PHILIPPINE LEGAL DOCTRINES

1. Doctrine of absolute privilege.

Doctrine
that protects persons from
claims alleging defamation where the alleged
defamatory statements were made by
members of legislative assemblies while on the
floor of the assembly or communications made
in the context of judicial proceedings, as part of
a trial.

2. Doctrine of absorption of common crimes.

Also called Hernandez doctrine. The
rule enunciated in [People v. Hernandez (99
Phil. Rep 515 (1956)] that the ingredients of a
crime form part and parcel thereof, and hence,
are absorbed by the same and cannot be
punished either separately therefrom or by the
application of Art. 48 of the Rev. Penal Code.
[Enrile v. Amin, GR 93335, Sept. 13, 1990]. It
held that the crime of rebellion under the Rev.
Penal Code of the Phils. is charged as a single
offense, and that it cannot be made into a
complex crime.

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3. Doctrine of actio personalis moritur cum

persona.
Lat. [The doctrine that] personal action
terminates or dies with the person. [Santos v.
Sec. of Labor, L-21624, 27 Feb. 1968].
4. Doctrine of adherence of jurisdiction. Rem.
Law. 1. The principle that once a court
has acquired jurisdiction, that jurisdiction
continues until the court has done all that it can
do in the exercise of that jurisdiction. 2. The
doctrine holding that [e]ven the finality of the
judgment does not totally deprive the court of
jurisdiction over the case. What the court loses
is the power to amend, modify or alter the
judgment. Even after the judgment has
become final, the court retains jurisdiction to
enforce and execute it [Echegaray v. Sec. of
Justice, 301 SCRA 96]. Also called Doctrine of
continuity of jurisdiction.
5. Doctrine of adherence to judicial precedents.
Also called the Doctrine of stare decisis.
[The] doctrine [that] enjoins adherence to
judicial precedents. It requires courts in a
country to follow the rule established in a
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decision of its Sup. Court. That decision

becomes a judicial precedent to be followed in
subsequent cases by all courts in the land.
[Phil. Guardians Brotherhood, Inc. (PGBI) v.
Comelec, GR 190529, Apr. 29, 2010].
6. Doctrine of agency by estoppel.
Also known as the Doctrine of holding
out. The doctrine where the principal will be
estopped from denying the grant of authority if
3rd parties have changed their positions to
their
detriment
in
reliance
on
the
representations made.
7. Doctrine of alter ego.
A doctrine based upon the misuse of a
corporation by an individual for wrongful or
inequitable purposes, and in such case the
court merely disregards the corporate entity
and holds the individual responsible for acts
knowingly and intentionally done in the name
of the corporation. The doctrine imposes upon
the individual who uses a corporation merely
as an instrumentality to conduct his own
business liability as a consequence of fraud or
injustice perpetuated not on the corporation,
but on third persons dealing with the
corporation. [Cited Sulo ng Bayan, Inc. v.
Araneta, Inc., GR L-31061 Aug. 17, 1976].
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8. Doctrine of apparent authority.

[T]he doctrine [under which] acts and
contracts of the agent, as are within the
apparent scope of the authority conferred on
him, although no actual authority to do such
acts or to make such contracts has been
conferred, bind the principal. The principals
liability, however, is limited only to 3rd persons
who have been led reasonably to believe by
the conduct of the principal that such actual
authority exists, although none was given. In
other words, apparent authority is determined
only by the acts of the principal and not by the
acts of the agent. [Banate v. Phil. Countryside
Rural Bank, Inc., GR 163825, July 13,
2010].Also called the Holding out theory; or
Doctrine of ostensible agency or Agency by
estoppel. See Apparent authority doctrine.
9. Doctrine of assumption of risk.
The precept that denotes that a person
who knows and comprehends the peril and
voluntarily exposes himself or herself to it,
although not negligent in doing so, is regarded
as engaging in an assumption of the risk and is
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precluded from a recovery for an injury

ensuing therefrom. Also called Doctrine of
volenti non fit injuria.

10. Doctrine of attractive nuisance.

A legal doctrine which makes a person
negligent for leaving a piece of equipment or
other condition on property which would be
both attractive and dangerous to curious
children. These have included tractors,
unguarded swimming pools, open pits, and
abandoned refrigerators. Liability could be
placed on the people owning or controlling the
premises even when the child was a
trespasser who sneaked on the property. See
Attractive nuisance doctrine.
11. Doctrine of bar by prior judgment.
Rem. Law. [A concept of res judicata
holding that] When, as between the first case
where the judgment was rendered and the
second case that is sought to be barred, there is
identity of parties, subject matter, and causes of
action. In this instance, the judgment in the first
case constitutes an absolute bar to the second
action. [Antonio v. Sayman Vda. de Monje, GR
149624, 29 Sept. 2010, 631 SCRA 471, 480].

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12. Doctrine of caveat emptor.

Also called the Doctrine of let the buyer
beware. A warning that notifies a buyer that the
goods he or she is buying are as is, or subject
to all defects. The principle under which the
buyer could not recover damages from the seller
for defects on the property that rendered the
property unfit for ordinary purposes. The only
exception was if the seller actively concealed
latent defects or otherwise made material
misrepresentations amounting to fraud.

13. Doctrine of collateral estoppel.

A doctrine that prevents a person from
relitigating an issue. Once a court has decided
an issue of fact or law necessary to its
judgment, that decision preclude[s] relitigation
of the issue in a suit on a different cause of
action involving a party to the first case. Also
called Doctrine of preclusion of issues.
14. Doctrine of command responsibility.
The doctrine under which any
government official or supervisor, or officer of
the PNP or that of any other law enforcement
agency shall be held accountable for Neglect
of Duty if he has knowledge that a crime or
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offense shall be committed, is being

committed, or has been committed by his
subordinates, or by others within his area of
responsibility and, despite such knowledge, he
did not take preventive or corrective action
either before, during, or immediately after its
commission. [Sec. 1, EO 226. Feb. 17, 1995].

15. Doctrine of comparative injury.

A rule in equity which states that
although a person is entitled to injunctive relief,
if the injury done to the respondent or the
public would be disproportionate, then
injunctive relief must be denied.
16. Doctrine of comparative negligence,
[The doctrine that allows] a recovery by
a plaintiff whose own act contributed to his
injury, provided his negligence was slight as
compared with that of the defendant. [Rakes v.
The Atlantic, Gulf and Pacific, Co., GR 1719,
Jan. 23, 1907].
17. Doctrine of compassionate justice.
The doctrine that the harsh provisions of
law and the rigid rules of procedure may
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sometimes be tempered and dispensed with to

give room for compassion.
18. Doctrine of completeness.
[The doctrine holding that] a dying
declaration to be admissible must be complete
in itself. To be complete in itself does not mean
that the declarant must recite everything that
constituted the res gestae of the subject of his
statement, but that his statement of any given
fact should be a full expression of all that he
intended to say as conveying his meaning in
respect of such fact. [People v. De Joya, GR
75028, Nov. 8, 1991].
19. Doctrine of conclusiveness of judgment.
Rem. Law. A concept of res judicata
holding that] where there is identity of parties in
the first and second cases, but no identity of
causes of action, the first judgment is
conclusive only as to those matters actually
and directly controverted and determined and
not as to matters merely involved therein.
Stated differently, any right, fact or matter in
issue directly adjudicated or necessarily
involved in the determination of an action
before a competent court in which judgment is
rendered on the merits is conclusively settled
by the judgment therein and cannot again be
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litigated between the parties and their privies,

whether or not the claim, demand, purpose, or
subject matter of the two actions is the same.
[Antonio v. Sayman Vda. de Monje, GR
149624, 29 Sept. 2010, 631 SCRA 471, 480].
20. Doctrine of condonation.
Admin. Law. [The doctrine that a] public
official cannot be removed for administrative
misconduct committed during a prior term,
since his re-election to office operates as a
condonation
of the officers previous
misconduct to the extent of cutting off the right
to remove him therefor. The foregoing rule,
however, finds no application to criminal cases
pending against petitioner. [Aguinaldo v.
Santos, 212 SCRA 768, 773 (1992)]. Also
called Doctrine of forgiveness.
21. Doctrine of constitutional supremacy.
[The doctrine that] if a law or contract
violates any norm of the constitution, that law
or contract, whether promulgated by the
legislative or by the executive branch or
entered into by private persons for private
purposes, is null and void and without any
force and effect. Thus, since the Constitution is
the fundamental, paramount and supreme law
of the nation, it is deemed written in every
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statute and contract. [Manila Prince Hotel v.

GSIS, 335 Phil. 101 (1997].
22. Doctrine of constructive compliance.
Succ. Doctrine which states that if,
without the fault of the heir, the modal
institution cannot take effect in the exact
manner stated by the testator, it shall be
complied with in a manner most analogous to
and in conformity with his wishes. [Art. 883,
CC].

23. Doctrine of constructive trust.

A general principle that one who
acquires land or other property by fraud,
misrepresentation, imposition, or concealment,
or under any such other circumstances as to
render it inequitable for him to retain the
property, is in equity to be regarded as a
trustee ex maleficio thereof for a person who
suffers by reason of the fraud or other wrong,
and is equitably entitled to the property, even
though such beneficiary may never have any
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legal estate therein. [Magallon v. Montejo, GR

73733, Dec. 16, 1986].
24. Doctrine of continuity of jurisdiction.
Rem. Law. The general principle that
once a court has acquired jurisdiction, that
jurisdiction continues until the court has done
all that it can do to exercise that jurisdiction.
See Doctrine of adherence of jurisdiction.
25. Doctrine of corporate negligence.
[T]he judicial answer to the problem of
allocating hospitals liability for the negligent
acts of health practitioners, absent facts to
support the application of respondeat superior
or apparent authority. Its formulation proceeds
from the judiciarys acknowledgment that in
these modern times, the duty of providing
quality medical service is no longer the sole
prerogative and responsibility of the physician.
The modern hospitals have changed structure.
Hospitals now tend to organize a highly
professional medical staff whose competence
and performance need to be monitored by the
hospitals commensurate with their inherent
responsibility to provide quality medical care.
[Professional Services, Inc. v. Agana, GR
126297, Jan. 31, 2007].

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26. Doctrine of corporate responsibility.

The doctrine following which it was held
that] a hospital x x x has the duty to see that it
meets the standards of responsibilities for the
care of patients. Such duty includes the proper
supervision of the members of its medical staff.
[Professional Services, Inc. v. Agana, GR
126297, Jan. 31, 2007].
27. Doctrine of deference and non-disturbance
on appeal.
[The doctrine that the Sup.] Court on
appeal would not disturb the findings of the
trial court on the credibility of witnesses in view
of the latters advantage of observing at first
hand their demeanor in giving their testimony.
[Tehankee, concurring op., Llamoso v
Sandiganbayan, GR L-63408 & 64026 Aug. 7,
1985].

28. Doctrine of dependent relative revocation.

Succ. Doctrine which states that a
revocation subject to a condition does not
revoke a will unless and until the condition
occurs. Thus, where a testator revokes a will
with the proven intention that he would execute
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another will, his failure to validly make a latter

will would permit the allowance of the earlier
will.
29. Doctrine of discovered peril.
The doctrine [holding] that where both
parties are negligent, but the negligent act of
one is appreciably later in time than that of the
other, or when it is impossible to determine
whose fault or negligence should be attributed
to the incident, the one who had the last clear
opportunity to avoid the impending harm and
failed to do so is chargeable with the
consequences thereof. [See Picart v. Smith, 37
Phil. 809]. See Last clear chance doctrine.
30. Doctrine of disregarding
personality of the corporation.

the

distinct

[The doctrine stating that] when the

notion of legal entity is used to defeat public
convenience, justify wrong, protect fraud, or
defend crime, x x x the law will regard the
corporation as an association of persons, or in
the case of two corporations, merge them into
one, the one being merely regarded as part or
instrumentality of the other. [Yutivo & Sons
Hardware Co. v. CTA, 1 SCRA 160]. The same
is true where a corporation is a dummy and
serves no business purpose and is intended
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only as a blind, or an alter ego or business

conduit for the sole benefit of the stockholders.
[McConnel v. CA, 1 SCRA 722].
31. Doctrine of effective occupation.
A doctrine in international law which
holds that in order for a nation to occupy a
coastal possession, it also had to prove that it
controlled sufficient authority there to protect
existing rights such as freedom of trade and
transit. See Effective occupation doctrine.
32. Doctrine of election of remedies.
A doctrine developed to prevent a
plaintiff from a double recovery for a loss,
making the person pursue only one remedy in
an action. Although its application is not
restricted to any particular cause of action, it is
most commonly employed in contract cases
involving fraud, which is a misrepresentation of
a material fact that is intended to deceive a
person who relies on it.

33. Doctrine of equitable recoupment.

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It provides that a claim for refund barred

by prescription may be allowed to offset
unsettled tax liabilities should be pertinent only
to taxes arising from the same transaction on
which an overpayment is made and
underpayment is due.
34. Doctrine of equivalents.
The rule stating that an infringement
also takes place when a device appropriates a
prior invention by incorporating its innovative
concept and, although with some modification
and change, performs substantially the same
function in substantially the same way to
achieve substantially the same result. [Smith
Kline and Beckman Corp. v. CA, 409 SCRA
33].
35. Doctrine of equivalents test.
A test established to determine
infringement which recognizes that minor
modifications in a patented invention are
sufficient to put the item beyond the scope of
literal infringement. Thus, an infringement also
occurs when a device appropriates a prior
invention by incorporating its innovative
concept and, albeit with some modification and
change, performs substantially the same
function in substantially the same way to
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achieve substantially the same result. [Godinez

v. CA, GR 97343. Sep. 13, 1993]. Compare
with Literal infringement test.
36. Doctrine of estoppel.
Rem. Law. [A doctrine] based on
grounds of public policy, fair dealing, good faith
and justice, [the] purpose [of which] is to forbid
one to speak against his own act,
representations, or commitments to the injury
of one to whom they were directed and who
reasonably relied thereon. [PNB v. CA, 94
SCRA 357].
37. Doctrine of estoppel by laches.
Rem. Law. An equitable doctrine by
which some courts deny relief to a claimant
who has unreasonably delayed or been
negligent in asserting a claim. A person
invoking laches should assert that an opposing
party has slept on his/her rights and that the
party is no longer entitled to his/her original
claim.
38. Doctrine of executive privilege.
[The doctrine stating that a] x x x
President and those who assist him must be
free to explore alternatives in the process of
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shaping policies and making decisions and to

do so in a way many would be unwilling to
express except privately. These are the
considerations
justifying
a
presumptive
privilege for Presidential communications. The
privilege is fundamental to the operation of
government and inextricably rooted in the
separation of powers under the Constitution x x
x [Almonte v. Vasquez, 314 Phil. 150 (1995)].
39. Doctrine of exhaustion of administrative
remedies.
The general rule that before a party may
seek the intervention of the court, he should
first avail of all the means afforded him by
administrative processes. The issues which
administrative agencies are authorized to
decide should not be summarily taken from
them and submitted to a court without first
giving such administrative agency the
opportunity to dispose of the same after due
deliberation. [Rep. v. Lacap, GR 158253, Mar.
2, 2007, 517 SCRA 255].
40. Doctrine of fair comment.
A doctrine in the law of libel, which
means that while in general every discreditable
imputation publicly made is deemed false,
because every man is presumed innocent until
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his guilt is judicially proved, and every false

imputation is directed against a public person
in his public capacity, it is not necessarily
actionable. In order that such discreditable
imputation to a public official may be
actionable, it must either be a false allegation
of fact or a comment based on a false
supposition. If the comment is an expression of
opinion, based on established facts, then it is
immaterial that the opinion happens to be
mistaken, as long as it might reasonably be
inferred from the facts. [Borjal v. CA, 361 Phil.
1999].
41. Doctrine of finality of judgment.
Rem. Law. [The doctrine that] once a
judgment attains finality it thereby becomes
immutable and unalterable. It may no longer
be modified in any respect, even if the
modification is meant to correct what is
perceived to be an erroneous conclusion of
fact or law, and regardless of whether the
modification is attempted to be made by the
court rendering it or by the highest court of the
land. Just as the losing party has the right to
file an appeal within the prescribed period, the
winning party also has the correlative right to
enjoy the finality of the resolution of his case.
The doctrine of finality of judgment is grounded
on fundamental considerations of public policy
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and sound practice, and that, at the risk of

occasional errors, the judgments or orders of
courts must become final at some definite time
fixed by law; otherwise, there would be no end
to litigations, thus setting to naught the main
role of courts of justice which is to assist in the
enforcement of the rule of law and the
maintenance of peace and order by settling
justiciable controversies with finality. [GallardoCorro v. Gallardo, 403 Phil. 498 (2001)].
42. Doctrine of forgiveness.
See Doctrine of condonation.
43. Doctrine of forum non-conveniens.
Lat. The forum is inconvenient. Priv.
Internatl. Law. [A rule designed] to deter the
practice of global forum shopping, [Coquia and
Aguiling-Pangalangan, Conflicts Of Laws, pp. 4041, 2000 Ed.] that is to prevent non-resident
litigants from choosing the forum or place
wherein to bring their suit for malicious reasons,
such as to secure procedural advantages, to
annoy and harass the defendant, to avoid
overcrowded dockets, or to select a more friendly
venue. Under this doctrine, a court, in conflicts of
law cases, may refuse impositions on its
jurisdiction where it is not the most convenient
or available forum and the parties are not
precluded from seeking remedies elsewhere.
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[First Phil. Internatl. Bank v. CA, 252 SCRA 259,

281 (1996).].

44. Doctrine of governmental immunity from

suit.
The doctrine that no governmental body
can be sued unless it gives permission.

45. Doctrine of hierarchy of courts.

Rem. Law. An established policy that
parties must observe the hierarchy of courts
before they can seek relief directly from th[e
Sup.] Court. Therationale for this rule is
twofold: (a) it would be an imposition upon the
limited time of th[e Sup.] Court; and (b) it would
inevitably result in a delay, intended or
otherwise, in the adjudication of cases, which
in some instances, had to be remanded or
referred to the lower court as the proper forum
under the rules of procedure, or as better
equipped to resolve the issues because th[e
Sup.] Court is not a trier of facts. [Heirs of
Hinog v. Melicor, GR 140954, 12 Apr. 2005,
455 SCRA 460].

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46. Doctrine of holding out.

Also known as the Doctrine of agency
by estoppel. The doctrine where the principal
will be estopped from denying the grant of
authority if 3rd parties have changed their
positions to their detriment in reliance on the
representations made.
47. Doctrine of hold-over.
The doctrine under which a public
officer whose term has expired or services
have been terminated is allowed to continue
holding his office until his successor is
appointed or chosen and had qualified.
48. Doctrine of immunity from suit.
1. [The doctrine the application of which]
has been restricted to sovereign or
governmental activities [jure imperii]. The
mantle of state immunity cannot be extended
to commercial, private and proprietary acts
[jure gestionis]. [Jusmag v. NLRC, GR 108813.
Dec. 15, 1994]. 2. The restrictive application of
State immunity is proper when the proceedings
arise out of commercial transactions of the
foreign sovereign, its commercial activities or
economic affairs. Stated differently, a State
may be said to have descended to the level of
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an individual and thus can be deemed to have

tacitly given its consent to be used only when it
enters into business contracts. It does not
apply where the contract relates to the
exercise of its sovereign functions. [US v. Ruiz,
GR L-35645, May 22, 1985, 136 SCRA 487,
490].
49. Doctrine of immutability and inalterability of a
final judgment.
The doctrine that has a two-fold purpose:
(1) to avoid delay in the administration of justice
and thus, procedurally, to make orderly the
discharge of judicial business and (2) to put an
end to judicial controversies, at the risk of
occasional errors, which is precisely why courts
exist. [SSS v. Isip, GR 165417, Apr. 3, 2007].
50. Doctrine of immutability and inalterability of a
final judgment.
Exceptions: (1) the correction of clerical
errors; (2) the so-called nunc pro tunc entries that
cause no prejudice to any party; (3) void
judgments; and (4) whenever circumstances
transpire after the finality of the decision
rendering its execution unjust and inequitable.
[Temic Semiconductors, Inc. Employees Union
(TSIEU)-FFW v. Federation of Free Workers
(FFW), GR 160993, May 20, 2008, 554 SCRA
122, 134].

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51. Doctrine of immutability of judgment.

A fundamental legal principle that a decision
that has acquired finality becomes immutable and
unalterable, and may no longer be modified in
any respect, even if the modification is meant to
correct erroneous conclusions of fact and law,
and whether it be made by the court that
rendered it or by the highest court of the land.
The only exceptions to the general rule on finality
of judgments are the so-called nunc pro tunc
entries which cause no prejudice to any party,
void judgments, and whenever circumstances
transpire after the finality of the decision which
render its execution unjust and inequitable.
[Sacdalan v. CA, GR 128967, May 20, 2004, 428
SCRA 586, 599].

52. Doctrine of implications.

Stat. Con. That which is plainly implied
in the language of a statute is as much a part
of it as that which is expressed. [In Re:
McCulloch Dick, 35 Phil. 41, 45, 50].
53. Doctrine of implied municipal liability.
A municipality may become obligated
upon an implied contract to pay the reasonable
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value of the benefits accepted or appropriated

by it as to which it has the general power to
contract. [Province of Cebu v. IAC, 147 SCRA
447].

54. Doctrine of implied trust.

[The doctrine] enunciated in Art. 1456 of
the Civ. Code [which provides that] if property
is acquired through mistake or fraud, the
person obtaining it is, by force of law,
considered a trustee of an implied trust for the
benefit of the person from whom the property
comes. [Armamento v. Guerrero, GR L-34228
Feb. 21, 1980].

55. Doctrine of in pari delicto.

Legal principle that if two parties in a
dispute are equally at fault, then the party in
possession of the contested property gets to
retain it and the courts will not interfere with the
status quo. It implies that if a party whose
action or failure to act precipitates breach of a
contract, or who fails to take appropriate action
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or takes inappropriate action to limit or recoup

a loss, such party may not claim nor be
awarded damages.
56. Doctrine of inappropriate provision.
[It deals with] item provisions [in a
budget bill] that are to be treated as items for
the Presidents veto power. [Dean Tupaz, 24
Hours Before the Bar (1st Ed. 2005), p. 133].
57. Doctrine of incompatibility of public offices.
Pol. Law. It concerns a potential clash of
two incompatible public offices held by a single
official. In other words, the doctrine concerns a
conflict between an individuals performance of
potentially overlapping public duties.

58. Doctrine of incorporation.

Intl. Law. The doctrine that states that
the rules of Intl. Law form part of the law of the
land and no legislative action is required to
make them applicable to a country. The Phils.
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follows this doctrine, because Sec. 2. Art. II of

the Consti. states that the Phils. adopts the
generally accepted principles of international
law as part of the law of the land.
59. Doctrine of indefeasibility of torrens titles.
A certificate of title, once registered, should
not thereafter be impugned, altered, changed,
modified, enlarged or diminished except in a
direct proceeding permitted by law. [De Pedro
v. Romasan, GR 158002, Feb. 28, 2005].
60. Doctrine of indelible allegiance.
The doctrine that an individual may be
compelled to retain his original nationality
notwithstanding that he has already renounced or
forfeited it under the laws of the 2nd state whose
nationality he has acquired.
61. Doctrine of informed consent.
A duty imposed on a doctor to explain the
risks of recommended procedures to a patient
before a patient determines whether or not he or
she should go forward with the procedure. See
Informed consent doctrine.

62. Doctrine of interlocking confessions.

Evid. [The doctrine under which] extrajudicial confessions independently made
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without collusion which are identical with each

other in their essential details and are
corroborated by other evidence on record are
admissible, as circumstantial evidence, against
the person implicated to show the probability of
the latters actual participation in the
commission of the crime. [People v. Molleda,
86 SCRA 667, 701 (1978)].
63. Doctrine of inverse condemnation.
[It involves] [t]he action to recover just
compensation from the State or its
expropriating agency. It has the objective to
recover the value of property taken in fact by
the governmental defendant, even though no
formal exercise of the power of eminent
domain has been attempted by the taking
agency. [Napocor v. Heirs of Sangkay, GR
165828, Aug. 24, 2011].
64. Doctrine of judicial admissions.
[The] well-settled [doctrine] that judicial
admissions cannot be contradicted by the
admitter who is the party himself and binds the
person who makes the same, and absent any
showing that this was made thru palpable
mistake, no amount of rationalization can
offset it. [Binarao v. Plus Builders, Inc., GR
154430, June 16, 2006, 491 SCRA 49, 54].
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65. Doctrine of judicial stability.

[The doctrine that] no court can interfere
by injunction with the judgments or orders of
another court of concurrent jurisdiction having
the power to grant the relief sought by the
injunction. [Cabili v. Balindong, AM RTJ-102225, Sept. 6, 2011].
66. Doctrine of judicial stability.
An elementary principle in the
administration of justice [where] no court can
interfere by injunction with the judgments or
orders of another court of concurrent
jurisdiction having the power to grant the relief
sought by the injunction. [Go v. Villanueva, Jr.,
GR 154623, Mar. 13, 2009, 581 SCRA 126,
131-132]. See Doctrine of non-interference.
67. Doctrine of judicial supremacy.
1. [The doctrine recognizing that] the
judiciary is vested with the power to annul the
acts of either the legislative or the executive or
of both when not conformable to the
fundamental law. [Assoc. of Small Landowners
v. Sec. of Agrarian Reform, GR 78742. July 14,
1989]. 2. The power of judicial review under
the Constitution. [Angara v. Electoral
Commission, 63 Phil. 139].
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28

68. Doctrine of jus sanguinis.

Lat. Right of blood. A principle of
nationality law by which citizenship is not
determined by place of birth but by having
instead one or both parents who are citizens of
the state or more generally by having state
citizenship or membership to a nation
determined or conferred by ethnic, cultural or
other descent or origin.
69. Doctrine of jus soli.
Lat. Right of the soil. The doctrine
recognizing the right of anyone born in the
territory of a state to nationality or citizenship.
70. Doctrine of laches.
Also Doctrine of stale demands. 1. [A
doctrine] based upon grounds of public policy
which requires, for the peace of society, the
discouragement of stale claims and x x x is
principally a question of the inequity or
unfairness of permitting a right or claim to be
enforced or asserted. [Tijam v. Sibonghanoy,
23 SCRA 29 (1968)]. 2. The time-honored rule
anchored on public policy that relief will be
denied to a litigant whose claim or demand has
become stale, or who has acquiesced for an
unreasonable length of time, or who has not
LEGAL MAXIMS

29

been vigilant or who has slept on his rights

either by negligence, folly or inattention.
[Arradaza v. CA, 170 SCRA 12, 20 (1989)].
71. Doctrine of lack of capacity to sue.
The doctrine of lack of capacity to sue
based on failure to first acquire a local license
is based on considerations of public policy. It
was never intended to favor nor insulate from
suit unscrupulous establishments or nationals
in case of breach of valid obligations or
violations of legal rights of unsuspecting
foreign firms or entities simply because they
are not licensed to do business in the country.
[Facilities Mngt. Corp. v. De la Osa, GR L38649, Mar. 26, 1979, 89 SCRA 131].
72. Doctrine of last clear chance.
Also known as the Doctrine of
discovered peril or the Humanitarian doctrine.
A doctrine in the law of torts which states that
the contributory negligence of the party injured
will not defeat the claim for damages if it is
shown that the defendant might, by the
exercise of reasonable care and prudence,
have avoided the consequences of the
negligence of the injured party. In such cases,
the person who had the last clear chance to
avoid the mishap is considered in law solely
LEGAL MAXIMS

30

responsible for the consequences thereof.

[Ong v. Metropolitan Water District, 104 Phil.
405 (1958)]. See Last clear chance doctrine.
73. Doctrine of legal entity of the separate
personality of the corporation.
[The doctrine] that a corporation may not be
made to answer for acts and liabilities of its
stockholders or those of legal entities to which it
may be connected or vice versa. [Panay, Inc. v.
Clave, GR L-56076, Sept. 21, 1983, 124 SCRA
638].
74. Doctrine of let the buyer beware.
Also called the Doctrine of caveat emptor. A
warning that notifies a buyer that the goods he or
she is buying are as is, or subject to all defects.
The principle under which the buyer could not
recover damages from the seller for defects on
the property that rendered the property unfit for
ordinary purposes. The only exception was if the
seller actively concealed latent defects or
otherwise made material misrepresentations
amounting to fraud.
75. Doctrine of liberal construction of retirement
laws.
Stat. Con. [The doctrine] that retirement
laws are liberally construed and administered in
favor of the persons intended to be benefited. All
doubts as to the intent of the law should be
LEGAL MAXIMS

31

resolved in favor of the retiree to achieve its

humanitarian purposes. [Borromeo v. CSC, 199
SCRA 924 (1991)].

76. Doctrine of limited liability.

The ship agent shall also be civilly liable
for the indemnities in favor of 3rd persons
which may arise from the conduct of the
captain in the care of the goods which he
loaded on the vessel; but he may exempt
himself therefrom by abandoning the vessel
with all the equipments and the freight it may
have earned during the voyage. [Art. 587,
Code of Commerce; Yangco v. Lasema, 73
Phil. 330 (1941)]. See Limited liability doctrine.
77. Doctrine of lis pendens.
Lat. A pending suit. The jurisdiction,
power or control which a court acquires over
the property involved in a suit pending the
continuance of the action and until final
judgment thereunder.
78. Doctrine of loss of confidence.
Requisites: (1) Loss of confidence should
not be simulated; (2) it should not be used as a
subterfuge for causes which are improper, illegal,
or unjustified; (3) it may not be arbitrarily asserted
in the face of overwhelming evidence to the
LEGAL MAXIMS

32

contrary; (4) it must be genuine, not a mere

afterthought to justify an earlier action taken in
bad faith; and (5) the employee involved holds a
position of trust and confidence. [Midas Touch
Food Corp. v. NLRC, GR 111639, July 29, 1996,
259 SCRA 652]. See Loss of confidence doctrine.

79. Doctrine of malicious prosecution.

[The
doctrine
that
pertains to]
persecution through the misuse or abuse of
judicial processes; or the institution and pursuit
of legal proceedings for the purpose of
harassing, annoying, vexing or injuring an
innocent person. [Villanueva v. UCPB, GR
138291, Mar. 7, 2000].
80. Doctrine of management prerogative.
[The doctrine under which] every
employer has the inherent right to regulate,
according to his own discretion and judgment,
all aspects of employment, incl. hiring, work
assignments, working methods, the time, place
and manner of work, work supervision, transfer
of employees, lay-off of workers, and
discipline, dismissal, and recall of employees.
[Rural Bank of Cantilan, Inc. vs Julve, 517
SCRA 17].
81. Doctrine of mortgagee in good faith.

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33

The rule that all persons dealing with

property covered by a Torrens Certificate of Title,
as buyers or mortgagees, are not required to go
beyond what appears on the face of the title. The
public interest in upholding the indefeasibility of a
certificate of title, as evidence of the lawful
ownership of the land or of any encumbrance
thereon, protects a buyer or mortgagee who, in
good faith, relied upon what appears on the face
of the certificate of title. [Cavite Devt. Bank v.
Sps. Lim, GR 131679, 1 Feb. 2000].
82. Doctrine of mutuality of remedy.
A civil law doctrine founded on the idea that
one party should not obtain from equity that
which the other party could not obtain.

83. Doctrine of necessary implication.

Stat. Con. The doctrine which states
that what is implied in a statute is as much a
part thereof as that which is expressed. [Natl.
Assoc. of Trade Unions (NATU) v. Torres, GR
93468. Dec. 29, 1994].

84. Doctrine of non-delegation.

1. [The principle that] delegated power
constitutes not only a right but a duty to be
performed by the delegate through the
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34

instrumentality of his own judgment and not

through the intervening mind of another. 2. The
recognized exceptions to this principle are as
follows: (1) Delegation of tariff powers to the
Pres. under Sec. 28 (2) of Art. VI of the
Consti.; (2) Delegation of emergency powers to
the Pres. under Sec. 23(2) of Art. VI of the
Consti.; (3) Delegation to the people at large;
(4) Delegation to local governments; and (5)
Delegation to administrative bodies. [Abakada
Guro Party List v. Ermita, GR 168056, Sept. 1,
2005, 469 SCRA 1, 115-116].
85. Doctrine of non-interference.
Rem. Law. An elementary principle of
higher importance in the administration of
justice that the judgment of a court of
competent jurisdiction may not be opened,
modified, or vacated by any court of concurrent
jurisdiction. [Rep. v. Reyes, 155 SCRA 313
(1987)]. Also Doctrine of judicial stability.
86. Doctrine of non-suability.
The basic postulate enshrined in the
constitution that (t)he State may not be sued
without its consent, [which] reflects nothing
less than a recognition of the sovereign
character of the State and an express
affirmation of the unwritten rule effectively
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35

insulating it from the jurisdiction of courts. It is

based on the very essence of sovereignty. [DA
v. NLRC, GR 104269, Nov. 11, 1993, 227
SCRA 693].

87. Doctrine of operative fact.

[The doctrine that] nullifies the effects of
an unconstitutional law by recognizing that the
existence of a statute prior to a determination
of unconstitutionality is an operative fact and
may have consequences which cannot always
be ignored. The past cannot always be erased
by a new judicial declaration. [It] is applicable
when a declaration of unconstitutionality will
impose an undue burden on those who have
relied on the invalid law. [Planters Products,
Inc. v. Fertiphil Corp., GR 166006, 14 Mar.
2008]. See also Operative fact doctrine.
88. Doctrine of ostensible agency.
[The doctrine which] imposes liability,
not as the result of the reality of a contractual
relationship, but rather because of the actions
of a principal or an employer in somehow
misleading the public into believing that the
relationship
or
the
authority
exists.
[Professional Services, Inc. v. Agana, GR
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36

126297, 126467 and 127590, Jan. 31, 2007,

513 SCRA 478, 500-501]. See Doctrine of
ostensible authority.
89. Doctrine of ostensible authority.
Also known as Doctrine of apparent
authority. [The doctrine holding that] if a
corporation knowingly permits one of its
officers, or any other agent, to do acts within
the scope of an apparent authority, and thus
holds him out to the public as possessing
power to do those acts, the corporation will, as
against any one who has in good faith dealt
with the corporation through such agent, be
estopped
from
denying
his
authority
[Prudential Bank v. CA, GR 103957, June 14,
1993].
90. Doctrine of outside appearance.
The doctrine which states that a
corporation is bound by a contract entered into
by an officer who acts without, or in excess of
his actual authority, in favor of a person who
deals with him in good faith relying on such
apparent authority.
91. Doctrine of overbreadth.

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37

Consti. Law. [A]n exception to the

prohibition against third-party standing, [the
doctrine] permits a person to challenge a
statute on the ground that it violates the [free
speech] rights of third parties not before the
court, even though the law is constitutional as
applied to that defendant. In other words, the
overbreadth doctrine provides that: Given a
case or controversy, a litigant whose own
activities are unprotected may nevertheless
challenge a statute by showing that it
substantially abridges the [free speech] rights
of other parties not before the court.
[Chemerinsky, Consti. Law, p. 86, 2nd Ed.
(2002)]. Compare with Doctrine of void for
vagueness.
92. Doctrine of parens patriae (father of his
country).
The doctrine [referring] to the inherent
power and authority of the state to provide
protection of the person and property of a
person non sui juries. Under that doctrine, the
state has the sovereign power of guardianship
over persons under disability. Thus, the state is
considered the parens patriae of minors. [Govt.
of the P. I. v. Monte de Piedad, 35 Phil. 728].
93. Doctrine of pari delicto.

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38

[The doctrine under which] no recovery

can be made in favor of the plaintiffs for being
themselves guilty of violating the law. [Ponce v.
CA, GR L-49494 May 31, 1979].
94. Doctrine of part performance.
An equitable principle that allows a court
to recognize and enforce an oral contract
despite its legal deficiencies and provides a
way around the statutory bar to the
enforcement of an oral contract. By applying
the doctrine, a party can establish the
existence of a contract despite the lack of any
written evidence. Generally, without written
evidence, a contract does not satisfy the formal
requirements set by the legislature under the
statute of frauds. The doctrine is an exception
to this as it allows failure to comply with the
statute of frauds to be overcome by a partys
execution, in reliance on an opposing partys
oral
promise,
of an
oral
contracts
requirements.
95. Doctrine of piercing the veil of corporate
entity.
The doctrine used whenever a court
finds that the corporate fiction is being used to
defeat public convenience, justify wrong,
protect fraud, or defend crime, or to confuse
LEGAL MAXIMS

39

legitimate issues, or that a corporation is the

mere alter ego or business conduit of a person
or where the corporation is so organized and
controlled and its affairs are so conducted as
to make it merely an instrumentality, agency,
conduit or adjunct of another corporation.
[Indophil Textile Mill Workers Union v. Calica,
205 SCRA 697 (1992)].
96. Doctrine of political question.
[The] well-settled doctrine that political
questions are not within the province of the
judiciary, except to the extent that power to
deal with such questions has been conferred
upon the courts by express constitutional or
statutory provisions. [Taada v. Cuenco, GR L10520, Feb. 28, 1957].
97. Doctrine of preclusion of issues.
The doctrine un which issues actually
and directly resolved in a former suit cannot
again be raised in any future case between the
same parties involving a different cause of
action. [Borlongan v. Buenaventura, GR
167234, Feb. 27, 2006]. Also called Doctrine of
collateral estoppel.
98. Doctrine of prejudicial question.

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40

The doctrine [that] comes into play

generally in a situation where civil and criminal
actions are pending and the issues involved in
both cases are similar or so closely related that
an issue must be pre-emptively resolved in the
civil case before the criminal action can
proceed. Thus, the existence of a prejudicial
question in a civil case is alleged in the
criminal case to cause the suspension of the
latter pending final determination of the former.
[Quiambao v. Osorio, GR L-48157 Mar. 16,
1988].
99. Doctrine of presumed-identity approach.
Also called Doctrine of processual
presumption. Where a foreign law is not
pleaded or, even if pleaded, is not proved, the
presumption is that foreign law is the same as
ours. [EDI-Staffbuilders Internatl., v. NLRC, GR
145587, Oct. 26, 2007, 537 SCRA 409, 430].
100. Doctrine of presumption of regularity in
the performance of official duty.
The doctrine holding that every public
official, absent any showing of bad faith and
malice, is entitled to the presumption regularity
in the performance of official duties.
101. Doctrine of primary jurisdiction.
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41

Rem. Law. [The doctrine that holds that]

if the case is such that its determination
requires the expertise, specialized skills and
knowledge of the proper administrative bodies
because technical matters or intricate
questions of facts are involved, then relief must
first be obtained in an administrative
proceeding before a remedy will be supplied
by the courts even though the matter is within
the proper jurisdiction of a court. [Industrial
Enterprises, Inc. v. CA, GR 88550. Apr. 18,
1990].
102. Doctrine of prior restraint.
[The doctrine concerning] official
governmental restrictions on the press or other
forms of expression in advance of actual
publication or dissemination. [Bernas, The
1987 Consti. of the Rep. of the Phils., A
Commentary, 2003 ed., p. 225].

103. Doctrine of prior use.

The principle that prior use of a
trademark by a person, even in the absence of
a prior registration, will convert a claim of legal
appropriation by subsequent users.

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42

104. Doctrine of privileged communication.

1. [The doctrine] that utterances made
in the course of judicial proceedings, incl. all
kinds of pleadings, petitions and motions,
belong to the class of communications that are
absolutely privileged. [US v. Salera, 32 Phil.
365]. 2. [The doctrine that] statements made in
the course of judicial proceedings are
absolutely privileged that is, privileged
regardless of defamatory tenor and of the
presence of malice if the same are relevant,
pertinent, or material to the cause in hand or
subject of inquiry. [Tolentino v. Baylosis, 1
SCRA 396].
105. Doctrine of privity of contract.
Doctrine that provides that a contract
cannot confer rights or impose obligations
arising under it on any person or agent except
the parties to it. The basic premise is that only
parties to contracts should be able to sue to
enforce their rights or claim damages as such.
106. Doctrine of pro reo.
Rem. Law. [The doctrine that] where the
evidence on an issue of fact is in question or
there is doubt on which side the evidence
weighs, the doubt should be resolved in favor
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43

of the accused. [People v. Abarquez, GR

150762, 20 Jan. 2006, 479 SCRA 225, 239].
See Pro reo doctrine.
107. Doctrine of processual presumption.
[The doctrine holding that] if the foreign
law involved is not properly pleaded and
proved, our courts will presume that the foreign
law is the same as our local or domestic or
internal law. [Lim v. Collector, 36 Phil. 472].
108. Doctrine of promissory estoppel.
[The doctrine under which] an estoppel
may arise from the making of a promise, even
though without consideration, if it was intended
that the promise should be relied upon and in
fact it was relied upon, and if a refusal to
enforce it would be virtually to sanction the
perpetration of fraud or would result in other
injustice. In this respect, the reliance by the
promisee is generally evidenced by action or
forbearance on his part, and the Idea has been
expressed that such action or forbearance
would reasonably have been expected by the
promisor. Mere omission by the promisee to do
whatever the promisor promised to do has
been held insufficient forbearance to give rise
to a promissory estoppel. [Ramos v. Central

LEGAL MAXIMS

44

Bank of the Phils., GR L-29352, Oct. 4, 1971;

41 SCRA 565 at p. 588].
109. Doctrine of proper submission.
Consti. Law. 1. All the proposed
amendments to the Consti. shall be presented
to the people for the ratification or rejection at
the same time, not piecemeal. 2. Plebiscite
may be held on the same day as regular
election provided the people are sufficiently
informed of the amendments to be voted upon,
to conscientiously deliberate thereon, to
express their will in a genuine manner.
Submission of piece-meal amendments is
constitutional. All the amendments must be
submitted for ratification at one plebiscite only.
The people have to be given a proper frame of
reference in arriving at their decision. They
have no idea yet of what the rest of the
amended constitution would be. [Tolentino v.
Comelec, 41 SCRA 702].
110. Doctrine of protection against compulsory
disclosures.
[The doctrine that] no person could be
compelled to testify against himself or to
answer any question which would have had a
tendency to expose his property to a forfeiture
or to form a link in a chain of evidence for that
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45

purpose, as well as to incriminate him. [Cabal

v. Kapunan, Jr., GR L-19052, Dec. 29, 1962].
111. Doctrine of proximate cause.
The [doctrine stating that] proximate
legal cause is that acting first and producing
the injury, either immediately or by settling
other events in motion, all constituting a
natural and continuous chain of events, each
having a close causal connection with its
immediate predecessor, the final event in the
chain immediately affecting the injury as a
natural and probable result of the cause which
first acted, under such circumstances that the
person responsible for the first event should,
as an ordinarily prudent and intelligent person,
have reasonable ground to expect at the
moment of his act or default that an injury to
some person might probably result therefrom.
[Vda. de Bataclan v. Medina, GR L-10126, Oct.
22, 1957].
112. Doctrine of public policy.
[The doctrine under which], as applied
to the law of contracts, courts of justice will not
recognize or uphold a transaction when its
object, operation, or tendency is calculated to
be prejudicial to the public welfare, to sound
morality or to civic honesty. [Cui v. Arellano
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46

University, GR L-15127, 30 May 1961, 2 SCRA

205, 209].

113. Doctrine of purposeful hesitation.

[The doctrine that charges every court,
including ths Sup. Court,] with the duty of a
purposeful hesitation before declaring a law
unconstitutional, on the theory that the
measure was first carefully studied by the
executive and legislative departments and
determined by them to be in accordance with
the fundamental law before it was finally
approved. [Drilon v. Lim, 235 SCRA 135
(1994)].
114. Doctrine of qualification.
Conf. of Laws. The process of deciding
whether or not the facts relate to the kind of
question specified in a conflicts rule. The
purpose of characterization is to enable the
court of the forum to select the proper law.
[Agpalo, Conflict of Laws, p. 18]. See
Characterization.
115. Doctrine of qualified political agency.

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47

Pol. Law. The doctrine which holds that,

as the Pres. cannot be expected to exercise
his control powers all at the same time and in
person, he will have to delegate some of them
to his Cabinet members, who in turn and by his
authority, control the bureaus and other offices
under their respective jurisdictions in the
executive department. [Carpio v. Exec. Sec.,
GR 96409. Feb. 14, 1992].

116. Doctrine of quantum meruit.

Lat. As much as one deserves.
[Doctrine that] prevents undue enrichment
based on the equitable postulate that it is
unjust for a person to retain benefit without
paying for it. [See Soler v. CA, 410 Phil. 264,
273 (2001)].
117. Doctrine of qui facit per alium.
See Doctrine of respondeat superior.
118. Doctrine of ratification in agency.
[The doctrine pertaining to] the adoption
or confirmation by one person of an act
performed on his behalf by another without
authority. The substance of the doctrine is
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48

confirmation after conduct, amounting to a

substitute for a prior authority. [Manila
Memorial Park Cemetery, Inc. v. Linsangan,
GR 151319, Nov. 22, 2004, 443 SCRA 394395].
119. Doctrine of rational equivalence.
[The] reasonable necessity of the
means employed [to repel the unlawful
aggression]
does
not
imply
material
commensurability between the means of attack
and defense [but] [w]hat the law requires is
rational equivalence, in the consideration of
which will enter the principal factors of the
emergency, the imminent danger to which the
person attacked is exposed, and the instinct,
more than the reason, that moves or impels
the defense, and the proportionateness thereof
does not depend upon the harm done, but
rests upon the imminent danger of such injury.
[People v. Gutual, 324 Phil. 244, 259-260
(1996)].
120. Doctrine of relations back.
That principle of law by which an act
done at one time is considered by a fiction of
law to have been done at some antecedent
period. It is a doctrine which, although of
equitable origin, has a well recognized
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49

application to proceedings at law; a legal

fiction invented to promote the ends of justice
or to prevent injustice end the occurrence of
injuries where otherwise there would be no
remedy. The doctrine, when invoked, must
have connection with actual fact, must be
based on some antecedent lawful rights. It has
also been referred to as the doctrine of
relation back. [Allied Banking Corp. v. CA, GR
85868. Oct. 13, 1989]. Also called Doctrine of
relation back.
121. Doctrine of renvoi.
Fr. Refer back. The process by which a
court adopts the rules of a foreign jurisdiction
with respect to any conflict of laws that arises.
In some instances, the rules of the foreign
state might refer the court back to the law of
the forum where the case is being heard.
122. Doctrine of res gestae.
Lat. Things done. Doctrine that is a
recognized exception to the rule against
hearsay evidence based on the belief that,
because certain statements are made
naturally,
spontaneously,
and
without
deliberation during the course of an event, they
leave little room for misunderstanding or
misinterpretation upon hearing by someone
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50

else, i.e., by the witness, who will later repeat

the statement to the court, and thus the courts
believe that such statements carry a high
degree of credibility.
123. Doctrine of res ipsa loquitur.
Lat. The thing itself speaks. A doctrine
of law that one is presumed to be negligent if
he had exclusive control of whatever caused
the injury even though there is no specific
evidence of an act of negligence, and without
negligence the accident would not have
happened.
124. Doctrine of res judicata.
The doctrine [that] has 2 aspects. The
first is the effect of a judgment as a bar to the
prosecution of a second action upon the same
claim, demand or cause of action. The second
aspect is that it precludes the relitigation of a
particular fact or issues in another action
between the same parties on a different claim
or cause of action. [Lopez v. Reyes, GR L29498, Mar. 31, 1977, 76 SCRA 179].
125. Doctrine of res perit domino.
Lat. The thing is lost to the owner. The
doctrine that states that when a thing is lost or
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51

destroyed, it is lost to the person who was the

owner of it at the time.
126. Doctrine of respect for administrative or
practical construction.
See Respect for administrative
practical construction doctrine.

or

127. Doctrine of respondeat superior.

Lat. Let the master answer. A legal
doctrine which states that, in many
circumstances, an employer is responsible for
the actions of employees performed within the
course of their employment.

128. Doctrine of ripeness for judicial review.

This [doctrine] determines the point at
which courts may review administrative action.
The basic principle of ripeness is that the
judicial machinery should be conserved for
problems which are real and present or
imminent and should not be squandered on
problems which are future, imaginary or
remote. [Mamba v. Lara, GR 165109, Dec. 14,
2009].

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52

129. Doctrine of secondary meaning.

The doctrine [under which] a word or
phrase originally incapable of exclusive
appropriation with reference to an article in the
market, because geographical or otherwise
descriptive might nevertheless have been used
so long and so exclusively by one producer
with reference to this article that, in that trade
and to that group of the purchasing public, the
word or phrase has come to mean that the
article was his produce. [Ang v. Teodoro, 74
Phil. 56].
130. Doctrine of self-help.
The doctrine enunciated in Art. 429 of
the Civ. Code which provides: The owner or
lawful possessor of a thing has the right to
exclude any person from the enjoyment and
disposal thereof. For this purpose, he may use
such force as may be reasonably necessary to
repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his
property.

131. Doctrine of separability.

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53

[The doctrine that] enunciates that an

arbitration agreement is independent of the
main contract. The arbitration agreement is to
be treated as a separate agreement and the
arbitration agreement does not automatically
terminate when the contract of which it is part
comes to an end. [Gonzales v. Climax Mining
Ltd., GR 161957, Jan. 22, 2007].
132. Doctrine of separation of church and
state.
The doctrine enshrined in Sec. 6, Art. II
of the 1987 Phil. Consti. which provides that:
The separation of Church and State shall be
inviolable. The idea advocated by this
principle is to delineate the boundaries
between the two institutions and thus avoid
encroachments by one against the other
because of a misunderstanding of the limits of
their respective exclusive jurisdictions. [Austria
v. NLRC, GR 124382, 16 August 1999].
133. Doctrine of separation of powers.
A basic postulate that forbids one
branch of government to exercise powers
belonging to another co-equal branch; or for
one branch to interfere with the others
performance of its constitutionally-assigned
functions. [Velasco, Jr., concurring op., Neri v.
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54

Senate Committee on Accountability of Public

Officers and Investigations, GR 180643, Mar.
25, 2007].
134. Doctrine of severability.
See Doctrine of separability.
135. Doctrine of shifting majority.
For each House of Congress to pass a
bill, only the votes of the majority of those
present in the session, there being a quorum,
is required.
136. Doctrine of sole and
competence of the labor tribunal.

exclusive

Labor. The doctrine that recognizes the

Labor Arbiters exclusive jurisdiction to hear
and decide the following cases involving all
workers, whether agricultural or nonagricultural: (1) Unfair labor practice cases; (2)
Termination disputes; (3) If accompanied with
a claim for reinstatement, those cases that
workers may file involving wages, rate of pay,
hours of work and other terms and conditions
of employment; (4) Claims for actual, moral,
exemplary and other forms of damages arising
from the employer-employee relations; (5)
Cases arising from any violation of Art. 264 of
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the Labor Code, including questions involving

the legality of strikes and lockouts; and (6)
Except claims for employees compensation,
social security, medicare and maternity
benefits, all other claims arising from
employer-employee relations, including those
of persons in domestic or household service,
involving an amount exceeding P5,000.00,
whether or not accompanied with a claim for
reinstatement. [From Art. 217, LC].
137. Doctrine of sovereign immunity.
1. [Doctrine] expressly provided in Art.
XVI of the 1987 Consti., viz: Sec. 3. The State
may not be sued without its consent. 2. [The
doctrine which holds that] a sovereign is
exempt from suit, not because of any formal
conception or obsolete theory, but on the
logical and practical ground that there can be
no legal right as against the authority that
makes the law on which the right depends.
Also called Doctrine of non-suability.
138. Doctrine of stale demands.
Also Doctrine of laches. 1. [A doctrine]
based upon grounds of public policy which
requires, for the peace of society, the
discouragement of stale claims and x x x is
principally a question of the inequity or
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unfairness of permitting a right or claim to be

enforced or asserted. [Tijam v. Sibonghanoy,
23 SCRA 29 (1968)]. 2. The time-honored rule
anchored on public policy that relief will be
denied to a litigant whose claim or demand has
become stale, or who has acquiesced for an
unreasonable length of time, or who has not
been vigilant or who has slept on his rights
either by negligence, folly or inattention.
[Arradaza v. CA, 170 SCRA 12, 20 (1989)].
139. Doctrine of stare decisis.
Also called the Doctrine of adherence to
judicial precedents. [The] doctrine [that]
enjoins adherence to judicial precedents. It
requires courts in a country to follow the rule
established in a decision of its Sup. Court. That
decision becomes a judicial precedent to be
followed in subsequent cases by all courts in
the land. [Phil. Guardians Brotherhood, Inc.
(PGBI) v. Comelec, GR 190529, Apr. 29,
2010].
140. Doctrine of stare decisis et non quieta
movere.
Lat. To adhere to precedents and not to
unsettle things which are established. The
doctrine [that] enjoins adherence to judicial
precedents. It requires courts in a country to
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follow the rule established in a decision of the

Supreme Court thereof. That decision
becomes a judicial precedent to be followed in
subsequent cases by all courts in the land. The
doctrine of stare decisis is based on the
principle that once a question of law has been
examined and decided, it should be deemed
settled and closed to further argument. [Fermin
v. People, GR 157643, Mar. 28, 2008, 550
SCRA 132].
141. Doctrine of State immunity.
[The doctrine under which] a State
cannot be sued in the courts of another State,
without its consent or waiver. [Jusmag Phils. v.
NLRC, GR 108813 Dec. 15, 1994].
142. Doctrine of state responsibility to aliens.
Intl. Law. The doctrine under which a
state is under obligation to make reparation to
another state for the failure to fulfill its primary
obligation to afford; in accordance with
international law, the proper protection due to
an alien who is a national of the latter state.
See also State responsibility doctrine.
143. Doctrine of statistical improbability.

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Also known as Lagumbay doctrine.

[Lagumbay v. Comelec, 16 SCRA 175 (1966)].
Elec. Law. The doctrine [that] is applied only
where the unique uniformity of tally of all the
votes cast in favor of all the candidates
belonging to one party and the systematic
blanking of all the candidates of all the
opposing parties appear in the election return.
[Sinsuat v. Pendatun, GR L-31501, June 30,
1970, 33 SCRA 630].
144. Doctrine of strained relations.
Labor.
[The
rule]
that
where
reinstatement is not feasible, expedient or
practical, as where reinstatement would only
exacerbate the tension and strained relations
bet. the parties, or where the relationship bet.
the employer and employee has been unduly
strained by reason of their irreconcilable
differences, particularly where the illegally
dismissed employee held a managerial or key
position in the company, it would be more
prudent to order payment of separation pay
instead of reinstatement. [Quijano v. Mercury
Drug Corp., GR 126561. July 8, 1998].
145. Doctrine of subrogation.
The principle [that] covers a situation
wherein an insurer [who] has paid a loss under
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an insurance policy is entitled to all the rights

and remedies belonging to the insured against
a 3rd party with respect to any loss covered by
the policy. It contemplates full substitution such
that it places the party subrogated in the shoes
of the creditor, and he may use all means that
the creditor could employ to enforce payment.
[Keppel Cebu Shipyard, Inc. v. Pioneer Ins.
and Surety Corp., GR 180880-81 & 18089697, Sept. 25, 2009, 601 SCRA 96, 141-142].

146. Doctrine of supervening event.

The doctrine under which facts and
events transpiring after the judgment or order
had become final and executory [which
circumstances] affect or change the substance
of the judgment and render its execution
inequitable would justify the suspension or
nullification of such final and executory
judgment or order.
147. Doctrine of supervening negligence.
Also Doctrine of discovered peril. The
doctrine x x x to the effect that where both
parties are negligent, but the negligent act of
one is appreciably later in time than that of the
other, or when it is impossible to determine
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whose fault or negligence should be attributed

to the incident, the one who had the last clear
opportunity to avoid the impending harm and
failed to do so is chargeable with the
consequences thereof. [Picart v. Smith, 37
Phil. 809]. [A]n antecedent negligence of a
person does not preclude the recovery of
damages for supervening negligence of, or bar
a defense against the liability sought by,
another if the latter, who had the last fair
chance, could have avoided the impending
harm by the exercise of due diligence.
[Pantranco North Express, Inc. v. Baesa, 179
SCRA 384].

148. Doctrine of the law of the case.

That
principle
under
which
determination of questions of law will generally
be held to govern a case throughout all its
subsequent stages where such determination
has already been made on a prior appeal to a
court of last resort. It is merely a rule of
procedure and does not go to the power of the
court, and will not be adhered to where its
application will result in an unjust decision. It
relates entirely to questions of law, and is
confined in its operation to subsequent
proceedings in the same case. [Villa v.
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Sandiganbayan, GR 87186, Apr. 24, 1992, 208

SCRA 283, 295-296].
149. Doctrine of the proper law.
Conf. of Laws. The doctrine applied in
the choice of law stage of a lawsuit involving
the conflict of laws. In a conflicts lawsuit, one
or more statelaws will be relevant to the
decision-making process. If the laws are the
same, this will cause no problems, but if there
are substantive differences, the choice of
which law to apply will produce a different
judgment. Each state therefore produces a set
of rules to guide the choice of law, and one of
the most significant rules is that the law to be
applied in any given situation will be the proper
law. This is the law which seems to have the
closest and most real connection to the facts of
the case, and so has the best claim to be
applied.
150. Doctrine of the real and hypothecary
nature of maritime law.
Mar. Ins. [The rule that] a ship owners
liability is merely co-extensive with his interest
in the vessel, except where actual fault is
attributable to the shipowner. [Aboitiz Shipping
Corp. v. CA, GR 121833, Oct. 17, 2008].

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151. Doctrine of the third group.

[The doctrine] to the effect that the right
of the owner of the shares of stock of a Phil.
Corp. to transfer the same by delivery of the
certificate, whether it be regarded as statutory
on common law right, is limited and restricted
by the express provision that no transfer,
however, shall be valid, except as between the
parties, until the transfer is entered and noted
upon the books of the corporation. [Uson v.
Diosomito, GR L-42135, June 17, 1935].
152. Doctrine of ultimate consumption.
Goods intended for civilian use which
may ultimately find their way and be consumed
by belligerent forces, may be seized on the
way. See Ultimate consumption doctrine.

153. Doctrine of ultimate destination.

The final destination in the territory of an
enemy or under its control making goods
contraband under the doctrine of continuous
voyage. See Ultimate destination doctrine.

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154. Doctrine of ultra vires.

Lat. Beyond the powers. The doctrine in
the law of corporations that holds that if a
corporation enters into a contract that is
beyond the scope of its corporate powers, the
contract is illegal.
155. Doctrine of unforeseen events.
The doctrine enunciated by Art. 1267 of the
Civ. Code [which] is not an absolute application
of the principle of rebus sic stantibus [that] would
endanger the security of contractual relations.
[So v. Food Fest land, Inc., GR 183628 &
183670. Apr. 7, 2010]. Art. 1267 provides: When
the service has become so difficult as to be
manifestly beyond the contemplation of the
parties, the obligor may also be released
therefrom, in whole or in part.
156. Doctrine of vagueness.
An aspect of the due process requirement
of notice, [which] holds that a law is facially
invalid if persons of common intelligence must
necessarily guess as at its meaning and differ as
to its application.
157. Doctrine of vicarious liability.
A legal doctrine that assigns liability for an
injury to a person who did not cause the injury
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but who has a particular legal relationship to the

person who did act negligently. Also referred to
as Imputed negligence.
158. Doctrine of void for vagueness.
Consti. Law. [The doctrine that] is most
commonly stated to the effect that a statute
establishing a criminal offense must define the
offense with sufficient definiteness that persons
of ordinary intelligence can understand what
conduct is prohibited by the statute. It can only be
invoked against that specie of legislation that is
utterly vague on its face, i.e., that which cannot
be clarified either by a saving clause or by
construction. [Estrada v. Sandiganbayan, GR.
148560, 19 Nov. 2001]. Compare with Doctrine of
overbreadth.

159. Doctrine of volenti non fit injuria.

[The doctrine that] refers to self-inflicted
injury or to the consent to injury which
precludes the recovery of damages by one
who has knowingly and voluntarily exposed
himself to danger, even if he is not negligent in
doing so. [Nikko Hotel Manila Garden v.
Reyes, GR 154259, Feb. 28, 2005].
160. Doctrine of waiver.
A doctrine resting upon an equitable
principle which courts of law will recognize,
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65

that a person, with full knowledge of the facts

shall not be permitted to act in a manner
inconsistent with his former position or conduct
to the injury of another, a rule of judicial policy,
the legal outgrowth of judicial abhorrence so to
speak, of a persons taking inconsistent
positions and gaining advantages thereby
through the aid of courts. [Lopez v. Ochoa, GR
L-7955, May 30, 1958].
161. Doctrine of waiver of double jeopardy.
[The doctrine that holds that] when the
case is dismissed with the express consent of
the defendant, the dismissal will not be a bar to
another prosecution for the same offense;
because, his action in having the case
dismissed constitutes a waiver of his
constitutional right or privilege, for the reason
that he thereby prevents the court from
proceeding to the trial on the merits and
rendering a judgment of conviction against
him. [People v. Salico, 84 Phil. 722 (1949)].

Latin legal maxims (A to Z)

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66

A
A mensa et thoro - From bed and board.
A vinculo matrimonii - From the bond of
matrimony.
Ab extra - From outside.
Ab initio - From the beginning.
Absoluta sententia expositore non indiget - An
absolute judgment needs no expositor.
Abundans cautela non nocet - Abundant caution
does no harm.
Accessorium non ducit sed sequitur suum principale
- An accessory does not draw, but follows its
principal.
Accessorius sequitur - One who is an accessory to
the crime cannot be guilty of a more serious crime
than the principal offender.
Acta exteriora iudicant interiora secreta - Outward
acts indicate the inward intent.
Actio non accrevit infra sex annos - The action has
not accrued within six years.
Actio non datur non damnificato - An action is not
given to one who is not injured.
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67

Actio personalis moritur cum persona - A personal

action dies with the person.
Actiones legis - Law suits.
Actori incumbit onus probandi - The burden of
proof lies on the plaintiff.
Actus nemini facit injuriam - The act of the law
does no one wrong.
Actus non facit reum nisi mens sit rea - The act
does not make one guilty unless there be a criminal
intent.
Actus reus - A guilty deed or act.
Ad ea quae frequentius acciduunt jura adaptantur The laws are adapted to those cases which occur
more frequently.
Ad hoc - For this purpose.
Ad infinitum - Forever, without limit, to infinity.
Ad perpetuam rei memoriam - For a perpetual
memorial of the matter.
Ad quaestionem facti non respondent judices; ad
quaestionem legis non respondent juratores - The
judges do not answer to a question of fact; the jury
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68

do not answer to a question of Law.

Aedificare in tuo proprio solo non licet quod alteri
noceat - It is not lawful to build on one's own land
what may be injurious to another.
Aequitas legem sequitur - Equity follows the law.
Aequitas nunquam contravenit legem - Equity never
contradicts the law.
Alibi - At another place, elsewhere.
Alienatio rei praefertur juri accrescendi - Alienation
is preferred by law rather than accumulation.
Aliunde - From elsewhere, or, from a different
source
Allegans contraria non est audiendus - One making
contradictory statements is not to be heard.
Allegans suam turpitudinem non est audiendus One alleging his own infamy is not to be heard.
Allegatio contra factum non est admittenda - An
allegation contrary to a deed is not to be heard.
Ambiguitas contra stipulatorem est - An ambiguity
is most strongly construed against the party using
it.

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69

Ambiguitas verborum patens nulla verificatione

excluditur - A patent ambiguity is never helped by
averment.
Amicus curiae - A friend of the Court.
Angliae jura in omni casu libertati dant favorem The laws of England are favorable in every case to
liberty.
Animo furandi - With an intention of stealing.
Animo testandi - With an intention of making a will.
Annus luctus - The year of mourning.
Ante - Before.
Aqua currit et debet currere, ut currere solebat Water runs and ought to run.
Arbitrium est judicium - An award is a judgment.
Arbor dum crescit; lignum cum crescere nescit - A
tree while it grows, wood when it cannot grow.
Argumentum ab auctoritate fortissimum est in lege An argument drawn from authority is the strongest
in law.
Argumentum ab impossibilii plurimum valet in lege
- An argument from impossibility is very strong in
law.

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70

Argumentum ad hominem - An argument directed a

the person.
Argumentum ad ignoratiam - An argument based
upon ignorance (i.e. of one's adversary).
Arma in armatos sumere jura sinunt - The laws
permit the taking up of arms against the armed.
Assentio mentium - The meeting of minds, i.e.
mutual assent.
Assignatus utitur jure auctoris - An assignee is
clothed with rights of his assignor.
Audi alteram partem - Hear the other side.
Aula regis - The King's Court.

B
Benignior sententia in verbis generalibus seu dubiis
est preferenda - The more favorable construction is
to be placed on general or doubtful words.
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Bis dat qui cito dat - He gives (pays) twice who

pays promptly.
Bona fide - Sincere, in good faith
Bona vacantia - Goods without an owner
Boni judicis est ampliare jurisdictionem - It is the
part of a good judge to enlarge his jurisdiction, i.e.
remedial authority.
Boni judicis est judicium sine dilatione mandare
executioni - It is the duty of a good judge to cause
execution to issue on a judgment without delay.
Boni judicis lites dirimere est - It is the duty of a
good judge to prevent litigation.
Bonus judex secundum aequum et bonum judicat et
aequitatem stricto juri praefert - A good judge
decides according to justice and right and prefers
equity to strict law.
Breve judiciale non cadit pro defectu formae - A
judicial writing does not fail through defect of form.
C
Cadit quaestio - The matter admits of no further
argument.

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Cassetur billa (breve) - Let the writ be quashed.

Casus fortuitus non est spectandus; et nemo tenetur
divinare - A fortuitous event is not to be foreseen
and no person is bound to divine it.
Catalla reputantur inter minima in lege - Chattels
are considered in law among the minor things.
Causa proxima, non remota spectatur - The
immediate, and not the remote cause is to be
considered.
Caveat emptor - Let the purchaser beware.
Caveat venditor - Let the seller beware.
Cepi corpus et est languidum - I have taken the
body and the prisoner is sick.
Cepi corpus et paratum habeo - I have taken the
body and have it ready.
Ceteris paribus - Other things being equal.
Consensu - Unanimously or, by general consent.
Consensus ad idem - Agreement as to the same
things.
Consuetudo loci observanda est - The custom of the
place is to be observed.
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Contemporanea expositio est optima et fortissima in

lege - A contemporaneous exposition is best and
most powerful in law.
Contra - To the contrary.
Contra bonos mores - Against good morals.
Contra non valentem agere nulla currit praescriptio
- No prescription runs against a person not able to
act.
Contractus est quasi actus contra actum - A contract
is an act as it were against an act.
Conventio et modus vincunt legem - A contract and
agreement overcome the law.
Conventio privatorum non potest publico juri
derogare - An agreement of private persons cannot
derogate from public right.
Coram Domino Rege - In the presence of our Lord
the King.
Coram non judice - Before one who is not a judge.
Corpus - Body.
Corpus delicti - The body, i.e. the gist of crime.
Corpus humanum non recipit aestimationem - A
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human body is not susceptible of appraisement.

Crescente malitia crescere debet et poena - Vice
increasing, punishment ought also to increase.
Crimen omnia ex se nata vitiat - Crime vitiates
every thing, which springs from it.
Crimen trahit personam - The crime carries the
person.
Cujus est dare, ejus est disponere - He who has a
right to give has the right to dispose of the gift.
Cujus est solum, ejus est usque ad coelam; et ad
inferos - He who owns the soil owns it up to the sky;
and to its depth.
Cum duo inter se pugnantia reperiuntur in
testamentis ultimum ratum est - When two things
repugnant to each other are found in a will, the last
is to be confirmed.
Cursus curiae est lex curiae - The practice of the
court is the law of the court.
Custos morum - A guardian of morals.
D
Damnum sine injuria - damage without legal injury.
De bonis asportatis - Of goods carried away.
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75

De bonis non administratis - Of goods not

administered.
De die in diem - From day to day.
De facto - In fact.
De futuro - In the future.
De integro - As regards the whole.
De jure - Rightful, by right.
De minimis lex non curat - The law does not notice
trifling matters.
De novo - Starting afresh.
Debile fundamentum fallit opus - Where there is a
weak foundation, the work fails.
Debita sequuntur personam debitoria - Debts follow
the person of the debtor.
Debitor non praesumitur donare - A debtor is not
presumed to make a gift.
Debitum et contractus sunt nullius loci - Debt and
contract are of no particular place.
Debitum in praesenti, solvendum in futuro - A
present debt is to be discharged in the future.
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Delegata potestas non potest delegari - A delegated

authority cannot be again delegated.
Derivativa potestas non potest esse major primitiva
- The power which is derived cannot be greater
than that from which it is derived.
Deus solus haeredem facere potest, non homo God alone, not man, can make an heir.
Dies Dominicus non est juridicus - Sunday is not a
day in law.
Discretio est discernere per legem quid sit justum Discretion is to discern through law what is just.
Doli incapax - Incapable of crime.
Dominium - Ownership.
Domus sua cuique est tutissimum refugium - Every
man s house is his safest refuge.
Dona clandestina sunt semper suspiciosa Clandestine gifts are always suspicious.
Dormiunt leges aliquando, nunquam moriuntur The laws sometimes sleep, but never die.
Doti lex favet; praemium pudoris est; ideo parcatur
- The law favors dower; it is the reward of chastity,
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therefore let it be preserved.

Dubitante - Doubting the correctness of the
decision.
Duo non possunt in solido unam rem possidere Two cannot possess one thing each in entirety.

E
Ei incumbit probatio qui - The onus of proving a
fact rests upon the man.
Ei incumbit probatio qui dicit, non qui negat - The
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burden of the proof lies upon him who affirms, not

he who denies.
Error, qui non resistitur approbatur - An error not
resisted is approved.
Et cetera - Other things of that type.
Ex cathedra - With official authority.
Ex concessis - In view of what has already been
accepted
Ex dolo malo actio non oritur - A right of action
cannot arise out of fraud.
Ex facie - On the fact of it.
Ex gratia - Out of kindness, voluntary.
Ex nihilo nil fit - From nothing nothing comes.
Ex nudo pacto actio non oritur - No action arises on
a contract without a consideration.
Ex parte - Proceeding brought by one person in the
absence of another.
Ex post facto - By reason of a subsequent act.
Ex praecedentibus et consequentibus optima fit
interpretatio - The best interpretation is made from
things preceding and following.
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79

Ex turpi causa non oritur actio - No action arises on

an immoral contract.
Exceptio probat regulam - An exception proves the
rule.
Executio est executio juris secundum judicium Execution is the fulfillment of the law in accordance
with the judgment.
Executio est finis et fructus legis - An execution is
the end and the fruit of the law.
Executio legis non habet injuriam - Execution of the
law does no injury.
Extra legem positus est civiliter mortuus - One out
of the pale of the law (i.e. an outlaw) is civilly dead.

F
Faciendum - Something which is to be done.
Factum - An act or deed.
Facultas probationum non est angustanda - The
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right of offering proof is not to be narrowed.

Falsa demonstratio non nocet - A false description
does not vitiate.
Fatetur facinus qui judicium fugit - He who flees
judgment confesses his guilt.
Felix qui potuit rerum cognoscere causas - Happy is
he who has been able to understand the causes of
things.
Felonia implicatur in qualibet proditione - Felony is
implied in every treason.
Festinatio justitiae est noverca infortunii - The
hurrying of justice is the stepmother of misfortune.
Fictio cedit veritati; fictio juris non est, ubi veritas Fiction yields to truth. Where truth is, fiction of law
does not exist.
Fides servanda est - Good faith is to be preserved.
Fieri facias (abreviated fi. fa.) - That you cause to
be made.
Filiatio non potest probari - Filiation cannot be
proved.
Firmior et potentior est operatio legis quam
dispositio hominis - The operation of law is firmer
and more powerful than the will of man.
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81

Forma legalis forma essentialis est - Legal form is

essential form.
Fortior est custodia legis quam hominis - The
custody of the law is stronger than that of man.
Fractionem diei non recipit lex - The law does not
regard a fraction of a day.
Fraus est celare fraudem - It is a fraud to conceal a
fraud.
Fraus est odiosa et non praesumenda - Fraud is
odious and is not to be presumed.
Fraus et jus nunquam cohabitant - Fraud and
justice never dwell together.
Fructus naturales - Vegetation which grows
naturally without cultivation.
Frustra probatur quod probatum non relevat - That
is proved in vain which when proved is not relevant.
Furor contrahi matrimonium non sinit, quia
consensus opus est - Insanity prevents marriage
from being contracted because consent is needed.

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G
Generale nihil certum implicat - A general
expression implies nothing certain.
Generalia praecedunt, specialia sequuntur - Things
general precede, things special follow.

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83

Generalia specialibus non derogant - Things

general do not derogate from things special.
Generalis regula generaliter est intelligenda - A
general rule is to be generally understood.
Gravius est divinam quam temporalem laedere
majestatem - It is more serious to hurt divine than
temporal majesty.

H
Habeas corpus - That you have the body.
Habemus optimum testem confitentem reum - We
have the best witness, a confessing defendant.
Haeredem est nomen collectum - Heir is a
collective name.
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Haeres est nomen juris, filius est nomen naturae Heir is a term of law, son, one of nature.
Haeres legitimus est quem nuptiae demonstrant He is the lawful heir whom the marriage indicates.
Homo vocabulum est naturae; persona juris civilis Man is a term of nature, person of the civil law.

I
Id est (i.e) - That is.
Id quod commune est, nostrum esse dicitur - That
which is common is said to be ours.
Idem - The same person or thing.
Idem nihil dicere et insufficienter dicere est - It is
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the same to say nothing as not to say enough.

Ignorantia facti excusat, ignorantia juris non excusat
- Ignorance of fact excuses, ignorance of law does
not excuse.
Imperium in imperio - A sovereignty within a
sovereignty.
Impotentia excusat legem - Impossibility is an
excuse in the law.
Impunitas semper ad deteriora invitat - Impunity
always leads to greater crimes.
In aequali jure melior est conditio possidentis When the parties have equal rights, the condition of
the possessor is better.
In alta proditione nullus potest esse acessorius; sed
principalis solum modo - In high treason no one
can be an accessory; but a principal only.
In Anglia non est interregnum - In England there is
no interregnum.
In camera - In private.
In casu extremae necessitatis omnia sunt communia
- In a case of extreme necessity everything is
common.
In criminalibus probationes debent esse luce
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86

clariores - In criminal cases the proofs ought to be

cleared than the light.
In curia domini regis, ipse in propria persona jura
discernit - In the King s Court, the King himself in
his own person dispenses justice.
In delicto - At fault.
In esse - In existence.
In extenso - At full length.
In fictione legis aequitas existit - A legal fiction is
consistent with equity.
In foro conscientiae - In the forum of conscience.
In futoro - In the future.
In jure non remota causa sed proxima spectatur - In
law not the remote but the proximate cause is
looked at.
In limine - At the outset, on the threshold.
In loco parentis - In place of the parent.
In mortua manu - In a dead hand.
In novo casu novum remedium apponendum est - In
a new case a new remedy is to be applied.

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In omni re nascitur res quae ipsam rem exterminat In everything is born that which destroys the thing
itself.
In omnibus - In every respect.
In pari delicto potior est conditio possidentis When the parties are equally in the wrong the
condition of the possessor is better.
In personam - Against the person.
In pleno - In full.
In quo quis delinquit in eo de jure est puniendus In whatever thing one offends in that he is to be
punished according to law.
In re dubia magis inficiatio quam affirmatio
intelligenda - In a doubtful matter the negative is to
be understood rather than the affirmative.
In republica maxime conservanda sunt jura belli In a State the laws of war are to be especially
observed.
In situ - In its place.
In terrorem - As a warning or deterrent.
In testamentis plenius testatoris intentionem
scrutamur - In wills we seek diligently the intention
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88

of the testator.
In traditionibus scriptorum non quod dictum est, sed
quod gestum est, inspicitur - In the delivery of
writings (deeds), not what is said but what is done
is to be considered.
In verbis, non verba sed res et ratio quaerenda est In words, not words, but the thing and the meaning
are to be inquired into.
Indicia - Marks, signs.
Injuria non excusat injuriam - A wrong does not
excuse a wrong.
Intentio inservire debet legibus, non leges intentioni
- Intention ought to be subservient to the laws, not
the laws to the intention.
Inter alia - Amongst other things.
Interest reipublicae res judicatas non rescindi - It is
in the interest of the State that things adjudged be
not rescinded.
Interest reipublicae suprema hominum testamenta
rata haberi - It is in the interest of the State that men
s last wills be sustained.
Interest reipublicae ut quilibet re sua bene utatur - It
is in the interest of the State that every one use
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properly his own property.

Interest reipublicase ut sit finis litium - It is in the
interest of the State that there be an end to
litigation.
Interim - Temporary, in the meanwhile.
Interpretare et concordare leges legibus est optimus
interpretandi modus - To interpret and harmonize
laws is the best method of interpretation.
Interpretatio fienda est ut res magis valeat quam
pereat - Such a construction is to be made that the
thing may have effect rather than it should fail.
Interruptio multiplex non tollit praescriptionem
semel obtentam - Repeated interruption does not
defeat a prescription once obtained.
Invito beneficium non datur - A benefit is not
conferred upon one against his consent.
Ipsissima verba - The very words of a speaker.
Ipso facto - By that very fact.
Ira furor brevis est - Anger is brief insanity.
Iter arma leges silent - In war the laws are silent.

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90

J
Judex est lex loquens - A judge is the law speaking.
Judex non potest esse testis in propira causa - A
judge cannot be witness in his own cause.
Judex non potest injuriam sibi datam punire - A
judge cannon punish a wrong done to himself.
Judex non reddit plus quam quod petens ipse
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91

requirit - A judge does not give more than the

plaintiff himself demands.
Judiciis posterioribus fides est adhibenda - Faith
must be given to later decisions.
Judicis est judicare secundum allegata et probata It is the duty of a judge to decide according to the
allegations and the proofs.
Judicium non debet esse illusorium, suum effectum
habere debet - A judgment ought not to be illusory;
it ought to have its proper effect.
Juduces non tenentur exprimere causam sententiae
suae - Judges are not bound to explain the reason of
their judgment.
Jura naturae sunt immutabilia - The laws of nature
are immutable.
Jura publica anteferenda privatis juribus - Public
rights are to be preferred to private rights.
Juramentum est indivisibile et non est admittendum
in parte verum et in parte falsum - An oath is
indivisible and it is not to be held partly true and
partly false.
Jurare est Deum in testem vocare, et est actus divini
cultus - To swear is to call God to witness and is an
act of divine worship.
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Jus - A right that is recognised in law.

Jus accrescendi praefertur oneribus - The right of
survivorship is preferred to incumbrances.
Jus ad rem; jus in re - A right to a thing; a right in a
thing.
Jus dicere, non jus dare - To declare the law, not to
make the law.
Jus est norma recti; et quicquid est contra normam
recti est injuria - The law is a rule of right; and
whatever is contrary to a rule of right is an injury.
Jus naturale - Natural justice.
Jus naturale est quod apud omnes homines eandem
habet potentiam - Natural right is that which has
the same force among all men.
Jus scriptum aut non scriptum - The written law or
the unwritten law.
Jusjurandum inter alios factum nec nocere nec
prodesse debet - An oath made between third
parties ought neither to hurt nor profit.
Justitia est duplec; severe puniens et vere
praeveniens - Justice is two-fold; severely punishing
and in reality prohibiting (offences).

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Justitia firmatur solium - The throne is established

by justice.
Justitia nemini neganda est - Justice is to be denied
to no one.

L
Leges posteriores priores contrarias abrogant Subsequent laws repeal prior conflicting ones.
Legibus sumptis desinentibus legibus naturae
utendum est - When laws imposed by the State fail,
we must use the laws of nature.
Lex aliquando sequitur aequitatem - The law
sometimes follows equity.

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94

Lex citius tolerare vult privatum damnum quam

publicum malum - The law would rather tolerate a
private injury than a public evil.
Lex dabit remedium - The law will give a remedy.
Lex dilationes abhorret - The law abhors delays.
Lex est judicum tutissimus ductor - The law is the
safest guide for judges.
Lex est sanctio sancta jubens honesta et prohibens
contraria - The law is a sacred sanction,
commanding what is right and prohibiting the
contrary.
Lex indendit vicinum vicini facta scire - The law
presumes that one neighbor knows the acts of
another.
Lex necessitatis est lex temporis i.e. instantis - The
law of necessity is the law of time, that is time
present.
Lex neminem cogit ad vana seu impossiblia - The
law compels no one to do vain or impossible things.
Lex nil frustra facit - The law does nothing in vain.
Lex non a rege est violanda - The law must not be
violated even by the King.

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Lex non deficere potest in justitia exhibenda - The

law cannot fail in dispensing justice.
Lex non novit patrem, nec matrem; solam veritatem
- The law does not know neither father nor mother,
only the truth.
Lex non oritur ex injuria - The law does not arise
from a mere injury.
Lex non requirit verificari quod apparet curiae - The
law does not require that to be proved which is
apparent to the Court.
Lex non favet delicatorum votis - The law does not
favor the wishes of the dainty.
Lex plus laudatur quando ratione probatur - The law
is the more praised when it is supported by reason.
Lex prospicit not respicit - The law looks forwared,
not backward.
Lex punit mendaciam - The law punishes falsehood.
Lex rejicit superflua, pugnatia, incongrua - The law
rejects superfluous, contradictory and incongruous
things.
Lex spectat naturae ordinem - The law regards the
order of nature.

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Lex succurrit ignoranti - The law succors the

ignorant.
Lex tutissima cassis, sub clypeo legis nemo
decipitur - Law is the safest helmet; under the
shield of the law no one is deceived.
Lex uno ore omnes alloquitur - The law speaks to
all through one mouth.
Longa possessio est pacis jus - Long possession is
the law of peace.
Longa possessio parit jus possidendi et tollit
actionem vero domino - Long possession produces
the right of possession and takes away from the true
owner his action.

M
Magister rerum usus; magistra rerum experientia Use is the master of things; experience is the
mistress of things.
Major continet in se minus - The greater contains
the less.
Majus est delictum se ipsum occidere quam alium It is a greater crime to kill one s self than another.
Mala fide - In bad faith.
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Mala grammatica non vitiat chartam - Bad

grammar does not vitiate a deed.
Mala in se - Bad in themselves.
Mala prohibita - Crimes prohibited.
Malitia supplet aesatem - Malice supplies age.
Malo animo - With evil intent.
Mandamus - We command.
Maximus magister erroris populus est - The people
are the greatest master of error.
Melior est conditio possidentis, ubi neuter jus habet
- Better is the condition of the possessor where
neither of the two has the right.
Melior testatoris in testamentis spectanda est - In
wills the intention of a testator is to be regarded.
Meliorem conditionem suam facere potest minor
deteriorem nequaquam - A minor can make his
position better, never worse.
Mens rea - Guilty state of mind.
Mentiri est contra mentem ire - To lie is to act
against the mind.

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98

Merito beneficium legis amittit, qui legem ipsam

subvertere intendit - He justly loses the benefit of
the law who seeks to infringe the law.
Minatur innocentibus qui parcit nocentibus - He
threatens the innocent who spares the guilty.
Misera est servitus, ubi jus est vagum aut incertum It is a miserable slavery where the law is vague or
uncertain.
Mors dicitur ultimum supplicium - Death is called
the extreme penalty.
Muilta exercitatione facilius quam regulis percipies
- You will perceive many things more easily by
experience than by rules.
N
Nam nemo haeres viventis - For no one is an heir
of a living person.
Naturae vis maxima est - The force of nature is the
greatest.
Necessitas inducit privilegium quoad jura privata With respect to private rights necessity induces
privilege.
Necessitas non habet legem - Necessity has no law.

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Necessitas publica est major quam privata - Public

necessity is greater than private necessity.
Negligentia semper habet infortuniam comitem Negligence always has misfortune for a companion.
Nemo admittendus est inhabilitare se ipsum - No
one is allowed to incapacitate himself.
Nemo bis punitur pro eodem delicto - No one can
be twice punished for the same offence.
Nemo cogitur suam rem vendere, etiam justo pretio
- No one is bound to sell his own property, even for
a just price.
Nemo contra factum suum venire potest - No man
can contradict his own deed.
Nemo debet esse judex in propria causa - No one
can be judge in his own case.
Nemo plus juris transferre ad alium potest quam
ipse habet - No one can transfer to another a larger
right than he himself has.
Nemo potest contra recordum verificare per patriam
- No one can verify by the country, that is, through
a jury, against the record.
Nemo potest esse tenens et dominus - No one can at
the same time be a tenant and a landlord (of the
same tenement).
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100

Nemo potest facere per alium, quod per se non

potest - No one can do through another what he
cannot do himself.
Nemo potest mutare consilium suum in alterius
injuriam - No one can change his purpose to the
injury of another.
Nemo praesumitur esse immemor suae aeternae
salutis et maxime in articulo mortis - No one is
presumed to be forgetful of his eternal welfare, and
particularly in the hour of death.
Nemo prohibetur pluribus defensionibus uti - No
one is forbidden to make use of several defences.
Nemo punitur pro alieno delicto - No one is
punished for the crime of another.
Nemo se accusare debet, nisi coram Deo - No one
should accuse himself except in the presence of
God.
Nemo tenetur accusare se ipsum nisi coram Deo No one is bound to accuse himself except in the
presence of God.
Nemo tenetur armare adversarium contra se - No
one is bound to arm his adversary against himself.
Nexus - Connection

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Nihil quod est inconveniens est licitum - Nothing

inconvenient is lawful.
Nil facit error nominis cum de corpore constat - An
error of name makes not difference when it appears
from the body of the instrument.
Nisi - Unless
Non compus mentis - Not of sound mind and
understanding
Non constat - It is not certain
Non decipitur qui scit se decipi - He is not deceived
who knows that he is deceived.
Non definitur in jure quid sit conatus - What an
attempt is, is not defined in law.
Non est arctius vinculum inter homines quam
jusjurandum - There is no stronger link among men
than an oath.
Non est factum - It is not his deed
Non est informatus - He is not informed.
Non facias malum ut inde veniat bonum - You shall
not do evil that good may come of it.
Non jus, sed seisina, facit stipitem - Not right, but
seisin makes a stock (from which the inheritance
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102

must descend).
Non refert quid notum sit judici si notum non sit in
forma judicii - It matters not what is known to the
judge if it is not known judicially.
Non sequitur - An inconsistent statement, it does
not follow
Nullus commodum capere potest ex sua injuria
propria - No one can derive an advantage from his
own wrong.
Nullus recedat e curia cancellaria sine remedio - No
one should depart from a Court of Chancery
without a remedy.

O
Omne sacramentum debet esse de certa scientia Every oath ought to be of certain knowledge.
Omnia delicta in aperto leviora sunt - All crimes
(committed) in the open are (considered) lighter.
Omnia praesumuntur contra spoliatorem - All things
are presumed against a wrongdoer.
Omnis innovatio plus novitate perturbat quam
utilitate prodeat - Every innovation disturbs more
by its novelty than it benefits by its utility.
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Optima legum interpres est consuetudo - The best

interpreter of laws is custom.
Optimus interpres rerum est usus - The best
interpreter of things is usage.

P
Pacta privata juri publico non derogare possunt Private contracts cannot derogate from public law.
Par delictum - Equal fault.
Pari passu - On an equal footing.
Partus sequitur ventrem - The offspring follows the
mother.
Pater est quem nuptiae demonstrant - The father is
he whom the marriage points out.

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Peccata contra naturam sunt gravissima - Wrongs

against nature are the most serious.
Pendente lite nihil innovetur - During litigation
nothing should be changed.
Per curiam - In the opinion of the court.
Per minas - By means of menaces or threats.
Per quod - By reason of which.
Post mortem - After death.
Prima facie - On the face of it.
Prima impressionis - On first impression.
Pro hac vice - For this occasion.
Pro rata - In proportion.
Pro tanto - So far, to that extent.
Pro tempore - For the time being.
Publici juris - Of public right.

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Q
Quaeitur - The question is raised.
Quantum - How much, an amount.
Qui facit per alium, facit per se - He who acts
through another acts himself.
Qui haeret in litera, haeret in cortice - He who stices
to the letter, sticks to the bark.
Qui in utero est, pro jam nato habetur, quoties de
ejus commodo quaeritur - He who is in the womb is
considered as already born as far as his benefit is
considered.
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Qui non habet potestatem alienandi, habet

necessitatem retinendi - He who has not the power
of alienating is under the necessity of retaining.
Qui non habet, ille non dat - He who has not, does
not give.
Qui non improbat, approbat - He who does not
disapprove, approves.
Qui non obstat quod obstare potest facere videtur He who does not prevent what he is able to prevent,
is considered as committing the thing.
Qui non prohibet quod prohibere potest assentire
videtur - He who does not prohibit when he is able
to prohibit, is in fault.
Qui peccat ebrius, luat sobrius - He who does wrong
when drunk must be punished when sober.
Qui potest et debet vetare et non vetat jubet - He
who is able and ought to forbit and does not,
commands.
Qui prior est tempore potior est jure - He who is
prior in time is stronger in right.
Qui sentit commodum, debet et sentire onus - He
who derives a benefit ought also to bear a burden.

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Qui tacet consentire videtur - He who is silent

appears to consent.
Quid pro quo - Consideration. something for
something.
Quidcquid plantatur solo, solo cedit - Whatever is
planted in or affixed to the soil, belongs to the soil.
Quod ab initio non valet, in tractu temporis non
convalescit - What is not valid in the beginning
does not become valid by time.
Quod constat curiae opere testium non indiget What appears to the Court needs not the help of
witnesses.
Quod necessarie intelligitur, id non deest - What is
necessarily understood is not wanting.
Quod necessitas cogit, defendit - What necessity
forces it justifies.
Quod non apparet, non est - What does not appear,
is not.
Quod non habet principium non habet finem - What
has no beginning has no end.
Quod per me non possum, nec per alium - What I
cannot do through myself, I cannot do through
another.
Quod prius est verius est; et quod prius est tempore
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potius est jure - What is first is more true; and what

is prior in time is stronger in law.
Quod vanum et inutile est, lex non requirit - The
law does not require what is vain and useless.
Quoties in verbis nulla est ambiguitas, ibi nulla
expositio contra verba expressa fienda est - When
there is no ambiguity in words, then no exposition
contrary to the expressed words is to be made.

R
Ratio est legis anima, mutata legis ratione mutatur
et lex - Reason is the soul of the law; when the
reason of the law changes the law also is changed.
Re - In the matter of.
Reprobata pecunia leberat solventem - Money
refused releases the debtor.
Res - Matter, affair, thing, circumstance.
Res gestae - Things done.
Res integra - A matter untouched (by decision).
Res inter alios acta alteri nocere non debet - Things
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109

done between strangers ought not to affect a third

person, who is a stranger to the transaction.
Res judicata accipitur pro veritate - A thing
adjudged is accepted for the truth.
Res nulis - Nobody s property.
Respondeat superior - Let the principal answer.
Rex est major singulis, minor universis - The King
is greater than individuals, less than all the people.
Rex non debet judicare sed secundum legem - The
King ought not to judge but according to the law.
Rex non potest peccare - The King can do no
wrong.
Rex nunquma moritur - The King never dies.
Rex quod injustum est facere non potest - The King
cannot do what is unjust.

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S
Salus populi est suprema lex - The safety of the
people is the supreme law.
Sciens - Knowingly.
Scienter - Knowingly.
Scire facias - That you cause to know.
Scribere est agere - To write is to act.
Se defendendo - In self defence.
Secus - The legal position is different, it is
otherwise.
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Everything is presumed in favor of the legitimacy of

children.
Semper pro matriomonio praesumitur - It is always
presumed in favor of marriage.
Sententia interlocutoria revocari potest, definitiva
non potest - An interlocutory order can be revoked,
a final order cannot be.
Servitia personalia sequuntur personam - Personal
services follow the person.
Sic utere tuo ut alienum non laedas - So use your
own as not to injure another s property.
Simplex commendatio non obligat - A simple
recommendation does not bind.
Stare decisis - To stand by decisions (precedents).
Stet - Do not delete, let it stand.
Sub modo - Within limits.
Sub nomine - Under the name of.
Sub silentio - In silence.
Sublata causa, tollitur effectus - The cause being
removed, the effect ceases.

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Sublato fundamento, cadit opus - The foundation

being removed, the structure falls.
Subsequens matrimonium tollit peccatum
praecedens - A subsequent marriage removes the
preceding wrong.
Suggestio falsi - The suggestion of something which
is untrue.
Sui generis - Unique.
Summa ratio est quae pro religione facit - The
highest reason is that which makes for religion, i.e.
religion dictates.
Suppressio veri - The suppression of the truth.
Suppressio veri expressio falsi - A suppression of
truth is equivalent to an expression of falsehood.

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T
Talis qualis - Such as it is.
Terra firma - Solid ground.
Testamenta latissimam interpretationem habere
debent - Testaments ought to have the broadest
interpretation.
Traditio loqui chartam facit - Delivery makes a deed
speak.
Transit terra cum onere - The land passes with its
burden.

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114

U
Ubi eadem ratio ibi idem jus, et de similibus idem
est judicium - When there is the same reason, then
the law is the same, and the same judgment should
be rendered as to similar things.
Ubi jus ibi remedium est - Where there is a right
there is a remedy.
Ubi non est principalis, non potest esse accessorius
- Where there is no principal, there can be no
accessory.
Ubi nullum matrimonium, ibi nulla dos es - Where
there is no marriage, there is no dower.
Ultima voluntas testatoris est perimplenda
secundum veram intentionem suam - The last will
of a testator is to be fulfilled according to his true
intentio.

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Ut poena ad paucos, metus ad omnes, perveniat That punishment may come to a few, the fear of it
should affect all.
Utile per inutile non vitiatur - What is useful is not
vitiated by the useless.

V
Verba chartarum fortius accipiuntur contra
preferentem - The words of deeds are accepted
more strongly against the person offering them.
Verba debent intelligi cum effectu - Words ought to
be understood with effect.
Verba intentioni, non e contra, debent inservire Words ought to serve the intention, not the reverse.
Verbatim - Word by word, exactly.
Vi et armis - With the force and arms.
Via antiqua via est tuta - The old way is the safe
way.
Vice versa - The other way around.
Vide - See.

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Vigilantibus non dormientibus jura subveniunt The laws serve the vigilant, not those who sleep.
Vir et uxor consentur in lege una persona - A
husband and wife are regarded in law as one
person.
Visitationem commendamus - We recommend a
visitation.
Volens - Willing.
Volenti non fit injuria - An injury is not done to one
consenting to it.
Voluntas in delictis non exitus spectatur - In
offences the intent and not the result is looked at.
Voluntas reputatur pro facto - The will is taken for
the deed.

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117