A

A. This an abbreviation of the Roman word, absolvo, which means to absolve or to acquit from criminal liability.
AB INITIO. A term that means from the beginning, at first. or from the inception. [Camid v. Office of the President, 448
SCRA 711 (2005)].
For example, a marriage that is void ab initio is void from the beginning.
ACCION PUBLICIANA. This is a suit for the recovery of possession of the right to possess. Another term for it is an
ejectment suit filed after the expiration of one year after the occurrence of the cause of action or from the unlawful
withholding of possession of the realty. (Hilario v. Salvador, 457 SCRA 815)
ACCION REINVINDICATORIA. This is a suit which has for its object the recovery of possession over the real property as
an owner. (Hilario v. Salvador, 457 SCRA 815)
A COELO USQUE AD CENTRUM. From the heavens to the center of the earth.
AGREMENT. An indication by the receiving State of the acceptability of the person of a diplomatic envoy who is proposed
to be appointed by another country. This is to ensure that the diplomatic envoy that is sent to represent his country is not a
persona non grata to the receiving State.
AIDE-MEMOIRE. A diplomatic correspondence consisting of a brief summary of oral representations made.
ATTENTAT CLAUSE. This is a provision in an extradition treaty which provides that the assassination of the head of a
foreign government or any member his family should not be considered as a political offense, hence extraditable.
AUTO-LIMITATION. The State gives its consent, express or implied, to submit to a restriction of its sovereign rights.
(Reagan v. Commissioner of Internal Revenue, G.R. No. L-26379, December 27, 1969)
B
BELIEF - ACTION DISTINCTION. This a distinction of the concepts of what may properly fall within the constitution
protection of freedom of religion. In Cantwell v. Connecticut, 310 U.S. 296 (1940), Justice Roberts the two concepts
freedom to believe and freedom to act. The first is absolute, but in the nature of things, the second cannot be.
The power to regulate must be so exercised so that in attaining a permissible end there must be no undue infringement of
the protected freedom to believe. Hence, the freedom to act may be the subject of regulation.
BLOCKADE. In international law, this is a naval operation, usually composed of a flotilla of vessels, which seeks to
prevent entrance to the ports of the offending State of properties destined therefor, particularly vessels. There are two
kinds of blockade: Hostile blockade and pacific blockade.
Refer to HOSTILE BLOCKADE; PACIFIC BLOCKADE
BLUE-SKY BARGAINING. In collective bargaining negotiations, the term means making exaggerated or unreasonable
proposals. . Blue-sky bargaining is indicative of violation of duty to bargain collectively. [Standard Chartered Bank
Employees Union (NUBE) v. Confesor, et al., G. R. No. 114974, June 16, 2004 citing Arthur A. Sloane and Fred Witney,
Labor Relations, 7th Edition, 1991, p. 195]
BOYCOTT. This is a suspension, by the nationals of one State, of trade relations with nationals of another State.
BRICKER AMENDMENT. This was a controversial proposal for constitutional amendments made sometime in 1953 by
then Senator Bricker of the U.S. Senate Judiciary Committee to include A provision of a treaty which conflicts with this
Constitution shall have no force and effect, and another proposal which states, A treaty shall become effective as an
internal law in the United States only through legislation which would be valid in the absence of treaty.

A substitute by Senator George provided, A provision of a treaty or other international agreement which conflicts with this
Constitution shall not be of any force or effect.
The proposed Bricker amendment and the George substitute were in response to the concerns raised by various sectors
as a result of the decision in the case of Missouri v. Holland, 252 U.S. 116, 40 S.Ct., 64 L. Ed. 641 (1929) that any and all
constitutional limitations could be overridden via the international agreement route. Both proposals however did not obtain
the required two-thirds vote for the amendment of the U.S. Constitution. In the meantime, the U.S. Supreme Court in Reid
v. Covert, 354 U.S. 1 (1957) had occasion to state that, no agreement with a foreign nation can confer power on the
Congress, or on any other branch of Government, which is free from the restraints of the Constitution.
The reader should take time to compare the above comments with the incorporation clause of the 1987 Philippine
Constitution to the effect that, The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of internal law as part of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations. (Art. II, Sec. 2)
BYSTANDER RULE. Under the bystander rule in all cases of certification elections, whether the petition for certification
election is filed by an employer or a legitimate labor organization, the employer shall not be considered a party thereto
with a concomitant right to oppose a petition for certification election.
The employers participation in such proceedings shall be limited to being notified or informed of petitions of such nature;
and submitting the list of employees during the pre-election conference should the Med-Arbiter act favorably on the
petition. (Labor Code, Art. 258-A, as inserted by R.A. No. 9481)
C
CALLING-OUT POWER. Under the Calling-out Power of the President under Section 18, Article VII of the Constitution,
the President of the Philippines shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.
(Art. VII, Sec. 18, 1st par., 1st sentence,)
CALVO CLAUSE. A clause, suggested by the 19th century Argentinean diplomat Dr. Carlos Calvo, that should be
incorporated in public contracts with aliens that disputes arising from the contract shall be settled solely by local remedies.
In short, aliens who enter into contractual obligations with nationals of a host State should be treated in the same manner
as nationals with regard to remedies for breach of contractual obligations. The aliens waive their right seeking recourse to
their home State for the resolution of their claims under the contract.
CALVO DOCTRINE. This was evolved by Dr. Carlos Calvo, a 19th century Argentinean diplomat, to the effect that a
legitimate government shall not be held responsible for losses suffered as a result of insurrection or civil war unless it has
failed to exercise due diligence in preventing or suppressing the revolution, [United States v. El Salvador, Arbitral Tribunal,
1902 (U.S. Foreign Relations 876 (1902)]
CARTEL. In international law, this is an agreement for non-belligerent intercourse between belligerents in time of war. The
agreement usually concerns the exchange and treatment of prisoners. (Paras citing Wilson, Handbook of International
Law, p. 413)
In its ordinary sense, it refers to a group of participants in an industry who band together for their protection, setting and
controlling the price of goods or services, the quantity to be produced or released in the market or both.
CARTEL SHIPS. These are the vessels used to carry out the cartel agreements, particularly those used for carrying
prisoners of war to be exchanged for other prisoners of war. (Paras citing Wilson, Handbook of International Law, p. 413)
CIVIL EMBARGO. Another name for pacific embargo. Refer to PACIFIC EMBARGO.
COMPELLING INTEREST or STRICT SCRUTINY TEST. Refer to STRICT SCRUTINY OR COMPELLING INTEREST
TEST
COMMON HERITAGE OF MANKIND. This is the description that is given to the international area of the sea-bed and its
resources and thus, shall not be subject to appropriation by any means by States or persons, such area being open to
peaceful uses by all States without discrimination, and its exploration and exploitation shall be carried out for the benefit

of mankind as a whole. [U. N. General Assembly Res. 2749 (XXV) (1970), The Declaration of Principles Governing the
Sea-Bed and Ocean Floor and the Subsoil Thereof Beyond the Limits of National Jurisdiction]
COMPENSACION. This is also known as set-off which is a money demand by the defendant against the plaintiff arising
upon contract and constituting a debt independent of and unconnected with the cause of actions set forth in the complaint,
and may be used to offset a plaintiffs claim but not to recover affirmatively. (Korea Exchange Bank v. Gonzales, 456
SCRA 224)
CONSTRUCTIVE TRUST. A trust that is created, not by any word evincing a direct intention to create a trust, but by
operation of law in order to satisfy the demands of justice and to prevent unjust enrichment. (Bejoc v. Cabreros, 464
SCRA 78)
COURT-PACKING PLAN. This was the attempt on the part of the Roosevelt administration to reform the courts as a
result of various reverses it suffered in the U.S. Supreme Court. The so-called court-packing plan failed.
From the colloquial point of view, court-packing may an action undertaken by an administration to appoint friendly
magistrates who would rule in favour of the administration.
CRONYISM which involves unduly favoring a crony to the prejudice of public interest is a form of violation of the oath of
office which constitute betrayal of the public trust.
D
DERIVATIVE CITZENSHIP. Derivative Citizenship under Rep. Act No. 9225, the Citizenship Retention and Re-Acquisition
Act of 2003 provides that the unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of
age, of those who re-acquire Philippine citizenship under this Act shall be deemed citizens of the Philippines. (Sec. 4,
Rep. Act No. 9225)
DOUBLE CRIMINALITY. Under this principle, extradition is available only when the act is an offense in the two countries
involved in extradition. (Cruz, International Law, 2003 ed., p. 205; Coquia and Santiago, International Law and World
Organizations, 2005 ed., p. 342)
It is intended to ensure each state that it can rely on reciprocal treatment and that no state will use its processes to
surrender a person for contract which it does not characterize as criminal. (Bassiouni, International Extradition, 4 th ed., p.
467)
The requirement of double criminality is satisfied even if the act was not punishable in the requested state at the time of its
occurrence if it was criminal at the time the request was made. (Ibid., p. 469)
E
EMBARGO is the forcible detention of properties, usually vessels or aircraft, in ones country with the end in view of
preventing their going to another state.
It may be a general embargo in the sense that it consists in the sequestration of the public or private property of an
offending state. [Wilson, Handbook of International Law, (1939), p.229]
It may be a pacific embargo or a hostile embargo. (Fenwick, International Law, p. 433)
Refer to HOSTILE EMBARGO; PACIFIC EMBARGO
ESTRADA DOCTRINE. This is a doctrine promoted by the then Secretary of Foreign Relations of Mexico Genaro Estrada
to the effect that a state should not apply subjective considerations to extending recognition of a new government, but
rather accept the existence of that government.
This is also known as the doctrine of effectiveness because it holds that the only test for recognition should be whether or
not the government is in effective control of the machinery of state and the government.

EXEQUATOR. 1952-7d
F
FAIR COMMENT states that fair commentaries on matters of public interest are privileged and constitute a valid defense
in an action for libel or slander.
It means that while in general every discreditable imputations publicly made is deemed false, because every man is
presumed innocent until his guilt is judicially proved, and every false imputation is deemed to be malicious, nevertheless,
when the discreditable imputation is made against a public person in his official capacity, it is not necessarily actionable.
In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact
or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then
it is immaterial that the opinion happens to be mistaken, so long as it might reasonably be inferred from the facts.
[Filipinas Broadcasting Network Inc. v. Ago Medical and Educational Center Bicol Christian College of Medicine (AMECBCCM), et al., G.R. Mo. 141994, January 17, 2005 citing Borjal v. Court of Appe
FILIPINO FIRST POLICY or PREFERENTIAL US CONCEPT. The State shall promote the preferential use of Filipino
labor, domestic materials and locally produced goods, and adopt measures that help make them competitive. (Sec. 12,
Article XII, 1987 Constitution)
G
GENERAL ACT. Another term for final act or protocol de cloture.
Refer to FINAL ACT.
GENOCIDE means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical,
racial or religious group such as:
a. Killing members of the group;
b. Causing serious bodily or mental harm to members of the group;
c. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
d. Imposing measures intended to prevent births within groups; and
e. Forcibly transferring children of the group to another group. (Rome Statute adopted by the United Nations Diplomatic
Conference of Plenipotentiaries on 17 July 1998, Art. 6)
H
HOSTILE BLOCKADE. This is a naval operation where one country that is at war with another prevent the entry of
vessels and/or goods into the port of the other.
Compared with a pacific blockade the flotilla of vessels that enforce the blockade may be situated even within the
territorial sea of the state that is blockade.
HOSTILE EMBARGO is an instance where the properties, vessels and aircrafts detained are of the state with which the
detaining state is in conflict. (Fenwick, International Law, p. 435)
I
INTERMEDIATE LEVEL OF SCRUTINY TEST or QUASI-SUSPECT CLASS. The intermediate level of scrutiny (or quasisuspect class) test. Classification based on gender or legitimacy are not suspect, but neither are they judged by the
traditional or rational basis test. Intentional discriminations against members of a quasi-suspect class violate equal
protection unless they are substantially related to important government objectives. (Craig v. Boren, 429 U.S. 190) Thus, a

state law granting a property tax exemption to widows, but not widowers, has been held valid for it furthers the state policy
of cushioning the financial impact of spousal loss upon the sex for whom that loss usually impo
J
JURE GESTIONIS. A states private, commercial and proprietary acts which are not immune from suit. (United States v.
Ruiz, 136 SCRA 487, 490-491)
JURE IMPERII. The sovereign and government acts which is covered by the principle of state immunity from suit. (United
States v. Ruiz, 136 SCRA 487, 490-491)
Establishment and maintenance of a diplomatic mission is an act jure imperii. Thus, the state of Indonesia may not be
sued for acting in such sovereign activity when it entered into a contract for the upkeep or maintenance of air conditioning
units, generator sets, electrical facilities, water heaters, and water pumps of the Indonesian Embassy and the official
residence of the Indonesian ambassador. (The Republic of Indonesia, et al., v. Vinzon, etc. G. R. No. 154705, June 26,
2003)
JUS POSTLIMINI. Refer to POSTLIMINIUM
L
LIS PENDENS. The term literally means a pending suit. (Heirs of Eugenio Lopez, Sr. v. Enriquez, 449 SCRA 173) It is
usually an inscription on certificates of title on real property or on the registry of property itself to warn the general public
that there is a pending litigation involving the property. The buyer of a property with a notice of lis pendens buys that
property subject to the outcome of the litigation. If his seller prevails in the suit filed then he steps into the shoes of the
seller and there would be no suit that may brought again involving the same issues raised in the suit in which the seller
has prevailed. Unfortunately, the same holds true if the seller loses, in which case the buyer also loses .
M
MIRANDA RIGHTS. Any person under investigation for the commission of an offense shall have the right
a. to be informed of his right to remain silent and
b. to have competent and independent counsel preferably of his own choice.
c. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
Authoritative interpretations of the Miranda rule as embodied in the above Art. III, Sec. 12 (1) require, however, that the
crucial question is whether the accused has effectively waived the effectuation of these rights. Accused should be asked
whether he was willing to testify even without the assistance of counsel. If he was willing to testify only with the assistance
of counsel, he should be asked if he has one. If he said he wanted to have counsel but could not afford one, he should be
asked if he wanted one appointed for him. If these questions are not asked there is no effective waiver of the rights to
remain silent and to counsel. (People v. Naag, et al., G.R. No. 123860, January 20, 2000)
N
NEUTRAL REPORTAGE. This is a principle in prosecutions for libel where a republisher who accurately and
disinterestedly reports certain defamatory statements against public figures is shielded from liability, regardless of the
republishers subjective awareness of the truth or falsity of the accusation.
The privilege of neutral reportage applies where the defamed person is a public figure who is involved in an existing
controversy, and a party to that controversy makes the defamatory statement. [Filipinas Broadcasting Network, Inc. v. Ago
Medical and Educational Center-Bicol Christian College of Medicine (AMEC-BCCM)), 448 SCRA 413; Flor v. People, 454
SCRA 440]

NOTATU DIGNUM. The presumption of regularity in the performance of a judges functions, hence bias, prejudice and
even undue interest cannot be presumed, specially weighed against a judges sacred obligation under oath of office to
administer justice without respect to any person and do equal right to the poor and to the rich. [Silverio, Jr. v. Filipino
Business Consultants, Inc, 466 SCRA 584 (2005)]
NOTE VERBALE. An unsigned document which contains a resume of diplomatic conversations.
O
OPERATIVE FACTS DOCTRINE. An unconstitutional law produces legal effect before being declared unconstitutional.
The doctrine of operative fact as an exception to the general rule, only applies as a matter of equity and fair play.
(Planters Products, Inc. v. Fertiphil Corporation, G. R. No. 166006, March 14, 2008 citing Republic v. Court of Appeals,
G.R. No. 79732, November 8, 1993, 227 SCRA 509) It nullifies the effects of an unconstitutional law by recognizing that
the existence of a statute prior to a determination of unconstitutionality is an operative fact and may have consequences
which cannot always be ignored. The past cannot always be erased by a new judicial declaration. (Planters Products, Inc,
supra citing Peralta v. Civil Service Commission, G. R. No. 95832, August 10, 1992, 212 SCRA 425)
OPINIO JURIS. In international law, specifically in the determination of what forms part of customary law to apply in
deciding a specific case, opinion juris refers to the material component of the custom or practice to be allied.
P
PACIFIC BLOCKADE as a method for forcible settlement of an international dispute without the use of arms. It is a naval
operation the purpose of which is to prevent entrance to the ports of the offending State of properties destined therefor,
particularly vessels. The ultimate objective is to force the offending State to amend its ways or to provide for redress of the
grievance against it. (Paras citing Fenwick, International Law, p. 437)
Since there is no state of war yet between the blockading State and the blockaded, the flotilla of vessels that usually
enforce the blockade is usually strung outside of the territorial sea of the blockaded State.
PACIFIC or CIVIL EMBARGO is an instance where the properties, vessels or aircraft belong to the state that is detaining.
(Fenwick, International Law, p. 435)
PACTA SUNT SERVANDA. A fundamental principle in international law that a treaty must be observed in good faith.
Every treaty in force is binding upon the parties to it and must be performed by them in good faith. (Vienna Convention
on the Law of Treaties, Article 26)
PLAIN VIEW DOCTRINE. Objects falling within the plain view of an officer who has a right to be in the position to have
that view are subject to seizure even without a search warrant and may be introduced in evidence.
POSTLIMINIUM. The rule in international law for the revival of rights belonging or pertaining to persons and things that
POSTLIMINY. Refer to POSTLIMINIUM
PRESUMPTIVELY PRIVILEGED COMMUNICATION. There is great public interest in preserving the confidentiality of
conversation that takes place in the Presidents performance of his official duties. [Neri v. Senate Committee on
Accountability of Public Officers and Investigations, et al., G. R. No. 180643, March 25, 2008 citing United States v. Nixon,
418 U.S. 683) Presidential communications are thus considered as presumptively privileged. The presumption is
founded on the Presidents generalized interest in confidentiality. (Ibid.)
The privilege is said to be necessary to guarantee the candor of presidential advisors and to provide the President and
those who assist him with freedom toexploire the alternatives in the process of shaping policis and making decisions and
to do so in a way many would be unwilling to express except privately. (Ibid.)
PRETERITION. This is the omission of the heir in the will, either by not naming him at all or, while mentioning him as
father, son, etc., by not instituting him as heir without disinheriting him expressly, nor assigning to him some part of the

properties. It is the total omission of a compulsory heir in the direct line from inheritance. There is no preterition where the
testator allotted to a descendant a share less than the legitime, since there was no total omission of a forced heir. (J.L.T.
Agro, Inc., v. Balansag, 453 SACRA 211)
The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the
execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies
shall be valid insofar as they are not inofficious.
If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the
right of representation. (C.C.P., Art. 354)
PROTOCOL DE CLOTURE. Another term for final act or general act.
Refer to FINAL ACT.
Q
QUASI-SUSPECT CLASS or INTER-MEDIATE LEVEL OF SCRUTINY TEST. Refer to INTERMEDIATE LEVEL OF
SCRUTINY TEST or QUASI-SUSPECT CLASS.
QUESTION HOUR. The practice of members of the Cabinet appearing before Congress is a feature of the parliamentary
system of Government where the members of the Cabinet are responsible to the parliament and may be the subject of
inquiry on any matter pertaining to their departments. Thus our system of government is strongly presidential but with
certain features of the parliamentary system.
R
RATIONAL or TRADITIONAL BASIS TEST. Refer to TRADITIONAL or RATIONAL BASIS TEST.
REBUS SIC STANTIBUS. This is a doctrine in international law which posits that a treaty is concluded with the implied
condition that it is intended to be binding only as long as there is no vital change in circumstances.
RECEZ. The act of a Congress in writing down the result of its deliberations on a particular subject matter. This is done
prior to final adjournment,
RECONVENCION. This is of French origin and is another term for recoupment. It means cutting back of the plaintiffs
claim by the defendant. It thus implies an admission of the plaintiffs claim. (Korea Exchange Bank v. Gonzales, 456
SCRA 224)
REGALIAN DOCTRINE. The State is the source of any asserted right to ownership of land. This is premised on the basic
doctrine that all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State.
[Republic v. Manna Properties ,Inc., etc. citing Pagkatipunan v. Court of Appeals, 429 Phil. 149; 390 SCRA 343 (2002)]
REPRISALS in international law are unfriendly and illegal acts of retaliation, and may be exemplified by confiscation of
assets of the other country situated within the territory of the confiscating state. These are different from reprisals
perpetrated by belligerents during wartime. [Wilson, Handbook of International Law, (1939), p.288]
RESULTING TRUST. A trust presumed to have been contemplated by the parties, the intention as to which is to be found
in the nature of their transaction but not expressed in the deed itself. (Bejoc v. Cabreros, 464 SCRA 78)
RESUME. In international law, this is the act of an international conference in reducing to writing the conclusions of its
deliberations on a particular subject.
RETORSIONS are unfriendly but legal acts in retaliation for anothers unfriendly actuations. Examples are discriminatory
tariffs. (Fenwick, International Law, p. 433)

RUN-OFF ELECTION. Run-off election, in a certification election, takes place between two unions who received the two
highest number of votes where not one of the unions obtained the majority of the valid votes cast, provided that the total
union votes is at least 50% of the votes cast. (Labor Code, Art. 256)
S
SALUS POPULI EST SUPREMA LEX. The safety of the people is the supreme law.
SIC UTERE TUO UT ALIENUM NON LAEDAS. So use your property so as not to harm others.
STATUS QUO. Another term for status quo ante.
STATUS QUO ANTE. This is the last actual, peaceful, and uncontested status that precedes the actual controversy, that
which is existing at the time of the filing of the case. (Cortez-Estrada v. Heirs of Domingo Samut/Antonia Samut, 451
SCRA 275)
It is also referred to merely as status quo. (Philippine Ports Authority v. Cipres Stevedoring & Arrastre, Inc., 463 SCRA
358)
The status quo is what is intended to be maintained by the provisional remedies of a temporary restraining order, a writ of
prohibitory or mandatory injunction, etc.
STOP AND SEARCH. One form of search on vehicles is the stop-and-search without warrant at military or police
checkpoints which has been declared to be not illegal per se, for as long as it is warranted by the exigencies of public
order and conducted in a way least intrusive to motorists. A checkpoint may either be a mere routine inspection or it may
involve an intensive search. (Caballes v. Court of Appeals, et al., G.R. No. 136292, January 15, 2002)
Routine inspections are not regarded as violative of an individuals right against unreasonable search. The search which is
normally permissible is limited to the following instances:
a. where the officer merely draws aside the curtain of a vacant vehicle which is parked on the public fair grounds;
b. simply looks into a vehicle;
c. flashes a light therein without opening the cars doors;
d). where the occupants are not subjected to a physical or body search;
e. where the inspection of the vehicles is limited to a visual search or visual inspection; and
f. where the routine check is conducted at a fixed area. (Caballes v. Court of Appeals, et al., G.R. No. 136292, January 15,
2002)
The physical intrusion of the body of the police officer into a vehicle allowed him to see and to smell things he could not
see or smell from the outside. This violates the constitution.
STRICT SCRUTINY or COMPELLING INTEREST TEST. The strict scrutiny (or compelling interest) test. Government
regulation that intentionally discriminates against a suspect class such as racial or ethnic minorities, is subject to strict
scrutiny and considered to violate the equal protection clause unless found necessary to promote a compelling state
interest. A classification is necessary when it is narrowly drawn so that no alternative, less burdensome means is available
to accomplish the state interest. Thus, it was held that denial of free public education to the children of illegal aliens
imposes an enormous and lasting burden based on a status over which the children have no control is violative of equal
protection because there is no showing that such denial furthers a substantial state goal. (Plyler v. Doe, 457 U.S. 202)
SURFACE BARGAINING. Surface bargaining is defined as going through the motions of negotiating without any legal
intent to reach an agreement. It is a violation of the duty to bargain collectively. [Standard Chartered Bank Employees
Union (NUBE) v. Confesor, et al., G. R. No. 114974, June 16, 2004 citing K-Mart Corporation v. National Labor Relations
Commission, 626 F.2d 704[1980])]

SYMBOLIC SPEECH. This refers to expression which is not communicated primarily through words but through behavior
such as burning paper mache images, flags, wearing arm bands, shirts with signs, etc.
T
TERRY SEARCH. "Stop and frisk" is a "limited protective search of outer clothing for weapons." While probable cause is
not required to conduct a "stop and frisk," mere suspicion or a hunch will not invalidate it. (Malacat v. Court of Appeals,
G.R. No. 123595, December 12, 1997; People v. Escano, et al., G.R. Nos. 129756-58, January 28, 2000)
TOBAR DOCTRINE. A proposal made by the then Ecuador Foreign Minister Carlos Tobar that a state should not
recognize a government that has come into power through unconstitutional means.
TRADITIONAL or RATIONAL BASIS TEST. The traditional (or rational basis) test. The classification is valid if it is
rationally related to a constitutionally permissible state interest. The complainant must prove that the classification is
invidious, wholly arbitrary, or capricious, otherwise the classification is presumed to be valid. (Lindsley v. Natural
Carbonic Gas Co., 220 U.S. 61; McGowan v. Maryland, 366 U.S. 420; United States Railroad Retirement Board v. Fritz,
449 U.S. 166)
In our jurisdiction the standard and analysis of equal protection challenges have followed the rational basis test coupled
with a differential attitude to legislative classifications and a reluctance to invalidate a law unless there is a showing of a
clear and unequivocal breach of the Constitution. (Central Bank etc., v. Bangko Sentral ng Pilipinas, etc., G. R. No.
148208, December 15, 2004)