O
Oath in Litem
Oath
A solemn declaration of
intention to tell the truth. The method
of administering an oath may be
varied to conform to the religious
belief of the party so as to make it
binding upon his conscience. Most
commonly it is on the gospel by the
taking of the book in hand and kissing
it after the words have been ad
dressed to the party taking the oath,
though the kissing has in some places
been abolished. Not unfrequently,
oaths are administered by the uplifted
hand, the party or witness holding up
his right hand while the proper officer
repeats to him the necessary words.
Another form of attestation, called an
affirmation, is commonly used by per
sons who have conscientious scruples
against taking an oath.
Oath Decisory
In civil law: An oath which a
party to an action leaves to the other
party and upon which the decision is
left.
An oath respecting the value
of the property which is the subject of
an action.
Oath of Office
The oath taken by a person
upon assuming public office.
Oath Purgatory
An oath taken by a person
who is guilty of a contempt of court
whereby he submits facts to excuse his
conduct.
Obit
A requiem mass or a mass for
repose of the departed in the Roman
Catholic liturgy.
Obiter
Lat. In passing; by the way.
Obiter Dictum
A statement by the court of a
legal principle which is not necessary
to the case before it. Such a statement
is not binding as a precedent but may
be of value nonetheless.
Objection
An argument or reason
presented against an act of the adverse
1
party or his counsel, or against a
determination by the court in the
course of a trial. It is most commonly
used against the ad mission of
testimony during a trial. The usual
form of general objection to testimony
is that it is ''immaterial, irrelevant and
incompetent. But the grounds of the
objection should be stated.
Objection to Evidence
Objection to evidence cannot
be raised for the first time on appeal;
when a party desires the court to
reject the evidence offered, he must so
state in the form of objection. People
vs Aplat, 720 SCRA 260; People vs
Cabrera, 740 SCRA 41
Objection to the documentary
evidence must be made at the time it
is formally offered, and not earlier.
Republic vs Sandiganbayan, 722
SCRA 211
Oblatio
Lat. In civil law: Money which
a debtor tender to his creditor in
payment of the debt.
Oblation
An offering made for the
furtherance of the functions of the
clergy or of the church.
Obligatio Ex Contractu
Lat. An obligation that arises
upon a contract.
Obligatio Ex-Delicto
Lat. Civil obligation or
liability arising from the commission
of a crime.
Obligatio Ex-Maleficio
Lat. Civil obligation or
liability arising from the commission
of a crime.
Obligation
A juridical necessity to give,
to do or not to do. (Article 1156, Civil
Code)
An obligation is a juridical tie
be tween two persons, by virtue of
which one of them, the creditor, has
the right to den1and of the other, the
debtor, a definite prestation. In the
words of Manresa, it is the legal
relation established between one party
and another whereby the latter is
bound to the fulfillment a prestation
which the former may demand of
him.
Elements of Obligations:
Every obligation has four
definite elements:
( 1) an active subject, who
has the power to demand the pre
station, known as the obligee or
creditor;
2
 (2) a passive subject, who is
bound to perform the prestation,
known as the obligor or creditor;
(3) an object or the prestation;
and
(4) the efficient cause or the
juridical tie between the two subjects
by reason of which the debtor is
bound in favor the Creditor to
perform the prestation.
Obligation with Period
Obligations with a resolutory
period take effect at once, but
terminate upon arrival of the day
certain. A day certain is understood to
be that which must necessarily come,
although it may not be known when.
(Article 1193, Civil Code)
Those whose consequences
are subjected in one way or another to
the expiration of said period or term.
(Lirag Textile Mills, Inc. vs. Court of
Appeals, 63 SCRA 374)
Obligatory Redeemable Share
Or Compulsory redeemable
share: As to mining company, it refers
to such stock as is Issued to those who
originally own the mining ground or
valuable right connected therewith, in
consideration to their deeding the
same to the mining company, when
the company is incorporated. It may
also mean such stock as is issued, or
those interested in the company, or
incorporating it.
Obligee
One to whom a legal duty is
owed
Obligor
One who is under a legal duty
or obligation
Oblique View
That which is obtained from a
wall at an angle with the boundary
line, such that in order to see the
adjoining tenement. It is necessary to
put out or turn ones head to the left
or to the right.
Direct view: which is obtained
from a wall parallel to the boundary
line, such that from the opening in
such wall it is possible to see the
adjoining tenement without the
necessity of putting out or turning
one's head
Obloquy
Disgrace; reproach
Obrem
Lat. On account of or a suit
against the thing.
Obreption
3
 In ecclesiastical law: The
obtaining of some church privilege by
a false statement
Obscene
A term implied to acts or
words or representations that shock
public ideas of sexual purity or
modesty. The test of obscenity has
been said to be whether the words
would tend to defame the morals of
persons who would see the
publication by suggesting lewd
thoughts and exciting sensual desires
Such indecency as is
calculated to promote the violation of
the law and the general corruption of
morals. It is indictable. The exhibition
of an obscene picture is indictable at
common law even though not charged
to have been exhibited in public, if
exhibited to per sons for money
Obscenity
View that Roth v. United
States, 354 U.S. 476 (1957), laid down
the more reasonable and thus, more
acceptable test for obscenity: whether
to the average person, applying
contemporary community standards,
the dominant theme of the material
taken as a whole appeals to prurient
interest. Soriano vs Laguardia, 65
SCRA 254.
Obsolete
4
A term implied to a law
which is not repealed but which is not
enforced.
Obstructing Execution of Process
Attempting to prevent or
actually preventing the execution of
lawful process. It is considered a high
offense, more particularly so where
the obstruction of an arrest upon
criminal process, in which case the
person opposing the arrest thereby
becomes a party to the crime, that is,
an accessory in felony or a principal in
high treason to constitute such
obstruction the officer must be
prevented by actual or threatened
violence on the part of one having
capacity to employ it.
Obstruction Of Justice
Acts which tend to hinder or
obstruct the trial of an action,
especially a criminal proceeding,
including each stage thereof.
Obvention
An incidental profit or
advantage, especially to a beneficed
clergyman.
Obviously Manufactured Return
 Election return that is
statistically improbable. (Sinsuat vs.
Pendatun, 33 SCRA 630)
Occupancy
The taking possession of
ownerless property, or property
which has been intentionally
abandoned, even if in law ownership
has not been lost.
Occupant
One in actual possession of a
house, or some rights within a
building or organization, like the pew
of a church or an office.
An actual, bona fide settler:
Should be taken to mean the physical
possessors and does not include any
other possessors, such as those
claiming to have constructive or legal
possession. (Barromeo vs. Lopez, CA-
G.R. No. 28669-R, June 26, 1964)
Occupant Load
The maximum number of
persons that may be allowed to
occupy a particular building, structure
or facility or portions thereof. (Rules
and Regulations Implementing the
Fire Code of the Philippines)
Occupation
Taking possession, or the act
of possession, of some property,
generally land or buildings.
A trade, profession or
business in which a person is
engaged.
The term also denotes the
possession of the territory of the
enemy in time of war.
Occupational Disease
One which results from the
nature of the employment, and by
nature is meant to conditions to which
all employees of a class are subject
and which produce the disease as a
natural incident of a particular
occupation, and attach to that
occupation a hazard which
distinguishes it from the usual run of
occupations and is in excess of the
hazard attending the employment in
general. (Me:iiez vs. Employees'
Compensation Commission, 97 SCRA
87)
This type of disease is
characterized by the fact that
(1) it occurs in association
with particular types of occupation,
and
(2) the disability due to the
injurious exposure grow gradually
over a period of time.
5
Occupational Tax
A tax or excise levied for the
right to engage in specified business.
Occupation of Real Property
In criminal law: A person
who, by means of violence against or
intimidation of persons, takes
possession of any real property, or
usurps any real rights in property
belonging to another. (Article 312,
Revised Penal Code)
The requisites of usurpation
are that the accused took possession of
another's real property or usurped
real rights in another's property; that
the possession or usurpation was
committed with violence or
intimidation and that the accused had
animo lucrandi. In order to sustain a
conviction for "usurpacion de
derechoes reales," the proof must
show that the real property occupied
or usurped belongs, not to the
occupant or usurper, but to some
third person, and that the possession
of the usurper was obtained by means
of intimidation or violence done to the
person ousted of possession of the
property.
Occupavit
Lat. He occupied or took
possession. A writ which lay to
recover a freehold by one who was
evicted in time of war.
6
Occurrence
Or transaction: The word
''trans action" may comprehend a
series of many occurrences,
depending not so much upon the
immediateness of their connection as
upon their logical relationship. In
other words, the rule requiring the
pleading of a counterclaim, any claim
arising out of transaction or
occurrence that is the subject matter of
the opposing parties' claim, the term
"transaction" is broad enough to
include an occurrence and the
words ' 'transaction' ' or ' 'occurrence' '
as used include the facts out of which
a cause of action may arise and
probably mean whatever may be done
by one person which affects another's
rights and out of which a cause of
action may arise. In determining
whether it is necessary to file a
counterclaim, or to be barred from
asserting it, the test to be applied is
whether the same evidence will
support or refute the opposing claim.
Octave
The eighth day after a festival,
counting both days. The Octave of
Easter was the following Sunday.
Ocular Inspection
Where the object in question
cannot be produced in court because it
is immovable or inconvenient to
remove, the natural recourse is for the
tribunal to go to the object in its place
and there observe it. This process,
traditionally known as a ''view'', has
been recognized as an appropriate
one. (Brown vs. Meralco, 20 Phil. 406.)
Occupied Bandwidth
The frequency bandwidth
such that, below its lower and above
its upper frequency limits, the mean
powers radiated are each equal to
0.5% of the total mean power radiated
by a given emission. In some cases, for
example multi channel frequency-
division system, the percentage of
0.5% may lead to certain difficulties in
the practical application of the
definitions of occupied and necessary
bandwidth; in such cases a different
percentage may prove useful. (Article
1, Section 3, Radio Regulations.)
Odio Et Atia, De
Lat. Concerning hatred and
enmity. An ancient writ. It was the
foundation of a great part of the early
criminal procedure and may have
been one of the important elements in
the development of criminal trials.
Of Age
The age of maturity is twenty-
one years old. (Article 402, Civil Code)
The person who has reached majority
is qualified for all acts of civil life.
Of Counsel
The term applied to counsel in
an action who may not be counsel of
record.
Of Course
A proceeding involving action
of a court or of an agency, which will
certainly be granted, without
argument or proof.
Off-Days
Rest days for the worker.
(Philippine Airlines Employees
Association (PALEA) vs. Philippine
Airlines, Inc., 70 SCRA 244)
Offended Party
In criminal law: A person to
whom a violation of law was made.
Offense
A violation of law, including
all crimes and misdemeanors as well
as every other kind of contravention.
A violation of established
rules of morality or proper conduct.
Offensive
In pollution law: There is no
doubt that the word ''offensive''
includes strong stench. In order that
an occupation or trade may be
sanitarily regulated, it is not necessary
that life and health be exposed to
danger; it is sufficient that the
business produces something
7
offensive to the senses, something that
renders the enjoyment of life and
property hard and unbearable.
(People vs. Sia Huat, 2 O.G. 494)
Offer
The proposal to enter into a
contract made by one person called
the offeror to another called the
offeree. All the terms of the proposed
contract must be contained in the
offer, so that any indication of assent
will be sufficient to create the contract.
An offer does not arise until it is
communicated, i.e., comes to the
knowledge of the offeree. It ceases to
exist when it is revoked or rejected, or
when it is accepted, since it then
becomes a contract. A counter-offer by
the offeree is a rejection of the offer.
An offer will expire by lapse
of a set time is such a time is stated in
the offer, or by the lapse of a
reasonable time, if no time is
indicated. What is a reason able time
is determined by usage or by the
special circumstances of the case, until
offer has expired, it may be revoked
by the offeror as soon as knowledge of
its withdrawal is communicated to the
offeree. In the same was it may be
revoked as soon as knowledge of the
offeree's refusal reaches the offeror. If
the offer has expired, it can neither be
revoked, rejected nor accepted.
Offer of Evidence
8
As used in Section 35, Rules of
Court: An offer of evidence means the
statement made by the counsel, when
the court has sustained an objection to
the evidence presented by him, as to
what he expects to prove by the
witness. In other words, the offer of
evidence should be made in reference
to what the witness would testify, if
permitted.
Office
A position of trust or
authority in government. All officers
may be deposed for misbehavior in
office. An office is not a contract with
the government or the appointing or
electing power, and, in the absence of
constitutional prohibition, the term of
an officer may be abbreviated or
extended by the legislature, or the
emoluments of the office may be
increased or diminished during the
term. Not unfrequently, however,
there are constitutional provisions
preventing the increase or
diminishing of emoluments of state
officers during the term and similar
legislative prohibitions with respect to
local offices.
The room or place in which
the public officer transacts business.
The right, authority and duty,
created and conferred by law, by
which for a given period either fixed
by law or enduring at the pleasure of
the creating power, an individual is
invested with some portion of the
sovereign functions of the
government, to be exercised by him
for the benefit of the public. (Oliveros
vs. Villaluz, 57 SCRA 163)
Office-Block Ballot
It is sometimes called by
virtue of its origin, the Massachusetts
ballot. Names of all candidates, by
whatever party nominated, for each
office are grouped together on the
office-block ballot, usually with an
indication alongside each name of the
party affiliation. The supposition is
that the voter will be compelled to
consider separately the candidates for
each ballot, in contrast with the
encouragement given to straight-ticket
voting by a single mark. (Peralta vs.
Commission on Elections, 82 SCRA
30)
Office Copy
Transcript of legal
proceedings which is filed in the
appropriate public office.
Office of the Government Corporate
Counsel (OGCC)
Safeguard the legal interest of
all government-owned and controlled
corporations, their subsidiaries, other
corporate offspring and government-
acquired asset corporations.
Office of the President
The Office of the President is
tasked to provide administrative,
advisory, consultative and other
support services to the President in
the latters exercise of his/her powers
and functions as Head of State and of
the Executive Branch
Office of the Solicitor General (OSG)
The OSG represents the
Government of the Philippines, its
agencies and instrumentalities and its
officials and agents in any litigation,
proceeding, investigation or matter
requiring the services of lawyers.
When authorized by the President or
head of the office concerned, it shall
also represent government owned or
controlled corporations.
Officer
A person entrusted with the
duties of any office, public or private.
A person employed by a corporation
to perform important administrative
duties, like president, secretary, or
general manager.
As distinguished from ' 'clerk'
' or "employee": Refers to those
officials whose duties, not being of a
clerical or manual nature, may be
considered to involve the exercise of
discretion in the performance of the
functions of government, whether
such duties are precisely defined by
law or not. (Ibid.)
Officer Breaking Seal
9

In criminal law: Any public
officer charged with the custody of
papers or property sealed by proper
authority who breaks the seal or
permit them to be broken constitutes a
crime.
Officer De Facto
One who has the reputation of
being the officer he assumes to be, and
yet is not a good officer in point of
law. He must have acted as an officer
for such a length of time, under color
of title and under such circumstances
of reputation or acquiescence by the
public and pub lie authorities, as to
afford a presumption of appointment
or election, and induce people,
without inquiry, and relying on the
supposition that he is the officer he
assumes to be, to submit or invoke his
action. (Torres vs. Ribo, 81 Phil. 44)
Officers of Corporations
Duties of: Corporation officers
have authority, in general, to perform
such duties as customarily devolve
upon them as well as those which are
expressly allotted to them by the by-
laws or by statute. Acts done by them
within the scope of their usual and
customary duties are presumed to
have been legally done, and are
binding upon the corporation in the
absence of some express prohibition in
the by-laws or elsewhere.
10
Officers generally are bound
to the exercise of ordinary care and
diligence in the performance of their
duties whether paid or not. If paid, the
degree of care and diligence required
of them is increased, and they are
liable personally for loss arising from
failure to perform their duties with the
requisite care and diligence, and one
doing an act on behalf of a corporation
forbidden by law is liable personally
therefor. Officers of a corporation as
well as the corporation itself may be
held responsible for maintenance of a
public nuisance even though that
nuisance consists of the business of
the corporation itself.
Official
The person appointed by
archbishop, bishop or dean, to
exercise ecclesiastical jurisdiction.
Sometimes used as a synonym for
officer.
Pertaining to or in connection
with the performance of a public office
or the status of a public officer.
Official Secrets
Matters which, in a public
office, are classified by that office as
material not to be communicated to
unauthorized persons or to the public
without official permission.
Official Receipts
 Office of the Court
Administrator (OCA) Circular No. 22-
94 provides that the duplicate and
triplicate copies of court receipt must
be carbon reproduction in all respects
of whatever may have been written in
the original. Office of the Court
Administrator vs Pacheco, 626 SCRA
686.
Officio, Ex
Lat. Out of the office, i.e., by
virtue of office. The term is in constant
use to describe certain functions
which are incidental to holding office,
especially in the case of high executive
officers, who are ex officio also
members of certain boards and
committees.
Officious Will
A will in which the testator
does not disregard those who have a
natural claim on his bounty. It is a
descriptive, rather than a technical
term.
Offshore
An area situated off the shore
within a zone generally considered to
extend to three miles. (De Castro vs.
Marcos, 26 SCRA 644)
Offshore Banks (OBU)
In banking law: Only foreign
banks or local branches of foreign
banks may be authorized to operate
an offshore banking unit in the
Philippines.
The OBU shall be under the
supervision of the Central Bank.
Provisions of the Usury Law, Uniform
Currency Law and the Philippine
Deposit Insurance Law shall not apply
to OBU's, except the Secrecy of Bank
Deposits Law.
Oficios De Hipoteca
Sp. During the early part of
the 19th century, oficios de hipoteca
were under the charge of the
escribano de ayuntamiento (municipal
secretary). These offices were
established to record various land
grants authorized by the Crown as
well as transactions relating thereto.
Later, the alcaldes mayores took over
and then the escribario de cabildo.
Again at a time, the functions were
placed in certain offices known as
contadurias, anotadurias and jusgado
receptores.
Oil Burning Equipment
An oil burner of any type
together with its tank, piping, wiring
controls, blower and related devices,
and shall include all oil fired units,
heating and cooking appliances.
(Rules and Regulations Implementing
the Fire Code of the Philippines).
11

Oils
In ordinary parlance:
Lubricants, not gasoline or kerosene.
(Qua Chee Gan vs. Law Union and
Rock Insurance Company, 98 Phil. 85)
Old Age
The mitigating circumstance
of old age under Article 13 (2) of the
Revised Penal Code applies only
when the offender is over 70 years of
age at the time of the commission of
the offense. Reyes vs. People, 626
SCRA 782.
Olograph
A written instrument which is
entirely in the handwriting of the
person signing it.
Ombudsman
The power of the Office of the
Ombudsman to investigate extends to
all kinds of malfeasance, misfeasance,
and non-feasance that have been
committed during his tenure of office
by any officer or employee of the
Government, or of any subdivision,
agency or instrumentality thereof,
including government-owned or
controlled corporations. Office of the
Ombudsman vs. De Leon, 692 SCRA 27
12
[2013]
Tasked to exercise disciplinary
authority over all elective and
appointive officials, save only for
impeachable officers. Alejandro vs.
Office of the Ombudsman, 695 SCRA 35
[2013]
Under Section 12, Article XI of
the 1987 Constitution, the Office of the
Ombudsman is envisioned to be the
protector of the people against the
inept, abusive, and corrupt of the
Government, to function essentially as
a complaints and action bureau.
Gonzales vs. Office of the President, 714
SCRA 611 [2014]
The Ombudsmans broad
investigative and disciplinary powers
include all acts of malfeasance,
misfeasance, and nonfeasance of all
public officials, including Members of
the Cabinet and key Executive officers,
during their tenure. Gonzales vs. Office
of the President, 714 SCRA 611 [2014]
View that the duties of the
Ombudsman and Deputy
Ombudsman are provided for in
Article XI, Section 13 of the 1987
Constitution. These include the duty
to direct any public official or
employee of the government to
perform and expedite any act or duty
required by law, or to stop, prevent,
and correct any abuse or impropriety
in the performance of duties. Gonzales The Ombudsman shall give
vs. Office of the President, 714 SCRA 611 priority to complaints filed against
[2014] high ranking government officials
and/or those occupying supervisory
positions, complaints involving grave
Under Section 13(8), Article XI
offenses as well as complaints
of the 1987 Constitution, the
involving large sums of money and/or
Ombudsman is authorized to
properties (Sec. 15, R.A. No. 6770).
promulgate its own rules of
procedure. Casimiro vs. Rigor, 744 Omissio
SCRA 611 [2014]
Lat. Omission.
In terms of composition, Section
3 of R.A. No. 6770 defines the Omission
composition of the Office of the
Ombudsman, including in this Office A failure to perform an act
which is a legal duty.
not only the officers of the several
Deputy Ombudsmen but the Office of
A failure to insert or mention
the Special Prosecutor as well.
something in a document.
Gonzales vs. Office of the President, 714
SCRA 611 [2014] Omnia Praesumuntur Contra
Spoliatorem
THE OMBUDSMAN AND HIS
DEPUTIES, as protectors of the people Lat. Every presumption is
shall act promptly on complaints filed made against a wrongdoer
in any form or manner against officers
or employees of the Government, or of Omnia Praesumuntur Rite Et
any subdivision, agency or Solemniter Esse Acta
instrumentality thereof, including
government-owned or controlled Lat. All facts are presumed to
corporations, and enforce their have been done regularly.
administrative, civil and criminal
liability in every case where the
evidence warrants in order to promote
efficient service by the Government to Omnibus Bill
the people (Section 13, R.A. No. 6770;
see also Section 12 Article XI of the A statute which contains a
1987 Constitution). number of different bills.

Omnibus Election Code

13

A code which shall govern all
election of public officers and, to the
extent appropriate, all referenda and
plebiscites. BATAS PAMBANSA
BILANG 881, Section 2
Omnibus Motion
A motion attacking a pleading
or a proceeding which include all
objections then available, and all
objections not so included shall be
deemed waived. (Section 8, Rule 15,
Rules of Court)
The purpose is to avoid multiplicity of
motions which is a cause of
unnecessary delays and expenses in
the administration of justice. In the
interest of justice, litigants should not
reiterate identical motions,
speculating on the possible change of
opinion of the court or of the judges
thereof.
Omnibus Rules on Leave
Pursuant to Section 63, Rule
XVI of the Omnibus Rules on Leave,
as amended by Civil Service
Resolution No. 070631, an employees
Absence Without Official Leave
(AWOL) for at least thirty (30)
working days warrants his separation
from the service. Alano vs Sahi, 738
SCRA 261
Omnis Innovatio Plus Novitate
Perturbat Quam Utilitate Protest
14
Lat. Every innovation
occasions more harm by its novelty
than benefit by its utility.
Omnis Ratihabitio Retrotra Hitur Et
Mandato Priori Eaquiparatur
Lat. Subsequent ratification is
equivalent to prior command.
Once a Mortgage Always a
Mortgage
The doctrine was firmly
established from an early day that
when the character of a mortgage has
attached at the commencement of the
transaction, so that the instrument,
whatever be its form, is regarded in
equity as a mort gage, that character
of mortgage must and will always
continue. If the instrument is in its
essence a mortgage, the parties cannot
by any stipulations, how ever, express
and positive, render it anything but a
mortgage or deprive it of the essential
attributes belonging to a mortgage in
equity. (Reyes vs. Sierra, 93 SCRA 472)
One Half Month Salary
The Supreme Court (SC), in
the case of Elegir vs. Philippine
Airlines, Inc., 676 SCRA 463 (2012) has
recently affirmed that one-half (1/2)
month salary means 22.5 days: 15
days plus 2.5 days representing one-
twelfth (1/12) of the 13th month pay
and the remaining five (5) days for
Service Incentive Leave (SIL) (Grace
Christian High School vs Lavandera,
733 SCRA 498)
Onerari Non
Lat. Not chargeable with the
debt.
Onerari Non Debet
Lat. He ought not to be
burdened. A plea in the old action of
debt which denies the personal
obligation of the defendant on the
debt which is the basis of the action.
Onerous
At the common law: An
obligation entailing burdensome and
difficult duties.
At the civil law: A contract or
title which is granted for valuable
consideration, as distinguished from
gratuitous.
Onerous Cause
An obligation assumed for
valuable consideration.
Onerous Donation
When two persons advanced
in years, being entirely alone and
requiring the care of younger people,
enter into a contract whereby it is
agreed that, in consideration of such
care during the lifetime of the former,
they transferred their real estate to the
persons thus caring for them, such a
contract does not constitute a
donation remuratoria but a donation
con causa onerosa, and is governed by
the law of contract and not that of
donation. (Carlos vs. Ramil, 20 Phil.
183)
One Subject - One Title Rule
The one subject/one title rule
expresses the principle that the title of
a law must not be so uncertain that
the average person reading it would
not be informed of the purpose of the
enactment or put on inquiry as to its
contents, or which is misleading,
either in referring to or indicating one
subject where another or different one
is really embraced in the act; or in
omitting any expression or indication
of the real subject or scope of the act
Imbong vs Ochoa, Jr. 721 SCRA 146
On Freight
A type of compensation for
the crew In a written instrument: A
recital of a date when not known with
certainty; an approximation of date.
On Shares
A type of compensation for
the crew of the vessel: Compensation
is based on the resultant profits of the
voyage.
On The Occasion
15
 In criminal law: The character
of a person in authority is not
assumed or laid off at will, but
attaches to a public official until he
ceases to be in office.
Online Social Networks
The purpose of an Online
Social Networks (OSN) is precisely to
give users the ability to interact and to
stay connected to other members of
the same or different social media
platform through the sharing of
statuses, photos, videos, among
others, depending on the services
provided by the site. Vivares vs St.
Theresas College, 737 SCRA 92
Only
As used in Article 1734, Civil
Code: The word "only" conveys the
idea that the enumeration is exclusive.
On or About
The phrase as employed in the
information does not require the
prosecution to prove any precise date
but may prove any date which is not
so remote as to surprise and prejudice
the defendant. (People vs. Borromeo,
123 SCRA 253)
Onu Probandi
Lat. Burden of proof.
Open
16
To begin a trial or to be the
first to present argument to a court.
To make public the contents of a
sealed instrument, like a bid, a will or
an account.
Not yet settled or completed,
as of a question of law or fact which
has not been finally determined. An
offer is open until it is accepted,
revoked, rejected or expired by
limitation of time.
Open Account
A series of several financial
transactions between the same parties,
in which debits and credits are
balanced against each other and no
final settlement has as yet been made.
Also called account current or running
account.
Open and Closed Shop
The term ''open shop'' does
not merely mean that the employer
will recognize or deal with a union,
but refers to a shop in which union
and non-union men are employed
without discrimination.
The term ' 'closed shop' ' usually de
notes an establishment in which all
employees are members of a labor
union.
Open and Notorious

A term used of misconduct so
flagrant that any observer could notice
it and know its character. It is applied
especially to acts which shock public
morals like adultery.
Open City
In military law: In land
warfare, is a city within the combat
zone, which is laid open to the grasp
of the attacker's land forces by leaving
it undefended
An undefended city or town,
one, i.e., that has no fortification
within or around it and no military
equipment to repel attack.
Open Corporation
One in which the general
public may become corporators or
members thereof.
Open Court, In
A phrase describing an act
done publicly in the presence of the
judge and the other officers of the
court.
Open Door Policy
In international law: The
policy favored by some western
powers of demanding that a newly
settled sections or in nations that
previously excluded foreigners, like
China and Japan, all foreigners have
equal access for purposes of
commerce.
Open-End Company
It is an investment company
which is offering for sale or has
outstanding any redeemable security
of which it is the issuer.
Opening of Closed Documents
In criminal law: Any public
officer who has no proper authority
opens and permits to be opened any
closed papers, documents or objects
entrusted to his custody can be
convicted of infidelity in the custody
of documents.
Open Policy
In insurance law: One in
which the amount to be paid in case of
loss is left to be fixed after the loss
occurs.
One in which the amount of
liability is left open to be determined
according to the actual loss, either by
agreement of the parties, or on proof
in compliance with its terms or with
the rules of evidence. However, there
may be an amount written on the face
of the policy, but that represents only
the maximum amount of recovery,
beyond which there is no liability
upon the in surer, even for damage
actually suffered.
17

Open Port
A port or harbor to which
ships can resort with the
understanding that goods unloaded
there may not, without special
permission, be transported into the
interior.
Operative fact doctrine
The doctrine of operative fact,
as an exception to the general rule,
only applies as a matter of equity and
fair play. 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.
The doctrine is applicable when a
declaration of unconstitutionality will
impose an undue burden on those
who have relied on the invalid law.
Thus, it was applied to a criminal case
when a declaration
unconstitutionality would put the
accused in double jeopardy Chavez vs.
Judicial and Bar Council, 696 SCRA 496
[2013]
Open Refusal
In criminal law: Frankly and
unreservedly refusing to execute the
judgment or order, a clear, manifest
18
and positive refusal. The judgment or
order must have been legally issued.
There should be criminal intent to
defy the superior authority.
Open Sea
In international law: That part
of the sea which is not enclosed
between head lands or included in
narrow straits.
Open Shop
A business or industry in
which the employer is free to employ
both union and non-union labor at his
pleasure.
Operation
Synonymous with
management, administration or
control and the terms denote the
authority to direct, restrict or regulate.
There is no legal differentiation
among these terms and they signify
positive, rather than mere negative
conduct.
Operation of Law
of
A term describing the fact that
rights may be acquired or lost by the
effect of a legal rule without any act of
the person affected.
Operator
Includes the owner, manager,
administrator, or any other person
who operates or is responsible for the
operation of business establishment or
undertaking. (Section 3(z), Local Tax
Code)
Operative
Applied to words in a legal
instrument which are necessary to
produce the legal effect which is the
purpose of the instrument, like the
words of grant in a deed.
Operative Fact Doctrine
The operative fact doctrine is
a rule of equity. As such, it must be
applied as an exception to the general
rule that an unconstitutional law
produces no effects. It can never be
invoked to validate as constitutional
an unconstitutional act. G.R. No.
176951
Opinion
The formal statement by a
judge of the reasons for his decision in
a case presented. As a rule, opinions
are rendered only by appellate court
in determining question of law; but in
many cases trial courts also give
written opinions when only a question
of law is involved in a case, as when a
demurrer is ruled on. In many
jurisdictions, the constitution requires
the filing of a written opinion by an
appellate court. The term is sometimes
used to include the judgment or
decision, and occasionally is loosely
used instead of the decision or
judgment.
Opium Den
A dive or resort where any
prohibited drug is used in any manner
contrary to law. (Article 191, Revised
Penal Code)
Opposite Numbers
In diplomatic parlance:
Normally diplomats deal only with
their opposite numbers. However, if a
diplomat of higher rank chooses to do
so, he may take the initiative in
dealing with one of the lower rank.
Oppression
The partiality of judges in
favor of one party rather than of the
other.
The improper or excessive use
of power or authority.
An act of cruelty, severity,
unlawful exaction, domination, or
excessive use of authority. (Ochate vs.
Ty Deling, L-13298, March 30, 1959)
Oppressive
Unreasonable burdensome,
unjustly severe, or harsh. (Section 3(a-
l), Local Tax Code)
19
 from the consideration for the offer;
Optima Legum Interpres Est but when the option; i.e., the
Consuetudo continuing offer is accepted, it ceases
to be an option and becomes a
Lat. Custom is the best mutually binding agreement of sale.
interpreter of the law.
Optional Dividend

One in which the stockholder

has the choice as to form.

Optimus Interpres Rerum Usus

Optional Redeemable Share
Lat. Usage is the best
interpreter. In corporation law: It is one
which accords to the issuing
Option corporation the right to call in or
purchase the share at a certain
A power of selection between redemption price.
two or more courses of action, either
of which will satisfy a claim. Optional Retirement

A contract to keep an offer A government officer or

open for a definite time. If the offer is
revoked before the expiration of the
time, the option may sue for the
breach of the contract of option, but
not of the con tract contained in the
offer. If the latter contract, however,
was one which could be specifically
enforced, the optionee may bring an
action to enforce the con tract of the
offer, as though the offer were still
open.
The distinguishing
characteristics of an option is that it
imposes no binding obligation upon
the person holding the option, aside
employee has the option to retire if he
so desires provided he meets all the
requirements prescribed by the
retirement laws.
(Commonwealth Act. No. 186, as
amended; Republic Act Nos. 340;
910, as amended.)
Optionee
A person who has secured by
contract the right to keep an offer
open.
Optioner

20
 A person who has by contract
bound himself to keep an offer open.
Or
The term "or" has, oftentimes,
been held to mean, "and," or vice-
versa, when the spirit or context of the
law warrants it. (Gonzales vs.
Commission on Elections, 21 SCRA
774)
Oral
By speech or word of mouth,
as contrasted with writing. The same
as parole.
Oral Complaint
An informal recital of a cause
of action endorsed upon the
summons, usually in a court of
inferior juris diction.
Oral Defamation
It distinguishes between
serious slander, a less grave felony,
and light slander, a light offense. The
gravity of the oral defamation
depends not only upon the
expressions and how used but also on
the personal relations of the accused
and the offended party and the
circumstances surrounding the case.
Oral defamation refers to the words
heard, or addresses itself to the sense
of hearing, not of sight. In oral
defamation, the language used must
be defamatory and clear so as to leave
no room for doubt that it is addressed
to a determinate person. Although the
defamation may be direct or indirect
or in the form of allusions, it must
nevertheless be positive, that is, it
must express the idea or element
punished by the law. There is oral
defamation even if other persons and
not the offended party heard the
slanderous words. This principle is in
accordance with sound reason
because even if the offended party
him self has not heard the slanderous
words, his reputation is affected if
such words were heard by persons
whose opinions regarding his honesty
and integrity may be lowered.
However, the person defamed must
be clearly identified.
Oral Pleading
Verbal pleading in open court.
Ordain
To decree; constitute; enact.
To appoint to an office.
Order
A formal direction by a court,
commanding or forbidding some act.
A written determination of a
court in connection with litigation and
21
not included in the judgment or
decree.
Decrees issued by the President
during Martial law in the exercise of a
quasi-legislative prerogative.
In Mercantile law: One of the
words of negotiability, i.e., "pay to the
order of," which indicates that the
paper must be indorsed in order to be
effectively transferred. In many
jurisdictions such a power of transfer
by indorsement, as though made "to
order of," will be implied if payment
is directed to a particular person and
further transfer is not in express
terms, forbidden.
Order of Business
The order in which legislative
business is conducted.
Ordinance
A local law or regulation
issued by a municipality, common
council or council of the elders.
In administrative law: An act
passed by the municipal council in the
exercise of its law-making authority.
The passing of an ordinance is the
main function of the municipal
council. There can be no effective local
government if the municipal council is
powerless in passing measures
necessary to regulate the various
activities of the municipality.
22
Ordinary
As an adjective: Having
original, i.e., non-delegated
jurisdiction.
As a noun: The archbishop or
bishop of a diocese. In the case of
ecclesiastical law, the bishop's deputy
may be called the ordinary.
Ordinary and Liquidating Dividend
In corporation law: That the
distribution of dividends of a
company which voluntarily wound
itself and its business sold to a new
company incorporated under the laws
of the Philippines to ''carry on its
business in trust for the corporation"
(vendor) and other successive
distributions of amounts in question
among stockholders in the nature of
steps obviously to complete. Its
liquidation are not distributions of
ordinary dividends not being in the
ordinary course of business and with
intent to maintain the corporation as a
going concern but are after liquidation
of business had been decided upon
payments for the surrender and
relinquishment of holder's interest in
the corporation or the so-called
liquidating dividends. The test is
whether distribution was in the
ordinary course of business.
Distribution of liquidating dividends
and not ordinary dividends is taxable.
(Wise & Company vs. Meer, 78 Phil.
655)
Ordinary Care
The care to be exercised by a
reasonable man under the particular
circumstances. Synonymous with
reasonable care.
Ordinary Life
Or straight life: In insurance
law: The insurer pays fixed premiums
every year throughout his life and the
beneficiary is entitled to receive the
face value only upon death of the
insured. This kind of insurance has a
cash surrender value. Also known as
whole to regular life.
Ordinary Repairs
Such as are required by the
wear and tear due to the natural use of
the thing and are indispensable for its
preservation. (Article 592, Civil Code)
Requisites: ( 1) The deteriorations or
defects arise from the natural use of
the thing, and (2) the repairs are
necessary for the preservation of the
thing.
Ordination
The conferring of holy orders
on a Christian minister, especially
applied to priests of the Roman
Catholic or Anglican Communion.
Ordinatione Contra Servientes
Lat. Concerning the order
against servants.
Ore
R.A. No. 7942 defines ore as
naturally occurring substance or
material from which a mineral or
element can be mined and/or
processed for profit SR Metals Inc. Vs
Reyes, 724 SCRA 535
Ore Tenus
Lat. By word of mouth.
Up to the lips. By word of
mouth. The phrase is applied to any
argument made orally to a court,
especially when it modifies or
supplements arguments already
presented in writing.
Organic Act
A Federal statute which gives
self-government to the people of a
territory.
Organic Coating
A liquid mixture of binders
such as alkyd, nitro-cellulose, acrylic,
or oil, and flammable and combustible
sol vents such as hydrocarbon, ester,
ketone, or alcohol, which when spread
on a surface becomes a durable
protective and decorative finish.
23
(Rules and Regulations Implementing
the Fire Code of the Philippines)
Organic Law
The organic law of a state or
nation is contained in its constitution.
The term organic law is also as a
synonym of constitutional law.
Organic Peroxide
A strong oxidizing compound
which releases oxygen readily. It
causes fire when in contact with
combustible materials especially
under conditions of high temperature.
(Fire Code of the Philippines.
Organization
In corporation law: Executive
structure, election of officers,
providing for subscription and
payment of capital, adoption of by-
laws, and other steps necessary to
endow the legal entity with capacity
to transact the business for which it
was created. (Benguet Consolidated
Mining Company vs. Pineda, 98 Phil.
711)
Organize
To prepare an organization or
entity for the transaction of business,
by assembling it, choosing officers,
committees, etc. (Mejia vs. Balolong,
81 Phil. 486)
Original
24
In general: A term applied to
any thing which is first in time or
importance. It is used in a number of
special senses.
Original Bill
The bill filed at the beginning
of a suit in equity.
Original Conveyance
The documents that creates an
estate.
Original Cost
For newly acquired
machinery not yet depreciated and
appraised within the year of its
purchase, refers to the actual cost of
the machinery to its present owner
(plus the cost of transportation,
handling and installation at the
present site). (Section 3, Presidential
Decree No. 464.)
Original Entry
The first entry of a series of
transactions which a merchant makes
in his account book.
Original Jurisdiction
That conferred on, or inherent
in, a court in the first instance.

The jurisdiction by a court to
hear a case at its beginning, and
conduct it in a judgment that will be
final unless appealed.
Original Package
The package in which goods
are packed, shipped, handled and
delivered in the course of their
transportation from one country to
another.
Original Paper
As used in Section 7 of Rule
48, Rules of Court: Refers to papers
that originals of which are of record in
the lower court, which the appellate
court may require to be transmitted
for inspection. But if the original
paper in question has not been
presented before the lower court as
part of its record, the same cannot be
transmitted on appeal under the said
section.
Original Stock
Or formative stock: That
issued by an existing and completely
organized corporation.
Or Otherwise Terminated
When the case against the
defendant is dismissed or otherwise
terminated without the express
consent of the defendant the dismissal
or termination of the case shall be a
bar to another prosecution for the
offense charged.
Orphan
A minor child that has lost
both his parents.
A minor child that has lost
one parent. In determining whether a
child may be admitted to an
orphanage or orphan asylum, such
half-orphans are frequently included.
Ossuary
In building law: The
interment space for bones of the dead.
Ostensible
Applied to something that
professes to be what it is not.
Ostensible Agency
The principal is bound by the
acts of his agent with the apparent
authority which he knowingly permits
the agent to assume, or which he
holds the agent out to the public as
possessing. The question in every case
is whether the principal has by his
voluntary act placed the agent in such
a situation that a person of ordinary
prudence, conversant with business
usages and the nature of the particular
business, is justified in presuming that
such agent has authority to perform
the particular act in question.
25
Ostensible Partner
A person not the member of a
partnership or firm, who permits the
use of his name as a general partner in
transactions with third persons. He is
liable, on the principle of estoppel, to
all who reasonably might conclude
that he is a general partner. He is also
referred to as a nominal partner.
Otherwise
In general: The word
"otherwise means but for, or under
other circumstances; in a different
manner; in another way, or in other
ways. (Cu Unjieng &Sons, Inc. vs.
Board of Tax Ap.!. peals, L-6296,
September 29, 1956)
Oust
To deprive a person of
property of which he is in possession,
rightfully or wrongfully.
Ouster
The deprivation or
dispossession of a person from
property of which he is in possession;
a wrongful dispossession.
Out of Court
Said of a person who has not
the legal right to conduct an action in
court.
26
Out of its Not Being Used
The phrase refers only to
property that has once been used in
the trade or business. (Consolidated
Mines, Inc. vs. Court of Tax Appeals,
58 SCRA 618)
Outrage
A wrong; the violation of a
right.
As a verb: To commit such a
violation or wrong.
Outstanding
An obligation which is due
and unpaid.
In corporation law: As applied
to issued capital stock it means stock
in the hands of shareholders and not
treasury stock.
Outstanding Capital Stock
In corporation law: The total
shares of stock issued to subscribers or
stock holders, whether or not fully or
partially paid (as long as there is a
binding subscription agreement),
except treasury shares. (ec. 137,
Corporation Code of the Philippines)
Over
 A term used to describe a gift
or limitation that comes into existence
on the termination of a previous
estate.
Overbreadth Doctrine
Decrees that "a governmental
purpose may not be achieved by
means which sweep unnecessarily
broadly and thereby invade the area
of protected freedoms." Estrada vs.
Sandiganbayan
Overdraft Line
Maximum amount which a
bank agrees to lend in a lump sum or
by several payments, and which may
be overdrawn by checks, bills of
exchange or drafts.
Overdraw
To draw checks on a bank for
a larger amount than the drawer has
on deposit there. Just as the bank
deposit is really a loan of money to the
bank, so the overdraft is a loan of
money to the depositor. Generally,
overdrafts are prohibited by bank
rules, and, under strict supervision of
bank practices, are forbidden by
statute as well.
Overdue
The condition of an obligation
or in negotiable instrument on the day
after it should have been satisfied or
paid.
Over Issued Stock
That on which the corporation
agrees to pay interest, but such a
contract is legal only when considered
as requiring payment for profits only.
Hence, it is really a preferred stock,
except perhaps that the discretion of
the directors to use profits for other
corporate purposes may be limited.
Overloading
The use of one or more
electrical appliances or devices which
draw or consume electrical current
beyond the de signed capacity of the
existing electrical system. (Fire Code
of the Philippines)
Overplus
Surpluses, or excess over a
given amount.
Overrule
By a court: To deny an
objection:
To refuse to abide by a prior
court decision, thus overturning its
authority as a precedent.
To disregard or make void.
Overseas Filipino Workers
27
 Overseas Filipino
Workers or OFWs are Filipinos who
are employed in foreign countries.
They travel abroad to seek better
opportunities in order to provide for
the needs of their families in
the Philippines. They are also known
as "Overseas Contract Workers"
(OCWs), since they work abroad
through a contract of several years
with their employer. Overseas Filipino
Workers (OFWs) used to be more
commonly referred to as Overseas
Contract Workers (OCWs). The term
OFWs was officially adopted under
the President Fidel V.
Ramos Administration to give
recognition to millions of Filipinos
who sacrifice by working in other
countries. The change, replacing
'Contract' with 'Filipino' - honors
these Filipino workers by pledging the
Philippine government's commitment
to their welfare wherever they may be,
and removing the pre-condition of
possession of contract in order for
Philippine consulates to come to their
aid, under the Migrant Workers and
Overseas Filipinos Act of 1995
(Republic Act 8042).
Overt Act
Any act which an observer
could notice. The term is applied to
the requirements of an acceptance of
an offer to make a contract, and also,
in criminal law, to that act which
constitutes the commission of a crime
28
or which evidences the existence of a
conspiracy.
Some physical activity or
deed, indicating the intention to
commit a particular crime, more than
a mere planning or preparation, which
if carried to its complete termination
following its natural course without
being frustrated by external obstacle
nor by the voluntary desistance of the
perpetrator, will logically and
necessarily ripen into a concrete
offense.
Over-The-Counter Transactions
In securities law: A
transaction not made on the floor of
the stock exchange but outside the
same and directly between the broker
and the customer.
Overthrow
The use of violent and other
illegal means.
Overtime Pay
Overtime is defined as work
performed beyond 8 hours in a work
day. A work day is also defined as a
24 hours period from the start of
work. So if an employee works from
8am to 4pm and then from 12am to
8am, even though there is a 8 hours
gap in between, it is still considered a
single work day. Therefore, overtime
premium shall apply.
 According to Article 87 of the
Labor Code of the Philippines, there
are 2 different overtime rates. The
overtime rate for a normal working
day in the Philippines is 25% plus the
employees regular wage. However, if
overtime time is performed on a rest
day or holiday, the overtime rate shall
be increased to 30% plus the
employees regular wage.
Owing
That which is unpaid, as a
debt.
Owner
A person entitled to the
privileges and rights of ownership
and subject to its obligations.
Owner-Manager
In land reform law: The
owner of a parcel of land devoted to
agricultural production who provides
the capital and management in the
farm enterprise.
Ownership
The independent right of
exclusive enjoyment and control of a
thing for the purpose of deriving
therefrom all advantages required by
the reasonable needs of the owner and
the promotion of the general welfare
but subject to the restrictions imposed
by law and the rights of others.
Owner's Risk
The risk, assumed by the
owner of merchandise in transit, that
the goods may be damaged or
destroyed.
Oxidizing Material
A material that readily yields
oxygen in quantities sufficient to
stimulate or support combustion. (Fire
Code of the Philippines)
Oyer
Fr. To hear; to demand a copy
of a document.
Oyer of a Deed
The hearing or inspection of
an instrument in open court which a
party to an action might demand,
whenever that instrument is made the
subject of a claim, or might serve the
interests of the demanding party.
Oyez
Fr. Hear ye. The cry used by a
crier or a clerk of court to secure
silence before the announcement that
the court is in session. It is usually
repeated three times.
29
 P
Package

A bundle made up for transportation;

a packet; a bale; a parcel; or that in
which anything is packed; a box, case,
barrel, crate, etc., in which goods are
packed; a container. (Caltex (Phil.),
Inc. vs. Manila Port Service, 17 SCRA
1073)

Pact

An agreement or contract; a solemn

agreement.

Pacta Sunt Servanda

Pacta Sunt Servanda is a fundamendal

maxim of international law that
requires the parties to keep their
agreement in good faith. Land Bank of

30
the Philippines vs Atlanta Industries,
Inc., 729 SCRA 12 (2014)
Lat. Agreement must be kept. It is an
age-old rule in international law
according to which every State must
execute in good faith the obligations
incurred by treaty.
Pacta Tertiis Nec Nocent Nec Prosunt
Lat. In International law: The basic
theory that treaties do not impose du-
ties upon, nor create rights in favor of,
States not parties to them.
Pactum
Latin word for ''agreement.''
Pactum Commissorium
Pactum Commissorium is among the
contractual stipulations that are
deemed contrary to law. It is defined
as a stipulation empowering the
creditor to appropriate the thing given
as guaranty for the fulfillment of the
obligation in the event the obligor fails
to live up to his undertakings, without
further formality, such as foreclosure
proceedings, and a public sale.
Philnico Industrial Corporation vs.
Privatization and Management Office,
733 SCRA 703. (2014)
It is a stipulation giving power to the
creditor to appropriate the thing given
as security, if the principal obligation
is not fulfilled without any formality,
such as foreclosure proceeding and
public sale.
Pactum De Contrahendo
In International law: An agreement by
a State to conclude a later and final
agreement. When these preliminary
agreements are expressed with suffi
cient precision, they create valid obli
gation.
Paid or Incurred
Paid or accrued: Should be construed
according to the method of accounting
upon the basis of which the net
income is computed. (Section 84(q),
National Internal Revenue Code)
Paid- Up Capital Stock
In Corporation law: That percentage
of the subscribed capital stock is paid
up. It is required to be at least 25% of
the total subscription (Sec. 13,
Corpora tion Code of the Philippines).
Paid-Up Insurance
A variation of life insurance policies: It
is a unilateral contract executory as to
the insurer but wholly executed as
to the insured. Here, the insured does
not have to pay any premium, but the
face value is reduced.
Paid-Up Stock
In Corporation law: It has been fully
paid for by its subscriber or purchaser.
31
Paid-Up Surplus
In Corporation law: It arises from the
sale of par value stock at a premium.
Pairing Judge
The authority of a pairing judge is to
take cognizance of matters of another
branch in case the presiding judge is
absent.
Paitic
Played by spinning two coins and
later covered with a coconut shell
while the coins are still moving and
the gam blers would bet whether the
coins would turn tails or heads and
the result of the game is determined
by pure luck because the winner or
the person who will guess will be
declared the winner. (People vs. Tan,
73 SCRA 288)h
Engagement on pakyaw or task
basis does not characterize the
relationship that may exist between
the parties, i.e., whether one of
employment or independent
contractorship. David vs. Macasio, 729
SCRA 67.
A distinguishing characteristic of
pakyaw or task basis engagement,
as opposed to straight-hour wage
payment, is the non-consideration of
the time spent in working. Id.
32
The payment of an employee on task
or pakyaw basis alone is insufficient to
exclude one from the coverage of
Service Incentive Leave (SIL) and
holiday pay. Id.
In determining whether workers
engaged on pakyaw or task basis is
entitled to holiday and Service
Incetive Leave (SIL) pay, the presence
(or absence) of employer supervision
as regards the workers time and
performance is the key. Id.
Paliuntod
Vis. A homemade gun. (People vs.
Sarip, 88 SCRA 666)
Panabas
A Muslim bolo. (People vs. Mago
nawal, 63 SCRA 108)
Panaksak
Tag. A stabbing i'lstrument. (People
vs. Estero, 91 SCRA 93)
Pandacan Oil Terminal
The Pandacan Oil depot remains a
terrorist target even if the contents
have been lessened. Social Justice
Society (SJS) Officers vs. Lim, 742
SCRA 1
It is the removal of the danger to life
not the mere subdual of risk of
catastrophe that we saw in and made
us favor Ordinance No. 8027. Id.
Panel of Arbitrators
The Panel of Arbitrators (POA) has
jurisdiction to settle disputes over
rights to mining areas. Narra Nickel
Mining and Development Corp. vs
Redmont Consolidated Mines Corp.,
722 SCRA 382.
It is clear that the Panel of Arbitrators
(POA) has exclusive and original
jurisdiction over any and all disputes
involving rights to mining areas. Id.
Pangapas
Tag. A reaping knife. (People vs.
Damaso, 86 SCRA 377)
Panic Hardware
A mechanical device consisting of
linkages and a horizontal bar across a
door, which when pushed from the in
side causes the door to open and
facili tates exit from a building,
structure or facility. (Rules and
Regulations Imple menting the Fire
Code of the Philip pines)
In building law: A bar which extends
across at least one-half the width of
each door itself, which will open the
door if subjected to pressure.
Panubli
The nearest equivalent in the Vis ayan
dialect to the concept of mejora or
betterment. (Estorque vs. Estorque, 33
SCRA 540)
Article 828, Civil Code, also considers
as mejora such bequest or legacy to a
child or descendant as cannot be in
cluded in the free portion, as long, of
course, as the strict legitime of the
com pulsory heirs is not impaired
thereby. (Ibid.)
Paper
i\ document or pleading.
Paper Money
Government notes and bank notes
circulating as medium of exchange in
place of gold or silver.
In a more extended sense, commercial
paper is accepted in payment of debts
and circulates for that purpose, may
be included in the term.
Paper Title
A title evidenced by conveyances or
similar documents which, however,
confer no substantial right, either be
cause the property has become value
less or because a paramount title
exists which could oust any claim
under these conveyances.
Par
The established value of the mone tary
circulating unit of a country in terms
of a metal standard, like a de finite
weight of gold or silver of a cer tain
33
fineness. This is especially indi cated
by a comparison between the cur
rency of other countries using the
same standard.
Equally between the market and
nominal value of securities of stocks
or bonds, so that a certificate of stock
with the face value of Pl 00 will be
sold at par for PlOO or above or below
par if it is sold for more or less.
Paraffin Test
A forensic test to indicate whether a
person has recently fired a gun, in
which the person's hand is coated in
hot paraffin wax which cools and sets
and is peeled off and tested for the
presence of residue from the gun.
Paralysis of Both Legs
The permanent, total paralysis of
both legs suffered by the herein appel-
lant is equivalent to loss of both legs,
since he will obviously be bedridden
for the rest of his natural life. Besides,
the amputation of both legs would
not in any way alter the result, as the
loss of the use of both legs has been
diagnosed in his case by the attending
physician as a disability for life.
(Panaton vs. Ma layan Insurance Co.,
Inc., 59 O.G. 749)
Paramount
A general term applied to a superior
title to property of which the holder
34
can oust the title created by a
particular conveyance.
Paramour
One who loves or is loved illicitly; one
taking the place without the legal
rights of a husband and wife;
mistress-called also lover. (Fernandez
vs. Lantin, 74 SCRA 338)
Paraphernal
In civil law: All the property which a
woman possesses when she is married
and which is not made part of her
dowry.
Paraphernal Property
Any property which is brought by the
wife to the marriage as her own; or
which she acquired during the
marriage by lucrative title, or which is
acquired by right of redemption or by
exchange with other property
belonging exclusively to her, or which
is purchased with her own exclusive
money. (Article 135, in relation to Art.
148, New Civil Code)
All property brought by the wife to
the marriage, as well as property pur
chased by her with funds received
from her parents. (Article 135, New
Civil Code)
Property inherited by the wife, as
well as property purchased by her
with funds received from her
parents, are paraphernal. (Alvaron
vs. Marquez, 11 Phil. 263;
Mirasol vs. Lim, 59 Phil. 701; Veloso
vs. Avila, 60 Phil. 208)
Parcel
A section or part of landed property.
Parchment
Sheepskin prepared for writing.
Pardon
To absolve the penalty of a crime. The
power of granting pardons in the
Philippines is vested in the President.
It applies to all cases of conviction
except impeachments. Not
uncommonly, the case with reasons
for granting a pardon are presented
along with evidence and argument
before a pardoning board which
makes a favorable or unfavorable
recommendation to the executive who
usually acts in accordance with such
re commendation.
A pardon protects the criminal from
the offense pardoned but from no
other. It has been held that a pardon
of assault and battery which
afterwards became murder by the
dying of the person beat en will not
operate as a pardon of murder. For the
most part the pardon restores the
person to all his rights. It does not,
however, restore his civil capacity nor
will it affect the status which other
persons have rightfully acquired by
reason of the commission of the crime
or the imprisonment; for example, if a
wife has obtained a divorce as a result
of the commission of the crime or of
the imprisonment of her husband, the
status will not be changed by the
pardon.
It is an act of grace proceeding from
the power entrusted with the
execution of the laws which exempts
the individ ual on whom it is
bestowed from the punishment the
law inflicts for the crime he has
committed.
Kinds of pardon: (a) Absolute pardon
and (b) Conditional pardon.
A pardon, whether absolute or condi
tional, is in the nature of a deed, for
the validity of which delivery is an
indis pensable requisite. Until
accepted. all benefits to the grantee
may be cancel led. But once accepted
by the grantee, the pardon already
delivered cannot be revoked by the
authority which granted it.
Parens Patriae
Lat. Father of his country.
The term is applied to the state, to
justify the intervention of public
authority to protect children or
incompetent persons generally.
Doctrine of: A doctrine which refers to
the inherent power and authority of
the state to provide protection of the
35
person and property of a person non
sui juris. Under that doctrine, the state
has the sovereign power of
guardianship over persons under
disability. Thus, the state is considered
the parens patriae of minors. (Vasco
vs. Court of Appeals, 81 SCRA 762)
Parental Authority
Parental Authority over minor
children is lodged by Art 176 on the
mother. Since parental authority is
given to the mother, then custody over
the minor children also goes to the
mother, unless she is shown to be
unfit. Grande vs. Antonio, 716 SCRA
698 [2014]
View that as a natural right,
parental authority is recognised as an
inherent right, not created by the State
or decisions of the courts, but derives
from the nature of the parental
relationship. Imbuing vs. Ochoa, 721
SCRA 146 [2014]
It is known in the Roman Law as pat
ria potestas.
The mass of rights and obligations
which parents have in relation to the
person and property of their children,
until their majority age or emancipa
tion, and even after this uncertain cir
cumstances. (Luna vs. Intermediate
Appellate Court, 137 SCRA 7.)
Parental Consent
36
The rule on parental consent is found
under Article 14 of the Family Code. It
states that in case either or both of the
contracting parties are between the
ages of eighteen and twenty-one, they
shall exhibit to the local civil registrar,
the consent to their marriage of their
father, mother, surviving parent or
guardian, or persons having legal
charge of them, in the order
mentioned.
The parental consent shall be
manifested in writing by the
interested party, who personally
appears before the proper local civil
registrar, or in the form of an affidavit
made in the presence of two witnesses
and attested before any official
authorized by law to administer oaths.
The personal manifestation shall be
recorded in both applications for
marriage license, and the affidavit, if
one is executed instead, shall be
attached to said applications.
Non-compliance with the requirement
of parental consent does not make the
marriage invalid or void but merely
annullable, which means that the
marriage is valid until annulled. As a
result, a petition for the annulment of
the marriage may be filed by the
parents, guardian or person having
substitute parental authority over the
party seeking the annulment, in that
order, unless after attaining the age of
twenty-one, such party freely
cohabited with the other and both
lived together as husband and wife.
(http://www.abogadomo.com/law-
professor/law-professor-
archives/parental-consent-vs-parental-
advice)
Parental Rights
The following are the rights and
duties of parents with respect to their
unemancipated children or children
below 18 years of age as provided
under Articles 220, 221, and 225 of the
Family Code of the Philippines:
To keep them in their company;
To support, educate, and instruct
them by right precept and good
example;
To provide for their upbringing in
keeping with their means;
To give them love and affection,
advice and counsel, companionship
and understanding;
To provide them with moral and
spiritual guidance;
To inculcate in them honesty,
integrity, self-discipline, self-reliance,
industry, and thrift;
To stimulate their interest in civic
affairs;
To inspire in them compliance with
the duties of citizenship;
To enhance, protect, preserve, and
maintain their physical and mental
health at all times;
To furnish them with good and
wholesome educational materials;
To supervise their activities,
recreation, and association with
others;
To protect them from bad company;
To prevent them from acquiring
habits detrimental to their health,
studies, and morals;
To represent them in all matters
affecting their interests;
To demand from them respect and
obedience;
To impose discipline on them as may
be required under the circumstances;
To be civilly liable for the injuries and
damages caused by the acts and
omissions of their unemancipated
children living in their company and
under their parental authority subject
to the appropriate defenses provided
by law;
To jointly exercise legal guardianship
over the property of their
unemancipated common children
without the necessity of a court
appointment;
To perform such other duties as are
imposed by law upon parents
The relationship between the parents
and their minor children naturally
gives rise to various rights and
obligations affecting the welfare of,
and the parents control over, the
child. Some of these are recognized in
law. Other have only a moral sanction.
Parental duties, it is said, are not
always legal duties, and the law
cannot inquire in every case how
fathers (and mothers) have fulfilled
their duties (59 Am. Jur. 91 as
mentioned in Sta. Maria, 2004).
Nevertheless, the above rights and
duties of husband and wife with
respect to their unemancipated
children together with their rights and
obligations between themselves as
husband and wife under Articles 68 to
71 of the Family Code of the
37
Philippines are relevant in
determining whether or not either of
the spouses is psychologically
incapacitated to comply with the
essential marital obligations of
marriage. Under Article 36 of the
Family Code, a marriage contracted
by any party who, at the time of the
celebration thereof, was
psychologically incapacitated to
comply with the essential marital
obligations of marriage shall be VOID,
even if such incapacity becomes
manifest only after its solemnization.
(https://juanknows.wordpress.com/20
14/08/07/family-law-rights-and-duties-
of-parents-to-their-unemancipated-
children/)
Parent and Child
At the common law: There could be
no relation of parentage except of legi
timate children.
In general: The parentage of the
mother in the case of illegitimacy was
always acknowledged, and, upon
legiti mation, the father had the
responsibili ties and rights of a parent,
whether or not he was married to the
mother.
Parent Corporation
Or holding corporation: It is one
which is so related to another corpora
tion that it has the power either
directly or indirectly through another
corpora tion -Or series of
38
corporations, to elect a majority of the
directors of such other corporation.
Parenticide
A person who kills his parent. Killing
of a parent.
Parents
Father and mother. Resemblance to a
parent furnishes at least some
evidence of paternity and in most
places it is per missible to exhibit the
child and the al leged parent to the
judge to assist in de termining the
question, particularly if the child has
passed mere babyhood with its
known immaturity of features. Blood
tests to determine paternity are also
often used.
The natural father or mother of a
child. Ordinarily, the term does not
include adoptive parent or step-
parent. The word ''ancestor'' is used to
refer to remote as well as immediate
ancestors.
Pares
The term for "peers" or "equals", In
the phrase ''trial by one's peers'' or in
Latin "judicium parium." All th
1nen who were vassals of the same
lord form his homage and constituted
his court. They were, accordingly,
called ''pares curiae,'' ''peers of the
court.''
Pari
Lat. With equal, or in equal.
Parigdig
Pang.: Constitutes two (2) identical
structures 12 meters apart. Each struc
ture is composed of two parallel posts,
5 rows of posts parallel to each other,
on top of which are joined bamboo
rail ing similar to raft. Between these
two structures, a fishing net is hanged
with a circumference of 50 meters,
more or less, attached to four posts
equipped with ropes and pulley to
enable the net to be raised or lowered
at will. (Landi ngin vs. Gacad, L-
12659, October 28,
1960)
Pari Delicto, In
Lat. In equal guilt. The ablative case of
the Latin phrase ''par delictum''. It is
used when a person who has partici
pated in a wrong or in an act contrary
to public policy, sues to recover on a
con tract or a tort founded on that
wrong; as the attempt to recover
money paid on a wager, or as a
commission for arranging a marriage,
or for a breach of con tract involving
illicit or immoral consideration.
Pari Materia, In
Lat. On the same subject.
Statutes dealing with the same sub ject
are said to be "in pari materia", and
may be used as an aid in statutory
interpretation of each other.
Par In Parem Non Habet Imperium
Lat. An equal has no authority over
an equal.
In international law: No State can
claim jurisdiction over another. This is
only of the consequences which flow
from the doctrine of equality of States.
Pari Passu
Lat. With equal step; on equal footing
Equally and to the same degree. To
share 'pari passu" means to share
without preference.
Pari Ratione
Lat. For like reason.
Parish
In the Roman Catholic Church: A
division presided over by a priest, not
bounded as a rule by territorial limits
but constituted of the worshippers in
a particular church.
Parity
Equality; used particularly with res
pect to foreign exchange.
Park
39
As a noun: A public ground, of great
er or smaller size, kept for purposes of
ornament and public recreation.
As a verb: To station automobiles
along the sides of public streets or in
places adjacent to public street. It is
generally more than a momentary or
temporary stopping. Parking is subject
to strict regulation by municipal or
city ordinances and violation of these
ordi nances is generally a
misdemeanor, The leasing of space in
vacant lots to drivers for a
consideration is somewhat akin to
stabling horses, but the liability varies
with the specific contract m ;tde,
generally by placards in the lot itself,
or on the .ticket giving the license to
park.
Parking
The stationing of automo biles, trucks,
jeepneys, etc.
The term "parking'' ordinarily implies
something more than a mere tem
porary and momentary stoppage at a
curb for the purpose of loading and
un loading passengers or
merchandise. It involves the idea of
using a portion of the street as storage
space for an auto mobile. (City of
Ozamis vs. Lumapas, 65SCRA43)
Parking Or Parked
A motor vehicle is ''parked'' or ''par
king'' if it has been brought to a stop
on the shoulder or proper edge of a
high way, and remains inactive in that
40
place or close thereto for an
appreciable period of time. A motor
vehicle which properly stops merely
to discharge a passenger or- to take in
a waiting pas senger, or to load or
unload a small quantity of freight
with reasonable dis patch shall not be
considered as ''park ed'', if the motor
vehicles again moves away without
delay. (Article II, Section 3[eJ, Land
Transportation and Traffic Code.)
Parliament
In Great Britain: The parliament is the
legislative branch of the Government.
It is composed of the House of Lords
and the House of Commons. The
House of Lords consists, first,.of the
two Archbishops and all the Bishops
of the Anglican Church; and,
secondly, of noblemen with hereditary
titles of ba ron or higher, who are the
''peers of the realm.'' Those whose
titles. are exclu sively in the peerage of
Scotland elect a representative peer to
sit in the House of Lords. A few
judges or ex-judges hold life peerages.
The Lords are sum moned by writs
addressed to them by name.. The
House of Commons consists of
members elected by almost universal
suffrage and secret ballot in the
various constituencies of England,
Wales, and Scotland. The presiding
officer of the House of Lords is the
Lord High Chancellor who is a
member of the Cabinet. The presiding
officer of the House of Commons is
the Speaker, elected by the House
itself.
U three
The Head of the entire Parliament is
the sovereign, who in theory shares in
the legislative power, since all Acts of
Parliament are in form his enactments.
In fact, however, the sovereign has
never refused his assent since the
reign of Queen Anne. Further, the
share of the House of Lords in
legislation has been much reduced by
recent statutes, and for nearly all
important issues is merely suspensive.
Legislative power is consequently, in
practice, almost exclusively in the
hands of the House of Commons.
A parliament duly summoned will
last for five years, unless it is
dissolved before that time. It will
almost always be dissolved, if the
governing ministry or cabinet, whose
members all have seats in Parliament,
are defeated in a vote which can be
construed as a vote of no confidence.
And Parliament may, by its own acts,
continue its existence beyond the five-
year limit.
The term "omnicompetent" has been
devised instead of the excessive term
''omnipotent'', to express the
practically unlimited power of the Bri
tish Parliament. There are now no con
stitutional limitations that would
make ari Act of Parliament, duly
passed, void. by reason. Custom, is,
however, an effective check against
many of the abuses of power which,
in the United States as well as the
Philippines, are prohibited by a
written Constitution de limiting the
separate govern mental
functions.
The history of the English Parliament
is of the highest importance in the de
velopment of free institutions. The
term is derived from-the Latin word
"parlia mentum" (Fr. parlement),
which properly means a ''conference.''
It was at first applied to the conference
itself, rather than to the body which
the conference was held, which was
the feudal ''Grand Council of the
Realm,'' i.e., the chief tenants of the
King, the ''mag nates" or greater
barons, whose as sent, on feudal
theory, was necessary for any change
in the established customs, and in the
imposition of subsidies for general
purposes, and who acted as a court
when one of their members was
charged with a feudal offense. This
Great Council included the prelates of
the Church in their capacity as feudal
lords.
During the thirteenth century re
presentatives of the towns and of the
smaller landed proprietors were
irregularly required to be present at a
parliament to give advice on the
collection of subsidies and were heard
on petitions for the redress of
grievances. Out of this practice the
House of Commons arose, but it was
not organized as a separate "house",
nor did it become an integral part of
Parliament-already thought of as a
body- till well in the fourteenth
century. It increased in importance
during the Wars of the Roses during
41
the fifteenth century and shared in the
eclipse of Parliament during the Tudor
period. It was in the seventeenth
century under the Stuarts that the
House of Commons rapidly rose into
a predominant position which, in the
last fifty years, has made it in effect
the only power in the state. The House
of Commons was, despite its name, an
aristocratic rather than a popular
body, till the various broadenings of
the elec torate, beginning with the
Reform Bill of 1882, have turned it in
the fullest sense into a body
representing the en tire people.
The full title of Parliament, "High
Court of Parliament,'' is maintained by
the fact that the House of Commons
has a certain amount of judicial power
and that the House of Lords exercises
formal appellate jurisdiction in all
cases.
The term ''Estates of the Realm'',
applied to the medieval parliaments,
largely by a transfer of European
term inology, never really described
the English system, since the three
"estates", i.e., clergy, nobility, com
monalty, which in France and else
where sat in three separate "houses"
and spoke separately for the members
of their class, did not sit separately in
England, although the clergy of the
two Church provinces had
parliaments for ecclesiastical purposes
called ''Con vocations. ' '
Most modern European nations, after
the French Revolution, establish
42
parliaments on the English model,
con sisting of a ' 'lower house' '
-different names in the different
states-and an ''upper house,'' also
called by different names. In imperial
Germany and Aus tria it was called
the ''house of lords'' herrenhaus. The
lower house was and is usually
elected by popular suffrage.
In the Philippines: The most signi
ficant change in the 1973 Constitution
as originally framed was the shift
from the Presidential system of
government under the 1935
Constitution to a modi fied
parliamentary system, similar in a
number of respects to the British. It
did not last long. As amended in April
of 1981 and lately in January of 1984,
there is a return to the presidential
sys tem. Some writers say this is the
Philip pine version of parliamentary
system of government, while others
say, French version, the parliament
introduced by Charles de Gaulle when
he was made premier in 1958 with
power to rule by decree. He had a new
constitution drawn up, was elected
president late in the year.
Along with the President, there is a
Prime Minister. It is the President,
who is the head of state and chief
executive of the Republic of the
Philippines. He has a cabinet, to be
composed of Minis ters who are his
appointees. He nomi nates the Prime
Minister, the head of the Cabinet,
from among the Members of the
Batasang Pambansa, to be elect ed by
a majority of all the members thereof.

The legislative power is vested in a
unicameral body, the Batasang
Pam- bansa. This was ,originally
provided in the 1935 Constitution,
there was like wise a one-chamber
legislature then called the National
Assembly. As amended in 1940, a
Congress of the Philippines, a
bicameral body consist ing of a Senate
and a House of Repre sentatives, was
established.
Under the present Constitution the
Batasang Pambansa shall be
composed of not more than two
hundred members unless otherwise
provided by law. It shall include
representatives elected from the
different provinces with their
component cities, highly urbanized ci
ties as may be declared by or pursuant
to law, and districts in Metropolitan
Manila, those elected or selected from
the various sectors as may be
provided by law, and those chosen by
the President from members of the
Cabinet. The 1973 Constitution
originally provided for representation
by region. The 1935 Constitution
apportioned the member ship of the
House of Representatives to provinces
also.
Each district in Metropolitan Manila
shall comprise, as far as practicable,
contiguous, compact, and adjacent ter
ritory. The elective representatives
shall be apportioned by law among
the provinces with their component
cities, highly organized cities, and the
dis tricts of Metropolitan Manila in
accord ance with the number of their
respec tive inhabitants and on the
basis of a uniform and progressive
ratio. How ever, the provinces with
their compo nent cities and highly
urbanized shall have at least the same
total number of representatives as
under the 1935 Con stitution.
The present Constitution further
provides that the manner of the
election. of the representatives, as well
as the number of representatives from
each sector and the manner of their
election or selection shall be
prescribed or provided by law.
The speaker: The speaker is elected by
the majority vote of all the members of
the Batasang Pambansa from among
its elected provincial, city, and district
representatives. Such other officers, as
the Batasang Pambansa may deem
nec essary' shall also be chosen by
them.
Under the 1935 Constitution, the
Senate elected its Senate President,
and the House of Representatives, its
Speaker. The President of the country
was elected by the entire electorate.
Composition of the Cabinet: The
actual running of the governmental
ma chinery is in the hands of the
Cabinet, subject, of course, to the
control of the President. The Cabinet
is comp()$ed of Ministers with or
without portfolio, who are appointed
by the President. At least a majority of
43
them are chosen from among the
provincial, city, or district
representatives of the Batasang
Pambansa.
Heading the Cabinet is the Prime
Minister. Upon nomination by the
Pres ident from among the members
of the Batasang Pambansa, he shall be
elected by a majority of all the
members thereof.
The Prime Minister and the Cabinet
shall be responsible to the Batasang
Pambansa for the program of the gov
ernment. They are charged its enforce
ment and adn1inistration. The Prime
Minister, as the head, is assisted by his
Cabinet in carrying out the program
of government. The Cabinet thus
plays a vital role in administration.
Parliamentary Law
In England: The body of regulations of
procedure which have become gen
eral in most deliberative bodies
throughout the world. They are based
on the practice developed in the Eng
lish House of Commons. Several
manuals of parliamentary law, such as
Cushing's Manual and Robert's
Rules of Order, which more precisely
define procedure, are current in the
United States and the Philippines, and
often adopted officially by public and
private groups.
Parliamentary Procedure
44
The procedure and rules adopted to
govern the conduct of the business of
a legislative or other deliberative
group.
Parol
The French word for "word." Pl.
"parols." Law Fr. "parolx."
Parol Contract
At common law: Any contract not un
der seal, whether reduced to writing
or not.
Generally, today, a parol contract is
one not in writing, or only partly so,
and is now more generally called oral
con tract.
Parole
A conditional release of a prisoner
with an unexpired sentence. It is a
sus pension of sentence, not a
remission thereof.
The release of a person from prison
subject to his compliance with
specified conditions, and upon the
violation of which he may be
recommitted to prison.
A conditional release from prison. The
condition being that if the prisoner
fulfills the requirements of his parole,
he will be given an absolute discharge;
if he fails to fulfill the terms of the pa
role, he may be returned to prison to
serve out the unexpired term.
Parol Evidence
Oral or verbal evidence, that which is
given by word of mouth; the ordinary
kind of evidence, given by witnesses
in court. In a particular sense, and
with reference to contracts, deeds,
wills, and other writings, parol
evidence is the same as extraneous
evidence or evid ence aliunde.
Application: Parol or extrinsic evi
dence is not admissible to add to, sub
stract from, vary or contradict, judicial
or official records or documents, or
written instruments which dispose of
property or are contractual in nature,
and which are valid, complete,
unambi guous and unaffected by
accident or mistake.
Parol Evidence Rule
A rule of evidence which prohibits the
receipt of parol evidence to contra
dict, add to or vary the terms of a
writ ten agreement.
When the terms of an agreement have
been reduced to writing, it is to be
considered as containing all such
terms, and, therefore, there can be be
tween the parties and their successors
in interest, no evidence of the terms of
the agreement other than the -contents
of the writing, except in certain cases.
(Section 7, Rule 130, Revised Rules of
Court)
The so-called "parol evidence" for bids
any addition to or contradiction of the
terms of a written instrument by
testimony purporting to show that, at
or before the signing of the document,
other or different terms were orally
agreed upon by the parties.
The right of a valid contract is, of
course, a condition precedent to the
ap plication of the rule. It is a principle
that, ''in order to exclude oral
evidence of a contract, it must he first
estab lished that there is a subsisting
written contract between the parties;
and where the immediate issue is
whether there is or was a writing
covering the contract, it is not
competent to exclude oral testimony
bearing on that issue upon n
assumption of such writing. To do so
IS to beg the question.
It is a cardinal rule of evidence not one
of technicality but of substance, which
it is dangerous to depart from, that
where written documents exist they
shall be produced as being the best
evidence of their own contents.
It is likewise a general and most in
flexible rule that wherever written in
struments are appointed, either by the
requirements of the law, or by the
compact of parties, to be the
repositories and memorials of truth
any other evidence is excluded from
being used either as a substitute for
45
such instruments, or to contradict or
alter them. This is a matter both of
principle and policy; of principle,
because such instruments are in their
nature and origin entitled to a much
higher degree of credit than parol
evidence, of policy, be cause it would
be attended with great mischief, if
those instruments upon which men's
rights depended were liable to be
impeached by loose collat eral
evidence. Where the terms of an
agreement are reduced to writing, the
document itself, being constituted by
the parties as the expositor of their in
tentions, is the only instrument of evi
dence in respect of that agreement
which the law will recognize, so long
as it exists for the purpose of evidence.
Reason for the rule: The parol evi
dence rule is a reasonable and most
salutary one, and it should be strictly
adhered to. It is founded on
experience and created by necessity;
and it is de signed to give certainty to
a transaction which has been reduced
to writing by protecting the parties
against the doubtful veracity of
interested, and the uncertain memory
of disinterested wit nesses. The rule is
founded on the long experience that
written evidence is so much more
certain and accurate than that which
rests in fleeting memory only, that it
would be unsafe, when parties have
expressed the terms of their contract
in writing, to admit weaker evidence
to control and vary the stronger and to
show that the parties in- tended a
different contract from that expressed
in the writing signed by them. It is
46
obvious that written instruments
would soon come to be of little value if
their explicit provisions could be
varied, controlled, or superseded by
parol evidence, and it is also plain that
a different rule would greatly increase
the temptations to commit perjury;
and courts have expressed regret that
in their anxiety to avoid possible
injustice in particular cases, they have
been gradually construing away a
principle which has always been
considered one of the greatest barriers
against fraud and perjury.
The reason for the rule is that when
the parties have reduced their
agreement to writing, it is presumed
that they have made the writing the
only re pository and memorial of the
truth, and whatever is not found in
writing must be understood to have
been waived and abandoned except in
certain cases.
Parol Gift
A voluntary transfer of property with
out consideration. The gift may be
either personal property, land or real
estate. Where one declares that he
gives and identifies so that it may be
clear what land is meant and
included, and the done upon faith of
the declar ation enters into possession
and im proves it, this will give him
title by what is termed parol gift, for it
would be in equitable that he should
spend his money upon the faith of the
gift and that it should be afterwards
taken from him. Such a gift, however,
cannot take effect as against the rights
of third par ties, such as creditors of
the donor, whose right already existed
at the time the gift was made.
Parricide
Parricide is committed when: (1) a
person is killed; (2) the deceased is
killed by the accused; (3) the deceased
is the father, mother, or child, whether
legitimate or illegimate, or a legitimate
other ascendants or other
descendants, or the legitimate spouse
of the accused. People vs. San Gaspar,
720 SCRA 409; People vs. Zapata, 730
SCRA 312.
Article 246 of the Revised Penal Code
provides that the penalty for the crime
of Parricide is Reclusion Perpetua to
Death. People vs. San Gaspar, 720
SCRA 409
Pars Rationabilis
Lat. Reasonable doubt.
Part
A portion or share of a whole.
The portion of the personalty (gene
rally one-third) which, by custom, was
at one time set aside for the wife and
children of a decedent, and of which
he, therefore, could not dispose by
will. This rule was abrogated for the
com mon law by later statutes of
distribu tion, but was retained in
certain local customs.
Any article designed or manufac tured
for the special purpose of being used
as, or to replace, a component part of
such vehicle, and which reason of
some characteristic is not such a
commercial article as ordinarily
would be sold for general use, but is
primarily adapted for use as a
component part of such vehicle.
(Collector of Internal Revenue vs.
Rodriguez, Jr., 1SCRA 766)
In law of taxation: The term ''part'' is
any article designed or manufactured
for the special purpose of being used
as, or to replace, a component part of
such vehicle, and which by reason of
some characteristic is not such a com
mercial article as ordinarily would be
sold for general use, but is primarily
adapted for use as a component part
of such article. (Collector of Internal
Revenue vs. Rodriguez, L-12783,
March 25, 1961)
Particeps Criminis
Lat. An accomplice or partaker in the
crime; A participant in the crime.
A person guilty of a crime as an ac
complice, rather than an accessory.
Participating Policy
A variation of life insurance policies;
Holder is entitled to dividends.
Particular Average
47

In code of commerce: All damages
and expenses caused to the vessel or
cargo which have not inured to the
common benefit and profit of all per
sons interested in the vessel or cargo.
All the expenses and damages
caused to the vessel or to her cargo
which have not inured to common
benefit. These include ( 1) Damages
and expenses due to deterioration of
hull and equipment; (2) Damages to
goods to inherent defect or force
majeure; ( 3) Damage suffered by
goods loaded on deck except in
coastwise navigation if the marine
ordinances allow it; (4) Wages and
provisions for the crew in case of
detention or embargo, force majeure if
charter is for fixed sum; (5) The
necessary expenses on arrival at port,
in order to make repairs or secure pro
visions; ( 6) The value of the goods
sold by the captain in case of arrivals
under stress; (7) The victuals and
wages of the crew while the vessel
is quarantined;
(8)Damages to vessels and cargo in
accidental collisions; and (9) Damages
and losses to cargo through the fault,
negligence, or barratry of the captain
or the crew.
Person who bears the expenses for
particular averages: Expenses for part
icular averages shall be borne by the
owner of the goods or ship as the case
may be.
Particularization
48
The rule that ''particularization fol
lowed by a general expression will
ordinarily be restricted to the former''
is based on the fact in human
experience that usually the minds of
parties are addressed specially to the
particularization, and that the
generalities, though broad enough to
comprehend other fields if they stood
alone, are used in contemplation of
that upon which the minds of the
parties are centered. (Em pire
Insurance Company vs. Rufino, 90
SCRA 437)
Particularization Followed By a
General Expression Will Ordinarily
Be Restricted To The Former
This rule is based on the fact in hu
man experience that usually the
minds of parties are addressed
specially to the particularization, and
that the generali ties, though broad
enough to com prehend other fields if
they stood alone, are used in
contemplation of that upon which the
minds of the parties are centered.
(Empire Insurance Company vs.
Rufino, 90 SCRA 436)
Particular Lien
A lien which attaches to particular
property for work done with respect
to it.
General lien: A right to retain proper
ty of a debtor to secure debts due on a
general account.
Particular Partnership
Concept of: A particular partnership
has for its object determinate things,
their use or fruits, or a specific under
taking, or the exercise of a profession
or vocation. (Article 1783, Civil Code)
Particular Tenant
The owner of a particular estate.
Partidas, Las
Or las siete partidas: Sp.: The seven
divisions.
A statement of the laws of the King
dom of Castile, first drawn up in 1260
by Alfonso X, but not given statutory
force till the decree of Alcala by the
lat ter's great grandson, Alfonso XI, in
1338. It is in effect a code, and became
one of the chief sources of Spanish law
both for Spain itself and the colonies
in the orient (Philippines), North and
South America (The Indies), till the
adoption of the modern Spanish code.
It was therefore an integral part of the
law of Spanish American, including
Mexi co, at the time of the revolt from
Spain in 1821, and consequently of
substan tial importance in tracing
legal doc trines in those countries as
well as in those of the American states,
formerly a part of Mexico, especially
Texas and California.
Partition
Where lands belong to two or more
co-heirs or co-owners, each of them is
entitled to have a partition or division
of the land. The partition may be
voluntary and by mutual agreement
which may be effected by mutual
conveyances or releases to each person
of the share which he takes under the
agreement, executed by the other
owners. Where the parties cannot
agree, application may be made to a
proper court by any one interested to
effect a partition or division of the
property, or to enable one or more to
take the property at a valuation, he or
they paying the others an equitable
amount of money in place of their
shares. Another method is to secure a
sale of the property and a distribution
of the proceedings. Such proceedings
are usually regulated by the statutes
of the various countries.
A division between two or more per
sons of real or personal property
which they own as co-parceners, joint
tenants, or tenants in common,
effected by the setting apart of such
interests so that they may enjoy and
possess it in sever alty, or by a sale of
the whole and the awarding to each of
his share of the proceeds.
Partition, in general, is the separation,
division and assignment of a thing
held in common among those to
whom it may belong. The thing itself
be divid ed or its value.
Classes of partition: (1) Voluntary
partition is a division of the property
by the act of the parties themselves
49
and (2) Compulsory partition is a
partition by judicial proceedings at the
instance of one or more of the co-
tenants without regard to the wishes
of the other co tenants.
In general, is the separation, division
and assignment of a thing held in
com mon among those to whom it
may be long. The thing itself may be
divided. (Article 1079, Civil Code)
The separation, division and assign
ment of things held in common,
among persons to whom they belong.
Kinds of partition: (1) Total or partial-
Partition is total when all the things
are divided among the participants; it
is partial when some of the things are
divided, the rest remaining in
community ownership.
(2)Provisional or definite-Partition is
provisional when it is temporary or
conditional (Article 1084), that is, until
a final or definite division is made; de
finite, when the division resulting is
permanent, final and absolute.
(3)Judicial or extrajudicial-Judicial
partition takes place when the court
in tervenes and approves the division
(Rules 90 and 69, Rules of Court); but,
the division may be made by the tes
tator himself, or by some person
named by the deceased or amicably
by the in terested heirs (Rule 74,
Section 1) by common agreement. In
the latter cases, it is extrajudicial.
One of the reasons in the delay of dis
tributing the estates of deceased is the
misconception of the meaning of "par
50
tition." While this word connotes divi
sion, physical division is not
necessarily meant. Ideal division
resulting in the co-ownership (pro-
indiviso, or undi vided) among the
heirs in accordance with their
proportionate shares is as much a
partition or distribution of the estate
as physical division. Perhaps,
"adjudication" and "settlement" are
better terms.
Reason for partition: Co-ownership or
community of property (Article 484) is
not favored by the Civil Code. Upon
the death of the testator, all the heirs
become co-owners of the hereditary
es tate, and a co-owner has the right to
demand the division or partition
thereof at any time (Article 494),
although an agreement among them
for a specified period not exceeding
ten years is valid, which may be
extended by a new agreement (Article
494, par. 2).
The common property should be
divided into lots with equality, or
things of the same nature, quality and
kind as signed to each co-heir (Article
1086). But if the property is legally
indivisible, it may be adjudicated to
one heir upon payment of the excess
in cash or the property may be sold
at public auction and the proceeds
divided (Article 1086; see also Article
498 and Articles 912- 913).
In building law: An interior subdivid
ing wall.

Partitione Facienda, De
Lat. Concerning making a division.
Partner
A member of a partnership.
Partnership
A partnership is defined
as two or more persons who
bind themselves to contribute
money, property, or industry to
a common fund with the
intention of dividing the profits
among themselves. Narra Nickel
Mining vs. Redmont Consolidated,
722 SCRA 382 [2014]
A partnership is defines as two or
more persons who bind themselves to
contribute money, property or
industry to a common fund with the
intention of dividing the profits
among themselves. Narra Nickel
Mining and Development Corp. vs.
Redmont Consolidated Mines Corp.,
722 SCRA 382.
A legal relation based upon the ex
press or implied agreement of two or
more competent persons whereby
they contribute their money, property,
labor or skill to a common fund for the
pur pose of carrying on some lawful
busi ness as principals for their joint
profit. (Art. 1767, New Civil Code)
An association of two or more per
sons to carry on as co-owners a busi
ness for profit.
The definition of a partnership does
not include religious associations, con
jugal partnerships and others of a
simi lar nature because a partnership
as de fined by law (Article 1767, Civil
Code) refers only to associations the
purpose of which is to obtain profits
to be distri buted among the partners.
Moreover, a partnership is created by
the express or implied agreement or
contract of the parties, whereas
religious societies, conjugal
partnerships and others not
comprised in this definition are not
the outcome or the result of
agreements or contracts.
The definition refers to "profits" only
and is silent as to "losses." The reason
for this is that the object of a
partnership is primarily the sharing of
profits, while the distribution of losses
is but ''a consequence of the same.''
The most important obligation of a
partner is to contribute to the common
' fund what he has promised to
contribute thereto. Each partner
becomes a debtor of the partnership
from the time of the celebration of the
contract, un less otherwise provided.
(Article 1786, Civil Code)
Concept: By the contract of partner
ship two or more persons bind them
selves to contribute money, property,
or industry to a common fund with
51
the intention of dividing the profits
among themselves. Two or more
persons may also form a partnership
for the exercise of a profession (Article
1767, Civil Code). The partnership has
a juridical personality separate and
distinct from that of the partners even
in case of fail ure to record the articles
of partnership with the Securities and
Exchange Com mission (Article 1768).
Characteristics of partnership: Part
nership is ( 1) Consensual- because it
is perfected by the mere consent of the
parties (Article 1767) and hence it be
gins from the moment of the execution
of the contract (Article 1784) which
can be in any form (Article 1771)
except (a) when it is otherwise
stipulated (Article 1784) or (b) when
immovable property or real rights are
contributed, in which case there must
be a public instrument to which is
attached an inventory of the
immovable properties signed by the
parties, otherwise partnership is void
(Articles 1771, 1773); (2) Bilateral-be
cause the rights and obligations
arising therefrom are reciprocal; (3)
Prepara tory- because an entity is
created des tined for other contracts
(Article 1778) even if not recorded
with Securities and Exchange
Commission (Article 1772, par. 2)
capable of acquiring and convey ing
immovable property or an interest
therein in the partnership name
(Article 1774). Hence associations and
socities, whose articles are kept secret
among the members, and wherein any
one of the members may contract in
his own name with third persons,
52
shall have no juridical personality,
and shall be governed by the
provisions relating to co-ownership
(Article 1775); One rous- because
the prestations of the partners are
deemed, the equivalent of the profits
they expect to make, and (5) Contract
of successive performances because
it is not extinguished by the
performance of one or various
deter minate prestations.
Rules to determine whether partner
ship exists: In determining whether a
partnership exists, these rules shall
apply:
( 1) Except as provided by Article
1825, persons who are not partners as
to each other are not partners as to
third persons;
(2)Co-ownership or co-possession
does not of itself establish a partner
ship, whether such co-owner or co-
pos sessors do or do not share any
profits made by the use of the
property;
(3)The sharing of gross returns does
not of itself establish a partnership,
whether or not the persons sharing
them have a joint or common right or
interest in any property from which
the returns are derived;
The receipt by a person of a share of
the profits of a business is prima facie
evidence that he is a partner in the
business, but no such inference shall
be drawn if such profits were received
in payment; (a) as a debt by
installment or otherwise, (b) as wages
of an employee or rent to a landlord,
(c) as an annuity to a widow or
representative of a deceased partner;
(d) as interest on a loan, though the
amount of payment vary with the
profits of the business, (e) as the
consideration for the sale of a good
will of a business or other property by
installments or otherwise (Article
1769).
Essential requisites of partnership:
The essential requisites are: ( 1) An
agreement to contribute money, pro
perty or industry to a common fund
(Article 1767)-this is complied with if
(a) each one of the partners brings or
is obliged to bring something to the
part nership and (b) that which is
brought becomes common property;
(2) Intent to divide the profits among
the con tracting parties (Article 1767)-
this is complied with if (a) partnership
is es tablished to obtain profit; (b)
profit must be common to all the
parties (Arti cle 1770, par. 1); (c) profit
or loss must be divided among all
partners (Article 1799).
Purpose of partnership: A partner ship
must have a lawful object or pur pose
(Article 1770, par. 1). When an
unlawful partnership is dissolved by a
judicial decree, the profits shall be
con fiscated in favor of the State, the
effects and instruments of the crime
are con fiscated in accordance with the
provi sions of the Penal Code (Article
1770, par. 1) but the capital of the
partners are returned to them if they
are not in struments of crime.
Classification of partnership: ( 1) Ac
cording to object it is either universal
or particular; with the former being
divided into universal partnership of
all pre sent property or universal
partnership of profits (Articles 1776,
1777); (2) Ac cording to liability, it is
either general or limited (Article
1776); (3) According to duration, it is
either partnership for a fixed period or
partnership at will (Article 1785).
Universal partnership of all present
property: It is defined as that in which
the partners contribute all the
property which actually belongs to
them to a common fund, with the
intention of di viding the same among
themselves, as well as all the profits
which they may acquire therewith
(Article 1778). It includes: ( 1) All
present property of partners at time of
constitution of the partnership plus
the profits therewith (Article 1779,
par. 1), (2) any other profits if
stipulated (Article 1779, par. 2); (3)
fruits of property acquired
subsequently by inheritance, legacy,
or donation if stipulated (Article 1779,
par. 2),-but not the property itself
acquired by such means even if
stipulated (Article 1779, par. 2).
Universal partnership of profits: It is
that in which the partners contribute
the usufruct of all the immovable and
movable properties which each of the
partners may possess at the time of
the celebration of the contract as well
as all that they may acquire by their
industry or work during the existence
53
of the partnership. It includes: ( 1) all
property acquired by the industry or
work of the partners during the
existence of the partnership plus the
fruits thereof (Article 1780, par. 1), (2)
usufruct of movable and immovable
property possessed by each partner at
time of celebration of contract. (Article
1780, par. 1)
Presumption and prohibition: Arti cles
of universal partnership, entered into
without specification of its nature,
only constitute a universal partnership
of profits (Article 1781). Persons who
are prohibited from giving each other
any donation or advantage cannot
enter into universal partnership
(Article 1782).
Concept of particular partnership: A
particular partnership has for its
object determinate things, their use or
fruits, or a specific undertaking, or the
exist ence of a profession or vocation.
(Ar ticle 1783)
Continuation of partnership: When a
partnership for a fixed term or
particu lar undertaking is continued
after the termination of such term or
particular undertaking without any
express agreement, the rights and
duties of the partners remain the same
as they were at such termination, so
far as is consistent with a partnership
at will.
A continuation of the business by the
partners or such of them as habitually
acted therein during the term, without
54
any settlement or liquidation of the
partnership affairs, is prima facie evi
dence of a continuation of the partner
ship (Article 1785). However, the part
nership may also be continued by an
express agreement among all the part
ners.
Contributions of partners: The part
ners may contribute money, property
or industry (Article 1767); if money or
property, they are called capitalist
partners and if industry, they are
called industrial partners. The amount
of contribution is subject to agreement
and in the absence thereof, the
partners shall con tribute equal shares
to the capital of the partnership
(Article 1790) and every partner is
considered a debtor of the partnership
for whatever he may have promised to
contribute thereto (Article 1786, par.
1).
Where contribution is money or pro
perty: In case a partner contributes, (1)
Money- in case he fails to do so, he
shall pay interest and damages from
the time he should have complied
(Arti cle 1788) without need of any
demand;
(2)Specific determinate things-he
must (a) preserve the property (b)
deli ver fruits from time of
agreement (c)
warrant against eviction and hidden
defects (d) transfer ownership on deli
very to partnership and (e) pay dam
ages for delay without necessity of
demand (f) bear risk of loss before
deli very- however in this case the
partner ship is considered dissolved
(Article 1830, No. 4). The same rule of
risk of loss and effect on partnership
applies when only the use and fruits
of specific, determinate non -fungible
things are contributed (Article 1795,
par. 1); (3) Goods- they must be
appraised in the manner prescribed
by contract of partnership otherwise
by experts chosen by partners
according to current prices. The
partnership shall bear the subsequent
changes in value (Article 1787) as well
as their loss but limited to their
appraised value (Article 1795, par. 2).
The partnership shall likewise bear
the loss after delivery if things
contributed are fungible, or cannot be
kept without deteriorating or if they
were contributed to be sold (Article
1785, par. 2).
Where contribution is industry: An
industrial partner cannot engage
in business for himself, unless the
part nership expressly permits him to
do so and if he should do so, the
capitalist partners may either exclude
him from the firm or avail themselves
of the ben efits which he may have
obtained in violation of this
provision, with a right to damages
in either case (Article 1789). The
reason for the law in provid ing for
this restriction is that an indus trial
partner contributes only his work and
industry and if he is allowed to en
gage in business, the partnership will
be prejudiced because of the reduction
of the time and effort which he will
use for the said business. The rule is
differ ent with regard to capitalist
partners who are only prohibited from
engaging in a business in
competition with the partnership,
unless otherwise stipulated,
otherwise all profits of such partner
belong to the partnership and all
losses shall be for his account (Article
1908).
Responsibility between partnership
and partner: The partnership shall be
responsible to every partner for the
amounts he may have disbursed on
be half of the partnership and for the
cor responding interest, from the time
the expenses are made; it shall also
answer to each partner for the
obligations he may have contracted in
good faith in the interest of the
partnership business, and for risks in
consequence of its management
(Article 1796). On the other hand, the
partner is liable to the partnership ( 1)
for interest and damages from the
time of conversion for any sum of
money which he may have .taken
from the partnership coffers and con
verted to his own use (Article 1788,
par. 2); (2) for damages suffered by it
through his fault, and he cannot
compensate them with the profits and
bene fits which he may have earned
for the partnership by his industry.
However, the courts may equitably
lessen this responsibility if through
the partner's extraordinary efforts in
other activities of the partnership,
unusual profits have been realized
(Article 1794); (3) for the return of his
share of a partnership cre dit which he
55
has received but where the other
partners have not collected theirs if
the debtor should thereafter become
insolvent (Article 1793); for any
benefit derived by him without the
consent of the other partners from any
transaction connected with the
formation, conduct, or liquidation of
the partnership or from any use by
him of its property (Article 1807).
Sharing of profit and loss among
partners: The distribution of profits
and losses shall be in conformity with
the agreement. If only the share in the
pro fits is agreed upon, the share in
the los ses shall be in the same
proportion (Article 1797, par. 1), but a
stipulation which excludes one or
more partners from any share in the
profits or losses is void (Article 1799),
but the industrial partner shall not be
liable for losses (Article 1797, par. 2).
In the absence of stipulation, the share
in the profits and losses shall be in
proportion to con tribution except the
industrial partner who shall receive a
share of the profits as may be just and
equitable under the circumstances
(Article 1797, par. 2). If the industrial
partner contributes capi tal, he
receives an additional share in
proportion to his capital (Article 1797,
par. 2). The designation of losses and
profits cannot be entrusted to one of
the partners (Article 1798, par. 2), but
may be left to a third person whose
designation is valid unless manifestly
inequitable. However, it cannot be im
pugned by a partner who has begun
to execute the same or who fails to im
56
pugn within three months from
knowl edge (Article 1798, par. 1).
Property rights of a partner: The pro
perty rights of a partner are: ( 1) His
rights in specific partnership property
(Article 1810, No. 1) is merely inchoate
and is not effective except in concert
with all partners, since the property is
owned by the juridical person and
hence is not assignable nor subject to
attachment or execution for partner's
individual debts or for legal support
(Article 1811);
His interest in the partnership
(Article 1810, No. 2) which is his share
of the profits and surplus (Article
1812) and therefore subject to the
contin gency if there being profits or
surplus but is transferable either
voluntarily (Article 1813) or by order
of the court (Article 1814). If
voluntarily transfer red, partnership
is not dissolved and assignee only
acquires right to profits to which
assignor is entitled as well as
assignor's interest after dissolution
but does not become a partner nor is
he en titled to a partner's rights
(Article 1813). He may, however, ask
for judi cial dissolution of partnership
at expi ration of term or any time if it
is a part nership at will. (Article 1831,
par. 2) If transferred by order of
court on fore closure of interest after
the issuance of a charging order by
the court at in stance of creditor of
partner, interest may be redeemed
before foreclosure or sale, without
dissolving the partner ship, (a) with
separate property by any one or more
of the partners or (b) with partnership
property if consented to by all
partners (Article 1814). Purchaser does
not become a partner but only
acquires partner's share of profits and
surplus and the right to ask for
judicial dissolution at end of period or
any time if it is a partnership at will
(Article 1831, par. 2)
His right to participate in the
management (Article 1810, No. 3), the
the right of management is governed
by stipulation or if none in all partners
(Article 1803); hence, (a) If partner ap
pointed manager in Articles of
Partner ship despite opposition, and
his power cannot be revoked except
by partners representing controlling
interest pro vided there is just or
lawful cause (Article 1800, par. 1); (b)
If partner appointed manager after
partnership has been constituted- his
power can be revoked at any time
(Article 1800, par. 2); (c) If two or
more partners are appointed as
managers- each one may separately
execute all acts of administration but
if opposed, majority shall prevail, and
if no n1ajority, partners owning
control ling interest will decide
(Article 1801) If there is stipulation
that all must act jointly-then
concurrence of all is re quired and
absence or disability of any one
cannot be alleged unless there is
imminent danger of grave or irrepar
able injury to partnership (Article
1802); (d) If no managing partners ap
pointed- then all partners are agents
of the partnership and anyone may
bind the partnership but all partners
must consent to important alterations
on im movable property, even if
useful to partnership. Court may
intervene in case of unjust refusal to
give consent (Article 1803); (e) If a
partner author ized to manage collects
a demandable sum, which was owed
to him in his own name, from a
person who owed the partnership
another sum also demand able, the
sum thus collected shall be applied to
the two credits in proportion to their
amounts even though he may have
given receipt for his own credit only;
but should he have given it for the
account of the partnership credit, the
amount shall be fully applied to the
latter. The provisions of this article are
understood to be without prejudice to
the right granted to the debtor by Arti
cle 1252, but only if the personal credit
of the partner should be more onerous
to him (Article 1792).
Partner's right to information, ac
counting and to associates: Each part
ner is entitled ( 1) to true and full
infor mation of all things affecting
partner ship (Article 1805); (2) to have
access to, inspect and copy the
partnership books at reasonable hours
(Article 1805); (3) to a formal account
of part nership affairs; (a) when he is
wrongly excluded from partnership
business or possession of its property
by other partners, (b) when the right
exists under the terms of any
agreement, (c) when one partner has
57
made profits without the consent of
the others (Article 1809);
(d) when it is just and reasonable
(Arti cle 1809); (4) to associate another
with him in his share but associate
also shall not be a partner without the
consent of all partners even if
associated by a managing partner
(Article 1804).
Operations of partnership: Every
partnership shall operate under a firm
name, which may or may not include
the name of one or more of the
partners. Those who, not being
members of the partnership, include
their names in the firm name, shall be
subject to the liability of a partner
(Article 1815). The latter are called
Partners by estoppel. Furthermore, a
person may be considered a partner
by estoppel if he represents himself to
be either directly or in directly to be
connected with partner ship to third
persons or by making such
representation in a public manner. In
such a case, he will be liable as a
partner if partnership liability
results, otherwise pro rata with the
other per sons who consented to such
representation (Article 1825).
Liability of individual partners to
third persons: A. Liability for
contractual obligations- all partners,
including the industrial partner, are
liable pro rata with all their
properties for con tracts with third
persons provided: ( 1) they were
entered into in the name and for the
account of the partnership; (2) under
58
its signature; (3) by a person
authorized to act for the partnership;
(4) the partnership assets are already
exhausted. This is without prejudice
to the liability of a partner who
entered into a separate obligation
(Article 1816) and any exemption from
the above liability is void except as
between the partners (Article 1817).
A.Liability for tortious acts-all
partners are liable solidarity with the
partnership (Article 1824) for (I)
wrongful acts and omissions causing
loss to a non-partner (Article 1822)
and (2) con version or
misappropriation of funds belonging
to a stranger received in the usual
course of business by partnership or
partner (Article 1823).
B.Liability of person admitted into an
existing partnership-a person ad
mitted as a partner into an existing
partnership is liable for all the
obligations of the partnership arising
be fore his admission as though he
had been a partner when such
obligations were incurred, except that
this liability shall be satisfied only out
of partner ship property, unless there
is a stipul ation to the contrary (Article
1826).
Authority of partners to bind partner
ship: A. In the absence of designation
of specific managers, all partners are
considered agents of the partnership
and their acts for apparently carrying
on in the usual way the business bind
the partnership except when partner
has no authority and such fact is
known to the third person (Article
1818, par. 1). The following acts are
considered not usual in the course of
business and require consent of all
the partners in order to bind the
partnership unless the others have
abandoned the business: ( 1) assign
the partnership property in trust for
creditors; (2) dispose of the
goodwill of the business; (3) do any
act which will impede the carrying on
ordi nary business; (4) confess a
judgment;
(5) enter into compromise regarding
partnership claim or liability; (6)
submit partnership claim to
arbitration; (7) renounce a claim of the
partnership (Arti cle 1818, par. 3).
Restrictions on authority of a partner
must be made known to third persons
otherwise partnership is liable (Article
1818, par. 4).
B. Conveyance of real property-the
following are the rules: ( 1) Where title
to property is in the partnership name,
then title will pass to the buyer but the
partnership may recover property if
the partner did not act for apparently
carry ing on in the usual way the
business or unless property has been
acquired from grantee by a buyer in
good faith for value and without
notice; but if convey ed by partner in
his own name, then only the equitable
interest of the part nership passes
provided partner acted for apparently
carrying on in the usual way of
business (Article 1819, pars. 1 and2).
2.Where title to property in the name
of one or more but not all the
partners- partner in whose name
property stands may convey title but
partnership may recover property if
act is not apparently for carrying on in
the usual way the business or unless
buyer is a holder for value without
notice. (Article 1819, par. 3)
Where title to property in name of one
or more or all partners or that of a
third person in trust for the partner
ship-conveyance by a partner in his
own name or that of the partnership
will pass the equitable interest of the
part nership provided the act is one
for apparently carrying on in the
usual way of business. (Article 1819,
par. 4)
3.Where title to property is in name of
all partners- title will pass by con
veyance by all partners (Article 1819,
par. 5).
Notices to and admission by partners:
Partnership is bound (1) by notice to a
partner of any matter relating to
partnership affairs; (2) by knowledge
of the partner acting in the particular
mat ter, acquired while a partner or
then present to his mind; (3) by
knowledge of any other partner who
reasonably could and should have
communicated it to acting partner
(Article 1821); ( 4) by admission or
representation of any partner
concerning partnership affairs within
scope of his authority (Article 1820).
Dissolution and winding up of part
nership: The dissolution of a partner
ship is the change in the relation of the
partners caused by any partner
ceasing to be associated in the
59
carrying on as distinguished from the
winding up of the business (Article
1828). On dissolu tion the partnership
is not terminated, but continues until
the winding up of partnership affairs
is completed (Arti cle 1829).
Causes of dissolution: A. By the will of
the partners- this may be done in two
ways: (1) Without contravention of the
agreement by (a) termination of term
or particular undertaking (b) by
express will of any partner acting in
good faith when it is a partnership at
will (c) express will of all the partners
who have not assigned their
interests
(d) bona fide expulsion of any partner
in accordance with the agreement
(Article
(2)1830, No. 1); (2) In contravention of
the agreement, by the express will of
any partner at any time (Article 1830,
No.2).
B.By operation of law-this takes place
when ( 1) the business becomes
unlawful (Article 1830, No. 3); (2)
when specific thing promised perishes
before delivery to the partnership or
by loss of the specific thing whose use
and enjoy ment has been transferred
to the part nership (Article 1830,
No.4); (3) a part ner dies (Article 1830,
No.5); a partner or the partnership
becomes insolvent (Article 1830, No.
6); (4) any partner suffers from civil
interdiction (Article 1830, No.7).
C.By judicial decree (Article 1830, No.
8)-this occurs when court, on ap
60
plication of a partner, decrees dissolu
tion on any of the following grounds: (
1) insanity of any partner (Article
1831, No. 1); (2) incapacity of any
partner (Article 1831, No. 2); (3)
prejudicial conduct of any partner
(Article 1831, No. 3); (4) Willful
breach of agreement by any partner
(Article 1831, No.4); (5) business can
only be carried on at a loss (Article
1831, No. 5); (6) just grounds (Article
1831, No.6) or (7) when applied for by
a buyer of partner's interest upon
termination of period or at any time if
it is a partnership at will (Article 1831,
par. 2).
Effect of dissolution of partnership on
authority of partners: Dissolution
terminates all authority of any partner
to act for the partnership (Article 1832,
par. 1) and the partners are not liable
for the act of any partner if dissolution
is caused by other than the act, insolv
ency or death of a partner (Article
1832, No. 1); but in case of dissolution
due to the act of a partner, they are
liable un less partner acting had know
ledge of dissolution, and in case of
death or in solvency of a partner, the
partner act ing had notice or know
ledge of such fact (Articles 1832, No.
1-b; 1833). As to third persons a
partner cannot bind the partnership:
(a) where partnership is dissolved
because the business be comes
unlawful (Article 1834, par. 3[ 1]);
where the partner has become
judicially insolvent (Article 1834,
par. 3[2]); (c where partner has no
winding up authority (Article 1834,
par. 3[3]). However a partner can
even after dis solution, bind the
partnership: (1) for acts appropriate
for winding up (Article 1834. par.
1[1j); (2) for any act which would bind
the partnership if not dis solved
provided third person acted in good
faith and without knowledge or notice
of dissolution (Article 1834, par.
1[2]). However, in the case of a
partner who is unknown to third per
sons to be a partner and so far
unknown and inactive in partnership
affairs that his connecting with the
partnership had no effect on the
latter's business reput ation, his
liability is limited to his in terest in
the partnership (Article 1834, par. 2).
Right of partner to accounting: The
right to an accounting of his interest
shall accrue to any partner, or his re
representative as against the winding
up partners or the surviving partners
or the person or partnership
continuing the business, at the date of
dissolution. in absence of any
agreement to the con trary (Article
1842).
Partners entitled to liquidate partner
ship: Winding up is done by partners
designed in the agreement or in
default thereof by the partners who
have not wrongfully dissolved the
partnership or the legal representative
of the last surviving partner not
insolvent, but the court may award
right to others (Article 1836, par. 1).
Rights of partners after dissolution:
1. Where partnership is dissolved in
ac cordance with agreement- each
part ner may have the partnership
property applied to the partnership
debts and the surplus applied to pay
in cash the net amount owing to the
respective partners, but in case of
bona fide expul sion of a partner, the
latter shall receive in cash the net
amount due him (Article 1837, par. 1);
2.When partnership is dissolved in
contravention of the agreement-the
innocent partners have the right (a) to
have the partnership assets applied
to the partnership debts and the
surplus to what is owing them (Article
1837, par. 2, [1a]) (b) to damages from
the guilty partner (Article 1837, par.
2[b])
(c) to continue the business of the
part nership, under the same name,
either by themselves or with others,
and for that purpose may possess the
partner ship property, provided they
pay or se cure the payment to the
guilty partner of his interest less
damages due from him (Article 1837,
par. 2[2]). The guilty partner shall
have the right: (a) in case of non-
continuance of partnership, to have
partnership assets applied to part
nership debts and the surplus paid
to wh"" 0 due him minus the damages
he caused by dissolution (Article
1837, par. 2[3a]) (b) in case of
continuance of partnership, to have
the value of his interest, minus
damages and good will
ascertained and paid or secured and
to released from all existing liabilities
of the partnership (Article 1837, par.
2[3bJ).
61
3.When partnership contract is re
scinded on the ground of fraud or
mis representation of one of the
partners the innocent partners have a
right (a) t a lien or retention of surplus
property for any amounts of money
advanced or contributed by them (b)
to stand in the place of creditors for
payments made by partnership
liabilities (c) to damages from guilty
partner (Article 1838).
Rules in liquidation of assets of part
nership: 1. The partnership assets
are:
(a) Partnership property; (b)
Contributions Qf the partners
necessary for the payment of all
liabilities (Article 1838, No. 1[a] and
[b])
2.The order of payment of liabilities is:
(a) Those owing to creditors other
than partners; (b) Those owing to
part ners other than for capital and
profits;
(c) Those owing to partners in
respect to capital; (d) Those owing to
partners in respect to profits (Article
1834, No. 2 [a,b,c,d]);
3. Application of assets to the pay
nlent of liabilities: (a) Partnership pro
perty must first be applied (b) individ
uaJ liability of partners in accordance
with Article 1797 which can be
enforced by the assignee of creditors
or any partner or his legal
representative to the ex tent of the
amount which he has paid in excess of
his liability; this liability is not affected
by death of partner (Article 1837, Nos.
3, 4, 5, 6, 7);
62
4. Partnership creditors have priority
over partnership property and
separate creditors over individual
property saving the rights of lien or
secured creditors. (Article 1837, No.8);
5. When partner becomes insolvent,
the owner of preference is: (a) separate
creditors; (b) partnership creditors; (c)
partners on account of contributions
(Article 1837, No.9).
Continuation of business after dis
solution: (1) Creditors of the dissolved
partnership are also creditors of the
person or partnership continuing the
business if it is continued without liq
uidation of the partnership affairs
(Arti cle 1840, Nos. 1, 2, 3, 5, 6), or if
those continuing business promise to
pay debts (Article 1840, No. 4);
2. When the business is continued
without any settlement of accounts
with a deceased or retired partner, the
re tired partner or the legal
representative of the deceased partner
may have the value of his interest at
the date of liquidation ascertained
(Article 1841) except when there is
already an agreement as to what the
retiring partner shall receive, and
receive as an ordinary creditor, at his
option; (a) the value of his
participation plus interest or (b) the
profits attributable to the use of his
property of the dissolved partner ship;
provided the creditors of the dis
solved partnership are preferred (Arti
cle 1841).
Limited Partnership: One formed by
two or more persons under the
provi sions of the following article,
having as members one or more
general partners and one or more
limited partners (Arti cle 1843). In
order to form a limited partnership,
the parties must (1) sign and swear
to a certificate which shall state (a) the
name of the partnership, adding
thereto the word "Limited"; (b) the
character of the business; (c) the
location of the principal place of
business; (d) the name and place of
residence of each member, general
and limited partners being
respectively designated; (e) the term
for which the partner ship is to exist;
(f) the amount of cash and a there must be at least one general and
description of and the agreed value
of the other property contributed by
each limited partner; (g) the
addtional contributions if any, to be
made by each limited partner and the
times at which or events on the
happening of which they shall be
made; (h) the time, if agreed upon,
when the contribution of each
limited partner is to be re turned;
(i) the share of the profits or the other
compensation by way of income
which each limited partner shall
receive by reason of his
contribution; (j) the right, if given, of
a limited partner to substitute an
assignee as contributor in his place,
and the terms and conditions of the
substitution; (k) the right, if gien, of
the partners to admit additional
limited partners; (l) the right, if given,
of one or more of the limited partners
to priority over other limited partners,
as to contributions or as to
compensation by way of income,
the right, if given, of the remaining
general partner or part ners to
continue the business on the death,
retirement, civil interdiction, in sanity
or insolvency, of a general part ner;
and (n) the right, if given, of a lim ited
partner to demand and receive pro
perty other than cash in return for his
contribution; (2) file for record the
certi ficate in the Office of the
Securities and Exchange Commission.
A limited part nership is formed if
there has been sub stantial compliance
in good faith with the foregoing
requirements (Article 1844). In order
that there be a limited partnership
one limited partner (Article 1843).
Concept of a limited partner: A limit
ed partner is not really a partner but
an investor in the partnership, hence
not bound by the obligations of the
partnership (Article 1843). To be a
limited part ner the contribution must
be cash or property but not services
(Article 1845) and he must not allow
his surname to appear in the
partnership name (Article 1846). He
can loan money to the partnership and
transact other business with the
partnership and receive on ac count of
resulting claim against the
partnership, with general creditors,
his pro rata share of the assets (Article
1854, par. 1) except that he cannot re
ceive or hold partnership property as
security (Article 1854, No. 1) nor
receive payment or release of money
lia bility to the prejudice of creditors
(Arti cle 1854, No. 2). A limited
63
partner is only liable to the
partnership and is not a proper party
to proceedings by or against the
partnership except to en force a
limited partner's rights against or
liability to the partnership (Article
1866). However, when there are
several limited partners the members
may agree that one or more of the
limited partners shall have a priority
over other limited partners as to the
return of their contributions, as to
their compensation by way of income,
or as to any other matter. If such an
agreement is made it shall be stated in
the certificate, and in the absence of
such a statement all the limited
partners shall stand upon equal
footing (Article 1855).
When limited partner liable as a gen
eral partner: A limited partner is liable
as a general partner: (1) when he
allows his surname to appear in
partnership name as regards a
creditor without knowledge (Article
1846, par. 2); (2) when he knowingly
allows certificate to contain a false
statement as against a person who
suffers loss by reliance on such
statement (Article 1847); (3) when he
takes part in the control of the
business (Article 1948); (4) when on
learning (contrary to his belief) that
there is no limited partnership, he
does not promptly renounce his
interest in the profits of the business
or other compen sation by way of
income (Article 1852);
(5) when he agrees to be a general
part ner at the time which fact is
64
stated in the Certificate of Limited
Partnership. In this case he shall have
all the rights and powers and be
subject to all the re strictions of a
general partner except that as to the
other partners, he has the rights of a
limited partner in respect to his
contribution (Article 1853).
The general partner in the limited
partnership: At least one general part
ner is required in a limited
partnership (Article 1843) and he shall
have the same rights and powers and
be subject to all the restrictions and
liabilities of a partner in a general
partnership (Arti cle 1850). However,
without the written consent or
ratification of the specific act by all the
limited partners, a general partner or
all of them cannot: (1) do any act in
contravention of the certificate;
(2) do any act which would make it
im possible to carry on the ordinary
busi ness of the partnership; (3)
confess judgment against the
partnership; (4) possess partnership
property, for other than a partnership
purpose; (5) admit a person as a
general partner; ( 6) admit a person as
a limited partner, unless the right to
do so is given in the certificate;
(7) continue the business with partner
ship property on the death,
retirement,
insanity, civil interdiction or
insolvency of a general partner, unless
the right so to do is given in the
certificate (Article 1850, Nos. 1-7). The
retirement, death, insolvency, insanity
or civil interdiction of a general
partner dissolves the part nership
without prejudice to the re maining
general partners continuing the
business with the consent of all
members or in case it is so stated in
the certificate (Article 1860).
Rights and liabilities of the limited
partner: A. The rights of the limited
partner are: ( 1) to inspect and copy at
reasonable hours the partnership
books and have them kept at the
principal place of business (Article
1851, No. 1);
(2)to have on demand true and full in
formation of all things affecting part
nership (Article 1851, No. 2); (3) to
have a formal account of partnership
af fairs whenever just and reasonable
(Ar ticle 1851, No. 2); (4) to have
dissolu tion and winding up by decree
of the court (Article 1851, No. 3); (5) to
re ceive a share of the profits or other
compensation by way of income stip
ulated for in the certificate, provided
that after such payment the
partnership assets are in excess of all
liabilities of the partnership except
liabilities to lim ited partners on
account of their contri bution and to
general partners (Articles 1851, par. 2;
1856); (6) to the return of
their contribution (Articles 1851, par.
2; 1857; (7) to loan money and
transact other business with the
partnership (Article 1854); (8) to have
partnership and its affairs wound up
when he right fully but
unsuccessfully demands the return
of his contribution, or the other
liabilities of the partnership have
not been paid, or the partnership
property is insufficient for their
payment as re quired by the first
paragraph No. 1, and the limited
partner would otherwise be entitled to
the return of his contribu tion (Article
1857, last par. 1and 2).
B. The liabilities of the limited part ner
are: 1. To the partnership- (a) For the
difference between his contribution as
actually made and that stated in the
certificate as having been made
(Article 1853, par. 1[1]); (b) For any
unpaid con tribution which he agreed
to make in the future at the time and
on the condi tions stated in the
certificate (Article 1853, par. 1[2]); (c)
To hold as trustee for the partnership
specific property stated in the
certificate as contributed by him but
which was not contributed or
wrongfully returned and money or
other property wrongfully paid or
conveyed to him on account of his
contribution (Article 1858, par. 2 [1 &
2]); (d) to any sum, not in excess of
returned contribution with interest,
necessary to discharge liabilities to all
creditors who ex tended credit or
whose claim arose be fore return
(Article 1858, par. 4). These liabilities
may be waived or com promised only
if (a) all members con sent, (b)
certificate amended accord- ingly,
and (c) creditors are not pre judiced
(Article 1858, par. 3).
2.To individual creditors-upon ap
plication of a creditor (whose other re
medies remain unimpaired), the court
65
may issue a charging order on the in
terest of the limited partner but said
interest may be redeemed with the
separate property of any general
partner but not with partnership
property. The limited partner is
entitled to his statutory exemptions.
(Article 1862)
To partnership creditors -limited
partner is not liable to partnership
cred itors except in the cases where he
is liable as a general partner and
where the object is to enforce limited
partner's liability to partnership
(Article 1866).
Return of contribution of a limited
partner: A limited partner is entitled
to the return of his contribution if: (1)
af ter payment, there remains
property of the partnership sufficient
to pay all li abilities of the partnership
except to general partners and to
limited part ners on account of their
contribution (Article 1857, par. 1, No.
3); (3) all members consent or the
return of the contribution can be
rightfully demand ed (Article 1857,
par. 1, No. 2). The contribution may be
rightfully demanded (a) on
dissolution of the partnership (Article
1857, par. 2, No. 1) (b) when the date
specified in the certificate has arrived
(Article 1857, par. 2, No. 2) (c) on six
month's notice in writing to all
members if no time is specified in
certificate either for return or for
dissolution of partnership (Article
1857, par. 2, No.3). A limited partner's
contribution shall be returned in cash
66
unless other wise stated in certificate
or consented to by all members
(Article 1857, par. 3).
Additional limited partners: After the
formation of a limited partnership, ad
ditional limited partners may be
admit ted upon filing an amendment
to the original certificate in
accordance with the requirements of
Article 1865 (Arti- cle 1849).
Assignment of limited partner's in
terest and its effects: A limited part
ner's interest may be assigned (Article
1859, par. 1) and in that case assignee
does not become a partner but merely
acquires the share of the profits or
other compensation by way of income,
or the return of his contribution to
which his assignor is entitled (Article
1859, par. 3). However, assignee may
become a substituted limited partner
if all the members consent or if the as
signor, having that right in the certifi
cate, gives assignee the right (Article
1859, par. 4) but does not actually be
come one until certificate is amended
(Article 1859, par. 5).
A substituted limited partner is a
person admitted to all the rights of a
limited partner who has died or has
as signed his interest in a partnership
(Ar ticle 1859, par. 2), and he has all
the rights and powers and is subject to
all the restrictions and liabilities of his
as signor except those h did not
know and which cannot be
ascertained from the certificate
(Article 1859, par. 6).

The executor or administrator of a
deceased limited partner has the
power as deceased had to make his
assignee a substituted limited partner
as well as all the rights of a limited
partner for the purpose of settling his
estate, but the latter is liable for
liabilities of the de ceased limited
partner (Article 1861).
Amendment and cancellation of certi
ficate: Amendment of certificate is
made by: (1) executing a writing
which
(a)shall conform to the requirements
of Article 1844 as far as necessary to
set forth in certificate the desired
changes
(b)shall be signed and sworn to by all
members including additional or
substituted limited or general partners
as well as assigning limited partner
(Article 1856, par. 1). In case of refusal
to sign, the aggrieved party may go to
court who shall order Securities Com
mission to record amendment or
cancel lation and in the former case
plus a cer tified copy of its decree
setting forth amendment; (2)
recording the writing with the
Securities and Exchange Com mission
(Article 1865). The grounds for
amendment are stated in Article 1864.
Cancellation of certificate is proper
when the partnership is dissolved or
all limited partners cease to be such
and is accomplished by ( 1) executing
a writing to cancel certificate signed
by all mem bers or an order of the
court to that effect and (2) recording
the writing or order of the court with
the Securities and Exchange
Commission (Article 1865).
Dissolution and liquidation of limited
partnership: The limited partnership
is dissolved: (1) in case of retirement,
death, insolvency, insanity, or civil in
terdiction of a general partner (Article
1860); (2) when asked for by a limited
partner under the provisions of Article
1857.
In settling accounts, the liabilities of
the partnership shall be paid as
follows: ( 1) those to creditors in the
order of priority as provided by law;
(2) those td limited partners in
respect to their share of the profits
and other compensation by way of
income on their contribution; (3) those
to limited partners in respect to the
capital of their contributions; (4) those
to general partners other than for
capital and profits; (5) those to general
partners in respect to profits; ( 6) those
to general partners in respect to
capital (Article 1863).
Rights of existing partnerships: A
limited partnership under the law
prior to the effectivity of the Civil
Code, until or unless it becomes a
limited partner ship under the New
Civil Code, shall continue to be
governed by the pro visions of the old
law. It can however form under the
new law by complying with the
provisions of Article 1844 and setting
forth in the certificates; ( 1) the
67
amount of the original contribution of
each limited partner, and the time
when the contribution was made;
and
(2)that the property of the partnership
exceeds the amount sufficient to dis
charge its liabilities to persons not
claiming as general or limited partners
by an amount greater than the sum of
the contributions of its limited
partners (Article 1867).
Other illustration: An association of
two or more persons to carry on, as
co owners, a business for profit. The
es sential feature of a partnership
contract is the agreement to share
profits in the business or undertaking
in connection with which the
combination exists. Consequent upon
the sharing of profits is the sharing of
losses, unless it is other wise agreed,
for there may be a part nership
without all the partners sharing the
losses.
Usually there is a community of in
terest in the capital employed and a
community of power in the manage
ment and business, but neither of
these is essential to a partnership for
one partner may contribute skill or
labor alone, and the business may be
Juan aged by one to the exclusion of
the others. In fact there may be little or
no capital, for there may be a
partnership between persons acting
merely as man agers or disposers of
the goods of others, and there may be
a partnership in a single transaction as
well as in a continuous series of
transactions. One who receives
68
compensation for his services in the
form of a share of the profits in a
particular department or branch of the
business is not a partner. This is also
true where one in good faith lends
money to the firm upon an agreement
to receive a share of the profits in lieu
of interest.
If one holds himself out to be a part
ner and knowingly permits it to be
done by others, though he may not
actually be a partner, as between
himself and members of the firm, he
will be a partner as to third persons
and be liable as such even though he
does not intend it, and will be bound
by the contracts made by his
supposed partners. This is to prevent
the fraud to which creditors and
parties dealing with the firm would be
subject if the rule were otherwise. It
also serves to prevent false credit
being given to a partnership on the
faith of the supposed partner's
responsibility, for every partner is
personally liable for the entire debts of
the partnership after the exhaustion of
the partnership assets. So
binding is this rule that in order to
hold a nominal or pretended partner
it is not necessary that the creditor at
the time of the contract be aware of
the composition of the partnership.
There is no particular method thus
con stituting one's self a partner as to
out side parties. The use of his name
over a shop door or in printed notices
or bills or advertisements or the doing
of var ious acts indicating partnership
and sufficient to induce others to
believe him to be a partner will effect
the re sult. If, however, there is a
stipulation among the partners that a
person ap pearing to be a partner shall
be liable to no less he will not be so
liable to one having absolute
knowledge of the stipulation.
The presumption is that there is a
partnership where there is a sharing
of profits. This presumption,
however, may be overcome by
showing that one receives a share of
percentage of profits merely as
en1ployee, agent, factor, broker or
otherwise by way of compen sation
for labor, trouble or services, or for
rent of factory or for some other
privilege, for there is a distinction be
tween an agreement to share profits as
such, and an agreement to share and
pay out profits not as profits but in
payment for something.
Officers and crews of sailing vessels
who are paid by a portion of the prod
uce of the voyage are not partners, nor
is a captain who takes a vessel under
an agreement to share profits or to
pay certain charges and receive a
portion of the earnings, and those
making ship ment or freighting goods
for part of the profits are generally not
considered partners with the owners.
Dormant partners are liable to third
parties when discovered, as well as
others. Sharing in profits, they must
also share in burdens. Any other rule
would furnish a means whereby one
might obtain what would be in effect
usurious interest on money invested
by him.
The formation of a partnership may be
in writing or verbally or from tacit
understanding evidenced by mere acts
but it must be voluntary and no
stranger can be introduced into the
firm without the consent of the whole
firm. Therefore, unless it is otherwise
ex pressed in the contract of
partnership. executors and
representatives of a de ceased partner
will not take his place in the
partnership, and even such an ex
press provision only has the effect of
giving such executors or represent
atives an option to become partners or
not. Under the Statute of Frauds an
agreement of partnership to
commence more than a year
subsequent should be in writing. An
agreement of partner ship for buying
and selling land should be written.
There may also be a partnership with
a partner or a sub-partnership, but the
sub-partner will not have relations
with the main partnership. He
participates in the profits of the
particular partner with whom he
contracts and his responsibility or
liability for the debts of the general
partnership are co-extensive with
those of the particular partner with
whom he contracts. If he causes dam
age to the partnership by his default
the party taking him into partnership
will be liable to the other partners.
A partnership may exist in any busi
ness or transaction which is not a
mere personal office. There may be a
part nership to trade in land, or to
own and make use of a ship, though
69
mere joint ownership of a ship will
not constitute the owners partners.
Partners ordinarily are liable person
ally for partnership debts after
exhaus tion of partnership assets, yet
statutes authorize the formation of
limited part nership, limiting the
liability of the in dividual partners,
-usually to the ex tent of the capital
subscribed by them individually.
Certain requirements in such cases are
made as to character and method of
execution of articles of association and
as to recording the same in the proper
public office open to public inspection
and usually notice of the character of
the partnership must be given by
post ing a notice in the chief place of
busi ness or using the word, "limited",
as a part of the name of the concern
and the like.
The term "joint stock company" is
sometimes applied to ordinary
partner ship containing a large
number of members and in some
instances, possibly, to limited
partnership. Partnerships with limited
liabilities are much in the nature of
corporations and the general rules of
law relating to them are similar to
those relating to corporations.
Any person of legal capacity to enter
into a contract may become a partner.
A minor may become a partner or
make any other trading contract
which will possibly turn out to his
benefit, but per sons dealing with him
70
or entering into partnership relations
with him run the risk of his avoiding
and repudiating the contract if it
proves disadvantageous to him. If
arriving at age he agrees to carry on
the partnership or receives profits
from it, this will amount to a
confirmation, and will make him
liable on the contracts of the firm
made during minority. A married
woman can enter into partnership as
well as con duct business for herself.
In all partnerships in trade such in
dividual partner is an agent for the
other and his act or contract binds all
with reference to matters in the usual
course of partnership business or nec
essary thereto, whether the partners
are ostensible, dormant, actual or no
minal. He may effect insurance,
receive or receipt for money for the
firm, com promise with its debtors or
creditors, release debts due to it,
borrow money, purchase goods and
may even sell the whole personal
effects of the firm at a single sale.
A partner may pledge or mortgage
the partnership goods unless
otherwise provided by statute, as
security to prior debts or debts
thereafter to be contract ed on account
of the firm. He may as sign the
property for the benefit of one creditor
or several or all the creditors of the
firm, but, of course, each assign ment
must be for the benefit of all and not
of one or several where the statute
laws in force so provide. It should be
added that authorities differ as to his
power to make a general assignment
alone for the benefit of creditors. The
power of a single partner, however, to
dispose of the partnership property
does not extend to real estate.
A partner may draw, accept and en
dorse bills, notes and checks in the
name and for the use of the firm and if
so executed it is presumably for part
nership purposes. But if a partnership
is carried on in the name of a single
per son, in order to hold the
partnership liable it must be shown
that it was given in connection with
the partnership busi ness.
Though one is held out as a partner,
yet if he is not a partner, one who gave
the firm credit not knowing that he
was so held out, cannot hold him
respon sible. Where there was a
change in the composition of a firm,
the new firm un dertaking to pay the
debts of the old out of the business, it
was held that credit ors of both the
new and the old firm have preferences
against partnership assets over the
creditors of the individ ual members
of the new firm.
One partner will be bound by the
fraud of his co-partner in contracts
relating to partnership affairs made
with third persons innocent of the
fraud, but where there is collusion
between the third party and the
contracting partner.
If the partnership, in pursuit of the
partnership business and with
partner ship injures a person or his
property, the other partners will be
liable. For a willful tort, however,
committed by one partner, another is
in general not liable. All the partners
will be responsible for a wrongful
conversion by one of them of the
property of an outsider to the use of
the firm.
Generally the act or admission of one
partner in legal proceedings is binding
on the firm. Notice to one is notice to
all.
One partner cannot bind the firm in
guaranteeing the debt of another, or as
surety, or as a party to an
accomodation bill or note, unless there
is a special au thority given for that
purpose, or one implied from the
common course of business, or from a
previous habit of dealing known and
consented to by the other partners, the
transaction is sub sequently adopted
or ratified by the firm. If one takes the
instrument knowing the partnership is
a party thereto as guarantor, surety or
accommodation endorser, it devolves
upon him to show circumstances
establishing the liability of the
members of the firm other than the
one signing.
One partner without authority ex
press or implied from circumstances
cannot bind the firm by a contract to
convey real estate or by conveyance
thereof or by the execution of any in
strument which the law requires to be
in the form of a deed (that is, an
instru ment of writing under seal), but
71
this does not apply to an instrument
which may legally be under seal or
not at the option of the parties. One
partner can not bind his co-partners
by a voluntary confession of judgment
against the firm. The act of a partner
in a matter wholly unconnected with
the partner ship business binds
himself only.
Partnership assets are first liable for
the debts of the firm, and this will in-
elude real estate used by the partner
ship and purchased with partnership
funds, and such real estate will not be
subject to dower or to inheritance
until the partnership liabilities have
been met. Each individual partner is
likewise liable for all the debts of the
partner ship, and his property may be
sold by a creditor of the firm after
exhaustion of the partnership assets.
In an ordinary partnership no ar
rangement between the partners
them selves, however, valid and
binding be tween them, limiting their
several lia bilities can limit or prevent
their liabi lity to persons dealing with
the firm. Where, however, a creditor
has express notice of a private
arrangement be tween the partners by
which either the power of one to bind
the firm, or his liability on partnership
contracts is qualified or defeated, such
creditor will be bound by the
arrangement. And where one
contracting with one partner has
express notice from the others before
the contract is closed that they will not
consider themselves responsible,
72
they will not be liable, for the
authority from one partner to another
to contract and act as his agent is
implied only, and the right to control
and direct that agency, if expressly
exercised and declared, in each
partner. If the dissenting partner,
however, afterwards assents and
rati fies the transaction or receives
benefit from it, he will be bound by it.
Where the majority acts it must be
fairly con stituted and proceeds in
entire gooc1. faith.
Each partner has a specific lien on
partnership stock for the payment of
debts made by him to third persons,
and for the amount of his own share
of the partnership stock and for all
mon eys advanced by him and the
moneys abstracted by the partners
beyond their shares. Such lien also
attaches to part nership real estate,
and any stock ex tracted by a partner
having the lien to - an extent sufficient
to make him equal with other
partners. Such prior claims of
partners must be satisfied before a
creditor of the individual partner
can realize on his share of the
partnership assets, or in other words,
the partner's share as against his
individual creditors will be
diminished to the extent of the liens of
his co-partners.
The exact firm name should be em
ployed by each partner in signing
papers, otherwise there is danger of
the one signing becoming personally
liable to the firm, no partner having
implied authority other than by the
firm alone. If,however, the firm has no
fixed name one signing in the name of
himself and associates will bind the
partnership, but it should appear for
whom he signs. An adopted
partnership name may be the same of
a single person not even interested in
the business will bind all the partners.
If the name of one partner is used as
the firm name and he does business
also on his own private ac count, a
contract signed by him will be
presumed being by him individually
until it is shown to be on behalf of the
firm.
It is said that a partner can be neither
debtor nor creditor of the firm of
which he is a member, though he may
be a debtor or creditor of a co-partner,
and a firm may not sue or be sued by
one of its members for this would
result in the seeing of himself.
Partnerships sue and are sued in the
names of ali partners. Similarly one
firm cannot sue another where the
same individual is a partner in each,
though, as to this, statute laws have in
some instances been enacted enabling
suits to be brought in such cases. The
above must not be construed to mean
that suits in equity cannot be brought
for an accounting between partners, or
for the purpose of correct ing wrongs
committed by partners against other
partners in the conduct of the affairs
of the concern.
A firm name may operate as a trade
mark and if so its use by others will be
iiiegal where they pass off themselves
or their goods for the original firm of
its goods, and if done intentionaily it
will be illegal even though the
imitators really have the same name
as the original. firm.
A partner has no right as between the
partners to pay his individual debt by
setting off against it a debt due from
his creditor to the firm. But if he does
this and the credit is made
accordingly on the books of the firm,
the partnership cannot afterwards
recover it.
A partnership will be dissolved by the
termination of the period for which it
was formed if this is for a definite
period (unless there has been an ex
press or tacit agreement to continue
it), or at any time by mutual consent
of the parties and if no fixed time is
limited for its continuance any partner
may dis solve it at any time. The death
of a partner terminates the
partnership unless there is an express
stipulation for the continuance thereof
to the personal representatives of one
dying. Upon the death of a partner,
the surviving partners have a right to
realize upon the assets of the firm, pay
the debts and distribute the balance
among the living partners and the
representatives of the one deceased.
Bankruptcy of a partner will termin
ate the partnership; so will the assign
ment of the partnership effects for the
benefit of creditors or sale of the share
of a partner under execution. The civil
death of one of the partner effects the
same result. Dissolution may take
73
place also by the extinction of the
subject matter of the partnership or
the completion of the business
undertaking to which the partnership
pertains; also by the assignment of
one partner's interest to a co-partner
or a third person.
Members of a m1nmg partnership
holding the larger interest or portion
of the property have power to do
what is necessary and proper for
carrying on the business and
controlling the work, in case of
disagreement, for the benefit of all
concerned, but, of course, the business
must be carried on in good faith. A
partnership in boring for oil is of this
nature. With respect to such a
partnership it may be said that if a
member dies or becomes bankrupt, or
sells to a stranger or to an associate,
these incidents do not affect a dissolu
tion as in ordinary partnerships,
owing to the disastrous consequences
that would result in such cases from
the fol lowing usual role.
A partnership of a firm may be dis
solved before the expiration of the
term by a decree of a court of equity
founded on a willful fraud or gross
misconduct of one of the partners, or
upon his gross carelessness or waste,
or on his exclusion of other partners
from a just share of the management,
or upon the existence of violent and
lasting dissensions between the
partners which prevent the business
from being conducted upon the
stipulated terms or destroys the
74
mutual confidence amongst the part
ners. But a partner cannot
intentionally create such conditions
for the purposes of securing a
dissolution and thus effect the result
desired by himself. A dissolution by
decree may be obtained if the business
is in a hopeless state, and the property
is liable to be stated and lost.
The confirmed insanity or other infir
mity of a partner may be cause for a
de cree of dissolution both to protect
the lunatic and to relieve the co-
partners, but neither insanity nor
some other in firmity will of
themselves dissolve the partnership
without some action taken, and to
secure a decree, the lunacy or malady
must be clearly established. A
temporary illness is not sufficient. A
partnership dissolved by death of a
partner is dissolved as to the
whole firm.
As to third persons, partnerships will
not be dissolved without notice to
them that the partnership no longer
exists, and this notice must be
actual and brought home to persons
who have been in the habit of dealing
with the firm, but as to persons who
did not have such previous dealings,
notice fairly given in the public
newspapers is sufficient. Notice is
necessary to termin tte the agency of
each partner and consequently his
power to bind the firm. It is not
necessary to give notice of the
withdrawal of a dormant partner from
the firm to any creditors who do not
know of his being a partner. Though
notice is not given, the estate of a
deceased partner will not be bound by
contracts made after the death, nor is
notice necessary where dissolution is
compelled by operation of law as in
the case of bankruptcy of a member of
the firm.
A dissolution terminates all transac
tions between the partners and be
tween them and third parties except
for the purpose of winding up the
concern and carrying out contracts
already made. The firm continues to
exist so far as is necessary to wind up
the business and complete contracts
and to convert the assets for payment
of debts and dis tribution amongst the
partners. Where there is a
disagreement or dispute amongst the
partners a receiver may be appointed
by a court of equity to wind up the
affairs and make proper disposi tion
of the proceeds. If all the partners
agree, however, and debts are all paid
and satisfied, the dissolution and
distri bution of the assets may be
made in way satisfactory to them.
Part Owners
Owners in common or jointly of the
same property; especially said of a
vessel.
Part Payment
Payment of a part of a debt due. This
satisfies the debt pro tanto, and tolls
the Statute of Limitations for the bat
ance. It will also satisfy the Statute of
Frauds in the case of sale of goods.
Part Performance
The partial carrying out of an oblig
ation to do something which will in
some cases prevent, in equity, the de
fense of informality in the making of
the contract.
Party
A person who takes part in a legal
transaction, especially in an agree
ment. The various parties are
described as "parties of the first part,"
"of the second part,'' etc.
A litigant, whether as plaintiff, de
fendant or intervenor.
One who is to be benefited or injured
by a judgment or order of a court, and
includes any person who is a party to
the record. (People's Homesite and
Housing Corporation vs. Jeremias, 73
SCRA 221)
A group of persons, organized for
political purposes, and recognized by
law in the Philippines as entitled to
no minate candidates for office. The
legis lature has the constitutional
power to regulate such political
parties, so far as they involve the
rights of a citizen freely to select his
party and to participate in its
organization.
75
Party in Interest
In the law of procedure: A party in
interest is a person who has a
beneficial interest in the result of the
action or who might be injured as the
result thereof, and who is entitled to
maintain an action.
In some jurisdictions: Evidentiary
rules prohibit a party in interest
from testifying as to transactions with
a de cedent.
One who would be benefited by the
estate, such as an heir, or one who has
a certain claim against the estate, such
as a creditor. (Ngo The Hua vs. Chung
Kiat Hua, 9 SCRA 113)
Party List System
It is a mechanism of proportional
representation in the election of
representatives to the House of
Representatives from marginalized or
underrepresented national, regional
and sectoral parties, or organizations
or coalitions thereof registered with
the Commission on Elections
(Comelec).
It is part of the electoral process that
enables small political parties and
marginalized and underrepresented
sectors to obtain possible
representation in the House of
Representatives, which traditionally is
dominated by parties with big
political machinery.
76
(http://www.chanrobles.com/republic
actno7941primer.htm)
Party Wall
A wall erected on the line between
two adjoining properties, belonging to
different persons, for the use of both
estate. In general, by statute such
walls must be built equally on both
properties at the general expense of
the owners; but, if only one owner
wishes to use it, he builds it at his own
expense, the other paying half of its
value when in the future he makes use
of it. Each owner has a right to put his
joints in it and use it for the support of
his roof and house.
Where the party wall has been built
and the adjoining owner wishes to
have a deeper foundation under it, he
may undermine the wall, using due
care and diligence to prevent injury to
his neigh bor, and if he does he is not
liable for injury that may arise. If one,
in tearing down his building, takes
down the party wall with it he must
erect another with in a reasonable
time and with the least possible
inconvenience to his neighbor. If the
wall requires repairs the other owner
which, however, may not exceed his
portion of the cost of the old wall, or
of a new wall similar to the old one. If
the wall is taken down negligently so
as to injure the neighboring houses
dam ages may be recovered.
One does not have a right to put
windows in a party wall. The
adjoining owner has a right to have
the wall built solid.
Par Value
Variously termed legal exchange rate
or par of exchange, is the official rate
of exchange, established by a govern
ment, in contrast to the free market
rate. (Gonzalo L. Manuel & Co., Inc.
vs. Central Bank, 48 SCRA 533).
The ''par value'' is defined by law, and
(as in the case of the pesos) is based
upon its gold content. (Commis sioner
of Internal Revenue vs. Tan juatco, 101
SCRA 816).
In banking laws: The official rate of
exchange established by
government, in contrast to the free
market rate. It is the value as officially
defined in terms of gold or, under the
silver standard, where there was such
a standard, in terms of silver. It
signifies the amount it takes one
currency (for example, based on gold)
to buy a unit in another currency
(also based on gold), that is, how
many pieces of the unit (or their gold
content) are necessary to equal the
gold content of the other unit.
Par Value Share
In corporation law: A class of share
with specific money value that
appears on the face of the stock
certificate au thorized to be issued by
stock corpo rations under the New
Corporation Code. (Sec. 6,
Corporation Code of the Philippines)
Stated money value which appears on
the face of the certificate. Such shares
may not be originally issued by the
corporation for a consideration less
than the par or issued value of said
shares.
Pass
To transfer, as in the case of title to
property of any kind; or, intransitely,
to be transferred, as in the phrase, "the
title passes'' or ''the estate passes.''
To accept as valid or to allow, a report
or an account. With the preposition
"on" or "upon," it is equivalent to '
a 'decide' ' or ' 'determine. ''
Passage
The privilege of transportation or
transit, especially by water.
The voyage itself, especially by water.
The money paid for passage.
Passenger
One who is carried by a public carrier
from one place to another, whether for
consideration or without it. The
master, mate and crew of a ship and
the train personnel of a railroad or
monorail, are not included in the term.
The laws relating to common carriers
determine the rights, privileges and
duties of passengers, with respect to
tort and contract obligations. A quest,
77
e.g., in an auto mobile, is not generally
considered a passenger.
A passenger is a person who under
takes with the consent of the carrier to
travel in the conveyance provided by
the latter, otherwise than the service of
the carrier as such.
Necessity of contract: A contract,
either express or implied, is generally
viewed as essential to the creation of
the relationship of carrier and
passenger. The basic requirement of a
valid contract should accordingly, be
fully satisfied, whether its origin is in
the acts of the parties or in
relationship that the law creates upon
the ground of public policy.
Tickets: Bills of lading or tickets in the
case of transportation of passengers
may be different, one for persons and
another for baggage, but all of them
shall contain the name of the carrier,
the date of shipment, the points of de
parture and arrival, the price, and
with regard to baggage, the number
and weight of the packages, with any
other indication which may be
considered necessary in order to easily
indemnify them. (Article 352, Code of
Commerce.)
The relationship of carrier and pas
senger is not terminated if the passen
ger returns to the bus to get a piece of
baggage left therein. (La Mallorca vs.
Court of Appeals, 17 SCRA 739.)
78
Diligence required of common car
riers of passengers: Common carriers,
from the nature of their business and
for reasons of public policy, are bound
to observe extraordinary diligence for
the safety of the passengers transport
ed by them, according to all the
circumstances of each case. (Article
1733, Civil Code.)
A common carrier is bound to carry
the passengers safely as far as human
care and foresight can provide, using
the utmost diligence of every cautious
persons, with a due regard for all the
circumstances. (Article 1755, Civil
Code)
The extraordinary diligence required
of common carrier is calculated to pro
tect the passengers from the tragic
mis haps that frequently occur in
connec tion with rapid modern
transportation. This high standard of
care is impera tively considered that
every person must in every way be
safeguarded against all injury. (Report
of the Code Commission, pp. 35-36)
The present Code introduces into
Philippine Law the Anglo-American
principles on common carriers. The
nature of the business of common car
riers and the exigencies of public
policy demand that they observe
extraordina ry diligence. With the
modern development of science and
invention, transportation has become
more complicated and hazardous, so
that the public is forced to trust all the
more in the utmost diligence and
foresight of common carrier, whether
by land, sea, or air. The extraordinary
diligence imposed by the present code
on common carrier is but -justification
of the ancient principle that the well-
being of the people is the supreme
law. (Report of the Code Commission,
pp. 65-67)
See also Common Carriers.
Passenger Automobiles
All pneumatic-tire vehicles of types
similar to those usually known under
the following terms: touring car, com
mand car, speedster, sportscar, road
ster, jeep, cycle car (except motor
wheel and similar small outfits which
are classified with motorcycles),
coupe, landdaulet, closed car,
limousine, car briolet and sedan.
Motor vehicles with changed or re
built bodies, such as jeepneys, jitneys,
or station wagons, using a chassis of
the usual pneumatic-tire passenger
au tomobiles type, shall also be
classified as passenger automobiles, if
their net allowable carrying capacity,
as deter mined by the Commission of
Land Transportation, does not exceed
nine passengers and if they are not
used and primarily for carrying
freight or mer chandise.
The distinction between ''passenger
truck'' and ''passenger automobiles''
shall be that of common usage;
Provid ed, that a motor vehicle
registered for more than nine
passengers shall be classified as
"truck"; And, provided, further, That a
truck with seating com partments at
the back not used for hire shall be
registered under special ''S''
classifications. In case of dispute, the
Commissioner of Land Transportation
shall determine the classification to
which any special type of motor
vehicle belongs. (Article II, Section
3[b], Land Transportation and Traffic
Code.)
Passim
Lat. Scattered.
A term used to express the fact that a
word or provision occurs in many
places in the same statute, or book.
Passional Obfuscation
There is passional obfuscation when
the crime was committed due to an
un controllable burst of passion
provoked by prior unjust or improper
acts, or due to a legitimate stimulus so
powerful as to overcome reason. But
passional obfuscation is not mitigating
if the accused was actuated more by a
spirit of lawlessness and revenge
rather than any sudden and legitimate
impulse of natural and uncontrollable
fury. Where the policeman came to
arrest him, the anger and indignation
of the accused resulting from the
arrest cannot be considered passional
obfuscation.
The son's annoyance at his mother for
her failure to prepare his meal does
not amount to obfuscation that would
79
mitigate his liability for parricide (he
strangled her). The obfuscation must
be caused by an unlawful act. An
order made by the constabulary
soldiers that the palay on the disputed
land should be deposited with the
barrio Lieutenant is not an unlawful
order that should cause obfuscation.
Acting on the im pulse of anger was
considered mitigating in libel.
Obfuscation cannot be mitigating if
the cause of the loss of self-control
was trivial and slight as when the
victim failed to work on the hacienda
of which the accused was the overseer
because said victim had been
confessed in anticipation of his
marriage; or where there was a breach
of contract for the hire of a boat; or
where the accused was in des pair
because he was broke; or where the
killing was the offshoot of land
trouble; or where the two accused saw
their uncle picking fruits from a tree
claimed by them; or where the victim
made this chance remark: ''What of it
if you throw away the water I can also
get water as easily as you can?' '
Passive
A term applied to bonds or deben
tures to indicate that they bear no
interest.
Passive Satellite
An earth satellite intended to transmit
adio co munication signals by re
flectiOn. (Article 1, Section 2-A, Radio
Regulations.)
80
Passive Solidarity
Where solidarity exists among the
debtor, i.e., each debtor may be com
pelled to pay the whole obligation to
the common creditor. This may
likewise exist although the debtors
are not bound in the same manner
and by the same periods and
conditions. Hence the creditor may
proceed against any one of the
solidary debtors or some or all of
them simultaneously except in the
case of judicial bonds. The demand
made against one of them or the
pendency of a claim against one of the
debtors or the death of one of the
debtors or the death of one of the
solidary debtors, shall not be an
obstacle to those which may sub
sequently be directed against
the others, so long as the debt
has not been fully collected.
Passive Trust
A trust which has become a naked
trust or bare trust, i.e., in which the
trustee no longer has any active duty
to perform.
Also called a dry trust.
Passports
A passport is an official document of
identity and nationality issued to a
per son intending to travel or sojourn
in foreign countries.
The issuance of passports is essen
tially the functions of the Foreign
Office of a State; however, today most
countries authorize their consuls
abroad to issue passports. In
exceptional cases, diplomatic officers
may also do so. The various types of
passports commonly used are:
Diplomatic passpots: Issued to am
bassadors, ministers, officers of the
Foreign Service and other persons
hav ing a diplomatic status, and
members of their immediate families.
Special passports: Issued to Govern
ment officials who do not have diplo
matic status and members of their im
mediate families; and
Regular passports: Issued to private
persons who are eligible to apply for
them under the laws and regulations
of the country.
Some States issue other types of
passports besides those mentioned
above for particular purposes. For ex
ample, in the United States system
there are the so-called:
Service passports: Issued abroad by
designated officers of the Foreign
Serv ice to American citizens or
nationals who owe allegiance to the
United States; and Dependent
passports: Issued for use in connection
with the bearer's visit or residence
abroad as a dependent of American
military, naval, air or civilian
personnel on active duty outside the
continental limits of the United States.
There are other kind of passports
which is issued in time of war. It con
sists of a written permission given by
a belligerent to enemy subjects or
others entitling them to pass
unmolested with in his territory or
enemy territory occu pied by him.
The statement that the Foreign Of fice
of a certain government' 'has hand ed
the ambassador of----his pass ports''
simply means that the receiving State
has ordered the ambassador to leave.
Fonnerly, recervmg govern ments
actually issued passports to for
eigners, which served as their entry
and exit visas. So when a host govern
Inent handed an ambassador his exit
passport or visa, it was tantamount to
telling him that the government
wanted him to leave. Nowadays, this,
of course, is no longer done but the
expression, ''handling the ambassador
his pass ports'' is still sometimes used
figuratively.
Past Consideration
An act done not in exchange for any
promise and which is not good
consid eration for a subsequent
promise. In certain cases past
consideration is valid consideration.
Generally, a written promise to pay a
debt barred by the statute of
limitations or by discharge in
bankruptcy will revive the obligation.
81
Past Due
A debt which existed before a note
was made promising to pay it or
before property was transferred to
secure it or to satisfy it. The existence
of a past debt makes the transferee a
bona fide purchaser unless he knows
of any defect in the property
transferred.
Pasture
Pasturage: The right of grazing cattle
in a particular place.
The place which is employed for
grazing cattle.
Patent
As an adjective: Applied to some thing
apparent on the face of an instru ment,
as an ambiguity or an error.
As a noun: An exclusive right to an
invention throughout the Republic of
the Philippines granted to the
patentee) his heirs or assigns for the
term there of. (Sec. 20, R.A. 165, as
amended)
Paterfamilias
Lat. Father of the family.
In Rornan law: A man ''sui juris'
whose father, under whose potestas
(paternal power) he was born, has
died, or one who has been
emancipated by his father.
82
At the common law: The term is
loosely used in the sense of a father
act ing as head of his family. The term
has no legal significance at common
law except as a variant for "father" or
''husband.''
Paternity
The civil status of a father in relation
to the children begotten by him. In a
sense, it is also used to designate the
civil status of a mother in relation to
the children begotten by her. The
matter of paternity and filiation is
governed by Title VIII of the New
Civil Code.
Patria
Lat. Country.
The word used, when procedure was
in Latin, to describe the jury. "Ponit se
super patriam;"- "He puts himself on
his country.''
Patria Potestas
Lat. Paternal power.
At Roman law: The almost unrestrict
ed power which a man, a
paterfamilias, had over his children or
descendants. It extended to the power
of life and death, of selling into
slavery, and included the title to all
property acquired by children or
descendants. Unless forn1ally sur
rendered by emancipation, it lasted till
the death of the pater familias, no
matter how old the children were. If a
man having sons and grandchildren
died, the grandchildren came under
the potestas of their father. Abuse of
patria potestas was checked by
custom and, in later Roman law, by
specific legal pro visions.
At the common law: The term is used
loosely for the rights of a father over
his minor children.
Patrimonial Properties
Article 422 of the Civil Code states
that "[p]roperty of public dominion,
when no longer intended for public
use or for public service, shall form
part of the patrimonial property of the
State." It is this provision that controls
how public dominion property may
be converted into patrimonial
property susceptible to acquisition by
prescription.
Land, which is an immovable
property,10 may be classified as either
of public dominion or of private
ownership.11 Land is considered of
public dominion if it either: (a) is
intended for public use; or (b) belongs
to the State, without being for public
use, and is intended for some public
service or for the development of the
national wealth.12 Land belonging to
the State that is not of such character,
or although of such character but no
longer intended for public use or for
public service forms part of the
patrimonial property of the State.13
Land that is other than part of the
patrimonial property of the State,
provinces, cities and municipalities is
of private ownership if it belongs to a
private individual. (G.R. No. 179987,
Heirs of Mario Malabanan, vs.
Republic of the Philippines)
Patrimonial Sea
In International law: There is now a
growing number of states asserting
jur isdiction over what they call the
exclu sive economic zone or the
patrimonial sea, which extends two
hundred naut ical miles from the coast
or the base lines. All living and non-
living re sources found therein are
claimed to belong exclusively to the
coastal state.
The concept of the patrimonial sea
was adopted in the Declaration of
Santo Domingo, by the Carribean
states, in 1972, the General Report of
the African States Regional Seminar
on the Law of the Sea, held in
Yaounde in 1972, and the Addis Ababa
Declaration of 1973, adopted by the
council of Ministers of the
Organization of African Unity, and
has also been formally proposed by
Kenya. However, it has not yet been
re cognized as a rule of international
law.
It will be so, though, if the new Con
vention on the Law of the Sea is rati
fied.
83
Patrimony
The entire sum of all the hereditary
rights of any person, after it has come
into his possession.
Patron
At Roman law: A man who has eman
cipated a slave. Many rights remained
in a patron over his emancipated slave
(libertus), especially rights of inherit
ance and a claim to certain dutiful
services.
Pauper
Properly, the Latin term for a poor
man. This is the sense in which it is
used in the phrase in forma pauperis.
A person so poor that he must be
supported at public expense. (Acar vs.
Rosal, 19 SCRA 625).
Also a suitor who, on account of
poverty, is allowed to sue or defend
without being chargeable with costs.
(Ibid.)
An indigent when referring to suits in
forma pauperis. (Ibid.)
As applied to statutes or provisions on
the right to sue: An applicant for leave
to sue in forma pauperis need not be a
pauper; the fact that he is able bodied
and may earn the necessary money is
no answer to his statement that he has
no sufficient means to pro secute the
action or to secure the costs. (Ibid.)
84
As distinguished from indigent: The
difference between ''paupers'' and
"indigent" persons is that the latter
are persons who have no property or
source of income sufficient for their
support aside from their own labor,
though self-supporting when able to
work and in employment. (Ibid.)
Pauperis, In Forma
Lat. A phrase used for the right to
bring an action or any other
proceeding at law or equity without
paying the legal fees or by paying
only a nominal fee. Motions to be
permitted to proceed in this way will
be granted if supported by evidence of
poverty. This generally fixed by court
of rule or statute.
Pauper Litigant
One who is authorized by the court to
prosecute his action or defense as a
pauper upon a proper showing that
he has no means to that effect. (Section
22, Rule 3, Revised Rules of Court)
Pawn
To lend money on the security of per
sonal property.
The act of pledging property as secu
rity for a loan.
Pawnbroker
A person licensed to lend money on
the security of personal property
pledg ed to him. He is permitted by
law to charge interest greatly in
advance of that which other lenders
may charge, but he is subject to strict
policy regul ation. If the pawned
articles are notre deemed they may be
sold, under spe cial statutes, without
being offered to the highest bidder.
The price may not be more than the
money loaned and accrued interest.
Pax Ecclesiae
Lat. A proclamation of the Church
during the Middle Ages which
forbade fighting in the vicinity of
church build ings, or against clerics,
pilgrims, mer chants, women or
peasants.
Payable
Applied to debts which are due at
once or at a specified future time.
Payee
The person to whom a promissory
note or other debt is payable.
Payment
Means not only the delivery of money
but also the performance, in any other
manner, of an obligation. The legal
meaning of payment is broader than
the ordinary meaning since the latter
is lim ited merely to the delivery of
money due. There is therefore
payment in all kinds of obligation,
whether to give, to do or not to do.
Characteristics of payment: (1) integ
rity of payment, i.e., that the thing or
service in which the obligation
consists has been completely
delivered or ren dered as the case may
be; (2) identity of payment, i.e., that
the very thing or service or abstention
must be rendered or delivered; and (3)
indivisibility of paymentt, i.e., no
partial payment or performance is
allowed.
Recompense: Payment must be made
by money unless there is an
agreement to accept something else,
and the payee may insist upon having
legal tender money. The creditor
waives this right, however, and
anything he accepts in satisfaction will
be considered pay ment. If one agrees
to pay a debt in stock, but fails to do
so at the time agreed upon, upon
demand being made, the indebtedness
then becomes due in money. Though
Bank of Indone sia notes are legal
tender in Indonesia, bank notes are
not legal tender in the Philippines. Yet
by common usage they are regarded
as cash and effect pay ment when
accepted.
Giving a check is not considered pay
ment, that is, does not cancel the debt
until paid or collected, and the holder
may treat the check as a nullity if he
derives no benefit from it, provided he
85
has not been guilty of negligence in
holding it until the bank on which it is
drawn has failed or until in other
man ner loss is caused to the drawer
thereof.
Payment in forged bills or counterfeit
coin is generally a nullity unless it is
agreed that specific money be
accepted when the goods are sold or
the debt is contracted, but the false
money must be returned promptly or
within a rea sonable time. Payment to
a bank by its own note which is
received as cash and passed to one's
credit is good payment. If a bill of
exchange or promissory note is
accepted as payment it will be good as
such, but it will not effect payment,
unless it is shown that such was the
in tent of the parties, until the money
is collected thereon. Giving one's own
note for the amount of a debt he owes,
in general, does not nullify the debt
for which it is given. That is, it is not
pay ment unless it be so expressed. In
the sale of goods if the note of a third
per son is accepted for the price it is a
good payment. It is otherwise,
however, if the note is that of one of
the partners in payment of a
partnership debt. Gen erally, too, it
may be said that if at the time of sale it
was agreed that payment was to be
made in notes, a note given
accordingly will effect payment and
dis charges the original debt, but if
the note was received as a mere
accommo dation to the purchaser
there will be no payment, and the
creditor may retain the note until due
86
and sue upon it or may sue
immediately upon the original
indebtedness after it becomes due.
Payment may be made through a
third party. Where betting is not
illegal, money deposited with a stake
holder may be paid to the winner. If
illegal, the depositor may reclaim the
money at anytime before it is paid
over, or give the stakeholder notice
not to pay and hold him responsible if
he does. If one owes another and gives
the money to a third person to pay to
the other, the right to the money
becomes vested in the creditor and the
debtor cannot re cover it back from
the third party. If both the debtor and
creditor agree with the third party that
the last named shall do the paying
instead of the debtor, this is payment
as to the debtor and re leases him, and
the third party takes his place as
debtor.
A legacy may operate as payment of a
debt if the creditor authorizes the
debtor to send money in payment by
letter and he does so this would
operate as a payment. If the money is
lost the loss will be the creditor's but
the debtor must exercise care in
sending it.
A receipt is only prima facie evidence
of payment and it is permissible to
show that it was given by mistake,
and that notwithstanding the receipt
the money was not paid. The receipt
for the last year's or quarter's rent is
prima facie evidence of the payment
of all rents previously due, and in
fact the receipt for any periodical
payment is prima facie evidence of the
payment of all periodical payments or
installments previously coming due.
Possession of an accepted bill of ex
change by the acceptor, or a note by
the drawer, is prima facie evidence of
the payment thereof. Irrespective of
the bar of the various statutes of
limitation, a debt will be presumed to
have been paid after twenty years,
even if in the form of a judgment or
mortgage or if evidence by an
instrument under seal. This
presumption, however, may usually
be rebutted by evidence that the debt
has not in fact been paid. The lapse of
time shifts the burden of proof as to
payment from the debtor to the credit
or. A judge may even infer payment
from a shorter lapse of time if there be
circumstance favoring the
presumption.
An agent may make payment for his
principal and an attorney-at-law may
discharge the debt against his client.
Payment may be made to an
authorized agent of the creditor, but
generally if made to the agent it must
be in money in order to bind the
principal, but if he takes goods
without authority, even slight,
subsequent acts of acquiescence will
be deemed a ratification. If the
payment is made in the ordinary
course of business to an agent without
notice requiring the payment to be
made to him self, this is binding upon
the principal, and payment to any
third person whether agent or not by
direction of the principal will bind.
Payment to a broker or factor who
sells for a principal not named is
good. Payment to an attorney is as
effectual as payment to his client, and
an attorney of record may even
discharge and satisfy a judgment for
his client, but an agent appointed by
the attorney to collect may not.
If a sheriff collects money on execu
tion he may pay it to an attorney for
his client, but not if the power of
attorney to act as such has been
revoked and the sheriff has notice.
Payment to one part ner extinguishes
the debt either before or after
dissolution of the partnership.
Payment to the creditor's wife will not
discharge the debt unless she is his
agent. The mere. fact that one is an
auc tioneer to sell real estate does not
au thorize him to receive a receipt for
the purchase money. Payment to one
of several joint creditors or to one of
sev eral executors is sufficient.
Payment should be made at the exact
time agreed upon. If this is not done
in terest will be allowed thereafter by
way of damages. If payment is to be
on a future date nothing can be
previously demanded, and if there is a
condition precedent to the liability,
the condition must be performed
before payment can be exacted. The
debtor cannot require the creditor to
receive payment before the debt is
due. Payments must be made at the
place agreed upon unless changed by
87
the consent of both parties. If no place
of payment is mentioned the debtor
must seek out the creditor to pay him.
The creditor may require payment of
his whole claim at one time, unless
there is a stipulation for payment in
parts, and may refuse part payment.
If a payment is erroneously made
under a mistake of fact it may be re
covered back, but a mistake as to one's
legal liability under an admitted state
of facts furnishes no grounds for
recovering back money paid
voluntarily under a claim that it was
owing. This latter rule does not hold
good, however, in some jurisdictions
where the law is more liberal to the
mistaken party. In this connection it
may be said that laws of another
country are matters of fact rather than
law. Hence, a payment made under
mistake as to what is the law in
another country could be re covered
back. If one ignorantly pays a public
officer fees which he is not entitled to,
and the officer does not inform him of
the fact, the money may be re covered
back.
If payment is made by letter, in gen
eral it may be said that the debtor is
discharged, though the money does
not reach the creditor.
If one owes another on two distinct
accounts, he may direct any payment
that he makes to be applied to which
ever account he desires. If the debtor
thus makes no appropriation of the
payment to a particular debt, the
creditor may then apply it as he
desires. If one of the two debts is
88
barred by limitation (out of date), the
creditor may apply it to the debt so
barred unless the debtor has applied it
to the other debt, but his doing so will
not have the effect of reviving and
putting new life into the un paid
balance of the debt which was bar red.
If the debtor in making the payment
enters it upon his book, as against a
particular debt and communicates the
fact to the creditor, this will be an ap
propriation, but if he does this
without informing the creditor or
without the creditor knowing it, it will
not operate as an appropriation by the
debtor, and the creditor has the
privilege to apply the payment as he
likes.
If the debtor owes one amount per
sonally and another amount as an exe
cutor, or in any other representative
capacity he will not have an election
but, must apply the payment to the
personal account unless otherwise
directed or permitted. Where either
the debtor or creditor has made an
appropriation of the money to a
particular debt, the law will apply it in
accordance with justice and equity
and this will usually be to the most
precarious debt, unless there is some
reason to the contrary. Where,
however, one debt is a mortgage will
be first paid on the ground that it
appears more for the interest of the
debtor to have this debt discharged. If
the sum paid will exactly satisfy one
of the debts. it will be applied to that
one on the presumption that such was
the intention.

If one debt is absolute and the other
contingent, as where the creditor is a
surety or an endorser for the debtor in
a note not yet paid,. the payment will
be applied to the absolute debt unless
the debtor directs otherwise. If a
partner ship is indebted to one, and a
partner who is also indebted to the
same person makes a payment from
partnership funds, without
designating the debt to whic.h it shall
be applied, it must be applied to the
partnership debt.
Payment For Honor
In Negotiable Instruments law:
"Payment for honor" may be made not
only Y a stranger but also by a party
to the bill. The drawer of a check
which had been dishonored and
protested has the right to intervene
and pay it to pro test for his honor. It
may even be made by a drawee after
he has refused to accept the bill. In
order to operate as payment for honor
supra protest and not as a mere
voluntary payment, it must be attested
by a notarial act of honor which may
be appended to the protest. (Sees. 171
& 172, Negotiable Instruments Law)
Payment into Court
Money paid into court by direction or
leave of court upon application of the
party owing or holding it where the
per son entitled will not accept it, or
his whereabouts is unknown, or
where dif ferent parties are claiming
it, or where there is no one qualified to
receive it. When so paid the party
paying escapes further responsibility
with respect thereto, and divests
himself of all right to withdraw the
money except by leave of court.
Sometimes where suit is brought for a
given amount the defendant admits
that a smaller amount is due. Such
smaller amount with all costs accrued
may be tendered by the defendant to
the plaintiff and, if not accepted by
him, may be paid into the court, the
object being to escape payment of any
further costs in case the plaintiff fails
to recover more than the amount
tender ed. By such payment into court
the de fendant admits conclusively all
that the plaintiff will be obliged to
prove in order to recover the amount
so paid. He admits that the amount is
due in the manner alleged in the
plaintiff's declar ation or statement.
Payment not Extended
In Tax law: Where a deficiency, or any
interest assessed in connection
therewith, or any addition to the taxes
provided for in section one hundred
twenty is not paid in full within thirty
days from the date of the notice and
de mand from the Commissioner,
there shall be collected as a part of the
taxes, interest upon the unpaid
amount at the rate of one per centum a
month from date of such notice and
demand until it is paid. (Section 20,
National Internal Revenue Code)
Payroll Period
89

In Tax law: A period for which a pay
ment of wages is ordinarily made to
the employee by his employer, and
the term ''miscellaneous payroll
period'' means a payroll other than a
daily, weekly, bi-weekly, semi-
monthly, quarterly, semi-annual, or
annual period. (Article 1, National
Internal Re venue Code)
A period for which a payment of
wages is ordinarily made to the em
ployee by his emplcyer.
Pay To Cash Or Order
In Negotiable Instruments law: An
instrument "Pay to cash or order" is
payable to bearer and the drawee
bank may pay it to the person
presenting it without indorsement of
the drawer. However, as a matter of
banking prac tice, and as a security
measure, a bank may require the
indorsement of the drawer or of some
other person known to it and thus
avoid possible complica tions as
forgery of drawer's signature, loss of
the check by its owner or raising of
amount payable. (Ang Tek Lian vs.
Court of Appeals, 87 Phil. 383)
Peace
Dictionary meaning: The absence or
cessation of war.
In a system of power politics: Peace is
merely a negative state, i.e., the state
in which subjects of International Law
are not at war with each other.
90
Peace, Bill of
An action in equity to quiet title to
property when it is probable that
claims will be asserted by a number of
persons in separate actions. At
present time, the same result may be
reached by a bill to quiet title, or, if
several actions have already been
begun, by a petition to consolidate
them and enjoin separate prosecution.
Peace, Justice Of The
A public official having minor judicial
power. By statute his jurisdiction may
be limited to the trial of
misdemeanors, or he may only act as a
committing ma gistrate. He may also
be given power to try civil cases in
limited amounts.
Peace Officer
Person who is competent to file a
criminal complaint, a member of the
Constabulary and also who is directly
charged the preservation of peace, law
and order, whose duty to investigate
crimes and bring criminal offenders to
justice. (People vs. Barut, 89 SCRA 14)
Peculatus
Lat. Embezzlement, used occasionally
by common law writers in this sense.
Peculium
Lat. Private property.
Pecuniary Liability
Applicability: In case the property of
the offender should not be sufficient
for the payment of all his pecuniary
liabilities. The order of payment is
provided for under Article 38, Revised
Penal Code.
Non-applicability: If the offender has
no sufficient or no property, there is
no use for Article 38.
The order of payment of pecuniary
liabilities in Article 38 must be observ
ed: Thus in robbery with violence
against persons, A inflicted B serious
physical injuries and took the latter's
watch and ring worth Pl,250. As a re
sult of the physical injuries inflicted, B
was hospitalized and was not able to
attend to his works for one month. For
hospital bills he paid P500. For his fail
ure to earn his salary for one month,
he lost P300. If A, after conviction, had
only property not exempt from execu
tion worth Pl,OOO, it shall be applied
to the payment of the watch and ring,
which could not be returned, because
they are covered by the ''reparation of
the damage caused'' and it is No. 1 in
the order of payment under Article 38.
The hospital bills in the amount of
P500 and the salary which he failed to
earn in the sum of P300 are covered by
the indemnification of the consequen
tial damages'' which is only No.2 in
the order of payment.
Courts cannot disregard the order of
payment: When the respondent judge
permitted the accused to pay the P500
fine ahead and postponed the
payment of the indemnity of Pl,900 to
some other date, he obviously
deviated from the express mandates
of the law. In demnity is No.2 and fine
is No. 3 in the order of payment. What
was done was exactly the opposite of
what the law or dained. What the
court had done was to ommit the
accused to jail for a periOd not
exceeding six months. (Arti cle 39, par.
2, Revised Penal Code) upon non-
payment on the date sched uled for its
execution of the indemnity imposed
by the sentence. (Domalaon vs. Yap,
59 O.G. 6675)
There is reparation in the crime of
rape when the dress of the woman is
torn: In a case where the accused was
convicted of rape, that part of the
judg ment ordering the defendant to
pay the value of the woman's torn
garments is reparation for the damage
caused to her property and is distinct
from indemnity.
(U.S. vs. Yambao, 4 Phil. 204)
Pecuniary Penalty
The term ''pecuniary penalties'' (las
pecuniarias) in Article 89, Revised
91
Penal Code, refers to the fine and
costs. (People vs. Satorre, 72 SCRA
439)
Peddler
The term hawker is rarely used, and a
peddler may travel either on foot or in
a conveyance drawn by a horse or
don key, or in an automobile. Both
peddler and hawker are distinguished
from canvasser, drummer or solicitor
in fact that the latter merely take
orders and do not have goods with
them for immediate delivery.
In Local Tax law: Any person who,
either for himself or on commission,
travels from place to place and sells
his goods or offers to sell and delivers
the same. Whether a peddler is a
wholesale peddler or a retail peddler
of a particu lar commodity shall be
determined from the definitions of
wholesale dealer or retail dealer as
provided by this Code. (Section 3(b-l),
LocalTax Code)
purpose of resale. (Section 194(f),
National Internal Rev enue Code)
Pedigree
Descent, especially where titles to
nobility or interests in property are
con cerned. Bibles and similar books
in which family relationship is
customarily recorded, charts and
tombstones, are admitted in evidence
to prove pedigree.
Pedis Possessio
Lat. A bare foothold.
Pedophiliac
A pervert who prefers children as
sexual objects. (People vs. Santos, 85
SCRA 710)
Penal
Pertaining to punishment.

In Tax law: Any person who either for Penal Action

himself or on commission travels
from place to place in town or country An action to recover a statutory pe
and sells his goods or offers to sell and nalty, as distinguished from an action
deliver the same. Whether a peddler is to recover damages by way of
a wholesale peddler or a retail peddler compen sation.
of a particular commodity, shall be
deter mined from the definitions of
wholesale dealer and retail dealer, as
hereinbelow given in connection with
the particular commodity peddled. A Penal Clause
wholesale ped dler of manufactured
tobacco is one who sells for the

92
The penalty clause is strictly penal or
cumulative in character and does not
partake of the nature of liquidated
damages (pena sustitutiva) when the
parties agree ''que el acreedor podra
pedir, en el supuesto incumplimiento
o mero retardo de la obligacion
principal, ademas de la pena, los
daflos y perjuicios. Se habla en este
caso de penal cumulativa, a
differencia de aquellos otros
ordinarios, en que la pena es sus
titutiva de la reparacion ordinaria.
(Pa mintuan vs. Court of Appeals, 94
SCRA 556)
Penal Duty
That which imposes punishment for
an offense committed against the state,
which the executive of the state has
the power to pardon. (Hernandez vs.
Al bano, 19 SCRA 95)
In common use: This sense has been
enlarged to include under the term
"penal statutes" all statutes which
command or prohibit certain acts and
establish penalties for their violation,
and even those which, without
express ly prohibiting certain acts,
impose a penalty on their commission.
(Ibid.)
Penal Law
The same as Criminal law.
The phrase "penal law" relates (1) to
penal laws existing prior to the
Revised Penal Code, in which the
penalty was less severe than those of
the Code or (2) to laws enacted
subsequent to the Rev ised Penal
Code, in which the penalty is more
favorable to the accused.
Penal Statute
A state which imposes a penalty or
forfeiture for violation as a vindication
of public justice and not as reparation
to an individual.
See also Penal law.
Penal Sum
The amount mentioned in a contract
as a penalty for its breach. Suit for it
may be brought if it can be interpreted
as liquidated damages and not as a
penalty proper.
Penalty
The punishment inflicted for the
commission of a crime.
Any disadvantage or forfeiture im
posed by law for the doing of an act
for bidden or legally discouraged.
The sum which by contract, is to be
paid, if a contractual obligation is not
fulfilled. Unless the amount can be
con sidered as liquidated damages,
such penalties are .usually considered
void. The contractual penalty is often
called the penal sum. Such penalties
are, how ever, generally considered
valid ir;t. con struction contracts, if the
93
completiOn of the work is omitted or
delayed.
A sum of money assessed as punish
ment by statute against persons guilty
of certain offenses, which under a stat
ute can be sued for by a private person
either as a prosecutor or informer.
Penance
A punishment imposed by a religious
superior, as an evidence of penitence
or as amends for the sin committed:
The failure to submit to a duly
imposed pen ance may entail other
measures of ec clesiastical discipline.
Pendente Lite
Lat. While litigation 1s pending;
usually of administrator.
A phrase which marks the period be
tween the filing of an action and its
de termination in the trial court; or in
some instances, up to the final
determination in the appellate court or
courts. Thus, temporary alimony and
support may be granted pendente lite,
or a temporary injunction may be so
granted.
Pending
Prior to the completion or conclusion;
during
Pending The Next General Elections
For Provincial And Municipal
Officials
94
The phrase as used in Section 88 of
Republic Act No. 180, must be con
strued to refer to the general election
for provincial officials in November,
1947, which was the next ones after
cre ation or coming into existence of
the City of Dagupan on June 20, 1947,
and not to the general elections for
provin cial or municipal officials, to be
held after the organization of the
govern ment of the City of Dagupan
by Presid ential Proclamation. (Mejia
vs. Halo long, 81 Phil. 486)
Penitentiary
The general name for a prison as dis
tinguished from a reformatory. It is
the nature of the institution rather
than its name which determines
whether it is a penitentiary, as that
term may be used in a statute.
Pension
A stated allowance made to a public
or private employee who has retired
from the service in which he was en
gaged, either by reason of age or be
cause of incapacity suffered during
the service. It is taken to be
compensation for services rendered in
the past or for surrender of rights and
privileges.
In Tax law: A pension is not treated as
a gift and is taxable as income.
People
A particular organized assembly of
individuals in which, according to the
Constitution, the highest power exists.
(Sanidad vs. Commission on
Elections, 73 SCRA 333)
All persons living within the state
during the whole time of the existing
of the state. (Ibid.)
The sum of all individuals as an or
ganized group living within the state
at the same time. (Ibid.)
The organized group of individuals
living in the state with the exception
of the government. (Ibid.)
In International law: People as an
element of the state refers to the
human beings living within its
territory. They should be of both sexes
and sufficient in number to maintain
and perpetuate themselves.
Individuals of different races, lan
guages and religions very often
actually form one "people", that is to
say, the people of one state.
Per
A Latin preposition meaning
through, by means of, or Lat. By the body.
during
Per Annum
Lat. By the year; yearly.
Per Capita
Lat. By the heads, or, individually.
A phrase used to describe the fact that
persons equally entitled by descent to
the estate of an intestate each take an
individual share.
Perception
The taking or receiving of crops from
an enterprise, generally in satisfaction
of a claim. The term is taken from the
civil law, but is occasionally used in
the same sense in common law
discussions.
In the law of torts: It refers to a
persons knowledge of the
surrounding circumstances.
Perch
A term of linear measure in Great
Britain, now standardized at five and
one-half yards.
Per Contra
Lat. On the contrary; on the other
hand.
Per Corpus
Per Curiam
Lat. By the court, i.e., an opinion that
is rendered by the court as a whole,
95
and not by a single justice with whom
the other justices concur.
Perdefaltam
Lat. By default.
Per Diem
Lat. By the day; daily.
A daily allowance given for each day
he (an officer or employee) was away
from his home base. (Lexal
Laboratories vs. Nationa; Chemical
Industries Workers Union-PAFLU, 25
SCRA 668)
Per diem is intended to cover the cost
of lodging and subsistence of officers
and employees when the latter are on
duty outside of their permanent
station. (Ibid.)
A per diem usually signifies a
reimbursement of expenses incurred
in the performance of ones duties. If
employed in a statute in the concept of
remuneration, however, there must
be, to justify an additional
compensation, a specific law that so
provides. Otherwise, fidelity to the
constitutional demand against double
compensation is lacking. (Peralta vs.
Mathay, 38 SCRA 260)
Peremptory
In the Civil law: Applied to something
which removes or takes away an
96
existing claim or right. A peremptory
exception is a plea which, if sustained,
will require a final dismissal of the
action. Contrasted with dilatory plea.
At the common law: A writ or order,
like a mandamus, which requires
unqualified obedience. Contrasted
with an alternative writ.
Peremptory Challenge
Modern statutes allow peremptory
challenges in all criminal prosecutions
and fix the number for both the prose
cutory and the defendant. Under
some statutes the number of
peremptory challenges allowed
defendants jointly indicted is the
same though there were only one
defendant, while under stat utes
each defendant is allowed the
same number of challenges as
though he were prosecuted
individually. Some of these statutes
increase the number of challenges
allowed the prosecution when
the number of defendants is in
creased, while under others the prose
cution is only given additional
challen ges when the defendants are
entitled to additional challenges.
(Martelino vs. Alejandro, 32 SCRA
106)
Per Fas Et Nefas
Lat. By rightful or wrongful means.
A phrase used by extreme supporters
of the duty of an attorney to further
the interests of his clients.
Perfect
To make final; to complete.
Per Formam Doni
Lat. By the form of the gift.
Performance
The doing of an act which, in whole or
in part, is a fulfillment of an oblig
ation or is accepted as such. In the
case of a contract which, for one
reason or another, could not have
been enforced by action, performance
may have the effect of satisfying the
Statute of Frauds, or, if the contract is
rescinded, founding a claim for
restitution.
The carrying out of provisions in a
contract. Performance of a contract
must be in accordance with the inten
tion of the parties as it appears in the
contract. It is apparent that there may
be cases in which a literal, accurate
per formance may not be in
accordance with the evident intent of
the parties, in which case the evident
intent must con trol. Thus a contract
for the conveyance of real estate is not
satisfied by a mere formal conveyance.
The conveyance must in addition be
valid and give a good title, unless the
contract expres ses and defines the
exact method of conveyance, in which
case, if the me thod is actually
followed, there will be a sufficient
performance though no good title
passes. If the contract is to convey by a
"good and sufficient deed," the deed
must not merely be right in form, but
it must transfer a good title.
If a contract is severable, or may be
fairly divided into parts, and there
may be performance of one of the
parts, re covery may be had for such
part per formance. But if the contract
is entire and indivisible, there must
be, in gen eral, complete performance
before there may be recovery. Thus if
there is a contract of sale and delivery
of a large number of a given article at
an agreed price for each, and a part
only is deliv ered, recovery may be
had for those delivered with a proper
deduction for any loss the party may
have sustained by reason of a failure
to complete the contract.
Where, however, in process of re
moval by a contractor a building was
consumed by fire through no fault of
his, the contractor is entitled to
recover the value of the work already
done, al though he had contracted to
do the entire job for a specified price.
Usually, if there is a time limit within
which a contract shall be completed
and it is not completed until some
days af ter, an action may be sustained
for the price, but the party may
require a de duction for any injury be
sustained by the delay. But if the
parties state in unequivocal language
that there shall be no payment, unless
fulfillment is ac complished within the
time designated, then in case of failure
to comply no re cGvery can be had. In
97
such cases time is said to be of the
essence of the contract, though even
then if the party receives and accepts
the article after the time of delivery, it
can hardly be said that he would not
be bound to pay a reasonable amount
for it though it is less than the contract
price and though due allow ance is
made to him for loss sustained by
tardy delivery.
Where no time for the performance of
the contract is specified a reasonable
time is intended, and what is a reason
able time will depend upon the
circum stances of the case. Where a
place of delivery is designated but no
time, usually the delivery must be
made upon demand. When a given
length of time is allowed for
performance, in computing this date
when the contract was made must
usually be excluded, unless it appears
that the language of the con tract
imports a different intent. The ex
pression ''between two days'' excludes
both. Where the time of performance
under a contract happens to be on
Sun day, it may be done on Monday.
If one has undertaken to do a thing by
a given time, and by some act
distinctly incapa citates himself from
doing it at that time, the injured party
may sue at once and not await the
fulfillment of the time.
Although where one fails to perform
his part on the contract, or disables
himself from doing so, the other may
treat the contract as rescinded if he
himself has not been in default, yet he
cannot rescind the contract in its
98
entire ty if a distinct part which is
severable from the entire contract has
been per formed, for it would be
unfair that he should profit from a
partial perform ance without any
corresponding per formance or
payment whatever on his part.
Where one has contracted to do a
thing he must either do it according to
the contract before he can recover any
thing by reason of the contract, or he
must show inability to perform by rea
son of some act or failure on the part
of the other contracting party, accom
panied by a tender of performance by
himself. It is not sufficient for him to
show a mere readiness to discharge
his part of the agreement, but he must
show that he did all he could under
the circumstances. If either non-
perform ance is caused or if
performance is pre vented by the act
or fault of the other party, this will
relieve the party whose duty it was to
perform.
Where a contract provides that a thing
shall be done on notice given, the
provision as to notice should be
careful ly complied with. Where a
thing is to be done by one on
performance of an act by another, the
other must give notice to the first
party that the act has been performed.
Where a natural intervention or so
called act of God prevents
performance this will relieve a party
of responsib ility, but if the prevention
is only in part he will be relieved only
to that extent. If one is bound to
perform a future act and before the
time for doing it declares an intention
not to do it, this will not con stitute a
breach of contract unless he puts
himself in such position that it will be
impossible to perform it when the
time arrives.
Performance Bond
A contract wherein a third-party, in
exchange for a fee, secures another's
fulfillment of a contract
or performance of a duty.
Per Fraudem
Lat. Fraudulently.
Per Hoc
Lat. By an agent.
Perils Of The Sea
Risks which result directly or in
directly from sea navigation, and
which differ from the ordinary risks,
such as theft or spoiling, which exist
in all forms of transportation.
In Insurance law: Those casualties due
to the unusual violence or extra
ordinary action of wind and wave, or
to other extraordinary connected with
navigation.
A loss which is the ordinary course of
events results from any of the follow
ing: (1) Natural and inevitable action
of the sea; ( 2) Ordinary wear and tear
of the ship; and (3) the negligent
failure of the ship's owner to provide
the vessel with proper equipment to
convey the cargo under ordinary
conditions.
The insurer undertakes to insure
against peril of the sea, not against
peril of the ship.
Insurer is liable only for such losses or
damages proximately caused by the
perils insured against.
Per Incuriam
Lat. By inadvertence.
Per Industriam Hominis
Lat. By the industry of man.
Per infortunium
Lat. By misadventure.
Per, In The
The claim to title, as heir or assign,
through a person last entitled.
Period
Dictionary meaning: Period is length
of existence; duration. A point of time
marking a termination as of a cause or
an activity; an end, a limit, a bound;
conclusion; termination. A series of
years, months or days in which some
thing is completed. A time of definite
99
length. Definite, having distinct or cer
tain limits; determinate in extent of
character; limited; fixed- as definite
period. ( Capiral vs. Manila Electric
Company, L-15721, December
27, 1963)
Period to File Action
The Supreme Court deleted the clause
in Section 4, Rule 65 that permitted
extensions of the period to file
petitions for certiorari, since sixty (60)
days is more than ample time to
sufficiently prepare for filing;
Exceptions: 1. Most persuasive and
weighty reasons; 2. To relieve a
litigant from scribed procedure; 3.
Good faith of the defaulting party by
immediately paying within
reasonable time from the time of the
default; 4. The existence of special or
compelling circumstance; 5. The
merits of the case; 6. A cause not
entirely attributable to the fault or
negligence of the party favored by the
suspension of the rules; 7. A lack of
any showing that the review sought is
merely frivolous and dilatory; 8. The
other party will not be unjustly
prejudiced thereby; 9. Fraud, accident,
mistake or excusable negligence
without appellants fault; 10. Peculiar
legal and equitable circumstances
attendant to each case; 11. In the name
of substantial justice and fair play; 12.
Importance of the issues involved; and
13. Exercise of sound discretion by the
judge guided by all the attendant
circumstances. People vs. Espinosa,
721 SCRA 53.
100
Perjury
The crime of deliberately swearing
falsely, or of asserting under oath
something as true which the swearer
does not know to be true. A false
state ment by affirmation is likewise
perjury. By later statutes, whenever
state ments are required to be filed
and sign ed for many governmental
purposes, such as income tax forms, a
false state ment knowingly made is
punishable as perjury.
Swearing wilfully, absolutely and
falsely, under oath, in a matter
material to the issue. In general,
perjury may be committed in case of
a an affirmation as well. Subornation of
perjury is the of fense of procuring
another to make such false oath as
would constitute per jury in the
principal.
To constitute perjury the oath must be
taken and the falsehood asserted with
deliberation and with conscious ness
of the nature of the statement made,
for if made through inadvertence,
surprise or mistake of the import of
the question, there is no corrupt
motive. If one swears willfully and
deliberately to a matter which he
rashly believes, but which is false, and
which he has no probable cause for
believing, he is guilty of perjury. Even
if one intend ing to deceive, asserts
what may hap pen to be true, without
a knowledge of the fact, the accidental
truth of his evid ence will not excuse
him.
Before one can be convicted of per
jury it must appear that the oath or af
firmation was administered by one
having competent authority to do so
in the particular case, and an oath
before a private person or before an
officer having no jurisdiction is no
crime. The proceeding must be before
him who is in some way entrusted
with the administration of justice, and
the testimony must be in respect to a
matter regularly before him. The
assertion must be ab solute. If,
however, one swears merely he
believes that to be true which he
knows to be false it will be perjury;
and it is immaterial whether the
testimony is given voluntarily or in
answer to a question.
Another necessary element in per jury
is that the oath must be material. to
the issue. If the facts sworn to are for
eign to the matter in question there
can be no perjury; yet even questions
on cross-examination asked for the
proper purpose of testing the credit of
the wit ness as for example whether
he has before been convicted of
felony, are considered material.
Declarations under oath on material
matters in non-judicial proceedings.
Perjury may be committed in a testi
mony made before the immigration
board of special inquiry.
Elements: (a) A statement or affida vit
upon a material matter made under
oath; (b) before a competent officer au
thorized to administer oaths; (c)
willful and deliberate assertion of a
falsehood by the offender; and (d) the
sworn statement containing the falsity
is re quired by law.
False testimony may be committed in
a sworn statement made in a prelim
inary examination which leads to the
issuance of a warrant of arrest.
Example: The law requires that a
preliminary examination of a criminal
case all the witnesses. including the
complainant, must be examined under
oath. Therefore, a sworn statement
containing a falsity made by a witness
in a preliminary examination which
leads to the issuance of a warrant of
arrest may constitute perjury.
Per Legem Terrae
Lat. By the law of the land.
Permanent Appointment
It is predicated, upon the appointee
possessing all of the qualifications re
quired by law and regulations for the
position to which he is appointed.
(Ata vs. Namocatcat, 47 SCRA 314)
A permanent appointment is issued to
a person who meets all the require
ments for the position to which he is
be ing appointed, including the
approp riate eligibility prescribed, in
accord ance with the provisions of
law, rules and standards promulgated
in pursu ance thereof. (Presidential
Decree No. 807, Section 2 [a].)
101

Permanent Disability
Permanently incapacitated from
work. (Begoza vs. Chairman,
Philippine Veterans Administration,
32 SCRA 466)
The term does not mean state of ab
solute helplessness, but inability to do
substantially all material acts
necessary to prosecution of any
occupation for re muneration or profit
is substantially customary ancrusual
manner. (Balenga vs. Government
Service Insurance Sys tem, CA-G.R.
No. 22686-R, June 22, 1960)
Permanent Total Disability
Disablement of an employee to earn
wages in the same kind of work, or
work of a similar nature that he was
trained for, or accustomed to perform,
or any other kind of work which a
person of his mentality and
attainment could do. A workman,
who; sOlely because of his in jury, is
unable to perform or to obtain any
substantial amount of labor, either in
his particular line of work, or in any
other for which he would be fitted for
the injury is totally disabled within
the meaning of the Workmen's
Compen sation Law. (Marcelino vs.
Seven-up Bottling Co. of the
Philippines, 47 SCRA 343)
An incapacity to perform gainful
work which is expected to be perma
nent. This status does not require con
dition of con1plete helplessness. Nor
102
is it affected by the performance of
occa sional odd jobs, (Ibid.)
Any impairment of mind or body ren
dering it impossible for the insured to
follow continuously a substantially
gainful occupation, without seriously
impairing his health, the disability be
ing permanent when such nature as to
render it reasonable certain to
continue through the lifetime of the
insured. (Malaysian International
Shipping Cor poration vs. Lariza, 133
SCRA 237)
Per Minas
Lat. By threats or duress.
Permissive
Applied to language in a statute
which allows certain acts or
conditions without requiring them.
This is ordina rily indicated by words
''may'' is some times used in a
mandatory sense, and, on the other
hand, peremptory lan guage like '
'shall' ' will sometimes be taken to be
merely permissive.
Permissive waste indicates that acts,
which ordinarily would be waste, are
within the rights of the tenant, if
special permission to do them is
granted.
Permit
A license to engage in certain activi
ties or business, or to practice certain
privileges.
A special privilege of a permission or
authority to do what is within its
terms. It is not in any way vested,
permanent, or absolute. It is not a
contract between the sovereignity and
the licensee or permittee, as to which
the Constitution al prescription
against impairment of the obligation
of contracts may extend. (Gonzalo Sy
Trading vs. Central Bank, 70SCRA570)
In Building law: As used in National
Building Code and its Implementing
Rules and Regulations, the principal
(building) permit and all the ancillary
or accessory permits pertaining to a
building and its appurtenances, such
as mechanical and electrical permits,
sanitary/plumbing permits, and
permit to construct a fence, sidewalks,
towers, signboards, etc.
Permit Office
In Building law: The Office of the
Building Official which under the Na
tional Building Code is the one single
office to handle the processing of
appli cations for, and the issuance of,
all kinds of permits pertaining to
build ings, both public and private,
and all other appurtenances thereto.
Per My Et Per Tout
Fr. By half and by whole. Used to de
scribe the interest of two joint tenants,
each of whom is in law the owner of
the whole estate as well as of his half
interest in it.
Pernancy
The act of receiving rents, profits or
tithes.
Pernor
One who receives rents, profits, or
tithes.
Perpetual Injunction
An injunction which is final, as dis
tinguished from a temporary InJunc
tion, which is granted to maintain the
status quo until the action is finally
de termined.
Perpetual Lease
A lease which the tenant has the
option of renewing as soon as it
expires.
Perpetuate Testimony
To secure a permanent record of
testimony of a witness, when there is a
danger that the witness will not be
available when action is brought, or
that his recollection of the facts to
which he testifies, may be impaired.
Most codes of civil procedure have
pro visions specifying the conditions
under which testimony may be
perpetuated.
Perpetuation Of Testimony
103
A person who desires to perpetuate
his own testimony or that of another
person regarding any matter that may
be cognizable in any court of the
Philip pines, may file a verified
petition in the court of the province of
the residence of any expected adverse
party. (Section 1, Rule 134, Revised
Rules of Court)
Whenever there is reasonable cause to
apprehend future litigation in regard
to a particular subject or matter and
the person threatened with or exposed
to suit himself is unable to bring the
issue to an immediate judicial
determination, or when he himself
proposes or intends to institute an
action for the purpose of establishing
his rights with respect to a particular
matter or subject, but is un able, by
reason of some legal impedi ment, to
do so immediately, a court of equity
will entertain a bill or petition to
perpetuate, by the taking and filing of
their depositions, the testimony of
wit nesses for the plaintiff who,
because of his peculiar position,
cannot avail him of such testimony in
an immediate judicial investigation
and decision of such controversy.
A petition to perpetuate testimony is
an original petition in anticipation of
li tigation and is designed to secure
and preserve testimony or evidence. It
is brought by the petitioner who
expects to be a party to an action in a
court of the Philippines but is
presently unable to bring it or cause it
to be brought.
104
Perpetuity
A condition or status which, by
arrangement between private
persons, is made to last unchanged for
an exces sively long time.
The rule to prevent the tying of es
tates and property, so as to make them
incapable of being conveyed for any
great length of time. This is the well
known rule against perpetuities. A
lim itation of property making it
inalienable for a longer period than a
life or lives in being twenty-one years
beyond, and, in case of a posthumous
child, about nine months more
allowing for the period of gestation.
Per Plegium
Lat. By a security or pledge.
Per Procuration
In Negotiable Instruments law: When
an agent signs ''per procuration," it is a
notice that he has but a limited
authority to sign and the principal is
bound only in case the agent in so
signing acted within the actual limits
of his authority. (Sec. 21, Negotiable
Instruments Law)
Per Procurationem
Lat. Signature by an agent under lim
ited authority.
Perquisite

Formerly, acquired by the holder of
copyholds, above the rents, such as
the special feudal rights, relief,
heriots, etc.
Anything lawfully acquired by an of
ficer beyond the salary or wages of his
office.
Perquisition
Anything acquired by a holder of land
otherwise than by inheritance.
Per Quod
Lat. By which.
A phrase used to introduce an alle
gation of special damages. It was used
especially in such phrases as ''per
quod servitium amisit," (Lat. "By
reason of which he [sc. the plaintiff]
has lost the services'') in actions for
the seduction of a daughter or a
servant and ''per quod consortium
amisit'' (Lat. ''by rea son of which he
[sc. the plaintiff] in actions for injuries
to a wife.'').
Per Se
Lat. Standing alone, or, in itself.
In some cases, practically equivalent
to "as a matter of law."
Person
The characteristic of a person is that
he has the capacity to appear at law to
defend his rights or prosecute his
claims. Until modern times, the extent
of this capacity varied greatly with the
status of the person. Some persons
had full capacity and some only a
limited capacity. But personally
existed, if there was any such
capacity, no matter how restricted.
Even a serf was a per son to some
extent. The only exception was that of
a slave, wherever slavery was lawful.
At the present time, every living
human being is, at common law, a
person, although there are still
degrees of legal capacity, depending
on status, on age and, in a number of
juris diction, on sex.
In a few common law jurisdictions:
Persons condemned to life imprison
rnent are declared to be "civilly dead,"
but they do not thereby cease to be
per sons in many important respects.
They may be sued at law, although
they generally may not be plaintiffs,
and various devices are used to
protect their property interest.
Human beings are called ''natural''
persons, to distinguish them from
' 'artificial'' persons or corporations.
At common law: Corporations are de
clared to be "persons at law," or "arti
ficial'' persons. As such they may sue
and be sued, and are invested with
rights and liabilities different from
those of all or any of the natural
persons who by combination form
them. To acquire the status of artificial
105
or legal personality, the group seeking
it must be incorporated, i.e., must
obtain a formal state license, which is
now obtainable upon fulfilling certain
relatively simple requirements.
Unincorporated groups, like
partnerships, clubs, churches,
societies, are given a certain limited
and restricted personality at common
law, but that is rather for convenience
than in recognition of a legal status.
In modern Civil law: While incorpo
ration is necessary for some purposes,
chiefly as a suit, may be treated as an
artificial or legal person, and the same
is true of a fund, like a foundation or
trust, or a complex of interests like the
estate of a decedent.
A being, physical or moral, real or
juridical and legal, which is
susceptible of rights and obligations,
or of being the subject of the legal
relations.
Kinds of persons and distinctions: ( 1)
A natural person or human being has
physical existence, whereas a juridical
person exists only in contemplation of
law; and (2) A natural person is the
pro duct of procreation, whereas a
juridical person is the product of legal
fiction.
In Constitutional law: Artificial or
juridical persons, such as the estate of
a decedent, as well as natural persons.
(Limjoco vs. Fraganta, 80 Phil. 776)
All persons within the territorial ju
risdiction of the state, without regard
106
to any difference of race, color, or
nationality, are protected. Aliens are
included. Corporations and
partnerships. are ' 'persons' 'within
the scope guarantees in so far as their
property is concerned.
In rules of court: The very person
named in the summon is living at the
time when the service is made, even
though he may be temporarily out of
the country at the time. (Keister vs.
Navarro, 77 SCRA 209)
As used in Section 3, Rule 110, Rules
of Court: The term refers to natural
persons only. So it was held that
corpo rations cannot be prosecuted
criminally and brought into court. The
only pro cess known to the Code of
Criminal Pro cedure after an
information is filed is an order of
arrest of the accused, and only natural
persons can be arrested. A cor
poration is an artificial being created
by operation of law.
In Local Tax law: Every physical or
moral, real or juridical and legal
being, susceptible of rights and
obligations or of being the subject of
legal relations. (Sections 3 (c-1), Local
Tax Code)
In law of Taxation: An individual, a
trust, estate, corporation, or a duly re
gistered general co-partnership.
In subdivision and condominium
buyer's protection law: A natural or a
juridical person. A juridical person
refers to a business firm whether a
cor poration, partnership, cooperative
or association or a single
proprietorship. (Presidential Decree
No. 957, The Sub division and
Condominium Buyers' Protective
Decree)
In Election law: An individual, part
nership, committee, association,
corpo ration and any other
organization or group of persons.
(Gatchalian vs. Com mission on
Elections, 35 SCRA 435)
In the absence of an expressed stat
utory provision or instruction the
word ''person'' comprehends private
corpo rations unless it appears that it
is used in a more limited sense, and
that prima facie the word ''person''
under even a penal statute which is
intended to inhibit an act, must be a
''person in law" -that is, an artificial as
well as a natural person and therefore
includes corporations if they are
within the sphere and purpose of the
statute. (Ibid.)
In Building law: Any individual, part
nership, corporation, association and
public or private organizations of any
character.
In Labor law: An individual, partner
ship, association, corporation,
business trust, legal representative, or
any orga nized group of persons.
Persona Designata
Lat. A phrase in the older terminology
used to refer to a person de scribed or
named as an individual and not
merely as a member of a class.
Person Aggrieved
The phrase "person aggrieved" is that
party ''aggrieved by the judgment or
decree where it operates on his rights
of property or bears directly upon his
interest. (Palting vs. San Jose Pet
roleum, Inc., 18 SCRA 924)
Personal
Appertaining or belonging to an in
dividual person, as distinguished
from characteristics common to a
group or belonging to property.
In Insurance law: A characteristic of
insurance contract. Each party has in
view the character, credit, and
conduct of the other.
Personal Action
An action brought to recover dam
ages suffered by a breach of contract
or by an injury to a person or to
personal property.
An action brought to recover person al
property.
One brought for the recovery of per
sonal property, for the enforcement of
some contract or recovery of damages
for its breach, or for the recovery of
damages for the commission of injury
to the person or property. (Hernandez
107
vs. Development Bank of the
Philippines, 71 SCRA 290)
Personal Chattels
Movable personal property which a
natural person may carry about with
him from place to place; as distin
guished from real chattels.
Personal Contract
A contract whose subject matter is
personal property.
Personal Cultivation
Cultivation by the lessee or lessor in
person and/or with the aid of labor
from within his immediate household.
(Section 166, Code of Agrarian
Reform)
Personal Data Sheet
Personal data sheet (PDS) is a public
document required of a government
employee and official by the Civil
Service Commission. Pagaduan vs.
Civil Service Commission, 741 SCRA
334.
Personal Doctrine
In Workmen's Compensation law: In
juries occurring on the premises
during a regular lunch hour arise in
the course of employment, even
108
though the inter val is technically
outside the regular hours of
employment in the sense that the
worker receives no pay for that time
and is in no degree under the control
of the employer, being free to go
where he pleases. This principle is
justified in part on a sort of
presumption that as long as the
employee is on the premises he is
subject to . all the environmental
hazards associated with the employ
ment, and also that although he may
be free t<:)_ go elsewhere during the
inter val, he is in some degrees subject
to the control of the employer if he
actually chooses to remain on the
premises merely by virtue of being on
the em ployer's property. (William
Lines, Inc. vs. Saiiopal, 42 SCRA 48)
Personal Injury
In Workmen's Compensation law The
term includes death and that th
deceased employee's heirs or the legal
r presentative of his estate may choose
either of the two options granted by
Workmen's .compensation law. (Gene
rosa vs. Universal Textile Mills Inc
95 SCRA 128) ' .,
In Workmen's Compensation law:
Any harm or damage to the health of
an employee, however caused,
whether by accident, disease, or
otherwise. Early Views on personal
injury concerned some definite
organic injury taking place suddenly
and forceable to a single event. Later
courts, however, gradually developed
broader conceptions of the term.
Today, personal injury is cons trued to
include functional and organic harms,
as well as disease. Under the
Workmen's Compensation Act "in
jury'' includes both traumatic ha ms as
well as sickness.
Personality
The status of being a person, natural
or artificial.
Personal Jurisdiction
In International law: The power exer
cised by a state over its nationals. It is
based on the theory that a national is
entitled to the protection of his state
wherever he may be and is, therefore,
bound to it by a duty of obedience and
allegiance. This duty follows him even
when he is outside the territory of his
state and he may not ordinarily be
excused from it unless he is prepared
to renounce his own nationality. At
that, some states do not even allow
this under the doctrine of indelible
alle giance. The fact that personal
jurisdic tion is not easy to enforce does
not, of course, detract from the legal
power possessed by the state over its
nationals abroad.
Personal Liberty
Freedom or liberty of movement,
without being subject to restraint or
imprisonment. It includes freedom
from physical restraint, the right to
make contracts, etc. The right of
personal liberty may, however, be
abridged by due process of law.
Personal Novation
Or subjective novation: May take
place in either of two ways: ( 1) by
sub stituting the person of the debtor
or (2) by subrogating a third person in
the rights of creditor. Substitution of
the person of the debtor may take
place either by expromission or
delegacion. There is expromission
when a third per son distinct from the
creditor and debtor spontaneously
assumes the obli gation of the latter,
relieving him of the same, with the
creditor accepting the change and
without any intervention on the part
of the original debtor. There is
delegacion when the old debtor
presents a third person who will
assume the obligation, relieving the
debtor of the same, and with the
change being accepted by the
creditor. Substitution of debtor may
take place even without the
knowledge or against the will of the
debtor but not without the consent of
the creditor. The consent of the
creditor may be given at any time and
need not be simultaneous with the
assent of the new debtor provided it is
made before the new debtor
withdraws his offer. The consent of
the creditor may be given in any form
and may be implied from his acts.
Should the substitution of debtor be
by expromission the insolvency of the
new debtor or his nonfulfillment of
109
the obligation will not give rise to any
liability on the part of the original
debtor whose liability is not, therefore,
revived. But if the substitution is by
delegacion, the insolvency of the new
debt-or will not as a general rule
revive the liability of the old debtor
except when said insolvency was
already existing and of public
knowledge or known to the old debtor
when he delegated his debt.
Personal Property
Things movable or separate from real
estate. It includes choses in action
such as bonds and other obligations
and debts, also most things of a
perishable character or of possible
brief duration. A crop growing in the
ground is com monly considered
personal property, and contrary to the
rule with respect to land, it may be
sold without any instru ment in
writing. Yet in a sale of the land, if not
reserved, it will go with it.
Stock in corporations is personal pro
perty even though the possessions of
the corporation are real estate. Though
trees in general are part of the real
estate, this is not true of nurseries
which are much like crops in this
respect. Bricks in a kiln are personal
property, so also are buildings where
erected on another's land with the
agreement with the landowner that
they shall not belong to him or that
they shall not be part of his land.
Mortgages and leases of land are
110
personal proper ty; so are rents,
copyrights and patent.
Title to personal property may be ac
quired in different ways as by original
acquisition by occupancy, capture in
war, or finding lost thing by accession,
by intellectual labor, as in case of
copy rights and patents, by transfer,
by for feiture, by judicial sale, by will
or through intestate laws or by gift.
A synonym for personality.
Personal Representative
The executor or administrator of a
deceased natural person. Under
certain circumstances, the heir of a
decedent may be treated as the
personal representative of the
decedent.
In wills, where such intent appears
these words are sometimes construed
to mean next of kin.
Personal Rights
The rights of a natural person to
security of life, limb, reputation,
status, or liberty, including liberty of
speech, religion, thought and
movement; as distinguished from
property rights and political rights.
Certain rights for the violation of
which the person injured may bring
suit but which may not be transferred
or assigned to another person, as
contras ted with a ''property right.''
Personal Service
In Court Procedure: When service is
made by personal delivery, it is
deemed complete and effective upon
actual deli very. From then, all the
periods of limitations shall begin to
run against the party served (Section
8, Rule 13, Rules of Court)
Under Section 7, Rule 14 of the Rev
ised Rules of Court, summons may be
served personally by handing a copy
thereof to the defendant in person or if
he refuses to receive it, by tendering it
to him. Personal service means actual
delivery or tender of the summons to
the defendant personally. (Matan
guihan vs. Tengco, 95 SCRA 478)
Personal Service Is Complete Upon
Actual Deli Very
In rules of court: There must be ac- '
tual physical transfer of the possession
of the copy of the court order from the
possession of the clerk of the court to
the counsel. In mere "tender," there is
no corporeal transfer of possession
and_hence, it is merely "constructive"
and not ''actual'' delivery. The term
"actual" means "real" in opposition to
constructive or speculative, something
existing in fact. (Andrada vs. Argel,
65 O.G. 40) - ---
Personal Service of Summons
Personal service of summons should
have been effected on the spouse and
all legitimate children to ensure that
their substantive rights are protected.
Castro vs. Gregorio, 738 SCRA 415.
Tendering summons is itself a means
of personal service as it is contained in
Rule 14, Section 6. Personal service, as
provided by Rule 14, Section 6, is
distinguished from its alternative
substituted service as provided by
Rule 14, Section 7. Manuel vs. Ong,
738 SCRA 489.
Personality
All property not classified as realty.
The distinction between the two forms
of property has its origin in feudal
England, when real property, or land,
was of the first importance in
determining social and political status.
Accordingly, the legal rules relating to
the two forms differed extensively.
Under certain circumstances, real
property may be converted into
personal property (e.g., standing
timber cut into boards) and vice versa
(bricks used to make a building).
A synonym for personal property.
Personal Union
In International law: A classification of
a State. A personal union comes into
being when two or more independent
states are brought together under the
rule of the same monarch, who never
theless does not constitute one inter
national person for the purpose of re
111
presenting any or all of them. As in
the case of Belgium and the former
Congo Free State from 1885 to 1095,
each member remains a state and an
international person, although its
external policies are directed by the
same ruler who dictates the foreign
affairs of the other components of the
union. Strictly speaking, therefore, the
personal union is not a composite
state because no new international
person is created to represent it in
international relations. This is
probably the reason why some
writers, like Moore, discuss the
personal union under the
classification of simple states.
Persona Non Grata
Lat. A person not acceptable.
In Diplomatic Parlance: An expres-
sion in reference to a diplomat who is
no longer welcome to the government
to which he is accredited after he has
already been received and has entered
upon his duties, or before arriving in
the territory of the receiving State.
Diplomats have been declared per
sonae non gratae for: mal-dng dispar
aging remarks against the host
govern ment; violating its laws;
interfering with its politics; meddling
with its do mestic affairs; using
offensive language against it;
criticising its Head of State;
committing acts inimical to its
interests or security; and similar
grounds.
112
Usually the offended host govern
ment requests the sending
government to recall the offending
diplomat. This request is normally
complied with. If it is declined the
host government simply informs the
diplomat that it would hold no further
official intercourse with him. Or, it
may summarily dismiss him.
In the past the host government ac
tually issued a passport to the foreign
envoy accredited to it to enable him to
enter and leave its territory; hence, the
expression, ' 'handing him his pass
port,'' when the government wanted
the diplomat to leave the country un
ceremoniously. This of course does
not hold true anymore but the
expression is sometimes still used
figuratively.
Personate
To profess falsely to be a person who
has an interest in litigation or is bail
for a prisoner.
To impersonate is to pretend to be
another person. If done to defraud, it
was an offense at common law.
Personnel
In common parlance: As used gen
erally to refer to subordinate officials
or clerical employees of an office or
enter prise, not to managers,
directors, or he ds thereof.
(Manalang vs. Quitoriano, 50 O.G.
2515)

Personnel Economic Relief
Allowance (PERA)
The Cost of Living Allowance (COLA)
had long been replaced by Personnel
Economic Relief Allowance (PERA)
such that there may not even be a
need for the payment as integrated of
the COLA after its replacement. Land
Bank of the Philippines vs. Naval, Jr.,
720 SCRA 796.
Personnel Action
Concept of: Any action denoting the
movement or progress of personnel in
the civil service is called a personnel
ac tion. Such an action includes
appoint ment through certification,
promotion, transfer, reinstatement,
reemploy ment, detail, reassignment,
demotion, and separation.
(Presidential Decree No. 807, Section
24.)
Persons In Authority
One directly vested with jurisdiction.
By ' 'directly vested with jurisdic
tion'' is meant the power or authority
vested in the judges to administer jus
tice, that is, to try civil or criminal
cases, or both, and to render judgment
therein in accordance with law.
''An
other" as well as "directly vested with
jurisdiction'' are two different things
which should be conferred by law.
Note
that article 152 of the Revised Penal
Code as now worded does not confine
the concept of persons in authority to
those directly invested with judicial or
quasi-judicial functions.
A division superintendent of schools
is a person in authority within the
meaning of Article 148, in connection
with Article 152 of the Revised Penal
Code. (People vs. Benitez, 73 Phil. 671)
As distinguished from agent of a per
son in authority: A person in
authority, in the words of Article 152
of the Rev
ised Penal Code is ' 'any person
directly vested with jurisdiction,
whether as an individual or as a
member of some court or government
corporation, board or commission,"
while an agent of a per son in
authority is one who, by direct
provisions of law, or by appointment
by competent authority, is charged
with the maintenance of public order
and the protection and security of life
and property as who comes to the aid
of a per son in authority. (People vs.
Carpizo, 80 Phil. 234)
Illustrations of persons in authority:
Among the persons considered
persons in authority are: The Chief
Executive, municipal and city mayors,
justice of the peace, provincial
governor, provin cial treasurer,
Director of Posts, Divi sion
Superintendent of Schools, school
teachers, election inspector, a munici
pal councilor, a judge of first instance,
a barrio captain, and a barangay chair
man.
113
Persons Protected
In Constitutional law: The equal pro
tection clause is available to all per
sons, natural as well as juridical.
Artifi cial persons, however, are
entitled to the protection only insofar
as their pro perty is concerned.
By constitutional reservation, certain
rights are enjoyable only by citizens,
such as the rights to vote, hold public
office, exploit resources, and operate
public utilities, although aliens are
comprehended in the guaranty. In
fact, ordinary statutes can validly
distin guish between citizens and
aliens or, for that matter, even
between or among citizens only.
Per Stirpes
Lat. By stocks.
A phrase used to describe the fact in
cases of intestacies, those entitled, but
in unequal degrees of relationship to
the intestate, take "by stocks," i.e.,
the children of a deceased heir take
the share he would have had. It is
contras ted with per capita.
An expression used in connection
with the descent or distribution of a
de cedent's estates, where, the parent
being dead, his children stand in his
place and take equally his share.
114
Persuasion
A synonym for religion, or member
ship in a definite religious group.
Pertinet
Having some logical relation to a
statement or allegation made, or fur
thering an argument offered.
Pertinent Cargoes
Goods or commodities which are nor
mally stored in a warehouse for safe
keeping to prevent loss or damages
and to preserve their commercial
value until withdrawn by the
importer, owner or consignee. (Wil
Wilhemsen, Inc. vs. Baluyot, 83 SCRA
38)
Petitions for Review
The petition shall be filed in seven (7)
legible copies, with the original copy
intended for the court being indicated
as such by the petitioner, and shall (a)
state the full names of the parties to
the case, without impleading the
lower courts or judges thereof either
as petitioners or respondents; (b)
indicate the specific material dates
showing that it was filed on time; (c)
set forth concisely a statement of the
matters involved, the issues raised, the
specification of errors of fact or law, or
both, allegedly committed by the
Regional Trial Court, and the reasons
or arguments relied upon for the
allowance of the appeal; (d) be
accompanied by clearly legible
duplicate originals or true copies of
the judgments or final orders of both
lower courts, certified correct by the
clerk of court of the Regional Trial
Court, the requisite number of plain
copies thereof and of the pleadings
and other material portions of the
record as would support the
allegations of the petition. (RULE 42 in
the Petition for Review From the
Regional Trial Courts to the Court of
Appeals)
Petitions for Reciew in Certiorari
A petition for review on certiorari
under Rule 45 of the Rules of Court
must contain a certified true copy or
duplicate original of the assailed
decision, final order or judgment.
Failure to comply with such
requirements shall shall be sufficient
ground for dismissal of the petition.
Macapagal vs. People, 717 SCRA 425.
Per Totam Curiam
Lat. By the full court.
Petroleum Products
Petroleum products shall refer to
products formed in the course of
refining crude petroleum through
distillation, cracking, solvent refining
and chemical treatment coming out as
primary stocks from the refinery such
as, but not limited to, LPG, Naphtha,
gasolines, solvent, kerosenes, aviation
fuels, diesel oils, fuel oils, waxes and
petrolatums, asphalts, bitumens, coke
and refinery sludges, or such refinery
petroleum fractions which have not
undergone any process or treatment
as to produce separate chemically-
defined compounds in a pure or
commercially pure state and to which
various substances may have been
added to render them suitable for
particular uses: Provided, That the
resultant product contains not less
than fifty percent (50%) by weight of
such petroleum products. (Republic
Act No. 8180 "Downstream Oil
Industry Deregulation Act of 1996.")
Perturbacion De Derecho
Sp. Legal trespass.
Perturbacion De Mero Hecho
Sp. The mere fact of a trespass.
Per Verba De Futuro; Per Verba De
Praesenti
Lat. By words regarding the future the
present.
Two phrases of the canon law taken
from Peter Lombard, Bishop of Paris
in the 12th century, distinguishing a
con tract of marriage per verba de
prae senti, in which two persons by
that con tract agree at once to be
husband and wife, from one per verba
de futuro, in which they agree to
become husband and wife at some
future time. In either cese, even
115
without a religious ceremony, neither
can validly marry anyone else.
Perverse
As applied to the verdict of a judge, it
means one that is corrupt or against
the weight of evidence.
As applied to a judgment, it means
one that is contrary to law.
Petition
An application addressed to some
governmental body, or to some execu
tive officer, urging an action lying
with in the discretion of that body or
officer. It is generally couched in
terms of pray er and entreaty, even
when the request emphasizes that
what is sought for is a moral right.
An application to the head of the state,
or to the highest authority in it, for
relief from oppressive condition. In
the Philippines, the right of petition
for the redress of grievances is one of
the Constitutional rights.
Petitioner
Designation given to the party insti
tuting an action originally filed in the
Intermediate Appellate Court (Rule
47, Sec. 1, Revised Rules of Court).
Petitory Action
An action in which title to property is
asserted against adverse claims, and a
judgment, determining the
116
title as against right to possession, is
sought. The phrase is most commonly
used in admiralty law.
Petition For Relief Of Judgment
When a judgment or final order is
entered, or any other proceeding is
thereafter taken against a party in any
court through fraud, accident,
mistake, or excusable negligence, he
may file a petition in such court and in
the same case praying that the
judgment, order or proceeding be set
aside.
A petition for relief from judgment is
an equitable remedy and is allowed
only in exceptional cases.36 It is not
available if other remedies exist, such
as a motion for new trial or appeal.
Petty
Small or trifling. Often in contrast
with "grand." The same as the French
''petet,''
Petty Treason
The crime committed by the murder
of a master by a servant or of a
husband by his wife, or of a prelate by
his eccle siastical subordinate.
Pew
A seat in a church which has become
the property right of some person.
Pews in English Churches are often
enclosed and can be entered only
through a door.
In England: It is regarded as a right in
real property, although the owner
could not maintain trespass.
In the United States: It is little more
than a license.
Pharmaceutical Products
Adulterated/Deteriorated
Pharmaceutical Products refer to
pharmaceutical products, unfit for
human consumption, following the
standards of quality or purity of
which are, as those stated in the
United States Pharmacopeia/National
Formulary and Philippine
Pharmacopeia in its latest edition or
any standard reference for drugs and
medicines which are given official
recognition as well as those provided
for in R.A. No. 3720, otherwise known
as the Food, Drug and Cosmetic
Act, as amended, and R.A. No. 9711,
known as the Food and Drug
Administration Act of 2009.
(Republic Act No. 10918)
Philhealth Accreditation
All accredited health care institutions
shall likewise put up conspicuous
signs indicating that they are
PhilHealth accredited, of size and
dimension as the Corporation may
hereafter determine. It shall be placed
outside the facility preferably beside
the spot where the facilitys name is
written. If, for any reason, the
accreditation of the institution is
revoked or suspended, the
Corporation reserves the right to place
another sign indicating the same.
(Section 72 of Republic Act 7875 as
Amended by Republic Act 9241)
Philippine Amusement and Gaming
Corporation (PAGCOR)
Philippine Amusement and Gaming
Corporations (PAGCORs) sole and
exclusive authority to restrict and
control the operation of gambling
casinos in the country cannot be said
to be absolute, but must be exercised
with due regard to the terms of its
agreement with the license. Philippine
Amusement and Gaming Corporation
vs. Thunderbird Pilipinas Hotels and
Resorts, Inc., 720 SCRA 178.
A license from Philippine Amusement
and Gaming Corporation (PAGCOR)
to operate a casino is not absolute and
unconditional as to constitute a right
in esse which the license may enforce
through a writ of injunction as a
matter of law, or treat as a property or
a property right; The license takes his
license subject to such conditions as
the grantor sees fit to impose,
including its revocation at pleasure.
Id.
Philippine Cooperative Code of 2008
117
Philippine Cooperative Code of 2008
is a declared policy of the State to
foster the creation and growth of
cooperatives as a practical vehicle for
promoting self-reliance and
harnessing people power towards the
attainment of economic development
and social justice. A cooperative is an
autonomous and duly registered
association of persons, with a common
bond of interest, who have voluntarily
joined together to achieve their social,
economic, and cultural needs and
aspirations by making equitable
contributions to the capital required,
patronizing their products and
services and accepting a fair share of
the risks and benefits of the
undertaking in accordance with
universally accepted cooperative
principles.
The primary objective of every
cooperative is to help improve the
quality of life of its members. Towards
this end, the cooperative shall aim to:
(a) Provide goods and services to its
members to enable them to attain
increased income, savings,
investments, productivity, and
purchasing power, and promote
among themselves equitable
distribution of net surplus through
maximum utilization of economies of
scale, cost-sharing and risk-sharing;
(b) Provide optimum social and
economic benefits to its members; (c)
Teach them efficient ways of doing
things in a cooperative manner; (d)
Propagate cooperative practices and
new ideas in business and
118
management; (e) Allow the lower
income and less privileged groups to
increase their ownership in the wealth
of the nation; and (f) Cooperate with
the government, other cooperatives
and people-oriented organizations to
further the attainment of any of the
foregoing objectives.
Philippine Currency
During Japanese occupation: The
Japanese military notes in circulation
in the Philippines, were legal tender
therein. In this sense, said military
notes were, therefore, Philippine cur
rency. (Pablo vs. Facundo, 44 O.G.
4414)
Philippine Economic Zone Authority
PEZA
attached to the Department of Trade
and Industry - is the Philippine
government agency tasked to promote
investments, extend assistance,
register, grant incentives to and
facilitate the business operations of
investors in export-oriented
manufacturing and service facilities
inside selected areas throughout the
country proclaimed by the President
of the Philippines as PEZA Special
Economic Zones.
(http://www.peza.gov.ph/)
Philippine Fisheries Development
Authority
The Philippine Fisheries Development
Authority (PFDA) is the government
agency mandated to strengthen the
government's developmental thrusts
in fisheries through a program that
would balance production ventures
with adequate post-harvest support
facilities.
Created on August 11, 1976. PFDA is
vested with powers and
responsibilities of promoting growth
of fishing industry and improving
efficiency in the handling, preserving,
marketing and distribution of fish and
fisheries products through the
establishment and administration of
fish ports, fish markets and other
infrastructure necessary for the
progressive advancement of the
fishing industry. Its establishment
signaled the thrust of the government
at providing modern orgranizational
and marketing framework to
supplement current and future
infrastructure development programs
in the fishing industry.
(http://www.pfda.da.gov.ph/index.ph
p/aboutus)
Philippine Government
In Constitutional law: The preamble
clearly states that the Filipino people
ordain and promulgate the
Constitution in order to establish a
Government. The Constitution then is
the fundamental law of that
Government of the Republic of the
Philippines. That Government is the
instrumentality by which the objec
tives of the people are performed. It is
the agency through which the will of
the people is given expression and
there after enforced.
In Administrative law: The corporate
government entity through which the
functions of government are exercised
throughout the Philippines, including,
save as the contrary appears from the
context, the various arms through
which political authority is made
effec tive in the Philippines whether
pertain ing to the Central Government
or to the provincial or municipal
branches, or other forms of local
government.
In jurisprudence: An institution or
aggregate of the institutions by which
an independent society makes and
carries out those rules of action which
are necessary to enable men to live in
a social state or which are imposed
upon the people forming that society,
by those who possess the power and
au thority of prescribing them.
Philippine Maritime Law
Philippine maritime law is contained
in Book III of the Code of Commerce
en titled Maritime Commerce, the
Cus toms Law found in Book II of the
Tariff and Customs Code (Republic
Act No. 1937, as amended by
Presidential Dec ree No. 34), the
Salvage Law (Act No. 2616), the
Carriage of Goods by Sea Act
(Commonwealth Act No. 65), the Qua
rantine Law (Republic Act No. 123),
119
the Public Service Act
(Commonwealth Act No. 146, as
amended) and other rel ated laws.
Philippine Mining Act of 1995 (R.A.
7942)
Philippine Mining Act of 1995 is an act
instituting a new system of mineral
resources exploration, development,
utilization, and conservation.
All mineral resources in public and
private lands within the territory and
exclusive economic zone of the
Republic of the Philippines are owned
by the State. It shall be the
responsibility of the State to promote
their rational exploration,
development, utilization and
conservation through the combined
efforts of government and the private
sector in order to enhance national
growth in a way that effectively
safeguards the environment and
protect the rights of affected
communities.
Philippine National Construction
Corporation (PNCC)
A distinguished partner in Philippine
progress and economic development,
the Philippine National Construction
Corporation is proudly known for its
landmark projects, its expertise, and
its vision.
Established in 1966, PNCC has been a
reliable and international associate in
the construction of roadway and
120
industrial infrastructure projects.
Notable architectural structures and
thoroughfares scattered all over the
land are evidences of the public's
confidence bestowed on PNCC's
competence and distinction in a wide
range of construction and engineering
activities.
The advancement brought about by
the construction of the historical San
Juanico Bridge and the first Light Rail
Transit System is an affirmation of the
construction company's capability to
introduce new construction
technology in the country.
PNCC was responsible for the
construction of an efficient tollway
network in Luzon which has brought
about the benefits of urbanization to
nearby towns and provinces and has
provided safe, fast and convenient
tollway travel.
The North and Souh Luzon Tollways,
the government's first visionary
undertaking and inceptive of the
Build-Operate-Transfer scheme,
inspired the beginning of PNCC's rise
and distinction of building and
managing the two most important
arteries of Manila and its vital links to
neighboring provinces.
Lately, the introduction of the first
ever elevated highway in the country,
the Metro Manila Skyway, is again
another illustration of the company's
inventiveness in the name of
transportation and public service.

PNCC is also known for the
extraordinary task it had undertaken
in the land reclamation and soil
stabilization of the 3,000 hectare
foreshore area along the Manila Bay
known as the Manila-Cavite Road and
Reclamation Project (MCCRRP).
PNCC's ingenuity and engineering
capability have spread far and wide
not only within the local confines but
also in the international
arena. PNCC's reputation in
excellence expanded to other
countries such as Saudi Arabia, Iraq,
Hongkong, Malaysia and Indonesia,
thus, earning the reputation of being
the biggest construction firm in
Southeast Asia.
Today, PNCC still continues to render
its commitment to excellence and
dedication to public service as a joint
venture partner in the development of
tollway extensions to link the South
Luzon and North Luzon.
(http://www.pncc.ph/)
Philippine Nationals
In investment law: (1) Citizens of the
Philippines; (2) Partnerships or asso
ciations wholly owned by citizens of
tlie Philippines; (3) Corporations
organized under the laws of the
Philippines of which at least sixty per
cent (60%) of the capital stock
outstanding and entitled to vote is
owned and held by citizens of the
Philippines; and (4) Trustee of funds
for pension or other employee
retirement or separation benefits,
where the trustee is a Philippine
nation al and at least sixty percent
(60% ) of the fund will accrue to the
benefit of the Philippine nationals.
Where a corporation and its non-Fili
pino stockholders own stock in a
regis tered enterprise, at least sixty
percent (60%) of the capital stock
outstanding and entitled to vote of
both corporations must be owned and
held by citizens of the Philippines and
at least sixty per cent (60%) of the
members of both cor porations must
be citizens of the Philip pines in order
that the corporation may be
considered a Philippine national.
Philippine Overseas Employment
Administration
-is a government agency mandated to
promote and develop the overseas
employment program and protect the
rights of migrant workers.
Philippine Tourism Authority
The Philippine Tourism Authority is a
government owned and controlled
corporation which was mandated to
administer tourism zones. Laborte vs.
Pagsanjan Tourism Consumers
Cooperatives, 713 SCRA 536
Philippine Truth Commission
The Philippine Truth Commission was
created to find out the truth about
reports of large scale graft and
121
corruption in the previous
government; to put a closure to them
by the filing of the appropriate cases
against those who were involved.
Furthermore, to deter others from
committing such crimes and to restore
the peoples faith and confidence in
the Government and in their public
servants. On July 30, 2010,
President Benigno Aquino, III set up
the Philippine Truth Commission to
find out the truth about reports of
large scale graft and corruption in the
previous government and to put a
closure to them by the filing of the
appropriate cases against those who
were involved. Furthermore, to
prevent others from committing such
crimes and to restore the peoples
faith and confidence in the
Government and in their public
servants.
(https://en.wikipedia.org/wiki/Philippi
nes_Truth_Commission)
Picketing
The marching to and from before the
premises of an establishment involved
in a labor dispute, generally accom
panied by the carrying and display of
signs, placards, or banners bearirtg
statements in connection with the
dispute.
Standing or marching before a place of
business or a public office for the
purpose of making public a labor
grievance or a protest of any kind. It
suggests to sympathizers in the case of
a labor dispute that they should not
122
do business with the firm picketed,
and, in a public matter, that efforts
should be made to redress the
grievance. Peace ful picketing in
general lawful, al though it has been
at various times held by statute and
decisions that mass picketing is
unlawful, because by its nature,
intimidation.
Secondary picketing exists when the
employees engaged in the primary
dis pute extend their activity so as to
exert pressure upon their employer's
vendee.
The term "picketing" has refuse to its
use in promoting a strike, boycott, or
some other form of industrial dispute.
The word is borrowed from the
nomenclature of warfare. As used in
connection with labor disputes, the
term has been said to mean the
establishment and maintenance of an
organized espionage upon the works
of an employer and upon persons
going to and from them. It may mean
simply the stationing of men for
observation, or for the purpose of
attempting to induce workers to quit
their employment or intending
workers not to seek employment, or
for the purpose of apprising the public
of the dispute with the employer and
influencing them to withhold their
patronage. The term "picketing" may
be used in the sense of stationing
persons for the purpose of
accomplish ing such things by
coercion or intimidation. And it may
be broad enough, it has been held, to
include acts remote from the place of
business, such as interviewing
employees on the street or at home.
Picking Rooms
In Fire law: Rooms where baled, bun
dled or piled materials are segregated
into desired sizes or groups.
Piece Of Work
A contract where a contractor binds
himself to execute a piece of work for
the employer, in consideration of a
cer tain price or compensation. The
con tractor may either employ only his
labor or skill, or also furnish the
material (Ar ticle 1713, Civil Code).
As distinguished from the contract of
labor: In the case of a contract for a
piece of work, thE> contractors under
take to perform a complete work. He
is an independent contractor whose
con tract is for a certain price payable
upon the delivery of the work (Article
1720, Civil Code). In contrast for labor,
the laborers agree to perform work or
serv ices for the employer. Hence, in a
con tract for a piece of work, the object
is the result of the work, and the risk
is borne by the contractor before
delivery (Article 1772). In contract for
labor, the object is the daily services of
laborers, and they do not incur any
risk for any loss, unless such loss be
due to their own fault or negligence.
Pier
In Building law: An isolated mass of
masonry forming support for arches,
columns, lintels, trusses, and similar
structural parts.
Piercing the Corporate Veil
Piercing the veil of corporate fiction is
an equitable doctrine developed to
address situations where the separate
corporate personality of a corporation
is abused or used for wrongful
purposes. Livesey vs. Binswanger
Philippines, Inc., 719 SCRA 433.
In jurisprudence: A rich store of ju
risprudence has established the rule
known as the doctrine of disregarding
or piercing the veil of corporate
fiction. Generally, a corporation is
invested by law with a personality
separate and distinct from that of the
persons composing it as well as from
that of any other legal entity to which
it may be related. By virtue of this
attribute, a corporation may not,
generally, be made to answer for acts
or liabilities of its stockholders or
those of the legal entities to which it
may be connected, and vice versa.
This separate and distinct
personality is, however, merely a
fiction created by law for
convenience and to promote the ends
of justice. (Laguna Transportation
Company vs. Social Security
System, L-14606, April 28, 1960; La
Campana Coffee Factory, Inc. vs.
Kaisahan ng mga Manggagawa sa
La Campana, L-5677, May 25, 1953)
For this reason, it may not be used or
invoked for ends subversive of the
policy and purpose behind its
123
creation (Emiliano Cano En terprises,
In. vs. CIR, L-20502, Feb. 26, 1965) or
which could not have been in tended
by law to which it owes its being
(McConnel vs. Court of
Appeals, 1 SCRA 722.) This is
particularly true where the fiction is
used to defeat pub lic convenience,
justify wrong, protect fraud, defend
crime (Yutivo Sons Hard ware
Company vs. Court of Tax Ap
peals, 1 SCRA 160), confuse legitimate
legal or judicial issues (R.F. Sugay &
Co. vs. Reyes, L-20451, Dec. 28, 1964),
perpetrate deception or otherwise
circumvent the law (Gregorio
Araneta, Inc. vs. Tuason de Paterno,
49 O.G. 721). This is likewise true
where the corporate entity is being
used as an alter ego, adjunct, or
business conduit for the sole benefit of
the stockholders or of another
corporate entity (Mc Connel vs. Court
of Appeals, Supra; Commissioner of
Internal Revenue vs. Norton Harrison
Co., L-7618, Aug. 31, 1964). (Cease vs.
Court of Appeals, 93 SCRA 493)
Doctrine of: The corporation is a dis
tinct legal entity to be considered as
separate and apart from the
individual stockholders who compose
it, and is not affected by the personal
rights, obligations and transactions of
its stock holders.
In the interest of justice, courts are
justified in piercing the veil of
corporate entity. When the notion of
legal entity is used to defeat public
convenience, justify a wrong, protect
124
frauds, defend crimes or as a mere
dummy, the law will regard the
corporation as having no personality
distinct and separate from its
stockholders.
Being a mere creation of law, a cor
poration may be allowed to exist only
for lawful purposes but where the cor
porate fiction is used as a cloak or
cover for illegality or fraud, or to
defeat pub lic convenience, justify
wrong, protect fraud, or defend crime,
or for ends des structive of the policy
and purpose behind its creation,
particularly where the corporation is a
close family corpo ration, the
corporate fiction will be dis regarded
and the corporation and the
individuals composing it will be
considered identical. In the
aforementioned cases, the corporate
entity will be considered only as an
association of individuals or, where
there are two entities, they will be
joined as one, the one being
considered only as part or parcel of
the other.
This doctrine is the exception to the
rule of non-assessability. Consequent
ly, stockholders may be held liable for
corporate debts even beyond their
fully paid share.
Cases where courts have ''pierced the
veil of corporate entity:" (1) A cor
poration is organized by an insolvent
debtor to defraud his creditors and he
transfers his properties to it in
further- ance of such fraudulent
purposes. (Pa lacio vs, Fely
Transportation Company, 5 SCRA
1011)
(2)When a corporation is only a
conduit of its President who
contracted for the administration and
supervision for the painting of a
factory of another corporation, and to
evade liability the first corporation
alleged that the Pre sident is only the
agent of the second corporation, the
veil of corporate entity should be
pierced when the corporation is used
as a shield to perpetrate fraud.
(R.F. Sugay, Inc. vs. Reyes, 12 SCRA
700)
(3)When a corporation functions for
the benefit of a single individual who
completely controls the funds and the
said person is the sole owner, the cor
poration is only an alter ego or
conduit of the owner and the
corporate property may be considered
the property of the owner and may be
seized in an action against him.
(Collector vs. Norton & Harrison, 11
SCRA 714; Collector vs.
University of Visayas, 12 SCRA
193;
National Marketing
Association vs.
Associated Finance Company, Inc., 19
SCRA 962)
(4) When a seller of a Certificate of
Public Convenience forms
corporation to evade his individual
contract that he ' 'shall not for a period
of ten ( 10) years from the date of this
sale, apply for any TPU service
identical or competing with the buyer,
'' the corporate entity shall be
disregarded. (Villa-Rey Transit, Inc.
vs. Ferrer, 25 SCRA 845)
(5)When sales of cars are made Cor
poration A to Corporation B which are
later sold to the public at a higher
price and it appears that both
corporations are owned and
controlled by the same taxpayer and
Corporation B was the medium
created by Corporation A to reduce its
sales tax liability under the National
Internal Revenue Code, there is
sufficient justification to disregard the
separate corporate identity of one
from the other. (Liddel and Co., Inc.
vs. CIR, 25 SCRA 632)
(5)The corporate veil shall be pierced
when a corporation is dissolved and
its assets are transferred to another
corpo ration to avoid financial liability
of the first corporation to its
employees, the same individual
controlling and owning both
companies, with the result that the
second corporation is merely a
conduit of the first. (Claparols vs. CIR,
65 SCRA 613)
(6)Where a party owns 86% of a cor
poration's stock, said party may ask
for execution pending appeal if it is
the cor poration that needs to possess
the pro perty in litis immediately. (Lu
vs. Vale riano, 111 SCRA 87)
a
Pigeonhole
To lay aside or shelve proposed legis
lation while in committee; to fail to
take action.
125
Pignus
Lat. Property pledged as security for a
debt or obligation.
Pilapiles
Or pilapil: Tg.-Made of earth and are
about a foot high surrounding the
land on which palay is planted.
(Marce lino vs. Miguel, CA-G.R. No.
14560-R, May 21, 1975)
Pilaster
In Building law: A portion of the wall
which projects on one or both sides
and acts as a vertical beam, a column,
or both.
Pilot
A person licensed after due qualifi
cation set forth in statutes or maritime
regulations, to conduct vessels into or
out of a harbor or in specific water
where special skill or experience in
navigation is required.
A person licensed to fly an airplane,
either alone or with passengers.
Pilotage
The act or business of being a li
censed pilot.
The compensation allowed a licensed
pilot for conducting a ship into or out
of a port. It is usually fixed by statute
or port regulations and half-pilotage
can be claimed, if a pilot has hailed a
126
ship, even if his services have been
refused, provided the ship is not
already provid ed with a pilot.
Pintakasi
Tg. A customary farm undertaking
whereby the barrio farm hands collec
tively plow the farm of another in con
sideration for an agreed share in the
harvest. (People vs. Aquino, 93 SCRA
772)
Pioneer Enterprise
In investment incentives law: It is a
registered enterprise (a) engaged in
the manufacture, processing,
assembly or packaging, of goods,
products, commo dities or raw
materials that have not been or are not
being produced in the Philippines on
a commercial scale or
(b) which uses a design, formula,
scheme, method, process or system of
production or transformation of
any
element, substance or raw material
into another raw material or finished
good which is new and untried in the
Philip pines, provided that the final
product involves or will involve
substantial use and processing of
domestic raw mate rials, whenever
available. (Art. 16,
P.D. 1789, Omnibus Investments
Code)
Piracy
An act of violence done on the high
seas through an attack or seizure of a
vessel by any person not member of
the vessel's complement or
passengers with the whole or part of
the vessel's cargo or equipment or
passenger's personal belongings being
seized. (Art. 122, Revised Penal Code)
Statutory piracy is piracy as defined in
the municipal law of a State. Piracy
jure gentium is piracy under Interna
tional law.
All States are authorized under Inter
national Law to seize, by means of
their public or other authorized
vessels, pirates on the open sea or any
other place outside the jurisdiction of
any State, and punish them regardless
of their nationality in accordance with
their laws. Pirates are deemed hostes
humani generis.
Robbery or forcible depredation on
the high seas, without lawful
authority and done animo furandi,
and in the spirit and intention of
universal hostil ity. Pirates are in law
hostes humani generis. (People vs.
Lol-lo, 43 Phil. 19)
Piracy is a crime not against any part
icular State but against all mankind. It
may be punished in the competent
trib unal of any country where the
offender may be found or into which
he may be carried. The jurisdiction of
piracy un like other crimes has no
territorial lim its. As it is against all, so
it may be pun ished by all. Nor does it
matter that the crime was committed
within the juris dictional three-mile
limit of a foreign State, for those
limits, though neutral to war, are not
neutral to crimes. (People vs. Lol-lo, 43
Phil. 19)
Illustration: In Lol-lo case (43 Phil.
19), two boats left matuta, a Dutch
pos session, for Peta, another Dutch
pos session. In one boat was a
Dutch.sub ject, and in the other were
eleven men, women and children,
also Dutch sub jects. The boats
arrived between the Islands of
Buang and Bukid in the Dutch
Indies. There it was surrounded by
six vintas manned by 24 armed
Moros. The Moros attacked the men in
the boats and brutally violated two of
the women by methods too horrible to
describe. All of the persons in the
Dutch boat, except the two women,
were again placed on it and holes
were made in it, with the idea that it
would be submerged. The two women
were taken to Maruro, a Dutch
possession, where they were able to
escape. Two of the Moro marauders
were Saraw and Lol-lo. The latter had
raped one of the women. Lol-lo and
Saraw returned to their home in Sulu,
where they were arrested and charged
with piracy. Held: The crime was
qualified piracy, as it was
accompanied with rape and
abandonment of persons without
apparent means of saving themselves.
Nocturnity, cruelty, ignominy and
abuse of superiority were aggravating.
Lack of instruction was mitigating.
Lol-lo was sentenced to death and
Saraw to life imprisonment.
Pirate
127
A person guilty of an act of piracy.
Pirates have no national character and
are punishable in any country where
they are apprehended, no matter
where their acts of piracy were
committed.
Piscary
The right of catching and removing
fish from waters owned by another
per son, or from common land.
It is the nature of a ''profit a prendre,"
and, like a profit, is often re ferred to
as an easement, especially when it is
appurtenant.
Placement
In diplomatic parlance: The method of
seating diplomatic guests at the
dinner table according to precedence
to avoid ruffled feelings.
Placement Fees
Placement Fee refers to any and all
amounts charged by a recruitment
agency from a worker for its
recruitment and placement services as
prescribed by the Secretary of Labor
and Employment. (Revised Poea
Rules And Regulations Governing The
Recruitment And Employment Of
Landbased Overseas Filipino Workers
Of 2016)
Placita Communia
The Latin for common pleas.
128
Plagiarism
Palming off another's idea or writ ings
as one's own.
Plagium
Plaguiarii: The offense at Roman and
civil law which resembled kidnapping
at the common law.
Plaint
An old word for complaint, the intro
ductory pleading in modern
procedure.
Plantation Agricultural Workers
Agricultural workers employed in
any plantation or agricultural
establish ment with an area of more
than 24 hec tares in a locality or which
employs at least 20 workers.
Plaintiff
One who complains or brings suit in
cluding anyone having an interest in
the subject of the action and in obtain
ing the relief demanded. (Rule 3, Sec.
2, Revised Rules of Court)
The person who brings an action at
law by filing a declaration in the com
mon law procedure, or a complaint
under code procedure. The term is
also applied to petitioners in equity,
espe cially when law and equity are
merged under code provisions or
rules of prac tice.
In many jurisdictions, when an appeal
is taken from a lower to a higher
court, the appellant, whether he was
plaintiff or defendant in the court be
low is called the ''plaintiff in error.''
Plain View Doctrine
Under the plain view doctrine, objects
falling in the plain view of an officer
who has a right to be in the position to
have that view are subject to seizure
and may be presented as evidence.34
The plain view doctrine applies when
the following requisites concur: (1) the
law enforcement officer in search of
the evidence has a prior justification
for an intrusion or is in a position
from which he can view a particular
area; (2) the discovery of the evidence
in plain view is inadvertent; and (3) it
is immediately apparent to the officer
that the item he observes may be
evidence of a crime, contraband or
otherwise subject to seizure. (Judge
Abelita III v. P/Supt. Doria, 612 Phil.
1127, 1135-1136)
Planting Rice
The setting of the palay seedlings in
the ground for growth and even
under the new tenancy law (Republic
Act. No. 1199) uprooting the seedlings
prepar atory to transplanting and final
harrow-ing does not constitute part of
the work. (Alvaran vs. Pingol, L-9201,
May 31, 1957)
Plaster, Portland Cement
In Building law: A mixture of port
land cement, or portland cement and
lime, and aggregates and other
approv ed material.
Plastics, Approved
In Building law: Plastic materials
which have a flame rating of 225 or
less.
Platform, Enclosed
In Building law: A partial enclosed of
an assembly room the ceiling of which
is not more than 1.50 meters above the
proscenium opening and which is de
signed or used for the presentation of
plays, demonstrations, or other enter
tainment wherein scenery, drops,
deco rations, of the effects may be
installed at or used.
Plea
The formal answer of the defendant in
common law pleading.
The answer of "guilty" or "not guilty' '
in an arraignment for a criminal
charge.
129
Any pleading in an ecclesiastical
count, whether the first one or subse
quent one.
Any action at law.
Plead
To file an answer to a declaration in a
jurisdiction in which common law
pleading is maintained.
To answer a criminal information af
ter arra:tgnment.
To make an argument in a court of
law.
Pleader
A barrister or advocate who argues
before a court.
Pleadings
Written obligations of the parties of
their respective claims and defenses
submitted to the court for trial and
judgment. (Rule 6, Sec. 1, Revised
Rules of Court)
At common law: The successive
statements by which litigants set forth
the statements and allegations upon
which they base their own claims or
challenge the claims of their
opponents. At common law, the
pleadings were the following: (a)
Declaration: In which the plaintiff set
130
forth the facts which consti tuted his
cause of action. (b) Which either
denied the plaintiff's statements, and
presented an issue to be tried, or else,
by confession and avoidance,
admitted the allegations or destroyed
the legal effect of those allegations. (c)
Replication (or reply): The answer of
the plaintiff to the plea, if it set up new
matter. This once more might raise an
issue by denial of the allegations or set
up a new matter to avoid the plea. A
similar course could be followed by all
the subsequent pleadings. (d) Rejoin
der: By the defendant. (e)
Surrejoinder: By the plaintiff. (f)
Rebutter: By the defendant. (g)
Surrebutter: By the plaintiff.
In theory, further pleadings were
possible, but there are no examples
known beyond the surrebutter. The
issue in this way might be narrowed
down from the general cause of action
set forth in th declaration, to a minor
incident upon which the entire contro
versy hinged.
Under the codes and practice acts
which have superseded common law
pleadings in most jurisdictions, there
are only two pleadings, the complaint
and the answer, or at most three, the
complaint, the answer and the reply.
Where there are only two, all new
matter in the answer, pleaded in
confession and avoidance, is
presumed to be denied, and the
plaintiff may on trial offer evidence to
avoid it. Where there are three, the
reply must either deny the new matter
in the answer, or present other
allegations to avoid its effect, and this
new matter will be pre sumed to be
denied by the defendant.
In both the common law and the code
system, all pleadings after the first one
(declaration or complaint) may,
instead of being peremptory-which
would raise an issue on the merits- be
dilatory, i.e., they may be demurrers,
or pleas to the jurisdiction or in abate
ment. If a dilatory plea is successful,
and there is no amendment allowed or
possible, the judgment will not be
final and the action may be
commenced over again.
Plea In Bar
A plea in confession and avoidance
which sets up a new matter to defeat
the plaintiff's claim.
Plea Of Guilty
A judicial confession of guilt-an
admission of all the material facts al
leged in the information, including the
aggravating circumstances alleged. To
be considered, it must be made
sponta neously in open court prior to
the pre sentation of evidence. It must
also be made unconditionally. (People
vs. Co mendador, 100 SCRA 155)
The offender had voluntarily confes
sed his guilt before the court prior to
the presentation of the evidence for
the prosecution. (Article 13[7],
Revised Penal Code)
The confession of guilt, although
subsequent to the consummation of
the crime and entirely alien to its
develop ment, constitutes a cause for
the miti-gation of the penalty, not
because it is a circumstance modifying
criminal res ponsibility already
incurred and in the evolution of which
it has not intervened absolutely, but
because, an act of repentance and
request for the law, it indicates a
moral disposition in the accused
favorable to his reform. It is clear that
these benefits are not deserved by the
accused who submits to the law only
after the presentation of some
evidence for the prosecution,
believing that in the end trial will
result in his conviction by virtue
thereof. (People vs. De la Cruz, 63
Phil. 874)
Undoubtedly, the legislator's pur pose
in establishing such a mitigating
circumstance was to encourage
repent ance, which not only enables
the soul and tends to avoid recidivism
but also saves the Government the
expenses of a trial and the judicial and
executive of ficials much trouble. He
who repents for his crime is almost
innocent, as candor is a compound of
justice and the love of truth.
Plebiscite
A direct vote of the people of a region
to determine their desideratum on a
question of great importance such as
131
the adoption of a constitution or ces
sation of territory.
A term used chiefly on the Continent
or in international law, to denote a
vote taken on some question
submitted to the people of a country.
Plebiscites are generally on important
questions of governmental
organization, and are often employed
when a totally new Constitution is
proposed.
Pledge
A form of security for a debt or obli
gation in which possession of personal
property is physically delivered to the
creditor, to be held in order to insure
payment or performance. Title to
the security does not pass to the
creditor upon breach of the obligation.
The creditor can enforce the pledge by
selling it in a manner usually pre
scribed by statute, and must account
for the proceeds. The pledge depends
on possession, and the security is lost
if possession is surrendered. If the
obli gation is performed, or if
performance is tendered, the pledged
property must be restored to the
debtor and its reten tion is a
conversion.
The property transferred as security is
itself frequently called the pledge.
To transfer possession of personal
property as security for the perform
ance of an obligation or payment of a
debt.
132
An accessory, real and unilateral con
tract by virtue of which the debtor de
livers to the creditor or a third person
personal property to guarantee with
the same the fulfillment of a certain
obligation, upon which fulfillment of
the thing pledged should be returned
to the debtor with the fruits and
accessories. Pledge is a real contract
because for its perfection, the thing
pledged must be placed in the
possession of the creditor or a third
person by common agreement and a
promise to constitute a pledge gives
rise only to a personal action be tween
the contracting parties. Third persons,
however, are not affected un less in
addition to a description of the thing
pledged and the date of the pledge
appear in a public instrument. Only
movables which are susceptible of
possession and within the commerce
of man, including incorporeal rights,
may be pledged, but in the latter case,
the negotiable instrument, bill of
lading, share of stock, bond,
warehouse receipt and similar
documents evidencing the rights must
be delivered to the creditor and if
negotiable, must be indorsed. The
indorsement and delivery, how ever,
does not transfer ownership to the
pledgee and hence will bear risk of
loss of goods represented by the docu
ments.
Plegius
Plegii: The medieval Latin term equi
valent to surety, especially in proced
ural matters.
Plenary
Full or complete; composed of all
members of a body, like a court or
council; applied particularly to the
sessions of such a body.
Plenary Suit
An action in which all the forms of the
necessary litigation are carried out in
accordance with the existing rules of
procedure; as contrasted with
summary procedure, which is usually
incidental to some other litigation and
procedure, and in which many of the
formal elements of a suit are omitted.
Plene Administravit
Lat. He has fully administered.
The technical defense of an adminis
trator or executor when he is sued for
a debt of the decedent which he
cannot satisfy out of the assets of the
estate.
Pleno Jure
Lat. With full rights.
Plenum
In Fire law: An air compartment or
chamber to which one or more ducts
are connected and which form part of
an air distribution system.
Plenum Dominium
At the Roman law: The term for "full"
or "absolute" ownership, in which
title and right of possession were
united.
Plight
To pledge, as in the expression ' 'to
plight one's troth or faith. ''
The condition which a thing or person
maybe in.
Plumbing
The system of piping, fixtures and
equipment installed in a building for
the purpose of: (1) supplying water in
desired quantities to the point of
usage, and (2) removing water and
waterborne from fixtures, equipment,
wares and appliances. It is thus clear
that water closets are classified more
appropriate ly as ''plumbing
installations'' or fix tures. (Norton &
Harrison Co. vs. Lac son. CA-G.R. No.
23560-R, November 26, 1963)
Plurality
A larger number than another num
ber with which it is compared. In
nearly all elections, a plurality is the
largest number cast for a candidate'
whether it is a majority of all the votes
cast or not.
Plurality Of Crimes
133

There is plurality of crimes or "con
curso de delitos'' when the actor
commits various delictual acts of the
same or different kind. (Gamboa vs.
Court of Appeals, 68 SCRA 308)
Pluries
Lat. Several times.
At common law: The writ that follows
when the original writ and two alias
writs have been without effect.
Poach
To kill or catch game or fish by tres
passing on the property of some other
person. It was a crime at common law,
but was not, properly speaking, theft,
since the owner of the property did no
own the wild animals or birds
roaming or flying over it.
Poacher
One who poaches.
Poblacion
Sp. The center of a municipality.
Pocket-Judgment
A popular name for a statute-mer
chant which could be executed
without judgment when overdue.
Pocket Veto
134
When the President fails to take posi
tive action on a bill, and retains it for a
period of ten days at the end of which
the Congress has adjourned, the bill is
automatically vetoed.
POEA Standard Employment
Contracts (POEA-SEC)
Deemed incorporated in every
seafarers employment contract,
denominated as the POEA-SEC or the
Philippine Overseas Employment
Administration-Standard
Employment Contract, is a set of
standard provisions determined and
implemented by the POEA, called the
Standard Terms and Conditions
Governing the Employment of
Filipino Seafarers on Board Ocean
Going Vessels, which are considered
to be the minimum requirements
acceptable to the government for the
employment of Filipino seafarers
onboard foreign ocean-going vessels.
Racelis vs United Philippines Lines,
Inc., 740 SCRA 122 (2014)
Pole
A long, comparatively slender cylin
drical piece of woods or timber, as
typically, the stem of a small tree
strip ped of its branches; also, by
extension, a similar typically
cylindrical piece or object of metal or
the like. (Board of As sessment
Appeals vs. Manila Electric Company,
L 15334, January 31, 1964)
An upright standard to the top of
which something is affixed or by
which something is supported; as a
dovecote set on a pole; telegraph
poles; a tent pole; sometimes,
specifically, a vessel's mast. (Ibid.)
Police
The department of government
charged with the prevention of crime
and the detection, arrest and punish
ment of offenders.
The term "police" of the state, is a
comprehensive sense, embraces its
whole system of internal regulation
for the preservation of public order
and the prevention of offenses
against the state. (City Mayor vs.
Chief of Philip pine Constabulary, 21
SCRA 665)
An organized civil force for maintain
ing order, preventing and detecting
crime and enforcing law. (Ibid.)
Police Power
It is the plenary power vested in
the legislature to make statutes and
ordinances to promote the health,
morals, peace, education, good order or
safety and general welfare of the people.
Fernando vs St. Scholatica College, 693
SCRA 141 [2013]
Possession
Possession is acquired in any of
the following ways: (1) by the material
occupation of the thing; (2) by the
exercise of a right; (3) by the fact that
the property is subject to the action of
our will; and (4) by the proper acts
and legal formalities established for
acquiring the right. Republic vs. Ng,
692 SCRA 589 [2013]
In Constitutional law: Although there
is no express provision for police
power in the 1935 and 1973
Constitutions, it is inherent in the very
concept of the state and is a
manifestation of the exercise of
sovereignty. Police power, along with
taxation and eminent domain, is a pre
rogative enjoyed by the state. It
enables the government to perform
some of its most vital functions.
Police power, thus, is a limitation on
liberty and pro perty by the bill of
rights.
Police power has been identified with
state authority to enact legislation that
may interfere with personal liberty or
property in order to promote the gen
eral welfare.' Persons and property
could thus be subjected to all kinds of
restraints and burden in order to
secure the general comfort, health and
pros perity of the nation. It is the
power to prescribe regulations to
promote the health, morals, peace,
education, good order or safety, and
general welfare of the people. It may
include the authority to legislate so as
to increase the industries of the state,
develop its resources, and add to its
wealth and prosperity.
135
Police power usually takes the form of
regulatory measures restraining
either the rights to property or liberty.
They are necessary to avoid friction
and maintain harmony. They may be
ques tioned as violative of the
Constitution, if they do not satisfy the
standards of the due process and
equal protection. Where deprivation
or curtailment of li berty is involved,
particularly where it concerns
freedom of the mind, more care
should be exercised than in re-
straints on property.
The power to regulate the exercise of
constitutional rights is termed the sov
ereign "police" which is the power to
prescribe regulations, to promote the
health, morals, peace, education, good
order or safety, and general welfare of
the people. (Premicias vs. Fugoso, 80
Phil. 71)
Policy
The contract of insurance made by an
insurer, usually a corporation licensed
for that purpose, with a person called
the insured.
In statutory construction: The gen eral
purpose of a statute or of a whole
body of legislation, or the general pur
pose followed by the executive branch
of the government or by some
adminis trative board. The
ascertainment of this policy will be of
great assistance in in terpreting or
construing the statute.
136
Policy Of Insurance
The written instrument in which a
contract of insurance is set forth. (Sec.
49, Insurance Code)
As a distinct and independent con
tract: It is well-settled that a policy of
insurance is a distinct and
independent contract between the
insured and in surer, and third
persons have no right either in a court
of equity, or in a court of law, to the
proceeds of it, unless there become
contract or trust, expres sed or
implied, by the insured and the third
persons (Lampano vs. Jose, 30 Phil.
537). Bailee is liable for the pro perty
held by him in trust for others. (Lopez
vs. Del Rosario, 44 Phil. 98)
Insurance, therefore, shall be applied
exclusively to the proper interest of
the person in whose name or for
whose benefit it is made unless
otherwise spe cified in the policy.
Political Ad Ban
Section 9(a) of the
Commission on Elections (COMELEC)
Resolution No. 9615, with its adoption
of the aggregate-based airtime
limits unreasonable
Political Appointee
In diplomatic parlance: A non-career
person appointed envoy as distin
guished from a professional diplomat.
In England, France, Germany and the
Soviet Union the general practice is to
appoint only career men as Ambassa
dors and Ministers. In exceptional
cases, however, non-professionals
who are otherwise qualified are given
the assignments. There have been
some very successful non-career
ambas sadors, a prominent example
being Lord Bryce.
Political Committee
Any committee, association or organ
ization which accepts contribution or
makes expenditures for the purpose of
influencing or attempting to influence
the election of candidate, whether it be
a national or local committee of a
politi cal party or a branch thereof.
(Section 39, Revised Election Code)
Political Dispute
A dispute which the parties consider
as not appropriate for settlement,
through legal process.
Political Offense
The term is used to refer to such of
fenses against the states as treason
and sedition.
One of the principles of extradition is
that political offenses are not extradit
able. The baffling question is how to
distinguish political offenses from
non political offenses.
The term ''political offense'' includes
treason; sedition and espionage,
whether committed by one or more
per sons; it includes any offense
connected with the activities of an
organized group directed against the
security or governmental system of
the requesting State (i.e., the State
asking for the ex tradition of the
Offender); and it does not exclude
other offenses having a political
objective.
Political Party
An association of voters with certain
principles of government, formed to
urge the adoption and execution of
such principles in governmental
affairs through officers of like belief.
(Peralta vs. Commission on Elections,
82 SCRA 30)
Political parties result from the vo
luntary association of electors, and do
not exist by operation of law. The ele
ment of time is not essential to the
formation of a legal party; it may
spring into existence from the
exigencies of a pal(ticular election, and
with no inten tio,h of continuing after
the exigency has passed. (Ibid.)
An organized group of persons pur
suing the same political ideals in a
gov ernment. It is necessary that there
should be "an organized group." In
order that a group of persons be
organ ized, it .is. necessary that all of
them be joined in a corporate body,
articulate with the attributes of a
social personal ity. A constitution, by-
137
laws, niles, or some kind of charter is
needed so to give existence to the
organization. Some kind of
agreement, written or un written,
must exist on how the group is to
function, to be presided over and how
it is to express its collective will.
(Lagasca vs. De Vera, 79 Phil. 376)
An organized group of persons pur
suing the same ideology, political
ideals or platform of government and
includes its branches and divisions.
(Section 7, Article IV, Batas Pambansa
Big. 697.)
Acquiring judicial personality. - To
acquire judicial personality and to en
title it to the rights and privileges
here in provided for political parties, a
politi cal party shall first be duly
registered with the Commission. Any
registered political party that singly or
in coalition with others fails to obtain
at least three percent of the votes cast
to the consti tuency in which it
nominated and sup ported a
candidate or candidates in the election
next following its registration shall,
after notice and hearing, be deemed to
have forfeited such status as a
registered political party, in such con
stituency. (Ibid. )
Political Questions
Those which the sovereign has en
trusted to the so-called political
138
departments of government or has
reserved to be settled by its own extra-
govern mental action. (Sanidad vs.
Commis sion on Elections, 73 SCRA
333)
A matter which is to be exercised by
the people in their primary political
capacity or that has been specifically
delegated to some other department
or particular officer of the
government, with discretionary power
to act. In other" words, it refers to
those questions which, under the
Constitution, are to be decided by the
people in their sovereign capacity, or
in regard to which full dis cretionary
authority has been delegated to the
legislative or executive branch of
government. (Ibid.)
In determining whether an issue falls
within the political question category,
the absence of a satisfactory criterion
for a judicial determination or the ap
propriateness of attributing finality to
the action of the political departments
of government is a dominant
consider ation. (Ibid.)
The term in both legal and ordinary
parlance means a question of policy or
one to be decided by the people in
their sovereign capacity or with
respect to which full discretionary
authority has been delegated to the
legislature or to the executive branch
of the govern ment. (Taiiada vs.
Cuenco, L-10520, February 28, 1957)
In ordinary parlance: A question of
policy. It refers to those questions
which under the Constitution are to be
decided by the people in their
sovereign capacity; or regard to which
full discre tionary authority has been
delegated to the legislative or
executive branch of the Government.
(Casibang vs. Aquino, 92 SCRA 642)
Polling Place
The place where votes are cast at
public election.
A place designated by the Commis
sion on Elections where the meetings
of the board of inspectors for
registration of voters and the election
are held. (Section 62, Revised Election
Code)
Polls
The place where elections are held, in
this sense equivalent to polling place.
Special police precautions are re
quired by statute to prevent disorder
or violence at the polls, or any form of
electioneering.
A word used as the approximate
equivalent of election.
Poll Tax
A tax of a fixed amount upon all per
sons, or upon all the persons of a cer
tain class, resident within a specified
territory, without regard to their pro
perty or the occupations in which they
may be engaged. (Villanueva vs. City
of Iloilo, 26 SCRA 578)
Polyandry
Marriage of a woman to several hus
bands at the same time, with all of
whom she cohabits. The custom is
found in some tribes of Southwestern
Asia.
Polygamy
Marriage of one man to several
wives at the same time. Polygamy was
formerly the rule among nearly all the
people of Asia both civilized and un
civilized, and is still lawful among the
Chinese and those who profess
Moham medanism (Islam) who live
chiefly in Asia and Africa. It was
lawful among the Jews during Biblical
times but seems never to have existed
among either the Greeks or Romans. It
was strictly forbidden by the Christian
reli gion and was abolished among
Euro pean Jews in the eleventh
century.
In modern times, the Mormons of the
Western United States practiced poli
gamy but have abandoned it since the
admission of the State of Utah to the
Union. In all European, American and
Philippine jurisdictions, polygamy is
classified as bigamy and is nearly al
ways a severely punished felony.
139
Pontage
A duty or tax paid in lieu of rendering
personal service in making or
repairing a bridge. Such services were
imposed by customs on the residents
of certain communities and could be
compounded for in money.
A toll for the use of a bridge or road,
which was devoted to its
maintenance.
Pontibus Reparandis
Lat. A writ requiring owners of land
to repair bridges.
Pool
Any fund created by combining the
money or property or the interests of a
number of people in order to carry on
a common commercial adventure.
Any combination between competing
and independent interests in order
either to limit competition, or reduce
expenses and allocate the profits.
The persons who enter into a pooling
arrangements as above.
To enter into a pool as above.
Pooling Agreement
140
In Corporation law: Shareholders
agree to vote their shares as a unit for
the election of directors, in order to
control the management.
Poor
Needy; in want; destitute. Frequently
used to indicate the need for public
assistance.
Poor Laws
The body of statute laws dealing with
relief of the indigent poor.
Popular Action
At the common law: A suit which any
member of the public may bring to re
cover a penalty for some act forbidden
by statute.
At the older Roman law: The equiv
alent of a modern criminal action. In
the absence of a public prosecutor,
any citizen might bring an action in
the name of the people to secure the
punishment of a person accused of a
crime. A failure to convict, if the
prosecution was not in good faith,
subjected the prosecutor to the
penalty he demanded against the
accused.
Porrect
In ecclesiastical law: To tender, es
pecially when a proctor presents a bill
for cost.
Port
A place to which vessels may resort to
load or unload cargoes, or passen
gers. It is used in a variety of senses,
and may designate any landing place,
or it may cover all the geographical
approaches to a harbor. In this latter
sense, a port is an important maritime
district subject to legal regulations,
and often under a Port Authority.
Portion
The part of an estate given to a child
or other heir by descent, and some
times assigned to him before the death
of the testator.
Port Of Entry
A port where there is a customhouse.
Positive
Certain or absolute, as distinguished
from negative.
Positive Easement
One which imposes upon the owner
of the servient estate the obligation of
allowing something to be done or of
doing it himself. (Article 616, Civil
Code)
Positive Law
Law which, at a given time, has been
deliberately set by members of a so
ciety to govern their actions. This may
be done by specific enactment or by
ac cepted custom. The term is usually
contrasted with natural law, and is at
times referred to as ''revealed'' law.
Posse
As used in the phrase ''in posse,'' it is
Late Latin for "in possibility," to de
scribe things which might come into
existence as distinguished from what
is already' 'in esse," i.e., in existence.
For use of the term as calling upon the
aid of all citizens to enforce the pub lic
peace.
Posse Comitatus
Lat. The force of the country; the force
that a sheriff may call to assist him in
making an arrest.
In common law: All the male able
bodied inhabitants over fifteen years
of age of a county, who may be
summoned or deputized by the sheriff
as an enlarged police force in case of a
riot or the pursuit of a criminal.
Possession
A term used in several related senses
which are frequently confused.
141
As a complex of property rights, lim- -
ited in time and scope, and chiefly in
cluding rights of user and
exclusion. Normally, powers of
disposal or rights of misuser would
not be included, and it is generally
implied that there are, or may be,
superior rights, called owner ship or
title, in some one else.
As a term to denote the mere fact of
physical control over tangible objects.
Often loosely used as the equivalent of
ownership or title, especially in regard
to intangible.
In Civil law: The holding of a thing or
the enjoyment of a right, either by
mat erial occupation or by the fact of
sub jecting the thing or right to the
action of our will.
The holding of a thing or the enjoy
ment of a right. (Article 523, Civil
Code)
Concept of: To possess, in the gram
matical sense, means to have, to
actual ly and physically occupy a
thing, with or without right. In
general, it is the hold ing of a thing or
of a right, whether by material
occupation or by the fact that the
thing or the right is subjected to the
action of our will.
Material occupation: Possession
always includes the idea of
occupation, and except in the cases
mentioned in Article 537, Civil Code,
possession cannot exist without it. It is
not neces sary that the person in
possession should himself be the
142
occupant. The occupancy can be held
by another in his name. But it is
necessary that there should be such
occupancy or there is no possession.
Republic Act No. 4, amending Sec tion
2692 of the Revised Administrative
Code, in its pertinent provision is dir
ected against any person who
possesses any firearm, ammunition
therefor, etc. A point to consider in
this connection is the meaning of the
word ''possesses.'' This word was
employed in its broad sense so as to
include ' 'carries' ' and "holds." This
had to be so if the manifest intent of
the Act is to be effective. The same
evils, the same perils to pub lic
security, which the Act penalizes exist
whether the unlicensed holder of a
prohibited weapon be its owner or a
borrower. To accomplish the object of
this law the proprietary concept of the
possession can have no bearing.
(People vs. Melgar, 100 Phil. 298)
Possession Money
The fees retained by the sheriff's
deputy for holding property which
was levied upon.
Possession, Writ Of
At common law: A writ by which, in
the old action of ejectment, the
success ful plaintiff was put in
possession of the land.
Possessor In Bad Faith
In Civil law: One who possesses pro
perty contrary to the requisites of pos
sessor in good faith. (See Possessor in
Good Faith) (Philippine Abaca
Develop ment Company vs. Labaya,
CA-G.R. No. 22729-R, January 12,
1963)
One in possession of property know
ing that his title thereto is defective, is
a possessor in bad faith.
Examples: Where the possessor of the
land knows that she has no title
thereto, because she bought the house
erected thereon from whom she knew
was merely a tenant on the land;
where the possessor knew at the time
of occu pation that the land
belonged to an- other; where parties
enter upon proper ty to profit
therefrom without the con sent of the
owner; where persons take possession
of property which had been
temporarily abandoned by the
owners because of war; where a
purchaser at an execution sale refuses
to admit re demption and to accept
the price ten dered to that end,
without justifiable cause, where
possession was acquired after having
knowledge of certain facts that put in
doubt the title of the assign ees; where
property was purchased while still in
litigation, or where the buyer knew
that someone else was claiming
ownership aside from the ven dor;
where a tenant, after the termin ation
of the period of lease, continues to
hold the property without right to do
so; and where a person purchases
property with know ledge that his
predecessor had a forged title, or
where the nullity is apparent from the
examination of the title thereof.
A person who, having knowledge of
an annotation in the Registry of
Proper ty prohibiting the sale of an
immovable, accepts the said
immovable in payment of a mortgage
credit contracted after the annotation,
cannot be considered as a possessor in
good faith. Neither can one who
purchases the property of a minor at a
private sale, be considered as in good
faith.
Intransmissible: Only personal
knowledge of the flaw in one's title or
mode of acquisition can make him a
possessor in bad faith, for bad faith is
not transmissible from one person to
another, not even to an heir as may be
seen from Article 534 of the Civil
Code.
Possessor in Good Faith
In Civil law: One who is not aware
that there exists in his title or mode of
acquisition any flaw which invalidates
it (Philippine Abaca Development
Com pany vs. Labaya, CA-G.R. No.
22729-R, January 12, 1963).
One who is unaware that there exists a
flaw which invalidates his acquisition
of the thing. Good faith consists in the
possessor's belief that the person from
whom he received a thing was the ow
ner of the same and could convey his
title. Since good faith is a state of the
mind, and is not a visible, tangible fact
143
that can be seen or touched, it can
only be determined by outward acts
and proven conduct. It implies
freedom from knowledge and
circumstances which are to put a
person on inquiry. A purchaser cannot
close his eyes to facts which should
put a reasonable man upon his guard
and then claim that he acted in good
faith under the belief that there was no
defect in the title of his vendor. Thus,
where a vendee is put in inquiry by
purchasing immovable pro perty
under a deed of sale reciting ''with no
warranty whatsoever of title,'' and
does not avail himself of the means at
hand to inform himself of the true
facts, he can claim no better consider
ation than he could if he knew the true
facts. A deed of conveyance made sub
ject to the condition that the land
would be finally adjudicated in favor
of the transferor is an
acknowledgment by the latter that his
title is precarious; it is an invitation to
the transferee to invest igate his
transferor's title or take pos session of
the land at his peril. Whether the
transferee made such investigation or
not, he is not a possessor in good faith.
The belief of the possessor that he is
the legal owner of the thing must be
based upon some title or mode of
acqui sition, such as a sale, a donation,
in heritance or other means of
transmit ting ownership; for without
this, there can be no real well-
grounded belief of one's ownership.
Such belief would be a capricious and
arbitrary one.
144
One who claims property by inherit
ance from his mother, and at her
death goes into possession of the
same, under an honest belief that he is
the sole heir, is a possessor in good
faith. And even though a vendor may
have acquiredthe property in bad
faith, the vendee to whom he sells said
property may be in good faith. The
vendee will not be held a possessor in
bad faith merely because a careful
examination of the registry records
might, or would have disclosed the
nullity of the vendor's title.
Ignorance of the law: Under Article 3
of the Civil Code, ignorance of the law
does not excuse anyone from
compli ance therewith. Manresa is
of the opinion that in excusable
ignorance of the law itself, cannot be
the basis of good faith. Sanchez
Roman and Navar-_ ro Amandi
sustain the theory that even ignorance
of the law can be the basis of good
faith, because Article 526 of the same
code, in its paragraph, makes no
distinction. All seem to agree,
however, on the proposition that error
in the ap plication of the law, in the
legal solu tions that arise from such
application, in the appreciation of the
legal conse quences of certain acts,
and in the in terpretation of doubtful
provisions or doctrines, may properly
serve as a basis for good faith. This is
now expressly provided in the last
paragraph of Arti cle 526.
Possessory Action

An act on dealing with the possession
of land as distinguished from one
which determines the title. Examples
are the action of forcible entry and
detainer, ejectment.
Possibility
In law, an uncertain future event. A
distinction was made between a
''bare'' possibility, such as the
likelihood of a man succeeding to his
father's undetailed property, which
could not be transferred, and
''possibility with an interest '' like the
holder of a contingent remainder.
Another obsolete distinction is that
between a ''common possibility, such
as the issue of a married couple, and a
"double possibility, '' such as that two
persons will marry and have issue.
Possibility of Reverter
The interest which is retained by a
grantor after he has transferred a
determinable fee, which, however, is
not certain to be terminated.
Possible Condition
Those which are not contrary to
nature, to law, good customs or public
policy and are therefore valid and
allowed by law.
Post
A Latin preposition meaning ''after.''
Postage
The money charged by law for the
carrying of mail.
Postal Union
An organization established by treaty
between several governments to apply
uniform rules concerning the
transmission of mail between
countries. Most of the nations of the
world are now members of it.
Postdate
In Negotiable Instruments law: To
date an instrument as of some day
later than the day on which it is
actually made. The postdating of a
check may protect the maker from
criminal prosecution in the event that
there are insufficient funds.
Post Diem
Latin: After the day has passed.
Postea
The entry made by a judge after the
verdict summarizing the proceedings
reciting the issue and the judgment
rendered. It is issued to the successful
party.
Post-Employment
Medical Examination
145
As a general rule, a medically Or postliminy: The rule that a person,
repatriated seafarer is required to captured by the enemy, will be re
submit himself to a post-employment stored on his return to exactly the
medical examination by the same status and rights which he had
companys designated physicians before capture.
within three (3) working days upon
his return. Status Maritime The term is borrowed from the Ro
Corporation vs. Delalamon, 721 SCRA man law concept according to which a
390 (2014) person who has been captured and
afterwards returns within the
Post Entry boundaries of his own State was
restored to all his former rights.
An entry of goods at a custom house
to bring the original entry to the total In modern international law: It is
which had been reported. applied chiefly to property taken by
the enemy. When it is brought back to
Poster the jurisdiction from which it is taken,
all the rights and interests in it are re
A fabricated flat surface which a established as of the time of capture.
message is either posted or painted.
Applied to modern practice the doc
Posterity trine denotes that territory, persons
and property, after having come
All the direct descendants of a person, under the authority of the enemy,
excluding the collaterals. revert to the territory of the original
sovereign upon retaking possession.
Post Factum However, acts of the enemy involving
the captured per son or property
Latin: Referring to an act which is while in the enemy's possession are
done afterwards. not necessarily invalidated if under
international law the occupant was
Posthumous Child competent to perform them.

One born after the death of the father. Post Litem Motam
The posthumous child has the same
legal status or standing as one born Latin: After the beginning of the
before. action or litigation.

Postliminium
Postman

146
A letter carrier.
Postmaster
The head of a local post office.
Postmaster General
The head of the Department of the
Post Office in the Philippines.
Post Mortem
Latin: After death.
A term which is used with reference
to the examination of the bodies of
deceased persons who have died
under suspicious circumstances.
Postnatus
Latin: A younger son.
Post Notes
Bank notes payable on demand but at
a future date.
Post-Nuptial
Applied to a transaction entered into
between husband and wife after the
marriage has taken place; e.g., post
nuptial agreement or settlement. Post
nuptial agreements will in general be
enforced if they violate no principle of
public policy and are fair to the wife.
They are generally entered into in
contemplation of a separation.
Post Obit
Literally: After death
A contract or promise to pay a sum of
money after the death of a named
person from whom the promisor
hopes to inherit property.
Post Office
The department of government
charged with the transmission of
letters and mailable packages within a
country and between countries.
The local office in which mail is
received and from which it is
distributed.
Postponement
The grant or denial of a motion for
postponement rests or the courts on
the courts sound discretion; it is a
matter of privilege, not a right. Santos
vs Alcazar, 718 SCRA 636
Potestative Condition
A condition the happening of which
depends on the sole will of one of the
parties. However, if the fulfillment of
the condition depends upon the sole
will of the debtor) the conditional
obligation shall be void. (Art. 1182,
New Civil Code.)
Potestative condition may be made to
depend on the will of the creditor or
that of the debtor, and in case of the
147
latter may either be suspensive or
resolutory. A potestative condition
that depends upon the sole will of the
creditor is valid. A potestative
condition that depends upon the sole
will of the debtor is valid if it is
resolutory but void if it is suspensive.
Pouch, Diplomatic
The mail bag in which is placed the
official correspondence between the
Foreign Office or Department of
Foreign Affairs of a government and
its diplomatic posts abroad. It is
sealed with the official seal and is
inviolable; it is not inspected by
customs officers; it is exempted from
all interference.
Pound
An enclosure established by public
authority where animals may be
confined, when they are found
straying away from the land of their
owner.
In ancient times: Lost or detrained
property and cattle might be kept in
the pound, and returned to the owner
only if they were redeemed.
Poundage
The percentage of a sale allowed to a
sheriff or other officer who is
authorized to sell goods on execution
or fore closure of a lien.
Poverty Affidavit
148
The affidavit necessary in order to be
permitted to sue ''in forma paupers.''
Power
The capacity to create or destroy a
legal right or obligation or another
legal power.
The authority of a trustee to dispose of
the thrust property whether acting
lawfully or unlawfully.
The authority of an agent to bind his
principal by contracts or transactions.
Power of Attorney
A formal document by which an agent
is appointed, generally with wide
general powers, although it may be
for a limited group of transactions, in
which case it is called a ''special''
power of attorney. It is subject to all
the rules of agency and to regulations
that are peculiar to itself.
An instrument in writing authorizing
a person to act as the agent or
attorney in-fact for the person
granting it is called a power or letter
of attorney. It may be general,
authorizing the agent to act generally
in behalf of the principal, or special,
limiting his authority to particular
acts. It may be by parole, that is, not
under seal, or it may be under seal.
The attorney cannot execute a sealed
instrument so as to bind his principal
unless the power to him be under seal.
Power of attorney will not be
construed to more than they clearly
import, that is, they will be strictly
construed, and if general terms are
used in connection with a particular
subject matter such terms will be
construed to refer to that particular
matter only. A power of attorney
authorizing the execution of a
recordable instrument should itself be
recorded, and to be recorded it must
of course be acknowledged or be
accompanied with other legal
requisite to recording.
Power of Augmentation
View that for the power of
augmentation to be validly exercised,
the item to be augmented must be an
item that has an appropriation under
the General Appropriation Act (GAA);
if the item funded under the
Disbursement Acceleration Program
(DAP) through savings did not receive
any funding from Congress under the
General Appropriation Act, the
Executive cannot provide funding; it
may not countermand legislative will
by augmenting an item that is not
existing and therefore can never be
deficient. Araullo vs. Aquino III, 728
SCRA 1 (2014)
Power of Control
Section 17, Article VII of the
Constitution mandates that the
President shall have the control of all
the executive departments, bureaus
and offices. He shall ensure that the
laws be faithfully executed.
Control is defined as the power of an
officer to alter or modify or nullify or
set aside what a subordinate officer
had done in the performance of his
duties and to substitute the judgment
of the former for that of the latter. It
includes the authority to order the
doing of an act by a subordinate or to
undo such act or to assume a power
directly vested in him by law.
(Cruz,2002).
http://politicsandgovernance.blogspot.
com/2010/07/control-power.html
Power of Politics
A system of international relations in
which groups consider themselves as
ultimate ends; use, at least for vital
purposes, the most effective means at
their disposal and are graded
according to their weight in cases of
actual or hypothetical conflict.
Power to Regulate
And power to prohibit: The power to
regulate is not synonymous with the
power to prohibit. Stated differently
the power to make regulations does
not carry with it the power to prohibit.
To the extent that newspapers and
others who have no direct or tangible
interest in the records are
obstructed from lacking an
examination thereof a part, indeed the
larger part of the public is thereby
excluded from the right granted by
law. Such prohibition is at war with
the requirement that the books and
records of registered lands shall be
149
open to the public. (Subido vs. Ozaeta,
80 Phil. 383)
Power of Supervision
An officer in control lays down the
rules in the doing of an act, and if they
are not followed, he may, in his
discretion, order the act undone or
redone by his subordinate or he may
even decide to do it himself.
Essentially, the power of supervision
means no more than the power of
ensuring that laws are faithfully
executed, or that subordinate officers
act within the law- the supervisor or
superintendent merely sees to it that
the rules are followed, but he does not
lay down the rules, nor does he have
discretion to modify or replace them;
It is the provincial government and
not the governor alone which has
authority to exercise control and
supervision over provincial jails.
Ambil, Jr vs. Sandiganbayan,
653SCRA576 (2011)
Practice
The conduct of legal proceedings in all
its stages and all its forms. The
customary methods used in any court
of litigation, outside of the rules
prescribed by codes or statutes of
procedure.
Practice of Accountancy
150
Practice of accountancy shall
constitute in a person, be it in his
individual capacity, or as a partner or
staff member in an accounting or
auditing firm, holding out himself as
one skilled in the knowledge, science,
and practice of accounting, and as
qualified to render professional
services as a certified public
accountant; or offering or rendering,
or both, to more than one client on a
fee basis or otherwise, services such as
the audit or verification of financial
trans actions and accounting
records; the preparation, signing, or
certification for clients of reports of
audit, balance sheets, and other
financial accounting and related
schedules, exhibits, statements, or
reports which are to be used for
publication or for credit purposes, or
to be filed with a court or government
agency, or to be used for any other
purpose; the installation and revision
of accounting system, the preparation
of income tax returns when related to
ac counting procedures; or when he
re presents clients before government
agencies on tax matters related to ac
counting or renders professional
assistance in matters relating to
accounting procedures and the
recording and presentation of
financial facts or data. (residential
Decree No. 692; The Revised
Accountancy Law)
Practice of Law
 The practice of law is not
limited to the conduct of cases or
litigation in court; it embraces the
preparation of pleadings and other
papers incident to actions and special
proceeding, the management of such
actions and proceedings on behalf of
clients before judges and courts, and
in addition, conveying. In general, all
advice to clients, and all action taken
for them in matters connected with
the law incorporation services,
assessment and condemnation
services, contemplating an appearance
before judicial body, the foreclosure of
mortgage, enforcement of a creditors
claim in bankruptcy and insolvency
proceedings, and conducting
proceedings in attachment, and in
matters of estate and guardianship
have been held to constitute law
practice. Practice of law means any
activity, in or out court, which
requires the application of law, legal
procedure, knowledge, training and
experience. Cayetano vs Monsod 201
SCRA 2010
Practice of Medicine
The practice of medicine has been said
to mean, in its broadest sense the
practice of the act of healing disease or
preserving health. (People vs. Balicte,
57 O.G. 90)
Praecipe
Latin: Writ commanding defendant to
do a certain thing or show reason why
he should not do it; request for a
particular writ.
Prayeh
That part of the bill or complaint in a
suit in equity which states what relief
is sought by the action.
Preamble
The introductory part of a statute or
constitution which states the reason
and purpose of the legislation; often
recites the: facts or conditions which
have occasioned it. It is properly of
peaking, not an operative part of the
statute but it is of great importance in
determining how the statute is to be
interpreted, whenever there is doubt
as to the meaning or effect of any
words in it.
Precarious
It applied to anything which may be
ended at the will of another person as
a precarious right.
Precarium
The bailor may demand the thing at
will, and the contractual relation is
called a precarium, in the following
cases: (1) If neither the duration of the
contract nor the use to which the thing
loaned should be devoted, has been
stipulated; or (2) If the use of the thing
151
is merely tolerated by the owner. (Art.
1947, New Civil Code)
Precatory
Having the character of an entreaty or
request. The term is applied to words
in a will, like "desire," "hope," ''trust,''
''feel confident,'' ''request.'' At the
present time are generally considered
as merely advisory, and may be
disregarded by the trustee or executor
unless the general purpose of the trust
and the context in which the words
are used make it clear that they are
meant to be directive or mandatory.
Precautionary Principle
View that the precautionary principle
seeks to protect the right of the
present generation as well as to
enforce intergenerational
responsibility, that is, the present
generation should promote
sustainable development and act as
stewards or caretakers of the
environment for the benefit of
generations yet unborn. Imbong vs.
Ochoa, Jr., 721 SCRA 146 (2014)
Precedence
Superiority in rank, involving rights
rather of ceremony than of substantial.
In International law: Respect for
precedence is part of what is now
called protocol.
152
A command directed by a superior to
an inferior officer.
Precedent
Establish forms of pleading or
transaction which have already been
accepted by courts and may therefore
serve as examples of correct pleading
or of valid transactions.
In common law jurisdictions: They are
regarded as a primary source of law.
Even in the case of statutes,
precedents in the interpretation of
statutory provisions are treated as
almost final determinations of how
the statute is to be applied. However,
precedents are not absolutely binding,
since they may be and have been
overruled, and, when the court
disapproves of them, may be
distinguished in a way that is
tantamount to overruling.
In Civil law courts: Strong words have
sometimes been used against treating
precedents of courts as a source of law
at all. But they have al ways been
employed to some extent, and in
general it is admitted that a series of
similar precedents has very strong
force.
Precept
A warrant, order of writ, issued to an
officer like a sheriff, authorizing or
commanding him to perform some act
within the powers of his office.
Precocious Puberty A person who has an estate or title
before some other holder.
The complainant is a case of
precocious puberty. She is Preemption
according to said findings, "fairly
developed and fairly well-nourished The right of purchasing property
girl'' with breasts that ''are before or in preference to some other
moderately developed, slightly person. Charters of private
conical in shape,'' but already ''soft in corporations often provide that the
consistence, with nipples corporation itself shall have the right
prominent." Her labia Inajora and of pre emption of all stock that a
labia minora are "gapingr' and stockholder wishes to dispose of.
"slightly pirnented and
hypertrophied. Hymen edges could In International law: The right of a
hardly be capitated. Hugositos are belligerent to seize and purchase of an
slightly obliterated.'' All these are appraised value neutral contraband
unequivocal signs-especially the goods en route to the enemy, other
gaping and hypertrophied labia and than absolute contraband, i.e.,
the obliteration of the rugositos- that munitions of war. It may also be
complainant, despite her relatively exercised over such goods on the high
tender age, had already been seas or in appropriated territory.
indulging in many acts of sexual In civil law: Conditions for right of
gratification or by repeated preemption of adjoining owner:
''masturbation'' or insertion of Where it has been neither proved nor
foreign bodies into the vaginal tract. alleged that the purchased land in
(People vs. Dolores, CA-G.R. question is so small or so situated that
No. 18065-R, August 23, 1957) a major por tion thereof cannot be
used for any practical purpose or that
Pre contract it has been bought merely for
speculation or, even, that it is about to
An agreement to marry. Such be resold, it is held that Article 1622 of
agreements per verba de futuro did the New Civil Code concerning the
not create the status of husband and right of preemption of an adjoining
wife but did constitute impediments owner of urban lands is not in point.
in canon law against the marriage of (Soriente vs. Court of Appeals, 62 O.G.
either party with anyone else. The 7013)
impediment may be removed by
consent of both parties. Requisites: in order that the adjoining
lot owner may have the right of pre
Predecessor emption, the following conditions
must exist: (1) the piece of urban land

153
must be so small that it cannot be used
for any practical purpose within a
reason able time; and (2) such urban
land was bought merely for
speculation. (Loot vs. Rovira. 63 O.G.
5972; De Santos vs. City of Manila, 45
SCRA 414)
Under Article 1622 of the Civil Code,
Whenever a piece of urban land which
is so small and so situated that a major
portion thereof cannot be used for any
practical purpose within a reasonable
time, having been bought merely for
speculation, is about to be re-sold, the
owner of any adjoining land has a
right of pre-emption at a reasonable
price.
If the re-sale has been perfected, the
owner of the adjoining land shall have
a right of redemption, also at a
reasonable price.
When two or more owners of
adjoining lands wish to exercise the
rights of pre-emption or redemption,
the owner whose intended use of the
land in question appears best justified
shall be preferred.
Pre-Emptive Right
Section 39 of the Corporation Code
refers to the right of a stockholder of a
stock corporation to subscribe to all
issues or disposition of shares of any
class, in proportion to their respective
shareholdings. Majority Stockholders
154
of Ruby Industrial Corporation vs.
Lim 650 SCRA 461 (2011)
Pre-Existing Legal Duty
Generally, a promise to do, or actually
doing, what a party to a contract is
already under a legal obligation to do,
is not valid consideration to support a
promise of the other party to pay
additional compensation. In some
cases, the courts will find the existence
of a rescission and the making of a
new agreement.
Preference
The transfer of property by an
insolvent debtor to a creditor, the
effect of which is to give the creditor a
larger share of the insolvent's estate if
he later becomes a bankrupt, than
other creditors of the same class.
Preferred Area of Investment
In Investment Incentives law: It is an
economic activity declared as such by
the Board of Investments.
In Omnibus Investments code:
Economic activities that the Board
shall have declared as such in
accordance with Article 30 of the Code
which shall be either non-pioneer or
pioneer.
The Board shall take into account all
the following criteria:
1. Gaps between prospective demand
and existing supply and the additional
production capacities and must be
induced where such gaps exist;
2. Potential of such areas of
investments for creating new markets,
both domestic and foreign, for
domestic suppliers of raw materials or
for domes tic consumers of products;
3. Potential of such areas of
investment for creating productive
employment;
4. Potential for earning foreign
exchange;
5. Ex tent to which investment in such
areas will integrate existing
production facilities;
6. Amounts of import substitution or
of new exports such areas of
investment will promote;
7. Amount of capital normally needed;
8. Nature of the risk, commercial or
otherwise;
9. Pro portion of the required capital,
raw materials and labor inputs of
indigenous origin;
10. Rate of profitability;
11. Rate of return to the national
economy;
12. Maintenance of competition;
13. Comparative advantage they enjoy
or could be made to enjoy; and
14. Such other criteria as the Board
may adopt.
Preferred Cumulative Stock
In Corporation law: If the stipulated
dividend on preferred stock is not
paid for any one year, it shall be
added to the dividends which shall be
due the following year, and dollars of
said preferred shares shall be entitled
to be paid the accumulated dividends
together with those due for that year,
before dividends shall be paid to
holders of common shares.
Preferred Mortgage
In ship mortgage decree: A valid
mortgage which, at the time it is
made, includes the whole of any
vessel of domestic ownership shall
have, in respect to such vessel and as
of the date of record the preferred
status if:
1. The mortgage is recorded with the
Philippine Coast Guard;
2. An affidavit of good faith is filled;
and
3. The mort gage does not stipulate
that the mortgagee waives the
preferred status thereof.
Benefits accorded a preferred
mortgage: The preferred mortgage
lien shall have priority over all claims
against the vessel, except the
following claims in the order stated:
1. Expenses and fees taxed by the
Court and taxes due to the
government;
2. Crew's wages;
3. General average;
4. Salvage, including contract salvage,
5. Maritime liens arising prior to the
recording of the pre ferred mortgage;
6. Damages arising out of tort; and
7. Preferred mortgage registered prior
to time.
Preferred Non-Cumulative Stock
155
In Corporation law: If dividends are
not given or declared in a given year,
the right to that dividend is
extinguished.
Preferred Participating Stock
In Corporation law: After the
preferred dividend is paid; the holder
of such shares again receives an equal
amount of what the holders of
common shares get. However, the
term "participation" may be varied.
Stock is participating only when the
Articles of Incorporation expressly so
provide.
Prejudice
A state of mind in which a person
entertains a judgment about an event,
the character of a person or the
validity of a proposition, without
examining the facts or hearing
evidence. It is generally assumed that
the judgment so entertained is
unfavorable, so that the term
''prejudicial'' generally means harmful
or detrimental.
In the phrase ''without prejudice'', the
words has its literal meaning of ''pre-
judgment.'' It is used when a suit is
dismissed for formal or technical
reasons which do not prevent it from
being brought again.
156
Prejudicial Question
Defined as that which arises in a case,
the resolution of which is a logical
antecedent of the issue involved
therein, and the cognizance of which
pertains to another tribunal. Strategic
Alliance Development Corporation vs.
Star Infrastructure Development
Corporation, 647 SCRA 545 (2011)
It is said to come into play when a
civil action and a criminal action are
both pending and there exists in the
former case an issue which must be
preemptively resolve before the latter
case may proceed since the resolution
of the issue in the civil action is
resolve would be determinative juris
et de jure of the guilt or innocence of
the accused in the criminal case. Id.
Two Essential Requisites:
1. The civil action involves an issue
similar or intimately related to the
issue raised in the criminal action,
and, 2. The resolution of such issue
determines whether or not the
criminal action may proceed
Preliminary Attachment
A provisional remedy issued, upon an
order of the court where an action is
pending, to be levied upon the
property or properties of the
defendant therein, the same to be held
thereafter by the sheriff as security for
the satisfaction of whatever judgment
might be secured in said action by the
attaching creditor against the
defendant. Likewise it is settled in this
jurisdiction that the effect of a writ of
Preliminary Attachment levied upon
the property or properties of the
defendant is to create or impose
thereon a lien in favor of the attaching
creditor in relation to the purpose for
which the writ was issued. (Militante
vs. Edrosolano, 39 SCRA 473)
Preliminary Examination
A previous inquiry or examination
made before the arrest of the
defendant by the Judge or officer
authorized to conduct the same with
whom complaint or information has
been filed imputing the commission of
an offense cognizable by the court of
first instance.
The purpose of this examination is to
determine whether there is a
reasonable ground to believe that an
offense has been committed and the
accused is probably guilty thereof so
that a warrant of arrest may be issued
and the accused held for trial.
Preliminary Injunction
A writ of preliminary
injunction is an extraordinary event
and is the strong arm of equity or a
transcendent remedy. It is granted
only to protect actual and existing
substantial rights. Pahila-Garrido vs.
Torogo, 655 SCRA 553 (2011)
The following requisites must
be proved before a writ of preliminary
injunction, be it mandatory or
prohibitory, will issue:
1. The applicant must have a
clear and unmistakable right to be
protected, that is a right in esse;
2. There is a material and
substantial invasion of such right;
3. There is an urgent need for
the writ to prevent irreparable injury
to the applicant; and
4. No other ordinary, speedy,
and adequate remedy exist to prevent
the infliction of irreparable injury
Thunder Security and Investigation
Agency vs. National Food Authority
(Region I), 654 SCRA 714 (2011)
Preliminary Investigation
Preliminary investigation is an
inquiry or proceeding for the purpose
of determining whether there is
sufficient ground to engender a well-
founded belief that a crime cognizable
by the Regional Trial Court has been
committed and that the respondent is
probably guilty thereof, and should be
held for trial. (Rule 112, Section 1, 1985
Rules on Criminal Procedure)
While the right to have a preliminary
investigation before the trial is
statutory rather than constitutional, it
is a substantive right and a component
of due process in the administration of
criminal justice. Ocampo vs Abando
715 SCRA 673
157
Preliminary Mandatory Injunction
A preliminary mandatory
injunction is more cautiously regarded
than a mere prohibitive injunction
since, more than its function of
preserving the status quo between the
parties, it also commands the
performance of an act. Dela Rosa vs.
Heirs of Juan Valdez, 654 SCRA 467
(2011)
Preliminary Prohibitory Injunction
One granted by the judgment which
finally disposes of the injunction suit.
It forms a part of the judgment on the
merits, and it can be properly ordered
only on the final judgment.
Injunctions of this class are in no sense
provisional remedies but are always,
and must be, final relief. In order to
grant relief on the merits of the case
by perpetual in junction it is not a
prerequisite that a temporary
injunction should have been applied
for and granted.
Premature Marriage
Any widow who shall marry within
three hundred and one day from the
date of the death of her husband, or
before having delivered if she shall
have been pregnant at the time of his
death, shall be punish by arresto
mayor and a fine not exceeding 500
pesos.
The same penalties shall be imposed
upon any woman whose marriage
158
shall have been annulled or dissolved,
if she marry before her delivery or
before the expiration of the period of
three hundred and one day after the
legal separation. (Article 351, Revised
Penal Code)
Elements :
Premature marriages are prohibited to
prevent confusion in filiation of
paternity, inasmuch as the widow
might have conceived and become
pregnant by her late husband. The
law, in fixing 301 days, admits the
possibility that a woman may be
pregnant for more than nine months
and that the birth of a child taking
place nine months after it was
conceived is not impossibility. A
woman who became a widow on June
29, 1985 and remarried on August 19,
1985 is guilty of contracting a
premature marriage. However, where
the widow lived with her first
husband for 18 years and they had no
children, and later the husband was
found by a doctor to be impotent, and
where five months after the death of
said husband, the widow remarried
and became pregnant, she was
not guilty of contracting a premature
marriage. She had no criminal intent.
Premeditacion Conocida
Sp. Deliberate Premeditation.
Premeditation
It is the planning of an act before its
commission. It is an essential element
in the crime of murder in the first
degree.
Premier
A term commonly used instead of
Prime Minister.
Premises
It is the actual property itself which is
conveyed or leased; or which is
insured by a policy of insurance. It
almost always refers to lands and the
buildings on it, but is occasionally
used to designate some kind of
personal property, such as a vessel.
Premium
In Insurance law: The sum paid by the
insured to the insurer as the
consideration for insurance. It should
be paid to the insurer as soon as the
thing insured is exposed to the peril
insured against. (Sec. 77, Insurance
Code)
Premium Pudicitiae
Latin: Payment for chastity.
A term used to explain the
''Morgenagabe,'' i.e., the gift given by
the husband to the bride after the
wedding night.
Premium Stock
In Corporation law: That issued for
more than its par or issued value.
Prende Acte
Fr. In Diplomatic parlance: Roughly,
to take note of: specifically to declare
that one will avail one's self, should
the necessity arise, of a declaration or
ad mission made by the other party,
with out conceding that one is in any
way bound by that declaration.
Prepaid Stock
In Corporation law: It has been fully
paid for before the same is issued.
Prepayment
The delivery of the proper indemnity
required by law for the damage that
might be incurred by the serviette
estate in the event the legal easement
is constituted. (Talisay-Silay Miiling
Co,, Inc:. vs. CFI of Negros Occidental,
42 SCRA 577)
Preponderance of Evidence
Preponderance of evidence
means that the evidence adduced by
one side is, as a whole, superior to or
has greater weight than that of the
other. Aba vs. De Guzman, Jr., 662
SCRA 361 (2011)
In determining whether or not there is
preponderance of evidence, the court
may consider the following:
159
1. All the facts and circumstances of
the case;
2. The witnesses manner of testifying,
their intelligence, their means and
opportunity of knowing the facts to
which they are testifying, the nature of
the facts to which they testify, the
probability or improbability of their
testimony;
3. The witnesses interest or want of
interest, and also their personal
credibility so far as the same may
ultimately appear in the trial; and
4. The number of witnesses, although
it does not mean that preponderance
is necessarily with the greater number.
Id.
Prescribe
To assert a claim based on possession
or use for a definite period, or fron1
immemorial times. To outlaw or
extinguish a right by usage which
contradicts it.
Pre-proclamation Controversy
Any question pertaining to or
affecting the proceedings of the Board
of Canvassers which may be raised by
any candidate of political party or
coalition of political parties before the
board or directly with the
Commission. (Section 50, Article XIII,
Batas Pambansa Big. 697.)
160
Prescription
Under the common law: The word
''prescription'' is generally used with
reference to the acquisition of a right
by the lapse of time, It is said, for ex-
ample, under the common law, that
one may acquire a right to real
property or to an easement by
prescription" On the other hand, the
word "limitation" as applied to actions
under the common law, has reference
to the time within which an action
must be brought after the right of
action has accrued. Under the Civil
Code, the word "prescription" is used
to cover both these ideas.
Kinds of prescription:
1. Acquisition of a right by the lapse of
time; known as acquisitive
prescription, and
2. The loss of a right of action by the
lapse of time, known as extinctive
prescription, or limitation of actions.
To determine prescription, what is
essential only is that the facts
demonstrating the lapse of the
prescriptive period were sufficiently
and satisfactorily apparent on the
record either in the allegation of the
plaintiffs complaint, or otherwise
established by the evidence. Bank of
the Philippine Islands vs.
Commissioner of Internal Revenue,
729 SCRA 375 (2014)
Prescription of the Crime
Generally, the prescriptive period
shall commence to run on the day the
crime is committed. Presidential Ad
Hoc Fact-Finding Committee on
Behest Loans vs. Desierto, 648 SCRA
586 (2011)
In People v. Pacificador, 354 SCRA 311
(2001), the rule is that in the
interpretation of the law on
prescription of crimes, that which is
more favorable to the accused is to be
adopted. Presidential Commission
on Good Government (PCGG) vs.
Carpio-Morales, 740 SCRA 368 (2014)
There are two (2) reckoning points for
the counting of the prescription of an
offense: (1) the day of the commission
of the violation of the law; and (2) if
the day when the violation was
committed be not known, then it shall
begin to run from the discovery of
said violation and the institution of
judicial proceedings for investigation
and punishment. Id.
Prescription of the Penalties
The loss or forfeiture of the right of
the Government to execute the final
sentence after the lapse of a certain
time.
Two conditions necessary in
prescription of penalty:
1. That there be final judgment; and
2. That the period of time prescribed
by law for its enforcement has
elapsed.
Presentment
In law of commercial paper: The
producing and offering of a negotiable
instrument to the maker, drawee or
acceptor at the proper time and place.
Presentment is one of the conditions
necessary to fix the liability of an
endorser or anyone secondarily liable.
Presentment for Acceptence
In Negotiable Instruments law: The
production of a bill of exchange to the
drawee for his acceptance. (Windham
Bank vs. Norton, 56 Am. Dec. 397)
Requisites:
1. Must be made by or on behalf of
the holder;
2. At a reason able hour on a business
day;
3. Before the bill is overdue; and
4. To the drawee or some person
authorized to accept or refuse
acceptance on his be half. (Section 145,
Negotiable Instruments Law)
Presentment for Payment
Presentment of payment is the
presentation of the instrument to the
person primarily liable for the
purpose of demanding and obtaining
payment thereof. Hongkong and
Shanghai Banking Corporation
Limited Philippine Branches vs.
Commissioner of Internal Revenue,
724 SCRA 299. (2014)
161

Presents
In diplomatic parlance: The practice of
making presents to and conferring
decorations upon foreign diplomatic
representatives on special occasions
was carried to extravagant limits two
centuries ago when some royal
governments bestowed lavish sums of
money, valuable gifts and
distinguished orders upon
ambassadors and minister of the
conclusion of treaties or at the
termination of their missions. The
custom grew to such evil proportions
that it had to be curbed. At present
governments do not follow this
practice anymore. Some governments
prohibit their diplomats abroad from
receiving such presents or decorations
by law and regulation.
For example, the Philippine Foreign
Service Regulations contain the
following provisions:
"Chapter III, Part G, Section 9: No
Chief of Mission, Principal Officer,
Foreign Affairs Officer or any other
officer or employee shall, without the
consent of the Congress, accept any
decoration, medal, honor, present,
emolument, office or title of any kind
what ever from any foreign state.
Chief of Mission and Principal
Officers may receive gifts to the
Philippine Government, or to any of
its agencies, by the Government to
which they are accredited, with the
understanding however that such
162
gifts are subject to final acceptance by
the Philippine Government.''
''Section 13. No officer or employee of
the Foreign Service shall receive any
gift or remuneration of any value from
private persons in consideration of
services rendered or to be rendered,
by him in an official capacity.''
By Executive Order 7577 of March 19,
1937 (U.S. Government) it is pro vided
that ''American diplomatic and
consular officers are hereby prohibited
from accepting in any circumstances
any present, decoration, medal, order,
testimonial, or other thing that may be
tendered to them by any foreign King,
prince, or foreign state.''
It is believed that this prohibition does
not apply to inexpensive or token
presents. For instance, it is customary
in some capitals to give flowers on
special occasions or in appreciation of
hospitality from friends or officials. A
diplomat may also give a colleague a
specimen of an article in which his
country takes special pride. And there
could be no objection to a group of
diplomats giving a departing
colleague of long standing a collective
gift as a testimonial of their esteem for
him.
Presents, These
The English translation of the term
''hae praesentes littirae, '' used in the
document of referring to itself.
Presidency
All executive and administrative
organization are adjuncts of the
Executive Department. Angeles vs.
Gaite, 646 SCRA 309 (2011)
View that a sitting president cannot be
sued. This immunity exists during the
Presidents incumbency only. Imbong
vs. Ochoa, Jr., 721 SCRA 146 (2014)
President
The official title of the head of state
and chief executive of the Republic of
the Philippines. (Section 1, Article VII,
ew Constitution)
Presidential Agrarian Reform
Council (PARC)
The authority to approve the plan for
stock distribution of the corporate
landowner belongs to presidential
Agrarian Reform Council (PARC), and
the PARC also has the power to
revoke or recall an approved Stock
Distribution Plan (SDP)- following the
doctrine of necessary implication, the
conferment of express power to
approve a plan for stock distribution
of the agricultural land of corporate
owners necessarily includes the power
to revoke or recall the approval of the
plan.
Only the Presidential Agrarian
Reform Council (PARC) can effect the
revocation of a Stock Distribution
Option (SDO)- the Department of
Agrarian Reform (DAR) Secretary, by
his own authority as such, cannot
plausibly do so, as the acceptance
and/or approval of the Stock
Distribution Plan (SDP) sought to be
taken back or undone is the act of
PARC whose official composition
includes, no less, the President as
chair, the DAR Secretary as vice-chair,
and at least eleven other department
heads. Hacienda Luisita, Incorporated
vs. Presidential Agrarian Reform
Council, 653 SCRA 154 (2011)
Presidential Elector
One of the persons chosen by popular
vote to cast a vote for president and
vice-president.
Presidential Electoral Tribunal (PET)
Under the doctrine of necessary
implication, the additional jurisdiction
bestowed by the last paragraph of
Section 4, Article VII of the
Constitution to decide presidential
and vice-presidential elections
contests includes the means necessary
to carry it into effect. Macalintal vs.
Presidential Electoral Tribunal 651
SCRA 239 (2011)
Presidential Immunity
Settled is the doctrine that the
President, during his tenure of office
or actual incumbency, may not be
sued in any civil or criminal case, and
163
there is no need to provide for it in the
Constitution or law- it will degrade
the dignity of the high office of the
President, the Head of State, if he can
be dragged into court litigation while
serving as such. Boac vs. Cadapan, 649
SCRA 618 (2011)
Press Attache
Most embassies in major capitals
nowadays have officials known as
Press Attache. It is the function of the
Press Attache to read, analyze and
interpret the important articles in the
local press especially those bearing on
political subjects and to report thereon
to the Chief of Mission whenever
warranted. Usually he is responsible
for the dissemination of information
about his country, and for the
correction of erroneous or derogatory
news stories unless it is deemed
advisable to ignore them to avoid
focusing public attention on them. He
handles the press relations of the
ambassador, prepares press re leases,
and through prudent social contacts
tries to gather valuable information
from his opposite numbers in the
diplomatic corps and the local
journalists.
Press, Freedom Of
The right to print and to publish
without subjection to license
requirements or censorship.
The press comprehends every sort of
publication; books, periodicals,
newspapers, pamphlets, leaflets,
164
handbills, radio and television as
instruments of mass communication
are likewise included. Freedom of
press is guaranteed by Section 9,
Article IV of the New Constitution.
Pressurized or Forced Draft Burning
Equipment
In Fire law: Type of burner where the
fuel is subjected to pressure prior to
discharge into the combustion
chamber and/or which includes fans
or other provisions for the
introduction of air at above normal
atmospheric pressure into the same
combustion chamber.
Presumed Negligence
It is such a firmly established
principle, as to have virtually formed
part of the law itself, that the
negligence of the employee gives rise
to the presumption of negligence on
the part of the employer. This is the
presumed negligence in the selection
and supervision of the employee. The
theory of presumed negligence, in
contrast with the American doctrine of
respondent superior, where the
negligence of the employee is
conclusively presumed to be the
negligence of the employer, is
clearly deducible from the last
paragraph of Article 2180 of the Civil
Code which provides that the
responsibility therein mentioned
shall cease if the employers prove
that they observed all the diligence of
a good father of a family to prevent
damages. (Poblete vs. Fabros, 93
SCRA 200)
Presumption
An inference which a judge is
required to draw from certain facts
which have been proved or admitted.
Except for a small number of
"conclusive" presumptions, all
presumptions are prima facie. No
evidence is necessary to establish
them, but may be controverted by
evidence which tends to disprove
them. In most jurisdictions a
presumption is not itself evidence but
merely a justification for offering
none. Consequently, on appeal, the
upper will reverse a judgment if it is
supported only by a presumption and
if some evidence has been offered to
controvert the presumption. In a
minority of jurisdiction a presumption
is treated as evidence, and a judgment
based on it cannot be reversed, even if
no other evidence relying on the
presumption.
A rule of law that attaches definite
probative value to specific facts or
draws a particular inference as to the
existence of one fact, not actually
known, arising from usual connection
with other particular facts which are
known or proved.
It has also been said that a
presumption is a rule which the law
makes upon a given state of facts,
while an inference is a conclusion
which, by means of data founded
upon common experience, natural
reason draws from facts which are
proved; an inference is a per missive
deduction while a presumption is a
deduction directed to be drawn by
law.
Presumption of Causality
The claimant must not merely rely on
the dispute presumption, but must be
able to present no less than substantial
evidence to support her claim. Talosig
vs. United Philippine Lines, Inc., 731
SCRA 180 (2014)
Presumption of Fact
An inference which may properly be
drawn from the evidence adduced at a
trial.
Presumption of fact is a deduction or
inference which reason or experience
draws from other facts proved.
A presumption of fact is that mental
process by which the existence of one
fact is inferred from proof of some
other fact or facts with which
experience shows it is usually
associated by succession or co-
existence.
A presumption of fact is that mental
process by which the existence of one
fact is inferred from proof of some
other fact or facts with which
experience shows it is usually
165
associated by succession or co-
existence. It is inseparable from
inductive reasoning as an interference
of the unknown from proof of the
known.
Presumption of innocence
The Constitution mandates that an
accused shall be presumed innocent until
the contrary is proven beyond reasonable
doubt. Atienza vs. People, 716 SCRA 84;
People vs. Sabdula, 722 SCRA 90 [2014]
The weakness of the defense of the
accused, mere denial and frame up,
cannot justify his conviction the
burden is always on the prosecution
to prove his guilt beyond reasonable
doubt, and not on him to prove his
innocence. People vs Gatlabayan, 653
SCRA 803 (2011)
The Constitution mandates that an
accused shall be presumed innocent
until the contrary is proven beyond
reasonable doubt. Atienza vs. People,
716 SCRA 84; People vs. Sabdula. 722
SCRA 90 (2014
As a rule, an attorney enjoys the legal
presumption that he is innocent of the
charges against him until the contrary
is proved; Considering the serious
consequence of disbarment or
suspension of a member of the Bar,
the Supreme Court has consistently
held that clear preponderant evidence
is necessary to justify the imposition
of administrative penalty. De Jesus vs.
Risos-Vidal, 719 SCRA 376 (2014)
166
Presumption of Law
A legal conclusion which is drawn
from the proof of certain facts and
which may be conclusive or
rebuttable.
Presumption ''juris'', is a deduction
which the law considers as established
from proven facts.
An inference which, in the absence of
direct evidence on the subject, the law
requires to be drawn from the
existence of certain established facts. It
is an assumption made by the law that
a strong inference of fact is prima facie
correct, and will therefore sustain the
burden of evidence, until conflicting
facts on the point are shown.
Presumption of Regularity
The presumption of regularity in the
performance of official duty obtains
only where nothing in the records is
suggestive of the fact that the law
enforcers involved deviated from the
standard conduct of official duty as
provided for in the law-otherwise,
where the official act in question is
irregular on its face, an adverse
presumption arises as a matter of
course. People vs. Lorena, 639 SCRA
139 (2011)
The presumption of regularity in the
performance of official duty obtains
only when there is no deviation from
the regular performance of duty.
People vs. Casabuena, 741 SCRA 80
Presumptive
Referring to something that may be
inferred or presumed.
Presumptive Title
A title to land that may be inferred
from open possession and use.
Pretended Right
A claim of right in land against the
person in possession.
Preterition
The total omission of a compulsory
heir from the inheritance- it consists in
the silence of the testator with regard
to a compulsory heir, omitting him in
the testament, either by not
mentioning him at all, or by not giving
him anything in the hereditary
property but without expressly
disinheriting him, even if he is
mentioned in the will in the latter
case. Heirs of Policronio M. Ureta, Sr.
vs. Heirs of Liberato M. Ureta, 657
SCRA 555 (2011)
The requisites of preterition are as
follows:
1. That there is a total omission,
2. That the person omitted is a
compulsory heir in the direct line.
And
3. That the compulsory heir omitted
survive the testator.
Under Article 854 of the Civil Code,
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 devise 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.
Pretermission
The failure of a testator to mention
any of his children; lineal (natural) or
adopted in his will. If any of his
children have predeceased him
leaving issue, his failure to mention
the issue is also pretermission. The
pretermitted child or grandchild will
receive the share he would have had if
his ancestor h & d died intestate.
Pretermit
Fail mention a lineal heir in a will.
Pretium Affectionis
Latin: Price of affection.
The value placed on something by
some person who has a sentimental
167
desire to possess it, without regard to
its monetary or economic value.
Pre-Trial
A pre-trial order is not intended to be
a detailed catalogue of each and every
issue that is to be taken during the
trial, for it is unavoidable that there
are issues that are impliedly included
among those listed or that may be
inferable from those listed by
necessary implication which are as
much integral parts of the pre-trial
order as those expressly listed.
Philippine Export and Foreign Loan
Guarantee Corporation vs.
Amalgamated Management and
Development Corporation, 658 SCRA
273 (2011)
Pre-Trial Conference; Subjects: The
pre-trial conference shall consider the
following:
(a)Plea bargaining;
(b)Stipulation of facts;
(c)Marking for identification of
evidence of the parties;
(d)Waiver of objections to
admissibility of evidence; and
(e)Such other matters as will pro mote
a fair and expeditious trial.
Prevailing Party
There can be but one prevailing party
where there is only a single plaintiff
and a single defendant.
The prevailing party in any action is
one in whose favor the decision or
168
verdict is rendered and judgment
entered.
The prevailing party is that party to a
suit who successfully prosecutes the
action or successfully defends against
it, prevailing on the main issue, even
though not to the extent of his original
contention.
To be the prevailing party does not
depend upon the degree of success at
different stages of suit, but whether, at
the end of the suit, or other
proceeding, the party who has made a
claim against the other, has
successfully maintained it.
There can be but one prevailing party
in action at law to recover a money
judgment, and though each party
wins as to some issues, and as to such
issues prevails, the one in whose favor
the verdict compels a judgment, or
who in the end endures the most
points, is the ''prevailing party or
winner.
Prevarication
At Roman law: A feigned prosecution
by collusion with the person accused.
The purpose was to exclude other
prosecutors, since any citizen could
bring a criminal action in behalf of the
people; and then to prosecute in such
a way that an acquittal was inevitable.
Prevarication was itself a criminal
offense.
At the older common law: A collusion
between an informer and the defend
ant, in order to secure a discharge or
acquittal.
Preventive Suspension
Preventive suspension is merely a
preventive measure, a preliminary
step in an administrative
investigation. Office of the Deputy
Ombudsman for Luzon vs Francisco,
Sr., 662 SCRA 439 (2011)
Preventive suspension is a measure
allowed by law and afforded to the
employer if an employees continued
employment poses a serious and
imminent threat to the employers life
or property or of his coworkers. Bluer
Than Blue Joint Ventures
Company/Mary Ann Dela Vega vs.
Esteban, 720 SCRA 765 (2014)
The preventive suspension order is
interlocutory in character and not a
final order on the merits of the case.
Office of the Ombudsman vs.
Capulong, 719 SCRA 209 (2014)
Previous
The word "previous" in Section 9(c) of
the Probation Law relates to the date
of conviction, not to the date of the
com mission of the crime. (Rura vs.
Lopena, 137 SCRA 121.)
Price
The consideration in money paid or
agreed to be paid by the purchaser of
personality less commonly -of realty.
Price Escalation
Price escalation, as explained in
paragraph 6 of C1 2.1 of the
implementing rules and regulation
(IRR), is meant to compensate for
changes in the price of relevant
construction necessities during the
effectivity of the contract, resulting in
more than 5% increase or decrease in
the unit price of those items.
Philippine Economic Zone Authority
vs. Green Asia Construction &
Development Corporation, 659 SCRA
756 (2011)
Price Money
That which consists of a certain
portion of the bets or wager funds
placed by the betting public, does not
belong to the club. It is merely held in
trust for distribution as prizes to the
owners of winning horses. It is
destined for no other object than the
payment of prizes and the club cannot
otherwise appropriate this portion
without incur ring the liability to the
owners of winning horses. It cannot be
considered as an item of expense
because the sum used for the payment
of prizes is not taken from the funds
of the club but from a certain portion
of the total bets especially earmarked
for that purpose. (Manila Jockey Club,
Inc. vs. Philip pine Jockeys Union,
CA-G.R. No. 33037-R, February 4,
1966)
They (i.e. the money) are, of course,
moneys received by the racing track;
169
but they are moneys earmarked by
law or regulations for horse owners
and jockeys, and do not for a single
minute, become the property of the
racetrack. (Commissioner of Internal
Revenue vs. Manila Jockey Club, Inc.,
L-13890 and L-13887, June 30, 1960)
Priest
A person of the Angelican, Roman
Catholic or Greek Catholic Church
and Aglipay Church who has taken
orders of a higher degree than deacon.
In the Roman Catholic Church,
ordination as a priest is a sacrament.
Primae Impressionis
Latin: of first impression.
Primae Noctis, Jus
Latin: Right of the first night.
The right asserted of the medieval
Lord to spend the first night with the
newly married wife of his vassal.
Prima Facie
Latin: At first view; on the face of it.
The inference drawn about a thing by
mere observance of it, or about an
event by knowledge of its occurrence,
without further investigation in either
case.
A presumption of fact, which will be
accepted as evidence or in lieu of
170
evidence, but which may be disproved
or rebutted by other evidence.
A prima facie case is one which is
supported by sufficient evidence and
will support a finding in the absence
of evidence to controvert it.
Evidence sufficiently strong to be
accepted unless either rebutted or
contradicted.
Prima Facie Evidence
The term ''prima facie evidence''
denotes evidence which, if
unexplained or uncontradicted, is
sufficient to sustain the preposition it
supports or to establish the facts, or to
counterbalance the presumption of
innocence to warrant conviction.
(Salonga vs. Pafio, 134 SCRA 438)
Primary
First in importance or in time, as
contrasted with secondary. As applied
to rights or obligations, it denotes
those which may be enforced in the
first instance, before resort is had to
secondary rights. The term is used
particularly in the law of surety ship
and in that of commercial paper.
In the case of public and private
duties, "primary" refers to those duties
which must be first performed, even if
less important duties are neglected.
In the law of evidence: The term refers
to the best evidence which could
prove a fact; again as contrasted with
secondary.
As applied to elections: The term
refers to the selection by qualified
voters of candidates who will be voted
on at a general election.
Primary Evidence
The best evidence which could prove
a fact; as contrasted with secondary.
Primary Jurisdiction, Doctrine of
The doctrine of primary jurisdiction,
courts must refrain from determining
a controversy involving a question
which is within the jurisdiction of the
administrative tribunal prior to its
resolution by the latter, where the
question demands the exercise of
sound administrative discretion
requiring the special knowledge,
experience and services of the
administrative tribunal to determine
technical and intricate matters of fact.
Bagunu vs. Aggabao, 655 SCRA 413
(2011)
Primary Radar
A radio detention system based on the
comparison of reference signals with
radio signals from the position to be
determined. (Article 1, Section 2,
Radio Regulations.)
Principal
The sum of money loaned for which
periodic interest is due.
In the law of agency: The person who
grants authority to a person, called an
agent, to make contracts or enter into
transactions, which the principal may
enforce and on which he will be liable.
In the law of surety: A person who is
primarily liable to a creditor, but who
incurs that liability jointly with a third
person, the surety.
In Criminal law: The actual
perpetrator of a crime as
distinguished from his accomplice
and his accessories.
One who took direct part in the
commission of the crime, or indirectly
forced or induced others to commit it
or cooperated in its commission by
some indispensable act.
Principally
As used in Article 364 of the Civil
Code: Not equivalent to "exclusively"
so that there is no legal obstacle if a
legitimate or legitimated child should
choose to use the surname of its
mother to which it is equally entitled.
(Duterte vs. Republic, 97 SCRA 858)
Principal Conditions
The term principal conditions in
171
Article 1291 of the Civil Code should be
construed to include a change in the
period to comply with the obligation,
which change in the period would only be
a partial novation, since the period
merely affects the performance, not the
creation of the obligation. Ong vs.
Bogalbal, 501 SCRA 490 [2006]
Principal Office of the Corporation
In Corporation law: The place where
the books of the corporation are kept,
where its officers usually and
ordinarily meet for the purpose of
managing the affairs and transacting
the business of the corporation. The
location of the principal office is
important in determining the courts in
which the corporation is liable to suit
and so forth.
Principle
A statement of a rule of law of great
generality, and one that is accepted
among lawyers as basic, so that any
less general rule or any specific
decision which contradicts it, would
be either obviously wrong or
justifiable only by extremely
exceptional circumstances. Whether a
general statement is a principle which
may not be questioned or
contradicted, or a rule which may
hold for one class of cases and not for
another, is often a matter of
controversy, and will be determined
by valuations that will change with
time and place.
Principle of Inscrutable Fault
172
In code of commerce: When it cannot
be determined which of the two
vessels has caused the collision, both
shall be solidarity liable for the
damages occasioned to their cargoes.
Principle of Interpretation
In case of doubt, all labor legislations
and all labor contracts shall be
construed in favor of the safety and
decent living for the laborers. (Article
1702, Civil Code)
Prior Applicant Rule
In Public Service law: Priority in the
filing of the application for a certificate
of public convenience is, other
conditions being equal, an important
factor in determining the rights of the
public service companies; but, if other
conditions are not equal, such priority
is not ordinarily of sufficient
importance to control the granting of a
certificate of public convenience
(Batangas Transportation Company
vs. Orianes, 52 Phil. 455; Litimco vs.
La Mallorca, Inc., 5 SCRA 43)
Priority
The right to be paid or to have an
obligation satisfied, before some other
person is paid or has his obligation
satisfied. Creditors have priority over
legatees in the distribution of a
decedent's estate. Secured creditors
have priority over general creditors in
the distribution of a bankrupt's estate,
and, among general creditors some
are given by statute priority over
others. Among lien-holders, priority is
usually given them the order in which
the lien attaches.
Prior Judgment
A prior judgment to constitute a bar to
a subsequent case, the following
requisites must concur:
1. It must be a final judgment;
2. It must have been rendered by a
Court having jurisdiction over the
subject matter and over the parties;
3. It must be a judgment on the merits;
and
4. There must be, between the first and
the second actions, identities, identity
of subject matter and identity of
action. (Mendoza vs. Arrieta, 91 SCRA
113)
Prior Operator Rule
In Public Service law: Before permit
ting a new operator to invade the
territory of another already
established with a certificate of public
convenience, the prior operator must
first be given opportunity to extend its
service in order to meet the public
needs in the matter of transportation.
(Javier vs. Orlanes, 53 Phil. 468;
Darang vs. Salamida, 105 Phil. 1316)
However, the prior operator rule
cannot take precedence over the
convenience of the public. (Intestate
Estate of Tiongson vs. Public Service
Commission, 36 SCRA 241)
The old operator rule must promptly
offer to meet the increased demand
before another operator offers to
render the additional service.
(Raymundo Transportation Co. vs.
Cerda, 99 Phil. 99)
Prior restraint (censorship)
View that by allowing the
government to electronically search
without warrant and administratively
censor all categories of speech,
specifically speech which is non-
pornographic, not commercially
misleading and not a danger to national
security, which cannot be subjected to
censorship or prior restraint, Section 19 is
unquestionably repugnant to the
guarantees of free speech, free
expression and free press and the rights
to privacy of communication and against
unreasonable searches and seizures.
Disini vs. Secretary of Justice, 716 SCRA
237 [2014]
View that prior restraint is defined as
the official governmental restriction
on the press or other forms of
expression in advance of actual
publication or dissemination. GMA
Network, Inc. vs. Commission on
Election, 734 SCRA 88 (2014)
Prision Correccional
Duration of penalty from six months
and one day to six years. (Article 27,
Revised Penal Code)
Prision Mayor
173
Duration of penalty from six years
and one day to twelve years. (Article
27, Revised Penal Code)
Prision Perpetua
Life imprisonment.
Prison
It is a place where persons are kept in
custody pending trial or confined as
punishment after conviction.
Prisoner
In a broad sense: A prisoner is any
person unlawfully restrained of his
liberty or unlawfully detained from
his proper custody; any person who is
being held in confinement against his
will; a captive detained in some place
of confinement. (People vs. Liong, 47
O.G. 1321)
In a narrower and more technical
sense: A prisoner is a person deprived
of his liberty by virtue of a judicial or
other lawful process; a person
commit ted to prison; one that is
confined in prison on an action or
upon commandment. (Id.)
A person confined to a prison by
judicial process.
Prisoners of War, Treatment of
In International law: Article 4 of the
Hague Regulations Respecting the
Laws and Customs of War on Land
pro vides that prisoners of war are in
174
the power of the hostile government,
but not in that of the individuals or
corps who capture them. They must
be humanely treated. All their
personal belongings, exceptions,
horses, and military papers remain
their property.
Prison Labor
Labor which is carried on by convicts,
and which may be imposed as
punisment.
Prins Tempore, Portior Jure
Latin: First in time, stronger in right.
Privacy, Right to
The right of privacy has been
accorded recognition as a facet of the
right protected by the guarantee
against unreasonable search and
seizure under Section 2, Article III of
the 1987 Constitution. Pollo vs
Constantino-David, 659 SCRA 189
The right to privacy, or the right to be
let alone, was institutional in the 1987
Constitution as a facet of the right
protected by the guarantee against
ureasonable searches and seizures.
Disini, Jr. vs. Secretary of Justice, 716
SCRA 237 (2014)
Private
That which affects or relates to private
persons, as distinguished from that
which affects the public in general.

Private Alley
An alley which is not dedicated to the
public use and to which the general
public is denied access or which is set
apart for some particular purpose.
(City of Manila vs. Entote, 57 SCRA
497)
Private Carriers
One engaged in the business of
transporting goods by land, through
its trucking service, is a common
carrier, as distinguished from a
private carrier wherein the carriage is
generally undertaken by special
agreement and it does not hold itself
out to carry goods for the general
public. Loadmaster Customs Services,
Inc. vs. Glodel Brokerage Corp., 639
SCRA 69 (2011)
Private Communication
A communication made by any
person to another in the performance
of any legal, moral or social duty. (Art
354, Revised Penal Code)
Private Documents
Every deed or instrument executed by
a private person, without the
intervention of a public notary or
other person legally authorized, by
which document of some disposition
or agreement is proved, evidenced or
set forth.
Section 20, Rule 132 of the rules of
court provides that proof of private
document. Before any private
document offered as authentic is
received in evidence, its due execution
and authenticity must be proved
either: (a) By anyone who saw the
document executed or written; or (b)
By evidence of the genuineness of the
signature or handwriting of the
maker.
Any other private document need
only be identified as that which it is
claimed to be.
Private Enemy Vessels,
Appropriation of
In international law: It had been the
old rule dating as far back as the
Middle Ages that private vessels and
private enemy goods thereon may be
seized and appropriated. Since the
Declaration of Paris of 1856 did not
revoke this rule it would seem that it
is still valid although there has been
much agitation for its abolition.
However, under Article 4 of
Convention XI of the Second Hague
Conference this rule does not extend
to vessels with a religious, scientific or
philanthropic mission.
Private International Law
The so-called private international law
is the best of rules which are observed
in deciding cases where there is a
conflict between the municipal laws of
175
two or more States involving private
rights. It is therefore not international
law in the true sense of the word. A
more apt term for it is conflict of laws.
However, when some of these rules
are embodied in a treaty they assume
the character of rules of conventional
inter national law, e.g., the Geneva
Convention on Bills of Exchange.
That part of the law of each state
which determines whether in dealing
with a factual situation involving a
foreign element, the law of some state
will be recognized. The foreign
element may appear in simple or
complex form.
Private Law
That branch of the law which is con
cerned with the legal relations
between private individuals, as
distinct from public law.
Private Nuisance
One which violates only private rights
and produces damages to but one or a
few persons. While in some cases a
private nuisance has been said to exist
only where one is injured in relation
to a right which he enjoys by reason of
his ownership of an interest in land,
still many cases have extended the
scope of a private nuisance as to
include only annoyance not only in
176
relation to lands and tenements but
also to persons.
As distinguished from public
nuisance: The difference between
public and private nuisances is that a
public nuisance affects the public at
large, and a private nuisance, the
individual or a limited number of
individuals only. The test is not the
number of persons annoyed, but the
possibility of annoyance to the public
by the invasion of its rights- the fact
that it is in a public place and
annoying to all who come within its
sphere.
Private Placement
In Securities Act: An issue that is
offered to a single or a few investors
as opposed to being publicly offered.
Private placements do not have to be
registered with the Securities and
Exchange Commission.
Private practice of law
Essentially, the term private
practice of law implies that one must
have presented himself to be in the active
and continued practice of the legal
profession and that his professional
services are available to the public for a
compensation, as a source of his
livelihood or in consideration of said
services. Busilac Builders vs. Aguilar, 504
SCRA 585 [2006]
Private Servant
In diplomatic parlance: A person who
is in the domestic service of a member
of the diplomatic mission and who is
not an employee of the sending State.
Private Wharf
One whose owner or lessee has
exclusive enjoyment or use thereof.
(Aboitiz Shipping Corporation vs.
City of Cebu, 13 SCRA 449)
Privies
Persons who are mutually interested
in a thing because of their relations to
each other, but not including persons
who have contracted together.
Privilege
A benefit or immunity conferred by
law on a person or group of persons.
In Local Tax law: A right or immunity
granted as a peculiar benefit,
advantage or favor.
Privileged Communication, Doctrine
of
The concept of privileged
communication is implicit in the
constitutionally protected freedom of
the press, which would be threatened
when criminal suits are
unscrupulously leveled by persons
wishing to silence the media on
account of unfounded claims of
inaccuracies in news reports. Yambot
vs. Tuquero, 646 SCRA 249 (2011)
Rules on privileged communications:
Tied up with the existence of malice
are the so-called privileged matters,
such as
1. Privileged communications,
2. Fair and true report of official
proceedings,
3. Fair comment by newspapers and
4. Criticisms of the actuations of
public officials. These matters, though
libelous, are not actionable because
their authors are supposed to have
acted without malice and with good
motive and justifiable end. Malice
being lacking, there is no libel. It
should be noted that libelous remarks
made maliciously in connection with
privileged matters are actionable.
(Article 362, Revised Penal Code)
Privilege from Arrest
In Civil cases: Ambassadors, public
ministers and their servants are
privileged from arrest. So are
members of National Assembly,
witnesses and parties to suit, and bail
while going to, returning from and
remaining about the business in which
they are engaged; barristers and
attorneys while engaged in the
business of the court; clergymen while
going to church, performing service
and returning.
Privilege Tax
A tax levied on any business or
occupation. (Section 178, National
Internal Revenue Code)
177

Privity
Relationship between persons who are
participants in a transaction by
knowledge or interest, or are
successively interested in property, as
occupants or owners. Privity thus
exists between a testator and executor,
bankrupt and trustee, etc.
Privity of Contract
The general requirement that a per
son who sues upon a contract must be
the promisee or must have some legal
interest in the undertaking. There are
some exceptions to the rule: (a) Where
assets come into the promisor's hands
which is equity belong to a third per
son; (b) where the plaintiff is the
beneficiary solely interested in the
promise,
I.e. where the contract is for the
benefit of the third party beneficiary.
Prize
In International law: The general term
applied to captures of ships and their
cargo made at sea in time of war. The
rights of the parties concerned in the
capture and the disposition of private
vessels or goods are determined by
the national prize court.
Property captured from the enemy at
sea. Claims in regard to prize are
178
adjudicated by special courts set up
for that purpose, called Prize Courts.
Prize Court
In International law: An admiralty
court which has jurisdiction over
prizes- that is, ships and cargoes
carried therein which are the lawful
object of seizure-captured in time of
war. Prize courts are municipal courts
al though in most countries they may
to a limited extent apply international
law. At Hague Conference of 1907 an
at tempt was made to establish a
special universal court for the
settlement of prize cases, the
International Prize Court which was
to be an international court of appeal
superior to national prize courts. The
object was agreed on by the
Conference in its 12th convention but
the convention was never ratified.
If the capture of a private enemy
vessel or private enemy goods is con
firmed by a Prize Court they become
the property of the belligerent whose
forces made the capture.
Pro
Latin: For; on account of; by way of;
according to; in place of.
Probable Cause
Personal Knowledge of facts must be
based on probable cause, which
means an actual belief or reasonable
grounds of suspicion; A reasonable
suspicion must be founded on
probable cause, coupled with good
faith on the part of the peace officers
making the arrest. People vs. Uyboco,
640 SCRA 146 (2011)
Probable cause is defined as such facts
as are sufficient to engender a well-
founded belief that a crime has been
committed, and that the persons being
charged are probably guilty thereof.
Araullo vs. Office of the Ombudsman,
731 SCRA 34 (2014)
Probable Cause for Search
Such facts and circumstances which
would lead a reasonable discreet and
prudent man to believe that an offense
has been committed and that the
objects sought in connection with the
offense are in the place sought to be
searched. (Burgos, Sr. vs. Chief of
Staff, Armed Forced of the
Philippines, 133 SCRA 800)
Probable Debts
In Insolvency law: (1) All debts and
payable from the debtor at the time of
the adjudication of insolvency; and (2)
All debts then existing but not payable
until a future time.
Probate
The acceptance of a document as the
last will and testament of a deceased
person. It is the subject of jurisdiction
either of special courts, or of courts of
general jurisdiction.
To prove a written instrument as a
deceased person's will and testament.
The act or process of proving a will by
a court having competent jurisdiction.
Probate Court
The jurisdiction of a probate court
extends to matters incidental or
collateral to the settlement and
distribution of the estate, such as the
determination of the status of each
heir and whether the property in the
inventory is conjugal or exclusive
property of the deceased spouse.
Agtarap vs. Agtarap, 651 SCRA 455
(2011)
Probate court having jurisdiction over
properties under administration has
the authority not only to approve any
disposition or conveyance, but also to
annul an unauthorized sale by the
prospective heirs or administrator.
Silverio, Sr. vs Silverio, Jr., 733 SCRA
183 (2014)
Probate Proceedings
The appointment of a special
administrator is an interlocutory or
preliminary order to the main case for
the grant of letters of administration in
a testate or intestate proceeding.
Manungas vs. Loreto, 655 SCRA 734
(2011)
Probation
179

An order placing defendant on
''probation" is not a "sentence" but is
rather in effect as suspension of the
imposition of sentence. It is not a final
judgment but is rather an
''interlocutory judgment'' in the nature
of a conditional order placing the
convicted defendant under the
supervision of the court for his
reformation, to be allowed by a final
judgment of discharge, if the
conditions of the probation are
complied with, or by a final judgment
of sentence if the conditions are
violated. (Baclayon vs. Mutia, 129
SCRA 148.)
View that probation is special
privilege granted by the state to
penitent, qualified offenders who
immediately admit to their liability
and thus renounce the right to appeal.
Disini, Jr. vs. Secretary of Justice, 716
SCRA 237 (2014)
Probationer
One who is on trial or probation.
The practice under special statutes in
Great Britain, the United States and
lately in the Philippines, of releasing
first offenders who have been
convicted of a crime, with special
regulations of reporting and
investigation, so as to ensure their
good behavior. Violation of probation
rules may result in a rearrests and
sentence on the original charge.
180
Formerly, Act. No. 3221, the Probation
Law, was declared unconstitutional in
People vs. Vera, 65 Phil. 56.
Probation Officer
One who investigates for the court a
referred for probation or supervises a
probationer or both. (Section 3(c),
Presidential Decree No. 968)
Probation Law
The Probation Law, said the court in
Francisco, requires that an accused
must not have appealed his conviction
before he can avail himself of
probation. Colinares vs. People, 662
SCRA 266 (2011)
Probationary Employees
A probationary employee, like regular
employee, enjoys security of tenure;
Grounds for termination on the
services of an employee engaged on
probationary basis. Robinson
Galleria/Robinsons Supermarket
Corporation vs. Ranches, 640 SCRA
135 (2011)
There are two grounds to legally
terminate a probationary employee, it
may be done either:
1. For a just cause; or
2. When the employee fails to
qualify as a regular employee in
accordance with reasonable standards
made known by the employer to the
employee at the start of the
employment. Hacienda Primera
Development Corporation vs.
Villegas, 647 SCRA 536 (2011)
A probationary employee is one who
is on trial by the employer during
which the employer determines
whether or not said employee is
qualified for permanent employment.
Universidad de Sta. Isabel vs.
Sambajon, Jr., 720 SCRA 486 (2014)
Probe
An inquiry or investigation into
irregularities by public officials or
others. Probes are frequently
instituted by department head or by
special committee chosen for that
purpose by the legislative. To conduct
such an inquiry.
Pro Bono Publico
Latin: For the public good; for the
general welfare.
Procedural Due Process
The essence of procedural due process
is expressed in the immortal cry of
Themistocles to Eurybiades: ''Strike,
but hear me first.'' In more familiar
words the justice that procedural due
process guarantees, to repeat, with
Daniel Webster, is the one which
hears before it condemns, which
proceeds upon inquiry and renders
judgment only after trial.''
Procedural Question
Elements of: (1) The civil case involves
facts intimately related to those upon
which the criminal prosecution would
be based; (2) in the resolution of the
issue or issues raised in the civil
action, the guilt or innocence of the
accused would necessarily be
determined; and (3) jurisdiction to try
said question must be lodged in
another tribunal. (Prado vs. People,
133 SCRA 602.)
Procedural Rules and Technicalities
Procedural rules should be liberally
construed in order to promote their
objective and assist the parties in
obtaining just, speedy and
inexpensive determination of every
action or proceeding. F.A.T. Kee
Computer Systems, Inc. vs. Online
Networks International, Inc., 641
SCRA 390 (2011)
The Supreme Court has ruled that
technical rules of procedures should
be used to promote, not frustrate the
cause of justice. Crisologo vs. JEWM
Agro-Industrial Corporation, 717
SCRA 644 (2014)
Procedural laws have retroactive
application. Light Rail Transit
Authority vs. Salvana, 726 SCRA 141.
(2014)
Rules of procedure are established to
secure substantial justice, and that
technical requirements may be
181
dispensed with in meritorious cases.
Barcelona vs. Lim, 724 SCRA 433
(2014)
Procedure
Procedure is generally accepted as
embracing both pleading and practice
and it also includes evidence. (Tiglao
vs. Commission on Elections, 34 SCRA
456)
Proceeding
The form in which actions are to be
brought and defended, the manner of
intervening in suits, of conducting
them, the mode of deciding them, of
opposing judgments and of executing.
(Companie Des Messageries
Maritemes vs. Court of Appeals, 99
SCRA 644)
The alternative phrase ''or such
proceeding was taken,'' employed in
Section 3, Rule 38 of both the old and
new Rules, on the entry of judgment,
means other proceedings which are
not to be "entered." In such a case, the
period must have to commence from
the date of occurrence because entry is
either unnecessary or inconsequential.
One good example of a ''proceeding''
is a writ of execution. And so is an
order approving a compromise
agreement which right then and there
writes finis to the controversy. (Dirige
vs. Biranya, 17 SCRA 840)
Proceeds
182
One of equivocal import, and of great
generality. It does not necessarily
mean money, its meaning in each case
depending very much upon the
connection in which it is employed
and the subject matter to which it is
applied. Strictly speaking, it implies
something that arises out of or from
another thing, and in its ordinary
acceptation, when ap plied to the
income to be derived from real estate.
it embraces the idea of issues, rents,
profits, or produce. In a commercial
sense it means the sum, amount, or
value of goods or things and
converted into money. (Consolidated
Mines. Inc. vs. Court of Tax Appeals,
58 SCRA 618)
Process
The means used by a court to compel
obedience to its mandates, as to
compel the defendant's appearance, as
to attach or levy upon the defendant's
property, etc.
Original process is used to compel the
defendant to submit to the court's
jurisdiction.
Processing
In omnibus investments code:
Converting of raw materials into
marketable form through physical,
mechanical, chemical, electrical,
biochemical, biological or other means
or by a special treatment or a series of
actions, such as slaughtering, milling,
pasteurizing, drying, or desiccating,
quick freezing, that results in a change Fr. Next friend.
in the nature or state of the products.
Merely packing or packaging shall not Proclamation
constitute processing.
A public notice made by the
Processing Tax president, governor or mayor.

A tax upon persons who process Pro Confesso

agricultural commodities.
Latin: As confessed.
Process Servers
In Equity: A decree taken where the
As a process server, it is the duty of defendant is in default in appearing or
respondent to ensure that court answering.
notices are promptly served upon the
parties. Santiago, Jr. vs Camangyan, Proctor
657 SCRA 472 (2011)
An attorney who is admitted to
The duty of a process server is vital to practice in a court of probate or
the machinery of the justice system. admiralty, or in an ecclesiastical court.
His primary duty is to serve court
notices, which precisely requires Procuration
utmost care on his part by seeing to it
that all notices assigned to him are A power or authority given in writing;
duly served upon the parties. Tan vs. as a power of attorney.
Azcueta, 739 SCRA 1 (2014)
Procurator
Process Verbal
A proctor. One who holds a
Fr. An authenticated official procuration.
statement.
In diplomatic parlance: The formal Prodest
record of the proceedings of a
conference or congress, for which Latin: Every innovation occasions
sometimes the term ''protocol'' is used more than harm by its novelty than
inappropriately in the view of the benefit by its utility.
sum.
Producing Patented Mineral Claims

Prochein Ami

183
Claims producing mineral for
commercial purposes. (Section 18,
Presidential Decree No. 464.)
Product
A substance produced from another
substance. (Philippine Manufacturing
Company vs. Meer, 76 Phil. 436)
Production Cost
In omnibus investments code: The
total of the cost of direct labor, raw
materials, and manufacturing
overhead determined in accordance
with generally accepted accounting
principles, which are incurred in
manufacturing or processing the
products of a registered enterprise.
Pro Falso Clamore Suo
Latin: By reason of his false claim;
because of which the plaintiff was
amerced.
Profanity
Cursing, swearing.
Profanity may constitute a punishable
offense.
Profert
An offer to produce or production of a
written instrument, as a deed, in
court. The offer may be made in the
pleading or on the trial of the action.
184
The profert is considered equivalent to
attaching a copy to the pleading.
Profert in Curia
Latin: He produces in court.
Profession
A calling which requires the passing
of an appropriate government board
or bar examination, such as the
practice of law, medicine, public
accountancy, engineering, etc. (Section
3 (e-1), Local Tax Code)
Professional Driver
Every and any driver hired or paid for
driving or operating a motor vehicle,
whether for private use or for hire to
the public. Any person driving his
own motor vehicle for hire is a
professional driver. (Article II, Section
3[e], Land Transportation and Traffic
Code.)
Professional Employee
Any employee who is engaged in
work predominantly intellectual and
varied in character, and requires the
consistent exercise of discretion and
judgment in its performance, and is of
such a character that the output
produced or the result accomplished
cannot be standardized in relation to a
given period of time, and whose hours
of work of the same nature as that
performed by non-exempt employees
do not exceed twenty percent of the
hours worked in the work week by
the non-exempt employees, except
where such work is necessarily
incident to work of a professional
nature; and which requires, first,
knowledge of an advanced type in a
field of science or learning
customarily acquired by a prolonged
course or specialized intellectual
instruction and study, or second,
predominantly origin al and creative
in character in a recognized field of
artistic endeavor. (National
Waterworks & Sewerage Authority vs.
NWSA Consolidated Union, 11 SCRA
766)
Professional Reinsurer
In Insurance law: Any person,
partnership, association or
corporation that transacts solely and
exclusively reinsurance business in
the Philippines.
Proffer
To offer or propose.
Profit
Gain, as the difference between the
cost of goods and the selling price
when the latter exceeds the former.
Excess of returns over expenditures
from a transaction or business. A
division of gross returns, though it
may include a division of profits, is
nevertheless not a division of profits
as such. Hence, it has been held that
a pure, simple agreement to share
gross re turns does not constitute a
partnership, for the essential element
in a partnership is an agreement to
share profits as such. A participation
in commission has been held to be
such a participation in profits as to
make the parties sharing the
commissions partners, and
commissions received are not
frequently accounted as profits.
Profit a Prende
Fr. The right to take the fruits of the
land.
The right to take produce of land,
minerals, timber, etc., where the land
belongs to another.
Pro Forma
Latin: For form's sake; as a matter of
form.
Pro Forma Motion
A motion for reconsideration is pro
forma when it does not specify the
findings or conclusions in the
judgment which are not supported by
evidence or which are contrary to law,
making express reference to the
pertinent evidence or legal provisions,
as expressly required in the third
paragraph of Section 2, Rule 37 of the
Rules of Court. (Cruz vs. Villaluz, 88
SCRA 506)
185
Prohibition
The function of prohibition is to
prevent the unlawful and oppressive
exercise of legal authority and to
provide for a fair and orderly
administration of justice. Yusay vs
Court of Appeals, 647 SCRA 269
(2011)
A writ of prohibition only lies against
the tribunal, corporation, board,
officer or persons exercise of judicial,
quasi-judicial or ministerial function.
Kalipunan ng Damayang Mahihirap,
Inc. vs. Robredo, 730 SCRA 322. (2014)
Prohibitory Injunction
Prohibitory, sometimes called
preventive, injunction is one that
operates to restrain commission or
continuance, of an act, and to prevent
threatened injury. It commands a
person to refrain from doing an act.
Kinds of prohibitory injunction:
Prohibitory injunction may be
classified into (a) preliminary
injunction and (b) final injunction.
Pro Hoc Vice
Latin: For this occasion.
Pro Indiviso
Latin: As undivided. Referring to
lands held in common or jointly.
186
Pro Interesse Suo
Latin: According to his own interest.
Project Employees
The litmus test to determine whether
an individual is a project employee
lies in setting a fixed period of
employment involving a specific
undertaking which completion or
termination has been determined at
the time of the particular employees
engagement. Leyte Geothermal Power
Progressive Employees Union-ALU-
TUCP vs. Philippine National Oil
Company-Energy Development
Corporation, 646 SCRA 658 (2011)
A project employment contemplates
on arrangement whereby the
employment has been fixed for a
specific project or undertaking whose
completion or termination has been
determined at the time of the
engagement of the employee.
Universal Robina Sugar Milling
Corporation vs. Acibo, 713 SCRA 596
(2014)
Projecting Sign
A sign fastened to, suspended from or
supported on a building or structure
the display surface of which is
perpendicular from the wall surface or
is at an angle therefrom.
Prolicide
The killing by a parent of offspring;
e.g., infanticide.
Prolixity
In pleading: The allegation of
superfluous facts.
Promisee
One to whom a promise is made.
An agreement or declaration that an
act will be performed.
Promise of Marriage
A promise to marry may be inferred
from and proven by showing the
conduct of the party and general
circumstances which usually attend a
marriage engagement, such as
writing, understanding among friends
and relations, and preparations for
marriage. If the offer is by letter by
one at a distance, it will be presumed
to continue for a reasonable time for
the other party's consideration, and if
accepted within a reasonable time and
before it is revoked the contract is
completed. If made, however, and
both parties do not treat the contract
as continuing it will be considered to
be abandoned by mutual consent.
Promisor
One who makes a promise.
Promissory Estoppel
An estoppel may arise from the
making of a promise, even though
without consideration, if it was
intended that the promise should be
relied upon, and if a refusal to enforce
it would be virtually to sanction the
perpetration of fraud or would result
in other injustice. (Ramos vs. Central
Bank, 41 SCRA 565)
Promissory Note
In Negotiable Instruments law: A
negotiable promissory note is an un
conditional promise in writing by one
person to another, signed by the
maker, engaging to pay on demand,
or at a fixed or determinable future
time, a sum certain in money, to order
or to bearer. Where a note is drawn to
the maker's own order, it is not
complete until indorsed by him.
A written unconditional promise to
pay a definite sum of money on
demand or on a specified or
determinable date. The person making
the note is the maker and it is payable
to a named per son (the payee), to his
order, or to bearer.
Promissory Representation
In Insurance law: A promise to be
performed after the contract has come
into existence, or a statement by the
in sured, concerning what is to
happen during the term of insurance.
Promissory Warranty
187
In Insurance law: One in which the
insured undertakes that something
shall be done or omitted after the
policy takes effect and during its
continuance. It is of an executory
character and is in the nature of a
condition subsequent.
Promoter
One who undertakes to organize a
corporation. Promoters may enter into
contracts before the corporation is
organized and often have the
corporation subsequently assume
such liabilities. Unless specifically
released, however, the promoter will
also be liable. The relationship is that
of a beneficiary and fiduciary, and he
is accountable for secret gains.
In Securities Act: Any person who,
directly and indirectly, takes initiative
in founding and organizing the
business or enterprise of an issuer.
Any person who, in connection with
the founding and organizing of the
business of an issuer, directly or
indirectly, receives in consideration of
services or property or both services
and property, ten ( 10% ) per centum
or more of any class of securities of
the issuer or ten (10%) per centum or
more of the proceeds from the sale of
any class of such securities.
Promotion
The advancement from one position to
another with an increase in duties and
responsibilities as authorized by law,
188
and usually accompanied by an
increase in salary. (Sta. Maria vs.
Lopez, 31 SCRA 637)
Promotion Share
In Corporation law: As to mining
company, it refers to such stock as is
issued to those who originally own
the mining ground or valuable right
connected therewith, in consideration
to their deeding the same to the
mining company, when the company
is incorporated.
It may also mean such stock is issued
to promoters, or those interested in
the company, or incorporating it.
Promulgation of Judgment
Promulgation of the decision is an
important part of the decision making
process. Promulgation signifies that
on the date it was made, the judge or
justices who signed the decision
continued to support it which could
be inferred from his silence or failure
to withdraw his vote despite being
able to do so. A decision or resolution
of the court becomes such, only from
the moment of its promulgation.
Payumo vs. Sandiganbayan, 654
SCRA 277 (2011)
Proof
The burden of proof is generally on
the party seeking relief or having the
affirmative of an issue. The burden
then shifts to the defendant to
establish the contrary position. If the
proof adduced by the plaintiff does
not outweigh that of the defendant he
has not sustained his burden.
The evidence introduced upon the
trial.
Proof beyond Reasonable Doubt
Basic is the rule that in order to affirm
the conviction of an accused person,
the prosecution must establish his
guilt beyond reasonable doubt. People
vs. Rebucan, 654 SCRA 726 (2011)
Proof beyond reasonable doubt is the
degree of proof that, after
investigation of the whole record,
produces moral certainty in an
unprejudiced mind of the accuseds
culpability. Atienza vs. People, 716
SCRA 84 (2014)
Proper
Suitable or correct.
Proper Name
The Christian or given name.
Proper Parties
In modern practice: Parties who may
be joined in an action, as where their
right to relief arises out of the same
transaction or series of transactions,
jointly or severally, if there exist
common questions of law and fact.
One who may join as plaintiff or be
joined as defendant because there is a
question of law or fact common to the
right or duty in which he is interested
and another legal right sought to be
enforced in the action. (Balbastro vs.
Court of Appeals, 48 SCRA 231)
In Constitutional law: One who has
sustained or is in immediate danger of
sustaining an injury as a result of the
act complained of. Until and unless
such actual or potential injury is
established, the complainant cannot
have the legal personality to raise the
constitutional question.
Property
The owner of a parcel of land is the
owner of its surface and of everything
under it, and he can construct thereon
any works, or make any plantations
and excavations which he may deem
proper. Castro vs. Monsod, 641 SCRA
486 (2011)
Property Dividend
A kind of dividend: One in the form of
property.
Property Registration Decree (P.D.
No. 1529)
All lands not appearing to be clearly
within private ownership are
presumed to belong to the state; The
burden of proof in overcoming the
presumption of State ownership of the
189
lands of the public domain is on the
person applying for registration (or
claiming ownership), who must prove
that the land subject of the application
is alienable or disposable.
Petitioners need to prove that:
1. the land forms part of the alienable
and disposable land of the public
domain; and
2. they, by themselves or through their
predecessors-in-interest, have been in
open, continuous, exclusive, and
notorious possession and occupation
of the subject land under a bona fide
claim of ownership from June 12, 1945
or earlier. Valiao vs. Republic, 661
SCRA 299 (2011)
Property Relations
In void marriage, regardless of its
cause, the property relations of the
parties during the period of
cohabitation are governed either by
Article 147 or Article 148 of the family
code.
For article 147 of the Family Code to
apply, the following elements must be
present:
1. The man and the woman must be
capacitated to marry each other;
2. They live exclusively with each
other as husband and wife; and
3. Their union is without the benefit of
marriage, or their marriage is void.
Dino vs Dino, 640 SCRA 178 (2011)
Property Tax
190
A property tax is ordinarily measured
by the amount of property owned by
the taxpayer on a given day, and not
on the total amount owned by him
during the year. It is ordinarily
assessed at stated periods determined
in advance, and collected at appointed
times, and its payment is usually
enforced by sale of the person
assessed. (Villanueva vs. City of Iloilo,
26 SCRA 578)
Property Used in Trade or Business
Property used in trade or business of a
taxpayer does not include property,
the management and handling of
which he leaves entirely to a Filipino
firm while living abroad and merely
receiving income, as he cannot be
considered as engaged in the estate
business in the Philippines. (Arcelles
vs. Meer, 1-3730, April25, 1952)
Propinquity
Consanguinity; relationship; near
kindred.
Proposal
In the law of contracts: It may mean
an offer or invitation to deal.
Expression of intention.
In Criminal law: There is proposal
when the person who has decided to
commit a felony proposes its
execution to some other person or
persons. (Article 8, Revised Penal
Code)
As a rule proposal is not a crime,
however, proposal to commit treason
and rebellion is punishable under
Articles 115, 136 and 141 of the
Revised Penal Code.
Propriety
Pertaining to a proprietor or owner.
Proprietor
An owner of property.
Proprio Vigore
Latin: By its own force; automatically.
Pro Rata
Latin: According to or in proportion.
Proportional.
Applied to the distribution of a fund
in accordance with a certain rate or
standard.
In proportion or ratably, or a division
according to share, interest or liability
of each. (Carried Lumber Co. vs.
ACCFA, 63 SCRA 408)
Pro Renata
Latin: According to the occasion or
emergency as it may arise.
Pro Reo
View that the rationale behind the pro
reo rule and other rules that favor the
accused is anchored on the
rehabilitative philosophy of our penal
system. Corpuz vs. People, 724 SCRA
1 (2014)
Prorogation
A postponement or continuance, as of
a legislative session.
Prose
Latin: For himself or on his own
behalf.
Prosecuting Attorney
An attorney who has the duty of
prosecuting criminal actions.
Prosecution
The conduct of a law suit; the conduct
of the trial of a criminal action. The
word may also be used to refer to the
party conducting the suit or
prosecution.
Prosecution of Crimes
The prosecution has the discretion as
to how to present its case and it has
the right to choose whom it wishes to
present as witness. People vs.
Aleandro, 721 SCRA 102 (2014)
191
Prosecutors to the public to subscribe to shares
there m.
All criminal actions commenced by
complaint or information are
prosecuted under the direction and
control of public prosecutors. Bureau
of Customs vs. Sherman, 648 SCRA Prostitute
809 (2011)
A woman who engages in
The primary duty of a lawyer in promiscuous sexual intercourse for
public prosecution is to see that justice pay.
is done to the State that its penal laws
are not broken and order maintained; Any woman who, for money or profit,
to the victim, that his or her rights are habitually indulge in sexual
vindicated; and to the offender, that intercourse or lascivious conduct.
he is justly punished for his crime. (Article 202 (5), Revised Penal Code)
People vs. Pareja, 714 SCRA 131 (2014)
A woman who habitually and idly
Prospective Interpretation loiters about hotels, cafes,
drinking saloons, houses of ill-repute,
One that makes the provision of the gambling houses, etc., behaving as a
test applies only to future cases or woman of ill-repute and catering to
transactions. the soldiers' pleasures at night is a
vagrant under Section 822 of the
Prospective Trust Revised Ordinances. It is not
necessary to prove that she had no
A word used by writers instead of visible means of support.
spendthrift trust.
Prostitution
Prospectivity of Laws
The law defines prostitution as any
Laws shall have no retroactive effect, act, transaction, scheme, or design
unless the contrary is provided. involving the use of a person by
Barcelona vs. Lim, 724 SCRA 433 another, for sexual intercourse or
(2014) lascivious conduct in exchange for
money, profit, or any other
Prospectus consideration. Disini Jr. vs. Secretary
of Justice, 716 SCRA 237 (2014)
A written statement of the purposes
for which a company is being formed
and containing, usually, an invitation Pro Tanto

192

Latin: For so much; To that extent.
Protection of Citizens
In diplomatic parlance: One of the
duties of a diplomatic envoy is to
protect the interest of his countrymen
who happen to be in the country to
which he is accredited. If such
countrymen are arrested and
detained in custody, or their rights
have been abused by local authorities,
or gross injustice has been committed
against them, and they are unable to
obtain redress through regular
channels, the envoy may intervene
in their behalf. But the intervention
must be conducted through the
ministry or department of foreign
affairs of the host country. The extent
and scope of the intervention is
determined by the laws and
regulations of the envoy's
government. A diplomatic
representative should not interpose
in behalf of citizens of countries other
than his own.
Protection of Labors Earnings
The laborer's wages shall be paid in
legal currency (Art. 1705, Civil Code).
Withholding of the wages, except for a
debt due, shall not be made by the
employer (Art. 1706, Ibid). The
laborer's wages shall be a lien on the
goods manufactured or the work done
(Art. 1707, Ibid). The laborer's wages
shall not be subject to execution or
attachment, except for debts incurred
for food, shelter, clothing and medical
attendance (Art. 1708, Ibid). The
employer shall neither seize nor retain
any tool or other articles belonging to
the laborer. (Art. 1709, Ibid).
Protection Orders
A protection order is an order issued
to prevent further acts of violence
against women and their children,
their family or household members,
and to grant other necessary reliefs. Its
purpose is to safeguard the offended
parties from further harm, minimize
any disruption in their daily life and
facilitate the opportunity and liability
and ability to regain control of their
life. Tua vs. Mangrobang, 714 SCRA
428 (2014)
Protectorate
In International law: The relation be
tween a protecting State and a
protected State. Although
exceptionally the term is used to
describe the relation between a
protecting State and an area or people
not possessing the status of a State.
As the term implies the protected
(weak) State is placed under the
protection of the protecting
(comparatively stronger) State, and
the latter assumes the management of
the important inter national affairs of
the former. The protected State retains
193
all the rights and privileges which it
has not yielded to the protecting State.
Protgs
In diplomatic parlance: The citizens of
a State abroad who are under the
diplomatic protection of another State
by virtue of an international
agreement. This may take place in the
case of a very small State that may not
be in a position to establish missions
abroad, or when a State has
withdrawn its mission be cause of a
rupture of diplomatic relations.
Pro Tempore
Latin: For the time being; Temporarily.
Protest
In International law: A formal
statement of dissent or disapproval
made by one State to another State
whereby the former objects to an act
already per formed or about to be
performed by the latter. The purpose
of a protest is to preclude any
inference of implied recognition or
acquiescence so that a State's rights
may be safeguarded.
Steps taken in making protest:
1. The holder of the dishonored
instrument takes it to a notary public;
2. The notary himself presents the
instrument against to the party who
previously dishonored it, demands
acceptance or payment as the case
may be;
194
3. If payment or acceptance is refused,
the notary public then makes a minute
of the dishonor on the instrument or
on his notarial register, stating the
year, the month and the day of the
dishonor, his charges and affixes his
initials thereon. This must be done on
the day of dishonor and the act is
called "noting"; and
4. On the same day or shortly
afterwards, the notary extends the
protest thus noted by embodying in a
certificate the fact of the protest and
his acts in making presentment,
demand and in giving notice of
dishonor, all of which must bear his
official seal.
Protesting Negotiable Instruments
In diplomatic parlance: The non-
acceptance or non-payment of bills of
exchange and other negotiable
instruments must be proven by means
of a protest, and in international
transactions, the formal act of protest
is done by a consular officer.
Protest for Better Security
In Negotiable Instruments Law: It is
that protest for the purpose of
apprising the persons secondarily
liable of the fact that in all
probability, the instrument will not
be honored upon its maturity, so that
they may provide other means for
the payment of the bill when due, and
thereby prevent the loss or re
exchange, etc., occasioned by the re
turn of the bill. However, if the
drawer and endorsers refuse to
give better security, the holder must,
nevertheless, wait till the bill be due
before he can sue either of those
parties.
Protocol
Etiquette: The body of accepted
practices which has grown up among
the nations in the course of their
contracts with one another. It is a
recognized system of international
courtesy. It plays an important role in
carrying out a successful foreign
policy.
The rules prescribing the etiquette in
ceremonies of state; the code
prescribing deference to rank and
strict adherence to the order of
preference and correct procedure; and
a term applied to diplomatic
formalities including official
ceremonies, precedence, immunities,
privileges, courtesies, etc.
Prout Pateat Per Recordum
Latin: As appears by the record.
A phrase formerly used in pleading
when any statement on record was
referred to.
Prove
To establish by legal evidence.
Proven Farm Practices
Sound farming practices generally
accepted through usage or officially
recommended by the Agricultural
Productivity Commission for a
particular type of farm. (Section 166,
Code of Agrarian Reforms)
Provisional Appointment
One which may be issued, upon the
prior authorization of the
Commissioner of Civil Service in
accordance with the provisions of the
Civil Service Law and the rules and
standards promulgated thereunder, to
a person who has not qualified in an
appropriate examination but who
otherwise meets the requirements for
appointment to a regular position in
the competitive service, whenever a
vacancy occurs and the filing thereof
is necessary in the interest of the
service and there is no appropriate
register of eligible at the time of
appointment. (Ata vs. Namocatcat, 47
SCRA 314)
Provisional Director
In Corporation law: An impartial
person who is neither a stockholder
nor a creditor of the corporation or of
any subsidiary or affiliate of the
corporation, and whose further
qualifications, if any, may be
determined by the Securities and
Exchange Commission.
A provisional director is not a receiver
of the corporation and does not have
195
the title and powers of a custodian or
receiver.
A provisional director has all the
rights and powers of a duly elected
director of the corporation, including
the right to notice of and to vote at
meetings of directors, until such time
as he is removed by order of the Com
mission or by all the stockholders.
Provisional Remedies
A preliminary injunction is merely a
provisional remedy, adjunct to the
main case and subject to the latters
outcome. It is not a cause of action in
itself. Dela Rosa vs. Heirs of Juan
Velez, 654 SCRA 467 (2011)
Provisio
A condition or stipulation, as in an
agreement or statute. An exception.
Provoke
To excite, incite or induce a person to
do some particular act; to irritate or
stimulate by words or acts that which
follows. (People vs. Imson, 80 Phil.
284)
Proximate Cause
Proximate cause is defined
as that cause, which in natural
and continuous, unbroken by
any efficient intervening cause,
196
produces the injury, and
without which the result would
not have occurred. Mendoza vs.
Gomez, 726 SCRA 505 [2014]
Proximate cause is that which, in
natural and continuous sequence,
unbroken by an efficient intervening
cause, produces injury, and without
which, the result would not have
occurred. Ocean Builders
Construction Corp. vs. Cubacub, 648
SCRA 605 (2011)
Proximate cause is defined as that
cause, which, in natural and
continuous sequence, unbroken by
any efficient intervening cause,
produces the injury, and without
which the result would not have
occurred. Mendoza vs. Gomez, 726
SCRA 505 (2014)
Proximate Rule
In Workmen's Compensation law:
The proximity rule exception to the
general going and coming rule is that
an employee is generally considered
to be in the course of his employment
while coming to or going from his
work, when, though off the actual
premises of his employer, he is still in
close proximity thereto, is proceeding
diligently at an appropriate time, by
reasonable means, over the natural,
practical customary, convenient and
recognized way of ingress, or egress
either on land under the control of the
employer, or on adjacent property
with the express or implied consent of
the employer. (Iloilo Dock &
Engineering Co. vs. Work men's
Compensation Commission, 26 SCRA
102)
Proxy
A written instrument authorizing the
person to whom it is given to vote in
place of another; it may also refer to
the person so authorized. It is
commonly used in connection with
the election of corporate directors or
voting for other corporate purpose.
The appointment of a proxy is purely
personal and an incident of ownership
and, therefore, a by-law provision
prohibiting the use of proxy is
contrary to law and, hence, null and
void.
Limitations on proxies:
1. Proxies shall be in writing, signed
by the stock holder or member and
filed before the scheduled meeting
with the corporate secretary;
2. Unless otherwise pro vided in the
proxy, it shall be valid only for the
meeting for which it is intended; and
3. No proxy shall be valid and
effective for a period longer than five
(5) years at one time.
Psychological Incapacity
Psychological Incapacity must refer to
no less than a mental incapacity that
causes a party to be truly in cognitive
of the basic marital covenants that
concomitantly must be assumed and
discharged by the parties to the
marriage. Marable vs Marable, 639
SCRA 557 (2011)
Psychological Incapacity must be
characterized by:
1. Gravity;
2. Juridical Antecedence; and
3. Incurability;
These guidelines do not require that a
physician examine the person to be
declared psychological incapacitated;
The root cause may be medically or
clinically identified. Kalaw vs.
Fernandez, 657 SCRA 822 (2011)
Puberty
In males generally, the age of four
teen years and in females, generally
the age of twelve years. It is the age at
which males and females are
considered to be competent to enter
into the marriage state. The period in
which the sexual reproductive organs
mature.
Public
The citizens or body politic of a state.
Public Administrator
A state official who administers the
estate of a decedent where there is no
one entitled under the law to supply
for letters of administration.
Public Aircraft
197
An aircraft used exclusively in the
service of the National Government of
the Republic of the Philippines or of
any political subdivision or
instrumentality thereof, but not
including any govern ment-own
aircraft engaged in air commerce.
(Section 3, Republic Act No. 776.)
Public Assembly Building
Any building or structure where fifty
(50) or more people congregate,
gather, or assemble for any
purpose. (Fire Code of the
Philippines)
Public Documents
View that a public document is
admissible in evidence even without
further proof of its due execution and
genuineness, but a private document
must be property authenticated before
it is admitted in evidence. Republic vs
Sandiganbayan, 722 SCRA 211 (2014)
Public Dominion
Properties of public dominion are
outside the commerce of man. These
properties are exempt from levy,
encumbrance or disposition through
public or private sale. City of Lapu-
Lapu vs. Philippine Economic Zone
Authority, 742 SCRA 524 (2014)
Public Lands
One of the requirement before an
entitlement to an award of the
198
government-owned lot is that they
must own the subject house. Campos
vs. Ortega, Sr., 724 SCRA 240 (2014)
Publication
While promulgation would seem
synonymous to publication, there is
a statutory difference in their usage.
Gutierrez vs. The House of
Representatives Committee on Justice,
643 SCRA 198 (2011)
Public Auction
Properties of public dominion are not
only exempt from real estate tax, they
are exempt from sale at public
auction- property of public dominion,
which generally includes property
belongings to the state, cannot be
subject of the commerce of man. City
of Pasig vs Republic, 656 SCRA 271
(2011)
Public Biddings
Public biddings are intended to
minimize occasions for corruption and
temptations to abuse discretion on the
part of government authorities in
awarding contracts.
It has been held that the three
principles in public bidding are:
1. The offer to the public;
2. An opportunity for competition;
and
3. A basis for the exact comparison of
bids.
Power Sector Assets and Liabilities
Management Corporation vs.
Pozzolanic Philippines Incorporated,
656 SCRA 214 (2011)
Public Building
In Criminal law: Every building
owned by the Government or
belonging to a private person but used
or rented by the Government,
although temporarily unoccupied by
the same. (Article 301, Revised Penal
Code)
Public Defender
In some jurisdictions, an attorney who
is chosen to represent and defend
persons who have been charged with
criminal offenses.
Public Document
It is a settled rule that documents
acknowledge before notaries public
are public documents which are
admissible in evidence without
necessity of preliminary proof as to
their authenticity and due execution.
Realubit vs. Jaso, 658 SCRA 146 (2011)
Public Domain
Lands which are owned by the
government, including the forests and
the national parks.
Public Enemy
A foreign nation at war or a citizen or
national of such a nation; the term also
includes pirates.
Public Forest
In administrative code: Public forest
includes except as otherwise
specifically implicated, all unreserved
public land including nipa and
mangrove swamps and all forest
reserves of what ever character.
(Section 1820, Revised Administrative
Code)
The term ''public forest'' includes all
unreserved public land, and lY
unreserved lands are included nipa
and mangrove swamps of the public
domain. (Demegillo vs. Director of
Forestry. CA-G.R. No. 24410-R,
October 18, 1965)
Public Juris
Latin: Of public right, Said of common
property.
Public Instrument
Under Spanish notarial law: A class of
public documents defined in Article
596 of the "Key Enjuiciamiento Civil,"
similar to those mentioned in Sections
32 and 39 of Rule 123 of the Rules of
Court. (Pareja vs. Pareja, 95 Phil. 167)
Public Interest
The expressin affected with a public
interest is the equivalent of subject
to the exercise of the police power.
(In re: Atty. Marcial Edillon, 84 SCRA
554)
199
Public Land
The term "public land" refers to all
lands of the public domain and
excludes the patrimonial property of
the government as well as the "Friar
Lands." It specifically refers to lands
whose title still remains in the
Government. (Arch bishop of Manila
vs. Director of Lands,
27 Phil. 245.)
Public land which is identical with
land of the public domain are lands
as are thrown open to private
appropriation and settlement.
(Montano vs. Ins. Govt., 12 Phil. 572.)
Public Law
That branch of law which is concerned
with the relations between
governmental divisions, the
organizations of government, and the
relation between the individual and
the state.
Public Market
A market is a public market when it
is dedicated to the service of the
general public and is operated under
government control and supervision
as a public utility, whether it be
owned by the government or any
instrumentality thereof or by any
private individual. It is settled
doctrine that "a public market may be
the object of individual owner ship or
200
lease, subject to municipal supervision
and control. (Salgado vs. De La
Fuente. 87 Phil. 343)
Public Nuisance
Nuisance is either public or private.
One that affects a community or
neighborhood or any considerable
number of persons, although the
extent of the annoyance, danger or
damage upon individuals may be
unequal. A private nuisance is one
that is not included in the foregoing
definition. (Article 695, Civil Code)
Public Office
The Constitution stresses that a public
office is a public trust and public
officers must at all times be
accountable to the people, serve them
with utmost responsibility, integrity,
loyalty, and efficiency, act with
patriotism and justice, and lead
modest lives. These constitutionally
enshrined principles, oft-repeated in
our case law, are not mere rhetorical
flourishes or idealistic sentiments.
They should be taken as working
standards by all in the public service.
Government Service Insurance System
(GSIS) vs. Mayordomo, 649 SCRA 667
(2011)
Public Officers
In revised administrative code:
"Officer" when used with reference to
a person having authority to do a
particular act or perform a particular
function in the exercise of
governmental power, shall include
any government employee, agent, or
body having authority to do the act or
exercise the function in question.
In Criminal law: Any person who, by
direct provision of the law, popular
election or appointment by competent
authority, takes part in the
performance of public functions in the
Government of the Philippines, or
performs in said Government or in
any of its branches public duties as an
employee, agent or subordinate
official, of any rank or class. (Article
203, Revised Penal Code)
As a public officer and a trustee for
the public, it is the ever existing
responsibility of respondent to
demonstrate courtesy and civility in
his official actuation with the public.
Alconera vs. Pallanan, 714 SCRA 204
(2014)
Public Order
The term which was found in Spanish
Civil Code is not as broad as public
policy as the latter may refer not only
to public safety but also, to
considerations which are move by the
common good. (Philippine Bank of
Communications vs. Echivarri, 99
SCRA 508)
Public Policy
Public policy has been defined as that
principle under which freedom of
contract or private dealing is restricted
for the good of the community. Power
Sector Asset and Liabilities
Management Corporation vs.
Pozolanic Philippines Incorporated,
656 SCRA 214, (2011)
Public Quasi Corporation
A body which possesses a limited
number of corporate powers and
which are low down in the scale or
grade of corporate existence. The term
is often applied to a body which
exercises certain functions of a
corporate character, but which has not
been created a corporation formerly
by any state.
Public Service
It includes every person that now or
hereafter may own, operate, manage
or control for hire or compensation,
with general or limited clientele
whether permanent occasional or
accidental and done for general
business purposes any common
carrier or public utility.
Includes every person that now or
hereafter may own operate manage,
or control in the Philippines for hire or
compensation with general or limited
clientele, whether permanent,
occasional or accidental and done for
general business purposes, any
common carrier railroad x x x. wire or
201
wireless communication system, wire
or wireless broadcasting stations and
other similar public services x x x.
(Bureau of Telecommunications vs.
Public Service Commission, 29 SCRA
751)
Public Trial
The trial must be public. It possesses
that character when anyone
interested in observing the manner a
judge con ducts the proceedings in his
court room may do so. There is to be
no ban on such attendance. His being
a stranger to the litigants is of no
moment. No relationship to the
parties need be shown. The thought
that lies behind this safeguard is the
belief that thereby the accused is
afforded further protection, that his
trial is likely to be con ducted with
regularity and not tainted with any
impropriety. (Garcia vs. Domingo, 52
SCRA 143)
Public Use
The restrictive view of the term
''public use" cannot be adopted in the
Philippines which does not have big
and correctly located public lands
and which has never been a laissez-
faire state. (Heirs of Juancho Ardona
vs. Reyes, 125 SCRA 220)
Public use is synonymous with public
benefit, public utility, or public
advantage, and to authorize the
exercise of the power of eminent
domain to pro mote such public
202
benefit, etc., especially where the
interest involved are of considerable
magnitude. (Guido vs. Rural Progress
Administration, 84 Phil. 847)
Public Utility
A business which produces and
distributes certain essential services or
commodities, e.g., electric power, gas,
transportation, telephone service, etc.
Public utilities are generally subject to
governmental regulations and control.
It is a devotion of private property by
its owner to such a use that the public
generally has a right to demand that
use or service so long as it is
continued, conducted with reasonable
efficiency and under proper charges.
Public Way
In Building law: A parcel of land
unobstructed from the ground to the
sky, more than 3.00 meters in width,
appropriated to the free passage of the
general public.
In Fire law: Any street, alley or other
strip of land unobstructed from the
ground to the sky, deeded, dedicated
or otherwise permanently
appropriated for public use.
Public Wharf
One that is used generally by public,
free of charge or for compensation.
(Aboitiz Shipping Corporation vs.
City of Cebu, 13 SCRA 449)

Public Writings
The written acts or records of the act
of the sovereign authority, of official
bodies and tribunals, and of public
officers legislative, judicial and
executive, whether of the Philippines,
or of a foreign country.
Public records, kept in the Philippines,
of private writings. (Section 20, Rule
132, Rules of Court)
Puff
To bid of an auction sale for the sole
purpose of raising the price. Such act
one renders the sale voidable by the
purchaser.
To exaggerate the value of goods by
so-called sales talk; or expression of
opinion as to value.
Puis Darrein Continuance
Since the last continuance.
At common law: A plea setting forth
facts or matter arising or coming to
the defendant's knowledge since his
last plea or since the last continuance.
Puppet Government
One which acts as another wills or
dictates. (Etorna vs. Ravelo, 78 Phil.
145)
Pur Auter View
Latin: During the lifetime of another.
Purchase
The word applies to the buying of real
estate and goods and chattels. In legal
phrase it means every method of
acquiring estate and property, except
that by which an heir becomes
substituted in the ownership of the
property on the death of his parent or
ancestor. Title by purchase may be
acquired by deed, will, prescription,
possession or occupancy, by escheat
or through execution.
Purchase of property is broad enough
to include an exchange. (De Navarra
vs. People, 52 O.G. 2392)
Purchase and Sale
A bilateral contract which is a
composite of various obligations,
depending on the terms agreed upon
by the parties regarding the payment
of the price, on the one hand, and the
delivery of the thing sold and the title
thereto, all of which are reciprocal, as
distinguished from correlative ones.
(Luzon Brokerage Co., Inc. vs.
Maritime Building Co. Inc., 46 SCRA
381)
Purchase Money
A term used often in real estate
dealings. In case of conveyance of real
estate the seller has a lien upon the
property for the unpaid money. This
lien exists, however, only between the
parties to the sale and those having
notice that the purchase money has
203
not been paid. Third parties who, not
knowing of the non-payment, lend
money to the purchaser upon
mortgage or judgment duly recorded
or entered, will be preferred. As
against such, however, one holding a
purchase money mort gage or
judgment note will have time if he
acts with all possible diligence in
getting his judgment or mortgage en
ten d for record, and if it is so entered,
it will have priority over other mort
gages and judgments whether entered
before or after.
Purchaser
Properly any buyer. It formerly was
used almost exclusively in the sense of
a buyer of realty, but is increasingly
used in its ordinary and literal sense
of a buyer of either realty or
personality.
Purchaser in Good Faith
One who buys property of another
without notice that some other person
has a right to, or interest in, such
property and pays a full and fair price
for the same, at the time of such
purchase, or before he has notice of
the claim of interest of some other
person in the property. Good faith
consists in an honest intention to
abstain from taking any
unconscientiously advantage of
another. Good faith is an opposite of
fraud and of bad faith and its non-
existence must be established by
204
competent proof. (Cui vs. Henson, 57
Phil. 606)
Who is a purchaser in good faith: A
purchaser in good faith is one who
buys property of another without
notice that some other person has a
right to, or interest in such property
and pays a full and fair price for the
same, at the time of such purchase or
before he has notice of the claim or
interest of some other person in the
property. (Ibid.)
An innocent purchase for value''
referred to in Section 38 of Act No. 496
has been variously defined and
construed as follows:
(a)A purchaser in good faith is one
who buys property of another without
notice that some other person had a
right to, or interest in such property
and pays the full and fair price for the
same, at the time of such purchase, or
before he has notice of the claim or
interest of some other person in the
property. Good faith consists in an
honest intention to abstain from
taking an unconscientiously
advantage of another. Good faith is an
opposite of fraud and bad faith, and
its non-existence must be established
by competent proof. (Cui vs. Henson,
51 Phil. 606.)
(b)A purchaser for value, who takes
property upon the faith of the
certificate so issued, acquires a good
title regard less of irregularity in the
reoccurrence of such order. Any other
conclusion would be wholly
inconsistent with the spirit and
purpose of the Land Registration Law.
(Castillo vs. Valdez, 53 Phil. 120.)
(c)One who is without notice of
defective title. (Emas vs.
Zuzuarregui, 53 Phil. 129.)
(d)A bona-fide mortgagee who
registers his mortgage given for
money advanced to a forger in
reliance on a certificate issued to the
forger as transferee on a forged
transfer has a valid charge against the
registered land. (53
C.J. 1141.)
(e)Where purchaser or mortgagees,
acting in good faith, relies on the
certificate of title in the name of a
person appearing therein as single
without being cognizant of the rights
of his common-law wife as co-owner,
they must be afforded the full
protection of the Torrens system.
(Flores vs. R.F.C., L-5798, Feb. 26,
1954.)
(f)The innocent purchaser for value
protected by the law is one who
purchases a titled land by virtue of a
deed executed by the registered
owner him self, not by a forged deed.
(Joaquin vs. Madrid, L-13551, Jan. 30,
1960.)
(g)If the purchaser had no knowledge,
actual or imputable, of the right of
another person on the property, he is
still a purchaser in good faith
although the vendor was in
possession of the deed of sale from the
registered owner, where the vendor
was in possession of the deed of sale
from the registered owner, together
with the owner's duplicate copy of the
certificate of title. (lnquimboy vs.
Cruz. L-3953, July 26, 1960.)
(h)Innocent purchaser for value
includes also innocent mortgagee,
lessee and other encumbrances.
(Section 38, Act No. 496.)
Pure Endowment Insurance
A variation of life insurance policies:
The amount of benefit to the
beneficiary would be the premium
paid.
Pure Obligation
That in neither which no condition is
placed nor a day fixed for its
compliance. A pure obligation
therefore must be subject to neither a
condition nor a period and is
in1mediately demandable. Immediate
demand ability, which is the most
noteworthy characteristic of a pure
obligation, must be understood
rationally. Hence it does not mean
right here and now but within a
reasonable time.
Purge
To clear one's self of a charge, as of a
criminal contempt.
An act or instance of purging; a
ridding (as of a nation or party) of
element or members as treacherous,
205
disloyal or suspect. (Clemente vs.
Commission on Audit, 128 SCRA 297.)
Purparty
A share or portion of an estate allot
ted to a coparcener.
Purpose Clause of Corporations
Limitations:
(1) Must be lawful;
(2) Must be definitely stated;
(3) Where a corporation has more
than one stated purpose, the
articles of incorporation shall
state which is the primary
purpose and which is/are the
secondary purpose or
purposes;
(4) A non-stock corpo ration may
not include a purpose which
would change or contradict its
nature as such; and (5) Must
be capable of being combined
lawfully.
Purpresture
The wrongful enclosing of or
encroachment on land belonging to
the public, such as a common, or a
high way, a river, a harbor, or a tort. It
was also applied to an encroachment
on the public forest.
Purview
The body of a statute, i.e., all the
enacting clauses after the preamble. It
206
has thus come to mean the general
scope and intention of a statute.
A proviso or exception in a statute.
Put
In Securities Act: A contract sold for a
price that gives the holder the right to
sell to the writer of the contract a
specified amount of securities at a
specified price over a specified period.
Putative
A term used to indicate that persons
are treated as though they had a
specific status when in strict law no
such status exists. It is used in several
connections, chiefly in family law.
A putative marriage is declared to
exist between two persons who
believe them elves married but who
are not in fact married because of the
absence of some formal requirement.
A putative wife or husband is a term
sometimes applied to the party to a
bigamous marriage who contracted
the marriage in good faith.
A putative father is the person duly
declared in filiation processes to be the
father of a bastard. He is liable for the
support of the child, but otherwise the
relations of parent and child do not
exist, especially the right of
inheritance. The putative father will
ordinarily be preferred as guardian to
any person, except the mother, but
this is not a matter of legal right.
Put in Fear

A necessary element in an information

for robbery which formerly had to be
expressly pleaded. It will now be
generally inferred from an allegation
of force and violence.

Puts and Calls

A put is the option of delivering a

specified amount of a particular stock
at a certain price at a particular time.

A call is the corresponding option to

demand such delivery.

Pyramid Scam

When the investor is relatively

uninformed and turns over his money
to others, essentially depending upon
their representations and their
honesty and skill in managing it, the
transaction generally is considered to
be an investment contract. Securities
and Exchanges Commission vs.
Santos, 719 SCRA 514 (2014)

Pyrophoric

Descriptive of any substance that

agilities spontaneously when exposed
to air. (Fire Code of the Philippines)

207
 One who pretends to be skilled in the
practice of his profession.

Calling a physician a quack is

actionable.

Quacunque Via Data

Latin: Whatever way it is given.

Quadripartite

Having four parts or four divisions. It

is used of a contract or other trans
action to which there are four parties.

Quadroon

The issue of a mulato and a white

person.

Quadruplication

A pleading at civil and canon law

corresponding to the rebutter of

Q
common law.

Quae est Eadem

Lat. Which is the same.

A phrase used in common law

pleading to show that the act referred
to as a trespass in the declaration is
Qua the same as that mentioned in the plea
or other subsequent pleading.
Latin: In virtue of being; in so far as.
Quae Plura
Quack
Lat. What more.

208
Formerly the name of a writ issued
after an inquisition had been made of
lands, or office found, of which a man
died seized, to find out what other
lands he may have been seized.
Quaere
Lat. Inquire, or, investigate.
Used in reports to indicate that fur
ther inquiry should be made of a legal
point. It is generally found in the
combination "Sed quaere" (But inquire
further) added to reports of cases
when the reporter regards the syllabus
as doubtful as a matter of law.
Quaerens Non Invenit Plegium
Lat. The plaintiff has not found (i.e.,
furnished) a pledge.
The return of the sheriff in the old
procedure to indicate that a plaintiff,
who has been required to file a bond
or give security in order to proceed,
has failed to do so.
Qualification
Limitation or condition
The necessary attribute for position or
office, or which makes a thing fit for a
certain purpose.
Qualification of Sureties in Property
Bail Bond
The necessary qualification of sureties
to a property bail bond shall be as
follows:
(a)Each of them must be a resident
owner of real estate within the
Philippines;
(b)Where there is only one surety, his
real estate must be worth at least the
amount of the undertaking;
(c)In case there are two or more
sureties, they may justify severally in
amounts less than that expressed in
the undertaking if the entire sum
justified to is equivalent to the whole
amount of Jail demanded.
In all cases, every surety must be
worth the amount specified in his own
undertaking over and above all just
debts, obligations and property
exempt from execution. (Rule 114,
Section 11; 1985 Rules on Criminal
Procedure)
Qualified
Conditional or limited.
Having met or complied with certain
qualifications.
Qualified Endorsement
An endorsement without recourse.
Qualified Fee
A fee or estate subject to a condition
which will end the estate when the
con dition fails. Sometimes called a
base fee or determinable fee.
209
Qualified Piracy
Qualified piracy is committed
whenever a vessel is seized by
boarding or firinb upon the same, or
whenever the pirates have abandoned
their victims without means of saving
themselves or whenever the crime is
accompanied by murder, homicide,
physical injuries or rape. It is
punishable with life imprisonment to
death. (Art. 123, Revised Penal Code)
In code of commerce: ''By complement
of a vessel shall be understood all the
persons on board, from the captain to
cabin boy, necessary for the
management, maneuvers and
service, and therefore, the
complement shall include the crew,
the sailing mates, engineers, stokers,
and other employees on board not
having specific designations; but it
shall not include the passengers or the
persons whom the vessel is trans
porting. (Article 648)
See also Piracy.
Qualified Political Agency
All executive and administrative
organization is adjuncts of the
Executive Department. Angeles vs.
Gaite, 646 SCRA 309 (2011)
Qualified Property
An interest in personal property
dependent on continued possession
properly dependent on continued
possession and lost when possession
is lost.
210
Qualified rape
To warrant the imposition of qualified
rape the following additional elements
must be present: (1) that the victim is
under eighteen years of age at the
time of the rape and (2) the offender is
a parent whether legitimate,
illegitimate or adopted of the victim;
Section 2 of Republic Act No. 9346
imposes the penalty of reclusion
perpetua in lieu of death, when the
law violated makes use of the
nomenclature of the penalties of the
Revised Penal Code (RPC). People vs.
Burce, 720 SCRA 212 (2014)
Rape is qualified when the victim is
under eighteen (18) years of age and
the offender is a parent, ascendant,
step-parent, guardian, relative by
consanguinity or affinity within the
third civil degree, or the common-law
spouse of the parent of the victim.
People vs Buclao, 726 SCRA 365 (2014)
In case of qualified rape, moral
ascendancy or influence supplants the
element of violence or intimidation.
Id.
Qualified Seduction
The seduction of a virgin over twelve
years and under eighteen years of age,
committed by any person in public au
thority, priest, house-servant,
domestic guardian, teacher, or any
person who, in any capacity, is
entrusted with the education or
custody of the woman seduced.
(Article 337, Revised Penal Code)
Seduction (estupro) is either qualified
or simple. Virginity is an element of
qualified seduction, as in consented
abduction. However, in seduction of a
sister or descendant (incest), or a
widow of good reputation, virginity is
not an element. The purpose of the
statute is not to punish illicit
intercourse, but to punish the seducer
who, by means of a promise of
marriage, destroys the chastity of an
unmarried female of previous chaste
character, and who thus draws her
aside from the path of virtue and
rectitude, and then fails and refuses to
fulfill his promise, a character
despicable in the eyes of every decent
and honorable man. (People vs. Iman,
62 Phil. 92)
Seduction generally means to
withdraw a virgin from the path of
rectitude or to lead her astray. It
imports not only illicit sexual
intercourse but also a surrender of
chastity; a surrender of the woman's
personal virtue. The law is for the
protection of the chastity of unmarried
women. In qualified seduction, the
existence of virginity at the time of the
intercourse is a necessary ingredient
of the offense. The prostitute may be
the victim of rape but not of
seduction.
Simple and qualified seduction
distinguished: Simple seduction
requires deceit. Qualified seduction
implies superior power or abuse of
confidence on the seducer's part in
relation to the seduced. Qualified
seduction may be committed only by
the person mentioned in Article 337,
Revised Penal Code. The charge must
specify that the defendant belongs to
any of the classes of persons
mentioned therein. If the indictment
does not specify that the defendant is
a person in authority, servant, etc., the
crime would not be qualified; it may
be only simple seduction, assuming
that there was deceit. This rule applies
even if there is proof that the seducer
lived in the house of the family of the
offended party. The woman seduced
must be over 12 and under 18 years of
age. If she was 30 years old when she
was seduced, she could not recover
damages although she submitted to
sexual intercourse due to the promise
of marriage. A higher penalty is
imposed for qualified, than for simple
seduction, because of the abuse of
confidence and the moral influence
which the seducer exercises over the
victim, as in the case of teacher and
pupil.
Elements: The requisites of qualified
seduction are that there be carnal
intercourse with a virgin (doncella)
over 12 years of age and under 18
years of age and that it be committed
by a person in public authority, priest,
house servant (criado), domestic,
guardian, teacher, or any person who
in any capacity is entrusted with the
education or custody of the seduced
girl. The seduction of a sister or
211
descendant is known as incest.
Virginity (doncellez) is not required
and the woman may be over 18years
of age. Rerationship by consanguinity,
not by affinity, is contemplated. The
relationship need not be legitimate.
The testi mony of the complaining girl
may be sufficient for conviction in
seduction cases.
Qualified Theft
Theft is qualified under article 310 of
the Revised Penal Code under the
following circumstances:
1. if the theft is committed by a
domestic servant;
2. if the theft is committed with grave
abuse of confident;
3. if the property stolen is a
a. motor vehicle
b. mail matter
c. large cattle
4. if the property stolen consist of
coconuts taken from the premises of a
plantation;
5. if the property is fish taken from a
fishpond or fishery; or
6. if property is taken on the occasion
of fire, earthquake, typhoon, volcanic
eruption, or any other calamity,
vehicular accident or civil disturbance.
Clay & Feather International, Inc. vs
Lichaytoo, 649 SCRA 516 (2011)
Qualified Trespass to Dwelling
Any private person who enters the
dwelling of another against the latter's
will. (Article 280, Revised Penal Code)
212
Elements: (a) The offender is a priv-
ate person; (b) he entered the dwelling
of another; (c) against the latter's will.
The penalty attached to the crime is
made to depend upon whether in
forcing his entrance the offender did
or did not use violence or intimidation
as a means of attaining his purpose.
Qualified Voter
A term used to indicate a person who
has a legal right to vote in a particular
place and at a particular time, whether
or not he registers, or votes. However,
the term is sometimes used to refer to
registered voter.
Qualifying Circumstances
Those that change the nature of the
crime.
The revised rules on Criminal
Procedure which took effect on
December 1, 2000 explicitly mandates
that the information must state in
ordinary and concise language the
qualifying and aggravating
circumstances attending an offense.
People vs. Condes, 644 SCRA 312
(2011)
The term aggravating circumstance
is stricty construed when the
appreciation of the modifying
circumstances can lead to the
imposition of the maximum penalty of
death; The qualifying circumstances of
relationship, even if established
during trial, could not affect the
criminal penalty of the accused by
virtue of its non-allegation in the
information. People vs. Dadulla, 642
SCRA 432
Quality
The characteristics or nature of some
person or thing. It was formerly neces
sary in pleading to state the quality of
the thing incidentally referred to or
connected with the situation that
consti tutes the cause of action or the
crime charged.
In modern pleading: Precision in this
respect is no longer required, if the
pleading is substantially correct
Quamdiu Se Bene Gesserit
Lat. As long as he conducts himself
well.
The Latin equivalent for the phrase
'during good behavior,'' used in ap
pointment to public office, when the
appointment is made for life, subject
to general rules of retirement. It
implies that the holder of the office
may not be removed except for cause
duly shown, after a hearing.
Quando Acciderint
Lat. When they shall fall in (i.e., come
into his hands).
Quanti Munoris
Lat. To the extent (that it is) less.
At Roman law: An action or defense
{i.e., exception) in a sale, when the
arti cle sold is less in value that was
reason ably expected, because of
defects, al though there has been no
specific guar anty. It is used as an
alternative to a right of rescission for
breach of an im plied warranty.
Quantity
Extent; duration.
Quantum Damrinificatus
Lat. How much (has he been) dam
aged.
Quantum Meruit
Latin: The amount deserved for
services.
Quantum meruit means that in an
action for work and labor, payment
shall be made in such amount as the
plaintiff reasonably deserves. Heirs of
Ramon C. Gaite vs. The Plaza, Inc.,
640 SCRA 576 (2011)
Quantum of Evidence
In administrative cases, substantial
evidence is required to support any
finding. Substantial evidence is such
relevant evidence as a reasonable
mind may accept as adequate to
support a conclusion. While in
213
criminal cases, the accused is entitled
to an acquittal, unless his guilt is
shown beyond a reasonable doubt.
Proof beyond reasonable doubt does
not mean evidence that which
produces absolute certainty; only
moral certainty is required or that
degree of proof which produces
conviction in an unprejudiced mind.
Tolentino vs. Loyola, 654 SCRA 420
(2011)
Quantum of Proof
Preponderance of evidence is the
weight, credit, and value of the
aggregate evidence on either side and
is usually considered to be
synonymous with the term greater
weight of the evidence or greater
weight of the credible evidence-
preponderance of evidence is a phrase
which, in the last analysis, means
probability of the truth, evidence
which is more convincing to the court
as worthy of belief than that which is
offered in opposition thereto.
Philippine Commercial International
Bank vs. Balmaceda, 658 SCRA 33
(2011)
Quantum Valebat
Lat. As much as goods are reasonably
worth.
The basis of an action for the value of
goods actually received and accepted
by the defendant when the latter has
made no promise to pay a specific
price for them. As in the case of
214
quantum meruit, the plaintiff may not
both rely on an express contract of
sale and on an implied contract to pay
the value of the goods.
This term applies where goods are
sold without specifying the price. The
price to be recovered in such case is
that at which goods are commonly
sold in the neighborhood or locality.
This is what the purchaser
presumably under takes to pay.
Quarantine
Fr. A period of forty days, during
which a widow may occupy the
mansion or manor-house of her
deceased husband, while waiting for
dower to be assigned to her.
In Maritime law: The period during
which a vessel may be detained,
before disembarking passengers or
unloading goods, for the purpose of
determining whether there is danger
of infectious or contagious disease
being spread in the country, if
disembarking or unloading were
permitted. The period was originally
forty days, but no such time
restriction is now attached.
Quare
Lat. Wherefore.
Quare Clausum Fregit
Lat. Wherefore he has broken the
close.
Quare Ejecit Infra Terminum
Lat. Wherefore he ejected him within
the term.
Quare Impedit
Lat. Wherefore he hinders.
Quare Incumbra Vit
Lat. Wherefore he encumbered.
Quarens Nihil Capiat Per Billam
Lat. Let the plaintiff take nothing by
his complaint.
Quare Obstruxit
Lat. Wherefore he obstructed.
Quarter
In the law of war: The right of a belli
gerent, who surrenders, to be taken
prisoner instead of being killed.
Quarter Days
The four days on which rent payable
quarterly is due.
Quartering
One of the incidents in executions for
high treason. The person is sentenced
to be hanged, drawn and quartered.
Quartered means having the dead
traitor's body cut into four parts.
Quartering of Soldiers
The right of a military commander, in
time of war or emergency, to require
civilians for compensation to furnish
board and lodging to soldiers.
Quarter-Year
In computing time: A quarter year at
law is taken to be ninety days.
Quash
To annul; To render why void and
ineffective. The term is use a chiefly in
criminal law in connection with
charges. A motion to quash is based
on defects so grave that no valid
judgment could be rendered.
The term is also used in civil, as well
as criminal procedure, when
irregularities appear so serious that
they render any judgment based on
them subject to being set aside.
Quasi
As if; Seeming, or in a way.
A word frequently used as part of a
compound or as a separate word, to
indicate that one situation or
transaction is closely analogous to
another, without being the same.
Quasi-Confession
215
The silence of a person in a direct and
specific accusation of crime. (People
vs. Pilones, 84 SCRA 156)
Quasi-Contract
A claim created by law, based upon
equity and independent of any
agreement between the person against
whom the claim is made and the
claimant; an implied contract. The
term is often taken to include claims
created by statute, without reference
to either equity or agreement.
Classifications: (1) Nominate and (2)
Innominate. The former is called by
the Civil Code (a) Negotiorum Gestio
and
(b) Solutio Indebite.
In International law: A juridical
relation which is not based on any
agreement, express or implied,
between the parties to it, but which
the law regards as creating obligations
between them because of the
circumstances in which they find
themselves.
Quasi-Corporation
An association which, for many
purposes, may be treated as a
corporation, although it has in fact
never been incorporated in proper
form. Labor Unions, fraternal lodges,
some churches, are examples. The
word may also be ap plied to a
complex of interests such as the estate
of a deceased person, which is often
216
thought of as an entity, al though it
has no legal status as such.
Quasi-Crimes
Offenses against the public, not pun
ishable by fine or imprisonment, but
subjecting the perpetrator to arrest or
disqualifying him for certain types of
public employment. Unlawful
immigra tion which renders the
immigrant liable to deportation is an
example. Expres sion of disloyalty
justifying dismissal from office may be
considered in the same class.
Contempt proceedings are also often
referred to as quasi-criminal.
Quasi-Delict
A quasi-delict, is defined as an act, or
omission which causes damage to
another, there being fault or
negligence. Navida vs. Dizon, Jr., 649
SCRA 33 (2011)
Requisites: (1) An act or omission; (2)
Existence of fault or negligence; (3)
Damage caused by said act or
omission; ( 4) Direct relation of cause
and effect between act or omission
and damage; (5) No pre-existing
contractual relation between the
parties.
Quasi-Delictual Action
Requisites: (1) An act or omission
constituting fault or negligence on the
part of private respondents; (2)
Damage caused by the said act or
omission; (3) Direct causal relation
between the damage and the act or
omission; and (4) No pre-existing
contractual relation between the
parties. Tayag, Sr. vs. Alcantara, 98
SCRA 723
Quasi-Deposit
A deposit effected without the agree
ment of the depositary to assume the
obligation of a deposit. In the case of a
lost personal property which is not a
treasure and the owner is unknown,
the finder is obliged to deposit it with
the mayor of the place where finding
took place. (Art. 719, New Civil Code)
Examples: The obligation of the find
er of property, and of the owner of
land on which, in case of emergency
or dis aster. goods are placed in order
to save them. (See Arts. 2168 & 2171,
New Civil Code)
Quasi-Derelict
The condition of a vessel which,
without being abandoned, is unable to
navigate either because of injury or
the incompetence of those on board.
Quasi-Easement
An implied easement or grant of an
easement by implication from the cir
cumstances.
Quasi-Entail
An estate for life which is limited to a
person 'and the heirs of his body.''
Quasi in Rem
An action to subject certain property
of the defendant to payment of a
claim.
An action between parties where the
direct object is to reach and dispose of
property owned by them, or of some
interest therein. (De Midgely vs. Fe
randos, 64 SCRA 23)
Quasi-Judicial
As if judicial. Said of procedure
which has some of the attributes of
judi cial function, e.g., the limited
activities of administrative boards.
Quasi-Legislative
As if legislative. Procedure which has
some of the attributes of the
functions of a legislature.
Quasi-Offense
Offenses are committed in the
following:
1. By committing through reckless
imprudence any act which, had it
been intentional, would constitute a
grave or less grave felony or light
felony.
2. By committing through simple
imprudence or negligence an act
which would otherwise constitute a
grave or less serious felony.
3. By causing damage to the property
of another through reckless
217
imprudence or simple imprudence or
negligence.
4. By causing through simple
imprudence or negligence smne
wrong which, if done maliciously,
would have constituted a light felony.
Quasi-Personality
Personal property or chattels pertain
ing to real property, as leases.
Quasi-Possession
The enjoyment of a right to a thing as
distingui hed from possession of the
thing itself.
Quasi-Public Corporation
Private corporations which have
functions that are affected with public
interest, e.g., common carriers electric
companies, telephone companies, etc.
Quasi-Reality
That which is treated as real property
and which may descend as such, as
title deeds and heirioorns.
Quasi Recidivist
A special aggravating circumstance
where a person after having been
convicted by finai judgment, shall
commit a new felony before beginning
to serve such sentence, or while
serving the same. He shall be
punished by the maximum. period of
the penalty pre scribed by law for the
218
new felony. (Art. 160, Revised Penal
Code)
Ele1nents: (1) That the offender was
already convicted by final judgment of
one offense. (2) That he connnitted a
new felony before beginning to serve
such sentence or while serving the
same.
Quasi-Stepfather
The paramour or lover of the mother.
(People vs. Samillano, 56 SCRA 574)
Quasi-Trustee
A person who is made liable to the
beneficiary for any gains acquired
through breach of a trust. It has also
been held that one who has a life
estate is a quasi-trustee for the
remainder man.
Quedan
A warehouse receipt for commodities
or goods such as sugar, tobacco, rice
or hemp.
Que Donera
Fr. To whom he will give.
Que Estate
Fr. Which estate.
The name of a plea whereby a person
says he and those whose estate he has
have enjoyed the same for the period
barred by prescription.
Que est Iesme
li'r. Which is the s::Jnw,
QUEREl A
Lat. (\;mpJs)nL The Latin term. for a
complaint or deelarati.on,
Querens
Lat. The complainer. The Latin term
for plaintiff or complainant.
Querida
Sp. Paramour.
Question
In the law of Evidence: An interro
gation addressed to a witness.
In Procedure: An issue of fact or law
that arises during the litigation.
A common term for torture, where
this means of eliciting information
was legal, as in civil law countries
before the French Revolution.
The term is derived from the Latin
''quaestio,'' ''investigation,'' the
phrase "per torments," "by torture,"
being understood.
Question of Fact
There is a question of fact when the
doubt arises as to the truth or falsity of
the alleged facts. F.A.T Kee Computer
Systems, Inc. vs. Online Networks
International, Inc., 641 SCRA 390
(2011)
Question of Law
A question of law arises when there is
doubt as to what the law is on a
certain state of facts. F.A.T Kee
Computer Systems, Inc. vs. Online
Networks International, Inc., 641
SCRA 390 (2011)
Questus est Nobis
Lat. He complained to us.
An old writ used in an action of nui
sance against the legal possessor of a
tenement on which the nuisance is
maintained. It was authorized by stat
ute.
Before that time only the person who
created the nuisance could be sued.
Quia
Lat. Because.
When this word was used in a plead
ing. the clause it introduced was treat
ed as an affirmation. not as an argu
ment.
Quia Datum est Nobis Intelligi
Lat. Because we have been given to
understand.
219

Quia Erronice Emanavit
Lat. Because it (sc. the writ) issued
erroneously.
Quia Timet
Lat. Because he fears.
The name of an action in equity
brought to settle rights in land and
based on the likelihood that adverse
claims will be made, although none
has in fact as yet been made.
It is an action to quiet title.
Quick
Pregnant; being with young.
Quick Assets
All assets which are either in the form
of cash, or can easily be turned into
cash. They include, besides mon ey.
accounts receivable or negotiable
instruments which are due within six
months, merchandise or goods in the
course of manufacturers and other
pro perties. like stocks and securities,
for which there is a present available
market.
Quickening
The sensation, experienced by a
pregnant woman, of the motion of the
embryo. Abortion before quickening
was formerly not regarded as a crime,
220
but that rule has generally been
chang ed by statute.
Quid Juris Clamat
Lat. What right does he claim.
A writ that lay for the grantee of a
reversion or a remainder, to whom the
particular tenant refused to attorn.
Quid Pro Quo
Lat. Something for something; mu tual
consideration.
A term used to describe the fact that
an act or a transfer or a promise was
not performed gratuitously. It is in
general equivalent to consideration in
a con tract.
Quiet Enjoyment
A cobenant is a lease which guaranties
to the lessee a peaceable enjoyment of
the leased premises. It is broken when
the lessee is expelled from the
premises under a claim of para mount
title, but not by the mere asser tion of
such title. It is equally broken when
the lessor tortiously enters the
premises.
Quieting of Title
Quieting of title is a common
law remedy for the removal of any
cloud upon, doubt, or uncertainty
affecting title to real property. Green
Acres Holdings vs. Cabral, 697 SCRA
266
In order that an action for quieting of
title may prosper, two requisites must
concur:
1. the plaintiff or complainant has a
legal or equitable title or interest in the
real property subject of the action; and
2. the deed, claim, encumbrance, or
proceeding claimed to be casting
cloud on his title must be shown to be
in fact invalid or inoperative despite
its prima facie appearance of validity
or legal efficacy. Phil-Ville
Development and Housing
Corporation vs. Bonifacio, 651 SCRA
327 (2011)
Quiet Title
A bill in equity to establish the title of
the petitioner to certain lands of which
he claims lawfully to be in possession,
and to remove from the record any in
struments or document which may
vexatiously be used to interfere with
the possession or title, or to demand
the surrender and cancellation of such
documents.
Qui Facit per Alium Facit per se
Lat. He who acts through another is
deemed in law to act himself.
Qui Improvide
Lat. Who inadvertently.
The name of a supersedeas writ,
granted in the place of a previous one
which was improperly issued.
Qui Prior est Tempore, Patior est Jure
Lat. He has the better title who is first
in point of time.
Qui Sentit Commodum, Sen-Tire
Debit et Onus
Lat. He who derives the benefit ought
to sustain the burden.
Qui Tam
Lat. Who as well.
Actions for violation of postal or cus
toms laws.
Who as well; to recover for the state as
well as for self.
Quitclaim
A waiver or quitclaim is a valid and
binding agreement between the
parties, provided that it constitute a
credible and reasonable settlement,
and that the one accomplishing it has
done so voluntarily and with a full
understanding of its import. Plastimer
Industrial Corporation vs. Gopo, 643
SCRA 502 (2011)
221
Quittance
/\ term used in older pleading to in
A form of release. An acquittance. troduee an inducement, but not to
int.ro duce a positive averment.
Quoad
Quod Cijiua Concessit
Lat. As far as. QUOAD HOC
Lat. \Vhich the court granted.
Lat. As far as this (sc. is concerned).
Quod Permittat
Quoad Sacra
Lat. That he permit.
Lat. As far as religious matters (sc. is
concerned). A writ used to claim common of
pasture against the heir of the
Quoad Ultra disseisor.

Lat. As far as the rest (sc. is con Quod Permittat Prosternere

cerned).
Lat. That he permit (sc. the
Quo Animo complainant) to demolish.
The name of a writ by which the
Lat. With what mind. defendant is ordered to permit the
A term appended to a statement complainant to abate a nuisance.
charged a.s defaniatory, to show the
intention with which the words were Quod Prostra Quod
ut tered. Lat. That he abate.
A writ to abate a nuisance.
Quod Computet
Quod Recuperet
Lat. That he account.
Lat. That he recover.
The nmne of an interloeutory decree
in equjty or in vrobate by whkh a mas Quod Si Contingat
i:er is directed to tahe an account. of
daims against c-n1 estate and report Lat. That, if it happen.
thPm to the court.
Quod Vide
ttlJCJD CUM
I.Jat. Which see.
Lat. For that since.

222
Quo Jure
I.at. \Vitb. what right.
A_ writ requiring the defendant to
show by what right he dem.ands a
common of pasture in the land of the
complainant.
Quorum
The nmnher of persons whose pre
sence in the meeting of any
association, or public administration,
deliberative or judicial body, permits
the meeting to be lawfully conducted,
Hnd makes the re sultant acts of the
body valid. 1'he number necessary is
often preseribed by statute or eustom.
or rules" If no such particular
prescription exists it is often said that
a quorun1 requires a n1ajority.
The number of mmnbers whose pre
sence is required before a meeting can
legally take action. It is usually a
major ity of the entire body.
The number of persons of the body
which, when legally assembled in
their places, will enable the body to
transact its proper business, or, in
other words, that number that makes
a lawful body and gives it power to
pass a law or ordi nance or do any
other valid corporate act. (Javellana
vs. Tayo, 6 SCRA 1042)
There must at least be a quorum
which is a majority of all the members,
or one-half their members plus one.
(Torres vs. Ribo, 81 Phil. 44)
The term is derived from the Latin
words of appointment. "Quorum vos
unum esse volo" (Of whom Idesire
you to be one).
Quorum is necessary in meetings:
Unless otherwise provided for in this
Code or in the by-laws, a quorum
shall consist of the stockholders
representing a majority of the
outstanding capital stock or a
majority of the members in case of
non-stock corporation. (Section 52,
Corporation Code)
Quota
A specified proportion; e.g., the
immigration laws provide for a quota
of immigrants to this country,
depending on their nationality.
A tax levied in an equal manner.
The number of persons who may be
selected for military service.
Quousque
Lat. Up to the point that, or, until.
A phrase used in old conveyances as a
term of limitation. It was also used in
executions, like the capias ad satisfa
ciendum, in which the property was
held until the judgment was satisfied.
Quovis Modo
Lat. In whatever manner.
Quo Warranto
223
Lat. By what authority; proceeding to
determine authority of officer.

Quo warranto is a remedy to try

disputes with respect to the title to a
public office. General vs. Urro, 646
SCRA 567 (2011)

224
R
Regalian doctrine
All lands of the public domain
belong to the State, and that the State is
the source of any asserted right to
ownership of land and charged with the
conservation of such patrimony. Republic-
Bureau of Forest Development vs. Roxas,
712 SCRA 177 [2013]
The State owns all lands and
waters of the public domain. The Doctrine
is the foundation of the principle of land
ownership that all lands that have not
been acquired by purchase or grant from
the government belong to the public
domain. Chaves vs. Public Estate
Authority, 403 SCRA 1 [2015]
Under the Regalian
doctrine, which is embodied in
our Constitution, all lands of
the public domain belong to the
State, which is the source of any
asserted right to any ownership
of the land. Republic vs.
Enterprises, 717 SCRA 171;
Gaerlan vs. Republic, 719 SCRA
67; Republic vs. Raneses, 725
SCRA 424 [2014]
The burden of proof in
overcoming in the presumption
of State ownership of the lands
of the public domain is on the
person applying for
registration, who must prove
that the properties subject of the
application is alienable and
disposable. Remman Enterprises,
Inc. vs. Republic, 742 SCRA 658
[2014]
Reinstatement
Reinstatement, as a labor law
concept, means the admission of an
employee back to work prevailing prior to
his dismissal; restoration to a state or
position from which one had been
removed or separated, which
presupposes that here shall be no
demotion in rank and/or diminution of
salary, benefits and other privileges; if the
position previously occupied position in
terms of salary, benefits, and other
privileges. Baares vs. Tabaco Womens
Transport Service Cooperative, 694 SCRA
312 [2013]
An illegally dismissed employee
should be entitled to either reinstatement
if viable, or separation pay if
reinstatement is no longer be visible plus
back wages in either instance. Hacienda
Leddy vs. Villegas, 735 SCRA 663 [2014]
Where reinstatement is no longer
viable as an option, separation pay
225
equivalent to one-month salary for every
year of service should be awarded as an
alternative. The payment of separation
pay is in addition to payment of
backwages. Given the strained relations
between the parties, the award of
separation pay, in lieu of reinstatement is
in order. Manarpiis vs. Texas Philippines,
748 SCRA 511 [2015]
Res gestae
Res gestae means the things done. It
refers to those exclamations and
statements made by either the
participants, victims, or spectators to a
crime immediately before, during, or
immediately after the commission of the
crime, when the circumstances are such
that the statements were made as a
spontaneous reaction or utterance
inspired by the excitement of the occasion
and there was no opportunity for the
declarant to deliberate and to fabricate a
false statement. A spontaneous
exclamation is defined as a statement
or exclamation made immediately after
some exciting occasion by a participant or
spectator and asserting the circumstances
of that occasion as it is observed by him.
The admissibility of such exclamation is
based on our experience that, under
certain external circumstances of physical
or mental shock, a stress of nervous
excitement may be produced in a
spectator which stills the reflective
faculties and removes their control, so
that the utterance which then occurs is a
spontaneous and sincere response to the
226
actual sensations and perceptions already
produced by the external shock. Since this
utterance is made under the immediate
and uncontrolled domination of the
senses, rather than reason and reflection,
and during the brief period when
consideration of self-interest could not
have been fully brought to bear, the
utterance may be taken as expressing the
real belief of the speaker as to the act just
observed by him. In a manner of
speaking, the spontaneity of the
declaration is such that the declaration
itself may be regarded as the event
speaking through the declarant rather
than the declarant speaking for
himself. People vs. Manhuyod, 290
SCRA 257 [1998]
Resignation
Resignation is defined as the act
of giving up or the act of an officer by
which he declines his office and
renounces the further right to it.
Fetalino vs. Commission on Elections,
686 SCRA 813 [2012]
Reversion
Reversion is a proceeding by
which the State seeks the return of
lands of the public domain or the
improvements thereon through the
cancellation of private title
erroneously or fraudulently issued
over it. Figuracion vs. Libi, 539 SCRA
50 [2007]
Revision
In Constitutional law: Revision may
involve a rewriting of the whole
consti tution. (Javellana vs. Executive
Secret ary, 50 SCRA 30).
Illustration: When a house is com
pletely demolished and another is er
ected on the same location, do you
have a changed, repaired and altered
house, or do you have a new house?
Some of the materials contained in the
old house may be used again' some of
the rooms may be constructed the
same, but this does not alter the fact
that you have altogether another or a
new house. We conclude that the in
strument as contained in GA.L. 1945,
pp. 8-89, inclusive, is not an amend
ment to the Constitution of 1877; but
on the contrary it is a completely
revised or new constitution. (Ibid.)
As distinguished from amendment:
The act of amending a constitution en
visages a change of only specific
provi sions. The intention of an act to
amend is not the change of the entire
constitu tion, but only the
improvement of spe cific parts of the
existing constitution of the addition of
provisions deemed es sential as a
consequence of new condi tions or the
elimination of parts already
considered obsolete or unresponsive
to the needs of the time. (Ibid.)
Every proposal which affects a change
in a Constitution or adds or takes
away frmn it is an "amendment,"
while a ''revision'' implies a re-exam
ination and statement of the Constitu
tion, or some part of it, in a corrected
or improved form. (Ibid.)
"Amendment" and "revision" of
constitution are separate procedures
each having a substantial field of
appli cation, not mere alternative
procedures in the same field. (Ibid.)
Revivai.J
The agreement to maintain as valid,
for both parties, a conLr&et which has
been rescinded.
The act of restoring the power to levy
execution on a judgment which, while
still valid, has been dormant for a spe
cified time.
Obligations barred by the Statute of
Limitations or by discharge in bank
ruptcy may be revived by a promise to
pay the debt, executed in writing by
the debtor, after the obligation has
been barred. The moral obligation is
consid ered sufficient consideration
for the new promise.
After an action has been abated, as by
death of a party, it may generally be
received by his heirs or represent
atives.
Revival of Judgment
A procedural means of securing the
execution of a previous judgment
which has become dormant after the
passage of five years without its being
executed upon motion of the
prevailing party. It is not intended to
reopen any issue af fecting the merits
227
of the judgment debtor's case nor the
propriety or cor rectness of the first
judgment. As a rule, only matters of
jurisdiction and those arising after
the finality of the first judgment may
be raised in the new action.
(Philippine Reconstruction Cor
poration, Inc. vs. Aparente, 45 SCRA
217)
Revivor
A bill in equity to reestablish and
continue proceedings which have
been abated.
Revocable Permit
In Public Land law: A permit issued
for the temporary occupation and use
of a tract of land not covered by a
regular public land application.
(Mauleon vs. Court of Appeals, 66
SCRA 101)
Revocable Proxy
In Corporation law: One that can be
revoked. Generally, proxies are re
vocable.
Revocation
228
In the law of Agency: Any indication
by the principal that he wishes the re
lation of principal and agent to be ter
minated. It is complete when
communi cated to the agent. If the
principal dies or becomes bankrupt,
this fact is a revocation, even if not
communicated. However, an agency
coupled with an interest in the subject
matter may not be terminated at will.
The withdrawal of an offer to make a
contract.
The cancelling of a license issued by a
public administrative agency.
Revocatur
Lat. It is recalled.
The term formerly used for the an
nulment of a judgment or decree for
er rors of fact, as distinct from a
reversal for errors of law.
Revoke
To withdraw an offer. To terminate an
agency. To cancel a license.
Revolving Letter Of Credit
In Code of Commerce: One in which
the credit is automatically replenished
as the drafts are drawn.
Rex Extra Commercium
Lat. Things outside the commerce of
man.
Rex Non Debet Esse Sub Homine,
Sed Sub Deo Et Sub Lege Quia Lex
Facit Regem
Lat. The king is under no man, yet he
is under God and the law, for the law
makes the king.
Rex Non Potest Peccare
Lat. The king can do no wrong.
Rice and Corn Industry
( 1) Acquiring by purchase or barter
rice and corn and their by-products to
the extent of their raw materials re
quirements when used in the
manufac ture of their finished
products and (2) Engaging in the
culture, production, milling,
processing and trading (except
retailing) of rice and corn.
Richard Roe
The fictitious name of a defendant
whose real name is unknown to the
plaintiff.
The name of the fictitious ejector in an
action for ejectment.
The fictitious name of one of the
sureties or pledges who formerly had
to subscribe a plaintiff's pleading to
gua rantee the prosecution of the suit.
Rider
In Insurance law: A printed or type
written stipulation on a slip of paper
attached to the policy and forming a
part thereof. (Ang Giok Chip vs.
Springfield Fire & Marine Insurance
Co., 56 Phil. 375)
Rien Passa Per Le Fait
Fr. Nothing passed by the deed.
A plea in a suit on a specialty that a
deed duly executed was, for some
other reason, defective or void.
Riens En Arriere
Fr. Nothing in arrear.
A plea that there is nothing remain ing
due of the plaintiff's demand.
Right
A legally enforceable claim, is sepa
rably associated with remedy.
The term is also used of a liberty,
freedom or privilege of which the es
sence is the absence of any duty. This
is the commoner sense in relation to
poli tical rights.
Sometimes used of a power of ap
pointment or choice, e.g., a right of
election of remedies.
In Constitutional law and Industrial
Peace Act: The right of the employees
to form or join associations, a right
comprehends at least two broad no
tions, namely: (1) liberty or freedom,
229
i.e., the absence of legal restraint,
whereby an employee may act for
him self without being prevented by
law; and (2) power, whereby an
employee may, as he pleases, join or
refrain from joining an association.
(Victoriano vs. Elizalde Rope Workers
Union, 59 SCRA66)
In law of Donation: The term ''right''
must be understood "propriety" sense,
over which the possessor has the jus
disponendi. (Republic vs. Court of
Appeals, 73 SCRA 160)
Right Against Self-Incrimi Nation
A constitutional right not to be com
pelled to be a witness against himself.
(People vs. Tampus, 96 SCRA 634)
Right of Asylum
In International law: The right of bel
ligerent warships to shelter in neutral
ports and waters when they are driven
by stress of weather or otherwise re
duced to an unseaworthy condition.
Right of Choice
The alternative obligation before per
formance must be refused to a simple
obligation through a choice which
ordi narily belongs to the debtor but
which may be expressly granted to the
230
cred itor (Article 1200, Civil Code) or
to a third person (Article 1309), and
may be express and becomes effective
when communicated to the other
party (Arti cle 1201) or implied when
only one al ternative remains possible
(Article 1202). The debtor shall have
no right to choose those prestations
which are impossible, unlawful or
which could not have been the object
of the obligation (Article 1200), but
once choice is made, it is irrevocable.
If through the cred itor's acts the
debtor cannot make a choice
according to the terms of the
obligations, the latter may rescind the
contract with damages (Article 1203),
but if, on the other hand, the debtor
refuses to elect, then an action may be
brought to compel him to choose
not any particular prestation but just
to act, i.e., to make the choice.
Right of Confrontation
A constitutional right which guaran
tees to the accused the right to cross
examine the witnesses for the prosecu
tion, is one of the most basic rights of
an accused person under our system
of justice. It is a fundamental right
which is part of due process not only
in crim inal proceedings but also in
civil pro ceedings as well as in
proceedings in administrative
tribunals with quasi judicial powers.
(People vs. Seneris, 99 SCRA 92)
Right Of Recourse Against Indorser
In Negotiable Instruments law: It
refers to the right of a holder to
compel the general indorser to pay the
instru ment. This right is similar to the
''right of recourse against the drawer.''
But as between the drawer and the in
dorser, the indorser has a right of re
course against the drawer the latter is
a prior party.
Right of Resale
The right of he unpaid seller in pos
session of the goods under a lien or
who has properly stopped the goods
in tran sit, restoring his lien, to
foreclose his lien security by selling
the goods apply ing the proceeds to
the contract price and holding the
buyer for any defi ciency. The right
can be exercised only in three cases:
( 1) where the goods are of a
perishable nature; (2) where the seller
expressly reserves the right of resale
in case the buyer should make default;
(3) where the buyer has been in
default in the payment of the price for
an unreasonable time (Article 1533,
par. 1, Civil Code). The sale can be
made either at a public or private sale
but the seller must exercise reasonable
care and judgment in making the
same and without directly or
indirectly buy ing the goods (Article
1533, par. 5). Notice of sale to buyer is
not essential but lack of such notice
will be relevant in determining
whether buyer was un reasonably
delayed in payment of the price
(Article 1533, par. 3).
Right of Retention
The right of retention has been con
sidered as one of the conglomerate of
measures devised by the law for the
protection of the possessor in good
faith. Its object is to guarantee the re
imbursement of the expenses, such as
those for the preservation of the pro
perty, or for the enhancement of its
uti lity or productivity. It permits the
actual possessor to remain in
possession while he has not been
reimbursed by the per son who
defeated him in the possession for
those necessary expenses and use ful
improvements made by him on the
thing possessed. The principal charac
teristic of the right of retention is its
accessory character. It is accessory to a
principal obligation. Considering that
the right of the possessor to receive
the fruits terminates when his good
faith ceases, it is necessary, in order
that this right to retain may be useful,
to con cede to the creditor the right to
secure reimbursement from the fruits
of the property by utilizing its
proceeds for the payment of the
interest as well as the principal of the
debt while he re mains in possession.
This right of re tention of the property
by the creditor, according to Scaevola,
in the light of the provisions of Article
502 of the Spanish Civil Code, is
considered not a coercive measure to
oblige the debtor to pay, depriving
him temporarily of the en joyment of
231
the fruits of his property, but as a
means of obtaining compen sation for
the debt. The right of reten tion in this
case is analogous to a con tract of
antichresis and it can be con sidered
as a means of extinguishing the
obligation, inasmuch as the right to
retain the thing lasts only for the
period necessary to enable the creditor
to be reimbursed from the fruits for
the nec essary and useful expenses.
(Ortiz vs. Kayanan, 92 SCRA 146)
According to Manresa, the right of
retention is, therefore, analogous
to that of pledge, if the property
retained is a movable, and to that of
antichresis, if the property held is
immovable. This construction appears
to be in harmony with similar
provisions of the civil law which
employs the right of retention as a
means or device by which a creditor is
able to obtain the payment of a debt.
Thus, under Article 1731 of the New
Civil Code, any person who has per
formed work upon a movable has
a right to retain it by way of pledge
until he is paid. Similarly, under
Article 1914 of the same Code, the
agent may retain in pledge the things
which are the ob ject of the agency
until the principal effects
reimbursement of the funds
advanced by the former for the execu
tion of the agency, or he is
indemnified for all damages which he
may have suf fered as a consequence
of the execution of the agency,
provided he is free from fault. To the
same effect, the deposit ary, under
232
Article 1994 of the same Code, may
retain the thing in pledge until the
full payment of what may be due him
by reason of the deposit. The
usufructuary, pursuant to Article 612
of the same Code, may retain the
property until he is reimbursed for,
the amount paid for taxes levied on
the capital (Ar ticle 597) and for
extraordinary repairs (Article 594).
(Ibid.)
In all of these cases, the right of re
tention is used as a means of extin
guishing the obligation. As amply ob
served by Manresa: ''El derecho de
retencion, lo hemos dicho, es el
derecho de prenda or el de antichresis
consti tuido por la ley con
independencia de la voluntad de las
partes." In a pledge, if the thing
pledged earns or produces fruits,
income, dividends or interests, the
creditor shall compensate what he
receives with those which or owing
him. In the same manner, in a contract
of antichresis, the creditor acquires the
right to receive the fruits of an im
movable of his debtor with the obli
gation to apply them to the payment
of the interest, if owing, and thereafter
to the principal of his credit. The
debtor cannot reacquire enjoyment of
the immovable until he has actually
paid what he owes the creditor. (Ibid.)
Right of Way
An easement giving a property owner
the right to go over the land belonging
to another. A private right of way is
created by prescription, conveyance or
by necessity. A public right of way re
sults from prescription or dedication.
The path so passed over.
An easement, an encumbrance on a
servient estate, a real right of limited
use without possession and
ownership of the land upon which the
easement was established. (Angeles
Estate, Inc. vs. Court of First Instance
of Negros Occidental, 24 SCRA 501)
An easement granting the owner or
any person who by virtue of a real
right may cultivate or use any
immovable, which is surrounded by
other immov ables pertaining to other
persons and without adequate outlet
to a public highway, a right of way
through the neighboring estates, after
payment of the proper indemnity.
(Article 649, Civil Code)
Acquisition by prescription: When the
right of way is permanent and has an
apparent sign, Jike a road, it can be
acquired by prescription. If the land
itself occupied by the road can be ac
quired in ownership by prescription,
why can't a servitude, which is less
than ownership? When there is a
permanent road, the easement
should be - from obtaining a legal
servitude of right considered
continuous, because the of
way existence of the road is a
continuing assertion of a right against
the exclusive dominion of its power.
Who may demand: Not only the
owner of the dominant tenement may
demand the right of way, but also all
persons who, by virtue of a real right,
may cultivate and use the tenement.
Thus, the usufructuary may demand
it. But the lessee cannot demand this
right, because his action is against the
lessor who is bound to maintain him
in the enjoyment of the property. It is
immaterial that the right of way is to
be utilized by the lessee, because it is
always understood that he does so in
the name of the owner.
Necessity required: To justify the
imposition of this servitude there
must be a real, not a fictitious or
artificial, necessity for it. Mere
convenience for the dominant estate is
not enough to serve as its basis. Even
when there is a necessity, it can be
satisfied without imposing the
servitude should not be imposed.
Where a tenement is not enclosed by
others, this legal easement cannot be
established.
Access to highway: The right of way
may be demanded: ( 1) When there is
absolutely no access to a public high
way, and (2) when, even if there is
one, it is difficult or dangerous to use,
or is grossly insufficient. Thus, when
the access is through a dangerous
water way, or a steep cliff or incline, it
is the same as if the access does not
exist. Where, the access to the
highway can be used only at certain
times of the year, Bolieux and
Manzoni are of the opinion that the
233
right of way may be demanded for
the entire year. But when the want of
access to a public highway is due to
acts imputable to the owner himself,
as when he constructs building or
grants concessions to others obstruc
ting the old ways, the law prevents
him
Adequate outlet: This easement can be
established for the benefit of a
tenement with an inadequate outlet,
but not when the outlet is merely
incon venient. Thus, when a person
has al ready established an easement
of this nature in favor of his tenement,
he can not demand another, even if
the first passage has defects which
make pass age impossible, if those
defects can be eliminated by the
proper repairs. The law does not
require that the adequate outlet
should necessarily be by land; hence,
it has been held that an outlet by
navigable river, suitable to the condi
tions of the tenement, by which
persons and things can reach a public
highway, would be sufficient.
The outlet, however, must be suffi
cient for the purpose and needs of the
dominant owner, although it did not
be public. It would be adequate if it
can be established at reasonable
expense; but if the cost of the outlet is
dispropor tionate to the importance of
the outlet, the easement can be
established. Thus, if a tenement is
separated from the public highway by
a dangerous river, and it will be too
234
expensive to construct a bridge across
it, there is no outlet.
Reasonable and necessary: The
servitude must be such as to meet the
requirements of the dominant tene
ment. The extent of the right of way
must follow and be adapted to the
bene ficial use for which the dominant
tene ment is intended. The right of the
dominant proprietor to have a right of
way, reasonably necessary and conve
nient for the purpose for which the
ser vitude is created, is subject, of
course, to the limitation that the
usefulness of the servient tenement to
its owner, is not thereby unreasonably
impaired. Whether a right of way is
reasonable and necessary depends
upon the cir cumstances of each
particular case, the
interests of both parties being consid
ered. Thus, where the creation of a
driveway over a person's land will
work no undue hardship on him and
will cost the least expense and labor to
the owner of the dominant tenement
and the least inconvenience to the
least number of people; where the
dominant tenement is only about a
meter from the highway across said
land, as against 150 meters along on
alley to another highway; and where
the servitude in question will not
greatly diminish the value of the
servient lot, said servitude should be
granted.
No alienation of land: Payment of the
value of the land for a permanent use
of the easement does not mean an
alien ation of the land occupied.
Right-Of-Way Rule
The circumstance that a motorist has
the right-of-way does not relieve him
of the obligation to use ordinary care
to avoid injury to a pedestrian
crossing the street. Thus, the fact that
one has the preferred right-of-way
does not warrant him to proceed
ignoring the conse quences and the
safety of others. Too much insistence
on a right-of-way, even if one is
entitled to it, is in itself negli gence
and may even be the grossest kind of
negligence.
Right o Hold Office
The just and legal claim to hold and
enjoy the powers and responsibilities
of the office. (Paredes vs. Abad, 56
SCRA 522)
Right to Rescind Transfer Of title
The right of the unpaid seller having
the right of lien or having stopped the
goods in transitu to rescind the
transfer of title and resume the
ownership in the goods as a means of
foreclosing his lien security. The
right can be exercised only in two
cases: ( 1) where the seller expressly
reserved the right to do so in case the
buyer should make default and (2)
where the buyer has been in default hi
the payment of the price for an
unreasonable time. The intention to
re scind must be manifested by the
seller by an overt act such as notice to
the buyer or other acts, which
however need not be communicated
to the buyer but the lack of such notice
will be rele vant in determining
whether buyer has been unreasonably
delayed in the pay ment of the price.
Once the transfer is rescinded, the
seller shall not be liable to the buyer
on the contract but may recover
damages for breach thereof. (Article
1534, Civil Code)
Right to Vote
A constitutional guarantee. It is a
right without which the principle of
sovereignty residing in the people be
comes nugatory. In the traditional
ter minology, it is a political right
enabling . every citizen to participate
in the pro cess of government to
assure that it de rives its power from
the consent of the governed.
(Puiigutan vs. Abubakar; 43 SCRA 1)
Right to Remain Silent
Section 12. (1) Any person under
investigation for the commission of an
offense shall have the right to be
informed of his right to remain silent
and to have competent and
independent counsel preferably of his
own choice. 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.
235
View that the right to remain silent is
given to persons under suspicion for
committing some crimes, not to the
victims whose duty is to promptly
assist the police investigators in
pinpointing criminal responsibilities.
People vs. Feliciano 724 SCRA 148
[2014]
Right-Wrong Test
A test of the responsibility for crim
inal acts, when insanity is asserted, is
the capacity of the accused to distin
guish between right and wrong at the
time and with respect to the act which
is the subject of the inquiry. (People
vs. Ambal, 100 SCRA 325)
Rigor Juris
Lat. The right of the law.
A term used when a strict interpret
ation of a legal rule is either applied or
rejected.
Riot
A public disturbance of the peace of a
serious nature, committed by three or
more persons, assembled to carry out
a common purpose.
At common law: Rioting is a misde
meanor, and is generally punishable
by fine or imprisonment. Severe
penal ties may be provided if the
rioters are armed.
A tumultuous disturbance of the
peace by three or more people assem
236
bling together of their own authority
with intent to assist each other against
any who opposes them in the
execution of some enterprise of a
private nature. The enterprise must be
executed in a violent and turbulent
manner, to the terror of the people. It
is immaterial whether the act intended
itself was law ful or unlawful.
The gathering together must be with
an unlawful intent, for if people are
together for a lawful purpose and af
terwards engage in a quarrel or fight,
the offense is an affray and not a riot,
if being lawfully assembled they form
into parties with promises of mutual
assistance, either express or implied,
the offense will be a riot, for there will
be an unlawful assembling within the
meaning of the law, and in this
manner a lawful assembly may be
converted into an unlawful one. One
joining the rioters after the riot has
actually begun will be equally guilty
as if he had joined them while
assembling.
To establish this offense actual vio
lence and force must be shown or
such circumstances as have an
apparent ten dency to force and
violence, and are calculated to strike
terror into the pub lic mind. It must be
shown that the ac cused either
actually participated in the
disturbance or was present encourag
ing or giving countenance, support or
acquiescence to the act. It is not requi
site to the offense that personal vio
lence be actually committed. It is suffi
cient that the acts of the persons
engaged are to be terror of the people,
as by a show of arms, threatening
speech es or turbulent gestures.
Riparian
In a broad sense: Any property hav
ing a water frontage. (Santulan vs.
Executive Secretary, 80 SCRA 548)
In strict sense: Riparian refers to
rivers. (Ibid.)
Riparian Owners
Where a stream constitutes the
boundary between property owners,
the owners in such cases known as
riparian owners, the property of the
respective owners will extend to the
middle of the stream, unless the
courses which constitute the bounding
lines of the property are expressly
stated to be elsewhere. In some
streams that are navigable, even
where the tide does not ebb and flow,
the soil of the bed of the river belongs
to the riparian owners, subject to the
right of navigation in the public.
A person who owns land situated on
the bank of a river. (Santulan vs. Exe
cutive Secretary, 80 SCRA 548)
The term ''riparian owner'' em braces
not only the owners of lands on the
banks of rivers but also the littoral
owners, meaning the owners of lands
bordering the shore of the sea or lake
or other tidal waters. (Ibid.)
Riparian Proprietors
Those who own lands on the borders
of a water course.
Riparian Rights
The rights possessed by riparian
proprietors to the banks, waters and
bed of the water course. The waters
may generally be used for any proper
purpose if such use does not interfere
with the rights of other riparian
proprietors.
Rise; Rising
The term used to express the fact that
the court has finally adjourned. It is
equivalent to "last day of the term."
Risk Capital Rule
In Securities Act: Under the Risk
Capital Rule, an investor actively
parti cipates in the activities and
manage ment of the enterprise where
such in vestors' monetary contribution
consti tutes a part of the initial
capitalization of the enterprise.
Risks and Perils
In Insurance law: Those loses
against which the holder of the policy
is pro tected by his contract.
River
A body of water, whether
navigable or non-navigable, flowing
237
in a natural stream between banks or
walls.
A compound concept
consisting of three elements:
( 1) the running waters,
(2) the bed and
(3) the banks. All these constitute
the river. (Hilario vs. City of
Manila, 19 SCRA 931)
A "river" consists of water, a
bed and banks, these several parts
consti tuting the river, the whole river.
It is a compound idea; it cannot exist
without all its parts. Evaporate the
water, and you have a dry hollow. If
you could sink the bed, instead of a
river, you would have a fathomless
gulf. Remove the banks, and you have
a boundless flood. (Ibid.)
In International law: Rivers are clas
sified as follows: ( 1) National rivers
those that lie wholly within the
bound aries of one and the same State;
(2) Boundary rivers- those which
separate two different States from
each other; (3) Non-national rivers-
those which flow through several
States; and (4) Inter national rivers-
those which runs through several
States but are open to the navigation
of the merchantmen of all nations in
time of peace pursuant to
conventional International Law.
River Bed
238
The natural bed or channel of
a river or creek is the ground covered
by its waters during high tides.
(Miranda vs. Mun1cipality of Bacolor,
CA-G.R. No. 6287-R, August 2, 1951)
Other authorities have
defined the river bed of a river as that
portion of its soil which is ultimately
covered and left bare as there may be
an increase or diminution in the
supply of water and which is
adequate to contain it at its average or
main stage during the entire year.
(Ibid.)
The portion of its soil which is
ulti mately covered and left bare as
there may be an increase or
diminution in the supply of water and
which is adequate to contain it at its
average or mean stage during the
entire year. (Cruz vs. Secretary of
Public Works and Com munications,
60 O.G. 7223)
Article 502 of the New Civil Code
provides, inter alia, that rivers and
their natural beds are public
dominion. The natural bed or channel
of a river or creek is the ground
covered by its waters during the high
floods. (Com monwealth of the
Philippines vs. Me neses, CA-G.R.
No. 1576, January 31,
1939)
Road
A passage through the
country to which the public has a
right of way. Roads are exclusively
within the juris diction of the
provinces, municipalities, cities, and
barangays, except when they are
national highways, in which case they
are within the jurisdiction of the
Ministry of Public Works and
Highways.
An open passage of the sea
near the land, in which vessels may
anchor and ride at anchor. A
roadstead.
Robber
A person guilty of robbery.
Robbery
The taking of anything of
value from the person of another with
intent to gain by means of violence
against or intimidation of any person
or using force upon anything is
robbery. (Art. 293, Revised Penal
Code)
The felonious and forcible
taking from the person of another of
goods or money of any value against
his will by violence, or by putting hin:i
in -fear. The violence necessary to this
crime, how ever, is not confined to an
actual assault of the person by beating
and knocking him down or forcibly
wresting the thing from him.
Whatever goes to intimidate by
apprehension of personal violence or
by fear of life, with a view to
compelling the delivery of property, is
sufficient. The ''taking from the
person'' need not be in its strictly
literal sense, for the taking may be
from the person's pres ence, when it is
done with violence and against his
consent.
The violence and putting to
fear need not concur, and if a man is
knocked down and robbed while
unconscious the offense is still
robbery. If one is put in fear by threats
and then robbed, no other violence is
necessary to constitute the crime,
though the violence or put ting in fear
may be at the time of the act or
immediately preceding.
It has been held that when an
article is snatched merely by a sudden
pull, even though a momentary force
be exerted, this is not such violence as
to constitute a robbery, though if there
is any struggle or disruption of the
offense is robbery. If the property is
taken under a bona fide claim of right
and not with a view to wrongfully
taking another's property there is no
robbery.
Any person who, with intent
to gain, takes any personal property
belonging to another, by means of
violence against or intimidation of any
person, or using force upon anything,
is guilty of robbery. (Article 293,
Revised Penal Code)
Elements: The elements of
robbery are that there is a taking of
personal property; that the personal
property belongs to another; that the
239
taking be with animo lucrandi and
that the taking be con violencia o
intimidacion en las personas o con
fuerza en las cosas. Robbery in all its
forms is the greatest scourge in
agricultural communities.
A person who takes
possession of personalty by means of
a search war rant is not guilty of
robbery. The aban donment of things
taken after the com mission of the
robbery does not nega tive the
existence of the crime.
Proof of robbery: Where there
was no eyewitness to the alleged
robbery, and the evidence merely
shows that after the killing some of
the things inside the house, where the
killing took place were missing, it
cannot be presumed that the accused
killers committed rob bery. It is
necessary to prove intent to rob.' This
necessarily includes evidence to the
effect that the accused carried away
the effects or personalty of the
offended party. In the absence of evi
dence that the accused carried away
the missing objects, they cannot be
convic ted of robbery. In People vs.
Kamad, 540.G. 40, the presence of the
accused at the place where the
robbery with homicide was committed
and his subsequent flight were
considered insufficient to convict him
of the crime.
The accused in a robbery case
may be identified by means of the
finger prints which he had left on the
240
different ob jects found on the scene
of the crime.
Where the only evidence in
the rob bery is the testimony of the
complain ant and it appears that he
did not immediately report the
alleged robbery to the police, it cannot
be said that the robbery was proven
beyond reasonable doubt.
Robbery with Homicide
Robbery with homicide exist
when a homicide is committed either
by reason, or on occasion, of the
robbery. People vs. Torres 735 SCRA
687 [2014]
To sustain a conviction for
robbery with homicide, the
prosecution must prove the following
elements: 1) the taking of personal
property belonging to another; 2) with
intent to gain; 3) with the use of
violence or intimidation against a
person; and 4) on the occasion or by
reason of the robbery, the crime of
homicide, as used in the generic sense,
was committed. People vs. Quisayas
721 SCRA 16 [2014]
In robbery with homicide,
civil indemnity and moral damages
are awarded automatically without
the need of allegation and evidence
other than the death of the victim
owing to the commission of the
crimes. People vs. Torres 735 SCRA
687 [2014]
Rogatory, Letters
A commission from a judge
author izing or requesting a judge of
another or foreign jurisdiction to
examine a wit ness.
Role D'equipage
Fr. List of equipment.
The muster-role or list of the
mem bers of a ship's crew.
Roll
A record, particularly when
kept on parchment.
Rolling Stock
The cars and vehicles of a
railroad which are moved by wheels
on the tracks of the railroad. It has
some quali ties of a fixture, but may be
treated as a chattel or personal
property and execu tion may be levied
on it.
Roll Of Attorneys
The official record containing
the names and signatures of those
who are authorized to practice law. A
lawyer is not authorized to use a name
other than the one inscribed in the
Role of Attor neys in his practice of
law. (Pangan vs. Ramos, 93 SCRA 87)
A lawyer who uses before the
courts a name other than the name
inscribed in the Roll of Attorneys
resorted to de ception and
demonstrated lack of can dor in
dealing with the courts. Offend ing
attorney is reprimanded and
warned. (Ibid. )
Roman Law
Properly, the law of the
Roman people, the "populus
Romanus," of which the oldest
monument, only frag mentarily
preserved, is the Law of the Twelve
Tables of about 350 B.C. The Roman
law developed by statute, the edicts of
magistrates, especially the praetor (ius
honorarium), and by dP-ci sions and
expositions of lawyers (juris
prudentes, juris consulti) into a vast
body of law, revised and summarized
by the legislation of the Emperor Justi
nian in 528-535 A.D., the Corpus Juris
Divilis, in which latter form it has
come down to us. A great many other
sources, i.e., literature, inscriptions,
papyri, have given additional inform
ation about the historical Roman law,
and modern research has made a great
deal of use of them, and has substan
tially changed former concepts of the
development of the Roman law.
Frequently used as equivalent to Civil
law. It is extremely important,
however, to separate the two terms.
Rood
One fourth of an acre. A
crucifix.
241
Roof Sign
In Building law: A sign
installed on roofs, roof decks or eaves.
ROTA
A canon law court of the
Roman Catholic Church under the
existing system of Codex Juris
Canonici. It has appellate jurisdiction
in matrimonial causes.
Rotation by Exclusion
The rotation by exclusion rule
provides that once a member of a
chapter is elected as governor, his {or
her} chapter wuld be excluded in the
next turn until all have taken their
turns in the rotation cycle. Once a full
rotation cycle ends and a fresh cycle
commences, all the chapter in the
region are once again entitled to vie
but subject again to the rule on
rotation by exclusion. Maglana vs.
Opinion 726 SCRA 17 [2014]
A roster or list.
In the present jeepney driver's
term: The route of the passenger
jeepneys from one point to another.
Rout
A group of persons
assembled with the intention of
engaging in a riot.
Royalty
242
A payment made to the owner
of a patent or copyright for the right to
manufacture, sell or use the patented
or copyrighted article.
When used in connection with
a li cense under a patent: The
compen sation paid by the licensee to
the li censor for the use of the
licensor's patented invention.
(Universal Food Corporation vs.
Court of Appeals, 33 SCRA 1)
Ruinous Competition
Such competition that would
prevent the operator from obtaining
sufficient profits to pay a dividend or
reasonable interest upon invested
capital (Halili vs. Ice and Cold Storage
Industries, Inc., 77 Phil. 823). Mere
reduction of income does not
constitute ruinous competi tion.
(Halili vs. Daplas, 14 SCRA 14)
Rule
In the English practice: An
order of the court. The term is also
used in some American jurisdictions
and in the Philippines.
Rule in Double Sale
The rule in double sale will
only apply if the same thing is sold by
the same vendor to different vendees.
Thus where a land was sold by the son
as at torney-in-fact of his father and
later on resold by the son in his own
name, the rule on double sale will not
apply (La yog vs. Barbero, 55 O.G.
1032). Like wise where vendor sold
property to one and the right of
repurchase to another, the rule will
not apply (Dischoso vs. Roxas, L-
17441, July 31, 1962). In case of
movable property, the ownership is
transferred to the person who may
have first taken possession in good
faith (Ar-ticle 1544, par. 1). Thus
where a sur plus depot in Samar
was sold by the Surplus Property
Commission to Villa Abrille and
then resold to Gancayco who
assigned his right to Tomassi, the
former was adjudged the owner
be... cause he first took possession
in good faith of the depot (Tomassi
vs. Villa Abrille, 55 O.G. 3830). In
case of im movable property, the
ownership shall belong to the person
acquiring it who in good faith first
recorded it in the Regis try of
Property (Article 1544, par. 2).
Should there be no
inscription, the ownership shall
pertain to person who in good faith
was first in possession, and, in the
absence thereof, to the person who
presents the oldest title, provided
there is good faith (Article 1544, par.
3)-Hence, he who first re gisters in
good faith is considered the owner of
the immovable property (Bua son vs.
Panuyas, L-11415, May 25, 1959;
Beatriz vs Cedena, L-17703, Feb ruary
28, 1962) even if the other party was
first in possession (either actual or
symbolic) for priority in possession
yields to priority of registration (Jove
llanos vs. Dimalanta, L-1736, January
30, 1959) provided registration is done
in good faith (Cagaoan vs. Cagaoan,
43 Phil. 554). It has been held that
while one who buys from the
registered owner does not need to
look beyond Certificate of Title, one
who buys from one who is not the
registered owner, but who claims
right under the regis tered owner, is
expected to examine not only the
Certificate of Title but all factual
circumstancf>s necessary for him to
determine if there are any flaws in
title of the transferor or in his capacity
to transfer land. Failure to do such
will prevent buyer from being
considered in good faith and hence
priority in regis tration will not confer
any right (Revilla
& Fajardo vs. Galindez, L-9940, March
30, 1960), unless transferor although
not registered owner at time of sale to
buyer, should subsequently become
one (Inquimboy vs. Paez Vda. de
Cruz, L-13953, July 26, 1960). The rule
on double sale applies to double
donations (Article 744).
Rule-Making
A legislation on the
administrative level, i.e., legislation
within the con fines of the granting
statute, as requir ed by the
constitution and its doctrine of non-
delegability and separability of
powers. (Central Bank vs. Claribel, 44
SCRA 307)
243
 It is the function of laying
down general regulations as
distinguished from orders that apply
to named per sons or to specific
situations, the latter being
adjudicatory in nature. (Ibid.)
Rule Nisi
In the older practice: An
order, ob tained ex parte to show
cause why a certain relief granted in a
lower court should not be set aside.
The rule will be made absolute, i.e.,
the relief granted will be affirmed,
unless (nisi) sufficient cause is shown
to set it aside. If such cause is shown,
the rule will be dis charged.
Rule Of Imputed Knowledge
In Insurance law: Where it is
stipul ated in a policy that if
additional insur ance is obtained
without the permission of the insurer,
the policy may be avoid ed, and the
insured violates the condi tion with
the know ledge of the insurer's agent,
unless there is collusion between the
insured and the insurer's agent, the
knowledge of the agent is deemed to
be that of the insurer and the latter is
deemed to have waived the
prohibition. (Leonor vs. Filipinas Cia.
de Seguros, 48 O.G. 240)
Rumor-Mongering
A crime committed by a
person who offers, publishes,
distributes, circulates and spreads
244
rumors, false news and information
and gossip, or causes the publication,
distribution, circulation or spreading
of the same, which cause or tend to
cause panic, divisive effects among
people, discredit of or distrust for the
duly constituted authorities,
undermine the stability of the Govern
ment and the objectives of the New
Society, endanger the public order, or
cause damage to the interest or credit
of the State. (Presidential Decree No.
90)
Running Account
A current or open mutual account,
usually between merchants, involving
reciprocal claims which have not been
finally settled or adjusted.
Running at Large
A term applied to astray
domestic animals, wandering out of
sight of their owners and beyond the
boundaries of their owners' lands.
Running, Blanket or Floating Policy
A type of fire insurance
policy: One in which the risk
conternplated in shift ing, fluctuating,
or varying, and which covers a class of
property rather than any particular
thing, which cannot be covered by
specific insurance of its frequent
change of location and quan tity, or
for property of such a nature as not to
admit a gross valuation.
Running Policy
In Insurance law: A policy that con
templates that the property insured
shall be added to or further defined by
latter additions of the policy.
Running with the Land
A term applied to certain
covenants, attached to grants or leases,
which are intended to apply to the
land granted or leased into
whomsoever's possession the land
may come. It is sometimes dif ficult to
determine which covenants run with
the land and which do not. It has been
said that such covAnants ''must
directly affect the nature, quality or
value of the land. or the estate in the
land. either as continuing benefits or
burdens.''
It is also said that, for
covenants to run with the land, there
must be privity of estate between the
party claiming the benefit of the
covenant and the party against whom
it is to be enforced.
Rural Land
Product-producing lands:
Regardless of site, if the principal
purpose is to obtain products from the
soil, the lease is of rural lands. Hence,
as used here rural lands are those
where the lessee principally is
interested in soil prod ucts. (Fabia vs.
Intermediate Appellate Court, G.R.
No. 66101, November 21,
1984)
Relating to or constituting
tenement in land adapted and used
for agricul tural or pastoral purposes.
It is one which, regardless of site, is
principally used for the purpose of
obtaining prod ucts from the soil as
opposed to urban lands which are
principally for the pur pose of
residence. (Ibid.)
The very same word has been
de fined as relating to, or associated
with, or typical of the country, the
word being derived from the Latin
word "ruralis" meaning country. It
pertains to the country as
distinguished from a city or town.
(Ibid.)
Both definitions are
undoubtedly correct insofar as the
word is ordinarily and commonly
used or understood. However, it is
the legal definition of the word with
which we are concerned. We are
dealing here with the exercise of a
right based on the provision of law. It
is the meaning intended by the
framers of the law which we must
seek to uphold. The sense in which the
words are used furnishes the rule of
construction. A sentence or paragraph
in a statute can not be analyzed with
respect to some preconceived pattern
in the reader's mind, but it must be
analyzed with respect to that which
the author at tempted to define. Thus,
a construction of the word "rural" that
245
is in conso nance with the legislative
purpose must be followed. (Ibid.)

The use of property for

agricultural purpose is essential in
order that the same be characterized
as rural land for purposes of legal
redemption under Article 1621 of the
Civil Code. The con sideration of the
use and destination of the lands and
that of the customs of each town will
be the data that ought to be taken into
account in order to decide fitly the
cases where the qualification appears
doubtful. The small parcel of land one
hectare or less in area, must be
dedicated to agriculture before the
owners of adjoining lands may claim a
right of redemption under Article 1621
of the Civil Code. (Ibid.)

Rural lands are distinguished

from urban tenements by its purpose
or being for agricultural, fishing or
timber exploitation, and not for
dwelling, industry or commerce.
(Ibid.)

246
S
Sale
A valid contract of sale
requires: (a) a meeting of minds
of the parties to transfer
ownership of the thing sold in
exchange for a price; (b) the
subject matter, which must be a
possible thing; and (c) the price
certain in money or its
equivalent. Recio vs. Heirs of the
Spouses Aguedo and Maria
Altamirano, 702 SCRA 93 [2013]
Sandiganbayan
The Sandiganbayan has original
and exclusive jurisdiction not only over
principal causes of action involving
recovery of ill-gotten wealth, but also
incidents arising from, incidental to, or
related to such cases. Pres. Corazon
Aquino, Metropolitan Bank and Trust
Company vs. Sandoval, 691 SCRA 92
[2013]
The Sandiganbayan is a special
criminal court which has exclusive original
jurisdiction in all cases involving violations
of Republic Act 3019 committed by
certain public officers, as enumerated in
Presidential Decree 1606 as amended by
Republic Act No. 8249. This includes
private individuals who are charged as co-
principals, accomplices or accessories
with the said public officers. People vs.
Go, 719 SCRA 704 [2014]
Self-incrimination clause
What the Constitution prohibits is
the use of physical or moral compulsion
to extort communication from the
accused, but not an inclusion of his body
in evidence, when it may be material.
Dela Cruz vs. People, 730 SCRA 655 [2014]
Social Justice and Human Rights
The law in protecting the rights of
the laborer authorizes neither oppression
nor self-destruction of the employer.
Vigilla vs Philippine College of
Criminology, 698 SCRA 2476 [2013]
Constitution is committed to the
policy of social justice and the
protection of the working class, it does
not necessary follow that every labor
dispute will be automatically decided
in favor of labor. - Although the
Constitution is committed to the
policy of social justice and the
protection of the working class, it does
not necessary follow that every labor
dispute will be automatically decided
in favor of labor . The management
also has its own rights. Out of concern
for the less privileged in Montero vs.
Times Transportation, 753 SCRA 250
[2015]
247
Strike

Strike means any temporary

stoppage of work by the concerted
action of employees as a result of an
industrial or labor dispute, and the
fact that the conventional term strike
was not used by the striking
employees to describe their common
course of action is inconsequential,
since the substance of the situation
will be deemed controlling. Toyota
Motor Phils. Corp. Workers Association
(TMPCWA) vs. National Labor Relations
Commission, 537 SCRA 171 [2007]

Summary Judgment

A summary judgment, or
accelerated judgment, is a procedural
technique to promptly dispose of
cases where the facts appear
undisputed and certain from the
pleadings, depositions, admissions
and affidavits on record, or for
weeding out sham claims or defenses
at an early stage of the litigation to
avoid the expense and loss of time
involved in a trial. When the
pleadings on file show that there are
no genuine issues of fact to be tried,
the Rules allow a party to obtain
immediate relief by way of summary
judgment, that is, when the facts are
not in dispute, the court is allowed to
decide the case summarily by
applying the law to the material facts.
Philippine Business Bank vs. Chua, 634
SCRA 635 [2010]

248