Repealing for the Purpose RA 4419, Otherwise Known as An Act to Regulate the Practice of Dentistry in the Philippines, and for Other Purposes, and RA 768, Otherwise Known as An Act to Regulate the Practice of Dental Hygienists in the Philippines, and For Other Purposes, and Appropriating Funds Therefor enacted on June 2, 2007. Dental hygienist. A person who is a holder of a valid certificate of registration and professional identification card and has undergone a 2-year course in dental hygiene from a govt. recognized school under a college of dentistry and passing the prescribed board examination for dental hygienist, renders oral health promotion and preventive measures, performs scaling and polishing, oral examination, taking brief clinical history, taking radiograph, and giving oral health education to patients under the supervision of a licensed dentist. [Sec. 4, RA 9484]. Dental services. Oral examination, cleaning, permanent and temporary filling, extractions and gum treatments, restoration, replacement or repositioning of teeth, or alteration of the alveolar or periodontium process of the maxilla and the mandible that are necessary for the diagnosis or treatment of an illness or injury. [Sec. 3. RA 9994]. Dental technologist. A person who is a holder of a valid certificate of registration and professional identification card and who renders technical services such as mechanical construction of artificial denture and other oral devices under the supervision of a licensed dentist, and has finished a 2-year certificate course in dental technology from any govt. recognized school. [Sec. 4, RA 9484]. Dentist. A person who is a holder of a valid certificate of registration and professional identification card in Dentistry who renders dental service within the meaning and intent of [RA 9484] and who, for a fee, salary, compensation or reward, paid to him/her or through another, or even without such compensation or reward, performs any operation or part of an operation, upon the human oral cavity, jaws, teeth and surrounding tissues; prescribes drugs or medicines for the treatment of oral diseases or lesions, or prevents and or corrects malpositions of the teeth or implantation of artificial substitutes for lost teeth; and teaches subjects in the licensure examination; or engages in dental research. [Sec. 4, RA 9484].
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Dentistry, Practice of. A person shall be regarded as engaged in the practice of dentistry or rendering dental service, within the meaning and intent of RA 4419, who shall, for a fee, salary, compensation, or any form of reward, paid to him or through another, or even without such compensation or reward, perform any operation or part of an operation, upon the human mouth, jaws, teeth, and surrounding tissues; prescribe drugs or medicines for the treatment of oral diseases and lesions; or correct malpositions of the teeth. [Sec. 14, RA 4419]. Denuncia falsa. Sp. 1. False accusation. [Lagman v. IAC, GR L-72281. Oct. 28, 1988]. 2. Malicious prosecution; generally refers to unfounded criminal actions. [Madera v. Lopez, L-37105, Feb. 10, 1981]. Deoxyribonucleic Acid (DNA). A molecule that encodes the genetic instructions used in the development and functioning of all known living organisms and many viruses. Department. 1. An executive department created by law. This shall include any instrumentality having or assigned the rank of a department, regardless of its name or designation. [Sec. 3, RA 10149]. 2. Any of the executive departments or entities having the category of a department incl. the judiciary, Comelec and COA. [Sec. 3, PD 807]. Department of Agrarian Reform (DAR). 1. The Department responsible for all land reform programs in the country, with the purported aim of promoting social justice and industrialization through massive taxation of rich and poor Filipinos alike. 2. A department created by virtue of RA 6389 signed on Sept. 10, 1971 which replaced the Land Authority established in 1963 under RA 3844. Department of Agrarian Reform Adjudication Board (DARAB). The Board created to have primary and exclusive jurisdiction, both original and appellate, to determine and adjudicate all agrarian disputes involving the implementation of the CARP under RA 6657, as amended by RA 9700, EOs 228, 229, and 129-A, RA 3844 as amended by RA 6389, PD 27 and other agrarian laws and their IRR. Department of Agriculture (DA). 1. Originally called the Dept. of Agriculture and Manufacturing and one of the 1st agencies formed by Pres. Emilio Aguinaldo on June 23, 1898 or 11 days after the proclamation of the Phil. Independence on June 12, 1898. 2. One of the 2 Departments carved out of the former Dept. of Agriculture and Natural Resources (DANR) in May 1974 by Pres. Ferdinand Marcos. Department of Budget and Management (DBM). An executive body under the Office of the Pres. of the Rep. of the Phils. responsible for the sound and efficient use of govt. resources for national development and also as an instrument for the meeting of national socio-economic and political development goals. Department of Education (Dep-Ed). 1. Originally called the Superior Commission of Primary Instruction which was created with the enactment of the Educational Decree of 1863. 2. The Department vested with authority, accountability and responsibility for ensuring access to, promoting equity in, and improving the quality of basic education pursuant to RA 9155.
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Department of Energy (DOE). The Department created by Pres. Ferdinand E. Marcos as he issued PD 1206. It was abolished during the administration of Pres. Corazon C. Aquino but was recreated by Pres. Fidel V. Ramos pursuant to RA 7638. Department of Environment and Natural Resources (DENR). The Department which was first established on Jan. 1, 1917 as the Dept. of Agriculture and Natural Resources (DANR) through Act 2666. It was last reorganized into the Dept. of Environment and Natural Resources (DENR) by EO 192 on June 10, 1987. It is responsible for governing and supervising the exploration, development, utilization, and conservation of the country's natural resources. Department of Finance (DOF). The Department established on Mar. 17, 1897, at the same time that the Revolutionary Govt. was founded in Naic, Cavite. It was last reorganized under EO 127 on Jan. 30, 1987. It is responsible for the formulation, institutionalization and administration of fiscal policies, management of the financial resources of the government, supervision of the revenue operations of all LGUs, the review, approval and management of all public sector debt, and the rationalization, privatization and public accountability of corporations and assets owned, controlled or acquired by the government. Department of Foreign Affairs (DFA). One of the first govt. departments created following the establishment of the First Phil. Rep. in June 1898. It is tasked to contribute to the enhancement of national security and the protection of the territorial integrity and national sovereignty. Department of Foreign Affairs Overseas Voting Secretariat (DFA-OVS). The secretariat based at the DFA home office tasked to assist the Office for Overseas Voting (OFOV) under the Comelec, and to direct, coordinate and oversee the participation of the DFA in the implementation of the Overseas Voting Act. Department of Health (DOH). The principal health agency responsible for ensuring access to basic public health services to all Filipinos through the provision of quality health care and regulation of providers of health goods and services. It was first established by the Americans as a military Board of Health on Sept. 29, 1898. Department of Justice (DOJ). The Department founded on Sept. 26, 1898 under the Phil. Revolutionary Govt. of Gen. Emilio Aguinaldo. It is responsible for upholding the rule of law in the Phils. Department of Labor and Employment (DOLE). The Department which started as a small bureau in 1908 and became a department on Dec. 8, 1933 with the passage of Act 4121. It is the natl. govt. agency mandated to formulate and implement policies and programs, and serve as the policy-advisory arm of the Executive Branch in the field of labor and employment. Department of National Defense (DND). The Department which was formally organized on Nov. 1, 1939 pursuant to EO 230 of Pres. Manuel L. Quezon, to implement CA 1 or the Natl. Defense Act of 1935 passed by the Natl. Assembly on Dec. 21, 1935 and CA 340 creating the department. It is responsible for guarding against external and internal
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threats to peace and security in the country. Department of Public Works and Highways (DPWH). It was born in 1868 as the Bu. of Public Works and Highways, or Obras Publicas. On Jan. 30, 1987, with the approval of the 1987 Consti., it came to be known as DPWH. It is responsible for all safety of projects in the field of public works as well as for the maintenance of the Phil. road network and irrigation system. Department of Science and Technology (DOST). Originally formed as the Natl. Science Development Board (NSDB) in 1958, during the administration of Carlos P. Garcia. It was elevated in 1987 by Pres. Corazon Aquino to cabinet-level status to become the present-day DOST. Department of Social Welfare and Development (DSWD). Originally created as the Dept. of Health and Public Welfare on Nov. 1, 1939, by virtue of CA 439. It is responsible for the protection of the social welfare rights of Filipinos and to promote social development. Department of the Interior and Local Government (DILG). The Department which traces its roots from the Phil. Revolution of 1897 when, on Mar. 22, 1897, the Katipunan Govt. established the 1st Dept. of Interior at the Tejeros Convention in Cavite. It was last reorganized on Dec. 13, 1990 into what is now known as the DILG by virtue of RA 6975. Department of the Interior and Local Government (DILG) Act of 1990. RA 6975 entitled An Act establishing the Phil. Natl. Police under a reorganized Dept. of the Interior and Local Government, and for other purposes enacted on Dec. 13, 1990. Also known as the PNP Law. Department of Tourism (DOT). Originally created by Phil. Congress in 1956 as the Board of Travel and Tourist Industry and reorganized in 1986 under EO 120 and 120-A signed by Pres. Corazon Aquino. It is responsible for the regulation of the Phil. tourism industry and the promotion of the Phils. as a tourist destination. Department of Trade and Industry (DTI). The Department which had its beginnings on June 23, 1898 when Pres. Emilio Aguinaldo formed the Dept. of Commerce. It was last reorganized by Pres. Corazon Aquino when she signed EO 133 on Feb. 27, 1987 reorganizing the Ministry of Trade and Industry and renaming it the Dept. of Trade and Industry (DTI). It serves as the primary coordinative, promotive, and facilitative arm for trade, industry and investment activities, and a catalyst for intensified private sector activity to accelerate and sustain economic growth. Department of Transportation and Communications (DOTC). The executive department of the Phil. government responsible for the maintenance and expansion of viable, efficient, and dependable transportation and communications systems as effective instruments for national recovery and economic progress. It is responsible for the country's rail, air, sea and communications infrastructure. Dep-Ed. See Department of Education.
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Dependable and adequate service. Service that, consistent with normal standards and levels of service based upon good utility management and operating practices, is sufficient in quantity, having regard for the demands for service currently existing and reasonably anticipated within the foreseeable future, and that is accessible on a constant and continuous basis except for outages occasioned by the need for normal repair, maintenance, construction or renovation work or by acts beyond the reasonable ability of the public service entity to prevent or control. [Sec. 3, PD 269]. Dependent. 1. A legitimate, illegitimate or legally adopted child chiefly dependent upon and living with the taxpayer if such dependent is not more than 21 years of age, unmarried and not gainfully employed or if such dependent, regardless of age, is incapable of self-support because of mental or physical defect. [Sec. 35, NIRC, as amended]. 2. One who derives existence and support from another. Dependent child. 1. Any child under 16 years of age who is dependent upon the public for support or who is destitute, homeless or abandoned; or who has no proper parental care or guardianship, or who habitually begs or receives alms, or who is found living in any house of illfame or with any vicious or disreputable person, or whose home or other place of residence, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care the child may be, is an unfit place for such child. [Sec. 38-B, RA 1401]. 2. One who is without a parent, guardian or custodian; or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody; and is dependent upon the public for support. [Art. 141, PD 603]. Compare with Abandoned child and Neglected child. Dependent parent. Under the Social Security Law, one who is fully dependent upon the considered employee for regular support. [Bayer v. Villanueva, 83 OG 4358]. Dependent relative revocation doctrine. Succ. The established rule that if a testator revokes a will with a present intention of making a new one immediately and as a substitute, and the new will is not made, or, if made, fails of effect for any reason, it will be presumed that the testator preferred the old will to intestacy, and the old one will be admitted to probate in the absence of evidence overcoming the presumption, provided its contents can be ascertained. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 128]. See also Doctrine of Dependent Relative Revocation. Dependent state. Intl. Law. 1. A state that has surrendered its rights to conduct international affairs to another state. 2. An entity which, although theoretically considered a state, does not have full freedom in the direction of its external affairs. It may be either a protectorate or suzerainty. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 14]. Compare with Independent state. Dependents. 1. Labor. The legitimate, legitimated, legally adopted or acknowledged natural child who is unmarried, not gainfully employed, and not over 21 years of age or over 21 years of age provided he is incapable of self-support due to a physical or mental defect which is congenital or acquired during minori-
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ty; the legitimate spouse living with the employee and the parents of said employee wholly dependent upon him for regular support. [Art. 167, LC]. 2. Health Ins. The legal dependents of a member of the Program are: (a) the legitimate spouse who is not a member; (b) the unmarried and unemployed legitimate, legitimated, illegitimate, acknowledged children as appearing in the birth certificate; legally adopted or step-children below 21 years of age; (c) children who are 21 years old and above but suffering from congenital disability, either physical or mental, or any disability acquired that renders them totally dependent on the member of our support; (d) the parents who are 60 years old or above whose monthly income is below an amount to be determined by the Phil. Health Ins. Corp. in accordance with the guiding principles set forth in Art. I of RA 7875, as amended; and (e) parents with permanent disability that render them totally dependent on the member for subsistence. [Sec. 1, RA 9241, as amended by RA 10606]. Depletion. The exhaustion of natural resources like mines and oil or gas wells as a result of production or severance from such mines or wells. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 179]. Deployment. The transfer of workers from the place of origin to the place of work. Deployment expenses. Expenses that are directly used for the transfer of the domestic worker from place of origin to the place of work covering the cost of transportation. Advances or loans by the domestic worker are not included in the definition of deployment expenses. [Sec. 4, RA 10361]. Deponent. One who gives testimony by affidavit or deposition. Deport. To expel a foreigner from a country, typically on the grounds of illegal status or for having committed a crime. Deportation. The removal of a foreign national under immigration laws for reasons such as illegal entry or conduct dangerous to the public welfare. Deposit. 1. A contract constituted from the moment a person receives a thing belonging to another, with the obligation of safely keeping it and of returning the same. If the safekeeping of the thing delivered is not the principal purpose of the contract, there is no deposit but some other contract. [Art. 1962, CC]. 2. Funds in foreign currencies which are accepted and held by an offshore banking unit in the regular course of business, with the obligation to return an equivalent amount to the owner thereof, with or without interest. [Sec. 1, PD 1034]. 3. The unpaid balance of money or its equivalent received by a bank in the usual course of business and for which it has given or is obliged to give credit to a commercial, checking, savings, time or thrift account, or issued in accordance with Bangko Sentral rules and regulations and other applicable laws, together with such other obligations of a bank, which, consistent with banking usage and practices, the Board of Directors shall determine and prescribe by regulations to be deposit liabilities of the bank: Provided, That any obligation of a bank which is payable at the office of the bank located outside of the Phils. shall not be a deposit for any of the pur-
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poses of RA 9576 or included as part of the total deposits or of insured deposits: Provided, further, That, subject to the approval of the Board of Directors, any insured bank which is incorporated under the laws of the Phils. which maintains a branch outside the Phils. may elect to include for insurance its deposit obligations payable only at such branch. [Sec. 2, RA 9576]. Deposit substitutes. An alternative form of obtaining funds from the public [the term 'public' means borrowing from 20 or more individual or corporate lenders at any one time], other than deposits, through the issuance, endorsement, or acceptance of debt instruments for the borrower's own account, for the purpose of relending or purchasing of receivables and other obligations, or financing their own needs or the needs of their agent or dealer. [Sec. 22, NIRC, as amended]. Depositary. An individual or entity, such as a bank, which is authorized to receive and hold a deposit, with an obligation to return the same object which is received as a deposit. Deposited property. The total value of the Real Estate Investment Trust's (REITs) assets based on the latest valuation determined in accordance with the rules and regulations promulgated by the SEC. [Sec. 3, RA 9856]. Depositing stockholder. See Transferring stockholder. Deposition. 1. [It] is chiefly a mode of discovery, the primary function of which is to supplement the pleadings for the purpose of disclosing the real matters of dispute bet. the parties and affording an adequate factual basis during the preparation for trial. [Dulay v. Dulay, GR 158857, Nov. 11, 2005]. 2. It is intended as a means to compel disclosure of facts resting in the knowledge of a party or other person which are relevant in some suit or proceeding in court. It is meant to enable a party to learn all the material and relevant facts, not only known to him and his witnesses but also those known to the adverse party and the latter's own witnesses. [Dasmarias Garments v. Reyes, GR 108229. Aug. 24, 1993]. Depositions de bene esse. Those depositions taken for purposes of a pending action. [Rule 23, RoC]. Depositions in perpetuam rei memoriam. Those depositions taken to perpetuate evidence for purposes of anticipated action, or in the event of further proceedings in a case on appeal, and to preserve it against the danger of loss. [Rule 24, RoC]. Depository. Any financial institution lawfully authorized to receive govt. moneys upon deposit. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Depository funds. Funds over which the officer accountable therefor may retain control for the lawful purposes for which they came into his possession. It embraces moneys in any and all depositories. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Depositum. A true deposit where the principal purpose of the contract is the safekeeping of the thing deposited. Depreciate. To diminish in value over a period of time.
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Depreciated value. The value remaining after deducting depreciation from either the replacement cost or the reproduction cost. [Sec. 3, PD 464]. Depreciation. 1. The fall of a currencys value falls in relation to foreign currencies. [Del Rosario v. Shell Co., GR L28776. Aug. 19, 1988]. 2. The gradual diminution in the useful value of tangible property resulting from wear and tear and normal obsolescence. The term is also applied to amortization of the value of intangible assets, the use of which in the trade or business is definitely limited in duration. [Basilan Estates v. Comm. on Int. Rev., GR L-22492. Sep. 5, 1967]. Depression. Legal Med. A feeling of intense sadness. It may follow a recent loss or other sad event but is out of proportion to that event and persists beyond an appropriate length of time. [Olarte, Legal Med., 1st Ed. (2004), p. 138]. Compare with Mania. Deprivation. The lack or denial of something considered to be a necessity. Deprivation of Liberty. Any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will except by order of any judicial or administrative authority. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Deputation. The authority of the NMIS to allow inspectors and meat control officers employed by the LGUs to perform the duties of an inspector or meat control officer of the NMIS. [Sec. 4, RA 9296]. Deputize. To appoint someone as a substitute. Deputy. A person appointed or empowered to act for another. Derelict. A ship or her cargo which is abandoned and deserted at sea by those who were in charge of it, without any hope of recovering it (sine spe recuperandi), or without any intention of returning to it (sine animo revertendi). [Erlanger & Galinger v. Swedish East Asiatic Co., GR 10051. Mar. 9, 1916]. Dereliction. Intl. Law. The physical withdrawal by a state from territory with the intention of relinquishing or abandoning all legal claims over it. Its effect is to make the territory terra nullius and, therefore, subject again to occupation by other states. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 70]. Dereliction of duty. The failure of a public officer to prosecute a violation of the law. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 629]. Derivative. Something that is based on another source. Derivative suit. Corp. Law. The principal defense of the minority shareholder against abuses by the majority. It is a remedy designed by equity for those situations where the management, through fraud, neglect of duty, or other cause, declines to take the proper and necessary steps to assert the corporation's rights. [Commart (Phils.), Inc. v. SEC, GR 85318. June 3, 1991]. Derivative Citizenship. Philippine citizenship which is automatically devolved to the unmarried child of a parent who has reacquired Philippine citizenship after
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having lost it by becoming a naturalized citizen of a foreign country. The child, whether legitimate, illegitimate or adopted, must be below 18 years of age. It is also a condition that the parent is originally a natural-born Filipino. [RA 9225]. Derivative legislative power. Power which has been delegated by the sovereign people to legislative bodies and is subordinate to the original power of the people. [Garcia v. Comelec, GR 111230. Sep. 30, 1994]. Compare with Original legislative power. Derivative suit. The principal defense of the minority shareholder against abuses by the majority. It is a remedy designed by equity for those situations where the management, through fraud, neglect of duty, or other cause, declines to take the proper and necessary steps to assert the corporation's rights. [Commart (Phils.), Inc. v. SEC, GR 85318. June 3, 1991]. Derivative suit. Requisites: a) The party bringing suit should be a shareholder as of the time of the act or transaction complained of, the number of his shares not being material; b) he has tried to exhaust intra-corporate remedies, i.e., has made a demand on the board of directors for the appropriate relief but the latter has failed or refused to heed his plea; and c) the cause of action actually devolves on the corporation, the wrongdoing or harm having been, or being caused to the corporation and not to the particular stockholder bringing the suit. [Filipinas Port Services, Inc. v. Go, GR 161886, Mar. 16, 2007]. Derivative tax credit. See Deemed paid tax credit. Derivative title. Title acquired from another person. Compare with Original title. Derived unit. A unit that is formed by combining base units and/or supplementary units acc. to the algebraic relations linking the other corresponding quantities. [Sec. 4, BP 8]. Desahucio. Sp. Unlawful detainer. [Sering v. Plazo, GR L-49731. Sep. 29, 1988]. Desaparecido. Sp. Disappeared. It can refer to one of los desaparecidos, the Argentines who "disappeared": that were secretly arrested and murdered by the Argentinian dictatorial government. The same word also applies to the Filipinos who were allegedly kidnapped by authorities. Desaparecidos. Sp. Those who disappeared. Victims of enforced disappearance. The term also applies to Filipinos allegedly kidnapped by authorities. Descendant. A person, plant, or animal that is descended from a particular ancestor. Descendant-propositus. Succ. The descendant [brother or sister] whose death gives rise to the reserve, and from whom therefore the 3rd degree is counted. See Propositus. Descendants. Those persons who are born of, or from children of, another are called that person's descendants. Grandchildren are descendants of their grandfather as children are descendants of their natural parents. Descending. Moving from a higher to a lower place.
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Descending direct line. 1. [It] unites the head of the family with those who descend from him [as compared with the ascending direct line which] binds a person with those from whom he descends. [Art. 965, CC; Lee v. CA, GR 177861, July 13, 2010]. 2. In succession, legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages. An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. [Art. 979, CC]. Descriptio personae. Lat. Such description of a person as will enable the officer to identify the accused. The description must be sufficient to indicate clearly the proper person upon whom the warrant is to be served. [People v. Veloso, GR 23051. Oct. 20, 1925]. Desecrate. To violate the sacredness of or to profane. Desecration. Profanity: blasphemous behavior; the act of depriving something of its sacred character. Desert. To abandon a person, cause, or organization in a way considered disloyal or treacherous. Desertion. Mar. Law. 1. Not a mere unauthorized absence from the ship, without leave, but an unauthorized absence from the ship with an intention not to return to her service; or as it is often expressed, animo non revertendi, that is, with an intention to desert. [Singa Ship Mgt. V. NLRC, GR 120276. July 24, 1997]. 2. A seaman's abandonment of duty by quitting ship, not only without leave or permission, but without justifiable cause, before termination of engagement; and with the intent of not returning to the ship's duty. [Singa Ship Management Phils. v. NLRC, GR 120276. July 24, 1997]. Desertion of a wife by a husband. The act of a husband in voluntarily leaving his wife with intention to forsake her entirely, never to return to her, and never to resume his marital duties towards her, or to claim his marital rights; such neglect as either leaves the wife destitute of the common necessaries of life, or would leave her destitute but for the charity of others. [Dela Cruz v. Dela Cruz, GR L-19565. Jan. 30, 1968]. Desiderata. Plural of Desideratum. Desideratum. Something considered necessary or highly desirable. [Iigo v. Cabrera, GR L-1032, Nov. 23, 1946]. Design. A plan or drawing produced to show the look and function or workings of a building, garment, or other object before it is built or made. Design Center of the Philippines. [A govt. agency] attached to the DTI [and] mandated to promote design as a creative tool for improving the quality and competitiveness and branding of Filipino products in the global market; as a strategic tool of value creation for sustainable economic growth and development; and as an innovative tool for enhancing the quality of human life. [Sec. 4, RA 10557]. Designate. Admin. Law. 1. To vest (a public officer) with additional duties while he performs the functions of his permanent office. [Sec. of DOTC v. Mabalot, GR 138200, Feb. 27, 2002]. 2. To indicate,
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select, appoint or set apart for a purpose of duty. [Debulgado v. CSC, GR 111471. Sep. 26, 1994]. Designated persons. (1) Any person or entity designated and/or identified as a terrorist, one who finances terrorism, or a terrorist organization or group under the applicable U.N. Security Council Resolution or by another jurisdiction or supranational jurisdiction; (2) any organization, association, or group of persons proscribed pursuant to Sec. 17 of the Human Security Act of 2007; or (3) any person, organization, association, or group of persons whose funds or property, based on probable cause are subject to seizure and sequestration under Sec. 39 of the Human Security Act of 2007. [Sec. 3, RA 10168]. Designation. 1. An appointment or assignment to a particular office. [Debulgado v. CSC, GR 111471. Sep. 26, 1994]. 2. The term connotes merely the imposition of additional duties, upon a person already in the public service by virtue of an earlier appointment or election [Santiago v. COA, 199 SCRA 125; Political Law Review by Gonzales, pp. 184-185]. Compare with Appointment. Desire. Legal Med. The ardent wish to engage in sexual activity which may be triggered by thoughts or verbal and visual suggestions. [Olarte, Legal Med., 1st Ed. (2004), p. 111]. Despoblado. Deserted spot; unpopulated. See Uninhabited place. Destierro. 1. Banishment or only a prohibition from residing within the radius of 25 kms. from the actual residence of the accused for a specified length of time. [Uy Chin Hua v. Dinglasan, 86 Phil. 617, 619]. 2. Although destierro does not constitute imprisonment [which is a typical example of deprivation of liberty], it is nonetheless a deprivation of liberty. [People v. Abilong, 82 Phil. 172, 174]. Destroy. To ruin completely; spoil. Destruction. Crim. Law. The felony committed 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, whether or not the commission has endangered the safety of any person. [Art. 324, RPC]. Destruction of the instrument; how proved. Destruction of the instrument may be proved by any person knowing the fact (of the destruction). [E. Michael & Co. v. Enriquez, GR 10824. Dec. 24, 1915]. See also Execution and delivery of the document; by whom established and Loss of the instrument; how shown. Destruction of wildlife resources. The offense committed by any person violating the provisions of Sec. 55 of PD 705 [Forestry Reform Code] or the regulations promulgated thereunder. [Sec. 72, PD 705]. Destructive. Causing great and irreparable harm or damage.
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Destructive arson. Crim. Law. The felony committed by any person who shall burn: (a) any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or general museum of the Government; (b) any passenger train or motor vehicle in motion or vessel out of port; or (c) in an inhabited place, any storehouse or factory of inflammable or explosive materials. [Art. 320, RPC]. Detail. Admin. Law. The movement from one Department or Agency to another which is temporary in nature. [Rep. v. CA, GR 86147. Feb. 26, 1990]. Compare with Reassignment. Detain. Hold or keep in custody. [Paat v. CA, 266 SCRA 185 (1997)]. Detentacion. Sp. Forcible entry. [Sering v. Plazo, GR L-49731. Sep. 29, 1988]. Dtente. Fr. Relax. Intl. Law. The easing of strained relations, esp. in a political situation. Detention. 1. The act of taking a person into custody against his will by persons acting in an official capacity and/or agents of the State. [Sec. 3, RA 10368]. 2. It refers not only to the placing of a person in an enclosure which he cannot leave, but also to any other deprivation of liberty. [People v. Santos, GR 117873, Dec. 22, 1997]. Detention home. A 24-hour child-caring institution providing short term resident care for youthful offenders who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. [Art. 117, PD 603]. Determinable. Liable to come to an end upon the happening of a certain contingency. Susceptible of being determined, found out, definitely decided upon, or settled. Determinable future time. A future time, within the meaning of Act 2031, which an instrument is expressed to be payable: (a) at a fixed period after date or sight; or (b) on or before a fixed or determinable future time specified therein; or (c) on or at a fixed period after the occurrence of a specified event which is certain to happen, though the time of happening be uncertain. [Sec. 4, NIL]. Determinate. Precisely limited or defined; definite. Determinate thing. A thing which is particularly designated or physically segregated from all other of the same class. [Art. 1460, CC]. Determination. The decision of a court of justice. Determine. To put an end to; terminate. Devaluate. To devalue: to remove the value from; to deprive of its value. Devaluation. 1. Any decrease or lowering of the monetary value of the peso vis-vis other foreign currencies without any reference at all to the gold value of the Phil. peso. It can also be construed as a reduction in the value of our currency from an officially agreed fixed level imposed by monetary authorities. [Del Rosario v. Shell Co., GR L-28776. Aug. 19, 1988]. 2. As applied to a monetary unit, a reduction in its metallic content as determined by law resulting in the lowering of the value of one nation's currency in terms of the currencies of other nations. [Del Rosario v. Shell Co., GR L-28776. Aug. 19, 1988].
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Devalue. To reduce the official value of a currency in relation to other currencies Devastavit. Lat. He has wasted. A personal representative who has mismanaged the estate and allowed an avoidable loss to occur. This action opens the personal representative to personal liability for the loss. Develop. 1. To grow or cause to grow and become more mature, advanced, or elaborate. 2. To become more economically and socially advanced. Development. 1. The work under-taken to explore and prepare an ore body or a mineral deposit for mining, incl. the construction of necessary infrastructure and related facilities. [Sec. 3, RA 7942]. 2. Steps necessarily taken to reach an ore body or mineral deposit so that it can be mined. [Sec. 2, PD 463]. Development bank. Bank which provides funds for the promotion of the economy of an area, country, region, or the world. Development expenditures. Expenditures paid or incurred during the development stage of the mine or other natural deposits. The development stage of a mine or other natural deposit shall begin at the time when deposits of ore or other minerals are shown to exist in sufficient commercial quantity and quality and shall end upon commencement of actual commercial extraction. [Sec. 34, NIRC, as amended]. Development rights. Also known as New use rights. The right to use and/or develop land and improvements thereon incl. putting them to a more intensive use, conversion to a more profitable use, increasing density and the like. [Sec. 3, PD 1517]. Developmental legal aid. The rendition of legal services in public interest causes involving overseas workers, fisherfolk, farmers, laborers, indigenous cultural communities, women, children and other disadvantaged groups and marginalized sectors. [Sec. 1, Art. 2, AM 08-11-7-SC (IRR), Sept. 10, 2009]. Develop - operate - and - transfer. A contractual arrangement whereby favorable conditions external to a new infrastructure project which is to be built by a private project proponent are integrated into the arrangement by giving that entity the right to develop adjoining property, and thus, enjoy some of the benefits the investment creates such as higher property or rent values. [Sec. 2, RA 7718]. Deviation. Mar. Ins. A departure from the course of the voyage insured, mentioned in [secs. 121 and 122 of the Ins. Code], or an unreasonable delay in pursuing the voyage or the commencement of an entirely different voyage. [Sec. 123, IC]. Device. Medical devices, radiation devices and health-related devices. [Sec. 9, RA 9711]. Device making or altering equipment. Any equipment, mechanism or impression designed or primarily used for making or altering or re-encoding an access de-vice or a counterfeit access device. [Sec. 3, RA 8484]. Devise. Succ. 1. Gifts of real property given by virtue of a will. 2. The transfer
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or conveyance of real property by will. Compare with Legacy. Devisee. Succ. A person who receives real property through a will. Compare with Devisee. Devisees. Succ. Persons to whom gifts of real property are given by virtue of a will. [Art. 782, CC]. Compare with Legatees. Devoid. Completely lacking; completely wanting or lacking. Devolution. Pol. Law. The transfer of power and authority from the Natl. Govt. to LGUs to enable them to perform specific functions and responsibilities. [Art. 24 (b), LGC]. Compare with Decentralization. Devolvera. Sp. (Devolver) To return. [Used in People v. Cuevo, 191 Phil. 622 (1981)]. DFA. See Department of Foreign Affairs. DFA-OV. See Department of Foreign Affairs Overseas Voting Secretariat. Diagnosis. The identification of the nature of an illness or other problem by examination of the symptoms. Diagnostic. Concerned with the diagnosis of illness or other problems. Diagnostic and laboratory tests. Diagnostic examinations that are necessary for the diagnosis and/or treatment of an illness and injury, incl. but not limited to X-ray, CT scans, ECG, 2D Echo, gastroenterology, blood chemistry exams, histopathology and immunopathology, hematology, urine analysis, parasitology and bacteriology test, and serology. [Art. 5, IRR of RA 9994]. Diagnostic pharmaceutical agents. Specific topical drugs used to aid optometrists in their examination of the human eye. [Sec. 3, RA 8050]. Diagnostic procedure. Any procedure to identify a disease or condition through analysis and examination. [Sec. 1, RA 9241]. Dicat testator et erit lex. Lat. What the testator says will be the law. [Acain v. IAC, GR L-72706. Oct. 27, 1987]. Dictionary. A book containing words of a particular language arranged alphabetically with their meanings, pronunciations, etymologies, and so on. Dictum or Dicta. Lat. An opinion of a judge that does not embody the resolution or determination of the court, and is made without argument or full consideration of the point, not the proffered, deliberate opinion of the judge himself. It is not necessarily limited to issues essential to the decision, but may also include expressions of opinion that are not necessary to support the decision reached by the court. Mere dicta are not binding under the doctrine of stare decisis. [Ayala Corp. v. Rosa-Diana and Realty Devt. Corp., 400 Phil. 511, 523 (2000)]. See Obiter dictum. Diesel. The refined petroleum distillate, which may contain small amount of hydrocarbon or nonhydrocarbon additives to improve ignition quality or other characteristic, suitable for compression ignition engine and other suitable types of engines with quality specifications in accordance with PNS. [Sec. 3, RA 9367].
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Diet. The kinds of food that a person, animal, or community habitually eats. Dietary supplement. Something added to complete a diet or to make up for a dietary deficiency. Dietetic. Concerned with diet and nutrition. Dietetic internship. A period of practical training in any accredited hospital which provides opportunity to acquire knowledge and skills in the administrative and therapeutic phases of dietetics. The administrative phase includes experience in: the planning, purchasing, preparing and serving of food to patients and personnel within budget allowances; supervising the handling and storage of food supplies and equipment; directing the maintenance of proper sanitary measures within the department; and the training of personnel. The therapeutic phase includes experience in the application of scientific knowledge to nutritional problems presented by various diseases. [Sec. 1, RA 2674]. Dietetics. The combined science and art of regulating the planning, preparing and serving of meals to individuals or groups acc. to the principles of nutrition and management with due consideration to economic, social and psychological factors. [Sec. 1, RA 2674]. Digest. An index or compilation of abstracts of reported cases into one, set forth under proper law topic headings or titles and usu. in alphabetical arrangement. Digital. Involving or relating to the use of computer. Digital video disk (DVD). A high-density optical disk for storing large amounts of data, esp. high-resolution audio-visual material. Dilatory. Intended to cause delay. Dilatory tactic. 1. Motion or plea that is designated to delay the court proceedings, e.g., a 2nd motion for reconsideration in the Sup. Court, or a motion for postponement of a hearing for flimsy reasons. 2. Methods by which the rules of procedure are used by a party to a lawsuit in an abusive manner to delay the progress of the proceedings. For example, when numerous motions brought before a court for postponement are baseless, time is wasted because the court must stop the course of ongoing proceedings to examine whether there is any merit to the motions. The party in whose interests the motion is brought uses this tactic to gain time to enhance his or her position, or to postpone an action by a court as long as possible to minimize the impact of a decree rendered against him or her. A party found to engage in dilatory tactics may be held in contempt of court. Diligence. Careful and persistent work or effort. Diligence of a good father of a family. The proper diligence required by law of every person obliged to give something to take care of the same, unless the law or the stipulation of the parties requires another standard of care. [Art. 1163, CC]. Diligentissimi patris familias. Lat. Diligence of a good father of a family. [Tamagro vs CA, 209 SCRA 519].
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Diocese. The circuit or extent of a bishop's jurisdiction; the district in which a bishop has authority." [Roman Catholic Apostolic Administrator of Davao, Inc. v. Land Registration Commission, GR L8451. Dec. 20, 1957]. Diphenylamine test. A chemical test whereby a paraffin cast of the hand(s) is examined for the presence of nitrates to prove whether the person concerned has recently fired a firearm. [People v. Madriaga IV, GR 73057. Mar. 8, 1989]. See also Paraffin test. Diplomacy. A form of international dispute settlement that attempts to reconcile parties to a disagreement by use of negotiation, mediation, or inquiry. Diplomat. Intl. Law. An official representative of a state, present in another state for the purposes of general representation of the state-of-origin or for the purpose of specific international negotiations on behalf of the diplomat's stateof-origin. Diplomatic. Of or concerning the profession, activity, or skill of managing international relations. Diplomatic agents. Intl. Law. Government representatives who are sent by one country to live and work in another, to serve as intermediaries bet. the 2 countries. Diplomatic asylum. Intl. Law. The refuge extended to a fugitive in the residence of a diplomat in the host state in which the residence is located on the fiction that it is an extension of that diplomats own territorial state. Diplomatic corps. Intl. Law. It consists of the different diplomatic representatives who have been accredited to the local or receiving state. It is headed by a doyen du corps or dean, who is usu. the member of the highest rank and the longest service in the state. In Catholic countries, the dean is the Papal Nuncio. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 83]. Diplomatic correspondence. Intl. Law. Official correspondence bet. the agents authorized by a state to conduct its foreign relations either at home or abroad, or bet. them and similarly authorized representatives of foreign governments. Diplomatic immunity. Intl. Law. 1. A form of legal immunity and a policy held bet. governments, which ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws (although they can be expelled). [Vienna Convention on Diplomatic Relations (1961)]. 2. The immunity enjoyed by a diplomatic agent from the criminal jurisdiction of the receiving State. Also, the immunity of such agent from the civil and administrative jurisdiction of said State, except in the case of an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 3]. Diplomatic negotiations. The process by which States settle their differences through an exchange of views bet. diplomatic agencies. Discussions may be oral or written, brief or prolonged. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 1076-1077].
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Dipsomania. Legal Med. An irresistible impulse to indulge in intoxication either with alcohol or drugs. [Olarte, Legal Med., 1st Ed. (2004), p. 151]. Dipterocarp. Tree of the family Dipterocarpacea. Dipterocarp forest. A forest dominated by trees of the dipterocarp species, such as red lauan, tangile, tiaong, white lauan, almon, bagtikan and mayapis of the Phil. mahogany group, apitong and the yakals. [Sec. 3, PD 705]. Direct. The term would relate to an act stemming immediately from a source, cause or reason. [Guerrero v. Villamor, GR 82238-42. Nov. 13, 1989]. Direct access. Any one of a number of measures permitting direct dealings bet. authorized entities and international satellite system providers at specified levels as defined by the NTC. [Sec.3, EO 467, s. 1998]. Direct action. The right of a 3rd party who has a claim in responsibility against an insured to proceed directly by suit against the insurer, usu. because the insured has been declared bankrupt or has become insolvent. In most jurisdictions, direct action is permitted only by statute. Direct assault. Crim. Law. The employment of force or intimidation by any person or persons, without a public uprising, for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or the attack, employment of force, or serious intimidation or resistance of any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance. [Art. 148, RPC]. Compare with Indirect assault. Direct assault. Crim. Law. How commited: An offense against public order that may be committed: 1. by any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition; and 2. by any person or persons who, without a public uprising, shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance. [Rivera v. People, 501 Phil. 37, 44-45 (2005)]. Direct attack. A method used by an appellant to set aside or correct an award in a proceeding instituted for that purpose. It is used to annul, reverse, vacate, correct or to declare void a judgment or an award. A direct attack is generally made in appeal, writ, review or injunction. Direct attack against a judgment. One that is made through an action or proceeding the main object of which is to annul, set aside, or enjoin the enforcement of such judgment, if not yet carried into effect; or, if the property has been disposed of, the aggrieved party may sue for recovery. [El Banco EspaolFilipino v. Palanca, 37 Phil. 921 (1918)]. Compare with Collateral attack. Direct attack of corporate existence. One whereby the State, in a proceeding brought for that purpose, attacks the existence of an association claiming to be a corporation. It can only be instituted by
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the govt. through the Sol. Gen. by quo warranto proceedings. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 152]. Compare with Collateral attack of corporate existence. Direct attack on a title. An attack the objective [of which] is to annul or set aside [the] judgment [pursuant to which the title was decreed], or enjoin its enforcement. [Sarmiento v. CA, GR 152627, Sept. 16, 2005]. Compare with Indirect or collateral attack on a title. Direct bribery. Crim. Law. The felony committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, or by the officer who shall accept the gift in consideration of the execution of an act which does not constitute a crime, and the officer executed said act or did not accomplish said act. [Art. 210, RPC]. Direct contempt. 1. Misbehavior in or near the presence of a judge or court which obstructs or interrupts court proceedings. Direct contempt may be summarily punished by fine and imprisonment. Compare with Indirect contempt. 2. Contempt committed in the presence of or so near the judge as to obstruct him in the administration of justice. [Narcida v. Bowen, GR 6694. Mar. 26, 1912]. Compare with Constructive contempt. Direct duplicate taxation. 2 taxes x x x imposed on the same subject matter, for the same purpose, by the same taxing authority, within the same jurisdiction, during the same taxing period; and the taxes must be of the same kind or character. [Comm. of Int. Rev. v. Bank of Commerce, GR 149636, 8 June 2005]. See also Double taxation. Direct evidence. 1. Evidence which proves the fact in dispute without the aid of any inference or presumption. 2. Proof of facts by witnesses who saw acts done or heard words spoken. Compare with Circumstantial evidence. Direct examination. Evid. 1. The examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. [Sec. 5, Rule 132, RoC]. 2. The 1st questioning of witnesses by the party on whose behalf they are called. Compare with Cross-examination. Direct government guarantee. An agreement whereby the govt. or any of its agencies or LGUs assume responsibility for the repayment of debt directly incurred by the project proponent in implementing the project in case of a loan default. [Sec. 2, RA 7718]. Direct injury test. The test adopted by the Sup. Court for determining whether a petitioner in a public action had locus standi [or] a personal and substantial interest in the case [that the person who would assail the validity of a statute must have] such that he has sustained, or will sustain direct injury as a result. [People v. Vera, 65 Phil. 56]. Direct line. 1. That constituted by the series of degrees among ascendants and descendants. [Art. 964, CC]. 2. [It] is either descending or ascending. The former unites the head of the family with those who descend from him. The latter
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binds a person with those from whom he descends. [Art. 965, CC; Lee v. CA, GR 177861, July 13, 2010]. Compare with Collateral line. Direct marketing. Communication by whatever means of any advertising or marketing material which is directed to particular individuals. [Sec. 3, RA 10173]. Direct solar energy. The energy content of solar radiation harnessed by collecting sunlight in man-made devices such as flat-plate or focusing solar collectors. [Sec. 2, PD 1068]. See Indirect solar energy. Direct Supervision. Range supervision where physical presence of the veterinarian within the barangay is necessary. [Sec. 3, RA 9482]. Direct tax. 1. A tax which is demanded from the very person intended to be the payor, although it may ultimately be shifted to another. An example of a direct tax is the personal income tax. 2. A tax for which a taxpayer is directly liable on the transaction or business it engages in. [Maceda v. Macaraig, GR 88291. May 31, 1991]. Direct taxes. Those are demanded from the very person who, it is intended or desired, should pay them. [Comm. of Int. Rev. v. John Gotamco & Sons, Inc., GR L-31092. Feb. 27, 1987]. Compare with Indirect taxes. Direct to home (DTH) TV. A broadcasting system wherein television programs are transmitted directly to home or user receivers via satellite, thus making the reception cover not only individual(s) in their homes but other places as well. [Sec.3, EO 467, s. 1998]. Direct trust. A trust intentionally created by the direct and positive act of the settlor, by some writing, deed, or will, or oral declaration. That created by the parties in a language directly and expressly pointing out the persons, property and purpose of the trust. Directly competitive products. Domestically-produced substitutable products. [Sec. 4, RA 8800]. Directly vested jurisdiction. The power or authority to govern and execute the laws, particularly the authority vested in the judges to administer justice, that is, to try civil or criminal cases or both, and to render judgment thereon in accordance with the law. [People v. Mendoza, GR 39275. Dec. 20, 1933]. Director. Any director of a corporation or any person performing similar functions with respect to any organization. [Sec. 3, RA 2629]. Directory. Serving to direct, as opposed to mandatory, Directory statutes. Laws which are permissible or discretionary in nature and merely outline the act to be done in such a way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially the same result obtained. [Suarez, Stat. Con., (1993), p. 92]. Compare with Mandatory statutes. Dirty hands doctrine. An equitable defense available to a defendant against the plaintiff. In this defense, the defendant can claim that the plaintiff should not
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be granted relief because the plaintiff has acted in bad faith regarding the subject matter of the complaint. A person is abstained from receiving equitable rbuildelief when he/she acts in bad faith or in an unethical manner. The rule embodied in this doctrine is that the participant in a wrongful act may not recover damages resulting from it. Generally it is the defendant who claims the defense; hence, the burden of proof is on the defendant to show that the plaintiff is not acting in good faith. See Clean hands doctrine. Disability. 1. A physical or mental impairment that substantially limits one or more psychological, physiological or anatomical function of an individual or activities of such individual. 2. A record of such an impairment 3. Being regarded as having such an impairment. [Sec. 4, RA 7277]. 4. Loss or impairment of a physical or mental function resulting from injury or sickness. [Art. 167, LC]. 5. Loss or reduction of a person's capacity to effectively cope with the demands of his environment as a result of disease or injury, incl. birth trauma. [Sec. 2, RA 5680]. Disabled persons. Those persons suffering from restriction or different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being. [Sec. 4, RA 7277]. Disallowance. The act of disallowing; refusal to admit or permit; rejection. Disallowance of wills. Grounds: (a) If the formalities required by law have not been complied with; (b) if the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution; (c) if it was executed through force or under duress, or the influence of fear, or threats; (d) if it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person; (e) if the signature of the testator was procured by fraud; (f) if the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. [Art. 839, CC]. Disaster. A serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disasters are often described as a result of the combination of: the exposure to a hazard; the conditions of vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential negative consequences, Disaster impacts may include loss of life, injury, disease and other negative effects on human, physical, mental and social wellbeing, together with damage to property, destruction of assets, loss of services, Social and economic disruption and environmental degradation. [Sec. 3, RA 10121; Sec. 3, RA 9729]. Disaster mitigation. The lessening or limitation of the adverse impacts of hazards and related disasters. Mitigation measures encompass engineering techniques and hazard-resistant construction as well as improved environmental policies and public awareness. [Sec. 3, RA 10121].
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Disaster operations. Any effort by one or more agencies, govt. and/or otherwise, to provide emergency assistance in relief to persons who are victims of a disaster or calamity. Specific aid and assistance that may be provided in disaster operations include, among others: issuance of medical supplies and equipment and emergency medical treatment; food, water and shelter, rescue and firefighting services; police protection; route clearance and traffic control; prevention of panic, communications and restoration of facilities. [Sec. 1, EO 948, Apr. 23, 1984]. Disaster preparedness. The knowledge and capacities developed by governments, professional response and recovery organizations, communities and individuals to effectively anticipate, respond to, and recover from, the impacts of likely, imminent or current hazard events or conditions. Preparedness action is carried out within the context of disaster risk reduction and management and aims to build the capacities needed to efficiently manage all types of emergencies and achieve orderly transitions from response to sustained recovery. Preparedness is based on a sound analysis of disaster risk and good linkages with early warning systems, and includes such activities as contingency planning, stockpiling of equipment and supplies, the development of arrangements for coordination, evacuation and public information, and associated training and field exercises. These must be supported by formal institutional, legal and budgetary capacities. [Sec. 3, RA 10121]. Disaster prevention. The outright avoidance of adverse impacts of hazards and related disasters. It expresses the concept and intention to completely avoid potential adverse impacts through action taken in advance such as construction of dams or embankments that eliminate flood risks, land-use regulations that do not permit any settlement in high-risk zones, and seismic engineering designs that ensure the survival and function of a critical building in any likely earthquake. [Sec. 3, RA 10121]. Disaster response. The provision of emergency services and public assistance during or immediately after a disaster in order to save lives, reduce health impacts, ensure public safety and meet the basic subsistence needs of the people affected. Disaster response is predominantly focused on immediate and short-term needs and is sometimes called "disaster relief. [Sec. 3, RA 10121]. Disaster risk. The potential disaster losses in lives, health status, livelihood, assets and services, which could occur to a particular community or a Society over some specified future time period. [Sec. 3, RA 10121]. Disaster risk reduction. The concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, incl. through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events. [Sec. 3, RA 10121; Sec. 3, RA 9729]. Disaster risk reduction and management. The systematic process of using administrative directives, organizations, and operational skills and capacities to implement strategies, policies and im-
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proved coping capacities in order to lessen the adverse impacts of hazards and the possibility of disaster. Prospective disaster risk reduction and management refers to risk reduction and management activities that address and seek to avoid the development of new or increased disaster risks, esp. if risk reduction policies are not put in place. [Sec. 3, RA 10121]. Disaster risk reduction and management information system. A specialized database which contains, among others, information on disasters and their human material, economic and environmental impact, risk assessment and mapping and vulnerable groups. [Sec. 3, RA 10121]. Disaster volunteer worker (DVW). A duly accredited member of any of the task units of a local disaster coordinating council. [Sec. 1, EO 948, Apr. 23, 1984]. Disbar. To expel from the bar or the legal profession or deprives a lawyer of legal status or privilege. [CSC Res. 020520, Apr. 11, 2002]. Disbarment. Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law. Disbarment or Suspension of a lawyer. Grounds: (1) Deceit; (2) malpractice; (3) gross misconduct in office; (4) grossly immoral conduct; (5) conviction of a crime involving moral turpitude; (6) violation of the lawyers oath; (7) willful disobedience of any lawful order of a superior court; and (8) willfully appearing as an attorney for a party without authority to do so. [Sec. 27, Rule 138, RoC; Re: Admin. Case v. Atty. Occea, 433 Phil. 138, 155 (2002)]. Discern. 1. To understand the difference bet. right and wrong. 2. To understand the differences bet. right and wrong and the consequences of the wrongful act. Discernment. 1. As used in Art. 12 (3) of the Rev. Penal Code, the mental capacity of a minor under 15 years of age but over 9, who commits an act prohibited by law, to understand the difference bet. right and wrong. [People v. Doquena, 68 Phil. 580 (1939)]. 2. The capacity of the child at the time of the commission of the offense to understand the differences bet. right and wrong and the consequences of the wrongful act. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Discharge. 1. The act of spilling, leaking, pumping, pouring, emit-ting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water. [Sec 4, RA 9275]. 2. Any spilling, leaking, pumping, pouring, emitting, emptying or dumping but does not include discharge of effluents from industrial or manufacturing establishments, or mill of any kind. [Sec. 3, PD 979]. Discharge. Civ. Law. The court's formal discharge of a debtor's debts. In probate, the release of the estate's representative from fiduciary responsibility. Discharge. Labor. It takes place when the employer has resolute intention to dispense with the services of the employee. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22].
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Discharge of debtor. In the law of Insolvency, [the term] refers to the release of the debtor from his debts which were or might be proved in the insolvency proceedings such that they are no longer a charge upon him. [Sec. 64, Act 1956, Insolvency Law]. Discharge of firearms. Crim. Law. The felony committed by any person who shall shoot at another with any firearm, unless the facts of the case are such that the act can be held to constitute frustrated or at-tempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the Arts. of the Rev. Penal Code. [Art. 254, RPC]. Disclaim. To refuse a gift made in a will. Disclaimer. A persons denial or responsibility or repudiation of a claim or assertion over a right or thing so as to defend against any potential liability. Discontinuous. Having intervals or gaps. Discontinuous easements. Those easements which are used at intervals and depend upon the acts of man. [Art. 615, CC]. Discount. The sale of a receivable at less than its face value. [Great Asian Sales Center v. CA, GR 105774, Apr. 25, 2002]. Discounted. 1. Selling at less than the usual price. 2. Selling goods at a discount. Discounting easement. An easement or servitude which is used at intervals only and depends upon the acts of man. [Art. 615, CC]. Discounting line. A credit facility with a financing company or bank which allows a business entity to sell, on a continuing basis, its accounts receivable at a discount. [Great Asian Sales Center v. CA, GR 105774, Apr. 25, 2002]. Discourteous. Showing rudeness and a lack of consideration for other people. Discourtesy. Incivility; ill manners; rudeness of behavior or language; an impolite act. [Espina, Didith R., CSC Res. 982991, Nov. 16, 1998]. Discovered peril doctrine. A legal principle under tort law which states that a plaintiff who was contributorily negligent may recover from a defendant if the defendant had the last opportunity to prevent the harm but failed to use reasonable care to do so. The doctrine aids a plaintiff to rebut the contributory negligence defense in those few jurisdictions where contributory negligence bars recovery. It is also known as Last clear chance doctrine, Subsequent negligence doctrine or Supervening negligence doctrine. See Last clear chance doctrine. Discovering secrets through seizure of correspondence. Crim. Law. The felony committed by any private individual who in order to discover the secrets of another, shall seize his papers or letters, whether or not he reveals the contents there-of. This shall not be applicable to parents, guardians, or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or study, nor to spouses with respect to the papers or letters of either of them. [Art. 290, RPC].
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Discovery. The disclosure of facts resting in the knowledge of the defendant, or as the production of deeds, writings, or things in his possession or power, in order to maintain the right or title of the party asking it, in a suit or proceeding. [Insular Life v. CA, GR 97654. Nov. 14, 1994]. Discovery modes. Rem. Law. The name given pretrial devices for obtaining facts and information about the case. Discovery rule. [The rule that] when the gravamen of the cause of action is fraud, the statute of limitations does not begin to run against the injured person until discovery of the facts constituting the fraud or until by reasonable diligence such facts may have been discovered. [Presidential Ad Hoc FactFinding Committee v. Ombudsman, GR 135350, Mar. 3, 2006]. Discreta. See Accession discreta. Discretio est scire per legem quid sit justum. Lat. Discretion consists in knowing through the law what is just. Discretion. 1. When applied to public functionaries, it is a power or right conferred upon them by law of acting officially, under certain circumstances, uncontrolled by the judgment or conscience of others. [Rep. v. Capulong, GR 93359, July 12, 1991, quoting Meralco Securities Corp. v. Savellano, L-36748, Oct. 23, 1982]. 2. The act or the liberty to decide, acc. to the principles of justice and one's ideas of what is right and proper under the circumstances, without willfulness or favor. [Lamb v. Phipps, GR 7806. July 12, 1912]. Discretionary. Left to or regulated by one's own discretion or judgment. Discretionary execution. Rem. Law. It is also called execution pending appeal which is the execution of a judgment or final order before it attains finality. [Sec. 2, Rule 39]. Discretionary execution of appealed judgments. Rem. Law. [This] may be allowed upon concurrence of the following requisites: (a) there must be a motion by the prevailing party with notice to the adverse party; (b) there must be a good reason for execution pending appeal; and (c) the good reason must be stated in a special order. [Manacop v. Equitable Banking Corp. GR 162814-17, Aug. 25, 2005]. Discretionary execution or Execution of judgment pending appeal. Rem. Law. The execution of a judgment or final order before it attains finality. The court which rendered the decision can grant an execution pending appeal if it still retains jurisdiction over the case and is in possession of the records at the time of the filing of the motion; otherwise, the motion shall be acted upon by the appellate court. [Bench Book for Trial Court Judges, p. 2-56]. Compare with Ministerial execution. Discretionary funds. Funds which are not earmarked and are available for use as needed. Discrimination. The unjust or prejudicial treatment of different categories of people or things, esp. on the grounds of race, age, or sex. Discrimination against women. Any gender-based distinction, exclusion, or
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restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status. on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field. It includes any act or omission, incl. by law; policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges. A measure or practice of general application is discrimination against women if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men, are shown to have suffered the greater adverse effects of those measures or practices. Provided, finally, That discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination against women under RA 9710. [Sec. 4, RA 9710]. Discrimination on the basis of disability. Any distinction, exclusion or restriction on the basis of disability which has the effect of impairing or nullifying the recognition, enjoyment, or exercise, on an equal basis with others, of all human rights and fundamental freedoms, incl. denial of reasonable accommodation. [Sec. 2, RA 10366]. Disease. A pathological condition of a part, organ, or system of an organism resulting from various causes, such as infection, genetic defect, or environmental stress, and characterized by an identifiable group of signs or symptoms. Disease infested. Severely impaired trees due to bacteria, fungus, or virus, viriod and the chances of its survival and being economically productive is nil. [Sec. 3, PCA AO 1-95]. Disease or Defect. A pathological change or other abnormality. [Sec. 4, RA 9296]. Disfigure. To mar or spoil the appearance or shape of; Disfigurement. An appearance that has been spoiled or is misshapen. See Deformity. Disgrace. Loss of reputation or respect, esp. as the result of a dishonorable action. Disgraceful. Shockingly unacceptable. Shameful; ignominious; scandalous; infamous. Disgraceful and immoral conduct. An act which violates the basic norm of decency, morality and decorum abhorred and condemned by the society and conduct which is willful, flagrant or shameless, and which shows a moral indifference to the opinions of the good and respectable members of the community. [Sec. 1, CSC Res. 100912, May 17, 2010]. See also Immoral conduct. Disguise. The use by a person committing a crime [under Art. 14, par. 14 of the Rev. Penal Code] of a mask to cover his face for the purpose of concealing his identity.
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Dishonest. Behaving or prone to behave in an untrustworthy or fraudulent way. Dishonesty. 1. The concealment or distortion of truth in a matter of fact relevant to one's office or connected with the performance of his duties. [Sec. 8, PD 971]. 2. Any act which shows lack of integrity or a disposition to defraud, cheat, deceive or betray. It consists of an intent to violate the truth. [Bagacay, Julio C., CSC Res. 97-1123, Feb. 4, 1997]. 3. The disposition to lie, cheat, deceive, or defraud; untrustworthiness; lack of integrity; lack of honesty, probity or integrity in principle; lack of fairness & straightforwardness; disposition to defraud, deceive or betray. [Re: Admin. Case for Dishonesty v. Ting & Esmerio, AM. 2001-7-SC & 2001-8-SC, 22 July 2005]. Dishonor. The refusal of the bank against [which] the check is drawn to pay it due to any of these grounds: insufficient funds, account closed, payment stopped, or no account with bank. Dishonorable. Bringing shame or disgrace on someone or something. Dishonorable conduct. The state or quality of being immoral; vice, wickedness; also an immoral act or practice. The term denotes a norm of conduct which is contrary to human decency, goodness and uprightness. Disinherit. To change one's will or take other steps to prevent another from inheriting one's property. Disinheritance. Succ. 1. Depriving a compulsory heir of his legitime, for causes expressly stated by law. [Art. 915, CC]. 2. A testamentary disposition depriving any compulsory heir of his share in the legitime for a cause authorized by law. [Maninang v. CA, GR L57848. June 19, 1982]. Disinterested. Free from bias, prejudice or partiality. [Hernandez v. Hernandez, GR 158576. Mar, 9, 2011]. Disinterested person. The punong barangay having jurisdiction over the place where an applicant for legal aid or client of the NCLA or chapter legal aid office resides. [Sec. 1, Art. 2, AM 08-11-7-SC (IRR), Sept. 10, 2009]. Disinter. Dig up something that has been buried, esp. a corpse. Disinterment. The removal or exhumation of remains from places of interment. [Sec. 89, PD 856]. Disk. Any of several types of media for storing electronic data consisting of thin round plates of plastic or metal. Diskettes. Integral parts of a computer system, constituting one of the "inputoutput devices" or "peripherals," in the same manner that the keyboard is an "input-output device" and the monitor, keyboard and printer are "peripherals" in relation to the memory or central processing unit (CPU) of the computer system. [People v. Burgos, GR 92739. Aug. 2, 1991]. Disloyal. Not true to a sovereign or lawful superior, or to the govt. under which one lives; false where allegiance is due; faithless. Disloyalty of public officers or employees. Crim. Law. The felony committed by public officers or employees who have failed to resist a rebel-lion by all
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the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them. [Art. 137, RPC, as reinstated by EO 187]. Disloyalty to the Government. It consists of abandonment or renunciation of one's loyalty to the Govt. of the Phils., or advocating the overthrow of the Government. [Sec. 8, PD 971]. Dismantle. Strip; disassemble; take apart; dismount. Dismantling. The tearing apart, piece by piece or part by part, of a motor vehicle. [Sec. 2, RA 6539]. Dismiss. To throw a case out of court. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. Dismissal. Labor. A discharge of an employee, a termination of an employee at the instance of the employer. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22]. Dismissal. Rem. Law. 1. The termination of the proceeding, either because the court is not a court of competent jurisdiction, or the evidence does not show that the offense was committed within the territorial jurisdiction of the court, or the complaint or information is not valid or sufficient in form and substance, etc. [Malanyaon v. Lising, GR L-56028. July 30, 1981]. 2. The termination of a lawsuit. See With prejudice and Without prejudice. Compare with Acquittal. Dismissal due to fault of plaintiff. Rem. Law. The dismissal of the complaint, upon motion of the defendant or upon the courts own motion, without prejudice to the right of the defendant to prosecute his counterclaim in the same or in a separate action, if, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint, or to prosecute his action for an unreasonable length of time, or to comply with the Rules or any order of the court, This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court. [Sec. 3, Rule 17, RoC]. Dismissal due to fault of plaintiff. Rem. Law. Instances when a complaint may be dismissed due to the plaintiff's fault: (1) if he fails to appear on the date for the presentation of his evidence in chief on the complaint; (2) if he fails to prosecute his action for an unreasonable length of time; or (3) if he fails to comply with the Rules or any order of the court. The dismissal of a case for failure to prosecute has the effect of adjudication on the merits, and is necessarily understood to be with prejudice to the filing of another action, unless otherwise provided in the order of dismissal. [Gomez v. Alcantara, GR 179556, Feb. 13, 2009]. Disobedience. Failure or refusal to obey rules or someone in authority. Disobedience to order of superior officers, when said order was suspended by inferior officer. Crim. Law. The felony committed by any public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after the latter have disapproved the suspension. [Art. 232, RPC]. Disobedience to summons is-sued by the National Assembly, its committees or subcommittees, by the Con-
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stitutional Commissions, its committees, subcommittees or divisions. Crim. Law. The felony committed by any person who, having been duly summoned to attend as a witness before the Natl. Assembly, [Congress], its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, with-out legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions; or by any person who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official. [Art. 150, RPC]. Disobey. Fail to obey rules, a command, or someone in authority. Disobeying request for disqualification. Crim. Law. The felony committed by any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing. [Art. 242, RPC]. Disorder. A disturbance of the peace. Disorders of volition. See Conation. Dispense. Any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription. [Sec 3, RA 9165]. Dispense with. Spare: give up what is not strictly needed. Disposal. 1. The act of parting with, alienation of, or giving up of supplies or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. The act of selling, burning or any other way of discarding valueless records in accordance with the provisions of RA 9470. [Sec. 4, RA 9470]. Dispose of. To alienate or direct the ownership of property, aas disposition by will. Disposed of. [The phrase] meant nothing more or less than a contract whereby the vendor was bound to furnish an article, because in said Act 2445, it provided that "whenever any person has prior to the enactment of this law (2432) entered into a contract whereby he has bound himself to furnish to another an article subject to the tax or increased rate of tax x x x," the purchaser, and not the vendor, was subject to pay such tax in the absence of stipulations to the contrary. [The Asiatic Petroleum Co. (Ltd.) v. The Insular Coll. of Int. Rev., GR L12687, Aug. 27, 1918]. Disposicion captatoria. Succ. Any disposition made upon the condition 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]. Disposition conference. A meeting held by the court with the social worker who prepared the case study report, together with the child in conflict with the law and the parents or guardian ad litem, and the child's counsel for the purpose of determining the disposition measures
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appropriate to the personal and special circumstances of the child. [Rule on Juveniles in Conflict with The Law, AM 021-18-SC, Nov. 24, 2009]. Disposition. The systematic sorting out of records in the office storage whereby those classified as valuable records are permanently preserved and those which are classified as valueless are disposed of. [Sec. 4, RA 9470]. Disposition or Dispositive Portion. In a criminal case, the disposition should include a finding of innocence or guilt, the specific crime committed, the penalty imposed, the participation of the accused, the modifying circumstances if any, and the civil liability and costs. In case an acquittal is decreed, the court must order the immediate release of the accused, if detained, [unless they are being held for another cause] and order the director of the Bu. of Corrections [or wherever the accused is detained] to report, within a maximum of 10 days from notice, the exact date when the accused were set free. In a civil case as well as in a special civil action, the disposition should state whether the complaint or petition is granted or denied, the specific relief granted, and the costs. The following test of completeness may be applied. 1st, the parties should know their rights and obligations. 2nd, they should know how to execute the decision under alternative contingencies. 3rd, there should be no need for further proceedings to dispose of the issues. 4th, the case should be terminated by according the proper relief. The "proper relief" usu. depends upon what the parties seek in their pleadings. It may declare their rights and duties, command the performance of positive prestations, or order them to abstain from specific acts. The disposition must also adjudicate costs. [Velarde v. Social Justice Society, GR 159357, Apr. 28, 2004]. Disposition post mortem. See Donation mortis causa. Dispositive. Relating to or having an effect on disposition or settlement, esp. of a legal case or will. Dispositive portion. That part of a court decision which contains the judgment or resolution of the issues subject of the complaint or petition. It usu. appears as the last par. in a decision. See also Disposition. Disputable. Not established as a fact, and is open to question or debate. Disputable presumption. Evid. A species of evidence that may be accepted and acted on where there is no other evidence to uphold the contention for which it stands, or one which may be overcome by other evidence. [People v. De Guzman, GR 106025. Feb. 9, 1994]. Presumption juris tantum. See Prima facie presumption; Rebuttable presumption. Compare with Conclusive presumption. Dispute. A disagreement on a point of law or fact, a conflict of legal views or interests bet. 2 persons. A disagreement or conflict has the character of an international dispute if it arises bet. 2 or more states. [Sandoval, Pol. Law Reviewer 2003]. Disputed decision. The phrase is the equivalent of "ruling, order or decision appealed from. [Navoa-Ramos v. CA, GR 119872. July 7, 1997].
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Disqualification for public office. Crim. Law. Effects: (a) Deprivation of the public offices and employment which the offender may have held, even if conferred by popular election; (b) The deprivation of the right to vote in any election for popular elective office or to be elected to such office; (c) The disqualification for the offices or public employment and for the exercise of any of the rights mentioned; In case of temporary disqualification, such disqualification as is comprised in par. (b) and (c) of this Art. shall last during the term of the sentence; (d) The loss of all rights to retirement pay or other pension for any office formerly held. [Art. 30, RPC]. All of these effects last during the lifetime of the convict and even after the service of the sentence except as regards pars. (b) and (c) of the above in connection with temporary absolute disqualification. [People v. Abes, 24 SCRA 780]. Disqualification of judges. 1. [The mandatory inhibition of a] judge or judicial officers [from sitting] in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the 6th degree of consanguinity or affinity, or to counsel within the 4th degree, computed acc. to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record. 2. [The voluntary inhibition of a] judge [who], in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above. [Sec. 1, Rule 137, RoC; Barnes v. Reyes, GR 179583, Sept. 3, 2009]. See also Inhibition. Disqualified. Declared as unqualified or ineligible. Disqualify. To pronounce someone ineligible for an office or activity because of an offense or infringement. Disquisition. A formal discourse on a subject, often in writing. Disrate. A term of maritime law where an officer or other seaman is either demoted in rank or deprived of a promotion. Disregard. To pay no attention to; ignore. Disregard of the respect due the offended party by reason of his rank, age or sex. An aggravating circumstance under Art. 14 (3) of the Rev. Penal Code which may be taken into account only in crimes against persons or honor, when in the commission of the crime there is some insult or disrespect shown to rank, age or sex. It is not proper to consider this aggravating circumstance in crimes against property. [People v. Collado, GR 88631. Apr. 30, 1991]. Disregarding the distinct personality of the corporation doctrine. The doctrine stating that when "the notion of legal entity is used to defeat public convenience, justify wrong, protect fraud, or defend crime, x x x the law will regard the corporation as an association of persons, or in the case of 2 corporations, merge them into one, the one being merely regarded as part or instrumentality of the other. [Yutivo & Sons Hardware Co. v. CTA, 1 SCRA 160]. The same is true where a corporation is a dummy and
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serves no business purpose and is intended only as a blind, or an alter ego or business conduit for the sole benefit of the stockholders. [McConnel v. CA, 1 SCRA 722]. Disregarding the fiction of corporate entity. See Piercing the veil of corporate entity or fiction doctrine. Dissent. To disagree. The word is used in legal circles to refer to the minority opinion of a justice which runs contrary to the conclusions of the majority. Dissenting opinion. 1. The minority opinion of a justice or justices which runs contrary to the conclusions of the majority. 2. There is nothing to enforce in a dissenting opinion since it affirms or overrules no claim, right, or obligation, and neither disposes of, not awards, anything; it merely expresses the views of the dissenter. [Tolentino v. Ongsiako, GR L-17938. Apr. 30, 1963]. Compare with Concurring opinion. Dissenting 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 disagrees with the majority opinion, its conclusions, and the disposition of the case, setting forth the reason for such dissent. [The Internal Rules of the Sup. Court, AM 10-4-20-SC, May 4, 2010]. Compare with Separate opinion and Concurring Opinion. Dissolution. The termination, process of dissolving or winding up something. Dissolution of a corporation by shortening corporate term. A voluntary dissolution of a corporation effected by amending its articles of incorporation to shorten its corporate term pursuant to the provisions of the Corp. Code. [Sec. 120, Corp. Code]. Dissolution of a corporation. 1. The act of ending, terminating or winding-up a corporation or its state of affairs. 2. The termination; process of dissolving or winding up something. Dissolution of a marriage. The act of ending the legal relationship bet. those persons formally joined by marriage. Dissolution of a partnership. The change in the relation of the parties caused by any partner ceasing to be associated in the carrying on, as might be distinguished from the winding up of, the business. [Art. 1828, CC]. Dissolve. To annul; abrogate. Distill. To purify a liquid by vaporizing it, then condensing it by cooling the vapor, and collecting the resulting liquid. Distillation. The process of first raising the temperature in separate the more volatile from the less volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified substance. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Distillers of spirits. All who distill spirituous liquors by original and continuous distillation from mash, wort, wash, sap, or syrup through continuous closed vessels and pipes until the manufacture thereof is complete. [Sec. 1, PD 426]. Distinctive signals. Any of the distinctive signals specified in Chap. III of Annex I to the Protocol Additional to the 1949 Geneva Conventions, and relating to the Protection of Victims of Intl. Armed Con-
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flicts [Protocol I], being the signals of identification for medical units and transport, namely: the blue light signal, the radio signal and electronic means of identification. [Sec. 3, RA 10530]. Distingue tempora et concordabis jura. Lat. Distinguish times and you will harmonize laws. [Comm. of Customs v. Superior Gas and Equipment Co., 108 Phil. 225, May 25, 1960]. Distraer. Sp. To convert. The term connotes the act of using or disposing of another's property as if it were one's own. [Sy v. People, GR 85785. Apr. 24, 1989]. Distrain. To seize the property of an individual and retain it until an obligation is performed. Distraint. The right of a landlord to seize the property of a tenant which is in the premises being rented, as collateral against a tenant that has not paid the rent or has otherwise defaulted on the lease, such as wanton disrepair or destruction of the premises. A legal action to reclaim goods that have been distrained is called Replevin. Distress signal. An internationally recognized signal sent out by a ship or plane indicating that help is needed. Distressed employers. Labor. 1. Employers who may qualify for exemption in granting any newly-enacted labor benefit to their employees as a result of substantial losses that it is incurring in their operations. 2. Those which are currently incurring substantial losses or in the case of non-profit institutions and organizations, where their income, whether from donations, contributions, grants and other earnings from any source, has consistently declined by more than 40% of their normal income for the last 2 years, subject to the provision of Sec. 7 of the Rules And Regulations Implementing PD 851. Distributable income. Net income as adjusted for unrealized gains and losses or expenses and impairment losses and other items in accordance with internationally accepted accounting standards. Distributable income excludes proceeds from the sale of the Real Estate Investment Trust's (REITs) assets that are reinvested in the REIT within 1 year from the date of the sale. [Sec. 3, RA 9856]. Distribute. The delivery or sale of any health product for purposes of distribution in commerce, except that such term does not include the manufacture or retail of such product. [Sec. 9, RA 9711]. Distributed generation. A system of small generation entities supplying directly to the distribution grid, any one of which shall not exceed 100 kilowatts in capacity. [Sec. 4, RA 9513]. Distribution. The delivery or sale of any drug or device for purposes of distribution in commerce, except that such terms does not include a manufacturer or retailer of such product. [Sec. 6, EO 175, May 22, 1987]. Distribution code. A compilation of rules and regulations governing electric utilities in the operation and maintenance of their distribution systems which includes, among others, the standards for service and performance, and de-fines and establishes the relation-ship of the distribution systems with the facilities or
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installations of the parties connected thereto. [Sec. 4, RA 9136]. Distribution of electricity. 1. The conveyance of electric power by a distribution utility through its distribution system pursuant to the provisions of RA 9136. [Sec. 4, RA 9136]. 2. The conveyance of electricity by a Distribution Utility through its distribution system pursuant to the provision of RA 9136. [Sec. 4, RA 9513]. Distribution retail supply rate. The total price paid by end-users consisting of the charges for gene-ration, transmission and related ancillary services, distribution, supply and other related charges for electric service. [Sec. 4, RA 9136]. Distribution retail wheeling charge. The cost or charge regulated by the Energy Regulatory Commission (ERC) for the use of a distribution system and/or the availment of related services. [Sec. 4, RA 9136]. Distribution system. The system of wires and associated facilities belonging to a franchised distribution utility extending bet. the delivery points on the transmission or subtransmission system or generator connection and the point of connection to the premises of the end-user. [Sec. 4, RA 9136]. Distribution utility (DU). 1. Any electric cooperative, private corporation, government-owned utility or existing LGU which has an exclusive franchise to operate a distribution system in accordance with RA 9136. [Sec. 4, RA 9136; Sec. 4, RA 9513]. 2. Any electric cooperative, private corporation, government-owned utility or existing LGU which has an exclusive franchise to operate a distribution system in accordance with its franchise and RA 9136; [Sec. 4, RA 9513]. Distributor. Any person to whom a consumer product is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer of such product. [Art. 4, RA 7394]. Distributor or Importer or Exporter. Any establishment that imports or exports raw materials, active ingredients and/or finished products for its own use or for wholesale distribution to other establishments or outlets. If the distributor or importer or exporter sells to the general public, it shall be considered a retailer. [Sec. 9, RA 9711]. Distributor or Wholesaler. Any establishment that procures raw materials, active ingredients and/or finished products from local establishments for local distribution on wholesale basis. [Sec. 9, RA 9711]. Disturbance compensation. 1. Payment of just indemnity for the disturbance of proprietary rights as a result of expropriation. 2. The amount of compensation to which an agricultural lessee is entitled when being lawfully ejected from his landholding. [Sec. 36, RA 3844]. Disturbance of proceedings. Crim. Law. The felony committed by any person who disturbs the meetings of the Natl. Assembly [Congress of the Phils.] or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of any such bodies should behave in such manner
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as to interrupt its proceedings or to impair the respect due it. [Art. 144, RPC, as reinstated by EO 187]. Diversion. An alternative child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of the child's social, cultural, economic psychological or educational background without resorting to formal court adjudication. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Diversion programs. Programs the child in conflict the law is required to undergo in lieu of formal court proceedings. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Divestment. The transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined in RA 6713. [Sec. 3, RA 6713]. Dividend. 1. Any distribution made by a corporation to its shareholders out of its earnings or profits and payable to its shareholders, whether in money or in other property. [Sec. 73, NIRC, as amended]. 2. That part or portion of the profits of the enterprise which the corporation, by its governing agents, sets apart for ratable division among the holders of the capital stock. It means the fund actually set aside, and declared by the directors of the corporation as a dividend, and duly ordered by the directory, or by the stock-holders at a corporate meeting to be divided or distributed among the stockholders acc. to their respective interests. [Nielson v. Lepanto, GR L-21601. Dec. 28, 1968]. 3. A proportionate distribution of profits made in the form of a money payment to shareholders, by a for-profit corporation. Dividends are declared by a company's board of directors. Dividends in insolvency. The amounts paid, upon order of the court, to the creditors of an insolvent out of the capital or assets of the insolvents estate for the purpose of liquidating or discharging a debt. [Sec. 45, Act 1956, Insolvency Law]. Divination. The pretended art of foreseeing future events by supernatural or magical agency. Divine law. (a) Divine positive law, i.e., 10 Commandments; (b) Divine human positive law, i.e., commandments of the church. [Suarez, Stat. Con., (1993), p. 37-38]. Divisible contract, General rule on. As a general rule, a contract to do several things at several times is divisible in its nature, so as to authorize successive actions; and a judgment recovered for a single breach of a continuing contract or covenant is no bar to a suit for a subsequent breach thereof. [Blossom & Co. v. Manila Gas, GR 32958. Nov. 8, 1930]. Divisible obligation. An obligation the object of which, in its delivery or performance, is capable of partial performance. [Diaz, Bus. Law Rev., 1991 Ed., p. 29]. Compare with Indivisible obligation. Divorce. The legal dissolution of a marriage by a court or other competent body.
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Divorce (talaq). The formal dissolution of the marriage bond in accordance with the Code of Muslim Personal Laws of the Philip-pines to be granted only after exhaustion of all possible means of reconciliation bet. the spouses. [Art. 45, PD 1086]. DMZ. See Demilitarized zone. DNA. Abbrev. for Deoxyribonucleic Acid. A chromosome molecule which carries genetic coding unique to each person with the only exception of identical twins (that is why it is also called DNA fingerprinting). Through laboratory process, DNA can be extracted from body tissue such a strand of hair, semen, blood and matched against DNA discovered at a crime scene or on a victim to scientifically implicate an accused. It can also be used to match DNA bet. parents in a paternity suit. Do ut des. Lat. I give that you give. [Torres, Oblig. & Cont., 2000 Ed., p. 169]. Do ut facias. Lat. I give that you make [or do]. [Torres, Oblig. & Cont., 2000 Ed., p. 169]. Dock. Locks, cuts, entrances, graving docks, inclined planes, slipways, quays, and other works and things appertaining to any dock. [Sec. 3, PD 857]. Docket. 1. An official court record book which lists all the cases before the court and which may also note the status or action required for each case. 2. An abstract or listing of all pleadings filed in a case; the book containing such entries; trial docket is a list of or calendar of cases to be tried in a certain term. Docket control. A system for keeping track of deadlines and court dates for both litigation and non-litigation matters. Doctor of Jurisprudence. See Juris Doctor (J.D.). Doctrine. 1. That which is taught; what is held, put forth as true, and supported by a teacher, a school, or a sect; a principle or position, or the body of principles, in any branch of knowledge; tenet; dogma; principle of faith. It is a synonym of principle, position, opinion, article, maxim, rule, and axiom. [Mabanag v. Vito, 78 Phil. 1, Mar. 5, 1947]. 2. A rule or principle or the law established through the repeated application of legal precedents. Doctrine of absolute privilege. Doctrine that protects persons from claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor of the assembly or communications made in the context of judicial proceedings, as part of a trial. Doctrine of absorption of common crimes. 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.
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Doctrine of actio personalis moritur cum persona. Lat. The doctrine that personal action terminates or dies with the person. [Santos v. Sec. of Labor, L21624, 27 Feb. 1968]. Doctrine of 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 Doctrine of continuity of jurisdiction. Doctrine of adherence to judicial precedents. Also called the Doctrine of 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]. Doctrine of agency by estoppel. Also known as the Doctrine of holding out. 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. Doctrine of alter ego. 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]. Doctrine of apparent authority. [T]he doctrine [under which the] acts and contracts of the agent, as 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, bind the principal. The principals liability, however, is limited only to 3rd persons who have been led reasonably to believe by the conduct of the principal that such actual authority exists, although none was given. In other words, apparent authority is determined only by the acts of the principal and not by the acts of the agent. [Banate v. Phil. Countryside Rural Bank, Inc., GR 163825, July 13, 2010]. Also called the Holding out theory; or Doctrine of ostensible agency or Agency by estoppel. See Apparent authority doctrine. Doctrine of assumption of risk. The precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing therefrom.
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Also called Doctrine of volenti non fit injuria. Doctrine of attractive nuisance. A legal doctrine that makes a person negligent for leaving a piece of equipment or other condition on property which would be both attractive and dangerous to curious children. These have included tractors, unguarded swimming pools, open pits, and abandoned refrigerators. Liability could be placed on the people owning or controlling the premises even when the child was a trespasser who sneaked on the property. See Attractive nuisance doctrine. Doctrine of bar by prior judgment. 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]. Doctrine of caveat emptor. Also called the Doctrine of let the buyer beware. A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects. The principle under which the buyer could not recover damages from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud. Doctrine of collateral estoppel. 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 Doctrine of preclusion of issues. Doctrine of command responsibility. 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]. Doctrine of comparative injury. 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. Doctrine of comparative negligence, The doctrine that allows a recovery by a plaintiff whose own act contributed to his injury, provided his negligence was slight as compared with that of the defendant. [Rakes v. The Atlantic, Gulf and Pacific, Co., GR 1719, Jan. 23, 1907]. Doctrine of compassionate justice. 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. Doctrine of completeness. The doctrine holding that a dying declaration to be
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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]. Doctrine of conclusiveness of judgment. 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]. Doctrine of condonation. Admin. Law. The doctrine that a public official cannot be removed for administrative misconduct committed during a prior term, since his re-election to office operates as a condonation of the officers previous misconduct to the extent of cutting off the right to remove him therefor. The foregoing rule, however, finds no application to criminal cases pending against petitioner. [Aguinaldo v. Santos, 212 SCRA 768, 773 (1992)]. Also called Doctrine of forgiveness. Doctrine of constitutional supremacy. 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, 335 Phil. 101 (1997]. Doctrine of constructive compliance. Succ. The doctrine that states that if, without the fault of the heir, the modal institution cannot take effect in the exact manner stated by the testator, it shall be complied with in a manner most analogous to and in conformity with his wishes. [Art. 883, CC]. Doctrine of constructive trust. 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]. Doctrine of 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
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that jurisdiction. See Doctrine of adherence of jurisdiction. Doctrine of corporate negligence. [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]. Doctrine of corporate responsibility. [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]. Doctrine of deference and nondisturbance on appeal. 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]. Doctrine of dependent relative revocation. Succ. The doctrine that states that a revocation subject to a condition does not revoke a will unless and until the condition occurs. Thus, where a testator "revokes" a will with the proven intention that he would execute another will, his failure to validly make a latter will would permit the allowance of the earlier will. Doctrine of discovered peril. The doctrine [holding] that where both parties are negligent, but the negligent act of one is appreciably later in time than that of the other, or when it is impossible to determine whose fault or negligence should be attributed to the incident, the one who had the last clear opportunity to avoid the impending harm and failed to do so is chargeable with the consequences thereof. [See Picart v. Smith, 37 Phil. 809]. See Last clear chance doctrine. Doctrine of disregarding the distinct personality of the corporation. The doctrine stating that when "the notion of legal entity is used to defeat public convenience, justify wrong, protect fraud, or defend crime, x x x the law will regard the corporation as an association of persons, or in the case of 2 corporations, merge them into one, the one being merely regarded as part or instrumentality of the other. [Yutivo & Sons Hardware Co. v. CTA, 1 SCRA 160]. The same is true where a corporation is a dummy and serves no business purpose and is intended only as a blind, or an alter ego or business conduit for the sole benefit of the stockholders. [McConnel v. CA, 1 SCRA 722]. Doctrine of effective occupation. A doctrine in international law which holds that in order for a nation to occupy a coastal
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possession, it also had to prove that it controlled sufficient authority there to protect existing rights such as freedom of trade and transit. See Effective occupation doctrine. Doctrine of election of remedies. A doctrine developed to prevent a plaintiff from a double recovery for a loss, making the person pursue only one remedy in an action. Although its application is not restricted to any particular cause of action, it is most commonly employed in contract cases involving fraud, which is a misrepresentation of a material fact that is intended to deceive a person who relies on it. Doctrine of equitable recoupment. It provides that a claim for refund barred by prescription may be allowed to offset unsettled tax liabilities should be pertinent only to taxes arising from the same transaction on which an overpayment is made and underpayment is due. Doctrine of equivalents. The rule stating that an infringement also takes place when a device appropriates a prior invention by incorporating its innovative concept and, although with some modification and change, performs substantially the same function in substantially the same way to achieve substantially the same result. [Smith Kline and Beckman Corp. v. CA, 409 SCRA 33]. Doctrine of equivalents test. A test established to determine infringement which recognizes that minor modifications in a patented invention are sufficient to put the item beyond the scope of literal infringement. Thus, an infringement also occurs when a device appropriates a prior invention by incorporating its innovative concept and, albeit with some modification and change, performs substantially the same function in substantially the same way to achieve substantially the same result. [Godinez v. CA, GR 97343. Sep. 13, 1993]. Compare with Literal infringement test. Doctrine of estoppel. Rem. Law. [A doctrine] based on grounds of public policy, fair dealing, good faith and justice, [the] purpose [of which] is to forbid one to speak against his own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon. [PNB v. CA, 94 SCRA 357]. Doctrine of estoppel by laches. Rem. Law. An equitable doctrine by which some courts deny relief to a claimant who has unreasonably delayed or been negligent in asserting a claim. A person invoking laches should assert that an opposing party has slept on his/her rights and that the party is no longer entitled to his/her original claim. Doctrine of executive privilege. The doctrine stating that the x x x Pres. and those who assist him must be free to explore alternatives in the process of shaping policies and making decisions and to do so in a way many would be unwilling to express except privately. These are the considerations justifying a presumptive privilege for Presidential communications. The privilege is fundamental to the operation of government and inextricably rooted in the separation of powers under the Constitution x x x " [Almonte v. Vasquez, 314 Phil. 150 (1995)]. Doctrine of exhaustion of administrative remedies. The general rule that before a party may seek the intervention of
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the court, he should first avail of all the means afforded him by administrative processes. The issues which administrative agencies are authorized to decide should not be summarily taken from them and submitted to a court without first giving such administrative agency the opportunity to dispose of the same after due deliberation. [Rep. v. Lacap, GR 158253, Mar. 2, 2007, 517 SCRA 255]. Doctrine of fair comment. A doctrine in the law of libel, which means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is directed against a public person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts. [Borjal v. CA, 361 Phil. 1999]. Doctrine of finality of judgment. Rem. Law. The doctrine that once a judgment attains finality it thereby becomes immutable and unalterable. It may no longer be modified in any respect, even if the modification is meant to correct what is perceived to be an erroneous conclusion of fact or law, and regardless of whether the modification is attempted to be made by the court rendering it or by the highest court of the land. Just as the losing party has the right to file an appeal within the prescribed period, the winning party also has the correlative right to enjoy the finality of the resolution of his case. The doctrine of finality of judgment is grounded on fundamental considerations of public policy and sound practice, and that, at the risk of occasional errors, the judgments or orders of courts must become final at some definite time fixed by law; otherwise, there would be no end to litigations, thus setting to naught the main role of courts of justice which is to assist in the enforcement of the rule of law and the maintenance of peace and order by settling justiciable controversies with finality. [Gallardo-Corro v. Gallardo, 403 Phil. 498 (2001)]. Doctrine of forgiveness. See Doctrine of condonation. Doctrine of forum non-conveniens. Lat. The forum is inconvenient. Priv. Intl. Law. [A rule designed] to deter the practice of global forum shopping, [Coquia and Aguiling-Pangalangan, Conflicts Of Laws, pp. 40-41, 2000 Ed.] that is to prevent non-resident litigants from choosing the forum or place wherein to bring their suit for malicious reasons, such as to secure procedural advantages, to annoy and harass the defendant, to avoid overcrowded dockets, or to select a more friendly venue. Under this doctrine, a court, in conflicts of law cases, may refuse impositions on its jurisdiction where it is not the most convenient or available forum and the parties are not precluded from seeking remedies elsewhere. [First Phil. Intl. Bank v. CA, 252 SCRA 259, 281 (1996).]. Doctrine of governmental immunity from suit. The doctrine that no governmental body can be sued unless it gives permission.
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Doctrine of hierarchy of courts. Rem. Law. An established policy that parties must observe the hierarchy of courts before they can seek relief directly from th[e Sup.] Court. Therationale for this rule is twofold: (a) it would be an imposition upon the limited time of th[e Sup.] Court; and (b) it would inevitably result in a delay, intended or otherwise, in the adjudication of cases, which in some instances, had to be remanded or referred to the lower court as the proper forum under the rules of procedure, or as better equipped to resolve the issues because th[e Sup.] Court is not a trier of facts. [Heirs of Hinog v. Melicor, GR 140954, 12 Apr. 2005, 455 SCRA 460]. Doctrine of holding out. Also known as the Doctrine of agency by estoppel. 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. Doctrine of hold-over. The doctrine under which a public officer whose term has expired or services have been terminated is allowed to continue holding his office until his successor is appointed or chosen and had qualified. Doctrine of immunity from suit. 1. The doctrine the application of which has been restricted to sovereign or governmental activities [jure imperii]. The mantle of state immunity cannot be extended to commercial, private and proprietary acts [jure gestionis]. [Jusmag v. NLRC, GR 108813. Dec. 15, 1994]. 2. The restrictive application of State immunity is proper when the proceedings arise out of commercial transactions of the foreign sovereign, its commercial activities or economic affairs. Stated differently, a State may be said to have descended to the level of an individual and thus can be deemed to have tacitly given its consent to be used only when it enters into business contracts. It does not apply where the contract relates to the exercise of its sovereign functions. [US v. Ruiz, GR L-35645, May 22, 1985, 136 SCRA 487, 490]. Doctrine of immutability and inalterability of a final judgment. The doctrine that has a two-fold purpose: (1) to avoid delay in the administration of justice and thus, procedurally, to make orderly the discharge of judicial business and (2) to put an end to judicial controversies, at the risk of occasional errors, which is precisely why courts exist. [SSS v. Isip, GR 165417, Apr. 3, 2007]. Doctrine of immutability and inalterability of a final judgment. Exceptions: (1) the correction of clerical errors; (2) the so-called nunc pro tunc entries that cause no prejudice to any party; (3) void judgments; and (4) whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable. [Temic Semiconductors, Inc. Employees Union (TSIEU)FFW v. Federation of Free Workers (FFW), GR 160993, May 20, 2008, 554 SCRA 122, 134]. Doctrine of immutability of judgment. A fundamental legal principle that a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the highest court of the land. The only exceptions to the general rule on finality of judgments are the so-
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called nunc pro tunc entries which cause no prejudice to any party, void judgments, and whenever circumstances transpire after the finality of the decision which render its execution unjust and inequitable. [Sacdalan v. CA, GR 128967, May 20, 2004, 428 SCRA 586, 599]. Doctrine of implications. Stat. Con. That which is plainly implied in the language of a statute is as much a part of it as that which is expressed. [In Re: McCulloch Dick, 35 Phil. 41, 45, 50]. Doctrine of implied municipal liability. A municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract. [Province of Cebu v. IAC, 147 SCRA 447]. Doctrine of implied trust. The doctrine enunciated in Art. 1456 of the Civ. Code [which provides that] if property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes. [Armamento v. Guerrero, GR L-34228 Feb. 21, 1980]. Doctrine of in pari delicto. Legal principle that if 2 parties in a dispute are equally at fault, then the party in possession of the contested property gets to retain it and the courts will not interfere with the status quo. It implies that if a party whose action or failure to act precipitates breach of a contract, or who fails to take appropriate action or takes inappropriate action to limit or recoup a loss, such party may not claim nor be awarded damages. Doctrine of inappropriate provision. [It deals with] item provisions [in a budget bill] that are to be treated as items for the Presidents veto power. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 133]. Doctrine of incompatibility of public offices. Pol. Law. It concerns a potential clash of 2 incompatible public offices held by a single official. In other words, the doctrine concerns a conflict bet. an individuals performance of potentially overlapping public duties. Doctrine of incorporation. Intl. Law. The doctrine that states that the rules of Intl. Law form part of the law of the land and no legislative action is required to make them applicable to a country. The Phils. follows this doctrine, because Sec. 2. Art. II of the Consti. states that the Phils. adopts the generally accepted principles of international law as part of the law of the land. Doctrine of indefeasibility of torrens titles. A certificate of title, once registered, should not thereafter be impugned, altered, changed, modified, enlarged or diminished except in a direct proceeding permitted by law. [De Pedro v. Romasan, GR 158002, Feb. 28, 2005]. Doctrine of indelible allegiance. The doctrine that an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the 2nd state whose nationality he has acquired. Doctrine of informed consent. A duty imposed on a doctor to explain the risks of recommended procedures to a pa-
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tient before a patient determines whether or not he or she should go forward with the procedure. See Informed consent doctrine. Doctrine of interlocking confessions. Evid. The doctrine under which extrajudicial confessions independently made without collusion which are identical with each other in their essential details and are corroborated by other evidence on record are admissible, as circumstantial evidence, against the person implicated to show the probability of the latter's actual participation in the commission of the crime. [People v. Molleda, 86 SCRA 667, 701 (1978)]. Doctrine of inverse condemnation. [It involves] [t]he action to recover just compensation from the State or its expropriating agency. It has the objective to recover the value of property taken in fact by the governmental defendant, even though no formal exercise of the power of eminent domain has been attempted by the taking agency. [Napocor v. Heirs of Sangkay, GR 165828, Aug. 24, 2011]. Doctrine of judicial admissions. The well-settled doctrine that judicial admissions cannot be contradicted by the admitter who is the party himself and binds the person who makes the same, and absent any showing that this was made thru palpable mistake, no amount of rationalization can offset it. [Binarao v. Plus Builders, Inc., GR 154430, June 16, 2006, 491 SCRA 49, 54]. Doctrine of judicial stability. The doctrine that no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction. [Cabili v. Balindong, AM RTJ-10-2225, Sept. 6, 2011]. Doctrine of judicial stability. An elementary principle in the administration of justice [where] no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction. [Go v. Villanueva, Jr., GR 154623, Mar. 13, 2009, 581 SCRA 126, 131-132]. See Doctrine of non-interference. Doctrine of judicial supremacy. 1. The doctrine recognizing that the judiciary is vested with the power to annul the acts of either the legislative or the executive or of both when not conformable to the fundamental law. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. 2. The power of judicial review under the Constitution. [Angara v. Electoral Commission, 63 Phil. 139]. Doctrine of jus sanguinis. Lat. Right of blood. A principle of nationality law by which citizenship is not determined by place of birth but by having instead one or both parents who are citizens of the state or more generally by having state citizenship or membership to a nation determined or conferred by ethnic, cultural or other descent or origin. Doctrine of jus soli. Lat. Right of the soil. The doctrine recognizing the right of anyone born in the territory of a state to nationality or citizenship. Doctrine of laches. Also Doctrine of stale demands. 1. [A doctrine] based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and x x x is
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principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. [Tijam v. Sibonghanoy, 23 SCRA 29 (1968)]. 2. The time-honored rule anchored on public policy that relief will be denied to a litigant whose claim or demand has become stale, or who has acquiesced for an unreasonable length of time, or who has not been vigilant or who has slept on his rights either by negligence, folly or inattention. [Arradaza v. CA, 170 SCRA 12, 20 (1989)]. Doctrine of lack of capacity to sue. The doctrine of lack of capacity to sue based on failure to first acquire a local license is based on considerations of public policy. It was never intended to favor nor insulate from suit unscrupulous establishments or nationals in case of breach of valid obligations or violations of legal rights of unsuspecting foreign firms or entities simply because they are not licensed to do business in the country. [Facilities Mngt. Corp. v. De la Osa, GR L-38649, Mar. 26, 1979, 89 SCRA 131]. Doctrine of last clear chance. Also known as the Doctrine of discovered peril or the Humanitarian doctrine. A doctrine in the law of torts which states that the contributory negligence of the party injured will not defeat the claim for damages if it is shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party. In such cases, the person who had the last clear chance to avoid the mishap is considered in law solely responsible for the consequences thereof. [Ong v. Metropolitan Water District, 104 Phil. 405 (1958)]. See Last clear chance doctrine. Doctrine of legal entity of the separate personality of the corporation. The doctrine that a corporation may not be made to answer for acts and liabilities of its stockholders or those of legal entities to which it may be connected or vice versa. [Panay, Inc. v. Clave, GR L56076, Sept. 21, 1983, 124 SCRA 638]. Doctrine of let the buyer beware. Also called the Doctrine of caveat emptor. A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects. The principle under which the buyer could not recover damages from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception was if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud. Doctrine of liberal construction of retirement laws. Stat. Con. The doctrine that retirement laws are liberally construed and administered in favor of the persons intended to be benefited. All doubts as to the intent of the law should be resolved in favor of the retiree to achieve its humanitarian purposes. [Borromeo v. CSC, 199 SCRA 924 (1991)]. Doctrine of limited liability. The ship agent shall also be civilly liable for the indemnities in favor of 3rd persons which may arise from the conduct of the captain in the care of the goods which he loaded on the vessel; but he may exempt himself therefrom by abandoning the vessel with all the equipments and the freight it may have earned during the voyage. [Art. 587, Code of Commerce; Yangco v. Lasema, 73 Phil. 330 (1941)]. See Limited liability doctrine.
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Doctrine of lis pendens. Lat. A pending suit. The jurisdiction, power or control which a court acquires over the property involved in a suit pending the continuance of the action and until final judgment thereunder. Doctrine of loss of confidence. Requisites: (1) Loss of confidence should not be simulated; (2) it should not be used as a subterfuge for causes which are improper, illegal, or unjustified; (3) it may not be arbitrarily asserted in the face of overwhelming evidence to the contrary; (4) it must be genuine, not a mere afterthought to justify an earlier action taken in bad faith; and (5) the employee involved holds a position of trust and confidence. [Midas Touch Food Corp. v. NLRC, GR 111639, July 29, 1996, 259 SCRA 652]. See Loss of confidence doctrine. Doctrine of malicious prosecution. The doctrine that pertains to persecution through the misuse or abuse of judicial processes; or the institution and pursuit of legal proceedings for the purpose of harassing, annoying, vexing or injuring an innocent person. [Villanueva v. UCPB, GR 138291, Mar. 7, 2000]. Doctrine of management prerogative. The doctrine under which every employer has the inherent right to regulate, acc. to his own discretion and judgment, all aspects of employment, incl. hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees. [Rural Bank of Cantilan, Inc. vs Julve, 517 SCRA 17]. Doctrine of mortgagee in good faith. The rule that all persons dealing with property covered by a Torrens Certificate of Title, as buyers or mortgagees, are not required to go beyond what appears on the face of the title. The public interest in upholding the indefeasibility of a certificate of title, as evidence of the lawful ownership of the land or of any encumbrance thereon, protects a buyer or mortgagee who, in good faith, relied upon what appears on the face of the certificate of title. [Cavite Devt. Bank v. Sps. Lim, GR 131679, 1 Feb. 2000]. Doctrine of mutuality of remedy. A civil law doctrine founded on the idea that one party should not obtain from equity that which the other party could not obtain. Doctrine of necessary implication. Stat. Con. The doctrine that states that what is implied in a statute is as much a part thereof as that which is expressed. [Natl. Assoc. of Trade Unions (NATU) v. Torres, GR 93468. Dec. 29, 1994]. Doctrine of non-delegation. Consti. Law. [The principle that] delegated powe0r constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. Doctrine of non-delegation. Consti. Law. Exceptions to this principle: (1) Delegation of tariff powers to the Pres. under Sec. 28 (2) of Art. VI of the Consti.; (2) Delegation of emergency powers to the Pres. under Sec. 23(2) of Art. VI of the Consti.; (3) Delegation to the people at large; (4) Delegation to local governments; and (5) Delegation to administrative bodies. [Abakada Guro Party List v.
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Ermita, GR 168056, Sept. 1, 2005, 469 SCRA 1, 115-116]. Doctrine of non-interference. Rem. Law. An elementary principle of higher importance in the administration of justice that the judgment of a court of competent jurisdiction may not be opened, modified, or vacated by any court of concurrent jurisdiction. [Rep. v. Reyes, 155 SCRA 313 (1987)]. Also Doctrine of judicial stability. Doctrine of non-suability. The basic postulate enshrined in the constitution that (t)he State may not be sued without its consent, [which] reflects nothing less than a recognition of the sovereign character of the State and an express affirmation of the unwritten rule effectively insulating it from the jurisdiction of courts. It is based on the very essence of sovereignty. [DA v. NLRC, GR 104269, Nov. 11, 1993, 227 SCRA 693]. Doctrine of operative fact. The doctrine that nullifies the effects of an unconstitutional law by recognizing that the existence of a statute prior to a determination of unconstitutionality is an operative fact and may have consequences which cannot always be ignored. The past cannot always be erased by a new judicial declaration. [It] is applicable when a declaration of unconstitutionality will impose an undue burden on those who have relied on the invalid law. [Planters Products, Inc. v. Fertiphil Corp., GR 166006, 14 Mar. 2008]. See also Operative fact doctrine. Doctrine of ostensible agency. The doctrine that imposes liability, not as the result of the reality of a contractual relationship, but rather because of the actions of a principal or an employer in somehow misleading the public into believing that the relationship or the authority exists. [Professional Services, Inc. v. Agana, GR 126297, 126467 and 127590, Jan. 31, 2007, 513 SCRA 478, 500-501]. See Doctrine of ostensible authority. Doctrine of ostensible authority. Also known as Doctrine of apparent authority. The doctrine holding that if a corporation knowingly permits one of its officers, or any other agent, to do acts within the scope of an apparent authority, and thus holds him out to the public as possessing power to do those acts, the corporation will, as against any one who has in good faith dealt with the corporation through such agent, be estopped from denying his authority [Prudential Bank v. CA, GR 103957, June 14, 1993]. Doctrine of outside appearance. The doctrine that states that a corporation is bound by a contract entered into by an officer who acts without, or in excess of his actual authority, in favor of a person who deals with him in good faith relying on such apparent authority. Doctrine of overbreadth. Consti. Law. [A]n exception to the prohibition against third-party standing, [the doctrine permitting] a person to challenge a statute on the ground that it violates the [free speech] rights of 3rd parties not before the court, even though the law is constitutional as applied to that defendant. In other words, the overbreadth doctrine provides that: "Given a case or controversy, a litigant whose own activities are unprotected may nevertheless challenge a statute by showing that it substantially abridges the [free speech] rights of other parties not before the court." [Chemer-
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insky, Consti. Law, p. 86, 2nd Ed. (2002)]. Compare with Doctrine of void for vagueness. Doctrine of parens patriae (father of his country). The doctrine [referring] to the inherent power and authority of the state to provide protection of the person and property of a person non sui juries. Under that doctrine, the state has the sovereign power of guardianship over persons under disability. Thus, the state is considered the parens patriae of minors. [Govt. of the P. I. v. Monte de Piedad, 35 Phil. 728]. Doctrine of pari delicto. The doctrine under which no recovery can be made in favor of the plaintiffs for being themselves guilty of violating the law. [Ponce v. CA, GR L-49494 May 31, 1979]. Doctrine of part performance. An equitable principle that allows a court to recognize and enforce an oral contract despite its legal deficiencies and provides a way around the statutory bar to the enforcement of an oral contract. By applying the doctrine, a party can establish the existence of a contract despite the lack of any written evidence. Generally, without written evidence, a contract does not satisfy the formal requirements set by the legislature under the statute of frauds. The doctrine is an exception to this as it allows failure to comply with the statute of frauds to be overcome by a party's execution, in reliance on an opposing party's oral promise, of an oral contract's requirements. Doctrine of piercing the veil of corporate entity. The doctrine used whenever a court finds that the corporate fiction is being used to defeat public convenience, justify wrong, protect fraud, or defend crime, or to confuse legitimate issues, or that a corporation is the mere alter ego or business conduit of a person or where the corporation is so organized and controlled and its affairs are so conducted as to make it merely an instrumentality, agency, conduit or adjunct of another corporation. [Indophil Textile Mill Workers Union v. Calica, 205 SCRA 697 (1992)]. Doctrine of political question. [The] wellsettled doctrine that political questions are not within the province of the judiciary, except to the extent that power to deal with such questions has been conferred upon the courts by express constitutional or statutory provisions. [Taada v. Cuenco, GR L-10520, Feb. 28, 1957]. Doctrine of preclusion of issues. The doctrine un which issues actually and directly resolved in a former suit cannot again be raised in any future case bet. the same parties involving a different cause of action. [Borlongan v. Buenaventura, GR 167234, Feb. 27, 2006]. Also called Doctrine of collateral estoppel. Doctrine of prejudicial question. The doctrine [that] comes into play generally in a situation where civil and criminal actions are pending and the issues involved in both cases are similar or so closely related that an issue must be pre-emptively resolved in the civil case before the criminal action can proceed. Thus, the existence of a prejudicial question in a civil case is alleged in the criminal case to cause the suspension of the latter pending final determination of the former. [Quiambao v. Osorio, GR L-48157 Mar. 16, 1988].
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Doctrine of presumed-identity approach. Also called Doctrine of processual presumption. Where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours. [EDIStaffbuilders Intl., v. NLRC, GR 145587, Oct. 26, 2007, 537 SCRA 409, 430]. Doctrine of presumption of regularity in the performance of official duty. The doctrine holding that every public official, absent any showing of bad faith and malice, is entitled to the presumption regularity in the performance of official duties. Doctrine of primary jurisdiction. Rem. Law. The doctrine that holds that if the case is such that its determination requires the expertise, specialized skills and knowledge of the proper administrative bodies because technical matters or intricate questions of facts are involved, then relief must first be obtained in an administrative proceeding before a remedy will be supplied by the courts even though the matter is within the proper jurisdiction of a court. [Industrial Enterprises, Inc. v. CA, GR 88550. Apr. 18, 1990]. Doctrine of prior restraint. The doctrine concerning official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. [Bernas, The 1987 Consti. of the Rep. of the Phils., A Commentary, 2003 ed., p. 225]. Doctrine of prior use. The principle that prior use of a trademark by a person, even in the absence of a prior registration, will convert a claim of legal appropriation by subsequent users. Doctrine of privileged communication. 1. The doctrine that utterances made in the course of judicial proceedings, incl. all kinds of pleadings, petitions and motions, belong to the class of communications that are absolutely privileged. [US v. Salera, 32 Phil. 365]. 2. The doctrine that statements made in the course of judicial proceedings are absolutely privileged - that is, privileged regardless of defamatory tenor and of the presence of malice - if the same are relevant, pertinent, or material to the cause in hand or subject of inquiry. [Tolentino v. Baylosis, 1 SCRA 396]. Doctrine of privity of contract. Doctrine that provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. The basic premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. Doctrine of pro reo. Rem. Law. The doctrine that where the evidence on an issue of fact is in question or there is doubt on which side the evidence weighs, the doubt should be resolved in favor of the accused. [People v. Abarquez, GR 150762, 20 Jan. 2006, 479 SCRA 225, 239]. See Pro reo doctrine. Doctrine of processual presumption. The doctrine holding that if the foreign law involved is not properly pleaded and proved, our courts will presume that the foreign law is the same as our local or domestic or internal law. [Lim v. Collector, 36 Phil. 472]. Doctrine of promissory estoppel. The doctrine under which an estoppel may arise from the making of a promise,
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even though without consideration, if it was intended that the promise should be relied upon and in fact it was relied upon, and if a refusal to enforce it would be virtually to sanction the perpetration of fraud or would result in other injustice. In this respect, the reliance by the promisee is generally evidenced by action or forbearance on his part, and the Idea has been expressed that such action or forbearance would reasonably have been expected by the promisor. Mere omission by the promisee to do whatever the promisor promised to do has been held insufficient 'forbearance' to give rise to a promissory estoppel.' [Ramos v. Central Bank of the Phils., GR L-29352, Oct. 4, 1971; 41 SCRA 565 at p. 588]. Doctrine of proper submission. Consti. Law. 1. All the proposed amendments to the Consti. shall be presented to the people for the ratification or rejection at the same time, not piecemeal. 2. Plebiscite may be held on the same day as regular election provided the people are sufficiently informed of the amendments to be voted upon, to conscientiously deliberate thereon, to express their will in a genuine manner. Submission of piecemeal amendments is constitutional. All the amendments must be submitted for ratification at one plebiscite only. The people have to be given a proper frame of reference in arriving at their decision. They have no idea yet of what the rest of the amended constitution would be. [Tolentino v. Comelec, 41 SCRA 702]. Doctrine of protection against compulsory disclosures. The doctrine that no person could be compelled to testify against himself or to answer any question which would have had a tendency to expose his property to a forfeiture or to form a link in a chain of evidence for that purpose, as well as to incriminate him. [Cabal v. Kapunan, Jr., GR L19052, Dec. 29, 1962]. Doctrine of proximate cause. The doctrine stating that proximate legal cause is that acting first and producing the injury, either immediately or by settling other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately affecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom. [Vda. de Bataclan v. Medina, GR L-10126, Oct. 22, 1957]. Doctrine of public policy. The doctrine under which, as applied to the law of contracts, courts of justice will not recognize or uphold a transaction when its object, operation, or tendency is calculated to be prejudicial to the public welfare, to sound morality or to civic honesty. [Cui v. Arellano University, GR L15127, 30 May 1961, 2 SCRA 205, 209]. Doctrine of purposeful hesitation. The doctrine that charges every court, incl. ths Sup. Court, with the duty of a purposeful hesitation before declaring a law unconstitutional, on the theory that the measure was first carefully studied by the executive and legislative departments and determined by them to be in accordance with the fundamental law
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before it was finally approved. [Drilon v. Lim, 235 SCRA 135 (1994)]. Doctrine of qualification. 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]. See Characterization. Doctrine of qualified political agency. Pol. Law. The doctrine that holds that, as the Pres. cannot be expected to exercise his control powers all at the same time and in person, he will have to delegate some of them to his Cabinet members, who in turn and by his authority, control the bureaus and other offices under their respective jurisdictions in the executive department. [Carpio v. Exec. Sec., GR 96409. Feb. 14, 1992]. Doctrine of quantum meruit. Lat. As much as one deserves. The doctrine that prevents undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it. [See Soler v. CA, 410 Phil. 264, 273 (2001)]. Doctrine of qui facit per alium. See Doctrine of respondeat superior. Doctrine of ratification in agency. The doctrine pertaining to the adoption or confirmation by one person of an act performed on his behalf by another without authority. The substance of the doctrine is confirmation after conduct, amounting to a substitute for a prior authority. [Manila Memorial Park Cemetery, Inc. v. Linsangan, GR 151319, Nov. 22, 2004, 443 SCRA 394-395]. Doctrine of rational equivalence. [The] reasonable necessity of the means employed [to repel the unlawful aggression] does not imply material commensurability bet. the means of attack and defense [but] [w]hat the law requires is rational equivalence, in the consideration of which will enter the principal factors of the emergency, the imminent danger to which the person attacked is exposed, and the instinct, more than the reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury. [People v. Gutual, 324 Phil. 244, 259-260 (1996)]. Doctrine of relations back. That principle of law by which an act done at one time is considered by a fiction of law to have been done at some antecedent period. It is a doctrine that, although of equitable origin, has a well recognized application to proceedings at law; a legal fiction invented to promote the ends of justice or to prevent injustice end the occurrence of injuries where otherwise there would be no remedy. The doctrine, when invoked, must have connection with actual fact, must be based on some antecedent lawful rights. It has also been referred to as "the doctrine of relation back." [Allied Banking Corp. v. CA, GR 85868. Oct. 13, 1989]. Also called Doctrine of relation back. Doctrine of renvoi. Fr. Refer back. The process by which a court adopts the rules of a foreign jurisdiction with respect to any conflict of laws that arises. In some instances, the rules of the foreign state might refer the court back to the law of the forum where the case is being heard.
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Doctrine of res gestae. Lat. Things done. Doctrine that is a recognized exception to the rule against hearsay evidence based on the belief that, because certain statements are made naturally, spontaneously, and without deliberation during the course of an event, they leave little room for misunderstanding or misinterpretation upon hearing by someone else, i.e., by the witness, who will later repeat the statement to the court, and thus the courts believe that such statements carry a high degree of credibility. Doctrine of res ipsa loquitur. Lat. The thing itself speaks. A doctrine of law that one is presumed to be negligent if he had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened. Doctrine of res judicata. The doctrine [that] has 2 aspects. The 1st is the effect of a judgment as a bar to the prosecution of a 2nd action upon the same claim, demand or cause of action. The 2nd aspect is that it precludes the relitigation of a particular fact or issues in another action bet. the same parties on a different claim or cause of action. [Lopez v. Reyes, GR L-29498, Mar. 31, 1977, 76 SCRA 179]. Doctrine of res perit domino. Lat. The thing is lost to the owner. The doctrine that states that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. Doctrine of respect for administrative or practical construction. See Respect for administrative or practical construction doctrine. Doctrine of respondeat superior. Lat. Let the master answer. A legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment. Doctrine of ripeness for judicial review. This doctrine determines the point at which courts may review administrative action. The basic principle of ripeness is that the judicial machinery should be conserved for problems which are real and present or imminent and should not be squandered on problems which are future, imaginary or remote. [Mamba v. Lara, GR 165109, Dec. 14, 2009]. Doctrine of secondary meaning. The doctrine [under which] a word or phrase originally incapable of exclusive appropriation with reference to an article in the market, because geographical or otherwise descriptive might nevertheless have been used so long and so exclusively by one producer with reference to this article that, in that trade and to that group of the purchasing public, the word or phrase has come to mean that the article was his produce. [Ang v. Teodoro, 74 Phil. 56]. Doctrine of self-help. The doctrine enunciated in Art. 429 of the Civ. Code which provides: The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. Doctrine of separability. The doctrine that enunciates that an arbitration agreement is independent of the main
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contract. The arbitration agreement is to be treated as a separate agreement and the arbitration agreement does not automatically terminate when the contract of which it is part comes to an end. [Gonzales v. Climax Mining Ltd., GR 161957, Jan. 22, 2007]. Doctrine of separation of church and state. The doctrine enshrined in Sec. 6, Art. II of the 1987 Phil. Consti. which provides that: "The separation of Church and State shall be inviolable." The idea advocated by this principle is to delineate the boundaries bet. the 2 institutions and thus avoid encroachments by one against the other because of a misunderstanding of the limits of their respective exclusive jurisdictions. [Austria v. NLRC, GR 124382, 16 Aug. 1999]. Doctrine of separation of powers. A basic postulate that forbids one branch of government to exercise powers belonging to another co-equal branch; or for one branch to interfere with the other's performance of its constitutionallyassigned functions. [Velasco, Jr., concurring op., Neri v. Senate Committee on Accountability of Public Officers and Investigations, GR 180643, Mar. 25, 2007]. Doctrine of severability. See Doctrine of separability. Doctrine of shifting majority. For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required. Doctrine of sole and exclusive competence of the labor tribunal. Labor. The doctrine that recognizes the Labor Arbiters exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or nonagricultural: (1) Unfair labor practice cases; (2) Termination disputes; (3) If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rate of pay, hours of work and other terms and conditions of employment; (4) Claims for actual, moral, exemplary and other forms of damages arising from the employeremployee relations; (5) Cases arising from any violation of Art. 264 of the Labor Code, incl. questions involving the legality of strikes and lockouts; and (6) Except claims for employees compensation, social security, medicare and maternity benefits, all other claims arising from employer-employee relations, incl. those of persons in domestic or household service, involving an amount exceeding P5,000.00, whether or not accompanied with a claim for reinstatement. [From Art. 217, LC]. Doctrine of sovereign immunity. 1. The doctrine expressly provided in Art. XVI of the 1987 Consti., viz: Sec. 3. The State may not be sued without its consent. 2. The doctrine that holds that a sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. Also called Doctrine of non-suability. Doctrine of stale demands. Also Doctrine of laches. 1. [A doctrine] based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and x x x is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. [Tijam v.
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Sibonghanoy, 23 SCRA 29 (1968)]. 2. The time-honored rule anchored on public policy that relief will be denied to a litigant whose claim or demand has become stale, or who has acquiesced for an unreasonable length of time, or who has not been vigilant or who has slept on his rights either by negligence, folly or inattention. [Arradaza v. CA, 170 SCRA 12, 20 (1989)]. Doctrine of stare decisis. Also called the Doctrine of adherence to judicial precedents. [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]. Doctrine of stare decisis et non quieta movere. Lat. To adhere to precedents and not to unsettle things which are established. The doctrine [that] enjoins adherence to judicial precedents. It requires courts in a country to follow the rule established in a decision of the Sup. Court thereof. That decision becomes a judicial precedent to be followed in subsequent cases by all courts in the land. The doctrine of stare decisis is based on the principle that once a question of law has been examined and decided, it should be deemed settled and closed to further argument.[Fermin v. People, GR 157643, Mar. 28, 2008, 550 SCRA 132]. Doctrine of State immunity. The doctrine under which a State cannot be sued in the courts of another State, without its consent or waiver. [Jusmag Phils. v. NLRC, GR 108813 Dec. 15, 1994]. Doctrine of state responsibility to aliens. Intl. Law. The doctrine under which a state is under obligation to make reparation to another state for the failure to fulfill its primary obligation to afford; in accordance with international law, the proper protection due to an alien who is a national of the latter state. See also State responsibility doctrine. Doctrine of statistical improbability. Also known as Lagumbay doctrine. [Lagumbay v. Comelec, 16 SCRA 175 (1966)]. Elec. Law. The doctrine [that] is applied only where the unique uniformity of tally of all the votes cast in favor of all the candidates belonging to one party and the systematic blanking of all the candidates of all the opposing parties appear in the election return. [Sinsuat v. Pendatun, GR L-31501, June 30, 1970, 33 SCRA 630]. Doctrine of strained relations. Labor. [The rule] that where reinstatement is not feasible, expedient or practical, as where reinstatement would only exacerbate the tension and strained relations bet. the parties, or where the relationship bet. the employer and employee has been unduly strained by reason of their irreconcilable differences, particularly where the illegally dismissed employee held a managerial or key position in the company, it would be more prudent to order payment of separation pay instead of reinstatement. [Quijano v. Mercury Drug Corp., GR 126561. July 8, 1998]. Doctrine of subrogation. The principle [that] covers a situation wherein an insurer [who] has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a 3rd party with respect to any
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loss covered by the policy. It contemplates full substitution such that it places the party subrogated in the shoes of the creditor, and he may use all means that the creditor could employ to enforce payment. [Keppel Cebu Shipyard, Inc. v. Pioneer Ins. and Surety Corp., GR 180880-81 & 180896-97, Sept. 25, 2009, 601 SCRA 96, 141-142]. Doctrine of supervening event. The doctrine under which facts and events transpiring after the judgment or order had become final and executory [which circumstances] affect or change the substance of the judgment and render its execution inequitable would justify the suspension or nullification of such final and executory judgment or order. Doctrine of supervening negligence. Also Doctrine of discovered peril. The doctrine x x x to the effect that where both parties are negligent, but the negligent act of one is appreciably later in time than that of the other, or when it is impossible to determine whose fault or negligence should be attributed to the incident, the one who had the last clear opportunity to avoid the impending harm and failed to do so is chargeable with the consequences thereof. [Picart v. Smith, 37 Phil. 809]. [A]n antecedent negligence of a person does not preclude the recovery of damages for supervening negligence of, or bar a defense against the liability sought by, another if the latter, who had the last fair chance, could have avoided the impending harm by the exercise of due diligence. [Pantranco North Express, Inc. v. Baesa, 179 SCRA 384]. Doctrine of the law of the case. That principle under which determination of questions of law will generally be held to govern a case throughout all its subsequent stages where such determination has already been made on a prior appeal to a court of last resort. It is merely a rule of procedure and does not go to the power of the court, and will not be adhered to where its application will result in an unjust decision. It relates entirely to questions of law, and is confined in its operation to subsequent proceedings in the same case. [Villa v. Sandiganbayan, GR 87186, Apr. 24, 1992, 208 SCRA 283, 295-296]. Doctrine of the proper law. Conf. of Laws. The doctrine applied in the choice of law stage of a lawsuit involving the conflict of laws. In a conflicts lawsuit, one or more state laws will be relevant to the decision-making process. If the laws are the same, this will cause no problems, but if there are substantive differences, the choice of which law to apply will produce a different judgment. Each state therefore produces a set of rules to guide the choice of law, and one of the most significant rules is that the law to be applied in any given situation will be the proper law. This is the law which seems to have the closest and most real connection to the facts of the case, and so has the best claim to be applied. Doctrine of the real and hypothecary nature of maritime law. Mar. Ins. [The rule that] a ship owners liability is merely co-extensive with his interest in the vessel, except where actual fault is attributable to the shipowner. [Aboitiz Shipping Corp. v. CA, GR 121833, Oct. 17, 2008]. Doctrine of the third group. The doctrine to the effect that the right of the owner of the shares of stock of a Phil. Corp. to
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transfer the same by delivery of the certificate, whether it be regarded as statutory on common law right, is limited and restricted by the express provision that "no transfer, however, shall be valid, except as bet. the parties, until the transfer is entered and noted upon the books of the corporation." [Uson v. Diosomito, GR L-42135, June 17, 1935]. Doctrine of ultimate consumption. Goods intended for civilian use which may ultimately find their way and be consumed by belligerent forces, may be seized on the way. See Ultimate consumption doctrine. Doctrine of ultimate destination. The final destination in the territory of an enemy or under its control making goods contraband under the doctrine of continuous voyage. See Ultimate destination doctrine. Doctrine of ultra vires. Lat. Beyond the powers. The doctrine in the law of corporations that holds that if a corporation enters into a contract that is beyond the scope of its corporate powers, the contract is illegal. Doctrine of unforeseen events. The doctrine enunciated by Art. 1267 of the Civ. Code [which] is not an absolute application of the principle of rebus sic stantibus [that] would endanger the security of contractual relations. [So v. Food Fest land, Inc., GR 183628 & 183670. Apr. 7, 2010]. Art. 1267 provides: When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. Doctrine of vagueness. An aspect of the due process requirement of notice, [which] holds that a law is facially invalid if persons of "common intelligence must necessarily guess as at its meaning and differ as to its application." Doctrine of vicarious liability. A legal doctrine that assigns liability for an injury to a person who did not cause the injury but who has a particular legal relationship to the person who did act negligently. Also referred to as Imputed negligence. Doctrine of void for vagueness. Consti. Law. The doctrine that is most commonly stated to the effect that a statute establishing a criminal offense must define the offense with sufficient definiteness that persons of ordinary intelligence can understand what conduct is prohibited by the statute. It can only be invoked against that specie of legislation that is utterly vague on its face, i.e., that which cannot be clarified either by a saving clause or by construction. [Estrada v. Sandiganbayan, GR. 148560, 19 Nov. 2001]. Compare with Doctrine of overbreadth. Doctrine of volenti non fit injuria. The doctrine that refers to self-inflicted injury or to the consent to injury which precludes the recovery of damages by one who has knowingly and voluntarily exposed himself to danger, even if he is not negligent in doing so. [Nikko Hotel Manila Garden v. Reyes, GR 154259, Feb. 28, 2005]. Doctrine of waiver. A doctrine resting upon an equitable principle which courts of law will recognize, that a person, with full knowledge of the facts shall not be permitted to act in a manner inconsistent with his former position or conduct to the injury of another, a rule of ju-
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dicial policy, the legal outgrowth of judicial abhorrence so to speak, of a person's taking inconsistent positions and gaining advantages thereby through the aid of courts. [Lopez v. Ochoa, GR L7955, May 30, 1958]. Doctrine of waiver of double jeopardy. The doctrine that holds that when the case is dismissed with the express consent of the defendant, the dismissal will not be a bar to another prosecution for the same offense; because, his action in having the case dismissed constitutes a waiver of his constitutional right or privilege, for the reason that he thereby prevents the court from proceeding to the trial on the merits and rendering a judgment of conviction against him. [People v. Salico, 84 Phil. 722 (1949)]. Document. Rem. Law. 1. A deed, instrument or other duly authorized paper by which something is proved, evidenced or set forth. Any instrument authorized by a notary public or a competent public official, with the solemnities required by law, is a public document. [Bermejo v. Barrios, GR L-23614. Feb. 27, 1970]. 2. Any substance having any matter expressed or described upon it by marks capable of being read. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 129]. Document. Trust Receipts Law. Written or printed evidence of title to goods. [Sec. 3, PD 115]. Document of title. Any written instrument, such as a bill of lading, a warehouse receipt, or an order for the delivery of goods, that in the usual course of business or financing is considered sufficient proof that the person who possesses it is entitled to receive, hold, and dispose of the instrument and the goods that it covers. Document of title to goods. Any bill of lading, dock warrant, quedan, or warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by endorsement or by delivery, goods represented by such document. [Art. 1619, CC]. Documentary. 1. Adj. Consisting of official pieces of written, printed, or other matter. 2. N. A movie or a television or radio program that provides a factual record or report. Documentary bill. Nego. Inst. One to which are attached documents of title delivered and surrendered to the drawee when he accepts or pays the bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 365]. Documentary evidence. Documents as evidence consisting of writings or any material containing letters. words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents. [Sec. 2, Rule 130, RoC]. Compare with Testimonial evidence. Documentary stamp. An adhesive stamp used to collect taxes or fees on documents, tobacco, alcoholic drinks, drugs and medicines, playing cards, and many other things. It is yypically purchased from the government, and is attached to taxed items as part of putting them on sale, or in the case of documents, as part of filling out the form.
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Documentary stamp tax (DST). 1. A tax on documents, instruments, loan agreements and papers evidencing the acceptance, assignment, sale or transfer of an obligation, right or property incident thereto. 2. [It] is in the nature of an excise tax. It is not imposed upon the business transacted but is an excise upon the privilege, opportunity or facility offered at exchanges for the transaction of the business. It is an excise upon the facilities used in the transaction of the business separate and apart from the business itself. [It is] levied on the exercise by persons of certain privileges conferred by law for the creation, revision, or termination of specific legal relationships through the execution of specific instruments. [Antam Pawnshop Corp. v. Comm. of Int. Rev., GR. 167962, Sept. 19, 2008]. Documented migrant workers. (a) Those who possess valid passports and visas or permits to stay in the host country and whose contracts of employment have been processed by the POEA if required by law or regulation; or (b) Those registered by the Migrant Workers and Other Overseas Filipinos Resource Center or by the Embassy. [Sec. 2, IRR, RA 8042]. Dog. A common quadruped domestic animal belonging to the order carnivora (male or female), scientifically known as canis familiaris. [Sec. 3, RA 9482]. Doing business. 1. Soliciting orders, purchases, service contracts, opening offices, whether called liaison offices or branches; appointing representatives or distributors who are domiciled in the Phils. for a period or periods totaling 180 days or more; participating in the management, supervision or control of any domestic business firm, entity or corporation in the Phils., and any other act or acts that imply a continuity of commercial dealings or arrangements and contemplate to that extent the performance of acts or works, or the exercise of some of the functions normally incident to, and in progressive prosecution of, commercial gain or of the purpose and object of the business organization. [Art. 44, EO 226, July 16, 1987]. 2. A continuity of commercial dealings and arrangements, and contemplates to that extent, the performance of acts or words or the exercise of some of the functions normally incident to, and in progressive prosecution of, the purpose and object of its organization. [Mentholatum v. Mangaliman, 72 Phil. 524 (1941)]. Doing or Transacting an insurance business. This includes (a) making or proposing to make, as insurer, any insurance contract; (b) making or proposing to make, as surety, any contract of suretyship as a vocation and not as merely incidental to any other legitimate business or activity of the surety; (c) doing any kind of business, incl. a reinsurance business, specifically recognized as constituting the doing of an insurance business within the meaning of the Ins. Code; (d) doing or proposing to do any business in substance equivalent to any of the foregoing in a manner designed to evade the provisions of the Ins. Code. Dolo. Sp. Fraud or malice. 1. A conscious and intentional design to evade the normal fulfillment of existing obligations. [Luzon Brokerage v. Maritime Building, GR L-25885. Aug. 18, 1972]. 2. A complex idea involving the elements of freedom, intelligence, and intent. [Mariano A. Albert, The Rev. Penal Code (Act 3815) 21-24 (1946)]. The 1st element,
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freedom, refers to an act done with deliberation and with power to choose bet. 2 things. [Id. At 21]. The 2nd element, intelligence, concerns the ability to determine the morality of human acts, as well as the capacity to distinguish bet. a licit and an illicit act. [Id. At 21]. The last element, intent, involves an aim or a determination to do a certain act. [Guevarra v. Almodovar, 251 Phil. 427 (1989)]. Dolo causante. Sp. Causal fraud. 1. 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]. 2. 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. [Geraldez v. CA, GR 108253. Feb. 23, 1994]. Dolo incidente. Sp. Incidental fraud. Those which are not serious in character and without which the other party would still have entered into the contract. [Geraldez v. CA, GR 108253. Feb. 23, 1994]. Dolus bonus. Lat. Good or permissible deceit. [talktalk.co.uk; Jan. 8, 2013; Vda. De Pama v. Pama, GR L-33259, Aug. 31, 1983]. Dolus malus. Lat. Bad deceit; fraud; evil intent. [talktalk.co.uk; Jan. 8, 2013; Vda. De Pama v. Pama, GR L-33259, Aug. 31, 1983]. Domestic. 1. Persons usu. living under the same roof, pertaining to the same house, and constituting, in this sense, a part thereof, distinguishing it from the term servant whereby a person serving another on a salary is designated. [People v. Alvarez, GR 34644, Jan. 17, 1974]. 2. A person usu. living under the same roof, pertaining to the same house, and constituting, in this sense, a part thereof. [US v. Arlante, GR L-3859. Jan. 15, 1908]. Domestic Adoption Act 0f 1998. RA 8552 entitled An Act establishing the rules and policies on the domestic adoption of Filipino children and for other purposes enacted on Feb. 25, 1998. Domestic air carrier. An air carrier who is a citizen of the Phils.: Provided, That an air carrier who is not a citizen of the Phils. but who may be allowed to engage in domestic and/or foreign air transportation, or domestic and/or foreign air commerce, in accordance with the provisions of RA 776, as amended, shall, to all intents and purposes, be classified as a domestic air carrier. [Sec. 3, RA 776]. Domestic air commerce. 1. [It] includes air commerce within the limits of the Phil. territory. [Sec. 3, RA 9497]. 2. Air commerce within the limits of the Phil. territory. [Sec. 3, RA 776]. Domestic air transport. Air transportation within the limits of the Philippine territory. [Sec. 3, RA 9497]. Domestic air transportation. Air transportation within the limits of the Phil. territory. Domestic arbitration. An arbitration involving a local dispute, i.e., not international as this is understood in the Model Law adopted by the UN, which means that it is to be governed by RA 875, the Arbitration Law of the Phils.
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Domestic corporation. A corporation incorporated under the laws of the Phils. [Sec. 123, Corp. Code]. Compare with Foreign corporation. Domestic helper. Someone who works within the employer's household. Domestic industry. The domestic producer, as a whole, of like or directly competitive products manufactured or produced in the Phils. or those whose collective output of like or directly competitive products constitutes a major proportion of products. [Sec. 4, RA 8800]. Domestic law. The internal law of the forum, that is, the local law as applied to purely domestic cases. Domestic market enterprise. An enterprise which produces goods for sale, or renders services to the domestic market entirely or, if exporting a portion of its output, fails to consistently export at least 60% thereof. [RA 7042]. Domestic or Household services. Service in the employer's home which is usu. necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal com-fort and convenience of the members of the employer's household, incl. services of family drivers. [Art. 141, LC]. Domestic servant. See Househelper. Domestic ship operator or owner. A citizen of the Phils., or a commercial partnership wholly owned by Filipinos, or a corporation at least 60% of the capital of which is owned by Filipinos, which is duly authorized by the MARINA to engage in the business of domestic shipping. [Sec. 3, RA 9295]. Domestic shipping. The transport of passenger or cargo, or both, by ships duly registered and licensed under Phil. law to engage in trade and commerce bet. Phil. ports and within Phil. territorial or internal waters, for hire or compensation, with general or limited clientele, whether permanent occasional or incidental, with or without fixed routes, and done for contractual or commercial purposes. [Sec. 3, RA 9295]. Domestic trade. The sale, barter or exchange of goods, materials or products within the Phils. [Sec. 3, RA 9295]. Domestic work. Work performed in or for a household or households. [Sec. 4, RA 10361]. Domestic worker or Kasambahay. Any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or yaya, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. The term shall not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e. baon, transportation, school projects and school activities. [Sec. 4, RA 10361]. Domestic Workers Act or Batas Kasambahay. RA 10361 entitled An Act Instituting Policies for the Protection and Welfare of Domestic Workers enacted on Jan. 18, 2013. Domicile. 1. That place in which a person's habitation is fixed, with-out any present intention of removing therefrom,
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and that place is properly the domicile of a person in which he has voluntarily fixed his abode, or habitation, not for a mere special or temporary purpose, but with a present intention of making it his permanent home. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995]. 2. A fixed permanent residence to which when absent for business, or pleasure, or for like reasons one intends to return, and depends on facts and circumstances, in the sense that they disclose intent. [Ong Huan Tin v. Rep., 19 SCRA 966, 969]. 3. The permanent residence of a person; a place to which, even if he were temporary absence, he intend to return. In law, it is said that a person may have many residences but only one domicile. See Residence. Domicile. Basic rules: (1) A man must have a residence or domicile somewhere; (2) domicile, once established, remains until a new one is validly acquired; and (3) a man can have but one residence or domicile at any given time. [Domino v. Comelec, GR 134015, July 19, 1999]. See also Transfer of domicile. Domicile by choice. Elements in order to acquire a new domicile by choice: There must concur (1) residence or bodily presence in the new locality, (2) an intention to remain there, and (3) an intention to abandon the old domicile. In other words, there must basically be animus manendi coupled with animus non revertendi. The purpose to remain in or at the domicile of choice must be for an indefinite period of time; the change of residence must be voluntary; and the residence at the place chosen for the new domicile must be actual. [Romualdez v. RTC Br. 7, Tacloban City, GR 104960. Sep. 14, 1993]. Domicile by operation of law. It attributes to a person a domicile independent of his own intention or actual residence, ordinarily resulting from legal domestic relations, as that of the wife arising from marriage, or the relation of a parent and a child. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995]. Domicile of choice. The place which the person has elected and chosen for himself to displace his previous domicile; it has for its true basis or foundation the intention of the person. [RomualdezMarcos v. Comelec, GR 119976. Sep. 18, 1995]. Domicile of origin. General rule. [It] is not easily lost; it is lost only when there is an actual removal or change of domicile, a bona fide intention of abandoning the former residence and establishing a new one, and acts which correspond with such purpose. [Romualdez-Marcos v. Comelec, GR 119976, Sept. 18, 1995]. Domicile of origin. The domicile of his parents, or of the head of his family, or of the person on whom he is legally dependent at the time of his birth. While the domicile of origin is generally the place where one is born or reared, it maybe elsewhere. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995]. Domiciliary principle. Also Nationality principle. The taxation of the same items by the country of residence or nationality of the taxpayer. [Comm. of Int. Rev. v. Procter & Gamble Phil., GR 66838. Dec. 2, 1991]. Compare with Source or situs rule. Domiciliary theory. The theory that personal status, in general, is determined
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by and/or subject to the jurisdiction of the domiciliary law. [Ellis v. Rep., GR L16922. Apr. 30, 1963]. See Nationality theory. Domicilium necesarium. Lat. Domicile by operation of law. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995]. Domicilium originis. Lat. Domicile of origin. The common case of the place of birth. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995]. Domicilium proprio motu. Lat. That domicile which is voluntarily acquired by a party. [Romualdez-Marcos v. Comelec, GR 119976. Sep. 18, 1995]. Domicilium voluntarium. Lat. Domicile of ones own choosing. [RomualdezMarcos v. Comelec, GR 119976. Sep. 18, 1995]. Dominancy test. The test in determining whether colorable imitation exists which focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception and thus constitutes infringement. If the competing trademark contains the main or essential or dominant features of another, and confusion and deception is likely to result, infringement takes place. Duplication or imitation is not necessary; nor it is necessary that the infringing label should suggest an effort to imitate. The question at issue in cases of infringement of trademarks is whether the use of the marks involved would be likely to cause confusion or mistakes in the mind of the public or deceive purchasers. [Emerald Garment Mfg. Corp. v. CA, GR 100098. Dec. 29, 1995]. Compare with Holistic test. Dominant estate. The immovable in favor of which the easement is established. [Art. 613, CC]. See Servient estate. Dominion or Dominium. The capacity of the State to own or acquire property such as lands and natural resources. [Separate Opinion, Kapunan, J., in Cruz v. Sec. of DENR, GR 135385, Dec. 6, 2000]. Dominium. Lat. The capacity to own or acquire property, incl. lands held by the state in its proprietary capacity. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 29]. Compare with Imperium. Dominium directum. Lat. 1. Naked ownership. [Alejandro v. Geraldez, GR L33849. Aug. 18, 1977]. 2. Bare ownership. [Gold Creek Mining Corp. v. Rodriguez, 66 Phil. 259]. Dominium est jus utendi et abutendi, re quatenus juris ratio potitur. Lat. Ownership is the right to use and abuse ones property insofar as the law and reason permit. Dominium plenum. Lat. Full ownership. [Alejandro v. Geraldez, GR L-33849. Aug. 18, 1977]. Dominium utile. Lat. Beneficial ownership. [Gold Creek Mining Corp. v. Rodriguez, 66 Phil. 259]. Domino absoluto. Lat. Full ownership. [Vidal v. Posadas, 58 Phil. 108; De Guzman v. Ibea, 67 Phil. 633]. Compare with Nuda proprietas. Donation. Civ. Law. 1. An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. [Art. 725, CC]. 2. There is also a donation when a person gives
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to another a thing or right on account of the latter's merits or of the services rendered by him to the donor, provided they do not constitute a demandable debt, or when the gift imposes upon the donee a burden which is less than the value of the thing given. [Art. 726, CC]. Donation. Civ. Law. Elements: There are 3 essential elements of donations: (1) the reduction of the patrimony of the donor, (2) the increase in the patrimony of the donee, and (3) the intent to do an act of liberality (animus donandi). [Tatoto v. Heirs of Kabalo Yusop, GR 74203. Apr. 17, 1990]. Donation by reason of marriage. Civ. Law. Also Donation propter nuptias. Donation made before the celebration of marriage, in consideration of the same, and in favor of one or both of the future spouses. [Art. 82, FC]. Donation by reason of marriage. Civ. Law. Grounds for revocation: (a) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Art. 81, FC; (b) when the marriage takes place without the consent of the parents or guardian, as required by law; (c) when the marriage is annulled, and the donee acted in bad faith; (d) upon legal separation, the donee being the guilty spouse; (e) if it is with a resolutory condition and the condition is complied with; (f) when the donee has committed an act of ingratitude as specified by the provisions of the Civ. Code on donations in general. [Art. 86, FC]. Donation inter vivos. Civ. Law. A donation which the donor intends to take effect during the lifetime of the donor, though the property shall not be delivered till after the donor's death. The fruits of the property from the time of the acceptance of the donation, shall pertain to the donee, unless the donor provides otherwise. [Art. 729, CC]. 2. Donation made without consideration (of death or mortal peril), but out of the donor's pure generosity and the recipient's desires, although the subject matter is not delivered at once, or the delivery is to be made post mortem, which is a simple matter of form and does not change the nature of the act, and such gifts are irrevocable, esp. if without a price and onerous in character. [Balaqui v. Dongso, GR 31161. Oct. 28, 1929]. Donation mortis causa. Also Disposition post mortem. Civ. Law. Characteristics: (a) The transfer conveys no title or ownership to the transferee before the death of the transferor, of the transferor (meaning testator) retains the owner-ship, full or naked (domino absoluto or nuda proprietas) [Vidal v. Posadas, 58 Phil. 108; De Guzman v. Ibea, 67 Phil. 633]; (b) the transfer is revocable before the transferor's death and revocability may be provided for indirectly by means of a reserved power in the donor to dispose of the properties conveyed [Bautista v. Sabiniano, 92 Phil. 244]; and (c) the transfer would be void if the transferor survived the transferee. [Alejandro v. Geraldez, GR L-33849. Aug. 18, 1977]. Donation mortis causa. Civ. Law. 1. A donation to take effect at the death of the donor. 2. A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues. Such a gift is exempted from the estate of the deceased as property is automatically conveyed
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upon death. 3. This donation partakes of the nature of testamentary provisions, and shall be governed by the rules of succession. [Art. 728, CC]. 4. A donation made, as its name implies, in consideration of death or mortal peril, without the donor's intention to lose the thing or its free disposal in case of survival, as in testamentary dispositions. [Balaqui v. Dongso, GR 31161. Oct. 28, 1929]. 5. A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues. Such a gift is exempted from the estate of the deceased as property is automatically conveyed upon death. Donation propter nuptias. Civ. Law. A donation which is given by reason of marriage and given before its celebration, in consideration of that same, and in favor of one or both of the future spouses. [Art. 82, FC]. See Donation by reason of marriage. Donation, when inofficious. Civ. Law. Donation that exceeds what he may give or receive by will. [Art. 752, CC]. Donation; when revocable at the instance of the donor, by reason of ingratitude. Civ. Law. (a) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority; (b) if the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority; (c) if he unduly refuses him support when the donee is legally or morally bound to give support to the donor. [Art. 765, CC]. Donation; when void. Civ. Law. (a) Donations bet. husband and wife; (b) those made bet. persons who were guilty of adultery or concubinage at the time of the donation; (c) Those made bet. persons found guilty of the same criminal offense, in consideration thereof; (d) those made to a public officer or his wife, descendants and ascendants, by reason of his office. [Art. 133 and 739, CC]. Donde quiera su fije de residencia. Sp. Wherever [the husband] wishes to establish residence. This [phrase] contemplates only actual residence because it refers to a positive act of fixing a family home or residence. [Romualdez-Marcos, GR 119976. Sep. 18, 1995]. Donee. Beneficiary of a trust. The person who is the recipient of a power of attorney; the person who would have to exercise the power of attorney. Donor. The person who donates property to the benefit of another, usu. through the legal mechanism of a trust. Donor milk. The human milk from a nonbiological mother. [Sec. 3, RA 10028]. Donors tax. A tax on a donation or gift, and is imposed on the gratuitous transfer of property bet. 2 or more persons who are living at the time of the transfer. It shall apply whether the transfer is in trust or otherwise, whether the gift is direct or indirect and whether the property is real or personal, tangible or intangible.
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Dormant partner. A partner who does not take active part in the business of the partnership and at the same time not known as a partner. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. DOSRI. An acronym that refers to directors, officers, stockholders and their related interests such that their transactions are closely supervised and monitored by the Bangko Sentral ng Pilipinas. A banks credit accommodation to its DOSRI, for example, must not be on terms which are mote favorable than those extended to non-DOSRI borrowers. [Sect. 36, RA 7653, New Central Bank Act]. DOTC. See Department of Transportation and Communications. Double costs. Costs [other than treble costs] which may be imposed on the plaintiff or appellant, where an action or an appeal is found to be frivolous, to be paid by his attorney, if so ordered by the court. [Sec. 3, Rule 143, RoC]. Double criminality principle. Intl. Law. The rule in extradition which states that for a request to be honored, the crime for which extradition is requested must be a crime in both the requesting state and the state to which the fugitive has fled. For example, since murder is a crime both in the Phils. and in Canada, under the Treaty on Extradition bet. the Phils. and Canada, the Phils. can request Canada to extradite a Filipino who has fled to Canada. Double criminality. 1. Under this principle, extradition is available only when the act is an offense in the 2 countries involved in extradition. [Cruz, Intl. Law, 2003 ed., p. 205; Coquia and Santiago, Intl. Law and World Organizations, 2005 ed., p. 342]. 2. It is intended to ensure each state that it can rely on reciprocal treatment and that no state will use its processes to surrender a person for contract which it does not characterize as criminal. [Bassiouni, Intl. Extradition, 4th ed., p. 467]. 3. The requirement of double criminality is satisfied even if the act was not punishable in the requested state at the time of its occurrence if it was criminal at the time the request was made. [Ibid., p. 469]. Double dead meat. See Double-dead meat. Double donations. Civ. Law. Donations of the same thing to 2 or more different donees which shall be governed by the provisions - Art. 1544 of the Civ. Code concerning the sale of the same thing to 2 or more different persons. [Art. 744, CC]. Double insurance. It exists where the same person is insured by several insurers separately in respect to the same subject and interest. [Sec. 93, IC]. Double insurance. Requisites. (a) The person insured must be the same; (b) there must be several insurers; (c) the subject matter insured must be the same; (d) the interest insured must also be the same; and (e) the risk insured against must be the same. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 93]. Double jeopardy. Putting a person on trial more than once for the same crime. Double jeopardy. 1. Requisites: (a) The previous complaint or information or other formal charge is sufficient in form
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and substance to sustain a conviction: (b) the court has jurisdiction to try the case; (c) the accused has been arraigned and has pleaded to the charge; and (d) the accused is convicted or acquitted or the case is dismissed without his express consent. [Navallo v. Sandiganbayan, GR 97214. July 18, 1994]. 2. Elements: (a) A 1st jeopardy must have attached prior to the 2nd; (b) the 1st jeopardy must have been validly terminated; and (c) the 2nd jeopardy must be for the same offense, or the 2nd offense includes or is necessarily included in the offense charged in the 1st information, or is an attempt to commit the same or is a frustration thereof. [People v. Puno, 208 SCRA 550, 557. May 8, 1992]. Double renvoi. Intl. Law. The referral by the forum court to the conflict rules, incl. the renvoi rules of a foreign state. Thus the forum court applies the law specified by the foreign conflicts rules, incl. the foreign renvoi rules, in an effort to render the decision, which the foreign court would render if it were seized of the case. Double sale. The sale of the same thing to different vendees, where the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property. Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property. Should there be no inscription, the ownership shall pertain to the person who in good faith was 1st in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith. [Art. 1544, CC]. Double share for full blood collaterals rule. The rule that should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. [Art. 1006, CC]. Double taxation. 1. Taxing the same person twice by the same jurisdiction for the same thing. [Victorias Milling Co. v. Mun. of Victorias, Negros Occ., 25 SCRA 192 (1968)]. 2. Additional taxes laid on the same subject by the same taxing jurisdiction during the same taxing period and for the same purpose. [Cruz, Constl. Law, 1998 Ed., p. 89]. Double-dead meat. The Filipino appellation for meat taken from an animal that has died of disease. Downstream. The sector of the oil and gas industry which commonly refers to the refining of petroleum crude oil and the processing and purifying of raw natural gas, as well as the marketing and distribution of products derived from crude oil and natural gas. The downstream sector touches consumers through products such as gasoline or petrol, kerosene, jet fuel, diesel oil, heating oil, fuel oils, lubricants, waxes, asphalt, natural gas, and liquified petroleum gas (LPG) as well as hundreds of petrochemicals. Downstream oil industry (DOI). The business of importing, exporting, reexporting, shipping, trans-porting, processing, refining, storing, distributing, marketing and/or selling crude oil, gasoline, diesel, liquefied petroleum gas (LPG), kerosene, and other petroleum products. [Sec. 4, RA 8479].
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Downstream Oil Industry Deregulation Act of 1998. RA 8479 entitled An Act deregulating the downstream oil industry, and for other purposes enacted on Feb. 10, 1998. Downstream sector. See downstream. Draft. Comml. Law. A bill of exchange payable on demand and drawn for the purpose of collecting for the drawers own use and account a sum of money due him from the drawee. A sight draft is one for the immediate collection of money. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 70]. Draft animal. An animal used for pulling heavy loads. Draft animal power. Power provided by the carabao as a farm animal. [Sec. 3, RA 7307]. Dragnet clause or Blanket clause. 1. The mortgage provision in Amer. jurisprudence which is specifically phrased to subsume all debts of past or future origin. Such clauses are "carefully scrutinized and strictly construed. [Phil. Bank of Communications v. CA, GR 118552. Feb. 5, 1996]. 2. Provision in a mortgage in which a mortgagor gives security for past and future advances as well as present indebtedness. Drago doctrine. Intl. Law. The doctrine that a public debt cannot give rise to the right of intervention. It was formulated by Foreign Minister Drago of Argentina in 1902 when Great Britain, Italy and Germany established a blockade against Venezuela in order to enforce certain contractual and other claims against it. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 56]. Drawee. The person to whom the bill of exchange is addressed and who is ordered to pay. He becomes an Acceptor when he indicates his willingness to pay the bill. Drawer. The person who gives the order to pay money to a 3rd party. Drinking water. Water intended for human consumption or for use in food preparation. [Sec 4, RA 9275]. Drive-in-net. See Muro-ami. Driving under the influence of alcohol. The act of operating a motor vehicle while the drivers blood alcohol concentration level has, after being subjected to a breath analyzer test, reached the level of intoxication, as established jointly by the DOH, the Napolcom and the DOTC. [Sec. 3, RA 10586]. Driving under the influence of dangerous drugs and other similar substances. The act of operating a motor vehicle while the driver, after being subjected to a confirmatory test as mandated under RA 9165, is found to be positive for use of any dangerous drug. [Sec. 3, RA 10586]. Drug. (1) Articles recognized in official pharmacopeias and formularies, incl. official homeopathic pharmacopeias, or any documentary supplement to any of them, which are recognized and adopted by the FDA; (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (3) articles (other than food) intended to affect the structure of any function of the body of hu-
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mans or animals; or (4)articles intended for use as a component of any articles specified in clauses (1), (2), or (3) but do not include devices or their components, parts or accessories. [Sec. 9, RA 9711]. Drug dependence. 1. As based on the World Health Organization (WHO) definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use. [Sec 3, RA 9165]. 2. A state of psychic or physical dependence, or both, on a dangerous drug, arising in a person following administration or use of that drug on a periodic or continuous basis. [People v. Dichoso, GR 10121618. June 4, 1993]. Drug establishment. Any organization or company involved in the manufacture, importation, repacking and/or distribution of drugs or medicines. [Sec. 3, RA 6675]. Drug or Pharmaceutical laboratory. Also Pharmaceutical manufacturing laboratory. An establishment where pharmaceuticals, proprietary medicines or pharmaceutical specialties are prepared, compounded, standardized and distributed or sold. [Sec. 42, RA 5921]. Drug outlets. Drugstores, pharmacies, and any other business establishments which sell drugs or medicines. [Sec. 4, RA 9502; Sec. 3, RA 6675]. Drug product. The finished product form that contains the active ingredients, generally but not necessarily in association with inactive ingredients. [Sec. 3, RA 6675]. Drug syndicate. Any organized group of 2 or more persons forming or joining together with the intention of committing any offense prescribed under RA 9165. [Sec 3, RA 9165]. Drugs. 1. Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. 2. Articles [other than food] intended to affect the structure or any function of the body of man or animals. [Art. 4, RA 7394]. Drugs and medicines. Any chemical compound or biological substance, other than food, intended for use in the treatment, prevention or diagnosis of disease in humans or animals, incl. but not limited to: (1) any article recognized in the official US Pharmacopoeia - Natl. Formulary (USP-NF), official Homeopathic Pharmacopoeia of the US, Phil. Pharmacopoeia, Phil. Natl. Drug Formulary, British Pharmacopoeia, European Pharmacopoeia, Japanese Pharmacopoeia, Indian Pharmacopoeia, any national compendium or any supplement to any of them; (2) any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (3) any article other than food intended to affect the structure or any function of the human body or animals; (4) any article intended for use as a component of any articles specified in clauses (1), (2), and (3) not incl. devices or their components, parts, or accessories; and (5) herbal and/or traditional drugs which are articles of plant or animal origin used in folk medicine which are: (i) recognized in the Phil.
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Natl. Drug Formulary; (ii) intended for use in the treatment or cure or mitigation of disease symptoms, injury or body defects in humans; (iii) other than food, intended to affect the structure or any function of the human body; (iv) in finished or ready-to-use dosage form; and (v) intended for use as a component of any of the articles specified in clauses (i), (ii), (iii), and (iv). [Sec. 4, RA 9502]. Drunk. Affected by alcohol to the extent of losing control of one's faculties or behavior. Drunk driving. Driving a vehicle with an excess of alcohol in the blood. Drunken. 1. Drunk or intoxicated. 2. Habitually or frequently drunk. Drunkenness. A state of the mind, which depends upon the tolerance of a person to alcoholic drinks and which is relative in every individual. Drydock. A dock from which the water can be temporarily excluded, in order to effect repairs to hulls and keels of ships or vessels. [Sec. 3, PD 857]. DST. See Documentary stamp tax. DU. See Distribution Utility. Dual. Consisting of 2 parts, elements, or aspects. Dual citizen. A natural-born Phil. citizen who has also become a naturalized citizen of another country but who is deemed not to have lost his Phil. citizenship by taking the prescribed oath of allegiance to the Phils. A dual citizen can exercise absentee voting rights for Pres., Vice Pres., Senators and PartyList Reps. [RA 9225, Citizenship Retention and Reacquisition Act; NicolasLewis v. Comelec, GR 162759, Aug. 4, 2006]. Dual citizenship. Citizenship in 2 countries concurrently. Dual system or training. A delivery system of quality technical and vocational education which requires training to be carried out alternately in 2 venues: In school and in the production plant. Inschool training provides the trainee the theoretical foundation, basic training, guidance and human formation, while in-plant training develops his skills and proficiency in actual work conditions as it continues to inculcate personal discipline and work values. [Sec. 1, IRR, RA 7796]. Dual training system. An instructional delivery system of technical and vocational education and training that combines in-plant training and inschool training based on a training plan collaboratively designed and implemented by an accredited dual system educational institution or training center and accredited dual system agricultural, industrial and business establishments with prior notice and advice to the LGU concerned. Under this system, said establishments and the educational institution share the responsibility of providing the trainee with the best possible job qualifications, the former essentially through practical training and the latter by securing an adequate level of specific, general and occupation-related theoretical instruction. The word "dual" refers to the 2 parties providing instruction: the concept "system" means that the 2 instructing parties do not operate independently of one another, but rather coordinate their efforts. [Sec. 4, RA 7796].
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Dual Training System Act of 1994. RA 7796 entitled An Act to strengthen manpower education and training in the Phils. by institutionalizing the dual training system as an instructional delivery system of technical and vocational education and training, providing the mechanism, appropriating funds therefor and for other purposes enacted on Feb. 25, 1994. Duces tecum. Lat. Bring with you. Used most frequently for a species of subpoena [as in Subpoena duces tecum] which seeks not so much the appearance of a person before a court of law, but the surrender of a thing [e.g. a document or some other evidence] by its holder, to the court, to serve as evidence in a trial. Duct. A channel or tube for conveying something, in particular. Duct system. A continuous passageway for the transmission of air. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Due. 1. The word is only equivalent to or synonymous with "payable. 2. With reference to taxes, it implies that such taxes are then "owing, collectible or matured. 3. The debt or obligation to which it is applied has by contract or operation of law become immediately payable, but in another sense it denotes the existence of a simple indebtedness, without reference to the time payment, in which it is synonymous with 'owing' and includes all debts whether payable in praesenti or in futuro." [Comm. of Int. Rev. v. Visayan Electric Co., GR L22611. May 27, 1968]. Due and payable (on a specified date). The phrase means the debt or obligation to which it is applicable is then immediately payable. [Comm. of Int. Rev. v. Visayan Electric Co., GR L-22611. May 27, 1968]. Due bill. Comml. Law. An instrument whereby one person acknowledges his indebtedness to another. [Diaz, Bus. Law Rev., 1991 Ed., p. 379]. Due execution. The fact that the document was signed voluntarily and knowingly by the party whose signature appears thereon. See Genuineness. Due process. [Its essence] is simply an opportunity to be heard or, as applied to administrative proceedings, an opportunity to explain one's side or an opportunity to seek a reconsideration of the action or ruling complained of. [Telecoms. Distributors Specialist, Inc. v. Gabriel, GR 174981, May 25, 2009]. Due process of law. Pol. Law. 1. In a criminal prosecution, due process consists of a law creating or defining the offense, an impartial tribunal of competent jurisdiction, accusation in due form, notice and opportunity to defend, trial acc. to established procedure, and discharge unless found guilty. [People v. Lumague, GR 53586. Jan. 30, 1982]. 2. Fundamental fairness. [Anzaldo v. Clave, GR L-54597. Dec. 15, 1982]. 3. The twin requirements of notice and hearing constitute essential elements of due process. [Century Textile Mills v. NLRC, 161 SCRA 528, 535]. Due process of law. Pol. Law. Requisites: (a) There must be a court of tribunal clothed with judicial power to hear and determine the matter before it; (b) jurisdiction must be lawfully acquired over the person of the defendant or over
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the property which is the subject of the proceeding; (c) the defendant must be given an opportunity to be heard; and (d) judgment must rendered upon lawful hearing. [El Banco Espaol-Filipino v. Palanca, GR L-11390. Mar. 26, 1918]. Duel. Crim. Law. 1. An agreement to fight under determined conditions and with the participation and intervention of seconds, who fix such conditions. [US v. Navarro, GR L-1878. Mar. 9, 1907]. 2. A formal or regular combat previously consented bet. 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight to settle some antecedent quarrel. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 655]. Duel, Participation in a. Crim. Law. The felony committed by any person who shall kill his adversary in a duel, or inflict upon the latter physical injuries only, or in any other case, although no physical injuries have been inflicted, and the seconds who shall in all events be punished as accomplices. [Art. 260, RPC]. Dumping. 1. Any unauthorized or illegal disposal into any body of water or land of wastes or toxic or hazardous material: Provided, That it does not mean a release of effluent coming from commercial, industrial, and domestic sources which are within the effluent standards. [Sec 4, RA 9275]. 2. Any deliberate disposal at sea and into navigable waters of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, incl. the disposal of wastes or other matter directly arising from or related to the exploration, exploitation and associated off-shore processing of sea bed mineral resources unless the same is permitted and/or regulated under PD 979. [Sec. 3, PD 979]. 3. Selling exported goods at prices below their normal value. Dumping duty. A duty levied on imported goods where it appears that a specific kind or class of foreign article is being imported into or sold or is likely to be sold in the Phils. at a price less than its fair value. [Sec. 301, TCC]. Dunnage. A term related to the placing of lumber under the cargo to protect the same from the water coming into the hold of the vessel or in bet. the different parcels of cargo to prevent them from injuring each other. [First Plywood Corp., GR 84460. Nov. 13, 1992]. Duplex. A house which has separate but complete facilities to accommodate 2 families as either adjacent units or one on top of the other. Duplicate. An identical copy; a facsimile. Duplicate original. A signed carbon copy or duplicate of a document executed at the same time as the original [which] may be introduced in evidence without accounting for the non-production of the original. But, an unsigned and uncertified document purporting to be a carbon copy is not competent evidence. It is because there is no public officer acknowledging the accuracy of the copy. [Vallarta v. CA, GR L-36543. July 27, 1988]. Duplicity (or Multiplicity) of charges. A single complaint or information that charges more than one offense. [Loney v. People, GR 152644, Feb. 10, 2006]. Dura lex sed lex. Lat. The law is hard but such is the law.
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Duress. 1. Force, violence or pressure which induces a person to act in a manner contrary to his own wish. [Torres, Oblig. & Cont., 2000 Ed., p. 349]. 2. A situation under which a person is prevented from acting [or not acting] acc. to his free will, by threats or force of another. Contracts signed under duress are voidable. Dust. A finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an explosion. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Duster. 1. House dress. [People v. Sadang, GR 105378. June 27, 1994]. 2. A loose kind of dress. [People v. Arizala, GR 59713. Mar. 15, 1982]. Duties of attorneys. It is the duty of an attorney: (a) To maintain allegiance to the Rep. of the Phils. and to support the Consti. and obey the laws of the Phils.; (b) to observe and maintain the respect due to the courts of justice and judicial officers; (c) to counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; (d) to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; (e) to maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; (f) to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; (g) not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; (h) never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; (i) in the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. [Sec. 20, Rule 138, RoC]. Duty. 1. A legal or moral obligation, mandatory act, responsibility, charge, requirement, trust, chore, function, commission, debt, liability, assignment, role, pledge, dictate, office, [and] engagement. [Enriquez v. CA, GR 140473, Jan. 28, 2003]. 2. Taxation. An indirect tax, imposed on the importation, exportation, or consumption of goods. [Garcia v. Exec. Sec., GR 101273. July 3, 1992]. 2. A legal or moral obligation, mandatory act, responsibility, charge, requirement, trust, chore, function, commission, debt, liability, assignment, role, pledge, dictate, office, (and) engagement. [Enriquez v. CA, GR 140473, Jan. 28, 2003]. Duty detail order. A document issued by the juridical entity or employer wherein the details of the disposition of firearm is spelled-out, thus indicating the name of the employee, the firearm information, the specific duration and location of posting or assignment and the authorized bonded firearm custodian for the juridical entity to whom such firearm is
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turned over after the lapse of the order. [Sec. 3, RA 10591]. Duty free. Exempt from duty. Duty free shop. A retail establishment located within the premises of intl. ports of entry, airport or seaport, authorized to sell tax and duty-free merchandise, consisting of consumables and light durables, for the convenience of travelers. Such establishments have been introduced to special economic zones in Subic and Clark on contention that these are permissible on free port areas. [Customs AO 3-95, Dec. 6, 1995]. Duty to bargain collectively. The performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party, but such duty does not compel any party to agree to a proposal or to make any concession. [Art. 252, LC]. DVD. See Digital Video Disk. Dwelling. 1. A building designed or used as residence for one or more families. [Sec. 3, BP 220]. 2. A building or structure, exclusively used for rest and comfort. [People v. Joya, GR 79090. Oct. 1, 1993]. Dwelling house. 1. An entire thing; it includes the buildings, and such attachments as are usu. occupied and used for the family for the ordinary purposes of a house. [Caudal v. CA, GR 83414. July 31, 1989]. 2. In law, it may embrace the dwelling itself and such buildings as are used in connection with it. [Ibid.]. Dwelling unit. A house and lot used for residential purposes and shall include not only buildings, parts or units thereof used solely as dwelling places, except motels, or hotel rooms; but also those used for home industries or retail stores if the owner thereof and his family actually live therein and use it principally for dwelling purposes. [Sec. 2, RA 6359; Sec. 2, RA 6126]. Dying. On the point of death. Dying declaration. The declaration of a dying person, made under the consciousness of an impending death with respect to the cause and surrounding circumstances of such death, which is admissible as an exception to the hearsay rule. [People v. Apolinario, GR 97426. June 3, 1993; Sec. 37, Rule 130, RoC]. Also known as Ante mortem statement or Statement in articulo mortis. Dying declaration. Requisites: (a) The declaration must concern the cause and surrounding circumstances of the declarant's death; (b) the declarant, at the time the declaration was made, was under the consciousness of an impending death; (c) the declarant is competent as a witness; and (d) the declaration is offered in a criminal case wherein the declarant's death is the subject of inquiry [People v. Clamor, 198 SCRA 642 (1991)]. Dyspareunia. Legal Med. Painful sexual intercourse in women. [Olarte, Legal Med., 1st Ed. (2004), p. 115].
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-EEarliest opportunity. The general rule is that the question of constitutionality must be raised at the earliest opportunity, so that if not raised by the pleadings, ordinarily it may not be raised at the trial, and if not raised in the trial court, it will not be considered on appeal. [People v. Vera, 37 OG, 164]. Earliest opportunity. Exceptions: (a) In criminal cases where the question may be raised at any stage of the proceedings, either in the trial court or on appeal; (b) in civil cases where it is the duty of the court to pass upon the constitutional question, although raised for the 1st time on appeal, if it appears that a determination of the question is necessary to a decision of the case; and (c) it has also been held that a constitutional question will be considered by an appellate court at any time, where it involves the jurisdiction of the court below. [People v. Vera, 37 OG, 164]. Early childhood care and development (ECCD) system. The full range of health, nutrition, early education and social services pro-grams that provide for the basic holistic needs of young children from birth to age 6, to pro-mote their optimum growth and development. [Sec. 4, RA 8980]. Early neutral evaluation. An alternative dispute resolution (ADR) process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a non-binding assessment by an experienced, neutral person, with expertise in the subject in
the substance of the dispute. [Sec. 3, RA 9285]. Early warning device (EWD). A device consisting of a triangular, collapsible reflectorized plates in red and yellow colors at least 5 cms. at the base and 40 cms. at the sides required to be installed by the owner, user or driver of a moror vehicle at least 4 meters away to the front and rear of such vehicle whenever it is stalled, disabled or parked for 30 minutes or more on any street or highways, incl. expressways or limited access roads. Early warning system. The set of capacities needed to generate and disseminate timely and meaningful warning information to enable individuals, communities and organizations threatened by a hazard to prepare and to act appropriately and in sufficient time to reduce the possibility of harm or loss. A peoplecentered early warning system necessarily comprises 4 key elements: knowledge of the risks; monitoring, analysis and forecasting of the hazards; communication or dissemination of alerts and warnings; and local capabilities to respond to the warnings received. [Sec. 3, RA 10121]. Earn. To obtain money in return for labor or services. Earned leave. Leave earned in accordance with conditions of employment and not taken at the time of severance. Earned surplus. Earnings not paid out as dividends but instead reinvested in the core business or used to pay off debt. See Retained earnings.
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Earnest. Marked by or showing deep sincerity or seriousness. Earnest money. Also Arras. A statutory rule that whenever ear-nest money is given in a contract of sale, it shall be considered as part of the price and as proof of the perfection of the contract. [Art. 1482, CC]. It constitutes an advance payment and must, there-fore, be deducted from the total price. Also, earnest money is given by the buyer to the seller to bind the bargain. [Adelfa Properties v. CA, GR 111238. Jan. 25, 1995]. Earnings. A general term embracing revenue profit, or income. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Easement. Also Servitude. 1. An encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. [Art. 613, CC]. 2. A real right on another's property, corporeal and immovable, whereby the owner of the latter must refrain from doing or allowing somebody else to do or something to be done on his property, for the benefit of another person or tenement. [Quimen v. CA, GR 112331. May 29, 1996]. 3. A right of passage over a neighbor's land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way). Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another's land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well. Easement of light. Also Jus luminum. The right to pierce the wall of one's neighbor to open a window through which the light may enter one's house. [Cortes v. Yu-Tibo, GR 911. Mar. 12, 1903]. Easement of right of way. A type of easement granted or reserved over the land for transportation purposes, such as for a footway, carriageway, trail, driveway, rail line or highway. Easement of right of way. Requisites for a valid grant: (a) The dominant estate is surrounded by other immovables without an adequate outlet to a public highway; (b) the dominant estate is willing to pay the proper indemnity; (c) the isolation was not due to the acts of the dominant estate; and, (d) the right of way being claimed is at a point least prejudicial to the servient estate. [Costabella Corp. v. CA, GR 80511, Jan. 25, 1991]. Easement of right of way. Requisites for claiming thereof: (a) The estate is surrounded by other immovables and is without adequate outlet to a public highway; (b) after payment of the proper indemnity; (c) the isolation was not due to the proprietor's own acts; and (d) the right way claimed is at a point least prejudicial to the servient estate, and in so far as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. [Locsin v. Climaco, 26 SCRA 836]. Easements; how extinguished. (a) By merger in the same person of the own-
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ership of the dominant and servient estates; (b) by nonuser for 10 years; with respect to discontinuous easements, this period shall be computed from the day on which they ceased to be used; and, with respect to continuous easements, from the day on which an act contrary to the same took place; (c) when either or both of the estates fall into such condition that the easement cannot be used; but it shall revive if the subsequent condition of the estates or either of them should again permit its use, unless when the use becomes possible, sufficient time for prescription has elapsed, in accordance with the provisions of the preceding number; (d) by the expiration of the term or the fulfillment of the condition, if the easement is temporary or conditional; (e) by the renunciation of the owner of the dominant estate; (f) by the redemption agreed upon bet. the owners of the dominant and servient estates. [Art. 631, CC]. ECC. See Employees' Compensation Commission or Environmental Compliance Certificate. ECCD. See Early childhood care and development (ECCD) system. ECCD curriculum. The age-appropriate and developmentally appropriate educational objectives, pro-gram of activities, organized learning experiences and recommended learning materials for children that are implemented by service providers through center and homebased programs. [Sec. 4, RA 8980]. ECCD service providers. The various professionals, paraprofessionals, and volunteer caregivers who are directly responsible for the care and education of young children through the various center and home-based programs. [Sec. 4, RA 8980]. Ecclesiastical. Of or relating to the Christian Church or its clergy. Ecclesiastical affair. One that concerns doctrine, creed or form of worship of the church, or the adoption and enforcement within a religious association of needful laws and regulations for the government of the membership, and the power of excluding from such associations those deemed unworthy of membership. [United Church of Christ in the Phils., Inc. v. Bradford United Church of Christ, Inc., GR 171905, June 20, 2012]. Ecclesiastical corporation. A corporation organized fore religious purposes. [Sec. 109, Corp. Code]. Compare with Lay corporation. Ecclesiastical law. Canon law: the body of codified laws governing the affairs of a Christian church. See Canon law. Eclectic. Deriving ideas, style, or taste from a broad and diverse range of sources. Eclectic theory. A theory which is complex since it borrows and combines elements from other existing theories. See Situs theory. Eclecticism. Theory that international law is derived from both natural law because certain rights and duties are inherent and positive law because the obligation to observe international law is voluntary. Ecological. Characterized by the interdependence of living organisms in an environment.
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Ecological profile or Eco-profile. Geographic-based instruments for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. [Sec. 3, RA 7942]. Ecologically-sound. A state, quality or condition of a product, practice, system, development mode, culture, environment and the like, in accord with the 1987 Phil. Consti., and as expounded in the above definition of organic agriculture. [Sec. 3, RA 10068]. Ecology. The life-sustaining interrelationships and interactions of organisms with each other and with their physical surroundings. [Sec. 3, RA 7611]. E-commerce. Economic transactions organized through the Internet. See Electronic commerce. Economic abuse. Acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following: (a) withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse or partner objects on valid, serious and moral grounds as defined in Art. 73 of the Family Code; (b) deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; (c) destroying household property; 4. controlling the victims' own money or properties or solely controlling the conjugal money or properties. [Sec. 3, RA 9262]. Economic and socialized housing. A type of housing project provided to moderately low in-come families with lower interest rates and longer amortization periods. [Sec. 3, BP 220]. Economic community. A group of states that have (a) eliminated trade barriers bet. themselves and (b) established a common external tariff. Economic family size fishpond. An area of fishpond that permits the sufficient use of labor and capital resources of a family and will produce an income sufficient to provide a modest standard of living to meet a family's need for food, clothing, shelter, health and education with allowance for payment of yearly installments on the area, and reasonable reserves to absorb yearly fluctuations in income. [Sec. 3, PD 43]. Economic family-sized farm units. An area of farm land that permits efficient use of labor and capital resources of the farm family and will produce an income sufficient to provide a modest standard of living to meet a farm family's needs for food, clothing, shelter, and education with possible allowance for payment of yearly installments on the land, and reasonable reserves to absorb yearly fluctuations in income. [Sec. 166, RA 3844]. Economic housing. A type of housing project with lower interest rates and longer amortization periods provided to moderately low - income families, as defined under existing laws, rules and regulations. [Sec. 3, RA 9904]. Economic life. The estimated period over which it is anticipated that a machinery may profitably be utilized. [Sec. 3, PD 464].
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Economic nationalism. Ideals: (1) By expressing preference in favor of qualified Filipinos in the grant of rights, privileges and concessions covering the national economy and patrimony and in the use of Filipino labor, domestic materials and locally-produced goods; (2) by mandating the State to adopt measures that help make them competitive; and (3) by requiring the State to develop a self-reliant and independent national economy effectively controlled by Filipinos. [Taada v. Angara, 338 Phil. 546, 580-581 (1997)]. Economic scale. The minimum quantity or volume of goods required to be efficient. [Sec. 4, RA 8435]. Economic strike. Labor. A strike which is to force wage or other concessions from the employer which he is not required by law to grant. [Consolidated Labor Assoc. v. Marsman, 11 SCRA 589 (1964)]. Economic zone. The special economic zones, industrial estates, ex-port processing zones and free trade zones as defined in RA 7916 or the PEZA Law. [Sec. 3, RA 9239]. Economically important species. Species or subspecies which have actual or potential value in trade or utilization for commercial purpose. [Sec. 5, RA 9147]. Economically repairable. That condition of supplies or property which can still be repaired or rehabilitated at a reasonable cost or that in which the cost of repair or rehabilitation would not exceed 60% of the acquisition cost of the item to be repaired or rehabilitated. Changes in monetary rates should be considered in the computation of cost. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Economically unproductive farm. A coconut area where the cost of farm production and maintenance is greater than the generated proceeds or income for a period of at least 3 years. [Sec. 3, RA 8048]. Economies of scale. The decrease in unit cost as more units are produced due to the spreading out of fixed costs over a greater number of units produced. [Sec. 4, RA 8435]. Ecosystem. The ecological community considered together with non-living factors and its environment as a unit. Ecstasy. The term by which Methylenedioxymethamphetamine, an empathogenic drug of the phenethylamine and amphetamine classes of drugs, has become widely known, usu. referring to its street pill form. See Methylenedioxymethamphetamine. EDP. See Electronic Data Processing. Education Act of 1982. BP 232 entitled An Act providing for the establishment and maintenance of an integrated system of education enacted on Sept. 11, 1982. Educational Assistance Act of 1976. PD 932, also known as the "Study Now Pay Later Plan," signed into law on May 13, 1976. Educational community. Those persons or groups of persons as such or associated in institutions involved in organized teaching and learning systems. [Sec. 6, BP 232]. Educational corporation. A stock or nonstock corporation organized to provide facilities for teaching or instruction. It
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maintains a regular faculty and curriculum and have a regular organized body of pupils or students, or attendance at the place where the educational activities are regularly carried on. [Diaz, Bus. Law Rev., 1991 Ed., p. 296]. Educational Loan Fund. Funds made available by lending institutions to service the financial needs of the eligible students. [Sec. 1, PD 932]. Educational Loan Guarantee Fund. The funds to be made available by the govt. for lending institutions to avail in case of defaults in payments of obligations. [Sec. 1, PD 932]. Effective. 1. Successful in producing a desired or intended result. 2. Operative; in effect. Effective absence. One that renders the officer concerned powerless, for the time being, to discharge the powers and prerogatives of his office. [Bautista v. Garcia, GR L-20389, Oct. 31, 1962]. Effective command and control or Effective authority and control. Having the material ability to prevent and punish the commission of offenses by subordinates. [Sec. 3, RA 9851]. Effective nationality principle. Intl. Law. The principle expressed in Art. 5 of the Hague Convention of 1930 on the Conflict of Nationality Laws as follows: Art. 5. Within a 3rd State a person having more than one nationality shall be treated as if he had only one. Without prejudice to the application of its law in matters of personal status and of any convention in force, a 3rd State shall, of the nationalities which any such person possesses, recognize exclusively in its territory either the nationality of the country in which he is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. [Frivaldo v. Comelec, GR 87193. June 23, 1989]. Effective occupation doctrine. Intl. Law. The nationals of the discovering state, in its name or by its authority, must first take possession of the territory. Thereafter, they must establish thereon an organization or govt. capable of making its laws respected. [Sandoval, Pol. Law Reviewer 2003]. Effectivity. Power to be effective; the quality of being able to bring about an effect. Effectivity clause. That part of the statute which announces the effective date of the law. Effectivity of laws. Under Art. 2 of the Civ. Code, the publication of laws must be made in the Official Gazette, and not elsewhere, as a requirement for their effectivity, after 15 days from such publication or after a different period provided by the legislature. [Taada v. Tuvera, GR L-63915. Dec. 29, 1986]. Efficient. 1. Achieving maximum productivity with minimum wasted effort or expense. 2. Working in a well-organized and competent way. Efficient concurring cause. A cause which was operative at the moment of the injury and acted contemporaneously with another to produce the injury, and which was an efficient cause in the sense that except for it, the injury would not have occurred.
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Efficient Use of Paper Rule. AM 11-9-4SC promulgated by the Sup. Court on Nov. 13, 2012 which requires All pleadings, motions, and similar papers intended for the court and quasi-judicial body's consideration and action [courtbound papers] shall be written in single space with a one-and-a-half space bet. paragraphs, using an easily readable font style of the party's choice, of 14size font, and on a 13-inch by 8.5-inch white bond paper. Effluent. 1. Discharge from known sources which is passed into a body of water or land, or waste water flowing out of a manufacturing plant, industrial plant incl. domestic, commercial and recreational facilities. [Sec 4, RA 9275]. 2. Any wastewater, partially or completely treated or any liquid flowing out of mining mill operations, wastewater treatment plants or tailings disposal system. [Sec. 4, DENR AO 95-23]. Effluent standard. 1. Any legal restriction or limitation on quantities, rates, and/or concentrations or any combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or land. [Sec 4, RA 9275]. 2. Restrictions established to limit levels of concentration of physical, chemical and biological constituents which are discharged from point sources. [Sec. 62, PD 1152]. Ei incumbit probatio non qui negat. Lat. He who asserts - not he who denies must prove. A fundamental evidentiary rule in criminal law that the prosecution has the onus probandi of establishing the guilt of the accused. [People v. Parel, GR 108733. Sep. 16, 1996]. Also Ei incumbit probatio qui dicit, non qui negat. Eight-Hour Labor. CA 444, as amended. [Expressly repealed by the Labor Code]. Eject. 1. To throw out forcefully; expel. 2. To compel to leave. Ejection. Expulsion: the act of expelling or projecting or ejecting. Ejectment. The legal remedy available to the owner of a piece of land to remove persons in possession who have no right to be there. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Ejectment. Grounds: (a) When the period agreed upon, or that which is fixed for the duration of leases under Arts. 1682 and 1687, has expired; (b) lack of payment of the price stipulated; (c) violation of any of the conditions agreed upon in the contract; (d) when the lessee devotes the thing leased to any use or service not stipulated which causes the deterioration thereof; or if he does not observe the requirement in No. 2 of Art. 1657 of the Civ. Code, as regards the use thereof. [Art. 1673, CC]. Ejectment suit. A suit brought before the proper inferior court to recover physical possession only or possession de facto and not possession de jure, where dispossession has lasted for not more than one year. [De Leon v. CA, GR 96107. June 19, 1995]. Ejusdem generis. Stat. Con. Lat. Of the same kind; An enumeration of a class of things includes all others of the same class. 1. This is based on the rule of classification; when general words follow particular or specific words, the general words are deemed to include
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only such things or objects as are of the same kind as those enumerated. 2. Under this doctrine, where general terms follow the designation of particular things or classes of persons or subjects, the general term will be construed to comprehend those things or persons of the same class or of the same nature as those specifically enumerated. [Crawford, Stat. Con., p. 191; Go Tiaco v. Union Ins. Society of Camilan, 40 Phil. 40; Mutuc v. Comelec, 36 SCRA 228]. El deudor de mi deudor es deudor mio. Sp. My debtor's debtor is my own debtor. This legal maxim finds sanction in Art. 1177, New Civ. Code which provides that "creditors, after having pursued the property in possession of the debtor to satisfy their claims, may exercise all the rights and bring all the actions of the latter (debtor) for the same purpose, save those which are inherent in his person; they may also impugn the acts which the debtor may have done to defraud them. [Goldstar Mining Co., Inc. Lim-Jimena v. GR L-25301, Oct. 26, 1968]. El diablo. Firecrackers tubular in shape about 1 inches in length and less than inch in diameter with a wick; also known as labintador [Sec. 2, RA 7183]. El penado. Sp. Delicuente condenado a una pena. Eng. a convict or a person already sentenced by final judgment. [Baking v. Dir. of Prisons, GR L-30364. July 28, 1969]. El que es causa de la causa es causa del mal causado. Sp. He who is the cause of the cause is the cause of the evil caused. One is liable for all the direct and natural consequences of his unlawful act even if the ultimate result had not been intended. (People v. Ural, GR L-30801, Mar. 27, 1974]. Elder. Of a greater age. Elderly. Old or aging. See Senior citizen. Elect. 1. To select by vote for an office or for membership. 2. To pick out; select. Election. 1. A choosing or a selection by those having a right to participate [in the selection] of those who shall fill the offices, or of the adoption or rejection of any public measures affecting the territory involved. [Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973]. 2. Choice; selection. The selection of one person from a specified class to discharge certain duties in a state, corporation, or a society. [Quiem v. Seria, GR L-22610. June 30, 1966]. Election campaign or Partisan political activity. An act designed to promote the election or defeat of a particular candidate or candidates to a public office. [Bugtong, Diosdado C., CSC Res. 970807, Jan. 28, 1997]. Election contests. 1. Election protests or petitions for quo warranto. [Sec. 3, Rule 1, AM 10-4-1-SC, May 4, 2010]. 2. Adversary proceedings by which matters involving the title or claim of title to an elective office, made before or after proclamation of the winner, is settled whether or not the contestant is claiming the office in dispute and in the case of elections of barangay officials, it is restricted to proceedings after the proclamation of the winners as no preproclamation controversies are allowed. [Taule v. Santos, GR 90336. Aug. 12, 1991].
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Election law. A study of law, rules and procedures involving the conduct of election of all public officials who will exercise the powers of govt. as allocated to and within their functions and responsibilities. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 2]. Election of remedies doctrine. A doctrine developed to prevent a plaintiff from a double recovery for a loss, making the person pursue only one remedy in an action. Although its application is not restricted to any particular cause of action, it is most commonly employed in contract cases involving fraud, which is a misrepresentation of a material fact that is intended to deceive a person who relies on it. Election protest. 1. An election contest involving the election and returns of municipal elective officials, grounded on fraud or irregularities committed in the conduct of the elections, i.e., in the casting and the counting of the ballots, in the consolidation of votes and in the canvassing of returns, not otherwise classified as a pre-proclamation controversy cognizable by the Comelec. The issue is who obtained the plurality of valid votes cast. [Sec. 3, Rule 1, AM 10-41-SC, May 4, 2010]. 2. Strictly a contest bet. the defeated and the winning candidates, based on the grounds of electoral frauds and irregularities, to determine who bet. them has actually obtained the majority of the legal votes cast and is entitled to hold the office. It can only be filed by a candidate who has duly filed a certificate of candidacy and has been voted for in the preceding elections. [Lokin v. Comelec, GR 179431-32, GR 180443, June 22, 2010]. Election returns. 1. A machine-generated document showing the date of the election, the province, municipality and the precinct in which it is held and the votes in figures for each candidate in a precinct directly produced by the counting machine. [Sec. 2, RA 8436]. 2. A document showing the date of the election, the municipality in which it is held, and other data, and containing the votes in words and in figures for each candidate in a precinct. [Sec. 2, RA 8046]. 2. The document showing the date of the election, the province, city, municipality and the period in which it is held, and the votes in figures for each candidate in a precinct or clustered precincts. [The 2010 Rules of the PET, Rule 2, AM 104-29-SC, May 4, 2010]. Elective officials. [Those who] occupy their office by virtue of the mandate of the electorate. They are elected to an office for a definite term and may be removed therefrom only upon stringent conditions. [Farias v. Exec. Sec., 463 Phil. 179, 205-208 (2003)]. Compare with Appointive officials. Electoral processes. Election-related activities and proceedings incl. registration, candidacy, campaign, voter education and casting of vote Electoral. Of or relating to elections or electors. Electorate. All the people entitled to vote in an election. Electric. Of, worked by, charged with, or producing electricity. Electric cooperative. 1. An electric distribution utility organized and registered pursuant to PD 269, as amended, RA
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9520, and other related laws. [Sec. 4, RA 10531]. 2. A distribution utility organized pursuant to PD 269, as amended, or as otherwise provided under RA 9136. [Sec. 4, RA 9136]. Electric locomotive. Power plant mounted on wheels as used in the railroad transportation industry. [Sec. 2, RA 7920]. Electric plant. An establishment or a system for the production and modification of electric energy. [Sec. 2, RA 7920]. Electric power industry participant. Any person or entity engaged in the generation, transmission, distribution or supply of electricity. [Sec. 4, RA 9136]. Electric Power Industry Reform Act (EPIRA) of 2001 or RA 9136. The law mandating the restructuring of the electric power sector and the privatization of the Natl. Power Corp. Electric supply equipment. Any equipment which produces, modifies, regulates, or controls the supply of electric energy. [Sec. 2, RA 7920]. Electrical. 1. Operating by or producing electricity. 2. Concerned with electricity. Electrical arc. An extremely hot luminous bridge formed by passage of an electric current across a space bet. 2 conductors or terminals due to the incandescence of the conducting vapor. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Electrical engineering, Practice of. A person is deemed to be in the practice of electrical engineering when he renders or offers to render professional electrical engineering service. [Sec. 2, RA 7920]. Electrical system design. The choice of electrical systems, incl. planning and detailing of requirements for protection, control, monitoring, coordination and interlocking of electrical systems among others. [Sec. 2, RA 7920]. Electrofishing. 1. The use of electricity generated by batteries, electric generators and other source of electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently recovered. [Sec. 4, RA 8550]. 2. The use of electricity generated by dry-cell batteries, electric generators or other sources of electric power to kill, stupefy, disable or render unconscious fish or fishery or aquatic products in both fresh and salt water areas. [Sec. 3, PD 704]. 3. The use of electricity generated by dry cell batteries, electric generators or other source of electric power to kill, stupefy, disable or render unconscious fish or fishery or aquatic products. It shall include the use of rays or beams of whatever nature, form or source of power. [Sec. 1, PD 534]. Electronic. Of, implemented on, or controlled by a computer or computer network. Electronic commerce. Commonly known as e-commerce, it is a type of industry where buying and selling of product or service is conducted over electronic systems such as the internet and other computer networks. Electronic Commerce Act. RA 8792 entitled An Act providing for the recognition and use of electronic commercial and non-commercial transactions and documents, penalties for unlawful use
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thereof and for other purposes enacted on June 14, 2000. Electronic data. 1. Data in general that is exchanged via electronic communication lines. 2. Digital data in particular. 3. Computer-processable data as opposed to executable code. Electronic data message. Information generated, sent, received or stored by electronic, optical or similar means. [Sec. 5, RA 8792]. Electronic Data Processing (EDP). The use of automated methods to process commercial data. Typically, this uses relatively simple, repetitive activities to process large volumes of similar information. Electronic document. 1. Information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be prove and affirmed, which is receive, recorded, transmitted, stored, processed, retrieved or produced electronically. [Sec. 5, RA 8792]. 2. The record of information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieve or produced electronically. It includes digitally-signed documents and any printout or output, readable by sight or other means, that accurately reflects the electronic document. For purposes of the Rules, an electronic document refers to either the picture image of the ballots or the electronic copies of the election returns, the statements of votes, the certificates of canvass, the audit log, and other electronic data processed by the PCOS and consolidation machines. [Sec. 3, Rule 1, AM 10-4-1-SC, May 4, 2010]. 3. Information or the representation of information, data, figures, symbols, or other modes of written expression, described or however represented, by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieve, or produced electronically and includes digitally signed documents and any print-out or output, readable by sight or other means, which accurately reflects the electronic document. [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010]. Electronic Election Returns. Copies of the election returns in electronic form generated by the PCOS machine and electronically transmitted to the Municipal or City Board of Canvassers for the official canvass, to conduct a parallel count, and the Kapisanan ng mga Brodkaster sa Pilipinas (KBP). [The 2010 Rules of the PET, Rule 2, AM 10-4-29SC, May 4, 2010]. Electronic key. A secret code which secures and defends sensitive information that crossover public channels into a form decipherable only with a matching electronic key. [Sec. 5, RA 8792]. Electronic signature. Any distinctive mark, characteristic and/or sound in electronic from, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the inten-
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tion of authenticating or approving an electronic data message or electronic document. [Sec. 5, RA 8792]. Electronic transmission. The act of conveying data in electronic form from one location to another. [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010; Sec. 3, Rule 1, AM 10-4-1-SC, May 4, 2010]. Eleemosynary. Of, relating to, or dependent on charity; charitable. Eleemosynary corporation. A corporation established for or devoted to charitable purposes or those supported by charity. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Civil corporation. Elementary education. 1. The 2nd stage of compulsory basic education which is composed of 6 years. The entrant age to this level is typically 6 years old. [Sec. 4, RA 10533]. 2. The 1st stage of compulsory, formal education primarily concerned with providing basic education and usu. corresponding to 6 or 7 grades, incl. pre-school programs. [Sec. 20, BP 232]. Elements of a crime. Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (a) that a crime has actually occurred, (b) that the accused intended the crime to happen, and (c) a timely relationship bet. the 1st 2 factors. Eligibility. The state of being qualified or entitled to be chosen by election or appointment. Eligible. A person who obtains a passing grade in a civil service examination or is granted a civil service eligibility and whose name is entered in the register of eligibles. [Sec. 5, Chap. 1, Subtitle A, EO 292; Sec. 3, PD 807]. Emancipation. 1. It takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of 21 years. Emancipation also takes place: (a) by the marriage of the minor; or (b) by the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least 18 years of age. Such emancipation shall be irrevocable. [Art. 234, FC]. 2. The act of freeing a person who is under the legal authority of another such as a child before the age of majority from that control such as a child reaching the age of majority. The term was also used, when slavery was legal, to describe a former slave that had bought or been given freedom from his master. Emancipation patent. It constitutes conclusive authority for the issuance of an Original Certificate of Transfer, or a Transfer Certificate of Title, in the name of the grantee. Clearly, it is only after compliance with the conditions (in the certificate of land transfer under PD 27) which entitle a farmer or grantee to an emancipation patent that he acquires the vested right of absolute ownership in the landholding - a right which has become fixed and established, and is no longer open to doubt or controversy. At best, the farmer or grantee, prior to compliance with these conditions, merely possesses a contingent or expectant right of ownership over the landholding.
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[Pagtalunan v. Tamayo, GR 54281. Mar. 19, 1990]. Embalm. To treat a corpse with preservatives in order to prevent decay. Embalmer. A person who practices embalming. [Sec. 89, PD 856]. Embalming. Preparing, disinfecting and preserving a dead body for its final disposal. [Sec. 89, PD 856]. Embargo. Intl. Law. 1. The detention by the state seeking redress of the vessels of the offending state or its nationals, whether such vessels are found in the territory of the former or on the high seas. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 126]. 2. An act of international military aggression where an order is made prohibiting ships or goods from leaving a certain port, city or territory and may be enforced by military threat of destroying any vehicle that attempts to break it or by trade penalties. The word has also come to refer to a legal prohibition of trade with a certain nation or a prohibition towards the use of goods or services produced by or within a certain nation. Embattled. Prepared or fortified for battle or engaged in battle. Embattled area. An area such as a portion of a province, city or municipality, where there is actual or imminent danger of disorder, riot, lawless violence, rebellious or seditious conspiracy, insurgency, subversion or other criminal activities of such magnitude as to greatly endanger lives and properties and set back or hamper the progress and effective implementation of the economic, social, political and other development and reform programs therein. [Sec. 1, PD 1162]. Ember. a hot piece or lump that remains after a material has partially burned, and is still oxidizing without the manifestation of flames[Sec. 3, PD 1185; Sec. 3, RA 9514]. Embezzle. 1. To take money, for example, for one's own use in violation of a trust. 2. To convert money or property entrusted to one fraudulently to one's own use. Embezzlement. Crim. Law. 1. The illegal transfer of money or property that, although possessed legally by the embezzler, is diverted to the embezzler personally by his fraudulent action. 2. The fraudulent appropriation by a person to his own use or benefit or property or money entrusted to him by another. Embezzlement. Crim. Law. Also Estafa with abuse of confidence. Elements: (a) that personal property is received in trust, on commission, for administration or under any other circumstance involving the duty to make delivery of or to return the same, even though the obligation is guaranteed by a bond; (b) that there is conversion or diversion of such property by the person who has so received it or a denial on his part that he received it; (c) that such conversion, diversion or denial is to the injury of another, and (d) that there be demand for the return of the property, [Saddul v. CA, GR 91041. Dec. 10, 1990]. Emblem. The Red Cross, Red Crescent, and Red Crystal emblem. [Sec. 3, RA 10530].
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Emergency. 1. Unforeseen or sudden occurrence, esp. danger, demanding immediate action. [Sec. 3, RA 10121]. 2. An unforeseen combination of circumstances which calls for immediate action to preserve the life of a person or to preserve the sight of one or both eyes; the hearing of one or both ears; or 1 or 2 limbs at or above the ankle or wrist. [Sec. 1, RA 9241]. 3. A condition or state of a patient wherein based on the objective findings of a prudent medical officer on duty for the day there is immediate danger and where delay in initial support and treatment may cause loss of life or cause permanent disability to the patient. [Sec. 2, RA 8344]. 4. Any event or occurrence wherein the need for supplies or property has become exceptionally urgent or absolutely indispensable and only to prevent imminent danger to, or loss of, life or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Emergency management. The organization and management of resources and responsibilities for addressing all aspects of emergencies, in particular preparedness, response and initial recovery steps. [Sec. 3, RA 10121]. Emergency Medical and Dental Treatment Law. RA 1054. [Expressly repealed by the Labor Code]. Emergency rule. Civ. Law. Under the rule, one who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger, is not guilty of negligence, if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence. [McKee v. IAC, GR 68102. July 16, 1992]. Emergency treatment and support. Any medical or surgical measure within the capability of the hospital or medical clinic that is administered by qualified health care professionals to prevent the death or permanent disability of a patient. [Sec. 2, RA 8344]. Emigrant. Any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination. [Art. 13, LC]. Emigrate. To leave one's own country in order to settle permanently in another. Eminent. Distinguished; outstanding; notable; prominent; great. Eminent domain. Supreme lordship. The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. Eminent domain, Power of. 1. The power of govt. to take private property for public use. [Benguet v. Rep., GR L-71412. Aug. 15, 1986]. 2. The power of govt. to take and appropriate private property for public use, which can be done only if due process is complied with and just compensation is paid. While eminent domain and expropriation are usu. synonymous, eminent domain refers to the right, while expropriation refers to the process. 3. Government's right to appropriate, in the nature of a compulsory sale to the State, private property for
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public use or purpose. [Moday v. CA, GR 107916. Feb. 20, 1997]. Emission. The act of passing into the atmosphere an air contaminant, pollutant, gas stream and unwanted sound from a known source. [Sec. 62, PD 1152]. Emolument. 1. Fees, fixed salary, and compensation which the incumbent of an office is by law entitled to receive because he holds such office or performed some service required of the occupant thereof. 2. The profit arising from office or employment; that which is received as compensation for services or which is annexed to the possession of an office, as salary, fees and perquisites. [Phil. Consti. Assoc. v. Gimenez, GR L23326. Dec. 18, 1965]. Emotional. Arousing or characterized by intense feeling. Emotional neglect. [It occurs] when the child is maltreated, raped, seduced, exploited, overworked, or made to work under conditions not conducive to good health; or is made to beg in the streets or public places; or when children are in moral danger, or exposed to gambling, prostitution, and other vices. [Sec. 2, RA 9523]. Compare with Physical neglect. Emotionally neglected children. There is emotional neglect when children are maltreated, raped or seduced; when children are exploited, overworked or made to work under conditions not conducive to good health; or are made to beg in the streets or public places, or when children are in moral danger, or exposed to gambling, prostitution and other vices. [Art. 141, PD 603]. Empathy. A shared feeling bet. husband and wife experienced not only by having spontaneous sexual intimacy but a deep sense of spiritual communion. Marital union is a 2-way process. [Ilusorio v. Ilusorio-Bildner, GR 139789. July 19, 2001]. Employ. To suffer or permit to work. [Art. 97, LC]. Employee. 1. Labor. Any individual employed by an employer. [Art. 97, LC]. 2. Health Ins. Any person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensation for such services, where there is an employer-employee relationship. [Sec. 1, RA 9241]. Employee of den, dive or resort. The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof. [Sec 3, RA 9165]. Employees' Compensation Commission (ECC). The agency created under the Labor Code (PD 442) to initiate, rationalize and coordinate the policies of the employees' compensation program. [Art. 176, LC]. Employees' Compensation Law. PD 626, as amended, (which) grants disability benefits to those who suffer loss or impairment of a physical or mental function resulting from injury arising out of, or in the course of employment, or from
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any illness accepted as an occupational disease listed by the ECC or any illness subject to proof that the risk of contracting the same was increased by the claimant's working conditions. [GSIS v. CA, GR 115243. Dec. 1, 1995]. Employer. 1. Labor. Any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the Govt. and all its branches, subdivisions and instrumentalities, all GOCCs and institutions, as well as non-profit private institutions or organizations. [Art. 97, LC]. 2. Health Ins. A natural or juridical person who employs the services of an employee. [Sec. 1, RA 9241]. 3. Any parent, legal guardian or producer acting as employer who hires or engages the services of any child below 15 years of age. [Sec. 2, RA 7658]. 4. Batas Kasambahay. Any person who engages and controls the services of a domestic worker and is party to the employment contract. [Sec. 4, RA 10361]. Employer-employee relationship. Labor. Elements: (a) Selection and engagement of the employee; (b) payment of wages; (c) power of dismissal; and (d) the power to control the employee's conduct. [Vallum Security Services v. NLRC. GR 97320-27, July 30, 1993]. Employer's Liability Act. Act 1874. [Expressly repealed by the Labor Code]. Employment. 1. Renumerative work either for an employer or selfemployment. [Sec. 1, Rule 1, Book 2, IRR of LC]. 2. In case of private employers includes all employment or work at a trade, occupation or profession exercised by an employer except domestic service. [Sec. 39, RA 4119]. Empowerment. Providing authority, responsibility and information to people directly engaged in agriculture and fishery production, primarily at the level of the farmers, fisherfolk and those engaged in food and non-food production and processing, in order to give them wider choices and enable them to take advantage of the benefits of the agriculture and fishery industries. [Sec. 4, RA 8435]. Emptio or Emtio. Lat. Purchase or the contract in which something is bought. Emptio res speretae. Lat. Sale of things having a potential existence. [Art. 1461, CC]. Emptio spei. Lat. Sale of mere hope or expectancy. [Art. 1461, CC]. En banc. All the Justices of a court sitting together. Appellate courts can consist of several Justices, but often they hear cases in panels of 3 or 5 Justices. If a case is heard or reheard by the full court, it is heard en banc. En concepto de dueo. Sp. Under claim of title; adverse, as in possession. [Cuaycong v. Benedicto, 37 Phil. 781]. En cuadrilla. In group or band. See Band. En juicio contradictorio. Sp. Adversarial proceedings. Ordinary action. [Martinez v. Martinez, GR 445. Mar. 31, 1902]. En passant. Fr. In passing. Enact. To make into law. Enacting clause. It is that part of the statute which indicates the authority which promulgated the enactment. [Suarez, Stat. Con., (1993), p. 46].
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Enactment. A law or a statute; a document which is published as an enforceable set of written rules is said to be enacted. Encargado. See Coordinator. Encephalitis. The inflammation of the brain and its coverings (the meninges) which produce disturbances of sensorium, seizures, drowsiness, delirium, and, rarely, coma. [Rase v. NLRC, GR 110637. Oct. 7, 1994]. Encumber. To restrict or burden someone or something in such a way that free action or movement is difficult. Encumbered property. Real or personal property of the debtor upon which a lien attaches. [Sec. 4, RA 10142]. Encumbrance. 1. Anything that impairs the use or transfer of property; anything which constitutes a burden on the title; a burden or charge upon property; a claim on lien upon property. A legal claim on an estate for the discharge of which the estate is liable; an embarrassment of the estate or property so that it cannot be disposed of without being subject to it; an estate, interest, or right in lands, diminishing their value to the general owner; a liability resting upon an estate. [Rep. v. CA, GR 100709. Nov. 14, 1997]. 2. Every right to, or interest in, the land which may subsist in 3rd persons, to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance; any (act) that impairs the use or transfer of property or real estate. [Roxas v. CA, GR 92245. June 26, 1991]. 3. Legal right to hinder or impede the transfer of ownership. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Encumbrancer. A lien or mortgage holder; one who has a legal claim against an estate. Encyclopedia. A book or series of books arranged alphabetically by topics containing information on areas of law, incl. citations to support the information. Endangered. Seriously at risk of extinction. Endangered rare or threatened species. Aquatic plants, animals, incl. some varieties of corals and sea shells in danger of extinction as provided for in existing fishery laws, rules and regulations. [Sec. 4, RA 8550]. Endangered species. Species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating. [Sec. 5, RA 9147]. Endemic. Regularly found among particular people or in a certain area. Endemic species. Species or subspecies which is naturally occur-ring and found only within specific areas in the country. [Sec. 5, RA 9147]. Endorse. To write on the back of; esp. to sign one's name as payee on the back of a check in order to obtain the cash or credit represented on the face. Endorsement. 1. A signature on the back of the bill of exchange by which the person to whom the note is payable transfers it by thus making the note payable to the bearer or to a specific person. 2. The act of a payee, drawee, accommodation party, or holder of a negotiable instrument in signing the back of the instrument, with or without qualifying
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words, to transfer rights in the instrument to another. See Rider. Endow. To provide with property, income, or a source of income. Endowment. The transfer of money or property [usu. as a gift] to a public organization for a specific purpose, such as medical research or scholarships. End-to-end. Throughout; from first to last. End-to-end warning system. [It is] used to emphasize that warning systems need to span all steps from hazard detection to community response. [Sec. 3, RA 10121]. End-user. The person who actually uses a particular product. End-user of electricity. Any person or entity requiring the supply and delivery of electricity for its own use. [Sec. 4, RA 9136]. Energy. Usable heat or power. Energy plantation. A scheme whereby fast-growing crops or trees such as ipilipil are deliberately and systematically planted in order to continuously provide fuel to a power generating station located at the site. [Sec. 2, PD 1068]. Energy projects. Activities or projects relative to the exploration, extraction, production, importation-exportation, processing, transportation, marketing, distribution, utilization, conservation, stockpiling, or storage of all forms of energy products and resources. [Sec. 3, RA 7638]. Energy Regulatory Commission (ERC). The regulatory agency created under RA 9136. [Sec. 4, RA 9136]. Enervate. To debilitate. Enforced. Forced or compelled or put in force. Enforced disappearance. See Enforced or Involuntary disappearance. Enforced disappearances. [They] are attended by the following characteristics: an arrest, detention or abduction of a person by a government official or organized groups or private individuals acting with the direct or indirect acquiescence of the government; the refusal of the State to disclose the fate or whereabouts of the person concerned or a refusal to acknowledge the deprivation of liberty which places such persons outside the protection of law. [Sec. of Natl. Defense v. Manalo, GR 180906, Oct. 7, 2008]. Enforced or Involuntary disappearance. The arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which places such person outside the protection of the law. [Sec. 3, RA 10353]. Enforced or Involuntary disappearance of persons. The arrest, detention, or abduction of persons by, or with the authorization support or acquiescence of, a State or a political organization fol-
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lowed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing from the protection of the law for a prolonged period of time. [Sec. 3, RA 9851]. Engaging in business. Pursuing an occupation or employment as a livelihood or source of profit and must be a series of acts rather than the doing of a single act pertaining to the particular business. English Exchequer Rule. Evid. A specie of a mid-1800 rule pursuant to which "a trial court's error as to the admission of evidence was presumed to have caused prejudice and therefore, almost automatically required a new trial. [People v. Teehankee, GR 111206-08. Oct. 6, 1995]. See Harmless error. English rule. 1. The rule that crimes committed aboard foreign merchant vessels can be tried in the courts of that country, unless they merely affect thing within the vessel or they refer to the internal management thereof. 2. The rule that crimes perpetrated under such circumstances aboard a foreign merchant vessel are in general triable in the courts of the country within territory they were committed. [People v. Wong Cheng, GR L-18924, Oct. 19, 1922]. Compare with French rule. Enhanced Basic Education Act of 2013. RA 10533 entitled An Act Enhancing the Phil. Basic Education System by Strengthening its Curriculum and Increasing the Number of Years for Basic Education, Appropriating Funds Therefor and for Other Purposes enacted on May 15, 2013. Enhanced basic education program. [A program that] encompasses at least 1 year of kindergarten education, 6 years of elementary education, and 6 years of secondary education, in that sequence. Secondary education includes 4 years of junior high school and 2 years of senior high school education. [Sec. 4, RA 10533]. Enjoin. To order a person to perform, or to abstain and desist from performing a specified act or course of conduct. Enjoining. An order by the court telling a person to stop performing a specific act. See Injunction. Enormity of order. That circumstance wherein the supplies or property to be delivered exceed the normal requirement or is out of proportion to the usual volume of orders. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Enquiry. Pub. Intl. Law. An ascertainment of the pertinent facts and issues in a dispute. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1077]. Enriquecimiento torticero. Sp. Unjust enrichment. That obtained with injustice and injury to another person is con sidered illegal and ineffective in law. See Unjust enrichment. Enrolled. Entered or registered in a roll, list, or record. Enrolled bill. A declaration by the 2 houses, through their presiding officers, to the Pres., that a bill, thus attested, has received in due form, the sanction of the legislative branch of the government, and that it is delivered to him in obedience to the constitutional requirement that all bills which pass Congress shall
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be presented to him. And when a bill, thus attested, receives his approval, and is deposited in the public archives, its authentication as a bill that has passed Congress should be deemed complete and unimpeachable. [Tolentino v. Sec. of Finance, GR 115525. Aug. 25, 1994]. Enrolled bill doctrine. The doc-trine under which a court may not look behind a [legislative] bill, enrolled and certified by the appropriate officers, to determine if there are any defects. [Dissenting Opinion, Regalado J. in Tolentino v. Sec. of Finance, GR 115525. Aug. 25, 1994]. Enrollment. The process to be determined by the Phil. Health Ins. Corp. (PHIC) in order to enlist individuals as members or dependents covered by the Natl. Health Insurance Program. [Sec. 1, RA 9241]. Enslave. To cause someone to lose freedom of choice or action. Enslavement. The exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children. [Sec. 3, RA 9851]. Entity. A person or legally recognized organization. Entrap. 1. To lure into danger, difficulty, or a compromising situation. 2. To lure into performing a previously or otherwise uncontemplated illegal act. Entrapment. 1. The employment of such ways and means for the purpose of trapping or capturing a lawbreaker. [People v. Ramos, Jr., 203 SCRA 237 (1991)]. 2. The act of inducing a person to commit a crime so that a criminal charge will be brought against him. Compare with Instigation. Entregarla. Sp. (Entregar) To turn over. [Used in People v. Cuevo, 191 Phil. 622 (1981)]. Entrepreneur. A loanword from French commonly used to describe an individual who organizes and operates a business or businesses, taking on financial risk to do so. Entrepreneurship. Training for selfemployment or assisting individual or small industries. [Art. 44, LC]. Entrepreneurship training. The training schemes to develop persons for selfemployment or for organizing, financing and/or managing an enterprise. [Sec. 1, Rule 1, Book 2, IRR of LC]. Entrust. 1. To assign the responsibility for doing something to someone. 2. To put something into someone's care or protection. Entrustee. 1. The person having or taking possession of goods, documents or instruments under a trust receipt transaction, and any successor in interest of such person for the purpose or purposes specified in the trust receipt agreement. [Sec. 3, PD 115]. 2. One having or taking possession of goods, documents or instruments under a trust receipt transaction, and any successor in interest of such person for the purpose of payment specified in the trust receipt agreement. [Ching v. Sec. of Justice, GR 164317, 6 Feb. 2006]. Entrustee, Obligations of. To (1) hold the goods, documents or instruments in trust for the entruster and shall dispose of them strictly in accordance with the
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terms and conditions of the trust receipt; (2) receive the proceeds in trust for the entruster and turn over the same to the entruster to the extent of the amount owed to the entruster or as appears on the trust receipt; (3) insure the goods for their total value against loss from fire, theft, pilferage or other casualties; (4) keep said goods or the proceeds therefrom whether in money or whatever form, separate and capable of identification as property of the entruster; (5) return the goods, documents or instruments in the event of non-sale or upon demand of the entruster; and (6) observe all other terms and conditions of the trust receipt not contrary to the provisions of PD 115. [Ching v. Sec. of Justice, GR 164317, 6 Feb. 2006]. Entruster. 1. The person holding title over the goods, documents, or instruments subject of a trust receipt transaction, and any successor in interest of such person. [Sec. 3, PD 115]. 2. [One] entitled to the proceeds from the sale of the goods, documents or instruments released under a trust receipt to the entrustee to the extent of the amount owed to the entruster or as appears in the trust receipt; or to the return of the goods, documents or instruments in case of non-sale; and to the enforcement of all other rights conferred on him in the trust receipt, provided these are not contrary to the provisions of the document. [Ching v. Sec. of Justice, GR 164317, 6 Feb. 2006]. Entry. Customs Law. 1. The documents filed at the Customs house. 2. The submission and acceptance of the documents. 3. The procedure of passing goods through the Customs house. [Rodriguez v. CA, GR 115218. Sep. 18, 1995]. Entry. 1. Crim. Law. The act of unlawfully going onto the premises of another with the intention of committing a crime. 2. Prop. The act of going upon another person's land with the intention of asserting the right to possession. 3. Rem. Law. The decision or judgment so entered or recorded. Entry of judgment. 1. A certification indicating the date when the final decision or resolution of the Court has become executory and entered in the book of judgments. [The Internal Rules of the Sup. Court, AM 10-4-20-SC, May 4, 2010]. 2. A statement of conclusion reached by the court and placed in the court record. Enucleation. The removal of the eye ball from the orbit after the optic nerve and eye muscles have been severed. [Sec. 4, DOH AO 11-95]. Environment. The conditions, influences, or forces which affect the desirability and value of property, as well as the effect on people's lives. Environmental cases. Rem. Law. Civil, criminal and special civil actions before the RTCs, Metropolitan Trial Courts, MTCs in Cities, MTCs and MCTCs involving enforcement or violations of environmental and other related laws, rules and regulations. [Rules of Procedure for Environmental Cases, AM 09-68-SC, Apr. 29, 2010]. Environmental compliance certificate (ECC). The document issued by the govt. agency concerned certifying that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of
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the environmental impact statement system. [Sec. 3, RA 7942]. Environmental impact. The alteration, to any degree, of environmental conditions or the creation of a new set of environmental conditions, adverse or beneficial, to be induced or caused by a proposed project. [Sec. 62, PD 1152]. Environmental impact statement (EIS). The document which aims to identify, predict, interpret, and communicate information regarding changes in environmental quality associated with a proposed project and which examines the range of alternatives for the objectives of the proposal and their impact on the environment. [Sec. 3, RA 7942]. Environmental management system. The part of the overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and re-sources for developing, implementing, achieving, reviewing and maintaining the environment policy. [Sec 4, RA 9275]. Environmental management. The entire system which includes, but is not limited to, conservation, regulation and minimization of pollution, clean production, waste management, environmental law and policy, environmental education and information, study and mitigation of the environmental impacts of human activity, and environmental research. [Sec 4, RA 9275]. Environmental planner. A person engaged in the practice of environmental planning and duly registered with the Board of Environmental Planning. [Sec. 2, PD 1308]. Environmental planning. Activities concerned with the management and development of land, as well as the preservation, conservation, and rehabilitation of the human environment. [Sec. 2, PD 1308]. Environmental Protection Order (EPO). Rem. Law. An order issued by the court directing or enjoining any person or govt. agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the environment. [Rules of Procedure for Environmental Cases, AM 09-6-8-SC, Apr. 29, 2010]. Environmentally critical areas. Terrestrial, aquatic and marine areas that need special protection and conservation measures as they are ecologically fragile. [Sec. 3, RA 7611]. Envoy. Intl. Law. A messenger or representative, esp. one on a diplomatic mission. See Diplomat or Ambassador. Envoy extraordinary. Intl. Law. A Minister plenipotentiary, ranking below an ambassador and above a charg d'affaires. See Ministers plenipotentiary. Envoy extraordinary and minister plenipotentiary. Intl. Law. A diplomatic agent accredited to a government. Eo nomine. Lat. By or under that name. It is used in the context of sovereign immunity. For example, to state that a State would be subject to a suit eo nomine in its own courts means that acc. to natural law, a sovereign, like a state, could not be sued in its own court based on a right it created. Epilepsy. A symptom of some underlying brain damage or disorder. [People v. Antonio, GR 107950. June 17, 1994].
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EPIRA. See Electric Power Industry Reform Act of 2001. EPO. See Environmental Protection Order. Equal division rule. Succ. The general rule that relatives in the same degree shall inherit in equal shares, subject to the following exceptions: (a) Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter; (b) should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita; and (c) should they be of different lines but of equal degree, shall go to the paternal and the other half to the maternal ascendants. In each line the division shall be made per capita. [Arts. 962, 987 and 1006, CC]. Equal Opportunity for Employment (for Persons with Disability). The same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as are accoded to a qualified able bodied person which a qualified employee with disability shall be subject to. [Sec. 1, RA 10524]. Equal Pay for Equal Work. Labor. The legal truism which means that persons who work with substantially equal qualification, skill, effort and responsibility, under similar conditions, should be paid similar salaries. Equal protection clause. [It] means that no person or class of persons shall be deprived of the same protection of laws which is enjoyed by other persons or other classes in the same place and in like circumstances. [Abakada Guro Party List v. Ermita, GR 168056, 1 Sept. 2005]. Equal protection of the law. Consti. Law. 1. All persons or things similarly situated must be treated alike both as to the rights conferred and the liabilities imposed. [Assoc. of Small Landowners v. Sec. of Agrarian Reform, GR 78742. July 14, 1989]. 2. The guarantee in the Phil. Consti. that all persons be treated equally by the law. Equality. Access or provision of equal opportunities where individuals are protected from being discriminated against. Equality in taxation. This is accomplished when the burden of the tax falls equally and impartially on all the persons and property subject to it, so that no higher rate or greater levy in proportion to value is imposed on one person or species of property than on others similarly situated or of like character. [Villanueva v. City of Iloilo, GR sL26521. Dec. 28, 1968]. Equality principle. Succ. Principle in the institution of heirs which states that heirs who are instituted without designation of shares shall inherit in equal parts. [Art. 846, CC]. Compare with Individuality principle and Simultaneity principle. Equipment. 1. All articles needed to outfit an individual or organization which do not lose their identify when used or applied. The term refers to typewriters, adding machines, computers, printers, vehicles, weapons and other similar items. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Those articles that are not necessarily so consumed, but which may survive the particular work
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and be further used on work of like character. [Kilosbayan, Inc. v. Morato, GR 118910. July 17, 1995]. Compare with Supply. Equipment bonds. Corp. Law. Bonds secured by a mortgage or pledge on corporate movable property. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Equipoise. Balance of forces or interests. Equipoise rule. Rem. Law. 1. The rule that provides that where the evidence of the parties in a criminal case is evenly balanced, the constitutional presumption of innocence should tilt the scales in favor of the accused. [People v. Benemerito, GR 120389. Nov. 21, 1996]. 2. [The rule which states that] if inculpatory facts and circumstances are capable of 2 or more explanations, one consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfill the test of moral certainty and will not justify a conviction. [People v. Lagmay, 365 Phil. 606, 633 (1999)]. Compare with Pro reo principle. Equiponderance. The state of being equal in weight; equipoise. Equiponderance of evidence rule. Rem. Law. The rule which that states that when the scale shall stand upon an equipoise and there is nothing in the evidence which shall incline it to one side or the other, the court will find for the defendant. Under the said principle, the plaintiff must rely on the strength of his evidence and not on the weakness of defendant's claim. Even if the evidence of the plaintiff may be stronger than that of the defendant, there is no preponderance of evidence on his side if such evidence is insufficient in itself to establish his cause of action. [Sapu-an v. CA, Oct. 19, 1992, 214 SCRA 701, 705706]. Equitable. 1. Fair and impartial. 2. Valid in equity as distinct from law. Equitable assignment. An instrument, bill or note made payable to order and transferred without indorsement. Equitable estoppel. See Estoppel in pais. Equitable interest. An interest not duly recognized by law, but in equity alone; it is a right or interest in property which is imperfect and unenforceable at law but which under well recognized equitable principles should and is convertible into a legal right or title. [Diaz, Bus. Law Rev., 1991 Ed., p. 213]. Equitable mortgage. 1. A mortgage in which although lacking in some formality, form or words, or other requisites demanded by a statute nevertheless reveals the intention of the parties to charge a real property as security for a debt, and contains nothing impossible or contrary to law. [Santos v. CA, GR 83664. Nov. 13, 1989]. 2. One where the intention of the parties is simply a security for the fulfillment of an obligation, but lacks the formalities of a mortgage. [Diaz, Bus. Law Rev., 1991 Ed., p. 147]. Equitable ownership. That of one who has the beneficial ownership. Also Equitable title. Equitable recoupment doctrine. It provides that a claim for refund barred by prescription may be allowed to offset unsettled tax liabilities should be perti-
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nent only to taxes arising from the same transaction on which an overpayment is made and underpayment is due. Equitable taxation. Taxation the burden of which falls on those better able to pay. [Reyes v. Almanzor, GR 49839-46. Apr. 26, 1991]. Compare with Progressive taxation. Equitable title. That of one who has the beneficial ownership. Also Equitable ownership. Equity. Admin. Law. The amount received by GOCCs as payment of capital subscriptions and generally capital investment of the Natl. Govt. in said corporations and which form part of their capitalization. [Sec. 3, EO 518]. Equity. Civ. Law. 1. Justice outside law, being ethical rather than jural and belonging to the sphere of morals than of law. It is grounded on the precepts of conscience and not on any sanction of positive law. [PLDT v. NLRC, GR L80609. Aug. 23, 1988]. 2. Aptly described as "justice outside legality," [it] is applied only in the absence of, and never against, statutory law or judicial rules of procedure. [Zabat, Jr. v. CA, 226 Phil. 489, 495 (1986)]. 3. [It] is available only in the absence of law and not as its replacement. [Tirazona v. PET, Inc., GR 169712, Jan. 20, 2009]. Equity contra legem. Lat. When principles of equity are deployed to strike down a law. Equity follows the law. The principle that there are instances in which a court of equity gives a remedy where the law gives none; but where a particular remedy is given by the law, and that remedy is bounded and circumscribed by particular rules, it would be very improper for the court to take it up where the law leaves it and to extend it further than the law allows. [Phil. Rabbit Bus Lines, Inc. v. Arciaga, GR L-29701. Mar. 16, 1987]. Equity intra legem. Lat. When fairness is applied by the judge or lawmaker to achieve justice in specific cases. Equity jurisdiction. The jurisdiction which the Court may exercise -- where specific performance acc. to the literal terms of a contract would result in inequity by reason of the circumstances obtaining at the time of judgment being significantly different from those existing at the generation of the rights litigated -- to adjust those rights and, in determining the precise relief to be given, "balance the equities" or the respective interests of the parties and take account of the relative hardship that one form of relief or another may occasion to them. [Agcaoili v. GSIS, GR L-30056. Aug. 30, 1988]. Equity of jurisdiction, Exercise of. A situation where the court is called upon to decide a particular situation and releases the parties from their correlative obligations but if it would result in adverse consequences to the parties and the public, the court would go beyond its powers to avoid the negative consequences in the release of the parties. [Albano, Rem. Law Reviewer, 1st Ed., p. 4]. Equity of redemption. 1. The right of the defendant mortgagor to extinguish the mortgage and retain ownership of the property by paying the amount fixed in the decision of the court within 90 to 120 days after entry of judgment or even after the foreclosure sale but prior to its
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confirmation. [Bench Book for Trial Court Judges, p. 2-91]. 2. The right of the mortgagor in case of judicial foreclosure to redeem the mortgaged property after his default in the performance of the conditions of the mortgage but before the confirmation of the sale of the mortgaged property. [Top-Rate Intl. Services, Inc. v. IAC, GR Nos. L-67496 and L-68257, July 7, 1986]. Compare with Right of redemption. Equity of the incumbent. Labor. The rule that all existing federations and national unions which meet the qualifications of a legitimate labor organization and none of the grounds for cancellation shall continue to maintain their existing affiliates regardless of the nature of the industry and the location of the affiliates. [Art. 240, LC]. Equity of the incumbent. Pol. Law. A term dating back to prewar days, which simply means that in any race, the incumbent should be given preference in getting officially anointed and funded. Equity praeter legem. Lat. When fairness supplements the law or fills in its gaps. Equivalents doctrine. A legal rule in most of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention. See Doctrine of equivalents. Equivalents test doctrine. See Doctrine of equivalents test. ERC. See Energy Regulatory Commission. Erectile. Legal Med. Denoting tissues that are capable of becoming temporarily engorged with blood, particularly those of the penis or other sexual organs. Erectile dysfunction or Impotence. Legal Med. 1. Erectile dysfunction. A total inability to achieve erection, an inconsistent ability to do so, or a tendency to sustain only brief erections. [People v. Cruz, GR 186129, Aug. 4, 2009]. 2. The inability to initiate or maintain an erection of the penis usu. resulting from vascular impairment, neurologic disorders, drugs, abnormalities of the penis or psychological problems that interfere with sexual arousal. [Olarte, Legal Med., 1st Ed. (2004), p. 126]. Erection. Legal Med. The firm and enlarged condition of a body organ or part when the erectile tissue surrounding it becomes filled with blood, esp. such a condition of the penis or clitoris. Erga omnes. Lat. In relation to everyone. Intl. Law. Used as a legal term describing obligations owed by States towards the community of states as a whole. [Vinuya v. Romulo, GR 162230, Apr. 28, 2010]. Ergo, res inter alios judicatae nullum aliis praejudicarium faciunt. Lat. Matters adjudged in a cause do not prejudice those who were not parties to it. [Arcelona v. CA, GR 102900. Oct. 2, 1997]. Eroticism. Sexual propensity. [Andal v. Macaraig, GR L-2474, May 30, 1951]. Erroneous appeal. An appeal taken to either the Sup. Court or the CA by the wrong or inappropriate mode (which under the rules) shall be dismissed.
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[Nerves v. CSC, GR 123561. July 31, 1997]. Error en la persona. See Aberratio ictus. Error in personae. Crim. Law. Lat. Mistake in the identity of the victim. [People v. Sabalones, GR 123485. Aug. 31, 1998]. Compare with Aberratio ictus. Error nominis nunquam nocet, si de identitate rei constat. Lat. A mistake in the name is never prejudicial where the identity or the person intended is certainly known. [Capulong v. CA, GR 85790. May 9, 1990]. Error of judgment. An error which the court may commit in the exercise of its jurisdiction. It is reviewable by appeal. [Fernando v. Vasquez, GR L-26417. Jan. 30, 1970]. Error of jurisdiction. An error that renders an order or judgment (of the court) void or voidable. It is reviewable on certiorari. [Fernando v. Vasquez, GR L26417. Jan. 30, 1970]. Error placitandi aequitatem non tollit. Lat. A clerical error does not take away equity. [Ingson v. Olaybar, 52 Phil. 395, Dec. 4, 1928]. Error scribentis nocere non debit. Lat. An error made by a clerk ought not to injure; a clerical error may be corrected. [Ingson v. Olaybar, 52 Phil. 395, Dec. 4, 1928]. Errors of judgment. Errors committed by a lower court which are correctible by appeal. [Ongsitco v. CA, GR 121527. Mar. 29, 1996]. Errors of jurisdiction. Errors committed by a lower court which are reviewable by certiorari. [Ongsitco v. CA, GR 121527. Mar. 29, 1996]. Erythema. Legal Med. Redness in the areas of labia minora [or labia] majora. [People v. Degay, GR 182526, Aug. 25, 2010]. Escalation. An increase to counteract a perceived discrepancy; Escalation clauses. Clauses in construction contracts which commonly provide for increases in the contract price under certain specified circumstances, e.g., as the cost of selected commodities [cement, fuel, steel bars] or the cost of living in the general community [as measured by, for instance, the Consumer Price Index officially published regularly by the Central Bank] move up beyond specified levels. [Baylen Corp. v. CA, GR 76787. Dec. 14, 1987]. Escalator clause. One in which the contract fixes a base price but contains a provision that in the event of specified cost increases, the seller or contractor may raise the price up to a fixed percentage of the base. [Banco Filipino v. Del Valle, 152 SCRA 346]. Escape. An act of breaking free from confinement or control. Escape of prisoner under the custody of a person not a public officer. Crim. Law. The felony committed by any private person to whom the conveyance or custody or a prisoner or person under arrest shall have been confided, who shall commit any of the offenses mentioned in Art. 223 and 224 of the Rev. Penal Code. [Art. 225, RPC].
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Escapee. A person who has escaped from somewhere, esp. prison; a fugitive. Escheat. 1. A (special) proceeding whereby the real and personal property of a deceased person becomes the property of the State upon his death without leaving any will or legal heirs. [Mun. Council of San Pedro v. Colegio de San Jose, GR 45460. Feb. 25, 1938]. 2. The reversion of property to the State when the title thereto fails from defect of an heir. It is the falling of a decedents estate into the general property of the State. [Bench Book for Trial Court Judges, p. 3-2]. 3. The process by which a deceased person's property goes to the state if no heir can be found. Escritura de venta absoluta. Sp. Deed of absolute sale. Escrow. 1. When the performance of something is outstanding and a 3rd party holds onto the money or a written document (such as shares or a deed) until a certain condition is met bet. the 2 contracting parties. 2. Money or a written instrument such as a deed that, by agreement bet. 2 parties, is held by a neutral 3rd party (held in escrow) until all conditions of the agreement are met. Escrow shares. Corp. Law. Those deposited with a person to be delivered to another upon fulfillment of a condition. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Eskirol. Tag. Scab. [Lino v. Fugoso, GR L-1159. Jan. 30, 1947]. Espionage. Crim. Law. The felony committed by any person who without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Phil. archipelago; or being in possession, by reason of the public office he holds, of such articles, data, or information, discloses their contents to a representative of a foreign nation. [Art. 117, RPC]. Espionage Law. CA 616 entitled An Act to punish espionage and other offenses against the national security enacted on June 4, 1941. Essential drugs list. Also National drug formulary. A list of drugs prepared and periodically updated by the DOH on the basis of health conditions obtaining in the Phils. as well as on an internationally accepted criteria. It shall consist of a core list and a complementary list. [Sec. 4, RA 9502; Sec 3, RA 9165]. Essential hypertension. Commonly used to describe a rise in the blood pressure of an individual when no specific factor is attributed to its development. [Naval v. ECC, GR 83568. July 18, 1991]. Establish. To settle or fix firmly; place on a permanent footing. To originate and secure the permanent existence of, to found, to institute, to create and regulate, as of a colony, estate or other institution or to place upon a secure foundation. [Palad v. Gov. of Quezon, GR L24302. Aug. 18, 1972]. Established value. The correct dutiable value of the article ascertained from the reports of the Revenue Attache or Commercial Attache [Foreign Trade Promotion Attache] or other Phil. diplomatic officers and from such other information that may be available to the Bu. of Customs. Such value shall be the
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home consumption value of the imported article which shall be the subject of customs duty and taxes. [Comm. of Customs v. Procter & Gamble Phil. Mfg. Corp., GR 56705. Jan. 31, 1989]. See Information value. Establishment. A sole proprietorship, a partnership, a corporation, an institution, an association, or an organization engaged in the manufacture, importation, exportation, sale, offer for sale, distribution, donation, transfer, use, testing, promotion, advertising, or sponsorship of health products incl. the facilities and installations needed for its activities. [Sec. 9, RA 9711]. Estafa. Also Swindling. Crim. Law. The felony committed by any person who shall defraud another, if the fraud be committed by any of the following means: (a) With unfaithfulness or abuse of confidence; (b) by means of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud; (c) through any of the following fraudulent means: (i) by inducing another, by means of deceit, to sign any document; (ii) by resorting to some fraudulent practice to insure success in a gambling game; (iii) by removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers. [Art. 315, RPC]. Estafa. Elements: (a) That an accused defrauded another by abuse of confidence, or by means of deceit; and (b) that damage and prejudice capable of pecuniary estimation is caused the offended party or 3rd person. [Sy v. People, GR 183879. Apr. 14, 2010]. Estafa. Ways of committing: (1) By means of abuse of confidence; or (2) by means of deceit. [Sy v. People, GR 183879. Apr. 14, 2010]. Estafa by means of deceit. Elements: (a) That there must be a false pretense or fraudulent representation as to his power, influence, qualifications, property, credit, agency, business or imaginary transactions; (b) that such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud; (c) that the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money or property; and (d) that, as a result thereof, the offended party suffered damage. [Jan-Dec Const. Corp. v. CA, GR 146818, Feb. 6, 2006]. Estafa committed by means of bouncing checks. Elements: (1) The postdating or issuance of a check in payment of an obligation contracted at the time the check was issued; (2) lack of or insufficiency of funds to cover the check; and (3) damage to the payee thereof. [People v. Sabio, 86 SCRA 568]. Estafa notes. A much abused and trite device resorted to by money lenders to cover their usurious lending activities. Estafa through misappropriation. Elements: (a) That money, goods or other personal property is received by the offender in trust, or in commission or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same; (b) that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt; (c) that such misappropriation or
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conversion or denial is to the prejudice of another; and (d) that there is a demand made by offended party on the offender. [Fontanilla v. People, GR 120949. July 5, 1996]. See also Estafa with abuse of confidence. Estafa with abuse of confidence. Elements: (a) That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any obligation involving the duty to make delivery of, or to return, the same; (b) that there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; (c) that such misappropriation or conversion or denial is to the prejudice of another; (d) that there is a demand made by the offended party on the offender. [Art. 315, RPC]. See also Estafa through misappropriation. Estate. 1. The totality of interest which a person has from absolute ownership down to naked possession. [PNB v. CA, GR 118357. May 6, 1997]. 2. The property and transmissible rights and obligations of a person existing at the time of his death and those which have accrued thereto since the opening of the succession. Estate planning. the area of law that deals with planning for the inevitability of death, such as obtaining life insurance to pay for the costs of a funeral, preparing a simple Will, and other preparations. More comprehensive planning, such as preparing a more complex Will, Trust, and related estate planning documents may also be needed. It depends on the size of the estate and how comprehensive the needs are. Estate tax. 1. A tax on the right of the deceased person to transmit his/her estate to his/her lawful heirs and beneficiaries at the time of death and on certain transfers, which are made by law as equivalent to testamentary disposition. It is not a tax on property. It is a tax imposed on the privilege of transmitting property upon the death of the owner. The estate tax is based on the laws in force at the time of death notwithstanding the postponement of the actual possession or enjoyment of the estate by the beneficiary. 2. Generally, a tax on the privilege of transferring property to others after a person's death. Estimate. To calculate approximately the amount, extent, magnitude, position, or value of something. Estimated amount. The projected amount of personal and family expenses. [CSCs Guidelines on the use of the rev. SALN form]. Estimated tax. The amount which the individual declared as income tax in his final adjusted and annual income tax return for the preceding taxable year minus the sum of the credits allowed under this Title against the said tax. If, during the current taxable year, the taxpayer reasonably expects to pay a bigger income tax, he shall file an amended declaration during any interval of installment payment dates. [Sec. 74, NIRC, as amended]. Estop. Bar or preclude by estoppel. Estoppel. 1. An admission or representation which is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon. [Art. 1431, CC]. 2. It
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arises when one, by his acts, representations, or admissions, or by his silence when he ought to speak out, intentionally or through culpable negligence induces another to believe certain facts to exist and such other rightfully relies and acts on such belief, so that he will be prejudiced if the former is permitted to deny the existence of such facts [Huyatid v. Huyatid, 47265-R, Jan. 4, 1928]. Estoppel against tenant. A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant bet. them. This is a conclusive presumption. [Sec. 2 (b), Rule 131, RoC]. Estoppel against tenants. Exception. [The rule] does not apply if the landlords title has expired, or has been conveyed to another, or has been defeated by a title paramount, subsequent to the commencement of lessor-lessee relationship. If there was a change in the nature of the title of the landlord during the subsistence of the lease, then the presumption does not apply. Otherwise, if the nature of the landlords title remains as it was during the commencement of the relation of landlord and tenant, then estoppel lies against the tenant. [Borre v. CA, 242 Phil 345, 352 (1988)]. Estoppel by conduct. Requisites: (a) There must have been a representation or concealment of materiel facts; (b) the representation must have been with knowledge of the facts; (c) the party to whom it was made must have been ignorant of the truth of the matter; and (d) it must have been made with the intention that the other party would act upon it. [Maneclang v. Baun, 208 SCRA 179, at p. 192 (Apr. 22, 1992)]. Estoppel by deed. 1. A doctrine in Amer. jurisprudence whereby a party creating an appearance of fact which is not true is held bound by that appearance as against another person who has acted on the faith of it. [Strong v. Gutierrez Repide, 6 Phil. 685]. 2. Bar which precludes one party from asserting as against the other party and his privies any right or title in derogation of the deed, or from denying the truth of any material facts asserted in it. [Lopez v. CA, 446 Phil. 722, 741 (2003)]. Compare with Estoppel in pais. Estoppel by judgment. The rule precluding the litigation of particular issues in a subsequent action on a different cause of action. [Meralco v. CA, GR L-33794. May 31, 1982]. Sometimes called Estoppel by record. Estoppel by laches. A party cannot invoke the jurisdiction of a court to secure affirmative relief against his opponent and, after obtaining or failing to obtain such relief, repudiate or question that same jurisdiction. The question whether the court had jurisdiction either of the subject matter of the action or of the parties was not important in such cases because the party is barred from such conduct not because the judgment or order of the court is valid and conclusive as an adjudication, but for the reason that such a practice cannot be tolerated - obviously for reasons of public policy. [Tijam v. Sibonghanoy, GR L-21450. Apr. 15, 1968]. Estoppel by pais. Requisites: (a) Conduct amounting to false representation or concealment of material facts or at least
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calculated to convey the impression that the facts are otherwise than, and inconsistent with, those which the party subsequently attempts to assert; (b) intent, or at least expectation, that this conduct shall be acted upon, or at least influenced by the other party; and (c) knowledge, actual or constructive, of the actual facts. [Maneclang v. Baun, 208 SCRA 179, at p. 192 (Apr. 22, 1992)]. Estoppel by record. The rule precluding the litigation of particular issues in a subsequent action on a different cause of action. [Meralco v. CA, GR L-33794. May 31, 1982]. See Estoppel by judgment. Estoppel by silence. Estoppel (that) arises where a person, who by force of circumstances is under a duty to another to speak, refrains from doing so and thereby leads the other to believe in the existence of a state of facts in reliance on which he acts to his prejudice. Silence may support an estoppel whether the failure to speak is intentional or negligent. [Santiago Syjuco, Inc. v. Castro, GR 70403. July 7, 1989]. Estoppel by verdict. The effect of the former proceeding to preclude further litigation of the particular facts on which the [court] necessarily made findings in the former action. [Meralco v. CA, GR L33794. May 31, 1982]. Compare with Estoppel by judgment. Estoppel doctrine. It is based upon the grounds of public policy, fair dealing, good faith and justice, and its purpose is to forbid one to speak against his own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon. Said doctrine springs from equitable principles and the equities of the case. It is designed to aid the law in the administration of justice where without its aid injustice might result. [PNB v. CA, L30831, Nov. 21, 1979]. Estoppel in pais or by conduct. Also Equitable estoppel. It arises when one, by his acts, representations or admissions, or by his silence when he ought to speak out, intentionally, or through culpable negligence, in-duces another to believe certain facts to exist and such other rightfully relies and acts on such belief, so that he will be prejudiced if the former is permitted to deny the existence of such facts. [Panay Electric v. Ca, GR 81939. June 29, 1989]. Compare with Estoppel by deed. Estoppel in pais or by conduct. Also Equitable estoppel. Elements: (a) There must have been a representation or concealment of material facts; (b) the representation must have been made with knowledge of the facts; (c) the party to whom it was made must have been ignorant of the truth of the matter; and (d) it must have been made with the intention that the other party would act upon it. [Bucoy v. Paulino, GR L-25775. Apr. 26, 1968; Art. 1437, CC]. Estrada doctrine. Intl. Law. 1. The doctrine that espouses a policy of never issuing any declaration giving recognition to governments and of accepting whatever govt. is in effective control without raising the issue of recognition. [Sandoval, Pol. Law Reviewer 2003]. 2. A doctrine attributed to Foreign Minister Genaro Estrada of Mexico. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 44]. Compare with Wilson doctrine.
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Estray. Legal term for a document or record which is not in the possession of the original record creator or his or her successor. Estray record. A public record that is no longer under the custody and control of the Natl. Archives or a controlling govt. office. [Sec. 4, RA 9470]. Et al. Lat. Abbrev. For et alii, meaning "and others." Ordinarily used in lieu of listing all names of persons involved in a proceeding. Et seq. Lat. Abbrev. For et sequentes, meaning "and the following." Ordinarily used in referring to a Sec. of statutes. Ethics. Of or relating to moral action and conduct; professionally right; conforming to professional standards. Ethnic. Of, relating to, or characteristic of a sizable group of people sharing a common and distinctive racial, national, religious, linguistic, or cultural heritage. Ethnic cleansing. The mass expulsion or killing of members of an ethnic or religious group in a society. Ethnicity. The fact or state of belonging to a social group that has a common national or cultural tradition. Ethnolinguistic regions. Certain geographical areas where particular groups of people speak a common language. [Sec. 3, RA 7104]. Euthanasia. 1. The putting to death, by painless method, of a terminally-ill or severely debilitated person through the omission [intentionally withholding a lifesaving medical procedure, also known as Passive euthanasia] or commission of an act [Active euthanasia]. 2. Mercy killing. [Bagajo v. Marave, GR L-33345. Nov. 20, 1978]. 2. The process of painless death to dogs and other animals. [Sec. 3, RA 9482]. Evasion. An act or instance of escaping, avoiding, or shirking something such as a duty imposed by law. Evasion of service of sentence. Crim. Law. The felony committed by any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. Such evasion or escape may also take place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution. [Art. 157, RPC]. Evasion of service of sentence. Crim. Law. Elements: (a) The offender is a convict by final judgment; (b) he "is serving his sentence which consists in deprivation of liberty"; and (c) he evades service of sentence by escaping during the term of his sentence. [Tanega v. Masakayan, GR L-27191. Feb. 28, 1967]. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. Crim. Law. The felony committed by a convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated. [Art. 158, RPC].
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Evasion of the law. A principle of the conflict of laws, better known in civilian jurisdictions, which consists of the intentional and improper manipulation of contacts [connecting factors], in order to avoid the application of the proper law. Events. Those which Art. 407 of the Civ. Code authorizes [to be entered] in the civil registry [such as births, marriages, naturalization and deaths]. [Silverio v. Rep., GR 174689; Oct. 22, 2007]. Every. Each one of a group, without exception. It means all possible and all, taken one by one. [Natl. Housing Corp. v. Juco, 134 SCRA 173]. Evict. Expel someone from a property, esp. with the support of the law. Eviction. 1. The act which deprives a person of the use and enjoyment of property. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. 2. The judicial process which takes place whenever by a final judgment based on a right prior to the sale or an act imputable to the vendor, the vendee is deprived of the whole or of a part of the thing purchased. [Diaz, Bus. Law Rev., 1991 Ed., p. 133]. Evidence. 1. The means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. [Sec. 1, Rule 128, RoC]. 2. Proof of fact(s) presented at a trial. The best and most common method is by oral testimony where an eye-witness swears to tell the truth and to then relate to the court his experience. Besides oral testimony, an object can be deposited with the court (e.g., a signed contract). This is sometimes called real evidence. In other cases, evidence can be circumstantial. Evidence aliunde. Rem. Law. 1. Such evidence other than those documents which the law requires to be produced to be produced in court for its examination. [Reforma v. De Luna, 104 Phil 286]. 2. Evidence from outside, from another source. In certain cases, a written instrument may be explained by evidence aliunde, that is, by evidence drawn from sources exterior to the instrument itself, e.g., the testimony of a witness to conversations, admissions, or preliminary negotiations. Evidence aliunde (i.e., from outside the will) may be received to explain an ambiguity in a will. Evidence in chief. Direct evidence. Evidence not formally offered in evidence. [Evidence which although not formally offered] may be admitted and considered by the trial court provided the following requirements are present, viz: 1st, the same must have been duly identified by testimony duly recorded and, 2nd, the same must have been incorporated in the records of the case. [Mato v. CA, 320 Phil. 344 (1995)]. Evident. Clear to the vision and understanding. Evident bad faith. [It] connotes a manifest deliberate intent on the part of the accused to do wrong or to cause damage. [Reyes v. Atienza, GR 152243, 23 Sept. 2005]. 2. It contemplates a breach of sworn duty through some perverse motive or ill will. [Villanueva v. Sandiganbayan, GR 105607, 21 June 1993]. Evident premeditation. Elements: (a) The time when the accused decided to commit the crime; (b) an overt act showing that the accused had clung to their determination to commit the crime; and
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(c) the lapse of a sufficient period of time bet. the decision and the execution of the crime, to allow the accused to reflect upon the consequences of the act. [People v. Silvestre, 244 SCRA 479, 494-495, May 29, 1995]. Evidentiary. Pertaining to or constituting evidence. Evidentiary facts. 1. Facts necessary to prove essential or ultimate facts. [Salita v. Magtolis, GR 106429. June 13, 1994]. 2. Those facts which are necessary for determination of the ultimate facts; they are the premises upon which conclusions of ultimate facts are based. [Tantuico v. Rep., GR 89114. Dec. 2, 1991]. Compare with Ultimate facts. EWD. See Early warning device. Ex abundante (or abundanti) cautela. Lat. 1. From excessive caution. 2. With abundant caution. Stated in opposition to a court order, it is an expression that petitioner takes such order with abundant abundant caution. Also Ex abundante ad cautelam. Ex aequo et bono. Lat. 1. "In justice and fairness." Something to be decided ex aequo et bono is something that is to be decided by principles of what is fair and just. Most legal cases are decided on the strict rule of law. For example, a contract will be normally upheld and enforced by the legal system no matter how "unfair" it may prove to be. But a case to be decided ex aequo et bono, overrides the strict rule of law and requires instead a decision based on what is fair and just given the circumstances. 2. Acc. to what is just and good. Maxim that a tribunal should decide a dispute upon rules of equity rather upon than upon the existing rules of international law. (a) The ICJ will only make such a decision if instructed to do so by the parties. (b) Other international tribunals (incl. the Intl. Labor Organization Administrative Tribunal) have held that they have inherent equitable powers to decide disputes. Ex contractu. Lat. Arising from a contract. Compare with Ex delicto. Ex delicto. Lat. Arising from a wrong, breach of duty. Compare with Ex contractu. Ex die. Lat. A term with a suspensive effect, from a certain day. [PCIB v. Excolin, GR L-27860 & L-27896. Mar. 29, 1974]. Compare with In diem. Ex dolo malo non oritur action. Lat. An action does not arise from fraud. When an action has its origin in fraud or deceit, it cannot be supported; thus, a court of law will not assist a man who bases his course of action on an immoral or illegal act. Ex filio. Sp. Of the son. [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. Ex mero motu. Lat. Of his own mere motion; of his own accord; voluntarily and without prompting or request. Ex necessitate legis. Lat. From the necessity of law. Ex necessitate rei. Lat. From the necessity of the thing. Ex nihilo nihil fit. Lat. From nothing, nothing is produced. [PNCC v. CA, GR 118349; May 23, 1997].
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Ex Officio or Ex-Officio. Lat. By virtue of one's position or status. Ex Officio Board Member. Any individual who sits or acts as a member of the Board of Directors or Trustees by virtue of ones title to another office, and wit hout further warrant or appointment. [Sec. 3, RA 10149]. Ex pacto illicito non oritur actio. Lat. No action arises out of an illicit bargain. [Lita Enterprises, Inc. v. IAC, GR L64693. Apr. 27, 1984]. Ex parte. Lat. For one party only. 1. An application to the court made by one litigant without notice to the other. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. 2. When a defendant is declared in default [for failure to file answers], or considered as in default [for failure to appear at the pre-trial], the Court may now authorize the Clerk of Court to receive evidence ex-parte. [Sec. F, 1, of the Manual for Clerks of Court (pp. 75-76), as amended]. 3. On behalf of only one party, without notice to any other party. Ex parte judicial proceeding, order, or injunction. Rem. Law. A judicial proceeding, order, or injunction [which] is taken or granted at the instance and for the benefit of one party only, and without notice to, or contestation by, any person adversely interested. [Metropolitan Bank & Trust Co. v. Hon. Abad Santos, GR 157867, Dec. 15, 2009]. Ex parte motion. Rem. Law. A motion made to the court in behalf of one or the other of the parties to the action, in the absence and usu. without the knowledge of the other party or parties. See Motion ex parte. Ex post facto. Consti. Law. Lat. After the fact. A law which: (a) makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; (b) aggravates a crime, or makes it greater than it was, when committed; (c) changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; (d) alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense; (e) assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful; and (f) deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty. [In re: Kay Villegas Kami, L-32485, Oct. 22, 1970]. Ex post facto law. Consti. Law. A law passed after the occurrence of a fact or commission of an act, which retrospectively changes the legal consequences or relations of such fact or deed. It is a law which provides for the infliction of punishment upon a person for an act done which, when it was committed, was innocent; a law which aggravates a crime or makes it greater than when it was committed; a law that changes the punishment or inflicts a greater punishment than the law annexed to the crime when it was committed; a law that changes the rules of evidence and receives less or different testimony than was required at the time of the commission of the offense in order to convict the offender; a law which, assuming to regulate civil rights and remedies only,
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in effect imposes a penalty or the deprivation of a right which, when done, was lawful; a law which deprives persons accused of crime of some lawful protection to which they have become entitled, such as the protection of a former conviction or acquittal, or of the proclamation of amnesty; every law which, in relation to the offense or its consequences, alters the situation of a person to his disadvantage. [People v. Sandiganbayan, GR 101724. July 3, 1992]. Ex post facto law. Consti. Law. Requisites: The law must: (a) refer to criminal matters; (b) be retroactive in its application; and (c) to the prejudice of the accused. [Cruz, Consti. Law, 1989 Ed., p. 244]. Ex rel. Lat. Abbrev. of ex relatione, meaning on the relation of. It refers to information or action taken that is not based on first-hand experience but is based on the statement or account of another person. Ex turpi causa non oritur action. Lat. From a base cause no action arises. The legal principle thus expressed is that, on grounds of public policy, no court will lend its aid to a party who founds his cause of action on an illegal or an immoral act. Exaltation. Legal Med. A feeling of unwarranted well-being and happiness. [Olarte, Legal Med., 1st Ed. (2004), p. 150]. Examination. Admin. Law. 1. A civil service examination conducted by the CSC and its regional offices or by other departments or agencies with the assistance of the Commission, or in coordination or jointly with it, and those that it may delegate to departments and agencies pursuant to PD 807, or those that may have been delegated by law. [Sec. 3, PD 807]. 2 As applied to auditing, it means "to probe records, or inspect securities or other documents; review procedures, and question persons, all for the purpose of arriving at an opinion of accuracy, propriety, sufficiency, and the like." [Arias v. Sandiganbayan, GR 81563. Dec. 19, 1989]. 3. A search, investigation or scrutiny. [Rural Bank of San Miguel, Inc. v. Monetary Board, GR 150886, Feb. 16, 2007]. Compare with Report. Examination of books. The mathematical process of verifying figures and computations without in any way determining whether or not a particular item may be allowed. In other words, examination is but a phase of auditing, auditing being more comprehensive than examination. Examination of debtor. Rem. Law. Under Sec. 38, Rule 39 of the Rules of Court, the examination of a judgment debtor when the execution is returned unsatisfied which is a proceeding supplementary to execution and is entirely statutory. They are supplementary proceedings, in part a summary method of purging the debtors conscience and compelling the disclosure of any property he may have which is not exempt from execution. Examination-in-chief. Rem. Law. The questioning of one lawyers own witness under oath. Witnesses are introduced to a trial by their examination-in-chief, which is when they answer questions asked by the lawyer representing the party which called them to the stand. After their examination-in-chief, the other
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party's lawyer can question them too; this is called cross-examination. Exceed. To go beyond what is allowed or stipulated by a set limit, esp. of one's authority. Exceeds arrangements. A banking phrase indicating that there was no deposit or arrangement with the bank for the payment of the dishonored check. Excellence. The efficient, effective and innovative delivery of relevant, functional, and quality programs in teacher education, training, re-search and community service. [Sec. 2, RA 7784]. Excellent. Extremely good; outstanding. Except. Not including; other than. Exceptio firmat regulam in casibus non exceptis. Lat. Expressed exception or exemption excludes others. [Tibay v. CA, GR 119655. May 24, 1996]. Exception. A person or thing that is excluded from a general statement or does not follow a rule. Excess. An amount of something that is more than necessary, permitted, or desirable. Excess of jurisdiction. Rem. Law. The court has jurisdiction but fails to comply with the conditions prescribed for its exercise. [Bench Book for Trial Court Judges, p. 2-86]. 2. [This] occurs when the court transcends its power or acts without any statutory authority; or results when an act, though within the general power of a tribunal, board or officer (to do) is not authorized, and is invalid with respect to the particular proceeding, because the conditions which alone authorize the exercise of the general power in respect of it are wanting. [Tagle v. Equitable PCI Bank, GR 172299, Apr. 22, 2008]. 3. An act, though within the general power of a tribunal, board or officer is not authorized, and invalid with respect to the particular proceeding, because the conditions which alone authorize the exercise of the general power in respect of it are wanting. [Toyota Motor Phils. Corp. Workers Assoc. (TMPCWA) v. CA, 458 Phil. 661, 681 (2003)]. Compare with Without jurisdiction. Excess property. A property no longer needed by a department or an office. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Excessive. More than is necessary, normal, or desirable; immoderate. Excessive expenditures. Unreasonable expense or expenses incur-red at an immoderate quantity and exorbitant price. These include expenses which exceed what is usual or proper as well as expenses which are unreasonably high, and beyond just measure or amount. They also include expenses in excess of reasonable limits. [Arriola v. COA, GR 90364. Sep. 30, 1991]. Excessive fine. A fine that exceeds the utmost limit of punishment which the vindication of the law demands. [US v. Valera, GR 8956. Feb. 4, 1914]. Exchange. 1. An organized market place or facility that brings together buyers and sellers and executes trade of securities and/or commodities. [Sec. 3, RA 8799]. 2. Any organization, association, or group of persons which constitutes, maintains, or provides a market place or
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facilities for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange as that term is generally understood, and includes the market place and the market facilities maintained by such exchange. [Sec. 3, RA 2629]. 3. A voluntary association or corporation organized for the purpose of furnishing to its members a convenient and suitable place to transact their business of promoting uniformity in the customs and usages of merchants, of inculcating principles of justice and equity in trade, of facilitating the speedy adjustment of business disputes, of acquiring and disseminating valuable commercial and economic information and generally of securing to its members the benefits of co-operation in the furtherance of their legitimate pursuits. [Lopez, Locsin, Ledesma & Co., Inc. v. CA, GR L41291. Dec. 8, 1988]. 4. Any entity registered with the SEC as a stock exchange pursuant to the Securities Regulation Code. [Sec. 3, RA 9856]. Exchange contract. See Barter contract. Exchange control. A rule that made it illegal for anybody to possess or keep in the Phils. any form of money or currency other than Phil. currency and for Filipino citizens to possess or keep outside the Phils. any form of foreign currency. Anybody in the Phils. desiring to use foreign currency had to apply to the Central Bank (now Bangko Sentral) or to any of its duly authorized agents - licensed commercial banks doing business in the Phils. - for a license to purchase foreign currency, stating in his application the reason justifying his request. Exchange of agreement. Intl. Law. An international agreement entered into bet. the executive department of governments concerning matters of lesser importance than those dealt with by treaties. Usu., they do not require the concurrence of legislative bodies to make them effective. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 493]. Exchange of Information on Tax Matters Act of 2009. RA 10021 entitled An Act to Allow the Exchange of Information by the BIR of Tax Matters Pursuant to Internationally-Agreed Tax Standards, Amending Secs. 6(F), 71 and 270 of the NIRC of 1997, as Amended, and for Other Purposes enacted on Mar. 8, 2010. Exchange of notes. Intl. Law. An informal method by which States subscribe to a certain understanding or recognize certain obligations as binding upon them. Usu., formal notes are exchanged by ministers of foreign affairs acting in behalf of their governments. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 492]. Exchange rate or Rate of exchange. The price, or the indication of the price, at which one can sell or buy with one's own domestic currency a foreign currency unit. Normally, the rate is determined by the law of supply and demand for a particular currency. [Gonzalo L. Manuel & Co. v. Central Bank, GR L21789. Apr. 30, 1971]. See also Legal exchange rate. Excise duty. An inland impost, levied upon articles of manufacture or sale, and also upon licenses to pursue certain trades or to deal in certain commodities.
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[Garcia v. Exec. Sec., GR 101273. July 3, 1992]. Excise. A tax levied on certain goods and commodities produced or sold within a country and on licenses granted for certain activities. Excise tax. A charge imposed upon the performance of an act, the enjoyment of a privilege, or the engaging in an occupation. [Villanueva v. City of Iloilo, GR L26521. Dec. 28, 1968]. Exclude. To shut out; to hinder from entrance or admission; to debar from participation or enjoyment; to deprive of; to except. Exclusion. 1. The process or state of excluding or being excluded. 2. An item or risk specifically not covered by an insurance policy or other contract. Exclusionary. The act or practice of excluding. Exclusionary rule. 1. Consti. Law. The rule enforcing the constitutional injunction against unreasonable searches and seizures by outlawing all evidence illegally seized and thereby removing the incentive on the part of the military and police officers to disregard such basic rights. [Teehankee, J., concurring and dissenting opinion, in Nolasco v. Pao, GR L-69803. Oct. 8, 1985]. 2. Rem. Law. The rule preventing illegally obtained evidence to be used in any trial. 3. Spec. Pro. The rule that the court first taking cognizance of the settlement of the estate of the decedent shall exercise jurisdiction to the exclusion of all other courts. [Sec. 1, Rule 73, RoC]. Exclusive. Possessed to the exclusion of others; appertaining to the subject alone, not incl., admitting or pertaining to another or others, undivided, sole. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. Exclusive bargaining representative. Labor. Any legitimate labor organization duly recognized or certified as the sole and exclusive bargaining agent of all the employees in a bargaining unit. [Sec. 1, DO 09, s. 1997, amending Book V, LC]. Exclusive control. No other person or entity had any control over the instrumentality which caused the damage or injury. [Univ. of the East v. Jader, GR 132344, Feb. 17, 2000]. Exclusive economic zone (EEZ). 1. An area beyond and adjacent to the territorial sea which shall not extend beyond 200 nautical miles from the baselines as defined under existing laws. [Sec. 4, RA 8550]. 2. The water, sea bottom and subsurface measured from the baseline of the Phil. archipelago up to 200 nautical miles offshore. [Sec. 3, RA 7942]. 3. A zone extending up to 200 nautical miles from the baselines of a state over which the coastal state has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or nonliving, of the waters superjacent to the seabed and of the seabed and subsoil, and with regard to other activities for the economic exploitation and exploration of the zone. (Arts. 56 and 57, UNCLOS]. Compare with Contiguous zone. Exclusive jurisdiction. It precludes the idea of co-existence and refers to jurisdiction possessed to the exclusion of others. [Ong v. Parel, GR 76710. Dec. 21, 1987, pp. 673 and 1251].
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Exclusive possession. Possession when the adverse possessor can show exclusive dominion over the land and an appropriation of it to his own use and benefit. [Dir. of Lands v. IAC, GR 68946. May 22, 1992, 5th Ed., 507]. Exclusive property of each spouse. Fam. Law. The following shall be the exclusive property of each spouse: (a) That which is brought to the marriage as his or her own; (b) that which each acquires during the marriage by gratuitous title; (c) that which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and (d) that which is purchased with exclusive money of the wife or of the husband. [Art. 109, FC]. Exclusive sand and gravel permit. The permit granted by the provincial governor to any qualified person to quarry and utilize sand and gravel or other loose or unconsolidated materials from public lands for his own use, provided that there will be no commercial disposition thereof. [Sec. 48, RA 7942]. Exclusively. 1. Apart from all others; only; solely; substantially all or for the greater part. To the exclusion of all others; without admission of others to participation; in a manner of exclude. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. 2. In an exclusive manner, to the exclusion of all others; only; as, it is his, exclusively. Exculpate. To excuse or justify a wrong action. Excusable. Capable of being overlooked. Excusable neglect. Failure to take the proper steps at the proper time, not in consequence of a partys own carelessness, inattention, or willful disregard of the unavoidable hindrance on the care and vigilance of his counsel or on promises made by the adverse party. [Albano, Rem. Law Reviewer, 1st Ed., p. 340, 5th Ed., p. 508]. Excusable negligence. Such [negligence] that ordinary diligence and prudence could not have guarded against it. [Guevarra v. Bautista, GR 148435, Nov. 28, 2008]. Excussion. Previous exhaustion of the property of the debtor. [Art. 2059, CC]. Excussion, Exceptions to benefits of. The guarantor is not entitled to the benefits of excussion (a) if he has expressly renounced it; (b) if he has bound himself solidarily with the debtor; (c) in case of insolvency of the debtor; (d) when he has absconded, or cannot be sued within the Phils. unless he has left a manager or representative; (e) if it may be presumed that an execution on the property of the principal debtor would not result in the satisfaction of the obligation. [Art. 2059, CC]. Execute. To complete; to sign; to carry out acc. to its terms. Execute a contract. Civ. Law. The ordinary or dictionary meaning of the term is or includes: to put into effect; carry out fully and completely; perform, effect; to give effect to; do what is provided or required; perform the requirements of; perform the acts necessary to the effectiveness of; complete; perform what is required to give validity to (as by signing and perhaps sealing and delivering). [Eastern Assurance & Surety Corp. v. IAC, GR 69450. Nov. 22, 1989].
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Executed. Civ. Law. It means that all the terms of the contract have been fulfilled. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Compare with Executory. Execution. Civ. Law. The term is understood ordinarily and literally as referring to both the act or process of executing; performance, accomplishment, and, the act of signing, sealing, and delivering a legal instrument or giving it the forms required to make it valid. Thus, the ordinary meaning of execution is not limited to the signing or concluding of a contract but includes as well the performance or implementation or accomplishment of the terms and conditions of such contract. [Eastern Assurance & Surety Corp. v. IAC, GR 69450. Nov. 22, 1989]. Execution. Rem. Law. 1. The accomplishment of a thing; the completion of an act or instrument; the fulfillment of an undertaking. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 155]. 2. The process which carries into effect a decree or judgment. [PAL v. CA, GR 49188. Jan. 30, 1990]. 3. The fruit and end of the suit and is the life of the law. [Villareal v. Rarama, 317 Phil. 589, 597 (1995)]. Execution and delivery of the document; by whom established. The execution and delivery of the document may be established: (a) by the person or persons who executed it; (b) by the person before whom its execution was acknowledged; (c) by any person who was present and saw it executed and delivered; (d) by any person who, after its execution and delivery, saw it and recognized the signatures; or (e) by a person to whom the parties to the instrument had previously confessed the execution thereof. [E. Michael & Co. v. Enriquez, GR 10824. Dec. 24, 1915]. See also Destruction of the instrument; how proved and Loss of the instrument; how shown. Execution as a matter of right. Execution [that] will issue only (a) when the judgment has become final and executory; (b) when the judgment debtor has renounced or waived his right of appeal; (c) when the period for appeal has lapsed without an appeal having been filed; or (d) when, having been filed, the appeal has been resolved and the records of the case have been returned to the court of origin. [City of Iligan v. Principal Mngt. Group, Inc., 455 Phil. 335, 344 (2003)]. See Ministerial execution. Execution of deeds by means of violence or intimidation. Elements: (1) That the offender has intent to defraud another; (2) that the offender compels him to sign, execute, or deliver any public instrument or document; and (3) that the compulsion is by means of violence or intimidation. [Art. 298, RPC; ABS-CBN Broadcasting Corp. v. Ombudsman, GR 133347. Apr. 23, 2010]. Execution of deeds by means of violence or intimidation. The offense committed by any person who, with intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute or deliver any public instrument or documents. [Art. 298, RPC]. Execution of judgment pending appeal. Requisites for the valid exercise of the discretion: (a) There must be a motion by the prevailing party with notice to the adverse party; (b) there must be a good reason for execution pending appeal; and (c) the good reason must be stated
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in a special order. [Engg. Const. v. N apocor, 163 SCRA 9, 15-16 (1988)]. Execution of judgment pending appeal. An extraordinary remedy allowed only when there are reasons to believe that the judgment debtor will not be able to satisfy the judgment debt if the appeals process will still have to be awaited. It requires proof of circumstances such as insolvency or attempts to escape, abscond or evade a just debt. [Urban Bank, Inc. v. Pea, GR 145817, Oct. 19, 2011]. See Discretionary execution. Execution of judgments; when stayed. The court would invariably stay execution of judgments: (a) when certain facts and circumstances transpire or supervene after the judgment has become final which could render the execution of the judgment unjust; (b) when there has been a change in the situation of the parties which make such execution inequitable or would render the execution of the judgment unjust; (c) when it appears that the controversy had never been submitted to the judgment of the court; (d) when it appears that the writ has been issued improvidently or without authority or against the wrong party; (e) that the judgment debt has been paid or otherwise satisfied; or (f) where it becomes imperative, in the higher interests of justice, to direct its modification in order to harmonize the disposition with the prevailing circumstances. [Ortegas v. Hidalgo, GR 80140. June 28, 1991]. Execution, Writ of. See Writ of Execution. Executive. 1. N. The branch of government charged with putting into effect a country's laws and the administering of its functions. 2. A person or group having administrative or managerial authority in an organization. 3. Adj. Of, relating to, capable of, or suited for carrying out or executing. Executive agreement. A treaty or international agreement entered into by a state's executive without following the state's constitutionally required ratification procedure. It is not effective domestically. Executive clemency. The power usu. of a Pres. to pardon or commute the sentence of someone convicted in that jurisdiction. See Clemency. Executive committee. A committee created under the by-laws of a corporation composed of not less than 3 members of the board of directors, to be appointed by such board, which may act, by majority vote of all its members, on such specific matters within the competence of the board, as may be delegated to it in the by-laws or on a majority vote of the board, except with respect to: (a) approval of any action for which shareholders' approval is also required; (b) the filing of vacancies in the board; (c) the amendment or repeal of by-laws or the adoption of new by-laws; (d) the amendment or repeal of any resolution of the board which by its express terms is not so amendable or repealable; and (e) a distribution of cash dividends to the shareholders. [Sec. 35, Corp. Code]. Executive construction. The construction and interpretation of laws or statutes by the various executive heads of the various departments of the government. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 9].
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Executive determination of probable cause. Rem. Law. One made during preliminary investigation. It is a function that properly pertains to the public prosecutor who is given a broad discretion to determine whether probable cause exists and to charge those whom he believes to have committed the crime as defined by law and thus should be held for trial. [People v. Castillo, GR 171188, June 19, 2009]. Compare with Judicial determination of probable cause. Executive judge. The presiding or administrative judge in a court. Executive Office. The Offices of the Executive Secretary, Deputy Executive Secretaries and Assistant Executive Secretaries. [Sec. 22(2), Admin. Code of 1987]. Executive Orders. Acts of the Pres. providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. [Sec. 2, Admin. Code of 1987]. Executive power. Pol. Law. The power to enforce and administer the laws. It is the power of carrying the laws into practical operation and enforcing their due observance. [Ople v. Torres, GR 127685. July 23, 1998]. Executive privilege. The power of the Pres. to withhold certain types information from the courts, the Congress, and ultimately the public. Apart from diplomatic and military secrets and the identity of government informers, another type of information covered by executive privilege relates to information about internal deliberations comprising the process by which government decisions are reached or policies formulated. [Senate v. Ermita, GR 169777, Apr. 20, 2006, 488 SCRA 1]. Executive privilege doctrine. The doctrine stating that the x x x Pres. and those who assist him must be free to explore alternatives in the process of shaping policies and making decisions and to do so in a way many would be unwilling to express except privately. These are the considerations justifying a presumptive privilege for Presidential communications. The privilege is fundamental to the operation of government and inextricably rooted in the separation of powers under the Constitution x x x " [Almonte v. Vasquez, 314 Phil. 150 (1995)]. Executor. 1. The person named in the will who is entrusted to implement its provisions. But the executor needs to be issued letters testamentary after the court determines his or her qualifications. A lady executor is called executrix. [Bench Book for Trial Court Judges, p. 3-2]. 2. A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e., that the will is properly executed). An executor is a personal representative. 3. A personal representative, named in a will, who administers an estate. Executory. It means that some provisions of the contract still have to be complied with. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Compare with Executed. Executory contract. A contract where no performance has yet been made. Executory final judgment. [A final judgment that] becomes immutable and un-
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alterable. It may no longer be modified in any respect either by the court which rendered it. [SSS v. Isip, GR 165417, Apr. 3, 2007]. Exemplary. 1. Serving as a desirable model; representing the best of its kind. 2. Characteristic of its kind or illustrating a general rule. Exemplary damages. Requirements for award: (1) They may be imposed by way of example in addition to compensatory damages, and only after the claimants right to them has been established; (2) that they cannot be recovered as a matter of right, their determination depending upon the amount of compensatory damages that may be awarded to the claimant; and (3) the act must be accompanied by bad faith or done in a wanton, fraudulent, oppressive or malevolent manner. [Natl. Steel Corp. v. RTC of Lanao del Norte, GR 127004, Mar. 11, 1999]. Exemplary or Corrective damages. 1. These are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. [Art. 2229, CC]. 2. Damages which are given in enhancement merely of the ordinary damages on account of wanton, reckless, malicious or oppressive character of the acts complained of. Such damages go beyond the actual damages suffered in the case; they are allowed as a punishment of the defendant as a deterrent to others. The terms exemplary, punitive and vindictive damages are used interchangeably. [Torres, Oblig. & Cont., 2000 Ed., p. 335]. Exempt. Free from an obligation or liability imposed on others. Exempting circumstances. 1. [A type of defense which] by its nature, admits that criminal and civil liabilities exist, but the accused is freed from criminal liability; in other words, the accused committed a crime, but he cannot be held criminally liable therefor because of an exemption granted by law. [Sierra v. People, GR 182941, July 3, 2009]. 2. Those circumstances wherein there is an absence in the agent of the crime any or all of the conditions that would make an act voluntary and hence, although there is no criminal liability, there is civil liability. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 51]. Exemption. The process of freeing or state of being free from an obligation or liability imposed on others. Exemption from taxation. The process of exempting a person from paying taxes on a specified amount of income for themselves and their dependents. See Tax exemption. Exequatur. From Lat. exequi: to perform or to execute. 1. Hearing to determine if a foreign judgment should be recognized and enforced locally. 2. The permission given the consuls by the receiving state to perform their functions therein. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 90]. 3. An authorization from the receiving state admitting the head of a consular post to the exercise of his functions. For example, if the Phils. appoints a consul general for New York, he cannot start performing his functions unless the Pres. of the US issues an exequatur to him. Compare with Letter patent. Exhaust. To use up completely.
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Exhaustion doctrine. Doctrine that holds that once a copy of a copyrighted work is in circulation, the author has no further right to control its distribution. Exhaustion of administrative remedies. Resort to the appropriate administrative authorities in the resolution of a controversy falling under their jurisdiction before the same may be elevated to the courts of justice for review. [Sunville v. Abad, GR 85502. Feb. 24, 1992]. Exhaustion of administrative remedies. Exceptions: (a) When the question raised is purely legal; (b) when the administrative body is in estoppel; (c) when the act complained of is patently illegal; (d) when there is urgent need for judicial intervention; (e) when the claim involved is small; (f) when irreparable damage will be suffered; (g) when there is no other plain, speedy and adequate remedy; (h) when strong public interest is involved; (i) when the subject of the controversy is private land; and (j) in quo warranto proceedings. Exhaustion of administrative remedies doctrine. The general rule that before a party may seek the intervention of the court, he should first avail of all the means afforded him by administrative processes. The issues which administrative agencies are authorized to decide should not be summarily taken from them and submitted to a court without first giving such administrative agency the opportunity to dispose of the same after due deliberation. [Rep. v. Lacap, GR 158253, Mar. 2, 2007, 517 SCRA 255]. Exhaustion of remedies. Intl. Law. Before suit may be brought against a state in an international tribunal on behalf of a private person, the private person must first seek to obtain relief from that state. Exhaustion of rights doctrine. Doctrine that holds that, once a good made or sold under license is in circulation, the licensor has no further right to control its distribution. Exhibitionism. Also Indecent exposure. Legal Med. The willful exposure in public places of ones genital in the presence of other persons, usu. the opposite sex. [Olarte, Legal Med., 1st Ed. (2004), p. 118]. Exhibitionist. Legal Med. Someone with a compulsive desire to expose the genitals. Exhibits. Evid. 1. Documents or objects shown to the court as evidence in a trial. They are each given a number or letter by the clerk of court as they are introduced for future reference during the trial. Except with special permission of the court, exhibits are placed in the custody of the court until the trial is over. 2. Documents or other items introduced as evidence during a trial or hearing. Exhumation. The act of digging something out of the ground esp. a corpse where it has been buried. See Disinterment. Exhume. To dig out something buried, esp. a corpse, from the ground. Exigencies of the service. Admin. Law. The urgency or demand for the work performed by a govt. officer. Exigencies or Exigency. In a broad sense, the demands or requirements inherent in a given situation. In a strict sense, a state of being urgent; a situa-
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tion which demands immediate attention and prompt solution; an emergency. Existing. In existence or operation at the time under consideration; current. Existing mining or quarrying right. A valid and subsisting mining claim or permit or quarry permit or any mining lease contract or agreement covering a mineralized area granted or issued under pertinent mining laws. [Sec. 3, RA 7942]. Existing mining right. Perfected and subsisting claim, lease, license or permit covering a mineralized area prior to its declaration as a people's small-scale mining area. [Sec. 3, RA 7076]. Ex-officio. Lat. From office; By virtue of office. 1. An authority derived from official character merely, not expressly conferred upon the individual character, but rather annexed to the official position. 2. An act done in an official character, or as a consequence of office, and without any other appointment or authority than that conferred by the office. [Civil Liberties Union v. Exec. Sec., GR 83896. Feb. 22, 1991]. Ex-officio member of a board. One who is a member by virtue of his title to a certain office, and without further warrant or appointment. [Civil Liberties Union v. Exec. Sec., GR 83896. Feb. 22, 1991]. Exonerate. 1. To exculpate, to relieve. [Clemente v. COA, GR L-47793. Mar. 20, 1984]. To clear from accusation or blame. [Ibid.]. The word may imply complete clearance not only from immediate charge or accusation but from suspicion or attendant denigration. [Ibid.]. 2. Removal of a charge, responsibility, or duty. Exoneration. The condition of being relieved from blame or obligation. Exotic. Intriguingly unusual or different; excitingly strange. Exotic beauty. A term usu. applied to a woman who is regarded as beautiful, despite the fact that her looks are not typical of those considered to be beautiful in the speaker's culture. Exotic food. Food that a person finds strange and/or unfamiliar. Exotic species. Species or subspecies which do not naturally occur in the country. [Sec. 5, RA 9147]. Expanded Breastfeeding Promotion Act of 2009. RA 10028 entiled An Act Expanding the Promotion of Breastfeeding, Amending for the Purpose RA 7600, Otherwise Known as "An Act Providing Incentives to All Govt. and Private Health Institutions with Rooming-In and Breastfeeding Practices and for Other Purposes enacted on Mar. 16, 2010. Expanded Anti-Trafficking in Persons Act of 2012. RA 10364 entitled An Act expanding RA 9208, entitled An Act to institute policies to eliminate trafficking in persons esp. women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, providing penalties for its violations and for other purposes enacted on Feb. 6, 2013. Expanded Senior Citizens Act of 2010. RA 9994 entitled An Act Granting Additional Benefits and Privileges to Senior Citizens, Further Amending RA 7432, as
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Amended, Otherwise Known as "An Act to Maximize the Contribution of Senior Citizens to Nation Building, Grant Benefits and Special Privileges and for Other Purposes enacted on Feb. 15, 2010. Expanded withholding tax. A kind of withholding tax which is prescribed on certain income payments and is creditable against the income tax due of the payee for the taxable quarter/year in which the particular income was earned. Ex parte. Lat. On one side only. Ex-parte proceeding. Rem. Law. A judicial proceeding brought for the benefit of one party only, and without notice to, or consent by any person adversely interested or a proceeding wherein relief is granted without an opportunity for the person against whom the relief is sought to be heard. [GSIS v. CA, GR 42278. Jan. 20, 1989]. Expatriate. A person who has abandoned his country of origin and citizenship and has become a subject or citizen of another country. Expatriation. The voluntary act of abandoning citizenship of ones country, and becoming the citizen or subject of another. Expected results. The services, products, or benefits that shall accrue to the public, estimated in terms of performance measures or physical targets. [Sec. 306, LGC]. Expediente. Sp. 1. Record (of the case or proceeding). [Tambunting v. Tambunting de Oliveros, GR 10365. Sep. 29, 1915]. 2. Copies of all pleadings, communications, documents, and other papers of a case provided by the Office of the Clerk of Court of the Division Clerk of Court to the Offices of the Members of the Sup. Court [and constituted as a file] to facilitate access and easy reference to a case. [The Internal Rules of the Sup. Court, AM 10-4-20-SC, May 4, 2010]. Expedit reipublicae ut sit finis litium. Lat. It is for the public good that there be an end of litigation. [Co. Litt. 303]. Expedited Transfer of a Child. A process where a child who commits an offense is immediately brought by the apprehending officer or private individual to a social worker for preliminary determination of discernment. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Expendable. Subject to use or consumption; consumable. Expendable supplies. Articles which are consumed in use, such as ammunition, fuel, forage, drugs, medicines, and such spare or repair parts as are used to repair or complete other articles and which thereby lose their identity in the process. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Expenditure. 1. Payment. 2. The spending of money; the act of expending; disbursement expense; money expended; a laying out of money; payment. Expense. An outflow of money to another person or group to pay for an item or service, or for a category of costs. Expenses for pure luxury or mere pleasure. Expenses which shall not be refunded to the possessor in good faith who he may remove the ornaments with which he has embellished the principal
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thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended. [Art. 548, CC]. Experimental farms. Agricultural land utilized by a business or corporation to conduct studies, tests, researches or experiments involving agricultural, agribusiness, marine, or aquatic, livestock, poultry, dairy and other similar products for the purpose of improving the quality and quantity of goods or products. [Art. 243, IRR, LGC]. Expert. One possessing in regard to a particular object or department of human activity, knowledge not usu. acquired by other persons [US v. Gil, 13 Phil. 530]. Expert evidence. The testimony of one possessing in regard to a particular subject or department of human activity, knowledge not usu. acquired by other persons. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 9]. Expert testimony. Testimony given in relation to some scientific, technical or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject. Expert witness. 1. A person who by study or experience has acquired particular knowledge or experience upon matters of technical knowledge or experience upon matters ot technical knowledge and skill relating to a specific business or employmentgerry. [Dilag & Co. V. Merced, 45 OG 5542]. 2. One who belongs to the profession or calling to which the subject matter of the inquiry relates and who possesses special knowledge as to the very question on which he proposes to express an opinion. Expiration. 1. The ending of the fixed period for which a contract is valid. 2. The end of a period of time. Expiration of the term. Admin. Law. In the law of public officers, a method of terminating official relations. [Achacoso v. Macaraig, GR 93023. Mar. 13, 1991]. Expiry or Expiration date. The date stated on the label of food, drug, cosmetic, device or hazardous substance after which they are not expected to retain their claimed safety, efficacy and quality or potency and after which it is no longer permissible to sell them. [Art. 4, RA 7394]. Explicit. Stated clearly and in detail, leaving no room for confusion or doubt. Explicit sexual activity. [This] includes actual or simulated-(1) As to form: (i) sexual intercourse or lascivious act incl., but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to anal, whether bet. persons of the same or opposite sex; (2) bestiality; (3) masturbation; (4) sadistic or masochistic abuse; (5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or (6) use of any object or instrument for lascivious acts. [Sec. 3, RA 9775]. Exploit. Make full use of and derive benefit from a resource. Exploitation. 1. The actual extraction, gathering and collection in accordance with acceptable coral development and conservation practices. [Sec. 3, PD
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1219]. 2. The extraction and utilization of mineral deposits. [Sec. 2, PD 463]. Exploitation concession. A concession which grants to the concessionaire the exclusive right to develop petroleum production within the specified areas. [Art. 10, RA 387]. Exploitation of child labor. Crim. Law. The felony committed by anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of a minor, shall, against the latter's will, retain him in his service. [Art. 273, RPC]. Exploitation of minors. Crim. Law. The felony committed by: 1. any person who shall cause any boy or girl under 16 years of age to perform any dangerous feat of balancing, physical strength, or contortion; 2. any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal tamer or circus manager or engaged in a similar calling, shall employ in exhibitions of these kinds children under 16 years of age who are not his children or descendants; 3. any person engaged in any of the callings enumerated in the preceding number who shall employ any descendant of his under 12 years of age in such dangerous exhibitions; 4. any ascendant, guardian, teacher or person entrusted in any capacity with the care of a child under 16 years of age, who shall deliver such child gratuitously to any person following any of the callings enumerated in number 2 hereof, or to any habitual vagrant or beggar; or 5. any person who shall induce any child under 16 years of age to abandon the home of its ascendants, guardians, curators, or teachers to follow any person engaged in any of the callings mentioned in number 2 hereof, or to accompany any habitual vagrant or beggar. [Art. 278, RPC]. Exploited infant or child. An infant or child 8 years and below who is used in begging or one who accompanies a habitual vagrant or beggar. [Sec. 3, PD 1563]. Exploration. 1. The searching or prospecting for mineral resources by geological, geochemical or geophysical surveys, remote sensing, test pitting, trending, drilling, shaft sinking, tunneling, or any other means for the purpose of determining the existence, extent, quantity and quality thereof and the feasibility of mining them for profit. [Sec. 3, RA 7942]. 2. The examination and investigation of lands supposed to contain valuable minerals, by drilling, trenching, shaft sinking, tunneling, test pitting and other means, for the purpose of probing the presence of mineral deposits and the extent thereof. [Sec. 2, PD 463]. Exploration concession. A concession which grants to the concessionaire the exclusive right to explore for petroleum within specified areas. [Art. 10, RA 387]. Exploration expenditures. Expenditures paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral, and paid or incurred before the beginning of the development stage of the mine or deposit. [Sec. 34, NIRC, as amended]. Exploration permit. The permit granted by the Mines and Geosciences Bureau to a qualified person for the right to conduct exploration for all minerals in specified areas. [Sec. 20, RA 7942].
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Explosive. Any substance, either solid or liquid, mixture or single compound, which by chemical reaction liberates heat and gas at high speed and causes tremendous pressure resulting in explosion. The term shall include but not limited to dynamites, firecrackers, blasting caps, black powders, bursters, percussions, cartridges and other explosive materials, except bullets for firearm. [Sec. 5, RA 6235]. Export. To bring out of the Phils. by sea, land or air. [Sec. 6, EO 175, May 22, 1987]. Export Development Act of 1994. RA 7844 entitled An Act to develop exports as a key towards the achievement of the national goals towards the year 2000 enacted on Dec. 21, 1994. Export fees. The total foreign exchange which is charged or received by a registered service exporter for furnishing or performing services, or permitting the showing or playing, outside of the Phils., of television or motion pictures or musical recordings. [Sec. 3, RA 6135]. Export incentives. Support measures provided by the govt. to exporters to encourage investment in the export sector, create a freer trade environment and motivate exporters to increase export sales and perform competitively in the export market. [Sec. 4, RA 7844]. Export permit. A permit authorizing an individual to bring out wildlife from the Phils. to any other country. [Sec. 5, RA 9147]. Export processing zone (EPZ). 1. A specialized industrial estate located physically and/or administratively outside customs territory, predominantly oriented to export production. Enterprises located in export processing zones are allowed to import capital equipment and raw materials free from duties, taxes and other import restrictions. [Sec. 4, RA 7916]. 2. A free zone in which manufacturing facilities allowed to process foreign goods and materials for export without paying tariffs or duties either when the goods or materials are imported or exported. Export promotion. A range of export activities which the public and private sectors undertake, such as networking, esp. in export support services and the provision of trade or market information; organization of trade fairs and missions; provision of advisory services; conduct of seminars, lectures, workshops, conferences and training on export-related subjects; publication of export-related documents; handling of quality standards, product design and such other activities aimed at promoting existing exports, esp. those meant to reinforce and improve the position of Phil. export products in specific foreign markets, principally being those activities necessary for the implementation of the Phil. Export Development Plan. [Sec. 4, RA 7844]. Export sales. It means: (a) The sale and actual shipment of goods from the Phils. to a foreign country, irrespective of any shipping arrangement that may be agreed upon which may influence or determine the transfer of ownership of the goods so exported and paid for in acceptable foreign currency or its equivalent in goods or services, and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP); (b) Sale of raw materials or packaging materials to a nonresident
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buyer for delivery to a resident local export-oriented enterprise to be used in manufacturing, processing, packing or repacking in the Phils. of the said buyer's goods and paid for in acceptable foreign currency and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP); (c) Sale of raw materials or packaging materials to export-oriented enterprise whose export sales exceed 70% of total annual production; (d) Sale of gold to the Bangko Sentral ng Pilipinas (BSP); and (e) Those considered export sales under EO 226, otherwise known as the Omnibus Investment Code of 1987, and other special laws. [Sec. 105, NIRC, as amended]. Export transaction. Any transaction involving: (a) the export of goods out of the Phils.; (b) the manufacture, treatment or servicing of goods for, or the sale or leasing of goods to a foreign customer; (c) the sale or licensing of any right in a patent, trademark, or copyright to a foreign customer; or (d) the rendering to a foreign customer of any managerial, construction, technological, marketing or other services. [Sec. 3, RA 6424]. Exporter. Any person, natural or juridical, licensed to do business in the Phils., engaged directly or indirectly in the production, manufacture or trade of products or services which earns at least 50% of its normal operating revenues from the sale of its products or services abroad for foreign currency. [Sec. 4, RA 7844]. Exposure. The degree to which the elements at risk are likely to experience hazard events of different magnitudes. [Sec. 3, RA 10121]. Express. Definitely stated, not merely implied. Express acceptance of the inheritance. An acceptance of the inheritance which must be made in a public or private document. [Art. 1049, CC]. Express consent. The authority expressly granted by a law to sue the state or any of its agencies. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 37]. Compare with Implied consent. Express malice. Malice shown by proof of ill-will, hatred, or purpose to injure. Thus, a republication of defamatory matter subsequent to the commencement of an action based thereon is admissible to establish malice in fact. [US v. Montalvo, 29 Phil. 595]. See Malice in fact. Express pardon. There is express pardon when the offended party in writing or in an affidavit asserts that he or she is pardoning his or her erring spouse and paramour for their adulterous act this is a case of express pardon. [Ligtas v. CA, GR L-47498. May 7, 1987]. Compare with Implied pardon. Express prohibition. That which is directly or distinctly stated, i.e., prohibited, not merely implied or left to inference. Express repeal. A repeal of a law by incorporating therein a repealing provision which expressly and specifically cites the particular law or laws, and portions thereof, that are intended to be repealed. A declaration in a statute, usu. in its repealing clause, that a particular and specific law, identified by its number or title, is repealed. [Mecano v. COA, GR 103982. Dec. 11, 1992]. Compare with Implied repeal.
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Express trusts. 1. Trusts that are created by the intention of the trustor or of the parties. [Art. 1441, CC]. 2. Those trusts which are created by the direct and positive acts of the parties, by some writing or deed, or will, or by words evincing an intention to create a trust. [O'laco v. Co Cho Chit, GR 58010. Mar. 31, 1993]. Compare with Implied trusts. Express warranty. 1. Civ. Law. Any affirmation of fact or any promise by the seller relating to the thing the natural tendency of which is to induce the buyer to purchase the same, and the buyer relying thereon purchases the thing. [Art. 1546, CC]. 2. Ins. A statement in a policy of matter relating to the person or thing insured, or to the risk, as a fact. [Sec. 71, IC]. Expressed breast milk. The human milk which has been extracted from the breast by hand or by breast pump. It can be fed to an infant using a dropper, a nasogatric tube, a cup and spoon, or a bottle. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Expressing. A way of taking milk from the mothers breast without the baby suckling. Expressing milk. The act of extracting human milk from the breast by hand or by pump into a container. [Sec. 3, RA 10028]. Expressio unius est exclusio alterius. Lat. Express mention is implied exclusion. [Rep. v. Estenzo, GR L-35376. Sep. 11, 1980]. Expressum facit cessare tacitum. Lat. What is expressed makes what is implied silent. When a matter is clearly provided in a document, the clear and precise meaning is to be adopted. The implied meaning need not be adopted when a clear meaning is provided. Expromission. Civ. Law. 1. A form of novation wherein the initiative for the change does not come from the debtor and may even be made without his knowledge, since it consists in a 3rd person assuming the obligation. As such, it logically requires the consent of the 3rd person and the creditor. [De Cortes v. Venturanza, GR L-26058. Oct. 28, 1977]. 2. A form of novation by which a creditor accepts a new debtor who becomes bound in place of the old debtor, the latter being released. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Compare with Delegacion. Expropriate. 1. To take away property from its owner. 2. To dispossess someone of property. Expropriation. From Lat. Ex: from; and Proprius: one's own. 1. A taking of privately owned property by a government. 2. The forced sale of land to a public authority. Synonymous to the Doctrine of eminent domain. Expropriation, Stages in an action of. There are 2 stages in every action of expropriation. The 1st is concerned with the determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the context of the facts involved in the suit. It ends with an order, if not of dismissal of the action, of condemnation declaring that the plaintiff has a lawful right to take the property sought to be condemned, for the public use or purpose described in the complaint, upon
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the payment of just compensation to be determined as of the date of the filing of the complaint. An order of dismissal, if this be ordained, would be a final one, of course, since it finally disposes of the action and leaves nothing more to be done by the Court on the merits. So, too, would an order of condemnation be a final one, for thereafter, as the Rules expressly state, in the proceedings before the Trial Court, no objection to the exercise of the right of condemnation (or the propriety thereof) shall be filed or heard. The 2nd phase of the eminent domain action is concerned with the determination by the Court of the just compensation for the property sought to be taken. [Mun. of Bian v. Garcia, GR 69260. Dec. 22, 1989]. Expulsion. Crim. Law. The felony committed by any public officer or employee who, not being authorized by law, shall expel any person from the Phils. or shall compel such person to change his residence. [Art. 127, RPC]. Expunge. To physically erase; to white or strike out. To Expunge something from a court record means to remove every reference to it from the court file. Extant. Still in existence; not destroyed, lost, or extinct. Extension. An allowance of extra time, as for the repayment of a debt or for the filing of a pleading. Extension services. 1. The provision of training, information, and support services by the govt. and non-govt. orgs. to the agriculture and fisheries sectors to improve the technical, business and social capabilities of farmers and fisherfolk. [Sec. 4, RA 8435]. 2. The technology transfer provided by the Govt. and non-govt. orgs. to the agricultural sector such as training of farmers, credit assistance and the like. [Sec. 4, RA 7607]. Extension worker. A govt. employee who is primarily or fully engaged in the nonformal transfer of scientific and technological knowledge and skills for the practical use of a specific target clientele by performing any one or a combination of the functions of facilitating, supervising, disseminating, or implementing. [EO 715, Aug. 6, 1981]. Exterminate. To get rid of by destroying completely; extirpate. Extermination. The international infliction of conditions of life, inter alia, the deprivation of access to food and medicine, calculated to bring about the destruction of a part of a population. [Sec. 3, RA 9851]. External. Belonging to or forming the outer surface or structure of something. External sources of funds. Those that are obtained from such sources as foreign and domestic borrowings, contributions from the Natl. Govt. in the form of subsidy or capital subscription payments, funds generated through sale of stocks to the public, and donations from private individuals or institutions [Sec. 3, EO 518]. Extinction. The state or process of ceasing or causing something to cease to exist. Extinctive. Tending to extinguish or make extinct. Extinctive novation. Civ. Law. [A novation which has] the twin effects of, 1st,
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extinguishing an existing obligation and, 2nd, creating a new one in its stead. [Iloilo Traders Finance, Inc. v. Heirs of Sps. Soriano, 452 Phil. 82 (2003)]. Compare with Modificatory novation. Extinctive novation. Civ. Law. Requisites: (1) A previous valid obligation; (2) an agreement of all parties concerned to a new contract; (3) the extinguishment of the old obligation; and (4) the birth of a new valid obligation. [Iloilo Traders Finance, Inc. v. Heirs of Sps. Soriano, 452 Phil. 82 (2003)]. Extinctive prescription. The loss of rights and actions through the lapse of time. Extinguish. To put an end to; to annihilate. Extinguishing criminal liability. Modes: The causes that totally extinguish criminal liability enumerated under Art. 89 of the Rev. Penal Code are 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]. Extinguishment of obligations. Obligations are extinguished: (a) by payment or performance; (b) by the loss of the thing due; (c) by the condonation or remission of the debt; (d) by the confusion or merger of the rights of creditor and debtor; (e) by compensation; (f) by novation. [Art. 1231, CC]. Extinguishment of obligations. Other causes: (a) annulment; (b) rescission; (c) fulfillment of a resolutory condition; (d) arrival of a resolutory period; (e) prescription; (f) death of a party in case of personal obligations; (g) happening of a fortuitous event. [Diaz, Bus. Law Rev., 1991 Ed., p. 35]. Extort. To obtain from an unwilling or reluctant person by physical force, intimidation or the abuse of legal or official authority. [Macias v. Malig, Adm. Case 2409. Jan. 29, 1988, 1981 Ed.]. Extortion. Forcing a person to give up property in a thing through the use of violence, fear or under pretense of authority. Extra. Beyond or more than what is usual, expected, or necessary; additional. Extra ordinem. Lat. Out of order, esp. the usual order. Special rules. [Used in First Corp. v. Former 6th Div. of the CA, GR 171989, July 4, 2007]. Extradition. Intl. Law. 1. Delivery by the state of a person accused or convicted of a crime, to another state within whose territorial jurisdiction, actual or constructive, it was committed and which asks for his surrender with a view to execute justice. [Wright v. CA, GR 113213. Aug. 15, 1994]. 2. The arrest and delivery of a fugitive wanted for a crime committed in another country, usu. under the terms of an extradition treaty. 3. The surrender of an accused criminal by one state to the jurisdiction of another. Extradition treaties. Intl. Law. Treaties entered into for the purpose of sup-
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pressing crime by facilitating the arrest and custodial transfer of a fugitive from one state to the other. [Sandoval, Pol. Law Reviewer 2003]. Extrajudicial. Outside of the authority of the court. Extrajudicial admission. An admission made out of court. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 90]. Compare with Judicial admission. Extrajudicial confession. A confession made by the accused in any other place or occasion and cannot sustain a conviction unless its voluntariness is proven and unless corroborated by evidence of the corpus delicti. Compare with Judicial confession. Extrajudicial killing. The killing of a person by governmental authorities without the sanction of any judicial proceeding or legal process. Extralegal. Beyond the province or authority of law. Extralegal killings. Killings committed without due process of law, i.e., without legal safeguards or judicial proceedings. [Sec. of Natl. Defense v. Manalo, GR 180906, Oct. 7, 2008]. Extraordinary. Very unusual or remarkable. Extraordinary acquisitive prescription. This requires that there be public, peaceful and uninterrupted possession in the concept of owner for a period of 30 years. [Borillo v. CA, GR 55691. May 21, 1992; Art. 1137, CC]. Extraordinary diligence. 1. A duty to carry passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances. [Lausa v. NLRC, GR 79731. July 9, 1990]. 2. A duty to carry passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances. [Art. 1755, CC]. Extraordinary expense. That employed for an exceptional purpose not usual, regular or of the customary kind. Extraordinary inflation. A decrease or increase in the purchasing power of the Phil. currency which is unusual or beyond the common fluctuation in the value of said currency, and such decrease or increase could not have been reasonably foreseen or was manifestly beyond the contemplation of the parties at the time of the establishment of the obligation. [Filipino Pipe and Foundry Corp. v. NAWASA, GR L-43446. May 3, 1988]. Extraordinary inflation or deflation of currency. Any uncommon decrease or increase in the purchasing power of the currency which could not have been reasonably foreseen. [Torres, Oblig. & Cont., 2000 Ed., p. 115]. Extraordinary prescription. The acquisition ipso facto of ownership of real property by possession through lapse of time, regardless of good faith or bad faith on the part of the adverse possessor. Extraordinary writ. A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of
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habeas corpus, mandamus, prohibition and quo warranto. Extraterritorial. Located outside territorial boundaries. Extraterritorial jurisdiction. Pol. Law. The power and jurisdiction of the state beyond or outside its territory. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 35]. Extraterritorial service of summons. The service of summons effected, with leave of court, out of the Phils. in 3 ways: (a) personal service; (b) by publication in a newspaper of general circulation in such places and for such time as the court may order, in which case a copy of the summons and order of the court should be sent by registered mail to the last known address of the defendant, and (c) service of summons may be effected in any other manner which the court may deem sufficient. [De Midgely v. Ferandos, GR L-34314. May 13, 1975]. Extraterritoriality. Intl. Law. The state of being exempted from the jurisdiction of local law, usu. as the result of diplomatic negotiations. Extravagant. Lacking restraint in spending money or using resources. Extravagant expenditures. Those expenditure incurred without restraint, judiciousness and economy. Extravagant expenditures exceed the bounds of propriety. These expenditures are immoderate, prodigal, lavish, luxurious, wasteful, grossly excessive, and injudicious. [COA Circ. 88-55-A, 08 Sep. 1985]. Extrinsic. 1. Not forming an essential or inherent part of a thing; extraneous. 2. Originating from the outside; external. Extrinsic ambiguity. Also Patent ambiguity. Ambiguity not apparent on the face of the writing itself and requires something to be added in order to ascertain the meaning of the words used. Compare with Intrinsic or latent ambiguity. Extrinsic fraud. Also Collateral fraud. 1. As a ground for annulment of judgment, it is any act or conduct of the prevailing party which prevented a fair submission of the controversy. [Francisco v. David, 38 OG 714]. 2. A fraud which prevents a party from having a trial or presenting all of his case to the court, or one which operates upon matters pertaining, not to the judgment itself, but to the manner by which such judgment was procured so much so that there was no fair submission of the controversy. [Yatco v. Sumagui, 44623-R, July 31, 1971]. Compare with Intrinsic fraud. Eye bank. A laboratory or institution with the capability to perform all or some of the activities related to preparing eye tissue for transplant such as, but no limited to, motivation and recruitment of donors, eye and eye tissue retrieval, screening of donor blood, processing, evaluation and grading of eye or corneal tissue, and distribution of said tissue for transplant, research and/or teaching. [Sec. 4, DOH AO 11-95].
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-FFabricate. Invent or concoct something, typically with deceitful intent. Fabricated evidence. Evidence manufactured or arranged after the fact, and either wholly false or else warped and discolored by artifice and contrivance with a deceitful intent. [Herrera, Rem. Law, 1999 Ed., p. 68]. Facial challenge. A challenge to a statute in which the plaintiff alleges that the legislation is always unconstitutional, and therefore void. Compare with Asapplied challenge. Facial invalidation. An examination of the entire law, pinpointing its flaws and defects, not only on the basis of its actual operation to the parties, but also on the assumption or prediction that its very existence may cause others not before the court to refrain from constitutionally protected speech or activities. [Vide David v. Macapagal-Arroyo, GR 171396, May 3, 2006, 489 SCRA 160, 239]. Facial objection. [An objection to a petition for certiorari based on the argument] that the petitions cited grounds are mere errors of law and do not constitute grave abuse of discretion amounting to lack or excess of jurisdiction. [Such objection is] meritorious if, expressly and on the face of the petition, what is evident as cited grounds are erroneous applications of the law rather than grave abuse of discretion amounting to lack or excess of jurisdiction. [Peoples Air Cargo v. Hon. Mendiola, GR 181068, May 4, 2010].
Facilitator. A person appointed by the court to pose questions to a child who may be a child psychologist, psychiatrist, social worker, guidance counselor, teacher, religious leader, parent or relative. [Sec. 4 (c), AM 00-4-07-SC]. Facilities. The items of expense necessary for the laborer's and his family's existence and subsistence, so that by express provision of law, they form part of the wage and when furnished by the employer are deductible therefrom, since if they are not furnished, the laborer would spend and pay for them just the same. [Atok-Big Wedge Assn. v. Atok-Big Wedge Co., L-7349. July 19, 1955; 51 OG 3432]. Compare with Supplements. Facility operator. A company registered with the SEC, which may or may not be the project proponent, and which is responsible for all aspects of operation and maintenance of the infrastructure or development facility, incl. but not limited to the collection of tolls, fees, rentals or charges from facility users: Provided, That in case the facility requires a public utility franchise, the facility operator shall be Filipino or at least 60% owned by Filipinos. [Sec. 2, RA 7718]. Facio ut des. Lat. I do and you give. An innominate contract which is based on the principle that "no one shall unjustly enrich himself at the expense of another. [Corpus v. CA, GR L-40424. June 30, 1980]. Facio ut facias. Lat. I make (or do) that you make (or do). [Torres, Oblig. & Cont., 2000 Ed., p. 169]. Fact. Any event or act or condition of things, assumed (for the moment) as
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happening or existing. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 3]. Fact-finding. Designed to find information or ascertain facts. Fact-finding inquiry. An inquiry akin to the investigations conducted by the police and other investigative agencies to gather facts to support the subsequent filing of the appropriate charges against suspects. [Kapunan v. De Villa, GR L83177. Dec. 6, 1988]. Compare with Pre-trial investigation. Fact-in-issue. A fact as to the correctness of which the court, under the law of the case, must be persuaded. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 3]. Factor. Also Commission agent. A person who takes property or merchandise of another to sell for him. It may also refer to a person or firm who takes over the accounts receivable of a business to collect sums of money due. [Torres, Oblig. & Cont., 2000 Ed., p. 350]. Factual. 1. Of the nature of fact; real. 2. Of or containing facts. Factual impossibility. Crim. Law. This occurs when extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime. One example is the man who puts his hand in the coat pocket of another with the intention to steal the latter's wallet and finds the pocket empty. [Intod v. CA, GR 103119. Oct. 21, 1992]. Factum probandum. Lat. 1. The ultimate fact sought to be established. 2. A fact established and proved in evidence. [Moy Ya Lim Yao v. Comm. of Immigration, GR L-21289. Oct. 4, 1971]. Factum probans. Lat. 1. The material evidencing the proposition. It is the fact by which the factum probandum is established. 2. The evidentiary facts by which the factum probandum will be proved. E.g.: the written contract; the promissory note to prove the existence of an unpaid debt. Facultative. The term is used in reinsurance contracts merely to define the right of the reinsurer to accept or not to accept participation in the risk insured. But once the share is accepted, the obligation is absolute and the liability assumed thereunder can be discharged by one and only way - payment of the share of the losses. There is no alternative or substitute prestation. [Equitable Ins. and Casualty Co., Inc. v. Rural Ins. and Surety Co., Inc., GR L-17436. Jan. 31, 1962]. Facultative obligation. An obligation where only one prestation has been agreed upon, but the obligor may render another in substitution. [Art. 1206, CC]. Compare with Alternative obligation. Failure of a responsible public officer to render accounts before leaving the country. Crim. Law. The felony committed by any public officer who unlawfully leaves or attempts to leave the Phils. without securing a certificate from the COA showing that his accounts have been finally settled. [Art. 219, RPC]. Failure of accountable officer to render accounts. Crim. Law. The felony committed by any public officer, whether in the service or separated therefrom by resignation or any other cause, who is
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required by law or regulation to render account to the COA Auditor, or to a provincial auditor and who fails to do so for a period of 2 months after such accounts should be rendered. [Art. 218, RPC]. Failure of elections. Pre-conditions for declaring a failure of election: (a) that no voting has been held in any precinct or precincts because of force majeure, violence or terrorism, and (b) that the votes not cast therein suffice to affect the results of the elections. [Sardea v. Comelec, GR 106164. Aug. 17, 1993]. Failure of justice. The defeat of a particular right, of the failure of reparation for a particular wrong, from the lack or inadequacy of a legal remedy for the enforcement of the one or the redress of the other. [Sec. 9, PD 1487]. Failure or refusal to pay or remit forest charges. The offense committed by any person who fails to pay the amount due and payable under the provisions of PD 705, the NIRC, or the rules and regulations promulgated thereunder, or by any person who fails or refuses to remit to the proper authorities said forest charges collectible pursuant to the provisions of PD 705 or the NIRC, or who delays, obstructs or prevents the same, or who orders, causes or effects the transfer or diversion of the funds for purposes other than those specified in PD 705. [Sec. 78, PD 705]. Failure to make delivery of public funds or property. Crim. Law. The felony committed by any public officer under obligation to make payment from Govt. funds in his possession, who shall fail to make such payment, or by any public officer who, being ordered by competent authority to deliver any property in his custody or under his administration, shall refuse to make such delivery. [Art. 221, RPC]. Failure to state a cause of action. Civ. Pro. The situation where the complaint (which) does not allege a sufficient cause of action is raised in a motion to dismiss under Rule 16 (of the) Rules of Court, before a responsive pleading is filed and can be determined only from the allegations in the initiatory pleading and not from evidentiary or other matters aliunde. [Domondon v. Lopez, AM RTJ-02-1696, June 20, 2002]. Compare with Lack of cause of action. Fair and Equitable Access to Education Act. RA 7880 entitled An Act providing for the fair and equitable allocation of the Dept. of Education, Culture and Sports budget for capital outlay enacted on Feb. 20, 1995. Fair comment. Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. While in general, every discreditable imputations publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed to be malicious, nevertheless, when the discreditable imputation is made against a public person in his official capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, so long as it might reason-
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ably be inferred from the facts. [Filipinas Broadcasting Network Inc. v. Ago Medical and Educational Center Bicol Christian College of Medicine (AMECBCCM), GR 141994, Jan. 17, 2005]. Fair comment doctrine. The doctrine holding that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts. [People v. Velasco, 40 O.G., 18, p. 3694]. See Doctrine of fair comment. Fair day's wage for a fair day's labor. The rule governing the relation bet. labor and capital or management and employee providing that if there is no work performed by the employee there can be no wage or pay, unless the laborer was able, willing and ready to work but was illegally locked out, dismissed or suspended. [J.P. Heilbronn Co. v. Natl. Labor Union, 92 Phil. 577 (1953)]. Fair Election Act. RA 9006 entitled An Act to Enhance the Holding of Free, Orderly, Honest, Peaceful and Credible Elections through Fair Election Practices enacted on Feb. 12, 2001. Fair market value. 1. The price at which a property may be sold by a seller who is not compelled to sell and bought by a buyer who is not compelled to buy. [Sec. 199(l), LGC]. 2. The value for which a reasonable seller would sell an item of property and for which a reasonable buyer would buy it. 3. The highest price a property can command if put up for sale in an open market. It shall be based on the tax declaration. [CSCs Guidelines on the use of the rev. SALN form]. Fair rental value. The amount at which a willing lessee would pay and a willing lessor would receive for the use of a certain property, neither being under compulsion and both parties having a reasonable knowledge of all facts, such as the extent, character and utility of the property, sales and holding prices of similar land and the highest and best use of the property. [Asian Transmission Corp. v. Canlubang Sugar Estates, GR 142383, Aug. 29, 2003]. Fairest test. In determining whether the 3rd person's interest in a contract is a stipulation pour autrui or merely an incidental interest, the fairest test is to examine the intention of the parties as disclosed by their contract. [Florentino v. Encarnacion, 79 SCRA 192, 201, Sep. 30, 1977]. Fallacia consequentis. Lat. Fallacy of presuming a consequence. The equivalent of the rhetoric principle of non sequitur. [Roque v. Ericta, L-30244, 28 Sept. 1973]. Fallen building clause. A clause in a property insurance policy stipulating that if a portion of the building collapses for any reason other than fire or explosion,
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the fire insurance is voided. Also known as Fall-of-building clause. Fallo. Sp. The dispositive part [of the decision or order]. The final order [which] becomes the subject of execution. [PH Credit Corp. v. CA, 421 Phil. 821 (2001); Rosales v. CA, 405 Phil. 638 (2001)]. Compare with Body of the decision or order. Fall-of-building clause. A clause in a fire insurance policy that if the building or any part thereof falls, except as a result of fire, all insurance by the policy shall immediately cease. Also known as Fallen building clause. Falsa demonstratio non nocet, cum de corpore constat. Lat. 1. A false description does not injure or vitiate a document, provided that the thing or person intended has once been sufficiently described. 2. A mere false description does no harm if there be sufficient certainty as to the object concerned. Falsa descriptio. Lat. Defective caption given to a pleading. [Amarante v. CA, GR 76386. May 21, 1990]. False accusation. Malicious prosecution. False arrest. Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer. False keys. The term shall be deemed to include: (a) The tools mentioned in the Art. 304 of the Rev. Penal Code; (b) genuine keys stolen from the owner; (c) any keys other than those intended by the owner for use in the lock forcibly opened by the offender. [Art. 305, RPC]. False medical certificates, false certificates of merits or service, etc., Issuance of. Crim. Law. The felony committed by: (a) any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate; (b) any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances; (c) or by any private person who shall falsify a certificate falling within the classes mentioned in the 2 preceding numbers. [Art. 174, RPC]. False pretenses or Fraudulent acts. 1. In the crime of estafa or swindling, the act executed prior to or simultaneously with the commission of the fraud: (a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits; (b) By altering the quality, fineness or weight of anything pertaining to his art or business; (c) By pretending to have bribed any Govt. employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender; (d) By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within 3 days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act [As amended by RA 4885]; (e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding
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house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation. [Art. 315, RPC]. 2. Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods. False return. Taxation. 1. The term merely implies deviation from the truth, whether intentional or not. [Aznar v. CA, GR L-20569. Aug. 23, 1974]. 2. It may not always be an attempt to evade a tax. [Comm. of Int. Rev. v. Javier, GR 78953. July 31, 1991]. Compare with Fraudulent return. False statement. 1. A material statement which is untrue and knowingly stated as such in the application for a concession, title or permit (under the provisions of the Public Land Act), thus tending to mislead the official charged with the processing of said application. 2. Such statements made in the application considered as essential conditions and parts of any concession, title, or permit issued on the basis of such application which shall ipso facto produce the cancellation of the concession, title, or permit granted. [Sec. 91, CA 141]. False testimony. The making by an individual of a false statement during a judicial proceeding, after he or she has taken an oath to tell only the truth. False testimony against a defendant, Giving of. Crim. Law. The felony committed by any person who shall give false testimony against the defendant in any criminal case. [Art. 180, RPC]. False testimony favorable to the defendants, Giving of. Crim. Law. The felony committed by any person who shall give false testimony in favor of the defendant in a criminal case. [Art. 181, RPC]. False testimony in other cases and perjury in solemn affirmation, Making of. Crim. Law. The felony committed by any person, who knowingly makes untruthful statements and not being included in the provisions of Art. 180, 181 and 182 of the Rev. Penal Code, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires, or by any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in the Rev. Penal Code. [Art. 183, RPC]. Falsification. Misrepresentation of a thing, fact or condition, certifying that a thing is true when it is not, whether one has the right to make the representation or certificate. [US v. Buenaventura, 1 Phil. 433]. Falsification by ecclesiastic minister. Crim. Law. The felony committed by any ecclesiastical minister who shall commit any of the offenses enumerated in the 1st par. of Art. 171 of the Rev. Penal Code, with respect to any record or document of such character that its falsi-
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fication may affect the civil status of persons. [Art. 171, RPC]. Falsification by false narration of facts. Civ. Serv. Elements: (1) The offender makes untruthful statements in a narration of facts; (2) he has a legal obligation to disclose the truth of the facts narrated by him; (3) the facts narrated are absolutely false; and (4) it was made with a wrongful intent to injure a 3rd person. [Re:Spurious Certificate of Eligibility of Tessie G. Quires, RTC, Quezon City, AM 05-5-268-RTC, May 4, 2006]. Falsification by private individual. Crim. Law. The felony committed by: 1. any private individual who shall commit any of the falsifications enumerated in Art. 171 of the Rev. Penal Code in any public or official document or letter of exchange or any other kind of commercial document; and 2. any person who, to the damage of a 3rd party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in Art. 171 of the Rev. Penal Code. [Art. 172, RPC]. Falsification by public officer, employee or notary. Crim. Law. The felony committed by any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts: 1. Counterfeiting or imitating any handwriting, signature or rubric; 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate; 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; 4. Making untruthful statements in a narration of facts; 5. Altering true dates; 6. Making any alteration or intercalation in a genuine document which changes its meaning; 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or incl. in such a copy a statement contrary to, or different from, that of the genuine original; or 8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. [Art. 171, RPC]. Falsification of a private document. Crim. Law. The crime is not committed by the mere falsification of the document. It does not suffice that the document itself be false, but there must also be proved the prejudice caused to a 3rd person or the intention to cause it. [Mercury Drug v. NLRC, GR 96525. June 26, 1992]. Falsification of legislative documents. Crim. Law. The felony committed by any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of Congress or any provincial board or municipal council. [Art. 170, RPC]. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. Crim. Law. The commission of a crime by an officer or employee of the Govt. or of any private corporation or concern engaged in the service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same, or who shall use such falsified dispatch to the prejudice of a 3rd party or with the intent
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of cause such prejudice. [Art. 173, RPC]. Falsify. To tamper with or alter. To represent falsely, distort or violate the truth. [PAL, Inc. v. NLRC, GR 87353. July 3, 1991]. Falsity. Any material misrepresentation of fact or any fraudulent, deceitful, false, wrong or misleading statement in the application or affidavits submitted to support it or the affidavit of a disinterested person required to be submitted annually under the Rule which may substantially affect the determination of the qualifications of the applicant or the client under the means and merit tests. [Sec. 1, Art. 2, AM 08-11-7-SC (IRR), Sept. 10, 2009]. Falsus in uno, falsus in omnibus. Lat. False in one part, false in everything. [Lagunsad v. CA, GR 104939. Feb. 2, 1994]. FAME. 1. Short for Fraud, Accident, Mistake or Excusable negligence. 2. Fatty Acid Methyl Ester. Family. 1. A basic social institution which public policy cherishes and protects. [Art. 149, Family Code]. 2. A natural and social institution founded on the conjugal union, binding together the individuals composing it, for the common accomplishment of the individual and spiritual ends of life, under the authority of the original ascendant who heads it. [Jurado, Civ. Law Reviewer, 19th Ed., p. 187]. 3. The parents or brothers and sisters, whether of the full or half-blood, of the child. [Sec. 3, RA 10165]. Family assistance loans. Loans granted to currently employed migrant workers or their eligible dependents or families in the Phils. to tide them over during emergency situations. [Sec. 30, IRR, RA 8042]. Family Code. EO 209 entitled The Family Code of the Phils. signed on July 6, 1987. Family Courts Act of 1997. RA 8369 entitled An Act establishing Family Courts, granting them exclusive original jurisdiction over child and family cases, amending Batas Pambansa Bilang 129, as amended, otherwise known as the Judiciary Reorganization Act of 1980, appropriating funds therefor and for other purposes enacted on Oct. 28, 1997. Family expenses. The amount of family expenses incurred for the preceding calendar year. [CSCs Guidelines on the use of the rev. SALN form]. Family home. 1. Constituted jointly by the husband and the wife or by an unmarried head of a family, it is the dwelling house where they and their family reside, and the land on which it is situated. [Art. 152, FC]. 2. The dwelling house where a husband and wife, or an unmarried head of the family resides, and the land on which it is situated, which is now deemed constituted from the time it is occupied as a family residence, and is exempt from execution, forced sale or attachment except as provided by law and to the extent of the value allowed by law. [Bench Book for Trial Court Judges, p. 3-3]. 3. A real right which is gratuitous, inalienable and free from attachment, constituted over the dwelling place and the land on which it is situated, which confers upon a particular family the right to enjoy such properties, which must remain with the person con-
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stituting it and his heirs. It cannot be seized by creditors except in certain special cases. [Josef v. Santos, GR 165060, Nov. 27, 2008]. Family name. Surname. Family of public officials or employees. The spouses and unmarried children under 18 years of age of public officials or employees. [Sec. 3, RA 6713]. Family planning. A program which enables couples and individuals to decide freely and responsibly the number and spacing of their children and to have the information and means to do so, and to have access to a full range of safe, affordable, effective, non-abortifacient modem natural and artificial methods of planning pregnancy. [Sec. 4, RA 10354]. Family relations. They include those: (a) bet. husband and wife; (b) bet. parents and children; (c) among brothers and sisters, whether of the full or half-blood. [Art. 150, FC]. Family relationship. The relation, union or connection which exists bet. members of the family, as that bet. husband and wife, parent and child, and as among other descendants, and among brothers and sisters. Family-size fishpond. An area of fishpond that permits the efficient use of labor and capital resources of a family to produce an income sufficient to meet a family's need for food, clothing, shelter, health and education with reasonable reserves to absorb yearly fluctuation in income. [Sec. 3, PD 704]. Farm. A plot or tract of land devoted to the raising of domestic or other animals. Farm employer. Any person acting directly or indirectly in the interest of a farm employer whether for profit or not, as well as a labor contractor, but shall not include any labor organization (otherwise than when acting as a farm employer) or anyone acting in the capacity of an officer or agent of such labor organization. [Sec. 166, RA 3844]. Farm implements. Hand tools or machines ordinarily employed in a farm enterprise. [Sec. 166, RA 3844]. Farm workers' organization. Any union or association of farm workers which exists, in whole or in part, for the purpose of collective bargaining or dealing with farm employers concerning terms and conditions of employment. [Sec. 166, RA 3844]. Farmer. 1. A natural person whose primary livelihood is cultivation of land or the production of agricultural crops, agroforest products, livestock and/or fisheries, either by himself/herself, or primarily with the assistance of his/her immediate farm household, whether the land is owned by him/her or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof. [Sec. 3, RA 10000; Sec. 3, RA 6657]. Farmer's and fisherfolk's organizations or associations. Farmer's and fisherfolk's cooperatives, associations or corporations duly registered with appropriate government agencies and which are composed primarily of small agricultural producers, farmers, farmworkers, agrarian reform beneficiaries, fisherfolk who voluntarily join together to form business enterprises or non-business organizations which they themselves own, con-
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trol and patronize. [Sec. 3, RA 10000; Sec. 4, RA 8435]. Farmer's 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, manpower, technological, financial or other economic resources, and operate 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 10000]. Farmers' organization. Farmers' cooperatives, associations, or corporations duly registered with appropriate govt. agencies and which are composed primarily of small agricultural producers, farmers, farmworkers, and other agrarian reform beneficiaries who voluntarily join together to form business enterprises which they themselves own, control and patronize. [Sec. 4, RA 7607]. Farm-to-market roads. Roads linking the agriculture and fisheries production sites, coastal landing points and postharvest facilities to the market and arterial roads and highways. [Sec. 4, RA 8435; Sec. 4, RA 8550]. Farmworker. 1. A natural person who renders service for value as an employee or laborer in an agricultural enterprise or farm regardless of whether his/her compensation is paid on daily, weekly, monthly or "pakyaw" basis. The term includes an individual whose work has ceased as a consequence of, or in connection with, a pending agrarian dispute who has not obtained a substantially equivalent and regular farm employment. [Sec. 3, RA 10000; Sec. 3, RA 6657]. 2. A natural person who renders service value as an employee or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly, monthly or pakyaw basis. [Sec. 4, RA 7607]. FAS. See Free alongside ship. Fast-food chains. See Quick service restaurants (QSRs). Fatal. Causing death; deadly or mortal. [People v. Umadhay, GR 119544. Aug. 3, 1998]. Fatality. 1. An occurrence of death by accident, in war, or from disease. 2. A person killed in this way. Fathom. A nautical measure of 6 feet in length. Favorabilia sunt amplianda adiosa restrigenda. Lat. Penal laws which are favorable to the accused are given retroactive effect. [People v. Zervoulakos, GR 103975. Feb. 23, 1995]. Favores ampliandi sunt; odia restringenda. Lat. Favorable inclinations should be ennouraged, animosities should be restrained. FCDU. See Foreign currency deposit unit. FDA. See Food and Drug Administration. Fear. An unpleasant emotional state characterized by anticipation of pain or great distress. It is a reaction to an external danger which is perceived to cause him harm. [People v. Dulay, GR 92600. Jan. 18, 1993].
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Featherbed. To provide someone with advantageous economic or working conditions. Featherbedding. The practice (usu. by a labor union) of requiring an employer to hire more workers than are required. Featherbedding activities. Also Makework activities. An unfair labor practice of a union for exacting or attempting to exact from an employer, compensation for service nor rendered or not intended to be rendered. [Poquiz, Labor Rel. Law, 1999 Ed. p. 167]. Federal union. Also Federation. Intl. Law. A combination of 2 or more states which, upon merger, ceases to be states, resulting in the creation of a new state with full international personality to represent them in external relations and a certain degree of power over their domestic affairs and their inhabitants. An example is the US. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 13]. Federation. See Federal union. Fee. 1. A charge fixed by law or ordinance for the regulation or inspection of a business or activity. [Sec. 131, RA 7160]. 2. A charge fixed by law for services of public officers or for use of a privilege under control of government. [Blacks Law Dic., 5th Ed., pp. 211 and 553]. Compare with Charge. Fee for service. See Fee-for-service. Fee simple. 1. The rights of disposal and recovery. [Edroso v. Sablana, GR 6878. Sep. 13, 1913]. 2. The most extensive tenure allowed under the feudal system allowing the tenant to sell or convey by will or be transfer to a heir if the owner dies intestate. In modern law, almost all land is held in fee simple and this is as close as one can get to absolute ownership in common law. Fee simple absolute. The most complete, unlimited form of ownership of real property. Feedstock. The organic sources such as molasses, sugarcane, cassava, coconut, jatropha, sweet sorghum or other biomass used in the production of biofuels. [Sec. 3, RA 9367]. Fee-for-service. Health Ins. A fee predetermined by the PhilHealth for each service delivered by a health care provider based on the bill. The payment system shall be based on a prenegotiated schedule promulgated by the PhilHealth. [Sec. 3, RA 10606]. Fellatio. Also Irrumation. Legal Med. Sexual gratification attained by sucking the penis and initiating ejaculation. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Cunnilingus. Felonies. Also Delitos. Acts and omissions punishable by law. They are committed not only be means of deceit (dolo) but also by means of fault (culpa). [Art. 3, RPC]. Felonies. Elements. The elements of felonies in general are: (a) there must be an act or omission; (b) the act or omission must be punishable under the Rev. Penal Code; and (c) the act is performed or the omission incurred by means of deceit or fault. [People v. Gonzales, GR 80762. Mar. 19, 1990]. Felonious. [The term] means, inter alia, malicious, villainous, and/or proceeding from an evil heart or purpose. [Villareal v. People, GR 151258, Feb. 1, 2012].
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Felony. 1. One of several crimes punishable under the Rev. Penal Code. 2. Sing. of Felonies. Fence. Any person, firm, association corporation or partnership or other organization who/which commits the act of fencing. [Sec. 2, PD 1612]. Fencing. The act of any person who, with intent to gain for himself or for another shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been deprived from the proceeds of the crime of robbery or theft. [Sec. 2, PD 1612]. Fencing. Elements: (a) A crime of robbery of theft has been committed; (b) the accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of the said crime; (c) the accused knows or should have known that the said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft; and (d) there is, on the part of the accused, intent to gain for himself or for another. [Dizon-Pamintuan v. People, GR 111426. July 11, 1994]. FEO. Firearms and Explosive Office. Ferry or Ferryboat. A boat or ship used to carry or ferry primarily passengers, and sometimes vehicles and cargo as well, across a body of water. Ferryboat service. A water transport service considered as a continuation of the highway when crossing rivers or even lakes, which are small body of waters separating the land. [San Pablo v. Pantranco South Express, Inc. GR L-61461 & 61501. Aug. 21, 1987]. Compare with Coastwise or interisland shipping service. Fertilizer. Any substance - solid or liquid or any nutrient element or elements organic or inorganic - singly or in combination with other materials, applied directly to the soil for the purpose of promoting plant growth, increasing crop yield or improving their quality. [Sec. 3, PD 1144]. Festoon. To hang in a curved shape bet. 2 points as a decoration. [Sec. 3, RA 8491]. Fetal and infant death review. A qualitative and in-depth study of the causes of fetal and infant death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies. [Sec. 4, RA 10354]. Fetish. An inanimate object worshiped for its supposed magical powers or because it is considered to be inhabited by a spirit. Fetishism. Legal Med. A sexual perversion wherein the real or fantasized presence of an object or bodily part is necessary for sexual stimulation and/or gratification. [Olarte, Legal Med., 1st Ed. (2004), p. 116]. Feudal. 1. Of, relating to, or characteristic of feudalism. 2. Of or relating to lands
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held in fee or to the holding of such lands. Feudal system. A social structure that existed throughout much of Europe bet. 800 and 1400 and that revolved around a multi-level hierarchy bet. lords (who held land granted under tenure from the king), and their tenants (also called Vassals).Tenants would lease land from the lord in exchange for loyalty and goods or services, such as military assistance or money. In exchange, the tenant would be protected from attack. Feudalism. A political and economic system of Europe from the 9th to about the 15th century, based on the holding of all land in fief or fee and the resulting relation of lord to vassal and characterized by homage, legal and military service of tenants, and forfeiture. Fiador. Sp. Bondsman, surety, guarantor, bailor, backer. [Luzon Surety v. City of Bacolod, GR L-23618. Aug. 31, 1970]. Fiat justitia ruat coelum. Lat. Let right be done though the heavens should fall. [Intl. Banking Corp. v. Yared, 59 Phil. 72, Dec. 11, 1933]. Fictitious. Not real or true, being imaginary or having been fabricated. Fictitious sale. A sale which does not produce legal effects or any change in the juridical situation of the parties. Fideicomisario. Sp. Succ. Beneficiary. [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. Fideicomiso. Sp. Trust. Succ. A form or manner of testamentary substitution by which the testator or trustor charges the heir [trustee] to deliver a certain aliquot portion of the estate, or all thereof, to a 3rd person who receives the name of beneficiary [fideicomisario]. A charge of confidence imposed upon the first-born usufructuary possessor to preserve the entailed properties in order to deliver in due time the possession and enjoyment thereof to the succeeding first-born. [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. Fideicommissary substitution. Succ. 1. A substitution by virtue of which the fiduciary or 1st heir instituted is entrusted with the obligation to preserve and to transmit to a 2nd heir the whole or part of the inheritance. [Art. 863, CC]. 2. It takes place where the testator designates a person as an heir charging him to deliver to another the whole or part of the inheritance under the circumstances provided in Art. 863 of the Civ. Code. [Bench Book for Trial Court Judges, p. 3-3]. Fideicommissary substitution. Succ. Limitations: (a) The substitution must not go beyond one degree from the heir originally instituted; (b) the fiduciary and the fideicommissary must be living at the time of the death of the testator; (c) the substitution must not burden the legitime of compulsory heirs; and (d) the substitution must be made expressly. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 197]. Fideicommissary substitution. Succ. Requisites: (a) There must be a 1st heir primarily called to the enjoyment of the estate; (b) there must be a 2nd heir; and (c) there must be an obligation clearly imposed upon the 1st heir to preserve the estate and to transmit it to the 2nd heir. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 196-197].
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Fideicommissum. Succ. One of the most popular legal institutions in Roman Law for several centuries. It translates from the Lat. word fides [trust] and committere [to commit], meaning that something is committed to one's trust. Fidelity. Faithfulness to a person, cause, or belief, demonstrated by continuing loyalty and support. Fidelity bond. 1. A kind of surety bond under which the liability of the surety is conditioned upon dishonesty, infidelity, theft or any act of the principal obligor amounting to estafa. 2. A bond that guarantees the honesty of individual/s [usu. employee/s] and assumes the payment of any loss which an employer may suffer due to the dishonesty of a bonded individual. Fiduciary. 1. A guardian trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person. [Sec. 22, NIRC, as amended]. 2. The term is synonymous to a trustee, which is the classic form of a fiduciary relationship. A fiduciary has rights and powers which would normally belong to another person. The fiduciary holds those rights which he must exercise to the benefit of the beneficiary. 3. A person or institution who manages money or property for another and who must exercise a standard care imposed by law, i.e., personal representative or executor of an estate, a trustee, etc. Fiduciary relation, What constitutes. The relation bet. parties in order to be fiduciary need not be legal, but by moral, social, domestic or merely personal; and where by reason of kinship, business association, disparity in age or physical or mental condition or other reason, the grantee is in an esp. intimate position with regard to another and the latter reposes a degree of trust and confidence in the former, confidential relationship exist which prohibits the one entrusted from seeking a selfish benefit for himself during the course of relationship, and affords a basis for imposing a constructive trust. [Sotto v. Teves, GR L-38018. Oct. 31, 1978]. Field personnel. Labor. 1. Nonagricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. [Art. 82, LC]. 2. Those whose performance of their job or service is not supervised by the employer or his representative, the workplace being away from the principal office and whose hours and days of work cannot be determined with reasonable certainty; hence, they are paid specific amount for rendering specific service or performing specific work. [Serrano v. Severino Santos Transit, GR 187698, Aug. 9, 2010]. Field Registration. The conduct of registration of overseas voters at predetermined locations, either in the Phils., as may be determined by the Comelec, or outside the posts, upon the favorable recommendation of the DFA-OVS, both being of limited duration and based on the guidelines prescribed by the Comelec for that exclusive purpose; the government shall not collect fees for the same. [Sec. 2, RA 10590]. Field sobriety tests. Standardized tests to initially assess and determine intoxication, such as the horizontal gaze nys-
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tagmus, the walk-and-turn, the one-leg stand, and other similar tests as determined jointly by the DOH, the Napolcom and the DOTC. [Sec. 3, RA 10586]. Fieri facias. Lat. That you cause to be made. Fieri facias writ. A writ commanding a sheriff to take and sell enough property from the person who lost the lawsuit, to pay the debt owed by the judgment. File. To place a paper in the official custody of the clerk of court or court administrator to enter into the files or records of a case. Filial. 1. Of or due from a son or daughter. 2. Having or assuming the relationship of child or offspring to parent. Filial privilege. See Parental and filial privilege. Filiation. The civil status of a child in relation to his/her father or mother. [Jurado, Civ. Law Reviewer, 19th Ed. (1999), p. 196]. See Paternity. Filiation, Proof of. The filiation of legitimate children is established by any of the following: (a) The record of birth appearing in the civil register or a final judgment; or (b) an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. In the absence of the foregoing evidence, the legitimate filiation shall be proved by: (a) the open and continuous possession of the status of a legitimate child; or (b) Any other means allowed by the Rules of Court and special laws. [Art. 172, FC]. Filibuster. The use of obstructionist tactics, esp. prolonged speechmaking, for the purpose of delaying legislative action. Filing. Rem. Law. The act of presenting the pleading or other paper to the clerk of court. [Sec. 2, Rule 13, RoC]. Filing fee. Rem. Law. The fee required for filing various documents. Filing system. Any act of information relating to natural or juridical persons to the extent that, although the information is not processed by equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular person is readily accessible. [Sec. 3, RA 10173]. Filipiniana. A derivation from 2 root words: namely Filipinas, the Spanishlanguage version of the country name of the Phils. and -ana or -aniana, which means collected items of information which may be anecdotal or bibliographical in nature. Filipinization law. The Law which limits a certain economic activity, or the exercise or enjoyment of a certain right, franchise, privilege, property or business only to Filipino citizens, or to corporations or associations at least a certain percentage of the capital of which is owned by Filipino citizens. See Nationalization law. Filipino. 1. The national language of the Phils. [Sec. 3, RA 7104]. 2. A native or national of the Phils., or a person of Filipino descent. 3. The Tagalog-based official language of the Rep. of the Phils.
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4. Of or relating to the Phils., the Filipinos, or their language. Filipino contractor. A construction contractor, who is a citizen of the Phils., or a corporation or other juridical entity, of which, in the case of a corporation, at least 60% of its capital stock outstanding and entitled to vote, is owned and held by citizens of the Phils. and at least 60% of the Board of Directors thereof are citizens of the Phils., and in the case of any other juridical entity, at least 60% of its equity is owned and held by citizens of the Phils. [Sec. 3, PD 1167]. Filipino World War II Veterans Pensions and Benefits Act of 2008. RA 9499 entitled An Act Allowing Filipino World War II Veterans to Continue Receiving Phil. Govt. Pensions and Benefits Notwithstanding Similar Pensions and Benefits Provided by the US Govt., Thereby Amending RA 6948, as Amended enacted on Apr. 9, 2008. Filipino-first policy. The constitutional provision whereby the State is mandated to give preference to qualified Filipinos in the grant of rights, privileges, and concessions covering the national economy and patrimony. [Sec. 10, Art. XII of the 1987 Consti.]. Filipinos overseas. Filipinos who are permanent residents abroad, incl. Filipino emigrants who are either already citizens of foreign countries or are still Filipino citizens awaiting naturalization, recognition, or admission, and their descendants. [Sec. 2, BP 79]. FIMS. See Firearms Information Management System. Final act. Intl. Law. Sometimes called Protocol de cloture. 1. An instrument which records the winding up of the proceedings of a diplomatic conference and usu. includes a reproduction of the texts of treaties, conventions, recommendations and other acts agreed upon and signed by the plenipotentiaries attending the conference. It is not the treaty itself. It is rather a summary of the proceedings of a protracted conference which may have taken place over several years. [Taada v. Angara, GR 118295. May 2, 1997]. 2. The records of the winding up of the proceedings of a conference. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 493]. See Act. Final and executory judgment. Rem. Law. A judgment which becomes "final and executory" by operation of law. Finality of judgment becomes a fact upon the lapse of the reglementary period to appeal if no appeal is perfected. In such a situation, the prevailing party is entitled to a writ of execution, and issuance thereof is a ministerial duty of the court. [City of Manila v. CA, GR 100626. Nov. 29, 1991]. Compare with Final judgments. Final injunction. Rem. Law. A judgment rendered after trial which perpetually restrains the party or person from the commission or continuance of the act or acts, or confirming the preliminary mandatory injunction. [Feria and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p. 325]. Final judgment or order. Rem. Law. An order which disposes of the whole subject matter or terminates a particular proceeding or action, leaving nothing to be done but to enforce by execution what has been determined. [Marcelo v.
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de Guzman, GR L-29077, 29 June 1982]. Compare with Interlocutory order. Final judgments. Rem. Law. Judgments which finally dispose of, adjudicate, or determine the rights of the parties in the case. But such judgments are not yet "final and executory" pending the expiration of the reglementary period for appeal. During that period, execution of the judgment cannot yet be demanded by the winning party as a matter of right. [City of Manila v. CA, GR 100626. Nov. 29, 1991]. Compare with Final and executory judgment. Final order or judgment. Rem. Law. One which either terminates the action itself or operates to vest some right in such manner as to put it out of the power of the court making the order to place the parties in their original condition. More specifically, it is that which disposes of the whole subject matter or terminates the particular proceedings or action, leaving nothing to be done but to enforce by execution what has been determined. [Ceniza v. CA, GR 95296. Feb. 3, 1993]. Final resolution. Rem. Law. A resolution finally disposing of a case, such as one dismissing a case. Final withholding tax. A kind of withholding tax which is prescribed on certain income payments and is not creditable against the income tax due of the payee on other income subject to regular rates of tax for the taxable year. Income Tax withheld constitutes the full and final payment of the Income Tax due from the payee on the particular income subjected to final withholding tax. Finality of judgment. Rem. Law. [It] becomes a fact when the reglementary period to appeal lapses and no appeal is perfected within such period. As a consequence, no court can exercise appellate jurisdiction to review a case or modify a decision that has became final. [SSS v. Isip, GR 165417, Apr. 3, 2007]. Finality of judgment doctrine. Rem. Law. The doctrine that once a judgment attains finality it thereby becomes immutable and unalterable. It may no longer be modified in any respect, even if the modification is meant to correct what is perceived to be an erroneous conclusion of fact or law, and regardless of whether the modification is attempted to be made by the court rendering it or by the highest court of the land. Just as the losing party has the right to file an appeal within the prescribed period, the winning party also has the correlative right to enjoy the finality of the resolution of his case. The doctrine of finality of judgment is grounded on fundamental considerations of public policy and sound practice, and that, at the risk of occasional errors, the judgments or orders of courts must become final at some definite time fixed by law; otherwise, there would be no end to litigations, thus setting to naught the main role of courts of justice which is to assist in the enforcement of the rule of law and the maintenance of peace and order by settling justiciable controversies with finality. [Gallardo-Corro v. Gallardo, 403 Phil. 498 (2001)]. Finality of judgment rule. Rem. Law. A rule grounded on the fundamental principle of public policy and sound practice that at the risk of occasional error, the judgment of court and award of quasi-
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judicial agencies must become final at some definite date fixed by law. [Reyes v. CA, GR 120817. Nov. 4, 1996]. Finality of judgment rule. Rem. Law. Exceptions. The rule [may be relaxed] in order to serve substantial justice considering (a) matters of life, liberty, honor or property, (b) the existence of special or compelling circumstances, (c) the merits of the case, (d) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules, (e) a lack of any showing that the review sought is merely frivolous and dilatory, and (f) the other party will not be unjustly prejudiced thereby. [Barnes v. Padilla, 482 Phil. 903, 915 (2004)]. Finance. 1. The science of the management of money and other assets. 2. The management of money, banking, investments, and credit. Finance charges. The amount to be paid by the debtor incident to the extension of credit such as interest or discounts, collection fees, credit investigation fees, and other service charges. [Sec. 3, RA 8484]. Finance lease. Also Full payout lease. A contract involving payment over an obligatory period (also called primary or basic period) of specified rental amounts for the use of a lessor's property, sufficient in total to amortize the capital outlay of lessor and to provide for the lessor's borrowing costs and profits. [Beltran v. PAIC Finance Corp., GR 83113. May 19, 1992]. Financial assistance. The giving out of money to another without the expectation of any returns therefrom. It connotes an ex gratia dole out in favor of someone driven into a state of destitution. [Leung v. IAC, GR 70926. Jan. 31, 1989]. Financial connections. The existing connections with any business enterprise or entity, whether as a consultant, adviser and the like, with an expectation of remuneration for services rendered, 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]. Financial intermediaries. Persons or entities whose principal functions include the lending, investing or placement of funds or evidences of indebtedness or equity deposited with them, acquired by them, or otherwise coursed through them, either for their own account or for the account of others. [Sec. 1, PD 71]. Financial leasing. A mode of extending credit through a non-cancelable lease contract under which the lessor purchases or acquires, at the instance of the lessee, machinery, equipment, motor vehicles, appliances, business and office machines, and other movable or immovable property in consideration of the periodic payment by the lessee of a fixed amount of money sufficient to amortize at least 70% of the purchase price or acquisition cost, incl. any incidental expenses and a margin of profit over an obligatory period of not less than 2 years during which the lessee has the right to hold and use the leased property with the right to expense the lease rentals paid to the lessor and bears the cost of repairs, maintenance, insurance and preservation thereof, but with no obligation or option on his part to
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purchase the leased property from the owner-lessor at the end of the lease contract. [Sec. 3, RA 8556]. Financial or technical assistance agreement. A contract involving financial or technical assistance for largescale exploration, development, and utilization of mineral resources. [Sec. 3, RA 7942]. Financial Rehabilitation and Insolvency Act (FRIA) of 2010. RA 10142 entitled An Act Providing for the Rehabilitation or Liquidation of Financially Distressed Enterprises and Individuals enacted in 2010. Financial services. Services extended by banks or financial institutions such as, but not limited to, credit or lending, deposits and rediscounting. [Sec. 3, RA 10000]. Financier. Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under RA 9165. [Sec 3, RA 9165]. Financier or Capitalist. Any person who finances the operations of any illegal numbers game. [Sec. 2, RA 9287]. Financing. The proviision of funding for a person or enterprise. Financing companies. 1. Corporations, except banks, investments houses, savings and loan associations, insurance companies, cooperatives, and other financial institutions organized or operating under other special laws, which are primarily organized for the purpose of extending credit facilities to consumers and to industrial, commercial, or agricultural enterprises, by direct lending or by discounting or factoring commercial papers or accounts receivable, or by buying and selling contracts, leases, chattel mortgages, or other evidences of indebtedness, or by financial leasing of movable as well as immovable property. [Sec. 3, RA 8556]. Financing Company Act. RA 5980 enacted on Aug. 4, 1969. Financing Company Act of 1998. RA 8556 entitled An Act amending RA 5980, as amended, otherwise known as the Financing Company Act enacted on Feb. 26, 1998. Financing lease. It may be seen to be a contract sui generis, possessing some but not necessarily all of the elements of an ordinary or civil law lease. Thus, legal title to the equipment leased is lodged in the financial lessor. The financial lessee is entitled to the possession and use of the leased equipment. At the same time, the financial lessee is obligated to make periodic payments denominated as lease rentals, which enable the financial lessor to recover the purchase price of the equipment which had been paid to the supplier thereof. [Beltran v. PAIC Finance Corp., GR 83113 and 83258, May 19, 1992]. Finding. Formal conclusion by a judge or regulatory agency on issues of fact. Finding of default. See Default, Finding of. Findings of fact. The written statement of the ultimate facts as found by the court and essential to support the decision and judgment rendered thereon; they consist of the court's conclusions with respect to the determinative facts on is-
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sue. [Air France v. Carrascoso, GR L21438. Sep. 28, 1966]. Fine. 1. Pecuniary punishment imposed by a lawful Tribunal upon a person convicted of crime or misdemeanor. It may include a forfeiture or penalty recoverable in a civil action. [Vda. De Tad-y v. Ledesma, GR 28638. Sep. 21, 1928]. 2. A sum of money paid as part of a penalty of conviction for a particular criminal offense. Fine mesh net. Net with mesh size of less than 3 centimeters measured bet. 2 opposite knots of a full mesh when stretched or as otherwise determined by the appropriate govt. agency. [Sec. 4, RA 8550]. Fingir. Sp. Contrahacer alguna cosa dandola la semejanza de lo que no es. Eng. To counterfeit something, giving it the appearance of that which it is not. [US v. Paraiso, GR 91. Nov. 13, 1901]. Compare with Contrahaciendo. Finis. Lat. The end; finish; conclusion: used at the end of some books or movies. Finished products. Processed and manufactured coral articles of trade and commerce in a form that may be immediately utilized by the end-user or consumer such as, but not limited to, jewelries or decorative articles. [Sec. 3, PD 1219]. Finishes. Materials used as final coating of a surface for ornamental or protective purposes. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Fire. The active principle of burning, characterized by the heat and light of combustion. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Fire alarm. Any visual or audible signal produced by a device or system to warm the occupants of the building or fire fighting elements of the presence or danger of fire to enable them to undertake immediate action to save life and property and to suppress the fire. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Fire Code of the Philippines. PD 1185 signed into law on Aug. 26, 1977. Fire Code of the Philippines of 2008, Revised. RA 9514 entitled An Act Establishing a Comprehensive Fire Code of the Phils., repealing PD 1185 and for other purposes enacted on Dec. 19, 2008. Fire door. A fire resistive door prescribed for openings in fire separation walls or partitions. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Fire exit. A door or window that is clear of obstructions, designated by local authorities for egress. Fire hazard. Any condition or act which increases or may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and property. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Fire insurance policy, Conditions for cancellation of. A valid cancellation [of a fire insurance policy] must require concurrence of the following conditions: (a) There must be prior notice of cancellation to the insured; (b) the notice must be based on the occurrence, after the effective date of the policy, of one or
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more of the grounds mentioned; (c) the notice must be (1) in writing, (2) mailed, or delivered to the named insured, (3) at the address shown in the policy; (d) it must state (1) which of the grounds mentioned in Sec. 64 (of the Ins. Code) is relied upon and (2) that upon written request of the insured, the insurer will furnish the facts on which the cancellation is based. [Malayan Ins. Co., Inc. (MICO) v. Cruz-Arnaldo, GR L-67835. Oct. 12, 1987]. Fire insurance. 1. Insurance against loss by fire, lightning, windstorm, tornado or earthquake and other allied risks, when such risks are covered by extension to fire insurance policies or under separate policies. [Sec. 167, IC]. 2. An aleatory contract by which the insured in effect wagers that his house will be burned, with the insurer assuring him against the loss, for a fee. If the house does burn, the insured, while losing his house, wins the wager. The prize is the recompense to be given by the insurer to make good the loss the insured has sustained. [Malayan Insurance Co., Inc. (MICO) v. Cruz-Arnaldo, GR L-67835. Oct. 12, 1987]. Fire insurance policy. A personal contract of indemnity against a loss by the person insured, by fire. Fire lane. The portion of a roadway or publicway that should be kept opened and unobstructed at all times for the expedient operation of fire fighting units. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Fire protective and fire safety device. Any device intended for the protection of buildings or persons to include but not limited to built-in protection system such as sprinklers and other automatic extinguishing system, detectors for heat, smoke and combustion products and other warning system components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect themselves during fire. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Fire resistance rating. The duration for which a passive fire protection system can withstand a standard fire resistance test. See Fire-resistance rating. Fire resistant. Fire-retardant: difficult to burn. See Fire-resistant. Fire resistive time period rating. The length of time a material can withstand being burned which may be one- hour, two- hours, four- hours, etc. See Fireresistive time period rating. Fire safety constructions. Design and installation of walls, barriers, doors, windows, vents, means of egress, etc. integral to and incorporated into a building or structure in order to minimize danger to life from fire, smoke, fumes or panic before the building is evacuated. These features are also designed to achieve, among others, safe and rapid evacuation of people through means of egress sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and delay their spread to other parts of the building by means of smoke sealed and fire resistant doors, walls and floors. It shall also mean to include the treatment of buildings components or contents with flame retardant chemicals. [Sec. 3, PD 1185; Sec. 3, RA 9514].
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Fire trap. A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Fire wall. A fireblock with extends vertically from the lowest portion of the wall which adjoins the 2 living units up to a minimum height of 0.30 meter above the highest portion of the roof attached to it; the fire wall shall also extend horizontally up to a minimum distance of 0.30 meter beyond the outermost edge of the abutting living units. [Sec. 3, BP 220]. Firearm. 1. Any instrument or device with which it is possible to propel a projectile by the expansive force of the gases generated by the combustion of an explosive substance. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 696]. 2. Any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile, which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement. For purposes of RA 10591, the barrel, frame or receiver is considered a firearm. [Sec. 3, RA 10591]. Firearms Information Management System (FIMS). The compilation of all data and information on firearms ownership and disposition for record purposes. [Sec. 3, RA 10591]. Fireblock. Any wall which separate 2 abutting living units so as to resist the spread of fire. Such wall shall be of masonry construction e.g., cement hollow blocks, bricks, reinforced concrete, etc. at least 4" thick, and shall extend throughout the whole length of the living units and from the lowest portion of the wall adjoining the living units up to the point just below the roof covering of purlins. [Sec. 3, BP 220]. Fire-resistance rating. the duration for which a passive fire protection system can withstand a standard fire resistance test. This can be quantified simply as a measure of time, or it may entail a host of other criteria, involving other evidence of functionality or fitness for purpose. Fire-resistant. Fire-retardant: difficult to burn. Fire-resistive time period rating. The length of time a material can withstand being burned which may be 1-hour, 2hours, 3-hours, 4-hours, etc. [Sec. 3, BP 220]. Firm. Any partnership, association, or other unincorporated business organization. [Sec. 4, RA 9296]. Firm offer. An offer which the offeror promises to keep open for a fixed period of time. Firms. The term by which groups of lawyers are called. It is usu. a partnership and members of the firm are the partners. Some firms may be organized as professional corporations and the members called shareholders. In either case, the members of the firm are the experienced attorneys. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991]. First class ricelands. Those which yield more than 40 cavans per hectare, the same to be computed upon the normal average harvest of the 3 preceding years. [Sec. 14, RA 2263].
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First jeopardy. Elements: (a) Court of competent jurisdiction; (b) valid complaint or information; (c) arraignment and a (d) valid plea [People v. Ylagan, 58 Phil. 851; 853]; (e) the defendant was acquitted or convicted or the case was dismissed or otherwise terminated without the express consent of the accused. [People v. Declaro, GR 64362, Feb. 9, 1989]. First language. A person's native language. See Mother language. First level. Civ. Serv. One of the 3 classes of positions in the career service appointment to which requires examinations [and which] shall include clerical, trades, crafts and custodial service positions which involve non-professional or sub-professional work in a nonsupervisory or supervisory capacity requiring less than 4 years of collegiate studies. [Admin. Code of 1987]. First name. A name or nickname given to a person which may consist of one or more names in addition to the middle and last names. [Sec. 2, RA 9053]. First party certification. When the certification criteria and rules are set and monitor or enforced by the producer or company itself. [Sec. 3, RA 10068]. First reading of a bill. The reading of the number, title, and author followed by the referral to the appropriate committees. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. First refusal, Right of. 1. The right to have the 1st opportunity to purchase real estate when such becomes available, or the right to meet any other offer. 2. A right given to a person to be the 1st person allowed to purchase a certain object if it is ever offered for sale. The owner of this right is the 1st to be offered the designated object if it is ever to be offered for sale. First written notice. [The notice] to be served on the employees [to be dismissed which] should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. [Inguillo v. First Phil. Scales, Inc., GR 165407, June 5, 2009]. Compare with Second written notice. Fiscal. 1. Of or relating to government revenue, esp. taxes. or relating to financial matters. 2. Old name for a public prosecutor. Fiscal adequacy. One of the characteristics of a sound tax system which requires that sources of revenues must be adequate to meet govt. expenditures and their variations. [Chavez v. Ongpin, GR 76778. June 6, 1990]. Fiscal autonomy. 1. As envisioned in the Consti., the autonomy enjoyed by the Judiciary, the CSC, the COA, the Comelec, and the Office of the Ombudsman (which) contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require. It recognizes the power and authority to levy, assess and collect fees, fix rates of compensation not exceeding the highest rates authorized by law for compensation and play plans of the govt. and allocate and disburse such sums as may be provided by law or prescribed by them in the course of the discharge of their functions. 2. Freedom from outside control.
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[Bengzon v. Drilon, GR 103524. Apr. 15, 1992]. Fiscal policy. A government policy for dealing with the budget esp. with taxation and borrowing. Fiscal year. 1. An accounting period of 12 months ending on the last day of any month other than Dec. [Sec. 22, NIRC, as amended]. 2. The period beginning with the 1st day of Jan. and ending with the 31st day of Dec. of each calendar year. [Sec. 2, Chap. 1, Book VI, EO 292]. Compare with Calendar year. Fish. All fishes and other aquatic animals such as crustaceans (crabs, prawns, shrimps and lobsters), mollusks (clams, mussels, scallops, oysters, snails and other shellfish). [Sec. 3, PD 43]. Fish and fishery or aquatic products. This includes not only finfish but also mollusks, crustaceans, echinoderms, marine mammals, and all other species of aquatic flora and fauna and all other products of aquatic living resources in any form. [Sec. 4, RA 8550]. Fish cage. An enclosure which is either stationary or floating made up of nets or screens sewn or fastened together and installed in the water with opening at the surface or covered and held in a place by wooden or bamboo posts or various types of anchors and floats. [Sec. 4, RA 8550]. Fish corral or Baklad. A stationary weir or trap devised to intercept and capture fish consisting of rows of bamboo stakes, plastic nets and other materials fenced with split blood mattings or wire mattings with one or more enclosures, usu. with easy entrance but difficult exit, and with or without leaders to direct the fish to the catching chambers, purse or bags. [Sec. 4, RA 8550; Sec. 3, PD 704]. Fish fingerlings. A stage in the life cycle of the fish measuring to about 6-13 cm. depending on the species. [Sec. 4, RA 8550]. Fish fry. A stage at which a fish has just been hatched usu. with sizes from 1-2.5 cm. [Sec. 4, RA 8550]. Fish pen. 1. An artificial enclosure constructed within a body of water for culturing fish and fishery or aquatic resources made up of poles closely arranged in an enclosure with wooden materials, screen or nylon netting to prevent escape of fish. [Sec. 4, RA 8550]. 2. Fish enclosure made of closely-woven bamboo screens or nets, or other materials attached to poles staked to the water bottom for the purpose of growing and/or culture of fish to various sizes in both fresh and salt water areas. [Sec. 3, PD 704]. Fish plates. Strips of iron 8" to 12" long and 3" thick which are attached to the rails by 4 bolts, 2 on each side, to keep the rails aligned. [Ma-Ao Sugar Central Co., Inc. v. CA, GR 83491. Aug. 27, 1990]. Fisherfolk. 1. People directly or personally and physically engaged in taking and/or culturing and processing fishery and/or aquatic resources. [Sec. 3, RA 10000; Sec. 4, RA 8550]. 2. Those directly or indirectly engaged in taking, culturing, or processing fishery or aquatic resources. These include, but are not to be limited to, women engaged in fishing in municipal waters, coastal and ma-
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rine areas, women workers in commercial fishing and aquaculture, vendors and processors of fish and coastal products, and subsistence producers such as shell-gatherers, managers, and producers of mangrove resources, and other related producers. [Sec. 4, RA 9710]. Fisherfolk cooperative. A duly registered association of fisherfolk with a common bond of interest, who have voluntarily joined together to achieve a lawful common social or economic end, making equitable contribution to the capital requirement and accepting a fair share of the risks and benefits of the undertakings in accordance with universally accepted cooperative principles. [Sec. 4, RA 8550]. Fisherfolk organization. An organized group, association, federation, alliance or an institution of fisherfolk which has at least 15 members, a set of officers, a constitution and by-laws, an organizational structure and a program of action. [Sec. 4, RA 8550]. Fisheries. 1. All systems or networks of interrelated activities which include the production, growing, harvesting, processing, marketing, developing, conserving, and managing of all aquatic resources and fisheries areas. [Sec. 4, RA 8435]. 2. All activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving and managing aquatic resources and the fishery areas, incl. the privilege to fish or take aquatic resource thereof. [Sec. 4, RA 8550]. Fisheries Decree of 1975. PD 704 entitled Revising and consolidating all laws and decrees affecting fishing and fisheries signed into law on May 16, 1974. Fisheries sector. The sector engaged in the production, growing, harvesting, processing, marketing, developing, conserving, and managing of aquatic resources and fisheries areas. [Sec. 4, RA 8435]. Fishery. The business of catching, taking, handling, marketing and preserving fish or other fishery or aquatic products; the fishing grounds; and the right to fish or take such products therefrom. [Sec. 3, PD 704]. Fishery industry. 1. Fish produces, fish processors, fish traders, both wholesalers and retailers, and owners of refrigerating and cold storage plants serving the industry. [Sec. 3, PD 704]. 2. The production, processing, preservation, marketing and distribution of fish and fishery products. [Sec. 3, PD 43]. Fishery industry, components of the. Fish producers, fish processors, fish traders both wholesalers and retailers, and owners of refrigerating and cold storage plants serving the industry. [Sec. 3, PD 43]. Fishery management areas. A bay, gulf, lake or any other fishery area which may be delineated for fishery resource management purposes. [Sec. 4, RA 8550]. Fishery operator. One who owns and provides the means incl. land, labor, capital, fishing gears and vessels, but does not personally engage in fishery. [Sec. 4, RA 8550]. Fishery products. All products of aquatic living resources in any form. [Sec. 3, PD 43].
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Fishery refuge and sanctuaries. A designated area where fishing or other forms of activities which may damage the ecosystem of the area is prohibited and human access may be restricted. [Sec. 4, RA 8550]. Fishery reserve. A designated area where activities are regulated and set aside for educational and research purposes. [Sec. 4, RA 8550]. Fishery species. All aquatic flora and fauna incl., but not restricted to, fish, algae, coelenterates, mollusks, crustaceans, echinoderms and cetaceans. [Sec. 4, RA 8550]. Fishing. 1. The taking of fishery species from their wild state of habitat, with or without the use of fishing vessels. [Sec. 4, RA 8550]. 2. The application of techniques using various gear in catching fish and other fisheries products. [Sec. 4, RA 8435]. Fishing boat. 1. Any boat, ship or other watercraft of 3 gross tons or less, equipped to be used for taking of fishery species or aiding or assisting 1 or more vessels in the performance of any activity relating to fishing incl., but not limited to, preservation, supply, storage, refrigeration, transportation and/or processing. [Sec. 3, RA 10601]. 2. All boats, such as bancas, sailboats, motor boats or any other type of watercraft, whether licensed or not, used for fishing purposes: Provided, That any such boat used for the purpose of transporting the fish in the course of fishing operations shall be considered as a fishing boat. [Sec. 3, PD 704]. Fishing boat / Gear license. A permit to operate specific types of fishing boat or gear for specific duration in areas beyond municipal waters for demersal or pelagic fishery resources. [Sec. 4, RA 8550]. Fishing expedition. An open-ended inquiry or investigation, often undertaken on the pretext of a minor or unrelated matter, whose real purpose is to uncover embarrassing or damaging information. Fishing gear. Any instrument or device and its accessories utilized in taking fish and other fishery species. [Sec. 4, RA 8550]. Fishing grounds. Areas in any body of water where fish and other aquatic resources congregate and become target of capture. [Sec. 4, RA 8435]. Fishing vessel. Any boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one or more vessels in the performance of any activity relating to fishing, incl., but not limited to, preservation, supply, storage, refrigeration, transportation and/or processing. [Sec. 4, RA 8550]. Fishing with the use of explosives. The use of the dynamite, other explosives or other chemical compounds that contain combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or parts of the compound, will kill, stupefy, disable or render unconscious any fishery species. [Sec. 4, RA 8550; Sec. 3, PD 704; Sec. 1, PD 534]. Fishing with the use of noxious or poisonous substances. 1. The use of any substance, plant extracts or juice there-
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of, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat. [Sec. 4, RA 8550]. 2. The use of any substance or chemical, whether in raw or processed form, harmful or harmless, which kill, stupefy, disable, or render unconscious fish or fishery or aquatic products. [Sec. 3, PD 704; Sec. 1, PD 534]. Fishpond. 1. A land-based facility enclosed with earthen or stone material to impound water for growing fish. [Sec. 4, RA 8550]. 2. A body of water (artificial or natural) where fish and other aquatic products are cultures, raised or cultivated under controlled conditions. Fishponds. Bodies of water enclosed by dikes of earth or other material constructed for the care and conservation of fish, for purposes of profit; in this respect fishponds and its waters are artificial, not natural, as they are constructed through human effort and labor. [De Guzman v. Mun. of Taytay, GR 43626. Mar. 7, 1938]. Fishworker. 1. A person whether or not regularly employed in commercial fishing and related industries, whose income is either from wages, profit sharing or stratified sharing basis, incl. those working in fishpens, fish corral/traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boat or trawlers, or fish processing and/or packing plants, but excluding administrators, security guards and overseers. [Sec. 3, RA 10000]. 2. A person regularly or not regularly employed in commercial fishing and related industries, whose income is either in wage, profit-sharing or stratified sharing basis, incl. those working in fish pens, fish cages, fish corrals or traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boat or trawlers, or fish processing and/or packing plants. [Sec. 4, RA 8550]. Fit and Proper Rule. The standard for determining whether a member of the Board of Directors or Trustees or CEO is fit and proper to hold a position in a GOCC which shall include, but not be limited to, standards on integrity, experience, education, training and competence. [Sec. 3, RA 10149]. Fit for Human Consumption. 1. Meat that has passed and appropriately branded by an inspector as safe and wholesome and in which no changes due to disease, decomposition or contamination have subsequently been found. [Sec. 4, RA 9296]. 2. An implied warranty by the seller to the buyer of food. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. Five air freedoms. Intl. Law. (a) to fly across territory without landing; (b) the freedom to land for non-traffic purposes; (c) the freedom to put down traffic originating in the state of the aircraft; (d) the freedom to embark traffic destined for the state of the aircraft; and (e) the freedom to embark traffic destined for, or to put down traffic coming from, a 3rd state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 76]. Fixation. The embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device. [Sec. 202, RA 8293].
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Fixed lump-sum contract. [A contract where] the project owner agrees to pay the contractor a specified amount for completing a scope of work involving a variety of unspecified items of work without requiring a cost breakdown. Compare with Unit price contract. Fixed price contract. A contract (with) a fixed price, i.e., not subject to escalation. [Baylen Corp. v. CA, GR 76787. Dec. 14, 1987]. Fixed value plans. Pre-need plans whose 'benefits and costs are fixed and predetermined at the inception or purchase of the plan. [Sec. 4, RA 9829]. Fixed-term character of employment. The period agreed upon bet. the employer and the employee; employment exists only for the duration of the term and ends on its own when the term expires. [Mercado v. AMA Computer Coll., GR 183572. Apr. 13, 2010]. Fixer. Any individual whether or not officially involved in the operation of a govt. office or agency who has access to people working therein, and whether or not in collusion with them, facilitates speedy completion of transactions for pecuniary gain or any other advantage or consideration. [Sec. 4, RA 9485]. Flag. A piece of cloth, usu. rectangular, of distinctive color and design, used as a symbol, standard, signal, or emblem. Flag and Heraldic Code of the Philippines. RA 8491 entitled An Act prescribing the code of the national flag, anthem, motto, coat-of-arms and other heraldic items and devices of the Phils. enacted on Feb. 12, 1998. Flag of convenience. 1. A state with which a vessel is registered for various reasons such as low or non-existent taxation or low operating costs although the ship has no genuine link with that state. [Harris, Cases and Materials on Intl. Law, 5th ed., 1998, p. 425]. 2. The granting of nationality (and the right to fly a flag) to a ship by a state when there is little or no connection such as ownership, nationality of the crew, routes followed, etc. bet. the ship and the state. Compare with Flag State. Flag of truce. Intl. Law. A white flag carried by an individual authorized by one belligerent to enter into communications with the other belligerent. The bearer, or parlementaire, is entitled to inviolability as long as he does not take advantage of his privileged position to commit an act of treachery. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 142]. Flag Salute Law. RA 1265 entitled An Act making flag ceremony compulsory in all educational institutions enacted on June 11, 1955. Flag state. 1. A ship has the nationality of the flag of the state it flies, but there must be a genuine link bet. the state and the ship. [Art. 91, UNCLOS]. 2. The state that allows a ship to fly its flag and that grants the ship its nationality. Compare with Flag of Convenience. Flagship. The ship in a fleet that carries the commanding admiral. Flammable. Any substance or material that is highly combustible and selfigniting by chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl monochloride, and other aluminum compounds, am-
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monium chlorate and other ammonium mixtures and other similar substances or materials. [Sec. 5, RA 6235]. Flash point. The minimum temperature at which any material gives off vapor in sufficient concentration to form an ignitable mixture with air. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Flee. 1. To run away from a place or situation of danger. 2. To run away from someone or something. Flesh wound. A wound which is superficial in nature. Flexi time or Sliding flexible work schedule. An arrangement where an employee works at least eight hours each working day but may start and quit work at his/her convenient time provided that this does not disrupt the daily operation and delivery of service of the establishment. Flexible constitution. A constitution which can be changed by ordinary legislation. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 9]. Compare with Rigid constitution. Flexible work schedule of a solo parent. The right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer. [Sec. 3, RA 8972]. Flexitime. A system permitting flexibility of working hours at the beginning or end of the day, provided an agreed period of each day (core time) is spent at work. Flight. The act or an instance of running away; an escape. Flight to enemy's country. Crim. Law. The felony committed by any person who, owing allegiance to the (Phil.) Govt., attempts to flee or go to an enemy country when prohibited by competent authority. [Art. 121, RPC]. Flip-flop. To vote for one proposition at first [take a stand], shift to the opposite proposition upon the 2nd vote [flip], and revert to his first position upon the 3rd [flop]. [J. Abad, Concurring Opinion, League of Cities of the Phil. V. Comelec, GR 176951, GR 177499, GR 178056, Apr. 12, 2011]. Flip-flopping or Flipping. The stances of an agency or board whereby, after absolving [a person] in a decision that became final, it reversed itself and found that he was guilty, based on the same evidence it had rejected in its 1st decision. [Fruto v. Reyes, GR 82304. Nov. 29, 1989]. Floating law clause. A clause in a contract which permits one party to the contract to choose the applicable law, after a predetermined event has occurred. Such clauses have been criticized for lending themselves to evasion of the law. Floating status. 1. An indefinite period of time when [employees] do not receive any salary or financial benefit provided by law. 2. (Employees who) remained without work or assignment x x x for a (certain) period. [Agro Commercial Security Services Agency, Inc. v. NLRC, GR 82823-24. July 31, 1989]. Floor-wage method. A method used in legislation involving the fixing of determinate amount that would be added to the prevailing statutory minimum wage.
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[ECOP v. NWPC, GR 96169. Sep. 24, 1991, quoting NWPC's Order of Nov. 6, 1990]. Compare with Salary-ceilingmethod. Fluvial. Of or found in a river. Fluvial domain. See Maritime domain. Fly. The part of the flag outside the hoist or length. [Sec. 3, RA 8491]. FOB. See Free on Board. Follow-up. The monitoring of a newborn with a heritable condition for the purpose of ensuring that the newborn patient complies fully with the medicine of dietary prescriptions. [Sec. 4, RA 9288]. Food. 1. Any processed substance which is intended for human consumption and includes drink for man, beverages, chewing gum and any substances which have been used as an ingredient in the manufacture, preparation or treatment of food. [Sec. 9, RA 9711]. 2. Any substance, whether processed, semiprocessed or raw, intended for human consumption and includes chewing gum, drinks and beverages and any substance which has been used as an ingredient or a component in the manufacture, preparation or treatment of food. [Art. 4, RA 7394]. Food or Dietary supplement. A processed food product intended to supplement the diet that bears or contains one or more of the following dietary ingredients: vitamin, mineral, herb, or other botanical, amino acid, and dietary substance to increase the total daily intake in amounts conforming to the latest Phil. recommended energy and nutrient intakes or internationally agreed minimum daily requirements. It usu. is in the form of capsules, tablets, liquids, gels, powders or pills and not represented for use as a conventional food or as the sole item of a meal or diet or replacement of drugs and medicines. [Sec. 9, RA 9711]. Food additive. Any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (incl. any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and incl. any source of radiation intended for any such use), if such substance is not generally recognized, among experts qualified as having been adequately shown through scientific procedures to be safe under the conditions of the intended use. [Art. 4, RA 7394]. Food and Drug Administration (FDA) Act of 2009. RA 9439 entitled An Act Strengthening and Rationalizing the Regulatory Capacity of the Bu. of Food and Drugs (BFAD) by Establishing Adequate Testing Laboratories and Field Offices, Upgrading Its Equipment, Augmenting Its Human Resource Complement, Giving Authority to Retain Its Income, Renaming It the Food and Drug Administration (FDA), Amending Certain Sections of RA 3720, as Amended, and Appropriating Funds Therefor enacted on Aug. 18, 2009. Food Animal. All domestic animals slaughtered for human consumption such as but not limited to cattle, carabaos, buffaloes, horses, sheep, goats, hogs, deer, rabbits, ostrich and poultry. [Sec. 4, RA 9296].
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Food fortification. The addition of nutrients to processed foods at levels above the natural state. [Sec. 4, RA 8172]. Food security. 1. The policy objective, plan and strategy of meeting the food requirements of the present and future generations of Filipinos in substantial quantity, ensuring the availability and affordability of food to all, either through local production or importation, or both, based on the country's existing and potential resource endowment and related production advantages, and consistent with the overall national development objectives and policies. [Sec. 4, RA 8435]. 2. Any plan, policy or strategy aimed at ensuring adequate supplies of appropriate food at affordable prices. [Sec. 4, RA 8550]. Food self-sufficiency. The state of being able to meet consumption needs (particularly for staple food crops) from own production rather than by buying or importing. Food-grade. Considered safe for use in food by the Food and Drug Administration. Food-grade salt. Salt for human and animal consumption as distinguished from industrial salt. [Sec. 4, RA 8172]. Footbridge. A bridge designed for pedestrians. Footpath. A path for people to walk along. See Path walk. For cause. Civ. Serv. That means "a guarantee of both procedural and substantive due process (in the removal or suspension of a civil service officer or employee). [Dario v. Mison, GR 86241. Aug. 8, 1989]. For cause provided by law. Civ. Serv. [The term] means for reasons which the law and sound public policy recognize as sufficient for removal, that is legal cause, and not merely causes which the appointing power in the exercise of discretion may deem sufficient. It is implied that officers may not be removed at the mere will of those vested with the power of removal or without cause. Moreover, the cause must relate to and affect the administration of the office, and must be restricted to something of a substantial nature directly affecting the rights and interests of the public. [Delos Santos v. Mallare, 87 Phil. 293 (1950)]. Forbearance. 1. A lender's postponement of foreclosure in order to give the borrower time an opportunity to make up for overdue payments; the willful grant of time allowed to a party to the contract to fulfill his part of obligation with or without claiming additional compensation. 2. The contractual obligation of the creditor to forbear during a given period to require of the debtor payment of an existing debt then due and payable. [Crismina Garments, Inc. v. CA, 363 Phil. 701, 703 (1999)]. Forbearance of money, goods or credits. [The phrase refers] to arrangements other than loan agreements, where a person acquiesces to the temporary use of his money, goods or credits pending happening of certain events or fulfillment of certain conditions. [Estores v. Sps. Supangan, GR 175139, Apr. 18, 2012]. Forbidden. Not allowed; banned. Forbidden office. Any office in the government that has been crated or the emoluments thereof have been in-
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creased during the term of any member of the Congress to which he is prohibited from being appointed. The purpose of the prohibition is to prevent public trafficking in public office. Force majeure. Also Caso fortuito. Fr. Act of God. 1. Acts or circumstances beyond the reasonable control of the contractor incl., but not limited to, war, rebellion, insurrection, riots, civil disturbance, blockade, sabotage, embargo, strike, lockout, any dispute with surface owners and other labor disputes, epidemic, earthquake, storm, flood or other adverse weather conditions, explosion, fire, adverse action by govt. or by any instrumentality or subdivision thereof, act of God or any public enemy and any cause that herein described over which the affected party has no reasonable control. [Sec. 3, RA 7942]. 2. Inevitable accident or casualty; an accident produced by any physical cause which is irresistible; such as lightning, tempest, perils of the sea, inundation, or earthquake; the sudden illness or death of a person. [Gotesco Investment Corp. v. Chatto, GR 87584. June 16, 1992]. Force majeure. Elements that must concur to exempt party from liability, under Art. 1174 of the Civ. Code: (a) the cause of the breach of the obligation must be independent of the human will (the will of the debtor or the obligor); (b) the event must be either unforeseeable or unavoidable; (c) the event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and (d) the debtor must be free from any participation in, or aggravation of the injury to the creditor [Lasam v. Smith, 45 Phil. 657 (1924); Austria v. CA, 39 SCRA 527 (1971); Vasquez v. CA, 138 SCRA 553 (1985); Nakpil & Sons v. CA, 144 SCRA 596 (1986)]. Forced heirs. Those persons whom the testator or donor cannot deprive of the portion of his estate reserved for them by law, except in cases where he has a just cause to disinherit them. See Compulsory heirs. Forced Labor. The extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of, force or coercion, incl. deprivation of freedom, abuse of authority or moral ascendancy, debtbondage or deception incl. any work or service extracted from any person under the menace of penalty. [Sec. 3, RA 10364]. Forced labor and slavery. The extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, incl. deprivation of freedom, abuse of authority or moral ascendancy, debtbondage or deception. [Sec. 3, RA 9208]. Forced pregnancy. The unlawful confinement of a women to be forcibly made pregnant, with the intent of affecting the ethnic composition of any population carrying out other grave violations of international law. [Sec. 3, RA 9851]. Forcible abduction. Crim. Law. The abduction of any woman against her will and with lewd designs. [Art. 342, RPC]. Compare with Consented abduction. Forcible. Effected against resistance through the use of force.
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Forcible abduction with rape. Crim. Law. Elements: (a) The taking of a woman against her will; (b) the taking is with lewd designs 32 and (c) the rape of the woman was accomplished through force or intimidation. [People v. Aczon, GR 93029. Aug. 10, 1993]. Forcible entry. 1. Summary and expeditious procedure by which a person seeks to recover material or physical possession of any land or building taken from him by force, intimidation, strategy, threat or stealth. [e.g., when an intruder occupies by force, the proper civil remedy is forcible entry]. 2. The unlawful deprivation of the possession of any land or building by force, intimidation, threat, strategy, or stealth. [Sec. 1, Rule 70, RoC]. Forcing. A process where a piece of metal is heated prior to changing its shape or dimensions. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Foreclose. 1. To deprive a mortgagor of the right to redeem mortgaged property, as when payments have not been made. 2. o bar an equity or a right to redeem a mortgage. Foreclosure. The act of claiming the title or forcing the sale of real property in order to satisfy a defaulted mortgage loan. Foreclosure of mortgage. 1. A proceeding in court by which the right of a person against real or personal property is determined and enforced. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. The judicial or extra-judicial procedure by which a mortgagee-creditor or one who has succeeded to his rights is allowed to have the mortgaged property sold so that from the proceeds of said sale, the debt may be satisfied. 2. A court proceeding upon default in a mortgage to vest title in the mortgagee. Foreign agent. Any person who acts or agrees to act as political consultant, public relations counsel, publicity agent, information representative, or as agent, servant, representative, or attorney for a foreign principal or for any domestic organization subsidized directly or indirectly in whole or in part by a foreign principal. The term foreign agent shall not include a duly accredited diplomatic or consular officer of a foreign country or officials of the UN and its agencies and of other international organizations recognized by the Rep. of the Phils. while engaged in activities within the scope of their legitimate functions as such officers or a bona fide member or employee of a foreign press service or news organization while engaged in activities within the scope of his legitimate functions as such. [Sec. 3, BP 39]. Foreign Agents Act of 1979. BP 39 entitled An Act regulating the activities and requiring the registration of foreign agents in the Phils. enacted on Sep. 7, 1979. Foreign air carrier. 1. Any operator, not being a Philippine air operator, which undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in commercial air transport operations within borders or airspace of the Phils., whether on a scheduled or chartered basis. [Sec. 3, RA 9497]. 2. An air carrier who is not a citizen of the Phils., and/or an air carrier other than a domestic air carrier. [Sec. 3, RA 776]. Also Foreign air operator.
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Foreign air commerce. Air commerce bet. the Phils. and any place outside it. [Sec. 3, RA 776]. Foreign air transport. Air transportation bet. the Phils. and any place outside it or wholly outside the Phils. [Sec. 3, RA 9497]. Foreign air transportation. Air transportation bet. the Phils. and any place outside it, or wholly outside the Phils. [Sec. 3, RA 776]. Foreign Arbitral Award. One made in a country other than the Phils. [Special Rules of Court on ADR, Rule 1.11, AM 07-11-08-SC, Sept. 1, 2009]. Foreign bill of exchange. Nego. Inst. A bill which on its face does not purport to be both drawn and payable within the Phils. [Diaz, Bus. Law Rev., 1991 Ed., p. 366]. Compare with Inland bill of exchange. Foreign corporation. A corporation formed, organized or existing under any laws other than those of the Phils. and whose laws allow Filipino citizens and corporations to do business in its own country or state. It shall have the right to transact business in the Phils. after it shall have obtained a license to transact business in this country in accordance with the Corp. Code and a certificate of authority from the appropriate govt. agency. [Sec. 123, Corp. Code]. Compare with Domestic corporation. Foreign court. Corp. Law. A judicial or other authority competent to control or supervise a foreign proceeding. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. Foreign currency denominated sale. Sale to a nonresident of goods, except those mentioned in Secs. 149 and 150 of the NIRC, assembled or manufactured in the Phils. for delivery to a resident in the Phils., paid for in acceptable foreign currency and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP). [Sec. 105, NIRC, as amended]. Foreign Currency Deposit Act of the Philippines. RA 6426 entitled An Act instituting a foreign currency deposit system in the Phils., and for other purposes enacted on Apr. 4, 1972. Foreign currency deposit unit (FCDU). That unit of a local bank or of a local branch of a foreign bank authorized by the Central Bank [now Bangko Sentral] to engage in foreign currencydenominated transactions, pursuant to the provisions of RA 6426, as amended. Foreign customer. A person or any entity, corporation, or organization carrying on business or other activities outside the Phils., and may include a foreign government. [Sec. 3, RA 6424]. Foreign diplomat. Any authorized diplomatic representative of the requesting state or govt. and recognized as such by the Sec. of Foreign Affairs. [Sec. 2, PD 1069]. Foreign element. Conf. of Laws. A factual situation that cuts across territorial lines and is thus affected by the diverse laws of 2 or more states. [Agpalo, Conflict of Laws, p. 4]. Foreign exchange. 1. Foreign currency notes, coins, checks, letters of credits, drafts, bills of exchange or other instruments customarily employed for international transfer. [Sec. 3, PD 1883]. 2. Any
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medium for effecting international payments. [Sec. 1, RA 426]. 3. The conversion of the money of one state into that of another state. Foreign exchange market. An informal network of banks, foreign exchange brokers, and foreign exchange dealers who facilitate the exchange of currencies. Foreign flag vessel. A vessel or watercraft registered under the laws of a country other than the Phils. [Sec. 3, PD 474]. Foreign government. The govt. of a country, other than the Phils., or of any political subdivision or agency thereof. [Sec. 3, RA 6424]. Foreign investments. Equity investment, owned by a non-Phil. national in a registered enterprise, made in the form of foreign exchange or other assets actually transferred to the Phils. and registered with the Central Bank (now Bangko Sentral) and the Board of Investments, which shall assess and appraise the value of such assets other than foreign exchange. [Sec. 3, RA 5186]. Foreign judgment. In a strict sense, a judgment rendered by a court of a foreign country. Foreign loan. Any credit facility or financial assistance other than equity investment obtained by a registered enterprise from a source outside the Phils. and brought into the Phils. either in foreign exchange or in other assets and registered with the Central Bank (now Bangko Sentral) and the Board of Investments, which shall assess and appraise the assets other than foreign exchange representing the proceeds of the loan. [Sec. 3, RA 5186]. Foreign policy. A policy pursued by a nation in its dealings with other nations, designed to achieve national objectives. Foreign principal. The govt. of a foreign country or a foreign political party; a foreigner located within or outside the jurisdiction of the Rep. of the Phils.; or a partnership, association, corporation, organization or other entity owned or controlled by foreigners. [Sec. 3, BP 39]. Foreign proceeding. Corp. Law. A collective judicial or administrative proceeding in a foreign State, interim proceeding, pursuant to a law re solvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign count, for the purpose of rehabilitation or re-organization. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. Foreign Representative. Corp. Law. A person or entity, incl. one appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or rehabilitation of the debtor or act as a representative of the foreign proceeding. [Sec. 1, Rule 2, AM 00-8-10SC, Dec. 2, 2008]. Foreign sovereign immunity. A doctrine precluding the institution of an action against the govt. of a country without its consent. The principle of absolute sovereign immunity has eventually been replaced by the doctrine of restrictive sovereign immunity. Foreign-owned corporation. Any corporation, partnership, association, or cooperative duly registered in accordance
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with law in which less than 50% of the capital is owned by Filipino citizens. [Sec. 3, RA 7942]. Forensic. Of, relating to, or denoting the application of scientific methods and techniques to the investigation of crime. Forensic medicine. The branch of medicine the object of which is to place medical knowledge at the disposal of the administration of justice, both civil and criminal. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed.]. Foreseeability. The reasonable anticipation that some harm or injury is a likely result of an act or a failure to act. Foreseeability test. A breaching party is liable only for those damages which he or she foresaw or ought to have foreseen. Foreseeable. Able to be foreseen or predicted. Foreshore. The part of the seashore bet. the highwater mark and the low-water mark. Foreshore land. 1. A string of land margining a body of water; the part of a seashore bet. the low-water line usu. at the seaward margin of a low tide terrace and the upper limit of wave wash at high tide usu. marked by a beach scarp or berm. [Sec. 4, RA 8550]. 2. The strip of land that lies bet. the high and low water marks and that is alternatively wet and dry acc. to the flow of the tide. [Rep. v. Alagad, GR 66807. Jan. 26, 1989]. Foreshore lands. The part of the shore which is alternately covered and uncovered by the ebb and flow of the tide. [DENR AO 99-34, Aug. 10, 1999]. Foreshore Lease Application. The type of application covering foreshore lands, marshy lands and other lands bordering bodies of water for commercial, industrial or other productive purposes other than agriculture. [DENR AO 99-34, Aug. 10, 1999]. Foreshore Lease Contract. The agreement bet. the DENR and the applicant which contains specific terms and conditions. [DENR AO 99-34, Aug. 10, 1999]. Forest. 1. Vast tracts of wooded land with dense growths of trees and underbush. It is descriptive of what appears on the land but is not a legal status nor a classification for legal purposes. [Rep. v. CA, GR L-56948. Sep. 30, 1987]. 2. Areas of one hectare or more which are at least 10% stocked with forest trees (incl. seedlings and saplings), with palm, bamboo, or brush. Narrow strips of land bearing forest must be at least 60 meters wide and one hectare in size to qualify as forest. Industrial plantations and tree farms, one hectare or more in sizes, are also included. Compare with Timber land. Forest charge. A tax not on the minerals, but upon the privilege of severing or extracting the same from the earth. [Comm. of Int. Rev. v. Guerrero, GR L19074. Feb. 31, 1967]. Forest land. 1. Lands of the public domain which have not been declared as alienable or disposable, public forests, permanent forests or forest reserves, forest reservations, timberlands, grazing lands, game refuge, and bird sanctuaries. [Sec. 4, RA 7900]. 2. It includes the public forest, the permanent forest or forest reserves, and forest reservations. Also Timber land.
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Forest lands. See Forestlands. Forest product. This includes timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands. [Sec. 68, PD 705]. Forest reservations. Forest lands which have been reserved by the Pres. of the Phils. for any specific purpose or purposes. [Sec. 3, PD 705]. Forest reserves. The areas of land that are protected and managed in order to preserve a particular type of habitat and its flora and fauna which are often rare or endangered. See Permanent forest. Forestlands. [It] includes the public forest, the permanent forest or forest reserves, and forest reservations. [Sec. 4, DENR AO 2008-24]. Forestry Code. See Revised Forestry Code of the Phils. Forestry profession, Practice of. The scientific conservation and management of forests for the continuous and judicious utilization of forests products; incl. services in the form of forestry consultation, investigation, planning, preparation, and implementation of management plans for forests and national park areas and the determination of the suitability of public forest land for pasture or agricultural land; logging, forest reconnaissance and timber estimate; scaling and grading of logs and lumber; identification of woods and other forestry products; administration, management and supervision of forest plantation and tree farm leases within public forests; protection and conservation of game and wildlife; preparation and implementation of reforestation and afforestation plans; supervision of any forestry activity requiring the application of forestry principles; and such other activities as related to forest protection, silviculture, and maintenance or restoration of necessary ecological balance. [Sec. 2, RA 6239]. Forfeit. To lose or be deprived of a property, right or privilege as a penalty for a wrongdoing. Forefeited. Something surrendered or subject to surrender as punishment for a crime, an offense, an error, or a breach of contract. Forfeited firearm. A firearm that is subject to forfeiture by reason of court order as accessory penalty or for the disposition by the FEO of the PNP of firearms considered as abandoned, surrendered, confiscated or revoked in compliance with existing rules and regulations. [Sec. 3, RA 10591]. Forfeiture. 1. A divestiture of property without compensation, in consequence of a default or an offense. [Cabal v. Kapunan, GR L-19052. Dec. 29, 1962]. 2. The incurring of a liability to pay a definite sum of money as the consequence of violating the provisions of some statute or refusal to comply with some requirement of law. It may be said to be a penalty imposed for misconduct or breach of duty. [Cabal v. Kapunan, GR L-19052. Dec. 29, 1962]. 3. A court order transferring in favor of the government, after due process, ownership of property or funds representing, involving, or relating to financing of terrorism
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as defined in Sec. 4 or an offense under Secs. 5, 6, 7, 8, or 9 of RA 10168. [Sec. 3, RA 10168]. Forgery. The false making or altering of a writing with the intent to defraud. Forgery; how committed. Crim. Law. The felony committed: (a) by giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document; or (b) by erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein. [Art. 169, RPC]. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents. Crim. Law. The felony committed by forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes. [Art. 166, RPC]. Forgiveness doctrine. See Condonation doctrine. Forgotten evidence. Evidence already in existence or available before or during trial, which was known to and obtainable by the party offering it and, which could have been presented and offered in a seasonable manner were it not for the oversight or forgetfulness of such party or his counsel. [Tumang v. CA, GR 82072. Apr. 17, 1989]. Forma pauperis. Lat. Character or manner of a pauper. 1. Permission given to a poor person, i.e. indigent) to proceed without liability for court fees or costs. Formal. The term may be taken to mean official, regular, definite, fixed, explicit, positive, proper, solemn, and not necessarily written. Formal act. An instrument acknowledged before a notary public. Formal amendment. Civ. Pro. 1. The summary correction by the court of a defect in the designation of the parties and other clearly clerical or typographical errors at any stage of the action, at its initiative or on motion, provided no prejudice is caused thereby to the adverse party. [Sec. 4, Rule 10, RoC]. 2. Amendments held to be merely formal, viz.: (a) new allegations which relate only to the range of the penalty that the court might impose in the event of conviction; (b) an amendment which does not charge another offense different or distinct from that charged in the original one; (c) additional allegations which do not alter the prosecution's theory of the case so as to cause surprise to the accused and affect the form of defense he has or will assume; and (d) an amendment which does not adversely affect any substantial right of the accused, such as his right to invoke prescription. [Teehankee, Jr. v. Madayag, GR 103102. Mar. 6, 1992]. Compare with Substantial amendment. Formal amendments. Civ. Pro. Kinds: (1) New allegations which relate only to the range of the penalty that the court might impose in the event of conviction; (2) an amendment which does not charge another offense different or distinct from that charged in the original one; (3) additional allegations which do not alter
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the prosecutions theory of the case so as to cause surprise to the accused and affect the form of defense he has or will assume; (4) an amendment which does not adversely affect any substantial right of the accused; and (5) an amendment that merely adds specifications to eliminate vagueness in the information and not to introduce new and material facts, and merely states with additional precision something which is already contained in the original information and which adds nothing essential for conviction for the crime charged. [Matalam v. Sandiganbayan, GR 165751, Apr. 12, 2005]. Formal charge. Civ. Serv. A written specification of the charge(s) against an employee. [Sec. 16, CSC Res. 99-1936]. Formal charge. Civ. Serv. Contents: A specification of charge(s), a brief statement of material or relevant facts, accompanied by certified true copies of the documentary evidence, if any, sworn statements covering the testimony of witnesses, a directive to answer the charge(s) in writing under oath in not less than 72 hours from receipt thereof, an advice for the respondent to indicate in his answer whether or not he elects a formal investigation of the charge(s) and a notice that he is entitled to be assisted by a counsel of his choice. [Sec. 16, CSC Res. 99-1936]. Formal crimes. Those crimes which are always consummated by a single act like slander. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 33]. Formal education. 1. The systematic and deliberate process of hierarchically structured and sequential learning corresponding to the general concept of elementary and secondary level of schooling. At the end of each level, the learner needs a certification in order to enter or advance to the next level. [Sec. 4, RA 9155]. 2. The hierarchically structured and chronologically graded learning organized and provided by the formal school system and for which certification is required in order for the learner to progress through the grades or move to higher levels. [Sec. 20, BP 232]. Formal offer. Evid. The formal offer made by the proponent stating the specific purpose for which the evidence is offered, after the termination of the testimonial evidence. [Sec. 34, Rule 132, RoC]. Formal offer of documentary evidence as an exhibit. Evid. Offer done only when the party rests its case and not before. [Interpacific Transit v. Aviles, GR 86062. June 6, 1990]. Compare with Identification of documentary evidence. Formal offer of evidence. Evid. [This] is done only when the party rests its case and not before. The mere fact that a particular document is identified and marked as an exhibit does not mean it will be or has been offered as part of the evidence of the party. The party may decide to formally offer it if it believes this will advance its cause, and then again it may decide not to do so at all. [Interpacific Transit, Inc. V. Aviles, GR 86062 June 6, 1990]. Formally charged. Civ. Serv. A person shall be considered formally charged: (1) In administrative proceedings - (a) upon the filing of a complaint at the instance of the disciplining authority; or (b) upon the finding of the existence of a
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prima facie case by the disciplining authority, in case of a complaint filed by a private person; [and] (2) In criminal proceedings - (a) upon the finding of the existence of probable cause by the investigating prosecutor and the consequent filing of an information in court with the required prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy; (b) upon the finding of the existence of probable cause by the public prosecutor or by the judge in cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure; or (c) upon the finding of cause or ground to hold the accused for trial pursuant to Sec. 13 of the Rev. Rule on Summary Procedure. [Plopinio v. Atty. Zabala-Cario, AM P-08-2458, Mar. 22, 2010]. Formation, maintenance and prohibition of combination of capital or labor through violence or threats. Crim. Law. The felony committed by any person who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock-out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of the Rev. Penal Code. [Art. 289, RPC]. Formula feeding. The feeding of a newborn with infant formula usu. by bottlefeeding. It is also called artificial feeding. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Fortificant. A substance, in chemical or natural form, added to food to increase its nutrient value. [Sec. 3, RA 8976]. Fortification. The addition of nutrients to processed foods or food products at levels above the natural state. As an approach to control micronutrient deficiency, food fortification is addition of a micronutrient, deficiency in the diet, to a food which is widely consumed by a specific at-risk groups. [Sec. 3, RA 8976]. Fortuitous. Happening by accident or chance rather than design. Fortuitous event. Any event which could not be foreseen, or which, though foreseen, were inevitable. [Art. 1174, CC]. Fortuitous event. Characteristics: (a) The cause of the unforeseen and unexpected occurrence, or the failure of the debtor to comply with his obligations, must be independent of the human will; (b) it must be impossible to foresee the event which constitutes the caso fortuito, or if it can be foreseen, it must be impossible to avoid; (c) the occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and, (d) the obligor must be free from any participation in the aggravation of the injury resulting to the creditor. Based on the foregoing, in order that a fortuitous event may exempt a person from liability, it is necessary that he be free from negligence. [Metal Forming Corp. v. Office of the Pres., GR L-111386. Aug. 28, 1995]. Forum. Lat. The public market or paved court of a Roman city where judicial and public business was transacted. (a) The place where a legal decision is made. (b) The court or locale wherein causes are judicially tried.
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Forum conveniens. Lat. Appropriate or convenient court. The principle whereby a court which would not normally have jurisdiction over a claim nevertheless accepts jurisdiction, because there is no other appropriate jurisdiction to hear the claim, in order to ensure that justice is done. Forum non conveniens. Lat. Inappropriate or inconvenient forum. Priv. Intl. Law. The principle whereby a court which has jurisdiction over a claim, nevertheless stays conditionally or, dismisses conditionally or unconditionally the suit, in order that the claim may be tried in another jurisdiction to which the defendant is amenable and which the court believes is more appropriate or convenient for the litigation, incl. the interests of justice. Forum non-conveniens doctrine. Lat. The forum is inconvenient. Priv. Intl. Law. [A rule designed] to deter the practice of global forum shopping, [Coquia and Aguiling-Pangalangan, Conflicts Of Laws, pp. 40-41, 2000 Ed.] that is to prevent non-resident litigants from choosing the forum or place wherein to bring their suit for malicious reasons, such as to secure procedural advantages, to annoy and harass the defendant, to avoid overcrowded dockets, or to select a more friendly venue. Under this doctrine, a court, in conflicts of law cases, may refuse impositions on its jurisdiction where it is not the most convenient or available forum and the parties are not precluded from seeking remedies elsewhere. [First Phil. Intl. Bank v. CA, 252 SCRA 259, 281 (1996).]. Forum organization. An intergovernmental organization that serves primarily as a meeting place for discussions, negotiations, adjudications, and related activities. Forum selection clause. A provision in a contract designating a particular court or tribunal to resolve any dispute that may arise concerning the contract. Forum shopping. Civ. Pro. 1. The act of a party against whom an adverse judgment has been rendered in one forum, of seeking another (and possibly favorable) opinion in another forum other than by appeal or the special civil action of certiorari, or the institution of 2 or more actions or proceedings grounded on the same cause on the supposition that one or the other court might look with favor upon the party. [Ortigas & Company Ltd. Partnership v. Velasco, 234 SCRA 455, 500 (1994)]. 2. This occurs whenever, as a result of an adverse opinion in one forum, a party seeks a favorable opinion (other than by appeal or certiorari) in another. [Villanueva v. Adre, 172 SCRA 876, 882 (1989)]. 3. It originated as a concept in private international law, where nonresident litigants are given the option to choose the forum or place wherein to bring their suit for various reasons or excuses, incl. to secure procedural advantages, to annoy and harass the defendant, to avoid overcrowded dockets, or to select a more friendly venue. To combat these less than honorable excuses, the principle of forum non conveniens was developed whereby a court, in conflicts of law cases, may refuse impositions on its jurisdiction where it is not the most convenient or available forum and the parties are not precluded from seeking remedies elsewhere. [First Phil. Intl. Bank v. CA, GR 115849. Jan. 24, 1996].
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Forum-shopping. Civ. Pro. Elements: (a) Identity of parties or at least such parties that represent the same interests in both actions; (b) identity of rights asserted and reliefs prayed for, the relief being founded on the same facts; (c) identity of the 2 preceding particulars, such that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the action under consideration. [Marcopper Mining Corp. v. Solidbank Corp., 476 Phil. 415 (2004)]. Forum-shopping. Civ. Pro. Ways by which it can be committed: (1) By filing multiple cases based on the same cause of action and with the same prayer, the previous case not having been resolved yet (where the ground for dismissal is litis pendentia); (2) by filing multiple cases based on the same cause of action and with the same prayer, the previous case having been finally resolved (where the ground for dismissal is res judicata); and (3) by filing multiple cases based on the same cause of action but with different prayers (splitting of causes of action, where the ground for dismissal is also either litis pendentia or res judicata). [Ao-As v. CA, GR 128464, June 20, 2006]. Forward shifting. Tax Law. The transfer of the burden of the tax from a factor of production through the factors of distribution until it finally settles on the ultimate purchaser or consumer. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 55]. Forwarder. One who, by the nature of his business, accepts the placement or delivery of whatever goods, involving no more than a mere physical transfer of the items from the seller. When such items are to be shipped overseas, the delivery of the goods to it is a mere preparatory step for their eventual shipment. Foster. Denoting someone that has a specified family connection through fostering rather than birth. Foster care. 1. A social work intervention which provides for a planned substitute or alternative family care by a licensed foster family to a neglected, abandoned, unattached and poor older person. [Art. 5, IRR of RA 9994]. 2. The provision of planned temporary substitute parental care to a child by a foster parent. [Sec. 3, RA 10165]. Foster Care Act of 2012. RA 10165 entitled An Act to Strengthen and Propagate Foster Care and to Provide Funds therefor enacted on June 11, 2012. Foster Child. A child placed under foster care. [Sec. 3, RA 10165]. Foster Family Care License. The document issued by the DSWD authorizing the foster parent to provide foster care. [Sec. 3, RA 10165]. Foster Parent. 1. A person, duly licensed by the DSWD, to provide foster care. [Sec. 3, RA 10165]. 2. A person who acts as a parent and guardian for a child in place of the child's natural parents but without legally adopting the child. Foster Placement Authority (FPA). The document issued by the DSWD authorizing the placement of a particular child with the foster parent. [Sec. 3, RA 10165].
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Foul bill of lading. A bill which contains a notation therein that the goods covered by it are in bad condition. Foundations. Combinations of capital, independent of individuals, and organized principally for charitable, medical, or educational purposes (non-profit purpose). [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 442]. Founders' shares. Corp. Law. Shares classified as such in the articles of incorporation which may be given certain rights and privileges not enjoyed by the owners of other stocks, provided that where the exclusive right to vote and be voted for in the election of directors is granted, it must be for a limited period not to exceed 5 years subject to the approval of the SEC. [Sec. 7, Corp. Code]. Fountain. A kind of sparkler conical in shape which is lighted on the ground and designed to provide various rising colors and intermittent lights upon being ignited. [Sec. 2, RA 7183]. Fourchette. Legal Med. A small fold of membrane connecting the labia minora on the posterior part of the vulva [external] part of the female genital organ or the V-shaped appearance formed by the union of the 2 labia posterity. Four-factor balancing test. The test to determine whether an accused has been denied the constitutional right to speedy disposition of his case, i.e., (a) length of the delay; (b) reason for the delay; (c) assertion of the right or failure to assert it; and (d) prejudice caused by the delay. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 50]. Also known as Balancing test. FPA. See Foster Placement Authority. FPA clause. Free from Particular Average clause. Franchise. 1. A right or privilege, affected with public interest which is conferred upon private persons or corporations, under such terms and conditions as the govt. and its political subdivisions may impose in the interest of public welfare, security, and safety. [Sec. 131, RA 7160]. 2. Any special privilege or right conferred by the State on corporations or persons and which does not belong to the citizens of the country generally as a matter of common right. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 85]. 3. Special license that requires the franchisee to work the licensed property under the supervision and control of the franchisor. Franchise area. A geographical area exclusively assigned or granted to a distribution utility for distribution of electricity. [Sec. 4, RA 9136]. Frangible. Fragile; brittle. Frangible disc. In the gas bottling trade, a piece of steel disc bet. the valves and the plugs screwed thereto, of a cylinder containing liquid carbon dioxide, which acts as a safety device the function of which is to burst when excessive pressure is built within the cylinder to prevent the pressure vessel from exploding and disintegrating. Fraud. 1. The insidious words or machinations of one of the contracting parties, by which the other is induced to enter into a contract which, without them, he would not have agreed to. [Art. 1338, CC]. 2. The voluntary execution of a
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wrongful act, or a willful omission, knowing and intending the effects which naturally and necessarily arise from such act or omission. [Legaspi Oil v. CA, GR 96505. July 1, 1993]. 3. Anything calculated to deceive, incl. all acts, omissions, and concealment involving a breach of legal or equitable duty, trust, or confidence justly reposed, resulting in damage to another, or by which an undue and unconscientious advantage is taken of another. [CIR v. CA. 257 SCRA 200 (1996)]. Fraud by concealment. Fraud committed through failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations. [Art. 1339, CC]. Fraud in factum. Sometimes known as Fraud in esse contractus. That fraud which destroys the contract itself. [Diaz, Bus. Law Rev., 1991 Ed., p. 325]. Fraud orders. The instruction issued by the Dir. of Posts -- upon satisfactory evidence that any person or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of money, or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any scheme, device, or enterprise for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, representations, or promises -- to any postmaster or other officer or employee of the Bu. (of Posts) to return to the person, depositing same in the mails, with the word 'fraudulent' plainly written or stamped upon the outside cover thereof, any mail matter of whatever class mailed by or addressed to such person or company or the representative or agent of such person or company. [Sec. 1982, Rev. Admin. Code]. Fraud vitiating consent for purposes of annulling a contract. Elements: (a) It was employed by a contracting party upon the other, (b) It induced the other party to enter into the contract; (c) It was serious; and, (d) It resulted in damages and injury to the party seeking annulment. [Alcasid v. CA, GR 104751, Oct. 7, 1994]. Frauds against the public treasury and similar offenses. Crim. Law. The felony committed by any public officer who: 1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government; 2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of the following acts or omissions: (a) Demanding, directly, or indirectly, the payment of sums different from or larger than those authorized by law. (b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially. (c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a nature different from that provided by law. [Art. 213, RPC]. Fraudulent. Obtained, done by, or involving deception, esp. criminal deception. Fraudulent acts. 1. In the crime of estafa or swindling, the act executed prior to or simultaneously with the commission of the fraud: (a) By using fictitious name, or
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falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits; (b) By altering the quality, fineness or weight of anything pertaining to his art or business; (c) By pretending to have bribed any Govt. employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender; (d) By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within 3 days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act [As amended by RA 4885]; (e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation. [Art. 315, RPC]. 2. Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods. See False pretenses. Fraudulent concealment. Deliberate hiding, non-disclosure, or suppression of a material fact or circumstance which one is legally or morally bound to reveal with intent to deceive or defraud in a contractual arrangement. Fraudulent conveyance. A transaction by means of which the owner of real or personal property has sought to place the land or goods beyond the reach of his creditors, or which operates to the prejudice of their legal or equitable rights. Fraudulent designation of origin, and false description. Crim. Law. The felony committed by any person who by means of false or fraudulent representation or declarations orally or in writing or by other fraudulent means shall procure from the patent office or from any other office which may hereafter be established by law for the purposes the registration of a trade-name, trade-mark or service mark or of himself as the owner of such trade-name, trade-mark or service mark or an entry respecting a tradename, trade-mark or service mark. [Art. 189, RPC]. Fraudulent insolvency. Crim. Law. The felony committed by any person who shall abscond with his property to the prejudice of his creditors, whether or not he be a merchant. [Art. 314, RPC]. Fraudulent misrepresentation. A false statement made knowing it to be false and intending another to act on it to his detriment, or made carelessly or recklessly without regard to whether it is true or false.
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Fraudulent registration of trademark, trade name or service mark. Crim. Law. The felony committed by any person who shall affix, apply, annex or use in connection with any goods or services or any container or containers for goods a false designation of origin or any false description or representation and shall sell such goods or services. [Art. 189, RPC]. Fraudulent return. Taxation. 1. The term implies intentional or deceitful entry with intent to evade the taxes due. [Aznar v. CA, GR L-20569. Aug. 23, 1974]. 2. It is always an attempt to evade a tax. [Comm. of Int. Rev. v. Javier, GR 78953. July 31, 1991]. Compare with False return. Fraus est odiosa et non praesumenda. Lat. Fraud is odious and is not to be presumed. Fraud is never presumed. It must be alleged and proven. [Cuizon v. CA, GR 102096. Aug. 22, 1996]. Fraus et jus nunquam cohabitant. Lat. Fraud and justice never dwell or exist side by side. [Dir. of Lands v. CA, GR L45168. Jan. 27, 1981 ]. Free. When used in a trade term, it means that the seller has an obligation to deliver goods to a named place for transfer to a carrier. Free alongside ship (FAS). A provision in a contract of sale which requires the seller to deliver the merchandise at a designated place for loading aboard ship. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. Free and prior informed consent. The consensus of all members of the Indigenous Cultural Communities or Indigenous Peoples (ICCs or IPs) to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community. [Sec. 4, RA 8371]. Free areas. All lands within the territorial limits of the Phils. incl. those submerged beneath seas, bays, lakes, rivers, lagoons, or the territorial waters, or on the continental shelf, or its analogue in an archipelago, but which are not within the national reserve areas, or petroleum reservations, or covered by valid and existing exploration or exploitation concession, or petroleum drilling leases. [Art. 14, RA 387]. Free city. An entire port city which has been opened to international trade. Free exercise clause. Consti. Law. A provision in the 1897 Phil. Consti. that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. [Sec. 5, Art. III, 1987 Consti.]. Free from particular average (FPA) clause. A clause agreed upon in a policy of marine insurance in which it is provided that a marine insurer shall not be liable for any particular average loss not depriving the insured of the possession, at the port of destination, of the whole of such thing, or class of things, even though it becomes entirely worthless; but such insurer is liable for his proportion of all general average loss assessed upon the thing insured. [Sec. 136, IC].
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Free legal aid services. Appearance in court or quasi-judicial body for and in behalf of an indigent or pauper litigant and the preparation of pleadings or motions. It shall also cover assistance by a practicing lawyer to indigent or poor litigants in court-annexed mediation and in other modes of alternative dispute resolution (ADR). Services rendered when a practicing lawyer is appointed counsel de oficio shall also be considered as free legal aid services and credited as compliance under the Rule. [Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers, Sec. 4, BM 2012, Feb. 10, 2009]. Free Legal Assistance Act of 2010. RA 9999 entitled An Act Providing a Mechanism for Free Legal Assistance and for Other Purposes enacted on Feb. 23, 2010. Free market. Domestic and foreign open market. [Sec. 1, RA 6364]. Free on board (FOB). 1. This means that the goods are to be delivered free of expense to the buyer to the point of either shipment or destination. [Diaz, Bus. Law Rev., 1991 Ed., p. 124]. 2. A provision in a contract of sale which requires the seller to deliver the merchandise at a designated place, usu. to a common carrier. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. Free patent. One issued where the applicant is a natural-born citizen of the Phils.; not the owner of more than 12 hectares of land; that he has continuously occupied and cultivated, either by himself or through his predecessors-ininterests, a tract or tracts of agricultural public lands subject to disposition for at least 30 years prior to the effectivity of RA 6940; and that he has paid the real taxes thereon while the same has not been occupied by any person. [Rep. v. CA, 406 Phil. 597 (2001)]. Compare with Homestead patent. Free portion. Succ. The remainder of the estate, after deducting the legitime, which may be freely disposed of by the testator as may be desired to any person with capacity to succeed. Free property of the insolvent. Property of the insolvent not impressed with liens by operation of Arts. 2241 and 2242 of the Civ. Code. [Rep. v. Peralta, GR L56568. May 20, 1987]. Free Public Secondary Education Act of 1988. RA 6655 entitled An Act establishing and providing for a free public secondary education and for other purposes enacted on May 26, 1988. Free retail zones. Areas within international airports and harbors where travelers can buy goods free of local sales and excise taxes. Free trade. International trade left to its natural course without tariffs, quotas, or other restrictions. Free trade area. A group of states that have reduced or eliminated trade barriers bet. themselves, but who maintain their own individual tariffs as to other states. Free trade association. A group of states that have eliminated trade barriers bet. themselves. Free trade zone. 1. An isolated policed area adjacent to a port of entry (as a seaport) and/or airport where imported goods may be unloaded for immediate
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transshipment or stored, repacked, sorted, mixed, or otherwise manipulated without being subject to import duties. However, movement of these imported goods from the free-trade area to a nonfree-trade area in the country shall be subject to import duties. [Sec. 4, RA 7916]. 2. A free zone located within or near a port city. Free will. The power of acting without the constraint of necessity or fate; the ability to act at one's own discretion. Free zone. Geographical area wherein goods may be imported and exported free from customs tariffs and in which a variety of trade-related activities may be carried on. Freedom. The state of being free; liberty; self-determination; absence of restraint; the opposite of slavery. Freedom constitution. The provisional Phil. Consti. promulgated under Proc. 3 signed by former Pres. Corazon C. Aquino on Mar. 25, 1986. Freedom of conscience. The right to follow one's own beliefs in matters of religion and morality. Freedom of contract. The principle [under which] the contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. [Sps. Aggabao v. Parulan, Jr., GR 152303, Sept. 1, 2010]. Freedom of disposition. The liberty to dispose of one's estate by will when there are no forced heirs (which) is rendered sacred by the Civ. Code in force in the Phils. since 1889. It is so provided in the 1st par. of Art. 763 (now Art. 842). [Pecson v. Coronel, 45 Phil. 216]. Freedom of intellectual inquiry. [It] includes the freedom of professionally qualified persons to inquire, discover, publish and teach the truth as they see it in the field of their competence subject to no control or authority except of rational methods by which truths and conclusions are sought and established in these disciplines. [PTA of St. Mathew Academy v. Metropolitan Bank & Trust Co., GR 176518. Mar. 2, 2010]. Freedom of navigation. The right to sail ships on the high seas, subject only to international law and the laws of the flag state. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1041]. Freedom of religion. The right to choose a religion [or no religion] without interference by the government. Freedom of speech. 1. In the words of John Milton, (it) is the "liberty to know, to utter, and to argue freely acc. to conscience above all liberties. [Garcia v. Faculty Admission Committee, GR L40779. Nov. 28, 1975]. 2. The right to express any opinions without censorship or restraint. Freedom of the high seas. The right of all states to freely use the high seas for navigation, overflight, fishing, the laying of submarine cables and pipelines, constructing artificial islands and installations, and carrying on scientific research. Freedom of the Press. The right, usu. guaranteed by the Consti., to gather, publish, and distribute information and
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ideas without government restriction; this right encompasses freedom from prior restraints on publication and freedom from censorship. Freedom of the Seas. The principle in international law that no part of the sea can be subjected the sovereignty of any State. It cannot therefore be incorporated into the territory of any State through occupation. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1040]. Freedom period. See Sixty (60) day freedom period. Freedom to act on one's beliefs. The aspect of the right to religious profession and worship where the individual externalizes his beliefs in acts or omissions that affect the public, and his freedom to do so becomes subject to the authority of the State. As great as this liberty may be, religious freedom, like all the other rights guaranteed in the Consti., can be enjoyed only with a proper regard for the rights of others. It is error to think that the mere invocation of religious freedom will stalemate the State and render it impotent in protecting the general welfare. The inherent police power can be exercised to prevent religious practices inimical to society. And this is true even if such practices are pursued out of sincere religious conviction and not merely for the purpose of evading the reasonable requirements or prohibitions of the law. [Cruz, Constl. Law, 1998 Ed., p. 182]. Compare with Freedom to believe. Freedom to believe. The aspect of the right to religious profession and worship where the individual is free to believe [or disbelieve] as he pleases concerning the hereafter. He may indulge his own theories about life and death; worship any god he chooses, or none at all; embrace or reject any religion; acknowledge the divinity of God or of any being that appeals to his reverence; recognize or deny the immortality of his soul - in fact, cherish any religious conviction as he and he alone sees fit. However absurd his beliefs may be to others, even if they be hostile and heretical to the majority, he has full freedom to believe as he pleases. He may not be required to prove his beliefs. He may not be punished for his inability to do so. Religion, after all, is a matter of faith. 'Men may believe what they cannot prove.' Every one has a right to his beliefs and he may not be called to account because he cannot prove what he believes. [Cruz, Constl. Law, 1998 Ed., p. 182]. Compare with Freedom to act on one's beliefs. Freedom to contract. 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]. See Autonomy in contracts. Freehold. A special right granting the full use of real estate for an indeterminate time. It differs from leasehold, which allows possession for a limited time. There are varieties of freehold such as fee simple and fee tail. Freeholder. A person who owns freehold property rights (i.e. in a piece of real estate; either land or a building). Freeze. The blocking or restraining of specific property or funds from being
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transacted, converted, concealed, moved or disposed without affecting the ownership thereof. [Sec. 3, RA 10168]. Freeze order. An order which prohibits the person having possession or control of property alleged to constitute "ill-gotten wealth" "from transferring, conveying, encumbering or otherwise depleting or concealing such property, or from assisting or taking part in its transfer, encumbrance, concealment, or dissipation. It commands the possessor to hold the property and conserve it subject to the orders and disposition of the authority decreeing such freezing. In this sense, it is akin to a garnishment by which the possessor or ostensible owner of property is enjoined not to deliver, transfer, or otherwise dispose of any effects or credits in his possession or control, and thus becomes in a sense an involuntary depositary thereof. [Bataan Shipyard Engg. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Freight. Goods transported by truck, train, ship, or aircraft. Freight collect. That freightage incurred in transporting the goods from the point of origin to the port of destination (which) is for consignees account. Freight forwarder. 1. A firm that makes or assists in the making of shipping arrangements. 2. A firm holding itself out to the general public (other than as a pipeline, rail, motor, or water carrier) to provide transportation of property for compensation and, in the ordinary course of its business, (1) to assemble and consolidate, or to provide for assembling and consolidating, shipments, and to perform or provide for break-bulk and distribution operations of the shipments; (2) to assume responsibility for the transportation of goods from the place of receipt to the place of destination; and (3) to use for any part of the transportation a carrier subject to the federal law pertaining to common carriers. [Chemsource, Inc. v. Hub Group, Inc., 106 F. 3d 1358, CA 7 (Ill.) (1997)]. French rule. Crim. Law. 1. The rule that crimes committed aboard a foreign merchant vessel should not be prosecuted in the courts of the country within whose territorial jurisdiction they were committed, unless their commission affects the peace and security of the territory. [People v. Wong Cheng, GR L-18924, Oct. 19, 1922]. Compare with English rule. Fresh agricultural and fishery products. Agricultural and fisheries products newly taken or captured directly from its natural state or habitat, or those newly harvested or gathered from agricultural areas or bodies of water used for aquaculture. [Sec. 4, RA 8435]. Fresh Meat. Meat that has not yet been treated in any way other than by modified atmosphere packaging or vacuum packaging to ensure its preservation except that if it has been subjected only to refrigeration, it continues to be considered as fresh. [Sec. 4, RA 9296]. Fresh period rule. Rem. Law. A fresh period of 15 days within which to file the notice of appeal, counted from receipt of the order dismissing a motion for a new trial or motion for reconsideration. [Neypes v. CA, GR 141524, Sept. 14, 2005]. Also called Neypes Rule. Fresh pursuit. The immediate chase of a suspected criminal by a law enforce-
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ment officer, in which situation the officer may arrest the suspect without a warrant. See Hot pursuit. Freshwater. Water containing less than 500 ppm dissolved common salt, sodium chloride, such as that in groundwater, rivers, ponds and lakes. [Sec 4, RA 9275]. FRIA. Financial Rehabilitation and Insolvency Act of 2010. Friar. A member of a usu. mendicant Roman Catholic order. Friar lands. Lands purchased by the Phil. Govt. for sale to actual occupants under the provisions of Act 1120 or the Friar Lands Act [of 1904]. These lands are not public lands but private and patrimonial lands of the govt. Friar Lands Act. Act 1120, as amended. Fringe. Not part of the mainstream; unconventional, peripheral, or extreme. Fringe benefit. Any good, service or other benefit furnished or granted in cash or in kind by an employer to an individual employee (except rank and file employees) such as, but not limited to, the following: (a) housing; (b) expense account; (c) vehicle of any kind; (d) household personnel, such as maid, driver and others; (e) interest on loan at less than market rate to the extent of the difference bet. the market rate and actual rate granted; (f) membership fees, dues and other expenses borne by the employer for the employee in social and athletic clubs or other similar organizations; (g) expenses for foreign travel; (h) holiday and vacation expenses; (i) educational assistance to the employee or his dependents; and (j) life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law allows. [Sec. 33, NIRC, as amended]. Frivolity, Places of. Places of hilarity marked by or providing boisterous merriment or recreation. [Sec. 3, RA 8491]. Frivolous. Not having any serious purpose or value. Frivolous appeal. An appeal presenting no justiciable question, or one so readily recognizable as devoid of merit on the face of record that there is little, if any, prospect that it can ever succeed. One which is evidently without merit, taken manifestly for delay. [Dela Cruz v. Blanco, GR 48790. June 8, 1942]. Front seat passengers. Persons on board a public utility vehicle seated at the right side beside the driver for public utility jeepneys (PUJs) and to passengers seated at the right side beside the driver and those at the 1st row immediately behind the driver in the case of public utility buses (PUBs) and to passengers seated on the right side beside the driver for private motor vehicles. [Sec. 3, RA 8750]. Frontage. That part or end of a lot which abuts a street. [Sec. 3, BP 220]. Frontline. The most advanced, exposed, or conspicuous element in any activity or situation. Frontline service. The process or transaction bet. clients and govt. offices or agencies involving applications for any privilege, right, permit, reward, license, concession, or for any modification, renewal or extension of the enumerated applications and/or requests which are
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acted upon in the ordinary course of business of the agency or office concerned. [Sec. 4, RA 9485]. Fruits of the poisonous tree. Also Uncounselled admission. Evid. 1. An admission or confession obtained in violation of one's constitutional rights the admission of which in court is outlawed. [People v. Opida, GR L-46272. June 13, 1986]. 2. Acc. to this rule, once the primary source (the "tree") is shown to have been unlawfully obtained, any secondary or derivative evidence [the "fruit"] derived from it is also inadmissible. [People v. Alicando, GR 117487. Dec. 12, 1995]. 3. The rule is based on the principle that evidence illegally obtained by the State should not be used to gain other evidence because the originally illegally obtained evidence taints all evidence subsequently obtained. [People v. Alicando, GR 117487. Dec. 12, 1995]. Frustrated. Crim. Law. When the offender performed all the acts of execution which would produce the felony as a consequence but which, nevertheless, did not produce it by reason of causes independent of the will of the perpetrator. Frustrated felony. Crim. Law. A felony where the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. [Art. 6, RPC]. Frustrated rape. Crim. Law. [T]here [is] no conclusive evidence of penetration of the genital organ of the offended party. [People v. Erinia, GR L-26298. Jan. 20, 1927]. Note: The Erinia ruling is later considered by the Sup. Court as a stray decision inasmuch as it has not been reiterated in [its] subsequent decisions. Moreover, Art. 335 of the Rev. Penal Code, as amended by RA 2632 (dated Sept. 12, 1960) and RA 4111 (dated Mar. 29, 1965) which provides, in its penultimate par., for the penalty of death when the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof. This particular provision on frustrated rape is also subsequently deemed by the Sup. Court as a dead provision. Finally, RA 7659, amending Art. 335 of the Rev. Penal Code, has retained the provision penalizing with reclusion perpetua to death an accused who commits homicide by reason or on the occasion of an attempted or frustrated rape. Until Congress sees it fit to define the term frustrated rape and thereby penalize it, the Court will see its continued usage in the statute book as being merely a persistent lapse in language. [People v. Quianola, GR 126148. May 5, 1999]. Fuel oil. Heavy distillates or residues from crude oil or blends of such materials intended for use as fuel for the production of heat or power of a quality equivalent to the "Amer. Society for Testing and Materials Specification for Number 4 Fuel Oil (Designation D 396-69)" or heavier. [Sec. 3, RA 9483]. Fugitive. One who runs away to avoid arrest, prosecution or imprisonment. Many extradition laws also call the suspect a "fugitive" although, in that context, it does not necessarily mean that the suspect was trying to hide in the country from which extradition is being sought.
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Fugitive from justice. 1. The term refers not only those who flee after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution. [Marquez v. Comelec, GR 112889. Apr. 18, 1995]. 2. One who, having committed or being accused of having committed a crime in one jurisdiction, cannot be found therein. [Rodriguez v. Comelec, GR 120099. July 24, 1996]. Fulfillment. An action to enforce a written contract. [Heirs of Quirong v. DBP, GR 173441, Dec. 3, 2009]. Full. Entire, complete, or possessing all particulars, or not wanting in any essential quality. Full backwages. Labor. Without deducting from backwages the earnings derived elsewhere by the concerned employee during the period of his illegal dismissal. [Bustamante v. NLRC, GR 111651. Nov. 28, 1996]. Full blood relationship. That existing bet. persons who have the same father and the same mother. [Art. 967, CC]. Full name. A persons Christian or given name and his surname or family name. Full payout lease. A contract involving payment over an obligatory period (also called primary or basic period) of specified rental amounts for the use of a lessor's property, sufficient in total to amortize the capital outlay of lessor and to provide for the lessor's borrowing costs and profits. [Beltran v. PAIC Finance Corp., GR 83113. May 19, 1992]. See Finance lease. Full powers or Pleins pouvoirs. Intl. Law. Credentials which the representatives of the contracting parties are provided with to undertake the discussion of the provisions of a proposed treaty. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 96]. Full term. Gestated for the entire duration of normal pregnancy. Full time. For the entire time appropriate to an activity. Full-term baby. An infant which weighs more than 2,275 grams even if it is born before the 37th week which is less than 9.3 months. [People v. Malapo, GR 123115. Aug. 25, 1998]. Full-time teacher. One whose total working day is devoted to the school, has no other regular remunerative employment and is paid on a regular monthly basis regardless of the number of teaching hours. [UST v. NLRC, GR 85519. Feb. 15, 1990]. Fully developed fishpond. Fully developed fishpond. A clean, leveled area enclosed with dikes at least one foot higher than the highest flood water level in the locality and strong enough to resist water pressure at the highest flood tide, and consisting at least of a nursery pond, a transition pond, a rearing pond, or a combination of any or all of said classes of ponds, and water control system. [Sec. 3, PD 704; Sec. 3, PD 43]. Fully-developed fishpond area. A clean leveled area enclosed by dikes, at least one foot higher than the highest floodwater level in the locality and strong enough to resist pressure at the highest flood tide; consists of at least a nursery pond, a transition pond, a rearing pond or a combination of any or all said clas-
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ses of ponds, and a functional water control system and producing in a commercial scale. [Sec. 4, RA 8550; ]. Fulminate. A kind of stable explosive compound which explodes by percussion. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Functus officio. Lat. Having performed his office. An officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created. Fund. A sum of money or other resources set aside for the purpose of carrying out specific activities or attaining certain objectives in accordance with special requisitions, restrictions, or limitations, and constitutes an independent fiscal and accounting entity. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Fund Convention, 1992. The 1992 Intl. Convention on the Establishment of an Intl. Fund for Compensation for Oil Pollution Damage. [Sec. 3, RA 9483]. Fund manager. The person responsible for the allocation of the deposited property to the allowable investment outlets and selection of incomegenerating real4 estate. It shall execute investment strategies for the Real Estate Investment Trust (REIT) and oversee and coordinate all of the following activities: property acquisition; property management; leasing; operational and financial reporting (incl. operating budgets); appraisals; audits; market review; accounting and reporting procedures, as well as refinancing and asset disposition plans. [Sec. 3, RA 9856]. Fundamental breach. 1. A failure to perform that substantially deprives the other party of that which he was entitled to expect. 2. Sometimes known as a repudiatory breach, it is a breach so fundamental that it permits the distressed party to terminate performance of the contract, in addition to entitling that party to sue for damages. Fundamental law. The law determining the constitution of the government of a state; organic law. Funeral establishment. Any place used in the preparation and care of the body of a deceased person for burial. [Sec. 89, PD 856]. Funeral. The ceremonies honoring a dead person, typically involving burial or cremation. Funeral expenses. The money expended in procuring the interment, cremation, or other disposition of a corpse, incl. suitable monument, perpetual care of burial lot and entertainment of those participating in the wake. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), pp. 316-317, p. 344]. Fungible. Able to replace or be replaced by another identical item. Fungible goods. 1. Generally the things whose individuality can be determined by counting, weighing, or measuring. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 28]. 2. Goods which are comprised of many identical parts and which can be easily replaced by other, identical goods. If the goods are sold by weight or number, this is a good sign that they are fungible. 3. Goods of which any unit is, from its nature by
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mercantile custom, treated as the equivalent of any other unit. [Sec. 58, Act 2137]. Fungibles. Goods which are comprised of many identical parts such as a bushel of grain or a barrel of apples or oil, and which can be easily replaced by other, identical goods. If the goods are sold by weight or number, this is a good sign that they are fungible. Furiosi nulla voluntas est. Lat. A madman has no free will. A Latin expression that mentally impaired persons cannot validly sign a will or contract or form the frame of mind necessary to commit a crime. Furnishings. The act or process of supplying furniture or equipment; an article or accessory of dress; an object of fixture that tends to increase comfort or utility. [Ozaeta v. CA, GR 95226. Nov. 18, 1993]. Further training. That part of vocational training which follows basic training, usu. within the framework of a training program or scheme, for recognized qualifications. [Sec. 1, Rule 1, Book 2, IRR of LC]. Future debts. Debts the amount of which is not yet known and until the debt is liquidated, there can be no claim against the guarantor. [Art. 2053, CC]. Future inheritance. Succ. Any property or right not in existence or capable of determination at the time of the contract, that a person may in the future acquire by succession. [Blas v. Santos, GR L14070. Mar. 29, 1961]. Future person. One who is to be born. It may be a natural or juridical person. Future property. 1. Anything which the donor cannot dispose of at the time of the donation. [Art. 751, CC]. 2. It includes all property that belongs to others at the time the donation is made, although it may or may not later belong to the donor. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 561]. Futures commission merchant or broker. A corporation or partnership engaged in soliciting or in accepting orders for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market and that, in connection with such solicitation or acceptance of orders, accepts any money, securities or property (or extends credit in lieu thereof) to margin, guarantee or secure any trade or contract that results or may result therefrom. [Onapal Phils. Commodities, Inc. v. CA, GR 90707. Feb. 1, 1993]. Futures. The term has grown out of those purely speculative transactions in which there are nominal contracts to sell for future delivery, but where in fact no delivery is intended or executed. The nominal seller does not have or expect to have a stock of merchandise he purports to sell nor does the nominal buyer expect to receive it or to pay for the price. Instead of that, a percentage or margin is paid, which is increased or diminished as the market rates go up and down, and accounted for to the buyer. This is simple speculation, gambling or wagering on prices within a given time; it is not buying and selling and is illegal as against public policy. [Onapal Phils. Commodities, Inc. v. CA, GR 90707. Feb. 1, 1993].
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-GGAA. See General Appropriations Act. GAAP. See Generally Accepted Accounting Principles. GAD. See Gender and Development. Gaffer. Also Taga-tari. Tag. A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs. [Sec. 4, PD 449]. Gahasa. Tag. The word does not refer to force in general but only to force or violence when applied to a woman for the purpose of satisfying the lust of the actor. [Campita v. Villanueva, GR L-20228. Nov. 28, 1964]. Gainful employment. Employment that gives one an income such that there is an appreciable margin of his income over his expenses as to be able to provide for an adequate support in the event of unemployment, sickness, or disability to work and thus avoid one's becoming the object of charity or a public charge. [In re: Lim Biak Chao v. Rep., GR L-28541, Jan. 14, 1974]. Gamble. To play games of chance for money; to bet. Gambler. A person who wagers money on the outcome of games or sporting events. Gambling. Crim. Law. 1. The felony committed by: (a) any person who, in any manner shall directly, or indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking, or percentage game, dog races, or any other game of scheme the result of
which depends wholly or chiefly upon chance or hazard; or wherein wagers consisting of money, articles of value or representative of value are made; or in the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value; (b) any person who shall knowingly permit any form of gambling referred to in the preceding number to be carried on in any uninhabited or uninhabited place of any building, vessel or other means of transportation owned or controlled by him; (c) the maintainer, conductor, or banker in a game of jueteng or any similar game; or (d) any person who shall, knowingly and without lawful purpose, have in his possession and lottery list, paper or other matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has taken place or about to take place. [Art. 195, RPC]. 2. Play by certain rules at cards, dice, or other contrivance, so that one shall be the loser and the other the winner. [US v. Salaveria, GR 13678. Nov. 12, 1918]. 3. Making a bet or a play for value against an uncertain event in hope of gaining something of value. [PAGCOR v. Phil. Gaming Jurisdiction Inc., GR 177333, Apr. 24, 2009]. Compare with Game of chance. Game. 1. A form of play or sport, esp. a competitive one played acc. to rules and decided by skill, strength, or luck. 2. A sport, pastime, or contest. [PAGCOR v. Phil. Gaming Jurisdiction Inc., GR 177333, Apr. 24, 2009]. Compare with Amusement. Game of chance. 1. That game which depends more on chance or hazard
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than or skill or ability. [Art. 2013, CC]. 2. A game in which chance rather than skill determines the outcome. [PAGCOR v. Phil. Gaming Jurisdiction Inc., GR 177333, Apr. 24, 2009]. Compare with Gambling. Game of skill. A game where the outcome is determined mainly by mental or physical skill, rather than by chance. A game of skill generally has an element of chance, but skill plays a greater role in determining the outcome. Game refuge. Safe place for wildlife. Game refuge or Bird sanctuary. A forest land designated for the protection of game animals, birds and fish and closed to hunting and fishing in order that the excess population may flow and restock surrounding areas. [Sec. 3, PD 705]. Game-fixing. Any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or known other than on the basis of the honest playing skill or ability of the players or participants. [Sec. 1, PD 483]. Game-machinations. Any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sport contest. [Sec. 1, PD 483]. Gana. Tag. With the stress on the 1st syllable, earning or wage or salary. Garnish. 1. To serve with notice of proceedings; to warn. 2. To attach a debt. Garnishee. A 3rd party who is served notice by a court to surrender money in settlement of a debt or claim. Garnishment. 1. The process of notifying a 3rd person called the garnishee to retain and attach the property he has in his possession or under his control belonging to the judgment debtor, to make disclosure to the court concerning the same, and to dispose of the same as the court shall direct to satisfy the judgment. [Bench Book for Trial Court Judges, p. 2-59]. 2. A species of attachment for reaching any property or credits pertaining or payable to a judgment debtor. In legal contemplation, it is a forced novation by the substitution of creditors; the judgment debtor, who is the original creditor of the garnishee is, through service of the writ of garnishment, substituted by the judgment creditor who thereby becomes creditor of the garnishee. Garnishment has also been described as a warning to a person having in his possession property or credits of the judgment debtor, not to pay the money or deliver the property to the latter, but rather to appear and answer the plaintiff's suit. [Perla Compania De Seguros v. Ramolete, GR L-60887. Nov. 13, 1991]. Compare with Levy. Garnishment, Writ of. An order granted to a 3rd party [garnishee] to hold or attach the property of a defendant or judgment creditor. See Writ of garnishment. Gasera. Tag. Kerosene lamp. [People v. Indaya, GR 90296. Apr. 25, 1991]. Gasoline. Volatile mixture of liquid hydrocarbon, generally containing small amounts of additives suitable for use as fuel in spark-ignition internal combustion engines with quality specifications in accordance with the PNS. [Sec. 3, RA 9367].
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Gastric. Of the stomach. Gastric ulcer. See Stomach ulcer. Gastro-duodenitis. A disease involving both the stomach and the duodenum; that the head of the pancreas is cradled next to the duodenum just past the stomach and a tumor mass in this organ may be detected by seeing its pressure effect on the abdomen; that radiologic procedure may show the encroachment of the pancreatic lesion on other organs; and changes in the configuration of the abdominal loop of the stomach rarely appear early but are merely signs of advanced disease. [Sealanes Marine Services, Inc. v. NLRC, GR 84812. Oct. 5, 1990]. Gavel. A wooden mallet used by a judge to bring proceedings to a start or to an end or to command attention in his court. Gawad Pambansang Alagad ng Sining. See National Artist Award. GCE. Govt. Corporate Entities. [RA 10149]. GCG. See Governance Commission for Government-Owned or -Controlled Corporations. GCTA. See Good conduct time allowance. Gemstone gathering permit. The nonexclusive permit granted by the provincial governor to any qualified person to gather loose stones useful as gemstones in rivers and other locations. [Sec. 52, RA 7942]. GenCos. Privatized generating companies [generators] in the electric power business. [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Gender. The condition of being female or male; sex. Gender and Development (GAD). The development perspective and process that are participatory and empowering, equitable, sustainable, free from violence, respectful of human rights, supportive of self-determination and actualization of human potentials. It seeks to achieve gender equality as a fundamental value that should be reflected in development choices; seeks to transform society's social, economic, and political structures and questions the validity of the gender roles they ascribed to women and men; contends that women are active agents of development and not just passive recipients of development assistance; and stresses the need of women to organize themselves and participate in political processes to strengthen their legal rights. [Sec. 4, RA 9710]. Gender equality. 1. The principle of equality bet. women and men and equal rights to enjoy conditions in realizing their full human potentials to contribute to, and benefit from, the results of development, with the State recognizing that all human beings are free and equal in dignity and rights. It entails equality in opportunities, in the allocation of resources or benefits, or in access to services in furtherance of the rights to health and sustainable human development among others, without discrimination. [Sec. 4, RA 10354]. 2. The principle asserting the equality of men and women and their right to enjoy equal conditions realizing their full human potentials to contribute to and benefit from the re-
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sults of development, and with the State recognizing that all human beings are free and equal in dignity and rights. [Sec. 4, RA 9710]. Gender equity. 1. The policies, instruments, programs and actions that address the disadvantaged position of women in society by providing preferential treatment and affirmative action. It entails fairness and justice in the distribution of benefits and responsibilities bet. women and men, and often requires women-specific projects and programs to end existing inequalities. This concept recognizes that while reproductive health involves women and men, it is more critical for womens health. [Sec. 4, RA 10354]. 2. The policies, instruments, programs, services, and actions that address the disadvantaged position of women in society by providing preferential treatment and affirmative action. Such temporary special measures aimed at accelerating de facto equality bet. men and women shall not be considered discriminatory but shall in no way entail as a consequence the maintenance of unequal or separate standards. These measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved. [Sec. 4, RA 9710]. Gender mainstreaming. The strategy for making women's as well as men's concerns and experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit equally and inequality is not perpetuated. It is the process of assessing the implications for women and men of any planned action, incl. legislation, policies, or programs in all areas and at all levels. [Sec. 4, RA 9710; Sec. 3, RA 9729]. Gender sensitivity. Cognizance of the inequalities and inequalities prevalent in society bet. women and men and a commitment to address issues with concern for the respective interest of the sexes. [Sec. 2, IRR, RA 8042]. General acceptance. Nego. Inst. An acceptance to pay at a particular place, unless it expressly states that the bill is to be paid there only and not elsewhere. [Sec. 140, NIL]. Compare with Qualified acceptance. General act. Intl. Law. The document containing a summary of the proceedings of a conference, which assumes the character of a treaty by declaring that the treaties and conventions which are annexed to it have the same force as if they are textually included. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 493]. See Act or Final act. General agency. An agency that comprises all the business of the principal. [Art. 1876, CC]. Compare with Special agency. General agent. A ship agent appointed by the ship owner or carrier in the liner service for all voyages and covered by a General Agency Agreement whereby the agent assumes the role and responsibility of its principal within the Phil. territory incl. but not limited to solicitation of cargo and freight, payment of discharging or loading expenses, collection of shipping charges and issuing or releasing bills of lading and cargo manifest. [Sec. 1, RA 9515].
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General Agreement on Tariffs and Trade (GATT). A multilateral international treaty first created in 1947 and frequently amended (most recently in 1994) to which 125 countries subscribe. GATT provides for fair trade rules and the gradual reduction of tariffs, duties and other trade barriers. The 1994 amendment created a World Trade Organization, which oversees the implementation of the GATT. General Appropriations Act (GAA). The law authorizing the appropriation of funds out of any funds in the Natl. Treasury of the Phils. not otherwise appropriated, for the operation of the government of the Rep. of the Phils. from Jan. 1 to Dec. 31 of the fiscal year for which it is enacted. General appropriations bill. A bill [filed] on the basis of a budget of expenditures and sources of financing, incl. receipts from existing and proposed revenue measures submitted to the Congress by the Pres. within 30 days from the opening of the regular session. [Sec. 22, Art. VII, 1987 Consti.]. Compare with Special appropriations bill. General Assembly. Coop. Law. The full membership of the cooperative duly assembled for the purpose of exercising all the rights and performing all the obligations pertaining to cooperatives, as provided by the Cooperative Code, its articles of cooperation and bylaws: Provided, That for cooperatives with numerous and dispersed membership, the general assembly may be composed of delegates elected by each sector, chapter or district of the cooperative in accordance with the rules and regulations of the Cooperative Development Authority. [Sec. 1, RA 9520]. General Assembly or UN General Assembly. 1. The principal deliberative body of the UN. 2. The central organ of the UN and is vested with jurisdiction over matters concerning its internal machinery and operations. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 24]. General average. Mar. Ins. 1. A contribution by the several interests engaged in the maritime venture to make good the loss of one of them for the voluntary sacrifice of a part of the ship or cargo to save the residue of the property and the lives of those on board, or for extraordinary expenses necessarily incurred for the common benefit and safety of all. [Amer. Home Assurance v. CA, GR 94149. May 5, 1992, Rev. 4th Ed., p. 172]. 2. A contribution by those jointly involved in a maritime venture to make good the loss by one of them for his voluntary sacrifice of a part of the ship or cargo to save the residue of the property and the lives on board, or for the extraordinary expenses necessarily incurred for the benefit and safety of all. Compare with Particular average. General average contribution. Mar. Ins. The monetary contribution required of shipowners and cargo owners (or their respective insurers) in respect of general average expenditures and general average sacrifices. Cargo's claim for general average contributions against the ship is secured by either a maritime lien or a statutory right in rem, depending on the jurisdiction concerned. The shipowner's claim for general average contribution is secured by a possessory lien on the cargo. Both claims may also be asserted by an action in personam. General average expenditure. Mar. Ins. An extraordinary expenditure incurred
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by the shipowner intentionally and reasonably to preserve from peril the property involved in a common maritime adventure [e.g. port of refuge expenses, salvage remuneration, etc.]. General average loss. Mar. Ins. A loss caused by or directly consequential on a general average act. It includes a general average expenditure as well as a general average sacrifice. General average sacrifice Mar. Ins. An extraordinary sacrifice intentionally and reasonably made to preserve from peril the property involved in a common maritime adventure [e.g. jettison of cargo, cutting away the mast or anchor]. General aviation operation. An aircraft operation of a civil aircraft for other than a commercial air transport operation or aerial work operation. [Sec. 3, RA 9497]. General bond. A combination of bidder's bond and a performance bond which may be in cash, certified or cashier's check. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. General Bonded Warehouse. A duty-free storage facility of imported cargoes - either finished, semifinished, or raw material - until the duty upon them has been paid. General Bonded Warehouse Law. Act 3893, as amended by RA 247, which regulates and supervises warehouses which put up a bond. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 26]. General building contractor. A person whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than 2 unrelated building trades or crafts, or to do or superintend the whole or any part thereof. Such structure includes sewers and sewerage disposal plants and systems, parks, playgrounds and other recreational works, refineries, chemical plants, and similar industrial plants requiring specialized engineering knowledge and skill, powerhouse, power plants and other utility plants and installations mines and metallurgical plants, cement and concrete works in connection with the abovementioned fixed works. [Sec. 9, RA 4566]. General counsel. The senior lawyer of a corporation. This is normally a full-time employee of the corporation although some corporations contract this position out to a lawyer with a private firm. General crossed check. A check on which are placed 2 parallel lines diagonally on the left top portion of the check and bet. such lines are written the words "and Co." or none at all as in the case at bar, in which case the drawee should not encash the same but merely accept the same for deposit. [State Investment House v. IAC, GR 72764. July 13, 1989]. Compare with Special crossed check. General crossing. Crossing of the check where the words written bet. the 2 parallel lines are "and Co." or "for payee's account only," as in the case at bar. This means that the drawee bank should not encash the check but merely accept it for deposit. [Associated Bank v. CA, GR 89802. May 7, 1992]. Compare with Special crossing.
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General denial. One which puts in issue all the material averments of the complaint or petition, and permits the defendants to prove any and all facts which tend to negative those averments or some one or all of them. [Loyola v. HRET, GR 109026. Jan. 4, 1994]. Compare with Specific denial. General elections. The regular local and national elections. General engineering contractor. A person whose principal contracting business is in connection with fixed works requiring specialized engineering knowledge and skill, incl. the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, docks and wharves, shipyards and ports, dams, hydroelectric projects, levees, river control and reclamation works, railroads, highways, streets and roads, tunnels, airports and airways, waste reduction plants, bridges, overpasses, underpasses and other similar works, pipelines and other system for the transmission of petroleum and other liquid or gaseous substances, land leveling and earth moving projects, excavating, grading, trenching, paving and surfacing work. [Sec. 9, RA 4566]. General fee. A fee paid to a lawyer to insure and secure his future services for a particular case or work, and to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party. General indorser. A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor. [Tiong v. Ting, GR L-26767. Feb. 22, 1968]. General jurisdiction. It refers to courts that have no limit on the types of criminal and civil cases they may hear. General ledger. A record of a business entitys accounts which make up its f inancial statements. [Kepco Phils. Corp v. Comm. Of Int. Rev., GR 179356. Dec. 14, 2009]. General objection. An objection that the contested exhibits are inadmissible for having been admitted when the purpose for which they are being offered are not stated. General or Special Orders. Acts and commands of the Pres. in his capacity as Commander-in-Chief of the Armed Forces of the Phils. shall be issued as general or special orders. [Sec. 7, Admin. Code of 1987]. General partner. A partner who is liable to the extent of his separate property after all the assets of the partnership are exhausted. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. Compare with Limited partner. General partnership. A partnership where all the parties are general partners who are liable even to the extent of their individual properties, after the exhaustion of the partnership assets. [Suarez, Intro. to Law, 1995 3rd Ed., p. 119]. Compare with Limited partnership. General practice. Dealing in many or numerous areas of the law. General principles of law. Legal doctrine that allows international tribunals to adopt and apply principles common to the various systems of domestic law, so long as they are consistent with the nature of the international community and
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are not in conflict with the law established by international conventions or international customary law. One of the sources of international law listed in Art. 38 (1) (c) of the Statute of the ICJ. Their use is controversial and they have rarely influenced the decisions of any international tribunal. General professional partnership. A partnerships formed by persons for the sole purpose of exercising their common profession, no part of the income of which is derived from engaging in any trade or business. [Sec. 131, RA 7160]. General public. The general community or population, and one who offers services or solicits business only from a narrow segment of the general population. [De Guzman v. CA, GR L-47822. Dec. 22, 1988]. General register. The general register of marriages, divorces, revocation of divorces, conversion and such other deeds or instruments kept by the Registrar under the Code of Muslim Personal Laws of the Phils. [Art. 7, PD 1083]. General Register (G.R.) Number. A docket number assigned to an initiatory pleading properly filed [before the Sup. Court] which shall identify the case for record purposes until its termination under the Rules of Court. [The Internal Rules of the Sup. Court, AM 10-4-20SC, May 4, 2010]. General repealing provision. A clause which predicates the intended repeal under the condition that a substantial conflict must be found in existing and prior acts. [Mecano v. COA, GR 103982. Dec. 11, 1992]. General retainer. A fee paid to a lawyer to secure beforehand his services as general counsel for any ordinary legal problem that may otherwise arise in the ordinary business of the client. General statute. One which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class. [Vinzons-Chato v. Fortune Tobacco Corp., GR 141309, June 19, 2007]. Compare with Special statute. General unsecured creditor. A creditor whose claim or a portion thereof its neither secured, preferred nor subordinated under RA 10142. [Sec. 4, RA 10142]. General viewing. Making motion pictures available to general public for its viewing through convenient film packs or similar materials sold, leased, or lent in commercial outlets, public lending clubs, and similar organizations. [Sec. 10, PD 1986]. General warrant. One of a class of writs long proscribed as unconstitutional and once anathematized as totally subversive of the liberty of the subject. Clearly violative of the constitutional injunction that warrants of arrest should particularly describe the person or persons to be seized, the warrant must, as regards its unidentified subjects, be voided. [Pangandaman v. Casar, GR L-71782. Apr. 14, 1988]. General welfare clause. 1. Sec. 16 of RA 7160 or the Local Govt. Code of 1991. 2. A delegation in statutory form of the police power, under which municipal corporations are authorized to enact ordinances to provide for the health and safety, and promote the morality, peace
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and general welfare of its inhabitants. [Physical Therapy Org. of the Phil. v. Mun. Board of the City of Manila, GR L10448. Aug. 30, 1957]. Generale dictum generaliter est interpretandum. Lat. A general expression is to be construed generally. Generalia specialibus non derogant. Lat. The general does not detract from the specific. A special law is not regarded as having been amended or repealed by a general law unless the intent to repeal or alter is manifest. [Manila Railroad Co. v. Rafferty, 40 Phil 224 (1919)]. Generalia verba sunt generaliter intelligenda. Lat. General words are understood in a general sense. It should be understood to have a general and inclusive scope, inasmuch as the term is a general one. [Diaz v. IAC, GR 66574. Feb. 21, 1990]. Generalibus specialia derogant. Lat. Special words derogate from the meaning of general ones. General terms do not restrict or modify special provisions. [Bernas v. CA, GR 85041. Aug. 5, 1993]. Generality. A characteristic of criminal law where the law is deemed binding upon all persons who reside or sojourn in the Phils., irrespective of age, sex, color, creed, or personal circumstances. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 2]. Generally Accepted Accounting Principles (GAAP). The common set of accounting principles, standards and procedures that companies use to compile their financial statements. GAAP are a combination of authoritative standards [set by policy boards] and simply the commonly accepted ways of recording and reporting accounting information. Generation company. Any person or entity authorized by the Energy Regulatory Commission (ERC) to operate facilities used in the generation of electricity. [Sec. 4, RA 9136]. Generation facility. A facility for the production of electricity and/or thermal energy such as, but not limited to, steam, hot or cold water. [Sec. 4, RA 9513]. Generation of electricity. The production of electricity by a generation company or a co-generation facility pursuant to the provisions of RA 9136. [Sec. 4, RA 9136]. Generic. 1. Adj. Characteristic of or relating to a class or group; not specific. 2. N. A product having no brand name or registered trademark. Generic aggravating circumstances. Those that generally apply to all crimes such as those mentioned in Art. 14, par. 1, 2, 3, 4, 5, 6, 9, 10, 14, 18, 19 and 20, of the Rev. Penal Code. It has the effect of increasing the penalty for the crime to its maximum period, but it cannot increase the same to the next higher degree. It must always be alleged and charged in the information, and must be proven during the trial in order to be appreciated. Moreover, it can be offset by an ordinary mitigating circumstance. [Palaganas v. People, GR 165483, Sept. 12, 2006]. Compare with Special aggravating circumstances. Generic drugs. Drugs not covered by patent protection and which are labeled solely by their international non-
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proprietary or generic name. [Sec. 3, RA 6675]. Generic mitigating circumstance. A circumstance the attendance of which, unless offset by an aggravating circumstance, will lower the imposable penalty only to its minimum. The presence of 2 or more generic mitigating circumstances, provided there is no aggravating circumstance, will lower the imposable penalty by one degree, pursuant to Rule 5, Art. 64 of the Rev. Penal Code. Also called Ordinary mitigating circumstance. Generic name. Also Generic terminology. The identification of drugs and medicines by their scientifically and internationally recognized active ingredients or by their official generic name as determined by the Bu. of Food and Drugs (BFAD) of the DOH. [Art. 4, RA 7394; Sec. 3, RA 6675]. Generic or indeterminate thing. A thing which refers only to a class or genus and cannot be identified with particularity. [Diaz, Bus. Law Rev., 1991 Ed., p. 3]. Generics Act of 1988. RA 6675 entitled An Act to promote, require and ensure the production of an adequate supply, distribution, use and acceptance of drugs and medicines identified by their generic names enacted on Sep. 13, 1988. Genetic. 1. Of or relating to genes or heredity. 2. Of or relating to genetics. Genetic materials. Livestock breed, crop varieties, and fishery species. [Sec. 2, PD 2032]. Genetic testing. Analysis of inherited factors [usu. by blood or tissue test] of mother, child, and alleged father which can help to prove or disprove that a particular man fathered a particular child. Genetically engineered organism (GEO). See Genetically modified organism (GMO). Genetically modified organism (GMO). An organism whose genetic material has been altered using genetic engineering techniques. These techniques, generally known as recombinant DNA technology, use DNA molecules from different sources, which are combined into one molecule to create a new set of genes. This DNA is then transferred into an organism, giving it modified or novel genes. Transgenic organisms, a subset of GMOs, are organisms which have inserted DNA that originated in a different species. Also Genetically engineered organism (GEO). Genetics. 1. The study of heredity and the variation of inherited characteristics. 2. The genetic properties or features of an organism, characteristic, etc. Genocide. Intl. Law. 1. Any of the following acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social or any other similar stable and permanent group as such: (1) Killing members of the group; (2) Causing serious bodily or mental harm to members of the group; (3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (4) Imposing measures intended to prevent births within the group; and (5) Forcibly transferring children of the group to another group. [Sec. 5, RA 9851]. 2. The intentional annihilation of
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a national, ethnical, racial, or religious group. Gentlemens agreement. Intl. Law. A temporary agreement on the conduct or course of action to be followed and arrived at through an exchange of diplomatic correspondence. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. Genuine. Also Authentic. The document speaks the truth; that it is what it purports to be - a faithful statement or record of the truth. Trustworthy or not false. [Lucman v. Dimapuro, GR L-31558. May 29, 1970]. Genuine issue. Evid. 1. Such issue of fact which requires the presentation of evidence as distinguished from a sham, fictitious, contrived or false claim. [Nocom v. Camerino, GR 182984, 10 Feb. 2009]. 2. An issue of fact which calls for the presentation of evidence as distinguished from an issue which is sham, fictitious, contrived, set up in bad faith and patently unsubstantial so as not to constitute a genuine issue for trial. The court can determine this on the basis of the pleadings, admissions, documents, affidavits and/or counter affidavits submitted by the parties to the Court. [Paz v. CA, GR 85332. Jan. 11, 1990]. Genuine link. A state must have a real and bona fide relationship with a person before it may sponsor that person's suit in an international tribunal. Genuine or Authentic. Fully trustworthy and in accordance with fact or actuality. [Lucman v. Dimapuro, GR L-31558. May 29, 1970]. Genuine or authentic document. A document that it is fully trustworthy and is in accordance with fact or actuality [Lucman v. Dimapuro, GR L-31558. May 29, 1970]. Genuineness. The fact that the document is not spurious, counterfeit, or of different import on its face from the one executed by the party, or that the party whose signature it bears has signed it and that at the time it was signed, it was in words and figures exactly as set out in the pleadings. See Due execution. Genuineness and due execution. The phrase means nothing more than that the instrument is not spurious, counterfeit, or of different import on its face from the one executed. [Bough v. Cantiveros, GR 13300. Sep. 29, 1919]. Genus nunquam peruit. Lat. The genus never perishes. Generic things do not perish. GEO. Genetically engineered organism. Geodetic engineer. A natural person who has been issued a Certificate of Registration by the Board of Geodetic Engineering and has taken the Oath of Profession of Geodetic Engineers. [Sec. 2, RA 8560]. Geodetic engineering, Practice of. A professional and organized act of gathering physical data on the surface of the earth with the use of precision instruments. It is also the scientific and methodical processing of these data and presenting them on graphs, plans, maps, charts or documents. [Sec. 2, RA 8560]. Geographic information system (GIS). 1. A database which contains, among
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others, geo-hazard assessments, information on climate change, and climate risk reduction and management. [Sec. 3, RA 10121]. 2. An integrated system of hardware, software, personnel and procedures for the capture, storage, analysis, manipulation and display of geographically-referenced spatial data. [Sec. 4, DENR AO 2008-24]. Geological sciences. That group of disciplines in the natural sciences dealing with the earth, its composition, physics, structure and evolution. It shall include, among others, the following disciplines: Geochemistry; Petrology; Mineralogy; Geophysics; Geodynamics; Structural Geology; Tectonics; Geomorphology; Volcanology; Seismology; Stratigraphy, Paleontology; Historical Geology; Economic Geology; and such interdisciplinary subjects as Marine Geology, Hydrogeology, Engineering Geology, Petroleum Geology, Environmental Geology, Mineral Economics, Mining Geology, Geomathematics, Geostatistics, Geobarometry, Geochronology, Nuclear Geology, Geothermometry, Astrogeology, Remote Sensing in Geology and others. [Sec. 2, EO 625 (1980)]. Geology. The science that deals with the earth's physical structure and substance, its history, and the processes that act on it. Geology, Practice of. The offering or rendering of services of any of the specialized branches of geology for a fee, reward or compensation, paid to him/her or through another person or persons, or even without such reward or compensation. [Sec. 4, RA 10166]. Geomancy. Divination by lines and figures drawn on the ground. Geothermal. Of, relating to, or produced by the internal heat of the earth. Geothermal energy. 1. Energy, as a mineral resource, produced through: (1) natural recharge, where the water is replenished by rainfall and the heat is continuously produced inside the earth; and/or (2) enhanced recharge, where hot water used in the geothermal process is re-injected into the ground to produce more steam as well as to provide additional recharge to the convection system. [Sec. 4, RA 9513]. 2. Energy derived or derivable from and produced within the earth by natural heat phenomenon: and includes all steam, and water vapor, and every mixture of all or any of them that has been heated by natural underground energy, and every kind of matter derived from a bore and for the time being with or in any such stead, water, water vapor, or mixture. [Sec. 2, RA 5092]. Geothermal energy systems. Machines or other equipment that converts geothermal energy into useful power. [Sec. 4, RA 9513]. Geothermal resources. Mineral resources, classified as renewable energy resource, in the form of: (i) all products of geothermal processes, embracing indigenous steam, hot water, and hot brines; (ii) steam and other gases, hot water, and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; (iii) heat or associated energy found in geothermal formations; and (iv) any byproduct derived from them. [Sec. 4, RA 9513].
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G-EPS. The Govt. Electronic Procurement System as provided in Sec. 8 of RA 9184. [Sec. 5, RA 9184]. Geriatrics. 1. Geriatrics. The branch of medical science devoted to the study of the biological and physical changes and the diseases of old age. [Sec. 3. RA 9994; Sec. 2, RA 9257]. Gerontology. The scientific study of the biological, psychological, and sociological phenomena associated with old age and ageing and in determining answers about the normal aging process rather than the diseases of old age. It is also the scientific study of the processes of aging from many disciplines, incl. social work, anthropology, biology, history, sociology, psychology, and demography. [Art. 5, IRR of RA 9994]. Gerontophilia. Legal Med. Sexual desire with older persons. [Olarte, Legal Med., 1st Ed. (2004), p. 114]. Gerontosexuality. The distinct preference for sexual relationships primarily or exclusively with an elderly partner. Gerrymander. Pol. Law. To divide a geographic area into voting districts so as to give unfair advantage to one party in elections. Gerrymandering. Pol. Law. 1. A term employed to describe an apportionment of representative districts so contrived as to give an unfair advantage to the party in power. [Ceniza v. Comelec, L52304, Jan. 28, 1980]. 2. The practice of creating a legislative district composed only of towns or localities where a preferred is expected to win, and excluding from said district those towns and municipalities where a preferred candidate is not expected to win. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 313]. Gestation. 1. The period of development of the young in viviparous animals, from the time of fertilization of the ovum until birth. [People v. Pamor, GR 108599. Oct. 7, 1994]. 2. The length of gestation in humans is thought to average 266 days from conception, or 280 days (9 calendar months) from the 1st day of the last menstrual period. [People v. Pamor, GR 108599. Oct. 7, 1994]. Gestor. Voluntary manager. [US v. Lim, GR 11841. Mar. 31, 1917]. See Negotiorum gestor. GFI. See Government Financial Institution. GHG . See Greenhouse gases. Ghost employees. Employees whose names are listed in the payroll as receiving salaries but who do not exist or no longer work for the organisation. Their personal emoluments and other benefits may be captured by corrupt 3rd parties. GICP. Govt. Instrumentalities with Corporate Powers. [RA 10149]. Gift. A thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee. [Sec. 3, RA 6713]. Gift "propter nuptias." A gift bestowed in 1880, when the Civ. Code was not yet in
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force, is understood to have been made under the provisions of law 9, title 4, of the 5th Partida, which did not require the form of a public instrument except when the gift exceeded 500 maravedises in gold, to which P200, the value of land donated, nowhere near amounts. [Tiamson v. Tiamson, GR 9692. Oct. 21, 1915]. Gift enterprise. It is commonly applied to a sporting artifice under which goods are sold for their market value, but by way of inducement each purchaser is given a chance to win a prize [Caltex (Phils.) INC. v. Palomar, GR L-19650. Sep. 29, 1966]. Gimmick. In contemporary lingo, a ploy, a trick or a racket. GIS. See Geographic information system. Give approval. To confirm, ratify, sanction or consent to some act or thing done by another. [Ramos v. CA, GR 42108. Dec. 29, 1989]. Given name. Also Proper name. That which is given to the individual at birth or at baptism, to distinguish him from other individuals. It may be freely selected by the parents for the child. [Rep. v. Hernandez, GR 117209. Feb. 9, 1996]. Compare with Surname or family name. Giving aid or comfort to the enemy. An act which strengthens or tends to strengthen the enemy of the govt. in the conduct of war against the government, or an act which weakens or tends to weaken the power of the govt. or the country to resist or to attack the enemies of the govt. or of the country. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 33]. Giving assistance to suicide. Crim. Law. The felony committed by any person who shall assist another to commit suicide or shall lend his assistance to another to the extent of doing the killing himself. [Art. 253, RPC]. Giving away. A disposition other than a sale. It is, therefore, an act short of a sale which involves no consideration. [People v. Lacerna, GR 109250. Sep. 5, 1997]. Glaucoma. A disease characterized by increased tension or pressure within the eye and progressive loss of visual field. Intraocular pressure increases when the patient exerts energy, as in running, reading, climbing stairs, bending over to pick up an object. It also occurs in relation to emotional upsets. Global budget. An approach to the purchase of medical services by which health care provider negotiations concerning the costs of providing a specific package of medical benefits is based solely on a predetermined and fixed budget. [Sec. 1, RA 9241]. Global competitiveness. The ability to compete in terms of price, quality and volume of agriculture and fishery products relative to those of other countries. [Sec. 4, RA 8435]. Global mobile personal communications by satellite. A satellite system providing telecommunications services directly to end-users anywhere in the globe from a constellation of satellites. [Sec.3, EO 467, s. 1998].
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Global tax model. Imposes uniform [usu. Progressive] taxes on all types of income. Global Warming. The increase in the average temperature of the Earths near-surface air and oceans that is associated with the increased concentration of greenhouse gases in the atmosphere. [Sec. 3, RA 9729]. Globe doctrine. Labor. The doctrine enunciated in Globe Machine & Stamping Co. [3 NLRB 294], and applied in Democratic Labor Union v. Cebu Stevedoring Co., [L-10321, 28 Feb. 1958], where bargaining units may be formed through separation of new units from existing ones whenever plebiscites had shown the workers' desire to have their own representatives. [Mechanical Department Labor Union sa Phil. Natl. Railways v. CIR, GR L-28223. Aug. 30, 1968]. GMO. See Genetically modified organism. GOCC. See Government-owned or controlled corporation. GOCC Governance Act of 2011. RA 10149 entitled An Act to promote financial viability and fiscal discipline in government-owned or -controlled corporations and to strengthen the role of the state in its governance and management to make them more responsive to the needs of public interest and for other purposes enacted on June 6, 2011]. Gold refining. The smelting bars, bullion and treatment of chemical reagents, electro refining, to remove other metal contents leaving gold alone. [Sec. 2, RA 4095]. Good conduct time allowance (GCTA). The deductions from the period of sentence to which any prisoner in any penal institution of good conduct shall be entitled, viz: (a) during the 1st 2 years of his imprisonment, he shall be allowed a deduction of 5 days for each month of good behavior; (b) during the 3rd to the 5th year, inclusive, of his imprisonment, he shall be allowed a deduction of 8 days for each month of good behavior; (c) during the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of 10 days for each month of good behavior; and (d) during the eleventh and successive years of his imprisonment, he shall be allowed a deduction of 15 days for each month of good behavior. [Art. 97, RPC]. Good faith. 1. In common usage, that state of mind denoting honesty of purpose, freedom from intention to defraud, and, generally speaking, means being faithful to one's duty or obligation. It consists of the honest intention to abstain from taking an unconscionable and unscrupulous advantage of another. [Filinvest Credit v. CA, GR 115902. Sep. 27, 1995]. 2. The reasonable belief that the person from whom the possessor received the thing was the owner thereof, and could transmit his ownership. [Art. 1127, CC]. Good moral character. Although the term admits of broad dimensions, it has been defined as incl. at least common honesty. [Royong v. Oblena, Adm. Case 376, Apr. 30, 1963; In re Del Rosario, 52 Phil. 399 (1928)]. Good offices. Intl. Law. A method by which a 3rd party attempts to bring the disputing states together in order that
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they may be able to discuss the issues in contention. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 121]. Good reasons. Special, important, pressing reasons [that] must exist to justify execution pending appeal. [Roxas v. CA, GR L-56960. Jan. 28, 1988]. Good seeds. Seeds that are the progeny of certified seeds so handled as to maintain a minimum acceptable level of genetic purity and identity and which is selected at the farm level. [Sec. 4, RA 7607]. Goods. 1. All items, supplies, materials and general support services, except consulting services and infrastructure projects, which may be needed in the transaction of the public businesses or in the pursuit of any govt. undertaking, project or activity, whether in the nature of equipment, furniture, stationery, materials for construction, or personal property of any kind, incl. non-personal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services, as well as procurement of materials and supplies provided by the procuring entity or such services. [Sec. 5, RA 9184]. 2. Chattels and personal property other than: money, things in action, or things so affixed to land as to become a part thereof. [Sec. 3, PD 115]. Goodwill. 1. An intangible business asset which includes a cultivated reputation and consequential attraction and confidence of repeat customers and connections. 2. The advantage or benefit which is acquired by an establishment beyond the mere value of the capital stock, funds or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers on account of its local position, or common celebrity, or reputation for skill, or necessities, or punctuality, or from other accidental circumstances or necessities, or even from ancient partialities or prejudices. [Bachrach v. Esteva, GR 44510. Dec. 24, 1938]. See also Business goodwill and Company goodwill. GOP. Govt. of the Phils. Gout. A disease characterized by painful inflammation of the joints, in excessive amount of uric acid in the blood. Poor man's gout is caused by hard work, poor food and exposure. [Meez v. ECC, GR L-48488. Apr. 25, 1980]. Governance Commission for Government - Owned or -Controlled Corporations (GCG). A central advisory, monitoring, and oversight body with authority to formulate, implement and coordinate policies.[of the GOCCs]. [Sec. 5, RA 10149]. Governance of Basic Education Act of 2001. RA 9155 entitled An Act Instituting a Framework of Governance for Basic Education, Establishing Authority and Accountability, Renaming the Dept. of Education, Culture and Sports as the Dept. of Education, and for Other Purposes which lapsed into law on Aug. 11, 2001. Governing document. The articles of incorporation, bylaws, conditions, rules and regulations of the [homeowners] association, or other written instrument by which the association has the author-
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ity to exercise any of the powers provided for in RA 9904. [Sec. 3, RA 9904]. Government. 1. The natl. govt., and any of its subdivisions, agencies or instrumentalities, incl. GOCCs and their subsidiaries. [Sec. 1, RA 7080]. 2. The Executive, the Legislative and the Judicial Branches and the Constitutional Commissions and shall include all, but shall not be limited to, departments, bureaus, offices, boards, commissions, courts, tribunals, councils, authorities, administrations, centers, institutes, state colleges and universities, LGUs, and the armed forces. [Sec. 4, RA 6758]. 3. The Natl. Govt., the local govts., and all other instrumentalities, agencies or branches of the Rep. of the Phils. incl. GOCCs, and their subsidiaries. [Sec. 3, RA 6713]. 4. That institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. [US v. Dorr, GR 1051. May 19, 1903]. Compare with Administration. 5. Intl. Law. The instrumentality that represents the state in its dealings with other international persons. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 37]. Government accounting. It encompasses the processes of analyzing, recording, classifying, summarizing and communicating all transactions involving the receipt and disposition of govt. funds and property, and interpreting the results thereof. [Sec. 109, PD 1445]. Government agency. 1. Any govt. entity, office or officer, other than a court, that is vested by law with quasi-judicial power to resolve or adjudicate dispute involving the government, its agencies and instrumentalities, or private persons. [Sec. 3, RA 9285]. 2. Any department, bureaus or office of the Natl. Govt., or any of its branches and instrumentalities, or any political subdivision, as well as any GOCC, incl. its subsidiaries, or other self-governing board or commission of the Government. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Government Auditing Code of the Philippines. PD 1445 entitled Ordaining and instituting a Govt. Auditing Code of the Phils. signed into law on June 11, 1978. Government auditing. The analytical and systematic examination and verification of financial transactions, operations, accounts, and reports of any govt. agency for the purpose of determining their accuracy, integrity, and authenticity, and satisfying the requirements of law, rules and regulations. [Sec. 53, PD 1445]. Government contract. Also Public contract. A contract entered into by state officers acting on behalf of the state, and in which the entire people of the state are directly interested. It relates wholly to matter of public concern, and affects private rights only so far as the statute confers such rights when its provisions are carried out by the officer to whom it is confided to perform. [Cobacha, and Lucenario, Law on Public Bidding and Govt. Contracts, 1960, p. 283]. Government Corporate Governance Standards. A set of principles derived from law and practices, rules and standards prescribed by the Governance
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Commission for Government-Owned or -Controlled Corporations (GCG) that generate long-term arid desirable economic value for the State. It shall also refer to a system whereby shareholders, creditors, and other stakeholders of a corporation ensure that management enhances the value of the corporation as it competes in an increasingly global market place. [Sec. 3, RA 10149]. Government employees. All employees of all branches, subdivisions, instrumentalities, and agencies of the Government, incl. GOCCs with original charters. [Sec. 1, EO 180]. Government financial institutions (GFIs). (1) Those financial institution in which the govt. directly or indirectly own majority of the capital stock and which are either registered with or directly supervised by the BSP [Operating Guidelines of EO 138, Mar. 29, 2000]; or (2) collecting or transacting funds or contributions from the public and places them in financial instruments or assets such as deposits, loans, bonds and equity incl., but not limited to, the GSIS and the SSS. [Sec. 3, RA 10149]. Government funds. Public moneys of every sort and other resources pertaining to any agency of the Government. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Government gratuitous permit. The gratuitous permit granted by the provincial governor to any govt. entity or instrumentality to extract sand and gravel, quarry or loose unconsolidated materials needed in the construction of building and/or infrastructure for public use or other purposes over an area of not more than 2 hectares for a period coterminous with said construction. [Sec. 49, RA 7942]. Government hospital. A hospital operated and maintained either partially or wholly by the national, provincial, municipal or city govt. or other political subdivision, or by any department, division, board or other agency thereof. [Sec. 2, RA 4226]. Government Instrumentalities with Corporate Powers (GICP) or Government Corporate Entities (GCE). Instrumentahties or agencies of the government, which are neither corporations nor agencies integrated within the departmental framework, but vested by law with special functions or jurisdiction, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy usu. through a charter x x x. [Sec. 3, RA 10149]. Government lending institutions. Existing and future GFIs, GOCCs primarilly engaged in lending activities. [Sec. 3, RA 9510]. Government of paramount force. A government that is established and maintained by military forces which invade and occupy a territory of the enemy in the course of war, as in the cases of Castine, in Maine, which was reduced to British possession in the war of 1812, and Tampico, Mexico, occupied during the war with Mexico by the troops of the US. Government of paramount force. Characteristics: (a) that its existence is maintained by active military power within the territories and against the rightful authority of an established and lawful gov-
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ernment; and (b), that while it exist it must necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted by the laws of the rightful government. [Co Cham v. Tan Keh, 75 Phil. 113. Sep. 17, 1945]. See De facto government. Government of the Republic of the Philippines (GRP). The corporate governmental entity through which the functions of government are exercised throughout the Phils., incl., save as the contrary appears from the context, the various arms through which political authority is made effective in the Phils., whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local govt. [Sec. 2, Admin. Code of 1987]. Government owned or controlled corporation. See Government-owned or controlled corporation (GOCC). Government security. Any security issued or guaranteed as to principal or interest by the Rep. of the Phils., or by a person controlled or supervised by and acting as an instrumentality of the Govt. of the Rep. of the Phils. pursuant to authority granted by the Congress of the Phils.; or any certificate of deposit for any of the foregoing. [Sec. 3, RA 2629]. Government securities. Unconditional obligations of the sovereign state. It is backed by the full taxing power of the sovereignty. Therefore, government securities are practically free from default. Government Service Insurance System (GSIS). 1. The Govt. Service Insurance System created under CA 186, as amended. [Sec. 1, RA 9241]. 2. The System created by CA 186 passed on Nov. 14, 1936, [which] is mandated to provide and administer the following social security benefits for govt. employees: compulsory life insurance, optional life insurance, retirement benefits, disability benefits for work-related contingencies and death benefits. Government share. The amount due the Natl. Govt. and LGUs from the exploitation, development, and utilization of naturally-occurring renewable energy resources such as geothermal, wind, solar, ocean and hydro excluding biomass. [Sec. 4, RA 9513]. Governmental function. Also Constituent function. Pol. Law. Certain functions and activities, which can be performed only by the Government, and so the State is immune from tort liability. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991]. Compare with Proprietary or Ministrant function. Governmental immunity from suit doctrine. The doctrine that no governmental body can be sued unless it gives permission. Governmental interest doctrine. Intl. Law. The doctrine that courts should apply the law of the state that has the most interest in determining the outcome of the dispute. Governmental purpose. See Public purpose. Government-in-exile. A govt. whose chief exec. and other principal officials have
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fled their state in the face of hostile armed forces but which is recognized as the de jure govt. by at least one other state. Except for the states recognizing it, it is not considered to be a subject of international law. Government-owned or controlled corporation (GOCC). 1. Corporations organized as a stock or non-stock corporation vested with functions relating to public needs, whether governmental or proprietary in nature, and owned by the Govt. directly or through its instrumentalities either wholly or, where applicable as in the case of stock corporations, to the extent of at least 51% of its capital stock. This term shall also include financial institutions, owned or controlled by the Natl. Govt., but shall exclude acquired asset corporations, state universities, and colleges. [Sec. 2, RA 7656]. 2. A stock or non-stock corporation whether performing govt. or proprietary functions, which is directly chartered by special law or if organized under the general corporation law is owned or controlled by the govt. or subsidiary corporation, to the extent of at least a majority of its outstanding capital stock or of its outstanding voting stock. [Sec. 2, PD 2029]. 3. The term shall include GICP/GCE and GFI. [Sec. 3, RA 10149]. GPPB. The Govt. Procurement Policy Board established in accordance with Art. X of RA 9184. [Sec. 5, RA 9184]. G.R. General Register. Compare with UDK. GR See General Register Number. Compare with UDK No. Grade. All classes of positions which, although different with respect to kind or subject matter of work, are sufficiently equivalent as to level of difficulty and responsibility and level of qualification requirements of the work to warrant the inclusion of such classes of positions within one range of basic compensation. [Sec. 3, PD 985]. Graduated tax. Progressive tax. Any tax in which the rate increases as the amount subject to taxation increases. See Progressive tax. Grandfather. To exempt someone or something from a new law or regulation. Grandfather clause. A legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption. Frequently, the exemption is limited; it may extend for a set period of time, or it may be lost under certain circumstances. For example, a "grandfathered power plant" might be exempt from new, more restrictive pollution laws, but those rules would apply if the plant were expanded. Often, such a provision is used as a compromise, to effect new rules without upsetting a wellestablished logistical or political situation. This extends the idea of a rule not being retroactively applied. Grandfather rule. The method by which the percentage of Filipino equity in a corporation engaged in nationalized and/or partly nationalized activities, provided for under the Consti. and other nationalization laws, is computed in cases where there are corporate shareholders.
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Grant. The action of granting; the thing granted. Consent, permission. Promise. Admission, acknowledgment. Also, what is agreed to, promised, admitted, etc. [Phil. Apparel Workers Union v. NLRC, GR L-50320. July 31, 1981]. Granted. Bestowed, allotted. [Phil. Apparel Workers Union v. NLRC, GR L50320. July 31, 1981]. Grantee. A person to whom a grant or conveyance is made. Grantor. The person who sets up a trust. Also referred to as Settlor. Gratuitous. 1. Given or granted without return or recompense; unearned. 2. Given or received without cost or obligation; free. Gratuitous contract or Contract of pure beneficence. A contract the cause of which is the mere liberality of the benefactor. [Art. 1350, Cc]. Gratuitous donation. An act of liberality which has no other basis than the desire to do good thing for the welfare of some persons. [Art. 725, CC]. Gratuitous permit. Permit issued to any individual or entity engaged in noncommercial scientific, or educational undertaking to collect wildlife. [Sec. 5, RA 9147]. Gratuitous title. Also Titulo lucrativo. A transmission wherein the recipient gives nothing in return such as donation and succession [Cabardo v. Villanueva, 44 Phil. 186, 189-190]. Gratuity. 1. A mere bounty given by the Govt. in consideration or recognition of meritorious services and springs from the appreciation and graciousness of the Government. [Ilagan v. Ilaya, GR 33507, Dec. 20, 1930]. 2. Something given freely, or without recompense; a gift; something voluntarily given in return for a favor or services; a bounty; a tip. [Pirovano v. De la Rama Steamship Co., 96 Phil. 357]. Gratuity pay. It is not intended to pay a worker for actual services rendered. It is a money benefit given to the workers whose purpose is "to reward employees or laborers, who have rendered satisfactory and efficient service to the company. [Plastic Town Center Corp. v. NLRC, GR 81176. Apr. 19, 1989]. Gravamen. 1. In civil law and as used and understood in ordinary legal parlance, a lien and/or encumbrance is synonymous with gravamen. [Raminer v. Inves tment & Devt., Inc., SP-08793, June 14, 1979]. 2. The basic gist of every claim [cause of action] or charge in a complaint, particularly the failure to perform. Example: In an accident case, the gravamen may be the negligence of the defendant, and in a contract case, it may be the breach of the defendant. Grave. Giving cause for alarm; serious. Grave abuse of discretion. 1. An evasion of a positive duty or a virtual refusal to perform a duty enjoined by law or to act in contemplation of law as when the judgment rendered is not based on law and evidence but on caprice, whim and despotism. [Ferrer v. Ombudsman, GR 129036, Aug. 6, 2008]. 2. An act of a court or tribunal which was performed in a capricious or whimsical exercise of judgment which is equivalent to lack of jurisdiction. The abuse of discretion must be so patent and gross as to
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amount to an evasion of positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or personal hostility. [De Luna v. IAC, 170 SCRA 254 (1989)]. Grave coercion. Crim. Law. The felony committed by any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong, or for the purpose of compelling another to perform any religious act or to prevent him from so doing. [Art. 286, RPC]. Grave coercion. Crim. Law. Elements: (a) That any person be prevented by another from doing something not prohibited by law, or compelled to do something against his will, be it right or wrong; (b) that the prevention or compulsion be effected by violence, either by material force or such display of it as would produce intimidation and control the will of the offended party, and (c) that the person who restrained the will and liberty of another had no right to do so, or, in other words, that the restraint was not made under authority of law or in the exercise of a lawful right [Timoner v. People, GR L-62050. Nov. 25, 1983]. Grave felonies. Crim. Law. Those felonies to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of the Rev. Penal Code. [Art. 9, RPC]. Grave misconduct. 1. A transgression of some established and definite rule of action, more particularly, unlawful behavior or grave misconduct by the public officer. The word "misconduct" implies a wrongful intention and not a mere error of judgment. For serious misconduct to exist, there must be a reliable evidence that the judicial acts complained of were corrupt or inspired by an intention to violate the law, or were in persistent disregard of well-known legal rules. [In re: Impeachment of Horrilleno, 43 Phil. 212]. 2. A misconduct warranting removal from office of an officer which must have a direct relation to and be connected with the performance of official duties, amounting either to maladministration or willful, intentional neglect and failure to discharge the duties of the office. [Maaliw, Willie Fernando S., CSC Res. 00-1290, June 1, 2000]. 3. Misconduct [that] involves any of the additional elements of corruption, willful intent to violate the law or to disregard established rules, which must be established by substantial evidence. [CSC v. Ledesma, GR 154521, Sept. 30, 2005]. Grave scandal. Crim. Law. The felony committed by any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other Art. of the Rev. Penal Code. [Art. 200, RPC]. Grave threats. Crim. Law. The felony committed by any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, and the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and whether or not said offender shall have attained his purpose, or the threat be made in writing or through a middleman, or shall not
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have been made subject to a condition. [Art. 282, RPC]. Grave threats. Crim. Law. Elements: (a) That the offender threatened another person with the infliction upon his person of a wrong; (b) that such wrong amounted to a crime; and (c) that the threat was not subject to a condition. [Reyes v. People, GR L-21528 & L21529. Mar. 28, 1969]. Gravity. Fam. Law. [The psychological incapacity as a ground to annul a marriage] must be grave and serious such that the party would be incapable of carrying out the ordinary duties required in a marriage. [Dimayuga-Laurena v. CA, GR 159220, 22 Sept. 2008]. See also Judicial antecedence and Incurability. Grazing land. That portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for the raising of livestock. [Sec. 3, PD 705]. Grease money. In the vernacular, Lagay. Money demanded for and accepted as a form of graft and corruption so common in the application for licenses and permits from the government. [Antonio v. Sandiganbayan, GR L-57937. Oct. 21, 1988]. Greater weight of evidence. The phrase is synonymous with the term Preponderance of evidence. Greater weight of the credible evidence. Also Greater weight of evidence. See Preponderance of evidence. Green card. US Resident Alien Registration Card, as commonly referred to. Green energy option. The mechanism to empower end-users to choose renewable energy in meeting their energy requirements. [Sec. 4, RA 9513]. Greenbacks. The term by which the US dollars are popularly known. [Bank of the Phil. Islands v. IAC, GR L-66826. Aug. 19, 1988]. Greenhouse. A structure, primarily of glass, in which temperature and humidity can be controlled for the cultivation or protection of plants. Greenhouse effect. The process by which the absorption of infrared radiation by the atmosphere warms the Earth. [Sec. 3, RA 9729]. Greenhouse gases (GHG). Constituents of the atmosphere that contribute to the greenhouse effect incl., but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. [Sec. 3, RA 9729]. Grego doctrine. Elec. Law. A possible exception to the rule [Labo doctrine] that a 2nd placer may not be declared the winning candidate, [which is] predicated on the concurrence of 2 assumptions, namely: (a) the one who obtained the highest number of votes is disqualified; and (b) the electorate is fully aware in fact and in law of a candidate's disqualification so as to bring such awareness within the realm of notoriety but would nonetheless cast their votes in favor of the ineligible candidate. [Grego v. Comelec, GR 125955. June 19, 1997]. Compare with Labo doctrine. Grid. 1. The high voltage backbone system of interconnected transmission
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lines, substations, and related facilities, located in each of Luzon, Visayas, and Mindanao, or as may otherwise be determined by the ERC in accordance with RA 9136. [Sec. 4, RA 9513]. 2. The high voltage backbone system of interconnected transmission lines, substations and related facilities. [Sec. 4, RA 9136]. Grid code. The set of rules and regulations governing the safe and reliable operation, maintenance and development of the high voltage backbone transmission system and its related facilities. [Sec. 4, RA 9136]. Grievance. A complaint filed by an employee regarding working conditions to be resolved by procedural machinery provided in the union contract. An injury, injustice, or wrong which gives ground for complaint. Grievance machinery. A machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of the collective bargaining agreement and those arising from the interpretation or enforcement of company personnel policies. [Art. 260, LC]. Grooming. The act of preparing a child or someone who the offender believes to be a child for sexual activity or sexual relationship by communicating any form of child pornography. It includes online enticement or enticement through any other means. [Sec. 3, RA 9775]. Gross. Unmitigated in any way; utter. Gross ignorance. The want or absence of reasonable care, skill, and knowledge. Gross ignorance of the law. 1. A patent disregard of simple, elementary and well-known rules. [Salcedo V. Judge Bollozos, AM RTJ-10-2236, July 5, 2010]. 2. [An error in] the order, decision or actuation of the judge in the performance of official duties [which] must be established [to have been] motivated by [his] bad faith, dishonesty, hatred or some other similar motive. [Visbal v. Vanilla, AM MTJ-06-1651 (Formerly OCA IPI 04-1576-MTJ), Apr. 7, 2009]. Gross income. 1. All income derived from whatever source, incl. [but not limited to] the following items: (a) Compensation for services in whatever form paid, incl., but not limited to fees, salaries, wages, commissions, and similar items; (b) Gross income derived from the conduct of trade or business or the exercise of a profession; (c) Gains derived from dealings in property; (d) Interests; (e) Rents; (f) Royalties; (g) Dividends; (h) Annuities; (i) Prizes and winnings; (j) Pensions; and (k) Partner's distributive share from the net income of the general professional partnership. [Sec. 32, NIRC, as amended]. 2. In the case of taxpayers engaged in the sale of service, it means gross receipts less sales returns, allowances, discounts and cost of services. [Sec. 27, NIRC, as amended]. 3. All income derived from whatever source. [CSCs Guidelines on the use of the rev. SALN form]. Compare with Net income. Gross inexcusable negligence. Negligence characterized by the want of even the slightest care, acting or omitting to act in a situation where there is duty to act, not inadvertently but willfully and intentionally, with conscious indifference to consequences insofar as other persons may be affected. [Villanueva v. Sandiganbayan, GR 105607, 21 June 1993].
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Gross neglect of duty. A flagrant and culpable refusal or unwillingness of a person to perform a duty. [Phil. Retirement Authority v. Rupa, 415 Phil. 713, 721 (2001)]. Compare with Gross negligence. Gross negligence. 1. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them. [Citibank, NA v. Gatchalian, 240 SCRA 212, 218 (1995)]. 2. The want or absence of even slight care or diligence as to amount to a reckless disregard of the safety of person or property. [Amedo v. Rio u Olabarrieta, 95 Phil. 33, 37 (1954)]. Gross output. The actual market value of minerals or mineral products from its mining area as defined in the NIRC. [Sec. 3, RA 7942]. Gross Philippine Billings. Gross revenue whether for passenger, cargo or mail originating from the Phils. up to final destination, regardless of the place of sale or payments of the passage or freight documents. [Sec. 28, NIRC, as amended]. Gross receipts. Taxation. The total amount of money or its equivalent representing the contract price, compensation, service fee, rental or royalty, incl. the amount charged for materials supplied with the services and deposits and advanced payments actually or constructively received during the taxable quarter for the services performed or to be performed for another person, excluding value-added tax. [Sec. 108, NIRC, as amended]. Gross sales or receipts. The total amount of money or its equivalent representing the contract price, compensation or service fee, incl. the amount charged or materials supplied with the services and deposits or advance payments actually or constructively received during the taxable quarter for the services performed or to be performed for another person excluding discounts if determinable at the time of sales, sales return, excise tax, and value-added tax (VAT). [Sec. 131, RA 7160]. Gross selling price. Taxation. 1. The total amount of money or its equivalent which the purchaser pays or is obligated to pay to the seller in consideration of the sale, barter or exchange of the goods or properties, excluding the value-added tax. The excise tax, if any, on such goods or properties shall form part of the gross selling price. [Sec. 106, NIRC, as amended]. 2. The total amount of money or its equivalent which the purchaser pays to the vendor to receive or get the goods. [Connell Bros. Co. v. Collector of Internal Revenue, GR L-15470. Dec. 26, 1963]. Gross tonnage. The under-deck tonnage, permanently enclosed spaces above the tonnage deck, except for certain exemptions. In broad terms, all the vessel's 'closed-in' spaces expressed in volume terms on the bases of 100 cubic feet (that equals one gross ton). [Sec. 4, RA 8550]. Gross value-added. The value, excluding the value of non-agricultural or fishery intermediate inputs, of goods and services contributed by the agricultural and fisheries sectors. [Sec. 4, RA 8435]. Gross violations of the Collective Bargaining Agreement. See Collective
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Bargaining Agreement, Gross violations of. Grossly immoral conduct. A conduct so corrupt as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. [Reyes v. Wong, 63 SCRA 667, 673, Jan. 29, 1975]. An act committed under such scandalous or revolting circumstances as to shock the common sense of decency. [Royong v. Oblena, 7 SCRA 859, 869-870, Apr. 30, 1963]. Grotius doctrine of immemorial prescription. Intl. Law. The doctrine that speaks of uninterrupted possession of a territory going beyond memory. [Sandoval, Pol. Law Reviewer 2003]. Ground. The underlying condition prompting an action; a cause. Groundwater. A subsurface water that occurs beneath a water table in soils and rocks, or in geological formations. [Sec 4, RA 9275]. Groundwater vulnerability. Relative ease with which a contaminant located at or near the land surface can migrate to the aquifer or deep well. [Sec 4, RA 9275]. Groundwater vulnerability map. The identified areas of the land surface where groundwater quality is most at risk from human activities and shall reflect the different degrees of groundwater vulnerability based on a range of soil properties and hydro geological criteria to serve as guide in the protection of the groundwater from contamination. [Sec 4, RA 9275]. Group. A number of people or things that are located close together or are considered or classed together. Group character loan. A loan contracted by a member and guaranteed by a group of persons for its repayment. The creditor can collect from any of the members of the group which guaranteed the said loan, without prejudice to the right of reimbursement of the member or members of the group who had advanced the payment in favor of the actual debtor. [Sec. 3, RA 8425]. Group homes. A community-based alternative living arrangement to institutional care. It can be a transit home for a definite period for neglected older persons while the necessary services of locating relatives and care management is ongoing. It envisions responding to the needs of the senior citizens who have been abandoned, have no families to return to or to whose family reunification is not suitable, and are assessed to be needing group living experience. The program enables a minimum of 6 and a maximum of 10 clients discharged from a residential care facility to live together and manage their group living activities with minimal supervision from the agency social worker. [Art. 5, IRR of RA 9994]. Group insurance. Essentially a single insurance contract that provides coverage for many individuals. In its original and most common form, group insurance provides life or health insurance coverage for the employees of one employer. [Pineda v. CA, GR 105562. Sep. 27, 1993]. Group of companies. Corp. Law. [It] refers to, and can cover only, corporation
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that are financially refers to, and can cover only, corporations that are financially rated to one another as parent corporation, subsidiaries and affiliates. When the petition covers a group of companies, all reference under the Rules of Proc. on Corporate Rehab. to "debtor" shall include and apply to the group of companies. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. Group of debtors. [It] shall refer to and can cover only: (1) corporations that are financially related to one another as parent corporations, subsidiaries or affiliates; (2) partnerships that are owned more than 50% by the same person; and (3) single proprietorships that are owned by the same person. When the petition covers a group of debtors, all reference under these rules to debtor shall include and apply to the group of debtors. [Sec. 4, RA 10142]. Grouping of contacts. See Center of gravity doctrine and Most significant relationship theory. GRP. Govt. of the Rep. of the Phils. GSIS. See Government Service Insurance System. Guano. A substance composed chiefly of the dung of sea birds or bats, accumulated along certain coastal areas or in caves and used as fertilizer. Guano permit. The permit granted by the provincial governor to any qualified person to extract and utilize loose unconsolidated guano and other organic fertilizer materials in any portion of a municipality where he has established domicile. The permit shall be for specific caves and/or for confined sites with locations verified by the DENR's field officer in accordance with existing rules and regulations. [Sec. 51, RA 7942]. Guarantee. 1. An expressed or implied assurance of the quality of the consumer products and services offered for sale or length of satisfactory use to be expected from a product or other similar specified assurances. [Art. 4, RA 7394]. 2. The commitment given in writing by a service and repair enterprise undertaking a service or repair work on a particular appliance or equipment, that repair enterprise shall undertake a rework of the previous service and repair without any obligation from the customer. [Sec. 1, PD 1572]. Guarantee agreement. A contract bet. the participating financial institution and OWWA whereby the latter pledges to pay a loan obtained by a migrant worker from the former in the case the worker defaults. [Sec. 30, IRR, RA 8042]. Guaranteed bonds. Corp. Law. Bonds secured or guaranteed by a corporation other than the issuing corporation. Guaranteed shares. Corp. Law. Those guaranteed by a person, natural or juridical, other than the issuing corporations. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Guarantor. 1. The insurer of the solvency of the debtor (who) thus binds himself to pay if the principal is unable to pay. [Machetti v. Hospicio, 43 Phil. 297]. 2. A person who pledges collateral for the contract of another, but separately, as part of an independent contract with the obligee of the original contract. Compare with Surety.
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Guaranty. A promise to answer for the debt, default, or miscarriage of another person. A promise to answer for the payment of some debt or the performance of some obligation, on default of such payment of performance, by a 3rd person who is liable or expected to become liable therefor in the 1st instance. [Cacho v. Valles, GR 19493. Aug. 27, 1923]. Guaranty commission agent. An agent who receives on a sale, in addition to the ordinary commission, another called a guarantee commission, in which case he shall bear the risk of collection and shall pay the principal the proceeds of the sale on the same terms agreed upon with the purchaser. [Art. 1907, CC]. Guaranty contract. 1. A contract by which a person, called the guarantor, binds himself to the creditor to fulfill the obligation of the principal debtor, in case the latter should fail to do so. [Art. 2047, CC]. 2. A collateral undertaking to pay the debt of another in case the latter does not pay the debt. [Zobel v. CA, GR 113931. May 6, 1998]. See Suretyship contract. Guardian. 1. A person appointed to be a protector of the interests of a minor or other incapacitated person. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. An individual who, by legal appointment or by the effect of a written law, is given custody of both the property and the person of one who is unable to manage his own affairs, such as a child or mentally-disabled person. 3. Envisioned in Sec. 31(c) of RA 7610 [as] a person who has a legal relationship with a ward. [People v. Delantar, GR 169143, 2 Feb. 2007]. Guardian ad litem. See also Ad litem. 1. A guardian appointed by a court for the purpose of assisting a minor or other incapacitated person in a suit. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. A person appointed by the court to protect the best interest of the child. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. 3. A guardian appointed to assist an infant or other mentally incapable defendant or plaintiff, or any such incapacitated person that may be a party in a legal action. Guardianship. 1. A trust relation in which one person acts for another whom the law regards as incapable of managing his own affairs. [Bench Book for Trial Court Judges, p. 3-2]. 2. Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself. Guidance and counseling. A profession that involves the use of an integrated approach to the development of a wellfunctioning individual primarily by helping him/her potentials to the fullest and plan him/her to utilize his/her potentials to the fullest and plan his/her future in accordance with his/her abilities, interests and needs. It includes functions such as counseling subjects, particularly subjects given in the licensure examinations, and other human development services. [Sec. 3, RA 9258]. Guidance counselor. A natural person who has been registered and issued a valid Certificate of Registration and a valid Professional Identification Card by the Professional Regulatory Board of Guidance and Counseling and the Professional Regulatory Commission (PRC)
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in accordance with RA 9258 and by virtue of specialized training performs for a fee, salary or other forms of compensation, the functions of guidance and counseling under Sec. 3 (a) of said Act. [Sec. 3, RA 9258]. Gun. A weapon consisting of a metal tube from which a projectile is fired at high velocity into a relatively flat trajectory. Gun club. An organization duly registered with and accredited in good standing by the FEO of the PNP which is established for the purpose of propagating responsible and safe gun ownership, proper appreciation and use of firearms by its members, for the purpose of sports and shooting competition, selfdefense and collection purposes. [Sec. 3, RA 10591]. Gun-runner. One that smuggles firearms and ammunition. Gun-running. The illegal trafficking or smuggling of contraband weapons or ammunition. Gunsmith. Any person, legal entity, corporation, partnership or business duly licensed by the FEO of the PNP to engage in the business of repairing firearms and other weapons or constructing or assembling firearms and weapons from finished or manufactured parts thereof on a per order basis and not in commercial quantities or of making minor parts for the purpose of repairing or assembling said firearms or weapons. [Sec. 3, RA 10591]. Guy. A line from the vise of the vessel, enabling the boom, once released from the collar, to swing from side to side. The guys hold the boom in the exact position desired while discharging cargoes. If it is desired to swing the boom to the right, then the guy on the right should be tightened and at the same time easing up the guy to the left.
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-HH-1 visa. A working visa issued by the US government. It is non-immigrant visa. Habeas corpus. Lat. Have the body. 1. A court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful. 2. The name of a writ having for its object to bring a person before a court. Habeas data. Lat. [We command] you have the data. A constitutional right designed to protect, by means of an individual complaint presented to a constitutional court, the image, privacy, honor, information, self-determination and freedom of information of a person. Habeas Data, Writ of. A remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. [The Rule on the Writ of Habeas Data, AM 08-1-16-SC]. Haber ganancial. Sp. Net remainder of the conjugal property after liquidation. [Jose v. Jose, GR L-7397, Dec. 11, 1916]. Habere facias possessionem. Lat. The process commonly resorted to by the successful party in an action of ejectment, for the purpose of being placed by the sheriff in the actual possession of the land recovered. [Arcadio v. Ylagan, Adm. Case 2734. July 30, 1986].
Habit. A settled or regular tendency or practice, esp. one that is hard to give up. Habitable. Suitable to live in. Habitacion adicional. Sp. An additional room or annex. Habitat. Place or environment where species or subspecies naturally occur or has naturally established its population. [Sec. 5, RA 9147]. Habitation. 1. The state or process of living in a particular place. 2. A place in which to live; a house or home. Habitual. 1. Done as a habit. 2. Regular; usual. Habitual delinquency. Also Delito de habito. It is simply a fact or circumstance which, if present in a given case with the other circumstances enumerated in Rule 5 of Art. 62 of the Rev. Penal Code, gives rise to the imposition of the additional penalties therein prescribed. This is all the more true because the law itself clearly provides that the habitual delinquent must be sentenced to the penalty provided by law for his last crime in addition to the additional penalty he deserves. [People v. De Jesus, GR 45198. Oct. 31, 1936]. Also Multirecidivism. Habitual delinquent. 1. Sometimes called a Multi-recidivist. A person who, within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or falsification, is found guilty of any said crimes a 3rd time or oftener. [Almeda v. Villaluz, GR L-31665. Aug. 6, 1975; Art. 62, RPC]. 2. Prop. Mgt. A contractor or supplier who
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fails to abide by or comply with terms and conditions of his contract for 2 or more times within a period of 1 year. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Habitual drunkard. One given to intoxication by excessive use of intoxicating drinks. The habit should be actual and confirmed. It lessens individual resistance to evil thought and undermines will-power making its victim a potential evildoer [People v. Camano, GR L36662-63. July 30, 1982]. Habitual mendicant. One who has been convicted of mendicancy under PD 1563 2 or more times. [Sec. 3, PD 1563]. Habitual neglect. [It] implies repeated failure to perform ones duties for a period of time, depending upon the circumstances. Habituality. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for 2 or more crimes to which it attaches a lighter penalty. [Art. 14, Par. 10, RPC]. See Reiteracion. Habitually absent. An officer or employee who incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credit under the Leave Law for at least 3 months in a semester or at least 3 consecutive months during the year. [Sec. 22(q), Rule XIV, Omnibus Rules Implementing Book V of EO 292]. Habitually tardy. An employee who incurs tardiness, regardless of the number of minutes, 10 times a month for at least 2 months in a semester or at least 2 consecutive months during the year. [Sec. 22(q), Rule XIV, Omnibus Rules Implementing Book V of EO 292]. Hack. 1. Cut with rough or heavy blows. 2. Ride a horse for pleasure or exercise. Hacker. 1. An enthusiastic and skillful computer programmer or user. 2. A person who uses computers to gain unauthorized access to data. Hacking. Short and interrupted. Half ahead. A maritime maneuver equivalent to 12 miles per hour. Half-blood. The relationship bet. people having one parent in common. Half-blood relationship. That existing bet. persons who have the same father, but not the same mother, or the same mother, but not the same father. [Art. 967, CC]. Half-mast. Lowering the flag to the distance bet. the top and bottom of the staff. [Sec. 3, RA 8491]. Hallucination. Legal Med. An erroneous perception without an external object or stimulus. [Olarte, Legal Med., 1st Ed. (2004), p. 146]. Compare with Illusion. Hambog. Tag. The word means not just braggart, but proud or arrogant. [Madrona v. Rosal, GR 39120. Nov. 21, 1991]. Hamlet. A small village. Hamletting. Loosely defined, the forced clustering into a small village of the residents of a sitio or barangay to enable the military to operate effectively within the area or vicinity left by the residents or inhabitants. Hand line. See Handline.
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Handcarry. A piece of luggage that is not checked-in, hence, not given a claim tag. It is under the custody and care of the passenger concerned. Handgun. A firearm intended to be fired from the hand. [Sec. 3, RA 10591]. Handicap. 1. A disadvantage for a given individual, resulting from an impairment or a disability, that limits or prevents the function or activity, that is considered normal given the age and sex of the individual. [Sec. 4, RA 7277]. 2. A disadvantage suffered by a person which makes achievement unusu. difficult because of some physical and/or psychosocial impairment. It also refers to cumulative effect of obstacles which the disadvantage interposes bet. the individual and his maximum functional level. [Sec. 11, PD 1509]. Handicapped workers. Those whose earning capacity is impaired by age or physical or mental deficiency or injury. [Art. 78, LC]. Handicraft. 1. Skill and facility with the hands. 2. A craft or occupation requiring skilled use of the hands. Handicraft establishment. Establishment engaged in an economic endeavor in which the products are primarily done in the home or such other places for profit. See Cottage establishment. Handicrafts and shellcrafts. A trade or activity in which articles are fashioned totally or chiefly by hand with manual or artistic skill, using principally indigenous materials. [Sec. 1, PD 1634]. Handline. A fishing line managed principally by hand. Handline fishing. A traditional fishing method that uses the hook and line, a passive fishing gear with a single vertical line carrying one hook and used by simply dropping the line into the water and waiting for the fish to bite. [Sec. 3, RA 9379]. Handline fishing boat. A fishing boat with or without outrigger and with or without auxiliary small boats on board that exclusively utilizes the handline fishing method. [Sec. 3, RA 9379]. Handline Fishing Law. The. RA 9379 entitled An Act Defining Handline Fishing, Providing Effective Regulations Therefor and for Other Purposes enacted on Mar. 8, 2007. Handwriting. The chirography of a person; the cast or form of writing peculiar to a person, incl. the size, shape, and style of letters, tricks of penmanship, and whatever gives individuality to his writing, distinguishing it from that of other persons. Anything written by hand; an instrument written by hand of a person, or a specimen of his writing. Harass. To irritate or torment persistently. Harassment. Unsolicited words or conduct which tend to annoy, alarm or abuse another person. Harbor. A place on the coast where vessels may find shelter, esp. one protected from rough water by piers, jetties, and other artificial structures. Harbor fee. The amount which the owner, agent, operator or master of a vessel has to pay for each entrance into or departure from a port of entry in the Phils. [Sec. 2701, RA 1937].
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Harbor line. The limiting line beyond which no piers, wharves, bulkheads or other works shall be extended or any deposits made. [Sec. 3, RA 4663]. Hard surfactants. Surfactants with low biodegradability rate incl. chemicals such as hard or branded alkyl benzene, hard or branched alkyl benzene surfactants, hard or branded dodecyl benzene sulfonates, branched dodecyl benzene, their sodium or potassium salts and other technical names referring to the same chemical compound. [Sec. 2, RA 8970]. Harmless error. 1. Any error in either the admission or the exclusion of evidence and any error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties which is not deemed to be a ground for granting a new trial or for setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. Any error or defect which does not affect the substantial rights of the parties and which the court at every stage of the proceeding must disregard. [Sec. 6, Rule 51, RoC]. 2. An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal. See English Exchequer Rule. Harvest. 1. N. The process or period of gathering in crops. 2. V. To gather a crop as a harvest. Harvested material. Any part of a plant with potential economic value or any product made directly therefrom in proper case. [Sec 3, RA 9168]. Harvesting. The gathering of the crops. Synonymous with reaping. Haul. 1. V. To pull or drag with effort or force. 2. N. An amount of something gained or acquired. Hauler. Any person, whether natural or juridical, engaged in the transport, distribution, hauling, and carriage of petroleum products, whether in bulk or packed form, from the oil companies and independent marketers to the petroleum dealers and other consumers. [Sec. 4, RA 8479]. Hazard. A dangerous phenomenon, substance, human activity or condition that may cause loss of life, injury or other health impacts, property damage, loss of livelihood and services, social and economic disruption, or environmental damage. [Sec. 3, RA 10121]. Hazardous. Risky; dangerous. Hazardous operation or process. Any act of manufacturing, fabrication, conversion, etc., that uses or produces materials which are likely to cause fires or explosions. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Hazardous substances. Elements or compounds which when discharged in any quantity present imminent or substantial danger to public health and welfare. [Sec. 62, PD 1152]. Hazardous waste. Any waste or combination of wastes of solid liquid, contained gaseous, or semi-solid form which cause, of contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, taking into account toxicity of such waste, its persistence and degradability
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in nature, its potential for accumulation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or organism. [Sec 4, RA 9275]. HDMF. See Home Develoment Mutual Fund. HDO. See Hold Departure Order. Head of the family. 1. Any person so defined in the NIRC, as amended. [Sec. 2, RA 9257]. 2. An unmarried or legally separated man or woman with one or both parents, or with one or more brothers or sisters, or with one or more legitimate, recognized natural or legally adopted children living with and dependent upon him for their chief support, where such brothers or sisters or children are not more than 21 years of age, unmarried and not gainfully employed or where such children, brothers or sisters, regardless of age are incapable of selfsupport because of mental or physical defect. [Sec. 35, NIRC, as amended]. Heading. Also Headline or headnote. A part of the statute of limiting and defining the sections to which it refers and should be given effect acc. to its import as though it was in the body of the act. Headworks. The composite parts of the irrigation system that divert water from natural bodies of water such as rivers, streams, and lakes. [Sec. 4, RA 8435]. Health. 1. A state of optimal physical, mental and social well-being and the ability to function at the individual level. [Sec. 3, RA 10532]. 2. The level of functional or metabolic efficiency of a living being. In humans, it is the general condition of a person's mind and body, usu. meaning to be free from illness, injury or pain. Health care. Social insurance for the ill and injured. Health care provider. It refers to: (a) a health care institution , which is duly licensed and accredited devoted primarily to the maintenance and operation of facilities for health promotion, prevention, diagnosis, injury, disability, or deformity, drug addiction or in need of obstetrical or other medical and nursing care. It shall also be construed as any institution, building, or place where there are installed beds, cribs, or bassinets for 24hour use or longer by patients in the treatment of diseases, injuries, deformities, or abnormal physical and mental states, maternity cases or sanitarial care; or infirmaries, nurseries, dispensaries, rehabilitation centers and such other similar names by which they may be designated; or (b) a health care professional, who is any doctor of medicine, nurse, midwife, dentist, or other health care professional or practitioner duly licensed to practice in the Phils. and accredited by the Phil. Health Ins. Corp. (PHIC); or (c) a health maintenance organization, which is entity that provides, offers, or arranges for coverage of designated health services needed by plan members for a fixed prepaid premium; or (d) a community-based health organization, which is an association of indigenous members of the community organized for the purpose of improving the health status of that community through preventive, promotive and curative health services. [Sec. 1, RA 9241]. Health care system. Governmental, nongovernmental or private institutions or
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organizations engaged, directly or indirectly, in health care for mothers, infants and pregnant women; and nurseries or child care institutions. It also includes health workers in private practice. X x x the health care system does not include pharmacies or other established sales outlets. [Sec.4, EO 51, Oct. 20, 1986]. Health institutions. Hospitals, health infirmaries, health centers, lying-in centers, or puericulture centers with obstetrical and pediatric services. [Sec. 3, RA 10028; Sec. 4, RA 9288; Sec. 3, RA 7600]. Health insurance identification (ID) card. The document issued by the Phil. Health Ins. Corp. to members and dependents upon their enrollment to serve as the instrument for proper identification, eligibility verification, and utilization recording. [Sec. 1, RA 9241]. Health personnel. Professionals and workers who manage and/or administer the entire operations of health institutions and/or who are involved in providing maternal and child health services. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Health products. Food, drugs, cosmetics, devices, biologicals, vaccines, in-vitro diagnostic reagents and household or urban hazardous substances and/or a combination of and/or a derivative thereof. It shall also refer to products that may have an effect on health which require regulations as determined by the FDA. [Sec. 9, RA 9711]. Health Research and Development Act of 1998. RA 8503 entitled An Act providing for the promotion of health research and development, establishing for the purpose the National Institutes of Health (NIH), defining its objectives, powers and functions, and for other purposes enacted on Feb. 13, 1998. Health Research Stakeholders. The national and the local public and private agencies/organizations, policymakers, the academe, medical and health societies, peoples organizations and others who are concerned with and affected by health and development. [Sec. 3, RA 10532]. Health Technology Assessment. Health Ins. A field of science that investigates the value of a health technology such as procedure, process, products, or devices, specifically on their quality, relative cost-effectiveness and safety. It usu. involves the science of epidemiology and economics. It has implications on policy, decision to adopt and invest in these technologies, or in health benefit coverage. [Sec. 3, RA 10606]. Health worker. A person working in a component of such health care system, whether professional or nonprofessional, incl. volunteer workers. [Sec.4, EO 51, Oct. 20, 1986]. Health workers. All persons who are engaged in health and health-related work, and all persons employed in all hospitals, sanitaria, health infirmaries, health centers, rural health units, barangay health stations, clinics and other healthrelated establishments, whether government or private, and shall include medical, allied health professional, administrative and support personnel employed regardless of their employment status. [Sec. 3, RA 10028]. Healthcare practitioner. Physicians, nurses, midwives, nursing aides and
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traditional birth attendants. [Sec. 4, RA 9288]. Health-related device. Any device not used in health care but has been determined by the FDA to adversely affect the health of the people. [Sec. 9, RA 9711]. Healthy residual. A sound or slightly injured tree of the commercial species left after logging. [Sec. 3, PD 705]. Hearing. 1. A formal proceeding [generally less formal than a trial] with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies. 2. [It] means that a party should be given a chance to adduce his evidence to support his side of the case and that the evidence should be taken into account in the adjudication of the controversy. [Gonzales v. Comelec, GR 52789, 19 Dec. 1980]. Hearing de novo. A full new hearing. Also De novo hearing. Hearing officers. Officers appointed or designated in the DOLE-Regional Office and authorized to hear and decide cases under Sec. 2 of RA 6715 and whose decision is appealable to the NLRC. [Sec. 1, Rule 1, Book 5, IRR of LC]. Hearing, Right to a. The right of the party interested or affected to present his own case and submit evidence in support thereof. Not only must the party be given an opportunity to present his case and to adduce evidence tending to establish the rights which he asserts but the tribunal must consider the evidence presented. [Ang Tibay v. CIR, GR 46496. Feb. 27, 1940]. Hearsay. 1. Unverified information heard or received from another; rumor. 2. Evidence based on the reports of others rather than the personal knowledge of a witness and therefore generally not admissible as testimony. Hearsay evidence. 1. Any evidence, whether oral or documentary, the probative value of which is not based on the personal knowledge of the witness but on the knowledge of some other person not on the witness stand. [Sec. 36, Rule 13, RoC]. 2. Evidence not of what the witness knows himself but of what he has heard from others. [People v. Manhuyod, GR 124676. May 20, 1998]. 3. Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usu. not admissible as evidence in court. Compare with Nonhearsay. Heart failure. Acute cardio-respiratory failure. [De Clemente v. Workmen's Compensation Commission, GR L42087. Apr. 8, 1988]. Heavy durable. Any durable item not portable or too large to be shipped as accompanied personal item in the course of travel. [Customs AO 3-95, Dec. 6, 1995]. Heinous. 1. Grievous, odious and hateful. [People v. Buyok, GR 109771. Aug. 25, 1994]. 2. The etymological root of the word was traced to the Early Spartans' word, "haineus", meaning, hateful and abominable, which, in turn, was from the Greek prefix "haton", denoting acts so hatefully or shockingly evil. [Justice Kapunans dissenting opinion, People v. Alicando, 251 SCRA 293 (1995)].
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Heinous crimes. Crim. Law. 1. Grievous, odious and hateful offenses which, by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society. [RA 7659]. 2. A grave felony as defined in the Rev. Penal Code, or an offense punishable under special law, committed in a manner that is revolting or shocking to the common sensibilities of man, whether deliberately sought or not, such as those attended by cruelty, ignominy, treachery, and similar circumstances. [Sec. 4, EO 3 (1992)]. Heir. A person called to the succession either by the provision of a will or by operation of law. [Art. 782, CC]. Heir apparent. A person who is 1st in line of succession and cannot be displaced from inheriting, except by death or a change in the rules of succession. Heir presumptive. Someone who is 1st in line to inherit a title but whose claim can be displaced at any time [in legal terms, is "subject to divestiture"] upon the occurrence of one or more events or sets of events for which the system of inheritance allows, such as the birth of a more eligible heir. Heiress. A female heir, esp. to vast wealth. Heirloom. A valuable object that has belonged to a family for several generations. Help. In its ordinary connotation, to assist. Hematoma. A swelling containing clotted blood, usu. caused by direct violence. Hepatoma. A cancer of the cells of the liver. See Liver cancer. Herbal. Relating to or made from herbs, esp. those used in cooking and medicine. Herbal medicines. Finished, labeled, medicinal products that contain as active ingredient/s aerial or underground part/s of plant or other materials or combination thereof, whether in the crude state or as plant preparations. Medicines containing plant material(s) combined with chemically-defined active substances, incl. chemically-defined, isolated constituents of plants, are not considered to be herbal medicines. [Sec. 4, RA 8423]. Herbolario. Tag. 1. Herb healer. [People v. Mercado, GR L-30298. Mar. 30, 1971]. 2. Quack doctor. [People v. Malate, GR L-40791. Sep. 11, 1982]. 3. Faith healer. [People v. Oliquino, GR 94703. May 31, 1993]. Herencia futura. Sp. Future inheritance. [Blas v. Santos, GR L-14070. Mar. 29, 1961]. Heritable. Able to be inherited; hereditary; inheritable. Heritable condition. Any condition that can result in mental retardation, physical deformity or death if left undetected and untreated and which is usu. inherited from the genes of either or both biological parents of the newborn. [Sec. 4, RA 9288]. Hermeneutics. The art of interpreting texts. It is used as a technique in critical legal studies. It is the study of the methodological principles of interpretation and explanation. Also Legal hermeneutics.
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Hernandez doctrine. Also called the Doctrine of absorption of common crimes. 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. Herrera-Veloso Law. RA 6715 or the New Labor Relations Law which took effect on Mar. 21, 1989. HGC. See Home Guaranty Corporation. Hidden act. The true agreement bet. the parties. [Villegas v. Rural Bank of Tanjay, Inc., GR 161407, June 5, 2009]. Compare with Ostensible act. Hidden defect. One which is unknown or could not have been known to the vendee. [Knecht v. CA, GR L-65114, Feb. 23, 1988, 158 SCRA 80]. Hidden treasure. Any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. [Art. 439, CC]. Hierarchy. A group arranged acc. to rank or authority. Hierarchy of courts. Rem. Law. An ordained sequence of recourse to courts vested with concurrent jurisdiction, beginning from the lowest, on to the next highest, and ultimately to the highest. This hierarchy is determinative of the venue of appeals, and is likewise determinative of the proper forum for petitions for extraordinary writs. Hierarchy of courts doctrine. Rem. Law. An established policy that parties must observe the hierarchy of courts before they can seek relief directly from th[e Sup.] Court. Therationale for this rule is twofold: (a) it would be an imposition upon the limited time of th[e Sup.] Court; and (b) it would inevitably result in a delay, intended or otherwise, in the adjudication of cases, which in some instances, had to be remanded or referred to the lower court as the proper forum under the rules of procedure, or as better equipped to resolve the issues because th[e Sup.] Court is not a trier of facts. [Heirs of Hinog v. Melicor, GR 140954, 12 Apr. 2005, 455 SCRA 460]. Hierarchy of courts principle. Rem. Law. The principle stating that a higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate lower courts. Hierarchy of evidentiary values. (a) Proof beyond reasonable doubt at the highest level, followed by (b) clear and convincing evidence, (c) preponderance of evidence, and (d) substantial evidence, in that order. [Manalo v. NievesConfesor, GR 102358. Nov. 19, 1992]. High level employee. One whose functions are normally considered policy determining, managerial or one whose duties are highly confidential in nature. [Arizala v. CA, GR 43633-34. Sep. 14, 1990]. High seas. Intl. Law. 1. They are also treated as res communes or res nullius, and thus, are not territory of any particu-
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lar state. The traditional view is freedom of the high seas - they are open and available, without restriction, to the use of all states for the purpose of navigation, flight over them, laying submarine cables and pipes, fishing, research, mining, etc. [Sandoval, Pol. Law Reviewer 2003]. 2. The ocean areas outside the territorial seas and maritime zones of coastal states. They are open to use by all states for peaceful purposes. High-end or Luxury goods. Goods which are not necessary for life maintenance and whose demand is generated in large part by the higher income groups. Luxury goods shall include, but are not limited to products such as; jewelry, branded or designer clothing and footwear, wearing apparel, leisure and sporting goods, electronics and other personal effects. [Sec. 3, RA 8762]. Higher education. 1. Tertiary education or that which grants a degree after its completion. [Review Center Assocs. of the Phils. V. Ermita, GR 180046, Apr. 2, 2009]. 2. Education beyond the secondary level or education provided by a college or university. [Ibid., 1986 ed., p. 1068]. Higher Education Modernization Act of 1997. RA 8292 entitled An Act providing for the uniform composition and powers of the governing boards, the manner of appointment and term of office of the Pres. of chartered state universities and colleges, and for other purposes enacted on June 6, 1997. Highly technical industries. Trade, business, enterprise, industry, or other activity, which is engaged in the application of advanced technology. [Sec. 2, Rule 6, Book 3, IRR of LC]. Highly toxic substance. Any substance which has any of the following effects: (a) produces death within 14 days to or more than of a group of 10 or more laboratory white rats each weighing bet. 200 and 300 grams, at a single dose of 50 milligrams or less per kilogram of body weight, when orally administered; or (b) produces death within 14 days to or more of a group of 10 or more laboratory white rats each weighing bet. 200 and 300 grams, when inhaled continuously for a period of one hour or less at an atmospheric concentration of 200 parts per million by volume or less of gas or vapor or 2 milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner, or (c) produces death within 14 days to or more of a group of 10 or more rabbits, when tested in a dosage of 200 milligrams or less per kilogram of body weight, or when administered through continuous contact with the bare skin for 24 hours or less. [Art. 4, RA 7394]. High-risk. Bad: not financially safe or secure. High-risk behavior. A person's frequent involvement in certain activities which increase the risk of transmitting or acquiring HIV. [Sec. 4, RA 8496]. High-value crops (HVC). Crops other than traditional crops which include, but are not limited to: coffee and cacao, fruit crops, root crops , vegetable crops, legumes, pole sitao, spices and condiments, and cutflower and ornamental foliage plants. [Sec. 4, RA 7900].
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High-Value Crops Development Act of 1995. RA 7900 entitled An Act to promote the production, processing, marketing and distribution of high-valued crops, providing funds therefor, and for other purposes enacted on Feb. 23, 1995. Highway robbers. See Brigands. Highway robbery. Informal. The exaction of an exorbitantly high price or fee. Highway robbery or brigandage. The seizure of any person for ransom, extortion or other unlawful purposes or the taking away of property of another by means of violence against or intimidation of persons nor force upon things or other unlawful means, committed by any person on any Phil. Highway. [Sec. 2, PD 532]. Hijack. 1. To stop and rob a vehicle in transit. 2. To steal goods from a vehicle in transit. 3. To seize control of a moving vehicle by use of force, esp. in order to reach an alternate destination. Hijacker. A person who compels a change in the course or destination of an aircraft of Phil. registry, or to seize or usurp the control thereof, while it is in flight (from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation), or compels an aircraft of foreign registry to land in Phil. territory or to seize or usurp the control thereof while it is within the said territory. [Sec. 1, RA 6235]. Hijacking. Also Aircraft piracy. The offense committed by any person who shall compel a change in the course or destination of an aircraft of Phil. registry, or to seize or usurp the control thereof, while it is in flight (from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation), or shall compel an aircraft of foreign registry to land in Phil. territory or to seize or usurp the control thereof while it is within the said territory. [Sec. 1, RA 6235]. Hijo de puta. Sp. Son of a whore. [US v. Gil, GR 4704. Apr. 26, 1909]. Hiligaynon. An Austronesian language of the Hiligaynon people (those inhabiting Panay and part of Negros, Phils.) related but not mutually intelligible with Cebuano and frequently considered a dialect of Bisayan. [Bofill v. CA, GR 107930. Oct. 7, 1994, 1986 Ed., p. 1069]. Hilot. Tag. An unlicensed midwife. [People v. Sendon, GR 101579-82. Dec. 15, 1993]. Hipag. Tag. Sister-in-law. Sometimes loosely used to refer to a (female) cousin-in-law. Compare with Bilas and Bayaw. Hire. 1. To engage the services of [a person] for a fee; employ: 2. To engage the temporary use of for a fee; rent. Hire and fire. Labor. The right of an employer to dismiss an employee, when the employment is without a definite period, at any time, with or without cause, provided that, if the dismissal is without cause, the employer gives the employee the necessary notice or termination pay. Hiring. Labor. 1. Employing someone for wages. 2. Employing for a short time to do a particular job.
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Hiring agreement. Labor. An agreement whereby the employer is obliged to hire only those union members in hiring agreement. However, it does not necessarily mean that union members should maintain their membership as a condition sine qua non for employment. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157]. Hiring hall arrangement. Labor. An arrangement where the employer requisitions new employees directly from the union business agent. [Poquiz, Labor Rel. Law, 1999 Ed. p. 156]. Historic bays. Intl. Law. Bays whose waters are considered internal but which should not have that character were it not for the existence of a historic title. Examples are the Bay of Cancale in France, the Bay of El-Arab in Egypt, and Hudson Bay in Canada. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 62]. Historical site. Any place, province, city, town and/or any location and structure which has played a significant and important role in the history of our country and nation. Such significance and importance may be cultural, political, sociological or historical. [Sec. 3, RA 4846]. HIV. Human Immuno-deficiency Virus. HIV or AIDS monitoring. The documentation and analysis of the number of HIV or AIDS infections and the pattern of its spread. [Sec. 4, RA 8496]. HIV or AIDS prevention and control. Measures aimed at protecting noninfected from contracting HIV and minimizing the impact of the condition of persons living with HIV. [Sec. 4, RA 8496]. HIV or Human Immuno-deficiency Virus. An infection by one of 2 viruses that progressively destroys white blood cells called lymphocytes, causing Acquired Immune Deficiency Syndrome (AIDS) and other diseases that result from the impaired immunity. [Escarcha v. Leonis Navigation Co., Inc., GR 182740, July 5, 2010]. Compare with AIDS. HIV testing. Any laboratory procedure done on an individual to determine the presence or absence of HIV infection. [Sec. 3, RA 8504]. HIV transmission. The transfer of HIV from one infected person to an uninfected individual, most commonly through sexual intercourse, blood transfusion, sharing of intravenous needles and during pregnancy. [Sec. 3, RA 8504]. HIV-negative. The absence of HIV or HIV antibodies upon HIV testing. [Sec. 3, RA 8504]. HIV-positive. The presence of HIV infection as documented by the presence of HIV or HIV antibodies in the sample being tested. [Sec. 3, RA 8504]. HLURB. See Housing and Land Use Regulatory Board. Hoard. 1. A hidden fund or supply stored for future use; a cache. 2. To gather or accumulate a hoard. Hoarding. The undue accumulation of a trader of petroleum and/or products beyond his or its normal inventory levels, and/or unjustified refusal to dispose of, sell or distribute the same to consumers; or the unreasonable accumulation by a
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person other than a trader of petroleum and/or petroleum products. [Sec. 2, PD 1865; Sec. 3, BP 33]. Hoax. Something done for deception or mockery, or trick played off in sport; a practical joke. Hoc quidem per quam durum est sed ita lex scripta est. Lat. The law may be exceedingly hard, but so the law is written. [People v. Palermo, GR 120630, June 28, 2001]. Hodge-podge legislation. Also Logrolling legislation. A mischievous legislative practice of embracing in one bill several distinct matters, none of which, perhaps, could singly obtain the assent of the legislator, and then procuring its passage by a combination of the minorities in favor of each of the measure into a majority that will adopt them all. The object of such kind of legislation is to unite the legislators who favor any one of the subjects in support of the whole act. [Suarez, Stat. Con., (1993), p. 44]. Compare with One-subject, one-title rule. Hoist. The part of the flag nearest the staff or the canvass to which the halyard is attached. [Sec. 3, RA 8491]. Hold Departure Order (HDO). An order issued by a competent authority, preventing the departure of an individual for a lawful cause. It is intended to bind or obligate, to restrain or constrain, to keep in custody or under obligation, a person for his/her acts committed within the Phils. [It is] implemented by the Commissioner of Immigration, pursuant to an order issued by the Pres., the Sec. of Justice or the RTCs, commanding him/her to prevent the departure for abroad of Filipinos or aliens named in the order. Compare with Allow Departure Order. Holder. Nego. Inst. 1. The payee or indorsee of a bill or note who is in possession of it, or the bearer thereof. [Sec. 191, NIL]. 2. A person who acquires an instrument by negotiation. Holder for value. Nego. Inst. 1. One who must meet all the requirements of a holder in due course under Sec. 52 of the Nego. Inst. Law except notice of want of consideration. [Agbayani, Comm. Laws of the Phil., 1964, p. 208]. 2. If he does not qualify as a holder in due course, then he holds the instrument subject to the same defenses as if it were non-negotiable. [Sec. 26, NIL]. Holder in bad faith. Nego. Inst. A person who acquires an instrument knowing that it was not properly negotiated to him. Holder in due course. Nego. Inst. 1. A holder who has taken the instrument under the following conditions: (a) that it is complete and regular upon its face; (b) that he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (c) That he took it in good faith and for value; (d) that at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it. [Sec. 52, NIL]. 2. A holder who acquires a negotiable instrument for value, in good faith, and without notice that it is overdue, has been dishonored, or that persons required to pay on it have some valid excuse for not doing so.
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Holder of a receipt. A person who has both actual possession of such receipt and a right of property therein. [Sec. 58, Act 2137]. Holding a director or officer personally liable for corporate obligations. Corp. Law. Requisites: (1) Complainant must allege in the complaint that the director or officer assented to patently unlawful acts of the corporation, or that the officer was guilty of gross negligence or bad faith; and (2) complainant must clearly and convincingly prove such unlawful acts, negligence or bad faith. [Francisco v. Mallen, Jr., GR 173169. Sept. 22, 2010]. Holding corporation or company. 1. A corporation or company which controls another as a subsidiary by the power to elect management. It holds stocks in other companies for purposes of control rather than for mere investment. 2. Corporation or company owned by a parent or parents to supervise and coordinate the operations of subsidiary companies. See Parent corporation. Holding out. Having and keeping in one's grasp: holding the reins tightly. Holding out doctrine. Also known as the Agency by estoppel 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. Holding out theory. The rule under which the principal is bound by the acts of his agent with the apparent authority which he knowingly permits the agent to assume, or which he holds to the agent out to the public as possessing. The question in every case is whether the principal has by his voluntary act placed the agent with business usages and the nature of the particular business, is justified in presuming that such agent has authority to perform the particular act in question. Also Apparent authority, or Doctrine of ostensible agency. Hold-Order. An order to temporarily prevent a person from leaving the country where his departure will prejudice, hamper or otherwise obstruct the task of the PCGG in the enforcement of EOs 1 and 2, because such person is known or suspected to be involved in the properties or transactions covered by said EOs. [Kwong v. PCGG, GR 79484. Dec. 7, 1987, PCGG Rules and Regulations dated 11 Apr. 1986]. Hold-over. 1. A person or thing remaining from a former period. 2. A renter who remains in a property after the expiration of the lease. Hold-over doctrine. Doctrine that provides that an elected official should remain in office until a newly-elected or appointed officer takes the oath of office. Hold-over status. Admin. Law. When a public officer is placed on hold-over status, it means that his term has expired or his services terminated but he should continue holding his office until his successor is appointed or chosen and has qualified. [Blaquera v. CSC, GR 103121. Sep. 10, 1993]. Holdup. The act of forcibly stopping and robbing. Robbery under threat of violence or an armed robbery. An assault on a person for the purpose of robbery.
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Holdupper. A robber, a thief etc. Holistic. Emphasizing the importance of the whole and the interdependence of its parts. Holistic test. The test in determining whether colorable imitation exists which mandates that the entirety of the marks in question must be considered in determining confusing similarity. In determining whether the trademarks are confusingly similar, a comparison of the words is not the only determinant factor. The trademarks in their entirety as they appear in their respective labels or hang tags must also be considered in relation to the goods to which they are attached. The discerning eye of the observer must focus not only on the predominant words but also on the other features appearing in both labels in order that he may draw his conclusion whether one is confusingly similar to the other. [Emerald Garment Mfg. Corp. v. CA, GR 100098. Dec. 29, 1995]. Compare with Dominancy test. Holmes dictum. The reassuring words of Mr. Justice Holmes of the US Sup. Court: "The power to tax is not the power to destroy while this Court sits. [McColloch v. Maryland 4 Wheaton 316]. Compare with Marshall dictum. See Power to tax is not the power to destroy. Holographic. 1. Of or relating to holography or holograms. 2. Of or being a document written wholly in the handwriting of the person whose signature it bears. Holographic will. Succ. 1. A will executed by the testator which must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Phils., and need not be witnessed. [Ajero v. CA, GR 106720. Sep. 15, 1994; Art. 810, CC]. 2. A will written entirely in the testators handwriting and not witnessed. Compare with Notarial will. Holographic will, Probate of. Succ. Issues to be resolved: (a) Whether the instrument submitted is, indeed, the decedent's last will and testament; (b) whether said will was executed in accordance with the formalities prescribed by law; (c) whether the decedent had the necessary testamentary capacity at the time the will was executed; and, (d) whether the execution of the will and its signing were the voluntary acts of the decedents. [Montanano v. Suesa, 14 Phil. 676 (1909)]. Holy Bible. A collection of ancient texts, believed by most Christiians to be ordained by God, our Creator. It contains the ancient Bible of the Hebrews [The Old Testament] which is histories, laws and prophets, as well as the Psalms [worshipful songs] and Proverbs [wise sayings]. In addition, the Holy Bible consists of the New Testament, which holds stories of Jesus, His life, works and records of demonstrations of His divinity; acts of His apostles; letters [epistles] from His apostles to various churches; and a book of prophesy [Revelations]. Holy Qur'an. The Muslim Holy Scripture. [Sulu Islamic Assoc. of Masjid Lambayong v. Malik, AM MTJ-92-691. Sep. 10, 1993]. Home. The place where one lives permanently, esp. as a member of a family or household.
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Home care and medical rehabilitation services. Skilled nursing care, which members get in their homes or clinics for the treatment of an illness or injury that severely affects their activities or daily living. Home care and medical rehabilitation services include hospice or palliative care for people who are terminally ill but does not include custodial and non-skilled personal care. [Sec. 1, RA 9241]. Home consumption value. The price of the same, like or similar articles as bought and sold or offered for sale freely in the usual wholesale quantities in the ordinary course of trade, in the principal markets of the country from where exported on the date of exportation to the Phils. [Sec. 210, Tariff and Customs Code]. Home consumption value or price. The value or price declared in the consular, commercial, trade or sales invoice, certified to as correct under penalties of perjury by the Phil. consul at the port of origin if there is any. [Sec. 1, PD 1358]. Home Development Mutual Fund (HDMF). Also known as the Pag-IBIG Fund. The Fund, popularly known as Pag-IBIG Fund (Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya at Gobyerno) created by virtue of PD 1530 on June 11, 1978 to provide its members with adequate housing through an effective savings scheme by harnessing the 4 sectors of Phil. Society, namely: the financial institutions, the industrial sector, the government, and the Fil. people. It was created to address 2 of the nation's basic concerns: (a) the generation of savings and (b) providing shelter for Filipino workers. Home Guaranty Corporation (HGC). The GOCC mandated by RA 8763 to promote sustainable home ownership by providing risk coverage or Guarantees and tax/fiscal incentives to banks and financial institutions or investors granting housing development loans or credits, and home financing. Home health care service. Health or supportive care provided to the senior citizen patient at home by licensed health care professionals to include, but not limited to, physicians, nurses, midwives, physical therapist and caregivers. [Sec. 3. RA 9994]. Home solicitation sale. Consumer sales or leases which are personally solicited by any person or organization by telephone, person-to-person contact or by written or printed communication other than general advertising or consummated at the buyer's residence or a place of business, at the seller's transient quarters, or away from a seller's regular place of business. [Sec. 4, RA 7394]. Home Study Report. A written report prepared by a social worker containing the necessary information on a prospective parent or family member. [Sec. 3, RA 10165]. Homelot. The contiguous area where the tenant-farmer beneficiary has established his permanent dwelling with the consent of the landowner, incl. the areas utilized for raising vegetables, poultry, pigs and other animals or for engaging in minor home industries. Homeowner. Any of the following: (1) An owner or purchaser of a lot in a subdivision or village; (2) An awardee, usufructuary, or legal occupant of a unit, house
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and/or lot in a govt. socialized or economic housing or relocation project and other urban estates; or (3) An informal settler in the process of being accredited as beneficiary or awardee of ownership rights under the CMP, LTAP, and other similar programs. [Sec. 3, RA 9904]. Homestead. 1. The home, the house and the adjoining land where the head of the family dwells; the home farm; the fixed residence of the head of a family, with the land and buildings surrounding the main house. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 32]. 2. An artificial estate in land, devised to protect the possession and enjoyment of the owner against the claims of his creditors, by withdrawing the property from execution and forced sale, so long as the land is occupied as a home. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 32]. 3. It is intended to give the homesteader every chance to preserve and keep for himself and his family the land that the State had gratuitously granted him as reward for his labor in clearing and cultivating it. [Pascua v. Talens, 80 Phil. 972]. Homestead patent. One issued to: any citizen of the Phils.; over the age of 18 years or the head of a family; who is not the owner of more than 24 hectares of land in the Phils. or has not had the benefit of any gratuitous allotment of more than 24 hectares of land since the occupation of the Phils. by the US. The applicant must show that he has complied with the residence and cultivation requirements of the law; must have resided continuously for at least one year in the municipality where the land is situated; and must have cultivated at least 1/5 of the land applied for. [Rep. v. CA, 406 Phil. 597 (2001)]. Compare with Free patent. Homicidal. Of, relating to, or tending toward murder. Homicidal impulse. Legal Med. An irresistible impulse to kill prompted by an insane delusion either as a necessity of self-defense or avenging for justice, or as to the patient himself thinking that he is the appointed messiah of justice. [Olarte, Legal Med., 1st Ed. (2004), p. 151]. Homicide. Crim. Law. 1. The felony committed by any person who, not falling within the provisions of Art. 246, shall kill another without the attendance of any of the circumstances enumerated in Art. 248 of the Rev. Penal Code. [Art. 249, RPC]. 2. All occasions where one human being, by act or omission, takes away the life of another. Homicide. Crim. Law. Elements: (a) That a person was killed; (b) that the accused killed him without any justifying circumstance; (c) that the accused had the intention to kill, which is presumed; (d) that the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. [People v. Rosales, GR 86390. June 30, 1993]. Homosexuals. Legal Med. Persons whose sexual desire is toward the same sex. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. Honeste vivere. Lat. To live honorably. [In re: Jurado, AM 93-2-037 SC. Apr. 6, 1995]. Honeste vivere, non alterum laedere et jus suum cuique tribuere. Lat. To live
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virtuously, not to injure others and to give everyone his due. [Uypitching v. Quiamco, GR 146322, Dec. 6, 2006]. Honesty. Being trustworthy, loyal, fair, and sincere. Honoraria. Pl. of Honorarium. Payments given for professional services that are rendered nominally without charge. Honorarium. Something given not as a matter of obligation but in appreciation for services rendered. [Santiago v. COA, GR 92284. July 12, 1991]. Honorary. Conferred as an honor, without the usual requirements or functions. Hood. A covering usu. of cloth or leather for the head and neck and sometimes the shoulders that is attached to a garment or worn separately and is made with a loose of close-fitting opening for the face. [People v. Almenario, GR 66420. Apr. 17, 1989, 1971 Ed.]. Compare with Mask. Hooker. A prostitute. Hooking. An arrastre service which requires one person to perform the routinary task of attaching the sling holding the prepared cargo to a hook attached to a cable that would lift such cargo to the vessel. Horizontal exit. Passageway from one building to another or through or around a wall in approximately the same floor level. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Hornbook. A primer of basics. Hornbook law or Black letter law. A fundamental and well-accepted legal principle that does not require any further explanation, since a hornbook is a primer of basics. Hornbook principle. A fundamental and well-accepted legal principle that does not require any further explanation. Hors de combat. A person who: (1) is in the power of an adverse party; (2) has clearly expressed an intention to surrender; or (3) has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is incapable of defending himself: Provided, that in any of these cases, the person form any hostile act and does not attempt to escape. [Sec. 3, RA 9851]. Hose box. A box or cabinet where fire hoses, valves and other equipment are stored and arranged for fire fighting. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Hose reel. A cylindrical device turning on an axis around which a fire hose is wound and connected. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Hospital. 1. A facility devoted primarily to the diagnosis, treatment and care of individuals suffering from illness, disease, injury or deformity, or in need of obstetrical or other medical and nursing care. It shall also be construed as any institution, building or place where there are facilities and personnel for the continued and prolonged care of patients. [Sec. 2, RA 8344]. 2. Place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and care of individuals suffering from illness, disease, injury or deformity, or in need of obstetrical or other medical and nursing care. The term shall also be con-
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strued as any institution, building or place where there are installed beds, or cribs, or bassinets for 24-hour use or longer by patients in the treatment of diseases, diseased-conditions, injuries, deformities, or abnormal physical and mental states, maternity cases, and all institutions such as those for convalescence, senatorial or sanitarial care, infirmities, nurseries, dispensaries and such other names by which they may designated. [Sec. 2, RA 4226]. Hospital detention. The act of detaining patients in hospitals and medical clinics on grounds of nonpayment of hospital bills or medlcal expenses. Hospital Detention Law. RA 9439 entitled An Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medlcal Expenses enacted on Apr. 27, 2007. Hospital-based blood bank. A blood bank which is located within the premises of a hospital and which can perform compatibility testing of blood. [Sec. 3, RA 7719]. Hostel. An establishment that provides cheap food and lodging for a specific group of people, such as students, workers, or travelers. See Hotel. Hostile. Unfriendly; antagonistic. Hostile blockade. This is a naval operation where one country that is at war with another prevent the entry of vessels and/or goods into the port of the other. Compared with a pacific blockade the flotilla of vessels that enforce the blockade may be situated even within the territorial sea of the state that is blockade. Hostile embargo. An instance where the properties, vessels and aircrafts detained are of the state with which the detaining state is in conflict. [Fenwick, Intl. Law, p. 435) Hostile witness. A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand. Hostility. Hostile behavior; unfriendliness or opposition. Hot Meat. The carcass or parts of carcass or food animals which were slaughtered from unregistered / unaccredited meat establishments and have not undergone the required inspection. It also includes undocumented, illegally shipped, and unregistered carcass, parts of carcass and meat products coming from other countries and those that are classified as hot meat by the NMIS. [Sec. 4, RA 9296]. See Double-dead meat. Hot pursuit. 1. Crim Law. A doctrine that provides that the police may enter the premises where they suspect a crime has been committed without a warrant when delay would endanger their lives or the lives of others and lead to the escape of the alleged perpetrator; also sometimes called Fresh pursuit. 2. Intl. Law. The uninterrupted pursuit by a coastal state's warships or military aircraft of a fleeing foreign ship from a coastal state's internal waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zone, or continental shelf onto the high seas for the purpose of arresting it. The pursuit must be discontinued if the fleeing ship enters its own or another state's territorial sea.
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Hot pursuit doctrine. Intl. Law. The doctrine holding that if an offense is committed by a foreign merchant vessel within the territorial waters of the coastal state, its own vessels may pursue the offending vessel into the open sea and upon capture bring it back to its territory for punishment. However, to be lawful, the pursuit must have begun before the offending vessel has left the territorial waters, or the contiguous zone of the coastal state; the pursuit must be continuous and unabated; and it ceases as soon as the ship being pursued enters the territorial sea of its own, or a 3rd state. [Sandoval, Pol. Law Reviewer 2003]. Hotel. 1. A building where transient guests are received and are supplied with and charged for meals, lodging and other services. [Sec. 63, PD 856]. 2. Any house or building or portion thereof in which any person or persons may be regularly harbored or received as transient or guests. A hotel shall be considered as living quarters and shall have the privilege to accept any number of guests and to serve food to the guests therein. [Sec. 1, PD 426]. Compare with Motel. Hotel or Hostel. An establishment whose building, edifice or premises, incl. a completely independent part thereof such as cottages, cabanas, or huts, are used for the regular reception, accommodation or lodging of travelers, tourists, or vacationers, and provides other services incidental thereto for a fee. [Art. 5, IRR of RA 9994]. Hours worked. Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace, and (b) all time during which an employee is suffered or permitted to work. [Art. 84, LC]. House sewer. The pipe line conveying sewage from the house or building to the septic tank or to any point of discharge. [Sec. 71, PD 856]. Househelper. Synonymous to the Domestic servant. Any person, whether male or female, who renders services in and about the employer's home and which services are usu. necessary or desirable for the maintenance and enjoyment thereof, and ministers exclusively to the personal comfort and enjoyment of the employer's family. [Apex Mining Co., Inc. v. NLRC, GR 94951. Apr. 22, 1991]. Household. 1. The immediate members of the family or the occupants of the house that are directly provided services by the domestic worker. [Sec. 4, RA 10361]. 2. A non-seasonal dwelling capable of receiving service safely, incl. apartments and other dwelling combinations. [Sec. 3, PD 269]. Household or Urban hazardous substance. (1) Any substance or mixture of substances intended for individual or limited purposes and which is toxic, corrosive, an irritant, a strong sensitizer, is flammable or combustible, or generates pressure through decomposition, heat or other means, if such substance or mixture of substances may cause substantial injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable ingestion by children, but shall not include agricultural fertilizer, pesticide, and insecticide, and other economic poisons, radioactive substance, or substances intended for use as fuels, coolants, refrigerants and
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the like; (2) Any substance which the FDA finds to be under the categories enumerated in clause (1) of this par.; (3) Any toy or other articles intended for use by children which the FDA may determine to pose an electrical, chemical, physical, or thermal hazard; and (4) This term shall not apply to food, drugs, cosmetics, devices, or to substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house, but such term shall apply to any article which is not in itself an agricultural pesticide but which is a hazardous substance, as construed in Par. (1) of this Sec., by reason of bearing or containing such harmful substances described therein. [Sec. 9, RA 9711]. Housing and Land Use Regulatory Board (HLURB). A natl. govt. agency tasked as the planning, regulatory and quasi-judicial body for land use development and real estate and housing regulation. These roles are done via a triad of strategies namely, policy development, planning and regulation. Housing Loan Condonation Act of 1998. RA 8501 entitled An Act to rescue the national shelter program of the govt. by condoning the penalties on all outstanding or delinquent housing loan accounts with any of the govt. institutions and agencies involved in the national shelter program and by amending PD 1752, as amended enacted on Feb. 13, 1998. HR. See Human Resource Management. HRD. See Human Resources Develoment. HRM. See Human Resource Management. HRVV. See Human Rights Violations Victim. Human capital. The term which is sometimes used synonymously with Human resources, although human capital typically refers to a narrower view; i.e., the knowledge the individuals embody and can contribute to an organization. Human development index (HDI). The measure of how well a country has performed, based on social indicators of people's ability to lead a long and healthy life, to acquire knowledge and skills, and to have access to the resources needed to afford a decent standard of living. This index looks at a minimum of 3 outcomes of development: the state of health [measured by life expectancy at birth], the level of knowledge and skill [measured by a weighted average of adult literacy and enrollment rates], and the level of real income per capita, adjusted for poverty considerations. [Sec. 3, RA 8425]. Human fighting fish. The actual act of coitus or copulation. [People v. Padan, GR L-7295, June 28, 1957]. Human immunodeficiency virus (HIV). The virus which causes AIDS. [Sec. 3, RA 8504]. Human resource management (HRM or HR). The management of an organization's workforce, or human resources. It is responsible for the attraction, selection, training, assessment, and rewarding of employees, while also overseeing organizational leadership and culture,
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and ensuring compliance with employment and labor laws. Human resources. The set of individuals who make up the workforce of an organization, business sector or an economy. Human resources development (HRD). The process by which the actual and potential labor force is made to systematically acquire greater knowledge, skills or capabilities for the nation's sustained economic and social growth. [Sec. 1, Rule 1, Book 2, IRR of LC]. Human rights. 1. The universally accepted traits and attributes of an individual, along with what is generally considered to be his inherent and inalienable rights, encompassing almost all aspects of life. [Simon, Jr. v. CHR, GR 100150. Jan. 5, 1994]. 2. Basic rights intended to protect all people from cruel and inhumane treatment, threats to their lives, and persecution. Human Rights Victims Claims Board. An independent and quasi-judicial body created under RA 10368 mandated, among other functions, to receive, evaluate, process and investigate applications for claims under that Act. Human Rights Victims Reparation and Recognition Act of 2013. RA 10368 entitled An Act providing for reparation and recognition of victims of human rights violations during the marcos regime, documentation of said violations, appropriating funds therefor and for other purposes enacted on Feb. 25, 2013. Human rights violation. Any act or omission committed during the period from Sept. 21, 1972 to Feb. 25, 1986 by persons acting in an official capacity and/or agents of the State, but shall not be limited to the following: (1) Any search, arrest and/or detention without a valid search warrant or warrant of arrest issued by a civilian court of law, incl. any warrantless arrest or detention carried out pursuant to the declaration of Martial Law by former Pres. Ferdinand E. Marcos as well as any arrest., detention or deprivation of liberty carried out during the covered period on the basis of an Arrest, Search and Seizure Order (ASSO), a Presidential Commitment Order {PCO) or a Preventive Detention Action (PDA) and such other similar executive issuances as defined by decrees of former Pres. Ferdinand E. Marcos, or in any manner that the arrest, detention or deprivation, of liberty was effected; (2) The infliction by a person acting in an official capacity and/or an agent of the State of physical injury, torture, killing, or violation of other human rights, of any person exercising civil or political rights, incl. but not limited to the freedom of speech, assembly or organization; and/or the right to petition the government for redress of grievances, even if such violation took place during or in the course of what the authorities at the time deemed an illegal assembly or demonstration: Provided, That torture in any form or under any circumstance shall be considered a human rights violation; (3) Any enforced or involuntary disappearance caused upon a person who was arrested, detained or abducted against ones will or otherwise deprived of ones liberty, as defined in RA 10350, otherwise known as the Anti-Enforced or Involuntary Disappearance Act of 2012; (4) Any force or intimidation causing the involuntary exile of a person from the Phils; (5) Any act of force, intimidation or deceit causing unjust or il-
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legal takeover of a business, confiscation of property, detention of owner/s and or their families, deprivation of livelihood of a person by agents of the State, incl. those caused by Ferdinand E. Marcos, his spouse Imelda R. Marcos, their immediate relatives by consanguinity or affinity, as well as those persons considered as among their close relatives, associates, cronies and subordinates under EO 1, issued on Feb. 28, 1986 by then Pres. Corazon C. Aquino in the exercise of her legislative powers under the Freedom Consti.; (6) Any act or series of acts causing, committing and/or conducting the following: (i) Kidnapping or otherwise exploiting children of persons suspected of committing acts against the Marcos regime; (ii) Committing sexual offenses against human rights victims who are detained and/or in the course of conducting military and/or police operations; and (iii) Other violations and/or abuses similar or analogous to the above, incl. those recognized by international law. [Sec. 3, RA 10368]. Human Rights Violations Victim (HRVV). A person whose human rights were violated by persons acting in an official capacity and/or agents of the State as defined herein. In order to qualify for reparation under RA 10368, the human rights violation must have been committed during the period from Sept. 21, 1972 to Feb. 25, 1986: Provided, however, That victims of human rights violations that were committed 1 month before Sept. 21, 1972 and 1 month after Feb. 25, 1986 shall be entitled to reparation, under RA 10368 if they can establish that the violation was committed: (1) By agents of the State and/or persons acting in an official capacity as defined hereunder; (2) For the purpose of preserving, maintaining, supporting or promoting the said regime; or (3) To conceal abuses during the Marcos regime and/or the effects of Martial Law. [Sec. 3, RA 10368]. Human security. People's "safety from chronic threats and protection from sudden hurtful disruptions in the patterns of daily life. [1994 Human Devt. Report]. Human Security Act of 2007. RA 9372 entitled An Act to Secure the State and Protect Our People from Terrorism enacted on Mar. 6, 2007. Humane procedures. The use of the most scientific methods available as may be determined and approved by the Committee [on Animal Welfare attached to the DA]. [Sec. 6, RA 8485]. Humanitarian. Concerned with or seeking to promote human welfare. Humanitarian doctrine. A principle of tort law which requires an individual to take every action at hand to avoid an accident where peril to another human being is otherwise imminent. See Doctrine of last clear chance. Humanitarian intervention. Intl. Law. Doctrine that allows one or more states to use force to stop another state from mistreating its own nationals when the actions of the state are so brutal and widespread as to shock the conscience of the community of nations. Humanitarian rules. Rules that provide for the protection of noncombatants and disabled or captured combatants.
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Hurto. Sp. Theft. [US v. Montiel, GR L2882. Jan. 2, 1907]. Hurto continuado. Sp. Continuing theft. Husband. A married man considered in relation to his wife. Husbanding agent. The general agent of the owner in relation to the ship, with powers, among others, to engage the vessel for general freight and the usual conditions, and settle for freight and adjust averages with the merchant [CIR v. US Line Co., GR L-16850. May 30, 1962]. Hybrid. A thing made by combining 2 different elements; a mixture. Hybrid systems. Any power or energy generation facility which makes use of 2 or more types of technologies utilizing both conventional and/or renewable fuel sources, such as, but not limited to, integrated solar or wind systems, biomass or fossil fuel systems, hydro or fossil fuel systems, integrated solar or biomass systems, integrated wind or fossil fuel systems, with a minimum of 10 megawatts or 10% of the annual energy output provided by the RE component. [Sec. 4, RA 9513]. Hydrochloride. A compound of hydrochloric acid used with the names of organic bases for convenience in naming salts, and to distinguish it from chloride which is a compound of chlorine with another element or radical. [People v. Angeles, GR 92850. June 15, 1992 (1986), 1108]. Hydroelectric. Generating electricity by conversion of the energy of running water. Hydroelectric power. The electric power produced by utilizing the kinetic energy of falling or running water to turn a turbine generator. [Sec. 4, RA 7156]. Hydroelectric power development or hydropower development. The construction and installation of a hydroelectric power-generating plant and its auxiliary facilities, such as diversion structure, headrace, penstock, substation, transmission, and machine shop, among others. [Sec. 4, RA 9513]. Hydroelectric power resources or hydropower resources. Water resources found technically feasible for development of hydropower projects which include rivers, lakes, waterfalls, irrigation canals, springs, ponds, and other water bodies. [Sec. 4, RA 9513]. Hydroelectric power systems or hydropower systems. Water-based energy systems which produce electricity by utilizing the kinetic energy of falling or running water to turn a turbine generator. [Sec. 4, RA 9513]. Hydroelectricity. Electricity produced by water power. Hydropower development. See Hydroelectric power development. Hydropower resources. See Hydroelectric power resources. Hydropower systems. See Hydroelectric power systems. Hymen. Legal Med. A thin vascular fold of mucous membrane which varies in shape and thickness and presents a central opening which can be stretched sufficiently to admit one examining fin-
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ger without tearing. [Olarte, Legal Med., 1st Ed. (2004), p. 124]. Hypergolic. Igniting spontaneously on mixing with another substance. Hypergolic fuel. A rocket or liquid propellant which consist of combinations of fuels and oxidizers which ignite spontaneously on contact with each other. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Hyperlink. Function of the World Wide Web that allows one Web page to be accessed from another page. When a person viewing a page with hyperlinks on a browser points to a hyperlink with a mouse, the mouse cursor changes from a pointer to a hand. Clicking on the hyperlink, loads the linked page in the browser for viewing. Hypochondria. Abnormal anxiety about one's health. Hypochondriac. A person who has hypochondriasis, a disorder characterized by a preoccupation with body functions and the interpretation of normal body sensations such as sweating or minor abnormalities such as minor aches and pains as portending problems of major medical moment. Hypochondriasis. Legal Med. A psychiatric disorder in which a person reports physical symptoms and is esp. preoccupied with the certainty that these symptoms represent a serious disease. [Olarte, Legal Med., 1st Ed. (2004), p. 126]. Hypothecary. Mar. Ins. The term implies that shipowner can free himself from liability arising from maritime commerce by hypothecating the ship in favor of the claiming parties. To hypothecate means to pledge as a security. Hypothecate. Mar. Ins. To pledge as a security. Hypothetical admission. [The] principle in remedial law [that holds] that when a motion to dismiss is filed, the material allegations of the complaint are deemed to be hypothetically admitted. [Sps. Solidarios v. Alampay, 159 Phil. 149, 153 (1975)]. This admission extends not only to the relevant and material facts well pleaded in the complaint, but also to inferences that may be fairly deduced from them. [Mun. of Hagonoy v. Hon. Dumdum, GR 168289. Mar. 22, 2010]. Hypothetical question. An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation.
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-IIAC. Intermediate Appellate Court. IATA. International Air Transport Association. Ibi quid generaliter conceditur; inest haec exceptio, si non aliquid sit contra jus fasque. Lat. Where anything is granted generally, this exception is implied; that nothing shall be contrary to law and right. [Prov. of Cebu v. IAC, GR 72841. Jan. 29, 1987]. IBP. See Integrated Bar of the Philippines. IBP Chapters. Those chapters of the Integrated Bar of the Phils. located in the different geographical areas of the country as defined in Rule 139-A of the Rules of Court. [Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers, Sec. 4, BM 2012, Feb. 10, 2009]. ICAO. International Civil Aviation Organization. ICCPR. See International Covenant on Civil and Political Rights. ICJ. See International Court of Justice. ID. Identification. Ideal plurality. Also Concurso ideal. This occurs when a single act gives rise to various infractions of law. This is illustrated by the very Art. under consideration: (a) when a single act constitutes 2 or more grave or less grave felonies (described as Delito compuesto or Compound crime); and (b) when an offense is a necessary means for committing another offense (described as Delito
complejo or Complex proper). [Gamboa v. CA, GR L-41054. Nov. 28, 1975]. Idem sonans rule. Elec. Law. An election rule which provides that a name or surname incorrectly written which, when read, has a sound similar to that name or surname of a candidate when correctly written shall be counted in his favor. [Lontoc v. Pineda, GR L-37106. June 30, 1975]. Identification. Evid. Showing of proof that the document being presented is the same one referred to by the witness in his testimony. Identification document. Any document or proof of being a senior citizen which may be used for the availment of benefits and privileges under the RA 9994 and its Rules. It shall be any of the following: a) Senior Citizens' ID Card issued by the Office of Senior Citizens Affairs (OSCA) in the city or municipality where the elderly resides; b) The Phil. passport of the elderly person or senior citizen concerned; and c) Other valid documents that establish the senior citizen or elderly person as a citizen of the Rep. and at least 60 years of age, which shall include but not be limited to the following government-issued identification documents indicating an elderly's birthdate or age: driver's license, voters ID, SSS/GSIS ID, PRC card, postal ID. [Art. 5, IRR of RA 9994]. Identification of documentary evidence. Evid. [This] is done in the course of the trial is accompanied by the marking of the evidence as an exhibit. X x x. The mere fact that a particular document is identified and marked as an exhibit does not mean it will be or has been offered as part of the evidence of the party. The
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party may decide to formally offer it if it believes this will advance its cause, and then again it may decide not to do so at all. Compare with Formal offer of documentary evidence as an exhibit. Identity. Sameness of essential or generic character in different instances. Identity of causes of action. The test of identity of causes of action lies not in the form of an action but on whether the same evidence would support and establish the former and present causes of action. Plaintiffs cannot avoid the application of res judicata by simply varying the form of their action or by adopting a different method in presenting it. [Sps. Torres v. Medina, GR 166730, Mar. 10, 2010]. Identity of offenses. There is identity bet. the 2 offenses when the evidence to support a conviction for one offense would be sufficient to warrant a conviction for the other, or when the 2nd offense is exactly the same as the 1st, or when the 2nd offense is an attempt to commit or a frustration of, or when it necessarily includes or is necessarily included in, the offense charged in the 1st information. [Teehankee, Jr. v. Madayag, GR 103102. Mar. 6, 1992]. Identity of parties. This requirement is satisfied if the 2 actions are substantially bet. the same parties which means that the parties in both cases need not be physically identical provided that there is privity bet. the parties or their successors in interest by title subsequent to the commencement of the previous cause of action, litigating for the same thing, title, or capacity. [Santos v. Gabriel, 45 SCRA 288; 295 (1972)]. Identity of subject matter. [There is identity of subject matter where] a previous judgment operates as a bar to a subsequent one [as] when it had touched on [a] matter already decided, or if the parties are in effect litigating for the same thing. [Sps. Antonio v. Vda. De Monje, GR 149624, Sep. 29, 2010]. Idle. Not active or in use. Idle land. Also Abandoned land. 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 RA 6657, but does not include land that has become permanently or regularly devoted to non-agricultural purposes. It does not include land which has become unproductive by reason of force majeure or any other fortuitous event, provided that prior to such event, such land was previously used for agricultural or other economic purpose. [Sec. 3, RA 6657]. Idle lands. 1. Non-agricultural lands urban and urbanized areas on which no improvements, as herein defined, have been made by the owner, as certified by the city, municipal or provincial assessor. [Sec. 3, RA 7279]. 2. Lands not devoted directly to any crop or to any definite economic purpose for at least one year prior to the notice of expropriation except for reasons other than force majeure or any other fortuitous event but used to be devoted or is suitable to such crop or is contiguous to land devoted directly to any crop and does not include land devoted permanently or regularly to other essential and more
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productive purpose. [Sec. 166, RA 3844]. IFOAM. International Federation of Organic Agricultural Movement. Ignominy. Crim. Law. An aggravating circumstance under Art. 14 (17) of the Rev. Penal Code pertaining to the moral order which adds disgrace and obloquy to the material injury caused by a crime. [US v. Abaigar, 2 Phil. 417 (1903)]. Ignorance. The want or absence of knowledge. Ignorance of fact. Want of knowledge of some fact or facts constituting or relating to the subject matter at hand. Ignorance of the law. Want of knowledge or acquaintance with the laws of the land insofar as they apply to the act, relation, duty, or matter under consideration. Ignorant. Unaware or uninformed. Ignorantia facti excusat, ignorantia juris non excusat. Lat. Ignorance of fact excuses, ignorance of the law does not excuse. Ignorantia juris quod quisque scire tenetur non excusat. Lat. Ignorance of the law excuses no one. [Aurillo v. Francisco, 235 SCRA 283, 289, Aug. 12, 1994]. Ignorantia legis neminem excusat. Lat. Ignorance of the law excuses no one from compliance therewith. [Art. 3, CC]. Ihram. The state of ritual consecration of a person while on pilgrimage to Mecca. [Art. 7, PD 1083]. Illegal assemblies. Crim. Law. The felony committed by the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the REV. PENAL CODE, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents. [Art. 146, RPC, as reinstated by EO 187]. Illegal associations. Crim. Law. The felony committed by the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under the Rev. Penal Code or for some purpose contrary to public morals. [Art. 147, RPC, as reinstated by EO 187]. Illegal betting on horse race. Crim. Law. The felony committed by any person who, except during the period allowed by law, shall be on horse races, or by any person who, under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom. [Art. 198, RPC]. Illegal cockfighting. Crim. Law. The felony committed by: 1. any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or who organizes cockfights at which bets are made, on a day other than those permitted by law; or 2. any person who directly or indirectly participates in cockfights, at a place other than a licensed cockpit. [Art. 199, RPC]. Illegal detainer. It consists in withholding by a person from another of the possession of a land or building to which the
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latter is entitled after the expiration or termination of the former's right to hold possession by virtue of a contract, express or implied. [De Leon v. CA, GR 96107. June 19, 1995]. Also known as Unlawful detainer. Illegal detention. Elements, as defined in Art. 267 of the Rev. Penal Code: (a) That the offender is a private individual; (b) that he kidnaps or detains another, or in any other manner deprives the latter of his liberty; (c) that the act of detention or kidnapping must be illegal; and (d) in the commission of the offense, any of the following circumstances is present: (1) that the kidnapping or detention last for more than 5 days; or (2) that it is committed simulating public authority; or (3) that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (4) that the person kidnapped or detained is a minor, female, or a public officer. [People v. Mercado, GR L-65152. Aug. 30, 1984]. Illegal detention. The deprivation by a private person of the liberty of another without any legal ground. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 323]. Compare with Arbitrary detention. Illegal fishing. The act of catching, taking or gathering, or causing to be caught, taken or gathered fish or fishery or aquatic products in Phil. waters with the use of explosives, obnoxious or poisonous substance, or by the use of electricity. [Sec. 33, PD 704, as amended by PD 1058]. Illegal numbers game. Any form illegal gambling activity which uses numbers or combinations thereof as factors in giving out jackpots. [Sec. 2, RA 9287]. Illegal occupation of national parks system and recreation areas and vandalism therein. The offense committerd by any person who shall, without permit, occupy for any length of time any portion of the national parks system or shall, in any manner, cut, destroy, damage or remove timber or any species of vegetation or forest cover and other natural resources found therein, or shall mutilate, deface or destroy objects of natural beauty or of scenic value within areas in the national parks system. [Sec. 71, PD 705]. Illegal possession and use of false treasury or bank notes and other instruments of credit. Crim. Law. The felony committed by any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this Sec. 2, Chap. 1, Title 4 of the Rev. Penal Code, shall suffer the penalty next lower in degree than that prescribed in said Arts. [Art. 168, RPC]. Illegal possession and use of false treasury or bank notes and other instruments of credit. Crim. Law. Elements: (a) Possession with guilty knowledge that the checks were falsified (animus possidendi); and (b) fraudulent intent to use or utter the same. [Reyes v. CA, GR 36391-92. Mar. 9, 1989]. Illegal possession of dangerous drugs. Crim. Law. Elements: (1) that the accused is in possession of the object identified as a prohibited or regulatory drug; (2) that such possession is not authorized by law; and (3) that the accused freely and consciously possessed
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the said drug. [People v. Del Norte, GR 149462, Mar. 29, 2004]. Illegal possession of firearms. Crim. Law. Elements: (a) the existence of the subject firearm and (b) the fact that the accused who owned or possessed it does not have the corresponding license or permit to possess the same. [People v. Solayao, GR 119220, Sep. 20, 1996]. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. Crim. Law. The felony committed by any person who, not being authorized by law, shall possess any opium pipe or other paraphernalia for smoking, injecting, administering or using opium or any prohibited drug. [Art. 193, RPC]. Illegal possession of regulated or prohibited drugs. Crim. Law. Elements: (1) the accused is in possession of an item or object, which is identified to be a prohibited or regulated drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the drug. [People v. Quiamanlon, GR 191198, Jan. 26, 2011]. Illegal recruitment. Labor. 1. Any recruitment activities, incl. the prohibited practices enumerated under Art. 34 of the Labor Code, to be undertaken by non-licensees or non-holders of authority. [Art. 38, LC]. 2. [The crime] committed by persons who, without authority from the government, give the impression that they have the power to send workers abroad for employment purposes. [People v. Gallo, GR 185277, Mar. 18, 2010]. Illegal recruitment. Labor. Elements: (a) The person charged with the crime must have undertaken recruitment activities (or any of the activities enumerated in Art. 34 of the Labor Code, as amended); and (b) said person does not have a license or authority to do so. [People v. Cabacang, GR 113917. July 17, 1995]. Illegal recruitment by a syndicate. Labor. Recruitment unlawfully carried out by a group of 3 or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the Labor Code. [People v. Taguba, GR 95207-17. Jan. 10, 1994]. Illegal recruitment in large scale. Labor. Recruitment unlawfully committed against 3 or more persons individually or as a group. [People v. Taguba, GR 95207-17. Jan. 10, 1994]. Illegal recruitment in large scale. Labor. Elements: (a) That the offender engages in the recruitment and placement of workers as defined in Art. 13(b) of the Labor Code or in any prohibited activities under Art. 34 of the same Code; (b) that the offender does not have a license or authority to recruit and deploy workers, either locally or overseas; and (c) that the offender commits the same against 3 or more persons, individually or as a group. [People v. Bautista, GR 113547, Feb. 9, 1995; People v. Coronacion, GR 97845, Sep. 29, 1994]. Illegal sale of dangerous drugs. Crim. Law. 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
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v. Zervoulakos, GR 103975. Feb. 23, 1995]. Illegal sale of drug. Crim. Law. A crime committed as soon as the sale transaction is consummated, whether payment precedes or follows delivery of the drug sold. [People v. Ponsica, GR 108176. Feb. 14, 1994]. Illegal sale of drugs. Crim. Law. Elements necessary for its prosecution: (1) The identities of the buyer and the seller, the object, and consideration; and (2) the delivery of the thing sold and the payment therefor. [People v. Adam, 459 Phil. 676, 684 (2003)]. Illegal sale of marijuana. Crim. Law. Elements: (a) the 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. Esguerra, 221 SCRA 261 (1993); People v. Rumeral, 200 SCRA 194 (1991)]. Illegal sale of prohibited drugs. Crim. Law. Essential elements: (1) The accused sold and delivered a prohibited drug to another; and (2) he knew that what he had sold and delivered was a prohibited drug. [People v. Pendatun, GR 148822, July 12, 2004]. Illegal trading in petroleum and/or petroleum products. The sale or distribution of petroleum products for profit without license or authority from the Govt.; non-issuance of receipts by licensed traders; misrepresentation as to quality and/or quantity; and sale by oil companies, distributors and/or dealers violative of govt. rules and regulations. [Sec. 3, BP 33]. Illegal trafficking. The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical. [Sec 3, RA 9165]. Illegal use of public funds or property. Crim. Law. The felony committed by any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance. [Art. 220, RPC]. Illegal use of uniforms or insignia. Crim. Law. The felony committed by any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member. [Art. 179, RPC]. Illegaly obtained evidence. Evidence obtained by the police through circumstances in which the police or a police agent violated a persons right against unreasonable search and seizure. Illegally slaughtered meat. Hot meat; botcha. Illegitimate. 1. Against the law; illegal. 2. Born out of wedlock. Illegitimate children. 1. Children conceived and born outside a valid marriage, unless otherwise provided in the Family Code. [Art. 165, FC]. 2. Children born of void marriages under Arts. 35, 37 and 38 of the Family Code. [Jurado, Civ. Law Reviewer, 19th Ed. (1999), p. 197]. Compare with Legitimate children.
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Ill-gotten. Acquired through or as a result of improper or illegal use of or the conversion of funds belonging to the Govt. or any of its branches, instrumentalities, enterprises, banks or financial institutions, or by taking undue advantage of official position, authority, relationship, connection or influence, resulting in unjust enrichment of the ostensible owner and grave damage and prejudice to the State. [Bataan Shipyard Engg. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Ill-gotten property. Property acquired through or as a result of improper or illegal use of or the conversion of funds belonging to the Govt. or any of its branches, instrumentalities, enterprises, banks or financial institutions, or by taking undue advantage of official position, authority, relationship, connection or influence, resulting in unjust enrichment of the ostensible owner and grave damage and prejudice to the State. [Bataan Shipyard Engg. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Ill-gotten wealth. 1. Any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: (a) through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; (b) by receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any govt. contract or project or by reason of the office or position of the public officer concerned; (c) by the illegal or fraudulent conveyance or disposition of assets belonging to the Natl. Govt. or any of its subdivisions, agencies or instrumentalities or GOCCs and their subsidiaries; (d) by obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation incl. promise of future employment in any business enterprise or undertaking; (e) by establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or (f) by taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Fil. people and the Rep. of the Phils. [Sec. 1, RA 7080]. 2. [The assets or properties] acquired by [former Pres. Ferdinand Marcos and/or his wife, Imelda Romualdez Marcos, their close relatives, subordinates, business associates, dummies, agents, or nominees] through or as a result of improper or illegal use of or the conversion of funds belonging to the Government of the Phils. or any of its branches, instrumentalities, enterprises, banks or financial institutions, or by taking undue advantage of their official position, authority, relationship, connection or influence to unjustly enrich themselves at the expense and to the grave damage and prejudice of the Fil. people and the Rep. of the Phils. [Par. (4), EO 2, Mar. 12, 1986]. Ill-gotten wealth. Concurring elements: (a) They must have originated from the government itself, and (b) they must have been taken by former Pres. Marcos, his immediate family, relatives, and close associates by illegal means. [Rep.
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v. Sandiganbayan, GR 166859, GR 169203, GR 180702. Apr. 12, 2011]. Illiterate. Unable to read or write. Illiteracy. Lack of instruction and low intelligence. [Suarez, Intro. to Law, 1995 3rd Ed., p. 193]. Illusion. Legal Med. A false interpretation of an external stimulus. [Olarte, Legal Med., 1st Ed. (2004), p. 146]. Compare with Hallucination. Imam. 1. The person who leads prayers in a mosque. 2. A title of various Muslim leaders, esp. of one succeeding Muhammad as leader of Shiite Islam See Mohammedan Imam. Imbecile. A mentally defective person of the 2nd lowest order of intellectual potential (mental age bet. 3 and 7 years), usu. requiring custodial and complete protective care. [People v. Race, GR 93143. Aug. 4, 1992]. Imbecility. A form of mental disease consisting in mental deficiency either congenital or resulting from an obstacle to the development of the faculties supervening in infancy. [People v. Race, GR 93143. Aug. 4, 1992]. Imitation. A thing intended to simulate or copy something else. Imitation firearm. A replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to believe that such imitation firearm is a real firearm. [Sec. 3, RA 10591]. Immaterial. Not material, essential, or necessary; not important or pertinent; not decisive; of no substantial consequence; without weight; of no material significance. Immaterial evidence. Evidence which lacks probative weight and is unlikely to influence the tribunal in resolving the issue before it. Such evidence is commonly objected to by opposing counsel, and disallowed by the court. Immaterial fact. An offered evidential fact which is excluded by some rules of evidence, no matter what the rule. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 7]. Immediate. Occurring or done at once; instant. Immediate accountability. The accountability of a person in possession of or having custody of supplies or property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Immediate cause. The cause of consideration nearest to the time and place of injury. Immediate container. The container or package which is immediately after or near the substance but does not include package liners. [Art. 4, RA 7394]. Immediate family. 1. A defined group of relations, used in rules or laws to determine which members of a person's family are affected by those rules. It normally includes a person's parents, spouses, siblings and children. 2. Close relative. Immediate family member. 1. A person's spouse, child, child's spouse, stepchild, stepchild's spouse, grandchild, grandchild's spouse, parent, stepparent, parent-in-law, or sibling. 2. Next-of-kin.
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Immediate farm household. The members of the family of the lessee or lessor and other persons who are dependent upon him for support and who usu. help him in his activities. [Sec. 166, RA 3844]. Immediate members of family of the lessee or lessor. For purposes of repossessing the leased promises, the spouse, direct descendants or ascendants, by consanguinity or affinity, of the lessee or lessor. [Sec.4, RA 9161; Sec. 3, RA 9653]. Immediate provocation. Absence of interval of time bet. the provocation and the commission of the crime. Immediate supervisor. One who occupies the 1st level of supervision over a subordinate and who assigns, directs, supervises and reviews the work of the latter. [Sec. 3, PD 985]. Immediate vindication of a grave offense. An act committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity within the same degree. [People v. Capalac, GR L-38297. Oct. 23, 1982]. Immediately. Without interval of time; without delay. [Juan v. Musgi, GR L76053. Oct. 27, 1987]. Immemorial. Beyond the reach of memory, beyond human memory, or time out of mind. [Dir. of Lands v. Buyco, GR 91189. Nov. 27, 1992]. Immemorial possession. It means possession of which no man living has seen the beginning, and the existence of which he has learned from his elders. [Susi v. Razon, 48 Phil. 424 (1925)]. Immigrant. 1. Any alien departing from any place outside the Phils. destined for the Phils., other than a nonimmigrant. [Sec. 50 (j), CA 613]. 2. An alien who comes to this country either to reside permanently or for a limited duration. [Chang Yung Fa v. Gianzon, GR L7785. Nov. 25, 1955]. Immigrants. 1. A person who moves into a country for the purpose of permanent residence. [Cascante v. Comelec, GR 88831. Nov. 8, 1990]. 2. Persons who come into a foreign country or region to live. Immigration. 1. The removing into one place from another; the act of immigrating, the entering into a country with the intention of residing in it. [Cascante v. Comelec, GR 88831. Nov. 8, 1990]. 2. The entry of foreign persons into a country to live permanently. Imminent. About to happen; impending; forthcoming. Imminent unlawful aggression. Crim. Law. An attack that is impending or at the point of happening. It must not consist in mere threatening attitude nor must it be merely imaginary. The intimidating attitude must be offensive and positively strong, for example, aiming a revolver at another with intent to shoot him, or opening a knife and making a motion as if to attack. Imminently hazardous product. A consumer product which presents an unreasonable risk of death, serious illness or severe personal injury. [Art. 4, RA 7394].
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Immoral. Not conforming to accepted standards of morality. Immoral conduct. That conduct which is so willful, flagrant, or shameless as to show indifference to the opinion of good and respectable members of the community. [Arciga v. Maniwang, 106 SCRA 594, Aug. 14, 1981]. Immoral doctrines. Crim. Law. The felony committed by those who shall publicly expound or proclaim doctrines openly contrary to public morals. [Art. 201, RPC]. Immorality. 1. Conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity, and dissoluteness; or is willful, flagrant, or shameless conduct showing moral indifference to opinions of respectable members of the community, and as an inconsiderate attitude toward good order and public welfare. [Alfonso v. Juanson, AM RTJ-92904. Dec. 7, 1993, 6th Ed., 1990, 751]. 2. [It] include[s] not only sexual matters but also conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity, and dissoluteness; or is willful, flagrant or shameless conduct showing moral indifference to opinions of respectable members of the community, and an inconsiderate attitude toward good order and public welfare. [Regir v. Regir, AM P-06-2282, Aug. 4, 2009]. Immovable. Prop. Object which can be moved from place to place without injury. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 12]. Immovable property. The following are immovable property: (a) Land, buildings, roads and constructions of all kinds adhered to the soil; (b) trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; (c) everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; (d) statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; (e) machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; (f) animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included; (g) fertilizer actually used on a piece of land; (h) mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant; (i) docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast; (j) contracts for public works, and servitudes and other real rights over immovable property. [Art. 415, CC]. Immovables by analogy or law. Prop. Those mentioned in par. 10, of Art. 415 of the Civ. Code, viz: contracts for public works, and servitudes and other real rights over immovable property. [To-
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lentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 13]. Immovables by destination. Prop. Those which are essentially movables, but by the purpose for which they have been placed in an immovable, partake of the nature of the latter because of the added utility derived therefrom, such as those mentioned in pars. 4, 5, 6, 7, and 9 of Art. 415 of the Civ. Code. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 13]. Immovables by incorporation. Prop. Those which are essentially movables, but are attached to an immovable in such manner as to be an integral part thereof, such as the things (except lands, buildings, and roads) mentioned in pars. 1, 2, 3, 4 and 6 of Art. 415 of the Civ. Code. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 13]. Immovables by nature. Prop. Those which cannot be moved from place to place, such as land, mentioned in par. 1, and mines, quarries, and slag dumps, mentioned in par. 8 of Art. 415 of the Civ. Code. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 13]. Immune. 1. Protected or exempt, esp. from an obligation or the effects of something. 2. Resistant to a particular infection or toxin owing to the presence of specific antibodies. Immunity. 1. An exemption that a person [individual or corporate] enjoys from the normal operation of the law such as a legal duty or liability, either criminal or civil. 2. Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence. Immunity from suit doctrine. 1. The doctrine the application of which has been restricted to sovereign or governmental activities [jure imperii]. The mantle of state immunity cannot be extended to commercial, private and proprietary acts [jure gestionis]. [Jusmag v. NLRC, GR 108813. Dec. 15, 1994]. 2. The restrictive application of State immunity is proper when the proceedings arise out of commercial transactions of the foreign sovereign, its commercial activities or economic affairs. Stated differently, a State may be said to have descended to the level of an individual and thus can be deemed to have tacitly given its consent to be used only when it enters into business contracts. It does not apply where the contract relates to the exercise of its sovereign functions. [US v. Ruiz, GR L-35645, May 22, 1985, 136 SCRA 487, 490]. Immunity of state from suit. One of the universally recognized principles in international law which is commonly understood as an exemption of the state and its organs from the judicial jurisdiction of another state. [Jusmag v. NLRC, GR 108813. Dec. 15, 1994]. Immutability. The quality of being not subject or susceptible to change. Immutability of a final and executory judgment rule. 1. A rule that after judgment has become final, no additions can be made thereto, and nothing can be done therewith except its execution; otherwise, there would be no end to litigations, thus setting at naught the main role of courts of justice, which is to assist in the enforcement of the rule of law and the maintenance of peace and order by settling justiciable controversies with finality. [Javier v. CA, GR 100777.
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July 21, 1993]. 2. The absolute rule that after a judgment becomes final, by the expiration of the period provided by the rules within which it so becomes, no further amendment or correction can be made by the court except for clerical errors or mistakes. [Marasigan v. Ronquillo, GR L-5810, Jan. 18, 1954, 94 Phil 237]. Immutability of judgment doctrine. The doctrine under which a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the Sup. Court. Immutability of status doctrine. The theory that the status of a child, i.e., his legitimacy, etc. is not affected by any subsequent change in the nationality of the parents. However, the national law of the parents will be changed should they effect a change of nationality: the rights and obligations of parents and child will now be determined by the new national law. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 306]. Immutable. Unchanging over time or unable to be changed. Impact of taxation. That point on which a tax is originally imposed. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 53]. Impairment. Any loss, diminution or aberration of psychological, physiological, or anatomical structure or function. [Sec. 4, RA 7277]. Impairment of obligation of contract. 1. This occurs when the terms or conditions of a contract are changed by law or by a party without the consent of the other, thereby weakening the position or rights of the latter. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 35]. 2. In general, any enactment of a legislative character which attempts to take from a party a right to which he is entitled by its terms, or which deprives him of the means of enforcing such a right. But it may be said in general that a law which does not strike at the vitality of a contract either by altering its terms or preventing its preservation and enforcement does not impair its obligation. [Govt. of the Phil. V. Visayan Surety, GR 46193. Oct. 10, 1938]. Impasse. Within the meaning of the labor laws, the word presupposes reasonable effort at good faith bargaining which, despite noble intentions, does not conclude in agreement bet. the parties. [Divine Word Univ. of Tacloban v. Sec. of Labor and Employment, GR 91915. Sep. 11, 1992]. Impeach. 1. To charge a public official with improper conduct in office before a proper tribunal. 2. To discredit the witnesss testimony. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 208]. Impeachable officials. Consti. Law. Under the Consti., only the following public officers may be impeached: The Pres., Vice-Pres., the Members of the Sup. Court, the Members of the Constitutional Commissions, and the Ombudsman. This list of officers is exclusive. All other public officers and employees may be removed from office as provided by law, but not by impeachment.
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Impeachment. Consti. Law. 1. A national inquest into the conduct of public men. It is a necessary safeguard to ensure that public officers have the moral fitness and integrity to fulfill their mandate. The provisions on impeachment are enshrined in Art. XI of the 1987 Consti. 2. A criminal proceeding against a public official. Impeachment. Consti. Law. Grounds: Culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. These grounds are exclusive and offenses not falling within these parameters shall not be sufficient for impeachment purposes. Impeachment of a witness. An attack on the credibility (believability) of a witness, through evidence introduced for that purpose. Imperfect disinheritance. Succ. A disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in the Civ. Code, which shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime. [Art. 918, CC]. Also called Ineffective disinheritance. Imperium. Lat. 1. The govt. authority possessed by the State. [Separate Opinion, Kapunan, J., in Cruz v. Sec. of DENR, GR 135385, Dec. 6, 2000]. 2. The authority possessed by the state embraced in the concept of sovereignty. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 29]. Compare with Dominium. Implement. From the Latin word "implementum. To fill up or to complete. Its meaning includes an "article, as of apparel or furniture, serving to equip." [Belen v. De Leon, GR L-16412. Nov. 30, 1962]. Implication. 1. The conclusion that can be drawn from something, although it is not explicitly stated. 2. A likely consequence of something. Implications doctrine. The doctrine holding that that which is plainly implied in the language of a statute is as much a part of it as that which is expressed. [City of Manila v. Judge Gomez, GR L37251. Aug. 31, 1981]. See Doctrine of implication. Implied. Strongly suggesting the truth or existence of something not expressly stated. Implied acceptance of services. The acceptance by a person of services without first repudiating the express terms and conditions upon which those services are rendered which is held to be an acceptance of such services under an implied contract to pay therefor the amount stipulated by the other party at the time when they were rendered. [Sellner v. Conzales, GR 8415. Dec. 18, 1914]. Implied acceptance. Sales. Acceptance of the goods is impliedly made by the buyer when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods
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without intimating to the seller that he has rejected them. [Art. 1585, CC]. Implied agency. Agency implied from the acts of the principal, from his silence or lack of action, or his failure to repudiate the agency, knowing that another person is acting on his behalf without authority. [Art. 1869, CC]. Implied consent. Pol. Law. The consent of the state to be sued implied from the very act of entering into a contract, because by entering into such contract the sovereign state has descended to the level of the citizen. [Santos v. Santos, GR L-4699. Nov. 26, 1952]. Compare with Express consent. Implied conspiracy. A conspiracy which may be inferred though no actual meeting among them to concert means is proved, if it is proved that 2 or more persons aimed by their acts towards the accomplishment of the same unlawful object, each doing a part so that their acts, though apparently independent were in fact connected and cooperative, indicating closeness of personal association and concurrence of sentiment. [Orodio v. CA, Sep. 13, 1988, GR 57519]. Implied contract. A contract not created or evidenced by the explicit agreement of the parties but one inferred by law; as the use of electric power in ones home implies a contract with the light company. Implied municipal liability doctrine. This doctrine that applies to all cases where money or other property of a party is received under such circumstances that the general law, independent of express contract implies an obligation upon the municipality to do justice with respect to the same. [Province of Cebu v. IAC, 147 SCRA 447]. Implied novation. A novation arising from incompatibility of the old and new obligations, (which) change must refer to the object, the cause, or the principal conditions of the obligation. [Young v. CA, GR 83271. May 8, 1991]. Implied pardon. There is implied pardon when the offended party continued to live with his spouse even after the commission of the offense. However such consent or pardon cannot be implied when the offended party allows his wife to continue living in the conjugal home after her arrest only in order to take care of their children. [Ligtas v. CA, GR L-47498. May 7, 1987]. Compare with Express pardon. Implied permission. Ins. In contemplation of a car insurance policy, any act done consistent with the risk insured against and which, although done without the prior express consent or permission of the owner, would have been permitted had the car owner known about it. Implied powers. Those powers authorized by a legal document [from the Consti.] which, while not stated, seem to be implied by the powers expressly stated. Implied powers doctrine. Doctrine that holds that, in determining the rights and duties possessed by an organization, a court must look to the purposes and functions specified in its charter and developed in practice. Implied ratification. [Ratification which] may take various forms - like silence or acquiescence, acts showing approval or
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adoption of the act, or acceptance and retention of benefits flowing therefrom. [MWSS v. CA, GR 126000 and 128520, 7 Oct. 1998, 297 SCRA 287, 307]. See Tacit ratification. Implied repeal. Stat. Con. Where there is irreconcilable repugnance bet. 2 legal provisions, there is an implied repeal of the 1st statute because the inconsistency bet. the 2 laws is so clear and definite that one cannot stand together with the other. [Garcia v. Mata, GR L-33713. July 30, 1975]. Compared with Express repeal. Implied trust. Also Resulting trust. Requisites: (a) That 2 or more persons agree to purchase a property and (b) that they consent that one should take the title in his name for everyone's benefit. [Nito v. CA, GR 102657. Aug. 9, 1993]. Implied trust doctrine. The doctrine enunciated in Art. 1456 of the Civ. Code [which provides that] if property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes. [Armamento v. Guerrero, GR L-34228 Feb. 21, 1980]. Implied trusts. 1. Trusts that come into being by operation of law. [Art. 1441, CC]. 2. Those trusts which, without being express, are deducible from the nature of the transaction as matters of intent, or which are superinduced on the transaction by operation of law as matters of equity, independently of the particular intention of the parties. [O'laco v. Co Cho Chit, GR 58010. Mar. 31, 1993]. Compare with Express trusts. Implied warranties. Mar. Ins. The following warranties are implied in marine insurance: (a) That the ship is seaworthy to make the voyage and/or to take in certain cargoes; (b) that the ship shall not deviate from the voyage insured; (c) that the ship shall carry the necessary documents to show nationality or neutrality and that it will not carry documents which will cast reasonable suspicion thereon; (d) that the ship shall not carry contraband, esp. if it is making a voyage through belligerent waters. [Suggested Answer for the 2000 Bar, UPLC, (2002), p. 8]. Implied warranty. That which the law derives by application or inference from the nature of the transaction or the relative situation or circumstances of the parties, irrespective of any intention of the seller to create it. [De Leon, Comments and Cases on Sales (2000), p. 304.]. Among the implied warranty provisions of the Civ. Code are: as to the sellers title (Art. 1548), against hidden defects and encumbrances (Art. 1561), as to fitness or merchantability (Art. 1562), and against eviction (Art. 1548). [Ang v. CA, GR 177874, Sept. 29, 2008]. Implied warranty as to quality or fitness. Sales. The warranty implying that the goods shall be reasonably fit for such purpose in case the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not). [Art. 1562, CC]. Implied warranty of merchantability. Sales. The warranty implying that the
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goods shall be of merchantable quality in case the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not). [Art. 1562, CC]. Implied warranty of seaworthiness. Mar. Ins. A warranty in every marine insurance upon a ship or freight, or freightage, or upon any thing which is the subject of marine insurance, implying that the ship is seaworthy. [Sec. 113, IC]. Implied warranty of title. A covenant for quiet enjoyment. Implied-in-fact contract. Also known as Implied contract. A contract agreed by non-verbal conduct, rather than by explicit words. An agreement 'implied in fact'" as "founded upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding. See also Contract implied in fact. Import. 1. To bring into the Phils. by sea, land or air. [Sec. 6, EO 175, May 22, 1987]. 2. To bring in with intent to land. [Lichauco & Company v. Apostol, GR 19628. Dec. 4, 1922]. Import permit. A permit authorizing an individual to bring in wildlife from another country. [Sec. 5, RA 9147]. Import quota. The total value of any item of import allowed for entry into the Phils. for any specified period. [Sec. 1, RA 426]. Important cultural properties. Cultural properties which have been singled out from among the innumerable cultural properties as having exceptional historical and cultural significance to the Phils. but are not sufficiently outstanding to merit the classification of national cultural treasures. [Joya v. PCGG, GR 96541. Aug. 24, 1993]. Importation. 1. The direct purchase, lease or charter of newly constructed or previously owned ships, or the purchase of ship's spare parts from foreign sources or from registered enterprises operating in special economic zones as this terms is defined in RA 7916 entitled, The Special Economic Zone Act of 1995. [Sec. 3, RA 9295]. 2. Bringing into some port, harbor, or haven, with an intent to land the goods there. It takes place when the vessel arrives at a port of entry, intending there to discharge her cargo. [Lichauco & Company v. Apostol, GR 19628. Dec. 4, 1922]. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. Crim. Law. The felony committed by any person who shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or quality of said metals or alloys. [Art. 187, RPC]. Importation and sale of prohibited drugs. Crim. Law. The felony committed by any person who shall import or bring into the Phils. any prohibited drug, or by any person who shall unlawfully sell or deliver to another prohibited drug. [Art. 192, RPC]. Importation, sale and possession of lottery tickets or advertisements.
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Crim. Law. The felony committed by any person who shall import into the Phil. Islands from any foreign place or port any lottery ticket or advertisement or, in connivance with the importer, shall sell or distribute the same, or any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same. [Art. 196, RPC]. Importer. Any establishment that imports raw materials, active ingredients and finished products for its own use or for distribution to other drug establishments or outlets. [Sec. 4, RA 9502]. Impossibility of access by husband to wife. [This] would include (1) absence during the initial period of conception, (2) impotence which is patent, continuing and incurable, and (3) imprisonment, unless it can be shown that cohabitation took place through corrupt violation of prison regulations. [Manresa, 492-500, Vol. I, cited by Tolentino in Commentaries and Jurisp. on the Civ. Code, Vol. 1, p.90]. Impossibility of performance. Legal or physical impossibility of performing an obligation to do without the debtors fault [and which] extinguishes the obligation. [Ancheta, The Law on Obligations and Contracts, Rev. Ed., p. 98]. Impossibilium nulla obligatio est. Lat. There is no obligation to do impossible things. [Lim Co Chui v. Posadas, 47 Phil., pp. 462, 463]. Impossible condition. 1. A condition which is not capable of fulfillment, legally or physically. [Diaz, Bus. Law Rev., 1991 Ed., p. 10-11]. 2. A condition that is not possible of realization because it is contrary to either physical, juridical or moral laws. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 211]. Impossible crime. 1. An act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. [Art. 4, RPC]. 2. An offense by which the person intending to commit it has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him. [Art. 59, RPC]. Impost. The term also signifies any tax, tribute or duty, but it is seldom applied to any but the indirect taxes. [Garcia v. Exec. Sec., GR 101273. July 3, 1992]. Impotence. 1. The physical incapability of a contracting party of consummating a marriage. [Nolledo, The Fam. Code of the Phil. Annotated. 2000 Rev. Ed., p. 79]. 2. The inability of the male organ to copulation, to perform its proper function. [Macadangdang v. CA, GR L49542. Sep. 12, 1980]. See Erectile Dysfunction. Impotency. The physical inability to have sexual intercourse. [Menciano v. San Jose (89 Phil. 63)]. It is not synonymous with sterility. Sterility refers to the inability to procreate, whereas, impotence refers to the physical inability to perform the act of sexual intercourse. [Mac-
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adangdang v. CA, GR L-49542. Sep. 12, 1980]. Impotent. 1. Unable to take effective action; helpless or powerless. 2. Unable to achieve a sexual erection. Impotentia coeundi. Lat. Inability to do the sexual act. [People v. Olmedillo, GR L-42660. Aug. 30, 1982]. Impotentia erigendi. Lat. Inability to have an erection. [People v. Olmedillo, GR L42660. Aug. 30, 1982]. Impotentia excusat legem. Lat. Impossibility dispenses with law. Impound. Seize and hold in the custody of the law. [Sec. 3, RA 9482]. Impoundment. The refusal by the Pres., for whatever reason, to spend funds made available by Congress. It is the failure to spend or obligate budget authority of any type [Phil. Consti. Assoc. v. Enriquez, GR 113105. Aug. 19, 1994]. Imprison. To put in or as if in prison; confine. Imprisonment. Putting someone in prison or in jail as lawful punishment. Imprisonment for life. It is not the same as "life imprisonment." For one thing, the proper penalty is "life imprisonment." And secondly, the impression created when the phrase "imprisonment for life" is used is that the convict will stay in prison for the rest of his natural life. The proper penalty is "life imprisonment. [People v. Lucero, GR 84656. Jan. 4, 1994]. Improbable. 1. Not likely to be true or to happen. 2. Unexpected and apparently inauthentic. Improbable evidence. Evidence which imputes to the parties to a transaction occurring in the ordinary course of business, conduct inconsistent with the principles by which men, similarly situated, are usu. governed. Improper. Not in accordance with accepted rules or standards. Improperly accumulated taxable income. Taxable income adjusted by: (a) income exempt from tax; (b) income excluded from gross income; (c) income subject to final tax; and (d) the amount of net operating loss carry-over deducted; and reduced by the sum of: (a) dividends actually or constructively paid; and (b) income tax paid for the taxable year. [Sec. 27, NIRC, as amended]. Improvement. A valuable addition made to property or an amelioration in its condition amounting to more than mere repairs intended to enhance its value, beauty or utility or to adopt it for new or further purposes. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Improvements. 1. All types of buildings and residential units, walls, fences, structures or constructions of all kinds of a fixed character or which are adhered to the soil but shall not include trees, plants and growing fruits, and other fixtures that are mere superimpositions on the land, and the value of improvements shall not be less than 50% of the assessed value of the property. [Sec. 3, RA 7279]. 2. A valuable addition made to property or an amelioration in its condition, amounting to more than more re-
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pairs or replacement of waste, costing labor or capital, and intended to enhance its value, beauty or utility or to adapt it for new or further purposes. [Sec. 3, PD 464]. Imprudence. 1. The quality or condition of being unwise or indiscreet. 2. An unwise or indiscreet act. Imprudence and negligence. Crim. Law. The felony committed by any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, or would have constituted a less grave felony or a light felony, or by any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, or would have constituted a less serious felony, or when the execution of the act covered by Art. 365 of the Rev. Penal Code shall have only resulted in damage to the property of another, or by any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony. [Art. 365, RPC]. Impulse. Also Compulsion. Legal Med. A sudden and irresistible force compelling a person to the conscious performance of some action without motive or forethought. [Olarte, Legal Med., 1st Ed. (2004), pp. 150-151]. Impulse of an uncontrollable fear of an equal or greater injury. Crim. Law. The duress, force, fear or intimidation that must be present, imminent and impending and of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done. A threat of future injury is not enough. The compulsion must be of such a character as to leave no opportunity to the accused for escape or selfdefense in equal combat. [People v. Loreno, 130 SCRA 311]. Impulse of an uncontrollable fear of an equal or greater injury. Crim. Law. The evidence must establish: (1) the existence of an uncontrollable fear; (2) that the fear must be real and imminent; and (3) the fear of an injury is greater than or at least equal to that committed. [People v. Baron, GR 185209, June 28, 2010]. Impuris manibus nemo accedat curiam. Lat. Let no one come to court with unclean hands. Imputation. Succ. A mathematical process of determining whether the value of donation can be contained in the legitime or disposable portion, as the case may be, or not. Its purpose is to determine whether the donation is inofficious or not. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 317]. Impute. From Lat. imputare: to charge. To attribute something done by one person, as a crime or a fault, to another. Imputed negligence. The negligence resulting from a partys special relationship with another party who is originally negligent. A blame attributed to an individual not on the basis of his/her conduct but because of the conduct of another for which he/she becomes legally responsible. Imputed negligence doctrine. Doctrine that makes one person legally responsible for the negligent conduct of another. See Vicarious liability doctrine.
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In any manner contravene the tenor of the obligation. The phrase in Art. 1170 of the Civ. Code, includes any illicit task which impairs the strict and faithful fulfillment of the obligation, or every kind of defective performance. [Arrieta v. Natl. Rice and Corn Corp., GR L-15645. Jan. 31, 1964]. In conflict with the law. Taken into custody, detained, or charged with the commission of an act defined and punished as a crime or offense under the law, incl. violations of traffic laws, rules and regulations, and ordinances of LGUs. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. In custodia legis. Lat. Subjected to the official custody of a judicial executive officer in pursuance of his execution of a legal writ. [Tamisin v. Odejar, GR L12068, May 31, 1960]. Also Custodia legis. In custody investigation. Investigation conducted in the presence of counsel engaged by the person arrested, by any person on his behalf, or appointed by the court upon petition either of the detainee himself or by anyone on his behalf. See Custodial investigation. In default. [It contemplates a scenario where] one is declared in default due to his failure to file his answer to the complaint within the period required by the Rules of Court. [Jungco v. CA, GR 78051. Nov. 8, 1989]. Compare with As in default. In diem. Lat. A term with a resolutory effect, until a certain day. [PCIB v. Excolin, GR L-27860 & L-27896. Mar. 29, 1974]. Compare with Ex die. In dubiis reus est absolvendus. Lat. All doubts should be resolved in favor of the accused. [People v. Geronimo, GR L-8936, 23 Oct. 1956]. In dubio pro reo. Lat. 1. When in doubt, rule for the accused. [People v. Temporada. GR 173473, Dec. 17, 2008, Sep. Op., Corona, J]. 2. This [principle] is in consonance with the constitutional guarantee that the accused ought to be presumed innocent until and unless his guilt is established beyond reasonable doubt. [Sec. 14 (2), 1987 Consti.]. See also Lenity rule. In eo quod plus sit semper inest et minus. Lat. The less is always Included in the greater. In esse. Lat. In being. Actually existing. Distinguished from In posse, which means that which is not, but may be. A child before birth is in posse; after birth, in esse. In extremis. Lat. 1. At the point of death when every hope of recovery is extinct. [People v. Laquinon, GR L-45470. Feb. 28, 1985]. 2. In extremity; in the last extremity; in the last illness. In facie curiae. Lat. In the face of the courts. Contumacious acts or statements and misconduct regarded as serious acts flaunted in the face of the Court and constituting a frontal assault upon the integrity of the (Supreme) Court and, through the Court, the entire judicial system. [Zaldivar v. Sandiganbayan, GR 79690. Feb. 1, 1989]. In flagrante delicto. Lat. In the very act of committing a crime. [People v. Montilla, GR 123872. Jan. 30, 1998].
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In flagrante. Lat. In blazing offense. In the very act charged against him. [People v. Polo, GR 72899. Jan. 30, 1987]. In forma pauperis. Lat. In the character or manner of a pauper. A phrase that indicates the permission given by a court to an indigent to initiate a legal action without having to pay for court fees or costs due to his or her lack of financial resources. See Forma pauperis. In futuro. Lat. In the future. At a future time. The opposite of In praesenti. In limine. Lat. At the beginning or on the threshold. A motion In limine is a motion that is tabled by one of the parties at the very beginning of the legal procedures. In loco parentis. Lat. In the place of the parent. 1. Actions of a custodian, guardian or other person acting in the parent's place. 2. The rule established in Art. 2180, in conjunction with Art. 2176 of the Civ. Code which provides that the damage should have been caused or inflicted by pupils or students of the educational institution sought to be held liable for the acts of its pupils or students while in its custody. [Phil. School of Bus. Admin. v. CA, GR 84698. Jan. 4, 1992]. In pari delicto doctrine. Legal principle that if 2 parties in a dispute are equally at fault, then the party in possession of the contested property gets to retain it and the courts will not interfere with the status quo. It implies that if a party whose action or failure to act precipitates breach of a contract, or who fails to take appropriate action or takes inappropriate action to limit or recoup a loss, such party may not claim nor be awarded damages. In pari delicto, potior est conditio defendantis et possidentes. Lat. Where both parties are equally in fault, the condition of the defendant is preferable, or, as stated in a case, among those in equal wrong, the situation of the defendant is the stronger. [Norris v. York, 105 Kan. 448, 450, 185 P 43; 32 CJ 577. (Record on Appeal, p. 209)]. In pari delicto, potior est conditio possidentis. Lat. Where both parties in a dispute are equally at wrong, the person in possession of the contested property will retain it (i.e., the law will not intervene). In personam jurisdiction. Intl. Law. The power of a court or tribunal to determine the rights of a party who appears before it. Compare with In rem jurisdiction. In personam, Accio or accion. See Accio or action personam. In praesenti. Lat. At the present time. The opposite of In futuro. In rem. Lat. In the thing itself. In rem jurisdiction. Intl. Law. The power of a court to determine the ownership rights of persons as to property located within the forum state. Compare with In personam jurisdiction. In rem, Accio or action. See Accio or action in rem. In the main. For the most part; chiefly; mainly; primarily; principally. In transit. On the way or passage; while passing from one person or place to another. In the course of transportation. [Calme v. CA, GR 116688. Aug. 30, 1996, p. 738].
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In transitu. Lat. In transit; on the way or passage; while passing from ones person or place to another. In the course of transportation. In trust. An obligation upon a person arising out of a confidence reposed in him to apply properly, faithfully and acc. to such confidence. [Robles v. CA, GR 59640. July 15, 1991]. Inadequate judgment. See Incomplete judgment. Inadmissible. That which, under the rules of evidence, cannot be admitted or received as evidence. Inappropriate provisions. 1. Any provision [in an appropriations bill] which does not relate to any particular item, or which extends in its operation beyond an item of appropriation x x x [and] can be vetoed separately from an item. 2. Unconstitutional provisions and provisions which are intended to amend other laws, because clearly these kind of laws have no place in an appropriations bill. These are matters of general legislation more appropriately dealt with in separate enactments. [Philconsa V. Enriquez, GR 113105. Aug. 19, 1994]. Incapable of pecuniary estimation. [Where] the subject of the litigation may not be estimated in terms of money [as] the basic issue is something other than the right to recover a sum of money, or where the money claim is purely incidental to, or a consequence of, the principal relief sought, [Raymundo v. CA, 213 SCRA 457 (1992)]. Compare with Capable of pecuniary estimation. Incapacity. 1. The lack of physical or intellectual power or of natural or legal qualification. [Luciano v. Prov. Governor, GR L-30306. June 20, 1969, 1964 Ed., p. 1141]. 2. Lack of legal ability to act; disability, incompetence; lack of adequate power. Incarceration. Imprisonment in a jail or penitentiary. Incest. Legal Med. Sexual relations bet. persons who are relatives by blood. [Olarte, Legal Med., 1st Ed. (2004), p. 114]. Incestuous marriages. Marriages bet. the following are incestuous and void from the beginning, whether relationship bet. the parties be legitimate or illegitimate: (a) bet. ascendants and descendants of any degree; and (b) bet. brothers and sisters, whether of the full or half blood. [Art. 37, FC]. Incet ipsa per se aequitas. Lat. Equity shines by her own right. Inchamaree clause. Mar. Ins. A clause which makes the insurer liable for loss or damage to the hull or machinery arising from the (a) negligence of the captain, engineers, etc.; (b) explosions, breakage of shafts; and (c) latent defect of machinery or hull. So-called for a famous legal decision involving a vessel of that name. Inchoate. From Lat. inchoare: to start work on. 1. Begun, but not completed; imperfectly formed or developed. 2. A mere expectancy. [Quiao v. Quiao, GR 176556, July 4, 2012]. Inchoate interest. The interest of each spouse in the conjugal assets [prior to the liquidation of the conjugal partnership which is] a mere expectancy, [one] which constitutes neither a le-
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gal nor an equitable estate, and does not ripen into title until it appears that there are assets in the community as a result of the liquidation and settlement. [Quiao v. Quiao, GR 176556, July 4, 2012]. Incidence of taxation. That point on which the tax burden finally rests or settles down. It takes place when shifting has been effected from the statutory taxpayer to another or someone else who cannot pass on the burden further. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 53]. Incident. 1. Any occurrence or series of occurrences having the same origin which causes pollution damage or creates a grave and imminent threat of causing such damage: Provided, That a series of occurrences shall be treated as having occurred on the date of the 1st such occurrence. [Sec. 3, RA 9483]. 2. Anything which is inseparably belongs to, or is connected with, or inherent in, another thing, called the principal. Anything which is usu. connected with another, or connected for some purposes, though not inseparably. [Malaloan v. CA, GR 104879. May 6, 1994 79 (5th Ed. 1979)]. Incident in the main case. It presupposes a main case which, perforce, must be within the court's jurisdiction. [GR 104879. May 6, 1994. Malaloan v. CA]. Incidental fraud. Also Dolo incidente. 1. Fraud in the performance of a preexisting obligation. It is the deliberate act to evade the proper performance of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 8]. 2. Those deceptions or misrepresentations which are not serious in character and without which the other party would still have entered into the contract. [Geraldez v. CA, GR 108253. Feb. 23, 1994]. Incite. 1. To encourage or stir up violent or unlawful behavior. 2. To urge or persuade someone to act in a violent or unlawful way Inciting a rebellion or insurrection. Crim. Law. The felony committed by any person who, without taking arms or being in open hostility against the Govt., shall incite others to the execution of any of the acts specified in Art. 134 of the Rev. Penal Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. [Art. 138, RPC, as reinstated by EO 187]. Inciting to sedition. Crim. Law. The felony committed by any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Govt. of the Phils., or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Govt., or who shall knowingly conceal such evil prac-
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tices. [Art. 142, RPC, as reinstated by EO 187]. Inciting to war or giving motives for reprisals. Crim. Law. The felony committed by any public officer or employee, and any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Phils. or exposes Filipino citizens to reprisals on their persons or property. [Art. 118, RPC]. Inclement. Unpleasantly cold or wet. Inclement weather. 1. It shall mean that a typhoon signal is raised in the locality. [Sec. 3, RA 8491]. 2. Unpleasant weather, which is stormy or rainy weather. Inclusio unius est exclusio alterius. Lat. The inclusion of one is the exclusion of the other. [People v. City Court of Silay, GR L-43790. Dec. 9, 1976]. Income. 1. All revenues and receipts collected or received, forming the gross accretions of funds of the Govt. [Sec. 14, PD 477]. 2. An amount of money coming to a person or corporation within a specified time, whether as payment for services, interest or profit from investment. Unless otherwise specified, it means cash or its equivalent. Income can also be thought of as a flow of the fruits of one's labor. [Conwi v. CA, GR L-48532. Aug. 31, 1992]. 3. A flow of services rendered by that capital by the payment of money from it or any other benefit rendered by a fund of capital in relation to such fund through a period of time. [Madrigal v. Rafferty, 38 Phil. 414, Aug. 7, 1918]. Income. Requisites to be taxable: (1) There must be gain; (2) the gain must be realized or received and (3) the gain must not be excluded by law or treaty from taxation. [Comm. of Int. Rev. v. CA, GR 108576, 20 Jan. 1999, 301 SCRA 152, 181]. Income bonds. Corp. Law. Bonds which may not be secured payable out of the net profits of the issuing corporation. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Income tax. 1. Tax on all yearly profits arising from property, professions, trades or offices, or as a tax on a persons income, emoluments, profits and the like. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 1]. 2. Tax on a person's income and profits. Income taxes. All taxes paid for the preceding calendar year, whether derived from employment or business. [CSCs Guidelines on the use of the rev. SALN form]. Income-generating real estate. Real property which is held for the purpose of generating a regular stream of income such as rentals, toll fees, user's fees and the like, as may be further defined and identified by the SEC. [Sec. 3, RA 9856]. Incompatibility of public offices doctrine. Pol. Law. It concerns a potential clash of 2 incompatible public offices held by a single official. In other words, the doctrine concerns a conflict bet. an individuals performance of potentially overlapping public duties. Incompatible offices. Pol. Law. Offices the duties and functions of which are inherently inconsistent and repugnant, so
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that because of the contrariety and antagonism which would result from the attempt of one person to discharge faithfully, impartially, and efficiently the duties of both offices, considerations of public policy render it improper for an incumbent to retain both. [Punsalan v. Mendoza, GR L-69576. Nov. 19, 1985]. Incompetence. Lack of ability, legal qualification or fitness to discharge the required duty . . . want of physical or intellectual or moral fitness. [Homecillo, Carmelito V., CSC Res. 97-0792, Jan. 28, 1997]. Incompetency. The manifest lack of adequate ability and fitness for the satisfactory performance of official duties by reason of the officer's vice or vicious habits. This has reference to any physical, moral or intellectual quality the lack of which substantially incapacitates one to perform the duties of a peace or public safety officer. [Sec. 8, PD 971]. Incompetent evidence. Evidence which is not admissible under the established rules of evidence. Evidence which the law does not permit to be presented at all, or in relation to the particular matter, on account of lack of originality or of some defect in the witness, the document, or the nature of the evidence itself. Incompetent witness. An offered witness who is not qualified under the rules of testimonial evidence. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 7]. Incompetents. 1. Persons who, though of sound mind but by reason of age, disease, weak mind or other similar causes are incapable of taking care of themselves and their property without outside aid. [Hernandez v. Abrille, GR 166470, aug. 4, 2009]. 2. Persons who lack ability, legal qualification, or fitness to manage their own affairs. Incomplete. 1. Not having all the necessary or appropriate parts. 2. Not full or finished. Incomplete instrument not delivered. Nego Inst. Law. An incomplete instrument which has not been delivered, and which will not, if completed and negotiated without authority, be a valid contract in the hands of any holder, as against any person whose signature was placed thereon before delivery. [Sec. 15, NIL]. Incomplete judgment. 1. A judgment which directs that a party be reimbursed his actual litigation expenses without determination of such amount, where no trial was held in the lower court which had wrongly dismissed her complaint. To fully dispose of the controversy, the judgment should provide for the remand of the case to the lower court only for the purpose of fixing and determining the amount of such actual litigation expenses, without prejudice to the parties coming to an agreement as to a mutually acceptable amount to be paid to the petitioner by way of reimbursement. [Lina v. Purisima, GR L-39380. Apr. 14, 1978]. 2. A judgment which has not decided what ought to be decided is incapable of becoming final; immutability for purposes of execution does not attach to a judgment that is materially equivocal or which suffers from either patent or latent ambiguity. [Hernandez v. Colayco, GR L-39800. June 27, 1975]. Also Inadequate judgment.
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Incomplete justification. Crim. Law. A special or privileged mitigating circumstance, which, not only can not be offset by aggravating circumstances but also reduces the penalty by 1 or 2 degrees than that prescribed by law. [Lacanilao v. CA, GR L-34940. June 27, 1988]. Incontestability clause. An agreement in an insurance policy by which the insurance company limit the period of time in which it will interpose objections to the validity of the policy or set up any defense. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 52-53]. Incorporate union. Intl. Law. A union of 2 or more states under a central authority empowered to direct both their internal and external affairs and possessed of international personality. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 14]. Incorporation. The process of legally declaring a corporate entity as separate from its owners. It involves the drafting an "Articles of Incorporation", which lists the primary purpose of the business and its location, along with the number of shares and class of stock being issued, if any. Incorporation by reference. The incorporation into a will, duly executed and witnessed acc. to statutory requirements, by an appropriate reference a written paper or document which is in existence at the time of the execution of the will, irrespective of whether such document is one executed by the testator or a 3rd person, whether it is in and of itself a valid instrument, provided the document referred to is identified by clear and satisfactory proof. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 114]. Incorporation doctrine. Intl. Law. 1. As applied in most countries, the rules of international law are given a standing equal, not superior, to national legislative enactments. [Philip Morris v. CA, GR 91332. July 16, 1993]. 2. The doctrine that holds that customary international law is part of domestic law to the extent it is not inconsistent. 3. The doctrine that postulates that the generally accepted principles of international law are automatically incorporated in the municipal law of each state upon its admission to the family of nations. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 8]. Compare with Transformation doctrine. Incorporation rule. The rule that the nationality of a corporation is that of the State under whose laws such corporation was organized. [Diaz, Bus. Law Rev., 1991 Ed., p. 245]. Compare with Control test. Incorporators. Those stockholders or members mentioned in the articles of incorporation as originally forming and composing the corporation and who are signatories thereof. [Sec. 5, Corp. Code]. Incorporeal. Legal rights which are intangible such as copyrights or patents. Increased risk theory. The rule that in order for the employee to be entitled to sickness or death benefits, the sickness or death resulting therefrom must be, or must have resulted from any illness caused by employment subject to proof that the risk of contracting the same is increased by working conditions. [Librea v. ECC, GR L-58879. Nov. 14, 1991].
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Increment. 1. An increase or addition, esp. one of a series on a fixed scale. 2. A regular increase in salary on such a scale. Incremental. Increasing gradually by regular degrees or additions. Incremental penalty. Crim. Law. An additional penalty of fine based on the value of the gain obtained by the accused on top of the principal penalty, which is that incurred for the acts of violence. [People v. Alfeche, Jr. GR 102070. July 23, 1992]. Incremental penalty rule. Crim. Law. A mathematical formula for computing the penalty to be actually imposed using the prescribed penalty as the starting point. This special rule is applicable in estafa and in theft. [People v. Temporada, GR 173473, Dec. 17, 2008]. Incriminate. To make someone appear guilty of a crime or wrongdoing; to strongly imply the guilt of someone. Incriminating innocent person. Crim. Law. The felony committed by any person who, by any act not constituting perjury, shall directly incriminate or impute to an innocent person the commission of a crime. [Art. 363, RPC]. Incumbent. A person who is in present possession of an office. [Tejada v. Domingo GR 91860, 205 SCRA 138 (1992)]. Incumbency. The holding of an office or the period during which one is held. Incurability. Fam. Law. [The psychological incapacity as a ground to annul a marriage] must be incurable, or even if it were otherwise, the cure would be beyond the means of the party involved. [Dimayuga-Laurena v. CA, GR 159220, 22 Sept. 2008]. See also Gravity and Juridical antecedence. Indebted. Owing money; Owing gratitude for a service or favor. Indebtedness. An unconditional and legally enforceable obligation for the payment of money. [Comm. of Int. Rev. v. Prieto, 109 Phil. 592, Sep. 30, 1960]. Indecency. An act against good behavior and just delicacy. [People v. Kottinger, GR 20569. Oct. 29, 1923]. Indecent. Not conforming with generally accepted standards of behavior or propriety; obscene. Indecent exposure. The act of intentionally showing one's sexual organs in public. See Exhibitionism. Indecent shows. Crim. Law. The felony committed by those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. [Art. 201, RPC, as amended by PD Nos. 960 and 969]. Indefeasibility of torrens titles doctrine. Doctrine that a torrens title, as a rule, is irrevocable and indefeasible, and the duty of the court is to see to it that this title is maintained and respected unless challenged in a direct proceeding. [Dir. of Lands v. Gan Tan, L-2664, May 30, 1951, 89 Phil. 184]. See Doctrine of indefeasibility of torrens titles. Indefeasible. A right or title in property that cannot be made void, defeated or canceled by any past event, error or omission in the title. For example, certificates of title issued under a Torrens
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land titles system is said to be indefeasible because the govt. warrants that no interest burdens the title other than those on the certificate. Indelible. Making marks that cannot be removed. Indelible allegiance doctrine. Intl. Law. A doctrine under which an individual may be compelled to retain his original nationality notwithstanding that he has already renounced it under the laws of another state whose nationality he has acquired. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 104]. See also Doctrine of indelible allegiance. Indelible ink. A semi-permanent ink or dye that is applied to the forefinger of voters during elections in order to prevent electoral fraud such as double voting. Indemnification. 1. The act of indemnifying; the condition of being indemnified. 2. Something that indemnifies; a compensation for loss. Indemnification for damages. It comprehends not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. [Art. 2200, CC]. Indemnify. 1. To protect against damage, loss, or injury; insure. 2. To make compensation to for damage, loss, or injury suffered. Indemnity. 1. Payment made for a certain loss or damage. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 20]. 2. Security against damage, loss, or injury; a legal exemption from liability for damages; compensation for damage, loss, or injury suffered. See also Reparation. Indemnity principle. Ins. The principle by which an insured is compensated for losses sustained and is placed as much as possible in the same pecuniary position as he occupied immediately before the misfortune. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 20-21]. Indent. A purchase order for goods esp. when sent from a foreign country. [Schmid & Oberly v. RJL Martinez Fishing Corp., GR 75198. Oct. 18, 1988 Indentor. One who, for compensation, acts as a middleman in bringing about a purchase and sale of goods bet. a foreign supplier and a local purchaser. [Schmid & Oberly v. RJL Martinez Fishing Corp., GR 75198. Oct. 18, 1988]. Independence. Intl. Law. 1. Also known as External sovereignty, it signifies the freedom of the state to control its own foreign affairs. [Sandoval, Pol. Law Reviewer 2003]. 2. The external manifestation of sovereignty, which also embraces power over internal matters. The power of a state to administer its external affairs without direction or interference from another state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 37]. Independence principle. The principle by which the bank determines compliance with the letter of credit only by examining the shipping documents presented; it is precluded from determining whether the main contract is actually accomplished or not. [Bank of America, NT & SA v. CA, GR 105395. Dec. 10, 1993].
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Independent adjuster. Any person, partnership, association or corporation which, for money, commission or any other thing of value, acts for or on behalf of an insurer in the adjusting of claims arising under insurance contracts or policies issued by such insurer. [Sec. 324, IC]. Independent certification. See Third party certification. Independent Certified Public Accountant. An accountant who possesses the independence as defined in the rules and regulations of the Board of Accountancy promulgated pursuant to PD 692, otherwise known as the Rev. Accountancy Law. [Sec. 232, NIRC, as amended]. Independent contractor relationship. Labor. Criteria: Whether or not the contractor is carrying on an independent business; the nature and extent of the work; the skill required; the term and duration of the relationship; the right to assign the performance of a specified piece of work; the control and supervision of the work to another; the employer's power with respect to the hiring, firing and payment of the contractor's workers; the control of the premises; the duty to supply the premises, tools, appliances, materials, and labor; and the mode, manner and terms of payment. [DOLE Phils. Inc. v. Esteva, GR 161115, Nov. 30, 2006; and Brotherhood Labor Unity Movement of the Phils. v. Zamora, 231 Phil. 53 (1987)]. Independent contractors. Labor. Persons, juridical or natural, who exercise independent employment, contracting to do a piece of work acc. to their own methods and without being subjected to control of their employer except as to the result of their work. [Villuga v. NLRC, GR 75038. Aug. 23, 1993]. Independent contractorship. Labor. The test is whether one claiming to be an independent contractor has contracted to do the work acc. to his own methods and without being subject to the control of the employer, except only as to the results of the work. [San Miguel Corp. v. Aballa, GR 149011, June 28, 2005]. Independent director. A director who has the qualifications and none of the disqualifications of an independent director specified in the Securities Regulation Code and its IRR. [Sec. 3, RA 9856]. Independent power producer (IPP). 1. An existing power generating entity which is not owned by the govt. [Sec. 4, RA 9136]. 2. Private investor engaged in power generation from coal-fired power plant, or any other energy sources (oil, hydro, geothermal etc.). [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Independent state. Intl. Law. 1. A state that has full freedom in the direction of its affairs, both domestic and foreign. It may either be simple or composite. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 12]. 2. A state that is sovereign; one that operates independently internationally. Compare with Dependent state. Indeterminate. Not certain, known, or established. Indeterminate sentence. 1. A sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the Rev. Penal Code,
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and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense. [Sec. 1, Indeterminate Sentence Law]. 2. A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term. Indeterminate Sentence Law. Act. 4103, as amended, entitled An Act to provide for an indeterminate sentence and parole for all persons convicted of certain crimes by the courts of the Phil. Islands; to create a Board of Indeterminate Sentence and to provide funds therefor; and for other purposes enacted on Dec. 5, 1933. Indeterminate Sentence Law. When not applicable: a. Offenses punished by death or life imprisonment; b. Those convicted of treason [Art. 114, RPC], conspiracy or proposal to commit treason [Art. 115, RPC]; c. Those convicted of misprision of treason [Art. 116, RPC], rebellion [Art. 134, RPC], sedition [Art. 139, RPC], or espionage [Art. 117, RPC]; d. Those convicted of piracy [Art. 122, RPC]; e. Habitual delinquents [Art. 62, par. 5, RPC]; f. Those who escaped from confinement or those who evaded sentence; g. Those granted conditional pardon and who violated the terms of the same [Art. 159, RPC; People v. Corral, 74 Phil. 359]; h. Those whose maximum period of imprisonment does not exceed one year; i. Those who are already serving final judgment upon the approval of the Indeterminate Sentence Law; j. those offenses or crimes not punishable by imprisonment such as distierro and suspension. Indeterminate thing. That which is uncertain or not particularly designated. See Generic thing. Index animi sermo est. Lat. Speech is the index of intention. [Globe-Mackay Cable and Radio Corp. v. NLRC, 206 SCRA 701 (1992)]. Indian hemp. Also Marijuana. Every kind and class of the plant cannabis sativa L. from which the resin has not been extracted, incl. cannabis americana, hashish, bhang, guaza, churrus and ganjah, and embraces every kind, class and character of Indian hemp, whether dried or fresh, flowering or fruiting tops of the pistillate plant, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever. [Sec. 2, RA 6425]. See Cannabis. Indicative. Serving as a sign or indication of something. Indicative map. A map indicating the land classification (LC) lines surveyed during the previous land classification work as shown in existing official Land Classiflcation Maps, and proposed amended boundaries, if there be any. [Sec. 4, DENR AO 2008-24]. Indicative use. The use of the emblem showing that a person or an object is linked to an institution of the Intl. Red Cross and Red Crescent Movement. The emblem shall be small in size. [Sec. 3, RA 10530]. Indicia. Lat. Signs; Indications. Circumstances which point to the existence of a given fact as probable, but not certain. The term is much used in civil law in a sense nearly or entirely synonymous with circumstantial evidence. It denotes
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facts which give rise to inferences, rather than the inferences themselves. Indicium. Sing. of Indicia. Indict. To formally accuse or charge someone with a serious crime. Indictment. A formal charge or accusation of a serious crime. Indigenous. 1. Originating and living or occurring naturally in an area or environment. 2. Intrinsic; innate. 3. Native. Indigenous cultural communities or Indigenous peoples (ICCs or IPs). A group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, nonindigenous religions and cultures, became historically differentiated from the majority of Filipinos. [Sec. 4, RA 8371]. Indigenous cultural community. 1. A group or tribe of indigenous Filipinos who have continuously lived as communities on communally-bounded and defined land since time immemorial and have succeeded in preserving, maintaining, and sharing common bonds of languages, customs, traditions, and other distinctive cultural traits, and as may be defined and delineated by law. [Sec. 3, RA 7942]. 2. A group of people sharing common bonds of language, customs, traditions and other distinctive cultural traits, and who have, since time immemorial, occupied, possessed and utilized a territory. [Sec. 4, RA 7586]. Indigenous materials. Raw materials grown and/or produced in the Phils. [Sec. 2, PD 2032]. Indigenous peoples. A group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied; possessed customs, tradition, and other distinctive cultural traits, or who have, through resistance to political, social, and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos. They shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the dime of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social. economic, cultural, and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains as defined under Sec. 3(h), Chap. II of RA 8371, otherwise known as "The Indigenous Peoples Rights Act of 1997" (IPRA of 1997). [Sec. 4, RA 9710]. Indigenous Peoples Rights Act (IPRA) of 1997, The. RA 8371 entitled An act to recognize, protect and promote the rights of indigenous cultural communi-
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ties or indigenous peoples, creating a Natl. Commission On Indigenous Peoples, establishing implementing mechanisms, appropriating funds therefor, and for other purposes enacted on Oct. 29, 1997. Indigenous petroleum. Locally extracted mineral oil, hydrocarbon gas, bitumen, crude asphalt, mineral gas and all other similar or naturally associated substances with the exception of coal, peat, bituminous shale and/or stratified mineral deposits. [Sec. 1, RA 7729]. Indigenous political structures. Organizational and cultural leadership systems, institutions, relationships, patterns and processes for decision-making and participation, identified by Indigenous Cultural Communities or Indigenous Peoples (ICCs or IPs) such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holders, or any other tribunal or body of similar nature. [Sec. 4, RA 8371]. Indigenous wildlife. Species or subspecies of wildlife naturally occurring or has naturally established population in the country. [Sec. 5, RA 9147]. Indigent. 1. A person who has no visible means of income or whose income is insufficient for the subsistence of his family. [Enaje v. Ramos, GR L-22109. Jan. 30, 1970]. 2. Needy or impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense. Compare with Pauper. 3. Health Ins. A person who has no visible means of income, or whose income is insufficient for the subsistence of his family, as identified by the DSWD based on specific criteria set for this purpose in accordance with the guiding principles set forth in Art. I of RA 7875. [Sec. 3, RA 10606]. Indigent and pauper litigants. Those defined under Rule 141, Sec. 19 of the Rules of Court and Algura v. The LGU of the City of Naga. [GR150135, 30 Oct. 2006, 506 SCRA 81]. Indigent litigant. Anyone who has no visible means of support or whose income does not exceed P300 per month or whose income even in excess of P300 per month is insufficient for the subsistence of his family. [Enaje v. Ramos, GR L-22109. Jan. 30, 1970]. Indigent party. 1. Indigent party. A party who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. [culled from Sec. 21, Rule 3, RoC]. 2. One who is authorized by the court to prosecute his action or defense as an indigent upon an ex parte application and hearing showing that he has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 199]. Indigent senior citizen. Any elderly who is frail, sickly or with disability, and without pension or permanent source of income, compensation or financial assistance from his/her relatives to support his/her basic needs, as determined by the DSWD in consultation with the Natl. Coordinating and Monitoring Board (NCMB). [Sec. 3. RA 9994]. Indirect assault. Crim. Law. The use of force or intimidation by any person upon another person coming to the aid of the
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authorities or their agents on occasion of the commission of any of the crimes defined in Art. 148 of the Rev. Penal Code. [Art. 149, RPC]. Compare with Direct assault. Indirect attack on a title. Also Collateral attack on a title. In an action to obtain a different relief, an attack on the judgment [which] is nevertheless made as an incident thereof. [Sarmiento v. CA, GR 152627, Sept. 16, 2005]. Compare with Direct attack on a title. Indirect bribery. Crim. Law. The felony committed by any public officer who shall accept gifts offered to him by reason of his office. [Art. 211, RPC]. Indirect contempt. Such acts as misbehavior by a court official in the performance of his official duties; disobedience or resistance to a lawful writ, process order or judgment of the court; assuming to be an attorney or an officer of the court and acting as such without authority; and failure to obey subpoena served. Compare with Direct contempt. Indirect employer. Labor. Any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any work, task, job or project. [Art. 107, LC]. Indirect initiative. Exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action. [Sec. 3, RA 6735]. Indirect solar energy. The energy content of solar radiation harnessed by initially collecting sunlight in a natural manner such as absorption by land, atmosphere, ocean surface and plants. This natural collection mode gives rise to winds [by thermal gradients in the atmosphere], produces organic matter or bio-mass and creates ocean thermal gradients bet. the surface and its depths. [Sec. 2, PD 1068]. See Direct solar energy. Indirect taxes. 1. Those taxes which are demanded from one person in the expectation and intention that he shall indemnify himself at the expense of another. An example of this type of tax is the sales tax levied on sales of a commodity. [Maceda v. Macaraig, GR 88291. May 31, 1991]. 2. Those that are demanded in the 1st instance from one person in the expectation and intention that he can shift the burden to someone else. [Comm. of Int. Rev. v. John Gotamco & Sons, Inc., GR L-31092. Feb. 27, 1987]. Compare with Direct taxes. Indirect. The term would signify an act done not straight to the point. [Guerrero v. Villamor, GR 82238-42. Nov. 13, 1989]. Indispensable. Absolutely necessary or essential. Indispensable party. Civ. Pro. 1. A party in interest without whom no final determination can be had of an action. [Sec. 7, Rule 3, RoC]. 2. A party without whom the action cannot be finally determined, whose interest in the subject matter of the suit and in the relief sought is so intertwined with that of the other parties that his legal presence as a party to the proceeding is an absolute necessity. [Rep. v. Sandiganbayan, GR 92594. Mar. 4, 1994]. 3. Those parties who possess such an interest in the controversy that a final decree would
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necessarily affect their rights, so that the courts cannot proceed without their presence. [Seno v. Mangubat, GR L44339, Dec. 2, 1987]. 4. A party [whose] interest in the subject matter of the suit and in the relief sought is inextricably intertwined with the other parties interest. [Uy v. CA, GR 157065, July 11, 2006]. Compare with Necessary party. Individual. A single human being as contrasted with a social group or institution. Individual claims. Claims on land and rights thereon which have been devolved to individuals, families and clans incl., but not limited to, residential lots, rice terraces or paddies and tree lots. [Sec. 4, RA 8371]. Individual debtor. A natural person who is a resident and citizen of the Phils. that has become insolvent as defined in RA 10142. [Sec. 4, RA 10142]. Individuality principle. Succ. Principle in the institution of heirs which states that heirs collectively instituted are deemed individually named unless a contrary intent is proven. [Art. 847, CC]. Compare with Equality principle and Simultaneity principle. Individually. The term has the same meaning as "collectively", "separately", "distinctively", respectively or "severally". [Ronquillo v. CA, GR L-55138. Sep. 28, 1984]. Indivisible obligation. An obligation the object of which, in its delivery or performance, is not capable of partial performance. [Diaz, Bus. Law Rev., 1991 Ed., p. 29]. Compare with Divisible obligation. Indorsement. Nego Inst. Law. Legal transaction effected by affixing ones signature (a) at the back of the instrument; or (b) upon a paper (allonge) attached thereto with or without additional words specifying the person to whom or to whose order the instrument is to be payable whereby one not only transfers legal title to the paper transferred but likewise enters into an implied guaranty that the instrument will be duly paid. Indorsement. Nego Inst. Law. Kinds: (a) Special indorsement; (b) blank indorsement; (c) restrictive indorsement; (d) qualified indorsement; (e) conditional indorsement. [Sec. 33, NIL]. Indorsement in blank. Also Blank indorsement. Nego. Inst. An indorsement that specifies no indorsee, and an instrument so indorsed is payable to bearer, and may be negotiated by delivery. [Sec. 34, NIL]. Indorser. Nego. Inst. A person placing his signature upon an instrument otherwise than as maker, drawer, or acceptor, who is deemed to be such unless he clearly indicates by appropriate words his intention to be bound in some other capacity. [Sec. 63, NIL]. Indubitable. Something which cannot be doubted; also certain and unquestionable; without doubt. [Asejo v. Leonoso, 78 Phil. 467 (1947)]. Induce. To cause another to choose one course of conduct by persuasion or intimidation. [Go v. Go, GR 164703 , GR 164747, May 4, 2010]. Inducement. Also Instigation. Crim. Law. The criminal intent originates in the mind of the instigator and the accused is lured
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into the commission of the offense charged in order to prosecute him. The instigator practically induces the wouldbe accused into the commission of the offense and himself becomes a coprincipal [People v. Ramos, 203 SCRA 237 (1991)]. Compare with Entrapment. Inducing a minor to abandon his home. Crim. Law. The felony committed by anyone who shall induce a minor to abandon the home of his parent or guardians or the persons entrusted with his custody. [Art. 271, RPC]. Industrial baking and drying. The industrial process of subjecting materials to heat for the purpose of removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform glazing the surface of materials being treated. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Industrial design. 1. Any composition of lines or colors or any 3-dimensional form, whether or not associated with lines or colors: Provided, That such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft. [Sec. 112, RA 8293]. 2. Any new original and ornamental design for an article of manufacture. [Sec. 1, PD 1423]. 3. Any new and original creation relating to the features of shape, pattern, configuration, ornamentation, or artistic appearance of an article or industrial design by the author in the same manner and subject to the same provisions and requirements as relate to patents for inventions in so far as they are applicable, except as otherwise hereinafter provided. [Sec. 55, RA 165, as amended by RA 637]. Industrial detergent. Any cleaning product not designed for laundering different fabrics in the family wash but is mostly used in the manufacturing industry, such as but not limited to the beverage industry, textile industry, meat, fish and fruit canning, dairy product processing and food processing industry. [Sec. 2, RA 8970]. Industrial dispersal. The encouragement given to manufacturing enterprises to establish their plants in rural areas. Such firms normally use agricultural raw materials either in their primary or intermediate state. [Sec. 4, RA 8435]. Industrial dispute. See Labor dispute. Industrial employment. In case of private employers, it includes all employment or work at a trade, occupation or profession exercised by an employer for the purpose of gain, except domestic service. [Sec. 22, RA 772]. Industrial estate (IE). A tract of land subdivided and developed acc. to a comprehensive plan under a unified continuous management and with provisions for basic infrastructure and utilities, with or without pre-built standard factory buildings and community facilities for the use of the community of industries. [Sec. 4, RA 7916]. Industrial fruits. Those produced by lands of any kind through cultivation or labor. [Art. 442, CC]. Industrial land. Land developed principally to industry as capital investment. [Sec. 3, PD 464]. Industrial life insurance. A form of life insurance under which the premiums are payable either monthly or oftener, if
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the face amount of insurance provided in any policy is not more than 500 times that of the current statutory minimum daily wage in the City of Manila, and if the words Industrial policy are printed upon the policy as part of the descriptive matter. [Sec.229, IC]. Industrial partner. The partner who contributes his industry to the partnership. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. Compare with Capitalist partner. Industrial Peace Act. RA 875. [Expressly repealed by the Labor Code]. Industrial plant. Any plant in which a unit process and/or operations are involved, incl. the related pollution control and abatement processes or operations. [Sec. 3, RA 9267]. Industrial plant or factory. Manufacturing assembly plants, incl. engineering shops, shipyards or other business endeavors where electrical machinery and equipment are installed. [Sec. 2, RA 7920]. Industrial Safety Act. CA 104, as amended. [Expressly repealed by the Labor Code]. Industrial salt. Salt used in the treatment, processing, and/or manufacture of nonfood commercial products. [Sec. 4, RA 8172]. Industrial sand and gravel permit. The permit granted by the MGB to any qualified person for the extraction of sand and gravel and other loose or unconsolidated materials that necessitate the use of mechanical processing covering an area of more than 5 hectares at any one time. The permit shall have a term of 5 years, renewable for a like period but not to exceed a total term of 25 years. [Sec. 47, RA 7942]. Industrial tree plantation. Any tract of forest land purposely and extensively planted to timber crops primarily to supply the raw material requirements of existing or proposed processing plants and related industries. [Sec. 3, PD 705]. Industrial waste. Any solid, semi-solid or liquid waste material with no commercial. value released by a manufacturing or processing plant other than excluded material. [Sec 4, RA 9275]. Industry. 1. Any identifiable group of productive units or enterprises, whether operated for profit or not, engaged in similar or allied economic activities in which individuals are gainfully employed. [Sec. 1, Rule 9, Book 3, IRR of LC]. 2. Any department or branch of art, occupation or business, esp., one which employs much labor and capital and is a distinct branch of trade, as the sugar industry. [Diaz-Leus v. Melvida, GR 77716. Feb. 17, 1988]. Industry indispensable to the national interest. Industry needful or essential to the vital functions of the state where the dispute involves public hazard requiring swift governmental intervention or action and not merely public inconvenience, whether there is an emergency or not. [Sec. 32, PD 570-A]. Inebriation. The state of being under the influence of or addicted to the use of intoxication liquors. Ineffective disinheritance. Succ. A disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is
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not one of those set forth in the Civ. Code, which shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime. [Art. 918, CC]. Also called imperfect disinheritnce. Inexistent contract. One which has no force and effect from the very beginning, as if it had never been entered into, and which cannot be validated either by time or by ratification. [Tongoy v. CA, 123 SCRA 99 (1983); Avila v. CA 145 SCRA (1986)]. Also Void contract. Infant. 1. A child within 0 to 12 months of age. [Sec. 3, RA 10028; Sec. 3, RA 7600]. 2. A person falling within the age bracket of 0-12 months. [Sec.4, EO 51, Oct. 20, 1986]. Infant formula. The breastmilk substitute formulated industrially in accordance with applicable Codex Alimentarius standards, to satisfy the normal nutritional requirements of infants up to 6 months of age, and adopted to their physiological characteristics. [Sec. 3, RA 10028; Sec. 3, RA 7600; Sec.4, EO 51]. Infanticide. 1. Crim. Law. The felony committed by any person who shall kill any child less than 3 days of age, or by the mother of the child for the purpose of concealing her dishonor, or by the maternal grandparents or either of them if said crime be committed for the same purpose. [Art. 255, RPC]. 2. Murder of an infant soon after its birth. Infantosexual. Legal Med. A person whose sexual desire is towards minors. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. Inference. A fact or proposition deducted by process of reasoning as a logical conclusion from other facts. [Herrera, Rem. Law, 1999 Ed., p. 31]. Compare with Presumption. See also Presumption hominis or Presumption of fact. Inferior courts. The term, as used in the Interim Rules and Guidelines promulgated to implement the Judiciary Reorganization Act of 1981, refers to all courts except the Sup. Court, the Sandiganbayan and the Court of Tax Appeals. [Delbros Hotel Corp. v. IAC, GR L-72566. Apr. 12, 1988]. Infidelity in the custody of documents. Elements: (a) that the offender be a public officer; (b) that there be a document abstracted, destroyed or concealed; (c) that the document destroyed or abstracted be entrusted to such public officer by reason of his office, and (d) that damage or prejudice to the public interest or to that of a 3rd person be caused by the removal, destruction or concealment of such document. [Fajelga v. Escareal, GR L-61017-18. Jan. 14, 1988]. Inflation. A sharp sudden increase of money or credit or both without a corresponding increase in business transactions. It causes a drop in the value of money resulting in the rise of the general price level. [Diaz, Bus. Law Rev., 1991 Ed., p. 41]. In-force plan. A plan for which the preneed company has an outstanding obligation for the delivery of benefits or services or payment of termination value. [Sec. 4, RA 9829].
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Informacion posesoria. Sp. 1. Possessory information title. [Dir. of Forestry v. Muoz, GR L-25459. June 28, 1968]. 2. A valid title based upon adverse possession or a valid title based upon prescription. [Noblejas, A.H. and Noblejas, E.H., Registration of Land Titles and Deeds, 1986 ed., p. 39]. 3. 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) composicion con el estado or adjustment title; and (4) titulo de compra or title by purchase. [Sec. Of DENR v. Mayor Yap, GR 167707, Oct. 8, 2008]. Informal. Not formal or ceremonious; casual. Informal education. A lifelong process of learning by which every person acquires and accumulates knowledge, skills, attitudes and insights from daily experiences at home, at work, at play and from life itself. [Sec. 4, RA 9155]. Informal Sector. Health Ins. Units engaged in the production of goods and services with the primary objective of generating employment and income for the persons concerned. It consists of households, unincorporated enterprises that are market and nonmarket producers of goods, as well as market producers of services. These enterprises are operated by own-account workers, which may employ unpaid family workers as well as occasional, seasonally hired workers. To this sector belong, among others, street hawkers, market vendors, pedicab and tricycle drivers, small construction workers and homebased industries and services. [Sec. 3, RA 10606]. Informal settlements. 1. Areas where groups of housing units have been constructed on land that the occupants have no legal claim to, or occupy illegally. 2. Unplanned settlements and areas where housing is not in compliance with current planning and building regulations (unauthorized housing). Informal settler. Squatter. A term often used by law enforcement and government to address the homeless population. Information. 1. Rem. Law. An accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court. [Sec. 4, Rule 110, RoC]. 2. Crim. Proc. An accusation in writing charging a person with an offense subscribed by the fiscal and filed with the court. [Sec. 4, Rule 110, RoC]. Information and communications system. 1. A system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or which data is recorded, transmitted or stored and any procedure related to the recording, transmission or storage of electronic data, electronic message, or electronic document. [Sec. 3, RA 10173]. 2. A system for generating, sending, receiving, storing, or otherwise processing electronic documents and includes the computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic document. [Sec. 5, RA 8792]. Information representative. Any person who engages in collecting or gathering data and in disseminating and/or pub-
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lishing the same for and on behalf of a principal. [Sec. 3, BP 39]. Information technology (IT). The branch of engineering that deals with the use of computers and telecommunications to retrieve and store and transmit information. Information value. The correct dutiable value of the article ascertained from the reports of the Revenue Attache or Commercial Attache [Foreign Trade Promotion Attache] or other Phil. diplomatic officers and from such other information that may be available to the Bu. of Customs. Such value shall be the home consumption value of the imported article which shall be the subject of customs duty and taxes. [Comm. of Customs v. Procter & Gamble Phil. Mfg. Corp., GR 56705. Jan. 31, 1989]. Also Established value. Informed consent. The voluntary agreement of a person to undergo or be subjected to a procedure based on full information, whether such permission is written, conveyed verbally, or expressed indirectly. [Sec. 3, RA 8504]. Informed consent doctrine. A general principle of law that a physician has a duty to disclose what a reasonably prudent physician in the medical community in the exercise of reasonable care would disclose to his patient as to whatever grave risks of injury might be incurred from a proposed course of treatment, so that a patient, exercising ordinary care for his own welfare, and faced with a choice of undergoing the proposed treatment, or alternative treatment, or none at all, may intelligently exercise his judgment by reasonably balancing the probable risks against the probable benefits. [Li v. Sps. Soliman, GR 165279, June 7, 2011, 5th Ed., p. 701]. Informer. One who communicates knowledge of someone having committed or about to commit a crime to the proper authorities who by themselves, acting independently, may obtain the evidence necessary for the prosecution of the offender. [People v. Bagano, GR 77777. Feb. 5, 1990]. Informers reward. The reward granted to any person, except an internal revenue official or employee, or other public official, or his relative within the 6th grade of consanguinity, who voluntarily gives definite and sworn information, not yet in the possession of the BIR, leading to the discovery of frauds upon internal revenue laws or violation of any of the provisions thereof, thereby resulting in the recovery of revenues, surcharges and fees and/or the conviction of the guilty party and/or imposition of any fine or penalty. [Comm. of Int. Rev. v. COA, GR 101976. Jan. 29, 1993]. Informing power of the President. The power of the Pres. to address the Congress at the opening of its regular session and also to appear before it at any other time. [Sec. 23, Art. VII, 1987 Consti.]. Infra. Lat. Below. This is legal shorthand to indicate that the details or citation of a case will come later on in the brief. Compare with Supra. Infra scapula. Either of 2 flat, triangular bones, each forming the back part of a shoulder.
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Infraction. A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions. Infrastructure projects. The construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy or power and electrification facilities, national buildings, school buildings and other related construction projects of the govt. [Sec. 5, RA 9184]. Infringe. Actively break the terms of a law, agreement, etc. Infringement. The use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of any registered mark or tradename in connection with the sale, offering for sale, or advertising of any goods, business or services on or in connection with which such use is likely to cause confusion or mistake or to deceive purchasers or others as to the source or origin of such goods or services, or identity of such business; or reproduce, counterfeit, copy or colorably imitate any such mark or trade-name and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used upon or in connection with such goods, business or services. [Sec. 22, RA 166, as amended]. Infringement. Elements: (a) The use by any person, without the consent of the registrant, (b) of any registered mark or trade-name in connection with the sale, business or services, among other things, bearing such registered mark or trade-name. [Sec. 22, RA 166, as amended]. Infringement of a design patent. Unauthorized copying of the patented design for the purpose of trade or industry in the article or product and in the making, using, or selling of the article or product copying the patented design. Identity or substantial identity with the patented design shall constitute evidence of copying. [Sec. 60, RA 166, as amended by Sec. 6, RA 637]. Infringement of copyright. The importation into the Phils. of any piratical copies or likeness of any work in which Phil. copyright subsists, unless authorized by the copyright proprietor concerned, or except when imported under certain circumstances, as well as the unlawful use of the copies imported as allowed by Sec. 30 of PD 49 which violate the rights of the proprietor of Phil. copyright or annul or limit the protection secured by said Decree, and shall be punishable as such without prejudice to the proprietors right of action. [Sec. 30, PD 49]. Infringement of patent. The making, use and sale of the patented machine, article or product, and the use of the patented process for the purpose of industry or commerce, throughout the territory of the Phils. for the term of the patent by any person without the authorization of the patentee. [Sec. 37, RA 165]. Inhabit. To live in or occupy a place or environment.
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Inhabitant. One who has actual fixed residence in a place; one who has a domicile in a place. [Co v. Electoral Tribunal, GR 92191-92. July 30, 1991]. Inhabited house. Any shelter, ship or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed. [Art. 301, RPC]. Inherent. 1. Existing in something as a permanent, essential, or characteristic attribute. 2. Vested in someone as a right or privilege. Inherent aggravating circumstances. Crim. Law. Those which are part of the felony committed, as unlawful entry in robbery with force upon things. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 112]. Inherit. To receive money, property, or a title as an heir at the death of the previous holder. Inheritance. Succ. 1. All the property, rights and obligations of a person which are not extinguished by his death. [Art. 776, CC]. 2. The inheritance of a person also includes those which have accrued thereto since the opening of the succession. [Art. 781, CC]. Inheritance tax. A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax. Inherited case. One tried and finished by an RTC Judge but left undecided and is now listed as pending decision before the incumbent Judge. [People v. Bajar, GR 118240. Oct. 28, 1997]. Initial. A 1st part, a beginning, an initial letter, note or the like. [Gonzaga v. Seno, GR L-20522. Apr. 23, 1963]. Initial appearance. Crim. Proc. The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his arrest. Initial contact (with the child). Apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time the child alleged to be in conflict with the law receives a subpoena under Sec. 3 (b) of Rule 112 of the Rev. Rules of Crim. Proc. or summons under Sec. 6 (a) or Sec. 9(b) of the same Rule in cases that do not require preliminary investigation, or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Initial payments. Taxation. The payments received in cash or property other than evidences of indebtedness of the purchaser during the taxable period in which the sale or other disposition is made. [Sec. 49, NIRC, as amended]. Initiate. To begin, to commence, or to originate Initiative. Consti. Law. The power of the people to propose amendments to the Consti. or to propose and enact legislations through an election called for the purpose. [Sec. 3, RA 6735]. Initiative, Systems of. Consti. Law. There are 3 systems of initiative, namely: 1. Initiative on the Consti. which refers to a
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petition proposing amendments to the Consti.; 2. Initiative on statutes which refers to a petition proposing to enact a national legislation; and 3. Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance. [Sec. 3, RA 6735]. Injunction. Rem. Law. 1. A preservative remedy for the protection of one's substantive right or interest. It is not a cause of action in itself but merely a provisional remedy, an adjunct to a main suit. It is resorted to only when there is a pressing necessity to avoid injurious consequences which cannot be remedied under any standard compensation. [Lopez v. CA, 379 Phil. 743, 749-750 (2000)]. 2. [It] is not a cause of action in itself, but merely a provisional remedy, an adjunct to a main suit. [Caneland Sugar Corp. v. Alon, GR 142896, Sept. 12, 2007]. Injunction. Rem. Law. Requisites to issue: (a) The existence of the right to be protected, and (b) that the facts against which the injunction is to be directed are violative of said right. [Araneta v. Gatmaitan, 101 Phil. 328 (1957)]. Injunctive relief. Rem. Law. A courtordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. Injunctive reliefs. Rem. Law. [The] preservative remedies for the protection of substantive rights and interests. [Caneland Sugar Corp. v. Alon, GR 142896, Sept. 12, 2007, 533 SCRA 28, 37]. Injure. 1. To do physical harm or damage to someone. 2. To suffer physical harm or damage to a part of one's body. Injurious. 1. Causing or likely to cause damage or harm. 2. Maliciously insulting; libelous. Injury. 1. Civ. Law. Any wrong or damage done to another, either in his person, rights, reputation or property. The invasion of any legally protected interest of another. [Pecho v. Sandiganbayan, GR 111399. Nov. 14, 1994, 5th Ed., 706]. 2. Labor. Any harmful change in the human organization from any accident arising out of and in the course of the employment. [Art. 167, LC]. Compare with Damages. Injustice. Violation of another's rights or of what is right; lack of justice. Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita indicare vel respondere. Lat. It is unjust to decide or to respond to any particular part of the law without examining the whole of the law. Inland. Of, relating to, or located in the interior part of a country or region: E.g. inland freshwater lakes and ponds. Inland bill of exchange. Nego. Inst. A bill which is, or on its face purports to be, both drawn and payable within the Phils. Any other bill is a foreign bill. [Sec. 129, NIL]. Compare with Foreign bill of exchange. Inland fishery. The freshwater fishery and brackishwater fishponds. [Sec. 4, RA 8550]. Innocent. Not guilty of a crime or offense.
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Innocent and virtuous woman. A woman who has never had illicit intercourse with any man, and who is chaste and pure. [US v. Suan, GR 9201. Mar. 3, 1914]. Innocent non-disclosure of facts. The concealment or non-disclosure of facts by a party where the means of knowledge are at hand and equally available to both parties. Innocent passage. Intl. Law. 1. The right of continuous and expeditious navigation of a foreign ship through the territorial sea of a state for the purpose of traversing that sea without entering the internal waters or calling at a roadstead or port facility outside internal waters, or proceeding to or from internal waters or a call at such roadstead or port facility. The passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. 2. The right of ships to pass through territorial waters so long as they do not prejudice the peace, good order, and security of the coastal state. Compare with Involuntary entrance. Innocent passage, Right of. Intl. Law. Navigation through the territorial sea of a state for the purpose of traversing that sea without entering internal waters, or of proceeding to internal waters, or making for the high seas from internal waters, as long as it is not prejudicial to the peace, good order or security of the coastal state. [Sandoval, Pol. Law Reviewer 2003]. Innocent purchaser for value. One who buys the property of another without notice that some other person has a right to or interest in it, and who pays therefor a full and fair price at the time of the purchase or before receiving such notice. [Potenciano v. Reynoso, GR 140707, Apr. 22, 2003]. Innocent purchase in good faith of registered land. Where the real property involved is covered by a Torrens title, the buyer, mortgagee, or, any person dealing with said realty need not go beyond what appears on the face of the title. He is charged with notice only of such burdens and claims as are annotated on the title. [Clemente v. Razo, GR 151245, Mar. 4, 2005]. Innominate. Not named or classified. Innominate contracts. Contracts [that] do not have specific names under the Civ. Code. [Diaz, Bus. Law Rev., 1991 Ed., p. 61]. Compare with Nominate contracts. Innominate contracts. Kinds: (a) Do ut des (I give that you give); (b) do ut facias (I give that you may do); (c) facio ut facias (I make so you make); (d) I make so you give). [Diaz, Bus. Law Rev., 1991 Ed., p. 61]. Innovation (utility model). Any new model of implement or tools of any industrial product or part of the same, which does not possess the quality or invention, but which is of practical utility by reason of its form, configuration, construction or composition. [Sec. 1, PD 1423]. Inofficious. Succ. 1. In excess of the portion of free disposal. [Vda. De Tupas v. Br. XLII, RTC of Negros Occ., GR L65800. Oct. 3, 1986]. 2. Showing neglect of moral duty: said esp. of a will that unreasonably deprives an heir of a just inheritance.
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Inofficious donation. Succ. 1. It occurs when a person gives more than what he can give by way of a last will and testament. In other words, the donation exceeds the free portion of the estate of the creditor. [Diaz, Bus. Law Rev., 1991 Ed., p. 48-49]. 2. A donation which deprives the donors heirs of that portion of the estate to which the law entitles the heirs, of which the heirs cannot legally be deposed or disinherited, being contrary to the donors natural duty or affection. See also Donation, when inofficious. Inofficious testament. Succ. A will made in violation of natural duty and affection and without just legal cause and depriving children and parents and sometimes others of their legitime of the testator's estate. Inpatient. A patient who stays in a hospital while under treatment. Inpatient education package. A set of informational services made available to an individual who is confined in a hospital to afford him with knowledge about his illness and its treatment, and of the means available, particularly lifestyle changes, to prevent the recurrence or aggravation of such illness and to promote his health in general. [Sec. 1, RA 9241]. Input. Something put into a system or expended in its operation to achieve output or a result. Input subsidy. Assistance extended by the Govt. to the farmers in terms of discounted prices of farm inputs such as fertilizer, pesticide and seed. [Sec. 4, RA 7607]. Input tax. 1. The value-added tax due from or paid by a VAT-registered person in the course of his trade or business on importation of goods or local purchase of goods or services, incl. lease or use of property, from a VAT-registered person. It shall also include the transitional input tax determined in accordance with Sec. 111 of the NIRC. [Sec. 110, NIRC, as amended]. 2. The VAT due on or paid by a VAT-registered on importation of goods or local purchase of goods, properties or services, incl. lease or use of property in the course of his trade or business. It shall also include the transitional input tax determined in accordance with Sec. 111 of the Tax Code, presumptive input tax and deferred input tax from previous period. Compare with Output tax. Inquest. Rem. Law. An informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether said persons should remain under custody and correspondingly be charged in court. [Leviste v. Alameda, GR 182677, Aug. 3, 2010]. Inquiries in aid of legislation. [Inquiries or legislative investigations] undertaken as tools to enable the legislative body to gather information and, thus, legislate wisely and effectively and to determine whether there is a need to improve existing laws or enact new or remedial legislation. [Arnault v. Nazareno, 87 Phil. 29 (1950) and Neri v. Senate Committee on Accountability of Public Officers and Investigations, GR 180643, Mar. 25, 2008].
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Inquiry. From Lat. inquirere: to seek after or to search for. Intl. Law. 1. An investigation of the points in question, on the theory that their elucidation will contribute to the solution of the problem. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 121]. 2. The process by which an impartial 3rd party makes an investigation to determine the facts underlying a dispute without resolving the dispute itself. Insane. In a state of mind that prevents normal perception, behavior, or social interaction; seriously mentally ill. Insane delusion. A delusion manifested by a false belief for which there is no reasonable basis and which would be incredible under the given circumstances to the same person if he is of compos mentis. [People v. Dungo, GR 89420. July 31, 1991]. Insane person. 1. One who has an unsound mind or suffers from a mental disorder. 2. A person whose mental disease has rendered him incapable of restraining himself although he understands what he is doing and knows it is wrong. [Olarte, Legal Med., 1st Ed. (2004), p. 153]. Insanity. 1. A manifestation in language or conduct of disease or defect of the brain, or a more or less permanently diseased or disordered condition of the mentality, functional or organic, and characterized by perversion, inhibition, or disordered function of the sensory or of the intellective faculties, or by impaired or disordered volition. [People v. Ambal, GR L-52688. Oct. 17, 1980]. 2. Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong. Inscrutable. Difficult to fathom or understand; impenetrable. Mysterious. Inscrutable fault doctrine. Mar. Ins. Where fault is established but it cannot be determined which of the 2 vessels were at fault, both shall be deemed to have been at fault. [Suggested Answer for the 1997 Bar, UPLC, (2002), p. 65]. Compare with Limited liability doctrine. Insider. 1. It means: (a) the issuer; (b) a director or officer (or any person performing similar functions) of, or a person controlling the issuer; gives or gave him access to material information about the issuer or the security that is not generally available to the public; (d) A govt. employee, director, or officer of an exchange, clearing agency and/or selfregulatory organization who has access to material information about an issuer or a security that is not generally available to the public; or (e) a person who learns such information by a communication from any forgoing insiders. [Sec. 3, RA 8799]. 2. A person, such as a corporate officer, director, or majority shareholder, who has access to material nonpublic information about a company or the securities market. Insider trading. The use of material nonpublic information about a company or the securities market to buy or sell securities for personal gain. Insidious. Proceeding in a gradual, subtle way, but with harmful effects; treacherous; crafty.
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Insidious machination. A a deceitful scheme or plot with an evil or devious purpose. Inso. Tag. The appellation for the wife of an elder brother or male cousin. Insolvency. 1. Civ. Law. The condition of a person when the liabilities are greater than the assets, so that the claims of the creditors cannot be paid. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. 2. Ins. The inability of an insurance company to pay its lawful obligations as they fall due in the usual and ordinary course of business as may be shown by its failure to maintain the margin of solvency required under Sec. 194 of the Insurance Code, as amended by PD 1141 and further amended by PD 1455. [Sec. 249, IC]. Insolvency Law. Act 1956 enacted on May 20, 1909. Insolvent. 1. A person who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether insolvency proceedings have been commenced or not. [Art. 1636, CC]. 2. A person not able to pay his debts as they become due. 3. The financial condition of a debtor that is generally unable to pay its or his liabilities as they fall due in the ordinary course of business or has liabilities that are greater than its or his assets. [Sec. 4, RA 10142]. Insolvent debtor. One who is unable to pay all his debts in full. Insolvent debtor's estate. The estate of the insolvent debtor, which includes all the property and assets of the debtor as of commencement date, plus the property and assets acquired by the rehabilitation receiver or liquidator after that date, as well as all other property and assets in which the debtor has an ownership interest, whether or not these property and assets are in the debtor's possession as of commencement date: Provided, That trust assets and bailment, and other property and assets of a 3rd party that are in the possession of the debtor as of commencement date, are excluded therefrom. [Sec. 4, RA 10142]. Inspect. To enter, examine and observe. Under no circumstance, however, shall such entrance, examination and observation be utilized to commit any act of intimidation or coercion nor shall it be utilized to impair the civil rights of the individuals affected. [Sec. 166, RA 3844]. Inspected and Condemned. A condition wherein the carcasses or parts of carcasses so marked have been inspected and found to be unsafe, unwholesome and unfit for human consumption. [Sec. 4, RA 9296]. Inspected and Passed. A condition wherein the carcasses or parts of carcasses so marked have been inspected and found to be safe, wholesome and fit for human consumption. [Sec. 4, RA 9296]. Inspection. 1. An act by an official inspector to ensure compliance with rules and regulations incl. but not limited to humane handling of slaughter animals, ante and post mortem inspection, quality assurance program, hygiene and sanitation program, good manufacturing program, sanitation standard operating procedures, hazard analysis critical point program on any meat and meat product,
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meat establishment facilities, transport vehicles and conveyance. [Sec. 4, RA 9296]. 2. An act by an official inspector to ensure compliance with rules and regulations incl. but not limited to humane handling of slaughter animals, ante and post mortem inspection, quality assurance program, hygiene and sanitation program, good manufacturing program, sanitation standard operating procedures, hazard analysis critical point program on any meat and meat product, meat establishment facilities, transport vehicles and conveyance. [Sec. 4, RA 9296]. 2. Evid. The right of the adverse party to inspect a writing whenever the same is shown to a witness. Inspection order. An interim relief designed to give support or strengthen the claim of a petitioner in an amparo petition, in order to aid the court before making a decision. [Yano v. Sanchez, GR 186640, 11 Feb. 2010]. Inspector. A professionally qualified and properly trained officer, duly appointed by the NMIS or the LGU for meat inspection and control of hygiene under the supervision of a veterinary inspector. [Sec. 4, RA 9296]. Installment. Partial payment of a debt or collection of receivable. Different portions of the same debt payable at different successive periods agreed. Installment sale. A commercial arrangement by which a buyer makes an initial downpayment and signs a contract for payment of the balance in installments over a period of time. Instance. 1. Request of urging. 2. A legal proceeding or process; a suit. Instant. 1. Happening or coming immediately. 2. A precise moment of time. Instantaneous death. It does not necessarily mean the cessation of life simultaneously with the infliction of the injury. In a death described as instantaneous, it is possible that the victim may survive the infliction of the moral wound for as much as 15 to 20 minutes. [People v. Morin, GR 101794. Feb. 24, 1995]. Instanter. At once; immediately. Instanter principle. Succ. The express revocation of the 1st will renders it void because the revocatory clause of the 2nd will, not being testamentary in character, operates to revoke the previous will instantly upon the execution of the will containing it. Instigate. 1. To bring about or initiate an action or event. 2. To incite someone to do something, esp. something bad. Instigation. Incitation; urging; solicitation; The act by which one incites another to do something, as to commit some crime or to commence a suit. See also Inducement. Institution. The commencement or inauguration of anything, as the commencement of an action. Institution based on a false cause. Succ. In this institution, the statement of a false cause for the institution of an heir shall be considered as not written, except if it appears from the will that the testator would not have made such institution if he had known the falsity of such cause. In this case, the institution shall be annulled. [Art. 850, CC].
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Institution of heirs. Succ. An act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations. [Art. 840, CC]. Institution with a term. Succ. A kind of institution with the designation of the day or time when the effects of the institution of an heir shall commence or cease. [Art. 885, CC]. Institutional buildings. School buildings, hospitals, museums, display centers, govt. buildings and the like. [Sec. 2, RA 7920]. Institutional decision. A process by which the reception of evidence is left to a subordinate while the final decision is made by the administration head, with the latter usu. adopting the findings and recommendations of the hearing officer if found correct. Instruction. Order to a bank to disburse funds to a particular person. Instructor training. Training aimed at developing capacities of persons for imparting attitudes, knowledge, skills and behavior patterns, required for specific jobs, tasks, occupations or group of related occupations. [Sec. 1, Rule 1, Book 2, IRR of LC]. Instrument. 1. Any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses. [Sec 3, RA 9165]. 2. Any negotiable instrument as defined in the Negotiable Instrument Law; any certificate of stock, or bond or debenture for the payment of money issued by a public or private corporation, or any certificate of deposit, participation certificate or receipt, any credit or investment instrument of a sort marketed in the ordinary course of business or finance, whereby the entrustee, after the issuance of the trust receipt, appears by virtue of possession and the face of the instrument to be the owner. [Sec. 3, PD 115]. 3. Some written paper or instrument signed and delivered by one person to another, transferring the title to, or giving a lien, on property, or giving a right to debt or duty. [Ang Giok Chip v. Springfield Fire & Marine Ins. Co., GR 33637. Dec. 31, 1931]. Instrumental witness. A person who attests that the party or parties to the instrument signed the same in his presence, so that he is frequently referred to as a "Witness to the signature and he is not bound to know or be aware of the contents of the document. [PNB v. CA, GR L-34404. June 25, 1980]. Instrumentality. Any agency of the Natl. Govt., not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usu. through a charter. This term includes regulatory agencies, chartered institutions and GOCCs. [Sec. 2, Admin. Code of 1987]. Insubordination. 1. A deliberate and willful refusal to comply with a lawful request or order of a higher authority. It involves disregard of proper authority and a refusal to obey that authority. [Sobrepea, Carmelita G., CSC Res. 00-1288, May 30, 2000]. 2. Utter disregard of express or implied directions of the employer and refusal to obey reasonable orders.
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Insult. To treat with insolence, indignity, or contempt by word or action; to affront wantonly. [Poquiz, Labor Rel. Law, 1999 Ed. p. 359]. Insurable. Capable of being insured or eligible to be insured. Insurable interest. 1. Every interest in property, whether real or personal, or any relation thereto, or liability in respect thereof, of such nature that a contemplated peril might directly damnify the insured. [Sec. 13, IC]. 2. In principle, anyone has an insurable interest in property who derives a benefit from its existence or would suffer loss from its destruction whether he has or has not any title in, or lien upon or possession of the property. Insurable interest in property may consist in (a) an existing interest; (b) an inchoate interest founded on an existing interest; or (c) an expectancy, coupled with an existing interest in that out of which the expectancy arises. [Filipino Merchants v. CA, GR 85141. Nov. 28, 1989]. Insurance. A contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by special perils. The party agreeing to make the compensation is usu. called the insurer or underwriter; the other, the insured or assured; the agreed consideration, the premium; the written contract, the policy; the events insured against, risks or perils; and the subject, right, or interest to be protected, the insurable interest. Insurance adjuster. Ordinarily, a special agent for the person or company for whom he acts, and his authority is prima facie co-extensive with the business entrusted to him. Insurance agent. A person authorized to represent the insurer in dealing with 3rd parties in matters relating to insurance. An agent employed by an insurance company to solicit insurance business. Insurance broker. One who acts as a middleman bet. the insured and the insurance company, and who solicits insurance from the public under no employment from any special company selected by the insurer or, in the absence of any selection, with the company selected by such broker. Insurance Code of 1978. PD 1460 entitled A Decree to consolidate and codify all the insurance laws of the Phils. signed into law on June 11, 1978. Insurance company. A company which is organized as an insurance company, whose primary and predominant business activity is the writing of insurance or the reinsuring of risks underwritten by insurance companies, and which is subject to supervision by the Insurance Commissioner; or any receiver or similar official or any liquidating agent for such a company, in his capacity as such. [Sec. 3, RA 2629]. Insurance contract. An agreement whereby one undertakes for a consideration to indemnify another against loss, damage or liability arising from an unknown or contingent event. [Sec. 2, IC]. Insurance policy. Policy: written contract or certificate of insurance. See Policy of insurance. Insured. The owner of the property insured. [Tiopianco, Commentaries & Ju-
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risp. on the Ins. Code of the Phil., 1999 Ed., p. 23]. Insurer. Also Insurance company. All individuals, partnerships, associations, or corporations, incl. GOCCs or entities, engaged as principals in the insurance business, excepting mutual benefit associations. [Sec. 184, IC]. Insurgent government. A govt. established by rebels with the intent of replacing the existing govt. Insurrection. A violent uprising against an authority or government. See Rebellion. Intake report. The initial written report containing the personal and other circumstances of the child in conflict with the law prepared by the social worker assigned to assist the child entering the justice system. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Intangible. Unable to be touched or grasped; not having physical presence. Intangible assets. Nonphysical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning. Intangible costs in petroleum operations. Any cost incurred in petroleum operations which in itself has no salvage value and which is incidental to and necessary for the drilling of wells and preparation of wells for the production of petroleum. [Sec. 34, NIRC, as amended]. Intangible property. Property that has no intrinsic value, but is merely the representative or evidence of value, such as stock certificates, bond certificates, promissory notes, copyrights and franchises. Integrated Bar of the Philippines (IBP). 1. The official organization of all Phil. lawyers whose names appear in the Roll of Attorneys of the Sup. Court. The IBP came into being when the Sup. Court created on Oct. 5, 1970 the Commission on Bar Integration which was tasked not only to ascertain the advisability of integration of the Bar, but even more, to serve as a common vehicle of the Court and the Bar in fashioning a blueprint for integration and putting the same into actual operation. RA 6397, which became effective Sept. 17, 1971, confirmed the power of the Sup. Court to adopt rules of court to effect the integration of the Phil. Bar. Then on Jan. 9, 1973, the Sup. Court, by a per curiam resolution, pursuant to its constitutional mandate, ordained the integration of the Bar in accordance with its Rule 139-A, effective Jan. 16, 1973. [ibp.ph/history.html; Jan. 8, 2013]. 2. The official national organization of lawyers in the country. [Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers, Sec. 4, BM 2012, Feb. 10, 2009]. Integrated Pest Management (IPM). A pest management system which utilizes all suitable methods and techniques in as compatible a manner as possible to maintain the pest population at a level below that causing economically unacceptable damage or loss without endangering the environment. [Sec. 4, RA 7607]. Integrated school. A school that offers a complete basic education in one school site and has unified instructional program. [Sec. 4, RA 9155].
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Integrated water quality management framework. The policy guideline integrating all the existing frameworks prepared by all govt. agencies contain the following; water quality goals and targets; (b) period of compliance; (c) water pollution control strategies and techniques; (d) water quality information and education program; (e) human resources development program. [Sec 4, RA 9275]. Integration. [The stage of money laundering that deals with] the provision of apparent legitimacy to the criminal proceeds. [Sec. 1, Rule 4, RA 9160]. Compare with Placement and Layering. Integration of jural acts. Evid. 1. The implied integration to the written contract when such is put into writing of all previous and contemporaneous agreements. 2. When the agreement is put into writing, all previous and contemporaneous agreements are meant to be integrated to the written contract. Integration of jural acts theory. Evid. The theory under which previous acts and contemporaneous transactions of the parties are deemed integrated and merged in the written instrument which they have executed. When the parties have reduced their agreement to writing, it is presumed that they have made the writing the only repository and memorial of the truth, and whatever is not found in the writing must be understood to have been waived and abandoned. Integrity. Soundness of moral principle and character, as shown by one person dealing with others in the making and performance of contract, and fidelity and honesty in the discharge of trusts; it is synonymous with 'probity,' 'honesty,' and 'uprightness.' [Dizon v. Dollete, GR L-19838]. June 30, 1964, p. 94]. Intellectual property. 1. The right of the author, artist, or inventor over his work which is considered as his personal property. It consists in the pecuniary benefit which the owner can get by the reproduction or manufacture of his work. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 25]. 2. Useful artistic and industrial information and knowledge. Intellectual Property (IPO). The Office created to administer and implement the State policies declared in RA 8293, known as the Intellectual Property Code of the Phils. Intellectual Property Code of the Philippines. RA 8293 entitled An Act prescribing the Intellectual Property Code and establishing the IPO, providing for its powers and functions, and for other purposes enacted on June 6, 1997. Intellectual property rights. The legal basis by which the indigenous communities exercise their rights to have access to, protect, control over their cultural knowledge and product, incl. but not limited to, traditional medicines, and includes the right to receive compensation for it. [Sec. 4, RA 8423]. Intelligence. 1. The moral capacity to determine what is right from what is wrong and to realize the consequences of ones acts. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 19]. 2. The 2nd element of dolus; The power necessary to determine the morality of human acts to distinguish a licit from an illicit act without which no crime can exist.
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[Guevarra v. Almodovar, GR 75256. Jan. 26, 1989]. Intent. A design; a determination to do a certain thing; an aim, the purpose of the mind, incl. such knowledge as is essential to such intent; the design resolve, or determination with which a person acts. It is this intent which comprises the 3rd element of dolo as a means of committing a felony, freedom and intelligence being the other 2. [Guevarra v. Almodovar, GR 75256. Jan. 26, 1989]. Compare with Motive. Intent to gain. Crim. Law. 1. An internal act that is presumed from the unlawful taking by the offender of the thing subject of asportation. [Matrido v. People, GR 179061, July 13, 2009]. The intent to obtain from the appropriation of the thing some utility, advantage or benefit. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 704]. Also Animus lucrandi. Intent to kill. Crim. Law. A mental process, which may be inferred from the nature of the weapon used, the place of the wound, the seriousness thereof, and the persistence to kill the victim. [People v. Ty Sui Wong, GR L-32529. May 12, 1978]. Intention. When used with reference to the construction of wills and other documents, the term means the sense and meaning of it, as gathered from the words used therein. Intentionada waiver. The voluntary renunciation by the vendee of his right to warranty in case of eviction with knowledge of the risks of eviction and assumption of its consequences. [Diaz, Bus. Law Rev., 1991 Ed., p. 135]. Intentional. As used in an accident policy excepting intentional injuries inflicted by the insured or any other person, etc., the term implies the exercise of the reasoning faculties, consciousness, and volition. Where a provision of the policy excludes intentional injury, it is the intention of the person inflicting the injury that is controlling. If the injuries suffered by the insured clearly resulted from the intentional act of a 3rd person the insurer is relieved from liability as stipulated. [Biagtan v. Insular Life, GR L-25579. Mar. 29, 1972]. Intentional abortion. Crim. Law. Elements: 1. That there is a pregnant woman; 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; 3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom; 4. That the abortion is intended. [Art. 256, RPC]. Intentional abortion. Crim. Law. The felony committed by any person who shall intentionally cause an abortion, if he shall use any violence upon the person of the pregnant woman, or if, without using violence, he shall act without the consent of the woman, or if the woman shall have consented. [Art. 256, RPC]. Intentional cancellation. Nego. Inst. Cancellation effected by destroying the instrument either by tearing it up, burning it, or writing the word "cancelled" on the instrument. The act of destroying the instrument must also be made by the holder of the instrument intentionally. [State Investment House, Inc. v. CA, GR 101163. Jan. 11, 1993].
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Intentional interference with contractual relations. This occurs when a person intentionally damages the plaintiff's contractual or other business relationships. See Tortious interference. Intentional tort. Wrong perpetrated by one who intends to break the law. Inter. A prefix denoting: 1. Between or among: the 2nd element is singular in form, as in interstate. 2. With or on each other [or one another], together, mutual, reciprocal, mutually, or reciprocally, as in interact. [Pepsi-Cola Sales and Advertising Union v. Sec. of Labor, GR 97092. July 27, 1992]. Compare with Intra. Inter alia. Lat. Among other things; for example; or, including. Inter partes. Lat. Bet. parties. Inter se. Lat. Among themselves. It means that, for instance, certain corporate rights are limited only to the shareholders or only to the trustees as a group. Inter vivos. Lat. From one living person to another living person. Inter vivos trust. A trust created by a writing [declaration of trust] which commences at that time, while the creator [called a trustor or settlor] is alive, sometimes called a "living trust." The property is then placed in trust with a trustee [often the trustor during his/her lifetime] and distribution will take place according to the terms of the trust-possibly both during the trustor's lifetime and then upon the trustor's death. Inter-country adoption. The socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued outside the Phils. [Sec. 3, RA 8043]. Inter-Country Adoption Act of 1995. RA 8043 entitled An Act establishing the rules to govern inter-country adoption of Filipino children, and for other purposes enacted on June 7, 1995. Interest. 1. The compensation allowed by law or fixed by the parties for the loan or forbearance of money, goods or credits. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 111]. 2. Any right in the nature of property less than title. [PNB v. CA, GR 118357. May 6, 1997]. Interest in land. The legal concern of a person in the thing or property, or in the right to some of the benefits or uses from which the property is inseparable. [PNB v. CA, GR 118357. May 6, 1997]. Interest in the subject. A direct interest in the cause of action as pleaded, and which would put the intervenor in a legal position to litigate a fact alleged in the complaint, without the establishment of which plaintiff could not recover. [Magsaysay-Labrador v. CA, GR 58168. Dec. 19, 1989]. Interest rate per centum per annum. An interest rate that is accrued solely upon the unpaid balance of any loan principal which has actually been advanced to a borrower and upon any interest payment which has become due or been deferred and has not been paid by the borrower; computed on an annual basis. [Sec. 3, PD 269].
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Interest reipublicae ut finis sit litium. Lat. The interest of the State demands that there be an end to litigation. [Henson v. Dir. of Lands, 37 Phil. 912, 917, Mar. 26, 1918]. Interest reipublicae ut sit finis litium. Lat. in the interest of society as a whole, litigation must come to an end. Interested parties. Domestic producers consumers, importers and exporters of the products under consideration. [Sec. 4, RA 8800]. Interested party. In the estate of a decedent, one who would be benefited by the estate, such as an heir, or one who has a claim against the estate, such as a creditor. [Saguinsin v. Lindayag, 116 Phil. 1193]. Interested person. A person one who would be benefited by the estate, such as an heir, or one who has a claim against the estate, such as a creditor; this interest must be material and direct, not merely indirect or contingent. [Trillana v. Crisostomo, GR L-3378, Aug. 22, 1951; Espinosa v. Barrios, 70 Phil. 311]. Interested witness. 1. Rem. Law. A witness who is a party to or a person interested in the outcome of a case. 2. Succ. A witness who attests to the execution of a will which gives a legacy or devise to that witness, or his spouse, or his parent or his child. [Art. 823, CC]. Intergenerational responsibility. Envi. Law. The concept upon which the personality [of classes of persons such as minors] to sue in behalf of the succeeding generations is based insofar as the right to a balanced and healthful ecology is concerned. [Oposa v. Factoran, GR 101083, 31 July 1991]. Interim. In or for the intervening period; provisional or temporary. Interim Committee. Also Little Assembly. A subsidiary to the General Assembly of the UN created in 1947 for a term of one year and re-established in 1949 for an indefinite term. It is composed of one delegate for each member-state, meets when the General Assembly is in recess, and assist this body in the performance of its functions. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 25]. Interim receipt. 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 receipt 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. Interior design. The science and art of planning, specifying, selecting and organizing the surface finishes and materials incl. furniture, furnishings and fixtures and other interior design elements for the purpose of the interior space allocations to suit, enhance and meet the intended function, movement and character for which the interior of the building is designed. [Sec. 4, RA 10350]. Interior design, Practice of. The act of planning, designing, specifying, supervising and giving general administration and responsible direction to the functional, orderly and aesthetic arrangement and development of interiors of buildings and residences that shall con-
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tribute to the enhancement and safeguard of life, health and property and the promotion and enrichment of the quality of life. [Sec. 2, RA 8534]. Interior designer. A natural person who has been issued a certificate of registration and a valid professional license by the Board of Interior Design. [Sec. 2, RA 8534]. Interlocking confessions. Evid. Extrajudicial confessions independently made without collusion which are identical with each other in their essential details and are corroborated by other evidence on record are admissible, as circumstantial evidence, against the person implicated to show the probability of the latter's actual participation in the commission of the crime. [People v. Molleda, 86 SCRA 667, 701 (1978)]. Interlocking confessions doctrine. Evid. The doctrine under which extra-judicial confessions independently made without collusion which are identical with each other in their essential details and are corroborated by other evidence on record are admissible, as circumstantial evidence, against the person implicated to show the probability of the latter's actual participation in the commission of the crime. [People v. Molleda, 86 SCRA 667, 701 (1978)]. Interlocking directors. Corp. Law. One, some, or all of the directors in one corporation is or are also director or directors in another corporation. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 227]. Interlocutory. 1. Something intervening bet. the commencement and the end of a suit which decides some point or matter but is not a final decision of the whole controversy. [Prov. of Bohol v. NWSA, L-30856, Feb. 27, 1970]. 2. Temporary; provisional; interim; not final. Interlocutory injunction. Rem. Law. An injunction which lasts only until the end of the trial during which the injunction was sought. Interlocutory order. Rem. Law. 1. A ruling respecting some point or matter bet. the commencement and end of the suit, but is not a final adjudication of the claims and liabilities of the parties that are in dispute in that suit. [Heirs of Atty. Siapian v. Intestate Estate of Mackay, GR 184799. Sept. 1, 2010]. 2. An order that does not dispose of a case completely, but leaves something more to be done upon its merits. [Marcelo v. de Guzman, GR L-29077, June 29, 1982]. 3. An order that does not finally dispose of the case, and does not end the Court's task of adjudicating the parties' contentions and determining their rights and liabilities as regards each other, but obviously indicates that other things remain to be done by the Court. [Atienza v. CA, GR 85455. June 2, 1994]. Compare with Final order. Interloper. A person who, without legal right, runs a business [e.g. without mandatory licenses], or who wrongfully interferes or intercepts another's business. Intermediary. A person who in behalf of another person and with respect to a particular electronic document sends, receives and/or stores provides other services in respect of that electronic data message or electronic document. [Sec. 5, RA 8792].
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Intermediate Appellate Court (IAC). The name given to the Court of Appeals (CA) by virtue of EO 864 issued in 1983. On July 28, 1986, EO 33 was issued restoring the original name of the Court of Appeals (CA). Intermediate level of scrutiny test or quasi-suspect class. Classification based on gender or legitimacy are not suspect, but neither are they judged by the traditional or rational basis test. Intentional discriminations against members of a quasi-suspect class violate equal protection unless they are substantially related to important government objectives. [Craig v. Boren, 429 U.S. 190]. Internal control. The plan of organization and all the coordinate methods and measures adopted within an organization or agency to safeguard its assets, check the accuracy any reliability of its accounting data, and encourage adherence to prescribed managerial policies. [Sec. 123, PD 1445]. Internal revenue. Taxes imposed by the legislature other than duties on imports or exports. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 10]. Internal union dispute. Also Intra-union conflict. A conflict within or inside a labor union. It includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union, incl. any violation of the rights and conditions of union membership provided for in the [Labor] Code. [Book V, Rule I, Sec. 1(a), Omnibus Rules Implementing the Labor Code; Art. 212, LC]. Internal waters. Also called as National or Inland waters. 1. The waters on the landward side of baselines from which the breadth of the territorial sea is calculated. [Brownlie, Principles of Public Intl. Law, 4th ed., 1990, p. 120]. 2. Those found in the bodies of water within the land mass and the waters in gulfs and bays up to the point where the territorial waters begin. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 61]. 2. Those waters inland of the baseline of a state's territorial sea. Internal waters of the Philippines. The waters around, bet., and connecting the islands of the Phil. archipelago, regardless of their breadth and dimensions. [Art. I, 1987 Phil. Consti.]. Internally generated funds. Funds obtained from net revenues, funds arising from depreciation provisions, income from investment in securities, sale of corporate property, and other transactions performed in the course of corporate activity. [Sec. 3, EO 518]. International administrative law. The body of rules formulated by states, usu. in international conventions, for the purpose of regulating their relations and activities in connection with such nonpolitical matters as international communication, patents and copyrights, promotion of health, education, and crime prevention. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 4]. International carriage. Any carriage in which, acc. to the agreement bet. the parties, the place of departure and the place of destination, whether or not there be a breach in the carriage or a transshipment, are situated either within the territories of 2 High Contracting Parties or within the territory of a single
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High Contracting Party if there is an agreed stopping place within the territory of another State, even if that State is not a High Contracting Party. [Pan Amer. World Airways v. Rapadas, GR 60673]. May 19, 1992]. International comity. 1. Courteous and friendly agreement and interaction bet. nations. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 47]. 2. The informal and non-mandatory courtesy sometimes referred to as a set of rules to which the courts of one sovereign often defer in determining questions (as of jurisdiction or applicable precedent) when the laws or interests of another sovereignty are involved. International commercial air transport. The carriage by aircraft of persons or property for remuneration or hire or the carriage of mail bet. any 2 or more countries. [Sec. 3, RA 9497]. International community. The body of juridical entities which are governed by international law. It is often traditionally called the family of nations. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 11]. International competitions. International sports competitions which are sanctioned by the Intl. Olympic Committee (IOC) or held every 4 years incl. qualifying championships in team sports wherein only 1 or 2 countries may qualify for the Olympics or World Championships. Competitions granting prize money or those held in honor of any personality or sponsor shall not be included. [Sec. 3, RA 9064]. International Court of Justice (ICJ). The judicial organ of the UN and superseded by the Permanent Court of Intl. Justice under the League of Nations. The World Court, as it is popularly known, is governed by a Statute annexed to the Charter of the UN. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 123]. International Covenant on Civil and Political Rights (ICCPR). A multilateral treaty adopted by the UN General Assembly on Dec. 16, 1966, and in force from Mar. 23, 1976. It commits its parties to respect the civil and political rights of individuals, incl. the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. International custom or Customary international law. [A] source of international law x x x. [T]he 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]. International dispute. An actual disagreement bet. states regarding the conduct to be taken by one of them for the protection or vindication of the interests of the other. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 119]. International ethics. The dealings of states with one another which stress considerations of justice and morality. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 4]. International juridical double taxation. The imposition of income taxes in 2 or more states on the same taxpayer in respect of the same income. International law. 1. Body of rules which regulates the community of nations. [Suarez, Stat. Con., (1993), p. 38]. 2. A
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combination of treaties and customs which regulates the conduct of states amongst themselves. The highest judicial authority of international law is the ICJ and the administrative authority is the UN. International Law Commission. A body created by the General Assembly in 1947 for the promotion of the progressive development of international law and its codification, composed of 25 members, of recognized competence in international law, elected by the General Assembly for a term of 3 years and eligible for re-election. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 6]. International organizations. Intl. Law. Institutions constituted by international agreement bet. 2 or more states to accomplish common goals. The legal personality of these international organizations has been recognized not only in municipal law, but in international law as well. [Sandoval, Pol. Law Reviewer 2003]. International party. An entity whose place of business is outside the Phils. It shall not include a domestic subsidiary of such international party or a coventurer in a joint venture with a party which has its place of business in the Phils. [Sec. 3(p), RA 9285] International port of entry. Any port or seaport declared as such by the relevant authorities where international aircraft or vessels flying routes customarily stop to discharge and load foreign trade goods, repairs, transshipment of cargo, or disembarkation of passengers, and for which reasons customs and immigration officers are stationed thereat for purpose of enforcing the collection of corresponding duties, taxes or fees. [Customs AO 3-95, Dec. 6, 1995]. International public order or public policy. In conflict of laws, the general principle whereby courts may refuse to enforce contracts or foreign judgments or foreign arbitral awards which they deem to be repugnant to the forum's essential principles of morality and justice, or, in some cases, to the basic policies and interests of the forum State. International sale. A sale involving a buyer and seller with places of business in different states. International taxation. The operationalization of the tax system on an international level. As it is, international taxation deals with the tax treatment of goods and services transferred on a global basis, multinational corporations and foreign investments. [Comm. of Int. Rev. v. Procter & Gamble Phil. Mfg. Corp., GR 66838. Dec. 2, 1991]. International transportation. Any transportation in which, acc. to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the transportation or a transshipment, are situated [either] within the territories of 2 High Contracting Parties. [Santos III v. Northwest Orient Airlines, GR 101538. June 23, 1992]. International travelers. Any individual who arrives from a foreign destination, as evidenced by a passport and passenger ticket. [Customs AO 3-95, Dec. 6, 1995]. Internet. An network of electronic networks, a communications medium, and
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an information repository. See World Wide Web. Internet address. A website, bulletin board service, internet chat room or news group, or any other internet or shared network protocol address. [Sec. 3, RA 9775]. Internet cafe or kiosk. An establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purpose of accessing the internet, computer games or related services. [Sec. 3, RA 9775]. Internet content host. A person who hosts or who proposes to host internet content in the Phils. [Sec. 3, RA 9775]. Internet service provider (ISP). A person or entity that supplies or proposes to supply, an internet carriage service to the public. [Sec. 3, RA 9775]. Interplead. To litigate with each other in order to determine which of 2 parties is the rightful claimant against a 3rd party. Interpleader. 1. An action brought by a person against the conflicting claimants to compel them to interplead and litigate their several claims among themselves, whenever conflicting claims upon the same subject matter are or may be made against him, who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants. [Sec. 1, Rule 62, RoC]. 2. A remedy whereby a person who has property whether personal or real, in his possession, or an obligation to render wholly or partially, without claiming any right in both, or claims an interest which in whole or in part is not disputed by the conflicting claimants, comes to court and asks that the persons who claim the said property or who consider themselves entitled to demand compliance with the obligation, be required to litigate among themselves, in order to determine finally who is entitled to one or the other thing. The remedy is afforded not to protect a person against a double liability but to protect him against a double vexation in respect of one liability. [Ocampo v. Tirona, GR147812, Apr. 6, 2005]. Interpotare et concordare leges legibus est optimus interpotandi modus. See Interpretare et concordare leges legibus est optimus interpretandi modus. Interpretare concordare legibus est optimus interpretandi. Lat. Every statute must be so construed and harmonized with other statutes as to form a uniform system of jurisprudence. [Rep. v. Asuncion, 231 SCRA 211, 232 (1994)]. Interpretare et concordare leges legibus est optimus interpretandi modus. Lat. To interpret and reconcile laws so that they harmonize is the best mode of construction. Every statute must be so construed and harmonized with other statutes as to form a uniform system of jurisprudence. [Corona v. CA, GR 97356, Sept. 30, 1992]. Interpretare et concordare leges legibus est optimus interpretandi modus. Lat. Every statute must be so construed and harmonized with other statutes as to form a uniform system of jurisprudence. [Dreamwork Construction, Inc. v. Janiola, GR 184861, June 30, 2009].
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Interpretatio fienda est ut res magis valeat quam pereat. Lat. That construction is to be made so that the subject may have an effect rather than none. Such interpretation is to be adopted so that the law may continue to have efficiency rather than fail. [People v. Simon, GR 93028. July 29, 1994]. Interpretatio talis in ambiguis semper frienda est, ut evitatur inconveniens et absurdum. Lat. In ambiguous things, such a construction is to be made, that what is inconvenient and absurd is to be avoided. Where there is ambiguity, such interpretation as will avoid inconvenience and absurdity is to be adopted. [Comm. of Int. Rev. v. CTA, GR 83736. Jan. 15, 1992]. Interpretation. The act of making intelligible what was before not understood, ambiguous, or not obvious. It is a method by which the meaning of language is ascertained. [NIA v. Gamit, GR 85869. Nov. 6, 1992]. Interpretation of contracts. Such interpretation as would allow the literal meaning of the stipulations of the contract to control, if its terms are clear and leave no doubt upon the intention of the contracting parties. However, if the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former. [Art. 1370, CC]. Interpretative clause. That part of the statute where the legislature defines its own language or prescribes rules for its construction. [Suarez, Stat. Con., (1993), p. 49]. Interpretative rules. Rules designed to provide guidelines to the law which the administrative agency is in charge of enforcing. [Misamis Or. Assoc. of Coco Traders v. DOF Sec., GR 108524. Nov. 10, 1994]. Compare with Legislative rule. Interpretere et concordare legibus est optimus interpretendi. Lat. Every statute must be so interpreted and brought in accord with other laws. [City Warden of the Manila City Jail v. Estrella, 416 Phil. 634, 656 (2001)]. Interrogation. Inquiry; questioning; examination; question. Interrogatories. A set or series of written questions propounded to a party, witness, or other person having information or interest in a case; a discovery device. Interruption. A break: an act of delaying or interrupting the continuity. Interruption of good faith. The cessation of possession in good faith from the moment defects in the title are made known to the possessor, by extraneous evidence or by suit for the recovery of the property by the true owner. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 256]. Interruption of religious worship. Crim. Law. The felony committed by any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion. [Art. 132, RPC]. Intertemporal. Describing any relationship bet. past, present and future events or conditions. Intertemporal law. Intl. Law. The legal rule that the validity of a state's action is determined by the accepted rule of in-
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ternational law at the time the action was taken and not by a rule of law adopted later. Intertemporal law doctrine. Intl. Law. Legal doctrine that practices regarded as lawful in the past will continue to be respected in the future. Inter-union controversy or dispute. A dispute occurring or carried on bet. or among unions. [Pepsi-Cola Sales and Advertising Union v. Sec. of Labor, GR 97092. July 27, 1992]. Compare with Intra-union conflict. Intervene. To enter into a suit as a 3rd party for one's own interests. Intervening cause. An event which occurs between the original improper or dangerous action and the damage itself. Thus, the "causal connection" between the wrong and damages is broken by the intervening cause. Intervenor. A person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof who may, with leave of court, be allowed to intervene in the action. [Sec. 1, Rule 19, RoC]. Intervention. Intl Law. An act by which a state interferes with the domestic or foreign affairs of another state or states through the employment of force or threat of force. Such force may be physical or, in the present state of world affairs, even political or economic. [Sandoval, Pol. Law Reviewer 2003]. Intervention. Rem. Law. 1. A proceeding by which a person who has legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or when he is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in an action [Sec 1, Rule 19, RoC]. 2. A proceeding in a suit or action by which a 3rd person is permitted by the court to make himself a party, either joining plaintiff in claiming what is sought by the complaint, or uniting with defendant in resisting the claims of plaintiff, or demanding something adversely to both of them; the act or proceeding by which a 3rd person becomes a party in a suit pending bet. others; the admission, by leave of court, of a person not an original party to pending legal proceedings, by which such person becomes a party thereto for the protection of some right of interest alleged by him to be affected by such proceedings. [Garcia, v. David, 67 Phil. 279, p. 282]. 3. An action by which a 3rd person who may be affected by a lawsuit is permitted to become a party to the suit. Intervention. Spcl. Law. A series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being. [Sec. 4, RA 9344]. Intervention programs. A series of individualized treatment activities or programs designed to address issues that caused the child to commit an offense .
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These may include counseling, skills, training, education, and other activities that are aimed to improve and enhance the child's psychological, emotional and psychosocial well being. [Rule on Juveniles in Conflict with The Law, AM 02-118-SC, Nov. 24, 2009]. Intestacy. The condition of having died without a valid will. Intestate. 1. Dying without a will. 2. The status of a person who dies without leaving a will. Intestate estate. The estate of a deceased person without a will. The estate is settled by the laws of intestacy provided in the Civ. Code. [Bench Book for Trial Court Judges, p. 3-1]. Compare with Testate estate. Intestate heirs. Also Legal heirs. Succ. 1. Those who inherit by their own right, and those who inherit by the right of representation. [Rosales v. Rosales, GR L40789. Feb. 27, 1987]. 2. [Heirs who succeed] to the estate of the decedent who dies without a valid will, or to the portion of such estate not disposed of by will. They succeed in the absence of a valid will. Intestate succession. Also Legal succession. 1. That which is effected by operation of law in default of a will. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 15]. 2. A succession of property when the deceased has left no will, or when the will has been revoked. Compare with Testamentary succession. Intestinal obstruction. A condition in which the passage of intestinal contents is arrested or seriously impaired. This is due to causes which are either mechanical, vascular or neurogenic. [Rodriguez v. ECC, GR 46454. Sep. 28, 1989]. Intimidate. To frighten or overawe someone, esp. in order to make him do what one wants. Intimidation. Unlawful coercion; extortion; duress; putting in fear. [People v. Alfeche, GR 102070. July 23, 1992, 5th Ed. (1979), 737]. Intimidation to vitiate consent. Requisites: (a) That the intimidation caused the consent to be given; (b) that the threatened act be unjust or unlawful; (c) that the threat be real or serious, there being evident disproportion bet. the evil and the resistance which all man can offer, leading to the choice of doing that act which is forced on the person to do as the lesser evil; and (d) that it produces a well-grounded fear from the fact that the person from whom it comes has the necessary means or ability to inflict the threatened injury to his person or property. [Lichauco de Leon v. CA, GR 80965, 186 SCRA 345 (1990)]. Intimidation to vitiate consent. There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. [Art. 1335, CC]. Intoxicated. Affected by or as if by alcohol; drunk. Intoxicating liquor. Any liquor used as a beverage, and which, when so used in sufficient quantities, ordinarily or com-
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monly produces entire or partial intoxication. Intoxication. A state in which a person's normal capacity to act or reason is inhibited by alcohol or drugs. Intra. A prefix meaning "within, inside of, as in intramural, intravenous. [Pepsi-Cola Sales and Advertising Union v. Sec. of Labor, GR 97092. July 27, 1992]. Compare with Inter. Intra vires. Lat. Within the power. Within the legal power or authority or a person or official or body etc. Intra vires act. Corp. Law. An act which is within the express, implied or incidental powers of the corporation. [Diaz, Bus. Law Rev., 1991 Ed., p. 277]. Compare with Ultra vires act. Intra-corporate controversy. A controversy which arises bet. a stockholder and the corporation. [Philex Mining v. Reyes, 118 SCRA 602, 605, 606]. Intra-corporate controversy. Elements that must concur to determine whether a case involves an intra-corporate controversy, and is to be heard and decided by the branches of the RTC specifically designated by the Court to try and decide such cases: (a) the status or relationship of the parties; and (2) the nature of the question that is the subject of their controversy. [Speed Distribution, Inc. v. CA, GR 149351, Mar. 17, 2004, 425 SCRA 691]. Intra-corporate dispute. A suit arising from intra-corporate relations or bet. or among stockholders or bet. any or all of them and the corporation. Intra-corporate relationship. The types of relationships embraced under Sec. 5(b) [of PD 902-A and which exist]: (a) bet. the corporation, partnership, or association and the public; (b) bet. the corporation, partnership, or association and its stockholders, partners, members, or officers; (c) bet. the corporation, partnership, or association and the State as far as its franchise, permit or license to operate is concerned; and (d) among the stockholders, partners, or associates themselves. The existence of any of the above intra-corporate relations was sufficient to confer jurisdiction to the SEC, regardless of the subject matter of the dispute. This came to be known as the Relationship test. Intra-union conflict. A conflict within or inside a labor union. [Pepsi-Cola Sales and Advertising Union v. Sec. of Labor, GR 97092. July 27, 1992]. Compare with Inter-union controversy or dispute. See also Internal union dispute. Intrigue. A secret or underhand scheme; a plot. Intriguing against honor. Crim. Law. The felony committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of a person. [Art. 364, RPC]. Intrinsic. Belonging naturally; essential. Intrinsic ambiguity. Also Latent ambiguity. It arises when the writing on its face appears clear but there are collateral matters or circumstances which make the meaning uncertain. [Gibson v. Anderson, 265 Ala. 553, 92 So.2d 692, 694 (Ala.1957)]. Compare with Extrinsic or Patent ambiguity.
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Intrinsic fraud. It takes the form of acts of a party in a litigation during the trial, such as the use of forged instruments or perjured testimony, which did not affect the present action of the case, but did present a fair and just determination of the case. [Libudan v. Gil, 45 SCRA 17]. Compare with Extrinsic or collateral fraud. Introduction. Bringing species into the wild that is outside its natural habitat. [Sec. 5, RA 9147]. Introduction of falsified document in a judicial proceeding. Elements: 1. That the offender knew that a document was falsified by another person; 2. That the false document is embraced in Art. 171 or in any subdivisions Nos. 1 or 2 of Art. 172 [of the RPC]; and 3. That he introduced said document in evidence in any judicial proceeding. [Reyes, Rev. Penal Code, Crim. Book Two, 14th Ed., Rev., 1998 ed., p. 246]. Inure. To take effect, to result; to come into operation. Invalid delegation. If there are gaps in the law that will prevent its enforcement unless they are first filled, the delegate will then have been given the opportunity to step in the shoes of the legislature and exercise a discretion essentially legislative in order to repair the omissions. [Guingona v. Carague, GR 94571. Apr. 22, 1991]. Invasion of privacy. The intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. Invent. To create or design something that has not existed before; be the originator of. Invention. 1. Any patented machine, product, process, incl. implements or tools and other related gadgets of invention, utility model and industrial design patents. [Sec. 3, RA 7459]. 2. Any new and useful machine manufactured product or substance, process or any improvement thereof that satisfies the requirement of novelty, utility and operativeness. [Sec. 1, PD 1423]. Invention not considered new or patentable. An invention which shall not be considered new or capable of being patented if it was known or used by others in the Phils. before the invention thereof by the inventor named in an application for patent for the invention; or if it was patented or described in any printed publication in the Phils. or any foreign country more than one year before the application for a patent therefor; or if it had been in public use or on sale in the Phils. for more than one year before the application for a patent therefor; or if it is the subject matter of a validly issued patent in the Phils. granted on an application filed before the filing of the application for patent therefor. [Sec. 9, RA 165]. Inventions not patentable. An invention which shall not be patentable if it is contrary to public order or morals, or to public health or welfare, or if it constitutes a mere idea, scientific principle or abstract theorem not embodied in an invention as specified in Sec. 7 of RA 165, or any process not directed to the making or improving of a commercial product. [Sec. 8, RA 165].
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Inventions patentable. Any invention of a new and useful machine, manufactured product or substance, process, or an improvement of any of the foregoing, which shall be patentable. [Sec. 7, RA 165]. Inventor. The patentee, heir, or assignee, of an invention letters patent, utility model letters or industrial design letters patent. [Sec. 3, RA 7459]. Inventory. 1. An itemized list of supplies or property on hand containing designation or description of each specific article with its valuation. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. A list or schedule or enumeration in writing, containing, article by article, the goods and chattels of a person. [McCullough v. R. Aenlle & Co., GR 1300, Feb. 3, 1904]. Inverse. Reverse. Inverse condemnation. The action to recover just compensation from the State or its expropriating agency. It has the objective to recover the value of property taken in fact by the governmental defendant, even though no formal exercise of the power of eminent domain has been attempted by the taking agency. [Napocor v. Heirs of Sangkay, GR 165828, Aug. 24, 2011]. Invest. To expend money with the expectation of achieving a profit or material result by putting it into financial schemes, shares, or property. Investible funds. Funds of the Real Estate Investment Trust (REIT) that can be placed in investment vehicles other than income generating real estate such as real estate-related assets, managed funds, govt. securities, and cash and cash equivalents. [Sec. 3, RA 9856]. Investigate. 1. To examine, explore, inquire or delve or probe into, research on, study. 2. To observe or study closely: inquire into systematically: to search or inquire into: to subject to an official probe; to conduct an official inquiry. [Cario v. CHR, GR 96681. Dec. 2, 1991]. Investigation. An inquiry, judicial or otherwise, for the discovery and collection of facts concerning the matter or matters involved. [Anti-graft League v. Ortega, GR L-33912. Sep. 11, 1980]. Investment. 1. Equity participation in any enterprise formed, organized or existing under the laws of the Phils. [Art. 44, EO 226, July 16, 1987]. 2. A commitment of money or capital in order to earn a financial return. Investment banker. Any person engaged in the business of underwriting securities issued by other persons, but does not include an investment company, any person who acts as an underwriter in isolated transactions, but not as a part of a regular business, or any person solely by reason of the fact that such person is an underwriter for one or more investment companies. [Sec. 3, RA 2629]. Investment company. Any issuer which is or holds itself out as being engaged primarily, or proposes to engage primarily, in the business of investing, reinvesting, or trading in securities. [Sec. 4, RA 2629]. Investment Incentive Policy Act of 1983. BP 391 enacted on Apr. 28, 1983.
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[Expressly repealed by EO 226 on July 16, 1987]. Investments Promotion Act for Less Developed Areas. BP 44 entitled An Act to promote investments in less developed areas enacted on Nov. 26, 1979. [Expressly repealed by EO 226 on July 16, 1987]. Investor securities or Investor shares. Shares of stock issued by a Real Estate Investment Trust (REIT) or derivatives thereof. [Sec. 3, RA 9856]. Investor. The owner of investor securities or investor shares. [Sec. 3, RA 9856]. Investors and Invention Incentives Act of the Philippines. RA 7459 entitled An Act providing incentives to Filipino investors and expanding the functions of the technology application and promotion institute, appropriating funds therefor, and for other purposes enacted on Apr. 28, 1992. In-vitro diagnostic reagents. Reagents and systems intended for use in the diagnosis of disease or other conditions, incl. a determination of the state of health, in order to cure, mitigate, treat or prevent disease or its sequelae. [Sec. 9, RA 9711]. In vitro fertilization (IVF). A procedure in which eggs (ova) from a woman's ovary are removed. They are fertilized with sperm in a laboratory procedure, and then the fertilized egg (embryo) is returned to the woman's uterus. Invoice. 1. A detailed statement of the nature, quantity and cost of the thing sold and has been considered not a bill of sale. [Norkis Distributors, Inc. v. CA, GR 91029. Feb. 7, 1991]. 2. A list of the items sought to be purchased and their prices. [Ramos v. CA, GR L-39922-25. Aug. 21, 1987]. Involuntarily committed child. A child whose parent(s), known or unknown, has been permanently and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect; abuse; or incompetence to discharge parental responsibilities. [Sec. 3, RA 8552]. Compare with Voluntarily committed child. Involuntary. 1. Done without conscious control. 2. Concerned in bodily processes that are not under the control of the will. Involuntary disappearance. The arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law. See Enforced or involuntary disappearance. Involuntary dissolution. The dissolution of a corporation by the SEC upon filing of a verified complaint and after proper notice and hearing on the grounds provided by existing laws, rules and regulations. [Sec. 121, Corp. Code]. Involuntary entrance. The right of any foreign merchant vessel to enter the territorial waters of a state in case of emergency such as lack of provisions, unseaworthiness of the vessel, inclement weather, pursuit of pirates or other
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force majeure. See Arrival under stress. Compare with Innocent passage. Involuntary proceedings. Proceedings initiated by creditors. [Sec. 4, RA 10142]. Involuntary servitude. 1. A condition of enforced and compulsory service induced by means of any scheme, plan or pattern, intended to cause a person to believe that if he or she did not enter into or continue in such condition, he or she or another person would suffer serious harm or other forms of abuse or physical restraint, or threat of abuse or harm, or coercion incl. depriving access to travel documents and withholding salaries, or the abuse or threatened abuse of the legal process. [Sec. 3, RA 10364]. 2. A condition of enforced, compulsory service of one to another. [Rubi v. Prov. Board of Mindoro, 39 Phil. 660, 708]. 3. The condition of one who is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is paid or not. [Aclaracion v. Gatmaitan, GR L-39115. May 26, 1975]. Involuntary statement. A statement of the accused who was not assisted by counsel which is deemed, in contemplation of law, to be involuntary, even if it were otherwise voluntary, technically. Involuntary trust. See Constructive trust. Iodine deficiency disorder. A broad spectrum of deficiencies resulting from lack of iodine in the diet which leads to the reduction of intellectual and physical capacity affecting everyone who is iodine-deficiency and may manifest as goiter, mental retardation, physical and mental defects, and cretinism. [Sec. 4, RA 8172]. IP Code. RA 8293 also known as the Intellectual Property Code of the Phils. [Sec. 3, RA 9239]. Ipinagbili. Tag. Sold. IPO. See Intellectual Propert Office. IPP. See Independent Power Producer. IPRA. See Indigenous Peoples Rights Act of 1997. Ipse dixit. Lat. He himself said it. It refers to an unsupported statement that rests solely on the authority of the individual asserting the statement. [UP v. Dizon, GR 171182, Aug. 23, 2012]. Also known as the Bare assertion fallacy. Ipso facto. Lat. By the fact itself; by the mere fact. [Angara v. Gorospe, GR L9230. Apr. 22, 1957]. Ipso jure. Lat. By the operation of the law. It is used to describe a situation in which an automatic change of the legal situation takes place as a consequence of some other action. Iridodialysis. The separation or loosening of the iris from its attachment. [Aguja v. GSIS, GR 84846. Aug. 5, 1991]. Iron curtain. Succ. Barrier. Iron curtain rule. Succ. 1. The rule that an illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. [Art. 992, CC]. 2. The rule
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enunciated under Art. 992 of the Civ. Code that provides a barrier or iron curtain in that it prohibits absolutely a succession ab intestato bet. the illegitimate child and the legitimate children and relatives of the father or mother of said illegitimate child. They may have a natural tie of blood, but this is not recognized by law for the purpose of Art. 992. Bet. the legitimate family and the illegitimate family there is presumed to be an intervening antagonism and incompatibility. The illegitimate child is disgracefully looked down upon by the legitimate family; and the family is in turn, hated by the illegitimate child; the latter considers the privileged condition of the former, and the resources of which it is thereby deprived; the former, in turn, sees in the illegitimate child nothing but the product of sin, palpable evidence of a blemish broken in life; the law does no more than recognize this truth, by avoiding further ground of resentment. [Diaz v. IAC, GR 66574. Feb. 21, 1990]. Also known as Rule of barrier bet. the legitimate family and the illegitimate family. See also Rule of barrier bet. the legitimate family and illegitimate. IRR. Implementing Rules and Regulations. Irrefragable. Impossible to refute or controvert; indisputable, [as in] irrefragable evidence. Irrefragably. In an irrefragable state or condition. Irregular execution. As a rule, the failure of the writ to conform to the decree of the decision executed. [Canlas v. CA, GR L-77691. Aug. 8, 1988]. Irregular indorser. Nego. Inst. A person who, not otherwise a party to an instrument, places thereon his signature in blank before delivery. [Sec. 64, NIL]. Irregularities in the performance of duties. The improper performance of some act which might lawfully be done. [Sec. 8, PD 971]. Irrelevant. In pleadings and in objections to questions and manifestations, the term conveys the idea that the matter objected to is not directly connected with, related to, nor in any manner having any bearing to the issue involved. Irrelevant evidence. Evidence which has no probative value. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 7]. Compare with Relevant evidence. Irrelevant requirement. Any document or performance of an act not directly material to the resolution of the issues raised in the request or needed in the application submitted by the client. [Sec. 4, RA 9485]. Irreparable. Impossible to rectify or repair. Irreparable damages. Within the meaning of the rule relative to the issuance of injunction, such damages where there is no standard by which their amount can be measured with reasonable accuracy. [SSS v. Bayona, 5 SCRA 126, 130-131 (1962)]. Irreparable injury. An injury of such constant and frequent recurrence that no fair and reasonable redress can be had therefor in a court of law, or where there is no standard by which their amount can be measured with reasonable accuracy, that is, it is not susceptible of mathematical computation. [Phil. Virginia Tobacco v. De los Angeles, 164 SCRA 555 (1988)]. An injury which can-
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not be adequately compensated in damages due to the nature of the injury itself or the nature of the right or property injured or when there exists no certain pecuniary standard for the measurement of damages. [PAL v. NLRC, GR 120567. Mar. 20, 1998]. Irresistible. Too attractive and tempting or too powerful and convincing to be resisted. Irresistible force. One that must produce such an effect upon the individual that, in spite of all resistance, it reduces him to a mere instrument and, as such, incapable of committing a crime. [People v. Fernando, GR L-24781. May 29, 1970]. Irresistible impulse rule. The rule which provides that a person is considered insane when mental disease has rendered him incapable of restraining himself although he understands what he is doing and knows it is wrong. [Olarte, Legal Med., 1st Ed. (2004), p. 153]. Irresistible impulse test. The test under which a person acts under an irresistible impulse when, by reason of duress or mental disease, he has lost the power to choose bet. right and wrong, to avoid the act in question, his free agency being at the time destroyed. [People v. Dungo, GR 89420. July 31, 1991]. Compare with Delusion impulse test and Right and wrong test. Irretrospectivity. See Prospectivity. Irrevocability rule. [The rule that] once the option to carry-over and apply the excess quarterly income tax against income tax due for the taxable quarters of the succeeding taxable years has been made, such option shall be considered irrevocable for that taxable period and no application for tax refund or issuance of a tax credit certificate shall be allowed therefor. [based on Sec. 76, NIRC of 1997]. Irrevocable. Not able to be changed, reversed, or recovered; final. Irrevocable beneficiary. The person designated to receive the proceeds of the policy in the event of death of the Insured. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 28]. Irrevocable credit. The duration of the letter of credit. What it simply means is that the issuing bank may not without the consent of the beneficiary (seller) and the applicant (buyer) revoke his undertaking under the letter. The issuing bank does not reserve the right to revoke the credit. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991]. Compare with Confirmed letter of credit. Irrevocable letter of credit. One that constitutes a definite undertaking of the issuing bank, provided that the stipulated documents are presented and that the terms and conditions of the credit are complied with: i. if the credit provides for sight payment - to pay, or that payment will be made; ii. if the credit provides for deferred payment - to pay, or that payment will be made, on the date(s) determinable in accordance with the stipulations of the credit; iii. if the credit provides for acceptance - to accept drafts drawn by the beneficiary if the credit stipulates that they are to be drawn on the issuing bank, or to be responsible for their acceptance and payment at maturity if the credit stipulates
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that they are to be drawn on the applicant for the credit or any other drawee stipulated in the credit; iv. if the credit provides for negotiation - to pay without recourse to drawers and/or bona fide holders, draft(s) drawn by the beneficiary, at sight or at a tenor, on the applicant for the credit or on any other drawee stipulated in the credit other than the issuing bank itself, or to provide for negotiation by another bank and to pay, as above, if such negotiation is not effected. [Bank of America v. CA, GR 105395. Dec. 10, 1993]. Irrigable lands. Lands which display marked characteristics justifying the operation of an irrigation system. [Sec. 4, RA 8435]. Irrigated lands. 1. Lands serviced by natural irrigation or irrigation facilities. These include lands where water is not readily available as existing irrigation facilities need rehabilitation or upgrading or where irrigation water is not available year-round. [Sec. 4, RA 8435]. 2. Agricultural lands which are supported by irrigation services. [Sec. 4, RA 7607]. Irrigation. Supplying dry land with water by means of ditches etc. Irrigation district. A public quasi corporation, organized, however, to conduct a business for the private benefit of the owners of land within its limits. They are members of the corporation, control its affairs, and alone are benefited by its operations. It is, in the administration of its business, the owner of its system in a proprietary rather than a public capacity, and must assume and bear the burdens of proprietary ownership. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991]. Irrigation system. A system of irrigation facilities covering contiguous areas. [Sec. 4, RA 8435]. Irrigators' association (IA). An association of farmers within a contiguous area served by a National Irrigation System or Communal Irrigation System. [Sec. 4, RA 8435]. Irritant. Any substance not corrosive which, on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction. [Art. 4, RA 7394]. Irrumation. The act of thrusting of the penis bet. the legs, breasts, feet, upper thighs [also known as Interfemoral sex], mouth and throat, or bet. the abdomens of 2 partners. See Fellatio. Isang dipa. Tag. One arm's length. [People v. Bustos, GR 35475. Mar. 16, 1989]. Isip-bata. Tag. One who thinks like a child despite his age. [People v. Antonio, GR 107950. June 17, 1994]. Islamic banking business. A banking business whose aims and operations do not involve interest [Riba] which is prohibited by the Islamic Shari'a principles. [Sec. 44, RA 6848]. Islam. 1. The religion of the Muslims, a monotheistic faith regarded as revealed through Muhammad as the Prophet of Allah. 2. The Muslim world. Islamic. Muslim: of or relating to or supporting Islamism. Islamic law. The law acc. to the Muslim faith and as interpreted from the Koran. Islamic law is probably best known for
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deterrent punishment, which is the basis of the Islamic criminal system and the fact that there is no separation of church and state. Under Islamic law, the religion of Islam and the govt. are one. Islamic law is controlled, ruled and regulated by the Islamic religion. Isolated. 1. Far away from other places, buildings, or people; remote. 2. Having minimal contact or little in common with others. Isolated distribution system. The low or high voltage backbone system of wires and associated facilities not directly connected to the national transmission system. [Sec. 4, RA 9136]. Isolated transaction. A transaction or series of transactions set apart from the common business of a foreign enterprise in the sense that there is no intention to engage in a progressive pursuit of the purpose and object of the business organization. [Eriks Pte. Ltd. v. CA, GR 118843. Feb. 6, 1997]. ISP. See Internet Service Provider. Issuance of tax declaration on real property without proper certification. The offense committed by any public officer or employee who shall issue a tax declaration on real property without a certification from the Dir. of Forest Devt. and the Dir. of Lands or their duly designated representatives that the area declared for taxation is alienable and disposable lands, unless the property is titled or has been occupied and possessed by members of the national cultural minorities prior to July 4, 1955. [Sec. 75, PD 705]. Issue. 1. The disputed point in a disagreement bet. parties in a lawsuit. 2. To send out officially, as in to issue an order. 3. Nego. Inst. The 1st delivery of the instrument, complete in form, to a person who takes it as a holder. [Sec. 191, NIL]. Issue preclusion. A common law estoppel doctrine that prevents a person from relitigating an issue. See Preclusion of issues. Issue slip. The document used as evidence in the transfer of non-consumable supplies or property from the general services officer, municipal or barangay treasurer, as the case may be, to a department head for issuance to the enduser. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Issued capital stock. The total amount of a company's stock, both common and preferred, that has been issued and represents the total capitalized value of the company. See Outstanding capital stock. Issuer. 1. The originator, maker, obligor, or creator of the security. [Sec. 3, RA 8799]. 2. Every person who issues or proposes to issue any security, or has outstanding any security which it has issued. [Sec. 3, RA 2629]. Issues or Assignment of Errors. Rem. Law. An essential part of a good decision which states both factual and legal issues. On appeal, the assignment of errors, as mentioned in the appellants brief, may be reproduced in toto and tackled seriatim, so as to avoid motions for reconsideration of the final decision on the ground that the court failed to consider all assigned errors that could
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affect the outcome of the case. But when the appellant presents repetitive issues or when the assigned errors do not strike at the main issue, these may be restated in clearer and more coherent terms. [Velarde v. Social Justice Society, GR 159357, Apr. 28, 2004]. Issuing bank. A bank that offers card association branded payment cards directly to consumers. See Opening bank. IT. See information technology. Ita semper fiat relatio ut valeat dispositio. Lat. The interpretation must always be such that the disposition may prevail. [Maddumba v. GSIS, GR 61293. Feb. 15, 1990]. Item. In budgetary legislation and practice, the particulars, the details, the distinct and severable parts of the bill. An indivisible sum of money dedicated to a stated purpose. [Gonzales v. Macaraig, Jr., GR 87636. Nov. 19, 1990]. Item (of an appropriation bill). An item which in itself is a specific appropriation of money, not some general provision of law, which happens to be put into an appropriation bill. [Bengzon v. Sec. of Justice, 299 US 410-416]. Items in a bill. The particulars, the details, the distinct, and several parts of the bill. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 134]. Ius (or Jus). Lat. Law, justice, or right. Ius commune. Lat. Common law. General law that applies where statute does not. It usu. applies in both jurisdictions so that a question of conflict does not apply. It is also a common source of law used in arbitration proceedings. Ius gentium. Lat. The law of nations, referring to Intl. Law. IVF. See In vitro fertilization. Iyot ni inam. Ilok. The 1st word refers to the actual sexual act and the rest refer to mother. Combined the term would be more derogatory than the Tagalog expression "Putang-ina mo." [People v. Rapanut, GR 106817. Oct. 24, 1996].
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-JJAR. See Judicial Affidavit Rule. Jaundice. A morbid condition characterized by yellowness of the eyes, skin and urine, constipation and loss of appetite. [Vda. De Tumolva v. ECC, GR L-46187. Jan. 16, 1986]. JBC. See Judicial and Bar Council. JD. Abbrev. for Juris Doctor or Doctor of Jurisprudence. JDF. See Judiciary Development Fund. Jeep or Jeepneys or Jeepney substitutes. Phil. jeep or jeepneys which are of the jitney type locally designed and manufactured generally from surplus parts and components. It shall also include jeepney substitutes that are manufactured from brand-new single cab chassis or cowl chassis and locally customized rear body that has continuous sideway row seats with open rear door and without retractable glass windows. [RA 9224]. Jeopardize. To put someone or something into a situation in which there is a danger of loss, harm, or failure. Jeopardy. Crim. Law. The peril in which an accused is placed when put on trial before a court of competent jurisdiction upon an indictment or information which is sufficient in form and substance to sustain a conviction. [People v. Vergara, GR 101557-58. Apr. 28, 1993]. Jettison. The throwing overboard of cargo or an attempt to lighten and refloat the vessel which has stranded. [Tiopianco,
Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 109]. Jewelry. Personal ornaments, such as necklaces, rings, or bracelets, that are typically made from or contain jewels and precious metal. Jewelry Industry Development Act of 1998. RA 8502 entitled An Act to promote the development of the jewelry manufacturing industry, providing incentives therefor and for other purposes enacted on Feb. 13, 1998. Job. All the tasks carried out by a particular person in the completion of his prescribed duties. [Sec. 1, Rule 1, Book 2, IRR of LC]. Job contracting or Subcontracting. Labor. An arrangement whereby a principal agrees to put out or farm out to a contractor or subcontractor the performance or completion of a specific job, work or service within a definite or predetermined period, regardless of whether such job, work or service is to be performed or completed within or outside the premises of the principal. [Sasan, Sr. v. NLRC, GR 176240, Oct. 17, 2008]. Job contracting. Labor. Elements: (a) The contractor carries on an independent business and undertakes the contract work on his own account under his own responsibility acc. to his own manner and method, free from the control and direction of his employer or principal in all matters connected with the performance of the work except as to the results thereof; and (b) the contractor has substantial capital or investment in the form of tools, equipment, machineries, work premises, and other materials
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which are necessary in the conduct of his business. [Sec. 8, Rule VIII, LC]. Compare with Labor-only contracting. Job-sharing. Labor. An arrangement where 2 or more employees share one job. This arrangement is sometimes resorted to as an alternative to cutting down on workforce. John Doe. A defendant whose identity or name is unknown. Joinder of causes of action. The assertion by a party, in one pleading, in the alternative or otherwise, as many causes of action as he may have against an opposing party. [Sec. 5, Rule 2, RoC]. Joinder of causes of action. Conditions: (a) The party joining the causes of action shall comply with the rules on joinder of parties; (b) The joinder shall not include special civil actions or actions governed by special rules; (c) Where the causes of action are bet. the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and (d) Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. Joinder of causes of action. Requisites: (a) It will not violate the rules on jurisdiction, venue and joinder of parties, and (b) the causes of action arise out of the same contract, transaction or relation bet. the parties, or are for demands for money or are of the same nature and character. [Rep. v. Hernandez, GR 117209. Feb. 9, 1996]. Joint account. A transaction of merchants where other merchants agree to contribute the amount of capital agreed upon, and participating in the favorable or unfavorable results thereof in the proportion they may determine. [Suggested Answer of the UP Law Center for the 2000 Bar]. Joint account partnership. A business arrangement whereby 2 or more persons interest themselves in the business of another making contributions thereto, and participating in the results of the business. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 14]. Joint account partnership. Features: (a) Only one member is ostensible; the others are silent; (b) no common name; (c) only the ostensible partner can sue or be sued; (d) no common fund. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 14]. Joint adoption by the spouses. Exceptions: (a) When one spouse seeks to adopt his own illegitimate child; or (b) when one spouse seeks to adopt the legitimate child of the other. [Art. 185, FC]. Joint and several. In obligation, the term means solidary where each one of the debtors may be held liable for the entire obligation. [Torres, Oblig. & Cont., 2000 Ed., p. 351]. Joint and several judgment. A judgment which imposes a joint and several obligation. Joint and several liability. 1. A legal doctrine that makes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the
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other parties responsible cannot pay. [Gacayan v. Leao, GR L-33754. Mar. 28, 1983]. 2. The obligation assumed by several persons where each of the debtors is answerable for the whole obligation with the right to seek contribution from his co-debtors. [Phil. Intl. Surety v. Gonzales, GR L-15868. Oct. 31, 1961]. 3. Liability of more than one person for which each person may be sued for the entire amount of damages done by all. Joint and several note. One in which the makers bind themselves both jointly and individually to the payee so that all may be sued together for its enforcement, or the creditor may select one or more as the object of the suit. [Rep. Planters Bank v. CA, GR 93073. Dec. 21, 1992]. Joint and several obligation. In common law, the term corresponds to a civil law solidary obligation; that is, one of several debtors bound in such wise that each is liable for the entire amount, and not merely for his proportionate share. [Rep. Planters Bank v. CA, GR 93073. Dec. 21, 1992]. See also Solidary obligation. Joint custody. A child custody decision which means that both parents shall share joint legal custody and joint physical custody. Joint debtor. One who is an indispensable party with respect to his own share and a necessary party with respect to the share of others. Compare with Solidary co-debtors. Joint indorsement. Nego. Inst. An indorsement payable to 2 or more payees or indorsees. [Sec. 41, NIL]. Joint judgment. A judgment which imposes a joint obligation. Joint liability. Where the joint obligor has the right to insist that the co-obligor be joined as a co-defendant, and that the co-obligor be sued jointly. In other words, where 2 or more parties share liabilities. Joint obligation. 1. [An obligation in which] each obligor answers only for a part of the whole liability and to each obligee belongs only a part of the correlative rights. [Industrial Mgt. Intl. Devt. Corp. v. NLRC, 387 Phil. 659, 666 (2000). 2. An obligation in which each of the debtors is liable only for a proportionate part of the debt, and each creditor is entitled only to a proportionate part of the credit. Hence, in this obligation, each creditor can recover only his share of the obligation, and each debtor can be made to pay only his part. [Quiombing v. CA, GR 93010. Aug. 30, 1990]. Compare with Solidary obligation. Joint Resolution. Legislation similar to a bill that has the force of law if passed by both houses and signed by the Pres., generally used for special circumstances. Joint stock company. In common law countries, an unincorporated association of persons whose ownership interests are represented by transferable shares. The shareholders in such a company have unlimited personal liability. Joint tenancy. A form of legal coownership of property [also known as Survivorship]. At the death of one coowner, the surviving co-owner becomes sole owner of the property. Tenancy by
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the entirety is a special form of joint tenancy bet. a husband and wife. Joint tort feasors. All the persons who command, instigate, promote, encourage, advise, countenance, cooperate in, aid or abet the commission of a tort, or who approve of it after it is done, if done for their benefit. They are each liable as principals, to the same extent and in the same manner as if they had performed the wrongful act themselves. [Lafarge Cement Phils., Inc. v. Continental Cement Corp., GR 155173, Nov. 23, 2004]. Joint trial. A trial where the offenses charged are similar, related, or connected, or are of the same or similar character or class, or involve or arose out of the same or related or connected acts, occurrences, transactions, series of events, or chain of circumstances, or are based on acts or transactions constituting parts of a common scheme or plan, or are of the same pattern and committed in the same manner, or where there is a common element of substantial importance in their commission, or where the same, or much the same, evidence will be competent and admissible or required in their prosecution, and if not joined for trial the repetition or reproduction of substantially the same testimony will be required on each trial. [Palanca v. Querubin, GR L-2951031. Nov. 29, 1969]. Joint venture. 1. An association of persons or companies jointly undertaking some commercial enterprise; generally all contribute assets and share risks. It requires a community of interest in the performance of the subject matter, a right to direct and govern the policy in connection therewith, and duty, which may be altered by agreement to share both in profit and losses. [Kilosbayan v. Guingona, GR 113375. May 5, 1994]. 2. The commitment or agreement by 2 or more persons to carry out a specific or single business enterprise for their mutual benefit, for which purpose they combine their funds, land resources, facilities and services. [Sec. 3, RA 7279]. Joint venture agreement (JVA). An agreement entered into bet. the Govt. and one or more contractors in accordance with Sec. 26(c) of RA 7942. Joint will. A single testamentary instrument which contains the wills of 2 or more persons, jointly executed by them, either for their reciprocal benefit or for the benefit of a 3rd person. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 104]. Joint-indivisible obligation. An obligation where it is joint as to the parties but indivisible as to compliance. [Diaz, Bus. Law Rev., 1991 Ed., p. 25]. Joists. 1. A kind of beam laid horizontally and serving in buildings to support others or for bracing and connecting the parts of the structure. [Choco v. Santamaria, GR 6076. Dec. 29, 1911]. 2. The horizontal timbers that are placed upon the tops of the uprights, that is, what are commonly called beams, intended to serve for connection and main support of the timbers of the different floors that separate the stories of the building. [Choco v. Santamaria, GR 6076. Dec. 29, 1911]. Journal. 1. The official record of the acts of a legislative body. [Tolentino v. Sec. of Finance, GR 115525. Aug. 25, 1994]. 2. A book of original entry in which the happenings or transactions affecting the
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business of a taxpayer are recorded consecutively day by day as they occur. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 34]. 3. An academic or learned periodical. Joy ride. Driving for the purpose of enjoyment or for a "frolic of ones own. [Filamer Christian Institute v. IAC, GR 75112. Aug. 17, 1992]. Judah's belt. A string of firecrackers consisting of either diablos or small triangulos that can number up to a hundred or thereabout and culminating in large firecracker usu. a bawang. [Sec. 2, RA 7183]. Judge. 1. A public officer lawfully appointed to decide litigated questions acc. to law. In its most extensive sense, the term includes all officers appointed to decide litigated questions while acting in that capacity, incl. justice of the peace, and even jurors, it is said, who are judges of facts. [People v. Manantan, GR L14129. July 31, 1962]. 2. A presiding officer of the court. Judge de facto. A person who has the reputation of being the officer he assumes to be and yet is not a good officer in point of law because there exists some defect in his appointment or his right to exercise judicial functions at the particular time [Luna v. Rodriguez, 37 Phil. 186, p. 192]. Judgment. Rem. Law. 1. The adjudication by the court that the defendant is guilty or is not guilty of the offense charged, and the imposition of the penalty provided for by law on the defendant, who pleads or is found guilty thereof. [Sec. 1, Rule 120, RoC]. 2. The decision or sentence of the law given by a court or other tribunal as the result of proceedings instituted therein. It is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and determines the proceeding, and it is regarded as the sentence of the law pronounced by the court on the action or question before it. [Legarda v. CA, GR 94457. Oct. 16, 1997]. See also Summary judgment. Judgment by cognovit actionem. Rem. Law. The acknowledgment and confession by the defendant after service, instead of entering a plea, that the plaintiffs cause of action was just and rightful. [Feria and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p. 626]. Compare with Judgment by confession relicta verificatione. Judgment by confession relicta verificatione. Rem. Law. The confession by the defendant, after pleading and before trial, of the plaintiffs cause of act ion and the withdrawal or abandonment of his plea or other allegations, whereupon judgment shall be entered against him without proceeding to trial. [Feria and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p. 626]. Compare with Judgment by cognovit actionem. Judgment by confession. Rem. Law. One which is rendered against a party upon his petition or consent. It usu. happens when the defendant appears in court and confesses the right of the plaintiff to judgment or files a pleading expressly agreeing to the plaintiff's demand. [De Ocampo v. Florenciano (1960) 107 Phil. 37]. Judgment by confession. Rem. Law. Kinds: (a) A judgment by cognovit ac-
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tionem, and (b) a judgment by confession relicta verificatione. [PNB v. Manila Oil Refining & By-Products Co. Inc., GR L-18103. June 8, 1922] Judgment by consent. Rem. Law. A judgment based on an agreement and which may only be rendered when the parties on both sides ask for it. Judgment debtor. Rem. Law. One who owes money as a result of a judgment in favor of a creditor. [Gacayan v. Leao, GR L-33754. Mar. 28, 1983]. Judgment for credit. Rem. Law. A judgment for back rentals, for the purpose of applying the legal rate of interest. Judgment of conviction. Crim. Law. A final judgment of guilty in a criminal case and the punishment that is imposed. Judgment of conviction. Crim. Law. Requisites: The judgment shall state (a) the legal qualification of the offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances attending the commission, if there are any; (b) the participation of the accused in the commission of the offense, whether as principal, accomplice or accessory after the fact; (c) the penalty imposed upon the accused; and (d) the civil liability or damages caused by the wrongful act to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate action has been reserved or waived. [People v. Valeriano, GR 103604-05. Sep. 23, 1993]. Judgment of nonsuit. Rem. Law. A judgment given against plaintiff when he is unable to prove a case, or when he refuses or neglects to proceed to trial and leaves the issue undetermined. In our jurisdiction, a declaration of nonsuit necessarily involves the rendition of a final order or judgment which terminates plaintiff's cause of action or right of recovery under his complaint which is thereby dismissed. [BA Finance Corp. v. Co, GR 105751. June 30, 1993]. Judgment on plea of limitation of action. Rem. Law. A judgment on the merit bars plaintiff in a subsequent suit on the same cause of action. Judgment on the merits. Rem. Law. 1. 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 the facts of the case. [Mendiola v. CA, GR 122807. July 5, 1996]. 2. A judgment which amounts to a declaration of the law as to the respective rights and duties of the parties, based upon the ultimate fact or state of facts disclosed by the pleadings and evidence, and upon which the right of recovery depends, irrespective of formal, technical or dilatory objection or contentious [Amer. InterFashion Corp. v. OP, GR 92422. May 23, 1991]. See Adjudication on the merits. Judgment on the pleadings. Rem. Law. 1. A judgment which the court, on motion of the adverse party, may direct on such partys pleading where an answer
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fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading. However, in actions for declaration of nullity of marriage or for legal separation the material facts alleged in the complaint shall always be proved. [Sec. 1, Rule 34, RoC]. 2. A judgment on the facts as pleaded [Narra Integrated Corporation v. CA, 398 Phil. 733 (2000)], and is based exclusively upon the allegations appearing in the pleadings of the parties and the accompanying annexes [Sunbanun v. Go, GR 163280, Feb. 2, 2010]. Judgment rendered through negligence. Crim. Law. The felony committed by any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision. [Art. 205, RPC]. Judgment upon a compromise. Rem. Law. A judgment embodying a compromise agreement entered into by the parties in which they make reciprocal concessions in order to terminate a litigation already instituted. [United Housing v. Dayrit, 181 SCRA 285, 293 (1990)]. Compare with Judgment upon confession. Judgment upon confession. Rem. Law. A judgment which is rendered against a party upon his petition or consent. It usu. happens when the defendant appears in court and confesses the right of the plaintiff to judgment or files a pleading expressly agreeing to the plaintiff's demand. [De Ocampo v. Florenciano (1960) 107 Phil. 37]. Compare with Judgment upon compromise. Judicial admission. An admission, verbal or written, made by a party in the course of the proceedings in the same case, not requiring proof and may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. [Sec. 4, Rule 129, RoC]. Compare with Extrajudicial admission. Judicial admissions doctrine. The wellsettled doctrine that judicial admissions cannot be contradicted by the admitter who is the party himself and binds the person who makes the same, and absent any showing that this was made thru palpable mistake, no amount of rationalization can offset it. [Binarao v. Plus Builders, Inc., GR 154430, June 16, 2006, 491 SCRA 49, 54]. Judicial Affidavit. The written sworn statement of a partys witness in a question-and-answer format [together with the party's documentary or object evidence, if any] which, in lieu of the direct testimony of the witness, shall be filed with the court and served on the adverse party, personally or by licensed courier service, not later than 5 days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents. Judicial Affidavit Rule (JAR). The Rule that requires the submission of judicial affidavits in lieu of direct testimonies of witnesses. It provides that when a party [whether plaintiff or defendant] questions his own witness, he no longer needs to place the witness on the witness stand. As a substitute, the party or his lawyer merely submits the written sworn statement of his witness in a question-and-answer format. It also requires each party to the case to attach all his documentary evidence to the judicial affidavit, which, in turn, must be
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submitted at least 5 days before the pre-trial or preliminary conference in the case. Judicial and Bar Council (JBC). A body created under the supervision of the Sup. Court, composed of the Chief Justice as ex officio Chairman, the Sec. of Justice, and representatives of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Sup. Court, and a representative of the private sector. It has the principal function of recommending appointees to the judiciary. [Sec. 8, Art. VIII, 1987 Phil. Consti.]. Judicial authority. The courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense, that is, the Sup. Court and such inferior courts as may be established by law." [Sayo v. Chief of Police, GR L-2128. May 12, 1948]. Judicial Authorization. The written order of the authorizing division of the CA to track down, tap, listen to, intercept, and record communications, messages, conversations, discussions, or spoken or written words of any person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism. [Sec. 8, RA 9372]. Judicial bonds. Those bonds required by laws to be filed by the parties in court proceedings. E.g.: Administrators Bond, Appeal Bond, Attachment Bond, Guardians Bond, Injunction Bond, Receivers Bond, etc. Compare with Non-judicial bonds. Judicial compensation. This takes place when the court permits the counterclaim of the defendant as against the claim of the plaintiff. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Judicial confession. A confession made by the accused before a court in which the case is pending and in the course of legal proceedings therein and, by itself, can sustain a conviction. Compare with Extra-judicial confession. Judicial confirmation of incomplete or imperfect title. The only legal method by which full and absolute title to the land may be granted, to convert the land into a truly private land. To secure such judicial title, only the courts can be resorted to. [Meralco v. Castro-Bartolome, GR 49623; Rep. v. Villanueva, GR 55289, June 29, 1982]. Judicial costs. The statutory allowances to a party to an action for his expenses incurred in the action, and having reference only to the parties and to the amounts paid by them. [Damasen v. Hernando, GR L-49995. Apr. 8, 1981]. Judicial decisions. Decisions of the Sup. Court which apply or interpret the Consti. or the laws and are part of the legal system of the Phils. Though not laws, they are nonetheless evidence of what the laws mean, and it is for this reason that they are part of the legal system of the Phils. [Columbia Pictures v. CA, GR 110318. Aug. 28, 1996]. Judicial decree. A decree issued and entered by the Commissioner of Land Registration, pursuant to an order of the court rendered by the court in a registration case has become final. Also called Decree of Registration.
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Judicial decrees. Those decrees which Art. 407 of the Civ. Code authorizes [to be entered] in the civil registry [such as legal separations, annulments of marriage, declarations of nullity of marriages, adoptions, naturalization, loss or recovery of citizenship, civil interdiction, judicial determination of filiation and changes of name]. [Silverio v. Rep., GR 174689; Oct. 22, 2007]. Judicial deposit or sequestration. It takes place when an attachment or seizure of property in litigation is ordered. [Art. 2005, CC]. Judicial determination of probable cause. Rem. Law. One made by the judge to ascertain whether a warrant of arrest should be issued against the accused. The judge must satisfy himself that based on the evidence submitted, there is necessity for placing the accused under custody in order not to frustrate the ends of justice. [People v. Castillo, GR 171188, June 19, 2009]. Compare with Executive determination of probable cause. Judicial discretion. The exercise of the judge's individual opinion and the law has wisely provided that its exercise be guided by well-known rules which, while allowing the judge rational latitude for the operation of his own individual views, prevent them from getting out of control. [Basco v. Rapatalo, AM RTJ-961335. Mar. 5, 1997]. Judicial due process. Requisites: (a) There must be a court of tribunal clothed with the power to hear and determine the matter before it; (b) jurisdiction shall have been lawfully acquired; (c) the defendant shall have an opportunity to be heard; and (d) judgment shall be rendered upon lawful hearing. [Cruz, Constl. Law, 1998 Ed., p. 108]. Compare with Administrative due process. Judicial function. 1. The faculty of receiving evidence and making factual conclusions in a controversy which must be accompanied by the authority of applying the law to those factual conclusions to the end that the controversy may be decided or determined authoritatively, finally and definitively, subject to such appeals or modes of review as may be provided by law. [Cario v. CHR, GR 96681. Dec. 2, 1991]. 2. [That function exercised by] a tribunal, board, or officer is where it has the power to determine what the law is and what the legal rights of the parties are, and then undertakes to determine these questions and adjudicate upon the rights of the parties. [Liga ng mga Brgy. Natl. v. City Mayor of Manila, 465 Phil. 529, 543 (2004), note 19 at 541]. Compare with Quasijudicial function. Judicial hierarchy. Rem. Law. This is an ordained sequence of recourse to courts vested with concurrent jurisdiction, beginning from the lowest, on to the next highest, and ultimately to the highest. This hierarchy is determinative of the venue of appeals, and is likewise determinative of the proper forum for petitions for extraordinary writs. Judicial hierarchy principle. Rem. Law. The principle stating that a higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate lower courts. Judicial inquiry. Requisites: (a) That the question must be raised by the proper party; (b) that there must be an actual case or controversy; (c) that the ques-
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tion must be raised at the earliest possible opportunity; and, (d) that the decision on the constitutional or legal question must be necessary to the determination of the case itself. [Cruz, Phil. Pol. Law, 1991 ed., p. 235; Dumlao v. Comelec, GR 50245, 22 Jan. 1980]. See also Judicial review, power of. Judicial mistake. A mistake committed by the court in trial. Judicial notice. The cognizance of certain facts which judges may properly take and act on without proof because they already know them. [People v. Tundag, GR 135695-96. Oct. 12, 2000]. Judicial notice. Requisites: (a) The matter must be one of common and general knowledge; (b) it must be well and authoritatively settled and not doubtful or uncertain; and (c) it must be known to be within the limits of the jurisdiction of the court. [State Prosecutors v. Muro, AM RTJ-92-876. Sep. 19, 1994]. Judicial notice, Matters of. Material requisites: (1) the matter must be one of common and general knowledge; (2) it must be well and authoritatively settled and not doubtful or uncertain; and (3) it must be known to be within the limits of the jurisdiction of the court. [Sps. Latip v. Chua, GR 177809, Oct. 16, 2009]. Judicial officer. A magistrate. The terms magistrate and judicial officer have been used interchangeably. Judicial period. The period is fixed by the courts. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Judicial power. The duty of the Courts of Justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the govt. [Sec. 1, Par. 2, Art. VII, 1987 Phil. Consti.]. Judicial process. A writ, warrant, subpoena, or other formal writing issued by authority of law; also the means of accomplishing an end, incl. judicial proceedings, or all writs, warrants, summonses, and orders of courts of justice or judicial officers. It is likewise held to include a writ, summons, or order issued in a judicial proceeding to acquire jurisdiction of a person or his property, to expedite the cause or enforce the judgment, or a writ, warrant, mandate, or other process issuing from a court of justice. [Malaloan v. CA, 232 SCRA 249, 257 (1994)]. Judicial question. A question that is to be passed upon by courts of justice which are manned by judges who have the necessary skill and competence to resolve it. Thus, an administrative, quasijudicial agency is generally not empowered to adjudicate purely judicial questions. Judicial recognition of natural children. Often called Compulsory 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 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.
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15, 1990]. Compare with Voluntary recognition. of natural children. Judicial reconstitution of titles. The following must be present for an order for reconstitution to issue: (a) that the certificate of title had been lost or destroyed; (b) That the documents presented by petitioner are sufficient and proper to warrant reconstitution of the lost or destroyed certificate of title; (c) that the petitioner is the registered owner of the property or had an interest therein; (d) that the certificate of title was in force at the time it was lost and destroyed; and (e) that the description, area and boundaries of the property are substantially the same as those contained in the lost or destroyed certificate of title. [Rep. v. Tuastumban, GR 173210, Apr. 24, 2009]. Judicial records. Records presented to, or belonging to the Sup. Court incl. all the judicial courts and judicial organizations under its jurisdiction. [Sec. 4, RA 9470]. Judicial review. The authority of a court to review the official actions of other branches of govt. Also, the authority to declare unconstitutional the actions of other branches. Judicial review, Power of. Requisites: (a) The existence of an actual and appropriate case; (b) a personal and substantial interest of the party raising the constitutional question; (c) the exercise of judicial review is pleaded at the earliest opportunity; and (d) the constitutional question is the lis mota of the case. [Luz Farms v. Sec. of DAR, 192 SCRA 51 (1990); Dumlao v. Comelec, 95 SCRA 392 (1980); People v. Vera, 65 Phil. 56 (1937)]. See also Judicial inquiry. Judicial stability doctrine. The doctrine of non-interference which has been regarded as an elementary principle of higher importance in the administration of justice that the judgment of a court of competent jurisdiction may not be opened, modified, or vacated by any court of concurrent jurisdiction. [Rep. v. Reyes, 155 SCRA 313 (1987)]. Judicial supremacy. 1. The conscious and cautious awareness and acceptance of the Courts proper place in the overall scheme of government with the objective of asserting and promoting the supremacy of the Constitution. [Dueas, Jr. v. HRET, GR 185401, 21 July 2009]. 2. It is never judicial superiority (for it is co-equal with the other branches) or judicial tyranny (for it is supposed to be the least dangerous branch). [Ibid.]. Judicial supremacy doctrine. 1. The power vested in the judiciary to annul the acts of either the legislative or the executive or of both when not conformable to the fundamental law. [Assoc. of Small Landowners in the Phil. v. Sec. of Agrarian Reform, 175 SCRA 343]. 2. The power of judicial review under the Constitution. [Angara v. Electoral Comm., GR 45081. July 15, 1936]. Judiciary. The branch of govt. invested with judicial power to interpret and apply the law; the court system; the body of judges; the bench. Judiciary Development Fund (JDF). Created by PD 1949, a fund sourced from legal fees to augment the allowances of the members and personnel of the judiciary and to finance the acquisition, maintenance, and repair of office equipment and facilities.
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Judiciary Reorganization Act of 1980, The. BP 129 entitled An Act reorganizing the judiciary, appropriating funds therefor, and for other purposes enacted on Aug. 14, 1981. Judicis est jus dicere, non dare. Lat. It is the duty of a judge to declare the law, not to make it. Judicium non debet esse illusorium; suum effectum habere debet. Lat. A judgment ought not to be illusory; it ought to have its proper effect. [PAL v. CA, GR 49188. Jan. 30, 1990]. Jueteng. An illegal numbers game that involves the combination of 37 numbers against 37 numbers from number 1 to 37 or the combination of 38 numbers in some areas, serving as a form of local lottery where bets are placed and accepted per combination, and its variants. [Sec. 2, RA 9287]. Jugadores. Sp. Gamblers. [US v. Salaveria, GR 13678. Nov. 12, 1918]. Juicio. Sp. 1. Suit; trial. 2. Sanity; right mind. Juicio contradictorio. Sp. Adversarial proceedings. Ordinary action. [Martinez v. Martinez, GR 445. Mar. 31, 1902]. Jumbo regular and special. A kind of sparkler similar to a "fountain" but bigger in size. [Sec. 2, RA 7183]. Jumper. A piece of metal or an electrical conductor used to bypass a safety device in an electrical system. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Junior. 1. In case of identity of names and surnames bet. ascendants and descendants, [this word] can be used only by a son. [Art. 375, CC]. 2. Younger. Lower in rank, tenure, preference, or position. Junior encumbrancer. A lien or mortgage holder who is subordinate to a prior holder or encumbrancer. Compare with Senior encumbrancer. Junior lien. Lien which is subordinate to prior lien. Compare with Senior lien. Junior mortgage. A mortgage which is subordinate to another mortgage, called the priority or prior mortgage. Compare with Senior mortgage. Jura regalia. Lat. Rights which belong to the Crown or to the Government. 1. A concept which "embodied the universal feudal theory that all lands were held from the Crown." [Lee Hong Hok v. David, L-30389, Dec. 27, 1972]. 2. The concept that all natural resources are owned by the State. [Miners Assoc. of the Phil. V. Factoran, GR 98332. Jan. 16, 1995]. See Regalian doctrine. Jurat. Lat. To swear. 1. An act in which an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules; (c) signs the instrument or document in the presence of the notary; and (d) takes an oath or affirmation before the notary public as to such instrument or document. [Sec. 6, Rule II, AM 02-8-13-SC]. 2. The clause written at the foot of an affidavit or sworn declaration showing when, where, and before whom the affidavit was sworn. [Pea, Legal Forms for Conveyancing, 4th Ed. 1994, p. 39].
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Jure. Lat. From Roman law: by right, under legal authority or by the authority of the law. A variation, juris means of right" or "of the law." Jure gestionis. Lat. 1. Private act or acts. 2. A states private, commercial and proprietary acts which are not immune from suit. [US v. Ruiz, 136 SCRA 487, 490-491]. Jure imperii. Lat. 1. Public acts or acts. 2. The sovereign and government acts which is covered by the principle of state immunity from suit. (US v. Ruiz, 136 SCRA 487, 490-491) Jure naturae acquum est neminem cum alterius detrimento et injuria fieri locupletiorem. Lat. No one shall enrich himself at the expense of another. Juridical. Of or relating to judicial proceedings and the administration of the law. Juridical accumulation system. [The system of penalty where] the service of the several penalties imposed on one and the same culprit is limited to not more than 3-fold the length of time corresponding to the most severe and in no case to exceed 40 years. Compare with Material accumulation system and Absorption system. Juridical antecedence. Fam. Law. [The psychological incapacity as a ground to annul a marriage] must be rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage. [Dimayuga-Laurena v. CA, GR 159220, 22 Sept. 2008]. See also Gravity and Incurability. Juridical capacity. The fitness to be the subject of legal relations. [Art. 37, CC]. Compare with Capacity to act. Juridical or Legal tie. The vinculum or the link which binds the parties to an obligation. [Torres, Oblig. & Cont., 2000 Ed., p. 24]. Juridical persons. The following are juridical persons: (a) The State and its political subdivisions; (b) other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted acc. to law; and (c) corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member. [Art. 44, CC]. Juris. Lat. The genitive form of Jus meaning "law". Juris doctor (J.D.) or Doctor of Jurisprudence. The degree commonly conferred by law schools. Juris et de jure. Lat. Of right and from law. Conclusive. [Pakistan Intl. Airlines v. Ople, GR 61594. Sep. 28, 1990]. Juris tantum. Lat. Disputable. [Farolan v. Solmac Marketing Corp., GR 83589. Mar. 13, 1991]. Jurisdiction. From Lat. Jus dicere. The right to speak. 1. The power and authority to hear, try, and decide a case; it does not depend on the regularity of the exercise of that power. [Herrera v. Barreto, 25 Phil. 245 (1913); Century Ins. v. Fuentes, 2 SCRA 1168 (1961)]. 2. The power or authority of a court to hear and try a case; the geographic area in which
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a court has power or the types of cases it has power to hear. 3. Intl. Law. The right of a State to exercise authority over persons and things within its boundaries subject to certain exceptions. Thus, a State does not assume jurisdiction over traveling sovereigns, ambassadors and diplomatic representatives of other States, and foreign military units stationed in or marching through State territory with the permission of the latter's authorities. [Hongkong & Shanghai Banking Corp. v. Sherman, GR 72494. Aug. 11, 1989]. Compare with Venue. Jurisdiction over the person of the defendant. Jurisdiction acquired (by the court) through the following means: voluntary appearance; personal or substituted service of summons. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 28]. Jurisdiction over the person of the plaintiff. Jurisdiction acquired (by the court) from the moment he (the plaintiff) institutes the action by the proper pleading. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 27]. Jurisdiction over the person. The power of a court to render judgment that will be binding on the parties involved, the plaintiff and the defendant. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 27]. Jurisdiction over the res or thing. Jurisdiction over the particular subject matter in controversy, regardless of the persons who may be interested thereon. Said jurisdiction may, for instance, be acquired by coercive seizure of the property by attachment proceedings. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 29]. Jurisdiction over the subject-matter. The power to hear and determine cases of the general class to which the proceedings in question belong. [Reyes v. Diaz, GR 48754. Nov. 26, 1941]. Jurisdiction, Exercise of. The decision of all other questions arising in the case where there is jurisdiction of the person and subject matter. [Herrera v. Baretto, GR 8692. Sep. 10, 1913]. Jurisdictional facts. Those facts which would give the court jurisdiction over the proceedings, such as residence of the minor or incompetent, or the location of his property, or the residence of the person desiring to adopt. Jurisprudence. 1. Science of law. Case law, or the legal decisions which have developed and which accompany statutes in applying the law against situations of fact. 2. The study of law and the structure of the legal system. Jurisprudence constante. In civil law, a settled, fixed or invariable principle of law. Jury. A certain number of men and women selected acc. to law and sworn to try a question of fact or indict a person for public offense. Jus. Lat. Word which, in Roman law, means the law or a right. Also spelled Jus in some English translations. Jus abutendi. Lat. The right to consume the thing by its use. [Distelleria Washington, Inc. v. La Tondea Distillers, Inc., GR 120961, Oct. 2, 1997]. Jus ad bellum. Lat. The right to initiate war. The rights of states to start wars.
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Jus ad rem. Lat. A real right. Jus alienis rebus utendi fruendi salva rerum substantia. Lat. The right to enjoy the property of another with the obligation of preserving its form and substance. [Vda. De Barreto v. Mapa, GR 45475. Nov. 16, 1937]. Jus civile. Lat. Civ. Law. The Roman law applied to Roman citizens. Jus cogens. Lat. Compelling law. Intl. Law. 1. Norms that command peremptory authority, superseding conflicting treaties and custom. Jus cogens norms are considered peremptory in the sense that they are mandatory, do not admit derogation, and can be modified only by general international norms of equivalent authority. [Vinuya v. Romulo, GR 162230, Apr. 28, 2010]. 2. A peremptory norm of general international law accepted and recognized by the international community as whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character. [Sandoval, Pol. Law Reviewer 2003]. Jus commune. Lat. The common right. Law based on Roman law, canon law, and the interpretations of glossators and commentators, and common to Europe at the beginning of the Renaissance. Jus contra bellum. Lat. Law on the prevention of war. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 91]. Jus dare. Lat. To make law or give law. [Office of Court Admin. V. Pascual, AM MTJ-93-783. July 29, 1996]. Jus dicere. Lat. To interpret the law. [Office of Court Admin. V. Pascual, AM MTJ-93-783. July 29, 1996]. Jus dicere, non jus dare. Lat. To declare the law, not to make it. [Used in Uson v. Diosomito, GR L-42135, June 17, 1935]. Jus disponendi. Lat. 1. Right to dispose. 2. The power of the owner to alienate, encumber, transform and even destroy the thing owned. [Distelleria Washington, Inc. v. La Tondea Distillers, Inc., GR 120961, Oct. 2, 1997]. Jus fruendi. Lat. Right to receive the fruits. Jus gentiun. Lat. Law of nations. [Co Cham v. Tan Keh, GR L-5. Sep. 17, 1945]. The Roman law applied to dealings bet. non-Romans as well as to dealings bet. Romans and non-Romans. Jus gestionis. Lat. Proprietary rights exercised by the State. [Rep. v. Sandiganbayan, GR 90478. Nov. 21, 1991]. Jus imperii. Lat. The right of eminent domain exercised by the State. [Rep. v. Sandiganbayan, GR 90478. Nov. 21, 1991]. Jus in bello. Lat. The law during war. The law regulating combat or the waging of war. Jus in re. Lat. A real right. Jus in re aliena. Lat. Right in the property of another person. [Gabuya v. Cruz, 38 SCRA 98]. Jus luminum. See Easement of light.
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Jus naturale. Lat. Natural law. Law inherent in nature that may be ascertained by reason. Jus possessionis. Lat. Right of possession. Jus possidendi. Lat. Right to possess. Jus postlimini doctrine. The doctrine holding that when a territory has been occupied by the enemy comes again into the power of the state during the progress of a war through conquest or otherwise, the legal state of the things existing prior to the hostile occupation is re-established. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 36]. Jus projitiendi. Lat. Continuous easements. [Cortes v. Yu-tibo, GR 911. Mar. 12, 1903]. Jus sanguinis. Lat. Right of blood. Jus sanguinis doctrine. The principle adhered to by the Phil. law on citizenship under which a child follows the nationality or citizenship of the parents regardless of the place of his/her birth. Jus soli. Lat. Right of soil. Jus soli doctrine. The principle under which the nationality or citizenship of a child is determined on the basis of the place of his/her birth. Jus spatiandi et manendi. Lat. Referring to a legal right of way, and to enjoyment, granted to the public but only for the purposes of recreation or education, such as upon parks or public squares. Very similar to an easement of which some courts have said a jus spatiandi is a special type. Jus spillitiendi. Lat. Apparent easements. [Cortes v. Yu-tibo, GR 911. Mar. 12, 1903]. Jus summi imperu. Lat. The absolute right to govern. [Frivaldo v. Comelec, GR 120295. June 28, 1996]. Jus suum quique tribuere. Lat. To render to every man his due. [In re: Jurado, AM 93-2-037 SC. Apr. 6, 1995]. Jus tertii. Lat. Third party rights. The legal classification for an argument made by a 3rd party, as opposed to the legal title holder, which attempts to justify entitlement to possessory rights based on the showing of legal title in another person. By showing legitimate title in another person, jus tertii arguments imply that the present possessors interest is illegitimate or that the present possessor is a thief. Jus tertii standing. See Standing jus terii. Jus utendi. Lat. The right to receive from the thing what it produces. [Distelleria Washington, Inc. v. La Tondea Distillers, Inc., GR 120961, Oct. 2, 1997]. Jus vindicandi. Lat. The right to recover. [Suarez, Intro. to Law, 1995 3rd Ed., p. 83]. Jus vitae ac necis. Lat. The right of life and death. [Espiritu v. Ca, GR 115640. Mar. 15, 1995]. Just. A very short time ago. [Umil v. Ramos, GR 81567. Oct. 3, 1991]. Just compensation. The full and fair equivalent of the property sought to be expropriated. The measure is not the taker's gain but the owner's loss. The
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compensation, to he just, must be fair not only to the owner but also to the taker. Even as undervaluation would deprive the owner of his property without due process, so too would its overvaluation unduly favor him to the prejudice of the public. [Berkenkotter v. CA, GR 89980. Dec. 14, 1992]. Just debts. Those claims the existence and justness of which are admitted by the debtor. [Uy v. Magallanes, Jr., AM P-00-1421, Apr. 11, 2002]. Just title. That which is legally sufficient to transfer the ownership or the real right to which it relates. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 283284]. Just cause. A reasonable and lawful ground for action. Just-cause dismissal. Labor. A form of termination usu. initiated by the employer, where the latter is not legally bound to pay separation pay. [Poquiz, Labor Rel. Law, 1999 Ed. p. 349]. Justice. Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Justiciable. Issues and claims capable of being properly examined in court. Justiciable controversy. An actual controversy, or the ripening seeds of one which exists bet. the parties, all of whom are sui juris and before the court, and that the declaration sought will help in ending the controversy. A doubt becomes a justiciable controversy when it is translated into a claim of right which is actually contested. [ Intl. Hardwood v. UP, GR 52518. Aug. 13, 1991]. Justifying circumstances. Those circumstances wherein the acts of the actor are in accordance with law and hence, he incurs no criminal and civil liability. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 51]. Justitia est constans et perpetua voluntas jus suum cuique tribuendi. Lat. Justice is a constant and perpetual determination to render to everyone what is due him. Justitia nemini neganda est. Lat. Justice is to be denied to none. [Phil. Geothermal. Inc. v. NLRC, 236 SCRA 371 (1994)]. Juvenile. A young person; a child. Juvenile delinquency. The participation in illegal behavior by minors (juveniles or individuals younger than the statutory age of majority). Juvenile Justice and Welfare Act of 2006. RA 9344 entitled An Act Establishing a Comprehensive Juvenile Justice And Welfare System, Creating the Juvenile Justice and Welfare Council Under the DOJ, Appropriating Funds Therefor and for Other Purposes enacted on Apr. 28, 2006. Juvenile justice and welfare system. A system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, incl. programs and services for prevention, diversion, rehabilitation, reintegration and aftercare to ensure their normal growth and development. [Sec. 4, RA 9344].
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-KKadyut lang. Vis. For a moment. [People v. Lo-ar, GR 118935. Oct. 6, 1997]. Kaingin. A portion of the forest land, whether occupied or not, which is subjected to shifting and/or permanent slash-and-burn cultivation having little or no provision to prevent soil erosion. [Sec. 3, PD 705]. Kainginero. farmer. Tag. A. slash-and-burn
Kalikasan. Tag. Nature. Kalikasan, Writ of. A remedy available to a natural or juridical person, entity authorized by law, PO, NGO, or any public interest group accredited by or registered with any govt. agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in 2 or more cities or provinces. [Rules of Procedure for Environmental Cases, AM 09-6-8-SC, Apr. 29, 2010]. Kaliwaan. Tag. 1. Simultaneous delivery of the object and the consideration therefor. 2. Simultaneous giving of market money by the poseur-buyer and handing over of the drugs by the pusher. [People v. Ponsica, GR 108176. Feb. 14, 1994]. Kasama. Tag. Tenant, not worker or laborer. [Delos Reyes v. Espineli, GR L28280-81. Nov. 28, 1969].
Kasambahay or Domestic worker. Any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or yaya, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. The term shall not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e. baon, transportation, school projects and school activities. [Sec. 4, RA 10361]. Katarungan. Tag. Justice. Katarungang Pambarangay. Also Barangay Justice. The barangay conciliation system established under PD 1508 and continued under the RA 7160 (LGC of 1991). Katuwaan. Tag. Pure deviltry. Keeper, watchman and visitor of opium den. Crim. Law. The felony committed by: 1. anyone who shall act as a keeper or watchman of a dive or resort where any prohibited drug is used in any manner contrary to law; and 2. any person who, not being included in the provisions of Art. 190 of the Rev. Penal Code, shall knowingly visit any dive or resort of the character referred to therein. [Art. 191, RPC]. Kelvin. The base unit of the thermodynamic temperature which is the fraction 1/273.16 of the thermodynamic temperature of the triple point of water. [Sec. 4, BP 8].
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Kidnap. To take someone away illegally by force, typically to obtain a ransom. Kidnapping. The unlawful and carrying away of a human being by force and against his will. Kidnapping. Elements: (a) The offender is a private individual; (b) he kidnaps or detains another, or in any manner deprives the latter of his liberty; (c) the act of detention or kidnapping must be illegal; and (d) in the commission of the offense, any of the following circumstances is present: (1) the kidnapping or detention lasts for more than 3 days; (2) it is committed by simulating public authority; (3) any serious physical injuries are inflicted upon the person kidnapped or detained, or threats to kill him are made; or (4) the person kidnapped or detained, is a minor, a female, or a public officer. If the victim is a minor, or is kidnapped or detained for the purpose of extorting ransom, the duration of detention becomes immaterial. [People v. Bringas, GR 189093, Apr. 23, 2010]. Kidnapping and failure to return a minor. Crim. Law. The felony committed by any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians. [Art. 270, RPC]. Kidnapping and failure to return a minor. Crim. Law. Elements: (a) The offender has been entrusted with the custody of the minor, and (b) the offender deliberately fails to restore said minor to his parents or guardians. [People v. Ty, GR 121519. Oct. 30, 1996]. Kidnapping and serious illegal detention. Crim. Law. The felony committed by any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty: (a) if the kidnapping or detention shall have lasted more than 5 days; (b) if it shall have been committed simulating public authority; (c) if any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made; or (d) if the person kidnapped or detained shall be a minor, female or a public officer. The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense. [Art. 267, RPC]. Kidnapping and serious illegal detention. Crim. Law. Elements: (1) The offender is a private individual; not either of the parents of the victim or a public officer who has a duty under the law to detain a person; (2) he kidnaps or detains another, or in any manner deprives the latter of his liberty; (3) the act of detention or kidnapping must be illegal; and (4) in the commission of the offense, any of the following circumstances is present: (a) the kidnapping or detention lasts for more than 3 days; (b) it is committed by simulating public authority; (c) any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made or (d) the person kidnapped or detained is a minor, female or a public official. [People v. Mamantak, GR 174659, July 28, 2008]. Kilberg doctrine. Conf. of Laws. A rule to the effect that the forum is not bound by the law of the place of injury or death as to the limitation on damages for wrong-
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ful act because such rule is procedural and hence the law of the forum governs on this issue. [Agpalo, Conflict of Laws, p. 6]. Kill. To cause the death of a person, animal, or other living thing. Killing. An act of causing death, esp. deliberately. Killing under exceptional circumstances. Requisites: (a) That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person; (b) that he or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter; (c) that he has not promoted or facilitated that prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse. [People v. Gelaver, GR 95357. June 9, 1993]. Kiln. A furnace or oven for burning, baking, or drying, esp. one for calcining lime or firing pottery. Kiln-drying. A process by which the moisture content of the lumber is reduced to prevent the wood from warping. Kilogram. The base unit of mass which is equal to the mass of the international prototype of the kilogram, made of platinum-iridium, the standard of which is kept at the Bu. of Intl. Weights and Measures at Sevres, France. [Sec. 4, BP 8]. Kilometer. A linear measure equivalent to 062 miles, under metric system. Kilometrage. A compensation of so much per kilometer allowed to officers traveling on the public business, or to any person authoritatively summoned in respect to a matter of public importance, as to a witness. Kin. A blood or marriage relative; as in next of kin which refers to the closest relative. Kinakapatid. Tag. Godbrother. [Cuison v. CA, GR 88539. Oct. 26, 1993]. Kinakasama. Tag. Concubine; mistress. Kind. The term denotes a grouping, a class, grade, or genus and encompasses several objects or materials with similar traits or characteristics. [People v. Torres, GR 111289. Aug. 11, 1995]. Kindergarten. A school or class that prepares children for 1st grade. A child in kindergarten is typically 5 or 6 years old. Kindergarten education. 1 year of preparatory education for children at least 5 years old as a prerequisite for Grade I. [Sec. 4, RA 10533]. Kindred. A group of related persons, as a clan or tribe. Kinilaw. Tag. 1. Raw fish salad. [People v. Carcedo, GR 48085. June 26, 1991]. 2. A dish composed of raw fish steeped in vinegar. [People v. Gaudia, GR 146111. Feb. 23, 2004]. Kinulata. Tag. Struck or hit with the butt of a rifle. Kiskisan. Tag. Ricemill. [Vda. De Limjoco v. Dir. of Commerce, GR L-17640. Nov. 29, 1965].
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Kite. 1. N. A check drawn against uncollected funds in a bank account. [Perez v. People, GR L-43548. June 29, 1981]. 2. V. To secure the temporary use of money by issuing a negotiating worthless paper and then redeeming such paper with the proceeds of similar paper, ad infinitum. [See Associated Citizens Bank v. Ople, L-48896, Feb. 24, 1981). Know-how. Practical expertise acquired from study, training, and experience. Knowingly. 1. Consciously, intelligently, willfully, or intentionally. [Urada v. Mapalad, AM MTJ-91-622. Mar. 22, 1993, 5th Ed., 784]. 2. With knowledge, willfully or intentionally with respect to a material element of an offense. Knowingly rendering an unjust judgment. Crim. Law. Elements: (a) The offender is a judge; (b) he renders a judgment in a case submitted to him for decision; (c) the judgment is unjust; and, (d) the judge knows that his judgment is unjust [Reyes, The Rev. Penal Code (1977), Bk. II, p. 340]. The gist of the offense therefore is that an unjust judgment be rendered maliciously or in bad faith, that is, knowing it to be unjust. [Annotation: Malfeasance and Misfeasance of Judges (Knowingly Rendering Unjust Judgment), 55 SCRA 308, 313314]. Knowingly rendering unjust judgment. Crim. Law. 1. The felony committed by any judge who shall knowingly render an unjust judgment in any case submitted to him for decision. [Art. 204, RPC]. 2. Rendering a judgment patently contrary to law or not supported by the evidence with deliberate intent to perpetrate an injustice. [Lumapas v. Tamin, 334 SCRA 391 (2000); Naval v. Panday, 275 SCRA 654 (1997)]. Knowledge. A mental state of awareness about a fact. [Dizon-Pamintuan v. CA, GR. 111426. July 11, 1994]. Knowledge of a particular fact. Cognizance, consciousness or awareness of a particular fact, or awareness of the existence of something, or acquaintance with facts, or having something within the mind's grasp with certitude and clarity. [Dizon-Pamintuan v. CA, GR. 111426. July 11, 1994]. Kristo. Tag. Cockpit bet caller. [People v. Ganzagan, Jr. GR L-113793. Aug. 11, 1995]. Kulafo. A local wine. [People v. Buyok, GR 109771. Aug. 25, 1994]. Also called Vino Kulafu or Kulafu. Kulafu. See Kulafo. Kulam. Tag. 1. A curse. [People v. Oliquino, GR 94703. May 31, 1993]. 2. Witchcraft, sorcery. [People v. Sario, GR L20754 & L-20759. June 30, 1966]. Kulambo. Tag. Mosquito net. Kulang sa isip. Tag. Suffering from mental deficiency. [People v. Pamor, GR 108599. Oct. 7, 1994]. Kulang-kulang. Tag. 1. Slightly less than needed or expected; 2. Stupid. 3. Unbalanced mentally. 4. Imbecile. Kulangot. Tag. Dried mucus in the nose; booger. Kulata. Butt of a rifle or firearm. Kwitis. See Sky rocket.
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-LLabel. A display of written, printed, or graphic matter upon the immediate container [not incl. package liners] of any article. [Sec. 4, RA 9296]. Label or Labeling. 1. The display of written, printed or graphic matter on any consumer product its immediate container, tag, literature or other suitable material affixed thereto for the purpose of giving information as to identify, components, ingredients, attributes, directions for use, specifications and such other information as may be required by law or regulations. [Art. 4, RA 7394]. 2. A display of written, printed, or graphic matter upon, the immediate container of any article and a requirement made by or under authority of RA 9711 that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or easily legible through the outside container or wrapper. [Sec. 9, RA 9711]. Labia majora. Legal Med. Homologous to the halves of the scrotum in the male which is firm and elastic and its medial borders are usu. in close contact with each other. [Olarte, Legal Med., 1st Ed. (2004), p. 123]. Labia minora. Legal Med. Also called Nymphae. The cutaneous folds which lie medial to the labia majora and are soft, pinkish and in close contact with one another, with a narrow vestibule. [Olarte, Legal Med., 1st Ed. (2004), p. 123].
Labo doctrine. Elec. Law. The rule [declared by the Sup. Court in the case of Labo v. Comelec, GR 105111. July 3, 1992] that the ineligibility of a candidate receiving majority of votes does not entitle the eligible candidate receiving the next highest number of votes to be declared elected. A minority or defeated candidate cannot be deemed elected to the office. In other words, the votes cast for an ineligible or disqualified candidate cannot be considered stray. [Ang Bagong Bayani -OFW Labor Party v. Comelec, GR 147589, June 25, 2003]. Compare with Grego doctrine. Labor. Physical toil, although it does not necessarily exclude the application of skill, thus there is skilled and unskilled labor. [Azucena, The Labor Code with Comments and Cases, 4th Ed. 1999, p. 8]. Labor-management committee (LMC). A negotiating body in a business enterprise composed of the representatives of labor and management created to establish a productivity incentives program, and to settle disputes arising therefrom in accordance with Sec. 9 of RA 6971. [Sec. 4, RA 6971]. Labor-only contracting. 1. This occurs where the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were
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directly employed by him. [Art. 106, LC]. 2. [This exists] when the contractor or sub-contractor merely recruits, supplies or places workers to perform a job, work or service for a principal. [Escario v. NLRC, 388 Phil. 929, 938 (2000)]. Compare with Job contracting. Labor administration. Cases where farm workers are employed wholly in the agricultural production. [Sec. 166, RA 3844]. Labor Arbiter. The govt. official which has the exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or non agricultural: (a) unfair labor practice cases; (b) unresolved cases in collective bargaining, incl. those which involve wages, hours of work and other terms and conditions of employment; and (c) all other cases arising from employer-employee relations duly indorsed by the Regional Directors in accordance with the provisions of the Labor Code. [Art. 217, LC]. Labor Code of the Philippines. PD 442 entitled A Decree instituting a Labor Code, thereby revising and consolidating labor and social laws to afford protection to labor, promote employment and human resources development and ensure industrial peace based on social justice signed into law on May 1, 1974 and took effect on Nov. 1, 1974. Labor dispute. Also known as Industrial dispute. 1. Controversy concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. [Sec. 2(j), RA 875]. 2. Any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employers and employees. [Art. 212 (1), LC]. Labor force. All the members of a particular organization or population who are able to work. Labor in hooking. The term can consist only of attaching the hook of the derrick's boom to the sling or net holding a cargo in order that said cargo may be lifted into the carrying vessel. The "labor in hooking" could then conceivably require the services of one person to do the attaching of the hook to the net or sling. [First Plywood Corp. v. CA, GR 84460. Nov. 13, 1992]. Labor intensive. Requiring a large expenditure of labor but not much capital. Labor legislation. Statutes, regulations and jurisprudence governing the relations bet. capital and labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment. [Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed. 1999, p. 7]. Labor organization. 1. Any labor union or any auxiliary thereof, such as a cooperative, a credit union and an institution engaged in research, education or communications. [Sec. 2, PD 823]. 2. Any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of
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dealing with employers concerning terms and conditions of employment. [Art. 212, LC]. Labor relations. All aspects of employeremployee relationship which involve concerted action on the part of the workers. It is usu. associated with all the ramifications of collective bargaining and negotiations and concerted activities such as strike, picket, mass leave and the like. [Poquiz, Labor Rel. Law, 1999 Ed. p. 2]. Labor relations law. The law which defines the status, rights and duties, and the institutional mechanisms, that govern the individual and collective interactions of employers, employees or their representatives. [Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed. 1999, p. 7]. Labor sector. The industrial labor group, which includes all non-agricultural workers and employees. [Sec. 2, EO 198, June 18, 1987]. Labor standards. The minimum requirements prescribed by existing laws, rules, and regulations relating to wages, hours of work, cost of living allowance and other monetary and welfare benefits, incl. occupational, safety, and health standards [Maternity Children's Hospital v. Sec. of Labor GR 78909. June 30, 1989]. Labor standards law. The law which sets out the minimum terms, conditions and benefits of employment that employers must provide or comply with and to which employees are entitled as a matter of legal right. [Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed. 1999, p. 7]. Labor statutes. Laws that govern the rights and obligations of employers and employees, providing as well for the rules by which such rights and obligations may be enforced. [Suarez, Stat. Con., (1993), p. 91]. Labor union. A combination or association of workers organized for the purpose of securing favorable wages, improved labor conditions, better hours of labor, etc., and righting grievances against employers. Labor union constitution. A covenant bet. the union and its members and among the members. [Johnson and Johnson Labor Union-FFW v. Dir. of Labor Rel., GR 76427. Feb. 21, 1989]. Laboratory. A room or building equipped for scientific research, or teaching, or for the manufacture of drugs or chemicals. Laboratory equipment. The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative or purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute. [Sec 3, RA 9165]. Laborer. A synonym of Employee. Every person who has entered the employment of, or works under a service or apprenticeship contract for an employer. It does not include a person whose employment is purely casual and is not for the purposes of the occupation or business of the employer. Any reference to the person dependent on him, is defined in Act 3428, as amended, if the context so requires, or, if the employee is a mi-
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nor or incapacitated, to his guardian or nearest of kin. [Sec. 39 [b], Act 3428, as amended by RA 722]. Labor-only contracting. A prohibited act, [it] is an arrangement where the contractor or subcontractor merely recruits, supplies or places workers to perform a job, work or service for a principal. [Sasan, Sr. v. NLRC, GR 176240, Oct. 17, 2008]. Labor-only contracting. Elements: i) The contractor or subcontractor does not have substantial capital or investment which relates to the job, work or service to be performed and the employees recruited, supplied or placed by such contractor or subcontractor are performing activities which are directly related to the main business of the principal; or ii) the contractor does not exercise the right to control over the performance of the work of the contractual employee. [Escario v. NLRC, 388 Phil. 929, 938 (2000)]. Lacerated wound. Tear of the skin due to forcible contact with a blunt instrument. The edges of the wound are irregular and do not correspond with the wounding instrument. It is usu. accompanied with varying degrees of swelling and contusion. Laceration. A wound that is torn rather than cut. It has rugged, irregular edges and masses of torn or mashed tissue underneath. Laches. Also known as Stale demand. 1. The failure or neglect for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting the presumption that the party entitled to assert it either has abandoned or declined to assert it. Such neglect or omission to assert a right taken in conjunction with the lapse of time and other circumstances causing prejudice to an adverse party, as will operate as a bar in equity. [Heirs of Batiog Lacamen v. Heirs of Laruan 65 SCRA 125 (1975), Victoriano v. CA, 194 SCRA 19, 24 (1991)]; Jacob v. CA, 224 SCRA 189, 196 (1993)]. 2. A legal doctrine whereby those who take too long to assert a legal right, lose their entitlement to compensation. Laches. Elements: (a) Conduct on the part of the defendant, or of one under whom he claims, giving rise to the situation complained of; (b) delay in asserting complainant's right after he had knowledge of the defendant's conduct and after he has an opportunity to sue; (c) lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit; and (d) injury or prejudice to the defendant in the event relief is accorded to the complainant. [Claverias v. Quingco, 207 SCRA 66, 83 (1992); Buenaventura v. CA, 216 SCRA 818, 824 (1992)]. Laches, Doctrine of. Also Doctrine of stale demands. 1. [A doctrine] based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and x x x is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. [Tijam v. Sibonghanoy, 23 SCRA 29 (1968)]. 2. The time-honored rule anchored on public policy that relief will be denied to a litigant whose claim or demand has become stale, or who has acquiesced for
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an unreasonable length of time, or who has not been vigilant or who has slept on his rights either by negligence, folly or inattention. [Arradaza v. CA, 170 SCRA 12, 20 (1989)]. Lack of capacity to sue. A plaintiff's general disability to sue, such as on account of minority, insanity, incompetence, lack of juridical personality or any other general disqualifications of a party. [Columbia Pictures v. CA, GR 110318. Aug. 28, 1996]. Compare with Lack of personality to sue. Lack of capacity to sue doctrine. The doctrine of lack of capacity to sue based on failure to first acquire a local license is based on considerations of public policy. It was never intended to favor nor insulate from suit unscrupulous establishments or nationals in case of breach of valid obligations or violations of legal rights of unsuspecting foreign firms or entities simply because they are not licensed to do business in the country. [Facilities Mngt. Corp. v. De la Osa, GR L-38649, Mar. 26, 1979, 89 SCRA 131]. Lack of cause of action. Civ. Pro. The situation where the evidence [which] does not sustain the cause of action alleged is raised in a demurrer to evidence under Rule 33 [of the Rules of Court] after the plaintiff has rested his case and can be resolved only on the basis of the evidence he has presented in support of his claim. [Domondon v. Lopez, AM RTJ-02-1696, June 20, 2002]. Compare with Failure to state a cause of action. Lack of jurisdiction. Lack of power or authority to act in a particular manner or to give a particular kind of relief. It refers to a courts total lack of power or authority to entertain a case or to take cognizance of a crime. See Without jurisdiction. Lack of legal capacity to sue. The term means either that the plaintiff does not have the necessary qualifications to appear in the case, or when he does not have the character or representation which he claims, as, when he is not a duly appointed executor or administrator of the estate he supports to represent or that the plaintiff is not a corporation duly registered in accordance with law. [Recreation and Amusement Assoc. of the Phils. v. City of Manila, GR L-7922. Feb. 22, 1957]. Lack of personality to sue. 1. It means that plaintiff is not the real party in interest. [Casimiro v. Roque, 98 Phil. 880 (1956); Gonzales v. Alegarbes, 99 Phil. 213 (1956)]. 2. It refers to the fact that the plaintiff is not the real party in interest. [Columbia Pictures v. CA, GR 110318. Aug. 28, 1996]. Compare with Lack of capacity to sue. Lack of standing. When a plaintiff is not qualified to appear before the forum court. Lactation. The secretion of milk by the mammary glands. Lactation management. The general care of a mother-infant nursing couple during the mother's prenatal, immediate postpartum and postnatal periods. It deals with educating and providing knowledge and information to pregnant and lactating mothers on the advantages of breastfeeding, the risks associated with breastmilk substitutes and milk products not suitable as breastmilk substitutes such as, but not limited to,
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condensed milk and evaporated milk, the monitoring of breastfeeding mothers by health workers and breastfeeding peer counselors for service patients to ensure compliance with the DOH, WHO and the UNICEF on the implementation of breastfeeding policies, the physiology of lactation, the establishment and maintenance of lactation, the proper care of the breasts and nipples, and such other matters that would contribute to successful breastfeeding. [Sec. 3, RA 10028]. Lactation stations. Private, clean, sanitary, and well-ventilated rooms or areas in the workplace or public places where nursing mothers can wash up, breastfeed or express their milk comfortably and store this afterward. [Sec. 3, RA 10028]. Ladrones. Sp. Highway robbers or brigands. Lagay. Tag. Demand for and acceptance of "grease money, a form of graft and corruption so common in the application for licenses and permits from the govt. [Antonio v. Sandiganbayan, GR L57937. Oct. 21, 1988]. Lagoon. A small lake, ordinarily of fresh water, and not very deep, fed by floods, the hollow bed of which is bounded by elevations of land. [Govt. of the Phil. v. Colegio de San Jose, GR 30829. Aug. 28, 1929] Lagumbay doctrine. The doctrine of statistical improbability [which] was first pronounced in Lagumbay v. Comelec [GR L-25444, Jan. 31, 1966, 16 SCRA 175]. [It] expounded on the doctrine of statistical improbability and the doctrines effect on the power of the Com elec to reject the results reflected in the election returns when such returns showed prima facie that they did not reflect the true and valid reports of regular voting. See Statistical improbability doctrine. Laguna Lake. It refers to Laguna de Bay which is that area covered by the lake waters, when it is at the average annual maximum lake level of elevation 12.50 meters, as referred to a datum 10.00 meters below mean lower low water (MLLW). Lands located at and below such elevation are public lands which form part of the bed of said lake. [Sec. 29, PD 813]. Laguna Lake Development Authority (LLDA). An attached agency of the DENR responsible in the preservation, development and sustainability of the Laguna de Bay and its 21 major tributary rivers. Lake. 1. An inland body of water, an expanded part of a river, a reservoir formed by a dam, or a lake basin intermittently or formerly covered by water. [Sec. 4, RA 8550]. 2. An inland body of water of considerable size, occupying a natural basin or depression in the earth's surface below the ordinary drainage level of the region, fed by either surface water or surface streams or by subterranean streams or springs, and having little or no current or motion of the waters in any particular direction. [De Guzman v. Mun. of Taytay, GR 43626. Mar. 7, 1938]. 3. A body of water formed in depressions of the earth. Ordinarily fresh water, coming from rivers, brooks, or springs are connected with the sea by them. [Govt. v. Colegio de San Jose, 53 Phil. 423 (1929)].
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Lamboid. The line of union or seam connecting the occipetal bones [posterior part of the skull] and parietal bones [membrane bones of the roof of the skull]. Lame duck. An elective official who has not been reelected but whose term has not yet expired. Lampa. Tag. Weak and feeble; awkward and unsteady. Lampara. Tag. Lamp. Lamparahan. Tag. A kerosene lamp which gives off sufficient illumination. [People v. Almenario, GR 66420. Apr. 17, 1989]. Also Gasera. Land. The lot leased by one who owns the dwelling thereon and used principally for such dwelling and not mainly for business. [Sec. 2, RA 6359]. [Sec. 2, RA 6126]. Land assembly or consolidation. The acquisition of lots of varying ownership through purchase or expropriation of the purpose of planned and rational development and socialized housing programs without individual property boundary restrictions. [Sec. 3, RA 7279]. Land banking. The acquisition of land at values based on existing use in advance of actual need to promote planned development and socialized housing programs. [Sec. 3, RA 7279]. Land classification (LCM). The establishment of boundaries bet. alienable and disposable lands and forest lands. Land Classification Map. 1. A map showing the classification of lands of the public domain based on the land classification system undertaken by the then Dept. of Agriculture and Natural Resources, through the Bu. of Forestry, the Ministry of Natural Resources, through the Bu. of Forest Development, and the DENR. [Sec. 4, DENR AO 2008-24]. 2. A map showing the classification of lands of the public domain based on the land classification system. [Sec. 13, PD 705]. Land exchange. The process of bartering land for another piece of land and/or shares of stock of equal value in a govt. or quasi-govt. corp. [Sec. 3, PD 1517]. Land registration. [Its purpose] is not the acquisition of lands, but only the registration of title which the applicant already possessed over the land. Registration was never intended as a means of acquiring ownership. [Lopez v. Esquivel, Jr., GR 168734, Apr. 24, 2009; and Rep. v. CA, GR 108998, Aug. 24, 1994, 235 SCRA 567, 576]. Land Registration Act. Act 496 which took effect Jan. 1, 1903. [Bagsa v. Nagramada, GR 4383. Aug. 31, 1908]. Land Registration Authority (LRA). The govt. agency mandated to issue decrees of registration and certificates of title and register documents, patents and other land transactions for the benefit of landowners, Agrarian Reform-beneficiaries and the registering public in general. Land swapping. The process of land acquisition by exchanging land for another piece of land of equal value, or for shares of stock in a govt. or quasi-govt. corp. whose book value is of equal value to the land being exchanged, for the purpose of planned and rational development and provision for socialized
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housing where land values are determined based on land classification, market value and assessed value taken from existing tax declarations. [Sec. 3, RA 7279]. Land transportation. The movement of people, animals, and goods from one location to another on land, usu. by rail or road. Land Transportation and Traffic Code. RA 4136 entitled An Act to Compile the Laws Relative to Land Transportation And Traffic Rules, to Create a Land Transportation Commission and For Other Purposes enacted on June 20, 1964. Land Transportation Office (LTO). An agency under the DOTC responsible for optimizing the land transportation service and facilities and to effectively implement the various transportation laws, rules and regulations of the Phils. Land transportation operator. The owner or owners of motor vehicles for transportation of passengers for compensation, incl. school buses. [Sec. 373, IC]. Land use. 1. Man's activities on land of which settlements, forestry, agriculture, mining, grazing and water use are the most predominant. 2. The manner of utilizing the land, incl. its allocation, development and management. [Sec. 4, RA 8435]. Land use plan. 1. A document embodying a set of policies accompanied by maps and similar illustrations which represent the community-desired pattern of population distribution and a proposal for the future allocation of land to the various land-using activities, in accordance with the social and economic objectives of the people. It identifies the location, character and extent of the area's land resources to be used for different purposes and includes the process and the criteria employed in the determination of the land use. [Sec. 4, RA 8435]. 2. The rational approach of allocating available resources as equitably as possible among competing user groups and for different functions consistent with the development plan of the area and the Program under RA 7279. [Sec. 3, RA 7279]. Land use planning. 1. The process undertaken by public authorities to identify, evaluate and decide on different options for the use of land, incl. consideration of long-term economic, social and environmental objectives and the implications for different communities and interest groups, and the subsequent formulation and promulgation of plans that describe the permitted or acceptable uses. [Sec. 3, RA 10121]. 2. The act of defining the allocation, utilization, development and management of all lands within a given territory or jurisdiction acc. to the inherent qualities of the land itself and supportive of sustainable economic, demographic, socio-cultural and environmental objectives as an aid to decision-making and legislation. [Sec. 4, RA 8435]. Landholder-lessor. Any person, natural or juridical, either as owner, lessee, usufructuary or legal possessor or agricultural land, who lets, leases or rents to another said property for purposes of agricultural production and for a price certain or ascertainable either in an amount of money or produce. [Sec. 42, RA 1199]. See Tenant-lessee.
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Landholding. Ownership of land; the state or fact of owning land. Landing. An instance of coming or bringing something to land, from the air or water. Landing fees. All charges for the use of any landing strip or runway by any aircraft landing or taking off at the airport. [Sec. 3, RA 9497; Sec. 3, RA 224]. Landing field. Any locality, either on water or on land, which is adapted for landing and taking-off of aircraft located along an airway, and is intermediate to airports connected by the airway, whether or not facilities are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo. [Sec. 3, RA 776]. Landing strip. Runway; airstrip. Landlocked. 1. Almost or entirely surrounded by land; having no coastline or seaport. 2. Enclosed by land and having no navigable route to the sea. Landlocked state. A state that has no seacoast. Landlord. A land or building owner who has leased the land, the building or a part of the land or building, to another person. Landowner. Any person who is an owner, civil law lessee, usufructuary or legal possessor of agricultural land. Landscape. All the visible features of an area of countryside or land, often considered in terms of their aesthetic appeal. Landscape architect. A natural person qualified to practice Landscape Architecture and who has been issued a valid certificate of registration or professional license and a valid professional identification card as such by the Board of Landscape Architecture created under RA 9053 and the Professional Regulation Commission (PRC). [Sec. 2, RA 9053]. Landscape architecture, Scope of the practice of. The act of planning, designing, specifying, supervising and giving general administration and responsible direction to the functional, orderly and aesthetic arrangement, changing and development of natural scenery and land areas to produce the most desirable effect for human use and enjoyment of various outdoor spaces which consist of landscape components and the softscape of plants. [Sec. 2, RA 9053]. Lapse. A temporary failure of concentration, memory, or judgment. Lapsed. Became invalid because it is not used or renewed. Lapsed plan. A plan that is delinquent in payment of installments provided for in the contract, the delinquency, of which extends beyond the grace period provided for in the plan or contract. [Sec. 4, RA 9829]. Lapsus. Lat. Slip. [Sarmiento III v. Mison, GR 79974. Dec. 17,1987]. Lapsus calami. Lat. Clerical error. [PNB v. De La Vina, GR L-21640. Aug. 28, 1924]. Lapsus linguae. Lat. Slip of the tongue. Lapsus plumae. Lat. Slip of the pen.
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Larceny. 1. An old English criminal and common law offence covering the unlawful or fraudulent removal of another's property without the owner's consent. The offence of theft now covers most cases of larceny. But larceny is wider than theft as it includes the taking of property of another person by whatever means [by theft, overtly, by fraud, by trickery, etc.] if an intent exists to convert that property to one's own use against the wishes of the owner. 2. Obtaining property by fraud or deceit. Large bowel (or colorectal) cancer. A cancer from uncontrolled cell growth in the colon or rectum [parts of the large intestine], or in the appendix. See Colon cancer. Large cattle. 1. Cow, carabao, horse, mule, ass, or other domesticated member of the bovine family. [Sec. 2, PD 533]. 2. The term, as used in Art. 310 of the Rev. Penal Code, refers to ganado mayor such as mules, as distinguished from ganado menor like sheep. [People v. Nazareno, GR L-40037. Apr. 30, 1976]. See Small cattle. Large cattle owner or raiser. The herdsman, caretaker, employee or tenant of any firm or entity engaged in the raising of large cattle or other persons in lawful possession of such large cattle. [Sec. 2, PD 533]. Large taxpayer. A taxpayer who satisfies any of the following criteria: (a) ValueAdded Tax (VAT) - Business establishment with VAT paid or payable of at least P100,000 for any quarter of the preceding taxable year; (b) Excise Tax Business establishment with excise tax paid or payable of at least P1,000,000 for the preceding taxable year; (c) Corporate Income Tax - Business establishment with annual income tax paid or payable of at least P1,000,000 for the preceding taxable year; and (d) Withholding Tax - Business establishment with withholding tax payment or remittance of at least P1,000,000 for the preceding taxable year. [Sec. 245, NIRC, as amended]. Large-scale illegal recruitment. Labor. Illegal recruitment committed against 3 or more persons individually or as a group. Large-scale illegal recruitment. Labor. Requisites: (a) the offender has not been duly licensed to engage in recruitment activities; (b) he has engaged in illegal recruitment activities, offering employment abroad for a fee; (c) he has carried out the illegal recruitment activities against 3 or more persons. [Dean Tupaz, 24 Hours Before the Bar (1st Ed. 2005), p. 167]. Las pecuniarias. Sp. Pecuniary penalties. [Villareal v. People, GR 151258, Feb. 1, 2012]. Lascivious. 1. Feeling or revealing an overt and often offensive sexual desire. 2. Lewd; lustful; lecherous; voluptuous; salacious. Lascivious conduct. Crim. Law. The intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the
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genitals or pubic area of a person. [Sec. 32, Art. XIII, IRR of RA 7610]. Last clear chance. A doctrine in the law of torts under which a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident. Last clear chance doctrine. Also known as the Discovered peril doctrine or the Humanitarian doctrine. 1. A doctrine in the law of torts which states that the contributory negligence of the party injured will not defeat the claim for damages if it is shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party. In such cases, the person who had the last clear chance to avoid the mishap is considered in law solely responsible for the consequences thereof. [McKee v. IAC, GR 68102. July 16, 1992]. 2. The doctrine may be stated as follows: Where both parties are negligent in such a way that it would be impossible to determine whose negligence was the proximate cause of the accident, the party who had the last clear chance or opportunity to avoid the accident by the use of proper care but failed to do so is considered in law solely responsible for the consequences of the accident [Picart v. Smith 37 Phil 809; Ong v. Metropolitan Water District, L7694, Aug. 29, 1958]. Last minutes appointments. Appointments issued in the last hours of an outgoing Chief Exec. [Aytona v. Castillo, GR L-19313, Jan. 19, 1962]. See Midnight appointments. Last two. An illegal numbers game where the winning combination is derived from the last 2 numbers of the 1st prize of the winning Sweepstakes ticket which comes out during the weekly draw of the Phil. Charity Sweepstakes Office (PCSO), and its variants. [Sec. 2, RA 9287]. Latent. Hidden; concealed; that which does not appear upon the face of an item. Latent ambiguity. An ambiguity that is not apparent from the wording of a document but is caused by external circumstances. See Intrinsic ambiguity. Lateran Treaty. Intl. Law. 1. The treaty entered into in 1929 by and bet. Italy and the Holy See, where Italy recognized the exclusive dominion and sovereign jurisdiction of the Holy See over the Vatican City. It also recognized the right of the Holy See to receive foreign diplomats, to send its own diplomats to foreign countries, and to enter into treaties acc. to Intl. Law. [Garcia, Questions and Problems in Intl. Law, Public and Private 81 (1948)]. 2. It established the statehood of the Vatican City "for the purpose of assuring to the Holy See absolute and visible independence and of guaranteeing to it indisputable sovereignty also in the field of international relations. [O'Connell, I Intl. Law 311 (1965)]. Launder. To disguise the source or nature of illegal funds, for example, by channeling through an intermediate agent. Laundering. Concealing the origins of money obtained illegally by transfers to foreign banks or legitimate businesses. Laundry. Clothes and linens that need to be washed or that have been washed.
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Laundry detergent. A product containing a surfactant and other ingredients, formulated to clean and care for the many different fabrics in the family wash. [Sec. 2, RA 8970]. Law. 1. A rule of conduct, just and obligatory, laid down by legitimate authority for the common observance and benefit. [Suarez, Stat. Con., (1993), p. 36]. 2. All the rules of conduct that have been approved by the govt. and which are in force over a certain territory and which must be obeyed by all persons on that territory. Law enforcement officer. The person in authority or an agent as defined in Art. 152 of the Rev. Penal Code, incl. a barangay tanod. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Law merchant. Also Law mercatoria. 1. A body of law relating to certain mercantile transactions and instruments of widespread use, now incorporated into, and regarded as part of, the common law. 2. A collection of rules recognized by merchants through the centuries and subsequently adopted by legislation (notably in common law countries). [Torres, Oblig. & Cont., 2000 Ed., p. 351]. Law of nations. The body of legal rules binding on states in their international dealings with other states. Law of overwhelming necessity. The police power of the State which is a power coextensive with self-protection. It may be said to be that inherent and plenary power in the State which enables it to prohibit all things hurtful to the comfort, safety, and welfare of society. [Phil. Assoc. of Service Exporters, Inc. v. Drilon, GR 81958, June 30, 1988]. Law of the case. 1. The opinion delivered on a former appeal. More specifically, it means that whatever is once irrevocably established, as the controlling legal rule of decision bet. the same parties in the same case continues to be the law of the case, whether correct on general principles or not, so long as the facts on which such decision was predicated continue to be the facts of the case before the court. [People v. Pinuila, GR L11374, May 30, 1958, 55 Off. Gaz., 4228]. 2. An established rule that when an appellate court passes on a question and remands the cause to the lower court for further proceedings, the question there settled becomes the law of the case upon subsequent appeal. [Trinidad v. Archbishop of Manila, 63 Phil. 881, 913]. Law of the case doctrine. That principle under which determination of questions of law will generally be held to govern a case throughout all its subsequent stages where such determination has already been made on a prior appeal to a court of last resort. It is merely a rule of procedure and does not go to the power of the court, and will not be adhered to where its application will result in an unjust decision. It relates entirely to questions of law, and is confined in its operation to subsequent proceedings in the same case. [Villa v. Sandiganbayan, GR 87186, Apr. 24, 1992, 208 SCRA 283, 295-296]. Law of the flag. The conflict of laws rule, still found in many national laws and international conventions, which subjected various maritime law matters to the law of the flag or port of registry of the ship.
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The concept bore the imprint of 19thcentury theories of the law of the citizen, espoused by Napoleon Bonaparte and Mancini. Today, the emergence of flags of convenience, double-flagging, flagging out, and the increasing insistence in many international conventions on a genuine link bet. the flag and the ship, have reduced the importance of the law of the flag to merely one contact, or connecting factor, among others in maritime conflicts of law. Law of the person. Also Lex patriae. Wherever a person is a citizen, he had his laws follow him throughout the world. The French Emperor Napoleon Bonaparte promoted this approach in the 1st Civ. Code of France (1804). He believed that the French Civ. Code was superior to all other forms of law, and thus French citizens should benefit from it, wherever they were. The original Civ. Code of France, at the 3rd par. of Art. 3, invoked the law of the citizen for questions of status and capacity. Mancini advanced the lex patriae theory further in the 2nd half of the 19th century. The law of the flag, as a concept, was very similar to the concept of the law of the citizen, or person, of Napoleon and Mancini. Law of war. Intl. Law. A body of law concerning acceptable justifications to engage in war (jus ad bellum) and the limits to acceptable wartime conduct (jus in bello or International humanitarian law). The law of war is considered an aspect of public international law (the law of nations) and is distinguished from other bodies of law, such as the domestic law of a particular belligerent to a conflict, that may also provide legal limits to the conduct or justification of war. Law on municipal corporations. The study of the general principal principles governing municipal corporations, the laws affecting the creation, organization and the govt. of provinces, cities, municipalities and barangays; the scope and application of the powers of municipal ordinances, contracts, liabilities, and enterprises. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 3]. Law on public officers. A study of the creation, modification and dissolution of public office as well as the eligibility of public officers, the manner of their election or appointment and assumption of office, their rights, duties, powers, inhibitions and liabilities, and the modes of terminating official relations. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 2]. Law on Secrecy of Bank Deposits. See Bank Secrecy Law. Law society. Group of individuals interested in the law. Law study. The acquisition of knowledge of the law, as by reading or reflection, commonly as part of a course of study at a college or university. Lawful arrest without a warrant. An arrest made by a peace officer or a private individual, without a warrant, under any of the following circumstances: (a) When, in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense; (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has es-
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caped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. [Rebellion v. People, GR 175700, July 5, 2010]. Lawful interest rate. The rate of interest prescribed by law as the highest which may be lawfully contracted for or exacted. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Compare with Legal interest rate. Lawful means. The means employed [in the exercise of police power] which are reasonably necessary to the attainment of the object sought to be accomplished and not unduly oppressive upon individuals. [DECS v. San Diego, GR 89572. Dec. 21, 1989]. Lawful subject. The interests of the public generally (in the exercise of police power), as distinguished from those of a particular class, which require the interference of the State. [DECS v. San Diego, GR 89572. Dec. 21, 1989]. Laws of the Indies. Sp. Leyes de Indias. Tthe entire body of laws issued by the Spanish Crownfor its Amer. and Phil. possessions of its empire. They regulated social, political and economic life in these areas. The laws are composed of a myriad of decrees issued over the centuries and the important laws of the 16th century, which attempted to regulate the interactions bet. the settlers and natives, such as the Laws of Burgos (1512) and the New Laws (1542). Lawsuit. An action or proceeding in a civil court; term used for a suit or action bet. 2 private parties in a court of law. Lawyer. A person trained in the law and authorized to advise or represent others in legal matters. A person licensed to practice law. Also known as an Attorney-at-Law. Lawyering. The work of practicing law. Lawyers oath. See Attorneys oath. Lay corporation. A corporation organized for a purpose other than religion. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Ecclesiastical corporation. Lay days. The days that a charterer may keep a chartered ship idle for the loading of goods. Layering. [The stage of money laundering that deals with] the separation of the criminal proceeds from their source by creating layers of financial transactions to disguise the audit trail. [Sec. 1, Rule 4, RA 9160]. Compare with Placement and Integration. Laying of a predicate. Evid. [This] in essence means simply that it is the duty of a party trying to impugn the testimony of a witness by means of prior or, for that matter, subsequent inconsistent statements, whether oral or in writing, to give the witness a chance to reconcile his conflicting declarations, such that it is only when no reasonable explanation is given by him that he should be deemed impeached. [People v. Relucio, GR L38790, Nov. 9, 1978]. Laying the predicate. Evid. Requisites comprising the proper procedure for im-
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peaching a witness by evidence of alleged inconsistent statements, that is: (a) by confronting the witness with such statements, with the circumstances under which they were made; (b) by asking him whether he made such statements, and (c) by giving him the chance to explain the inconsistency. If the statements were made in writing, the documents must be shown to the witness before he may be asked to explain the discrepancy. Unless the witness is given the opportunity to explain the inconsistency, the impeachment is incomplete. [Regalado, Remedial Law Compendium, 6th Rev. Ed., p. 537]. Laying the predicate rule. The rule embodied in Sec. 13, Rule 132 of the Rules of Court which provides that [b]efore a witness can be impeached by evidence that he has made at other times statements inconsistent with his present testimony, the statements must be related to him, with the circumstances of the times and places and the persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing they must be shown to the witness before any question is put to him concerning them. Lay-off. A termination initiated by the employer without prejudice to recall or rehiring of a worker who has been temporarily separated from the service. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22]. See Retrenchment. LCE. See Local Chief Executive. LCM. See Land classification map. LCR. Local Civil Registrar. Leading question. 1. A question which suggests to the witness the answer which the examining party desires. [Sec. 10, Rule 132, RoC]. 2. A question that suggests the particular answer or contains the information the examiner is looking to have confirmed. Also called Suggestive interrogation. Leading questions. 1. Questions which are so put that the witness merely assents to or dissents from a statement or assertion of an examining counsel put with such vocal inflection as to be a question. [People v. Caparas, GR L47411. Jan. 18, 1982]. 2. Questions which suggests an answer; usu. answerable by yes or no. These are forbidden to ensure that the witness is not coached by their lawyer through his testimony. Leading questions are only acceptable in cross-examination or where a witness is declared hostile. Compare with Misleading question. League of Nations. Intergovernmental organization, established in 1919 at the Paris Peace Convention, for the promotion of international peace and security. Dissolved in 1946. Its assets incl. the Palais des Nations in Geneva were transferred to the UN. Learner. 1. Labor. Persons hired as trainees in semi-skilled and other industrial occupations which are nonapprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed 3 months. [Art. 73, LC]. 2. Basic Education Act of 2001. Any individual seeking basic literacy skills and functional life skills or support services for the improvement of the quality of his/her life. [Sec. 4, RA 9155].
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Learnership. A means of obtaining a qualification while working. Learnership agreement. The employment and training contract entered into bet. the employer and the learner. [Art. 73, LC]. Learning center. A physical space to house learning resources and facilities of a learning program for out-of-school youth and adults. It is a venue for faceto-face learning and activities and other learning opportunities for community development and improvement of the people's quality of life. [Sec. 4, RA 9155]. Learning facilitator. The key learning support person who is responsible for supervising or facilitating the learning process and activities of the learner. [Sec. 4, RA 9155]. Lease. A contract whereby a person grants temporarily the use of a thing for an agreed consideration. Lease contract. 1. A consensual, bilateral, onerous and commutative contract by which one person binds himself to grant temporarily the use of a thing or the rendering of some service to another who undertakes to pay some rent, compensation or price. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. 2. A special kind of contract bet. a property owner and a person wanting temporary enjoyment and use of the property, in exchange for rent paid to the property owner. Where the property is land, a building, or parts of either, the property owner is called a landlord and the person that contracts to receive the temporary enjoyment and use is called a tenant. Leasehold. Real property held under a lease. Leave. 1. Willful departure with intent to remain away and not temporary absence with intention of returning. 2. A positive and voluntary act of departure and does not include death, which is involuntary. [Marcopper Mining Corp. v. NLRC, GR 83207. Aug. 5, 1991]. 3. Permission or authorization to do something. Leave of court. Permission obtained from a court to take some action which, without such permission, would not be allowable. Lechery. Lust. Ledger. A book of final entry to which are posted the classified accounts or items of all transactions entered in the journal or its equivalent. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 34]. Legacy. Succ. 1. A provision in a will which leaves certain property to a designated individual. Sometimes referred to as a bequest. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. 2. Gifts of personal property given by virtue of a will. Compare with Devise. Legal Adoption Law. RA 9523 entitled An Act requiring certification of the DSWD to declare a child legally available for adoption as a prerequisite for adoption proceedings, amending for this purpose certain provisions of RA 8552, otherwise known as the Domestic Adoption Act of 1998, RA 8043, otherwise known as the Inter-country Adoption Act of 1995, PD 603, otherwise known as the Child and Youth Welfare Code, and
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for other purposes enacted on Mar. 12, 2009. Legal aid. Professional legal services available usu. to persons or organizations unable to afford such services. Legal aid cases. Those actions, disputes, and controversies that are criminal, civil and administrative in nature in whatever stage wherein indigent and pauper litigants need legal representation. [Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers, Sec. 4, BM 2012, Feb. 10, 2009]. Legal brief. Rem. Law. A written legal argument submitted to a court, outlining the facts derived from the factual statements in the witnesss statements of fact and citing the legal authorities relied upon by a party in a case submitted in connection with petitions, counterpetitions (i.e., petitions to vacate or to set aside and/or to correct or modify in opposition to petitions to confirm or to recognize and enforce, or petitions to confirm or to recognize and enforce in opposition to petitions to vacate or set aside and/or correct or modify), motions, evidentiary issues and other matters that arise during the course of a case. The legal brief shall state the applicable law and the relevant jurisprudence and the legal arguments in support of a partys position in the case. [Special Rules of Court on ADR, Rule 1.11, AM 07-1108-SC, Sept. 1, 2009]. Legal capacity. Intl. Law. Qualification or authority, such as the qualification or authority to carry on international relations. Legal capacity to sue. It refers to the fact that a party is not suffering from any disability such as minority, insanity, covertures, lack of juridical personality, incompetence, civil interdiction or does not have the character or representation which he claims or with respect to foreign corporation, that it is doing business in the Phils. with a license. [Bench Book for Trial Court Judges, p. 2-19]. Legal capital. Corp. Law. The amount equal to the aggregate par value and/or issued value of the outstanding capital stock. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., pp. 53-54]. Legal compensation. Compensation which takes place by operation of law, even though the debts may be payable at different places, but there shall be an indemnity for expenses of exchange or transportation to the place of payment. [Art. 1286, CC]. Compare with Voluntary compensation. Legal custody. A child custody decision which entails the right to make, or participate in, the significant decisions affecting a child's health and welfare. Legal delivery. See Constructive delivery. Legal discretion. Discretion which is exercised in discerning the course prescribed by law and which, when discerned, it is the duty of the court to follow. [People v. Dacuycuy, GR L-45127. May 5, 1989]. Legal dispute. A disagreement as to the existence of a legal right or obligation, or as to the nature and extent of the compensation due for the breach of such a right or obligation. Legal document available. The papers at hand with respect to the property.
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[Memo. from the Exec. Sec. dated Aug. 20, 1998]. Legal duty. In libel, a provision of law conferring upon the accused the duty to communicate. Legal easements. Easements imposed by law which have for their object either public use or the interest of private persons. [Art. 634, CC]. Legal entity of the separate personality of the corporation doctrine. The doctrine that a corporation may not be made to answer for acts and liabilities of its stockholders or those of legal entities to which it may be connected or vice versa. [Panay, Inc. v. Clave, GR L56076, Sept. 21, 1983, 124 SCRA 638]. Legal estate in fee simple. An interest in real estate in the form of absolute ownership, subject only to legal limitations. Legal ethics. The branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public. [Malcolm, Legal and Judicial Ethics]. Legal ethics and professional responsibility. The area of law that involves the principles of conduct governing an individual or a group, specifically the legal industry. Legal evidence. Evidence which is not confined to the human voice or oral testimony but also includes every tangible object capable of making a truthful statement. Legal exchange rate. Also Par of change. The official rate of exchange, established by a govt., in contrast to the free market rate. It signifies the amount it takes of one currency [for example, based on gold] to buy a unit in another currency [also based on gold] that is, how many pieces of the one unit (or their gold content) are necessary to equal the gold content of the other unit. [Gonzalo L. Manuel & Co. v. Central Bank, GR L-21789. Apr. 30, 1971]. Legal fees. The legal fees imposed under Rule 141 of the Rules of Court as a necessary incident of instituting an action in court either as an original proceeding or on appeal. In particular, it includes filing or docket fees, appeal fees, fees for issuance of provisional remedies, mediation fees, sheriffs fees, st enographers fees (that is fees for transcript of stenographic notes) and commissioners fee. [Sec. 1, Art. 2, AM 0811-7-SC (IRR), Sept. 10, 2009]. Legal guardian. Any person duly appointed by a court of competent authority to exercise care and custody of or parental authority over the person of such child or employee. [Sec. 2, RA 7658]. Legal heirs. The term is used in Sec. 119 of the Public Land Act in a generic sense. It is broad enough to cover any person who is called to the succession either by provision of a will or by operation of law. Thus, legal heirs include both testate and intestate heirs depending upon whether succession is by the will of the testator or by law. Legal heirs are not necessarily compulsory heirs but they may be so if the law reserves a legitime for them. [Madarcos v. Dela Merced, GR 39975. June 30, 1989]. See Intestate heirs. Legal hermeneutics. The systematic body of rules which arerecognized as
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applicable to the construction and interpretation of legal writings. See Hermeneutics. Legal impossibility. Crim. Law. This occurs where the intended acts, even if completed, would not amount to a crime. Legal impossibility would apply to those circumstances where: (a) the motive, desire and expectation is to perform an act in violation of the law; (b) there is intention to perform the physical act; (c) there is a performance of the intended physical act; and (d) the consequence resulting from the intended act does not amount to a crime. [Intod v. CA, GR 103119. Oct. 21, 1992]. Legal interest. Advantage, profit, right, or share recognized in law, such as a legal title. Legal interest rate or Legal interest. That rate of interest fixed by law at 12% per annum which will prevail in the absence of any special agreement as to the rate bet. the parties. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Compare with Lawful interest rate. Legal jeopardy. Requisites: It attaches only (a) upon a valid indictment, (b) before a competent court, (c) after arraignment, (d) a valid plea having been entered, and (e) the case was dismissed or otherwise terminated without the express consent of the accused. [Martinez v. CA, GR 112387. Oct. 13, 1994] Legal liability. The state of one who is bound in law and justice to do something which may be enforced by action. Legal malice. Improper or sinister motives. [Buchanan v. Vda. De Esteban, GR L-10402, Nov. 30, 1915]. Legal medicine. That branch of medicine that applies medical and surgical concepts, scientific knowledge and skills to medicolegal issues in order to assist the trier of facts in the proper dispensation of justice. [Olarte, Legal Med., 1st Ed. (2004), p. 1]. Legal name. The full 1st Christian name and surname. Legal offer. A proposal which must be certain as to the object, the price and other essential terms of the contract. [Art. 1319, CC]. Legal or Intestate succession. Legal or intestate succession takes place: (a) if a person dies without a will, or with a void will, or one which has subsequently lost its validity; (b) when the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed; (c) if the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place; (d) when the heir instituted is incapable of succeeding, except in cases provided in the Civ. Code. [Art. 960]. Compare with Testamentary succession. Legal order. The authoritative code of a polity. Such code consists of all the rules found in the enactments of the organs of the polity. Where the state operates under a written constitution, its
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organs may be readily determined from a reading of its provisions. Once such organs are ascertained, it becomes an easy matter to locate their enactments. The rules in such enactments, along with those in the constitution, comprise the legal order of that constitutional state. [In Re: Puno, AM 90-11-2697-CA. June 29, 1992]. Legal owner. Entity that has an enforceable claim or title to an asset or property, and is recognized as such by law. Legal ownership. The title of one who has the naked ownership. Legal period. The period is fixed by law. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Legal possessor. 1. One who, but for the reservation of strict legal title in the conditional vendor, or giving of a strict legal title in a conditional vendor, or the giving of a strict legal title to a chattel mortgagee, would have the status of a full and unqualified owner. 2. One who can do all acts of ownership or acts of strict dominion except that he does not have strict legal title over the property. Legal process. A formal paper that is legally valid; something issuing from the court, usu. a command such as a writ or mandate. Legal redemption. The right to be subrogated, upon the same terms and conditions stipulated in the contract, in the place of one who acquires a thing by purchase or dation in payment, or by any other transaction whereby ownership is transmitted by onerous title. [Art. 1619, CC]. Compare with Conventional redemption. Legal redemption. Requisites: (1) There must be co-ownership; (2) one of the coowners sold his right to a stranger; (3) the sale was made before the partition of the co-owned property; (4) the right of redemption must be exercised by one or more co-owners within a period of 30 days to be counted from the time he or they were notified in writing by the coowner vendor; and (5) the vendee must be reimbursed the price of the sale. [Aguilar v. Aguilar, GR 141613, Dec. 16, 2005]. Legal representation. The act or instance of standing for or acting on behalf of another, esp. by a lawyer on behalf of a client. Legal representatives. Succ. 1. Legatees and devisees of a deceased who become such from the moment of death of the latter because they are beneficially interested in and succeed to the properties and rights of the decedent. 2. The term has been used to designate an administrator or executor, devisees and legatees, children, brothers and sisters, and almost all degrees of relationship. Legal residence. The term imports not only intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention. [Chieng Yen v. Rep., GR L18885. Jan. 31, 1964]. Legal resident. A person who has obtained permanent residency status in accordance with the law of the host country. [Sec. 2, IRR, RA 8042]. Legal right. A right founded in or granted by law.
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Legal separation. The separation of the husband and wife from bed and board without having the marriage bond severed. Legal separation. Grounds: (a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (b) physical violence or moral pressure to compel the petitioner to change religious or political affiliation; (c) attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; (d) final judgment sentencing the respondent to imprisonment of more than 6 years, even if pardoned; (e) drug addiction or habitual alcoholism of the respondent; (f) lesbianism or homosexuality of the respondent; (g) contracting by the respondent of a subsequent bigamous marriage, whether in the Phils. or abroad; (h) sexual infidelity or perversion; (i) attempt by the respondent against the life of the petitioner; or (j) abandonment of petitioner by respondent without justifiable cause for more than one year. [Art. 55, FC]. Legal separation, Petition for. Grounds for denial: (a) Where the aggrieved party has condoned the offense or act complained of; (b) where the aggrieved party has consented to the commission of the offense or act complained of; (c) where there is connivance bet. the parties in the commission of the offense or act constituting the ground for legal separation; (d) where both parties have given ground for legal separation; (e) where there is collusion bet. the parties to obtain decree of legal separation; or (f) where the action is barred by prescription. [Art. 56, FC]. Legal services to be performed by a lawyer. Any activity which requires the application of law, legal procedure, knowledge, training and experiences which shall include, among others, legal advice and counsel, and the preparation of instruments and contracts, incl. appearance before the administrative and quasi-judicial offices, bodies and tribunals handling cases in court, and other similar services as may be defined by the Sup. Court. [Sec. 3, RA 9999]. Legal sovereignty. Pol. Law. The supreme authority to enact laws to issue final commands. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 35]. Compare with Political sovereignty. Legal standing. A personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. [De Joya v. PCGG, GR 96541. Aug. 24, 1993]. See Locus standi. Legal subrogation. Subrogation which takes place without agreement but by operation of law because of certain acts; this is the subrogation referred to in Art. 1302 of the Civ. Code. [Chemphil v. CA, GR 112438-39. Dec. 12, 1995]. Legal tender. 1. That currency which has been made suitable by law for the purposes of a tender of the payment of debts. [Peralta v. Serrano, GR L-16523. Nov. 29, 1960]. 2. That currency which a debtor can legally compel a creditor to accept in payment of a debt both private and public. [Diaz, Bus. Law Rev., 1991 Ed., p. 40]. Legal title. Title of one who has the naked ownership.
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Legal writing. A specialized field of writing, the main concentration of which is the grammatical use of English. It may be divided into 2 main forms: advisory and argumentative. The purpose of the former is to inform, like opinion letters to clients. The purpose of the latter is to persuade, like memorandums and briefs. [Cruz and Quiason, Fundamentals of English Grammar, 2001 Ed., pp. 7-8]. Legally-free child. A child who has been voluntarily or involuntarily committed to the DSWD, in accordance with the Child and Youth Welfare Code. [Sec. 3, RA 8043]. Legatee. Succ. A person who receives personal property through a will. Compare with Devisee. Legatees. Succ. Persons to whom gifts of personal property are given by virtue of a will. [Art. 782, CC]. Compare with Devisees. Legation. 1. The act of sending a legate. 2. A diplomatic mission in a foreign country ranking below an embassy; the diplomatic minister and staff of such a mission; the premises occupied by such a mission. Legation, Right of. Intl. Law. The right of a state to maintain diplomatic relations with other states. The right to send diplomatic representatives is know as the active right of legation while the right to receive diplomatic representatives is known as the Passive right of legation. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 81]. Leges posteriores priores contrarias abrogant. Lat. Subsequent laws repeal those before enacted to the contrary. A later statute which is repugnant to an earlier statute is deemed to have abrogated the earlier one on the same subject matter. [Carabao, Inc. v. Agricultural Productivity Commission, GR L-29304. Sep. 30, 1970]. Legis interpretatio legis vim obtinet. Lat. The interpretation placed upon the written law by a competent court has the force of law. [People v. Jabinal, GR L30061. Feb. 27, 1974]. Legis vacuum abhorret. Lat. The law abhors a vacuum. [Sanidad v. Comelec, L-44640, 12 Oct. 1976]. Legislate. To make or enact laws. Legislation. The act of giving or enacting laws; the power to make laws via legislation in contrast to court-made laws. Legislative authorization. [The 2nd step in the govt. budgeting process at which] stage, Congress enters the picture and deliberates or acts on the budget proposals of the Pres., and Congress in the exercise of its own judgment and wisdom formulates an appropriation act precisely following the process established by the Consti., which specifies that no money may be paid from the Treasury except in accordance with an appropriation made by law. [Guingona, Jr. v. Carague, GR 94571. Apr. 22, 1991]. Legislative contempt. The power which though not expressly vested in Congress by the Consti. has been invoked by the legislative body to punish nonmembers for contempt and as a means of preserving its authority and dignity
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[Arnault v. Nazareno, 87 Phil. 29 (1950); Arnault v. Balagtas, 97 Phil. 358 (1955)]. Legislative franchise. A special privilege granted by the state to corporations. It is a privilege of public concern which cannot be at will and pleasure, but should be reserved for public control and administration, either by the government directly, or by public agents, under such conditions and regulations as the government may impose on them in the interest of the public. It is Congress that prescribes the conditions on which the grant of the franchise may be made. [Sen. Jaworski v. Phil. Amusement and Gaming Corp., GR 144463, Jan. 14, 2004]. Legislative power. 1. The authority of the legislature to make laws and to alter or repeal them. [Suarez, Stat. Con., (1993), p. 52]. 2. It is vested in the Congress of the Phils. consisting of the Senate and the House of Reps. [Sec. 1, Art. VI, 1987 Consti.]. Legislative records. Records presented to, or belonging to the Phil. Senate and the House of Reps. or any of its committees. [Sec. 4, RA 9470]. Legislative rules. Rules which are in the nature of subordinate legislations, designed to implement a primary legislation by providing the details thereof. In the same way that laws must have the benefit of public hearing, it is generally required that before a legislative rule is adopted there must be hearing. [Misamis Or. Assoc. of Coco Traders v. DOF Sec., GR 108524. Nov. 10, 1994]. Compare with Interpretative rule. Legislature. Congress; parliament. Legitimacy. Lawfulness by virtue of being authorized or in accordance with law. Legitimacy of a child. Grounds for impugning: (a) That it was physically impossible for the husband to have sexual intercourse with his wife within the 1st 120 days of the 300 days which immediately preceded the birth of the child because of: (a.1) the physical incapacity of the husband to have sexual intercourse with his wife; (a.2) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or (a.3) serious illness of the husband, which absolutely prevented sexual intercourse; (b) that it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided in the 2nd par. of Art. 164, FC; or (c) that in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. [Art. 166, FC]. Legitimate. That which is legal, lawful, recognized by law or acc. to law. Legitimate children. 1. Children conceived or born during the marriage of the parents. [Art. 164, FC]. 2. Those originally natural children but later considered as legitimate by virtue of their recognition by both parents and the latters' subsequent marriage. [In Re: Hofillena v. Rep., GR L-26476. Aug. 31, 1970]. Compare with Illegitimate children. Legitimate labor organization. Any labor organization duly registered with the
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DOLE, and includes any branch or local thereof. [Art. 212(h), LC]. Legitimate tenant. One who is not a usurper or an occupant by tolerance. [Zansibarian Residents Asso. v. Mun. of Makati, GR L-62136, Feb. 28, 1985]. Legitimated children. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other. [Art. 177, FC]. Legitimation. It takes place by a subsequent valid marriage bet. parents. The annulment of a voidable marriage shall not affect the legitimation. [Art. 178, FC]. Its effects shall retroact to the time of the child's birth. [Art. 180, FC]. Legitimation. Requisites: (a) That the child be a natural child; (b) that he be recognized by both parents either before or after a valid marriage; and (c) that there be a subsequent valid marriage of the parents [De Santos v. Angeles, GR 105619. Dec. 12, 1995]. Legitime. Succ. That part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs. [Art. 886, CC]. Legua communal. Sp. Communal lands. A property held by a municipality for the state in trust for the inhabitants which the state is free to dispose of at will. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 191]. Lend. A purchase coupled with an agreement by the vendor to repurchase; Borrow includes a sale coupled with a similar agreement. [Sec. 3, RA 2629]. Lending company. A corporation engaged in granting loans from its own capital funds or from funds sourced from not more than 19 persons. It shall not be deemed to include banking institutions, investment houses, savings and loan associations, financing companies, pawnshops, insurance companies, cooperatives and other credit institutions already regulated by law. The term shall be synonymous with lending investors. [Sec. 3, RA 9474]. Lending Company Regulation Act of 2007. RA 9474 entitled An Act Governing the Establishment, Operation and Regulation of Lending Companies enacted on May 22, 2007. Lending investors. All persons who make a practice of lending money for themselves or others at interest. [Sec. 1, PD 426]. Leniency. Recommendation for a sentence less than the maximum allowed. Lenity rule. [T]he doctrine that a court, in construing an ambiguous criminal statute that sets out multiple or inconsistent punishments, should resolve the ambiguity in favor of the more lenient punishment. [People v. Temporada. GR 173473, Dec. 17, 2008, Sep. Op., Corona, J]. See also In dubio pro reo. Leprosy. A chronic, mildly contagious, infectious disease characterized by both cutaneous and constitutional symptoms and the production of various deformities and mutilations. [Clemente v. GSIS, GR L-47521. July 31, 1987]. Lesbian. Also Tribadist. Legal Med. A woman homosexual who has the secret desire to make love with another woman
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and most of whom have antipathy towards men. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. Lesion. 1. Civ. Law. Any damage suffered by reason of the fact that the price is unjust or inadequate. [Diaz, Bus. Law Rev., 1991 Ed., p. 75]. 2. Legal Med. Any change in the structure of an organ due to injury or disease, whether apparent or diagnosed as the cause of a functional irregularity or disturbance. 2. Civ. Law. The injury suffered by one who does not receive a full equivalent for what he has given in a commutative contract. Lesiones graves. Sp. Grave physical injuries. [US v. Perez, GR 11451. Oct. 19, 1916]. Lesiones leves. Sp. Slight physical injuries. [US v. Perez, GR 11451. Oct. 19, 1916]. Lesiones menos graves. Sp. Less grave physical injuries. [US v. Perez, GR 11451. Oct. 19, 1916]. Less grave felonies. Crim. Law. Those felonies which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25 of the Rev. Penal Code. [Art. 9, RPC]. Less serious physical injuries. Crim. Law. The felony committed by any person who shall inflict upon another physical injuries not described in Art. 263 and 264 of the Rev. Penal Code, but which shall incapacitate the offended party for labor for 10 days or more, or shall require medical assistance for the same period; or by any person who shall inflict less serious physical injuries with the manifest intent to kill or offend the injured person, or under circumstances adding ignominy to the offense; or by any person who shall inflict any less serious physical injuries upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, provided that, in the case of persons in authority, the deed does not constitute the crime of assault upon such person. [Art. 265, RPC]. Lessee. 1. The person renting a residential unit. [Sec. 3, RA 9653]. 2. The person renting a residential unit. [Sec. 2, BP 25; Sec.4, RA 9161]. 3. The person and/or his family renting the dwelling place, as well as sub-lessees. [Sec. 2, RA 6359; Sec. 2, RA 6126]. Lessor or Owner. The owner or administrators or agents of the owner of the residential unit. [Sec. 2, BP 25; Sec.4, RA 9161]. Owner of the dwelling place and/or residential site or the administrator or agent of such owner, as well as sub-lessors. [Sec. 2, RA 6359; Sec. 2, RA 6126]. Let the buyer beware. It is the buyers responsibility to ensure the soundness of goods or services prior to his purchase of them. See Caveat emptor. Let the buyer beware doctrine. Also called Caveat emptor 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. Letter. A message in writing, which may be in any language or in code, con-
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tained in a sealed or unsealed envelope or not in an envelope at all, of such physical dimensions and weights allowed by the corp. or the govt., and intended for delivery to a person or entity displayed legibly on one of its faces. [Sec. 2, RA 7354]. Letter of credence. Also Lettre de creance. Intl. Law. The document carried by a diplomatic representative by virtue of which he is accredited to the receiving state with the request that full faith and credit be given to his official acts. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 83-84]. Letter of credit. 1. A letter issued by one merchant to another for the purpose of attending to a commercial transaction. [Art. 567, Code of Commerce]. 2. A financial device developed by merchants as a convenient and relatively safe mode of dealing with sales of goods to satisfy the seemingly irreconcilable interests of a seller, who refuses to part with his goods before he is paid, and a buyer, who wants to have control of the goods before paying. [Bank of America v. CA, GR 105395. Dec. 10, 1993]. Letter of credit. Essential conditions: (a) Issued in favor of a definite person; (b) amount is fixed or specified; (c) duration of 6 months, if used in the Phils., or one year, if used abroad, unless the parties provide for a different period. [Arts. 568 and 572, Code of Commerce]. Letter of Instructions (LOI). A directive of the Pres. of the Phils., issued in the exercise of his administrative power of control, to heads of departments and/or officers under the executive branch of the govt. for observance by the officials and/or employees thereof. [People v. CFI of Bulacan, GR L-53674-75. July 11, 1988]. Letter patent. Also Lettre de provision. Intl. Law. The commission issued by the sending state from which consuls derive their authority. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 90]. Compare with Exequatur. Letters of administration. Spec. Pro. 1. The documents issued by the court to the person named as administrator therein, if no executor is named in the will, or the executor or executors are incompetent, refuse the trust, or fail to give bond, or a person dies intestate. [Sec. 6, Rule 78, RoC]. 2. Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name. Compare with Letters testamentary. Letters rogatory. Rem. Law. An instrument sent in the name and by the authority of a judge or court to another, requesting the latter to cause to be examined, upon interrogatories filed in a cause pending before the former, a witness who is within the jurisdiction of the judge or court to whom such letters are addressed. [Dasmarias Garments v. Reyes, GR 108229. Aug. 24, 1993]. Letters testamentary. Spec. Pro. The documents issued by the court on a will which has been proved and allowed to the person named as executor therein, if he is competent, accepts the trust, and gives bond as required by the Rules. [Sec. 4, Rule 78, RoC]. Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name. Compare with Letters of administration.
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Lettre de creance. See Letter of credence. Lettre de provision. See Letter patent. Lettres reversals. Intl. Law. Fr. Declarations that an alteration in ceremonial practices is being made only as an exception to the general rule. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1059]. Leukemia. A disease characterized by persistent increase in the white blood corpuscles, associated with changes in the spleen, lymphatic glands and bone marrow. [Eliseo v. WCC, GR L-43468. July 21, 1978]. Levy. 1. The seizure of property, personal and/or real, belonging to the judgment debtor for subsequent execution sale to satisfy judgment. [Bench Book for Trial Court Judges, p. 2-59]. 2. The essential act by which the property is set apart for the satisfaction of the judgment and taken into the custody of the law, and after it has been taken from the defendant, his interest is limited to its application to the judgment, irrespective of the time when it may be sold. [Jalandoni v. PNB, GR L-47579. Oct. 9, 1981]. Compare with Garnishment. Levy-and-grant system. A legal contribution [often a percentage of the payroll] from participating employers who would be beneficiaries of a vocational or technical education or training program which is subsequently turned over or rebated to enterprises offering employee training programs. [Sec. 1, IRR, RA 7796]. Levying war. An actual assemblage of persons for the purpose of executing a treasonable design. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 362]. Lewd. Obscene, lustful, indecent, lascivious, lecherous. It signifies that form of immorality which has relation to moral impurity; or that which is carried on in a wanton manner. [People v. Grefiel, GR 77228. Nov. 13, 1992]. Lewd design. Inherently lascivious acts executed with the particular design to independently derive vicarious pleasure therefrom. Lex. Lat. Law. Lex causae. Lat. The law applicable to the case. Lex contractus. Lat. he proper law of the contract. The law that governs the enforcement of a contract and the intrinsic validity of its provisions. Lex de futuro, judex de prterito. Lat. The law provides for the future, the judge for the past. [Laceste v. Santos, GR 36886. Feb. 1, 1932]. Lex delationes semper exhorret. Lat. The law always abhors delays. [Medija v. Patcho, GR L-30310. Oct. 23, 1984]. Lex domicilii. Lat. The precept that governs and controls the status of an alien individual [from which it is implicit] that an alien may be allowed to change his name here only if he be domiciled in the Phils. [Ong Huan Tin v. Rep., L-20997, Apr. 27, 1967]. Lex fori. Lat. 1. The law of the forum. 2. The internal law of the forum governs matters of remedy and procedure such as those relating to the service of process upon a defendant. [Northwest Ori-
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ent Airlines v. CA, GR 112573. Feb. 9, 1995]. Lex loci actus. Lat. The law of the place where the act was done. [Agpalo, Conflict of Laws, p. 5]. Lex loci celebrationis. Lat. The principle that applies the law of the place where the contract was executed as far as the formalities and solemnities [extrinsic validity] are concerned. Lex loci contractus. Lat. The law of the place of conclusion of the contracting. Lex loci damni. Lat. The law of the place where the injury occurs. In other words, if an injury appears in another country, the laws of that country governs, provided that the tortfeasor should have foreseen that the damage would occur there. Lex loci delicti commissi. Lat. The law of the place where the delict was committed. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 390]. Lex loci delicti. Lat. The law of the place of the tort or delict. Lex loci delictus. Lat. The law of the place where the offense or wrong took place. [Agpalo, Conflict of Laws, p. 5]. Lex loci dimicillii. Lat. The law of the place of domicile of a person. [Agpalo, Conflict of Laws, p. 6]. Lex loci intentionis. Lat. The law intended by the parties expressly or implicitly. Lex loci rei sitae. Lat. The law of the place where a thing is situated. [Agpalo, Conflict of Laws, p. 6]. Also Lex situs. Lex loci solutionis. Lat. The law of the place of performance of the contract. Lex loci voluntatis. Lat. An accepted doctrine in international law that the relationship bet. the parties to a contract shall be governed by the law which they voluntarily agreed to apply. The law voluntarily agreed upon by the partied. Lex mercatoria. Lat. Law merchant. Common commercial rules and procedures used throughout Europe in the Renaissance period. Lex nationalii. Lat. The concept that citizenship is the basis for determining the personal law applicable. Lex neminem cogit ad vana seu inutilia peragenda. Lat. The law compels no one to do futile or useless things. See Quod vanum et inutile est, lex non requirit. Lex non requirit verificari quod apparet curiae. Lat. The law does not require that to be verified which is apparent to the court. Lex patriae. Lat. Law of nationality. See Law of the person. Lex prospicit, non respicit. Lat. The law looks forward not backward. [Laceste v. Santos, GR L-36886, Feb. 1, 1932]. Lex rei sitae. Lat. The rule that real or personal property is subject to taxation in the state in which it is located, whether the owner is a resident or nonresident thereof. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 48]. Lex reprobat moram. Lat. The law disapproves of delay. [Billones v. CIR, GR L17566. July 30, 1965].
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Lex semper intendit quod convenit rationi. Lat. The law always intends that which is in accordance with reason. Lex situs. Lat. The applicable law regarding the acquisition, transfer and devolution of the title to property [which] is the law where the property is located. [Agpalo, Conflict of Laws, p. 5]. Ley Hipotecaria. Sp. Mortgage Law of 1893. [It] provided for the systematic registration of titles and deeds as well as possessory claims. [Collado v. CA, GR 107764, Oct. 4, 2002, 390 SCRA 343]. See Spanish Mortgage Law. Leyes de Indias. Sp. Laws of the Indies. The entire body of laws issued by the Spanish Crown for its Amer. and Phil. possessions of its empire. They regulated social, political and economic life in these areas. See Laws of the Indies. LGC. See Local Government Code of 1991. LGU. See Local government units. Liabilities. Corp. Law. Monetary claims against the debtor, incl. stockholders advances that have been recorded in the debtor's audited financial statements as advances for subscription. [Sec. 4, RA 10142; Sec. 1, Rule 2, AM 00-8-10SC, Dec. 2, 2008]. Liability. 1. The financial liability or anything that can result in a transfer or disposal of an asset through personal loans or otherwise obtained from banks, financial institutions, GSIS, Pag-Ibig and the like. It includes not only those incurred by the declarant but also 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]. 2. Any legal obligation, either due now or at some time in the future. It could be a debt or a promise to do something. Liability. Sources: (a) Delay; (b) fraud; (c) negligence; and (d) contravention of the tenor of the obligation. [Art. 1170, CC]. Liability of state for damages. The liability of the State has 2 aspects, namely: (a) its public or governmental aspects where it is liable for the tortious acts of special agents only; (b) its private or business aspects (as when it engages in private enterprises) where it becomes liable as an ordinary employer. [Paras, Civ. Code of the Phils. Annotated, 1986 Ed., p. 961]. In this jurisdiction, the State assumes a limited liability for the damage caused by the tortious acts or conduct of its special agent. [NIA v. Fontanilla, GR 61045. Dec. 1, 1989]. Liable. Legally responsible. Liable for tax. Obligated to pay a tax. See Subject to tax. Libel. Crim. Law. A public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act or omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. [Art. 353, RPC]. See Defamatory allegation. Libel. Crim. Law. Requisites: (a) It must be defamatory; (b) it must be malicious; (c) it must be given publicity; and (d) the victim must be identifiable. [Alonzo v. CA, GR 110088. Feb. 1, 1995]. Libel by means of writings or similar means. Crim. Law. Libel committed by
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means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means. [Art. 355, RPC]. Libel per quod. Libel which may be the result of an inference. Usu., a word or a phrase may be harmless by itself but becomes libelous when read with a particular circumstance. Libel per se. Broadcast or written publication of a false statement about another which accuses him/her of a crime, immoral acts, inability to perform his/her profession, having a loathsome disease, or dishonesty in business. Such claims are considered so obviously harmful that malice need not be proved to obtain a judgment for "general damages," and not just specific losses. Libel, Persons responsible for. Crim. Law. (a) Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same; (b) the author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the author thereof; and (c) Owner of the printing plant which published the libelous article and all other persons who in any way participated in or have connection with its publication. [Art. 360, RPC, as amended]. Libelous. Defamatory; slanderous. Libelous imputation. The following requisites must be met: (a) the allegation of a discreditable act or condition concerning another; (b) publication of the charge; (c) identity of the person defamed; and (d) existence of malice. [Vasquez v. CA, GR 118971, 15 Sept. 1999]. Libelous remarks. Crim. Law. Remarks or comments connected with the matter privileged under the provisions of Art. 354 of the Rev. Penal Code which, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. [Art. 362, RPC]. Liber baptisnorum. Lat. Baptismal book or record. [People v. Ritter, GR 88582. Mar. 5, 1991]. Liberal. Stat. Con. The term is often used to signify an interpretation which produces broader coverage or more inclusive application of statutory concepts. What is called a liberal construction is ordinarily one which makes a statute apply to more things or in more situations than would be the case under strict construction. Liberal construction. Stat. Con. A form of construction which allows a judge to consider other factors when deciding the meaning of a phrase or document, purposely to promote its object and to assist the parties in obtaining just, speedy and inexpensive determination of every action and proceedings. This rule of construction is esp. useful where adherence to the letter of the law would result in absurdity and manifest injustice. [Casela v. CA, 35 SCRA 279 (Oct. 16, 1970)]. Liberal construction of retirement laws doctrine. Stat. Con. The doctrine that retirement laws are liberally construed and administered in favor of the persons
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intended to be benefited. All doubts as to the intent of the law should be resolved in favor of the retiree to achieve its humanitarian purposes. [Borromeo v. CSC, 199 SCRA 924 (1991)]. Liberal interpretation. Stat. Con. Interpretation agreeing to what the reader believes the author reasonably intended. Liberty. Pol. Law. Freedom; exemption from extraneous control. Freedom from all restraints except such as are justly imposed by law. Freedom from restraint, under conditions essential to the equal enjoyment of the same right by others; freedom regulated by law. Liberty in contracts. The liberty of individuals and groups such as corporations to form contracts without government restrictions. See Autonomy in contracts. Liberty of abode and travel. Consti. Law. The right of a person to have his home or to maintain or change his home, dwelling, residence or habitation in whatever place he has chosen, within the limits prescribed by law and to go where he pleases without interference from anyone, except in the interest of national security, public safety or public health, as may be provided by law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 175]. Librarianship, Practice of. The practice of librarianship shall constitute in holding out oneself as skilled in the knowledge, art and science of the organization, dissemination, preservation and conservation of recorded information; the rendering, furnishing and contracting of professional services such as consultations and advice on the organization and management of libraries, data banks, research and information centers to clients on a fee basis or otherwise; the teaching of subjects in the library and information sciences; and the signing or authenticating for clients of documents or reports when called for. [Sec. 2, RA 6966]. License. 1. [A] permit or privilege to do what otherwise would be unlawful, and is not a contract bet. the authority, federal, state, or municipal, granting it and the person to whom it is granted; neither is it property or a property right, nor does it create a vested right; nor is it taxation. [37 C.J. 168]. The granting [thereof] does not create irrevocable rights, neither is it property or property rights [People v. Ong Tin, 54 O.G. 7576]. 2. Labor. A document issued by the DOLE authorizing a person or entity to operate a private employment agency. [Art. 13, LC]. 3. Optical Media Law. The authority granted by the Optical Media Board (OMB) to establishments or entities registered with the OMB to engage in the business of mastering, manufacture, replication, importation or exportation of optical media. [Sec. 3, RA 9239]. License tax. Also License fee. 1. An imposition or exaction on the right to use or dispose of a property, to pursue a business, occupation, or calling, or to exercise a privilege. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968]. 2. It is often used indiscriminately to designate impositions exacted for the exercise of various privileges. It does not refer solely to a license for regulation, In many instances, it refers to revenue raising exactions on privileges or activities. [Victorias Milling, Co., Inc. v. Mun.
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of Victorias, GR L-21183. Sep. 27, 1968]. Licensed citizen. Any Filipino who complies with the qualifications set forth in RA 10591 and duly issued with a license to possess or to carry firearms outside of the residence in accordance with [said] Act. [Sec. 3, RA 10591]. Licensed juridical entity. Corporations, organizations, businesses incl. security agencies and LGUs which are licensed to own and possess firearms in accordance with RA 10591. [Sec. 3, RA 10591]. Licensing. 1. Agency process involving the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification or conditioning of a license. [Sec. 2, Chap. 1, Book VII, EO 292]. 2. Licensing. The process of approval of an application to operate or establish an establishment prior to engaging in the manufacture, importation, exportation, sale, offer for sale, distribution, transfer, and where applicable the use, testing, promotion, advertisement, and/or sponsorship of health products. [Sec. 9, RA 9711]. Lien. 1. A statutory or contractual claim or judicial charge on real or personal property that legality entities a creditor to resort to said property for payment of the claim or debt secured by such lien. [Sec. 4, RA 10142]. 2. Legal right to take or hold property of a debtor as a payment or severity from a debt or obligation. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. 3. An existing burden or charge on the property. [People v. CA, GR 81541. Oct. 4, 1989, 5th Ed. (1979)]. 4. A property right which remains attached to an object that has been sold, but not totally paid for, until complete payment has been made. It may involve possession of the object until the debt is paid or it may be registered against the object (esp. if the object is real estate). Liens, encumbrances. legal problems. Conditions which prevent an outright disposal of property. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Life estate. A right to use and to enjoy land and/or structures on land only for the life of the life tenant. The estate reverts back to the grantor (or to some other person), at the death of the person to whom it is given. Life imprisonment. Crim. Law. A penalty which does not carry with it any accessory penalty, and does not appear to have any definite extent or duration. [People v. Layno, GR 110833. Nov. 21, 1996]. Compare with Reclusion perpetua. Life insurance. 1. Insurance on human lives and insurance appertaining thereto or connected therewith. [Sec. 179, IC]. 2. An insurance upon life may be made payable on the death of the person, or on his surviving a specified period, or otherwise contingently on the continuance or cessation of life. [Sec. 180, IC] Life tenant. The beneficiary of a Life estate. Lifeblood. The indispensable factor or influence that gives something its strength and vitality. Lifeblood theory. The theory that taxes are the lifeblood of the govt. and so should be collected without unnecessary hindrance. On the other hand, such collection should be made in accordance
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with law as any arbitrariness will negate the very reason for govt. itself. It is therefore necessary to reconcile the apparently conflicting interests of the authorities and the taxpayers so that the real purpose of taxation, which is the promotion of the common good, may be achieved. [Comm. of Int. Rev. v. CA, GR L-28896. Feb. 17, 1988]. Lifeline. A rope or line used for life-saving, typically one thrown to rescue someone in water or one used by sailors to secure themselves to a boat. Lifeline rate. 1. A socialized pricing mechanism for the marginalized endusers set by the ERC, which shall be exempted from the cross subsidy phase-out under [RA 9136, as amended] for a period of twenty (20) years, unless otherwise extended by law. [Sec. 73, RA 9136, as amended by RA 10150]. 2. The subsidized rate given to low-income captive market [of electricity] end-users who cannot afford to pay at full cost. [Sec. 4, RA 9136]. Lifetime Member. Health Ins. A former member who has reached the age of retirement under the law and has paid at least 120 monthly premium contributions. [Sec. 3, RA 10606] Light coercions. Crim. Law. The felony committed by any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt. [Art. 287, RPC]. Light durables. Non-consumable items portable or transportable as accompanied personal baggage in the course of travel. [Customs AO 3-95, Dec. 6, 1995]. Light felonies. Crim. Law. Those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding P200 or both is provided. [Art. 9, RPC]. Light penalties. Crim. Law. The following are light penalties under the Rev. Penal Code: Arresto menor, public censure, and fine, whether imposed as a single of as an alternative penalty, which is less than 200 pesos. [Arts. 25-26, RPC]. Light threats. Crim. Law. 1. Any threat to commit a wrong not constituting a crime, made in the manner expressed in subdivision 1 of Art. 282 of the Rev. Penal Code. [Art. 283, RPC]. 2. The felony committed by: (a) any person who, without being included in the provisions of Art. 284 of the Rev. Penal Code, shall threaten another with a weapon or draw such weapon in a quarrel, unless it be in lawful self-defense; (b) any person who, in the heat of anger, shall orally threaten another with some harm not constituting a crime, and who by subsequent acts show that he did not persist in the idea involved in his threat, provided that the circumstances of the offense shall not bring it within the provisions of Art. 282 of the Rev. Penal Code; (c) any person who shall orally threaten to do another any harm not constituting a felony. [Art. 285, RPC]. Light weapons. Class-A Light weapons which refer to self-loading pistols, rifles and carbines, submachine guns, assault rifles and light machine guns not exceeding caliber 7.62MM which have fully automatic mode; and Class-B Light weapons which refer to weapons designed for use by 2 or more persons serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such as
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heavy machine guns, handheld underbarrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable launchers of antiaircraft missile systems, and mortars of a caliber of less than 100MM. [Sec. 3, RA 10591]. Lighter. A flat-bottomed boat or barge used in loading or unloading cargo to or from vessels. [Sec. 3, PD 857]. Like product. A domestic product which it identical, i.e., alike in all respects to the imported product under consideration, or in the absence of such a product, another domestic product which, although not alike in all respects, has characteristic: closely resembling those of the imported product under consideration. [Sec. 4, RA 8800]. Limitation of action. The loss of the right to enforce an action by the lapse of time. Limited access. A fishery policy by which a system of equitable resource and allocation is established by law through fishery rights granting and licensing procedure as provided by the Phil. Fisheries Code of 1998. [Sec. 4, RA 8550]. Limited access facility. A highway or street esp. designed for through traffic, and over, from, or to which owners or occupants of abutting land and other persons have no right of easement or only a limited right of easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be parkways, from which trucks, busses, and other commercial vehicles shall be excluded; or they may be free ways open to use by all customary forms of street and highway traffic. [Sec. 2, RA 2000]. Limited capacity doctrine. The doctrine adopted by [the] corporation law under which a corporation has only such powers as are expressly granted or those that are necessarily implied from those expressly granted or those which are incidental to its existence. [Sec. 2, Corp. Code]. Limited jurisdiction. Courts that are limited in the types of criminal and civil cases they may hear. Limited liability doctrine. Mar. Ins. The liability of the shipowner of a ship is confined to the vessel, equipment, and freight, or insurance, if any, so that if the shipowner abandoned the ship, equipment, and freight, his liability is extinguished. However, the doctrine does not apply when the shipowner or captain is guilty of negligence. [Suggested Answer for the 1999 Bar, UPLC, (2002), p. 41]. Compare with Inscrutable fault doctrine. Limited liability doctrine; exception. Mar. Ins. When the damage is due to the fault of the shipowner or to the concurrent negligence of the shipowner and the captain, in which case the shipowner shall be liable to the full extent of the damage. [Aboitiz Shipping Corp. v. New India Assurance Ltd., GR 156978, May 2, 2006], Limited liability rule. Mar. Ins. The ship owner's or agent's liability is merely coextensive with his interest in the vessel such that a total loss thereof results in
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its extinction. "No vessel, no liability" expresses in a nutshell the limited liability rule. [Govt. Insular Maritime Co. v. The Insular Maritime, 45 Phil. 805, 807 (1924)]. Limited liability rule; exceptions. Mar. Ins. 1. Where the injury or death of a passenger is either due to the fault of the shipowner or the concurring negligence of the ship captain and the owner; 2. where the vessel is insured; 3. in cases of workmen's compensation claims. [Chua Yek Hong v. IAC, GR 74811 Sept. 30, 1988]. Limited partner. 1. A partner who has agreed to be liable only to the extent of his investment. A limited partner, though, has no right to manage the partnership and is usu. just an investor or promoter. 2. A unique colleague in a partnership relationship who has agreed to be liable only to the extent of his investment. Limited partners, though, have no right to manage the partnership. Compare with General Partner. Limited partnership. A partnership formed by 2 or more persons under the provisions of the Art. 1844 of the Civ. Code, having as members one or more general partners and one or more limited partners. The limited partners as such shall not be bound by the obligations of the partnership. [Art. 1843, CC]. Compare with General partnership. Lina Law. RA 7279, otherwise known as the Urban Development and Housing Act (UDHA) of 1992. Lineal. In a direct line of descent or ancestry. Lineal descendant. A person who is a direct descendant such as a child to his or her natural parent. Linear. Arranged in or extending along a straight or nearly straight line. Linear wounds. Wounds which are skin deep (and) could have been caused by fingernails or any sharp grass. [People v. Almenario, GR 91491. Aug. 12, 1992]. Liner service. The operation of a common carrier which publicly offers its services without discrimination to any user, has regular ports of call or destination, fixed sailing schedules and frequencies and published freight rates and attendant charges and usu. carries multiple consignments. [Sec. 1, RA 9515]. Line-up. A process by which a crime victim or witness' putative identification of a suspect is confirmed to a level that can count as evidence at trial. See Police line-up. Line-ups. [Out-of-court identification(s) conducted by the police] where a witness identifies the suspect from a group of persons lined up for the purpose. [People v. Teehankee, GR 111206-08. Oct. 6, 1995]. Compare with Show-ups and Mug shots. Links in the chain. Links that must be established in the chain of custody in a buy-bust situation, viz: 1st, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; 2nd, the turnover of the illegal drug seized by the apprehending officer to the investigating officer; 3rd, the turnover by the investigating officer of the illegal drug to the fo-
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rensic chemist for laboratory examination; and 4th, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court. [People v. Camad, GR 174198, Jan. 9, 2010]. Liquid. Readily convertible into cash. Liquidate. To pay and settle. To convert assets to cash. To ascertain the amount, or the several amounts, of the liabilities of insolvent and apportion the assets toward the discharge of the indebtedness. Liquidated. Ascertained. Determined; fixed; settled; made clear or manifest. Cleared away; paid; discharged; wound up. Made certain or fixed by agreement of parties or by operation of law. Liquidated account. An account whereof the amount is certain and fixed, either by the act and agreement of the parties or by operation of law; a sum which cannot be changed by the proof. Liquidated amount. 1. One that is determined by agreement or by litigation. 2. Damages agreed upon by the parties to a contract to be paid in case of breach thereof. Liquidated claim. 1. A claim in which the amount and time of payment is fixed. [Lao v. Special Plans, Inc., GR 164791, June 29, 2010]. 2. A claim acknowledged by the debtor, although not in writing. [Lao v. Special Plans, Inc., GR 164791, June 29, 2010]. Liquidated damages. 1. Those agreed upon by the parties to a contract, to be paid in case of breach thereof. [Art. 2226, CC]. 2. Those the amount of which has been agreed upon by the parties or fixed by the judgment of a competent court. [Torres, Oblig. & Cont., 2000 Ed., p. 334]. Liquidating partner. A partner who takes charge of liquidating the affairs of the partnership after its dissolution. [Suarez, Intro. to Law, 1995 3rd Ed., p. 120]. Liquidation. 1. The proceedings under Chap. V of RA 10142. [Sec. 4, RA 10142]. 2. The process of settling the affairs of [a] corporation, which consists of adjusting the debts and claims, that is, of collecting all that is due the corporation, the settlement and adjustment of claims against it and the payment of its just debts. [China Banking Corp. v. M. Michelin & Cie, 58 Phil 261, 266 (1933)]. 3. The selling of all the assets of a debtor and the use of the cash proceeds of the sale to pay off creditors. See also Winding up. Liquidation court. The RTC having jurisdiction to assist in the adjudication of the disputed claims against the bank or nonbank financial intermediary performing quasi-banking functions and in the enforcement of individual liabilities of the stockholders, and do all that is necessary to preserve the assets of such institution and to implement the liquidation plan approved by the Monetary Board. [Sec. 29, RA 265, as amended]. Liquidation Order. The Order issued by the court under Sec. 112 of RA 10142. [Sec. 4, RA 10142]. Liquidator. The natural person or juridical entity appointed as such by the court and entrusted with such powers and duties as set forth in RA 10142: Provided, That, if the liquidator is a juridical entity, it must designated a
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natural person who possesses all the qualifications and none of the disqualifications as its representative, it being understood that the juridical entity and the representative are solidarity liable for all obligations and responsibilities of the liquidator. [Sec. 4, RA 10142]. Liquidity. 1. The availability of liquid assets to a market or company. 2. Liquid assets; cash. Liquidity reserve. A portion of the trust fund set aside by the trustee to cover benefits due to planholders for the ensuing year. [Sec. 4, RA 9829]. Lis mota. Lat. 1. Main issue. [Taada v. Angara, GR 118295. May 2, 1997]. 2. Threshold legal issue. [Frivaldo v. Comelec, GR 120295. June 28, 1996]. 3. The 4th requirement to satisfy before the [Sup.] Court will undertake judicial review means that the Court will not pass upon a question of unconstitutionality, although properly presented, if the case can be disposed of on some other ground, such as the application of the statute or the general law. [Cong. Garcia v. Exec. Sec., GR. 157584, Apr. 2, 2009]. Lis pendens. Lat. 1. A pending suit or a pending litigation. [People v. RTC Manila, GR 81541. Oct. 4, 1989]. 2. A notice filed in the office of the Register of Deeds of the province where the land is situated which gives notice that a suit is pending against the owner of designated property. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. Lis pendens doctrine. The doctrine holding that the jurisdiction, power or control which a court acquires over the property involved in a suit pending the continuance of the action and until final judgment thereunder. Lis pendens notice. An announcement to the whole world that a particular real property is in litigation, serving as a warning that one who acquires an interest over the said property does so at his own risk, or that he gambles on the result of the litigation over the said property. It is but a signal to the intending buyer or mortgagee to take care or beware and to investigate the prospect or nonprospect of the litigation succeeding before he forks down his money. [People v. RTC of Manila, GR 81541. Oct. 4, 1989]. Literacy. 1. The ability to read and write. 2. Competence or knowledge in a specified area. Literacy training service. A program designed to train students to become teachers of literacy and numeracy skills to school children, out of school youth, and other segments of society in need of their service. [Sec. 3, RA 9163]. Literal. Taking words in their usual or most basic sense without metaphor or allegory. Literal construction. A form of construction which does not allow evidence extrapolated beyond the actual words of a phrase or document but, rather, takes a phrase or document at face value, giving effect only to the actual words used. Also known as strict" or "strict and literal" construction. Contrasts with liberal construction [which allows for the input from other factors such as the purpose of the document being interpreted].
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Literal infringement. [It] means that each and every element recited in a claim has identical correspondence in the allegedly infringing device or process. Literal infringement test. A test established to determine infringement where resort must be had, in the 1st instance, to the words of the claim. If accused matter clearly falls within the claim, infringement is made out and that is the end of it. To determine whether the particular item falls within the literal meaning of the patent claims, the Court must juxtapose the claims of the patent and the accused product within the overall context of the claims and specifications, to determine whether there is exact identity of all material elements. [Godinez v. CA, GR 97343. Sep. 13, 1993]. Compare with Doctrine of equivalents test. Litigant. A party to a lawsuit. Litigated motion. A motion where notice to the adverse party is necessary to afford the latter an opportunity to resist the application. [Denso v. IAC, GR 75000. Feb. 27, 1987]. Litigation. 1. A contest in which each contending party fully and fairly lays before the court the facts in issue and then, brushing aside as wholly trivial and indecisive all imperfections of form and technicalities of procedure, asks that justice be done upon the merits. [Alonso v. Villamor, 16 Phil. 316, 321-322]. 2. A dispute which has become the subject of a formal court action or law suit. 3. A lawsuit; a legal action, incl. all proceedings therein. Litis pendentia. Lat. A pending suit. It is variously referred to in some decisions as lis pendens and auter action pendant. [Buan v. Lopez, Jr., GR 75349, 13 Oct. 1986]. Litis pendentia. Requisites: (a) Identity of parties or at least such as represent the same interest in both actions; (b) Identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) The identity in the 2 cases should be such that the judgment that may be rendered in one would, regardless of which party is successful, amount to res judicata in the other. [Ramos v. Peralta, GR L-45107. Nov. 11, 1991]. Litmus test. 1. A test for chemical acidity or basicity using litmus paper. 2. A test that uses a single indicator to prompt a decision. Little Assembly. See Interim Committee. Littoral. The coastal region incl. both the land along the coast and the water near the coast or the shore zone bet. the high and low watermarks. [Santulan v. Exec. Sec., GR L-28021. Dec. 15, 1977]. Compare with Riparian. Live-in. When ascribed to a couple of different sexes, the present-day term for a man and a woman who are living together and comporting themselves as husband and wife without the benefit of matrimony. Live-in relationship. A living arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage. See Cohabitation. Livelihood. A means of securing the necessities of life.
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Livelihood tools. Instruments used by hand or by machine necessary to a person in the practice of his trade, vocation or profession, such as hand tools, power tools, precision tools, farm tools, tools for dressmaking, shoe repair, beauty parlor, barber shop and the like, as may be determined by the Overseas Workers Welfare Administration (OWWA). [Sec 2, RA 9174]. Liver cancer. Also Hepatoma. Malignant primary tumor of the liver destroying the parenchyma arise (sic) from both liver cell and bile duct elements. It develops most frequently in the previous cirrhosis liver. [Clemente v. GSIS, GR L-47521. July 31, 1987]. Livestock. Domestic animals used or raised on a farm, esp. for profit. Living unit. A dwelling, or portion thereof, providing complete living facilities for one family, incl. provisions for living, sleeping, cooking, eating, bathing and toilet facilities and laundry facilities, the same as a single family-dwelling. [Sec. 3, BP 220]. Llave. Brass knuckle. [Manalaysay v. CA, GR 79946. Apr. 12, 1989]. Also Llave llesa. LL.B., LL.M. or LL.D. The Latin abbrev. for the 3 classes of law degrees: the regular bachelor degree in law (LL.B.), the masters degree in law (LL.M.) and the doctorate in law (LL.D.). LLDA. See Laguna Lake Development Authority. LMC. See Labor Management Committee. Loan. 1. It covers both simple loan and commodatum as well as guarantees, financing arrangements or accommodations intended to ensure its approval. [Sec. 3, RA 6713]. 2. A loan the total principal amount of which, as and when required for application to the purposes thereof, is, at the time of the making thereof, assured from funds that are or will become available therefor. [Sec. 3, PD 269]. Loan contract. A contract 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, in which case the contract is called a commodatum; or money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid, in which case the contract is simply called a loan or mutuum. [Art. 1933, CC]. Lobby. To seek to influence a politician or public official on an issue. Lobbying. All attempts incl. personal solicitation to induce legislators to vote in a certain way or to introduce legislation. It includes scrutiny of all pending bills which affect ones interest or the interests of ones clients, with a view towards influencing the passage or defeat of such legislation. [Manual on Definitions of Admin. Offenses in the Civil Service, Oct. 2004, p. 42, 5th Ed., 1979]. Lobbyist. Someone who is employed to persuade legislators to vote for legislation that favors the lobbyist's employer. Local. Of or relating to a city, town, or district rather than a larger area.
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Local action. Rem. Law. An action founded on privity of estate only and there is no privity of contract. [Albano, Rem. Law Reviewer, 1st Ed., p. 71]. Compare with Transitory action. Local autonomy. Pol. Law. Under the Consti., it involves a mere decentralization of administration, not of power, in which local officials remain accountable to the central govt. in the manner the law may provide. [Ganzon v. CA, GR 93252. Aug. 5, 1991]. Local Chief Executive (LCE). In general, the Mayor. Local chief executives. The Provincial Governors, City or Municipal Mayors and Punong Barangay, as the case may be. [Sec. 3, RA 6735]. Local Disaster Coordinating Council. A group of persons at the provincial, municipal, or barangay level, duly organized pursuant to PD 1566. [Sec. 1, EO 948, Apr. 23, 1984]. Local government. A political subdivision of a nation or state which is constituted by law and has substantial control of local affairs. In a unitary system of govt., such as the govt. under the Phil. Consti., local govts. can only be an intra sovereign subdivision of one sovereign nation, it cannot be an imperium in imperio. Local govt. in such a system can only mean a measure of decentralization of the function of govt. [Basco v. Pagcor, GR 91649. May 14, 1991]. Local government archives. Local govt. records that have been collected by the controlling LGU that served as historical evidences in the performance of its duties. [Sec. 4, RA 9470]. Local Government Code (LGC) of 1991. RA 7160 entitled An Act providing for a Local Govt. Code of 1991 enacted on Oct. 10, 1991 and took effect on Jan. 1, 1992. Local government records. Records in any form, in whole or in part, created or received, whether before or after the effectivity of RA 9470, by an LGU in the conduct of its affairs. [Sec. 4, RA 9470]. Local government share. The amount due the LGUs from the exploitation, development and utilization of naturallyoccurring renewable energy resources. [Sec. 4, RA 9513]. Local government unit (LGU). Province, city, municipality or barangay. Also known as Municipal corporation. Local government units (LGUs). Provinces, cities, municipalities and barangays. [Sec. 3, RA 6735]. Also known as Municipal corporations. Local initiative. The legal process whereby the registered voters of a[n] LGU may directly propose, enact, or amend any ordinance. [Sec. 120, RA 7160]. Local legislative bodies. The Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan, and Sangguniang Barangay. [Sec. 3, RA 6735]. Local legislative body. The Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan, or Sangguniang Barangay. Local referendum. The legal process whereby the registered voters of the LGUs may approve, amend or reject
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any ordinance enacted by the sanggunian. [Sec. 126, RA 7160]. Local statute. A statute whose operation is confined within territorial limits other than that of the whole state, or applies to any political subdivision or subdivisions of the state less than the whole, or to property and persons of a limited portion of the state, or is directed to a specific locality or spot, as distinguished from a law which operates throughout the state. [Suarez, Stat. Con., (1993), p. 96]. Local telephone exchange. 1. An item of telecommunication apparatus designated by the grantee as such in its application with the National Telecommunications Commission for a certificate of public necessity and convenience under Sec. 10 of RA 7678. [Sec. 2, RA 7678]. 2. A central switching facility or a telecommunications apparatus which routes calls through the network or system. [Sec. 2, RA 7617]. Local union. Any labor organization operating at the enterprise level. [Sec. 1, Rule 1, Book 5, IRR of LC]. Local Water Utilities Administration (LWUA). A government-owned and controlled corporation (GOCC) with a specialized lending function mandated by law to promote and oversee the development of water supply systems in provincial cities and municipalities outside of Metropolitan Manila. Local water utility. Any district, city, municipality, province, investor-owned public utility or cooperative corporation which owns or operates a water system serving an urban center in the Phils. [Sec. 3, PD 198]. Locally available materials. Form lumber, gravel and sand, nipa, sawali, old G.I. sheets and other low-cost, indigenous or used materials that could be used as inputs in small infrastructure projects. [Sec. 4, RA 7607]. Location (of mining claim). The act of appropriating a mining claim on the public domain, acc. to established law or rules. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 87]. Location plan. A sketch which serves to determine the location of the lot involved. Lockout. Labor. 1. It comprises shutdowns, mass retrenchment and dismissals, without previous written clearance from the Sec. of Labor or his duly authorized representative. [Sec. 2, PD 823]. 2. The temporary refusal of an employer to furnish work as a result of an industrial or labor dispute. [Art. 212, LC]. Compare with Shutdown. Lockup. It is included in the broader term "detention," which refers not only to the placing of a person in an enclosure which he cannot leave, but also to any other deprivation of liberty. [People v. Santos, GR 117873, Dec. 22, 1997]. Locus. Lat. The place. Locus criminis. Lat. The locality of a crime. The place where a crime was committed. Locus delicti. Lat. 1. The place of the offense. The place where an offense was committed. 2. The place which has the most substantial or essential connection with the act [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 392].
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Locus standi. Lat. 1. A personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. [Francisco v. HoR, GR 160261. Nov. 10, 2003]. 2. The legal interest which a plaintiff must have in the subject matter of the suit. [Antonio v. Factoran, GR 101083. July 30, 1993]. See Legal standing. Lode. A vein of metal ore in the earth. Lode mineral claim. A parcel of mineral lands containing a vein, lode, ledge, lens, or mass of ore in place which has been located in accordance with law. [Sec. 18, PD 464]. Lodger. One who has merely the use without the actual or exclusive possession of his room. Lodging establishment. A building, edifice, structure, apartment or house incl. tourist inn, apartelle, motorist hotel, and pension house engaged in catering, leasing or providing facilities to transients, tourists or travellers. [Sec. 3. RA 9994]. Lodging house. A building where persons are supplied with and charged for sleeping accommodations only. [Sec. 63, PD 856]. Compare with Boarding house. Log. Felled trees bucked into convenient length of at least 1.5 meters, with at least 15 cm in diameter. It may either be poles, piles, pulpwood, saw log or veneer log. Logger. A person who fells trees for timber; a lumberjack. Logging. The activity or business of felling trees and cutting and preparing the timber. Log-rolling. The exchanging of political favors, esp. the trading of influence or votes among legislators to achieve passage of projects that are of interest to one another. Log-rolling legislation. Process whereby Members of a legislative body help each other get particular legislation passed. One Member will help another on one piece of legislation in return for similar help. See Hodge-podge legislation. Loko. Tag. 1. Notorious. [People v. Yarcia, GR L-31179. Oct. 26, 1983]. 2. Fool, idiot or stupid. Lone Candidate Law. RA 8295, entitled An Act providing for the proclamation of a lone candidate for any elective office in a special election, and for other purposes enacted on June 6, 1997. Long arm statute. Intl. Law. A law defining the conduct of a foreign person within a state which will subject that person to the jurisdiction of the state. Long certificate of registration. Licenses issued to government agencies or offices or GOCCs for firearms to be used by their officials and employees who are qualified to possess firearms as provided in RA 10591, excluding security guards. [Sec. 3, RA 10591]. Longa manu, Traditio. The delivery of the object of the contract of sale takes place by the mere consent or agreement of the contracting parties as when the vendor merely points to the thing sold which shall thereafter be at the control and the
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disposal of the vendee. See Traditio longa manu. Long-term contracts. Building, installation or construction contracts covering a period in excess of 1 year. [Sec. 48, NIRC, as amended]. Loose. Not firmly or tightly fixed in place; detached or able to be detached; free from constraint. Loose firearm. An unregistered firearm, an obliterated or altered firearm, firearm which has been lost or stolen, illegally manufactured firearms, registered firearms in the possession of an individual other than the licensee and those with revoked licenses in accordance with the rules and regulations. [Sec. 3, RA 10591]. Loss. 1. Mar. Law. A situation where no delivery at all was made by the shipper of the goods because the same had perished, gone out of commerce, or disappeared in such a way that their existence is unknown or they cannot be recovered. It does not include a situation where there was indeed delivery - but delivery to the wrong person, or a misdelivery. [As defined in Art. 18, CC and as applied to Sec. 3 (6), par. 4 of the Carriage of Goods by Sea Act]. 2. Ins. Injury or damage caused by an accident for which the insurer may, under the provision of the policy, be liable, though at that time the extent of the loss may not be ascertainable. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 84-85]. Loss in insurance. The injury or damage sustained by the insured in consequence of the happening of one or more of the accidents or misfortune against which the insurer, in consideration of the premium, has undertaken to indemnify the insured. [Martin's Phil. Comml. Laws, Vol. 1, 1961 ed. p. 608). Loss of bargain. The inability to complete a sale or other business deal, caused by another's breach of contract, intentional interference with one's business, negligence or some other wrongdoing. The amount of monetary damages resulting from this loss can be determined in a lawsuit. Loss of confidence. Labor. As a just cause for termination of employment, [it] is premised on the fact that the employee concerned holds a position of responsibility, trust and confidence. He must be invested with confidence on delicate matters, such as the custody, handling, care, and protection of the employer's property and/or funds. In order to constitute a just cause for dismissal, the act complained of must be "work-related" such as would show the employee concerned to be unfit to continue working for the employer. [Gonzales v. NLRC, GR 131653, Mar. 26, 2001, 355 SCRA 195, 207]. Loss of confidence. Labor. Elements: 1. Whether the fraud or breach of trust is in connection to the employees work; and 2. Whether the employee concerned is holding a position of trust and confidence. Loss of confidence. Pol. Law. The formal withdrawal by an electorate of their trust in a person's ability to discharge his office previously bestowed on him by the same electorate. [Evardone v. Comelec, GR 94010. Dec. 2, 1991].
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Loss of confidence doctrine. Labor. Guidelines for its application: 1. The loss of confidence must not be simulated; 2. it should not be used as a subterfuge for causes which are illegal, improper or unjustified; 3. it may not be arbitrarily asserted in the face of overwhelming evidence to the contrary; 4. it must be genuine, not a mere afterthought, to justify earlier action taken in bad faith; and 5. the employee involved holds a position of trust and confidence. [Ramos v. CA, GR 145405, June 29, 2004]. Loss of consortium. The inability of one's spouse to have normal marital relations, which is a euphemism for sexual intercourse. Such loss arises as a claim for damages when a spouse has been injured and cannot participate in sexual relations for a period of time or permanently due to the injury, or suffers from mental distress, due to a defendant's wrongdoing, which interferes with usual sexual activity. Also called Loss of marital consortium. Loss of marital consortium. Loss of conjugal fellowship and sexual relations. [Kierulf v. CA, GR 99301 Mar. 13, 1997]. Loss of standing in court. Loss of the right of a party, by reason of having been declared in default, to present his defense and examine or cross-examine witnesses. It does not mean nor constitute a waiver of all rights; what is waived only is the right to he heard and to present evidence during the trial while default prevails. A party in default is still entitled to notice of final judgments and orders and proceedings taken subsequent thereto. [Garcia v. CA, GR 83929. June 11, 1992]. Loss of the instrument; how shown. The loss may be shown: (a) by any person who knew the fact of its loss; (b) by anyone who has made, in the judgment of the court, a sufficient examination in the place or places where the document or papers of similar character are usu. kept by the person in whose custody the document lost was, and has been unable to find it; or (c) by anyone who has made any other investigation which is sufficient to satisfy the court that the instrument is indeed lost. [E. Michael & Co. v. Enriquez, GR 10824. Dec. 24, 1915]. See also Execution and delivery of the document; by whom established and Destruction of the instrument; how proved. Loss of the thing due. A thing is considered lost when (a) it perishes, or (b) goes out of commerce, or (c) it disappears in such a way that its existence is unknown or it cannot be recovered. [Art. 1189 (2), CC]. Loss of trust and confidence. 1. [As a ground for dismissal of an employee, it] must be based not on ordinary breach by the employee of the trust reposed in him by the employer, but, in the language of Art. 282 (c) of the Labor Code, on willful breach. [Salas v. Aboitiz One, Inc., GR 178236, June 27, 2008]. 2. As a cause for termination of employment, [it] is premised on the fact that the employee concerned holds a position of responsibility or of trust and confidence. As such, he must be invested with confidence on delicate matters, such as custody, handling or care and protection of the property and assets of the employer. And, in order to constitute a just cause for dismissal, the act complained of must be work-related and must show that the employee is unfit to continue to
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work for the employer. [Velez v. Shangri-Las Edsa Plaza Hotel, GR 148261, Oct. 9, 2006]. Loss of trust and confidence. Requisites [that] must concur [before] the services of an employee [may be] terminated: (1) The employee concerned must be holding a position of trust and confidence [Condo Suite Club Travel, Inc. v. NLRC, 380 Phil. 660, 668 (2000)] and (2) there must be an act that would justify the loss of trust and confidence. [Equitable Banking Corp. v. NLRC, GR 102467, June 13, 1997]. Loss of use. The inability to use an automobile, premises or some equipment due to damage to the vehicle, premises or articles caused by the negligence or other wrongdoing of another. Loss payable clause. Ins. A clause which entitles the loss payee to collect from the policy to the extent of the credit. Stated otherwise, as long as the insurable interest of the loss payee subsists, the mortgagor has no right to collect on the policy to the extent of that credit. Lost things. Those things which are without a possessor, but are not res nullius. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 496]. Lot line wall. A wall used only by the party upon whose lot the wall is located, erected at a line separating 2 parcels of land each of which is a separate real estate entity. [Sec. 3, BP 220]. Lot or Plot. A portion of a subdivision or any parcel of land intended as a unit for transfer of ownership or for building development. [Sec. 3, BP 220]. Lottery. 1. The term extends to all schemes for the distribution of prizes by chance, such as policy playing, gift exhibitions, prize concerts, raffles at fairs, etc., and various forms of gambling. [El Debate v. Topacio, GR 19982. Dec. 29, 1922]. 2. A means of raising money by selling numbered tickets and giving prizes to the holders of numbers drawn at random. 3. A process or thing whose success or outcome is governed by chance. Lottery. Essential elements: 1st, consideration; 2nd, prize and 3rd, chance. [El Debate v. Topacio, GR 19982. Dec. 29, 1922]. Low birth weight infant. A newborn weighing less than 2,500 grams at birth. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Lowest complying and responsible bid. The proposal of one who offers the lowest price, meets all the technical specifications and requirements of the supplies desired and, as a dealer in the line of supplies involved, maintains a regular establishment, and has complied consistently with previous commitments. [Sec. 357, LGC]. LPG. Liquefied petroleum gas. LPG distributor. Any person or entity, whether natural or juridical, engaged in exporting, refilling, transporting, marketing, and/or selling of LPG to end users and other consumers. [Sec. 4, RA 8479]. LRA. See Land Registration Authority. LTAP. Land Tenure Assistance Program. LTO. See Land Transportation Office.
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Luces. Any of several kinds of sparklers. [Sec. 2, RA 7183]. Lucid interval. A period of temporary sanity. [Ancheta, The Law on Obligations and Contracts, Rev. Ed., p. 142]. Lucrative. Profitable or gainful. [In re: Keng Giok v. Rep., GR L-13347. Aug. 31, 1961]. Lucrative employment. A gainful employment. It is not only that the person having the employment gets enough for his ordinary necessities in life. [Swee Din Tan v. Rep., 109 Phil. 287 (1960)]. It must be shown that the employment gives one an income such that there is an appreciable margin of his income over his expenses as to be able to provide for an adequate support in the event of unemployment, sickness, or disability to work and thus avoid one's becoming the object of charity or a public charge. [Lim Biak Chiao v. Rep., L28541, Jan. 14, 1974]. Lucro cesante. Sp. Unrealized profit. Usu. the price which the thing could have commanded on the date the obligation should have been fulfilled, but was not. [Associated Realty v. CA, GR L-18056. Jan. 30, 1965]. See also Dao emergente. Lucrum cessans. Lat. 1. Unrealized profits. [So v. Food Fest Land, Inc., GR 183628 & 183670. Apr. 7, 2010]. 2. The monetary profit claimed as damages in an action for breach of contract. Lugaw. 1. Porridge. 2. Powdered rice. [People v. Igdanes, GR 105804. May 5, 1997]. 3. Boiled rice. [Peole v. Liera, GR L-32147-49. Mar. 17, 1978]. Lukaret. Tag. A crazy woman. Lumber. 1. A processed log or timber. [Lalican v. Vergara, GR 108619. July 31, 1997]. 2. Timber or logs after being prepared for the market. 3. Solid wood not further manufactured other than sawing, re-sawing, kiln-drying and passing lengthwise through a standard planing machine, incl. boules or unedged lumber. [Sec. 3.2 of DENR AO 19, S. of 1989, 17 Mar. 1989]. Lumber dealer. A person or entity engaged in the buying or selling, or both, of coconut logs, timber and/or coconut tree lumber. [Sec. 3, PCA AO 1-95]. Lumber yards or Tablerias. Those establishments which are dedicated to the sawing of timber either by hand or motor and those establishments which although not sawing timber, have lumber for sale. Lump sum. The present value of the basic monthly pensions for 5 years discounted at a rate of interest to be determined by the GSIS but not less than 6% per annum. [Sec. 2, PD 1146]. Lump sum contract. 1. A type of pricing agreement in sales involving real estate which states a full purchase price for an immovable the area of which may be declared based on the estimate or where both the area and boundaries are stated [e.g., P1 million for 1,000 square meters, etc.]. [Esguerra v. Trinidad, GR 169890, Mar. 12, 2007]. 2. A contract (with) a lump sum price and is not based upon the specified cost of a defined unit of work. [Baylen Corp. v. CA, GR 76787. Dec. 14, 1987]. Compare with Unit price contract. Lungga. Tag. It is known to police as the area where drug traffickers and criminal
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elements abound. [People v. Boholst, GR 73008. July 23, 1987]. Lupon. Tag. Committee; board; body. Lupong Tagapamayapa. The body organized in every barangay composed of the punong barangay as chairman and 10 to 20 members. The lupon is constituted every 3 years. [Art. 196, IRR of RA 7160]. Luring. The act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography. [Sec. 3, RA 9775]. LWUA. See Local Water Utilities Administration. Lyceum. The Latin word for the Greek lykeion which in turn referred to a locality on the river Ilissius in ancient Athens comprising an enclosure dedicated to Apollo and adorned with fountains and buildings erected by Pisistratus, Pericles and Lycurgus frequented by the youth for exercise and by the philosopher Aristotle and his followers for teaching. In time, the word Lyceum became associated with schools and other institutions providing public lectures and concerts and public discussions. Thus today, the word Lyceum generally refers to a school or an institution of learning. While the Latin word Lyceum has been incorporated into the English language, the word is also found in Spanish (liceo) and in French (lycee). [Lyceum of the Phil. v. CA, GR 101897. Mar. 5, 1993]. Lye. A strongly alkaline substance used in cleaning and in making soap. [People v. Hanasan, GR L-25989. Sep. 30, 1969]. Lymphoma. A cancer that begins in the lymphocites of the immune system and presents as a solid tumor of lymphoid cells. Like other cancers, lymphoma occurs when lymphocytes are in a state of uncontrolled cell growth and multiplication. It is treatable with chemotherapy, and, in some cases, radiotherapy and/or bone marrow transplantation, and can be curable, depending on the histology, type, and stage of the disease. These malignant cells often originate in lymph nodes, presenting as an enlargement of the node (a tumor). [Magsaysay Maritime Corp. v. NLRC, GR 186180, Mar. 22, 2010].
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-MMabuhay. Tag. 1. Long live. 2. Sparklers bunched into a bundle of a dozen pieces. [Sec. 2, RA 7183]. Macaroni. Kind of paste, composed chiefly of wheat flour, dried in the form of slender tubes. [Farm Implement Machinery Co. v. Comm. of Customs, GR L-12613. May 30, 1962]. Maceda Law. RA 6552 entitled "An Act to Provide Protection to Buyers of Real Estate on Installment Payments" which took effect on Sep. 14, 1972. [Jison v. CA, 164 SCRA 339 (1988)]. Machination. Intrigue; a crafty and involved plot to achieve usu. sinister ends. Machinations in public auctions. The solicitation of any gift or promise as a consideration for refraining from taking part in any public auction, or the attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned. [Art. 185, RPC]. Machinery. Machines, mechanical contrivances, instruments, appliances and apparatus attached to the real estate. It includes the physical facilities available for production, as well as the installations and appurtenant service facilities, together with all other equipment designed for or essential to its manufacturing, industrial or agricultural purposes. [Sec. 3, PD 464]. Madhhab (plural, Madhahib). Any of the 4 orthodox (Sunni) schools of Muslim law. [Art. 7, PD 1083].
Magistrate. Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge. Magna Carta. Charter to which subscribed King John of England on June 12, 1215 in which a basic set of limits were set on the King's powers. King John had ruled tyrannically. His barons rebelled and committed themselves to war with King John unless he agreed to the Charter. Held to be the precursor of habeas corpus as Art. 39 of the Magna Carta held that no man shall be "imprisoned, exiled or destroyed . except by lawful judgment of his peers or by the law of the land". Magna Carta for Countryside and Barangay Business Enterprises (Kalakalan 20). RA 6810 entitled An act establishing the magna carta for countryside and barangay business enterprises, granting exemptions from any and all govt. rules and regulations and other incentives and benefits therefor, and for other purposes enacted on Dec. 14, 1989. Magna Carta for Disabled Persons. RA 7277 entitled An act providing for the rehabilitation, self-development and selfreliance of disabled persons and their integration into the mainstream of society and for other purposes, enacted on Mar. 24, 1992. Magna Carta for Homeowners and Homeowners Associations. RA 9904 entitled An Act Providing for a Magna Carta for Homeowners and Homeowners Associations, and for Other Purposes enacted on Jan. 7, 2010. Magna Carta for Micro, Small and Medium Enterprises (MSMEs). RA 9501 entitled An Act to Promote Entrepre-
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neurship by Strengthening Development and Assistance Programs to Micro, Small and Medium Scale Enterprises, Amending for the Purpose RA 6977, as Amended, Otherwise Known as the "Magna Carta for Small Enterprises" and for Other Purposes enacted on May 23, 2008. Magna Carta for Public School Teachers. RA 4670 enacted on June 18, 1966. Magna Carta for Public Social Workers. RA 9432 entitled An Act Providing for a Magna Carta of Social Workers enacted on Apr. 11. 2007. Magna Carta for Scientists, Engineers, Researchers and other S & T Personnel in the Government. RA 8439 entitled An Act providing a Magna Carta for scientists, engineers, researchers and other science and technology personnel in govt. enacted on Dec. 22, 1997. Magna Carta for Small Enterprise. RA 6977 entitled An Act to promote, develop and assist small and medium scale enterprises through the creation of a Small and Medium Enterprise Development (SMED) Council, and the rationalization of govt. assistance programs and agencies concerned with the development of small and medium enterprises, and for other purposes enacted on Jan. 24, 1991. Magna Carta of Public Health Workers. RA 7305 enacted on Mar. 26, 1992. Magna Carta of Small Farmers. RA 7607 entitled An Act providing a Magna Carta of small farmers enacted on June 4, 1992. Magna Carta of Women. RA 9710 entitled An Act Providing for the Magna Carta of Women enacted intp law on Aug. 14, 2009. Magnetic media. A storage medium or device characterized by a base, usu. plastic, coated with ferric oxide powder, in which visual and/or aural information, or software code, may be recorded or stored, incl., but not limited to, magnetic tape, cassettes, video tape, diskettes, and floppy discs. [Sec. 3, RA 9239]. Maiden name. The surname that a married woman used from birth, prior to changing it at marriage. Mail. Letters and packages conveyed by the postal system. Mail fraud orders. Orders designed to prevent the use of the mails as a medium for disseminating printed matters which on grounds of public policy are declared non-mailable. As applied to lotteries, gift enterprises and similar schemes, justification lies in the recognized necessity to suppress their tendency to inflame the gambling spirit and to corrupt public morals. [Caltex (Phils.) Inc. v. Palomar, GR L-19650. Sept. 29, 1966]. Mail or Mail matters. All matters authorized by the Govt. to be delivered through the postal service and shall include letters, parcels, printed materials, and money orders. [Sec. 2, RA 7354]. Main canal. The channel where diverted water from a source flows to the intended area to be irrigated. [Sec. 4, RA 8435]. Mainstream. The ideas, attitudes, or activities that are regarded as normal or con-
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ventional; the dominant trend in opinion, fashion, or the arts. Mainstreaming. The integration of policies and measures that address climate change into development planning and sectoral decision-making. [Sec. 3, RA 9729]. Maintainer or Manager or Operator. Any person who maintains, manages or operates any illegal number game in a specific area from whom the coordinator, controller or supervisor, and collector or agent take orders. [Sec. 2, RA 9287]. Maintenance. The obligation of one person to contribute, in part or in whole, to the cost of living of another person. Also known as Support (Spousal or Child) or Alimony. Maintenance of membership. Labor. An agreement under which non-members are not required to join the union, but those who do join must maintain their membership for the duration of the union contract under penalty of discharge. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157]. Major language. A language spoken and used by at least 1/50 or 2% of all Filipinos, based on the most recent available data of the National Statistics Office. [Sec. 3, RA 7104]. Major or Extraordinary repair. Alteration, addition, partition, extension, and other construction or installation which materially increases the value or extend the useful life of the structure or equipment. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Major part or components of a firearm. The barrel, slide, frame, receiver, cylinder or the bolt assembly. The term also includes any part or kit designed and intended for use in converting a semiautomatic burst to a full automatic firearm. [Sec. 3, RA 10591]. Major supermarkets. Those with the highest annual gross sales in Metro Manila or the region, as the case may be, as determined by the National Statistics Office, and shall exclude retail outlets or kiosks, convenience or sari-sari stores, and others of a similar nature: Provided, That no 2 supermarkets in the list to be surveyed are affiliated and/or branches of each other: Provided, finally, That in case a particular distilled spirit is not sold in major supermarkets, the price survey can be conducted in retail outlets where said distilled spirit is sold in Metro Manila or the region, as the case may be, upon the determination of the Commissioner of Internal Revenue. [Sec. 141, NIRC, as amended]. Majority. The number greater than half or more than half of any total. [Perez v. Dela Cruz, GR L-29458. Mar. 28, 1969, Unabr.]. Majority of one. Pol. Law. The lone dissenting vote of one Sandiganbayan justice which will prevent a decision of the 2 other members of the division as a unanimous vote is required for such decision. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 59]. Majority opinion. An opinion usu. written by one judge on behalf of a majority of his colleagues on a court and on which they agree. Such an opinion has more precedential value than other kinds of
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opinions. Compare with Minority opinion. Majority rule. The principle that the greater number should exercise greater power. See Rule of majority. Majority-owned subsidiary of a person. A company 50% or more of the outstanding voting securities of which are owned by such person, or by a company which, within the meaning of this par., is a majority-owned subsidiary of such person. [Sec. 3, RA 2629]. See Whollyowned subsidiary of a person. Maker. Nego. Inst. One who makes, promise and signs the instrument. See Payee. Making and importing and uttering false coins. Crim. Law. The felony committed by any person who makes, imports, or utters, false coins, in connivance with counterfeiters, or importers. [Art. 163, RPC]. Mala in se. Lat. Wrong in themselves. See Acts mala in se. Mala prohibita. Lat. Wrong because they are prohibited by law. See Acts mala prohibita. Malandi. Tag. 1. Sex maniac. [People v. Sanchez, GR 124393. Jan. 31, 2002]. 2. Flirtatious. Maldita. Tag. Fem. of Maldito. Cruel; rascal; thug. Maldito. Tag. A tough guy. [People v. Toring, GR 56358. Oct. 26, 1990]. Male. The sex that has organs to produce spermatozoa for fertilizing ova. Silverio v. Rep., GR 174689; Oct. 22, 2007]. Male responsibility. The involvement, commitment, accountability and responsibility of males in all areas of sexual health and reproductive health, as well as the care of reproductive health concerns specific to men. [Sec. 4, RA 10354]. Maledicta est expositio quae corrumpit textum. Lat. It is a bad construction which corrupts the text. Malevolent. Wishing evil; disposed to injure; arising from or indicative of ill-will. Malfeasance. 1. Doing something which is illegal. 2. The commission of an unlawful act. Compare with Misfeasance and Nonfeasance. Malice. 1. [It] connotes ill will or spite, and speaks not in response to duty. It implies an intention to do ulterior and unjustifiable harm. [It] is bad faith or bad motive. [Borjal v. CA, GR 126466, Jan. 14, 1999] 2. The intentional doing of a wrongful act without just cause or excuse, with an intent to inflict an injury or under circumstances that the law will imply an evil intent. A condition of the mind which prompts a person to do a wrongful act willfully, that is, on purpose to the injury of another, or to do intentionally a wrongful act toward another without justification or excuse. Malice in fact. Also Express malice. Malice shown by proof of ill-will, hatred, or purpose to injure. Thus, a republication of defamatory matter subsequent to the commencement of an action based thereon is admissible to establish malice in fact. [US v. Montalvo, 29 Phil. 595]. Malice in law. The presumption that every defamatory imputation is malicious,
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even if it be true, if no good intention and justifiable motive for making it is shown. [Art. 354, RPC]. Malicia. Sp. The term indicates what the ordinary use of the word connotes, that the action complained of must be the result of a deliberate evil intent and does not cover a mere voluntary act. [People v. Malabanan, GR 43430. Jan. 7, 1936]. Malicious. Characterized by malice; intending or intended to do harm. Malicious mischief. Crim. Law. The felony committed by any person who shall deliberately cause the property of another any damage. [Art. 327, RPC]. Malicious mischief. Crim. Law. Elements: (a) The offender deliberately caused damage to the property of another; (b) the damage caused did not constitute arson or crimes involving destructions; and (c) the damage was caused maliciously by the offender. [Caballes v. DAR, GR 78214, Dec. 5, 1988]. Malicious mischief, Special cases of. Crim. Law. The felony committed by any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who cause damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public. [Art. 328, RPC]. Malicious prosecution. An action for damages brought by one against whom a criminal prosecution, civil suit, or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution, suit, or other proceeding in favor of the defendant therein. The gist of the action is the putting of legal process in force, regularly, for the mere purpose of vexation or injury. [Cabasaan v. Anota, GR 14169-R, Nov. 19, 1956]. Malicious prosecution. Elements: (a) Malice; and (b) absence of probable cause. [China Banking Corp. v. CA, GR 94182. Mar. 28, 1994]. Malicious prosecution doctrine. The doctrine that pertains to persecution through the misuse or abuse of judicial processes; or the institution and pursuit of legal proceedings for the purpose of harassing, annoying, vexing or injuring an innocent person. [Villanueva v. UCPB, GR 138291, Mar. 7, 2000]. Malign. To speak about someone in a spitefully critical manner. Malignant. 1. Very virulent or infectious. 2. Tending to invade normal tissue or to recur after removal; cancerous. Malignant tumor. A tumor that is malignant and tends to spread to other parts of the body. Malingerer. A person who pretends or protracts illness or injury to escape work or duty. [Olarte, Legal Med., 1st Ed. (2004), p. 158]. Malpractice. Improper, illegal, or negligent professional activity or treatment, esp. by a medical practitioner, lawyer, or public official. Malpractice defense. The area of law that focuses on representing those professionals who have been accused of neg-
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ligence, misconduct, lack of ordinary skill, or a breach of duty in the performance of a professional service (medicine, law, etc.) resulting in injury or loss. Maltreatment. Crim. Law. The felony committed when the offender shall illtreat another by deed without causing any injury. [Art. 266, RPC]. Maltreatment of prisoners. Crim. Law. The felony committed by any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner. [Art. 235, RPC]. Malum in se. Lat. 1. Wrong in itself. 2. An act considered by society as inherently wrong. [Lozano v. Martinez, GR L63419. Dec. 18, 1986]. Malum prohibitum. Lat. 1. Wrong because it is prohibited by law. 2. An act proscribed by the legislature for being deemed pernicious and inimical to public welfare. [People v. Reyes, GR 101127-31. Nov. 18, 1993]. Malus animus. Lat. A criminal intent. [People v. Quijada, GR 115008-09. July 24, 1996]. Malversation. Fraudulent behavior, extortion, or corruption by a person who holds public office or a position of trust. Malversation. Crim. Law. Elements: (a) The offender is a public officer; (b) he has the custody or control of funds or property by reason of the duties of his office; (c) the funds or property involved are public funds or property for which he is accountable; and (d) he has appropriated, taken or misappropriated, or has consented to, or through abandonment or negligence permitted, the taking by another person of, such funds or property. [Nizurtado v. Sandiganbayan, GR 107383. Dec. 7, 1994]. Malversation of public funds or property. Crim. Law. The felony committed by any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty the misappropriation or malversation of such funds or property. [Art. 217, RPC]. Malversation of public funds or property. Crim. Law. Elements: (a) That the offender be a public officer; (b) that he had the custody or control of funds or property by reason of the duties of his office; (c) that those funds or property were public funds or property for which he was accountable; (d) that he appropriated, took, misappropriated or consented or, through abandonment or negligence permitted another person to take them. [Agbanlog v. People, GR 105907. May 24, 1993]. Managed funds. Any arrangement whereby funds are solicited from the investing public and pooled for the purpose of Investing in securities duly registered with and/or approved by the appropriate regulatory agency of the govt. for investment by the Real Estate Investment Trust (REIT). [Sec. 3, RA 9856].
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Management. The process of planning, organizing, leading, and controlling the efforts of organization members and of using all other organizational resources to achieve stated organizational goals. Management prerogative doctrine. The doctrine under which every employer has the inherent right to regulate, acc. to his own discretion and judgment, all aspects of employment, incl. hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, layoff of workers, and discipline, dismissal, and recall of employees. [Rural Bank of Cantilan, Inc. vs Julve, 517 SCRA 17]. Management prerogatives. Except as limited by special laws, the freedom of an employer to regulate, acc. to his own discretion and judgment, all aspects of employment, incl. hiring, work assignments, working methods, time, place and manner of work, tools to be used, processes to be followed, supervision of workers, working regulations, transfer of employees, work supervision, lay-off of workers and the discipline, dismissal and recall of work. [San Miguel Brewery Sales Force Union (PTGWO) v. Ople, GR 53515. Feb. 8, 1989]. Manager. A person responsible for controlling or administering all or part of a company or similar organization. See Maintainer. Managers check. A check drawn by a manager of the 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]. Managerial employee. 1. An employee whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. [Art. 82, LC]. 2. An employee who is vested with power or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. [Art. 212, LC]. Managerial employee. Conditions for one to be considered as such: (1) [His] primary duty consists of the management of the establishment in which [he is] employed or of a department or subdivision thereof; (2) [He] customarily and regularly direct[s] the work of 2 or more employees therein; (3) [he has] the authority to hire or fire other employees of lower rank; or [his] suggestions and recommendations as to the hiring and firing and as to the promotion or any other change of status of other employees are given particular weight. [Molina v. Pacific Plans, Inc., GR 165476, Mar. 10, 2006]. Managerial function. The exercise of powers such as: (a) to effectively recommend such managerial actions; (b) to formulate or execute management policies and decisions; or (c) to hire, transfer, suspend, lay off, recall, dismiss, assign or discipline employees. [Arizala v. CA, GR 43633-34. Sep. 14, 1990]. Managerial staff. Under Rule I, Sec. 2(c), Book II of the Implementing Rules of the Labor Code, to be a member of a managerial staff, the following elements must concur or co-exist, to wit: (a) that his primary duty consists of the performance of work directly related to management policies; (b) that he customarily
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and regularly exercises discretion and independent judgment in the performance of his functions; (c) that he regularly and directly assists in the management of the establishment; and (d) that he does not devote 20% of his time to work other than those described above. [Villuga v. NLRC, GR 75038. Aug. 23, 1993]. Managing partner. A partner who is designated to manage the business of the partnership. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. Mananaya. Tag. Bettor; gamester. See Bettor. Mandala. Tag. A big stack of palay. Mandamus. Rem. Law. 1. A special civil action to compel an officer to perform a ministerial duty but not to compel the performance of a discretionary duty. [Calderon v. Sol. Gen., GR 103752-53. Nov. 25, 1992]. 2. It shall issue when any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act that the law specifically enjoins as a duty resulting from an office, trust, or station. [Sec. 3, Rule 65, 1997 Rules of Civ. Pro.]. Compare with Mandatory injunction. Mandamus. Rem. Law. Requisites: (a) The plaintiff has a clear legal right to the act demanded; (b) it must be the duty of the defendant to perform the act, because it is mandated by law; (c) the defendant unlawfully neglects the performance of the duty enjoined by law; (d) the act to be performed is ministerial, not discretionary; and (e) there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law. [De Castro v. JBC, GR 191002, GR 191032, GR 191057, AM 10-2-5-SC, GR 191149, GR 191342. Mar. 17, 2010]. Mandamus, Petition for. Rem. Law. When any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent, immediately or at some other time to be specified by the court, to do the act required to be done to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent. [Sec. 3, Rule 65, RoC]. Mandamus, Writ of. Rem. Law. A writ which may issue to compel the exercise of discretion but not to control it. Mandamus can require action only but not specific action where the act sought to be performed involves the exercise of discretion [Assoc. of Small Landowners in the Phil. v. Sec. of Agrarian Reform, 175 SCRA 343]. Mandamus; Requisites for issuance of Writ. Rem. Law. It is essential for a writ of mandamus to issue that the applicant has a well-defined, clear and certain legal right to the thing demanded and that it is the imperative duty of defendant to perform the act required. The corresponding duty of the respondent to perform the required act must be clear and
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specific. [Valmonte v. Belmonte, GR 74930. Feb. 13, 1989]. Mandatory activity. Labor. A judicial process of settling dispute laid down by the law. [Galvadores v. Trajano, GR L70067, Sep. 15, 1986]. Mandatory Infants and Children Health Immunization Act of 2011. RA 10152 entitled An Act providing for mandatory basic immunization services for infants and children, repealing for the purpose PD 996, as amended enacted on June 21, 2011. Mandatory injunction. Rem. Law. One that requires the performance of a particular act. It commands acts to be done or undone and may require performance of affirmative acts. Compare with Mandamus and Prohibitory injunction. Mandatory statutes. Laws which contain words of command or of prohibition and non-compliance with the same renders the proceedings to which it relates illegal and void. [Suarez, Stat. Con., (1993), p. 92]. Compare with Directory statutes. Mangangatha. Tag. Inventor. Mangkukulam. Tag. A witch, or one who practices witchcraft. [People v. Sario, GR L-20754 & L-20759. June 30, 1966]. Manglares. Sp. Mangroves. See Mangrove swamps. Mangrove. 1. A community of intertidal plants incl. all species of trees, shrubs, vines and herbs found on coasts, swamps, or border of swamps. [Sec. 4, RA 8550]. 2. The type of forest occurring on tidal flat along the sea coast, extending along streams where the water is brackish. [Sec. 3, PD 705]. Mangrove forest. The type of forest occurring on tidal flats along the sea cost extending along the streams where the water is brackish and composed mainly of bakauan, potolan, langarai, api-api, nipa palm and the like. Mangrove swamps. Also Manglares. Mud flats, alternately washed and exposed by the tide, in which grows various kindred plants which will not live except when watered by the sea, extending their roots deep into the mud and casting their seeds, which also germinate there. [Montano v. Insular Govt., 12 Phil. 572]. Mania. Legal Med. A disorder characterized by excessive physical activity and feelings of extreme elation that are grossly out of proportion to any positive event. [Olarte, Legal Med., 1st Ed. (2004), p. 138]. Compare with Depression. Maniac. A person who has an excessive enthusiasm or desire for something. Manifest. Document used in shipping and warehousing containing a list of the contents, value, origin, carrier and destination of the goods to be shipped or warehoused. Manifest partiality. [It] exists when the accused has a clear, notorious, or plain inclination or predilection to favor one side or one person rather than another. It is synonymous with bias, which excites a disposition to see and report matters as they are wished for rather than as they are. [Albert v. Sandiganbayan, GR 164015, 26 Feb. 2009].
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Manifesta probationee non indigent. Lat. That which is known need not be proved. Manifestation. A memorandum manifesting and informing the court about certain matters concerning the case. It is not entitled to any affirmative action by the court, unlike a motion which is. Manifestation theory. Under this theory, the contract is perfected at the moment when the acceptance is declared or made by the offeree. [Suggested Answer for the 1997 Bar, UPLC, (2002), p. 55]. Compare with Cognition theory. Manlilikha. Tag. Artist; creator. Manlilikha ng Bayan. A citizen or a group of citizens engaged in any traditional art uniquely Filipino, whose distinctive skills have reached such a high level of technical and artistic excellence and have been passed on to and widely practiced by the present generations in his/her community with the same degree of technical and artistic competence. [Sec. 3, RA 7355]. Manlilikha ng Bayan Act. RA 7355 entitled An Act providing for the recognition of national living treasures, otherwise known as the Manlilikha ng Bayan, and the promotion and development of traditional folk arts, providing funds therefor, and for other purposes enacted on Apr. 3, 1992. Manning. Operating or in control of someone or something. Manning agency. Any person or entity duly licensed by the Sec. of Labor to recruit seamen for vessels plying international waters and for related maritime activities. [Sec. 1, Rule 1, IRR of LC]. Manong. Ilok. A sign of respect due an elder brother. [People v. Somera, GR L47275. Feb. 21, 1989]. Manoy. Tag. A term of respect for an older man. [People v. Malbago, GR 37679. May 14, 1990]. Manpower. 1. That portion of the nation's population which has actual or potential capability to contribute directly to the production of goods and services. [Art. 44, LC]. Manpower and Out-of-School Youth Development Act. RA 5462. [Expressly repealed by the Labor Code]. Manslaughter. The unlawful killing of another without malice, either express or implied. Such may be either voluntary, upon a sudden heat, or involuntarily, but in the commission of some unlawful act. Manual count of ballots. Where voting using the AES ballots proceeded manually because the PCOS machines could not be used, votes shall be counted manually under the guidelines provided by the Comelec, and the courts shall be guided accordingly. [Sec. 3, Rule 1, AM 10-4-1-SC, May 4, 2010]. Manual rape. For lack of a more descriptive term, the term used to refer to rape caused not by the penis but by the fingers. [People v. Salomon, GR 96848. Jan. 21, 1994]. Manufacture. 1. Cheaper Meds. Law. Any process or part of a process for making, altering, finishing, packing, labeling, breaking or otherwise treating or adapting any drug with a view to its sale and distribution, but does not include the compounding or dispensing of any drug in the ordinary course of retail business.
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[Sec. 4, RA 9502]. 2. Consumer Law. Any and all operations involved in the production, incl. preparation, propagation, processing, formulating, filling, packing, repacking, altering, ornamenting, finishing, or otherwise changing the container, wrapper, or labeling of a consumer product in the furtherance of the distribution of the same from the original place of manufacture to the person who makes the final delivery or sale to the ultimate consumer. [Sec. 4, RA 8423]. 3. Dangerous drugs law. The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice incl. research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose. [Sec 3, RA 9165]. 4. Optical Media Law. The act or business of producing optical media or devices containing sounds and/or images, or software code, incl. any work protected in Part IV of the IP Code (RA 8293), by mastering and/or replication. In relation to equipment, manufacture shall refer to the assembly or integration of various components into any equipment useful for the mastering, manufacture and/or replication of optical media. [Sec. 3, RA 9239]. Manufacture of dangerous drug. The production, preparation, compounding or processing of a dangerous drug either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substance or labeling or relabeling of its container; except that such term does not include the preparation, compounding, packaging, or labeling of a drug or other substance by a duly authorized practitioner as an incident to his administration or dispensing of such drug or substance in the course of his professional practice. [Sec. 2, RA 6425]. Manufacturer. 1. Any establishment engaged in the operations involved in the production of a drug with the end view of storage, distribution, or sale of the product. [Sec. 4, RA 9502]. 2. Any person entity, incl. a re-packer, who makes, fabricates, assembles, processes, or labels a finished product. [Sec. 4, RA 9211]. 3. The refinery in case of refined sugar or cooking oil, the miller in case of flour or rice, or the importer in case of imported processed foods or food products, or the processor in case of other processed foods or foods products. [Sec. 3, RA 8976]. 4. Every person who, by physical or chemical process, alters the exterior texture or form or inner substance of any raw material or manufactured or partially manufactured product in such manner as to have been put in its original condition, or who by any such process alters the quality of any such raw material or manufactured or partially
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manufactured products so as to reduce it to marketable shape or prepare it for any of the use of industry, or who by any such process combines any such raw material or manufactured or partially manufactured products with other materials or products of the same or of different kinds and in such manner that the finished products of such process or manufacture can be put to a special use or uses to which such raw material or manufactured or partially manufactured products in their original condition could not have been put, and who in addition alters such raw material or manufactured or partially manufactured products, or combines the same to produce such finished products for the purpose of their sale or distribution to others and not for his own use or consumption. [Sec. 131, RA 7160]. 5. In relation to a health product, (it) means an establishment engaged in any and all operations involved in the production of health products incl. preparation, processing, compounding, formnlating, filling, packing, repacking, altering, ornamenting, finishing and labeling with the end in view of its storage, sale or distribution: Provided, That the term shall not apply to the compounding and filling of prescriptions in drugstores and hospital pharmacies. A trader shall be categorized as a manufacturer. [Sec. 9, RA 9711]. 6. Not. Rules. One who produces a notarial seal and shall include an engraver and seal maker. [Sec. 20, Rule II, AM 02-813-SC]. Manufacturing and possession of instruments or implements for falsification. Crim. Law. The felony committed by any person who shall make or introduce into the Phils. any stamps, dies, marks, or other instruments or implements intended to be used in the commission of the offenses of counterfeiting or falsification. mentioned in the Rev. Penal Code, or who, with the intention of using them, shall have in his possession any of the instruments or implements mentioned. [Art. 176, RPC]. Manufacturing equipment. Any and all equipment, machine or device, now known or to be known in the future, intended or design for the production or manufacture, by mastering and/or replication of optical media, optical media masters, or production parts thereof. For the purpose of RA 9239, optical disc writers and such other devices used in personal computers not for commercial purposes shall not be considered as manufacturing equipment. [Sec. 3, RA 9239]. Manufacturing material. Any material such as, but not limited to, optical grade polycarbonate or polycarbonate substitutes with physical properties suitable for the manufacture of optical media. [Sec. 3, RA 9239]. Map. A diagrammatic representation of an area of land or sea showing physical features, cities, roads, etc. Map conversion. The process of transforming spatial information indicated on maps to digital format in order to organize these information into GIScompatible datasets. [Sec. 4, DENR AO 2008-24]. Mapping. The act or process of making a map. Mapping projects. Public land subdivision mapping (Plsm) and photo-cadastral mapping (Pcadm) projects of which the
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greater bulk of the activities is sketching which leads to the preparation of mere graphical sketches or maps. [Dir. of Lands v. Sec. of ENR, GR 79684. Feb. 19, 1991]. Compare with Cadastral survey. Margin. A landward and outer limiting edge adjacent to the border of any water bodies or a limit beyond where beyond where saturation zone ceases to exist. [Sec 4, RA 9275]. Margin levy (on foreign exchange). A form of exchange control or restriction designed to discourage imports and encourage exports and ultimately curtail any excessive demand upon the international reserve in order to stabilize the currency. Margin of error. A statistic expressing the amount of random sampling error in a survey's results. Margin of solvency. An excess of the value of the admitted assets required to be maintained by an insurance company doing business in the Phils. exclusive of its paid-up capital, in the case of a domestic company, or an excess of the value of its admitted assets in the Phils., exclusive of its security deposits, in the case of a foreign company, over the amount of its liabilities, unearned premium and reinsurance reserves in the Phils. of at least 2 per mille of the total amount of its insurance in force as of the preceding calendar year on all policies, except term insurance, in the case of a life insurance company, or of at least 10% of the total amount of its net premium written during the preceding calendar year, in the case of a company other than a life insurance company. [Sec. 194, IC]. Marginal. Of, relating to, or situated at the edge or margin of something. Marginal deposit. A collateral security given by the debtor (for a letter of credit), and is supposed to be returned to him upon his compliance with his secured obligation. [Abad v. CA, GR 42735. Jan. 22, 1990]. Marginal farmer or fisherman. An individual engaged in subsistence farming or fishing which shall be limited to the sale, barter or exchange of agricultural or marine products produced by himself and his immediate family. [Sec. 131 (p), LGC]. Marginal fisherman. An individual engaged in fishing whose margin of return or reward in his harvest of fish as measured by existing price levels is barely sufficient to yield a profit or cover the cost of gathering the fish. [Tano v. Socrates, GR 110249. Aug. 21, 1997, p. 1381 (1993)]. Compare with Subsistence fisherman. Marginalization. A condition where a whole category of people is excluded from useful and meaningful participation in political, economic, social, and cultural life. [Sec. 4, RA 9710]. Marginalized. The basic, disadvantaged, or vulnerable persons or groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing, social security, physical infrastructure; and the justice system. [Sec. 4, RA 9710].
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Marginalized disabled persons. Disabled persons who lack access to rehabilitative services and opportunities to be able to participate fully in socioeconomic activities and who have no means of livelihood and whose incomes fall below the poverty threshold. [Sec. 4, RA 7277]. Marijuana or Indian hemp. A tall, coarse Asian plant, Cannabis sativa, of the family Cannabaceae, widely cultivated for its fiber and for its yield of intoxicating drugs. See Cannabis. MARINA. See Maritime Industry Authority. [Sec. 3, RA 9295]. Marine. Of, found in, or produced by the sea. Marine insurance. Insurance against risks connected with navigation to which a ship, cargo, freightage, profits or other insurable interest in movable property may be exposed during a certain voyage a fixed period of time. Marine parks. Any off-shore area inhabited by rare and unique species of marine flora and fauna. [Sec. 3, PD 705]. Marine protection and indemnity insurance. Insurance against, or against legal liability of the insured for loss, damage, or expense incident to ownership, operation, chartering, maintenance, use, repair, or construction of any vessel, craft or instrumentality in use of ocean or inland waterways, incl. liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person. [Sec. 99, IC]. Marine protest. A written statement under oath, made by the master of a vessel after the occurrence of an accident or disaster in which the vessel or cargo is lost or injured, with respect to the circumstances attending such occurrence. It is usu. intended to show that the loss or damage resulted from a peril of the sea, or from some other cause for which neither the master nor the owner was responsible, and concludes with the protestation against any liability of the owner for such loss or damage. Marine risk note. An acknowledgment or declaration of the insurer confirming the specific shipment covered by its Marine Open Policy, the evaluation of the cargo and the chargeable premium. [Aboitiz Shipping Corp. v. Phil. Amer. Gen. Ins. Co., GR 77530. Oct. 5, 1989]. Marital. Of or relating to marriage or the relations bet. husband and wife. Marital disqualification rule. The disqualification of the husband or the wife to testify, during their marriage, for or against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants. [Sec. 22, Rule 130, RoC]. Also called Spousal disqualification rule. Maritime. Connected with the sea, esp. in relation to seafaring commercial or military activity. Maritime commerce. The business of navigation upon the sea, or to business transacted on the sea or in seaports. [Torres, Oblig. & Cont., 2000 Ed., p. 344].
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Maritime domain. Also Fluvial domain. The bodies of water within the land mass and the waters adjacent to the coasts of a state to a specified limit, incl. land-locked lakes, rivers, man-made canals, the waters in certain gulfs, bays and straits, and the territorial sea. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 61]. Maritime flag. A flag designated for use on ships, boats, and other watercraft. Naval flags are considered important at sea and the rules and regulations for the flying of flags are strictly enforced. The flag flown is related to the country of registration: so much so that the word "flag" is often used symbolically as a synonym for "country of registration". Maritime industry. All enterprises engaged in the business of designing, constructing, manufacturing, acquiring, operating, supplying, repairing and/or maintaining vessels, or component parts thereof; of managing and/or operating shipping lines, stevedoring arrastre and customs brokerage services, shipyards, drydocks, marine railways, marine repair shops, shipping and freight forwarding agencies and similar enterprises. [Sec. 3, PD 474]. Maritime Industry Authority (MARINA). A government agency created on 01 June 1974 with the issuance of PD 474 and started functioning as an agency attached to the Office of the Pres. (OP) on 29 Aug. 1979 with the issuance of PD 761 mandating the agency to integrate the development, promotion and regulation of the countrys maritime industry. Maritime law. A very specific body of law peculiar to transportation by water, seamen and harbors. See also Admiralty law. Maritime lien. A charge or claim against a vessel or its cargo. Mark. Any visible sign capable of distinguishing the goods [trademark] or services [service mark] of an enterprise and shall include a stamped or marked container of goods. [Sec. 38, RA 166]. Market. An actual or nominal place where forces of demand and supply operate, and where buyers and sellers interact [directly or through intermediaries] to trade goods, services, or contracts or instruments, for money or barter. Market access opportunity. The percentage of the total annual volume of imports of an agricultural product to the corresponding total volume of domestic consumption of the said product in the country in the 3 immediately preceding years for which data are available. [Sec. 4, RA 8800]. Market infrastructure. 1. Facilities incl., but not limited to, market buildings, slaughterhouses, holding pens, warehouses, market information centers, connecting roads, transport and communication and cold storage used by the farmers and fisherfolk in marketing their produce. [Sec. 4, RA 8435]. 2. Facilities such as market buildings, slaughterhouses, holding pens and cold storage used by the farmers in marketing their produce. [Sec. 4, RA 7607]. Market price. The price which would be realized for petroleum produced under a contract if sold in a transaction bet. independent persons dealing at arm's length in a free market. [Sec. 3, PD 87]. Market value. 1. The highest price estimated in terms of money which the
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property will buy if exposed for sale in the open market allowing a reasonable time to find a purchaser who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used. The price which a willing seller would sell and willing buyer would buy, neither being under abnormal pressure. [Sec. 3, PD 464]. 2. That reasonable sum which the property would bring on a fair sale by a man willing but not obliged to sell to a man willing but not obliged to buy. [Compagnie Franco-Indo Chinoise v. Deutch-Australische, 39 Phil., 474]. 3. A basis for the amount in which the property is to be disposed of. It is the amount which can be bought or sold for at the real estate market, bet. a willing buyer and willing seller, both having reasonable knowledge of all relevant facts and with equity to both. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Market-driven. Determined by or responsive to market forces. Market-driven strategy. The corporate strategy of an organization using market knowledge. See User-led strategy. Marketing. The action or business of promoting and selling products or services. Marketing cooperative. One which engages in the supply of production inputs to members and markets their products. [Art. 23, RA 6938]. Marking. 1. Evid. The marking of all exhibits to facilitate their identification. It may be made at the pre-trial or during the trial. The plaintiff and the prosecution use capital letters (A, B, C", etc.) and the accused use Arabic numbers (1, 2, 3, etc.). 2. Crim. Law. The placing by the apprehending officer or the poseurbuyer of his/her initials and signature on the items/s seized. [People v. Sanchez, GR 175832, 15 Oct. 2008]. Marking upon immediate confiscation. [This] does not exclude the possibility that marking [of seized items] can be at the police station or office of the apprehending team. [People v. Resurreccion, GR 186380, Oct. 12, 2009]; what is important is to ensure the preservation of the integrity and the evidentiary value of the seized items, as these would determine the guilt or innocence of the accused. [People v. Domado, GR 172971, June 16, 2010]. Marriage. 1. A special contract of permanent union bet. a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Family Code. [Art. 1, FC]. 2. It is not only a civil contract, but it is a new relation, an institution in the maintenance of which the public is deeply interested. [Adong v. Cheong See Gee, GR L-18081. Mar. 3, 1922]. 3. The state-recognized, voluntary and exclusive contract for the lifelong union of 2 persons. Marriage. Essential requisites for validity: (a) Legal capacity of the contracting parties who must be a male and a female; and (b) Consent freely given in the presence of the solemnizing officer. [Art. 2, FC].
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Marriage. Formal requisites for validity: (a) Authority of the solemnizing officer; (b) a valid marriage license; except in the cases provided for in Chap. 2, Title I of the Family Code; and (c) a marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than 2 witnesses of legal age. [Art. 3, FC]. Marriage contracted against provisions of laws. Crim. Law. The felony committed by any person who, without being included in the provisions of the Art. 349 of the Rev. Penal Code, shall have contracted marriage knowing that the requirements of the law have not been complied with or that the marriage is in disregard of a legal impediment, or by either of the contracting parties who shall obtain the consent of the other by means of violence, intimidation or fraud. [Art. 350, RPC]. Marriage license. An authority given by the state to its citizens to enable them to get married. A positive testimony that the parties possess all the qualifications and none of the disqualifications provided by law for marriage. Marriage settlement. 1. A contract entered into by a man and a woman who intend or plan to get married fixing the property regime that will govern their present and future properties during their marriage. 2. An agreement entered into by the future spouses fixing their property relations during the marriage such as the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime allowed by law. The agreement and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice 3rd persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties. [From Arts. 1, 75 & 77, FC]. Also called Prenuptial agreement. Marshall dictum. The power to tax is the power to destroy. Those were the strong words of Chief Justice Marshall in McCulloch v. The State of Maryland, 4 Law Ed. 579. Compare with Holmes dictum. See Power to tax is the power to destroy. Marshalling yard. A designated open storage area within the container terminal where containers are stocked systematically in preparation for loading aboard the container ship. [Sec. 1, PPA AO 08-79]. Marshy land. Land bordering on shores and banks of navigable rivers and lakes; it is generally swampy or soft wet land. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 87]. Martial. Of or appropriate to war; warlike. Martial law. 1. A law of actual military necessity in actual presence of war, and is administered by the general of the army, whose will it is, subject to slight limitations." [In Re: Aquino v. Enrile, GR L-35546. Sep. 17, 1974]. 2. The exercise of the power which resides in the executive branch of the govt. to preserve order and insure the public safety in times of emergency, when other branches of the govt. are unable to function, or their functioning would itself
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threaten the public safety. [Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973]. Martial law doctrine. The doctrine [that] declares that a petition for writ of habeas corpus becomes moot and academic once an information or indictment is filed in court and a warrant of arrest or an order of commitment is issued against the person detained. [From Ilagan v. Enrile, GR 70748, Oct. 21, 1985]. Martial law power of the President. The power of the Pres., as the Commanderin-Chief of all armed forces of the Phils., to call out such armed forces, whenever it becomes necessary, to prevent or suppress lawless violence, invasion or rebellion, and, in case of invasion or rebellion, when the public safety requires it, to suspend, for a period not exceeding 60 days, the privilege of the writ of habeas corpus or place the Phils. or any part thereof under martial law. [Sec. 10 (2), Art. VII, 1987 Consti.]. Mas vale que queden sin castigar diez reos presuntos, que se castigue uno inocente. Sp. It would be better to set free 10 men who might be probably guilty of the crime charged than to convict one innocent man for a crime he did not commit. [People v. Cunanan, GR L17599, Apr. 24, 1967]. Masama. A Tagalog term which connotes bad or evil. Masiao. An illegal numbers game where the winning combination is derived from the results of the last game of Jai Alai or the Special Llave portion or any result thereof based on any fictitious Jai Alai game consisting of 10 players pitted against one another, and its variants. [Sec. 2, RA 9287]. Mask. A covering for the face. [People v. Almenario, GR 66420. Apr. 17, 1989]. Compare with Hood. Masochism. Legal Med. The sexual enjoyment a person receives from being harmed, threatened or abused. The pain and humiliation from the partner is the primary factor for sexual gratification. The sexual deviate needs to sustain pain and suffering in order to attain orgasm. [Olarte, Legal Med., 1st Ed. (2004), p. 116]. Compare with Sadism. Masochist. Someone who obtains pleasure from receiving punishment. Mass media. 1. Any means or methods used to convey advertising messages to the public such as television, radio, magazines, cinema, billboards, posters, streamers, hand bills, leaflets, mails and the like. [Art. 4, RA 7394]. 2. Any medium of communication designed to reach a mass of people. For this purposes, mass media includes print media such as, but not limited to, newspapers, magazines, and publications; broadcast media such as, but not limited to, radio, television, cable television, and cinema; electronic media such as but not limited to the internet. [Sec. 4, RA 9211]. Massage. A method wherein the superficial soft parts of the body are rubbed or stroked or kneaded for remedial or aesthetic or hygienic purposes. [Sec. 59, PD 856]. Massage clinic attendant. A trained person duly permitted by the Sec. [of Health] or his authorized representative to massage customers under the guid-
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ance and supervision of a masseur. [Sec. 59, PD 856]. Massage clinic. An establishment where massage is administered to customers. [Sec. 59, PD 856]. Masseur. A trained person duly licensed by the Sec. [of Health] or his authorized representative to perform massage and to supervise massage clinic attendants. [Sec. 59, PD 856]. Masseuse. 1. A female masseur. 2. A woman who gives massages professionally. Master. A man who has people working for him, esp. servants or slaves. Master agreement or policy. An insurance policy that states the coverage terms for group insurance and is issued by the insurer to a representative of the group or to an administrator of the insurance program, such as an employer. [Pineda v. CA, GR 105562, Sept. 27, 1993]. Master deed. 1. Document that converts a parcel of land into a condominium subdivision. 2. Used by a condominium developer or converter for recording a condominium development. It divides a single property into individually owned units, includes restrictions on their use and provides for ownership of common areas. Mastering. The act or business of producing a stamper made of glass, metal or other material, intended for the manufacture of optical media. [Sec. 3, RA 9239]. Master-servant relationship. The relation bet. one who not only prescribes to the workman the end of his work but directs or at any moment may direct the means also, or retains the power of controlling the work. Masturbate. To stimulate one's own genitals for sexual pleasure. Masturbation. Legal Med. The manual manipulation of the male penis to the point of ejaculation or of the vestibule, labia minora and clitoris which is the female penis, or the introduction of a penis substitute. [Olarte, Legal Med., 1st Ed. (2004), p. 114]. Also Selfgratification. Matching. The judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship. [Sec. 3, RA 8043]. The judicious pairing of a child with foster parent and family members based on the capacity and commitment of the foster parent to meet the individual needs of the particular child and the capacity of the child to benefit from the placement. [Sec. 3, RA 10165]. Material. Being both relevant and consequential; crucial. Material accumulation system. The system of penalty which refers to the absolute accumulation of crimes and penalties and establishes no limitation whatsoever and, accordingly, all the penalties for all the violations were imposed even if they reached beyond the natural span of human life. Compare with Absorption system and Judicial accumulation system. Material alteration. Nego Inst. Law. Any alteration which changes: (a) the date; (b) the sum payable, either for principal
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or interest; (c) the time or place of payment; (d) the number or the relations of the parties; (e) the medium or currency in which payment is to be made; (f) or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration. [Sec. 125, NIL]. Material contract. An agreement or arrangement where the amount involved is at least 5% of the deposited property of the Real Estate Investment Trust (REIT) or which is not entered into in the ordinary course of business of the REIT: Provided, however, That the following shall be deemed a material contract regardless of the amount: i. Related party transactions under Sec. 8.11 of RA 9856; ii. Contract bet. the REIT and fund manager; iii. Agreement bet. the REIT and property manager; iv. Agreements bet. and among shareholders such as voting trust agreements, pooling agreements, joint venture agreements or other shareholder agreements as may be determined by the SEC; v. Any acquisition or disposition of real estate by the REIT; vi. Contracts relating to investments of the REIT under Sec. 8.3 of RA 9856; vii. Any contract creating mortgages, encumbrances, liens or rights on the real estate of the REIT; viii. Contract of any nature that limits the declaration or distribution of dividends by the REIT; ix. Any contract relating to joint venture, spin-off, consolidation or merger involving the REIT; and x. Any contract that may be expected to materially affect the market activity and/or the price of the investor securities issued by the REIT as may be determined by the SEC. [Sec. 3, RA 9856]. Material crimes. Those crimes which have 3 stages of execution, namely, attempted, frustrated and consummated. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 33]. Material data rule. The rule in Sec. 6, Rule 41 of the Rules of Court to the effect that where the trial court finds and declares in its order of approval of a record on appeal that it was filed on time or within the reglementary period and the correctness, accuracy and veracity of such finding are not impugned, questioned or disputed by the adverse party, the non-inclusion of a motion or order is not fatal and does not warrant dismissal of the appeal since the appellate court may properly rely on the trial court's order of approval and determination of timeless of appeal. [Aznar v. CA, GR L38134. Sep. 30, 1978]. Material evidence. 1. Evidence which directly proves a fact in issue. [Evidence: Basic Principles and Selected Problems, J. Benipayo, UST Law Review, Vol. XLVIII, Jan.-Dec. 2004]. 2. Evidence which is relevant to the issues in a case. Material fact. Ins. A fact which would affect the judgment of a prudent underwriter in deciding whether to accept the risk and if so, at what rate of premium and subject to what terms and conditions. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 41]. Material interest. An interest in issue and to be affected by the decree, as distinguished from mere interest in the question involved, or a mere incidental interest. Moreover, the interest of the party plaintiff must be personal and not one
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based on a desire to vindicate the constitutional right of some 3rd and unrelated party. [De Joya v. PCGG, GR 96541. Aug. 24, 1993]. Material matter. The main fact which was the subject of the inquiry, or any circumstance which tends to prove the fact, or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of the inquiry, or which legitimately affects the credits of any witness who testifies. [US v. Estraa, GR 5751. Sep. 6, 1910]. Material possession. Natural possession or possession de facto. [Gatchalian v. Arlegui, GR L-35615. Feb. 17, 1977]. Materially defective product. A product which, because of the pattern of the defect, the number of defective products distributed in commerce and the severity of the risk or otherwise, creates a substantial risk of injury to the public. [Art. 4, RA 7394]. Maternal. Relating to or characteristic of a mother or motherhood; motherly. Maternal death review. A qualitative and in-depth study of the causes of maternal death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies. [Sec. 4, RA 10354]. Maternal health. The health of a woman of reproductive age incl., but not limited to, during pregnancy, childbirth and the postpartum period. [Sec. 4, RA 10354]. Maternity. 1. Motherhood. 2. The period during pregnancy and shortly after childbirth. Maternity home. An institution or place of residence whose primary function is to give shelter and care to pregnant women and their infants before, during and after delivery. [Art. 117, PD 603]. Maternity leave benefits. The leave benefits of at least 2 weeks before and 4 weeks after the delivery, miscarriage or abortion, with full pay based on her regular or average weekly wages, granted by the employer to a pregnant woman employee who has rendered an aggregate service of at least 6 months for the last 12 months immediately preceding the expected date of delivery, or the complete abortion or miscarriage. [Art. 133, LC]. Maton. Tag. Bully; gang leader. See Sigasiga. Matriculation fee. Fee collected by the school in consideration for the acceptance and registration of student. [Sec. 1, PD 577]. Matrimonial. Of or relating to marriage or married people. Matrimony. The legal state of being married. Matters of judicial notice. Material requisites: (a) The matter must be one of common and general knowledge; (b) it must be well and authoritatively settled and not doubtful or uncertain; and (c) it must be known to be within the limits of the jurisdiction of the court. [State Prosecutors v. Muro, AM RTJ-92-876. Sep. 19, 1994]. Maturity. The time when an insurance policy, security, etc., matures.
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Maturity period. The time when the conditions and obligations of contracts are to be completely fulfilled. Maura Law. The Royal Decree of 1894 which partly amended the Spanish Mortgage Law and the Laws of the Indies. It established possessory information as the method of legalizing possession of vacant Crown land, under certain conditions which were set forth in said decree. [De Aldecoa v. The Insular Govt., 13 Phil. 159 (1909)]. Maxim. An established principle or proposition. A principle of law universally admitted as being just and consonant with reason. Maximum. The greatest possible quantity or degree. Maximum penalty. The penalty set out at law as the greatest penalty which a court can impose for a certain offense. Maximum security. A correctional facility designed for or housing prisoners regarded as being very dangerous to society. Maximum sustainable yield (MSY). The largest average quantity of fish that can be harvested from a fish stocks or resource within a period of time [e.g. one year] on a sustainable basis under existing environmental conditions. [Sec. 4, RA 8550]. Maximum term. [It] corresponds to that which, in view of the attending circumstances, could be properly imposed under the rules of the [Rev. Penal] Code. [People v. Temporada. GR 173473, Dec. 17, 2008, Sep. Op., Corona, J]. Compare with Minimum term. Maximum tolerance. The highest degree of restraint that the military, police and other peace keeping authorities shall observe during a public assembly or in the dispersal of the same. [Sec.3, BP 880]. May. 1. An auxiliary verb indicating liberty, opportunity, permission or possibility. [Capati v. Ocampo, GR L-28742. Apr. 30, 1982]. 2. Usu. permissive, not mandatory. [Luna v. Abaya, 86 Phil. 472 (1950)]. May be. The term connotes possibility; it does not connote certainty. [Capati v. Ocampo, GR L-28742. Apr. 30, 1982]. Mayorazgo. Sp. From major natu, the first-born. The right to succeed to the property left upon the condition that it be preserved perpetually intact in the family and that it be transmitted in order of succession to each next first-born. The confiding of the entailed properties to the first-born in order that he may preserve them for the family and deliver them to his successor. [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. MCIOs. See Municipal Court Information Officers. MCIT. See Minimum corporate income tax. MCTC. Municipal Circuit Trial Court. Meal period. Labor. Time-off given by the employers for the regular meals of their employees which shall not be less than 60 minutes. [Art. 85, LC]. Means test. 1. A protocol administered at the barangay level to determine the ability of individuals or households to pay varying levels of contributions to the Na-
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tional Health Insurance Program, ranging from the indigent in the community whose contributions should be totally subsidized by the govt., to those who can afford to subsidize part but not all the required contributions for the Program. [Sec. 1, RA 9241]. 2. The set of criteria used to determine whether the applicant is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. [Sec. 1, Art. 2, AM 08-11-7-SC (IRR), Sept. 10, 2009]. Measured capacity. The estimated additional volume of production which the Board of Investments determines to be desirable in each preferred and pioneer area of investment, in order to supply the needs of the economy at reasonable prices, taking into account the export potential of the area. Measured capacity shall not be less than the amount by which the measurable market demand exceeds the existing productive capacity in said preferred and pioneer areas nor shall measured capacity be so much in excess of measurable market demand as to foster or encourage overcrowding in any such area. [Sec. 3, RA 5186]. Measurement. Quantitative expression of the state of phenomenon or matter such as length, mass, time, electric current, temperature, light intensity, surface area, volume, velocity, acceleration, force, pressure, work, power, beat, angle, and others. [Sec. 2, BP 8]. Meat. The fresh, chilled or frozen edible carcass incl. offal derived from food animals. [Sec. 4, RA 9296]. Meat Broker. Any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of food animals on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person, firm or corporation. [Sec. 4, RA 9296]. Meat Establishment. Premises such as slaughterhouse, poultry dressing plant, meat processing plant, cold storage, warehouse and other meat outlets that is approved and registered by the NMIS in which food animals or meat products are slaughtered, prepared, processed, handled, packed or stored. [Sec. 4, RA 9296]. Meat Inspection Code of the Philippines, The. RA 9296 entitled An Act Strengthening the Meat Inspection System in the Country, Ordaining for this Purpose A Meat Inspection Code of the Philippines and for Other Purposes enacted on May 12, 2004. Meat Inspection System. A system to ensure the safety and quality of meat and meat products for human food incl. but not limited to humane handling of slaughter animals, ante-mortem and post-mortem inspection, Quality Assurance Program, Hygiene and Sanitation Program, Good Manufacturing Practices, Sanitation Standard Operating Procedures, Hazard Analysis Critical Control Point Program, and Residue Control Program, of a country. It covers regulatory activities such as registration, licensing, accreditation, and enforcement of regulations and supported by laboratory examination. [Sec. 4, RA 9296]. Meat Product. Any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any food animals,
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excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat industry, and which are exempted from definition as a meat product by the DA Sec. under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat products. [Sec. 4, RA 9296]. Mechanics lien. The possessory right of a contractor in Art. 1731 of the Civ. Code. The contractors right is to hold the movable in pledge or as security for the payment of what is due him by way of service charge, and to move for the sale of the movable pledged in order to collect the amount claimed from the proceeds. Mechanical engineering, Practice of. A person shall be deemed to be practicing mechanical engineering or rendering mechanical engineering service within the meaning and intent of RA 5336, who shall, for a fee, salary or other reward or compensation paid to himself or to another person, or even without such reward or compensation, render professional mechanical engineering service in the form of consultation, investigation, valuation, planning, design, or preparation of specifications or estimates for, or take charge of management, administration and supervision of the construction, erection, installation or alteration of, or render engineering service in connection with the manufacture, sale, supply or distribution of, or to manage, operate, tend or maintain any mechanical equipment machinery or process, for any mechanical works, project or plant; or who shall, by means of signs, cards, advertisement or in any other way, offer to practice mechanical engineering or to render professional mechanical engineering service, or who shall in connection with his name, or otherwise, use, assume or advertise any title or description tending to convey the impression that he is a professional mechanical engineer, or mechanical engineer, or certified plant mechanic, or that he is engaged in the practice of mechanical engineering as defined in RA 5336. [Sec. 13, RA 5336]. Med-arbiter. An official in the DOLERegional Office authorized to hear, conciliate, mediate and decide representation cases, internal union and interunion disputes. [Sec. 1, Rule 1, Book 5, IRR of LC]. Mediation. 1. A voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute. [Sec. 3, RA 9285]. 2. A form of alternative dispute resolution in which the parties bring their dispute to a neutral 3rd party, who helps them agree on a settlement. Mediation Order. Rem. Law. An Order issued by the trial court, after determining the possibility of an amicable settlement or of a submission to alternative modes of dispute resolution, referring the case to the specially trained family mediators at the Phil. Mediation Center (PMC) Unit for mediation and directing the parties to proceed immediately to the PMC Unit. [Rule 2, AM 10-4-16-SC]. Also called Order of Mediation.
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Mediation party. A person who participates in a mediation and whose consent is necessary to resolve the dispute. [Sec. 3, RA 9285]. Mediation-arbitration. Also Med-arb. A step dispute resolution process involving both mediation and arbitration. [Sec. 3, RA 9285]. Mediator. A person who conducts mediation. [Sec. 3, RA 9285]. Medical Act of 1959, The. RA 2382 enacted on June 20, 1959 which provides for and governs (a) the standardization and regulation of medical education; (b) the examination for registration of physicians; and (c) the supervision, control and regulation of the practice of medicine in the Phils. Medical care expenses. Amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of diseases, or for the purpose of affecting any structure or function of the body, but excluding amounts paid for medicines. [Sec. 30, PD 69]. Medical clinic. A place in which patients can avail of medical consultation or treatment on an outpatient basis. [Sec. 2, RA 8344]. Medical confidentiality. The relationship of trust and confidence created or existing bet. a patient or a person with HIV and his attending physician, consulting medical specialist, nurse, medical technologist and all other health workers or personnel involved in any counseling, testing or professional care of the former; it also applies to any person who, in any official capacity, has acquired or may have acquired such confidential information. [Sec. 4, RA 8496]. Medical device. Any instrument, apparatus, implement, machine, appliance, implant, in-vitro reagent or calibrator, software, material, or other similar or related article intended by the manufacturer to be used alone, or in combination, for human beings for one or more of the specific purpose(s) of: diagnosis, prevention,, monitoring, treatment or alleviation of disease; diagnosis, monitoring, treatment, alleviation of, or compensation for an injury; investigation, replacement, modification, or support of the anatomy or of a physiological process; supporting or sustaining life; preventing infection; control of conception; disinfection of medical devices; and providing information for medical or diagnostic purposes by means of in-vitro examination of specimens derived from the human body. This device does not achieve its primary intended action in or on the human body by pharmacological, immunological, or metabolic means but which may be assisted in its intended function by such means. [Sec. 9, RA 9711]. Medical malpractice. Professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. [Li v. Sps. Soliman, GR 165279, June 7, 2011]. Medical malpractice. Essential elements a plaintiff must prove in a malpractice action based upon the doctrine of informed consent: (1) the physician had a duty to disclose material risks; (2) he
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failed to disclose or inadequately disclosed those risks; (3) as a direct and proximate result of the failure to disclose, the patient consented to treatment she otherwise would not have consented to; and (4) plaintiff was injured by the proposed treatment. [Li v. Sps. Soliman, GR 165279, June 7, 2011]. Medical malpractice (or Medical negligence) lawsuit. That type of claim which a victim has available to him or her to redress a wrong committed by a medical professional which has caused bodily harm. [Garcia-Rueda v. Pascasio, GR 118141, Sept. 5, 1997]. Medical negligence. Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. See Medical malpractice. Medical negligence. Elements involved: Duty, breach, injury and proximate causation. [Garcia-Rueda v. Pascasio, GR 118141, Sept. 5, 1997]. Medical physicist. A physicist who specializes in the application of the principles and techniques of physics in medicine. [Sec. 3, RA 7431]. Medical services. Hospital services, professional services of physicians and other health care professionals and diagnostics and laboratory tests that the necessary for the diagnosis or treatment of an illness or injury. [Sec. 3. RA 9994]. Medical technician. A person who not being a graduate of Bachelor of Science in Medical Technology or Bachelor of Science in Hygiene, but having passed the corresponding civil service examination, performs the work of medical technology under the supervision of a registered medical technologist and/or qualified pathologist. [Sec. 2, RA 5527]. Medical technologist. A person who engages in the work of medical technology under the supervision of a pathologist or licensed physician authorized by the DOH in places where there is no pathologist and who having passed a prescribed course [Bachelor of Science in Medical Technology or Bachelor of Science in Hygiene] of training and examination is registered under the provision of RA 5527. [Sec. 2, RA 5527]. Medical technology. An auxiliary branch of laboratory medicine which deals with the examination by various chemical, microscopic, bacteriologic and other medical laboratory procedures or technic which will aid the physician in the diagnosis, study and treatment of disease and in the promotion of health in general. [Sec. 2, RA 5527]. Medical technology, Practice of. A person shall be deemed to be in the practice of medical technology within the meaning of PD 498, who shall for a fee, salary or other compensation or reward paid or given directly or indirectly through another, renders any of the following professional services for the purpose of aiding the physician in the diagnosis, study and treatment of diseases and in the promotion of health in general. [Sec. 2, PD 498]. Medicare. The health insurance program currently being implemented by the Phil. Medical Care Commission. It consists of: (a) Program I, which covers members of the SSS and GSIS incl. their legal dependents; and (b) Program II,
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which is intended for those not covered under Program I. [Sec. 1, RA 9241]. Medicinal preparations. Substances used in medicine and prepared for the use of the apothecary or the physician to be administered as a remedy for diseases [La Tondea v. Coll. of Int. Rev., 10 SCRA 709]. Medicine sample. Medicine given free to members of the medical profession by drug manufacturers. Medicines. Prescription and nonprescription/over-the-counter drugs, both generic and branded, incl. vitamins and mineral supplements medically prescribed by the elderly's physician, and approved by the DOH and the FDA, which are intended for use in the diagnosis, cure, mitigation, treatment or prevention of human disease or sickness. It does not include food, devices or their components, parts, or accessories. [Art. 5, IRR of RA 9994]. Medico-legal. Of or pertaining to law as affected by medical facts. Medico-legal officers. Physicians or their duly designated deputies, from the National Bu. of Investigation (NBI), the Phil. National Police Crime Laboratory (PNP), the Military Forces (Army, Marines, Navy, Air Force) or any similar govt. institution or department who have custody of medico-legal case and violent deaths, such cases being defined as: (a) death from accidents or trauma; (b) death from homicide or murder or apparent suicide; (c) death from undetermined cause; or (d) violent deaths such as military casualties. [Sec. 4, DOH AO 11-95]. Medulla oblongata. The lowest or posterior part of the brain, extending from the isthmust rhombencephali to the spinal cord into which it gradually tapers off. It connects the brain with the spinal cord. Meeting of the minds. [It] speaks of the intent of the parties in entering into the contract respecting the subject matter and the consideration thereof, and if the words of the contract appear to be contrary to the evident intention of the parties, the latter shall prevail over the former. Mejora. Sp. Betterment. The disposition by parents of one of the 2/3 forming the legitime in order to apply it as betterment to their legitimate children or descendants. [Estorque v. Estorque, GR L19573. June 30, 1970]. Melancholia. Legal Med. An intense feeling of depression and misery which is unwarranted by his physical condition and external environment. [Olarte, Legal Med., 1st Ed. (2004), p. 150]. Member. Health Ins. Any person whose premiums have been regularly paid to the National Health Insurance Program. He may be a paying member, a sponsored member, or a lifetime member. [Sec. 3, RA 10606]. Members. The corporators of a non-stock corporation. [Sec. 5, CC]. Members in the Formal Economy. Health Ins. Workers with formal contracts and fixed terms of employment incl. workers in the government and private sector, whose premium contribution payments are equally shared by the employee and the employer. [Sec. 3, RA 10606].
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Members in the Informal Economy. Health Ins. Workers who are not covered by formal contracts or agreements and whose premium contributions are self-paid or subsidized by another individual through a defined criteria set by the PhilHealth. [Sec. 3, RA 10606]. Members of the family. Those persons having family relations referred to under Art. 150 of the Family Code. It shall include the employer parent's or legal guardian's husband or wife, parents, children, other ascendants or descendants, brothers and sisters whether of full or half blood. [Sec. 2, RA 7658]. Memoir or Memorandum. Intl. Law. A diplomatic note, either signed or merely initiated by the negotiators, containing salient points. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. Memorandum. Rem. Law. An informal note or instrument embodying something the parties desire to have in written evidence. Memorandum check. It is in the form of an ordinary check, with the word "memorandum", "memo" or "mem" written across its face, signifying that the maker or drawer engages to pay the bona fide holder absolutely, without any condition concerning its presentment. Such a check is an evidence of debt against the drawer, and although may not be intended to be presented, has the same effect as an ordinary check, and if passed to a 3rd person, will be valid in his hands like any other check. [People v. Nitafan, GR 75954. Oct. 22, 1992]. Memorandum Circulars (MC). Acts of the Pres. on matters relating to internal administration, which the Pres. desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in MCs. [Sec. 6, Admin. Code of 1987]. Memorandum decision. 1. A decision of the appellate court which adopt the findings and the conclusion of the trial court. 2. A decision rendered by an appellate court which incorporates by reference the findings of fact or the conclusions of law contained in the decision, order or ruling under review. [Francisco v. Permskul, GR 81006. May 12, 1989]. Memorandum of Agreement (MOA). A document written bet. parties to cooperate on an agreed upon project or meet an agreed objective. The purpose of an MOA is to have a written understanding of the agreement bet. parties. Memorandum of Understanding (MOU). A document describing a bilateral or multilateral agreement bet. 2 or more parties. It expresses a convergence of will bet. the parties, indicating an intended common line of action. It is often used in cases where parties either do not imply a legal commitment or in situations where the parties cannot create a legally enforceable agreement. It is a more formal alternative to a gentlemen's agreement. Memorandum Orders (MO). Acts of the Pres. on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in MOs. [Sec. 5, Admin. Code of 1987]. Memorialized. In writing.
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Memory. Internal storage areas in the computer. Memory pack diskette. A device used to store data. [Sec. 2, RA 8046]. Memory pack receiver. A dedicated machine that reads memory packs. [Sec. 2, RA 8046]. Menarche. The onset of the 1st menstruation of a girl. Mendicancy Law of 1978. PD 1563 entitled Establishing an integrated system for the control and eradication of mendicancy, providing penalties, appropriating funds therefor, and for other purposes signed into law on June 11, 1978. Mendicant. Any person, except those enumerated in Sec. 4 of PD 1563, who has no visible and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living. [Sec. 3, PD 1563]. Mens legislatories. Lat. The object or purpose of legislation. Mens rea. Lat. Guilty mind. 1. Many serious crimes require the proof of mens rea before a person can be convicted. In other words, the prosecution must prove not only that the accused committed the offense but that he did it knowing that it was prohibited; that his act or omission was done with an intent to commit a crime. 2. A guilty mind, a guilty or wrongful purpose or criminal intent. [People v. Moreno, GR 126921. Aug. 28, 1998, 5th Ed., p. 889]. Mental or Psychological Torture. Acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as: (1) Blindfolding; (2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts; (3) Confinement in solitary cells or secret detention places; (4) Prolonged interrogation; (5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner; (6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed; (7) Maltreating a member/s of a person's family; (8) Causing the torture sessions to be witnessed by the person's family, relatives or any 3rd party; (9) Denial of sleep or rest; (10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body against his/her will; (11) Deliberately prohibiting the victim to communicate with any member of his/her family; and (12) Other analogous acts of mental or psychological torture. [Sec. 4, RA 9745]. Mental anguish. Distress or serious pain as distinguished from annoyance, regret or vexation. Mental deficiency or retardation. A subaverage intellectual ability present from birth or early infancy. [Olarte, Legal Med., 1st Ed. (2004), p. 155]. Mental health. The psychological state of someone who is functioning at a satisfactory level of emotional and behavioral adjustment. Mental pachyderm. A distorted mind, a mind that is insensible, unfeeling,
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senseless, hardened, callous. [People v. Aquino, GR L-23908. Oct. 29, 1966]. Mercantile. Of or relating to trade or commerce; commercial. Mercantile agency. Any person engaged in the gathering information as to the financial standing ability or credit of persons engaged in business, and reporting the same to subscribers or to customers applying and paying therefor. [Sec. 1, PD 426]. See Collecting agency. Mercenary. Intl. Law. A volunteer who, for monetary award, enters into an agreement to fight for the armed forces of a foreign State or an entity purporting to exercise authority over a country or people or part thereof. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 611]. Merchandise. As used in Bulk Sales Law, things and articles which are kept for sale by a merchant. Merchant. 1. A person engaged in the sale, barter, or exchange of personal property of whatever character. [Sec. 1459, Act 2711; Whitaker v. Rafferty, GR 11962. Aug. 27, 1918]. 2. A person engaged in buying and selling merchandise at a fixed place of business, which business is conducted in his name, and who during the time he claims to be engaged as a merchant does not engage in the performance of any manual labor except such as is necessary in the conduct of his business as such merchant [Singh v. Board of Comm., GR L-11015. Feb. 25, 1961]. Merchant marine deck officer. A duly registered, certified and licensed master mariner, chief mate and officer-incharge of a navigational watch. [Sec. 4, RA 8544]. Merchant marine engineer officer. A duly registered, certified and licensed chief engineer, 2nd engineer, and officer-in-charge of an engineering watch in a manned engine-room or designated duty engineer in a periodically unmanned engine-room, and coastal engineer. [Sec. 4, RA 8544]. Merchant marine officer. Marine deck or engineer officer. [Sec. 4, RA 8544]. Merchant marine profession, Practice of. The profession requiring the application of fundamental and known principles of navigation, seamanship and engineering to the peculiar condition and requirements of on board management, operation and maintenance of main propulsion and auxiliary engines, stability and trim of the vessel and cargo handling. [Sec. 4, RA 8544]. Merchant marine vessel. Applies only to the commercial ships, propelled by machinery, public or private, strictly engaged in maritime commerce, both seagoing and/or near-coastal trade, vessels engaged in the training of cadets for the merchant marine profession, and noncombatant vessels of the Phil. Govt. [Sec. 4, RA 8544]. Merchants. (a) Those who, having legal capacity to engage in commerce, habitually devote themselves to it, and (b) commercial or industrial companies which may be created in accordance with law. [Art. 1, Code of Commerce]. Mercury Drug rule. Labor. The rule enunciated by the Sup. Court in the Mercury Drug case [Mercury Drug Co. v. CIR,
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GR L-23357, 30 Apr. 1974] which adopted the policy of granting to employee backwages for a maximum period of 3 years without qualification and deduction [in order] to remedy the delay brought about by the Deduction of Earnings Elsewhere rule, and to speed up execution process. Merger. Corp. Law. 1. The union of 2 companies that results in the continuation of the corporate existence and survival of one constituent company and dissolution of the other. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 207]. 2. The absorption of one thing or right into another. See Confusion. Merger and consolidation. Corp. Law. The merger of 2 or more corporations into a single corporation which shall be one of the constituent corporations or may consolidate into a new single corporation which shall be the consolidated corporation. [Sec. 76, Corp. Code]. Compare with Consolidation. Merger rule. Intl. Law. Legal rule that the treaties in effect in a former state remain in effect in its territory when it becomes part of a new state. Meridional. Of or in the south; southern. Meridional block. An area bounded by 1/2 minute of latitude and 1/2 minute of longitude, containing approximately 81 has. See Block. Merit and fitness. The standard acc. to which appointments in the civil service can only be made, to be determined as far as practicable by competitive examinations. Merit and fitness standard. The standard that the most qualified and competent shall be preferred in the appointment to positions in the civil service. Merit test. The ascertainment of whether the applicants cause of action or his defense is valid and whether the chances of establishing the same appear reasonable. [Sec. 1, Art. 2, AM 08-11-7-SC (IRR), Sept. 10, 2009]. Merits. A matter of substance in law, as distinguished from matter of form, and as the real or substantial grounds of action or defense, in contradistinction to some technical or collateral matter raised in the course of the suit. A judgment is upon the merits when it amounts to a declaration of the law as to the respective rights and duties of the parties, based upon the ultimate fact or state of facts disclosed by the pleadings and evidence, and upon which the right of recovery depends, irrespective of formal, technical or dilatory objections or contentions. [Escarte v. Off. of the Pres., GR 58668. Dec. 4, 1990]. Metal. A solid material that is typically hard, shiny, malleable, fusible, and ductile, with good electrical and thermal conductivity. Metallic deposits. Those which contain any of the metallic elements or minerals, or their combination, such as gold, silver, platinum, tin, chromium, iron, manganese, copper, nickel, lead, zinc cinnabar, tungsten and the like. [Sec. 18, PD 464]. Metallic minerals. Minerals with a high specific gravity and metallic luster, such as titanium, rutile, tungsten, uranium, tin, lead, iron, etc. In general, the metal-
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lic minerals are good conductors of heat and electricity. Compare with Nonmetallic minerals. Metallurgy or Metallurgical engineering, Practice of. (a) A person shall be deemed to be practising metallurgical engineering within the meaning and intent of PD 1563 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 service in metallurgy or metallurgical engineering in the form of consultation, investigation, valuation, planning, designing or supervision of operation; (b) The term metallurgy or metallurgical engineering as used in PD 1536, shall mean the teaching and practice of the science and technology of preparing minerals and metals from ores by separating them from mechanical mixture and chemical combination and/or finally processing them for use. [Sec. 12, PD 1536]. Metals industry. The manufacture from ore materials of products of all precious, base and rare metals and their alloys, incl. all processes from smelting in direct and indirect reduction furnaces to the final finished product state, either separately or part of an integrated process. [Sec. 2, RA 6428]. Metastasis of the colon cancer. The spread of colon cancer to distant organs. [Leonis Navigation Co., Inc. v. Villamater, GR 179169. Mar. 3, 2010]. MeTC. Metropolitan Trial Court. Meter or Metre. The base unit of length which is the length equal to 1 650 763.73 wavelengths in vacuum of the radiation corresponding to the transition bet. the levels 2p 10 and 5d 5 of the krypton 86 atom. [Sec. 4, BP 8]. Methamphetamine hydrochloride. Commonly known as "Shabu", "Ice", "Meth", or by its any other name. The drug having such chemical composition, incl. any of its isomers or derivatives in any form. [Sec 3, RA 9165]. Methylenedioxymethamphetamine or Ecstasy. The drug having such chemical composition, incl. any of its isomers or derivatives in any form. [Sec 3, RA 9165]. Metric system. The international System of Units, or SI in brief, as established by the General Conference of Weights and Measures and as interpreted or modified by the Metric System Board, established pursuant to PD 187, as amended by PD 748, to suit Phil. conditions. [Sec. 2, BP 8]. Metropolitan Manila. A public corporation, originally created under PD 824, embracing the cities of Caloocan, Manila, Mandaluyong, Makati, Pasay, Pasig, Quezon, and Muntinlupa, Las Pias, Malabon, Marikina, Paraaque, Taguig, and Valenzuela, and the municipalities of Navotas, Pateros and San Juan, which was later constituted into a special development and administrative region subject to direct supervision of the Pres. of the Phils. by virtue of RA 7924. Metropolitan Manila Development Authority (MMDA). The govt. body created under RA 7924 to administer the affairs of Metropolitan Manila.
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MGB. See Mines and Geosciences Bureau. Micro. 1. Extremely small. 2. Small-scale. Micro-enterprise. Any economic enterprise with a capital of P150,000.00 and below. This amount is subject to periodic determination of the DTI to reflect economic changes. [Sec. 3, RA 8425]. Microfinance. A credit and savings mobilization program exclusively for the poor to improve the asset base of households and expand the access to savings of the poor. It involves the use of viable alternative credit schemes and savings programs incl. the extension of small loans, simplified loan application procedures, group character loans, collateral-free arrangements, alternative loan repayments, minimum requirements for savings, and small denominated savers' instruments. [Sec. 3, RA 8425]. Micronutrient. An essential nutrient required by the body in very small quantities; recommended intakes are in milligrams or micrograms. [Sec. 3, RA 8976]. Micronutrient malnutrition. A disorder resulting from deficiencies in vitamin A, iron, iodine and other micronutrients which the body needs in minute quantities everyday. [Sec. 4, RA 8172]. Micro-scale project. A Renewable Energy (RE) project with capacity not exceeding 100 kilowatts. [Sec. 4, RA 9513]. Middle name. 1. A person's name after the 1st name and before the surname. 2. A person's mothers maiden surname. Middle-level manpower. Those (a) who have acquired practical skills and knowledge through formal or non-formal education and training equivalent to at least a secondary education but preferably a post-secondary education with a corresponding degree or diploma; or (b) skilled workers who have become highly competent in their trade or craft as attested by industry. [Sec. 4, RA 7796]. Midnight appointments. Also Last minutes appointments. Mass adinterim appointments issued in the last hours of an outgoing Chief Exec. [which] are to be considered by the Commission on Appointments as different from that to be submitted by an incoming Chief Exec. who may not wholly approve of the selections, esp. if it is doubtful that the outgoing Pres. exercised double care in extending such appointments. [Aytona v. Castillo, GR L-19313. Jan. 19, 1962]. Might. The word does not connote an agreement to do something. It is an expression of a probable intention to do but cannot be categorized as an offer or promise to do it. Migrant worker. A person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he is not a legal resident; to be used interchangeably with Overseas Filipino Workers. [Sec. 2, IRR, RA 8042]. Migrant. An itinerant worker who travels from one area to another in search of work. Migrant workers. 1. Health Ins. Documented or undocumented Filipinos who are engaged in a remunerated activity in
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another country of which they are not citizens. [Sec. 3, RA 10606]. 2. Labor. Filipinos who are to be engaged, are engaged, or have been engaged in a remunerated activity in a State of which they are not legal residents, whether documented or undocumented. [Sec. 4, RA 9710]. Migrant Workers and Overseas Filipinos Act of 1995. RA 8042 entitled An Act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for other purposes enacted on June 7, 1995. Migrate. To move from one area or country to settle in another. Migration. The movement of persons from one country or locality to another. Migratory bird. A bird that travels from one place to another at regular times often over long distances. Migratory species. Any fishery species which in the course of their life could travel from freshwater to marine water or vice versa, or any marine species which travel over great distances in waters of the ocean as part of their behavioral adaptation for survival and speciation. [Sec. 4, RA 8550]. Military. All branches of the Armed Forces of the Phils. incl. (sic) the Phil. National Police, the Bu. of Jail Management and Penology, and the Bu. of Fire Protection. [Sec. 3, RA 8491]. Military necessity. The necessity of employing measures which are indispensable to achieve a legitimate aim of the conflict and are not otherwise prohibited by International Humanitarian Law. [Sec. 3, RA 9851]. Military occupation. The taking over of enemy territory by the victor after the conclusion of the war. The rights and obligations of the military occupant are generally premised on the provisions of an agreement or treaty on the matter. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1078]. Compare with Belligerent occupation. Military personnel. Commissioned officers, enlisted personnel, trainees and draftees who are in the active service of the Armed Forces of the Phils. [Sec. 1, PD 577]. Military reservation. Land of the public domain which has been proclaimed by the Pres. of the Phils. for military purposes such as Airbase, Campsite, Docks and Harbors, Firing Ranges, Naval Base, Target Range, Wharves, etc. Mill tailings. Materials whether solid, liquid or both segregated from the ores during concentration or milling operations which has no present economic value to the generator of the same. [Sec. 4, DENR AO 95-23]. MinDA. Mindanao Development Authority. Mindanao Development Authority (MinDA) Act of 2010. RA 9996 entitled An Act Creating the Mindanao Development Authority (MinDA), Defining its Powers and Functions, Providing Funds Therefor and for Other Purposes enacted on Feb. 17, 2010. Mine. 1. v. To extract, remove, utilize minerals, and include operations necessary for that purpose. [Sec. 2, PD 463]. 2. n.
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A work for the excavation of minerals, by means of pits, shafts, levels, tunnels, and others. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 110]. Mine tailings. Mine tailings are materials left over after extraction of valuable minerals from ore. Mine wastes and tailings. Soil and rock materials from surface or underground mining and milling operations with no economic value to the generator of the same. [Sec. 3, RA 7942]. Mineral. All naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials and geothermal energy. [Rules of Procedure for Environmental Cases, AM 09-6-8-SC, Apr. 29, 2010]. Mineral agreement. A contract bet. the govt. and a contractor, involving mineral production-sharing agreement, coproduction agreement, or joint-venture agreement. [Sec. 3, RA 7942]. Mineral deposit. A natural deposit or accumulation of minerals. [Sec. 2, PD 463]. Mineral land. 1. Any area where mineral resources are found. [Sec. 3, RA 7942]. 2. Land in which minerals exist in sufficient quantity and grade to justify the necessary expenditures in extracting and utilizing such minerals. [Sec. 3, PD 464; Sec. 2, PD 463]. Mineral processing. The milling, beneficiation or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products. [Sec. 3, RA 7942]. Mineral resource. Any concentration of minerals or rocks with potential economic value. [Sec. 3, RA 7942]. Mineral Resources Development Decree of 1974. PD 463 signed into law on May 17, 1974; subsequently repealed by PD 972. Mineral water. The term is now colloquially used to mean any bottled carbonated water or soda water, as opposed to tap water. Mineralized areas. Areas with naturally occurring mineral deposits of gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources. [Sec. 3, RA 7076]. Minerals. 1. All naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy. [Sec. 3, RA 7942]. 2. All naturally occurring inorganic substances in solid, liquid or any intermediate state incl. coal. Soil which supports organic life, sand and gravel, guano, petroleum, geothermal energy and natural gas are included in this term but are governed by special laws. [Sec. 2, PD 463]. Minerals processing permit. The permit granted by the DENR Sec. to any person who shall engage in the processing of minerals, which shall be for a period of 5 years renewable for like periods but not to exceed a total term of 25 years. [Sec. 55, RA 7942]. Minerals products. Materials derived from minerals ores or rocks and prepared into a marketable state by metallurgical processes which include, but not
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limited to milling, beneficiation, cyanidation, leaching, smelting, calcination and other similar processes. [Sec. 4, DENR AO 95-23]. Mines and Geosciences Bureau (MGB). The primary government agency under the DENR, pursuant to EO 192 on June 1987. It is responsible for the conservation, management, development and proper use of the countrys mineral resources including those in reservations and lands of public domains. Mini-hydroelectric power developer or developer. Any individual, cooperative, corporation or association engaged in the construction and installation of a hydroelectric-power-generating plant with an installed capacity of not less than 101 kilowatts nor more than 10,000 kilowatts. [Sec. 4, RA 7156]. Mini-hydroelectric power development. The construction and installation of a hydroelectric-power-generating plant and its auxiliary facilities such as transmission, substation and machine shop with an installed capacity of not less that 101 kilowatts nor more than 10,000 kilowatts. [Sec. 4, RA 7156]. Mini-hydroelectric power plant. An electric-power-generating plant which: (a) utilizes the kinetic energy of falling or running water (run-of-river hydro plants) to turn a turbine generator producing electricity; and (c) has an installed capacity of not less than 101 kilowatts nor more than 10,000 kilowatts. [Sec. 4, RA 7156]. Minimum Access Volume (mV). The amount of imports of an agricultural product allowed to be imported into the country at a customs duty lower than out-quota customs duty. [Sec. 4, RA 8800]. Minimum basic needs (MBN). The needs of a Filipino family pertaining to survival (food and nutrition; health; water and sanitation; clothing), security (shelter; peace and order; public safety; income and livelihood) and enabling (basic education and literacy; participation in community development; family and psycho-social care). [Sec. 3, RA 8425]. Minimum corporate income tax (MCIT). Tax imposed on gross income which is arrived at by deducting the capital spent by a corporation in the sale of its goods, i.e., the cost of goods and other direct expenses from gross sales. [Chamber of Real Estate and Builders' Assocs. v. Exec. Sec. Romulo, GR 160756. Mar. 9, 2010]. Minimum term. [It] shall be within the range of the penalty next lower to that prescribed by the [Rev. Penal] Code for the offense. It is based on the penalty prescribed by the Rev. Penal Code for the offense without considering in the meantime the modifying circumstances. [People v. Temporada. GR 173473, Dec. 17, 2008, Sep. Op., Corona, J.]. Compare with Maximum term. Minimum wage. The lowest wage permitted by law or by a special agreement. Minimum Wage Law. RA 602, as amended. [Expressly repealed by the Labor Code, except Sec. 3 and 7 thereof]. Mining. The exploration for and extraction of minerals which occur in nature as either solids, liquids or gases. [Sec. 2, RA 4095].
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Mining Act. CA 137, as amended, and as further amended by RA 7942, the Phil. Mining Act of 1995. Mining area. A portion of the contract area identified by the contractor for purposes of development, mining, utilization, and its sites for support facilities or in the immediate vicinity of the mining operations. [Sec. 3, RA 7942]. Mining claim. A parcel of land containing precious metal in its soil or rock, and is often used in mining parlance as synonymous with the term Location. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 110]. Mining engineering, Practice of. A person shall be deemed to be practising mining engineering or rendering mining engineering service within the meaning and intent of RA 4274 who shall, for a fee, salary or other reward or compensation, paid to him or through another person, or even without such compensation, render or offer to render by means of signs, cards, advertisements, written reports, and/or in any other manner offer to practice mining engineering in the form of consultation, investigation, mining reports, valuation and ore reserve calculation; take charge of, direct and/or supervise underground and/or surface mining, open-cuts, pits and/or quarries; shaft sinking, tunneling, stopping, dredging, hydraulicking and sluicing for minerals and/or mineral products: Provided, That the above functions are exercised in a responsible and independent capacity. [Sec. 12, RA 4274]. Mining operations. Mining activities involving exploration, feasibility, development, utilization, and processing. [Sec. 3, RA 7942]. Mining plan. A 2-year program of activities and methodologies employed in the extraction and production of minerals or ore-bearing materials, incl. the financial plan and other resources in support thereof. [Sec. 3, RA 7076]. Mining right application. Any application for small-scale mining permit, exploration permit, quarry permit, sand and gravel permit, guano permit, gemstone gathering permit, mineral agreement or FTAA. [Sec. 4, DENR AO 95-23]. Mining right. Any right to explore, develop, or utilize mineral resources. [Sec. 4, DENR AO 95-23]. Minister. Intl. Law. Second-level diplomat such as the head of a legation. Minister of the Gospel. All clergymen of denomination and faith. [Adong v. Cheong See Gee, GR L-18081. Mar. 3, 1922]. Minister plenipotentiary. Intl. Law. A diplomatic representative ranking below an ambassador but having full governmental power and authority; a plenipotentiary. Minister resident. Intl. Law. A diplomatic agent ranking below a minister plenipotentiary. Minister-designate. Intl. Law. A diplomatic agent who has been designated by his government and approved by the head of government to which he has been accredited but who has not presented his credentials.
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Ministerial. Of, relating to, or being a mandatory act or duty admitting of no personal discretion or judgment in its performance. Ministerial act or duty. In contradistinction to a discretional act, one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his own judgment, upon the propriety or impropriety of the act done. If the law imposes a duty upon a public officer, and gives him the right to decide how or when the duty shall be performed, such duty is discretionary and not ministerial. The duty is ministerial only when the discharge of the same requires neither the exercise of official discretion nor judgment. [Lamb v. Phipps, GR 7806. July 12, 1912]. Ministerial execution. Also Execution as a matter of right. Execution of a final judgment or final order which has attained finality. [Bench Book for Trial Court Judges, p. 2-56]. Compare with Discretionary execution. Ministers plenipotentiary. Also Envoys extraordinary. Ministers assigned to perform a special function [i.e., signing a treaty]. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1044]. Ministers resident. The political, cultural, economic, and social representatives of their countries to a foreign principal city. Their offices are known as Legations. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1044]. Ministrant. Optional. Ministrant function. Also Proprietary function. Pol. Law. A function of govt. which connotes merely the exercise of proprietary functions and thus considered as optional. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991]. Compare with Governmental or Constituent function. Ministrant governmental functions. Pol. Law. Those that are undertaken only by way of advancing the general interest of society, and are merely optional. The most important of the ministrant functions are: public works, public education, public charity, health and safety regulations, and regulations of trade and industry. [SSS Employees Assoc. v. Soriano, GR L-18081. Apr. 30, 1963]. Compare with Constituent governmental functions. Mini-trial. A structured dispute resolution method in which the merits of a case are argued before a panel comprising senior decision makers with or without the presence of a neutral 3rd person after which the parties seek a negotiated settlement. [Sec. 3, RA 9285]. Minor. 1. Any person below 18 years old. [Sec. 4, RA 9211]. 2. A person under the age of legal competence. Minor or Ordinary repair. Repair merely to keep a building or equipment in fit condition or use without increasing its capacity or otherwise adding to its normal value as an asset. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Minor parts of a firearm. The parts of the firearm other than the major parts which are necessary to effect and complete the action of expelling a projectile by
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way of combustion, except those classified as accessories. [Sec. 3, RA 10591]. Minority. The state or condition of a minor; infancy. The smaller number of votes to deliberate assembly. Compare with Majority. Minority opinion. A dissenting opinion. Compare with Majority opinion. Minute. A summarized record of the proceedings at a meeting. Minute resolution. The manner of adjudication by which the Sup. Court (1) dismisses a petition filed under Rule 64 or 65 of the Rules of Court, citing as legal basis the failure of the petition to show that the tribunal, board or officer exercising or quasi-judicial functions has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; (2) denies a petition filed under Rule 45 of the said Rules, citing as legal basis the absence of reversible error committed in the challenged decision, resolution, or order of the court below; (3) dismisses an administrative complaint, citing as legal basis the failure to show a prima facie case against the respondent; (4) denies a motion for reconsideration, citing as legal basis the absence of a compelling or cogent reason to grant the motion, or the failure to raise any substantial argument to support such motion; and (5) dismisses a petition on technical grounds or deficiencies. [The Internal Rules of the Sup. Court, AM 10-4-20SC, May 4, 2010]. Minutes. 1. The official record of a meeting. 2. Memorandum of a transaction or proceeding. Miranda rights. The rights of any person under investigation for the commission of an offense: (a) to be informed of his right to remain silent and (b) to have competent and independent counsel preferably of his own choice (c) If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. Miranda warning. Also Miranda rule. 1. The name given to the requirement that police officers must warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided before any questioning is so desired. Failure to issue the warning results in the evidence so obtained to be inadmissible in court. The warning became a national police requirement when ordered by the US Sup. Court in the 1966 case of Miranda v. Arizona and that is how it got the name. 2. Requirement that police tell a suspect in their custody of his constitutional rights before they question him. So named as a result of the Miranda v. Arizona ruling by the US Sup. Court. Misappropriate. 1. To own, to take something for one's own benefit. [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 Convert. Misappropriate (for one's own use). To convert to one's personal advantage. To attempt to dispose of the property of an-
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other without right. [US v. Panes, 37 Phil. 118]. Misappropriation. The misapplication of money, goods, or other personal property belonging to another for his personal benefit. [Trinidad v. CA, 53 OG 731]. Misbranded. This term shall apply to any carcass, part thereof, meat or meat products where one or more of the circumstances as defined under the RA 7394 [Consumer Act of the Philippines] is present. [Sec. 4, RA 9296]. Misbranding. (It) means, in addition to definitions in existing laws, misinformation or misleading information on the label or other information materials authorized by the FDA. It shall not refer to copyright, trademark, or other intellectual property-like instruments. [Sec. 9, RA 9711]. Miscellaneous payroll period. A payroll period other than, a daily, weekly, biweekly, semi-monthly, monthly, quarterly, semi-annual, or annual period. [Sec. 78, NIRC, as amended]. Misclassification and survey by government official or employee. The offense committed by any public officer or employee who knowingly surveys, classifies, or recommends the release of forest lands as alienable and disposable lands contrary to the criteria and standards established in PD 705, or the rules and regulations promulgated hereunder. [Sec. 74, PD 705]. Misconduct. 1. A transgression of some established or definite rule of action, more particularly, unlawful behavior or gross negligence by the public officer. [Amosco v. Magro, 73 SCRA 107 (1976)]. 2. Any unlawful behavior by a public officer in relation to the duties of his office, willful in character. The term embraces acts which the office holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act. [Maaliw, Willie Fernando S., CSC Res. 00-1290, June 1, 2000]. Misconduct in office. 1. Any unlawful behavior by a public officer in relation to the duties of his office, willful in character. [Guillen v. Tolentino, AM SB-95-6-P. Dec. 10, 1997, Rev. 4th Ed., p. 1150]. 2. A misconduct such as affects his performance of his duties as an officer and not such only as affects his character as a private individual. In such cases, it has been said at all times, it is necessary to separate the character of man from the character of an officer. [Amosco v. Magro, 73 SCRA 107, pp. 108-109, Sep. 30, 1976]. Misconduct of notary public. The act of ratifying a contract the covenants of which are contrary to law, morals and good customs, executed by a notary public who is at the same time a practicing attorney upon which the court, as disciplinary measure, may impose even disbarment. [Panganiban v. Borromeo, 58 Phil. 367; Biton v. Momongan, 62 Phil. 7]. Misdemeanor. A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary. [en.mimi.hu/law; Oct. 10, 2011]. Misfeasance. 1. Improperly doing something which a person has the legal right to do. 2. Improper performance of an act which a person might lawfully
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do. Compare with Malfeasance and Nonfeasance. Misjoinder. When a person has been named as a party to a lawsuit when that person should not have been added. When this is asserted, the court will usu. accommodate a request to amend the court documents to strike, or substitute for, the name of the misjoined party. Compare with Non-joinder. Misleading question. One which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated. It is not allowed. [Sec. 10, Rule 132, RoC]. Compare with Leading question. Misprision. The deliberate concealment of one's knowledge of a treasonable act or a felony. Misprision of treason. Crim. Law. The felony committed by a person owing allegiance to the Govt. of the Phils., without being a foreigner, and having knowledge of any conspiracy against them, who conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be. [Art. 116, RPC]. Misrepresentation. Contracts. 1. A false and material statement which induces a party to enter into a contract. This is a ground for rescission of the contract. 2. Ins. A statement as a fact of something which is untrue, and which the insured states with knowledge that it is untrue and with an intent to deceive, or which he states positively as true without knowing it to be true, and which has a tendency to mislead, where such fact in either case is material to the risk. [Agbayani, Comm. Laws of the Phil., Vol. II, p.66]. Misrepresentation. Ins. The use of oral or written statements that do not truly reflect the facts either by an insured on an application for insurance or by an insurer concerning the terms or benefits of an insurance policy. These situations usu. involve issues like reasonable reliance and bad faith refusal to pay, and can be grounds for nullification of the policy or damages in excess of policy limits. [Health Ins. Online; Oct. 1, 2011]. Compare with Concealment. Mission. Intl. Law. A general term for a commission, delegation, embassy, or legation. Missionary electrification. The provision of basic electricity service in unviable areas with the aim of bringing the operations in these areas to viability levels. [Sec. 4, RA 9513]. Mistake of facts. Crim. Law. An act or omission which is the result of a misapprehension of facts that is voluntary but not intentional. The actor performed an act which would be lawful had it been true as he believed it to be. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 21-22]. Mistake of law. A legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. Mistake to invalidate consent. There is mistake to invalidate consent when the mistake refers to the substance of the thing which is the object of the contract,
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or to those conditions which have principally moved one or both parties to enter into the contract. [Art. 1331, CC]. Mistrial. 1. A partial or complete trial which is found to be null and void and of no effect because of some irregularity. The sudden end of trial before it would ordinarily end because of some reason which invalidates it. Once a mistrial is declared, the situation is as if the trial had never occurred. 2. An invalid trial, caused by fundamental error. Misuse of allocation. The sale, transfer or diversion of mandated petroleum fuel allocations by oil companies, distributors, dealers or consumers contrary to the declared intent of the Govt. in making such allocation. [Sec. 2, PD 1865; Sec. 3, BP 33]. Mitigating. Less severe, serious, or painful. Mitigating circumstances. 1. Those circumstances that have the effect of reducing the penalty because there is a diminution of any of the elements of dolo or culpa, which makes the act voluntary or because of the lesser perversity of the offender. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 51]. 2. These are facts that, while not negating an offense or wrongful action, tend to show that the defendant may have had some grounds for acting the way he did. For example, assault, though provoked, is still assault but provocation may constitute mitigating circumstances and allow for a lesser sentence. 3. Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame. Compare with Aggravating circumstances. Mitigation. Crim. Law. A reduction, abatement, or diminution of a penalty or punishment imposed by law. Mitigation. Spcl. Law. 1. Structural and non-structural measures undertaken to limit the adverse impact of natural hazards, environmental degradation, and technological hazards and to ensure the ability of at-risk communities to address vulnerabilities aimed at minimizing the impact of disasters. Such measures include, but are not limited to, hazardresistant construction and engineering works, the formulation and implementation of plans, programs, projects and activities, awareness raising, knowledge management, policies on land-use and resource management, as well as the enforcement of comprehensive land-use planning, building and safety standards, and legislation. [Sec. 3, RA 10121]. 2. Human intervention to address anthropogenic emissions by sources and removals by sinks of all GHG, incl. ozonedepleting substances and their substitutes. [Sec. 3, RA 9729]. Mitigation of damages. The responsibility a person who sues another for damages to minimize those damages, as far as reasonable. For example, in a wrongful dismissal suit, the person who was fired should make some effort to find another job so as to minimize the economic damage to himself. Mitigation potential. The scale of GHG reductions that could be made, relative to emission baselines, for a given level of carbon price [expressed in cost per unit of carbon dioxide equivalent emissions avoided or reduced]. [Sec. 3, RA 9729].
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Mittimus. 1. The final process for carrying into effect the decision of the appellate court, and the transmittal thereof to the court of origin is predicated upon the finality of the judgment. [Clemente-De Guzman v. Reyes, AM 2358-MJ. June 29, 1982]. 2. The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his fate shall be determined by due course of law. Mixed condition. 1. A condition which depends partly upon chance and partly upon the will of a 3rd person. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. A condition the fulfillment of which depends jointly upon the will of the heir, devisee or legatee and upon chance and/or the will of a 3rd person. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 222223]. Mixed novation. Novation that is both objective and subjective at the same time wherein a dual purpose is achieved. An obligation is extinguished and a new one is created in lieu thereof. Mixed solidarity. Solidarity that exists among the creditors and the debtors at the same time. [Torres, Oblig. & Cont., 2000 Ed., p. 77]. Mixed succession. Succession effected partly by will and partly by operation of law. [Art. 780, CC]. Mobilie. Capable of moving or being moved; movable. Mobile phone. Also known as Cellular phone, Cell phone, or Hand phone. A device that can make and receive telephone calls over a radio link while moving around a wide geographic area. Mobile Registration. The conduct of registration of overseas voters at various locations outside the posts, other than at field registrations, undertaken as part of the posts mobile consular and outreach activities to Filipinos within their jurisdictions. [Sec. 2, RA 10590]. Mobile satellite service. A radio communications service bet. mobile earth stations and one or more space stations, or bet. space stations used by this service, or bet. mobile earth stations by means of one or more space stations. [Sec.3, EO 467, s. 1998]. Mobilia sequuntur personam principle. The principle that the situs of personal property is the domicile of the owner. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 48]. Mobilization fee. The amount charged by a licensee or authority holder from its foreign employer-principal or partner to cover costs of recruitment, processing and documentation of its recruits for overseas employment. [Sec. 1, Rule 1, IRR of LC]. Modal. Of or relating to mode or form as opposed to substance. Modal donation. A donation in which the donor imposes a prestation upon the donee. [Central Phil. Univ. v. CA, GR 112127. July 17, 1995]. Modal institution. Succ. A kind of institution where the testator states the object of the institution; or the purpose of the application of the property left by the
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testator; or the charge imposed by the creator upon the heir. [Art. 882, CC]. Mode. The statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 228]. Mode of acquisition. The means or ways by which the govt. acquired the property; e.g. sale, donation, eminent domain, escheat, judgment levy and foreclosure of mortgage. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Model law. The Model Law on Intl. Commercial Arbitration adopted by the UN Commission on Intl. Trade Law on 21 June 1985. [Sec. 3, RA 9285]. Moderate damages. See Temperate damages. Modern factoring. A continuing agreement under which a financing institution assumes the credit and collection for its client and purchases his receivables as they arise without recourse to him for credit losses. For a small commission, the factor assumes all the clients burdens of credits and collections. Modern methods of family planning. Safe, effective, non-abortifacient and legal methods, whether natural or artificial, that are registered with the FDA, to plan pregnancy. [Sec. 4, RA 10354]. Modes of discovery. The name given pretrial devices for obtaining facts and information about the case. Modification of permit. The change of the place and time of the public assembly, rerouting of the parade or street Mar., the volume of loud-speakers or sound system and similar changes. [Sec.3, BP 880]. Modificatory novation. Civ. Law. [A novation] where the change brought about by any subsequent agreement is merely incidental to the main obligation (e.g., a change in interest rates or an extension of time to pay); in this instance, the new agreement will not have the effect of extinguishing the 1st but would merely supplement it or supplant some but not all of its provisions. [Iloilo Traders Finance, Inc. v. Heirs of Sps. Soriano, 452 Phil. 82 (2003)]. Compare with Extinctive novation. Modified union shop. Labor. A contract which requires all new employees to become union members for some time after employment but does not require present employees to join the union. Those who have become union members shall maintain their membership as a condition of continuous employment. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157]. Modus operandi. Lat. Method of operation. Used by law enforcement officials to refer to a criminal's preferred method of committing crime. Modus vivendi. Lat. Intl. Law. A temporary agreement or arrangement bet. 2 States, providing for a workable compromise in a pending dispute, which is intended to be replaced later by an arrangement of a more formal and permanent character. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 493]. Mohammedan. Of or relating to the Arabian prophet Mohammed [or Muhammad] or to the religion he founded.
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Mohammedan Imam. A priest or minister of the Gospel. [Adong v. Cheong See Gee, GR L-18081. Mar. 3, 1922]. Mohammedanism. A denomination, within the meaning of the Marriage Law. [Adong v. Cheong See Gee, GR L18081. Mar. 3, 1922]. Moiety. Half of something. For example, it can be said that joint tenants hold a moiety in property. In old criminal law, there were moiety acts which allowed half of the fine money to be handed over to the informer. Mole. The base unit of amount of substance which is the amount of substance of a system which contains as many elementary entities as there are atoms in 0.012 kg. of carbon 12. When the mole is used, the elementary entities must be specified and may be atoms, molecules, ions, electrons, other particles, or specified groups of such particles. [Sec. 4, BP 8]. Moneda. Sp. Money, specie, coin. [US v. Gardner, GR 1468. Mar. 14, 1904]. Moneda corriente. Sp. Currency. [US v. Gardner, GR 1468. Mar. 14, 1904]. Moneda sonate. Sp. Hard money, specie. [US v. Gardner, GR 1468. Mar. 14, 1904]. Monetary. Of or relating to money or currency. Monetary Board. A quasi-judicial agency exercising quasi-judicial powers or functions. An independent central monetary authority and a body corporate with fiscal and administrative autonomy, mandated to provide policy directions in the areas of money, banking and credit. [UCPB v. Ganzon, Inc., Ganzon, Inc. v. UCPB, GR 168859, GR 168897, June 30, 2009]. Monetary instrument. Pursuant to the "Anti-Money Laundering Act of 2001 (RA 9160), the term refers to: (a) coins or currency of legal tender of the Phils., or of any other country; (b) drafts, checks and notes; (c) securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust certificates, custodial receipts or deposit substitute instruments, trading orders, transaction tickets and confirmations of sale or investments and money marked instruments; and (d) other similar instruments where title thereto passes to another by endorsement, assignment or delivery. [Sec. 3, RA 9160]. Monetary interest. Interest for the use of the money (from date of execution to date of payment). [Reins. Co. of the Orient, Inc. v. CA, GR L-61250. June 3, 1991]. Compare with Compensatory interest. Money. Anything customarily used as a medium of exchange and measure of value. Money claims of workers. Money claims referred to in par. 3 of Art. 217 of the Labor Code which embrace those which arise out of or in connection with the employer-employee relationship, or some aspect or incident of such relationship. Money claims now falling within the original and exclusive jurisdiction of Labor Arbiters which have some reasonable causal connection with the employer-employee relationship. [San Miguel Corp. v. NLRC, GR L-80774. May 31, 1988].
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Money laundering. 1. A crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources. 2. Any transaction involving such criminal proceeds or attempt to transact the same during the placement, layering or integration stage. [Sec. 1, Rule 4, RA 9160]. Money laundering. Stages: (1) Placement or the physical disposal of the criminal proceeds, (2) layering or the separation of the criminal proceeds from their source by creating layers of financial transactions to disguise the audit trail, and (3) integration or the provision of apparent legitimacy to the criminal proceeds. [Sec. 1, Rule 4, RA 9160]. Money laundering offense. [An offense] committed by any person who, knowing that any monetary instrument or property represents, involves, or relates to the proceeds of any unlawful activity: (a) transacts said monetary instrument or property; (b) converts, transfers, disposes of, moves, acquires, possesses or uses said monetary instrument or property; (c) conceals or disguises the true nature, source, location, disposition, movement or ownership of or rights with respect to said monetary instrument or property; (d) attempts or conspires to commit money laundering offenses referred to in pars. (a), (b) or (c); (e) aids, abets, assists in or counsels the commission of the money laundering offenses referred to in pars. (a), (b) or (c) above; and (f) performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in pars. (a), (b) or (c) above. Money laundering is also committed by any covered person who, knowing that a covered or suspicious transaction is required under RA 10365 Act to be reported to the Anti-Money Laundering Council [AMLC], fails to do so. [Sec. 4, RA 10365]. Money market. A market dealing in standardized short-term credit instruments (involving large amounts) where lenders and borrowers do not deal directly with each other but through a middle man or dealer in the open market. [Perez v. CA, 127 SCRA 636 (1984)]. Money shop. An extension service unit of a banking institution usu. operating in public markets with authority to accept money for deposit and extend shortterm loans for specific purposes. [Sec. 1, PD 426]. Money supply. All holdings of domestic currency and deposit money with the exception of such holdings by the Govt. and by banks having checking deposit liabilities in domestic currency. [Sec. 65, RA 265]. Monopolies and combinations in restraint of trade. Crim. Law. The felony committed by: (a) any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market; (b) any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize and merchandise or object in order to alter the price thereof by spreading false rumors or making use of any other article to restrain free competition in the market; (c) any person who, being a manu-
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facturer, producer, or processor of any merchandise or object of commerce or an importer of any merchandise or object of commerce from any foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewise engaged in the manufacture, production, processing, assembling or importation of such merchandise or object of commerce or with any other persons not so similarly engaged for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Phils., of any such merchandise or object of commerce manufactured, produced, processed, assembled in or imported into the Phils., or of any article in the manufacture of which such manufactured, produced, or imported merchandise or object of commerce is used. [Art. 186, RPC]. Monopoly. A privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive right or power to carry on a particular business or trade, manufacture a particular article, or control the sale or the whole supply of a particular commodity. It is a form of market structure in which one or only a few firms dominate the total sales of a product or service. [Tatad v. Sec. of Energy, GR 124360. Nov. 5, 1997, 6th Ed., p. 1007]. Compare with Combination in restraint of trade. Mons pubis. A rounded fleshy protuberance situated over the pubic bones that becomes covered with hair during puberty. Mons veneris. The female mons pubis. Montes veneris. Lat. Plural of Mons veneris. That part of the female genitalia where pubic hair grows after the age of 13. [Dela Cruz v. Concepcion, AM RTJ93-1062. Aug. 25, 1994]. Monthly Alphalist of Payees. A consolidated alphabetical list of income earners from whom taxes have been withheld by the payor of income for a given return period and in whose behalf, the taxes were remitted. It contains a summary of information on taxes withheld and remitted through the monthly remittance returns showing, among others, total amounts of income/gross sales/gross receipts and taxes withheld and remitted. Moonlighting. 1. 2nd job. [Molina v. Pacific Plans, Inc., GR 165476, Mar. 10, 2006]. 2. Work[ing] at another job, often at night, in addition to one's full-time job. Moot. 1. Also called a Moot point. A side issue, problem or question which does not have to be decided to resolve the main issues in a dispute. 2. A case or a point which is not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usu. refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision. Moot and academic case. Rem. Law. One that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value. [IBP v. Atienza, GR 175241, Feb. 24, 2010].
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Moot and academic. Rem. Law. When a determination is sought on a matter which, when rendered, cannot have any practical effect on the existing controversy, or where no practical relief can be granted. [Heirs of Roxas, Inc. v. IAC, GR 67195. May 29, 1989]. Moot case. Rem. Law A case [where] there is no more actual controversy bet. the parties or no useful purpose [that] can be served in passing upon the merits. [Villarico v. CA, 424 Phil. 26, 33-34 (2002)]. Moot court. Fictional or hypothetical trial, usu. hosted by law schools, as training for future barristers or litigators. Moot issue. An issue [that] ceases to present a justiciable controversy so that a declaration on the issue would be of no practical use or value. [King v. CA, GR 158195, Dec. 16, 2005]. Moot point. A debatable question, an issue open to argument; also, an irrelevant question, a matter of no importance. See Moot. Mora. Lat. Delay. Mora accipiendi. Lat. The delay on the part of the creditor to accept the performance of the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 6]. Mora solvendi. Lat. 1. Debtors default. [Selegna Mgmt. and Devt. Corp. v. United Coconut Planters Bank, GR 165662, May 3, 2006]. 2. The delay on the part of the debtor to fulfill his obligation (to give or to do). [Diaz, Bus. Law Rev., 1991 Ed., p. 6]. Mora solvendi ex persona. Lat. The delay in obligations to do or perform personal service. [Torres, Oblig. & Cont., 2000 Ed., p. 36]. Mora solvendi ex re. Lat. The delay in giving or delivering a thing. [Torres, Oblig. & Cont., 2000 Ed., p. 36]. Moral. Concerned with the principles of right and wrong behavior and the goodness or badness of human character. Moral certainty. That degree of proof which produces conviction in an unprejudiced mind. [People v. Garcia, GR 94187. Nov. 4, 1992]. Moral damages. Damages which include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. [Art. 2217, CC]. Moral irreproachability. Character of the highest order - excellent character. [In Re: Po Yo Bi v. Rep., GR 32398. Jan. 27, 1992]. Moral law. Set of rules which establishes what is right and what is wrong as dictated by the human conscience and as inspired by eternal law. [Suarez, Stat. Con., (1993), p. 37]. Moral turpitude. 1. Any act done contrary to justice, honesty, modesty or good morals. Some of the particular crimes which have been held to involve moral turpitude are adultery, concubinage, rape, arson, evasion of income tax, barratry, bigamy, blackmail, bribery, criminal conspiracy to smuggle opium, dueling, embezzlement, extortion, forgery,
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libel, making fraudulent proof of loss on insurance contract, murder, mutilation of public records, fabrication of evidence, offenses against pension laws, perjury, seduction under promise of marriage, estafa, falsification of public document, estafa thru falsification of public document. [Zari v. Flores, AM (2170-MC) P1356. Nov. 21, 1979]. 2. An act of baseness, vileness, depravity in the private and social duties which a man owes his fellow man, or to society in general, contrary to the accepted and customary rule of right and duty bet. man and man, or conduct contrary to justice, honesty, modesty and good morals. [Tak Ng v. Rep., 106 Phil. 727 (1959)]. Morals. It is good customs; those generally accepted principles of morality which have received some kind of social and practical confirmation. [Cui v. Arellano Univ., GR L-15127. May 30, 1961]. Moratorium. The temporary suspension of legal action against a person. Moratory interest. Interest arising from breach of contract or tort for the unlawful detention of money already due. More or less. About; substantially; or approximately; implying that both parties assume the risk of any ordinary discrepancy. The words are intended to cover slight or unimportant inaccuracies in quantity [Carter v. Finch, 186 Ark. 954, 57 S.W.2d 408] and are ordinarily to be interpreted as taking care of unsubstantial differences or differences of small importance compared to the whole number of items transferred. [Del Prado v. Sps. Caballero, GR 148225, Mar. 3, 2010, 6th Ed., 1990]. Moro. Native peoples who have historically inhabited Mindanao, Palawan, and Sulu, and who are largely of the Islamic faith. [Sec. 4, RA 9710]. Moron lamps. Self improvised lamps, where a bottle, such as that of a San Miguel beer bottle, is filled with kerosene with a cloth serving as a wick. [People v. Urquia, Jr., GR 94787. Nov. 19, 1991]. Mors omnia solvi. Lat. Ddeath dissolves all things. [People v. Satorre, GR L26282. Aug. 27, 1976]. Mortgage. 1. A real contract whereby one person (called the mortgagor) offers his real property as security for the principal obligation and with the understanding that when the obligation is paid or fulfilled, the mortgage or encumbrance on the said property shall be cancelled and released. [Suarez, Intro. to Law, 1995 3rd Ed., p. 122]. 2. An interest given on a piece of land, in writing, to guarantee the payment of a debt or the execution of some action. It automatically becomes void when the debt is paid or the action is executed. Compare with Pledge. Mortgage bonds. Corp. Law. Bonds secured by a mortgage on specific corporate property. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Mortgage Law of 1893. See Spanish Mortgage Law. Mortgagee in good faith doctrine. The rule that all persons dealing with property covered by a Torrens Certificate of Title, as buyers or mortgagees, are not required to go beyond what appears on the face of the title. The public interest in
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upholding the indefeasibility of a certificate of title, as evidence of the lawful ownership of the land or of any encumbrance thereon, protects a buyer or mortgagee who, in good faith, relied upon what appears on the face of the certificate of title. [Cavite Devt. Bank v. Sps. Lim, GR 131679, 1 Feb. 2000]. Mortgagee in possession. One who has lawfully acquired actual or constructive possession of the premises mortgaged to him, standing upon his rights as mortgagee and not claiming under another title, for the purpose of enforcing his security upon such property or making its income help to pay his debt. [Diaz v. De Mendezona, 48 Phil. 666, 669]. Mortgagee. The person lending the money and receiving the mortgage. Mortgagor. The person who concedes a mortgage as security upon his property. Mossy forest. A tropical rain forest of the high elevations dominated by Podocarpaceae, Myrtaceae and Fagaceae with trees of medium height and short boled, covered epiphytes. Most guilty. Crim. Law. The highest degree of culpability in terms of participation in the commission of the offense, and not necessarily the severity of the penalty imposed. [People v. Ocimar, GR 94555. Aug. 17, 1992]. Most significant relationship doctrine. Intl. Law. Doctrine that courts should apply the law of the state that has the closest and most real connection with the dispute. See also Center of gravity doctrine. Most-favored-nation clause or treatment. Intl. Law. 1. That granted by one country to another not less favorable than that which has been or may be granted to the most favored among the countries. [Sandoval, Pol. Law Reviewer 2003]. 2. It is intended to establish the principle of equality of international treatment by providing that the citizens or subjects of the contracting nations may enjoy the privileges accorded by either party to those of the most favored nation. [Comm. of Internal Revenue v. SC Johnson and Son, 309 SCRA 87, June 25, 1999]. Motel. A roadside hotel for motorists, usu. consisting of private cabins. [Sec. 63, PD 856]. Compare with Hotel. Mother language or First language. Language or languages first learned by a child, which he/she identifies with, is identified as a native language user of by others, which he/she knows best, or uses most. This includes Filipino sign language used by individuals with pertinent disabilities. [Sec. 4, RA 10533]. Mother's milk. The breastmilk from the newborn's own mother. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Motion. Rem. Law. 1. An application for relief other than by a pleading. It must be in writing except those made in open court or in the course of a hearing or trial. A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by the Rules of Court or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers. [Sec. 1-3, Rule 15, RoC]. 2. An application made to a court or judge which requests a ruling or order in favor of the applicant.
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Motion day. Rem. Law. Except for motions requiring immediate action, all motions shall be scheduled for hearing on Friday afternoons, or if Friday is a nonworking day, in the afternoon of the next working day. [Sec. 7, Rule 15, RoC]. Motion ex parte. Rem. Law. A motion made to the court in behalf of one or the other of the parties to the action, in the absence and usu. without the knowledge of the other party or parties. See Ex parte motion. Motion for new trial. Rem. Law. Requisites: (a) That the evidence was discovered after the trial; (b) that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence; and (c) that it is material, not merely corroborative or impeaching; and of such weight that it could probably change the judgment if admitted. [People v. de la Cruz, 207 SCRA 632, 641 (1992); People v. Ducay, 225 SCRA 1, 18 [1993]; People v. David, 230 SCRA 541, 547 (1994)]. Motion for reconsideration. Rem. Law. 1. [A motion] the purpose of [which] is to point out the findings and conclusions of the decision which, in the movants view, are not supported by law or the evidence. The movant is, therefore, very often convined to the amplification or further discussion of the same issues already passed upon by the court. [Siy v. CA, 138 SCRA 543]. 2. A motion which is in the category of a litigated motion which requires a notice of hearing and proof of service. A remedy which an aggrived party may resort in law to point out defects or errors in decision. Motion in limine. Rem. Law. A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case. Motion of course. Rem. Law. 1. A motion where the movant is entitled to relief or remedy sought as a matter of discretion on the part of the court. 2. A motion made ex parte without notice, and is not mentioned in court, the party being entitled as of right. Motion picture. A series of pictures projected in a screen in rapid succession, with objects shown in successive positions slightly changed so as to produce the optical effect of a continuous picture in which the objects move, whether the picture be black and white or colored, silent or with accompanying sound, on whatever medium and with whatever mechanism or equipment they are projected, and in whatever material they are preserved or recorded for instant projection, for the purpose of PD 1986, the material in which the motion picture is contained, preserved, or recorded, forms an integral part of the motion picture subject of PD 1986. [Sec. 10, PD 1986]. Motion to dismiss. Rem. Law. A motion which is generally interposed before trial to attack the action on the basis of insufficiency of the pleading, of process, venue, joinder, etc. Motion to dismiss. Rem. Law. Grounds. Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the following grounds: (a) That the court has no jurisdiction over the person of the defending party; (b) that the court has no jurisdiction over the subject matter of the claim; (c) that venue is improperly laid; (d) That
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the plaintiff has no legal capacity to sue; (e) that there is another action pending bet. the same parties for the same cause; (f) that the cause of action is barred by a prior judgment or by the statute of limitations; (g) that the pleading asserting the claim states no cause of action; (h) that the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished; (i) that the claim on which the action is founded is unenforceable under the provisions of the statute of frauds; and (j) that a condition precedent for filing the claim has not been complied with. [Sec. 1, Rule 16, RoC]. Motion to quash. Rem. Law. A motion in writing signed by the accused or his counsel specifying distinctly its factual and legal grounds and the court shall consider no grounds other than those stated in the motion, except lack of jurisdiction over the offense charged. [Sec. 2, Rule 117, RoC]. Motion to quash. Rem. Law. Grounds. The accused may move to quash the complaint or information on any of the following grounds: (a) that the facts charged do not constitute an offense; (b) that the court trying the case has no jurisdiction over the offense charged (c) that the court trying the case has no jurisdiction over the person of the accused; (d) that the officer who has filed the information had no authority to do so; (e) that it does not conform substantially to the prescribed form; (f) that more than one offense is charged except when a single punishment for various offenses is prescribed by law; (g) that the criminal action or liability has been extinguished; (h) that it contains averments which, if true, would constitute a legal excuse or justification; and (i) that the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent. [Sec. 3, Rule 117, RoC]. Motion to reopen. Rem. Law. A motion which may properly be presented only after either or both parties have formally offered, and closed their evidence, but before judgment. Unlike a motion for new trial, it is not specifically mentioned and prescribed as a remedy by the Rules of Court. [Alegre v. Reyes, GR L56923. May 9, 1988]. Motive. Crim. Law. 1. The special or personal reason which may prompt or induce a person to perform the act constituting a crime. [Bagajo v. Marave, GR L33345. Nov. 20, 1978]. 2. The moving power which impels one to act for a definite result, as distinguished from intent which is the purpose to use a particular means to effect such result. [Bagajo v. Marave, GR L-33345. Nov. 20, 1978]. Motor fuel. All volatile and inflammable liquids and gas produced, blended or compounded for the purpose of, or which are suitable or practicable for, operating motor vehicle. [Sec. 3, RA 9367]. Motor vehicle. 1. Any land transportation vehicle propelled by any power other than muscular power. [Sec. 3, RA 10586]. 2. Both private and public motor vehicle. The term shall not include the tricycle and motorcycle. [Sec. 3, RA 8750]. 3. Any vehicle propelled by any power other than muscular power using the public roads, but excluding road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders,
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fork-lifts, amphibian trucks, and cranes if not used on public roads, vehicles which run only on rails or tracks, and tractors, trailers, and traction engines of all kinds used exclusively for agricultural purposes. [Sec. 131, RA 7160]. 4. Any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating. [Sec. 2, RA 6539]. Motor vehicle of running engine. A vehicle operating and standing on any road or thoroughfare with engine running. [Sec. 3, RA 8750]. Motor vehicles designed to carry hazardous materials. Those designed to carry or transport materials which may endanger health and lives of the public. [Sec. 3, RA 10586]. Motorist. The driver of a motor vehicle. [Sec. 3, RA 8750]. MOU. Memorandum of Understanding. Movable. Property or possessions not incl. land or buildings. Movable property. Prop. 1. The following things are deemed to be personal property: (a) Those movables susceptible of appropriation which are not included in the Art. 415 of the Civ. Code; (b) real property which by any special provision of law is considered as personal property; (c) forces of nature which are brought under control by science; and (d) in general, all things which can be transported from place to place without impairment of the real property to which they are fixed. 2. The following are also considered as personal property: (a) Obligations and actions which have for their object movables or demandable sums; and (b) shares of stock of agricultural, commercial and industrial entities, although they may have real estate. [Arts. 416 & 417, CC]. Move. To make a formal motion in parliamentary procedure. Move in the premises resolution. It is not a license to occupy or enter the premises subject of litigation esp. in cases involving real property. The resolution simply means what is stated therein: the parties are obliged to inform the court of developments pertinent to the case which may be of help to the court in its immediate disposition. [Oliveras v. Lopez, GR L-29727. Dec. 14, 1988]. Moving boundaries rule. Intl. Law. Legal rule that the treaties of a state absorbing new territory become effective within that territory. MSMEs. See Micro, Small and Medium Enterprises. Mt. Pinatubo Assistance, Resettlement and Development Fund. RA 7637 entitled An Act appropriating the sum of 10 billion pesos for the aid, relief, resettlement, rehabilitation and livelihood services as well as infrastructure support
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for the victims of the eruption of Mt. Pinatubo, creating the Mt. Pinatubo Assistance, Resettlement and Development Commission, and for other purposes enacted on Sep. 24, 1992. MTBE. Methyl Tertiary Butyl Ether. [Sec. 3, RA 9367]. MTC. Municipal Trial Court. MTCC. Municipal Trial Court in Cities. Mug shots. [Out-of-court identification(s) conducted by the police] where photographs are shown to the witness to identify the suspect. [People v. Teehankee, GR 111206-08. Oct. 6, 1995]. Compare with Show-ups and Line-ups. Multifactor balancing test. [It] requires the [arresting] officer to weigh the manner and intensity of the interference on the right of the people, the gravity of the crime committed and the circumstances attending the incident. [Allado v. Diokno, GR 113630, May 5, 1994]. Multi-family dwelling. A dwelling on one lot containing separate living units for 3 or more families, usu. provided with common access, services, and use of land. [Sec. 3, BP 220]. Multilateral. Agreed upon or participated in by 3 or more parties, esp. the governments of different countries. Multilateral treaty. Treaty bet. more than 2 states. Multinational company. A foreign firm or entity engaged in international trade with affiliates or subsidiaries or branch offices in the Asia-Pacific Region and other foreign markets. [Sec. 25, NIRC, as amended]. Multinational enterprise. Business firm operating branches, subsidiaries, or joint ventures in 2 or more states. Multiple appeals. Rem. Law. 1. Appeals in special proceedings where a number of appeals may be taken separately by different parties for different purposes. [Bench Book for Trial Court Judges, p. 3-4]. 2. [More than one appeal in the same case which is] allowed in special proceedings, in actions for partition of property with accounting, in the special civil actions of eminent domain and foreclosure of mortgage. [Roman Catholic Archbishop of Manila v. CA, 327 Phil. 810, 819 (1996)]. Multiple nationality. Intl. Law. The possession by an individual of more than one nationality. It is acquired as a result of the concurrent application to him of the conflicting municipal laws of 2 or more states claiming him as their national. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 102-103]. Multiple-use. The harmonized utilization of the numerous beneficial uses of the land, soil, water, wildlife, recreation value, grass and timber of forest lands. [Sec. 3, PD 705]. Multipurpose cooperative. One which combines 2 or more of the business activities of these different types of cooperatives. [Art. 23, RA 6938]. Multi-recidivism. See Habitual delinquency. Multi-recidivist. See Habitual delinquent. Multisource pharmaceutical products. Pharmaceutically equivalent or pharmaceutically alternative products that may
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or may not be therapeutically equivalent. Multisource pharmaceutical products that are therapeutically equivalent are interchangeable. [Sec. 4, RA 9502]. Mumble. To utter words in a low, confused, indistinct manner. Municipal. Of or relating to a city or town or its governing body. Municipal Certificate of Canvass. Elec. Law. The document in electronic and in printed form, containing the total votes in figures obtained by each candidate in the municipality the electronic form of which is the official canvass result in the municipality electronically-transmitted to a higher canvass level. [Sec. 3, Rule 1, AM 10-4-1-SC, May 4, 2010]. Municipal certificate of canvass of votes. Elec. Law. A document containing the total votes in words and in figures obtained by each candidate in a municipality. [Sec. 2, RA 8046]. Municipal / City / District Registry of Overseas Voters (ROV). The consolidated list prepared, approved and maintained by the Comelec for every municipality / city / district of overseas voters whose applications for registration as such, incl. those registered voters under RA 8189, Voters Registration Act of 1996, who applied for certification as overseas voters, have been approved by the Election Registration Board and/or resident Election Registration Board. Municipal corporations. The legal term for the local governing bodies in towns and cities. Local government units. Municipal Court Information Officers (MCIOs). The Clerks of Court (COCs), Acting Clerks of Court, or Officers-InCharge of the 1st level courts designated as such under OCA Admin. Circ. 162007 dated Feb. 21, 2007 for the Access to Justice for the Poor Project. [RE: SC Access to Justice for the Poor Project, Art. 1, AM 05-2-01-SC, Mar. 13, 2007]. Municipal fisherfolk. Persons who are directly or indirectly engaged in municipal fishing and other related fishing activities. [Sec. 4, RA 8550]. Municipal fishing or small-scale fishing. 1. Fishing within municipal waters using fishing vessels of 3 gross tons or less, or fishing not requiring the use of fishing vessels. [Sec. 4, RA 8550]. 2. Small scale fishing utilizing fishing boats of 3 gross tons or less or using gears not requiring the use of boats. [Sec. 3, PD 704; Sec. 3, PD 43]. Municipal license. [It] is essentially a governmental restriction upon private rights and is valid only if based upon an exercise by the municipality of its police or taxing powers. [Newsounds Broadcasting Network, Inc. v. Dy, GR 170270/GR 179411, Apr. 2, 2009]. Municipal ordinance. A law passed by a municipal government through its Sangguniang Bayan. See Ordinance. Municipal Telephone Act of 1989. RA 6849 entitled An Act providing for the installation, operation, and maintenance of public telephones in each and every municipality in the Phils., appropriating funds therefor and for other purposes enacted on Feb. 8, 1990. Municipal Trial Courts {MTCs). The term, as used in the Rules of Court,
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shall include Metropolitan Trial Courts, MTCs in Cities, MTCs, and Municipal Circuit Trial Courts (MCTCs). [Sec. 2, Rule 5]. Municipal waters. These include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under RA 7586 [The NIPAS Law], public forest, timber lands, forest reserves or fishery reserves, but also marine waters included bet. 2 lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a 3rd line parallel with the general coastline incl. offshore islands and 15 kms. from such coastline. Where 2 municipalities are so situated on opposite shores that there is less than 30 kms. of marine waters bet. them, the 3rd line shall be equally distant from opposite shore of the respective municipalities. [Sec. 4, RA 8550; Sec. 3, PD 704]. Murder. Crim. Law. 1. The felony committed by any person who, not falling within the provisions of Art. 246, shall kill another, with any of the following attendant circumstances: (a) with treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity; (b) in consideration of a price, reward, or promise; (c) by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; (d) on occasion of any of the calamities enumerated in the preceding par., or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity; (e) With evident premeditation; (f) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. [Art. 248, RPC]. 2. The felony committed by a person who kills another in consideration of a price, reward, or promise. [People v. Alincastre, 40 SCRA 391, 408, Aug. 30, 1971]. Murder. Crim. Law. Elements: (a) That a person was killed; (b) that the accused killed him; (c) that the killing was attended by any of the qualifying circumstances mentioned in Art. 248 of the Rev. Penal Code; and (d) the killing is not parricide or infanticide. [People v. Cabiles, GR 115216. July 5, 1996]. Muro-ami or Drive-in-net. A Japanese fishing gear used in reef fishing which consists of a movable bagnet and 2 detachable wings effecting the capture of fish by spreading the net in an arc form around reefs or shoals and with the aid of scaring devices, a cordon of fishermen drive the fish from the reefs toward the bag portion of the whole net. [82 OG 48, 5052 Dec. 1, 1986; Fisheries AO 163, S. 1986]. Musical instrument. A contrivance by which musical sounds are produced. [Lazatin v. Comm. of Customs, GR L19753. July 30, 1969]. Muslim. A person who testifies to the oneness of God and the Prophethood of Muhammad and professes Islam. [Art. 7, PD 1083]. Muslim law (Shari'a). All the ordinances and regulations governing Muslims as
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found principally in the Qur'an and the Hadith. [Art. 7, PD 1083]. Muslim personal laws. All laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance, and property relations bet. spouses as provided for in the Code of Muslim Personal Laws of the Phils. [Art. 7, PD 1083]. Must. A word the use of which is imperative and operates to impose a duty which may be enforced. [Comm. of Customs v. Marina Sales, Inc., GR 183868, Nov. 22, 2010]. Mutatis mutandis. Lat. For the same reasons. [US v. Ponte, GR 5952. Oct. 24, 1911]. Mutilation. Crim. Law. 1. The felony committed by any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction. [Art. 262, RPC]. 2. Cutting off or permanently destroying a limb or an essential part thereof. [People v. Borce, GR 124131. Apr. 22, 1998]. 3. In its criminal law concept, one that would deprive a person of the use of any of those limbs which may be useful to him in fight, the loss of which amounts to mayhem. [People v. Borce, GR 124131. Apr. 22, 1998, 6th Ed., p. 1020]. Mutilation of coins; importation and utterance of mutilated coins. Crim. Law. The felony committed by any person who shall mutilate coins of the legal currency of the Phils. or import or utter mutilated current coins, or in connivance with mutilators or importers. [Art. 164, RPC]. Mutiny. Unlawful resistance to a superior officer, as the raising of commotions and disturbances on board a ship against the authority of its commander. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 372]. Compare with Piracy. Mutual. Experienced or done by each of 2 or more parties toward the other or others. Mutual assent. A meeting of the minds; agreement. Mutual benefit association. Ins. Any society, association or corporation, without capital stock, formed or organized not for profit but mainly for the purpose of paying sick benefits to members, or of furnishing financial support to members while out of employment, or of paying to relatives of deceased members of fixed or any sum of money, irrespective of whether such aim or purpose is carried out by means of fixed dues or assessments collected regularly from the members, or of providing, by the issuance of certificates of insurance, payment of its members of accident or life insurance benefits out of such fixed and regular dues or assessments, but in no case shall include any society, association, or corporation with such mutual benefit features and which shall be carried out purely from voluntary contributions collected not regularly and or no fixed amount from whomsoever may contribute. [Sec. 390, IC]. Mutual fund. An investment company that raises money by selling its own stock to the public and investing the proceeds in other securities, with the value of its stock fluctuating with its experience with the securities in its portfolio.
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Mutual restitution. [This] entails the return of the benefits that each party may have received as a result of the contract. [Raquel-Santos v. CA, GR 174986, July 7, 2009]. Mutual wills. Succ. Wills executed pursuant to an agreement bet. 2 or more persons to dispose of their property in a particular manner, each in consideration of the other. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 104]. Mutuality of contracts. 1. The principle ordained in Art. 1308 of the Civ. Code that the contract must bind both contracting parties and that its validity or compliance cannot be left to the will of one of them. 2. In order that obligations arising from contracts may have the force of law bet. the parties, there must be mutuality bet. the parties based on their essential equality. A contract containing a condition which makes its fulfillment dependent exclusively upon the uncontrolled will of one of the contracting parties, is void [Garcia v. Legarda, 21 SCRA 555]. Mutuality of remedy doctrine. A doctrine that states that a remedy should be available to both parties of a transaction in order for either to obtain it. The doctrine is based on the idea that one party should not obtain from equity that which the other party could not obtain. Mutuum. Also Simple loan. A contract of loan whereby one of the parties delivers to another money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid. [Art. 1933, CC]. Compare with Commodatum. Myocardial. Pertaining to muscular tissue of the heart. [Pa-ac v. Itogon-Suyoc Mines, GR L-35800. July 23, 1987]. Myocardial infarct. A region of dead or dying tissue in the muscle of the heart which is the result of an obstruction to the blood circulation, usu. by a clot. [Paac v. Itogon-Suyoc Mines, GR L-35800. July 23, 1987].
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-NNagpapabuwis. Tag. Lessor. Naked owner. Bare title holder. Naked ownership. Ownership of a property which does not bring any advantage to the owner because he/she has given his/her rights to others to benefit the product of all ownership. Naked property. A property in which the owner has title without the use. Naked title. Legal title only without other right of ownership. For example, a trustee under a deed of trust. Namamaga. Tag. Swollen. [People v. Ruello, GR 104737-38. Oct. 26, 1994]. Name. That word or combination of words by which a person is distinguished from others and which he bears as the label or appellation for the convenience of the world at large in addressing him, or in speaking of or dealing with him. [Yu v. Rep., GR L-20874. May 25, 1966]. Namimintol. Tag. Catching talangka (small crabs) [using bintols (bambooand-net devices)]. [People v. Rejano, GR 105669-70. Oct. 18, 1994]. Name hire. A worker who is able to secure employment overseas on his own without the assistance or participation of any agency or entity. [Sec. 1, Rule 1, IRR of LC]. Namumuwisan. Tag. Lessee. Napocor. See National Power Corporation.
Napolcom. See National Police Commission. Narcissism. Legal Med. Extreme admiration of ones self. Sexual gratification attained by merely looking at the mirror and appreciating ones own self. [Olarte, Legal Med., 1st Ed. (2004), p. 117]. Narcotic. A drug or other substance affecting mood or behavior and sold for nonmedical purposes, esp. an illegal one. Narcotic drug. 1. Any drug which produces insensibility, stupor, melancholy or dullness of mind with delusions and which may be habit-forming, and shall include opium, opium derivatives and synthetic opiates. [Sec. 2, RA 6425]. 2. A drug that produces a condition of insensibility and melancholy dullness of mind with delusions and may be habitforming. [Art. 190, RPC]. Narration of facts. A recital of things accomplished, of deeds, occurrence or happening. [People v. Tugbang, GR 76212. Apr. 26, 1991]. Nation. A group or race of people that share history, traditions and culture. States may be comprised of one or several nations. It is common English to use the word Nation when referring to what is known in law as States. National anthem. The musical arrangement and composition of Julian Felipe adopted as the national anthem of the Phils. It shall be sung or played upon the opening or start of all state celebrations or gatherings and on such other occasions as may be prescribed by appropriate rules and regulations. [Sec. 13, EO 292].
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National Apprenticeship Act. RA 1826, as amended. [Expressly repealed by the Labor Code]. National Archives. The National Archives of the Phils., which is established and strengthened under RA 9470. National Archives of the Philippines Act of 2007. RA 9470 entitled An Act to Strengthen the System of Management and Administration of Archival Records, Establishing for the Purpose the National Archives of the Phils., and for Other Purposes enacted on May 21, 2007. National Artist Award or Gawad Pambansang Alagad ng Sining. The award established under Proc. 1001 dated Apr. 27, 1972 to give appropriate recognition and prestige to Filipinos who have distinguished themselves and made outstanding contributions to Phil. arts and letters. National Artists. Filipinos who have distinguished themselves and made outstanding contributions to Phil. arts and letters and who were conferred the National Artist Award [Gawad Pambansang Alagad ng Sining] by the government. National athletes. Athletes who are Filipino citizens, members of the national training pool, recognized and accredited by the Phil. Olympic Committee (POC) and the Phil. Sports Commission (PSC) and who have represented the country in international competitions. [Sec. 3, RA 9064]. National Blood Services Act of 1994. RA 7719 entitled An Act promoting voluntary blood donation, providing for an adequate supply of safe blood, regulating blood banks, and providing penalties for violation thereof enacted on May 5, 1994. National Book Development Trust Fund Act. RA 9521 entitled An Act Creating a National Book Development Trust Fund to Support Filipino Authorship enacted on Mar. 05, 2009. National Building Code of the Philippines. PD 1096 entitled Adopting a National Building Code of the Phils. thereby revising RA 6541 enacted on Feb. 19, 1977. National Bureau of Investigation (NBI). An agency uner the DOJ responsible for handling and solving major high-profile cases that are in the interest of the nation. National Capital Region (NCR). The region that covers the cities of Kalookan, Manila, Pasay, Quezon, Las Pias, Makati, Malabon, Mandaluyong, Marikina, Muntinlupa, Navotas, Paraaque, Pasig and Valenzuela, and the municipalities of Navotas, Pateros, San Juan and Taguig. National coaches and trainers. Coaches and trainers who are Filipino citizens, members of the national coaches and trainers pool, recognized and accredited by the PSC and who have represented the country as official coaches and trainers to national athletes in international competitions. [Sec. 3, RA 9064]. National Commission on Indigenous Peoples (NCIP). The primary govt. agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect and promote the rights of Indigenous Cultur-
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al Communities or Indigenous Peoples (ICCs or IPs). [Sec. 4, RA 8371]. National Committee on Legal Aid (NCLA). The committee of the IBP which is specifically tasked with handling legal aid cases. [Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers, Sec. 4, BM 2012, Feb. 10, 2009]. National Conciliation and Mediation Board (NCMB). An agency of the DOLE created under EO 126 to formulate policies, develop plans and programs and set standards and procedures relative to the promotion of conciliation and mediation of labor disputes through the preventive mediation, conciliation and voluntary arbitration; facilitation of labormanagement cooperation through joint mechanisms for information sharing, effective communication and consultation and group-problem solving. National cultural treasure. A unique object found locally, possessing outstanding historical, cultural, artistic and/or scientific value which is highly significant and important to this country and nation. [Sec. 3, RA 4846]. National Disaster Risk Reduction and Management Framework (NDRRMF). [It] provides for comprehensive, all hazards, multi-sectoral, inter-agency and community-based approach to disaster risk reduction and management. [Sec. 3, RA 10121]. National Disaster Risk Reduction and Management Plan (NDRRMP). The document to be formulated and implemented by the Office of Civil Defense (OCD) that sets out goals and specific objectives for reducing disaster risks together with related actions to accomplish these objectives. The NDRRMP shall provide for the identification of hazards, vulnerabilities and risks to 'be managed at the national level; disaster risk reduction and management approaches and strategies to be applied m managing said hazards and risks; agency roles, responsibilities and lines of authority at all government levels; and vertical and horizontal coordination of disaster risk reduction and management in the pre-disaster and post-disaster phases. It shall be in conformity with the NDRRMF. [Sec. 3, RA 10121]. National drug formulary. An integral component of the Philippine Medicines Policy which aims to make quality essential drugs available, accessible, efficacious, safe and affordable. See Essential drugs list. National Economic and Development Authority (NEDA). An independent cabinet-level agency of the Phil. govt. responsible for economic development and planning. It is headed by the Pres. of the Phils. as chairman of the NEDA board, with the Sec. of Socio-Economic Planning, concurrently NEDA Dir.-Gen., as vice-chairman. It was established in 1973. National Electrification Administration (NEA). The govt. agency created under PD 269, as amended, and whose additional mandate is further set forth in RA 9136. [Sec. 4, RA 9136]. National Electrification Administration Decree. PD 269 entitled creating the National Electrification Administration as a corporation, prescribing its powers and activities, appropriating the necessary funds therefor and declaring a na-
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tional policy objective for the total electrification of the Phils. on an area coverage service basis, the organization, promotion and development of electric cooperatives to attain the said objective, prescribing terms and conditions for their operations, the repeal of RA 6038, and for other purposes signed into law on Aug. 6, 1973. National Employment Service Law. RA 761. [Expressly repealed by the Labor Code]. National Environmental Awareness and Education Act of 2008. RA 9512 entitled An Act to Promote Environmental Awareness Through Environmental Education and for Other Purposes enacted on Dec. 12, 2008. National flag. The flag of the Phils. which shall be red, white and blue, with a sun and 3 stars, as consecrated and honored by the people and recognized by law. [Sec. 12, EO 292]. National Food Authority (NFA). an agency under the DA responsible for ensuring the food security of the Phils. and the stability of supply and price of the staple grain-rice. It was created through PD 4 dated Sept. 26, 1972, under the name National Grains Authority, (NGA) with the mission of promoting the integrated growth and development of the grains industry covering rice, corn, feed grains and other grains like sorghum, mongo, and peanut. National government. The entire machinery of the central govt., as distinguished from the different forms of local govts. [Sec. 2, RA 7656]. National Government Center (NGC) Housing and Land Utilization Act of 2003. RA 920t entitled An Act declaring certain portions of the national government center site open for disposition to bona fide residents and local govt. or community facilities, charitable, educational and religious institutions actually occupying the same for socioeconomics, civic and religious purposes, amending for this purpose Proc. 1826, s. 1979 and for other purposes enacted on May 17, 2003. National government projects. All current and future natl. govt. infrastructure, engineering works and service contracts, incl. projects undertaken by GOCCs, all projects covered by RA 6957, as amended by RA 7718, otherwise known as the Build - Operate - and - Transfer Law, and other related and necessary activities such as site acquisition, supply and/or installation of equipment and materials, implementation, construction, completion, operation, maintenance, improvement, repair and rehabilitation, regardless of the source of funding. [Sec. 2, RA 8975]. National government share. The amount due the natl. govt. from the exploitation, development and utilization of naturallyoccurring renewable energy resources. [Sec. 4, RA 9513]. National Health Insurance Act of 2013. RA 10606 entitled An Act Amending Republic Act 7875, otherwise known as the National Health Insurance Act of 1995, as Amended, and for Other Purposes enacted on June 11, 2013. National health insurance program. The compulsory health insurance program of the govt. as established in RA 7875, as
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amended, which shall provide universal health insurance coverage and ensure affordable, acceptable, available and accessible health care services for all citizens of the Phils. [Sec. 1, RA 9241]. National Home Mortgage Finance Corporation (NHMFC). The major govt. home mortgage institution the initial main function of which is to operate a viable secondary home mortgage market, utilizing long-term funds principally provided by the SSS, the GSIS, and the Pag-IBIG Fund (HDMF) to purchase mortgages originated by both public and private institutions that are within govt. approved guidelines. It is also mandated to develop a system that will attract private institutional funds into long-term housing mortgages. National Housing Authority (NHA). The sole national agency mandated to engage in housing production for low income families. It traces its roots to the Peoples Homesite Corporation (PHC), the 1st govt. housing agency established on 14 Oct. 1938 and to the National Housing Commission (NHC) which was created 7 years later, on 17 Sept. 1945. The PHC and the NHC were eventually merged on 4 Oct. 1947 into the Peoples Homesite and Housing Corporation (PHHC). National information network (NIN). An information network which links all offices and levels of the DA with various research institutions and local end-users, providing easy access to information and marketing services related to agriculture and fisheries. [Sec. 4, RA 8435]. National integrated protected areas systems (NIPAS). The classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible. [Sec. 4, RA 7586]. National Internal Revenue Code (NIRC). PD 1158 entitled A Decree to consolidate and codify all the internal revenue laws of the Phils. signed into law on June 3, 1977. See Tax Reform Act of 1997. National Irrigation Administration (NIA). A GOCC primarily responsible for irrigation development in the Phils. It was created under RA 3601 on 22 June 1963. Its charter was later amended by PD 552 on 11 Sept. 1974 and PD 1702 on 17 July 1980, both increasing its capitalization and broadening its authority. Its forerunner was the Irrigation Division of the defunct Bu. of Public Works. PD 1, dated 23 Sept. 1972, integrated all irrigation activities under NIA. National irrigation system (NIS). A major irrigation system managed by the National Irrigation Administration. [Sec. 4, RA 8435]. National Labor Relations Commission (NLRC). A quasi-judicial body organized to expeditiously resolve labor disputes through the process of mediation, conciliation and compulsory arbitration. It is attached to the DOLE for program and policy coordination. National Meat Inspection Service (NMIS). The sole national controlling authority on all matters pertaining to meat and meat product inspection and meat hygiene. It shall be a specialized regula-
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tory service attached to the DA. [Sec. 5, RA 9296]. National park. 1. A forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas. [Sec. 4, RA 7586]. 2. A forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations. [Sec. 3, PD 705]. National Parks Development Committee. A government agency that is tasked to oversee national parks in the Phils. It was established primarily for the purpose of developing and maintaining national parks specifically the Rizal Park or Luneta, Paco Park, the Pook ni Maria Makiling and Burnham Park. National party. A party the constituency of which is spread over the geographical territory of at least a majority of the regions. [Sec. 3, RA 7941]. National patrimony. The term refers not only to the natural resources of the Phils., as the Consti. could have very well used the term natural resources, but also to the cultural heritage of the Filipinos. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. See Patrimony. National Police Commission (Napolcom). The agency mandated by the 1987 Consti. and the Major Police Reform Laws, RAs 6975 and 8551 to administer and control the Phil. National Police (PNP). Under RA 8551, otherwise known as the "PNP Reform and Organization Act of 1988," the Commission gained the powers to investigate police anomalies and irregularities, administer police entrance and promotional examination and summarily dismiss erring police officers. National Power Corporation (NPC). The govt. corp. created under RA 6395, as amended by RA 9136. Also known as Napocor. National Privacy Commission. An independent body created to administer and implement the provisions of RA 10173, and to monitor and ensure compliance of the country with international standards set for data protection. National Registry of Overseas Voters (NROV). The consolidated list prepared, approved and maintained by the Comelec of overseas voters whose applications for registration as overseas voters, incl. those registered voters under RA 8189 who have applied to be certified as overseas voters, have been approved by the resident Election Registration Board, indicating the post where the overseas voter is registered. [Sec. 2, RA 10590]. National reserve areas. Areas which have been included in any Exploration or Exploitation concession but which have been subsequently given up by the
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concessionaire voluntarily or in accordance with the requirement of Arts. 50 and 53 of RA 387; or areas covered by Exploration or Exploitation concession which have expired or have been cancelled; or areas which have been included within any of the 2 kinds of concession but which are found to be in excess the maximum areas allowed by RA 387 for such concessions. [Art. 15, RA 387]. National security. Crimes against national security as provided under the Penal Code, Book II, Title 1, and other cases involving acts of terrorism as defined under the Human Security Act under RA 9372. [Sec. 4, RA 10071]. National service training program (NSTP). A program aimed at enhancing civic consciousness and defense preparedness in the youth by developing the ethics of service and patriotism while undergoing training in any of its 3 program components. Its various components are specially designed to enhance the youth's active contribution to the general welfare. [Sec. 3, RA 9163]. National standard of care. Intl. Law. Doctrine that a state must treat aliens in the same way that it treats its own nationals. National territory. It comprises the Phil. archipelago, with all the islands and waters embraced therein, and all other territories over which the Phils. has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, incl. its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, bet., and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Phils. [Art. I, 1987 Phil. Consti.]. National Transmission Corporation (TRANSCO). The corporation created pursuant to RA 9136 responsible for the planning, construction, and centralized operation and maintenance of high voltage transmission facilities, incl. grid interconnection and ancillary services. [Sec. 4, RA 9513]. National treatment. A tenet of international trade agreements whereby nations must afford imported goods the same treatment that they afford domestic or "national" products (no discrimination). National Unified Health Research Agenda. A set of research priorities determined by the countrys stakeholders which addresses the health needs of the population vis-a-vis the health sectors goal for universal health care. This agenda is a platform to advocate for local, national and international support. [Sec. 3, RA 10532]. National union or federation. Any labor organization with at least 10 locals or chapters each of which must be a duly recognized collective bargaining agent. [Sec. 1, Rule 1, Book 5, IRR of LC]. Nationality. 1. The status of belonging to a particular nation. 2. Distinctive national or ethnic character. 3. Membership in a political community with all its concomitant rights and obligations. It is a tie that binds an individual to his state, from which he can claim protection and whose laws he is obliged to obey. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 102]. Compare with Citizenship.
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Nationality of the claim. Intl. Law. Suits brought in international tribunals on behalf of a private person may be made only by the person's national state. Nationality principle. Intl. Law. 1. Doctrine that a court has criminal jurisdiction if the defendant is a national of the forum state. 2. Doctrine that a state may tax the worldwide income of its nationals. See Domiciliary principle. Nationality rule. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Phils., even though living abroad. [Art. 15, CC]. Nationality rule. Exception: Where a marriage bet. a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Phil. law. [Art. 26, par. 2, FC, as amended by EO 227]. Nationality theory. The theory that jurisdiction over the status of a natural person is determined by the latter's nationality. [Ellis v. Rep., GR L-16922. Apr. 30, 1963]. See Domiciliary theory. Nationalization. The acquisition by a state of property previously held by private persons or companies usu. in exchange for some consideration. Nationalization law. Also Filipinization law. One which limits a certain economic activity, or the exercise or enjoyment of a certain right, franchise, privilege, property or business only to Filipino citizens, or to corporations or associations at least a certain percentage of the capital of which is owned by Filipino citizens. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 543]. Native. 1. N. A person born in a specified place or associated with a place by birth, whether subsequently resident there or not. 2. Adj. belonging to, or connected with a specific place or country by virtue of birth or origin. Native language. The language that a person has spoken from earliest childhood. See Regional language. Native title. Pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by Indigenous Cultural Communities or Indigenous Peoples (ICCs or IPs), have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest. [Sec. 4, RA 8371]. Native-born citizen. One who was born in a country in which he is a citizen. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 252]. Natural appropriation. The occurrence whereby private lands have been invaded by the waters or waves of the sea and converted into portions of the shore or beach. Natural bed. Also Channel (of a creek or river). The ground covered by its waters during the highest (ordinary) floods. The original Spanish text reads: "Alveo a cauce natural de un arroyo y rio es el terreno que cubren sus aguas en las mayores crecidas ordinarias." [Hilario v.
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City of Manila, GR L-19570. Apr. 27, 1967]. Natural bed or basin of lakes. The ground covered by their waters when at their highest ordinary depth. [Rep. v. Alagad, GR 66807. Jan. 26, 1989] Natural biotic area. An area set aside to allow the way of life of societies living in harmony with the environment to adopt to modern technology at their pace. [Sec. 4, RA 7586]. Natural born citizens. Those who are citizens of the Phils. from birth without having to perform any act to acquire or perfect their Phil. citizenship. [Sec. 2, Art. IV, 1987 Phil. Consti.]. Also Natural-born citizen. Natural children. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other. Compare with Spurious children. Natural children by legal fiction. Children conceived or born of marriages which are void from the beginning. [Art. 89, CC]. Natural family planning. A variety of methods used to plan or prevent pregnancy based on identifying the womans fertile days. [Sec. 4, RA 10354]. Natural fruits. The spontaneous products of the soil, and the young and other products of animals. [Art. 442, CC]. Natural gas. Gas obtained from boreholes and wells and consisting primarily of hydrocarbons. [Sec. 3, PD 87]. Natural history specimens. Live or preserved specimens of plants and animals, fossils, rocks and minerals. Only types, presently irreplaceable specimens, and those in danger of extinction shall be embraced in RA 4846. [Sec. 3, RA 4846]. Natural justice. A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply. The principles of natural justice were derived from the Romans who believed that some legal principles were natural or self-evident and did not require a statutory basis. Natural law. The law which derives its force and authority from God. It is superior to other laws. It is binding to the whole world, in all countries and at all times. [Suarez, Stat. Con., (1993), p. 37]. Natural monument. A relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics. [Sec. 4, RA 7586]. Natural obligations. Obligations which, not being based on positive law but on equity and natural law, do not grant a right of action to enforce their performance, but after voluntary fulfillment by the obligor, they authorize the retention of what has been delivered or rendered by reason thereof. [Art. 1423, CC]. Compare with Civil obligations. Natural oleochemical. Chemicals derived from processing plant-based natural oils such as but not limited to coconut, palm,
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palm kernel, sunflower, and rapeseed. [Sec. 2, RA 8970]. Natural park. A relatively large area not materially altered by human activity where extractive resources uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use. [Sec. 4, RA 7586]. Natural person. A human being. Natural product. Those foods that grow spontaneously in nature whether or not they are tended by man. It also refers to foods that have been prepared from grains, vegetables, fruits, nuts, meats, fish, eggs, honey, raw milk, and the like, without the use or addition of additives, preservatives, artificial colors and flavors, or manufactured chemicals of any sort after harvest or slaughter. [Sec. 4, RA 8423]. Natural resources. Life-support systems such as the sea, coral reefs, soil, lakes, rivers, streams, and forests as well as useful products found therein such as minerals, wildlife, trees and other plants, incl. the aesthetic attributes of scenic sites that are not man-made. [Sec. 3, RA 7611]. Natural support. Support which extends only to what are absolutely necessary for subsistence. Natural-born citizens. Those who are citizens of the Phils. from birth without having to perform any act to acquire or perfect their Phil. citizenship. [Sec. 2, Art. IV, 1987 Phil. Consti.]. Naturalism. Theory that international law is superior to the law of individual states and normative. Naturalization. 1. A mode for both acquisition and reacquisition of Phil. citizenship. As a mode of initially acquiring Phil. citizenship, naturalization is governed by CA 473, as amended. On the other hand, naturalization as a mode for reacquiring Phil. citizenship is governed by CA 63. [Bengson III v. HRET. GR 142840, May 7, 2001]. 2. Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship. Naturalized. Admitted to the citizenship of a country. Naturalized citizen. One who acquires his Phil. citizenship after birth by any one of the modes allowed by law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 376]. Naturalized citizens. Those who have become Filipino citizens through naturalization, generally under CA 473, otherwise known as the Rev. Naturalization Law, which repealed the former Naturalization Law (Act 2927), and by RA 530. [R. P. Ledesma, An Outline of Phil. Immigration and Citizenship Laws, 1999 ed., p. 355]. Nature. Envi. Law. The created world in its entirety. [Oposa v. Factoran, GR 101083, 31 July 1991]. Nature of business interest and/or financial connection. An existing interest or connection in any business enterprise, whether as proprietor, investor, promoter, partner, shareholder, officer, managing director, executive, creditor, lawyer, legal consultant or adviser, fi-
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nancial or business consultant, and the like. [CSCs Guidelines on the use of the rev. SALN form]. Nature of liability. The type of loan obtained, such as personal, multipurpose, salary and calamity. [CSCs Guidelines on the use of the rev. SALN form]. Nature of the controversy test. Corp. Law. 1. The test under which the incidents of the [intra-corporate] relationship must also be considered for the purpose of ascertaining whether the controversy itself is intra-corporate. [PSBA v. Leao, GR L-58468, Feb. 24, 1984]. 2. The controversy must not only be rooted in the existence of an intra-corporate relationship, but must as well pertain to the enforcement of the parties' correlative rights and obligations under the Corp. Code and the internal and intracorporate regulatory rules of the corporation. If the relationship and its incidents are merely incidental to the controversy or if there will still be conflict even if the relationship does not exist, then no intra-corporate controversy exists. [Reyes v. RTC Makati, Br. 142, GR 165744, Aug. 11, 2008]. Compare with Relationship test. Nautical. Of or concerning sailors or navigation; maritime. Nautical mile. A unit of linear measure equal to 6,080 feet [1,853.2 meters]. NAV. See Net asset value. Naval. Of, in, or relating to a navy or navies. Naval architecture and marine engineering, Practice of. The practice shall embrace services in the form of plans, specifications, estimates, or supervision of the construction, alteration; or structural survey of any floating vessel or equipment, self-propelled or otherwise; plans or layouts, specifications, estimates or supervision of the installation of marine power plants and associated equipments incl. screw propeller, paddle wheel and Voith-Schneider propeller, or any other means of transmitting power from the main propulsion engine (s) to the buoyant fluid; marine auxiliaries, incl. refrigeration, air conditioning, ventilation, and heating plants and equipments and hull machineries; management, maintenance or operation of any shipyard, graving dock, marine slipways, and any facility for the salvage, repair or maintenance of floating vessels or equipments. [Sec. 2, RA 4565]. Navigable. 1. Able to be sailed on by ships or boats. 2. Suitable for transportation; passable. Navigable air space. 1. The airspace above the minimum altitudes of flight prescribed by regulations under RA 9497 and includes airspace needed to insure safety in the take-off and landing of aircraft. [Sec. 3, RA 9497]. 2. Air space above the minimum altitudes of flight prescribed by regulations issued under RA 776. [Sec. 3, RA 776]. Navigable river. A river that is floatable, that is, a river admitting floats. And, thus a floatable stream is considered a navigable stream. [Macatangay v. Sec. of Public Works and Comm., GR L-21673. May 16, 1966]. It has been ruled that a river with a depth of 1 foot at low tide is evidently navigable at high tide for vessels of deeper draft of 1 foot and at low tide for navigable to those of 1 foot drafts, thereby applying floatability as the norm of navigability under RA 2056
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[Villongco v. Moreno, L-17240, Jan. 31, 1962]. Navigable waters. 1. The waters of the Phils., incl. the territorial sea and inland waters which are presently, or be in the future susceptible for use by watercraft. [Sec. 3, PD 979]. 2. All navigable portions of the seas, estuaries, and inland waterways. [Sec. 3, PD 857]. Navigation of aircraft. 1. Navigation of aircraft. A function that includes the piloting of aircraft. [Sec. 3, RA 9497]. 2. Piloting of aircraft. [Sec. 3, RA 776]. Also navigating aircraft. NBB. National Biofuel Board created under Sec. 8 of RA 9367. NBI. See National Bureau of Investigation. NCIP. See National Commission for Indigenous Peoples. NCLA. See National Committee on Legal Aid. NCMB. See National Conciliation and Mediation Board. NDRRMF. See National Disaster Risk Reduction and Management Framework. NDRRMP. See National Disaster Risk Reduction and Management Plan. NEA. See National Electrification Administration. Near contact fire. The phrase implies a distance of not more than 3 inches bet. the wound and the muzzle of the firearm. [Austria v. People, GR 83530. Dec. 18, 1990]. Compare with Contact fire. Nearest of kin. 1. The closest relative of a deceased person. 2. The relative or relatives entitled to share in the personal property of one who dies intestate. 3. The person whose interest in the estate is more preponderant. Also Next of kin. Nearest surviving relative. The legal spouse who survives the deceased senior citizen: Provided, That where no spouse survives the decedent, this shall be limited to relatives in the following order of degree of kinship: children, parents, siblings, grandparents, grandchildren, uncles and aunts. [Sec. 3. RA 9994]. Necessaries. Those indispensable for sustenance, dwelling, clothing and medical attendance. It also includes education. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. Necessary. 1. Reasonably convenient. [Alabama & Ry. Co. v. Odeneal, 73 Miss. 34, 19 South, 202]. 2. This word has great flexibility of meaning. It is used to express mere convenience, or that which is indispensable to the accomplishment of a purpose. [St. Louis, J & CR. Co. v. Trustee, 42 III. 307]. 3. It frequently imports no more than that one thing is convenient, or useful or essential to another, [McCulloch v. Maryland, 4 Wheat (US) 414, 4 L. Ed. 579]. Necessary deposit. Civ. Law. A deposit (a) made in compliance with a legal obligation; or (b) which takes place on the occasion of any calamity, such as fire, storm, flood, pillage, shipwreck, or other similar events. [Art. 1996, CC]. Compare with Voluntary deposit. Necessary expenses. 1. Civ. Law. Those made for the preservation of the proper-
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ty or thing upon which they have been expended. [Santos v. De Guzman, GR L-11406. Apr. 26, 1961]. Compare with Useful expenses. 2. Taxation. The expenditures appropriate and helpful in the development of the taxpayers business. [Atlas Consolidated Mining & Devt. Corp. v. Comm. of Int. Rev., GR L26911. Jan. 27, 1981]. Compare with Ordinary expenses. Necessary implication doctrine. Stat. Con. A rule of statutory construction which provides that every statute is understood, by implication, to contain all such provisions as may be necessary to effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction which it grants, incl. all such collateral and subsidiary consequences as may be fairly and logically inferred from its terms. [Chua v. CSC, GR 88979, Feb. 7, 1992]. Necessary means. Crim. Law. The phrase merely signifies that one crime is committed to facilitate and insure the commission of the other. [People v. Salvilla, GR 86163, 26 Apr. 1989]. Necessary parties. Those whose presence is necessary to adjudicate the whole controversy, but whose interests are so far separable that a final decree can be made in their absence without affecting them. [Seno v. Mangubat, GR L-44339. Dec. 2, 1987]. Necessary party. A party who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action. [Sec. 8, Rule 3, RoC]. Compare with Indispensable party. Necessity theory. The theory that the power to tax is an attribute of sovereignty. It is a power emanating from necessity. It is a necessary burden to preserve the State's sovereignty and a means to give the citizenry an army to resist an aggression, a navy to defend its shores from invasion, a corps of civil servants to serve, public improvements designed for the enjoyment of the citizenry and those which come within the State's territory, and facilities and protection which a govt. is supposed to provide. [Phil. Guaranty Co. v. Comm. of Int. Rev., GR L-22074. Apr. 30, 1965]. Necrophilia. Legal Med. A sexual perversion characterized by erotic desire or coitus with a cadaver. [Olarte, Legal Med., 1st Ed. (2004), p. 114]. NEDA. See National Economic and Development Authority. Negative credit information. Information or data concerning the poor credit performance of borrowers such as, but not limited to, defaults on loans, adverse court judgments relating to debts and reports on bankruptcy, insolvency, petitions or orders on suspension of payments and corporate rehabilitation. [Sec. 3, RA 9510]. Negative defense. The specific denial of the material fact or facts alleged in the complaint, essential to the plaintiff's cause or causes of action. [Sec. 5, Rule 6, RoC]. Compare with Affirmative defense. Negative easement. An easement which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not
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exist. [Art. 616, CC]. Compare with Positive easement. Negative evidence. Evidence where the witness states that he did not see or know the occurrence of a fact. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 4]. Compare with Positive evidence. Negative freedom of association. Labor. The right not to join a labor union. [Poquiz, Labor Rel. Law, 1999 Ed. p. 101]. Negative pregnant. Civ. Pro. A denial pregnant with the admission of the substantial facts in the pleading responded to which are not squarely denied. It is in effect an admission of the averment it is directed to. [Galofa v. Nee Bon Sing, 22 SCRA 48 (1968); Tamayo v. Callejo, 46 SCRA 27 (1972)]. Negative testimony. It is when the witness says that he did not see or know of the factual occurrence. [Tanala v. NLRC, GR 116588. Jan. 24, 1996]. Compare with Positive testimony. Neglect. 1. The failure to do what can be done and what is required to be done. [Coronado v. Sandiganbayan, GR 94955. Aug. 18, 1993]. 2. Careless or unintentional failure to exercise diligence in the performance of official duty and incl. willful neglect or misfeasance involving failure in the performance of legal duties. [Manual on Definitions of Admin. Offenses in the Civil Service, Oct. 2004, p. 5]. Neglect of duty. Also Non-feasance. 1. The omission or refusal, without sufficient excuse, to perform an act or duty, which was the officer's legal obligation to perform. [Sec. 8, PD 971]. 2. Failure to give due attention, esp. to the performance of a task or duty, a designed refusal, indifference or unwillingness to perform ones duty. [Magallanes v. Prov. Board, 66 OG 7839]. Neglected child. 1. A child whose basic needs have been deliberately unattended or inadequately attended within a period of 3 continuous months. Neglect may occur in 2 ways. See Physical neglect and Emotional neglect. [Sec. 2, RA 9523].2. A child whose basic needs have been deliberately unattended or inadequately attended. [Art. 141, PD 603]. Compare with Abandoned child and Dependent child. Negligence. 1. The omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. [Art. 1173, CC]. 2. The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do. [Layugan v. IAC, GR 73998. Nov. 14, 1988]. 3. The failure to observe for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury. [Cooley on Torts, 4th Ed., vol. 3, 265]. Negligence per se. Conduct defined by statute as automatically constituting negligence. Negligence test. The test for determining whether a person is negligent in doing an act whereby injury or damage results to the person or property of another is
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this: Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as a reasonable consequence of the course about to be pursued. If so, the law imposes a duty on the actor to refrain from that course or to take precaution against its mischievous results, and the failure to do so constitutes negligence. Reasonable foresight of harm, followed by the ignoring of the admonition born of this prevision, is the constitutive fact in negligence. [Picart v. Smith, GR L-12219. Mar. 15, 1918]. Negotiability. Nego. Inst.1. That attribute of property whereby a bill or note or check may pass from hand to hand similar to money, so as to give the holder in due course, the right to hold the instrument and to collect the sum payable for himself free from defenses. 2. Characteristic of a document such as a check, draft, bill of exchange that allows it to be legally, freely and unconditionally assignable, saleable, or transferable. It allows the passing of its ownership from one party [transferor] to another [transferee] by endorsement or delivery. Negotiability. Nego. Inst. Requisites: An instrument to be negotiable must conform to the following requirements: (a) It must be in writing and signed by the maker or drawer; (b) must contain an unconditional promise or order to pay a sum certain in money; (c) must be payable on demand, or at a fixed or determinable future time; (d) must be payable to order or to bearer; and (e) where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty. [Sec. 1, NIL]. Negotiability, Words of. Nego. Inst. The words which the instrument in must contain in order to be considered negotiable - i.e., must be payable to 'order' or 'bearer.' [Salas v. CA, GR 76788. Jan. 22, 1990]. Negotiable. 1. Open to discussion or modification. 2. The ability to be sold or transferred to another party as a form of payment. Negotiable document of title. A document of title in which it is stated that the goods referred to therein will be delivered to the bearer, or to the order of any person named in such document. [Art. 1507, CC]. Negotiable instrument. 1. A written contract for the payment of money which by its form and on its face is intended as a substitute for money and passes from hand to hand as money, so as to give the holder in due course the right to hold the instrument and collect the sum for himself. [Suggested answer to Bar 1946; 1949]. 2. A written document which, when properly executed and delivered, can be used as a means of exchange and credit in place of money. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. Negotiable instrument. Requisites: (a) It must be in writing and signed by the maker or drawer; (b) must contain an unconditional promise or order to pay a sum certain in money; (c) must be payable on demand, or at a fixed or determinable future time; (d) must be payable to order or to bearer; and (e) where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty. [Sec. 1, NIL].
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Negotiable Instruments Law (NIL). Act 2031 which took effect on June 2, 1911, and is patterned after the US Uniform Nego. Inst. Law, which in turn is copied from the English Bill of Exchange Act of 1882. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 63] Negotiable note. A chose in action, or evidence of the right of the real owner. Negotiable receipt. A receipt in which it is stated that the goods received will be delivered to the bearer or to the order of any person named in such receipt. [Sec. 5, Act 2137]. See Non-negotiable receipt. Negotiate. To communicate on a matter of disagreement bet. 2 parties, with a view to first listen to the other party's perspective and to then attempt to arrive at a resolution by consensus. Negotiated purchase. The procurement of supplies without public bidding undertaken for the purpose. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Negotiated sale. A sale without public bidding undertaken for the purpose. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Negotiating bank. A correspondent bank which buys or discounts a draft under the letter of credit. Its liability is dependent upon the stage of the negotiation. If before negotiation, it has no liability with respect to the seller but after negotiation, a contractual relationship will then prevail bet. the negotiating bank and the seller. [Feati Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991]. Negotiation. Civ. Law. The period from the time the prospective contracting parties indicate interest in the contract to the time the contract is concluded [perfected]. [Ang Yu v. CA, GR 109125. Dec. 2, 1994]. Compare with Perfection and Consummation. Negotiation. Nego. Inst. 1. The transfer of an instrument from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer, it is negotiated by delivery; if payable to order, it is negotiated by the indorsement of the holder completed by delivery. [Sec. 30, NIL]. 2. The process of submission and consideration of offers until an acceptable offer is made and accepted. Negotiations. Intl. Law. 1. The 1st steps taken in the settlement of international disputes. It is nothing more than the discussion by the parties themselves of their respective claims and counterclaims with a view to their just and orderly adjustment. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 120]. 2. The preliminary discussions leading up to the adoption of an agreement. Negotiorum gestio. Lat. Management of business. Civ. Law. 1. The voluntary administration of the abandoned business or property belonging to another without the consent of the latter. [Torres, Oblig. & Cont., 2000 Ed., p. 285]. 2. A form of spontaneous agency in which an agent, the gestor, acts on behalf and for the benefit of a principal, but without his or her consent. The gestor is only entitled to reimbursement for expenses and not to remuneration, the underlying principle being that negotiorum gestio is intended as an act of generosity and friendship and not to allow the gestor to profit from his agency.
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Negotiorum gestio. Civ. Law. Requisites: (a) It must refer to definite affairs; (b) the business or property must be abandoned or neglected; (c) there is no express or implied authority from the owner; (d) the negotiorum gestor or officious manager must have been moved by honest intention to protect the interest of the owner; (e) there is no prohibition from the owner; (f) the business or property is susceptible of compiled without mandatum (order). [Torres, Oblig. & Cont., 2000 Ed., p. 286]. Negotiorum gestor. Also Officious manager. The person who assumed the voluntary administration of the abandoned business or property belonging to another without the consent of the latter. [Torres, Oblig. & Cont., 2000 Ed., p. 285]. Nemo bis punitur pro eodem delicto. Lat. No man is punished twice for the same fault or offense. [Mallari v. People, GR L-58886. Dec. 13, 1988]. Nemo contra factum suum venire potest. Lat. No man can contradict his own act or deed. Nemo cum alterius detrimento locupletari potest. Lat. No one shall enrich himself at the expense of another. [Santos v. CA, GR 100963. Apr. 6, 1993]. Nemo dare potest quod non habet. Lat. One cannot give what he never had before. [Vda. De Reyes v. CA, GR 92436. July 26, 1991]. Nemo dat quod non habet. Lat. No one can give what he does not have. [Mercado v. CA, GR 108592. Jan. 26, 1995]. Nemo debet bis puniri pro uno delicto. Lat. No person can be twice put in this peril for the same offense. [People v. Vergara, GR 101557-58. Apr. 28, 1993]. Nemo debet bis vexari et eadem causa. Lat. No person should be vexed twice for the same cause. [Allied Banking Corp. v. CA, GR 108089. Jan. 10, 1994]. Nemo debet bis vexare pro una et eadem causa. Lat. No man shall be twice vexed for one and the same cause. [City of Bacolod v. San Miguel Brewery, Inc., GR L-25134. Oct. 30, 1969]. Nemo debet bis vexari pro uno cadeve causa. Lat. No man shall be twice vexed for one and the same cause. Nemo debet bis vexari, pro una et eadem causa. Lat. No man shall be twice vexed for one and the same cause. [Bachrach Motor Co., Inc. v. Icarangal, 68 Phil 287, 293 (1939)]. Nemo debet esse judex in propria causa. Lat. No one can be a judge in his own cause. [Filipino Metals Corp. v. Ople, GR L-43861. Sep. 4, 1981]. See Nemo judex in parte sua. Nemo ex alterius incommodo debet lecupletari. Lat. No man ought to be made rich out of another's injury. [Security Bank & Trust Co. v. CA, GR 117009. Oct. 11, 1995]. Nemo judex in parte sua. Lat. No person may judge their own case. A fundamental principle of natural justice which states that no person can judge a case in which he is party. May also be called Nemo judex in sua causa or nemo debet esse judex in propria causa.
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Nemo judex in sua causa. Lat. Nobody should judge his own cause. Nemo plus juris ad alium transferre potest quam ipse habet. Lat. No man can transfer to another a right or title greater than he himself possesses. Nemo potest esse simul actor et judex. Lat. No man can be at once a litigant and judge. [Corona v. CA, GR 97356. Sep. 30, 1992]. Nemo potest nisi quod de jure potest. Lat. No man can do anything except what he can do lawfully. [Traders Royal Bank v. CA, GR 93397. Mar. 3, 1997]. Nemo potest plus juris ad alium transferre quam ipse habet. Lat. No one can transfer a greater right to another than he himself has. [Sps. Rumarate v. Hernandez, GR 168222 Apr. 18, 2006]. Nemo tenetur ad impossibile. Lat. The law obliges no one to perform an impossibility. [Prov. of Cebu v. IAC, GR 72841. Jan. 29, 1987]. Nemo tenetur seipsum accusare. Lat. No one is bound to incriminate himself. [Villaflor v. Summers, 41 Phil. 68]. Neovascular glaucoma. It is classified as secondary glaucoma caused by another eye disease or injury. [Hatta Hataie v. ECC, GR 92803. Mar. 22, 1991]. Nephritis. An acute, diffuse inflammation of the glomeruli or kidneys. It usu. follows previous streptoccocal infection mostly in the upper respiratory tract. [Clemente v. GSIS, GR L-47521. July 31, 1987]. Nepos neptisve. Sp. Grandson or granddaughter. [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. Nepotism. Civ. Serv. The prohibition on all appointments in the national, provincial, city and municipal govts. or in any branch or instrumentality thereof, incl. GOCCs, made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him. The word Relative and members of the family referred to are those related within the 3rd degree either or consanguinity or of affinity. [Sec. 59, Book V, EO 292]. Net. Remaining after a deduction, such as tax or a discount, has been made. Net appraised value. See Sound value. Net asset value or NAV. 1. The total assets less total liabilities as determined by the lRR of the SEC. [Sec. 3, RA 9856]. 2. The amount of assets exceeding the liabilities as differentiated from total assets which include the liabilities. [Adamson v. CA, GR 106879. May 27, 1994]. Net assets. The property, plant and equipment as reflected in the audited financial statement of the contractor net of depreciation, as computed for tax purposes, excluding appraisal increase and construction in progress. [Sec. 3, RA 7942]. Net book value. This is computed by deducting accumulated depreciation on cost from historical cost. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992].
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Net capital gain. The excess of the gains from sales or exchanges of capital assets over the losses from such sales or exchanges. [Sec. 39, NIRC, as amended]. Net capital loss. The excess of the losses from sales or exchanges of capital assets over the gains from such sales or exchanges. [Sec. 39, NIRC, as amended]. Net earnings. Income derived from whatever source, whether exempt or subject to tax, net of deductions allowed under Sec. 29 of the NIRC, as amended, and income tax and other taxes paid thereon, but in no case shall any reserve for whatever purpose be allowed as a deduction from net earnings. [Sec. 2, RA 7656]. Net income. 1. Net income as determined under the Phil. Financial Reporting Standards (PFRS). 2. Gross business or professional income less allowable deductions, (a) incl. personal and additional exemptions, or (b) incl. only basic personal exemption (when allowed in the case of non-resident aliens engaged in trade or business or the exercise of a profession in the Phils.); or (c) without both personal and additional exemptions (as to such nonresident aliens. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 96]. Compare with Gross income. Net metering. A system, appropriate for distributed generation, in which a distribution grid user has a 2-way connection to the grid and is only charged for his net electricity consumption and is credited for any overall contribution to the electricity grid. [Sec. 4, RA 9513]. Net profits. The increase in value bet. the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution. [Art. 102(4), FC]. Net retail price. The price at which the distilled spirits is sold on retail in at least 5 major supermarkets in Metro Manila, excluding the amount intended to cover the applicable excise tax and the valueadded tax. For distilled spirits which are marketed outside Metro Manila, the net retail price shall mean the price at which the distilled spirits is sold in at least 5 major supermarkets in the region excluding the amount intended to cover the applicable excise tax and the valueadded tax. [Sec. 141, NIRC, as amended]. Net worth. 1. The sum of all assets [real, personal and other assets] less total liabilities. [CSCs Guidelines on the use of the rev. SALN form]. 2. The difference bet. total assets and total liabilities. [Sec. 4, PD 379]. Net Worth Method. A method used in determining the taxable income of a perso, based upon the general theory that money and other assets in cess of liabilities of a taxpayer (after an accurate and proper adjustment of non-deductible items) not accounted for by his income tax returns, leads to the inference that part of his income has not been reported. [Perez v. CTA, 103 Phil 1167]. Netiquette. The correct or acceptable way of communicating on the Internet. Netizen. A user of the Internet, esp. a habitual or avid one.
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Network. 1. A complex, interconnected group or system. 2. A system of computers interconnected by telephone wires or other means in order to share information. Network of Protected Areas for Agricultural and Agro-industrial Development (NPAAAD). Agricultural areas identified by the DA through the Bu. of Soils and Water Management in coordination with the National Mapping and Resource Information Authority in order to ensure the efficient utilization of land for agriculture and agro-industrial development and promote sustainable growth. The NPAAAD covers all irrigated areas, all irrigable lands already covered by irrigation projects with firm funding commitments; all alluvial plain land highly suitable for agriculture whether irrigated or not; agro-industrial croplands or lands presently planted to industrial crops that support the viability of existing agricultural infrastructure and agrobased enterprises, highlands, or areas located at an elevation of 500 meters or above and have the potential for growing semi-temperate and high-value crops; all agricultural lands that are ecologically fragile, the conversion of which will result in serious environmental degradation, and mangrove areas and fish sanctuaries. [Sec. 4, RA 8435]. Neutral. Not helping or supporting either of 2 opposing sides, esp. countries at war; impartial. Neutral reportage. A principle in prosecutions for libel where a republisher who accurately and disinterestedly reports certain defamatory statements against public figures is shielded from liability, regardless of the republishers subjective awareness of the truth or falsity of the accusation. The privilege of neutral reportage applies where the defamed person is a public figure who is involved in an existing controversy, and a party to that controversy makes the defamatory statement. [Filipinas Broadcasting Network, Inc. v. Ago Medical and Educational Center-Bicol Christian College of Medicine, 448 SCRA 413; Flor v. People, 454 SCRA 440]. Neutrality. Intl. Law. 1. The status of a State refraining from participation in war. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 620]. 2. An attitude of impartiality adopted by 3rd states towards belligerents and recognized by the belligerents, such attitude creating rights and duties bet. the impartial States and the belligerents. It is more that just an attitude of impartiality; it denotes a legal status of a special nature, involving correlative rights and duties as bet. the neutral States and the belligerents. Compare with Neutralization. Neutralization. Intl. Law. The result of a treaty wherein the duration and other conditions of such neutralization are agreed upon by the neutralized state and other states. Compare with Neutrality. New and material evidence. Requisites as a ground for new trial: (a) that the evidence was discovered after the trial; (b) that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence; and (c) that such evidence is material, not merely cumulative, corroborative or impeaching, and is of such weight that, if admitted, it will probably change the judgment [People v. de la Cruz, 207 SCRA 632 (1992)].
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New cause of action. One materially different from, or in addition to, that first advanced or such as permits a more onerous judgment against defendant that could before have been rendered against him. New drugs. 1. Any drug the composition of which is such that said drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety, efficacy and quality of drugs as safe, efficacious and of good quality for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (b) any drug the composition of which is such that said drug, as a result of its previous investigations to determine its safety, efficacy and good quality for use under certain conditions, has become so recognized but which has not, otherwise than in such investigations, been used to a material extent or for a material time under new conditions. [Art. 4, RA 7394]. New fees or charges. Those which are imposed by new schools or by existing schools which are not included in their public bulletin or catalogue. [Sec. 1, Rule II, PD 451]. New industry participants. New participants in a particular sub-sector of the downstream oil industry with investments and initial business operations commencing after Jan. 1, 1994. [Sec. 4, RA 8479]. New product. A consumer product which incorporates a design, material or form of energy exchange which has not previously been used substantially in consumer products and as to which there exists a lack of adequate information to determine the quality and safety of such product if used by the consumers. [Art. 4, RA 7394]. New trial. Civ. Pro. The rehearing of a case already decided by the court but before the judgment thereon becomes final and executory, whereby errors of law or irregularities are expunged from the record, or new evidence is introduced or both steps are taken. Also Trial de novo. New York Convention. The UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards approved in 1958 and ratified by the Phil. Senate under Senate Resolution 71. [Sec. 3, RA 9285]. Newborn. A child from the time of complete delivery to 30 days old. [Sec. 4, RA 9288]. Newborn screening. The process of collecting a few drops of blood from the newborn onto an appropriate collection card and performing biochemical testing for determining if the newborn has a heritable condition. [Sec. 4, RA 9288]. Newborn screening center. A facility equipped with a newborn screening laboratory that complies with the standards established by the National Institute of Health (NIH) and provides all required laboratory tests and recall or follow-up programs for newborns with heritable conditions. [Sec. 4, RA 9288]. Newborn screening reference center. The central facility at the National Institute of Health (NIH) that defines testing and follow-up protocols, maintains an external laboratory proficiency testing program, oversees the national testing database and case registries, assists in
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training activities in all aspects of the program, oversees content of educational materials and acts as the Secretariat of the Advisory Committee on Newborn Screening. [Sec. 4, RA 9288]. Newly-discovered evidence. 1. [Evidence] that could not, by the exercise of due diligence, have been discovered before the trial in the court below. [U.S. v. Palanca, 5 Phil 269 (1905)]. 2. Evidence which could not have been discovered prior to the trial in the court below by the exercise of due diligence and which is of such character as would probably change the result. [Navarra v. CA, GR 86237. Dec. 17, 1991]. Newly-discovered evidence. Requisites: (a) The evidence had been discovered after trial; (b) the evidence could not have been discovered and produced during trial even with the exercise of reasonable diligence; and, (c) the evidence is material and not merely corroborative, cumulative or impeaching and is of such weight that if admitted would probably alter the result. [Tumang v. CA, GR 82072, 17 Apr. 1989; Velasco v. Ortiz, GR 51973, 16 Apr. 1990]. News. All events and items of information which are out of the ordinary humdrum routine, and which have that indefinable quality of information which arouses public attention. [Ayer Prods. Pty. Ltd. v. Capulong, GR L-82380. Apr. 29, 1988]. Newspaper of general circulation. A newspaper published for the dissemination of local news and general information; that it has a bona fide subscription list of paying subscribers; that it is published at regular intervals. [Basa v. Mercado, GR 42226. July 26, 1935]. Next of kin. 1. Those persons who are entitled under the statute of distribution to the decedent's property. [Gabriel v. CA, GR 101512. Aug. 7, 1992]. 2. A relative or a responsible friend with whom the minor or incompetent lives. [IRR, Sec. 16(a) of PD 1508]. 3. The nearest blood relative of a deceased. The expression has come to describe those persons most related to a dead person and therefore set to inherit the deceaseds property. Also Nearest of kin. Neypes Rule. See Fresh Period Rule. NFA. See National Food Authority. NGC. National Government Center. NGO. See Non-governmental organization. NHA. See National Housing Authority. NHMFC. See National Home Mortgage Finance Corporation. NIA. See National Irrigation Administration. Nieto. Sp. Grandson. The son of the son. Used with respect to the grandfather. The term is also used by extension to include the word descendant in a given line to the 3rd, 4th and successive generations. [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. Night shift. The period of time scheduled for work at night, as in a factory or other institution. Night shift differential. Payment of not less than 10% of an employees regular wage for each hour of work performed bet. 10 o'clock in the evening and 6 o'clock in the morning. [Art. 86, LC].
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Night worker. Labor. 1. All persons, who shall be employed or permitted or suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation, during a period of not less than 7 consecutive hours, incl. the interval from midnight to 5 oclock in the morning, to be determined by the Sec. of Labor and Employment, after consulting the workers representatives or labor organizations and employers; any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit [which] shall be fixed by the Sec. of Labor after consulting the workers representatives or labor organizations and employers. [Sec. 4, RA 10151]. Nighttime (Obscuridad). That period of darkness beginning at the end of dusk and ending at dawn. [People v. Codilla, GR 100720-23. June 30, 1993]. Nighttime and uninhabited place. Crim. Law. The aggravating circumstances under Art. 14 (6) of the Rev. Penal Code which may be considered, provided the following elements are taken into account: (a) When it facilitated the commission of the crime; or (b) When esp. sought for by the offender; or (c) When offender took advantage thereof for the purpose of impunity. [US v. Billedo, 32 Phil. 574; People v. Matbagon, 60 Phil. 887]. NIH. National Institute of Health. [Sec. 4, RA 9288]. NIRC. See National Internal Revenue Code. Nitrate test. See Paraffin test. Nitro Cellulose. See Cellulose Nitrate. NLRC. See National Labor Relations Commission. NMIS. See National Meat Inspection Service. No par value shares. Corp. Law. 1. Shares without any stated value appearing on the face of the certificate of stock. It is a stock which does not state how much money it represents. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 60]. 2. Shares which are without par value which may be sold at whatever price the company's board of directors decides. Compare with Par value shares. No quarter will be given. Refusing to spare the life of anybody, even of persons manifestly unable to defend themselves or who clearly express their intention to surrender. [Sec. 3, RA 9851]. No religious test clause. Consti. Law. A provision in the 1897 Phil. Consti. that no religious test shall be required for the exercise of civil or political rights. [Sec. 5, Art. III, 1987 Consti.]. No work, no pay rule. Labor. The principle that applies during rest and special days when workers who are not required or permitted to work on those days are not by law entitled to any compensation. No-contest clause. Succ. Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited. Nocturnal. Done, occurring, or active at night.
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Nocturnity. An aggravating circumstance under Art. 14 (6) of the Rev. Penal Code when it is purposely and deliberately sought by the accused to facilitate the commission of the crime [People v. Alcala, 46 Phil. 739], or to prevent their being recognized or to insure unmolested escape. [US v. Billedo, 32 Phil. 575]. Nocturnidad must concur with the intent and design of the offender to capitalize on the intrinsic impunity afforded by the darkness of night. [People v. Leyles, L15300, May 29, 1964]. No-fault indemnity. The payment of any claim for death or injury to any passenger or 3rd party pursuant to the provisions of Chap. VI of the Ins. Code (PD 612) without the necessity of proving fault or negligence of any kind. [Sec. 378, IC]. No-fault indemnity clause. A clause found in an insurance policy under which any claim for death or injury of any passenger or 3rd party shall be paid without the necessity of proving fault or negligence of any kind. [Suggested Answer for the 1994 Bar, UPLC, (2002), p. 107]. Nolle prosequi. Lat. Will not further prosecute. The withdrawal or dismissal of an information addressed solely to the sound and judicious discretion of the court which has the option to grant or deny it. [Galvez v. CA, GR 114046. Oct. 24, 1994]. Nolo contendere. Lat. I will not defend it. 1. Used primarily in criminal proceedings whereby the defendant declines to refute the evidence of the prosecution. In some jurisdictions, this response by the defendant has same effect as a plea of guilty. 2. A Latin phrase meaning "I will not contest it." A plea in a criminal case which does not require the defendant to admit guilt, but the defendant does not contest the facts on which the charge is based. Some judges refuse to accept such pleas in criminal cases. Nominal. Existing in name only. Nominal damages. 1. These damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. [Art. 2221, CC]. 2. Small and trivial sums awarded for a technical injury due to a violation of some legal right and as a consequence of which some damages must be awarded to determine the right. [Torres, Oblig. & Cont., 2000 Ed., p. 332]. Nominal partner. A person who is actually not a partner but is held out or represented as a partner. [Diaz, Bus. Law Rev., 1991 Ed., p. 189]. Nominal voting. Voting on any question wherein the Secretary General of the House of Reps. shall, upon motion of a Member, duly approved by 1/5 of the Members present, there being a quorum, call in alphabetical order, the names of the Members who shall state their votes as their names are called. Nominate. Having a particular name. Nominate contracts. They are contracts with specific names or designation in law. E.g., sale. [Diaz, Bus. Law Rev., 1991 Ed., p. 61]. Compare with Innominate contracts. Non allegata non probata. Lat. That which is not alleged cannot be proved.
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This is an exclusionary rule in the Law of evidence that a party who fails to allege a fact in his pleadings may not also be allowed to prove it, if the party objecting thereto be not thereby given a chance to prove the contrary of what was not alleged but proved by the other. [Rule on Pleadings and the Law of Evidence]. Non bis in idem. Lat. Not twice for the same. The rule on double jeopardy found in Sec. 22, Art. IV, Bill of Rights (of the 1987 Consti.) [Esmea v. Pogoy, GR L-54110, Feb. 20, 1981]. Non compos mentis. Lat. Not of sound mind. 1. It indicates that a person does not have the ability, due to his mental condition, to know the nature of his act. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. 2. Not of sound mind; insane. Non debeo meliores esse conditions quam auctor neus, a quo jus ad ge transit. Lat. The successor cannot be in a better condition than his predecessor. [Quijano v. Cabale, 49 Phil. 367]. Non erit alia lex Romae, alia Athenis; alia nunc, alia posthac; sed et apud omnes gentes et omne tempore una eademque lex obtinebit. Lat. There shall not be one law at Rome, another at Athens; one now, another hereafter; but among all nations one and the same law shall prevail. [Compagnie FrancoIndochinoise v. Deutsch-Australische Dampschiffs, GR 13954. Jan. 17, 1919]. Non est factum. Lat. Not his deed. A special defense in contract law to allow a person to avoid having to respect a contract that he signed because of certain reasons such as a mistake as to the kind of contract. For example, a person who signs away the deed to a house, thinking that the document signed was only a guarantee for another person's debt, might be able to plead non est factum in a court and on that basis get the court to void the contract. Non liquet. Lat. It is not clear. [Locsin v. Valenzuela, GR 51333. Feb. 19, 1991]. Non mi ricordo. Lat. I dont remember. Non mi ricordo answer. I cannot recall answer to the question asked by the investigator. [People v. Cruz, GR 69251. Sep. 13, 1989]. Non prosequitur. Lat. The judgment entered against a plaintiff who fails to appear in court to prosecute a suit. Non quieta movere. Lat. Do not disturb what has been settled. 1. The rule that administrative decisions must end sometime, as fully as public policy demands that finality be written on judicial controversies. [Manila Electric Co. v. Public Service Commission, 61 Phil., 456]. 2. The rule of non quieta movere prescribes that what was terminated should not be disturbed [Espiritu v. San Miguel Brewery, 63 Phil., 615]. Non servanti fidem, non est fides servanda. Lat. A party [cannot] be held bound to fulfill his promises when the other violates his. [Univ. Food Corp. v. CA, GR L-29155. May 13, 1970]. Non sui juris. Lat. It means that a person, not of legal age, does not have legal capacity. [Torres, Oblig. & Cont., 2000 Ed., p. 352]. Non-academic personnel. All other school personnel not falling under the definition and coverage of teaching and
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academic staff, school administrators and academic non-teaching personnel. [Sec. 6, BP 232]. Non-accessing entity. An entity other than a Submitting entity, Special accessing entity or Borrower that is authorized by the Credit Information Corp. to access credit information from a Special accessing entity. [Sec. 3, RA 9510]. Non-apparent easements. Those easements which show no external indication of their existence. [Art. 615, CC]. Non-bank financial intermediary. A financial intermediary, as defined in Sec. 2(D)(c) of RA 337, as amended, otherwise known as the General Banking Act, authorized by the Bangko Sentral ng Pilipinas (BSP) to perform quasi-banking activities. [Sec. 22, NIRC, as amended]. Non-belligerency. Intl. Law. Sometimes used instead of the term Neutrality to describe the status of a State which did not take part in military operations, but which did not observe the duties of a neutral. It is a status mid-way bet. a neutral and a belligerent, which is not recognized in international law. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 621. Non-career service. Civ. Serv. A classification of positions in the Civ. Service characterized by (1) entrance on bases other that those of the usual tests of merit and fitness utilized for the career service; and (2) tenure which is limited to a period specified by law, or which is coterminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made. [Sec. 9. Rev. Admin. Code]. Nonchartered GOCC. A GOCC organized and operating under BP 68, or The Corp. Code of the Phils.. [Sec. 3, RA 10149]. Non-combatants. Intl. Law. Those who should not be subjected to attack as they are not supposed to participate in the actual fighting. They do not enjoy identical rights when captured but are nevertheless protected from inhumane treatment under the Geneva Convention of 1949 relative to the treatment of civilian persons in time of war. Non-commercial forest. A forest of commercial species in which the volume of trees with 15 cm in diameter at breast height and merchantable height of at least 5 meters measured from the base up to the 1st branch, is less than 40 cubic meters per hectare. Non-competitive bidding. A bidding where there is only one participating bidder and, hence, falls short of the requirement. There would, in fact, be no bidding at all since, obviously, the lone participant cannot compete against himself. [Danville Maritime, Inc. v. COA, GR 85285. July 28, 1989]. Non-complying bid. A bid which does not comply with the advertised descriptions and specifications. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Non-consumables. Those things whose use acc. to their nature does not destroy the substance of the thing nor cause their loss to the owner. Money in coin is a non-consumable thing. [Tolentino, Civ.
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Code of the Phils., Vol. II, Repr. 2001, p. 27]. Non-contributory plan. An insurance policy where the premiums are solely paid by the employer. [Pineda v. CA, GR 105562, Sept. 27, 1993]. Compare with Contributory plan. Non-Convention award. A foreign arbitral award made in a State which is not a Convention State. [Sec. 3, RA 9285]. Non-Convention state. A state that is not a member of the New York Convention. [Sec. 3, RA 9285]. Non-conventional energy resources. Those energy resources in which the conversion or utilization technology for large-scale [megawatt level] applications are not as well-developed and/or widely use as those for fossil fuels, hydrogeothermal and conventional nuclear. In general, these resources would include the direct and indirect forms of solar, tidal nuclear converter and breeder reactors and fusion. [Sec. 2, PD 1068]. Non-cumulative preferred shares. Corp. Law. Those which entitle the holders merely to the payment of current dividends but not back dividends, before holders of common shares are paid. [Diaz, Bus. Law Rev., 1991 Ed., p. 249]. Compare with Cumulative preferred shares. Non-defended locality. A locality that fulfills the following conditions: (1) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated; (2) no hostile use of fixed military installations or establishments must have been made; (3) no acts of hostility must have been committed by the authorities or by the population; and (4) no activities in support of military operations, must have been undertaken. [Sec. 3, RA 9851]. Non-delegation doctrine. Consti. Law. [The principle that] delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. Non-delegation doctrine. Consti. Law. Exceptions to this principle: (1) Delegation of tariff powers to the Pres. under Sec. 28 (2) of Art. VI of the Consti.; (2) Delegation of emergency powers to the Pres. under Sec. 23(2) of Art. VI of the Consti.; (3) Delegation to the people at large; (4) Delegation to local governments; and (5) Delegation to administrative bodies. [Abakada Guro Party List v. Ermita, GR 168056, Sept. 1, 2005, 469 SCRA 1, 115-116]. Non-degree programs. All post secondary vocational or technical courses, not otherwise covered by degree requirements. [Sec. 1, PD 932]. Compare with Degree programs. Non-diminution of benefits principle. Labor. The principle which states that: Any benefit and supplement being enjoyed by employees cannot be reduced, diminished, discontinued or eliminated by the employer. [Lepanto Ceramics, Inc. v. Lepanto Ceramics Employees Assoc., GR 180866, Mar. 2, 2010]. Non-Diminution Rule. The rule under Art. 100 of the Labor Code [which] mandates that benefits given to employees cannot be taken back or reduced unilaterally by the employer because the
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benefit has become part of the employment contract, written or unwritten. [Phil. Airlines, Inc. v. NLRC, 328 Phil. 826 (1996)]. Non-establishment clause. Consti. Law. A provision in the 1897 Phil. Consti. that no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. [Sec. 5, Art. III, 1987 Consti.]. Non-exclusive exploration permit. A permit which grants to the permittee the non-exclusive right to conduct geological or geophysical exploration on specified areas. [Art. 10, RA 387]. Non-expendable supplies or property or Non-consumable supplies or property. Articles which are not consumed in used and which ordinarily retain their original identity during the period of use, such as weapons, vehicles, machines, tools, and instruments. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Nonfeasance. Not doing something that a person should be doing. Compare with Malfeasance and Misfeasance. See also Neglect of duty. Non-formal education. Any organized, systematic educational activity carried outside the framework of the formal system to provide selected types of learning to a segment of the population. [Sec. 4, RA 9155]. Non-fungibles. Those which have their own individuality and do not admit of substitution. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 28]. Nongovernment organization (NGO). A nonprofit domestic corporation: (a) organized and operated exclusively for scientific, research, educational, character-building and youth and sports development, health, social welfare, cultural or charitable purposes, or a combination thereof, no part of the net income of which inures to the benefit of any private individual; (b) which, not later than the 15th day of the 3rd month after the close of the accredited NGOs taxable year in which contributions are received, makes utilization directly for the active conduct of the activities constituting the purpose or function for which it is organized and operated, unless an extended period is granted by the Sec. of Finance in accordance with the rules and regulations to be promulgated, upon recommendation of the Comm. of Int. Rev.; (c) the level of administrative expense of which shall, on an annual basis, conform with the rules and regulations to be prescribed by the Sec. of Finance, upon recommendation of the Comm. of Int. Rev., but in no case to exceed 30% of the total expenses; and (d) the assets of which, in the event of dissolution, would be distributed to another nonprofit domestic corporation organized for similar purpose or purposes, or to the state for public purpose, or would be distributed by a court to another organization to be used in such manner as in the judgment of said court shall best accomplish the general purpose for which the dissolved organization was organized. [Sec. 34, NIRC, as amended]. Non-governmental organization (NGO). 1. An agency, institution, a foundation or a group of persons whose purpose is to assist peoples organizations or associations in various ways incl., but not limited to, organizing, education, training, research and/or resource accessing.
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[Sec. 4, RA 8550]. 2. A duly registered nonstock, nonprofit organization focusing on the upliftment of the basic or disadvantaged sectors of society by providing advocacy, training, community organizing, research, access to resources, and other similar activities. [Sec. 3, RA 8425]. 3. A nonstock, nonprofit organization involved in activities dealing with resource and environmental conservation, management and protection. [Sec. 3, RA 7942]. Non-health facilities, establishment or institution. Public places and working places, as defined in subpars. (u) and (y) of Sec. 3 of RA 10028, respectively. [Sec. 3, RA 10028]. Non-hearsay. Evid. A statement introduced not for the purpose of proving the truth of the facts asserted therein but only the making of the statement and is admissible in evidence when the making of the statement is relevant. Compare with Hearsay. Non-interference doctrine. Rem. Law. 1. The doctrine that judgment of a court of competent jurisdiction may not be opened, modified or vacated by any court or tribunal of concurrent jurisdiction. [Mercado v. Ubay, GR L-35830, 24 July 1990]. 2. An elementary principle of higher importance in the administration of justice that the judgment of a court of competent jurisdiction may not be opened, modified, or vacated by any court of concurrent jurisdiction. [Rep. v. Reyes, 155 SCRA 313 (1987)]. Also Judicial stability doctrine. Non-irrigated lands. Agricultural lands which lack irrigation systems and are usu. rain-fed. [Sec. 4, RA 7607]. Non-joinder. Civ. Pro. When a person who should have been made a party to a legal proceedings has been forgotten or omitted. This is usu. addressed by asking the court to amend documents and include the forgotten party to the proceedings. Compare with Misjoinder. Non-judicial bonds. Those bonds required by parties to a contract and by government rules and regulations having the force of law. E.g.: Construct Contract Bonds, Supply Contract Bond, Completion Bond, Credit Guarantee Payment Bond, Financial Guarantee Bond, etc. Compare with Judicial bonds. Non-litigious motions. Motions which may be acted upon by the court without prejudicing the rights of the adverse party. [Dela Reyes v. Ramnani, GR 169135, June 18, 2010]. Non-metallic deposits. All other deposits not covered by the definition of Metallic deposits. [Sec. 18, PD 464]. Non-metallic mineral. Mineral usu. having a dull luster, generally light-colored, transmits light, usu. gives either colorless or light colored streak and where a non-metallic or component can be extracted or utilized for a profit. [Sec. 4, DENR AO 95-23]. Non-metallic minerals. Of or pertaining to a non-metal. In general, of mineral luster other than metallic. Non-metals are naturally occuring substance that does not have metallic properties such as high luster, conductivity, opaqueness, and ductility. Compare with Metallic minerals.
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Non-negotiable credits. Commercial credits which are neither negotiable nor payable to bearer, are transferred by assignment without need of consent of, but with notice to, the debtor, and for which the assignor thereof is liable for the legality of the credit and for his capacity as transferor, but not for the solvency of the debtor, unless there is agreement to the contrary. [Art. 347348, Code of Commerce]. Non-negotiable instrument. An instrument deemed as non-negotiable because the holder thereof takes it without prejudice to such rights or defenses as the registered owners or transferor's creditor may have under the law, except insofar as such rights or defenses are subject to the limitations imposed by the principles governing estoppel. [De los Santos v. McGrath, 96 Phil. 577]. Non-negotiable receipt. A receipt in which it is stated that the goods received will be delivered to the depositor or to any other specified person. [Sec. 4, Act 2137]. See Negotiable receipt. Non-participating preferred shares. Corp. Law. Those that entitle the holders only to the stipulated preferred dividend and no more. [Diaz, Bus. Law Rev., 1991 Ed., p. 249]. Compare with Participating preferred shares. Non-party participant. A person, other than a party or mediator, who participates in a mediation proceeding as a witness, resource person or expert. [Sec. 3, RA 9285]. Non-personal services. The term includes, but is not limited to, repairing, cleaning, redecorating, or rental of personal property and furnishing of necessary repair parts or other supplies as part of the services performed. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Non-point source. 1. Any source of pollution not identifiable as point source to include, but not be limited to, runoff from irrigation or rainwater, which picks up pollutants from farms and urban areas. 2. Pollution that comes from many sources rather than from a single specific site; an example is pollution that reaches a body of water from streets and storm sewers. Compare with Pointsource. Non-power applications. Renewable energy systems or facilities that produce mechanical energy, combustible products such as methane gas, or forms of useful thermal energy such as heat or steam, that are not used for electricity generation, but for applications such as, but not limited to, industrial or commercial cooling, and fuel for cooking and transport. [Sec. 4, RA 9513]. Non-privileged combatants. Intl. Law. Individuals who take up arms or commit hostile acts against the enemy without belonging to the armed forces or forming part of irregular forces which comply with the requirements laid down in the relevant international covenants. They are not entitled to protection accorded to lawful combatants under international law. When captured, although they are not entitled to the status of prisoner of war, they shall nevertheless be treated with humanity and shall in no case be deprived of the rights to fair and regular trial as provided in the 1949 Geneva Convention Relatives to the Treatment of Civilian Persons in Time Of War.
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Non-project employees. Those employed by a construction company without reference to a particular project. [Fernandez v. NLRC, GR 106090. Feb. 28, 1994]. Non-resident alien. An individual whose residence is not within the Phils. and who is not a citizen thereof. [Sec. 22, NIRC, as amended]. Non-resident citizen. (a) One who establishes to the satisfaction of the Commissioner of Internal Revenue the fact of his physical presence abroad with a definite intention to reside thereto; (b) a citizen leaving the Phils. during the taxable year to reside abroad, either as an immigrant or for employment on a more or less permanent basis and contract workers whose contract of employment are renewed from time to time within or during the taxable year under such circumstances as to require them to be physically present abroad most of the time during the taxable year, shall be considered as a nonresident for such taxable year with respect to the income he derived from foreign sources from the date he actually departed from the Phils.; (c) a citizen who has been previously considered as non-resident citizen and who arrives in the Phils. at any time during the taxable year to reside permanently in the Phils. shall likewise be treated as a non-resident citizen for the taxable year in which he arrives in the Phils. with respect to his income derived from sources abroad until the date of his arrival in the Phils.; or (d) the taxpayer shall submit proof to the Commissioner of Internal Revenue to show his intention of leaving the Phils. to reside permanently abroad or to return to and reside in the Phils. as the case may be for purposes hereof. [Sec. 22, NIRC, as amended]. Non-resident foreign corporation. A foreign corporation not engaged in trade or business within the Phils. [Sec. 22, NIRC, as amended]. Non-self-executing treaty. Intl. Law. A treaty that requires states parties to enact enabling legislation before it becomes effective domestically. Non-self-governing territory. Intl. Law. A territory under the control of a colonial power. Non-serious offense. An offense where the imposable penalty for the crime committed is not more than 6 years imprisonment. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Non-stock corporation. One where no part of its income is distributable as dividends to its members, trustees, or officers, subject to the provisions of the Corp. Code on dissolution: Provided, That any profit which a non-stock corporation may obtain as an incident to its operations shall, whenever necessary or proper, be used for the furtherance of the purpose or purposes for which the corporation was organized, subject to the provisions of this Title. [Sec. 87, Corp. Code]. Non-stock savings and loan association. A non-stock, non-profit corporation engaged in the business of accumulating the savings of its members and using such accumulations for loans to members to service the needs of households by providing long term financing for home building and devel-
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opment and for personal finance. [Sec. 3, RA 8367]. Non-suability doctrine. The basic postulate enshrined in the constitution that [t]he State may not be sued without its consent, [which] reflects nothing less than a recognition of the sovereign character of the State and an express affirmation of the unwritten rule effectively insulating it from the jurisdiction of courts. It is based on the very essence of sovereignty. [DA v. NLRC, GR 104269, Nov. 11, 1993, 227 SCRA 693]. Non-suability of the State. 1. The principle that a sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the legal and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. [The Amer. Ins. Co. v. Macondray & Co., Inc., GR L-24031. Aug. 19, 1967]. 2. A doctrine laid down under Sec. 2, Art. XVI of the 1987 Phil. Consti. which holds that the State may not be sued without its consent. Also known as Royal prerogative of dishonesty. Nonsuit. Rem. Law. 1. The termination of an action which do not adjudicate issues on the merits. [Lim Tanhu v. Ramolete, GR L-40098, 29 Aug. 1975]. 2. A judgment given against plaintiff when he is unable to prove a case, or when he refuses or neglects to proceed to trial and leaves the issue undetermined. [Metals Engg Resources Corp. v. CA, GR 95631, 28 Oct. 1991]. Non-suited party. Rem. Law. A party who fails to appear at a pre-trial conference (and who) may be considered as in default. [Insular Veneer v. Plan, GR L40155, Sep. 10, 1976]. Non-theatrical distribution. (a) Public showing of long and short motion pictures through the use of mobile projection equipment not imposing admission fee; (b) showing long or short motion pictures to organizations, societies, clubs, groups, etc. such as films for children, educational, documentary, cultural, scientific, newsreel, industrial, sales, public relations, and instructional films. [Sec. 10, PD 1986]. See Theatrical distribution. Non-traditional crops. Crops other than rice, corn, coconut and sugar. [Sec. 4, RA 7900]. Nonuser. 1. A neglect to use a privilege or a right. [Sandiganbayan v. CA, GR 118883. Jan. 16, 1998]. 2. A neglect to exercise an easement or an office. [Sandiganbayan v. CA, GR 118883. Jan. 16, 1998, 6th Ed.]. Non-voting share. Corp. Law. A share without right to vote. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 61]. Compare with Voting share. Noontime. In the local interpretation, it is anytime from 9:00 am to 1:00 pm. [People v. Ausan, GR L-49728. July 15, 1987]. Normal baseline method. Intl. Law. A method employed in defining the territorial sea under which the territorial sea is drawn from the low-water mark of the coast (to the breadth claimed) following its sinuosities and curvatures but excluding the internal waters in bays and gulfs. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 63]. Compare with Straight baseline method.
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Normal baseline. The low-water line along the coast as marked on largescale charts officially recognized by the coastal state. Compare with Straight baseline. Normal hours of work. The normal hours of work of any employee shall not exceed 8 in a day. [Art. 83, LC]. Noscitur a sociis. Lat. It is known from its associates. 1. A rule of statutory construction under which a word or phrase should be interpreted in relation to, or given the same meaning as, the words to which it is associated. [Magtajas v. Pryce Properties, GR 111097. July 20, 1994]. 2. The rule of law that holds that the meaning of a contract is derived from reading it as a whole. Where parts of a contract contradict each other, a court must restrict the meaning of, or reject, the word or clause that does not adhere to the general meaning of the contract, namely the parties' intent. Also known as the Doctrine of associated words. Not guilty by reason of insanity. The court must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense. Not guilty plea. Complete denial of guilt. In criminal cases, a necessary stage of the proceedings required to preserve all legal issues. Notarial. Of or relating to a notary public. 2. Executed or drawn up by a notary public. Notarial Act and Notarization. Any act that a notary public is empowered to perform under [the 2004 Rules on Notarial Practice, as amended]. [Sec. 7, Rule II, AM 02-8-13-SC]. Notarial Certificate. The part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary's signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by the Rules. [Sec. 8, Rule II, AM 02-8-13-SC]. Notarial document. A document duly acknowledged before a notary public. It is a public document. A recital in the certificate of acknowledgment is prima facie evidence of the fact that he was such an officer. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 301]. Notarial Register. 1. A permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public. [Sec. 5, Rule II, AM 02-8-13-SC]. 2. The register kept by every notary public wherein record shall be made of all his official acts as notary and a certified copy of such record, or any part thereof shall be supplied by him to any person applying for it and paying the legal fees therefor. [Sec. 245, Art. V, Rev. Admin. Code]. Notarial seal. The seal of office procured by every person appointed to the position of notary public which shall be affixed to papers officially signed by him. It shall be of metal and shall have the name of the province and the word Phils. and the notarys name engraved on the margin thereof, and the words Notary Public across the center. [Sec. 244, Art. IV, Rev. Admin. Code]. Notarial will. Succ. A will duly acknowledged by the testator and the witnesses
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before a notary public, a public document executed and attested through the intervention of the notary public and, as such public document, evidence of the facts in clear, unequivocal manner therein expressed. [Gabriel-Gonzalez v. CA, GR L-37453. May 25, 1979]. Compare with Holographic will. Notarization. Acknowledgement executed by a notary public and appended to a private document which converts such document into a public one and renders it admissible in court without further proof of its authenticity and upon which courts, administrative agencies and the public at large must be able to rely. Notary or Notary public. 1. A public officer who attests or certifies deeds and other writings to make them authentic and takes affidavits, depositions, and protests of negotiable paper. [Title IV, Chap. II, Rev. Admin Code]. 2. A legal officer with specific judicial authority to attest to legal documents usu. with an official seal. Notary Public and Notary. Any person commissioned to perform official acts under [the 2004 Rules on Notarial Practice, as amended]. [Sec. 9, Rule II, AM 02-8-13-SC]. Notatu dignum. Lat. 1. Worthy of note; good to know. [Used in People v. Anabe, GR 179033, Sept. 6, 2010]. Note verbale. Intl. Law. An unsigned document which contains a resume of diplomatic conversations. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. Notice. Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding. Notice of appeal. Civ. Pro. An information, advice or announcement where the appellant merely signifies that he is appealing to a particular court a decision or resolution rendered by the trial court. Compare with Record on appeal. Notice of dishonor. 1. Notice given by a holder or his agent to a party or parties secondarily liable that the instrument was dishonored by non-acceptance by the drawee of a bill, or by non-payment by the acceptor of a bill, or by nonpayment by the maker of a note. 2. Bringing to the knowledge of the drawer or indorser of the instrument, either verbally or by writing, the fact that a specified instrument, upon proper proceedings taken, has not been accepted or has not been paid, and that the party notified is expected to pay it. [State Investment House, Inc. v. CA, GR 101163. Jan. 11, 1993]. Notice of lis pendens. A notice filed for the purpose of warning all persons that the title to certain property is in litigation and that if they purchase the defendant's claim to the same, they are in danger of being bound by an adverse judgment. The notice is for the purpose of preserving rights of pending litigation. See Lis pendens notice. Notice to creditors. A notice given by the bankruptcy court to all creditors of a meeting of creditors. Notifying bank. A correspondent bank which assumes no liability except to notify and/or transmit to the beneficiary the existence of the letter of credit. [Feati
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Bank & Trust Co. v. CA, GR 94209. Apr. 30, 1991]. Notorious. So conspicuous that it is generally known and talked of by the public or the people in the neighborhood. [Dir. of Lands v. IAC, GR 68946. May 22, 1992, 5th Ed., 859]. Notoriety. The principal guide in determining what facts may be assumed to be judicially known. [State Prosecutors v. Muro, AM RTJ-92-876. Sep. 19, 1994]. Notorious negligence. 1. It is something more than mere or contributory negligence; it signifies a deliberate act of the employee to disregard his own personal safety. [Paez v. WCC, L-18438, Mar. 30, 1963]. 2. The term is equivalent to "gross negligence" and consists in the failure to exercise even slight care. [Caunan v. Compania General de Tabacos, 56 Phil. 542 (1932)]. Notorious possession. Possession when it is so conspicuous that it is generally known and talked of by the public or the people in the neighborhood. [Dir. of Lands v. IAC, GR 68946. May 22, 1992, 5th Ed., 859]. Notoriously undesirable. Civ. Serv. Known to be constantly and flagrantly violating existing rules and regulations and which acts are known to and looked upon with disfavor by the community. Notoriously undesirable, Test of being. Civ. Serv. Whether it is common knowledge or generally known as universally believed to be true or manifest to the world that a person committed the acts imputed against him, and whether he had contracted the habit for any of the enumerated misdemeanors. [San Luis v. CA, GR 80160. June 26, 1989]. Notwithstanding. In spite of, even if, without regard to or impediment by other things. Nova constitutio futuris formam imponere debet, non praeteritis. Lat. A new statute should affect the future, not the past. The law looks forward, not backward. [Coloso v. Garilao, GR 129165, Oct. 30, 2006, 506 SCRA 25, 47.]. Novatio. Lat. To make new. [Reyes v. CA, GR 120817, Nov. 4, 1996]. Novatio non praesumitur. Lat. In the Roman Law jurisprudence, the principle that novation is never presumed. [Reyes v. CA, GR 120817. Nov. 4, 1996]. Novation. Civ. Law. 1. The extinguishment of an obligation by the substitution of that obligation with a subsequent one, which terminates it, either by changing its object or principal conditions or by substituting a new debtor in place of the old one, or by subrogating a 3rd person to the rights of the creditor. [Broadway Centrum v. Tropical Hut, GR 79642. July 5, 1993]. 2. Any change, substitution, or renewal of an obligation with the intention of essentially modifying the same. It does not operate as an absolute but only as a relative extinction, because it creates a new one in place of the old which is only modified. [Diaz, Bus. Law Rev., 1991 Ed., p. 56]. Compare with Subrogation. Novation. Civ. Law. Forms: (a) Expromision; and (b) delegacion. [De Cor-
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tes v. Venturanza, GR L-26058. Oct. 28, 1977]. Novation. Civ. Law. Kinds: (a) Real novation when the object or principal conditions are changed; (b) personal novation when the person of the debtor is substituted and/or when a 3rd person is subrogated in the rights of the creditor; and (c) mixed novation when the object and the debtor or creditor, or both the parties, are changed; it is a combination of real and personal novations. [Diaz, Bus. Law Rev., 1991 Ed., p. 56]. Novation. Civ. Law. Requisites: (a) There must be a previous valid obligation; (b) there must be an agreement of the parties concerned to a new contract; (c) there must be the extinguishment of the old contract; and (d) there must be the validity of the new contract. [Tiu Siuco v. Habana, GR 21106; 45 Phil. 707]. NPC. See National Power Corporation. NROV. See National Registry of Overseas Voters. Nuclear materials. Uranium, plutonium, curium and other fissionable materials. [Sec. 2, RA 4095]. Nuda proprietas. Lat. Naked ownership. Also called Proprietas nuda. Compare with Domino absoluto. Nudum pactum. Lat. 1. A contract without cause or consideration. [Ocampo v. CA, GR 97442. June 30, 1994]. 2. A contract-law term which stands for those agreements which are without consideration, such as a unilateral undertaking, which may bind a person morally, but not under contract law, in those jurisdictions which still require consideration. Nuisance. Civ. Law. 1. Any act, omission, establishment, business, condition of property, or anything else which: (a) injures or endangers the health or safety of others; or (b) annoys or offends the senses; or (c) shocks, defies or disregards decency or morality; or (d) obstructs or interferes with the free passage of any public highway or street, or any body of water; or (e) hinders or impairs the use of property. [Art. 694, CC]. 2. Anything that works an injury, harm, or prejudice to an individual or the public, and will embrace everything that endangers life or health, offends the human senses, transgresses laws of decency, or obstructs, impairs, or destroys the reasonable, peaceful, and comfortable use of property. [Tan Chat v. Mun. of Iloilo, GR 39810. Aug. 31, 1934]. 3. Excessive or unlawful use of one's property to the extent of unreasonable annoyance or inconvenience to a neighbor or to the public. Nuisance per accidens. Also Nuisance in fact. Civ. Law. 1. It is considered a nuisance by reason of circumstances, location and surroundings. 2. One that becomes a nuisance by reason of circumstances or surroundings. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 435]. Nuisance per se. Also Nuisance at law. Civ. Law. 1. A nuisance which affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity. [Monteverde v. Generoso, 52 Phil. 123 (1928)]. 2. An act, occupation, or structure which is a nuisance at all times and under any circumstances, regardless of locations or surroundings. It is a nuisance in and of itself without regard to
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circumstances. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 435]. Null and void. Invalid, unenforceable, having no legal force or effect. It is a popular but redundant term. Null and void ab initio. No legal effect whatsoever and at any time. [Treasurer of the Phils. V. CA, GR L-42805. Aug. 31, 1987]. Nulla poena sine lege. Stat. Con. Lat. No penalty without a law. A legal principle requiring that one cannot be punished for doing something that is not prohibited by law. Nullum crimen, nulla poena sine lege. Stat. Con. Lat. There is no crime when there is no law punishing it. [Evangelista v. People, GR 108135-36, Aug. 14, 2000, 337 SCRA 671, 678]. Nullum tempus occurrit regi or Nullum tempus occurrit reipublicae. Lat. Lapse of time does not bar the right of the crown or lapse of time does not bar the commonwealth. The rule is now embodied in Art. 1108(4) of the Civ. Code. It is a maxim of great antiquity in English law. The best reason for its existence is the great public policy of preserving public rights and property from damage and loss through the negligence of public officers. [Mindanao Devt. Authority v. CA, GR L-49087. Apr. 5, 1982]. Nullus commodum capere potest de injuria sua propria. Lat. No one shall take advantage of his own wrong. Nunc pro tunc. Lat. Now for then. The doing of something late after it should have been done in the first place, with effect as if it had been done on time. Nunc pro tunc judgment. A judgment which concerns itself not with the rendering of a new judgment and the ascertainment and determination of new rights, but with the placing in proper form on the record, the judgment that has been previously rendered, to make it speak the truth, so as to make it show what the judicial action really was. [Lichauco v. Tan Pho, 51 Phil. 862, 880 (1923)]. Nuncupative. Delivered orally to witnesses rather than written. Nuncupative will. 1. An oral [unwritten] will. [Matias v. Alvarez, 10 Phil. 398]. 2. An oral will declared or dictated by the testator in his last sickness before a sufficient number of witnesses, and afterwards reduced to writing. Nurse. 1. A [duly licensed] person [who] singly or in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting. It includes, but not limited to, nursing care during conception, labor, delivery, infancy, childhood, toddler, preschool, school age, adolescence, adulthood, and old age. [Sec. 28, RA 9173]. 2. A person trained to care for the sick or infirm, esp. in a hospital. Nursery. A child-caring institution that provides care for 6 or more children below 6 years of age for all or part of a 24hour day, except those duly licensed to offer primarily medical and educational services. [Art. 117, PD 603]. Nursing. A profession within the health care sector focused on the care of individuals, families, and communities so
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they may attain, maintain, or recover optimal health and quality of life. Nursing care. Care by a skilled nurse. Nursing employee. Any female worker, regardless of employment status, who is breastfeeding her infant and/or young child. [Sec. 3, RA 10028]. Nursing home. A private institution providing residential accommodations with health care, esp. for the elderly. Nursing practice. [The practice of nursing by a duly licensed] person [who] singly or in collaboration with another, initiates and performs nursing services to individuals, families and communities in any health care setting. It includes, but not limited to, nursing care during conception, labor, delivery, infancy, childhood, toddler, preschool, school age, adolescence, adulthood, and old age. [Sec. 28, RA 9173]. Nursing service. A general concept referring to the organization and administration of nursing activities. Nutrient. Any chemical substance needed by the body for one or more of these functions; to provide heat or energy, to build and repair tissues, and to regulate life processes. Although nutrients are found chiefly in foods, some can be synthesized in the laboratory like vitamin and mineral supplements or in the body through biosynthesis. [Sec. 3, RA 8976]. Nutrition facts. A statement or information on food labels indicating the nutrient(s) and the quantity of said nutrient found or added in the processed foods or food products. [Sec. 3, RA 8976]. Nutrition labeling. A system of describing processed foods or food products on the basis of their selected nutrient content. It aims to provide accurate nutrition information about each food. This is printed in food labels as Nutrition Facts. [Sec. 3, RA 8976]. Nymphomania. Legal Med. The excessive sexual desire in women. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Satyriasis. Nymphomaniac. Legal Med. A woman with abnormal sexual desires.
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-OOath. 1. A religious or solemn affirmation to tell the truth or to take a certain action. 2. A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made. Compare with Affirmation. OAV. Overseas Absentee Voting. Obfuscate. To render obscure, unclear, or unintelligible. Obfuscation. Any impulse or unreasoning temper, a condition of mind brought about by something unlawful and sufficient to produce the same. Obiter dictum. Lat. A remark or opinion, by the way. 1. An observation by a court on a matter not specifically before the it or not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for the purposes of stare decisis. 2. A remark or opinion uttered, by the way. It is a statement of the court concerning a question which was not directly before it. [Mison v. CSC, GR 86241. Aug. 8, 1989]. Object. 1. N. Something perceptible by one or more of the senses, esp. by vision or touch; a material thing. 2. V. To present a dissenting or opposing argument; raise an objection. Object evidence. Those objects as evidence addressed to the senses of the court which, when relevant to the fact in issue, may be exhibited to, examined or viewed by the court. [Sec. 1, Rule 130, RoC]. Also Real evidence.
Objection. 1. The formal protest made by a party to a suit at a trial to record his disapproval of a question asked by the opposing counsel. [Torres, Oblig. & Cont., 2000 Ed., p. 353]. 2. Such objections to evidence as are made as soon as the grounds therefor become reasonably apparent. The grounds for the objection must be specified. [Sec. 36, Rule 132, RoC]. 3. The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge. Objection overruled. A statement by a judge who disagrees with a formal protest raised in court during a trial. Objection sustained. A statement by the judge who agrees with the objection and disallows the question, testimony, or evidence Objective. 1. Of or having to do with a material object. 2. Having actual existence or reality. Objective novation. Also Real novation. Novation through a change of the object or principal conditions of an existing obligation. [Cochingyan, Jr. v. R & B Surety and Insurance Co., GR L-47369. June 30, 1987]. Compare with Subjective novation. Objective phase of felony. The result of the acts of the execution, that is, the accomplishment of the crime. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 34]. See Subjective phase of felony. Obligate. 1. To bind, compel, or constrain by a social, legal, or moral tie. 2. To
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commit money, for example, in order to fulfill an obligation. Obligation. Admin. Law. An amount committed to be paid by the Govt. for any lawful act made by an authorized officer for and in behalf of the Govt. [Sec. 2, Chap. 1, Book VI, EO 292]. Obligation. Civ. Law. A juridical necessity to give, to do or not to do. [Art. 1156, CC]. Obligation. Civ. Law. Classification: (a) Pure and conditional obligations; (b); obligations with a period; (c) alternative and facultative obligations; (d) joint and solidary obligations; and (e) obligations with a penal clause. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. Obligation. Civ. Law. Elements: (a) The vinculum juris or juridical tie which is the efficient cause established by the various sources of obligations [law, contracts, quasi-contracts, delicts and quasi-delicts]; (b) the object which is the prestation or conduct; required to be observed (to give, to do or not to do); and (c) the subject-persons who, viewed from the demandability of the obligation, are the active [oblige] and the passive [obligor] subjects. [Asuncion v. CA, GR 109125. Dec. 2, 1994]. Obligation or Security of the Philippines. All bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the Phils., and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the Phils. [Art. 166, RPC]. Obligation with a penal clause. Civ. Law. An obligation to which is attached an accessory undertaking to pay a previously stipulated penalty in case of breach. [Diaz, Bus. Law Rev., 1991 Ed., p. 31]. Obligations. All financial liabilities of the Corporation which are evidenced by promissory notes, bonds, debentures, mortgages or any other form of indebtedness. [Sec. 2, RA 7354]. Obligations with a period. Civ. Law. Obligations for whose fulfillment a day certain has been fixed and shall be demandable only when that day comes. [Art. 1193, CC]. Obligatoriness of contracts. See Obligatory force of contracts. Obligatory force of contracts. Also called Obligatoriness of contracts. Civ. Law. 1. The characteristic of contracts whereby obligations arising therefrom have the force of law bet. the contracting parties and should be complied with in good faith. [Art. 1159, CC]. 2. The rule that contracts shall be obligatory in whatever form they may have been entered into, provided all the essential requisites for their validity are present. Contracts, once perfected, have the force of law bet. the parties who are bound to comply therewith in good faith, and neither one may, without the consent of the other, renege therefrom. [Tiu Peck v. CA, GR 104404. May 6, 1993]. Obligee. Civ. Law. The person who is to receive the benefit of someone else's obligation; that someone else being the obligor. Also called a Creditor.
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Obligor. Civ. Law. A person who is contractually or legally, committed or obliged, to providing something to another person; the recipient of the benefit being called the obligee. Also known as the Debtor. Obscene. That form of immorality which has relation to sexual impurity. Offensive to chastity and decency; expressing or presenting to the mind or view something which delicacy, purity, and decency forbid to be exposed. [People v. Kottinger, GR 20569. Oct. 29, 1923]. Obscene material. Material which deals with sex in a manner appealing to prurient interest. The portrayal of sex, e.g., in art, literature and scientific works, is not itself sufficient reason to deny material the constitutional protection of freedom of speech and press. [Gonzales v. Kalaw-Katigbak, GR L-69500. July 22, 1985]. Obscene publications and exhibitions. Crim. Law. The felony committed by the authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners or operators of the establishment selling the same, or those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which: (a) glorify criminals or condone crimes; (b) serve no other purpose but to satisfy the market for violence, lust or pornography; (c) offend any race or religion; (d) tend to abet traffic in and use of prohibited drugs; and (e) are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts. [Art. 201, RPC]. Obscenity. 1. Something offensive to chastity; decency, or delicacy. [People v. Kottinger, GR 20569. Oct. 29, 1923]. 2. A publication which is illegal because it is morally corruptive. Any lewd material which had no apparent social value, which was offensive to contemporary community standards of decency, and even material which tended to invoke impure sexual thoughts. Any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and crime, horror, cruelty or violence. Obscenity, Test of. (a) Whether the average person, applying contemporary standards' would find the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. [Pita v. CA, GR 80806. Oct. 5, 1989]. Obscuridad. Sp. Darkness. See Oscuridad; Nighttime. Observed depreciation. See Accumulated depreciation on appraisal. Obsession. Legal Med. A thought and impulse which continually occur in a persons mind despite all attempts to keep them out. An idea constantly occurring in the consciousness inspite of efforts to dive them away from the mind. [Olarte, Legal Med., 1st Ed. (2004), p. 149]. Obsessive compulsive disorder. Legal Med. A disorder characterized by the presence of recurrent, unwanted, intrusive ideas, images or impulses that
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seem silly, weird, nasty, or horrible (obsessions) and an urge or compulsion to do something that will relieve the discomfort caused by an obsession. [Olarte, Legal Med., 1st Ed. (2004), p. 137]. Obsolete. No longer produced or used; out of date. Obsolete property. A property which has lost its efficiency either due to technological advancement, change or procedure, reorganization of a department or office, or completion of a project. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Obstructing justice. An act which tends to impede or thwart the administration of justice. Examples include trying to bribe a witness or judge or providing law enforcement officers with information known to be false. Obstruction of justice. The offense committed by any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the acts enumerated in Sec. 1 of PD 1829. Obvious ungratefulness. See Abuse of confidence. Occipital bone. A bone located at the posterior part of the skull. Occlusio pupillae. The closure of the opening in the iris of the eye by formation of an opaque membrane. [Aguja v. GSIS, GR 84846. Aug. 5, 1991]. Occupancy. 1. The purpose for which a building or portion thereof is used or intended to be used. [Sec. 3, RA 9514]. 2. The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. [Sec. 3, BP 220]. Occupant. Any person actually occupying and using a building or portions thereof by virtue of a lease contract with the owner or administrator or by permission or sufferance of the latter. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Occupation. Labor. The collection of jobs which is sufficiently similar with regard to their main task to be grouped together under a common title. [Sec. 1, Rule 1, Book 2, IRR of LC]. Occupation. Prop. 1. Seizure of a corporeal thing, without an owner, with the intention to acquire ownership in accordance with law. 2. A mode of acquiring ownership by the apprehension of a corporeal thing which has no owner, by a person having capacity for the purpose, with intent to appropriate it as his, and acc. to the rule established by law. It is the taking of possession which by itself confers ownership. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 489]. Occupation of real property of usurpation of real rights in property. Crim. Law. The felony committed by any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another, in addition to the penalty incurred for the acts of violence executed by him. [Art. 312, RPC].
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Occupation tax. A tax imposed on a person engaged in the exercise or practice of his profession or calling, under Sec. 12, Local Tax Code (PD 231), as amended. Occupational. Of or relating to a job or profession. Occupational disease. A disease which develops as a result of hazards peculiar to certain occupations, due to toxic substances (as in the organic solvents industry), radiation (as in television repairmen), repeated mechanical injury, emotional strain, etc. [Meez v. ECC, GR L-48488. Apr. 25, 1980]. Occupational group. A group of classes of positions in the same occupation or occupational area arranged by level of difficulty and responsibility. [Sec. 3, PD 985]. Occupational hazard. A risk accepted as a consequence of a particular occupation. Occupational safety and health (OSH). A cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. Occupational therapist. A legally qualified person licensed to practice occupational therapy under RA 5680 and who by accepted academic training and professional clinical experience possesses the know-ledge and skills to achieve the objectives as defined and set by the occupational therapy profession. The occupational therapist functions through the use of the basic methods, approaches and procedures of occupational therapy [creative, manipulative, educational, pre-vocatio-nal evaluation and self-care activities] which are designed to assess and develop the actual and potential abilities of the individual. [Sec. 2, RA 5680]. Occupational therapy technician or assistant. A person who, not having acquired a bachelor's degree in occupational therapy, is qualified, as determined by a bona fide national professional association of occupational therapists in the Phils. through in-service training and practical experience, to function as an assistant to and under the direct supervision of an occupational therapist to assist in rehabilitating patients in hospitals and similar institutions. [Sec. 2, RA 5680]. Occupational therapy. A paramedical discipline concerned with the administration of medically prescribed treatment, in the form of supervised activity, to persons disabled by disease or injury. The objective of occupational therapy is to contribute to the development of the disabled person's independence, to improve his emotional, social, and physical well-being and his ability to care for himself both at home and on the job, and to begin early evaluations and experimentation for future job training and employment. [Sec. 2, RA 5680]. Occupy. To take possession of. OCD. Office of Civil Defense. Ocean. A very large expanse of sea, in particular, each of the main areas into which the sea is divided geographically. Ocean energy systems. Energy systems which convert ocean or tidal current, ocean thermal gradient or wave energy
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into electrical or mechanical energy. [Sec. 4, RA 9513]. Ocean waters. All marine waters other than the territorial sea and inland waters of the Phils. and other states. [Sec. 3, PD 600]. Ocular. Of or connected with the eyes or vision; visual. Ocular inspection. 1. An inspection by means of actual sight or viewing. [Southeastern Coll. v. CA, GR 126389. July 10, 1998]. 2. Inspection of the establishment or premise involved to help the court in clearing a doubt, reaching a conclusion, or finding the truth. But it is not the main trial nor should it exclude the presentation of other evidence which the parties may deem necessary to establish their case. It is merely an auxiliary remedy which the law affords the parties or the court to reach an enlightened determination of the case. [Phil. Movie Pictures Workers' Assoc. v. Premiere Prods., Inc., GR L-5621. Mar. 25, 1953]. OEC. See Omnibus Election Code. Of counsel. A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party. Of record. Entered on the appropriate official documents maintained by a governmental body and that are usu. available for inspection by the public. E.g. An attorney of record is the lawyer whose name is contained in the records of the court as the principal lawyer handling an action. Offended party. The person against whom or against whose property, the offense was committed. [Sec. 12, Rule 110, RoC]. Offender. A wrongdoer: a person who transgresses moral or civil law. Offending the religious feelings. Crim. Law. The felony committed by anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony, shall perform acts notoriously offensive to the feelings of the faithful. [Art. 133, RPC]. Offense. Crim. Law. 1. Any act or omission whether punishable under special laws or the Rev. Penal Code, as amended. [Sec. 4, RA 9344]. 2. A crime. Any act which contravenes the criminal law of the state in which it occurs. Offensive trades or occupations. Any of the following trades or occupations: (a) Soap boiling; (b) guts cleaning; (c) boiling of offal, bones, fat or lard; (Permissible if process is performed in a public slaughterhouse under prescribed regulations); (d) manufacturing of glue or fertilizer; (e) skin curing; (f) scrap processing; (g) manure storing; (h) lime burning; (i) lye making; and (j) any manufacturing process in which lead, arsenic, mercury, phosphorous, or other poisonous substance is used. [Sec. 84, PD 856]. Offer. 1. A proposal to enter into a contract. [Rosenstock v. Burke, 46 Phil. 217]. 2. In the context of Art. 1319 [of the Civ. Code, it exists] only if the contract can come into existence by the mere acceptance of the offeree, without any further act on the part of the offeror. Hence, the offer must be definite, complete and intentional. [Korean Air Co. Ltd. V. Yuson, GR 170369, June 16,
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2010]. 3. A proposal involving one or more items in a tender. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. See also Acceptance. Offer of compromise. Evid. A proposal which is tentative and any statement made in connection with it which is hypothetical, the purpose being to buy peace and in contemplation of mutual concessions. [People ex rel. Dept. Public Works v. Forster (58 Cal. 2d 257)]. Compare with Ordinary admission. Offer of evidence. Evid. The statement made by counsel as to what he expects to prove through the witness. [People v. Yap, GR 103517. Feb. 9, 1994]. Compare with Presentation of evidence. Offer of proof. Evid. A disclosure of the evidence the offering party wishes to introduce in the face of rejection to the admission of said evidence. It is a better practice to attach to the record the exhibits which have been rejected. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 342]. Offer to compromise. It does not, in legal contemplation, involve an admission on the part of a defendant that he is legally liable, not on the part of a plaintiff that his claim or demand is groundless or even doubtful, since the compromise is arrived at precisely with a view to avoiding further controversy and saving the expenses of litigation. [Smith Bell and Co. (Phils.), Inc. GR 56294. May 20, 1991]. Offering false testimony in evidence. Crim. Law. The felony committed by any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony. [Art. 184, RPC]. Off-grid systems. Electrical systems not connected to the wires and related facilities of the on-grid systems of the Phils. [Sec. 4, RA 9513]. Compare with Ongrid systems. Office. 1. Within the framework of governmental organization, any major functional unit of a department or bureau incl. regional offices. It may also refer to any position held or occupied by individual persons, whose functions are defined by law or regulation. [Sec. 2(9), Rev. Admin. Code of 1987]. 2. A public charge or employment, an employment on behalf of the govt. in any station or public trust, not merely transient, occasional or incidental. [Tejada v. Domingo, GR 91860. Jan. 13, 1992, 5th Ed., 976]. Office for Overseas Voting (OFOV). The office of the Comelec tasked to oversee and supervise the effective implementation of the Overseas Voting Act. [Sec. 2, RA 10590]. Office for Senior Citizens Affairs (OSCA). The office established in cities and municipalities under the Office of the Mayor headed by a senior citizen. [Art. 5, IRR of RA 9994]. Office of the President (OP). [It] consists of the Office of the Pres. Proper and the agencies under it as identified in Sec. 23, Chap. 8, Title II of the Admin. Code of 1987. [Sec. 21, Admin. Code of 1987]. Office of the President Proper. [It] shall consist of the Private Office, the Executive Office, the Common Staff Support System, and the Presidential Special
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Assistants or Advisers System. [Sec. 22, Admin. Code of 1987]. Officer. 1. Civ. Serv. As distinguished from "clerk" or "employee", a person whose duties, not being of a clerical or manual nature, involves the exercise of discretion in the performance of the functions of the govt. When used with reference to a person having authority to do a particular act or perform a particular function in the exercise of governmental power, "officer" includes any govt. employee, agent or body having authority to do the act or exercise that function. [Sec. 2, Admin. Code of 1987]. 2. Corp. Law. A natural person holding a management position described in or contemplated by a juridical entity's articles of incorporation, bylaws or equivalent documents, except for the corporate secretary, the assistant corporate secretary and the external auditor. [Sec. 4, RA 10142]. Officer ad interim. 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, Rev. 4th Ed., 1978]. Officer breaking seal. Crim. Law. Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken. [Art. 227, RPC]. Officer or Employee. A person employed in a govt. office or agency required to perform specific duties and responsibilities related to the application or request submitted by a client for processing. [Sec. 4, RA 9485]. Officer-in-charge. A person designated to an office in a temporary capacity. The designee holds no fixed tenure and may be removed or replaced at will by the appointing authority, with or without cause, and without need of notice or any form of hearing. Officers. The corporate officers of the GOCC as provided in its charter or bylaws, such as the CEO, Chief Financial Officer, Chief Investment Officer, Pres., Vice Pres., General Manager, Treasurer and Corporate Secretary. [Sec. 3, RA 10149]. Officers of the cooperative. [It] shall include the members of the board of directors, members of the different committee created by the general assembly, general manager or chief exec. officer, secretary, treasurer and members holding other positions as may be provided for in their bylaws. [Sec. 1, RA 9520]. Official. 1. N. A person holding public office or having official duties, esp. as a representative of an organization or government department. 2. Adj. Of or relating to an authority or public body and its duties, actions, and responsibilities. Official ballot. 1. The paper ballot, capable of being optically scanned, with the pre-printed names of all candidates and with ovals corresponding to each of the printed names. The ovals are the spaces where voters express their choice through marking or shading using a Comelec-provided marking pen. [Sec. 3, Rule 1, AM 10-4-1-SC, May 4, 2010]. 2. The paper ballot with the pre-printed names of all candidates and with ovals corresponding to each of the names printed. The ovals are the spaces where
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voters expresses their choice by shading with a marking pen. [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010]. Official Device. Any device prescribed by the DA Sec. for use in applying any official mark. [Sec. 4, RA 9296]. Official document. Any instrument issued by the govt. or its agents or its officers having the authority to do so and the offices, which in accordance with their creation, they are authorized to issue. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 450]. Official information. The statement made - on entries in official records - by the person who not only must have personal knowledge of the facts stated but must have the duty to give such statement for the record. Official integrity. This includes not only soundness of moral principle and character but also connotes strictness or fidelity in the discharge of the trust reposed, like obedience to the laws, legal orders and decrees promulgated by the duly constituted authorities. [Dizon v. Dollete, GR L-19838. June 30, 1964]. Official residences. Malacaang, and other govt.-owned structures where the Pres. resides, and other structures occupied by the Phil. Consulate or Embassies abroad. [Sec. 3, RA 8491]. Official Seal or Seal. A device for affixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by [the 2004 Rules on Notarial Practice, as amended. [Sec. 13, Rule II, AM 02-8-13SC]. Officious. 1. Assertive of authority in an annoyingly domineering way, esp. with regard to petty or trivial matters. 2. Intrusively enthusiastic in offering help or advice; interfering. Officious manager. A person who voluntarily takes charge of the agency or administration of the business of anther, without authorization. See Negotiorum gestor. Offshore. 1. The water, sea bottom, and subsurface from the shore or coastline reckoned from the mean low tide level up to the 200 nautical miles exclusive economic zone incl. the archipelagic sea and contiguous zone. [Sec. 3, RA 7942]. 2. An area situated off the shore within a zone generally considered to extend to 3 miles. [De Castro v. Marcos, GR L26093. Jan. 27, 1969, 1964 Ed., p. 1568]. Offshore banking. The conduct of banking transactions in foreign currencies involving the receipt of funds from external sources and the utilization of such funds as provided in PD 1034. [Sec. 1, PD 1034]. Offshore banking unit. A branch, subsidiary or affiliate of a foreign banking corporation which is duly authorized by the Central Bank of the Phils. to transact offshore banking business in the Phils. [Sec. 1, PD 1034]. OFOV. See Office for Overseas Voting. OFW. See Overseas Filipino Worker. Oil. 1. Any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil, whether carried on board a Ship as cargo or in bunkers of such a ship. [Sec. 3, RA 9483].
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2. Oil of any kind or in any form incl., but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredge spoil. [Sec. 3, PD 979; Sec. 3, PD 600]. Oil company. Any entity that distributes and sells petroleum fuel products. [Sec. 3, RA 9367]. Oil Pollution Compensation Act of 2007. RA 9483 entitled An Act Providing for the Implementation of the Provisions of the 1992 Intl. Conventi0n on Civil Liability for Oil Pollution Damage and the 1992 Intl. Convention on the Establishment of an Intl. Fund for Compensation for Oil Pollution Damage, Providing Penalties for Violations Thereof, and for Other Purposes enacted on June 2, 2007. Oja. Old term for Tax declaration. OJT. On the Job Training. Okinam. Ilok. Vulva of your mother. [People v. Balanag, GR 103225. Sep. 15, 1994]. Old growth forest. Forest predominantly stocked with mature trees with less than 25% of the mature stand volume removed by cutting. OMB. The Optical Media Board. [Sec. 3, RA 9239]. Ombudsman. 1. The official mandated by law to receive and investigate complaints relative to public office, incl. those in GOCCs, make appropriate recommendations, and in case of failure of justice as defined by law, file and prosecute the corresponding criminal, civil or administrative case before the proper court or body. 2. [The term] traces its origins to the primitive legal order of Germanic tribes. The Swedish term, which literally means "agent" or "representative," communicates the concept that has been carried on into the creation of the modern-day ombudsman, that is, someone who acts as a neutral representative of ordinary citizens against government abuses. [Gonzales III v. OP, GR 196231, Sept. 4, 2012,]. Ombudsman Act of 1989, The. RA 6770 entitled An Act providing for the functional and structural organization of the Office of the Ombudsman, and for other purposes enacted on Nov. 17, 1989. Omne quod solo inadeficatur solo cedit. Lat. Everything that is built on the soil yields to the soil. [Roque v. Lapuz, GR L-32811. Mar. 31, 1980]. Omnia praesumuntur rite et solemniter esse acta. Lat. All things are presumed to be correctly and solemnly done. [Farolan v. Solmac Marketing Corp., GR 83589. Mar. 13, 1991]. Omnibus. Lat. For all; containing 2 or more independent matters. Omnibus bill. A draft law before a legislature which contains more than one substantive matter, or several minor matters which have been combined into one bill, ostensibly for the sake of convenience. Omnibus Election Code (OEC) of the Philippines. BP 881 entitled Omnibus Election Code of the Phils. enacted on Dec. 3, 1985. Omnibus Investment Code of 1987, The. EO 226 signed into law on July 16, 1987.
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Omnibus motion. A motion attacking a pleading, order, judgment, or proceeding which includes all objections then available, and all objections not so included are deemed waived. [Sec. 8, Rule 15, RoC]. On a person's own recognizance. Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court. See Recognizance. On board bill of lading. One in which it is stated that the goods have been received on board the vessel which is to carry the goods, whereas a received for shipment bill of lading is one in which it is stated that the goods have been received for shipment with or without specifying the vessel by which the goods are to be shipped. An on board bill of lading is issued when the goods have been actually placed aboard the ship with every reasonable expectation that the shipment is as good as on its way. [Magellan v. CA, GR 95529. Aug. 22, 1991]. Compare with Received for shipment bill of lading. On call status. A condition when public health workers are called upon to respond to urgent or immediate need for health or medical assistance or relief work during emergencies such that he/she cannot devote the time for his/her own use. [Sec. 15, RA 7305]. On occasion. The phrase signifies because or by reason of the past performance of official duties, even if at the very time of the assault no official duty was being discharged. On or about. A phrase used in reciting the date of an occurrence or conveyance, or the location of it to escape the necessity of being bound by the statement of an exact date or place. Approximately; about; without substantial variance from; near. On probation. It connotes, a process of testing and observing the character or abilities of a person who is new to a role or job. [Mercado v. AMA Computer Coll., GR 183572. Apr. 13, 2010]. On the job training. The practical work experience through actual participation in productive activities given to or acquired by an apprentice. [Sec. 2, Rule 6, Book 3, IRR of LC]. On-arm irrigation facilities. Composite facilities that permit entry of water to paddy areas and consist of farm ditches and turnouts. [Sec. 4, RA 8435]. [Sec. 4, RA 8435]. Onerous. Entailing obligations that exceed advantages. Onerous contract. A contract where the cause for each contracting party is the prestation or promise of a thing or service by the other. [Art. 1350, CC]. Onerous donation. One which is subject to burdens, charges or future services equal (or more) in value than that of the thing donated. [De Luna v. Abrigo, GR 57455. Jan. 18, 1990]. Compare with Simple donation or Remuneratory donation. One-subject, one-title rule. Consti. Law. The Constitutional provision that requires that every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. [Sec. 26. (1), Art. VI, 1987 Phil. Consti.].
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One-subject, one-title rule. Consti. Law. Purposes: (a) To prevent Hodge-podge or Log-rolling legislation; (b) to prevent surprise or fraud upon the legislature by means of provisions in bills of which the title gives no intimation, and which might therefore be overlooked and carelessly and unintentionally adopted; and (c) to fairly apprise the people, through such publication of legislative proceedings as is usu. made, of the subject of legislation that is being considered, in order that they may have opportunity of being heard thereon, by petition or otherwise, if they shall so desire. [Phil. Judges Assoc. v. Prado, GR 105371. Nov. 11, 1993]. One-year bar rule. Labor. The rule that certification election may not be held within one year from the date of issuance of a final certification election result. [Poquiz, Labor Rel. Law, 1999 Ed. p. 203]. On-grid systems. Electrical systems composed of interconnected transmission lines, distribution lines, substations, and related facilities for the purpose of conveyance of bulk power on the grid of the Phils. [Sec. 4, RA 9513]. Compare with Off-grid systems. Onshore. The landward side from the mean tide elevation, incl. submerged lands in lakes, rivers and creeks. [Sec. 3, RA 7942]. On-site development. The process of upgrading and rehabilitation of blighted slum urban areas with a view of minimizing displacement of dwellers in said areas, and with provisions for basic services. [Sec. 3, RA 7279]. Onus. Lat. The burden. It is usu. used in the context of evidence. The onus of proof in criminal cases lies with the state. It is the state that has the burden of proving beyond reasonable doubt. In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities. Onus probandi. Lat. Burden of proof. [Ramcar Inc. v. Garcia, GR L-16997. Apr. 25, 1962]. Onward shifting. The shifting of the tax 2 or more times either forward or backward. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 56]. Open access. The provision of allowing any qualified user the use of transmission, and/or distribution system and associated facilities subject to the payment of transmission and/or distribution retail wheeling rates duly approved by the Energy Regulation Commission (ERC). [Sec. 4, RA 9136]. Open access records. (1) Public records that have been in existence for at least 30 years or have been transferred under the custody and control of the executive director, and that are classified as open access records as referred to in Sec. 30 and to which public access have not been prohibited, under Sec. 31 of RA 9470; and (2) Local govt. archives that are no longer in use, or have been in existence for at least 30 years and are classified as open access records referred under Sec. 32, and to which public access have not been prohibited, under Sec. 33 of RA 9470. Open corporation. A corporation which is open to any person who may wish to become a stockholder or member there-
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to. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Close corporation. Open disobedience. Crim. Law. The felony committed by any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities. [Art. 231, RPC]. Open policy. Ins. A policy of insurance in which the value of the thing insured is not agreed upon, but is left to be ascertained in case of loss. [Sec. 60, IC]. Compare with Valued policy. Open possession. When possession is patent, visible, apparent, notorious and not clandestine. [Dir. of Lands v. IAC, GR 68946. May 22, 1992, 5th Ed., 983]. Open shop. Labor. A common form of union security clause. It is an arrangement on recruitment whereby an employer may hire any employee, union member or not, but the new employee must join the union within a specified time and remain a member in good standing. Open space. Areas allocated for the following purposes: circulation, community facilities, park or playground, easements, and courts. [Sec. 3, BP 220]. Open ticket. A ticket on board a ship whereby the passenger has not been assigned to any particular berth space. [Bank of America v. CA, GR 105395. Dec. 10, 1993]. Open-end company. An investment company which is offering for sale or has outstanding any redeemable security of which it is the issuer. [Sec. 5, RA 2629]. See Closed-end company. Open-end-credit plan. A consumer credit extended on an account pursuant to a plan under which: 1) the creditor may permit the person to make purchase or obtain loans, from time to time, directly from the creditor or indirectly by use of credit card, or other service; 2) the person has the privilege of paying the balance; or 3) a finance charge may be computed by the creditor from time to time on an unpaid balance. [Sec. 3, RA 8484; Art. 4, RA 7394]. Open-ended. Without fixed limits or restrictions Open-ended agreement. An agreement or contract which does not have an ending date but which will continue for as long as certain conditions, identified in the agreement, exist. Opening bank. The bank, usu. the buyer's bank, which actually issues the letter of credit. [Bank of America, NT & SA v. CA, GR 105395. Dec. 10, 1993]. Also known as the Issuing bank. Opening of closed documents. Crim. Law. The felony committed by any public officer not included in the provisions Art. 227 of the Rev. Penal Code who, without proper authority, shall open or shall permit to be opened any closed papers, documents or objects entrusted to his custody. [Art. 228, RPC]. Opening statement. The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial. Operate. To perform work or labor; to work.
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Operating lease. A contract under which the asset is not wholly amortized during the primary period of the lease, and where the lessor does not rely solely on the rentals during the primary period for his profits, but looks for the recovery of the balance of his costs and for the rest of his profits from the sale or release of the returned asset at the end of the primary lease period. [Beltran v. PAIC Finance Corp., GR 83113. May 19, 1992]. Operation. A doing or performing action; work. Operative fact. A fact that is directly relevant to deciding some question of law. Operative fact doctrine. 1. The doctrine wherein it is stated that a legislative or executive act, prior to its being declared as unconstitutional by the courts, is valid and must be complied with. [De Agbayani v. PNB, GR L-23127, Apr. 29, 1971]. 2. The doctrine holding that the actual existence of a statute, prior to such a determination [of unconstitutionality], is an operative fact and may have consequences which cannot justly be ignored. The past cannot always be erased by a new judicial declaration. The effect of the subsequent ruling as to invalidity may have to be considered in various aspects, - with respect to particular relations, individual and corporate, and particular conduct private and official. [Serrano De Agbayani v. PNB, GR L-23127. Apr. 29, 1971]. See Chicot doctrine. Operator. 1. Local Govt. Code. The owner, manager, administrator, or any other person who operates or is responsible for the operation of a business establishment or undertaking. [Sec. 131, RA 7160]. 2. Anti-Gambling Law. See Maintainer. [Sec. 2, RA 9287]. Opinio juris. Lat. An opinion of law. [It] is the belief that an action was carried out because it was a legal obligation. This is in contrast to an action being the result of different cognitive reaction, or behaviors that were habitual to the individual. This term is frequently used in legal proceedings such as a defense for a case. Opinio juris sive necessitates. [Used in Bayan Muna v. Romulo, GR 159618. Feb. 1, 2011]. See Opinio juris sive necessitatis. Opinio juris sive necessitatis. Lat. An opinion of law or necessity. The principle of Intl. Law where states believe or accept that a practice exists and must be followed because of a rule of law requiring it, to the extent that it becomes part of the body of norms known as Customary International Law. See Opinio juris. Opinion. 1. The informal expression of the views of the court (which) cannot prevail against its final order or decision. (It) forms no part of the judgment. [Dayrit v. CA, GR L-29388. Dec. 28, 1970]. 2. A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. (A per curiam opinion is an unsigned opinion of the court.). Opinion rule. Evid. The general rule that the opinion of a witness is not admissible, except as indicated in Secs. 49 and
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50 of Rule 130 of the Rules of Court. [Sec. 48, Rule 130, RoC]. Opinion writer. See Ponente. Opium. 1. The coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or not. [Sec 3, RA 9165]. 2. It embraces every kind, class, and character of opium, whether crude or prepared; the ashes on refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium, preparation in which opium, morphine or any kind of opium, enter as an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared or not for their use. [Art. 190, RPC]. Opium poppy. Any part of the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes. [Sec 3, RA 9165]. Opportunity. A favorable chance or opening offered by circumstances. [Hacienda Luisita, Inc. v. PARC, GR 171101, July 5, 2011]. Oppression. Civ. Serv. 1. The misdemeanor committed by a public officer who, under color of his office, wrongfully inflicts upon any person any bodily harm, imprisonment or any other injury, or an act of subjecting another to cruel and unjust hardship. [Buta v. Relampagos, GR 116798. Sept. 16, 1997, 6th Ed., p. 1093]. 2. An act of cruelty, severity, unlawful exaction, domination or excessive use of authority. [Ochate v. Ty Deling, L- 13298, Mar. 30, 1959, 105 Phil. 384, 390]. Oppressive. Unreasonably burdensome; unjustly severe, rigorous or harsh; overpowering or depressing to the spirit or senses. Optical media. A storage medium or device in which information, incl. sounds and/or images, or software code, has been stored, either by mastering and/or replication, which may be accessed and read using a lens scanning mechanism employing a high intensity light source such as a laser or any such other means as may be developed in the future. [Sec. 3, RA 9239]. Optical Media Board (OMB). The renamed Videogram Regulatory Board (VRB) mandated to regulate the manufacture of optical media in all its forms and impose stiffer fines and penalties for its illegal reproduction. Optima statuli interpretatix est ipsum statutum. Lat. The best interpreter of the statute is the statute itself. [Lopez v. El Hogan Filipino, 47 Phil. 249, 277 (1925)]. Optimus interpres rerum usus. Lat. Usage is the best interpreter of things.
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Option. 1. A contract by which the owner of the property agrees with another person that the latter shall have the right to buy the formers property at a fixed price within a certain time. It is a condition offered or contract by which the owner stipulates with another that the latter shall have the right to buy the property at a fixed price within a certain time, or under, or in compliance with certain terms and conditions; or which gives to the owner of the property the right to sell or demand a sale. [Eulogio v. Apeles, GR 167884, Jan. 20, 2009]. 2. As used in the law on sales, it is a continuing offer or contract by which the owner stipulates with another that the latter shall have the right to buy the property at a fixed price within a certain time, or under, or in compliance with, certain terms and conditions, or which gives to the owner of the property the right to sell or demand a sale. It is also sometimes called an unaccepted offer. [Adelfa Properties v. CA, GR 111238. Jan. 25, 1995]. Option contract. A promise which meets the requirements for the formation of a contract and limits the promisor's power to revoke an offer. See Option. Option money. The consideration for the option period. It is separate and distinct from the purchase price. Where option money is given, it is proof of the perfection of the option contract. [Diaz, Bus. Law Rev., 1991 Ed., p. 66]. Option to purchase. A unilateral contract whereby the owner agrees with the holder of the option that the latter has a right to buy the property acc. to the terms and conditions of the contract, constituting merely the right to an election, the holder of which is not bound to complete the sale. Option to rebuild clause. Ins. A clause giving the insurer the option to reinstate or replace the property damaged or destroyed or any part thereof, instead of paying the amount of the loss or the damage. Option warrant. Corp. Law. A stock which gives the holder the right to subscribe for or purchase shares of the issuing corporation, such as common shares, at a stipulated price or prices per share usu. within a limited time. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Optional clause jurisdiction. Intl. Law. A unilateral grant of jurisdiction by a state to the International Court of Justice that allows the Court to resolve disputes involving that state. Optional contract. A contract by virtue of the terms of which the parties thereto promise and obligate themselves to enter into another contract at a future time, upon the happening of certain events or the fulfillment of certain conditions. Optometrist. A person who has been certified by the Board of Optometry and registered with the Professional Regulation Commission (PRC) as being qualified to practice optometry in the Phils. [Sec. 3, RA 8050]. Optometry. The science and art of examining the human eye, analyzing the ocular function, prescribing and dispensing ophthalmic lenses, prisms, contact lenses and their accessories and solutions, low vision aids, and similar appliances and devices, conducting ocular exercises, vision training, orthoptics, in-
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stalling prosthetics, using authorized diagnostic pharmaceutical agents (DPA), and other preventive or corrective measures or procedures for the aid, correction, rehabilitation or relief of the human eye, or to attain maximum vision and comfort. [Sec. 3, RA 8050]. Or. 1. A disjunctive word the use of which signifies disassociation and independence of one thing from another. [Neypes v. CA, GR 141524, Sept. 14, 2005]. 2. The term has, oftentimes, been held to mean "and," or vice-versa, when the spirit or context of the law warrants it. [Gonzales v. Comelec, GR L-28196. Nov. 9, 1967]. Oral argument. Presentation of a case before a court by spoken argument; usu. with respect to a presentation of a case to an appellate court where a time limit might be set for oral argument. Oral defamation. Also Slander. The speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood [Victorio v. CA, GR 32836-37. May 31, 1989]. Oralism. Legal Med. The use of the mouth as a way of sexual gratification. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Orden ng Gawad Pambansang Alagad ng Sining. See Order of National Artists. Order. 1. A formal written direction given by a member of the judiciary. A court decision without reasons. 2. A mandate, command, or direction authoritatively given. 3. Direction of a court or judge made in writing. Order of a court. A formal direction of a court of competent jurisdiction requiring that a certain act be performed or restrained. [Torres, Oblig. & Cont., 2000 Ed., p. 353]. Order of Battle. A document made by the military, police or any law enforcement agency of the govt., listing the names of persons and organizations that it perceives to be enemies of the State and which it considers as legitimate targets as combatants that it could deal with, through the use of means allowed by domestic and international law. [Sec. 3, RA 10353; Sec. 3, RA 9745]. Order of default. 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 Default order or Default judgment. Order of default, Effect of. Civ. Pro. 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]. Order of default, Relief from. Civ. Pro. A party declared in default may at any time 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. In such case, the order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice. [Sec. 3(b), Rule 9, RoC].
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Order of Mediation. Rem. Law. An Order issued by the trial court, after determining the possibility of an amicable settlement or of a submission to alternative modes of dispute resolution, referring the case to the specially trained family mediators at the Phil. Mediation Center (PMC) Unit for mediation and directing the parties to proceed immediately to the PMC Unit. [Rule 2, AM 10-4-16-SC]. Order of National Artists or Orden ng Gawad Pambansang Alagad ng Sining. The highest national recognition given to Filipino individuals who have made significant contributions to the development of Phil. arts; namely, Music, Dance, Theater, Visual Arts, Literature, Film and Broadcast Arts, and Architecture and Allied Arts. [It] is jointly administered by the Natl. Commission for Culture and the Arts (NCCA) and Cultural Center of the Phils. (CCP) and conferred by the Pres. of the Phils. upon recommendation by both institutions. Ordinance. Local Govt. 1. Legislative acts passed by the municipal council in the exercise of its lawmaking authority. [Mascuana v. Prov. Board of Negros Occ., GR L-27013. Oct. 18, 1977]. 2. A rule established by authority; may be a municipal statute of a city council, regulating such matters as zoning, building, safety, matters of municipality, etc. Compare with Resolution. Ordinance. Local Govt. Requisites for validity: A municipal ordinance (a) must not contravene the Consti. or any statute (b) must not be unfair or oppressive (c) must not be partial or discriminatory (d) must not prohibit but may regulate trade (e) must be general and consistent with public policy, and (f) must not be unreasonable. [Tatel v. Mun. of Virac, GR L-40243. Mar. 11, 1992]. Ordinary. With no special or distinctive features; normal. Ordinary acquisitive prescription. 1. This requires possession of things in good faith and with just title during the time fixed by law. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof and could transmit his ownership. For the purpose of prescription, there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right. It is well-settled that possession, to constitute the foundation of a prescriptive right, must be adverse and under a claim of title. Possession by license or mere tolerance does not give rise to acquisitive prescription. [Sapu-an v. CA, GR 91869. Oct. 19, 1992; Art. 1134, CC]. 2. Ordinary acquisitive prescription of dominion requires that there be public, peaceful and uninterrupted possession in the concept of owner for a period of 10 years. [Borillo v. CA, GR 55691. May 21, 1992]. Ordinary admission. Evid. An admission the intention of which is apparently to admit liability and seek to buy or secure relief against a liability recognized as such, or if the party making the proposal apparently intended to make no concession but to exact all that he deemed himself entitled to. [People ex rel. Dept. Public Works v. Forster (58 Cal. 2d 257)]. Compare with Offer of compromise.
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Ordinary asset. All properties specifically excluded from the definition of capital assets under Sec. 39 (A)(1) of the NIRC. Ordinary care. Such care as an ordinary prudent person would exercise under a particular case to avoid injury. Ordinary civil action. An action where a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. [Reyes v. Enriquez, GR 162956, Apr. 10, 2008, 551 SCRA 86, 92.]. Ordinary civil action, Basis of. Every ordinary civil action must be based on a cause of action. [Sec. 1, Rule 2, RoC]. Ordinary coral. All kinds of coral other than precious and semi-precious corals. [Sec. 3, PD 1219]. Ordinary course of business. Transactions in the pursuit of the individual debtor's or debtor's business operations prior to rehabilitation or insolvency proceedings and on ordinary business terms. [Sec. 4, RA 10142]. Ordinary expenses. Taxation. It connotes a payment which is normal in relation to the business of the taxpayer and the surrounding circumstances. [Martens, Law of Federal, Income Taxation, Vol. IV, p. 316]. The term Ordinary does not require that the payments be habitual or normal in the sense that the same taxpayer will have to make them often; the payment may be unique or nonrecurring to the particular taxpayer affected. [Atlas Consolidated Mining & Devt. Corp. v. Comm. of Int. Rev., GR L26911. Jan. 27, 1981]. Compare with Necessary expenses. Ordinary income. Any gain from the sale or exchange of property which is not a capital asset or property. [Sec. 22 NIRC, as amended]. Ordinary jurisdiction. Jurisdiction attached by law to an office. [Roman Catholic Apostolic Administrator of Davao, Inc. v. Land Registration Commission, GR L-8451. Dec. 20, 1957]. Compare with Delegated jurisdiction. Ordinary legislative power. Pol. Law. The power to pass ordinary laws. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 284]. Ordinary loss. Any loss from the sale or exchange of property which is not a capital asset. [Sec. 22 NIRC, as amended]. Ordinary purchaser. A purchaser accustomed to buy, and therefore to some extent familiar with, the goods in question. [Dy Buncio v. Tan Tiao Bok, 42 Phil. 190 (1921)]. Ordinary repairs. Such repairs as are required by the wear and tear due to the natural use of the thing and are indispensable for its preservation. Should the usufructuary fail to make them after demand by the owner, the latter may make them at the expense of the usufructuary. [Art. 592, CC]. Ordinary will. Also Attested will. A will the execution of which is governed by Arts. 804 to 809 of the Civ. Code. [Caneda v. CA, GR 103554. May 28, 1993]. Ordnance. Military materiel, such as weapons, ammunition, combat vehicles, and equipment.
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Ore. 1. A naturally occurring substance or material from which a mineral or element can be mined and/or processed for profit. [Sec. 3, RA 7942]. 2. A mineral or aggregate of minerals which contain sufficient grade and quantity to be mined and beneficiated at a profit. The mineral or rock can be further described depending on the major element contained e.g., copper ore, gold ore, chromite ore, etc. Ore transport permit. The permit specifying the origin and quantity of nonprocessed mineral ores or minerals which shall be required for their transport. Transport permits shall be issued by the mines regional director who has jurisdiction over the area where the ores were extracted. [Sec. 53, RA 7942]. Organ. From Gr. organon: tool or instrument. An agency that carries on specific functions within a larger organization. Organ bank storage facility. A facility licensed, accredited or approved under the law for storage of human bodies or parts thereof. [Sec. 2, RA 7170]. Organ donation. The donation of a biological tissue or an organ of the human body from a living or dead person to a living recipient in need of a transplantation. Organ Donation Act of 1991. RA 7170 entitled An Act authorizing the legacy or donation of all or part of a human body after death for specified purposes enacted on Jan. 7, 1992. Organ rape. See Penile rape. Organ transplant. An operation moving an organ from one organism (the donor) to another (the recipient). Organic. The particular farming and processing system, described in the standards and not in the classical chemical sense. The term "organic" is synonymous in other languages to "biological" or "ecological". It is also a labeling term that denotes products considered organic based on the Phil. Natl. Standards for organic agriculture. [Sec. 3, RA 10068]. Organic Agriculture Act of 2010. RA 10068 entitled An Act Providing for the Development and Promotion Of Organic Agriculture In the Phils. and for Other Purposes enacted on Apr. 6, 2010. Organic agriculture. [This] includes all agricultural systems that promote the ecologically sound, socially acceptable, economically viable and technically feasible production of food and fibers. Organic agricultural dramatically reduces external inputs by refraining from the use of chemical fertilizers, pesticides and pharmaceuticals. It also covers areas such as, but not limited to, soil fertility management, varietal breeding and selection under chemical and pesticidefree conditions, the use of biotechnology and other cultural practices that are consistent with the principles and policies of RA 10068, and enhance productivity without destroying the soil and harming farmers, consumers and the environment as defined by the International Federation of Organic Agricultural Movement (IFOAM): Provided, That the biotechnology herein to shall not include genetically modified organisms of GMOs. [Sec. 3, RA 10068].
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Organic food establishment. An entity, whether local or foreign, that produces inputs acceptable for organic agriculture. [Sec. 3, RA 10068]. Organic peroxide. A strong oxidizing organic compound which releases oxygen readily. it causes fire when in contact with combustible materials esp. under conditions of high temperature. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Organic production system. A system designed to: (1) enhance biological diversity within the whole system; (2) increase soil biological activity; (3) maintain long-term soil fertility; (4) recycle wastes of plant and animal origin in order to return nutrients to the land, thus minimizing the use of nonrenewable resources; (5) rely on renewable resources in locally organized agricultural system; (6) promote the healthy use of soil, water and air as well as minimize all forms of pollution thereto that may result from agricultural practices; (7) develop and promote the use of biotechnology in agriculture; (8) handle agricultural products with emphasis on careful processing methods in order to maintain the organic integrity and vital qualities of the product at all stages; and (9) become established on any existing farm through a period of convention, the appropriate length of which is determined by site-specific factors such as the history of the land, and type of crops and livestock to be produced. [Sec. 3, RA 10068]. Organized establishment. A firm or company where there is a recognized or certified exclusive bargaining agent. [Sec. 1, Rule 1, Book 5, IRR of LC]. Organized or Syndicated crime group. 1. A group of 2 or more persons collaborating, confederating or mutually helping one another in the commission of any organized or syndicated crime. [Sec. 1, PD 1731]. 2. A group of 2 or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime. [People v. Esparas, GR 120034. July 10, 1998]. Organized or syndicated crime. Any crime committed by an organized or syndicated crime group, incl., but not limited to, arson, robbery (hold-up), kidnapping for ransom, prostitution, illegal recruitment, carnapping, smuggling and piracy, cattle rustling, illicit drug trafficking, labor rackets, land title rackets, manufacture and/or circulation of fake documents, license, stamps, currencies, and other govt. forms, counterfeiting and bank frauds, consumer frauds and other illegal activities of such groups. [Sec. 1, PD 1731]. Orgasm. Legal Med. The peak or climax of sexual excitement. In men, semen ejaculates from the penis and in women, the muscles surrounding the vagina contracts rhythmically. At orgasm, both men and women experience increased muscle turgor throughout the body and contractions of the pelvic muscles that peak to a most pleasurable mental and physical gratification. [Olarte, Legal Med., 1st Ed. (2004), p. 112]. Origin. The beginning of something's existence. Origin of the property. Succ. In reserva troncal, the person - who should be an ascendant, brother or sister - from whom the descendant-propositus ac-
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quired the property. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 255]. Original. Preceding all others in time; first. Original appointment. Civ. Serv. The initial entry into the career service of persons who meet all the requirements of the position. [Sec. 4(a), Rule II, 1998 CSC Omnibus Rules on Appointments and Other Personnel Actions]. Original cost. For newly acquired machinery not yet depreciated and appraised within the year of its purchase, the actual cost of the machinery to its present owner (plus the cost of transportation, handling and installation at the present site). [Sec. 3, PD 464]. Original jurisdiction. 1. The power of the Court to take judicial cognizance of a case instituted for judicial action for the 1st time under conditions provided by law. [Garcia v. De Jesus, GR 88158. Mar. 4, 1992]. 2. Jurisdiction to take cognizance of a cause at its inception, try it and pass judgment upon the law and facts. [Ong v. Parel, GR 76710. Dec. 21, 1987, pp. 673 and 1251]. Compare with Appellate jurisdiction. Original legislative power. 1. Power possessed by the sovereign people. [Garcia v. Comelec, GR 111230. Sep. 30, 1994]. 2. Power belonging to the sovereign people which is supreme. [Suarez, Stat. Con., (1993), p. 52]. Compare with Derivative legislative power. Original sale. The 1st sale by every manufacturer, producer or importer. [Sec, 5, CA 503]. Original title. An original acquisition with the right thus acquired to the thing becoming property, which must be unqualified and unlimited, and since no one but the occupant has any right to the thing, he must have the whole right of disposing of it. Originality. Creative effort invested by an author into raw materials that gives them a new quality or character. Originate. To come into being; begin; to start. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. Originator. 1. The person or entity which was the original obligee of the assets, such as financial institution that grants a loan or a corporation in the books of which the Assets were created in accordance with the plan for securitization as approved by the SEC. [Sec. 3, RA 9267]. 2. A person by whom, or on whose behalf, the electronic document purports to have been created, generated and/or sent. The term does not include a person acting as an intermediary with respect to that electronic document. [Sec. 5, RA 8792]. Orphan. A person who has lost one or both of his natural parents. OSCA. See Office for Senior Citizens Affairs. Oscuridad. Sp. Night time; middle of the night. See also Nighttime. OSH. See Occupational safety and health. Ostensible. Apparent; visible; exhibited. Ostensible act. The contract that the parties pretend to have executed. [Villegas v. Rural Bank of Tanjay, Inc., GR
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161407, June 5, 2009]. Compare with Hidden act. Ostensible agency doctrine. A legal doctrine that is used to hold someone [the principal] liable for the acts of a 3rd party [the agent] because the 3rd party looks like the agent of that person. See Ostensible authority doctrine. Ostensible agent. A person who has been given the appearance of being an employee or acting [an agent] for another [principal], which would make anyone dealing with the ostensible agent reasonably believe he/she was an employee or agent. Ostensible authority. The power that a principal, either by design or through the absence of ordinary care, permits others to believe his or her agent possesses. Ostensible authority doctrine. Also known as Apparent authority doctrine. The doctrine holding that if a corporation knowingly permits one of its officers, or any other agent, to do acts within the scope of an apparent authority, and thus holds him out to the public as possessing power to do those acts, the corporation will, as against any one who has in good faith dealt with the corporation through such agent, be estopped from denying his authority [Prudential Bank v. CA, GR 103957, June 14, 1993]. Osteoarthritis. A disease characterized by thinning or degeneration of cartilage and of bone in some parts of the joint. It is a part of the ageing process of the people afflicted with it. Other assets. Investments or intangible assets, such as cash on hand or in bank, negotiable instruments, securities, stocks and bonds. [CSCs Guidelines on the use of the rev. SALN form]. Other crimes against humanity. Any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Willful killing; (b) Extermination; (c) Enslavement; (d) Arbitrary deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, sexual orientation or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this par. or any crime defined in RA 9851; (i) Enforced or involuntary disappearance of persons; (j) Apartheid; and (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. [Sec. 6, RA 9851]. Other cruel, inhuman and degrading treatment or punishment. A deliberate and aggravated treatment or punishment not enumerated under Sec. 4 of RA 9745, inflicted by a person in authority or agent of a person in authority against a person under his/her custody, which attains a level of severity causing suffering, gross humiliation or debasement to the latter. [Sec. 3, RA 9745].
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Other purposes. The phrase appended to the title of a law referring to such purposes as are merely subordinate to and cognate with the general subject therein expressed. Other Self-earning Individuals. Health Ins. Individuals who render services or sell goods as a means of livelihood outside of an employer-employee relationship, or as a career, but do not belong to the informal sector. These include businessmen, entrepreneurs, actors, actresses and other performers, news correspondents, professional athletes, coaches, trainers, and other individuals as recognized by the DOLE and/or the BIR. [Sec. 3, RA 10606]. Ought. A verb synonymous to the auxiliary verb should. Ounce. Troy ounce which is 1/12 part of a pound of 5.760 grains, or 480 grains of 31.1035 grams. [Sec. 1, RA 6364]. Outer space. Intl. Law. 1. Considered as res communes, the rules governing the high seas apply to it. States have the right to launch satellites in orbit over the territorial airspace of other state. [Sandoval, Pol. Law Reviewer 2003]. 2. The universe and its celestial bodies above and beyond the earth's atmosphere. Outer space treaty. Intl. Law. 1. The outer space is free for exploration and use by all states; it cannot be annexed by any state; and it may be used exclusively for peaceful purposes. Thus, nuclear weapons of mass destruction may not be placed in orbit around the earth. [Sandoval, Pol. Law Reviewer 2003]. 2. Treaty on principles governing the activities of states in the exploration and use of outer space incl. the moon and other celestial bodies. Out-of-court identification. Identification conducted by the police in various ways. It is done thru show-ups where the suspect alone is brought face to face with the witness for identification. It is done thru mug shots where photographs are shown to the witness to identify the suspect. It is also done thru line-ups where a witness identifies the suspect from a group of persons lined up for the purpose. [People v. Teehankee, GR 111206-08. Oct. 6, 1995]. Out-of-court settlement. An agreement bet. 2 litigants to settle a matter privately before the Court has rendered its decision. Out-patient Services. Health Ins. Health services such as diagnostic consultation, examination, treatment, surgery and rehabilitation on an out-patient basis. [Sec. 3, RA 10606]. Output tax. The value-added tax due on the sale or lease of taxable goods or properties or services by any person registered or required to register under Sec. 236 of the NIRC. [Sec. 110, NIRC, as amended]. Compare with Input tax. Outside-of-the-freedom-period rule. Labor. The rule that a petition filed before or after the 60-day freedom period shall be dismissed outright. [Liberty Commercial Center, Inc. v. Calleja, GR 81269. July 19, 1989]. Outsource. 1. To obtain [oods or a service from an outside supplier, esp. in place of an internal source. 2. To contract a work out.
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Outsource entity. Any accredited 3rd party provider to whom the Credit Information Corp. may outsource the processing and consolidation of basic credit data pertaining to a borrower or issuer of debt or convertible securities under such qualifications, criteria and strict confidentiality guidelines that the Corporation shall prescribe and duly publish. [Sec. 3, RA 9510]. Outstanding. That stands out; undischarged; uncollected; not paid. Outstanding balance. 1. The amount of money owed, [or due], that remains in a deposit account [or a loan account] at a given date, after all past remittances, payments and withdrawal have been accounted for. 2. The amount of money that one still owes on a loan as of Dec. 31 of the preceding calendar year. [CSCs Guidelines on the use of the rev. SALN form]. Outstanding capital stock. Corp. Law. 1. The portion of the capital stock which is issued and held by persons other than the corporation itself. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53]. 2. The total shares of stock issued to subscribers or stockholders, whether or not fully or partially paid (as long as there is a binding subscription agreement), except treasury shares. [Sec. 137, Corp. Code]. Also Issued capital stock. Outstanding shares. Stocks currently held by investors, incl. restricted shares owned by the company's officers and insiders, as well as those held by the public. Overbreadth. A term used to describe a statute that prohibits certain behavior, but in so doing also restricts or inhibits behavior that is constitutionally guaranteed. Overbreadth doctrine. Consti. Law. 1. The doctrine that states that the law is unconstitutional if it is too broad, that it an ordinary man could not readily distinguish or know whether he violated the law or not. 2. An analytical tool developed for testing "on their faces" statutes in free speech cases, also known under the Amer. Law as First Amendment cases. [Concurring Op. of J. Mendoza in Estrada v. Sandiganbayan, GR 148560, Nov. 19, 2001]. Compare with Void for vagueness doctrine. Overdraft. The act of checking out more money than one has on deposit in a bank, and it may be either a legitimate method of borrowing the money or an illegitimate and criminal method of obtaining it through the connivance of the person from whom it is obtained. Overhauling. The cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle. [Sec. 2, RA 6539]. Over-insurance. Ins. It results when the insured insures the same property for an amount greater than the value of the property with the same insurance company. Overissued shares. Corp. Law. Those issued beyond the authorized capital stock and considered void. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Overloading. The use of one or more electrical appliances or devices which draw or consume electrical current be-
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yond the designed capacity of the existing electrical system. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Overpricing. The sale of petroleum and/or petroleum products at prices in excess of those duly authorized by the Govt. [Sec.2, PD 1865; Sec. 3, BP 33]. Override of a veto. The process by which each chamber of Congress votes on a bill vetoed by the Pres. To pass a bill over the President's objections requires a 2/3 vote in each house. Overrule. A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error. Overrun. An excess over the quantity ordered. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Overseas. From, to, or relating to a foreign country, esp. one across the sea. Overseas absentee voter. A citizen of the Phils. who is qualified to register and vote under RA 9189, not otherwise disqualified by law, who is abroad on the day of elections. [Sec. 3, RA 9189]. Overseas absentee voters, Certified list of. The list of registered overseas absentee voters whose applications to vote in absentia have been approved by the Commission on Election (COMELEC), said list to be prepared by the Committee on Absentee Voting of the Commission, on a country-by-country basis. [Sec. 3, RA 9189]. Overseas Absentee Voting Act of 2003, The. RA 9189 entitled An Act Providing for a System of Overseas Absentee Voting By Qualified Citizens of the Phils. Abroad, Appropriating Funds Therefor, and for Other Purposes enacted on Feb. 13, 2003. Overseas employment. 1. Employment of a worker outside the Phils., incl. employment on board vessels plying international waters, covered by a valid contract. [Eastern Shipping Lines v. POEA, GR L-76633. Oct. 18, 1988]. Overseas Filipino investor. An individual citizen of the Phils. who is working abroad, incl. one who has retained or reacquired his Phil. citizenship under RA 9225, otherwise known as the "Citizenship Retention and Reacquisition Act of 2003. [Sec. 3, RA 9856]. Overseas Filipino worker (OFW). A person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non-commercial purposes or on an installation located offshore or on the high seas; to be used interchangeably with migrant worker. [Sec. 2, RA 10022]. Overseas Filipinos. Migrant, workers, other Filipino nationals and their dependents abroad. [Sec. 2, IRR, RA 8042]. Overseas project. A construction or consultancy project undertaken or will be undertaken by a contractor outside the territorial boundaries of the Rep. of the Phils., and paid for in acceptable or freely convertible foreign currency. [Sec. 3, PD 1167].
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Overseas Voter. A citizen of the Phis. who is qualified to register and vote under RA 10590, not otherwise disqualified by law, who is abroad on the day of elections. [Sec. 2, RA 10590]. Overseas Voting. The process by which qualified citizens of the Phils. abroad exercise their right to vote. [Sec. 2, RA 10590]. Overt. Done or shown openly; plainly or readily apparent, not secret or hidden. Overt act. 1. Every act, movement, deed and word of a person indicating intent to accomplish a criminal objective. [Umil v. Ramos, GR 81567. July 9, 1990]. 2. An outward act done in pursuance and manifestation of a criminal intent or design. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 35]. Overtaking. Passing another vehicle proceeding on the same direction. [Sec. 41(a), RA 4136]. Overtime. Time in addition to what is normal, esp. time worked beyond one's scheduled working hours. Overtime pay. The additional compensation payable to employee for services or work rendered beyond the normal eight hours of work. It is computed by multiplying the overtime rate with the number of hours in excess of the regular eight hours of work. Overtime work. Work performed beyond 8 hours a day, provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least 25% thereof. Work performed beyond 8 hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate for the 1st 8 hours on a holiday or rest day plus at least 30% thereof. [Art. 87, LC]. Oviparous. A condition in which the vagina which had just delivered a baby leaves the vaginal barrel loose. The entry of a penis will leave no significant trace. [People v. Bacalso, GR 94531-32. June 22, 1992]. Own damage. Ins. Damage to the insured's own vehicle. Own damage clause. Ins. A clause in an automobile insurance policy which covers the risks insured against, namely: (a) damage or loss caused by accident or fortuitous events; and (b) that caused by malicious or intentional act committed by 3rd persons. Owner. 1. The person who holds the legal right of possession or title to a building or real property. [Sec. 3, RA 9514]. 2. The person registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship. However, in case of a ship owned by a State and operated by a company which in that State is registered as the ships operator, "Owner" shall mean such company. [Sec. 3, RA 9483]. 3, Any person keeping, harboring or having charge, care or control of a dog incl. his/her representative. [Sec. 3, RA 9482]. Owner or Lessor. 1. [It] shall include the owner or administrator or agent of the owner of the residential unit. [Sec. 3, RA 9653]. 2. The owner or administrator or agent of the owner of the residential unit. [Sec. 2, BP 25; Sec.4, RA 9161]. 3. The person who holds the legal right of
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possession or title to a building or real property. [Sec. 3, PD 1185]. Owner-cultivators. Natural persons who own lands by purchase, inheritance, or land distribution by the State. Ownercultivators can operate the farm themselves, supervise wage labor or delegate operations to farmers. [Sec. 3, RA 10000]. Owner-manager. The owner of a parcel of land devoted to agricultural production who provides the capital and management in the farm enterprise. [Sec. 166, RA 3844]. Ownership. A relation in law by virtue of which a thing pertaining to one person is completely subjected to his will in everything not prohibited by law or the concurrence with the rights of another [Tatad v. Garcia, GR 114222. Apr. 6, 1995]. Ownership. How acquired: Ownership is acquired by occupation and by intellectual creation. [Art. 712, CC]. Ownership and other real rights over property; how acquired and transmitted. Ownership and other real rights over property are acquired and transmitted by law, by donation, by estate and intestate succession, and in consequence of certain contracts, by tradition. They may also be acquired by means of prescription. [Art. 712, CC]. Ownership interest. The ownership interest of 3rd parties in property held by the debtor, incl. those covered by trust receipts or assignments of receivables. [Sec. 4, RA 10142]. Ownership Manuals. Guidelines and rules pertaining to the ownership by the State or corporations and enterprises or the exercise of such ownership governing the GOCCs or any classification thereof. [Sec. 3, RA 10149]. Oxidize. Combine or become combined chemically with oxygen. Oxidizing material. A material that readily yields oxygen in quantities sufficient to stimulate or support combustion. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Oxygenate. Substances, which, when added to gasoline, increase the amount of oxygen in that gasoline blend. [Sec. 3, RA 9367].
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-PPachyderm. Thick-skinned. [People v. Aquino, GR L-23908. Oct. 29, 1966]. Pacific blockade. Intl. Law. 1. An act of reprisal by which the vessels of the offending state are prevented from entering or leaving its ports by the ships of the state seeking redress. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 126]. 2. A method for forcible settlement of an international dispute without the use of arms. It is a naval operation the purpose of which is to prevent entrance to the ports of the offending State of properties destined therefor, particularly vessels. The ultimate objective is to force the offending State to amend its ways or to provide for redress of the grievance against it. [Paras, citing Fenwick, Intl. Law, p. 437]. Pacific or Civil embargo. Intl. Law. An instance where the properties, vessels or aircraft belong to the state that is detaining. [Fenwick, Intl. Law, p. 435]. Package. A bundle made up for transportation; a packet; a bale; a parcel; or that in which anything is packed; a box, a case, barrel, crate., etc., in which goods are packed: a container. [Caltex (Phil.) Inc. v. Manila Port Service, GR L-21055. Aug. 31, 1966, 2nd Ed., p, 1750]. Package or Packaging. 1. Any container or wrapping in which any consumer product is enclosed for use in the delivery or display of that consumer product to retail purchasers. [Art. 4, RA 7394]. 2. Pack, boxes, cartons or containers of any kind in which any tobacco product is offered for sale to consumers. [Sec. 4, RA 9211].
Packing materials. They include leaves, straw, bark and other plant materials used as wrapping, packing, or converting and are capable of harboring plant pets. [Sec. 2, PD 1433]. Pact. Intl. Law. A treaty surrounded by a special atmosphere of sentiment, with an intention to guaranty, such as treaties of friendship. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 493]. Pacta. Lat. Agreements or promises. Pacta privata juri publico derogare non possunt. Lat. Private agreements bet. parties cannot derogate from public right. [Peftok Integrated Services, Inc. v. NLRC, GR 124841. July 31, 1998]. Pacta sunt servanda. Lat. Agreements must be kept or international agreements must be performed in good faith. A treaty engagement is not a mere moral obligation but creates a legally binding obligation on the parties. A state which has contracted valid international obligations is bound to make in its legislations such modifications as may be necessary to ensure the fulfillment of the obligations undertaken. [Taada v. Angara, GR 118295. May 2, 1997]. Compare with Rebus sic stantibus. Pacto. Sp. Agreement. A consideration which induces one to commit a crime. [Aquino, RPC, 1976 Ed., Vol. 1, p. 431]. Compare with Precepto. Pacto commissorio. Sp. A provision for the automatic appropriation of the pledged or mortgaged property by the creditor in payment of the loan upon its maturity. The prohibition against a pacto commissorio is intended to protect the obligor, pledgor, or mortgagor against
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being overreached by his creditor who holds a pledge or mortgage over property whose value is much more than the debt. [Yau Chu v. CA, GR 78519. Sep. 26, 1989]. Also called Pactum commissorium. Pacto de retro. Sp. A sale with right of repurchase within a certain period of time. [Torres, Oblig. & Cont., 2000 Ed., p. 353]. Pacto de retro sale. A sale that transfers the legal title to the vendee a retro. Its essence is that the title and ownership of the property sold are immediately vested in the vendee a retro, subject to the resolutory condition of repurchase by a vendor a retro to repurchase the property within the period agreed upon by them, or, in the absence thereof, as provided by law, vests upon the vendee a retro absolute title and ownership over the property sold by operation of law. [Cadungog v. Yap, GR 161223, Sept. 12, 2005]. Pactum. In Roman law, an informal agreement bet. 2 or more persons containing one or more promises and usu. legally unenforceable even when supported by a sufficient consideration. Pactum commissorium. A stipulation for automatic vesting of title over the security in the creditor in case of the debtor's default. [Fernandez Vda. de Zulueta v. Octaviano, GR L-55350. Mar. 28, 1983]. Also called Pacto commissorio Pactum commissorium. Elements: (a) That there should be a pledge or mortgage wherein a property is pledged or mortgaged by way of security for the payment of the principal obligation; and (b) that there should be a stipulation for an automatic appropriation by the creditor of the thing pledged or mortgaged in the event of non-payment of the principal obligation within the stipulated period. [Uy Tong v. CA, GR 77465. May 21, 1988]. Pactum contrahendi. Intl. Law. An agreement by a State to conclude a later and final agreement. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. Pactum reservati dominii. Also Contractual reservation of title. 1. The stipulation in a contract that ownership in the thing shall not pass to the purchaser until he has fully paid the price. [Art. 1478, CC]. 2. The reservation by the seller under the terms of a contract of sale of specific goods of his right of possession or ownership in the goods until certain conditions have been fulfilled. The right of possession or ownership may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer. [Art. 1503, CC]. 3. A stipulation common in sales on installment where the ownership of the property may still be with the seller until full payment of the price is made. [Jovellanos v. Ca, GR 100728. June 18, 1992; Art. 1478, CC]. PAGCOR. Phil. Amusements and Gaming Corp. Pag-IBIG. Acronym for Pagtutulungan sa Kinabukasan - Ikaw, Bangko, Industriya at Gobyerno. Pag-IBIG Fund. See Home Development Mutual Fund (HDMF).
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Paid-up capital stock. That portion of the subscribed or outstanding capital stock that is actually paid. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53]. Pairing system. A system established under Circular 7 dated Sep. 23, 1974 of the Sup. Court whereby every branch of the RTC shall be considered as paired with another branch. In the event of vacancy in any branch, or of the absence or disability of the judge thereof, all incidental or interlocutory matters pertaining to it may be acted upon by the judge of the other branch paired with it. The latter may likewise conduct trials or hearings on the merits in criminal cases with detention prisoners assigned to the other branch, as well as in other kinds of cases, subject to the conformity of the parties. [SC Circ. 7, Sep. 23, 1974]. Pakyao. Labor. A labor contract whereby a worker is paid by results. It is akin to a contract for a piece of work whereby the contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or consideration. The contractor may either employ his labor or skill, or also furnish the material. [Dingcong v. Guingona, Jr., GR L76044. June 28, 1988]. Pakyao or Takay workers. Labor. Those whose job or work to be performed is in bulk or volumes which are difficult to quantify. This is commonly practiced in the agricultural industry. Pakyaw system. Labor. As generally practiced in our country, a labor contract bet. employers and employees, bet. capitalists and laborers. [Sunripe Coconut Products Co. v. Court of Industrial Relations, 83 Phil. 518, 523]. Palataw. Tag. Axe. [Angelo v. CA, GR 88392. June 26, 1992]. Palawan. The Phil. province composed of islands and islets located 747' and 1222' north latitude and 11700' and 11951' east longitude, generally bounded by the South China Sea to the northwest and by the Sulu Sea to the east. [Sec. 3, RA 7611]. Palengke. Tag. Also Common open markets. 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]. Paltik. Tag. Home-made gun. [People v. Morados, GR 46973. Nov. 19, 1940]. Palusong. Tag. Also Bayanihan. The Filipino practice of exchange of labor system. Also commonly known as "amuyo" or "tagnawa" in the Ilocos regions and "salibot" or "ayon-ayon" in the Western Visayas. [De Guzman v. Santos, GR L-16568. Nov. 30, 1962]. Panamax vessel. Vessel or ship of about 60,000 to 70,000 dead weight tons capacity. [Sec. 1.2, IRR, EO 354 dated 5 July 1996]. Pancreatic carcinoma. A malignant new growth of the said organ, characterized by loss of weight, pain and yellowish discoloration of the skin. It affects predominantly patients over 45 years of age. Predisposing factors are age, sex, genetic influence and presence of diabetes mellitus. [Navalta v. GSIS, GR L46684. Apr. 27, 1988].
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Pandectists. From Lat. pandect: all receiving. Scholars who attempted to prepare a pandect, or complete and comprehensive treatise or digest of the law. Pander. To gratify or indulge an immoral or distasteful desire, need, or habit or a person with such a desire, etc. Pandering. The act of offering, advertising, promoting, representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of the actual content of the material or purported material. [Sec. 3, RA 9775]. Pangkat. Tag. Group. Pangkat ng Tagapagkasundo. A conciliation panel constituted for each dispute brought before the Lupong Tagapamayapa consisting of 3 members who are chosen by the parties to the dispute from the list of members of the Lupon. [Art. 197, IRR of RA 7160]. Panic. Legal Med. Acute and extreme anxiety with accompanying physiologic symptoms. [Olarte, Legal Med., 1st Ed. (2004), p. 126]. Panic-buying. The abnormal phenomenon where consumers buy basic necessities and prime commodities grossly in excess of their normal requirement resulting in undue shortages of such goods to the prejudice of less privileged consumers. [Sec. 3, RA 7581]. Panning. Recovering gold by the use of open round wooden or metal containers disphan-like in appearance by skillful manipulation with hands. [Sec. 12, PD 1150]. PAO. See Public Attorneys Office. Paper caps. Minute amount of black powder spread in either small strips of paper on a small sheet used for children's toy guns. [Sec. 2, RA 7183]. Par. Equal. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63]. Par in parem non habet imperium. Lat. 1. An equal has no power over an equal. [Jusmag v. NLRC, GR 108813. Dec. 15, 1994]. 2. All states are sovereign equals and cannot assert jurisdiction over one another. [USA v. Guinto, GR 76607. Feb. 26, 1990]. Par of change. See Legal exchange rate. Par value. Face value or value equal to the face of the stocks or bonds. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63]. Par value shares. Corp. Law. 1. Shares issued with a specific money value fixed in the articles of incorporation and appearing in the certificate of stock. Its primary purpose is to fix the minimum subscription or issue price of the shares, thus assuring creditors that the corporation would receive a minimum amount for its stock. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 60]. 2. Shares issued by a company which have a minimum price. Compare with No par value shares. Para. A prefix which indicates "beside" or "beyond." Paraffin. A waxy white or colorless solid hydrocarbon mixture used to make candles, wax paper, lubricants, and sealing materials. Also called Paraffin wax.
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Paraffin test. 1. A test to reveal whether the person tested has within recent hours fired a gun. 2. A test to determine the presence of nitrates or gunpowder residues. [People v. Saulog, GR 48850. Jan. 31, 1944]. Also Nitrate test. Paraffin wax. See Paraffin. Paragraphs. The division of the allegations in the body of a pleading into paragraphs so numbered as to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by its number in all succeeding pleadings. [Sec. 2(a), Rule 7, RoC]. Paralegal. 1. A person who is not a lawyer or is not acting in that capacity but who provides a limited number of legal services. 2. Also, Legal assistant. A person with legal skills who works under the supervision of a lawyer. Paramour. One who loves or is loved illicitly; one taking the place without the legal rights of a husband or wife; mistress - called also lover. [Fernandez v. Lantin, GR L-44759. Dec. 17, 1976, 1971 ed., p. 1638]. Paraphernal. The personal articles, apart from dower, reserved by law to a married woman. Paraphernal property. 1. That which the wife brings to the marriage without incl. it in the dowry, and that which she later acquires without adding it thereto. the wife retains the ownership over such property; the husband cannot exercise any action of any sort with respect to such property without the intervention or consent of his wife, who has the management of said property, unless she has made it over to him before a notary in order that he may administer it, in which case the husband is bound to give a mortgage for the value of the personal property received by him, or to give security therefor in the manner provided for in dowered estate. The husband's personal obligations shall not be collected from the income of the paraphernal property, unless it be proved that the have been for the benefit of the family. [Arts. 135 to 141, CC]. 2. The real and personal property of any married woman which she may have at the time of marriage, or which she may thereafter acquire, which shall not be subject to the disposal of her husband, nor be liable for his debts, but shall continue to be her sole and separate property as if she were a femme sole. [Ossorio v. Posadas, GR 31088. Dec. 3, 1929]. 3. Property brought by the wife to the marriage, as well as all property she acquires during the marriage. [CSCs Guidelines on the use of the rev. SALN form]. Paraphilia. Unusual sexual activity in which children are the preferred sexual object. [Harvey v. Defensor-Santiago, GR L-82544. June 28, 1988, 1971 Ed., p. 1665]. Parcel. 1. A rectangular box, the dimension and weight of which is as specified by the Corp. or the Govt. containing goods or some form of transportable property intended for delivery to an addressee prominently displayed on at least 1 of its sides. [Sec. 2, RA 7354]. Parcel of land. Tract; an extended area of land. Pardon. Crim. Law. 1. An act of grace proceeding from the power entrusted
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with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. It is a voluntary act of the sovereign, granting outright remission of guilt and declaring of record that a particular individual is to be relieved of the legal consequences of a particular crime. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. 2. An act of grace from governing power which mitigates punishment and restores rights and privileges forfeited on account of the offense. Pardon. Crim. Law. Exemption of a convicted person from the penalties of an offense or crime by the power of the executor of the laws. Pardon. Succ. The act of the testator who, having subsequently known the cause of unworthiness of the heir, should condone them in writing. Pardon by the offended party. Crim Law. It does not extinguish criminal action except as provided in Art. 344 of the RPC [when the injured party has pardoned the offender in crimes of adultery, concubinage, and other private crimes; provided that such pardon is given before the institution of the criminal action]; but civil liability with regard to the interest of the injured party is extinguished by his express waiver [Art. 23, RPC]. Pardoning power of the President. Consti. Law. The power of the Pres. to grant, except in cases of impeachment, or as otherwise provided in the Consti., reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment, and to grant amnesty with the concurrence of a majority of all the Members of the Congress. [Sec. 19, Art. VII, 1987 Consti.]. Parens patriae. Lat. Parent of the country. 1. Role of State as sovereign and guardian of persons under legal disability. 2. The right of the courts to make unfettered decisions concerning people who are not able to take care of themselves. For example, courts can make custody decisions regarding a child or an insane person, even without a statute law allowing them to do so, based on their residual, common law-based parens patriae jurisdiction. Parens patriae (Father of his country) doctrine. The doctrine refers to the inherent power and authority of the state to provide protection of the person and property of a person non sui juris. Under that doctrine, the state has the sovereign power of guardianship over persons under disability. Thus, the state is considered the parens patriae of minors. [Govt. of the P. I. v. Monte de Piedad, 35 Phil. 728, 747]. See also Doctrine of parens patriae. Parent. 1. Civ. Law. The biological or adoptive parent or legal guardian of a child. [Sec. 3, RA 10165]. 2. Corp. Law. A corporation which has control over another corporation directly or indirectly through one or more intermediaries. [Sec. 4, RA 10142; Sec. 3, RA 9856; Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. Parent corporation. Also Holding corporation. A corporation which is so related to another corporation that it has the power, either directly or indirectly, to elect the majority of the directors of such other corporation. [De Leon, Corp. Code
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of the Phil. Annotated, 1989 Ed., p. 39]. Compare with Subsidiary corporation. Parent education. 1. The various means of providing parents or legal guardians information about newborn screening. [Sec. 4, RA 9288]. 2. The various formal and alternative means of providing parents with information, skills, and support systems to assist them in their roles as their children's primary caregivers and educators. These include public and private parent education programs linked to center, home and media-based child care and education programs. [Sec. 4, RA 8980]. Parental advice. Fam. Law. The advice upon the intended marriage which any contracting party bet. the age of 21 and 25 is obliged to ask from their parents or guardian. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after 3 months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. [Art. 15, FC]. Parental and filial privilege. Rem. Law. The privilege of a person against being compelled to testify against his parents, other direct ascendants, children or other direct descendants. [Sec. 25, rule 130, RoC]. Parental authority. Also known in Roman law as Patria potestas. 1. The authority and responsibility of the parents in caring for and rearing their unemancipated children for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. [Art. 209, FC]. 2. The mass of rights and obligations which parents have in relation to the person and property of their children, until their majority age or emancipation, and even after this under certain circumstances. [Comments & Jurisp. on the Civ. Code, Tolentino, Vol. I, 1983 ed]. Parental consent. Fam. Law. The consent to the marriage manifested in writing by the father, mother, surviving parent or guardian, or persons having legal charge of the contracting party, in the order mentioned, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of 2 witnesses and attested before any official authorized by law to administer oaths and exhibit[ed] to the local civil registrar by the contracting party, not having been emancipated by a previous marriage, [who] is bet. the ages of 18 and 21. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. [Art. 14, FC]. Parental leave of a solo parent. Leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required. [Sec. 3, RA 8972]. Parental liability principle. A species of what is frequently designated as vicarious liability, or the doctrine of "imputed negligence" under Anglo-Amer. tort law, where a person is not only liable for torts committed by himself, but also for torts committed by others with whom he has
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a certain relationship and for whom he is responsible. Thus, parental liability is made a natural or logical consequence of the duties and responsibilities of parents - their parental authority - which includes the instructing, controlling and disciplining of the child. [Tamargo v. CA, GR 85044. June 3, 1992]. Parental preference rule. The rule that a natural parent, father or mother, as the case may be, who is of good character and a proper person to have the custody of the child and is reasonably able to provide for such child, ordinarily is entitled to the custody as against all persons. Accordingly, such parents are entitled to the custody of their children as against foster or prospective adoptive parents; and such entitlement applies also as against other relatives of the child, incl. grandparents, or as against an agency or institution. [Luna v. IAC, GR L-68374. June 18, 1985]. Parental responsibility. With respect to their minor children, the rights and duties of the parents as defined in Art. 220 of EO 209, as amended, otherwise known as the Family Code of the Phils. [Sec. 3, RA 8972]. Parenthetical. Set off within or as if within parentheses; qualifying or explanatory. Parenthetically. Incidentally, by the way, in passing, by way of explanation. Pari. Lat. Equal. Pari delicto. Lat. 1. Equal fault. [Baksh v. CA, GR 97336, Feb. 19, 1993]. 2. In equal fault; in a similar offense or crime; equal in guilt or in legal fault. Pari delicto doctrine. The doctrine under which no recovery can be made in favor of the plaintiffs for being themselves guilty of violating the law. [Ponce v. CA, GR L-49494 May 31, 1979]. Pari delicto non oritur actio. Lat. Where 2 persons are equally at fault neither party may be entitled to relief under the law. [Egao v. CA, GR 79787. June 29, 1989]. Pari materia. Lat. Relating to the same matter. Statutes are said to be in pari materia when they relate to the same person or thing, or to the same class of persons or things, or have the same purpose or object. [City of Naga v. Agna, May 31, 1976]. Pari materia rule. When statutes are in pari materia, the rule of Stat. Con. dictates that they should be construed together. This is because all enactments of the same legislature on the same subject matter are supposed to form part of one uniform system; that later statutes are supplementary or complimentary to the earlier enactments and in the passage of its acts the legislature is supposed to have in mind the existing legislation on the same subject and to have enacted its new act with reference thereto. [City of Naga v. Agna, May 31, 1976]. Pari passu. Lat. Equal footing or Equitably and without preference. This term is often used in bankruptcy proceedings where creditors are said to be pari passu which means that they are all equal and that distribution of the assets will occur without preference bet. them. Parietal. Of, relating to, attached to, or denoting the wall of the body or of a body cavity or hollow structure.
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Parietal bone. A membrane bone of the roof of the skull. Parietal region. One or 2 bones bet. the occipetal (back) and frontal bones of the skull. Parieto temporal region. A region that is not found in the forehead but bet. the temple on the side of the skull and back part of the head. Parish. A portion or subdivision of a diocese committed to the spiritual jurisdiction or care of a priest or minister, called rector or pastor. In the Protestant Episcopal Church, it is a territorial division usu. following civil bounds, as those of a town. In the Roman Catholic Church, it is usu. territorial, but whenever there are different rites and languages, the boundaries and jurisdiction are determined by rite or language. [Roman Catholic Apostolic Administrator of Davao, Inc. v. Land Registration Commission, GR L-8451. Dec. 20, 1957]. Parity. The state or condition of being equal, esp. regarding status or pay. Parity Rights. An amendment to the 1935 Consti. which granted to Americans equal rights with Filipino citizens to develop and exploit natural resources of the Phils. and to operate public utilities in the country. That was the deal required by the US in exchange for the funds poured into the Phils. for its rehabilitation after the war. Park or Playground. That portion of the subdivision which is generally not built on and intended for passive or active recreation. [Sec. 3, BP 220]. Parking fee. The fee collected from public utility vehicles when they stop on any portion of the existing parking area for the purpose of loading or unloading passengers or cargoes, no fee being charged for mere passage. [City of Ozamis v. Lumapas, GR L-30727. July 15, 1975]. Compare with Toll fee. Parkinson's disease or Parkinsonism. Scientifically known as Paralysis agitans. A core syndrome of the late middle life, occurring in most cases bet. the ages of 50 and 60, observed in all countries, ethnic groups, socio-economic classes and in both sexes, resulting from an excessive loss of melanin pigment and a degeneration of neurones in the substantia nigra, characterized by involuntary tremulous motion, with lessened muscular power in parts of the body which are not in action and even when supported, an expressionless face, poverty and slowness of voluntary movement, stooped posture, rigidity and festinating gait, the senses and intellect being uninjured. [Yosores v. ECC, GR 97346. Mar. 23, 1992] Parliament. A democratic government's legislature. Parliamentary. Relating to, enacted by, or suitable for a parliament. Parliamentary immunities. Pol. Law. The immunities granted to the members of the Congress under Art. VI, Sec. 11 of the 1987 Consti. which provides: "A Senator or Member of the House of Reps. shall, in all offenses punishable by not more than 6 years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee
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thereof." [Mapa v. Sandiganbayan, GR 100295. Apr. 26, 1994]. Parliamentary privilege of speech. Pol. Law. The immunity granted to the members of the Congress under Art. VI, Sec. 11 of the 1987 Consti. from being questioned or from being held liable in any other place for any speech or debate in the Congress or in any committee thereof. See Parliamentary immunities. Parol. Given or expressed orally. Extrinsic. Parol evidence. Evid. 1. That oral evidence presented during the trial of a case with the intention of altering and/or changing the terms of a written contract. [Torres, Oblig. & Cont., 2000 Ed., p. 353]. 2. Oral or verbal evidence; evidence given by word of mouth in court. Parol evidence rule. Evid. 1. The rule of evidence that when the terms of an agreement have been reduced to writing, it is to be considered as containing all the terms agreed upon and there can be, bet. the parties and their successors-in-interest, no evidence of such terms other than the contents of the written agreement. [Sec. 9, Rule 130, RoC]. 2. Under the rule, when the terms of an agreement have been reduced into writing, it is considered as containing all the terms agreed upon, and there can be, bet. the parties and their successors-ininterest, no evidence of such terms other than the contents of the written agreement. However, a party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleading, the failure of the written agreement to express the true intent of the parties thereto. [Mactan-Cebu Intl. Airport Authority v. CA, GR 121506. Oct. 30, 1996; Sec. 9, Rule 130, RoC]. Parol evidence rule. Evid. Exceptions: A party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleading: (a) an intrinsic ambiguity, mistake or imperfection in the written agreement; (b) the failure of the written agreement to express the true intent and agreement of the parties thereto; (c) he validity of the written agreement; or (d) he existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement. [Sec. 9, Rule 130, RoC]. Parole. 1. It consists in the suspension of the sentence of a convict after serving the minimum of the sentence imposed without granting a pardon, prescribing the terms upon which the sentence shall be suspended. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 322]. 2. An early release from incarceration in which the prisoner promises to heed certain conditions [usu. set by a parole board] and under the supervision of a parole officer. Any violation of those conditions would result in the return of the person to prison. 3. Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to termination of his sentence. Parricide. Crim. Law. 1. The felony committed by any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse. [Art. 246, RPC]. 2. Killing one's father or another a family member or close relative.
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Parricide. Crim. Law. Elements: (a) A person is killed; (b) the deceased is killed by the accused; (c) the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused. [People v. Malabago, GR 115686. Dec. 2, 1996]. Part performance. The receipt by one of the parties of a certain sum of deposit from the other to give the latter the opportunity in the purchase of the thing object of the contract. Part performance doctrine. An equitable principle that allows a court to recognize and enforce an oral contract despite its legal deficiencies and provides a way around the statutory bar to the enforcement of an oral contract. By applying the doctrine, a party can establish the existence of a contract despite the lack of any written evidence. Generally, without written evidence, a contract does not satisfy the formal requirements set by the legislature under the statute of frauds. The doctrine is an exception to this as it allows failure to comply with the statute of frauds to be overcome by a party's execution, in reliance on an opposing party's oral promise, of an oral contract's requirements. Partial. 1. Existing only in part; incomplete. 2. Biased; one-sided. Partial compensation. Civ. Law. This takes place when the 2 obligations are of different amounts and a balance remains unextinguished after the compensation. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Compare with Total compensation. Partial default. Rem. Law. The failure of some of several defending parties to answer a pleading asserting a claim which states a common cause of action against all of them resulting in the court trying the case against all upon the answers thus filed and rendering judgment upon the evidence presented. Partial default, Effect of. Rem. Law. When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented. [Sec. 3(c), Rule 9, RoC]. Partial disability. Diminished capacity for securing employment due to disfigurement produced by an injury, can be considered as partial disability. [Sec. 22, RA 772]. Partial novation. Civ. Law. There is partial novation when there is only a modification or change in some principal conditions of the obligation. [Ong v. Bogalbal, GR 149140, Sept. 12, 2006]. Compare with Total novation. Partial succession. Intl. Law. Part of a territory is transferred from one state to another. Partiality. 1. Synonymous with "bias. [Fonacier v. Sandiganbayan, GR L50691. Dec. 5, 1994]. 2. A disposition to see and report matters as they are wished for rather than as they are. [Ibid.]. See Bias. Particeps criminis. Lat. 1. Criminal partner. [People v. Pamon, GR 102005. Jan. 25, 1993]. 2. One who assists an-
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other in any manner in carrying out a fraudulent purpose. [Haw Pia v. China Banking Corp., GR L-554. Apr. 9, 1948]. Participante en el delito. Sp. Participant in the felony. See Particeps criminis. Participating preferred shares. Corp. Law. Those that entitle the holders to participate with holders of common shares in the surplus profits after the amount of the stipulated dividends has been paid to holders of preferred shares and holders of common shares. [Diaz, Bus. Law Rev., 1991 Ed., p. 249]. Compare with Non-participating preferred shares. Participatory processes. The involvement of all the key sectors of development, from the grassroots to the policymaking bodies of the Natl. govt., in providing the values and ideas from which strategic development and environmental protection action can come about. [Sec. 3, RA 7611]. Particular average. Mar. Ins. 1. A loss happening to the ship, freight, or cargo which is not shared by contributing among all those interested, but must be borne by the owner of the subject to which it occurs. [Amer. Home Assurance v. CA, GR 94149. May 5, 1992, Rev. 4th Ed., p. 172]. 2. A loss to a ship or its cargo which is not to be shared in by contributions from all those interested, but is to be borne by the owner of the injured thing. Compare with General average. Particular lien. A right to retain the property of another on account of labor employed or money expended on that specific property. Particular partnership. A partnership which has for its object determinate things, their use or fruits, or specific undertaking, or the exercise of a profession or vocation. [Art. 1783, CC]. Compare with Universal partnership. Partisan. 1. N. A strong supporter of a party, cause, or person. 2. Adj. Prejudiced in favor of a particular cause. Partisan political activity/ies. Acts designed to have a candidate elected or not or promote the candidacy of a person or persons to a public office. [Act 4880]. See also Election campaign. Partition. 1. The separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself may be divided, or its value. [Art. 1079, CC]. 2. A division bet. 2 or more persons of real or personal property which they own as copartners, joint tenants or tenants in common, effected by the setting apart of such interests so that they may enjoy and possess it in severalty. [Villamor v. CA, GR L-41508. June 27, 1988]. Partition. Stages: The 1st stage is the determination of whether or not a coownership in fact exists and a partition is proper [i.e., not otherwise legally proscribed] and may be made by voluntary agreement of all the parties interested in the property. The 2nd stage commences when it appears that the parties are unable to agree upon the partition directed by the court. In that event, partition shall be done for the parties by the court with the assistance of not more than 3 commissioners. [De Mesa v. CA, GR 109387, Apr. 25, 1994].
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Partner. A person who takes part in an undertaking with another or others, esp. in a business or company with shared risks and profits. Partner by holding out. A person who is represented [held out] as a partner and who does not deny this even after becoming aware of it becomes liable to 3rd parties who lend money or grant credit to the firm on the basis of such representation. Partners. 2 or more persons who carry on a business together and are each fully liable for all the debts of the enterprise but they also share the profits exclusively. Partnership. 1. A contract whereby 2 or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. [Art. 1767, CC]. 2. A company of 2 or persons who co-own and manage a business and who are each liable to the full extent of their personal assets for its debts. An association of 2 or more persons who co-own and manage a business for profit and who are each liable to the full extent of their personal assets for its debts. Also Joint venture. Partnership by estoppel. A situation where one represents himself to be a partner in an existing partnership without the objection of the partners despite the fact that he is not truly a partner. If someone is misled, there can be liability on the part of the partnership because there is partnership by estoppel. [Albano, Civil Law Reviewer, Rev. Ed., p. 414]. Partnership by holding out. The partnership impliedly created when a person is represented (held out) as a partner and he does not deny this even after becoming aware of it. He thus becomes liable to 3rd parties who lend money or grant credit to the firm on the basis of such representation. Part-time. Involving less than the standard or customary time for an activity. Part-time position. A set of duties and responsibilities not requiring performance for the total number of prescribed working hours per week, specified as normal for the organization in which the position is located. [Sec. 3, PD 985]. Part-time workers. Labor. Those who work at jobs which provide less than the working time normal to the establishment. Partus sequitur ventrem. Lat. The principle that the offspring belongs to the owner of the female. [Jurado, Civ. Law Reviewer, 19th Ed. (1999), p. 289]. Party. 1. A political party or a sectoral party or coalition of parties. [Sec. 3, RA 7941]. 2. A person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any agency proceeding; but nothing herein shall be construed to prevent an agency from admitting any person or agency as a party for limited purposes. [Sec. 2, Chap. 1, Book VII, EO 292]. 3. A person, business, or govt. agency actively involved in the prosecution of defense of a legal proceeding. Party adversely affected. Admin. Law. The person or the respondent employee
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against whom the administrative disciplinary case is filed. [UP v. CSC, GR 108740. Dec. 1, 1993]. Party to the proceedings. The debtor, a creditor, the unsecured creditors' committee, a stakeholder, a party with an ownership interest in property held by the debtor, a secured creditor, the rehabilitation receiver, liquidator or any other juridical or natural person who stands to be benefited or injured by the outcome of the proceedings and whose notice of appearance is accepted by the court. [Sec. 4, RA 10142]. Party wall. A wall used jointly by 2 parties under easement agreement, erected upon a line separating 2 parcels of land each of which is a separate real estate. [Sec. 3, BP 220]. Party-in-interest. One who prosecutes or defends and is benefited or injured. The term applies not only to the plaintiff but to the defendant, and the suit may be dismissed if neither of them is a real party-in-interest. [Travel Wide Associated Sales (Phils.), Inc. v. CA, GR 77356. July 15, 1991]. Party-list. Of or relating to a system of voting in which people vote for a party rather than for a candidate. Parties are assigned the number of seats which reflects their share of the vote. Party-list system. A mechanism of proportional representation in the election of representatives to the House of Reps. from national, regional and sectoral parties or organizations or coalitions thereof registered with the Comelec. Component parties or organizations of a coalition may participate independently provided the coalition of which they form part does not participate in the party-list system. [Sec. 3, RA 7941]. Party-List System Act. RA 7941 entitled An Act providing for the election of party-list representatives through the partylist system, and appropriating funds therefor enacted on Mar. 3, 1995. Passbook. A record of savings account opened with any bank, issued by the latter and should be presented to it in making deposits or withdrawals. Each transaction is entered in the passbook such that at the end of each entry, the outstanding balance of a particular deposit account appears therein. Passenger. Any fare paying person being transported and conveyed in and by a motor vehicle for transportation of passengers for compensation, incl. persons expressly authorized by law or by the vehicle's operator or his agents to ride without fare. [Sec. 373(b), IC]. Passion and obfuscation. Such powerful excitement as to overcome reason and self-control thereby diminishing the exercise of will power. [US v. Salandanan, 1 Phil. 465 (1902)]. Passion and obfuscation. Requisites: (a) There should be an act both unlawful and sufficient to produce such condition of mind; and (b) said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his moral equanimity. [People v. Takbobo, GR 102984. June 30, 1993]. Passive personality principle. Intl. Law. Doctrine that a court has criminal juris-
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diction if the victim is a national of the forum state. Passive solidarity. A kind of solidarity where there are several debtors and only one creditor [Diaz, Bus. Law Rev., 1991 Ed., p. 24] and where the solidary debtors share equally in the obligation. [Corpus v. Paje, GR L-26737. July 31, 1969]. Compare with Active solidarity. Passive subject. The person from whom the prestation (duty) is demandable, otherwise known as the debtor or obligor. [Torres, Oblig. & Cont., 2000 Ed., p. 25]. Compare with Active subject. Passive subjective novation. A novation, under Art. 1293, Civ. Code, which consists in the substitution of a debtor and which may be in the form of expromission (where the initiative comes from a 3rd person) or delegacion (where the initiative comes from the debtor. Passport. 1. An official document of identity and nationality issued to a person intending to travel or sojourn in foreign countries. 2. An official document of identity and nationality issued to a person intending to travel or sojourn in foreign countries. [Remo v. Sec. of Foreign Affairs, GR 169202, Mar. 5, 2010]. Pasturing livestock. The offense committerd by any person who shall, without authority under a lease or permit, graze or cause to graze livestock in forest lands, grazing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act. [Sec. 70, PD 705]. Pasuray-suray. Tag. In a zigzag manner. [People v. Siscar, GR L-55649. Dec. 3, 1985]. Patay-gutom. Tag. 1. A derogatory remark connoting abject poverty. [Gonzales v. Arcilla, GR 27923. Nov. 18, 1991]. 2. Extremely hungry; tramp; destitute Patent. 1. An exclusive privilege granted to an inventor to make, use or sale an invention for a set number of years. Normally, no one company can retain a monopoly over a product or service because this is considered to be economically harmful to society. But as a financial incentive to potential inventors, the state grants a temporary monopoly to that inventor through the issuance of a patent. 2. A grant to an inventor of the right to exclude others for a limited time from make, using, or selling his invention in the (Phils.). Patent ambiguity. That ambiguity which is apparent on the face of an instrument to any one perusing it, even if he be unacquainted with the circumstances of the parties. See Extrinsic ambiguity. Patentable inventions. Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially capable. [Kho v. CA, GR 115758, Mar. 192002]. Paternity. The civil status of a father in relation to the children begotten by him. In its generic sense, it is also used to designate the civil status of a mother in relation to the children begotten by her. [Jurado, Civ. Law Reviewer, 19th Ed. (1999), p. 196]. Compare with Filiation. Paternity leave. The benefits granted to a married male employee allowing him not to report for work for 7 days but continues to earn the compensation therefor, on the condition that his spouse has de-
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livered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child. [Sec. 3, RA 8187]. Paternity Leave. Conditions for entitlement: 1. The employee is lawfully married; 2. He is cohabiting with his legitimate wife; 3. His wife is pregnant or has delivered a child or suffered a miscarriage or abortion; 4. Must be of the first 4 deliveries; 5. The employer is notified within reasonable time of the pregnancy and of date of expected delivery [not required in case of abortion or miscarriage]. Paternity Leave Act of 1996. RA 8187 entitled An Act granting paternity leave of 7 days with full pay to all married male employees in the private and public sectors for the first 4 deliveries of the legitimate spouse with whom he is cohabiting and for other purposes enacted on June 11, 1996. Pathologist. A duly registered physician who is specially trained in methods of laboratory medicine, of the gross and microscopic study and interpretation of tissues, secretions and excretions of the human body and its functions in order to diagnose disease, follows its course, determine the effectivity of treatment, ascertain cause of death and advance medicine by means of research. [Sec. 2, RA 5527]. Pathwalk or Footpath. A public way intended for pedestrian and which cuts across a block to provide access to adjacent streets or property with maximum length of 100 meters if connecting to roads and 50 meters if terminating in a dead end. [Sec. 3, BP 220]. Patikim. Tag. This is a typical and laudable provinciano trait of sharing, a native way of expressing gratitude for favor received. [Caballes v. DAR, GR L-78214. Dec. 5, 1988]. Patria potestas. Lat. Power of a father. 1. A Roman law concept of the sum total of the rights of parents over the person and property of their children. 2. The authority which is lawfully exercised by the father over his children. Patrimonial. 1. Ancestral: inherited or inheritable by established rules [usu. legal rules] of descent. Patrimonial property. 1. Property over which the State has the same rights, and of which it may dispose, to the same extent as private individuals in relation to their own property, subject only to the administrative laws and regulations on the procedure of exercising such rights. They exist for the State for attaining its economic ends, as a means for its subsistence, and the preservation of its natural organism. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 37]. 2. All other property of the State, which is not of the following character: (1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks shores roadsteads, and others of similar character; (2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. [Arts. 420 and 421, CC]. Patrimonial sea or Economic zone. Intl. Law. That expanse of sea extending 200 nautical miles from the coast or
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baselines of the state over which it asserts exclusive jurisdiction and ownership over all living and non-living resources found therein. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 75]. Patrimony. In its plain and ordinary meaning, the term pertains to heritage. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997, 1986 Ed., p. 1656]. See National patrimony. Patronym. A component of a personal name based on the given name of one's father, grandfather or an even earlier male ancestor. Patronymic name. Name derived from the name of one's father or a paternal ancestor. [Used in Sec. 1, RA 6085]. Pauper. A person so poor that he must be supported at public expense; also a suitor who, on account of poverty, is allowed to sue or defend without being chargeable with costs. [Enaje v. Ramos, GR L-22109. Jan. 30, 1970, p. 629]. Compare with Indigent. Pauper litigant. An indigent suitor at law. Pawn. The personal property delivered by the pawner to the pawnee as security for a loan. [Sec. 3, PD 114]. Pawn ticket. The pawnbrokers' receipt for a pawn. It is neither a security nor a printed evidence of indebtedness. [Sec. 3, PD 114]. Pawnee. The pawnshop or pawnbroker. [Sec. 3, PD 114]. Pawner. The borrower from a pawnshop. [Sec. 3, PD 114]. Pawnshop. A person or entity engaged in the business of lending money on personal property delivered as security for loans and shall be synonymous, and may be used interchangeably, with pawnbroker or pawnbrokerage. [Sec. 3, PD 114]. Pawnshop Regulation Act. PD 114 signed into law on Jan. 29, 1973. Pay. n. Compensation; wages; salary; commission; fees. v. to discharge a debt by tender of payment due; to deliver to a creditor the value of a debt, either in money or goods, for his acceptance. Payable on demand. An instrument which: (a) is expressed to be payable on demand, or at sight, or on presentation; or (b) expresses no time for payment. [Sec. 7, NIL]. Payable to bearer. The instrument is payable to bearer: (a) when it is expressed to be so payable; or (b) when it is payable to a person named therein or bearer; or (c) when it is payable to the order of a fictitious or non-existing person, and such fact was known to the person making it so payable; or (d) when the name of the payee does not purport to be the name of any person; or (e) when the only or last indorsement is an indorsement in blank. [Sec. 9, NIL]. Payable to order. The instrument drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of (a) a payee who is not maker, drawer, or drawee; or (b) the drawer or maker; or (c) the drawee; or (d) 2 or more payees jointly; or (e) one or some of several payees; or (f) the holder of an office for the time being. [Sec. 8, NIL].
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Payao. A fish aggregating device consisting of a floating raft anchored by a weighted line with suspended materials such as palm fronds to attract pelagic and schooling species common in deep waters. [Sec. 4, RA 8550]. Payee. 1. The party to whom the promise is made or the instrument is payable; the party in whose favor the bill is drawn or is payable. 2. The person to whom payment is addressed or given. In family law, the term usu. refers to the person who receives or to whom support or maintenance is owed. In commercial law, the term refers to the person to whom a bill of exchange is made payable. On a regular check, the space preceded with the words Pay to the order of identifies the payee. See Maker. Paying bank. The bank on which the drafts are to be drawn. [Bank of America v. CA, GR 105395. Dec. 10, 1993]. Payment. It means not only the delivery of money but also the performance, in any other manner, of an obligation. [Art. 1232, CC]. It is synonymous with performance. [Diaz, Bus. Law Rev., 1991 Ed., p. 35]. Payment by cession. A special form of payment whereby the debtor assigns or abandons all his properties for the benefit of his creditors in order that the latter may sell the same and apply the proceeds thereof to the satisfaction of their credits. [Diaz, Bus. Law Rev., 1991 Ed., p. 43]. Payment by cession. Requisites: (a) There must be 2 or more creditors; (b) the debtor must be at least partially if not totally insolvent; (c) the cession must be accepted by the creditors. [Diaz, Bus. Law Rev., 1991 Ed., p. 43-44]. Payment for honor. Nego. Inst. Payment made by a person, whether a party to a bill or not, after it has been protected for non-payment, for the benefit of any party liable thereon or for the benefit of the person for whose account it was drawn. Payment in due course. Nego. Inst. Payment made at or after the maturity of the payment to the holder thereof in good faith and without notice that his title is defective. [Art. 88, Art. 2031]. Payment stopped. A banking phrase indicating that the check was not paid because there was a stop payment order from the drawer thereof. Payment, Special forms of. The special forms of payment under the Civ. Code are: (a) dation in payment; (b) application of payments; (c) payment by cession; and (d) tender of payment and consignation. [Diaz, Bus. Law Rev., 1991 Ed., p. 39]. Payor. The person who is making the payment(s). In the context of family law, the word would typically refer to the person to a support or maintenance debtor. In commercial law, the word refers to the person who makes the payment on a check or bill of exchange. Payroll. 1. A list of a company's employees and the amount of money they are to be paid. 2. The total amount of wages and salaries paid by a company to its employees. Payroll period. A period for which payment of wages is ordinarily made to the employee by his employer. [Sec. 78, NIRC, as amended].
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Payroll reinstatement. Labor. A form of reinstatement which an employer may opt to exercise in lieu of an actual reinstatement. Here, the illegally dismissed employee is to receive his basic pay without the obligation of rendering any service to the employer. This occurs when a Labor Arbiter decides that an employee was illegally dismissed and as a consequence awards reinstatement, pursuant to Art. 279 of the Labor Code. [Labitag, Answers to 2005 Bar Exams Questions, UP Law Complex]. PCA. See Philippine Coconut Authority. PCG. See Philippine Coast Guard. PCHRD. See Philippine Council for Health Research and Development. PCIC. See Philippine Crop Insurance Corporation. PCOS. See Precinct Count Optical Scan. PCSO. See Philippine Charity Sweepstakes Office. PDAF. Priority Development Assistance Fund. See Pork barrel. PDEA. See Philippine Drug Enforcement Agency. PEA. See Private Employment Agency. Peace. The state of quiet or tranquility; freedom from disturbance. Pearl farm lease. Public waters leased for the purpose of producing cultured pearls. [Sec. 4, RA 8550]. Peccata minuta. 1. Minute errors, as in a testimony. 2. Harmless oversight. [Peroxide Phils. Corp. v. CA, GR 92813. July 31, 1991]. Pecuniary. Monetary; relating to money; financial; consisting of money or that which can be valued in money. Pecuniary penalties. Fines and costs [People v. Badeo, GR 72990, 21 Nov. 1991], incl. civil liability predicated on the criminal offense complained of [i.e., civil liability ex delicto]. [People v. Bayotas, GR 102007, 2 Sept. 1994]. Compare with Personal penalties. Peddle. 1. To try to sell something, esp. small goods by going from house to house or place to place. 2. To sell an illegal drug or stolen item. Peddler. 1. Any person who, either for himself or on commission, travels from place to place and sells his goods or offers to sell and deliver the same. [Sec. 131, RA 7160]. 2. A person who travels about the country with merchandise for the purpose of selling it; he is an itinerant trader who carries goods about in order to sell them. He is an itinerant individual, ordinarily without local habitation or place of business, who travels about the country carrying commodities for sale. [Ram Singh v. Insular Collector of Customs, GR 13669. Oct. 25, 1918]. Pedestrian. A person walking along a road or in a developed area. Pedestrian lane. The area designed by law for pedestrians to cross a street. Pedigree. Lineage, descent, and succession of families; line of ancestors from which a person descends; genealogy. An account or register of a line of ancestors. Family relationship.
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Pedophile. Legal Med. A person afflicted with Pedophilia, a sexual perversion in which children are preferred as sexual partner. Pedophilia. Legal Med. 1. A psychosexual perversion involving children. [Harvey v. Defensor-Santiago, GR L82544. June 28, 1988]. 2. A sexual perversion wherein a person has the compulsive desire to have coitus with a child of either sex. [Olarte, Legal Med., 1st Ed. (2004), p. 113]. PEMC. See Philippine Electricity Market Corporation. Pena perpetua. Sp. Perpetual penalties. [People v. Reyes, GR 101127-31. Aug. 7, 1992]. Penal. 1. Of, relating to, or prescribing the punishment of offenders under the legal system. 2. Used or designated as a place of punishment. Penal clause. An accessory obligation which the parties attach to a principal obligation for the purpose of insuring the performance thereof by imposing on the debtor a special presentation (generally consisting in the payment of a sum of money) in case the obligation is not fulfilled or is irregularly or inadequately fulfilled. [SSS v. Moonwalk Devt. & Housing Corp., GR 73345, Apr. 7, 1993]. Penal clause in an obligation. 1. An accessory undertaking to assume greater liability in case of breach of the obligation [Diaz, Bus. Law Rev., 1991 Ed., p. 31]. 2. An accessory obligation which the parties attach to a principal obligation for the purpose of insuring the performance thereof by imposing on the debtor a special prestation (generally consisting in the payment of a sum of money) in case the obligation is not fulfilled or is irregularly or inadequately fulfilled. [Country Bankers Ins. Corp. v. CA, GR 85161. Sep. 9, 1991]. Penal clause in an obligation. Kinds: (a) subsidiary penal clause where only the penalty can be imposed; and (b) joint penal clause where both the principal obligation and the penal clause can be enforced. [Diaz, Bus. Law Rev., 1991 Ed., p. 31] Penal Code. See Revised Penal Code, The. Penal law. Punishment imposed and enforced by the state for a crime or offense against its law. [People v. Moran, GR 17905. Jan. 27, 1923]. Penal statutes. Those laws by which punishments are imposed for some violation or transgression of some of their provisions. [Rilloraza v. Arciaga, GR L23848. Oct. 31, 1967]. Penalty. 1. The suffering that is inflicted upon a natural person by the State for the transgression of a law or ordinance. 2. It signifies pain. In its juridical sphere, it means the suffering undergone, because of the action of society, by one who commits a crime. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 199]. Penalty charges. Such amount, in addition to interest, imposed on the credit card holder for non-payment of an account within a prescribed period. [Sec. 3, RA 8484]. Pendency. The state or time of being pending, undecided, or undetermined.
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Pendente lite. Lat. During litigation. For example, if the validity of a will is challenged, a court might appoint an administrator pendente lite with limited powers to do such things as may be necessary to preserve the assets of the deceased until a hearing can be convened on the validity of the will. Another example is an injunction pendente lite, to last only during the litigation and, again, designed simply to preserve something until the decisive court order is issued. Pending. 1. Adj. Awaiting decision or settlement. 2. Prep. Until something happens or takes place. Pending petition. In the SEC, an ongoing adjudication and full-blown hearing on the merits of the corporations claim for suspension of payments. Penetration. The sex organ of the male enter[ing] the sexual organ of the female. [Calhoun v. State, 115 S.W. 265]. The slightest penetration is enough for conviction in the crime of rape. [People v. Selfaison, 1 SCRA 235]. Penile. Of, relating to, or affecting the penis. Penile rape. [A crime] committed when the accused has carnal knowledge of the victim by force, threat or intimidation, or when the victim is deprived of reason or is unconscious, or when the victim is under 12 years of age. [Art. 266-A, RPC; People v. Barangan, GR 175480, Oct. 2, 2007]. Also Organ rape. Penitentiary. A prison for people convicted of serious crimes. Penology. 1. The science of prison management and rehabilitation of criminals. The various means of fighting crimes as regards penalties and other measures of security. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 15]. Pension. 1. To a public servant, it is not a gratuity but rather a form of deferred compensation for services performed and his right to it commences to vest upon his entry into the retirement system and becomes an enforceable obligation in court upon fulfillment of all conditions under which it is to be paid. [Profeta v. Drilon, GR 104139. Dec. 22, 1992]. 2. It is a gratuity only when it is granted for services previously rendered, and which at the time they were rendered gave rise to no legal obligation. [Pirovano v. Dela Rama Steamship, Co. GR L-5377. Dec. 29, 1954]. Pensioner. 1. An SSS or GSIS member who receives pensions therefrom. [Sec. 1, RA 9241]. 2. Any person who receives old-age or disability pension whether in lump sum or otherwise [Sec. 2, PD 1146]. People. 1. Pol. Law. A body politic; the qualified voters granted the right to vote by the existing Consti. and who therefore are "the sole organs through which the will of the body politic can be expressed. [Javellana v. Exec. Sec., GR L-36142. Mar. 31, 1973]. 2. Intl. Law. The inhabitants of a state. They are regarded as a single unit and must come from both sexes as to be able to perpetuate themselves. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 36]. People power revolution. The Feb. 1986 revolution, a relatively peaceful one, where the Fil. people tore themselves away from an existing regime. This revolution also saw the unprecedented rise to power of the Aquino govt. [In Re:
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Puno, AM 90-11-2697-CA. June 29, 1992]. Peoples initiative. Consti. Law. The power of the people to propose amendments to the Consti., or to propose and enact legislations through an election called for the purpose. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 16]. People's organization (PO). 1. A bonafide association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure. Its members belong to a sector/s who voluntarily band themselves together to work for and by themselves for their own upliftment, development and greater good. [Sec. 4, RA 8550]. 2. A self-help group belonging to the basic sectors and/or disadvantaged groups composed of members having a common bond of interest who voluntarily join together to achieve a lawful common social or economic end. [Sec. 3, RA 8425]. PEP. See Pre-exposure Prophylaxis. Peptic ulcer. 1. An ulceration of the mucous membrane of the esophagus, stomach or duodenum, caused by the action of the acid gastric juice. [It] is most common among persons who are chronically anxious or irritated, or who otherwise suffer from mental tension. It occurs about 3 times as often in men as in women. Symptoms include a pain or gnawing sensation in the epigastric region. The pain occurs from 1 to 3 hours after eating, and is usu. relieved by eating or taking an antacid drug. Vomiting, sometimes preceded by nausea, usu. follows a severe bout of pain. [GSIS v. Raoet, GR 157038, Dec. 23, 2009]. 2. A stomach ulcer, an ulcer of the duodenum [the 1st part of the small intestine], or an ulcer in the lower part of the esophagus (gullet). [Landicho v. WCC, GR L-45996. Mar. 26, 1979]. Per capita. Lat. By the heads or polls; acc. to the number of individuals; share and share alike. Compare with Per stirpes. Per curiam. Lat. By the court. An opinion which expresses the decision in the case but which does not identify the judge who wrote it. Per curiam decision. An opinion of the Court as a whole, there being no ponente although any member of the Court may be assigned to write the draft. [Prudential Bank v. Castro, AC 2756. Mar. 15, 1988]. Per curiam opinion. An unsigned opinion of the court. Per diem. A daily allowance given for each day an officer or employee was away from his home base. [Lexal Laboratories v. National Chemical Industries Workers Union, GR L-24632. Oct. 26, 1968]. Per Diems. The compensation granted to members of the Board of Directors or Trustees of a GOCC for actual attendance in meetings. [Sec. 3, RA 10149]. Per stirpes. Lat. By roots or stocks; by representation. Compare with Per capita. Percentage tax. A business tax imposed on persons or entities who sell or lease goods, properties or services in the course of trade or business whose gross annual sales and/or receipts do not ex-
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ceed P750,000 and who are not VATregistered. Perfection (of the contract). [That stage which] takes place upon the concurrence of the essential elements [of the contract]. [Ang Yu v. CA, GR 109125. Dec. 2, 1994]. Compare with Negotiation and Consummation. Perfection of an appeal. Labor. 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]. Perfidious use. The use of the emblem by a person with intent to appeal to the good faith of an adversary in order to deceive and make the latter believe that the person is entitled to receive or is to be conferred the protection provided for by the rules of international humanitarian law. [Sec. 3, RA 10530]. Perfidy. Acts which invite the confidence of an adversary to lead him/her to believe he/she is entitled to, or is obliged to accord, protection under the rules of Intl. Humanitarian Law, with the intent to betray that confidence, incl. but not limited to: (1) feigning an intent to negotiate under a flag of truce; (2) feigning surrender; (3) feigning incapacitation by wounds or sickness; (4) feigning civilian or noncombatant status; and (5) feigning protective status by use of signs, emblems or uniforms of the UN or of a neutral or other State not party to the conflict. [Sec. 3, RA 9851]. Perform. The word applies to one who plays a musical composition on a piano, thereby producing in the air sound waves which are heard as music, and if the instrument he plays on is a piano plus a broadcasting apparatus, so that waves are thrown out, not only upon the air, but upon the other, then also he is performing the musical composition. [Fil. Soc. of Composers, Authors And Publishers, Inc. v. Tan, GR L-36402. Mar. 16, 1987]. Performance audit. An audit on the efficiency and effectiveness of the cooperative as a whole; its management and officers; and its various responsibility centers as basis for improving individual team or overall performance and for objectively informing the general membership on such performance. [Sec. 1, RA 9520]. Performance bond. 1. A bond in cash, certified or cashier's check, or surety, required of winning bidders to guarantee performance of an order or contract. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. A bond designed to afford the project owner security that the bidder, now the contractor, will faithfully comply with the requirements of the contract awarded to the contractor and make good damages sustained by the project owner in case of the contractor's failure to so perform. [Eastern Assurance & Surety Corp. v. IAC, GR 69450. Nov. 22, 1989]. Compare with Proposal bond. Performance budget. Budget which estimates target revenues and expenses for a given budget period. [Sec. 27, PD 625]. Performance Evaluation System. The process of appraising the accomplishments of GOCCs in a given fiscal year
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based, on set performance criteria, targets and weights. [Sec. 3, RA 10149]. Performance for profit. Within the Copyright Law, the playing of music in dine and dance establishment which was paid for by the public in purchases of food and drink. [Fil. Soc. of Composers, Authors And Publishers, Inc. v. Tan, GR L-36402. Mar. 16, 1987]. Performance of duties. The legal exercise of the functions of the person or his agent in authority. Performance of illegal marriage ceremony. Crim. Law. The felony committed by priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony. [Art. 352, RPC]. Performance Scorecard. A governance and management tool forming part of the performance evaluation system which consists of a set of measures, targets and. initiatives that facilitate the achievement of breakthrough results and performance through the effective and efficient monitoring and coordination of the strategic objectives of the GOCC. [Sec. 3, RA 10149]. Performers. Actors, singers, musicians, dancers, and other persons who act, sing, declaim, play in, interpret, or otherwise perform literary and artistic work. [Sec. 202, RA 8293]. Perils of navigation. It includes only those casualties due to the unusual violence or extraordinary action of wind and wave, or to other extraordinary causes connected with navigation. See Perils of the seas. Perils of the seas. Also Perils of navigation. 1. All kinds of marine casualties, such as shipwreck, foundering, stranding, collision and every specie of damage done to the ship or goods at sea by the violent action of the winds or waves. They do not embrace all loses happening on the sea. [Choa Tiek Seng v. CA, GR 84507. Mar. 15, 1990]. 2. Extraordinary happenings of the seas, incl. stranding, sinking, collision of the vessel, damage due to unusu. heavy weather. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 109]. Period. Length of existence; duration. A point of time marking a termination as of a cause or an activity; an end, a limit, a bound; conclusion; termination. A series of years, months or days in which something is completed. A time of definite length; the period from one fixed date to another fixed date. [Capiral v. Manila Electric Co., 119 Phil. 124 (1963)]. Period. Kinds: (a) suspensive period [ex die] where the obligation begins only from a day certain upon the arrival of the period; (b) resolutory period [in diem] in which the obligation takes effect at once but terminates upon the arrival of the period; (c) legal period which is fixed by law; (d) conventional or voluntary period which is agreed upon by the parties; and (e) judicial period which is fixed by the courts. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Period for filing a petition for certiorari. The 60-day period for filing a petition for certiorari [which] shall be reckoned from the trial courts denial of the 1st motion for reconsideration [considering] that the filing of a 2nd motion for reconsideration that merely reiterates the arguments in
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the 1st motion is subject to denial. [San Juan, Jr. v. Cruz, GR 167321, July 31, 2006]. Periodic payment of plan certificate. (a) Any certificate, investment contract, or other security providing for a series of periodic payments by the holders, and representing an undivided interest in certain specified securities or in a unit or fund of securities purchased wholly or partly with the proceeds of such payments, and (b) any security the issuer of which is also issuing securities of the character described in clause (a) and the holder of which has substantially the same rights and privileges as those which holders of securities of the character described in said clause have upon completing the periodic payments for which such securities provide. [Sec. 3, RA 2629]. Periodical. A publication which appears regularly but less often than daily. Peripheral neuritis. A syndrome of sensory motor, reflect and basomotor reflex symptoms produced by lesion of nerve root on peripheral nerves. [Galanida v. ECC, GR L-70660. Sep. 24, 1987]. Perishable. Likely to decay or go bad quickly. Perishable goods. Those which decay and lose their value if not speedily put to their intended use. Peritonitis. Massive infection, in the abdominal cavity. [People v. Ritter, GR 88582. Mar. 5, 1991]. Perjury. 1. The willful and corrupt assertion of falsehood under oath or affirmation administered by authority of law on a material matter. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 479]. 2. The criminal offense of making a false statement under oath. 3. An intentional lie given while under oath or in a sworn affidavit. Perjury. Elements: (a) Statement in the affidavit upon material matter made under oath; (b) The affiant swears to the truthfulness of the statements is his affidavit before a competent officer authorized to administer oath; (c) There is a willful and deliberate assertion of falsehood; and (d) Sworn statement containing the falsity is required by law. [People v. Bautista (C.A., 40 OG 2491)]. Permanent appointment. Civ. Serv. An appointment where the appointee meets all the requirements for the position to which he is being appointed, incl. the appropriate eligibility prescribed. [Amores v. CSC, GR 170093, Apr. 29, 2009]. Compare with Temporary appointment. Permanent disability. 1. A disability [that] is [deemed to be] total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days. [Sec. 2 (b), Rule VII of the Implementing Rules, Book V, LC, as amended by PD 626]. 2. The inability of a worker to perform his job for more than 120 days, regardless of whether or not he loses the use of any part of his body. [Oriental Shipmanagement Co., Inc. v. Bastol, GR 186289. June 29, 2010]. Permanent establishment. A fixed place of business where the enterprise is wholly or partly carried on. [Comm. Int. Rev. v. Smart Communications, Inc. GR 179045-46, Aug. 25, 2010].
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Permanent forest or Forest reserves. Those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes. [Sec. 3, PD 705]. Permanent injunction. A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction. Permanent partial disability. 1. The injury or sickness the resulting in the employees suffering from a permanent partial loss of the use of any part of his body. [Crystal Shipping, Inc. v. Natividad, GR 134028, Dec. 17, 1999]. 2. It accrues or arises when the loss reduction of earning capacity amounts to less than 75% or when the aggregate loss or reduction of earning capacity resulting from more than one injury and/or disease-amounts to less than 100%, as a result of an irrecoverable anatomical loss. [Sec. 2, PD 1146]. 3. A disability [which is deemed to be] partial permanent if as a result of the injury or sickness the employee suffers a permanent partial loss of the use of any part of his body. [Abaya v. ECC, GR 64255. Aug. 16, 1989]. Permanent Protection Order (PPO). Protection order issued by the court after notice and hearing. [Sec. 16, RA 9262]. Compare with Temporary Protection Order. Permanent statute. A statute whose operation is not limited to a particular period of time but which continues in force until it is duly altered or repealed. E.g.: Labor Code. [Suarez, Stat. Con., (1993), p. 95]. Compare with Temporary statute. Permanent total disability. 1. The injury or sickness resulting in the employees inability to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of the Implementing Rules of Book V of the LC. [Sec. 2, Rule VII, Implementing Rules of Book V of the LC]. 2. Disablement of an employee to earn wages in the same kind of work, or work of a similar nature that she was trained for or accustomed to perform, or any kind of work which a person of her mentality and attainment could do. [Tolosa v. ECC, GR 60509, May 8, 1985]. 3. The lack of ability to follow continuously some substantially gainful occupation without serious discomfort or pain and without material injury or danger to life. [Medina v. ECC, GR 62406, Mar. 22, 1984]. Compare with Temporary total disability. Permissible job contracting. Labor. It exists when (1) the contractor carries on an independent business and undertakes the contract work on his own account under his own responsibility acc. to his own manner and method, free from the control and direction of his employer or principal in all matters connected with the performance of the work except as to the results thereof; and (2) the contractor has substantial capital or investment in the form of tools, equipment, [machinery], work premises, and other materials which are necessary in the conduct of his business. [Phil. Airlines, Inc. v. NLRC, GR 125792 Nov. 9, 1998]. See Job contracting or Subcontracting.
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Permissive. Allowed but not obligatory; optional. Permissive counterclaim. A counterclaim which does not arise out of nor is necessarily connected with the subject matter of the opposing party's claim. It is not barred even if not set up in the action. [Lopez v. Gloria, 40 Phil. 26]. Compare with Compulsory counterclaim. Permissive joinder of parties. The act of joining as plaintiffs or being joined as defendants in one complaint all persons in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action. [Sec. 6, Rule 3, RoC]. Permit. 1. Not a contract, by its nature, but a special privilege. 2. The written authorization of the PCA allowing the cutting of coconut trees.[Sec. 3, RA 8048]. Permit to carry firearm outside of residence. A written authority issued to a licensed citizen by the Chief of the PNP which entitles such person to carry his/her registered or lawfully issued firearm outside of the residence for the duration and purpose specified in the authority. [Sec. 3, RA 10591]. Permit to transport firearm. A written authority issued to a licensed citizen or entity by the Chief of the PNP or by a PNP Regional Director which entitles such person or entity to transport a particular firearm from and to a specific location within the duration and purpose in the authority. [Sec. 3, RA 10591]. Permittee. The holder of an exploration permit. [Sec. 3, RA 7942]. Perpetuities, Rule against. 1. [The rule enunciated under] Art. 870 of the Civ. Code, which regards as void any disposition of the testator declaring all or part of the estate inalienable for more than 20 years. [Palad v. Gov. of Quezon, GR L-24302 Aug. 18, 1972]. 2. [The rule which was] designed "to give more impetus to the socialization of the ownership of property and to prevent the perpetuation of large holdings which give rise to agrarian troubles." [Report of the Code Comm., p. 111; Vol. III, Padilla, Civ. Code Annotated, 1966 Ed., p. 237]. Perpetuity. Forever; of unlimited duration. There is a strong bias in the law against things that are to last in perpetuity. Rights that are to last forever are said to hinder commerce as an impediment to the circulation of property. That is why there is a rule against perpetuities. Persecute. 1. To subject someone to hostility and ill-treatment, esp. because of their race or political or religious beliefs. 2. To harass or annoy someone persistently. Persecution. The international and severe deprivation of fundamental rights contrary to international law by reason of identity of the group or collectivity. [Sec. 3, RA 9851]. Person. 1. Any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative of these entities. [Sec. 3, RA 9497]. 2. Any individual or partnership or any public or private body, whether corporate or not,
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incl. a State or Govt. or its constituent subdivisions. [Sec. 3, RA 9483]. 3. Any entity, natural or juridical, incl. among others, a corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations. [Sec 3, RA 9165]. 4. Every natural or juridical being, susceptible of rights and obligations or of being the subject of legal relations. [Sec. 131, RA 7160]. 5. An individual, partnership, association, corporation or any other combination of individuals. [Sec. 3, BP 39]. 6. An individual, trustee, receiver, or other fiduciary, partnership, corporation, business trust or other association, and 2 more persons having a joint or common interest. [Sec. 3, PD 115]. Person aggrieved. [The person] referred to under Sec. 1, Rule 65 [of the Rules of Court] who can avail of the special civil action of certiorari [being] one who was a party in the proceedings before the lower court. [Tang v. CA, GR 117204, Feb. 11, 2000]. Also Aggrieved party. Person in authority. 1. Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corp., board or commission. 2. Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission. A barrio captain and a barangay chairman shall also be deemed a person in authority. In applying the provisions of Art. 148 and 151 of the Rev. Penal Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. [Art. 152, RPC, as amended by PD 299 and BP 873]. Person liable for tax. A person subject to tax and properly considered a taxpayer. [Comm. of Int. Rev. v. Procter & Gamble Phil. Mfg. Corp., GR 66838. Dec. 2, 1991]. Person with HIV. An individual whose HIV test indicates, directly or indirectly, that he/she is infected with HIV. [Sec. 4, RA 8496]. Persona non grata. Lat. An unwelcome person. Intl. Law. A foreign person whose entering or remaining in a particular country is prohibited by that country's government. It is the most serious form of censure which one country can apply to foreign diplomats, who are otherwise protected by diplomatic immunity from arrest and other normal kinds of prosecution. Personal. Of, affecting, or belonging to a particular person rather than to anyone else. Personal action. An action brought for the recovery of personal property, of the enforcement of some contract or recovery of damages for the commission of an injury the person or property. [Hernandez v. DBP, GR L-31095. June 18, 1976]. Compare with Real action. Personal canvass. A mode of procurement allowed as an exception to public bidding whereby designated canvassers request price quotations from at least 3 responsible suppliers in the locality.
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[IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Personal cultivation. 1. Cultivation by the lessee or lessor in person and/or with the aid of labor from within his immediate household. [Sec. 166, RA 3844]. 2. Cultivation by the lessee or lessor in person and/or with the aid of labor from within his immediate household, i.e., members of the family of the lessee or lessor and other persons who are dependent upon him for support and who usu. help him in his activities. [Verde v. Macapagal, GR 151342, June 23, 2005]. Personal determination. The exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. In satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the judge is not required to personally examine the complainant and his witnesses. [Soliven v. Makasiar, GR 82585, 14 Nov. 1988]. Personal easement. A restrictive covenant, annotated on the title, against erecting any building within a specified distance from a given line, and constituting a limitation on ownership, imposed by the party transmitting property by contract or imposed by the owner itself. Personal expenses. The amount of personal expenses incurred for the preceding calendar year. [CSCs Guidelines on the use of the rev. SALN form]. Personal health services. Health Services in which benefits accrue to the individual person. These are categorized into inpatient and outpatient services. [Sec. 1, RA 9241]. Personal holding company income. The portion of the gross income which consists, inter alia, of dividends, without any qualification at all as to the term dividends, i.e., all dividends earned by the company whether or not such dividends have already been subject to the 10% final tax. Personal information. Any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. [Sec. 3, RA 10173]. Personal information controller. A person or organization who controls the collection, holding, processing or use of personal information, incl. a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. The term excludes: (1) A person or organization who performs such functions as instructed by another person or organization; and (2) An individual who collects, holds, processes or uses personal information in connection with the individuals personal, family or household affairs. [Sec. 3, RA 10173]. Personal information processor. Any natural or juridical person qualified to act as such under [RA 10173] to whom a personal information controller may outsource the processing of personal data pertaining to a data subject. [Sec. 3, RA 10173]. Personal jurisdiction. Pol. Law. The power of jurisdiction of the state over its
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nationals, which may be exercised by the state even if the individual is outside the territory of the state. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 34]. Personal liability. Corp. Law. Personal liability of a corporate director, trustee or officer along (although not necessarily) with the corporation may so validly attach, as a rule, only when - (a) he assents (1) to a patently unlawful act of the corporation, or (2) for bad faith, or (3) for conflict of interest, resulting in damages to the corporation, its stockholders or other persons; (b) he consents to the issuance of watered stocks or who, having knowledge thereof, does not forthwith file with the corporate secretary his written objection thereto; (c) he agrees to hold himself personally and solidarily liable with the corporation; or (d) he is made, by a specific provision of law, to personally answer for his corporate action. [Tramat Mercantile, Inc. v. CA, GR 111008. Nov. 7, 1994]. Personal novation. Also Subjective novation. The extinguishment of an obligation by a subsequent one which terminates it, either by substituting a new debtor in place of the old one, or by subrogating a 3rd person to the rights of the creditor. [Caned v. CA, GR 81322. Feb. 5, 1990]. Compare with Real novation or Objective Novation. Personal penalties. The service of personal or imprisonment penalties. [Petralba v. Sandiganbayan, GR 81337, 16 Aug. 1991]. Compare with Pecuniary penalties. Personal property. 1. Prop. Anything a person owns other than real estate. 2. This includes jewelry, appliances, furniture, motor vehicles and other tangible properties. [CSCs Guidelines on the use of the rev. SALN form]. Personal recognizance. In criminal proceedings, the pretrial release of a defendant without bail upon his promise to return to court. See also Recognizance. Personal representative. The person who administers an estate. If named in a will, that person's title is an executor. If there is no valid will, that person's title is an administrator. Personal service of pleadings and other papers. Service of papers made by delivering personally a copy thereof to the party or his counsel, or by leaving it in his office with his clerk or with a person having charge thereof. If no person is found in his office, or his office is not known, or he has no office, then by leaving the copy, bet. the hours of 8 in the morning and 6 in the evening, at the party's or counsel's residence, if known, with a person of sufficient age and discretion then residing therein. [Sec. 6, Rule 13, RoC]. Personal service of summons. Handing a copy of the summons to the defendant in person, whenever practicable, or, if he refuses to receive and sign for it, by tendering it to him. [Sec. 6, Rule 14, RoC]. Personal servitude. A servitude constituted not in favor of a particular tenement (a real servitude) but rather, for the benefit of the general public. In a personal servitude, there is therefore no owner of a dominant tenement to speak of, and the easement pertains to persons without a dominant estate, in this case, the public at large. [Solid Manila
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Corp. v. Bio Hong Trading, GR 90596. Apr. 8, 1991]. Personal tax. Tax of fixed amount upon all persons of a certain class within the jurisdiction without regard to property, occupation or business in which they may be engaged. Personal union. Intl. Law. It comes into being when 2 or more states are brought together under the same monarch, who nevertheless does not constitute one international person for the purpose of representing all of them. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 14]. Compare with Real union. Personality. The combination of characteristics or qualities that form an individual's distinctive character. Personality disorders. Long-standing, inflexible ways of behaving that are not so much severe mental disorders as dysfunctional styles of living. These disorders affect all areas of functioning and, beginning in childhood or adolescence, create problems for those who display them and for others. [Te v. YuTe, GR 161793, 13 Feb. 2009, p. 25]. Personalty. 1. A person's personal, movable property. 2. Movables; chattel; personal estate. Personnel. People employed in an organization or engaged in an organized undertaking. Personnel action. The movement of personnel in the civil service and includes appointment through certification, promotion, transfer, reinstatement, reemployment, detail, reassignment, demotion, and separation. [Cruz v. CA, GR 119155. Jan. 30, 1996]. Personnel officer. The highest Administrative Officer or Human Resource Management Officer in the unit, section or department and/or agency or any person acting in such capacity as authorized by the head of office. [CSC Circ. 43-91]. Personnel or Staff of illegal numbers game operation. Any person, who acts in the interest of the maintainer, manager or operator, such as, but not limited to, an accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any other personnel performing such similar functions in a building structure, vessel, vehicle, or any other place where an illegal numbers game is operated or conducted. [Sec. 2, RA 9287]. Persons acting in an official capacity and/or Agents of the State. The following persons [who are] deemed persons acting in an official capacity and/or agents of the State under RA 10368: (1) Any member of the former Phil. Constabulary (PC), the former Integrated National Police (INP), the Armed Forces of the Phils. (AFP) and the Civilian Home Defense Force (CHDF) from Sept. 21, 1972 to Feb. 25, 1986 as well as any civilian agent attached thereto; and any member of a paramilitary group even if one is not organically part of the PC, the INP, the AFP or the CHDF so long as it is shown that the group was organized, funded, supplied with equipment, facilities and/or resources, and/or indoctrinated, controlled and/or supervised by any person acting in an official capacity and/or agent of the State as defined in RA 10368; (2) Any member of the civil service, incl. persons who held elective or appointive public office at any time from Sept. 21, 1972 to Feb. 25,
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1986; (3) Persons referred to in Sec. 2(a) of EO 1, creating the Presidential Commission on Good Government (PCGG), issued on Feb. 28, 1986 and related laws by then Pres. Corazon C. Aquino in the exercise of her legislative powers under the Freedom Consti., incl. former Pres. Ferdinand E. Marcos, spouse Imelda R. Marcos, their immediate relatives by consanguinity or affinity, as well as their close relatives, associates, cronies and subordinates; and (4) Any person or group/s of persons acting with the authorization, support or acquiescence of the State during the Marcos regime. [Sec. 3, RA 10368]. Persons primarily liable on instrument. Nego. Inst. The person who, by the terms of the instrument, is absolutely required to pay the same. All other parties are "secondarily" liable. [Sec. 192, NIL]. Persons with disabilities (PWDs). 1. Qualified voters who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in the electoral processes on an equal basis with others. [Sec. 2, RA 10366]. 2. Those who are suffering from restriction or different abilities, as a result of a mental, physical, or sensory impairment to perform an activity in the manner or within the range considered normal for a human being. [Sec. 4, RA 9710]. PES. Performance Evaluation System. Pesada. 1. A document containing details of the transaction, incl. the date of sale, the weight of the crop delivered, the trucking cost, and the net price of the crop. [Tan Shuy v. Sps. Maulawin, GR 190375, Feb. 8, 2012]. 2. A receipt issued by copra dealer for the purchase of coconut and copra. Pest. A destructive insect or other animal that attacks crops, food, livestock, etc. Pest infested. A tree severely damaged by rhino beetle, spike month, caterpillar and other destructive insects and animals. [Sec. 3, PCA AO 1-95]. Pesticide. Any substance or product, or mixture thereof, incl. active ingredients, adjuvants, and pesticide formulations, intended to control, prevent, destroy, repel or mitigate directly or indirectly, any pest. The term shall be understood to include insecticide, fungicide, bactericide, nematocide, herbicide, molluscicide, avicide, rodenticide, plant regulator, defoliant, desciccant and the like. [Sec. 3, PD 1144]. PET. 1. Presidential Electoral Tribunal. 2. Post-exposure Treatment. Petition. Elec. Law. The written instrument containing the proposition and the required number of signatories. It shall be in a form to be determined by and submitted to the Comelec. [Sec. 3, RA 6735]. Petition. Rem. Law. The formal, written document submitted to a court, and which asks for the court to redress what is described in the petition as being an injustice of some kind. Petitions set out the facts, identifies the law under which the court is being asked to intervene, and ends with a suggested course of action for the court to consider [e.g., payment of damages to the plaintiff].
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Petition for a writ of possession. Rem. Law. The proceeding in a petition for a writ of possession is ex parte and summary in nature. It is a judicial proceeding brought for the benefit of one party only and without notice by the court to any person adverse of interest. It is a proceeding wherein relief is granted without giving the person against whom the relief is sought an opportunity to be heard. [Santiago v. Merchants Rural Bank of Talavera, Inc., GR 147820, 18 Mar. 2005]. Petition for relief from judgment. Rem. Law. A special remedy in which equity and justice justify the grant to give the petitioner a last chance to defend his right or protect his interest. It is available only after a decision or judgment from which relief is sought has became final and executory. [Garcia v. CA, GR 96141. Oct. 2, 1991]. Petition for review. Rem. Law. A verified petition filed with the CA by a party desiring to appeal from a decision of the RTC rendered in the exercise of its appellate jurisdiction. [Sec. 1, Rule 42, RoC]. Petition for review on certiorari. Rem. Law. A verified petition filed with the Sup. Court by a party desiring to appeal from a judgment or final order or resolution of the CA, the Sandiganbayan, the RTC or other courts whenever authorized by law. The petition shall raise only questions of law which must be distinctly set forth. [Sec. 1, Rule 45, RoC]. Petitioner. 1. The head or executive director of a licensed or accredited childcaring or child-placing agency or institution managed by the govt., LGU, NGO, or provincial, city, or municipal Social Welfare Development Officer who has actual custody of the minor and who files a petition to declare such child legally available for adoption, or, if the child is under the custody of any other individual, the agency or institution does so with the consent of the child's custodian. [Sec. 2, RA 9523]. 2. The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. See Respondent. Petroleum. 1. The naturally occurring mixture of compounds of hydrogen and carbon with a small proportion of impurities and shall include any mineral oil, petroleum gas, hydrogen gas, bitumen, asphalt, mineral wax, and all other similar or naturally-associated substances, with the exception of coal, peat, bituminous shale and/or other stratified mineral fuel deposits. [Sec. 4, RA 8479]. 2. Any mineral oil hydrocarbon gas, bitumen, asphalt, mineral gas and all other similar or naturally associated substances with the exception of coal, peat, bituminous shale and/or other stratified mineral fuel deposits. [Sec. 3, PD 87]. Petroleum Act of 1949. RA 387, as amended, entitled An Act to promote the exploration, development, exploitation, and utilization of the petroleum resources of the Phils.; to encourage the conservation of such petroleum resources; to authorize the Sec. Of Agriculture And Natural Resources to create an Administration Unit and a Technical Board in the Bu. of Mines; to appropriate funds therefor; and for other purposes enacted on June 18, 1949. Petroleum in commercial quantity. Petroleum in such quantities which will permit its being economically developed
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as determined by the contractor after taking into consideration the location of the reserves, the depths and number of wells required to be drilled and the transport and terminal facilities needed to exploit the reserves which have been discovered. [Sec. 3, PD 87]. Petroleum operations. Searching for and obtaining petroleum within the Phils. through drilling and pressure or suction or the like, and all other operations incidental thereto. It includes the transportation, storage, handling and sale (whether for export or for domestic consumption) of petroleum so obtained but does not include any: (a) transportation of petroleum outside the Phils.; (b) processing or refining at a refinery; or (c) any transactions in the products so refined. [Sec. 3, PD 87]. Petroleum products. Products formed in the course of refining crude petroleum through distillation, cracking, solvent refining and chemical treatment coming out as primary stocks from the refinery such as, but not limited to: LPG, naphtha, gasolines, solvent, kerosenes, aviation fuels, diesel oils, fuel oils, waxes and petrolatums, asphalt, bitumens, coke and refinery sludges, or such refinery petroleum fractions which have not undergone any process or treatment as to produce separate chemicallydefined compounds in a pure or commercially pure state and to which various substances may have been added to render them suitable for particular uses: Provided, That the resultant product contains not less than 50% by weight of such petroleum products. [Sec. 4, RA 8479]. Pettifogger. A petty or underhanded lawyer or an attorney who sustains a professional livelihood on disreputable or dishonorable business. The word has also taken on an common usage definition referring to anyone prone to quibbling over details. Petty. 1. Of little importance; trivial. 2. Characterized by an undue concern for trivial matters, esp. in a small-minded or spiteful way. Petty offense. A minor crime and for which the punishment is usu. just a small fine or short term of imprisonment. PFRS. Phil. Financial Reporting Standards (PFRS). Pharmaceutical. Of or relating to medicinal drugs Pharmaceutical laboratory. See Drug laboratory. Pharmaceuticals, proprietary medicines or pharmaceutical specialties. Any drug, preparation or mixture of drugs marked under a trade name and intended for the cure, mitigation or prevention of disease in man or animals. [Sec. 42, RA 5921]. Pharmacy or Drug store. A place or establishment where drugs, chemical products, active principles of drugs, pharmaceuticals, proprietary medicines or pharmaceutical specialties, devices, and poisons are sold at retail and where medical, dental and veterinary prescriptions are compounded and dispensed. [Sec. 42, RA 5921]. Pharmacy, Practice of. A person shall be deemed to be practicing pharmacy who shall, for fee, salary, percentage or other reward paid or given directly to himself
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or indirectly through another, prepare or manufacture, analyze, assay, preserve, store, distribute or sell any medicine, drug, chemicals, cosmetics, pharmaceuticals, devices or contrivances used in pursuance thereof; or render pharmaceutical service in any office or drug and cosmetic establishment where scientific, technological or professional knowledge of pharmacy is applied; or engage in teaching scientific, technological or professional pharmacy subject in a college of pharmacy; or conduct or undertake scientific pharmaceutical research for biological and bacteriological testings and examinations. [Sec. 23, RA 5921]. PhilHealth. Phil. Health Ins. Corp. (PHIC). Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. RA 9851 entitled An Act Defining and Penalizing Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, Organizing Jurisdiction, Designating Special Courts, and for Related Purposes enacted on Dec. 11, 2009. Philippine AIDS Prevention and Control Act of 1998. RA 8504 entitled An act promulgating policies and prescribing measures for the prevention and control of HIV or AIDS in the Phils., instituting a nationwide HIV or AIDS information and educational program, establishing a comprehensive HIV or AIDS monitoring system, strengthening the Phil. National AIDS Council, and for other purposes enacted on Feb. 13, 1998. Philippine air carrier. An air carrier who is a citizen of the Phils. [Sec. 3, RA 9497]. Philippine aircraft. An aircraft registered in the Phils. in accordance with the requirements of RA 9497. [Sec. 3, RA 9497]. Philippine Amusements and Gaming Corporation (PAGCOR). A govt. corp. created by virtue of PD 1067-A dated Jan. 1, 1977 and granted a franchise under PD 1067-B also dated Jan. 1, 1977 "to establish, operate and maintain gambling casinos on land or water within the territorial jurisdiction of the Phils. [Basco v. PAGCOR, GR 91649. May 14, 1991]. Philippine Carabao Act of 1992. RA 7307 entitled An Act creating the Phil. Carabao Center to propagate and promote the Phil. carabao and for other purposes enacted on Mar. 27, 1992. Philippine Charity Sweepstakes Office (PCSO). One of the government's owned and controlled corporations authorized to raise funds and provide additional revenues through number games or lotteries for the promotion of public health and general welfare. It was created by virtue of RA 4130, the Phil. Charity Sweepstakes Law, replacing the Natl. Charity Sweepstakes. Philippine Coast Guard (PCG). A maritime law enforcement agency operating under the DOTC. It is involved in the broader enforcement of maritime laws in the country, esp. against smuggling, illegal fishing, drug trafficking and piracy. It is also involved in maritime search and rescue (SAR) missions, as well as the protection of the marine environment. Philippine Coconut Authority (PCA). The sole govt. agency tasked to oversee
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the development of the coconut and other palm oil industry in all its aspects and ensure that the coconut farmers become direct participants in, and beneficiaries of, such development and growth. [Art. I, Sec. 2, PD 1468]. Philippine corporation. A corporation organized under Phil. laws at least 60% of the capital of which is owned and held by citizens of the Phils. [Sec. 3, PD 87]. Philippine Council for Health Research and Development (PCHRD). One of the sectoral planning councils of the DOST which provides central direction, leadership and coordination in health science and technology (S&T). [Sec. 3, RA 10532]. Philippine Crop Insurance Corporation (PCIC). A GOCC which provides insurance protection to the country's agricultural producers, particularly the subsistence farmers against crop losses Arising from natural calamities such as typhoons, rising sea levels, floods, drought, earthquakes, volcanic eruptions, plant diseases and pest infestation, and non-crop agricultural asset losses due to perils for which the asset has been insured against. [Sec. 3, RA 10000]. Philippine Design Competitiveness Act of 2013. RA 10557 entitled An Act Promoting and Strengthening Filipino Design, Providing for the Purpose a National Design Policy And Renaming the Product Development and Design Center of the Philippines into the Design Center of the Philippines and for Other Purposes enacted on May 15, 2013. Philippine Disaster Risk Reduction and Management Act of 2010. RA 10121 entitled An Act Strengthening the Phil. Disaster Risk Reduction and Management System, Providing for the Natl. Disaster Risk Reduction and Management Framework and Institutionalizing the Natl. Disaster Risk Reduction and Management Plan, Appropriating Funds Therefor and for Other Purposes enacted on May 27, 2010. Philippine Drug Enforcement Agency (PDEA). The lead anti-drugs law enforcement agency, responsible for preventing, investigating and combating any dangerous drugs, controlled precursors and essential chemicals within the Phils. The agency is tasked with the enforcement of the penal and regulatory provisions of RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. Philippine Electricity Market Corporation (PEMC). The Corporation incorporated upon the initiative of the DOE composed of all Wholesale Electricity Spot Market (WESM) Members and whose Board of Directors will be the PEM Board. [Sec. 4, RA 9513]. Philippine energy plan (PEP). The overall energy program formulated and updated yearly by the DOE for submission to Congress pursuant to RA 7638. [Sec. 4, RA 9136]. Philippine Environment Code. PD 1152 signed into law on June 6, 1977. Philippine Extradition Law. PD 1069 entitled Prescribing the procedure for the extradition of persons who have committed crimes in a foreign country signed into law on Jan. 13, 1977.
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Philippine Fisheries Code of 1998, The. RA 8550 entitled An Act providing for the development, management and conservation of the fisheries and aquatic resources, integrating all laws pertinent thereto, and for other purposes enacted on Feb. 25, 1998. Philippine flag vessel. A vessel or watercraft registered under Phil. laws. [Sec. 3, PD 474]. Philippine Health Research Ethics Board (PHREB). The national policymaking body on health research ethics, created under DOST Special Order 091, which is mandated to ensure that all phases of health research shall adhere to the universal ethical principles that value the protection and promotion of the dignity of health research participants. [Sec. 3, RA 10532]. Philippine highway. Any road, street, passage, highway and bridges or any part thereof, or railway or railroad within the Phils., used by persons or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles or property or both. [Sec. 2, PD 532]. Philippine Interior Design Act of 2012. RA 10350 entitled An Act to Regulate and Modernize the Practice of the Interior Design in the Philippines, Repealing for the Purpose RA 8534, Otherwise Known as An Act Regulating the Practice of Interior Design in the Philippines, Appropriating Funds Therefor and for Other Purposes enacted on Dec. 17, 2012. Philippine languages. The indigenous languages of the Phils., incl. the national language and the regional and local languages. [Sec. 3, RA 7104]. Philippine Librarianship Act. RA 6966 entitled An Act regulating the practice of librarianship and prescribing the qualifications of librarians enacted on Sep. 19, 1990. Philippine Mediation Center (PMC). The key mediation institution in the Phils., and the designated center for courtreferred, court related mediation cases. Philippine Medical Care Commission. The Phil. Medical Care Commission created under RA 6111, as amended. [Sec. 1, RA 9241]. Philippine Midwifery Act of 1992. RA 7392 entitled An Act revising RA 2644, as amended, otherwise known as the Phil. Midwifery Act enacted on Apr. 10, 1992. Philippine Military Academy (PMA). The Phil. military school of the Armed Forces of the Phils. (AFP). It was established on Dec. 21, 1936 by the virtue of CA 1 (commonly known as the Natl. Defense Act). PMA is located in Baguio, Benguet province. It is the training school for future officers of the AFP. Philippine Mining Act of 1995. RA 7942 entitled An Act instituting a new system of mineral resources exploration, development, utilization, and conservation enacted on Mar. 3, 1995. Philippine national drug formulary. The essential drugs list for the Phils. which is prepared by the National Drug Committee of the DOH in Consultation with experts and specialists from organized profession medical societies, medical academe and the pharmaceutical indus-
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try, and which is updated every year. [Sec. 1, RA 9241]. Philippine National Health Research System (PNHRS). A framework anchored on the principles of Essential National Health Research on inclusiveness, participation, quality, equity, efficiency and effectiveness, which connect to, and converge with, the wider health, economic, political, educational and S&T systems of the country. [Sec. 3, RA 10532]. Philippine National Health Research System Act of 2013. RA 10532 entitled An Act Institutionalizing the Philippine National Health Research System enacted on May 7, 2013. Philippine National Oil Company (PNOC). The govt. agency created pursuant to PD 334, as amended. Philippine National Police (PNP). The national police force of the Rep. of the Phils.. It is both a national and a local police force in that it provides all law enforcement services throughout the Phils. The PNP, which was a result of a merger of the Phil. Constabulary (PC) and the Integrated National Police (INP), was activated on Jan. 29, 1991. Its national headquarters are based at Camp Crame, Quezon City. Philippine National Police Academy (PNPA). The premier training academy for the Phil. Natl. Police (PNP), Bu. of Jail Management & Protection (BJMP) and Bu. of Fire Protection (BFP). It is located at Camp Gen. Mariano N. Castaneda, Silang, Cavite. Philippine National Police Reform and Reorganization Act of 1998. RA 8551 entitled An Act providing for the reform and reorganization of the Phil. National Police and for other purposes, amending certain provisions of RA 6975 entitled, "An Act establishing the Phil. National Police under a re-organized Dept. of the Interior and Local Govt., and for other purposes enacted on Feb. 25, 1998. Philippine National Railways (PNR). A state-owned railway operator in the Phils., operating an extensive railway line in the island of Luzon. As of 2010, it operates 2 commuter rail services in Metro Manila and the Bicol Region. Philippine national. 1. A citizen of the Phils.; or a domestic partnership or association wholly owned by citizens of the Phils.; or a corporation organized under the laws of the Phils. of which at least 60% of the capital stock outstanding and entitled to vote is owned and held by citizens of the Phils.; or a corporation organized abroad and registered as doing business in the Phils. under the Corp. Code of which 100% of the capital stock outstanding and entitled to vote is wholly owned by Filipinos or a trustee of funds for pension or other employee retirement or separation benefits, where the trustee is a Phil. national and at least 60% of the fund will accrue to the benefit of Phil. nationals: Provided, That where a corporation and its non-Filipino stockholders own stocks in a SEC registered enterprise, at least 60% of the capital stock outstanding and entitled to vote of each of both corporations must be owned and held by citizens of the Phils. and at least 60% of the members of the Board of Directors of each of both corporations must be citizens of the Phils., in order that the corporation, shall be considered a Phil. national. [Sec. 3,
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RA 7042]. 2. A citizen of the Phils.; or a partnership or association wholly owned by and composed of citizens of the Phils.; or a corporation organized under the laws of the Phils. of which at least 60% of the capital stock outstanding and entitled to vote is owned and held by Phil. citizens; or a trustee of funds for pensions or other employee retirement or separation benefits, where the trustee is a Phil. national and at least 60% of the funds will accrues to the benefit of the Phil. nationals: Provided, That where a corporation and its non-Filipino stockholders own stock in an enterprise, at least 60% of the members of the governing board of both corporations must be Phil. nationals. [Sec. 3, PD 474]. Philippine Overseas Shipping Development Act. RA 7471 entitled An Act to promote the development of Phil. overseas shipping enacted on May 5, 1992. Philippine passport. 1. An official document of identity of Phil. citizenship of the holder issued for travel purposes. [Sec. 48, Title 1, Chap. I, EO 292]. 2. [An official document] issued by the Philippine government to its citizens requesting other governments to allow its holder to pass safely and freely, and in case of need, to give him/her aid and protection. [Remo v. Sec. of Foreign Affairs, GR 169202, Mar. 5, 2010 Philippine Ports Authority (PPA). A GOCC under the DOTC as an attached agency responsible for financing, management and operations of public ports throughout the Phils. Philippine Psychology Act of 2009. RA 10029 entitled An Act to Regulate the Practice of Psychology Creating for this Purpose a Professional Regulatory Board of Psychology, Appropriating Funds Therefor and for Other Purposes enacted on Mar. 16, 2010. Philippine Reports. Abbrev. Phil. Publication of court decisions of the Sup. Court from 1901 to 1960. Philippine Science High School (PSHS) System Act of 1997. RA 8496 entitled An Act to establish the Phil. Science High School System and providing funds therefor enacted on Feb. 12, 1998. Philippine Science High Schools (PSHS). Secondary schools offering scholarships to deserving students who shall be admitted and trained under a curriculum specially designed to prepare them for careers in Science and Technology (S&T). [Sec. 4, RA 8496]. Philippine Sports Commission (PSC). The Commission created as the top govt. sports body by virtue of RA 6847 or The Phil. Sports Commission Act. Philippine Sports Commission Act, The. RA 6847 entitled An Act creating and establishing the Phil. Sports Commission, defining its powers, functions and responsibilities, appropriating funds therefor, and for other purposes enacted on Jan. 24, 1990. Philippine Standard Time (PST) Act of 2013, The. RA 10535 entitled An Act to Set the Philippine Standard Time (PST) in All Official Sources Throughout the Country, to Provide Funds for the Installation, Operation and Maintenance of Synchronized Time Devices to be Displayed in Key Public Places and to Declare the 1st Week of Every Year as Na-
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tional Time Consciousness Week enacted on May 15, 2013. Philippine Teachers Professionalization Act of 1994. RA 7836 entitled An act to strengthen the regulation and supervision of the practice of teaching in the Phils. and prescribing a licensure examination for teachers and for other purposes enacted on Dec. 16, 1994. Philippine Tourism Authority (PTA). The agency created under PD 189 to implement the policies and programs of the DOT. Philippine Veterans Administration Office (PVAO). The agency created under RA 2664 which administers a system of benefits for Filipino veterans and their dependents. Philippine waters, Classification or Reclassification of. The categorization of all water bodies taking into account, among others, the following: (a) Existing quality of the body of water; (b) size, depth, surface area covered, volume, direction, rate of flow and gradient of stream; (c) most beneficial existing and future use of said bodies of water and lands bordering them, such as for residential, agricultural, aquacultural, commercial, industrial, navigational, recreational, wildlife conservation and aesthetic purposes; and (d) vulnerability of surface and groundwater to contamination from pollutive and hazardous wastes, agricultural chemicals and underground storage tanks of petroleum products. [Sec 4, RA 9275]. Philippine waters. 1. All bodies of water within the Phil. territory such as lakes, rivers, streams, creeks, brooks, ponds, swamps, lagoons, gulfs, bays and seas and other bodies of water now existing or which may hereafter exist in the provinces, cities, municipalities, and barangays and the waters around, bet. and connecting the islands of the archipelago regardless of their breadth and dimensions, the territorial sea, the sea beds, the insular shelves, and all other waters over which the Phils. has sovereignty and jurisdiction incl. the 200nautical miles Exclusive Economic Zone and the continental shelf. [Sec. 4, RA 8550]. 2. All bodies of water, such as but not limited to, seas, gulfs, bays around, bet. and connecting each of the Islands of the Phil. Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Phils. by historic or legal title, incl. territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Phils. has sovereignty or jurisdiction. [Sec. 3, PD 704; Sec. 1, PD 534; Sec. 2, PD 532]. Philippines Coast Guard Law of 2009. RA 9993 entitled An Act Establishing the Phils. Coast Guard as an Armed And Uniformed Service Attached to the DOTC, Thereby Repealing RA 5173, as Amended, and for Other Purposes enacted on Feb. 12, 2010. Philippines shipping companies. Phil. nationals registered and licensed under the laws of the Phils. to engage in the business of overseas and/or domestic water transportation. [Sec. 3, PD 474]. Phobia. Legal Med. An excessive, irrational and uncontrollable fear of a perfectly natural situation or object. [Olarte, Legal Med., 1st Ed. (2004), p. 150]. Phobic disorders. Legal Med. This involves persistent, unrealistic and intense
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anxiety in response to specific external situations. [Olarte, Legal Med., 1st Ed. (2004), p. 127]. Photo. A photograph. Photo or Video voyeurism. The act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD or DVD, internet, cellular phones and similar means or device without the written consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such person's. [Sec. 3, RA 9995]. Photograph. An image, esp. a positive print, recorded by a camera and reproduced on a photosensitive surface. Photographic identification. Proper procedure: 1st, a series of photographs must be shown and not merely that of the suspect; and 2nd, when a witness is shown a group of pictures, their arrangement and display should in no way suggest which one of the pictures pertains to the suspect. [People v. Pineda, GR 141644, May 17, 2004]. Photography. The art or practice of taking and processing photographs. PHREB. See Philippine Health Research Ethics Board. Physiatrist. A legally qualified and licensed physician specializing in the practice of rehabilitation medicine. Physiatry. The branch of medicine that deals with the prevention, diagnosis, and treatment of disease or injury, and the rehabilitation from resultant impairments and disabilities, using physical and sometimes pharmaceutical agents. Physical. Of or relating to the body as opposed to the mind. Physical condition. The tangible state of the property. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Physical impossibility. Crim. Law. [It] refers to the distance bet. the place where the accused was when the crime transpired and the place where it was committed, as well as the facility of access bet. the 2 places. [People v. Mosquerra, GR 129209, Aug. 9, 2001]. Physical injuries. Bodily injuries. In its generic sense, the term includes homicide through reckless imprudence. Physical injuries inflicted in a tumultuous affray. Crim. Law. The felony committed when in a tumultuous affray as referred to in Art. 251 of the Rev. Penal Code, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified. [Art. 252, RPC]. Physical law. Universal rule of action that governs the conduct and movement of things which are non-free and material. [Suarez, Stat. Con., (1993), p. 37]. Physical neglect. [It occurs] when the child is malnourished, ill-clad, and without proper shelter. A child is unattended
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when left by himself/herself without proper provisions and/or without proper supervision. [Sec. 2, RA 9523]. Compare with Emotional neglect. Physical therapy. The art and science of treatment by means of therapeutic exercises, heat, cold, light, water, manual manipulation, electricity, and other physical agents. [Sec. 2, RA 5680]. Physical therapy technician. A person, who not having acquired a bachelor's degree in Physical Therapy is qualified through in-service training and practical experience to assist in the application of physiotherapeutic procedures and to undertake specific assignments as directed by a qualified physical therapist in carrying out the prescription of a licensed physician. Such assignments shall be confined within the limits of a hospital or institution of employment. [Sec. 2, RA 5680]. Physical violence. Acts that include bodily or physical harm. [Sec. 3, RA 9262]. Physically neglected child. There is physical neglect when the child is malnourished, ill clad and without proper shelter. [Art. 141, PD 603]. Physicians sample. Medicine given free to members of the medical profession by drug manufacturers. Physician-patient privilege. This privilege is intended to facilitate and make safe full and confidential disclosure by the patient to the physician of all facts, circumstances and symptoms, untrammeled by apprehension of their subsequent and enforced disclosure and publication on the witness stand, to the end that the physician may form a correct opinion, and be enabled safely and efficaciously to treat his patient. [Lim v. CA, GR 91114. Sep. 25, 1992]. Picket. Labor. To object publicly, on or adjacent to the employer's premises, to an employer's labor practices, goods or services. The most common form of picketing is patrolling with signs. Picketing. Labor. The marching to and fro at the employer's premises, usu. accompanied by the display of placards and other signs making known the facts involved in a labor dispute. [Ilaw at Buklod ng Manggagawa v. NLRC, GR 91980. June 27, 1991]. Picture. A visual representation or image painted, drawn, photographed, or otherwise rendered on a flat surface. Picture images of the ballot. The image of the ballot that the PCOS machine captures at the time voter feeds the ballot into it, which images is stored in a memory or removal data storage device attached to the PCOS machines. [The 2010 Rules of the PET, Rule 2, AM 104-29-SC, May 4, 2010]. Picul. 1. The customary unit of weight of bulk sugar for the purpose of sale. [Yu Tek & Co. v. Gonzalez, GR 9935. Feb. 1, 1915]. 2. It is equivalent to 63 Kgs. and a fraction. [Aldamis v. Leuterio, GR L-3587. Oct. 2, 1907]. Piece of work, contract for a. 1. A contract whereby the contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or compensation. The contractor may either employ only his labor or skill, or also furnish the material. [Art. 1713, CC]. 2. A contract for the delivery at a
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certain price of an article or goods which are to be manufactured specially for the customer and upon his special order, and not for the general market. [Engg & Machinery Corp. v. CA, GR 52267. Jan. 24, 1996]. Piece-rate. A rate of payment for piecework. Piece-rate workers. Those who are paid on the basis of the number of units produced rather than on the time spent in production. Piecework. Work paid for acc. to the amount produced. Pier. Any structure built into the sea but not parallel to the coast line and includes any stage, stair, landing place, landing stage, jetty, floating barge or pontoon, and any bridge or other works connected therewith. [Sec. 3, PD 857]. Pier head line. The limiting line beyond which piers may not be extended. [Sec. 3, RA 4663]. Piercing the veil of corporate entity (or fiction) doctrine. The doctrine used whenever a court finds that the corporate fiction is being used to defeat public convenience, justify wrong, protect fraud, or defend crime, or to confuse legitimate issues, or that a corporation is the mere alter ego or business conduit of a person or where the corporation is so organized and controlled and its affairs are so conducted as to make it merely an instrumentality, agency, conduit or adjunct of another corporation. Also known as Disregarding the fiction of corporate entity or the Doctrine of corporate alter ego. Piercing the veil of corporate entity (or fiction). Elements: 1. Control, not mere majority or complete stock control, but complete domination, not only of finances but of policy and business practice in respect to the transaction attacked so that the corporate entity as to this transaction had at the time no separate mind, will or existence of its own; 2. Such control must have been used by the defendant to commit fraud or wrong, to perpetuate the violation of a statutory or other positive legal duty, or dishonest and unjust act in contravention of plaintiff's legal rights; and 3. The aforesaid control and breach of duty must proximately cause the injury or unjust loss complained of. [Fletcher Cyc. Corp., p. 490; Ramoso v. Gen. Credit Corp., SEC AC 295, Oct. 6, 1992]. Pig. An animal commonly known to be eating dirty matters. Calling a man pig is libelous. Pilapil. Tag. A narrow earthen barrier. [US v. Ramos, GR 10832. Dec. 11, 1916]. Pimp (alcahuete). Sp. One who provides gratification for the lust of others; a procurer; a panderer. [US v. Cruz, GR 13288. Sep. 25, 1918]. Pinagsamantalahan. Tag. 1. Taken advantage of. [Lopez v. People, GR L47469. Dec. 29, 1978]. 2. Abused. [People v. Palma, GR L-69152. Sep. 23, 1986]. Pine closed forest. Pure stands of Benguet or Mindoro pine with a crown cover above 30%. Pine forest. A forest composed of the Benguet Pine in the Mountain Provinces
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or the Mindoro pine in Mindoro and Zambales provinces. [Sec. 3, PD 705]. Pine open forest. Pure stands of Benguet or Mindoro pine with a crown cover of 10-30%. Pioneer. 1. A person who is among the 1st to explore or settle a new country or area. 2. Pathfinder; initiator; trailblazer. Pioneer enterprise. A registered enterprise (a) engaged in the manufacture, processing, or production, and not merely in the assembly or packaging, of goods, products, commodities or raw materials that have not been or are not being produced in the Phils. on a commercial scale; or (b) which uses a design, formula, scheme, method, process or system of production or transformation of any element, substance or raw materials into another raw material or finished good which is new and untried in the Phils.: Provided, That the final product involves or will involve substantial use and processing of domestic raw materials, whenever available. [Sec. 3, RA 5186]. Pipe line concession. A concession which grants to the concessionaire the right to provide and operate pipe line systems for transporting petroleum. [Art. 10, RA 387]. Pipeline. A long pipe, typically underground, for conveying oil, gas, etc., over long distances. Piracy. 1. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, incl. a passenger or member of the complement of said vessel, in Phil. waters, shall be considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided. [Sec. 2, PD 532]. 2. Robbery or forcible depredation on the high seas, without lawful authority and done animo furandi and in the spirit and intention of universal hostility. It is a crime not against any particular State but against all mankind. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. The jurisdiction of piracy unlike all other crime has no territorial limits. [People v. Lol-lo, GR L-17958. Feb. 27, 1922]. Compare with Mutiny. Pirate. 1. A person who attacks and robs ships at sea. 2. To use or reproduce another's work for profit without permission, usu. in contravention of patent or copyright. Pirated. Illegally copied, bootleg. Piso. Tag. 1. One peso; Phil. currency. 2. In illegal drug parlance, it means P100. [People v. Tranca, GR 110357. Aug. 17, 1994]. Pistol. A hand-operated firearm having a chamber integral with or permanently aligned with the bore which may be selfloading. [Sec. 3, RA 10591]. Placement. [The stage of money laundering that deals with] the physical disposal of the criminal proceeds. [Sec. 1, Rule 4, RA 9160]. Compare with Layering and Integration.
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Placement fees. The amount charged by a private employment agency from an applicant worker for its services in the recruitment and placement of said worker. [Sec. 1, Rule 1, IRR of LC]. Placement officer. A person practising the allied medical profession or discipline specialized in psychology of the handicapped and whose responsibility is to personally advise and guide the disabled individual to acceptance into a job. [Sec. 1, Rule 9, Rules on Employees Compensation]. Placer. A deposit of sand or gravel in the bed of a river or lake, containing particles of valuable minerals. Placer claim. That which does not come under the definition of Lode mineral claim. [Sec. 18, PD 464]. Placer deposits. Those which are in loose, fragmentary or broken rocks, boulders, floats, beds or deposits. [Sec. 18, PD 464]. Plain view doctrine. The warrantless search and seizure, as an incident to a suspect's lawful arrest, may extend beyond the person of the one arrested to include the premises or surroundings under his immediate control. Objects in the plain view of an officer who has the right to be in the position to have that view are subject to seizure and may be presented as evidence. [People v. Musa, GR 96177. Jan. 27, 1993]. Plain-meaning rule. Also Verba legis. Stat. Con. 1. The rule that when the words of a statute are clear, plain and free from ambiguity, it must be given its interpretation. [Fianza v. PLEB, GR 109638. Mar. 31, 1995]. 2. The valid presumption that the words employed by the legislature in a statute correctly express its intent or will and preclude the court from construing it differently. The legislature is presumed to know the meaning of the words, to have used words advisedly, and to have expressed its intent by the use of such words as are found in the statute. [Globe-Mackay Cable and Radio Corp. v. NLRC, 206 SCRA 701 (1992)]. 3. A statute or treaty is to be interpreted only from the words contained within the statute or treaty. See Verba legis non est recedendum. Plaintiff. 1. The term may refer to the claiming party, the counter-claimant, the cross-claimant, or the 3rd [4th, etc.] party plaintiff. [Sec. 1, Rule 3, RoC]. 2. A person who brings an action; the party who complains or sues in a civil action. See Complainant. Plan. The plan for securitization as approved by the SEC. [Sec. 3, RA 9267]. Planholder. Any natural or juridical person who purchases pre-need plans from a pre-need company for whom or for whose beneficiaries' benefits are to be delivered, as stipulated and guaranteed by the pre-need company. The term includes the assignee, transferee and any successor-in-interest of the planholder. [Sec. 4, RA 9829]. Plant. To move or plant an item or information at a scene, to seem related to the accused party and to be used as evidence against him. Plant pest. Any form of plant or animal life, or any pathogenic agent, injurious or potentially injurious to plants and/or plant products. [Sec. 2, PD 1433].
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Plant products. Products derived from plants, either in their natural state or in manufactured or processed form and are capable of harboring plant pests. [Sec. 2, PD 1433]. Plantation agricultural enterprise. One engaged in agriculture within an area of more than 24 hectares in a locality and/or which employs at least 20 workers. [Sec. 1, Rule 7, Book 3, IRR of LC]. Plantation. A tract of agricultural land planted to trees or seedlings whether fruit bearing or not, uniformly spaced or seeded by broadcast methods or normally arranged to allow highest production. [Art. 243, IRR, LGC]. Planted evidence. An item or information which has been moved, or planted at a scene, to seem related to the accused party. It is not admissible in court. Planter in bad faith. A planter who plants knowing that the land does not belong to him and he has no right to plant thereon. Planting rice. The phrase merely refers to the setting of the palay seedlings in the ground for growth, and uprooting the seedlings preparatory to transplanting and final harrowing do not constitute part of the work. [Atayde v. De Guzman, GR L-10578. Mar. 25, 1958]. Plants. It shall comprise living plants and parts thereof, incl. seeds, cuttings, rhizomes, bulbs and corns, grafts, leaves, roots, scions and others that are capable of propagation. [Sec. 2, PD 1433]. Playground. An outdoor area set aside for recreation and play. See Park. Plea. The 1st pleading by a criminal defendant, the defendant's declaration in open court that he is guilty or not guilty. The defendant's answer to the charges made in the indictment or information. Plea bargaining. 1. The defendants pleading guilty to a lesser offenses or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge. [People v. Villarama, 210 SCRA 246 (1992), 5th Ed., 1979, p. 1037]. 2. A process in criminal cases whereby the accused and the prosecution work out a mutually satisfactory disposition of the case subject to court approval. [Daan v. Sandiganbayan, GR 163972-77, Mar. 28, 2008]. 3. The essence of a plea bargaining agreement is the allowance of an accused to plead guilty to a lesser offense than that charged against him. [Gonzales III v. OP, GR 196231, Sept. 4, 2012]. Plea of guilty. A judicial confession of guilt - an admission of all the material facts alleged in the information, incl. the aggravating circumstances. [People v. Ariola, 100 SCRA 523]. Plea of guilty. Requisites of the mitigating circumstance of voluntary plea of guilty: (a) that the offender spontaneously confessed his guilt; (b) that the confession of guilt was made in open court, that is, before the competent court that is to try the case; and (c) that the confession of guilt was made prior to the presentation of evidence for the prosecution. [People v. Crisostomo, 160 SCRA 47 (1988)]. Plead. To present and argue for a position, esp. in court or in another public context.
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Pleadings. 1. The written allegations of the parties of their respective claims and defenses submitted to the court for trial and judgment. [Sec. 1, Rule 6, RoC]. 2. That part of a party's case in which he formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial. Plebiscite. From Lat. plebiscitum: decree of the common people. Consti. Law. 1. The electoral process by which an initiative on the Consti. is approved or rejected by the people. [Sec. 3, RA 6735]. 2. Vote by which all of the people of a state or territory express an opinion for or against a proposal, esp. a proposal as to the choice of a govt. Compare with Referendum. Pledge. A contract by virtue of which the debtor delivers to the creditor or to a 3rd person a movable or a document evidencing incorporeal rights for the purpose of securing the fulfillment of a principal obligation, with the understanding that when the obligation is fulfilled, the thing delivered shall be returned with all its fruits and accessions. [De Leon, Comments and Cases on Credit Trans., 1999 Ed., p. 322]. Compare with Mortgage. Pledged asset. An asset that is transferred to a lender for the purpose of securing debt. The lender of the debt maintains possession of the pledged asset, but does not have ownership unless default occurs. Pledging. Offering assets to a lender as collateral for a loan. Pleins pouvoirs. Fr. Full powers. See Full powers. Plenipotentiary. Lat. Full power. A person who has full power to do something. In international law, a senior diplomatic officer commissioned to act for his or her govt. A minister plenipotentiary is one who by custom ranks immediately below an ambassador and is of the same rank as an envoy extraordinary. Plot. A measured piece of land. See Lot. Plunder. A crime committed by public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires illgotten wealth through a combination or series of overt criminal acts as described in Sec. 1 (d) of RA 7080 in the aggregate amount or total value of at least P50,000,000.00. The crime is punishable by reclusion perpetua to death. [Sec. 2, RA 7080, as amended]. Plurality. In an election contested by more than 2 candidates, this occurs when one candidate receives the most votes but not necessarily more than half of the votes. Plurality of crimes. Also Concurso de delitos. This occurs when the actor commits various delictual acts of the same or different kind. [Gamboa v. CA, GR L-41054. Nov. 28, 1975]. Plurality of subjects. Succ. It means that 2 or more persons must be instituted as heirs, legatees or devisees. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 459]. Compare with Unity of object.
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Plurality opinion. An opinion to which less than a majority agree on the reasoning of the decision, but to which a majority agree on the result. Plurality vote. A vote in which a candidate takes more votes than any other candidate without winning the majority of votes. PMA. See Philippine Miltary Academy. PMC. See Philippine Mediation Center. PMC Unit. Phil. Mediation Center Unit. PNB. Philippine National Bank. PNHRS. See Philippine National Health Research System. PNOC. See Philippine National Oil Company. PNP. See Philippine National Police. PNP law. See Department of the Interior and Local Government Act of 1990. PNPA. See Philippine National Police Academy. PNR. See Philippine National Railways. PNR charter. RA 4156, as amended by RA 6366 and PD 741. [Malong v. PNR, GR L-49930. Aug. 7, 1985]. PNS. Phil. National Standard; consistent with Sec. 26 of RA 8749 otherwise known as the 'Phil. Clean Air Act of 1999. [Sec. 3, RA 9367]. PO. See Peoples Organization. Poach. To kill or take an animal or fish from the property of another. Poaching. Illegally hunting or catching game or fish on land that is not one's own or is under official protection. Pocket veto. One by which the Pres. secures disapproval of a bill of Congress by mere inaction after the adjournment of Congress. In the Phils., an inaction by the Pres. for 30 days will result in the passage of the Bill. If the Congress is not in session, the Pres. must still act in order to veto the bill. Point of hire. Labor. The place indicated in the contract of employment which shall be the basis for determining commencement and termination of contract. Point of Order. A query in a formal debate or session of Congress as to whether the correct procedure is being followed. Point source. Any identifiable source of pollution with specific point of discharge into a particular water body. [Sec 4, RA 9275]. Pollution that comes from a specific site. Compare with Non-pointsource. Point-blank. The term refers merely to the aim directed straight toward a target and has no reference to the distance bet. the gun and the target. [People v. Trinidad, GR 79123-25. Jan. 9, 1989]. Point-of-sale (POS). Any location at which an individual can purchase or otherwise obtain tobacco products. [Sec. 4, RA 9211]. Points or Questions of order. Legislative devices used in requiring the House or any of its Members to observe its own rules and to follow regular or established parliamentary procedure. In effect, they are either objections to pending pro-
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ceedings as violative of some of those rules or demands for immediate return to the aforementioned parliamentary procedure. [Arroyo v. De Venecia, GR 127255. June 26, 1998]. Point-shaving. Any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant therein. [Sec. 1, PD 483]. Poison. Any drug, active principle, or preparation of the same, capable of destroying life or seriously endangering health when applied externally to the body or introduced internally in moderate doses. [Sec. 42, RA 5921]. Poisonous. Any substance or materials, except medicinal drug, either liquid, solid or gaseous, which through chemical reactions kills, injuries or impairs a living organism or person, and shall include but not limited to alkyl isothiocyanate, ammunition [chemical, non-explosive but containing Class A, B or poison], aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other similar substances or materials. [Sec. 5, RA 6235]. Poisonous substance. Any substance capable of destroying life or seriously endangering health when applied externally to the body or introduced internally in moderate doses. [Art. 4, RA 7394]. Pole. A long, comparatively slender usu. cylindrical piece of wood or timber, as typically, the stem of a small tree stripped of its branches; also, by extension, a similar typically cylindrical piece or object of metal or the like. An upright standard to the top of which something is affixed or by which something is supported; as a dovecote set on a pole; telegraph poles; a tent pole; sometimes, specifically, a vessel's mast. [Board of Assessment Appeals v. Manila Electric Co., GR L-15334. Jan. 31, 1964, 2nd Ed. p. 1907]. Police. An organized civil force for maintaining order, preventing and detecting crime, and enforcing the law. [City Mayor v. Chief, Phil. Constabulary, GR L-20346. Oct. 31, 1967]. Police blotter. A book which records criminal incidents reported to the police. [People v. Panganiban, 20772-CR, Dec. 6, 1979]. Police line-up. 1. A police identification procedure by which the suspect to a crime is exhibited, along with others, before the victim or witness to determine if he committed the offense. 2. It is not part of the custodial investigation where the suspects had not yet been held then to answer for the criminal offense with which they were later charged and convicted. [People v. Timple, GR 10039192. Sep. 26, 1994]. Police of the state. In a comprehensive sense, the term embraces its whole system of internal regulation for the preservation of public order and prevention of offenses against the state. [City Mayor v. Chief, Phil. Constabulary, GR L20346. Oct. 31, 1967]. Police power. 1. The power inherent in the State to regulate liberty and property for the promotion of the general welfare. 2. [Ermita-Malate Hotel & Motel Opera-
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tors Assoc. v. City Mayor, 20 SCRA 849]. The state authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare. In its exercise, the State may impose appropriate impositions or restraints upon liberty or property in order to foster the common good. [Edu v. Ericta, 35 SCRA 481 (1970)]. Police power. Essential elements: (a) An imposition of restraint upon liberty or property; and (b) The power is exercised for the benefit of the common good. [Agan v. Phil. Intl. Air Terminals Co., GR 155001. Jan. 21, 2004]. Police power. Requisites: Police power is validly exercised if (a) the interests of the public generally, as distinguished from those of a particular class, require the interference of the State, and (b) the means employed are reasonably necessary to the attainment of the object sought to be accomplished and not unduly oppressive upon individuals. [DECS v. San Diego, GR 89572. Dec. 21, 1989]. Policitacion. Sp. Promise; vow. 1. An imperfect promise; a mere offer. [Ang Yu v. CA, GR 109125. Dec. 2, 1994]. 2. An unaccepted unilateral promise or offer to sell or to buy a thing which creates no juridical effect or legal tie. [Diaz, Bus. Law Rev., 1991 Ed., p. 110]. Policy. 1. A settled or definite course or method adopted and followed by a govt., body, or individual. [Ang-Angco v. Castillo, GR L-17169. Nov. 30, 1963]. 2. A contract of insurance. Policy of insurance. The written instrument in which a contract of insurance is set forth. [Sec. 49, IC]. Political activity. Political propaganda or any other activity which seeks in any reasonable degree to prevail upon, indoctrinate, convert, induce, persuade, or in any other way influence any agency or official of the Phil. Govt., or any section of the public within the Phils. with respect to the domestic or foreign policies of the Phils., or with respect to the political or public interests, policies, or relations of a foreign govt. or a foreign political party. [Sec. 3, BP 39]. Political consultant. Any person who engages in informing or advising any other person on the domestic or foreign policies of the Phils. or on the political or public interests, policies, or relations of a foreign govt. or of a foreign political party. [Sec. 3, BP 39]. Political law. That branch of public law which deals with the organization and operation of the governmental organs of the state, and defines the relation of the state with the inhabitants of the territory. [People v. Perfecto, 43 Phil. 887, 897; Roa v. Coll. Of Customs, 23 Phil. 315]. Political party. 1. An organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of govt. and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. [Sec. 3, RA 7941]. 2. An organized group of persons pursuing the same political ideals in a Govt. and includes its branches and divisions. [Sec. 80, Rev. Election Code (RA 180]. Political propaganda. Any oral, visual, graphic, written, pictorial, or other communication or expression: (a) which
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seeks in any reasonable degree to prevail upon, indoctrinate, convert, induce, or in any other way influence a person or any section of the public within the Phils. with respect to the political or public interests, policies, or relations of a foreign govt. or a foreign political party or with respect to the foreign policies of the Phils.; or (b) which advocates, advises, instigates, or promotes social, political, or religious dissension, disorder, civil riot, or conflict involving the use of force, or the overthrow of the govt. of the Rep. of the Phils. [Sec. 3, BP 39]. Political question. 1. In ordinary parlance, namely, a question of policy. 2. A question which, under the Consti., is to be decided by the people in their sovereign capacity; or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the govt. It is concerned with issues dependent upon the wisdom, not legality, of a particular measure. [Taada v. Cuenco, 100 Phil. 1101]. Political question doctrine. [The] wellsettled doctrine that political questions are not within the province of the judiciary, except to the extent that power to deal with such questions has been conferred upon the courts by express constitutional or statutory provisions. [Taada v. Cuenco, GR L-10520, Feb. 28, 1957]. Political rights. 1. The right to participate, directly or indirectly, in the establishment or administration of govt., the right of suffrage, the right to hold public office, the right of petition and, in general, the rights appurtenant to citizenship vis-vis the management of govt. [Simon v. CHR, GR 100150. Jan. 5, 1994, 6th Ed., 1324]. 2. The power to participate, directly or indirectly, in the management of the government. [Anthony v. Burrow, 129 F 783]. Compare with Civil rights. Political science. The study of governments, public policies and political processes, systems, and political behavior. Political sovereignty. Pol. Law. The sovereignty of the electorate; or in its general sense, the sovereignty of the whole body politic. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 35]. Compare with Legal sovereignty. Political violence. War, revolution, civil strife, terrorism, and similar acts that can result in injury or loss of property. Politics. The science of govt.; the art or practice of administering public affairs. Poll. The process of voting in an election. Poll tax. A tax levied on every adult, without reference to their income or resources. See Capitation taxes. Pollutant. Any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly: (i) alters the quality of any segment of the receiving water body to affect or tend to affect adversely any beneficial use thereof; (ii) is hazardous or potential hazardous to health; (iii) imparts objectionable odor, temperature change, or physical, chemical or biological change to any segment of the water body; or (iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in contravention of the condition, limitation or restriction prescribed in RA 9275. [Sec 4, RA 9275]. Pollution. Any alteration of the physical, chemical and biological properties of any water x x x as will or is likely to cre-
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ate or render such water x x x harmful, detrimental or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational or other legitimate purposes. [Sec. 2(a), PD 984]. Pollution control device. Any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from motor vehicles at levels within the air pollution control standards established by the national Pollution Control Commission. [Sec. 2, PD 1181]. Pollution control and infrastructure devices. Infrastructure, machinery, equipment and/or improvements used for impounding, treating or neutralizing, precipitating, filtering, conveying and cleansing mine industrial waste and tailings as well as eliminating or reducing hazardous effects of solid particles, chemicals, liquids or other harmful byproducts and gases emitted from any facility utilized in mining operations for their disposal. [Sec. 3, RA 7942]. Pollution control technology. Pollution control devices or apparatus, processes, or other means that effectively prevent control or reduce pollution of water caused by effluents and other discharges, from any point source at levels within the water pollution standards. [Sec 4, RA 9275]. Pollution damage. (1) Loss or damage caused outside the ship by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge may occur: Provided, That compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and (2) The costs of preventive measures and further loss or damage caused by preventive measure. [Sec. 3, RA 9483]. Polygamous. Having more than one mate at a time. Polygamy. Being married to more than one person. Polygraph. A lie-detector machine which records even the slightest variation in blood pressure, body temperature and respiration as questions are put to, and answers elicited from a subject. Polypropylene. A substance resembling polyethelyne which is one of a group of partially crystalline lightweight thermoplastics used chiefly in making fibers, films, and molded and extruded products. [Farolan v. Solmac Mktg. Corp., GR 83589. Mar. 13, 1991]. Polyps. 1. Mushroom-shaped growths [that] are usu. benign, but some develop into cancer over time. [Leonis Navigation Co., Inc. v. Villamater, GR 179169. Mar. 3, 2010]. 2. Benign tumors of the large intestine. [Ibid.]. Polytechnic University of the Philippines (PUP). The state university created under and by virtue of PD 1341 which was signed into law on Apr. 1, 1978. Pond. A body of still water, natural or artificial, smaller than a lake; sometimes, by extension, an enclosure for fish in a running stream. [Guzman v. Mun. of Taytay, GR 43626. Mar. 7, 1938].
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Ponente or Opinion writer. A Member of the Sup. Court assigned to write the opinion of the Court immediately upon arriving at a conclusion regarding the issue or issues in the case. [The Internal Rules of the Sup. Court, AM 10-4-20SC, May 4, 2010]. Poor. 1. Members of households identified as poor through the NHTS-PR by the DSWD or any subsequent system used by the natl. govt. in identifying the poor. [Sec. 4, RA 10354]. 2. Individuals and families whose income fall below the poverty threshold as defined by the NEDA and/or cannot afford in a sustained manner to provide their minimum basic needs of food, health, education, housing and other essential amenities of life. [Sec. 3, RA 8425]. Poor but deserving students. Those whose parents' combined income, together with their own, if any, does not exceed the annual regional poverty threshold level for a family of 6 for the preceding year as may be determined by the National Economic and Development Authority (NEDA). Employment facilitation services for applicants to the program shall be done by the Public Employment Service Office (PESO). [Sec. 1, RA 9547]. Poor man's cocaine. Metamphetamine hydrochloride, one of the derivatives of metamphetamine, a regulated drug under RA 6425, as amended. Also notoriously known in street parlance as shabu. [People v. Lo Ho Wing, GR 88017. Jan. 21, 1991]. Pork. Short for Pork barrel. It involves funding for government programs whose economic or service benefits are concentrated in a particular area but whose costs are spread among all taxpayers. Pork barrel. 1. The appropriation of government spending for localized projects secured solely or primarily to bring money to a representative's district. 2. In the Phils., the term is commonly used in politics. Filipino legislators are allocated large sums of the annual national budget [P200 million for each senator and P70 million for each representative] in a program called the Priority Development Assistance Fund (PDAF) or formerly referred to as the Countrywide Develpoment Fund (CDF). 3. [The term] has gained a derogatory meaning referring to government projects affording political opportunism. [Lawyers Against Monopoly and Poverty (LAMP) v. Sec. of Budget and Management, GR 164987, Apr. 24, 2012]. Porn or Porno. Abbrev. of Pornography. Pornographic. Designed to arouse lust. Pornography. 1. Any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes. [Sec. 3, RA 10364; Sec. 3, RA 9208]. A depiction [as in writing or painting] of licentiousness or lewdness. A portrayal of exotic behavior designed to cause sexual excitement. Port. A place where ships may anchor or tie up for the purpose of shelter, repair, loading or discharge of cargo, or for other such activities connected with water-borne commerce, and incl. all the
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land and water areas and the structures, equipment and facilities related to these functions. [Sec. 3, PD 857]. Port of entry. A port open to both foreign and domestic trade. The term includes principal ports of entry and subports of entry. [Sec. 2, PD 1433]. Port of Inspection. An establishment authorized or designated by the NMIS within a certain kilometer radius from the port of entry, wherein inspection and collection of samples is being conducted prior to its release for domestic distribution. [Sec. 4, RA 9296]. Portability. 1. Health Ins. Law. The enablement of a member to avail of National Health Insurance Program benefits in an area outside the jurisdiction of his Local Health Insurance Office. [Sec. 1, RA 9241]. Social Ins. Law. 2. The transfer of funds for the account and benefit of a worker who transfers from one system to the other. [Sec. 2, RA 7699]. Portability Law. RA 7699 entitled An Act instituting limited portability scheme in the social security insurance systems by totalizing the workers' creditable services or contributions in each of the systems enacted on May 1, 1994. Portal. A website that aggregates a wide variety of content for the purpose of attracting a large number of users. [Sec. 5, RA 9184]. Portal cirrhosis. A chronic disease characterized by increased connective tissue that spreads from the portal spaces, distorting liver architecture and impairing liver functions. [Clemente v. GSIS, GR L-47521. July 31, 1987]. Porter. A person employed to carry luggage and other loads, esp. in an airport or a hotel. Porter resolution. Intl. Law. The qualification under the Drago doctrine that was later adopted in the 2nd Hague Conference that the debtor state should not refuse or neglect to reply to an offer of arbitration, or, after accepting the offer, prevent any compromis from being agreed upon, or, after the arbitration, fail to submit to the award. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 56]. Porterage. Services rendered in the carriage or handling of passenger luggages and baggages which can be carried by hand and are not of such weight and number as to require the assistance of loading or unloading equipment or machinery or a relatively long time to undertake. Portion. That which forms part of the whole. When one speaks of a portion, logically one of its sides borders the remaining part of the whole. POS. See Point-of-sale. Position. A set of duties and responsibilities, assigned or delegated by competent authority and performed by an individual either on full-time or part-time basis. A position may be filled or vacant. [Sec. 3, PD 985]. Position classification. The grouping of positions into classes on the basis of similarity of kind and level of work, and the determination of the relative worth of those classes of positions. [Sec. 3, PD 985]. Position classification system. A system for classifying positions by occupational
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groups, series and classes, acc. to similarities or differences in duties and responsibilities, and qualification requirements. It consists of: (a) classes and class specifications; and (b) the rules and regulations for its installation and maintenance and for the interpretation, amendment and alternation of the classes and class specifications to keep pace with the changes in the service and the positions therein. [Sec. 3, PD 985]. Position of trust and confidence. 1. A position held by an employee the functions of which may only be performed by someone who has the confidence of management. 2. One where a person is entrusted with confidence on delicate matters, or with the custody, handling, or care and protection of the employer's property. [Lepanto v. CA, 1 SCRA 1251 (1961)]. Positive. Certain; sure; absolute; affirmative. Positive act of the government. A positive act declaring land as alienable and disposable [which] is required, in keeping with the presumption of State ownership, such as an official proclamation declassifying inalienable public land into disposable land for agricultural or other purposes. [Chavez v. PEA, GR 133250, July 9, 2002]. Positive adjustment to import competition. The ability of the domestic industry to compete successfully with imports after measure, or to the orderly transfer of resources to other productive pursuits; and to the orderly transition of dislocated workers in the industry to other productive pursuits. [Sec. 4, RA 8800]. Positive credit information. Information or data concerning the credit performance of a borrower such as, but not limited to, information on timely repayments or non-delinquency. [Sec. 3, RA 9510]. Positive easement. An easement which imposes upon the owner of the servient estate the obligation of allowing something to be done or of doing it himself. [Art. 616, CC]. Compare with Negative easement. Positive evidence. Evidence where the witness affirms that a fact did or did not occur. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 4]. Compare with Negative evidence. Positive fraud. Also Actual fraud. [It] proceeds from an intentional deception practiced by means of misrepresentation of material facts. [Gasataya v. Mabasa, GR 148147, 16 Feb. 2007]. Positive identification. [It] pertains essentially to proof of identity and not per se to that of being an eyewitness to the very act of commission of the crime. [People v. Gallarde, GR 133025, Feb. 17, 2000]. Positive identification by circumstantial evidence. [The type of positive identification where], although a witness may not have actually seen the very act of commission of a crime, he may still be able to positively identify a suspect or accused as the perpetrator of a crime as for instance when the latter is the person or one of the persons last seen with the victim immediately before and right after the commission of the crime. [People v. Gallarde, GR 133025, Feb. 17, 2000].
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Positive identification by direct evidence. [The type of positive identification where] a witness may identify a suspect or accused in a criminal case as the perpetrator of the crime as an eyewitness to the very act of the commission of the crime. This constitutes direct evidence. [People v. Gallarde, GR 133025, Feb. 17, 2000]. Positive testimony. It is when the witness affirms that a fact did or did not occur. [Tanala v. NLRC, GR 116588. Jan. 24, 1996]. Compare with Negative testimony. Positivism. Theory that international law is the voluntary creation of sovereign states. Possess. To have or to actually and physically occupy a thing, with or without right Possession. 1. The holding of a thing or the enjoyment of a right. [Art. 523, CC]. 2. A term to denote the mere fact of physical control over tangible objects. Possession. Elements: (1) There must be occupancy, apprehension or taking, and (2) there must be intent to possess. [Yu v. Pacleb, GR 130316, Jan. 24, 2007]. Possession by tolerance. The occupation by a person of the land of another at the latter's tolerance or permission without any contract bet. them. Such person is necessarily bound by an implied promise that he will vacate upon demand, failing which a summary action for ejectment is the proper remedy against him. [Arcal v. CA, GR 127850, 26 Jan. 1998]. Possession in concept of holder. Possession whereby one possesses as a mere holder, or not in the concept of owner, and acknowledges in another a superior right which he believes to be ownership, whether his belief be right or wrong. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 245]. Possession in concept of owner. Possession whereby the possessor may be the owner himself or one who claims to be so. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 245]. Possession in good faith. [It] consists in the reasonable belief that the person from whom the thing is received has been the owner thereof, and could transmit his ownership. [Tan v. Ramirez, GR 158929, Aug. 3, 2010, Art. 1127, CC]. Possession of dangerous drugs. Elements: (1) The accused is in possession of an item or object which is identified to be a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the said drug. (People v. Dela Cruz, GR 182348, 20 Nov. 2008]. Possession of picklocks or similar tools. Crim. Law. The felony committed by any person who shall without lawful cause have in his possession picklocks or similar tools esp. adopted to the commission of the crime of robbery, or by any person who shall make such tools. [Art. 304, RPC]. Possession of prohibited interest by a public officer. Crim. Law. The felony committed by a public officer who, directly or indirectly, shall become interested in any contract or business in which it is his official duty to intervene, or by experts, arbitrators and private ac-
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countants who, in like manner, shall take part in any contract or transaction connected with the estate or property in appraisal, distribution or adjudication of which they shall have acted, and to the guardians and executors with respect to the property belonging to their wards or estate. [Art. 216, RPC]. Possession of the status of an illegitimate child. [The fact that] the father has treated the child as his own, directly and not through others, spontaneously and without concealment though without publicity [since the relation is illegitimate]. [Reyes and Puno, Outline of Phil. Civil Law, Vol. 1, 1964 Ed., pp. 269270]. Possession; how acquired. It is acquired by the material occupation of a thing or the exercise of a right, or by the fact that it is subject to the action of our will, or by the proper acts and legal formalities established for acquiring such right. [Art. 531, CC]. Possession, how lost. (a) By the abandonment of the thing; (b) by an assignment made to another either by onerous or gratuitous title; (c) by the destruction or total loss of the thing, or because it goes out of commerce; (d) by the possession of another, subject to the provisions of Art. 537 of the Civ. Code, if the new possession has lasted longer than one year. But the real right of possession is not lost till after the lapse of 10 years. [Art. 555, CC]. Possession, preparation and use of prohibited drugs and maintenance of opium dens. Crim. Law. The felony committed by: (a) anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise use any prohibited drug; or (b) anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation of the law. [Art. 190, RPC]. Possession, Writ of. The writ of execution employed to enforce a judgment to recover the possession of land. It commands the sheriff to enter the land and give possession of it to the person entitledunder the judgment. See Writ of possession. Possessor. A person who takes, occupies, or holds something without necessarily having ownership, or as distinguished from the owner. Possessor in bad faith. A person in possession of property knowing that his title thereto is defective. [Escritor v. IAC, GR L-71283. Nov. 12, 1987]. Possessor in good faith. 1. A possessor who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. [Art. 526, CC]. 2. A person who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. [Maneclang v. Baun, GR L-27876. Apr. 22, 1992]. Possessory. Depending on or arising from possession. Possessory information title. A prima facie evidence of the fact that the possessor of the land to which it refers has actual possession. Possessory lien. A lien on property, the possession of which has been transferred to a creditor or a representative or agent thereof. [Sec. 4, RA 10142]. Possessory lien of the unpaid seller. The right of the seller who is in posses-
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sion of the goods to retain possession of them until payment or tender of the price in cases: (a) where the goods have been sold without any stipulation as to credit; (b) where the goods have been sold on credit, but the term of credit has expired; (c) where the buyer becomes insolvent. [Diaz, Bus. Law Rev., 1991 Ed., p. 126]. Possessory title. A land registry title that is used for titles based on missing deeds or on adverse possession. Post. All Phil. embassies, missions, consulates general and other foreign service establishments maintained by the DFA. [Sec. 5, RA 7157]. Post office. A facility authorized by a postal system for the posting, receipt, sorting, handling, transmission or delivery of mail. Postage. 1. The sending or conveying of letters and parcels by mail. 2. The amount required to send a letter or parcel by mail. Postal code. ZIP code; a code of letters and digits added to a postal address to aid in the sorting of mail. Postal service. Mail; the system whereby messages are transmitted via the post office. Postal Service Act of 1992. RA 7354 entitled An Act creating the Phil. Postal Corporation, defining its powers, functions and responsibilities, providing for regulation of the industry and for other purposes connected therewith enacted on Apr. 3, 1992. Postdate. To put a date on a check that is later than the actual date. Postdated check. A check delivered now with a written date in the future, so that it cannot be cashed until that date. Postdated instrument. A negotiable instrument where the date appearing thereon is later than the true date of its issuance. Compare with Antedated instrument. Post-disaster recovery. The restoration and improvement where appropriate, of facilities, livelihood and living conditions. of disaster-affected communities, incl. efforts to reduce disaster risk factors, in accordance with the principles of "build back better". [Sec. 3, RA 10121]. Posted price. The FOB price established by the contractor in consultation with the Petroleum Board for each grade, gravity and quality of crude oil offered for sale to buyers generally for export at the particular point of export, which price shall be based upon geographical location, and the fair market export values for crude oil of comparable grade, gravity and quality. [Sec. 3, PD 87]. Post-exposure Treatment (PET). An antirabies treatment administered after an exposure to rabies, which include local wound care, rabies vaccine, with or without anti-rabies immunizing agent. [Sec. 3, RA 9482]. Post-harvest activities. Threshing, drying, milling, grading, storing, and handling of produce and such other activities as stripping, winnowing, chipping and washing. [Sec. 4, RA 8435; Sec. 4, RA 7607]. Post-harvest facilities. 1. Facilities that include, but are not limited to, fishport, fishlanding, ice plants and cold storag-
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es, fish processing plants. [Sec. 4, RA 8550]. 2. Threshers, moisture meters, dryers, weighing scales, milling equipment, fish ports, fish landings, ice plants and cold storage facilities, processing plants, warehouses, buying stations, market infrastructure and transportation facilities. [Sec. 4, RA 8435; Sec. 4, RA 7607]. Postliminium. Intl. Law. The rule by which persons or things captured in war resume their original status when restored to the jurisdiction of their own country. Postliminium right. Also Jus postliminium. Intl. Law. The right by which persons or things taken by the enemy are restored to the former state on coming actually into the power of the nation to which they belong. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 141]. Postliminy. Variant of Postliminium. Posts. The Phil. embassies, consulates, foreign service establishments and other Phil. Govt. agencies maintaining offices abroad and having jurisdiction over the places where the overseas voters reside. [Sec. 2, RA 10590]. Post-sentence investigation report. A report of the Parole and Probation Officer after conducting post sentence investigation and interviews containing the circumstances surrounding the offense for which the petitioner was convicted. The findings should be drawn from the court records, police records, statement of defendants, the aggrieved party and other persons who may know the petitioner and all other matters material to the petition. Post-test counseling. The process of providing risk-reduction information and emotional support to a person who submitted to HIV testing at the time that the test result is released. [Sec. 4, RA 8496]. Post-traumatic stress disorder. Legal Med. An anxiety disorder caused by exposure to an overwhelming traumatic event in which the person later repeatedly re-experiences the event. [Olarte, Legal Med., 1st Ed. (2004), p. 137]. Post-trial. Items happening after the trial, i.e., post-trial motions or post-trial discovery. Post-trial motion. A motion which is filed after the trial is over. Potential animal pest. It shall comprise certain species of animal that are liable to become agricultural crop pests such as insects, monkeys, rodents, bats, finches, rabbits, snails and other forms of animal life capable of causing injury to agricultural crops. [Sec. 2, PD 1433]. Potentially infectious medical waste. This includes isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, and other disposable medical equipment and material that may pose a risk to the public health, welfare or the marine environment. [Sec 4, RA 9275]. Potestas delegata non delegari potest. Lat. What has been delegated cannot be delegated. This doctrine is based on the ethical principle that such as delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his
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own judgment and not through the intervening mind of another. [US v. Barrias, 11 Phil. 327, 330 (1908); People v. Vera, 65 Phil. 56, 113 (1937)]. Potestative. Authoritative. Potestative condition. 1. A condition, the fulfillment of which depends upon the sole will of the debtor, in which case, the conditional obligation is void. [Naga Tel. Co., Inc. v. CA, GR 107112. Feb. 24, 1994]. 2. One which depends upon the will of the debtor. [Diaz, Bus. Law Rev., 1991 Ed., p. 10]. Pound. A public enclosure for stray animals. [Sec. 3, RA 9482]. Poverty. The state of being extremely poor. Poverty alleviation. The reduction of absolute poverty and relative poverty. [Sec. 3, RA 8425]. POW. See Prisoner of war. Power. Authority to do. One has the power to do something if he is of legal age. Also, used as powers, the term refers to authority granted by one person to another, i.e., powers given an executor in a will or an agent in a power of attorney. Power applications. Renewable energy systems or facilities that produce electricity. [Sec. 4, RA 9513]. Power development program (PDP). The indicative plan for managing electricity demand through energy-efficient programs and for the upgrading, expansion, rehabilitation, repair and maintenance of power generation and transmission facilities, formulated and updated yearly by the DOE in coordination with the generation, transmission and electric utility companies. [Sec. 4, RA 9136]. Power of appointment. The Presidents power to appoint such officials as provided for in the Consti. and laws. [Sec. 16, Admin. Code of 1987]. Power of attorney. 1. A formal instrument authorizing another to act as one's agent or attorney. 2. A document which gives a person the right to make binding decisions for another, as an agent. A power of attorney may be specific to a certain kind of decision or general, in which the agent makes all major decisions for the person who is the subject of the power of attorney. Power of control. 1. The Presidents control power over all the executive departments, bureaus, and offices. [Sec. 1, Admin. Code of 1987]. 2. The power of an officer to alter or modify or nullify or set aside what a subordinate officer has done in the performance of his duties and to substitute the judgment of the former for that of the latter. [De Villa v. City of Bacolod, GR 80744. Sep. 20, 1990]. 3. The power [of the Pres.] to revise or reverse the acts or decisions of a subordinate officer involving the exercise of discretion. [Rufino v. Endriga, GR 139554, 21 July 2006]. Power of review. The power exercised to determine whether it is necessary to correct the acts of the subordinate and to see to it that he performs his duties in accordance with law. [Phil. Game fowl Commission v. IAC, 146 SCRA 294 (1986)].
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Power of subordinate legislation. The authority to issue rules to carry out the general provisions of the statute entrusted by the national legislature to administrative agencies, with the proliferation of specialized activities and their attendant peculiar problems. [The Conference of Maritime Manning Agencies, Inc. v. POEA, GR 114714, Apr. 21, 1995]. Power of supervision. The power of a superior officer to see to it that subordinates perform their functions acc. to law. [De Villa v. City of Bacolod, GR 80744. Sep. 20, 1990]. Power of the purse. The spending power which, under the Consti., belongs to Congress, subject only to the veto power of the Pres. [Phil. Consti. Assoc. v. Enriquez, GR 113105. Aug. 19, 1994]. Power over aliens under the general principles of International Law. Such powers as are recognized by the generally accepted principles of intl. law [which] the Pres. shall exercise with respect to aliens in the Phils. [Sec. 11, Admin. Code of 1987]. Power over ill-gotten wealth. The Presidents power to direct the Sol. Gen. to institute proceedings to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees. The Presidents authority to recover, within the period fixed in, or any extension thereof authorized by, the Consti., ill-gotten properties amassed by the leaders and supporters of the previous regime and protect the interest of the people through orders of sequestration or freezing of assets or accounts. [Sec. 15, Admin. Code of 1987]. Power plant. An installation where electrical power is generated for distribution. Power plant design. The planning, specifying, coordinating and lay-outing of electrical equipment in power plants, substations and the like. [Sec. 2, RA 7920]. Power Sector Assets and Liabilities Management Corp. (PSALM). The corporation organized pursuant to Sec. 49 of RA 9136 and tasked to undertake the privatization of the assets of the Napocor and the National Transmission Corp. [Transco] as well as the privatization of the management of Napocor's IPP [Independent Power Producer] contracts. [Sec. 4, RA 9136]. Power to change non-immigrant status of aliens. The Presidents power, subject to the provisions of law, to change the status of non-immigrants by allowing them to acquire permanent residence status without necessity of visa. [Sec. 9, Admin. Code of 1987]. Power to countermand decisions of the Board of Commissioners of the Bureau of Immigration. The Presidents power to countermand the decision of the Board of Commissioners which has jurisdiction over all deportation cases shall become final and executory after thirty (30) days from promulgation. [Sec. 10, Admin. Code of 1987]. Power to deport. The Presidents power to deport aliens subject to the requirements of due process. [Sec. 8, Admin. Code of 1987]. Power to direct escheat or reversion proceedings. The Presidents power to direct the Sol. Gen. to institute escheat
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or reversion proceedings over all lands transferred or assigned to persons disqualified under the Consti. to acquire land. [Sec. 13, Admin. Code of 1987]. Power to issue temporary designation. The Presidents power to temporarily designate an officer already in the government service or any other competent person to perform the functions of an office in the executive branch, appointment to which is vested in him by law, when: (a) the officer regularly appointed to the office is unable to perform his duties by reason of illness, absence or any other cause; or (b) there exists a vacancy. [Sec. 17, Admin. Code of 1987]. Power to regulate. The power to protect, foster, promote, preserve, and control with due regard for the interests, first and foremost, of the public, then of the utility and of its patrons. [Phil. Communications Satellite Corp. v. Alcuaz, 180 SCRA 218]. Power to reserve lands of the public and private domain of the government. The Presidents power to reserve for settlement or public use, and for specific public purposes, any of the lands of the public domain, the use of which is not otherwise directed by law. The reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise provided by law or proclamation; Also, the Presidents power to reserve from sale or other disposition and for specific public uses or purposes, any land belonging to the private domain of the Government, or any of the Friar Lands, the use of which is not otherwise directed by law, and thereafter such land shall be used for the purposes specified by such proclamation until otherwise provided by law. [Sec. 14, Admin. Code of 1987]. Power to tax is not the power to destroy while the Sup. Court sits (Holmes dictum). The reassuring words of Mr. Justice Holmes of the US Sup. Court: "The power to tax is not the power to destroy while this Court sits. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. Power to tax is the power to destroy (Marshall dictum). The 1803 dictum of Chief Justice Marshall of the US Sup. Court that "the power to tax involves the power to destroy. [Sison v. Ancheta, GR L-59431. July 25, 1984]. PPA. See Philippine Ports Authority. PPO. See Permanent Protection Order. Practicable. Possible to practice or perform. [Tatad v. Sec. of Energy, GR 124360. Nov. 5, 1997]. Practice. The method of performance established bet. parties by their actions or conduct. Practice of law. Any activity, in or out of court, which requires the application of law, legal procedures, knowledge, training and experience. To engage in the practice of law is to perform those acts which are characteristic of the profession. Generally, to practice law is to give advice or render any kind of service that involves legal knowledge or skill. The practice of law is not limited to the conduct of cases in court. It includes legal advice and counsel, and the preparation of legal instruments and contracts by which legal rights are secured, although such matter may or may not be pending in a court. In the practice of his profes-
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sion, a licensed attorney at law generally engages in 3 principal types of professional activity: legal advice and instructions to clients to inform them of their rights and obligations, preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman, and appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty, and property acc. to law, in order to assist in proper interpretation and enforcement of law. When a person participates in a trial and advertises himself as a lawyer, he is in the practice of law. One who confers with clients, advises them as to their legal rights and then takes the business to an attorney and asks the latter to look after the case in court, is also practicing law. Giving advice for compensation regarding the legal status and rights of another and the conduct with respect thereto constitutes a practice of law. One who renders an opinion as to the proper interpretation of a statute, and receives pay for it, is, to that extent, practicing law. [Ulep v. Legal Clinic, Bar Matter 553. June 17, 1993]. Practicing lawyers. Members of the Phil. Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, incl. but not limited to the NLRC, NCMB, DOLE Regional Offices, DARAB and NCIP. The term shall exclude: (i) Govt. employees and incumbent elective officials not allowed by law to practice; (ii) Lawyers who by law are not allowed to appear in court; (iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of NGOs POs like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and (iv) Lawyers not covered under subpars. (i) to (iii) incl. those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies. [Proposed Rule on Mandatory Legal Aid Service for Practicing Lawyers, Sec. 4, BM 2012, Feb. 10, 2009]. Practising lawyer. One engaged in any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. Praeter intentionem. Lat. The act went beyond the intent. Lack of intention to commit so grave a wrong as that committed. [Nizurtado v. Sandiganbayan, GR 107383. Dec. 7, 1994]. PRC. See Professional Regulation Commission. Preamble. 1. The key to understanding the statute, written to open the minds of the makers to the mischiefs that are to be remedied, and the purposes that are to be accomplished, by the provisions of the statute. ] Estrada v. Escritor, 455 Phil. 411, 569 (2003)]. 2. A preface, an introduction or explanation of what is to follow: that clause at the head of acts of congress or other legislatures which explains the reasons why the act is made. Preambles are also frequently put in contracts to, explain the motives of the contracting parties. Preambulatory clauses. The introductory parts of a statute or deed, stating its purpose, aims, and justification usu. written in the form of clauses beginning with the word whereas.
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Precarium. The contractual relation where the bailor may demand the thing at will: (a) if neither the duration of the contract nor the use to which the thing loaned should be devoted, has been stipulated; or (b) if the use of the thing is merely tolerated by the owner. [Art. 1947, CC]. Precaution. A measure taken in advance to prevent something dangerous, unpleasant, or inconvenient from happening. Precautionary. Taken in advance to protect against possible danger or failure. Precautionary approach. Intl. Law. Attitude that states should not delay in taking action to correct a threat of serious or irreversible damage to the environment merely because there is a lack of scientific certainty that injury will result. Precautionary measure. A measure taken in advance to prevent something dangerous, unpleasant, or inconvenient from happening. Precautionary principle. [The principle that] states that when human activities may lead to threats of serious and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish that threat. [Rules of Procedure for Environmental Cases, AM 09-6-8-SC, Apr. 29, 2010]. Precedent. 1. Decision or principle enunciated by a court of competent jurisdiction on a question of law which does not only serve as a guide but also as an authority to be followed by all other courts of equal or inferior jurisdiction in all cases involving the same question until the same is overruled or reversed by a superior court. [Suarez, Stat. Con., (1993), p. 40]. 2. Laws established by previous cases which must be followed in cases involving identical circumstances. See Stare decisis. Precepto. Sp. A command which induces one to commit a crime. [Aquino, RPC, 1976 Ed., Vol. 1, p. 431]. Compare with Pacto. Precinct. 1. One of several districts into which a city or town is divided for voting; each contains one polling place. 2. A form of division of a geographical area patrolled by a police force. Precinct Count Optical Scan (PCOS). A technology using an optical ballot scanner, located in every precinct, that scans or reads paper ballots that votes mark by hand and are inserted in the scanner to be counted. [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010]. Precious coral. Skeleton of anthozoan coelenterate characterized as having a rigid axis of compact calcareous or horny spicules, belonging to the genus corallium as represented by the red, pink and white corals. [Sec. 3, PD 1219]. Precious metals. Gold, silver, platinum, palladium, rhodium, ruthenium, iridium and osmium. These include alloys of precious metals, solders and plating chemicals such as rhodium and palladium plating solutions and potassium gold cyanide and potassium silver cyanide and silver cyanide in salt solution. [Sec. 3, RA 10365]. Precious stones. Diamond, ruby, emerald, sapphire, opal, amethyst, beryl, to-
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paz, and garnet that are used in jewelry making, incl. those formerly classified as semi-precious stones. [Sec. 3, RA 10365]. Precis. A sketchy summary of the main points of an argument or theory; abstract. Preclude. To prevent from happening; to make impossible. Preclusion. Obviation; the act of preventing something by anticipating and disposing of it effectively. Preclusion of claims. It is governed by Rule 39, Sec. 47(b) of the Rules of Court. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. See Res judicata. Preclusion of issues. It is governed by Rule 39, Sec. 47(c) of the Rules of Court. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. See Conclusiveness of Judgment. Preclusion of issues doctrine. The doctrine un which issues actually and directly resolved in a former suit cannot again be raised in any future case bet. the same parties involving a different cause of action. [Borlongan v. Buenaventura, GR 167234, Feb. 27, 2006]. Also called Collateral estoppel doctrine. Predatory. Seeking to exploit or oppress others. Predatory pricing. Selling or offering to sell any oil product at a price below the seller's or offeror's average variable cost for the purpose of destroying competition, eliminating a competitor or discouraging a potential competitor from entering the market: Provided, however, That pricing below average variable cost in order to match the lower price of the competitor and not for the purpose of destroying competition shall not be deemed predatory pricing. [Sec. 11, RA 8479]. Predecease. Succ. 1. N. Death of an heir before the testator. 2. To die before another person. Pre-departure loans. Loans granted to departing migrant workers covered by new contracts to satisfy their predeparture requirements such as payments for placement or processing fees, airplane fare, subsistence allowance, cost of clothing and pocket money. [Sec. 30, IRR, RA 8042]. Preempt. To take precedence over. Preemptive. Serving or intended to forestall something, esp. to prevent attack by disabling the enemy. Preemptive right. A right to acquire certain property in preference to any other person. Preemptive right of a stockholder. The right of a stockholder to subscribe to all issues or disposition of share of any class in proportion to his respective shareholding. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Preemptive strike. A surprise attack that is launched in order to prevent the enemy from doing it. Pre-entry training. A basic skills training for immediate entry into the working environment. [Sec. 1, Rule 1, Book 2, IRR of LC].
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Pre-exposure Prophylaxis (PEP.) Rabies vaccination administered before an exposure to Rabies to those who are at high risk of getting rabies. [Sec. 3, RA 9482]. Preference. [It] signifies priority or higher evaluation or desirability; choice or estimation above another. [Sison v. People, GR 170339, 170398-403, Mar. 9, 2010]. Preference of credit. The bestowing upon the preferred creditor an advantage of having his credit satisfied first ahead of other claims which may be established against the debtor. [DBP v. Sec. of Labor, GR 79351, 28 Nov. 1989]. Preferential hiring. Labor. A hiring practice by the employer that favors a particular group for employment. Preferential hiring agreement. Labor. An agreement bet. the employer and the union whereby the former is obliged to give preference to the members of the latter who are qualified. However, absent such qualified union members will give the employer the right to choose those from outside of the contracting union. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157]. Preferred share. 1. A share which entitles the holder thereof to certain preferences over the holders of common stock. The preferences are designed to induce persons to subscribe for shares of a corporation. They may consist in the payment of dividends or the distribution of the assets of a corporation in case of its dissolution ahead of the common stockholders, or such other preferences as may be stated in the articles of incorporation which are not violative of the provisions of the Corp. Code. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 62]. 2. A share in a company that has some kind of special right or privilege attached to it, such as that it is distinguished from the companys common shares. The most common special right is a preference over holders of common shares when dividends are declared. Another, is for the preferred shares to be redeemable at the option of either the holder or the company. Still another might be to disallow voting rights to preferred shareholders. Compare with Common share. Preferred shares of stock. Shares of stock issued by any corporation which may be given preference in the distribution of the assets of the corporation in case of liquidation and in the distribution of dividends, or such other preferences as may be stated in the articles of incorporation which are not violative of the provisions of the Corp. Code: Provided, That preferred shares of stock may be issued only with a stated par value. (Sec. 6, Corp. Code]. Pregnancy. An after-the-fact condition of the liaison bet. 2 persons of different sexes. [People v. Villarin, GR 96950. Jan. 29, 1993]. Pre-harvest activities. They include, but are not limited to, seedbed and land preparation, planting, weeding, pest and disease control, fertilizer application, water management and harvesting. [Sec. 4, RA 7607]. Pre-harvest facilities. They include, but are not limited to, plows, harrows, tractors, rotavators and sprayers. [Sec. 4, RA 7607].
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Prejudice. An adverse judgment or opinion formed beforehand or without knowledge or examination of the facts. Prejudicial. 1. Tending to injure or impair; detrimental. 2. Leading to premature judgment or unwarranted opinion. Prejudicial question. A question which is based on a fact distinct and separate from the crime but so intimately connected with it that its resolution is determinative of the guilt or innocence of the accused. To justify suspension of the criminal action, it must appear not only that the civil case involves facts intimately related to those upon which the criminal prosecution is based but also that the decision of the issue or issues raised in the civil case would be decisive of the guilt or innocence of the accused. [Apa v. Fernandez, GR 112381. Mar. 20, 1995]. Prejudicial question. Elements: (a) The civil action involves an issue similar or intimately related to the issue raised in the criminal action: and (b) the resolution of such issue determines whether or not the criminal action may proceed. [Sec. 5, Rule 111 of RoC; Yap v. Paras; Umali v. IAC, 186 SCRA 680 (1990)]. Prejudicial question doctrine. The doctrine [that] comes into play generally in a situation where civil and criminal actions are pending and the issues involved in both cases are similar or so closely related that an issue must be preemptively resolved in the civil case before the criminal action can proceed. Thus, the existence of a prejudicial question in a civil case is alleged in the criminal case to cause the suspension of the latter pending final determination of the former. [Quiambao v. Osorio, GR L-48157 Mar. 16, 1988]. Preliminary attachment. Civ. Pro. The provisional remedy in virtue of which a plaintiff or other proper party may, at the commencement of the action or at any time thereafter, have the property of the adverse party taken into the custody of the court as security for the satisfaction of any judgment that may be recovered. It is a remedy which is purely statutory in respect of which the law requires a strict construction of the provisions granting it. [H.B. Zachry Co. Intl. v. CA, GR 106989. May 10, 1994]. Preliminary attachment, Writ of. Civ. Pro. A provisional remedy issued upon order of the court where an action is pending to be levied upon the property or properties of the defendant therein, the same to be held thereafter by the sheriff as security for the satisfaction of whatever judgment might be secured in said action by the attaching creditor against the defendant. [Adlawan v. Tomol, 184 SCRA 31 (1990) citing Virata v. Aquino, 53 SCRA 30-31 (1973)]. See Writ of preliminary attachment. Preliminary conference. The term is akin and similar to the provision on "pre-trial" under the Rev. Rules of Court. Both provisions are essentially designed to promote amicable settlement or to avoid or simplify the trial. [Martinez v. Dela Merced, GR 82039. June 20, 1989]. Preliminary hearing. Also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial. Preliminary injunction. Civ. Pro. 1. An order granted at any stage of a proceed-
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ing prior to the judgment or final order, requiring a party or a court, agency, or a person to refrain from a particular act or acts. [Sec. 1, Rule 58 of RoC]. 2. a provisional remedy for the protection of substantive rights and interests. it is not a cause of action in itself but merely an adjunct to the main case. Its objective is to prevent a threatened or continuous irreparable injury to some of the parties before their claims can be thoroughly investigated and advisedly adjudicated. It is resorted to only when there is a pressing need to avoid injurious consequences which cannot be remedied under any standard compensation. [Del Rosario v. CA, 325 Phil. 424, 431 (1996)]. Preliminary injunction. Civ. Pro. Requisites for issuance: (1) The existence of a right to be protected and (2) the acts against which the injunction is directed are violative of the right. [Kho v. CA, 429 Phil. 140, 150 (2002)]. Preliminary injunction, Writ of. Civ. Pro. A writ [by the court] issued to preserve the status quo ante, upon an applicants showing of 2 important requisite conditions; namely, (1) the right to be protected exists prima facie, and (2) the acts sought to be enjoined are violative of that right. It must be proven that the violation sought to be prevented would cause an irreparable injustice. [Los Baos Rural Bank, Inc. v. Africa, GR 143994, July 11, 2002], See Writ of preliminary injunction. Preliminary investigation. 1. An inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof, and should be held for trial. [Sec. 1, Rule 112, RoC]. 2. The means to discover who may be charged with a crime, its function being merely to determine probable cause. [Albaa v. Belo, GR 158734, Oct. 2, 2009]. Preliminary mandatory injunction. Civ. Pro. An extraordinary remedy to be availed of only where the petitioner has shown: (a) that he has a right which is clear and unmistakable under the law and the facts; (b) that the invasion of the right is material and substantial; and (c) that there exists an urgent and paramount necessity for the issuance of the writ to prevent extreme or serious damage. [Villadores v. Encarnacion, GR L6425. Sep. 30, 1954]. Premature. Occurring or done before the usual or proper time; too early. Premature conversion of agricultural land. 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. [DAR AO 01-99]. See Agricultural land, Premature conversion of. Premature infants. Infants delivered before the 37th week of gestation with a birth weight of less than 2,500 grams [Amer.] or 2,275 grams [Filipino]. [People v. Malapo, GR 123115. Aug. 25, 1998]. Premature marriages. Crim. Law. The felony committed by any widow who shall marry within 301 days from the date of the death of her husband, or before having delivered if she shall have
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been pregnant at the time of his death, or by any woman whose marriage shall have been annulled or dissolved, if she shall marry before her delivery or before the expiration of the period of 301 days after the legal separation. [Art. 351, RPC]. Premeditacion conocida. Sp. Deliberate premeditation. [US v. Nalua, GR 7311. Aug. 5, 1912]. Premeditation. A deliberate planning of the crime before executing it. Cool thought and reflection which precedes the execution of the criminal act. [People v. Sanchez, GR 188610. June 29, 2010]. Premeditation. [Facts which] must be established: (1) the time when the accused determined (conceived) to commit the crime; (2) an overt act manifestly indicating that he clung to his determination to commit the crime (kill his victim); and (3) a sufficient lapse of time bet. the decision to commit the crime and the execution thereof to allow the accused to reflect upon the consequences of his act. [People v. Herida, GR 127158, Mar. 5, 201]. Premium. The amount paid to the insurer as consideration for insurance. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 78]. Premium pay. The additional compensation required by law to be paid to employees for work performed on nonworking days, such as rest days and special days. Prenda or Mortgage in prenda. A kind of special contract whereby the debtor delivers to the creditor the possession of a parcel of land as security for the loan he has obtained from the latter who enjoys the usufruct. [Rep. v. IAC, GR 74830. July 5, 1993]. Pre-Need. Something paid in advance for future use, or a future investment. Pre-Need Code of the Philippines. RA 9829 entitled An Act Establishing the Pre-Need Code of the Phils. enacted on Dec. 3, 2009. Pre-need company. Any corporation registered with the Insurance Commission and authorized or licensed to sell or offer to sell pre-need plans. The term "pre-need company" also refers to schools, memorial chapels, banks, nonbank financial institutions and other entities which have also been authorized or licensed to sell or offer to sell pre-need plans insofar as their preneed activities or business are concerned. [Sec. 4, RA 9829]. Pre-need plans. 1. Contracts, agreements, deeds or plans for the benefit of the planholders which provide for the performance of future service/s, payment of monetary considerations or delivery of other benefits at the time of actual need or agreed maturity date, as specified therein, in exchange for cash or installment amounts with or without interest or insurance coverage and includes life, pension, education, interment and other plans, instruments contracts or deeds as may in the future he determined by the Insurance Commission. [Sec. 4, RA 9829]. 2.Contracts which provide for the performance of future services of or the payment of future monetary considerations at the time actual need, for which plan holders pay in cash or installment at stated prices, with
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or without interest or insurance coverage and includes life, pension, education, interment, and other plans which the Tariff Commission may from time to time approve. [Sec. 3, RA 8799]. Pre-need reserve liabilities. The measure of the liabilities of the pre-need company for its in-force plans or lapsed plans as of valuation date. [Sec. 4, RA 9829]. Prepared. Slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed. [Sec. 4, RA 9296]. Preparation equivalent rating. A rating of the academic or educational preparation of an individual teacher with equivalent for his training for professional growth and teaching experience. [Sec. 3, PD 985]. Preparatory recall assembly. The registered voters of the LGU to which the local elective official subject to recall belongs. [Sec. 70, LGC]. Preparedness. Pre-disaster actions and measures being undertaken within the context of disaster risk reduction and management and are based on sound risk analysis as well as pre-disaster activities to avert or minimize loss of life and property such as, but not limited to, community organizing, training, planning, equipping, stockpiling, hazard mapping, insuring of assets, and public information and education initiatives. This also includes the development or enhancement of an overall preparedness strategy, policy, institutional structure, warning and forecasting capabilities, and plans that define measures geared to help at-risk communities safeguard their lives and assets by being alert to hazards and taking appropriate action in the face of an Imminent threat or an actual disaster. [Sec. 3, RA 10121]. Pre-payment of required indemnity. The delivery of the proper indemnity required by law for the damage that might be incurred by the servient estate in the event the legal easement upon the extent of compensation cannot be reached by the parties involved, is not an impediment to the establishment of such easement. Precisely, the action of the dominant estate against the servient estate should include a prayer for the fixing of the amount which may be due from the former to the latter. [TalisaySilay Milling v. CFI of Negros Occ., 42 SCRA 584]. Preponderance. Superiority in weight, force, importance, or influence. Preponderance of evidence. 1. Evidence which is of greater weight, or more convincing than that which is offered in opposition to it; the weight, credit and value of the aggregate evidence on either side and is usu. considered to be synonymous with the terms 'greater weight of evidence' or 'greater weight of the credible evidence;' Probability of the truth. Evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto. [Rep. v. CA, GR 84966. Nov. 21, 1991]. 2. The weight, credit, and value of the aggregate evidence on either side and is usu. considered synonymous with the term "greater weight of the evidence" or "greater weight of the credible evidence." A phrase that, in the last analysis, means probability of the truth. It is evidence that is more convincing to
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the court as worthy of belief than that which is offered in opposition thereto. [Cavile v. Litania-Hong, GR 179540, Mar. 13, 2009]. Preponderant. Predominant in influence, number, or importance. Prepositus. Succ. The descendant is the person from whom the degree should be reckoned, or the one at the end of the line from which the property came and upon whom the property last revolved by descent [Cabardo v. Villanueva, 44 Phil. 186, 190]. Pre-proclamation case. Elec. Law. One seeking the annulment of a proclamation. [Abayon v. Comelec, GR 181295, Apr. 2, 2009]. Pre-proclamation controversy. Elec. Law. Any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the Comelec, or any matter raised under Secs. 233, 234, 235 and 236 of the OEC in relation to the preparation, transmission, receipt, custody and appreciation of the election returns. [Sec. 241, BP 881]. Pre-proclamation controversy. Elec. Law. Issues that may be raised: (a) Illegal composition or proceedings of the board of canvassers; (b) The canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Secs. 233, 234, 235 and 236 of the OEC; (c) The election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured or not authentic; and (d) When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate or candidates. [Sec. 243, OEC]. Prescribing opium unnecessary for a patient. Crim. Law. The felony committed by any physician or dentist who shall prescribe opium for any person whose physical condition does not require the use of the same. [Art. 194, RPC]. Prescripcion adcquisitiva. Sp. Title by adverse possession which operates to transfer ownership to the possessor and need not be specifically pleaded since it is an absolute denial of the previous owners claim. Prescripcion extintiva. Sp. A statute of limitations which operates as a bar to the owners right of action and is a new matter which must be specifically pleaded. Prescription. Civ. Law. 1. The acquisition of ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. [Art. 1106, CC]. 2. A time limitation in civil law, by which a right may be acquired [acquisitive prescription] or an obligation extinguished [extinctive prescription] by the passage of a specified period of time. Whereas extinctive prescription in civil law results, for the potential plaintiff, in the loss of the right itself, the expiry of a time limitation in common law usu. results only in the loss of the right to sue. In contemporary civil law, prescription is usu. understood as substantive, rather than procedural, and
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thus governed by the law applicable to the relevant claim. Intl. Law. 3. A derivative mode of acquisition by which a territory belonging to one state is transferred to the sovereignty of another state by reason of the adverse and uninterrupted possession thereof by the latter for a sufficiently long period of time. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 71]. Prescription drug. A drug which has been approved by the Bu. of Food and Drug and which can be dispensed only pursuant to a prescription order from a physician who is duly licensed to do so. [Sec. 1, RA 9241]. Prescription of the crime. The forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time fixed by law. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 313; Board of Commissioners (CID) v. Dela Rosa, GR 95122-23. May 31, 1991]. Prescription of the offense. The loss or forfeiture of the right of the govt. to execute the final sentence after the lapse of a certain time fixed by law. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 313]. Prescription of the penalty. The loss or forfeiture by the govt. of the right to execute the final sentence after the lapse of a certain time. [Board of Commissioners (CID) v. Dela Rosa, GR 95122-23. May 31, 1991]. Prescriptive. Making or giving injunctions, directions, laws, or rules. Prescriptive period for the reconveyance of fraudulently registered real property. The prescriptive period is 10 years, reckoned from the date of the issuance of the certificate of title, if the plaintiff is not in possession, but imprescriptible if he is in possession of the property. [Heirs of Hermosilla v. Remoquillo, GR 167320, Jan. 30, 2007]. Prescriptive period. The period within which a specific action must be filed. [Central Bank v. CA, GR 88353. May 8, 1992]. Presence. In connection with Sec. 5 (a), Rule 113, Rules of Court, on arrest without warrant, the term is properly and restrictively construed to relate to acts taking place within the optical or perhaps auditory perception of the arresting officer. [Umil v. Ramos, GR 81567. Oct. 3, 1991]. Present value. That amount which, if invested now to earn a fixed rate of interest, will be equivalent to a specified amount due on a specific date in the future. [Bautista v. Auditor Gen., L-10859, Aug. 29, 1958]. Presentation of evidence. This consists of putting in as evidence the testimony of the witnesses or the documents relevant to the issue. [People v. Yap, GR 103517. Feb. 9, 1994]. Compare with Offer of evidence. Presentment. Nego. Inst. Production of an instrument to a party liable to pay on it for that party's acceptance [i.e., commitment to pay] or payment. Presentment for acceptance. Nego. Inst. The production of a bill of exchange to a drawee for acceptance. [Prudential Bank v. IAC, GR 74886. Dec. 8, 1992]. Presentment for payment. Nego. Inst. The production of a bill of exchange to
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the drawee or acceptor for payment or the production of a promissory note to the party liable for the payment of the same. President Pro Tempore. Senator who presides over the Senate in the absence of the Senate Pres. Presidents power of control. The power [of the Pres. of the Phils.] to alter or modify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the Pres. over that of the subordinate officer. [Bito-Onon v. Judge Yap Fernandez, 403 Phil. 693 (2001)]. Compare with Presidents power of general supervision. Presidents power of general supervision. The power of a superior officer [i.e., the Pres. of the Phils.] to see to it that subordinates perform their functions acc. to law. [De Villa v. City of Bacolod, GR 80744, 20 Sept, 1990]. Compare with Presidents power of control. Presidential Decrees (PDs). Statutes issued by then Pres. Ferdinand E. Marcos during his incumbency. [Suarez, Stat. Con., (1993), p. 42]. Presidential Special Assistants or Advisers System. [It] includes such special assistants or advisers as may be needed by the Pres. [Sec. 22(4), Admin. Code of 1987]. President's papers. Records created or received, whether before or after the effectivity of RA 9470, by a Pres. while holding office as a Pres. of the Phils. [Sec. 4, RA 9470]. Pressurized or Forced draft burning equipment. Type or burner where the fuel is subjected to pressure prior to discharge into the combustion chamber and/or which includes fans or other provisions for the introduction of air at above normal atmosphere pressure into the same combustion chamber. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Prestation. Civ. Law. 1. A performance of something due upon an obligation. 2. This may consist in giving, doing, or not doing of something. [Torres, Oblig. & Cont., 2000 Ed., p. 24]. Presumed-identity approach doctrine. Also called Processual presumption doctrine. Where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours. [EDIStaffbuilders Intl., v. NLRC, GR 145587, Oct. 26, 2007, 537 SCRA 409, 430]. Presumption. 1. An inference as to the existence of a fact not actually known, arising from its usual connection with another which is known, or a conjecture based on past experience as to what course human affairs ordinarily take. It is either a presumption juris, or of law, or a presumption hominis, or of fact. [Martin v. CA, GR 82248. Jan. 30, 1992]. 2. An inference. Some presumptions are refutable while others are deemed to be irrefutable. Presumptions are also classified as of fact or of law. Compare with Inference. Presumption. Kinds: (a) Conclusive presumption or one where no contrary evidence is admitted; and prima facie [disputable or rebuttable] or one which stays until evidence to the contrary is admitted. [Diaz, Bus. Law Rev., 1991 Ed., p. 9].
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Presumption against absurdity. Stat. Con. The presumption that the legislature does not intend that absurdity will from its enactment. The courts, therefore, have the duty to interpret the law in such a way as to avoid absurd result. [Suarez, Stat. Con., (1993), p. 31]. Presumption against implied repeals. Stat. Con. The presumption that the lawmaking body does not favor repeals (of statutes) by implication. [Suarez, Stat. Con., (1993), p. 32]. Presumption against impossibility. Stat. Con. The presumption that a statute is never to be understood as requiring an impossibility, if such a result can be avoided by any fair and reasonable construction. Presumption against inconsistency. Stat. Con. The presumption that the lawmaking body is consistent. In case of doubt, therefore, such a construction should be adopted as will make all the provisions of the statute consistent with one another and with the entire act. [Suarez, Stat. Con., (1993), p. 31]. Presumption against ineffectiveness. Stat. Con. The presumption that the lawmaking body does not intend to adopt laws which are unnecessary and ineffective. It is presumed that it intends to impart to its enactments such a meaning as will render them operative and effective. [Suarez, Stat. Con., (1993), p. 31]. Presumption against injustice. Stat. Con. The presumption that the lawmaking body intended right and justice to prevail. [Suarez, Stat. Con., (1993), p. 30]. Presumption against irrepealable laws. Stat. Con. The presumption that the lawmaking body does not intend that its laws shall be irrepealable. The legislature cannot enact irrepealable laws or limit its future legislative acts. [Suarez, Stat. Con., (1993), p. 32]. Presumption against violation of international law. Stat. Con. The presumption that a statute is in conformity with the rules and principles of international laws, or with the treaties duly entered into and accepted by our govt. [Suarez, Stat. Con., (1993), p. 34]. Presumption against violation of public policy. Stat. Con. The presumption that the legislature designs to favor and foster, rather than to contravene, that public policy which is based upon the principles of natural justice, good morals, and the settled wisdom of the law as applied to the ordinary affairs of life. [Suarez, Stat. Con., (1993), p. 33]. Presumption hominis. Lat. 1. A deduction which reason draws from the facts proved without an express direction to that effect 2. A presumption of fact. [Martin v. CA, GR 82248. Jan. 30, 1992]. See also Presumption of fact or Inference. Presumption juris. Lat. A presumption or of law. [Martin v. CA, GR 82248. Jan. 30, 1992]. Presumption juris et de jure. Conclusive presumptions of law, which cannot be rebutted by evidence. The Lat. words signify of law and from law. See Conclusive presumption. Presumption juris tantum. An assumption made by a court, one that is taken
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to be true unless someone comes forward to contest it and prove otherwise. See Disputable presumption. Presumption of abandonment of office by a director. Corp. Law. The presumption that a director in a corporation who accepts a position in which his duties are incompatible with those as such director has abandoned his office as director of the corporation. [Mead v. McCullough, GR 6217. Dec. 26, 1911]. Presumption of acquiescence to judicial construction. Stat. Con. The presumption that, when the court has construed a statute in a particular manner and the lawmaking body made no move to alter or amend the said statute, the legislature has acquiesced in that interpretation. [Suarez, Stat. Con., (1993), p. 34]. Presumption of acting within the scope of authority. Stat. Con. The presumption that the legislature acted within the scope of its authority. Hence, if a statute admits of more than one interpretation, one that places the statute outside of legislative competence, and one that places the statute within the limits of legislative competence, the court should adopt the latter interpretation. [Suarez, Stat. Con., (1993), p. 34]. Presumption of conjugal partnership. The presumption under Art. 160 of the Civ. Code that all property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to the husband or to wife. [Cobb-Perez v. Lantin, GR L-22320. May 22, 1968]. Presumption of consideration. Nego. Inst. The prima facie presumption that every negotiable instrument has been issued for a valuable consideration; and every person whose signature appears thereon has become a party thereto for value. [Sec. 24, NIL]. Presumption of constitutionality of statutes. Stat. Con. The theory is that as the joint act of the Legislature and the Executive, every statute is supposed to have first been carefully studied and determined to be constitutional before it was finally enacted. Hence, unless it is clearly shown that it is constitutionally flawed, the attack against its validity must be rejected and the law itself upheld. To doubt is to sustain. [Phil. Judges Assoc. v. Prado, GR 105371. Nov. 11, 1993]. Presumption of continuity of facts. Proof of the existence at a particular time of a fact of continuous nature gives rise to an inference, within logical limits, that it exists at a subsequent time. [People v. Sawajan, GR 28243. Dec. 12, 1927]. Presumption of continuity of mental capacity. Evid. The presumption that capacity to act attaches to a person who has not previously been declared incapable, and such capacity is presumed to continue so long as the contrary be not proved, that is, that at the moment of his acting he was incapable, crazy, insane, or out of his mind. [Standard Oil Co. v. Codina Arenas, GR 5921. July 25, 1911]. Presumption of continuity of possession. The presumption that a present possessor of property who shows his possession at some previous time has held possession also during the inter-
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vening period. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 127]. Presumption of death; extraordinary or qualified absence. Civ. Law. The following shall be presumed dead for all purposes, incl. the division of the estate among the heirs: (a) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for 4 years since the loss of the vessel or aeroplane; (b) a person in the armed forces who has taken part in war, and has been missing for 4 years; (c) a person who has been in danger of death under other circumstances and his existence has not been known for 4 years. [Art. 391, CC]. Presumption of death; ordinary absence. After an absence of 7 years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of 10 years. If he disappeared after the age of 75 years, an absence of 5 years shall be sufficient in order that his succession may be opened. [Art. 390, CC]. Presumption of dissolution of former marriage. The presumption that when a person marries twice, the 2nd marriage is valid and the former one has been dissolved by death or divorce. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 38]. Presumption of equality. Succ. The presumption that heirs instituted without designation of shares shall inherit in equal parts. [Art. 846, CC]. Presumption of fact. Evid. The conclusion that, because one fact exists or is true, another fact exists or is true. If no new facts arise to contradict the presumption, it is evidence of proof of the fact. For example, in some jurisdictions, if a married woman has a child, her husband is presumed to be the father. See also Presumption hominis or Inference. Presumption of good faith. Stat. Con. The presumption that the legislature had good motives in having considered and adopted a particular law. [Suarez, Stat. Con., (1993), p. 30]. Presumption of individuality. Succ. The presumption that when the testator institutes some heirs individually and others collectively, those collectively designated shall be considered as individually instituted, unless it clearly appears that the intention of the testator was otherwise. [Art. 847, CC]. Presumption of innocence. The Constitutional provision that "in all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved". [Art. III, 14, 1987 Consti.]. It is thus axiomatic that "an accused under our law is entitled to an acquittal unless his guilt is proved beyond reasonable doubt." [People v. Bostre, 230 SCRA 139, 143, Feb. 18, 1994]. 3. A conclusion of law in favor of the accused whereby his innocence is not only established but continues until sufficient evidence is introduced to overcome the proof which the law has created - that is, his innocence. [People v. Clores, GR L61408. Oct. 12, 1983]. Presumption of jurisdiction. Stat. Con. A statute will not be construed in such a
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manner as to oust or restrict the jurisdiction of superior courts, or to vest a new jurisdiction in them, unless there are express words or a necessary implication to that effect. [Suarez, Stat. Con., (1993), p. 34]. Presumption of knowledge of existing laws. Stat. Con. The presumption that the lawmaking body has full knowledge of all existing laws on the subject. Hence, if there are 2 laws on the same subject enacted on different dates, the latter law cannot be held to have abrogated the former law, unless the repugnancy is clear, convincing and irreconcilable. [Suarez, Stat. Con., (1993), p. 34]. Presumption of law. 1. An assumption required by law whenever a predetermined set of facts arises, e.g. in criminal law the accused is presumed innocent until proven guilty beyond a reasonable doubt. 2. A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence. Presumption of man. Evid. A presumption which is formed by the judge from circumstances antecedent to, coincident with or subsequent to the principal fact under investigation. [Vidal de Roces v. Posadas, GR 34937. Mar. 13, 1933]. Also called Presuncion de hombre. Presumption of marriage. Civ. Law. The presumption that persons dwelling together in apparent matrimony, in the absence of any counter-presumption or evidence special to the case, are in fact married. The reason is that such is the common order of society, and if the parties were not what they thus hold themselves out as being, they would be living in the constant violation of decency and of law. [Adong v. Cheong See Gee, GR L-18081. Mar. 3, 1922]. Presumption of payment of prior installments. The presumption that prior installments were paid upon the presentation of a receipt of payment subsequent thereto. [Manila Trading & Supply Co. v. Medina, GR L-16477. May 31, 1961]. Presumption of regularity in the performance of official duty. Evid. 1. A disputable or rebuttable presumption that an official act or duty has been regularly performed. [Sec. 3 (m), Rule 131, RoC]. 2. The presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty. The presumption, however, prevails until it is overcome by no less than clear and convincing evidence to the contrary. Thus, unless the presumption is rebutted, it becomes conclusive. Every reasonable intendment will be made in support of the presumption and in case of doubt as to an officer's act being lawful or unlawful, construction should be in favor of its lawfulness. [People v. De Guzman, GR 106025. Feb. 9, 1994]. Presumption of regularity in the performance of official duty doctrine. The doctrine holding that every public official, absent any showing of bad faith and malice, is entitled to the presumption regularity in the performance of official duties. Presumption of renunciation in the delivery of a private instrument. The presumption under Art. 1271 of the Civ. Code that the delivery of a private document evidencing a credit, made volun-
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tarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter. Presumption of simultaneity. The presumption that when the testator calls to the succession a person and his children, they are all deemed to have been instituted simultaneously and not successively. [Art. 849, CC]. Presumption of suppression of evidence. Evid. The disputable presumption that evidence willfully suppressed would be adverse if produced. [Sec. 3 (e), Rule 131, RoC]. Presumption of survivorship. A presumption that one of 2 or more related persons was the last to die in a common disaster, made so that the estates may be settled and the final heirs determined. See Survivorship presumption. Presumption of validity. Evid. The presumption that a judgment of a court of justice is valid and enforceable, where the record discloses that all the steps necessary to confer jurisdiction have been taken, and that the court has jurisdiction on the subject matter. There is presumption that decisions of the trial court are correct. [Herrera, Remedial Law, Vol. VI, 1999 Ed., p. 89]. Presumptive death. Civ. Law. Death inferred from proof of the person's long, unexplained absence, usu. after 7 years. Such a presumption arises by prolonged absence of a person for a prescribed number of years, during which no one has seen or heard from the person and there is no known reason for the person's disappearance that would be incompatible with a finding that the individual is dead. Presumptive death declaration. Civ. Law. Requisites: (a) 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; (b) that the present spouse wishes to remarry; (c) that the present spouse has a well-founded belief that the absentee is dead; and (d) that the present spouse files a summary proceeding for the declaration of presumptive death of the absentee. [Art. 41, FC]. Presumptively privileged communication. There being a great public interest in preserving the confidentiality of conversation that takes place in the Presidents performance of his official duties, Presidential communications are thus considered as presumptively privileged. The presumption is founded on the Presidents generalized interest in confidentiality. The privilege is said to be necessary to guarantee the candor of presidential advisors and to provide the Pres. and those who assist him with freedom toexploire the alternatives in the process of shaping policis and making decisions and to do so in a way many would be unwilling to express except privately. [Neri v. Senate Committee on Accountability of Public Officers and Investigations, GR 180643, Mar. 25, 2008]. Presuncion de hombre. Sp. Presumption of man. Presumption formed by the judge from circumstances antecedent to, coincident with or subsequent to the principal fact under investigation. [Vidal De Roces v. Posadas, Jr., GR L-34937,
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Mar. 13, 1933; Villa-Real, J., dissenting]. See Presumption of man. Preterition. Succ. It is the total omission of one, some or all of the heir/s in the will. The omission must be that of a compulsory heir and the compulsory heir omitted must be of the direct line and living at the time of the testator's death or must at least have been conceived before the testator's death. [Art. 854, CC]. Preterition (of heirs). Also Pretermission of heirs. Succ. 1. The omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator which shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious. [Art. 854, CC]. 2. The omission in the testator's will of the compulsory heirs or anyone of them, either because they are not mentioned therein, or, though mentioned, they are neither instituted as heirs nor are expressly disinherited. [Neri v. Akutin, 72 Phil. 323]. Preterition. Succ. Requisites: 1. (a) The heir omitted must be a compulsory heir in the direct line; (b) the omission must be complete and total in character in such a way that the omitted heir does not and has not received anything at all from the testator by any title whatsoever; and (c) the compulsory heir omitted should survive the testator. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 104]. 2. (a) The heir omitted is a forced heir (in the direct line); (b) the omission is by mistake or thru an oversight; (c) the omission is complete so that the forced heir received nothing in the will. [Separate Opinion, MelencioHerrera in Acain v. IAC, GR L-72706. Oct. 27, 1987]. Pretermission. Omission. Pretermission of heirs. Succ. The intentional passing over without making provision the heirs. Same as Preterition of heirs. Pretermission of Holiday. Where the day, or the last day, for doing any act required or permitted by law falls on a regular holiday or special day, the act may be done on the next succeeding business day. [Sec. 28, Chap. 7, Book I, Admin. Code of 1987]. Pretermitted child. Succ. A child born after a will is executed, who is not provided for by the will. Pre-test counseling. The process of providing an individual information on the biomedical aspects of HIV or AIDS and emotional support to any psychological implications of undergoing HIV testing and the test result itself before he/she is subjected to the test. [Sec. 4, RA 8496]. Pre-trial. A proceeding held before an official trial, esp. to clarify points of law and facts. Pre-trial brief. Rem. Law. A document prepared by the legal counsel for a plaintiff or for a defendant that summarizes the facts of a case and the legal arguments to be presented during the trial. It typically includes applicable case law, rules of procedure and other information relevant to the case. Pre-trial conference. Rem. Law. Conference among the opposing attorneys and the judge called at the discretion of the
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court to narrow the issues to be tried and to make a final effort to settle the case without a trial. Pre-trial investigation. Rem. Law. An investigation which corresponds to the preliminary investigation, where the object is to determine the existence of a prima facie case that would warrant the prosecution of the accused. [Kapunan v. De Villa, GR L-83177. Dec. 6, 1988]. Compare with Fact-finding inquiry. Pre-trial order. Rem. Law. An order embodying the agreements reached at the pre-trial conference which shall control the subsequent course of the trial and should not be disturbed unless there would be manifest injustice. [Dy, Jr. v. CA, GR 97130. June 19, 1991]. Pretrimonial advantage. The enrichment of a person by his receiving and/or enjoying benefits from the service rendered or for the goods delivered by another to him with the resulting improvement of the condition of his life. Prevailing party. The party to a suit who successfully prosecutes the action or successfully defends against it, prevailing on the main issue, even though not necessarily to the extent of his original contention. Prevailing price. The average price at which any basic necessity has been sold in a given time within a month from the occurrence of any of the conditions enumerated under Sec. 6 of RA 7851. [Sec. 3, RA 7581]. Prevent losses. In its ordinary connotation, the phrase means that retrenchment or termination of the services of some employees is authorized to be undertaken by the employer sometime before the losses anticipated are actually sustained or realized. [Lopez Sugar Corp. v. Fed. of Free Workers, GR 75700-01. Aug. 30, 1990]. Preventive. Designed to keep something undesirable such as illness, harm, or accidents from occurring. Preventive imprisonment. Crim. Law. The detention of an offender while the criminal case against him is being heard, either because the crime committed is a capital offense and not bailable or, even if the crime committed was bailable, the offender could not post the required bail for his provisional liberty. [1994 Bar Exam.]. Preventive injunction. Rem. Law. An injunction which commands a party to refrain from doing an act. Compare with Prohibition. Preventive measures. Any reasonable measures taken by any person after an Incident has occurred to prevent or minimize pollution damage. [Sec. 3, RA 9483]. Preventive suspension. Admin. Law. 1. The suspension from office by the proper disciplining authority of any subordinate officer or employee under his authority pending an investigation, if the charge against such officer or employee involves dishonesty, oppression or grave misconduct, or neglect in the performance of duty, or if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service. [EO 292]. 2. A preliminary step in an administrative investigation. It is not a punishment. If after such investigation, the charges are
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established and the person investigated is found guilty of acts warranting his removal, then he is removed or dismissed from office. This is the penalty. [Nera v. Garcia, GR L-13160. Jan. 30, 1960]. Preventive suspension. Labor. The temporary removal of an employee charged for violation of company rules from his present status or position. Preventive suspension is usu. imposed against subject employee while the company is conducting an investigation for his alleged violation in order to prevent him from causing further harm or damage to the company or his co-employees. Price. The amount of money expected, required, or given in payment for something. Price Act. RA 7581 entitled An Act providing protection to consumers by stabilizing the prices of basic necessities and prime commodities and by prescribing measures against undue price increases during emergency situations and like occasions enacted on May 27, 1992. Price ceiling. The maximum price at which any basic necessity or prime commodity may be sold to the general public. [Sec. 3, RA 7581]. Price comparison. The direct comparison in any advertisement of a seller's current price for consumer products or services with any other price or statement of value for such property or services expressed in pesos, centavos, fractions or percentages. [Art. 4, RA 7394]. Price difference. The amount obtained after subtracting the C.I.F. import price from the trigger price. [Sec. 4, RA 8800]. Price subsidy. The payment of Govt. of an additional amount for every unit of output sold by the farmers in the open market. [Sec. 4, RA 7607]. Price tag. Any device, written, printed, affixed or attached to a consumer product or displayed in a consumer repair or service establishment for the purpose of indicating the retail price per unit or service. [Art. 4, RA 7394]. Priest. One esp. consecrated to the service of a divinity and considered as the medium through whom worship, prayer, sacrifice, or other service is to be offered to the being worshipped, and pardon, blessing, deliverance, etc., obtained by the worshipper, as a priest of Baal or of Jehovah; a Buddhist priest. [Adong v. Cheong See Gee, GR L18081. Mar. 3, 1922]. Prima facie. Lat. At first sight. 1. On the 1st appearance. On the face of it. A fact presumed to be true unless disproved by some evidence to the contrary. 2. A rule whereby a particular fact constitutes evidence of a state of affairs, unless contradicted by other stronger, admissible evidence. Prima facie case. A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process. Prima facie evidence. 1. Evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence. 2. Evidence which, standing alone and unexplained, would maintain the proposition and warrant the conclusion to support which it is introduced. [Rep. v. Sandiganbayan, GR
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112708-09. Mar. 29, 1996]. Compare with Conclusive evidence. Prima facie or Disputable or Rebuttable presumption. A presumption which stays until evidence to the contrary is admitted. [Diaz, Bus. Law Rev., 1991 Ed., p. 9]. Primarily confidential. The phrase denotes not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which insures freedom of [discussion and delegation and reporting] without embarrassment or freedom from misgivings of betrayals of personal trust or confidential matters of state. [Tria v. Sto. Tomas, GR 85670. July 31, 1991]. Primary accountability. The accountability of the head of a department or office for supplies or property transferred to his department or office for issuance to the end-user. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Primary authority. Constitutions, codes, statutes, ordinances, and case law sources. Primary beneficiaries. The dependent spouse until he remarries and dependent children. [Art. 167, LC]. Compare with Secondary beneficiaries. Primary beneficiary. A beneficiary who is first entitled to benefits on the death of the insured. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 28]. Primary compulsory heirs. Succ. 1. Heirs who are always entitled to their legitime as provided by law regardless of the class of compulsory heirs with which they may concur. They include all kinds of compulsory heirs with the exception of parents or ascendants. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 236]. 2. A class of compulsory heirs who have precedence over and exclude other compulsory heirs, such as legitimate children and legitimate descendants with respect to their legitimate parents and ascendants. See Secondary compulsory heirs. Primary evidence. Also Best evidence. Evidence that, under every circumstance, affords the greatest certainty of the fact in question. Compare with Secondary evidence or Substitutionary evidence. Primary jurisdiction doctrine. Rem. Law. The doctrine that courts cannot and will not determine a controversy involving a question which is within the jurisdiction of an administrative tribunal having been so placed within its special competence under a regulatory scheme. In such instances the judicial process is suspended pending referral to the administrative body for its view on the matter in dispute. [Brett v. IAC, GR 74223, 27 Nov. 1990, and Industrial Ent. v. CA, GR 88550, 18 Apr. 1990]. Primary or Corporate franchise. The right to exist as a corporation which is vested in the individuals who compose the corporation and not in the corporation itself, and cannot be conveyed in the absence of legislative authority so to do. [JRS Business v. Imperial Ins., GR L-19891. July 31, 1964]. Compare with Secondary or special franchise. Primary processing. The physical alteration of raw agricultural or fishery products with or without the use of mechanical facilities. [Sec. 4, RA 8435].
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Prime commodities. Fresh fruits, flour, dried, processed and canned pork, beef and poultry, meat, dairy products not falling under basic necessities; noodles, onions, garlic, and all drugs not classified as essential drugs by the DOH and other commodities that may be classified by the DTI and the DA acc. to RA 7581 or The Price Act. [Art. 5, IRR of RA 9994; Sec. 3, RA 7581]. Primitive tribe. A group of endemic tribe living primitively as a distinct portion of a people from a common ancestor. [Sec. 3, PD 705]. Primus inter pares. Lat. First among equals. The Latin maxim indicates that a person is the most senior of a group of people sharing the same rank or office. The phrase has been used to describe the status, condition or role of the prime minister in most parliamentary nations, the high-ranking prelate in several religious orders, and the chief justice in many Sup. Courts around the world. [J. Carpio Morales, Dissenting Opinion, De Castro v. JBC, GR 191002, GR 191032, GR 191057, AM 10-2-5-SC, GR 191149, GR 191342. Mar. 17, 2010]. Principal. Civ. Law. An agents master; the person for whom an agent has received instruction and to whose benefit the agent is expected to perform and make decisions. Principal. Crim. Law. One who participates in the material execution of the crime by standing guard or lending moral support to the actual perpetrator is criminally responsible to the same extent as the latter. Principal. 1. Civ. Law. A person who empowers another to act as his or her representative; the person having prime responsibility for an obligation. 2. Crim. Law. One who commits or is an accomplice to a crime. 3. Not. Rules. A person appearing before the notary public whose act is the subject of notarization. [Sec. 10, Rule II, AM 02-8-13-SC]. Principal by indispensable cooperation. Crim. Law. One who shall participate in the criminal resolution, a conspiracy or unity in criminal purpose and cooperation in the commission of the offense by performing another act without which it would not have been accomplished. [People v. Jorge, GR 99379. Apr. 22, 1994]. Principal by indispensable cooperation. Crim. Law. Requisites: (a) participation of the subject accused in the criminal resolution and (b) performance by him of another act indispensable to the accomplishment of the crime. [People v, Fronda, GR 102361-62. May 14, 1993]. Principal by inducement. Crim. Law. Requisites: (a) That the inducement be made directly with the intention of procuring the commission of the crime; and (b) that such inducement be the determining cause of the commission of the crime by the material executor. [People v. Dela Cruz, GR L-30912. Apr. 30, 1980]. Principal conditions. Civ. Law. [The term, as used in Art. 1291 of the Civ. Code] should be construed to include a change in the period to comply with the obligation. Such a change in the period would only be a partial novation since the period merely affects the performance, not the creation of the obligation. [Ong v. Bogalbal, GR 149140, Sept. 12, 2006].
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Principal debtor. A party ultimately liable on the negotiable instrument, hence the maker or acceptor. [Diaz, Bus. Law Rev., 1991 Ed., p. 360]. Principal display panel. That part of the label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail or sale. [Art. 4, RA 7394]. Principal officer. 1. The chairman of the board of directors, president, chief exec. officer, chief operating officer. treasurer, chief financial officer corporate secretary, Vice Pres., their equivalent positions, or such other officers occupying positions of significant influence in a company as may be determined by the SEC. [Sec. 3, RA 9856]. 2. The head of a consulate or consulate general of the Phils. [Sec. 5, RA 7157]. Principal stockholder. A stockholder who is directly or indirectly the beneficial owner of more than 10% of any class of security of the Real Estate Investment Trust (REIT). [Sec. 3, RA 9856]. Principals. Crim. Law. The following are considered principals: (a) Those who take a direct part in the execution of the act; (b) those who directly force or induce others to commit it; (c) those who cooperate in the commission of the offense by another act without which it would not have been accomplished. [Art. 17, RPC]. Principle. An accepted or professed rule of action or conduc Principle of judicial hierarchy. Rem. Law. The principle stating that a higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts. Principle of law. A principle underlying the formulation of jurisprudence. Principle of relativity of contracts. The principle under which contracts can only bind the parties who entered into it. It cannot favor or prejudice a 3rd person. [Ramos v. CA, 362 Phil. 205, 215 (1999)]. See Relativity of Contracts. Printed. As applied to books, that which is produced by printing, lithography, photography, duplication, or any like process. [Sec. 3, PD 812]. Printed Election Returns. Copies of the election returns printed by the PCOS machine on paper and authenticated by the manual signatures and thumbmarks of the Board of Election Inspectors (BEI). [The 2010 Rules of the PET, Rule 2, AM 10-4-29-SC, May 4, 2010]. Printed matter. The reproduction upon paper, by any process except that of handwriting or typewriting, of any words, letters, characters, figures or images, or any combination thereof, not having the character of an actual and personal correspondence. [Sec. 2, RA 7354]. Printer. The proprietor of the printing establishment. [Sec. 3, PD 812]. Prior est in tempore, potior est in jure. Lat. He who is first in time is preferred in right. [La Urbana v. Bernardo, 62 Phil. 790, 806]. Prior restraint doctrine. The doctrine concerning official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. [Bernas, The 1987
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Consti. of the Rep. of the Phils., A Commentary, 2003 ed., p. 225]. Prior restraint or Censorship. A curtailment of the freedom of expression and of the press made through restrictions or conditions in advance of actual publication or dissemination. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 158]. Prior tempore potior jure. Lat. He who is first in time is preferred in right. [Gomez v. Jugo, 48 Phil., 118 (1925)]. Priorty Development Assistance Fund (PDAF). A lumpsum appropriation in the annual General Appropriations Act (GAA) to fund the priority development programs and projects of the government. More popularly known as the Pork barrel. Priority of possession. Prior possession of the disputed property by a contending party before the controversy arose. Prision correccional. Crim. Law. A correctional penalty with a duration of from 6 months and one day to 6 years except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. Prision correccional, suspension, and destierro. Crim. Law. The penalties the duration of which shall be from 6 months and one day to 6 years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. [Art. 27, RPC]. Prision mayor. Crim. Law. An afflictive penalty with a duration of from 6 years and one day to 12 years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. Prision mayor and temporary disqualification. Crim. Law. The penalties the duration of which shall be from 6 years and one day to 12 years (of imprisonment), except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. [Art. 27, RPC]. Prison. A place for the confinement of persons in lawful detention, esp. persons convicted of crimes. Prisoner. A person legally committed to prison as a punishment for crimes committed or while awaiting trial. Prisoner of war (POW). Intl. Law. Any person captured or interned by a belligerent power during war. In the strictest sense it is applied only to members of regularly organized armed forces, but by broader definition it has also included guerrillas, civilians who take up arms against an enemy openly, or noncombatants associated with a military force. Prius tempore, potior jure. Lat. First in time, stronger in right. 1. Knowledge by the 1st buyer of the 2nd sale cannot defeat the 1st buyer's rights except when the 2nd buyer 1st registers in good faith the 2nd sale. [Olivares v. Gonzales, 159 SCRA 33]. 2. Conversely, knowledge gained by the 2nd buyer of the 1st sale defeats his rights even if he is 1st to register, since knowledge taints his registration with bad faith. [See also Astorga v. CA, GR 58530, 26 Dec. 1984]. 3. It is essential, to merit the protection of Art. 1544, 2nd Par. of the Civ. Code, that the 2nd realty buyer must act in good faith
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in registering his deed of sale. [Cruz v. Cabana, GR 56232, 22 June 1984]. Privacion de libertad. Sp. Deprivation of liberty. As used in the Spanish text of Art. 157 of the Rev. Penal Code, the term is not the same as the word "imprisonment" as erroneously translated in the English text. Hence, while "imprisonment" cannot include destierro, "privacion de libertad" may include it. [People v. Abilong, GR L-1960. Nov. 26, 1948]. Inasmuch as the Rev. Penal Code was originally approved and enacted in Spanish, the Spanish text governs. [People v. Manaba, 58 Phil., 665, 668]. Privacy. The state or condition of being free from being observed or disturbed by other people. Privacy right. The right to be free from unsanctioned intrusion. Private. Belonging to or concerning, an individual person, company, or interest. [Aquino-Sarmiento v. Morato, GR 92541. Nov. 13, 1991]. Compare with Public. Private archives. Records belonging to private individuals and/or entities which are of enduring archives value. [Sec. 4, RA 9470]. Private area of a person. The naked or undergarment clad genitals, public area, buttocks or female breast of an individual. [Sec. 3, RA 9995]. Private bills. Bills filed in Congress that will not operate directly for the public good but are calculated to serve goodwill [i.e., bills granting honorary membership]. Private carrier. One which, without being engaged in the business of carrying as a public employment, undertakes to deliver goods or passengers for compensation. [Home Ins. Co. v. Amer. Steamship Agency, 23 SCRA 24]. Compare with Common carriers. Private corporations. Corporations formed fro some private purpose, benefit, or end. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 40]. Compare with Public corporations. Private crimes. Crimes which cannot be prosecuted except upon a complaint filed by the offended party, such as concubinage, adultery, seduction, abduction, acts of lasciviousness and defamation imputing any of the aforesaid offenses. [People v. CFI of Quezon, Branch VII, GR L-46772. Feb. 13, 1992]. Private detective agency. A private detective agency is any person, who, for hire or reward or on commission, conducts or carries on or holds himself or itself out as conducting or carrying on a detective agency, or detective service. [Sec. 3, RA 5487]. Private detective. A private detective is any person who is not a member of a regular police agency of the Armed Forces of the Phils. who does detective work for hire, reward, or commission. [Sec. 3, RA 5487]. Private development banks. Banks duly organized under RA 4093 with authority to operate under existing laws. [Sec. 4, RA 7607]. Private document. Every deed or instrument executed by a private person, without the intervention of a public nota-
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ry or of other person legally authorized, by which document some disposition or agreement is proved, evidenced or set forth. [US v. Orera, GR 3810. Oct. 18, 1907]. Private Employment Agency (PEA). 1. Any individual, legitimate partnership, corporation or entity licensed to engage in the recruitment and placement of domestic workers for local employment. [Sec. 4, RA 10361]. 2. Any person or entity engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both. [Art. 13, LC]. Private Employment Agency Act. Act 3957, as amended. [Expressly repealed by the Labor Code]. Private enterprise. An economic system under which property of all kinds can be privately owned and in which individuals, alone or in association with another, can embark on a business activity. This includes industrial, agricultural, agroindustrial or service establishments engaged in the production, manufacturing, processing, repacking, assembly, or production of goods. [Sec. 1, IRR, RA 7796]. Private enterprises. An economic system under which property of all kinds can be privately owned and in which individuals, alone or in association with another, can embark on a business activity. [Sec. 4, RA 7796]. Private gratuitous permit. The gratuitous permit granted by the provincial governor to any owner of land. [Sec. 50, RA 7942]. Private hospital. One which is privately owned, established and operated with funds raised or contributed through donations, or by private capital or other means, by private individuals, association, corporation, religious organization, firm, company or joint stock association. [Sec. 2, RA 4226]. Private international law. That division of international law that deals primarily with the rights and duties of individuals and nongovernmental organizations in their international affairs. See also Conf. of Laws. Private labeler. An owner of a brand or trademark on the label of consumer product other than a manufacturer of the product. [Art. 4, RA 7394]. Private land. Any land belonging to any private person which includes alienable and disposable land being claimed by a holder, claimant, or occupant who has already acquired a vested right thereto under the law, although the corresponding certificate or evidence of title or patent has not been actually issued. [Sec. 3, RA 7942]. Private law. 1. Body of rules which creates duties, rights and obligations, and the means and methods of setting courts in motion for the enforcement of a right or of a redress of wrong. [Suarez, Stat. Con., (1993), p. 38]. 2. That law, such as a contract bet. 2 persons or a real estate transaction, which applies only to the persons who subject themselves to it. Private motor vehicle. Any of the following: (a) Any motor vehicle owned by individuals and juridical persons for private use; (b) any motor vehicle owned
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by the Natl. Govt. or any of its agencies, instrumentalities or political subdivisions, incl. GOCCs or their subsidiaries for official use; and (c) any diplomatic vehicle. Private nuisance. 1. A nuisance that is not included in the definition of Public nuisance. [Art. 695, CC]. 2. One which violates only private rights and produces damages to but one or a few persons. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 436]. Private nuisance, Remedies against. (a) A civil action; or (b) abatement, without judicial proceedings. [Art. 705, CC]. Private ownership. Property belonging to private persons either individually or collectively. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Private parts. Used euphemistically to refer to a person's genitals. Private practice. The term, as commonly understood, means "an individual or organization engaged in the business of delivering legal services. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991]. Private practitioner. The term which in many ways is synonymous with the word "lawyer." [Cayetano v. Monsod, GR 100113. Sep. 3, 1991]. Private recruitment entity. Any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers. [Art. 13, LC]. Private right. Titled rights of ownership under existing laws, and in the case of primitive tribes, to rights of possession existing at the time a license is granted under the Forestry Reform Code, which possession may include places of abode and worship, burial grounds, and old clearings, but excludes production forest inclusive of logged-over areas, commercial forests and established plantations of forest trees and trees of economic value. [Sec. 3, PD 705]. Private schools. Educational institutions maintained and administered by private individuals or groups. [Sec. 26, BP 232]. Private sector infrastructure or development projects. The general description of infrastructure or development projects normally financed and operated by the public sector but which will now be wholly or partly implemented by the private sector. [Sec. 2, RA 7718]. Private Security Agency Law, The. RA 5487 entitled An Act to regulate the organization and operation of private detective, watchmen or security guards agencies enacted on June 21, 1969. Privies. Those who have mutual or successive relationship to the same rights of property or subject matter such as personal representatives, heirs, devisees, legatees, assigns, voluntary grantees, or judgment creditors or purchasers from them with notice of the facts. Privilege. 1. A benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, power, etc. 2. A special and exclusive legal advantage or right such as a benefit, exemption, power or immunity.
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Privilege from arrest. Pol. Law. The immunity granted to the members of the Congress under Art. VI, Sec. 11 of the 1987 Consti. from arrest, in all offenses punishable by not more than 6 years imprisonment, while the Congress is in session. See Parliamentary immunities. Privileged. Having special rights, advantages, or immunities. Privileged communication. 1. A communication made bona fide upon any subject matter in which the party communicating has an interest, or in reference to which he has a duty and made to a person having a corresponding interest or duty, although it contained incriminatory matter which without this privilege would be slanderous and actionable [Daez v. CA, GR 47971. Oct. 31, 1990]. 2. A statement made by a person in trust to another, such as a lawyer, a doctor or a priest, which statement may not be revealed at the trial without the consent of the litigant. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. Privileged communication. Requisites in order that the privilege may be successfully invoked: (a) the privilege is claimed in a civil case; (b) the person against whom the privilege is claimed is one duly authorized to practice medicine, surgery or obstetrics; (c) such person acquired the information while he was attending to the patient in his professional capacity; (d) the information was necessary to enable him to act in that capacity; and, (e) the information was confidential and, if disclosed, would blacken the reputation (formerly character) of the patient. [Krohn v. CA, GR 108854. June 14, 1994]. Privileged communication doctrine. 1. The doctrine] that utterances made in the course of judicial proceedings, incl. all kinds of pleadings, petitions and motions, belong to the class of communications that are absolutely privileged. [US v. Salera, 32 Phil. 365]. 2. The doctrine that statements made in the course of judicial proceedings are absolutely privileged - that is, privileged regardless of defamatory tenor and of the presence of malice - if the same are relevant, pertinent, or material to the cause in hand or subject of inquiry. [Tolentino v. Baylosis, 1 SCRA 396]. Privileged information. Any and all forms of data which under the Rides of Court and other pertinent laws constitute privileged communication. [Sec. 3, RA 10173]. Privileged motion. A motion that pertains to a subject matter which, under the rules, takes precedence over others. [Rule XXI. 123, Rules of the HoR]. Privilegia reciprint largan interpretationem voluntate consonan concedentis. Lat. Privileges are to be interpreted in accordance with the will of him who grants them. Privity. A legal relationship sufficiently close and direct to support a legal claim on behalf of or against another with whom the relationship exists. Privity of contract. 1. The relationship created bet. the parties to a contract. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. That connection or relation which exists bet. 2 or more contracting parties.
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Privity of contract doctrine. A doctrine that covers the relationship bet. parties to a contract and other parties or agents. The most basic rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement. Privity of estate. That which exists bet. lessor and lessee, tenant for life and remainderman or reversioner, etc. and their respective assignees, and bet. joint tenants and co-partners. Privy. 1. One who is a partaker or has any part or interest in any action, matter, or thing. 2. A person who is in privity with another. One who is a partaker or has any part or interest in any action, matter, or thing. Prize. Intl. Law. A thing captured at sea in time of war, such as a neutral merchant vessel taken by a belligerent warship for engaging in hostile activities or resisting visit and search, or because of reasonable suspicion that it is liable to confiscation. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 152]. Prize court. Intl. Law. A tribunal established by a belligerent under its own laws, in its territory or in the territory of any of its allies, for the purpose of determining the validity of maritime captures. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 152]. Pro bono. Lat. Provided for free. Pro bono publico means for the public good. Pro forma. Lat. As a matter of form; in keeping with a form or practice. Pro forma motion for reconsideration. 1. A motion which raises as a ground that the judgment is against the evidence presented and is against the law without pointing out the findings and pronouncements made in that judgment that were contrary to evidence and the law. 2. A motion for reconsideration which is but a reiteration of the reasons and arguments previously set forth in movants memorandum but which has already been considered, weighed and resolved adversely to him in the decision rendered on the merits. Pro hac vice. Lat. For this turn; for this one particular occasion. Pro indiviso. Lat. For an undivided part. The possession or occupation of lands or tenements belonging to 2 or mare persons, and consequently neither knows his several portion till divided. Pro rata. Lat. 1. In proportion or ratably, or a division acc. to share, interest or liability of each [Carried Lumber Co. v. ACCFA, GR L-21836. Apr. 22, 1975]. 2. To divide proportionate to a certain rate or interest. Pro reo. Lat. For the accused. Pro reo doctrine. Rem. Law. The legal doctrine that holds that whenever a penal law is to be construed or applied and the law admits of 2 interpretations - one lenient to the offender and one strict to the offender - that interpretation which is lenient or favorable to the offender will be adopted. Pro reo principle. Rem. Law. [The principle which holds that] where the evidence on an issue of fact is in question or there is doubt on which side the evidence weighs, the doubt should be resolved in favor of the accused. [People v. Abarquez, GR 150762, 20 Jan. 2006].
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See also In dubio pro reo. Compare with Equipoise rule. Pro se. Lat. 1. In one's personal behalf. 2. For himself; in his own behalf. One who does not retain a lawyer and appears for himself in court. Contrast with Pro socio. Pro socio. Lat. On behalf of a partner; not on one's personal behalf. Contrast with Pro se. Pro tanto. Lat. For so much; for as much as may be; as far as it goes. Pro tempore. Lat. Something done temporarily only and not intended to be permanent. Probable. Likely to be the case or to happen. Probable aggressor. In the natural order of things, the person who, before the event in question, had felt aggrieved or offended. Probable cause. Rem. Law. 1. Such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper. [Bernas, The Consti. of the Rep. of the Phils.: A Commentary, Vol. I., 1987 Ed., p. 86]. 2. The existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. [Que v. IAC, GR 66865, Jan. 13, 1989]. Probable cause for a search warrant. Rem. Law. Such facts and circumstances which would lead a reasonably discrete and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. [Burgos v. Chief of Staff, GR 64261, Dec. 26, 1984]. Probable cause for the issuance of a warrant of arrest. Rem. Law. Such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. [Allado v. Diokno, 232 SCRA 192 (1994)]. Probable cause, Determination of. Rem. Law. Kinds: Executive and judicial. [People v. Castillo, GR 171188, June 19, 2009]. See Executive determination of probable cause and Judicial determination of probable cause. Probable cause, Existence of. Rem. Law. Requisites: (a) The judge (or) officer must examine the witnesses personally; (b) the examination must be under oath; and (c) the examination must be reduced to writing in the form of searching questions and answers. [Marinas v. Sioco, 104 SCRA 403, Ponsica v. Ignalaga, GR 72301, July 31, 1987]. Probate. Spec. Pro. 1. The legal procedure to determine whether a certain document claimed to be a last will and testament is valid and properly executed in compliance with law. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. Court proceeding by which a will is proved valid or invalid. All proceedings pertaining to the administration of estates such as the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will. 3. The formal certificate given
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by a court that certifies that a will has been proven, validated and registered and which, from that point on, gives the executor the legal authority to execute the will. See Allowance of wills. Probate court. Spec. Pro. 1. A tribunal of limited jurisdiction. It acts on matters pertaining to the estate but never on the rights to property arising from the contract. [Pio Baretto Realty Dev., Inc. v. CA, GR L-62432, 3 Aug. 1984]. 2. The court with authority to supervise estate administration. 3. The name given to the court that has this power to ratify wills. Probation. Crim. Law. 1. A disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. [Sec. 3, PD 968]. 2. A special privilege granted by the state to a penitent qualified offender. It essentially rejects appeals and encourages an otherwise eligible convict to immediately admit his liability and save the state the time, effort and expenses to jettison an appeal. [Francisco v. CA, 313 Phil. 241, 254-255 (1995)]. 3. An alternative disposition, ordered by the court, under which a child in conflict with the law is released after conviction and sentence and permitted to remain at home or with an appropriate custodian, subject to certain terms and conditions imposed by the court. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Probation Law of 1976. Crim. Law. PD 968. entitled Establishing a probation system, appropriating funds therefor and for other purposes signed into law on July 24, 1976. Probation officer. Crim. Law. One who investigates for the court a referral for probation or supervises a probationer or both. [Sec. 3, PD 968]. Probationary. Labor. [The term], as used to describe the period of employment, implies the purpose of the term or period. While the employer observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. [Woodridge School v. Pe Benito, GR 160240, Oct. 29, 2008]. Probationary appointment. Labor. [An appointment which] affords the employer an opportunity to observe the skill, competence and attitude of a probationer. [Woodridge School v. Pe Benito, GR 160240, Oct. 29, 2008]. Probationary employee. Labor. As understood under Art. 282 [now Art. 281] of the Labor Code, one who is on trial by an employer during which the employer determines whether or not he is qualified for permanent employment. [Intl. Catholic Migration Commission v. NLRC, GR 72222. Jan. 30, 1989]. Probationary employees. Civ. Serv. Appointees who [having met] all the requirements of the position must serve a probationary period of 6 months following their original appointment and shall undergo a thorough character investigation in order to acquire permanent civil service status. [Sec. 26, par. 1, Chap. 5, Book V, Title I-A of the Rev. Admin. Code of 1987; Daza v. Lugo, GR 168999, Apr. 30, 2008].
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Probationary employment. Labor. Employment which shall not exceed 6 months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee. [Art. 281, LC]. Probationary period. Civ. Serv. The 1st 6 months of the service following an original appointment [during which period] the appointee shall undergo a thorough character investigation. A probationer may be dropped from the service for unsatisfactory conduct or want of capacity anytime before the expiration of the probationary period. [Sec. 4(a), Rule II, 1998 CSC Omnibus Rules on Appointments and Other Personnel Actions]. Probationer. Crim. Law. A person placed on probation. [Sec. 3, PD 968]. Probative. Having the quality or function of proving or demonstrating something. Probative value. Evidence which is sufficiently useful to prove something important in a trial. Procedural. Of or relating to procedure. Procedural due process. That which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. It contemplates notice and opportunity to be heard before judgment is rendered affecting one's person or property. [Macabingkil v. Yatto, 21 SCRA 131 (1967)]. Compare with Substantive due process. Procedural due process. Common elements: (a) Notice; and (b) opportunity to be heard. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 98]. Procedural due process in administrative proceedings. Requirements: (a) The right to a hearing which includes the right of the party interested or affected to present his own case and submit evidence in support thereof; (b) the tribunal must consider the evidence presented; (c) the decision must have something to support itself; (d) the evidence must be substantial; (e) the decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; (f) 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 in arriving at a decision; (g) the tribunal or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decisions rendered. [Ang Tibay v. CIR, GR 46496. Feb. 27, 1940]. Procedural due process in judicial proceedings. Procedural due process in judicial proceedings. Requirements: (a) There must be a court of tribunal clothed with judicial power to hear and determine the matter before it; (b) jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceeding; (c) the de-
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fendant must be given an opportunity to be heard; and (d) judgment must rendered upon lawful hearing. [El Blanco Espaol-Filino, v. Palanca, GR L-11390. Mar. 26, 1918]. Compare with Procedural due process in administrative proceedings. Procedural lapse or error. Proceedings [that are deemed to be] null and void if and when the error is shown to have caused harm. [Lindo v. Comelec, GR 95016. Feb. 11, 1991]. Procedural law. 1. The body of law that prescribes formal steps to be taken in enforcing legal rights. See Adjective law. 2. Also called Adjective private law. The means and methods of setting the courts in motion, making the facts known to them and effectuating their judgments. [Suarez, Stat. Con., (1993), p. 39]. Compare with Substantive private law. Procedure. The means whereby the court reaches out to restore rights and remedy wrongs, and includes every step which may be taken from the beginning to the end of a case [Maritime Co. v. Paredes, GR L-24811. Mar. 3, 1967]. Proceeding. Rem. Law. 1. A judicial, administrative, or other adjudicative process, incl. related pre-hearing motions, conferences and discovery. [Sec. 3, RA 9285]. 2. Any procedural means for seeking redress from a tribunal or agency. It is the business conducted by a court or other official body. [Heirs of Delgado v. Gonzales, GR 184337, Aug. 7, 2009, 7th ed., 1999]. Proceedings. Corp. Law. Judicial proceedings commenced by the court's acceptance of a petition filed under RA 10142. [Sec. 4, RA 10142]. Proces verbal. Intl. Law. The formal record of the proceedings or conference, for which sometimes the term protocol is used. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. Process. It is equivalent to, or synonymous with proceedings or procedure and embraces all the steps and proceedings in a cause from its commencement to its conclusion. Sometimes, the term is also broadly defined as the means whereby a court compels compliance with its demands. [Macondray v. Bernabe, 67 Phil. 658,661 (1939)]. Process server. [A court employee whose] primary duty is to serve court notices which precisely requires utmost care on his part by seeing to it that all notices assigned to him are duly served upon the parties. [Atty. Dajao v. Lluch, 429 Phil. 620 (2002)]. Processed. [The term] includes all methods of manufacture and preservation but does not include prepackaged fresh, chilled or frozen meat. [Sec. 4, RA 9296]. Processed food or Food products. Food that has been subjected to some degree of processing like milling, drying, concentrating, canning, or addition of some ingredients which changes partially or completely the physico-chemical and/or sensory characteristics of the food's raw material. [Sec. 3, RA 8976]. Processing. 1. Any operation or any set of operations performed upon personal information incl., but not limited to, the
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collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data. [Sec. 3, RA 10173]. 2. Converting raw materials into marketable form by a special treatment or a series of actions that results in a change of the nature or state of the products, such as by slaughtering, milling, pasteurizing, drying or desiccating, quick freezing, and the like. Merely packing, packaging, or sorting out and classifying shall not, by themselves, constitute processing. [Sec. 3, RA 6135]. Processing plant. Any mechanical setup, machine or combination of machine used for the processing of logs and other forest raw materials into lumber, veneer, plywood, wallboard, blackboard, paper board, pulp, paper or other finished wood product. [Sec. 3, Rev. Forestry Code]. Processor. A person issued a license to engage in the treatment of minerals or ore-bearing materials such as by gravity concentration, leaching benefication, cyanidation, cutting, sizing, polishing and other similar activities. [Sec. 3, RA 7076]. Processual presumption. The presumption that, in the absence of proof, the foreign law is the same as the law of the forum. [Miciano v. Brimo, 50 Phil. 867 (1924)]. Processual presumption doctrine. The doctrine holding that the foreign law, whenever applicable, should be proved by the proponent thereof, otherwise, such law shall be presumed to be exactly the same as the law of the forum. Proclamation. The official and public announcement, or declaration of the winning candidates in an election. Proclamations. Acts of the Pres. fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an EO. [Sec. 4, Admin. Code of 1987]. Procuration. Agency; proxy; the act of constituting another ones attorney in fact. Indorsing a bill or note by procuration is doing it as proxy to another or by his authority. Procurement. 1. The acquisition of goods, consulting services, and the contracting for infrastructure projects by the procuring entity. Procurement shall also include the lease of goods and real estate. With respect to real property, its procurement shall be governed by the provisions of RA 8974. [Sec. 5, RA 9184]. 2. The acquisition of supplies or property, incl. non-personal services, by written order or contract through bidding or negotiation or by transfer under existing laws or regulations. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Procuring entity. Any branch, department, office, agency, or instrumentality of the govt., incl. state universities and colleges, GOCCs, GFIs, and LGUs procuring goods, consulting services and infrastructure projects. [Sec. 5, RA 9184]. Procuring entity, Head of the. (i) The head of the agency or his duly authorized official, for natl. govt. agencies; (ii) the governing board or its duly author-
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ized official, for GOCCs; or (iii) the local chief exec., for LGUs. Provided, That in a department, office or agency where the procurement is decentralized, the Head of each decentralized unit shall be considered as the Head of the procuring entity subject to the limitations and authority delegated by the head of the department, office or agency. [Sec. 5, RA 9184]. Prodigality. Civ. Law. A morbid state of mind and a disposition to spend, waste, and lessen the estate to such an extent as is likely to expose the family to want of support, or to deprive the forced heirs of their undisposable part of the estate. [Martinez v. Martinez, GR 445. Mar. 31, 1902]. Producer. Any individual or group of individuals engaged in the production of movies, films, motion pictures, shows or advertisements, whether on cinema, theater, radio or television, wherein the services of such child or employee are hired. [Sec. 2, RA 7658]. Producer goods. Goods [as tools and raw material] that are factors in the production of other goods and that satisfy wants only indirectly; also called auxiliary goods, instrumental goods, intermediate goods. [They are by their very nature not sold to the public for consumption.] [Marsman & Co. v. First Coconut Central Co., GR L-39841. June 20, 1988, 1971 Ed.]. Producer of a sound recording. The person, or the legal entity, who or which takes the initiative and has the responsibility for the 1st fixation of the sounds of a performance or other sounds, or the representation of sounds. [Sec. 202, RA 8293]. Producers cooperative. One that undertakes joint production whether agricultural or industrial. [Art. 23, RA 6938]. Producing patented mineral claims. Those claims producing minerals for commercial purposes. [Sec. 18, PD 464]. Product. Anything that is produced, whether as the result of generation, growth, labor or thought. [Molina v. Rafferty, 38 Phil. 171]. Product liability. Legal responsibility of manufacturers and sellers to buyers, users, and bystanders for damages or injuries suffered because of defects in goods. Production cost. The total of the cost of direct labor, raw materials, and manufacturing overhead, determined in accordance with generally accepted accounting principles, which are incurred in manufacturing or processing the products of a registered export producer. [Sec. 3, RA 6135]. Production infrastructure. Farm-tomarket roads, irrigation, rural electrification, ports, drying areas, public sites, warehouses and other physical facilities used for productivity enhancing services, extension management assistance, training, research and development. [Sec. 4, RA 7607]. Production Order. The Order issued by the court, justice or judge, upon verified motion and after due hearing, to any person in possession, custody or control of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electronic form, which con-
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stitute or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying or photographing by or on behalf of the movant. [Rule on the Writ of Amparo, Sec. 14, AM 07-9-12-SC, Oct. 24, 2007]. Compare with Temporary Protection Order, Inspection Order and Witness Protection Order. Production standard workers. Labor. Those whose performance is measured based on an imposed minimum amount or quantity of production for a given period, usu. 8 hours. See Quota workers. Productivity. Productiveness; the quality of being productive or having the power to produce. Productivity Incentives Act of 1990. RA 6971 entitled An Act to encourage productivity and maintain industrial peace by providing incentives to both labor and capital enacted on Nov. 22, 1990. Productivity incentives program. A formal agreement established by the labormanagement committee containing a process that will promote gainful employment, improve working conditions and result in increased productivity, incl. cost savings, whereby the employees are granted salary bonuses proportionate to increases in current productivity over the average for the preceding 3 consecutive years. The agreement shall be ratified by at least a majority of the employees who have rendered at least 6 months of continuous service. [Sec. 4, RA 6971]. Profectitious. Proceeding from, as from a parent; derived, as from an ancestor. Profectitious property. 1. Property given by the parents to the minor child for the latter to administer. It is owned by the parents who are also the usufructuary of the property. 2. Property owned by the parents. However, this property is given to the child for him to administer. Compare with Adventitious property. Profession. A paid occupation, esp. one that involves prolonged training and a formal qualification. Professional. 1. One who pursues an art and makes his living therefrom such as artists, athletes and others similarly situated. [Sec. 2, RA 7496]. 2. A person who engages in an activity with great competence. [Reyes v. Rural Bank of San Miguel (Bulacan), Inc., GR 154499, Feb. 27, 2004, 144]. Professional interior designer. A natural person who holds a valid certificate of registration and a valid professional identification card issued by the Board and the Commission pursuant to RA 10350. Professional Practitioners. Health Ins. [They] include doctors, lawyers, certified public accountants, and other practitioners required to pass government licensure examinations in order to practice their professions. [Sec. 3, RA 10606]. Professional Regulation Commission (PRC). A 3-man commission attached to the office of the Pres. of the Rep. of the Phils. Its mandate is to regulate and supervise the practice of the professionals who constitute the highly skilled manpower of the country. It was created under PD 223 on June 22, 1973.
893
Professional reinsurer. Any person, partnership, association or corporation that transacts solely and exclusively reinsurance business in the Phils. [Sec. 280, IC]. Professional squatters. Individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously been awarded homelots or housing units by the Govt. but who sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing. The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicates. [Sec. 3, RA 7279]. Professionalism. The conduct, aims, or qualities that characterize or mark a profession. [Reyes v. Rural Bank of San Miguel (Bulacan), Inc., GR 154499, Feb. 27, 2004]. Professionals. Persons who derive their income from the practice of their profession. This includes lawyers and other persons who are registered with the Professional Regulation Commission such as doctors, dentists, certified public accountants and others similarly situated. [Sec. 2, RA 7496]. Profit. 1. The series of an amount received over the amount paid for goods and services. [Nicolas v. CA, GR 122857. Mar. 27, 1998]. 2. The excess of return over expenditure in a transaction or series of transactions. [Nicolas v. CA, GR 122857. Mar. 27, 1998, Unabr., 1986]. Profiteer. One who makes excessive profits on goods in short supply. Profiteering. The sale or offering for sale of any basic necessity or prime commodity at a price grossly in excess of its true worth. [Sec. 5, RA 7581]. Pro-forma. Lat. As a matter of form. 1. Done as a formality; perfunctory. 2. Provided in advance so as to prescribe form or describe items. Pro-forma motion. A motion that merely advances facts or arguments that were already available when the preceding motion for reconsideration was submitted. Such succeeding motion should not interrupt any procedural period by the Rules of Court. [PAL v. Arca, 19 SCRA 300]. Pro-forma motion for new trial. 1. A motion for new trial based exactly on the very ground alleged in the motion for reconsideration, which does not suspend the period granted by law for perfecting an appeal. [Samudio v. Municipality of Gainza, 100 Phil. 1013 (1957)]. 2. A motion for new trial where the evidence claimed to be newly discovered is not specifically described in the motion. [See Loria v. CA, 6 SCRA 1067 (1962)]. 3. A motion for new trial on the ground of newly discovered evidence which does not set forth facts or circumstances which would qualify said evidence as newly discovered. [Dapin v. Dionaldo, GR 55488. May 15, 1992]. Pro-forma parties. Those who are required to be joined as co-parties in suits by or against another party as may be
894
provided by the applicable substantive law or procedural rule. Program. The functions and activities necessary for the performance of a major purpose for which a govt. agency is established. [Sec. 2, Chap. 1, Book VI, EO 292]. Progress map. Map showing the current and cumulative extent of areas assessed and surveyed pursuant to DENR AO 2008-24. [Sec. 4, DENR AO 200824]. Progressive. Happening or developing gradually or in stages; proceeding step by step. Progressive tax. Also Graduated tax. 1. Tax the rate of which increases as the tax base or bracket decreases. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 15]. 2. A tax in which the rate of taxation increases as income increases. Progressive taxation. Taxation the rate of which goes up depending on the resources of the person affected. [Reyes v. Almanzor, GR 49839-46. Apr. 26, 1991]. Compare with Equitable taxation. Prohibited. Forbidden, banned or barred by the authority. Prohibited drug. 1. This includes opium and its active components and derivatives, such as heroin and morphine; coca leaf and its derivatives, principally cocaine; alpha and beta eucaine; hallucinogenic drugs, such as mescaline, lysergic acid diethylamide (LSD) and other substances producing similar effects; Indian hemp and its derivates; all preparations made from any of the foregoing; and other drugs, whether natural or synthetic, with the physiological effects of a narcotic drug. [Sec. 2, RA 6425]. 2. This includes opium, cocaine, alpha and beta eucaine, Indian hemp, their derivatives, and all preparations made from them or any of them, and such other drugs, whether natural or synthetic, having physiological action as a narcotic drug. [Art. 190, RPC]. Prohibited pleadings and motions. Pleadings, motions, or petitions not allowed in the cases covered by under Sec. 19 of the Rev. Rules on Summary Procedure. [Bayview Hotel v. CA, GR 119337. June 17, 1997]. Prohibited publication of acts referred to in the course of official proceedings. Crim. Law. The felony committed by any reporter, editor or manager or a newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. [Art. 357, RPC]. Prohibited transactions. Crim. Law. The felony committed by any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction. [Art. 215, RPC]. Prohibition. A legal restriction against the use of something or against certain conduct. Prohibition, interruption and dissolution of peaceful meetings. Crim. Law.
895
The felony committed by any public officer or employee: (a) who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same; or (b) who shall hinder any person from joining any lawful association or from attending any of its meetings, or (c) who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances. [Art. 131, RPC]. Prohibition, Petition for. Civ. Pro. 1. Preventive action intended to stop the court, corporation, board or person exercising judicial or ministerial functions from the usurping or exercising jurisdiction which it/he does not have. Prohibition does not undo action but restraints further proceedings. An aggrieved party may file this petition if there is no appeal or any other plain, speedy or adequate remedy in the ordinary course of law which will prevent the performance of some act. 2. A verified petition that a person aggrieved by the proceedings of any tribunal, corporation, board, or person, whether exercising judicial or ministerial functions [which] are without or in excess of its or his jurisdiction or with grave abuse of discretion, and there [being] no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, may file in the proper court alleging the facts with certainty and praying that judgment be rendered commanding the defendant to desist from further proceedings in the action or matter specified therein. [Sec. 2, Rule 65, RoC]. Prohibitive laws, Rule on. Civ. Law. The rule that prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws, or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. [Art. 17, CC]. Prohibitory injunction. Rem. Law. An injunction that operates to restrain the commission or continuance of an act and to prevent threatened injury. It commands a person to refrain from doing an act. Its sole objective is to preserve the status quo until the merits can be heard. 2. The relief demanded in the plaintiff's complaint which consists in restraining the commission or continuance of the act complained of, either perpetually or for a limited period, and the other conditions required by Sec. 3, Rule 58 of the Rules of Court are present. The purpose of this provisional remedy is to preserve the status quo of the things subject of the action during the pendency of the suit. [Calo v. Roldan, GR L252. Mar. 30, 1946]. Compare with Mandatory injunction. Project. A component of a program covering a homogenous group of activities that results in the accomplishment of an identifiable output. [Sec. 2, Chap. 1, Book VI, EO 292]. Project employees. Those assigned to carry out a "specific project or undertaking," the duration (and scope) of which were specified at the time the employees were engaged for that project. [ALU-TUCP v. NLRC, GR 109902. Aug. 2, 1994]. Project employment. Labor. An employment where the employees are employed in connection with a particular
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construction project. [Poquiz, Labor Rel. Law, 1999 Ed. p. 318]. Project proponent. The private sector entity which shall have contractual responsibility for the project and which shall have an adequate financial base to implement said project consisting of equity and firm commitments from reputable financial institutions to provide, upon award, sufficient credit lines to cover the total estimated cost of the project. [Sec. 2, RA 7718]. Prolonging performance of duties and powers. Crim. Law. The felony committed by any public officer who shall continue to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case. [Art. 237, RPC]. Promisee. 1. An individual to whom a promise is made. 2. A person who is to be the beneficiary of a promise, an obligation or a contract. Synonymous to Obligee. Promissor. 1. An individual who makes a promise. 2. The person who has become obliged through a promise [usu. expressed in a contract] towards another, the intended beneficiary of the promise being referred to as the promisee. Also sometimes referred to a Obligor. Promissory. Conveying or implying a promise. Promissory estoppel. 1. An estoppel that may arise from the making of a promise, even though without consideration, if it was intended that the promise should be relied upon and in fact it was relied upon, and if a refusal to enforce it would be virtually to sanction the perpetration of fraud or would result in other injustice. [Ramos v. Central Bank, GR L-29352, Oct. 4, 1971]. 2. A promise which estops the promisee from asserting or taking certain action. Promissory estoppel doctrine. The doctrine under which an estoppel may arise from the making of a promise, even though without consideration, if it was intended that the promise should be relied upon and in fact it was relied upon, and if a refusal to enforce it would be virtually to sanction the perpetration of fraud or would result in other injustice. In this respect, the reliance by the promisee is generally evidenced by action or forbearance on his part, and the Idea has been expressed that such action or forbearance would reasonably have been expected by the promisor. Mere omission by the promisee to do whatever the promisor promised to do has been held insufficient 'forbearance' to give rise to a promissory estoppel.' [Ramos v. Central Bank of the Phils., GR L-29352, Oct. 4, 1971; 41 SCRA 565 at p. 588]. Promissory note. 1. An unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him. [Sec. 184, NIL]. 2. A solemn acknowledgment of a debt and a formal commitment to repay it on the date and under the conditions agreed upon by the borrower and the lender. [Sierra v. CA, GR 90270, July 24, 1992]. Compare with Bill of exchange.
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Promissory warranty. 1. A statement in a policy which imparts that it is intended to do or not to do a thing which materially affects the risk and that such act or omission shall take place. [Sec. 72, IC]. 2. A kind of warranty that is in the nature of a condition subsequent, and a breach thereof invalidates the policy from the time of breach. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 74]. Promoter. A person who, acting alone or with others, takes initiative in founding and organizing the business or enterprise of the issuer and receives consideration therefor. [Sec. 3, RA 8799]. Promoter of a company or a proposed company. A person who, acting alone or in concert with other persons, is initiating or directing, or has within one year initiated or directed, the organization of such company. [Sec. 3, RA 2629]. Promotion. Admin. Law. The advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usu. accompanied by an increase in salary. [Millares v. Subido, 20 SCRA 954, 962 (1967)]. Compare with Transfer. Promotion shares. Corp. Law. (a) Such shares as are issued to those who may originally own the mining or valuable rights connected therewith, in consideration of their deeding the same to the mining company when the company is incorporated, or (b) such shares as are issued to promoters, or those in some way interested in the company, or for services rendered in launching or promoting the welfare of the company, such as advancing the fees for incorporating, advertising, attorneys fees, surveying, etc. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63]. Promotions. An event or activity organized by or on behalf of a tobacco manufacturer, distributor or retailer with the aim of promoting a brand of tobacco product, which event or activity would not occur but for the support given to it by or on behalf of the tobacco manufacturer's name, trademark, logo, etc. on non-tobacco products. [Sec. 4, RA 9211]. Prompt. Done without delay. Promulgation. Elec. Law. The process of officially issuing the courts decision or order in an election contest. [Sec. 3, Rule 1, AM 10-4-1-SC, May 4, 2010]. Promulgation. Rem. Law. 1. The process by which a decision is published, officially announced, made known to the public or delivered to the clerk of court for filing, coupled with notice to the parties or their counsel. [Neria v. Comm. of Immigration, L-24800, May 27, 1968]. 2. The delivery of a court decision to the clerk of court for filing and publication. [Araneta v. Dinglasan, 84 Phil. 433]. 3. The filing of the signed decision with the clerk of court. [Sumbing v. Davide, GR 86850-51, July 20, 1989]. Compare with Rendition. Promulgation of judgment. The reading of a judgment or sentence in the presence of the accused and the judge of the court who rendered it; it is not the date of the writing of the decision or judgment. [Enriquez v. Villarta, AM MTJ02-1398, Feb. 27, 2002]. Promulgation of judgment in absentia. The promulgation of judgment by re-
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cording it in the criminal docket and serving the accused a copy thereof at his last known address or through his counsel, in case he fails to appear at the scheduled date of promulgation of judgment despite notice. [Sec. 6 , Rule 120, RoC]. Proof. The degree or kind of evidence which will produce full conviction, or establish the proposition to the satisfaction of the court. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 2]. Proof beyond reasonable doubt. 1. Proof that calls for moral certainty of guilt. [People v. Raquel, GR 119005. Dec. 2, 1996]. 2. Such proof to the satisfaction of the court, keeping in mind the presumption of innocence, as precludes every reasonable hypothesis except that which it is given to support. It is not sufficient for the proof to establish a probability, even though strong, that the fact charged is more likely to be true than the contrary. It must establish the truth of the fact to a reasonable and moral certainty - a certainty that convinces and satisfies the reason and the conscience of those who are to act upon it. [US v. Reyes, 3 Phil. 3]. Proof liter. A liter of proof spirits. [Sec. 141, NIRC, as amended]. Proof of service. Evidence submitted by a process server that he has made service on a defendant in an action. It is also called a return of service. Proof of the corpus delicti. Proof indispensable in the prosecution of all kinds of criminal offenses, corpus delicti being taken to mean the substance of the crime, or the fact that a crime has actually been committed. [People Madlangbayan, 94 SCRA 679]. v.
Proof of the truth. The truth which may be given in evidence to the court in every criminal prosecution for libel and which, if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, shall acquit the defendants. [Art. 361, RPC]. Proof spirits. Liquor containing 1/2 of its volume of alcohol of a specific gravity of 7,900.7939 at 15C. A proof liter means a liter of proof spirits. [Sec. 141, NIRC, as amended]. Propeller. An inclusive term for all parts, appurtenances, and accessories of a propeller. [Sec. 3, RA 9497]. Proper action. An entirely separate and distinct action from that in which execution has issued, if instituted by a stranger to the latter suit. [Ong v. Tating, 149 SCRA 265, 277]. Proper law. The principle of conflict of laws acc. to which the law applicable to a given legal situation should be the law having the closest and most real connection to the case. Proper look-out. Mar. Law. One who has been trained as such and who is given no other duty save to act as a look-out and who is stationed where he can see and hear best and maintain good communication with the officer in charge of the vessel, and who must, of course, be vigilant. [Smith Bell and Co. (Phils.), Inc. v. CA, GR 56294. May 20, 1991]. Proper name. Proper noun: a noun that denotes a particular thing; usu. capitalized. See Given name.
899
Proper party. 1. One which ought to be a party if complete relief is to be accorded as bet. those already parties. [Laperal Devt. Corp. v. CA, GR 96354. June 8, 1993]. 2. One who has sustained or is in danger of sustaining an injury as a result of the act complained of. [Garcia v. Exec. Sec., GR 100883. Dec. 2, 1991]. See Indispensable party. Proper submission doctrine. Consti. Law. The doctrine under which a Plebiscite may be held on the same day as regular election [Gonzales v. Comelec, GR L-28196, Nov. 9, 1967], provided the people are sufficiently informed of the amendments to be voted upon, to conscientiously deliberate thereon, to express their will in a genuine manner. Submission of piece-meal amendments is unconstitutional. All amendments must be submitted for ratification at one plebiscite only. The people have to be given a proper frame of reference in arriving at their decision. [Tolentino v. Comelec, GR L-34150, Oct. 16, 1971]. Properly applicable law. The law which has the closest and most real connection [or most significant relationship] with the contract or tort, based upon the connecting factors [contacts]. Property. 1. All things which are or may be the object of appropriation. They are considered either: (a) Immovable or real property; or (b) movable or personal property. [Art. 414, CC]. 2. All real and personal property, incl. but not limited to: water, water rights, works, easements, rights of way. [Sec. 3, PD 198]. Property classification. The classification of property based on ownership. These classifications are the following: (a) public domain - properties intended for public use, public service or for the development of national wealth; (b) patrimonial property - properties owned by the state but are not intended for public use, public service or for the development of national wealth; and (c) private ownership - property belonging to private persons either individually or collectively. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Property limitation hazards. The restrictions on ownership and use of the property. These include (a) limitations imposed by law, e.g. legal easement, zoning advances; (b) limitations set by the owner such as the owner of a subdivision imposes a height requirement on all buildings to be erected; (c) limitations imposed by the owner who conveyed the property such as the conditions in the Deed of Donation; and (d) defective conveyances which represent a cloud of doubt on the validity of documents. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Property manager. A professional administrator of real properties who is engaged by the Real Estate Investment Trust (REIT) to provide property management services, lease management services, marketing services, project management services, incl. rent collection, tenant services, care of the physical plant, security, leasing, marketing of the property to outside prospects, and other similar services pertaining to the property under administration. [Sec. 3, RA 9856]. Property of others. Property held by the debtor in which other persons have an ownership interest. [Sec. 4, RA 10142].
900
Property of public dominion. 1. (a) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character; (b) those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth. [Art. 420, CC]. 2. Things held by the State by regalian right. They are things res publicae in nature and hence, incapable of private appropriation. [Rep. v. Alagad, GR 66807. Jan. 26, 1989]. Property or Funds. Financial assets, property of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, incl. electronic or digital, evidencing title to, or interest in, such funds or other assets, incl., but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, or letters of credit, and any interest, dividends or other income on or value accruing from or generated by such funds or other assets. [Sec. 3, RA 10168]. Property ownership. The entity who owns the property lands as private individuals in the state. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Property regime of unions without marriage. Fam. Law. The property relations bet. a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, whereby their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. [Art. 147, FC]. Property registration. A system by which ownership of real property is established through the issuance of an official certificate indicating the name of the individual in whom such ownership is vested. Property Registration Decree. PD 1529 entitled Amending and codifying the laws relative to registration of property and for other purposes signed into law on June 11, 1978. Property responsibility. The obligation of an individual for the proper custody, care and safekeeping of property entrusted to his possession or under his supervision. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Property taxes. 1. Taxes assessed on all property or on all property of a certain class located within a certain territory on a specified date in proportion to its value, or in accordance with some other reasonable method of apportionment, the obligation to pay which is absolute and unavoidable and it is not based upon any voluntary action of the person assessed. A property tax is ordinarily measured by the amount of property owned by the taxpayer on a given day, and not on the total amount owned by him during the year. It is ordinarily assessed at stated periods determined in advance, and collected at appointed times, and its payment is usu. enforced by sale of the property taxed, and in occasionally, by imprisonment of the person assessed. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968]. 2.
901
Tax(es) levied on land and buildings (real estate) and on personal property. Property utilization. The usage which will be adopted for the property - whether for commercial, agricultural or residential purposes, or a mix of these. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Prophylactic. Any agent or device used to prevent the transmission of a disease. [Sec. 4, RA 8496]. Prophylaxis. Action taken to prevent disease, esp. by specified means or against a specified disease. Propina. Sp. 1. Tip or gratuity. 2. Gift. [Domingo v. Domingo, GR L-30573 Oct. 29, 1971]. Propinquity. Nearness in place; close-by. Also used to describe relationships as synonymous for kin. Proportion. A part, share, or number considered in comparative relation to a whole. Proportion characteristics. The writing characteristics and habits existing in the questioned and standard signatures [based on] the relationship of one letter to the next letter. [Obando v. People, GR 138696, July 7, 2010]. Compare with Alignment characterisitics and Arrangement characterisitics. Proportional. Having a due proportion, or comparative relation; being in suitable proportion or degree. Proportional tax. Tax based on a fixed percentage of the amount of the property, receipts, or other basis to be taxed. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 15]. Proportionate or Comparative fault. The rule for apportioning damages in tort or delict, whereby each party whose fault has contributed to the total loss or damage is held liable for that loss or damage in a proportion corresponding to that party's fault or negligence. At common law, however, proportionate [comparative] fault only replaced the old common law contributory negligence rule which precluded any recovery by a plaintiff whose fault or negligence had contributed to his loss or damage in even the slightest degree. Proposal. 1. Intl. Law. A diplomatic document containing an offer to settle a dispute. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. 2. Pol. Law. The motion of initiating suggestions or proposals on the amendment or revision [of the Phil. Consti.] which may either be by (a) Congress, upon a vote of of all its Members; or (b) a Constitutional Convention; or (c) the people through initiative. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 15]. Proposal bond. Also Bid bond. A bond which has for its purpose to assure the owner of the project of the good faith of the bidder and that the bidder will enter into a contract with the project owner should his proposal be accepted. [Eastern Assurance & Surety Corp. v. IAC, GR 69450. Nov. 22, 1989]. Compare with Performance bond. Proposal to commit a felony. It exists when the person who has decided to commit a felony proposes its execution to some other person or persons. [Art. 8, RPC].
902
Proposition. The measure proposed by the voters. [Sec. 3, RA 6735]. Propositus. Succ. The 2nd person involved in reserva troncal who is the descendant from whom the property is directly acquired by the ascendant reservista. Also known as Descendantpropositus. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 256]. Proprietary. Of or relating to an owner or ownership. Proprietary educational institution. Any private school maintained and administered by private individuals or groups with an issued permit to operate from the Dep-Ed, or the CHED, or the TESDA, as the case may be, in accordance with existing laws and regulations. [Sec. 27, NIRC, as amended]. Proprietary function. Also Ministrant function. Pol. Law. A service which might as well be provided by a private corporation, and particularly when it collects revenues from it, as to which there may be liability for the torts of agents within the scope of their employment. [Fontanilla v. Maliaman, GR 55963 & 61045. Feb. 27, 1991]. Compare with Governmental or Constituent function. Proprietas nuda. Lat. Naked property. See also Nuda proprietas. Proprietor. 1. One who has the legal right of exclusive title to anything, whether in possession or not; an owner, sometimes, esp. in Stat. Con., in a wider sense, a person having interest less than absolute and exclusive right, as the usufruct, present control and use, of property. [Blaquera v. De Aldaba, GR L1053. Mar. 30, 1960]. 2. Owner; person who has legal right or title to anything. Prosecute. 1. To begin and to carry on a legal proceeding. [Camanag v. Guerrero, GR 121017. Feb. 17, 1997]. 2. It marks the commencement of a criminal prosecution and precedes and determines the filing of an information. [City Fiscal v. Phil. Banking Corp., 53694-R, Sep. 28, 1977]. Prosecution. 1. A criminal action: a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime. [Camanag c. Guerrero, GR 121017. Feb. 17, 1997]. 2. A criminal action: a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime. Prosecution Service Act of 2010. RA 10071 entitled An Act Strengthening and Rationalized the National Prosecution Service which lapsed into law on Apr. 08, 2010 without the signature of the Pres. Prosecutor. A trial lawyer representing the govt. in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute. Prospective. Likely or expected to happen. Prospective construction. A rule that all statutes are to be construed as having only prospective operation unless the purpose and intention of the legislature
903
to give them retrospective effect is expressly declared or is necessarily implied from the language used. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 10]. Compare with Contemporaneous construction by executive officers. Prospectivity. Also Irretrospectivity. A characteristic of criminal law where the law is deemed not to have any retroactive effect, except if it favors the offender unless he is a habitual delinquent [Art. 22, RPC] or the law otherwise provides. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 2]. Prospectivity rule. Exceptions [as collated in Paras, Civ. Code of the Phils. Annotated, 1984 ed., Vol. 1, pp. 22-23]: (a) Laws remedial in nature; (b) penal law favorable to accused, if latter not habitual delinquent; (c) laws of emergency nature under police power: e.g., tenancy relations [Vda. de Ongsiako v. Gamboa, 47 OG 4259, Valencia v. Surtida, May 31, 1961]; (d) curative laws; (e) substantive right declared for the 1st time unless vested rights are impaired. [Unson v. del Rosario, Jan. 29, 1953; Belen v. Belen, 49 OG 997; People v. Alejaga, 49 OG 2833]. Prospectus. 1. The document made by or an behalf of an issuer, underwriter or dealer to sell or offer securities for sale to the public through registration statement filed with the Tariff Commission. [Sec. 3, RA 8799]. 2. A document in which a corporation sets out the material details of a share or bond issue and inviting the public to invest by purchasing these financial instruments. Prostitutes. Crim. Law. 1. Women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct. [Art. 202, RPC]. 2. Persons who offer sexual intercourse for hire. Prostitution. Any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration. [Sec. 3, RA 10364; Sec. 3, RA 9208]. 2. A crime against public morals, committed by a woman, whether married or not, who, for money or profit, habitually indulges in sexual intercourse or lascivious conduct. [People v. Hong, GR L-27830. May 29, 1970]. Protect person. In an armed conflict, [this] means: (1) a person wounded, sick or shipwrecked, whether civilian or military; (2) a prisoner of war or any person deprived of liberty for reasons related to an armed conflict; (3) a civilian or any person not taking a direct part or having ceased to take part in the hostilities in the power of the adverse party; (4) a person who, before the beginning of hostilities, was considered a stateless person or refugee under the relevant international instruments accepted by the parties to the conflict concerned or under the national legislation of the state of refuge or state of residence; (5) a member of the medical personnel assigned exclusively to medical purposes or to the administration of medical units or to the operation of or administration of medical transports; or (6) a member of the religious personnel who is exclusively engaged in the work of their ministry and attached to the armed forces of a party to the conflict, its medical units or medical transports, or nondenominational, noncombatant military personnel carrying out functions similar
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to religious personnel. [Sec. 3, RA 9851]. Protected area. Identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation. [Sec. 4, RA 7586]. Protected landscapes or seascapes. Areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of these areas. [Sec. 4, RA 7586]. Protected record. Local govt. records containing data that are important from economic, social, political, legal, national security, scientific, cultural, technological or other aspects, which are indispensable for the research of historical past, for becoming acquainted with and understanding it, and/or for the continuous fulfillment of public duties and the realization of citizens' rights, which are not or only partially available from other sources. [Sec. 4, RA 9470]. Protection against compulsory disclosures doctrine. The doctrine that no person could be compelled to testify against himself or to answer any question which would have had a tendency to expose his property to a forfeiture or to form a link in a chain of evidence for that purpose, as well as to incriminate him. [Cabal v. Kapunan, Jr., GR L19052, Dec. 29, 1962]. Protection Order. An order issued under RA 9262 for the purpose of preventing further acts of violence against a woman or her child specified in Sec. 5 of RA 9262 and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. [Sec. 8, RA 9262]. See also Temporary Protection Order and Permananent Protection Order. Protective personality principle. Intl. Law. The principle by which the state exercise jurisdiction over the acts of an alien even if committed outside its territory, if such acts are adverse to the interest of the national state. Protective principle. Doctrine that a court has criminal jurisdiction if the national interest is injured. Protective use. The visible sign of the protection conferred by the 1949 Geneva Conventions and their Additional Protocols on medical personnel and medical units and transports in time of armed conflict. The dimensions of the emblem shall therefore be as large as possible. [Sec. 3, RA 10530]. Protector or Coddler. Any person who lends or provides protection, or receives benefits in any manner in the operation of any illegal numbers game. [Sec. 2, RA 9287]. Protectorate. Intl. Law. A state established at the request of the weaker state for the protection of a strong power. Compare with Suzerainty.
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Protest. Admin. Law. A mode of action that may be availed of by the aggrieved party to contest the appointment made, and the protest must be "for cause" or predicated on those grounds provided for under Sec. 19 par. (6) of the Civil Service Law (PD 807) namely: (a) that the appointee is not qualified; (b) that the appointee is not the next-in-rank; and (c) in case of appointment by transfer, reinstatement, or by original appointment, that the protestant is not satisfied with the written special reason or reasons given by the appointing authority. [Aquino v. CSC, GR 92403. Apr. 22, 1992]. Protest. Nego. Inst. 1. A formal document made under the hand and seal of a Notary Public certifying to the circumstances of a foreign bill. [Diaz, Bus. Law Rev., 1991 Ed., p. 372]. 2. Formal certification that a negotiable instrument was dishonored by a party liable for its payment. Protest. Prop. Mgt. The objection to a contemplated or actual award. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Protest bond. Prop. Mgt. A bond in cash, certified or cashier's check, or surety required of protestants against awards. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Protocol. Intl. Law. 1. An instrument which amends or supplements an existing treaty or convention. Sometimes, it is referred to also in a loose manner as an ordinary agreement. 2. A supplementary agreement to a convention that adds to or changes some provision of the convention only for the states parties who adopt the protocol. Protocol de cloture. Intl. Law. A summary of the proceedings of a diplomatic conference and usu. includes a reproduction of the texts of treaties, conventions, recommendations and other acts agreed upon by the plenipotentiaries attending the conference. See Act or Final act. Provincial certificate of canvass of votes. A document containing the total votes in words and in figures obtained by each candidate in a province. [Sec. 2, RA 8046]. Provisional. Arranged or existing for the present, possibly to be changed later. Provisional absence. The disappearance of a person from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, at which instance, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary. [Art. 381, CC]. Compare with Declared absence. Provisional director. Corp. Law. An impartial person who is neither a stockholder nor a creditor of the corporation or of any subsidiary or affiliate of the corporation, and whose further qualifications, if any, may be determined by the (Securities and Exchange) Commission (SEC). He is not a receiver of the corporation and does not have the title and powers of a custodian or receiver. He has all the rights and powers of a duly elected director of the corporation, incl. the right to notice of and to vote at meetings of directors, until such time as he shall be removed by order of the (SEC) or by all the stockholders. [Sec. 104, Corp. Code].
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Provisional dismissal. Crim. Pro. Sec. 8, Rule 117 of the Rev. Rules of Crim. Pro. which provides that the law on provisional dismissal becomes operative once the judge dismisses, with the express consent of the accused and with notice to the offended party: (a) a case involving a penalty of imprisonment not exceeding 6 years or a fine of any amount, or both, where such provisional dismissal shall become permanent 1 year after issuance of the order without the case having been revived; or (b) a case involving a penalty of imprisonment of more than 6 years, where such provisional dismissal shall become permanent 2 years after issuance of the order without the case having been revived. [Torres, Jr. v. Sps. Aguinaldo, GR 164268, JUNE 28, 2005]. Provisional dismissal. Crim Pro. Essential Requisites: 1. The prosecution with the express conformity of the accused or the accused moves for a provisional (sin perjuicio) dismissal of the case; or both the prosecution and the accused move for a provisional dismissal of the case; 2. the offended party is notified of the motion for a provisional dismissal of the case; 3. the court issues an order granting the motion and dismissing the case provisionally; 4. the public prosecutor is served with a copy of the order of provisional dismissal of the case. [People v. Lacson, GR 149453, Apr. 1, 2003]. Provisional remedy. Rem. Law. A collateral proceeding, permitted only in connection with a regular action, and as one of its incidents; one which is provided for present need, or for the occasion, that is, one adapted to meet a particular exigency. [Feria and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed., p. 261]. Provisional takeover. A remedy authorized under Sec. 3 (c) of EO 1 (1986) where what is taken into custody is not only the physical assets of the business enterprise or entity taken over by the govt. of the Marcos Administration or by entities or persons close to former Pres. Marcos, but the business operation as well. [Bataan Shipyard Engg. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Provisos. A clause added to an enactment for the purpose of acting as a restraint upon or as a qualification of, the generality of the language which it follows. [Suarez, Stat. Con., (1993), p. 48]. Proxies. See Proxy. Proximate. That immediately preceding or following [as in a chain of events, causes or effects]. Proximate cause. 1. Any cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the result complained of and without which would not have occurred and from which it ought to have been foreseen or reasonably anticipated by a person of ordinary case that the injury complained of or some similar injury, would result therefrom as a natural and probable consequence. [People v. Desalina, 57 OG 8694]. 2. That cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the result would not have occurred. 3. The last negligent act which contributes to an injury. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.
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Proximate cause doctrine. The doctrine stating that proximate legal cause is that acting first and producing the injury, either immediately or by settling other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately affecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the 1st event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom. [Vda. de Bataclan v. Medina, GR L-10126, Oct. 22, 1957]. Proximate legal cause. That acting first and producing the injury, either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately effecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the 1st event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom. (Urbano v. IAC, GR 72964, Jan. 7, 1988, quoting Vda. De Bataclan v. Medina, 102 Phil. 181). Proximity. Nearness in space, time, or relationship. Proximity of relationship. See Relationship proximity. Proximity rule. The rule that, in every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it properly takes place. [Art. 962, CC]. Proxy. 1. The representative of a stockholder or member duly authorized in writing to vote in all meetings of stockholders or members of a corporation. 2. The written authority given by stockholder or member to his representative, signed by the stockholder or member himself and filed before the scheduled meeting with the corporate secretary. Unless otherwise provided in the proxy, it shall be valid only for the meeting for which it is intended. No proxy shall be valid and effective for a period longer than 5 years at any one time. [Sec. 58, Corp. Code]. Prudence. Discretion in practical affairs. Prudent. Acting with or showing care and thought for the future. Prudent man. One who possesses ordinary intelligence and capacity. He is the average man who is presumed by law to have the necessary capacity to avoid doing harm to others. He is also expected to know facts that are based on human experience which eventually guides him in taking the proper course of action. PSC. See Philippine Sports Commission. PST. See Philippine Standard Time. Psychological. Of, affecting, or arising in the mind; related to the mental and emotional state of a person.
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Psychological incapacity. 1. Legal Med. It covers all possible mental disorders that are so grave or serious enough as to persistently and permanently incapacitate a person to perform the normal and ordinary functions of a married life. Such incapacity must be incurable and irreversible. As a legal ground for the annulment of the marriage, or for the declaration of the nullity of the marriage, the condition must have existed at the time of the marriage even if it manifested only at a later time. [Olarte, Legal Med., 1st Ed. (2004), p. 146]. 2. Fam. Law. A mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage. [Santos v. CA, 310 Phil. 21 (1995)]. Psychological incapacity. Fam. Law. Characteristics [to be sufficient basis to annul a marriage]: (a) Gravity, (b) juridical antecedence, and (c) incurability. [Santos v. CA, 310 Phil. 21 (1995)]. Psychological incapacity. Fam. Law. Root cause of the must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts, and (d) clearly explained in the decision. Psychological violence. Acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. [Sec. 3, RA 9262]. Psychologist. A natural person who is duly registered and holds a valid certificate of registration and a valid professional identification card as professional psychologist, issued by the Professional Regulatory Board of Psychology and the PRC pursuant to RA 10029 for the purpose of delivering the different psychological services defined in RA 10029. [Sec. 3, RA 10029]. Psychology. The scientific study of human behavior. It involves the application of scientific methods to inquire into the biological, cognitive, affective, developmental, personality, social, cultural and individual difference dimensions of human behavior. [Sec. 3, RA 10029]. Psychology, Practice of. [It] consists of the delivery of psychological services that involve application of psychological principles and procedures for the purpose of describing, understanding, predicting and influencing the behavior of individuals or groups, in order to assist in the attainment of optimal human growth and functioning. The delivery of psychological services includes, but is not limited to: (1) psychological interventions: psychological counselling, psychotherapy, psychosocial support, coaching, psychological debriefing, group processes and all other psychological interventions that involve the application of psychological principles to improve psychological functioning of individuals, families, groups and organizations; (2) psychological assessment: gathering and integration of psychologyrelated data for the purpose of making a
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psychological evaluation, accomplished through a variety of tools, incl. individual tests, projective tests, clinical interview and other psychological assessment tools, for the purpose of assessing diverse psychological functions incl. cognitive abilities, aptitudes, personality characteristics, attitudes, values, interests, emotions and motivations, among others, in support of psychological counselling, psychotherapy and other psychological interventions; and (3) psychological programs: development, planning, implementation, monitoring and evaluation of psychological treatment for individuals and/or groups. [Sec. 3, RA 10029]. Psychometrician. A natural person who holds a valid certificate of registration and a valid professional identification card as psychometrician issued by the Professional Regulatory Board of Psychology and the PRC pursuant to RA 10029. As such, he/she shall be authorized to do any of the following: Provided, That such shall at all times be conducted under the supervision of a licensed professional psychologist: (1) administering and scoring of objective personality tests, structured personality tests, excluding projective tests and other higher level forms of psychological tests; (2) interpreting results of the same and preparing a written report on these results; and (3) conducting preparatory intake interviews of clients for psychological invention sessions. [Sec. 3, RA 10029]. PTA. See Philippine Tourism Authority. Pterygium. A triangular fleshy mass of thickened conjunctiva occurring usu. at the inner side of the eyeball, covering part of the cornea and causing a disturbance of vision. [Aguja v. GSIS, GR 84846. Aug. 5, 1991]. Public. 1. Common to all or many; general; open to common use. [Izon v. People, GR L-51370. Aug. 31, 1981 1393 (Rev. 4th Ed.)]. 2. Pertaining to, or belonging to, or affecting a nation, state, or community at large. [Aquino-Sarmiento v. Morato, GR 92541. Nov. 13, 1991]. Compare with Private. Public access registry. Public access register containing prohibition and restriction on the unauthorized disclosure and access of information in any public records. [Sec. 4, RA 9470]. Public Acts. Statutes passed and approved by the Phil. Commission and the Phil. Legislature from 1901 to 1935. [Suarez, Stat. Con., (1993), p. 42]. Public adjuster. Any person, partnership, association or corporation which, for money, commission or any other thing of value, acts on behalf of an insured in negotiating for, or effecting, the settlement of a claim or claims of the said insured arising under insurance contracts or policies, or which advertises for or solicits employment as an adjuster of such claims. [Sec. 324, IC]. Public aircraft. 1. An aircraft used exclusively in the service of any govt. or of any political jurisdiction thereof, incl. the Govt. of the Phils., but not incl. any govt.-owned aircraft engaged in operations which meet the definition of commercial air transport operations. [Sec. 3, RA 9497]. 2. An aircraft used exclusively in the service of the Natl. Govt. of the Rep. of the Phils. or of any political subdivision or instrumentality thereof, but not incl. any govt.-owned aircraft en-
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gaged in air commerce. [Sec. 3, RA 776]. Public archives. Public records that are under the custody and control of the executive director [of the Natl. Archives]. [Sec. 4, RA 9470]. Public assembly. Any rally, demonstration, Mar., parade, procession or any other form of mass or concerted action held in a public place for the purpose of presenting a lawful cause; or expressing an opinion to the general public on any particular issue; or protesting or influencing any state of affairs whether political, economic or social; or petitioning the govt. for redress of grievances. [Sec.3, BP 880]. Public Assembly Act of 1985, The. BP 880 entitled An Act ensuring the free exercise by the people of their right peaceably to assemble and petition the govt. for other purposes enacted on Oct. 22, 1985. Public assembly building. Any building or structure where 50 or more people congregate, gather, or assemble for any purpose. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Public attorney or defender. Govt. lawyer who provides free legal defense services to a poor person accused of a crime. Public Attorneys Office (PAO). The principal law office of the government in extending free legal assistance to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases. [Sec. 2, RA 9406]. Public auction. Synonymous to public bidding as applied to sale of disposable supplies of property. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Public building. Every building owned by the Govt. or belonging to a private person not included, used or rented by the Govt., although temporarily unoccupied by the same. [Art. 301, RPC]. Public concern. A term that, like "public interest," eludes exact definition. Both terms embrace a broad spectrum of subjects which the public may want to know, either because these directly affect their lives, or simply because such matters naturally arouse the interest of an ordinary citizen. [Legaspi v. CSC, GR 72119. May 29, 1987]. Public contract. See Government contract. Public convenience or necessity. Something fitting or suited to the public need. [Kilusang Mayo Uno v. Garcia, GR 115381. Dec. 23, 1994, 5th Ed., p. 1105]. Public conveyance. Mode of transportation servicing the general population such as, but not limited to, elevators, airplanes, buses, taxicabs, ships, jeepneys, light rail transits, tricycles, and similar vehicles. [Sec. 4, RA 9211]. Public corporations. Corporations formed or organized for the govt. of a portion of the State. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 40]. Compare with Private corporations. Public debt. That debt which is due (to) or owing by the govt. [Peralta v. Serrano, GR L-16523. Nov. 29, 1960].
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Public documents. 1. (a) The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Phils., or of a foreign country; (b) documents acknowledged before a notary public except last wills and testaments; and (c) public records, kept in the Phils., of private documents required by law to be entered therein. [Sec. 19, Rule 132, RoC]. 2. Any instrument authorized by a notary public or a competent public official, with the solemnities required by law. [Bermejo v. Barrios, GR L-23614. Feb. 27, 1970]. Public dominion property. See Property of public dominion. Public employment. It signifies employment in the service of the natl. govt. and its political subdivisions and instrumentalities. It does not include employment as public officer elected by the popular vote. [Sec. 39, RA 4119]. Public figure. Also Celebrity. A person who, by his accomplishments, fame, or mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, has become a public personage. He is, in other words, a celebrity. Obviously, to be included in this category are those who have achieved some degree of reputation by appearing before the public. It includes, in short, anyone who has arrived at a position where public attention is focused upon him as a person. [Ayer Productions v. Capulong, GR L-82380. Apr. 29, 1988]. Public finance. The financial operations of all levels of govt. Such operations include budgeting, taxing, appropriating, purchasing, borrowing, disbursing funds, and regulating the currency. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 25]. Public forest. 1. The mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not. [Sec. 3, PD 705]. 2. It includes, except as otherwise specially indicated, all unreserved public land incl. nipa and mangrove swamps and all forest reserves of whatever character. [Sec. 1820, Act 926]. Public functionaries. All persons who, by direct requirement of law, or by popular election, or by public appointment by competent authority, participate in the exercise of public functions. [US v. Sarmiento, GR 880. Nov. 14, 1902]. Public health care service provider. It refers to: (1) public health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, disease prevention, diagnosis, treatment and care of individuals suffering from illness, disease, injury, disability or deformity, or in need of obstetrical or other medical and nursing care; (2) public health care professional, who is a doctor of medicine, a nurse or a midwife; (3) public health worker engaged in the delivery of health care services; or (4) barangay health worker who has undergone training programs under any accredited government and NGO and who voluntarily renders primarily health care services in the community after having been accredited to function as such by the local health board in accordance with the guidelines
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promulgated by the DOH. [Sec. 4, RA 10354]. Public health services. Services that strengthen preventive and promotive health care through improving conditions in partnership with the community at large. These include control of communicable and non-communicable diseases, health promotion, public information and education, water and sanitation, environmental protection, and health-related data collection, surveillance, and outcome monitoring. [Sec. 1, RA 9241]. Public international law. That division of international law that deals primarily with the rights and duties of states and intergovernmental organizations as bet. themselves. Public Land Act. CA 141, as amended, entitled An Act to amend and compile the laws relative to lands of the public domain enacted on Nov. 7,1936. Public lands. Lands of the public domain which have been classified as agricultural lands and subject to management and disposition or concession under existing laws. [Sec. 3, RA 7942]. Public law. That law such as traffic ordinances or zoning ordinances which applies to the public. Public market. 1. Any place, building or structure of any kind designated as such by the local board or council, except public streets, plazas, parks, and the like. [Sec. 1, PD 426]. 2. One that is dedicated to the service of the general public and is operated under govt. control and supervision as a public utility, whether it be owned by the govt. or any instrumentality thereof or by any private individual. [Aranque Market Ext. Chinese Vendors Assoc. v. De la Fuente, 48 OG 94]. Public motor vehicle. Public utility vehicle or vehicle for hire. [Sec. 3, RA 8750]. Public nuisance, remedies against. (a) A prosecution under the Penal Code or any local ordinance: or (b) a civil action; or (c) abatement, without judicial proceedings. [Art. 699, CC]. Public nuisance. 1. Nuisance that affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal. [Art. 695, CC]. 2. The doing of or the failure to do something, that injuriously affects the safety, health, or morals of the public; it causes hurt, inconvenience, or injury to the public, generally, or to such part of the public as necessarily comes in contact with it. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 436]. See Private nuisance. Public officer. 1. Any person holding any public office in the Govt. of the Rep. of the Phils. by virtue of an appointment, election or contract. [Sec. 1, RA 7080]. 2. Any person 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 Govt. of the Phils., of shall perform in said Govt. or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class. [Art. 203, RPC]. Public officer revealing secrets of private individual. Crim. Law. The felony
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committed by any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets. [Art. 230, RPC]. Public officials. Elective and appointive officials and employees (of the govt.), permanent or temporary, whether in the career or non-career service, incl. military and police personnel, whether or not they receive compensation, regardless of amount. [Sec. 3, RA 6713]. Public order. A civil law term which refers to domestic rules and legal principles reflecting lofty standards of morality and social conduct in a civilized society. Public place. 1. Enclosed or confined areas such as schools, public transportation terminals, shopping malls, and the like. [Sec. 3, RA 10028]. 2. Any highway, boulevard, avenue, road, street, bridge or other thoroughfare, park, plaza, square, and/or any open space of public ownership where the people are allowed access. [Sec.3, BP 880]. 3. Any place open to the public like parks, malls, markets, streets, etc. [Sec. 3, RA 9482]. Public places. Enclosed or confined areas of all hospitals, medical clinics, schools, public transportation terminals and offices, and building such as private and public offices, recreational places, shopping malls, movie houses, hotels, restaurants, and the like. [Sec. 4, RA 9211]. Public policy. A common law term which refers to fundamental principles of natural justice found in a state's constitution, bill of rights, laws, regulations, precedents and accepted customs. Public policy doctrine. The doctrine under which, as applied to the law of contracts, courts of justice will not recognize or uphold a transaction when its object, operation, or tendency is calculated to be prejudicial to the public welfare, to sound morality or to civic honesty. [Cui v. Arellano University, GR L-15127, 30 May 1961, 2 SCRA 205, 209]. Public property. Property owned by the government or one of its agencies, divisions, or entities. Commonly a reference to parks, playgrounds, streets, sidewalks, schools, libraries and other property regularly used by the general public. Public prosecutor. 1. The representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case but that justice shall be done. As such, he is in a peculiar and every definite sense the servant of the law, the 2-fold aim of which is that guilt shall not escape or innocence suffer. [Suarez v. Platon, 69 Phil 556 (1940)]. 2. He owes the state, the court and the accused the duty to lay before the court the pertinent facts at his disposal with methodical and meticulous attention, clarifying contradictions and filling up gaps and loopholes in his evidence to the end that the court's mind may not be tortured by doubts, the innocent may not suffer, and the guilty may not escape unpunished. [People v. Esquivel, 82 Phil. 453 (1948)]. Public purpose. Synonymous with Governmental purpose. A purpose affecting the inhabitants of the state or taxing district as a community and not merely
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as individuals. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 41]. Public purpose or Public use. Any purpose or use directly available to the general public as a matter of right. An activity as will serve as benefit to [the] community as a body and which at the same time is directly related function of government. [Yap v. COA, GR 158562, Apr. 23, 2010, p. 1231, (6th ed., 1990)]. Public records. Record or classes of records, in any form, in whole or in part, created or received, whether before or after the effectivity of RA 9470, by a govt. agency in the conduct of its affairs, and have been retained by that govt. agency or its successors as evidence or because of the information contained therein. [Sec. 4, RA 9470]. Public relations counsel. Any person who engages directly or indirectly in informing, advising, or in any way representing a principal in any matter affected by the public policies or interests of a principal. [Sec. 3, BP 39]. Public sale. One where there has been public notice of the sale, in which anybody has a right to bid and offer to buy. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 310]. Public schools. Educational institutions established and administered by the govt. [Sec. 26, BP 232]. Public sector employees. All persons in the civil service. [Sec. 3, RA 10121]. Public service. The term includes every person that now or hereafter may own, operate, manage, or control in the Phils., for hire or compensation, with general or limited clientele, whether permanent, occasional or accidental, and done for general business purposes any common carrier, railroad, street railway, traction railway, subway, motor vehicle, either for freight or passenger, or both, with or without fixed route and whatever may be its classification, freight or carrier service of any class, express service, steamboat, or steamship line, pontines, ferries, and small water craft, engaged in the transportation of passengers and freight, shipyard, marine railway, marine repair shop, warehouse, wharf or dock, ice plant, icerefrigeration plant, canal, irrigation system, sewerage, gas, electric light, heat and power, water supply and power, petroleum, sewerage system, telephone, wire or wireless telegraph system and broadcasting radio stations. [Sec. 13 (b) of the Public Service Law (CA 146)]. Public Service Act. CA 146 enacted on Nov. 7, 1936. Public service cooperative. A cooperative organized to render public service as authorized under a franchise or certificate of public convenience and necessity duly issued by the appropriate govt. agency. [Art. 96, RA 6938]. Public sewerage system. A system serving 25 persons or more. [Sec. 71, PD 856]. Public shareholder. A shareholder of a Real Estate Investment Trust (REIT) other than the following persons (nonpublic shareholders): i. The sponsor or promoter of the REIT; ii. A director, principal officer or principal shareholder of the sponsor/promoter of the REIT; iii. A director, principal officer or principal shareholder of the REIT; iv. An
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associate of a director, principal officer or principal shareholder of the REIT or its sponsor or promoter; v. A related corporation to the REIT or its sponsor promoter; and vi. Any person who holds legal title to the shares of stock of the REIT for the benefit of another for the purpose of circumventing the provisions of RA 9856. [Sec. 3, RA 9856]. Public Social Welfare and Development Worker. Those employed in govt. social welfare and development agencies. [Sec. 3, RA 9432]. Public Social Worker. Registered social worker employed in the govt. service. [Sec. 3, RA 9432]. Public trust doctrine. The principle that the government holds title to submerged land under navigable waters in trust for the benefit of the public. Thus, any use or sale of the land under water must be in the public interest. Public use. 1. One which confers some benefit or advantage to the public; it is not confined to actual use by public. It is measured in terms of right of public to use proposed facilities for which condemnation is sought and, as long as public has right of use, whether exercised by one or many members of public, a public advantage or public benefit accrues sufficient to constitute a public use. [Maosca v. CA, GR 106440. Jan. 29, 1996]. 2. Public advantage, convenience or benefit, which tends to contribute to the general welfare and the prosperity of the whole community, like a resort complex for tourists or housing project. [Ardano v. Reyes, 125 SCRA 220 (1983); Sumulong v. Guerrero, 154 SCRA 461 (1987)]. Public utilities. Privately owned and operated businesses whose services are essential to the general public. They are enterprises which specially cater to the needs of the public and conduce to their comfort and convenience. [KMU Labor Center v. Garcia, Jr., GR 115381, Dec. 23, 1994]. Public utility. Business or service which is engaged in regularly supplying the public with some commodity or service of public consequence. [DOJ Opinion 074, June 16, 1998]. Public utility vehicles (PUV). Motor vehicles for hire and used to carry or transport passengers or goods. [Sec. 3, RA 10586]. Public vessel. A vessel owned or bareboat chartered and operated by the Rep. of the Phils., and political subdivision thereof, or by a foreign nation, except when such a vessel is engaged in commerce. [Sec. 3, PD 600]. Public way. Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or otherwise permanently appropriated for public use. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Publication. 1. In libel, the term means making the defamatory matter, after it has been written, known to someone other than the person to whom it has been written. [Ledesma v. CA, GR 113216. Sep. 5, 1997]. 2. There is publication if the material is communicated to a 3rd person. It is not required that the person defamed has read or heard about the libelous remark. What is material is that a 3rd person has read or heard the libelous statement, for a mans reputation is the estimate in
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which others hold him, not the good opinion which he has of himself. . [Vasquez v. CA, GR 118971, 15 Sept. 1999]. Publication notice. Notice through publication in a newspaper of general circulation in the Phils. on a business day for 2 consecutive weeks. [Sec. 4, RA 10142]. Publication of a fixed performance or a sound recording. The offering of copies of the fixed performance or the sound recording to the public, with the consent of the right holder: Provided, That copies are offered to the public in reasonable quality. [Sec. 202, RA 8293]. Publication of general circulation. To qualify as such under PD 1079, the following requisites must concur: (a) It must be published in the same city and/or province where the requirement of general circulation applies; (b) it must be authorized by law to be published; and (c) the newspaper or periodical must be regularly published for at least one year before the date of publication of the notices or advertisements which may be assigned to it. Publicity agent. Any person who engages directly or indirectly in the dissemination and/or publication of information for and on behalf of a principal. [Sec. 3, BP 39]. Publish. To make known to the public in general. Publisher. The person, natural or juridical, which undertakes the production of a book and its offer for sale or free distribution. The publisher of a book may also be its printer. [Sec. 3, PD 812]. Pudendum. Legal Med. Also called the Vulva. A collective term for the labia majora, labia minora, clitoris, and vaginal orifice. [Olarte, Legal Med., 1st Ed. (2004), p. 124]. Puffing or By-bidding. A secret bidding by or on behalf of the seller by persons who are not themselves bound by their bids, the purpose of which is simply to inflate the price of the goods sold which is a fraud upon the purchaser of the goods. [Diaz, Bus. Law Rev., 1991 Ed., p. 110]. Pulling of strings. A firecracker consisting of a small tube about an inch in length and less than of an inch in diameter with strings on each end. Pulling both strings will cause the firecracker to explode. [Sec. 2, RA 7183]. Pulping. The manufacture of pulp from woods, rags, rice straw, bagasse, abaca waste and bamboo. [Sec. 2, RA 4095]. Pulutan. Tag. 1. Appetizer. [People v. Balmaceda, GR L-71638. Feb. 27, 1987]. 2. Finger food. Punctuaciones. Intl. Law. Negotiations as to the items of a proposed treaty. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 494]. Punitive. Inflicting or aiming to inflict punishment; punishing. Punitive damages. 1. Damages awarded in addition to normal damages for bad faith or excessively improper acts of the defendant in contract or tort or even during a court action. They are usu. granted by statute and at times excluded by statute. 2. Money award given to punish the defendant or wrongdoer. Purchase. 1. The act of procuring or acquiring supplies or property for a price.
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[IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Taking by sale, conditional sale, lease, mortgage, or pledge, legal or equitable. [Sec. 3, PD 115]. Purchase agreement or Purchase offer. Also, Sales agreement and earnest money contract. Agreement bet. buyer and seller of property which sets forth in general the price and terms of a proposed sale. Purchase discount. The difference bet. the value of the receivable purchased or credit assigned, and the net amount paid by the finance company for such purchases or assignment, exclusive of fees, services, charges, interest and other charges incident to the extension of credit. [Sec. 3, RA 8556; Sec. 3, RA 5980]. Purchase order. A contract bet. the local govt. and the suppliers or dealers for the delivery of supplies at a stipulated amount and includes, among others, quantity, period and mode of delivery, unit and total price per item, and mode of payment. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Purchase request. It is used in the requisition of supplies or property not to be carried in stock. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Purchaser. Any person taking by purchase. [Sec. 3, PD 115]. Purchaser in good faith and for value. One who buys the property of another without notice that some other person has a right to or interest in such property and pays a full and fair price for the same at the time of such purchase or before he has notice of the claim or interest of some other person in the property. [Guzman, Bocaling & Co. v. Bonnevie, 206 SCRA 668 (1992), pp. 675-677]. Purchaser in good faith. One who buys the property of another, without notice that some other person has a right to, or interest in, such property, and pays the full and fair price for it at the time of such purchase or before he has notice of the claim or interest of some other persons in the property. He buys the property with the belief that the person from whom he receives the thing was the owner and could convey title to the property. He cannot close his eyes to facts that should put a reasonable man on his guard and still claim he acted in good faith. [Heirs of Aguilar-Reyes v. Mijares, 457 Phil. 120, 136-137 (2003)]. Pure and simple donation. An act of liberality which has no other basis than the desire to do a good thing for the welfare of some persons. Pure obligation. 1. An obligation which is not subject to any condition nor does it specify a specific date for its fulfillment and is, therefore, immediately demandable. [Diaz, Bus. Law Rev., 1991 Ed., p. 11]. 2. An obligation the performance of which does not depend upon a future or uncertain event or upon a past event unknown to the parties and as such, is demandable at once. [GR L-16449. Aug. 31, 1962]. Compare with Conditional obligation. Purely accidental occurrence. A class of occurrences or events which take place the real cause of which cannot be traced or is at least not apparent.
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Purely potestative condition. A condition the fulfillment of which depends exclusively upon the will of the heir, devisee or legatee. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., pp. 222-223]. Purge. An act or instance of purging; a ridding (as of a nation or party) of element or members regarded as treacherous, disloyal or suspect. [Clemente v. COA, GR L-47793. Mar. 20, 1984]. Purport. To give appearance, often falsely, of being, intending, etc. Purposeful hesitation doctrine. The doctrine that charges every court, incl. the Sup. Court, with the duty of a purposeful hesitation before declaring a law unconstitutional, on the theory that the measure was first carefully studied by the executive and legislative departments and determined by them to be in accordance with the fundamental law before it was finally approved. [Drilon v. Lim, 235 SCRA 135 (1994)]. Purse seine. A form of encircling net having a line at the bottom passing through rings attached to the net, which can be drawn or pursed. In general, the net is set from a boat or pair of boats around the school of fish. The bottom of the net is pulled closed with the purse line. The net is then pulled aboard the fishing boat or boats until the fish are concentrated in the bunt or fish bag. [Sec. 4, RA 8550]. Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of RA 9165. [Sec 3, RA 9165]. Puta. Tag. Prostitute. [Soriano v. Laguardia, GR 164785 Mar. 15, 2010, J. Abad, Dissenting Op.]. Putang ina mo. Tag. A common expression in the dialect that is often employed not really to slander but rather to express anger or displeasure. [Reyes v. People, L-21528, Mar. 28, 1969]. Putative. Alleged; supposed; reputed. Putative father. One who is presumed to be the father of an illegitimate child; the supposed father. Putative marriage. An apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partners. PUV. See Public utility vehicles. PVAO. See Philippine Veterans Affairs Office. PWDs. See Persons with Disabilities. Pyelonephritis. Inflammation of the kidney and its pelvis [cavity]. [Bambalan v. Workmen's Compensation Commission, GR L-47209. Aug. 21, 1987]. Pyramid. 1. N. A solid figure with a polygonal base and triangular faces that meet at a common point. 2. V. To speculate in stock by making a series of buying and selling transactions in which paper profits are used as margin for buying more stock.
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Pyramid scheme. A system of selling goods in which agency rights are sold to an increasing number of distributors at successively lower levels. Pyramid sales schemes. A fraudulent moneymaking scheme in which people are recruited to make payments to others above them in a hierarchy while expecting to receive payments from people recruited below them. Eventually the number of new recruits fails to sustain the payment structure, and the scheme collapses with most people losing the money they paid in. See Chain distribution plans. Pyramiding of tax. This occurs when a product is taxed at the preretail stage and, thus, the tax is imposed on successive pairs of buyers and sellers rather than only at the final sale of the product to the ultimate consumer. Pyroclastic. Relating to, consisting of, or denoting fragments of rock erupted by a volcano. Pyroclastic flow. A fast moving gaseous cloud of hot ashes and other material thrown out from an erupting volcano. Pyromania. Legal Med. An irresistible impulse to set things afire. [Olarte, Legal Med., 1st Ed. (2004), p. 151]. Pyrophoric. Descriptive of any substance that ignites spontaneously when exposed to air. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Pyrotechnics. 1. The art of manufacturing or setting off fireworks. 2. A fireworks display. Pyroxylin. A form of nitrocellulose that is less highly nitrated and is soluble in ether and alcohol. See Cellulose Nitrate Plastic.
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-QQSRs. See Quick service restaurants. Quack. A person who dishonestly claims to have special knowledge in some field, typically in medicine. Quack doctor. One who practices medicine without the benefit of education. Qualification. A quality or accomplishment that makes someone suitable for a particular job or activity. Qualification standards. The minimum requirements of the vacant positions which shall include the education, experience, training, civil service eligibility and physical characteristics and personality traits required by the job. Such qualification standards shall be approved by the CSC. [CSC Circ. 43-91] Qualified. Modified, limited, or restricted in some way. Qualified acceptance. 1. Sales. An acceptance which does not meet at all points the offer, in which case it constitutes a counter-offer. [Diaz, Bus. Law Rev., 1991 Ed., p. 65]. 2. Nego. Inst. An acceptance is qualified which is: (a) conditional; that is to say, which makes payment by the acceptor dependent on the fulfillment of a condition therein stated; (b) partial; that is to say, an acceptance to pay part only of the amount for which the bill is drawn; (c) local; that is to say, an acceptance to pay only at a particular place; (d) qualified as to time; (e) the acceptance of some, one or more of the drawees but not of all. [Sec. 141, NIL]. Compare with General acceptance.
Qualified bribery. Criim. Law. 1. The felony committed if any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present. [Art. 211-A, RPC, as amended by RA 7659]. 2. The felony committed by any public officer entrusted with law enforcement [who] refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift or present or by the public officer who asks or demands such gift or present. [Sec. 4, RA 7659]. Qualified individual with a disability. An individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires. However, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. [Sec. 4, RA 7277]. Qualified indorsement. Nego. Inst. 1. An indorsement that constitutes the indorser as a mere assignor of the title to the instrument. It may be made by adding to the indorser's signature the words without recourse or any words of similar import. Such an indorsement does not impair the negotiable character of the instrument. [Sec. 38, NIL]. Qualified indorser. Nego. Inst. Every person negotiating an instrument by de-
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livery or by a qualified indorsement who warrants: (a) that the instrument is genuine and in all respects what it purports to be; (b) that he has a good title to it; (c) that all prior parties had capacity to contract; (d) that he has no knowledge of any fact which would impair the validity of the instrument or render it valueless. [Sec. 65, NIL]. 2. An indorsement in which the endorser does not guarantee that a negotiable instrument will be accepted and paid by the drawer or maker. Qualified next-in-rank. Civ. Serv. An employee appointed on a permanent basis to a position previously determined to be next-in-rank and who meets the requirements for appointment thereto as previously determined by the appointing authority and approved by the CSC. [Sec. 21, Admin. Code of 1987]. Qualified occupant. Tenant. The Urban Land Reform Law (PD 1517) defines the term in the same context as the term tenant. [Vergara v. IAC, GR 74998. May 7, 1990]. Qualified person. Any citizen of the Phils. with capacity to contract, or a corporation, partnership, association, or cooperative organized or authorized for the purpose of engaging in mining, with technical and financial capability to undertake mineral resources development and duly registered in accordance with law at least 60% of the capital of which is owned by citizens of the Phils.: Provided, That a legally organized foreignowned corporation shall be deemed a qualified person for purposes of granting an exploration permit, financial or technical assistance agreement or mineral processing permit. [Sec. 3, RA 7942]. Qualified piracy. Crim. Law. The felony committed by those who commit any of the crimes of piracy in general and mutiny on the high seas, whenever they have seized a vessel by boarding or firing upon the same; or whenever the pirates have abandoned their victims without means of saving themselves; or whenever the crime is accompanied by murder, homicide, physical injuries or rape. [Art. 123, RPC]. Qualified political agency doctrine. [The doctrine under which] the different executive departments are mere adjuncts of the Pres. Their acts are presumptively the acts of the Pres. until countermanded or reprobated by her. [Villena v. Sec., 67 Phil. 451; Free Tel. Workers Union v. Minister of Labor and Employment, 108 SCRA 757 (1981)]. Qualified rape. Crim. Law. [Rape] committed with the use of a deadly weapon or by 2 or more persons. [Art. 335, RPC, as amended; People v. Carandang, 52 SCRA 259]. Compare with Simple rape. Qualified rape (under Art. 266-A, in rel. to Art. 266-B of the RPC). Crim. Law. Elements to convict: (1) sexual congress, (2) with a woman, (3) by force and without consent; and in order to warrant the imposition of the death penalty, the additional elements that (4) the victim is under eighteen years of age at the time of the rape, and (5) the offender is a parent (whether legitimate, illegitimate or adopted) of the victim. [People v. Bautista, GR 187743. Mar. 3, 2010]. Qualified seduction. Crim. Law. The seduction of a virgin over 12 years and under 18 years of age, committed by any person in public authority, priest, home-servant, domestic, guardian,
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teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, or by any person who shall seduce his sister or descendant, whether or not she be a virgin or over 18 years of age. [Art. 337, RPC]. Compare with Simple seduction. Qualified seduction. Crim. Law. Elements: (a) that the offended party is a virgin, which is presumed if she is unmarried and of good reputation; (b) that she must be over 12 and under 18 years of age; (c) that the offender has sexual intercourse with her; and (d) that there is abuse of authority, confidence or relationship on the part of the offender. [Gonzales v. CA, GR 108811. May 31, 1994]. Compare with Consented abduction. Qualified theft. Crim. Law. The felony committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance. [Art. 310, RPC, as amended by RA 120 and BP 71]. Qualified theft. Crim. Law. Elements: 1. The theft is committed by a domestic servant; 2. the theft is committed with grave abuse of confidence; 3. the property stolen is a (a) motor vehicle, (b) mail matter or (c) large cattle; 4. the property stolen consists of coconuts taken from the premises of a plantation; 5. the property stolen is fish taken from a fishpond or fishery; and 6. the property was taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance. [People v. Sison, GR 123183, Jan. 19, 2000]. Qualified theft of logs. Crim. Law. The offense committerd by any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit.[Sec. 68, PD 705]. Qualified theft of logs. Crim. Law. Elements: (a) That the accused cut, gathered, collected or removed timber or other forest products; (b) that the timber of other forest products cut, gathered, collected or removed belongs to the govt. or to any private individual; and (c) that the cutting, gathering, collecting or removing was without authority under a license agreement, lease, license, or permit granted by the state. [People v. CFI of Quezon (Br. VII) GR L-46772. Feb. 13, 1992]. Qualified trespass to dwelling. Crim. Law. The felony committed by any private person who shall enter the dwelling of another against the latter's will, or by means of violence or intimidation. This shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a 3rd person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other public houses, while the same are open. [Arty. 280, RPC].
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Qualified voters. The term is equivalent to "registered voters. [Leyva v. Com elec, GR L-25469. Oct. 29, 1966]. Qualifiedly privileged communication. A defamatory communication made on what is called an occasion of privilege without actual malice, and as to such communications there is no civil liability, regardless of whether or not the communication is libelous per se or libelous per quod. [Sison v. David, GR L-11268. Jan. 28, 1961]. See Conditionally privileged communication. Qualifying aggravating circumstances. Crim. Law. Those which change the nature of the felony as treachery in murder. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 112]. Qualifying circumstance. Crim. Law. A circumstance the effect of which is not only to give the crime committed its proper and exclusive name but also to place the author thereof in such a situation as to deserve no other penalty than that esp. prescribed for said crime. [People v. Bayot, 64 Phil. 269 (1937)]. Quality assurance. A formal set of activities to review and ensure the quality of services provided. Quality assurance includes quality assessment and corrective actions to remedy any deficiencies identified in the quality of direct patient, administrative, and support services. [Sec. 1, RA 9241]. Quality education. The appropriateness, relevance and excellence of the education given to meet the needs and aspirations of an individual and society. [Sec. 4, RA 9155]. Quando aliquid prohibitur ex directo, prohibitur et per obliquum. Lat. What is prohibited directly is prohibited indirectly. [Binalay v. Lelina, Jr., AM RTJ08-2132, July 31, 2009]. Quantum. Lat. Amount or extent. Quantum meruit. Lat. As much as he has deserved. 1. Used as the basis for determining the lawyer's professional fees in the absence of a contract. Factors such as the time spent and extent of services rendered; novelty and difficulty of the questions involved; importance of the subject matter; skill demanded; probability of losing other employment as a result of acceptance of the proffered cause; customary charges for similar services; amount involved in the controversy and the benefits resulting to the client; certainty of compensation; character of employment; and professional standing of the lawyer, are considered in determining his fees. [Sesbreo v. CA, GR 117438. June 8, 1995]. 2. A legal principle under which a person should not be obliged to pay, nor should another be allowed to receive, more than the value of the goods or services exchanged. Quantum meruit doctrine. Lat. As much as one deserves. The doctrine that prevents undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it. [See Soler v. CA, 410 Phil. 264, 273 (2001)]. Quantum of evidence. Weight and sufficiency of evidence. Quantum valebant. Lat. As much as what is reasonably worth. [Maacop Const. Co. v. CA, GR 122196. Jan. 15, 1997].
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Quarry. A place, typically a large, deep pit, from which stone or other materials are or have been extracted. Quarry permit. A document granted to a qualified person for the extraction and utilization of quarry resources on public or private lands. [Sec. 3, RA 7942]. Quarry resources. 1. Any common rock or other mineral substances as the Dir. of MGB may declare to be quarry resources such as, but not limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic glass. [Sec. 3, RA 7942]. 2. Any common stone or other common mineral substances as the govt. may declare to be quarry resources such as, but not restricted to, marl, marble, granite, volcanic cinders, basalt, tuff and rock phosphate, Provided they contain no metal or metals or other valuable minerals in economically workable quantities. [Sec. 2, PD 463]. Quarrying. The process of extracting, removing and disposing quarry resources found on or underneath the surface of private or public land. [Sec. 3, RA 7942]. Quash. To vacate or void a summons, subpoena, etc. Quashal. Rem. Law. The act of quashing something. Quashing of a writ of execution. Rem. Law. Grounds: A writ may be quashed or recalled only when (a) it appears that it has been improvidently issued; (b) that the writ is defective in substance; or (c) is issued against the wrong party; or (d) that the judgment debt has been paid; or (e) that the writ has been issued without authority; or (f) there is a change in the situation of the parties which makes such execution inequitable; or (g) the controversy was never submitted to the judgment of the court. [Ibatan v. Melicor, GR L-39125. Aug. 20, 1990]. Quasi. Lat. As if; almost as it were; analogous to. Quasi in rem. Lat. As if against a thing. A legal term referring to a legal action based on property rights of a person absent from the jurisdiction. Quasi in rem action. An action bet. parties where the direct object is to reach and dispose of property owned by them or of some interest therein. [Quasha v. Juan, GR L-49140. Nov. 19, 1982]. Quasi in rem jurisdiction. Intl. Law. The power of a court to determine the ownership rights of persons who appear before it as to property located outside the forum state. Quasi-bank. A non-bank financial institution authorized by the BSP to engage in quasi-banking functions and to borrow funds from more than 19 lenders through the issuance, endorsement or assignment with recourse or acceptance of deposit substitutes as defined in Sec. 95 of RA 7653 (the "New Central Bank Act") for purposes of relending or purchasing of receivables and other obligations. [Sec. 3, RA 9474]. Quasi-banking activities. Borrowing funds from 20 or more personal or corporate lenders at any one time, through
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the issuance, endorsement, or acceptance of debt instruments of any kind other than deposits for the borrower's own account, or through the issuance of certificates of assignment or similar instruments, with recourse, or of repurchase agreements for purposes of relending or purchasing receivables and other similar obligations. [Sec. 22, NIRC, as amended]. Quasi-banking functions. Borrowing funds, for the borrower's own account, through the issuance, endorsement or acceptance of debt instruments of any kind other than deposits, or through the issuance of participations, certificates of assignment, or similar instruments with recourse, trust certificates, or of repurchase agreements, from 20 or more lenders at any one time, for purposes of relending or purchasing of receivables and other obligations: Provided, however, That commercial, industrial, and other non-financial companies, which borrow funds through any of these means for the limited purpose of financing their own needs or the needs of their agents or dealers, shall not be considered as performing quasi-banking functions. [Sec. 1, PD 71]. Quasi-contract. 1. A juridical relation arising from certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly enriched or benefited at the expense of another. [Art. 2142, CC]. 2. An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties. Quasi-corporations. Public bodies which resemble corporations to undertake public or state work for the general welfare, but they are not corporations. [Diaz, Bus. Law Rev., 1991 Ed., p. 248]. Quasi-delict. Also Culpa aquiliana, Culpa extra-contractual or Cuasi-delitos. 1. An act or omission by which a person causes damage to another, there being fault or negligence, and there being no pre-existing contractual relation bet. the parties, and which makes said person liable to pay for the damage done. [Art. 2176, CC]. 2. Homologous but not identical to tort under the common law, which includes not only negligence, but also intentional criminal acts, such as assault and battery, false imprisonment, and deceit. [Coca-Cola Bottlers v. CA, GR 110295. Oct. 18, 1993]. Quasi-delict. Also Tort. Elements: (a) Damages suffered by the plaintiff, (b) fault or negligence of the defendant or some other person for whose act he must respond, and (c) the connection of cause and effect bet. fault or negligence of the defendant and the damages incurred by plaintiff. [Andamo v. IAC, 191 SCRA 195 (1990)]. Quasi-delivery. Also Quasi-traditio. This applies only to the sale of incorporeal things - like allowing the vendee to use the vendors rights as new owner with the consent of the vendor. [Diaz, Bus. Law Rev., 1991 Ed., p. 120]. Quasi-judicial. A term applied to the action, discretion, etc., of public administrative officers or bodies required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature. [Lupangco v. CA, GR L-77372. Apr. 29, 1988].
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Quasi-judicial action. An action when an administrative officer or board is required to investigate or ascertain the existence of facts and draw conclusions therefrom as the basis for official action and to exercise its discretion or judgment of a judicial nature. Quasi-judicial adjudication. A determination of rights, privileges and duties resulting in a decision or order which applies to a specific situation. [Lupangco v. CA, GR L-77372. Apr. 29, 1988]. Quasi-judicial body. An organ of govt. other than a court and other than a legislature, which affects the rights of private parties through either adjudication or rule making. [Presl. Anti-Dollar Salting Task Force v. CA, GR 83578. Mar. 16, 1989]. Quasi-judicial function. The action or discretion of public administrative officers or bodies, who are required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action and to exercise discretion of a judicial nature. [Villarosa v. Comelec, 377 Phil. 497, 507]. Compare with Judicial function. Quasi-judicial power. Also 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]. Quasi-legislative power. Also Rule making power. The power to make rules and regulations which results in delegated legislation that is within the confines of the granting statute and the doctrine of nondelegability and separability of powers. [Comm. of Int. Rev. v. CA, GR 119761. Aug. 29, 1996]. Quasi-negotiable instrument. A negotiable instrument that may be transferred by endorsement, coupled with delivery. [Tan v. SEC, GR 95696. Mar. 3, 1992]. Quasi-parties. Those in whose behalf a class or representative suit is brought. Quasi-public corporations. Public bodies which are not corporations in the full sense but only resemble them in that they have some attributes of a corporation and are created or authorized by the legislature as public agencies to undertake some public or state work for the general welfare. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 43]. Quasi-recidivism. Crim. Law. 1. A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same. It is not required that the felony previously committed be embraced in the same title of the Rev. Penal Code. [US v. Mohamad, 33 Phil. 524 (1916)]. 2. It is punishable by the maximum period of the penalty prescribed by law for the new felony and cannot be offset by any ordinary mitigating circumstance. [People v. Perez, 102 SCRA 352 (1981; People v. Villacores, 97 SCRA 567 (1980); and People v. Majuri, 96 SCRA 472 (1980)].
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Quasi-traditio. See Quasi-delivery. Quebrantamiento. Sp. Evasion. It means escape. [Tanega v. Masakayan, GR L27191. Feb. 28, 1967]. Quedan. Sugar warehouse receipt. [Sec. 3, RA 5524; Starke v. Philsucom, GR 85997. Aug. 19, 1992]. Quedan and Rural Credit Guarantee Corporation (QUEDANCOR). A nonbank GFI under the policy supervision of the DA created under RA 7393 geared towards the establishment of an effective credit delivery system and a guarantee facility that would promote inventory financing of agri-aqua commodities, production and post-harvest production facilities, farm and fishery machineries and equipment, investment in production inputs and labor and the development of rural livelihood enterprise. [Sec. 3, RA 10000]. Quedan and Rural Credit Guarantee Corporation Act. RA 7393 entitled An Act reorganizing the Quedan Guarantee Fund Board, renaming it as Quedan And Rural Credit Guarantee Corporation, enlarging its powers and resources to support farmers and rural enterprises, and for other purposes enacted on Apr. 13, 1992. QUEDANCOR. See Quedan and Rural Credit Guarantee Corporation. Question hour. The practice of members of the Cabinet appearing before Congress is a feature of the parliamentary system of Government where the members of the Cabinet are responsible to the parliament and may be the subject of inquiry on any matter pertaining to their departments. Thus our system of government is strongly presidential but with certain features of the parliamentary system. Question of fact. There is a question of fact when the doubt arises as to the truth or the falsehood of alleged facts. [Manila Bay Club v. CA, GR 110015. July 11, 1995]. See Question of law. Question of law. There is a question of fact when the doubt or difference arises as to the truth or the falsehood of alleged facts; or when the query necessarily invites calibration of the whole evidence considering mainly the credibility of witnesses, existence and relevancy of specific surrounding circumstances, their relation to each other and to the whole and the probabilities of the situation. [Bernardo v. CA, GR 101680. Dec. 7, 1992]. See Question of fact. Questions of order. Questions as to whether the present proceedings are in order or allowed by the rules of parliamentary procedure. See Points of order. Questions of privilege. Those affecting the duties, conduct, rights, privileges, dignity, integrity or reputation of the (legislature) or of its members, collectively or individually. [Rule XX. 121, Rules of the HoR]. Qui aliquid statuerit parte inaudita altera, aequum licet dexerit, haud aequum facerit. Lat. He who decides anything, one party being unheard, though he should decide right, does wrong. [People v. Mogol, GR L-37837. Aug. 24, 1984]. Qui facit per alium doctrine. See Respondeat superior doctrine.
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Qui facit per allum facit per se. Lat. He who acts through another, acts by himself. [BPI v. De Coster, 49 Phil. 574, Nov. 12, 1926]. In the law of agency, this is a maxim often stated in discussing the liability of employer for the act of employee. Qui haeret in litera haeret in cortice. Lat. He who considers merely the letter of an instrument goes but skin deep into its meaning. [People v. Puno, GR 97471. Feb. 17, 1993, 4th Ed., 1413]. Qui in jus dominumve alterius succedit, jure ejus uti debet. Lat. He who succeeds to the right or property of another must use the same right as he. [Quijano v. Cabale, 49 Phil. 367]. Qui jure suo utitur mullum damnum facit. Lat. One who makes use of his own legal right does no injury. [Auyong Hian v. CTA, GR L-28782. Sep. 12, 1974]. Qui non negat fatetur. Lat. The failure to deny becomes an admission. [Piedad v. Lanao Del Norte Electric Coop., GR 73735. Aug. 31, 1987]. Qui per alium facit per seipsum facere videtur. Lat. He who does a thing by an agent is considered as doing it himself. This rule is affirmed by the Civ. Code thus: Art. 1910. The principal must comply with all the obligations which the agent may have contracted within the scope of his authority. and Art. 1911. Even when the agent has exceeded his authority, the principal is solidarily liable with the agent if the former allowed the latter to act as though he had full powers. [Prudential Bank v. CA, GR 108957. June 14, 1993]. Qui prior est tempore, potior est jure. Lat. He who is before in time is the better in right. Priority in time gives preference in law. [Victronics Computers, Inc. v. RTC, Branch 63, Makati, GR 104019. Jan. 25, 1993, 5th Ed., p. 1125]. Quick service restaurants (QSRs) or Fast-food chains. Restaurants with multiple branches that have menu boards where food item choices are listed. Customers place their orders with the cashier and pay right after their orders are taken. [Art. 5, IRR of RA 9994]. Quid pro quo. Lat. Something for something. The giving of something in exchange for another thing of equal value. Quiet title action. A lawsuit filed to establish ownership of real property where the plaintiff seeks a court order to prevent the respondent from making any subsequent claim to the property. Quiet title suit. It is also called a suit to remove a cloud which is any claim or potential claim to ownership of the property and which cloud can be either a claim of full or partial ownership of the property. Quieting of title. 1. An action brought to remove or prevent a cloud or to quiet the title, whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title. [Art. 476, CC]. 2. A common law remedy for the removal of any cloud upon or doubt or uncertainty with respect to title to real property. Originating in equity jurisprudence, its
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purpose is to secure x x x an adjudic ation that a claim of title to or an interest in property, adverse to that of the complainant, is invalid, so that the complainant and those claiming under him may be forever afterward free from any danger of hostile claim. [Calacala v. Rep., 502 Phil. 681, 688 (2005)]. Quitclaim. A release or acquittance given to one man by another, in respect of any action that he has or might have against him. Also acquitting or giving up one's claim or title. Quitclaim deed. A deed without warranty of title which passes whatever title the grantor has to another. Quo warranto. Lat. By what warrant [authority]? 1. Elec. Law. The remedy to try the right to an office or franchise and to oust the holder from its enjoyment. [Lota v. CA, GR L-14803. June 30, 1961]. 2. Rem Law. A proceeding to determine the right to the use or exercise of a franchise or office and to oust the holder from its enjoyment, if his claim is not well-founded, or if he has forfeited his right to enjoy the privilege. [Castro v. Del Rosario, GR L-17915. Jan. 31, 1967]. Quo warranto petition. Rem. Law. 1. The proper remedy where there is usurpation or intrusion into an office. [Lota v. CA, GR L-14803, June 30, 1961]. 2. A remedy generally brought by the Govt. through the Sol. Gen. of a public prosecutor against a person, public officer or corporation, charging the latter with usurpation of office or franchise. This action intends to oust the defendant from his office or from enjoying holder's privileges if the right to hold such office is not well founded or if the holder has forfeited the said right. An individual person claiming to be entitled to a public office or position may also file the special civil action of quo warranto in his name. Quo Warranto under the Omnibus Election Code. An election contest involving the qualifications for office of an elective municipal official, on the ground of ineligibility or disloyalty to the Rep. of the Phils. The issue is whether the respondent possesses all the qualifications and none of the disqualifications prescribed by law. [Sec. 3, Rule 1, AM 10-4-1-SC, May 4, 2010]. Quo warranto; Who may be made parties. Rem Law. Any person claiming to be entitled to a public office may bring an action of quo warranto without the intervention of the Sol. Gen. or the Fiscal [Navarro v. Gimenez, 10 Phil., 226] and only the person who is in unlawful possession of the office, and all who claim to be entitled to that office, may be made parties in order to determine their respective rights thereto in the same action. Quod ab initio non valet, in tractu temporis non convalescit. Lat. That which is void originally does not by lapse of time become valid. [Acosta v. Salazar, GR 161034, June 30, 2009]. Quod est inconveniens, aut contra rationem non permissum est in lege. Lat. What is inconvenient or contrary to reason is not allowed in law. [Rep. v. CA, GR 108926. July 12, 1996]. Quod nullum est, nullum producit effectum. Lat. That which is a nullity produces no effect. [Maagad v. Maagad, GR 171762, June 5, 2009].
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Quod quisque ob tutelam corporis sui fecerit, jure suo fecisse existimetur. Lat. That which anyone should do for the safety of his own person is to be adjudged as having been done justly in his own favor. [People v. Boholst-Caballero, GR L-23249. Nov. 25, 1974]. Quod vanum et inutile est, lex non requirit. Lat. The law does not require what is vain and useless. [Co. Litt. 319]. See Lex neminem cogit ad vana seu inutilia peragenda. Quorum. 1. Corp. Law. T indigenous petroleum' shall include locally extracted mineral oil, hydrocarbon gas, bitumen, crude asphalt, mineral gas and all other similar or naturally associated substances with the exception of coal, peat, bituminous shale and/or stratified mineral deposits.he stockholders representing a majority of the outstanding capital stock or a majority of the members in the case of non-stock corporations, unless otherwise provided for in the Corp. Code or in the by-laws. [Sec. 52, Corp. Code]. 2. Pol. Law. That number of persons of the body which, when legally assembled in their proper places, will enable the body to transact its proper business, or, in other words, that number that makes a lawful body and gives it power to pass a law or ordinance or do any other valid corporate act. [Javellana v. Tayo, GR L-18919. Dec. 29, 1962]. Quota. (a) A share, proportion, or part of a total. (b) The number of persons or things permitted to enter a country. Quota allocation. The total value of imports of any particular item allowed to an importer, or that portion of the import quota granted to the importer. [Sec. 1, RA 426]. Quota workers or Production standard workers. Labor. Those whose performance is measured based on an imposed minimum amount or quantity of production for a given period, usu. 8 hours. Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba fienda est. Lat. In the absence of ambiguity, no exposition shall be made which is opposed to the express words of the instrument. Quum virginitas, vel castitas, corrupta restitui non potest. Lat. Because virginity or chastity, once defiled, cannot be restored. [People v. Luague, GR 43588. Nov. 7, 1935].
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-RRabies. A highly fatal disease caused by a lyssa virus, transmitted mainly through the bite of an infected animal and is characterized by muscle paralysis, hydrophobia and aerophobia, and other neurological manifestations. [Sec. 3, RA 9482]. Rabies transmission. The transmission or passage of the rabies virus through a bite by an infected animal, or through contamination with virus-laden saliva on breaks in the skin and of mucous membranes such as the eyes, the lips, the mouth, or the genital organs. [Sec. 3, RA 9482]. Rabies vaccination or Immunoprophylaxis of humans. The inoculation of humans, with modern day rabies vaccines or rabies immunoglobulin, by a trained doctor or nurse under the supervision of a qualified medical practitioner. [Sec. 3, RA 9482]. Rabies vaccination of dogs. The inoculation of a dog with a rabies vaccine by a licensed govt. or private veterinarian or trained individual under the direct supervision of a licensed veterinarian. The services of the said trained individual shall be limited only to rabies vaccination injection in dogs and only during govt. mass vaccination campaigns. [Sec. 3, RA 9482]. Radiation. The emission of energy as electromagnetic waves or as moving subatomic particles. Radiation device. An electrical or electronic apparatus emitting any ionizing or non-ionizing electromagnetic or particu-
late radiation; or any sonic; infrasonic, or ultrasonic wave. It includes ionizing radiation emitting equipment which is not intentionally designed to produce radioactive materials. [Sec. 9, RA 9711]. Radioactive substance. Any substance which emits ionizing radiation. [Art. 4, RA 7394]. Radiologic technologist. A bona fide holder of a certificate of registration for radiologic technology issued by the Board of Radiologic Technology. [Sec. 3, RA 7431]. Radiologic technology. An auxiliary branch of radiology which deals with the technical application of radiation, such as x-rays, beta rays, gamma rays, ultrasound and radio frequency rays, in the diagnosis and treatment of diseases. [Sec. 3, RA 7431]. Radiologic Technology Act of 1992. RA 7431 enacted on Apr. 22, 1992. Radiologist. A licensed physician who specializes in the diagnosis or treatment of disease with the use of radiation. [Sec. 3, RA 7431]. Radiology. A branch of medical science which deals with the use of radiation in the diagnosis, treatment and research of diseases. [Sec. 3, RA 7431]. Radiotelephone call. A telephone call, originating in or intended on all or part of its route over the radio communications channels of the mobile service or of the mobile satellite service. [PLDT v. NTC, GR 88404. Oct. 18, 1990]. Radiotelephony. 1. A telephony carried on by aid of radiowaves without connecting wires. 2. A telephone carried on
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by aid of radiowaves without connecting wires. [PLDT v. NTC, GR 88404. Oct. 18, 1990]. Rainfall. The amount of water falling in rain within a given time and area usu. expressed as hypothetical depth of coverage. Random. Proceeding, made, or occurring without definite aim, reason, or pattern. Random drug tests. Drug tests as selected through an unscheduled process and tested for selected illegal drugs, controlled substances and/or alcohol. Rank. 1. A high social position or standing as a grade in the armed forces. 2. A graded official standing or social position or station. 3. The order or place in which said officers are placed in the army and navy in relation to others. 4. The designation or title of distinction conferred upon an officer in order to fix his relative position in reference to the other officers in matters of privileges, precedence, and sometimes of command or by which to determine his pay and emoluments as in the case of army staff officers. 5. A grade or official standing, relative position in civil or social life, or in any scale of comparison, status, grade, incl. its grade, status or scale of comparison within a position. [All definitions cited in People v. Rodil, GR L35156. Nov. 20, 1981]. Rank-and-file employees. 1. All employees not falling within the definitions of Managerial employee and Supervisory employees. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. Ransom. 1. The money, price or consideration paid or demanded for redemption of a captured person or persons, a payment that releases from captivity. [People v. Guevarra, GR 97471. Feb. 17, 1993]. 2. Money paid to have a kidnapped person released. Rape. Derived from the Latin word, rapere, literally meaning, to seize with violence. Crim. Law. 1. The felony committed by having carnal knowledge of a woman under any of the following circumstances: (a) By using force or intimidation; (b) when the woman is deprived of reason or otherwise unconscious; and (c) when the woman is under 12 years of age, even though neither of the circumstances mentioned in the 2 next preceding numbers shall be present. [Art. 335, RPC]. 2. Generally defined as the carnal knowledge of a woman by a man forcibly and unlawfully against her will. [People v. Padre-e, GR 112969-70. Oct. 24, 1995]. 3. Carnal knowledge of a woman by a man which must be unlawful, that is, without her consent and against her utmost resistance. The presence or absence of traces of spermatozoa is immaterial, since it is penetration, however slight, and not ejaculation, that makes it rape. [People v. Gerones, 193 SCRA 263 (1991)]. Rape. Crim. Law. Elements: (a) That the offender has had carnal knowledge of a woman; and (b) that such act is accomplished (1) by using force or intimidation, or (2) when the woman is deprived of reason or otherwise unconscious, or (3) when the woman is under 12 years of age. [Gonzales v. CA, GR 108811. May 31, 1994]. Rape. Crim. Law. When deemed consummated: Complete or full penetration of the complainants private part is not at
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all necessary. Neither is the rupture of the hymen essential. What is fundamental is that the entry or at least the introduction of the male organ into the labia of the pudendum is proved. The mere introduction of the male organ into the labia majora of the victims genitalia, even without the full penetration of the complainants vagina, consummates the crime. Hence, the touching or entry of the penis into the labia majora or the labia minora of the pudendum of the victims genitalia consummates rape. [People v. Flores, 448 Phil. 840, 856 (2003)]. Rape of Nanking. A barbaric campaign of terror began in Dec. 1937 [by the] Japanese military forces [that] captured the city of Nanking in China, which [campaign] included the rapes and murders of an estimated 20,000 to 80,000 Chinese women, incl. young girls, pregnant mothers, and elderly women. [Vinuya v. Romulo, GR 162230, Apr. 28, 2010]. Rape Victim Assistance and Protection Act of 1998. RA 8505 entitled An Act providing assistance and protection for rape victims, establishing for the purpose a rape crisis center in every province and city, authorizing the appropriation of funds therefor, and for other purposes enacted on Feb. 13, 1998. Rape with homicide. Crim. Law. A special complex crime committed by a person who had carnal knowledge of a woman by means of force, threat or intimidation and by reason or on occasion of which the accused killed the woman. See Special complex crime of rape with homicide. Rape with homicide. Crim. Law. Elements: (1) The accused had carnal knowledge of a woman; (2) carnal knowledge of a woman was achieved by means of force, threat or intimidation; and (3) by reason or on occasion of such carnal knowledge by means of force, threat or intimidation, the accused killed a woman. [People v. Nanas, 415 Phil. 683, 696 (2001).]. Rapprochement. Fr. rapprocher: to bring together. Intl. Law. An establishment or resumption of harmonious relations. Rate. Admin. Law. Any charge to the public for a service open to all and upon the same terms, incl. individual or joint rates, tolls, classifications, or schedules thereof, as well as commutation, mileage, kilometerage and other special rates which shall be imposed by law or regulation to be observed and followed by any person. [Sec. 2, Chap. 1, Book VII, EO 292]. Rate. Ins. Generally, the ratio of the premium to the amount insured and shall include, as the context may require, either the consideration to be paid or charged for insurance contracts, incl. surety bonds, or the elements and factors forming the basis for the determination or application of the same, or both. [Sec. 339, IC]. Rate base. The money honestly and prudently invested in the used and useful property and equipment less accrued depreciation plus one-twelfth of the annual cash operating expenses as working capital. [Sec. 5, RA 3187]. Rate of exchange. The rate at which one currency can be exchanged for another. See Exchange rate.
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Ratification. 1. Civ. Law. The approval by a person of a prior act which did not bind him but which was purportedly entered into for his own account. [Diaz, Bus. Law Rev., 1991 Ed., p. 89]. 2. An act to adopt or approve an act done by another. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 3. Consti. Law. The sovereign act vested in the Fil. people to either reject or approve the proposals to amend or revise the Consti. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 15]. Ratification. Civ. Law. Effects: (a) Ratification extinguishes the action to annul a voidable contract [Art. 1392, CC]; (b) it cleanses the contract from all its defects from the moment it was constituted [Art. 1396, CC]; and (c) it makes the contract perfectly valid from the moment of its celebration and not from the time of ratification. [Diaz, Bus. Law Rev., 1991 Ed., p. 89]. Ratification in agency doctrine. The doctrine pertaining to the adoption or confirmation by one person of an act performed on his behalf by another without authority. The substance of the doctrine is confirmation after conduct, amounting to a substitute for a prior authority. [Manila Memorial Park Cemetery, Inc. v. Linsangan, GR 151319, Nov. 22, 2004, 443 SCRA 394-395]. Ratihabitio aequiparatur mandato. Lat. Ratification is equivalent to a mandate. [Govt of the Phil. Islands v. The Standard Oil Co. of New York, GR. 5876, Sept. 1, 1911]. Ratihabitio mandato aequiparatur. Lat. Ratification is equal to a command. Ratio decidendi. Lat. Reason for deciding. 1. A finding of law in a decision, where the finding was based on the issues properly before the court. It is legal reasoning essential to the decision that the court must take to decide the case. 2. The ground or reason of the decision in a case. Ratio in jure aequitas integra. Lat. Reason in law is perfect equity. Ratio legis. Lat. The reason or occasion of a law; the occasion of making a law. Ratio legis est anima legis. Lat. The reason of the law is the soul of the law. Ratio legis est anima. Lat. The reason of law is its soul. [Comendador v. De Villa, GR 93177. Aug. 2, 1991]. Ratiocinate. To reason methodically and logically. Ratiocination. The process of logical reasoning or rational thought. Rational basis test. A judicial standard of review that examines whether a legislature had a reasonable and not an arbitrary basis for enacting a particular statute. See Traditional test. Rational equivalence. [It is] what the law requires, in the consideration of which will enter the principal factors the emergency, the imminent danger to which the person attacked is exposed, and the instinct, more than the reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury. [People v. Gutual, 324 Phil. 244, 259-260 (1996)]. Rational equivalence doctrine. [The] reasonable necessity of the means em-
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ployed [to repel the unlawful aggression] does not imply material commensurability bet. the means of attack and defense [but] [w]hat the law requires is rational equivalence, in the consideration of which will enter the principal factors of the emergency, the imminent danger to which the person attacked is exposed, and the instinct, more than the reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury. [People v. Gutual, 324 Phil. 244, 259-260 (1996)]. Ratooning. The cutting of the straw close to the ground at harvesting time after all the standing water has been drained out to allow the young tillers to sprout out the rootstocks and develop into mature normal bearing plants in 3 or 4 months with the aid of fertilizer, manure or compost. [Sec. 2, RA 2263]. Raw materials. Materials in their natural state or in crude form as well as products made from crude material or materials which may have undergone manufacturing or process as may be allowed by any IRR. [Sec. 12, PD 1419]. RDA. See Recommended Dietary Allowances. RE. Renewable Energy. RE Contract. See Renewable Energy Service (Operating) Contract. RE Resources. See Renewable Energy Resources. RE Systems. See Renewable Energy Systems. Reactivation. The reinstatement of a deactivated voter. [Sec. 2, RA 10367]. Real action. An action brought for the specific recovery of land, tenements, or hereditaments. [Hernandez v. DBP, GR L-31095. June 18, 1976]. Compare with Personal action. Real aggression. Crim. Law. An act positively strong as to show the wrongful intent of the aggressor, not merely a threatening or intimidating attitude. There must be a material attack in order that the right to defend must exist. [US v. Banzuela, 31 Phil. 565; US v. Santos, 17 Phil. 87]. Real and hypothecary nature of maritime law. Mar. Ins. It simply means that the liability of the carrier in connection with losses related to maritime contracts is confined to the vessel, which is hypothecated for such obligations or which stands as the guaranty for their settlement. [Aboitiz Shipping Corp. v. General Accident Fire and Life Assurance Corp., Ltd., GR 100446, Jan. 21, 1993]. Real and hypothecary nature of maritime law doctrine. Mar. Ins. [The rule that] a ship owners liability is merely coextensive with his interest in the vessel, except where actual fault is attributable to the shipowner. [Aboitiz Shipping Corp. v. CA, GR 121833, Oct. 17, 2008]. Real contracts. Contracts, such as deposit, pledge and Commodatum, which are not perfected until the delivery of the object of the obligation. [Art. 1316, CC]. Compare with Consensual contracts. Real delivery. See Actual delivery. Real estate. 1. The land and all those items which are attached to the land. It
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is the physical, tangible entity, together with all the additions or improvements on, above or below the ground. [Sec. 3, RA 9646]. 2. For purposes of taxation, all land within the district by which the tax is levied, and all rights and interests in such land, and all buildings and other structures affixed to the land, even though as bet. the landlord and the tenant they are the property of the tenant and may be removed by him at the termination of the lease. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968]. Real estate appraiser. A duly registered and licensed natural person who, for a professional fee, compensation or other valuable consideration, performs or renders, or offers to perform services in estimating and arriving at an opinion of or acts as an expert on real estate values, such services of which shall be finally rendered by the preparation of the report in acceptable written form. [Sec. 3, RA 9646]. Real estate assessor. A duly registered and licensed natural person who works in a[n] LGU and performs appraisal and assessment of real properties, incl. plants, equipment, and machineries, essentially for taxation purposes. [Sec. 3, RA 9646]. Real estate broker. Real estate broker. A duly registered and licensed natural person who, for a professional fee, commission or other valuable consideration, acts as an agent of a party in a real estate transaction to offer, advertise, solicit, list, promote, mediate, negotiate or effect the meeting of the minds on the sale, purchase, exchange, mortgage, lease or joint venture, or other similar transactions on real estate or any interest therein. [Sec. 3, RA 9646]. Real estate consultant. A duly registered and licensed -natural person who, for a professional fee, compensation or other valuable consideration, offers or renders professional advice and judgment on: (i) the acquisition, enhancement, preservation, utilization or disposition of lands or improvements thereon; and (ii) the conception, planning, management and development of real estate projects. [Sec. 3, RA 9646]. Real estate dealer. 1. Any person engaged in the business of buying and selling or exchanging real properties on his own account as a principal and holding himself out as a full or part-time dealer in real estate. 2. Any person engaged in the business of buying, selling, exchanging, leasing, or renting property on his own account as principal and holding himself out as a full or part-time dealer in real estate or as an owner of rental property or properties rented or offered to rent for an aggregate amount of P3,000 or more a year. [Sec. 6, RA 588]. Real estate developer. 1. Any person engaged in the business of developing real properties into subdivisions, or building houses on subdivided lots, or constructing residential or commercial units, townhouses and other similar units for his own account and offering them for sale or lease. 2. Any natural or juridical person engaged in the business of developing real estate development project for his/her or its own account and offering them for sale or lease. [Sec. 3, RA 9646]. Real estate development project. The development of land for residential, commercial, industrial, agricultural, institutional or recreational purposes, or any
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combination of such incl., but not limited to, tourist resorts, reclamation projects, building or housing projects, whether for individual or condominium ownership, memorial parks and others of similar nature. [Sec. 3, RA 9646]. Real Estate Investment Trust (REIT). A stock corporation established in accordance with the Corp. Code of the Phils. and the rules and regulations promulgated by the SEC principally for the purpose of owning incomegenerating real estate assets. For purposes of clarity, a REIT, although designated as a "trust", does not have the same technical meaning as "trust" under existing laws and regulations but is used herein for the sole purpose of adopting the internationally accepted description of the company in accordance with global best practices. [Sec. 3, RA 9856]. Real Estate Investment Trust (REIT) Act of 2009. RA 9856 entitled An Act Providing the Legal Framework for Real Estate Investment Trust and for Other Purposes which lapsed into law on Dec. 17, 2009. Real estate lessor. Any person engaged in the business of leasing or renting real properties on his own account as a principal and holding himself out as a lessor of real properties being rented out or offered for rent. Real estate mortgage. 1. A con-tract embodied in a public instrument recorded in the Registry of Property, by which the owner of an immovable (or an alienable real right imposed upon immovables) directly and immediately subjects it, whoever the possessor may be, to the fulfillment of the obligation for whose security it was constituted. [Arts. 2124, 2125, 2126, CC. Note that Art. 2125 states that "If the instrument is not recorded, the mortgage is nevertheless binding bet. the parties."]. 2. A contract in which the debtor guarantees to the creditor the fulfillment of a principal obligation, subjecting for the faithful compliance therewith a real property in case of nonfulfillment of said obligation at the time stipulated. [Paras. E. L., Civ. Code of the Phils., Anno., 10th Ed., Vol. V, p. 852]. Compare with Chattel mortgage. Real estate salesman. Any natural person regularly employed by a real estate broker to perform in behalf of such broker. [Sec. 1, PD 426]. Real estate salesperson. A duly accredited natural person who performs service for, and in behalf of a real estate broker who is registered and licensed by the Professional Regulatory Board of Real Estate Service for or in expectation of a share in the commission, professional fee, compensation or other valuable consideration. [Sec. 3, RA 9646]. Real estate service practitioners. [They] consist of: (1) Real estate consultant; (2) Real estate appraiser; (3) Real estate assessor; (4) Real estate broker; and (5) Real estate salesperson. [Sec. 3, RA 9646]. Real estate tax. A tax in rem against realty without personal liability therefor on part of owner thereof, and a judgment recovered in proceedings for enforcement of real estate tax is one in rem against the realty without personal liability against the owner. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968].
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Real estate-related assets. 1. Debt securities and listed shares issued by listed property companies; or 2. Other funds and assets, incl. personal property, incidental to the ownership of real estate. [Sec. 3, RA 9856]. Real evidence. Any fact about a material or corporate object, e.g. a book or a human foot, whether produced in court or not. [Tiglao v. Comelec, GR L-31566 & L-31847. Aug. 31, 1970]. See Autoptic preference. Real interest. A present substantial interest, as distinguished from a mere expectancy or a future, contingent, subordinate or consequential interest. [Barfel Devt. Corp. v. CA]. Real novation. Also Objective novation. The extinguishment of an obligation by a subsequent one which terminates it, either by changing its object or principal conditions. [Caned v. CA, GR 81322. Feb. 5, 1990]. Compare with Personal novation or Subjective Novation. Real party in interest. The party who stands to be benefited or injured by the judgment or the party entitled to the avails the suit. [Samahan ng mga Nangungupahan sa Azcarraga Textile Market v. CA, GR 68357, Sep. 26, 1988; Sec. 2, Rule 3, RoC]. Real party in interest-defendant. One who has a correlative legal obligation whose act or omission violates the legal right of the plaintiff. [Lee v. Romillo, GR L-60937. May 28, 1988]. Real party in interest-plaintiff. One who has a legal right. [Lee v. Romillo, GR L60937. May 28, 1988]. Real plurality. Also Concurso real. This arises when the accused performs an act or different acts with distinct purposes and resulting in different crimes which are juridically independent. Unlike ideal plurality, this real plurality is not governed by Art. 48 of the Rev. Penal Code. [Gamboa v. CA, GR L-41054. Nov. 28, 1975]. Real property. 1. Also Real estate. Land and buildings and other improvements which are more or less of permanent structure and substantially adhering to the land with the intent of permanent annexation. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. All the rights, interests and benefits related to the ownership of real estate. [Sec. 3, RA 9646]. Real property; as to kind. It includes residential, commercial, agricultural, industrial, etc.; as to nature, it includes paraphernal, conjugal and absolute community. [CSCs Guidelines on the use of the rev. SALN form]. Real Property Tax (RPT). A direct tax on the ownership of lands and buildings or other improvements thereon, not specially exempted, and is payable regardless of whether the property is used or not, although the value may vary in accordance with such factor. The tax is usu. single or indivisible, although the land and building or improvements erected thereon are assessed separately, except when the land and building or improvements belong to separate owners. [Villanueva. v. City of Iloilo, 135 Phil. 572, 582-583 (1968)]. Real Property Tax Code. PD 464 signed into law on May 20, 1974.
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Real right. The power belonging to a person over a specific thing, without a passive subject individually determined against whom such right may be personally exercised. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 5]. Real right of possession. Possession for more than one year, or possession de jure (Art. 555, CC) which is lost after the lapse of 10 years. Real tradition. The delivery or transfer of a thing from hand to hand, if it is movable, and if it is immovable, by certain material or possessory acts by the grantee done in the presence and with the consent of the grantor, such as entering upon the property, gathering its fruits, opening doors, etc., which are generally called taking possession. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 459]. See Constructive tradition. Real union. Intl. Law. A union created when 2 or more states are merged under a central authority through which they act in the direction of their external affairs. The states forming this union do not lose their status as such but their respective international personalities are extinguished and blended in the new international person which, however, is not considered a state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 13]. Compare with Personal union. Reallocation. See Reclassification. Realty Installment Buyer Protection Act. RA 6552 entitled An Act to provide protection to buyers of real estate on installment payments enacted on Aug. 26, 1972. Also known as Maceda Law. Reasonable. Based on good sense. Reasonable bail. That bail which, in view of the nature of the offense, the penalty which the law attaches to it and the probabilities that guilt will be established on the trial, seems no more than sufficient to secure the partys attendance. In determining this, some regard should be had to the prisoners pecuniary circumstances. Reasonable care. The degree of diligence required in the performance of a right. Reasonable classification. Elements: (a) It must rest on substantial distinctions; (b) it must be germane to the purpose of the law; (c) it must not be limited to existing conditions only; and (d) it must apply equally to all members of the same class. [Maritime Manning Agencies v. POEA, GR 114714. Apr. 21, 1995]. Reasonable doubt. 1. That doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty of guilt is not demanded by the law to convict of any criminal charge but moral certainty is required, and this certainty is required as to every proposition of proof requisite to constitute the offense. [US v. Lasada, 18 Phil. 90]. 2. That state of mind of a judge in which he cannot say he feels an abiding conviction as to the truth of the charge. Reasonable necessity of the means employed. Crim. Law. It does not imply material commensurability bet. the means of attack and defense. What the law requires is rational equivalence, in the consideration of which will enter as
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principal factors the emergency, the imminent danger to which the person attacked is exposed, and the instinct, more than the reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury. [People v. Encomienda, GR L-26750. Aug. 18, 1972]. Reasonable opportunity. Under the Omnibus Rules Implementing the Labor Code, every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. [King of Kings Transport, Inc. v. Mamac, GR 166208, June 29, 2007]. Reasonable person. A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge; intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do. Reasonable private benefit plan. A pension, gratuity, stock bonus or profitsharing plan maintained by an employer for the benefit of some or all of his officials or employees, wherein contributions are made by such employer for the officials or employees, or both, for the purpose of distributing to such officials and employees the earnings and principal of the fund thus accumulated, and wherein it is provided in said plan that at no time shall any part of the corpus or income of the fund be used for, or be diverted to, any purpose other than for the exclusive benefit of the said officials and employees. [Sec. 31, NIRC, as amended]. Reasonable rate of return on investments and operating and maintenance cost. The rate of return that reflects the prevailing cost of capital in the domestic and international markets. [Sec. 2, RA 7718]. Reasonable time. So much time as is necessary under the circumstances for a reasonable prudent and diligent man to do, conveniently, what the contract or duty requires should be done, having a regard for the rights and possibility of loss, if any, to the other party. [Far East Realty v. CA, 166 SCRA 256 (1988)]. Reasonableness of the rental charged. Factors [that] may be considered in determining [the same]: (a) the prevailing rates in the vicinity; (b) location of the property; (c) use of the property; (d) inflation rate; and (e) the testimony of one of the private respondents. [D.O. Plaza Mgt. Corp. v. Heirs of Atega, GR 158526, Dec. 16, 2004]. Reassessment. The assigning of new assessed values to property, particularly real estate, as the result of a general, partial or individual reappraisal of the property. [Sec. 3, PD 464]. Reassignment. Admin. Law. The movement of an employee from one organizational unit to another in the same department or agency which does not involve a reduction in rank, status, or salary and does not require the issuance of an appointment. [Sec. 10, Rule VII of
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the Omnibus Rules Implementing Book V of EO 292]. Compare with Detail. Rebate. The discount or reduction in a claim made in consideration of prompt payment. [Padilla v. CA, GR 105851. Mar. 24, 1993]. Rebel. A person who rises in armed resistance against an established government or ruler. Rebellion. Also Insurrection. Crim. Law. 1. The felony committed by rising publicly and taking arms against the Govt. for the purpose of removing from the allegiance to said Govt. or its laws, the territory of the Phils. or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Exec. [Pres.] or the Legislature [Congress, wholly or partially, of any of their powers or prerogatives. [Art. 134, RPC, as amended by RA 6968]. 2. The felony committed by rising publicly and taking up arms against the Govt. for any of the purposes specified in Art. 134 of the Rev. Penal Code. 3. A crime against public order. Rising publicly and taking arms against the Govt. is the very element of the crime of rebellion. [Buscayno v. Military Commissions, GR 58284, 109 SCRA 289 (1981)]. Rebellious. 1. Showing a desire to resist authority, control, or convention. 2. Engaged in opposition or armed resistance to an established government or ruler. Rebus sic stantibus. Lat. At this point of affairs; In these circumstances; Things remaining as they are. 1. Under this theory, the parties stipulate in the light of certain prevailing conditions, and once these conditions cease to exist the contract also ceases to exist. Considering practical needs and the demands of equity and good faith, the disappearance of the basis of a contract gives rise to a right to relief in favor of the party prejudiced. 2. A name given to a tacit condition, said to attach to all treaties, that they shall cease to be obligatory so soon as the state of facts and conditions upon which they were founded has substantially changed. [PNCC v. CA, GR 116896. May 5, 1997, 1139 (5th Ed., 1979)]. Compare with Pacta sunt servanda. Rebus sic stantibus principle. The theory under which the parties stipulate in the light of certain prevailing conditions, and once these conditions cease to exist, the contract also ceases to exist. [Naga Telephone Co. v. CA, 230 SCRA 351, 365 (1994)]. This theory is said to be the basis of Art. 1267 of the Civil Code, [which enunciates the doctrine of unforeseen events and] which provides: When the service has become so diff icult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. [PNCC v. CA, GR 116896. May 5, 1997]. Rebut. Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence. See Rejoinder. Rebuttable presumption. An assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise. See Prima facie presumption; Disputable presumption. Rebuttal. A refutation or contradiction.
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Rebuttal evidence. Evidence which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., p. 8]. Recall. A procedure for locating a newborn with a possible heritable condition for purposes of providing the newborn with appropriate laboratory to confirm the diagnosis and, as appropriate, provide treatment. [Sec. 4, RA 9288]. Recall. Admin. Law. 1. A mode of removal of a public officer by the people before the end of his term of office. The people's prerogative to remove a public officer is an incident of their sovereign power and in the absence of constitutional restraint, the power is implied in all governmental operations. Such power has been held to be indispensable for the proper administration of public affairs. [Garcia v. Comelec, GR 111511. Oct. 5, 1993]. Recall election. A procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended. Recall, Written petition for. A petition duly signed before the election registrar or his representative, and in the presence of a representative of the petitioner and a representative of the official sought to be recalled and, and in a public place in the province, city, municipality, or barangay, as the case may be, and filed with the Comelec through its office in the LGU concerned. [Sec. 70 (d) (1), LGC]. Recant. 1. To withdraw or repudiate formally and publicly. 2. To renounce or withdraw a prior statement. [Alonte v. Savellano, GR 131652. Mar. 9, 1998]. Recantation. The term usu. applies to a repudiation by a complainant or a witness, either for the prosecution or the defense, who has previously given an extra-judicial statement or testimony in court. [People v. del Pilar, 188 SCRA 37 (1990)]. Receipt. A written and signed acknowledgment that money has been paid or goods have been delivered. A receipt is merely presumptive evidence and is not conclusive. A written acknowledgment that money or a thing of value has been received. Receipts. Income realized from operations and activities of the Govt. or are received by the Govt. in the exercise of its corporate functions, consisting of charges for services rendered, or for conveniences furnished, or the price of a commodity sold, as well as authorized contributions or aids from other entities, except provisional advances for budgetary purposes. Loans for specific projects or activities shall be considered as receipts. [Sec. 14, PD 477]. Received for shipment bill of lading. One in which it is stated that the goods have been received for shipment with or without specifying the vessel by which the goods are to be shipped. Received for shipment bills of lading are issued whenever conditions are not normal and there is insufficiency of shipping space. [Magellan v. CA, GR 95529. Aug. 22, 1991]. Compare with On board bill of lading. Received the goods in good order and condition. It means that the goods were
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in fact delivered to and received as such by the person who signed the invoice. Receiver. A representative of the court appointing him for the purpose of preserving and conserving the property under receivership and preventing its possible destruction or dissipation, if it goes to the possession of another person. [Salientes v. IAC, GR L-66211. July 14, 1995]. Receivership. The placement of property, real or personal, which is subject of litigation, in the possession and control of a receiver appointed by the Court, who shall conserve it pending final determination of the title or right or possession over it. [Cojuangco, Jr. v. PCGG, 190 SCRA 226, 249]. Receiving any gift. The act of accepting directly or indirectly, a gift from a person other than a member of his family or relative as defined in RA 6713, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor. [Sec. 3, RA 6713]. Receiving homes. Family-type homes which provides temporary shelter from 10 to 20 days for children who shall during this period be under observation and study for eventual placement by the DSWD. The number of children in a receiving home shall not at any time exceed 9: Provided, That no more than 2 of them shall be under 3 years of age. [Art. 117, PD 603]. Reception and study center. An institution that receives for study, diagnosis, and temporary treatment, children who have behavioral problems for the purpose of determining the appropriate care for them or recommending their permanent treatment or rehabilitation in other child welfare agencies. [Art. 117, PD 603]. Recess. 1. As the concept is embraced in the phrase "at attendance in the school," it contemplates a situation of temporary adjournment of school activities where the student still remains within call of his mentor and is not permitted to leave the school premises, or the area within which the school activity is conducted. [Salvosa v. IAC, GR L-70458. Oct. 5, 1988]. 2. Pol. Law. The intervening period bet. adjournment of a regular session of 100 days exclusive of Sundays, or of a special session which cannot continue longer than 30 days, and the convening thereof in regular session once every year on the 4th Monday of [July] or in special session to consider general legislation or only such subjects as he [the Pres. may designate. And such intervening period refers to the same congress that had adjourned and was to be convened. [Aytona v. Castillo, GR L19313. Jan. 19, 1962]. Compare with Adjournment. Recez. The act of a Congress in writing down the result of its deliberations on a particular subject matter. This is done prior to final adjournment. [Legal Whatchamacallit, A. T. Domondon, Oct. 11, 2011]. Recidivism. Also Reincidencia. Crim. Law. 1. An aggravating circumstance in which the offender shall have been previously convicted by final judgment of another crime embraced in the same title of the Rev. Penal Code. [People v. Real, GR 93436. Mar. 24, 1995]. 2. It in-
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volves at least 2 convictions and is a form of plurality of crimes like reiteracion, habitual delinquency and quasirecidivism. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 133]. 3. The continued, habitual or compulsive commission of law violations after first having been convicted or prior offenses. Recidivist. Crim. Law. A person who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Rev. Penal Code. [People v. Kintuan, GR 74100. Dec. 3, 1987; Art. 14, RPC]. Reciprocal. Given, felt, or done in return. Reciprocal contract. One in which the parties enter into mutual engagements. See Synallagmatic contract. Reciprocal obligations. Those obligations that arise from the same cause, and in which each party is a debtor and a creditor of the other, such that the obligation of one is dependent upon the obligation of the other. [Presbitero v. CA, GR 102432. Jan. 21, 1993]. Reciprocal substitution. Succ. Kind of substitution where the heirs instituted in unequal shares should be reciprocally substituted and the substitute acquires the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. If there are more than one substitute, they shall have the same share in the substitution as in the institution. [Art. 861, CC]. Reciprocal wills. Succ. Wills in which the testators name each other as beneficiaries under similar testamentary plans. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 104]. Reciprocity. The practice of exchanging things with others for mutual benefit, esp. privileges granted by one country or organization to another. Reciprocity rule. Intl. Law. A state only has to respond to a suit brought against it before the ICJ to the extent that the state bringing the suit has also accepted the jurisdiction of the Court. Reckless. Characterized by or manifesting lack of caution; rash, utterly heedless. Reckless driving. The failure to take such precaution or advance measures in the performance of an act as the most common prudence would suggest, whether injury is caused to persons or property. Reckless imprudence. 1. It consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. [Art. 365, RPC]. 2. An act from which injury results, which act, had it been done with malice, would constitute a crime. [US v. Manabat, GR 9700. Dec. 3, 1914]. Also Criminal negligence. Reckless negligence. It consists of the failure to take such precautions or advance measures in the performance of an act as the most common prudence
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would suggest whereby injury is caused to persons or to property. [US v. Nava, GR 991. Dec. 19, 1902]. Recklessness. A lack of heed or concern for consequence; esp., foolishly heedless of danger; headlong; rash; desperate; not caring or noting; neglectful; indifferent. [US v. Aligan, GR 18606. Aug. 1, 1922]. Reclaimed land. Submerged land which by deliberate action of dredging and filling has emerged to the surface. Such land belongs to the State. [Pea, Phil. Law on Natural Resources, 1997 Rev. Ed., p. 86]. Reclamation. The conversion of wasteland into land suitable for use of habitation or cultivation. Reclassification. The act of specifying how agricultural lands shall be utilized for non-agricultural uses such as residential, industrial, and commercial, as embodied in the land use plan, subject to the requirements and procedures for land use conversion. [Alarcon v. CA, 453 Phil. 373, 382-383 (2003)]. Compare with Conversion (2nd def.). Reclassification or Reallocation. A change in the classification of a position either as a result of a change in its duties and responsibilities sufficient to warrant placing the position in a different class, or as result of a reevaluation of a position without a significant change in duties and responsibilities. [Sec. 3, PD 985]. Reclusion perpetua. Crim. Law. From Sp. Reclusio perpetua which means Permanent imprisonment. 1. The penalty whereby any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for 30 years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Exec. as unworthy of pardon. [Art. 27, RPC]. 2. It entails imprisonment for at least 30 years after which the convict becomes eligible for pardon, it also carries with it accessory penalties, namely; perpetual special disqualification, etc. It is not the same as "life imprisonment." [People v. Baguio, GR 76585. Apr. 30, 1991]. Reclusion temporal. Crim. Law. The penalty shall be from 12 years and 1 day to 20 years [of imprisonment]. [Art. 27, RPC]. Recognition. Civ. Law. The process of declaring legally that a certain person is ones own child. Recognition. Intl. Law. 1. The act by which a state acknowledges the existence of another state, a govt. or a belligerent community, and indicates its willingness to deal with the entity as such under international law. [Sandoval, Pol. Law Reviewer 2003]. 2. Formal acknowledgement or acceptance by a govt. of the independence and sovereignty of a newly created state or of a newly established govt. in another state, esp. one established by revolution. Recognition of belligerency. Intl. Law. The formal acknowledgment by a 3rd party of the existence of a state of war bet. the central govt. and a portion of that state. [Sandoval, Pol. Law Reviewer 2003]. Recognition of foreign judgments. In conflict of laws, the rules and principles
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applied by courts in determining whether or not to recognize and enforce a judgment rendered by a foreign court or an arbitral award rendered by a foreign arbitral tribunal. Recognition of government. Intl. Law. The free act by which one or several states acknowledge that a person or a group of persons is capable of binding the state which they claim to represent and witness their intention to enter into relations with them. [Sandoval, Pol. Law Reviewer 2003]. Recognition of states. Intl. Law. Under the minority view (or constitutive school), recognition is the act which constitutes the entity into an international person. Such recognition is compulsory and legal; it may be compelled once the elements of a state are established. Under the majority view (or declaratory school), recognition merely affirms an existing fact, like possession by the state of the essential elements. It is discretionary and political. [Sandoval, Pol. Law Reviewer 2003]. Recognizance. 1. An obligation of record, entered into before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial. [People v. Abner,. 87 Phil. 566, 569]. 2. An undertaking in lieu of a bond, assumed by a mother or father, or appropriate guardian or custodian, or in their absence, the nearest relative, or any responsible member of the community to assume custody of a child in conflict with the law and be responsible for the appearance of the child in court whenever required during the pendency of the case. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Recommend. To present one's advice or choice as having one's approval or to represent or urge as advisable or expedient. It involves the idea that another has the final decision. [Sinon v. CSC, GR 101251. Nov. 5, 1992]. Compare with Assist. Recommended Dietary Allowances (RDA). Levels of nutrient intakes which are considered adequate to maintain health and provide reasonable levels or reserves in body tissues of nearly all health persons in the population. [Sec. 3, RA 8976]. Reconciliation of Listing for Enforcement (RELIEF). It supports the 3rd party information program of the BIR through the cross referencing of 3rd party information from the taxpayers' Summary Lists of Sales and Purchases prescribed to be submitted on a quarterly basis. Reconstitution. 1. [An action the nature of which] denotes a restoration of the instrument which is supposed to have been lost or destroyed in its original form and condition. The purpose of the action is merely to have the same reproduced, after proper proceedings, in the same form they were when the loss or destruction occurred, and does not pass upon the ownership of the land covered by the lost or destroyed title. [Heirs of Tuazon v. CA, GR 125758, Jan. 20, 2004]. 2. The restoration of the instrument or title allegedly lost or destroyed in its original form and condition. [Anciano v. Caballes, GR L-5040, Sep. 29, 1953, 93 Phil 876].
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Reconstitution of a certificate of title. Also Reconstruction of a certificate of title. Within the meaning of RA 26, the term denotes restoration of the instrument which is supposed to have been lost or destroyed in its original form and condition. [Vda. de Anciano v. Caballes, 93 Phil. 875]. The purpose of the reconstitution of any document, book or record is to have the same reproduced, after observing the procedure prescribed by law, in the same form they were when the loss or destruction occurred. [Bunagan v. Branch VI, CFI of Cebu, GR L-29073. Apr. 18, 1980]. Reconstitution of Torrens Certificates of Title Law. RA 26 entitled An Act providing a special procedure for the reconstitution of torrens certificates of title lost or destroyed enacted on Sep. 25, 1946. Reconstruction of a certificate of title. See Reconstitution of a certificate of title. Reconvencion. This is of French origin and is another term for recoupment. It means cutting back of the plaintiffs claim by the defendant. It thus implies an admission of the plaintiffs claim. [Korea Exchange Bank v. Gonzales, 456 SCRA 224]. Reconveyance. The transfer of the property, [or] the title thereto, which has been wrongfully or erroneously registered in another person's name, to its rightful and legal owner, or to one with a better right. [Amerol v. Bagumbaran, GR L-33261, 30 Sept. 1987]. Reconveyance, Action for. A legal remedy granted to a rightful owner of land wrongfully or erroneously registered in the name of another to compel the latter to reconvey the land to him. [Esconde v. Barlongay, 152 SCRA 603 (1987)]. Record. 1. All the documents and evidence plus transcripts of oral proceedings in a case. 2. An information written on a tangible medium or stored in an electronic or other similar medium, retrievable form. [Sec. 3, RA 9285]. Record on appeal. Civ. Pro. The portion of the record of a court of limited jurisdiction necessary to allow a superior court to review the case. Compare with Notice of appeal. Records. Information, whether in its original form or otherwise, incl. documents, signatures, seals, texts, images, sounds, speeches, or data compiled, recorded, or stored, as the case may be: (1) In written form on any material; (2) On film, negative, tape or other medium so as to be capable of being reproduced; or (3) By means of any recording device or process, computer or other electronic device or process. [Sec. 4, RA 9470]. Records center. An intermediate repository in which noncurrent records of various govt. offices are stored until they can be destroyed or transferred to the Natl. Archives. [Sec. 4, RA 9470]. Records management. The managerial activities involved with respect to records creation, records maintenance and use, transmission, retention and records disposition in order to achieve adequate and proper documentation of policies and transactions of govt. for its efficient, effective and economical operation. [Sec. 4, RA 9470].
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Re-cross-examination. Evid. The recross examination of the witness by the adverse party, upon the conclusion of the re-direct examination, on matters stated in the re-direct examination, and also on such other matters as may be allowed by the court in its discretion. [Sec. 8, Rule 132, RoC]. Compare with Re-direct examination. Recruitment. Labor. Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not. [People v. Turda, GR 97044-46. July 6, 1994]. Recruitment and placement. Labor. Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or promises for a free employment to 2 or more persons shall be deemed engaged in recruitment and placement. [Art. 13, LC]. Rectifier. Every person who rectifies, purifies, or refines distilled spirits or wines by any process other than by original and continuous distillation from mash, wort, wash, sap, or syrup through continuous closed vessels and pipes until the manufacture thereof is complete. [Sec. 1, PD 426]. Recto Law. Act 4122, now Art. 1484 of the Civ. Code, which provides: "In a contract of sale of personal property the price of which is payable in installments, the vendor may exercise any of the following remedies: (a) Exact fulfillment of the obligation, should the vendee fail to pay; (b) cancel the sale, should the vendee's failure to pay cover 2 or more installments; (c) foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee's failure to pay cover 2 or more installments. In this case, he shall have no further action against the purchaser to recover any unpaid balance of the price. Any agreement to the contrary shall be void. [Dela Cruz v. Asian Consumer, GR 94828. Sep. 18, 1992]. Recuse. The process by which a judge is disqualified from hearing a case, on his own motion or upon the objection of either party. Red Crescent, When used to signify a heraldic emblem, [it] means an emblem depicting a red crescent moon on, and completely surrounded by, a white background, as illustrated in Art. 4, Chap. IV of Annex I of Protocol I to the Geneva Conventions. [Sec. 3, RA 10530]. Red Cross. When used to signify a heraldic emblem, [it] means an emblem depicting a red cross with branches of equal length on, and completely surrounded by, a white background, formed by reversing the colors of the Swiss Confederation, as illustrated in Art. 4, Chap. IV of Annex I of the Additional Protocol I to the Geneva Conventions. [Sec. 3, RA 10530]. Red Cross and Other Emblems Act of 2013, The. RA 10530 entitled An Act Defining the Use and Protection of the Red Cross, Red Crescent, and Red Crystal Emblems, Providing Penalties
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for Violations Thereof and for Other Purposes enacted on May 7, 2013. Red Crystal. When used to signify a heraldic emblem, [it] means any emblem depicting a red frame in the shape of a square on edge, and completely surrounded by, a white background, as illustrated in Additional Protocol III to the Geneva Conventions. [Sec. 3, RA 10530].Reddendo singula singulis. Lat. Referring each to each. Referring each phrase or expression to its appropriate object. Let each be put in its proper place, that is, the words should be taken distributively. [People v. Tamani, GR L-22160 & L-22161. Jan. 21, 1974]. Reddendum. Lat. 1. [The reservation of] the right, ownership, possession, and administration of the property [which] in the context of an irrevocable donation simply means that the donors parted with their naked title, maintaining only beneficial ownership of the donated property while they lived. [Del Rosario v. Ferrer, GR 187056. Sept. 20, 2010]. 2. A clause in a deed by which some new thing is reserved out of what had been granted before; the clause by which rent is reserved in a lease. Redeem. To buy back, as when an owner who had mortgaged his/her real property pays off the debt. The term also refers to paying the amount due and all charges after a foreclosure (due to failure to make payments when due) has begun. Redeemable bonds. Corp. Law. Bonds which give the issuer the right to pay off the bonds even before maturity. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Redeemable security. Any security, other than short-term paper, under the terms of which the holder, upon its presentation to the issuer or to a person designated by the issuer, is entitled to receive approximately his proportionate share of the issuer's current net assets, or the cash equivalent thereof. [Sec. 3, RA 2629]. Redeemable shares. Corp. Law. Shares which may be issued by the corporation when expressly so provided in the articles of incorporation. They may be purchased or taken up by the corporation upon the expiration of a fixed period, regardless of the existence of unrestricted retained earnings in the books of the corporation, and upon such other terms and conditions as may be stated in the articles of incorporation, which terms and conditions must also be stated in the certificate of stock representing said shares. [Sec. 8, Corp. Code]. Redemption. Buying back. When a vendor later buys the property back. A right of redemption gives the vendor the right to buy back the property. See Right of redemption and Equity of redemption. Redemption amount. The amount the judgment debtor or his successor-ininterest needs to pay the purchaser at the public auction sale in order to effect redemption [which amount is] composed of (1) the price which the purchaser at the public auction sale paid for the property and (2) the amount of any assessment or taxes which the purchaser may have paid on the property after the purchase, plus the applicable interest. [Metropolitan Bank and Trust Co. v. Sps. Tan, GR 178449, 17 Oct. 2008].
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Redemptioner. A creditor having a lien by attachment, judgment or mortgage on the property sold, or on some part thereof, subsequent to the judgment under which the property was sold. [Medida v. CA, GR 98334. May 8, 1992]. Redhibition. The nullification of a sale because of a defect in the article sold of such nature as to make it totally or virtually unusable or as to have prevented the purchase if known to the buyer. Redhibitory. Of or pertaining to redhibition. Redhibitory action. An action to withdraw from the contract, with damages. [Art. 1567, CC]. Redhibitory defect. An imperfection or defect of such nature as to engender a certain degree of importance. An imperfection or defect of little consequence does not come within the category of being redhibitory. [Moles v. IAC, GR 73913. Jan. 31, 1989]. Re-direct examination. Evid. 1. The reexamination of the witness by the party calling him, after the cross-examination has been concluded, to explain or supplement his answers given during the cross-examination. [Sec. 7, Rule 132, RoC]. 2. Opportunity to present rebuttal evidence after one's evidence has been subjected to crossexamination. Compare with Re-cross examination. Redress. To set right; to remedy; to compensate; to remove the causes of a grievance. Reductio ad absurdum. Lat. Reduction to absurdity. A common form of argument which seeks to demonstrate that a statement is true by showing that a false, untenable, or absurd result follows from its denial. Also Reduction ad absurdum. Reduction in price. Remedy that allows a buyer to pay less for non-conforming goods in those cases where the buyer is not entitled to damages. Redundancy. Labor. It exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. [Almodiel v. NLRC, GR 100641. June 14, 1993]. Redundancy program. Labor. Requisites for a valid implementation: (1) Written notice served on both the employee and the DOLE at least one month prior to the intended date of termination; (2) payment of separation pay equivalent to at least one month pay or at least one month pay for every year of service, whichever is higher; (3) good faith in abolishing the redundant position; and (4) fair and reasonable criteria in ascertaining what positions are to be declared redundant. [Asian Alcohol Corp. v. NLRC, 364 Phil. 912 (1999)]. Redundant. No longer needed or useful; superfluous. Redundant position. Labor. One rendered superfluous by any number of factors, such as overhiring of workers, decreased volume of business, dropping of a particular product line previously manufactured by the company or phasing out of a service activity formerly undertaken by the enterprise. [Wiltshire File Co., Inc. v. NLRC, GR 82249, 7 Feb. 1991; Asian Alcohol Corp. v. NLRC, 364 Phil. 912 (1999)].
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Re-export permit. A permit authorizing an individual to bring out of the country a previous imported wildlife. [Sec. 5, RA 9147]. Refer. 1. To mention or allude to. 2. To direct the attention of someone to. Refer to drawer. A banking phrase indicating that there was no deposit or arrangement with the bank for the payment of the dishonored check. Referee. Rem. Law. A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court. Also called Commissioner. Referee in case of need. Nego. Inst. A person whose name is inserted by the drawer on the bill, to whom the holder may resort in case the bill is dishonored by non-acceptance or non-payment. [[Diaz, Bus. Law Rev., 1991 Ed., p. 366]. Referee. Also Sentenciador. A person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by work or gestures and result of the cockfight by announcing the winner or declaring a tie or no contest game. [Sec. 4, PD 449]. Referendum. Pol. Law. 1. The power of the electorate to approve or reject a legislation through an election called for the purpose. It may be of 2 classes, namely: (a) Referendum on statutes which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and (b) referendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies. [Sec. 3, RA 6735]. 2. The right reserved to the people to adopt or reject any act or measure which has been passed by a legislative body and which in most cases would without action on the part of electors become a law. [Cruz, Phil. Pol. Law, 1991 Ed., p. 169]. Compare with Plebiscite. Referral. Labor. The act of passing along or forwarding of an applicant for employment after an initial interview of a selected applicant for employment to a selected employer, placement officer or bureau. [People v. Goce, 247 SCRA 780]. Referral selling. The sales device employed by the sellers wherein the buyer is induced to acquire goods or services by representing that after the acquisition of the goods or services, he will receive a rebate, commission or other benefit in return for the submission of names of potential customers or otherwise helping the seller enter into other sales, if the receipt of such benefit is contingent on an event occurring after the sale is made. [Art. 4, RA 7394]. Refined gold. Gold that has been purified to the fineness acceptable to the Central Bank (now Bangko Sentral). [Sec. 1, RA 6364]. Refinery. An industrial installation where a substance is refined. Refining. 1. A process where impurities and/or deleterious materials are re-
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moved from a mixture in order to produce a pure element of compound. it shall also refer to partial distillation and electrolysis. [Sec. 3, PD 1185; Sec. 3, RA 9514]. 2. The processing or treating of petroleum by chemical or physical means for the purpose of making or separating marketable products; not incl., however, such operations, separate from the foregoing, as gas compression, removal of noxious gases, crude oil stabilization or treatment for emulsion, or any other operation which has as its principal aim the avoidance of hazard or loss, or which is incidental to production or to transportation. [Sec. 74, RA 387]. Refining concession. A concession which grants to the concessionaire the right to manufacture or refine petroleum, or to extract its derivatives. [Art. 10, RA 387]. Reforestation. The act of planting trees on bare or open land which is used to be covered with forest growth. Reformation. Civ. Law. That remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties. [NIA v. Gamit, GR 85869. Nov. 6, 1992]. Reformation. Spcl. Law. The rehabilitation component of the BuCors present corrections system, [and] shall refer to the acts which ensure the public [incl. families of inmates and their victims] that released national inmates are no longer harmful to the community by becoming reformed individuals prepared to live a normal and productive life upon reintegration to the mainstream society. [Sec. 3, RA 10575]. Reformation of a contract. Civ. Law. As enumerated in Art. 1359 of the Civ. Code, its requisites are: (a) There must have been a meeting of the minds to a contract; (b) the instrument or document evidencing the contract does not express the true intention of the parties; and (c) the failure of the instrument to express the true intention of the parties must be due to mistake, fraud inequitable conduct or accident. [Mata v. CA, GR 87880, Apr. 7, 1992]. Reformation of instruments. Civ. Law. That remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed. [Veluz v. Veluz, GR L-23261. July 31, 1968]. Reformation of instruments. Civ. Law. Requisites: (a) There is a valid contract; (b) the contract is in writing; and (c) the written contract did not express the true intention of the parties due to mistake, fraud, inequitable conduct or accident [Art. 1359, CC]. Refresher. Process of further training in work currently performed in order to improve job performance. This also refers to training to regain skills and knowledge which may have been partly forgotten as a result of length interruptions in the performance of an occupation. [Sec. 1, Rule 1, Book 2, IRR of LC]. Refrigerating and cold storage plants. 1. A set of refrigerating machinery housed in a building with cold storage compartments, for making ice and freezing and storing fish and fishery or aquatic products exclusively for the fishery industry. [Sec. 3, PD 704]. 2. A set of re-
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frigerating machineries housed in a building with cold storage fish and other perishable commodities. [Sec. 3, PD 43]. Refrigeration equipment. Gas, solar or electrically operated machines for the control of medium and low temperature such as conventional and frost-free household and commercial refrigerators and freezers; beverage coolers, water coolers, ice cream, ice drop and ice cube making machines and vendo machines; cold storage, brine tanks, brine and storage coils; sealed, semi-seal and open type refrigeration compressors. [Sec. 1, PD 1572]. Refuge. A condition of being safe or sheltered from pursuit, danger, or trouble. Refugee. Intl. Law. Any person who is outside the country of his nationality, or if he has no nationality, the country of his former habitual residence, because he has had or had well-grounded fear of persecution by reason of his race, religion, nationality or political opinion and is unable or, because of such fear, is unwilling to avail himself of the protection of the govt. of the country of his nationality, or, if he has no nationality, to return to the country of his former habitual residence. [Sandoval, Pol. Law Reviewer 2003]. Refund. A repayment of a sum of money, typically to a dissatisfied customer. Refund doctrine. Labor. The doctrine erroneously espoused in Genuino v. NLRC [GR 142732-33. Dec. 4, 2007] which states: If the decision of the labor arbiter is later reversed on appeal upon the finding that the ground for dismissal is valid, then the employer has the right to require the dismissed employee on payroll reinstatement to refund the salaries [he] received while the case was pending appeal, or it can be deducted from the accrued benefits that the dismissed employee was entitled to receive from [his] employer under existing laws, collective bargaining agreement provisions, and company practices. However, if the employee was reinstated to work during the pendency of the appeal, then the employee is entitled to the compensation received for actual services rendered without need of refund. X x x. The Court resolved the impasse by reaffirming the principle earlier enunciated in Air Phil. Corp. v. Zamora, GR 148247, Aug. 7, 2006 that an employee cannot be compelled to reimburse the salaries and wages he received during the pendency of his appeal, notwithstanding the reversal by the NLRC of the LA's order of reinstatement. [College of Immaculate Concepcion v. NLRC, GR 167563. Mar. 22, 2010]. Refusal of assistance. Crim. Law. The felony committed by a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a 3rd party. [Art. 233, RPC]. Refusal to discharge elective office. Crim. Law. The felony committed by any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. [Art. 234, RPC]. Refuse. 1. Garbage, waste, wood residues, sand, lime cinders ashes, offal, nightsoil, tar, dye staffs, acids, chemi-
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cals and substances other than sewage and industrial wastes that may cause pollution. [Sec. 3, PD 979]. 2. An inclusive term for all solid waste products consisting of garbage, rubbish, ashes, night soil, manure, dead animals, street sweepings and industrial wastes. [Sec. 81, PD 856]. Refusing to act within a reasonable time on any matter before public officer for some pecuniary or material benefit. The elements of Sec. 3(f) of the Anti-Graft and Corrupt Practices (RA 3019) are that: (a) The offender is a public officer; (b) the said officer has neglected or has refused to act without sufficient justification after due demand or request has been made on him; (c) reasonable time has elapsed from such demand or request without the public officer having acted on the matter pending before him; and (d) such failure to so act is for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage in favor of an interested party, or discriminating against another. [Coronado v. Sandiganbayan, GR 94955. Aug. 18, 1993]. Regalian doctrine. 1. All lands not otherwise clearly appearing to be privatelyowned are presumed to belong to the State. Forest lands, like mineral or timber lands which are public lands, are not subject to private ownership unless they under the Consti., become private properties. In the absence of such classification, the land remains unclassified public land until released therefrom and rendered open to disposition. [Dir. of Lands v. IAC, GR 73246. Mar. 2, 1993]. 2. The doctrine that holds that all lands of the public domain are owned by the State, [Sec. 2. Art. XII, 1987 Consti.] and that the State is the source of any asserted right to ownership in land and charged with the conservation of such patrimony. [Rep. v. CA, 89 SCRA 648 (1979)]. See Jura regalia. Regalian theory. A doctrine that states that all lands in the Phils. are presumed to belong to the govt., and anyone who claims ownership or title to a land must positively establish that he acquired the same by any of the modes allowed by law, or that he and his predecessors-ininterest have been in possession of the land since time immemorial. Regime. 1. A government, esp. an authoritarian one. 2. A system or planned way of doing things, esp. one imposed from above. Regime of Islands. The baseline in the following areas: a) The Kalayaan Island Group as constituted under PD 1596; and b) Bajo de Masinloc, also known as Scarborough Shoal, over which the Phils. exercises sovereignty and jurisdiction [which shall be determined as such] under the Rep. of the Phils. consistent with Art. 121 of the UNCLOS. [Sec. 2, RA 9522]. Region of war. Intl. Law. The place where the belligerents may lawfully engage each other, as distinguished from the theater of war. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 138-139]. Regional Health Research Systems. The regional health research consortia or communities in all the regions of the country which mirror the PNHRS framework at the regional level. [Sec. 3, RA 10532].
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Regional language. The lingua franca or the commonly spoken language of a region. [Sec. 3, RA 7104]. Regional or Native language. The traditional speech variety or variety of Filipino sign language existing in a region, area or place. [Sec. 4, RA 10533]. Regional party. A party the constituency of which is spread over the geographical territory of at least a majority of the cities and provinces comprising the region. [Sec. 3, RA 7941]. Register. 1. N. A formal or official recording of items, names, or actions. 2. V. To record or annotate; to enter in a register; to record formally and distinctly; to enroll; to enter in a list. [Po Sun Tun v. Prize and Prov. Govt. of Leyte, 54 Phil. 192, 195 (1929)]. Register of Deeds. 1. A public depository of records of public documents affecting the title to lands in the province or in the city where the lands are located. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 436]. 2. The office where the inscription or annotation of acts and contracts relating to ownership and other rights over real property are recorded. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. Registered. Entered or recorded in an official list. Registered bond. Corp. Law. One which is payable only to the person whose name appears on the face of the bond certificate and in the bond register of the company; hence, it is not negotiable. It is, however, transferable, and the transfer of a registered bond is possible only by recording the transfer on the transfer books of the company and registering the name of the new owner, [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 69]. Registered enterprises. Any individual, partnership, cooperative, corporation or other entity incorporated and/or organized and existing under Phil. laws; and registered with the Board of Investments. [Art. 11, EO 226 (1987)]. Registered export producer. Any person, corporation, partnership, or other entity doing business in the Phils., (a) registered with Phil. Export Councils; (b) engaged in the manufacture, production or processing of articles or products for export in commercial quantity; and (c) directly exporting its products, or selling them (1) to a registered export trader that subsequently exports the said products, or (2) to another export producer who utilizes said products as direct materials or input in product subsequently manufactured or processed by them and thereafter exported or (3) to foreign tourists, when paid for in acceptable foreign currency and actually brought out of the Phils. by the buyers upon their departure. [Sec. 187, NIRC, as amended]. Registered export trader. Any person, corporation, partnership or other entity doing business in the Phils. (a) registered with the Phil. Export Council; and (b) who is engaged in the buying of Phil.-made products and subsequently exporting the same. [Sec. 187, NIRC, as amended]. Registered mark. Trademark with the words "Registered in the Phils. Patent Office" or "Reg. Phil. Pat. Off." or the let-
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ter "R" enclosed within a circle. [RA 166]. Registered RE Developer. A Renewable Energy (RE) Developer duly registered with the DOE. [Sec. 4, RA 9513]. Registered Social Workers. A graduate of Bachelor of Science in Social Work or Master's Degree in Social Work and who has passed the social work licensure examination. [Sec. 3, RA 9432]. Registered tourism enterprise. A person, corporation, partnership or other entity organized and existing under the Phil. Consti. registered with the Phil. Tourism Authority in accordance with and as defined by PD 535, and engaged in or proposing to engage in rendering services to foreign tourists and travelers covered by the Tourism Priorities Plan and subject to the guidelines prepared by the DOT. [Sec. 38, PD 564; Sec. 1, PD 534]. Registered voter. Elec. Law. One who is duly registered in the list of voters because he possesses the qualifications for suffrage. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 309]. Registration. 1. Any entry made in the books of the registry, incl. both registration in its ordinary and strict sense, and cancellation, annotation, and even the marginal notes. In strict acceptation, it pertains to the entry made in the registry which records solemnly and permanently the right of ownership and other real rights. [Po Sun Tun v. Prize and Prov. Govt. of Leyte, 54 Phil. 192, 195 (1929)]. 2. A ministerial act by which a deed, contract, or instrument is sought to be inscribed in the records of the Office of the Register of Deeds and annotated at the back of the Certificate of title covering the land subject of the deed, contract or instrument. Its purpose is to give notice thereof to all persons (Sec. 51, Act 496) and does not declare that the recorded instrument is a valid and subsisting interest in the land. This is so because the effect or validity of the instrument can only be determined in an ordinary case before the courts, not before a court acting merely as a registration court which has no jurisdiction over the same. [Seton v. Rodriguez, GR L16285. Dec. 29, 1960]. 3. The process of approval of an application to register health products prior to engaging in the manufacture, importation, exportation, sale, offer for sale, distribution, transfer, and where applicable, the use, testing, promotion, advertisement, and/or sponsorship of health products. [Sec. 9, RA 9711]. Registration of agreement. 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]. Registration of cooperative. The operative act granting juridical personality to a proposed cooperative and is evidenced by a certificate of registration. [Sec. 1, RA 9520]. Registration of title, Application for. Requisites: (1) That the property in question is alienable and disposable land of the public domain; (2) that the applicant by himself or through his predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation; and (3) that such possession is under a bona
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fide claim of ownership since 12 June 1945 or earlier. [Sec. 14(1), PD 1529]. Registration of voters. Elec. Law. A method of proof, prescribed for ascertaining who are qualified to cast votes. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 309]. Registration proceedings. Labor. Proceedings involving the application for registration of labor organizations. [Sec. 1, Rule 1, Book 5, IRR of LC]. Registration statement. The application for the registration of securities required to be filed with the Tariff Commission. [Sec. 3, RA 8799]. Registry. A place or office where registers or records are kept. Registry of property. An institution of the State which publishes the juridical situation and vicissitudes of real properties and real rights therein, showing thereby the acts relative to said properties. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 449]. Reglementary. Regulative. Regressive. Becoming less advanced; returning to a former or less developed state. Regressive tax. Tax the rate of which decreases as the tax base or bracket increases. (There is no such tax in the Phils.) [De Leon, Fundamentals of Taxation, 2000 Ed., p. 15]. Regular. Steady or uniform in course, practice, or occurrence, as opposed to casual or occasional. [Rep. v. Asuncion, GR 108208. Mar. 11, 1994 1285 (6th Ed., 1990)]. Regular appointment. An appointment made by the Pres. while Congress is in session. It takes effect only after confirmation by the Commission on Appointments. Once the same is approved, it continues until the end of the term of the appointee. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 393]. Compare with Ad interim appointment. Regular employee. Labor. An employee who 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. Hence, the employment is also considered regular, but only with respect to such activity and while such activity exists. [De Leon v. NLRC, GR 70705. Aug. 21, 1989]. Regular employment. Employment where the employee has been engaged to perform activities which are usu. necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season. [Art. 280, CC]. Compare with Casual employment. Regular farmworker. A natural person who is employed on a permanent basis by an agricultural enterprise or farm. [Sec. 3, RA 6657].
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Regular place of work or business. A stationary office in the city or province wherein the notary public renders legal and notarial services. [Sec. 11, Rule II, AM 02-8-13-SC]. Regulate. The term includes the power to control, to govern, and to restrain; but it should not be construed as synonymous with 'suppress' or 'prohibit. [Samson v. City Mayor of Bacolod, GR L-28745. Oct. 23, 1974]. Regulated. Controlled or directed acc. to rule, principle, or law. Regulated drug. This includes selfinducing sedatives, such as secobarbital, phenobarbital, pentobarbital, barbital, amobarbital and any other drug which contains a salt or a derivative of a salt of barbituric acid; any salt, isomer or salt of an isomer, of amphetamine, such as benzedrine or dexedrine, or any drug which produces a physiological action similar to amphetamine; and hypnotic drugs, such as methaqualone or any other compound producing similar physiological effects. [Sec. 2, RA 6425]. Regulatory agency. Any agency expressly vested with jurisdiction to regulate, administer or adjudicate matters affecting substantial rights and interests of private persons, the principal powers of which are exercised by a collective body, such as a commission, board or council. [Sec. 2, Admin. Code of 1987]. Rehabilitate. To restore to a state of good condition or operation. Rehabilitate-operate-and-transfer. A contractual arrangement whereby an existing facility is turned over to the private sector to refurbish, operate and maintain for a franchise period, at the expiry of which the legal title to the facility is turned over to the govt. The term is also used to describe the purchase of an existing facility from abroad, importing, refurbishing, erecting and consuming it within the host country. [Sec. 2, RA 7718]. Rehabilitate-own-and-operate. A contractual arrangement where-by an existing facility is turned over to the private sector to refurbish and operate with no time limitation imposed on ownership. As long as the operator is not in violation of its franchise, it can continue to operate the facility in perpetuity. [Sec. 2, RA 7718]. Rehabilitation. Corp. Law. 1. The restoration of the debtor to a position of successful operation and solvency, if it is shown that its continuance of operation is economically feasible and its creditors can recover by way of the present value of payments projected in the plan more if the corporation continues as a going concern than if it immediately liquidated. [Sec. 4, RA 10142; Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. 2. 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. [Ruby Industrial Corp. v. CA, GR 124185-87. Jan. 20, 1998]. Rehabilitation. Spcl. Law. 1. Measures that ensure the ability of affected communities or areas to restore their normal level of functioning by rebuilding livelihood and damaged infrastructures and increasing the communities' organizational capacity. [Sec. 3, RA 10121]. 2. An integrated approach to physical, social, cultural, spiritual, educational and
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vocational measures that create conditions for the individual to attain the highest possible level of functional ability. [Sec. 4, RA 7277]. 3. The restoration of the disabled or handicapped to the fullest physical, mental, social and economic usefulness of which he is capable with in the limitations of the disability or handicap. [Sec. 11, PD 1509]. 4. The process by which there is provided a balanced program of remedial treatment, vocational assessment and preparation designed to meet the individual needs of each handicapped employee to restore him to suitable employment, incl. assistance as may be within its resources to help each rehabilitee to develop his mental, vocational or social potential. [Sec. 1, Rule 9, Rules on Employees Compensation]. Rehabilitation center. 1. Health Ins. A facility, which undertakes rehabilitation of drug dependents. It includes institutions, agencies and the like which have for their purpose, the development of skills, or which provides counseling, or which seeks to inculcate, social and moral values to clientele who have a drug problem with the pain of weaning them from drugs and making them drugfree, adapted to their families and peers, and readjusted into the community as law-abiding, useful and productive citizens. [Sec. 1, RA 9241]. 2. Child and Youth Welfare Law. An institution that receives and rehabilitates youthful offenders or other disturbed children. [Art. 117, PD 603]. 3. An organized service of varied rehabilitation measures usu. located in one site for the rehabilitation of disabled individuals. [Sec. 1, Rule 9, Rules on Employees Compensation]. Rehabilitation facility. An organized service offering one or more types of service for the rehabilitation of the handicapped individual. [Sec. 1, Rule 9, Rules on Employees Compensation]. Rehabilitation medicine. At the patient level, the clinical management of the problems associated with disability, with the objective of improving to the maximum level the physical, socio-economic and physiological functioning of a disabled individual. Medical rehabilitation is an integrated part of the total medical care. Total rehabilitation is best achieved through the coordinated work of various health disciplines like medicine, psychology, social work, physical therapy, occupational therapy, speech and hearing, nursing, vocational evaluation, dietetics, and special education. [Sec. 2, RA 5680]. Rehabilitation plan. A plan by which the financial well-being and viability of an insolvent debtor can be restored using various means incl., but not limited to, debt forgiveness, debt rescheduling, reorganization or quasi-reorganization, dacion en pago, debt-equity conversion and sale of the business (or parts of it) as a going concern, or setting-up of new business entity as prescribed in Sec. 62 of RA 10142, or other similar arrangements as may be approved by the court or creditors. [Sec. 4, RA 10142]. Rehabilitation receiver. The person or persons, natural or juridical, appointed as such by the court pursuant to RA 10142 and which shall be entrusted with such powers and duties as set forth therein. [Sec. 4, RA 10142]. Rehabilitation receivership. Corp. Law. The placement of a distressed company under rehabilitation, followed by the appointment of a management which shall
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hold in trust all assets of a corporation under rehabilitation receivership for the equal benefit of all creditors to preclude one from obtaining an advantage or preference over another by the expediency of attachment, execution or otherwise. Rehabilitee. A disabled individual undergoing rehabilitation (student-rehabilitee or trainee) or who has finished a prescribed course in rehabilitation in which he is known as a graduate-rehabilitee or trainee. [Sec. 1, Rule 9, Rules on Employees Compensation]. Rehearing. Another hearing of a civil or criminal case by the same court in which the case was originally heard. Reincidencia. See Recidivism. Reincorporation. Corp. Law. The taking out of a new charter by a corporation in order to correct errors or defects in the original incorporation, or to enlarge the powers or limit the liabilities of the corporation, or to lengthen or revive the corporate life. It is an amendment of the charter, and generally, under the statutes, there is no new corporation but the company is the same before reincorporation. Reinstate. Admin. Law. To restore to a state, condition, position, etc. from which one had been removed. [GlobeMackay Cable and Radio Corp. v. NLRC, GR 82511. Mar., 1992]. Reinstatement. Admin. Law. 1. The reappointment of a person who was previously separated from the service through no delinquency or misconduct on his part from a position in the career service to which he was permanently appointed, to a position for which he is qualified. [CSC Rules on Personnel Actions and Policies, Nov. 10, 1975]. 2. Restoration to a state or condition from which one had been removed or separated. [Grolier Intl. v. Amansec, GR 83523. Aug. 31, 1989]. Reinstatement. Labor. A relief granted to an illegally dismissed employee which restores him to the position from which he was removed, that is, to his status quo ante dismissal. Reinstatement should be without loss of seniority rights and other privileges. Reinsurance. The contract made bet. an insurance company and a 3rd party to protect the insurance company from losses. The contract provides for the 3rd party to pay for the loss sustained by the insurance company when the company makes a payment on the original contract. Reinsurance broker. One who, for compensation, not being a duly authorized agent, employee or officer of an insurer in which any reinsurance is effected, act or aids in any manner in negotiating contracts of reinsurance, or placing risks of effecting reinsurance, for any insurance company authorized to do business in the Phils. [Sec. 310, Ins. Code]. Reinsurance contract. 1. A contract by which an insurer procures a 3rd person to insure him against loss or liability by reason of such original insurance. [Sec. 95, IC]. 2. It is for the purpose of distributing or relieving the insurer of a risk that is deemed so large that a payment in case of loss would seriously cripple and endanger the solvency of the original insurer. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil.,
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1999 Ed., p. 97]. 3. The insuring of a risk or part of a risk, by the principal insurer with another insurer known as the reinsurer. In other words, it is insurance of all or part of one insurer's risk by a 2nd insurer, who accepts the risk in exchange for a percentage of the original premium. Compare with Co-insurance. Reinsurance treaty. It is merely an agreement bet. 2 insurance companies whereby one agrees to cede and the other to accept reinsurance business pursuant to provisions specified in the treaty. [Phil. Amer. Life Ins. Co. v. Auditor Gen., GR L-19255. Jan. 18, 1968]. REIT. Real Estate Investment Trust. REIT Plan. The plan, incl. its amendments, of the Real Estate Investment Trust (REIT) registered with the SEC. [Sec. 3, RA 9856]. Reiteracion. Also Habituality. An aggravating circumstance in which the offender shall have been punished previously for an offense to which the law attaches an equal or greater penalty or for 2 or more crimes to which it attaches a lighter penalty. [People v. Real, GR 93436. Mar. 24, 1995]. Rejoinder. 1. The 2nd pleading on the part of the defendant, being his answer to the plaintiffs replication [or reply]. 2. Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side. See Rebuttal. Related. Belonging to the same family, group, or type; connected. Related Corporation. 1. A subsidiary or affiliate of a GOCC. [Sec. 3, RA 10149]. 2. The parent, subsidiary or affiliate of the Real Estate Investment Trust (REIT). [Sec. 3, RA 9856]. Related Party. [It] includes: i. The director, officer or principal stockholder of the Real Estate Investment Trust (REIT) or associate of such persons; ii. The sponsor or promoter of the REIT; iii. The fund manager of the REIT; iv. The adviser of the REIT; v. The property manager of the REIT; vi. A director, principal shareholder or principal officer of the sponsor or promoter of the REIT, REIT's fund manager or property manager, or associate of any such persons; and vii. Related corporation to the REIT. [Sec. 3, RA 9856]. Related theoretical instructions. Technical information based on apprenticeship standards approved by the Bu. of Apprenticeship designed to provide the apprentice theoretical competence in his trade. [Sec. 2, Rule 6, Book 3, IRR of LC]. Relation. A logical or natural association bet. 2 or more things; relevance of one to another; connection. Relations back. The principle that an act done at a later time is deemed by law to have occurred at an earlier time. Also called Relation back. Relations back doctrine. That principle of law by which an act done at one time is considered by a fiction of law to have been done at some antecedent period. It is a doctrine that, although of equitable origin, has a well recognized application to proceedings at law; a legal fiction invented to promote the ends of justice or to prevent injustice and the occurrence of injuries where otherwise there would be no remedy. [Allied Bank-
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ing Corp. v. CA, GR L-85868 Oct. 13, 1989]. Also called Relation back doctrine. Relationship. The way in which 2 or more concepts, objects, or people are connected, or the state of being connected. See Intra-corporate relationship. Relationship proximity. This is determined by the number of generations. Each generation forms a degree. [Art. 963, CC]. Relationship test. The test used in determining whether a dispute constitutes an intra-corporate controversy [that involves a] consideration of the intracorporate relationship existing bet. or among the parties. [Sunset View Condo. Corp. v. Campos, Jr., 104 SCRA 295; Philex Mining Corp. v. Reyes, 118 SCRA 502; Desa Ent., Inc. v. SEC, 117 SCRA 321]. Compare with Nature of controversy test. Relative. 1. N. A person connected by blood or marriage. 2. Adj. Considered in relation or in proportion to something else. Relative humidity. The amount of water vapor in the air, expressed as a percentage of the maximum amount that the air could hold at the given temperature. Relative poverty. The gap bet. the rich and the poor. [Sec. 3, RA 8425]. Relative simulation of a contract. It takes place when the parties conceal their true agreement. [Art. 1345, CC]. A relative simulation, when it does not prejudice a 3rd person and is not intended for any purpose contrary to law, morals, good customs, public order or public policy binds the parties to their real agreement. [Art. 1346, CC]. Relatives. Any and all persons related to a public official or employee within the 4th civil degree of consanguinity or affinity, incl. bilas, inso and balae. [Sec. 3, RA 6713]. Relatives in government. They include relatives up to the 4th civil degree of relationship, either by consanguinity or affinity, including bilas, inso and balae. [CSCs Guidelines on the use of the rev. SALN form]. Relativity. A state of dependence in which the existence or significance of one entity is solely dependent on that of another. Relativity of contracts. 1. The principle of Civil Law that a contract can only bind the parties who had entered into it or their successors who have assumed their personality or their judicial position, and that, as a consequence, such contract can neither favor nor prejudice a 3rd person. 2. Contracts take effect only bet. the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law. [Art. 1311, CC]. Relator. An informer; a person who has supplied the facts required for a criminal prosecution or a civil suit. Relevancy. Evid. Such a relation [that the evidence must have] to the fact in issue as to induce belief in its existence or non-existence. [Sec. 4, Rule 128, RoC]. Relevant. Closely connected or appropriate to the matter at hand.
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Relevant evidence. Evidence which tends in any reasonable degree to establish the probability or improbability of a fact in issue. It is of a lesser degree of reliability as evidence than material evidence. [Evidence: Basic Principles and Selected Problems, J. Benipayo, UST Law Review, Vol. XLVIII, Jan.-Dec. 2004]. Relics. Cultural properties which, either as a whole or in fragments, are left behind after the destruction or decay of the rest of its parts and which are intimately associated with important beliefs, practices, customs and traditions, periods and personages. [Sec. 3, RA 4846]. Relief. 1. Rem. Law. The redress sought or prayed for by the plaintiff. [Bachrach v. Icaringal, 68 Phil. 287]. Compare with Remedy. 2. Admin. Law. The whole or part of any grant of money, assistance, license, authority, privilege, exemption, exception, or remedy; recognition of any claim, right, immunity, privilege, exemption or exception; or taking of any action upon the application or petition of any person. [Sec. 2, Chap. 1, Book VII, EO 292]. RELIEF. See Reconciliation of Listing for Enforcement. Relief from judgment, Petition for. The petition which a party may file in such court and in the same case where a judgment or final order is entered, or any other proceeding is thereafter taken against such party through fraud, accident, mistake, or excusable negligence, praying that the judgment, order or proceeding be set aside. [Sec. 1, Rule 38, RoC]. See Petition for relief from judgment. Relief from judgment. Rem. Law. 1. A remedy provided by law to any person against whom a decision or order is entered through fraud, accident, mistake, or excusable negligence. [Basco v. CA, 392 Phil. 251, 263 (2000)]. 2. A remedy, equitable in character, that is allowed only in exceptional cases when there is no other available or adequate remedy. When a party has another remedy available to him, which may either be a motion for new trial or appeal from an adverse decision of the trial court, and he was not prevented by fraud, accident, mistake, or excusable negligence from filing such motion or taking such appeal, he cannot avail of the remedy of petition for relief. [Insular Savings & Trust Company v. Sps. Runes, 479 Phil. 995, 1006 (2004)]. Religion. 1. Any specific system of belief, worship, conduct, etc., often involving a code of ethics and a philosophy. [Cruz, Constl. Law, 1998 Ed., p. 171]. 2. A profession of faith to an active power that binds and elevates man to his Creator. [Aglipay v. Ruiz, 64 Phil. 201]. Religious profession and worship, Right to. It has a 2-fold aspect, viz: freedom to believe and freedom to act on one's beliefs. The 1st is absolute as long as the belief is confined within the realm of thought. The 2nd is subject to regulation where the belief is translated into external acts that affect the public welfare. [Cruz, Constl. Law, 1998 Ed., p. 181]. REM. See Renewable Energy Market. Remainder. A part, number, or quantity that is left over.
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Remainderman. The person who inherits property when someone passes away, and has executed a "life estate deed." Remaining economic life. The period of time (years) from the date of appraisal to the date when the machinery becomes valueless. [Sec. 3, PD 464]. Remaining value. The value corresponding to the remaining useful life of the machinery. [Sec. 3, PD 464]. Remains. The body of a dead person. [Sec. 89, PD 856]. Remand. 1. To send a dispute back to the court where it was originally heard. Usu., it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling. 2. To send back. The sending by the appellate court of the cause back to the same court out of which it came, for purpose of having some further action taken on it there. 3. To send back (a case) to a lower court with instructions about further proceedings. Remanente liquido. Sp. Net remainder. [Manuel v. Losano, GR L-12065, July 2, 1918]. Remanente liquido (haber ganancial). Sp. The net remainder resulting from the liquidation of the affairs of the [conjugal] partnership after its dissolution to which he interest of each spouse is limited. [Abalos v. Macatangay, Jr., GR 155043, Sept. 30, 2004]. Remedial. Giving or intended as a remedy or cure. Remedial or Adjective law. That branch of law which prescribes the method of enforcing rights or obtains redress for their invasion. [Bustos v. Lucero, GR L2068. Oct. 20, 1948]. Compare with Substantive law. Remedial statute. 1. A statute that does not create new rights or take away rights that are already vested. It only operates in furtherance of a remedy or confirmation of rights already in existence. It does not come within the legal purview of a prospective law. As such, it can be applied retroactively independent of the general rule against the retrospective application of statutes. [Casabar v. Sino Cruz, GR L-6882, Dec. 29, 1954]. 2. Being procedural in nature, it shall apply to all actions pending at the time of its enactment except only with respect to those cases which had already attained the character of a final and executory judgment. [People v. Sumilang, 77 Phil 764 (1946); Mun. Govt. of Coron, Palawan v. Cario, 154 SCRA 216 (1987)]. See Curative statutes. Remedy. 1. Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated. 2. The means by which a right is enforced or the violation of a right is prevented, redressed, or compensated. Compare with Relief. Remit. 1. To cancel or refrain from exacting or inflicting a debt or punishment. 2. To transmit money in payment. Remission. The cancellation of a debt, charge, or penalty. See Condonation. Remission. Requisites. For remission to result in the total or partial extinguishment of the obligation, the following requisites must concur: (a) It must be gratu-
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itous; (b) it must be accepted by the obligor; and (c) the obligation must be demandable. Remittance. The amount of the foreign exchange earnings remitted by a contract worker or seaman to any beneficiary in the Phils. through the Phil. banking system. [Sec. 1, Rule 1, IRR of LC]. Remitted. Forwarded, sent, or transmitted. [Bank of America NT & SA v. CA, GR 103092. July 21, 1994]. Remittitur. The remand of the record to the lower court. [Sebastian Enterprises v. CA, GR L-41862. Feb. 7, 1992]. Remodeling. The introduction of some changes in the shape or form of the body of the motor vehicle. [Sec. 2, RA 6539]. Removal. The term imports the separation of the incumbent before the expiration of his term [which] is allowed by the Consti. only when it is for cause as provided by law. [Achacoso v. Macaraig, GR 93023. Mar.13, 1991]. Removal, sale or pledge of mortgaged property. Crim. Law. The felony committed by any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of the execution of the mortgage, without the written consent of the mortgagee, or his executors, administrators or assigns, or by any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record hereof in the office of the Register of Deeds of the province where such property is located. [Art. 319, RPC]. Remuneration. Money paid for work or a service. Remunerative. Affording remuneration; profitable. Remuneratory. Remunerative. Remuneratory contract. A con-tract the cause of which is the service or benefit to be remunerated. [Art. 1350, CC]. Remuneratory donation. One where the donee gives something to reward past or future services or because of future charges or burdens, when the value of said services, burdens or charges is less than the value of the donation. [De Luna v. Abrigo, GR 57455. Jan. 18, 1990]. Compare with Simple donation or Onerous donation. Remuneratory sanction. A sanction in the form of a reward withheld for failure to comply with the law. Render judgment. To pronounce, declare, or state the decision of the court in a particular case. Rendition. This occurs when the judge's decision is officially announced, either orally in open court or by signed memorandum filed with the clerk. Rendition of judgment. The filing of the signed decision with the clerk of court, and not the pronouncement of the judgment in open court. Before such filing, the decision may still be subject to amendment and change and may not yet be considered effective and binding.
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[Ago v. CA, GR L-17898. Oct. 31, 1962]. Compare with Promulgation. Renew. To make new again; to restore to freshness; to make new spiritually; to regenerate; to begin again; to recommence; to resume; to restore to existence; to revive; to re-establish; to recreate; to replace; to grant or obtain an extension of. [Alhambra Cigar v. SEC, GR L-23606. July 29, 1968]. Renewable. Capable of being renewed. Renewable energy. Energy that comes from natural resources such as sunlight, wind, rain, tides, waves and geothermal heat. Renewable Energy Act of 2008. RA 9513 entitled An Act promoting the Development, Utilization and Commercialization of Renewable Energy Resources and for other purposes enacted on Dec. 16, 2008. Renewable Energy Market (REM). The market where the trading of the RE certificates equivalent to an amount of power generated from RE resources is made. [Sec. 4, RA 9513]. Renewable Energy Policy Framework (REPF). The long-term policy developed by the DOE which identifies among others, the goals and targets for the development and utilization of renewable energy in the country. [Sec. 4, RA 9513]. Renewable Energy Resources (RE Resources). 1. Energy resources that do not have an upper limit on the total quantity to be used. Such resources are renewable on a regular basis, and whose renewal rate is relatively rapid to consider availability over an indefinite period of time. These include, among others, biomass, solar, wind, geothermal, ocean energy, and hydropower conforming with internationally accepted norms and standards on dams, and other emerging renewable energy technologies. [Sec. 4, RA 9513]. 2. Energy resources that do not have an upper limit on the total quantity to be used. Such resources are renewable on a regular basis and the renewable rate is rapid enough to consider availability over an indefinite time. These include, among others, biomass, solar, wind, hydro and ocean energy. [Sec. 4, RA 9136]. Renewable Energy Service (Operating) Contract (RE Contract). The service agreement bet. the Govt., through the DOE, and RE Developer over a period in which the RE Developer has the exclusive right to a particular RE area for exploration and development. The RE Contract shall be divided into 2 stages: the pre-development stage and the development or commercial stage. The preliminary assessment and feasibility study up to financial closing shall refer to the pre-development stage. The construction and installation of facilities up to operation phase shall refer to the development stage. [Sec. 4, RA 9513]. Renewable energy sources. Energy sources that do not have an upper limit on the total quantity to be used. Such resources are renewable on a regular basis. [Sec. 3, RA 9367]. Renewable Energy (Systems) Developers or RE Developers. Individual/s or a group of individuals formed in accordance with existing Philippine Laws engaged in the exploration, development and utilization of RE resources and actual operation of RE systems or facilities. [Sec. 4, RA 9513].
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Renewable Energy Systems (RE Systems). Energy systems which convert RE resources into useful energy forms, like electrical, mechanical, etc. [Sec. 4, RA 9513]. Renewable Portfolio Standards. A market-based policy that requires electricity suppliers to source an agreed portion of their energy supply from eligible RE resources. [Sec. 4, RA 9513]. Renounce. To formally declare one's abandonment of a claim, right, or possession. Renovation. Any physical change made on a building or structure to increase its value, utility and/or to improve its aesthetic quality. Rent. 1. The consideration paid by a tenant to a landlord in exchange for the exclusive use and enjoyment of land, a building or a part of a building. Under normal circumstances, the rent is paid in money and at regular intervals, such as the 1st of every month. The word has also come to be used as a verb as in to rent an apartment, although the proper legal term would be to lease an apartment. 3. The amount paid for the use or occupancy of a residential unit whether payment is made on a monthly or other basis. [Sec. 3, RA 9653]. Rent Control Act of 2009. RA 9653 entitled An Act Establishing Reforms in the Regulation of Rent of Certain Residential Units, Providing the Mechanisms Therfor and for Other Purposes enacted on July 14, 2009. Rent Control Law. BP 877 entitled An Act providing for the stabilization and regulation of, rentals of certain residential units for other purposes enacted on June 12, 1985. Rental. 1. The amount paid for the use or occupancy of a residential unit whether payment is made on a monthly or other basis. [Sec. 2, BP 877; Sec.4, RA 9161]. 2. The amount paid for the use of dwelling units or land on which another's dwelling is located whether payment is made on a 15-day, monthly or other basis. [Sec. 2, RA 6359; Sec. 2, RA 6126]. Rental value. The value as ascertained by proof of what the property would rent or by evidence of other facts from which the fair rental value may be determined. [Asian Transmission Corp. v. Canlubang Sugar Estates, GR 142383, Aug. 29, 2003]. Renunciation. Nego. Inst. The act of surrendering a right or claim without recompense, but it can be applied with equal propriety to the relinquishing of a demand upon an agreement supported by a consideration. [From Sec. 122, NIL]. Renvoi. Fr. A sending back. The referring of a dispute or other legal question to a jurisdiction other than that in which it arose. Renvoi doctrine. Fr. Refer back. 1. The doctrine holding that court of the forum, in determining the question before it, must take into account the whole law of the other jurisdiction, but also its rules as to conflict of laws, and then apply the law to the actual question which the rules of the other jurisdiction prescribe. This may be the law of the forum. [In re: Aznar v. Christensen, GR L-16749. Jan. 31, 1963]. 2. The application of the conflict rules of one state by the court or tri-
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bunal of another state, in order to solve a conflict of laws problem. Reorganization. 1. Admin. Law. A recognized valid ground for separation of civil service employees, subject only to the condition that it be done in good faith. [Domingo v. DBP, 207 SCRA 766]. 2. Corp Law. (a) A reorganization under the supervision of a court of competent jurisdiction; (b) a merger or consolidation; (c) a sale of 75% or more in value of the assets of a company; (d) a restatement of the capital of a company, or an exchange of securities issued by a company for any of its own outstanding securities; (e) a voluntary dissolution or liquidation of a company; (f) a recapitalization or other procedure or transaction which has for its purpose the alteration, modification, or elimination of any of the rights, preferences, or privileges of any class of securities issued by a company, as provided in its charter or other instrument creating or defining such rights, preferences, and privileges; (g) an exchange of securities issued by another company or companies, preliminary to and for the purpose of effecting or consummating any of the foregoing; or (h) any exchange of securities by a company which is not an investment company for securities issued by a registered investment company. [Sec. 3, RA 2629]. Reorganization in good faith. Admin. Law. A reorganization designed to trim the fat off the bureaucracy and institute economy and greater efficiency in its operation. It is not a mere tool of the spoils system to change the face of the bureaucracy and destroy the livelihood of hordes of career employees in the civil service so that the new-powersthat-be may put their own people in control of the machinery of govt. [Blaquera v. CSC, GR 103121. Sep. 10, 1993]. Repacker of wines or distilled spirits. All persons who remove wine or distilled spirits from the original container for repacking and selling the same at wholesale. [Sec. 1, PD 426]. Repainting. Changing the color of a motor vehicle by means of painting. There is repainting whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation (Office). [Sec. 2, RA 6539]. Repair. The term presupposes decay, dilapidation, injury, or partial destruction of the repaired element; that is, bringing back broken or damaged parts of a structural whole to their original condition [Chao v. Aguilar, 103 Phil., 219; 54 Off. Gaz. (30) 7225]. Repair and service firm. Any business establishment, engaged directly or indirectly, in the repair, service or maintenance of any consumer product. [Art. 4, RA 7394]. Reparation. Payment or otherwise making amends for an injury or damages that have been committed on or to another. Repatriate. To restore or return to one's country of origin, allegiance, or citizenship. [Bengson III v. HRET. GR 142840, May 7, 2001]. Repatriation. 1. Restoration of citizenship. It is not a grant of a new citizenship, but a recovery of one's former or original citizenship. Bengson III v. HRET. GR 142840, May 7, 2001]. 2. Regaining nationality after expatriation. The return to ones own country of investments held by foreigners.
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Repatriation guarantee. Intl. Law. The assurance of a host state govt. that foreign investors will be able to take out of the state both the investment capital they brought in and the profits they earned. Repeal. To revoke or annul a law or congressional act. Repealing clause. That part of the statute which announces the legislative intent to terminate or revoke another statute or statutes. [Suarez, Stat. Con., (1993), p. 50]. Repeat order. A form of negotiated purchase whereby a[n] LGU buys from the same supplier, the same items at the same terms and conditions as the original purchase within 3 months therefrom. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. REPF. See Renewable Energy Policy Framework. Rephrase. To phrase anew or in a new form. [Lokin v. Comelec, GR 179431-32, GR 180443, June 22, 2010]. Replace. 1. To take the place of. 2. To provide or find a substitute for something that is broken, old, or inoperative. Replacement. A person or thing that takes the place of another. Replacement check. A check drawn as payment of an obligation which was not satisfied or covered by the 1st check earlier issued and which was dishonored by the drawee bank. Replacement or Reproduction cost. The cost that would be incurred on the basis of current prices, in acquiring an equally desirable substitute property, or the cost of reproducing a new replica property on the basis of current prices with the same or closely similar material. [Sec. 3, PD 464]. See Appraisal value. Replanting program. The program formulated by the PCA to replenish the coconut trees which have been permitted to be cut by the PCA. [Sec. 3, RA 8048]. Replevied. [The term], used in its technical sense, means delivered to the owner. [Tillson v. CA, GR 89870, May 28, 1991]. Replevin. Also Delivery of personal property. 1. An action for the recovery of a possession that has been wrongfully taken. 2. A provisional remedy in the form of an order issued by a judge before whom an action praying for the recovery of possession of personal property is pending, for the delivery of such property to the movant upon the filing by the latter of a bond to guarantee its return or to answer for damages. 3. Broadly understood, it is both a form of principal remedy and of a provisional relief. It may refer either to the action itself, i.e., to regain the possession of personal chattels being wrongfully detained from the plaintiff by another, or to the provisional remedy that would allow the plaintiff to retain the thing during the pendency of the action and hold it pendente lite. [Tillson v. CA, 197 SCRA 587, 598]. Replevy. To re-deliver goods which have been distrained to the original possessor of them, on his giving pledges in an action of replevin. [Tillson v. CA, GR 89870. May 28, 1991].
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Replicate. To make an exact copy of; reproduce. Replication. The process of manufacturing optical media by reproducing or generating copies of the stamper in an injection molding machine or other forms of replicating equipment. [Sec. 3, RA 9239]. Reply. Rem. Law. 1. A pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party does not file such reply, all the new matters alleged in the answer are deemed controverted. [Sec. 11, Rule 6, RoC]. 2. The response by a party to charges raised in a pleading by the other party. Report. Something that gives information or a usu. detailed account or statement. [Rural Bank of San Miguel, Inc. v. Monetary Board, GR 150886, Feb. 16, 2007]. Compare with Examination. Represent. To be entitled or appointed to act or speak for someone, esp. in an official capacity. Representation. The basis for agency, that is, the agent acts for and on behalf of the principal on matters within the scope of his authority and said acts have the same legal effect as if they were personally executed by the principal. [Bordador v. Luz, 347 Phil. 654, 662 (1997); Eurotech Industrial Technologies, Inc. v. Cuizon, GR 167552, 23 Apr. 2007]. Representation officer. 1. A person duly authorized to conduct and supervise certification elections. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. A person duly authorized to conduct and supervise certification elections in accordance with Rule VI of the Implementing Rules of the Labor Code. [Algire v. De Mesa, GR 97622. Oct. 19, 1994]. Representation right. Succ. 1. A right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited. [Art. 970, CC]. 2. The right of representation takes place in the direct descending line, but never in the ascending. In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood. [Art. 972, CC]. Representations. Ins. Statements made to give information to the insurer and otherwise induce him to enter into the insurance contract. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 46]. Representative. 1. A person who represents or stands in the place of another; one who represents others or another in a special capacity, as an agent, and is interchangeable with agent." [Fortune Ins. v. CA, GR 115278. May 23, 1995]. 2. The person authorized to file an application for legal aid in behalf of the applicant when the said applicant is prevented by a compelling reason from personally filing his application. As a rule, it refers to the immediate family members of the applicant. However, it may include any of the applicants relatives or any person or concerned citizen of sufficient discretion who has firsthand knowledge of the personal circum-
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stances of the applicant as well as of the facts of the applicants case. [Sec. 1, Art. 2, AM 08-11-7-SC (IRR), Sept. 10, 2009]. Representative assembly. The full membership of a body of representatives elected by each of the sectors, chapter or district o the cooperative duly assembled for the purpose of exercising such powers lawfully delegated unto them by the general assembly in accordance with its bylaws. [Sec. 1, RA 9520]. Representative party. Someone acting in a fiduciary capacity. He may be a trustee, guardian, executor or administrator, or a party authorized by law or the Rules of Court. An agent acting in his own name and for the benefit of an undisclosed principal who may sue or be sued without joining the principal except when the contract involves things belonging to the principal. [Sec. 3, Rule 3, RoC]. Representative suit. The term is akin to a class suit in the limited sense that the phrases found in Sec. 12 of Rule 3 [of the Rules of Court], "one or more may sue or defend for the benefit of all," and "the parties actually before it are sufficiently numerous and representative," are similar to the phrase "may sue or be sued without joining the party for whose benefit the action is presented or defended" found in Sec. 3 of the same Rule. In other words, both suits are always filed in behalf of another or others. That is why the 2 terms are sometimes used interchangeably. [Liana's Supermarket v. NLRC, GR 111014. May 31, 1996]. Reprieve. The temporary suspension of the execution of a sentence, esp. of a sentence of death. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. Reprimand. A public and formal censure or severe reproof, administered to a person in fault by his superior officer or a body to which he belongs. [Tobias v. Veloso, GR L-40224. Sep. 23, 1980]. Reprisal. Intl. Law. 1. Unlawful acts taken by one state in retaliation for the also unlawful acts of another state, the purpose being to bring the offending state to terms. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 126]. 2. The act of punishing another for some injury the latter caused. An act of self-help by the injured state, responding - after an unsatisfied demand - to an act contrary to international law committed by the offending state. Its object is to effect reparation from the offending state for the offense or a return to legality by the avoidance of further offenses. The UN Gen. Assembly in its 1970 Declaration on Principles of Intl. Law declared that "States have a duty to refrain from acts of reprisal involving the use of force." Resolution 2625 (XXV). Reprobate. A special proceeding to establish the validity of a will proved in a foreign country. [Bench Book for Trial Court Judges, p. 3-1]. Reproduction cost. See Replacement cost. Reproductive Health (RH). The state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have a responsible, safe, consensual and satisfying sex
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life, that they have the capability to reproduce and the freedom to decide if, when, and how often to do so. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction. [Sec. 4, RA 10354]. Reproductive health and sexuality education. A lifelong learning process of providing and acquiring complete, accurate and relevant age- and development-appropriate information and education on reproductive health and sexuality through life skills education and other approaches. [Sec. 4, RA 10354]. Reproductive health care. The access to a full range of methods, facilities, services and supplies that contribute to reproductive health and well-being by addressing reproductive health-related problems. It also includes sexual health, the purpose of which is the enhancement of life and personal relations. [Sec. 4, RA 10354]. Reproductive health care. Elements include: (1) Family planning information and services which shall include as a 1st priority making women of reproductive age fully aware of their respective cycles to make them aware of when fertilization is highly probable, as well as highly improbable; (2) Maternal, infant and child health and nutrition, incl. breastfeeding; (3) Proscription of abortion and management of abortion complications; (4) Adolescent and youth reproductive health guidance and counseling; (5) Prevention, treatment and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs); (6) Elimination of violence against women and children and other forms of sexual and gender-based violence; (7) Education and counseling on sexuality and reproductive health; (8) Treatment of breast and reproductive tract cancers and other gynecological conditions and disorders; (9) Male responsibility and involvement and mens reproductive health; (10) Prevention, treatment and management of infertility and sexual dysfunction; (11) Reproductive health education for the adolescents; and (12) Mental health aspect of reproductive health care. [Sec. 4, RA 10354]. Reproductive health care program. The systematic and integrated provision of reproductive health care to all citizens prioritizing women, the poor, marginalized and those invulnerable or crisis situations. [Sec. 4, RA 10354]. Reproductive health rights. The rights of individuals and couples, to decide freely and responsibly whether or not to have children; the number, spacing and timing of their children; to make other decisions concerning reproduction, free of discrimination, coercion and violence; to have the information and means to do so; and to attain the highest standard of sexual health and reproductive health: Provided, however, That reproductive health rights do not include abortion, and access to abortifacients. [Sec. 4, RA 10354]. Reproductive Tract Infection (RTI). Sexually transmitted infections (STIs), and other types of infections affecting the reproductive system. [Sec. 4, RA 10354]. Republic. A form of government in which the country is considered a "public matter" (Latin: res publica), not the private concern or property of the rulers, and
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where offices of state are subsequently directly or indirectly elected or appointed rather than inherited. In modern times, a common simplified definition of a republic is a government where the head of state is not a monarch. Republic Acts. Statutes approved by the Phil. Congress from 1942 to 1972 [and from 1987 to present]. [Suarez, Stat. Con., (1993), p. 42]. Republic of the Philippines. The name by which the Phils. is officially known [Filipino: Repblika ng Pilipins]. Republicae ut sin finis litium. Lat. It is to the interest of the state that there should be an end to litigation. [Allied Banking Corp. v. CA, GR 108089. Jan. 10, 1994]. Republican form of government. Pol. Law. A form of govt. in which all powers are vested in the executive, legislative and judiciary. [City of Manila v. Posadas, GR 23551. Nov. 25, 1925]. Republican government. Pol. Law. A govt. which is run by the people through their chosen representatives who, in turn, are accountable to the sovereign will of the people. They derive their mandate from the people who elect them for a period or term that is fixed by law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 56-57]. Republication. Something that has been published again; a fresh publication as of a literary work. Republication of wills. Succ. An act of the testator whereby he reproduces in a subsequent will the dispositions contained in a previous will which is void as to its form or executes a codicil to his will. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 131]. See Revival of wills. Repudiate. 1. To refuse to accept or be associated with. 2. To deny the truth or validity of. Repudiation. Succ. 1. An act by virtue of which an heir, legatee or devisee manifests his desire in accordance with the formalities prescribed by law not to succeed to the inheritance, legacy, or devise. 2. A renunciation of the inheritance made in a public or authentic instrument, or by petition presented to the court having jurisdiction over the testamentary or intestate proceedings. [Art. 1051, CC]. Compare with Acceptance. Repurchase. The term is synonymous with the term redeem in pacto-de-retro sales. Reputation. 1. The consideration or estimation in which a person is held esp. by the community or the public generally. [PCIB v. IAC, GR 73610. Apr. 19, 1991]. 2. It is what people think an individual is and what they say about him. [PCIB v. IAC, GR 73610. Apr. 19, 1991, De Luxe 4th Ed., p. 1468]. Request for admission. Also, Request to Admit. 1. A written request which a party, at any time after issues have been joined, may serve upon any other party for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth in the request. Copies of the documents shall be delivered with the request unless copies have already been furnished. [Sec. 1, Rule 26, RoC]. 2. Written statements of
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facts concerning a case which are submitted to an adverse party and which that party must admit or deny; a discovery device. Request for subpoena or production of documents. 1. A formal request made by a party who desires the production of documents for the issuance of the necessary subpoena duces tecum at least 3 days before the scheduled hearing. [Sec. 7, AO 23 dated Dec. 17, 1992]. 2. A direction or command served upon another party for production of specified documents for review with respect to a suit; a discovery device. Request to admit. See Request for Admission. Requisition and issue voucher (RIV). A voucher used in the requisition of supplies or property carried in stock. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. RERB. See Resident Election Registration Board. Res. Lat. A thing. The vessel or cargo to which a maritime lien attaches. Res adjudicata. A common but indefensible misspelling of res judicata. The latter term designates a point or question or subject matter which was in controversy or dispute and has been authoritatively and finally settled by the decision of a court; that issuable fact once legally determined is conclusive as bet. the parties in same action or proceeding. Res adjudicata [if there be such a term] could only mean an article or subject of property 'awarded to' a given person by the judgment of a court, which might perhaps be the case in replevin and similar actions. Res adjudicata. Essential requisites: (a) There must be a final judgment or order; (b) said judgment or order must be on the merits; (c) the court rendering the same must have jurisdiction over the subject matter and the parties; and (d) there must be bet. the 2 cases identity of parties, identity of subject matter and identity of cause of action. [Mla. Golf & Country Club, Inc., GR 64948. Sep. 27, 1994]. Res gestae. Lat. Things done. Those exclamations and statements made by either the participants, victims, or spectators to a crime immediately before, during, or immediately after the commission of the crime, when the circumstances are such that the statements were made as a spontaneous reaction or utterance inspired by the excitement of the occasion and there was no opportunity for the declarant to deliberate and to fabricate a false statement. [People v. Sanchez, GR 74740. Aug. 28, 1992]. Res gestae. Elements: (a) There must be a startling occurrence [enough to produce nervous excitement and to keep the will dormant so far as any deliberation in concocting matters for speech or selecting words is concerned]; (b) the statement must relate to the circumstances of the startling occurrence; and (c) the statement must be made before the declarant had time to contrive or devise. [Sec. 42, Rule 130, RoC]. Res gestae doctrine. Lat. Things done. Doctrine that is a recognized exception to the rule against hearsay evidence based on the belief that, because certain statements are made naturally,
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spontaneously, and without deliberation during the course of an event, they leave little room for misunderstanding or misinterpretation upon hearing by someone else, i.e., by the witness, who will later repeat the statement to the court, and thus the courts believe that such statements carry a high degree of credibility. Res inter alios acta aliis non nocet. Lat. The act and declaration of one cannot and should not harm others. Res inter alios acta alteri nocere non debet. Lat. Things done bet. strangers ought not to injure those who are not parties to them. [People v. Tena, GR 100909. Oct. 21, 1992, 5th Ed., 1979, p. 1178]. Res inter alios acta nobis nec nocet, nec prodest. Lat. A transaction bet. 2 parties ought not to operate to the prejudice of a 3rd person. [Tinitigan v. Tinitigan, GR L-45418. Oct. 30, 1980]. Res inter alios acta nocere non debet. Lat. Things done bet. strangers ought not to injure those who are not parties to them. [Napocor v. NLRC, GR 90933-61. May 29, 1997 1178, 5th Ed., 1979]. Res inter alios judicatae nullum aliis praejudicium faciunt. Lat. Matters adjudged in a cause do not prejudice those who were not parties to it. [Tan v. Barrios GR 85481-82. Oct. 18, 1990]. Res ipsa loquitur. Lat. The thing speaks for itself. Doctrine of Torts and Damages. 1. Where the thing which caused the injury complained of is shown to be under the management defendant or his servants and the accident is such as in the ordinary course of things does not happen if those who have its management or control use proper care, it affords reasonable evidence, in absence of explanation by defendant, that the accident arose from want of care. [Africa v. Caltex, GR L-12986. Mar. 31, 1966]. 2. Rebuttable presumption or inference that defendant was negligent, which arises upon proof that [the] instrumentality causing injury was in defendant's exclusive control, and that the accident was one which ordinary does not happen in absence of negligence. Res ipsa loquitur. Requisites: A rule of evidence whereby negligence of the alleged wrongdoing may be inferred from the mere fact that the accident happened, provided that: (a) the occurrence is the kind of thing that does not ordinarily happen without negligence; (b) the occurrence must have been caused by an agency or instrumentality within the exclusive control of the defendant; (c) the occurrence was not due to contribution or voluntary action by the plaintiff; it is used to state the fact that the situation itself implies negligence or a duty to compensate whether negligence is in fact proved or not; it is a rebuttable presumption that defendant was negligent, which arises upon proof that the instrumentality causing injury was in defendant's exclusive control, and that the accident was one which ordinarily does not happen in absence of negligence. [Rodriguez v. CA, GR 121964. June 17, 1997]. Res ipsa loquitur doctrine. Lat. The thing itself speaks. A doctrine of law that one is presumed to be negligent if he had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negli-
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gence, and without negligence the accident would not have happened. Res judicata. Lat. A matter adjudged [or settled by judgment]. 1. The rule that a final judgment or decree on the merits by a court of competent jurisdiction is conclusive of the rights of the parties or their privies in all later suits on points and matters determined in the former suit. [Gutierrez v. CA, GR 82475. Jan. 28, 1991, p. 1470 (Rev. 4th Ed., 1968)]. 2. A rule of civil law that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated by the parties in the same court, or any other trial court. A court will use res judicata to deny reconsideration of a matter. 3. It is governed by Rule 39, Sec. 47(b) of the Rules of Court. [Kilosbayan v. Morato, GR 118910. July 17, 1995]. Also Preclusion of claims. Res judicata. Elements: (a) The former judgment must be final; (b) the court which rendered it had jurisdiction over the subject matter and the parties; (c) it must be a judgment on the merits; and, (d) there must be bet. the 1st and the 2nd actions identity of parties, subject matter and causes of action. [Mangoma v. CA, GR 99375. Feb. 1, 1995]. Res judicata doctrine. The doctrine [that] has 2 aspects. The 1st is the effect of a judgment as a bar to the prosecution of a 2nd action upon the same claim, demand or cause of action. The 2nd aspect is that it precludes the relitigation of a particular fact or issues in another action bet. the same parties on a different claim or cause of action. [Lopez v. Reyes, GR L-29498, Mar. 31, 1977, 76 SCRA 179]. Res judicata in prison grey. The criminal law concept of double jeopardy. [The term was used by the Sup. Court in at least 3 cases: Rep. of the Phil. v. Agoncillo, 148-B Phil. 366 (1971), Caes v. IAC, GR 74989-90, Nov. 6, 1989; and Tan v. Barrios GR 85481-82, Oct. 18, 1990]. Res nullius. Lat. Nobodys property. Things which have no owners or which have been intentionally abandoned by their owners. Res perit domino. Lat. The thing perishes for the owner. The maxim refers to the contractual principle that risk in the goods pass with ownership. Res perit domino doctrine. Lat. The thing is lost to the owner. The doctrine that states that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. Res perit domino suo. Lat. 1. The owner bears the risk of loss. 2. The destruction of the thing is the loss of its owner. [2 Bouv. Inst. n. 1456, 1466]. Res publicae. Lat. Public Dominion. [Rep. v. Iglesia ni Cristo, GR 180067, June 30, 2009]. Rescind. 1. To declare a contract void in its inception and to put an end to it as though it never were. [Ocampo v. CA, GR 97442. June 30, 1994, 4th Ed., p. 1471]. 2. To abrogate or cancel a contract putting the parties in the same position they would have been in had there been no contract. Rescissible. Capable of being rescinded. Rescissible contract. A contract validly agreed upon because all the essential
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requisites are present, but by reason of injury or damage to one of the parties or even to a 3rd person, the contract may be rescinded. [Diaz, Bus. Law Rev., 1991 Ed., p. 83]. Rescissible contracts. Contracts which, under Art. 1381 of the Civ. Code, are rescissible, viz: (a) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than 1/4 of the value of the things which are the object thereof; (b) those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number; (c) those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them; (d) those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority; (e) all other contracts specially declared by law to be subject to rescission. [Art. 1381, CC]. Rescission. 1. A subsidiary action which cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same and shall be only to the extent necessary to cover the damages caused. It creates the obligation to return the things which were the object of the contract, together with their fruits, and the price with its interest; consequently, it can be carried out only when he who demands rescission can return whatever he may be obliged to restore. [Art. 1383, 1384 & 1385, CC]. 2. A relief which the law grants on the premise that the contract is valid for the protection of one of the contracting parties and 3rd persons from all injury and damage that contract may cause, or to protect some incompatible and preferential right created by the contract. [Aquino v. Taedo, 39 Phil. 517]. 3. The unmaking or undoing of a contract; repeal. Rescission. Requisites: (a) There must be a case established by law, meaning the contract is rescissible by law; (b) there is no other legal remedy; (c) the party asking for rescission must be in a position to return what he has received under the contract; and (d) the object of the contract must not be in the possession of a 3rd person who acted in good faith. [Diaz, Bus. Law Rev., 1991 Ed., p. 84]. Rescission in fraud of creditors. In order that a contract may be rescinded as in fraud of creditors, it is essential that it be shown that: (a) both contracting parties have acted maliciously and with fraud; (b) the purpose therefor is to prejudice said creditors; (c) the creditors are deprived by the transaction of all means by which they may effect collection of their claims. [Bobis v. Provl. Sheriff of Camarines Norte, GR L-29838. Mar. 18, 1983]. Rescissory action. See Accin pauliana. Research. 1. A careful hunting for facts or truth about a subject; inquiry; investigation. 2. The development of knowledge with the aim of understanding health challenges and mounting an improved response to them. This covers the full spectrum of research in 5 generic areas of activity: (1) measuring the problem; (2) understanding its cause(s); (3) elaborating solutions; (4) translating the solutions or evidence into policy, practice and products; and (5) evaluating the ef-
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fectiveness of solutions. [Sec. 3, RA 10532]. Reserva troncal. Succ. It is a system of reserva by virtue of which an ascendant who inherits from his descendant property which the latter may have acquired by gratuitous title from another ascendant, or a brother or a sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the 3rd degree and who belong to the line from which said property came. [Art. 891, CC]. Reserva troncal. Succ. Persons involved: (a) The ascendant or brother or sister from whom the property was received by the descendant by lucrative or gratuitous title; (b) the descendant or prepositus (propositus) who received the property; and (c) the reservor [reservista], the other ascendant who obtained the property from the prepositus by operation of law and (d) the reservee [reservatario] who is within the 3rd degree from the propositus and who belongs to the line (linea o tronco) from which the property came and for whom the property should be reserved by the reservor. [Solivio v. CA, GR 83484. Feb. 12, 1990]. Reserva troncal. Succ. Requisites: (a) A descendant inherited or acquired by gratuitous title property from an ascendant or from a brother or sister; (b) the same property is inherited by another ascendant or is acquired by him by operation of law from the said descendant, and (c) the said ascendant should reserve the said property for the benefit of relatives who are within the 3rd degree from the deceased descendant [propositus] who belong to the tine from which the property came. [Gonzales v. CFI Branch V, GR L-34395, May 19, 1981]. Reservation. 1. Any tract/s of the public domain proclaimed by the Pres. of the Phils. for govt. use or any of its branches or instrumentalities or of the inhabitants thereof, for public or quasi-public uses or purposes. The different reservations are: (a) civil; (b) forest; (c) military; and (d) watershed. 2. A withdrawal of a specified portion of the public domain from disposal under the land laws and the appropriation thereof, for the time being, to some particular use or purpose of the general govt. Reservatorios. Succ. The 4th person or persons involved in reserva troncal who are relatives of the descendantpropositus for whose benefit the reservation is established. Such relatives must be legitimate relatives of the descendant-propositus within the 3rd degree; they must belong to the line from which the reservable property came; and, they must survive the ascendantreservista. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 262]. Reserve Officers' Training Corps (ROTC). A program institutionalized under Sec. 38 and 39 of RA 7077 designed to provide military training to tertiary level students in order to motivate, train, organize and mobilize them for national defense preparedness. [Sec. 3, RA 9163]. Reserved land. A public land that has been withheld or kept back from sale or disposition. [Natl. Devt. Co. v. Cebu City, GR 51593. Nov. 5,]. Reservista. Succ. The 3rd person involved in reserva troncal who is obliged
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to reserve the property for the benefit of relatives of the descendant propositus who are within the 3rd degree and who belong to the line from which said property came. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 260]. Also known as Ascendant-reservista. Resettlement areas. Areas identified by the appropriate national agency or by the LGU with respect to areas within its jurisdiction, which shall be used for the relocation of the underprivileged and homeless citizens. [Sec. 3, RA 7279]. Residence. 1. The place where he [defendant] is habitually present, and from which when he departs, he intends to return. Equivalent to the term permanent abode and to the word home in the sense of a house to which one, whenever absent, intends to return. [Arevalo v. Quilatan, GR L-57892. Sep. 21, 1982]. 2. A place of abode, whether permanent or temporary; domicile denotes a fixed permanent residence to which when absent, one has the intention of returning. [Larena v. Ferrer, 61 Phil. 36 and Nuval v. Guray 52 Phil. 645]. 3. The place or places of abode of the licensed citizen as indicated in his/her license. [Sec. 3, RA 10591]. 4. Elec. Law. As used in the law prescribing the qualifications for suffrage and for elective office, [the term] is doctrinally settled to mean domicile, importing not only an intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention] inferable from a persons acts, activities, and utterances. [Abella v. Comelec, GR 100710 & 100739, Sept. 3, 1991]. See Domicile. Residence of a corporation. The place where a corporation exercises corporate functions; that it is considered as dwelling in the place where its business is done; as being located where its franchises are exercised; and as being present where it is engaged in the prosecution of the corporate enterprise; that a foreign corporation licensed to do business in a state is a resident of any country where it maintains an office or agent for transaction of its usual and customary business for venue purposes; and that the necessary element in its signification is locality of existence. [Northwest Orient Airlines, Inc. v. CA, GR 112573. Feb. 9, 1995]. Resident. One living in or occupying residential land or one intended to be his home or residence. Under the Urban Land Reform Act (PD 1517), one who utilizes a place as his home. Resident agent. An insurance agent duly appointed by a foreign insurer or broker not authorized to do business in the Phils. to receive in its behalf notices, summons and legal processes in connection with actions or other legal proceedings against such foreign insurer or broker. [Sec. 314, IC]. Resident alien. An individual whose resident is within the Phils. and who is not a citizen thereof. [Sec. 22, NIRC, as amended]. Resident Election Registration Board (RERB). The in-house Election Registration Board in every post and in the OFOV, which processes, approves or disapproves all applications for registration and/or certification as overseas voters, incl. the deactivation, reactivation and cancellation of registration records. [Sec. 2, RA 10590].
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Resident foreign. A foreign corporation not otherwise organized under the laws of the Phils. but engaged in trade or business within the Phils. [Sec. 131, RA 7160]. Resident foreign corporation. A foreign corporation engaged in trade or business within the Phils. [Sec. 22, NIRC, as amended]. Residential. Designed for people to live in. Residential care facility. Facility which provides 24 hour residential care services operated primarily for the purpose of promoting the well-being of abandoned, neglected, unattached or homeless senior citizens. The facility may be run by government or non-stock nonprofit organization and is accredited by the DSWD to serve a minimum of 10 clients. [Art. 5, IRR of RA 9994]. Residential land. Land principally devoted to habitation. [Sec. 3, PD 464]. Residential real property. Any real property, the use of which is limited by law to primarily residential purposes. [Sec. 3, RA 9904]. Residential unit. 1. An apartment, house and/or land on which anothers dwelling is located and used for residential purposes and shall include not only buildings, part or units thereof used solely as dwelling places, boarding houses, dormitories, rooms and bedspaces offered for rent by their owners, except motels, motel rooms, hotels, hotel rooms, but also those used for home industries, retail stores or other business purposes if the owner thereof and his or her family actually live therein and use it principally for dwelling purposes. [Sec. 3, RA 9653]. 2. An apartment, house and/or land on which another's dwelling is located used for residential purposes and shall include not only buildings, parts or units thereof used solely as dwelling places, except motels, motel rooms, hotels, hotel rooms, boarding houses, dormitories, rooms and bedspaces offered for rent by their owners, but also those used for home industries, retail stores or other business purposes if the owner thereof and his family actually live therein and use it principally for dwelling purposes. [Sec. 2, BP 877]. Residents. Natural persons who have their habitual residence in the province, city, or municipality where they exercise their civil rights and fulfill their civil obligations, and to juridical persons for which the law or any other provisions creating or recognizing them fixes their residence in a particular province, city, or municipality. In the absence of such law, juridical persons are residents of the province, city, or municipality where they have their legal residence or principal place of business or where they conduct their principal business or occupation. [Sec. 131, RA 7160]. Residual. Remaining after the greater part or quantity has gone. Residual jurisdiction. Rem. Law. An extension of the original jurisdiction of the trial court for certain specific purposes after the perfection of the appeal but before transmittal of the original record to the appellate court. Compare with Residual prerogatives. Residual jurisdiction of the court. Rem. Law. The jurisdiction retained by the trial court prior to the transmittal of the origi-
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nal record to the appellate court: a. To issue orders for the preservation of the rights of the parties, which do not involve any matter litigated by appeal; b. To approve compromise prior to transmittal of records; c. To permit appeals by an indigent; d. To order execution pending appeal in accordance with Sec. 2, Rule 39, meaning that the motion for execution was filed before the expiration of the period to appeal; and e. To allow withdrawal of the appeals. Residual powers of the President. Pol. Law. 1. Such other powers and functions vested in the Pres. which are provided for under the laws and which are not specifically enumerated above, or which are not delegated by the Pres. in accordance with law [and] which [he] shall exercise, unless Congress provides otherwise. [Sec. 20, Admin. Code of 1987]. 2. The power of the Pres. to protect the general welfare of the people. It is founded on the duty of the Pres., as steward of the people. It is not only the power of the Pres. but also his duty to do anything not forbidden by the Consti. or the laws that the needs of the nation demand. It is a power borne by the President's duty to preserve and defend the Consti. It also may be viewed as a power implicit in the President's duty to take care that the laws are faithfully executed. [Marcos v. Manglapus, GR 88211. Sep. 15, 1989]. Residual prerogatives. Rem. Law. The general residual powers of the courts to dismiss an action motu proprio upon the grounds mentioned in Sec. 1 of Rule 9 of the RoC and under authority of Sec. 2 of Rule 1 of the same rules. [Katon v. Palanca, Jr., GR 151149 Sept. 7, 2004]. Compare with Residual jurisdiction. Residuary estate. That which remains after debts and expenses of the administration, legacies and devisees have been satisfied. Residue. 1. Any foreign substance incl. metabolites, therapeutic or prophylactic agents which are objectionable or hazardous to human health remaining in the meat or meat products as a result of treatment or accidental exposure. [Sec. 4, RA 9296]. 2. Succ. The surplus of a testators estate remaining after all debts and particular legacies have been discharged. Resign. 1. To voluntarily leave a job or other position. 2. To give up an office, power, privilege, etc. Resignation. Labor. 1. A formal pronouncement or relinquishment of an office. It must be made with the intention of relinquishing the office accompanied by an act of relinquishment. [Magtoto v. NLRC, 140 SCRA 58, 71 (1985)]. 2. The voluntary act of an employee who finds himself in a situation where he believes that personnel reasons cannot be sacrificed in favor of the exigency of the service, then he has no other choice but to disassociate himself from his employment. [Intertrod Maritime v. NLRC 198 SCRA 318 (1991)]. 3. An expression by the incumbent in some form, express or implied of the intention to surrender, renounce, or relinquish, the office, and an acceptance by competent and lawful authority. [Gonzales v. Hernandez, GR L15482. May 30, 1961]. Resignation letter. A letter written to announce the author's intent to leave a position currently held, such as an office, employment or commission.
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Resilience. The ability of a system, community or society exposed to hazards to resist, absorb, accommodate and recover from the effects of a hazard in a timely and efficient manner, incl. through the preservation and restoration of its essential basic structures and functions. [Sec. 3, RA 10121]. Resistance and disobedience to a person in authority or the agents of such person. Crim. Law. The felony committed by any person who not being included in the provisions of Art. 148, 149 and 150 of the Rev. Penal Code shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties. [Art. 151, RPC]. Resolution. Admin. Law. 1. An act of a special or temporary character, not prescribing a permanent rule of govt., but is merely declaratory of the will or opinion of a municipal corporation in a given matter, and in the nature of a ministerial or administrative act, and is not a law. [Mascuana v. Prov. Board of Negros Occ., GR L-27013. Oct. 18, 1977]. 2. The formal adoption of a motion. Resolution. Civ. Law. The action referred to in Art. 1191 [of the New Civ. Code which] is based on the defendants breach of faith, a violation of the reciprocity bet. the parties. [Heirs of Quirong v. DBP, GR 173441, Dec. 3, 2009]. Now called as Rescission (under the New Civ. Code). Resolution. Legal Med. A sense of wellbeing and general muscular relaxation which follows orgasm. During resolution, men are unable to have another erection for some time. The time bet. erections (refractory period) generally increases as men age while, in contrast, many women are able to respond to additional stimulation almost immediately after orgasm. [Olarte, Legal Med., 1st Ed. (2004), p. 112]. Resolution. Local Govt. 1. A declaration of the sentiment or opinion of a lawmaking body on a specific matter. [Mascuana v. Provl. Board of Negros Occ., 79 SCRA 399, 405, Oct. 18, 1977]. 2. It is temporary in nature. A 3rd reading is not necessary for a resolution, unless decided otherwise by a majority of all the Sanggunian members. [Mun. of Paraaque v. VM Realty Corp., GR 127820. July 20, 1998]. Compare with Ordinance. Resoluto jure dantis resolvitur jus accipientis. Lat. The right of the grantor being extinguished, the right granted is extinguished. [Saul v. Hawkins, GR 66. May 1, 1902]. Resolutory condition or Condition subsequent. One the happening of which will extinguish the obligation. [Diaz, Bus. Law Rev., 1991 Ed., p. 10]. Compare with Suspensive condition. Resolutory period. The obligation is valid up to a day certain and terminates upon the arrival of the period. Resolutory period (in diem). The obligation takes effect at once but terminates upon the arrival of the period. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Resource. A source of supply or support; an available means. Resource accounting. A process of tracking changes in the environment and natural resources biophysically and
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economically [in monetary terms]. [Sec. 4, RA 8435]. Resource rent. The difference bet. the value of the products produced from harvesting a publicly owned resource less the cost of producing it, where cost includes the normal return to capital and normal return to labor. [Sec. 4, RA 8550]. Resource-based. The utilization of natural resources. [Sec. 4, RA 8435]. Resources reserve. An extensive and relatively isolated and uninhabited are normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning. [Sec. 4, RA 7586]. Resources. The actual assets of any agency of the Govt. such as cash, instruments representing or convertible to money, receivables, lands, buildings, as well as contingent assets, such as estimated revenues applying to the current fiscal period not accrued or collected, and bonds authorized and unissued. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Respect for administrative or practical construction doctrine. [In applying this doctrine,] the courts often refer to several factors which may be regarded as bases of the principle, as factors leading the courts to give the principle controlling weight in particular instances, or as independent rules in themselves. These factors are the respect due the governmental agencies charged with administration, their competence, expertness, experience, and informed judgment and the fact that they frequently are the drafters of the law they interpret; that the agency is the one on which the legislature must rely to advise it as to the practical working out of the statute, and practical application of the statute presents the agency with unique opportunity and experiences for discovering deficiencies, inaccuracies, or improvements in the statute. [Asturias v. Comm. of Customs, GR L-19337, Sept. 30, 1969, 29 SCRA 617, 623]. Respondeat superior. Lat. Let the master answer. 1. The doctrine of respondeat superior has been generally limited in its application to principal and agent or to master and servant [i.e., employer and employee] relationship. No such relationship exists bet. superior officers of the military and their subordinates. [Aberca v. Ver, GR L-69866. Apr. 15, 1988]. 2. A legal principle which transfers liability to the employer for the negligent acts of his employee. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 3. The doctrine that holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of the employees' duties. Respondeat superior doctrine. Lat. Let the master answer. A legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment. Respondent. Rem. Law. 1. The person against whom an appeal is taken. 2. The party that responds to a claim filed in court against them by a plaintiff. The more common term is defendant. The word is also used to refer to the party
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who wins at the 1st court level but who must then respond to an appeal launched by the party that lost the case at the 1st court level [upon appeal, this latter person is called the appellant]. See Petitioner. Respondentia. Mar. Law. A loan of money on maritime interest, on goods laden on board of a ship, which, in the course of the voyage must, from their nature, be sold or exchanged, upon this condition, that if the goods should be lost in the course of the voyage, by any of the perils enumerated in the contract, the lender shall lose his money; if not, that the borrower shall pay him the sum borrowed, with the interest agreed upon. Respondentia loan. Mar. Law. A loan made on the goods laden on board the ship, and which are to be sold or exchanged in the course of voyage, the borrowers personal responsibility being deemed the principal security for the performance of the contract. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 104]. Response. Any concerted effort by 2 or more agencies, public or private, to provide assistance or intervention during or immediately after a disaster to meet the life preservation and basic subsistence needs of those people affected and in the restoration of essential public activities and facilities. [Sec. 3, RA 10121]. Responsibility. The extent the actors have been established by substantial evidence to have participated in whatever way, by action or omission, in an enforced disappearance, as a measure of the remedies this Court shall craft, among them, the directive to file the appropriate criminal and civil cases against the responsible parties in the proper courts. [Razon v. Tagitis, GR 182498, Dec. 3, 2009]. Compare with Accountability. Responsible cause. The approximate cause. [Ang v. Riz-Man Transit, Inc., 62 OG 420]. Responsible officer. An officer spoken of under the 1973 Consti. to whom the authority to issue arrest and search warrants may be delegated by legislation, who must possess not only skill and competence but more significantly, neutrality and independence comparable to the impartiality presumed of a judicial officer. [Presl. Anti-Dollar Salting Task Force v. CA, GR 83578. Mar. 16, 1989]. Responsible parenthood. The will and ability of a parent to respond to the needs and aspirations of the family and children. It is likewise a shared responsibility bet. parents to determine and achieve the desired number of children, spacing and timing of their children acc. to their own family life aspirations, taking into account psychological preparedness, health status, sociocultural and economic concerns consistent with their religious convictions. [Sec. 4, RA 10354]. Responsible Parenthood and Reproductive Health Act of 2012. RA 10354 entitled An Act providing for a Natl. Policy on Responsible Parenthood and Reproductive Health enacted on Dec. 21, 2012. Rest. A party is said to rest or rest its case when it has presented all the evidence it intends to offer.
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Restatement. A publication which tells what the law is in a particular field, as compiled from statutes and decisions. Restaurant. 1. Any establishment duly licensed and with business permits issued by the LGUs, offering to the public, regular and special meals or menu, fast food, cooked food and short orders. Such eating-places may also serve coffee, beverages and drinks. This covers Quick-Service Restaurants or QSRs, Casual Dining and Fine Dining Restaurants. [Art. 5, IRR of RA 9994]. 2. Any place which provides food to the public and accept orders from them at a price. This term includes caterers. [Sec. 1, PD 426]. Restitutio in integrum. 1. Lat. Restoration in full. The principle requiring that the successful plaintiff be fully compensated by the final judgment of the court for all the losses and damages which the breach of contract or the commission of the tort or delict caused him. It requires that the victim of the breach of contract or the tort or delict be placed in the same position he was in before the harmful event occurred. 2. Lat. Restitution to the original position. In contract law, upon breach of contract, the injured party may ask the court to reverse the contract and revert the parties to their respective positions before the contract was accepted. But if the court finds that restitutio in integrum is not possible because of actions or events occurring since the date of acceptance, then the court may order that damages be paid instead. Restitution. Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss. Restoration. The return of something to a former owner, place, or condition. Restorative. Having the ability to restore health, strength, or a feeling of wellbeing. Restorative justice. A principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies. [Sec. 4, RA 9344]. Restore. To return someone or something to a former condition, place, or position. Restrict. To confine, limit or stop. [Phil. Assoc. of Service Exporters, Inc. v. Torres, GR 101279. Aug. 6, 1992]. Restricted access records. Records which access have been restricted because there exists a legal impediment and/or standard or advice issued by the executive director [of the Natl. Archives] that requires such public records to be withheld from public access. [Sec. 4, RA 9470]. Restrictions. Conditions set forth in the usage of property. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Restrictive. Imposing restrictions or limitations on someone's activities or freedom. Restrictive custody. Nominal restraint on the movements or monitoring of the
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whereabouts of police officers under investigation by their superiors. [Ampatuan v. Judge Macaraig, GR 182497. June 29, 2010]. Restrictive indorsement. Nego. Inst. 1. An indorsement which either (a) prohibits the further negotiation of the instrument; or (b) constitutes the indorsee the agent of the indorser; or (c) vests the title in the indorsee in trust for or to the use of some other persons. [Sec. 36, NIL]. 2. An indorsement which restricts the rights of subsequent holders. Restrictive sovereign immunity. Intl. Law. Rule that a foreign state is not immune when the cause of action for a suit is based on conduct unrelated to the state's governmental activities. Restructured loan. A mortgage in which new terms are negotiated. Restructuring. Converting the debt of a business in difficulty into another kind of debt. Restructuring of electric power industry. The process of reorganizing the electric power industry in order to introduce higher efficiency, greater innovation and end-user choice. It shall be understood as covering a range of alternatives enhancing exposure of the industry to competitive market forces. [Sec. 4, RA 9136]. Result of the election. The net result of the election in the rest of the precincts in a given constituency, such that if the margin of a leading candidate over that of his closest rival in the latter precincts is less than the total number of votes in the precinct where there was failure of election, then such failure would certainly affect the result of the election; hence, a special election must be held. [Lucero v. Comelec, GR 113107. July 20, 1994]. Resulting trust. 1. A trust which is raised or created by the act or construction of law, but in its more restricted sense it is a trust raised by implication of law and presumed always to have been contemplated of the parties, the intention as to which is to he found in the nature of their transaction, but not expressed in the deed or instrument of conveyance. [Ramos v. Ramos, GR L-19872. Dec. 3, 1974]. Examples of resulting trusts are found in Art. 1448 to 1455 of the Civ. Code. 2. A trust that is presumed by the court from certain situations and from which the court presumes an intention to create a trust; the law assumes that the property is not held by the right person and that the possessor is only holding the property in trust for the rightful owner. Also Implied trust. Resume. The act of an international conference in reducing to writing the conclusions of its deliberations on a particular subject. Retail. A sale where the purchaser buys the commodity for his own consumption, irrespective of the quantity of the commodity sold. [Sec. 131, RA 7160]. Retail. Elements which should concur for a sale to be considered as retail: (a) The seller should be habitually engaged in selling; (b) the sale must be direct to the general public; and (c) the object of the sale is limited to merchandise, commodities or goods for consumption. [Marsman & Co., Inc. v. First Coconut Central Co., Inc., GR L-39841. June 20, 1988].
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Retail business. Any act, occupation or calling of habitually selling direct to the general public merchandise, commodities or goods for consumption, but shall not include: (a) a manufacturer, processor, laborer or worker selling to the general public the products manufactured, processed, or produced by him if his capital does not exceed P5,000; (b) a farmer or agriculturist selling the product of his farm; (c) a manufacturer or processor selling to the industrial and commercial users or consumers who use the products bought by them to render service to the general public and/or to produce or manufacture goods which are in turn sold to them; (d) a hotelowner or keeper operating a restaurant irrespective of the amount of capital, provided that the restaurant is necessarily included in, or incidental to, the hotel business. [Sec. 1, PD 714]. Retail enterprise. One open to the general consuming public for the sale of goods that are commonly bought by end-users for personal or household use. [Sec. 1, PD 1634]. Retail establishment. One principally engaged in the sale of goods to endusers for personal or household use. [Sec. 1, Rule 7, Book 3, IRR of LC]. Retail trade. Any act, occupation or calling of habitually selling direct to the general public merchandise, commodities or good for consumption, but the restriction of RA 8762 shall not apply to the following: (a) Sales by manufacturer, processor, laborer, or worker, to the general public the products manufactured, processed or products by him if his capital dose not exceed P100,000.00; (b) Sales by a farmer or agriculturist selling the products of his farm; (c) Sales in restaurant operations by a hotel owner or inn-keeper irrespective of the amount capital: provided, that the restaurant is incidental to the hotel business; and (d) Sales which are limited only to products manufactured, processed or assembled by a manufactured, processed or assembled by a manufacturer though a single outlet, irrespective of capitalization. [Sec. 3, RA 8762]. Retailer. 1. A licensed establishment carrying on the retail business of sale of drugs and medicines to customers. [Sec. 4, RA 9502]. 2. A person engaged in the business of selling consumer products directly to consumers. [Art. 4, RA 7394]. 3. Any establishment which sells or offers to sell any health product directly to the general public. [Sec. 9, RA 9711]. Retained earnings. Also Earned surplus. Accumulated net income less distributions to stockholders and transfers to paid-in capital accounts. The accumulated amount of profits and earnings of the business which has not been capitalized, offset by losses, or given out to stockholders as property dividends. Retainer. 1. Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he retains the attorney to act for him. 2. A contract bet. a lawyer and his client, wherein the lawyer agrees to represent and provide legal advice to the client, in exchange for money. The signed retainer begins the client-lawyer relationship from which flow many responsibilities and duties, primarily on the lawyer, incl. to provide accurate legal advice, to monitor limitation dates and to not allow
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any conflict of interest with the relationship with the client. Retaining fee. A preliminary fee paid to ensure and secure a lawyer's future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party and of receiving pay from him. In the absence of an agreement to the contrary, the retaining fee is neither made nor received in consideration of the services contemplated; it is apart from what the client has agreed to pay for the services which he has retained him to perform. [Research and Services Realty, Inc. v. CA, GR 124074. Jan. 27, 1997]. Retire. To leave one's job and cease to work, typically upon reaching a certain age. Retired. Having left one's job and ceased to work. Retired shares. Corp. Law. Shares which have been withdrawn and have disappeared altogether. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Retiree. Health Ins. A member of the Natl. Health Insurance Program who has reached the age of retirement as provided for by law or who was retired on account of permanent disability as certified by the employer and the PhilHealth. [Sec. 3, RA 10606]. Retirement. Labor. The result of a bilateral act of the parties, a voluntary agreement bet. the employer and the employees whereby the latter after reaching a certain age agrees and/or consents to severe his employment with the former. [Soberano v. Sec. of Labor, GR L-43753-56 & L-50991. Aug. 29, 1980]. Retirement village. An independent-living facility, often with continuing-care amenities. It refers to a residential community offering separate or autonomous houses for residents. It is a retirement habitat with a multi-residence housing facility that is planned, designed and geared towards people who no longer work and are restricted to a certain age. It has particular conveniences catering to the wishes and desires of retirees, which may include services such as clubhouses, swimming pools, arts and crafts, boating, walking trails, golf courses, active adult retail and on-site medical services. [Art. 5, IRR of RA 9994]. Retorsion. Intl. Law. Retaliation where the acts complained of do not constitute a legal ground of offense but are rather in the nature of unfriendly acts done primarily in pursuance of legitimate state interests but indirectly hurtful to other states. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 125]. Retorsions. Intl. Law. Unfriendly but legal acts in retaliation for anothers unfriendly actuations. Examples are discriminatory tariffs. [Fenwick, Intl. Law, p. 433]. Retract. To take back; To retract an offer is to withdraw it before acceptance. [Alonte v. Savellano, GR 131652. Mar. 9, 1998 6th Ed. [1990]). Retraction. In law of defamation, a formal recanting of the defamatory material; in probate practice, a withdrawal of a renunciation. [Alonte v. Savellano, GR 131652. Mar. 9, 1998 6th Ed. (1990)].
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Retracto legal de comuneros. Sp. Right of legal redemption. [De Conejero v. CA, GR L-21812. Apr. 29, 1966]. Also Retracto comuneros. Retreat. Withdrawal. In combat, there is a wide difference bet. a withdrawal and a retreat. The former is an abandonment of the struggle by one of the parties, while the latter may be and often is a continuance of hostilities. Retrench. 1. To cut down; reduce. 2. To remove, delete, or omit. Retrenchment. Also Lay-off. Labor. 1. The termination of employment initiated by the employer through no fault of the employees and without prejudice to the latter, resorted to by management during periods of business recession, industrial depression, or seasonal fluctuations or during lulls occasioned by lack of orders, shortage of materials, conversion of the plant for a new production program or the introduction of new methods or more efficient machinery, or of automation. [Sebuguero v. NLRC, 248 SCRA 532, 542 (1995)]. 2. An act of the employer of dismissing employees because of losses in the operation of a business, lack of work, and considerable reduction on the volume of his business. [Sebuguero v. NLRC, 248 SCRA 532, 542 (1995)]. Retrenchment. Labor. A valid exercise of management prerogative subject to the [following] strict requirements: (1) That the retrenchment is reasonably necessary and likely to prevent business losses which, if already incurred, are not merely de minimis, but substantial, serious, actual and real, or if only expected, are reasonably imminent as perceived objectively and in good faith by the employer; (2) That the employer served written notice both to the employees and to the DOLE at least one month prior to the intended date of retrenchment; (3) That the employer pays the retrenched employees separation pay equivalent to one month pay or at least month pay for every year of service, whichever is higher; (4) That the employer exercises its prerogative to retrench employees in good faith for the advancement of its interest and not to defeat or circumvent the employees right to security of tenure; and (5) That the employer used fair and reasonable criteria in ascertaining who would be dismissed and who would be retained among the employees, such as status, x x x efficiency, seniority, physical fitness, age, and financial hardship for certain workers. [Asian Alcohol Corp. v. NLRC, 364 Phil. 912, 926-927 (1999)]. Retroact. To act backward, or in return; to act in opposition; to be retrospective. Retroactive. Having reference to things that happened in the past, prior to the occurrence of the act in question. Retroactive laws. Laws which, as exceptions to Art. 4 of the Civ. Code, shall have retroactive effect under any of the following circumstances: (a) if the laws themselves provide for retroactivity; (b) if the laws are remedial or penal in nature and the same is favorable to the accused; (c) when the laws are procedural and do not affect or change vested rights; (d) when the laws are curative in character; and (e) if a substantive right is declared for the 1st time. Retroactive recognition rule. Intl. Law. Rule that implies that a govt. was lawful-
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ly in power prior to the time of its recognition. Retrocede. To cede territory back again. Retrocession. 1. A transaction whereby the reinsurer, in turn, passes to another insurer a portion of the risk reinsured. It is really the reinsurance of a reinsurance. 2. Amount of the risk accepted by the reinsurer which is then passed on to other reinsurance companies. Retrospect. A survey or review of a past course of events or period of time. Retrospectant evidence. Such evidence which requires inference to look backward from the evidentiary fact to the alleged act. That is, taking a stand at the fact offered, the inference is made that at some previous time, the act was or was not done. [People v. Agravante, GR 105402-04. Sep. 5, 1994]. Also called Traces. Return. A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal. Return on equity. Net income after debt service, expressed as a percentage of the owners equity. Return on equity (ROE). The amount of net income returned as a percentage of shareholders equity. It measures a corporation's profitability by revealing how much profit a company generates with the money shareholders have invested. Also known as Return on net worth (RONW). Return on investment (ROI). 1. Return on invested capital. 2. Amount earned per year on an investment, usu. expressed as a percentage. Return on net worth (RONW). See Return on equity (ROE). Return-to-work order. Labor. The order of the Sec. of Labor and Employment assuming jurisdiction over a labor dispute and deciding it or certifying the same to the NLRC for compulsory arbitration, which assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order or, if one has already taken place at the time of assumption or certification, ordering all striking or locked out employees to immediately return to work and the employer to immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. [Art. 263, LC]. Revaluation increment. The excess of sound value over net book value. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Revealing secrets with abuse of office. Crim. Law. The felony committed by any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets. [Art. 291, RPC]. Revelation of industrial secrets. Crim. Law. The felony committed by the person in charge, employee or workman of any manufacturing or industrial establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the industry of the latter. [Art. 292, RPC].
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Revelation of secrets by an attorney or solicitor. See Betrayal of trust by an attorney or solicitor. Revelation of secrets by an officer. Crim. Law. The felony committed by any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published. [Art. 229, RPC]. Revenue. 1. Income derived from the regular system of taxation enforced under authority of law or ordinance and, as such, accrue more or less regularly every year. [Sec. 14, PD 477]. 2. All the funds or income derived by the government, whether from tax or from whatever source and whatever manner. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 20]. Revenue bill. A bill filed in Congress proposing to levy taxes and raise funds for the government. Revenue funds. All funds deprived from the income of any agency of the Govt. and available for appropriation or expenditure in accordance with law. [Sec. 2, Chap. 1 Subtitle B, EO 292]. Reversal. 1. An action of a higher court in setting aside or revoking a lower court decision. 2. The annulling or setting aside by an appellate court of a decision of a lower court. Reversales. Intl. Law. Fr. Declarations that an error in etiquette or in the draftsmanship of a treaty should not be considered as a precedent. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 1059]. Reverse. To revoke or annul a decision or decree. Reversible error. 1. A legal mistake at the trial court level which is so significant [resulted in an improper judgment] that the judgment must be reversed by the appellate court. A reversible error is distinguished from an error which is minor or did not contribute to the judgment at the trial. 2. A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court. Reversion. Prop. 1. An action where the ultimate relief sought is to revert the land back to the govt. under the Regalian doctrine. [Rep. v. Mangotara, GR 170375, GR 170505, GR 173355-56, GR 173401, GR 173563-64, GR 178779, GR 178894, July 7, 2010]. 2. An action which seeks to restore public land fraudulently awarded and disposed of to private individuals or corporations to the mass of public domain. It bears to point out, though, that the Court also allowed the resort by the Govt. to actions for reversion to cancel titles that were void for reasons other than fraud, i.e., violation by the grantee of a patent of the conditions imposed by law. [Estate of Yujuico v. Rep., GR 168661, Oct. 26, 2007]. Reversion. Succ. The residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him; it is also defined to be the return of land to the grantor, and his heirs, after the grant is over.The reversion arises by operation of law, and not by deed or will, and it is a vested interest or estate, and in this it differs from a remainder, which can never be limited unless by either
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deed or devise. A reversion is said to be an incorporeal hereditament. Reversioner. Succ. One entitled to a reversion. Although not in actual possession, the reversioner having a vested interest in the reversion, is entitled to his action for an injury done to the inheritance. The reversioner is entitled to the rent, and this important incident passes with a grant or assignment of the reversion. It is not inseparable from it, and may be severed and excepted out of the grant by special words. Review. A reconsideration or reexamination for purposes of correction. [Phil. Gamefowl Comm. v. CA, GR 72969-70. Dec. 17, 1986, Rev. 4th Ed., 1968, p. 1483]. Revised Forestry Code of the Philippines. PD 705 entitled Revising PD 389, otherwise known as the Forestry Reform Code of the Phils. signed into law on May 19, 1975. Revised Penal Code, The. Act 3815 entitled An Act revising the Penal Code and other penal laws enacted on Dec. 8, 1930 and took effect on Jan. 1, 1932. Revision. A revamp or rewriting of the whole instrument. [Cruz, Constl. Law, 1998 Ed., p. 11]. Compare with Amendment. Revision of ballots. The recount of ballots through their physical count; the segregation of ballots for the protestant, the protestee and other candidates for the same position and the recording of the objections and claims to these ballots. [Sec. 3, Rule 1, AM 10-4-1-SC, May 4, 2010]. Revival of wills. The restoration to validity of a previously revoked will by operation of law. It differs from republication in that it takes place by operation of law, while the latter takes place by the act of the testator. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 131]. Revive. To restore to consciousness or life; to bring back into currency; to render active, operative, valid or flourishing again. Revocable. Capable of being revoked or canceled. Revocable beneficiary. The person named in a policy to receive the proceeds at the death of the insured, the latter reserving to himself the right to make future changes in the beneficiary designation. [Tiopianco, Commentaries and Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 28]. Revocable permit. A permit issued for the temporary occupation and use of a tract of land not covered by a regular public land application. [Castrillo's Law on Nat. Res., 6th Ed. p. 81]. Revocable trust. A trust that the grantor may change or revoke. Revocation. The state of being cancelled or annulled. Revocation of wills. 1. The physical act of destruction of a will coupled with animus revocandi on the part of the testator. It is not imperative that the physical destruction be done by the testator himself. It may be performed by another person but under the express direction and in the presence of the testator. [Maloto v. CA, GR 76464. Feb. 29, 1988]. 2. An act of the mind, terminating
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the potential capacity of the will to operate at the death of the testator, manifested by some outward or visible act or sign, symbolic thereof. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 115]. Revoke. To cancel or nullify a legal document. Revolution. 1. The complete overthrow of the established govt. in any country or state by those who were previously subject to it. [In Re: Puno, AM 90-11-2697CA. June 29, 1992]. 2. A sudden, radical and fundamental change in the govt. or political system, usu. effected with violence or at least some acts of violence. [Ibid.]. 3. That which occurs whenever the legal order of a community is nullified and replaced by a new order a way not prescribed by the 1st order itself. [Ibid.]. Revolutionary government. 1. A govt. that comes into existence in defiance of the existing legal processes. [In Re: Puno, AM 90-11-2697-CA. June 29, 1992]. 2. A govt. instituted by the direct action of the people and in opposition to the authoritarian values and practices of the overthrown government. [Ibid.]. Revolver. A hand-operated firearm with a revolving cylinder containing chambers for individual cartridges. [Sec. 3, RA 10591]. Reword. To alter the wording of or to restate in other words. [Lokin v. Comelec, GR 179431-32, GR 180443, June 22, 2010]. RH. See Reproductive Health. Rheumatic heart disease. A disease resulting from rheumatic fever, marked by inflammation and disfigurement of the heart valves. The heart valves are flap-like structures which like 1way doors, stand in the openings bet. the chambers of the heart. Their function is to allow the passage of blood only forward. However, when deformed by disease, they no longer form a perfect fit for the openings, and blood flaws backward as well as forward during the contraction of the heart. The amount of blood which flows backward is lost to the forward stream. The heart must, therefore, work much harder to supply the body with the normal amount of blood. This, in turn, leads to other complications. [Panangui v. ECC, GR L56259. Mar. 18, 1983]. Rheumatic heart failure. A sudden stoppage of the action of the heart. Riachuelo. Sp. A small river with little current; a brook; an arroyo. Riba. The term has the meaning assigned to it by Islamic law and jurisprudence as expounded by authoritative sources; in the context of banking activities, the term includes the receipt and payment of interest in the various types of lending and borrowing and in the exchange of currencies on forward basis. [Sec. 44, RA 6848]. Rider. Also Endorsement. Ins. Agreements not contained in the policy, but written on or attached to it. They are used to fit policies to individual circumstances. When they are made part of the contract, they alter, amend, extend, or restrict the coverage provided in the contract. [Sec. 50, IC]. Rider. Legislation. 1. A provision which is alien to the bill to which it is attached.
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[Gonzales v. Macaraig, GR 87636. Nov. 19, 1990]. 2. A provision not germane to the subject matter of the bill. [Lidasan v. Comelec, GR L-28089. Oct. 25, 1967]. Rifle. A shoulder firearm or designed to be fired from the shoulder that can discharge a bullet through a rifled barrel by different actions of loading, which may be classified as lever, bolt, or selfloading; [Sec. 3, RA 10591]. Right. In an abstract sense, it means justice, ethical correctness, or consonance with the rules of law or the principles of morals. In a concrete sense, a power, privilege, faculty, or demand, inherent in one person and incident upon another. As an adjective, it means just, morally correct, consonant with ethical principles or rules of positive law. Right against double jeopardy. The right which prohibits any subsequent prosecution of any person for a crime of which he has previously been acquitted or convicted. The objective is to set the effects of the 1st prosecution forever at rest, assuring the accused that he shall not thereafter be subjected to the peril and anxiety of a 2nd charge against him for the same offense. [2 Phil. 246, 252253 (1903)]. Right against self-incrimination. A prohibition of the use of physical or moral compulsion, to extort communications from (a person). It is simply a prohibition against legal process to extract from the (accused)'s own lips, against his will, admission of his guilt. [US v. Tan Teng, 23 Phil. 145, 152] Right and wrong test. The test under which a person is determined to be insane when he suffers from such perverted condition of the mental and moral faculties as to render him incapable of distinguishing bet. right and wrong. [People v. Dungo, GR 89420. July 31, 1991]. Compare with Delusion test and Irresistible impulse test. Right in esse. A clear and unmistakable right. [Phil. Leisure and Retirement Authority v. CA, GR 156303, Dec. 19, 2007]. Right of action. The right to commence and prosecute an action to obtain the relief sought. [Albano, Rem. Law Reviewer, 1st Ed., p. 73]. Compare with Cause of action. Right of action. Elements: (a) Existence of a cause of action; (b) performance of all conditions precedent to the bringing of the action; and (c) the right to bring and maintain the action must be in the person instituting it. [Albano, Rem. Law Reviewer, 1st Ed., p. 73-74]. Right of equality as an attribute of states. Intl. Law. The entitlement of every state to the same protection and respect as are available to other states under the rules of international law. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 58]. Right of first refusal. A contractual grant, not of the sale of a property, but of the 1st priority to buy the property in the event the owner sells the same. [Rosencor Devt. Corp. v. Inquing, GR 140479, Mar. 8, 2001]. See also First refusal, right of. Right of innocent passage. The right of merchant vessels of other nations to peaceful transit not prejudicial to the
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good order or security of the coastal state. See Innocent passage. Right of involuntary entrance. The right of any foreign merchant vessel to enter the territorial waters of a state in case of emergency such as lack of provisions, unseaworthiness of the vessel, inclement weather, pursuit of pirates or other force majeure. See Involuntary entrance. Right of privacy. The right to be let alone, like the right of free expression, which is not an absolute right. A limited intrusion into a person's privacy has long been regarded as permissible where that person is a public figure and the information sought to be elicited from him or to be published about him constitute matters of a public character. Succinctly put, the right of privacy cannot be invoked to resist publication and dissemination of matters of public interest. The interest sought to be protected by the right of privacy is the right to be free from "unwarranted publicity, from the wrongful publicizing of the private affairs and activities of an individual which are outside the realm of legitimate public concern. Also Right to privacy. Right of redemption. 1. The right granted to the debtor-mortgagor, his successorin-interest or nay judicial creditor of said debtor-mortgagor or any person having a lien in the property subsequent to its mortgage or deed of trust under which the property is sold to redeem the property within 1 year from the registration of the sheriffs certificate of foreclosure sale. [Bench Book for Trial Court Judges, p. 2-91]. 2. . The right of the mortgagor to redeem the property within one year from and after the date of sale. [Sec. 6, Act 3135]. Compare with Equity of redemption. Right of representation. Succ. A method of distributing property under a will or trust whereby the issue in the nearest degree of kinship to the decedent take equal shares and each group in a more remote degree of kinship whose ancestor was in the nearest degree of kinship but predeceased the decedent takes, as a group, one equal share. See Representation, Right of. Right of revolution. An inherent right of a people to cast out their rulers, change their policy or effect radical reforms in their system of govt. or institutions by force or a general uprising when the legal and constitutional methods of making such change have proved inadequate or are so obstructed as to be unavailable. [In Re: Puno, AM 90-11-2697CA. June 29, 1992]. Right of self-organization. It includes the right to organize or affiliate with a labor union or determine which of 2 or more unions in an establishment to join, and to engage in concerted activities with co-workers for purposes of collective bargaining through representatives of their own choosing, or for their mutual aid and protection, i.e., the protection, promotion, or enhancement of their rights and interests. [Reyes v. Trajano, GR 84433. June 2, 1992]. Right of suffrage. The right of every Filipino to choose the leaders who will lead the country and participate, to the fullest extent possible, in every national and local election x x x. [Kabataan Party List v. Comelec, GR 189868, Dec. 15, 2009].
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Right of way. An ancient concept, which date back to the iter, actus, and via of the Romans. These servitudes are demanded by necessity, that is, to enable owners of isolated estates to make full use of their properties, which lack of access to public roads has denied them. [Costabella Corp. v. CA, GR 80511. Jan. 25, 1991]. Right of way. Requisites: The owner of an estate may claim a compulsory right of way only after he has established the existence of 4 requisites, namely, (a) the estate is surrounded by other immovables and is without adequate outlet to a public highway; (b) after payment of the proper indemnity; (c) the isolation was not due to the proprietor's own acts; and (d) the right of way claimed is at a point least prejudicial to the servient estate, and in so far as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. [Angela Estate, Inc. v. CFI Negros Occ., GR L-27084. July 31, 1968]. Right of way easement. 1. The right of the owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, to demand a right of way through the neighboring estates, after payment of the proper indemnity. [Art. 649, CC]. 2. The right of a party to pass over the land of another. Right of way rule. The general rule that the vehicle on the national highway has the right-of-way as against a feeder road. Another general rule is that the vehicle coming from the right has the right-of-way over the vehicle coming from the left. The general rules on rightof-way may be invoked only if both vehicles approach the intersection at almost the same time. [Kapalaran Bus Line v. Coronado, GR 85331. Aug. 25, 1989]. Right to appeal. 1. It is merely a statutory right and not ordinarily a necessary part of due process, (and) may only be taken when the law so provides. [Aguilar & Casapao, v. Navarro, 55 Phil., 898; Duarte, v. Dade, 32 Phil., 36]. 2. Being purely statutory, the parties cannot, even by mutual agreement, confer such right when the same does not exist by statutory authority. [Gonzales v. CA, GR L-18255. Nov. 21, 1961]. Right to control. Labor. The right reserved to the person for whom the services of the contractual workers are performed, to determine not only the end to be achieved, but also the manner and means to be used in reaching that end. [San Miguel Corp. v. Semillan, GR 164257, July 5, 2010]. Right to dispose. The power of the owner to alienate, encumber, transform and even destroy the thing owned. Right to hold a public office. The just and legal claim to hold and enjoy the powers and responsibilities of the office. [Francisco v. Men Abad, GR L-3692728. Apr. 15, 1974, 3rd Ed., pp. 1558, 1717]. Right to liberty. [It] include[s] the right to exist and the right to be free from arbitrary restraint or servitude. The term cannot be dwarfed into mere freedom from physical restraint of the person of the citizen, but is deemed to embrace the right of man to enjoy the facilities with which he has been endowed by his Creator, subject only to such restraint as
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are necessary for the common welfare. [Sec. of Natl. Defense et al. v. Manalo, GR 180906, Oct. 7, 2008]. Right to life. Pol. Law. The right to be alive - upon which the enjoyment of all other rights is preconditioned - as guaranteed under Art. III, Sec. 1 of the 1987 Consti. [Sec. of Natl. Defense et al. v. Manalo, GR 180906, Oct. 7, 2008]. Right to present evidence. The opportunity given a party to be heard which is covered by the due process clause of the Consti. Right to privacy. A right which belongs to the individual acting in his private capacity and not to a governmental agency or officers tasked with, and acting in, the discharge of public duties. [AquinoSarmiento v. Morato, GR 92541. Nov. 13, 1991]. Also Right of privacy. Right to security of person. A guarantee of the secure quality of life, viz: The life to which each person has a right is not a life lived in fear that his person and property may be unreasonably violated by a powerful ruler. Rather, it is a life lived with the assurance that the government he established and consented to, will protect the security of his person and property. [Sec. of Natl. Defense et al. v. Manalo, GR 180906, Oct. 7, 2008]. Right to self-organization. The right of the employees to form unions or associations for purposes not contrary to law, to self-organization and to enter into collective bargaining negotiations, among others, which the Consti. guarantees. [Knitjoy Mfg., Inc. v. Ferrer-Calleja, GR 81883. Sep. 23, 1992]. Right to travel. The right to move from one place to another. [Mirasol, et al. v. DPWH, GR 158793, June 8, 2006]. Right-of-control test. A test to determine where the person for whom the services are performed reserves a right to control not only the end to be achieved but also the means to be used in reaching such as end. [Sevilla v. CA, 160 SCRA 171]. Rigid constitution. A constitution which can be amended through a formal and difficult process. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 9]. Compare with Flexible constitution. Rigor mortis. Lat. Stiffness of death. Legal Med. The stiffening of the muscular tissues and joints of the body setting in at a greater or less interval after death. [People v. Dulay, GR 92600. Jan. 18, 1993]. Ring. In a cockpit, the space where the cocks fight. Also Rueda. Riparian. Broadly, any property having a water frontage. [Santulan v. Exec. Sec., GR L-28021. Dec. 15, 1977]. Compare with Littoral. Riparian owner. 1. A person who owns land situated on the bank of a river. But the term embraces not only the owners of lands on the banks of rivers but also the littoral owners, meaning the owners of lands bordering the shore of the sea or lake or other tidal waters. [Santulan v. Exec. Sec., GR L-28021. Dec. 15, 1977]. 2. The owner of the property adjoining foreshore lands, marshy lands or lands covered with water bordering upon shores or banks of navigable lakes or rivers. [Par. 32, Lands AO 7-1, 30 Apr. 1936].
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Riparian rights. Special rights of people who own land that runs into a river bank. While not an ownership right, riparian rights include the right of access to, and use of the water for domestic purposes [bathing, cleaning and navigating]. Ripe. There is a real controversy, and the law needs to be settled on one or more issues raised by the case. Ripeness. the readiness of a case for litigation. Ripeness. Two-fold aspect: 1st, the fitness of the issues for judicial decision; and 2nd, the hardship to the parties entailed by withholding court consideration. [Abbott Laboratories v. Gardner, 387 US 136 (1967)]. Ripeness for judicial review doctrine. This doctrine determines the point at which courts may review administrative action. The basic principle of ripeness is that the judicial machinery should be conserved for problems which are real and present or imminent and should not be squandered on problems which are future, imaginary or remote. [Mamba v. Lara, GR 165109, Dec. 14, 2009]. Risk. The combination of the probability of an event and its negative consequences. [Sec. 3, RA 10121]. Risk Analysis. A process consisting of 3 components that includes risk assessment, risk management and risk communication, all of which are essential to the decision making process that determines acceptable levels or risk, and the implementation of those decisions. [Sec. 4, RA 9296]. Risk assessment. A methodology to determine the nature and extent of risk by analyzing potential hazards and evaluating existing conditions of vulnerability that together could potentially harm exposed people, property, services, livelihood and the environment on which they depend. Risk assessments with associated risk mapping include: a review of the technical characteristics of hazards such as their location, intensity, frequency and probability; the analysis of exposure and vulnerability incl. the physical, social, health, economic and environmental dimensions; and the evaluation of the effectiveness of prevailing and alternative coping capacities in respect to likely risk scenarios. [Sec. 3, RA 10121]. Risk management. The systematic approach and practice of managing uncertainty to minimize potential harm and loss. It comprises risk assessment and analysis, and the implementation of strategies and specific actions to control, reduce and transfer risks. It is widely practiced by organizations to minimize risk in investment decisions and to address operational risks such as those of business disruption, production failure, environmental damage, social impacts and damage from fire and natural hazards. [Sec. 3, RA 10121]. Risk Reduction and Preparedness Equipment Protection Act. RA 10344 entitled An Act Penalizing the Unauthorized Taking, Stealing, Keeping or Tampering of Government Risk Reduction and Preparedness Equipment, Accessories and Similar Facilities enacted on Dec. 4, 2012. Risk transfer. The process of formally or informally shifting the financial consequences of particular risks from one party to another whereby a household,
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community, enterprise or state authority will obtain resources from the other party after a disaster occurs, in exchange for ongoing or compensatory social or financial benefits provided to that other party. [Sec. 3, RA 10121]. Risk-based capital. A method to measure the minimum amount of capital that a pre-need company needs to support its overall business operation. It is used to set capital requirements, considering the size and degree of risk taken by the preneed company. [Sec. 4, RA 9829]. RIV. See Requisition and issue voucher. River. A compound concept consisting of 3 elements: (b) The running waters; (c) the bed; and (c) the banks. [Hilario v. City of Manila, GR L-19570. Apr. 27, 1967]. Roadway. A road, esp. that part of the road over which vehicles pass. [Govt. of the Phil. v. Derham Bros., GR 11904. Oct. 9, 1917]. Robber. A thief who steals from someone by threatening violence. Robbery. Crim. Law. 1. The felony committed by any person who, with intent to gain, shall take any personal property belonging to another, by means of violence or intimidation of any person, or using force upon anything. [Art. 293, RPC]. 2. Felonious taking of another's property, from his person or immediate presence and against his will, by means of force or fear. Robbery. Crim. Law. Elements: (a) That there be personal property belonging to another; (b) that there is unlawful taking of the property; (c) that the taking is with intent to gain; and (d) that there is violence against or intimidation of persons or force upon things. [People v. Puloc, GR 92631, Sep. 30, 1991]. Robbery committed under certain circumstances, attempted and frustrated. Crim. Law. The offense committed when, by reason or on occasion of an attempted or frustrated robbery, a homicide is committed. [Art. 297, RPC]. Robbery in an inhabited house or public building or edifice devoted to worship. Crim. Law. The felony committed by any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship where: (a) the malefactors shall enter the house or building in which the robbery was committed; or (b) the robbery be committed under any of the following circumstances: 1. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle; 2. by taking such furniture or objects to be broken or forced open outside the place of the robbery. [Art. 299, RPC]. Robbery in an uninhabited place or in a private building. Crim. Law. Any robbery committed in an uninhabited place or in a building other than those mentioned in the 1st par. of Art. 299 of the Rev. Penal Code, if any of the following circumstances is present: (a) if the entrance has been effected through any opening not intended for entrance or egress; (b) if any wall, roof, flour or outside door or window has been broken; (c) if the entrance has been effected through the use of false keys, picklocks or other similar tools; (d) if any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been broken;
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(e) if any closed or sealed receptacle, as mentioned in the preceding number, has been removed even if the same to broken open elsewhere. [Art. 302, RPC]. Robbery in band. Crim. Law. Robbery whereof more than 3 armed malefactors take part in the commission. [Art. 296, RPC]. Robbery with homicide. Crim. Law. A homicide committed either by reason, or on occasion, of the robbery. [People v. Baron, GR 185209, June 28, 2010]. Robbery with homicide. Crim. Law. Elements: (a) The taking of personal property with the use of violence or intimidation against a person; (b) the property thus taken belongs to another; (c) the taking is characterized by intent to gain or animus lucrandi; and (d) on the occasion of the robbery or by reason thereof, the crime of homicide, which is therein used in a generic sense, was committed. [People v. Esperraguerra, GR 113785, Sep. 14, 199S, 248]. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley. Crim. Law. The offenses mentioned in subdivisions 3, 4, and 5 of Art. 294 of the Rev. Penal Code which have been committed in an uninhabited place or by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger's compartments in a train or, in any manner, taking the passengers thereof by surprise in the respective conveyances, or on a street, road, highway, or alley, and the intimidation is made with the use of a firearm. [Art. 295, RPC]. Robbery with rape. Crim. Law. The law uses the phrase "when the robbery shall have been accompanied by rape." [Art. 294 (2), RPC]. This means that the offender must have the intent to take the personal property belonging to another with intent to gain, and such intent must precede the rape. [People v. Villagracia, GR 94311. Sep. 14, 1993]. Robbery with violence against or intimidation of persons. Crim. Law. The felony committed by any person with the use of violence against or intimidation of any person when: 1. by reason or on occasion of the robbery, the crime of homicide shall have been committed; 2. the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Art. 263 of the Rev. Penal Code shall have been inflicted; 3. by reason or on occasion of the robbery, any of the physical injuries penalized in subdiv. 2 of the Art. mentioned in the next preceding number, shall have been inflicted; 4. the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said Art. 23. [Art. 295, RPC]. Robo. Sp. Roberry. Robo con homicidio. Sp. Robbery with homicide. [US v. Macalalad, 9 Phil. 1].
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Robo con lesions. Sp. Robbery with physical injuries. [US v. Lumanlan, GR 10708. Sep. 24, 1915]. Robo en cuadrilla con homicidio y lesiones. Sp. Robbery in an armed band, with homicide and physical injuries. [US v. Pindong, GR 5220. Aug. 18, 1909]. Robo en cuadrilla. Sp. Robbery in an armed band. [US v. Dela Cruz, GR 4740. Nov. 18, 1908]. ROE. See Return on equity. ROI. See Return on investment. RONW. See Return on net worth. Roll call. The process of calling out a list of names to establish who is present. Roll-call vote. A vote in which the names of those voting for and against a motion may be recorded. Rollo. The folder with a [Sup.] Court en banc-approved, color-coded cartolina cover indicating the G.R. or UDK number, the title of the case, the date of filing, the date of submission for decision, and the nature of the case wherein all original pleadings and other documents filed under the same docket number shall be encased. The pages of the pleadings and other documents shall be consecutively numbered and attached to the rollo preferably by stitching or any method that ensures the integrity of the contents of the rollo. [The Internal Rules of the Sup. Court, AM 10-4-20-SC, May 4, 2010]. Roman candle. A sparkler similar to a "fountain" but shaped like a big candle. [Sec. 2, RA 7183]. Rombergs Test. A test to determine whether a person is intoxicated. He is asked to stand with feet together and to close his eyes. Normally, this would have no effect on a person who is sober. But if he is intoxicated, the tendency is for him to swing from side to side. Sometimes he would fall. Rooming-in. The practice of placing the newborn in the same room as the mother right after delivery up to discharge to facilitate mother-infant bonding and initiate breastfeeding. The infant may either share the mother's bed or be placed in a crib beside the mother. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Roster. A list of persons qualified to provide ADR services as neutrals or to serve as arbitrators. [Sec. 3, RA 9285]. ROTC. See Reserve Officers' Training Corps. ROV. See Municipal/City/District Registry of Overseas Voters. Roving commission. 1. Authority or power given in a general area, without precisely defined terms of reference. 2. Delegation that will give the delegate unlimited legislative authority. Row house. A single-family attached dwelling containing 3 or more separate living units designed in such a way that they abut each other at the sides, as in a row, and are separated from each other by party walls: provided with independent access, services, and use of land. [Sec. 3, BP 220]. Royal. Having the status of a king or queen or a member of their family.
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Royal Decree of 1894. See Maura Law. Royal prerogative of dishonesty. The doctrine of non-suability, as it is not too infrequently derisively called because it grants the state the prerogative to defeat any legitimate claim against it by simply invoking its nonsuability. [From DA v. NLRC, GR 104269, Nov. 11, 1993, 227 SCRA 693]. See Nonsuability of the State. Royalties. 1. Payments of any kind received as consideration for: (i) the use of, or the right to use, any patent, trade mark, design or model, plan, secret formula or process, any copyright of literary, artistic or scientific work, or for the use of, or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific experience; (ii) the use of, or the right to use, cinematograph films, or tapes for radio or television broadcasting. [Comm. Int. Rev. v. Smart Communications, Inc. GR 179045-46, Aug. 25, 2010]. 2. All charges based on gross business or sales, or gross or net profit. [Sec. 3, RA 9497; Sec. 3, RA 224]. Royalty. Any payment over and above other existing for the utilization of minerals within a mineral reservation, indigenous cultural community, or in areas covered by small-scale mining. [Sec. 4, DENR AO 95-23]. RPT. See Real property tax. Rueda. The ring of a cockpit. Rule. Any agency statement of general applicability that implements or interprets a law, fixes and describes the procedures in, or practice requirements of, an agency, incl. its regulations. The term includes memoranda or statements concerning the internal administration or management of an agency not affecting the rights of, or procedure available to, the public. [Sec. 2, Chap. 1, Book VII, EO 292]. Rule against perpetuities. The legal prohibition against tying up property so that it cannot be transferred or vest title in another forever, for several future generations, or for a period of centuries. See Perpetuities, Rule against. Rule making. An agency process for the formulation, amendment, or repeal of a rule. [Sec. 2, Chap. 1, Book VII, EO 292]. Rule of barrier between the legitimate family and illegitimate or Iron curtain rule. Succ. The rule that the an illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. [Art. 992, CC]. Also known as Iron curtain rule. Rule of double share for full blood collaterals. Succ. The rule that when full and half-blood brothers and sisters, nephews and nieces survive, the former shall take a portion in the inheritance double that of the latter. [From Art. 992, CC]. Rule of equal division. Succ. The rule that the relatives of the same degree shall inherit in equal shares. [Art. 962, CC]. Rule of law. It simply means that no one is above the law. All persons regardless
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of status, wealth, creed, political persuasion and color of their skin are entitled to due process of law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 49]. Rule of Lenity. [The rule that] a court, in construing an ambiguous criminal statute that sets out multiple or inconsistent punishments, should resolve the ambiguity in favor of the more lenient punishment. [Dio v. Olivares, GR 170447, Dec. 4, 2009]. See Lenity Rule. Rule of majority. Also Majority rule. Pol. Law. The will of the greater number of people, whether referring to the citizens of the Phils. who choose their representatives, or to a number of people in a community or organization, who choose their officers. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 57]. Rule of preference bet. lines. Succ. The rule that those in the direct descending line shall exclude in the succession those in the direct ascending and collateral lines, and those in the direct ascending line shall, in turn, exclude those in the collateral line. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 379]. Rule of proximity. Succ. The rule that the relatives nearest in degree to the decedent shall exclude the more distant ones, except when there is right of representation. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., pp. 379380]. Rule-making power. legislative power. See QuasiRules of Court. Regulations governing practice and procedure in the various courts. Rules of evidence. Standards governing whether evidence in a civil or criminal case is admissible. Rules of the air. Those provisions for securing the safety of aircraft in flight and in movement on the surface and the safety of persons and property on the surface. These provisions include: (1) Lights and signals to be shown by aircraft; (2) General, visual and instrument flight rules; (3) Airport traffic rules; and (4) Airport signals and markings. [Sec. 3, RA 9497]. Ruling. A judicial or administrative interpretation of a provision of a statute, order, regulation or ordinance. [Jamil v. Comelec, GR 123648. Dec. 15, 1997, p. 1197]. See also Courts Ruling. Rulings. Exposition of law or legal reasons upon which the courts rest their judgment. [Jamil v. Comelec, GR 123648. Dec. 15, 1997]. Run-away shop. Labor. An unfair labor practice of management which usu. takes place by effecting the transfer of ownership, the plant itself, or its equipment and machines purposely to bust the union or to evade payment of its legitimate obligations. In other words, the shop is put up to achieve an illegal purpose. [Poquiz, Labor Rel. Law, 1999 Ed. p. 155]. Running and test inventory. An inventory of property made upon order of the local chief exec. at any time to ascertain the correctness of the property records
Rules. Established standards, guides, or regulations set up by authority.
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of the unit. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Running policy. Ins. A policy of insurance which contemplates successive insurances, and which provides that the object of the policy may be from time to time defined, esp. as to the subjects of insurance, by additional statements or indorsements. [Sec. 62, IC]. Run-off. A final race, contest, or election to decide an earlier one that has not resulted in a decision in favor of any one competitor. Run-off election. An election bet. the labor unions receiving the 2 higher number of voters when a certification election which provides for 3 or more choices results in no choice receiving a majority of the valid votes cast, where the total number of votes for all contending unions is at least 50% of the number of votes cast. [Art. 256, LC; Sec. 1, Rule 1, Book 5, IRR of LC]. Rural. In, relating to, or characteristic of the countryside rather than the town: Rural banks. Banks duly organized under RA 720 with authority to operate under existing laws. [Sec. 4, RA 7607]. Rural Banks Act of 1992. RA 7353 entitled An Act providing for the creation, organization and operation of rural banks, and for other purposes enacted on Apr. 2, 1992. Rural electrification. The delivery of basic electricity services, consisting of power generation, sub-transmission, and/or extension of associated power delivery system that would bring about important social and economic benefits to the countryside. [Sec. 4, RA 9513]. Rural industrialization. The process by which the economy is transformed from one that is predominantly agricultural to one that is dominantly industrial and service-oriented. [Sec. 4, RA 8435].
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-SSabong. Tag. Cockfight. Sabungan. Tag. Cockpit. [People v. Aleta, GR L-40694. Aug. 31, 1976]. Sabungero. Tag. A person engaged in cockfighting. Sadism. Legal Med. The sexual enjoyment a person receives from inflicting actual physical or psychological suffering on a sexual partner. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Masochism. Sadist. Someone who obtains pleasure from inflicting pain or others. Safe and Wholesome. Meat and meat products that ha[ve] been passed as fit for human consumption using the criteria that it (a) will not cause food borne infection or intoxication when properly handled and prepared with respect to the intended use, (b) does not contain residue in excess of set limits, (c) is free of obvious contamination, (d) is free of defects that are generally recognized as objectionable to consumers, (e) has been produced under adequate hygiene control, and (f) has not been treated with illegal substances as specified in RA 9296 and in other related national legislation. [Sec. 4, RA 9296]. Safe conduct. Immunity from arrest or harm when passing through an area. Safe conduct pass. Intl. Law. A pass given to enemy nationals or vessels allowing passage bet. defined points. This is given either by the belligerent govt. itself or the commander of the area which
it is effective. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 143]. Safe place or Shelter. Any home or institution maintained or managed by the DSWD or by any other agency or voluntary organization accredited by the DSWD for the purposes of RA 9262 or any other suitable place the resident of which is willing temporarily to receive the victim. [Sec. 3, RA 9262]. Safekeeping, The custodial component of the BuCors present corrections system, [and] shall refer to the act that ensures the public [incl. families of inmates and their victims] that national inmates are provided with their basic needs, completely incapacitated from further committing criminal acts, and have been totally cut off from their criminal networks [or contacts in the free society] while serving sentence inside the premises of the national penitentiary. This act also includes protection against illegal organized armed groups which have the capacity of launching an attack on any prison camp of the national penitentiary to rescue their convicted comrade or to forcibly amass firearms issued to prison guards. [Sec. 3, RA 10575]. Salary. A fixed compensation for regular work or for continuous service rendered over a period of time. Salary or Wage adjustment. A salary or wage increase towards the minimum of the grade, or an increase from a nonprescribed rate to a prescribed rate within the grade. [Sec. 3, PD 985]. Salary or Wage schedule. A numerical structure in the Compensation System consisting of several grades, each grade with multiple steps with a percentage
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differential throughout the pay table. A classified position is assigned a corresponding grade in the Schedule. [Sec. 3, PD 985]. Salary or Wage step increment. An increase in salary or wage from one step to another step within the grade from the minimum to maximum. Also known as Within grade increase. [Sec. 3, PD 985]. Salary Standardization Act. RA 6758. See Compensation and Position Classification Act of 1989. Salary-ceiling-method. A method used in legislation involving the adjustment of the minimum wage whereby the wage adjustment is applied to employees receiving a certain denominated salary ceiling. [ECOP v. NWPC, GR 96169. Sep. 24, 1991]. Compare with Floorwage method. Salaysay. Tag. 1. Statement. [Julio v. Dalandan, GR L-19012. Oct. 30, 1967]. 2. Sworn statement. [People v. Ilarde, GR L-58595. Oct. 10, 1983]. 3. Narration. [Belvis III v. CA, GR L-38907. Nov. 14, 1988]. Salbahe. Tag. Ill-mannered. [People v. Catanyag, GR 103974. Sep. 10, 1993]. Sale. A contract whereby one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. [Art. 1458, CC]. Sale at retail. Elements: (a) The seller should be habitually engaged in selling; (b) the sale must be direct to the general public; and (c) the object of the sale is limited to merchandise, commodities or goods for consumption. [Marsman & Co., Inc. v. First Coconut Central Co., Inc., GR L-39841. June 20, 1988]. Sale by description. A transaction in which the merchandise is described in detail and the bulk must correspond to the description. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. Sale by sample. It occurs when the buyer is shown a sample of the merchandise he is buying. When the merchandise is delivered, the bulk must correspond in quality to the sample. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. Sale in bulk. The sale of all or a large part of a merchant's stock as well as equipment. See Bulk sale. Sale of dangerous drugs. The act of selling any dangerous drug, incl. any and all species of opium poppy regardless of the quantity and purity involved, or acting as a broker in such transaction. [From Sec. 5, RA 9165]. Sale of dangerous drugs. Elements: (1) The accused sold the dangerous drug to the buyer for a consideration and (2) the accused delivered the dangerous drug to the buyer. [People v. Sanchez, GR 175832, 15 Oct. 2008]. Sale of wood products without complying with grading rules. The offense committed by any person who shall sell or offer for sale any log, lumber, plywood or other manufactured wood products in the international or domestic market unless he complies with grading rules and established or to be established by the Govt. [Sec. 79, PD 705]. Sale on credit. A sale where the seller retains the original of the invoice in his
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possession, and the delivery thereof to the buyer is made only when the latter has discharged his obligation. Sale on trial. A contract of sale which rests entirely on the character or quality of the goods, vis--vis a contract of sale or return which hinges wholly on the option of the buyer. Sale or Distribution. An act made by a manufacturer or seller, or their respective representative or agent, to make available consumer products, services or credit to the end consumers under a consumer sale transaction. It shall not include sampling or any distribution not for sale. [Art. 4, RA 7394]. Sale or Exchange of services. 1. The performance of all kinds of services in the Phils. for others for a fee, remuneration or consideration, incl. those performed or rendered by construction and service contractors; stock, real estate, commercial, customs and immigration brokers; lessors of property, whether personal or real; warehousing services; lessors or distributors of cinematographic films; persons engaged in milling, processing, manufacturing or repacking goods for others; proprietors, operators or keepers of hotels, models, resthouses, pension houses, inns, resorts; proprietors or operators of restaurants, refreshment parlors, cafes and other eating places, incl. clubs and caterers; dealers in securities; landing investors; operators of taxicabs; utility cars for rent or hire driven by the lessees (rent-a-car companies), tourist buses; and other common carriers by land, air, and sea relative to their transport of goods or cargoes; services of franchise grantees of telephone and telegraph, radio and television broadcasting and all other franchise grantees except those under Sec. 117 of the NIRC; services of banks, non-bank financial intermediaries and finance companies; and non-life insurance companies (except their crop insurances) incl. surety, fidelity and indemnity and bonding companies; and similar services regardless of whether or not the performance thereof calls for the exercise or use of the physical or mental faculties. [Sec. 102, NIRC, as amended by RA 7716]. 2. The performance of all kinds of services in the Phils. for others for a fee, remuneration or consideration, whether in kind or in cash. Sale or Pledge of mortgaged property. Crim. Law. The felony committed by any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the mortgage and noted on the record hereof in the office of the Register of Deeds of the province where such property is located. [Art. 319, RPC]. Sale or Return. A contract of sale whereby the goods object of the sale are delivered to the buyer who thereby acquires ownership thereof, but he may revest the ownership in the seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time. Under this kind of sale, the buyer is given an option to return the goods instead of paying the price. [Diaz, Bus. Law Rev., 1991 Ed., p. 121]. Sale or Sell. Every disposition, or attempt to dispose, for a valuable consideration, of a subdivision lot, incl. the building and other improvements thereof, if any, in a subdivision project or a condominium
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unit in a condominium project. A contract to sell, a contract of purchase and sale, an exchange, an attempt to sell, an option of sale or purchase, a solicitation of a sale, or an offer to sell, directly or by an agent, or by a circular, letter, advertisement or otherwise. [Sec. 2, PD 957]. Sale with pacto de retro. One where the vendor reserves the right to repurchase the thing sold with the obligation to comply with the stipulation of the contract, and to refund the price, the necessary and useful expenses incurred on the thing, the expenses of the contract and other legitimate payments made by the vendee by reason of the sale. Sale with right to repurchase. A sale whereby the title and ownership of the property sold are immediately vested in the vendee a retro within the period stipulated. Failure to perform said resolutory condition vests upon the vendee by operation of law absolute title or ownership over the property sold. [Albano, Civil Law Reviewer, Rev. Ed., p. 356]. Sales. 1. The exchange of a commodity for money; the action of selling something. 2. A quantity or amount sold. Sales counselors. Natural persons who are engaged in the sale of, or offer to sell, or counsel of prospective planholders for the purpose of selling, whether or not on commission basis, pre-need plans upon the authority of the pre-need company. [Sec. 4, RA 9829]. Sales invoice. A detailed statement of the nature, quantity and cost of the thing sold and has been considered not a bill of sale. [P.T. Cerna Corp. v. CA, GR 91622. Apr. 6, 1993]. Sales invoices. Recognized commercial documents to facilitate trade or credit transactions. They are proofs that a business transaction has been concluded, hence, should not be considered bereft of probative value. [Seaoil Petroleum Corp. v. Autocorp Group, GR 164326, Oct. 17, 2008]. Sales load. The difference bet. the price of a security to the public and that portion of the proceeds from its sale which is received and invested or held for investment by the issuer, less any portion of such difference deducted for trustee's or custodian's fees, insurance premiums, issue taxes, or administrative expenses or fees which are not properly chargeable to sales or promotional activities. In the case of a periodic payment plan certificate, sales load includes the sales load on any investment company securities in which the payments made on such certificate are invested, as well as the sales load on the certificate itself. [Sec. 3, RA 2629]. Sales promotion. Techniques in-tended for broad consumer participation which contain promises of gain such as prizes, in cash or in kind, as reward for the purchase of a product, security, service or winning in contest, game, tournament and other similar competitions which involve determination of winner/s and which utilize mass media or other widespread media of information. It also means techniques purely intended to increase the sales, patronage and/or goodwill of a product. [Art. 4, RA 7394]. Salesman. A natural person, employed as such as an agent, by a dealer, issuer or
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broker to buy and sell securities. [Sec. 3, RA 8799]. SALN. See Statement of Assets, Liabilities and Networth. Salt. A colorless or white crystalline solid, chiefly sodium chloride, used extensively in ground or granulated form as a food seasoning and preservative Salt iodization. The addition of iodine to salt intended for human or animal consumption in accordance with specifications as to form, fortificant, method, manner and composition as may be prescribed by the BFAD. [Sec. 4, RA 8172]. Salting of foreign exchange. The crime committed by any person engaged in the business of exporting who shall underdeclare or undervalue his exports, either as to price or quantity, or any person engaged in the business of importation who shall overvalue or overdeclare his importations, either as to price or quantity, for the purpose of salting and retaining foreign exchange abroad in violation of existing laws and Central Bank rules and regulations. [Sec. 2, PD 1883]. See Blackmarketing of foreign exchange. Salus populi est suprema lex. Lat. The welfare of the people is the supreme law. [Lim v. Pacquing, GR 115044. Jan. 27, 1995]. Salvage. 1. The compensation allowed to persons by whose assistance a ship or her cargo has been saved, in whole or in part, from impending peril on the sea, or in recovering such property from actual loss, as in case of shipwreck, derelict, or recapture. [Blackwall v. Saucelito Tug Co., 10 Wall. 1, 12]. 2. A slang word for summary execution. The meaning evolved from frequent usage in sentences similar to 'The corpse was salvaged from the Pasig river' from "salvage" meaning recovered or found. The victim would usu. be a victim of summary execution. Salvage Law, The. Act 2616 enacted on Feb. 4, 1916. Salvage zone. 1. [A] zone consisting of lands measuring 20 meters measured landward from the interior limit of the shoreline [that] is capable of private ownership and being validly covered by a Torrens Title subject to the easement of public use, more specifically easement of salvage and costal police imposed by law. [Maristela v. Dir. of Lands, GR 34901-R, Sept. 7, 1968; 65 OG 46, pp. 12744-12747; Art. 9, Spanish Law of Waters of 1886; Art. 51, Water Code; Art. 420, CC]. 2. An easement on the riparian property or lands bordering the sea or river that covers 20 meters from the coastline boundary inward to give the people the right of passage and the right to use the place in case of bad weather and by shipwreck of bancas or vessels in distress. It is an easement of public use in the general interest of recreation, passage, fishing and salvage. . Same evidence test. The more common approach in ascertaining identity of causes of action whereby the following question serves as a sufficient criterion: Would the same evidence support and establish both the present and former causes of action? If the answer is in the affirmative, then the prior judgment is a bar to the subsequent action; conversely, it is not. If no inconsistency is shown,
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the prior judgment shall not constitute a bar to subsequent actions. [Agustin v. Delos Santos, GR 168139, Jan. 20, 2009]. Compare with Absence of inconsistency test. Same offense. Identical offense or any attempt to commit the same or frustration thereof or any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information. [Perez v. CA, GR L-80838. Nov. 29, 1988]. Same or similar action or claim. A case wherein the parties, causes of action, issues and reliefs prayed for, are identical to those in the 1st case. [Rudecon Management Corp. v. Singson, 494 Phil. 581, 601 (2005)]. Sanction. 1. The whole or part of a prohibition, limitation or other condition affecting the liberty of any person; the withholding of relief; the imposition of penalty or fine; the destruction, taking, seizure or withholding of property; the assessment of damages, reimbursement, restitution, compensation, cost, charges or fees; the revocation or suspension of license; or the taking of other compulsory or restrictive action. [Sec. 2, Chap. 1, Book VII, EO 292]. 2. A very unusual word with 2 contradictory meanings. To sanction can mean to ratify or to approve but it can also mean to punish. The sanction of a crime refers to the actual punishment, usu. expressed as a fine or jail term. Sandiganbayan. A special court created under PD 1606, as amended, which exercises jurisdiction over (a) violations of RA 3019, as amended, otherwise, known as the Anti-Graft and Corrupt Practices Act, and RA 1379; (b) crimes committed by public officers and employees incl. those employed in GOCCs, embraced in Title VII of the Rev. Penal Code, whether simple or complexed with other crimes; and (c) other crimes or offenses committed by public officers or employees, incl. those employed in GOCCs, in relation to their office. Sangkap Pinoy Seal Program (SPSP). A strategy to encourage food manufacturers to fortify processed foods or food products with essential nutrients at levels approved by the DOH. The fundamental concept of the program is to authorize food manufacturers to use the DOH seal of acceptance for processed foods or food products, after these products passed a set of defined criteria. The seal is a guide used by consumers in selecting nutritious foods. [Sec. 3, RA 8976]. Sangla. Also Sanla. Tag. In some Tagalog provinces, the word means "bilihang mabibiling muli" or "pacto de retro." By this contract, the vendee-a-retro takes possession of the property as owner until the same is repurchased or redeemed. [Aguinaldo v. Esteban, GR L27289. Apr. 15, 1985]. Sanglaan. Also Sanlaan. Tag. A word that is used to mean only either mortgage or pledge, and never a sale or a pacto de retro sale. [Perfecto, dissenting opinion, Lim v. Calaguas, GR L-2031. May 30, 1949]. Sanidad. Tag. Health inspector. Sanitary. Of or relating to the conditions that affect hygiene and health, esp. the supply of sewage facilities and clean drinking water.
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Sanitary certificate. A certificate that is issued by an authorized governmental inspection agency that confirms the facility and/or cargo has been inspected and meets the minimum sanitary requirements. Sanitary engineer. A person duly registered with the Board of Examiners for Sanitary Engineers [RA 1364] who heads or works in the sanitation division / section / unit of the local health office or employed with the DOH or its regional health offices. [Sec. 2.27, IRR of PD 856]. Sanitary engineering, Practice of. The practice of sanitary engineering shall embrace the following activities: (a) sanitary surveys, reports, design, direction, management, consultation, and investigation of: (a) water purification plants, water collection and distribution systems, reservoirs, drainage and sewer systems, sewage treatment plants, malaria control structures, sewage disposal tanks, and other structures for public health and welfare; (b) projects relating to stream pollution, insect and vermin control or eradication, rural and camp sanitation, and milk and food sanitation; (c) systems for the prevention of atmospheric pollution or the control of indoor air, esp. the air or working spaces in industrial establishments (industrial hygiene engineering); and (d) Professional research and laboratory work supporting the activities listed in subsec. (a). [Sec. 2, RA 1364]. Sanitary inspector. See Sanitation inspector. Sanitary landfill. A low area where waste is buried bet. layers of earth. Sanitary permit. The certification in writing by the local health officer or in his absence by the chief of the sanitation division / section / unit attesting that the establishment complies with the existing sanitation requirements upon evaluation or inspection conducted in accordance with PDs 522, 856 and local ordinances. [Sec. 2.28, IRR of PD 856]. Sanitation. Conditions relating to public health, esp. the provision of clean drinking water and adequate sewage disposal. Sanitation inspector. An officer employed by the national, provincial, city or municipal government, who enforces sanitary laws, rules and regulations and implements environmental sanitation activities under the supervision of the local health officer / sanitary engineer. [Sec. 2.29, IRR of PD 856]. Sanla. See Sangla. Satellite. An artificial body placed in orbit around the earth or another planet in order to collect information or for communication. Satellite newsgathering. The use of either transportable Fixed Satellite Service earth stations or Mobile Satellite Service earth stations to provide temporary communications services for news media organizations covering news events such as summits, conferences or disasters. [Sec.3, EO 467, s. 1998]. Satellite registration. Registration conducted by an Election Officer in established satellite offices located in a public place within his or her area of jurisdiction. It accepts application for registration, transfer or transfer with reactiva-
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tion, reactivation of registration records, change or correction of entries and validation of registration from all registrants or voters residing within the Election Officers territorial jurisdiction. [Sec. 2, RA 10366]. Satisfaction. Remedy in international law that provides for the honor of an injured state to be restored. Satisfaction of a judgment. The payment of the amount of the writ, or a lawful tender thereof, or the conversion by sale of the debtor's property into an amount equal to that due, and, it may be done otherwise than upon an execution. [PAL v. CA, GR 49188. Jan. 30, 1990]. Saturday account system. A custom, business practice and usage among merchants of Chinese descent whereby a customer could order goods on credit and a collector is sent to him on Saturday. Payment may or may not be made by said customer. In other words, the obligation is one which does not provide for a definite or specific term. Satyriasis. Legal Med. The excessive sexual desire in men. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Compare with Nymphomania. Sauna. A small room used as a hot-air or steam bath for cleaning and refreshing the body. Sauna bath. A bath consisting of exposure to hot vapor to induce sweating, followed by rubbing or light beating of the skin. It is also called Finnish bath. Sauna bath attendant. A person who applies the proper technique of giving steam bath to customers. [Sec. 59, PD 856]. Sauna bath establishment. An establishment where customers are exposed to steam which is generated by sprinkling water on hot stones or by some other means. [Sec. 59, PD 856]. Saving clause. That part of the statute which restricts a repealing act and preserve existing powers, rights and pending proceedings from the effects of the repeal. [Suarez, Stat. Con., (1993), p. 50]. Savings and loan association. Any corporation engaged in the business for accumulating the savings of its members or stockholders, and using such accumulations, together with its capital in the case of a stock corporation, for loans and/or for investment in the securities of productive enterprises or in securities of the Government, or any of its political subdivisions, instrumentalities or corporations: Provided, That they shall be primarily engaged in servicing the needs of households by providing personal finance and long-term financing for home building and development. [Sec. 3, RA 3779]. Sawmill. A wood processing plant or implement operated mechanically and installed in a fixed site or mobile carrier where coconut wood, log or timber is cut, treated, sawn or ripped into lumber, slabs and other wood products of any size or form such as poles, piles wall wood, boards, pulp, or other finished coconut wood product. [Sec. 3, PCA AO 1-95]. Saya. Tag. Skirt. [US v. Ramos, GR 10832. Dec. 11, 1916]. SBF. See Subic Bay Freeport.
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SBMA. See Subic Bay Metropolitan Authority. SBEI. See Special Board of Election Inspectors. SBOC. See Special Board of Canvassers. SBRCG. See Special Ballot Reception and Custody Group. Scab. Labor. A person who works for lower wages than or under conditions contrary to those prescribed by a trade union; also one who takes the place of a workingman on a strike. Non-union workers who pass through union picket line. A worker who works under nonunion conditions. Scam. A dishonest scheme; a fraud. Scammer. Swindler: a person who swindles another by means of deception or fraud. Scan. 1. To examine closely. 2, To move a finely focused beam of light or electrons in a systematic pattern over a surface in order to reproduce or sense and subsequently transmit an image. 3. To search stored data automatically for specific data. 4. To examine a body or body part with a CAT scanner or similar scanning apparatus. Scandal. Any reprehensible word or deed that offends public conscience, redounds to the detriment of the feelings of honest citizens and gives occasion to the neighbors spiritual damage or ruin. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 889]. Scanner. 1. A device for examining, reading, or monitoring something, in particular. 2. A machine that examines the body through the use of radiation, ultrasound, or magnetic resonance imaging, as a diagnostic aid. Scanning. A process whereby medical services are extended through highly advanced x-ray forms of examination of the human body. Scatter-shot. Covering a wide range in a random way; indiscriminate. Scatter-shot warrant. 1. A warrant of arrest that is issued for more than one offense. It is void for the law requires that a warrant of arrest should only be issued in connection with one specific offense. 2. A (general) warrant that does not specify the offense for which it was issued. [Gutierrez v. People, CA-GR SP 90294, Aug. 31, 2006]. Scheduled benefit plans. Plans the date of availment of the benefits of which is set at the inception or purchase of the plan. [Sec. 4, RA 9829]. Schistosoma haematobium. A kind of parasitic worm. [Capacio v. Rep., GR L45484. Apr. 8, 1988]. Schizophrenia. 1. A chronic mental disorder characterized by inability to distinguish bet. fantasy and reality, and often accompanied by hallucinations and delusions. Formerly called dementia praecox, it is said to be the most common form psychosis and usu. develops bet. the ages 15 and 30. [People v. Pascual, GR 95029. Mar. 24, 1993]. 2. A serious mental disorder characterized by loss of contact with reality (psychosis), hallucinations, delusions (false beliefs), abnormal thinking and disrupted
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work and social functioning. [Olarte, Legal Med., 1st Ed. (2004), p. 144]. Schizophrenic. A person with a split personality that withdraws him from reality and renders him incapable of understanding what he is doing. [People v. Capitin, GR L-49118. Aug. 30, 1988]. School. 1. An institution for learning in the elementary, secondary or tertiary level comprised of the studentry, administration, faculty and non-faculty personnel. [Sec. 3, RA 7079]. 2. Any educational institution, private or public, undertaking educational operation for pupils or students pursuing certain studies at defined levels, receiving instructions from teachers, usu. located in a building or a group of buildings in a particular physical or cyber site. [Sec 3, RA 9165]. 3. An educational institution, private and public, undertaking educational operation with a specific age-group of pupils or students pursuing defined studies at defined levels, receiving instruction from teachers, usu. located in a building or a group of buildings in a particular physical or cyber site. [Sec. 4, RA 9155]. School administrators. All persons occupying policy implementing positions having to do with the functions of the school in all levels. [Sec. 6, BP 232]. School fees, Other. All miscellaneous fees charged to be charged by private schools, colleges and universities as embodied in their respective prospectuses, bulletins of information, or catalogues, which are collected and earmarked for certain specified purposes pursuant to existing laws, rules and regulations. [Sec. 1, Rule II, PD 451]. School head. A person responsible for the administrative and instructional supervision of the school or cluster of schools. [Sec. 4, RA 9155]. School levels. Elementary, secondary, and collegiate levels, excluding free school and postgraduate courses. [Sec. 1, PD 577]. School year. The total of 2 semesters [or 3 trimesters, or 4 quarterms, as the case may be] and 1 summer. Schools. Duly established institutions of learning or educational institutions. [Sec. 26, BP 232]. Science. A branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws. Scienter. Lat. Knowledge. 1. Required in Arts. 162, 165, 187, 188 (2) and (4), 244, 316 (2), 319 (1), 333, 335 (2) and 350 of the Rev. Penal Code. 2. In legal situations, the word is usu. used to refer to guilty knowledge". For example, owners of vicious dogs may be liable for injuries caused by these dogs if they can prove the owner's "scienter" (i.e., that the owner was aware, before the attack, of the dog's vicious character). Scientific and technological activities (STA). All systematic activities which are closely concerned with the generation, advancement, dissemination, and application of scientific and technical knowledge in all fields of natural science and technology. [Sec. 3, RA 8439]. Scientific career system (SCS). A system of recruitment, career progression, recognition and reward of scientists in the public service as a means of devel-
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oping a pool of highly qualified and productive scientific personnel. [EO 901, July 19, 1983]. Scintilla. Lat. 1. A minute amount; an iota or trace. 2. A spark; a flash. Scintilla of evidence. A metaphorical expression describing a very insignificant or trifling item of evidence. Score. 1. In street language, it means desire to buy drugs. [People v. Pablo, GR 105326. Dec. 28, 1994]. 2. In the parlance of those engaged in the illegal trade in drugs, the word means "buy. [GR 97930. May 27, 1992]. Scout. Intl. Law. Soldiers not in disguise who have penetrated into the zone of operations of a hostile army to obtain information but are not considered as spies. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 138]. Scouting. The action of gathering information about enemy forces or an area. SCRA. See Sup. Court Reports Annotated. Scrap. Manufactured articles or parts rejected for imperfection or discarded because of excessive wear or lack of demand and useful only as raw material for reprocessing. [Napocor v. CA, GR 122195. July 23, 1998]. Scrap and build. A strategy which involves the creation of new units and/or positions corresponding to the equivalent cost of structures or staffing reduced or abolished. This includes deactivation of organizational units and/or the conversion of vacant positions, in exchange for new units or positions of equivalent cost. [Sec. 3.4, NBC 485, Mar. 13, 2003]. Screen. A movable device, esp. a framed construction such as a room divider or a decorative panel, designed to divide, conceal, or protect. Screen test. A filmed test to ascertain whether an actor is suitable for a film role. Screening. The evaluation or investigation of something as part of a methodical survey, to assess suitability for a particular role or purpose. Screening test. A rapid test performed to establish potential or presumptive positive result. [Sec 3, RA 9165]. Scriptory. Of or pertaining to writing; expressed in writing; used in writing. Scriptory credit. Credit appearing in a public instrument or final judgment. SCSR. See Social Case Study Report. Sea. The expanse of salt water that covers most of the earth's surface and surrounds its landmasses. Sea farming. The stocking of natural or hatchery-produced marine plants or animals, under controlled conditions, for purposes of rearing and harvesting, but not limited to commercially-important fishes, mollusks (such as pearl and giant clam culture), incl. seaweeds and seagrasses. [Sec. 4, RA 8550]. Sea level rise. An increase in sea level which may be influenced by factors like global warming through expansion of sea water as the oceans warm and melting of ice over land and local factors
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such as land subsidence. [Sec. 3, RA 9729]. Sea ranching. The release of the young of fishery species reared in hatcheries and nurseries into natural bodies of water for subsequent harvest at maturity or the manipulation of fishery habitat, to encourage the growth of the wild stocks. [Sec. 4, RA 8550]. Seafarer. A mariner or sailor. Seafarers. Ship officers and ratings manning ships, incl. offshore workers, service providers and fishermen, as denned in the revised rules on the issuance of seafarers identification and record book of the MARINA. [Sec. 2, RA 10590]. Seal. 1. Any of various closures or fastenings that cannot be opened without rupture and that serve as a check against tampering or unauthorized opening. [Syquia v. CA. GR 98695. Jan. 27, 1993]. 2. v. To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal. Sealed. Fastened or closed securely. Sealed canvass. 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]. Seaman. Any person employed in a vessel engaged in maritime navigation. [Art. 13, LC]. Search. To try to find something by looking or otherwise seeking carefully and thoroughly. Search of a moving vehicle. Highly regulated by the government, the vehicles inherent mobility reduces expectation of privacy esp. when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity.[Valleroso v. CA, GR 164815, Sept. 3, 2009]. Search warrant. 1. An order in writing issued in the name of the People of the Phils. signed by a judge and directed to a peace officer, commanding him to search for personal property and bring it before the court. [Sec. 1, Rule 126, RoC]. 2. A search warrant is in the nature of a criminal process akin to a writ of discovery. It is a special and peculiar remedy, drastic in nature, and made necessary because of a public necessity. [Malaloan v. CA, GR 104879. May 6, 1994]. 3. A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence. Compare with Warrant of arrest. Search warrants maliciously obtained and abuse in the service of those legally obtained. The act of any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same. Searches and seizures. Instances where they are allowed even without a valid warrant: 1. Warrantless search incidental to a lawful arrest; 2. [Seizure] of evidence in plain view; 3. Search of a moving vehicle; 4. Consented warrantless search; 5. Customs search; 6. Stop and Frisk; 7. Exigent and emergency circumstances; 8. Search of vessels and
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aircraft; and 9. Inspection of buildings and other premises for the enforcement of fire, sanitary and building regulations. [Valleroso v. CA, GR 164815, Sept. 3, 2009]. Searching domicile without witnesses. Crim. Law. The felony committed by a public officer or employee who, in cases where a search is proper, shall search the domicile, papers or other belongings of any person, in the absence of the latter, any member of his family, or in their default, without the presence of 2 witnesses residing in the same locality. [Art. 130, RPC]. Searching inquiry. Rem. Law. Under the Rules (of Court), it means more than informing cursorily the accused that he faces a jail term (because the accused is aware of that) but so also, the exact length of imprisonment under the law and the certainty that he will serve time at the national penitentiary or a penal colony. [People v. Dayot, GR 88281. July 20, 1990]. Searching questions and answers. Such questions as have tendency to show the commission of a crime and the perpetrator thereof, taking into consideration the purpose of the preliminary examination which is to determine "whether there is a reasonable ground to believe that an offense has been committed and the accused is probably guilty thereof so that a warrant of arrest may be issued and the accused held for trial." [Luna v. Plaza, GR L-27511. Nov. 29, 1968]. Seashore. 1. An area of sandy, stony, or rocky land bordering and level with the sea. 2. The land bet. high- and lowwater marks. Seashore park. Any public shore area delimited for outdoor recreation, sports fishing, water skiing and related healthful activities. [Sec. 3, PD 705]. Season. One of the divisions of the year, marked by alternations in the length of day and night, or by distinct conditions of temperature, moisture, etc. Seasonably. At an opportune time. Seasonal. Of, relating to, or characteristic of a particular season of the year. Seasonal employment. Labor. An employment where an employee is engaged to work during a particular season on an activity that is usu. necessary or desirable in the usual business or trade of the employer. [Poquiz, Labor Rel. Law, 1999 Ed. p. 317]. Seasonal farmworker. A natural person who is employed on a recurrent, periodic or intermittent basis by an agricultural enterprise or farm, whether as a permanent or a non-permanent laborer, such as "dumaan", "sacada", and the like. [Sec. 3, RA 6657]. Seat belt. A belt or strap securing a person to prevent injury, esp. in a vehicle or aircraft. Seat belt device. Any strap, webbing or similar device in the form of pelvic restraint or lap belt, upper torso restraint or shoulder strap or a combination thereof designed to secure a person in a motor vehicle in order to mitigate the results of any accident, incl. all necessary buckles and other fasteners, and all hardware designed for installing such seat belt device in a motor vehicle. [Sec. 3, RA 8750].
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Seat Belts Use Act of 1999. RA 8750 entitled An Act requiring the mandatory compliance by motorists of private and public vehicles to use seat belt devices, and requiring vehicle manufacturers to install seat belt devices in all their manufactured vehicles enacted on Aug. 5, 1999. Seaworthiness. Fitness to traverse the seas. Seaworthy. A ship which is reasonably fit to perform the service and to encounter the ordinary perils of the voyage contemplated by the parties to the policy. [Sec. 114, IC]. SEC. See Securities and Exchange Commission. Second. The base unit of time which is the duration of 9 192 631 770 periods of the radiation corresponding to the transition bet. the 2 hyperfine levels of the ground state of the cesium 133 atom. [Sec. 4, BP 8]. Second class ricelands. Those which yield 40 cavans or less, the same to be computed upon the normal average harvest of the 3 preceding years. [Sec. 14, RA 2263]. Second level. Civ. Serv. One of the 3 classes of positions in the career service appointment to which requires examinations [and which] shall include professional, technical, and scientific positions which involve professional, technical or scientific work in a non-supervisory or supervisory capacity requiring at least 4 years of college work up to Division Chief levels. [Admin. Code of 1987]. Second party certification. When the certification criteria and rules are set by buyers or industry organizations. [Sec. 3, RA 10068]. Second reading of a bill. The reading in full of the bill with the amendments proposed by the committee, if any. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. Second written notice. [The notice to be served on the employee to be dismissed] to inform him of his employers decision to dismiss him. [Ace Promotion and Marketing Corp. v. Ursabia, GR 171703, Sept. 22, 2006]. Compare with First written notice. Secondary. Coming after, less important than, or resulting from someone or something else that is primary. Secondary authority. Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law. Secondary beneficiaries. The dependent parents and, subject to the restrictions imposed on dependent children, the illegitimate children and legitimate descendants. [Art. 167, LC]. Compare with Primary beneficiaries. Secondary canal. The channel connected to the main canal which distributes irrigation to specific areas. [Sec. 4, RA 8435]. Secondary cataract. Also After-cataract. A cataract which occurs after certain forms of cataract extractions. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. Secondary compulsory heirs. Succ. 1. Heirs who may be excluded by other compulsory heirs. They embrace only
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parents or ascendants. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 236]. 2. A class of compulsory heirs who succeed only in the absence of the primary compulsory heirs, such as (a) legitimate parents and legitimate ascendants with respect to their legitimate children and descendants, and (b) illegitimate parents with respect to their illegitimate children. See Primary compulsory heirs. Secondary education. 1. The 3rd stage of compulsory basic education [which] consists of 4 years of junior high school education and 2 years of senior high school education. The entrant age to the junior and senior high school levels are typically 12 and 16 years old, respectively. [Sec. 4, RA 10533]. 2. The state of formal education following the elementary level concerned primarily with continuing basic education and expanding it to include the learning of employable gainful skills, usu. corresponding to 4 years of high school. [Sec. 20, BP 232]. Secondary evidence. Also Substitutionary evidence. 1. The rule of evidence that when the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability, without bad faith on his part, loss or destruction, or unavailability, without bad faith on his part, may prove its contents in some authentic document, or by the testimony of witnesses in the order stated. [Sec. 5, Rule 130, RoC]. 2. Evidence which is inferior to primary evidence and admissible only in the absence of the latter. Compare with Primary evidence or Best evidence. Secondary franchise. The powers granted to a corporation by the sovereign and specified in its charter or by statute. See Special franchise. Secondary liability. A type of legal obligation where one party assumes legal responsibility for the actions of another party. See Subsidiary liability. Secondary meaning doctrine. A word or phrase originally incapable of exclusive appropriation with reference to an article in the market, because geographical or otherwise descriptive might nevertheless have been used so long and so exclusively by one producer with reference to this article that, in that trade and to that group of the purchasing public, the word or phrase has come to mean that the article was his produce. [Ang v. Teodoro, 74 Phil. 56]. Secondary mortgage institution (SMI). An entity created for the purpose of enhancing a secondary market for residential mortgages and housing-related asset-backed securities (ABS). [Sec. 3, RA 9267]. Secondary processing. The physical transformation of semi-processed agricultural or fishery pro-ducts. [Sec. 4, RA 8435]. Secondment. The detachment of a person from his regular organization for temporary assignment elsewhere. Secrecy of bank deposits. The treatment of all deposits of whatever nature with banks or banking institutions in the Phils. incl. investments in bonds issued by the Govt. of the Phils., its political subdivisions and its instrumentalities, as being of an absolutely confidential na-
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ture and thus they may not be examined, inquired or looked into by any person, government official, bureau or office, except upon written permission of the depositor, or in cases of impeachment, or upon order of a competent court in cases of bribery or dereliction of duty of public officials, or in cases where the money deposited or invested is the subject matter of the litigation, pursuant to RA 1405. Secrecy of Bank Deposits Law. RA 1405 entitled An Act prohibiting disclosure of or inquiry into, deposits with any banking institution and providing penalty therefor enacted on Sep. 9, 1955. Secret. Something that is kept or meant to be kept unknown or unseen by others. Secret keys. A characteristics style or symbols kept from the knowledge of others or disclosed confidentially to but one of few. [Sec. 42, RA 5921]. Secret marriage. A legally non-existent phrase but ordinarily used to refer to a civil marriage celebrated without the knowledge of the relatives and/or friends of either or both of the contracting parties. [Rep. v. CA, GR 103047. Sep. 2, 1994]. Secret partner. A partner whose connection with the firm is kept secret. [Suarez, Intro. to Law, 1995 3rd Ed., p. 120]. Secret partnership. A common law partnership in which the participation of one or more persons as partners is not disclosed to the public by any of the partners. All of the partners have unlimited personal liability. Secretariat. The chief administrative organ of the UN which is headed by a Sec. Gen. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 35]. Secretary. The person vested with the authority and responsibility for the exercise of the mandate of the Department, for the discharge of its powers and functions, and who shall have supervision and control of the Department. [Sec. 3, RA 10149]. Secretary-General. The head of the UN Secretariat chosen by the General Assembly upon the recommendation of the Security Council. His term is fixed at 5 years by resolution of the General Assembly, with re-election. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 35]. Sector. A distinct part or branch of a nation's economy or society or of a sphere of activity. Sectoral organization. A group of citizens or a coalition of groups of citizens who share similar physical attributes or characteristics, employment, interest or concerns. [Sec. 3, RA 7941]. Sectoral party. An organized group of citizens belonging to any of the sectors enumerated in Sec. 5 of RA 7941 whose principal advocacy pertains to the special interest and concerns of their sector. [Sec. 3, RA 7941]. Sectoral representation. The term implies that the person to be appointed must possess the necessary qualifications to represent that particular sector. At the very least, the appointee must actually belong to the sector which he purports to represent, otherwise there can be no true representation. [Supangan v. Santos, GR 89072. Aug. 24, 1990].
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Secured claim. Corp. Law. 1. A claim that is secured by a lien. [Sec. 4, RA 10142]. 2. Any claim whose payment or fulfillment is secured by contract or by law, incl. any clam or credit enumerated under Arts. 2241 and 2242 of the Civ. Code and Art. 110, as amended, of the Labor Code of the Phils. [Sec. 1, Rule 2, AM 00-8-10-SC, Dec. 2, 2008]. Compare with Unsecured claim. Secured creditor. A creditor with a secured claim. [Sec. 4, RA 10142]. Secured debts. In bankruptcy, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral. Secured loan. A loan in which the borrower pledges some asset as collateral for the loan, which then becomes a secured debt owed to the creditor who gives the loan. Secured party. A secured creditor or the agent or representative of such secured creditor. [Sec. 4, RA 10142]. Securities. 1. Shares, participation or interests in a corporation or in a commercial enterprise or profit-making venture and evidenced by a certificate, contract, instruments, whether written or electronic in character. [Sec. 3, RA 8799]. 2. Shares of stock in a corporation and rights to subscribe for or to receive such shares. The term includes bonds, debentures, notes or certificates, or other evidence of indebtedness, issued by any corporation, incl. those issued by a govt. or political subdivision thereof, with interest coupons or in registered form. [Sec. 22, NIRC, as amended]. 3. Written evidences of ownership, interest, or participation, in an enterprise, or written evidences of indebtedness of a person or enterprise. It includes, but is not limited to the instruments enumerated in Sec. 2 of the Securities Act (CA 83, as amended). [Sec. 3, PD 129]. Securities and Exchange Commission (SEC). The national agency-originally created under CA 83 which supervises and monitors the securities industry and exercises jurisdiction and supervision over all corporations, partnerships or associations, which are the grantees of primary franchise and/or a license or permit issued by the govt. to operate in the Phils. Securities market participant. A broker dealer, underwriter, transfer agent or other juridical persons transacting securities in the capital market. [Sec. 4, RA 10142]. Securities Regulation Code (SRC). The Securities Regulation Code of 2000 and its IRR. Securitization. The process by which assets are sold on a without recourse basis by the seller to a special purpose entity (SPE) and the issuance of assetbacked securities (ABS) by the SPE which depend, for their payment, on the cash flow from the assets so sold and in accordance with the plan for securitization as approved by the SEC. [Sec. 3, RA 9267]. Security. Any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, pre-organization certificate or subscription transferable share, investment contract, voting-trust
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certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, or, in general, any interest or instrument commonly known as a security or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. [Sec. 3, RA 2629]. Security Council. The organ of the UN primarily responsible for the maintenance of international peace and security. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 27]. Security interest. A property interest in goods, documents or instruments to secure performance of some obligations of the entrustee or of some 3rd persons to the entruster and includes title, whether or not expressed to be absolute, whenever such title is in substance taken or retained for security only. [Sec. 3, PD 115]. Security of tenure. 1. Labor. The Constitutional guarantee that an employee cannot be dismissed from the service for causes other than those provided by law and only after due process is accorded the employee. [See De Guzman v. Comelec, GR 129118, July 19, 2000]. 2. Spcl. Law. The degree of protection afforded to qualified Program beneficiaries against infringement or unjust, reasonable and arbitrary eviction or disposition, by virtue of the right of ownership, lease agreement, usufruct and other contractual arrangements. [Sec. 3, RA 7279]. Sedition. Crim. Law. The felony committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects: 1. To prevent the promulgation or execution of any law or the holding of any popular election; 2. To prevent the Natl. Govt., or any provincial or municipal govt. or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order; 3. To inflict any act of hate or revenge upon the person or property of any public officer or employee; 4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and 5. To despoil, for any political or social end, any person, municipality or province, or the Natl. Govt., of all its property or any part thereof. [Art. 139, RPC]. Seduce. 1. To attract someone to a belief or into a course of action that is inadvisable or foolhardy. 2. To entice into sexual activity. Seduction. That [which], in law, is more than mere sexual intercourse, or a breach of promise of marriage; it connotes essentially the idea of deceit, enticement, superior power or abuse of confidence on the part of the seducer to which the woman has yielded. [US v. Buenaventura, 27 Phil. 121; US v. Arlante, 9 Phil. 595]. Seductive. Tempting and attractive; enticing. Seed capital. The initial capital used to start a business. Seed money. Money allocated to initiate a project.
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Seed tree system. Partial clearcutting with seed trees left to regenerate the area. [Sec. 3, PD 705]. Segregate. To set apart from the rest or from each other; isolate or divide. Segregation. The procedure where, upon initial contact with a child alleged to have committed an offense, the law enforcer places the child in a separate and different area from adult detention prisoners, and ensures that female children are separated from male children. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Seisin. The legal possession of property. In law, the term refers more specifically to the possession of land by a freeholder. For example, an owner of a building has seisin, but a tenant does not, because the tenant, although enjoying possession, does not have the legal title in the building. Seize. 1. To take hold of suddenly and forcibly. 2. To capture a place using force. Seizure. The act of taking possession of property, e.g., for a violation of law or by virtue of an execution. The term implies a taking or removal of something from the possession, actual or constructive, of another person or persons. Seizure of evidence in plain view. Elements: (a) A prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; (b) the evidence was inadvertently discovered by the police who had the right to be where they are; (c) the evidence must be immediately apparent, and (d) "plain view" justified mere seizure of evidence without further search. [People v. Aruta, GR 120915. Apr. 13, 1998]. Selective logging. The systematic removal of the mature, over-mature and defective trees in such manner as to leave adequate number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber, and forest cover for the protection and conservation of soil and water. [Sec. 3, PD 705]. Self-closing doors. Automatic closing doors that are designed to confine smoke and heat and delay the spread of fire. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Self-contradiction. An admission is for a party-opponent what a self-contradiction is to a witness, i.e., a statement made somewhere else, and inconsistent with his allegations of claim or defense in the case on trial. His 2 statements being inconsistent, one or the other must be incorrect; hence a doubt is thrown on his present allegation. He may be able to explain away the other and inconsistent statement; but unless he does so, the present allegation remains discredited. [Olave v. CA, GR L-39984. Apr. 30, 1987]. Self-dealing director, trustee or officer. A director, trustee or officer dealing with his own corporation. The contract of such corporation one or more of its director, trustee or officer is rendered voidable at the option of the corporation under Sec. 32 of the Corp. Code. Self-defense. 1. Crim. Law. The claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the
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threat or action of another. 2. Intl. Law. The right of a state to defend itself when it can show that the use of force in its own defense is necessary, justified, and proportionate to the seriousness of the circumstances. Self-defense. Crim. Law. Essential requisites: (a) unlawful aggression on the part of the victim, (b) reasonable necessity of the means employed to repel the aggression, and (c) lack of sufficient provocation on the part of the accused. [People v. Obzunar, GR 92153. Dec. 16, 1996]. Self-determination. Intl. Law. The right of all peoples to freely determine their political status and freely pursue their economic, social, and cultural development. Self-employed. 1. A person who works for himself and is therefore both employee and employer at the same time. [Sec. 1, RA 9241]. 2. Persons engaged in business and who derive their personal income from such business. This includes single proprietorships, i.e., manufacturers, traders, market vendors, owners of eateries, farmers and service shops. [Sec. 2, RA 7496]. Self-executing. Coming into effect automatically at a specified time, no legislation or other action being needed for enforcement. Self-executing constitutional provision. A constitutional provision whose nature and extent of the right conferred and the liability imposed are fixed by the constitution itself, so that they can be determined by an examination and construction of its terms, and there is no language indicating that the subject is referred to the legislature for action. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. Self-executing provision. A provision which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies sufficient rule by means of which the right it grants may be enjoyed or protected. [Manila Prince Hotel v. GSIS, GR 122156. Feb. 3, 1997]. Self-executing treaty. Intl. Law. A treaty containing a term that says that it is directly effective within the signatory states upon ratification. Self-gratification. The act of giving oneself pleasure or of satisfying one's own desires. See Masturbation. Self-help. The act or an instance of helping or improving oneself without assistance from others. Self-help doctrine. The right of the owner or lawful possessor of a thing to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. [Art. 429, CC]. Self-incrimination. Giving testimony in a trial or other legal proceeding that could subject one to criminal prosecution. Self-incrimination, Right against. 1. The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in under Art. III, Sec. 17 of the 1987 Phil. Consti. which provides: No person shall be compelled to be a witness against him-
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self. 2. A protection against testimonial compulsion. It prohibits the use of physical or moral compulsion to extort communications from the accused, not an exclusion of his body as evidence when it may be material. Essentially, the right is meant to avoid and prohibit positively the repetition and recurrence of the certainly inhuman procedure of compelling a person, in a criminal or any other case, to furnish the missing evidence necessary for his conviction. [People v. Codilla, GR 100720-23. June 30, 1993]. Self-judging. The act or fact of judging oneself. Self-judging reservation. Intl. Law. A reservation that allows a state to exclude from the jurisdiction of the ICJ any dispute that it determines is a domestic matter. Self-service. Of or denoting an establishment [a restaurant or shop etc.] where customers serve themselves. Self-serving. Serving one's own interests, esp. without concern for the needs or interests of others. Self-serving declarations. 1. [O]ne that is made by a party, out of court and in his favor. It does not include the testimony he gives as a witness in court. [People v. Villarama, GR 139211, Feb. 12, 2003]. 2. A statement favorable to the interest of the declarant. It is not admissible in evidence as proof of the facts asserted. The vital objection to the admission of this kind of evidence is its hearsay character. Furthermore, such declarations are untrustworthy; to permit their introduction in evidence would open the door to frauds and perjuries. [Fitzsimmons v. Atlantic, Gulf & Pacific Co., GR L-2016. Aug. 23, 1949]. Compare with Declaration against interest. Self-serving evidence. Evidence made by a party out of court at one time; it does not include a party's testimony as a witness in court. It is excluded on the same ground as any hearsay evidence, that is the lack of opportunity for crossexamination by the adverse party, and on the consideration that its admission would open the door to fraud and to fabrication of testimony. [Natl. Devt. Co. v. Workmen's Compensation Comm., L21724, Apr. 27, 1967, 19 SCRA 861]. Self-serving statements. Those made by a party out of court advocating his own interest; they do not include a party's testimony as a witness in court. Selfserving statements are inadmissible because the adverse party is not given the opportunity for cross-examination, and their admission would encourage fabrication of testimony. [Hernandez v. CA, GR 104874. Dec. 14, 1993]. Sell. To dispose of by sale. Sell a dangerous drug. The act of giving a dangerous drug, whether for money or any other material consideration. [Sec. 2, RA 6425]. Seller. 1. Consumer Law. A person engaged in the business of selling consumer products directly to consumers. It shall include a supplier or distributor if (a) the seller is a subsidiary or affiliate of the supplier or distributor; (b) the seller interchanges personnel or maintains common or overlapping officers or directors with the supplier or distributor; or (c) the supplier or distributor provides or exercises supervision, direction or control over the selling practices of the sell-
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er. [Art. 4, RA 7394]. 2. Securities Law. The person or entity which conveys to the special purpose entity (SPE) the assets forming the asset pool in accordance with the plan for securitization as approved by the SEC. In most instances, the Seller may itself be the Originator. [Sec. 3, RA 9267]. Selling of false or mutilated coin, without connivance. Crim. Law. The felony committed by the person who knowingly, although without connivance, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin. [Art. 165, RPC]. Semen. Legal Med. A viscid, albuminous fluid with faint grayish yellow color and fishy odor which transports the sperm through the vas deferens and the erect penis during sexual intercourse. [Olarte, Legal Med., 1st Ed. (2004), p. 125. Semi-commercial carabao production. The raising of 20 to 49 carabaos. [Sec. 3, RA 7307]. Semilla or Seedling. A part of the fruit of the plant which produces it when it germinates under proper conditions. [People v. Mesias, 65 Phil., 267]. Seminal. Highly influential in an original way; constituting or providing a basis for further development. Seminal case. This is generally the 1st case from the highest court to have decided the issue and stated the proposition of law in question. If the proposition was itself a reversal or revision of earlier authority, the seminal case is the reversing or revising case. As the 1st case to have stated the proposition in question, the seminal case has generally gone into some depth in analyzing the issue and the court's rationale in a manner that might not be repeated in later cases. Semi-precious coral. Skeleton of anthozoan coelenterate characterized by a thorny, horny axis, such as the Antipatharians as represented by the black corals. [Sec. 3, PD 1219]. Semisueo. Sp. The legal term to denote a person who is half asleep, "semi" being the prefix meaning "half" or "partly," and "sueo" being "sleep, sleeping, drowsiness. [People v. Salarza, Jr., GR 117682. Aug. 18, 1997]. Semolina. The purified middlings of durum or other hard wheat, used for macaroni and similar edible pastes; sezings or course middlings. [Farm Implement Machinery Co. v. Comm. of Customs, GR L-12613. May 30, 1962]. Semper et ubique. Lat. At all times and everywhere. Semper praesumitur pro matrimonio. Lat. Always presume marriage. [US v. Villafuerte and Rabano (1905), 4 Phil. 476; Son Cui v. Guepangco, 22 Phil. 216; US v. Memoracion and Uri (1916), 34 Phil. 633]. Senescent. Aging: growing old. Senescent coconut trees. Coconut trees which are already overage, weak and no longer productive. [Sec. 3, RA 8048]. Senile. Having or showing the weaknesses or diseases of old age, esp. a loss of mental faculties. Senile cataract. The most common form of cataract occurring after the age of 50
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due to aging or degenerative changes. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. Senile dementia. Childishness. In the 1st stages of the disease, a person may possess reason and have will power. [Torres v. Lopez, GR 24569. Feb. 26, 1926]. Senile psychosis. The term is not always synonymous with insanity as understood by the laity, for in medicine, it signifies only a general weakening of a mind previously normal. Senior. Of a more advanced age. Senior citizen. 1. Any person who is at least 60 years of age. [Sec. 3, RA 7876]. 2. Any resident citizen of the Phils. at least 60 years old, incl. those who have retired from both govt. offices and private enterprises, and has an income of not more than P60,000.00 per annum subject to review by NEDA every 3 years. [Sec. 2, RA 7432]. Senior citizen or Elderly. Any resident citizen of the Phils. at least 60 years old. [Sec. 3. RA 9994]. Senior citizens. 1. Qualified voters who are 60 years or older. [Sec. 2, RA 10366]. 2. Those 60 years of age and above. [Sec. 4, RA 9710]. Senior citizens center. The place established by RA 7876 or the Senior Citizens Center Act, with recreational, educational, health and social programs and facilities designed for the full enjoyment and benefit of the senior citizens in the city or municipality accredited by the DSWD. It can be any available structure, a spacious room in a private or public building, a room attached to a community center, a barangay hall or chapel. [Art. 5, IRR of RA 9994]. Senior Citizens Center Act of the Philippines. RA 7876 entitled An Act establishing a senior citizens center in all cities and municipalities of the Phils., and appropriating funds therefor enacted on Feb. 14, 1995. Senior encumbrancer. A lien or mortgage holder who is superior to another holder or encumbrancer. Compare with Junior encumbrancer. Senior lien. A prior lien which has precedence as to the property under the lien over another lien or encumbrance. Compare with Junior lien. Senior mortgage. A mortgage which is of superior priority; above those which are often referred to as junior mortgages. Compare with Junior mortgage. Seniority. Higher rank than that of others esp. by reason of longer service. Sensitive personal information. Personal information: (1) About an individuals race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; (2) About an individuals health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings; (3) Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or cm-rent health records, licenses or its denials, suspension or revocation, and tax returns; and (4) Specifically established by an EO or
1028
an act of Congress to be kept classified. [Sec. 3, RA 10173]. Sensu strictiore. Lat. "More strictly" speaking. Sentence. 1. The punishment ordered by a court for a defendant convicted of a crime. 2. The punishment given to a person who has been convicted [i.e., found to be guilty] of a crime. It may be time in jail, community service or a period of probation. Sentencia firme. Sp. Final judgment. [People v. Satorre, GR L-26282. Aug. 27, 1976]. Sentenciador. Sp. Referee. See Referee. Separability clause. A clause which states that if for any reason, any section or provision of the statute is held to be unconstitutional, the other section or provision of the law shall not be affected thereby. [Suarez, Stat. Con., (1993), p. 51]. Separability doctrine. The doctrine that enunciates that an arbitration agreement is independent of the main contract. The arbitration agreement is to be treated as a separate agreement and the arbitration agreement does not automatically terminate when the contract of which it is part comes to an end. [Gonzales v. Climax Mining Ltd., GR 161957, Jan. 22, 2007]. Separate customs territory principle. The principle [of the VAT system that holds that] in an Ecozone, being a separate customs territory, the legal fiction of a foreign territory is created. Consequently, sales made by a in the customs territory [i.e. outside the Ecozone] to a PEZA-registered entity are considered exports to a foreign country. Conversely, sales by a PEZA-registered entity to a person in the customs territory are deemed imports from a foreign country. Separate judgments. Rem. Law. That rendered by the court at any stage, upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim,, when more than one claim for relief is presented in an action, disposing of such claim. The judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims. [Rule 36, Sec. 5, RoC]. Separate 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 result of the case, but based on different reason or reasons. A concurrence "in the result" should state the reason for the qualified concurrence. [The Internal Rules of the Sup. Court, AM 10-4-20-SC, May 4, 2010]. Compare with Dissenting opinion and Concurring Opinion. Separate opinion. An opinion written by one or more justices that may agree or dissent from the majority opinion. Separation. 1. An agreement or court decree terminating a spousal relationship. 2. Discharge, as from employment or military service. Separation of church and state doctrine. The doctrine enshrined in Sec. 6, Art. II of the 1987 Phil. Consti. which provides that: "The separation of Church and State shall be inviolable." The idea
1029
advocated by this principle is to delineate the boundaries bet. the 2 institutions and thus avoid encroachments by one against the other because of a misunderstanding of the limits of their respective exclusive jurisdictions. [Austria v. NLRC, GR 124382, 16 Aug. 1999]. Separation of powers doctrine. A basic postulate that forbids one branch of government to exercise powers belonging to another co-equal branch; or for one branch to interfere with the other's performance of its constitutionallyassigned functions. [Velasco, Jr., concurring op., Neri v. Senate Committee on Accountability of Public Officers and Investigations, GR 180643, Mar. 25, 2007]. Separation of property regime. Fam. Law. The property relations during marriage where each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. [Art. 145, FC]. Separation pay. Labor. 1. A statutory right defined as the amount that an employee receives at the time of his severance from the service and is designed to provide the employee with the wherewithal during the period that he is looking for another employment. [Aquino v. NLRC, GR 87653, Feb. 11, 1992]. 2. The amount that an employee receives at the time of his severance from the service and is designed to provide the employee with "the wherewithal during the period that he is looking for another employment. [Santos v. NLRC, GR L76721. Sep. 21, 1987]. Septage. The sludge produced on individual onsite wastewater disposal systems, principally septic tanks and cesspools. [Sec 4, RA 9275]. Sepsis. The presence in tissues of harmful bacteria and their toxins, typically through infection of a wound. Septic. Infected with bacteria. Septic tank absorption bed or drain field. An underground system of pipes leading from the outlet of the septic tank, consisting of open-jointed or perforated pipes so distributed that the effluent from a septic tank is oxidized and absorbed by the soil. [Sec. 71, PD 856]. Septic tank. A water tight receptacle which receives the discharge of a plumbing system or part thereof, and is designed to accomplish the partial removal and digestion of the suspended solid matter in the sewage through a period of detention. [Sec. 71, PD 856]. Septicemia. Blood poisoning. [Carillo v. People, GR 86890. Jan. 21, 1994]. Sequester. 1. Ro seize esp. by a writ of sequestration. 2. To place a property in custody. Sequester ill-gotten property. To place or cause to be placed under its possession or control said property, or any building or office wherein any such property and any records pertaining thereto may be found, incl. "business enterprises and entities," - for the purpose of preventing the destruction, concealment or dissipation of, and otherwise conserving and preserving, the
1030
same - until it can be determined, through appropriate judicial proceedings, whether the property was in truth "ill-gotten," i.e., acquired through or as a result of improper or illegal use of or the conversion of funds belonging to the Govt. or any of its branches, instrumentalities, enterprises, banks or financial institutions, or by taking undue advantage of official position, authority, relationship, connection or influence, resulting in unjust enrichment of the ostensible owner and grave damage and prejudice to the State. [Bataan Shipyard Engg. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Sequestration. 1. The seizure of private property or assets in the hands of any person or entity in order to prevent the utilization, transfer or conveyance of the same for purposes inimical to national security, or when necessary to protect the interest of the Govt. or any of its instrumentalities. It shall include the taking over and assumption of the management, control and operation of the private property or assets seized' [Reiterated in PD 1835 (Anti-Subversion Law of 1981, repealed by PD 1975 prom. on May 2, 1985)]. 2. The taking of someone's property, voluntarily (by deposit) or involuntarily (by seizure), by court officers or into the possession of a 3rd party, awaiting the outcome of a trial in which ownership of that property is at issue. See Judicial deposit. Seriatim. Lat. One after another, as in a series. Thus, issues or facts are discussed seriatim [or "ad seriatim"], meaning one by one in order. Series. Classes of positions in an occupational group with similar specialized lines work that differ in the difficulty of duties and responsibilities and are assigned different grades. [Sec. 3, PD 985]. Serious. Important, weighty, momentous, and not trifling. [Buenaventura v. Benedicto, Adm. Case 137-J. Mar. 27, 1971]. Serious case. A condition of a patient characterized by gravity or danger wherein based on the objective findings of a prudent medical officer on duty for the day when left unattended to, may cause loss of life or cause permanent disability to the patient. [Sec. 2, RA 8344]. Serious illegal detention. Crim. Law. The felony committed when a private individual, not any of the parents of the victim, unlawfully detains another, or in any manner depriving the latter of his liberty, and that any of the following circumstances is present: (a) That the detention lasts for more than 3 days; or {b} That it is committed simulating public authority; or {c} That any serious physical injuries are inflicted upon the victim or threats to kill him are made; or {(d) That the victim is a minor, female or a public officer. Serious illegal detention. Crim. Law. Elements: (a) That the offender is a private individual; (b) that he kidnaps or detains another, or in any manner deprives the latter of his liberty; (c) that the act of detention is illegal, not being ordered by any competent authority nor allowed by law; (d) that any of the following circumstances is present: (d.1) that the detention lasts for more than 5 days; or (d.2) that it is committed by simulating public authority; or (d.3) that any serious physical injuries are inflicted upon the person kidnapped or threats to kill him
1031
shall have been made; or (d.4) that the person kidnapped or detained is a minor, female, or a public officer. [People v. Mercado, GR 65152, 30 Aug. 1984]. Serious injury. A significant impairment in the position of a domestic industry after evaluation by competent authorities of all relevant factor of an objective and quantifiable nature having a bearing on the situation of the industry concerned, in particular, the rate and amount of the increase in imports of the products concerned in absolute and relative terms the share of the domestic market take by increased imports, change in level of sales, production, productivity, capacity utilization, profit and losses, and employment. [Sec. 4, RA 8800]. Serious misconduct. Misconduct of such a grave and aggravated character and not merely trivial or unimportant. Such misconduct, however serious, must, nevertheless, be in connection with the employee's work to constitute just cause for his separation. [Azucena, The Labor Code, Vol. II, Rev. Ed., 1996, p. 662]. Serious offense. An offense where the imposable penalty for the offense committed exceeds 6 years imprisonment. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Serious physical injuries. Crim. Law. The felony committed by any person who shall wound, beat, or assault another, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind; or the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged; or the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than 90 days; or if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than 30 days. [Art. 263, RPC]. Serious physical injuries. Crim. Law. Ways of committing: 1. Beating; 2. Assaulting; 3. Wounding; or 4. Administering noxious substances. [Art. 263 and 264, RPC]. Seriously ill mothers. Those who are: with severe infections; in shock; in severe cardiac or respiratory distress; or dying; or those with other conditions that may be determined by the attending physician as serious. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Serrano doctrine. Labor. The violation by the employer of the notice requirement in termination for just or authorized causes was not a denial of due process that will nullify the termination. However, the dismissal is ineffectual and the employer must pay full backwages from the time of termination until it is judicially declared that the dismissal was for a just or authorized cause. [From Serrano v. NLRC, GR 117040, May 4, 2000]. Compare with Agabon doctrine and Wenphil doctrine. Service. Rem. Law. 1. The act of providing a party with a copy of the pleading or paper concerned. If any party has ap-
1032
peared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the court. Where one counsel appears for several parties, he shall only be entitled to one copy of any paper served upon him by the opposite side. [Sec. 2, Rule 13, RoC]. 2. With respect to repair and service firms, services supplied in connection with a contact for construction, maintenance, repair, processing, treatment or cleaning of goods or of fixtures on land, or distribution of goods, or transportation of goods. [Art. 4, RA 7394]. 3. An act or action, such as work rendered or performed for another. Service and handling charge. A charge for expenses in procuring a loan which must be a reasonable or fair compensation for the actual expense or loss incurred or for the actual services rendered. Service by mail. Rem. Law. Service by registered mail made by depositing the copy in the office, in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after 10 days if undelivered. If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail. [Sec. 7, Rule 13, RoC]. Service contractor. Any person, partnership or corporation duly licensed by the secretary to recruit workers for its accredited projects or contracts overseas. [Sec. 2, RA 8042]. Service contracts. Infrastructure contracts entered into by any department, office or agency of the natl. govt. with private entities and non-government organizations for services related or incidental to the functions and operations of the department, office or agency concerned. [Sec. 2, RA 8975]. Service cooperative. One which engages in medical and dental care, hospitalization, transportation, insurance, housing, labor, electric light and power, communication and other services. [Art. 23, RA 6938]. Service cooperatives. Those which provide any type of service to its members, incl. but not limited to, transport, information and communication, insurance, housing, electric, health services, education, banking, and savings and credit. [Sec. 1, RA 9520]. Service enterprise. One engaged predominantly in the sale of services to individuals for their own or household use. [Sec. 1, PD 1634]. Service establishment. One primarily engaged in the sale of service to individuals for their own or household use and is generally recognized as such. [Sec. 1, Rule 7, Book 3, IRR of LC]. Service fee. The amount charged by a licensee or authority holder from its foreign employer-principal or partner as payment for actual services rendered in relation to the recruitment and employment of workers for said principal or partner. [Sec. 1, Rule 1, IRR of LC]. Service incentive leave (SIL). A leave of 5 days with pay to which every employ-
1033
ee who has rendered at least one year of service shall be entitled. [Art. 95, LC]. Service mark. 1. A mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising. [Art. 188, RPC]. 2. A mark or symbol used to identify a person who provides services. Service of process. The delivery of writs, summonses, and subpoenas by delivering them to the party named in the document. Also referred to as Service. Service organization. An intergovernmental organization that carries on some particular program. Service provider. A provider of: I. Online services or network access or the operator of facilities therefor incl. entities offering the transmission, routing, or providing of connections for online communications, digital or otherwise, bet. or among points specified by a user, of electronic documents of the user's choosing; or II. The necessary technical means by which electronic documents of an originator may be stored and made accessible to designated or undesignated 3rd party. [Sec. 5, RA 8792]. Service sectors. Any parts of the economy involving the performance of a service. Servicer. The entity designated by the special purpose entity (SPE) to collect and record payments received on the assets, to remit such collections to the SPE, and perform such other services as may be specifically required by the SPE, excluding asset management or administration. [Sec. 3, RA 9267]. Services. 1. Those services that are the subject of a consumer transaction, either together with, or separate from any kind of personal property, whether tangible or intangible. [Art. 4, RA 7394]. 2. The duties, work or functions performed or discharged by a govt. officer, or by a private person contracted by the government, as the case may be. [Sec. 1, PD 426]. Services rendered under compulsion in payment of debt. Crim. Law. The felony committed by any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer. [Art. 274, RPC]. Servient. Subordinate. Servient estate. The immovable which is subject to the easement. [Art. 613, CC]. See Dominant estate. Servitude. From Lat. servitudo: slavery. A right to the use of another's property. See also Easement. Set-off. A counterclaim demand which the defendant holds against the plaintiff, arising out of a transaction extrinsic of plaintiffs cause of action. A claim filed by a defendant against the plaintiff when sued and in which he seeks to cancel the amount due from him or to recover an amount in excess of the plaintiffs claim against him. Setting fire to property exclusively owned by the offender. Crim. Law. The felony committed if the property
1034
burned shall be the exclusive property of the offender, or, if the arson shall have been committed for the purpose of defrauding or causing damage to another, or, prejudice shall actually have been caused, or if the thing burned shall have been a building in an inhabited place. [Art. 326, RPC]. Settlement. An agreement bet. the parties disposing of a lawsuit. Settlers. Persons who range from the forest-clearing pioneers, incl. indigenous people, with a subsistence economy to the better equipped and more experienced farmers. [Sec. 3, RA 10000]. Settlor. The person who sets up a trust. Also referred to as Grantor. Severable. Capable of being severed or separated; separable into legally distinct rights or obligations, as a contract. Severability clause. A clause in a contract that allows for the terms of the contract to be independent of one another, so that if a term in the contract is deemed unenforceable by a court, the contract as a whole will not be deemed unenforceable. If there were no severability clause in a contract, a whole contract could be deemed unenforceable because of one unenforceable term. Severabilty doctrine. See Separability doctrine. Several. Separate or respective. Several obligation. One by which one individual binds himself to perform the whole obligation. [Ronquillo v. CA, GR L-55138. Sep. 28, 1984]. Severance. Labor. The termination of contractual association (as employment). [Marcopper Mining Corp. v. NLRC, GR 83207. Aug. 5, 1991, 1969 Ed. p. 2081]. Severance pay. Labor. 1. An allowance usu. based on length of service that is payable to an employee on severance except usu. in case of disciplinary discharge. [Marcopper Mining Corp. v. NLRC, GR 83207. Aug. 5, 1991, 1969 Ed. p. 2081]. 2. Compensation due an employee upon the severance of his employment status with the employer. [Ibid.]. Sewage. Water-borne human or animal wastes, excluding oil or oil wastes, removed from residences, building, institutions, industrial and commercial establishments together with such groundwater, surface water and storm water as maybe present incl. such waste from vessels, offshore structures, other receptacles intended to receive or retain waste or other places or the combination thereof. [Sec 4, RA 9275]. Sewerage. Any system or network of pipelines, ditches, channels, or conduits incl. pumping stations, lift stations and force mains, service connections incl. other constructions, devices, and appliances appurtenant thereto, which includes the collection, transport, pumping and treatment of sewage to a point of disposal. [Sec 4, RA 9275]. Sex. The sum of peculiarities of structure and function that distinguish a male from a female or the distinction bet. male and female. [Silverio v. Rep., GR 174689; Oct. 22, 2007].
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Sex impulse. Legal Med. An irresistible desire to sexual perversion. [Olarte, Legal Med., 1st Ed. (2004), p. 151]. Sex of a person. [It] is determined at birth, visually done by the birth attendant [the physician or midwife] by examining the genitals of the infant. Considering that there is no law legally recognizing sex reassignment, the determination of a persons sex made at the time of his or her birth, if not attended by error, is immutable. [Silverio v. Rep., GR 174689; Oct. 22, 2007]. Sex reassignment. A male-to-female post-operative transsexual. Silverio v. Rep., GR 174689; Oct. 22, 2007]. Sex tourism. A program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists. This includes sexual services and practices offered during rest and recreation periods for members of the military. [Sec. 3, RA 10364; Sec. 3, RA 9208]. Sexual abuse. The employment, use, persuasion, inducement, enticement or coercion of a child to engage in, or assist another person to engage in, sexual intercourse or lascivious conduct or the molestation, prostitution, or incest with children. [Sec. 2(g) and (h) of the Rules and Regulations to implement RA 7610; People v. Sumingwa, GR 183619, 13 Oct. 2009]. Sexual abuse. 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 subjected to other sexual abuse; and (3) the child, whether male or female, is below 18 years of age. [Sec. 5(b), Art. III of RA 7610; Amployo v. People, GR 157718, 26 Apr. 2005]. Sexual anaesthesia. Legal Med. The absence of sexual desire. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Sexual congress. Carnal knowledge. Sexual intercourse. Sexual exploitation. Participation by a person in prostitution, pornography or the production of pornography, in exchange for money, profit or any other consideration or where the participation is caused or facilitated by any means of intimidation or threat, use of force, or other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or of position or of legal process, taking advantage of the vulnerability of the person, or giving or receiving of payments or benefits to achieve the consent of a person having control over another person; or in sexual intercourse or lascivious conduct caused or facilitated by any means as provided in RA 10364. [Sec. 3, RA 10364]. 2. Participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim's vulnerability. [Sec. 3, RA 9208]. Sexual harassment. 1. A work, education or training-related offense committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over an-
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other in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of RA 7877. [Sec. 3, RA 7877]. 2. A term used in human rights legislation and referring primarily to harassment in employment situations, related to sex or gender, which detrimentally affects the working environment. The most overt variation of sexual harassment is the quid pro quo offer of work-favor in exchange for sexual favor. Sexual health. A state of physical, mental and social well-being in relation to sexuality. It requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free from coercion, discrimination and violence. [Sec. 4, RA 10354]. Sexual intercourse. 1. Carnal copulation of a male and a female usu. implying actual penetration of the organs of the former and latter. [People v. Batis, GR 94188-89. Dec. 17, 1992, 4th Ed., p. 1541]. 2. Penetration of a man's penis into a woman's vagina. Sexual propensity. Eroticism. [Andal v. Macaraig, GR L-2474, May 30, 1951]. Sexual relations. A single sexual act which may or may not result in the bearing of a common child. [Sec. 3, RA 9262]. Sexual violence. An act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to: a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress or lover to live in the conjugal home or sleep together in the same room with the abuser; b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; c) Prostituting the woman or child. [Sec. 3, RA 9262]. Sexually transmitted diseases (STD). Any disease that may be acquired or passed on through sexual contact. [Sec. 4, RA 8496]. Sexually Transmitted Infection (STI). Any infection that may be acquired or passed on through sexual contact, use of IV, intravenous drug needles, childbirth and breastfeeding. [Sec. 4, RA 10354]. Shabu. See Methamphetamine hydrochloride or Poor man's cocaine. Shall. A word of command, and one which has always or which must be given a compulsory meaning, and-it is generally imperative or mandatory. It has the invariable significance of operating to impose a duty which may be enforced, particularly if public policy is in favor of this meaning or when public interest is involved, or where the public or persons have rights which ought to be exercised or enforced, unless a contrary intent appears. [Perez v. CA, GR 118870. Mar. 29, 1996].
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Shallow. Of little depth. Shallow tube well (STW). A tube or shaft vertically set into the ground for the purpose of bringing ground water to the soil surface from a depth of less than 20 meters by suction lifting. [Sec. 4, RA 8435]. Sham. Something false or empty purporting to be genuine. Shame. A painful feeling of humiliation or distress caused by the consciousness of wrong or foolish behavior. Shameless. An adjective which connotes having or showing no feeling of shame, modesty or decency; brazen or impudent. Share. A portion of a company bought by a transfer of cash in exchange for a certificate, the certificate constituting proof of share ownership. Persons owning shares in a company are called shareholders. There are 2 basic kinds of shares: common and preferred. Share cropper. (Leasehold) Tenant. [Toledo v. Court of Agrarian Relations, GR L-16054. July 31, 1963]. Share in escrow. Corp. Law. A share subject to an agreement by virtue of which the share is deposited by the grantor or his agent with a 3rd person to be kept by the depositary until the performance of a certain condition or the happening of a certain event contained in the agreement. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 63]. Share of stock. Corp. Law. 1. An aliquot part of the corporations property, or the right to share in its proceeds to that extent when distributed acc. to law and equity and that its holder is not the owner of any part of the capital of the corporation. [Mobilia Products, Inc. v. Umezawa, GR 149357 and 149403, Mar. 4, 2005]. 2. One of the proportionate integers or units of the capital stock, and in the interest or right which the owner or holder thereof has in the management of the corporation and to share in the profits and in the property and assets thereof on dissolution, after payment of the corporate debts and obligations. [Diaz, Bus. Law Rev., 1991 Ed., p. 254]. See also Stock. Share tenancy. The relationship which exists whenever 2 persons agree on a joint undertaking for agricultural production wherein one party furnishes the land and the other his labor, with either or both contributing any one or several of the items of production, the tenant cultivating the land personally with the aid of labor available from members of his immediate farm household, and the produce thereof to be divided bet. the landholder and the tenant. [Sec. 166, RA 3844]. Share tenancy. Also Agricultural lease relationship. Elements: (a) The parties are the landowner and the tenant or agricultural lessee; (b) the subject matter of the relationship is agricultural land; (c) there is consent bet. the parties to the relationship; (d) the purpose of the relationship is to bring about agricultural production; (e) there is personal cultivation on the part of the tenant or agricultural lessee, and (f) the harvest is shared bet. the landowner and the tenant or agricultural lessee. [Cuao v. CA, GR 107159. Sep. 26, 1994]. Share tenant. A person who, himself and with the aid available from within his immediate farm household, cultivates
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the land belonging to or possessed by another, with the latter's consent, for purposes of production, sharing the produce with the landholder. [Delos Reyes v. Espineli, GR L-28280-81. Nov. 28, 1969]. Shared governance agreement. Intl. Law. An agreement by which 2 or more states share in the governance of a territory. Shareholder. 1. The term includes a member in an association, joint-stock company, or insurance company. [Sec. 22, NIRC, as amended]. 2. The owner of a share interest in a company. Also known as Stockholder. Shareholder agreement. A contract bet. the shareholders of the company and the company itself, in which certain things, usu. the purview of the board of directors, are detailed. For example, a shareholder might be allowed to manage the company, instead of a board of directors. The shareholder agreement will also, typically, control inflows to the company (purchase of shares), how profits are to be distributed, dispute resolution and what to do if a shareholder dies. Shareholding. A holding in the form of shares of corporations. Shari'a. Arabic. Jurisprudence. 1. The term has the meaning assigned to it by Islamic law and jurisprudence as expounded by authoritative sources; in the context of RA 6848, it is construed by reference to pertinent Quranic ordinances and applicable rules in Islamic jurisprudence on business transactions. [Sec. 44, RA 6848]. 2. The Islamic legal system. It is based upon principles found in the Koran and related writings. Shari'a District Courts and Shari'a Circuit Courts. Courts of limited jurisdiction created as part of the judicial system to exercise powers and functions in accordance with Title I, Book IV of PD 1083 or the "Code of Muslim Personal Laws of the Phils." Shelter. A place giving temporary protection from bad weather or danger. Shelter-care institution. An institution that provides temporary protection and care to children requiring emergency reception as a result of fortuitous events, abandonment by parents, dangerous conditions of neglect or cruelty in the home, being without adult care because of crisis in the family, or a court order holding them as material witnesses. [Art. 117, PD 603]. Sheltered employment. The provision of productive work for disabled persons through workshops providing special facilities, income-producing projects or homework schemes with a view to giving them the opportunity to earn a living thus enabling them to acquire a working capacity required in open industry. [Sec. 4, RA 7277]. Shepardize. To locate reports of appeals decisions based on prior precedents from Shepard's Citations, books which list the volume and page number of published reports of every appeals court decision which cites a previously decided case or a statute. Shepardizing. Method for finding subsequent development of a legal theory by
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tracing status of a case as legal authority. Shepard's Citations. A set of volumes published primarily for use by judges when they are in the process of writing judicial decisions and by lawyers when they are preparing briefs, or memoranda of law, that contain a record of the status of cases or statutes. Sheriff. 1. An officer of the court upon whom the execution of a final judgment depends [and who] must necessarily be circumspect and proper in his behavior. [Pesongco v. Estoya, AM P-062131; Mar. 10, 2006]. 2. The officer charged with this delicate task [of} execution of judgment. [Moya v. Bassig, AM 2796-P, 7 Aug. 1985; Caja v. Nanquil, AM P-04-1885, 13 Sept. 2004]. Sheriffs return. An official statement by a public official in the performance of a duty esp. enjoined by law and is prima facie evidence of the facts therein stated. SHFC. See Social Housing Finance Corporation. Shifting. The transfer of the burden of a tax by the original payer or the one on whom the tax was assessed or imposed to another or someone else. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 53]. Shifting Majority doctrine. The doctrine wherein for each house of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required. See Doctrine of Shifting Majority. Ship. 1. Any sea-going vessel and seahome craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo: Provided, That a ship capable of carrying oil and other cargoes shall be regarded as a Ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard. [Sec. 3, RA 9483]. 2. Any kind, class or type of craft or artificial contrivance capable of floating in water, designed to be used, or capable of being used as a means of water transport in the domestic trade for the carriage of passengers or cargo, or both, utilizing its own motive power or that of another. [Sec. 3, RA 9295]. See Vessel. Ship agent. 1. The person entrusted with the provisioning or representing the vessel in the port in which it may be found. [Sec. 1, RA 9515]. 2. One who represents the ownership of the vessel, and who may, in his own name and in such capacity, take judicial and extrajudicial steps in matters relating to commerce. [Comm. of Int. Rev. v. US Lines Co., GR L-16850. May 30, 1962]. Ship mortgage. The pledging and charge upon title of a ship and its machinery as security for a loan. Ship mortgage decree of 1978. PD 1521 signed into law on June 11, 1978. Ship repair. The overhaul, refurbishment renovation improvement, or alteration of the hull, machineries, equipment, outfits and components of all types of ships. [Sec. 3, RA 9295]. Shipbuilder or Ship repairer. A citizen of the Phils., or a commercial partnership owned by majority of Filipinos or a cor-
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poration incorporated under the laws of the Phils., the capital of which is owned or controlled in any proportion by Filipinos or by foreign nationals, or by both such Filipinos or foreign nationals, or by corporations whether Filipino or foreignowned, which is duly authorized by the MARINA to engage in the business of shipbuilding or ship repair or to otherwise operate a shipyard, graving dock or marine repair yard. [Sec. 3, RA 9295]. Shipbuilding. The design, construction, launching and outfitting of all types of ships and watercraft. [Sec. 3, RA 9295]. Shipbuilding and dry-docking. The construction of vessels, tugboats, barges, tankers, and all component parts related to the industry, incl. dredging and drydocking equipment. [Sec. 2, RA 4095]. Shipper. Any person, partnership or corporation who shall procure for itself the services of a domestic ship operator for the carriage of its cargo in the domestic trade upon payment of proper compensation. [Sec. 3, RA 9295]. Shippers order. Terms in a bill of lading which means that the cargo therein is consigned only to the shipper or to its assignee. Therefore, the goods can only be released upon presentation of the original bill of lading by the consignee or its assignee. Shipwreck. The damage or destruction of a vessel at sea caused by collision, storm, grounding or any other marine peril at sea or in port rendering the vessel absolutely unnavigable or unable to pursue her voyage. Shipyard. The shipbuilding or re-pair facilities which have the capability to lift vessels above the waterline in order to effect ship work on vessels, appendages, structure, machinery and equipment. [Sec. 3, RA 9295]. Shoot. To fire or let fly a missile from a weapon. Shooting range. A facility established for the purpose of firearms training and skills development, firearm testing, as well as for sports and competition shooting either for the exclusive use of its members or open to the general public, duly registered with and accredited in good standing by the FEO of the PNP. [Sec. 3, RA 10591]. Shop steward. [One who] is appointed by the union in a shop, department, or plant and serves as representative of the union, charged with negotiating and adjustment of grievances of employees with the supervisor of the employer. He is the representative of the union members in a building or other workplace. [Santa Rosa Coca-Cola Plant Employees Union v. Coca-Cola Bottlers Phils., Inc., GR 164302-03, Jan. 24, 2007]. Shore. That space alternately covered and uncovered by the movement of the tide. Its interior or terrestrial limit is the line reached by the highest equinoctial tides. Where the tides are not appreciable, the shore begins on the land-side at the line reached by the sea during ordinary storms or tempests. [Amada v. Dir. of Lands, GR 6866. Aug. 31, 1912]. Shoreline. The line along which a large body of water meets the land. Short certificate of registration. A certificate issued by the FEO of the PNP for a government official or employee who
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was issued by his/her employer department, agency or GOCC a firearm covered by the long certificate of registration. [Sec. 3, RA 10591]. Shortswing transaction. Securities Law. A transaction where a person buys securities and sells or disposes of the same within a period of 6 months. [Suggested Answer for the 1994 Bar, UPLC, (2002), p. 108]. Short-term paper. Any note, draft, bill of exchange, or banker's acceptance payable on demand or having a maturity at the time of issuance of not exceeding 9 months, exclusive of days of grace, or any renewal thereof payable on demand or having a maturity likewise limited; and such other classes of securities, of a commercial rather than an investment character, as the SEC may designate by rules and regulations. [Sec. 3, RA 2629]. Shotgun. A weapon designed, made and intended to fire a number of ball shots or a single projectile through a smooth bore by the action or energy from burning gunpowder. [Sec. 3, RA 10591]. Show-ups. [Out-of-court identification(s) conducted by the police] where the suspect alone is brought face to face with the witness for identification. [People v. Teehankee, GR 111206-08. Oct. 6, 1995]. Compare with Mug shots and Line-ups. Shutdown. Labor. The willful act of the employer himself, following a complete lock-out as contrasted to the compulsory stoppage of operations as a result of a strike and walkout. It can truly be said that all shutdowns are lockouts, but not all lockouts constitute or effect shutdowns. [Sta. Mesa Slipways & Engg. Co., Inc. v. CIR, GR L-4521. Aug. 18, 1952]. Compare with Lockout. Sic utere tuo ut alienum non laedas. Lat. So use your property as not to injure the property of others. [Lim v. Pacquing, GR 115044. Jan. 27, 1995]. SID code. See Source identification code. Sideline. A local idiom which means an ancillary activity. [De Guzman v. CA, GR L-47822. Dec. 22, 1988]. Siga-siga. Tag. Tough characters. [People v. Pea, GR L-36435. Dec. 20, 1977]. Also Maton. Signature. From Lat. signare: to mark. The name of a person written by that person, or any distinctive mark meant to authenticate a writing. Signature by "procuration". Nego. Inst. It operates as notice that the agent has but a limited authority to sign, and the principal is bound only in case the agent in so signing acted within the actual limits of his authority. [Sec. 21, NIL]. Signature of counsel. Rem. Law. [It] constitutes a certificate by [the counsel representing a party] that he has read the pleading; that to the best of his knowledge, information and belief there is a good ground to support it; and that it is not interposed for delay. [Sec. 3, Rule 7, RoC]. Signature witnessing. Not. Law. A notarial act in which an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identified by the notary public through competent
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evidence of identity as defined by the Rules; and (c) signs the instrument or document in the presence of the notary public. [Sec. 14, Rule II, AM 02-8-13SC]. Signed resolution. The manner of adjudication by which the Sup. Court comprehensively resolves the motion for reconsideration filed in the case or when a dissenting opinion is registered against such resolution. The signed resolution shall no longer discuss issues resolved in the decision and need not repeat the facts and the law stated in it. It shall also bear the signatures of the Members who took part in the deliberation. [The Internal Rules of the Sup. Court, AM 10-420-SC, May 4, 2010]. Compare with Unsigned resolution. Significant cave. A cave which contains materials or possesses features that have archaeological, cultural, ecological, historical or scientific value as determined by the DENR in coordination with the scientific community and the academe. [Sec. 3, RA 9072]. SIL. See Service incentive leave. Silent partner. A person who invests in a company or partnership but does not take part in administering or directing the organization; he just shares in the profits or losses. Silviculture. The establishment, development reproduction and care of forest trees. [Sec. 3, PD 705]. Simbolica, Traditio. See Traditio simbolica. Simple annual rate. The uniform percentage which represents the ratio, on an annual basis, bet. the finance charges and the amount to be financed. It is not the measure of the total amount that is allowed to be added to the cash price. [Emata v. IAC, GR 72714. June 29, 1989]. Simple donation. One the cause of which is pure liberality (no strings attached). [De Luna v. Abrigo, GR 57455. Jan. 18, 1990]. Compare with Remuneratory donation or Onerous donation. Simple illegal possession of firearm, ammunition or explosive. Illegal possession of firearm, ammunition or explosive where no other offense is committed with the use of such firearm, ammunition or explosive. [Sec. 1, PD 1745]. Simple illegal possession. The sole, simple act of a person who shall, among others, unlawfully possess any firearm (or) ammunition. Obviously, possession of any firearm is unlawful if the necessary permit and/or license therefor is not first obtained. To that act is attached the penalty of reclusion temporal, maximum, to reclusion perpetua. The gravamen of the offense in its simplest form is, basically, the fact of possession of a firearm without license. [People v. Caling, GR 94784. May 8, 1992]. Compare with Aggravated illegal possession of firearm. Simple imprudence. It consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. [Art. 365, RPC]. Also Simple negligence. Simple institution. Succ. A kind of institution where the rights to the succession are transmitted from the moment of the
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death of the decedent. [Art. 777, CC]. Compare with Conditional institution. Simple interest. That which is paid for the principal or sum lent, at a certain rate or allowance, made by law or agreement of parties. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Compare with Compound interest. Simple loan or Mutuum. Money or other consumable thing, delivered by one of the parties to another, upon the condition that the same amount of the same kind and quality shall be paid. [Art. 1933, CC]. Simple majority. 50% plus 1 of the total number of association members. [Sec. 3, RA 9904]. Simple misconduct. An unacceptable behavior that transgresses the established rules of conduct for public officers. [Sps. Bautista v. Sula, AM P-041920, 17 Aug. 2007]. Simple neglect of duty. Failure to give proper attention to a required task. It signifies disregard of duty due to carelessness or indifference. [Atty. Dajao v. Lluch, 429 Phil. 620 (2002), note 22 at 626]. Simple negligence. A mere lack of prevision in a situation where either the threatened harm is not immediate or the danger not openly visible. [People v. Vistan, 42 Phil. 112-113 (1921)]. Also Simple imprudence. Simple negligence. Elements: (1) That there is lack of precaution on the part of the offender; and (2) that the damage impending to be caused is not immediate or the danger is not clearly manifest. [Gaid v. People, GR 171636, Apr. 7, 2009]. Simple rape. [Rape] committed without the attendance of any of the said qualifying circumstances [such as with the use of a deadly weapon or by 2 or more persons]. [People v. Dela Cruz, L28810, Mar. 27, 1974]. Compare with Qualified rape. Simple Resolution. A formal motion passed by a majority of a single legislative chamber. Examples: Resolution to extend sympathy on the death of a member; Resolution to express thanks to anyone; Resolution to create a committee. [Suarez, Stat. Con., (1993), p. 59]. Simple seduction. The seduction of a woman who is single or a widow of good reputation, over 12 but under 18 years of age, committed by means of deceit. [Art. 338, RPC]. Compare with Qualified seduction. Simple state. Intl. Law. A state where the direction of domestic and foreign affairs is placed in a central authority. An example is the Phils. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 12]. Compare with Composite state. Simple substitution. Also Common or Vulgar substitution. Succ. 1. The designation by the testator of one or more persons to substitute the heir or heirs instituted in case such heir or heirs should die before him, or should not wish, or should be incapacitated to accept the inheritance. 2. Kind of substitution where the testator may designate one or more person/s to substitute the heir/s instituted in case such heir/s should (a) die before him (predecease);
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or (b) should not wish to accept the inheritance (renounce); or (c) should be incapacitated to accept the inheritance (incapacitated). [Art. 859, CC]. Simple transactions. Requests or applications submitted by clients of a govt. office or agency which only require ministerial actions on the part of the public officer or employee, or that which present only inconsequential issues for the resolution by an officer or employee of said govt. office. [Sec. 4, RA 9485]. Compare with Complex transactions. Simplified net income taxation. A tax scheme for the self-employed and professionals engaged in the practice of their profession under the NIRC. [RA 7496]. Simulate. To give or assume the appearance or effect of often with the intent to deceive. Simulated marriage. A marriage lacking the essential elements which, before the eyes of the law, is not a marriage at all. Simulation. 1. Assumption of appearance which is feigned, false, deceptive, or counterfeit. 2. Simulation may be absolute or relative. [Art. 1345, CC]. See Absolute simulation and Relative simulation. Simulation of a contract. The fact that the apparent contract is not really desired or intended to produce legal effects or in any way alter the juridical situation of the parties. Thus, where a person, in order to place his property beyond the reach of his creditors, simulates a transfer of it to another, he does not really intend to divest himself of his title and control of the property; hence, the deed of transfer is but a sham. [Felix Vda. De Rodriguez v. Rodriguez, GR L23002. July 31, 1967]. Simulation of birth. The tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not his/her biological mother, causing such child to lose his/her true identity and status. [Sec. 3, RA 8552]. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. Crim. Law. The felony committed by any person who shall simulate births, substitute one child for another, or conceal or abandon any legitimate child with intent to cause such child to lose its civil status, or any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the foregoing crimes. [Art. 347, RPC]. Simultaneity principle. Succ. Principle in the institution of heirs which states that when the testator calls to the succession a person and his children, they are all deemed to have been instituted simultaneously and not successively. [Art. 849, CC]. Compare with Equality principle and Individuality principle. Sin perjuicio decision. Rem. Law. A decision which does not contain a statement of the facts which are essential to a clear understanding of the issues presented by the respective parties as to the facts involved. [Dir. of Lands v. Sanz, 45 Phil. 117, 121 (1923)]. Sin tax. A kind of sumptuary tax: a tax specifically levied on certain generally socially proscribed goods and services
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such as alcohol and tobacco, candies, soft drinks, fast foods, coffee, and gambling. Sin Tax Reform Law. RA 10351 which was enacted on Dec. 19, 2012 and took effect on Jan. 1, 2013 restructuring the excise tax on alcohol and tobacco products by amending Secs. 141, 142, 143, 144, 145, 8, 131 and 288 of RA 8424. otherwise known as the NIRC of 1997, as amended. Sine animo revertendi. Lat. Without any intention of returning. [Erlanger & Galinger v. Swedish East Asiatic Co., GR 10051. Mar. 9, 1916]. Sine die. Lat. Adjourned without giving any future date of meeting or hearing. A court that adjourns sine die essentially dismisses the case by saying that it never wants to hear the case again! A meeting which adjourns sine die has simply not set a date for it's next meeting. Sine spe recuperandi. Lat. Without any hope of recovering. [Erlanger & Galinger v. Swedish East Asiatic Co., GR 10051. Mar. 9, 1916]. Singapore import parity (SIP). The deemed landed cost of a petroleum product imported from Singapore at a free-on-board price equal to the average Singapore Posting for that product at the time of loading. [Sec. 4, RA 8479]. Singapore posting. The price of petroleum products periodically posted by oil refineries in Singapore and reported by independent international publications. [Sec. 4, RA 8479]. Single cab chassis. A motor vehicle with complete engine power train and chassis equipped with a cab that has a maximum of 2 doors and only 1 row of seats. [RA 9224]. Single larceny doctrine. The taking of several things, whether belonging to the same or different owners, at the same time and place constitutes but one larceny. [Defensor-Santiago v. Garchitorena, GR 109266. Dec. 2, 1993]. Single renvoi. The referral by the forum court to the conflict rules of a foreign state, but not to that state's renvoi rules. This may result in a reference back to the forum's domestic law [remission] or a reference to the domestic law of a 3rd state [transmission]. Single-family attached. A dwelling containing 2 or more separate living units each of which is separated from another by party or lot lines walls and provided with independent access, services, and use of land. Such dwellings shall include duplexes, row houses or terraces, and cluster housing. [Sec. 3, BP 220]. Single-family detached. A dwelling for one family which is completely surrounded by permanent open spaces, with independent access, services, and use of land. [Sec. 3, BP 220]. Single-line or Single-purpose cooperative. [It] shall include cooperative undertaking activities which are related to its main line of business or purpose. [Sec. 1, RA 9520]. Site description location. The exact location of the property being appraised situated in a certain locality by way of the technical descriptions on the land title (TCT) aside from the address men-
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tioned where it is situated. [Memo. from the Exec. Sec. dated Aug. 20, 1998]. Situation. Intl. Law. The initial stage of a dispute where the disagreement has not yet ripened into an actual conflict or where the issues have not yet been sufficiently formulated and defined. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 119]. Situs. Location. Situs criminis. Lat. Location or scene of the crime. Situs of taxation. It literally means a place of taxation; the country that has the power and jurisdiction to levy and collect the tax. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 7]. Situs rule. Provision of tax law setting out the factors which determine where a particular asset is situated or deemed to be situated for tax purposes. See Source rule. Situs theory. Also Eclectic theory. The capacity, legal condition, or status of an individual should be governed not necessarily by the law of his nationality but by the law of the place [situs] where an important element of the problem occurs or is situated. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 209]. Sixty (60) day freedom period. Labor. The last 60 days of the collective bargaining agreement (CBA) during which a petition for the conduct of a certification election may be filed by a legitimate labor organization. Any petition filed before or after the 60-day freedom period shall be dismissed outright. [Sec. 6, Rule V of LC]. SK. Sangguniang Kabataan. Skill. The acquired and practiced ability to carry out a task or job. [Sec. 4, RA 7796]. Skilled. Having or showing the knowledge, ability, or training to perform a certain activity well. Skilled birth attendance. Childbirth managed by a skilled health professional incl. the enabling conditions of necessary equipment and support of a functioning health system, incl. transport and referral faculties for emergency obstetric care. [Sec. 4, RA 10354]. Skilled health professional. A midwife, doctor or nurse, who has been educated and trained in the skills needed to manage normal and complicated pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complications in women and newborns. [Sec. 4, RA 10354]. Skills development. The process through which learners and workers are systematically provided with learning opportunities to acquire or upgrade, or both, their ability, knowledge and behavior pattern required as qualifications for a job or range of jobs in a given occupational area. [Sec. 4, RA 7796]. Skills standards. A level or graduated levels of proficiency generally accepted by industry in specific jobs, tasks, trades or occupations. [Sec. 1, Rule 1, Book 2, IRR of LC]. Sky rocket. Also called Kwitis. A large version of a baby rocket designed to be propelled to a height of 40 to 50 feet before exploding. [Sec. 2, RA 7183].
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Slander. 1. The speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood. [Victorio v. CA, GR 32836-37. May 31, 1989]. 2. Spoken defamation which tends to injure a person's reputation. See Libel or Oral defamation. Slander by deed. Crim. Law. The felony committed by any person who shall perform any act not included and punished in Title 13 of the Rev. Penal Code, which shall cast dishonor, discredit or contempt upon another person, or even if said act is not of a serious nature. [Art. 359, RPC]. SLAPP. A civil lawsuit brought as an intimidation measure against an activist. See Strategic lawsuit against public participation. Slaughterhouse. See Abattoir. Slave. A person who is the legal property of another and is forced to obey him. Slavery. Crim. Law. 1. The felony committed by anyone who shall purchase, sell, kidnap or detain a human being for the purpose of enslaving him, or for the purpose of assigning the offended party to some immoral traffic. [Art. 272, RPC]. 2. When a person [called "master"] has absolute power over another [called "slave"] incl. life and liberty. The slave has no freedom of action except within limits set by the master. The slave is considered to be the property of the master and can be sold, given away or killed. 3. The status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. [Sec. 3, RA 10364]. Sliding flexible work schedule. See Flexi time. Slight illegal detention. Crim. Law. The felony committed by any private individual who shall commit the crimes described in Art. 267 of the Rev. Penal Code without the attendance of any of circumstances enumerated therein, or by anyone who shall furnish the place for the perpetration of the crime, or by the offender who shall voluntarily release the person so kidnapped or detained within 3 days from the commencement of the detention, without having attained the purpose intended, and before the institution of criminal proceedings against him. [Art. 268, RPC]. Slight physical injuries. Crim. Law. The felony committed when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to 9 days, or shall require medical attendance during the same period, or when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance. [Art. 266, RPC]. Slow ahead. A maritime maneuver equivalent to 5 to 6 miles per hour. Slowdown. Labor. A strike on the installment plan. A willful reduction in the rate of work by concerted action of workers for the purpose of restricting the output of the employer, in relation to a labor dispute; as an activity by which workers, without a complete stoppage of work, retard production or their performance of duties and functions to compel management to grant their demands. [Ilaw at
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Buklod ng Manggagawa v. NLRC, GR 91980. June 27, 1991]. Sludge. Any solid, semi-solid or liquid waste or residue generated from a wastewater treatment plant, water supply treatment plant, or water control pollution facility, or any other such waste having similar characteristics and effects. [Sec 4, RA 9275]. Sluice. A sliding gate or other device for controlling the flow of water, esp. one in a lock gate. Sluice box. A rectangular, wooden launder provided with side walls and cross pieces of sawn lumber or round poles, metallic screen jute cloth or a combination of both, on its floor to retain gold. [Sec. 12, PD 1150]. Sluicing. Recovering gold by the use of sluice boxes. [Sec. 12, PD 1150]. Slum. A squalid and overcrowded urban street or district inhabited by very poor people. Slum community. Also Depressed community. The term referred to in P.D. 2016 cannot be considered additional beneficiaries of the Urban Land Reform Law (PD 1517) but merely additional places or properties covered under the said law. Slum Improvement and Re-settlement Program (SIR). The program of the Natl. Housing Authority (NHA) of upgrading and improving blighted squatter areas outside of Metro Manila pursuant to existing statutes and pertinent executive issuances. [Sec. 3, RA 7279]. Small agricultural producer. Any selfemployed individual who, by himself or with his family, provides the primary labor requirement of his business enterprise or one who earns at least 50% of his gross income from the payment, proceeds or income of the labor he provides. [Sec. 4, RA 7607]. Small and medium enterprise (SME). Any business activity or enterprise engaged in industry, agribusiness and/or services, whether single proprietorship, cooperative, partnership or corporation whose total assets, inclusive of those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, must have value falling under the following categories: Micro: not more than P1,500,000; Small: P1,500,001 to P15,000,000; and Medium: P15,000,001 to P60,000,000. [Sec. 4, RA 8435]. Small arms. Firearms intended to be or primarily designed for individual use or that which is generally considered to mean a weapon intended to be fired from the hand or shoulder, which are not capable of fully automatic bursts of discharge. [Sec. 3, RA 10591]. Small cattle. Also known as Ganado lanar y cabrio. The terms lanar and cabrio refer to sheep and goats, respectively. [People v. Nazareno, GR L40037. Apr. 30, 1976]. Small claims cases. Rem. Law. Actions before the Metropolitan Trial Courts, MTCs in Cities, MTCs and MCTCs for payment of money where the value of the claim does not exceed P100,000.00 exclusive of interest and costs. [Rule of Procedure for Small Claims Cases, AM 08-8-7-SC, Oct. 27, 2009].
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Small farmers. Natural persons dependent on small-scale subsistence farming as their primary source of income and whose sale, barter or exchange of agricultural products do not exceed a gross value P180,000 per annum based on 1992 constant prices. [Sec. 4, RA 7607]. Small farmers and fisherfolk. Natural persons dependent on small-scale subsistence farming and fishing activities as their primary source of income. [Sec. 4, RA 8435]. Small farmers and rural workers. Those who are engaged directly or indirectly in small farms and forest areas, workers in commercial farms and plantations, whether paid or unpaid, regular or season-bound. These shall include. but are not limited to, (a) small farmers who own or are still amortizing for lands that is not more than 3 hectares, tenants, leaseholders, and stewards; and (b) rural workers who are either wage earners, self-employed, unpaid family workers directly and personally engaged in agriculture, small-scale mining, handicrafts, and other related farm and off-farm activities. [Sec. 4, RA 9710]. Small Power Utilities Group (SPUG). The functional unit of the NPC mandated under RA 9136 to pursue missionary electrification function. [Sec. 4, RA 9513]. Small property owners. Those whose only real property consists of residential lands not exceeding 300 sq. m. in highly urbanized cities and 800 sq. m. in other urban areas. [Sec. 3, RA 7279]. Small savers instrument (SSI). An evidence of indebtedness of the Govt. of the Rep. of the Phils. which shall be in small denominations and sold at a discount from its redemption value, payable to bearer and redeemable on demand acc. to a schedule printed on the instrument, with a discount lower than the full stated rate if not held to maturity. The resources generated under this scheme shall be used primarily for micro-credit for the poor. SSIs are not eligible as legal reserve of banks and legal reserves prescribed of insurance companies operating in the Phils. [Sec. 3, RA 8425]. Smallholder farmer. A farmer owning or cultivating 5 hectares or less of farmland. [Sec. 3, RA 7307]. Small-scale. Small in scope. Small-scale fishing. See Municipal fishing. Small-scale mining. Mining activities which rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining equipment. [Sec. 3. RA 7076]. Small-scale mining contract. Coproduction, joint venture or mineral production sharing agreement bet. the State and a small-scale mining contractor for the small-scale utilization of a plot of mineral land. [Sec. 3. RA 7076]. Small-scale mining contractor. An individual or a cooperative of small-scale miners, registered with the SEC or other appropriate govt. agency, which has entered into an agreement with the State for the small-scale utilization of a plot of mineral land within a people's smallscale mining area. [Sec. 3. RA 7076]. Smelting. Melting or fusing of metallic ores or compounds so as to separate
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impurities from pure metals. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Smoking. The act of carrying a lighted cigarette or other tobacco products, whether or not it is being inhale or smoked. [Sec. 4, RA 9211]. SNITS. Simplified net income taxation scheme. So ordered. The phrase which court decisions generally contain. A decision, however, is valid and binding when it clearly and distinctly states the findings of facts and conclusions of law on which it is based. The phrase "so can very well be omitted in a decision without affecting its integrity and validity. [Nillo v. CA, GR 54079. June 29, 1989]. Social audit. A procedure wherein the cooperative assesses its social impact and ethical performance vis--vis its stated mission, vision, goals and code of social responsibility for cooperatives to be established by the CDA in consultation with the cooperative sector. It enables the cooperative to develop a process whereby it can account for its social performance and evaluate its impact in the community and be accountable for its decisions and actions to its regular members. [Sec. 1, RA 9520]. Social barriers. The characteristics of institutions, whether legal, economic, cultural, recreational or other, any human group, community, or society which limit the fullest possible participation of disabled persons in the life of the group. Social barriers include negative attitudes which tend to single out and exclude disabled persons and which distort roles and inter-personal relationships. [Sec. 4, RA 7277]. Social Case Study Report (SCSR). A written report of the result of an assessment conducted by a licensed social worker as to the social-cultural economic condition, psychosocial background, current functioning and facts of abandonment or neglect of the child. The report shall also state the efforts of social worker to locate the child's biological parents or relatives. [Sec. 2, RA 9523]. Social Housing Finance Corporation (SHFC). A corporation created by virtue of EO 272 issued on Jan. 20, 2004 as a wholly-owned subsidiary of the Natl. Home Mortgage Finance Corporation (NHMFC) mandated: (a) to undertake social housing programs that will cater to the formal and informal sectors in the low-income bracket; and (b) to take charge of developing and administering social housing programs, particularly the Community Mortgage Program (CMP) and the Abot-Kaya Pabahay Fund (AKPF) Program [Amortization support program and development and financing program]. Social justice. It is neither communism, nor despotism, nor atomism, nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Govt. of measures calculated to insure economic stability of all the component elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra-
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constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex. Social justice, therefore, must be founded on the recognition of the necessity of interdependence among divers and diverse units of a society and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life, consistent with the fundamental and paramount objective of the state of promoting the health, comfort, and quiet of all persons, and of bringing about 'the greatest good to the greatest number. [Justice Laurel in Calalang v. Williams, 70 Phil., 726]. Social legislation. Laws that pro-vide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice. [Azucena, The Labor Code with Comments and Cases, Vol. 1, 4th Ed. 1999, p. 8]. Social protection. Policies and programs that seek to reduce poverty and vulnerability to risks and enhance the social status and rights of all women, esp. the marginalized by promoting and protecting livelihood and employment, protecting against hazards and sudden loss of income, and improving people's capacity to manage risk. Its components are labor market programs, social insurance, social welfare, and social safety nets. [Sec. 4, RA 9710]. Social reform. The continuing process of addressing the basic inequities in Filipino society through a systematic, unified and coordinated delivery of socioeconomic programs or packages. [Sec. 3, RA 8425]. Social Reform and Poverty Alleviation Act. RA 8425 entitled An Act institutionalizing the social reform and poverty alleviation program, creating for the purpose the Natl. Anti-Poverty Commission, defining its powers and functions, and for other purposes enacted on Dec. 11, 1997. Social Security Act of 1987. RA 8282 entitled An Act further strengthening the Social Security System thereby amending for this purpose RA 1161, as amended, otherwise known as the Social Security Law enacted on May 1, 1997. Social Security Condonation Law of 2009. RA 9903 entitled An Act Granting the Social Security System a One-Time Authority to Condone Penalties on Unremitted or Delinquent Contributions by Employers enacted on Jan. 7, 2010. Social Security System (SSS). The Social Security System created under RA 1161, as amended. [Sec. 1, RA 9241]. Social work. 1. The profession which helps individuals, families, groups, and communities develop, improve, maintain or restore their capability for coping with the demands of their environment, through the use of social work methods and interventions. [Sec. 3, RA 9432]. 2. The profession which is primarily concerned with organized social service activity aimed to facilitate and strengthen basic social relationships and the mutual adjustment bet. individuals and their social environment for the good of the individual and of society. [Sec. 1, RA 4373]. Social work agency. A person, corporation or organization, private or govern-
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mental, that engages mainly and generally, or represents itself to engage in social welfare work, whether casework, group work, or community work, and obtains its finances, either totally or in part, from any agency or instrumentality of the govt. and/or from the community by direct or indirect solicitations and/or fund drives, and/or private endowment. [Sec. 1, RA 4373]. Social worker. A practitioner who by accepted academic training and social work professional experience possesses the skill to achieve the objectives as defined and set by the social work profession, through the use of the basic methods and techniques of social work (casework, group work, and community organization) which are designed to enable individuals, groups and communities to meet their needs and to solve the problems of adjustment to a changing pattern of society and, through coordinated action, to improved economic and social conditions, and is connected with an organized social work agency which is supported partially or wholly from govt. or community solicited funds. [Sec. 1, RA 4373]. Socialized and economic housing. A type of housing project provided to moderately low income families with lower interest rates and longer amortization periods. [Sec. 3, BP 220]. Socialized and Low-Cost Housing Loan Restructuring Act of 2008. RA 9507 entitled An Act to Establish a Socialized and Low-Cost Housing Loan Restructuring and Condonation Program, Providing the Mechanisms Therefor, and for Other Purposes enacted on Oct. 13, 2008. Socialized housing. Housing programs and projects covering houses and lots or home lots only undertaken by the government or the private sector for the underprivileged and homeless citizens which shall include sites and services development, long - term financing, liberalized terms on interest payments, and other benefits in accordance with the provisions of RA 7279, otherwise known as the Urban Devt. and Housing Act of 1992 (UDHA). [Sec. 3, RA 9904; Sec. 3, RA 7279]. Socialized Tuition and Financial Assistance Program (STFAP). More popularly known as Iskolar ng Bayan Program, it was first implemented in UP during the 1st semester of 1989-1990 as a major reform designed to democratize undergraduate student admission. This called for a radical departure from the old fee and scholarship structure of UP, resulting in tremendous benefits for lowincome and disadvantaged students. Sociedad anonima. Sp. Anonymous partnership. [Reyes v. Compaia Maritima, GR 1133. Mar. 29, 1904]. Socio-culturally sound. The consideration of the social structure of the community such as leadership pattern, distribution of roles across gender and age groups, the diversity of religion and other spiritual beliefs, ethnicity and cultural diversity of the population. [Sec. 4, RA 8435]. Sodomy. 1. Anal copulation by sexual deviants or copulation with a beast. [Olarte, Legal Med., 1st Ed. (2004), p. 117]. 2. Unnatural sex acts, incl. copulation, either bet. 2 persons of the same sex or bet. a person and an animal (the latter act is known as bestiality).
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Solar energy. The energy derived from solar radiation that can be converted into useful thermal or electrical energy. [Sec. 4, RA 9513]. Solar energy systems. Energy systems which convert solar energy into thermal or electrical energy. [Sec. 4, RA 9513]. Solar month. One twelfth of a solar year, totaling 30 days, 10 hours, 29 minutes, 3.8 seconds. See Civil month. Sole and exclusive competence of the labor tribunal doctrine. Labor. The doctrine that recognizes the Labor Arbiters exclusive jurisdiction to hear and decide the following cases involving all workers, whether agricultural or nonagricultural: (1) Unfair labor practice cases; (2) Termination disputes; (3) If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rate of pay, hours of work and other terms and conditions of employment; (4) Claims for actual, moral, exemplary and other forms of damages arising from the employeremployee relations; (5) Cases arising from any violation of Art. 264 of the Labor Code, incl. questions involving the legality of strikes and lockouts; and (6) Except claims for employees compensation, social security, medicare and maternity benefits, all other claims arising from employer-employee relations, incl. those of persons in domestic or household service, involving an amount exceeding P5,000.00, whether or not accompanied with a claim for reinstatement. [From Art. 217, LC]. Sole practitioners. The term lawyers who practice alone are often called. [Cayetano v. Monsod, GR 100113. Sep. 3, 1991]. Sole proprietorship. A type of business entity that is owned and run by one individual and in which there is no legal distinction bet. the owner and the business. Solemn contracts. Contracts which the law itself requires to be in some particular form (writing) in order to make them valid and enforceable. [Dauden-Hernaez v. Delos Angeles, GR L-27010. Apr. 30, 1969]. Solicit. 1. To petition persistently; importune. 2. To entice or incite to evil or illegal action. Solicitation Permit Law. PD 1564 entitled Amending Act 4075, otherwise known as the Solicitation Permit Law signed into law on June 11, 1978. Solicitor. A lawyer that restricts his practice to the giving of legal advice and does not normally litigate. Solicitor General. The principal law officer and legal defender of the (Phil.) Govt. [Sec. 34, Chap. 12, EO 292]. Solidary. Jointly and/or severally; individually and/or collectively; in solidum. [Diaz, Bus. Law Rev., 1991 Ed., p. 26]. Solidary co-debtors. Debtors either of whom is indispensable and are not even indispensable parties because complete relief may be obtained from either. Compare with Joint debtor. Solidary liability. [It occurs] only when the obligation expressly so states, when the law so provides or when the nature of the obligation so requires. [Industrial Mgt. Intl. Devt. Corp. v. NLRC, 387 Phil. 659, 666 (2000).
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Solidary obligation. A legal relationship where one or more of several debtors are each liable to pay the entire amount, or one or more of several creditors each able to collect the whole. Solidary or Joint and several obligation. 1. One in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation. [Industrial Mgt. Intl. Devt. Corp. v. NLRC, 387 Phil. 659, 666 (2000). 2. An obligation in which each debtor is liable for the entire obligation, and each creditor is entitled to demand the whole obligation. [Inciong v. CA, GR 96405. June 26, 1996]. Compare with Joint obligation. Solo parent. Any individual who falls under any of the following categories: (a) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child; (b) parent left solo or alone with the responsibility of parenthood due to death of spouse; (c) parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least 1 year; (d) parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner; (e) parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least 1 year, as long as he/she is entrusted with the custody of the children; (f) parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children; (g) parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least 1 year; (h) unmarried mother or father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution; (i) any other person who solely provides parental care and support to a child or children; (j) any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent. [Sec. 3, RA 8972]. Solo Parents' Welfare Act of 2000. RA 8972 entitled An Act Providing for Benefits and Privileges to Solo Parents and their Children, Appropriating Funds Therefor and for Other Purposes enacted on Nov. 7, 2000. Solutio indebiti. 1. A civil law concept whereby the obligation to return something arises if it was received when there is no right to demand it, and it was unduly delivered through mistake. [Art. 2154, CC]. 2. A tie or juridical relation which, by virtue of a payment of what is not due, made through mistake, is created bet. the person who paid and the one who received the payment, compelling the latter in consequence thereof, to return what he has received. [Torres, Oblig. & Cont., 2000 Ed., p. 291]. 3. It is one of the concrete manifestations of the ancient principle that no one shall unjustly enrich himself at the expense of another. [Velez v. Balzara, 73 Phil. 630]. Solutio indebiti. Requisites: (a) That something has been received when there was no right to demand it and (b) the same was unduly delivered through
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mistake. [PNB v. CA, GR 97995. Jan. 21, 1993]. Solvency. Ability to pay debts as they mature. Ability to pay debts in the usual and ordinary course of business. Excess of assets over liabilities. Solvent. Having assets in excess of liabilities; able to pay one's debts. Solvent bank. One in which its assets exceed its liabilities. [Banco Filipino Savings and Mortgage Bank v. The Monetary Board, GR 70054. Dec. 11, 1991]. SONA. See State of the Nation Address. Sorcery. The use of power gained from the assistance or control of evil spirits, esp. for divining; divination by black magic; necromancy; witchcraft. [People v. Sario, GR L-20754 & L-20759. June 30, 1966]. Sound. In good condition; not damaged, injured, or diseased. Sound recording. The fixation of the sounds of a performance or of other sounds, or representation of sound, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work. [Sec. 202, RA 8293]. Sound value. Also Net appraised value. The value per appraisal computed by deducting observed depreciation from appraised value. [RCPI v. Natl. Wages Council, GR 93044. Mar. 26, 1992]. Source. The word conveys only one idea, that of origin. [Manila Gas Corp. v. Coll. Of Int. Rev., GR 42780. Jan. 17, 1936]. Source code. A text listing of commands to be compiled or assembled into an executable computer program. Source documents. Documents such as account vouchers, purchase orders and sales invoices from which the information contained in a general ledger is gathered. [Kepco Phils. Corp. v. Comm. of Int. Rev., GR 179356. Dec. 14, 2009]. Source identification code (SID code). A system of codes to identify the source of all optical media mastered, manufactured or replicated by any establishment or entity. [Sec. 3, RA 9239]. Source of an income. The property, activity or service that produced the income. [Howden and Co., Ltd. v. Coll. of Int. Rev., 13 SCRA 601 (1965)]. Source rule. Also Situs rule. Taxation of taxable items by the country of source or location. [Comm. of Int. Rev. v. Procter & Gamble Phil., GR 66838. Dec. 2, 1991]. Compare with Domiciliary or nationality principle. Sources of income. All sources, whether derived from practice of profession, business, and the like, for the preceding calendar year. [CSCs Guidelines on the use of the rev. SALN form]. SOV. Statement of Votes. Sovereign. It has 2 meanings. The 1st one is a technical word for the monarch [king or queen] of a particular country as in "the Sovereign of England is Queen Elizabeth." The other meaning of the word is to describe the supreme legislative powers of a state: that they are totally independent and free from any out-
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side political control or authority over their decisions. Sovereign equality of states principle. Under the principle, one state cannot assert jurisdiction over another in violation of the maxim par in parem non habet imperium (an equal has no power over an equal). [Jusmag v. NLRC, GR 108813. Dec. 15, 1994]. Sovereign immunity. The doctrine that the government, state or federal, is immune to lawsuit unless it give its consent. Sovereign immunity doctrine. 1. The doctrine expressly provided in Art. XVI of the 1987 Consti., viz: Sec. 3. The State may not be sued without its consent. 2. The doctrine that holds that a sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. Also called Non-suability doctrine. Sovereign immunity, Classical or Absolute theory of. Acc. to the classical or absolute theory, a sovereign cannot, without its consent, be made a respondent in the courts of another sovereign. [USA v. Ruiz, 136 SCRA 487 (1987)]. Sovereign immunity, Newer or Restrictive theory of. Acc. to the newer or restrictive theory, the immunity of the sovereign is recognized only with regard to public acts or acts jure imperii of a state, but not with regard to private acts or acts jure gestionis. [USA v. Ruiz, 136 SCRA 487 (1987)]. Sovereign or State immunity. Doctrine that municipal courts must decline to hear suits against foreign sovereigns. Sovereignty. Pol. Law. The right to exercise the functions of a State to the exclusion of any other State. It is often referred to as the power of imperium, which is defined as the govt. authority possessed by the State. On the other hand, dominion, or dominium, is the capacity of the State to own or acquire property such as lands and natural resources. [Separate Opinion, Kapunan, J., in Cruz v. Sec. of DENR, GR 135385, Dec. 6, 2000]. Sovereignty of the skies principle. Intl. Law. Assertion made by states that they have complete and exclusive sovereignty over the airspace above their territories. Sower in bad faith. A sower who sows knowing that the land does not belong to him and that he has no right to sow thereon. Sower in good faith. A sower who sows unaware that there exists in his title or mode of acquisition on the land on which he sows any flaw which invalidates it. Spaghetti. A variety of alimentary paste made in cords of small diameter but larger than vermicelli and solid (not tubular as in macaroni). [Farm Implement Machinery Co. v. Comm. of Customs, GR L-12613. May 30, 1962]. Spanish Crown titles. Titles granted by the Spanish Crown are: (a) the titulo real or royal grant, (b) the concession special or special grant; (c) the "the composicion con el estado" title or adjust-
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ment title; (d) the titulo de compra or title by purchase and (e) the informacion possessoria or possessory information title which could become a "titulo gratuito" or a gratuitous title. [Dir. of Forestry v. Muoz, GR L-25459. June 28, 1968]. Spanish Mortgage Law. Also known as Ley Hipotecaria. The Mortgage Law of 1893 which provided for the systematic registration of titles and deeds as well as possessory claims. [Collado v. CA, GR 107764, Oct. 4, 2002]. Spare parts. 1. Any parts, appurtenances, and accessories of aircraft [other than aircraft engines and propellers], aircraft engines [other than propellers], propellers, and appliances, maintained for installation or use in an aircraft, aircraft engine, propeller, or appliance, but which at the time are not installed therein or attached thereto. [Sec. 3, RA 9497]. 2. The replacement parts or components of vessel, incl. but not limited to its hull, engines, machineries, equipment, appurtenances, necessaries accessories, article, supplies, materials, steel plates, aluminum plates, other metal plates, communications, equipment, and other parts or components thereof, installed abroad the ships necessary for its safe and efficient navigation and operation. [Sec. 3, RA 9295]. 2. Also Manufactured components. Any article designed or manufactured for the special purpose of being used or to replace, a component or integral part of a machine, equipment, vehicle or industrial plant and which by reason of some characteristics is generally classified as capital goods and, is primarily adapted for use a component part of such machines, equipment, vehicles or industrial plant, as may be allowed by any IRR. [Sec. 12, PD 1419]. 4. Metallic parts exclusively for railroad rolling stocks, irrigation and waterworks equipment, mining equipment, farm machineries, gasoline and diesel engines. [Sec. 2, RA 4095]. Sparklers. Pyrotechnic devices usu. made of black powder on a piece of wire or inside a paper tube designed to light up and glow after igniting. [Sec. 2, RA 7183]. Sparrow unit. The liquidation squad of the New People's Army with the objective of overthrowing the duly constituted government. [People v. Dasig, GR 100231. Apr. 28, 1993]. Speaker of the House. The presiding officer of the Philippines House of Representatives. Special. Designed for a particular purpose; confined to a particular purpose, object, person, or class and is, therefore, the antonym of general. [Rep. v. Asuncion, GR 108208. Mar. 11, 1994 1397 (6th Ed., 1990)]. Special accessing entity. A duly accredited private corporation engaged primarily in the business of providing credit reports, ratings and other similar credit information products and services. [Sec. 3, RA 9510]. Special administrator. 1. The person appointed by the court, when there is delay in granting letters testamentary or of administration by any cause incl. an appeal from the allowance or disallowance of a will, to take possession and charge of the estate of the deceased until the questions causing the delay are decided and executors or administrators appointed. [Sec. 1, Rule 80, RoC]. 2.
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The representative of decedent appointed by the probate court to care for and preserve his estate until an executor or general administrator is appointed. Special administrator. Duties and obligations: (1) To administer the estate and pay the debts; (2) to perform all judicial orders; (3) to account within 1 year and at any other time when required by the probate court; and (4) to make an inventory within 3 months. [Ocampo v. Ocampo, GR 187879, July 5, 2010]. See Administrators bond. Special agency. An agency that comprises all the business of the principal. [Art. 1876, CC]. Compare with General agency. Special agent. A public official, who must not only be specially commissioned to do a particular task but that such task must be foreign to said official's usual governmental functions. A private individual commissioned by the govt. for a special governmental task. [Fontanilla v. Maliaman, GR 55963. Dec. 1, 1989]. Special aggravating circumstances. Those which arise under special conditions to increase the penalty for the offense to its maximum period, but the same cannot increase the penalty to the next higher degree. Examples are quasi-recidivism under Art. 160 and complex crimes under Art. 48 of the Rev. Penal Code. It does not change the character of the offense charged. Moreover, it cannot be offset by an ordinary mitigating circumstance. [Palaganas v. People, GR 165483, Sept. 12, 2006]. Compare with Generic aggravating circumstances. Special aircraft jurisdiction of the Philippines. This includes: (i) Civil aircraft of the Phils.; and (ii) Any other aircraft within the jurisdiction of the Phils., while the aircraft is in flight, which is from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation or, in case of a forced landing, until the competent authorities take over the responsibility of the aircraft and the persons and property aboard. [Sec. 3, RA 9497]. Special Allowances for the Judiciary (SAJ). Special allowances granted to all justices, judges and all other positions in the Judiciary with the equivalent rank of justices of the CA of the RTC as authorized under existing laws equivalent to 100% of the basic monthly salary specified for their respective salary grades under RA 6758, as amended, otherwise known as the Salary Standardization Law, to be implemented for a period of 4 years [and to be sourced from, and charged against, the legal fees]. [Secs. 2 and 3, RA 9227]. Special appropriations bill. A bill [in Congress] which specifies the purpose for which it is intended, and is supported by funds actually available as certified by the Natl. Treasurer, or to be raised by a corresponding revenue proposed therein. [Sec. 25(4), Art. VI, 1987 Consti.]. Compare with General appropriations bill. Special assessment. Taxation. An enforced proportional contribution from owners of lands esp. or peculiarly benefited by public improvements. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 16].
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Special Ballot Reception and Custody Group (SBRCG). The group constituted by the Commission to receive and take custody of all accountable and other election forms, supplies and paraphernalia from the OFOV for transmittal to the Special Board of Election Inspectors and Special Board of Canvassers. [Sec. 2, RA 10590]. Special Board of Canvassers (SBOC). The body deputized by the Commission to canvass the overseas voting election returns submitted to it by the Special Board of Election Inspectors. [Sec. 2, RA 10590]. Special Board of Election Inspectors (SBEI). The body deputized by the Commission to conduct the voting and counting of votes.[Sec. 2, RA 10590]. Special civil action for quo warranto. [An action concerning] questions of disloyalty to the State, or of ineligibility of the winning candidate. The objective of the action is to unseat the ineligible person from the office, but not to install the petitioner in his place. Any voter may initiate the action, which is, strictly speaking, not a contest where the parties strive for supremacy because the petitioner will not be seated even if the respondent may be unseated. [Lokin v. Comelec, GR 179431-32, June 22, 2010]. Special complex crime. The resulting crime where the law provides a single penalty for 2 or more component offenses. [People v. Larraaga, GR 138874-75, Feb. 3, 2004, 421]. See Composite crime. Special complex crime of rape with homicide. Elements: (1) The appellant had carnal knowledge of a woman; (2) carnal knowledge of a woman was achieved by means of force, threat or intimidation; and (3) by reason or on occasion of such carnal knowledge by means of force, threat or intimidation, the appellant killed a woman. [People v. Mabute, GR 185012, Mar. 5, 2010]. Also Rape with homicide. Special complex crimes under the RPC. [Some of these crimes] are (1) robbery with homicide, (2) robbery with rape, (3) kidnapping with serious physical injuries, (4) kidnapping with murder or homicide, and (5) rape with homicide. [Arts. 294, par. 1., 294, par. 2., 267, par. 3., 267, last par., and 335, RPC, respectively]. Special crossed check. A check on which are placed 2 parallel lines diagonally on the left top portion of the check and bet. such lines is written the name of a bank or a business institution, in which case the drawee should pay only with the intervention of that bank or company. [State Investment House v. IAC, GR 72764. July 13, 1989]. Compare with General crossed check. Special crossing. The crossing of a check where the name of a bank or a business institution is written bet. the 2 parallel lines, which means that the drawee should pay only with the intervention of that company. [Associated Bank v. CA, GR 89802. May 7, 1992]. Compare with General crossing. Special day. A special holiday, as provided by the Administrative Code of 1987. [Associated Labor Unions (ALU)-TUCP v. Letrondo-Montejo, GR 111988. Oct. 14, 1994].
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Special deposit. A delivery of money or other property to a bank for safekeeping and return in kind (the same kind). Title to the thing deposited remains in the depositor, and the bank becomes his agent, bailee, or trustee. Special Economic Zone Act of 1995, The. RA 7916 entitled An Act providing for the legal framework and mechanisms for the creation, operation, administration, and coordination of special economic zones in the Phils., creating for this purpose, the Phil. Economic Zone Authority (PEZA), and for other purposes enacted on Feb. 24, 1995. Special Economic Zones (SEZ). Selected areas with highly developed or which have the potential to be developed into agro-industrial, industrial, tourist or recreational, commercial, banking, investment and financial centers. An Ecozone may contain any or all of the following: industrial estates (IEs), export processing zones (EPZs), free trade zones, and tourist or recreational centers. [Sec. 4, RA 7916]. Special indorsement. Nego. Inst. An indorsement that specifies the person to whom, or to whose order, the instrument is to be payable, and the indorsement of such indorsee is necessary to the further negotiation of the instrument. [Sec. 34, NIL]. Special injury. Material, moral and physical injury sustained by a property owner and members of his family, and not shared by the general public, by reason of a public nuisance. Special judgment. A judgment that requires the performance of any other act than the payment of money or the sale or delivery of real or personal property. [NHMFC v. Abayari, GR 166508, Oct. 2, 2009]. Special law. A law which is different from others of the same general kind or design for a particular purpose or limited in range or confined to a prescribed field of action or operation. Special motion. A motion addressed to the discretion of the court. Special or Secondary franchise. The right vested in the corporation which may ordinarily be conveyed or mortgaged under a general power granted to a corporation to dispose of its property, except such special or secondary franchises as are charged, with a public use. [JRS Business v. Imperial Ins., GR L-19891. July 31, 1964]. Compare with Primary or corporate franchise. Special order of demolition. Civ. Law. The special order issued by the court to an officer to destroy, demolish or remove the improvements constructed or planted by the judgment obligor or his agent [in] the property subject of execution, upon motion of the judgment obligee after due hearing and after the former has failed to within a reasonable time fixed by the court. [Guario v. Ragsac, AM P-08-2571, 27 Aug. 2009; Torres v. Sicat, Jr., 438 Phil. 109 (2002)]. Special packaging. A packaging that is designed or constructed to be significantly difficult for children 5 years of age to open or to obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly but does not mean packaging which all
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such children cannot open or obtain a toxic or harmful amount within a reasonable time. [Art. 4, RA 7394]. Special proceeding. A remedy by which a party seeks to establish a status, a right, or a particular fact. [Sec. 3(c), Rule 1, RoC]. Special project or undertaking. Under Art. 280 of the Labor Code, it contemplates an activity which was commonly or habitually performed or such type of work which is not done on a daily basis but only for a specific duration of time or until the completion of the project. The services employed are thus necessary or desirable in the employer's usual business only for the period of time it takes to complete the project. Without the performance of such services on a regular basis, the employer's main business is not expected to grind to a halt. [Tucor Industries, Inc. v. NLRC, GR 96608-09. May 20, 1991]. Special project training. An organized activity or sets of activities in aid of human resources development which do not fall squarely under any of the previously described types of activities. [Sec. 1, Rule 1, Book 2, IRR of LC]. Special Protection of Children Against Abuse, Exploitation and Discrimination Act. RA 7610 entitled An Act providing for stronger deterrence and special protection against child abuse, exploitation and discrimination, and for other purposes enacted on June 17, 1992. Special purpose corporation (SPC). A juridical person created in accordance with the Corp. Code of the Phils. solely for the purpose of securitization and to which the Seller makes a true and absolute sale of assets. [Sec. 3, RA 9267]. Special purpose entity (SPE). Either a special purpose corporation (SPC) or a special purpose trust (SPT). [Sec. 3, RA 9267]. Special purpose trust (SPT). A trust administered by an entity duly licensed to perform trust functions under the General Banking Law, and created solely for the purpose of securities and to which the Seller makes a true and absolute sale of assets. [Sec. 3, RA 9267]. Special registration. Registration conducted in established satellite offices by a special registration team designated by the Comelec. It exclusively caters to 1st time person with disability and senior citizen registrants residing outside the area of jurisdiction of the regular Election Officer conducting the satellite registration. [Sec. 2, RA 10366]. Special purpose vehicle. A motor vehicle designed for specific application such as cement mixer, fire truck, boom truck, ambulance and/or medical unit, and offroad vehicles for heavy industries and not for the recreational activities. [RA 9224]. Special retainer. A fee for a particular case or specific service to be performed by a lawyer. Special statute. One which relates to particular persons or things of a class or to a particular portion or section of the state only. [Vinzons-Chato v. Fortune Tobacco Corp., GR 141309, June 19, 2007]. Compare with General statute. Special time allowance for loyalty. A deduction of 1/5 of the period of his sen-
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tence granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Art. 158 of the Rev. Penal Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said Art. A deduction of 2/5 of the period of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Art. 158 of the Code. [Art. 98, RPC, as amended by RA 10592]. Special time deposit. A deposit made with the express understanding that the same shall be kept for some definite period of time. This is diametrically opposed to the nature of loan. Specialist. A person who concentrates primarily on a particular subject or activity; a person highly skilled in a specific and restricted field. Specialization. Training to consolidate, deepen and broaden skills and knowledge for a particular task, function or aspect of a worker's occupation. [Sec. 1, Rule 1, Book 2, IRR of LC]. Specialized. Requiring or involving detailed and specific knowledge or training. Specialized agencies. International bodies which, while not part of the UN, have been brought into close contact with it because of their purposes and functions. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 24]. Specialty. A pursuit, area of study, or skill to which someone has devoted much time and effort and in which they are expert. Specialty contractor. A person whose operations pertain to the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts. [Sec. 9, RA 4566]. Specialty principle. Intl. Law. By this principle, a fugitive may be tried or punished only for a crime specified in the extradition treaty and in the request for extradition. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 116]. Specific aggravating circumstances. Those which apply to a particular felony like cruelty in crimes against persons. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 112]. Specific denial. The specification by a defendant of each material allegation of fact the truth of which he does not admit and, whenever practicable, the setting forth of the substance of the matters upon which he relies to support his denial. Where a defendant desires to deny only a part of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Where a defendant is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, he shall so state, and this shall have the effect of a denial. [Sec. 10, Rule 8, RoC]. Compare with General denial. Specific performance. 1. A remedy available to a person who has the right
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to demand from another the performance of an obligation. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. A remedy requiring a person who has breached a contract to perform specifically what he has agreed to do. Specific performance is ordered when damages would be inadequate compensation. 3. A court order directing a party to carry out the obligations it had contractually promised to do. Specific tax. 1. Tax of a fixed amount imposed by the head or number, or by some standard of weight or measurement; it requires no assessment [valuation] other than a listing or classification of the objects to be taxed. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 14]. 2. A type of excise tax which is imposed and based on weight or volume capacity or any other physical unit of measurement. [Comm. of Int. Rev. v. Mobile Phil. Inc., GR 104920. Apr. 28, 1994]. Compare with Ad valorem tax. Specific undertaking. Labor. A special type of venture or project whose duration is coterminous with the completion of the project. [Beta Electric Corp. v. NLRC, GR 86408. Feb. 15, 1990]. Specification. 1. Prop. The giving of a new form to material belonging to another, such as when grapes belonging to one person are converted to wine by another, or marble of one person is made into a statue by another. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 99]. 2. Prop. Mgt. Technical description of supplies or property being requisitioned or ordered, which should be clear and complete, incl. if necessary, the specific uses therefor and how acceptability thereof can be determined. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Specious. Having the ring of truth or plausibility but actually fallacious: a specious argument; deceptively attractive. Speculate. To enter into a business transaction or venture from which the profits or return are conjectural because the undertaking is outside of the ordinary course of business to purchase or sell with the expectation of profiting by anticipated, but conjectural, fluctuations in price; often in a somewhat depreciative sense, to engage in hazardous business transaction for the chance of an unusu. large profit; as to speculate in coffee, in sugar or in bank stock. [Ortega v. Orcine, GR L-28317. Mar. 31, 1971, 2nd Ed. p. 2417]. Speculation. Guess: a message expressing an opinion based on incomplete evidence. Speculative. 1. Involving a high risk of loss. 2. Engaged in, expressing, or based on conjecture rather than knowledge. Speculative securities. They include all securities to promote or include the sale of which profit, gain, or advantage unusual in the ordinary course of legitimate business is in any way advertised or promised. [Sec. 1 , Act 2581]. Speech. The expression of or the ability to express thoughts and feelings by articulate sounds. Speech, Freedom of. The liberty to know, to utter and to argue freely acc. to conscience, above all liberties. It thus includes, not only the right to express one's views, but also other cognate
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rights relevant to the free communication of ideas, not excluding the right to be informed on matters of public concern. [Osmea v. Garcia, GR 132231. Mar. 31, 1998]. Speedy disposition of cases. The right which is broader than speedy trial and applies to civil, criminal and administrative cases. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 228-229]. Compare with Speedy trial. Speedy trial. 1. A trial conducted acc. to the law of criminal procedure and the rules and regulations, free from vexatious, capricious and oppressive delays. [Flores v. People, 61 SCRA 331 (1974)]. 2. A trial conducted acc. to the law of criminal procedure and the rules and regulations, free from vexatious, capricious, and oppressive delays. [Kalaw v. Apostol, GR 45591. Oct. 15, 1937]. Compare with Speedy disposition of cases. Speedy Trial Act of 1998. RA 8493 entitled An Act to ensure a speedy trial of all criminal cases before the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, and Municipal Circuit Trial Court, appropriating funds therefor, and for other purposes enacted on Feb. 12, 1998. Speedy trial, Right to. The right of the accused to be free from vexatious, capricious, and oppressive delays, its salutary objective being to assure that an innocent person may be free from anxiety and expense of a court litigation or, if otherwise, of having his guilt determined within the shortest possible time compatible with the presentation and consideration of whatever legitimate defense he may interpose. [People v. Jardin, 124 SCRA 167, 173; Andres v. Cacdac, 113 SCRA 216]. Speleogem. Relief features on the walls, ceilings and floor of any cave or lava tube which are part of the surrounding bedrock, incl. but not limited to anastomoses, scallops, meander niches, petromorphs and rock pendants in solution caves and similar features unique to volcanic caves. [Sec. 3, RA 9072]. Speleothem. Any natural mineral formation or deposit occurring in a cave or lava tube, incl. but not limited to any stalactite, stalagmite, helictite, cave flower, flowstone, concretion, drapery, rimstone or formation of clay or mud. [Sec. 3, RA 9072]. Spendthrift. 1. One who squanders his substance for the pleasure of the fleeting moment. [Dir. of Lands v. Abanzado, GR L-21814. July 15, 1975]. 2. On e who spends money profusely and improvidently; a prodigal; one who lavishes or wastes his estate. Sperm. Legal Med. A living organism consisting of a head, neck and tail which carries the mans genes and is made in the testes and stored in the seminal vesicles. During sexual intercourse, the sperm is transported along with a fluid called semen through the vas deferens and the erect penis. [Olarte, Legal Med., 1st Ed. (2004), p. 125]. Spirits or Distilled spirits. The substance known as ethyl alcohol, ethanol or spirits of wine, incl. all dilutions, purifications and mixtures thereof, from whatever source, by whatever process produced, and shall include whisky, brandy, rum, gin and vodka, and other similar prod-
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ucts or mixtures. [Sec. 141, NIRC, as amended]. Split. To break or cause to break forcibly into parts. Split jurisdiction. 2 judicial bodies exercising jurisdiction over an essentially the same subject matter - a situation analogous to split jurisdiction which is obnoxious to the orderly administration of justice. [Benguet Corp. v. Leviste, GR 65021. Nov. 21, 1991]. Splitting. 1. Division or breaking up of requisition or order into separate requisitions or orders, of smaller quantities and amounts, to avoid review and/or induce approval thereof by higher authorities. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. Dividing or breaking up into separate parts or portions, or an act resulting in a fissure, rupture, breach. Within the sphere of govt. procurement, splitting is associated with requisitions, purchase orders, deliveries and payments. [Fonacier v. Sandiganbayan, GR L-50691. Dec. 5, 1994]. Splitting a single cause of action, Effect of. If 2 or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others. [Sec. 4, Rule 2, RoC]. Splitting of cause of action. The practice of dividing one cause of action into different parts and making each part subject of a separate complaint. [Albano, Rem. Law Reviewer, 1st Ed., p. 75]. Splitting of payments. It arises when 2 or more payments for one or more items involving one purchase order are made in order to avoid inspection of deliveries; avoid action, review or approval by higher authorities; (or) avoid public bidding. [Fonacier v. Sandiganbayan, GR L-50691. Dec. 5, 1994]. Spoliation. A change shown to have been made by one who was the agent of one of the parties, but without the express or implied authority, and outside the scope of his employment. [Herrera, Rem. Law, 1999 Ed., p. 307]. Compare with Alteration or amendment. Sponcion or Sub speratii. Intl. Law. An undertaking by a person in behalf of his state, not specifically empowered to center into it. It is an agreement by an officer not possessing proper authority, and may require ratification or express acceptance by the State to render it effective. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), pp. 494-495]. Sponsor or Promoter. Any person who, acting alone or in conjunction with one or more other persons, directly or indirectly, contributes cash or property in incorporating a Real Estate Investment Trust (REIT). [Sec. 3, RA 9856]. Sponsored Member. Health Ins. A member whose contribution is being paid by another individual, government agency, or private entity acc. to the rules as may be prescribed by the PhilHealth. [Sec. 3, RA 10606]. Sponsorship. Any public or private contribution to a 3rd party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product, which event, team or activity would still exist or occur without such contribution. [Sec. 4, RA 9211].
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Spontaneous. Performed or occurring without premeditation or external stimulus. Spontaneous exclamation. A statement or exclamation made immediately after some exciting occasion by a participant or spectator and asserting the circumstances of that occasion as it is observed by him. [People v. Sanchez, GR 74740. Aug. 28, 1992]. Spontaneous statements. Evid. Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof. [Sec. 42, Rule 130, RoC]. Compare with Verbal acts. Sports. An activity involving physical exertion and skill in which an individual or team competes against another or others. Sports car. A high-powered vehicle, usu. a 2-seater, esp. manufactured for speed. [Sec. 1, PD 843]. Sports shooting competition. A defensive, precision or practical sport shooting competition duly authorized by the FEO of the PNP. [Sec. 3, RA 10591]. Spouse. Ones wife or husband. Sprinkler system. An integrated network of hydraulically designed piping installed in a building, structure or area with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or combustion products from a fire. [Sec. 3, PD 1185; Sec. 3, RA 9514]. SPUG. See Small Power Utilities Group. Spurious. 1. A bastard; the offspring of promiscuous cohabitation. 2. Lacking authenticity or validity in essence or origin; not genuine; false. Spurious children. 1. Illegitimate children other than natural. 2. Children whose father, at the time of their conception, could not marry the mother, because he was already married to another woman, and who therefore fall within the category of illegitimate children other than natural in Art. 287 of the Civ. Code. Compare with Natural children. Spy. Intl. Law. An individual who, acting clandestinely, or on false pretenses, obtains or seeks to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 138]. Squatter. One who settles on the land of another without any legal authority. This term is applied particularly to person who settle on the public land. [Buenavente v. Melchor, GR L-33145. Mar. 30, 1979]. Squatters. Individuals who, without necessarily employing violence, either physical or moral, and taking advantage of the absence or tolerance of land owners, succeed in occupying their properties for residential purposes. [Rep. v. Vda. De Caliwan, GR L-16927. May 31, 1961]. Squatting. [It] consists of occupying an abandoned or unoccupied area of land and/or a building - usu. residential- that the squatter does not own, rent or otherwise have lawful permission to use.
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Squatting. Elements: (a) That there be occupation or a taking of possession of property for residential, commercial or any other purposes, and (b) that in occupying or taking possession of the property, the offender did so by force, intimidation or threat or by taking advantage of the absence or tolerance of its owner and against his will. [Jumawan v. Eviota, GR 85512-13. July 28, 1994]. Squatting syndicates. Groups of persons engaged in the business of squatter housing for profit or gain. [Sec. 3, RA 7279]. SRA. See Sugar Regulatory Administration. SRC. See Securities Regulation Code. SRP. See Suggested retail price. SSS. See Social Security System. Stab. To thrust a knife or other pointed weapon into someone so as to wound or kill. Stab wounds. The phrase is used generically to include all wounds that may be caused "by weapons such as knives, scissors, 3-cornered files, or ice picks with a circular shaft, all possessing a sharp point but having blades of different shapes. Stabbing may be done with an ice pick and the puncture is correctly called a stab wound. [People v. Espinosa, GR 72883. Dec. 20, 1989]. Stabilize. The provision of necessary care until such time that the patient may be discharged or transferred to another hospital or clinic with a reasonable probability that no physical deterioration would result from or occur during such discharge or transfer. [Sec. 2, RA 8344]. Stable. Firmly established. [Tatad v. Sec. of Energy, GR 124360. Nov. 5, 1997]. Stakeholder. 1. [It] shall refer, in addition to a holder of shares of a corporation, to a member of a non-stock corporation or association or a partner in a partnership. [Sec. 4, RA 10142]. 2. A person, group or organization that has interest of concern in an organization. Stale. Having lost effectiveness or force through lack of exercise or action. Stale check. A check where there has been unreasonable delay by the holder in presenting it for payment. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 383]. Stale demand. A claim which has been for a long time undemanded. See Laches. Stale demands doctrine. Also Laches, Doctrine of. 1. [A doctrine] based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and x x x is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. [Tijam v. Sibonghanoy, 23 SCRA 29 (1968)]. 2. The time-honored rule anchored on public policy that relief will be denied to a litigant whose claim or demand has become stale, or who has acquiesced for an unreasonable length of time, or who has not been vigilant or who has slept on his rights either by negligence, folly or inattention. [Arradaza v. CA, 170 SCRA 12, 20 (1989)]. Stalk. To pursue or approach stealthily.
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Stalker. A person who harasses or persecutes someone with unwanted and obsessive attention. Stalking. An intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof. [Sec. 3, RA 9262]. Stall. A shed where goods or merchandise are stored or exposed for sale whether on wholesale or retail. It cannot be different from a store or shop where goods are deposited and sold by one engaged in selling and buying goods. Standard. 1. A set of conditions to be fulfilled to ensure the quality and safety of a product. [Art. 4, RA 7394]. 2. A gauge which has been established by authority, custom or common acceptance as proper and adequate for a given purpose. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Standard of proof. Indicates the degree to which the point must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his case by such standards of proof as a preponderance of evidence or clear and convincing evidence. See Burden of proof. Standards. Voluntary guidelines that specify the same things that technical regulations mandatorily specify. Standby. Kept in reserve for use when needed. Standby letter of credit. A letter of credit obtained by a buyer naming the seller as a beneficiary. Standing. The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit. Standing committee. A term of parliamentary law which refers to those committees which have a continued existence; that are not related to the accomplishment of a specific, once-only task as are ad hoc or special committees. Standing committees generally exist as long as the organization to which it reports exists. Standing jus tertii. [Legal standing that] will be recognized only if it can be shown that the party suing has some substantial relation to the 3rd party, or that the 3rd party cannot assert his constitutional right, or that the right of the 3rd party will be diluted unless the party in court is allowed to espouse the 3rd party's constitutional claim. [Telecommunications and Broadcast Attorneys of the Phils., Inc. v. Comelec, GR 132922, Apr. 21, 1998]. Standpipe system. A system of vertical pipes in a building to which fire hoses can be attached on each floor, incl. a system by which water is made available to the outlets as needed. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Stare decisis. Lat. To stand by decisions. 1. The common law principle which obliges an inferior court to follow the clear findings in law of a superior court of the same jurisdiction. Sup. Courts and inferior courts may also hold themselves bound by their own decisions. Nota bene: Stare decisis is an abbrev. of the full Latin maxim, Stare decisis et non quieta movere, meaning stand by decisions and do not disturb the calm." 2. A basic principle of the law whereby
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once a decision [a precedent] on a certain set of facts has been made, the courts will apply that decision in cases which subsequently come before it embodying the same set of facts. A precedent which is binding; must be followed. Stare decisis doctrine. Also called the Adherence to judicial precedents doctrine. [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]. Stare decisis et no movere. Lat. Follow past precedent and do not disturb what has been settled. [Torillo v. Leogardo, Jr., GR 77205. May 27, 1991]. Stare decisis et non quieta movere. Lat. Stand by decisions and do not disturb the calm; From settled precedents, there must be no departure. 1. This legal maxim has evolved out of an ancient practice of subscribing to well-settled precedents and if the law is able to attain some degree of permanence or stability, it is also because of the judicial adherence to precedents. 2. To stand by decisions and not disturb settled matters. [Dioquino v. Cruz, GR L-38579. Sep. 9, 1982]. Stare decisis et non quieta movere doctrine. Lat. To adhere to precedents and not to unsettle things which are established. The doctrine embodied in Art. 8 of the Civ. Code of the Phils. which provides, thus: Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. [Lazatin v. Desierto, GR 147097, June 5, 2009]. State. Intl. Law. 1. Those groups of people which have acquired international recognition as an independent country and which have 4 characteristics; permanent and large population with, generally, a common language; a defined and distinct territory; a sovereign govt. with effective control; and a capacity to enter into relations with other states (i.e., recognized by other states). 2. A political entity comprising a territory, a population, a govt. capable of entering into international relations, and a govt. capable of controlling its territory and peoples. State. Elements: (a) People; (b) territory; (c) government; and (d) sovereignty. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 23]. State continuity principle. Intl. Law. It means that the legal existence of a state continues notwithstanding changes in the size of its population or territory or in the form of leadership of its government. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 38]. State immunity. The protection which a state is given from being sued in the courts of other states. See Sovereign immunity. State immunity doctrine. The doctrine under which a State cannot be sued in the courts of another State, without its consent or waiver. [Jusmag Phils. v. NLRC, GR 108813 Dec. 15, 1994]. State of calamity. A condition involving mass casualty and/or major damages to property, disruption of means of liveli-
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hoods, roads and normal way of life of people in the affected areas as a result of the occurrence of natural or humaninduced hazard. [Sec. 3, RA 10121]. State of necessity acts. The acts of a person amounting to interference with a thing the ownership of which belongs to another who has no right to prohibit the same if such is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited indemnity for the damage to him. [Art. 432, CC]. State of the Nation Address (SONA). 1. The address delivered by the Pres. before the joint session of Congress at the opening of its regular session. 2. The Constitutional mandate of the Pres. to address the Congress at the opening of its regular session. [From Art. VII, Sec. 23, 1987 Consti.]. State of the ships registry. In relation to registered ships, the State of registration of the ship and in relation to unregistered ships, the State whose flag the ship is flying. [Sec. 3, RA 9483]. State practice. Intl. Law. 1. The continuous repetition of the same or similar kind of acts or norms by States. [Bayan Muna v. Romulo, GR 159618. Feb. 1, 2011]. 2. The conduct and practices of states in their dealings with each other. State responsibility. Intl. Law. Liability of a state for the injuries that it causes to foreign persons. State responsibility doctrine. Intl. Law. The doctrine that holds a state responsible for any injury sustained by an alien within its jurisdiction because of an international wrong imputable to it. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 109]. State succession principle. Intl. Law. The substitution of one state by another, the latter taking over the rights and some of the obligations of the former. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 39]. State witness. Any person who has participated in the commission of a crime and desires to be a witness for the State, can apply and, if qualified as determined in RA 6981 and by the DOJ, shall be admitted into the Witness Protection Program whenever the following circumstances are present: (a) the offense in which his testimony will be used is a grave felony as defined under the Rev. Penal Code or its equivalent under special laws; (b) there is absolute necessity for his testimony; (c) there is no other direct evidence available for the proper prosecution of the offense committed; (d) his testimony can be substantially corroborated on its material points; (e) he does not appear to be most guilty; and (f) he has not at any time been convicted of any crime involving moral turpitude. [Sec. 10, RA 6981]. State witness. Requisites: (a) There is absolute necessity for the testimony of the accused whose discharge is requested; (b) there is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused; (c) the testimony of said accused can be substantially corroborated in its material points; (d) said accused does not appear to be the most guilty; (e) said accused has not at any time been convicted of any offense involving moral turpi-
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tude. Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence. [People v. Quiming, GR 92847. May 21, 1993]. Stated installments. Nego. Inst. Installments whereby the sum as well the date when each and every installment is due are stated on them face of the instrument. Stateless. Not recognized as a citizen of any country. Stateless person. A person who is not considered as a national by any State under the operation of its law. [Frivaldo v. Comelec, GR 120295. June 28, 1996]. Statelessness. The condition or status of an individual who is born without any nationality or who loses his nationality without retaining or acquiring another. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 107]. Statement. In a general sense, an allegation; a declaration of matters of fact. Statement in articulo mortis. A statement made "at the point of death" which carries special weight since it is believed that a person about to die has nothing to gain, perhaps much to lose, by lying. See Dying declaration. Statement of Assets, Liabilities and Networth (SALN). A true, detailed and sworn statement of assets and liabilities, incl. a statement of the amounts and sources of [a public officers] income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year [which] every public officer, after assuming office, and within the month of Jan. of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Dept. Head, or in the case of a Head of Department or chief of an independent office, with the Office of the Pres., or in the case of members of the Congress and the officials and employees thereof, with the Office of the Sec. of the corresponding House; Provided, That public officers assuming office less than 2 months before the end of the calendar year, may file their statements in the following months of Jan. [from Sec. 7, Anti-Graft And Corrupt Practices Act]. Statement of facts. Rem. Law. 1. That part of the appellant's brief which shall contain a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy, together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible, with page references to the record. [Sec. 13, Rule 44, RoC]. 2. An essential part of a good decision which consists of different ways of relating the facts of the case. 1st, under the objective or reportorial method, the judge summarizes -- without comment -the testimony of each witness and the contents of each exhibit. 2nd, under the synthesis method, the factual theory of the plaintiff or prosecution and then that of the defendant or defense is summarized acc. to the judges best light. 3rd, in the subjective method, the version of the facts accepted by the judge is simply narrated without explaining what the
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parties versions are. Finally, through a combination of objective and subjective means, the testimony of each witness is reported and the judge then formulates his or her own version of the facts. [Velarde v. Social Justice Society, GR 159357, Apr. 28, 2004]. Statement of the case. Rem. Law. 1. That part of the appellant's brief which shall contain a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the court, the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy, with page references to the record. [Sec. 13, Rule 44, RoC]. 2. An essential part of a good decision which consists of a legal definition of the nature of the action. At the 1st instance, this part states whether the action is a civil case for collection, ejectment, quieting of title, foreclosure of mortgage, and so on; or, if it is a criminal case, this part describes the specific charge - quoted usu. from the accusatory portion of the information - and the plea of the accused. Also mentioned here are whether the case is being decided on appeal or on a petition for certiorari, the court of origin, the case number in the trial court, and the dispositive portion of the assailed decision. [Velarde v. Social Justice Society, GR 159357, Apr. 28, 2004]. Statement of Votes (SOV). 1. A machinegenerated document containing the votes obtained by candidates in each precinct in a city or municipality. [Sec. 2, RA 8436]. 2. A document containing detailed entries of the votes obtained by each candidate in each of the precincts in a municipality or in each of the municipalities in a province. [Sec. 2, RA 8046]. Statement of Votes by Precinct, Municipality, City, District, Province, or Overseas Absentee Voting (OAV) Station. A document in electronic and in printed form generated by the canvassing or consolidating machines or computers during the canvass proceedings of the votes obtained by the candidates for the Offices of the Pres. and Vice Pres. in each precinct, municipality, city, district, province, or OAV Station. [The 2010 Rules of the PET, Rule 2, AM 104-29-SC, May 4, 2010]. Stateroom. A commodious room on shipboard, usu. for a captain or superior ships officer. Station-specific appointment. Civ. Serv. [An appointment where] the particular office or station where the position is located is specifically indicated on the face of the appointment paper. [It] does not refer to a specified plantilla item number since it is used for purposes of identifying the particular position to be filled or occupied by the employee. [Sec. 6, Rev.Rules on Reassignment, CSC Res. 04-1458, dated 23 Dec. 2004]. Statistical improbability doctrine. Also known as Lagumbay doctrine. [Lagumbay v. Comelec, 16 SCRA 175 (1966)]. Elec. Law. The doctrine [that] is applied only where the unique uniformity of tally of all the votes cast in favor of all the candidates belonging to one party and the systematic blanking of all the candidates of all the opposing parties appear in the election return. [Sinsuat v. Pendatun, GR L-31501, June 30, 1970, 33 SCRA 630]. Status. 1. A legal personal relationship, not temporary in nature nor terminable at the mere will of the parties, with which
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3rd persons and the state are concerned. [Kawasaki Port Service Corp. v. Amores, GR 58340. July 16, 1991]. 2. The circumstances affecting the legal situation (that is, the sum total of capacities and incapacities) of a person in view of his age, nationality and his family membership. [It comprehensively] include[s] such matters as the beginning and end of legal personality, capacity to have rights in general, family relations, and its various aspects, such as birth, legitimation, adoption, emancipation, marriage, divorce, and sometimes even succession. [Beduya v. Rep., 120 Phil. 114 (1964)]. Status of a person in law. [It] includes all his personal qualities and relations, more or less permanent in nature, not ordinarily terminable at his own will, such as his being legitimate or illegitimate, or his being married or not. [Silverio v. Rep., GR 174689; Oct. 22, 2007]. Status offenses. Offenses that discriminate only against a child, such as curfew violations, truancy, parental disobedience and the like. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Status quo. Lat. The last actual peaceable uncontested status which preceded the pending case. [Phil. Virginia Tobacco v. de los Angeles, GR L-27829, Aug. 19, 1988]. Status quo ante. Lat. 1. The last actual, peaceful, and uncontested status that precedes the actual controversy, that which is existing at the time of the filing of the case. [Cortez-Estrada v. Heirs of Samut, 451 SCRA 275]. 2. What is intended to be maintained by the provisional remedies of a temporary restraining order, a writ of prohibitory or mandatory injunction, etc. 3. It is also referred to merely as status quo. [PPA v. Cipres Stevedoring & Arrastre, Inc., 463 SCRA 358]. Status quo ante litem motam. Lat. The last actual, peaceable, non-contested status. [Lim v. Pacquing, GR 115044. Jan. 27, 1995, Annotation, 15 ALR 2d 237]. Statute. 1. Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature. 2. Intl. Law. Sometimes termed as Constitution. A certain type of multilateral instrument in the nature of an organic act, dealing with the establishment of an international organ. [Coquia and Santiago, Intl. Law, 3rd Ed. (1998), p. 493]. Statute of frauds. [It] only lays down the method by which the enumerated contracts may be proved. But it does not declare them invalid because they are not reduced to writing inasmuch as, by law, contracts are obligatory in whatever form they may have been entered into, provided all the essential requisites for their validity are present. [Mun. of Hagonoy v. Hon. Dumdum, GR 168289. Mar. 22, 2010]. Statute of frauds. Applicability. It is applicable only to executory contracts. [Facturan v. Sabanal, 81 Phil. 512], not to contracts that are totally or partially performed [Almiro v. Monserrat, 48 Phil. 67, 70]. Statute of frauds. Effect of noncompliance. The effect of noncompliance with this requirement is simply that no action
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can be enforced under the given contracts. [Gallemit v. Tabilaran, 20 Phil. 241 (1911)]. Statute of frauds. Enforceability. Contracts entered into in violation of thereof are simply unenforceable and the requirement that they - or some note or memorandum thereof - be in writing refers only to the manner they are to be proved. [see Art. 1403, par. 2, CC]. Statute of frauds. Object or purpose. To prevent fraud and perjury in the enforcement of obligations depending for their evidence on the unassisted memory of witnesses by requiring certain enumerated contracts and transactions to be evidenced by a writing signed by the party to be charged. It was not designed to further or perpetuate fraud. It makes only ineffective actions for specific performance of the contracts covered by it; it does not declare them absolutely void and of no effect. [Asia Prod. Co., v. Pao, GR 51058. Jan. 27, 1992]. Statute of limitations. 1. A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue. The law that bars the institution of an action against another after the lapse of the period prescribed therefore. 2. Acts of grace, a surrendering by the sovereign of its right to prosecute. They receive a strict construction in favor of the Govt. and limitations in such cases will not be presumed in the absence of clear legislation. [Lim v. CA, GR 48134-37. Oct. 18, 1990, 4th Ed., p. 1077]. 3. Statute which provides that the rights to require of others the fulfillment of their obligations prescribe after a certain period of time, in order that it may serve alike as a punishment for those who do not know how to look after their own interests, and as a source of reassurance to those who may have rested in the belief that their creditors had waived their rights, and also to insure economic stability and the certainty of rights. [Lutero v. Siuliong and Co., 54 Phil. 272, 280]. Statute of non-claims. Spec. Pro. 1. The time for the filing of claims against the estate, which shall not be more than 12 nor less than 6 months after the date of the 1st publication of the notice. All claims for money against the decedent, arising from contract, express or implied, whether the same be due, not due, or contingent, all claims for funeral expenses and expenses for the last sickness of the decedent, and judgment for money against the decedent, must be filed within the time limited in the notice; otherwise they are barred forever, except that they may be set forth as counterclaims in any action that the executor or administrator may bring against the claimants. [Sec. 2 and 5, Rule 86, RoC]. 2. A definite period fixed by law within which claims against the estates of deceased persons must be presented to insure the speedy settling of the affairs of a deceased person and the early delivery of the property of the estate into the hands of the persons entitled to receive it. [Estate of De Dios, 24 Phil. 573]. 3. Its purpose it to settle the affairs of the estate with dispatch, so that the residue may be delivered to the persons entitled thereto without their being afterwards called upon to respond in actions for claims, which, under the ordinary statute of limitations, have not yet prescribed. [Santos v. Manarang, GR 8235. Mar. 19, 1914].
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Statutory. Relating to a statute; created or defined by a law. Statutory 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 (Phils.) Inc. v. Palomar, GR L-19650. Sep. 29, 1966]. 2. Process by which a court seeks to interpret the meaning and scope of legislation. Statutory law. Laws promulgated by Congress. Compare with Case law and Common law. Statutory minimum wage. The lowest wage rate fixed by law that an employer can pay his workers. [IRR, RA 6727; Sec. 1, Rule 7, Book 3, IRR of LC]. Statutory rape. Crim. Law. 1. The felony committed when a man has carnal knowledge of a woman who is under 12 years of age. [Art. 335 (3), RPC]. 2. Sexual intercourse with a girl under the age of consent as defined by statute. 3. In this jurisdiction, 12 is the statutory age of consent. [Art. 335, RPC]. Statutory rape. Crim. Law. Elements: (1) That the accused had carnal knowledge of a woman; and (2) that the woman was below 12 years of age. [People v. Somodio, 427 Phil. 363, 376 (2002)]. Statutory taxpayer. The person who must pay the tax to the government; the one on whom the tax is formally assessed. He is the subject of the tax. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 53]. Stay. 1. A court order halting a judicial proceeding. 2. A procedure whereby a court does not dismiss an action or dismisses it conditionally on grounds of forum non conveniens but retains jurisdiction and calls on the plaintiff to take suit in the more convenient forum. The conditions are usu. that the defendant agrees to appear in the foreign court within a certain delay, accept jurisdiction there and agree to any final judgment. Stay of execution. A temporary period during which the execution of judgment of the court is postponed. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. STD. See Sexually transmitted diseases. Stealth. Any secret, sly, or clandestine act to avoid discovery and to gain entrance into or remain within residence of another without permission. [Sumulong v. CA, GR 108817. May 10, 1994]. Stemmed leaf tobacco. Leaf tobacco which has had the stem or midrib removed. The term does not include broken leaf tobacco. [Sec. 140, NIRC, as amended]. Stepson. A son brought by a spouse to the new marriage or a son by a former marriage of his parent, now in the subsequent union. [Madueo v. Cabanatuan Lumber Co., GR 47978. Oct. 31, 1941]. Stewardship. An ethic that embodies the responsible planning and management of resources. Stewardship concept. A concept under which private property is supposed to be held by the individual only as a trustee for the people in general, who are its re-
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al owners. As a mere steward, the individual must exercise his rights to the property not for his own exclusive and selfish benefit but for the good of the entire community or nation. [Mataas na Lupa Tenants Assoc. v. Dimayuga, GR L-32049 June 25, 1984]. STD. Sexually transmitted disease. STI. See Sexually Transmitted Infection. Stimson doctrine. Intl. Law. 1. The doctrine that forbids recognition of any govt. set up through external aggression. [Sandoval, Pol. Law Reviewer 2003]. 2. A doctrine formulated by US Sec. of State Stimson in 1932. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 44]. Stipulation. 1. An agreement bet. the parties to a contract or lawyers. [Torres, Oblig. & Cont., 2000 Ed., p. 354]. 2. An agreement bet. the parties involved in a suit regulating matters incidental to trial. Stipulation of facts. An agreement, admission, or concession made in a judicial proceeding by the parties or their attorneys, regarding some matters incidental thereto for the purpose of avoiding delay, trouble and expense. Stipulation pour atrui. Stipulation in favor of a 3rd person. 1. A stipulation in favor of a 3rd person who may demand its fulfillment, provided he communicated his acceptance to the obligor before its revocation. An incidental benefit or interest, which another person gains, is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a 3rd person. [Art. 1311, CC]. 2. Stipulation in a contract in favor of a 3rd person conferring upon him a clear and deliberate favor upon him, and which stipulation is merely a part of a contract entered into by the parties, neither of whom acted as agent of the 3rd person, and such 3rd person may demand its fulfillment provided that he communicates his acceptance to the obligor before it is revoked. Stipulation pour atrui. Requisites: (a) The stipulation in favor of a 3rd person must be a part of the contract, and not the contract itself; (b) the favorable stipulation should not be conditioned or compensated by any kind of obligation; and (c) neither of the contracting parties bears the legal representation or authorization of the 3rd party. [Florentino v. Encarnacion, 79 SCRA 192, 201, Sep. 30, 1977]. Stirpes. Lat. The offspring of a person; his or her descendants. For example, inheriting per stirpes means having a right to a deceased's estate because one happens to be a descendant of the deceased. Stock. Also Share of stock. 1. The term includes the share in an association, joint-stock company, or insurance company. [Sec. 22, NIRC, as amended]. 2. One of the units into which the capital stock is divided. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 56]. Stock and transfer book. The book in which must be kept a record of all stocks in the names of the stockholders alphabetically arranged; the installments paid and unpaid on all stock for which subscription has been made, and the date of payment of any installment; a statement of every alienation, sale or transfer of stock made, the date thereof, and by and to whom made; and such
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other entries as the by-laws may prescribe. [Sec. 74, Corp. Code]. Stock corporations. Corporations which have capital stock divided into shares and are authorized to distribute to the holders of such shares dividends or allotments of the surplus profits on the basis of the shares held. [Sec. 3, Corp. Code]. Stock dividend. 1. A conversion of surplus or undivided profits into capital stock, which is distributed to stockholders in lieu of a cash dividend. [Comm. of Int. Rev. v. Manning, GR L-28398. Aug. 6, 1975]. 2. Any dividend payable in shares of stock of the corporation declaring or authorizing such dividend. It is, what the term itself implies, a distribution of the shares of stock of the corporation among the stockholders as dividends. A stock dividend of a corporation is a dividend paid in shares of stock instead of cash and is properly payable only out of surplus profits. So, a stock dividend is actually 2 things: (a) A dividend, and (b) the enforced use of the dividend money to purchase additional shares of stock at par. [Nielson & Co. v. Lepanto, GR L-21601. Dec. 28, 1968]. Compare with Cash dividend. Stock exchange. A market in which securities are bought and sold. See Exchange. Stockbroker. All persons whose business it is, for themselves as such brokers or for other brokers, to negotiate purchases or sales of stock, bonds, exchange, bullion, coined money; bank notes, promissory notes or other securities. [Sec. 1, PD 426]. Stockholder. The owners of shares of stock in a stock corporation. They are also called shareholders. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 46]. Stockholders pre-emptive right. Corp. Law. The right of the stockholder to subscribe to all issues or disposition of share of any class in proportion to his shareholding. [Diaz, Bus. Law Rev., 1991 Ed., p. 269]. Stockholders rights. Corp. Law. The important rights of stockholders are the following: (a) the right to vote; (b) the right to receive dividends; (c) the right to receive distributions upon liquidation of the corporation; and (d) the right to inspect the books of the corporation. [Cojuangco, Jr. v. Roxas, GR 91925. Apr. 16, 1991]. Stocks. Shares in the ownership of a company that entitle their owners to rights in the firm, incl. a proportionate part of the dividends and, upon liquidation, of the capital assets. Stomach ulcer. Such an erosion in the stomach, the inside of the stomach. When the erosion is a little further down, in the duodenum [the 1st part of the intestine], it is a duodenal ulcer. [Landicho v. WCC, GR L-45996. Mar. 26, 1979]. Same as Gastric ulcer. Stop and search. One form of search on vehicles without warrant at military or police checkpoints which has been declared to be not illegal per se, for as long as it is warranted by the exigencies of public order and conducted in a way least intrusive to motorists. A checkpoint may either be a mere routine inspection or it may involve an intensive search.
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[Caballes v. CA, GR 136292, Jan. 15, 2002]. Stop and search. Instances when permissible: a. where the officer merely draws aside the curtain of a vacant vehicle which is parked on the public fair grounds; b. simply looks into a vehicle; c. flashes a light therein without opening the cars doors; d. where the occupants are not subjected to a physical or body search; e. where the inspection of the vehicles is limited to a visual search or visual inspection; and f. where the routine check is conducted at a fixed area. [Caballes v. CA, GR 136292, Jan. 15, 2002]. Stop-and-frisk. The vernacular designation of the right of a police officer to stop a citizen on the street, interrogate him, and pat him for weapon(s). [Manalili v. CA, GR 113447. Oct. 9, 1997]. Stoppage in transitu. That act of a vendor of goods, upon a credit, who, on learning that the buyer has failed, resumes the possession of the goods, while they are in the hands of a carrier or middle-man, in their transit to the buyer, and before they get, into his actual possession. Stoppage in transitu, Right of. The right of the unpaid seller who has parted with the possession of the goods to stop them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession. [Art. 1530, CC]. Storage. The action or method of storing something for future use. Storage charge. The amount assessed on articles for storage in customs premises, cargo shed and warehouses of the government. The owner, consignee or agent of either, of the articles, is liable for this charge. [Rep. v. Consolidated Terminals, Inc., GR L-27810. Dec. 14, 1981]. Store. A business establishment where usu. diversified goods are kept for retail sale. Stored. A deposit in a store or warehouse for preservation or safe keeping; to put away for future use, esp. for future consumption; to place in a warehouse or other place of deposit for safe keeping. [K. S. Young v. Midland Textile Ins. Co., GR 9370. Mar. 31, 1915]. Stow. To pack or store an object carefully and neatly in a particular place. Straight baseline. Straight lines connecting the seaward most low-water points of deeply indented coastlines and the seaward most low-water points of a fringe of islands along a coastline. Compare with Normal baseline. Straight baseline method. Intl. Law. A method in defining the territorial sea under which straight lines are made to connect appropriate points on the coast without departing radically from its general direction. The waters inside these lines are considered internal. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 63]. Compare with Normal baseline method. Straight-line method of depreciation. The recording of depreciation of depreciable property in equal amounts monthly over its estimated service life. [Sec. 5, RA 3187].
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Strained relations doctrine. Labor. The doctrine the application of which would necessitate that it should be proved that the employee concerned occupies a position where he enjoys the trust and confidence of his employer and that if reinstated, an atmosphere of antipathy and antagonism may be generated as to adversely affect the efficiency and productivity of the employee concerned. [Cabigting v. San Miguel Foods Inc. GR 167706, Nov. 3, 2009]. Strait. Intl. Law. A comparatively narrow passageway connecting 2 large bodies of water. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 67]. Stranger. A 3rd-party who is any person other than the judgment debtor or his agent. [Bayer Phil. Inc. v. Agana, 63 SCRA 355 (1975)]. Stranger to the action. A person not a party to the action, or as the law puts it, any other person than the defendant or his agent, whose property is seized pursuant to the writ of delivery. [La Tondea Distillers v. CA, GR 88938. June 8, 1992]. Strategem. A maneuver designed to deceive or outwit the enemy. A deception or device for obtaining advantage. Strategic. Important or essential in relation to a plan of action. Strategic Agriculture and Fisheries Development Zones (SAFDZ). The areas within the NPAAAD identified for production, agro-processing and marketing activities to help develop and modernize with the support of government, the agriculture and fisheries sectors in an environmentally and socio-culturally sound manner. [Sec. 4, RA 8435]. Strategic lawsuit against public participation (SLAPP). Rem. Law. An action whether civil, criminal or administrative, brought against any person, institution or any govt. agency or LGU or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any legal recourse that such person, institution or govt. agency has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights. [Rules of Procedure for Environmental Cases, AM 09-6-8-SC, Apr. 29, 2010]. Strategy. Machination or artifice. [Sumulong v. CA, GR 108817. May 10, 1994]. Strategy Map. An integrated set of strategic choices or objectives drawn by the governing body, the successful execution of which results in the achievement of the GOCCs vision in relation to its mission or purpose for having been created. [Sec. 3, RA 10149]. Stray decision. [A decision that] has not been reiterated in subsequent decisions [of the Sup. Court]. [People v. Orita, GR 88724, Apr. 3, 1990, abandoning the earlier pronouncement in the case of People v. Eria, 50 Phil. 998 (1927), re: crime of frustrated rape]. Stray dog. Any dog leaving its owners place or premise and no longer under the effective control of the owner. [Sec. 3, RA 9482]. Stream. Synonymous to a creek or a running course of water.
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Street. Road, valley, avenue, high-way or other public way. [Sec. 3, PD 198]. Street certificate. Corp. Law. The certificate covering shares which is indorsed in blank and therefore transferable by a mere delivery until it reaches the hands of a transferee who, deciding to effect registration in the books of the corporation can just place his name as transferee in the proper space provided for in the certificate. [Diaz, Bus. Law Rev., 1991 Ed., p. 251]. Strict. Demanding total obedience or observance; rigidly enforced. Strict construction. Interpreting the law based on a literal and narrow definition of the language without reference to the differences in conditions when the law was written and modern conditions, inventions and societal changes. Strict liability. 1. Imposing liability on an actor regardless of fault. 2. Concept applied by the courts in product liability cases that when a manufacturer presents his goods for public sale, he is representing that they are suitable for their intended use. Strict nature reserve. An area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples of the natural environment available for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state. [Sec. 4, RA 7586]. Strict scrutiny or Compelling interest test. Government regulation that intentionally discriminates against a suspect class such as racial or ethnic minorities, is subject to strict scrutiny and considered to violate the equal protection clause unless found necessary to promote a compelling state interest. A classification is necessary when it is narrowly drawn so that no alternative, less burdensome means is available to accomplish the state interest. Thus, it was held that denial of free public education to the children of illegal aliens imposes an enormous and lasting burden based on a status over which the children have no control is violative of equal protection because there is no showing that such denial furthers a substantial state goal. [Plyler v. Doe, 457 US 202]. Strict test or Grandfather rule. Comm. Law. The test which requires that the citizenship of the individuals or natural persons who ultimately own or control the shares of stock of the corporation must be looked into for purposes of determining compliance with the Filipino ownership requirement. Compare with Control test. Strictissimi juris. Lat. By the most strict right or law. The rule that exemptions from taxation are construed in strictissimi juris against the taxpayer and liberally in favor of the taxing authority primarily because taxes are the lifeblood of govt. and their prompt and certain availability is an imperious need. Thus, to be exempted from payment of taxes, it is the taxpayer's duty to justify the exemption by words too plain to be mistaken and too categorical to be misinterpreted." Private respondent has utterly failed to discharge this duty. [Prov. Of
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Tarlac v. Alcantara, GR 65230. Dec. 23, 1992]. Strike. Labor. 1. Any stoppage of work by the concerted action of employees in connection with a labor dispute arising from unresolved economic issues in collective bargaining in non-vital industries, called in accordance with these rules and regulations. [Sec. 2, PD 823]. 2. Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. [Art. 212, LC]. 3. To withhold or to stop work by the concerted action of employees as a result of an industrial or labor dispute. [Art. 212 (o), LC]. Strike area. Labor. The establishment, warehouses, depots, plants or offices, incl. the sites or premises used as runaway shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said establishment. [Art. 212, LC, as amended by RA 6715]. Strike breaker. Labor. Any person who obstructs, impedes, or interferes with by force violence, coercion, threats or intimidation any peaceful picketing by employees during any labor controversy affecting wages, hours or conditions of work or in the exercise of the right of self organization or collective bargaining. [Art. 212, LC, as amended by BP 227]. Stripping. The unloading operations of cargoes outside the containers. [Sec. 1, PPA AO 08-79]. Strong arm of equity. The writ [of preliminary injunction, whether prohibitory or mandatory] sought for the protection of the rights of a party before the final determination of his rights vis--vis others' in a pending case before the court. [Roxas v. IAC, GR 67195. May 29, 1989]. See Preliminary injunction, Writ of. Strong sensitizer. Any substance which will cause on normal living tissue, allergy or photodynamic quality of hypersensitivity which becomes evident on reapplication of the same substance, to be designated as such by the implementing agency. Before designating any substance as a strong sensitizer, the implementing agency, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant capacity to cause hypersensitivity. [Art. 4, RA 7394]. Strong wind. A wind of 22-33 knots in any direction, as per Weather Bureau Circular. Structural conceptualization. The act of conceiving, choosing and developing the type, disposition, arrangement and proportioning of the structural elements of an architectural work giving due consideration to safety, cost-effectiveness, functionality and aesthetics. [Sec. 3, RA 9266]. Structure. Synonymous with the word building. Student publication. The issue of any printed material that is independently published by, and which meets the needs and interests of, the studentry. [Sec. 3, RA 7079]. Study Now Pay Later Plan. See Educational Assistance Act of 1976.
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Stuffing. The loading operations of cargoes inside the containers. [Sec. 1, PPA AO 08-79]. Sua sponte. Lat. Of one's own accord. The right of a court to consider a legal issue of its own motion, even if none of the parties have raised or addressed the issue in their written or oral pleadings. Sub. Lat. Under. Sub judice. Lat. Under judgment. 1. Before a court or judge for consideration. [Romero II v. Sen. Estrada, GR 174105, Apr. 2, 2009]. 2. A matter that is still under consideration by a court. Sub judice rule. [The rule that] restricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice. [Romero II v. Sen. Estrada, GR 174105, Apr. 2, 2009]. Sub rosa. Lat. Under the rose. The phrase is used in English to denote secrecy or confidentiality, similar to the Chatham House Rule. The rose as a symbol of secrecy has an ancient history. 2. Hidden; secret; confidential; private; under wraps. See Appropriation sub rosa. Sub silencio. Lat. Under silence. Something that is implied but not expressly stated. Also spelled Sub silentio. Sub silentio. Lat. Without notice being taken. If a case is decided against precedent, the newer case is said to have over-ruled the previous decision sub silentio. Subcontracting. Labor. Employing a business or person outside one's company to do work as part of a larger project. See Job contracting. Subdivision. A tract of land which has been divided into smaller pieces called lots, usu. for the purpose of constructing residences which will be sold individually. Subdivision and Condominium Buyers' Protective Decree. PD 957 entitled Regulating the sale of subdivision lots and condominiums, providing penalties for violations thereof signed into law on July 12, 1976. Subdivision lot. Any of the lots, whether residential, commercial, industrial, or recreational, in a subdivision project. [Sec. 2, PD 957]. Subdivision or Village. A tract or parcel of land partitioned into individual lots, with or without improvements thereon, primarily for residential purposes. [Sec. 3, RA 9904]. Subdivision project. A tract or a parcel of land registered under Act 496 which is partitioned primarily for residential purposes into individual lots with or without improvements thereon, and offered to the public for sale, in cash or in installment terms. It shall include all residential, commercial, industrial and recreational areas as well as open spaces and other community and public areas in the project. [Sec. 2, PD 957]. Subic Bay Freeport (SBF). A separate customs territory consisting of the City of Olongapo and the municipality of Subic, Province of Zambales, the lands occupied by the Subic Naval Base and its contiguous extensions as embraced, covered and defined by the 1947 Phil.-
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US Military Base Agreement as amended and within the territorial jurisdiction of Morong and Hermosa, Province of Bataan, the metes and bounds of which shall be delineated in a proclamation to be issued by the Pres. of the Phils. [Sec. 3, RA 7227]. Subic Bay Metropolitan Authority (SBMA). A body corporate created by law as an operating and implementing arm of the Bases Conversion Development Authority. [Sec. 13 of RA 7227]. Subject index in an appellants/appellees brief. Purpose. [It] obviates the court to thumb through a possibly lengthy brief page after page to locate whatever else needs to be found and considered, such as arguments and citations. [De Liano v. CA, 421 Phil. 1033, 1042 (2001)]. Subject matter of an action. 1. The matter or thing from which the dispute has arisen, and ordinarily, it is the property or the contract or any other thing subject of the controversy. [Filipinas Investment and Finance Corp. v. IAC, GR 6605960. Dec. 4, 1989]. 2. The physical facts, the things real or personal, the money, lands, chattels, and the like, in relation to which the suit is prosecuted, and not the delict or wrong committed by the defendant. [Mathay v. Consolidated Bank, GR L-23136. Aug. 26, 1974]. Subject of insurance. All proper-ties or risks insured by the same insurer that customarily are considered by non-life company underwriters to be subject to loss or damage from the same occurrence of any hazard insured against. [Sec. 215, IC]. Subject to tax. Also Liable for tax. The term connotes legal obligation or duty to pay a tax. [Comm. of Int. Rev. v. Procter & Gamble Phil. Mfg. Corp., GR 66838. Dec. 2, 1991]. Subjective. Based on or influenced by personal feelings, tastes, or opinions. Subjective intent. The actual intent and understanding of a party at the time of the making of an agreement. Subjective novation. Also Personal novation. Novation by the change of either the person of the debtor or of the creditor. [Cochingyan, Jr. v. R & B Surety and Insurance Co., GR L-47369. June 30, 1987]. Compare with Objective novation. Subjective phase of felony. That portion of the execution of the crime starting from the point where the offender begins up to that point where he still has control of his acts. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 34]. See Objective phase of felony. Subjugation. Intl. Law. A derivative mode of acquisition by which the territory of one state is conquered in the course of war and is thereafter annexed to and placed under the sovereignty of the conquering state. An example is the annexation of Abyssinia [now Ethiopia] by Italy in 1935. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 70-71]. Sublease. 1. A contract where there are 2 leases and 2 distinct judicial relations although intimately connected and related to each other, which unlike in a case of assignment of lease, where the lessee transmits absolutely his right, and his personality disappears; there only
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remains in the juridical relation 2 persons, the lessor and the assignee who is converted into a lessee. 2. A contract in which the personality of the lessee does not disappear; he does not transmit absolutely his rights and obligations to the sub-lessee; and the sub-lessee generally does not have any direct action against the owner of the premises as lessor, to require the compliance of the obligations contracted with the plaintiff as lessee, or vice versa. [Marimperio v. CA, GR L-40234. Dec. 14, 1987]. 3. A grant by a tenant of an interest in the demised premises less than his own, retaining to himself a reversion. [Mallarte v. CA, GR 85108. Oct. 4, 1989]. Sublessee. The person who leases or rents (out) a residential unit from a sublessor. [Sec. 2, BP 877; Sec.4, RA 9161; Sec. 3, RA 9653]. Sublessor. The person who leases or rents out a residential unit (previously) leased to him by an owner. [Sec. 2, BP 877; RA 9161; Sec. 3, RA 9653]. Sublet. To make a sublease, accompanied by a surrender of the possession and control of the premises, or at least a part thereof. [Mallarte v. CA, GR 85108. Oct. 4, 1989]. Submission. An agreement to accept the jurisdiction of a foreign court. Submission can also be agreeing to a valid foreign jurisdiction clause in a contract. Appearance in a suit solely to contest jurisdiction is not submission. Submitting entity. Any entity that provides credit facilities such as, but not limited to, banks, quasi-banks, trust entities, investment houses, financing companies, cooperatives, nongovernmental, micro-financing organizations, credit card companies, insurance companies and govt. lending institutions. [Sec. 3, RA 9510]. Subordinate. A person under the authority or control of another within an organization. Subordination. Being subject to the orders or direction of another; of lower rank. Subornation. The act of inducing a person to commit an unlawful or evil act. Subornation of perjury. The offense of procuring another to take such a false oath as would constitute perjury in the principal. It no longer exists in the Rev. Penal Code but the act is punished as plain perjury under Art. 183 in relation to Art. 17. The inducer becomes a principal by inducement and the one induced, a principal by direct participation. [People v. Pudol, GR 45618. Oct. 18, 1938]. Suborner. Instigator. [US v. Laserna, GR 6668. Jan. 10, 1912]. Subpoena. 1. A process directed to a person requiring him to attend and to testify at the hearing or the trial of an action or at any investigation conducted by competent authority, or for the taking of his deposition, or to bring with him any books, documents, or other things under his control. [Rule 21, RoC]. 2. A coercive process issued by the court or judge, stating the name of the court and the title of the action or investigation, directed to a person and requiring him to attend the hearing on the trial of an action, at a stated date, time and place. [Fil. Merchants Ins. Co. v. Medina, 78 OG 3136].
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Subpoena ad testificandum. Lat. A writ sent to a witness "just bring yourself, no documents." 1. A process directed to a person requiring him to attend and to testify at the hearing or the trial of an action or at any investigation conducted by competent authority, or for the taking of his deposition. [Rule 21, RoC]. 2. A process to compel the attendance of a person in court so that he may give testimony therein. Subpoena duces tecum. Lat. A writ sent to a witness "turn up and bring your documents with you." 1. A process directed to a person requiring him to bring with him any books, documents, or other things under his control. [Rule 21, RoC]. 2. A court order commanding a witness to bring certain documents or records to court. Subrogation. Civ. Law. 1. The transfer of all the rights of the creditor to a 3rd person, who substitutes him in all his rights. It may either be legal or conventional. [Chemphil v. CA, GR 112438-39. Dec. 12, 1995]. 2. Ins. The transfer of rights and remedies of the insured to the insurer who has indemnified the insured in respect of the loss. [Tiopianco, Commentaries & Jurisp. on the Ins. Code of the Phil., 1999 Ed., p. 8]. Subrogation doctrine. The principle [that] covers a situation wherein an insurer [who] has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a 3rd party with respect to any loss covered by the policy. It contemplates full substitution such that it places the party subrogated in the shoes of the creditor, and he may use all means that the creditor could employ to enforce payment. [Keppel Cebu Shipyard, Inc. v. Pioneer Ins. and Surety Corp., GR 180880-81 & 180896-97, Sept. 25, 2009, 601 SCRA 96, 141-142]. Subrogation principle. Ins. A process of legal substitution where the insurer steps into the shoes of the insured and avails of the latters rights against the wrongdoer at the time of the loss. Subrogatory action. See Accin subrogatoria. Subscribe. To write underneath, as ones name; to sign at the end of a document [Gamido v. Natl. Bilibid Prisons, GR 114829. Mar. 1, 1995, 5th Ed., 1279]. Subscribed capital stock. Corp. Law. The amount of the capital stock subscribed, whether fully paid or not. It connotes an original subscription by a subscriber of unissued shares in a corporation and would, therefore, preclude the acquisition of shares by reason of subsequent transfer from a stockholder or resale of treasury shares. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53]. Subscribers. Persons who have agreed to take and pay for original, unissued shares of a corporation formed or to be formed. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 47]. Subscription. Corp. Law. Any contract for the acquisition of unissued stock in an existing corporation or a corporation still to be formed, notwithstanding the fact that the parties refer to it as a purchase or some other contract. [Sec. 60, Corp. Code]. Subscription. Succ. The signing of the witnesses' names upon the same paper for the purpose of identification of such
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paper as the will which was executed by the testator [In Re: Taboada v. Rosal, GR L-36033. Nov. 5, 1982]. Subsequent negligence doctrine. A principle of tort law that allows a plaintiff who committed contributory acts of negligence to recover damages against a defendant who had the last opportunity in time to avoid the damage. See Last clear chance doctrine. Subsequent punishment. Any form of punishment to which the author of any utterance or publication is subjected after making the same. Subserve. To help to further or promote. Subservient. From Lat. subservire: to serve under. Subordinate in capacity or function. Subsidiaries. Government-owned or controlled corporations (GOCCs) without original charters. [Poquiz, Labor Rel. Law, 1999 Ed. p. 26]. Also known as Corporate offsprings. Subsidiary. 1. A corporation where at least a majority of the outstanding capital stock is owned or controlled, directly or indirectly, through one or more intermediaries, by the GOCC. [Sec. 3, RA 10149]. 2. A corporation more than 50% of the voting stock of which is owned or controlled directly or indirectly through one or more intermediaries by another corporation, which thereby becomes its parent corporation. [Sec. 4, RA 10142]. 3. A corporation more than 50% of the voting stock of which is owned by a bank or quasi-bank. [Sec. 3, RA 9474]. Subsidiary cooperative. 3 or more primary cooperatives, doing the same line of business, organized at the municipal, provincial, city, special metropolitan political subdivision, or economic zones created by law, registered with the CDA to undertake business activities in support of its member-cooperatives. [Sec. 1, RA 9520]. Subsidiary corporation. A corporation in which control, in the form of ownership of majority shares, is in another corporation, called the parent corporation. [Sec. 3, RA 9483]. Subsidiary corporations. Affiliated or secondary corporations which are created and administered by a principal or parent agency for the purpose of helping achieve the objectives of the latter. [Sec. 3, EO 518]. Compare with Parent or holding corporation. Subsidiary imprisonment. A penalty imposed upon the accused and served by him in lieu of the fine which he fails to pay on account of insolvency. [People v. Fajardo, GR L-43466, May 25, 1938]. Subsidiary liability. Also Secondary liability. A personal liability which attaches when the remedy against one primarily liable has been exhausted, and which may be satisfied from all assets of one secondarily liable [Enjay v. NLRC, GR 110240. July 4, 1995]. Subsidiary personal liability. Crim. Law. The liability which a convict is subject to if he has no property with which to meet the fine mentioned in par. (c) of Art. 38 of the RPC, at the rate of 1 day for each P8. [Art. 39. RPC]. Subsidy. 1. The amounts granted to GOCCs from the General Fund, to cover operational expenses that are not supported by corporate revenues or to cov-
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er corporate deficits and losses. [Sec. 3, EO 518]. 2. A pecuniary aid directly granted by the govt. to an individual or private commercial enterprise deemed beneficial to the public. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 20]. 3. A financial contribution made by a govt. or other public body that confers a benefit on an enterprise, group of enterprises, or an industry. Subsistence. The action or fact of maintaining or supporting oneself at a minimum level. Subsistence fisherman. One whose catch yields but the irreducible minimum for his livelihood. [Tano v. Socrates, GR 110249. Aug. 21, 1997, p. 2279 (1993)]. Compare with Marginal fisherman. Subsisting and altering trademark, tradenames, or service marks. Crim. Law. The felony committed by: 1. any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer or a colorable imitation thereof, for the trademark of the real manufacturer or dealer upon any article of commerce and shall sell the same; 2. any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-name or trademark has been fraudulently used in such goods; 3. any person who, in the sale or advertising of his services, shall use or substitute the service mark of some other person, or a colorable imitation of such mark; or 4. any person who, knowing the purpose for which the tradename, trade-mark, or service mark of a person is to be used, prints, lithographs, or in any way reproduces such tradename, trade-mark, or service mark, or a colorable imitation thereof, for another person, to enable that other person to fraudulently use such trade-name, trade-mark, or service mark on his own goods or in connection with the sale or advertising of his services. [Art. 188, RPC]. Substandard. Below the usual or required standard. Substandard product. A product which fails to comply with an applicable consumer product safety rule which creates a substantial risk of injury to the public. [Art. 4, RA 7394]. Substantial. Of considerable importance, size, or worth. Substantial amendment. Civ. Pro. An amendment consisting of the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. All other matters are merely of form. [Teehankee v. Madayag, GR 103102. Mar. 6, 1992]. Compare with Formal amendment. Substantial basis. Such facts and circumstances brought out by the questions of the examining judge as would lead a reasonably discreet and prudent man to believe that an offense has been committed, and the objects in connection with the offense sought to be seized are in the place sought to be searched. [People v. Tee, 443 Phil. 521, 539-540 (2003)]. Substantial capital or investment. Capital stocks and subscribed capitalization in the case of corporations, tools, equipment, implements, machineries and work premises, actually and directly used by the contractor or subcontractor in the performance or completion of the job work or service contracted out. [San
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Miguel Corp. v. Semillan, 164257, July 5, 2010]. GR Substantial mutual interests rule. One of the fundamental factors in determining the appropriate collective bargaining unit, that is, the affinity and unity of the employees' interest, such as substantial similarity of work and duties, or similarity of compensation and working conditions. [San Miguel Corp. v. Laguesma, GR 100485. Sep. 21, 1994]. Substantial stockholder. Any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. [Sec. 1, Rule IX, RA 6713]. Substantive. Having a firm basis in reality and therefore important, meaningful, or considerable. Substantive criminal law. Law with the purpose of prevention of harm to society which prescribed punishment for specific offenses. The basic law of rights and duties as opposed to "remedial law" which provides methods of enforcement. Substantive due process. A guarantee that life, liberty and property shall not be taken away from anyone without due process of law. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 96]. Compare with Procedural due process. Substantive due process. Requirements: (a) There must be a valid law upon which it is based; (b) the law must have been passed and approved to accomplish a valid governmental objective; (c) the objective must be pursued in a lawful manner; and (d) the law as well as the means to accomplish the objective must be valid and not oppressive. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 96].
Substantial cause. A cause which is important but not less than any other cause. [Sec. 4, RA 8800]. Substantial compliance rule. 1. Compliance with the essential requirements, whether of a contract or of a statute. 2. [The] rule [applied] in criminal cases to comply with the constitutional requirement that the accused be informed of the charge against him/her as embodied in the Information filed with the court. [Olivarez v. CA, GR 163866, July 29, 2005, 465 SCRA 465]. 3. The rule [applied] both primarily in compliance with the essential statutory requirements and in liberally construing and applying remedial laws for just and compelling reasons in order to promote the orderly administration of justice. [Kasapian ng Malayang Manggagawa sa Coca-ColaCFW Local 245 v. CA, GR 159828, Apr. 19, 2006]. Substantial errors. Errors involving substantial and controversial matters such as those which affect the civil status or the nationality or citizenship of persons which cannot be corrected under said summary proceedings, but should be threshed out in an appropriate action wherein the State as well as persons who may be affected by the change should be notified or represented. Compare with Clerical errors. Substantial evidence. [It] is more than mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. [Ang Tibay v. CIR, GR 46496. Feb. 27, 1940].
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Substantive due process doctrine. Under the doctrine, a law may be voided when it does not relate to a legitimate end and when it unreasonably infringes on contractual and property rights. The doctrine as enunciated in Allgeyer v. Louisiana, 165 U.S. 578 (1897) can be easily stated, thus: the govt. has to employ means [legislation] which bear some reasonable relation to a legitimate end. [Nowak, Rotunda and Young, Constl. Law 436, 443 (2d Ed.)]. Substantive equality. The full and equal enjoyment of rights and freedoms contemplated under RA 9710. It encompasses de jure and de facto equality and also equality in outcomes. [Sec. 4, RA 9710]. Substantive law. The statutory or written law that governs rights and obligations of those who are subject to it. Compare with Remedial or adjective law. Substantive private law. Those rules which declare legal relations of litigants when the courts have been properly moved to action upon facts duly presented to them. [Suarez, Stat. Con., (1993), pp. 38-39]. Compare with Procedural or adjective private law. Substantive statutes. Laws which establish rights and duties. [Bustos v. Lucero, 81 Phil. 640]. Substation. Any building, room or separate place which houses or encloses electric supply equipment connected to transmission or distribution lines and the interior of which is accessible, as a rule, only to properly qualified persons. [Sec. 2, RA 7920]. Substitute. To put in the place of, change for, make way for, take the place of another. [Intl. Oil Factory v. Dir. of Health, GR L-13438. May 31, 1961]. Substitute and special parental authority. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated: (a) The surviving grandparent, as provided in Art. 214, FC; (b) the oldest brother or sister, over 21 years of age, unless unfit or disqualified; and (c) the child's actual custodian, over 21 years of age, unless unfit or disqualified. [Art. 216, FC]. Substituted limited partner. A person admitted to all the rights of a limited partner who has died or has assigned his interest in a partnership. [Art. 1859, CC]. Compare with Assignee. Substituted service of pleadings and other papers. The service of pleadings, motions, notices, resolutions, orders and other papers made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail, if service cannot be made under the 2 latter modes to the office and place of residence of the party or his counsel being unknown. The service is complete at the time of such delivery. [Sec. 8, Rule 13, RoC]. Substituted service of summons. Service of summons effected (a) by leaving copies of the summons at the defendant's residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof, in case where, for jus-
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tifiable causes, the defendant cannot be served within a reasonable time as provided in Sec. 6 of the Rules of Court. [Sec. 7, RoC]. Substitution. Succ. The appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. [Ramirez v. Vda. de Ramirez, GR L-27952. Feb. 15, 1982]. Substitution. Succ. Kinds: Simple or common, brief or compendious, reciprocal, and fideicommissary [Art. 858, CC]. Acc. to Tolentino, Although the Code enumerates 4 classes, there are really 2 principal classes of substitutions: the simple and the fideicommissary. The others are merely variations of these 2. [Tolentino, III Civ. Code, p. 185 (1973)]. The simple or vulgar is that provided in Art. 859 of the Civ. Code while the fideicommissary substitution is described in Art. 863 of the same Code. [Ramirez v. Vda. de Ramirez, GR L-27952. Feb. 15, 1982]. Substitution doctrine. Civ. Law. It has been referred to as the Doctrine of substitution. It is an arm of equity that may guide or even force one to pay a debt for which an obligation was incurred but which was in whole or in part paid by another. [Fireman's Fund Ins. Co. v. Jamila & Co., GR 27427. Apr. 7, 1976]. Substitution of counsel. Rem. Law. Requirements to be valid: (1) The filing of a written application for substitution; (2) the clients written consent; (3) the consent of the substituted lawyer if such consent can be obtained; and, in case such written consent cannot be procured, (4) a proof of service of notice of such motion on the attorney to be substituted in the manner required by the Rules [of Court]. [Sec. 26, Rule 138, RoC]. Substitution of heirs. Succ. 1. The appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. [Art. 857, CC]. 2. Substitution of heirs may be: (a) Simple or common; (b) brief or compendious; (c) reciprocal; or (d) fideicommissary. [Art. 858, CC]. Substitutionary doctrine. Labor. It provides that the employees cannot revoke the validly executed collective bargaining contract with their employer by the simple expedient of changing their bargaining agent. The new agent must respect the contract. The employees, thru their new bargaining agent, cannot renege on the collective bargaining contract, except to negotiate with management for the shortening thereof. [Benguet Consolidated, Inc. v. BCI Employees & Workers Union-PAFLU, GR L24711. Apr. 30, 1968]. Substitutionary evidence. A term used to describe alternative methods of proving the existence of a lost item, such as a decedent's will. See Secondary evidence. Subtenant. A person who rents all or a portion of leased premises from the lessee for a term less than the original one, leaving a reversionary interest in the 1st lessee. [Mallarte v. CA, GR 85108. Oct. 4, 1989]. Subterranean. Existing, occurring, or done under the earth's surface. Subtransmission assets. The facilities related to the power delivery service be-
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low the transmission voltages and defined as facilities based on the functional assignment of assets incl., but not limited to, step-down transformers solely used by load customers, associated switchyard or substation, control and protective equipment, reactive compensation equipment to improve customer power factor, overhead lines, and the land where such facilities or equipment are located, where applicable. [Sec. 4, RA 9136]. Suburbs. A region or place adjacent to a city; a town or village so near it that it may be used for residence by those who do business in the city. [Manila Electric Co. v. Public Service Comm., GR L21435. Feb. 28, 1966]. Subversion. 1. Mere membership in a subversive association is sufficient and the taking up of arms by a member of a subversive organization against the Govt. is but a circumstance which raises the penalty to be imposed upon the offender. [People v. Asuncion, GR 8383742. Apr. 22, 1992]. 2. Subversion, like treason, is a crime against national security. [Buscayno v. Military Commissions, GR 58284, 109 SCRA 289 (1981)]. Succeed. To come next in time or succession; follow after another; replace another in an office or a position. Succession. 1. A mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. [Art. 774, CC]. 2. Succession may be: (a) testamentary; (b) legal or intestate; or (c) mixed. Successional rights; when transmitted. The rights to the succession are transmitted from the moment of the death of the decedent. [Art. 777, CC]. Successive. Following in uninterrupted order; consecutive. Successive service of sentence rule. When the culprit has to serve 2 or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit; otherwise, in the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively. [From Art. 70, RPC]. Successor. A person who takes over the rights of another. Successor-in-interest. One to whom the debtor has transferred his statutory right of redemption; one to whom the debtor has conveyed his interest in the property for the purpose of redemption; or one who succeeds to the interest of the debtor by operation of law; or one or more joint debtors who were joint owners of the property sold; or the wife as regards her husband's homestead by reason of the fact that some portion of her husband's title passes to her. [Magno v. Viola, GR 37521. Dec. 22, 1934]. Sudden peril. A doctrine that provides that an automobile driver who, by the negligence of another, is suddenly placed in an emergency and compelled to act instantly to avoid collision or injury is not guilty of negligence if he makes a choice as a person of ordinary prudence placed in such a position might take, even though he did not make the wisest choice and one that would have been
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required in the exercise of ordinary care but for the emergency. Sue. To institute legal proceedings against a person or institution, typically for redress. Sue and labor clause. Mar. Ins. A clause under which the insurer may become liable to pay the insured, in addition to the loss actually suffered, such expenses as he may have incurred in his efforts to protect the property against a peril for which the insurer would have been liable. Suffer. 1. To endure or bear; stand: would not suffer fools. 2. To permit; allow Sufferance. Toleration; negative permission by not forbidding; passive consent; license implied from the omission or neglect to enforce an adverse right. Sufficiency of evidence. The adequacy of evidence. Such evidence in character, weight, or amount, as will legally justify the judicial action demanded or prayed by the parties. This refers to the question as to whether the evidence amounts or meets the required quantum needed to arrive at a decision in a civil, criminal, or administrative case; or to prove matters of defense or mitigation or to overcome a prima facie case or a presumption. Sufficiency of facts test. The test of sufficiency of the facts found in a complaint as constituting a cause of action is whether or not admitting the facts alleged the court can render a valid judgment upon the same in accordance with the prayer thereof The hypothetical admission extends to the relevant and material facts well pleaded in the complaint and inferences fairly deducible therefrom. Hence, if the allegations in the complaint furnish sufficient basis by which the complaint can be maintained, the same should not be dismissed regardless of the defense that may be assessed by the defendants. [Navoa v. CA, 251 SCRA 545 (1995)]. Sufficient lapse of time. A period of time long enough to justify that the crime was committed with deliberate premeditation (premeditacion conocida,) because, in a judicial sense, it afforded full opportunity for meditation and reflection, and was amply sufficient to allow his conscience to overcome the resolution of his will (vencer las determinaciones de la voluntad) had he desired to hearken to its warnings. [US v. Gil, 13 Phil. 530 (1909)]. Sufficient provocation. Provocation that is adequate to excite the person to commit the wrong and must accordingly be proportionate to its gravity and must also immediately precede the act to constitute a mitigating circumstance. [People v. Tan Cui, GR L-22697. Oct. 5, 1976]. Sufficient provocation. Requisites: (a) Provocation must be sufficient; (b) it must be immediate to the commission of the crime; and (c) it must originate from the offended party. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 91]. Sufficient standard test. The test to determine whether or not there is a valid delegation of legislative power under which there must be adequate guidelines or limitations in the law to map out the boundaries of the delegate's authority and prevent the delegation from running riot. [Eastern Shipping Lines, Inc. v.
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POEA, GR L-76633. Oct. 18, 1988]. Compare with Completeness test. Suffocation. A layman's term for asphyxia, which is the result of any impairment of the process of respiration which may be due to any cause which prevents the ingress of air in the respiratory passages, as in cases of hanging, strangulation, throttling, drowning, choking, smothering and pressure on the chest. Suffrage. The right to vote in an election. It is the expression of the sovereign will of the people. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 271]. See also Right of suffrage. Sugar Act of 1952. RA 809 entitled An Act to regulate the relations among persons engaged in the sugar industry enacted on June 22, 1952. Sugar quota. A certain number of sugar piculs, assigned to a sugar planter which he is required to mill for every crop year in a designated milling district. Sugar Regulatory Administration (SRA). The agency created by virtue of EO 18 which was signed into law on May 28, 1986 to, among others, promote the growth and development of the sugar industry. Suggested net retail price. The net retail price at which locally manufactured or imported distilled spirits are intended by the manufacturer or importer to be sold on retail in major supermarkets or retail outlets in Metro Manila for those marketed nationwide, and in other regions, for those with regional markets. At the end of 3 months from the product launch, the BIR shall validate the suggested net retail price of the new brand against the net retail price as defined herein and initially determine the correct tax on a newly introduced distilled spirits. After the end of 9 months from such validation, , the BIR shall revalidate the initially validated net retail price against the net retail price as of the time of revalidation in order to finally determine the correct tax on a newly introduced distilled spirits. [Sec. 141, NIRC, as amended]. Suggested retail price (SRP). The price which the manufacturer recommends that the retailer sell the product. The intention was to help to standardise prices among locations. Sui generis. Lat. Of its own kind or class; i.e., the only one of its kind; peculiar. Sui juris. Lat. Of ones own right. A person who possesses full civil rights and is not under any legal incapacity such as being bankrupt, of minor age or mental incapacity. Most adults are sui juris. Suicidal behavior. Legal Med. The final act in a course of self-destruction. [Olarte, Legal Med., 1st Ed. (2004), p. 138]. Suicidal impulse. Legal Med. A strong desire to kill oneself, usu. in acute depression. [Olarte, Legal Med., 1st Ed. (2004), p. 151]. Suicide. A positive act of ending ones (own) life. [Sun Insurance Office, Ltd. v. CA, GR 92383. July 17, 1992]. Compare with Willful exposure to needless peril. Suicide attempts. Legal Med. Actions that are intended to be fatal but dont succeed. [Olarte, Legal Med., 1st Ed. (2004), p. 139].
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Suicide gestures. Legal Med. Suicide plans and actions that appear unlikely to be fatal. [Olarte, Legal Med., 1st Ed. (2004), p. 138]. Suit. The prosecution or pursuit of some claim or demand in court. [Albano, Rem. Law Reviewer, 1st Ed., p. 70]. Suitable employment. Remunerative occupation giving the rehabilitee earning at least equal to the statutory minimum wage. [Sec. 1, Rule 9, Rules on Employees Compensation]. Suitable for economic family-size farm. It refers to situations where a parcel of land whose characteristics, such as climate, soil, topography, availability of water and location, will support a farm family if operated in economic familysize farm units and does not include those where large-scale operations will result in greater production and more efficient use of land. [Sec. 166, RA 3844]. Suitable substitute. That kind of article which would serve substantially the same purpose or produce substantially the same results as the brand, type, or make of article originally desired or requisitioned. [Sec. 357, LGC]. Suits against state. Suits with relation to matters in which the State agencies have assumed to act in a private or nongovernmental capacity, and various suits against the State. [PNR v. IAC, GR 70547. Jan. 22, 1993]. Sultada. Tag. Match of the roosters. [Jamago v. Arrieta, GR L-20876. July 30, 1965]. Summary. Dispensing with needless details or formalities; brief. Summary distribution. A procedure by which, in a summary manner, the estate of a deceased person is valued, his debts are paid, his will, if any is allowed, the heirs and legatees are declared, and distribution is made, all in a single hearing and a single order, so far as this is practicable, without the appointment of any administrator or executor. Summary hearing. Rem. Law. Such brief and speedy method of receiving and considering the evidence of guilt as is practicable and consistent with the purpose of the hearing which is merely to determine the weight of the evidence for purposes of bail. [Siazon v. Presiding Judge of Davao City, GR L-34156-58. Oct. 29, 1971]. Summary judgment. Civ. Pro. 1. A device for weeding out sham claims or defenses at an early stage of the litigation, thereby avoiding the expense and loss of time involved in a trial. The very 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 suitor to the burden of a trial. [Excelsa Industries v. CA, GR 105455. Aug. 23, 1995]. 2. A procedural technique that is proper only when there is no genuine issue as to the existence of a material fact and the moving party is entitled to a judgment as a matter of law. [based on Sec. 3, Rule 35, RoC]. 3. A method intended to expedite or promptly dispose of cases where the facts appear undisputed and certain from the pleadings, depositions, admissions, and affidavits on record. [Viajar v. Estenzo, GR L-45321, Apr. 30, 1979]. See Accelerated judgment.
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Summary judgment. Civ. Pro. Requisites: (1) There must be no genuine issue as to any material fact, except for the amount of damages; and (2) the party presenting the motion for summary judgment must be entitled to a judgment as a matter of law. [Solidbank Corp. v. CA, GR 120010, Oct. 3, 2002]. Summary judgment procedure. Civ. Pro. A method for promptly disposing of actions in which there is no genuine issue as to any material fact. [De Leon v. Faustino, GR L-15804. Nov. 29, 1960]. Summons. Civ. Pro. 1. A writ by which the defendant is notified of the action brought against him. Service of such writ in the means by which the court may acquire jurisdiction over his person. Trial and judgment without such service is null and void. [Olar v. Cuna, GR L47935. May 5, 1979]. 2. Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party. Sumpak. Tag. Home-made shotgun. [People v. Valencia, GR 94511-13. Sep. 18, 1992]. Sundang. Tag. A sharp-pointed bolo. [People v. Macapanas, GR 187049, May 4, 2010]. Sungo. Tag. Corn germ proper or embryo. [Go Ka Toc Sons and Co. v. Rice and Corn Board, GR L-23607, May 23, 1967].]. Superior. (1) A military commander or a person effectively acting as a military commander; or (2) any other superior, in as much as the crimes arose from activities within the effective authority and control of that superior. [Sec. 3, RA 9851]. Superlight. Also called Magic light. A type of light using halogen or metal halide bulb which may be located above the sea surface or submerged in the water. It consists of a ballast, regulator, electric cable and socket. The source of energy comes from a generator, battery or dynamo coupled with the main engine. [Sec. 4, RA 8550]. Supermarket. A place designated by municipal authorities of a city or of an incorporated town for the sale of grocery goods, food stuffs, dry goods, liquor, and other commodities such as meat, fresh fruits, poultry products, milk and vegetables necessary or convenient for the subsistence of the community that are refrigerated. [Kamuning Theater, Inc. v. Quezon City, GR L-19136. Feb. 28, 1963]. Supersedeas. Lat. You shall desist. A suspension of the power of the court below to issue an execution on the judgment or decree appealed from; or, if a writ of execution has issued, it is a prohibition emanating from the CA against the execution of the writ. [Watson & Co. v. Enriquez, 1 Phil. 480-484]. Supersedeas bond. A bond required of one who petitions to set aside a judgment or execution and from which the other party may be made whole if the action is unsuccessful. Supervening. Occuring later than a specified or implied event or action, typically in such a way as to change the situation.
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Supervening event. 1. Facts and events transpiring after the judgment or order had become executory which would justify the suspension or nullification of the execution of a final and executory judgment. [Javier v. CA, GR 96086. July 21, 1993]. 2. It would arise if an event occurs after the decision which would nullify, or render impossible or inequitable, enforcement thereof. [La Campana Food Products v. CIR, GR L-27907. May 22, 1969]. Supervening negligence doctrine. Also Discovered peril doctrine. The doctrine x x x to the effect that where both parties are negligent, but the negligent act of one is appreciably later in time than that of the other, or when it is impossible to determine whose fault or negligence should be attributed to the incident, the one who had the last clear opportunity to avoid the impending harm and failed to do so is chargeable with the consequences thereof. [Picart v. Smith, 37 Phil. 809]. [A]n antecedent negligence of a person does not preclude the recovery of damages for supervening negligence of, or bar a defense against the liability sought by, another if the latter, who had the last fair chance, could have avoided the impending harm by the exercise of due diligence. [Pantranco North Express, Inc. v. Baesa, 179 SCRA 384]. Supervise. To oversee, to have oversight of, to superintend the execution of or the performance of a thing, or the movements or work of a person; to inspect with authority; to inspect and direct the work of a person; to inspect with authority; to inspect and direct the work of others. [Rodriguez v. Montinola, 94 Phil. 964]. Supervised trial custody. A period of time within which a social worker oversees the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial relationship. [Sec. 3, RA 8552]. Supervision. Admin. Law. Overseeing or the power or authority of an officer to see that subordinate officers perform their duties. If the latter fail or neglect to fulfill them the former may take such action or step as prescribed by law to make them perform these duties. [Mondano v. Silvosa, GR L-7708. May 30, 1955]. Compare with Control. Supervision and control. The authority to act directly whenever a specific function is entrusted by law or regulation to a subordinate; direct the performance of duty; restrain the commission of acts; review, approve, reverse or modify acts and decisions of subordinate officials or units; determine priorities in the execution of plans and programs. Unless a different meaning is explicitly provided in the specific law governing the relationship of particular agencies the word control shall encompass supervision and control as defined herein. [Llamas v. Orbos, GR 99031. Oct. 15, 1991]. Supervisor. See Coordinator. Supervisory employees. Those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. [Art. 212, LC]. Supplement. Something that exists side by side with the original. It does not re-
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place that which it supplements. [Aznar III, v. Bernard, GR 81190, May 9, 1988]. Supplemental. Something added to complete a thing, make up for a deficiency, or extend or strengthen the whole. Supplemental budget. A supplementary financial plan embodying changes during the fiscal year in the annual estimates of income and appropriations. [Sec. 14, PD 477]. Supplemental pleadings. Additional pleadings setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented and which the court, upon motion of a party, upon reasonable notice and upon such terms as are just, may permit him to serve. The adverse party may plead thereto within 10 days from notice of the order admitting the supplemental pleading. [Sec. 6, Rule 10, RoC]. Supplemental procurement plan or procurement program. The itemized list showing the required supplies in a fiscal year not covered in the annual or amendatory procurement plan or program. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Supplementary unit. A unit which is neither a base nor a derived unit. [Sec. 4, BP 8]. Supplements. The extra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnings or wages. [AtokBig Wedge Assn. v. Atok-Big Wedge Co., L-7349. July 19, 1955; 51 OG 3432]. Compare with Facilities. Suppletory. Supplying deficiencies. [GSIS v. Villaviza, GR 180291, July 27, 2010]. Supplier. 1. A person, other than a consumer, who in the course of his business, solicits, offers, advertises, or promotes the disposition or supply of a consumer product or who other than the consumer, engages in, enforces, or otherwise participates in a consumer transaction, whether or not any privity of contract actually exists bet. that person and the consumer, and includes the successor to, or assignee of, any right or obligation on of the supplier. [Art. 4, RA 7394]. 2. A person, firm or manufacturer who furnishes or sells the supplies or property needed or required by a[n] LGU. It is synonymous to dealer, bidder, offerer, seller or contractor. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 3. Any person or entity authorized by the ERC to sell, broker, market or aggregate electricity to the end-users. [Sec. 4, RA 9513]. Supplier of electricity. Any person or entity authorized by the Energy Regulatory Commission (ERC) to sell, broker, market or aggregate electricity to the end-users. [Sec. 4, RA 9136]. Supplies. 1. [It] includes any and all items of whatever nature or description which may be necessary for, or incidental to, the operation of an aircraft. [Sec. 3, RA 9497]. 2. The term includes everything, except real property, which may be needed in the transaction of public business or in the pursuit of any undertaking, project, or activity, whether in the nature of equipment, furniture, stationary materials for construction or personal property of any sort, incl. nonpersonal or contractual services such as the repair and maintenance of equip-
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ment and furniture, as well as trucking, hauling, janitorial, security, and related services. [Sec. 357, LGC]. Supply. Any article furnished for carrying on the work which from its nature is necessarily so consumed by use in the work. [Kilosbayan, Inc. v. Morato GR 118910. July 17, 1995]. Compare with Equipment. Supply and demand. An economic model of price determination in a market. It concludes that in a competitive market, the unit price for a particular good will vary until it settles at a point where the quantity demanded by consumers [at current price] will equal the quantity supplied by producers [at current price], resulting in an economic equilibrium for price and quantity. Supply of electricity. The sale of electricity by persons or entities authorized pursuant to RA 9136. [Sec. 4, RA 9136]. Supply of electricity charge. The charge imposed by electricity suppliers for the sale of electricity to end-users, excluding the charges for generation, transmission and distribution wheeling, [Sec. 4, RA 9136]. Support. That which comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. [Art. 194, FC]. Support pendente lite. A provisional remedy in the form of an order issued by a judge before whom the proper action is pending granting an allowance for sustenance, dwelling, clothing, education and medical attendance to the party or parties entitled thereto. [Katarungang Pambarangay Rules]. Support person. A person chosen by the child to accompany him to testify at or attend a judicial proceeding or deposition to provide emotional support for him. [Sec. 4 (f), AM 00-4-07-SC]. Suppress. To forbid the use of evidence at a trial because t is improper or was improperly obtained. See also Exclusionary rule. Supra. Lat. Above. [It] is used to represent a decision, order, judgment, etc. referred or mentioned in the document previously. Compare with Infra. Supremacy of the law. Doctrine that all persons, incl. the sovereign, are subordinate to the rule of law. Supreme Court. The highest court in the land, established by the Phil. Consti. Supreme Court Reports Annotated. Abbrev. SCRA. Publication of court decisions of the Sup. Court since 1961. Surcharge. An amount imposed by law as an addition to the main tax in case of delinquency. Surety. 1. It is considered in law as being the same party as the debtor in relation to whatever is adjudged touching the obligation of the latter, and their liabilities are interwoven as to be inseparable. [PNB v. Pineda, GR 46658. May 13, 1991]. 2. The insurer of the debt (who) obligates himself to pay if the principal does not pay. [Machetti v. Hospicio, 43 Phil. 297]. 3. The person who has pledged him or herself to pay back money or perform a certain action if the principal to a contract fails, as collateral,
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and as part of the original contract. Technically, where a person provides collateral after or before the original contract is signed, and as a separate contract, the person is called a guarantor" and not a "surety." Compare with Guarantor. Surety bond. A bond purchased at the expense of the estate to insure the executor's proper performance. Also referred to as Fidelity bond. Suretyship contract. 1. An agreement whereby a party called the surety guarantees the performance by another party called the principal or obligor of an obligation or undertaking in favor of a 3rd party called the obligee. [Sec. 175, IC] 2. It is deemed an insurance contract, within the meaning of the Insurance Code, only if made by a surety who or which, as such, is doing an insurance business. [Sec. 2, IC]. Surface bargaining. Labor. Going through the motions of negotiating without any legal intent to reach an agreement. It is a violation of the duty to bargain collectively. [Standard Chartered Bank Employees Union (NUBE) v. Confesor, GR 114974, June 16, 2004]. Surface water. All water, which is open to the atmosphere and subject to surface runoff. [Sec 4, RA 9275]. Surname or Family name. That which identifies the family to which he belongs and is continued from parent to child. the surname to which the child is entitled is fixed by law. [Rep. v. Hernandez, GR 117209. Feb. 9, 1996]. Compare with Given or proper name. Surplus. An amount of something left over when requirements have been met; an excess of production or supply over demand. Surplus property. A property no longer needed by a[n] LGU. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Surplusage. Excess: a quantity much larger than is needed. Surplusagium non nocet. Lat. Surplusage does no harm. Surrender. 1. To turn over possession of real property, either voluntarily or upon demand, by tenant to landlord. 2. To give oneself up to law enforcement officials. Surrogate. A person acting on behalf of another or a substitute, including a woman who gives birth to a baby of a mother who is unable to carry the child. Surrogate mother. 1. A woman who bears a child for another person, often for pay, either through artificial insemination or by carrying until birth another woman's surgically implanted fertilized egg. 2. One that acts as, serves as, or is a mother substitute. Survey by unauthorized person. The offense committed by any person who shall, without permit to survey from the Dir. [of Forest Devt.], enter any forest lands, whether covered by a license agreement, lease, license, or permit, or not, and conduct or undertake a survey for whatever purpose. [Sec. 73, PD 705]. Surveyor. A person who surveys, esp. one whose profession is the surveying of land.
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Survivor. A person who outlives another. Survivorship. A right depending on survival, esp. the right of a survivor of people with a joint interest to take the whole on the death of the others. Survivorship disqualification rule. [The rule that] provides that if one party to the alleged transaction is precluded from testifying by death, insanity, or other mental disabilities, the surviving party is not entitled to the undue advantage of giving his own uncontradicted and unexplained account of the transaction. [Tan v. CA, 295 SCRA 247 (1998), p. 258]. See Dead man statute. Survivorship disqualification rule. Requisites: 1. The witness is a (a) party to a case, (b) or an assignor of a party to a case or (c) a person in whose behalf a case is prosecuted; 2. The action is against: (a) an executor or administrator or other representative of a deceased person (b) or a person of unsound mind; 3. The subject matter of the action is a claim or demand against: (a) the estate of the deceased person, or (b) a person of unsound mind; 4. The testimony of the witness refers to any matter of fact which occurred before (a) the death of such deceased person or (b) such person became of unsound mind. Survivorship presumption. 1. The disputable presumption that, as bet. 2 or more persons who are called to succeed each other, they died at the same time and there shall be no transmission of rights from one to the other, provided that (a) the parties are heirs to one another; (b) there is no proof as to who died first; and (c) there is doubt as to who died first. [Art. 43, CC]. 2. Presumption based on the probabilities resulting from the strength and age of the sexes of 2 persons who perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, in accordance with the following rules: (a) If both were under the age of 15 years, the older is presumed to have survived; (b) if both were above the age of 60, the younger is presumed to have survived; (c) if one is under 15 and the other above 60, the former is presumed to have survived; (d) if both be over 15 and under 60, and the sexes be different, the male is presumed to have survived; if the sexes be the same, then the older; and (e) if one be under 15 or over 60, and the other bet. those ages, the latter is presumed to have survived. [Sec. 3(jj), Rule 131, RoC]. Suspended sentence. The holding in abeyance of the service of the sentence imposed by the court upon a finding of guilt of the child in conflict with the law, whereby the child undergoes rehabilitation within a fixed period under such terms and conditions as may be ordered by the court. [Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Suspension. A temporary loss of the right to practice law by an attorney. Suspension of arms. Intl. Law. The temporary cessation of hostilities by agreement of the local commanders for such purposes as the gathering of the wounded and the burial of the dead. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 143-144]. Suspension of execution of sentence. A disposition under which a defendant, af-
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ter conviction and sentence, is released. Its objective primarily is to save the accused from the corrosive effects of imprisonment and the stigma of incarceration. Suspension of payment. Under the Insolvency Law, the postponement of the payment of the debts of a debtor who, possessing sufficient properties to cover his debts, and foreseeing the impossibility of meeting them when they respectively fall due, petitions the court that he be declared in a state of suspension of payments. Suspension of sentence. A concept of probation intended to benefit minor offenders and is designed primarily to save the minor offenders from the stigma of criminal record. Suspension or Disbarment of a lawyer. Grounds: (1) Deceit; (2) malpractice; (3) gross misconduct in office; (4) grossly immoral conduct; (5) conviction of a crime involving moral turpitude; (6) violation of the lawyers oath; (7) willful disobedience of any lawful order of a superior court; and (8) willfully appearing as an attorney for a party without authority to do so. [Sec. 27, Rule 138, RoC; Re: Admin. Case v. Atty. Occea, 433 Phil. 138, 155 (2002)]. Suspensive condition or Condition precedent. One which suspends the demandability of the obligation until the happening of the event. [Diaz, Bus. Law Rev., 1991 Ed., p. 10]. Compare with Resolutory condition. Suspensive period (ex die). The obligation begins only from a day certain upon the arrival of the period. [Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Sustain. A court ruling upholding an objection or a motion. Sustainable. 1. Able to be maintained at a certain rate or level. 2. Conserving an ecological balance by avoiding depletion of natural resources. Sustainable development. 1. Development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It contains within it 2 key concepts: (1) the concept of "needs", in particular, the essential needs of the world's poor, to which overriding priority should be given; and (2) the idea of limitations imposed by the state of technology and social organizations on the environment's ability to meet present and future needs. It is the harmonious integration of a sound and viable economy, responsible governance, social cohesion and harmony, and ecological integrity to ensure that human development now and through future generations is a life-enhancing process. [Sec. 3, RA 10121]. 2. The improvement in the quality of life of the present and future generations through the complementation of development and environmental protection activities. [Sec. 3, RA 7611]. Sustainable human development. Bringing people, particularly the poor and vulnerable, to the center of development process, the central purpose of which is the creation of an enabling environment in which all can enjoy long, healthy and productive lives, done in the manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends. [Sec. 4, RA 10354].
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Sustainable traditional resource rights. The rights of Indigenous Cultural Communities or Indigenous Peoples (ICCs or IPs) to sustainably use, manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with their indigenous knowledge, beliefs, systems and practices. [Sec. 4, RA 8371]. Sustained-yield management. Continuous or periodic production of forest products in a working unit with the aid of achieving at the earliest practicable time an approximate balance bet. growth and harvest or use. This is generally applied to the commercial timber resources and is also applicable to the water, grass, wildlife, and other renewable resources of the forest. [Sec. 3, PD 705]. Sustenance. 1. Food and drink regarded as a source of strength; nourishment. 2. The maintaining of someone or something in life or existence. Sustenance fishing. See Municipal fishing. Susuray-suray. Tag. In a wobbling motion. [People v. Relucio, GR L-38790. Nov. 9, 1978]. Suum cuique tribuere. Lat. Render unto each person what is due him. It is a supreme norm of justice which the law develops. Suum jus, summa injuria. Lat. The abuse of right is the greatest possible wrong. Swear. To put on oath; to declare on oath the truth of a pleading, etc. [Gamido v. Natl. Bilibid Prisons, GR 114829. Mar. 1, 1995, 5th Ed., Id., 1298]. Sweetheart defense. In rape, the defense [that] must be proven by compelling evidence: 1st, that the accused and the victim were lovers; and, 2nd, that she consented to the alleged sexual relations. [People v. Bautista, GR 140278, June 3, 2004, 430 SCRA 469, 471]. See Sweetheart theory. Sweetheart theory. Crim. Law. [An] affirmative defense [which] must be established with convincing evidence - by some documentary and/or other evidence like mementos, love letters, notes, pictures and the like. [It] is effectively an admission of carnal knowledge of the victim and consequently places on the accused the burden of proving the supposed relationship by substantial evidence, [hence] it must be supported by documentary, testimonial and other defense to be worthy of judicial acceptance. [People v. Grande, GR 170476,Dec. 23, 2009]. Swindle. To cheat through trick, device, false statements or other fraudulent methods with the intent to acquire money or property from another to which the swindler is not entitled. Swindling. Crim. Law. 1. The act of cheating or defrauding of money or property. 2. Obtaining by fraudulent means. See Estafa. Swindling. Crim. Law. Essential elements: 1. That the thing disposed of be real property; 2. that the offender knew that the real property was encumbered, whether the encumbrance is recorded or not; 3. that there must be express representation by the offender that the real
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property is free from encumbrance; and 4. that the act of disposing of the real property be made to the damage of another. [Naya v. Sps. Abing, 446 Phil. 484, 494 (2003)]. Swindling a minor. Crim. Law. The felony committed by any person who, taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form. [Art. 317, RPC]. Swindling, Other forms of. Crim. Law. The felony committed by (a) any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same; (b) any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded; (c) the owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any 3rd person; (d) any person who, to the prejudice of another, shall execute any fictitious contract; (e) any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor; or (f) any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation. [Art. 316, RPC]. Sworn. Given under oath. Sworn renunciation. The formal rejection of the foreign citizenship through an affidavit duly sworn before an officer authorized to administer oath. [SobejanaCondon v. Comelec, GR 198742, Aug. 10, 2012]. Syllabus. A brief summary of a legal rule or significant facts in a case, which along with other syllabi or head notes, precedes the printed opinion in reports. Symbol. Any conventional sign which reveals man's achievement and heroism [or orders and decorations], identification, authority and a sign of dignity (for coat-of-arms, logo and insignia). [Sec. 3, RA 8491]. Symbolic delivery. With regard to movable property, delivery shall be deemed made by the delivery of the keys of the place or depository where it is stored or kept. [Art. 1498, CC]. Symbolic speech. Expression which is not communicated primarily through words but through behavior such as burning paper mache images, flags, wearing arm bands, shirts with signs, etc. [A. T. Domondon, Legal Whatchamacallit, Oct. 11, 2011]. Synallagmatic contract. A civil law term for a reciprocal or bilateral contract: one in which both parties provide consideration. A contract of sale is a classic example, where one party provides money and the other, goods or services. A gift is not a synallagmatic contract.
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Synchronization. The act or result of synchronizing; concurrence of events or motions in respect to time. [Osmea v. Comelec, GR 100318. July 30, 1991]. Synchronize. To happen or take place at the same time; to represent or arrange event so as to indicate coincidence or coexistence; to cause to agree in time. [Osmea v. Comelec, GR 100318. July 30, 1991]. Syndicate. 1. Crim. Law. It consists of 5 or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme. [Sec. 1, PD 1689]. 2. Labor. 3 or more persons (who) conspire or confederate with one another in carrying out any unlawful or illegal transaction, enterprise or scheme. [Art. 38(b), LC, as amended by RA 8042]. Syndicated child pornography. The crime of child pornography [which] Is deemed committed by a syndicate if carried out by a group of 3 or more persons conspiring or confederating with one another. [Sec. 5, RA 9775]. Syndicated crime group. A group of 2 or more persons collaborating, confederating, or mutually helping one another for the purposes of gain in the commission of any crime. [Art. 62 of the Rev. Penal Code, as amended by Sec. 23 of RA 7659]. See Organized crime group. Synthetic Investment Products. Derivatives and other securities created exclusively out of one or more financial instruments to simulate the returns of the underlying financial instruments, such as credit-linked notes, collateralized debt obligations. total return swaps, credit spread options, credit default options, and similar products determined by the SEC. [Sec. 3, RA 9856].
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-TTable a bill. Motion to kill a bill by cutting off consideration of it by the legislature. Such motion is not debatable. Tacit. Understood or implied without being stated. Tacit acceptance of the inheritance. An acceptance resulting from acts by which the intention to accept the inheritance is necessarily implied, or which one would have no right to do except in the capacity of an heir. [Art. 1049, CC]. Tacit or Implied ratification. It is understood that there is a tacit ratification if, with knowledge of the reason which renders the contract voidable and such reason having ceased, the person who has a right to invoke it should execute an act which necessarily implies an intention to waive his right. [Art. 1393, CC]. Tacita reconduccion. Sp. Implied renewal of lease. [Chua v. CA, GR 106573. Mar. 27, 1995]. Tacita reconduccion. Elements: (a) the term of the original contract of lease has expired; (b) the lessor has not given the lessee a notice to vacate; and (c) the lessee continued enjoying the thing leased for 15 days with the acquiescence of the lessor. This acquiescence may be inferred from this failure to serve a notice to quit. [Arevalo Gomez Corp. v. Lao Hian Liong, 148 SCRA 372 (1987)]. Tacking. The process whereby an individual who is in adverse possession of real property adds his or her period of pos-
session to that of a prior adverse possessor. Tacking possession. The computation of time necessary for prescription where the present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor in interest; however, this provision [under Art. 1138 of the Civ. Code] applies only where there is privity bet. the successive possessors. [Razote v. Razote, 49 Phil. 182; and Lacson v. Government, 39 Phil. 631]. Taga-tari. Tag. See Gaffer. [Sec. 4, PD 449]. Tagayan. Tag. The local term for a group drinking session where a single glass is used and each person takes his turn drinking a fixed amount of liquor from the glass. [People v. Canceran, GR 104866. Jan. 31, 1994]. Tailings. The residue of something, esp. ore. Tailings disposal system. A combination of methods, equipment and manpower used in handling, transporting, disposal or impounding mill tailings. [Sec. 4, DENR AO 95-23]. Tailor. One who makes or repairs men's outer garments, or makes cloaks, heavy-close-fitting gowns, etc., for women; usu. restricted to one who makes clothes to order. [Hashim v. Posadas, GR 24402. Feb. 19, 1926]. Compare with Clothier. Takay system. Also called the pakyaw system or sometimes referrred to as the bayanihan system.
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Takay workers. Those whose job or work to be performed is in bulk or volumes which are difficult to quantify. This is commonly practiced in the agricultural industry. See Pakyao workers. Take, or attempt to take, by intimidation. Willfully to take, or attempt to take, by putting in fear of bodily harm. [People v. Alfeche, GR 102070. July 23, 1992]. Taking. The term imports a physical dispossession of the owner, as when he is ousted from his land or relieved of his watch or his car and is thus deprived of all beneficial use and enjoyment of his property. [Cruz, Constl. Law, 1998 Ed., p. 69]. Taking advantage of official position in the commission of the offense. An aggravating circumstance that requires that the accused, as a public officer, used the influence or reputation of his position for the purpose of committing the crime. [Art. 14 (1), RPC]. Taking advantage of superior strength. Using purposely excessive force out of proportion to the means of defense available to the person attacked. [People v. Canciller, GR 97296. Mar. 4, 1992]. Taking of property for purposes of eminent domain. Elements: (a) The expropriator must enter a private property; (b) the entrance into private property must be for more than a momentary period; (c) the entry into the properly should be under warrant or color of legal authority; (d) the property must be devoted to a 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 to oust the owner and deprive him of all beneficial enjoyment of the property. [Rep. v. Vda. de Castellvi, 58 SCRA 336, 337. Aug. 15, 1974]. Talangka. Tag. Small crabs. [People v. Rejano, GR 105669-70. Oct. 18, 1994]. Talipapa. Tag. A conglomeration of vendors stalls. [Villanueva v. Castaeda, GR L-61311. Sep. 21, 1987]. Tamper. To interfere improperly or in violation of the law such as to tamper with a document. Tampered, obliterated or altered firearm. Any firearm whose serial number or other identification or ballistics characteristics have been intentionally tampered with, obliterated or altered without authority or in order to conceal its source, identity or ownership. [Sec. 3, RA 10591]. Tanggero. Tag. The person who refills the glass so the other persons present in a group drinking session locally termed as tagayan could take their turn in drinking. [People v. Canceran, GR 104866. Jan. 31, 1994]. Tangible. Discernible by the touch; palpable. Tangible assets. Assets that have a physical form. They include both fixed assets, such as machinery, buildings and land, and current assets, such as inventory. Tangible property. Anything which can be touched, including both real property and personal property [or movable property].
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Tank barge. Any tank vessel not equipped with a means of self propulsion. [Sec. 3, PD 600]. Tank vessel. Any vessel esp. constructed or converted to carry liquid bulk cargo in tanks. [Sec. 3, PD 600]. Tape printout. An adding machine-like tape containing the names of all candidates and the corresponding votes obtained per precinct directly produced by the counting machine. [Sec. 2, RA 8046]. Tarantado. Reckless. [People v. Tejada, GR L-55028. Aug. 31, 1981]. Tardiness. The failure to arrive at a time set; lack of punctuality or not arriving on time. This definition inevitably implies that an officer or employee may, in one working day, incur tardiness twice - one in the morning and another in the afternoon. [Ejercito-Domider, Ma. Teresita, CSC Res. 00-1640, July 13, 2000]. Tardy. Delaying or delayed beyond the right or expected time; late. Tari. Tag. Gaffs. [Banawa v. De Jesus, AM 1381. June 29, 1982]. Tariff. 1. A book of rates drawn usu. in alphabetical order containing the names of several kinds of merchandise with the corresponding duties to be paid for the same. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 21]. 2. The duties payable on goods imported or exported. [PD 230]. 3. The system or principle of imposing duties on the importation (or exportation) of goods. Tariff and Customs Code of 1978. PD 1464 entitled A Decree to consolidate and codify all the tariff and customs laws of the Phils. signed into law on June 11, 1978. Tariff bill. A bill filed in Congress proposing rates or duties to be imposed on imported articles. Task. A major element of work or combination of elements by means of which a specific result is achieved. [Sec. 1, Rule 1, IRR of LC]. Task workers. Those who are paid for performing specific work irrespective of the time consumed. Tax. 1. A financial obligation imposed by a state on persons, whether natural or juridical, within its jurisdiction, for property owned, income earned, business or profession engaged in, or any such activity analogous in character for raising the necessary revenues to take care of the responsibilities of government. [Rep. v. Phil. Rabbit Bus Lines, GR L-26862. Mar. 30, 1970]. 2. A sum of money imposed on incomes, sales, or property by a govt. for its support. Tax amnesty. 1. A general pardon or the intentional overlooking by the State of its authority to impose penalties on persons otherwise guilty of violation of a tax law. It partakes of an absolute waiver by the govt. of its right to collect what is due it and to give tax evaders who wish to relent a chance to start with a clean slate. [Phil. Banking Corp. (Now: Global Business Bank, Inc.) v. Comm. of Internal Revenue, GR 170574, 30 Jan. 2009]. 2. One-time authorization for taxpayers to pay delinquent taxes and thereby avoid possible prosecution. Tax avoidance. 1. The use by the taxpayer of legally permissible alternative
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tax rates or methods of assessing taxable property or income, in order to avoid or reduce tax liability. It is not punishable by law. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 59]. 2. Taking advantage of legal or arguably legal tax loopholes. Also called as Tax minimization. Compare with Tax evasion. Tax benefit rule. The recovery of bad debts previously allowed as deduction in the preceding years shall be included as part of the gross income in the year of recovery to the extent of the income tax benefit of said deduction. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 158]. Tax capitalization. The reduction in the price of the taxed object equal to the capitalized value of future taxes which the purchaser expects to be called upon to pay. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 56]. Tax Code. The common term for the Natl. Internal Revenue Code (NIRC). Tax credit. 1. The taxpayers right to deduct from the income tax due, the amount of tax he has paid to a foreign country subject to limitations. It may also refer to the amount which is allowed as a deduction of Phil. income tax. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 124]. 2. Any of the credits against taxes extended to a registered enterprise by RA 5186, to evidence which a tax credit certificate shall be issued by the BIR. [Sec. 3, RA 5186]. Tax declaration. A property record, which is a traditional assessment document maintained by the provincial, city or municipal assessors, showing, among others the market and assessed values of the property as the basis for the collection of real property tax. Also called Oja (pronounced Oha). Tax declarations. [These] are not conclusive evidence of ownership, yet, when coupled with proof of actual possession, [they] are strong evidence of ownership. [Gesmundo v. CA, GR 119870, Dec. 23, 1999]. Tax dodging. An illegal method used to reduce the amount of tax that a person or company has to pay. See Tax evasion. Tax evasion. 1. A term that connotes fraud through the use of pretenses and forbidden devices to lessen or defeat taxes. [Yutivo Sons Hardware Co. v. CA, GR L-13203. Jan. 28, 1961]. 2. The use by the taxpayer of illegal or fraudulent means to defeat or lessen the payment of a tax. It is punishable by law. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 58]. 3. The intentional misrepresentation or concealment of a person's tax obligations. Also known as Tax dodging. Compare with Tax avoidance. Tax exemption. 1. The grant of immunity to particular persons or corporations or to persons or corporations of a particular class from a tax which persons and corporations generally within the same state or taxing jurisdiction are obliged to pay. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 60]. 2. An immunity or privilege; it is freedom from a financial charge or burden to which others are subjected. [Greenfield v. Meer, 77 Phil. 394]. Tax minimization. A form of escape from taxation that refers to the use by the
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taxpayer of legally permissible methods in order to reduce tax liability. See Tax avoidance. Tax pyramiding. It occurs because goods and services that are inputs into higher stages of production are taxed multiple times as they move through the production or service chain. By comparison, a VAT taxes only the value that is added by an enterprise to the goods and services it sells, not its gross value. By avoiding pyramiding, the VAT subjects all final goods and services to the same level of taxation, thereby achieving greater neutrality and greater fairness. Tax Reform Act of 1997. RA 8424 entitled An Act amending the NIRC, as amended, and for other purposes enacted on Dec. 11, 1997. See National Internal Revenue Code. Tax statutes. Laws which impose rules and regulations related to taxation or to the creation of particular sources of revenue such as taxes, fees and charges that are needed for the support of govt. and for all public needs. [Suarez, Stat. Con., (1993), p. 91]. Tax treaty. A bilateral convention [but may be made multilateral] entered into bet. sovereign states for purposes of eliminating double taxation on income and capital, preventing fiscal evasion, promoting mutual trade and investment, and according fair and equitable tax treatment to foreign residents or nationals. [Comm. of Int. Rev. v. Procter & Gamble, GR 66838. Dec. 2, 1991]. Taxable. Subject to taxation. Taxable income. 1. The pertinent items of gross income specified in the NIRC, less the deductions and/or personal and additional exemptions, if any, authorized for such types of income by said Code or other special laws. [Sec. 31, NIRC, as amended]. 2. The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions. Taxable Net Income. The pertinent items of gross income specified in Sec. 32 of the Natl. Internal Revenue Code (NIRC) of 1997, as amended, less all allowable deductions enumerated in Sec. 34 thereof, less the dividends distributed by a Real Estate Investment Trust (REIT) out of its distributable income as of the end of the taxable year as: (a) dividends to owners of the common shares; and (b) dividends to owners of the preferred shares pursuant to their rights and limitations specified in the articles of incorporation of the REIT. [Sec. 3, RA 9856]. Taxable value. The assessed value, less any exemptions. See Assessed value. Taxable year. The calendar year, or the fiscal year ending during such calendar year, upon the basis of which the net income is computed. [Sec. 22, NIRC, as amended]. Taxation. The process or means by which the sovereign, through its lawmaking body, raises income to defray the necessary expenses of government. It is a method of apportioning the cost of govt. among those who in some measure are privileged to enjoy its benefits and must, therefore, bear its burdens. [Teodoro & De Leon, Law on Income Taxation, 11th Ed. (2001), p. 1].
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Taxes. 1. Financial burdens imposed for the purpose of raising revenues with which to defray the cost of the operation of the Government. [Board of Assessment Appeals v. CTA, 8 SCRA 225]. 2. The enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of govt. and for all public needs. [Rep. v. Phil. Rabbit Bus Lines, GR L26862. Mar. 30, 1970]. Taxpayer. 1. Any person subject to tax imposed by Title II of the NIRC, as amended. [Sec. 22, NIRC]. 2. A person who must pay a tax. Taxpayer's suit. 1. [A suit by a taxpayer who] is allowed to sue where there is a claim that public funds are illegally disbursed, or that the public money is being deflected to any improper purpose, or that there is wastage of public funds through the enforcement of an invalid or unconstitutional law. [Constantino, Jr. v. Cuisia, GR 106064, Oct. 13, 2005]. 2. Action or proceedings initiated by one or more taxpayers in their own behalf or, conjunctively, in representation of others similarly situated for the purpose of declaring illegal or unauthorized certain acts of public officials which are claimed to be injurious to their common interests as such taxpayers [Kilosbayan v. Guingona, GR 113375. May 5, 1994]. Taxpayer's suit. Requisites that must be met to prosper: (1) Public funds derived from taxation are disbursed by a political subdivision or instrumentality and in doing so, a law is violated or some irregularity is committed and (2) the petitioner is directly affected by the alleged act. [Bagatsing v. San Juan, 329 Phil. 8, 13 (1996)]. Tayador. Tag. Bettor. Teacher. All persons engaged in classroom teaching, in any level of instruction, on full-time basis, incl. guidance counselors, school librarians, industrial arts or vocational instructors, and all other persons performing supervisory and/or administrative functions in all schools, colleges and universities operated by the Govt. or its political subdivisions; but shall not include school nurses, school physicians, school dentists, and other school employees. [Sec. 2, RA 4670]. Teacher education. The pre-service education, in-service education, and graduate education of teachers, in various areas of specialization. [Sec. 2, RA 7784]. Teacher-in-charge. The one designated by the dean, principal, or other administrative superior to exercise supervision over the pupils in the specific classes or sections to which they are assigned. [Amadora v. CA, GR L-47745. Apr. 15, 1988]. Teachers. 1. All persons engaged in teaching at the elementary and secondary levels, whether on full-time or parttime basis, incl. industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and qualified to practice teaching under RA 7836. [Sec. 4, RA 7836]. 2. All persons engaged in teaching at the elementary and secondary levels, whether on a full-time or parttime basis, incl. guidance counselors, school librarians, industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the
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aforesaid levels and legally qualified to practice teaching under PD 1006. [Sec. 3, PD 1006]. Teaching. 1. The profession concerned primarily with classroom instruction, at the elementary and secondary levels in accordance with the curriculum prescribed by the DepEd, whether on parttime or full-time basis in the private or public schools. [Sec. 4, RA 7836]. 2. The profession primarily concerned with the classroom instruction, at the elementary and secondary levels, in accordance with the curriculum prescribed by Natl. Board of Education, whether on part-time or full-time basis in the public or private schools. [Sec. 3, PD 1006]. Teaching or Academic staff. All persons engaged in actual teaching and/or research assignments, either on full-time or part-time basis, in all levels of the educational system. [Sec. 6, BP 232]. Technical education. The education process designed at post-secondary and lower tertiary levels, officially recognized as non-degree programs aimed at preparing technicians, para-professionals and other categories of middle-level workers by providing them with a broad range of general education, theoretical, scientific and technological studies, and related job skills training. [Sec. 4, RA 7796]. Technical Education and Skills Development Act of 1994 or The TESDA Act of 1994. RA 7796 entitled An Act creating the Technical Education and Skills Development Authority, providing for its powers, structure and for other purposes enacted on Aug. 25, 1984. Technical Education and Skills Development Authority (TESDA). A government agency established under RA 7796, otherwise known as the "Technical Education and Skills Development Act of 1994", which was signed into law on Aug. 25, 1994, and merged the former National Manpower and Youth Council (NMYC) of the DOLE, The Bu. of Technical and Vocational Education (BTVE) of the DECS [now Dep-Ed], and The Apprenticeship Program of the Bu. of Local Employment (BLE) of the DOLE. Technical personnel of repair and service enterprise. A machine or technician or any person who works or renders diagnosis or advice in connection with repair, service and maintenance of the consumer products in a repair and service firm. [Art. 4, RA 7394]. Technical reserve. All the available funds kept in a separate account out of which claims for losses will be paid. [Sec. 3, RA 6424]. Technological assistance contracts. Contracts for: (a) the transfer, by license or otherwise, of patents, processes, formulas or other technological rights of foreign origin; and/or (b) foreign assistance concerning technical and factory management, design, planning, construction and similar matters. [Sec. 3, RA 5186]. Technology. The application of knowledge or science which shall include all others such an inventions, innovations and results of researches. [Sec. 3, RA 7459]. Technology transfer arrangements. Contracts or agreements involving the
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transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service incl. management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights, incl. licensing of computer software except computer software developed for mass market. [Sec. 4, RA 8293]. Technology-based. Utilization of technology. [Sec. 4, RA 8435]. Telecommunication. Communication over a distance by cable, telegraph, telephone, or broadcasting. Telecommunication apparatus. Any apparatus constructed or adapted for use in transmitting or receiving anything conveyed by a telecommunication system and includes any telecommunication line used in telecommunication system. [Sec. 2, RA 7678]. Telecommunication line. Any wire, cable, tube, pipe, conduit or other similar things, incl. its casing or coating, which is so designated or adapted to be a telecommunication apparatus. [Sec. 2, RA 7678; Sec. 2, RA 7617]. Telecommunication message. 1. Anything conveyed by means of telecommunication system. [Sec. 2, RA 7678]. 2. Voice, data, images and anything conveyed through a telecommunications system. [Sec. 2, RA 7617]. Telecommunications apparatus. Any device or equipment manufactured or adopted for use in transmitting or receiving anything conveyed by a telecommunications system, and includes any telecommunications lines. [Sec. 2, RA 7617]. Telecommunications service. A service consisting of the conveyance by means of a telecommunication system of any telecommunication message and includes a directory information service and installation, maintenance, adjustment, repair, movement, or replacement of telecommunication apparatus, excluding the broadcasting of any telecommunication message, the purpose of which is to advertise any product or service other than the use of the telecommunication service itself. [Sec. 2, RA 7678; Sec. 2, RA 7617]. Telecommunications system. 1. A facility for conveyance through the agency of the electric, magnetic, electromagnetic, electrochemical or electromechanical energy of speech, music and other sounds, visual images and signal serving either for the importation of any matter or for the actuation or control of machinery or apparatus. [Sec. 2, RA 7678]. 2. The combination of hardware and software for the conveyance, through the agency of electric, magnetic, electromagnetic, electrochemical or electromechanical energy of speech and other sounds, visual images, data or signals. [Sec. 2, RA 7617]. Telecommuting. A work arrangement in which the employee works outside the office, often working from home or at a location close to home. See Teleworkimg. Telephone service. A telecommunication service consisting of the conveyance of voice and non-voice telecommunication messages and data incl., but not limited to video transmission, telefax, teleconferencing, television, and the like. [Sec. 2, RA 7678; Sec. 2, RA 7617].
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Television broadcast. Public showing by transmitting sound or images by television or similar equipment, incl. cable television, and other limited audience distribution. [Sec. 10, PD 1986]. Telework. [This] occurs when information and communications technologies [telephone, fax, or internet] are applied to enable work to be done at a distance from the place where the work results are needed or where the work would conventionally have been done. Teleworker. [A worker who] is different from a home worker as he/she has greater control over his/her skills, and means of production and labor. Teleworking. An arrangement where an employee [teleworker] is allowed to work at home. Also Telecommuting. Temperate. Moderate or reasonable. Temperate or Moderate damages. 1. These are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty. [Art. 2224, CC]. 2. Such damages as are reasonable compensation for injury. They are more than nominal damages but less than compensatory damages. [Torres, Oblig. & Cont., 2000 Ed., p. 334]. Temperature. The degree of warmth or coldness. Temples of justice. [The] courts. [As described in SC Admin. Circ. 1-99, Jan. 15, 1999]. Temporal region. The flat part outside of the head above the cheek bones. Temporalities. Estates and properties not used exclusively for religious worship. Property of every corporation sole held in trust for the use, purpose, behoof and benefit of the religious society, or order so incorporated or of the church to which the diocese, synod, or district organization is an organized and constituent part. [Roman Catholic Apostolic Administrator Of Davao v. Land Registration Commission, GR L-8451. Dec. 20, 1957]. Temporary. Lasting for only a limited period of time; not permanent. Temporary appointment. Civ. Serv. 1. An appointment that does not give the appointee any definite tenure of office but makes it dependent upon the pleasure of the appointing power. [Romualdez v. CSC, 197 SCRA 168]. 2. An appointment where the appointee meets all the requirements for the position except only the appropriate civil service eligibility. [Amores v. CSC, GR 170093, Apr. 29, 2009]. Compare with Permanent appointment. Temporary Protection Order (TPO). 1. The protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in RA 9262 and shall be effective for 30 days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of
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law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO. [Sec. 15, RA 9262]. 2. The Order issued by the court, justice or judge, upon motion or motu proprio, that the petitioner or the aggrieved party and any member of the immediate family be protected in a govt. agency or by an accredited person or private institution capable of keeping and securing their safety. [Rule on the Writ of Amparo, Sec. 14, AM 07-9-12-SC, Oct. 24, 2007]. Compare with Inspection Order, Production Order and Witness Protection Order. Temporary relief. Rem. Law. Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court. Temporary restraining order (TRO). Rem. Law. An emergency remedy of brief duration issued by a court only in exceptional circumstances, usu. when immediate or irreparable damages or loss might result before the opposition could take action. Temporary special measures. A variety of legislative, executive, administrative, and regulatory instruments, policies, and practices aimed at accelerating this de facto equality of women in specific areas. These measures shall not be considered discriminatory but shall in no way entail as a consequence the maintenance of unequal or separate standards. They shall be discontinued when their objectives have been achieved. [Sec. 4, RA 9710]. Temporary statute. A statute whose life or duration is fixed for a specified period of time at the moment of its enactment, and continues in force, unless sooner repealed, until the expiration of the time fixed for its duration. E.g.: PD 851 granting 13th month pay. [Suarez, Stat. Con., (1993), p. 96]. Compare with Permanent statute. Temporary total disability. 1. The injury or sickness resulting in the employees inability to perform any gainful occupation for a continuous period not exceeding 120 days, except as otherwise provided for in Rule X of the Implementing Rules of Book V of the LC. [Sec. 2, Rule VII, Implementing Rules of Book V of the LC]. 2. It accrues or arises when the impaired physical and/or mental faculties can be rehabilitated and/or restored to their normal functions. [Sec. 2, PD 1146]. Compare with Permanent total disability. Temporo. The area at or near the temple. Tenancy. 1. A situation that arises when one individual conveys real property to another individual by way of a lease. 2. The relation of an individual to the land he or she holds that designates the extent of that person's estate in real property. 3. The occupancy or possession of land or premises by lease. Tenancy. Elements: 1) The parties are the landowner and the tenant or agricultural lessee; 2) the subject matter of the relationship is an agricultural land; 3) there is consent bet. the parties to the relationship; 4) the purpose of the relationship is to bring about agricultural production; 5) there is personal cultivation on the part of the tenant or agricultural lessee; and 6) the harvest is shared bet. landowner and tenant or agricultural lessee. [Tanenglian v. Lorenzo, GR 173415, Mar. 28, 2008].
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Tenant Emancipation Decree. PD 27 entitled Decreeing the emancipation of tenants from the bondage of the soil, transferring to them the ownership of the land they till and providing the instruments and mechanism therefor signed into law on Oct. 21, 1972. Tenancy Emancipation Decree. PD 27 and its companion, PD 266. [Pagtalunan v. Tamayo, GR 54281. Mar. 19, 1990]. Tenancy relationship. A juridical tie which arises bet. a landlord and a tenant once they agree, expressly or impliedly, to undertake jointly the cultivation of land belonging to the former, either under the share tenancy or leasehold tenancy system, as a result of which relationship the tenant acquires the right to continue working on and cultivating the land, until and unless he is dispossessed of his holdings for any of the just causes enumerated in Sec. 50 or the relationship us terminated in accordance with Sec. 9 [of RA 1199]. [Sec. 6, RA 1199]. Tenancy relationship. Requisites: (a) The parties are the landowner and the tenant; (b) the subject is agricultural land; (c) there is consent; (d) the purpose is agricultural production; (e) there is personal cultivation; and (f) there is sharing of harvests. [Baranda v. Baguio, 189 SCRA 194 (1990)]. Tenant. 1. The rightful occupant of land and its structures, but does not include those whose presence on the land is merely tolerated and without the benefit of contract, those who enter the land by force or deceit, or those whose possession is under litigation. [Sec. 3, PD 1517]. 2. A person who, 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, sharing the produce with the landholder under the share tenancy system, or paying to the landholder a price certain or ascertainable in produce or in money or both, under the leasehold tenancy system. [Sec. 5, RA 1199]. 3. A person to whom a landlord grants temporary and exclusive use of land or a part of a building, usu. in exchange for rent. The contract for this type of legal arrangement is called a lease. The word "tenant" originated under the feudal system, referring to land "owners" who held their land on tenure granted by a lord. Tenant-farmer. 1. One who cultivates another's land under a sharing or leasehold agreement. [Sec. 3, RA 10000]. 2. Under PD 946, the actual tiller who personally works the land, as well as those who actually till the land and have gained the status of tenants. Tenant-lessee. Any person who, with the consent of the former, tills, cultivates or operates said land, susceptible of cultivation by one individual, personally or with the aid of labor available from among his own immediate farm household. [Sec. 42, RA 1199]. See Landholder-lessor. Tenants in common. Similar to Joint tenants. Tenants who share equal property rights except that, upon the death of a tenant in common, that share does not go to the surviving tenants but is transferred to the estate of the deceased tenant. Unity of possession but distinct titles.
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Tenants Emancipation Act. PD 27 entitled Decreeing the emancipation of tenants from the bondage of the soil, transferring to them the ownership of the land they till and providing the instruments and mechanism therefor signed into law on Oct. 21, 1972. Tender. 1. Synonymous with proposal, bid or the quotation for supplies or property offered. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 2. An unconditional offer of a party to a contract to perform his part of the bargain. For example, if the contract is a loan contract, a tender would be an act of the debtor where he produces the amount owing and offers to the creditor. In real property law, when a party suspects that the other may be preparing to renege, he can write a tender in which he unequivocally re-asserts his intention to respect the contract and tender his end of the bargain; either by paying the purchase or delivering the title. Tender of excluded evidence. If documents or things offered in evidence are excluded by the court, the offeror may have the same attached to or made part of the record. If the evidence excluded is oral, the offer or may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony. [Sec. 40, Rule 132, RoC]. Tender of payment. 1. The manifestation by the debtor to the creditor of his desire to comply with his obligation, with the offer of immediate performance. [Tolentino, Civ. Code of the Phils., Vol. IV (1985)]. 2. It involves a positive and unconditional act by the obligor of offering legal tender currency as payment to the obligee for the former's obligation and demanding that the latter accept the same. [Roman Cath. Bishop of Malolos v. IAC, GR 72110. Nov. 16, 1990]. Tenement. Property that could be subject to tenure under English land law; usu. land, buildings or apartments. The word is rarely used nowadays except to refer to dominant or servient tenements when qualifying easement. Tenement house. 1. A building or portion thereof which is leased or sold to an occupied as residence by 4 or more families doing their cooking within the premises but living independently of one another although having a common right in the use of halls, stairways, terraces, verandas, toilets, and baths. [Sec. 63, PD 856]. 2. Any house or building, or portion thereof, which is rented, leased, or hired out to be occupied, or is occupied, as the home or residence of 3 families or more living independently of each other and doing their cooking in the premises, or by more than 2 families upon any floor, so living and cooking, but having a common right in the halls, stairways, yards, water-closets, or privies, or some of them. [City of Iloilo v. Villanueva, L-12695, Mar. 23, 1959]. Tentative de violacion. Sp. Attempted rape. [US v. Mendez, GR L-6483. Mar. 11, 1911]. Tenure. 1. Admin. Law. It represents the term during which the incumbent actually holds office. [Gaminde v. COA, GR 140335. Dec. 13, 2000]. 2. Prop. A right of holding or occupying land or a position for a certain amount of time. The term was 1st used in the English feudal land system, whereby all land belonged to the king but was lent out to lords for a certain period of time; the lord never
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owning, but having tenure in the land. Used in modern law mostly to refer to a position a person occupies such as in the expression "a judge holds tenure for life and on good behavior." Compare with Term. Tenured migrant communities. Communities within protected areas which have actually and continuously occupied such areas for 5 years before the designation of the same as protected areas in accordance with RA 7586 and are solely dependent therein for subsistence. [Sec. 4, RA 7586]. Terceria. Civ. Pro. A 3rd party claim. The remedy accorded under Sec. 7, Rule 60 of the Rules of Court to any person, other than the defendant or his agent, whose property is seized pursuant to the writ of delivery. [La Tondea Distillers v. CA, GR 88938. June 8, 1992]. Term. Admin. Law. A fixed and definite period of time which the law describes that an officer may hold an office. [Aparri v. CA, GR L-30057. Jan. 31, 1984]. Compare with Tenure. Term. Civ. Law. That which necessarily must come whether the parties know when it will happen or not. Term of office. Admin. Law. 1. The time during which the officer may claim to hold office as of right, and fixes the interval after which the several incumbents shall succeed one another. [Gaminde v. COA, GR 140335, Dec. 13, 2000]. 2. The period during which an elected officer or appointee is entitled to hold office, perform its functions and enjoy its privileges and emoluments. [Francisco v. Men Abad, GR L-3692728. Apr. 15, 1974, 3rd Ed., pp. 1558, 1717]. 3. The period during which an office may be held. Upon the expiration of the officer's term, unless he is authorized by law to hold over, his rights, duties and authority as a public officer must ipso facto cease. [Aparri v. CA, GR L-30057. Jan. 31, 1984]. Term of office of union officials. Labor. The tenure of office of elected officials of a labor organization which is for a fixed period of 5 years. [Sec. 1, Rule 1, Book 5, IRR of LC]. Terminable. Coming to an end after a certain time. Terminable marriage. A marriage conditioned on the reappearance of the absent spouse. It does not refer to Arts. 35 to 38 of the Family Code. Terminal. 1. N. A station at the end of a transportation line or at a major junction on a transportation line. 2. Adj. Of, at, relating to, or forming a limit, boundary, extremity, or end. Terminal facility. The seaport and its facilities of wharves, piers, slips, docks, dry docks, bulkheads, basins, warehouses, cold storage, and loading or unloading equipment. [Sec. 3, PD 857]. Terminal fees. All charges for parking at or near the ramp, terminal area or building for purposes of loading or unloading passengers and/or cargo. [Sec. 3, RA 9497; Sec. 3, RA 224]. Terminal leave. Leave applied for by an officer or employee who retires, resigns or is separated from the service through no fault of his own. [Manual on Leave Administration Course for Effectiveness, published by the CSC, p. 16].
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Terminal leave pay. The cash value of the accumulated leave credits of an officer or employee who has already severed his connection with his employer and who is no longer working. It is no longer compensation for services rendered. It can not be viewed as salary. [In Re: Zialcita, AM 90-6-015-SC. Oct. 18, 1990]. Terminate. To put an end to, to make to cease or to end. It connotes finality. [Caballero v. alfonso, Jr., GR L-45647. Aug. 21, 1987]. Termination. Labor. The term is used to denote dismissal or lay-off. [Poquiz, Labor Rel. Law, 1999 Ed. p. 22]. Termination dispute. Labor. A labor dispute arising from the termination of employment of a worker who thereafter contests the validity or legality of his dismissal by filing a complaint with the regional branch of the Natl. Labor Relations Commission. The burden of proving that the termination was for a valid or authorized cause shall rest on the employer. [per Sec. 33, RA 6715]. Termination pay. Labor. The pay to which an employee shall be entitled equivalent to at least one month's salary for every year of service, a fraction of at least 6 months being considered as one whole year, in case of termination of his employment due to the installation of laborsaving devices or redundancy. [per Sec. 9, LC]. Termination Pay Law. RA 1052, as amended. [Expressly repealed by the Labor Code]. Terms and conditions. Other requirements not affecting the technical specifications and requirements of the supplies or property desired such as bonding, terms of delivery and payment, and related preferences. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Terra nullius. Lat. Land belonging to no one. 1. Territory not belonging to any state. [Sandoval, Pol. Law Reviewer 2003]. 2. Unoccupied land. Terreno inculto. Sp. Uncultivated land. Terrestrial. Of, on, or relating to the earth. Terrestrial domain. Also Land domain. Intl. Law. The land mass on which the people live. It may be integrate, as in the case of Iran, or dismembered, as in the case of the US, or may be partly bounded by water like Burma, or completely surrounded like Iceland, or may consist of several islands like the Phil. archipelago. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 61]. Territorial. Of or relating to the ownership of an area of land or sea. Territorial power and jurisdiction. Pol. Law. The power and jurisdiction of the state over persons and things within its territory. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 30]. Territorial sea. 1. Intl. Law. An adjacent belt of sea with a breadth of 12 nautical miles measured from the baselines of a state and over which the state has sovereignty. Ship of all states enjoy the right of innocent passage through the territorial sea. (Arts. 2, 3 and 14, UNCLOS]. 2. The waters adjacent to a coastal state and extending seaward up to a limit not to exceed 12 miles from its baselines in which that state exercises complete sovereignty with the excep-
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tions of innocent passage and transit passage. Territorial sea of the Philippines. All the waters beyond the outermost islands of the Phil. archipelago but within the limits of its boundaries. [Preambulatory clause, RA 3046, as amended]. Territorial sovereignty. Intl. Law. The right of a govt. to exclusively exercise its powers within a particular territory. Territoriality. A characteristic of criminal law where the law is considered applicable to all crimes committed within the limits of Phil. territory, which includes its atmosphere, interior waters and maritime zone. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed.]. Territoriality principle. Intl. Law. Doctrine that a court has criminal jurisdiction if the offense was committed within the forum state. Territory. The fixed portion on the surface of the earth on which the state settles and over which it has supreme authority. [Sandoval, Pol. Law Reviewer 2003]. Terror. Extreme fear; the use of such fear to intimidate people, esp. for political reasons. Terrorism. An act punishable under any of the following provisions of the Rev. Penal Code: a. Art. 122 (Piracy in General and Mutiny in the High Seas or in the Phil. Waters); b. Art. 134 (Rebellion or Insurrection); c. Art. 134-a (Coup d' Etat), incl. acts committed by private persons; d. Art. 248 (Murder); e. Art. 267 (Kidnapping and Serious Illegal Detention); f. Art. 324 (Crimes Involving Destruction), or under 1. PD 1613 (The Law on Arson); 2. RA 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990); 3. RA 5207, (Atomic Energy Regulatory and Liability Act of 1968); 4. RA 6235 (Anti-Hijacking Law); 5. PD 532 (Anti-Piracy and AntiHighway Robbery Law of 1974); and, 6. PD 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives) [which results in] sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the govt. to give in to an unlawful demand. [Sec. 3, RA 9372]. Terrorist. 1. Any natural person who: (1) commits, or attempts, or conspires to commit terrorist acts by any means, directly or indirectly, unlawfully and willfully; (2) participates, as a principal or as an accomplice, in terrorist acts; (3) organizes or directs others to commit terrorist acts; or (4) contributes to the commission of terrorist acts by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act. [Sec. 3, RA 10168]. 2. Any person who commits an act of terrorism as defined in Sec. 3 of RA 9372 thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the govt. to give in to an unlawful demand. [Sec. 3, RA 9372]. Terrorist acts. (1) Any act in violation of Sec. 3 or Sec. 4 of the Human Security Act of 2007; (2) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a
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situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act; (3) Any act which constitutes an offense under RA 10168, that is within the scope of any of the treaties of which the Rep. of the Phils. is a State party. [Sec. 3, RA 10168]. Terrorist organization, association or a group of persons. Any entity owned or controlled by any terrorist or group of terrorists that: (1) commits, or attempts to commit, terrorist acts by any means, directly or indirectly, unlawfully and willfully; (2) participates as an accomplice in terrorist acts; (3) organizes or directs others to commit terrorist acts; or (4) contributes to the commission of terrorist acts by a group of persons acting with common purpose of furthering the terrorist act where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act. [Sec. 3, RA 10168]. Terry search. Also known as "Stop and frisk" [which] is a "limited protective search of outer clothing for weapons." While probable cause is not required to conduct a "stop and frisk," mere suspicion or a hunch will not invalidate it. [Malacat v. CA, GR 123595, Dec. 12, 1997; People v. Escano, GR 129756-58, Jan. 28, 2000]. Terry search doctrine. This refers to a case where a police officer approaches a person who is acting suspiciously, for purposes of investigating possibly criminal behavior in line with the general interest of effective crime prevention and detection. To assure himself that the person with whom he is dealing is not armed with a weapon that could unexpectedly and fatally be used against him, he could validly conduct a carefully limited search of the outer clothing of such person to discover weapons which might be used to assault him. [People v. Canton, GR 148825, Dec. 27, 2002]. Tertiary education. Post secondary schooling is higher education leading to a degree in a specific profession or discipline. [Sec. 20, BP 232]. TESDA. See Technical Education and Skills Development Authority. Test of presence. Succ. Not whether [the parties] actually saw each other sign [the will], but whether they might have seen each other sign had they chosen to do so considering their mental and physical condition and position with relation to each other at the moment of inscription of each signature. [Jaboneta v. Gustilo, 5 Phil. 541]. Testament. A person's will, esp. the part relating to personal property. Testamentary. Of, relating to, or bequeathed or appointed through a will. Testamentary capacity. Succ. 1. The capacity to comprehend the nature of the transaction in which the testator is engaged at the time, to recollect the property to be disposed of and the persons who would naturally be supposed to have claims upon the testator, and to comprehend the manner in which the instrument will distribute his property among the objects of his bounty. [Bugnao v. Ubag (1909), 14 Phil., 163; Bagtas v. Paguio (1912), 22 Phil., 227;
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and Jocson v. Jocson (1922), 46 Phil., 701]. 2. The legal ability to make a will. Testamentary succession. Succession which results from the designation of an heir, made in a will executed in the form prescribed by law. [Art. 779, CC]. Compare with Legal or intestate succession. Testamentary trust. 1. A trust set up by a will. 2. A trust which is to take effect only upon the death of the settlor and is commonly found as part of a will. Trusts which take effect during the life of the settlor are called inter vivos trusts. Testate. Having made a valid will before one dies. Testate estate. An estate of a deceased person which is settled or to be settled with the last will and testament of that deceased person called the testator. [Bench Book for Trial Court Judges, p. 3-1]. Compare with Intestate estate. Testator. 1. The term applied to the person whose property is transmitted through succession, if he left a will. Regardless of whether or not he left a will, he is also generally called the decedent. [Art. 775, CC]. 2. Person who makes a will. Female: Testatrix. Testimonial. A statement in support of a particular truth, fact, or claim. Testimonial compulsion. Evid. 1. Extraction of admission from the person's own lips. [Material Distributors, Inc. v. Natividad, GR L-1716. June 28, 1949]. 2. Compulsory oral examination of prisoners before trial, or upon trial, for the purpose of extorting unwilling confessions or declarations implicating them in the commission of a crime. [US v. Tan Teng, GR 7081. Sep. 7, 1912]. Testimonial evidence. Verbal or oral evidence. Evidence which consists of the narration or deposition by one who has observed or has personal knowledge of that to which he is testifying. Compare with Documentary evidence. Testimony. 1. The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence. 2. The verbal presentation of a witness in a judicial proceeding. Textual approach. To interpret the text of a treaty acc. to the clear and ordinary meaning of its words. Thalamus. The diencephalons which involves the forebrain. Theater of war. Intl. Law. The place where hostilities are actually conducted as distinguished from the region of war. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 138]. Theater ticket. A theater ticket has been described to be either a mere license, revocable at the will of the proprietor of the theater or it may be evidence of a contract whereby, for a valuable consideration, the purchaser has acquired the right to enter the theater and observe the performance on condition that he behaves properly. [Balacuit v. CFI of Agusan del Norte, GR L-38429. June 30, 1988]. Theatrical distribution. Public showing and/or exhibition in any cinema or theater or in any other place of motion pictures imposing admission fees on persons for entertainment, education, in-
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formation and advertising. [Sec. 10, PD 1986]. See Non-theatrical distribution. Theft. Crim. Law. 1. The felony committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. It is likewise committed by: (a) Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner; (b) Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and (c) Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm products. [Art. 308, RPC]. 2. Taking of the thing to be appropriated into the physical power of the thief, which idea is qualified by other conditions, such as that taking must be effected animo lucrandi and without the consent of the owner. [People v. Avila, GR 19786. Mar. 31, 1923]. Theft. Crim. Law. Elements essential to constitute the crime: (a) the taking of personal property; (b) that the property belongs to another; (c) that the taking was done with intent of gain; (d) that it was done without the consent of the owner, and (e) that it was accomplished without violence or intimidation of persons nor force upon things [People v. Rodrigo, L-18507, Mar. 31, 1966]. Theft clause. Ins. A clause which includes theft as among the risks insured against. Theft of minerals. Crim. Law. The crime committed by any person who, without a mining lease or a temporary permit or any other permit granted by the Secretary or the Director under existing mining decrees, laws, and regulations to mine, shall extract, remove and/or dispose of minerals belonging to the Government or from a mining claim or claims leased, held or owned by other persons, shall be deemed to have stolen the ores or the products thereof from the mines or mills. [Sec. 78, PD 463, as amended by Sec. 23, PD 1385]. Theft of minerals. Crim. Law. Elements: (a) The accused extracted, removed and/or disposed of minerals; (b) these minerals belong to the Govt. or have been taken from a mining claim or claims leased, held or owned by other persons; and (c) the accused did not possess a mining lease or a temporary permit or any other permit to mine granted by the DENR Sec. or the Dir. of Mines under existing mining decrees, laws and regulations. [Sec. 78, PD 463, as amended by Sec. 23, PD 1385]. Theoretical. Concerned with or involving the theory of a subject or area of study rather than its practical application. Theoretical justice. A tax system based on the taxpayers ability to pay; it must be progressive. Theory. A set of principles on which the practice of an activity is based. Theory of cognition. See Cognition theory. Theory of concurrent proximate cause. Where 2 separate acts of negligence combine to cause an injury to a 3rd par-
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ty, each actor is liable. See Concurrent proximate cause theory. Theory of manifestation. A legal theory recognizing an injury as an insurable loss when injury is manifested to an injured. See Manifestation theory. Thermal. Of or relating to heat. Thermal weapon sight. A battery operated, uncooled thermal imaging device which amplifies available thermal signatures so that the viewed scene becomes clear to the operator which is used to locate and engage targets during daylight and from low light to total darkness and operates in adverse conditions such as light rain, light snow, and dry smoke or in conjunction with other optical and red dot sights. [Sec. 3, RA 10591]. Third group doctrine. The doctrine to the effect that the right of the owner of the shares of stock of a Phil. Corp. to transfer the same by delivery of the certificate, whether it be regarded as statutory on common law right, is limited and restricted by the express provision that "no transfer, however, shall be valid, except as bet. the parties, until the transfer is entered and noted upon the books of the corporation." [Uson v. Diosomito, GR L-42135, June 17, 1935]. Third party. 1. A person or group besides the 2 primarily involved in a situation, esp. a dispute. 2. Ins. Any person other than a passenger as defined in Sec. 373 of the Ins. Code and shall also exclude a member of the household, or a member of the family within the 2nd degree of consanguinity or affinity, of a motor vehicle owner or land transportation operator, as likewise defined herein, or his employee in respect of death, bodily injury, or damage to property arising out of and in the course of employment. [Sec. 373, IC, as amended by PD 1814 and 1981]. Third (4th, etc.) party complaint. Civ. Pro. 1. A claim that a defending party may, with leave of court, file against a person not a party to the action, called the 3rd [4th, etc.] defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponents claim. [Sec. 11, Rule 6, RoC]. 2. A petition filed by a defendant against a 3rd [4th, etc.] party (not presently a party to the suit) which alleges that the 3rd [4th, etc.] party is liable for all or part of the damages plaintiff may win from defendant. Third level (positions). Civ. Serv. Positions in the CES as enumerated in the Admin. Code of 1987 and those identified by the CESB as of equivalent rank, all of whom are appointed by the Pres. of the Phils. [Natl. Transmission Corp. v. Hamoy, Jr., GR 179255. Apr. 2, 2009]. Third party certification or Independent certification. When the firm requires that its supplies meet a certain standard and requests an independent organization that is not involved in the business relationship to control the compliance of the suppliers. [Sec. 3, RA 10068]. Third party Liability (TPL). A personal liability coverage that protects the customer from damages they incur due to the wrongful acts of others when the liable person is uninsured or underinsured. See Compulsory Motor Vehicle Liability Insurance.
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Third-party liability insurance. An insurance policy that covers an insured if his/her car injures someone else or damages property and he/she is held legally responsible. Third person. 1. Anyone who is not a coowner, within the meaning of Art. 1620 of the of the Civ. Code [on the right of legal redemption of a co-owner]. [Basa v. Aguilar, L-30994, Sep. 30, 1982; Villanueva v. Florendo, L-33150, Oct. 17, 1985]. 2. One who has not taken part in the act or contract recorded. [Barrios v. Dolo, GR 559. Mar. 14, 1903]. Third reading of a bill. The reading of the bill in the form as approved on 2nd reading and takes place only after printed copies thereof in its final form have been distributed to the Members [of Congress] at least 3 days before, unless the bill is certified [as urgent by the Chief Exec.]. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. Thirteenth month pay. One-twelfth (1/12) of the basic salary of an employee within a calendar year. [Sec. 2, PD 851]. Thirteenth Month Pay Law. PD 851 entitled Requiring all employers to pay their employees a 13th month pay signed into law on Dec. 16, 1975. Thoraco-abdominal region. Belly. Threat. A declaration of an intention or determination to injure another by the commission upon his person, honor or property or upon that of his family of some wrong which may or may not amount to a crime. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., pp. 685686]. (13th) Threat of serious injury. Serious injury that is imminent. [Sec. 4, RA 8800]. Threatened. Having an uncertain chance of continued survival. Threatened species. A general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction. [Sec. 5, RA 9147]. Threatening to publish and offer to prevent such publication for a compensation. Crim. Law. The felony committed by any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration. [Art. 356, RPC]. Three-day notice rule. Civ. Pro. The rule that the notice of the hearing of every written motion required to be heard shall be served in such a manner as to ensure its receipt by the other party at least 3 days before the date of the hearing, unless the court for good cause sets the hearing on shorter notice. [Sec. 4, Rule 15, RoC]. Three-fold or Threefold rule. Crim. Law. 1. [The rule that] the maximum duration of the convicts sentence shall not be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty shall be inflicted after the sum of those imposed equals the said maximum period. Such maximum penalty shall in no case exceed 40 years. [From Art. 70, RPC]. 2. The rule that the max-
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imum duration of the sentence should not be more than 3 times the most severe penalty. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 277]. Thrift banks. Savings and mortgage banks, private development banks, and stock savings and loans associations organized under existing laws, and any banking corporation that may be organized for the purposes enumerated under Sec. 3 of RA 7906. Thrift Banks Act of 1995. RA 7906 entitled An Act providing for the regulation of the organization and operations of thrift banks, and for other purposes enacted on Feb. 23, 1995. Tibihon. Tag. A person suffering from tuberculosis. [Gonzales v. Arcilla, GR 27923. Nov. 18, 1991]. Timber. Major product of forest; the standing tree. 2. Any piece of wood having an average diameter of at least 15 centimeters and at 1.5 meters long, except all mangrove species which in all cases, shall be considered as timber regardless of size. [Sec. 1.11, DENR Order 80, 28 Dec. 1987, s. of 1987] Timber land. Also Forest land. A classification of lands of the public domain in the Consti. [Sec. 3, Art. XII of the 1987 Consti.]. It is not descriptive of what appears on the land but is a legal status, a classification for legal purposes. [Rep. v. CA, GR L-56948. Sep. 30, 1987]. Compare with Forest. Timber License Agreement (TLA). Envi Law. An instrument by which the State regulates the utilization and disposition of forest resources to the end that public welfare is promoted. [It] is not a contract within the purview of the due process clause; it is only a license or privilege, which can be validly withdrawn whenever dictated by public interest or public welfare as in this case. Timberland. Lands of the public domain which have been the subject of the present system of land classification and determined to be needed for forest purposes. Eventually, these lands will be proclaimed as forest reserves by the Pres. Time allowance for good conduct. See Good conduct time allowance. Time bar. See time-bar. Time charter. Mar. Law. A contract to use a vessel for a particular period of time, the charterer obtaining the right to direct the movements of the vessel during the chartering period, although the owner retains possession and control. [Maritime Agencies & Services, Inc. v. CA, GR 77638. July 12, 1990]. Time immemorial. A period of time when as far back as memory can go, certain Indigenous Cultural Communities or Indigenous Peoples (ICCs or IPs) are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions. [Sec. 4, RA 8371]. Time limitations. A common law term [also known as Time-bars] referring to periods of time, prescribed by statutes [statutes of limitation] or international conventions, the expiry of which results in the loss of the right to sue to enforce
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a claim or right. Although the common law traditionally viewed most time limitations as procedural and therefore subject to the lex fori, they are increasingly understood as substantive, and thus governed by the law applicable to the underlying contract or tort. See also Prescription. Time of taking. Agrarian Law. The time when the landowner was deprived of the use and benefit of his property, such as when title is transferred to the Rep. [Land Bank of the Phils. V. Livioco, GR 170685, Sept. 22, 2010]. Time price differential. The amount added to the cash price of an article when the sale is on credit. It is not interest within the meaning of the Usury Law. [Emata v. IAC, GR 72714. June 29, 1989]. Time-bar. Crim. Pro. Under Sec. 8, Rule 117 [of the Rules of Court, it] is akin to a special procedural limitation qualifying the right of the State to prosecute making the time-bar an essence of the given right or as an inherent part thereof, so that the lapse of the time-bar operates to extinguish the right of the State to prosecute the accused. 2. It is but a limitation of the right of the State to revive a criminal case against the accused after the Information had been filed but subsequently provisionally dismissed with the express consent of the accused. Upon the lapse of the timeline under the new rule, the State is presumed, albeit disputably, to have abandoned or waived its right to revive the case and prosecute the accused. The dismissal becomes ipso facto permanent. He can no longer be charged anew for the same crime or another crime necessarily included therein. [People v. Lacson, GR 149453, Apr. 1, 2003]. Time-rate workers. Labor. Those paid on the basis of a time unit of work such as an hour, a day or a month. Tirahin. Tag. A popular expression specially among the criminal element which means to go after or do something to someone, or even to kill him. [People v. Cruz, GR L-8776. May 19, 1958]. Tire adjustment allowance. The credit allowed to a customer by a tire manufacturer when the buyer of a tire finds some defect in it, that is, upon the return of the tire, he is credited with the cost of the tire less the value of the service it has rendered to him. Thus, when the customer purchases a new tire, he is given a discount equivalent to the adjustment credit on his defective tire. Title. 1. Stat. Con. That part of the statute which gives a general statement of, and calls attention to, the subject matter of an Act, so that legislators and the public may be appraised of the subject matter of the legislation, and be put upon inquiry in regard thereto. [Suarez, Stat. Con., (1993), p. 43]. 2. Prop. Legal ownership of property. Title of the action. The part of a pleading that indicates the names of the parties who shall all be named in the original complaint or petition. [Sec. 1, Rule 7, Roc]. Titular sovereignty. Sovereignty fictitiously vested in a ruler who personifies the power and majesty of the state and in whose govt. is conducted. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, p. 36]. Titulo. Sp. Title.
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Titulo colorado. Sp. Such title where, although there was a mode of transferring ownership, still something is wrong because the grantor is not the owner. [De Jesus v. CA, GR 57092. Jan. 21, 1993]. Titulo de abogado. Sp. Title of Attorney. The term means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto. The English equivalent of Abogado is lawyer or attorney-at-law. [Ma. Cui v. Ma. Cui, GR L-18727. Aug. 31, 1964]. Titulo de compra. Sp. 1. Title by purchase. [Dir. of Forestry v. Muoz, GR L25459. 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) composicion con el estado or adjustment title; (4) informacion posesoria or possessory information title. [Sec. Of DENR v. Mayor Yap, GR 167707, Oct. 8, 2008]. Titulo gratuito. Sp. Gratuitous title. [Dir. of Forestry v. Muoz, GR L-25459. June 28, 1968]. Titulo lucrativo. Sp. Gratuitous title. The fact that comes from an act of liberality, as the donation the legacy without reciprocal switching. See Gratuitous title. Titulo real. Sp. 1. Royal 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) concesion especial or special 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]. Titulo verdadero y valido. Sp. True and valid title. Such title which by itself is sufficient to transfer ownership without necessity of letting the prescriptive period elapse. [De Jesus v. CA, GR 57092. Jan. 21, 1993]. TLA. See Timber License Agreement. To be heard. [It] does not mean verbal argumentation alone inasmuch as one may be heard just as effectively through written explanations, submissions or pleadings. [Rizal Commercial Banking Corp. v. Comm.of Int. Rev., GR 168498, 16 June 2006]. Tobacco. 1. Agricultural components derived from the tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products. [Sec. 4, RA 9211]. 2. Locally grown Virginia type tobacco, excluding those that are re-dried, threshed or blended. [Sec. 3, PD 1481]. Tobacco advertising. Any messages and images promoting smoking; the purchase or use of cigarette or tobacco trademarks brand names, design and manufacturer's names. [Sec. 4, RA 9211]. Tobacco distributor. Any person to whom a tobacco product is delivered or sold for purposes of distribution in commerce, except that such terms does not include a manufacturer or retailer or
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common carrier of such product. [Sec. 4, RA 9211]. Tobacco grower. Any person who plants tobacco before the enactment of RA 9211 and classified as such by the Natl. Tobacco Administration (NTA). [Sec. 4, RA 9211]. Tobacco inspection fees. Natl. Internal Revenue taxes levied and collected for purposes of regulation and control and also as a source of revenue. [La Suerte Cigar and Cigarette Factory v. CTA, GR L-36130. Jan. 17, 1985]. Tobacco products. Any product that consists of loose tobacco that contains nicotine and is intended for use in a cigarette, incl. any product containing tobacco and intended smoking or oral or nasal use. [Sec. 4, RA 9211]. Tobacco retailer. Any person who or entity that sells tobacco products to individuals for personal consumption. [Sec. 4, RA 9211]. Tobar doctrine. A proposal made by the then Ecuador Foreign Minister Carlos Tobar that a state should not recognize a government that has come into power through unconstitutional means. In our jurisdiction the standard and analysis of equal protection challenges have followed the rational basis test coupled with a differential attitude to legislative classifications and a reluctance to invalidate a law unless there is a showing of a clear and unequivocal breach of the Constitution. [Central Bank v. Bangko Sentral ng Pilipinas, GR 148208, Dec. 15, 2004]. See Wilson doctrine. Together. In the same place or at the same spot; with each other locally; hence, in company or companionship. Toilet preparation. Any preparation which is intended to affect and conceivably improve the bodily appearance, such as a lotion intended to contribute to the health and appearance of the skin. [Comm. of Int. Rev. v. CTA, GR L64768. Nov. 5, 1987]. Tolerance. 1. Permission. 2. The specified allowance for error in weighing, measuring, etc., or variation from the standard or given dimension, weight or the like. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Toll. 1. N. A sum of money for the use of something, generally applied to the consideration which is paid for the use of a road, bridge or the like, of a public nature. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 16]. 2. V. To delay, suspend or hold off the effect of a statute. Toll fee. When used in connection with highways, a duty imposed on goods and passengers traveling public roads. The toll for use of a toll road is for its use in traveling thereon, not for its use as a parking place for vehicles. [City of Ozamis v. Lumapas, GR L-30727. July 15, 1975]. Compare with Parking fee. Tolling. Suspending or taking away the effect of something, such as a statute of limitations. Tonnage. Weight in tons, esp. of cargo or freight. Tonnage due. The amount paid by the owner, agent, operator or master of a vessel engaged in foreign trade coming
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to the Phils. from a foreign port or going to a foreign port from the Phils. based on the net tonnage of the vessel or weight of the articles discharged or laden. [Sec. 3201, RA 1937]. Tools and implements. Instruments of husbandry or manual labor needed by an artisan craftsman or laborer to obtain his living. [Pentagon Security v. Jimenez, GR 88114. Dec. 20, 1990]. Torillo. Sp. A male carabao. Toro. 1. Sp. Bull. 2. Tag. Live sex show. Torrens land registration system. A land registration system invented by Robert Torrens and in which the govt. is the keeper of the master record of all land and their owners. In the Torrens system, a land title certificate suffices to show full, valid and title. Torrens system. 1. A system for registration of land under which, upon the landowners application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. [Aquino, Land Regist. & Related Proceedings, 2002 Rev. Ed., p. 1]. 2. The system of registration of transactions with interest in land whose object is, under governmental authority, to establish and certify to the ownership of an absolute and indefeasible title to realty, and to simplify its transfer. This system was devised and first introduced in South Australia by Sir Robert Torrens in 1857. [Alba v. Dela Cruz, 17 Phil. 49, 58, 60 (1910)]. 3. The real purpose of the system is to quiet title of land; to put a stop forever to any question of the legality of the title, except claims which were noted at the time of registration, in the certificate, or which may arise subsequent thereto. That bring the purpose of the law, it would seem that once a title is registered the owner may rest secure, without the necessity of waiting in the portals of the courts, or sitting in the 'mirador de su casa,' to avoid the possibility of losing his land. [Legarda v. Saleeby, 31 Phil. 590 (1915)]. 4. [It] is not a mode of acquiring titles to lands; it is merely a system of registration of titles to lands. [Rabaja Ranch devt. Corp., GR 177181, July 7, 2009]. Torrens title. 1. A certificate of ownership issued under the Torrens system of registration by the govt. through the Register of Deeds, naming and declaring the owner in fee simple of the real property described therein free from all liens and encumbrances except such as may be expressly noted thereon or otherwise reserved by law. [PNB v. IAC, GR 71753. Aug. 25, 1989]. 2. Evidence of indefeasible title to property in favor of the person in whose name the title appears. [See Baloloy v. Hular, 481 Phil. 398, 410 (2004)]. Torrent. That amount of water which in case of heavy rains gathers in deep places or canals where it is supposed to flow afterwards. Tort. 1. Violation of a right given or the omission of a duty imposed by law. [Naguiat v. NLRC, GR 116123. Mar. 13, 1997]. 2. A breach of a legal duty. [Naguiat v. NLRC, GR 116123. Mar. 13, 1997]. 3. A private or civil wrong or injury for which the court provides a remedy through an action for damages. Also referred to as Quasi-delict. Tort interference. The act of a 3rd person of inducing another to commit a breach of an existing valid contract without legal
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justification and for which the former shall be liable for damages to the other contracting party. [per Art. 1314, CC]. Also known as Tortuous interference. Tort interference. Elements: (1) Existence of a valid contract; (2) knowledge on the part of the 3rd person of the existence of a contract; and (3) interference of the 3rd person is without legal justification. [So Ping Bun v. CA, GR 120554, Sept. 21, 1999]. Tort-feasor. Name given to a person or persons who have committed a tort. Tortious interference. Also known as Intentional interference with contractual relations. In the common law of torts, [this] occurs when a person intentionally damages the plaintiff's contractual or other business relationships. This tort is broadly divided into 2 categories, one specific to contractual relationships [irrespective of whether they involve business], and the other specific to business relationships or activities [irrespective of whether they involve a contract]. See also Tort interference. Torture. 1. Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on any person under the custody of persons acting in an official capacity and/or agents of the State, as defined by law, jurisprudence, international conventions and RA 9745, otherwise known as the Anti-Torture Act of 2009. [Sec. 3, RA 10368]. 2. The intentional infliction of severe pain or suffering, whether physical, mental, or psychological, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions. [Sec. 3, RA 9851]. 2. Act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a 3rd person information or a confession; punishing him/her for an act he/she or a 3rd person has committed or is suspected of having committed; or intimidating or coercing him/her or a 3rd person; or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority. It does not include pain or buffering arising only from, inherent in or incidental to lawful sanctions. [Sec. 3, RA 9745]. Torture, Acts of. For purposes of RA 9745, torture shall include, but not be limited to, the following: (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as: (1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach; (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten; (3) Electric shock; (4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s); (5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation; (6) Being tied or forced to assume
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fixed and stressful bodily position; (7) Rape and sexual abuse, incl. the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals; (8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.; (9) Dental torture or the forced extraction of the teeth; (10) Pulling out of fingernails; (11) Harmful exposure to the elements such as sunlight and extreme cold; (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation; (13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as: (i) The administration or drugs to induce confession and/or reduce mental competency; or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and (14) Other analogous acts of physical torture. [Sec. 4, RA 9745]. Torture Convention. An international human rights instrument, under the review of the UN, that aims to prevent torture andcruel, inhuman derading treatment or punishment around the world. See Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Total. Comprising the whole number or amount. Total allowable catch (TAC). The maximum harvest allowed to be taken during a given period of time from any fishery area, or from any fishery species or group of fishery species, or a combination of area and species and normally would not exceed the MSY. [Sec. 4, RA 8550]. Total compensation. This takes place when the obligations are of different amounts and compensation extinguishes the obligations entirely. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Compare with Partial compensation. Total disability. 1. The disablement of an employee to earn wages in the same kind of work of similar nature that he was trained for, or accustomed to perform, or any kind of work which a person of his mentality and attainments could do. It does not mean absolute helplessness. In disability compensation, it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of ones earning capacity. [Remigio v. NLRC, GR 159887, Apr. 12, 2006]. 2. It accrues or arises when the loss or reduction of earning capacity amounts to at least 75%; or when the aggregate loss or reduction or earning capacity resulting from more than one injury and/or disease amounts to at least 100%. [Sec. 2, PD 1146]. Total log ban. The policy of conservation and protection expressed in Sec. 16, Art. II of the Consti. [C&M Timber Corp. v. Alavala, GR 111088, June 13, 1997]. Total loss. Ins. A judgment, by an insurer, that the lost value or repair cost of a damaged property exceeds the value of its policy, resulting is what it concludes is a "total loss" or "constructive total loss." See Actual total loss or Constructive total loss. Total novation. Civ. Law. [A novation where] the obligation is completely extinguished. [Ong v. Bogalbal, GR 149140, Sept. 12, 2006]. Compare with Partial novation.
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Totality. The whole of something. Totality of circumstances test. The test adopted by the courts in resolving the admissibility of and relying on out-ofcourt identification of suspects, where they consider the following factors, viz: (a) the witness' opportunity to view the criminal at the time of the crime; (b) the witness' degree of attention at that time; (c) the accuracy of any prior description given by the witness; (d) the level of certainty demonstrated by the witness at the identification; (e) the length of time bet. the crime and the identification; and, (6) the suggestiveness of the identification procedure. [People v. Teehankee, GR 111206-08. Oct. 6, 1995]. Totality rule. The rule that where there are several claims or causes of actions bet. the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions. [Sec. 33, BP 129, as amended by RA 7691]. Tourism. 1. The commercial organization and operation of vacations and visits to places of interest. 2. Travel for recreational, leisure or business purposes. Tourist zone. A geographic area with well-defined boundaries proclaimed as such by the Pres., upon the recommendation of the Phil. Tourism Authority, and placed under the administration and control of the Authority. [Sec. 38, PD 564]. Tourists. People "traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes. Toxic. Poisonous. Toxic amount. The lowest amount of concentration of toxic pollutants, which may cause chronic or long-term acute or lethal conditions or effects to the aquatic life, or health of persons or which may adversely affect designated water uses. [Sec 4, RA 9275]. Toxic cataract. Cataract brought about by certain drugs such as ergot, dinetrophenol, naphtalene, phenothiazines, and triparanol. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. Toxic substance. Any substance other than a radioactive substance which can cause injury, illness or death to man through ingestion, inhalation or absorption through any body surface. [Art. 4, RA 7394]. Toxin. A poisonous substance, esp. a protein, that is produced by living cells or organisms and is capable of causing disease when introduced into the body tissues but is often also capable of inducing neutralizing antibodies or antitoxins. TPL. Third party Liability. TPO. See Temporary Protection Order. Traces. See Retrospectant evidence. Trade. 1. The act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their derivatives or by-products, locally or internationally. [Sec. 5, RA 9147]. 2. Any group of interrelated jobs or any occupation which is traditionally or officially recognized as
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craft or artisan in nature requiring specific qualifications that can be acquired through work experience and/or training. [Sec. 4, RA 7796]. 3. Any industrial craft or artisan occupation which is officially or traditionally recognized as requiring special qualifications which can only be acquired through lengthy training, experience, and practical and theoretical instruction. [Sec. 1, Rule 1, Book 2, IRR of LC]. Trade acceptance. Nego. Inst. A bill of exchange drawn by the seller on the purchase of goods. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., pp. 69-70]. Trade acceptance bill. Nego. Inst. A bill of exchange payable to order with a certain maturity, drawn by a seller against the purchaser of goods as drawee and accepted by such drawee. [Diaz, Bus. Law Rev., 1991 Ed., p. 364]. Trade dress. In Unfair Competition Law, a product sold in the market, not in a naked state, but dressed up with a package or container, label and perhaps, a display card. Trade name. Also Trademark. 1. The name or designation identifying or distinguishing an enterprise. [Sec. 121, RA 8293]. 2. A word or words, name, title, symbol, emblem, sign or device or any combination thereof used as an advertisement, sign, label, poster or otherwise for the purpose of enabling the public to distinguish the business of the person who owns and uses said trade name or trademark. [Art. 4, RA 7394]. 3. A word or words, name, title, symbol, emblem, sign or device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise, for the purpose of enabling the public to distinguish the business of the person who owns and uses said trade-name or trademark. [Art. 188, RPC]. Trade test. Examination or test to determine whether a person meets the standards of a particular trade. [Sec. 1, Rule 1, Book 2, IRR of LC]. Trademark. A symbol, word, or words legally registered or established by use as representing a company or product. See Trade name. Trademark infringement. Elements [that] must be proven: (1) The validity of plaintiffs mark; (2) the plaintiffs ownership of the mark; and (3) the use of the mark or its colorable imitation by the alleged infringer results in likelihood of confusion. [McDonalds Corp. v. L.C. Big Mak Burger, Inc., GR 143993, Aug. 18, 2004]. Trader. 1. Any licensed establishment which is a registered owner of a drug product that procures the materials and packaging components, and provides the production monographs, quality control standards and procedures, but subcontracts the manufacture of such products to a licensed manufacturer. [Sec. 4, RA 9502]. 2. Any establishment which is a registered owner of a health product and procures the raw materials and packing components and provides the production monographs, quality control standards and procedures, but subcontract the manufacture of such product to a licensed manufacturer. In addition, a trader may also engage in the distribution and/or marketing of its products. [Sec. 9, RA 9711].
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Trading corporations. Corporations which were vested by their respective sovereigns with certain governmental powers over territory placed under their jurisdiction. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 17]. Traditio. Lat. Delivery. Traditio brevi manu. Lat. Delivery with the short hand. The delivery of movable property made by the mere consent or agreement of the contracting parties, if the latter already had it in his possession for any other reason. [Art. 1499, CC]. This takes place when the vendee has possession of the thing sold in another capacity than an owner. [Diaz, Bus. Law Rev., 1991 Ed., p. 120]. Traditio constitutum possessorium. This is the opposite of Traditio brevi manu. This takes place when the vendor continues to have possession of the thing sold but no longer in the concept of an owner but in the concept of a lessee. [Diaz, Bus. Law Rev., 1991 Ed., p. 120]. Traditio longa manu. Lat. Delivery with the long hand. The delivery of movable property made by the mere consent or agreement of the contracting parties, if the thing sold cannot be transferred to the possession of the vendee at the time of the sale. [Art. 1499, CC]. This is effected by simply pointing to the thing sold, after which the thing is now placed at the control and disposal of the vendee. [Diaz, Bus. Law Rev., 1991 Ed., p. 120]. Traditio simbolica. Lat. Symbolic delivery. It consists in the delivery of certain symbols or things representing the things delivered such as the keys or the titles of a tenement. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 459]. Tradition or Traditio, or Tradicion. A mode of transmission of ownership which may be actual [real tradition] or constructive [constructive tradition]. [Phil. Suburban Devt. Corp. v. Auditor General, GR L-19545. Apr. 18, 1975]. See Delivery. Traditional. Existing in or as part of a tradition; long-established. Traditional or Rational basis test. Consti. Law. The classification is valid if it is rationally related to a constitutionally permissible state interest. The complainant must prove that the classification is invidious, wholly arbitrary, or capricious, otherwise the classification is presumed to be valid. [Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61; McGowan v. Maryland, 366 U.S. 420; US Railroad Retirement Board v. Fritz, 449 U.S. 166]. Traditional and alternative health care. 1. Health Ins. The application of traditional knowledge, skills and practice of alternative health care or healing methods which include reflexology, acupuncture, massage, accupressure, chiropractics, nutritional therapy and other similar methods in accordance with the accreditation guidelines set forth by the PhilHealth and the FDA. [Sec. 3, RA 10606]. 2. The sum total of knowledge, skills and practices on health care, other than those embodied in biomedicine, used in the prevention, diagnosis and elimination of physical or mental disorder. [Sec. 4, RA 8423].
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Traditional and Alternative Medicine Act (TAMA) of 1997. RA 8423 entitled An Act creating the Phil. Institute on Traditional and Alternative Health Care (PITAHC) to accelerate the development of traditional and alternative health care in the Phils., providing for a traditional and alternative health care development fund and for other purposes enacted on Dec. 9, 1997. Traditional folk art. Expressions of distinctiveness and artistic quality created to serve a decorative and/or utilitarian or socio-cultural functions of traditional folk artists commonly known for such works. [Sec. 7355]. Traditional healers. The relatively old, highly respected people with a profound knowledge of traditional remedies. [Sec. 4, RA 8423]. Traditional medicine. The sum total of knowledge, skills and practice on health care, not necessarily explicable in the context of modern, scientific philosophical framework, but recognized by the people to help maintain and improve their health towards the wholeness of their being, the community and society, and their interrelations based on culture, history, heritage, and consciousness. [Sec. 4, RA 8423]. Traditional use. Utilization of wildlife by indigenous people in accordance with written or unwritten rules, usage, customs and practices traditionally observed, accepted and recognized by them. [Sec. 5, RA 9147]. Traffic. 1. N. Vehicles moving on a public highway. 2. V. Deal or trade in something illegal. Trafficking. Transferring, or other-wise disposing of, to another, or obtaining control of, with intent to transfer or dispose of. [Sec. 3, RA 8484]. Trafficking in persons. The recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victims consent or knowledge, within or across national borders by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative purposes shall also be considered as trafficking in persons even if it does not involve any of the means set forth in the preceding par. [Sec. 3, RA 10364]. Trainees. Persons who are participants in a vocational, administrative or technical training program for the purpose of acquiring and developing job-related skills. [Sec. 4, RA 7796]. Trainers. Persons who direct the practice of skills towards immediate improvement in some task. [Sec. 4, RA 7796]. Training. The systematic development of the attitude, knowledge, skill, or behav-
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ior pattern required for the adequate performance of a given job or task. [Sec. 1, Rule 1, Book 2, IRR of LC]. Training in vocation. A range of activities aimed at providing the skills, knowledge, and attitudes required for employment in a particular occupation, group, group of related occupations or functions in a field of economic activity. [Sec. 1, Rule 1, Book 2, IRR of LC]. Trainors or Trainers. Persons who provide training to trainers aimed at developing the latter's capacities for imparting attitudes, knowledge, skills and behavior patterns required for specific jobs, tasks, occupations or group of related occupations. [Sec. 4, RA 7796]. Tramp agent. A ship agent appointed by the ship owner, charterer or carrier in the tramp service for one particular voyage whose authority is limited to the customary and usual procedures and formalities required for the facilitation of the vessels entry, stay and departure in the port and does not include the assumption of the ship owners, charterers, or carriers obligations with the shipper or receiver for the goods carried by the ship. [Sec. 1, RA 9515]. Tramp service. The operation of a contract carrier which has no regular and fixed routes and schedules but accepts cargo wherever and whenever the shipper desires, is hired on a contractual basis, or chartered by any one or few shippers under mutually agreed terms and usu. carries bulk or break bulk cargoes. [Sec. 1, RA 9515]. Transact. Conduct or carry out business. Transacting an insurance business. This includes (a) making or proposing to make, as insurer, any insurance contract; (b) making or proposing to make, as surety, any contract of suretyship as a vocation and not as merely incidental to any other legitimate business or activity of the surety; (c) doing any kind of business, incl. a reinsurance business, specifically recognized as constituting the doing of an insurance business within the meaning of the Ins. Code; (d) doing or proposing to do any business in substance equivalent to any of the foregoing in a manner designed to evade the provisions of the Ins. Code. See Doing an insurance business. Transacting business. Corp. Law. The continuity of conduct, and intention of continuing the body or substance of the business or enterprise for which the foreign corporation was organized. [Diaz, Bus. Law Rev., 1991 Ed., p. 303]. Transaction. As used in the Anti-Money Laundering Act of 2001 (RA 9160), the term refers to any act establishing any right or obligation or giving rise to any contractual or legal relationship bet. the parties thereto. It also includes any movement of funds by any means with a covered institution. [Sec. 3, RA 9160]. Transactional immunity. Immunity granted to the witness from prosecution for an offense to which his compelled testimony relates. [Galman v. Pamaran, GR 71208-09. Aug. 30, 1985]. Compare with Use immunity. Transco. See National Transmission Commission. Transcript. A written, word-for-word record of what was said. Usu. refers to a
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record of a trial, hearing, or other proceeding which has been transcribed from a recording or from shorthand. Transcript of stenographic notes (TSN). See Transcript. Transfer. Admin. Law. A movement (a) from one position to another of equivalent rank, level or salary, without a break in the service; and (b) from one office to another within the same business establishment. [Sentinel Security Agency, Inc. v. NLRC, GR 122468. Sep. 3, 1998]. Compare with Promotion. Transfer. Civ. Law. 1. The act by which the owner of a thing delivers it to another with the intent of passing the rights which he has in it to the latter. [Chemphil Export & Import Corp. v. CA, GR 112438-39. Dec. 12, 1995]. 2. Any act by which property of one person is vested in another. Transfer of domicile. Requisites: (1) An actual removal or change of domicile; (2) a bona fide intention of abandoning the former place of residence and establishing a new one; and (3) acts which correspond with that purpose. [Romualdez-Marcos v. Comelec, GR 119976, Sept. 18, 1995]. Transfer of shares. Any means whereby one may be divested of and another acquire ownership of stock. [Chemphil v. CA, GR 112438-39. Dec. 12, 1995]. Transfer of stocks. Requirements to be valid: (a) there must be delivery of the stock certificate; (b) the certificate must be endorsed by the owner or his attorney-in-fact or other persons legally authorized to make the transfer; and (c) to be valid against 3rd parties, the transfer must be recorded in the books of the corporation. [Bitong v. CA, 354 Phil. 516, 541 (1998)]. Transferee. A person who receives property being transferred. The person from whom the property is moving is the transferor. Transferor. A person from whom property moves. Property is transferred from the transferor to the transferee. Transferring stockholder. Also called the Depositing stockholder. The equitable owner of the stocks represented by the voting trust certificates and the stock reversible on termination of the trust by surrender. [Lee v. CA, GR 93695. Feb. 4, 1992]. Transformation. The method of escape from taxation whereby the manufacturer or producer upon whom the tax has been imposed, fearing the loss of his market if he should add the tax to the price, pays the tax and endeavors to recoup himself by improving his process of production thereby turning out his units of products at a lower cost. [De Leon, Fundamentals of Taxation, 2000 Ed., p. 57]. Transformation doctrine. Intl. Law. 1. Doctrine that holds that customary international law is applicable domestically only after it is adopted by legislation, court decision, or local usage. 2. The doctrine that requires such principles of international law to be enacted as statutes or otherwise converted into municipal law before they can be considered binding on the state. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 8]. Compare with Incorporation doctrine.
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Transient. Lasting only for a short time; impermanent; temporary. Transient aircraft. All those which do not have, at the airport, any fixed base, area, or parking space. [Sec. 3, RA 224]. Transit. The carrying of people, goods, or materials from one place to another. Transit shed. A building or shed which is situated at or near a quay, wharf or pier, and is used for the temporary or shortterm storage of goods in transit, or to be shipped or discharge from a vessel. [Sec. 3, PD 857]. Transitory. Existing or lasting only a short time; short-lived or temporary. Transitory action. Rem. Law. An action founded on privity of contract bet. the parties. [Albano, Rem. Law Reviewer, 1st Ed., p. 71]. Compare with Local action. Transmissibility of rights. It means that all rights acquired in virtue of an obligation are transmissible, except when prohibited by law or by stipulation of the parties. [Diaz, Bus. Law Rev., 1991 Ed., p. 10]. Transmission of electricity. 1. The conveyance of electric power through transmission lines as defined under RA 9136 by Transco or its buyer or concessionaire in accordance with its franchise and RA 9136. [Sec. 4, RA 9513]. 2. The conveyance of electricity through the high voltage backbone system. [Sec. 4, RA 9136]. Transmission of electricity charge. The regulated cost or charges for the use of a transmission system which may include the availment of ancillary services. [Sec. 4, RA 9136]. Transmission theory. Conf. of Laws. The process of applying the law of a foreign state through the law of a 2nd foreign state. [Paras, Phil. Conflict of Laws, 8th Ed. (1996), p. 215]. Transmit. Cause (something) to pass on from one place or person to another. Transmittal. Transmission: the act of sending a message; causing a message to be transmitted. Transmittal of the commission. Admin. Law. An act which is done after the appointment has already been completed. It is not required to complete the appointment but only to facilitate the effectivity of the appointment by the appointees receipt and acceptance thereof. [Re: Seniority Among the (4) Most Recent Apppointments to the Position of Assoc. Justices of the CA, AM 10-4-22SC, Sept. 28, 2010]. Transport. To carry or convey from one place to another. [People v. Correa, GR 119246. Jan. 30, 1998, 1979 ed., p. 1344]. Transport permit. A permit issued authorizing an individual to bring wildlife from one place to another within the territorial jurisdiction of the Phils. [Sec. 5, RA 9147]. Transportation. The movement of goods or persons from one place to another, by a carrier. [People v. Correa, GR 119246. Jan. 30, 1998, 1979 Ed., p. 1344]. Transportation facility. Rails and railcars, highways, wheeled vehicles,
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bridges, tunnels, tramways, subways, passenger or cargo vessels, ferry-boats, lighters, tugs, barges, scows, ramps, and any kind of facility in use or for use of the transportation, movement, or carriage of goods or passengers. [Sec. 3, PD 857]. Transportation infrastructure. Roads, bridges, ports, airports, and the different modes of transportation using these infrastructure. [Sec. 4, RA 7607]. Transportation ticket. It is not a mere piece of paper. When issued by a common carrier, it constitutes the contract bet. the ticket-holder and the carrier. It gives rise to the obligation of the purchaser of the ticket to pay the fare and the corresponding obligation of the carrier to transport the passenger upon the terms and conditions set forth thereon. The ordinary ticket issued to members of the traveling public in general embraces within its terms all the elements to constitute it a valid contract, binding upon the parties entering into the relationship. [Comm. of Int. Rev. v. British Overseas Airways Corp., GR L-6577374. Apr. 30, 1987]. Transsexual. A person born with the physical characteristics of one sex who emotionally and psychologically feels that they belong to the opposite sex. Transsexualism. Legal Med. A sexual disorder characterized by a strong compulsion to identify with the opposite gender and to discard ones anatomical sex organ, to the extent of having a sex change through surgery. [Olarte, Legal Med., 1st Ed. (2004), p. 120]. Transship. To transfer for further transportation from one ship or conveyance to another. [Samar Mining Co. v. Nordeutscher Lloyd, GR L-28673. Oct. 23, 1984]. Transshipment. Mar. Law. 1. The act of taking cargo out of one ship and loading it in another. [Magellan v. CA, GR 95529. Aug. 22, 1991, 4th Ed., 1670]. 2. The transfer of goods from the vessel stipulated in the contract of affreightment to another vessel before the place of destination named in the contract has been reached. [Magellan v. CA, GR 95529. Aug. 22, 1991]. 3. The transfer for further transportation from one ship or conveyance to another. [Samar Mining v. Nordeutscher Lloyd, 132 SCRA 529 (1984)]. Transvestism. Legal Med. A form of deviation wherein a person attains sexual pleasure by dressing the way the opposite sex does. [Olarte, Legal Med., 1st Ed. (2004)]. Transvestite. A person, typically a man, who derives pleasure from dressing in clothes appropriate to the opposite sex. Trauma. A deeply distressing or disturbing experience. Traumatic. Emotionally disturbing or distressing. Traumatic cataract. Cataract caused by blunt as penetrating injuries to the eye, intraocular foreign bodies, radiation and high voltage electricity. [Jarillo v. ECC, GR L-52058. Feb. 25, 1982]. Travelers check. A check upon which the drawers signature appears twice, one to be affixed by him upon purchase of the check and the other which is a counter-signature to be affixed by him
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upon issuance. [Diaz, Bus. Law Rev., 1991 Ed., p. 381]. Travelers letter of credit. A letter from a bank addressed to its correspondents stating that drafts up to a certain sum drawn by the beneficiary will be honored by the bank. Traverse. The term signifies a denial. Thus, where a defendant denies any material allegation of fact in the plaintiff's declaration, he is said to traverse it, and the plea itself is thence frequently termed a traverse. [Abadilla v. Ramos, GR 79173. Dec. 1, 1987, 5th Ed., p. 1345]. Trawl. An active fishing gear consisting of a bag shaped net with or without otter boards to open its opening which is dragged or towed along the bottom or through the water column to take fishery species by straining them from the water, incl. all variations and modifications of trawls (bottom, mid-water, and baby trawls) and tow nets. [Sec. 4, RA 8550]. Treachery. Crim. Law. The means, methods, or forms employed by the offender who commits any of the crimes against person, which tend directly and specially to ensure its execution, without risk to himself arising from the defense which the offended party might make. [Art. 14 (16), RPC]. Treachery. Crim. Law. Requisites: (a) That at the time of the attack, the victim was not in a position to defend himself; and (b) that the offender consciously adopted the particular means, method, or form of attack employed by him. [People v. Estillore, 141 SCRA 456 (1986)]. Treason. Crim. Law. 1. The felony committed by any person who, owing allegiance to the Govt. of the Phils., not being a foreigner, levies war against it or adheres to its enemies, giving them aid or comfort within the Phils. or elsewhere. [Art. 114, RPC]. 2. A breach of allegiance to a government, committed by a person who owes allegiance to it. [US v. Abad 1 Phil. 437]. Treasury. A place in which private or public funds are received, kept, managed, and disbursed. Treasury bills. Govt. securities which mature in less than a year. There are 3 tenors of Treasury bills: (1) 91-day (2) 182-day (3) 364-day bills. The number of days are based on the universal practice around the world of ensuring that the bills mature on a business day. Treasury bills are quoted either by their yield rate, which is the discount, or by their price based on 100 points per unit. Treasury bills which mature in less than 91-days are called cash management bills [e.g. 35-day, 42-day]. Treasury bonds. Govt. securities which mature beyond one year. At present, there are 5 maturities of bonds (1) 2year (2) 5-year (3) 7-year 4) 10-year and (5) 20-year. Each of these are sold at its face value on origination. The yield is represented by the coupons, expressed as a percentage of the face value on a per annum basis, payable semiannually. Treasury shares. Corp. Law. Shares of stock which have been issued and fully paid for, but subsequently reacquired by the issuing corporation by purchase, redemption, donation or through some other lawful means. Such shares may
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again be disposed of for a reasonable price fixed by the board of directors. [Sec. 9, Corp. Code]. Treatise. A formal and systematic book or writing containing a narrative statement on a field of law. Treatment. 1. The provision of prompt, appropriate and adequate medicine, medical, and surgical management or dietary prescription to a newborn for purposes of treating or mitigating the adverse health consequences of the heritable condition. [Sec. 4, RA 9288]. 2. Any method, technique, or process designed to alter the physical, chemical or biological and radiological character or composition of any waste or wastewater to reduce or prevent pollution. [Sec 4, RA 9275]. Treatment procedure. Any method used to remove the symptoms and cause of a disease. [Sec. 1, RA 9241]. Treaty. Intl. Law. 1. A formal agreement, usu. but not necessarily in writing, which is entered into by states or entities possessing treaty-making capacity, for the purpose of regulating their mutual relations under the law of nations. [Sandoval, Pol. Law Reviewer 2003]. 2. A formal agreement bet. 2 states signed by official representatives of each state. A treaty may be law-making in that it is the declared intention of the signatories to make or amend their internal laws to give effect to the treaty. Other treaties are just contracts bet. the signatories to conduct themselves in a certain way or to do a certain thing. These latter type of treaties are usu. private to 2 or a limited number of states and may be binding only through the ICJ. Treaty of Paris. The treaty signed on Dec. 10, 1898 in Paris, France where Spain ceded the Phils. to the US of America, together with Guam, Panama and Puerto Rico, for $20,000,000. Treble. Triple. Treble costs. 1. Costs [other than double costs] which may be imposed on the plaintiff or appellant, where an action or an appeal is found to be frivolous, to be paid by his attorney, if so ordered by the court. [Sec. 3, Rule 143, RoC]. 2. The usual taxed costs. 2. Half thereof. 3. Half the latter; so that in effect the treble costs amount only to the taxed costs, and thereof. Tree farm. Any tract of forest land purposely and extensively planted to trees of economic value for their fruits, flowers, leaves, barks, or extractives, but not for the wood thereof. [Sec. 3, PD 705]. Tres cantos. Sp. Three-bladed knife. [People v. Marciales, GR L-61961. Oct. 18, 1988]. Trespass. Crim. Law. 1. The felony committed by any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof. [Art. 281, RPC]. 2. Any unauthorized entry on realty of another to the damage thereof. [People v. Dimana, GR L-26668. Apr. 27, 1972]. Trespasser. Intruder: someone who intrudes on the privacy or property of another without permission. Trespassing. Entering the owner's land or property without permission.
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Trial. 1. All proceedings from the time when issue is joined, or, more usu., when the parties are called to try their case in court, to the time of its legal determination. [Gutierrez v. CA, GR 82475. Jan. 28, 1991, p. 1675 (Rev. 4th Ed., 1968]. 2. A judicial examination of issues bet. parties to an action. Trial brief. A written document prepared for and used by an attorney at trial. It contains the issues to be tried, synopsis of evidence to be presented and case and statutory authority to substantiate the attorney's position at trial. Trial by commissioner. The referral, by order of the court upon written consent of both parties, of any or all of the issues in a case to a commissioner to be agreed upon by the parties or to be appointed by the court. The word "commissioner" includes a referee, an auditor and an examiner. [Sec. 1, Rule 32, RoC]. Trial calendar. A calendar for cases which have passed the pre-trial stage. [Albano, Rem. Law Reviewer, 1st Ed., p. 270]. Trial custody. A supervised trial custody period of at least 6 months given by the court to the adopting parents to assess their adjustment and emotional readiness for the legal union as a prerequisite before any petition for adoption is finally granted. During the period of trial custody, parental authority shall be vested in the adopting parents. [Art. 35, PD 603, as amended by EO 91]. Trial de novo. New trial by a different tribunal. It is usu. ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law. Also New trial. Trial in absentia. 1. Trial which may proceed after arraignment notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. [People v. Agbulos, GR 73875. May 18, 1993]. Trial in absentia. Requisites for validity: (1) the accused has already been arraigned; (2) he has been duly notified of the trial; and (3) his failure to appear is unjustifiable. [People v. Salas, GR L66469, July 29, 1986]. Trial lawyer. A lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual trial work either for the prosecution or for the defense of cases of clients. [Pineda, Legal and Judicial Ethics, (1999 Ed.), p. 4]. Triangulo (small). A firecracker shaped like a triangle with powder content less than the bawang and usu. wrapped in brown paper measuring inch length in its longest side. [Sec. 2, RA 7183]. Tribadism. Homosexuality bet. women; lesbianism. Tribadist. See Lesbian. Tribal court. A court existing under the customs and traditions of an indigenous cultural community. Such courts are not a part of the Phil. judicial system which consists of the Sup. Court and the lower courts which have been established by law (Sec. 1, Art. VIII, 1987 Consti.). They do not possess judicial power. [Badua v. Cordillera Bodong Administration, GR 92649. Feb. 14, 1991].
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Tribal land areas. The areas comprising both land and sea that are traditionally occupied by the cultural minorities. [Sec. 3, RA 7611]. Tribunal. Any court, judicial body or board which has quasi-judicial functions. Triennial. Occurring every 3rd year. 2. Lasting 3 years. Triennial cohabitation doctrine. A presumption that the husband is impotent should the wife still remain a virgin after living together with the husband for 3 years. Trier of fact. The judge responsible for deciding factual issues in a trial. Trigger. 1. N. A small device that releases a spring or catch and so sets off a mechanism, esp. in order to fire a gun. 2. V. To cause an event or situation to happen or exist. Trigger happy. Irresponsible in the use of firearms. Trigger price. The volume bench-mark for applying the special safe guard measure. [Sec. 4, RA 8800]. Trigger volume. The price bench-mark for applying the special safeguard measure. [Sec. 4, RA 8800]. Trip charter. See Voyage charter. Tripartism. The representation of workers and employers sectors in decision and policy making bodies of the government. Through tripartism, workers and employers on the one hand, representing their respective interests, and the government on the other hand, representing the interest of the public, help shape labor, social and economic policies and programs of the government. Tripartite. Shared by or involving 3 parties. TRIPS. Trade-Related Aspects of Intellectual Property Rights. TRIPS Agreement or Agreement on Trade-Related Aspects of Intellectual Property Rights. The international agreement administered by the WTO that sets down minimum standards for many forms of intellectual property regulation. [Sec. 4, RA 9502]. Trisikad. Tag. Bicycle with a sidecar used as a passenger vehicle. [People v. Verano, GR 110109. Nov. 21, 1996]. TRO. 1. An interlocutory order or writ issued by the court as a restraint on the defendant until the propriety of granting an injunction can be determined, thus going no further in its operation than to preserve the status quo until that determination. [Aquino v. Luntok, GR 84324, 5 Apr. 1990]. 2. [It] is not intended to operate as an injunction pendente lite, and should not in effect determine the issues involved before the parties can have their day in court. [GSIS v. Florendo, GR 48603, 29 Sept. 1989]. See Temporary restraining order. Trompillo. A pyrotechnic device usu. fastened at the center and designed to spin first clockwise and then counterclockwise and provides various colored lights upon being ignited. [Sec. 2, RA 7183]. Tropical fabrics. Those containing natural fibers produced, spun, woven or knitted and finished in the Phils. [Sec. 2, RA 9242].
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Troso. Tag. Round logs. Trover. An old English and common law legal proceeding against a person who had found someone else's property and has converted that property to his own purposes. The action of trover did not ask for the return of the property but for damages in an amount equal to the replacement value of the property. English law replaced the action of trover with that of conversion in 1852. Truce. Intl. Law. The term is sometimes used interchangeably with armistice but is now understood to refer to a ceasefire with conditions attached. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 144]. Truck or Cargo van. A motor vehicle of any configuration that is exclusively designed for the carriage of goods and with any number of wheels and axles. Provided, That pick-ups shall not be considered as trucks. [RA 9224]. True conflict. A legal problem where one or more jurisdictions has a genuine interest in having its law applied. True copy. A correct copy of the original. Trust. 1. A fiduciary relationship concerning property which obliges the person holding it to deal with the property for the benefit of another. The person holding, in view of his equitable title, is allowed to exercise certain powers belonging to the owner of the legal title. [Tabingan, Spec. Proceedings, 1st Ed., 2001, p. 246]. 2. A legal device used to manage real or personal property, established by one person (grantor or settlor) for the benefit of another (beneficiary). 3. Property given by a person called the donor or settlor, to a trustee, for the benefit of another person called the beneficiary or donee. The trustee manages and administers the property, actual ownership is shared bet. the trustee and the beneficiary, and all the profits go to the beneficiary. See Trustee. Trust agreement or declaration. The legal document that sets up a living trust. Testamentary trusts are set up in a will. Trust ex delicto. Trusts created for illegal purposes such as preventing the settlors creditors from collecting their claims out of the trust property. See Constructive trust. Trust ex maleficio. A trust arising by operation of law from a wrongful acquisition by the person who is charged as a constructive trustee since without right he/she has entered into possession or assumed the management of property belonging to another. See Constructive trust. Trust fund. A fund set up from the planholders' payments to pay for the cost of benefits and services, termination values payable to planholders and other costs necessary to ensure the delivery of benefits or services to planholders as provided for in the contracts. [Sec. 4, RA 9829]. Trust funds. Funds which have come officially into the possession of any agency of the Govt. or of a public officer as trustee, agent, or administrator, or which have been received for the fulfillment of some obligation. [Sec. 2, Chap. 1 Subtitle B, EO 292].
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Trust property. Property actually in existence and in which the trustor has a transferable title or interest. Trust receipt. 1. The written or printed document signed by the entrustee in favor of the entruster containing terms and conditions substantially complying with the provisions of PD 115. No further formality of execution or authentication shall be necessary to the validity of a trust receipt. [Sec. 3, PD 115]. 2. A security agreement, pursuant to which a bank acquires a security interest in the goods. It secures an indebtedness and there can be no such thing as security interest that secures no obligation. [Vintola v. Insular Bank of Asia & America, GR 73271, May 29, 1987]. Trust receipt transaction. Any transaction by and bet. a person referred to in PD 115 as the entruster, and another person referred to in the same Decree as the entrustee, whereby the entruster, who owns or holds absolute title or security interests over certain specified goods, documents or instruments, releases the same to the possession of the entrustee upon the latter's execution and delivery to the entruster of a signed document called the trust receipt wherein the entrustee binds himself to hold the designated goods, documents or instruments in trust for the entruster and to sell or otherwise dispose of the goods, documents or instruments with the obligation to turn over to the entruster the proceeds thereof to the extent of the amount owing to the entruster or as appears in the trust receipt or the goods, instruments themselves if they are unsold or not otherwise disposed of, in accordance with the terms and conditions specified in the trust receipt, or for other purposes. [Prudential Bank v. IAC, GR 74886. Dec. 8, 1992]. Trust Receipts Law. PD 115 entitled Providing for the regulation of trust receipts transactions signed into law on Jan. 29, 1973. Trusted services. Such trusted services of a lawyer to his client which is of the highest degree of trust. [Grio v. CSC, GR 91602. Feb. 26, 1991]. Trustee. 1. One in whom confidence is reposed as regards property for the benefit of another person. [Art. 1440, CC]. 2. The person or institution that manages the property put in trust. 3. The person who holds property rights for the benefit of another through the legal mechanism of the trust. A trustee usu. has full management and administration rights over the property but these rights must always be exercised to the full advantage of the beneficiary. All profits from the property go to the beneficiary although the trustee is entitled to reimbursement for administrative costs. There is no legal impediment for a trustee to also be a beneficiary of the same property. Trustee de son tort. Fr. A trustee "of his own wrong." A person who is not a regularly appointed trustee but because of his or her intermeddling with the trust and the exercise of some control over the trust property, can be held by a court as "constructive" trustee which entails liability for losses to the trust. Trusteeship Council. The principal organ of the UN which is directly charged with the administration of the international trusteeship system. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 32].
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Trustor. A person who establishes a trust. [Art. 1440, CC]. Truth in lending. Statutes which provide that precise and meaningful cost of credit information be provided to the credit customer. Truth in Lending Act. RA 3765 entitled An Act to Require the Disclosure of Finance Charges in Connection with Extensions of Credit enacted on June 22, 1963. Tubo. Tag. Lead pipe. [People v. Aguiluz, GR 91662. Mar. 11, 1992]. Tug. A steam vessel built for towing, synonymous with tugboat. [Luzon Stevedoring Corp. v. CA, GR L-30232. July 29, 1988]. Tugboat. 1. A strongly built, powerful steam or power vessel, used for towing and, now, also used for attendance on vessel. 2. A diesel or steam power vessel designed primarily for moving large ships to and from piers for towing barges and lighters in harbors, rivers and canals. 3. A steam vessel built for towing, synonymous with tugboat. [Luzon Stevedoring Corp. v. Oben, CTA Case 1484. Oct. 21, 1968]. Tuition. A sum of money charged for teaching or instruction by a school, college, or university See Tuition fee. Tuition fee. 1. Fee collected by the school in paying for the instruction. [Sec. 1, PD 577]. 2. The school charges for the subjects or course enrolled in by a pupil or student, as indicated in the respective prospectuses, colleges and universities, which may either be on a term or yearly basis or per unit or units. [Sec. 1, Rule II, PD 451]. The more precise term is Tuition. Tumult. 1. A disorderly commotion or disturbance. 2. A tempestuous uprising; a riot. Tumults and other disturbance of public orders; tumultuous disturbance or interruption liable to cause disturbance. Crim. Law. The felony committed by any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Art. 131 and 132 of the Rev. Penal Code; or by persons causing any disturbance or interruption of a tumultuous character; or by any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order; or by those persons who, in violation of the provisions contained in the last clause of Art. 85 of the Rev. Penal Code, shall bury with pomp the body of a person who has been legally executed. [Art. 153, RPC]. Tumultuous. 1. Making a loud, confused noise; uproarious. 2. Excited, confused, or disorderly. Tumultuous affray. It takes place when a quarrel occurs bet. several persons and they engage in a confused and tumultuous affray, in the course of which same person is killed or wounded and the author thereof cannot be ascertained. [US v. Tandoc, GR 15635. Mar. 16, 1920].
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Tupada. Tag. Cockfight. [People v. Panganiban, GR 97969. Feb. 6, 1995]. Turnkey or Turn-key. [The term is] defined as pertaining to, or resulting from, an arrangement under which a private contractor designs and constructs a project, building, etc., for sale when completely ready for occupancy or operation. [Continental Cement Corp. V. Filipinas (Prefab) Systems, Inc., GR 176917, Aug. 4, 2009]. Turnover tax. A tax paid when a good or a service is transferred from one person to another. Tussis. Lat. Cough. [Etepha v. Dir. of Patents, GR L-20635. Mar. 31, 1966]. Tutius semper est errare acquietando quam in puniendo Lat. It is always safer to err in acquitting than in punishing. [People v. Lizada, GR 97226. Aug. 30, 1993]. Two-dismissal rule. The rule that where the same complaint had twice been dismissed by the plaintiff without order of the court by the mere act of serving notice of dismissal, the 2nd dismissal operates as an adjudication on the merits. [Albano, Rem. Law Reviewer, 1st Ed., p. 236]. Two-witness rule. The rule that no person shall be convicted of treason unless on the testimony of 2 witnesses at least to the same overt act or on confession of the accused in open court. [Art. 114, RPC]. Typhoon. A tropical storm in the region of the Indian or western Pacific oceans. Typhoon warranty. A warranty in an insurance policy that the insured vessels shall not be allowed to sail or put out of port when there is a typhoon or storm or when there is a typhoon or storm warning at the port of destination or bet. the said ports.
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-UUberrima fides or Uberrimae fidae. Lat. 1. Most abundant good faith. [Tang v. CA, GR L-48563. May 25, 1979]. 2. Good faith; absolute and perfect candor or openness and honesty; the absence of any concealment or deception, however slight [Grepalife v. CA, GR L31845. Apr. 30, 1979, 2nd Ed.]. Ubi jus, ibi remedium. Lat. Where there is a right, there is a remedy [Gabila v. Perez, GR 29541. Jan. 27, 1989]. Ubi lex non distinguit, nec nos distinguere debemus. Lat. When the law does not distinguish we should not distinguish. [Robles v. Zambales Chromite Mining, GR L-12560. Sep. 30, 1958]. UDHA. See Urban Development and Housing Act of 1992. UDK No. See Undocketed Number. Compare with G.R. No. UDK. Undocketed. Ulcer. An erosion in the skin of mucous membrane [moist lining, as of mouth], along with some destruction of the tissue below. [Landicho v. WCC, GR L45996. Mar. 26, 1979]. ULR. See Urban land reform. Ultimate consumer. Individual [such as a housewife] or a group [such as a family] which actually consumes or uses a good or service as distinct from the buyer or shopper who may only be a purchasing agent. Marketers try to identify the ultimate consumers to aim their promotional efforts at them.
Ultimate consumption doctrine. Intl. Law. 1. The doctrine under which goods intended for civilian use which may ultimately find their way to and be consumed by the belligerent forces are also liable to seizure on the way. 2. The liability of contraband to seizure is determined not by their ostensible, but by their real destination. Even if the vessel stops at an intermediate neutral port, it will still be considered as one continuous voyage provided it could be shown that its cargo will ultimately be delivered to a hostile destination. Ultimate facts. Rem. Law. 1. Those facts which the expected evidence will support. [Salita v. Magtolis, GR 106429. June 13, 1994, 4th Ed.]. 2. The essential facts constituting the plaintiff's cause of action. A fact is essential if it cannot be stricken out without leaving the statement of the cause of action insufficient. [Moran, Rules of Court, Vol. 1, 1963 Ed., p. 213, cited in Remitere v. Vda. de Yulo, GR L-19751, 28 Feb. 1966]. Compare with Evidentiary facts. Ultimatum. Intl. Law. A written communication by one State to another which formulates, finally and categorically, the demands to be fulfilled if forcible measures are to be averted. Ultra. Lat. Very; extremely. Ultra jurisdictio. Lat. Going beyond the jurisdiction. Ultra vires. Lat. Beyond the powers. Without authority. An act which is beyond the powers or authority of the person or organization which took it. Ultra vires act. Corp. Law. An act committed outside the object for which a corpo-
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ration is created as defined by law of its organization and therefore beyond the powers conferred upon it by law [Rep. v. Acoje Mining, GR L-18062. Feb. 28, 1963]. 2. Without authority. An act which is beyond the powers or authority of the person or organization which took it. Compare with Intra vires act. Ultra vires doctrine. The doctrine in the law of corporations that holds that if a corporation enters into a contract that is beyond the scope of its corporate powers, the contract is illegal. UN. See United Nations. UN General Assembly. See General Assembly. Unanimity of parties. The absence of serious controversy bet. the parties in interest as to the title of the party seeking relief under Sec. 112 of the Land Registration Act. [Vicente v. Delos Santos, GR L-20351. Feb. 27, 1969]. Unattended child. A child is unattended when left by himself without provisions for his needs and/or without proper supervision. [Art. 141, PD 603]. Unauthorized access device. Any access device that is stolen, lost, expired, revoked, canceled, suspended, or obtained with intent to defraud. [Sec. 3, RA 8484]. Unauthorized contract. A contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers. [Art. 1317, CC]. Uncertificated security. A security evidenced by electronic or similar records. [Sec. 3, RA 8799]. UNCITRAL. See United Nations Commission on International Trade Law. UNCITRAL model law, 1985. The UNCITRAL Model Law on Inter-national Commercial Arbitration adopted on June 21, 1985 during the Fortieth Session of the General Assembly, UN, New York in 1985. Unclaimed balances. They include credits or deposits of money, bullion, security or other evidence of indebtedness of any kind, and interest thereon with banks, buildings and loan associations, and trust corporations in favor of any person known to be dead or who has not made further deposits or withdrawals during the preceding 10 years or more. Such unclaimed balances, together with the increase and proceeds thereof, shall be deposited with the Treasurer of the Phils. to the credit of the Govt. of the Rep. of the Phils. to be used as the (Congress) may direct. [Sec. 1, Act 3936, as amended]. Unclassified land forest. Also known as Public forest. Land of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes. Unclean hands doctrine. 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 sucject of the complaint - that is, with unclean hands. See Clean hands doctrine. Unclean or Dirty hands. (a) Maxim that a party whose actions cause the other
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party to breach, may not complain. (b) When the plaintiff took inappropriate steps in attempting to recoup a loss prior to bringing a claim. More precisely Coming to court with unclean hands. UNCLOS. See United Nations Convention on the Law of the Sea. Unconditional. Not subject to any conditions. Unconditional promise or order to pay. An unqualified promise within the meaning of the Negotiable Instruments Law though coupled with: (a) an indication of a particular fund out of which reimbursement is to be made or a particular account to be debited with the amount; or (b) a statement of the transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional. [Sec. 3, NIL]. Unconscionable. Not right or reasonable; unreasonably excessive. Unconscionability. An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party. Unconstitutional. Not in accord with the principles set forth in the constitution of a nation or state. Unconstitutional act. It is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, inoperative, as if it had not been passed. It is therefore stricken from the statute books and considered never to have existed at all. Not only the parties but all persons are bound by the declaration of unconstitutionality which means that no one may thereafter invoke it nor may the courts be permitted to apply it in subsequent cases. It is, in other words, a total nullity. [Cruz, Phil. Pol. Law, 1987 ed., pp. 233-234]. Uncontrollable fear. A real, imminent, or reasonable fear for one's life or limb and should not be speculative, fanciful, or remote fear. [People. v. Quilloy, GR L2313, Jan. 10, 1951, 88 Phil. 53]. Uncontrollable fear of an equal or greater injury. Requisites: For this exempting circumstance to be invoked successfully, the following requisites must concur: (a) existence of an uncontrollable fear; (b) the fear must be real and imminent; and (c) the fear of an injury is greater than or at least equal to that committed. [People v. Petenia, GR L-51256. Aug. 12, 1986]. Uncounselled admission. See Fruits of the poisonous tree. Under circumstances in which a person has a reasonable expectation of privacy. Believe that he/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public, regardless of whether that person is in a public or private place. [Sec. 3, RA 9995]. Underground economy. The part of a country's economic activity that is unrecorded and untaxed by its government. See Black market.
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Underfilling or Underdelivery. A sale, transfer, delivery or filling of petroleum products of a quantity that is actually beyond authorized limits than the quantity indicated or registered on the metering device of container. This refers, among others, to the quantity of petroleum retail outlets or to liquefied petroleum gas in cylinder or to lube oils in packages. [Sec. 2, PD 1865]. Underlying cause. The disease or injury that initiated the train of events leading directly to death, or the circumstances of the accident or violence that produced the fatal injury. [Escarcha v. Leonis Navigation Co., Inc., GR 182740, July 5, 2010]. Underprivileged and homeless citizens. The beneficiaries of RA 7279 and to individuals or families residing in urban and urbanizable areas whose income or combined household income falls within the poverty threshold as defined by the NEDA and who do not own housing facilities. This shall include those who live in makeshift dwelling units and do not enjoy security of tenure. [Sec. 3, RA 7279]. Underrun. The deficiency in the quantity ordered. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Understudy. Any qualified Filipino citizen designated by a local employer to be trained by a foreign national allowed to work in the country by virtue of an employment permit granted to him by the Sec. of Labor and Employment under an approved understudy training program. Understudy. 1. To study or know [a role] so as to be able to replace the regular performer when required. 2. To act as an understudy to. Undertaker. Person who practices undertaking. [Sec. 89, PD 856]. Undertaking. The care, transport and disposal of the body of a deceased person by any means other than embalming. [Sec. 89, PD 856]. Underwriter. 1. A person who guarantees on a firm commitment and/or declared best effort basis the distribution and sale of securities of any kind by another company. [Sec. 3, RA 8799]. 2. Any person who has purchased from an issuer with a view to, or sells for an issuer in connection with, the distribution of any security or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking; but such term shall not include a person whose interest is limited to a commission from an underwriter or dealer not in excess of the usual and customary distributor's or seller's commission. [Sec. 3, RA 2629]. Underwriting. The act or process of guaranteeing the distribution and sale of securities of any kind issued by another corporation. [Sec. 3, PD 129]. Undocketed (UDK) Number. A number assigned to a case for which no docket fee has been paid. [The Internal Rules of the Sup. Court, AM 10-4-20-SC, May 4, 2010]. Undue. More than necessary; not proper; illegal. [Pecho v. Sandiganbayan, GR 111399. Nov. 14, 1994, 5th Ed., 1370].
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Undue influence. 1. Any means employed upon a party which, under the circumstances, he could not well resist, and which controlled his volition and induced him to give his consent to the contract, which otherwise he would not have entered into. It must, in some measure, destroy the free agency of a party and interfere with the exercise of that independent discretion which is necessary for determining the advantage or disadvantage of a proposed contract. [Sierra v. CA, GR 90270. July 24, 1992]. 2. A persons taking improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered: the confidential, family, spiritual and other relations bet. the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress. 3. As used in connection with the law of wills, it may be defined as that which compels the testator to do that which is against the will from fear, the desire of peace, or from other feeling which he is unable to resist. [Torres and Lopez de Bueno v. Lopez (48 Phil., 772)]. Undue influence to vitiate consent. There is undue influence when a person takes improper advantage of his power over the will of another, depriving the latter of a reasonable freedom of choice. [Art. 1337, CC]. Undue injury. 1. In jurisprudence, [the term] is consistently interpreted as actual. [Asilo, Jr. v. People, GR 15901718 & GR 159059. Mar. 9, 2011]. 2. An injury more than necessary, excessive, improper or illegal. [Jacinto v. Sandiganbayan, GR 84571. Oct. 2, 1989, 5th Ed., p. 1370]. Unemployed. The term refers only to those who are without or are separated from employment, and does not include instances when an employee is not actually working, as during the period of his illness. [Canovas v. Batangas Transportation Co., GR L-19868. Mar. 31, 1965]. Unenforceable contract. A contract which cannot be sued upon or enforced in court unless it is ratified. [Diaz, Bus. Law Rev., 1991 Ed., p. 93]. Unenforceable contract. Kinds: The following contracts are unenforceable, unless they are ratified: (a) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; (b) those that do not comply with the Statute of Frauds; and (c) those where both parties are incapable of giving consent to a contract. [Art. 1403, CC]. Unexplained wealth. An amount of property and/or money manifestly out of proportion to [a public officials] salary and to his other lawful income [which he] has been found to have acquired during his incumbency, whether in his name or in the name of other persons. [RA 1379]. Unfair competition. Comm. Law. 1. The employment of deception or any other means contrary to good faith by which a person shall pass off the goods manufactured by him or in which he deals, or his business, or services, for those of another who has already established goodwill for his similar goods, business or services, or any acts calculated to
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produce the same result. [Sec. 29, RA 166, as amended]. 2. The passing off (or palming off) or attempting to pass off upon the public of the goods or business of one person as the goods or business of another with the end and probable effect of deceiving the public. [Superior Commercial Enterprises, Inc. v. Kunnan Enterprises Ltd. and Sports Concept & Distributor, Inc., GR 169974. Apr. 20, 2010]. Unfair competition. Comm. Law. Essential elements: (1) Confusing similarity in the general appearance of the goods; and (2) intent to deceive the public and defraud a competitor. [Tan v. CA, GR 142401, Aug. 20, 2001]. Unfair competition. Crim. Law. The felony committed by any person who, in unfair competition and for the purposes of deceiving or defrauding another of his legitimate trade or the public in general, shall sell his goods giving them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves, or in the wrapping of the packages in which they are contained or the device or words thereon or in any other features of their appearance which would be likely to induce the public to believe that the goods offered are those of a manufacturer or dealer other than the actual manufacturer or dealer or shall give other persons a chance or opportunity to do the same with a like purpose. [Art. 189, RPC]. Unfair labor practice. 1. Any un-fair labor practice as expressly defined in the Labor Code. [Sec. 1, Rule 1, Book 5, IRR of LC]. 2. Actions by the employer which interfere with, restrain, coerce, or threaten employees with respect to their rights. Unfaithfulness or Abuse of confidence. In the crime of estafa or swindling, the act committed: (a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration; (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property; or (c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or of any 3rd person. [Art. 315, RPC]. Unforeclosed equity of redemption. The equity of redemption retained by subsequent or junior lien-holders if they be not joined in the foreclosure action, the judgment in the mortgagor's favor being ineffective as to them, and in that case, a separate foreclosure proceeding should be brought to require them to redeem from the 1st mortgagee, or the party acquiring title to the mortgaged property at the foreclosure sale, within 90 days, the period fixed in Sec. 2, Rule 68 of the Rev. Rules of Court for the mortgagor himself to redeem. [Limpin v. IAC, GR L-70987. Sep. 29, 1988]. Unforeseen events. This term is applied to events that could not have been predicted.
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Unforeseen events doctrine. The doctrine enunciated by Art. 1267 of the Civ. Code [which] is not an absolute application of the principle of rebus sic stantibus [that] would endanger the security of contractual relations. [So v. Food Fest land, Inc., GR 183628 & 183670. Apr. 7, 2010]. Art. 1267 provides: When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. Ungathered fruits. Fruits already matured at the time of the termination of the usufruct, which ordinarily would have already been gathered by the usufructuary, but which remain ungathered for no fault imputable to him, but because of malice or an act imputable to the naked owner or a 3rd person, or even due to force majeure or fortuitous event. [Tolentino, Civ. Code of the Phils., Vol. II, Repr. 2001, p. 323]. UNICEF. United Nations Children's Educational Fund. Uniform Currency Law. RA 529 entitled An Act to assure uniform value to Phil. coin and currency enacted on June 16, 1950, as amended by RA 4100 on June 19, 1964. Repealed by RA 8183 enacted on June 11, 1996. Uniformity in taxation. 1. The rule applies to property of the life kind and character and similarly situated, and a tax, in order to be uniform, must operate alike on all persons, things, or property, similarly situated. So the requirement is complied with when the tax is levied equally uniformly on all subjects of the same class and kind and is violated if particular kinds, species, or items of property are selected to bear the whole burden of the tax, while others, which should be equally subjected to it, are left untaxed. [Villanueva v. City of Iloilo, GR L-26521. Dec. 28, 1968]. 2. That principle by which all taxable articles or kinds of property of the same class shall be taxed at the same rate [Churchill v. Concepcion, 34 Phil. 969 (1916)]. Unilateral. Of, on, relating to, involving, or affecting only one side. Unilateral contract. An agreement by which one undertakes an express performance without receiving any express promise of performance from the other. Unilateral promise to buy or to sell a determinate thing for a price certain. An offer. [Equatorial Realty v. Mayfair Theater, GR 106063. Nov. 21, 1996]. Unilateral promise to sell. An offer which, although accepted but is not supported by any consideration distinct from the price, does not produce a binding and enforceable contract of sale. The offer in this case, as well as the acceptance, both lack a most essential element - the manner of payment of the purchase price. Hence, the offer to sell may be withdrawn without the offeror committing any breach of contract. [Navarro v. Sugar Producers Cooperative, GR L-12888. Apr. 29, 1961]. Uninhabited place or Despoblado. The term refers not to the distance of the nearest house to the locus criminis. The more important consideration is whether the place of commission affords a reasonable possibility for the victim to receive some help. [People v. Desalisa, GR 95262, Jan. 4, 1994]. It must be established that solitude was purposely sought or taken advantage of to facili-
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tate the commission of the crime. [People v. Cabiles, GR 113785. Sep. 14, 1995] Unintentional. Without deliberate intent. Unintentional abortion. Crim. Law. The felony committed by any person who shall cause an abortion by violence, but unintentionally. [Art. 257, RPC]. Unintentional abortion. Elements: (a) That there is a pregnant woman; (b) that violence is used upon such pregnant woman without intending an abortion. (c) that the violence is intentionally exerted; and (d) that as a result of the violence the foetus dies, either in the womb or after having been expelled therefrom. [People v. Salufrania, GR L-50884. Mar. 30, 1988]. Union. An organization of workers formed for the purpose of collective bargaining. Union accounts examiners. Officials in the Bu. of Labor Relations or the Industrial Relations Division in the DOLERegional Office empowered to audit books of accounts of the union. [Sec. 1, Rule 1, Book 5, IRR of LC]. Union security. Labor. A generic term which is applied to and comprehends closed shop, union shop, maintenance of membership or any other form of agreement which imposes upon employees the obligation to acquire or retain union membership as a condition affecting employment. [Inguillo v. First Phil. Scales GR 165407, June 5, 2009]. Union shop. Labor. An agreement under which the workers are not required to be union members when hired; but to maintain continued employment, they must continue to pay union dues and must become union members also after some time. [Poquiz, Labor Rel. Law, 1999 Ed. p. 157]. Unissued capital stock. That portion of the capital stock that is not issued or subscribed. It does not vote and draws no dividends. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 53]. Unit. 1. A value, quantity or magnitude, in terms of which other values, quantities or magnitudes are expressed. [Sec. 4, BP 8]. 2. 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 or parts of floors] in a building or buildings and such accessories as may be appended thereto. [Sec. 3, RA 4726]. 3. A part of the condominium property which is to be subject to private ownership. [GOAL, Inc. v. CA, GR 118822. July 28, 1997]. Compare with Common areas and facilities. Unit operation. The physical operation by which a desired step in an industrial process is conducted or controlled. [Sec. 3, RA 9267]. Unit price contract. 1. A type of pricing agreement in sales involving real estate wherein the purchase price is determined by way of reference to a stated rate per unit area [e.g., P1,000 per square meter]. [Esguerra v. Trinidad, GR 169890, Mar. 12, 2007]. Compare with Lump sum contract. 2. [A contract where] the project cost depends on the quantity of items needed to carry out the work. The project cost is therefore provisional. [See Hanjin Heavy Ind. and Const. Co., Inc. v. Dynamic Planners and Const. Corp., GR 169408 and
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170144, 30 Apr. 2008]. Compare with Fixed lump-sum contract. Unit process. The chemical change which is involved in the manufacture of industrial or consumer products or the treatment of industrial or chemical wastes. [Sec. 3, RA 9267]. United Nations (UN). Intergovernmental organization established in 1945 as the successor to the League of Nations. It is concerned with the maintenance of international peace and security. The UN's principal organs are the General Assembly, Security Council, Secretariat, ICJ, Economic and Social Council, and the Trusteeship Council. Its headquarters is in New York City. United Nations charter. Multilateral treaty signed on June 26, 1945, and in force from Oct. 24, 1945. It is the constitution of the UN, an intergovernmental organization. The Charter defines the organization's structure, its authority, and its goals. United Nations Commission on International Trade Law (UNCITRAL). Established by a UN General Assembly Resolution in 1966 to harmonize and unify international trade law. It was instrumental in the preparation of the Hamburg Rules, 1978. United Nations Convention on the Law of the Sea (UNCLOS). Signed on 10 Dec. 1982 at Montego Bay, Jamaica, it seeks to establish a legal order for the seas and oceans to promote their peaceful use, equitable and efficient utilization of resources and protect and preserve the marine environment. Units of property. Those items of property which when retired, with or without replacement, are accounted for by crediting the book cost thereof to the property account in which included. [Sec. 5, RA 2321]. Unity of object. Succ. It means that 2 or more persons must be called to the same inheritance, legacy or devise, or to the same portion thereof, pro indiviso. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 459]. Compare with Plurality of subjects. Universal. Of or pertaining to the universe; extending to, incl., or affecting, the whole number, quantity, or space; unlimited; general; all-reaching; allpervading. Universal design. The design of products, environments, programs and services, to be usab le by all people, to the greatest extent possible, without the need for adaptation or specialized design but shall not exclude assistive devices for particular groups of persons with disabilities where this is needed. [Sec. 2, RA 10366]. Universal electricity charge. The charge, if any, imposed for the recovery of the stranded cost (of electricity) and other purposes. [Sec. 4, RA 9136]. Universal law. Law so fundamental or basic that it is binding upon all states whether they have individually consented to it or not. Universal partnership. A partnership which may refer to all the present property or to all the profits. [Art. 1777, CCC]. Compare with Particular partnership.
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Universal partnership of all present property. A partnership in which the partners contribute all the property which actually belongs to them to a common fund, with the intention of dividing the same among themselves, as well as all the profits which they may acquire therewith. [Art. 1778, CC]. Universal partnership of profits. A partnership which comprises all that the partners may acquire by their industry or work during the existence of the partnership. [Art. 1780, CCC]. Universal title. Succ. All the properties of the inheritance or a certain indeterminate or aliquot part thereof. Universality principle. Intl. Law. Doctrine that a court has criminal jurisdiction if the forum state has the defendant in custody. Universally accepted principles. That body of cooperative principles adhered to worldwide by cooperatives. [Sec. 1, RA 9520]. Universally Accessible Cheaper and Quality Medicines Act of 2008. RA 9502 entitled An Act Providing for Cheaper and Quality Medicines, Amending for the Purpose RA 8293 or the Intellectual Property Code, RA 6675 or the Generics Act of 1988, and RA 5921 or the Pharmacy Law, and for Other Purposes enacted on June 6, 2008. University of the Philippines (UP). The national university of the Phils. founded in 1908 through Act 1870 of the 1st Phil. Legislature, known as the "University Act" by authority of the US. The University currently provides the largest number of degree programs in the country. University of the Philippines Charter of 2008. RA 9500 entitled An Act to Strengthen the University of the Philippines as the National University enac ted on Apr. 29, 2008. Unjust. Not based on or behaving acc. to what is morally right and fair. Unjust enrichment. 1. The transfer of value without just cause or consideration. The transfer is usu. made in accordance with law, but the determining factor is the lack of cause or consideration. The elements of this doctrine are: enrichment on the part of the defendant; impoverishment on the part of the plaintiff; and lack of cause. The main objective is to prevent that one may enrich himself at the expense of another. If this situation is obtained, equity steps in to protect the one prejudiced. [Ponce de Leon v. Syjuco, GR L-3316. Oct. 31, 1951]. 2. [It occurs] when a person unjustly retains a benefit to the loss of another, or when a person retains money or property of another against the fundamental principles of justice, equity and good conscience. Benguet Corp. v. DENR-Mines Adjudication Board, GR 163101, 13 Feb. 2008]. Unjust enrichment. Conditions: (1) That a person is benefited without a valid basis or justification, and (2) that such benefit is derived at anothers expense or damage. Benguet Corp. v. DENR-Mines Adjudication Board, GR 163101, 13 Feb. 2008]. Unjust enrichment maxim. The maxim that states that no person should enrich himself at the expense of or prejudice of
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others. [Rep. v. CA, GR L-31303-04. May 31, 1978]. Unjust interlocutory order. Crim. Law. The felony committed by any judge who shall knowingly render an unjust interlocutory order or decree or who shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust. [Art. 206, RPC]. Unjust judgment. 1. A judgment which is contrary to law or is not supported by the evidence, or both. [Dela Cruz v. Concepcion, AM RTJ-93-1062. Aug. 25, 1994]. 2. One contrary to the standards of right and justice or standards of conduct prescribed by the law. [Buenavista v. Garcia, AM RTJ-88-246. July 19, 1990]. Unjust vexation. Any act committed without violence but which unjustifiably annoys or vexes an innocent person. As a punishable act, it should include any human conduct which, although not productive of some physical or material harm would, however, unjustifiably annoy or vex an innocent person. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 695]. Unjustly convicted. The phrase has the same meaning as "knowingly rendering an unjust judgment in Art. 204 of the Rev. Penal Code. [Basbacio v. Drilon, GR 109445. Nov. 7, 1994]. Unlawful. Not conforming to, permitted by, or recognized by law or rules. Unlawful activity. Pursuanrt tothe AntiMoney Laundering Act of 2001 [RA 9160], as amended by RA 10365, the term refers to any act or omission or series or combination thereof involving or having relation to the following: (1) Kidnapping for ransom under Art. 267 of Act 3815, otherwise known as the Rev. Penal Code, as amended; (2) Secs. 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002; (3) Sec. 3 pars. B, C, E, G, H and I of RA 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act; (4) Plunder under RA 7080, as amended; (5) Robbery and extortion under Arts. 294, 295, 296, 299, 300, 301 and 302 of the Rev. Penal Code, as amended; (6) Jueteng and Masiao punished as illegal gambling under PD 1602; (7) Piracy on the high seas under the Rev. Penal Code, as amended and PD 532; (8) Qualified theft under Art. 310 of the Rev. Penal Code, as amended; (9) Swindling under Art. 315 and Other Forms of Swindling under Art. 316 of the Rev. Penal Code, as amended; (10) Smuggling under RA Nos. 455 and 1937; (11) Violations of RA 8792, otherwise known as the Electronic Commerce Act of 2000; (12) Hijacking and other violations under RA 6235; destructive arson and murder, as defined under the Rev. Penal Code, as amended; (13) Terrorism and conspiracy to commit terrorism as defined and penalized under Secs. 3 and 4 of RA 9372; (14) Financing of terrorism under Sec. 4 and offenses punishable under Secs. 5, 6, 7 and 8 of RA 10168, otherwise known as the Terrorism Financing Prevention and Suppression Act of 2012: (15) Bribery under Arts. 210, 211 and 211-A of the Rev. Penal Code, as amended, and Corruption of Public Officers under Art. 212 of the Rev. Penal Code, as amended; (16) Frauds and Illegal Exactions and Transactions under
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Arts. 213, 214, 215 and 216 of the Rev. Penal Code, as amended; (17) Malversation of Public Funds and Property under Arts. 217 and 222 of the Rev. Penal Code, as amended; (18) Forgeries and Counterfeiting under Arts. 163, 166, 167, 168, 169 and 176 of the Rev. Penal Code, as amended; (19) Violations of Secs. 4 to 6 of RA 9208, otherwise known as the Anti-Trafficking in Persons Act of 2003; (20) Violations of Secs. 78 to 79 of Chap. IV, of PD 705, otherwise known as the Revised Forestry Code of the Philippines, as amended; (21) Violations of Secs. 86 to 106 of Chap. VI, of RA 8550, otherwise known as the Phil. Fisheries Code of 1998; (22) Violations of Secs. 101 to 107, and 110 of RA 7942, otherwise known as the Phil. Mining Act of 1995; (23) Violations of Sec. 27(c), (e), (f), (g) and (i), of RA 9147, otherwise known as the Wildlife Resources Conservation and Protection Act; (24) Violation of Sec. 7(b) of RA 9072, otherwise known as the Natl. Caves and Cave Resources Management Protection Act; (25) Violation of RA 6539, otherwise known as the AntiCarnapping Act of 2002, as amended; (26) Violations of Secs. 1, 3 and 5 of PD 1866, as amended, otherwise known as the decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of Firearms, Ammunition or Explosives; (27) Violation of PD 1612, otherwise known as the Anti-Fencing Law; (28) Violation of Sec. 6 of RA 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, as amended by RA 10022; (29) Violation of RA 8293, otherwise known as the Intellectual Property Code of the Phils.; (30) Violation of Sec. 4 of RA 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2009; (31) Violation of Sec. 4 of RA 9775, otherwise known as the Anti-Child Pornography Act of 2009; (32) Violations of Secs. 5, 7, 8, 9, 10(c), (d) and (e), 11, 12 and 14 of RA 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination; (33) Fraudulent practices and other violations under RA 8799, otherwise known as the Securities Regulation Code of 2000; and (34) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries. [Sec. 2, RA 10365]. Unlawful aggression. 1. An actual, sudden and unexpected attack, or an imminent danger thereof, and not merely a threatening or intimidating attitude. There must exist a real danger to the life or personal safety of the person claiming self-defense. [People v. Boniao, 217 SCRA 653]. 2. As an indispensable element of self-defense, an assault or attack, or a threat thereof in an imminent and immediate manner, which places the accused's life in actual peril. It is an offensive act positively strong and determinative of the aggressor's intent to cause harm or injury. It presupposes material attack which is impending or at the point of happening, and not merely an intimidating attitude or stance. [People v. Ganzagan, GR L-113793. Aug. 11, 1995]. 3. An assault or attack, or a threat thereof in an imminent and immediate manner, which places the accused's life in actual peril. [People v. Ganzagan, GR L-113793. Aug. 11, 1995]. Unlawful appointments. Crim. Law. The felony committed by any public officer who shall knowingly nominate or appoint to any public office any person lacking
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the legal qualifications therefore. [Art. 244, RPC]. Unlawful arrest. Crim. Law. The felony committed by any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities. [Art. 269, RPC]. Unlawful detainer. 1. The act of unlawfully withholding the possession of the land or building against or from a landlord, vendor or vendee or other person after the expiration or termination of the detainer's right to hold possession by virtue of a contract express or implied. [Commander Realty v. CA, GR L-77227. May 9, 1988]. 2. Withholding by a person from another for not more than one year, of the possession of a land or building to which the latter is entitled after the expiration or termination of the former's right to hold possession by virtue of a contract express or implied. [Sps. Medina and Bernal v. Valdellon, 63 SCRA 282 (1975)]. Also known as Illegal detainer. Unlawful entry. An entrance effected by a way not intended for the purpose. [Art. 14 (18), RPC]. Unlawful occupation or destruction of forest lands. The offense committerd by any person who enters and occupies or possesses, or makes kaingin for his own private use or for others any forest land without authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or causes any damage to the timber stand and other products and forest growths found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land. [Sec. 69, PD 705]. Unlawful possession of implements and devices used by forest officers. The offense committed by any person who shall, without authority from the Director [of Forest Devt.] or his authorized representative, make, manufacture, or has in his possession any government marking, hatchet or other marking implement, or any marker, poster, or other devices officially used by officers of the Bureau for the marking or identification of timber or other products, or any duplicate, counterfeit, or imitation thereof, or make or apply a government mark on timber or any other forest products by means of any authentic or counterfeit device, or alter, deface, or remove government marks or signs, from trees, logs, stumps, firewoods or other forest products, or destroy, deface, remove or disfigure any such mark, sign, poster or warning notices set by the Bureau to designate the boundaries of cutting areas, municipal or city forest or pasture, classified timber land, forest reserve, and areas under the national park system or to make any false mark or imitation of any mark or sign herein indicated. [Sec. 77, PD 705]. Unlawful taking. Appropriating a thing belonging to another and placing it under ones control or possession. In the asportation, the intent to return the thing taken is not present. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 704]. Unlawful use of means of publication and unlawful utterances. Crim. Law. The felony committed by: (a) any person who by means of printing, lithography, or any other means of publication shall
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publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State; (b) any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law; (c) any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or (d) any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous. [Art. 154, RPC]. Unliquidated. Not liquidated; not exactly ascertained; not adjusted or settled. Unliquidated damages or claims. Those which are not or cannot be known until definitely ascertained, assessed and determined by the courts after presentation of proof. [Central Azucarera de Bais v. CA, GR 87597. Aug. 3, 1990]. Unliquidated debt. Remaining not determined; unassessed or unsettled; in dispute as to the proper amount. Unliquidated obligation. Incurred obligation that has not been paid for as yet. Unnecessary expenditures. Expenditures not supportive of the implementation of the objectives and mission of the agency relative to the nature of its operation. This could also include incurrence of expenditure not dictated by the demands of good government, and those the utility of which cannot be ascertained at a specific time. An expenditure that is not essential or that which can be dispensed with without loss or damage to property is considered unnecessary. [COA Circular 88-55-A, dated 08 Sep. 1985]. Unorganized establishment. Establishment where there exists no certified bargaining agent. [ALU v. Calleja, GR 82260, July 19, 1989]. Unpaid. Not yet discharged by payment. Unpaid seller. The seller of goods who is deemed to be an unpaid seller: (a) when the whole of the price has not been paid or tendered; or (b) when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has been broken by reason of the dishonor of the instrument, the insolvency of the buyer, or otherwise. [Art. 1525, CC]. Unpaid seller, Rights of. (a) A lien on the goods or right to retain them for the price while he is in possession of them; (b) in case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them; (c) a right of resale; (d) a right to rescind the sale. Where the ownership in the goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu where the ownership has passed to the buyer. [Art. 1526, CC]. Unpatented. Not protected by patent.
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Unpatented mineral lands. Those lands which were located as mining claims under the provisions of the Phil. Bill of 1902 but are not yet covered by a mineral patent. [Sec. 18, PD 464]. Unprocessed. Unrefined: not refined or processed. Unprocessed food. Food that has not undergone any treatment that results in substantial change in the original state even if it may have been divided boned, skinned, peeled, ground, cut cleaned, trimmed, fresh-frozen or chilled. [Sec. 3, RA 8976]. Unregistered or Abandoned lands. Lands in urban and urbanizable areas which are not registered with the Register of Deeds, or with the city or municipal assessor's office concerned, or which are uninhabited by the owner and have not been developed or devoted for any useful purpose, or appears unutilized for a period of 3 consecutive years immediately prior to the issuance and receipt of publication of notice of acquisition by the Govt. as provided under the law. It does not include land which has been abandoned by reason of force majeure or any other fortuitous event: Provided, That prior to such event, such land was previously used for some useful or economic purpose. Unrelated trade, business or other activity. Any trade, business or other activity, the conduct of which is not substantially related to the exercise or performance by such educational institution or hospital of its primary purpose or function. [Sec. 27, NIRC, as amended]. Unsatisfactory conduct. Civ. Serv. The failure of the appointees to observe the propriety in their acts, behavior and human or public relations, and to irregular punctuality and attendance while performing their duties and responsibilities during the probationary period. [CSC Rules on Probationary Period for Permanent Appointment in the Career Service]. Unsecured. Made without an asset given as security. Unsecured claim. A claim that is not secured by a lien. [Sec. 4, RA 10142]. Unsecured creditor. A creditor with an unsecured claim. [Sec. 4, RA 10142]. Unsecured debts. In bankruptcy, debts such as open accounts at department stores for which the debtor has not pledged collateral to guarantee payment. Unsecured loan. A loan that is issued and supported only by the borrower's creditworthiness, rather than by a type of collateral. It is one that is obtained without the use of property as collateral for the loan. Unserviceable. Not ready for service; not capable of being used. Unserviceable property. A property that is not operational. It may be economically repairable or beyond economical repair. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Unsigned. Not identified or authorized by a person's signature. Unsigned pleading. Rem. Law. 1. [A pleading which is not] signed by the party or counsel representing him. [It] produces no legal effect. [Sec. 3, Rule 7,
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RoC]. 2. A defective verification [which is] treated as an unsigned pleading x x x, subject to the discretion of the court to allow the deficiency to be remedied. [Negros Oriental Planters Assoc., Inc. v. Presiding Judge of RTC-Negros Occ., Br. 52, GR 179878, Dec. 24, 2008]. Unsigned resolution. The manner of adjudication by which the Sup. Court disposes of the case on the merits, but its ruling is essentially meaningful only to the parties; has no significant doctrinal value; or is of minimal interest to the law profession, the academe, or the public. The resolution shall state clearly and distinctly the facts and the law on which it is based. [The Internal Rules of the Sup. Court, AM 10-4-20-SC, May 4, 2010]. Compare with Signed resolution. Unsolicited. Not asked for; given or done voluntarily. Unsolicited appearance. (The act of) willfully appearing as an attorney for a party to a case without authority so to do. [Porac Trucking v. CA, GR 81093. Oct. 15, 1991]. Unwarranted. Lacking adequate or official support; unjustified; unauthorized. [Gallego v. Sandiganbayan, GR L57841. July 30, 1982]. Unwilling co-plaintiff. Any party who should be joined as plaintiff but whose consent cannot be obtained may be made a defendant and the reason therefor shall be stated in the complaint. [Sec. 10, Rule 3, RoC]. Unwritten constitution. It consists of rules which have not been integrated into a single, concrete form but are scattered in various sources, such as statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions, and certain common law principles. [Cruz, Constl. Law, 1998 Ed., p. 4-5]. Compare with Written constitution. Unwritten law. Law in common-law countries which grew out of custom and which, without having been reduced to writing in the beginning, were handed down by tradition from one generation to another, and accepted by them as the law. [Francisco, Evidence, Vol. VII, Part 1, 1997 Ed., pp. 725-726]. UP. See University of the Philippines. Update. To make something more modern or up to date. Updating. Training to improve the performance of people in their occupation in respect to modern developments; new materials, tools, processes. [Sec. 1, Rule 1, Book 2, IRR of LC]. Upgrade. To raise something to a higher standard. Upgrading. Training for supplementary skills and knowledge in order to increase the versatility and occupational mobility of a worker or to improve his standard of performance. [Sec. 1, Rule 1, Book 2, IRR of LC]. Upgrading or Reclassification. The change in position title with the corresponding increase in salary grade. Positions are upgraded in order to attain effectively the functions and duties attached to the position and for the employee to perform an all-around adaptability in meeting diverse work assignments. This requires issuance of ap-
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pointment. [Sec. 4(k), Rule III, CSC MC 40, s.1998]. Upland. An area of high or hilly land. Upland farming. Planting of up-land crops which usu. require less water than other crops, as in non-irrigated and elevated farm areas. [Sec. 4, RA 7607]. Urban. In, relating to, or characteristic of a city or town. Urban areas. All cities regardless of their population density and to municipalities with a population density of at least 500 persons per square kilometer. [Sec. 3, RA 7279]. Urban blight. A run-down area of the city. See Urban decay. Urban decay. Also known as Urban blight. The process whereby a previously functioning city, or part of a city, falls into disrepair and decrepitude. Urban development. Development that improves the long-term social and ecological health of cities and towns. Urban Development and Housing Act of 1992 (UDHA). RA 7279 entitled An Act to provide for a comprehensive and continuing urban development and housing program, establish the mechanism for its implementation, and for other purposes enacted on Mar. 24, 1992. Urban land reform (ULR). Under the ULR, a landowner cannot ordinarily be compelled to sell the land to the tenant. It is only when the land is expropriated that he/she is forced to sell, but only after due process. In the event, however, that a landowner voluntarily decides to sell the property, the tenant has a preemptive right to buy the property or the right of first refusal before it can be legally sold to another. The law compels him merely to offer it first to the tenant. Urban Land Reform Act or Law. PD 1517 entitled Proclaiming urban land reform in the Phils. and providing for the implementing machinery thereof and signed into law on June 11, 1978. Urban land reform zones. See Areas for priority development. Urban lands. Lands which conform to any of the following criteria: (a) In their entirety, all cities and municipalities which have the population density of at least 1,000 persons per square kilometer and where at least 50% of the economically active population are engaged in nonagricultural activities; (b) All barangays comprising the former poblacion or barangays incl. a part of the former poblacion of cities or municipalities which have a population density of greater than 500 but less than 1,000 persons per square kilometer; and where at least 50% of the economically active population engaged in nonagricultural activities; (c) All barangays not included in items (a) and (b) above which have a population size of at least 1,000 and where at least 50% of the economically active population are engaged in non-agricultural activities. [Sec. 3, PD 1517]. Urban planning. 1. The branch of architecture dealing with the design and organization of urban space and activities. 2. Determining and drawing up plans for the future physical arrangement and condition of a community.
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Urban poor. 1. Individuals or families residing in urban centers and urbanizing areas whose income or combined household income falls below the poverty threshold as defined by the NEDA and/or cannot afford in a sustained manner to provide their minimum basic needs of food, health, education, housing and other essential amenities of life. [Sec. 3, RA 8425]. 2. Those residing in urban and urbanizable slum or blighted areas, with or without the benefit of security of abode, where the income of the head of the family cannot afford in a sustained manner to provide for the family's basic needs of food, health, education, housing, and other essentials in life. [Sec. 4, RA 9710]. Urban renewal. The process of redeveloping dilapidated or no longer functional urban areas. Urban sprawl. The uncontrolled expansion of urban areas. Urbanizable areas. Sites and lands which, considering present characteristics and prevailing conditions, display marked and great potential of becoming urban areas within the period of 5 years. [Sec. 3, RA 72797]. Urbanizable lands. Sites and land areas which, considering present characteristics and prevailing conditions, display a marked and high probability of becoming urban lands within the period of 5 to 10 years. [Sec. 3, PD 1517]. Uremia. A toxic clinical condition characterized by restlessness, muscular twitchings, mental disturbance, nausea, and vomiting associated with renal insufficiency brought about by the retention in blood of nitrogeneous urinary waste products. One of its causes is the obstruction in the flow of urinary waste products. [Narazo v. ECC, GR 80157. Feb. 6, 1990]. Ureterolithiasis. The presence of stone in the ureter. This stone originates from the kidney and are carried down to the ureter by urine flow. [Chavez v. ECC, GR L-61931. Mar. 31, 1987]. Usage. The customary method of performing or carrying out an activity that is followed by a particular group of people, such as people within a particular trade. Use. The act of injecting, intravenously or intramuscularly, or of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing into the physiological system of the body, any of the dangerous drugs. [Sec. 2, RA 6425]. Use immunity. Immunity which prohibits use of witness' compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness. [Galman v. Pamaran, GR 7120809. Aug. 30, 1985]. Compare with Transactional immunity. Use of dangerous drug. The act of injecting, intravenously or intramuscularly, or of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing into the physiological system of the body, any of the dangerous drugs. [Sec. 2, RA 6425]. Use of falsified documents. Crim. Law. The felony committed by any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use
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any of the false documents embraced in Art. 171, or in any of the subdivisions of Art. 172 of the Rev. Penal Code. [Art. 172, RPC]. Used secondhand article. Any goods, article, item, object or anything of value obtained from an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used. [IRR, Sec. 6, PD 1612]. Useful expenses. Those incurred for the enhancement of the utility or productivity of the property. [Ortiz v. Kayanan, GR L32974. July 30, 1979]. Compare with Necessary expenses. User-friendly. Easy to use. User-led strategy. Also Market-driven strategy. A strategy which promotes strengthened linkages bet. educational or training institutions and industry to ensure that appropriate skills and knowledge are provided by the educational system. [Sec. 3, RA 7796]. User. A person who takes illegal drugs; a drug user. Users. People who seek and can be provided access to court information for valid interests and objectives. They include litigants, general public, lawyers, and the partner agencies of the Access to Justice for the Poor Project. [RE: SC Access to Justice for the Poor Project, Art. 1, AM 05-2-01-SC, Mar. 13, 2007]. Using false certificates. Crim. Law. The felony committed by any one who shall knowingly use any of the false certificates mentioned in Art. 174 of the Rev. Penal Code. [Art. 175, RPC]. Using fictitious name and concealing true name. Crim. Law. The felony committed by any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage, or by any person who conceals his true name and other personal circumstances. [Art. 178, RPC]. Using forged signature or counterfeit seal or stamp. Crim. Law. The felony committed by any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in Art. 161 of the Rev. Penal Code. [Art. 162, RPC]. Usufruct. 1. A right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. [Art. 562, CC]. 2. The right to enjoy the property of another with the obligation of preserving its form and substance. (Jus alienis rebus utendi fruendi salva rerum substantia.) [Barretto v. Tuason, GR 23923. Mar. 23, 1926]. 3. The rights to the product of another's property. For example, a farmer may give a right of usufruct of his land to a neighbor, thus enabling that neighbor to sow and reap the harvest of that land. Usufruct, how extinguished. (a) By the death of the usufructuary, unless a contrary intention clearly appears; (b) by the expiration of the period for which it was constituted, or by the fulfillment of any resolutory condition provided in the title creating the usufruct; (c) by merger of the usufruct and ownership in the same person; (d) by renunciation of the usufructuary; (e) by the total loss of the thing in usufruct; (f) by the termination of the right of the person constituting the
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usufruct; (g) by prescription. [Art. 603, CC]. Usufructuary. Someone who holds property by usufruct. Usurer. One who lends money at a rate of interest greater than that established by law. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 413]. Usurious. Practicing usury; taking exorbitant interest for the use of money. Usurious contract. One which stipulates for the payment of more than lawful interest for the use of money, or forbearance of a debt. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 413]. Usurious interest. That which is paid or stipulated to be paid beyond the rate of interest established by law. [Martin, Commentaries and Jurisp. on Comml. Laws, Vol. 1, 1988 Rev. Ed., p. 415]. Usurp. To take a position of power or importance illegally or by force. Usurpation. A wrongful seizure or exercise of authority or privilege belonging to another; an encroachment. Usurpation of a name and surname. Civ. Law. [It] may be the subject of an action for damages and other relief. [Art. 377, CC]. Usurpation of authority or official functions. Crim. Law. The felony committed by any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Phil. Govt. or of any foreign government, or who, under pre-tense of official position, shall perform any act pertaining to any person in authority or public officer of the Phil. Govt. or any foreign government, or any agency thereof, without being lawfully entitled to do so. [Art. 177, RPC]. Usurpation of civil status. Crim. Law. The felony committed by any person who shall usurp the civil status of another, whether or not he should do so for the purpose of defrauding the offended part or his heirs. [Art. 348, RPC]. Usurpation of executive functions. Crim. Law. The felony committed by any judge who shall assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers. [Art. 240, RPC]. Usurpation of judicial authority. Crim. Law. Elements: (a) That the offender is an officer of the executive branch of the government; and (b) that he assumes judicial powers, or obstructs the execution of any order or decision rendered by any judge within his jurisdiction. [Muez v. Ario, AM MTJ-94-985. Feb. 21, 1995]. Usurpation of judicial functions. Crim. Law. The felony committed by any officer of the executive branch of the Govt. who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its jurisdiction. [Art. 241, RPC]. Usurpation of legislative powers. Crim. Law. The felony committed by any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal
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a law or suspending the execution thereof. [Art. 239, RPC]. Usurpation of name. Civ. Law. It implies some injury to the interests of the owner of the name. It consists in the possibility of confusion of identity bet. the owner and the usurper. It exists when a person designates himself by another name. [Tolentino v. CA, GR L-41427. June 10, 1988]. Usurpation of name. Civ. Law. Elements: (a) There is an actual use of another's name by the defendant; (b) the use is unauthorized; and (c) the use of another's name is to designate personality or identify a person. [Tolentino v. CA, GR L-41427. June 10, 1988]. Usurpation of public authority. The offense committed by any person who, with or without pretense of official position, shall perform any act pertaining to the Government, or to any person in authority or public officer, without being lawfully entitled to do so. [Sec. 1. RA 10]. Usurper. One who wrongfully or illegally seizes and holds the place of another. Usury. 1. Contracting for or receiving something in excess of the amount allowed by law for the loan or forbearance of money, goods or chattels. [Tolentino v. Gonzales, 50 Phil. 558 (1927)]. 2. That rate of interest charged for the loan of money which is in excess of the rate authorized by law. [Torres, Oblig. & Cont., 2000 Ed., p. 355]. 3. Extraction of interest on a loan above the maximum rate permitted by statute. 4. Excessive or illegal interest rate. Usury. Elements: (a) A loan, express or implied; (b) an understanding bet. the parties that the money lent shall or may be returned; (c) that for such loan a greater rate or interest that is allowed by law shall be paid, or agreed to be paid, as the case may be; and (d) a corrupt intent to take more than the legal rate for the use of money loaned. [Herrera v. Petrophil Corp., GR L-48349. Dec. 29, 1986]. Usury Law. Act 2655, as amended, which took effect on May 1, 1916. It is now legally inexistent because of Circular 905 of the Central Bank adopted on Dec. 22, 1982 which has expressly removed the interest ceilings prescribed by the Usury Law. [Torres, Oblig. & Cont., 2000 Ed., p. 43]. Ut res magis valeat quam pereat. Lat. 1. That construction [is to be] sought which gives effect to the whole of the statute its every word. [Tamayo v. Gsell, 35 Phil. 953, 980]. 2. That the thing may rather have effect than be destroyed. [JMM Promotions & Management v. NLRC, GR 109835. Nov. 22, 1993]. 3. A law should be interpreted with a view of upholding rather than destroying it. From this principle arises the rule that in construing a statute, that interpretation is to be adopted which will give force and effect to every word, clause and sentence of the enactment. Utang na loob. Tag. Gratitude which renders a man beholden to another, a sense of obligation which is valued as highly as pride and honor. [In re: Estrada, AM 87-9-3918-RTC. Oct. 26, 1987]. Uti possidetis. Lat. As you possess. A principle in international law that territory and other property remains with its pos-
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sessor at the end of a conflict, unless otherwise provided for by treaty; if such a treaty doesn't include conditions regarding the possession of property and territory taken during the war, then the principle of uti possidetis will prevail. Utile per inutile non vitiatur. Lat. What is useful is not vitiated by the useless. Utilitarian. Designed to be useful or practical rather than attractive. Utility. 1. An economic term referring to the total satisfaction received from consuming a good or service. 2. A company that generates, transmits and/or distributes electricity, water and/or gas from facilities that it owns and/or operates. Utilization. 1. The extraction or disposition of minerals. [Sec. 3, RA 7942]. 2. The act of employing, enjoying, applying, converting supplies or property for the purpose for which the same are acquired. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. 3. All operations involved in the manufacture, processing or conversion of raw corals into finished products. [Sec. 3, PD 1219]. Utilization equipment. Energyconsuming equipment incl. motors, heaters, furnaces, light sources and other devices which utilize electric energy, for any purpose. [Sec. 2, RA 7920]. Utilization review. A formal review of a patient utilization or of the appropriateness of health care services, on a prospective, concurrent or retrospective basis. [Sec. 1, RA 9241]. Utter. To put counterfeit money or false coins, for instance, into circulation. Uttering of coins. The circulation, passing of counterfeit coins. The act of giving away or delivering or passing to another counterfeit coins. [Gregorio, Fund. of Crim. Law Rev., 1997 9th Ed., p. 442].
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-VVacancy. An unoccupied position or job. Vacancy in the inheritance. Succ. Vacancy caused by any of the following: (a) predecease of one of the instituted heirs, legatees or devisees; (b) incapacity of one of the instituted heirs, legatees or devisees; (c) repudiation by one of the instituted heirs, legatees or devisees; (d) non-fulfillment of the suspensive condition attached to the institution of an heir or the designation of a legatee or devisee; and (e) void or ineffective testamentary dispositions. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 463]. Vacant. 1. Having no fixtures, furniture, or inhabitants; empty. 2. Not filled. Vacate. 1. To set aside. 2. To make void or annul; countermand. Vacated judgment. It makes a previous legal judgment legally void and is usu. the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court. Vaginismus. Legal Med. Painful spasm of the vagina during coitus. [Olarte, Legal Med., 1st Ed. (2004), p. 115]. Vagrancy. 1. The felony committed by any person who, not being included in the provisions of other articles of the Rev. Penal Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. 2. The offense decriminalized under RA 10158 enacted on Mar. 27, 2012.
Vagrant. 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling. [Sec. 1, Phil. Vagrancy Act (Act 519)]. 2. Any person who, not being included in the provisions of other articles of the Rev. Penal Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. [Art. 202, RPC]. Vague. Of uncertain, indefinite, or unclear character or meaning. Vague statute or act. A statute or act which lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application. It is repugnant to the Constitution in 2 respects: (a) it violates due process for failure to accord persons, esp. the parties targeted by it, fair notice of the conduct to avoid; and (b) it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Govt. muscle. [People v. Nazario, GR L44143. Aug. 31, 1988]. Vagueness. Unclearness by virtue of being poorly expressed or not coherent in meaning. Vagueness doctrine. An aspect of the due process requirement of notice, which holds that a law is facially invalid if persons of "common intelligence must necessarily guess as at its meaning and differ as to its application." Valid. Legally binding due to having been executed in compliance with the law.
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Valid consignation. Requisites: The debtor must show (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 and (e) that after the consignation had been made the person interested was notified thereof. [Ponce de Leon v. Syjuco Inc., 90 Phil., 311]. Valid delegation of power. Although Congress may delegate to another branch of the Govt. the power to fill in the details in the execution, enforcement or administration of a law, it is essential that said law: (a) be complete in itself, setting forth therein the policy to be executed, carried out or implemented by the delegate; and (b) fix a standard - the limits of which are sufficiently determinate or determinable to which the delegate must conform in the performance of his functions. [Pelaez v. Auditor General, GR L-23825. Dec. 24, 1965]. Valid dismissal. Labor. The lawful termination of employment based on causes directly attributable to the fault or negligence of the erring employee. Valid dismissal. Labor. Requisites: (a) The dismissal must be for any of the causes expressed in Art. 282 of the Labor Code, and (b) the employee must be given an opportunity to be heard and to defend himself. [Midas Touch Food Corp. v. NLRC, GR 111639. July 29, 1996]. Valid execution pending appeal. Civ. Pro. Execution during the pendency of an appeal which the court in its discretion allows when there are good reasons or compelling circumstances that justify immediate execution. Valid execution pending appeal. Civ. Pro. Requisites: (a) There must be a motion by the prevailing party with notice to the adverse party; (b) there must be good reasons for issuing execution; and (c) the good reasons should be stated in a special order. [Sasan v. CA, GR L-77201. Sep. 26, 1988]. Valid marriage. Fam. Law. Essential requisites: (a) Legal capacity of the contracting parties who must be a male and a female; and (b) Consent freely given in the presence of the solemnizing officer. [Art. 2, FC]. Valid marriage. Fam. Law. Formal requisites: (a) Authority of the solemnizing officer; (b) a valid marriage license except in the cases provided for in Chap. 2 of Title I of the Family Code; and (c) a marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than 2 witnesses of legal age. [Art. 3, FC]. Valid retrenchment. Requisites: (a) The losses expected should be substantial and not merely de minimis in extent; (b) the substantial losses apprehended must be reasonably imminent; (c) the retrenchment must be reasonably necessary and likely to effectively present the
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expected losses; and (d) the alleged losses, if already incurred, and the expected imminent losses sought to be forestalled, must be proved by sufficient and convincing evidence. [Catatista v. NLRC, 247 SCRA 46, Aug. 3, 1995]. Valid salvage claim. Necessary elements: (a) A marine peril; (b) service voluntarily rendered when not required as an existing duty or from a special contract; and (c) success in whole or in part, or that the service rendered contributed to such success. [Erlanger & Galinger v. Swedish East Asiatic Co., Ltd., 34 Phil. 178]. Valid search warrant. Requisites: (a) It must be issued upon probable cause; (b) the probable cause must be determined by the judge himself and not by the applicant or any other person; (c) in the determination of probable cause, the judge must examine, under oath or affirmation, the complainant and such witnesses as the latter may produce; and (d) the warrant issued must particularly describe the place to be searched and persons or things to be seized. [Lim v. Ponce de Leon, 66 SCRA 299]. Valid substituted service. Requisites: (1) Service of summons within a reasonable time is impossible; (2) the person serving the summons exerted efforts to locate the defendant; (3) the person to whom the summons is served is of sufficient age and discretion; (4) the person to whom the summons is served resides at the defendants place of residence; and (5) pertinent facts showing the enumerated circumstances are stated in the return of service. [Sandoval II v. HRET, 433 Phil. 290, 301 (2002)]. Validate. To check or prove the validity or accuracy of something. Validation. 1. The process of taking the biometrics of registered voters whose biometrics have not yet been captured. [Sec. 2, RA 10367]. 2. The written acceptance of an action of the civil aviation authority of another country in lieu of an action that RA 9497 assigns to the Dir. Gen. [of CAAP]. [Sec. 3, RA 9497]. Valuable. A thing that is of great worth, esp. a small item of personal property. Valuable consideration. Nego. Inst. It consists either in some right, interest, profit or benefit, accruing to the party who makes the contract or some forbearance, detriment, loss, responsibility, act, labor, or service on the other side. Value. 1. Any consideration sufficient to support a simple contract. [Sec. 3, PD 115]. 2. 2. Any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a receipt is taken either in satisfaction thereof or as security therefor. [Sec. 25, Act 2137]. Value added. The amount by which the value of an article is increased at each stage of its production, exclusive of initial costs. Value-added. Having features added to a basic line or model for which the buyer is prepared to pay extra. Value-added tax (VAT). Tax paid by a taxpayer only on the value added to a good.
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Valued. Held in great esteem for admirable qualities esp. of an intrinsic nature. Valued policy. Ins. A policy of insurance which expresses on its face an agreement that the thing insured shall be valued at a specific sum. [Sec. 61, IC]. Compare with Open policy. Variable. Not consistent or having a fixed pattern; liable to change. Variable contract. Ins. Any policy or contract on either a group or on an individual basis issued by an insurance company providing for benefits or other contractual payments or values thereunder to vary so as to reflect investment results of any segregated portfolio of investments or of a designated separate account in which amounts received in connection with such contracts shall have been placed and accounted for separately and apart from other investments and accounts. [Sec. 232 (2), IC]. Variance. The fact or quality of being different, divergent, or inconsistent. Variance doctrine. The doctrine embodied in Sec. 4, in relation to Sec. 5, Rule 120 of the Rev. Rules of Crim. Proc., which specifically provides that [w]hen there is variance bet. the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved and that [a]n offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form part of those constituting the latter. [People v. Leonardo, GR 181036, July 6, 2010]. Variant. Deviating from a standard, usu. by only a slight difference. Variety. A plant grouping within a single botanical taxon of the lowest known rank, that without regard to whether the conditions for plant variety protection are fully met, can be defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, distinguished from any other plant groupings by the expression of at least 1 characteristics, and considered as a unit with regard to the suitability for being propagated unchanged. A variety may be represented by seed, transplants, plants, tubers, tissue culture plantlets, and other forms. [Sec 3, RA 9168]. VAT. See Value added tax. VAT-exempt party. A person or entity granted VAT exemption under the Tax Code, a special law or an international agreement to which the Phils. is a signatory, and by virtue of which its taxable transactions become exempt from VAT. [Comm. of Int. Rev. v. Seagate Tech. (Phils.), 491 Phil. 317, 335 (2005)]. VAT-exempt sale. A sale of goods, properties or service and the use or lease of properties which is not subject to output tax and whereby the buyer is not allowed any tax credit or input tax related to such exempt sale.
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VAT-exempt transaction. A transaction [that] involves goods or services which, by their nature, are specifically listed in and expressly exempted from the VAT under the Tax Code, without regard to the tax status - VAT-exempt or not - of the party to the transaction. [Comm. of Int. Rev. v. Seagate Tech. (Phils.), 491 Phil. 317, 335 (2005)]. Vatican City. A city in Italy which has an independent govt. of its own, with the Pope, who is also head of the Roman Catholic Church, as the Holy See or Head of State, in conformity with its traditions, and the demands of its mission in the world. [Holy See v. Rosario, GR 101949. Dec. 1, 1994]. VAWC. See Violence against women and their children. VCD. Video Compact Disc. Vehicle. 1. Any carriage traveling on its own wheels or runners and used or intended to be used for the conveyance or carrying of persons, animals or goods. [Sec. 3, RA 4663]. 2. Any thing that is designed to transport persons or objects. A bicycle has been held to be a vehicle. Veinte nueve. Batangas knife. Also Beinte nueve. Veinte-nueve balisong. 29-inch knife. [People v. Lago, GR 121272, June 6, 2001]. Vendee. The buyer; the person buying. Vendee a retro. The vendee in a pacto de retro sale. Vendor. 1. The seller; the person selling. 2. Not. Rules. A seller of a notarial seal and shall include a wholesaler or retailer. [Sec. 19, Rule II, AM 02-8-13-SC]. Vendor a retro. The vendor in a pacto de retro sale. Veneer. A non structural facing of brick, concrete, tile, metal, plastic, glass, or other similar approved materials attached to a backing or structural components of the building for the purpose of ornamentation, protection, or enclosure that may be adhered, integrated, or anchored either on the interior or exterior of the building or structure. [Sec. 1203, PD 1096]. Venta con pacto de retracto. Sp. Sale with the right to repurchase. [Cruz v. Joaquin, GR 1170. Sep. 17, 1903]. Venue. 1. The place of the court where the trial is to take place. [Torres, Oblig. & Cont., 2000 Ed., p. 355]. 2. Authority of a court to hear a matter based on geographical location. 3. The location of a judicial hearing. Compare with Jurisdiction. Venue of personal actions. Actions affecting title to or possession of personal property, or interest therein may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff. [Sec. 2, Rule 4, RoC]. Venue of real actions. Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion
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thereof, is situated. [Sec. 1, Rule 4, RoC]. Verba accipienda sunt secundum subjectam materiam. Lat. Words are to be understood with reference to the subject-matter. Verba fortius accipiuntur contra proferentem. Lat. A principle of construction whereby if the words of a contract are ambiguous, or of 2 equally possible meanings, they should be interpreted against the author of the words and not against the other party. Verba intentioni, non e contra, debent inservire. Lat. Words ought to be more subservient to the intent and not the intent to the words. [Phil. Consumers Foundation, Inc., v. NTC, GR L-63318. Aug. 18, 1984]. Verba legis. Lat. Letter of the law. Verba legis non est recedendum. Lat. From the words of a statute there should be no departure. [Globe-Mackay Cable and Radio Corp. v. NLRC, 206 SCRA 701 (1992)]. Verba legis non est recedendum, index animi sermo est. Lat. There should be no departure from the words of the statute, for speech is the index of intention. [J. Carpio Morales, Dissenting Opinion, De Castro v. JBC, GR 191002. Mar. 17, 2010]. Verbal acts. Statements accompanying an equivocal act material to the issue, and giving it a legal significance. Compare with Spontaneous statements. Verbatim. In exactly the same words as were used originally; word for word. Verdict. 1. A conclusion, as to fact or law, that forms the basis for the court's judgment. 2. The decision of a court. 3. In criminal cases, this is usu. expressed as "guilty" or "not guilty". In a civil case, the verdict would be a finding for the plaintiff or for the defendant. Verification. Civ. Pro. 1. An affidavit that verifies a pleading to the effect that the affiant has read the same and that the allegations therein are true and correct of his knowledge and belief. [Sec. 4, Rule 7, RoC]. 2. A certification under oath by a party or a person who has authority to act for a party that he has read the pleading or motion, and that he certifies to the truth of the facts stated therein on the basis of his own personal knowledge or authentic documents in his possession. When made by a lawyer, verification shall mean a statement under oath by a lawyer signing a pleading or motion for delivery to the Court or to the parties that he personally prepared the pleading or motion, that there is sufficient factual basis for the statements of fact stated therein, that there is sufficient basis in the facts and the law to support the prayer for relief therein, and that the pleading or motion is filed in good faith and is not interposed for delay. [Special Rules of Court on ADR, Rule 1.11, AM 07-11-08-SC, Sept. 1, 2009]. Verification. Civ. Pro. Purpose: To secure an assurance that the allegations in the petition have been made in good faith, or are true and correct and not merely speculative. The requirement is simply a condition affecting the form of pleadings and non-compliance therewith is neither jurisdictional nor does it render the pleading fatally defective. [Guy v. Asia United Bank, GR 174874, Oct. 4, 2007].
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Veritas simplex oratio est. Lat.The language of truth is simple. [People v. Malunes, GR 114692. Aug. 14, 1995]. Vermin. A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice and rats which are vectors of diseases. [Sec. 69, PD 856]. Vertical shaft. An enclosed vertical space of passage that extends from floor to floor, as well as from the base to the top of the building. [Sec. 3, PD 1185; Sec. 3, RA 9514]. Vessel. 1. Every type of boat, craft, or other artificial contrivance used, or capable of being used, as a means of transportation on water. [Sec. 131, RA 7160]. 2. Every description of watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on water. [Sec. 3, PD 600]. 3. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Phil. Waters. It shall include all kinds and types of vessels or boats used in fishing. [Sec. 2, PD 532]. See Ship. Vessels. Also Watercraft. Any barge, lighter, bulk carrier, passenger ship freighter, tanker, container ship, fishing boats or other artificial contrivance utilizing any source of motive power, designed, used or capable of being used as a means of water transportation operating either as common contract carrier, incl. fishing vessels covered under PD 43, except (i) those owned and/or operated by the Armed Forces of the Phils. and by foreign governments for military purposes, and (ii) bancas, sailboats and other waterborne contrivance of less than 3 gross tons capacity and not motorized. [Sec. 3, PD 474]. Vested. 1. Secured in the possession of or assigned to a person. 2. Protected or established by law or contract. Vested interest. A personal stake or involvement in an undertaking or state of affairs, esp. one with an expectation of financial gain. Vested right. 1. One whose existence, effectivity and extent do not depend upon events foreign to the will of the holder, or to the exercise of which no obstacle exists, and which is immediate and perfect in itself and not dependent upon a contingency. [Reyes v. COA, GR 125129, Mar. 29, 1999]. 2. Some right or interest in property which has become fixed and established and is no longer open to doubt or controversy. [Downs v. Blount, 170 Fed. 15,20, cited in Balboa v. Farrales, 51 Phil. 498, 502]. 3. A right having been created by the appropriate law, the recognition of its existence should follow everywhere. Thus an act valid where done cannot be called in question anywhere. [Beale, A Selection of Cases on the Conflicts of Laws, vol. 3, 1902 at p. 517]. Vested rights doctrine. The doctrine that holds that the duty to recognize another jurisdiction's law was not dependent on comity, with its expectation of reciprocity, but rather on the mere fact that such rights had been validly created under the foreign law of their place of origin, i.e. that they were vested rights. Vestibule. A passage hall or antechamber bet. the outer doors and the interior parts of a house or building. [Sec. 3, PD 1185; Sec. 3, RA 9514].
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Veteran. 1. Any person who: (1) rendered military service in the land, sea or air forces of the Phils. during the revolution against Spain, the Phil.-Amer. War, and World War II, incl. Filipino citizens who served with the Allied Forces in Phil. territory; (2) was a member of the Phil. Expeditionary Forces sent to the Korean War and the Phil. Civic Action Group sent to the Vietnam War; (3) rendered military service in the AFP and has been honorably discharged or retired after at least 20 years total cumulative active service or sooner separated while in the active service in the AFP due to death or disability arising from a wound or injury received or sickness or disease incurred in line of duty. [Sec. 1, RA 9396]. 2. Any person or persons who served in the regularly constituted air, land, or naval services or army, or in such nonregularly organized military units in the Phils. during World War II and whose services with such units are duly recognized by the Rep. of the Phils. or by the US Govt., those who served in the Phil. Expeditionary Force to Korea and Vietnam, or in any armed conflict in which the Phils. may be involved in the future, and the retirees and pensioners of the AFP, and the military personnel who served in the post World War II military service for at least 10 years. Provided, That the said veterans or retirees have been discharged under honorable conditions from the service or continue in the active military service or are carried in the military roster on inactive reserve: Provided, further, That for purposes of PD 1906, the term shall also include the widows, orphans and compulsory heirs of deceased veterans in the direct ascending line and direct descending line, excluding their grandchildren and greatgrandchildren. [Sec. 4, PD 1906]. 3. The term shall include all military personnel who served with the military forces of the Phils. during the revolution against Spain, the Spanish-Amer. War, World War I, World War II, and the Korean conflict. [Sec. 2, RA 2664]. Veterinarian. A natural person who has been registered and issued a valid Certificate of Registration and Professional Identification Card by the Professional Regulatory Board of Veterinary Medicine in accordance with RA 9268. [Sec. 4, RA 9268]. Veterinary. Of or relating to the diseases, injuries, and treatment of farm and domestic animals. Veterinary drugs. Drugs intended for use for animals incl. any drug intended for use in animal feeds but not incl. animal feeds within the contemplation of the IRR. [Sec. 9, RA 9711]. Veterinary Inspector or Meat Control Officer. An inspector who is professionally qualified as a veterinarian duly appointed by the NMIS or the LGU responsible for the supervision and control of meat hygiene incl. meat inspection. [Sec. 4, RA 9296]. Veterinary medicine. The branch of medicine that deals with the diagnosis and treatment of diseases and injuries of animals esp. domestic animals. Veterinary or Human barbiturates. Drugs that depress the function of the central nervous system. [Sec. 3, RA 9482]. Veto. Admin. Law. 1. The vested power or constitutional right of one branch or department of government to refuse approval of measures proposed by another
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department, esp. the power of a chief exec. to reject a bill passed by the legislature and thus prevent or delay its enactment into law. 2. The refusal of assent by the executive officer whose assent is necessary to perfect a law which has been passed by the legislative body, and the message which is usu. sent to such body by the executive, stating such refusal and the reasons therefor. Veto. Intl. Law. The negative vote which any of the permanent members of the UN Security Council is allowed to cast in the decision of non-procedural questions. The effect of this veto is to defeat the measure under consideration even if supported by a majority or, in fact, all of the other members of the Council. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 29]. Veto message. An official document or message from a chief exec. to the legislative body stating the reasons for his rejection of a bill or of specific provisions thereof. Veto power of the President. The general power of the Pres. to veto the entire bill, not merely parts thereof. [Sec. 27(1), Art. VI, 1987 Consti.]. The exception to the general veto power is the power given to the Pres. to veto any particular item or items in a general appropriations bill [Sec. 27(1), Art. VI, 1987 Consti.]. In so doing, the Pres. must veto the entire item. [Phil. Consti. Assoc. v. Enriquez, GR 113105. Aug. 19, 1994]. Via trita est tuttisima. Lat. The trodden path is the safest path. [Tolentino v. Sec. of Finance, GR 115455. Aug. 25, 1994]. Vicarious. Endured or done by one person substituting for another. Vicarious liability. A situation in which one party is held partly responsible for the unlawful actions of a 3rd party. The 3rd party also carries his or her own share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for and have control over a 3rd party, and is negligent in carrying out that responsibility and exercising that control. Vicarious liability doctrine. The doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship such as parent and child, employer and employee, or owner of vehicle and driver, to exercise such care as a reasonably prudent person would use under similar circumstances. Also referred to as Imputed negligence doctrine. Vice. 1. N. A fault, defect, or flaw. 2. Prep. Instead of; in the place of. Vices of consent. The following vices or defects vitiate consent and render the contract voidable: (a) mistake or error; (b) force or violence; (c) intimidation; (d) undue influence; and (e) fraud. [Art. 1330, CC]. Victim. 1. The disappeared person and any individual who has suffered harm as a direct result of an enforced or involuntary disappearance as defined in letter (b) of Sec. 3 of RA 10353. [Sec. 3, RA 10353]. 2. The person subjected to torture or other cruel, inhuman and degrading treatment or punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture, or other cruel, inhuman and de-
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grading treatment or punishment. [Sec. 3, RA 9745]. Victimless crimes. 1. Offenses where there are no private offended parties. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009].2. Those crimes where, by the very nature thereof, no damages can possibly be sustained by a private party, such as espionage, violation of neutrality, flight to enemy country or crimes against popular representation. [People v. Quijada, GR 115008-09. July 24, 1996]. Videlicet. Lat. To wit or That is to say. Abbrev. Viz. It is often found in legal documents to advise that what follows provides more detail about a preceding general statement. For example: "The defendant committed adultery; viz., on Apr. 15th, at approximately 10:30 pm, he had sexual intercourse with Ms. Jane Doe." Vigilantibus et non dormientibus jura subveniunt. Lat. The laws serve the vigilant, not those who sleep. 1. If eternal vigilance is the price of liberty, one cannot sleep on one's right. [Dela Cruz v. Dela Cruz, GR L-61969. July 25, 1984]. 2. The laws serve the vigilant, not those who sleep. [Heirs of Sps.Ferrer and Puhawan v. Napocor, GR 190384, July 5, 2010]. Vigilantibus, non dormientibus, jura subveniunt. Lat. Laws must come to the assistance of the vigilant, not of the sleepy. [Claverias v. Quingco, GR 77744, Mar. 6, 1992]. Village. See Subdivision. Vinculum juris. Lat. Bond of law. See Juridical or Legal tie. Vindictive damages. Exemplary or corrective damages [that] are intended to serve as a deterrent to serious wrong doings, and as a vindication of undue sufferings and wanton invasion of the rights of an injured or a punishment for those guilty of outrageous conduct. X x x. [O]ften used to refer to those species of damages that may be awarded against a person to punish him for his outrageous conduct. In either case, these damages are intended in good measure to deter the wrongdoer and others like him from similar conduct in the future [People v. Catubig, 416 Phil. 102 (2001)]. See Exemplary damages and Punitive damages. Vino Kulafu. See Kulafo. Violation. Injury; infringement; breach of right, duty or law; ravishment; seduction. Violation of domicile. Crim. Law. The felony committed by any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so. [Art. 128, RPC]. Violation of neutrality. Crim. Law. The felony committed by anyone who, on the occasion of a war in which the (Phil.) Govt. is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality. [Art. 119, RPC].
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Violation of parliamentary immunity. Crim. Law. The felony committed by any person who shall use force, intimidation, threats, or fraud to prevent any member of the Natl. Assembly [Congress of the Phils.] from attending the meetings of the Assembly [Congress] or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; or by any public officer or employee who shall, while the Assembly [Congress] is in regular or special session, arrest or search any member thereof, except in case such member has committed a crime punishable under the Rev. Penal Code by a penalty higher than prision mayor. [Art. 145, RPC]. Violence. Unjust or unwarranted exercise of force, usu. with the accompaniment of vehemence, outrage or fury. Violence against women. Any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women, incl. threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or in private life. It shall be understood to encompass, but not limited to, the following: (1) Physical, sexual, psychological, and economic violence occurring in the family, incl. battering, sexual abuse of female children in the household, dowry-related violence, marital rape, and other traditional practices harmful to women, nonspousal violence, and violence related to exploitation; (2) Physical, sexual, and psychological violence occurring within the general community, incl. rape, sexual abuse, sexual harassment, and intimidation at work, in educational institutions and elsewhere, trafficking in women, and prostitution; and (3) Physical, sexual, and psychological violence perpetrated or condoned by the State, wherever it occurs. It also includes acts of violence against women as defused in RAs 9208 and 9262. [Sec. 4, RA 9710]. Violence against women and their children (VAWC). Any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse incl. threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. [Sec. 3, RA 9262]. Violence against women through harassment. Elements: 1. The offender has or had a sexual or dating relationship with the offended woman; 2. the offender, by himself or through another, commits an act or series of acts of harassment against the woman; and 3. the harassment alarms or causes substantial emotional or psychological distress to her. [Ang v. CA, GR 182835. Apr. 20, 2010]. Violence to vitiate consent. There is violence when in order to wrest consent, serious or irresistible force is employed. When this is present, consent is not free. [Diaz, Bus. Law Rev., 1991 Ed., p. 69].
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Violent. Moving, acting, or characterized, by physical force, esp. by extreme and sudden or by unjust or improper force. Vir. Lat. Man or husband. Vir et uxor censentur in lege una persona is an old (and long abandoned in most countries) legal principle meaning that man and wife are considered to be one person in law. Virgin. Legal Med. A woman who has had no carnal knowledge of man and whose genital organs have not been altered by carnal connection. [Olarte, Legal Med., 1st Ed. (2004), p. 122]. Compare with Chaste. Virginity. Legal Med. The state of not knowing the nature of sexual life and not having experienced sexual relation (moral virginity). A condition whereby a woman is conscious of the nature of sexual life but has not experienced sexual intercourse (physical virginity). [Olarte, Legal Med., 1st Ed. (2004), p. 122]. Compare with Chastity. Visa. 1. An official endorsement on a document or passport denoting that the bearer may proceed. 2. Formal authorization to enter a country. Visit, Right of. Intl. Law. Right of a warship or military aircraft on the high seas to approach a foreign ship if the warship or aircraft has reasonable grounds for suspecting that the foreign ship is. (a) engaged in piracy, (b) engaged in the slave trade, (c) engaged in unauthorized broadcasting, (d) a ship without a nationality, or (e) a ship that refuses to fly a flag or is flying a foreign flag when it actually has the same nationality as the warship or aircraft. Visitation right. The right of access of a noncustodial parent to his or her child or children. [Silva v. CA, GR 114742. July 17, 1997, 6th Ed., p. 1572]. Visitorial and enforcement power. The power [of the Sec. of Labor] to issue compliance orders to give effect to the labor standards provisions of the Labor Code and other labor legislation based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection. The Secretary or his duly authorized representatives shall issue writs of execution to the appropriate authority for the enforcement of their orders, except in cases where the employer contests the findings of the labor employment and enforcement officer and raises issues supported by documentary proofs which were not considered in the course of inspection. [Art. 128(b), LC]. Visitorial power. The power of the Sec. of Labor or his duly authorized representative to inquire, from time to time, into the financial activities of legitimate labor organizations and to examine their books of accounts and other records to determine compliance or non-compliance with the law and to prosecute any violations of the law and the union constitution and by-laws. [Art. 274, LC]. Vital industries. Public utilities, incl. transportation and communication, companies engaged in the manufacture, processing or distribution of fuel gas, gasoline and fuel or lubricating oil, companies engaged in the production or processing of essential commodities or products for export, and companies engaged in banking of any kind, as well as hospitals, schools and colleges. [Sec. 2, PD 823].
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Vital information. Any information, document, book, writing or any other evidence necessary to build up to the people's case and/or secure the conviction of criminals. [Sec. 1, PD 1731]. Vital records. Records containing information essential for: emergency operation during a disaster; the resumption and/or continuation of operations; the re-establishment of the legal, financial and/or functional status of the organization; and the determination of the rights and obligations of individuals and corporate bodies with respect to the organization. [Sec. 4, RA 9470]. Viva voce. Lat. Live voice. 1. As applied in the examination of witness, this phrase is equivalent to orally. 2. A voting method used by deliberative assemblies such as legislatures in which a vote is taken on a topic or motion by responding verbally. Also called Voice vote. Vivero de peces. Sp. Fishery. [Ledesma, Kappeler & Co. v. Dir. Of Lands, GR L14223, Oct. 13, 1919]. Viz. Lat. Abbrev. for videlicet. Short for "namely" or "that is to say." Vocation. An occupation to which a person is specially drawn or for which he or she is suited, trained, or qualified. Vocational. Of or relating to an occupation or employment. Vocational preparation training. A range of training activities primarily aimed at the youth and covering any or all of the following: (a) First introduction to work of a vocational character covering a range of occupational activities; (b) preparing the youth for choosing an occupation or a line of training; (c) acquainting the youth with different materials, tools, machines, procedures and elementary theoretical knowledge relevant to a group of occupations; (d) providing the youth with working methods and standards expected at work; and (e) giving the youth basic knowledge about contributions which they may be able to make to the economic and social development of the country. [Sec. 1, Rule 1, Book 2, IRR of LC]. Voice vote. A voting method used by deliberative assemblies such as legislatures in which a vote is taken on a topic or motion by responding verbally. See Viva voce. Void. 1. Invalid; a void agreement is one for which there is no remedy. 2. Not legally binding. A document that is void is useless and worthless; as if it did not exist. For example, contracts for immoral purposes are said to be "void": unenforceable and not recognized by the courts. A good example is a contract to commit a serious crime such as murder. Void contract. One which has no force and effect from the very beginning, as if it had never been entered into, and which cannot be validated either by time or by ratification. [Palmera v. CSC, GR 110168. Aug. 4, 1994]. Also Inexistent contract. Void donations. See Donation, when void. Void donations. (1) Those made bet. persons who were guilty of adultery or concubinage at the time of the donation; (2) Those made bet. persons found guilty of the same criminal offense, in consideration thereof; (3) Those made
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to a public officer or his wife, descedants and ascendants, by reason of his office. [Art. 739, CC]. Void for vagueness doctrine. Consti. Law. 1. The rule that a statute or act may be said to be vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application. It is repugnant to the Constitution in 2 respects: (a) it violates due process for failure to accord persons, esp. the parties targeted by it, fair notice of the conduct to avoid; and (b) it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Govt. muscle. [People v. Nazario, GR L-44143. Aug. 31, 1988]. 2. The doctrine that states that the law is unconstitutional if it is vague so that the act prohibited therein has not been defined clearly. Compare with Overbreadth doctrine. Void judgment. 1. [A judgment rendered by a court which] had no power to grant the relief or no jurisdiction over the subject matter or over the parties or both. [Quiao v. Quiao, GR 176556, July 4, 2012]. 2. It is in legal effect no judgment. By it no rights are divested. From it no rights can be obtained. Being worthless in itself, all proceedings founded upon it are equally worthless. It neither binds nor bars any one. All acts performed under it and all claims flowing out of it are void. The parties attempting to enforce it may be responsible as trespassers. The purchaser at a sale by virtue of its authority finds himself without title and without redress. [Gomez v. Concepcion, 47 Phil. 717, 722-723]. Void marriages due to absence of any of the essential requisites. The following marriages shall be void from the beginning due to absence of any of the essential requisites: (a) Those contracted by any party below 18 years of age even with the consent of parents or guardians; (b) those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; (c) those solemnized without license, except those exempted from license requirement; (d) Those bigamous or polygamous marriages not failing under Art. 41, FC); (e) those contracted through mistake of one contracting party as to the identity of the other; (f) those subsequent marriages that are void under Art. 53, FC; or (g) those contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. [Arts. 35 and 36, FC]. Void marriages for reasons of public policy. The following marriages shall be void from the beginning for reasons of public policy: (a) bet. collateral blood relatives whether legitimate or illegitimate, up to the 4th civil degree; (b) bet. step-parents and step-children; (c) bet. parents-in-law and children-in-law; (d) bet. the adopting parent and the adopted child; (e) bet. the surviving spouse of the adopting parent and the adopted child; (f) bet. the surviving spouse of the adopted child and the adopter; (g) bet. an adopted child and a legitimate child of the adopter; (h) bet. adopted children of the same adopter; and (i) bet. parties where one, with the intention to marry
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the other, killed that other person's spouse, or his or her own spouse. [Art. 38, FC]. Void or Inexistent contracts. Contracts which are inexistent and void from the beginning, viz: (a) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy; (b) those which are absolutely simulated or fictitious; (c) those whose cause or object did not exist at the time of the transaction; (d) those whose object is outside the commerce of men; (e) those which contemplate an impossible service; (f) those where the intention of the parties relative to the principal object of the contract cannot be ascertained; (g) those expressly prohibited or declared void by law [Art. 1409, CC]; and (g) those which are the direct results of previous illegal contracts [Art. 1422, CC]. Void order. [An order which] is not entitled to the respect accorded to a valid order. It may be entirely disregarded or declared inoperative by any tribunal in which effect is sought to be given to it. It has no legal or binding effect or efficacy for any purpose or at any place and thus cannot affect, impair or create rights. It is not entitled to enforcement and is, ordinarily, no protection to those who seek to enforce the same. [Acosta v. Salazar, GR 161034, June 30, 2009 paraphrasing MWSS v. Sison, GR L-40309, Aug. 31, 1983]. Voidable. 1. Capable of being declared invalid; a voidable contract is one where a person may avoid his obligation, as a contract bet. an adult and a minor. 2. The law distinguishes bet. contracts which are void and those which are voidable. Some contracts have such a latent defect that they are said to be void (see definition of void above). Others have more minor defects to them and are voidable at the option of the party victimized by the defect. Voidable contract. Civ. Law. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud. [Hernandez v. Hernandez, GR 158576. Mar, 9, 2011, Art. 1330, CC]. Voidable marriage. A marriage which may be annulled for any of the following causes, existing at the time of the marriage: (a) The party in whose behalf it is sought to have the marriage annulled was 18 years of age or over but below 21, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of 21, such party freely cohabited with the other and both lived together as husband and wife; (b) either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; (c) the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; (d) the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; (e) either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or (f) either party was afflicted with a sexuallytransmissible disease found to be seri-
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ous and appears to be incurable. [Art. 45, FC]. Voidable or Annullable contract. A contract that possesses all the essential requisites of a contract, namely: consent, object and cause, but has a defect or vice in that the consent is vitiated either by mistake, violence, intimidation, undue influence, fraud or that one of the contracting parties is incapable of giving consent to the contract. [Diaz, Bus. Law Rev., 1991 Ed., p. 88]. Voidable or Annullable contracts. Contracts that are voidable or annullable, even though there may have been no damage to the contracting parties, such as: (a) those where one of the parties is incapable of giving consent to a contract; (b) those where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud [Art. 1390, CC]; and (c) those agreed to in a state of drunkenness; or (d) those agreed to during a hypnotic spell. [Art. 1328, CC]. Voir dire. Fr. To speak the truth. 1. In Amer. jurisprudence, the term denotes preliminary examination under oath of prospective jurors. The examination is conducted to determine the competency or qualifications of the witness in case it is objected to. When the court subjects the witness to voir dire, the court reminds him or her about the consequences of the truth. When the court is satisfied that the influence of fear or hope has been ruled out, then the confession of the witness can be deemed voluntary. [People v. Miscala, GR 91016. Sep. 27, 1991]. 2. The preliminary examination made in court of a witness or juror to determine his competency or interest in a matter. Also called Voir dire examination. Volatile. 1. Easily evaporated at normal temperatures. 2. Tending to erupt into violence. Volatile substances. Any liquid, solid or mixed substance having the property of releasing toxic vapors or fumes containing one or more of the [therein specified] chemical compounds x x x or any other chemical substance which when sniffed, smelled, inhaled, or introduced into the physiological system of the body produces or induces a condition of intoxication, inebriation, excitement, stupefaction, dulling of the brain or nervous system, depression, giddiness, paralysis, or irrational behaviour or in any manner changing, distorting or disturbing the auditory, visual or mental processes. [Sec. 1, PD 1619]. Volenti non fit injuria. Lat. To a willing person, injury is not done. 1. To which a person assents is not esteemed in law as injury. [Nikko Hotel Manila Garden v. Reyes, GR 154259, Feb. 28, 2005]. 2. That to which a person assents is not deemed in law an injury. Consent to injury. Voluntary assumption of risk. A defense in tort that means where a person engages in an event accepting and aware of the risks inherent in that event, then he cannot later complain of, or seek compensation for an injury suffered during the event. Volenti non fit injuria doctrine. A common law doctrine that states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. See Doctrine of volenti non fit injuria.
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Volition test. That there be a total deprivation of freedom of the will. Compare with Cognition test. Voltage. The highest effective potential difference bet. any 2 conductors of the circuit concerned expressed in volts. [Sec. 2, RA 7920]. Volte-face. Fr. An about-face; a reversal, as in policy or decision. Voluntarily committed child. 1. One whose parent(s) or legal guardian knowingly and willingly relinquished parental authority to the DSWD or any duly accredited child-placement or child-caring agency or institution. [Sec. 2, RA 9523]. 2. A child whose parent(s) knowingly and willingly relinquishes parental authority to the DSWD. [Sec. 3, RA 8552]. Compare with Involuntarily committed child. Voluntary. Done, given, or acting of one's own free will. Voluntary acknowledgment. See Voluntary recognition. Voluntary act. A free, intelligent, and intentional act. [US v. Ah Chong, GR 5272. Mar. 19, 1910]. Voluntary appearance. A waiver of the necessity of a formal notice. An appearance in whatever form, without expressly objecting to the jurisdiction of the court over the person, (which) is a submission to the jurisdiction of the court over the person. [Flores v. Zurbito, 37 Phil. 746, 750; reiterated in Busuego v. CA, 151 SCRA 376, 385]. Voluntary arbitration. The reference of a dispute to an impartial body, the members of which are chosen by the parties themselves, which parties freely consent in advance to abide by the arbitral award issued after proceedings where both parties had the opportunity to be heard. [Hi-Precision Steel Center, Inc. v. Kim Steel Builders, Inc., GR 110434. Dec. 13, 1993]. Compare with Compulsory arbitration. Voluntary arbitrator. Any person accredited by the Natl. Conciliation and Mediation (NCMB) as such, or any person named or designated in the collective bargaining agreement, by the parties to act as their voluntary arbitrator, or one chosen, with or without the assistance of the NCMB, pursuant to a selection procedure agreed upon in the collective bargaining agreement, or any official that may be authorized by the Sec. of Labor and Employment to act as voluntary arbitrator upon the written request and agreement of the parties to a labor dispute. [Sec. 1, Rule 1, Book 5, IRR of LC]. Voluntary compensation. This takes place when there is compensation by agreement of the parties as in the case of mutual set-off of accounts. [Torres, Oblig. & Cont., 2000 Ed., p. 141]. Compare with Legal compensation. Voluntary deposit. Civ. Law. A deposit wherein the delivery is made by the will of the depositor. [Art. 1968, CC]. Compare with Necessary deposit. Voluntary easements. Civ. Law. 1. Easements established by the will of the owners. [Art. 619, CC]. 2. (They are) extinguished upon (their) renunciation by the owner of the dominant estate. [Art. 631, CC].
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Voluntary heir. Succ. 1. An heir who is called to the whole or to an aliquot part of the free portion of the inheritance by virtue of a will. [Jurado, Comments & Jurisp. on Succ., 1991 8th Ed., p. 104]. 2. A kind of heir who is instituted by the testator in his will, to succeed to the portion of the inheritance of which the testator can freely dispose. They succeed by reason of a will. Voluntary HIV testing. HIV testing done on an individual who, after having undergone pre-test counseling, willingly submits himself/herself to such test. [Sec. 4, RA 8496]. Voluntary period. See Conventional period. Voluntary proceedings. Proceedings initiated by the debtor. [Sec. 4, RA 10142]. Voluntary recognition. An admission of the fact of paternity or maternity by the presumed parent, expressed in the form prescribed by the Civ. Code. Its essence lies in the avowal of the parent that the child is his; the formality is added to make the admission incontestable, in view of its consequences. [GapusanChua v. CA, GR 46746. Mar. 15, 1990]. Compare with Compulsory recognition. Voluntary recognition of natural children. An admission of the fact of paternity or maternity by the presumed parent, expressed in the form prescribed by the Civ. Code. Its essence lies in the avowal of the parent that the child is his; the formality is added to make the admission incontestable, in view of its consequences. [Gapusan-Chua v. CA, GR 46746. Mar. 15, 1990]. Also Voluntary acknowledgment. Compare with Compulsory recognition. Voluntary resignation. Labor. The voluntary act of an employee who finds himself in a situation where he believes that his personal reasons for resigning cannot be sacrificed in favor of the exigency of the service, and where he has no other choice but to disassociate himself from his employment. [Habana v. NLRC, GR 121486, Nov. 16, 1998]. Voluntary sectors. Those sectors of Phil. society that organizes themselves into volunteers to take advocacy and action primarily for local and national development as well as international cooperation and understanding. [Sec. 4, RA 9418]. Voluntary surrender. A surrender [which] must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because he acknowledges his guilt, or he wishes to save them the trouble and expense necessarily incurred in his search and capture. Voluntary surrender presupposes repentance. [People v. Barcimo, Jr., 467 Phil. 709, 720-721 (2004)]. Voluntary surrender. Elements that must be present for it to be appreciated as a mitigating circumstance: (a) the offender has not been actually arrested; (b) the offender surrendered himself to a person in authority; and, (c) the surrender must be voluntary. All these requisites appear to have attended their surrender. [People v. Canamo, GR 62043, 13 Aug. 1985]. Volunteer. An individual or group who for reasons arising from their sociodevel-
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opmental, business and corporate orientation, commitment or conviction, contribute time, service and resources whether on full- time or part-time basis to a just and essential social development cause, mission or endeavor in the belief that their activity is mutually meaningful and beneficial to public interest as well as to themselves. [Sec. 4, RA 9418]. Volunteer Act of 2007. RA 9418 entitled An Act Institutionalizing a Strategy for Rural Development, Strengthening Volunteerism and for Other Purposes enacted on Apr. 10, 2007. Volunteer service organization. A local or foreign group that recruits, trains, deploys and supports volunteer workers to programs and projects implemented by them or by other organizations or any group that provides services and resources, incl. but not limited to, information, capability building, advocacy and networking for the attainment of the common good. [Sec. 4, RA 9418]. Volunteerism. An act involving a wide range of activities, incl. traditional forms of mutual aid and developmental interventions that provides an enabling and empowering environment both on the part of the beneficiary receiving and the volunteer rendering the act, undertaken for reasons arising from sociodevelopmental, business or corporate orientation, commitment or conviction for the attainment of the public good and where monetary and other incentives or reward are not the primary motivating factors. [Sec. 4, RA 9418]. Vote. A formal expression of preference for a candidate for office or for a proposed resolution of an issue. Vote buying and vote selling. The election offense commited by any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party. [Sec. 261, OEC]. Vote cast. The exercise on a ballot of the choice of the voter on the measure proposed. [Javellana v. Exec. Sec., GR L36142. Mar. 31, 1973]. Voting creditor. Corp. Law. A creditor that is a member of a class of creditors, the consent of which is necessary for the approval of a Rehabilitation Plan under RA 10142. [Sec. 4, RA 10142]. Voting Period. Elec. Law. A continuous 30-day period, the last day of which is the day of election, inclusive of established holidays in the Phils. and of such other holidays in the host countries. [Sec. 2, RA 10590]. Voting right. Corp. Law. The right of a stockholder to vote on matters of corporate policy and who will make up the board of directors. Voting security. Corp. Law. Any security presently entitling the owner or holder thereof to vote for the election of directors of a company. [Sec. 3, RA 2629].
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Voting share. Corp. Law. A share with right to vote. [De Leon, Corp. Code of the Phil. Annotated, 1989 Ed., p. 60]. Compare with Non-voting share. Voting stock. Corp. Law. Shares in a corporation that entitle the shareholder to voting and proxy rights. Voting trust. Corp. Law. 1. An agreement in writing bet. one or more stockholders of a stock corporation for the purpose of conferring upon a trustee or trustees the right to vote and other rights pertaining to the shares for certain periods and subject to such other conditions provided for in the Corporation Law. [Sec. 1(d), RA 6713]. 2. A trust created by an agreement bet. a group of the stockholders of a corporation and the trustee or by a group of identical agreements bet. individual stockholders and a common trustee, whereby it is provided that for a term of years, or for a period contingent upon a certain event, or until the agreement is terminated, control over the stock owned by such stockholders, either for certain purposes or for all purposes, is to be lodged in the trustee, either with or without a reservation to the owners, or persons designated by them, of the power to direct how such control shall be used. [Lee v. CA, GR 93695. Feb. 4, 1992]. Voting trust agreement. 1. An agreement in writing bet. one or more stockholders of a stock corporation for the purpose of conferring upon a trustee or trustees the right to vote and other rights pertaining to the shares for certain periods and subject to such other conditions provided for in the Corporation Law. [Sec. 1, Rule IX, RA 6713]. 2. An agreement that results in the separation of the voting rights of a stockholder from his other rights such as the right to receive dividends, the right to inspect the books of the corporation, the right to sell certain interests in the assets of the corporation and other rights to which a stockholder may be entitled until the liquidation of the corporation. [Lee v. CA, GR 93695. Feb. 4, 1992]. Voyage. A long journey involving travel by sea or in space. Voyage charter. 1. A contract for the hire of a vessel for one or a series of voyages usu. for the purpose of transport in goods for the charterer. The voyage charter is a contract of affreightment and is considered a private carriage. [Maritime Agencies & Services, Inc. v. CA, GR 77638. July 12, 1990]. 2. A contract of affreightment, that is, a contract for the carriage of goods, from one or more ports of loading to one or more ports of unloading, on one or on a series of voyages. In a voyage charter, master and crew remain in the employ of the owner of the vessel. [Litonjua Shipping Inc. v. Natl. Seamen Board, GR 51910. Aug. 10, 1989]. Voyeur. A person who gains sexual pleasure from watching others when they are naked or engaged in sexual activity. Voyeurism. Legal Med. The compulsion by the sexual deviant, usu. called Peeping Tom, to peep to see persons undress or perform other personal activities while he/she, during or after seeing or peeping, masturbates. [Olarte, Legal Med., 1st Ed. (2004), p. 117]. See also Photo or video voyeurism. Vulgar. Common.
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Vulgar substitution. A direct substitution in which a testator provides for a substitute legatee, in the event that the 1st legatee, called the instituted heir or legatee, does not accept the legacy or if the instituted heir predeceases the testator. See Simple or common substitution. Vulnerability. 1. The characteristics and circumstances of a community, system or asset that make it susceptible to the damaging effects of a hazard. Vulnerability may arise from various physical, social, economic, and environmental factors such as poor design and construction of buildings, inadequate protection of assets, lack of public information and awareness, limited official recognition of risks and preparedness measures, and disregard for wise environmental management. [Sec. 3, RA 10121]. 2. The degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change, incl. climate variability and extremes. Vulnerability is a function of the character, magnitude, and rate of climate change and variation to which a system is exposed, its sensitivity, and its adaptive capacity. [Sec. 3, RA 9729]. Vulnerable. Exposed to the possibility of being attacked or harmed, either physically or emotionally. Vulnerable and marginalized groups. Those that face higher exposure to disaster risk and poverty incl., but not limited to, women, children, elderly, differently-abled people, and ethnic minorities. Vulnerable species. Species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future. [Sec. 5, RA 9147].
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-WWage. The remuneration or earning, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Sec. of Labor, of board, lodging, or other facilities customarily furnished by the employer to the employee. [Art. 97 (f), LC]. Wage distortion. A situation where an increase in prescribed wage rates results in the elimination of severe contraction of intentional quantitative differences in wage or salary rates bet. and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiation. [Art. 124, LC, as amended by RA 6727; Sec. 1, Rule 7, Book 3, IRR of LC]. Wages. All remuneration (other than fees paid to a public official) for services performed by an employee for his employer, incl. the cash value of all remuneration paid in any medium other than cash. [NIRC, as amended]. Waive. To voluntarily give up a legal right. Waiver. 1. A voluntary and intentional relinquishment or abandonment of a known existing legal right, advantage, benefit, claim or privilege, which except for such waiver the party would have en-
joyed; the voluntary abandonment or surrender, by a capable person, of a right known by him to exist, with the intent that such right shall be surrendered and such person forever deprived of its benefit; or such conduct as warrants an inference of the relinquishment of such right; or the intentional doing of an act inconsistent with claiming it. [People v. Donato, GR 79269. June 5, 1991]. 2. Intentionally given up a right. Waiver doctrine. A doctrine resting upon an equitable principle which courts of law will recognize, that a person, with full knowledge of the facts shall not be permitted to act in a manner inconsistent with his former position or conduct to the injury of another, a rule of judicial policy, the legal outgrowth of judicial abhorrence so to speak, of a person's taking inconsistent positions and gaining advantages thereby through the aid of courts. [Lopez v. Ochoa, GR L7955, May 30, 1958]. Waiver of double jeopardy doctrine. The doctrine that holds that when the case is dismissed with the express consent of the defendant, the dismissal will not be a bar to another prosecution for the same offense; because, his action in having the case dismissed constitutes a waiver of his constitutional right or privilege, for the reason that he thereby prevents the court from proceeding to the trial on the merits and rendering a judgment of conviction against him. [People v. Salico, 84 Phil. 722 (1949)]. Waiver of immunity. A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself, thereby making it pos-
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sible for his testimony to be used against him in future proceedings. Waiver of immunity by the State. 1. It does not mean a concession of liability. It means that by consenting to be sued, the State does not necessarily admit it is liable. 2. The State is merely giving the plaintiff a chance to prove that the State is liable but the State retains the right to raise all lawful defenses. [Phil. Rock Industries, Inc. v. Board of Liquidators, 180 SCRA 171]. Walang-hiya. Tag. It means "shameless. [Gonzales v. Arcilla, GR 27923. Nov. 18, 1991]. Want. To be without; lack. Want of capacity. Civ. Serv. The failure of the appointee during the probationary period to perform the duties and responsibilities based on standards of work outputs agreed upon and reflected in the duly signed performance targets. [CSC Rules on Probationary Period for Permanent Appointment in the Career Service]. Want of good faith. A want of caution and diligence which an honest man of ordinary prudence is accustomed to exercise in making purchases. Want of jurisdiction. Courts lack of power or authority to act in a particular manner or to give a particular kind of relief. See Without jurisdiction. Wanton. Reckless, heedless, malicious; characterized by extreme recklessness or foolhardiness; recklessly disregardful of the rights or safety of others or of consequences. Wanton attitude. A licentious act by one man towards the person of another, without regard to his rights. War. Intl. Law. A sustained struggle of a scale and duration that threatens the existence of the govt. of a state or an equivalent juridical person and that is waged bet. groups of forces that are armed, wear a distinctive insignia, and are subject to military discipline under a responsible command. War crimes. Crimes against Intl. Human Humanitarian Law as extensively defined in Sec. 4 of RA 9851. War power. The power vested solely in Congress to declare, by a vote of 2/3 of both Houses in joint session assembled, voting separately, the existence of a state of war. War; how it may be terminated. War may be terminated: (a) by simple cessation of hostilities; (b) by the conclusion of a negotiated treaty of peace; or (c) by the defeat of one of the belligerents. [Cruz, Intl. Law Reviewer, 1996 Ed., pp. 144-145]. Warehouse. 1. A building utilized for the storage of products for sale and from which goods or merchandise are withdrawn for delivery to customers or dealers, or by persons acting in behalf of the business. A warehouse that does not accept orders and/or issue sales invoices as aforementioned shall not be considered a branch or sales office. [Art. 243, IRR, LGC]. 2. A building or shed used for the storage of cargo. [Sec. 3, PD 857]. Warehouse receipt. A written acknowledgment by a warehouseman that he
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has received and holds certain goods in his warehouse for the person to whom the document is issued. [Suggested answer to Bar 1949; 1954; 1967, cited in Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 26]. Warehouse Receipts Law. Act 2137 which prescribes the mutual rights and duties of a warehouseman who issues ware-house receipts, and his depositor, and covers all warehouses, bonded or not. [Miravite, Bar Review Materials in Comm. Law, 12th Ed., (2002), p. 26]. Warehouseman. 1. One who receives and stores goods of another for compensation. [Comm. of Internal Revenue v. Hawaiian-Phil. Co., GR L-16315. May 30, 1964]. 2. A person engaged in the business of receiving commodity for storage. [Sec. 2, Act 3893, as amended]. Warning. 1. An act or fact of putting one on his guard against an impending danger, evil consequences or penalties. [Tobias v. Veloso, GR L-40224. Sep. 23, 1980]. 2. The notice printed on the tobacco product or its container and/or displayed in print or alert in broadcast or electronic media incl. outdoor advertising and which shall bear information on the hazard of tobacco use. [Sec. 4, RA 9211]. Warrant. Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based. Warrant of arrest. An order issued by the judge upon probable cause determined personally by him after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the persons to be arrested. Compare with Search warrant. Warrantless arrest. Arrest made without a warrant issued by a judge. Warrantless arrest; when lawful. A peace officer or a private person may, without a warrant, arrest a person: (a) when in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) when an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; (c) when the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. [Sec. 5, Rule 113, RoC]. Warrantless search and seisure. Search and seizure made without a warrant issued by a judge. Warrantless search and seizure; when valid. There are instances when a warrantless search and seizure becomes valid, namely: (a) search incidental to an arrest; (b) search of a moving vehicle; and (c) seizure of evidence in plain view. [Manipon, Jr. v. Sandiganbayan, L-58889, July 31, 1986]. Warrantless search incidental to a lawful arrest. Search recognized under
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Sec. 13, Rule 126 of the Rules of Court which provides that a person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense, without a search warrant. Warranty. 1. A promise that a proposition of fact is true. A promise that certain facts are truly as they are represented to be and that they will remain so. [Magno v. CA, GR 96132. June 26, 1992, 5th Ed., (1979) p. 1423]. 2. A promise that a proposition of fact is true. 3. An undertaking that the title, quality, or quantity of the subject matter of a contract is what it has been represented to be, and relates to some agreement made ordinarily by the party who makes the warranty. [De Leon, Comments and Cases on Credit Trans., 1999 Ed., p. 237]. Warranty against eviction. Sales. Warranty in which the seller guarantees that he has the right to sell the thing sold and to transfer ownership to the buyer who shall not be disturbed in his legal and peaceful possession thereof. Warranty against eviction. Sales. Elements: (a) Vendee is deprived, in whole or in part, of the thing purchased; (b) the deprivation is by virtue of a final judgment; (c) the judgment is based on a prior right to the sale or an act imputable to the vendor; (4) the vendor was summoned in the suit for eviction at the instance of the vendee; and (5) no waiver of warranty by the vendee. Warranty against hidden defects. Sales. The implied warranty that the vendor shall be responsible for against hidden defects which the thing sold may have, should they render it unfit for the use for which it is intended, or should they diminish its fitness for such use to such an extent that, had the vendee been aware thereof, he would not have acquired it or would have given a lower price for it; but said vendor shall not be answerable for patent defects or those which may be visible, or for those which are not visible if the vendee is an expert who, by reason of his trade or profession, should have known them. [Art. 1591, CC]. Warranty against hidden defects. Sales. Elements: (a) The defect must be serious or important; (b) it must be hidden; (c) it must exist at the time of the sale; (d) the vendee must give notice of the defect to the vendor within a reasonable time; (e) the action for rescission or reduction of price must be brought within the proper period [within 6 mos. from the delivery of the thing or 40 days from the date of delivery in case of animals]; and (f) there must be no waiver of the warranty. Warranty deed. Also Deed of warranty. A deed which guarantees that the title conveyed is good and its transfer rightful. Warranty of Fitness Warranty of fitness. Sales. Warranty in which the seller guarantees that the thing sold is reasonably fit for the known particular purpose for which it was acquired by the buyer. Warranty of merchantability. Sales. Warranty in which the seller guarantees, where the goods were bought by description, that they are reasonably fit for the general purpose for which they are sold. It requires identity bet. what is described in the contract and what is ten-
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dered, in the sense that the latter is of such quality to have some value. Warsaw Convention. The Convention for the Unification of Certain Rules Relating to Intl. Transportation by Air signed at Warsaw, Poland on Oct. 12, 1929. Waste. 1. Any material either solid, liquid, semisolid, contained gas or other forms resulting industrial, commercial, mining or agricultural operations, or from community and household activities that is devoid of usage and discarded. [Sec 4, RA 9275]. 2. Prop. The abuse, destruction or permanent change to property by one who is merely in possession of it as in the case of a tenant or a life tenant. Waste dump area. A designated place where the mine waste are accumulated or collected. [Sec. 4, DENR AO 95-23]. Wastewater. Waste in liquid state containing pollutants. [Sec 4, RA 9275]. Wasting assets corporation. Corp. Law. A corporation the sole purpose of which is to invest its capital in a specific property and afterwards to consume that property at a profit, such as mining or oil corporations. [Diaz, Bus. Law Rev., 1991 Ed., p. 275]. Watch list. A list of individuals, groups, or items that require close surveillance, typically for legal or political reasons. Watch List Order (WLO). [An] Order issued by the Sec. of Justice in cases pending Preliminary Investigation or Motion for Reconsideration or Pending Review before the DO) incl. application for Not The Same Person (NTSP). [Sec. 1 and 3 of Dept. Circ. 18, Apr. 23, 2007]. Watchman or security guard, watchman or security guard agency. Any person who offers or renders personal service to watch or secure either residential or business establishment, or both, or any building, compound, or area incl. but not limited to logging concessions, agricultural, mining or pasture lands for hire or compensation, or as an employee thereof shall be known as watchman or security guard; and any person, association, partnership, or corporation, who recruits, trains, muster, furnishes, solicits individuals or business firms, private or GOCCs to engage his service or those of its watchmen, shall be known as watchman of security guard agency. [Sec. 3, RA 5487, as amended by PD 11]. Water body. Both natural and man-made bodies of fresh, brackish, and saline waters, and includes, but is not limited to, aquifers, groundwater, springs, creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal and marine waters. Water bodies do not refer to those constructed, developed and used purposely as water treatment facilities and/or water storage for recycling and re-use which are integral to process industry or manufacturing. [Sec 4, RA 9275]. Water Code of the Philippines. PD 1067 entitled A Decree instituting a Water Code, thereby revising and consolidating the laws governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources signed into law on Dec. 31, 1976. Water down. To make less strong or intense.
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Water pollution. Any alteration of the physical, chemical, biological, or radiological properties of a water body resulting in the impairment of its purity or quality. [Sec 4, RA 9275]. Water quality. 1. The characteristics of water, which define its use in characteristics by terms of physical, chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is evaluated. [Sec 4, RA 9275]. 2. The characteristics of water which define its use in terms of physical, chemical and biological contents; hence the quality of water for domestic use is different from industrial use. [Sec. 62, PD 1152]. Water quality guidelines. The level for a water constituent or numerical values of physical, chemical, biological and bacteriological or radiological parameters which are used to classify water resources and their use, which does not result in significant health risk and which are not intended for direct enforcement but only for water quality management purposes, such as determining time trends, evaluating stages of deterioration or enhancement of the water quality, and as basis for taking positive action in preventing, controlling or abating water pollution. [Sec 4, RA 9275]. Water quality management area action plan. This plan includes, but is not limited to, the following: (a) goals and targets incl. sewerage or septage program, (b) schedule of compliance to meet the applicable requirements of RA 9275; (c) water pollution control strategies or techniques; (d) water quality information and education program; e) resource requirement and possible sources; f) enforcement procedures of the plan and (g) rewards and incentives under Chap. 4 of RA 9275. [Sec 4, RA 9275]. Water quality standard. A plan that is established by governmental authority as a program for water pollution prevention and abatement. Such a standard may include water use classification and the criteria to support the uses of the water. [Sec. 62, PD 1152]. Water quality surveillance. A close and continuous supervision of the water quality to detect development movements or changes in the characteristics of the water. [Sec. 62, PD 1152]. Water rights. 1. The privilege to appropriate and use water. [Art. 13, PD 1067]. 2. The right to use water. Watercraft. Any waterborne unit which is designed and built to have an electric plant. [Sec. 2, RA 7920]. See Vessels. Watered down. Diminished in force or effect. Watered shares. Corp. Law. Those issued for no consideration or inadequate consideration. [Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Waters. The term refers to water under the grounds, water above the ground, water in the atmosphere and the waters of the sea within the territorial jurisdiction of the Phils.s. [Art. 4, PD 1067]. Watershed. 1. A land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off. [Sec. 3, PD 705]. 2. A forest land reservation established to protect or improve the condition of the water yield thereof or reduce sedimentation.
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Watershed reservation. A forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation. [Sec. 3, PD 705]. Watusi. Usu. reddish in color about 1 inches in length and 1/10 inch in width usu. ignited by friction to produce a dancing movement and a crackling sound. [Sec. 2, RA 7183]. Wedlock. Being married. It has the same meaning as matrimony. Used mostly to refer to illegitimate children as "born out of wedlock." Week. A period of time consisting of 7 consecutive days. [Concepcion v. Zandueta, 36 OG 3139 (1938)]. Weight of evidence. 1. The probative value or credit the court gives to a particular evidence admitted to prove a fact in issue. 2. The balance of evidence and in whose favor it tilts. This refers to the indication of the greater evidence bet. the parties . This depends on the judicial evaluation within the guidelines provided by the rules and by jurisprudence. Welfare state. A social system whereby the state assumes primary responsibility for the welfare of its citizens, as in matters of health care, education, employment, and social security. Welfare state concept. Under this concept, private property does not constitute for anyone an absolute and unconditioned right. All men are equal in their right to a decent life. It is not a system of justice where one man is very wealthy and another very poor. Where such a situation exists on a national scale, it becomes a matter of social justice. [Alalayan v. Napocor (24 SCRA 172, 181182 (1968)]. Wenphil doctrine or Belated due process rule. Labor. 1. The principle that teaches, as in other cases, that where the dismissal of an employee is for a just cause but without due process, the employer must indemnify the dismissed employee. [Wenphil Corp. v. NLRC, GR 80587, 8 Feb. 1989]. 2. Where the employer had a valid reason to dismiss an employee but did not follow the due process requirement, the dismissal may be upheld but the employer will be penalized to pay an indemnity to the employee. [Ibid.]. Compare with Agabon doctrine and Serrano doctrine. WESM. See Wholesale Electricity Spot Market. Wet-nursing. The feeding of a newborn from another mother's breast when his/her own mother cannot breastfeed. [Sec. 3, RA 10028; Sec. 3, RA 7600]. Wharf. A continuous structure built parallel to along the margin of the sea or alongside riverbanks, canals or waterways where vessels may lie alongside to receive or discharge cargo, embark or disembark passengers, or lie at rest. [Sec. 3, PD 857]. Wharfage. A fee assessed against the cargo of a vessel engaged in foreign or domestic trade based on quantity, weight, or measure received and/or discharged by vessel. [Sec. 131, RA 7160]. Wharfage due. The amount assessed against the cargo of a vessel engaged in foreign or coastwise trade, based on the quantity, weight or measure received and/or discharged by such ves-
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sel. The owner or consignee of the article, or the agent of either, is the person liable for such charge. [Sec. 2801, RA 1937, as amended by PD 34 and PD 441]. Whenever praticable and convenient. This phrase connotes a meaning which prevents an unbridled application of the Rules of Court, as well as of all matters incident thereto, for there is still need to show and analyze if the extension would help attain the objective of the law or would tend to defeat it. [Morente v. Filamor, 52 Phil., 289]. Whereas clauses. They do not form part of a statute, strictly speaking; they are not part of the operative language of the statute. Nonetheless, whereas clauses may be helpful to the extent they articulate the general purpose or reason underlying a new enactment. [Llamado v. CA, GR 84850. June 29, 1989]. Also Preambulatory clauses. Whistle device. Any of the various kinds of firecrackers or pyrotechnic designed to either simply emit a whistle-like sound or explode afterwards upon being ignited. [Sec. 2, RA 7183]. Whistleblower. One who reveals wrongdoing within an organization to the public or to those in positions of authority. Whistleblowing. The disclosure by a person, usu. an employee in a government agency or private enterprise, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing. White slave trade. Crim. Law. The felony committed by any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution. [Art. 341, RPC, as amended by BP 186]. WHO. World Health Organization. Whole eye. The entire eye ball minus the conjunctiva after it has been enucleated from the orbit. [Sec. 4, DOH AO 11-95]. Wholesale. A sale where the purchaser buys or imports the commodities for resale to persons other than the end user regardless of the quantity of the transaction. [Sec. 131, RA 7160]. Wholesale Electricity Spot Market (WESM). The wholesale electricity spot market created pursuant to RA 9136. [Sec. 4, RA 9513]. Wholesale posted price (WPP). The ceiling price of petroleum products set by the Energy Regulatory Board based on its duly approved automatic pricing formula. [Sec. 4, RA 8479]. Wholesaler. 1. A licensed establishment or drug outlet who acts as merchant, broker or agent, who sells or distributes for resale or wholesale drugs and medicines. [Sec. 4, RA 9502]. 2. Every person who acts as a jobber, merchant, broker or agent, who sells or distributes for resale pharmaceuticals, proprietary medicines or pharmaceutical specialties. [Sec. 42, RA 5921]. Wholesaling. Selling to retailers or jobbers rather than to consumers or a sale in large quantity to one who intends to resell. [Marsman & Co. v. First Coconut Central Co., GR L-39841. June 20, 1988, 5th Ed.].
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Wholly-owned subsidiary corporation. A corporation that is organized or a corporation already in existence wherein 100% of its shares of stock are owned or controlled by the organizing or subscribing Authority, in this case, the Phil. Tourism Authority, to carry out or accomplish its purpose. [Sec. 38, PD 564]. Wholly-owned subsidiary of a person. A company 95% or more of the outstanding voting securities of which are owned by such person, or by a company which, within the meaning of Sec. 3 of RA 2629, is a wholly-owned subsidiary of such person. [Sec. 3, RA 2629]. See Majority-owned subsidiary of a person. Wife's separate estate. That from which the dominion and control of the husband is excluded, and from which he is to derive no benefit by reason of the marital relation. It may be equitable or statutory, acc. to the mode of its creation. [Ossorio v. Posadas, GR 31088. Dec. 3, 1929]. Wi-Fi. Short for Wireless Fidelity. The wireless networking technology that allows computers and other devices to communicate over a wireless signal. Wildlife. Wild forms and varieties of flora and fauna, in all developmental stages, incl. those which are in captivity or are being bred or propagated. [Sec. 5, RA 9147; Rules of Procedure for Environmental Cases, AM 09-6-8-SC, Apr. 29, 2010]. Wildlife collector's permit. A permit to take or collect from the wild certain species and quantities of wildlife for commercial purposes. [Sec. 5, RA 9147]. Wildlife farm or culture permit. A permit to develop, operate and maintain a wildlife breeding farm for conservation, trade and/or scientific purposes. [Sec. 5, RA 9147]. Wildlife sanctuary. An area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation. [Sec. 4, RA 7586]. Will. Succ. 1. An act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. [Art. 783, CC]. 2. A personal, solemn, revocable and free act by which a capacitated person disposes of his property and rights and declares or complies with duties to take effect after his death. [Vitug v. CA, GR 82027. Mar. 29, 1990]. 3. A legal declaration that disposes of a person's property when that person dies. 4. A written and signed statement, made by an individual, which provides for the disposition of his property when he dies. Also called Last will and testament. See also Codicil and Probate. Will, how revoked. Succ. No will shall be revoked except in the following cases: (a) By implication of law; or (b) by some will, codicil, or other writing executed as provided in case of wills; or (c) by burning, tearing, canceling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction. If burned, torn, cancelled, or obliterated by some other person, without the express direction of the
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testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established acc. to the Rules of Court. [Art. 830, CC]. Willful. An act done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently [Tiu v. NLRC, GR 83433. Nov. 12, 1992, 5th Ed., 1434]. Willful breach. Such breach which is done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. [Intl. Harvester Macleod, Inc. v. IAC, GR 73287, May 18, 1987]. Willful breach of trust. An act done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. [Tiu v. NLRC, GR 83433. Nov. 12, 1992, 5th Ed., 1434). Willful disobedience. Labor. Requisites: (1) the employees assailed conduct must have been willful, that is characterized by a wrongful and perverse attitude; and (2) the order violated must have been reasonable, lawful, made known to the employee and must pertain to the duties which he had been engaged to discharge. [Asian Terminals, Inc. v. Marbella, GR 149074, Aug. 10, 2006]. Willful disobedience of the employer's lawful order. Labor. Requisites: (a) The employee's assailed conduct must have been intentional and characterized by a wrongful and perverse attitude; and (b) the order violated must have been reasonable, lawful, and made known to the employee and should pertain to the duties which he has been engaged to discharge. [Nuez v. NLRC, 239 SCRA 518, San Miguel Corp. v. Ubaldo, 218 SCRA 293, 300]. Willful exposure to needless peril. A reckless risking of (ones own) that is almost suicidal in intent. [Sun Insurance Office, Ltd. v. CA, GR 92383. July 17, 1992]. Compare with Suicide. Willful misconduct. Acts impelled by an intention to violate the law, or in persistent disregard of one's rights. It must be evidenced by a flagrantly or shamefully wrong or improper conduct. [Luna v. CA, GR 100374-75. Nov. 27, 1992]. Wills, Forms of. Succ. Every will must be in writing and executed in a language or dialect known to the testator. [Art. 804, CC]. Wills, Witnesses to. Succ. Any person of sound mind and of the age of 18 years or more, and not bind, deaf or dumb, and able to read and write, may be a witness to the execution of a will mentioned in Art. 805 of the Civ. Code. [Art. 820, CC]. Wilson or Tobar doctrine. Intl. Law. 1. The doctrine that precludes recognition to any govt. coming into existence by revolutionary means so long as the freely elected representatives of the people thereof have not constitutionally recognized the country. [Sandoval, Pol. Law Reviewer 2003]. 2. The doctrine that was first expressed in a treaty concluded in 1907 by the Central Amer. re-
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publics at the suggestion of Foreign Minister Tobar of Ecuador and was reiterated by Pres. Woodrow Wilson of the US in a public statement in 1913. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 44]. Compare with Estrada doctrine. Wind energy. The energy that can be derived from wind that is converted into useful electrical or mechanical energy. [Sec. 4, RA 9513]. Wind energy systems. The machines or other related equipment that convert wind energy into useful electrical or mechanical energy. [Sec. 4, RA 9513]. Wind down. To start running or operating slower. Wind up. To come or bring to a finish; end. Winding down. Causing a gradual lessening of usu. with the intention of bringing to an end. Winding up. The collection of all assets, the payment of all [the corporations] creditors, and the distribution of the remaining assets, if any among the stockholders thereof in accordance with their contracts, or if there be no special contract, on the basis of their respective interests. [Yu v. Yukayguan, GR 177549, June 18, 2009]. See also Liquidation. Window period. The period of time, usu. lasting from 2 weeks to 6 months during which an infected individual will test negative upon HIV testing but can actually transmit the infection. [Sec. 4, RA 8496]. Winning bidders. Bidders who have received awards of contract or orders. [IRR on Supply & Prop. Mgt., per Sec. 383, LGC]. Wire tapping. 1. The crime committed by any person who, not being authorized by all the parties to any private communication or spoken word, shall tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkietalkie or tape recorder, or however otherwise described; or by any person, be he a participant or not in the act or acts penalized in the next preceding sentence, who shall knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of RA 4200 in the manner prohibited by said law; or to replay the same for any other person or persons; or communicate the contents thereof, either verbally or in writing, or furnish transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in Sec. 3 thereof, shall not be covered by this prohibition. [Sec. 1, RA 4200]. 2. An electronic surveillance device which secretly listens in and records conversations held over a phone line. It is usu. only allowed with the permission of (the court) and if it can be shown to be necessary for the solving of a serious crime. Wireless. Using radio, microwaves, etc. as opposed to wires to transmit signals.
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Wireless fidelity (Wi-Fi). A local area network that uses high frequency radio signals to transmit and receive data over distances of a few hundred feet; uses ethernet protocol. Wiretap. A concealed listening or recording device connected to a communications circuit. Wiretapping. Installing a concealed listening or recording device or using it to monitor communications. Wisyo. From Sp. Juicio. Sanity; right mind. Witch. One who practices the black art, or magic; one regarded as possessing supernatural or magical power by compact with an evil spirit, esp. with the devil; a sorcerer or sorceress - now applied chiefly or only to women. [People v. Sario, GR L-20754 & L-20759. June 30, 1966]. Witchcraft. The practice or art of witches; the practice of black magic; sorcery; enchantments; intercourse with evil spirits; also an instance of such practice. [People v. Sario, GR L-20754 & L-20759. June 30, 1966]. With prejudice. A declaration which dismisses all rights. A judgment barring the right to bring or maintain an action on the same claim or cause. Withal. In addition; as a further factor or consideration. Withhold. 1. To refrain from giving, granting, or permitting. 2. To deduct withholding tax from an employee's salary. Withholding agent. Any person required to deduct and withhold any tax under the provisions of Sec. 57 of the NIRC. [Sec. 22, NIRC, as amended]. Withholding tax. A portion of an employee's wages or salary withheld by the employer as partial payment of the employee's income tax. Withholding tax on compensation. The tax withheld from income payments to individuals arising from an employeremployee relationship. Withholding tax on GMP - value added taxes (GVAT). The tax withheld by Natl. Govt. Agencies (NGAs) and instrumentalities, incl. govt.-owned and controlled corps. (GOCCs) and local govt. units (LGUs), before making any payments to VAT registered taxpayers or suppliers or payees on account of their purchases of goods and services. Withholding tax on government money payments (GMP) - percentage taxes. The tax withheld by Natl. Govt. Agencies (NGAs) and instrumentalities, incl. govt.-owned and controlled corps. (GOCCs) and local govt. units (LGUs), before making any payments to nonVAT registered taxpayers or suppliers or payees. Withholding tax system. A system under which the payee is the taxpayer, the person on whom the tax is imposed, while the payor, a separate entity, acts no more than an agent of the govt. for the collection of the tax in order to ensure its payment. [Bank of America v. CA, GR 103092. July 21, 1994]. Withholding tax. A tax deducted from a salary, wage, or other income on behalf of the govt. at the time of payment of wages to the person who pays it.
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Within the area of his immediate control. The phrase means the area from within which he might gain possession of a weapon or destructible evidence. [People v. Estella, 443 Phil. 669 (2003)]. Without jurisdiction. 1. Absence of a legal power to determine a case. [Bench Book for Trial Court Judges, p. 2-86]. 2. Lack or want of legal power, right or authority to hear and determine a cause or causes, considered either in general or with reference to a particular matter. It means lack of power to exercise authority. [Land Bank v. CA, 456 Phil. 755, 785 (2003)]. Compare with Excess of jurisdiction. Without prejudice. 1. When the dismissal of the previous action is without prejudice, the plaintiff has the right to file another complaint against the principal. [Ang v. Fulton Fire Ins., GR L-15862. July 31, 1961]. 2. A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal, these words maintain the right to bring a subsequent suit on the same claim. Witness. 1. Any person who, having organs of sense, can perceive and, perceiving, can make known his perception to others. [Sec. 1, PD 1731]. 2. One who personally sees or perceives a thing; one who testifies as to what he has seen, heard, or otherwise observed. Witness Protection Order. The Order issued by the court, justice or judge, upon motion or motu proprio, referring the witnesses to the DOJ for admission to the Witness Protection, Security and Benefit Program, pursuant to RA 6981. The court, justice or judge may also refer the witnesses to other govt. agencies, or to accredited persons or private institutions capable of keeping and securing their safety. [Rule on the Writ of Amparo, Sec. 14, AM 07-9-12-SC, Oct. 24, 2007]. Compare with Temporary Protection Order, Inspection Order and Production Order. Witness Protection Program. A program established under RA 6981, "The Witness Protection, Security and Benefit Act", which seeks to encourage a person who has witnessed or has knowledge of the commission of a crime to testify before a court or quasi-judicial body, or before an investigating authority, by protecting him from reprisals and from economic dislocation. Witness Protection, Security and Benefit Act. RA 6981 entitled An Act providing for a witness protection, security and benefit program and for other purpose enacted on Apr. 24, 1991. Witness to the signature. See Instrumental witness. WLO. See Watch List Order. Woman and Child Labor. RA 679. [Expressly repealed by the Labor Code]. Women empowerment. The provision, availability, and accessibility of opportunities, services, and observance of human rights which enable women to actively participate and contribute to the political, economic, social, and cultural development of the nation as well as those which shall provide them equal access to ownership, management, and control of production, and of material and informational resources and benefits in the family, community, and society. [Sec. 4, RA 9710].
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Women in Development and Nation Building Act. RA 7192 entitled An act promoting the integration of women as full and equal partners of men in development and nation building and for other purposes enacted on Feb. 12, 1992. Women in the military. Women employed in the military, both in the major and technical services, who are performing combat and/or non-combat functions, providing security to the State, and protecting the people from various forms of threat. It also includes women trainees in all military training institutions. [Sec. 4, RA 9710]. Words of negotiability. See Negotiability, words of. Words of purchase. Words which specifically name the person to whom land is being conveyed. The property is conveyed to specifically and by name in a legal act such as a conveyance or will. This would preclude, for example, transfer as a result of intestacy. Work. Activity involving mental or physical effort done in order to achieve a purpose or result. Work animals. Animals ordinarily employed in a farm enterprise, such as carabaos, horses, bullocks, etc. [Sec. 166, RA 3844]. Work of fine art. All original works of art like paintings, sculpture, drawings and artwork produced in multiples such as graphic and photographic works and sculpture casts, but shall not include works intended to be mass-produced for commercial use. [Sec 3, RA 9105]. Work of the Government of the Philippines. A work created by any officer or employee of the Phil. Govt. or any of its subdivisions and instrumentalities, incl. GOCCs as a part of his regularly prescribed official duties. [Sec. 9, PD 49]. Workday. The consecutive 24-hour period which commences from the time the employee starts to work and ends at the same time the following day. To illustrate, if the employee regularly works from 8am to 4pm, his regular workday is the 24-hour period from 8am to 8am of the following day. Workdays do not necessarily corresponds to calendar days. Worker. Any member of the labor force, whether employed or unemployed. [Art. 13, LC]. Workers in the formal economy. Those who are employed by any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the govt. and all its branches, subdivisions, and instrumentalities, all GOCCs and institutions, as well as nonprofit private institutions or organizations. [Sec. 4, RA 9710]. Workers in the formal sector. Workers in registered business enterprises who sell their services in exchange for wages and other forms of compensation. [Sec. 3, RA 8425]. Workers in the informal economy. Selfemployed, occasionally or personally hired, subcontracted, paid and unpaid family workers in household incorporated and unincorporated enterprises, incl. home workers, micro-entrepreneurs and producers, and operators of sarisari stores and all other categories who
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suffer from violation of workers' rights. [Sec. 4, RA 9710]. Workers in the informal sector. Poor individuals who operate businesses that are very small in scale and are not registered with any natl. govt. agency, and to the workers in such enterprises who sell their services in exchange for subsistence level wages or other forms of compensation. [Sec. 3, RA 8425]. Working. Having paid employment. Working children. Domestic workers who are 15 years old and above but below 18 years old. [Sec. 4, RA 10361; Sec. 4, RA 10361]. Working fund. The account to which all investment incomes, premium incomes, and all other incomes shall be credited and against which all operating costs and other expenses, incl. claims paid, shall be debited. [Sec. 3, RA 6424]. Workman. 1. A man employed to do manual labor. 2. A person with specified skill in a job or craft. Workmen's compensation. Liability for compensation for loss resulting from injury, disability or death of the workingman through industrial accident or disease. It is based on incapacity or disability for work, and hence on the loss or impairment of the employee's earning capacity in the employment at which he was engaged when injured, the compensation payments being in lieu of wages or based on the loss thereof and on the idea of providing means of subsistence to the employees during the time when his earning capacity has been partially or entirely destroyed. In other words, as long as the employee is able to work and receives his pay even if he is suffering from illness, he is not entitled to compensation. [Central Azucarera Don Pedro v. de Leon, 101 Phil. 1141 (1959); Lombo v. Standard Cigarette Mfg. Co., 58 SCRA 750 (1974)]. Workmen's Compensation Act. Act 3428, as amended. [Expressly repealed by the Labor Code]. Workplace. 1. Work premises, whether private enterprises or govt. agencies, incl. their subdivisions, instrumentalities and GOCCs. [Sec. 3, RA 10028]. 2. The place or locality where the employee is regularly assigned when the cause of action arose. It shall include the place where the employee is supposed to report back after a temporary detail, assignment or travel. [Cruzvale v. Laguesma, GR 107610. Nov. 25, 1994]. Work-related IIIness. Any sickness resulting to disability or death as a result of an occupational disease. Work-related injury. Injury resulting in disability or death arising out of and in the course of employment. Works and installations containing dangerous forces. Works and installations the attack of which may cause the release of dangerous forces and consequent severe losses among the civilian population, namely: dams, dikes, and nuclear, electrical generation stations. [Sec. 3, RA 9851]. World Trade Organization (WTO). An organization that intends to supervise and liberalize international trade. It officially commenced on Jan. 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and
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Trade (GATT) which commenced in 1948. The organization deals with regulation of trade bet. participating countries; it provides a framework for negotiating and formalizing trade agreements, and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements which are signed by representatives of member governments and ratified by their parliaments. World Wide Web (WWW). Internet information system that provides access to text, images, full-motion video, sound and other media connected by hyperlinks. Writ. 1. A judicial order directing a person to do something. 2. An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That person is typically either a sheriff who may be instructed to seize property, for example, or a defendant for whom the writ is the 1st notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against him in his absence. Writ of amparo. 1. [It] was originally conceived as a response to the extraordinary rise in the number of killings and enforced disappearances, and to the perceived lack of available and effective remedies to address these extraordinary concerns. It is intended to address violations of or threats to the rights to life, liberty or security, as an extraordinary and independent remedy beyond those available under the prevailing Rules, or as a remedy supplemental to the Rules. [Tapuz v. Del Rosario, GR 182484, June 17, 2008]. 2. 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. [Rule on the Writ of Amparo, Sec. 1, AM 07-912-SC, Oct. 24, 2007]. See Amparo, Writ of. Writ of attachment. Substantially a writ of execution except that it emanates at the beginning, instead of at the termination, of a suit. It places the attached properties in custodia legis, obtaining pendente lite a lien until the judgment of the proper tribunal on the plaintiff's claim is established, when the lien becomes effective as of the date of the levy. [Santos v. Aquino, GR 86181-82. Jan. 13, 1992]. Writ of certiorari. An order issued by the Sup. Court directing the lower court to transmit records for a case for which it will hear on appeal. Writ of error. The method of appealing criminal cases where the appellate court can only consider errors assigned by the appellant and can not consider the facts further than is necessary to reach a conclusion upon the errors assigned by the appellant. [US v. Padilla, GR 1883. May 1, 1905]. Writ of execution. An order of the court evidencing debt of one party to another and commanding the court officer to take property in satisfaction of the debt. Writ of execution, Quashing of. A writ may be quashed or recalled only when: (a) it appears that it has been improvidently issued, (b) the writ is defective in substance, or (c) it is issued against the wrong party, or (d) the judgment debt
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has been paid, or (e) the writ has been issued without authority, or (f) there is a change in the situation of the parties which makes such execution inequitable, or (g) the controversy was never submitted to the judgment of the court [ Intl. School v. Min. of Labor and Employment, GR 54243, July 21, 1989]. Writ of garnishment. An order of the court whereby property, money, or credits in the possession of another person may be seized and applied to pay a debtor's debt. It is used as an incident to or auxiliary of a judgment rendered in a principal action. Writ of habeas corpus. A writ or order directed to the person detaining another and commanding him to produce the body of the prisoner at a certain time and place, with the day and cause of his detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf. [Suarez, Pol. Law Reviewer, 1st Ed., 2002, pp. 222-223, 837 (1951)]. Writ of Habeas Data. A remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. [The Rule on the Writ of Habeas Data, AM 08-1-16-SC]. See Habeas Data, Writ of. Writ of Kalikasan. A remedy available to a natural or juridical person, entity authorized by law, PO, NGO, or any public interest group accredited by or registered with any govt. agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in 2 or more cities or provinces. [Rules of Procedure for Environmental Cases, AM 09-6-8-SC, Apr. 29, 2010]. See Kalikasan, Writ of. Writ of mandamus. An extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion. Writ of possession. 1. A writ of execution employed to enforce a judgment to recover the possession of land. It commands the sheriff to enter the land and give its possession to the person entitled under the judgment. [Metropolitan Bank & Trust Co. v. Hon. Abad Santos, GR 157867, Dec. 15, 2009, 5th ed., 1979, p. 1444]. 2. An order whereby the sheriff is commanded to place a person in possession of a real or personal property, such as when a property is extrajudicially foreclosed. [AG Devt Corp. v. CA, GR 111662. Oct. 23, 1997]. Writ of possession. Instances when a writ of possession may be issued: (a) In land registration proceedings under Sec. 17 of Act 496; (b) in judicial foreclosure, provided the debtor is in possession of the mortgaged realty and no 3rd person, not a party to the foreclosure suit, had intervened; and (c) in extrajudicial foreclosure of a real estate mortgage under Sec. 7 of Act 3135, as amended by Act 4118. [Metropolitan Bank & Trust Co. v.
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Hon. Abad Santos, GR 157867, Dec. 15, 2009]. Writ of preliminary attachment. A provisional remedy issued upon order of the court where an action is pending to be levied upon the property or properties of the defendant therein, the same to be held thereafter by the sheriff as security for the satisfaction of whatever judgment might be secured in said action by the attaching creditor against the defendant [Adlawan v. Tomol, 184 SCRA 31 (1990)]. Writ of preliminary injunction. 1. An order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. [Sec. 1, Rule 58, Rev. RoC]. 2. It is merely a provisional remedy, adjunct to the main case subject to the latters outcome. [Rualo v. Pitargue, GR 140284, 21 Jan. 2005]. 3. It is not a cause of action in itself. [Batangas Laguna Tayabas Bus Co., Inc. v. Bitanga, 415 Phil. 43, 56 (2001)]. 4. At times referred to as the strong arm of equity, the writ of preliminary injunction, whether prohibitory or mandatory, is sought for the protection of the rights of a party before the final determination of his rights vis--vis others' in a pending case before the court. [Heirs of Roxas v. IAC, GR 78618. May 29, 1989]. Writ of preliminary injunction, Issuance of. Requisites: (a) There must be a right in esse or the existence of a right to be protected; and (b) the act against which the injunction is to be directed is a violation of such right. [Cagayan de Oro City Landless Residents Assoc. v. CA, GR 106043, Mar. 4, 1996]. Writ of prohibition. A judicial writ from a higher court ordering a lower court not to exercise jurisdiction in a particular case. Writ of quo warranto. A prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power [or "franchise"] they claim to hold. Writ of sequestration. Essentially a conservatory measure, somewhat in the nature of a judicial deposit. It is a process which may be employed as a conservatory writ whenever the right of the property is involved, to preserve, pending litigation, specific property subject to conflicting claims of ownership or liens and privileges. [Bataan Shipyard Engg. Co. Inc. v. PCGG, GR 75885. May 27, 1987]. Written constitution. A constitution whose precepts are embodied in one document or set of documents. [Cruz, Constl. Law, 1998 Ed., p. 4]. Compare with Unwritten constitution. Wrongful dismissal. Being fired from a job without an adequate reason or without any reason whatsoever. Employees do not have a right to a job for life and can be dismissed for economic or performance reasons but they cannot be dismissed capriciously. Most employment implies an employment contract, which may be supplemented by labor legislation. Either could provide for certain procedures to be followed, failing which any firing is wrongful dismissal and for which the employee could ask a court for damages against the employer. WTO. See World Trade Organization.
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-XX. 1. As a signature, it refers to a cross that is printed in lieu of an individual's signature. This mark is often used by illiterate, incompetent, or disabled people in executing legal documents. 2. A mark or indication utilized as a signature by an illiterate person who is unable to sign his or her name. See also X-mark signature. XD. A symbol used to signify that a security is trading ex-dividend. XD is an alphabetic qualifier that acts as shorthand to tell investors key information about a specific security in a stock quote. Sometimes "X" alone is used to indicate that the stock is trading ex-dividend. Qualifiers can vary depending on where the stock is quoted, because different news services that supply stock quotes may use different qualifiers. Xenocurrency. A currency that trades in markets outside of its domestic borders. The term "xenocurrency" is derived from the prefix "xeno," which literally means foreign or strange. Xenophobia. Intense or irrational dislike or fear of people from other countries. X-mark signature. An X-mark made by a person in lieu of a signature. Due to illiteracy or disability, a person may be unable to append a full signature to a document as attestation that he or she has reviewed and approved its contents. In order to be legally valid, the X-mark signature must be witnessed. X-rated. 1. Having the rating X as an Xrated movie which is considered suitable for viewing by adults only. 2. Vulgar, ob-
scene, or explicit in the treatment of sex: an X-rated novel; X-rated graffiti. X-rated language. Sexually explicit or obscene language. X-rated movie. A movie having the rating X which is considered suitable for viewing by adults only. X-rated novel. A novel which is vulgar, obscene, or explicit in the treatment of sex. X-rating. A motion picture rating reserved for the most explicit films. Films rated X are intended only for viewing by adults, usu. legally defined as people over the age of 18. X-ray. A form of electromagnetic radiation, similar to light but of shorter wavelength and capable of penetrating solids and of ionizing gases. X-ray technologist. A bonafide holder of a certificate of registration for x-ray technology issued by the Board of Radiologic Technology. [Sec. 3, RA 7431]. X-ray technology. An auxiliary branch of radiology which deals with the technical application of x-rays as aid in the diagnosis of diseases and injuries. [Sec. 3, RA 7431]. XW. A symbol used to signify that a security is trading ex-warrant. XW is one of many alphabetic qualifiers that act as a shorthand to tell investors key information about a specific security in a stock quote. These qualifiers should not be confused with ticker symbols, some of which, like qualifiers, are just one or two letters. The qualifier will follow the ticker symbol and be preceded by a space or hyphen.
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-YYacht. A light sea-going vessel, used only for pleasure-trips, racing, etc. Yacht insurance. Insurance that covers pleasure boats against collision, hull damage, and liability indemnity. Yalta voting formula. The voting rule in the Security Council whereby a decision on procedural matters is to be made by the affirmative vote of any 9 members of the Council while a decision on nonprocedural or substantive matters requires the concurrence of as many members of the body but incl. all the permanent members. [Cruz, Intl. Law Reviewer, 1996 Ed., p. 28]. Yamin. Oath under the unique Islamic rule of procedure. [Tampar v. Usman, GR 82077. Aug. 16, 1991]. Yard. 1. Equal to 3 feet, 6 inches or 91 centimetres. 2. A fenced-off storage or repair area. Yawa. Vis. Devil. [Madrona v. Rosal, GR 39120. Nov. 21, 1991]. Yea and nay. Yes and no. Year. The period of time during which Earth completes a single revolution around the sun, consisting of 365 days, 5 hours, 49 minutes, and 12 seconds of mean solar time. In the Gregorian calendar the year begins on Jan. 1 and ends on Dec. 31 and is divided into 12 months, 52 weeks, and 365 or 366 days. Also called Calendar year. Year plan. A year where records of a plan are kept.
Year to date (YTD). Based on the start of a calendar year to the current date specified. Year to date net income. Revenue from the start of a calendar year to a current date. Year-end closing. An accounting procedure undertaken at the end of the year to close out business from the previous year, carry forward balances from the previous year and open posting accounts for the upcoming year. Year-end closing is part of a company's closing operations, and is used to create a company's financial statements. Yeas and nays. The affirmative and negative votes on a bill or measure before a legislative assembly. Calling the yeas and nays is calling for the individual and oral vote of each member, usu. upon a call of the roll. Yellow dog. A contemptible or cowardly person or thing. Yellow dog contract. 1. A name given in labor law to contract of employment by which the employee agrees to forfeit his employment if he joins a union during the period of employment. [Adame v. CIR, GR L-33221 & L-33262-63. Apr. 28, 1975]. 2. A name given to a contract of employment by which the employee agrees to forfeit their employment if he joins a union during the period of employment. This type of contract is now prohibited in most jurisdictions. Yellow knight. A company that was once making a takeover attempt but ends up discussing a merger with the target company.
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Yield. 1. N. The income return on an investment. The interest or dividends received from a security and is usually expressed annually as a percentage based on the investment's cost, its current market value or its face value. 2. V. To produce as a return from an expenditure or investment; to furnish as a profit or interest. York Antwerp Rules. A set of maritime rules that outline the rights and obligations of ship and cargo owners when cargo must be jettisoned to save a ship. The York Antwerp Rules are a codification of the law of general average, the maritime principle that specifies that all parties involved in a sea venture must proportionately share any losses that result from sacrifices made to the cargo to save the remainder. Young animals. The young of domestic or tame animals which, acc. to the rule, belong to the owner of the dam or mother, according to the maxim Partus sequitur ventrem. Young child. A child from the age of 12 months and 1 day up to 36 months. [Sec. 3, RA 10028]. Your Honor. The proper way to address a judge in court. Youth. 1. Persons 15 to 30 years old. [Sec. 3, RA 8425]. 2. Those persons whose ages range from 15 to 30 years old. [Sec. 4, RA 8044]. Youth detention home. A 24-hour childcaring institution managed by accredited LGUs and licensed and/or accredited NGOs providing short-term residential care for children in conflict with the law and where the child may be physically restricted by order of any judicial, administrative or other public authority, and from which the child is not permitted to leave at will, pending court disposition of the charge or transfer to other agencies or jurisdiction. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-1-18-SC, Nov. 24, 2009]. Youth organizations. Those organizations whose membership or composition are youth. [Sec. 4, RA 8044]. Youth rehabilitation center. A 24-hour residential care facility managed by the DSWD, LGUs, licensed and/or accredited NGOs monitored by the DSWD. The Center provides care, treatment and rehabilitation services for children in conflict with the law under a structured therapeutic environment through the guidance of a trained staff, where the physical mobility of the children may be restricted pending court disposition of their cases. [Sec. 4, RA 9344; Rule on Juveniles in Conflict with The Law, AM 02-118-SC, Nov. 24, 2009]. Youthful offender. A child, minor or youth, incl. one who is emancipated in accordance with law who is over 9 years but under 18 years of age at the time of the commission of the offense. [Art. 189, PD 1179]. Youth-serving organizations. Those registered organizations or institutions whose principal programs, projects and activities are youth-oriented and youthrelated. [Sec. 4, RA 8044]. YTD. See Year to date. Yucky or yukky. Distasteful or contemptible.
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-ZZakat. The term has the meaning assigned to it by Islamic law and jurisprudence as expounded by authoritative sources; in the context of RA 6848, it represents an annual tithe payable by the Bank on behalf of its shareholders and investors in compliance with Islamic Shari'a principles. [Sec. 44, RA 6848]. ZBA. See Zero balance account. Zealous witness. A witness who gives testimony clearly biased toward the party that called him or her to testify. Zebra crossing. The striped white or yellow lines painted on asphalted streets indicating a pedestrian crosswalk. Zero. No quantity or number; naught; the figure 0. Zerp balance account (ZBA). A checking account in which a balance of zero is maintained by automatically transferring funds from a master account in an amount only large enough to cover checks presented. Zero rated. Subject to no value-added tax when sold but the supplier can still recover VAT attributable to it. Zero-rated sale. A sale, barter or exchange of goods, properties and/or services subject to 0% VAT pursuant to Secs. 106 (A) (2) and 108 (B) of the Tax Code. It is a taxable transaction for VAT purposes, but shall not result in any output tax. Zero-rated transactions. [Transactions that] generally refer to the export sale of goods and supply of services. The tax
rate is set at zero. When applied to the tax base, such rate obviously results in no tax chargeable against the purchaser. The seller of such transactions charges no output tax but can claim a refund or a tax credit certificate for the VAT previously charged by suppliers. [Comm. of Int. Rev. v. Seagate Technology, GR 153866, Feb. 11, 2005]. Zihar. In Muslim law, an insult proffered by a husband upon his wife which likens the wife to some prohibited female relation of his, and exposes the husband to divorce. Zina. In Muslim law, the sexual relations; occurring outside of the bond of marriage. ZIP. See Zonal Improvement Program. Zipper. Separable fasteners of the slidecontrolled type. Zipper clause. Labor. A stipulation in a CBA indicating that issues that could have been negotiated upon but not contained in the CBA cannot be raised for negotiation when the CBA is already in effect; the CBA is a complete agreement. Zona. The dreaded military operation which was not unlike the feared practice of the kempeitai during the Japanese Occupation of rounding up the people in a locality, arresting the persons fingered by a hooded informer, and executing them outright (although the last part is not included in the modern refinement). [Alih v. Castro, GR L-69401. June 23, 1987]. Zonal Improvement Program (ZIP). The program of the Natl. Housing Authority (NHA) of upgrading and improving
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blighted squatters areas within the cities and municipalities of Metro Manila pursuant to existing statutes and pertinent executive issuances. [Sec. 3, RA 7279]. Zone. A specifically designated section of a larger area or territory. A section of a city or municipality controlled by specific restrictions on permitted land uses such as for residential, commercial, industrial, etc. Zone of possible agreement. Not a physical place, the zone of possible agreement is considered an area where 2 or more negotiating parties may find common ground. It is this area where parties will often compromise and strike a deal. Zone of resistance. A price zone in which a stock finds resistance and begins to trade downward. In technical analysis, that support occurs not at a finite point, but in a zone. The density of the zone of resistance, or how far up the price can move through it, depends on the volume of trading as the price approaches and enters the zone. The higher the volume of trading in the zone of resistance, the lower the point at which the actual resistance will most likely occur. Compare with Zone of support. Zone of support. A price zone in which a stock finds support and begins to trade upward once again. In technical analysis, support occurs not at a finite point, but in a zone. The "density" of the zone of support, or how far the price can move down through it, depends on the volume of trading as the price approaches and enters the zone. The higher the volume of trading in the zone of support, the higher the point at which actual support will most likely occur. Compare with Zone of resistance. Zone resident in secured area. Any individual who, by virtue of domicile or employment, resides on permanent basis in the secured area. The term does not include individuals who have entered into short or long-term property lease but are not engaged in registered business activity in the zone, outsiders engaged in doing business within the zone, transients and/or weekenders. [Customs AO 3-95, Dec. 6, 1995]. Zoning. The confining of certain classes of buildings and uses to certain localities, areas, districts or zones. It is the division of the municipality into districts and the regulation of buildings and structures within the districts so created in accordance with their construction, and nature and extent of their use. It is a dedication of districts delimited to particular uses designed to subserve the general welfare. [Pampanga Bus Co. v. Mun. of Tarlac, GR L-15759. Dec. 30, 1961]. Zoning law or ordinance. 1. A local legislation approving the development or land providing for the regulations and other conditions on the uses of land incl. the limitation on the infrastructure that may be placed within the territorial jurisdiction of a city or municipality. [Sec. 4, RA 8435]. 2. Either both national or local city or municipal legislation which logically arranges, prescribes, defines and apportions a given political subdivision into specific land uses as present and future projection of needs warrant. [Sec. 4, PD 449].

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Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon

Alvin T. Claridades Legal & Jurisprudential Lexicon