regular employment of public health workers,

their services shall not be terminated except for

M
cause provided by law and after due process.
Cotiangco vs. The Province of Biliran, 659 SCRA
177 [2011]

Magister

Lat. Master; one in command.

Magistrate

An officer having power to issue a warrant for

the arrest of a person charged with a public
Maceda Law (R.A. No. 6552)
offense. Collector of Customs vs. Villaluz, 71
SCRA 356 [1976]
Republic Act (RA) No. 6552 was enacted to
protect buyers of real estate on installment
A magistrate is an officer having the power to
payments against onerous and oppressive
issue a warrant for the arrest of a person
conditions. Sebastian vs. BPI Family Bank, Inc.,
charged with the commission of a crime. The
739 SCRA 9 [2014]
following persons are magistrates: (1) the
justices of the Supreme Court; (2) the judges of
It bears emphasizing that Republic Act (RA) No.
the Circuit Court; (3) the county judges and
6552 aimed to protect buyers of real estate on
justices of the peace; and (4) all municipal
installment payments, not borrowers or
officers authorized to exercise the powers and
mortgagors who obtained a housing loan to pay
perform the duties of a justice of the peace. Ibid.
the costs of their purchase of real estate as
security for their loan. Id.
Mailcert
Machine
Certificate of clearance for postal matter granted
In mechanical regulations: the driven unit of an
by a representative of a belligerent in a neutral
equipment.
State for the purpose of contraband control.

Machine house
Main

In mechanical regulations: an enclosure for

Principal, chief, first in size, rank, importance.
housing the hoisting mechanism and power
plant.
It may be reasonably assumed then that the
main gate is not the only gate, although the
natural tendency of employees and customers is
Machine parts
to pass through the main gate. Iloilo Dock &
Engineering Co. vs. Worksmens Compensation
In mechanical regulations: any or all moving
Commission, 26 SCRA 102 [1968]
parts of a machine.
Magna Carta for Public Health Workers
Maintenance
1.Section 8 of the Magna Carta of Public Health
Workers (R.A. 7305) provides that in case of
Assisting someone with the means of
prosecuting a lawsuit in which the maintainer
has no material interest.
Maintenance, Doctrine of
The doctrine of maintenance was directed
against wanton and in officious intermeddling
in the disputes of others in which the
intermeddler has no interest whatever, and
where the assistance rendered is without
justification or excuse. The Conjugal
Partnership of the Spouses Vicente Cadavedo
and Benita Arcoy-Cadavedo vs. Lacaya, 713
SCRA 397 [2014]
Mainour
In old English law: a thing stolen found in the
possession of the thief or near him.
Mainpernable
That which may be let to bail.
Mainpernor
One who gives safety for the release of a
prisoner.
Mainprise
Also mainprize: the surety given by one or more
persons called mainpernors, that a prisoner to be
released will appear on a certain day. Failure to
deliver him subjected the mainpernors to fine or
amercement. The ancient difference between bail
and mainprise is difficult to make out with any
certainty. The term mainprise has now been
completely displaced by bail.
The writ requiring the sheriff to release the
prisoner because adequate surety has been
offered.
The name for the mainpernor, especially for a
group of them.
Mainsworn
Sworn to a falsehood.
Maintenance-of-membership
In labor law: one which requires all employees
who are already members of the union at the
time the provision takes effect to remain such
members during the life thereof as a condition of
continued employment. Manila Cordage
Company vs. Court of Industrial Relations, 78
SCRA 398 [1977]
Maintainor
One who is guilty of maintenance.
Majores
Male ascendants beyond the sixth degree.
In Roman law: persons of importance.
Majority
Full age. This is generally eighteen years old for
both men and women.
In general: more than half of any number of
items.
The number greater than half or more than half
of any total.
In Election law: More than half of the votes cast
at any type of elections.
Majority of qualified voters
The phrase would not have meant majority of
the votes cast. The two phrases are as different
as the words employed and it stands to reason
that the Congress did not intend the first to be
taken in the same sense the latter is understood.
Leyva vs. Commission on Elections, L-25469
[1966]

Maker
One who signs and issues a promissory note. He
is the person primarily responsible on it. His
signature on a written instrument is one of the
requirements that makes the instrument
negotiable Sec. 1, At No. 2031, as amended.
Making ones law
The same as waging ones law.
Mal
Lat. A prefix signifying evil or bad.
Mala animo
Lat. With evil intentions.
Malacanang
The official home of the President of the
Philippines in Manila.
Maladministration
The gross mismanagement of an office of public
trust.
Mala fides
Lat. Bad faith. The opposite of bona fides or
good faith.
In ablative: Mala fide, it is used adverbially to
mean fraudulently or maliciously or with
evil intent.
Mala in se
Mala prohibita: Lat. Evil in themselves.
Prohibited evil things. A common distinction
made in the law between acts which the
normally conscientious man regards as evil, like
theft or murder or fraud, and those which are
evil in themselves, and are torts or crimes,
because they are forbidden by statute, like
failure to pay taxes, or the disregard of traffic
laws.
Mala praxis
Lat. Malpractice.
Mala prohibita
Lat. Acts prohibited by law and so wrongful.
Malediction
A curse. At one time, it was laid against those
who violated donations of lands to religious
institution.
Malefactor
A person guilty of a crime.
Malfeasance
The doing of a wrongful act, whether a tort or a
crime; or the doing of an illegal act by an official
forbidden by the terms of his appointment.
Contrasted with misfeasance and nonfeasance.
Malice
The state of mind of a person who intentionally
does a wrongful act. It is malice even if he claims
some superior moral justification or even if he
does not expect harmful consequences to flow
from his act. Malice may be implied if the
natural and necessary consequences of an act
will be the injury to another.
Doing a wrongful act intentionally, without just
cause or excuse is all that is necessary to
constitute malice. Malice is necessary to the
commission of some criminal offenses.
Malevolence and unkindness of heart and
enmity towards an individual are not essential.
It is rather the intent from which flows any
unlawful and injurious act committed without
legal justification.
Illustrations: If one sets poison for another and a
third party takes it and dies, there will be by
legal construction a murder of the third person
with malice aforethought. Malice is implied
frequently from the facts proven or the act
committed. It is implied in every case of
intentional homicide and, the killing be proven,
it devolves upon the defendant to show
circumstances to overcome this implication,
such as excusable accident, justification and the
like.
Malice aforethought
A term necessary in an indictment for murder. It
implies that the intention to kill, or to commit
the felony that resulted in killing, existed at
some time even if only a very short time before
the act was done. Also called malice prepense.
Malice in fact
A real malevolence against a person injured, a
desire to harm him. A personal ill-will, hatred or
purpose to injure. U.S. vs. Lerma, 2 Phil. 254
[1903]; U.S. vs. Bustos, 37 Phil. 731 [1918]
Malice in law
Legal malice: a presumption of law which
springs from every defamatory imputation and
dispenses with proof of malice when the
defamatory words from which such
presumption arises are shown to have been
uttered or published. Ibid.
Malicious
Implying malice in the legal sense. Acts will be
taken to be malicious if done without any reason
that would justify a normally conscientious man
in so acting.
Malicious arrest
The securing of the arrest of a person on a
criminal charge without adequate reason to
believe that the person has committed the crime;
or with knowledge that he has not.
Malicious mischief
Damage willfully, recklessly and deliberately
caused to the property of another, which does
not constitute arson or other crimes involving
destruction. Art. 327, Revised Penal Code
Nature of: In malicious mischief the accused
must be moved by the specific design to inflict
injury to another, or to cause damage or
prejudice. The term ' 'deliberately' ' indicates
special malice to cause damage not constituting
arson. Malicious mischief is the willful
damaging of another's property for the purpose
of causing injury due to hate, revenge or other
evil motive. If there was no malice in causing the
dam age to the property, there is no crime and
the obligation to repair or pay for the damage is
only civil.
The elements of the crime of malicious mischief
under Article 327 of the Revised Penal Code are:
(1) That the offender deliberately caused
damage to the property of another; (2) That such
act does not constitute arson or other crimes
involving destruction; (3) That the act of
damaging anothers property be committed
merely for the sake of damaging it. Taguinod vs.
People, 659 SCRA 23 [2011]
Malicious prosecution
The instigating of a criminal prosecution
without adequate reason or probable cause to
believe the person to be prosecuted is guilty. An
action for dam ages for malicious prosecution
will lie if the prosecution is terminated in favor
of the person bringing the action.
Generally, denuncia falsa or malicious
prosecution refers to un founded criminal
actions. The term has been expanded to include
unfounded civil suits instituted just to vex and
humiliate the defendant despite the absence of a
cause of action or probable cause. Equitable
Bank Corporation vs. Intermediate Appellate
Court, 133 SCRA 136 [1988]
To constitute malicious prosecution, there must
be proof that the prosecution was prompted by a
sinister design to vex and humiliate a person
that it was initiated deliberately by the defen-
dant knowing that his charges were false and
groundless. Concededly, the mere act of
submitting a case to the authorities for
prosecution does not make one liable for
malicious prosecution. Manila Gas Corporation
vs. Court of Appeals, 100 SCRA 602 [1980]
Elements: To support an action for malicious
prosecution the plaintiff must prove, in the first
place, the fact of the prosecution and the fact
that the defendant was himself the prosecutor,
or that he instigated its commencement, and that
it finally terminated in his acquittal; that, in
bringing it, the prosecutor had acted without
probable cause, and that he was actuated by
legal malice, i.e., by improper or sinister
motives. Rehabilitation Finance Corporation vs.
Koh, 4 SCRA 535 [1984]
Defense: Advice of counsel is a complete defense
to an action for malicious prosecution where it
appears that the prosecution was instituted in
reliance in good faith on such advice given after
a full and fair statement of all the facts to the
attorney. Ibid.
Liability for damages: Before the respondent's
liability for damages in an action for malicious
prosecution can attach, it must appear that he
filed his petition for certiorari and obtained the
issuance of the writ of preliminary in junction
maliciously and without probable cause. Aquino
vs. Socorro, 35 SCRA 373 [1970]. Moreover, the
recovery of moral damages for malicious
prosecution is allowed under Article 2219 of the
Civil Code. Meyr Enterprises Corporation vs.
Cordero, 734 SCRA 253 [2014]
Malingerer
A person who pretends to be ill in order to
escape from some form of du ty, usually
military; or who deliberately incurs a disease or
disables himself with that purpose.
Malitia praecogitata
The Latin term for malice aforethought or malice
prepense.
Malo grato
Lat. In spite of.
Malpractice
Refers to any malfeasance or dereliction of duty
committed by a lawyer. Tan Tek Beng vs. David,
126 SCRA 389 [1983]
Misconduct on the part of a professional person,
such as an attorney or a physician, arising from
negligence or otherwise, and giving rise to a
right to bring suit for damages sustained.
The rule making dentists, physicians and
surgeons liable in damages for lack of
reasonable and ordinary care, skill and diligence
resulting in injury to a patient. This is equally
applicable to professional nurses or midwives.
When a physician or surgeon treats a case, he
undertakes an ordinary care, skill and diligence,
and if injury results to his patient by reason of
want of such care, skill or diligence he is liable
for damages, though he is not an insurer of
results unless he expressly and absolutely
contracts therefor to render him liable.
Maltreatment
Treating somebody roughly, unkindly, or
brutally. A crime committed by a public officer
or employee when physical injuries are inflicted
on a prisoner Art. 235, Revised Penal Code
Malversation
Any public officer who, by reason of duties of
his office, is accountable for public funds or
property, appropriates the same, or takes or
misappropriates or consents, or through
abandonment or negligence, permits any other
person to take such public funds or property,
wholly or partially, or otherwise is guilty of the
misappropriation or malversation of such funds
or property. Article 217, Revised Penal Code
The malversation of public funds are thus: (1)
that the offender is a public officer; (2) that he
had the custody or control of funds or property
by reason of the duties of his office; (3) that
those funds or property for which he was
accountable; and (4) that he appropriated, took,
misapplied or consented or through
abandonment or negligence, permitted another
person to take them. Tubola, Jr. vs.
Sandiganbayan, 647 SCRA 446 [2011]; Candao
vs. People, 659 SCRA 696 [2011]
To justify conviction for malversation of public
funds or property, the prosecution has only to
prove that the accused received public funds or
property and that he could not account for them,
or did not have them in his possession and
could not give a reasonable excuse for their
disappearance. Cua vs. People, 660 SCRA 235
[2011]
Management
Synonymous with operation, administration or
control and they imply the exercise of discretion.
There is no legal differentiation among these
terms and they signify positive, rather than mere
negative conduct. People vs. Trosona, CA-G.R.
No. 03741-CR [1964]
Management contract
In Corporation law: It is an agreement under
which a corporation dele gates the management
of its affairs to another corporation for a certain
period of time.
Conditions to enter into a contract:
a. Such contract shall have been approved by the
board of directors and by stockholders owing at
least the majority of the outstanding capital
stock, or by at least the majority of the members
in the case of a non-stock corporation, of both
the managing and the managed corporation, at a
meeting duly called for that purpose.
b. Where a stockholder or stock holders
representing the same interest of both the
managing and managed corporations own and
control more than one-third (1/3) of the total
outstanding capital stock entitled to vote of the
managing corporation; or where a majority of
the members of the board of directors of the
managing corporation also constitute a majority
of the board of directors of the managed cor-
poration, then the management contract must be
approved by the stock holders of the managed
corporation owning at least two-thirds (2/3) of
the total outstanding capital stock entitled to
vote, or by at least two-thirds (2/3) of the
members in case of a nonstock corporation;
c. No management contract shall be entered into
for a period longer than five years for one term;
d. The aforementioned conditions shall apply to
any contract whereby a corporation undertakes
to manage or operate all or substantially all of
the business of another corporation whether
such contracts are called service contracts,
operating agreements or otherwise; and
e. Such service contracts or operating
agreements which relate to the exploration,
development, exploitation or utilization of
natural resources may be entered into for such
periods as may be provided by the pertinent
laws or regulations.
Management Prerogative
The Supreme Court has recognized that
the employer has the right to regulate, according
to its discretion and best judgment, all aspects of
employment, including work assignment,
working methods, processes to be followed,
working regulations, transfer of employees,
working supervision, lay-off of workers and the
discipline, dismissal and recall of workers.
Century Iron Works vs. Baas, 699 SCRA 157
[2013]
The Supreme Court has consistently ruled
that the power to dismiss n employee is a
recognized prerogative inherent in the
employers right to freely manage and regulate
business. The workers right to security of
tenure is not absolute right, for the law provides
tht he may be dismissed for cause. Sutherland
Global Services vs. Labrador, 719 SCRA 634 [2014]
In the exercise of its management
prerogative, an employer must therefore ensure
that policies, rules and regulations on work-
related activities of the employees must always
be fair and reasonable and the corresponding
penalties, when prescribed, commensurate to
the offense involved and to the degree of the
infraction. Mirant Corporation vs. Caro, 723 SCRA
465 [2014]
The right of an employer to regulate all
aspects of employment, aptly called
management prerogative, gives employers the
freedom to regulate, according to their
discretion and best judgment, all aspects of
employment, including work assignment,
working methods, processes to be followed,
working regulations, transfer of employees,
work supervision, layoff of workers and the
discipline , dismissal and recall of workers. St.
Luke's Medical Center vs. Sanchez, 753 SCRA 218
[2015]
The exercise of management prerogative is a
recognized right of a corporate entity. However,
the exercise of such right must be tempered with
justice, honesty, good faith and a careful regard
of other partys rights. Laborte vs. Pagsanjan
Tourism Consumers Cooperative, 713 SCRA
536 [2014]
2.An employer has the right to regulate,
according to its discretion and best judgment, all
aspects of employment, including work
assignment, working methods, processes to be
followed, working regulations, transfer of
employees, work supervision, lay-off of workers
and the discipline, dismissal and recall of
workers. Reyes-Rayel vs. Philippine Luen Thai
Holdings, Corp., 676 SCRA 183 [2012]
3.The grant of bonus or special incentive, being a
management prerogative, is not a demandable
and enforceable obligation, except when the
bonus or special incentive is made part of the
wage, salary or compensation of the employee,
or is promised by the employer and expressly
agreed upon by the parties. Mega Magazine
Publications, Inc. vs. Defensor, 726 SCRA 383
[2014]
Management rights
While the Constitution to the policy of social
justice and the protection of the working class, it
should not be expected that every labor dispute
will be automatically decided in favor of labor.
Management also has its own rights which, as
such, are entitled to respect and enforcement in
the interest of simple fair play. The Coca-Cola
Export Corporation vs. Gacayan, 652 SCRA 463
[2011]
Manager
Strictly speaking, a manager is merely an
employee.
An agent appointed by a person or a corporation
to have charge of an undertaking.
A manager is one who has the superintendence
of a particular contract or job in which the latter
case he is like a fellow workman.
A manager is only an exalted employee and not
an officer. Arcilla vs. Wack-Wack Golf &
Country Club, Inc., CA-G.R. No. 11518-R [1955]

In Civil law: As used in Article 1647, Civil Code,
the term "manager" is the one who has special
power, like the husband, the father or guardian,
which is necessary for the registry of a lease
executed in his capacity.
Under Article 2180, Civil Code, the term
"manager" is used in the sense of "employer"
and does not embrace a ''manager'' who may
himself be regarded as an employee or
dependiente of his employer. Philippine Rabbit
Bus Lines, Inc. vs. Philippine AM Forwarders,
Inc., 63 SCRA 231 [1975]
Managerial employees
The test of supervisory or managerial status Procedure, a petition for mandamus may be
depends on whether a person possesses
authority to act in the interest of his employer
and whether such authority is not merely
routinary or clerical in nature, but requires the
use of independent judgment. Clientlogic
Philippines, Inc. vs. Castro, 647 SCRA 524 [2011]
Manager's check
One drawn by the manager of a bank upon the
same bank of which he is the manager.
By its peculiar character and general use in
commerce, a managers check or a cashiers
check is regarded substantially to be as good as
the money it represents. Metropolitan Bank and
Trust Company vs. Chiok. 742 SCRA 435 [2014]
Manbote
In Ancient English law: Compensation paid to a
murdered person's relatives.
Mandamus
Lat. We command. A prerogative writ issued by
a higher court directed to some official or some
corporation carrying an official function,
commanding the performance of a public duty.
The peremptory writ-now rare commands the
act without qualification and disobedience is a
contempt. The alternative writ requires the
doing of the act or some justification before the
court of the failure to do it.
A writ of mandamus will only issue to compel
an officer to perform a ministerial duty. It will
not control a public officers exercise of
discretion as where the law imposes upon him
the duty to exercise his judgment in reference to
any manner in which he is required to act
precisely because it in his judgement that is to be
exercised, not that of the court. Kalipunan ng
Damayang Mahihirap, Inc. vs. Robredo, 730
SCRA 322 [2014]
Under Rule 65, Section 3 of the Rules of Civil
filed 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. Buena, Jr. vs. Benito, 738 SCRA 278
[2014]
Mandamus lies to compel the performance,
when refused, of a ministerial duty; Meaning of
a purely ministerial act. Mercado vs. Valley
Mountain Mines Exploration, Inc., 661 SCRA 13
[2011]
Mandamus may not be availed of to direct the
exercise of judgment or discretion in a particular
way, or to retract or reverse an action already
taken in the exercise of either.
6.Essential requisites: To be entitled to the writ
of mandamus, one must show that he has a clear
legal right to the performance of the act to be re-
quired of the respondent and that the latter had
an imperative duty to per form. Morado vs.
Caluag, 5 SCRA 1128 [1962]
Mandant
The bailor in the civil law contract of mandatum.
Mandate
The principal in the relationship of agency.
Rollos vs. Felix Go Chan & Sons Realty
Corporation, 81 SCRA 251 [1978]
Mandatario
An agent who is authorized by the principal to
act for and in his behalf in transaction with third
persons. Ibid.
Mandatary
An agent at civil law, i.e., the person who
receives instructions to act by an other person,
often in regard to some property entrusted to
him. Because of this latter fact, he is often
referred in common law sources as a bailee.
Mandate
A general term for an order of any kind issued
by a court; a direction or precept.
The name for the writ of mandamus in some
jurisdictions.
In appellate procedure: The judgment of the
appellate court directing the lower court to
proceed in accordance therewith.
Mandator
The principal in the civil law con tract of
mandatum.
Mandatory if earned type share
A type of non-cumulative preferred share which
imposes a positive duty on directors to declare
dividends for each fiscal year to the extent
earned in that year.
Mandatory injunction
The mandatory injunction, like a preventive
injunction, is but a provisional remedy to which
parties may resort ''for the preservation or
protection of their rights or interest, and for no
other purpose, during the pendency of the
principal action.'' Commissioner of Customs vs.
Cloribel, 19 SCRA 234 [1967]
An injunctive writ issues only upon a showing
that: (a) the applicant possesses a clear and
unmistakable right; (b) there is a material and
substantial invasion of such right; and (c) there
is urgent and permanent necessity for an
injuctive writ to prevent serious damage. Manila
Electric Company (MERALCO) vs. Chua, 623
SCRA 81 [2010]
A mandatory injunction which commands the
performance of some specific act is regarded as a
more serious nature than a mere prohibitive
injunction, the latter being intended gene rally to
maintain the status quo only. National
Marketing Corporation vs. Cloribel, 22 SCRA
1033 [1968]
Moreover, a mandatory injunction requires the
performance of a particular act. Vinuya vs.
Romulo, 732 SCRA 595 [2014]
Mandatory drug testing
Making the phrase a person apprehended or
arrested in Section 15 applicable to all persons
arrested or apprehended for unlawful acts, not
only under Republic Act No. 9165 but for all
other crimes, is tantamount to a mandatory drug
testing of all persons apprehended or arrested
for any crime. However, the Supreme Court
cannot condone drug testing of all arrested
persons regardless of the crime or offense for
which the arrest is being made. Dela Cruz vs.
People, 730 SCRA 655 [2014]
Mandatory provisions
A class of statutory requirements for
incorporation.
Those that prescribe formalities for
incorporation which are designed to protect the
public.
Mandatory Reproductive Health (RH)
Education Program
A mandatory reproductive health education
program in public schools does not violate
parental privacy if they allow parents to review
and excuse their children from attending the
program, or if the State shows a compelling state
interest to override the parents choice and
compel them to allow their children to attend
the program. Imbong vs. Ochoa, Jr., 721 SCRA
146 [2014]
Mandatum
In Civil law: A contract resembling the common
law contract of agency. It frequently involves the
bailment of property in respect of which the
agent or mandatory is to act.
Mandavi Ballivo
Lat. I have instructed the bailiff. The return of a
sheriff in those cases in which the writ could be
executed only within a privileged place or
liberty over which a bailiff was in charge.
Mangkukulam
Tg. Witchcraft or sorcery. It is an offensive and
malicious language. People vs. Sario, L-20755-58
[1966] and L- 20756-57 [1966]
A witch or one who practices witch craft. Ibid.
The practice or art of witches; the practice of
black magic; sorcery; enchantments, intercourse
with evil spirits; also instance of such practice.
Ibid.
An epithet of approbrium. Ibid.
Man glares
When a piece of land is covered by ''manglares''
and partly by salt water during high tide and
afterwards be comes dry, it partakes of the
character of "manglares" under the Act of U.S.
Congress of July 1, 1902 and Act No. 926 of the
Philippine Commission. Esliza vs. Director of
Lands, 48 O.G. 4850
Manglares" are subject of private ownership.
Montano vs. Insular Government, 12 Phil. 572
[1909]
Mania
A form of mental disease characterized by
exaltation and excitement which manifests itself
in delusions about the A list of the ship S cargo,
specifying numbers and marks of each article,
the shipper, the consignee and any other matter
necessary to identify the package. This manifest
must be exhibited by the master of the ship at
the customs-house.
In tariff and customs code: A declaration of the
entire cargo, the object is to furnish the customs
officers with a list to check against, to inform our
revenue officers what goods are being brought
into the country, and to pro vide a safeguard
against goods being brought into this country on
a vessel and then smuggled ashore. Macon dray
and Company, Inc. vs. Acting Commissioner of
Customs, 62 SCRA 427 [1975]
A manifest of the cargo is absolutely essential to
the exportation or importation of property in all
vessel, the evident intent and object of which is
to impose upon the owners and officers of such
vessel an imperative obligation to submit lists of
the entire loading of the ship in the prescribed
form, to facilitate the labors of the customs and
immigration officers and to defeat any attempt
to make use of such vessels to secure the
unlawful entry of persons or things into the
country. Ibid.

Manifesto
A public declaration of a sovereign or state or a
political party announcing a program of conduct
or principles of action under specified
circumstances.
Manila Economic and Cultural Office (MECO)
The Manila Economic and Cultural Office is not
a Government-Owned and Controlled
Corporation (GOCC) or government
instrumentality. Funa vs. Manila Economic and
Cultural Office, 715 SCRA 247 [2014]
The MECO, as a corporation organized under
the Corporation Code, is governed by the
appropriate provisions of the said code, its
articles of incorporation and its by-laws. Id.
Despite its private origins, and perhaps
deliberately so, the MECO was entrusted by
the government with the delicate and
precarious responsibility of pursuing
unofficial relations with the people of a
foreign land whose government the Philippines
is bound to recognize; from its over-reaching
corporate objectives, its special duty and
authority to exercise certain consular functions,
up to the oversight by the executive department
over its operations all the while maintaining its
legal status as a non-government entity the
MECO is, for all intents and purposes, sui
generis. Id.
Man of straw
A fictitious personage used in a number of
transactions.
In bail: A non-existing person or an obviously
irresponsible one may be offered, sometimes as
an indirect way of releasing a person without
bail, i.e., on his own recognizance.
In breaking an entail: A non-existing person or
''man of straw'' is vouched to warranty and, on
suit for breach, is found to default.
Manor
In feudal law: The unit for purposes of taxation
and local jurisdiction; agricultural and landed
property. The feudal Lord, whatever his relation
to his overlord and his own feudal vassals, had
an estate called the manor on which he
depended for his own subsistence. It consisted
of a demesne which was cultivated by his own
serfs or villains, who had smaller estates held by
villeinage tenure of their own; the waste or
common, on which the lord and tenants could
gather turf and wood, and such franchises and
liberties as were appendant to the manor. In
addition, a number of freetenants of the lord
held land within the manor with rights in the
waste. These free tenants met periodically in a
court baron presided over by the lord or his
bailiff, and deter mined disputes in relation to
the manor.
Manpower
That portion of the nation's population which
has actual or potential capability to contribute
directly to the production of goods and services.
Article 44[a], Labor Code
Manual of regulations for private schools
The probationary employment of teachers in
private schools is not governed purely by the
Labor Code. It is the Manual of Regulations for
Private Schools, and not the Labor Code, that
determines whether or not a faculty member in
an educational institution has attained regular or
permanent status. Universidad de Sta. Isabel vs.
Sambajon, Jr., 720 SCRA 486 [2014]
Manslaughter
The crime committed by the unlawful or
negligent killing of a human being.
The unlawful killing of another with out malice,
either express or implied. Though the act
occasioning it is un lawful or likely to be
attended with bodily mischief, yet it differs from
murder, malice is lacking. It differs from murder
also in fact that there can be no accessories
before the fact, there having been no time for
premeditation.
Manslaughter is involuntary where effected
without an intention to inflict the injury and
voluntary where such intention does exist.
Manslaughter may occur as a con sequence of
provocation, or in mutual combat, or in the
prosecution of an un lawful or wanton act, or of
a lawful act improperly performed or performed
without lawful authority. Provocation, in order
to reduce murder to man slaughter, must have
been reasonable and recent, for no words or
slight provocation will be sufficient, and if the
party has had time to cool, malice will be
inferred.
4.In case of mutual combat where one party is
killed, it is usually manslaughter only, but not
necessarily so, for the killing may have been
premeditated and the combat brought on for the
purpose of killing. Death from dwelling is
murder. Killing an officer by resisting him,
while acting under lawful authority, is murder,
but if the officer is acting under a void or illegal
authority or out of his jurisdiction, the killing is
manslaughter or excusable homicide according
to the circumstances of the case. If one, while
doing an act of mere wantonness, kills another,
this is man slaughter, so also is the performance
of an act done negligently even though it is
otherwise lawful. Death ensuing from gross
negligence of a medical or surgical practitioner
is manslaughter. So is carelessness in
administering medicine producing death.
Manslaughter is in some places raised to murder
where the killing though unintentional, is done
in the course of committing another offense of a
heinous character such as bur glary, arson, etc.
Mansum
Manse: The house occupied by the parish priest
or minister. It is now used almost exclusively of
the residence of Presbyterian ministers in
Scotland.
Mansum capital
Lat. The chief dwelling, i.e., the mansion-house.
Mainswear
Mainswear: Archaic term for swear, i.e., commit
perjury.
Man-trap
A concealed device placed on the grounds of an
estate or private dwelling which would kill or
seriously injure a person, whether trespasser or
invitee, who inadvertently came upon it.
Manucaption
Manucaption; Manucaptor: Terms used as the
equivalent of mainprise and mainpernor.
Manufacturer
Includes every person who, for the purpose of
sale or distribution to others and not for his own
use or consumption, by physical or chemical
process: (a) alters the exterior texture or form, or
inner substance of any raw material, or
manufactured or partially manufactured
product in such manner as to prepare it for a
special use or uses to which it could not have
been put in its original condition; (b) alters the
quality of any such raw material, or
manufactured or partially manufactured
products so as to reduce it to marketable shape
or prepare it for any use or industry; or (c)
combines any raw material, or manufactured or
partially manufactured product with other
materials or products of the same or of a
different kind in such manner that the finished
product of such process or manufacture can be
put to a special use or uses to which such
material, or manufactured or partially manufac-
tured product in its original condition could not
have been put. Section 3[a], Local Tax Code
In law of Taxation: 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 manufac-
tured product in such manner as to pre pare it
for a special use or uses to which it could not
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
manufactured product so as to reduce it to
marketable shape or prepare it for any of the
uses 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 product 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 materials 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.
Anyone 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 prepare it for a special use or uses.
It includes one who makes nipa shingles or
charcoal. Bermejo vs. Collector of Internal
Revenue, 87 Phil. 96 [1950]
In plain and ordinary meaning: The process of
assembling articles which, while complete and
finished, have no independent utility, but are
designed to be used in combination as parts of
some other article, such as type writer, an
automobile, or the like, but when so used the
process of assembling usually, if not always,
involves the exercise of manual or mechanical
skill and labor and more or less extensive use of
auxiliary machinery. Manila Trading & Supply
Company vs. City of Manila, 56 O.G. 3629
Manufacturer of cigars and cigarettes
Those whose business it is to make or
manufacture cigars or cigarettes or both for sale
or who employ others to make or manufacture
cigars and cigarettes for sale; but the term does
not include artisans or apprentices employed to
make cigars or cigarettes from materials
supplied by the employer, the latter being
lawfully engaged in the manufacture of cigars
and cigarettes. Section 3 [b-2], Local Tax Code
Manufacturer of tobacco
Any person whose business is to manufacture
tobacco or snuff, or who employs others to
manufacture tobacco or snuff, whether such
manufacture be by cutting, pressing, grinding,
or rubbing any raw or leaf tobacco, or otherwise
preparing raw or leaf tobacco manufactured or
partially manufactured tobacco and snuff, or
putting up for consumption scraps, refure, or
stems of tobacco resulting from any waste by
sifting, twisting, screening or by any other
process. Section 3 [c-2], Local Tax Code
Manufacturer or importer of playing cards
In law of taxation: Those whose business is to
make, manufacture, or import playing cards for
sale.
Manufacturer, producer, or importer of soft
drinks or mineral waters
In law of taxation: All persons who
manufacture, produce, or import for sale: (1)
Beverages derived wholly or in part from cereals
or substitutes therefor, containing less than one-
half of one per centum of alcohol by volume; (2)
Unfermented grape juice, in natural or
concentrated form (whether or not sugar has
been added), containing thirty-five per centum
or less of sugar by weight; (3) Unfermented fruit
juices (except grape juice), in natural or slightly
concentrated form, or such fruit juices to which
sugar has been added (as distinguished from
finished or fountain syrups), intended for
consumption as beverages with the addition of
water or water and sugar, and upon all imi-
tations of any such fruit juices, and upon all
carbonated, compounded, or mixed by the use
of concentrated, essence, or extract, instead
of a finished or fountain syrup; (4) still drinks
(except grape juice), containing less than one-
half of one per centum of alcohol by volume,
intended for consumption as beverages in the
form in which sold (except natural or artificial
mineral and table waters and imitations
thereof, and pure apple cider; and (5)
Natural or artificial mineral waters or table
waters, whether carbonated or not, and an
imitations thereof.
Manumission
At Roman law: The act of freeing a slave.
In Common law: The freeing of a serf or villein.
Manus
The Latin for ' 'hand. '' It was used as the
equivalent of a compurgator.
March
A territorial border.
In plural: Marches, it refers particularly to the
borderland between England and Scotland, and
England and Wales.
Marchet
Merchet: In Feudal.l.aw: A fine paid by a tenant,
not holding by military tenure or chivalry, to his
lord upon the marriage of the tenant's daughter
to anyone outside the manor. It was the
existence of this fine that was in later times
perverted into wholly imaginary jus primae
noctis.
Maretum
Lat. Marsh land, inundated by rivers or seas.
Margin
Money paid to a stock broker which is a fraction
of the purchase price of stocks bought for the
principal at a certain quotation with the
understanding that if the stock threatens to fall
to an extent as greet as the target it will be sold
by the broker for his own. account. If the stock
rises above the quotation, and is ordered sold,
the rise is the principal's profit.
Transactions based on agreements which are
later settled in accordance with the rise or fall of
stocks. Such transactions are frequently
controlled by legislation.
In Securities law: The amount by which the
market value of the securities collateralizing the
transaction exceeds the amount lent out.
Margin law
The Margin law subjects all sales of foreign
exchange by the Central Bank and its authorized
agent banks to a uniform margin of not more
than forty percent (40%) over the banks' selling
rates. Philippine American Life Insurance Co.
vs. Auditor General, 22 SCRA 135 [1968]
The Margin law is an additional arm given the
Central Bank to attain its objectives, that is, to
maintain monetary stability in the Philippines,
and to preserve the inter nation value of the
peso and the convertibility of the peso into other
freely convertible currencies. Ibid.
Limitation: The margin fix by the Monetary
Board shall not be changed oftener than once a
year except upon the recommendation of the
National Economic Council and the approval of
the President. Ibid.
Collateral security deposited with a broker to
secure him against loss on contracts entered into
on behalf of the principal.
Margin of solvency
All "insurance companies, doing business in the
Philippines must maintain, aside from the paid-
up capital requirement, a margin of solvency.
For a life insurance company, this means main-
taining a vatio of P2 for every P1,000 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 non-life
insurance company, a ratio of P10 for every P100
of the total amount of its net premium written
during the preceding calendar year must be
maintained. In both cases, however, the margin
should never be less than P500,000 as provided
in Section 194 of Presidential Decree No. 612
otherwise known as the Philippine Insurance
Code.
Margin Trading
In Securities law: To buy stock partly with
money one does not own by borrowing the
difference from the broker with the expectation
that the price of the stock will rise. In margin
trading, the broker holds the stock as collateral
to be sold by him upon orders of the buyer if the
prices rise, or to be sold by him even without
order, if the price falls.
Margin requirements: An amount not greater
than whichever is the higher of the following: (1)
sixty-five (65%) per centum of the current mar-
ket price of the security; or (2) One hundred
(100%) per centum of the lowest market price of
the security during the preceding thirty-six (36)
calendar months, but not more than seventy five
(75%) per centum of the current market price.
Marine
Belonging to or pertaining to the sea.
Marine contract
contract for chartering a vessel, or for shipping
goods for transportation over the sea.
Marine insurance
A contract of insurance for any losses occasional
in marine transactions.
A contract to indemnify the insured for damage
to or loss of vessel. Sec. 99, P.D. 612, as amended
The marine insurance policy needs to be
presented in evidence before the insurer may
recover the insured value of the lost/damaged
cargo in the exercise of its subrogatory right. The
payment by the insurer to the insured operates
as an equitable assignment to the insurer of all
the remedies which the insured may have
against the third party whose negligence or
wrongful act caused the loss. Asian Terminals,
Inc. vs. First Lepanto-Taisho Insurance
Corporation, 726 SCRA 415 [2014]
Section 99 of the Insurance Code has expanded
the coverage of marine insurance so as to
include risks that would have otherwise been
classified as some other form of insurance, such
as on vehicles and jewelry.
Marine protest
A statement by the master of a vessel to the
effect that damage sustained by the vessel was
not due to his misconduct or negligence.
Marital
Applied to the status of marriage; relating to the
reciprocal rights and duties of husband and
wife.
Marital obligations
The duty of husband and wife to live together,
observe mutual respect and fidelity and render
mutual help and support. Art. 109, New Civil
Code
Marital rape
The definition of rape in Section 1 of R.A. No.
8353 pertains to: (a) rape, as traditionally
known; (b) sexual assault; and (c) marital rape or
that where the victim is the perpetrators own
spouse.
A man who penetrates her wife without her
consent or against her will commit sexual
violence upon her, and the Philippines, as a
State Party to the Convention on the Elimination
of all Forms of Discrimination Against Women
(CEDAW) and its accompanying Declaration,
defines and penalizes the act as rape under R.A.
No. 8353. People vs. Jumawan, 722 SCRA 108
[2014]
A marriage license should not be viewed as a
license for a husband to forcibly rape his wife
with impunity. Moreover, the human rights of
women include their right to have control over
and decide freely and responsibly on matters
related to their sexuality, including sexual and
reproductive health, free of coercion,
discrimination and violence. Id.
Marital rights
Entitlement of husband and wife to each other's
society, including cohabitation, mutual support,
fidelity and respect, the use of name and
property arising out of the marriage status. In
this regard, while courts may enforce action on
property rights, it may be helpless to compel
restitution of the purely personal right of cohabi-
tation. Arroyo vs. Vasquez, 42 Phil. 54
Maritime
Pertaining to the sea.
Maritime causes
All causes arising in connection with the acts
done or to be done at sea or on navigable waters.
Maritime jurisdiction
Courts of First Instance now Regional Trial
Courts have exclusive jurisdiction over cases of
admiralty.
Maritime law
The law dealing with commerce by sea,
involving regulation of ships and harbors and
the status of seamen.
Codes of maritime law are very ancient as in the
case of the Rhodian law.
Medieval codes of such law developed in the
Mediterranean (the Corisulat del mar), the
Atlantic (the laws of Oleron), and the Baltic (the
laws of Wisby). These are the sources of modern
maritime law, which has in com mon law
countries become part either of admiralty law or
of the law merchant.
That system of law which particularly relates to
affairs and business of the sea, to ships; their
crews and navigation, and to maritime
conveyance of persons and property, and is
synonymous with admiralty in the broadest
sense of the latter term. The maritime law is not
of a particular country, but the general law of
nations.
However, the maritime law is only so far
operative as law in any country as it is adopted
by the laws and usages of that country. In this
respect it is like international law or the laws of
war, which have the effect of law in no country
any further than they are accepted and received
as such; or, like the case of civil law, which
forms the basis of most European laws, but
which has the force of law in each state only so
far as it is adopted therein, and with such
modifications as are deemed expedient. Each
state adopts the maritime law, not as a code
having any independent or inherent force,
proprio vigore, but as its own law, with such
modifications and qualifications as it sees fit.
While seaworthiness is commonly equated with
the physical aspect and condition of the vessel
for voyage as its ability to withstand the rigors
of the sea, it must not be forgotten that a vessel
should be armed with the necessary documents
required by the maritime rules and regulations,
both local and international. APQ
Shipmanagement Co., Ltd. vs. Caseas, 725
SCRA 108 [2014]
Maritime lien
A lien on ships for work done in relation to
maritime employment; or on goods shipped for
freight due.
Maritime lien for necessities
Any person furnishing repairs, supplies, to
wage, use of dry dock or marine railway, or
other necessities to any vessel, whether foreign
or domes tic, upon the order of the owner of
such vessel, or of a person authorized by the
owner, shall have a maritime lien on the vessel
which may be enforced by a suit in rem and it
shall be necessary to allege or prove that credit
was given to the vessel.
Maritime mobile service
A mobile service between coast stations and ship
stations, or between ship stations, in which
survival craft stations may also, participate.
Article 1, Section 2, Radio Regulations
Maritime protest
A written statement by the master ot' vessel,
attested by a proper judicial officer or a notary,
to the effect that damage suffered. by the ship on
her voyage was caused by storms or other perils
of the sea without any negligence or misconduct
on his part.
Maritime radio navigation service
A radio navigation service intended for the
benefit of ships. Article 1, Section 29 Radio
Regulations
Marked money
Lack of marked money is not an element to the
crime of illegal sale of Shabu. People vs. Sarip,
731 SCRA 314 [2014]
Jurisprudence is clear that failure to mark the
boodle money is not fatal to the cause of the
prosecution neither law nor jurisprudence
requires the presentation of any of the money
used in a buy-bust operation much less is it
required that the boodle money be marked.
People vs. Unisa, 658 SCRA 305 [2011]
Marker
In Building law: A cross, stake, tablet, made of
wood, stone or concrete to mark a grave.
Market
A place of meeting, or the meeting itself, of
people for the purpose of the public buying and
selling of goods.
A collective name for the group, organized or
unorganized, of the buyers and sellers of any
commodity or type of commodity; such as the
stock-market, the grain market, the market for
real property, etc.
Market has been defined as a place designated
by the municipal authorities of a city or of an
incorporated town for the sale of articles
necessary or convenient for the subsistence of
men and domestic animals.
The term private market and public market are
often employed, but all markets within the
meaning of the above definition are public in
character, and neither a private market nor an
exchange is a market in the strict legal sense of
the word.
Public markets are those dedicated to the service
of the general public and are operated under
government control and supervision as a public
utility, whether they are owned by the govern-
ment or any instrumentality thereof or by any
private individual.
A public market may be the object of individual
ownership or lease, subject to municipal
supervision and control as a public utility.
Salgado vs. De la Fuente, 87 Phil. 343 [1950]
Markets for Filipino citizens: Public markets are
public services or utilities. Under the
Constitution, the operation of all public services
is reserved to Filipino citizens and to
corporations or associations sixty per centum of
the capital of which belongs to Filipino citizens.
The establishment, maintenance, and operation
of public markets, are part of the functions of
government. The exercise and enjoyment of
public functions are served to a class of per sons
possessing the specific qualifications required by
law. They are reserved exclusively to citizens.
Co Chiong vs. Cuaderno, 83 Phil. 242
Marketable
In the law of real property, title is marketable if
it is free from defects or flaws which would
justify a purchaser in refusing to accept title to
the property. Easements, encumbrances,
encroachment, etc., may render title
unmarketable unless the contract of purchase
provides otherwise.
Market overt
Open market. A term used to de scribe sales
made in a market on market days, of goods open
displayed for such sales. A sale in market overt
was without warranty even of title, since the
buyers were assumed to be as competent as the
sellers.
Market premises
Any open space in the market com pound; part
of the market lot consisting of bare ground not
covered by market buildings, usually occupied
by transient vendors specially during market
days. Section 3[v], Local Tax Code
Market price
The price which any commodity or specific
goods would obtain if sold at a given time
without restriction, at public sale.
Market value
The term ''market value'' is not an absolute term;
it involves equation. Valuation is an inexact
science and the value reached by whatever
method must remain an approximation. A
valuation of absolute accuracy is impossible. The
impossibility of precise valuation is generally
recognized; the law is not so exact as to require
mathematical certainty. Generally, however, the
market value of property is the price which it
will bring when it is offered for sale by one who
desires, but is not obliged to sell it, and is
brought by one who is under no necessity of
having it. City of Manila vs. Estrada, 25 Phil. 208
[1913]
In the law of sales: A reasonable sum which the
property would bring on fair sale by a man
willing but not obliged to sell to a man willing
but not obliged to buy. Perez vs. Araneta, 6
SCRA 457 [1962]
The highest price estimated in terms of money
which the 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 adopted and for which
it is capable of being used. It is also referred to
as the price at which a willing seller would sell
and a willing buyer would buy, neither being
under abnormal pressure. Section 3, Presidential
Decree No. 464
Marking
Marking means the placing by the
apprehending officer or the poseur-buyer of
his/her initials and signature on the items seized.
People vs. Sabdula, 722 SCRA 90 [2014]
The chain of custody rule requires that the
marking of the seized items to truly ensure marriage.'' In most countries there are certain
that they are the same items that enter the chain
and are eventually the ones offered in evidence
should be done (1) in the presence of the
apprehended violator (2) immediately upon
confiscation. People vs. Caranto, 718 SCRA 335
[2014]
Jurisprudence states that the phrase marking
upon immediate confiscation contemplates
even marking at the nearest police station or
office of the apprehending team. People vs.
Endaya, 731 SCRA 1 [2014]
Mark-up
In law of Taxation: Refers to the 100%, 50%, or
25% of the said total value or landed cost in the
case of articles enumerated in Sections 184,
185 and 186 of the Tax Code, respectively "mark-
up" is added to such landed cost. Mayon Motors
Inc. vs. Acting Commissioner of Internal
Revenue, 1SCRA 918 [1961]
Marriage
Marriage is an inviolable social institution
protected by the state. Any doubt should be
resolved in favour of its existence and
continuation and against its dissolution and
nullity. Republic vs. Encelan, 688 SCRA 215 [2013]
A marriage is a sham if the bride and
groom did not intend to establish a life together
at the time they were married. Republic vs. Albios,
707 SCRA 584 [2013]
As a general rule, any modification in the
marriage settlements must be made before the
celebration of marriage. Noveras vs. Noveras, 733
SCRA 528 [2014]
A contract between a man and woman,
competent under the law, to assume reciprocally
the status of husband and wife. In some
countries the contract itself creates the status,
and the marriage is then called a ''common law
further requirements among which a ceremony
before wit nesses is usually included and which
are essential to the validity of the marriage.
The term has two distinct meaning. In one sense,
it is limited to the procedure by which a man
and a woman become husband and wife. In this
sense, it relates to the inauguration of the
relation of husband and wife, whether it be by
religious ceremony, civil ceremony, or without
ceremony. In this concept, it is defined as ''that
act by which a man and a woman unite for life,
with the intent to discharge towards society and
one another those duties which result from the
relation of husband and wife." Schouler, Law of
Domestic Relations, par. 11, cited in Tolentino,
Civil Code of the Philippines, Vol. I, p. 203
The act produces a change of status; and the
new status or relation is also called marriage. In
this second sense, marriage is a status involving
duties and responsibilities which are no longer
matter for private regulations, but the concern of
the State. In this respect, it is a civil or social
institution, being the foundation of the family
and the origin of domestic relations of the
utmost importance to the civilization and social
progress. As such, it is de fined as "the civil
status of one man and one woman, legally
united for life, with rights and duties which, for
the establishment of families and the
multiplication of the species, are, or from time to
time may thereafter be, as signed by law to
matrimony. Bishop, Marriage, Divorce and
Separation, Sec. 11; Tolentino, Civil Code of the
Philippines, Vol. I, pp. 203-204
Article 15 of the Constitution recognizes
marriage as an inviolable social institution and
that our family law is based on the policy that
marriage is not a mere contract, but a social
institution in which the State is vitally
interested. Ronulo vs. People, 728 SCRA 675
[2014]
In the Philippines, marriages that are bigamous,
polygamous, or incestuous are void. Lavadia vs.
Heirs of Juan Lucas Luna, 730 SCRA 376 [2014]
Purposes of marriage: In general, the purpose of
marriage are said to be (1) reproduction, (2)
education of the offspring, and (3) mutual help.
The immediate purpose is the constitution of a
complete and perfect community between two
individuals of different sexes; the remote
purpose is the preservation of the human race. 3
Castan 450; Tolentino, Civil Code of the Philip
pines, Vol. I, p. 204
Essential Requisites: (1) Legal capacity of the
contracting parties who must be a male and
female; and (2) Consent freely given in the
presence of the solemnizing officer. Article 2,
The Family Code of the Philippines
Formal Requisites: (1) Authority of the
solemnizing officer; (2) A valid marriage license
except in the cases provided for in Chapter 2 of
this Title; and (3) A marriage ceremony which
takes place with the appearance before the
solemnizing officer and their personal
declaration that they take each other as husband
and wife in the presence of not less than two
witnesses of legal age. Article 3, The Family
Code of the Philippines
Article 3(2) of the Code of Muslim Personal
Laws states that [i]n case of a marriage between
a Muslim and a non-Muslim, solemnized not in
accordance with Muslim law or this Code, the
[Family Code of the Philippines, or Executive
Order No. 209, in lieu of the Civil Code of the
Philippines] shall apply. Nollora, Jr. vs. People,
657 SCRA 330 [2011]
Marriage articles
A written agreement between per sons
contemplating marriage for the purpose of
arrangement about proper ty. A trust or
settlement is often involved for the purpose of
carrying out the arrangement.
Marriage broker
A person who contracts to arrange a marriage
between two persons for a consideration,
generally paid by the groom or his family, vice
versa. Such contracts are generally void as
against public policy.
Marriage contract
A mere declaration by the contracting parties, in
the presence of the person solemnizing the
marriage and of two witnesses of legal age, that
they take each other as husband and wife signed
by signature or mark by the said contracting
parties and the said witnesses, and attested by
the person solemnizing the marriage. The
marriage contract does not possess the requisites
of a public document of recognition. Lim vs.
Court of Appeals, 65 SCRA 161 [1975]
It is a contract only in form, but in essence it is
an institution of public order, founded on
custom and morality. It is a contract. sui generis
which cannot be compared to any other contract.
It is a convention of a social character, based on
consent of the parties, which unites a man and a
woman in a juridical act for the purposes of
procreation and the other material and moral
ends necessary for the development of
personality. It is the foundation of the family
and the origin of domestic relations of the
utmost importance to civilization and social
progress; hence, the State is deeply concerned
in its maintenance in purity and integrity.
Characteristics: As an institution, marriage has
the following characteristics: (1) It is civil in
character, because it is established by the State
independently of its religious aspect, (2) It is an
institution of public order or policy, governed
by rules established by law which cannot be
made inoperative by the stipulation of the
parties, (3) It is an institution of natural
character, because one of its objects is the satis-
faction of the intimate sentiments and needs of
human beings for the organic perpetuation of
man.
As differentiated from contracts: Marriage and
ordinary contracts, al though similar in that both
are based on consent of the parties, have the
following distinctions: (1) ordinary contracts
may be entered in by any number of persons,
whether of the same or different sex, while
marriage can be entered into only by one man
and one woman; (2) in ordinary contracts, the
agreement of the parties have the force of
law between them while in marriage the law
fixes the duties and rights of the parties; (3)
ordinary contracts can be terminated by mutual
agreement of the parties, while marriage
cannot be so terminated; neither can it be
terminated even though one of the parties
becomes in capable of performing his part; and
(4) breach of ordinary contracts gives rise to an
action for damages, while breach of the
obligations of a husband or a wife does not
give rise to such an action; the law provides
penal and civil sanctions, such as prosecution
for adultery or concubinage, and proceedings
for legal separation.
In view of these differences, it has been held that
once a marriage has been properly solemnized
and the obligations of married life undertaken,
its validity cannot be affected by an ante nuptial
agreement not to live together, nor by an
agreement previously entered into that the
marriage should not be valid and binding, nor
because one or both parties did not intend it to
be a permanent relation.
Marriage license
Before performing the marriage ceremony, the
judge must personally examine the marriage
license. Tupal vs. Rojo, 717 SCRA 236 [2014]
Marriage settlement
The. creation of a trust of property in
consideration of marriage for the purpose of
securing the wife or her children upon the death
of the husband. If the property is that of the wife
or her family, there is as a rule a limitation over
the case there are no children and the wife
predeceases her husband. These settlements are
either ante-nuptial, in which case marriage is a
sufficient consideration, or post-nuptial, in
which case the agreement to make a settlement
is voluntary, and if not carried out, cannot be
enforced, unless new consideration is offered.
As a general rule, any modification in the
marriage settlements must be made before the
celebration of marriage. Noveras vs. Noveras,
733 SCRA 528 [2014]
Marshal
A high official of a feudal king, in general charge
of all military preparations. He was the head of
a court dealing with military affairs, in which
the law administered was based upon the civil
rather than the common law. The term "marshal
law" and "martial law" were treated as identical.
Marshaling of Assets
A procedure in equity to distribute funds which
several creditors have conflicting claims. If there
are two funds and one creditor has a claim
against either and another only against one of
the two, the former will be compelled to resort
to the fund against which he has an exclusive
claim, and to compete with the second creditor
in the second fund only for the balance.
In the case of an insolvent partner ship,
marshaling consists in dividing the property of
the partners and the firm, and giving priority in
individual funds to the individual creditors and
the partnership fund to the partnership
creditors.
Martial law
Another name for the law dealing with military
affairs, applied in the marshal's court. Often
written "martial law.
Temporary administration or rule by the
military in place of, or in aid to, civil
government.
Martial law must be distinguished from military
law which is the body of laws or regulations
relating to the internal administration or
discipline of the armed forces, or the rule
administered by the occupier over the occupied
territory in time of war, although the two terms
are sometimes used inter changeably.
Martial law is oftentimes resorted to as an
e1nergency measure where the civil law and
order are considered no longer adequate.
The term "martial law" is, in the legal sense,
ambiguous. Not infrequently has it been
referred to or de scribed as any form of control
by the military not only over its own citizens but
also over its enemies. Understand ably it has
become generally acceptable in usage, although
Colonel Winthrop believes that "while
colloquially admissible, it is unsatisfactory and
con fusing as a legal designation. ' '
In practice, the term ''martial law'' seems to
indicate a status of ''martial rule." As the term
"martial" pertains to or is connected with the
army and navy ''military'', martial law is in
effect "martial rule." Thus, as defined by
Winthrop, martia1 law is ''military rule
exercised by a (State) over its own citizens (not
being enemies), in an emergency justify it.''
It is of human experience since the two words
were coined and thereafter practiced, there is
greater tendency for the military to abuse its
power.
It is not law, in any proper sense but merely the
will of the military commander to be exercised
by him only on his responsibility to his
government (or superior officer). It is on and
reality no law but something indulged rather
than allowed as Jaw.
Under the military law of the Philip pines,
martial law is described as the exercise of
military jurisdiction by a government
temporarily governing the civil population of a
locality through its military forces, without
authority of written law, as necessity may
require.
The exercise of the power which re sides in the
executive branch of the government to preserve
order and in sure the public safety in times of
emergency, when other branches of the gov-
ernment are unable to function, or their
functioning would itself threaten the public
safety. Javellana vs. Executive Secretary, 50
SCRA 30 [1973]
How martial law is legally exercised: The
exercise of martial law is founded upon the
principle of necessity. That necessity is not
formal, artificial, or legalistic concept but an
actual and factual one: it is the necessity of
taking action to safeguard the state against
insurrection, riot, disorder, or public calamity.
Power of the executive to declare martial law: By
virtue of his duty to ''cause the laws to be
faithfully executed,'' the Executive is
appropriately vested with the discretion to
determine whether an exigency requiring
military aid for that purpose has arisen. His
decision to that effect is conclusive.
The power is to be exercised upon sudden
emergencies, upon great occasions of state? and
under circumstances which may be vital to the
existence of the State.
The nature of the power also necessarily implies
that there is a permitted range of honest
judgment as to the measures to be taken in
meeting force with force, in suppressing
violence and restoring order, for without such
liber ty to make immediate decisions, the power
itself would be useless. Such measures,
conceived in good faith, in the face of the
emergency and directly related to the quelling of
the disorder or the prevention of its continuance,
fall within the discretion of the Executive in the
exercise of his authority to maintain peace.
Power to institute martial law in the Philippines:
The doctrine of necessity in the exercise of
martial law is recognized in the Philippines
through its Constitution, Article IX, Section 12
which provides: ''The President shall be
commander-in-chief of all armed forces of the
Philippines and whenever it becomes necessary,
he may call out such armed forces to prevent or
sup press lawless violence, invasion, insur-
rection, or rebellion. In case of invasion,
insurrection, or rebellion, or imminent danger
thereof, when the public safety requires it, he
may suspend the privileges of the writ of habeas
corpus, or place the Philippines or any part
thereof under martial law.''
Not subject to judicial review: The
determination of the President of the Philippines
of the existence of the conditions warranting the
declaration of martial law in any part of the
country is not subject to judicial review.
Martial rule
An emergency device designed for use in the
crisis of invasion or rebellion. IT may be most
precisely defined as an extension of military
government to the civilian population, the
substitution of the will of a military comn1ander
for the will of the people's elected government.
In the event of an actual or imminent invasion
by a hostile power, a constitutional government
may declare martial rule in the menaced area.
The result is the transfer of all powers of
government from the civil authorities to the
military, or often merely the assumption of such
powers by the latter when the regular
government has ceased to function. In the event
of a rebellion its initiation amounts to a
government declaration of war on those citizens
in insurrection against the state. In either case it
means military dictatorship- government by the
army, courts martial, suspension of civil liber
ties, and the whole range of dictatorial action of
an executive nature. In the modern democracies
the military exercises such dictatorship while
remaining subordinate and responsible to the
executive head of the Civil government. Martial
rule has a variety of fonns and pseudonyms, the
most important of which are martial law, as it is
known in the civil law countries of the British
Empire and the United States, and the state of
siege, as it is known in the civil law countries of
the continental Europe and Latin America. The
state of siege and martial law are two edges to
the same sword, and in action they can hardly
be distinguished. The institution of martial rule
is a recognition that there are times in the lives
of all com munities when crisis has so
completely disrupted the normal workings of
government that the military is the only power
remaining that can restore public order and
secure the execution of the laws. Aquino, Jr. vs.
Enrile, 59 SCRA 183 [1974]
Masiador and sentenciador
The rule of the posting of an appeal bond cannot
defeat the substantive rights of respondents to
be free from an unwarranted burden of
answering for an illegal dismissal for which they
were never responsible; Since the complainants
performed their functions as masiador and
sentenciador free from the direction and control
of respondents, and that in the conduct of their
work, they relied mainly on their expertise that
is characteristic of the cockfight gambling, and
were never given by respondents any tool
needed for the performance of their work, they
are not considered as employees of the cockpit
operator. Sembalnte vs. Court of Appeals, 19th
Division, 655 SCRA 444 [2011]

Masonry
In building law: A form of construction
composed of stone, brick, concrete, gypsum,
hollow clay tile, concrete block or tile, or other
similar building units or material or
combination of these materials laid up unit and
set in mortar.
Masonry solid
In building law: Masonry solid units built
without hollow spaces.
Masonry unit
In building law: Brick, block, tile, stone, or other
similar building unit or combination thereof,
made to be bounded together by a cementation
agent.
Master
The employer of an indentured apprentice.
The employer in relation of master and servant.
The controlling officer of a merchant ship now
generally called ''captain.''
Master and servant
A relation of employer and employee in which
the employee performs work for the master and
the employer pays a consideration called wages.
The distinction between his relation and that of
principal and agent, is generally taken to be that
the master determines not only what work is to
be done but how it is to be done, while in the
case of an agency, the principal merely directs
what work is to be done. The distinction is not
consistently maintained in the decided cases,
especially in the Philippines for many purposes
is irrelevant.
In law, the term, master and servant indicates
the relationship which exists when one person
who employs another to do certain work
exercises the right of control over the
performance of the work to the extent of
prescribing the manner in which it is to be
executed. The employer is the master, and the
person employed is the servant.
The term "servants" seems originally to have
been applied to menials or domestics- persons
employed to assist in the economy of the family.
In maritime law: Masters are those who
command smaller ships engaged exclusively in
the coastwise trade. For the purpose of maritime
commerce, the words "captain" and master"
have the same meaning, both being the chiefs or
commanders of ships. Yu Con vs. Ipil, 41 Phil.
781
The term "Master" shall refer to a duly licensed
and registered Master Mariner. Section 2,
Presidential Decree No. 97
Matched sale
In securities law: To place an order, knowing
that an order of substantially the same size, at
the same price and at the same time, will be
entered.
Material
Term applied to representations or concealments
when the facts represented or concealed are of
such importance that we may assume the belief
in their truth or falsehood might have deter
mined whether or not the transaction would be
entered into.
As applied to evidence: The term de notes such
evidence that might deter mine a decision on the
facts of a case by judge.
Material alterations
Section 124 of the Negotiable Instruments Law
states that a material alteration avoids an
instrument except as against an assenting party
and subsequent endorsers, but a holder in due
course may enforce payment according to its
original tenor. Areza vs. Express Savings Bank,
Inc., 734 SCRA 588 [2014]
Material data rule
The full names of all the parties to the
proceedings must be stated in the caption of the
record on appeal and it must include the order
or judgment from which the appeal is taken,
and, in chronological order, copies of only such
pleadings, petitions, motions and all in-
terlocutory orders as are related to the appealed
order or judgment and necessary for the proper
understanding of the issue involved, together
with such data as will show that the appeal was
perfected on time. x x x. Section 6, Rule 41, Rules
of Court
Materiality
In the law of evidence: The bearing which facts
may have on a disputed is sue. Importance;
essence.
In pleading: The bearing of allegations on the
issues in the case.
Mater familias
Lat. Mother of family.
Material injury
As used in Article 116, Civil Code, does not refer
to patrimonial (economic) injury or damage but
to personal (that is physical or moral) injury to
one of the spouses since Article 116 lies in the
chapter concerning relations between husband
and wife.
Materialman
One who furnishes materials for construction is
entitled for a mechanics lien
Materials
Supplies: Refer to something going into or
consumed in the performance of the work such
as mortar, cement, sand, bricks, lumber or nails,
glass, hard ware, and a thousand other things
that might be meant, which are necessary to the
completed erection of a building or structure.
Commissioner of Internal Revenue vs. P.J.
Kiener Co., Ltd., 65 SCRA 142
Maternity leave
Refers to leave of absence granted to married
women employees in case of pregnancy or by
reason of confinement, abortion or miscarriage,
in addition to the vacation sick leave to which
they may be entitled. CSR, Rule XVI, Section 12
Matricide
The killing of one's mother.
Matrimonial causes
Cases involving actions for divorce, legal
separation, annulment of husband and wife, and
for deliberate judgments in respect of a
marriage.
Matrimonio
In the English version of Article 1407 of the Civil
Code, the word "matrimonio'' is sometimes
translated as ''spouse'' and sometimes as ''mar-
riage''. Indeed, ''matrimonio'' may be used as
meaning either "marriage" or "spouse." As the
sacrament or act by which a man and a woman
becomes husband and wife, "matrimonio" is
''marriage. '' But ''matrimonio'' may, also, mean,
"marido y mujer," or "husband and wife," and it
is in this sense in which it is used in Article 1407
of the Civil Code. Santos vs. Aglarian, CA-G.R.
No. 3984-R [1951]
Matron
In older English Law: A married woman,
selected as one of a jury to determine whether a
woman was pregnant or was a virgin, where
these facts had legal relevance.
The female head of a woman 's prison, or of a
hospital or nursing home; or the head of a body
of nurses in a hospital.
Matter of fact
Issues of fact to be determined by the judge.
Matter of law
Issues of law to be determined by the court.
Matter of record
Facts of the truth of which can be established by
reference to a record.
Maturity
In the law of commercial paper: The time of
which payment of a note or bill is due.
Ripeness of development.
Mausoleum
In building law: A large stately tomb to
accommodate one or more interments, usually
with provisions for an ossuary or a cinerarium.
Maxim
A principle of law, succinctly expressed and
traditionally accepted. Maxims are sometimes
used by courts as equivalent to established law,
and sometimes merely as justifying conclusions
other wise reached. In some instances, maxims
have been statutory enacted. They are
commonly in Latin, but many are in French and
English. Some are derived from a title of the
Digest of Justinian called "De Diversis Regulis
Juris Antiqui'' ''On various Rules of old law,
containing 211 sections." A great Inany are
derived from the Jus Canonicum or canon law.
Maxims of equity
Certain well-known maxims, especially used in
equity, partly for the purpose of characterizing
equity and partly to delimit equitable remedies
from legal ones.
May
As used in Section 10, Rule 35, Rules of Court: It
is not mandatory but discretionary on the part
of the judge to render judgment on the
pleadings. Sison vs. Barrios, 45 O.G. 3437
May is usually permissive, not mandatory.
Luna vs. Abaya, 86 Phil. 472 [1950]
In criminal law: Civil actions for damages in
cases of written defamation ''shall' ' be filed with
the Court of First Instance of the province or city
in which "any of the accused or any of the of
fended parties resides.'' In other words, the
plaintiff is limited in his choice of venue to the
Court of First In stance of his residence or to that
of any of the accused. Plaintiff may not file the
action elsewhere, unless the libel is published,
circulated, displayed or exhibited in a province
or city wherein neither the offender nor the
offended party resides, in which case "the civil
and criminal actions may be brought in the
Court of First Instance thereof.'' The verb "may''
is permissive. Hence, it does not necessarily
imply a complete abrogation of the general rule
laid down in the preceding sentence, except in
so far as it broadens the two (2) alter natives
therein set forth, by giving the plaintiff a third
choice or venue.
As a general rule, the word "may" when used in
a statute is permissive only and operates to
confer discretion; while the word "shall" is
imperative, operating to impose a duty which
may be enforced. Bersabal vs. Salvador, 84
SCRA 176 [1978]

Maybe found
As used in Section 1, Rule 5, Rules of Court: The
phrase has a limited application. It applies only
to cases where defendant has no residence in the
Philippines. Where he is a resident of the
Philippines the word found has no application
and the venue must be laid in the province
where he resides. Evangelista vs. Santos, 86 Phil.
387 [1950]
May be promulgated
Phrase "may be promulgated" should not be
interpreted to mean "shall" or "must."
Presidential Decree No. 217 does not command
the Ministry of Transportation and Communi-
cations to promulgate rules. It can function
under existing rules. Philippine Consumers
Foundations, Inc. vs. National
Telecommunications Commission, 131 SCRA
200 [1984]
May be sued upon from time to time
In insolvency law: The words do not necessarily
mean that claimants against sureties of an
assignee are, in all cases, required to file an
independent action against the sureties before
they could enforce their claims against the bond.
The law not having expressly pre scribed a
definite procedure by which claims against the
sureties in an in solvency case may be enforced,
any of the forms allowed by our procedural law
in securing incidental relief within an ordinary
or special proceeding, may be availed of. De
Veyra vs. Avila, 1 O.G. 690
Mayhem
The criminal offense of unlawfully and violently
depriving another of the use of such of his
members as may render him less able in fighting
to defend himself. The cutting or disabling or
weakening a man's hand or finger or striking
out his eye or foretooth or de p6ving him of
those parts, the loss of which reduce his courage,
are held to be mayhems. Cutting off an ear or
nose or the life are not mayhems.
A wrongful act which results in the loss of some
part of the body of the per son attacked. The loss
need not be serious, if it is disfiguring, but a
slight in consequential loss as of a few hairs or a
single tooth, would not be mayhem which is
always a severely punishable felony.
At the older common law: The injury must be
one that reduced the capacity of the victim to
fight or defend himself.
Any person who intentionally mutilates another
by depriving him, either totally or partially, of
some essential organ for reproduction. Article
262, Revised Penal Code
Viada says that mutilation is the lop ping or
clipping off of some part of the body. The
putting out of an eye does not fall under this
definition. The gravest injury is castration or the
amputation of the organ necessary for re
production. The essential element is that the
castration be perpetrated purposely. The law
does not look to the result but to the intent of the
act. If by reason of an assault or injury, a person
is deprived of the organ of generation, the act
although voluntary, not being intentional to that
end, would not come under Article 262. U.S. vs.
Esparcia, 36 Phil. 840 [1917]
Article 262 defines two kinds of mutilation: The
more serious forn1 is castration or the
elimination of the male or female reproductive
organs. Mere sterilization or prevention of the
pro creative power is not castration. The less
grave kind of mutilation is the destruction of
any other human organ. It is essential that the
accused be impelled by the deliberate purpose
to commit mayhem or to maim the victim. If the
mutilation was the accidental result of the
infliction of a wound, without any special
animus to commit mayhem, the crime is merely
lesiones. The amputation of a gangrenous leg
made by the surgeon is not intentional
mutilation. A woman who cut the penis of the
man wanting to rape her is not guilty of in-
tentional mutilation. She acted in self defense.
The wife who with scissors wounded the genital
organs of her sleeping husband, causing his
testicles to come out and resulting in the loss of
one of them, was held not to be guilty of
intentional mutilation. Cuello Colon disagrees
and opines that the crime is castration.
Mayor
The executive head of a city or town. The
position and functions of the mayor are
determined by statute or by charter issued to the
Municipal Corporation of which the mayor is
the head. He is in formally addressed as ''Your
Honor'' but has no judicial functions.
Meander line
A line used in surveying to indicate the end of a
plot of ground that has un surveyable real
boundaries, like the bank of a stream. To
indicate that fact, the line is generally made
irregular or zig-zag.
Means of egress
A continuous and unobstructed route of exit
from any point in a building, structure or facility
to a public way. Rules and Regulations
Implementing the Fire Code of the Philippines
Measured capacity
In omnibus investment law: The estimated
additional volume of production or service
which the Board determines to be desirable in
each preferred area of investment in order to
supply the needs of the economy at reasonable
prices, including the economics of scale which
would render such product competitive in the
world market. Measured capacity shall not be
less than the amount by which the measurable
market demand exceeds the existing productive
capacity in said preferred areas nor shall
measured capacity to be so much in excess of
measurable market demand as to foster or
encourage over crowding in any such area. For
export market industries, the Board shall base
measured capacity on the availability of
domestic raw materials after de ducting the
needs of the domestic market therefor. In no
case, however, shall measured capacity be
construed so as to result in a monopoly in any
preferred area of investment which would
unduly restrict trade and fair competition.
Measure of damages
Some means or test for determining just what
loss in money have been sustained by a breach
of contract or a tort. It varies in different
jurisdictions but certain rules are found almost
every where. The measure of damages for a
breach in sales is the difference be tween the
contract price and the market price of the same
commodity at the time of delivery. In the case of
services, the employer may claim on breach, the
difference between the contract price and the
price has to pay for similar services.
In the case of conversion, the mea sure varies a
great deal. In some juris dictions the measure is
the value of the article at the time of conversion.
In others, it is the highest value between the
conversion and the time of the suit. The measure
of damages is a matter of procedure and is
determined by the "lex fori" (law of the forum).
Measure of insurable interest
In insurance law: The measure of an insurable
interest in property is the extent to which the
insured might be damnified by loss or injury
thereof. Section 17, P.D. 612, as amended.
Mechanical equipment, machinery or process
In mechanical regulations: Includes steam
engines, internal combustion engines, boilers,
turbines, crushers, mills, mixers, pumps,
compressors, cranes, conveyors, hoists,
elevators, escalators, dumb waiters, pipe lines,
line-shaftings, air conditioning, refrige ration,
ventilation, pressure vessels, and the like.
Mechanical works, plant
In mechanical regulations: Includes steam
plants, internal combustion engine plants,
hydraulic power plants, pumping plants,
refrigerating plants, air conditioning plants, mill
shops, factories, foundries, shipyards, etc.
containing any mechanical equipment,
machinery or process, driven by steam, internal
or external combustion fuel, electricity, gas, air,
water, heat, chemicals or other prime movers.
Mechanic's lien
A means whereby mechanics and others may
obtain payment for labor and materials in
constructing any building. In general, it may be
said, that mechanic's liens give preference to per
sons supplying materials or labor or both in the
construction of buildings, and, in some places in
creating bridges, fences, wharves, etc. All
mechanic's liens against the same building share
pro rata in the proceeds of the property in case
for an amount insufficient to pay the entire
claims. The lien usually attaches to the building
and to adjoining land necessary to its use. To
retain the lien in most places a statement of the
claim must be filed in a prescribed public office
within a given time.
Mediate
Intervening or indirect.
To attempt to reach a compromise in a dispute
between two nations, or be tween employers
and employees in a labor dispute.
Mediately
What is derived by inference from facts known
or proved, or powers granted.
Mediate testimony
Indirect testimony, or testimony at second hand.
It is generally excluded in the common law
system.
Mediation
The act of mediating.
"Mediation" is the intervention of a third party
in a dispute for the purpose of conciliating the
contending parties.
Mediation is part of pre-trial and failure of the
plaintiff to appear thereat merits sanction on the
part of the absent party. Real Bank, Inc. vs.
Samsung Mabuhay Corporation, 633 SCRA 124
[2010]
A.M. No. 01-10-5-SC-PHILJA regards mediation
as part of pre-trial where parties are encouraged
to personally attend the proceedings. Chan Kent
vs. Micarez, 645 SCRA 176 [2011]
Mediator
One who is selected to conduct mediation.
In the case of labor dispute, it is often the title of
a definite official of the Ministry of Labor and
Employment.
Medical attendance
An assistance provided by the employer to his
household or house helper in addition to his
lodging and food. Article 1690, Civil Code
Medical benefit
In workmen's compensation: In the form of
medical services, hospitalization, medicine, and
other matters related to the treatment of the
compensable injury or disease. Biscarra vs.
Republic, 9 SCRA 248
Medical certificates
The Supreme Court (SC) has already concluded
that a material report is not even material for
purposes of proving rape as it is merely
corroborative in character and thus, can be
dispensed with accordingly. People vs.
Prodenciado, 744 SCRA 429 [2014]
It is not the presence or absence of blood on the
victims underwear that determines the fact that
rape inasmuch as a medical certificate is
dispensable evidence that is not necessary to
prove rape. People vs. Jumawan, 722 SCRA 108
[2014]
Medical examinations
The rationale for the rule [on mandatory post-
employment medical examination within three
(3) days from repatriation by a company-
designated physician] is that reporting the
illness or injury within three days from
repatriation fairly makes it easier for a physician
to determine the cause of the illness or injury.
InterOrient Maritime Enterprises, Inc. vs. Creer
III, 735 SCRA 267 [2014]
Medical expert
Testimony given by physician and surgeons as
experts within the scope of their professional
study and experience.
In obtaining the evidence or opinions of
physicians or any other class of wit nesses as
experts, care must be taken not to put them in
the position of usurping the functions of the
court. They must be required to give an opinion
in favor of the plaintiff or defendants based
upon the evidence adduced in the case. It is not
for them to determine which witnesses testify
truthfully and which are credible and which are
not, or what part of the testimony applies to the
particular case under consideration, or what
weight should be given to the testimony of the
several witnesses. For this reason, medical
witness s who do not have personal knowledge
of the facts of the case are asked to give their
opinions as to causes and results which would
accompany facts and conditions enumerated to
them, assuming them to be true, leaving it to the
judge whether or not the enumerated conditions
have been proven. The facts detailed to the
expert witness should correspond with the
testimony or evidence adduced in the case, and
the witness should be asked what his opinion
would be as to the particular subject matter
inquired about-whether the treatment was such
as the case demanded, proper or improper,
skillful or unskillful- if the facts so detailed in
the hypothetical question are true. It is then for
the court to determine how far the facts in the
case accord with the hypothetical question, and
how far the opinion of the wit ness applies to the
case under investigation. It is proper to obtain
from expert witnesses their reasons for their
opinions.
Physicians and surgeons are permitted as
witnesses to give opinions as to the nature,
cause and effect of disease and injuries and
wounds and of their consequences. In case of
whether they are fatal or lasting wounds, by
what instruments they are caused. They may
also testify as to the effect of a given treatment,
or whether it was proper under given
circumstances or in accordance with ordinary
care, skill and diligence, and to mental
soundness or un soundness and the like, as well
as to the nature and effect of different poisons,
etc. It seems too that they may testify relating to
diseases among animals as well as people. The
know ledge from which they testify may be
derived from either study or experience.
4.Before being allowed to testify before the court
as an expert it must be shown that the physician
or surgeon is qualified to testify as such; that in
fact he is an expert. This may be shown either by
the testimony of the court as to the extent of his
study and experience, and graduation in a
regular medical school, or it may be shown by
the testimony of others. Whether or not he is
shown to be sufficiently qualified is a matter for
the court alone to determine. Graduation in a
reputable medical institution granting the
degree of doctor of medicine and a legal license
to practice medicine and surgery are in general
prima facie sufficient to enable one to testify as a
medical expert. Yet it seems he should have the
ordinary ability of members of his profession,
also that a specialist only should testify
regarding matters concerning which the
knowledge of the ordinary practitioner. is
necessarily limited. Medical books may not be
offered as evidence to prove what is 'thereon'
stated. The persons who wrote them were not
under oath when they wrote and they cannot be
cross-examined. In some places, however,
counsel may read from medical books by way of
argument.
Confidential communications to physicians or
surgeons are not at common law privileged, that
is, a medical man who is a witness may not
refuse to testify regarding such communications
be cause communicated in secret or because he
would prove detrimental to his patient. In many
countries, however, information committed in
confidence to a physician necessary to enable
him to prescribe for his patient, or by a surgeon
in order to do an act for a patient, may not, if
detrimental to the patient, be disclosed on the
witness stand.
Medical jurisprudence
The law dealing with the status of the medical
profession, the practice of medicine, and all
matters on which physicians may be called to
give evidence in their professional capacity, like
the determination of the cause of death. The
action of drugs or poisons is an important part
of medical jurisprudence. Another term used is
forensic medicine.
Medical malpractice
Medical malpractice or, more appropriately,
medical negligence, is 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. Dela Torre vs.
Imbuido, 736 SCRA 655 [2014]
Court has recognized that medical negligence
cases are best proved by opinions of expert
witnesses belonging in the same general
neighborhood and in the same general line of
practice as defendant physician or surgeon. Li
vs. Soliman, 651 SCRA 31 [2011]
Medical negligence
In the medical profession, specific norms or
standards to protect the patient against
unreasonable risk, commonly referred to as
standards of care, set the duty of the physician
to act in respect of the patient. Solidum vs.
People, 718 SCRA 263 [2014]
In attempting to fix a standard by which a court
may determine whether the physician has
properly performed the requisite duty toward
the patient, expert medical testimony from both
plaintiff and defense experts is required. Id.
Medicinal preparation
"Medical preparations" consist of two words,
"medicinal" and "preparation.''
Medicinal: Curable or alleviative, used for the
cure or alleviation of body disorders.
Preparations: Those which are prepared or
something equipped descriptive of and refer to
substances used in medicine and prepared for
the use of the apothecary or the physician to be
ad ministered as a remedy for diseases.
As used in the Tariff Act: These medicinal
preparations mean such articles as are of use or
relieved by the prescriber or user fairly and
honestly to be of use, in curing or alleviating or
palliating or preventing some disease or
affection of the human body.
Medical treatment
As a matter of law, the benefit of medical
treatment at the employers expense is separate
and distinct from the disability benefits and
sickness allowance to which the seafarer is
additionally entitled. Javier vs. Philippine
Transmarine Carriers, Inc., 729 SCRA 157 [2014]
Medico-legal certificates
A medico-legal certificate is merely
corroborative in character, which could be
dispensed with accordingly. People vs. Dion,
653 SCRA 117 [2011]
Meliorations
Improvements made with respect to land;
betterments.
Members of the same family
In civil law: Civil relationship and relations by
consanguinity in the collateral line to the fifth
civil degree.
The phrase as used in Article 222, Civil Code,
should be construed in the light of Article 217 of
the same code, refers to family relations
between (1) husband and wife; (2) parent and
child; (3) among other ascendants and their
descendants; and (4) among brothers and sisters.
Gayon vs. Gayon, 36 SCRA 104
Memorandum
A note or record of a fact or an agreement. It
must be sufficient to enable the fact and the
terms of the agreement to be discovered, but
need use no set terms nor follow any established
form. By the Statute of Frauds a contract within
the statute cannot be proved except by a signed
memorandum of the party to be charged.
In marine insurance policies: A clause limiting
the liability of the in surer is generally made by
a memorandum.
Being summations of the parties previous
pleadings, the Court may consider memoranda
alone in deciding or resolving the petition.
Aliviado vs. Procter & Gamble Phils., Inc., 650
SCRA 400 [2011]
Memorandum check
Like an ordinary check except that the word
''memorandum'', ''memo'' is written upon the
face of the check. It is a contract by which the
drawer engages to pay bona fide holder
absolutely, and not upon a condition to pay
upon presentment at maturity and if due notice
of the presentment and non-payment should be
given.
Memorial
A memorandum or note.
In building law: A monument, marker, tablet,
headstone, tombstone, private mausoleum or
tomb for family or individual use.
Memorial park
In building law: A privately-owned cemetery
with well-kept landscaped lawns and wide
roadways and foot paths separating the area
assigned for ground interments, tombs, mauso-
leums and columbariums, with or with out a
mortuary chapel; and provided with systematic
supervision and maintenance.
Menaces
Threats of bodily violence. If these effectually
frighten or inconvenience a person, they are
actionable without an actual assault.
At common law: The action of tres pass vi et
armis lay for menaces.
Menial servants
Equivalent to domestic servants, whether living
in the house or not.
Mensa
Lat. A table. Used to symbolize the family joint
meal. Cf. "board" in the phrase, "bed and board."
Mens rea
Lat. Criminal intent; guilty mind.
A technical word used for criminal intent. Its
literal meaning in Latin, un der the influence of
theological consideration, has induced some
writers to take it in the sense of a mental state,
whether it is or is not expressed in action. But in
law, a mens rea is present whenever a person is
sufficiently in possession of his faculties to know
what is ordinarily regarded as right and wrong
conduct, whether he accepts this general
judgment or not. Intoxication and some forms
of mental derangement do not exclude the
presence of a mens rea. It is distinguished from
motive.
Mental reservation
A qualification of an oath or promise that is
entertained in the mind of the promisor or
affiant, but is not expressed. Mental reservations
have been used as an excuse for refusing to per
form promises but are wholly inadmissible in
law.
Mental retardates
The Supreme Court has repeatedly held that
mental retardation can be proven by evidence
other than medical/clinical evidence, such as the
testimony of witnesses and even the observation
by the trial court. People vs. Ventura, Sr., 719
SCRA 223 [2014]
Carnal knowledge of a mental retardate is rape
under paragraph 1 of Article 266-A of the
Revised Penal Code, as amended by Republic
Act No. 8353 because a mental retardate is not
capable of giving her consent to a sexual act.
People vs. Butiong, 659 SCRA 557 [2011]
Mercantile agency
Any person engaged in the business of
gathering information as to the financial
standing ability, or credit of person engaged in
business, and reporting the same to subscribers
or to customers applying and paying therefor.
Section 3 (v-1), Local Tax Code
Mercantile law
The law of commercial transactions derived
from the law merchant. It includes among other
things, commercial paper, insurance and certain
types of agency.
An intra-corporate controversy, which falls
within the jurisdiction of regular courts, has
been regarded in its broad sense to pertain to
disputes that involve any of the following
relationships: (1) between the corporation,
partnership or association and the public; (2)
between the corporation, partnership or
association and the state in so far as its franchise,
permit or license to operate is concerned; (3)
between the corporation, partnership or
association and its stockholders, partners,
members or officers; and (4) among the
stockholders, partners or associates, themselves.
Cosare vs. Broadcom Asia, Inc. 715 SCRA 534
[2014]
Merchandise
Means objects of commerce, what ever is usually
bought and sold, commodities of trade, etc., and
includes liquified flammable gas sold in con-
tainer. City of Manila vs. Interisland Gas Service,
Inc., 99 SCRA 847
In administrative law: Includes checks, money
orders and dollar bills. Bastida vs. Acting
Commissioner of Customs, 35 SCRA 448 [1970]
In reference to importations and exportations:
Includes goods, wares, and in general anything
that may be made the subject of importation or
exportation. Ibid.
Merchants
Those who, having legal capacity to engage in
commerce, habitually devote themselves to it.
Commercial and industrial associations which
have been created in accordance with law.
In law of taxation: A person engaged in the sale,
barter, or exchange of personal property of
whatever character. Except as specifically
provided, the term includes manufacturers who
sells articles of their own production.
In immigration law: 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 con duct of his business as
such merchant. Singh vs. Board of
Commissioners of Bureau of Immigration, L-
11015 [1961]
Merchantable
In the law of sales: Of such quality as to be
salable at the average market price.
Merge
To effect a merger.
Merger
Merger is a reorganization of two or more
corporations that results in their consolidating
into a single corporation, which is one of the
constituent corporations, one disappearing or
dissolving and the other surviving. Bank of
Commerce vs. Radio Philippines Network, Inc.,
722 SCRA 520 [2014]
A merger does not become effective upon the
mere agreement of the constituent corporations;
Section 79 of the Corporation Code further
provides that the merger shall be effective only
upon the issuance by the Securities and
Exchange Commission (SEC) of a certificate of
merger. Id.
It is more in keeping with the dictates of social
justice and the State policy of according full
protection to labor to deem employment
contracts as automatically assumed by the
surviving corporation in a merger, even in the
absence of an express stipulation in the articles
of merger or the merger plan. Bank of the
Philippine Islands vs. BPI Employees Union-
Davao Chapter-Federation of Unions in BPI
Unibank, 658 SCRA 828 [2011]
Merger of rights
In civil law: Merger or confusion is the meeting
in one person of the qualities of creditor and
debtor with respect to the same obligation. It
erases the plurality of subjects of the obligation,
and extinguishes the obligation because it is
absurd that a person should enforce an
obligation against himself. Furthermore, the
purposes for which the obligation may have
been created are considered as fully realized by
the merger of the qualities of debtor and creditor
in the same person.
Requisites: (1) It must take place be tween the
creditor and the principal debtor; (2) the very
same obligation must be involved, for if the
debtor ac quires rights from the creditor, but not
the particular obligation in question there will
be no merger; and (3) the confusion must be
total or as regards the entire obligation.
Causes of merger: Merger or confusion arises
from any act which brings about a succession to
the credit, whether it be universal or particular,
inter vivos or mortis causa. The most frequent,
however, is by way of testate or intestate
succession in which the debtor inherits the credit
from the creditor. But where the creditor inherits
from the debtor, there can be no confusion if the
debt is for a sum of money, because the debt is
not transmitted to the heir under the present
law.
Merit increase
A merit increase is a raise in the salary or wage
of an employee on the basis of performance or
service. It is made after a review of his
performance and service in accordance with
company policy or the firm's performance
review program.
Meritorious consideration
Consideration consisting in moral obligations,
such as love and affection or patriotism; as
distinguished from valuable consideration, in
the sense of economic value.
Meritorious or "good" consideration will not
support another wise voluntary promise, but its
presence will sometime bar an action for
restitution.
Merits, Judgment on the
A judgment rendered after due hearing of
evidence on the justice of the claim, and not on a
technicality such as a demurrer, or a motion to
dismiss for irregularity of form, or absence of
juris diction.
Mesne
Fr. Intermediate. Any conveyance or transfer of
property which was executed previously to the
last one.
Mesne profits
Intermediate profits or profits accruing between
the two points of time.
Profits derived from the land by a person who
improperly detains it from its legal owner.
Messuage
A dwelling house with the yards and courts
(curtilage), and the adjacent buildings and lands
appropriated to the use of the household.
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, lead, zinc, cinnabar,
tungsten and the like. Section 18, Presidential
Decree No. 464
Metes and bounds
Boundary lines of land with their terminal
points and angles.
The boundaries of an estate measured in lines
and with the determination of distances, angles,
and terminal points.
Metes are measures of length, while bounds
refer to boundaries.
Metropolitan
A bishop who presides over other bishops.
Pertaining to a metropolis, i.e. a thief city or
capital.
Metropolitan Manila
Also known as Metro Manila or simply Manila
Covers the cities of Manila, Caloocan, Las Pias,
Makati, Malabon, Mandaluyong, Marikina,
Muntinlupa, Navotas, Paraaque, Pasay, Pasig,
San Juan, Taguig, and Valenzuela, including the
only remaining municipality of Pateros.
Meumettuum
Lat. Mine and thine.
Mezzanine or mezzanine floor
In building law: A partial intermediate floor in
any storey or room of a building having an area
not more than one-half of the area of the room or
space in which it is constructed.
Microblogging
Microblogging is the practice of posting small
pieces of digital content which could be in the
form of text, pictures, links, short videos, or
other media on the internet. Disini, Jr. vs.
Secretary of Justice, 716 SCRA 237 [2014]
Middleman
A person whose function is to bring together
persons, such as seller and purchaser, and who
may be entitled to compensation therefor.
Migrant Workers and Overseas Filipinos Act of
1995 (R.A. 8042)
The crime of illegal recruitment is defined and
penalized under Sections 6 and 7 of RA No.
8042, or the Migrant Workers and Overseas
Filipinos Act of 1995. People vs. Salvatierra, 725
SCRA 200 [2014]
Section 10 of Republic Act (R.A.) No, 8042,
otherwise known as the Migrant Workers and
Overseas Filipinos Act of 1995, states that
overseas workers who were terminated without
just, valid, or authorized cause shall be entitled
to the full reimbursement of his placement fee
with interest of twelve (12%) per annum, plus
his salaries for the unexpired portion of his
employment contract or for three (3) months for
every year of the unexpired term, whichever is
less. Sameer Overseas Placement Agency, Inc.
vs. Cabiles, 732 SCRA 22 [2014]
3.Section 15 of Republic Act (R.A.) No. 8042
states that repatriation of the worker and the
transport of his [or her] personal belongings
shall be the primary responsibility of the agency
which recruited or deployed the worker
overseas. Id.
We have already declared in Serrano that the
clause or for three months for every year of the
unexpired term, whichever is less provided in
the 5th paragraph of Section 10 of R.A. 8042 is
unconstitutional for being violative of the rights
of Overseas Filipino Workers (OFWs) to equal
protection of the laws. Yap vs. Thenamaris
Ships Management, 649 SCRA 369 [2011]
Migratory Corporation
A corporation organized under the laws of
another state than that of the incorporator's
residence for the purpose of doing all or greater
part of their business in the state of their
residence or in another state than that of the
state of incorporation.
Mileage
Compensation allowed witnesses and public
officials generally, for the cost of transportation
to the place where their duties are to be
performed or their testimony to be given.
Military
Pertaining to the army or any member of the
army, whether officers or soldiers.
Military government
The form of administration by which an
occupying power exercises govern mental
authority over occupied territory.
Military jurisdiction
Military jurisdiction in relation to the term
military law is that exercised by a government in
the execution of that branch of its municipal law
which regulates its military establishment.
Aquino, Jr. vs. Enrile, 59 SCRA 183 [1974]
Military jurisdiction in relation to the term
martial law is that exercised in time of rebellion
and civil war by a government temporarily
governing the civil population of a locality
through its military forces, without the authority
of written law, as necessity may require. Ibid.
Military jurisdiction in relation to the term
military government is that exercised by a
belligerent occupying enemy's territory. Ibid.
Military law
The military code of the United States produced
a salutary effect in the system of military justice
in the Philip pines. In fact, the first military law
enacted by the National Assembly of the
Philippines was Commonwealth Act No. 408,
approved on September 14, 1938, and consisting
of one hundred and twenty articles, is
essentially American. It is a counterpart of the
American Code of 1928. The only difference is
the omission of the American article (A.W. 28j
referring to certain acts constituting desertion, in
the Philippines Articles of War (MCM, USA
(1928), Article 28, p. 209). In implementation of
Commonwealth Act No. 408 and pursuant to the
authority vested in the President of the
Commonwealth of the Philippines by Article 37
thereof, Executive Order No. 178 dated,
December 17, 1938, was promulgated,
prescribing the rules of procedure, including
modes of proof in cases before courts-martial,
courts of inquiry, military commissions, and
other military tribunals in the Army of the
Philippines. These rules are designated as the
Manual for Courts Martial, Philippine Army.
MCM, PA (1938), p.vii.
At present Commonwealth Act No. 408 as
amended by Republic Act No. 242 and further
amended by Republic Act No. 516, is still the
organic law of the armed forces of the
Philippines. The influence of the American code
is still predominant. The armed forces of the
Philippines having been patterned after the
United States Army, it has to be expected that
the Philippine court martial system is identical
to that of the United States. But being in its early
stage, it cannot escape from various defects
which in one way or another seriously impede
the speedy administration of military justice.
Military leave
Refers to additional leave privileges (Furlough
and passes) allowable to officers and men of the
Armed Forces of the Philippines. AFP RG 135-
383
Military necessity
It is a disputed issue whether the laws of war
may be set aside in the case of extreme necessity.
According to one view the laws of war lose their
binding force in case of extreme necessity. This
notion is embodied in the old German proverb
which runs thus: ''Necessity in war overrules the
manner of warfare. '' But the opponents of this
concept-and they constitute the overwhelming
majority-argue that the customary and
conventional laws of war are binding on all
belligerents concerned. These laws cannot be
overruled by necessity; unless they are framed
in such a way as not to apply to a case of
necessity in self-preservation. It is asserted that
un limited necessity would reduce all laws of
war to mere dogmas of military convenience.
Military necessity does not admit of cruelty- that
is, the infliction of suffering merely for spite or
revenge.
Military occupation
Territory is considered occupied when it is
actually placed under the authority of the hostile
army. The occupation applies only to the
territory where such authority is established and
can be exercised.
The authority of the legitimate power having
actually passed into the hands of the occupant,
the latter shall take all steps in his power to
reestablish and in sure, as far as possible public
order and safety while respecting, unless abso-
lutely prevented, the laws in force in the
country.
The authority set up by a belligerent in occupied
territory and the acts done in pursuance of it are
designated as ''military government.''
"Martial law" is the law which the military
government enforces. It consists of the new rules
promulgated by the military government and
such existing law as may be retained.
Martial law should be distinguished from
military law which is the law regulating the
military forces themselves. Furthermore, martial
law as used above in reference to occupied
territory should not be confused with martial
law which the Chief Executive of a country may
declare on occasion in times of peace as a
domestic emergency mea sure.
Military personnel
Bonifacio Naval Station, a military facility or
reservation that is subject to special military
regulations commensurate to the requirements
of safety and protection of military equipment
and personnel, is outside the commerce of man
and the lease of quarters to military personnel in
the service is merely incidental to their military
service. Republic vs. Peralta, 653 SCRA 629
[2011]
Military testament
A verbal or nuncupative will, permitted at the
civil law and in some of the jurisdictions of the
common law, by which a soldier engaged in
actual military operations, may dispose of his
chattels by indicating his desires either by word
of mouth, or by an informal writing.
Mine Excavation in the earth for getting out
ores, coal, etc.; digging deposit of such minerals.
Mineral
Any substance taken from the earth's surface
either by washing sands and clay of river beds,
or open workings (quarries) or digging
underground. It includes substances like gas
and oil, unless they are expressly excepted in
any document referring to materials. Easements
in minerals may be created by express grant or
by reservation.
Mineral lands
Those lands in which minerals exist in sufficient
quantity or grade to justify the necessary
expenditure to be incur red in extracting and
utilizing such minerals. Section 3, Presidential
Decree No. 464.
Mineral agreements
View that a mineral agreement shall grant to the
contractor the exclusive right to conduct mining
operations and to extract all mineral resources
found in the contract area. Narra Nickel Mining
and Development Corp. vs. Redmont
Consolidated Mines Corp., 722 SCRA 382 [2014]
Mines and mining
The Panel of Arbitrators (POA) has jurisdiction
to settle disputes over rights to mining areas.
Narra Nickel Mining and Development Corp.
vs. Redmont Consolidated Mines Corp., 722
SCRA 382 [2014]
It is clear that the Panel of Arbitrators (POA) has
exclusive and original jurisdiction over any and
all disputes involving rights to mining areas. Id.
Mining partnership
A partnership created for the purpose of
operating a mine, and which is governed by
rules of law differing from those controlling the
ordinary business partnership.
Ministerial
Pertaining to activities or functions performed
by a subordinate official who must follow
directions as stated in pre scribed rules, or
instructions given to him by a superior.
Ministerial power
The authority to carry out the mandates of
judicial power or the law. Santiago, Jr. vs.
Bautista, 32 SCRA 188 [1970]
Ministry
Applied to all the officers of government who go
out with each government. This includes some
officers, like the Solicitor General, who are not
members of the cabinet.
Minor
A man or woman less than twenty one years of
age. For many purposes the term minor and
infant are synonymous, but not for all. When the
term "minor" occurs in a criminal statute, the age
limit alone is considered, whether the minor is
married or not. The same is the case in public
law, i.e., voting or holding office.
Under the present Constitution the voting age
lowered to eighteen years of age but not for
holding public office.
Minority
The state of being under age which restricts the
capacity of a person to act. Article 38, New Civil
Code
Contrasted with majority.
Less than half the number of any set or group or
list of things. Contrasted with majority.
The smaller number of two numbers compared.
Contrasted with plurality.
While under Article 68 of the Revised Penal
Code, when the offender is a minor under 18
years, the penalty next lower that that
prescribed by law shall be imposed, but always
in the proper period, for purposes of
determining the proper penalty because of the
privileged mitigating circumstance of minority,
the penalty of death is still the penalty to be
reckoned with. People vs. Jacinto, 645 SCRA 590
[2011]
Guidelines in appreciating age, either as an
element of the crime or as a qualifying
circumstance, as follows: (1) The best evidence
to prove the age of the offended party is an
original or certified true copy of the certificate of
live birth of such party; (2) In the absence of a
certificate of live birth, similar authentic
documents such as baptismal certificate and
school records which show the date of birth of
the victim would suffice to prove age; (3) If the
certificate of live birth or authentic document is
shown to have been lost or destroyed or
otherwise unavailable, the testimony, if clear
and credible, of the victims mother or a member
of the family either by affinity or consanguinity
who is qualified to testify on matters respecting
pedigree such as the exact age or date of birth of
the offended party pursuant to Section 40, Rule
130 of the Rules of Evidence shall be sufficient.
People vs. Arpon, 662 SCRA 506 [2011]
Minutes
Notes or records of a transaction, or of a meeting
of some organization or committee, or of
corporate proceedings kept in a minute book.
The notes of what takes place in a court room, or
in the meeting of some official body. When these
are authenticated by the signature of the judge
or presiding officer, they form the basis of a
record which can be used as evidence
Misadventure
An accident, including the negligent act of the
person injured, which results in injury or death.
Misappropriate
To use funds or property entrusted to an agent
or trustee or person in some fiduciary capacity
for any purpose except that for which the funds
or property were intended.
Misbehavior
Any misconduct, or any conduct which violates
a legal or moral duty.
Misbehavior within and around the courts
vicinity diminishes the courts sanctity and
dignity. Re: Letter-Complaint of Mr. Recarredo
S. Valenzuela, Clerk IV, Personnel Division,
OAS-OCA against Mr. Ricardo R. Giganto,
Utility Worker II, Personnel Division, OAS-
OCA, 656 SCRA 1 [2011]
Miscarriage
The expulsion of the ovum or embryo from the
uterus within the first six weeks after
conception. Between that time, and before the
expiration of the sixth month when the child
may possibly live, it is termed abortion. When
the delivery takes place soon after the sixth
month it is called premature labor. But the
criminal act of destroying the fetus at any time
before birth is termed in law, procuring
miscarriage.
The premature expulsion of a human fetus. It
differs from abortion in that it may be accidental
instead of deliberately caused.
In court proceedings: The failure of a judicial
proceeding to serve the ends of justice, while
observing legal forms. The word is commonly
used in the phrase ''miscarriage of justice.''
Misconduct
The Supreme Court defined misconduct as a
some established and definite rule of action,
more particularly, unlawful behavior or gross
negligence by a public officer. Sison-Barias vs.
Rubia, 726 SCRA 94 [2014]
To warrant dismissal from the service, the
misconduct must be grave, serious, important,
weighty, momentous, and not trifling. The
misconduct must imply wrongful intention and
not a mere error of judgment and must also have
a direct relation to and be connected with the
performance of the public officers official duties
amounting either to maladministration or
willful, intentional neglect, or failure to
discharge the duties of the office. Lagado vs.
Leonido, 732 SCRA 579 [2014]
Misdemeanor
Any crime punishable by a fine, or by
imprisonment for less than a year in a jail or
other place of detention that is not classed as a
state prison.
A name given to criminal offenses inferior to
felony, such as perjury, as sault and battery,
libel, conspiracies and numerous others.
Misdemeanor are punishable by indictment or
by particular prescribed proceedings and in-
clude a great variety of statutory offenses over
which magistrates are given summary
jurisdiction.
Misfeasance
The negligent performance of an act in itself
lawful.
The wrongful or injurious doing of an act which
might be done lawfully. The wrongful character
may lie in the manner or in the instruments of
the act. It also denotes wrongful or injurious use
of legal right.
Misjoinder
The joining together of causes of action which
under rules of procedure may not be litigated
together.
The adding of litigants in a case at law or equity,
whether as plaintiff or defendant, who have no
interest in the cause of action or are excluded by
the rules of procedure.
Misleading
An error in pleading; a wrong pleading.
Misnomer
The use of a wrong name to designate a person
in legal documents or judicial proceedings.
Misprision
A crime less than treason or felony but
bordering on it. The punishment was, therefore,
not capital, but imprisonment or banishment.
The word "of" in such phrases as "misprision of
treason or felony,'' really means ''resembling.'' A
negative misprision was a concealment of a
capital crime. Positive misprisions were
maladministration or contempt.
Misprision of felony: The concealment of a
felony that has been commit ted, or aid in such
concealment. The person guilty becomes an
accessory after the fact.
Misprision of treason: Under Article 116 of the
Revised Penal Code, it is a crime to fail to notify
the proper authorities of an act of treason
actually com mitted, or of a conspiracy to
commit treason. No active concealment was ne-
cessary to constitute the crime, and it was
punished as treason.
Every person owing allegiance to (the United
States or) the Government of the Philippine
Islands, 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.
Article 116, Revised Penal Code
Elements: (1) That the offender must be owing
allegiance to the Government, and not a
foreigner; (2) That he has knowledge of any
conspiracy (to commit treason) against the
Government; and (3) That he 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.
Misreading
A false or untrue reading, as where a written
instrument is falsely read to a person who
cannot read.
Misrepresentation
A false statement about material fact in any
contract or other transaction that misleads the
party to whom it is made.
In many jurisdictions at the present time, certain
contracts can be rescinded because of innocent
misrepresentation.
To represent incorrectly any material part of the
consideration of an executory contract, that is,
one in which some act remains to be done. The
misrepresentation will void or cancel the con
tract, and if the misrepresentation is both false
and fraudulent the party ma king it will be held
responsible to the other for damages. To
constitute fraud a misrepresentation must be
contrary t fact and either the party making it
must know it to be such or he must falsely assert
that he knows when he does not and his
assertion must have given risk to or resulted in
the contracting by the other party. If the
misrepresentation results from mistake only,
this will not amount to fraud.
The false representation under Section 78 of the
Omnibus Election Code must consist of a
deliberate attempt to mislead, misinform, or
hide a fact which would otherwise render a
candidate ineligible. Villafuerte vs. Commission
on Election, 717 SCRA 312 [2014]
Fraud and misrepresentation, as ground for
cancellation of patent and annulment of title,
should never be presumed, but must be proved
by clear and convincing evidence, mere
preponderance of evidence not being adequate.
Sampaco vs. Lantud, 654 SCRA 36 [2011]
In insurance law: A statement as a fact of
something which is untrue, and which the
insured states with the knowledge that 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.
Mistake
An error in action; a blunder. Combs vs. Santos,
4 Phil. 446 [1905]
An incorrect belief held by some concerned
about a fact involved in a trans action or a
proceeding, or an incorrect opinion about the
law which governs the transaction or
proceeding, mistakes of fact in a number of
instances, especially when they are mutual, i.e.,
made by both sides, will make a transaction
voidable if they are mistaken about the
existence, or nature of the subject matter.
Ordinarily, that will not follow if the mistake
was merely about quality. If the mistake is that
of only one of the parties, i.e., unilateral, this will
usually not make the contract voidable, unless
the party mistaken was in an inferior bargaining
position, or unless the other party induced the
mistake, or knew of it and deliberately profited
by it. As a general rule, both at law and equity,
mistakes of law only do not excuse a wrongful
action or afford a ground or relief from the
consequences of acts done because of such
mistakes. But if the act done, or the contract
made, is under mistake or in ignorance of a
material fact it may be either voided or relief
may be obtained in equity. The fact, however,
must be a material one and it must be an
efficient cause of the doing of the act or the
making of the contract.
The rule applies especially where there has been
a studied suppression of facts on one side, and
to cases of mutual ignorance or mistake. An
award of arbitrators made from mistake of law
or fact on their part, if apparent on the face of
the award, may be set aside. In equity, a word
which the parties intended to use in an
instrument may be substituted for one actually
used by clerical error.
A wrong choice in legal strategy or mode of
procedure will not be considered a mistake for
purposes of granting a petition for relief from
judgment. City of Dagupan vs. Maramba, 728
SCRA 520 [2014]
Mistaken identity
The claim that there was a mistake in identity
cannot prevail over the positive identification of
the investigating team. It is standard procedure
in the Office of the Court Administrator (OCA)
that before it conducts a discreet investigation,
the members of the team familiarize themselves
with the profiles of the persons to be
investigated mainly by examining all available
records, including the physical appearance of
the subject. Office of the Court Administrator vs.
Runes, 720 SCRA 15 [2014]
Mistress
A woman with whom a man habitually
fornicates. Fernandez vs. Lantin, 74 SCRA 338
[1976]
Mistrial
An error made in a trial of sufficient seriousness
to justify the dismissal of the proceedings and
the recommence in character as to justify an
action to enjoin such use, or to secure the
forfeiture of the right itself.
Mitigate
To reduce or lessen punishment or damages.
Mitigating circumstance
Nature and effect: Mitigating circumstances or
causas atenuantes lessen the penalty. Generic or
specific mitigating circumstances may reduce
the penalty to the minimum period or lower it
by one degree, as provided in Articles 62 to 64,
Revised Penal Code, depending on the presence
of generic or specific aggravating circumstances
which offset them. Special or privileged
mitigating circumstances, such as minority and
in complete justification and exemption, cannot
be offset by aggravating circumstances and may
reduce the penalty by one or two degrees, as
indicated in Articles 67 to 69, Revised Penal
Code. Article 333 of the same code considers
abandonment as a special mitigating
circumstance in adultery.
The following are mitigating circumstances:
(1) Those mentioned in the preceding chapter,
when all the requisites necessary to justify the
act or to exempt from criminal liability in the
respective cases are not attendant;
(2) That the offender is under eighteen years of
age or over seventy years. In the case of the
minor, he shall be proceeded against in
accordance with the provisions of Article 80.
(Impliedly repealed by Republic Act No. 9344 or
the Juvenile Justice and Welfare Act of 2006);
(3) That the offender had no intention to
commit so grave as that committed;
(4) That sufficient provocation or threat on the
part of the offended party immediately preceded
the act;
(5) That the act was 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 degrees;
(6) That of having acted upon an impulse so
powerful as naturally to have produced passion
or obfuscation;
(7) That the offender has voluntarily
surrendered himself to a person in authority or
his agents, or that he had voluntarily confessed
his guilt before the court prior to the
presentation of the evidence for the prosecution;
(8) That the offender is deaf and dumb, blind, or
otherwise suffering some physical defect which
thus restricts his means of action, defense, or
communication with his fellow beings;
(9) Such illness of the offender as would
diminish the exercise of the will-power of the
offender without however depriving him of
consciousness of his acts;
(10) And, finally, any other circumstances of a
similar nature and analogous to those
mentioned. Article 13, Revised Penal Code
Misuser
The unlawful use of a right, as in the case of an
easement or profit, so serious in criminal law:
Any circumstance which while not constituting
a defense, may be taken into account in the
imposition of punishment.
In the law of damages: Anything that tends to
reduce the damages caused by the breach of a
contract or by a tort. There is a positive duty on
the part of the person injured to use reasonable
efforts to mitigate damages.
Mitter a large
Fr. To set free; to set at large; to release a person
or thing.
Mitter a large le droit
Fr. To release a right.
Mitter l'estate
Fr. To cause an estate to pass to a person
entitled.
Mittimus
Lat. Warrant of commitment.
A warrant for removing from one place to
another.
Mixed property
Property which has characteristics of realty and
personality. Among such property are fixtures,
emblements, tombstones.
Mixed relations
When the diplomatic agent of the sending State
and the Foreign Office of the receiving State
conduct their negotiations concerning a
particular question by means of oral
conversations as well as diplomatic notes, the
procedure is described as mixed relations.
Mixed succession
That effected partly by will and partly by
operation of the law. Article 780, Civil Code
Mixed action
An action which is both real and personal, as an
action demanding possession of real property
and damages for injury thereto.
Mixed condition
One of the happening of which dep ends upon
the will of a party and partly on chance or the
will of a stranger.
Mixed larceny
Larceny which is complicated by the presence of
aggravating factors, as violence.
Mixed personality
1.Personal property which is associated with
real property, as a lease for years.
Mobile service
A service of radio communication between
mobile and land stations, or between mobile
stations Article 1, Section 2, Radio Regulations
A warrant to the keeper of a prison to receive
and keep safety a prisoner sent into custody.
Moderate damages
Damages which 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 cannot, from
the nature of the case, be proved with certainty.
Article 2224, Civil Code
Concept and reason: There are cases where from
the nature of the case, definite proof of
pecuniary loss cannot be offered, although the
court is convinced that there has been such loss.
For instance, injury to one's commercial credit or
to the goodwill of a business firm is often hard
to show with certainty in terms of money.
Should damages be denied for that reason? The
judge should be empowered to calculate mod-
erate damages in such cases, rather than that
plaintiff should suffer, without redress, from the
defendant's wrongful act. Although no proof of
loss is necessary to recover moderate dam ages,
the same may only be recovered, when the court
finds that some pecuniary loss has been suffered
but its amount cannot be determined with
certainty in terms of money. Hence in a case of
unfair competition, where plaintiff was able to
prove that he suffered pecuniary loss but not the
amount thereof, the Court awarded temperate
or moderate damages; furthermore, the Court
held that the injury to a child is incapable of
accurate pecuniary estimation because the full
effects cannot be ascertained immediately, hence
temperate or moderate damages should be
awarded.
Modes of discovery
View that a party who refuses to comply with
the order to produce and allow the inspection of
documents may then be held in indirect
contempt under Section 3, Rule 71 of the Rules
of Court. Republic vs. Sandiganbayan, 722
SCRA 211 [2014]
The availment of a motion for production, as
one of the modes of discovery, is not limited to
the pretrial stage. Eagleridge Development
Corporation vs. Cameron Granville 3 Asset
Management, Inc., 741 SCRA 557 [2014]
The modes of discovery are accorded a broad
and liberal treatment. Id.
Modification
A variance or change, as in a con tract. Unless a
contract is required to be in writing, even a
written agreement may be modified orally if
there is consideration to support the change.
In common law: A sealed instrument could be
modified only by another instrument under seal.
Modo et forma praedicta
Lat. In the before-mentioned manner and form.
A phrase formerly used in pleading.
Modus
Lat. A special restriction or enlargement of
rights under a document, like a will or deed,
which indicates the manner in which the rights
conveyed shall be exercised. The restrictive
clause is itself called a modus. The commonest
example is the Imposition of an obligation or
charge as a condition of receiving the property.
In the older practice of conveyancing, a clause
qualifying the estate which the terms used
would otherwise have conveyed.
A medieval document giving directions about
managing certain institution, e.g., the 14th
century "Modus tenendi parliamentum," i.e.,
"The manner of holding a parliament.''
Modus decimandi
Lat. A method of levying tithes by custom which
permits them to be paid in money, and not in
kind.
Modus operandi
Lat. The manner or way of operation.
Modus vivendi
Lat. Manner of living.
A temporary arrangement for the mutual
relations of disputants or factions, before some
permanent agreement can be made to settle
differences authoritatively. A mode or method
of living.
In diplomatic parlance: A temporary agreement
between two States pro viding for a workable
compromise on a pending dispute, which is
intended to be replaced later on by one of a
more formal and permanent character.
Moiety
One of two equal shares; a half.
Sometimes used of a fractional part less than
half, i.e., a third or fourth, when there are more
than two joint-tenants or tenants in common.
Molest
To annoy a. person so as to constitute a criminal
offense.
Molliter manus imposuit
Lat. He gently laid hands on him. The formal
words for a defense in an action for battery,
which asserts that the defendant used only such
force as was necessary to prevent the doing of
an injury to him, as to eject a trespasser.
Momentary
Dictionary meaning: Lasting but a moment; of
but a moment's duration; lasting a very short
time; transitory; having a very brief life;
operative or recurring at every moment.
The word "momentary" when applied to
possession or occupancy of (real) property
should be construed to mean "a limited period" -
not in definite or permanent. Republic vs. Vda.
de Castellvi, 58 SCRA 336 [1974]
Monarchy
A form of government wherein the Supreme
power is in a single person, and which is
inherited.
Monetary Board
The Monetary Board of the Central Bank is
empowered, in consultation with the Securities
and Exchange Commission, to prescribe rate or
rates of purchase discounts, fees, service and
other charges of financing companies, and to
change, eliminate or grant ex emptions from or
suspend the effectivity of such rate wherever
warranted by prevailing economic and social
conditions.
Monetary interest
Monetary interest refers to the compensation set
by the parties for the use or forbearance of
money. On the other hand, compensatory
interest refers to the penalty or indemnity for
damages imposed by law or by the courts. Sun
Life of Canada (Philippines), Inc. vs. Tan Kit, 738
SCRA 371 [2014]
Money
The means of exchange authorized by law, and
in many instances the mea sure of value
accepted by law. It consists in coins of gold,
silver, bronze, nickel or other metals; and in
such paper currency as has been issued by the
governmental permission.
The circulating medium or standard by which
the value of other things is measured and which
is commonly given in exchange for such things
is money. It includes coins and circulating notes
is sued by government authority and, by
common consent, even bank notes.
Money bill
A bill for raising money by means of taxation.
Money claims
Under Article 291 of the Labor Code, all money
claims arising from employer-employee
relations shall be filed within three years from
the time the cause of action accrued. Deoferio vs.
Intel Technology Philippines, Inc., 726 SCRA 676
[2014]
Article 290 of the Labor Code provides that
unfair labor practices (ULP) prescribe within one
year from accrual of such ULP; otherwise, they
shall forever be barred. Article 291 of the same
Code provides that money claims arising from
employer-employee relations prescribe within
three (3) years from the time the cause of action
accrued; otherwise they shall be forever barred.
University of Santo Tomas Faculty Union vs.
University of Santo Tomas, 731 SCRA 456 [2014]
Article 491 of the Labor Code does not cover
money claims consequent to an illegal
dismissal such as back wages. It also does not
cover claims for damages due to illegal
dismissal. These claims are governed by Article
1146 of the Civil Code of the Philippines. Arriola
vs. Pilipino Star Ngayon, Inc., 732 SCRA 656
[2014]

As a rule, one who pleads payment has the
burden of proving it even as the employee
must allege non-payment, the general rule is
that the burden rests on the employer to prove
payment, rather than on the employee to prove
non-payment.
Money counts
At old common law: The action of as sumpsit for
a liquidated sum of money; indebitatus
assumpsit, quantum vale bat, or quantum
meruit. Also known as the common counts.
Moneyed capital
1.The capital of a corporation used for investing
and reinvesting in order to earn money; a phrase
chiefly used as a basis of taxation.
Moneyed Corporation
A corporation engaged in investing money for
profit, as a bank, trust company, financing
company or insurance company.
Money Market
In securities law: Wholesale market for low-risk,
highly liquid short term debt instruments.
A market dealing in a standardized short-term
credit instrument (involving large amount)
where lenders and borrowers do not deal
directly with each other but through a middle
man or dealer in open market. Perez vs. Court of
Appeals, 127 SCRA 636 [1984]
Money order
A draft drawn by one post-office upon another
for an amount of money deposited at the first
office by the per son purchasing the order and
payable at the second office to a payee named
therein.
Money shop
An extension service unit of a banking
institution usually operating in public markets
with authority to accept money for deposit and
extend short term loans for specific purposes.
Section 3 (d-2), Local Tax Code
Monish
ln admiralty and ecclesiastical law, to issue a
monition.
Monition
An order in admiralty taking place of a
summons or other citation to appear and
answer, or to do anything else in the course of
admiralty procedure.
An order from an ecclesiastical superior to a
clergyman, commanding or forbidding a
specified act.
3.In ecclesiastical appeals: An order to the court
below to transmit an official copy of the
proceedings to the appeal court. Similar to
certiorari.
Monomania
Insanity or mental derangement with respect to
a single subject, while with respect to other
subjects the victim may be entirely rational. If a
delusion relating to matters of fact leads to a
criminal act, it may be a defense to a pros-
ecution.
Monopoly
The term embraces any combination the
tendency of which is to prevent competition in
the broad and general sense, or to control prices
with the detriment of the public. In short, it is
the concentration of business in the hands of a
few. The material consideration in determining
its existence is not that prices are raised and
competition actually excluded, but that power
exists to raise prices or exclude competition,
when desired. Further, it must be considered
that the idea of monopoly is now understood to
include a condition produced by the mere act of
individuals. Its dominant thought is the notion
of exclusiveness or unity, or the suppression of
competition by the unification of interest or
management, or it may be thru agreement and
concert of action. It is, in brief, unified tactics
with regard to prices. Gokongwei, Jr. vs.
Securities and Exchange Commission, 89 SCRA
336 [1979]
Month
There are several senses in which the term
"month" may be understood. A "lunar month" is
composed of twenty eight days. A ''calendar
month'' is a month as designated in the calendar,
without regard to the number of days it may
contain; in commercial trans actions, it means a
period ending on the day in the succeeding
month corresponding to the day in the
preceding month from which the computation
began, and if the last month has not so many
days, then on the last day of that. Article 13,
Civil Code, however, does not use "month" in
either of these senses but strictly in a legal sense,
as a period composed of thirty days.
In statutes and all contracts: A calendar month
of the ordinary year.
In some connections, as in determination of
pregnancy, the lunar month of 28 1/2 days, i.e.,
from a phase of the moon to the recurrence of
the same phase.
Month to month
Rent payable monthly creates a lease from
month to month. Rivera vs. Trinidad, 48 Phil.
396 [1925]
Where the rent is being paid from month to
month, the lease is also from month to month,
and expires after the end of every month. Co Tia
vs. Muiioz, 43 O.G. 1691
Monument
A stone or other mark set up to indicate a
boundary. Where monuments are mentioned in
a deed as terminal points for measuring they
will control, although the distances or contents
thereby determined do not agree with specific
computations in the deed itself.
In building law: A tombstone, or memorial of
concrete, granite, marble or other durable stone
extending above the surface of the ground,
usually with decoration urns and symbolic
statuary.
Moot
Applied to an issue which during the course of a
trial or pending an appeal has ceased to have
practical importance; as when an injunction is
applied for to prevent a situation that has disap-
peared, or when possession is sought of
property that has been destroyed.
Moot and academic
A case is deemed moot and academic when it
ceases to present a justiciable controversy by
virtue of supervening event, it ceases to present
any justiciable controversy. Funa vs. Manila
Economic and Cultural Office, 715 SCRA 247
[2014]
2.A case becomes moot and academic when
there is no more actual controversy between the
parties, or when no useful purpose can be
served in passing upon the merits. Sangguniang
Panlungsod of Baguio vs. Jadewell Parking
Systems Corporation, 723 SCRA 350 [2014]
Moot court
A court set up in law schools dealing with
suppositions cases for the purpose of legal
education.
Moot questions
It is a rule of universal application,
almost, that courts of justice constituted to pass
upon substantial rights will not consider
questions in which no actual interests are
involved; they decline jurisdiction of moot cases.
Philippine Long Distance Telephone Company vs.
Eastern Telecommunications Philippines, Inc., 690
SCRA 1 [2013]
Well entrenched is the rule that where the
issues have become moot and academic, there is
no justiciable controversy, thereby rendering the
resolution of the same of no practical use or
value. The City of Manila vs. Grecia-Cuerdo, 715
SCRA 182 [2014]
A moot and academic case is 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. Leviste vs. Alameda, 626 SCRA 575
[2010]
Moral certainty
Moral certainty is that degree of proof which
produces conviction in an unprejudiced mind.
Rivera vs. People, 743 SCRA 476 [2014]
Moral character
What a person really is, and not what he or
other people think he is. Royong vs. Oblena,
Adm. Case No. 376 [1963]
An applicant for license to practice law is
required to show good moral character, or what
he really is, as distinguished from good
reputation, or from the opinion generally
entertained of him, the estimate in which he is
held by the public in the place where he is
known. As has been said, ante the standard of
personal and professional integrity which
should be applied to persons admitted to
practice law is not satisfied by such conduct as
merely enables them to escape the penalties of
criminal law. Good moral character includes at
least common honesty. Ibid
Moral Damages
In case of breach of contract, moral
damages may be recovered only if the defendant
acted fraudulently or in bad faith, or is guilty of
gross negligence amounting to bad faith, or in
wanton disregard of his contractual obligations.
The Metropolitan Bank and Trust Company vs.
Rosales, 713 SCRA 75 [2014]
In order that moral damages may be
awarded in breach of contract cases, the
defendant must have acted in bad faith, must be
found guilty of gross negligence amounting to
bad faith, or must have acted in wanton
disregard of contractual obligations. Fil-Estate
Properties vs. Romanquillo, 713 SCRA 91 [2014]
As to moral damages, it is automatically
awarded to rape victims without the necessity of
proof, for it is assumed that they suffered moral
injuries entitling them to such award. People vs.
Jastiva, 716 SCRA 125 [2014]
The prevailing jurisprudence is that the
award of moral damages should be granted
jointly to both the victim and her parents. Stated
differently, the parents are not entitled to a
separate award of moral damages. People vs.
Delen, 722 SCRA 334 [2014]
Under Article 2217 of the Civil Code,
moral damages include physical suffering,
mental anguish, fright, serious anxiety,
wounded feelings, moral shock and similar
injury, while article 2219 of the same Code
provides that moral damages may be recovered
in cases of illegal detention. People vs. Dionaldo,
731 SCRA 68 [2014]
Moral damages 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 defendants wrongful act
or omission. Article 2217, Civil Code of the
Philippines
It has been held that in order to arrive at a
judicious approximation of emotional or moral
injury, competent and substantial proof of the
suffering experienced must be laid before the
court. Magsaysay Maritime Corporation vs.
Chin, Jr., 721 SCRA 46 [2014]
Moral turpitude
Moral turpitude has been defined as everything
which is done contrary to justice, modesty, or
good morals; an act of baseness, vileness or
depravity in the private and social duties which
a man owes his fellowmen, or to society in
general, contrary to the accepted and customary
rule of right and duty between man and woman,
or conduct contrary to justice, honesty, modesty,
or good morals. Pagaduan vs. Civil Service
Commission, 741 SCRA 334 [2014]
Moratorium
A statute or decree, when such decrees have the
force of law, suspending the collection of debts
or the realization of securities for a short period,
because of an existing emergency.
In the Philippines: A moratorium not based on a
real emergency is a denial of the due process of
law.
Moratory interest
Interest by way of damages has been defined as
interest allowed in actions for breach of contract
or tort for the unlawful detention of money
already due. This type of interest is frequently
called moratory interest. Mendoza vs. Gomez,
726 SCRA 505 [2014]
Moratur in lege
Lat. He remains in the law, i.e., he rests upon his
legal right. The phrase in Latin pleadings
equivalent to ''he demurs.''
More or less
An expression used in contracts or deeds to
indicate that the quantity mentioned is
uncertain. In contracts it applies that the amount
is approximately correct. In deeds, it indicates
that the amount is not warranted, and puts the
grantee on inquiry to ascertain the correct
amount.
Mors omnia solvi
Lat. Death dissolves all things, such as criminal
liability as to the personal and pecuniary
penalties.
Mortality table
A life table. It is used largely in ascertaining the
value of life estates, and is accepted by courts as
evidence in fixing such value. It is used largely
to determine pecuniary loss in case of a death
caused by negligence.
Mortgage
A mortgage is an accessory undertaking to
secure the fulfillment of a principal obligation,
and it does not affect the ownership of the
property as it is nothing more than a lien
thereon serving as security for a debt. Philippine
National Bank vs. Dee, 717 SCRA 14 [2014]
The following are the legal requisites for a
mortgage to be valid: (1) It must be constituted
to secure the fulfillment of a principal
obligation; (2) The mortgagor must be the
absolute owner of the thing mortgaged; (3) The
persons constituting the mortgage must have the
free disposal of their property, and in the
absence thereof, they should be legally
authorized for the purpose. Castillo vs. Security
Bank Corporation, 731 SCRA 360 [2014]
One of the requisites of a valid mortgage is
ownership of the property being mortgaged; As
in sales, an exception to this rule is if the
mortgagee is a mortgagee in good faith. Heirs
of Gregorio Lopez vs. Development Bank of the
Philippines, 741 SCRA 153 [2014]
Mortgagee
The holder or owner of a mortgage.
Mortgagor
The debtor or obligor under a mortgage.
Mortum vadium
The Law Latin for mortgage.
Most favored-nation clause
A clause found in many treaties granting to the
citizens of the contracting powers all the
privileges granted by either power to the
citizens of the nation having the greatest and
most extensive rights under any treaty with it.
There are two forms of the most favored-nation
clause in treaties, the unconditional and
conditional. In its unconditional or general form
this clause binds one party to a treaty to grant to
the other party all favors and privileges it has
similarly granted in the past or will grant in the
future to any third State. In its conditional form
it provides that all favors or privileges granted
by one party to a third State specifically in
exchange for certain favors or privileges shall
accrue to the other party only upon fulfillment
of like conditions.
Motel
Includes any house or building, or portion
thereof, in which any person or persons may be
regularly harbored or received as transients or
guests and which is provided with a common
enclosed garage or individually enclosed garage
where such transients or guests may park their
motor vehicles. Section 3 (x), Local Tax Code
Motion
An application to the court by a litigant or his
counsel, for some rule or order granting some
type of relief. Motions may be made either ex
parte or on notice, and either orally or in
writing. When it is based on anything not in the
record, it must generally be supported by
affidavits.
Every application for an order not included in a
judgment may be called motion. Section 1, Rule
15, Revised Rules of Court
The Rules of Court require that every written
motion be set for hearing by the movant, except
those motions which the court may act upon
without prejudicing the rights of the adverse
party. Resurreccion vs. People, 729 SCRA 508
[2014]
Order not included in a judgment: Every
direction of a court or judge which is not a final
disposition after a regular trial of the main issue
or issues in the cause. A petition for the issuance
of such direction which is not a judgment on the
merits is a motion.
Motions are not pleadings.
Motion for extension of time
It is a fundamental rule of remedial law that a
motion for extension of time must be filed before
the expiration of the period sought to be
extended; otherwise, the same is of no effect
since there would no longer be any period to
extend, and the assailed judgment or order will
have become final and executory. Thenamaris
Philippines, Inc. (Formerly Intermare Maritime
Agencies, Inc.) vs. Court of Appeals, 715 SCRA
153 [2014]
It is not necessary that the contents of a motion
for extension should be similar to a petition for
certiorari. Lanier vs. People, 719 SCRA 477
[2014]
Motion for postponement
The trial court has the discretion on whether to
grant or deny a motion to postpone and/or
reschedule the pre-trial conference in accordance
with the circumstances obtaining in the case.
Paraaque Kings Enterprises, Inc. vs. Santos, 729
SCRA 35 [2014]
Motion for reconsideration
The general rule is that a motion for
reconsideration is a condition sine qua non for
the filling of a petition for certiorari. Its purpose
is to grant an opportunity for the court to correct
any actual or perceived error attributed to it by
re-examination of the legal and factual
circumstances of the case. There are recognized
exceptions such as (a) where the order is a
patent nullity, as where the court a quo has no
jurisdiction; (b) where the questions raised in the
certiorari proceeding have been duly raised and
passed upon in the lower court; (c) where there
is an urgent necessity for the resolution of the
question and any further delay would prejudice
the interests of the Government or of the
petitioner or the subject matter of the action is
perishable; (d) where, under the circumstances,
a motion for consideration would be useless; (e)
where petitioner was deprived of due process
and there is extreme urgency for relief; (f)
where, in a criminal case, relief from an order of
arrest is urgent and the granting of such relief in
the trial court is improbable; (g) where the
proceedings were ex parte, or in which the
petitioner had no opportunity to object; and (i)
where the issue raised is one purely of law or
where public interest is involved. Saint Louis
University, Inc. vs. Olairez, 720 SCRA 74 [2014];
Philippine Amusement and Gaming
Corporation vs. Thunderbird Pilipinas Hotels
and Resorts, Inc., 720 SCRA 178 [2014]; Republic
vs. Lazo. 737 SCRA 1 [2014]
2.It is settled that although a motion for
reconsideration may merely reiterate issues
already passed upon by the court, that, by itself,
does not make it pro forma. Victorio-Aquino vs.
Pacific Plans, Inc., 744 SCRA 480 [2014]
Motion to dismiss
A motion to dismiss under Rule 16 of the Rules
of Court is not like a demurrer provided for in
the old Code of Civil Procedure that must be
based only on the facts alleged in the complaint.
Except where the ground is that the com plaint
does not state no cause of action which must be
based only on the allegations in the complaint, a
motion to dismiss may be based on facts not al-
leged and may even deny those alleged in the
complaint.
Section 1 of Rule 16, Rules of Court, enumerates
the grounds upon which an action may be
dismissed and it specifically ordains that a
motion to this end be filed. In the light of this
express requirement a court has no power to
dismiss the case without the requisite motion
duly presented. However, if the grounds for
dismissal are pleaded as affirmative defenses in
the answer, the complaint may be dismissed
without any formal or separate motion to that
effect in accordance with section 5 of this rule.
Grounds:
(a) That the court has no jurisdiction over the
person of the defendant or over the subject of
the action or suit;
(b) That the court has no jurisdiction over the
nature of the action or suit;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between
the same parties for the same cause;
(f) That the cause of action is barred by a prior
judgment or by statute of limitations;
(g) That the complaint 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 or suit is
founded is unenforceable under the provisions
of the statute of frauds; and
(j) That the suit is be tween members of the same
family and no earnest efforts towards a compro-
mise have been made. Section 1, Rule 16,
Revised Rules of Court
Under ordinary circumstances, a motion to
dismiss may no longer be allowed after the
arraignment because their failure to raise any
ground of a motion to quash before they plead is
deemed a waiver of any of their objections.
People vs. Andrade, 741 SCRA 460 [2014]
Motion to Lift Order of Default
For a motion to lift an order of default to
prosper, the following requisites must concur:
(1) it must be made by motion under oath by
one who has knowledge
(2) it must be shown that the failure to file
answer was due to fraud, accident, mistake or
excusable negligence; and
(3) there must be a proper showing of the
existence of meritorious defense. Kilosbayan
Foundation vs. Janolo, Jr., 625 SCRA 684 [2010]
Motion to quash
The motion to quash is the mode by which an
accused, before entering his plea, challenges the
complaint or information for insufficiency on its
face in point of law, or for defects apparent on
its face. Enrile vs. Manalastas, 739 SCRA 49
[2014]
In a motion to quash, the Supreme Court (SC)
shall not consider any ground other than those
stated in the motion, except lack of jurisdiction
over the offense charged. People vs. Andrade,
741 SCRA 460 [2014]
Motive
The inducement of an act which in the criminal
law, is admissible in evidence to assist in
arriving at the truth of the ultimate issue. It is to
be distinguished from intent.
In criminal law: Motive consists of the special or
personal reason which may prompt or induce a
person to per form the act constituting a crime.
Bagajo vs. Marave, 86 SCRA 389 [1978]
Intent: It is 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 results. Ibid.
In relation to the "particular means" employed-
the overt acts committed by a person-motive,
unlike intent, is quite materially removed. One
motive can give rise to one of several possible
courses of action, lawful and unlawful as one act
could have been actuated by one of several
possible motives, good or bad. That is why in
our law on evidence, no unlawful motive is
presumed from the proof of commission of an
un lawful act. Nor would such presumption, if
there was, be of any use, for materially unrelated
as motive is to the prohibited overt act, it is not
essential to the determination of a crime. Ibid.
5.It is well-established that mere proof of
motive, no matter how strong, is not sufficient to
support a conviction, most especially if there is
no other reliable evidence from which it may
reasonably be deduced that the accused was the
malefactor. Atienza vs. People, 716 SCRA 84
[2014]
Proof as to motive is essential when the evidence
in the commission of the crime is purely
circumstantial or inconclusive. It is otherwise
when there is direct testimony of eyewitnesses
whose credibility beyond question. Motive is a
subjective matter which cannot al ways be
proven. A murder committed for a price may
fail to exhibit any motive when the connection
between the murderer and the inducer is not dis
covered, yet no thinking man would plead for
the murderer's acquittal on the ground in the
face of positive testimony of credible
eyewitnesses.
In other words, motive is important in cases
where there is a doubt as to whether the
defendant is or is not the person who committed
the offense. But where the defendant admits the
killing, it is not necessary to inquire into his
motive for doing the act. The motive need not be
fully established if the identity of the culprit is
known.
Where the identity of a person com mitting a
crime is in dispute, the motive that may have
impelled its commission is very relevant. But if
it is conclusive that the accused killed the victim,
he is guilty, although no motive was proven and
he might have intended to kill an other person.
Where the killing is admitted, the law presumes
that there was a motive therefor. In the mind
and eyes of the law in such cases, even though
the motive might have been successfully
concealed from the perception of others and
might be known only to the agent and to his
God, still it was there as the factor impelling the
agent to commit the criminal to aggression.
Courts are not concerned with the motives of the
accused in confessing guilt.
The rule has also been stated in this manner: Itis
not indispensable to conviction that the
particular motive for committing the crime be
established. Where commission of the crime by
the accused is clearly proven, conviction may
and should follow even if the rea son for its
commission is unknown. However, in some
cases one important aid in completing the proof
of the com mission of the crime by the accused is
the motive which tempted the mind to indulge
in the criminal act. Moreover, the motive is of
great service to the court in the exercise of its
discretion to fix the limits of the penalty.
So proof of motive is not absolutely
indispensable. The evidence on the actual
commission of the crime may be so
overwhelming that the question of the motive
may become secondary.
Lack of motive is not a proof of innocence.
But though proof of motive is not in dispensable
to conviction, yet a void in the evidence in this
respect discloses a weakness in the prosecution.
Motive may supply the desired judicial
perspective in given case.
Motives are a state of mind. The accused better
than any other person know the emotion that
prompted his action. Since this is a matter that
lies peculiarly within his knowledge and since,
moreover, this is an affirmative defense, the
burden is on him to prove it.
Motive should be proven in case the identity of
the accused is in doubt. If the motive was not
proven, the case may be decided on the basis of
some other evidence. Failure to prove motive
may engender doubt as to the guilt of the
accused.
However, the question of motive is relative and
no fixed norm of conduct can be decisive in
every imaginable case.
Generally, the motive is established by the
testimony of witnesses on the acts or statements
of the accused before or immediately after the
commission of the offense. Such deeds or wards
may indicate the motive. But the statement of
the accused at the time of arraignment or the
hearing of the case about his motive cannot
generally be considered and relied upon,
especially if there is evidence to the contrary.
Such statement or testimony may be an after
thought or colored by the interest he may have
to suit his defense or the purpose which he
intends to achieve with such declarations.
Prosecuting officers should prove whenever
possible the motives which actuated the
commission of a crime. In many cases an
important aid in completing the proof of the
commission of the crime is the disclosure of the
motive. Thus the fact that the accused had been
losing in their business operations indicated the
motive and therefore the intent to commit arson
for the purpose of collecting the insurance on
their stock of merchandise. In another case, it
was proven that the superstitious belief in the
community, where the crime was committed, to
the effect that the possession of the smallest
right hand finger of the oldest son of a family
brings to the possessor good luck in love affairs,
in gambling and in evading arrest, was the
motive which prompted the accused to commit
the killing because the smallest finger of the
right hand of the victim was missing.
On the other hand, the existence of a motive,
though perhaps an important consideration, is
not sufficient proof of guilt. Mere proof of
motive, no matter how strong, is not sufficient to
support a conviction if there is no other reliable
evidence from which it may be reason ably
deduced that the accused was the malefactor.
Motives such as family feuds, resentment,
hatred or revenge have never swayed the Court
from giving full credence to the testimony of a
rape victim. People vs. Paculba, 614 SCRA 755
[2010]
Motor vehicle
Dictionary meaning: An automotive vehicle not
operated on rails; especially one with rubber
tires for use on high ways.
Any vehicle propelled by any power other than
muscular power using the public highways, but
excepting road rollers, trolley cars, street-
sweepers, sprinklers, lawn mower, bulldozers,
graders, fork-lifts, amphibian trucks, and cranes
if not used on public high ways, and vehicles
run only on rails or tracks, and tractors, trailers
and traction engines of all kinds used exclu-
sively 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.
Article II, Section 3[a], Land Transportation and
Traffic Code
It is to be noted that the Local Tax Code, Section
3[x], thereof, defines motor vehicle the same
way as the Land Transportation and Traffic
Code definition above.
Motu proprio
L t. On his own motion or initiative.
Movables
All concrete objects capable of being moved
from place to place. The term is roughly
equivalent to chattels or personal property, but
usually does not include choses in action, except
so far as they are symbolized by a document
which has a physical situs.
Moving
In building law: The transfer of any building
structure or portions thereof from its original
location or position to another, either within the
same lot or to a different one.
Moving walk
In mechanical regulations: A type of horizontal
passenger carrying device on which passengers
stand or walk, with its surface remaining
parallel to its direction of motion and is uninter-
rupted.
Mulct
A fine or penalty; to impose a fine or penalty.
Mulier puisne
Fr. The legitimate son of a couple.
Mulierty
Legitimacy.
Multifarious
Applied to joinder of causes of action which
could not be joined.
Multifariousness
The joinder in the same complaint or bill of
distinct causes of action which under the
modern rules of procedure may not be joined. It
was formerly a ground for demurrer. Generally
both in code and common law practice, the error
can be cured by amendment.
Multinational River
A river which traverses the territories of more
than one State.
Multipartite
Having several parts; or, in a con- tract or other
negotiations, conducted by more than two
parties. The term is most frequently applied to
international treaties to which a large number of
nations are parties.
Multiple Appeals
Multiple Appeals are permitted in special
proceedings as a practical recognition of the
possibility that material issues may be finally
determined at various stages of the special
proceedings. Aranas vs. Mercado, 713 SCRA
194. (2014)
Multiple Publication
A rule in action for libel arising out of a single
publication that each communi- cation of
written or printed matter was a distinct and
separate publication of a libel contained therein,
giving rise to a separate cause of action. (Time,
Inc. vs Reyes, 39 SCRA 303)
Multiplicity of Actions
The bringing of a large number of separate
actions, on separate claims be- tween the same
parties, in a situation in which the question
which is the basis of all these actions can be
settled in a single suit. The danger and vexation
of a multiplicity of actions is a sufficient
ground for an action in equity by way of
injunction.
Multitude
In legal terminology: An assembly of ten or
more persons.
Municipal
Properly, a term pertaining to the Roman
''municipium'', the organized free town, lower in
rank than a city or "civitas" which generally had
formerly been an independent small state.
In modern terminology: Belonging to any city or
town, without regard to size or importance.
Municipal Corporation
An organized town. Its status as such a town is
generally created by a charter issued by the
legislature; but the corpo- rate character may be
established un- der general laws.
A municipal corporation is a unit of government
and as such, has, in its governmental
capacity, many of the im- munities of
government, as well as many PQ'Wers, such
as thl).tof passing subordinate legislation,
generally call- ed ordinances, and levying
taxes. In its private capacity, i.e., as the owner of
property not used for governmental
purposes, it has the liabilities of a pri- vate
corporation.
A public character as regards the state at large
insofar as it is its agent in government, and
private (so-called) in- sofar as it is to promote
local necessities and conveniences for its own
commu- nity. (Torio vs. Fontanilla, 85 SCRA
599)
Municipal corporations exist in a dual capacity,
and their functions are two- fold. In one they
exercise the right springing from sovereignity,
and while in the performance of the duties per-
taining thereto, their acts are political and
governmental. Their officers and agents in
such capacity, though elected or appointed by
them, are nevertheless public functionaries
performing a pub- lic service, and as such they
are offi- cers, agents, and servants of the state.
In the other capacity the municipalities exercise
a private, proprietary or corpo- rate right,
arising from their existence as legal persons
and not as public agencies. Their officers and
agents in the performance of such functions act
in behalf of the municipalities in their cor-
porate or individual capacity, and not for the
state or sovereign power. (Ibid.)
A municipal corporation, in its strict and proper
sense is the body politic and corporate
constituted by the incorpora- tion of the
inhabitants of a city or town for purposes of
local government there- of. It is a body politic
and corporate es- tablished by law partly as an
agency of the state to assist in the civil govern-
ment of the country but chiefly to regu- late and
administer the local or internal affairs of the city,
town or district which is incorporated.
Nature of municipal corporation: A municipal
corporation is a political divi- sion of the State
exercising delegated powers of government and
variedly described as an arm of the State exer-
cising delegated powers of government and
variedly described as an arm of the State, a
miniature State, a mere cre- ation of the State, an
agent of a State, and the like.
Municipal corporations distinguished from
public corporation: All municipal corporations
are public corporations. There are public
corporations which lack the power of local
government which is the distinctive purpose
and distinguishing feature of all municipal
corporations.
Dual character of a municipal corpo- ration:
Every municipal corporation has a two-fold
character, the one govern- mental, the other
private. In its govern- mental character a
municipal corpo- ration is an agency of the State;
in its private character it is an agency of the
inhabitants.
Municipal corporation is a body poli- tic and
corporate established by law partly as an agency
of the state to assist in the civil government of
the country, but chiefly, to regulate and
administer the local or internal affairs of the city,
town or district which is incorporated.
A municipal corporation is a unit of government
and as such, has, in its governmental
capacity, many of the immunities of
government, as well as many powers, such as
passing subordinate legislation, generally
called ordinances, and levying taxes. In its
private capacity, i.e., as the owner of property
not used for governmental purposes, it has the
liabilities of a private corporation;
Elements
a. Legal creation or incorporation the law
creating or authorizing the creation or
incorporation of a municipal corporation; the
law that established the lgu, either by statute or
ordinance in the case of barangays.
b. Corporate name the name by which the
corporation shall be known
Example: City of Cebu (Basis - the charter)
c. Inhabitants the people residing in
the territory of the corporation
d. Territory the land mass where the
inhabitants reside, together with the internal
and external waters, and the air space above
the land and waters.
Dual character of a municipal corporation: Every
municipal corporation has a two-fold character,
the one govern- mental, the other private. In its
govern- mental character a municipal corpo-
ration is an agency of the State; in its private
character it is an agency of the inhabitants.
Municipal Law
A term developed after the revival of Roman
law in thel2th century, to de- note the law of an
individual nation or people in contrast to
international law. It has given rise to a great deal
of con- fusion and is falling out of general le.
It is used to refer to law which governs a nation
or community.
The law operating within the State, or the
internal law of the State, as dis- tinguished from
international law.
The law dealing with municipalities or
municipal corporations.
Municipal Law
A term developed after the revival of Roman
law in thel2th century, to de- note the law of an
individual nation or people in contrast to
international law. It is used to refer to law which
governs a nation or community.
Municipal Power
Exercised for the special benefit and advantage
of the community and in- cludes those which are
ministerial, private and corporate. (Torio vs.
Fon- tanilla, 85 SCRA 599)
Municipal License Tax
An imposition or exaction on the right to use or
dispose of a property, to pursue a business,
occupation, or call- ing or to exercise a privilege.
(Villa- nueva vs. City of Iloilo, 26 SCRA 578)
Municipal Resolution
An act of a special or temporary char-acter, not
prescribing a permanent rule of government, but
is merely de- clamatory of the will or opinion of
a mu- nicipal corporation in a given matter, and
in the nature of a ministerial or ad- ministrative
act, and is not a law. (Mas- cufi.ana vs.
Provincial Board of Negros Occidental, 79 SCRA
399)
Municipal Trial Courts
Every municipality in the Philippines has its
own Municipal Trial Court. It is referred to as
such if it covers only one municipality;
otherwise, it is called Municipal Circuit Trial
Court if it covers two or more municipalities.
(http://www.chanrobles.com/municipaltrialcour
tsofthephilippines.htm#.WQAS1xOGPIV)
Muniments
Documents of any sort, such as deeds, charters,
wills, etc., which are necessary to prove title to
land. The term is occasionally used for similar
do- cuments used to establish rights of any sort.
Murage
Money expended for the repair of walls.
Murder
In criminal law: Any person who kills another is
guilty of murder. (Article 248, Revised Penal
Code)
The unlawful killing of any person which is not
parricide or infanticide, provided that any of the
following circumstances is present:
(1) 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;
(2) in consideration of a price, reward or
promise;
(3) by means of inundation, fire, poison,
explosion, shipwreck, stranding of a ves-sel,
derailment of or assault upon a street car or
locomotive, fall of an air- ship, by means of
motor vehicles, or with the use of any other
means involving great waste and ruin;
(4) On occasion of any of the calamities
enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive
cyclone, epidemic, or any other public calamity;
(5) with evident premeditation; and
(6) with cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging at his person or corpse.
Elements:
(1) That a person was killed;
(2) that the accused killed him;
(3) that the killing was attended by any of the
qualifying circumstances mentioned in Article
248; and
(4) the killing is not parricide or infanticide.
Musical Instrument
Dictionary meaning: A contrivance by which
musical sounds are produced.
Musical instruments may be classified according
to the nature of the vibrating body that initiates
the sound, as stringed, wind, and percussion.
(Lazatin vs. Commissioner of Customs, 28 SCRA
1016)
Must
The word ''must'' in Section 6, Rule 122, Rules of
Court is synonymous with ''ought.'' It connotes
compulsion or mandatoriness. The clear terms
of sec- tion 6 leave no room for doubt that the
appeal should be effected within fifteen days
from the promulgation of the judgment. (People
vs. Tamani, 55 SCRA 153)
Must-Carry Rule
The must-carry rule mandates that the local
television (TV) broadcast signals of an
authorized TV broadcast station, such as the
petitioner, should be carried in full by the cable
television (CATV) operator, without alteration
or deletion. GMA Network, Inc. vs. Central
CATV, Inc., 730 SCRA 85. (2014)
Mutatis Mutandis
Lat. With the necessary changes; changing those
things which should be damaged.
A phrase used to apply a general statement to a
particular case, when unessential details only
need be changed, to make the general
proposition applicable.
Mute
Mute, persons. One who is dumb. Vide Deaf and
Dumb. MUTE, STANDING MUTE, practice,
crim. law. When a prisoner upon his
arraignment totally refuses to answer, insists
upon mere frivolous pretences, or refuses to put
himself upon the country, after pleading not
guilty, he is said to stand mute.
Mutilation
In criminal law: There are two kinds of
mutilation:
(1) the intentionally mutilation of another, by
depriving him, totally or partially, of some
essential organ for reproduction
(2) intentionally making another mutilation, i.e.
lopping, clipping off any part of the body of the
offended party, other than the essential organ
for reproduction, to deprive him of that part of
the body, also referred to as mayhem
Elements of the first kind of mutilation:
(1) there be a castration, that is, mutilation of
organs necessary for generation, such as the
penis or ovarium
(2) the mutilation is caused purposely and
deliberately
Mutiny
In criminal law: Any person who, on the high
seas, attacks a vessel or seizes its cargo, being
members of its complement or passengers
therein. Intent to gain is not essential as the
offenders may only intend to stage an unlawful
resistance to a superior officer; or the raising of
commotions and disturbances on board a ship
against the authority of its commander.
Mutual Aid
Group insurance in a society, association or
organization whereby the me bers pay certain
dues every year and in case of death among
them, the beneficiary is entitled to receive a
certain amount.
Mutual Credit
Credits given by two persons to each other, so
that the claims of each against each other are
reduced by the amount credited.
In insolvency or liquidation of a business: It is
only the balance left after the mutual credits
which is considered.
Mutual Insurance
A form of insurance in which the insured, in
theory, becomes a men1ber of the company, and
receives dividends each year from the
company's profits. The membership does not
grant rights of participating in the management
or the election of officers, and, under modern
insurance systems, a "mutual" company does
not differ essentially from any other licensed
company.
Mutual Insurance Company
Any domestic life insurance doing business in
the Philippines may convert into an
incorporated mutual life in- surer. As such, it
becomes a non-stock corporation whose
members are the policyholders, or any class or
classes thereof. All members, being both in-
surer and insured, contribute to a common fund
by a system of premiums aJ?.d assessments, and
such fund will pay for the losses and liabilities
of the corporation. The profits are divided
among the members in proportion to their
interest. If no provision is made in the charter of
the corporation, membership commences only
with the taking out of the policy and lasts only
during its policy period.
As distinguished from Mutual Benefit
Association: Mutual insurance companies differ
from mutual benefit asso-ciation in that the
latter are primarily organized not to indemnify
against loss but to provide sickness,
unemployment or death benefits to its members
or their relatives. Benefits are paid out of fixed
and regular dues or assessments collected from
members. Membership in these associations is
usually confined to those belonging to a
particular organization.
Mutuality
The rule that if specific performance may be
granted to one party in a con- tract, it will also
be granted to the other, so that when a
purchaser can ask for the compulsory transfer of
title to land, the seller may ask for a decree
ordering the price to be paid. It is some- times
declared that mutuality must exist when the
contract was made, i.e., that if one of the two
parties to the agreement could not then have
been made to perform it specifically, neither
party could do so at any time. The better rule is
that mutuality need exist only when
performance is due.
Mutual Promises
The promises are reciprocally ex- changed
and become consideration for each other, so that
a contract is created by them.
Mutual Testament

Similar wills made by two parties, frequently

husband and wife, leaving to the survivors all or
the same portion of the estate of either:

Mutus Et Surdus

Lat. Dumb and deaf.

Mutuum

Lat. A loan of personal property for

consumption. The property lent need be
returned only in genere.
A contract whereby one of the parties delivers to
another money or other con- sumable thing
upon the condition that the same amount of the
same kind and quality shall be paid. (See also
Loan)
 Naked Title

N
A title which gives the holder no rights of any
kind in relation to the property. If the title is
recorded so that its character is constructively
known to everybody. If the title is recorded so
that its character is constructively known to
everybody, the holder cannot transfer title even
to a bona fide purchaser. The holder of a naked
title is often treated as a feofee to uses and
where the Statute of Uses is in force, the title is
automatically transferred to the beneficiary.

Name
Naked
A word or combination of words used to
Without or lacking in power or effectiveness.
'identify or designate a person or other entity.

Naked Authority
The surname is the last or family name which
shall principally be that of the father's. (Art. 364,
The authority granted by a principal to an agent,
New Civil Code) Only one Christian name is
without involving any obligations between
recognized in law; if a person has two Christian
them.
names they are in contemplation of law but one
compounded name. A middle initial inserted as
Naked Bailment
an abbreviation of part of either the Christian
name or surname.
A bailment in which the bailee has no duty of
care in regard to the bailed article and no claim
In a warrant of arrest the real name of the party
against the bailor in relation to it.
to be arrested must be inserted if known, and if
unknown, some description must be given with
Naked Contract
the rea- son for the omission. Mistakes in name
or description of legatees in wills may be
A promise without consideration, and therefore
corrected whenever it can be clearly shown by
properly no contract at all. A nudum pactum.
the will itself what was intended. The only
instance in which parol evidence is admissible to
Naked Policy Insurance
show the intention of the testator as to a legatee
imperfectly described is that of a strict
Policy upon goods that are shipped upon a
equivocation, that is, where it appears from
particular vessel.
extraneous or outside evidence that two or more
persons answer the same description in the will.
Naked Position
An incorrect spelling of a name will not matter
in law provided the pronunciation or sound is
In securities law: A long or short position that is
not changed or materially changed.
not hedged.
Where one in making contract under seal uses
an incorrect name he will not afterwards be
permitted to say that it is not his name. If one in
the body of a deed or instrument under seal
describes himself as Juan and signs it Jose he
cannot, on being sued by the latter name, escape
by alleging that his name is Juan. If one signs
such an instrument as "Juan & Jose," (being his
own and his partner's name) without lawful
authority from the partner, either express or
implied, he cannot deny that his name is ''Juan &
Jose.'' In general a corporation may contract, sue
and be sued by its name if there is no alteration
or mistaking the identity of the corporation.
Narratio
Lat. A declaration or complaint.
The Latin term for declaration in common law
pleading. A count in a declaration.
Nasciturus
Lat. About to be born. A child enventre sa mere;
i.e., one not yet born but already conceived.
Nation
A political group having a government and
people distinct from all others, organized for the
purpose of procuring mutual safety and
advantage.
National
A person who is a citizen of a country is a
national of that country, wherever resident.
National Building Code
The purpose of this Code to provide for all
buildings and structures, a framework of
minimum standards and requirements to
regulate and control their location, site, design
quality of materials, construction, use,
occupancy, and maintenance.
National Commission on Indigenous Cultural
Communities/Indigenous People
It refers to the office created under R.A. No.
8371, also known as The Indigenous Peoples
Rights Act of 1997, which shall be under the
Office of the President, and which shall be the
primary government agency responsible for the
formulation and implementation of policies,
plans and programs to recognize, protect and
promote the rights of indigenous cultural
communities or indigenous peoples.
(http://www.gov.ph/1997/10/29/republic-act-no-
8371/)
National Economy and Patrimony
Section 19, Article II of the 1987 Constitution
requires the development of a self-reliant and
independent national economy effectively
controlled by Filipino entrepreneurs; however, it
does not impose a policy of Filipino monopoly
of the economic environment.
While the Constitution mandates a bias in favor
of Filipino goods, services, labor and enterprises,
it also recognizes the need for business exchange
with the rest of the world on the bases of
equality and reciprocity and limits protection of
Filipino enterprises only against foreign
competition and trade practices that are unfair.
National Electrification Administration (NEA)
The amendments emphatically recognized the
National Electrification Administrations
(NEAs) power of supervision and control over
electric cooperatives; and gave it the power to
conduct investigations, and impose preventive
or disciplinary sanctions over the board of
directors of regulated entities. Zambales II
Electric Cooperative, Inc. (ZAMECO II) Board of
Directors vs. Castillejos Consumers Association,
Inc. (CASCONA), 738 SCRA 521. (2014)
National Electrification Administration
Reform Act of 2013
The Supreme Court (SC) judicially notices that
on February 4, 2013, Congress enacted R.A. No.
10531, known as the National Electrification
Administration (NEA) Reform Act of 2013 with
a declared threefold state policy: first, to
empower and strengthen the National
Electrification Administration; second, to
empower and enable electric cooperatives
(organized under presidential Decree (PD) No.
269 and its amendments, and the Philippine
Cooperative Code of 2008; and related laws) to
cope with the changes brought about by the
Electric Power Industry Reform Act of 2001
(EPIRA); and third, to promote the sustainable
development in the rural areas through rural
electrification. (2014)
National Government
Under the administrative code: The term refers
only to the central government, consisting of the
legislative, executive and judicial departments of
the government, as distinguished from local
governments and other govern- mental entities
and is not synonymous, therefore, with the
terms ''The Government of the Republic of the
Philip- pines'' or ''Philippine Government,''
which are the expressions broad enough to
include not only the central government but also
the provincial and municipal governments,
chartered ci- ties and other government-
controlled corporations or agencies. (Central
Bank of the Philippines vs. Court of Appeals, 63
SCRA 431)
National Holiday
In diplomatic parlance: The great majority of the
diplomatic missions all over the world celebrate
their country's national day. In most cases this
day falls on the anniversary of the country's
independence or of a memorable event in the
country's history; in the case of some
monarchies the national holiday is held on the
King's or Queen's birthday. The celebration of
the national holiday usually takes the form of a
reception at the embassy or, if the embassy is not
suitable for the purpose, in an appropriate hotel.
To these receptions are invited the high officials
of the receiving State, especially those in the
Foreign Office; the chiefs of mission and as
many other members of the diplomatic corps as
can feasibly be added to the list of guests; the
press; the business and industrial leaders;
fellow-nationals of the ambassadors; the
prominent personalities in the community; the
local friends of the mission, etc.
National Housing Authority
Under Presidential Decree 757, dated July 31,
1975, the National Housing Authority was
tasked to develop and implement a
comprehensive and integrated housing program
which shall embrace, among others, housing
development and resettlement, sources and
schemes of financing, and delineation of
government and private sector participation.
(http://www.nha.gov.ph/)
National Internal Revenue Code (NIRC)
The code which defines the powers and duties
of the Bureau of Internal Revenue. The BIR shall
be under the supervision and control of the
Department of Finance and its powers and
duties shall comprehend the assessment and
collection of all national internal revenue taxes,
fees, and charges, and the enforcement of all
forfeitures, penalties, and fines connected
therewith, including the execution of judgments
in all cases decided in its favor by the Court of
Tax Appeals and the ordinary courts. The
Bureau shall give effect to and administer the
supervisory and police powers conferred to it by
this Code or other laws.
National Internal Revenue Taxes
The national taxes imposed and collected by the
Bureau of Internal Revenue, to wit:
(a) income tax;
(b) estate and gift taxes;
(c) specific taxes on certain articles;
(d) taxes on business;
(e) documentary stamp taxes and science stamp
taxes;
(f) mining taxes; and
(g) miscellaneous taxes, fees and charges,
namely taxes on banks, finance companies,
insurance companies, franchise taxes, taxes on
amusements, charges on forest products,
firearms license fees, tobacco inspection fees,
and such other taxes as are or hereafter may be
imposed and collected by the Bureau of Internal
Revenue.
National Labor Relations Commission (NLRC)
The National Labor Relations Commission is a
quasi-judicial body tasked to promote and
maintain industrial peace by resolving labor and
management disputes involving both local and
overseas workers through compulsory
arbitration and alternative modes of dispute
resolution. It is attached to the Department of
Labor and Employment for program and policy
coordination. (http://nlrc.dole.gov.ph/)
National Law
In civil law: The law that governs the validity of
his testamentary disposition is defined in Article
16 of the Civil Code of the Philippines.
There is no single American law governing the
validity of testamentary provisions in the United
States, each state of the Union having its own
private law applicable to its citizens only within
the state. The "national law" indicated in Article
16 of the Civil Code cannot, therefore, possibly
mean or apply to any general American law. So
it can refer to no other than the private law of
the State of which the decedent is a citizen, in
the case at bar, the private law of the State of
California. (Aznar vs. Christensen-Garcia, L-
16749, Jan. 31, 1963)
Nationalism
Strong, fervent, or chauvinistic, attachment to
one's own nation and to its political and
economic interests and cultural traditions. It has
been said that nationalism as a mass emotion is
the most powerful political force operative in the
world. It makes the State the ultimate focus of
the individual's loyalty.
Nationality
The status created by birth or naturalization, or
by treaties between states which makes a person
the member of an independent or autonomous
political community. The possibility of dual
nationality has been recognized. Broader than
citizenship, it embraces all who owe allegiance
to a State without thereby becoming citizens.
(Fen- wick, International Law, 253)
As applied to ships: Nationality depends upon
the place at which they are registered. This
registration is regulated by law and generally
requires that some or all of the owners must be
citizens of the country in which the ship is
registered. The external symbol of nationality of
a ship is the flag which it carries and which is
displayed under definite licensing rules.
Nationality Theory
The Civil Code continued to follow the
nationality rule, to the effect that Philippine law
relating to family rights and duties, or to the
status, condition and legal capacity of persons
were binding upon citizens of the Philippines,
although living abroad. Lavadia vs. Heirs of
Juan Luces Luna, 730 SCRA 376. (2014)
National Pollution and Control Corporation
The Commission may conduct scientific
experiments, investigations and research to
discover economical and practical methods of
preventing water and air pollution. To this end,
the Commission may cooperate with any public
or private agency in the conduct of such
experiments, investigations and research and
may accept, and receipt for sums of money for
and in behalf of the National Government, given
by any international, national or other public or
private agency for water and air pollution
control activities, surveys or programmes:
Provided, That sums of money shall be used
only for the purpose for which they are
contributed and any balance remaining after the
conclusion of experiments, investigations and
research shall be returned to the contributors.
The Commission is authorized to promulgate
such rules and regulations or enter into contracts
as it may deem necessary for carrying out the
provisions if this Act.
National Power Corporation (NAPOCOR)
The National Power Corporation (NAPOCOR)
was tasked to carry out the state policy of
providing electricity throughout the Philippines,
specifically, to undertake the development of
hydroelectric generation of power and the
production of electricity from nuclear,
geothermal and other sources, as well as the
transmission of electric power on a nationwide
basis. Land Bank of the Philippines vs. Yatco
Agricultural Enterprises, 713 SCRA 370. (2014)
National Printing Office
Per Executive Order No. 285 dated July 25, 1987;
and as amended by E.O 378 the National
Printing Office (NPO) is mandated to continue
to provide printing services to government
agencies and instrumentalities as mandated by
law. However it shall no longer enjoy exclusive
jurisdiction over the printing services
requirements of the government over standard
forms. Provided that the printing of accountable
forms and sensitive high quality / volume
printing requirements shall only be undertaken
by recognized government printers which
include the National Printing Office.
It shall also continue to provide printing of
Official Ballots and Election Paraphernalia
which could be shared with Banko Sentral ng
Pilipinas, upon the discretion of the Commission
on Election consistent with the provision of the
Election Code of 1987.
The Office may also accept other government
printing jobs, including government
Publications, but not in an exclusive basis. The
Office will also undertake the printing need of
the Presidential Communications Operations
Office and the Office of the President.
(http://npo.gov.ph/about-us/mandate/)
National Statistical Coordination Board
(NSCB)
The National Statistical Coordination Board
(NSCB) was created under Executive Order No.
121 issued on January 30, 1987 as the policy-
making and coordinating agency on statistical
matters in the Philippines.
Foremost among the objectives of the NSCB is to
develop an orderly Philippine Statistical System
capable of providing timely, accurate, relevant,
and useful data for the government and the
public for planning and decision-making.
(http://nap.psa.gov.ph/aboutus/default.asp)
National Telecommunications Commission
(NTC)
The National Telecommunications Commission
(NTC), insofar as the regulation of the
telecommunications industry is concerned, has
exclusive jurisdiction to establish and prescribe
rules, regulations, standards and specifications
in all cases related to the issued Certificate of
Public Convenience (CPC) and administer and
enforce the same.
National Wages and Productivity Commission
(NWPC)
Pursuant to its statutorily defined functions, the
National Wages and Productivity Commission
(NWPC) promulgated NPWC Guidelines No.
001-95 (Revised Rules of Procedure on
Minimum Wage Fixing) to govern the
proceedings in the NWPC and the Regional
Tripartite Wages and Productivity Board
(RTWPBs) in the fixing of minimum wage rates
by region, province and industry. The National
Wages and Productivity Commission (NWPC)
vs. The Allegiance of Progressive Labor (APL),
718 SCRA 479. (2014)

Native
A person who is a subject of a state by reason of
birth.
Natural
A word used in many different connections,
meaning sometimes normal, sometimes found in
nature or in accordance with nature, and
sometimes reasonable and right, as well as in
certain other special senses.
Natural Allegiance
The allegiance created by being born with a
definite nationality.
Natural Born Citizens
In some countries, all persons born within the
territorial limits of a certain country. (See Jus
Soli)
In other countries, all the children of citizens of a
certain country. Under the Philippine
Constitution, those whose fathers or mothers are
citizens of the Philippines (Art. III, Sec. 1, 1973
Constitution). (See Jus Sanguinis)
In some countries, the term includes both
citizens born within the country, and the
children of citizens born abroad, provided their
parents were only temporarily absent, and had
not forfeited their citizenship.
Natural Child
Children born outside wedlock of pa- rents who,
at the time of conception of the former, were not
disqualified by any impediment to marry each
other. (Article 269, Civil Code)
A specie of illegitimate children, the other being
grouped under the heading of ''illegitimate other
than natural.'' (See also Illegitimate) (Mateo vs.
Luis, CA-G.R. No. 18014-R, August 7, 1962)
Natural Children by Legal Fiction
Children conceived or born of marriage which
are void from the beginning shall have the same
status, rights and obligations as acknowledged
natural children. (Article 89, Civil Code)
Theoretically, therefore, natural children by
legal fiction can be legitimated. Some of them,
however, cannot be legitimated because the
impediment be- tween their parents cannot
cease. This would be the case of those born of
incestuous marriages (Article 81, Civil Code), or
of marriages between persons related through
subsequent marriage or adoption (Articles 82
and 80, par. 7), or of marriages where one or
both of the parties are guilty of killing the
spouse of one of them. (Article 80, par. 6)
The following natural children by legal fiction,
however, can be legitimated: (1) Those born of
persons who married while below the age of 16
or 14 years, male and female respectively, and
can contract a new marriage after reaching such
ages; (2) those born of a bigamous marriage, for
the parents can marry each other again upon the
widowhood of the parent who married twice; (3)
those born of marriages solemnized by persons
without authority; those born of persons who
were married without a marriage license, but
who can legally contract another valid marriage;
and (5) those conceived after the decree of
annulment of a voidable marriage. (Tolentino,
Civil Code of the Philippines, Vol. I, p. 530)
Natural Children By Presumption
When the parent making the separate
recognition had capacity to marry at the time of
the conception of the child, the latter is
presumed to be natural, because it is presumed
by the law that the other parent also had
capacity to marry the recognizing parent at that
time. (Tolentino, Civil Code of the Philippines,
Vol. I, p. 540)
It is not necessary that in the act of recognition
by one parent he should expressly state that he
had capacity to marry at the time of the
conception of the child. (Tolentino, Civil Code of
the Philippines, Vol. I, p. 540)
Nature of presumption: While some hold the
view that the presumption of natural status of a
child recognized by a parent separately cannot
be overthrown by contrary evidence because it
would render the presumption useless and in-
effective, the admitted doctrine is that the
presumption is only prima facie, and can be
overthrown by contrary evidence. Article 286,
Civil Code, permits an action to contest
recognition, and one of the grounds on which
the action may be based is that the child does
not have the requirements of a natural child as
provided in Article 269 of the same Code. This is
the rule in this jurisdiction. (Tolentino, Civil
Code of the Philippines, Vol. I, p. 540 citing In
re: Estate of Enriquez, 29 Phil. 167, 175)
When there is no contest of recognition,
however, the presumption stands. Thus, once it
has been proved that a father has recognized a
daughter of his, begotten when he could legally
marry, there is no need to prove that the woman
with whom he had the child could also legally
marry, for such capacity is presumed by law.
(Tolentino, Civil Code of the Philippines, Vol. I,
p. 540 citing Allarde vs. Abaya, 57 Phil. 909)
Natural Children Proper
Those born outside wedlock of parents who at
the time of the conception of such children were
not disqualified to marry each other. (Article
269, Civil Code)
Natural Consequences
Those consequences which flow from an act in
the ordinary, experienced course of events.
Natural Easement of Waters
Waters naturally descend from higher to lower
estates, with the stones or earth which may be
carried by the waters. The higher estate cannot
increase the burden, nor the lower estate impede
the easement. (See Article 637, Civil Code)
Lower estates are obliged to receive waters
which naturally and without the work of man
flow thereon from higher up, as well as the
stones and earth swept down in their course. But
if the waters are the result of artificial
development, or are the overflow from irrigation
dams, or proceed from industrial establishments
recently set up, the owner of the lower estate
shall be entitled to compensation for his loss or
damage. (Article 11, Law of Waters of 1866)
Natural Fruits
The spontaneous products of the soil, and the
young and other products of animals. (Article
442, Civil Code)
Those products of the soil in whose generation
human labor does not intervene, such as the
herbs which grow wild in the mountains
dedicated to pasturage.
Natural Guardian
The father and mother of a minor child.
Naturalization
The judicial act of adopting a foreigner and
clothing him with the privileges of a native born
citizen. It implies the renunciation of a former
nationality and the fact of entrance into a similar
relation towards a new body politic.
The act or proceeding by which an alien
becomes a citizen; the act of adopting a foreigner
and clothing him with privileges of a native
citizen; the admission of a foreign subject or
citizen into the political body of the nation, and
the bestowal on him of the qualities of a citizen
or a subject.
Nature: The opportunity of an alien to become a
citizen by naturalization is a mere matter of
grace, favor, or privilege extended to him by the
state; he does not have a natural, inherent,
existing, or vested right to be admitted to
citizenship. The only right which an alien has to
become a citizen is that which is conferred on
him by statute, and to acquire this right he must
strictly comply with all of the statutory
conditions and requirements. Prior to the filing
of a petition in compliance with existing law and
a final hearing thereon, an alien has no vested
right to citizenship or any right which is r..ot
subject to the power of the state to modify; but
the privilege of naturalization ripens into a right
when he complies with the conditions
prescribed by law and establishes the requisite
facts. Naturalized citizens are as much entitled
to equal protection of the laws as the natural
born Filipinos. Citizenship is a privilege which a
sovereign government may confer on, or
withhold from, an alien or grant to him on such
conditions as it sees fit, without the support of
any reason whatsoever.
Naturalize
To grant citizenship of a state after compliance
with the substantive and procedural
requirements of the naturalization law.
Natural Law
The law which, it is assumed, men in a state of
nature, if intelligent and uncorrupted, would be
guided by instinct to establish.
A standard reasonable law with which all laws
established by custom or statute may be
compared.
The law which all human communities have in
common.
In many older discussions: The same as the jus
gentium.
The law which recognizes the family affections
as fundamental, especially the duty of parents
to provide for and protect their children and of
children to obey their parents, even if no rules to
that effect are formally established in the
community.
According to the advocates of natural law or jus
naturale there exist certain fundamental precept
of life which are discoverable through divine
inspiration and the use of reason. As Cicero puts
it in his De Republica: "There is indeed a true
law (lex), right reasons, agreeing with nature,
diffused among all men, unchanging,
everlasting xxx. It is not allowable to alter this
law, nor to derogate from it, nor can it be
repealed.''
Natural Love and Affection
The love and affection of members of a family
toward each other. This will often constitute
''good'' consideration, in contrast to ''valuable.''
Natural Monopoly
A monopoly which is based upon practically
total ownership or control of a natural resource,
gas, oil, etc. The term also refers to monopolies
based upon the furnishing of goods or services
which would be considered wasteful if
competition were permitted, e.g., telephone,
transportation, electricity, etc. However, if
public interest is to be served by giving
exclusive franchise to certain public services or
public utilities such as those which supply
water, electricity, transportation, telephone and
telegraph, such exclusive franchises are not
violative of laws against mono- polies. (Agro-Fil.
Trading Corp. vs. Lazaro, et. al., L-54968, Sept. 3,
1983)
Natural Person
Individual or physical beings who exist in
nature and are perceptible to the senses.
Any human being who as such is a legal entity
as distinguished from an artificial person, like a
corporation, which derives its status as a legal
entity from being so recognized in law.
Natural Premium
In insurance law: The insured pays premiums in
accordance with the actual risk of loss at his age,
the amount in- creasing from year to year.
Natural Presumption
A presumption which is based upon proof of a
fact or facts from which other facts may be
naturally presumed, the connection being
established by experience and observation.
Natural Rights
Rights which are possessed by every citizen
without being granted by the State for they are
given to man by God as a human being so that
he may live a happy life.
(http://philgovernment.blogspot.com/2009/12/cla
sses-of-rights-art-iii.html)
Natural Obligations
A natural obligation arises from circumstances
in which the law implies a particular moral duty
to render a performance. It may not be enforced
by judicial action; however, whatever has been
freely performed in compliance with a natural
obligation may not be reclaimed, and a contract
made for the performance of a natural obligation
is ONEROUS.
Natura Vis Maxima
Lat. The force of nature is greatest.
Naufrage
The same as shipwreck.
Navicert
In international law: The term navicert (or letters
of assurance) refers to documents issued by
officials of a belligerent State, indicating that the
cargo of a vessel sailing from a neutral port
corresponds to the manifest. Its purpose is to
serve as a ' 'sort of commercial passport,'' to
facilitate the passage of the vessel and avoid the
necessity of search of the cargo by the
belligerent, but it does not convey any guaranty
that the vessel and cargo will be free from
seizure or interference.
Navigable River
If a river is capable in its natural state of being
used for purposes of commerce, it is navigable
in fact, and therefore becomes a public river. It is
sufficient if it is capable of floating vessels,
boats, or other craft, or rafts of logs, or logs in
quantities to make it of commercial value.
(Macatangay vs. Secretary of Public Works and
Communications, 17 SCRA 31)
A river with a depth of one foot at low tide is
evidently navigable at high tide for vessels of
deeper draft of one foot and at low tide
navigable to those of one foot draft, thereby
applying floatability as the norm of navigability
under Republic Act No. 2056. (Ibid.)
Navigable Stream
A floatable stream is considered a navigable
stream. (Ibid.)
Ne
A latin conjunction equivalent to ''lest'' or' 'that
not.''
Neadmittas
Lat. Do not admit.
In English ecclesiastical law: A writ issued to a
bishop, while a proceeding of quare impedit is
pending in his court, to prevent him from
admitting anyone to the benefice which is
subject of liti- gation until the quare impedit is
deter- mined.
Ne Bailla Pas
Fr. In common law: Action of detinue, the plea
that the property was not delivered.
Neat Cattle
Bulls, cows or oxen.
Necessaries
Such things as a person needs for sustenance,
residence, entertainment, clothing, medical
attendance or education. The nature and
quantity of these articles will be determined by
the age, social position or surrounding
circumstances of the person for whom they are
claimed as a fact in every individual case.
A parent is, in most jurisdictions, liable for
necessaries furnished with or without his
consent to his minor children if he fails to
provide for them.
A husband is in the same way liable for
necessaries furnished to his wife, if he does not
provide them, and she is authorized to pledge
his credit for necessaries so furnished to her or
her husband's children under his custody.
An infant (minor) is frequently said, even in
statutes, to be bound by his contracts for
necessaries, even if he may rescind all others. In
fact, how- ever, he is bound rather in quasi-con-
tract than properly in contract, since he cannot
be held for more than the reasonable value. This
value, however, may never be assessed at more
than the agreed price.
Necessary bandwidth
For a given class of emission, the minimum
value of the occupied bandwidth sufficient to
ensure the transmission of information at the
rate and with the quality required for the system
employed, under specified conditions.
Emissions useful for the good functioning of the
receiving equipment as, for example, the
emissions corresponding to the carrier of
reduced carrier systems, shall be included in the
necessary band- width. (Article 1, Section 3,
Radio Regulations.)
Necessary Deposit
A deposit is necessary: (1) when it is made in
compliance with a legal obligation; and (2) when
it takes place on the occasion of any calamity,
such as fire, storm, flood, pillage, shipwreck or
other similar events. (Article 1996, Civil Code)
Additional cases: (1) The deposit of effects made
by travellers in hotel or inns; and (2)
transportations by com- mon carriers of
passenger's baggage which are under the latter's
custody.
In case property is saved on the occasion of a
calamity there are two juridical relations created:
(1) necessary deposit with regard to the savior of
the property; and (2) quasi-contract on the part
of the owner obliging the latter to pay the savior
of the property just compensation.
Necessary Domicile
Domicile established by law rather than that
established voluntarily.
Necessitas Inducit Privilegium Quoad Jura
Privata
Lat. In private law necessity imports privilege.
Necessary Implication, Doctrine of
The doctrine states that what is implied in a
statute is as much a part thereof as that which is
expressed. 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,
including all such collateral and subsidiary
consequences as may be fairly and logically
inferred from its terms.
(http://www.lawphil.net/judjuris/juri1992/feb199
2/gr_88979_1992.html)
View that under the doctrine of necessary
implication, it is reasonable to presume that the
power to finally discontinue or abandon the
work, activity or purpose is vested in the person
given the duty to implement the appropriation
(i.e., the heads of offices), like the President with
respect to the budget of the Executive
Department. (2014)
Necessity
A situation which makes certain acts
compulsory so that they will be excused even if,
except for the proved necessity, they might be
torts. A right of way by necessity is implied
when the owner of a tenement, grants a part of
his estate to another without providing for such
access. The grantee will then have a right of way
to the road over the land of his grantor.
The particular property to be expropriated must
be necessary, does not mean an absolute but
only a reasonable or practical necessity, such as
would combine the greatest benefit to the public
with the least inconvenience and expense to the
condemning party and property owner
consistent with such benefit. (City of Manila vs.
Arellano Law Colleges, 85 Phil. 663)
Neck Verse
A verse or passage from the Bible which, if read
by a person, would entitle him to benefit of
clergy.
Nec Vi, Nec Clam, Nec Precario
Lat. The Romans made a distinction based on
the ground or title upon which possession rests,
between possessio justa and possessio injusta. If
a person obtains a thing from a former possessor
by force (vi), by stealth (clam), or by leave or
license of the former possessor (precario), his
possession is injusta. Such possession, although
faulty or imperfect as against the previous
possessor, is perfectly valid as against all other
persons. Possessio justa in Roman law is that
which does not suffer from any such defect as
when one takes possession of a thing which has
been abandoned by its previous possessor.
Ne Disturba Pas
Lat. The general issue is an action of foremedon.
Neexeat
Lat. Writ preventing departure from the
jurisdiction.
Negative Conditions
Those which depend on the non-happening of
an event. If the condition is positive, i.e., that an
event should occur within a determinate period,
the obligation is extinguished from the moment
the period lapses or if it has be- come
indubitable that the event will not take place.
If the condition is negative, i.e., that some event
will not happen within a de- terminate time, the
obligation becomes effective from the moment
the period lapses, or if it becomes evident that
the event cannot occur. The period fixed or
probably intended by the parties shall control.
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. (Section 5,
Rule 6, Rules of Court)
Negative Easement
That which prohibits the owner of the servient
estate from doing something which he could
lawfully do if the easement did not exist. (Article
616, Civil Code)
The easement of light and view is a negative one
when the openings are made in one's own wall.
When a person makes opening on his own wall
to admit light below the ceiling joists, and he ac-
quires a servitude to admit such light, the
servitude is a negative one, because it imposes
upon the owner of the adjacent tenement the
obligation not to construct on his own land in
such manner as to obstruct the light.
The servitude of view (balcony) is negative
when the opening is on one's own wall and does
not extend over the property of another.
Negative Pregnant
A negative statement which contains an
affirmative implication.
Negative Slippage
The discretion of the Department of Public
Works and Highways (DPWH) to terminate or
rescind the contract comes into play when the
contractor shall have incurred a negative
slippage of 15% or more. Heirs of Diosdado M.
Mendoza vs. Department of Public Works and
Highways, 729 SCRA 654. (2014)
The PM/RD/DE shall initiate
termination/rescission of the contract and/or
take-over of the remaining work by
administration or assignment to another
contractor or appropriate agency. The discretion,
therefore, of the DPWH to terminate or rescind
the contract comes into play only in the event
the contractor shall have incurred a negative
slippage of 15% or more. Genaro Reyes
Construction Inc., et. al. vs. Honorable Court of
Appeals, et. al., G.R. No. 108718
Neglect of Duty
As a valid ground for dismissal under Article
282 of the Labor Code, neglect of duty must be
both gross and habitual. FLP Enterprises, Inc. vs.
Dela Cruz, 731 SCRA 168. (2014)
Negligence
Negligence is defined as the failure to
observe for the protection of the interests of
another person that degree of care, precaution,
and vigilance that the circumstances justly
demand, whereby such other person suffers
injury. Soldium vs. People, 718 SCRA 263 [2014]
Negligence is the omission of that
diligence required by the nature of the
obligation and corresponds to the circumstances
of the person, of the time and of the place. Bank
of the Philippines Islands vs. Sanchez, 741 SCRA 1
[2014]
The omission to do something which is a
reasonable man, guided by these 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.
Negligence is defined as the failure to observe
for the protection of the interests of another
person that degree of care, prosecution and
vigilance that the circumstances justly demand,
whereby such other person suffers injury.
Solidium vs. People, 718 SCRA 263. (2014)
Want of care required by the circumstances. It is
a relative, not an absolute term. Its application
depends upon the situation of the parties and
the degree of care and vigilance which the
circumstances reasonably require.
Test for determining a person is negligent:
Would a prudent man in the position of the
person to whom negligence is attributed, foresee
harm to the person injured as reasonable
consequence of the course about to be pursued?
(People vs. Delos Santos, CA- G.R. No. 00393-R,
December 29, 1962)
In determining the existence: The law adopts the
standard supposed to be supplied by the
imaginary conduct of the discret pater familias
of the Roman Law, and considers what would
be reckless, blameworthy, or negligent in the
man of ordinary intelligence and prudence and
determines liability by that criterion, not by
reference to the personal judgment of the actor
in the situation before him. (People vs. Ugalde y
Obeda, 59 O.G. 1241)
Criminal negligence: Negligence may be
criminal or not criminal. Non- criminal
negligence may either be contractual or quasi-
delictual. This distinction is recognized in
Articles 1157 et seq. of the new Civil Code (as
also in the old Civil Code), which provide that
obligations arise from law, contracts, quasi-
contracts, delicts and quasi-de- licts. Delictual
obligations are governed by the penal law. Ail
other obligations are governed by the civil law.
Article 2177 of the new Code provides:
"Responsibility for fault or negligence under the
preceding article (2176 re quasi-delictual
negligence) is entirely separate and distinct from
the civil liability arising from negligence under
the Penal Code. But the plaintiff cannot recover
damages twice for the same act or omission of
the defendant.'' A negligent act causing damages
may produce civil liability arising from crime or
create an action for quasi-delict under the Civil
Code. The injured parties may choose which
remedy to enforce. The Penal Code does not
draw a well-de- fined demarcation line between
negligent acts that are delictual and those which
are quasi-delictual at the same time.
Article 365, Revised Penal Code, which punishes
criminal negligence or quasi-offenses, furnishes
the middle way between a wrongful act
committed with malicious intent, which gives
rise to a felony, and a wrongful act commit- ted
without any intent which may entirely exempt
the doer from criminal liability. It is the duty of
everyone to execute his own acts with due care
and diligence in order that no prejudicial or
injurious results may be suffered by others from
acts that are otherwise inoffensive. In cases of
criminal negligence, the law supplants the
element of malicious intent or dolo by careless-
ness, imprudence or negligence Reckless
imprudence is not a crime in itself. It is simply a
way of committing it and merely determines a
lower degree of criminal liability. Negligence
becomes a punishable act when it results in a
crime.
Criminal negligence is one of the three classes of
crimes. It is the kind of crime committed by
means of culpa. The other two classes are the
crimes committed by means of dolo (mala in se),
and those which are mala prohibita (punished
by special laws). There are specific crimes in the
Code which are committed by means of culpa,
such as infidelity in the custody of prisoners
through negligence and unintentional abortion.
Crimes, usually committed through dolo, may
be committed through negligence. Thus, there
may be bigamy through reckless imprudence;
arbitrary detention through simple negligence;
or falsification through reckless imprudence.
The offense of serious physical injuries through
reckless imprudence is distinct from that of
tumult under Article 153, Revised Penal Code,
although they arose from the same act or
occasion, which was the firing of a machine gun.
Homicide through reckless imprudence is
distinct from illegal practice of medicine. A
person who, while illegally practicing medicine,
causes the death of another through negligence
is guilty of two crimes; illegal practice of
medicine and homicide through reckless
negligence. Article 4, Revised Penal Code, was
applied in crimes committed through culpa.
Thus, where the person killeq in a collision due
to the defendant's fault was a woman suffering
from an incurable cancer of the lungs, the
defendant was liable for the crime of homicide
through reckless imprudence.
Presence of malice negatives negligence: In
criminal negligence the injury caused must be
unintentional, it being the result of an act
performed without malice. If there is malice,
there is no criminal negligence. The act is a
crime committed by means of dolo. Thus, al-
though the accused peace officer had no intent
to commit homicide, but he maliciously
maltreated a person suspected of theft, he was
guilty of homicide for the resulting death of the
maltreated person, and not homicide through
reckless imprudence. On the same principle, an
agent of authority who, in pursuit of a fugitive,
after seeing him al- ready fallen to the ground in
consequence of a shot fired by him, persists in
firing and killing him, is guilty not of mere
negligence but of malicious homicide. Where the
accused husband quarrelled with his wife
because he tried to restrain her from giving their
child a bath, and, in the course of the quarrel,
the accused punched his wife in the abdomen,
and, as a result, she suffered an attack and died,
the offense is intentional parricide, mitigated by
lack of in- tent to commit so grave a wrong, and
not parricide through reckless imprudence.
Concept of negligence: The term negligence is
used to indicate the legal delinquency which
results, whenever a man fails to exhibits the care
which he ought to exhibit, whether it be slight,
ordinary or great. It is clear that in a situation,
where immediate danger to an individual is
indicated, the requirement for the exercise of a
high degree of care is more exigent than where
nothing more than possible harm to inanimate
things is concerned. As experienced only too
well teaches, collisions be- tween cars and
vehicles carrying people in the streets are fought
with a high degree of care is required of those
who have control of the agencies involving such
danger. The failure to use the requisite care in
such cases is properly denominated gross
negligence or rash imprudence if the actor,
having at his command the means of avoiding
the harm, fails to avail himself of it. The term
''rash imprudence'' as used in the Spanish Code
is equivalent to the ''gross negligence'' of the
common law. Gross negligence is only
negligence with a vituperative epithet. In
common usage the word "rash" seems
sometimes to apply a wanton disregard of
consequences, indicative of a state of mind
bordering upon deliberate intention to inflict a
positive injury. The legal import of the
expression excludes the idea of malice and,
under conditions more readily felt than defined,
is satisfied by proof of mere lack of foresight.
Negotiability
The quality of an instrument, or of commercial
paper, which makes it cap- able of being
negotiated. Besides the other conditions
required by law, ''was of negotiability,'' i.e., the
words ''to order'' or ''to bearer'' are necessary.
The character of such commercial paper that
makes it transferable by indorsement and
delivery, or delivery alone.
Negotiable
That which can be negotiated, transferred or
assigned.
Negotiable Bill Of Lading
In code of commerce: One in which it is stated
that the goods will be delivered to the bearer, or
to the order of any person named therein.
Negotiable Document of Title
One which declares that the goods referred to
therein are deliverable either to bearer, or to the
order of any person named therein.
Negotiable Instrument
By definition, a letter of credit is a written
instrument whereby the writer requests or
authorizes the addressee to pay money or
deliver goods to a third person and assumes
responsibility for payment of debt therefor to
the addressee. Philippine National Bank vs. San
Miguel Corporation, 713 SCRA 586. (2014)
A written instrument signed by the maker or
drawer for the unconditional payment of a fixed
sum of money or money only, at a fixed or
determinable future time, or on demand, to a
payee or to his order or to bearer.\ The words
''order'' or ''bearer'' are the ''words of
negotiability'' and are essential elements.
Negotiable instruments are of several types. The
two general kinds are (1) Promissory note, i.e., a
written promise to pay having the characteristics
mentioned above; or (2) Bill of Exchange or
Draft, a written order on a person, called a
drawee, to pay a third person, which fulfills the
conditions mentioned. A trade acceptance is a
draft drawn by a seller on the purchaser of
merchandise. The drawee of a draft becomes
primarily liable after he endorses his acceptance
thereon.
The law of negotiable instruments devel1lped in
England through the court of me1 chants. It was
codified in 1882 by Parliamentary enactment of
the Bills of Exchange Act. In the United States,
the law ha:: been codified in a Uniform
Negotiable Instruments Act which has been
adopted in all the 50 states and also in the
Philippines.
Negotiable Receipt
That 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.
Negotiable Warehouse Receipt
One in which it is stated that the goods received
will be delivered to the bearer, or to the order of
any person named therein.
Negotiate
To transfer a negotiable instrument in due
course of business.
To enter into discussion about the terms and
conditions of a proposed le- gal transaction.
Negotiated Sale
In a negotiated sale, the government offers to
acquire for public purpose a private property,
and the owner may accept or reject it. Republic
vs. Ortigas and Company Limited Partnership,
717 SCRA 601. (2014)
Negotiating States
In international law: A State which took part in
the drawing-up and adoption of the text of the
treaty.
Negotiation
In international law: Intercourse between two or
more States conducted for the purpose of
effecting an understanding between them; or the
conduct of discussions between the parties to a
dispute designed to produce a settlement of the
dispute.
Negotiation has been described as ''the simplest
means of settling State differences. '' It is
generally the first to be mentioned among the
means of amicable settlement enumerated in
Article 33( 1) of the Charter of the United
Nations. This article provides: ' 'the parties to
any dispute, the continuance of which is likely
to endanger the maintenance of international
peace and security, shall first of all, seek a
solution by negotiation, inquiry, mediation,
conciliation, arbitration, judicial settlement,
resort to regional agencies or arrangements, or
other peaceful means of their own choice. ''
Negotiation may result in one party to the
dispute acknowledging the claims of the other
party, or in one party yielding to the other in the
interest of peace even though it does not really
ac- knowledge the latter's alleged claims, or in a
compromise.
Care must be taken not to confuse policy with
negotiation. Foreign policy is the course or plan
of action in international affairs formulated by
the policy makers in the government, whereas
negotiation is the execution of such policy by the
State's diplomatists.
In negotiable instruments law: An instrument is
negotiated when it is transferred from one
person to another in such a manner as to
constitute the transferee the holder thereof. If
pay- able to bearer, it is negotiated by delivery;
if payable to order, it is negotiated by the
indorsement of the holder completed by
delivery.
In procurement office and the supply law: The
word "negotiation" is best definable as the
procedure followed when contracts are awarded
after less formalize methods. It is a method of
procurement where the stringent requirements
in formal advertising are dispensed with.
Direct importation of supplies, materials and
equipment by the Bureau of Supply
Coordination without the benefit of public
bidding partakes of the nature of a negotiated
contracts between the supplier in the foreign
country and the Director of said Bureau.
Negotiorum Gestio
In Roman law: The quasi-contract of negotiorum
gestio arises when a per- son voluntarily takes
charge of the agency or management of the
business or property of another without any
authority from the latter.
That which exists when a person voluntarily
assumes the agency or management of the
business or property of another, without any
power from the latter and without any legal
obligation of entering into the same.
''The following are circumstances under which
one may undertake to carry out a business
matter for another (gestion de negocios a]enos),''
says Manresa, "and complete the juridical
conception which we have just given of such
undertaking: ( 1) that they relate to determined
things or affairs, and that there be no
administrator or representative of the owner,
who is charged with the management thereof;
(2) that it be foreign to all idea of express or tacit
mandate on the part of the owner, for it very
often may happen even without his knowledge;
it is authorized by Law 26, title 12, of the 5th
Partida and continues to be authorized by the
Code, which latter, in fulfillment of base 21,
aforecited, of the law of May 18, 1888,
maintained the doctrine sanctioned by the old
Law; and (3) that the actor be inspired by the
beneficient idea of averting losses and damages
to the owner or to the interested party through
the abandonment of the things that belong to
him or of the business in which he may be
interested, that is, that the administrator shall
not undertake the matter in the hope of
obtaining profit, or, as stated in Law 29, of the
title and Partida cited, with the avaricious idea
of gain." "Without these circumstances,'' says
Sanchez Roman, ''the quasi-contract with which
we are now dealing does not exist; and, on the
contrary, reduced to its just and natural limits, it
is of unquestionable utility.''
Requisites: ( 1) a voluntary act-no authority from
the owner nor any obligation imposed by law;
(2) the business or property belongs to another;
(3) the business or property is not required by
law to be performed by a determinate person;
(4) the act is done without the express or tacit
consent of the owner and without any
prohibition from him; the gestor really intends
to assume the management or agency, that is,
the gestor is not motivated by error or greed or
as an act of liberality; (6) the property or
business is neglected or abandoned: (7) the
assumption of management is one of some
benefit to the owner.
Distinguished from implied agency: ( 1) In
negotiorum gestio there is no con- sent on the
part of the principal while in implied agency
there is consent al- though implied; (2)
negotiorum gestio is a quasi-contract while
implied agency is a contract; (3) in negotiorum
gestio the basis is necessity while in implied
agency there is no requirement of necessity.
Negotiorum Gestor
Lat. In the Roman civil law: One who takes part
in a transaction or acts as agent without
authority to do.
Ne Luminibus Officitur
Lat. An easement preventing a person from so
constructing his house as to obstruct light to
another's dwelling.
Nemine Contradicente
Lat. No one contradicting. A term used to
describe the fact that a unanimous vote was cast
in a deliberate assembly or council.
Nemine Dissentiente
Lat. No one dissenting.
Nemo Bis Punitur Pro Eodem Delicto
Lat. No one is twice punished for the same
offense.
Nemo Dat Quod Non Habet
Lat. No one can give that which he does not
have.
Nemo Debet Esse Judex In Pro- Pria Causa
Lat. No one ought to be judge in his own case.
Nemo Este Haeres Viventis
Lat. No one can be heir during the life of his
ancestor.
Nemo Est Supra Leges
Lat. No one is above the law.
Nemo Plus Juris In Allum Transferre Potest
Quam Ipse Habet
Lat. No one can convey a better right that he
himself has.
Nemo Tenetur Armare Adver- Sarium Suum
Contra Se
Lat. No one is bound to arm his adversary
against himself.
Nemo Tenetur Seipsum Accusare
Lat. No man can be compelled to criminate
himself.
Nephew
The male child of a brother or sister.
Nepos
Lat. Grandson.
Neptis
Lat. Granddaughter.
Ne Puls Ultra
Lat. The highest achievement.
Ne Recipiatur
Lat. A special motion entered by a defendant to
prevent a plaintiff who has filed his action too
late from being heard at that sitting.
Net
That which remains after the making of certain
deductions or charges.
Net Earning
The total of the earnings less expenses necessary
in the creation of such earnings or income and
less living and other incidental expenses. (MD
vs. Court of Appeals, 90 SCRA 542.) How- ever,
undeclared income cannot be included in the
computation of the net earnings of claimant-
offended party. (Velasco vs. Meralco, 42 SCRA
556)
Net Capital Gain
The excess of the gains from sales or exchanges
of capital assets over the losses from such sales
or exchanges. (Section 34(2), National Internal
Revenue Code)
Net Capital Loss
The excess of the losses from sales or exchanges
of capital assets over the gains from such sales
or exchanges. (Section 34[3], National Internal
Revenue Code)
Net Capital Loss Carry Over
If any taxpayer, other than a corporation
sustains in any taxable year a net capital loss,
such as loss (in an amount not in excess of the
net income for such year) shall be treated in the
succeeding taxable year as a loss from the sale or
exchange of a capital asset held for not more
than twelve months. (Section 34(d), National
Internal Revenue Code)
Net Income
Income which remains after the substraction of
allowable deductions and exemptions from
gross income, and which is taxable.
The gross income computed under Section 29 of
the National Internal Revenue Code, less the
deduction allowed by Section 30 of the same
Code.
Net Profit
Generally used to indicate the excess of the
prices received for the sale of goods over the
costs of purchase and other expenses.
Neunques
Fr. Never.
Ne Unques Accouple In Loyal Matrimonie
Fr. Never lawfully married. The pleas in the
common law action of dower which deniea the
right to dower by reason of the illegality of the
marriage on which the claim for dower is based.
Ne Unques Administrator
Fr. Or Executor: Never administrator, or
executor. The plea in an action against a
personal representative of a decedent which
denies that the defend- ant qualified as such.
Ne Unques Seisie Que Dower
Fr. The plea in the common law action of dower
which puts in issue whether the deceased
husband was ever seized of the lands in which
dower is claimed.
Neutralism
In international law: The term used by some in
reference to the position ta- ken by the States
which do not take sides in the cold war between
Eastern and Western power blocs. Some leaders
of the States in this group disapprove of the use
of the term ''neutralism," they prefer "non-
aligned" or ''uncommitted.''
Neutrality: The relation which exists between
States which take no part in the war towards
belligerents.
Status of power not at war in relation to the
belligerents, involving the duty of impartiality
on the part of the neutral State. The attitude of
impartiality adopted by third States towards
belligerents and recognized by belligerents, such
attitude creating rights and duties between the
impartial States and the belligerents.
The essence of neutrality, according to the
traditional view, then, is the attitude of non-
participation and impartiality on the part of the
States which do not take part in the war towards
the belligerents. However, some writers
maintain that today the cornerstone of neutrality
is non: belligerency rather than impartiality; this
implies that under certain circumstances a
neutral State may resort to certain non-violent
measures against a bellig'9rent.
Neutrality creates for neutral States as such
rights and duties that obtain for the duration of
the war.
The concept of neutrality as it is understood
today was unknown in early times. It is the
result of the gradual formulation of principles
starting from the sixteenth century to recent
times.
Neutrality may be permanent as in the case of
neutralized States or not permanent; generally
or partial in point of territory; voluntary or
conventional, i.e., resulting from an existing
treaty; armed, as when a neutral State takes
military measures to prevent its territory from
being used by a belligerent, perfect, i.e.,
complete or qualified.

The condition of a nation that takes no part in a
war that is being waged be- tween two or more
nations. The status of a neutral, or the neutrality
of a nation, is generally publicly proclaimed by
the nation seeking it. Under international law, as
established by doctrine and many international
conventions, the rights of neutrals play a great
part and violation of neutrality by a belligerent
is a justification for joining the other side or
waging independent was against the offender.
If such extreme measures are not taken,
violation of neutral rights becomes after the
war the basis for a demand for compensation,
which is generally assessed by arbitration
tribunals or by an international court.
In the same way, neutrals are under severely
enforcible obligations to refuse aid or assistance
to the belligerents either directly or indirectly,
and if belli- gerent troops or equipment enter
neutral territory, they must be at once disarmed
and interned for the duration of the war. The
cost must ultimately be borne by the nation of
which these troops are nationals. Belligerent
vessels may not remain in neutral waters longer
than a day, under the same penalty.
In such conflicts as the First and Second World
Wars, the maintenance of neutrality became
extraordinarily difficult, and, if the United
Nations be- comes a permanent institution, it is
likely that the vast body of the law dealing with
neutrality will become more or less obsolete.
Neutralization: The process whereby the
independence and integrity of a State are
permanently guaranteed through an
international convention; the neutralized State
binds itself that it shall refrain from taking up
arms against any other State except when at-
tacked and from making agreements which may
call for such actions.
The best-known example of neutralization is
that of Switzerland. By the declaration signed in
Vienna on March 20, 1815 the then big powers-
Austria, France, Great Britain, Prussia and
Russia- ''acknowledged that the general interest
demands that the Helvetic (Swiss) States should
enjoy the benefits of perpetual neutrality, ' ' and
declared ''that as soon as the Helvetic Diet
should accede to the stipulations'' prescribed,
her neutrality should be guaranteed. The Swiss
Confederation having acceded on May 27, 1815,
the guaranteeing powers gave their
acknowledgement on November 20, 1918.
The neutralization of a State must be
distinguished from the neutralization of a
portion of a State. The latter has the effect that
war cannot be carried on in the neutralized part
of the State. An- other type of neutralization is
the so-called "autonomous neutralization" in
which a State unilaterally declares that it will
permanently remain neutral-in this case if the
independence and integrity of the self-
neutralized State are not guaranteed collectively
by other States, it is not neutralized in the
ordinary sense of the term. It seems that self-
neutralization has only political but no legal
effect.
Rights and duties of neutral states: The rules
governing the rights and du- ties of neutral
States in land warfare are set out in Convention
V of the Hague Conference of 1907.
The basic rule is that neutral territory is
inviolable. Belligerents may not move troops or
convoys of munitions of war or supplies across
it.
Belligerents are forbidden to erect wireless
stations in neutral territory for the purpose of
communicating with their armed forces, or to
open recruiting agencies in such territory, or to
use it for the formation of corps of combatants.
But the neutral State is not obliged to prevent
persons from crossing the frontier separately to
offer their services to one of the belligerents. Nor
it is called upon to prevent the export or
transport, on behalf of one or other of the
belligerents of arms or munitions of war.
If a neutral State receives on its territory troops
belonging to belligerent forces, it 1nust intern
them. If it receives escaped prisoners of war, it
shall leave them at liberty. A neutral State may
authorize the passage into its territory of the sick
and wounded members of the belligerent forces.
The rights and duties of neutral States in naval
warfare are defined in Convention XIII of the
Hague Conference of 1907. The convention
contains 28 articles. Article 1 provides:
"Belligerents are bound to respect the sovereign
rights of neutral Powers and to abstain, in
neutral territory or neutral waters, from any act
which would, if knowingly permitted by any
Power, constitute a non-fulfillment of
neutrality.''
Belligerents are forbidden to use neutral ports
and waters as a base of naval operations against
their adversaries. However, the neutrality of a
State is not affected by the mere pas- sage
through its territorial waters of warships or
prizes belonging to belligerents.
Belligerent warships and prizes may be
permitted to enter and stay in neutral ports and
waters under certain circumstances and for
limited periods.
With respect to aerial warfare, it seems to be
established that a neutral State must prevent
belligerent aircraft from using its air space above
its territory and territorial sea. If they enter
neutral airspace, the neutral State is compelled
to force them to land and in- tern them and their
crews. However, under the Geneva Red Cross
Conventions of 1949 medical aircraft of
belligerents may overfly the territory of a
neutral State and land there in case of necessity
with the consent of the State.
Neutrality, Treaty Of
In international law: A treaty of neutrality is one
whereby two States agree mutually that, if one is
attacked by a third State, the other will remain
neutral.
Nevarietur
Lat. Literally, that it be not changed; used in
reference to a document or instrument from
which no departure can be permitted.
A phrase endorsed by notaries upon negotiable
instruments to establish identity.
New and Useful
The qualities of a proposed product or article
that must be shown to exist, in order to justify
the granting of a patent thereon. A patent issued
on an article that does not possess these qualities
may be disregarded.
New Code of Conduct for Judicial Officials in
the Philippine Judiciary
The New Code of Judicial Conduct for the
Philippine Judiciary consists of it consists of six
canons to wit: Independence, integrity,
impartiality, propriety, equality, and
competence and diligence. This is based on the
2002 Bangalore Draft, as amended, which was
intended to be the Universal Declaration of
Judicial Standards applicable in all judiciaries.
This New Code of Judicial conduct supersedes
the Canons of Judicial Ethics and the Code of
Judicial Conduct, but the latter may still apply in
a suppletory character in case of deficiency or
absence of provisions in the New Code.
(http://philippinecasedigests.blogspot.com/p/bac
kgrounder-new-code-of-judicial.html)
New Assignment
A restatement in greater detail and particularity
of a cause of action in a complaint which is
attacked for ambiguity or uncertainty.
New Deal
The term applied to the economic and social
policies of the Democratic Administration under
President Franklin D. Roosevelt of the United
States of America.
Newforold
In insurance law: The term used to justify
deductions made in substituting new materials
for old materials dam- aged by fire or other
cause of loss. It is often roughly estimated at
one-third of the cost of repairs.
Newly Discovered Evidence
(See New Trial)
New Matter
Statements of fact made in the course of a
litigation of the pleadings. If the new matter
makes a substantial change in the cause of
action, it must either be incorporated in the
pleadings by amendment, or disregarded.
Newspaper Of General Circulation Published
In The Province
One printed and not merely circulated. (Ramos
vs. Villaverde, 88 Phil. 651)
New Trial
A complete retrial of a case, after the dismissal
of a case either during the trial or within a fixed
time thereafter. A motion for a new trial is
generally made after a judge renders an adverse
judgment to the moving party. The grounds on
which it may be granted are determined either
by statute (e.g., the Code of Civil Procedure) or
by general practice. The commonest grounds are
misconduct of the opposing counsel or
prosecutor, error of law in charging the judge,
surprise which prevents a counsel or litigant
from sufficiently presenting his case, new
discovered evidence which the party could not
have found with reasonable diligence, or other
serious irregularity in the course of the trial.
A new invention to temper the severity of a
judgment or prevent the failure of justice. (Jose
vs. Court of Appeals, 70 SCRA 257)
For a new trial to be granted on the ground of
newly discovered evidence, it must be shown
that (a) the evidence was discovered after trial;
(b) such evidence could not have been
discovered and produced at the trial even with
the exercise of reasonable diligence; (c) the
evidence is material, not merely cumulative,
corroborative, or impeaching; and (d) it must go
to the merits as ought to produce a different
result if admit- ted. (Ibid.)
Next Friend
Any person who without official appointment or
designation appears in litigation on behalf of an
infant or any other person not sui juris. He may
be, but need not be, a close relative.
At common law: He is personally responsible
for costs.
Next General Election
The term' 'next general elections'' used in Section
3 of Republic Act. No. 5777 necessarily means
the very first general election following the
enactment. The more reasonable interpretation
is that the reference is to the general election for
local officials, since the offices to be filled are
local and not national in nature. (Yniguez vs.
Commission on Elections, 30 SCRA 328)
Next of Kin
Those most nearly related to the de- ceased by
blood.
Those persons who stand in the closest of
relationship by blood to any per- son. When the
term is used in a will, settlement or other private
transaction, the degree of blood-relationship
controls unless the contest shows a different
intention or purpose.
On intestacy: The next of kin are determined by
the Statute of Distribution or statutes of similar
intent, and gene- rally when the term is used
legally, it is the statutory next of kin that are
meant. The next of kin succeed to the personal
property of the deceased intestate, while the real
property went to the heir who might be the
same as the next of kin, or be included in that
designation. The husband or wife is generally
not included unless the statute so provides.
Within the meaning of Rule 96, Rules of Court,
are relatives whose relation- ship is such that
they are entitled to share in the estate as
distributees. (Lopez vs. Teodoro, 86 Phil. 499)
Not the next of kindred but those relatives who
share in the estate according to the statute of
distribution including those claiming per stirpse
or by representation. (Ibid.)
Niche
In building law: Interment space for cinerary
remains.
Niece
The female child of a brother or sister.
Nient
Fr. Not.
Nient Comprise
Fr. For ''not included.'' A defense formerly used
in a suit for recovery of land, alleging that the
land or part of it was not included in the deed.
Nient Culpable
Fr. For ''not guilty,'' the plea in crime or trespass.
Nient Dedire
Fr. For "Do not deny." In the old practice the
admission of the truth of an allegation.
Designation of suffering judgment by default.
Nient Le Fait
Fr. For "not the deed." In common law practice a
plea which denied the existence of a valid deed.
Night
The period between sunset and sun- rise.
Certain crimes are treated as more severely
punishable if committed at night.
From sunset to sunrise. (Article 13, Civil Code)
Nihil
Or nil: Lat. Nothing. Also sometimes written
''nichil, '' which is pronounced in the same way.
Nihil Ad Rem
Lat. Nothing to the point, i.e., irrelevant.
Nihil Capiat Per Billam
Lat. Let him take nothing by his bill. The form
used in dismissing a petition in equity.
Nihil Capeat Per Breve
Lat. Let him take nothing by his writ. The term
used in the older law to describe a judgment
dismissing a common law action and giving
judgment for defendant.
Nihil Debit
Lat. Not indebted.
He owes nothing. The plea in an action of debt
or on a specialty, when the deed or specialty
embodying the con- tract is the sole ground of
the action.
Nihil Dicit
Lat. He says nothing. The fonn used in granting
judgment by default when the defendant has
failed to plead, or has filed an obviously
insufficient plea which raises no issue.
Nihil Habet
Lat. He has nothing. The return made by the
sheriff when he has been unable to serve a writ
of execution on a judgment debtor.
contained the particulars of the claim, and after
the trial, the post-trial and the judgment.
Courts of First Instance now Regional Trial
Courts.
No Award
A plea denying that the award sued upon was
made.
No Build Zones

Nffiil Habuit In Tenements The easement areas defined by the Water Code,
Civil Code and Revised Forestry Code of the
Lat. He has no interest in the tenements. Philippines excluding areas for critical
government infrastructure in support of
Nihil Iniquius Quam Aequitatem Nimis economic development (i.e., ports, fish landings,
Intendere etc.). Joint DENR-DILG-DND-DPWH-DOST
Memorandum Circular No. 2014-01
Lat. Nothing is more unfair than to stretch Nocturnity
equity too far. Nighttime; of, done, or happening in the night.
In criminal law: Nocturnity is aggravating when
Nihil Magis Justum Est Quam Quod it is purposely and deliberately sought by the
Necessarium Est accused to facilitate the commission of the crime.
(People vs. Apduhan, 24 SCRA 801)
Lat. Nothing is more just that which is
necessary. Nolens Volens

Nihil Quod Est Contra Ratio- Nem Est Lat. Willing unwilling. A common expression
Licitum equivalent to ''whether with or without the
consent of the person affected. '
Lat. Nothing is lawful which is con- trary to
reason. Nolle Prosequi

Nil Frustra Agit Lex Lat. Plaintiff is unwilling to prose- cute.

Lat. The law does nothing in vain.
Nisi Prius
Lat. Unless before.
A term used today as a general designation of
civil causes tried before a judge.
Tbe ''nisi prius record'' was the com- mission
delivered to the judge to try the case. It
To refuse to prosecute. The formal entry on the
record of a case (now gene-rally, a criminal case)
that the prosecutor has determined not to
continue it. It results in a dismissal of the
accused or information and the dismissal of the
defendant, but it is not an acquittal and is no bar
to a subsequent prosecution for the same
offense. A nolle prosequi may be entered by the
prosecution if there is insufficient evidence to
obtain a conviction or other reason why the
proceedings should be continued.

An entry on the record by which the prosecutor
or plaintiff declares that he will proceed no
further with the case. This term is applicable to
both criminal and civil cases, but is not
commonly used in the latter. If a judge is
impanel- ed a nolle prosequi cannot be entered
without the consent of the defendant. Usually
the prosecuting officer may enter it at his
discretion, but in some jurisdictions leave of
court must be obtained. It may be entered as to
one defendant and not another. It does not
operate as an acquittal, for the party may be
again charged. In a civil suit a nolle prosequi
does not ordinarily prevent another suit for the
same cause of action.
Nolo Contendere
Lat. I do not wish to contend.
A plea in a criminal case in which the defendant
says he will not contest the case against him. It
has the same effect as a plea of guilty.
A plea in a criminal action by which the
defendant announces his intention not to defend
the action. It is practically equivalent to a plea of
"guilty" and judgment can be entered against the
defendant and sentence imposed. Generally, the
plea is made in the expectation of a lighter
sentence or of probation, but there is no
obligation on the court to reduce the sentence.
While the plea of nolo contendere is practically
equivalent to "guilty," there is this difference
that it will not. count as a previous conviction,
when cumulative punishment is provided by
law for several convictions for felony.
Nol. Pros.
Abbreviation for nolle prosequi. The
abbreviation is so frequently used that a verb "to
nol-pros" is colloquially used.
Nomen Collectivum
Lat. A collective name. A designation covering a
class or group of persons.
Nomen Generalissimum
Lat. A most general or universal name, as a
genus or species.
Nominal Damages
Nominal Damages are recoverable where
a legal right is technically violated and must be
vindicated against an invasion that has
produced no actual present loss of any kind or
where there has been a breach of contract and no
substantial injury or actual damages whatsoever
have been or can be shown. One Network Rural
Bank vs. Baric, 718 SCRA 169; Locsin vs. Hizon,
735 SCRA 547 [2014]
In fixing the amount of nominal damages
whose determination is addressed to our sound
discretion, the Court should take into account
several factors surrounding the case, such as: (1)
the employers financial, medical, and/or moral
assistance to the sick employee; (2) the flexibility
and leeway that the employer allowed the sick
employee in performing his duties while
attending to his medical needs; (3) the
employers grant of other termination benefits in
favor of the employee; and (4) whether there
was a bona fide attempt on the part of the
employer to comply with the twin-notice
requirement as opposed to giving a notice at all.
A trifling sum awarded as damages by a judge,
where a breach of contract or the commission of
a tort is proved but not substantial injury has
been sustained. The award establishes the right,
but in many jurisdictions does not carry costs.
Damages recoverable by the plaintiff for the
vindication of his right violated or invaded by
the defendant. (Article 2221, Civil Code)
Concept and purpose: Nominal dam- ages are
for purposes of vindication of right and not to
indemnify for any loss suffered. There are
instances when the vindication or recognition of
the plain- tiff's right is of the utmost importance
to him as in the case of trespass upon real
property. The awarding of dam- ages does not
therefore run counter to the. maxim de minimis
non curat lex. However, nominal damages
cannot co- exist with compensatory damages
and since the court has already awarded
compensatory and exemplary damages that are
in themselves a judicial recognition that
plaintiff's right was violated, the award of
nominal damages is un- necessary and
improper.
Court discretion: The assessment of nominal
damages is left to the discretion of the court,
according to the circumstances of the case.
(Ventanilla vs. Centeno, 1SCRA 215)
Nominal Partner
A person who permits his name to be used in
the partnership style as a partner, although he
has no interest in the business. He is liable as an
ostensible partner to all those who do not know
the facts.
Nominal Plaintiff
The plaintiff who appears as a plaintiff in an
action, although the real interest is in someone
else. In jurisdictions which do not permit the
assignee of a chose in action to sue in his own
name, the assignor will be the nominal plain-
tiff, if suit is brought.
Nominate
To present for election to public office. This is at
present done by formal vote of the contention of
a party, or by some group which under the
statute has the right to make such presentation.
To present for election to an office of some
private association under the constitution of the
association or the rules of parliamentary
procedure.
A term used to indicate that a con- tract or tort is
one of a known class which have a special name
and special characteristics.
At Roman law: It was used to designate the four
classes of contracts, i.e., real, literal, verbal and
consensual, into which most contracts fall.
At common law: It is used chiefly to designate
the long-established classes of tortious actions,
like nuisance, negligence, libel, assault, etc.
Nomination
The act or the result of nominating.
Nomine Poenae
J....at. Under the name of a penalty. Use of
additional rent provided as a penalty if
conditions of the lease are not performed.
Nominee
In its most common signification, the term
nominee refers to one who is designated to act
for another usually in a limited way. Philippine
Coconut Producers Federation (COCOFED) vs.
Republic, 663 SCRA 514 [2012]
Non
Lat. No; not; no way.
Non Acceptavit
Lat. He did not accept. The defense in a common
law action against the drawee of a bill of
exchange who denies accepting it.
Non-Access
The technical term to denote the fact that
husband and wife, not legally separated, did not
have sexual inter- course. Evidence of non-
access was not admitted in England unless the
husband was ''beyond the four seas,'' while the
wife remained in England. The rules in this
matter are somewhat relaxed in American and
Philippine jurisdictions, but non-access may
generally be proved, unless the parties were
living together.
Non-Age
The condition of a minor or infant. Not of full
age, infancy.
Non-Apparent Easements
Those which show no external indication of their
existence. (Article 615, Civil Code)
Examples: Non-apparent easement is like a
party wall (Article 659, Civil Code) which has no
existence sign.
Non-Assessable Stock
In corporation law: It has been legally issued by
a corporation as fully paid for and upon which
has no assessment can be made by the
corporation. Non-par value shares of stock once
issued are considered as non-assessable.
Non-Assumpsit
Lat. The plea in the action of special assumpsit
which deni s that a promise was made.
Non Assumpsit Infra Sex Annos
Lat. He did not undertake within six years. The
plea in the common law ac- tion of assumpsit
which raises the de- fense of the statute of
limitations.
Non Cepit
Lat. He did not take. The plea in the action of
replevin.
Non Claim
The failure or neglect to assert a claim or right.
Failure to assert a right when a fine was levied,
with the result that the claim was barred.
Non-Conforming Building
In building law: A building which does not
conform with the regulations of the district
where it is situated as to height, yard
requirement, lot area, and percentage of
occupancy.
Non-Conforming Use
In building law: The use of a building or land or
any portion of such building or land which does
not conform with the use and regulations of the
zone where it is situated.
Non -Conformist
A person who dissented from the NON
COMPOS MENTIS
Lat. Not of sound mind or memory. Mentally
incompetent.
Not in possession of his full mental faculties. An
incompetent.
Non Concessit
Lat. He did not grant. The plea by which a
defendant who is not a party to a grant denies
that a grant was made.
Non Constat
Lat. It does not appear; the conclu- sion does not
follow.
It is not clear, or, it is not estab- lished. A phrase
used to indicate that a situation might be
present, which would invalidate an argument
offered.

Non Constittit
Lat. It was not clear. It was not evid- ent. Used
when a principal died before attainder of felony.
The accessory could not be tried because it was
not evident that the principal would be attained.
forms of the Church of England.
Non Damnificatus
Lat. Not injured. The plea used by an
indemnitor on a bond in a common law action of
debt, in denying that the loss occurred which
was the condition of the bond.
Non Decimando, De
Lat. For not paying tithes.
In English ecclesiastical law: A pres- cription
which frees a person from paying tithes.
Non Demisit
Lat. He did not demise. A plea in the common
law action for recovery of rents which denies the
existence of the lease.
Non Detinet
Lat. He does not hold. A plea in the common
law action for detinet.
Non-Diminution of Benefits Principle
The Non-Diminution Rule found in Article 100
of the Labor Code explicitly prohibits employers
from eliminating or reducing the benefits
received by their employees. This rule, however,
applies only if the benefit is based on an express
policy, a written contract, or has ripened into a
practice. Wesleyan University-Philippines
Faculty and Staff Association, 718 SCRA 601.
Article 113 of the Labor Code provides that no
employer, in his own behalf or in behalf of any
person, shall make any deduction from the
wages of his employees, except in cases where
the employer is authorized by law or regulations
issued by the Secretary of Labor and
Employment, among others. Bluer Than Blue
Joint Ventures Company/Mary Ann Dela Vega
vs. Esteban, 720 SCRA 765. (2014)
Non Distringendo, De
Lat. A writ to prevent distraint.
None Effect
Void.
Non Est Factum
Lat. I did not make the instrument.
It was not made. A plea in an action denying
that the deed or other specialty is the
defendant's deed.
Non Est Inventus
Lat. He is not found; the failure of the plaintiff to
proceed his action.
He has not been found. The sheriff's return to
the effect that the person upon whom he was
directed to serve a writ, has not been found
within the bailiwick.
Non Feasance
Failure to perform a duty.
Non Fecit
Lat. He didnot make it. A plea in a common law
action or. a promisory note.
Non-Impairment Clause
The non-impairment clause is contained in
Section 10, Article III of the Constitution, which
provides that no law impairing the obligation of
contracts shall be passed. The non-impairment
clause is limited in application to laws that
derogate from prior acts or contracts by
enlarging, abridging or in any manner changing
the intention of the parties. There is impairment
if a subsequent law changes the terms of a
contract between the parties, imposes new
conditions, dispenses with those agreed upon or
withdraws remedies for the enforcement of the
rights of the parties.
(https://bataspinoy.wordpress.com/quotations/n
on-impairment-clause/)
Non Impedivit
Lat. He has not hinder3d. A plea in the common
law action of quare impedit.
Non Infregit Conventionem
Lat. He has not broken the agreement. A plea in
the common law action of covenant, denying the
breach of the contract.
Non-Interference, Doctrine of
Courts of equal and coordinate jurisdiction
cannot interfere with each others orders.
The principle also bars a court from reviewing
or interfering with the judgment of a co-equal
court over which it has no appellate jurisdiction
or power of review.
Thus, the RTC has no power to nullify or enjoin
the enforcement of a writ of possession issued
by another RTC.
As a general rule, No court has the authority to
interfere by injunction with the judgment of
another court of coordinate jurisdiction or to
pass upon or scrutinize and much less declare as
unjust a judgment of another court. However,
the doctrine does not apply where a third party
claimant is involved (Santos v. Bayhon, G.R. No.
88643, July 23, 1991).
This doctrine applies with equal force to
administrative bodies. When the law provides
for an appeal from the decision of an
administrative body to the SC or CA, it means
that such body is co- equal with the RTC in
terms of rank and stature, and logically beyond
the control of the latter.
(http://www.prohealthlaw.com/2015/01/doctrine
-of-non-interference-or.html)
Non-Intromittant Clause
The clause in the charter of a borough,
exempting the borough from the jurisdiction of
the justices of the peace.
Non-Issuable
A term applied to pleas upon which a decision
may be made which will not determine the
merits, i.e., a plea in abatement.
Non-Joinder
A failure to join a party necessary as plaintiff or
defendant.
At the older common law: The failure to join a
party resulted in a dismissal. It may now
generally be cured by amend- ment.
Non-Liquet
Lat. It is not clear.
At the Roman law: A statement of one of the
panel of judges, that it was not clear how the
judgment was to be made. It was not a judgment
but a refusal to render one.
Doctrine of: Literally means it is not clear. In a
Roman trial in the early days when the rights of
the parties in a case were not clear, the judges
would relieve themselves of the necessity of
deciding it by pronouncing a non liquet, i.e., it is
not clear.
In some national legal system at pre- sent there
is a principle that no judge or court shall decline
to render judgment by reason of the silence,
obscurity or in- sufficiency of the laws.
In international law: There are writers who
maintain that there are no cases where an
international tribunal is compelled to declare a
non liquet because there are in fact no gaps in
Inter- national Law.

Non-Metallic Deposits
All other deposits not covered by the ''metallic
deposits.'' (Section 18, Pre- sidential Decree No.
464.)
NON-NEGOTIABLE BILL OF LADING
In code of commerce: One in which it is stated
that the goods will be deli- vered to a specified
person named therein. This is also known as a
straight bill of lading.
Non-negotiable Warehouse Receipt
One in which it is stated that the goods received
will be delivered to the depositor, or to any
other specified person.
Non Obstante
Lat. Notwithstanding. A term used in a writ or a
grant of privilege by the crown, authorizing an
act in spite of any existing law to the contrary.
Non-Obstante Veredic'i,O
Lat. Notwithstanding the verdict. A motion for
judgment after a jury trial which disregards an
adverse verdict of a jury. It will be granted only
under the most convincing evidence that the
verdict cannot be sustained.
Nonomittas
Lat. Do not fail. A clause in a process issued to a
sheriff, authorizing him to disregard a privilege
or liberty in executing the writ.
Non-Pioneer Enterprise
In omnibus investments law: All registered
producer enterprises other than pioneer
enterprises. (Art. 17, P.D. 1789, Omnibus
Investments Code)
Non Plevin
Default in replevying.
Non Prosequitur
Lat. He does not pursue; the failure of the
plaintiff to proceed his action. He has not
proceeded. An entry by the defendant that the
plaintiff has not continued his action.
Abbreviated "non-pros."
Non-Quota Immigrant
An immigrant who is not subject to ordinary
quota limitations, as a lawfully admitted alien
who returns to this country after a short trip
abroad, a bona fide student, the wife of a
resident citizen, an unmarried child of a resident
citizen, when such child is under eighteen years
of age.
Non-Residence
The fact of not residing in a particular
jurisdiction. It is an important fact in
determining whether a writ of attachment may
issue.
The non-residence of an incumbent in the parish
of which he is the spiritual head is an offense
which may result in ecclesiastical penalties.
In corporation law: Non-residence indicates that
the corporation does not have its principal place
of business in the country in which it is
incorporated.
Non Sequitur
Lat. It does not follow.
The statement that a proposed conclusion does
not follow from the premises announced. It is
commonly used of any logical fallacy, although
technically it applies to only one.
Non-Stock Corporation
In corporation law: A non-stock corporation is
one where no part of its in- come is distributable
as dividends to its members, trustees, or officers,
subject to the provisions of the Code on
dissolution. (Sec. 87, Corporation Code of the
Philippines)
Non-stock corporations may be formed or
organized for charitable, religious, educational,
professional. cultural, fraternal, literary,
scientific, social, civic, service, or similar
purposes; like trade, industry, agricultural and
like chambers, or any combination thereof,
subject to the special provisions governing
particular classes of non-stock corporations.
(Sec. 88, Corporation Code of the Philippines.)
Non Sub Homine Sed Sub Lege
Lat. Not under man but under law. A well-
recognized principle of democracies. Cf. "a
government of laws, not of men.''
Non Sui Juris
Lat. Without capacity to manage his own affairs.
Non-Suit
A judgment against a plaintiff for failure to
appear, or for a technical failure to prove his
case. A non-suit is not a judgment on the merits
and is not res judicata on the issues raised. The
plain- tiff may thereafter renew his action.
A judgment of voluntary non-suit occurs where
the plaintiff abandons his cause and allows a
judgment for costs to be entered against him. An
involuntary non-suit takes place where the
plaintiff fails to appear when his case is called
for trial or where he has given no evidence on
which the judge could find a guilt in his favor.
Neither kind of non-suit prevents another action
for the same cause.
The name of a judgment given against the
plaintiff when he is unable to prove a case, or
when he refuses or neglects to proceed to the
trial of the case after it has been put at issue
with- out determining such issue. (Yeo Boon
Kag vs. Tantuico, Jr., CA-G.R. No.
43405-R, January 14, 1970)
Non Sum Informatus
Lat. I have not been instructed. The technical
answer of a defendant's attor- ney when a
judgment is entered against his client under a
warrant of attorney.
Non Tenuit
Lat. He did not hold.
Non-Tenure
A plea in a real action at the older common law
in which the defendant denied that he held the
land.
Non-User
Ceasing to exercise a right. Any right can be
acquired by user, can be lost by non-user.
Non-Voting Stock
In corporation law: Stock without right to vote
and this type of stock is normally issued as
''preferred'' or ''redeemable" shares (Art. 6,
Corporation Code of the Philippines).
Non Vult Contendere
Lat. At common law: A plea in a criminal
prosecution that the accused will not contend. It
may be equivalent to a plea of guilty but may
imply that the accused is unable to offer a
defense.

Noscitur A Sociis
Lat. The. meaning of a doubtful word may be
ascertained by reference to the meaning of
words associated with it.
Literally. means it is known from its associates,
expresses a rule of statutory construction similar
to ejusdem generis.
No-State's Land
In International law: ''Territory which i ;;. the
land of no state" writes Kelsen in his Principle of
Internationa Law 36, "has a legal status similar
to that of the open sea, insofar as on this
territory every state may exercise its le- gal
power in the same way as on its own territory,
that is, the territory within its own boundaries."
However, while the open sea may not be
appropriated, no- state's land can be acquired by
any State through occupation in accordance with
International Law.
Nota Bene
Lat. Note well.
Take notice; note well. Abbreviated "N.B."
Notarial Law
The party acknowledging must appear before
the notary public or any other person authorized
to take acknowledgements of instruments or
documents. Ang vs Gupana, 715 SCRA 319.
(2014)
Notarial Practice, 2004 Rules On
The 2004 Rules on Notarial Practice shall be
applied and construed to advance the following
purposes: (a) to promote, serve, and protect
public interest; (b) to simplify, clarify, and
modernize the rules governing notaries public;
and (c) to foster ethical conduct among notaries
public.
Rule IV, Section 2, paragraph (b) of the 2004
Rules on Notarial Practice prohibits a notary
public from notarizing documents if the
signatory is not personally known to him. Tupal
vs. Rojo, 717 SCRA 236. (2014)
Notarize
To take acknowledgments, affidavits or
depositions, authenticate documents, as a notary
public; to swear or affirm to, before a notary.
Notarized Documents
As a notarize document, the deed
carried the evidentiary weight conferred upon it
with respect to its due execution, and had in its
favor the presumption of regularity.
Metropolitan Fabrics, Inc. vs. Prosperity Credit
Resources, Inc., 719 SCRA 260. (2014)
Notary Public
The party acknowledging must appear before
the notary public or any other person authorized
to take acknowledgments of instruments or
documents. Ang vs. Gupana, 715 SCRA 319.
A notary public should not notarize a
document unless the persons who signed the
same are the very same persons who executed
and personally appeared before him to attest to
the contents and truth of what are stated therein.
Talisic vs. Rinen, 716 SCRA 1; De Jesus vs.
Sanchez-Malit, 729 SCRA 272; Mahilum vs.
Lezama, 731 SCRA 204.
One whose duties generally are to protect bills
of exchange, authenticate and certify copies of
documents and take acknowledgments of deeds
and other instruments administer oaths, etc. The
acts of a notary are respected by the custom of
merchants and the law of nations. Their protest
of a bill of ex- change is received as evidence in
the courts of all civilized countries. Except in
cases of protest of bills, the signature of a notary
to an instrument going to a foreign country
should be authenticated by the consul or
representative of that country.
A notary is a public officer whose duty is to
attest the genuineness of any deed or writing in
order to render them available as evidence of the
facts there- in contained.
He is a public functionary, authorized to receive
all acts and contracts to which parties wish to
give the character of authenticity, attached to
the act of public authority, to secure their date,
their preservation and the delivery of copies.
Notary Public Ex Officio
A judge or public officer who has statutory
authority to act as notary ex officio, notarizing
only documents connected with the exercise of
his official duties. Fees collected by a judge or
public officer acting as ex officio notary accrue
to the government funds. (Borre vs. Moya, 100
SCRA 314)
Note
A term used for the longer expression,
"promissory note," the commonest kind of
commercial paper. If it fulfills certain
requirements, it is negotiable, but non-
negotiable notes are also in frequent use. The
word is often used as a short expression for
''note of hand'' and ''bank note.''
An abstract of the particulars used as part of the
old system of conveyance by fine.
Memorandum made by a judge or other official
in the course of a legal proceeding.
Memorandum made by private per- sons in the
course of their affairs which may be consulted
by them to refresh their memories, when giving
testimony in a trial.
Note of a fine: The memorandum of a fine
before it was engrossed.
Note of allowance: A memorandum of error of
law, which either party may sign.
Note of hand: A popular reference to a
promisory note or other signed ac-
knowledgment of debt, such as an I.O.U.
Note of issue: A legal paper which is served and
filed after --issue is joined, having for its
purpose the placing of the action on the calendar
for trial.
Noted
The word ''noted'' simply meant that the
members of the Board of Commissioners had
taken cognizance of the existence of the decision
of the Board of Special Inquiry No. 1, dated
September 11,-1961; that a mere notation does
not constitute an exercise of its powers of
review, motu proprio pursuant to Section 27(b)
of Commonwealth Act No. 613, as amended;
and that a decision of the Board of
Commissioners, requires a judicious review and
deliberation by said Board as a body, of the
proceedings, the evidence and the law involved,
the formulation of findings of facts and
conclusion of law. (Sichangco vs. Board of
Commissioners of Immigration, 94 SCRA 61)
Note Diplomatique
This note is a formal communication addressed
by the head of one Foreign Office to that of
another. It is, however, presented by the
diplomatic representative of the sending
government.
Note, Rejection of
In diplomatic parlance: It is some- times
reported that a diplomatic note of a government
has been "rejected" by the Foreign Office to
which it was ad- dressed when what actually
took place was that the latter disagreed with the
contentions or turned down the claims,
contained in such note. Authorities caution
against the use of the phrase ''rejection of a note''
in such sense, for, strictly speaking' a note is
rejected when the addressee refuses to receive it
or physically returns the document. This seldom
happens as it is regarded as a serious slap to the
sender and his Government. It has been resorted
to where the language of the note was offensive
or where the act constituted a gross interference
in the internal affairs of the receiving State.
Noted
The term noted means that the Court
has merely taken cognizance of the existence of
an act or declaration, without exercising a
judicious deliberation or rendering a decision on
the matter - it does not imply agreement or
approval. Sebastian vs. Bajar, 532 SCRA 435
[2007]
Not Guilty
The plea in the common law action of trespass
which traversed the allegations of the
declaration and presented an issue to be tried.
A plea in a criminal action, upon arraignment. In
many jurisdictions, incapital cases, it is
automatically entered, even if the accused has
confessed and is willing to be sentenced.
Notice
Information or knowledge by what- ever means
communicated. Actual no- tice is such
information that can be shown to have reached
the person to be notified. "Constructive" notice is
no- tice presumed by law to have been
communicated when certain acts are done. This
is particularly the case when there is a
registration law which permits the recording of
a deed, a mortgage or a lis pendens.
Actual notice exists where knowledge is brought
home to the party to be effected by it;
constructive notice where the party by any
circumstances what- ever is put upon inquiry; or
where certain acts have been done which the
party interested is legally presumed to have
knowledge of on the ground of public policy, as
in case of a recorded deed or mortgage or the
entry and indexing of a judgment or an
advertisement in a newspaper authorized by
law as a means of giving notice. Such notice is
usually as binding upon the party affected as
actual notice, actual notice being in many cases
impracticable.
Constructive notice of public acts of government
and of suit pending.
In case of a motion, it should be served by the
applicant, to all parties concerned at least three
(3) days before the hearing thereof, together
with a copy of the motion. (Rule 15, Sec. 4,
Revised Rules of Court.
Notice to an agent is, in general, no- tice to the
principal. In some cases no- tice is necessary
before bringing a suit, as in case of an endorser
of a note who cannot be held liable unless he is
promptly notified of a failure of the drawer to
pay at maturity. Whenever the defendant's
liability to perform an act depends upon another
occurrence, which is best known to the plaintiff
and of which the defendant is not legally bound
to take notice, the plaintiff must prove that due
notice was in fact given. Except where expressly
designated by law notice may be written or oral,
but written notice is generally preferable as
making it easier and more exact.
Notice, Averment of
An allegation in a pleading that required notice
has been given.
Notice, Judicial
The act of a judge in taking note of certain facts
and circumstances without requiring evidence
to be presented. The things of which a court may
or will take judicial notice generally enumerated
in the Rules of Court, but in most instances they
are the same as those which the courts would
have noted judicially without such statutory
authority. Courts will take judicial notice of
general statutes, of the divisions of the country
into States, etc., of the time of the rising and
setting of the moon and sun, of the fact that
certain diseases are contagious, of the rules of
common law, of the existence of a revolution,
during Spanish period, etc. The specific matters
which are of judicial notice are enumerated in
Rule 129, Section 1 of the Revised Rules of
Court.
Notice of Delinquency
Under Section 65, Notice of delinquency in the
payment of the real property tax. Upon the real
property tax or any installment thereof
becoming delinquent, the provincial or city
treasurer shall immediately cause notice of the
fact to be posted at the main entrance of the
provincial building and of all municipal
buildings or municipal or city hall and in a
public and conspicuous place in each barrio of
the municipality of the province or city as the
case may be. The notice of delinquency shall also
be published once a week for three consecutive
weeks, in a newspaper of general circulation in
the province or city, if any there be, and
announced by a crier at the market place for at
least three market days. Presidential Decree No.
464
Notice of Dishonor
In negotiable instruments law: The bringing,
either orally or in writing, to the knowledge of
the drawer or the indorser of an instrument, the
fact that a specified negotiable instrument, upon
proper proceedings taken, has not been
accepted, or has not been paid, and that the
party notified is expected to pay it.
Reason: Notice of dishonor is necessary in order
that the right of action by the holder against an
indorser may accrue. Such notice of dishonor
cannot be dispensed with even if presentment is
excused.
When notice of dishonor is given: No- tice of
dishonor can be given only after actual dishonor
of the instrument. So that a notice given before
the instrument is due based on the holder's
knowledge that the maker will not pay the
instrument at its maturity is pre- mature and
insufficient. However, a no- tice given earlier
that is required by law provided it is not
prematurely made, is sufficient notice.
The proper time within which notice must be
given is provided for in Sections 103, 104 and
107, Negotiable Instruments Law.
The notice to a person secondarily liable on
commercial paper, like a drawer or indorser,
that the person primarily liable has, on demand
on the due date, faned to pay it. If such notice is
not given within a reasonably prompt time, the
person secondarily liable IS charged.
A notice given to a drawer or indorser of a bill of
exchange that it has not been accepted, or to an
endorser of a negotiable note or accepted bill
that it has not been paid, the notice being given
by a subsequent party on the note or bill or by
the holder thereof. It must contain a description
of the note or bill sufficient to leave no
reasonable doubt in the mind of the endorser
which note is meant. The fact of non-payment
must be clearly and explicitly set forth.
A waiver of notice or of demand and notice by a
party to the note will be binding upon him, but a
waiver of no- tice of dishonor will not operate as
a waiver of demand. Where an endorser makes a
general assignment for the benefit of creditors,
notice to the as- signee will be sufficient. The
decisions, however, are somewhat contradictory
on this point, and the safe course would be to
notify both assignor and assignee.
The notice is generally in writing but may be
oral. It may be sent by mail, at least where the
party to be notified does not live in the same
town, or it may be left in the clue of a suitable
person re- presenting the party to be notified. It
should be sent to the place where it will most
probably find the person to be notified most
promptly. Either the party's domicil or his place
of business will do. Notice to partners may be
left at the place of business of the firm or with
anyone of the partners. Every person is entitled
to an immediate notice who is liable upon
dishonor of the note or bill, but the holder need
give notice only to the parties and to the
endorser or endorsers whom he intends to hold
liable. The notice may be given by the holder's
agents, or by an endorsee who holds it for
collection only, by a notary public or by an.
Administrator or executor of a de- ceased
person.
Omission to give notice will be excused where
impossible, but great diligence to give it is
requisite. An endorser receiving a notice if he
would hold prior endorsers .liable to him must
in tum give them notice, and in doing so must
exercise' the same diligence and promptness as
is required in giving him notice. The holder. or
an endorser already fixed by notice may give
notice.to
any or all others and this will sure to
the benefit of all. . .
Unles . <_>the wis . fe l&ted QY sta- tute,,notes
fEJllmg du.e onSunda:ys and legal' holidays are
considered as falling due next succeeding
days, except where days of grace are allowed,
when it is considered as coming due the day
before the last day of grace.
If the holder, even after notice given, makes a
binding agreement, that is, one for consideration
or by writing under seal, with the acceptor of a
bill of exchange or maker of a promisory note to
delay collection or payment, the endorser will be
relieved.
If a note is payable in installments prompt notice
should be given of non-payment of each
installment as it comes due, but failure to give
as to any installment will not bar the right to
give proper notice as to subsequent installments,
and thereby to hold the party to the payment of
the same.
If the holder fails to give legal notice to the
endorser, but if the endorser afterwards
promises to pay the holder, he will still be
bound. A notice that demand was made on
some other day than the day the note or bill
came due or is to come due, is insufficient, even
if the demand was in fact made on the right day,
unless the circumstances connected with the
notice or the service are such as to reveal to the
property that there is a mistake and to put upon
him the duty to investigate and ascertain the
truth.
Notice of Hearing
Under Section 5 of Rules of Court, The notice of
hearing shall be addressed to all parties
concerned, and shall specify the time and date of
the hearing which must not be later than ten (10)
days after the filing of the motion.
Notice of Motion
A written notice given by one attorney to
another of the making of- a motion, setting forth
the place where, and the time of day and data
when the motion will be made returnable. When
given orally in open court as to tbe denial of a
motion, it is not sufficient and does not
constitute service under Rule 27 of the Rules of
Court. (Pineda vs. Veloria, _2 SCRA 741)
Notice of Protest
When protest of commercial paper is necessary'
the notarial certificate of protest must be sent to
the person accordingly liable.
Notice of Trial
A written notification that a pending action will
be brought on for trial at a stated time. It is
considered to be reset by the Clerk of Court
upon the parties upon entry of a case in the trial
calendar. (Rule 22, Sec. 2, Revised Rules of
Court.
Notice to Plead

A written notice demanding that the party to
whom it is addressed shall, within a specified
time, serve or file a pleading.
Notice to Produce
Notice to a litigant to produce a document
which the other side alleges is in his possession
and which they wish to put in evidence. Failure
to produce it will justify secondary evidence of
its contents.
Notice to Quit
Notice given by a landlord to a tenant in
accordance with the terms of the lease requiring
him to vacate the premises at a fixed time. It is
often regulated by statute. Generally, it must be
in writing.
The notice from a landlord to his ten- ant to quit
the premises leased and give possession of the
same to him to the end of the term of lease. The
notice to quit should describe the premises with
sufficient particularity to identify them with
certainty and should mention a day certain for
the delivery, and generally when the lease is for
a year, or years, or from year to year, the day
mentioned should be same day of the year on
which the lease commenced. If there is doubt as
to the time when the lease will expire it is proper
to mention a particular day and add thereto ''or
at the expiration of the current year of your
tenancy.''
The notice should be dated, signed by the
landlord himself or a duly authorized agent in
his name and addressed to the tenant. It should
not refer to part of the premises only and it
should be certain and decisive. If ambiguous or
optional it will be invalid. Though not
absolutely necessary it should nevertheless be in
writing, and there should be two copies made
and both examined, compared and attested by
witnesses so that they may know that they are
precisely alike, and to make the proof of service
more certain it is best that the witnesses be
present when the one copy is handed to the
tenant, the other copy being retained and
marked by the wit- nesses so that they can
afterward identify it.
The notice must be given to the ten- ant and
served by the landlord or his agent duly
authorized, but in the latter case it is sufficient if
the agent's authority be afterwards recognized,
and the notice must be given to the tenant of the
party giving the notice whether part or all of the
premises is subject or as- signed a note, unless
the lessor has re- cognized the subtenant as his
tenant. If there are two or more general lessees
the notice should be addressed to all, but if
served only upon one it will be a good notice
though it would be better practice to serve a
copy upon each if possible.
At common law: A notice must be served at least
six months before the end of the term, but this
has been for the most part changed by statute
and three months' notice is now required in
many places. If the tenant on delivery of the
notice assents to the terms of it, he will thereby
waive any irregularity as to the period of
expiration of the lease.
If the landlord accepts or distrains or sues for
rent accruing after the time for quitting under
the notice has expired, it will operate as a waiver
of the notice, and a recognition of a renewal of
the tenancy, unless there are facts or
circumstances connected with such acceptance
showing a contrary intent, such as an express
declaration at the time that the notice is not
intended to be waived and if the money is not
received and paid as rent the notice re- main in
force.
Notification
In international law: The formal announcement
to other States regarding certain facts of legal
significance. Notification is obligatory when it is
required by law or treaty as in the case of the
outbreak of war, or of a blockade. It is voluntary
when it is discretionary on the part of the
notifying State as in the case of a change in its
headship or form of Government.
Noting Protest of Bill
The notation by a notary on a bill of exchange
showing that it was dishonored and the
circumstances attending non-payment.
Notorious
A term applied to things so well known that
they can be referred to with- out proof. Judges
will take judicial no- tice of notorious facts.
In criminal law: Approximately equivalent to
''flagrant.'' Often found in the combination
open and notorwus.
Notorious Negligence
As used in Section 4 of the Work- men's
Compensation Act, the term is tantamount to
''gross negligence,'' which means want of even
slight care and diligence or such entire want of
care as to indicate complete indiffer- ence to
danger and reckless disregard for safety.
(Amedo vs. Rio y Olabar- rieta, Inc., L-6870,
May 24, 1954)
Since ''notorious negligence'' as used in the
Workmen's Compensation Act, means
"conscious indifference to consequences,''
''pursuing a course of conduct which would
naturally and probably result in injury'' or ''utter
disregard of consequences,'' the mere taking or
accepting of a free ride on an employer's truck is
not within the intendment, no particular danger
or risk being apparent. (Marinduque Iron Mines
Agents, Inc. vs. Workmen's Compensation
Commission, 53 0.G. 5611)
Notorious Possession
Such possession of real property as is open and
obvious, and which may lead to the acquisition
of title by adverse possession.
Nova Customa
Lat. New duties or customs.
Novae Narrationes
Lat. New pleadings.
Novation
Concept of: Novation is the extinguishment of
an obligation by the substitution or change of
the obligation by a subsequent one which
extinguishes or modifies the first, either by
changing the object or principal conditions, or
by substituting the person of the debtor or by
subrogating a third person in the rights of the
creditor. Unlike other modes of extinction of
obligations, novation is a judicial act of dual
function in that at the time it extinguishes an
obligation it creates a new one in lieu of the old.
The substitution is not merely of a new paper or
instrument, but of a new obligation in lieu of an
old one, the ef- feet of which is to extinguish the
old. It does not operate as an absolute but only
as a relative extinction.
Classifications: 1. As to its nature:
(a)subjective or personal; (b) objective or real;
and (c) mixed. Subjective or personal novation is
the modification of the obligation by the change
of subject; it is passive if there is a substitution of
the debtor, and it is active when a third person is
subrogated in the rights of the creditor.
Objective or real novation is the change of the
obligation by substituting the object with
another or changing the principal conditions.
The novation is mixed when there is a
combination of the subjective and objective
novation.
2.As to form: (a) express, and (b) implied. It is
express when the parties declare that the old
obligation is extinguished and substituted by the
new obligation. It is implied when there is such
an incompatibility between the old and the new
obligations that they cannot stand together.
3.As to effect: (a) partial, and (b) total. There is
partial novation when there is only a
modification or change in some principal
conditions of the obligation. It is total, when the
old obligation is completely extinguished.
Requisites: Between the civil and the common
law, with reference to the extinguishment of the
obligation by novation, there seems to be no
difference. Under both systems, in order to
extinguish one obligation by the creation of
another, the extinguishment must be made to
clearly appear. In every novation, there are four
essential requisites:
(1) a previous valid obligation; (2) the
agreement of all the parties to the new contract;
(3) the extinguishment of the old contract; and
(4) the validity of the new one. These requisites
imply that the parties have capacity for the
new contract, and that they have the intent to
bring about the novation.
At the common law: The displacing of one party
to a contract by another and the assumption by
the latter of all the rights and obligations of the
party displaced. This can be done only with the
consent of the remaining party. The effect of a
novation is to discharge completely the contract
between the original parties and simultaneously
to create a contract of the same content between
the remaining party and the new one.
Besides the novation of the common law, the
civil law recognizes a novation, when the parties
remained the same and a new contract displaced
the origin- al one. The discharge of the old
contract and the creation of the new one were re-
deemed to take place simultaneously.
Novation
Novation is a mode of extinguishing an
obligation by changing its objects or principal
obligations, by substituting a new debtor in
place of the old one, or by subrogating a third
person to the rights of the creditor. Bognot vs.
RRI Lending Corporation, 736 SCRA 357. (2014)
Noxal Action
In the Roman law: An action for dam- age or
injury by animals brought against the owner.
Nudum Pactum
Lat. A promise without consideration.
At Roman law: A consensual agreement that did
not fall within any of the recognized classes of
contracts, such as sale, letting and hiring,
partnership or mandate. No action could be
brought on it, but it could be used as a defense.
At the common law: The term is somewhat
improperly applied to a promise which is not
supported by consideration, which is not a
contract at all; nor can such a promise be offered
as a defense.
Occasionally used for a contract which for one
reason or another cannot be enforced by action,
e.g., a contract within the Statute of Fraud.
Nuisance
Nuisance are of two kinds: nuisance per se
and nuisance per accidens. Aquino vs. Municipality
of Malay, Aklan, 737 SCRA 145 [2014]
A simple suit for abatement of nuisance,
being incapable of pecuniary estimation, is
within the exclusive jurisdiction of the Regional
Trial Court. Smart Communication, Inc. vs.
Aldecoa, 705 SCRA 392 [2013]
Any act, omission, establishment, business,
condition of property, or any- thing else which:
(1) Injuries or endangers the health or safety of
others; or (2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or
morality; or ( 4) Obstructs or interferes with the
free passage of any public highway or street, or
any body of water; or (5) Hinders or impairs the
use of property. (Article 694, Civil Code)
Concept of: The word "nuisance" is derived from
the French word "nuire," which means injury,
hurt, or harm. Literally, it means annoyance -
anything the works hurt or injury. In a broad
sense, it is true that nuisance is any- thing that
works an injury, harm, or prejudice to an
individual or the public. In legal phraseology,
the term "nuisance'' is applied to that class of
wrongs that arise from the unreason- able,
unwarrantable, or unlawful use by a person of
his own property, real or personal conduct,
working an obstruction or injury to a right of
another, or of the public, producing such
material an- noyance, inconvenience, discomfort
or hurt that the law will presume a consequent
damage.
Nuisance is so comprehensive that it has been
applied to almost all wrongs which have
interferred with the rights of the citizen, either in
person, property, the enjoyment of his property,
or his comfort.
Distinguished from trespass: Nuisance is
distinguished from trespass to realty in that it
may consist of injury to realty or interference
with its use or enjoyment, without entry upon it,
as for example, by damming a stream on one's
own land which causes it to over- flow the land
of another. Nuisance consists of a use of one's
own property in such a manner as to cause
injury to the property or right or interest of
another, and generally results from the
commission of an act beyond the limits of the
property affected; while a trespass is a direct
infringement of another's right of property. In
trespass, the injury is immediate; in nuisance,
it is consequential.
Distinguished from negligence: Causes of action
for nuisance or negligence may arise because the
mere doing of the thing is unreasonable under
the circumstances. What then are the
circumstances that distinguish the one action
from another? In the first place, reasonableness
is differently determined in the two actions. In
negligence, the question generaily asked is
whether it was unreasonable for the defendant
to act as he did in view of the threatened danger
or harm to one in plaintiff's position. In
nuisance, on the other hand, the question
generaiiy is whether the defendant's use of his
property was unreasonable as to plain- tiff,
without regard to forceability of injury.
To render a person liable either on the theory of
nuisance or negligence, there must be some
breach of duty on his part. But liability for
negligence is based on a want of proper care,
while, ordinarily, a person who creates or
maintains a nuisance is liable for the resulting
injury to others regardless of the degree of care
or skill exercised to avoid such injury.
Also, the principles of negligence ordinarily
apply where the cause of action is for harm
resulting from one act which created an
unreasonable risk of injury; whereas the
principles of nuisance ordinarily apply where
the cause of action is for continuing harm caused
by continuing or recurrent acts which cause dis-
comfort or annoyance to plaintiff in the use of
his property.
Injury to health: Every person has the right to
have the air diffused over his premises, whether
located in the city or country, in its natural state
and free from artificial injuries. However, the
pollution of air so far as is reasonably necessary
to the enjoyment of life and indispensable to the
progress of society is not actionable. But this
right of pollution must not be exercised in an
unreasonable manner so as to inflict in- jury
upon another unnecessarily.
Any business, although in itself lawful, which
necessarily impregnates large volumes of the
atmosphere with disagreeable, unwholesome, or
offensive matter, may become a nuisance to
those occupying adjacent property, in case it is
so near, and the atmosphere is contaminated to
such an extent as substantially to impair the
comfort and enjoyment of adjacent occupants.
Thus smoke, dust, noxious fumes and gases, or
sturches or smells may constitute a nuisance
under some circumstances.
To constitute smoke a nuisance, the annoyance
and inconvenience suffered must be of
substantial injury to neigh- boring property
itself, or such as to interfere sensibly with its use
and enjoyment by persons of ordinary
sensibilities. Fumes and gases from smelters by
which vegetation or other property is destroyed
or damaged or which are injurious to the health
of persons living in the vicinity, are nuisances.
Dangerous to safety: The manufacturing,
storing, or keeping of explosive substances in
large quantities in the vicinity of dwelling
houses or places of business is ordinarily
regarded as a nuisance. A structure which is
dangerous to persons using the public street is a
nuisance, either public or private. An excavation
adjoining a public highway or so near thereto
that a person, lawfully and with ordinary care
using the way, might accidentally fall into it, has
been held to be a nuisance, unless proper means
are adopted to guard against the occurrence of
such accidents.
Annoyance to senses: Slaughter- houses and
cowhide storage vats, from which emanated vile
and offensive odors. located within 250 feet of
the plaintiff's dwelling, were held to constitute a
private nuisance subject to abatement as such.
Noise of animals kept in residential
neighborhood is considered of a distressing ot
annoying character as to constitute nuisance.
Noice may constitute nuisance when it is of such
character as to be of actual discomfort to persons
of ordinary sensibilities.
Criterion of annoyance: In respect to those
things which are a nuisance be- cause of the
annoyance and discomfort they produce, they
are to be judged by the effect they are calculated
to produce upon ordinary people under normal
circumstances, not by their effect upon the over
sensitive, the fastidious or the sick, nor, on the
other hand, by their effect upon those who are
abnormally in- different to such things, or who
by long experience have learned to endure them
without inconvenience. The in- convenience
must be something more than mere fancy, mere
delicacy or fastidiousness; "it must," as said by
an English judge, ''be an inconvenience
materially interfering with the ordinary comfort,
physically, of human existence; not merely
according to elegant and dainty modes and
habits of living, but according to plain, sober,
simple notions among the people." The standard
as to the effect of an alleged nuisance must be
the man of normal nervous sensibility and
ordinary mode of living.
Shocking to decency: A bawdy house or
disorderly house is generally considered a
nuisance. As a general rule, a building or other
premises may become a nuisance by being used
for the purpose either of lewdness or of
assignation or prostitution. The act of causing
women to exhibit their naked bodies to the
public for a general admission fee, constitutes a
nuisance.
The tort committed by any act or the creation of
any situation which interferes with the
occupation or enjoyment of any tenement or
residence, or other landed property. It differs
from a trespass in that it involves no entry on
the property of another.
The tort committed by interfering with a person
in the enjoyment of a common right.
Nuisances are "public" when any member of
the public suffers or may suffer from the act.
The nuisance is "private" when it is directed
toward single individual or a number of definite
individuals. The maintenance of a gambling
house or a brothel (house of ill-fame) is a public
nuisance, even though the residents of the
immediate neighborhood are unaware of its
existence.
That which annoys or disturbs an individual in
the possession of his property. Nuisances may
endanger life or health offend the senses or
violate comm n decency. A public nuisance is
one which affects an indefinite number of
persons; a private nuis.ance s n.e violating the
rights of a single Individual; nuisances can be
the ground for a civil action.
A private nuisance is anything done to the hurt
or annoyance of the lands, tenements or
hereditaments or common nuisance is such an
inconvenience or troublesome offense as annoys
the com- munity in general and not merely orne
particular person. In a case f a private nuisance
there may be a suit for dam- ages by the person
injured o.r .he ay abate it or there may be an
InJunctiOn to prev nt it. A person suffering frol?
special damages, in case of a pubbc nuisance,
may be sued for damages, and the person
injured in such case may abate the nuisance if no
riot is commited. One committing a public
nuisance may be indicted.
If a thing is calculated to interfere with the
comfortable enjoyment of a man's house it is a
nuisance. Offensive trades are nuisances if they
make the enjoyment of life and property
uncomfortable. A neighborhood has a right to
pure and fresh air, and rendering the air
offensive and noxious is a public nuisance as are
also acts of public in- decency. Such as bathing
in a river in sight of neighboring houses, or acts
tending to a breach of the peace or disturbing
the neighborhood or keeping a disorderly house,
gaming house, or bawdy house, keeping of a
dangerous animal knowing it be such, and
suffering him to go at large, or exposing a
person or animal having a contagious disease in
public, thus endangering the health of the
citizens.
Whether a thing is a nuisance or not depends
somewhat upon its lo ality. (\ trade or business
may be a nuisance In a thickly populated town
but would not be so if isolated. One beginning
an offensive trade in a neighborhood where the
same trade is carried on by others will not erect
a nuisance unless the offensiveness is materially
increased. What was not originally a public
nuisance may become such by the erection of
dwelling in the neighborhood of the same. A
nuisance may arise from a noice and other
causes as well as from offensive odors and
unhealthful emissions.
Whether a nuisance is public or private is
determined by a court. Private nuisances may be
either to things corporeal, as where one erects a
house or other things so as to throw rain water
upon another's land or obstruct his ancient
rights, or they may be to personal rights, as by
keeping logs or animals so as to annoy one's
neighbor and render the air unwholesome, or
they may obstruct a right of way by laying logs
across it or the like, or obstruct a spring or
interfere with a franchise, such as a ferry or
railroad.
Nuisance Tax
A tax which is the cause of consider- able
annoyance and vexation to the tax- payer and
which produces comparatively slight income.
Nul
Fr. No.
Nul Agard
Fr. No award.
Nul Disseisin
Fr. A plea in an action for recovery of lands,
denying disseisin.
Nulla Bona
Lat. No goods found.
The return of a sheriff or officer stating he has
not been able to find goods upon which to levy
under a writ of execution.
Null And Void
A phrase equivalent to ''void.''
Nulla Poena Sine Lege
Lat. No punishment where there is no pre-
existing law prohibiting the act.
 wise, they would profit by their own unlawful
Nullity act. (De Luna vs. Linatoc, 74 Phil. 15)

That which has no legal effect. Nullus In Bonis

Nullity of Marriage Lat. That which is not the property of any

person.
A defect in the marriage state rendering it void
or voidable in an action to annul the marriage. Null Us Juris

Lat. Without legal effect.

Nullius Filius

Lat. Son of nobody. A bastard who at common

law had neither father nor mother. The phrase is Nullus, Nulla
commoner in the reverse order, i.e., filius
nullius. The Latin for "No."

Nullum Crimen Sine Lege Nul Tiel Agard

Lat. No crime unless there be a pre existing law
condemning the act as a crime.
Nuilum Sine Poena
Lat. No crime without punishment - the
opposite of nullum crimen sine lege.
Nullus Commodum Capere Potest De Injuria
Sua Propria
Fr. The plea made in an action on an arbitration
award which denies the existence or the validity
of the award or judgment.
Nul Tiel Corporation
Fr. No such corporation. A plea which denies
that the defendant corpo- ration exists.
Nul Tiel Record

Lat. No man can take advantage of his own The plea in an action on a judgment denying the
wrong. existence of the record or judgment.

Illustration: Moreover, there is the time-honored Nul Tort

legal maxim that no man can take advantage of
his own wrong. To repudiate the sales in The plea to a real action which denies the wrong
questions, petitioners are setting up their own done.
wrongful act of partitioning their conjugal
property, which violated Article 1432 of the old Nul Waste
Civil Code. The prohibition in said article affects
public policy, as it is designed to protect The plea in a common law action of waste which
creditors of the conjugal partnership and other denies that waste has been committed.
third persons. Petitioners shall not, therefore, be
allowed thus to rest their cause of action to Nunc Aut Nunquam
recover the lands sold, upon the illegality of the
partition which they attempted to make. Other- Lat. Now or never.
Nuncio

The Pope's ambassador.

Nunc Pro Tunc

Lat. Now for then; to take effect as of former

date.

A phrase used to describe a permissible

procedural act or amendment made later than
the time at which it should have been made, and
treated as though it had been made at the proper
time.

Nuncupative Will

An oral will. Where such a will is valid, it must

be made before witnesses.

Nunquam Indebitatus

Lat. Never indebted. The defend- ant's plea in

the common law action of indebitatus
assumpsit, denying the existence of the debt.

Nuperobiit

Lat. He lately died. An old action for recovery of

land brought by one heir of a deceased ancestor
against another who is equally an heir and
therefore his co-parcener.

Nuptial

Pertaining to or connected with the contract of

marriage.
Nuptials: The celebration of marriage. In the
older phraseology, the law dealing with the
contract of marriage.

Nurture

To rear or educate a child.