A mensa et thoro From bed and board. A vinculo matrimonii From the bond of matrimony. Ab extra From outside.

de. 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. Actio personalis moritur cum persona A personal action dies with the person. Actiones legis aw 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 ma!e 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 fre"uently. 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 "uestion of fact# the jury do not answer to a "uestion of aw. Aedificare in tuo proprio solo non licet quod alteri noceat $t is not lawful to build on one%s own land what may be injurious to another. Aequitas legem sequitur &"uity follows the law. Aequitas nunquam contravenit legem &"uity 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 ma!ing 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. Ambiguitas verborum patens nulla verificatione excluditur A patent ambiguity is never helped by averment. Amicus curiae A friend of the 'ourt. Angliae jura in omni casu libertati dant favorem The laws of &ngland are favorable in every case to liberty. Animo furandi (ith an intention of stealing. Animo testandi (ith an intention of ma!ing a will. Annus luctus The year of mourning. Ante )efore. Aqua currit et debet currere, ut currere solebat (ater 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. 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 ta!ing 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 ,ear the other side. Aula regis The -ing%s 'ourt. Benignior sententia in verbis generalibus seu dubiis est preferenda The more favorable construction is to be placed on general or doubtful words. Bis dat qui cito dat ,e gives *pays+ twice who pays promptly. Bona fide .incere, in good faith Bona vacantia /oods without an owner Boni judicis est ampliare jurisdictionem $t is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority. Boni judicis est judicium sine dilatione mandare executioni $t is the duty of a good judge to cause execution to issue on a judgment without delay. Boni judicis lites dirimere est $t 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 e"uity to strict law. Breve judiciale non cadit pro defectu formae A judicial writing does not fail through defect of form. Cadit quaestio The matter admits of no further argument. Cassetur billa (breve) et the writ be "uashed. 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 'hattels 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 et the purchaser beware. Caveat venditor et the seller beware. Cepi corpus et est languidum $ have ta!en the body and the prisoner is sic!. Cepi corpus et paratum habeo $ have ta!en the body and have it ready. Ceteris paribus Other things being e"ual. Consensu 0nanimously 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. 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 1o 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 ege $n the presence of our ord the -ing. Coram non judice )efore one who is not a judge. Corpus )ody. Corpus delicti The body, i.e. the gist of crime. Corpus humanum non recipit aestimationem A human body is not susceptible of appraisement. Crescente malitia crescere debet et poena 2ice increasing, punishment ought also to increase. Crimen omnia ex se nata vitiat 'rime vitiates every thing, which springs from it.

Crimen trahit personam The crime carries the person. Cujus est dare, ejus est disponere ,e 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 ,e who owns the soil owns it up to the s!y# and to its depth. Cum duo inter se pugnantia reperiuntur in testamentis ultimum ratum est (hen 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. Damnum sine injuria damage without legal injury. De bonis asportatis Of goods carried away. De bonis non administratis Of goods not administered. De die in diem From day to day. De facto $n fact. De futuro $n the future. De integro As regards the whole. De jure 3ightful, by right. De minimis lex non curat The law does not notice trifling matters. De novo .tarting afresh. Debile fundamentum fallit opus (here there is a wea! foundation, the wor! fails. Debita sequuntur personam debitoria 4ebts follow the person of the debtor. Debitor non praesumitur donare A debtor is not presumed to ma!e a gift. Debitum et contractus sunt nullius loci 4ebt and contract are of no particular place. Debitum in praesenti, solvendum in futuro A present debt is to be discharged in the future. 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 /od alone, not man, can ma!e an heir. Dies Dominicus non est juridicus .unday is not a day in law. Discretio est discernere per legem quid sit justum 4iscretion is to discern through law what is just. Doli incapax $ncapable of crime. Dominium Ownership. Domus sua cuique est tutissimum refugium &very man s house is his safest refuge. Dona clandestina sunt semper suspiciosa 'landestine 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, therefore let it be preserved. Dubitante 4oubting the correctness of the decision. Duo non possunt in solido unam rem possidere Two cannot possess one thing each in entirety. !i incumbit probatio qui The onus of proving a fact rests upon the man. !i incumbit probatio qui dicit, non qui negat The burden of the proof lies upon him who affirms, not he who denies. !rror, qui non resistitur approbatur An error not resisted is approved. !t cetera Other things of that type. !x cathedra (ith official authority. !x concessis $n view of what has already been accepted5 !x dolo malo actio non oritur A right of action cannot arise out of fraud. !x facie On the fact of it. !x gratia Out of !indness, voluntary. !x nihilo nil fit From nothing nothing comes. !x nudo pacto actio non oritur 1o action arises on a contract without a consideration. !x parte 6roceeding brought by one person in the absence of another. !x post facto )y reason of a subse"uent act. !x praecedentibus et consequentibus optima fit interpretatio The best interpretation is made from things preceding and following. !x turpi causa non oritur actio 1o action arises on an immoral contract. !xceptio probat regulam An exception proves the rule. !xecutio est executio juris secundum judicium &xecution is the fulfillment of the law in accordance with the judgment. !xecutio est finis et fructus legis An execution is the end and the fruit of the law. !xecutio legis non habet injuriam &xecution of the law does no injury. !xtra legem positus est civiliter mortuus One out of the pale of the law *i.e. an outlaw+ is civilly dead. "aciendum .omething which is to be done. "actum An act or deed. "acultas probationum non est angustanda The right of offering proof is not to be narrowed. "alsa demonstratio non nocet A false description does not vitiate. "atetur facinus qui judicium fugit ,e who flees judgment confesses his guilt. "elix qui potuit rerum cognoscere causas 7 ,appy is he who has been able to understand the causes of things. "elonia implicatur in qualibet proditione Felony is implied in every treason. "estinatio justitiae est noverca infortunii The hurrying of justice is the stepmother of misfortune.

"ictio cedit veritati; fictio juris non est, ubi veritas Fiction yields to truth. (here truth is, fiction of law does not exist. "ides servanda est /ood faith is to be preserved. "ieri facias (abreviated fi# fa#) That you cause to be made. "iliatio non potest probari Filiation cannot be proved. "irmior et potentior est operatio legis quam dispositio hominis The operation of law is firmer and more powerful than the will of man. "orma legalis forma essentialis est egal form is essential form. "ortior est custodia legis quam hominis The custody of the law is stronger than that of man. "ractionem diei non recipit lex The law does not regard a fraction of a day. "raus est celare fraudem $t is a fraud to conceal a fraud. "raus est odiosa et non praesumenda Fraud is odious and is not to be presumed. "raus et jus nunquam cohabitant Fraud and justice never dwell together. "ructus naturales 2egetation which grows naturally without cultivation. "rustra probatur quod probatum non relevat That is proved in vain which when proved is not relevant. "uror contrahi matrimonium non sinit, quia consensus opus est $nsanity prevents marriage from being contracted because consent is needed. $enerale nihil certum implicat A general expression implies nothing certain. $eneralia praecedunt, specialia sequuntur Things general precede, things special follow. $eneralia specialibus non derogant Things general do not derogate from things special. $eneralis regula generaliter est intelligenda A general rule is to be generally understood. $ravius est divinam quam temporalem laedere majestatem $t is more serious to hurt divine than temporal majesty.

Dacion !n %ago. A juridical concept, couched in .panish, whereby a debtor discharges his obligation to his creditor through the transfer or conveyance of his property as the e"uivalent of payment. The delivery and transmission of ownership of a thing by the debtor to the creditor is an accepted e"uivalent of the performance of the obligation. (The Philippine Lawin Bus Co. vs. CA, 374 SCRA 332) Dais& Chain. A price manipulation scheme in securities trading which involves a series of purchases and sales of the same issue at successively higher or lower prices by the same group of people for the purpose of attracting unsuspecting investors into the mar!et, leaving them defrauded of their money or securities. Damages. /enerally refers to a monetary award or recompense for a legal wrong which the law awards to the person prejudiced or damages thereby. $t can result from a crime, "uasi7delict, or breach of contract. (Arts. 2 !"#223", Civil Co$e)

Damno Absque 'njuria. A atin phrase which translates 8damage without injury,9 it means acts do not give rise to any injury. Dangerous Drugs. 1arcotic drugs and other prohibited substances listed in the .chedules annexed to the :;<: .ingle 'onvention on 1arcotics 4rugs, as amended by the :;=> 6rotocol, and in the .chedules annexed to the :;=: .ingle 'onvention on 6sychotropic .ubstances as enumerated in the attached annex which is an integral part of 'omprehensive 4angerous 4rugs Act of >??>, 3A ;:<@. Dangerous (endenc& ule. A test for inciting to sedition, the words uttered or published have a tendency to easily produce disaffection among the people and a state of feeling in them that is incompatible with a disposition to remain loyal to the government and obedient to the laws. (People vs. Peres, 4" Phil. "!!) Dating elationship. 3efers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. $t does not refer to a casual ac"uaintance or ordinary socialiAation between two individuals in a business or social context. (Se%. 3 (e), RA !2&2, Anti#'iolen%e A(ainst )o*en an$ Chil$ren A%t o+ 2,,4) Da& Certain. $n contract law, refers to that day which will necessarily arrive, although it may not be !nown when. (Art. !3, Civil Co$e) Da& in Court. 3efers to a person%s opportunity to be heard concerning a matter under investigation or in litigation. De "acto. atin term which means 8in point of fact.9 De "acto $overnment. Type of government which actually exercises power or control but without legal title *Law-ers Lea(ue +or a Better Philippines v. A.uino, /.R. 0o. 73741, 2a- 22, !1&) De )ure. atin term which means 8from the law9 or 8by right9, valid and legal. De )ure $overnment. Type of government which has a rightful title but has no power of control either, because the same has been withdrawn from it or because it has not yet actually entered into the exercise thereof. De *esne. ating term which connotes possession of real property in one%s own name. De *inimis. atin adjective for describing something that is too insignificant or trifling for the courts to bother with. Dead *an+s ,tatute. A rule in evidence which dis"ualifies a witness from testifying with regard to matters covered by privileged communication. (Se%. 24, Rule 3,) Dealer. A person who buys and sells securities for his own account in the ordinary course of business. Death or %h&sical 'njuries under !xceptional Circumstances . A situation where any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, !ills any of them or both of them in the act or immediately thereafter, or inflicts upon them any serious physical injury, and thereby suffers the penalty of destierro. (Art. 247, RPC) Debt Bondage. The pledging by the debtor of his her personal services or labor or those of a person under his or her control as security or payment for a debt, when the length and nature of services are not clearly defined or when the values of the services as reasonably assessed are not applied toward the li"uidation of the debt. (Se%. 3((), RA !2,1, Anti#Tra++i%3in( in Persons A%t o+ 2,,3) Decedent. A person whose property is transmitted through succession, whether or not he left a will. 1ote that if he left a will, he is called the Testator.

Deceit. The false representation or misrepresentation of a factual matter, whether by words or conduct, by untrue or misleading allegations, or by concealment of that which should have been disclosed which deceives or is intended to deceive another into acting upon it to his legal injury. (People vs. 2enil, 4r., 34, SCRA 2"5 Pa6le vs. People, 442 SCRA 4&) Decentrali-ation of Administration delegation of administrative powers to local government unit in order to broaden the base of governmental powers. Decision. The adjudication or settlement of a controversy by a court of law. $t goes into the roots of the controversy, ma!es a searching examination of the facts and issues of the case, applies the law and considers the evidence presented, and finally determines the rights of the parties. (Phila*li+e vs. SSS, 2, SCRA &3) Decentrali-ation of %o.ers. Abdication of political power in the favor of local governments units declared to be autonomous. (Li*6onas v. 2an(elin, 7, SCRA 71&) Declaration Against 'nterest. The declaration made by a person deceased, or unable to testify, against the interest of the declarant, if the fact asserted in the declaration was at the time it was made so far contrary to declarant%s own interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true, may be received in evidence against himself or his successors in interest and against third persons. (Se%. 31, Rule 3,) Declarator& elief. A special civil action brought by a person interested under a deed, will, contract, or other written instrument, whose rights are affected by a statute, executive order or regulation, ordinance, or any other governmental regulation for the purpose of determining any "uestion of construction or validity arising, and for a declaration of his rights and duties thereunder, before any breach or violation thereof occurs. (Rule &3) Deductible !xpense. To "ualify as such from income taxation, it must be ordinary and necessary trade, business or professional expense paid or incurred to carry on, or which is directly attributable to, the development, management, operation or conduct of the trade, business or exercise of a profession. (Se%. 34, 07RC o+ !!7) Default. The failure of a defending party to file his answer within the time allowed under the 3ules of 'ourt. .uch failure will ma!e him lose his standing in court, that is, he cannot appear therein, adduce evidence and heard, nor ta!e part in the trial or hearing of the case. (Se%. 3, Rule !) Defendant. The person who is sued by the plaintiff in a civil suit or the person who is being accused in a criminal proceeding. ,e may also be referred to as a respondent. Delito Continuado. .ee 'ontinuing 'rime. Demand Deposits. All of the liabilities of the )ang!o .entral ng 6ilipinas and of other ban!s which are denominated in 6hilippine currency and are subject to payment in legal tender upon demand by the presentation of chec!s. (Se%. "1, RA 7&"3, The 0ew Central Ban3 A%t) Demurrage. $n maritime law, refers to the compensation provided for in the contract of affreightment for the detention of the vessel beyond the period of time agreed on for the loading or unloading of cargo. Demurrer of !vidence. After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law, the plaintiff has shown no right to relief. $f his motion is granted but on appeal the order of dismissal is reversed, he shall be deemed to have waived the right to present evidence. (Rule 33) Deposit ,ubstitutes. An alternative form of obtaining funds from the public, other than deposits,

through the issuance, endorsement, or acceptance of debt instruments for the borrower%s own account, for the purpose of relending or purchasing of receivables and other obligations, e.g., ban!er%s acceptances, promissory notes, participations, certificates of assignment and similar instruments with recourse, and repurchase agreements. (Se%. !", RA 7&"3, 0ew Central Ban3 A%t) Depositar&. An individual or entity, such as a ban!, which is authoriAed to receive and hold a deposit, with an obligation to return the same object which is received as a deposit. Deposition. The written testimony made under oath by a witness who is unable to testify in person concerning facts !nown to him, and which sworn statement is generally supposed to be substitute for his actual testimony in open court. (Rule 23) Derivative Citi-enship. 6hilippine citiAenship which is automatically devolved to the unmarried child of a parent who has reac"uired 6hilippine citiAenship after having lost it by becoming a naturaliAed citiAen of a foreign country. The child, whether legitimate, illegitimate or adopted, must be below :B years of age. $t is also a condition that the parent is originally a natural7born Filipino. (RA !22", Citi8enship Retention an$ Rea%.uisition A%t o+ 2,,3) Derivative ,uit. A common law doctrine adopted in our jurisdiction whereby a stoc!holder may sue on behalf of the corporation itself and other stoc!holders to redress any wrongdoing committed by the corporation%s management or board of directors. (See Class Suit) Destierro. A penalty imposed on the offender which prohibits him from entering the place or paces designated in the sentence, nor within the radius specified therein, which shall not be more than >@? and not less than >@ !ilometers from the place designated. (Art. 17, RPC) Develop/0perate/and/(ransfer. A contractual arrangement whereby favorable conditions external to a new infrastructure project which is to be built by a private project proponent are integrated into the arrangement by giving that entity the right to develop adjoining property, and thus, enjoy some of the benefits which may result from that investment, such as higher property or rent values. (Se%. 2(h), RA 77 1) Devise. A be"uest of real property in a will to a person called the devisee. (Art. 712, par. 2, Civil Co$e) Devisee. The person named in a will to receive a gift consisting or real property. Devolution. 0nder the ocal /overnment 'ode, refers to the act by which the 1ational /overnment confers power and authority upon the various local government units or /0s to perform specific functions and responsibilities. (Se%. 7, RA 7 &,, Lo%al /overn*ent Co$e o+ !! ) Dilator& (actic. Cotion or plea that is designated to delay the court proceedings, e.g., a second motion for reconsideration in the .upreme 'ourt, or a motion for postponement of a hearing for flimsy reasons. Diligence of a $ood "ather. That degree of diligence which a prudent person would exercise with regard to his own family or property. This extends to the degree of diligence re"uired in selecting and supervising one%s employees, in the concept of master and servant under tort law. (Art. 2 1,, Civil Co$e) Diplomatic As&lum. The refuge extended to a fugitive in the residence of a diplomat in the host state in which the residence is located on the fiction that it is an extension of that diplomat%s own territorial state. Direct Assault. A crime committed by any person who, without a public uprising shall employ force or intimidation for the attainment of any of the purposes of rebellion and sedition, or shall attac!, employ force, or seriously intimidate or resist any person in authority, or any of his agents, while engaged in the performance of official duties. (Art. 41, RPC)

Direct Briber&. A crime committed by any public officer who performed an act which constitutes a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by him personally or through the intercession of another. This is committed if the public officer refrained from doing something which it was his official duty to do for a similar consideration. (Art. 2 ,, RPC) Direct Contempt. Cisbehavior in the presence of or so near a court of justice as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition when lawfully re"uired to do so. (Se%. , Rule 7 ) Direct !xamination. The examination7in7chief of a witness by the party presenting him on the facts relevant to the issue. (Se%. ", Rule 32) Direct (axes. Taxes for which a taxpayer is directly liable on the transaction or business he is engaged in. 6ersonal income tax is an example of direct taxes. Disbarment. The disciplinary process or removing a member of the )ar from the 3oll of Attorneys and revo!ing his license and privilege to practice law. (Rule 3!#B) Discernment. As applied to juvenile cases, it means the mental capacity to understand the difference between right and wrong and its conse"uences. Discharge of Debtor. $n the law of $nsolvency, refers to the release of the debtor from his debts which were or might be proved in the insolvency proceedings such that they are no longer a charge upon him. (Se%. &4, A%t !"&, The 7nsolven%- Law) Disclaimer. A person%s denial or responsibility or repudiation of a claim or assertion over a right or thing so as to defend against any potential liability. Discounting !asement. An easement or servitude which is used at intervals only and depends upon the acts of man. (Art. & ", Civil Co$e) Discretion. The act or the liberty to decide, according to the principles of justice and one%s ideas of what is right and proper under the circumstances, without willfulness or favor, 8but guided and controlled in its exercise by fixed legal principles. $t is not a mental discretion to be exercised ex gratia, but a legal discretion to be exercised in conformity with the spirit of the law, and in a manner to subserve and not to impede or defeat the ends of substantial justice.9 (La*6s vs. Phipps, 22 Phil. 4115 PL9T vs. CA, 4&3 SCRA 4 1) Discretionar& !xecution. $n judicial parlance, it is also called execution pending appeal which is the execution of a judgment or final order before it attains finality. (Se%. 2, Rule 3!) Disinheritance. An act affected through a will by the testator by which a compulsory heir is deprived of his legitime, for causes expressly stated by law, e.g., an attempt against the life of the testator, a groundless accusation by a child or descendant, refusal without justifiable cause to support the testator, etc. (Arts. ! ", ! & an$ ! !, Civil Co$e) Dispositive %ortion. That part of a court decision which contains the judgment or resolution of the issues subject of the complaint or petition. $t usually appears as the very last paragraph in a decision as in 86etition is hereby dismissed for lac! of merit.9 Disputable %resumption. As assertion of a fact which, unless contradicted and overcome by other evidence, is deemed to be true. That a person is 8innocent unless proven guilty9 is an example of a disputable presumption. (Se%. 3, Rule 3 ) Dissenting 0pinion. A separate opinion written by an appellate justice who differs from the opinion of

the majority in deciding a case. Distressed !mplo&er. An employer who may "ualify for exemption in granting any newly7enacted labor benefit to its employees as a result of substantial losses that it is incurring in its operations. Disturbance Compensation. The amount of compensation to which an agricultural lessee is entitled when being lawfully ejected from his landholding. (Se%. 3&, RA 3144, A(ri%ultural Lan$ Re+or* Co$e) Dividend. An amount corresponding to a share in corporate profits that is distributed to a stoc!holder in proportion to his subscription to the capital stoc! of the corporation. $t may ta!e the form of cash or additional shares of stoc!. (Se%. 73(A), 07RC o+ !!7) Dividends in 'nsolvenc&. The amounts paid, upon order of the court, to the creditors of an insolvent out of the capital or assets of the insolvent%s estate for the purpose of li"uidating or discharging a debt. (Se%. 4", A%t !"&, The 7nsolven%- Law) Doctrine of Comparative 'njur&. A rule in e"uity which states that although a person is entitled to injunctive relief, if the injury done to the respondent or the public would be disproportionate, then injunctive relief must be denied. Doctrine of !quivalents. The rule stating that an infringement also ta!es place when a device appropriates a prior invention by incorporating its innovative concept and, although with some modification and change, performs substantially the same function in substantially the same way to achieve substantially the same result. (S*ith :line an$ Be%3*an Corporation vs. CA, 4,! SCRA 33) Doctrine of "air Comment. A doctrine in the law of libel, which means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is directed against a public person in his public capacity, it is not necessarily actionable. $n 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. $f the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mista!en, as long as it might reasonably be inferred from the facts. (Bor;al vs. CA, 3& Phil. !!!) Doctrine of 'ncorporation. A doctrinal precept which involves incorporating in a nation%s municipal law generally accepted principles of international law as part of its own municipal law without the need of further legislation. This doctrine has been adopted in the :;B= 'onstitution under the 8declaration of principles.9 Doctrine of 'ndelible Allegiance . An individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has ac"uired. Doctrine of 1ast Clear Chance. $f the accused in a prosecution for negligence could have avoided the dire conse"uences to which the offended party might have contributed himself by his own negligence, had he observed reasonable care and precaution, he had the 8last clear chance9 to prevent the injury or damage and, therefore, could not escape criminal liability. Doctrine of %arens %atriae. /overnment as guardian of the rights of 6eople (/overn*ent o+ Philippines 7slan$s v. <l 2onte $e Pie$a$, 3" SCRA 731). Doctrine of %rimar& )urisdiction. The legal tenet that precludes a court arrogating unto itself the authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence. For example, the 4epartment of Agrarian 3eform, or 4A3, will have 8primary jurisdiction9 over agrarian disputes. (/ala vs. <lli%e A(ro#7n$ustrial Corporation, 4 1 SCRA

43 ) Doctrine of ,trained elations. A labor case law principle which states that where reinstatement of an illegally dismissed employee is no longer feasible, expedient or practical because it would only exacerbate the tension and strained relations between the parties, or where the relationship between the employer and employee has been unduly strained by reason of irreconcilable differences, particularly where the employee held a managerial position in the company, it would be more prudent to order the payment of separation pay instead of reinstatement. (=ui;ano vs. 2er%ur- 9ru(, 2!2 SCRA ,!5 /lo6e#2a%3a- vs. 0LRC, 2,& SCRA 7, ) Doctrine of ,upervening !vent. 6rosecution for another offense if subse"uent development changes character of the first indictment under which he may have already been charged or convicted. Documentar& !vidence# Documents as evidence consist of .ritings or an& material containing letters, .ords, numbers, figures, s&mbols or other modes of .ritten expressions offered as proof of their contents# (Sec. 2, Rule 130) Doing Business. This phrase includes soliciting orders, selling products, service contracts, opening offices, appointing representatives or distributors domiciled in the 6hilippines, or staying in the country for :B? days or more, or participating in the management or control of any domestic business or enterprise in the 6hilippines, or any other act that implies a continuity of commercial dealings as a business organiAation. $t does not, however, include mere investment as a stoc!holder by a foreign entity in domestic corporations, nor having a nominee director or officer to represent its interest in such corporation, or having a representative or distributor domiciled in the 6hilippines which transacts business in its own name and for its own account. (Se%. 3($), RA 7,42, >orei( 7nvest*ents A%t o+ !! ) Domestic Air Carrier. An air carrier who is a citiAen of the 6hilippines, including one who is not a citiAen of the 6hilippines but is authoriAed by the 'ivil Aeronautics Act to engage in domestic air transportation. (Se%. 3(t), RA 77&, Civil Aeronauti%s A%t) Domestic Air Commerce. Air commerce that is carried on within the territorial limits of the 6hilippines. (Se%. 3(() an$ Se%. 3(u), RA 77&, Civil Aeronauti%s A%t) Domestic Air (ransportation. The conduct of air transportation within the territorial limits of the 6hilippines. (Se%. 3(v), RA 77&, Civil Aeronauti%s A%t) Domestic Arbitration. An arbitration involving a local dispute, i.e., not international as this is understood in the Codel aw adopted by the 0nited 1ations, which means that it is to be governed by 3A B=@, the Arbitration aw of the 6hilippines. Domestic 1a.. The internal law of the forum, that is, the local law as applied to purely domestic cases. Domestic *ar2et !nterprise. As this is understood in the Foreign $nvestments Act of :;;: *3A =?D>+, it means an enterprise which produces goods for sale, or renders services to the domestic mar!et entirely or, if exporting a portion of its output, fails to consistently export at least sixty percent thereof. Domestic ,ervant. .ee ,ousehelper. Domicile. The place where a person%s habitual residence is located, and to which he intends to return whenever he is absent therefrom, no matter how long. For a juridical person, such as a corporation, it is where it is legally registered and where, normally, it conducts its principal business or function. Dominant !state. The immovable in favor of which an easement or servitude is established. (Art. & 3, Civil Co$e) Dominion. A legal concept which embodies both ownership and possession as being exclusively

lodged in the same person or entity. Donation. An act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. Donation 'nter 3ivos. A donation that ta!es effect during the lifetime of the donor, though the property shall not be delivered until after the donor%s death. The fruits of the property from the time of the acceptance of the donation shall pertain to the donee, unless the donor provides otherwise. (Art. 72!, Civil Co$e) Donation *ortis Causa. A donation or gift which is to become effective only upon the donor%s death, as opposed to a donation inter vivos. Donation %ropter 4uptias. A donation which is given by reason of marriage and given before its celebration, in consideration of that same, and in favor of one or both of the future spouses. (Art. 12, >a*il- Co$e) Donor+s (ax. A tax on the privilege of transmitting one%s property or property rights to another or others without ade"uate and full valuable consideration. D0, '. An acronym that refers to 8directors, officers, stoc!holders and their related interests9 such that their transactions are closely supervised and monitored by the )ang!o .entral ng 6ilipinas. A ban!%s credit accommodation to its 4O.3$, for example, must not be on terms which are mote favorable than those extended to non74O.3$ borrowers. (Se%t. 3&, RA 7&"3, 0ew Central Ban3 A%t) Double 'nsurance. One where the same person is insured by several insurers separately in respect to the same subject and interests. Double )eopard&. The constitutional right of the accused against being prosecuted for the same offense, for which he has been either previously ac"uitted or convicted. As explained under the 3evised 3ules of 'riminal 6rocedure, when an accused has been convicted or ac"uitted, or the case against him dismissed or terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after he has pleaded to the charge, the conviction or ac"uittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily included in the offense charged in the former complaint or information. (Se%. 7, Rule 7, as revise$) Double (axation. Taxing the same property twice when it should be taxed only once, that is, 8taxing the same person twice by the same jurisdiction for the same thing.9 Draft. An instrument ordinarily used in international commercial transactions to effect payment. $t is also referred to as a bill of exchange. Dragnet Clause or Blan2et Clause. A clause in a mortgage contract which is specifically phrased to include all debts of past or future origins. .uch a clause enables the parties to provide continuous dealings, the nature or extent of which may not be !nown or anticipated at the time, thus avoiding the expenses and inconvenience of executing a new security on each new transaction. ,owever, such a clause will not be extended to cover future advances if the lender gives and the borrower accepts other securities for the subse"uent loans. (Pru$ential Ban3 vs. Alviar, 4&4 SCRA 3"3)

Drug Dependence. A cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug ta!es on a high priority thereby involving, among others, a strong desire or a sense of compulsion to ta!e the substanceEand the difficulties in controlling substanceEta!ing behavior in terms of its onset, termination, or levels of use. (Se%. 3(n), RA ! &", 9an(erous 9ru(s A%t o+ 2,,2) Drug ,&ndicate. Any organiAed group of two or more persons forming or joining together with the intention of committing any offense which is in violation of the 4angerous 4rugs Act of >??>. Dual Citi-en. A natural7born 6hilippine citiAen who has also become a naturaliAed citiAen of another country but who is deemed not to have lost his 6hilippine citiAenship by ta!ing the prescribed oath of allegiance to the 6hilippines. A dual citiAen can exercise absentee voting rights for 6resident, 2ice 6resident, .enators and 6arty7 ist 3epresentatives. (RA !22", Citi8enship Retention an$ Rea%.uisition A%t5 Loi$a 0i%olas#Lewis, et al. vs. C?2<L<C, /R &27"!, Au(ust 4, 2,,&) Due %rocess of 1a.. A sacred principle embodied in .ection :, Article $$$ of the 'onstitution which mandates that 8no person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied of the e"ual protection of laws.9 $t is a law which hears before it condemns, which proceeds upon in"uiry and renders judgment only after trial. Duel. An illegal act which involves an agreement between two persons to settle scores by !illing or injuring each other in the presence of their seconds or others to witness the duelers% observance of the formalities of their combat. (Art. 2&,, RPC) Dumping. The act of importing into the 6hilippines any product, commodity, or article of commerce at an export price that is less than its normal value in the ordinary course of trade for a li!e product, commodity, or article in the exporting country that tends to cause material injury to a domestic industry. (RA 17"2, Anti#9u*pin( A%t o+ !!!) Duplicate 0riginal. A copy of a document which is made at the same time as the original of that document such as a carbon copy. Duplicit& of Charges. Also 4iplicitous $nformation, this situation exists when a single information charges more than one offense. The 3ules on 'riminal 6rocedure prohibits the filing of such information to avoid confusing the accused in preparing a proper defense. (Lone- vs. People, 41 SCRA !4) Dura 1ex ,ed 1ex. atin phrase which means 8the law may be harsh, but that is the law.9 $t must be obeyed regardless. D&ing Declaration. An exception to the hearsay rule, refers to the declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of in"uiry, as evidence of the cause and surrounding circumstances of such death. (Se%. 37, Rule 3,) ?.?????? ?.??????

Cadastral %roceeding. A "uasi7judicial or administrative proceeding which involves the identification of various lots embraced in a survey and adjudication of their titles, usually underta!en at the initiative of the and 3egistration Authority or )ureau of ands.

Cadastral ,&stem. The system of identifying and adjudicating disputes involving ownership or possession of lands in a given area or municipality for the purpose of "uieting titles therein and their incorporation into the Torrens system. Calibrated %reemptive esponse. A catchphrase, called '63 for short, pertaining to a court7nullified crowd dispersal enforcement policy which is characteriAed by a measured response by the military, police and other law enforcement authorities to brea! up an unlawful public assembly or rally depending on the extent of provocation or disorderly behavior demonstrated by its participants. * :2P vs. <R*ita, /R &!131+ Capacit& to Act. The power to do acts with legal effect, e.g., to enter into contract or to sue, usually associated with a person who is :B years oldEthe age of majorityEor over. $t is ac"uired and may be lost. *Art. 37, Civil Co$e+ Capital Assets. 6roperty held by the taxpayer whether or not connected with his trade or business. *Se%. 3!, 0ational 7nternal Revenue Co$e o+ !!7+ Capital $ains (ax. A tax on the gain or profit from the sale of the taxpayer%s property forming part of his capital assets. Capital 0ffense. An offense which, under the law existing at the time of its commission and at the time of the application to be admitted to bail, may be punished with death. *Se%. &, Rule 4+ Capital %unishment. The penalty of death. 1ote that the 4eath 6enalty aw, 3A =<@;, has already been repealed. *People vs. =uia%hon, /R 7,27&, Au(. 3 , 2,,&+ Capital ,toc2. The capitaliAation of a corporation which is expressed in a specified number of shares or certificates of stoc! that will be subscribed to and paid for conformably with its by7laws. Caram ule. 0nder the :;F@ 'onstitution, those born in the 6hilippines of foreign parent, who before the adoption of the 'onstitution had been ele%te$ to public office in the 6hilippines, are considered Filipino citiAens. Carnal 5no.ledge. A legal euphemism for illicit sexual intercourse perpetrated against a woman%s will. $t is legalese for sexual intercourse involving rape or seduction. Carnapping. The ta!ing, with intent to gain, of a motor vehicle belonging to another without the latter%s consent, or by means of violence against or intimidation of persons, or by using force upon things. *Se%. 2, RA &"3!, Anti#Carnappin( A%t o+ !72+ Cartel. Any combination of or agreement between two or more persons engaged in the production, manufacture, processing, storage, supply, distribution, mar!eting, sale or disposition of any basic necessity or prime commodity designed to artificially and unreasonably increase or manipulate its price. *RA 7"1 , The Pri%e A%t+ Case at Bar. The case being tried by the trial court in the exercise of its jurisdiction, i.e., the case that is currently the subject of a particular trial or judicial proceeding. Case at Bench. The case being heard before an appellate court. Castration. .ee Cutilation. Casual !mplo&ee. A person who has been engaged to perform activities which are peripheral or incidental to the usual business or trade of the employer, except that is such service has lasted for at least one year, whether it is continuous or bro!en, he is to be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists. *Art. 21,, La6or Co$e+

Cassus 0missus. A principle in statutory construction which means that a person or thing omitted from an enumeration must be deemed to have been omitted intentionally. This is to be differentiated from ejusdem generic. Cattle/rustling. The unlawful act of ta!ing away by any means, method or scheme, without the consent of the owner or raiser, of any of the animals classified as large cattle, whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. *P9 "33, Anti#%attle Rustlin( Law o+ !74+ Cause of Action. An act or omission of the defendant in violation of the legal right of the plaintiff giving him the ground to file suit. *Se%. 2, Rule 25 Bar%elona vs. CA, 4 2 SCRA 4 + Caveat !mptor. A beware.9 atin term that is applicable to the law of sales which translates into 8buyer

Certificate of %ublic Convenience. An authoriAation granted by the TF3) for the operation of land transportation services for public use. Certification !lection. An election contest between two or more legitimate labor organiAations in an establishment to determine which among them represents the majority of the members in an appropriate bargaining unit for the purpose of collective bargaining with their employer, as well as representation of the members therof in labor7management activities. *Art. 23 , La6or Co$e+ Certiorari. A special civil action brought by an aggrieved party against a tribunal, board or officer exercising judicial or "uasi7judicial functions to determine whether it has acted without or in excess or in excess of jurisdiction, and there is no appeal, or any plain, speedy, and ade"uate remedy in the ordinary course of law for the purpose of annulling or modifying the proceedings of such tribunal, board or officer and granting such reliefs as law and justice may re"uire. *Se%. , Rule &"+ Cestui 6ue (rust. The beneficiary for which a trust is created. Chain Distribution %lan. .ee 6yramid .ales .cheme. Chambers. The term which is used to describe the private offices of a Gustice or judge, entry to which is normally restricted. Champertous Contract. An agreement that is deemed void being against public policy and professional legal ethics whereby a lawyer agrees to prosecute at his own expense the recovery of a thing or property for a litigant who agrees to share with him a portion or pay him an amount corresponding to a percentage of the value of the thing or property thus recovered or won in the suit. $t is a!in to instigating a claimant to file suit with the lawyer advancing the costs of suit in return for substantial fee if successful. .ee 'ontingent Fee Agreement. Charter %art&. A maritime contract by virtue of which the owner or the agent of a vessel binds himself to transport merchandise or persons for a fixed price. $t is also a contract by which an entire ship, or some principal part thereof, is leased by the owner to another person for a specified time or use. Chattel *ortgage. A conditional sale of property which is recorded in the 'hattel Cortgage 3egister as security for the payment of a debt or the performance of an obligation. 1ote that if the movable, instead of being recorded, is delivered to the creditors or third person, the contract is a pledge and not a chattel mortgage. *Art. 2 4,, Civil Co$e5 Se%. 3 A%t ",1, Chattel 2ort(a(e Law+ Chec2. A bill of exchange drawn that is payable on demand signed by the ma!er or drawer, containing an unconditional promise to pay a sum certain to order or to bearer. * Se%. 1", A%t 2,3 , 0e(otia6le 7nstru*ents Law+ Chec2/off. $t is an accounting device whereby the employer, on agreement with the union, or upon

prior authoriAation from its employees, deducts union dues or agency fees from the latter%s salaries and remits them directly to the union. Chec2s and Balances Doctrine. A political doctrine which complements the separation of powers doctrine underlying our system of government by which the three branches of government 8chec!9 one another against abusing or misusing their respective powers under the 'onstitution. Thus, the 6resident can veto legislation. 'ongress must approve executive appointments. The courts, whose members are appointed by the 6resident, can nullify grave abuse of executive power and invalidate laws for violating the limits of their respective 'onstitutional powers and prerogatives. Child Abuse. Any physical, psychological, or sexual abuse, and criminal neglect which leads to the infliction of physical or psychological injury, cruelty to, or neglect, sexual abuse, or exploitation of a child, i.e., a person below :B years of age, or even older if that person is incapable of ta!ing care of himself fully because of a physical or mental disability, or of protecting himself from abuse. * Se%s. 2(a) an$ 2(6), RA 7& ,, Chil$ A6use A%t+ Child %rostitute. A male or female, under :B years of age, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulges in sexual intercourse or lascivious conduct. *Se%. ", RA 7& ,, Chil$ A6use A%t+ Child (raffic2ing. The prohibited act of engaging in trading and dealing with children, including the act of buying and selling of a child for money, of for any other consideration, or barter. $t is classified as a grave felony punishable by reclusion perpetua. $f the victim is under :> years of age, the maximum penalty is to be imposed. Child 7itness. Any person who is below the age of :B at the time of giving testimony. ,e may be over :B years old if found by the court to be unable to fully ta!e care of himself or protect himself from abuse or exploitation. $n child abuse cases, however, the child may be more than :B years old but is found by the court as unable to ta!e care of himself or protect himself from abuse because of a physical or mental disability or condition. *Se%. 4(a), Rule on <@a*ination o+ a Chil$ )itness+ Child/caring Agenc&. A duly licensed and accredited agency by the 4.(4 that provides >D7hour residential care services for abandoned, orphaned, neglected, or voluntarily committed children. * Se%. 3(i), RA 1""2, 9o*esti% A$option A%t o+ !!1+ Child/placing Agenc&. A duly licensed and accredited agency by the 4.(4 to provide comprehensive child welfare services, including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents and preparing the adoption home study. *Se%. 3(h), RA 1""2, 9o*esti% A$option A%t o+ !!1+ Child at is2. 3efers to child who is vulnerable to and at the ris! of committing criminal offenses because of personal, family and social circumstances, e.g., being exploited sexually or economically, being a gang member, being out of school, etc. *Se%. 4($), RA !344, 4uvenile 4usti%e an$ )el+are A%t o+ 2,,&+ Chose in Action. The instrument evidencing the right to sue for money or property, e.g., a promissory note. A legal claim or cause of action that can translate into a lawsuit. Circumstantial !vidence. &vidence which indirectly proves a fact in issue through an inference which the fact7finder draws from the evidence established. $t constitutes a combination of circumstances that is sufficient to overcome the presumption of innocence in criminal cases that can lead to conviction beyond reasonable doubt, i.e., there is more than one circumstance inferred from facts which are proven. *Se%. 4, Rule 335 People vs. Cuen%a, 37" SCRA !+ Citi-enship. Cembership in a political community which is personal and more or less permanent in

character. Civil Action. A suit filed by one party against another for the enforcement or protection of a right, or the prevention or redress of a wrong. *Se%. 3(a), Rule + Civil Aspect. A reference to the pecuniary liabilities, i.e., damages, of the defendant in a criminal case which are deemed subsumed therein. .ee 'ivil iability. Civil Contempt. 'ontempt of court is committed by a party who falls or neglects to do something ordered by the court or judge for the benefit of the opposing party. People vs. /o$o-, 243 SCRA &4. Civil "ruits. $ncome derived from the rents of buildings, the price of leases of lands and other property, and the amount of perpetual or life annuities or other similar income. *Art. 442, Civil Co$e+ Civil 'nterdiction. An accessory penalty which has the effect of depriving the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property, and of the right to dispose of such property by any conveyance inter vivos. *Art. 34, RPC+ Civil 1a.. That branch of law, based on 3oman law, that governs the relations between and among persons, as regulated by the .tate, for the protection of private interests. The 'ivil 'ode of the 6hilippines is a codification of such law. Civil 1iabilit&. /enerally, refers to the monetiAation of the claims arising out of a criminal act which consists of restitution, reparation, and indemnification for conse"uential damages. .ee 'ivil Aspect. Civil 1ibert&. The catch7all term which embraces all the freedoms and civil rights enumerated under the bill of rights of the 'onstitution Civil 0bligation. An obligation that gives a right of action to compel performance, as opposed to a natural obligation. *Art. 423, Civil Co$e+ Civil egister. The official record or repository for entering the civil status of persons, involving births, deaths, marriages, annulments of marriages, adoptions, legitimiAations, ac!nowledgments of natural children, naturaliAations, or changes of names. * A%t 37"3, Civil Re(ister Law5 Art. 4,7, Civil Co$e+ Civil ight. A right accorded every citiAen or resident of the 6hilippines by law or constitutional fiat. Class ,uit. An action filed on behalf of many persons so numerous that it is impracticable to join all as parties, brought by a representative number of them who sue for the benefit of all concerning a controversy that is one of common or general interest to them all. Also referred to as a representative suit, it is an action brought for the benefit of all persons in the class. $ts main re"uisites are *a+ the subject matter of the controversy is one of common or general interest to the persons represented# *b+ the parties affected are so numerous that is impracticable to bring them all before the court# and *c+ the parties bringing the class suit are sufficiently numerous or representative of the class. * Se%. 2, Rule 3+. .ee 4erivative .uit. Clean 8ands Doctrine. A legal principle grounded on e"uity which says that a complainant or plaintiff see!ing relief in the courts must not himself be guilty in the matter subject of his claim. Clear and %resent Danger ule. (hen words are used in such circumstance and of such nature as to create a clear and present danger that will bring about substantive evil that .tate has right to prevent (S%hen%3 v. A.S., >D; 0. ;=+# %lear causal connection with the danger of the substantive evil arising from the utterance "uestioned# and present time element, identified with imminent and immediate danger# the danger must not only be probable, but very li!ely inevitable * /on8ales v. Co*ele%, >= .'3A BF@+.

Close Corporation. A corporation comprising not more than >? stoc!holders whose shares are not generally traded publicly and whose management is vested in the stoc!holders themselves. The late Gustice Gose '. 'ampos characteriAed such a corporation as a 8de facto partnership with a corporate shell.9 *Se%. !&, BP &1, Corporation Co$e+ Closed/,hop. A union security clause in a collective bargaining agreement that re"uires membership in the union as a condition of continuous employment. Closing/0ut ,ale. A consumer sale wherein the seller uses the announcement to create the impression the be is willing to give large discounts on merchandise to reduce, dispose or close out his inventory and business. *Se%. 4( ), RA 73!4, Consu*er A%t o+ the Philippines+ Cloud on (itle. A term which denotes an outstanding instrument, record, claim, encumbrance or proceeding which is actually invalid or inoperative, but which may, nevertheless, impair or affect injuriously the title to property Codicil. A supplement or addition to a will, made after its execution and annexed to e ta!en as part thereof, by which any disposition made in the original will is explained, added to or altered. * Art. 12", Civil Co$e+ Cohibit. To live or dwell together as husband and wife without the benefit of marriage Cohabitation. The public assumption by a man and woman of the marital relation, and dwelling together as man and wife, thereby holding themselves out to the public as such. Also ive7in 3elationship. Coitus. egalese for sexual intercourse. .ee also 'arnal -nowledge. Collateral !stoppel. .ee 'onclusiveness of Gudgement. Collation. A term in the law of inheritance, it refers to the act by virtue of which descendants or other compulsory heirs who intervene in the division of the inheritance of an ascendant bring into the common mass the property which they received from him through donation or by gratuitous title so that the division may be made according to law and the will of the testator. * 'i8%on$e vs. CA, 21& SCRA 2 7+ Collective Bargaining. The performance of a mutual obligation to meet and convince promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of wor! and all other terms and conditions of employment, including proposals for adjusting any grievances or "uestions arising under such agreement and executing a ')A incorporating such agreements if re"uested by either party but such duty does not compel any party to agree to a proposal or to ma!e any concession. *Art. 2"2, La6or Co$e+ Collective Bargaining Agreement (CBA). A contract executed upon re"uest of either the employer or the exclusive bargaining representative incorporating the agreement reached after negotiations with respect to wages, hours of wor! and all other terms and conditions of employment, including proposals for adjust grievances or "uestions arising under such agreement. *Rivera vs. <spiritu, 374 SCRA 3" + Collective Bargaining 9nit (CB9). A group of employees sharing mutual interests within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit. As such, it can "ualify as a labor organiAation and its members can form a union. Collision. A term in maritime law which refers to two moving vessels which crash into each other. Colorable 'mitation. An act of infringement of a registered mar! and a form of unfair competition whereby an article is made to loo! or sound li!e the real thing when it is not. * Se%. "", RA 1!23, The

7ntelle%tual Propert- Co$e+ Combination in estraint of (rade. A conspiratorial contract or an agreement which is designed to prevent free competition in the mar!et through artificial means or resort to any artifice, such as spreading false rumors, to stifle lawful commerce. *Art. 1&, RPC+ Comit& or Comitas $entium. A principle in public international law which recogniAed and re"uires reciprocal gestures of courtesies among sovereign states concerning one another%s actions based on customs duties of personal article belonging to diplomats in a country%s jurisdiction, or lifting of visa restrictions for short periods of stay. Commercial Arbitration. An arbitration that covers any matter arising from all relations of a commercial nature, whether contractual or not. * Se%. 3((), RA !21", Alternative 9ispute Resolution A%t o+ 2,,4+ Commercial "arms. 6rivate agricultural lands which are devoted to commercial livestoc!, poultry and swine raising, and a"uaculture including saltbeds, fishponds and prawn ponds, fruit orchards, vegetable and cutflower farms, and cacao, coffee and rubber plantations. 1ote that these commercial farms are also subject to government ac"uisition upon payment of just compensation under the agrarian reform program. *Se%t. , RA &&"7, Co*prehensive A(rarian Re+or* Law+ Commodatum. A contract of loan characteriAed by the delivery of a non7consumable thing to another for the latter%s use for a certain time with the obligation to return to it. 1ote that this contract is essentially gratuitous with the ownership of the thing lent remaining with the lender. Common Carrier. A person, association, firm or corporation engaged in the business of carrying or transporting passengers or goods or both, by land, water or air transportation, offering its services to the public. *Art. 732, Civil Co$e+ Common 1a.. The system of jurisprudence, which originated from &ngland, that evolved from case law or judicial precedents rather than legislative enactments from which legal rules are derived and enforced. Thus, the phrase of common law denotes the implementation of a law that is not derived from statute. Common 1a. *arriage. 0sually referred to as ive7in 3elationship, a union of two people who agree to live together as man and wife without the benefit of legal or formal ceremony. .ee 'ohabitation. Common eputation. 3eputation that has been in existence previous to the controversy concerning facts of public or general interest that are more than F? years old, or respecting marriage or moral character, that may be admissible in evidence. 1ote that monuments and inscriptions in public places may be received as evidence of common reputation. *Se%. 4 , Rule 3,+ Common ,toc2. A stoc! which represents the residual ownership interest in the corporation, a basic class of stoc! ordinarily and usually issued without extraordinary rights or privileges that entitles the shareholders to only a pro rata division of profits. Communal "orest. A tract of land set aside by the government for the use of the residents of a municipality from which said residents may cut, collect and remove forest products for their personal use conformably with existing laws and regulations. Communit& of %ropert&. All the property owned by the spouses at the time of the celebration of their marriage or ac"uire thereafter. *Art. 1 an$ ! , >a*il- Co$e+ Compan& 9nion. An illegitimate labor organiAation that is dominated or controlled by the employer. 1ote that the employer can be held culpable for unfair labor practice for fomenting or organiAing such a

union. *Art. 2 2(i), La6or Co$e+ Compenable 'llness. Any illness which is definitely accepted as an occupational disease listed by the &mployees% 'ompensation 'ommission or any illness caused or aggravated by employment subject to proof by the employee that the ris! of contracting the same is increased by the conditions in the wor!place. *Bonilla vs. CA, 34, SCRA 7&,+ Compensator& Damages. .ee Actual 4amages. Complaint. /enerally, it is the pleading which alleges the plaintiff Hs causes of action. The names and addresses of the plaintiff and defendant must be stated in the complaint. $n criminal law, it refers to the sworn written statement charging a person with an offense. *Se%. 3, Rule & an$ Se%. 3, Rule ,+ Completeness test. The law must be complete in all essential terms and conditions so that there is nothing for delegate to do except enforce it. Complex Crime. A single criminal act resulting in the commission of two or more grave or less grave felonies, or when offense is a necessary means for committing the other. 1ote that in such cases, the penalty for the more serious crime shall be imposed in its maximum period. * Art. 41, RPC, a*en$e$ 6A%t 4,,,+ Composition in 'nsolvenc&. An agreement whereby the creditors of an insolvent agree accept a certain percentage of their claims in full settlement of such claims. $t is method of dividing the estate of the insolvent among his creditors. *Se%. &3, A%t !"&, The 7nsolven%- A%t+ Compressed 7or2 7ee2. An energy7saving labor productivity scheme which provides for an alternative arrangement whereby the normal wor!wee! is reduced to less than six days but the total number of normal wor! hours per wee! shall remain at D? or DB hours, as the case may be. The normal wor!day is increased to more that eight hours without corresponding overtime premium. This scheme can be adjusted accordingly in cases where the normal wor!wee! of the firm is five days. * 9epart*ent A$visor- 0o. 22 (9?L<), series o+ 2,,4, 7*ple*entation o+ Co*presse$ )or3wee3 S%he*es+ Compromise. A contract whereby the parties, by ma!ing reciprocal concessions, avoid litigation or put an end to one already commenced. *Art. 2,21, Civil Co$e+ Compulsor& Arbitration. The "uasi7judicial process of settling labor disputes by the 1 3' initially through the labor arbiters, or through the certification of a labor dispute by the .ecretary of the 4O & when it affects an industry indispensable to the national interest. Compulsor& Counterclaim. One which, being cogniAable by the regular courts, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party%s claim and does not re"uire for its adjudication the presence of third parties of whom the court cannot ac"uire jurisdiction. 1ote that it must be within the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the regional trial court, the counterclaim may be considered compulsory regardless of the amount. *Se%. 7, Rule 7+ Compulsor& 8eir. A forced heir, i.e., an heir for whom the law has reserved a part of the testator%s property which he cannot dispose of. The surviving spouse and children are examples of compulsory heirs. *Arts. 11& an$ 117, Civil %o$e+ Conclusive %resumption. An assertion of a fact that is deemed to be true without the need further proof. *Se%. 2, Rule 3 + Conclusiveness of )udgment. A doctrine stating that a fact or "uestion which in issue in a former suit and that was judicially passed upon and determined by a court of competent jurisdiction conclusively settled by the judgment therein as far as the parties to that action and persons in privity with them are

concerned, and cannot again be litigated in any future action between such parties or their privies in the same court or any other of concurrent jurisdiction on either the same or different cause of action, while the judgment remains unreversed by proper authority. *Ca-ana vs. CA, 42& SCRA , ?ropesa 2ar3etin( Corporation vs. Allie$ Ban3, 3!3 SCRA 271+ Concubinage. An offense committed by a husband who !eeps a mistress in the conjugal dwelling, or has sexual intercourse with a woman who is not his wife under scandalous circumstances, or who cohabits with her in any other place. *Art. 334, RPC+ Concurrence of Credits. This situation occurs, usually in an insolvency proceeding, when the same specific property of the debtor or all of his property is being claimed by several creditors. Condition %recedent. Or 'onditio .ine Iua 1on, an indispensable re"uirement without which a thing or matter cannot proceed to fruition or completion. Comdominium. An interest in real property consisting of a separate interest in a unit in a residential , industrial or commercial building, and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. *Se%. 2, RA 472&, Con$o*iniu* A%t+ Conduct 9nbecoming. A term that is applied to a broad range of transgressions of rules not only of social behavior but of ethical practice or logical procedure or prescribed method. * Ba%arias vs. 0AP?LC?2, 4 4 SCRA 317+ Confession. The declaration of an accused ac!nowledgment his guilt of the offense charged, or of any offense necessarily included therein. $t can be used against him in evidence. *Se%. 33, Rule 3,+ Confession and Avoidance. An answer or a pleading filed by party who, while admitting the allegations against him, either expressly or by implication, asserts matters or facts which render the 8confession9 ineffective, excusable inadmissible or void. Conflict of 'nterest. A situation which arises when a public official or employer is a member of a board, or a substantial stoc!holder of a private corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty. For example, a public official or employee should not have any financial or material interest in any transaction which re"uires the approval of his office. *Se%. 3(i) an$ Se%. 7(a), RA &7 3,Co$e o+ Con$u%t an$ <thi%al Stan$ar$s +or Pu6li% ?++i%ials an$ <*plo-ees+ Conjugal %artnership of $ains. A marriage settlement whereby both husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those ac"uired by either or both spouses through their efforts or by chance. The net gains or benefits obtained by either or both spouses shall be divided e"ually between them upon the dissolution of the marriage, unless otherwise agreed in the marriage settlements. *Art. ,&, >a*il- Co$e+ Conjugal %ropert&. .ee 'onjugal 6artnership of /ains. 1ote that under Art. :?< of the Family 'ode, all property ac"uired during the marriage is presumed to be conjugal. Consent. $n contract law, is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. 1ote that a "ualified acceptance constitutes a conter7offer. *Art. 3 !, Civil Co$e

Consent )udgment. A compromise agreement between the parties to end further litigation by having the same force and effect as a judgment by the court. Thus, once approved, it has the force of res judicata with respect to the contentious issues in the case. .uch a judgment, as a rule, is immediately executory. *9el Rosario vs. 2a$a-a( an$ Leviste, 247 SCRA 7&75 Central Ban3 vs. CA, & SCRA 3415 Pasa- Cit- vs. 2anila, 32 SCRA "&+ Consented Abduction. The abduction of a virgin over :> and under :B years of age, carried out with her consent but with lewd designs by the abductor. *Art. 343, RPC+ Consequential Damages. 4amages caused by the injury which may not be evident at the time when the injury was actually inflicted or caused, such as loss of income. 1ote that civil liability may arise in such a case for which restitution or indemnification may be exacted. *Art. ,4, RPC+ Consignation. The act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment. $t generally re"uires a prior tender of payment. *Ceirs o+ Luis Bu%us vs. CA, 37 SCRA 2!"+ Consignment. A mode of distribution through a dealer or agency, that is, the consignee, which ordinarily does not involve the transfer of title to the goods since they may be returned if unsold. For example, the sale of newspapers and magaAines to a news dealer who will distribute or re7sell them but subject to the return of unsold copies. Consolidation. A process by which two or more corporations unite to form a new single corporation. *Se%. 7&, BP &1, Corporation Co$e+ Conspirac&. $t exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. 1ote that conspiracy by itself is not a crime unless there is a specific provision of law ma!ing it so, such as treason, rebellion, or sedition. $t may, however, aggravate or "ualify a felony. Constituent Assembl&. 3efers to the .enate and the ,ouse of 3epresentatives when they sit down together to propose any amendment to, or revision of the 'onstitution, upon a vote of three7fourths of all its Cembers. *Se%. , Art. D'77, Constitution+ Constitution. The document which serves as the fundamental law of the state. *2. .inco, Philippine Politi%al Law, ::th ed., p.<B7=?+# that written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic *2al%ol*, Philippine Constitutional Law, p.&+. Construction Dispute. A dispute between or among the parties in a construction project. $f there is agreement to arbitrate such a dispute, the governing law is &O :??B, otherwise !nown as the 'onstruction $ndustry Arbitration aw. Constructive Contempt. A form of indirect contempt, i.e., one committed outside the court%s presence but which tends to belittle, degrade, obstruct, interrupt or embarrass the court which is tantamount to a misbehavior in the presence of or so near a court or judge as to interrupt the administration of justice. *9eli*a vs. /allar$o, 77 SCRA 211&+ Constructive Deliver&. A general term comprehending all those acts which, although not conferring physical possession of the thing, have been legally interpreted as e"uivalent to acts of real delivery. A good example is the giving of the !ey to the house as constructive delivery of the house from the seller to the buyer. *Banawa vs. 2irano, !7 SCRA " 7+ Constructive Dismissal. The 8resignation9 of an employee who is considered to do so because of an

act of clear discrimination, or disdain by an employer which becomes so unbearable that the employee is left with no choice but to forego his continued employment. $t also refers to an ostensibly lawful act by the employer which, in fact, translates into unbearable condition for the employee leaving him no option but to forego his employment, e.g., unfair demotion, geographical transfer, or an undesirable change of functions or duties, or acts of clear discrimination. * P<SR vs. Para*io, 427 SCRA 7325 Phila*(en vs. /re*a;e, 442 SCRA 274+ Constructive "raud. The unintentional commission or omission of an act that is legally re"uired which results in damage or injury to another. An example is when a debtor transfers his assets impairing the rights of his creditors, that conveyance can be set aside even if the debtor did not intend to prejudice his creditors% rights in the premises. Constructive 4otice. 1otice that is presumed by law to have been communicated to the party concerned and ought to be !nown by him regardless that it has not been personally or actually served. 1otice by publication in a newspaper of general circulation is an instance where the party concerned is considered as having been notified by fiction of law. Constructive ,ervice. The delivery of a pleading or notice that is considered to have been legally served on its intended recipient even if not actually received in person by him. $t is also !nown as substituted service which can be done by registered mail or publication in a newspaper of general circulation. Consumer. A natural person who is a purchaser, lessee, recipient or prospective purchaser, lessor or recipient of consumer products, services or credit. *Se%. 4(n), RA 73!4, Consu*er A%t+ Consumer Credit. A credit extended by a creditor to a consumer for the sale or lease of any consumer product or service, under which part or all of the price or payment, therefore, is payable at some future time, whether in full or in installments. *Se%. 4(o),RA 73!4, Consu*er A%t+ Consumer 1oan. A loan made by the lender to a person which is payable in installments for which a finance charge is or may be imposed. *Se%. 4(p), RA 73!4, Consu*er A%t+ Consumer %roducts and ,ervices. /oods, services and credits, debts or obligations which are primarily for personal, family, household or agricultural purposes, which shall include but not limited to food, drugs, cosmetics, and devices. *Se%. 4(.), RA 73!4, Consu*er A%t+ Consummated "elon&. A felony or a crime is deemed consummated when all the elements necessary for its execution and accomplishment are present. *Art. &, RPC+ Contempt of Court. $t is a defiance of the authority, justice or dignity of the courtEsuch conduct as tends to bring the authority and administration of the law into disrespect of, to interfere with, or prejudice parties litigant or their witnesses during litigation. $t signifies not only a willful disregard or disobedience to the court%s order but such conduct which tends to bring the authority of the court and the administration of law into disrepute or in some manner to impede the administration of justice. *Calili vs. Court o+ 7n$ustrial Relations, 3& SCRA 2+ Contiguous :one. &xtends up to :> nautical miles from the territorial sea. Although not part of the territory, the coastal .tate may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws. Continental ,helf. The seabed and subsoil of the submarine areas that extend beyond a coastal state%s territorial sea throughout the natural prolongation of its land territory.

Contingent "ee Agreement. A no recovery, no fee agreement between a lawyer and a client, i.e., if the lawyer wins his case, he ac"uires a right to whatever amount stipulated between him and his client. .ee also 'hampertous 'ontract. Continuing Crime. A single crime which results from a plurality or series of the same or related felonious acts over a period of time, characteriAed by a unity of criminal intent or purpose, which means that two or more violations of the same penal provisions are united in one and the same intent or resolution leading to the perpetration of the same criminal purpose or aim. An example is illegal recruitment or a pyramiding scheme which are crimes designed to victimiAe as many people as possible, or a theft of two items belonging to different owners. This is also referred to as Delito Continuado. Continuing $uarant&. One which covers all transactions, including those arising in the future, which are within the description or contemplation of the contract of guaranty, until the expiration or termination thereof. *SBTC vs. Cuen%a, 34 SCRA 71 + Continuous !asement. An easement the use of which is or may be incessant, without the intervention of any act of man. *Art. &" , Civil Co$e+ Contract. A meeting of the minds between two persons whereby one binds himself, with respect to the other, to give something or render some service. 1ote that there is no contract unless the following re"uisites concurJ *a+ consent# *b+ subject matter# and *c+ cause of the obligation. * Arts. 3," an$ 3 1, Civil Co$e+ Contract of ,ale. An agreement whereby one of the contracting parties obligates himself to sell the property exclusively to the buyer upon fulfillment of the terms previously agreed upon. $n the meantime, he retains ownership of the subject matterEeven if is should already have been delivered to the prospective buyer. Contract/Add/and/0perate. A contractual arrangement whereby the project proponent adds to an existing infrastructure facility which it is renting from the government. $t operates the expanded project over an agreement franchise period. There may or may not be a transfer arrangement in regard to the facility. *Se%. 2((), RA 77 1, Buil$#?perate#Trans+er Law+ Contract Bar ule. The period during which the majority status of the incumbent bargaining agent may not be "uestioned or subjected to a certification election. * Art. 2"3#A, La6or Co$e). .ee Freedom 6eriod. Contractor. A person who, in the pursuit of his independent business, underta!es to do a specific job or piece of wor! for other persons, using his own means and methods without submitting himself to control as to the petty details. The true test of a contractor is that he renders service in the course of an independent occupation, representing the will of his employer only as to the result of his wor!, and not as to the means by which it is accomplished. *Se%. ! , 07RC5 C7R vs. CTA, 34 SCRA 4!+ Contributor& 4egligence. A mitigating circumstance in criminal prosecutions for negligence where it can be shown that the injury or damage suffered by the offended party was caused in part by his own failure to observe the necessary precaution. Conventional edemption. This ta!es place when the vendor reserves the right to repurchase the thing sold, with the obligation to return the price of the sale, the expenses of the contract and other necessary and useful expenses made on the thing sold by the vendee. *Arts. &, an$ & &, Civil Co$e+ Cooling/off %eriod. $n labor law, the period of time that both parties to a labor dispute must observe before carrying out a stri!e or imposing a loc!out to afford each contending party more time to arrive at a mutually acceptable solution to their problem# the re"uired number of days that must elapse between

the filing of the notice to stri!e and F? days in the case of an economic stri!e, for the purpose of allowing tempers to cool down and to give a chance for reconciliation and mediation wor!. Co/o.nership. One%s proprietary interest or share of an undivided thing or right that belongs to different persons. *Art. 414, Civil Co$e+ Cop&right. The exclusive right to publish and reproduce, and to sell, license or otherwise exploit, a literary, artistic or other wor! of the mind. *Se%. 4. , RA 1!23, 7ntelle%tual Propert- Co$e+ Corporal %unishment. Any !ind of physical punishment inflicted on the body as distinguished from pecuniary punishment or fine. Corporate "arms. Agricultural lands devoted to farming which are owned or operated by private corporations or other business associations. Corporate ehabilitation. A summary and non7adversarial judicial proceeding in rem by which a debtor corporation suffering from financial difficulties that can lead to its insolvency or ban!ruptcy, or its creditors holding at least >@ percent of its liabilities, may petition the court having jurisdiction for the distressed corporation to be afforded the opportunity to rehabilitate itself financially so that it can li"uidate or pay off its debts and obligations. $n other words, it refers to an administrative or judicial process denoting a continuance of corporate life and activities in an effort to restore and reinstate the corporation to its former position of successful operation and solvency. *A2 ,,#1# ,#SC, 9e%. ", 2,,,5 Ru6- 7n$ustrial Corporation vs. CA, 214 SCRA 44"+ Corporation. An artificial being created by operation of law, having the rights of succession and the powers, attributes, and properties expressly authoriAed by law or incident of its existence. * Se%. 2, BP &1, Corporate Co$e+ Corporation b& !stoppel. An association that passes itself off as a corporation, its members !nowing that it does not have the authority to act li!e one. $ts members will be exposed to liability as general partners for all debts, liabilities, and damages arising as a result thereof, and they cannot interpose the lac! of a corporate personality as a defense precisely for that reason. Corporation ,ole. A corporation formed by the chief or head of a religious denomination for the purpose of administering and managing as trustee, its affairs, property and temporalities. * Se%. ,, BP &1, Corporation Co$e+ Corporators. The persons who compose a compose a corporation, whether as stoc!holder or members. Corpus Delicti. A atin term which refers to 8the body of the crime,9 i.e., the facts constituting or proving the commission of an offense. Corrective Damages. Amount of monetary compensation that is imposed by the court by way of example or correction for the public good, in addition to the moral, temperate, li"uidated or actual damages. $t is also !nown as exemplary damages. *Art. 222!, Civil Co$e+ Corruption of *inors. A crime committed by any person who promotes or facilitates the prostitution or corruption of persons under age to satisfy the lust of another, i.e., the act of 8pimping9 minors. * Art. 34,, RPC5 Se%. ", RA 7& ,, Chil$ A6use Law) Corruption of %ublic 0fficials. A crime committed by any person who shall have made the offers or promises or given the gifts or presents in acts constituting bribery in any of its forms. *Art. 2 2, RPC+ Costs of ,uit. $n law, they comprise the fees and indemnities in the course of judicial proceedings, whether fixed or unalterable amounts previously determined by law or regulations in force, including those amounts which are not subject to schedule.

Counsel de 0ficio. A lawyer appointed by the 'ourt to render free legal assistance to an indigent litigant who cannot afford to pay for legal representation. $t is in pursuance of the mandate under .ec. ::, Article $$$ of the 'onstitution, which statesJ 8Free access to the courts and "uasi7judicial bodies and ade"uate legal assistance shall not be denied to any person by reason of poverty.9 Counterclaim. Any claim for money or other relief which a defendant party may have against an opposing party. *Se%. &, Rule &+ Coup d+etat. A swift attac!, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the government, or any military camp or installation, communications networ!s, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the 6hilippines by any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or participation, for the purpose of seiAing or diminishing state power. * Art. 34#A, RPC as a*en$e$ 6- RA &!&1+ Court/annexed *ediation. A process conducted under the auspices of the court, after such court has ac"uired jurisdiction of the dispute. *Se%. 3( ), RA !21", Alternative 9ispute Resolution A%t o+ 2,,4+ Court/referred *ediation. A process where the parties to a pending case are directed by the court to submit their dispute to a neutral third party, called the mediator, who wor!s with them to reach a settlement of their controversy resulting in a compromise agreement on the basis of which the court will render judgment. *Se%. 3(*), RA !21", Alternative 9ispute Resolution A%t o+ 2,,4+ Craft. $n criminal law, an aggravating circumstance characteriAed by tric!ery and cunning on the part of the offender in his commission of the offense. *People vs. 4uliano, !" SCRA " 5 Art. 4( 4), RPC+ Crime ,&ndicate. .ee OrganiAational 'rime /roup. Criminal Action. A proceeding in court by which the .tate prosecutes a person for an act or omission punishable by law. *Se%. 3(6), Rule ) Criminal Contempt. 'ontempt of court that consists of conduct directed against the authority and dignity of a court or of a judge, as in unlawfully assailing or discrediting the authority and dignity of a court or a judge or in doing a forbidden act. *People vs. /o$o-, 243 SCRA &4) Criminal )urisdiction. The authority to hear and try a particular offense and impose the punishment for it. *People vs. 2ariano, 7 SCRA &,,+ Criminal 1a.. That branch of law which defines crimes and criminals and provides for their punishment. Criminal 1iabilit&. The liability incurred by a person who commits a felony even if the wrongful act done is different from what he intended, or when he performs an act which would be an offense against persons or property, were it not for inherent impossibility of its accomplishment or on account of the employment of inade"uate or ineffectual means. *Art. 4, RPC+ Cross !xamination. &xamination of the witness by the adverse party as to any matters stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. *Se%. &, Rule 32+ Cross/claim. Any claim by one party against a co7party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. *Se%. 1, Rule &+ Crossed Chec2. A chec! that will not be encashed by the ban! because by 8crossing9 it, the drawer is directing the ban! to credit the amount of the chec! to the account of the payee only who, in turn, may

withdraw said amount from his account. Cruelt&. As an aggravating circumstance, it means that the wrong done in the commission of the crime is deliberately augmented by causing another wrong which is not necessary for its commission, e.g., sadism or unnecessarily inflicting moral and physical pain. *Art. 4(2 ), RP%5 People vs. Luna, "1 SCRA !15 People vs. Lla*era, " SCRA 41+ Culpa Aquiliana. 'ivil liability arising from fault or negligence which usually results from the commission of a tortuous act or "uasi7delict. Culpa Contractual. 'ivil liability resulting from fault or negligence in the performance of a contractual obligation. Curative ,tatute. A law that is enacted to cure defects in a prior law or to validate legal proceedings, instruments or acts of public authorities which would otherwise be void for want of conformity with certain existing legal re"uirements. Currenc&. All 6hilippine notes and coins issued or circulating in accordance with 3A =<@F, the law creating the )ang!o .entral ng 6ilipinas *).6+. Custodia 1egis. A atin phrase which means 8in the custody of the law9, that is, in the lawful and physical possession of a court or public officer in obedience to a judicial or administrative order. Custodial 'nvestigation. The investigation of a person who has been arrested or detained, or 8invited9 by law enforcement authorities to answer "uestions in connection with a crime he is suspected to have committed. This is the initial stage of a criminal investigation whereby the police or prosecutors is trying to determine whether or not there is probable cause or a prima facie case against the accused or person held in custody for the purpose of filing the necessary information or releasing the accused. The term custodial investigation includes the practice of issuing an 8invitation9 to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the 8inviting9 officer for any violation of law. This is also the stage during which a person arrested must be informed of his constitutional rights. * Rule "5 Se%. 2, RA 7431, Ri(hts o+ Persons un$er Custo$ial 7nvesti(ation+. .ee Ciranda 4octrine. ?.?????? ?.??????

Bad "aith. $t connotes a dishonest purpose or some moral obli"uity and conscious doing of a wrong, a breach of sworn duty through some motive or intent or ill will. * Llorente vs. San$i(an6a-an, 217 SCRA 312) Bail. .ecurity given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as re"uired under conditions specified under the rules of court. (see Se%. , Rule 4, Revise$ Rules o+ Cri*inal Pro%e$ure+. Balancing of interest rule. (hen particular conduct is regulated in interest of public order, and the regulation results in an indirect, conditional, partial abridgment of speech, the duty of the courts is to determine which of the > conflicting interests demands the greater protection under the particular circumstances presented *A*eri%an Co**uni%ations Asso%iation v. 9ou$s, FF; 0. >B>+. Band. A group of malefactors numbering more than three, it may be an aggravating circumstance when the members of the group shall have acted in concert in the commission of a crime. *Art. 4(&), RPC+ Bangalore Draft. The draft, agreed to by world jurists in a judicial conference held in )angalore,

$ndia, and adopted as the model by the .upreme 'ourt of the 6hilippines in promulgating the 0ew Co$e o+ 4u$i%ial Con$u%t +or the Philippine 4u$i%iar- and the Co$e o+ Con$u%t +or Court Personnel, both of which too effect on Gune :, >??D. *A2 0o. ,3#,"#, #SC, April 27, 2,,") Ban2. An entity engaged in the lending of funds obtained in the form of deposits. * Se%. 3, RA 17! , /eneral Ban3in( Law o+ 2,,,) Ban2 ,ecrec& 1a.. 3epublic Act 1o. :D?@, the law which mandates that deposits in ban!s, including investments in government bonds, are to be considered as absolutely confidential in nature. As such, they may not be in"uired into except upon written permission of the depositor, or in cases of impeachment, or upon order of a competent court. The purpose of the law is to encourage the people to deposit their money in the ban!s and discourage hoarding so that they can be made available as loans to contribute to the economic development of the country. Bar. The collective reference to the profession of law comprising all the lawyers who have been admitted to the bar, ta!en their oath, and whose names appear in the 3oll of Attorneys. * /ar%ia vs. 9e 'era, 4 1 SCRA 27+ Baranga&. The basic unit of local government which serves as the primary planning and implementing unit of government policies and programs in the community, and acts as a forum wherein the collective views of the people may be expressed, and their disputes amicably settled. * Se%. 314, RA 7 &,, Lo%al /overn*ent Co$e o+ !! + Bargainable !mplo&ee. /enerally, it refers to a ran!7and7file employee who belongs to an established collective bargaining unit. Bargaining epresentative. A legitimate labor organiAation or any officer or agent thereof, whether or not wor!ing for the employer, which spea!s for and represents the members of that organiAation in its dealings with the employer, e.g., collective bargaining negotiations, grievance handling, etc. * Art. 2 2(;), La6or Co$e+ Barratr&. Any willful misconduct by the master of a vessel in pursuance of some unlawful or fraudulent purpose without the consent of the owner and to the prejudice of the owner%s interest. *Ro.ue vs 7nter*e$iate Appellate Court, 3! SCRA "!&+ Basic 4ecessities. 0nder the law, is defined by enumerating what it embraces, namely, rice, corn, bread, fresh, dried and canned fish and other marine products, fresh por!, beef and poultry, fresh eggs, fresh and processed mil!, fresh vegetables, root crops, coffee, sugar, coo!ing oil, salt, laundry soap, detergents, firewood, charcoal, candles, and drugs classified as essential by the 4epartment of ,ealth. *Se%. 3( ), RA 7"1 , The Pri%e A%t+ Battered 7oman ,&ndrome. A defined pattern of psychological ad behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Those found by the courts to be suffering from this syndrome do not incur any criminal or civil liability, notwithstanding the absence of any of the elements to justify self7defense under the 3evised 6enal 'ode. * Se%. 3(9)(%) an$ Se%. 2&, RA !2&25 People vs. /enosa, 4 ! SCRA "37+ Batter&. An act of inflicting physical harm upon the woman or her child resulting in physical and psychological or emotional distress. *Se%.3 (9)(6), RA !2&2+ Bench 7arrant. A common law term which ordinarily refers to a court order for the arrest of a person to compel his attendance in a hearing before the court, either as a witness who has ignored a duly issued subpoena, or a defendant charged with contempt of court. Beneficial 0.ner. Any person who, directly or indirectly, through any contract arrangement,

understanding, relationship or otherwise, possesses or shares voting power in regard of any security as to its investment disposition. Beneficial 0.nership. One that is recogniAed by law and capable of being enforced in the courts at the suit of the beneficial owner. 1ote that this is to be differentiated from na!ed ownership, which is the enjoyment of all the benefits and privileges of ownership, as against possession of the bare title of property. Berr& ule. 'riteria that must be observed before a new trial may be granted by the courts on the ground of newly discovered evidence. Thus, it must be shown *a+ that the evidence was discovered after trial# *b+ that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence# *c+ that it is material, not merely cumulative, corroborative, or impeaching# and *d+ the evidence is of such weight that it would probably change the judgment if admitted. */en. Luther Custo$io vs. San$i(an6a-an, 4"3 SCRA 24, %itin( Berr- vs. State o+ /eor(ia, , /A " ( 1" )+ Best !vidence ule. The rule that the original document itself is the best evidence of what it contains. $t is only when the original document cannot be produced that a secondary or other evidence of its contents may be adduced. Best 'nterest of the Child . The totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child%s physical, psychological and emotional development. $t also means the least detrimental available alternative for safeguarding the growth and development of the child. * Se%. 4(6), RA !344, 4uvenile 4usti%e an$ )el+are A%t o+ 2,,&+ Betting. A wager of money or article of value upon the result of any game, races and other sports contests. *Se%. (a), P9 413+ Bidding. $n its comprehensive sense, it means ma!ing an offer or an invitation to prospective contractors whereby the government manifests its intention to ma!e proposals for the purpose of procuring supplies, materials and e"uipment for official business or public use, or for public wor!s or repair. *4/ Su**it vs. CA, 4 2 SCRA ,+ Bigamous *arriage. A marriage contracted by any person during the subsistence of a previous marriage and is, therefore, null and void. *Art. 4 , >a*il- Co$e+ Bigam&. The punishable act of any person who contracts a second or subse"uent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. *Art. 34!, RPC+ Bill of Attainder. A legislative act which inflicts punishment without judicial trial. $t is against the 'onstitution to enact such a bill into law. *Se%. 22, Art. 777, !17 Constitution+ Bill of !xchange. An unconditional order in writing addressed by one person to another, signed by the person giving it, re"uiring the person to whom it is addressed to pay on demand or a fixed or determinable future time a sum certain in money to order or to bearer. * Se%. 2&, A%t 2,3 , The 0e(otia6le 7nstru*ents Law+ Bill of 1ading. The written evidence of a contract for the carriage and delivery of goods sent by sea for a certain freight. *Art. 3",, Co$e o+ Co**er%e+

Bill of %articulars. A motion by the adverse party for a more detailed statement of any matter which is not averred with sufficient definiteness or particular to enable him to prepare properly his responsive pleading. .uch a detailed listing and explanation of the claims made by the plaintiff may b re"uired by the court on its own or at the instance of the other party to the case. *Se%. , Rule 2+ Bill of ights. A constitutional listing of the rights of citiAens which defines the scope and extent of the .tate%s power to interfere with the exercise of those rights to the end that 8no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the e"ual protection of the laws,9 among >: other rights enumerated under Article $$$ of the :;B= 'onstitution. Blac2mail. A crime of extortion committed by any person who threatens another to publish a libel concerning him or his parents, spouse, child, or other members of his family, or who offers to prevent the publication of such libel for a monetary consideration. *Art. 3"&, RPC+ Blan2et Clause. .ee 4ragnet 'lause. Boiler oom ,ales. A price manipulation scheme in securities trading by the use of high7pressure sales tactics to promote purchases as sales of certain stoc!s. B0( ,cheme. An acronym which stands for build7operate7and7transfer scheme, it refers to a contractual arrangement with the government whereby the contractor underta!es the construction , including financing, of a given infrastructure facility, and the operation and maintenance thereof. $t admits of variations, the most common of which is simply a build7and7transfer arrangement. * Se%. 2, RA &!"7) Bouncing Chec2. A chec! that is dishonored for encashment by a drawee ban! upon presentment for the reason that the drawer does not have sufficient funds to cover the amount of the chec!. * Se%. , BP 22+ Boundar& ,&stem. A system whereby the franchise holder of a jeepney or taxi rents out his vehicle for a fixed sum called the 6oun$ar- to a driver7operator whose income thereon depends on his earnings in excess of the boundary. $ts legality is deemed "uestionable. Briber&. .ee 4irect )ribery and $ndirect )ribery. Brief. A legal paper containing arguments and discussions usually concerning a contentious point of law under a certain set of facts and circumstances. Brigand. A member in a gang of robbers comprising more than three armed persons who conspire to commit robbery in the highway, !idnapping for ransom, or for other purpose to be attained by means of force and violence. *Art. 3,&, RPC+ Brigandage. A grave felony committed by more than three armed persons who constitute themselves into a band of robbers for the purpose of committing robbery on the highway or !idnapping for ransom, or to attain any other purpose by means of force or violence. *Art. 3,&, RPC+ Bro2er. A person engaged in the business of buying and selling securities for the account of others. ,e is usually the middleman who ordinarily acts as an agent for both parties to a transaction, on a commission, negotiating contracts relative to the property with the custody of which he has no concern. Build/and/(ransfer. A contractual arrangement whereby the project proponent underta!es the financing and construction of a given infrastructure or development facility, and after its completion turns it over to the government agency or local government unit concerned, which shall pay the proponent on an agreed schedule the amount of its total investments expended on the project, plus a reasonable rate or return thereon. *Se% 2(%), RA 77 1, Buil$#?perate#Trans+er Law+ Builder in $ood "aith. A person who builds, believing that the land he is building on belong to him,

or that by some title he has the right to build thereon, and is ignorant of any defect or flaw in his title. *Art. 441, Civil Co$e5 Rosales vs. Castelltort, 472 SCRA 44+ Bul2 Bu&ing. $n realty law, it refers to purchase by a person, natural or juridical, of more than one saleable lot or unit within an , 03)7approved subdivision for the purpose of reselling the same with or without introducing alteration on the approved plan. * Se%. , CLARB A$*. ?r$er 0o. ,!, Series o+ !!4, pursuant to P9 !"7+ Burden of !vidence. The onus that the party must carry to overcome the weight of the evidence which has tilted against him. Thus, it may shift bac! and forth during the course of the trial depending on who is better able to sustain a prima facie case in his favor. On the other hand, the burden of proof remains from the first to the last upon the party whose tas! is to establish the truth of his allegation. Burden of %roof. The duty of a party to present evidence on the facts in issue necessary to establish his claims or defense by the amount of evidence re"uired by law. *Se%. , Rule 3 + Bu&/Bust 0peration. A form of entrapment sanctioned by law whereby ways and means are resorted to for the purpose of trapping and capturing law brea!ers in the execution of their criminal plan. *People vs. Bhen( Cai Cai, 331 SCRA 42,+ ?.?????? ?.??????

Abandoned Child. 0nder the law on domestic adoption, a person below :B years old and has no proper parental care or guardian or whose parents have deserted him for a period of at least six continuous months and has been judicially declared as such. *Se%. 3(e), RA 1""2, 9o*esti% A$option A%t o+ !!1.) Abandonment. $n labor law, an employer defense against the change of illegal or constructive dismissal. To exist, however, it is essential that *a+ the employee must have failed to report for wor! or must have been absent without justifiable reason# *b+ there must have been a clear intention to sever the employer7employee relationship manifested by some over acts. (Phila*(en vs. /ra*a;e, 442 SCRA 274) Abduction. /enerally, the term connotes the ta!ing away of a woman forcibly or with intimidation, resulting in the deprivation of that woman%s liberty for an appreciable length of time. (AS vs. Ale@an$er, 1 Phil. 2!) Absent ,pouse. A spouse who has been missing for at least four years, it being un!nown whether or not he or she is still alive, and the present spouse having a well7founded belief that the missing spouse is already dead. This is a defense against prosecution for a bigamous marriage. (Art. 4 , >a*il- Co$e) Absentee. A person whose whereabouts and existence are not !nown in the sense of the law allowing a subse"uent marriage and for purposes of administration of the estate of the absentee and of succession. Absentee 3oting the process by which "ualified citiAens of the 6hilippines living abroad, including dual citiAens, exercise their right to vote for 6resident, 2ice 6resident, .enators and 6arty7list 3epresentatives. (Se% 3(a), RA ! 1!, ?verseas A6sentee 'otin( Law5 RA !22", Citi8enship Retention an$ Rea%.uisition A%t o+ 2,,35 Loi$a 0i%olas#Lewis, et al. vs. Co*ele%, /R &27"!, Au(ust 4, 2,,&) Absolute (itle. Also referred to as a title of fee simple, a non7contestable title to a thing. Absolutel& %rivileged Communication. $n the law of libel, it pertains to privileged communication which is not actionable even if the author has acted in bad faith. An example is found in .ec. ::, Art.

2$ of the 'onstitution which exempts a member of 'ongress from liability for any speech or debate in the 'ongress or in any committee thereof. (Bor;al vs. CA, 3, SCRA ) Abuse of ,uperior ,trength. An aggravating circumstance, it refers to the use of force or strength far in excess of what is necessary to overcome any defense that a victim is capable of putting up by way of resistance. Academic "reedom. /enerally, it refers to the right of individuals in university communities such as professors, teachers, researchers, and administrators to investigate, pursue, discuss and, in the immortal words of .ocrates, 8to follow the argument wherever it may lead,9 free from internal or external interference or pressure. $t pertains to the independence of an academic institution to determine for itself who may teach, what may be taught, how it shall teach, and who may be admitted to study. (Ateneo $e 2anila vs. Capulon(, 222 SCRA &445 Re(ino vs. Pan(asinan Colle(es o+ S%ien%e an$ Te%hnolo(-, 443 SCRA "&) Acceleration Clause. A contractual stipulation that provides for the acceleration of the date of payment in full under certain specified conditions or circumstances, such as the failure or inability of a debtor in meeting his amortiAation schedule on time. Access Device. Any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, e"uipment, or instrumental identifier, or other means of account access that can be used to obtain money, goods, services, or any other thing of value or to initiate a transfer of fundsEother than a transfer originated solely by paper instrument. (Se%.3(a), RA 1414 E A%%ess 9evi%es Re(ulation A%t o+ !!1) Accessor&. A person who, having !nowledge of the commission of the crime, and without having participated therein, either as principal or accomplice, ta!es part subse"uent to its commission either by profiting therefrom, or concealing its effects, or harboring or assisting in the escape of the principal of the crime. (Art. !, Revise$ Penal Co$e) Accessor& %enalt&. An additional penalty which is imposed as a conse"uence of the principal penalty, depending on the nature of the offense, e.g., suspension, perpetual or temporary dis"ualification. Accion %ubliciana. An action for recovery of possession of property filed one year of the dispossession. $t is a plenary action in an ordinary civil proceeding to determine the better right of possession of realty independently of title. (Ra*os#Balalio vs. Ra*os, 47! SCRA "33) Accion einvindicatoria. An action for the recovery of title or ownership over a piece of land. Accomplice. A person who cooperates in the execution of the offense by previous or simultaneous acts. (Art. 1, Revise$ Penal Co$e) Accretion. A mode of ac"uiring property by a riparian owner which re"uires the concurrence of the following re"uisitesJ *a+ that the accumulation of the soil or sediment is gradual and imperceptible# *b+ that it is the result of the action of the waters of the river# and *c+ that the land where the accretion has ta!en place is adjacent to the ban! of the river. This is the opposite of avulsion. (Art. 4"7, Civil Co$e5 0avarro vs. 7nter*e$iate Appellate Court, 2&1 SCRA 74) Accrued 'nterest. $nterest which has fallen due but remains unpaid. Ac2no.ledgment. .ometimes also referred to as verification, it is a sworn statement usually appended to a legal document or pleading that the signer or verifier ac!nowledges the fact that he has read and caused the document or pleading to be prepared, and that he !nows the contents thereof of his own personal !nowledge. Acquisitive %rescription. The ac"uisition of ownership and other real rights through the lapse of time.

(Art.

,&, Civil Co$e)

Acquittal. A judgment by a court that the accused is found not guilty of the criminal charge against him and is, therefore, absolved from prosecution for that crime. Act of $od. Also referred to as "ortuitious !vent or "orce *ajeure, a natural disaster the occurrence of which cannot be foreseen or prevented, such as earth"ua!es, typhoons, tsunamis, floods, etc. Act of ,tate. A sovereign act of government which cannot be the subject of a suit or be actionable in law. Act of ,tate Doctrine. 3espect for another sovereign state%s judicial acts. 8&veryone sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory.9 Action for econve&ance. One that see!s to transfer property, wrongfully registered by another, to its rightful and legal owner. Action in %ersonam. A suit directed against specific persons and which see!s personal judgments. (Se%. ", Rule 4, Rules o+ Court) Action in em. A suit directed against the thing or property or status of a person and which see!s a judgment with respect thereto as against the whole world. (Se%. ", Rule 4, Rules o+ Court5 Ro*ual$e8#Li%aros vs. Li%aros, 4, SCRA 7&2) Actionable. A matter or action that creates a ground, i.e., a cause of action, or a suit at law. Acts of 1asciviousness. 0nlawful sexual acts committed by persons of either sex which do not amount to rape. (Art. 33&, RPC) Actual Case or Controvers&. A conflict involving opposite legal claims susceptible of judicial resolution, one that is 8definite and concrete, touching the legal relations of parties having adverse legal interests,9 constituting a real and substantial controversy admitting of specific relief. (9avi$ vs. Arro-o, 41! SCRA &,) Actual Damages. Also called as compensator& damages, these are compensation to which a person is entitled for any pecuniary loss which he proves to have been duly suffered by him. (Art. 2 !!, Civil Co$e) Actual "raud. .ometimes referred to as positive fraud, it arises from an intentional deception practiced by means of misrepresentation or concealment or a material fact. Ad 'nterim Appointment. An appointment made by the 6resident during a congressional recess, effective only until disapproved by the 'ommission on Appointments or until the next adjournment of 'ongress. Ada. 'ustomary law which forms part of $slamic aw. 0nless embodied in the Cuslim 'ode of the 6hilippines, it must be proven in evidence as a fact. (P9 ,13, 2usli* Co$e o+ the Philippines) Adhesion Contract. A contract drafted by the stronger party, then presented for acceptance to the wea!er party who has no power to modify its terms. Adjudicate. The act of a judge in rendering a judgment, or ma!ing a decision between two opposed or competing claims, or upholding or denying a cause of action. Administrative 1a.. The body of laws, rules and regulations, rulings and resolutions which govern the activities of the government bureaucracy as administered by the &xecutive )ranch in the exercise of its "uasi7legislative and "uasi7judicial powers.

Administrator *m+ or Administratrix *f+. The person entrusted with the care, custody and management of the estate of a deceased person until the estate is partitioned and distributed to the heirs, legatees, and devisees. (Rule 71) Admiralt& 1a.. The branch of law which deals with maritime matters. Admission. $n the law of evidence, it refers to a statement, oral or written, made by a party about the existence of a relevant fact which can be ta!en against him that is material in a court proceeding. Adoption. A juridical act which creates between two persons a relationship similar to that which results from legitimate paternity and filiation. (Prasni3 vs. Repu6li%, !1 Phil. &&") AD %rovider. An institution or person accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative 4ispute 3esolution *A43+ system. (Se%. 3(6), RA !21", Alternative 9ispute Resolution A%t o+ 2,,4) Adulter&. A crime committed by a married woman who has sexual intercourse with a man other than her husband and by the man who has carnal !nowledge of her, !nowing her to be married even if the marriage is subse"uently declared void. (Art. 333, RPC) Advance ,heet. A promulgated decision of the court which is made available in a temporary form prior to printing or publication. Adverse Claim. $t usually refers to a claim that is adverse to the title of a registered owner over a certain property, e.g., a piece of land. Adverse %art&. $t usually refers to a party litigant in a case who would be adversely affected by the court%s decision. (Se%. 3, Rule 4 , Rules o+ Court) Adverse %ossession. The exercise of proprietary rights in the concept of an owner, usually over a disputed piece of land. Advertiser. The client of the advertising agency or the sponsor of the advertisement on whose account the advertising is prepared, conceptualiAed, presented or disseminated. (Se%. 4($), RA 73!4, Consu*er A%t o+ the Philippines) Advertising. The business of conceptualiAing, presenting or ma!ing available to the public, through any form of mass media, fact, data or information about the attributes, features, "uality or availability of consumer products, services, or credit. (Se%. 4(6), RA 73!4) Advertising Agenc&. A service organiAation or enterprise creating, conducting, producing, implementing or giving counsel on promotional campaigns or programs through any medium for and in behalf of any advertiser. (Se%. 4F, RA 73!4) Advocate. A person who champions the cause of another in a court of law. $t usually refers to a legal counselor7 or attorney7at7law. Aerodome. A defined area on land or water, including any buildings, installations and e"uipment intended to be used either wholly or in part for the arrival, departure and movement of aircraft. (Se%.3(6), RA 77&, Civil Aeronauti%s A%ts) Aeronautics. The science and art of flight. (Se%. 3(%), RA 77&) Affidavit. An e@ parte statement in writing made under oath before a notary public or other officer authoriAed to administer oaths, about facts which the affiant either !nows of his own personal !nowledge or is aware of to the best of his !nowledge. Affidavit of Desistance. A sworn statement, executed by a complainant in a criminal or administrative

case, that he or she is discontinuing or disavowing his complaint for whatever reason he or she may site. (People vs. 9ela Cerna, 3!, SCRA "31) Affirmative Defense. An allegation of new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. Affirmative defense include fraud, statute of limitations, release or payment, illegality, statute of frauds, estoppel, former recovery, discharge in ban!ruptcy, and any other matter by way of confession and avoidance. (Se%. ", Rule &, Rules o+ Court) Agabon Doctrine. A modification of the )enphil 9o%trine in that the indemnity to be paid to an otherwise legally dismissed employee has been significantly increased in cse the termination was effected without complying with the due process re"uirements of notice and hearing. This is to discourage 8dismiss now, pay later9 practices resorted to by employers under the (enphil 4octrine which imposed very nominal damages only. (Art. 212, La6or Co$e5 A(a6on vs. 0LRC, 442 SCRA "73) Agama Arbitration Council. An arbitration body formed to assist the ShariGa courts in resolving disputes affecting domestic and family relations between parties in the areas governed by the Cuslim 'ode of the 6hilippines. Age of Criminal esponsibilit& . The age when a juvenile who is nine years old or over but under fifteen years commits an offense with discernment. Age of *ajorit&. Attainment of the age of :B years. Once attained, a person gains emancipation from parental authority which means that such person is now "ualified and responsible for all acts of civil life. (Art. 234, >a*il- Co$e, as a*en$e$ 6- RA &1,!) Agenc&. A contract whereby a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. .uch a person is the agent and the person he represents is called the principal. (Art. 1&1, Civil Co$e) Agenc& "ee. A reasonable amount assessed and chec!ed off by a labor union from the wage of a non7 union member in the collective bargaining unit who accepts the benefits of the labor contract negotiated by the union. 1ote that the amount collected shall be e"ual to the fee collected from the members even as no chec!7off authoriAation is re"uired in such cases. (Art. 241(e), La6or Co$e) Agenc& ,hop. A union security clause in a collective bargaining agreement that re"uires even a non7 member or the labor organiAation to pay union dues as a condition of continued employment. Agent of a %erson in Authorit&. Any person who, by direct provision of law or by election or appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, as well as any person who comes to the aid of persons in authority. (Art. "2, RPC) Aggravating Circumstance. A circumstance which, if present in the commission of the felony, will serve to increase the penalty. $t can be personal to the offender such as if he is a recidivist or is a public officer. $t can pertain to how the crime is committed, e.g., with contempt or abuse of confidence, or the period of the day when the crime is committed as during nighttime. Agrarian Dispute. A case, controversy, matter or incident which involves the implementation of agrarian laws and their implementing rules and regulations, and over which the 4A3A) exercises primary jurisdiction, both original and appellate, to determine and adjudicate. !Se%. ",, RA &&7, CARL5 Ar8a(a vs. Copias, 4,, SCRA 41) Agrarian eform. Core commonly referred to as 8land reform,9 it means the redistribution of lands, regardless of crops or fruits produced, to farmers and regular farm wor!ers who are landless,

irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements or alternatives to the physical redistribution of lands, such as production or profit7sharing, labor administration and the distribution of shares of stoc!, which will allow beneficiaries to receive a just share of the fruits of the lands they wor!. $n sum, it refers to the government%s program for the redistribution of lands to landless tenants and farmwor!ers with the ultimate objective of establishing owner7cultivator of economic7siAe farms as the basis of 6hilippine agriculture. (Se% 3(a), RA &&"7, CARL) Agricultural 1and. and that is devoted to agricultural activity, and not otherwise classified as mineral, forest, residential, commercial or industrial land, thus ma!ing it subject to government ac"uisition under its land reform program. (Se% 3(%), RA &&"7) Agricultural (enanc&. The physical possession by a person of agricultural land belonging to another for the purpose of production through the labor of the former in consideration of which the former agrees to share the harvest with the latter, or to pay a price certain either in produce or in cash, or both. (Se% 3, RA !!, A(ri%ultural Tenan%- A%t5 2on vs. CA, 427 SCRA &") Air Carrier. Air transportation for pay or hire, the navigation of aircraft in furtherance of a business, or the navigation of aircraft from one place to another for operation in the conduct of a business. (Se% 3(+), RA 77&, Civil Aeronauti%s A%t) Air (ransportation. .ervice or carriage of persons, property, or mail, in whole or in part, by aircraft. (Se% 3(h), RA 77&, Civil Aeronauti%s A%t) Air.a&. A path through the navigable air space identified by an area specified width on the surface of the earth designated or approved by the 'ivil Aeronautics Administration, now called the Air Transportation Office *ATO+, as suitable for air commerce or air transportation. (Se%3(n), RA 77&) Air.a& Bill. A bill of lading which governs the relationship of shipper and carrier in the transport of goods by air. Air.orthiness. An attribute pertaining to an aircraft which means that its engine propellers, and other components and accessories, are of proper design and construction, and are safe for air navigation purposes, such design and construction being consistent with accepted engineering practice and in accordance with aerodynamic laws and aircraft science. (Se% 3(o), RA 77&) Alarm. A light felony created by any person who causes alarm or danger such as firing a gun, exploding a firecrac!er, or otherwise commits any act calculated to disturb public tran"uility. (Art. "", RPC) Aleator& Contract. A contract whereby one of the parties or both reciprocally binds themselves to give or to do something in consideration of what the other shall give or do upon the happening of an event which is uncertain, or which is to occur at an indeterminate time. A life or non7life insurance policy is a good example of an aleatory contract. (Art. 2, ,, Civil Co$e) Alevosia. Treachery, an act involving means, methods or forms employed by the offender to insure the execution of any of the crimes against persons, without ris! to himself arising from the defense which the victim or offended party might ma!e. (Aart. 4( &), RPC) Alias. A fictitious name different from the one with which a person was registered at birth in the ocal 'ivil 3egistry, or with which a person was registered in the bureau of immigration upon entry. (CA 42, as a*en$e$ 6- RA &,1", Anti#Alias Law) Alias 7rit. A writ issued by a court to replace one that was previously issued or failed to be enforced. Alibi. A wea! defense based on what is usually a self7serving allegation that a person was at another

place for such a period of time that it was impossible for him to have been at the place where and when the crime was committed. As a mode of deflecting criminal liability, the accused must establish with clear and convincing evidence not only that hw was somewhere else when the crime was committed but also that it was physically impossible for him to have been at the scene of the crime at the time it was committed. Alien. A person who is not a citiAen of the 6hilippines who may be living permanently or temporarily on its soil. ,e enjoys the same civil or human rights of a citiAen. Alienation of Affection. Actionable behavior by a third person who causes a split or loss of affection between two spouses by his wrongful conduct such that a spouse voluntarily leaves by being thus enticed away. Alimon& %endente 1ite. The payment of alimony during the pendency of an action between spouses. Allision. A term in admiralty law which refers to a collision between a moving vessel and a stationary vessel or marine object. Alluvion. see Accretion. Alternative Circumstance. A circumstance which may be aggravating or mitigating depending on the nature and effects of the crime and the other condition attending its commission, e.g., relationship, intoxication, education of the offender, etc. (Art. ", RPC) Alternative Defendants. A situation that where the plaintiff is uncertain against which of several persons hi is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right to relief against the other. (Se%. 3, Rule 3, Rules o+ Court) Alternative Dispute esolution. A43 for short, it refers to the procedure or method used to resolve a dispute or controversy, other that by adjudication of a presiding judge of a court or an officer of a government agency in which a neutral third party participates to assist in the resolution of issues, which includes, arbitration, mediation, conciliation, early neutral evaluation, mini7trial, or any combination thereof. (Se% 3(a), RA !21", Alternative 9ispute Resolution A%t o+ 2,,4) Alternative *edicine. A catch7all term embracing the sum total of !nowledge, s!ills and practices on health care, other than those embodied in biomedicince used the prevention, diagnosis, and elimination of physical or mental disorder. As a rule, it includes the use of traditional healing practices as well as herbal medicine and natural products. (RA 1423, Tra$itional an$ Alternative 2e$i%ine A%t o+ !!7) Amicus Curiae. A 8friend of the court9 whose legal learning or expertise is judicially sought to advise on matters of which a judge may be doubtful or in need of special assistance. Amnest&. An act of the 6resident, with the concurrence of all the members of the 'ongress, granting pardon to a class of offenders, usually accused or convicted of political offenses, thus absolving them of criminal liability. /enerally, it refers to a general pardon extended by the 6resident to a group of persons accused of political offenses with the effect of 8wiping the slate clean9 as regards those pardoned. (Art. '77, Se%. !, Constitution5 Tolentino vs. Cato-, 12 Phil. 3,,) Amorti-ation. The extinguishment of a debt or loan through payment by installment over a stipulated period of time. Ancestral Domain. All areas generally belonging to indigenous cultural communities and indigenous peoples comprising lands, inland waters, coastal areas and natural resources therein, held under claim of ownership and possessed and occupied by them since time immemorial. (RA 137 , 7PRA o+ !!7) Ancestral 1ands. $n agrarian reform, it refers to ancestral lands belonging to an indigenous cultural

community, including lands in the actual, continuous and open possession and occupation of that indigenous community and its members whose right to such lands shall be protected to ensure their economic, social and cultural well7being. $t also refers to lands exclusively and actually possessed, occupied, or utiliAed by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial. (Se%. 7, RA &&"7, CARL5 Se%. 3, RA 7!42, Philippine 2inin( A%t o+ !!") Ancient Document. A document which has been in existence for more than F? years since its execution. To be admissible in evidence without further proof of its authenticity, it must be found in the possession of its proper custodian, and not blemished or marred by suspicious alterations or mar!ings. Ans.er. The pleading in which a defending party sets forth his defenses against the complaint which must be filed within :@ days after service of summons. (Se%. 4, Rule , R?C) Antedated Chec2. A chec! that is dated earlier than when it was actually drawn or delivered to ma!e it appear that it had been drawn earlier but delayed in delivery. 1ote that it is not invalid for that reason unless it is drawn for an illegal or fraudulent purpose. (Se%. 1, ACT 2,3 , 0e(otia6le 7nstru*ents Law) Antichresis. A contract that entitles the creditor to receive the fruits of an immovable property of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit. (Art. 2 32, Civil Co$e) Anti/Dumping Dut&. The amount of duty levied on a 8dumped9 product, commodity or article of commerce to discourage its importation into the 6hilippines. (RA 17"2, Anti#9u*pin( A%t o+ !!!) Antique. A rare cultural item or property which is at lest :?? years old. (Se%.3, RA 414&, Cultural Properties Preservation an$ Prote%tion A%t) Anti/,ubversion Act. The law which criminaliAes any act or conspiracy to overthrow the government for the purpose of establishing a totalitarian regime, and to a place the government under the control and domination of an alien power. (Se%. 2, RA 7,,, Anti#Su6version A%t) Apparent !asement. An easement which is made !nown and is continually !ept in view by external signs that reveal the use and enjoyment of the same. (Art. & ", Civil Co$e) Appeal. The remedial procedure by which an aggrieved party elevates the decision of a lower court to a higher court for review and reconsideration with a view to having it reversed or modified. Appeal b& Certiorari. An appeal to the .upreme 'ourt where, generally, only "uestions of law are raised or involved. 1ote that review by the .upreme 'ourt is not a matter of right but of sound judicial discretion. (Rule 4", Rules o+ Court) Appearance. A judicial term to denote a party%s or a counsel%s voluntary submission to a court%s jurisdiction. Appellant. The party in a case who appeals a lower court%s decision to a higher court. Appellee. The prevailing party in a case against whom a decision is appealed to a higher court. Apprentice. A wor!er who is covered by a written apprenticeship agreement with an individual employer, who is at least :D years old, engaged in a trade or occupation which re"uires practical training on the job, supplemented by theoretical instruction. As a rule, the period of apprenticeship shall not exceed six months for which the apprentice must be compensated at a rate not lower that =@ percent of the applicable minimum wage. The term is no to be confused with a learner. (Art. "1, La6or Co$e) Apprenticeship. 6ractical training on the job supplemented by related theoretical instruction. (Se% "1(a), La6or Co$e)

Appropriations 1a. ; a statute, the primary and specific purpose of which, is to authoriAe release of public funds from treasury. Arbitrar& Detention. The detention of a person by a public officer without legal grounds. )ut even with legal grounds, the delay in the delivery of a detained person to the proper judicial authorities may result in arbitrary detention. $t is to be differentiated from ille(al $etention. (Arts. 24# 2", RPC) Arbitration. A form of alternative dispute resolution whereby a disinterested person or a panel of three or more persons is selected by a contending parties to act as arbiter or judge in settling their dispute or respective claims against one another. Archipelagic Doctrine. An integration of a group of islands to the sea and their oneness so that together they can constitute one unit, one country, and one state. An i*a(inar- sin(le 6aseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of the territory. Cain purpose is to protect the territorial interests of an archipelago. (see last senten%e, Art. 7, Constitution) Archipelago. A group of islands, such as the 6hilippines, so close to each other that they are historically regarded as an intrinsic wholeEgeographically, economically and politicallyEand this includes the natural features and seas between the islands which are considered as internal archipelagic waters. Arraignment. A formal procedure in criminal prosecution 8to afford an accused due process9 and it is also the means of implementing the constitutional rights of an accused to be informed of the nature and cause of the accusation against him. $t refers to the appearance of the accused in open court wherein he is informed of the complaint or information against him before he is re"uired to enter his plea of guilty or not guilty of the crime imputed to him. (Se%. , Rule &, Rules o+ Court5 People vs. 0uela, 3&& SCRA 7,") Arrest. The ta!ing of a person into custody in order that he may be bound to answer for the commission of an offense. (Se%. , Rule 3, R?C) Arresto *a&or. A penalty whose duration ranges from one day to F? days of incarceration. Arson. A felony committed by any person who burns or sets the property of another or even his own property on fire when done under circumstances which pose a danger to the life or property of another. (Se%. , P9 & 3) Artificial 'nsemination. The impregnation of a female with semen from a male without sexual intercourse. The child born as a result of this procedure is considered a legitimate child if born during the marriage of the parents, with their permission and authority. (Art. &4, >a*il- Co$e) Assignment of Credit. An agreement by virtue of which the owner of a credit, !nown as the assignor, by a legal cause, such as sale, dacion en pago, exchange or donation, and without the consent of the debtor, transfers his credit and accessory right to another, !nown as the assignee, who ac"uires the power to enforce it to the same extent as the assignor can enforce against the debtor. (Lo vs. :4S <%o# >or*wor3 S-ste* Phil., 7n%., 4 3 SCRA 12) Assignment of !rrors. A recitation of specific errors claimed to have been committed by lower court to enable the appellate court and the opposing party to determine as to what points the appellant intends to as! for a reversal of judgment. (People vs. 9ela Con%ha, 31! SCRA 21,) Assumpsit. A common law term which refers to the recovery of damages for the non7performance of a contract. Assumption of )urisdiction. $t usually refers to an act of the .ecretary of the 4O & which amounts to

a 8cease7and7desist9 order prohibiting a union from stri!ing whenever in his opinion there exists a labor dispute causing or li!e to cause a stri!e or loc!out in an industry that is indispensable to the national interest by resolving the dispute himself or certifying it to the 1 3' for compulsory arbitration. Assumption of is2 Doctrine. A doctrine in tort or contract law relieving an obligor from any injury or liability that may befall the oblige who has !nowingly assumed in advance the possibility of its occurrence. Assurance "und. A fund created under the and 3egistration Act for the purpose of indemnifying an injured party for any damage he may suffer as a result of an improvident or illegal registration of land titles. Attachment. A provisional remedy by which the property of an adverse party is ta!en into legal custody, either at the commencement of an action or at any time thereafter, as a security for the satisfaction of any judgment that may be recovered by the plaintiff of any proper party. (A$lawan vs. To*ol, 14 SCRA 3 5 C<7C vs. CA, 2" SCRA 2"75 Spouses Sal(a$o vs. CA, 21 SCRA 3!") Attempted "elon&. A felony is attempted when the offender commences the commission of a felony directly by overt acts, but did not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. (Art. &, RPC) Attentat Clause. A provision in an extradition treaty stipulating that assassination attempts on the life of a head of a state or members of his family are not to be considered as political offenses for purposes of extradition, thus ma!ing the fugitive extraditable to answer for his crimes. Attestation Clause. A necessary clause at the end of a will denoting that the will is a duly executed will of so many pages signed by the testator himself and at least three witnesses in the presence of one another in each and every page, in accordance with all the formalities re"uired by law. (Art. 1,", Civil Co$e) Attractive 4uisance. The presence or maintenance on one%s premises of a potentially dangerous attraction to children who, because of their natural curiosity, may thereby be exposed to harm or injury, subjecting its owner or maintainer to tort liability. A swimming pool, an uncovered well, open car trun!, deep pits, and the li!e are some examples of an 8attractive nuisance.9 Australian Ballot ,&stem. The electoral system after which our own balloting system is patterned which is characteriAed by absolute secrecy in voting. Authori-ed Cause. A term which is associated with the legal termination of an employee%s services who is without fault for a cause that cannot be attributed to him, such as the installation of labor7saving devices, redundancy, retrenchment to prevent losses, or the closing or cessation of business operations. (Art. 213, La6or Co$e) Avulsion. A sudden change in the course of a stream or river forming the boundary between two parcels of land such that a riparian owner loses part of his property to another riparian owner whose property is thereby increased in siAe as a result of that change in the river%s or stream%s course. $n the law on property, such a change will not alter the boundaries between the riparian owners, i.e., property ownership will not be affected, in contrast to accretion or alluvion where the change in boundaries is gradual resulting from natural causes.

0mne sacramentum debet esse de certa scientia &very oath ought to be of certain !nowledge.

0mnia delicta in aperto leviora sunt All crimes *committed+ in the open are *considered+ lighter. 0mnia praesumuntur contra spoliatorem All things are presumed against a wrongdoer. 0mnis innovatio plus novitate perturbat quam utilitate prodeat &very innovation disturbs more by its novelty than it benefits by its utility. 0ptima legum interpres est consuetudo The best interpreter of laws is custom. 0ptimus interpres rerum est usus The best interpreter of things is usage. %acta privata juri publico non derogare possunt 6rivate contracts cannot derogate from public law. %ar delictum &"ual fault. %ari passu On an e"ual footing. %artus sequitur ventrem The offspring follows the mother. %ater est quem nuptiae demonstrant The father is he whom the marriage points out. %eccata contra naturam sunt gravissima (rongs against nature are the most serious. %endente lite nihil innovetur 4uring litigation nothing should be changed. %er curiam $n the opinion of the court. %er minas )y means of menaces or threats. %er quod )y reason of which. %ost mortem After death. %rima facie On the face of it. %rima impressionis On first impression. %ro hac vice For this occasion. %ro rata $n proportion. %ro tanto .o far, to that extent. %ro tempore For the time being. %ublici juris Of public right. 6uaeitur The "uestion is raised. 6uantum ,ow much, an amount. 6ui facit per alium, facit per se ,e who acts through another acts himself. 6ui haeret in litera, haeret in cortice ,e who stices to the letter, stic!s to the bar!. 6ui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur ,e who is in the womb is considered as already born as far as his benefit is considered. 6ui non habet potestatem alienandi, habet necessitatem retinendi ,e who has not the power of alienating is under the necessity of retaining. 6ui non habet, ille non dat ,e who has not, does not give. 6ui non improbat, approbat ,e who does not disapprove, approves.

6ui non obstat quod obstare potest facere videtur ,e who does not prevent what he is able to prevent, is considered as committing the thing. 6ui non prohibet quod prohibere potest assentire videtur ,e who does not prohibit when he is able to prohibit, is in fault. 6ui peccat ebrius, luat sobrius ,e who does wrong when drun! must be punished when sober. 6ui potest et debet vetare et non vetat jubet ,e who is able and ought to forbit and does not, commands. 6ui prior est tempore potior est jure ,e who is prior in time is stronger in right. 6ui sentit commodum, debet et sentire onus ,e who derives a benefit ought also to bear a burden. 6ui tacet consentire videtur ,e who is silent appears to consent. 6uid pro quo 'onsideration. something for something. 6uidcquid plantatur solo, solo cedit (hatever is planted in or affixed to the soil, belongs to the soil. 6uod ab initio non valet, in tractu temporis non convalescit (hat is not valid in the beginning does not become valid by time. 6uod constat curiae opere testium non indiget (hat appears to the 'ourt needs not the help of witnesses. 6uod necessarie intelligitur, id non deest (hat is necessarily understood is not wanting. 6uod necessitas cogit, defendit (hat necessity forces it justifies. 6uod non apparet, non est (hat does not appear, is not. 6uod non habet principium non habet finem (hat has no beginning has no end. 6uod per me non possum, nec per alium (hat $ cannot do through myself, $ cannot do through another. 6uod prius est verius est; et quod prius est tempore potius est jure (hat is first is more true# and what is prior in time is stronger in law. 6uod vanum et inutile est, lex non requirit The law does not re"uire what is vain and useless. 6uoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est (hen there is no ambiguity in words, then no exposition contrary to the expressed words is to be made. atio est legis anima, mutata legis ratione mutatur et lex 3eason is the soul of the law# when the reason of the law changes the law also is changed. e $n the matter of. eprobata pecunia leberat solventem Coney refused releases the debtor. es Catter, affair, thing, circumstance. es gestae Things done. es integra A matter untouched *by decision+. es inter alios acta alteri nocere non debet Things done between strangers ought not to affect a third person, who is a stranger to the transaction.

es judicata accipitur pro veritate A thing adjudged is accepted for the truth. es nulis 1obody s property. espondeat superior et the principal answer. ex est major singulis, minor universis The -ing is greater than individuals, less than all the people. ex non debet judicare sed secundum legem The -ing ought not to judge but according to the law. ex non potest peccare The -ing can do no wrong. ex nunquma moritur The -ing never dies. ex quod injustum est facere non potest The -ing cannot do what is unjust. ,alus populi est suprema lex The safety of the people is the supreme law. ,ciens -nowingly. ,cienter -nowingly. ,cire facias That you cause to !now. ,cribere est agere To write is to act. ,e defendendo $n self defence. ,ecus The legal position is different, it is otherwise. ,emper praesumitur pro legitimatione puerorum &verything is presumed in favor of the legitimacy of children. ,emper pro matriomonio praesumitur $t is always presumed in favor of marriage. ,ententia interlocutoria revocari potest, definitiva non potest An interlocutory order can be revo!ed, a final order cannot be. ,ervitia personalia sequuntur personam 6ersonal services follow the person. ,ic utere tuo ut alienum non laedas .o use your own as not to injure another s property. ,implex commendatio non obligat A simple recommendation does not bind. ,tare decisis To stand by decisions *precedents+. ,tet 4o not delete, let it stand. ,ub modo (ithin limits. ,ub nomine 0nder the name of. ,ub silentio $n silence. ,ublata causa, tollitur effectus The cause being removed, the effect ceases. ,ublato fundamento, cadit opus The foundation being removed, the structure falls. ,ubsequens matrimonium tollit peccatum praecedens A subse"uent marriage removes the preceding wrong. ,uggestio falsi The suggestion of something which is untrue. ,ui generis 0ni"ue.

,umma ratio est quae pro religione facit The highest reason is that which ma!es for religion, i.e. religion dictates. ,uppressio veri The suppression of the truth. ,uppressio veri expressio falsi A suppression of truth is e"uivalent to an expression of falsehood. (alis qualis .uch as it is. (erra firma .olid ground. (estamenta latissimam interpretationem habere debent Testaments ought to have the broadest interpretation. (raditio loqui chartam facit 4elivery ma!es a deed spea!. (ransit terra cum onere The land passes with its burden. 9bi eadem ratio ibi idem jus, et de similibus idem est judicium (hen there is the same reason, then the law is the same, and the same judgment should be rendered as to similar things. 9bi jus ibi remedium est (here there is a right there is a remedy. 9bi non est principalis, non potest esse accessorius (here there is no principal, there can be no accessory. 9bi nullum matrimonium, ibi nulla dos es (here there is no marriage, there is no dower. 9ltima voluntas testatoris est perimplenda secundum veram intentionem suam The last will of a testator is to be fulfilled according to his true intentio. 9t poena ad paucos, metus ad omnes, perveniat That punishment may come to a few, the fear of it should affect all. 9tile per inutile non vitiatur (hat is useful is not vitiated by the useless. 3erba chartarum fortius accipiuntur contra preferentem The words of deeds are accepted more strongly against the person offering them. 3erba debent intelligi cum effectu (ords ought to be understood with effect. 3erba intentioni, non e contra, debent inservire (ords ought to serve the intention, not the reverse. 3erbatim (ord by word, exactly. 3i et armis (ith the force and arms. 3ia antiqua via est tuta The old way is the safe way. 3ice versa The other way around. 3ide .ee. 3igilantibus non dormientibus jura subveniunt The laws serve the vigilant, not those who sleep. 3ir et uxor consentur in lege una persona A husband and wife are regarded in law as one person. 3isitationem commendamus (e recommend a visitation. 3olens (illing. 3olenti non fit injuria An injury is not done to one consenting to it. 3oluntas in delictis non exitus spectatur $n offences the intent and not the result is loo!ed at.

3oluntas reputatur pro facto The will is ta!en for the deed.

8abeas corpus That you have the body. 8abemus optimum testem confitentem reum (e have the best witness, a confessing defendant. 8aeredem est nomen collectum ,eir is a collective name. 8aeres est nomen juris, filius est nomen naturae ,eir is a term of law, son, one of nature. 8aeres legitimus est quem nuptiae demonstrant ,e is the lawful heir whom the marriage indicates. 8omo vocabulum est naturae; persona juris civilis Can is a term of nature, person of the civil law. 'd est (i#e) That is. 'd quod commune est, nostrum esse dicitur That which is common is said to be ours. 'dem The same person or thing. 'dem nihil dicere et insufficienter dicere est $t is the same to say nothing as not to say enough. 'gnorantia facti excusat, ignorantia juris non excusat $gnorance of fact excuses, ignorance of law does not excuse. 'mperium in imperio A sovereignty within a sovereignty. 'mpotentia excusat legem $mpossibility is an excuse in the law. 'mpunitas semper ad deteriora invitat $mpunity always leads to greater crimes. 'n aequali jure melior est conditio possidentis (hen the parties have e"ual rights, the condition of the possessor is better. 'n alta proditione nullus potest esse acessorius; sed principalis solum modo $n high treason no one can be an accessory# but a principal only. 'n Anglia non est interregnum $n &ngland there is no interregnum. 'n camera $n private. 'n casu extremae necessitatis omnia sunt communia $n a case of extreme necessity everything is common. 'n criminalibus probationes debent esse luce clariores $n criminal cases the proofs ought to be cleared than the light. 'n curia domini regis, ipse in propria persona jura discernit $n the -ing s 'ourt, the -ing himself in his own person dispenses justice. 'n delicto At fault. 'n esse $n existence. 'n extenso At full length. 'n fictione legis aequitas existit A legal fiction is consistent with e"uity.

'n foro conscientiae $n the forum of conscience. 'n futoro $n the future. 'n jure non remota causa sed proxima spectatur $n law not the remote but the proximate cause is loo!ed at. 'n limine At the outset, on the threshold. 'n loco parentis $n place of the parent. 'n mortua manu $n a dead hand. 'n novo casu novum remedium apponendum est $n a new case a new remedy is to be applied. 'n omni re nascitur res quae ipsam rem exterminat $n everything is born that which destroys the thing itself. 'n omnibus $n every respect. 'n pari delicto potior est conditio possidentis (hen the parties are e"ually in the wrong the condition of the possessor is better. 'n personam Against the person. 'n pleno $n full. 'n quo quis delinquit in eo de jure est puniendus $n whatever thing one offends in that he is to be punished according to law. 'n re dubia magis inficiatio quam affirmatio intelligenda $n a doubtful matter the negative is to be understood rather than the affirmative. 'n republica maxime conservanda sunt jura belli $n a .tate the laws of war are to be especially observed. 'n situ $n its place. 'n terrorem As a warning or deterrent. 'n testamentis plenius testatoris intentionem scrutamur $n wills we see! diligently the intention of the testator. 'n traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur $n the delivery of writings *deeds+, not what is said but what is done is to be considered. 'n verbis, non verba sed res et ratio quaerenda est $n words, not words, but the thing and the meaning are to be in"uired into. 'ndicia Car!s, signs. 'njuria non excusat injuriam A wrong does not excuse a wrong. 'ntentio inservire debet legibus, non leges intentioni $ntention ought to be subservient to the laws, not the laws to the intention. 'nter alia Amongst other things. 'nterest reipublicae res judicatas non rescindi $t is in the interest of the .tate that things adjudged be not rescinded. 'nterest reipublicae suprema hominum testamenta rata haberi $t is in the interest of the .tate that men s last wills be sustained.

'nterest reipublicae ut quilibet re sua bene utatur $t is in the interest of the .tate that every one use properly his own property. 'nterest reipublicase ut sit finis litium $t is in the interest of the .tate that there be an end to litigation. 'nterim Temporary, in the meanwhile. 'nterpretare et concordare leges legibus est optimus interpretandi modus To interpret and harmoniAe laws is the best method of interpretation. 'nterpretatio fienda est ut res magis valeat quam pereat .uch a construction is to be made that the thing may have effect rather than it should fail. 'nterruptio multiplex non tollit praescriptionem semel obtentam 3epeated interruption does not defeat a prescription once obtained. 'nvito beneficium non datur A benefit is not conferred upon one against his consent. 'psissima verba The very words of a spea!er. 'pso facto )y that very fact. 'ra furor brevis est Anger is brief insanity. 'ter arma leges silent $n war the laws are silent. )udex est lex loquens A judge is the law spea!ing. )udex non potest esse testis in propira causa A judge cannot be witness in his own cause. )udex non potest injuriam sibi datam punire A judge cannon punish a wrong done to himself. )udex non reddit plus quam quod petens ipse requirit A judge does not give more than the plaintiff himself demands. )udiciis posterioribus fides est adhibenda Faith must be given to later decisions. )udicis est judicare secundum allegata et probata $t is the duty of a judge to decide according to the allegations and the proofs. )udicium non debet esse illusorium, suum effectum habere debet A judgment ought not to be illusory# it ought to have its proper effect. )uduces non tenentur exprimere causam sententiae suae Gudges are not bound to explain the reason of their judgment. )ura naturae sunt immutabilia The laws of nature are immutable. )ura publica anteferenda privatis juribus 6ublic rights are to be preferred to private rights. )uramentum 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. )urare est Deum in testem vocare, et est actus divini cultus To swear is to call /od to witness and is an act of divine worship. )us A right that is recognised in law. )us accrescendi praefertur oneribus The right of survivorship is preferred to incumbrances. )us ad rem; jus in re A right to a thing# a right in a thing.

)us dicere, non jus dare To declare the law, not to ma!e the law. )us 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. )us naturale 1atural justice. )us naturale est quod apud omnes homines eandem habet potentiam 1atural right is that which has the same force among all men. )us scriptum aut non scriptum The written law or the unwritten law. )usjurandum inter alios factum nec nocere nec prodesse debet An oath made between third parties ought neither to hurt nor profit. )ustitia est duplec; severe puniens et vere praeveniens Gustice is two7fold# severely punishing and in reality prohibiting *offences+. )ustitia firmatur solium The throne is established by justice. )ustitia nemini neganda est Gustice is to be denied to no one. 1eges posteriores priores contrarias abrogant .ubse"uent laws repeal prior conflicting ones. 1egibus sumptis desinentibus legibus naturae utendum est (hen laws imposed by the .tate fail, we must use the laws of nature. 1ex aliquando sequitur aequitatem The law sometimes follows e"uity. 1ex citius tolerare vult privatum damnum quam publicum malum The law would rather tolerate a private injury than a public evil. 1ex dabit remedium The law will give a remedy. 1ex dilationes abhorret The law abhors delays. 1ex est judicum tutissimus ductor The law is the safest guide for judges. 1ex est sanctio sancta jubens honesta et prohibens contraria The law is a sacred sanction, commanding what is right and prohibiting the contrary. 1ex indendit vicinum vicini facta scire The law presumes that one neighbor !nows the acts of another. 1ex necessitatis est lex temporis i#e# instantis The law of necessity is the law of time, that is time present. 1ex neminem cogit ad vana seu impossiblia The law compels no one to do vain or impossible things. 1ex nil frustra facit The law does nothing in vain. 1ex non a rege est violanda The law must not be violated even by the -ing. 1ex non deficere potest in justitia exhibenda The law cannot fail in dispensing justice. 1ex non novit patrem, nec matrem; solam veritatem The law does not !now neither father nor mother, only the truth. 1ex non oritur ex injuria The law does not arise from a mere injury. 1ex non requirit verificari quod apparet curiae The law does not re"uire that to be proved which is apparent to the 'ourt.

1ex non favet delicatorum votis The law does not favor the wishes of the dainty. 1ex plus laudatur quando ratione probatur The law is the more praised when it is supported by reason. 1ex prospicit not respicit The law loo!s forwared, not bac!ward. 1ex punit mendaciam The law punishes falsehood. 1ex rejicit superflua, pugnatia, incongrua The law rejects superfluous, contradictory and incongruous things. 1ex spectat naturae ordinem The law regards the order of nature. 1ex succurrit ignoranti The law succors the ignorant. 1ex tutissima cassis, sub cl&peo legis nemo decipitur aw is the safest helmet# under the shield of the law no one is deceived. 1ex uno ore omnes alloquitur The law spea!s to all through one mouth. 1onga possessio est pacis jus ong possession is the law of peace. 1onga possessio parit jus possidendi et tollit actionem vero domino ong possession produces the right of possession and ta!es away from the true owner his action. *agister rerum usus; magistra rerum experientia 0se is the master of things# experience is the mistress of things. *ajor continet in se minus The greater contains the less. *ajus est delictum se ipsum occidere quam alium $t is a greater crime to !ill one s self than another. *ala fide $n bad faith. *ala grammatica non vitiat chartam )ad grammar does not vitiate a deed. *ala in se )ad in themselves. *ala prohibita 'rimes prohibited. *alitia supplet aesatem Calice supplies age. *alo animo (ith evil intent. *andamus (e command. *aximus magister erroris populus est The people are the greatest master of error. *elior est conditio possidentis, ubi neuter jus habet )etter is the condition of the possessor where neither of the two has the right. *elior testatoris in testamentis spectanda est $n wills the intention of a testator is to be regarded. *eliorem conditionem suam facere potest minor deteriorem nequaquam A minor can ma!e his position better, never worse. *ens rea /uilty state of mind. *entiri est contra mentem ire To lie is to act against the mind. *erito beneficium legis amittit, qui legem ipsam subvertere intendit ,e justly loses the benefit of the law who see!s to infringe the law.

*inatur innocentibus qui parcit nocentibus ,e threatens the innocent who spares the guilty. *isera est servitus, ubi jus est vagum aut incertum $t is a miserable slavery where the law is vague or uncertain. *ors dicitur ultimum supplicium 4eath is called the extreme penalty. *uilta exercitatione facilius quam regulis percipies Kou wil 4am nemo haeres viventis For no one is an heir of a living person. 4aturae vis maxima est The force of nature is the greatest. 4ecessitas inducit privilegium quoad jura privata (ith respect to private rights necessity induces privilege. 4ecessitas non habet legem 1ecessity has no law. 4ecessitas publica est major quam privata 6ublic necessity is greater than private necessity. 4egligentia semper habet infortuniam comitem 1egligence always has misfortune for a companion. 4emo admittendus est inhabilitare se ipsum 1o one is allowed to incapacitate himself. 4emo bis punitur pro eodem delicto 1o one can be twice punished for the same offence. 4emo cogitur suam rem vendere, etiam justo pretio 1o one is bound to sell his own property, even for a just price. 4emo contra factum suum venire potest 1o man can contradict his own deed. 4emo debet esse judex in propria causa 1o one can be judge in his own case. 4emo plus juris transferre ad alium potest quam ipse habet 1o one can transfer to another a larger right than he himself has. 4emo potest contra recordum verificare per patriam 1o one can verify by the country, that is, through a jury, against the record. 4emo potest esse tenens et dominus 1o one can at the same time be a tenant and a landlord *of the same tenement+. 4emo potest facere per alium, quod per se non potest 1o one can do through another what he cannot do himself. 4emo potest mutare consilium suum in alterius injuriam 1o one can change his purpose to the injury of another. 4emo praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis 1o one is presumed to be forgetful of his eternal welfare, and particularly in the hour of death. 4emo prohibetur pluribus defensionibus uti 1o one is forbidden to ma!e use of several defences. 4emo punitur pro alieno delicto 1o one is punished for the crime of another. 4emo se accusare debet, nisi coram Deo 1o one should accuse himself except in the presence of /od. 4emo tenetur accusare se ipsum nisi coram Deo 1o one is bound to accuse himself except in the presence of /od. 4emo tenetur armare adversarium contra se 1o one is bound to arm his adversary against

himself. 4exus 'onnection 4ihil quod est inconveniens est licitum 1othing inconvenient is lawful. 4il facit error nominis cum de corpore constat An error of name ma!es not difference when it appears from the body of the instrument. 4isi 0nless 4on compus mentis 1ot of sound mind and understanding 4on constat $t is not certain 4on decipitur qui scit se decipi ,e is not deceived who !nows that he is deceived. 4on definitur in jure quid sit conatus (hat an attempt is, is not defined in law. 4on est arctius vinculum inter homines quam jusjurandum There is no stronger lin! among men than an oath. 4on est factum $t is not his deed 4on est informatus ,e is not informed. 4on facias malum ut inde veniat bonum Kou shall not do evil that good may come of it. 4on jus, sed seisina, facit stipitem 1ot right, but seisin ma!es a stoc! *from which the inheritance must descend+. 4on refert quid notum sit judici si notum non sit in forma judicii $t matters not what is !nown to the judge if it is not !nown judicially. 4on sequitur An inconsistent statement, it does not follow 4ullus commodum capere potest ex sua injuria propria 1o one can derive an advantage from his own wrong. 4ullus recedat e curia cancellaria sine remedio 1o one should depart from a 'ourt of 'hancery without a remedy.