Arraignment

a formal reading of a criminal charging document in the presence of the

defendant to inform the defendant of the charges against them. In response
to arraignment, the accused is expected to enter a plea.
xxx An arraignment is that stage where, in the mode and manner
required by the Rules, an accused, for the first time, is granted the opportunity
to know the precise charge that confronts him. The accused is formally
informed of the charges against him, to which he enters a plea of guilty or not
guilty. xxx (Ramiscal, Jr. v. Sandiganbayan, G.R. Nos. 172476-99, September
15, 2010)
Burden of Proof
The burden of proof (Latin: onus probandi) is the imperative on a party in
a trial to produce the evidence that will shift the conclusion away from the
default position to one's own position.
xxx The test for determining where the burden of proof lies is to ask
which party to an action or suit will fail if he offers no evidence competent to
show the facts averred as the basis for the relief he seeks to obtain. xxx (Aznar
Brothers Realty Co. v. Aying, G.R. No. 144773, May 16, 2005)
Burden of Evidence
Burden of evidence connotes the burden of going forward with the
evidence or that logical necessity which rests on a party at any particular time
during the trial to create a prima facie case in his favor, or to overthrow one
when created against him.
xxx It is the burden of evidence which shifts from party to party
depending upon the exigencies of the case in the course of the trial. This
burden of going forward with the evidence is met by evidence which balances
that introduced by the prosecution. Then the burden shifts back. xxx
(Bautista vs. Sarmiento, G.R. No. L-45137, September 23, 1985)
Cause of Action
a cause of action is a set of facts sufficient to justify a right to sue to
obtain money, property, or the enforcement of a right against another party.
The term also refers to the legal theory upon which a plaintiff brings suit.
xxx A cause of action is an act or omission of one party the defendant
in violation of the legal right of the other.(Eviota v. Court of Appeals, G.R. No.
152121, July 29, 2003)
Certiorari

Certiorari is a Latin word meaning "to be informed of, or to be made

certain in regard to". It is also the name given to certain appellate proceedings
for re-examination of actions of a trial court, or inferior appeals court.
xxx Well-entrenched to the point of being elementary is the doctrine that
certiorari will only lie if there is no plain, speedy and adequate remedy in the
ordinary course of law. xxx (Asian Trading Corp. v. Court of Appeals, G.R. No.
76276, February 15, 1999)
Class suit
is where a group (a class) sues another party.
xxx A class suit is one where "one or more may sue for the benefit of all"
implying that if the parties are numerous and it is impracticable to bring them
all to court, one or more may sue for their benefit. xxx(Dimayuga v. Court of
Industrial Relations, G.R. No. L-10213, May 27, 1957)
Representative Suit
A legal action in which one or a few members of a class sue on behalf of
themselves and other members of the same class; a lawsuit brought by the
stockholders of a corporation, on its behalf, for the enforcement of a corporate
right.
xxx A "representative suit" is akin to a "class suit" in the limited sense that the
phrases found in See. 12 of Rule 3, "one or more may sue or defend for the
benefit of all," and "the parties actually before it are sufficiently numerous and
representative," are similar to the phrase "may sue or be sued without joining
the party for whose benefit the action is presented or defended" found in Sec. 3
of the same Rule. In other words, both suits are always filed in behalf of
another or others. That is why the two terms are sometimes used
interchangeably.xxx (Llanas Supermarket v. NLRC, 111014, May 31 1996)
Double Jeopardy
Double jeopardy is a procedural defence that forbids a defendant from
being tried again on the same (or similar) charges following a legitimate
acquittal or conviction
xxx to raise the defense of double jeopardy, three requisites must be
present: (1) a first jeopardy must have attached prior to the second; (2) the first
jeopardy must have been validly terminated; and (3) the second jeopardy must
be for the same offense as that in the first. Legal jeopardy attaches only (a)
upon a valid indictment, (b) before a competent court, (c) after arraignment, (d)
a valid plea having been entered; and (e) the case was dismissed or otherwise
terminated without the express consent of the accused xxx (People v. Tac-an,
G.R. No. 148000, February 27, 2003)

Due Process
Due process is the legal requirement that the state must respect all of
the legal rights that are owed to a person.
xxx The twin requirements of notice and hearing constitute the essential
elements of due process. The law requires the employer to furnish the employee
sought to be dismissed with two written notices before termination of
employment can be legally effected: (1) a written notice apprising the employee
of the particular acts or omissions for which his dismissal is sought in order to
afford him an opportunity to be heard and to defend himself with the
assistance of counsel, if he desires, and (2) a subsequent notice informing the
employee of the employer's decision to dismiss him. xxx (Easycall
Communications, Inc. v. King, G.R. No. 145901, December 15, 2005)

Estoppel
is a set of doctrines in which a court prevents a litigant from taking an
action the litigant normally would have the right to take, in order to prevent an
inequitable result. Estoppel occurs when a party "reasonably relies on the
promise of another party, and because of the reliance is injured or damaged".
xxx the essential elements of estoppel in respect to the party claiming it
are: (a) lack of knowledge and of the means of knowledge of the truth as the
facts in question; (b) reliance, in good faith, upon the conduct or statements of
the party to be estopped; and (c) action or inaction based thereon of such
character as to change the position or status of the party claiming the estoppel,
to his injury, detriment, or prejudice. Xxx (Cruz v. Court of Appeals, 85685,
September 11, 1991)
Information
Is an accusation in writing charging a person with an offense subscribed
by the prosecutor and filed with the court.
xxx The fundamental rule is that the Information must allege all the
elements of the crime. xxx" (Olivarez v. Court of Appeals, G.R. No. 163866, July
29, 2005)
Subpoena Duces Tecum
A subpoena duces tecum is used to compel the production of documents
that might be admissible before the court. It cannot be used to require oral
testimony and ordinarily cannot be used to compel a witness to reiterate,
paraphrase, or affirm the truth of the documents produced.

xxx Well-settled is Our jurisprudence that, in order to entitle a party to

the issuance of a "subpoena duces tecum ", it must appear, by clear and
unequivocal proof, that the book or document sought to be produced contains
evidence relevant and material to the issue before the court, and that the
precise book, paper or document containing such evidence has been so
designated or described that it may be identified. xxx (Universal Rubber
Products, Inc., G.R. No. L-30266, June 29, 1984)
Subpoena ad testificandum
A subpoena ad testificandum is a court summons to appear and give oral
testimony for use at a hearing or trial
xxx In this jurisdiction, there are two (2) kinds of subpoena, to wit:
subpoena ad testificandum and subpoena duces tecum. The first is used to
compel a person to testify, while the second is used to compel the production of
books, records, things or documents therein specified xxx (Roco v. Contreras,
G.R. No. 158275, June 28, 2005)

Prescription
Is a mode of acquiring ownership and other real rights through the lapse
of time in the manner and under the conditions laid down by law. In the same
way, rights and conditions are lost by prescription
xxx Prescription, as a rule, does not run in favor of a co-heir or co-owner
as long as he expressly or impliedly recognizes the co-ownership. Co-owners
cannot acquire by prescription the share of the other co-owners, absent a clear
repudiation of the co-ownership. xxx (Heirs of Maningding v. Court of Appeals,
G.R. No. 121157, July 31, 1997)
Prima Facie
In common parlance the term prima facie is used to describe the
apparent nature of something upon initial observation. In legal practice the
term generally is used to describe two things: the presentation of sufficient
evidence by a civil claimant to support the legal claim (a prima facie case), or a
piece of evidence itself (prima facie evidence).
xxx Prima facie evidence requires a degree or quantum of proof greater
than probable cause. "(It) denotes evidence which, if unexplained or
uncontradicted, is sufficient to sustain a prosecution or establish the facts, as
to counterbalance the presumption of innocence and warrant the conviction of
the accused. xxx"( Cometa v. Court of Appeals, 124062, December 29, 1999)
Privileged Communication

Interaction between two parties in which the law recognizes a private,

protected relationship. Whatever is communicated between these pairs of
parties shall remain confidential, and the law cannot force disclosure of these
communications.
xxx The rule on privileged communication means that a communication made
in good faith on any subject matter in which the communicator has an interest,
or concerning which he has a duty, is privileged if made to a person having a
corresponding duty. xxx (Novicio v. Agabao, G.R. No. 141332, December 11,
2003)
Quantum Meruit
is a Latin phrase meaning "what one has earned". In the context of
contract law, it means something along the lines of "reasonable value of
services.
xxx Quantum meruit meaning "as much as he deserves" is used as
basis for determining a lawyer's professional fees in the absence of a contract.
xxx (Spouces Garcia v. Bala, A.C. No. 5039, November 25, 2005)
Primary Jurisdiction
is a judicial doctrine whereby a court tends to favor allowing an agency
an initial opportunity to decide an issue in a case in which the court and the
agency have concurrent jurisdiction.
xxx The doctrine of primary jurisdiction precludes the courts from
resolving a controversy over which jurisdiction has initially been lodged with an
administrative body of special competence. xxx (Ros v. DAR, G.R. No. 132477,
August 31, 2005)
Res judicata
"a matter judged", res judicata is the principle that a matter may not,
generally, be relitigated once it has been judged on the merits.
xxx It is conceded that the doctrine of res judicata is more than a mere
rule of law, more even than an important principle of public policy, and it is not
too much to say that it is a fundamental concept in the organization of every
jural society. xxx(Sumaoang v. RTC, G.R. No. 78173, October 26, 1992)
Stare Decisis
the legal principle of determining points in litigation according to
precedent.

"xxx The doctrine of stare decisis enjoins adherence to judicial

precedents. It requires courts in a country to follow the rule established in a
decision of the Supreme Court thereof. That decision becomes a judicial
precedent to be followed in subsequent cases by all courts in the land. The
doctrine of stare decisis is based on the principle that once a question of law
has been examined and decided, it should be deemed settled and closed to
further argument. xxx" (Lazatin v. Pelayo, G.R. No. 147097, June 5, 2009)