GLOSSARY OF LEGAL TERMS

GLOSSARY OF LEGAL TERMS

This glossary includes selected legal terms, which judges come across in their readings or which they may need to use in his writings.

a contrario sensu from the contrary sense

abusos deshones
abuse of chastity

a converso
conversely a foftiori with stronger reason

access device

any card, plate, code, account

number. electronic serial number, personal identification number, or other telecommunication service, instrumental equipment, identification. or other means of account access that can be used to obtain money, goods, services, or other thing of value or other than a transfer originated solely by paper instrument (Sec. 3(a), 8484, Access Devices Regulation Act of 1998)

or

a gratis argumentis
for the sake of argument

a tnensa et thoro
from bed and board a quo from which or whom
a

RA

priori

from cause to
presumptive

accessio cepit principa

effect:

an accessory follows the principal

ab inconveniente from hardship; from what

is inconvenient

accion interdictal the summary action for forcible

entry where the defendant's possession of property is illegal

ab initio from the beginning; ftom

first to last

ab initio or the summary action for unlawful detainer where the defendant's possession was originally lawful but ceased to be
so by the expiration of his right to possess

aberratio ictus
wandering or stray blow; a blow received by a person which intended for another

is

accion publiciana a plenary action for recovery of the right to possess where the dispossession has lasted for
more than one year

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GLOSSARY OF LEGAL TERMS

acci on rei nvin dicatori a

seeks to

alleged

recover ownership and includes jus utendiand ius fruendi acto nulo a void act

complaint must be proven during trial; otherwise, the allegation cannot be used against the accused. (People v. Bautista,2S

in the information or

scRA 184)
amicus curiae

ad damnum the statement of damages in a pleading

a friend of the court, one who

appears in a legal action to give his views on the legal issues raised in the case. Note the spelling ot'curiae"

adhesion contract a contract drafted by the

stronger party,

then

amparo

presented for acceptance to the weaker party, who has no power to modify its terms

literally means "protection" and

originated in Mexico

ad litem
just for a particular action

animo lucrandi signifies intent to profit from a certain activity

or

gain

antique ad nauseam

to the point of disgust or

satiety ad rem to the purpose; to the point

rare cultural law or property which is at least 100 years old (Sec. 3, RA 4846 Cultural Properties Preservation and
Protection Act)

arguendo ad seriatim in succession or "one by

one" in an enumeration for the sake of argument

articulo mortis
at the point of death

admission party's acknowledgment of a fact which is against his

interest

assumpslf a common law term to recover

damages for

the

non-

performance of a contract

aedificium solo cedit the building yields to the

land

allegata et probata a doctrine in criminal law which states that what is

asymmetric or public cryptosystem system capable of generating a secure key pair consisting of a private key for creating a digital signature and a public key for
verifying the digital signature

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GLOSSARY OF LEGAL TERMS

barratry any willful misconduct by the master or crew of a vessel in pursuance of

biological sample any organic material originating from a person's body even if
found in inanimate objects, that is DNA testing; susceptible includes blood, saliva, and other body fluids, tissues, hair, and bones

some

unlawful or purpose without fraudulent the consent of the owner and to the prejudice of the owner's interest. (Roque v. lntermediate Appellate Court,139 SCRA 596)

to

biologicals

battered woman syndrome

a defined pattern of psychological and

behavioral symptoms
in

vaccines, cultures and other preparations made from living organisms and their products, intended for use in diagnosing,
immunizing, or treating humans or animals, or in related research

found in women living

battering relationships as a result of cumulative abuse. Those found by the courts to be suffering fom this syndrome do not incur any criminal liability or civil liability, notwithstanding the absence of any of the elements to justify selfdefense under the Revised Penal Code (RA 9262, sec. 3D(c) and sec. 26)

business records include records of any business,

association, and calling of every kind, whether or not conducted for profit or for legitimate or illegitimate purposes institution,

profession, occupation,

case at bar

trial court in the exercise of its original jurisdiction

the case being tried by a

best interest of the child

totality

the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the physical, child's and emotional development; least detrimental available alternative for safeguarding the growth and development of the child

of

case at bench the case being heard before an appellate court

causa sine qua non the determining cause, without which something could not have
occurred

psychological the

caveat emptor
buyer beware

caveat venditor sellers beware

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GLOSSARY OF LEGAL TERMS

cesfui gue trust a beneficiary chattels

of a trust; pronounced set-a-ku-trust

children in especially difficult

circumstances

children who are abandoned,

neglected, abused and exploited, of prostitution pedophiles, runaways, delinquents, youth offenders and drug dependents, street children,

disabled, victims common law term for

movable things,

as

and

in

Chattel Mortgage Law

child abuse physical, psychological, or

sexual abuse, and criminal

neglect,

as

working children, children in situation of armed conflict, children in cultural communities, and children victims of natural
disasters

defined

in

Republic Act No. 7610 and other related laws

chose in action the instrument evidencing is right;

child at risk a child who is vulnerable to and at the risk of

committing

right

to sue for

money or

property; e.g. promissory note

offenses because

criminal

of

clausula rebus src sfanfbus stipulations of the parties should

be made to stand out

personal, family and social circumstances, e.g. being exploited sexually or

economically, being a gang member, being outof-school, etc. (Section

4(d), RA 9344)

"clean hands" doctrine

legal principle grounded on equity which says that a complainant seeking relief in the courts must not himself be guilty in the matter subject of his claim

child witness any person who, at the time of giving testimony, is below the age of eighteen (18) years; in child abuse

color
mere semblance of a legal right (color of title) conveyance

cases, a child includes over eighteen (18) years but is found by the court
as unable to fully take care protect himself himself abuse. neglect, cruelty, exploitation, or discrimination because of physical mental disability or condition

every instrument by which any estate or interest in real estate is

created, alienated, mortgaged or assigned (Monge v. Angeles, 101 Phir. 565 [1e57])

of

of from or

corpus delicti
the body of the crime

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GLOSSARY OF LEGAL TERMS

court-annexed mediation any mediation conducted under the auspices of the court after such court has acquired jurisdiction of the
dispute

DNA evidence constitutes the totality of the DNA profiles, results, and other genetic information directly generated from DNA testing of biological samples DNA profile Genetic information derived from biological DNA testing sample obtained from a person, which biological sample is clearly identifiable as originating from that person

damnum absque injuria datum

damage without
injury

legal

of a

de

jure
from the law; by right

de mesne possession

real property one's own name; pronounced "demen"

in

of

DNA testing

developmental level specific growth phase in which most individuals are expected to behave and function in relation to the

Verified and credible scientific methods which include the extraction of DNA from biological samples, the generation of DNA profiles and comparison of the information obtained from the
DNA testing of biological samples determining reasonable certainty, whether or not the DNA obtained more distinct from biological samples originates from the same person (direct identification) or if the biological samples originate from related persons (ki nship analysis)

for the purpose of

of cognitive, and
advancement
abilities

with

their
moral

physical, socio-emotional,

two or

dictum
something said in passing, essential the (see holding) decision

not

to

dumping

act of

DNA

deoxyribonucleic acid which is the chain of molecules found in every

totality
nucleated cell of the body; of an individual's DNA unique for the individual, except identical twins

commodity,

Philippines any

importing

into the product, or article of

is

commerce at an export price that is less than its normal value in the ordinary course of trade for a like product, commodity, or article in the exporting country that tends to cause material injury to a domestic industry

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GLOSSARY OF LEGAL TERMS

ejusdem generis of the same kind

equity
justice outside law, being ethical, rather than jural and belonging to the sphere of morals than of law; grounded on the precepts of

electronic signature
characteristic

any distinctive

mark, and/or sound in electronic form, representing the identity of a person and attached to or logically associated with electronic data electronic message any document or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic message or electronic document (Sec. 5(e), RA 8792)

conscience
ex cathedra

and not on

any

sanction of positive law

the

from the chair;with high authority

or or methodology

Excfusive Economic Zone (EEZI an area beyond and adjacent to the territorial sea, which shall not extend beyond 200 nautical miles from the baseline as defined by

existing laws (Sec. 4(18), RA

8550)

data

ex pafte at the instance of one party only, without representation of the

other side

en banc that is, when all the judges in a division or collegiate

court are seated

ex propio vigore
by its own force

ex rel.

environmental protection order (EPO) refers to an order

abbreviation for ex relatione, which means upon relation or

information

by the court directing or enjoining any person or government agency to perform or

issued
desist from performing an

facilitator
person appointed by the court to pose questions to a child fee simple shortened form of "estate in fee simple," referring to an absolute form of ownership feme sole a single woman

act in order to

protect, preserve or rehabilitate the environment

equitable estoppel a situation where one or two innocent persons must suffer a loss, he who by his conduct made the loss possible must be the one
to bear it

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GLOSSARY OF LEGAL TERMS

ferae naturae wild animals

gender

socially learned behavior and

expectations associated with the two sexes; socially differentiated roles and characteristics attributed by a given culture to women and men

fishing vessel

any boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or

more assisting one vessels in the performance of any activity relating to fishing, including but not preservation, limited storage, supply, refrigeration, and/or transportation, processing

or

to

guardian ad litem person appointed by the court where the case is pending for a child who is a victim of, accused of, or a witness to a crime to protect the best interest of the
child

habeas data
data"

literally means "you have the

fungible goods
goods of a kind in which all units are identical

holding
precise issue or principle decided in a case (see dicfum)

functus oficio automatic termination of an office or official activity once it has served the legal purpose for which it
was constituted

id esf
that is

in-depth investigative interview or

disclosure interview

garnishment
process of notifying a third person, 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 the court concerning the same, and to dispose of the same as the court shall direct to satisfy the judgment

called

an inquiry or proceeding conducted by duly trained members of multidisciplinary

team

or representative of law enforcement or child protective services for the purpose of determining whether child abuse
has been committed

to

in esse
in being; existing; in actuali$

in haec verba
in the very words

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GLOSSARY OF LEGAL TERMS

in initio
in the beginning

jus ex injuria non oritur a right does not arise out of

in invitum
without consent

just compensation

wrong

full and fair equivalent of

in loco parentis
in place of a parent

the property taken from its owner by the expropriator

in pare materia
on the same topic

legal capacity to sue a party is not suffering from any

disability, such as minority, insanity, covertures, lack of

in personam

to

in person, said of an action someone personally liable

make

juridical capacity, incompetence, civil interdiction or does not have the character or representation
which he claims or with respect to foreign corporation that is doing business in the Philippines with a license

in propria persona

in his own
by an attorney

behalf,

representing oneself, not

levy

in re
in regard to

seizure of property, personal and/or real, belonging to the judgment debtor for subsequent

execution
judgment

sale to

satisfy

in rem
said of an action to subject specific propefi to liability

lex loci law of the place where the court

is

in situ
in its original position

lex loci aclus inter alia

among other things the law of the place of the act

lex loci contractus

intestate said of someone who dies without having made any
will

the law of the place of

contract

the

lex loci rei sitae the law of the place where the
thing is located

ipso facto by that very fact

ipso jure by the law itself

Iex scripta
statute law

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GLOSSARY OF LEGAL TERMS

lis

pendens a pending suit; the jurisdiction acquired by a court over property involved in a suit pending
the action another

mens rea criminal intent modus operandi mannerofworking modus vivendi manner of living

pendencia pendency of action mala fide with bad faith

litis
malum in se

mora accipiendi
delay of the obligee or creditor to accept the delivery of the thing which is the subject of the obligation

Latin term for "evil in itself'; an act which is inherently wrong and

mora solvendi delay of the obligor or debtor to

perform his obligation

where the intent governs

prohihitum of his own accord an act made wrong or prohibited by legislation muhtis mutandis the same except for a change in mandamus details a Latin term meaning "we command" negative pregnant a denial in a pleading which, in market value fact, can be interpreted aS an sum of money which a affirmation or admission of a person, desirous but not substantial fact that is at the heart compelled to buy, and an of the issue involved owner, willing, but not compelled to sell, would nemo esf supralegis agree on aS a price to be no one is above the law given and received therefore nil nothing; zero mediation a voluntary process in non allegata no probata which a mediator selected that which is not alleged cannot by the parties facilitates be proved
malum

motu proprio

communication
parties
regarding a dispute

in reaching a voluntary agreement

and negotiation and assists the

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GLOSSARY OF LEGAL TERMS

non sequitur
it does not follow

nota bene
note well

plurality refers to a case when three or more persons are involved in an election and no one receives more than fifty (50) percent of the
votes

nullum tempus occurit regi prescription does not run

against the State

presents a legal document as in "Know All Men By These Presents"

nunc pro tunc

now for then. as

backdating

in

pro se for oneself; representing oneself without an attorney; the same as

in propria persona

obiter dictum a thing said by the way

pro tanto onus probandi

for so much

who has to truthfulness

allegations

burden of proof; rests on the shoulders of the one

probability of parentage

prove

of

the his

pacta sunt seruanda stipulations of the parties must be complied with

putative parent, compared with the probability of a random match of two unrelated individuals in a given population
protected area identified portions
government

numerical estimate for the likelihood of parentage of a

religiously
faith

and in

good

pari passu
side by side per curiam

water set aside by

of land and
the

for reason of their unique physical and biological

acting unanimously, hence, there should be no dissent

by the court

significance, and managed and protected to enhance biological diversity against destructive human exploitation

per stirpes by representation persona non grata an unacceptable person

puissne subordinate, associate Judge;

pronounced as py-u-n

quantum
how much; the whole; a totality

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GLOSSARY OF LEGAL TERMS

quantum meruit as much as deserved

quid pro

quo

address, school, or any other personal identifying information about a child or his family and
that is produced or maintained by a public agency, private agency, or individual redendo singula singulis take the words distributively and apply the reference reductio ad absurdum reducing to the absurd; a method of proof in which a proposition is

something in

return
the Latin

quo

warranto

derived from

authority" quod hoc to this extent

phrase meaning "by

what

shown to be true

rape/sexual abuse shield rule in prosecution for rape, evidence of complainant's res inter alios acta past sexual conduct, a transaction between two parties ought not to operate to the opinion thereof or of prejudice of a third person his/her reputation shall not be admitted unless, and res ipsa loquitur only to the extent the court finds, that such evidence the thing speaks for itself is material and relevant to

by demonstrating the absurdity of its contradiction

the case (Sec. 6,

8505)

RA

res

judicata

doctrine which precludes parties

ratione cessat lex, et cessaf lex when the reason for the law ceases. the law

from relitigating issues actually litigated and determined by a

prior and finaljudgment

ceases any

res nullius a thing without an owner

record regarding a child

videotape, audiotape,

film, let the principal answer for the handwriting, typewriting, acts of his agent printing, electronic recording, computer data scienter knowingly a party's guil$ or printout or other memorialization, including knowledge any court document, pleading, or any copy or seriatim reproduction of any of the [adv] serially in a series; [adj] foregoing, that contains following, one by one the name, description,
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photograph,

respondeat superior

GLOSSARY OF LEGAL TERMS

sex discrimination any distinction, exclusion, restriction or bias made on the basis of sex, which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of women of

strategic lawsuit against

public

participation (SLAPP) an action, whether civil, criminal

government agency or local government unit or its officials

or administrative, brought against any person, institution, or

human rights and fundamental freedom in the political, economic,

social, cultural, civil or any other field

sic utere tuo ut alienum

non laedas so use your own property as not to injure the rights of others

and employees, with the intent to harass, vex, exert due pressure or stifle any legal recourse that such person, institution or government agency has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights

sub-rosa
confldentially

sine die

without
appointed

a day being

sui generis
of its own peculiar kind; in a class by itself

sine qua non

without which;
of one's own accord

not something indispensable

sui juris having capacity

sponfe sua sfare decisis stand by what is decided; judges are bound by the

support person person chosen by the child to accompany him to testify to or attend a judicial proceeding or deposition to provide emotional
support for him

decisions of
predecessors

their

tabula rasa
a clean slate: used in decisions to mean "This issue has been passed upon clearly other decisions"

sfafus guo
the existing condition

in

stafus quo ante as things were before the

terminus a quo
the starting point

controversy (Beltran

v.

Diaz, 77 Phil. 491 [1946])

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GLOSSARY OF LEGAL TERMS

timber

should be taken in its common acceptation as referring to wood used for suitable building or for

zonrng

the governmental regulation on the use of land according to districts or zones, based on the
nature and extent of their use

carpentry

or

joining;

includes lumber ubi jus, ibi remedium

where there

is a

right,

there is a remedy

violence against women

an act of

gender-based violence that results in. or

physical, sexual, or psychological harm or suffering to women, including threats of such

acts, coercion, or arbitrary

is likely to result in,

deprivation

of

libefi,

whether occurring in public

or in private life; encompasses all forms of violation of women's

threats and reprisals, exploitation, harassment, and other forms of control

rights, including

volenti non
dolus

fit lnjuria neque

he who

voluntarily assumes a risk does not suffer damage thereby

writ of amparo 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 private individual or entity

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