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-A-
clear intention to sever the employer-
employee relationship, with the second
element as the more determinative
Abandon. It means, in its ordinary sense, factor and being manifested by some
to forsake entirely; to forsake or overt acts. [De Ysasi III v. NLRC, 231
renounce utterly. [Dela Cruz v. Dela SCRA 173 (1994)].
Cruz, GR L-19565. Jan. 30, 1968].
Abandonment of domicile and
Abandoned child. A child who has no acquisition of a new one called
proper parental care or guardianship or domicile of choice. Requisites: (a)
whose parent(s) has deserted him/her Residence or bodily presence in the new
for a period of at least six (6) locality, (b) intention to remain there or
continuous months and has been animus manendi, and (c) an intention to
judicially declared as such. [Sec. 3, RA abandon the old domicile or animus non
8552; Art. 141, PD 603]. Compare with revertendi. [Romualdez v. RTC Tacloban
Dependent child and Neglected City, 226 SCRA 408, 415].
child.
Abandonment of land dedicated to
Abandoned or idle land. 1. Any public use. Elements: (a) Intention to
agricultural land not cultivated, tilled or relinquish the right or property, but
developed to produce any crop nor without intending to transfer title to any
devoted to any specific economic particular person; and (b) the external
purpose continuously for a period of act which such intention is carried into
three (3) years immediately prior to the effect. [Defensor-Santiago v. Ramos,
receipt of notice of acquisition by the PET 001. Feb. 13, 1996, citing 49 Mich.
government as provided under the App. 128, 229 N.W 2d 343, 349].
Comprehensive Agrarian Reform Law of
1988 (RA 6657), but does not include Abandonment of minor by person
land that has become permanently or entrusted with his custody;
regularly devoted to non-agricultural indifference of parents. Crim. Law.
purposes. [Sec. 3, RA 6657]. 2. Lands The felony committed by anyone who,
devoted to any crop at least one year having charge of the rearing or
prior to the notice of expropriation, but education of a minor, shall deliver said
which were not utilized by the owner for minor to a public institution or other
his benefit for the past five years prior persons, without the consent of the one
to such notice of expropriation. [Sec. who entrusted such child to his care or
166, RA 3844]. in the absence of the latter, without the
consent of the proper authorities, or by
Abandonee. A party to whom a right or the parents who shall neglect their
property is abandoned or relinquished children by not giving them the
by another. [Black's Law Dict., Abr. 5th education which their station in life
Ed. (1987), p. 1]. require and financial conditions permit.
[Art. 277, RPC].
Abandoning a minor. Crim. Law. The
felony committed by any one who shall Abandonment of office or position. 1.
abandon a child under seven years of Crim. Law. The felony committed by any
age, the custody of which is incumbent public officer who, before the
upon him. [Art. 276, RPC]. acceptance of his resignation, shall
abandon his office to the detriment of
Abandonment. Mar. Ins. The act of the the public service. [Art. 238, RPC]. 2.
insured by which, after a constructive Admin. Law. The voluntary
total loss, he declares the relinquishment of an office by the
relinquishment to the insurer of his holder, with the intention of terminating
interest in the thing insured. [Sec. 138, his possession and control thereof.
IC]. [Sang. Bayan of San Andres,
Catanduanes v. CA, GR 118883. Jan. 16,
Abandonment. Elements: (a) The failure 1998, citing Words & Phrases, Vol. 1, p.
to report for work or absence without 127]. 3. A species of resignation; while
valid or justifiable reason, and (b) a resignation in general is a formal
Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

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relinquishment, abandonment is a returning. Mere absence is not

voluntary relinquishment through sufficient. [FRF Enterprise v. NLRC, GR
nonuser. [Sang. Bayan of San Andres, 105998. Apr. 21, 1995].
Catanduanes v. CA, GR 118883. Jan. 16,
1998, citing Words & Phrases, Vol. 1, p. Abatement. A reduction in some amount
126]. that is owed, usually granted by the
person to whom the debt is owed.
Abandonment of person in danger [Duhaime's Legal Dict., 2004].
and abandonment of one's own
victim. Crim. Law. The felony Abatement of action. A suit which has
committed by any one who shall fail to been quashed and ended. [Jurists Legal
render assistance to any person whom Dict., 2004].
he shall find in an uninhabited place
wounded or in danger of dying, when Abatement of a fire hazard. Any act
he can render such assistance without that would remove or neutralize a fire
detriment to himself, unless such hazard. [Sec. 3, PD 1185].
omission shall constitute a more serious
offense; or by anyone who shall fail to Abduction. 1. The taking away of a
help or render assistance to another woman from her house or the place
whom he has accidentally wounded or where she may be for the purpose of
injured; or by anyone who, having carrying her to another place with intent
found an abandoned child under seven to marry or to corrupt her. [People v.
years of age, shall fail to deliver said Crisostomo (46 Phil. 780)]. 2. Taking
child to the authorities or to his family, someone away from a place without
or shall fail to take him to a safe place. that person's consent or by fraud.
[Art. 275, RPC]. [Duhaime's Legal Dict., 2004]. See also
Kidnapping.
Abandonment of the thing. It consists
of the voluntary renunciation of all the Aberratio ictus. Crim. Law. Lat. Mistake
rights which a person may have in a in the blow, characterized by aiming at
thing, with the intent to lose such thing. one but hitting the other due to
By virtue of the abandonment, the thing imprecision in the blow. [People v.
is left without owner or possessor. To Sabalones, GR 123485. Aug. 31, 1998].
be effective, it is necessary that it be Compare with Error in personae.
made by a possessor in the concept of
owner. [Tolentino, Civil Code of the Aberratio ictus. Also Error en la
Phil., Vol. II, Repr. 2001, p. 304, citing 4 persona. Crim. Law. Lat. 1. Mistake in
Manresa 315; 3 Sanchez Roman 299]. the identity of the victim. [People v.
Pinto, GR 39519. Nov. 21, 1991]. 2.
Abandonment of the wife. To Miscarriage of the blow. [People v.
constitute abandonment of the wife by Atillano, GR 109131-33. Oct. 3, 1994].
the husband, as the term is used in Art.
178 of the Civil Code, there must be Abet. The act of encouraging or inciting
absolute cessation of marital relations another to do a certain thing, such as a
and duties and rights, with the intention crime. [Duhaime's Legal Dict., 2004].
of perpetual separation. The
abandonment must not only be physical Ability to read intelligently. The
estrangement but also amount to capacity to know or apprehend; to
financial and moral desertion. [Dela discover or understand by characters,
Cruz v. Dela Cruz, GR L-19565. Jan. 30, marks, features, etc.; to gather the
1968]. meaning. [Morenos Law Dict., 2000 Ed.,
p. 2].
Abandonment of work. Labor. The
deliberate, unjustified refusal of the Ab inconveniente. From hardship, from
employee to resume his employment. what is inconvenient. [Claridades, A.,
The burden of proof is on the employer Compilation of Notes, 2001-2006].
to show a clear and deliberate intent on
the part of the employee to discontinue
employment without any intention of

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Ab initio. Lat. From the start (or The felony committed by a woman who
beginning). [Duhaime's Legal Dict., shall practice abortion upon herself or
2004]. shall consent that any other person
should do so, or by the parents of the
Abogado. Sp. Lawyer or attorney- at-law. pregnant woman or either of them, and
That class of persons who are by license they act with the consent of said woman
officers of the courts, empowered to for the purpose of concealing her
appear, prosecute and defend, and dishonor. [Art. 258, RPC].
upon whom peculiar duties,
responsibilities and liabilities are About. Near in time, quantity, number,
developed by law as a consequence. quality or degree. Substantially,
[Cui v. Cui, GR L-18727. Aug. 31, 1964]. approximately, almost, or nearly.
[Morenos Law Dict., 2000 Ed., p. 3].
Abolition of a position. It does not
involve or mean removal for the reason Ab posse ad actu non vale illatio. Lat.
that removal implies that the post "A proof that an act could have been
subsists and that one is merely done is no proof that it was actually
separated therefrom. [Arao v. Luspo, 20 done." [Roman Cath. Bishop of Malolos
SCRA 722 (1967)]. v. IAC, GR 72110. Nov. 16, 1990].
Abortion. The knowing destruction of the Abrasion. A scrapping or rubbing off.

life of an unborn child or the intentional [Morenos Law Dict., 2000 Ed., p. 3].
expulsion or removal of an unborn child
from the womb other than for the Absence. The legal status of a person
principal purpose of producing a live who has absented himself from his
birth or removing a dead fetus. [Black's domicile and whose whereabouts and
Law Dict., Abr., 5th Ed., p. 2]. fate are unknown, it not being known
with certainty whether he is still living or
Abortion. Elements: (a) That there is a not. [Jurado, Civil Law Reviewer, 19th
pregnant woman who has suffered an Ed. (1999), p. 260]. See Provisional
abortion; (b) that the abortion is absence and Declared absence.
intended; and (c) that the abortion is
caused by (1) the pregnant woman Absentee. A person whose whereabouts
herself; (2) any other person, with her and existence are not known in the
consent; or (3) any of her parents, with sense of the law allowing a subsequent
her consent for the purpose of marriage and for purposes of
concealing her dishonor. [Under Art. administration of the estate of the
258, RPC]. absentee and of succession. [Bench
Book for Trial Court Judges, p. 3-4].
Abortionist. A person who criminally
produces abortions, or one who follows Absentee voters, national registry of.
the business or practices the crime of The consolidated list prepared,
producing abortion. [Black's Law Dict., approved and maintained by the
Abr., 5th Ed., p. 2]. Commission on Election (COMELEC), of
overseas absentee voters whose
Abortion practiced by a physician or applications for registration as absentee
midwife and dispensing of voters, including those registered voters
abortives. Crim. Law. The felony who have applied to be certified as
committed by any physician or midwife absentee voters, have been approved
who, taking advantage of their scientific by the Election Registration Board. [Sec.
knowledge or skill, shall cause an 3, RA 9189].
abortion or assist in causing the same,
or by any pharmacist who, without the Absentee voting. The process by which
proper prescription from a physician, qualified citizens of the Philippines
shall dispense any abortive. [Art. 259, abroad exercise their right to vote. [Sec.
RPC]. 3, RA 9189].
Abortion practiced by the woman Absent spouse. The prior spouse who
herself or by her parents. Crim. Law. had been absent for four (4)

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consecutive years and whom the spouse his civil rights; it makes him, as it were,
present reasonably believed to be a new man, and gives him a new credit
already dead. In case of disappearance and capacity. [In re: Lontok 43 Phil.
where there is danger of death under 293]. Compare with Conditional
the circumstances set forth in the pardon.
provisions of Arts. 391 of the Civil Code,
an absence of only two years shall be Absolute poverty. The condition of the
sufficient. [Navarro v. Domagtoy, AM household below the food threshold
MTJ-96-1088. July 19, 1996]. level. [Sec. 3, RA 8425].
Absoluta sententia expositore non Absolute simulation of a contract. 1.

indiget. Lat. When the language of the It takes place when the parties do not
law is clear, no explanation of it is intend to be bound at all. [Art. 1345,
required. [Morenos Law Dict., 2000 Ed., CC]. 2. An absolutely simulated or
p. 3]. fictitious contract is void. [Art. 1346,
CC].
Absolute community, system of. The
absolute community of property Absolute sovereign immunity. Rule
between spouses shall commence at the that a foreign state is immune from all
precise moment that the marriage is types of suits. [Intl. Law Dict. & Direct.,
celebrated and shall consist of all the 2004].
property owned by the spouses at the
time of the celebration of the marriage Absorb. It is synonymous with the words
or acquired thereafter. [Arts. 88 and 91, "assimilate" or "incorporate" and which,
FC]. in business parlance, means "to take
over." [Razon v. Sec. of Labor, GR
Absolute indorsement. Nego. Inst. One 85867. May 13, 1993, citing Webster's
by which the indorser binds himself to 3rd New Intl. Dict., 1966 Ed., p. 7].
pay (a) upon no other condition than
the failure of prior parties to do so; (b) Absorbed company. The constituent
upon due notice to him of such failure. company whose corporate existence is
[Claridades, A., Compilation of Notes, dissolved as a result of the merger or
2001-2006]. consolidation. [Tiopianco, Commentaries
& Jurisp. on the Ins. Code of the Phil.,
Absolutely privileged 1999 Ed., p. 207].
communication. One in respect of
which, by reason of the occasion on Absorbing or acquiring company. The
which, or the matter in reference to surviving company, in case of merger,
which, it is made, no remedy can be had or the newly formed company, in case
in a civil action, however hard it may of consolidation. [Tiopianco,
bear upon a person who claims to be Commentaries & Jurisp. on the Ins.
injured thereby, and even though, it Code of the Phil., 1999 Ed., p. 207].
may have been made maliciously. [Sison
v. David, GR L-11268. Jan. 28, 1961, Abus de droit. Fr. Abuse of right.
citing 33 Am. Jur. pp. 123- 124]. [Claridades, A., Compilation of Notes,
Compare with Conditionally or 2001-2006].
qualifiedly privileged
communication. Abuse. To make excessive or improper
use of a thing, or to employ it in a
Absolute pardon. A pardon that reaches manner contrary to the natural or legal
both the punishment prescribed for the rules for its use. To make an
offense and the guilt of the offender. extravagant or excessive use, as to
When the pardon is full, it releases the abuse one's authority. [Salalima v.
punishment and blots out of existence Guingona, GR 117589-92. May 22,
the guilt, so that in the eye of the law 1996, citing Black's Law Dict., 5th Ed., p.
the offender is an innocent as if he had 11].
never committed the offense. If granted
after conviction, it removes the penalties Abuse of confidence or obvious
and disabilities, and restores him to all ungratefulness. An aggravating

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circumstance under Art. 14 (4) of Rev. Abuses against chastity. Crim. Law.
Penal Code which can be appreciated The felony committed by: (a) any public
only if the following requisites are officer who shall solicit or make immoral
present: (a) The offended party had or indecent advances to a woman
trusted the offender; (b) the offender interested in matters pending before
abused such trust; and (c) such abuse such officer for decision, or with respect
facilitated the commission of the crime. to which he is required to submit a
[People v. Luchico, 49 Phil. 689]. See report to or consult with a superior
also Unfaithfulness. officer; or (b) any warden or other
public officer directly charged with the
Abuse of judicial discretion. A care and custody of prisoners or persons
discretion by a judge to an end or under arrest who shall solicit or make
purpose not justified by and clearly immoral or indecent advances to a
against reason and evidence. [Morenos woman under his custody. [Art. 245,
Law Dict., 2000 Ed., pp. 3-4]. RPC].
Abuse of right. A person may be liable Abusos deshonestos. Sp. Abuse of

for harm caused by doing something chastity. [US v. Mendez, GR L-6483.
which one, nevertheless, has a right to Mar. 11, 1911].
do, if the right was: (a) principally
intended to cause harm; (b) or was Academic failure. An academic subject
used without a legitimate, interest in which the student has failed.
justifying judicial protection; (c) or was [Morenos Law Dict., 2000 Ed., p. 4].
used in bad faith; (d) or was contrary to
basic rules of morality or fairness. Academic freedom. The right of the
[Tetley, Glossary of Conflict of Laws, school or college to decide for itself, its
2004]. aims and objectives, and how best to
attain them - free from outside coercion
Abuse of right principle. Requisites: (a) or interference save possibly when the
The defendant should have acted in a overriding public welfare calls for some
manner that is contrary to morals, good restraint. It has a wide sphere of
customs or public policy; (b) the acts autonomy certainly extending to the
should be willful; and (c) there was choice of students. [Univ. of San Agustin
damage or injury to the plaintiff. v. CA, GR 100588. Mar. 7, 1994].
[Custodio v. CA, GR 116100. Feb. 9,
1996, citing Jurado, Personal and Family Academic non-teaching personnel.
Law, 1984 ed., 41]. Those persons holding some academic
qualifications and performing academic
Abuse of superiority. The taking functions directly supportive of teaching,
advantage by the culprits of their such as registrars, librarians, research
collective strength to overpower their assistants, research aides, and similar
relatively weaker victim or victims. staff. [Sec. 6, BP 232].
[People v. Apduhan, Jr., GR L-19491.
Aug. 30, 1968]. Accelerated judgment. See Summary
judgment.
Abuse of superior strength. 1. It
contemplates a situation of strength Accelerated training. Basic skills
notoriously selected or taken advantage training of a short-term nature for jobs
of by an aggressor in the commission of with a defined level of qualifications.
the crime. [People v. Escoto, GR 91756, This usually refers to a rapid paced,
May 11, 1995, 244 SCRA 87]. 2. Abuse condensed vocational training to fill
of superior strength can be appreciated immediate manpower needs. [Sec. 1,
only when there is a notorious inequality Rule 1, Book 2, IRR of LC].
of forces between the victim and the
aggressor. [People v. Daquipil, GR Acceleration clause. 1. A clause which
86305-06, Jan. 20, 1995, 240 SCRA renders the whole debt due and
314; People v. Patamama, GR 107938, demandable upon the failure of the
Dec. 4, 1995, 250 SCRA 603]. obligor to comply with certain
conditions. [Claridades, A., Compilation

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of Notes, 2001-2006]. 2. A clause in a [Prudential Bank v. IAC, GR 74886. Dec.

contract that states that if a payment is 8, 1992].
missed, or some other default occurs
(such as the debtor becoming Accepted unilateral promise. An offer
insolvent), then the contract is fully due which specifies the thing to be sold and
immediately. This is a typical clause in a the price to be paid and, when coupled
loan contract; miss one payment and with a valuable consideration distinct
the agreement to pay at regular and separate from the price, is what
intervals is voided and the entire may properly be termed a perfected
amount becomes due and payable contract of option. This contract is
immediately. [Duhaime's Legal Dict., legally binding, and in sales, it conforms
2004]. with the second paragraph of Art. 1479
of the Civil Code. [Equatorial Realty v.
Acceptance. Civ. Law. 1. The Mayfair Theater, GR 106063. Nov. 21,
manifestation by the offeree of his 1996].
assent to the terms of the offer which
must in other words meet or be identical Access device. Any card, plate, code,
at all points of the offer. [Diaz, Bus. Law account number, electronic serial
Rev., 1991 Ed., p. 65]. 2. The taking number, personal identification number,
and receiving of anything in good faith or other telecommunications service,
with the intention of retaining it. equipment, or instrumental identifier, or
[Glossary of Legal Terms (Pro-Se), other means of account access that can
2004]. be used to obtain money, good,
services, or any other thing of value or
Acceptance. 1. Nego. Inst. An to initiate a transfer of funds (other than
acceptance completed by delivery or a transfer originated solely by paper
notification. [Sec. 191, NIL]. 2. Succ. instrument). [Sec. 3, RA 8484].
The act by virtue of which an heir,
legatee or devisee manifests his desire Access device fraudulently applied
in accordance with the formalities for. Any access device that was applied
prescribed by law to succeed to the for or issued on account of the use of
inheritance, legacy or devise. 3. It may falsified document, false information,
be an express acceptance made in a fictitious identities and addresses, or
public or private document, or a tacit any form of false pretense or
acceptance resulting from acts by which misrepresentation. [Sec. 3, RA 8484].
the intention to accept is necessarily
implied, or which one would have no Access Devices Regulation Act of
right to do except in the capacity of an 1998. RA 8484 entitled An Act
heir. [Art. 1049, CC]. Compare with regulating the issuance and use of
Repudiation. access devices, prohibiting fraudulent
acts committed relative thereto,
Acceptance for honor. Nego. Inst. An providing penalties and for other
undertaking by a stranger to a bill after purposes enacted on Feb. 11, 1998.
protest for the benefit of any party liable
thereon or for the honor of the person Accessio cedit principali. Lat. The
whose account the bill is drawn which accessory follows the principal.
acceptance inures also to the benefit of [Claridades, A., Compilation of Notes,
all parties subsequent to the person for 2001-2006].
whose honor it is accepted, and
conditioned to pay the bill when it Accession. 1. Intl. Law. The process
becomes due if the original drawee does whereby a non-signatory State later
not pay it. [Claridades, A., Compilation becomes a party to a treaty. [Suarez,
of Notes, 2001-2006]. Pol. Law Reviewer, 1st Ed., 2002, pp.
1061-1062]. 2. Property. The right to all
Acceptance of a bill. Nego. Inst. The which ones own property produces, and
signification by the drawee of his assent the right to that which is united to it by
to the order of the drawer; this may be accession, either naturally or artificially.
done in writing by the drawee in the bill [Blacks Law Dict., Abr. 5th Ed. (1983),
itself, or in a separate instrument. p. 6].

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happens by reason of some violence or

Accession continua. The acquisition of casualty to the insured without his
ownership over a thing incorporated to design, consent, or voluntary
that which belongs to the owner. cooperation. [Sun Ins. v. CA, GR 92383.
[Tolentino, Civil Code of the Phil., Vol. July 17, 1992].
II, Repr. 2001, p. 98].
Accident. Elements: (a) performance of a
Accession discreta. The extension of lawful act; (b) with due care; (c)
the right of ownership to the products of producing an injury by mere accident;
a thing. [Tolentino, Civil Code of the and (d) without any fault or intention of
Phil., Vol. II, Repr. 2001, p. 98]. causing it. [People v. Utrela, GR L-
38172. July 15, 1981, citing Art. 12,
Accessions. Fruits of a thing or additions RPC].
or improvements upon a thing, or the
right pertaining to the owner of a thing Accidental. That which happens by
over its products and whatever is chance or fortuitously, without intention
incorporated thereto, either naturally or and design and which is unexpected,
artificially. [Diaz, Bus. Law Rev., 1991 unusual and unforeseen. [Moreno, Phil.
Ed., p. 5]. Law Dict., 1972 Ed., p. 7, citing De La
Cruz v. Capital Ins., 17 SCRA 559].
Accessories. Property. Things joined to
the principal thing for the latters Accidental spills. Spills of oil or other
embellishment or to make the latter hazardous substances in water that
more perfect. [Diaz, Bus. Law Rev., result from accidents involving the
1991 Ed., p. 5]. carriers of such substance such as
collisions and grounding. [Sec. 62, PD
Accessory. Crim. Law. 1. A person who, 1152].
having knowledge of the commission of
the crime, and without having Accident insurance. See Casualty
participated therein, either as a principal insurance.
or an accomplice, takes part subsequent
to its commission by concealing or Accin de reivindicacion. See Accin
destroying the body of the crime, or the reivindicatoria.
effects or instruments thereof in order
to prevent its discovery. [Art. 19, RPC]. Accin in rem versum. Requisites: (a)
2. A person who assists in the One party must be enriched and the
commission of a crime, either before or other made poorer; (b) there must be a
after the fact. [Jurists Legal Dict., casual relation between the two; (c) the
2004]. enrichment must not be justifiable; (d)
there must be no other way to recover;
Accessory obligation. An obligation and (e) the indemnity cannot exceed
attached to a principal obligation in the loss or enrichment, whichever is
order to complete the same or take its less. [Under Art. 22, CC].
place in the case of breach. [SSS v.
Moonwalk, GR 73345. Apr. 7, 1993, Accin interdictal. See Accion
citing 4 Puig Pea Part 1 p. 76]. publiciana.
Accident. An event that takes place Accin pauliana. Also Rescissory

without one's foresight or expectation, action. [Arts. 1177 and 1381, CC].
an event that proceeds from an
unknown cause, or is an unusual effect Accin publiciana. Also Accin
of a known case, and therefore not interdictal. 1. The plenary action to
expected. An accident is an event which recover the right of possession when
happens without any human agency or, dispossession was effected by means
if happening through human agency, an other than those mentioned in Rule 70
event which, under the circumstances, of the Rules of Court. Under these
is unusual to and not expected by the circumstances, a plenary action may be
person to whom it happens. It has also brought before the RTC. [Jalbuena De
been defined as an injury which Leon v. CA, GR 96107. June 19, 1995].

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2. Action where plaintiff merely alleges instrument to a holder for value

proof of a better right to possess although the latter knew him to be only
without claim of title. [Javier v. an accommodation party. [Sec. 29,
Veridiano, GR L-48050. Oct. 10, 1994]. NIL]. 2. A person liable on the
instrument to a holder for value,
Accin quanti minoris or estimatoria. notwithstanding such holder, at the time
An action to demand a proportionate of the taking of the instrument knew
reduction of the price, with damages. him to be only an accommodation party.
[Art. 1567, CC]. In lending his name to the
accommodated party, the
Accin reinvindicatoria. Also Accin accommodation party is in effect a
de reinvindicacion. 1. An action to surety for the latter. He lends his name
recover ownership, including the to enable the accommodated party to
recovery of possession, which should be obtain credit or to raise money. He
filed in the RTC. [Jalbuena De Leon v. receives no part of the consideration for
CA, GR 96107. June 19, 1995]. 2. Action the instrument but assumes liability to
whereby plaintiff alleges ownership over the other parties thereto because he
a parcel of land and seeks recovery of wants to accommodate another. [Phil.
its full possession. [GR L-48050. Oct. Bank of Commerce v. Aruego, 102 SCRA
10, 1994 ]. 530, 539, 540].
Accin subrogatoria. Also Accommodation party. Requisites: To

Subrogatory action. [Art. 1177, CC; be an accommodation party, a person
See also Arts. 1729 and 1893, CC]. must (a) be a party to the instrument,
signing as maker, drawer, acceptor, or
Accommodation. Nego. Inst. A legal indorser, (b) not receive value therefor,
arrangement under which a person and (c) sign for the purpose of lending
called the accommodation party lends his name for the credit of some other
his name and credit to another without person. [Crisologo-Jose v. CA, GR
any consideration. [Claridades, A., 80599. Sep. 15, 1989].
Compilation of Notes, 2001-2006].
Accomplice. 1. A person who, not being
Accommodation guarantor. Nego. principal as defined in Art. 17 of the
Inst. A person who signs on the back of Rev. Penal Code, cooperates in the
a note as such and who is therefore execution of the offense by previous or
only secondarily liable. [Morenos Law simultaneous acts [Art. 18, RPC]. 2. A
Dict., 2000 Ed., p. 7]. partner in a crime; A person who
knowingly and voluntarily participates
Accommodation maker. Nego. Inst. A with another in a criminal activity.
person primarily liable on the [Glossary of Legal Terms (Pro-Se),
instrument, even though he adds the 2004].
word surety to his signature or the
fact that he signed for accommodation Accomplice. Requisites to be considered
is known to the holder. [Morenos Law as such: (a) Community of design, i.e.,
Dict., 2000 Ed., p. 7]. knowing that criminal design of the
principal by direct participation, he
Accommodation note. Nego. Inst. A concurs with the latter in his purpose;
note to which the accommodating party (b) he cooperates in the execution of
has put his name without consideration the offense by previous or simultaneous
for the purpose of accommodating some acts; and, (c) there must be a relation
other party who is to use it and is between the acts done by the principal
expected to pay it. [Maulini v. Serrano, and those attributed to the person
GR 8844. Dec. 16, 1914]. charged as accomplice. [People v.
Jorge, GR 99379. Apr. 22, 1994].
Accommodation party. Nego. Inst. 1. A
person one who has signed an Accord. See Agreement.
instrument as maker, drawer, acceptor
of indorser without receiving value Accountancy practice. It shall
therefor, but is held liable on the constitute in a person, be it in his

9
individual capacity, or as a partner or appropriate authority, in coordination

staff member in an accounting or with the business and industry, to
auditing firm, holding out himself as one participate in the dual training system.
skilled in the knowledge, science, and [Sec. 4, RA 7686].
practice of accounting, and as qualified
to render professional services as a Accredited employees' organization.
certified public accountant; or offering A registered organization of the rank-
or rendering, or both, to more than one and-file employees recognized to
client on a fee basis or otherwise, negotiate for the employees in an
services such as the audit or verification organizational unit headed by an officer
of financial transactions and accounting with sufficient authority to bind the
records; the preparation, signing, or agency. [EO 180].
certification for clients of reports of
audit, balance sheets, and other Accretion. Intl. Law. The increase in the
financial accounting and related land area of the state, either through
schedules, exhibits, statements, or natural means or artificially through
reports which are to be used for human labor. [Sandoval, Pol. Law
publication or for credit purposes, or to Reviewer 2003].
be filed with a court or government
agency, or to be used for any other Accretion. Property. 1. A mode of
purpose; the installation and revision of acquiring property under Art. 457 of the
accounting system, the preparation of Civil Code. 2. The increase or
income tax returns when related to accumulation of land by natural causes,
accounting procedures; or when he as out of a lake or river. [Glossary of
represents clients before government Legal Terms (Pro-Se), 2004]. 3. The
agencies on tax matters related to imperceptible and gradual addition to
accounting or renders professional land by the slow action of water.
assistance in matters relating to [Duhaime's Legal Dict., 2004]. Intl. Law.
accounting procedures and the 2. A mode of adding to the territory of a
recording and presentation of financial state by natural process, such as the
facts or data. [Sec. 3, PD 692]. gradual deposit of soil on the coast
through the action of the water, or by
Account stated. An account rendered to human labor, as exemplified by the
a debtor who receives it without reclamation projects on Manila Bay and
objection and who promises to pay it. the polders of the Netherlands. [Cruz,
As such, its correctness can no longer Intl. Law Reviewer, 1996 Ed., p. 71].
be impeached except for fraud and See Alluvion.
mistake. [Morenos Law Dict., 2000 Ed.,
p. 8]. Accretion. Property. Requisites: (a) That
the deposition of soil or sediment be
Accredit. To acknowledge. [GSIS v. CSC, gradual and imperceptible; (b) that it be
GR 98395. Oct. 28, 1994]. the result of the action of the waters of
the river (or sea); and (c) that the land
Accredited dual training system where accretion takes place is adjacent
agricultural, industrial and to the banks or rivers (or the sea coast).
business establishments. Also [Meneses v. CA, 246 SCRA 374 (1995)].
Agricultural, industrial and
business establishments. A sole Accretion. Succ. A right by virtue of
proprietorship, partnership, corporation which, when two or more persons are
or cooperative which is duly recognized called to the same inheritance, devise or
and authorized by the appropriate legacy, the part assigned to the one
authority to participate in the dual who renounces or cannot receive his
training system educational institution. share, or who died before the testator,
[Sec. 4, RA 7686]. is added or incorporated to that of his
co-heirs, co-devisees, or co-legatees.
Accredited dual training system [Art. 1015, CC].
educational institution/training
center. A public or private institution Accumulated depreciation on
duly recognized and authorized by the appraisal. Also termed as Observed

10
depreciation. The accumulated the Government or to a government

depreciation based on the appraised or agency, instrumentality or corporation in
appraisal value per appraiser's report. satisfaction of debts whether by
[RCPI v. Natl. Wages Council, GR foreclosure of otherwise, or (ii) duly
93044. Mar. 26, 1992]. acquired by the Government through
final judgment in a sequestration
Accused. The name for the defendant in proceeding; or (b) which is a subsidiary
a criminal case. [Jurists Legal Dict., of a government corporation organized
2004]. exclusively to own and manage, or
lease, or operate specific physical assets
Acknowledged natural children. acquired by a government financial
Natural children duly acknowledged or institution in satisfaction of debts
recognized by the father and mother incurred therewith, and which in any
jointly, or by only one of them. case by law or by enunciated policy is
[Claridades, A., Compilation of Notes, required to be disposed of to private
2001-2006]. ownership within a specified period of
time. [Sec. 2, RA 7656].
Acknowledgment. A formal declaration
before an authorized official by the Acquired Immune Deficiency
person who executed an instrument that Syndrome (AIDS). A condition
it is his free act and deed; the certificate characterized by a combination of signs
of the official on such instrument and symptoms, caused by HIV
attesting that it was so acknowledged. contracted from another person and
[Glossary of Legal Terms (Pro-Se), which attacks and weakens the body's
2004]. immune system, making the afflicted
individual susceptible to other life-
A contrario. Lat. On the contrary. threatening infections. [Sec. 3, RA
[People v. Flores, 237 SCRA 662]. 8504].
A contrario sensu. Lat. From the Acquisitive prescription. Civ. Law. The
contrary sense. [Claridades, A., acquisition of ownership and other real
Compilation of Notes, 2001-2006]. rights through the lapse of time.
[Claridades, A., Compilation of Notes,
A converso. Lat. Conversely. [Claridades, 2001-2006].
A., Compilation of Notes, 2001-2006].
Acquisitive prescription. Civ. Law.
Acquiescence. 1. Action or inaction Requisites: For prescription to set in, the
which binds a person legally even possession must be: (a) adverse, (b)
though it was not intended as such. continuous, (c) public and (d) to the
[Duhaime's Legal Dict., 2004]. 2. exclusion of all. [Corpuz v. Padilla, GR L-
Allowing too much time to pass since a 18099 & L-18136. July 31, 1962].
person had knowledge of an event
which may have allowed him to have Acquittal. 1. It is always based on the
legal recourse against another, implying merits, that is, the defendant is
that he waived his rights to that legal acquitted because the evidence does
recourse. [Claridades, A., Compilation of not show that defendant's guilt is
Notes, 2001-2006]. beyond reasonable doubt; but dismissal
does not decide the case on the merits
Acquire. To gain by any means, usually or that the defendant is not guilty.
by ones own exertions. To take on as a [Malanyaon v. Lising, GR L-56028. July
part of ones nature or qualifications. To 30, 1981]. 2. The legal certification of
attain, procure, win, earn, secure or the innocence of a person who has been
obtain. [Morenos Law Dict., 2000 Ed., charged with a crime, setting the person
p. 9]. free from a charge of guilty by a finding
of not guilty. [Jurists Legal Dict., 2004].
Acquired asset corporation. A 3. A release, absolution, or discharge of
corporation: (a) which is under private an obligation or liability. In criminal law
ownership, the voting or outstanding the finding of not guilty. [Glossary of
shares of which were: (i) conveyed to

11
Legal Terms (Pro-Se), 2004]. Compare in the form given by law; a demand of a
with Dismissal. right in a court of justice; the lawful
demand of one's right in a court of
Act. Crim. Law. As used in Art. 3 of the justice; the legal and formal demand of
Rev. Penal Code, the term must be one's rights from another person or
understood as "any bodily movement party, made and insisted on in a court
tending to produce some effect in the of justice; a claim made before a
external world." [People v. Gonzales, GR tribunal; an assertion in a court of
80762. Mar. 19, 1990]. justice of a right given by law; a
demand or legal proceeding in a court of
Act. Intl. Law. Sometimes termed a Final justice to secure one's rights; the
act or Protocol de cloture, it is an prosecution of some demand in a court
instrument which records the summary of justice; the means by which men
of a diplomatic conference. It litigate with each other; the means that
reproduces the treaties, conventions or the law has provided to put the cause of
resolutions agreed upon by the action into effect. [Gutierrez Hermanos
participants of the conference. This is v. De la Riva, 46 Phil. 827, 834-835].
also termed as a General act. [Coquia
and Santiago, Intl. Law, 3rd Ed. (1998), Actionable document. Rem. Law. A
p. 492]. written instrument upon which the
action or defense is based. [Sec. 7, Rule
Act. Pol. Law. 1. An expression of will or 8, RoC].
purpose. It may denote something done
as a legislature, including not merely Actionable negligence. A violation of
physical acts, but also decrees, edicts, the duty to use care. [Morenos Law
laws, judgments, resolves, awards, and Dict., 2000 Ed., p. 11].
determinations. [Garcia v. Comelec, GR
111230. Sep. 30, 1994, citing Blacks Actionable wrong. A violation of law.
Law Dict., 5th Ed., p. 24]. 2. A bill which [Vales v. Villa, 35 Phil. 788].
has passed through the various
legislative steps required for it and Action for reconveyance. Rem. Law. A
which has become law, as in an act of legal remedy granted to a rightful owner
Congress. Synonymous to Statute, of land wrongfully or erroneously
Legislation or Law. [Duhaime's Legal registered in the name of another to
Dict., 2004]. compel the latter to reconvey the land
to him. [Esconde v. Barlongay, 152
Acta jure gestionis. Lat. Acts by right of SCRA 603 (1987)].
management. [Claridades, A.,
Compilation of Notes, 2001-2006]. Action in ejectment. Rem. Law. The
term includes a suit of forcible entry
Acta jure imperii. Lat. Acts by right of (detentacion) or unlawful detainer
dominion. [Claridades, A., Compilation (desahucio). [Sering v. Plazo, GR L-
of Notes, 2001-2006]. 49731. Sep. 29, 1988].
Acting. Holding a temporary rank or Action quasi in rem. Rem. Law. An

position, or performing services action which while not strictly speaking
temporarily. [Morenos Law Dict., 2000 an action in rem partakes of that nature
Ed., p. 10]. and is substantially such. . . . The action
quasi in rem differs from the true action
Action. Rem. Law. 1. An ordinary suit in in rem in the circumstance that in the
a court of justice, by which one party former an individual is named as
prosecutes another for the enforcement defendant and the purpose of the
or protection of a right, or the proceeding is to subject his interest
prevention or redress of a wrong. [Sec. therein to the obligation or lien
1, Rule 2, RoC]. 2. It includes burdening the property. All proceedings
counterclaim, set-off, and suits in equity having for their sole object the sale or
as provided by law. [Sec. 58, Act 2137]. other disposition of the property of the
3. The legal demand of one's right, or defendant, whether by attachment,
rights; the lawful demand of one's rights foreclosure, or other form of remedy,

12
are in a general way thus designated. or commercial production as determined

The judgment entered in these by the DENR Sec. after the necessary
proceedings is conclusive only between field investigation or verification
the parties. [Banco Espaol Filipino v. including contiguous and geologically
Palanca, 37 Phil. 921, 928 (1918)]. related areas belonging to the same
claim owner and/or under contract with
Actio or action in personam. Lat. Rem. an operator, but in no case to exceed
Law. 1. A personal action seeking the maximum area allowed by law. [Sec.
redress against a particular individual. 3, RA 7076].
An action against a person on the basis
of his personal liability. [Hernandez v. Active search. A prying into hidden
Rural Bank of Lucena, 76 SCRA 85]. 2. places for that which is concealed.
An action against the person, founded [Padilla v. CA, GR 121917. Mar. 12,
on a personal liability. In contrast to 1997, citing Black's Law Dict., Rev. 4th
action in rem, an action for the recovery Ed.].
of a specific object, usually an item of
personal property. [Jurists Legal Dict., Active solidarity. It consists in the
2004]. authority of each creditor to claim and
enforce the rights of all, with the
Actio or action in rem. Lat. Rem. Law. resulting obligation of paying every one
1. An action for the recovery of the very what belongs to him; there is no
thing. An action against the thing itself, merger, much less a renunciation of
instead of against the person. rights, but only mutual representation.
[Hernandez v. Rural Bank of Lucena, 76 [Quiombing v. CA, GR 93010. Aug. 30,
SCRA 85]. 2. Proceeding against the 1990, citing Tolentino, Civil Code of the
thing as compared to personal actions Phil., Vol. IV, 85 Ed., p. 228]. It is a kind
(in personam). Usually a proceeding of solidarity where there are several
where property is involved. [Jurists creditors and only one debtor. [Diaz,
Legal Dict., 2004]. Bus. Law Rev., 1991 Ed., p. 24].
Compare with Passive solidarity.
Actio personalis moritur cum
persona; actio personalis in Active subject. The person who can
haeredem non datur, nisi forte ex demand the performance of the
damno locupletior haeres factus sit. obligation, otherwise known as the
Lat. A personal right of action dies with creditor or obligee. [Torres, Oblig. &
the person. A penal action is not given Cont., 2000 Ed., p. 24]. Compare with
against an heir, unless, indeed, such Passive subject.
heir is benefited by the wrong. [Petralba
v. Sandiganbayan, GR 81337. Aug. 16, Activist school. Group of Third World
1991]. theorists who argue that international
law reflects the interests of developed
Active fishing gear. A fishing device states to the detriment of developing
characterized by gear movements, states and who advocate action by the
and/or the pursuit of the target species latter to change it. [Intl. Law Dict. &
by towing, lifting, and pushing the Direct., 2004].
gears, surrounding, covering, dredging,
pumping and scaring the target species Act of God. An event which is caused
to impoundments; such as, but not solely by the effect of nature or natural
limited to, trawl, purse seines, Danish causes and without any interference by
seines, bag nets, paaling, drift gill net humans whatsoever. Insurance
and tuna longline. [Sec. 4, RA 8550]. contracts often exclude Acts of God
from the list of insurable occurrences as
Active ingredient. The chemical a means to waive their obligations for
component responsible for the claimed damage caused by typhoons, floods or
therapeutic effect of the pharmaceutical earthquakes. [Duhaime's Legal Dict.,
product. [Sec. 3, RA 6675]. 2004].
Active mining area. Areas under actual Act of God doctrine. The doctrine
exploration, development, exploitation embodying the principle that strictly

13
requires that the act must be one Acts mala prohibita. Crim. Law. Acts
occasioned exclusively by the violence which would not be wrong but for the
of nature and all human agencies are to fact that positive law forbids them. In
be excluded from creating or entering cats mala prohibita, the only inquiry is,
into the cause of the mischief. When the has the law been violated? [Gardner v.
effect, the cause of which is to be People, 62 N.Y., 299, cited in US v. Go
considered, is found to be in part the Chico, 14 Phil. 134].
result of the participation of man,
whether it be from active intervention or Acts merely tolerated. Those which by
neglect, or failure to act, the whole reason of neighborliness or familiarity,
occurrence is thereby humanized, as it the owner of property allows his
were, and removed from the rules neighbor or another person to do on the
applicable to the acts of God. [Napocor property; they are generally those
v. CA, GR 103442-45. May 21, 1993, particular services or benefits which
citing 1 Corpus Juris, pp. 1174-1175]. one's property can give to another
without material injury or prejudice to
Act of state doctrine. Doctrine that the the owner who permits them out of
act of a government within the friendship or courtesy. [Sarona v.
boundaries of its own territory is not Villegas, GR L-22984. Mar. 27, 1968,
subject to judicial scrutiny in a foreign citing II Tolentino, Civil Code of the
municipal court. A municipal court will Phil., 1963, ed., p. 227, in turn citing 1
decline to hear a dispute based on such Ruggiero 843].
acts if to do so would interfere with the
conduct of the forum state's foreign Acts of lasciviousness. Crim. Law. The
policy. [Intl. Law Dict. & Direct., 2004]. felony committed by any person who
shall commit any act of lasciviousness
Acts by right of dominion. Acta jure upon other persons of either sex, under
imperii. Activities of a governmental or any of the circumstances mentioned in
public nature carried out by a foreign Art. 335 of the Rev. Penal Code. [Art.
State or one of its subdivisions, which 336, RPC].
qualify for State immunity under the
modern doctrine of restrictive foreign Act tending to prevent the meeting
sovereign immunity. [Tetley, Glossary of of the Assembly and similar bodies.
Conflict of Laws, 2004]. Crim. Law. The felony committed by any
person who, by force or fraud, prevents
Acts by right of management. Acta the meeting of the National Assembly
jure gestionis. Activities of a commercial (Congress of the Philippines) or of any
nature carried out by a foreign State or of its committees or sub-committees,
one of its subdivisions or agencies, constitutional commissions or
which acts are not immune from the committees or divisions thereof, or of
jurisdiction and process of local courts any provincial board or city or municipal
under the modern doctrine of restrictive council or board. [Art. 143, RPC, as
foreign sovereign immunity. [Tetley, reinstated by EO 187].
Glossary of Conflict of Laws, 2004].
Actual. Something real, or actually
Acts contra bonus mores. Elements: existing, as opposed to something
(a) There is an act which is legal; (b) merely possible, or to something which
but which is contrary to morals, good is presumptive or constructive. [Moreno,
custom, public order, or public policy; Phil. Law Dict., 3rd Ed., p. 26 citing
(c) and it is done with intent to injure. Salaysay v. Ruiz Castro, 98 Phil. 385
[Albenson Enterprises Corp. v. CA, GR (1956)].
88694. Jan. 11, 1993].
Actual case. Also Actual controversy.
Acts mala in se. Crim. Law. Acts wrong An existing case or controversy that is
in themselves. In acts mala in se, the appropriate or ripe for determination,
intent governs. [Dunlao v. CA, GR not conjectural or anticipatory. [Garcia
111343. Aug. 22, 1996, citing Sangco, v. Exec. Sec., 204 SCRA 516, 522
Crim. Law, Vol. I, Book 1, 1979, p. 90]. (1991)].

14
Actual damages. Also Compensatory Actual service. The period of time for
damages. Adequate compensation to which pay has been received, excluding
which a person is entitled only for such period covered by terminal leave. [Sec.
pecuniary loss suffered by him as he has 3, PD 985].
duly proved, except as provided by law
or by stipulation [Art. 2199, CC]. Actual total loss. Ins. Loss caused by:
(a) a total destruction of the thing
Actual delivery. Also Real delivery. 1. insured; (b) the irretrievable loss of the
The placement of the thing sold in the thing by sinking, or by being broken up;
control and possession of the vendee. (c) any damage to the thing which
[Art. 1497, CC]. 2. Delivery where renders it valueless to the owner for the
physical possession is given to the purpose for which he held it; or (d) any
vendee or his representative. [Onapal other event which effectively deprives
Phils. v. CA, GR 90707. Feb. 1, 1993, the owner of the possession, at the port
citing Black's Law Dict. 515-516 (4th of destination, of the thing insured.
Ed.)]. 3. Sales. The ceding of corporeal [Sec. 130, IC]. Compare with
possession by the seller, and the actual Constructive total loss.
apprehension of corporeal possession by
the buyer or by some person authorized Actual use. The purpose for which the
by him to receive the goods as his property is principally or predominantly
representative for the purpose of utilized by the persons in possession of
custody or disposal. [Moreno, Phil. Law the property. [Sec. 3, PD 464].
Dict., citing Andrada v. Argel, 65 OG
1054]. Compare with Constructive Actus ipsa loquitur. Lat. Let the act
delivery. speak for itself. [Morenos Law Dict.,
2000 Ed., p. 12].
Actual fraud. 1. Intentional fraud; it
consists in deception, intentionally Actus me invito factus non est meus
practiced to induce another to part with actus. Lat. An act done by me against
property or to surrender some legal my will is not my act. [People v.
right, and which accomplishes the end Salvatierra, GR 111124. June 20, 1996].
designed. [Berico v. CA, GR 96306. Aug.
20, 1993]. 2. The intentional omission of Actus non facit reum, nisi mens sit
fact required by law to be stated in the rea. Lat. An act is not criminal unless
application or willful statement of a the mind is criminal. [People v. Quijada,
claim against truth. It may also GR 115008-09. July 24, 1996].
constitute specific acts intended to
deceive or deprive another of his right, Acute conjunctivitis. Sore eyes.
but lack of actual notice of the [Morenos Law Dict., 2000 Ed., p. 12].
proceedings does not itself establish
fraud. [Albano, Civil Law Reviewer, Rev. Ada. Customary law. [Art. 7, PD 1083
Ed., p. 524, citing Alba v. Dela Cruz, 17 (Code of Muslim Personal Laws of the
Phil. 49]. Compare with Constructive Philippines)].
fraud.
Addendum. An attachment to a written
Actual loss. Mar. Ins. A loss may be document. [Duhaime's Legal Dict.,
presumed from the continued absence 2004].
of a ship without being heard of. The
length of time which is sufficient to raise Additional evidence. Such evidence
this presumption depends on the allowed to be offered (a) when it is
circumstances of the case. [Sec. 132, newly discovered, or (b) where it has
IC]. been omitted through inadvertence or
mistake, or (c) where the purpose of the
Actual possession. Possession as a fact evidence is to correct evidence
or physical possession. [Morenos Law previously offered. [Lopez v. Liboro, GR
Dict., 2000 Ed., p. 12]. Compare with L-1787. Aug. 27, 1948, citing I Moran's
Constructive possession. Comments on the Rules of Court, 2d
Ed., 545; 64 CJ, 160-163].

15
Address. The direction for delivery of a Ad infinitum. Lat. Forever; without limit;
letter; the name or description of a indefinitely. [Duhaime's Legal Dict.,
place of residence, business, etc., where 2004].
a person may be found or
communicated with. [Lim Sih Beng v. Ad interim. In the meantime or for the
Rep., GR L-23387. Apr. 24, 1967, citing time being. Thus, an officer ad interim is
2 Words and Phrases, (p. 529)]. one appointed to fill a vacancy, or to
discharge the duties of the office during
Addressee. A person who is intended by the absence or temporary incapacity of
the originator to receive the electronic its regular incumbent. [PLM v. IAC, GR
data message or electronic document, L-65439. Nov. 13, 1985, citing Black's
but does not include a person acting as Law Dict., Rev. 4th Ed., 1978].
an intermediary with respect to that
electronic data message or electronic Ad-interim appointment. 1. The
data document. [Sec. 5, RA 8792]. appointment that the President may
make during the recess of the Congress,
Adequate remedy. A remedy which is or those made during a period of time
equally beneficial, speedy and sufficient, from the adjournment of the Congress
not merely a remedy which at some to the opening session, regular or
time in the future will bring about a special, of the same Congress. [Aytona
revival of the judgment of the lower v. Castillo, GR L-19313. Jan. 19, 1962].
court complained of in the certiorari 2. An appointment made by the
proceeding, but a remedy which will President while Congress is not in
promptly relieve the petitioner from the session. It takes effect immediately but
injurious effects of that judgment and ceases to be valid if disapproved by the
the acts of the inferior court or tribunal. Commission on Appointments or upon
[Silvestre v. Torres, 57 Phil. 885, 11 CJ., the next adjournment of Congress.
p. 113]. Compare with Regular appointment.
[Suarez, Pol. Law Reviewer, 1st Ed.,
Adherence to the enemy. The act of a 2002, p. 393].
citizen of favoring the enemy and
harboring sympathies or convictions Adjective or procedural law. That
disloyal to his countrys policy or body of law which governs the process
interest. [Gregorio, Fund. of Crim. Law of protecting the rights under
Rev., 1997 9th Ed., p. 363, citing Cramer substantive law. [Glossary of Legal
v. US, 65 Sup. Crt. 918]. Terms (Pro-Se), 2004]. See also
Remedial law.
Adhesion contract. 1. A contract in
which one of the parties imposes a Adjournment. Pol. Law. During a session
ready-made form of contract, which the of Congress, mere temporary
other party may accept or reject, but suspension of business from day to day,
which the latter cannot modify. or for such brief periods of time as are
[PCIBank v. CA, GR 97785. Mar. 29, agreed upon by the joint action of the
1996, citing Tolentino, Civil Code of the two houses. [Aytona v. Castillo, GR L-
Phil., Vol. IV (1986), p. 506]. 2. A fine- 19313. Jan. 19, 1962]. Compare with
print consumer form contract which is Recess.
generally given to consumers at point-
of-sale, with no opportunity for Adjudge. 1. To pass on judicially, to
negotiation as to it's terms, and which, decide, settle or decree, or to sentence
typically, sets out the terms and or condemn. The term implies a judicial
conditions of the sale, usually to the determination of a fact, and the entry of
advantage of the seller. [Duhaime's a judgment. [Cario v. CHR, GR 96681.
Legal Dict., 2004]. Dec. 2, 1991].
Ad hoc. Lat. For this purpose; for a Adjudicate. To settle in the exercise of
specific purpose. [Duhaime's Legal Dict., judicial authority. To determine finally.
2004]. Synonymous with adjudge in its
strictest sense. [Cario v. CHR, GR
96681. Dec. 2, 1991].

16
intent to kill, shall inflict upon another

Adjudication. Civ. Law. See Dacion en any serious, physical injury, by
pago or Dation in payment. knowingly administering to him any
injurious substance or beverages or by
Adjudication. Rem. Law. 1. The taking advantage of his weakness of
rendition of a judgment or final order mind or credulity. [Art. 264, RPC].
which disposes of the case on the
merits. [Bench Book for Trial Court Administration. The aggregate of those
Judges, p. 2-40]. 2. Giving or persons in whose hands the reins of
pronouncing a judgment or decree. Also government are for the time being (the
the judgment given. [Glossary of Legal chief ministers or heads of
Terms (Pro-Se), 2004]. 3. A judgment; departments). [US v. Dorr, GR 1051.
giving or pronouncing judgment in a May 19, 1903, citing Bouvier Law Dict.,
case. Determination in the exercise of 89l]. Compare Government.
judicial power. [Bouvier's Law Dict. 3rd
Revision (8th Ed.)]. Administrative. The term connotes, or
pertains, to administration, especially
Adjudication or judgment on the management, as by managing or
merits. A judgment which determines conducting, directing or superintending,
the rights and liabilities of the parties the execution, application, or conduct of
based on the disclosed facts, persons or things. [Univ. of Nueva
irrespective of formal, technical or Caceres v. Martinez, GR L-31152. Mar.
dilatory objections. It is not necessary, 27, 1974, citing Fluet v. McCabe, 12
however, that there should have been a N.E. 2d. 93].
trial. If the judgment is general, and not
based on any technical defect or Administrative act. Any action including
objection, and the parties had a full decisions, omissions, recommendations,
legal opportunity to be heard on their practices, or procedures of an
respective claims and contentions, it is administrative agency. [Sec. 9, PD
on the merits although there was no 1487].
actual hearing or arguments on the
facts of the case. [Mendiola v. CA, GR Administrative adjudicatory power.
122807. July 5, 1996]. See Quasi-judicial power.
Adjunction. See Conjunction. Administrative agencies. Agencies

created by the legislative branch of
Ad litem. Lat. For the suit. A person government to administer laws
appointed only for the purposes of pertaining to specific areas such as
prosecuting or defending an action on taxes, transportation, and labor.
behalf of another such as a child or [Glossary of Legal Terms (Pro-Se),
mentally-challenged person. Also called 2004].
a Guardian ad litem. [Duhaime's Legal
Dict., 2004]. Administrative agency. Any
department or other governmental unit
Administer. Any act of introducing any including any government-owned or
dangerous drug into the body of any controlled corporation, any official, or
person, with or without his/her any employee acting or purporting to
knowledge, by injection, inhalation, act by reason of connection with the
ingestion or other means, or of government but it does not include (a)
committing any act of indispensable any court or judge, or appurtenant
assistance to a person in administering judicial staff; (b) the members,
a dangerous drug to himself/herself committees, or staffs of the National
unless administered by a duly licensed Assembly; or (c) the President or his
practitioner for purposes of medication. personal staff, or (4) the members of
[Sec. 3, RA 9165]. the Constitutional Commissions and
their personal staffs. [Sec. 9, PD 1487].
Administering injurious substances
or beverages. Crim. Law. The felony Administrative Code of 1987. EO 292
committed by any person who, without signed into law on July 25, 1987.

17
Administrative law. 1. That law which

Administrative due process. fixes the organization and determines
Requisites: (a) The right to a hearing the competence of the administrative
which includes the right of the party authorities and which regulates the
interested or affected to present his own methods by which the functions of the
case and submit evidence in support government are performed. [Suarez,
thereof; (b) the tribunal must consider Stat. Con., (1993), p. 38]. 2. That body
the evidence presented; (c) the decision of law which applies for hearings before
must have something to support itself; quasi-judicial or administrative tribunals.
(d) the evidence must be substantial; [Duhaime's Legal Dict., 2004].
(e) the decision must be rendered on
the evidence presented at the hearing, Administrative supervision. 1. The
or at least contained in the record and authority of the department or its
disclosed to the parties affected; (f) The equivalent to generally oversee the
tribunal or body or any of its judges, operations of such agencies and to
therefore, must act on its or his own insure that they are managed
independent consideration of the law effectively, efficiently and economically
and facts of the controversy, and not but without interference with day-to-day
simply accept the views of a subordinate activities; or require the submission of
in arriving at a decision; and (g) the reports and cause the conduct of
board or body should, in all management audit, performance
controversial questions, render its evaluation and inspection to determine
decision in such a manner that the compliance with policies, standards and
parties to the proceeding can know the guidelines of the department; to take
various issues involved, and the reasons such action as may be necessary for the
for the decisions rendered. [Cruz, proper performance of official functions,
Constl. Law, 1998 Ed., p. 119, citing, including rectification of violations,
Ang Tibay v. CIR, GR 46496. Feb. 27, abuses and other forms of
1940]. Compare with Judicial due misadministration; and to review and
process. pass upon budget proposals of such
agencies but may not increase or add to
Administrative feasibility. Taxation. them. [Sec. 38, Chap. 6, EO 292]. 2.
The capability of a tax system of being The power or authority of an officer or
effectively enforced. [Claridades, A., body to oversee that subordinate
Compilation of Notes, 2001-2006]. officers of bodies perform their assigned
duties and functions in accordance with
Administrative functions. 1. The law. [Claridades, A., Compilation of
executive machinery of government and Notes, 2001-2006].
the performance by that machinery of
governmental acts. It refers to the Administrative tribunal. Hybrid
management actions, determinations, adjudicating authorities which straddle
and orders of executive officials as they the line between government and the
administer the laws and try to make courts. Between routine government
government effective. There is an policy decision-making bodies and the
element of positive action, of traditional court forums lies a hybrid,
supervision or control. [In Re: Manzano, sometimes called a tribunal or
AM 88-7-1861-RTC. Oct. 5, 1988]. 2. administrative tribunal and not
Those which involve the regulation and necessarily presided by judges. These
control over the conduct and affairs of operate as a government policy-making
individuals for their own welfare and the body at times but also exercise a
promulgation of rules and regulations to licensing, certifying, approval or other
better carry out the policy of the adjudication authority which is quasi-
legislature or such as are devolved upon judicial because it directly affects the
the administrative agency by the organic legal rights of a person. Administrative
law of its existence [Nasipit Integrated tribunals are often referred to as
Arrastre v. Tapucar, SP-07599-R, 29 Commission, Authority or Board.
Sep. 1978, Black's Law Dict.]. [Duhaime's Legal Dict., 2004].

18
Administrator. 1. The person entrusted Admission by conspirator. Evid.

with the care, custody and management Requisites: (a) that the conspiracy be
of the estate of a deceased person until first proved by evidence other than the
the estate is partitioned and distributed admission itself; (b) that the admission
to the heirs, legatees and devisees, if relates to the common objects; and (c)
any. [Bench Book for Trial Court Judges, that it has been made while the
p. 3-2]. 2. A person who administers the declarant was engaged in carrying out
estate of a person deceased. The the conspiracy. [People v. Surigawan,
administrator is appointed by a court GR 83215. Dec. 15, 1993].
and is the person who would then have
power to deal with the debts and assets Admission by co-partner or agent.
of a person who died intestate. Female Evid. The act or declaration of a partner
administrators are called Administratrix. or agent of the party within the scope of
An administrator is a Personal his authority and during the existence of
representative. [Duhaime's Legal Dict., the partnership or agency, which may
2004]. be given in evidence against such party
after the partnership or agency is shown
Administratrix. Lat. Female by evidence other than such act or
administrator. [Claridades, A., declaration. The same rule applies to
Compilation of Notes, 2001-2006]. the act or declaration of a joint owner,
joint debtor, or other person jointly
Admiralty or maritime law. 1. That interested with the party. [Sec. 29, Rule
body of law relating to ships, shipping, 130, RoC].
marine commerce and navigation,
transportation of persons or property by Admission by privies. Evid. The act,
sea, etc. [Glossary of Legal Terms (Pro- declaration, or omission of one from
Se), 2004]. 2. The law and court with whom another derives title to property,
jurisdiction over maritime affairs in while holding the title, in relation to the
general. [Intl. Law Dict. & Direct., property, which may be given in
2004]. evidence against the latter. [Sec. 31,
Rule 130, RoC].
Admissible evidence. 1. Evidence which
is relevant to the issue and is not Admission by silence. Evid. 1. An act or
excluded by law or by the Rules of declaration made in the presence and
Court. [Claridades, A., Compilation of within the hearing or observation of a
Notes, 2001-2006]. 2. Evidence that can party who does or says nothing when
be legally and properly introduced in a the act or declaration is such as
civil or criminal trial. [Glossary of Legal naturally to call for action or comment if
Terms (Pro-Se), 2004]. not true, and when proper and possible
for him to do so, which may be given in
Admission. Evid. 1. The act, declaration evidence against him. [Sec. 30, Rule
or omission of a party as to a relevant 132, RoC].
fact which may be given in evidence
against him. [Sec. 26, Rule 130, RoC]. Admission by silence. Evid. Requisites:
2. A statement tending to establish the (a) That he heard and understood the
guilt or liability of the person making the statement; (b) that he was at liberty to
statement. [Jurists Legal Dict., 2004]. interpose a denial; (c) that the
Compare with Confession. statement was in respect to some
matter affecting his rights or in which he
Admission by conspirator. Evid. The was then interested, and calling,
act or declaration of a conspirator naturally, for an answer; (d) that the
relating to the conspiracy and during its facts were within his knowledge; and
existence, which may be given in (e) that the fact admitted or the
evidence against the co-conspirator inference to be drawn from his silence
after the conspiracy is shown by would be material to the issue. [People
evidence other than such act of v. Paragsa, GR L-44060. July 20, 1978,
declaration. [Sec. 30, Rule 130, RoC]. citing IV Francisco, The Rev. Rules of
Court in the Phil., 1973 Ed., p. 316].

19
Admonish. To advise or caution. For antecedent, unless it be prevented by

example the court may caution or the context. [Abella v. Comelec, GR
admonish counsel for wrong practices. 100710. Sep. 3, 1991, citing Black's Law
[Glossary of Legal Terms (Pro-Se), Dict., 4th Ed., 57].
2004].
ADR. Abbreviation for Alternative
Admonition. A gentle or friendly reproof, dispute resolution. [Duhaime's Legal
a mild rebuke, warning or reminder, Dict., 2004].
counseling, on a fault, error or
oversight, an expression of authoritative ADR practitioners. Individuals acting as
advice or warning. They are not mediator, conciliator, arbitrator or
considered as penalties. [Tobias v. neutral evaluator. [Sec. 3, RA 9285].
Veloso, GR L-40224. Sep. 23, 1980].
ADR providers. Institutions or persons
Adopt-a-School Act of 1998. RA 8525 accredited as mediator, conciliator,
entitled An Act establishing an Adopt- arbitrator, neutral evaluator, or any
A-School Program, providing incentives person exercising similar functions in
therefor, and for other purposes any alternative dispute resolution
enacted on Feb. 14, 1998. system (ADR). This is without prejudice
to the rights of the parties to choose
Adoption. 1. An act by which relations of non-accredited individuals to act as
paternity and affiliation are recognized mediator, conciliator, arbitrator, or
as legally existing between persons not neutral evaluator of their dispute. [Sec.
so related by nature. The taking into 3, RA 9285].
one's family of the child of another as
son or daughter and heir and conferring Adultery. Crim. Law. 1. The felony
on it a title to the rights and privileges committed by any married woman who
of such. The purpose of an adoption shall have sexual intercourse with a man
proceeding is to effect this new status of not her husband and by the man who
relationship between the child and its has carnal knowledge of her knowing
adoptive parents, the change of name her to be married, even if the marriage
which frequently accompanies adoption be subsequently declared void. [Art.
being more an incident that the object 333, RPC]. 2. Voluntary sexual
of the proceeding. [Rep. v. CA, GR intercourse between a married person
97906. May 21, 1992, citing, 1 Am. Jur., and another person who is not their
Adoption of Children 621-622]. 2. The married spouse. [Duhaime's Legal Dict.,
juridical act which creates between two 2004].
persons a relationship similar to that
which results from legitimate paternity Ad valorem property tax. A tax
and filiation. [Prasnick v. Rep., 98 Phil invariably based upon ownership of
655, quoting 4 Valverde 473]. property, and is payable regardless of
whether the property is used or not,
Adoption proceeding. A proceeding in although of course the value may vary
rem or against the whole world. The in accordance with such factor.
court acquires jurisdiction simply by [Villanueva v. City of Iloilo, GR L-26521.
publication. [Morenos Law Dict., 2000 Dec. 28, 1968, citing 51 Am. Jur. 53].
Ed., p. 16].
Ad valorem tax. 1. A levy on real
Adoptive admission. A partys reaction property determined on the basis of a
to a statement or action by another fixed proportion of the value of the
person when it is reasonable to treat the property. [Sec. 3, PD 464]. 2. An excise
partys reaction as an admission of tax based on selling price or other
something stated or implied by the specified value of the article. [Comm. of
other person. [Estrada v. Desierto, 356 Int. Rev. v. Mobile Phil. Inc., GR
SCRA 108]. 104920. Apr. 28, 1994]. Compare with
Specific tax.
Ad proximum antedecens fiat relatio
nisi impediatur sentencia. Lat. Adventitious property. Property earned
Relative words refer to the nearest or acquired by the minor child through

20
his work or industry by onerous or Adverse possession. 1. The possession

gratuitous title. It is owned by the child of land, without legal title, for a period
but is administered by the parents. The of time sufficient to become recognized
child is also the usufructuary of the as legal owner. The more common word
property but his use thereof is for this is squatters. [Duhaime's Legal
secondary only to the collective daily Dict., 2004]. 2. The method of acquiring
needs of the family. Compare with real property under certain conditions by
Profectitious property. possession for a statutory period.
[Glossary of Legal Terms (Pro-Se),
Adversarial or contentious action or 2004].
proceedings. Rem. Law. An action or
proceedings having opposing parties; Advertisement. 1. Any visual and/or
(is) contested, as distinguished from an audible message disseminated to the
ex parte hearing or proceeding, of which public about or on a particular product
the party seeking relief has given legal that promote and give publicity by
notice to the other party and afforded words, designs, images or any other
the latter an opportunity to contest it. means through broadcasts, electronic,
[Manila Golf v. IAC, GR 64948. Sep. 27, print or whatever form of mass media,
1994, citing Black's Law Dict., 5th Ed., p. including outdoor advertisements, such
40]. as but no limited to signs and billboards.
[Sec. 4, RA 9211]. 2. The prepared and
Adversary proceeding. Rem. Law. 1. through any form of mass medium,
One having opposing parties; contested, subsequently applied, disseminated or
as distinguished from an ex parte circulated advertising matter. [Art. 4, RA
application, one of which the party 7394].
seeking relief has given legal warning to
the other party, and afforded the latter Advertisement by lawyer, rule on.
an opportunity to contest it. [GR L- The Code of Professional Responsibility
32181, Mar. 5, 1986, 141 SCRA 462]. 2. provides that a lawyer in making known
A proceeding having opposing parties his legal services shall use only true,
such as a plaintiff and a defendant. honest, fair, dignified and objective
Individual lawsuit(s) brought within a information or statement of facts. He is
bankruptcy proceeding. [Glossary of not supposed to use or permit the use
Legal Terms (Pro-Se), 2004]. of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or
Adverse claim. A claim of any part or unfair statement or claim regarding his
interest in registered land adverse to the qualifications or legal services. Nor shall
registered owner, arising subsequent to he pay or give something of value to
the date of the original registration. representatives of the mass media in
[Sec. 110, Act 496]. anticipation of, or in return for, publicity
to attract legal business. Prior to the
Adverse interest. Such interest of a adoption of the Code of Professional
witness - so as to permit cross- Responsibility, the Canons of
examination by the party calling him Professional Ethics had also warned that
as would be so involved in the event of lawyers should not resort to indirect
the suit that a legal right or liability will advertisements for professional
be acquired, lost, or materially affected employment, such as furnishing or
by the judgment, and must be such as inspiring newspaper comments, or
would be promoted by the success of procuring his photograph to be
the adversary of the party calling him. published in connection with causes in
[Blacks Law Dict., Abr. 5th Ed. (1983), which the lawyer has been or is
p. 26]. engaged or concerning the manner of
their conduct, the magnitude of the
Adverse party. A party to an action interest involved, the importance of the
whose interests are opposed to or lawyer's position, and all other like self-
opposite the interests of another party laudation. [Ulep v. Legal Clinic, Bar
to an action. [Blacks Law Dict., Abr. 5th Matter 553. June 17, 1993].
Ed. (1983), p. 26].

21
Advertisement of talent or skill, Aequitas non facit jus, sed juri

prohibition on. The standards of the auxiliatur. Lat. Equity does not make
legal profession condemn the lawyer's the law, but supports the law. [Borja v.
advertisement of his talents. A lawyer CA, GR 95667. May 8, 1991].
cannot, without violating the ethics of
his profession, advertise his talents or Aequitas rem ipsam intuetur de
skills as in a manner similar to a forma et circumstantiis minus
merchant advertising his goods. The anxia. Lat. Equity regards not the form
proscription against advertising of legal but the substance of the act. [Morenos
services or solicitation of legal business Law Dict., 2000 Ed., p. 17].
rests on the fundamental postulate that
the practice of law is a profession. [Ulep Aequitas sequitur legem. Lat. Equity
v. Legal Clinic, Bar Matter 553. June 17, follows the law. [Morenos Law Dict.,
1993]. 2000 Ed., p. 17].
Advertiser. 1. The client of the Aequum et bonum est lex legum. Lat.
advertising agency or the sponsor of the That which is equitable and right is the
advertisement on whose account the law of laws. [Morenos Law Dict., 2000
advertising is prepared, conceptualized, Ed., p. 17].
presented or disseminated. [Art. 4, RA
7394]. 2. A person or entity on whose Aerial domain. The airspace above the
account of for whom an advertisement terrestrial domain and the maritime and
is prepared and disseminated by the fluvial domain of the state, to the limits
advertising agency, which is service of the atmosphere but does not include
established and operated for the outer space. [Cruz, Intl. Law Reviewer,
purpose of counseling or creating and 1996 Ed., p. 67].
producing and/or implementing
advertising program in various forms of Affiant. The person who makes and
media. [Sec. 4, RA 9211]. subscribes an affidavit. [Glossary of
Legal Terms (Pro-Se), 2004].
Advertising. 1. The business of
conceptualizing, presenting, making Affidavit. 1. A statement which before
available and communicating to the being signed, the person signing takes
public, through any form of mass media, an oath that the contents are, to the
any fact, data or information about the best of their knowledge, true. It is also
attributes, features, quality or signed by a notary or some other
availability of consumers products, judicial officer that can administer oaths,
services or credit. [Sec. 4, RA 9211]. 2. to the effect that the person signing the
The business of conceptualizing, affidavit was under oath when doing so.
presenting or making available to the These documents carry great weight in
public, through any form of mass media, Courts to the extent that judges
fact, data or information about the frequently accept an affidavit instead of
attributes, features, quality or the testimony of the witness.
availability of consumer products, [Duhaime's Legal Dict., 2004]. 2. A
services or credit. [Art. 4, RA 7394]. voluntary, written, or printed declaration
of facts, confirmed by oath of the party
Advertising agency or agent. A service making it before a person with authority
organization or enterprise creating, to administer the oath. [Glossary of
conducting, producing, implementing or Legal Terms (Pro-Se), 2004].
giving counsel on promotional
campaigns or programs through any Affidavit of consolidation of
medium for and in behalf of any ownership. A sworn statement
advertiser. [Art. 4, RA 7394]. executed by the vendee-a-retro to the
effect that the period of repurchase has
Aequetas nunquam contravenit legis. expired and the vendor failed to
Lat. Equity is not applied against the exercise his right to repurchase.
law. [Aguila v. CA, 160 SCRA 359]. [Morenos Law Dict., 2000 Ed., p. 17].

22
Affidavit of merit. An affidavit showing Affirmed. In the practice of appellate

the fraud, accident, mistake, or courts, the word means that the
excusable negligence relied upon, and decision of the trial court is correct.
the facts constituting the petitioner's [Glossary of Legal Terms (Pro-Se),
good and substantial cause of action or 2004].
defense, as the case may be. It serves
as the jurisdictional basis for the court Afflictive penalties. The following are
to entertain a petition for relief. [Garcia afflictive penalties under the Rev. Penal
v. CA, GR 96141. Oct. 2, 1991]. Code: Reclusion perpetua, reclusion
temporal, perpetual or temporary
Affiliated corporation. A corporation absolute disqualification, perpetual or
related to another by owning or being temporary special disqualification,
owned by common management or by a prision mayor, and fine, whether
long-term lease of its properties or other imposed as a single of as an alternative
control device. An affiliation exists penalty, which exceeds 6,000 pesos.
between a holding or parent company [Arts. 25-26, RPC].
and its subsidiary, or between two
corporations owned or controlled by a Affordable cost. The most reasonable
third. [De Leon, Corp. Code of the Phil. price of land and shelter based on the
Annotated, 1989 Ed., p. 40, citing needs and financial capability of
Kohler, A Dict. for Accountants, 1975 Program beneficiaries and appropriate
Ed., p. 26]. financing schemes. [Sec. 3, RA 7279].
Affinity. The connection existing in Affreightment contract. 1. A contract

consequence of a marriage, between by which the owner of a ship or other
each of the married persons and the vessel lets the whole or a part of her to
kindred of the other. [Paras, Phil. a merchant or other person for the
Conflict of Laws, 8th Ed. (1996), p. 308]. conveyance of goods, on a particular
Compare with Consanguinity. voyage, in consideration of the payment
of freight. [Planters Products v. CA, GR
Affirmation. A solemn and formal 101503. Sep. 15, 1993, citing Bouvier's
declaration that an affidavit is true. This Law Dict., 3rd Rev., Vol. I, p. 470]. 2. A
is substituted for an oath in certain contract with the ship owner to hire his
cases. [Glossary of Legal Terms (Pro- ship or part of it, for the carriage of
Se), 2004]. goods, and generally takes the form
either of a charter party or a bill of
Affirmative defense. Rem. Law. 1. An lading. [Market Developers v. IAC, GR
allegation of new matter which, while 74978. Sep. 8, 1989].
admitting the material allegations of the
complaint, expressly or impliedly, would A fortiori. More effective; with greater
nevertheless prevent or bar recovery by reason. [LawInfo Legal Dict. (2005)].
the plaintiff. The affirmative defenses
include fraud, statute of limitations, After-acquired property. Property
release payment, illegality, statute of acquired during the interval between the
frauds, estoppel, former recovery, execution of the will and the death of
discharge in bankruptcy, and all other the testator which are not, as a rule,
matter by way of confession and included among the properties disposed
avoidance. [Sec. 5, Rule 6, RoC]. 2. A of, unless it should expressly appear in
defense raised in a responsive pleading the will itself that such was the intention
(answer) relating a new matter as a of the testator. [Jurado, Comments &
defense to the complaint; affirmative Jurisp. on Succession, 1991 8th Ed., p.
defenses might include contributory 35, citing Art. 794, CC].
negligence or estopped in civil actions;
in criminal cases insanity, duress, or After-cataract. See Secondary
self-defense might be used. [Glossary of cataract.
Legal Terms (Pro-Se), 2004]. Compare
with Negative defense. After date. The term refers to the date
of issuance of the negotiable

23
instrument. [Claridades, A., Compilation of employment to help defray the union

of Notes, 2001-2006]. expenses as a bargaining agent for the
group or all the employees. This is
After sight. The term refers to the date otherwise know as the anti-free rider
of presentment for acceptance to the or hitchhiker clause in the CBA.
drawee of the negotiable instrument. [Poquiz, Labor Rel. Law, 1999 Ed. p.
[Claridades, A., Compilation of Notes, 157].
2001-2006].
Agency to sell. A contract whereby a
Agama Arbitration Council. A body person who received goods from
composed of the Chairman and a another is obligated to return them to
representative of each of the parties to the latter if ever he is unable to sell
constitute a council to take all necessary them. [Morenos Law Dict., 2000 Ed.,
steps for resolving conflicts between pp. 18-19].
them. [Art. 7, PD 1083 (Code of Muslim
Personal Laws of the Philippines)]. Agent. 1. A person who, by the contract
of agency, binds himself to render some
Agency. 1. Civ. Law. A relationship service or to do something in
between two parties whereby one party, representation or on behalf of another,
called the principal, authorizes another, with the consent or authority of the
called the agent, to act for and in his latter. [Art. 1868, CC]. 2. A person who
behalf on transactions with third has received the power to act on behalf
persons. [Rallos v. Chan, GR L-24332. of another, binding that other person as
Jan. 31, 1978]. 2. Civ. Serv. Law. Any if he were himself making the decisions.
bureau, office, commission, The person who is being represented by
administration, board, committee, the agent is referred to as the principal.
institute, corporation, whether [Duhaime's Legal Dict., 2004]. See also
performing governmental or proprietary Representative.
function, or any other unit of the
National Government, as well as Agente administrador. Sp. Managing
provincial, city or municipal government. agent. [Morenos Law Dict., 2000 Ed., p.
[Sec. 3, PD 807]. 19].
Agency contract. A contract whereby a Agente de negocios. Sp. See Business

person binds himself to render some agent.
service or to do something in
representation or on behalf of another, Agent of a person in authority. A
with the consent or authority of the person who, by direct provision of law
latter. [Art. 1868, CC]. or by election or by appointment by
competent authority, is charged with the
Agency coupled with an interest. (a) maintenance of public order and the
An agency created not only for the protection and security of life and
interest of the principal but also for the property, such as a barrio councilman,
interest of a third person; or (b) one barrio policeman and barangay leader
created for the mutual interest of both and any person who comes to the aid of
the principal and the agent. [Diaz, Bus. persons in authority. [Art. 152, RPC, as
Law Rev., 1991 Ed., p. 171]. amended by PD 299 and BP 873].
Agency of the government. Any of the Age of gestation. The length of time the
various units of the Government, fetus is inside the mother's womb. [Sec.
including a department, bureau, office, 3, RA 7600].
instrumentality, or government-owned
or controlled corporation, or a local Age of majority. It commences at the
government or a distinct unit therein. age of eighteen years. [Art. 234, FC, as
[Sec. 2, Admin. Code of 1987]. amended by RA 6809]. Also, Majority.
Agency shop. Labor. An agreement Aggravated illegal possession of

under which employees who do not join firearm. The use of unlicensed firearm
the union must pay dues as a condition in the commission of homicide or

24
murder which aggravates the crime and sharing, labor administration, and the
makes it more heavily punished with the distribution of shares of stock, which will
capital punishment. [People v. Caling, allow beneficiaries to receive a just
GR 94784. May 8, 1992]. Compare with share of the fruits of the lands they
Simple illegal possession of work. [Sec. 3, RA 6657].
firearm.
Agrarian reform community (ARC). A
Aggravating circumstances. Those barangay at the minimum or a cluster of
circumstances that serve to increase the contiguous barangays where there is a
penalty without exceeding the maximum critical mass of farmers or farm workers
provided by law because of the greater and which features the main thrust of
perversity of the offender as shown by agrarian development: land tenure
the motivating power of the commission improvement and effective delivery of
of the crime, the time and place of its support services. [Sec. 4, RA 8435].
commission, the means employed or the
personal circumstances of the offender. Agrarian reform credit. Production or
[Gregorio, Fund. of Crim. Law Rev., other types of loans used for the
1997 9th Ed., p. 52]. Compare with acquisition of work animals, farm
Mitigating circumstances. equipment and machinery, seeds,
fertilizers, poultry and livestock feeds
Aggregator. A person or entity, engaged and other similar items; acquisition of
in consolidating electric power demand lands authorized under the
of end-users in the contestable market, Comprehensive Agrarian Reform Law
for the purpose of purchasing and (CARL); construction or acquisition of
reselling electricity on a group basis. facilities for the production and effective
[Sec. 4, RA 9136]. merchandising of agricultural
commodities. [Sec. 4, RA 7607].
Aggression. Intl. Law. The use of armed
force by a state against the sovereignty, A gratis argumentis. Lat. For the sake
territorial integrity or political of argument. [Claridades, A.,
independence of another state or in any Compilation of Notes, 2001-2006].
other manner inconsistent with the UN
Charter. [Cruz, Intl. Law Reviewer, 1996 Agreation. Intl. Law. The practice now
Ed., p. 50, citing Resolution of the UN observed by most states by means of
Gen. Assembly, Dec. 14, 1974]. which inquiries are addressed to the
receiving state regarding a proposed
Agrarian dispute. Any controversy diplomatic representative of the sending
relating to tenurial arrangements, state. It is only when the receiving state
whether leasehold, tenancy, manifests its agrement or consent that
stewardship or otherwise, over lands the diplomatic representative is
devoted to agriculture, including appointed and formally accredited.
disputes concerning farmworkers' [Cruz, Intl. Law Reviewer, 1996 Ed., p.
associations or representation of 83].
persons in negotiating, fixing,
maintaining, changing, or seeking to Agreement. 1. A coming together of
arrange terms or conditions of such minds; the coming together in accord of
tenurial arrangements. [Sec. 3, RA two minds on a given proposition.
6657]. [Mindanao Terminal & Brokerage
Services v. Confesor, GR 111809. May 5,
Agrarian reform. Redistribution of land, 1997, citing Black's Law Dict. 62 (5th
regardless of crops or fruits produced, Ed., 1979)]. 2. Mutual consent. [Jurists
to farmers and regular farmworkers who Legal Dict., 2004].
are landless, irrespective of tenurial
arrangement, to include the totality of Agreement, arrangement or accord.
factors and support services designed to Intl. Law. The terms are used
lift the economic status of the interchangeably and refer to an
beneficiaries and all other arrangements instrument of a more limited subject
alternative to the physical redistribution and of lesser importance than a formal
of lands, such as production or profit- treaty or convention. [Coquia and

25
Santiago, Intl. Law, 3rd Ed. (1998), p. harvesting of such farm products, and
492]. other farm activities and practices
performed in conjunction with such
Agri-business activity. Any business farming operations by persons whether
activity involving the manufacturing, natural or juridical and not classified by
processing, and/or production of law as mineral land, forest land,
agricultural produce, excluding farm residential land, commercial land, or
level agricultural/crop production. [Sec. industrial land. [Sec. 4, RA 8435]. 2.
4, RA 6977, as amended]. Lands which are arable and suitable
agricultural lands and do not include
Agricultural activity. Also Agricultural commercial, industrial and residential
enterprise. See Agriculture. lands. [Luz Farms v. Sec. of the DAR,
GR 86889, 4 Dec. 1990, 192 SCRA 51,
Agricultural engineer. A natural person citing Record, CONCOM, 7 Aug. 1986,
who has been issued a certificate of Vol. III, p. 30].
registration by the Board of Agricultural
Engineering and has taken the oath of Agricultural land use conversion. The
profession of agricultural engineers. process of changing the use of
[Sec. 3, RA 8559]. agricultural land to non-agricultural
uses. [Sec. 4, RA 8435].
Agricultural engineering, practice of.
The profession requiring the application Agricultural lease relationship. See
of the fundamental and known Share tenancy relationship.
principles of engineering to the peculiar
condition and requirements of Agricultural lessee. A person who, by
agriculture as an industry and as a field himself and with the aid available from
of science. [Sec. 3, RA 8559]. within his immediate farm household,
cultivates the land belonging to, or
Agricultural enterprise. Also possessed by, another with the latter's
Agricultural activity. See consent for purposes of production, for
Agriculture. a price certain in money or in produce
or both. It is distinguished from civil
Agricultural land. 1. Land devoted to lessee as understood in the Civil Code of
agricultural activity and not classified as the Philippines. [Sec. 166, RA 3844].
mineral, forest, residential, commercial
or industrial land. [Sec. 3 (c), RA 6657]. Agricultural lessor. A person, natural or
2. Land devoted principally to the juridical, who, either as owner, civil law
raising of crops such as rice, corn, sugar lessee, usufructuary, or legal possessor,
cane, tobacco, coconut, etc., or to lets or grants to another the cultivation
pasturing, dairying, inland fishery, salt and use of his land for a price certain.
making, and other agricultural uses, [Sec. 166, RA 3844].
including timberlands and forest lands.
[Sec. 3, PD 464]. Agricultural mechanization. The
development, adoption, manufacture
Agricultural land, premature and application of appropriate location-
conversion of. The undertaking of any specific, and cost-effective agricultural
development activity, the results of technology using human, animal,
which modify or alter the physical mechanical, electrical and other non-
characteristics of the agricultural lands conventional sources of energy for
to render them suitable for non- agricultural production and post-harvest
agricultural purposes, without an operations consistent with agronomic
approved order of conversion from the conditions and for efficient and
DAR. [Sec. 4, RA 8435]. economic farm management. [Sec. 4,
RA 8435].
Agricultural lands. 1. Lands devoted to
or suitable for the cultivation of the soil, Agricultural owner-cultivator. Any
planting of crops, growing of trees, person who, providing capital and
raising of livestock, poultry, fish or management, personally cultivates his
aquaculture production, including the own land with the aid of his immediate

26
family and household. [Sec. 166, RA Agricultural year. 1. The period of time
3844]. required for raising a particular
agricultural product, including the
Agricultural product. 1. A specific preparation of the land, sowing, planting
commodity under Chapter 1 to 24 of the and harvesting of crops and, whenever
Harmonized System (HS) of the applicable, threshing of said crops:
Commodity Classification as used in the Provided, however, That in case of
Tariff and Customs Code of the crops yielding more than one harvest
Philippines. [Sec. 4, RA 8800]. 2. The from planting, agricultural year shall be
yield of the soil, such as corn, rice, the period from the preparation of the
wheat, rye, hay. coconuts, sugarcane, land to the first harvest and thereafter
tobacco, root crops, vegetables, fruits, from harvest to harvest. In both cases,
flowers, and their by-products; ordinary the period may be shorter or longer
salt; all kinds of fish; poultry; and than a calendar year. [Sec. 166, RA
livestock and animal products, whether 3844]. 2. The period of time necessary
in their original form or not. [Sec. 131, for the raising of seasonal agricultural
RA 7160]. products, including the preparation of
the land, and the sowing, planting and
Agricultural production. Raising, harvesting the crop. [Sec. 5 [c], RA
growing and rearing of crops, livestock 1199].
and fisheries for food, feed and as raw
materials. [Sec. 2, PD 2032]. Agriculture. 1. Farming in all its
branches and among other things
Agricultural purpose. A purpose related includes the cultivation and tillage of
to the production, harvest, processing, soil, dairying, the production,
manufacture, distribution, storage, cultivation, growing and harvesting of
transportation, marketing, exhibition or any agricultural and horticultural
disposition of agricultural, fishery or commodities, the raising of livestock or
marine products. [Art. 4, RA 7394]. poultry, and any practices performed by
a farmer or on a farm as an incident to
Agricultural sector. The sector engaged or in conjunction with such farming
in the cultivation of the soil, planting of operations, but does not include the
crops, growing of fruit trees, raising of manufacturing or processing of sugar,
livestock, poultry, or fish, including the coconuts, abaca, tobacco, pineapples or
harvesting and marketing of such farm other farm products. [Art. 97, LC]. 2.
products, and other farm activities and The art or science of cultivating the
practices. [Sec. 4, RA 8435]. ground and raising and harvesting
crops, often, including also, feeding,
Agricultural tenancy. The physical breeding and management of livestock,
possession by a person of land devoted tillage, husbandry, farming. [Webster's
to agriculture belonging to, or legally Intl. Dict., 2nd Ed. (1954)].
possessed by, another for the purpose
of production through the labor of the Agriculture. Also Agricultural
former and of the members of his enterprise or Agricultural activity.
immediate farm household, in The cultivation of the soil, planting of
consideration of which the former crops, growing of fruit trees, raising of
agrees to share the harvest with the livestock, poultry or fish, including the
latter, or to pay a price certain or harvesting of such farm products, and
ascertainable, either in produce or in other farm activities and practices
money, or in both. [Sec. 3, RA 1199]. performed by a farmer in conjunction
with such farming operations done by
Agricultural Tenancy Act of the person whether natural or juridical.
Philippines. RA 199 entitled An Act to [Sec. 3, RA 6657].
govern the relations between
landholders and tenants of agricultural Agriculture and fisheries
lands (leaseholds and share tenancy) modernization. The process of
enacted on Aug. 30, 1954. transforming the agriculture and
fisheries sectors into one that is
dynamic, technologically advanced and

27
competitive yet centered on human or receiving the property taken by such

development, guided by the sound brigands. [Art. 307, RPC].
practices of sustainability and the
principles of social justice. [Sec. 4, RA Air carrier. A person who undertakes,
8435]. whether directly or indirectly, or by a
lease or any other arrangements, to
Agriculture and Fisheries engage in air transportation or air
Modernization Act of 1997. RA 8435 commerce. [Sec. 3, RA 776].
entitled An Act prescribing urgent
related measures to modernize the Air commerce. Air transportation for pay
agriculture and fisheries sectors of the or hire, the navigation of aircraft in
country in order to enhance their furtherance of a business, or the
profitability, and prepare said sectors for navigation of aircraft from one place to
the challenges of globalization through another for operation in the conduct of
an adequate, focused and rational a business. [Sec. 3, RA 776].
delivery of necessary support services,
appropriating funds therefor and for Airconditioning equipment. Equipment
other purposes enacted on Dec. 22, for the control of temperature, humidity,
1997. purity, and environment such as room,
split and unitary package type (air-
Agro-processing activities. The cooled and water-cooled) airconditioners
processing of raw agricultural and whose prime mover may be steam,
fishery products into semi-processed or electricity, the sun and any other source
finished products which include of power, commercial and industrial
materials for the manufacture of food airconditioning systems; direct
and/or non-food products, expansion or chilled water systems;
pharmaceuticals and other industrial airconditioners for all types of vehicles,
products. [Sec. 4, RA 8435]. sealed, semi-sealed and open type
refrigerant compressor of the
Aid. To support, to help, to assist or to reciprocating rotary, screw, centrifugal,
strengthen or to act in cooperation with. or absorption type; cooling towers,
[Gatchalian v. Comelec, GR L-32560-61. airblowers, ventilators air handling units,
Oct. 22, 1970, citing Black's Law Dict., condensers, receivers, and evaporator
3rd Ed., p. 86]. coils; electric or pneumatic controls.
[Sec. 1, PD 1572].
Aid and abet. To actively, knowingly, or
intentionally assist another person in the Aircraft. Any contrivance now known or
commission or attempted commission of hereafter invented, used, or designed
a crime. [Glossary of Legal Terms (Pro- for navigation of, or flight in, the air.
Se), 2004]. [Sec. 3, RA 776].
Aide-memoire. Literally means aid to Aircraft engine. An engine used or

memory. A diplomatic correspondence intended to be used for propulsion of
consisting of a brief summary of oral aircraft and includes all parts,
representations already made. [Coquia appurtenances, and accessories thereof
and Santiago, Intl. Law, 3rd Ed. (1998), other than propellers. [Sec. 3, RA 776].
p. 492].
Aircraft piracy. See Hijacking.
Aiding and abetting a band of
brigands. Crim. Law. The felony Aircraft radio station. A radio station
committed by any person who on board any aircraft. [Sec. 3, RA 776].
knowingly and in any manner aiding,
abetting or protecting a band of Airman. Any individual who engages, as
brigands as described in the Art. 306 of the person in command or as pilot,
the Rev. Penal Code, or giving them mechanic, flight radio operator or
information of the movements of the member of the crew, in the navigation
police or other peace officers of the of aircraft while under way; and any
Government, when the latter are acting individual who is directly in charge of
in aid of the Government, or acquiring inspection, maintenance, overhauling, or

28
repair of aircraft, aircraft engine, are safe for air navigation purposes,
propellers, or appliances; and any such design and construction being
individual who serves in the capacity of consistent with accepted engineering
aircraft dispatcher or air-traffic control practice and in accordance with
operator. [Sec. 3, RA 776]. aerodynamic laws and aircraft science.
[Sec. 3, RA 776].
Air navigation facility. Any facility used
in, available for used in, or designed for Al-Amanah Islamic Investment Bank
use in, aid of air navigation, including of the Philippines, The Charter of
areas, lights, any apparatus or the. RA 6848 entitled An Act providing
equipment for disseminating weather for the 1989 charter of the Al-Amanah
information, for signaling, for radio- Islamic Investment Bank of The
directional finding, or for radio or other Philippines, authorizing its conduct of
electrical communication, and any other Islamic banking business, and repealing
structure or mechanism having a similar for this purpose Presidential Decree
purpose for guiding or controlling flight Numbered Two Hundred and Sixty-Four
in the air or the landing and take-off of as amended by Presidential Decree
aircraft. [Sec. 3, RA 776]. Numbered Five Hundred and Forty-Two
(creating the Philippine Amanah Bank)
Air pollutant. Any harmful or enacted on Jan. 26, 1990.
undesirable matter emitted in the
atmosphere, including smoke, soot, Alarms and scandals. Crim. Law. The
solid particles of any kind, undesirable felony committed by: (a) any person
gases, fumes and obnoxious odors. who within any town or public place,
[Sec. 2, PD 1181]. shall discharge any firearm, rocket,
firecracker, or other explosives
Airspace. The space above a state and calculated to cause alarm or danger; (b)
coming under its jurisdiction. [Intl. Law any person who shall instigate or take
Dict. & Direct., 2004]. an active part in any charivari or other
disorderly meeting offensive to another
Air transportation. Service or carriage or prejudicial to public tranquility; (c)
of persons, property, or mail, in whole any person who, while wandering about
or in part, by aircraft. [Sec. 3, RA 776]. at night or while engaged in any other
nocturnal amusements, shall disturb the
Airway. A path thru the navigable air public peace; or (d) any person who,
space identified by an area of specified while intoxicated or otherwise, shall
width on the surface of the earth cause any disturbance or scandal in
designated or approved by the Civil public places, provided that the
Aeronautics Administrator as suitable for circumstances of the case shall not
air commerce or air transportation. [Sec. make the provisions of Art. 153 of the
3, RA 776]. Rev. Penal Code applicable. [Art. 155,
RPC].
Air waybill. An instrument issued by an
air carrier to a shipper that serves as a Albularyo. Tag. Quack doctor. [People v.
receipt for goods and as evidence of the Abo, GR 107235. Mar. 2, 1994].
contract of carriage, but is not a
document of title for the goods. [Intl. Alcoholism. A diseased condition caused
Law Dict. & Direct., 2004]. by the excessive use of alcoholic liquors.
Continued, excessive or compulsive use
Airwolf. A kind of sky rocket shaped like of alcoholic drink. [Morenos Law Dict.,
an airplane with a propeller to rise about 2000 Ed., p. 23].
forty (40) or fifty (50) feet and provide
various kinds of light while aloft. [Sec. Aleatory contract. Civ. Law. 1. A
2, RA 7183]. contract whereby one of the parties or
both reciprocally bind themselves to
Airworthiness. The term means that an give or to do something in consideration
aircraft, its engines, propellers, and of what the other shall give or do upon
other components and accessories, are the happening of an event which is
of proper design and construction, and uncertain, or which is to occur at an

29
indeterminate time. [Art. 2010, CC]. 2. [Blacks Law Dict., Abr. 5th Ed. (1983),
A contract which, unlike a conditional p. 37].
agreement whose efficacy is dependent
on stated conditions, is at once effective Alibi. 1. The plea of having been
upon its perfection although the elsewhere than at the scene of the
occurrence of a condition or event may crime at the time of the commission of
later dictate the demandability of certain the felony. [People v. Bracamonte, GR
obligations thereunder. [Tibay v. CA, GR 95939, June 17, 1996]. 2. A defense
119655. May 24, 1996]. that places the defendant at the
relevant time of the crime in a different
Alevosia. Crim. Law. Treachery. It exists place than the scene involved and so
when the culprit commits the crime by removed therefrom as to render it
employing means, methods, or forms in impossible for him to be the guilty party.
the execution thereof which tend to [People v. Acob, 246 SCRA 715, 723
directly and specially insure it without (1995), citing Black's Law Dict., 6th Ed.,
risk to the person of the criminal, arising p. 71].
from any defense the injured party
might make. [Art. 10, RPC]. Alibi. Requisites: To establish it, the
accused must show (a) that he was at
Alfonso doctrine. The doctrine some other place for such a period of
enunciated in the leading case of time (b) that it was impossible for him
Alfonso v. Pasay [106 Phil. 1017 (1960)] to have been at the place where the
that to determine due compensation for crime was committed at the time of its
lands appropriated by the Government, commission. [US v. Oxiles, 20 Phil. 587;
the basis should be the price or value at People v. Palomos, 49 Phil. 601; People
the time it was taken from the owner v. Resabal, 50 Phil. 780].
and appropriated by the Government.
[Napocor v. CA, GR L-56378. June 22, Alien. A foreign-born person who has not
1984]. qualified as a citizen of the country.
Alias. Term used to indicate another 2004].
name by which a person is known. Short
for alias dictus; also known as (a.k.a.). Alienable and disposable lands. Lands
[Blacks Law Dict., Abr. 5th Ed. (1983), of the public domain which have been
p. 36]. the subject of the present system of
classification and declared as not
Alias subpoena. Rem. Law. One issued needed for forest purposes. [Sec. 4, RA
after the first has been returned without 7900; Sec. 3, PD 705].
having accomplished its purpose.
[Blacks Law Dict., Abr. 5th Ed. (1983), Alienate. To sell or give completely and
p. 37]. without reserve; to transfer title to
somebody else. A voluntary conveyance
Alias summons. Rem. Law. Other of property, especially real property.
summons issued the clerk, on demand [Duhaime's Legal Dict., 2004].
of the plaintiff, as the case may require,
in the same form as the original Alienation. The transfer of the property
summons, in case the latter is returned and possession of lands, tenements, or
without being served on any or all of the other things from one person to
defendants, or if it has been lost. [Sec. another. The act by which the title to
4, Rule 14, RoC]. real estate is voluntarily assigned by one
person to another and accepted by the
Alias writ. Rem. Law. A second or latter, in the form prescribed by law.
further writ. [Blacks Law Dict., Abr. 5th [Roxas v. CA, GR 92245. June 26, 1991,
Ed. (1983), p. 37]. citing Cf. In re Enrhardt, U.S.D.C., 19F.
2d 406, 407].
Alias writ of execution. Rem. Law. One
issued after the first has been returned Alienist. One who treats the diseases of
without accomplishing its purpose. the mind, a physician who specializes in
psychiatry. [People v. Medina, GR

30
113691. Feb. 6, 1998., citing Webster's

3rd New Intl. Dict.]. Alliance. A military treaty between two
or more states, providing for a mutually-
Alien Social Integration Act of 1995, planned offensive, or for assistance in
The. RA 7919 entitled An Act granting the case of attack on any member.
legal residence status to certain aliens [Duhaime's Legal Dict., 2004].
through a social integration program in
the Philippines under certain conditions Allocation. The act of assigning a
enacted on Feb. 24, 1995. position to its proper class and salary
grade. [Sec. 3, PD 985].
Alimony. An amount given by one
spouse to another while they are Allonge. A piece of paper which has been
separated. Historically, the word attached to a contract, a check or any
referred to monies paid while spouses promissory note, on which to add
were legally separated but still wed signatures because there is not enough
locked. [Duhaime's Legal Dict., 2004]. room on the main document.
[Duhaime's Legal Dict., 2004].
Alimony. An amount given to one spouse
to another while they are separated. Allotments. Authorizations issued by the
[Claridades, A., Compilation of Notes, Department of Budget and Management
2001-2006]. to an agency which allow the latter to
incur obligations within a specified
Alipin. Tag. Slave. [Claridades, A., amount, as duly authorized by a
Compilation of Notes, 2001-2006]. Legislative appropriation. [Sec. 3, EO
518].
Aliquot. Fractional. [Claridades, A.,
Compilation of Notes, 2001-2006]. Allowance. A benefit over and above the
basic salary of an employee. [Morenos
All. The whole extent or quantity of, the Law Dict., 2000 Ed., p. 25].
entire number of, every one of. [Chua v.
Cabangbang, GR L-23253. Mar. 28, Allowance for good conduct. The
1969, citing Webster's New World Dict. deductions from the period of the
of the Amer. Lang., 1959 Ed., p. 38]. sentence to which any prisoner in any
penal institution shall be entitled for
Allegans contraria non est good conduct. [Art. 97, RPC].
audiendus. Lat. contradictory
statements will not be heard or Allowance for good conduct (for each
considered. [Morenos Law Dict., 2000 month of good behavior). The term
Ed., p. 25]. refers to good behavior of a prisoner
while he is serving his term as a convict.
Allegation. A statement of the issues in [Baking v. Dir. of Prisons, GR L-30364.
a written document (a pleading) which a July 28, 1969].
person is prepared to prove in court.
[Glossary of Legal Terms (Pro-Se), Allowance of wills. Also Probate of
2004]. wills. A special proceeding for
establishing the validity of the will or for
Allegiance. The obligation of fidelity and the purpose of proving that the
obedience which individuals owe to the instrument offered for probate is the
government under which they live or to last will and testament of the testator,
their sovereign in return for the that it has been executed in accordance
protection which they receive. [People with the formalities prescribed by law,
v. Echegaray, GR 117472. Feb. 7, 1997, and that the testator had the necessary
citing 52 Am Jur 797]. testamentary capacity at the time of the
execution of the will. [Jurado,
Alley. A public way intended to serve Comments and Jurisp. on Succession,
both pedestrian and emergency 1991 8th Ed., p. 133].
vehicles, and also access to lots, both
end always connecting to streets. [Sec. Allowance of wills probated abroad.
3, BP 220]. Evidence necessary: (a) the due

31
execution of the will in accordance with instrument. [Cuenco v. Laya, GR L-

the foreign laws; (b) the testator has his 31252. Dec. 22, 1969].
domicile in the foreign country and not
in the Philippines; (c) the will has been Alteration. Civ. Law. 1. The act by virtue
admitted to probate in such country; (d) of which a co-owner, in opposition to
the fact that the foreign tribunal is a the common agreement, if there is any,
probate court, and (e) the laws of a or, in the absence thereof, to the tacit
foreign country on procedure and agreement of all the co-owners, and
allowance of wills. [Vda. De Perez v. violating their will, changes the thing
Tolete, GR 76714. June 2, 1994]. from the state in which the others
believe it should remain, or withdraws it
All risks. The term is given a broad and from the use to which they desire to be
comprehensive meaning as covering any intended. [Tolentino, Civil Code of the
loss other than a willful and fraudulent Phil., Vol. II, Repr. 2001, p. 192]. 2.
act of the insured. [Filipino Merchants Changing or making different. [Glossary
Ins. Co., Inc. v. CA, GR 85141. Nov. 28, of Legal Terms (Pro-Se), 2004].
1989].
Alteration or amendment. Rem. Law.
All risks insurance. An insurance the The act of adding, changing,
very purpose of which is to give substituting or omitting something from
protection to the insured in those cases a pleading or instrument. In plain
where difficulties of logical explanation words, a pleading or instrument may be
or some mystery surround the loss or amended either by correcting or by
damage to property. [Filipino Merchants omitting any word, phrase or sentence
Ins. Co., Inc. v. CA, GR 85141. Nov. 28, set forth therein, or by adding
1989]. something to it. In the last instance we
have the case of an amendment by
All risks policy. Insurance against all addition. [Cuenco v. Laya, GR L-31252.
causes of conceivable loss or damage, Dec. 22, 1969]. Compare with
except as otherwise excluded in the Spoliation.
policy, or due to fraud or intentional
misconduct on the part of the insured. Alter ego. Lat. Another self. An alter ego
[Claridades, A., Compilation of Notes, company is one that is not treated by its
2001-2006]. owners as a separate entity. [Intl. Law
Dict. & Direct., 2004].
Alluvion. Also Alluvium. Property. Soil
deposited to the lands adjoining the Alter ego principle. The rule that
banks of the rivers and gradually members of Cabinet may act for and in
received as an effect of the current of behalf of the President in certain
the waters. It is owned by the riparian matters because the President cannot
owners. 2. The accretion which lands be expected to exercise his control (and
adjoining the banks of rivers gradually supervisory) powers personally all the
receive from the effects of the current time. Each head of a department is, and
of the waters and which belongs to the must be, the President's alter ego in the
owners of such lands. [Art. 457, CC]. matters of that department where the
See Accretion. President is required by law to exercise
authority. [Villena v. Sec. of the Interior,
Almost. Nearly; in large part; well-nigh; 67 Phil. 451, 464 (1939)].
little short of [Phil. Amer. Drug Co. v.
CIR, GR L-15162. Apr. 18, 1962 citing Altering boundaries or landmarks.
Webster's Intl. Dict., 2nd Ed., Unabr.]. Crim. Law. The felony committed by any
person who shall alter the boundary
Also. In addition; as well; besides, too. marks or monuments of towns,
[Sarmiento III v. Mison, GR 79974. Dec. provinces, or estates, or any other
17, 1987, citing Webster's Intl. Dict., p. marks intended to designate the
62, 1981 Ed.]. boundaries of the same. [Art. 313,
RPC].
Alter. To add, change, substitute or omit
something from a pleading or

32
Alternat. Intl. Law. An arrangement and includes the appointment of a third-

under which each negotiator is allowed party to preside over a hearing between
to sign first on the copy of the treaty the parties. The advantages of ADR are
which he will bring home to his country, speed and money: it costs less and is
the purpose being to preserve the quicker than court litigation. ADR
formal appearance of equality among forums are also private. The
the contracting states and to avoid disadvantage is that it often involves
delicate questions of precedence among compromise. [Duhaime's Legal Dict.,
its signatories. [Cruz, Intl. Law 2004]. 2. Settling a dispute without a
Reviewer, 1996 Ed., p. 96]. full, formal trial. Methods include
mediation, conciliation, arbitration, and
Alternative causes of action or settlement, among others. [Glossary of
defenses. Two or more statements of a Legal Terms (Pro-Se), 2004].
claim or defense which a party may set
forth alternatively or hypothetically, Alternative dispute resolution (ADR)
either in one cause of action or defense system. Any process or procedure used
or in separate causes of action or to resolve a dispute or controversy,
defenses. When two or more statements other than by adjudication of a presiding
are made in the alternative and one of judge of a court or an officer of a
them if made independently would be government agency, as defined in RA
sufficient, the pleading is not made 9285, in which a neutral third party
insufficient by the insufficiency of one or participates to assist in the resolution of
more of the alternative statements. issues, which includes arbitration,
[Sec. 2, Rule 8, RoC]. mediation, conciliation, early neutral
evaluation, mini-trial, or any
Alternative circumstances. 1. Those combination thereof. [Sec. 3, RA 9285].
circumstances which must be taken into
consideration as aggravating or Alternative health care modalities.
mitigating according to the nature and Other forms of non-allopathic,
effects of the crime and the other occasionally non-indigenous or imported
conditions attending its commission. healing methods, though not necessarily
They are the relationship, intoxication practiced for centuries nor handed down
and the degree of instruction and from one generation to another. Some
education of the offender. [Art. 15, alternative health care modalities
RPC]. 2. Those circumstances that are include reflexology, acupuncture,
either aggravating or mitigating massage, acupressure, chiropractics,
according to the nature and effects of nutritional therapy, and other similar
the crime and other conditions attending methods. [Sec. 4, RA 8423].
its commission. [Gregorio, Fund. of
Crim. Law Rev., 1997 9th Ed., p. 52, Alternative learning system. A parallel
citing Art. 15, RPC]. learning system to provide a viable
alternative to the existing formal
Alternative defendants. Any or all of education instruction. It encompasses
several persons against whom the both the non-formal and informal
plaintiff is entitled to relief and of whom sources of knowledge and skills. [Sec. 4,
he is uncertain may be joined as RA 9155].
defendants in the alternative, although a
right to relief against one may be Alternative obligation. An obligation
inconsistent with a right of relief against wherein various prestations are due, but
the other. [Sec. 13, Rule 3, RoC]. the performance of one of them is
sufficient, determined by the choice
Alternative dispute resolution (ADR). which as a general rule belongs to the
1. The methods by which legal conflicts debtor. [Art. 1199, CC]. Compare with
and disputes are resolved privately and Facultative obligation.
other than through litigation in the
public courts, usually through one of Alterum non laedere. Lat. Not to injure
two forms: mediation or arbitration. It others. [In re: Jurado, AM 93-2-037 SC.
typically involves a process much less Apr. 6, 1995].
formal than the traditional court process

33
Alumina smelting and refining. The revoked, such as a will. [Duhaime's

production and manufacture of Legal Dict., 2004].
aluminum from ore or alumina into one
or more basic forms such as ingots, Amend. 1. To change or modify for the
billets, bars, sheets, strips, circles, better, to alter by modification, deletion,
tubes, rods, and castings, pipes, section or addition. [Tolentino v. Sec. of
and extrusions. [Sec. 2, RA 4095]. Finance, GR 115455. Aug. 25, 1994,
citing Black's Law Dict., 5th Ed., 1979].
Amalgamation. The merging of two 2. To change, to revise, usually to the
things together to form one such as the wording of a written document such as
amalgamation of different companies to legislation. [Duhaime's Legal Dict.,
form a single company. [Duhaime's 2004].
Legal Dict., 2004].
Amended and clarified judgment. A
Ambassador. A citizen that has been judgment rendered by the lower court
officially asked by his country to live in after having made a thorough study of
another country in order to legally the original judgment and only after
represent it. [Duhaime's Legal Dict., considering all the factual and legal
2004]. issues. The amended and clarified
decision is an entirely new decision
Ambient air quality. The average which supersedes the original decision.
atmospheric purity as distinguished from [Magdalena Estate, Inc. v. Caluag, 11
discharge measurements taken at the SCRA 333 (1964); Sta. Romana v.
source of pollution. It is the general Lacson, 104 SCRA 93 (1981)].
amount of pollution present in a broad
area. [Sec. 62, PD 1152]. Amended pleadings. Pleadings
amended by adding or striking out an
Ambiguity. Doubtfulness, doubleness of allegation or the name of any party, or
meaning, indistinctness or uncertainty of by correcting a mistake in the name of a
meaning of an expression used in a party or a mistaken or inadequate
written instrument. [Suarez, Stat. Con., allegation or description in any other
(1993), p. 4, citing Black Law Dict., 4th respect, so that the actual merits of the
Ed., p. 105]. controversy may speedily be
determined, without regard to
Ambulance chaser. 1. Any act of technicalities, and in the most
improper solicitation of cases such as expeditious and inexpensive manner.
fomenting litigation or instigating [Sec. 1, Rule 10, RoC].
unnecessary lawsuits. [Juan-Bautista,
Legal and Judicial Ethics, 2002 Ed., p. Amendment. Isolated or piecemeal
9]. 2. A lawyer who haunts hospitals change of the instrument. [Cruz, Constl.
and visits then homes of the afflicted, Law, 1998 Ed., p. 11]. Compare with
officiously intruding their presence and Revision.
persistently offering his service on the
basis of a contingent fee. [Pineda, Legal A mensa et thoro. Lat. From bed and
and Judicial Ethics, (1999 Ed.), p. 46-47, board. [Claridades, A., Compilation of
citing Warvelle, Legal Ethics, pp. 56-57]. Notes, 2001-2006].
Ambulance chasing. Figuratively, the Amicable settlement. A mutually

lawyers act of chasing an ambulance negotiated and agreed upon resolution
carrying the victim of an accident for the of a dispute.
purpose of talking to the said victim or
relatives and offering his legal services Amici par excellence. Bar associations
for the filing of a case against the which appear in court as friends to
person who caused the accident. expound on some matters of law for the
[Pineda, Legal and Judicial Ethics, (1999 information of the court. [Juan-Bautista,
Ed.), p. 46]. Legal and Judicial Ethics, 2002 Ed., p.
9].
Ambulatory. 1. Something which is not
cast in stone; which can be changed or

34
Amicus curiae. Lat. Friend of the court. cash or in property traded in, or in a
1. A lawyer who volunteers or is consumer loan the amount paid to,
requested by the court to appear to give receivable by or paid or payable to the
information to the judge or the court on buyer or to another person in his behalf.
some doubtful questions of law. [Juan- [Art. 4, RA 7394].
Bautista, Legal and Judicial Ethics, 2002
Ed., p. 8]. 2. Persons asking for Amount in controversy. For purposes
permission to intervene in a case in of determining jurisdiction, the amount
which they are neither plaintiff or of the contract or the value of the
defendant, usually to present their point property subject of the contract.
of view (or that of their organization) in [Morenos Law Dict., 2000 Ed., p. 27].
case which has the potential of setting a
legal precedent in their area of activity. Ampere. The base unit of electric current
[Duhaime's Legal Dict., 2004]. which is that constant current which, if
maintained in two parallel conductors of
Amnesia. Legal Med. The loss of memory infinite length, of negligible circular
of either a recent event or of past cross-section, and placed one metre
events as observed in head injuries. apart in vacuum, would produce
[Olarte, Legal Med., 1st Ed. (2004), p. between these conductors a force equal
147]. to 2 x 10-7 newton per metre of length.
[Sec. 4, BP 8].
Amnesty. 1. It commonly denotes a
general pardon to rebels for their Amphetamines. Synthetic amines which
treason or other high political offenses, act with a pronounced stimulant effect
or the forgiveness which one sovereign on the central nervous system. They are
grants to the subjects of another, who the first and last drugs which cause a
have offended by some breach the law subjective feeling of improved mood
of nations. [Llamas v. Orbos, GR 99031. true euphoria, in fact - and it is for this
Oct. 15, 1991]. 2. An act of the reason that they cause states of psychic
sovereign power granting oblivion or dependence. [People v. Angeles, GR
general pardon for the past offense, and 92850. June 15, 1992].
is rarely, if ever, exercised in behalf of a
certain class of persons, who are subject Ample opportunity. Every kind of
to trial but have not yet been convicted. assistance that management must
[Gregorio, Fund. of Crim. Law Rev., accord to the employee to enable him to
1997 9th Ed., p. 312, citing Brown v. prepare adequately for his defense.
Walker, 161 US 602]. [Ruffy v. NLRC, GR 84193. Feb. 15,
1990].
Amoebic colitis. An infectious disease
caused by endamoeba hystolytica, Amusement. A pleasurable diversion and
frequently producing a painful passage entertainment. It is synonymous to
of bloody mucoid stool. Infection is relaxation, avocation, pastime, or fun.
acquired by ingestion of food or drink [Sec. 131, RA 7160].
contaminated by feces containing
amoebic cyst. The tumor commences in Amusement places. Theaters, cinemas,
the mucous membrane and gradually concert halls, circuses and other places
invades the deeper structures. Genetic of amusement where one seeks
influence is a predisposing factor. admission to entertain oneself by seeing
Anemia is a condition in which the or viewing the show or performances.
normal amount of red blood cells is [Sec. 131, RA 7160].
reduced. It may be due to blood loss
secondary to the passing out of blood in Anadromous species. Marine fishes
the stool. [Sierra v. GSIS, GR 50954. which migrate to freshwater areas to
Feb. 8, 1989]. spawn. [Sec. 4, RA 8550].
Amount financed. In a consumer credit Analogous. Allied or similar. [Morenos

sale, it constitutes the cash price plus Law Dict., 2000 Ed., p. 28].
non-finance charges less the amount of
any downpayment whether made in

35
Ancestral domains. All areas generally circumstances of suspicion. [Claverias v.

belonging to Indigenous Cultural Quingco, GR 77744. Mar. 6, 1992].
Communities/Indigenous Peoples
(ICCs/IPs) comprising lands, inland Ancient document rule. For a private
waters, coastal areas, and natural ancient document to be exempt from
resources therein, held under a claim of proof of due execution and authenticity,
ownership, occupied or possessed by it is not enough that it be more than
ICCs/IPs, by themselves or through their thirty (30) years old; it is also necessary
ancestors, communally or individually that the following requirements are
since time immemorial, continuously to fulfilled; (a) that it is produced from a
the present except when interrupted by custody in which it would naturally be
war, force majeure or displacement by found if genuine; and (b) that it is
force, deceit, stealth or as a unblemished by any alteration or
consequence of government projects or circumstances of suspicion. [Lacsa v.
any other voluntary dealings entered CA, GR 79597-98. May 20, 1991, citing
into by government and private Francisco, Vicente J., The Revised Rules
individuals/corporations, and which are of Court in the Phil., Vol. VIII, Part II,
necessary to ensure their economic, 1973 Edition, p. 432].
social and cultural welfare. [Sec. 4, RA
8371]. Ancillary. A proceeding which is auxiliary
or subordinate to another proceeding.
Ancestral lands. 1. All lands exclusively In probate, a proceeding in a state
and actually possessed, occupied, or where a decedent owned property but
utilized by indigenous cultural was not domiciled. [Glossary of Legal
communities by themselves or through Terms (Pro-Se), 2004].
their ancestors in accordance with their
customs and traditions since time Ancillary industries. Fisheries Law.
immemorial, and as may be defined and Firms or companies related to the
delineated by law. [Sec. 3, RA 7942]. 2. supply, construction and maintenance of
Land occupied, possessed and utilized fishing vessels, gears, nets and other
by individuals, families and clans who fishing paraphernalia; fishery machine
are members of the Indigenous Cultural shops; and other facilities such as
Communities / Indigenous Peoples hatcheries, nurseries, feed plants, cold
(ICCs/IPs) since time immemorial, by storage and refrigeration, processing
themselves or through their plants and other pre-harvest and post-
predecessors-in-interest, under claims of harvest facilities. [Sec. 4, RA 8550].
individual or traditional group
ownership, continuously, to the present Ancillary jurisdiction. Power of court to
except when interrupted by war, force adjudicate and determine matters
majeure or displacement by force, incidental to the exercise of its primary
deceit, stealth, or as a consequence of jurisdiction of an action. [Black's Law
government projects and other Dict. 79 (5th Ed. 1979)].
voluntary dealings entered into by
government and private individuals / Ancillary jurisdiction doctrine. The
corporations, including, but not limited rule that in an action before the RTC,
to, residential lots, rice terraces or the counterclaim may be considered
paddies, private forests, swidden farms compulsory regardless of the amount.
and tree lots. [Sec. 4, RA 8371]. [Sec. 7, Rule 6, RoC].
Anchorage. A place with sufficient depth Ancillary services. Those services that
of water where vessels anchor or may are necessary to support the
ride at anchor or may ride at anchor transmission of capacity and energy
within the harbor. [Sec. 3, PD 857]. from resources to loads while
maintaining reliable operation of the
Ancient document. A private document transmission system in accordance with
which is more than thirty (30) years old, good utility practice and the grid code to
produced from a custody in which it be adopted in accordance with RA 9136.
would naturally be found if genuine, and [Sec. 4, RA 9136].
is unblemished by alterations or

36
And. A conjunction pertinently defined as Animus novandi. Lat. Intention to

meaning "together with," "joined with;" novate. [Tui Siuco v. Habana, GR
"along or together with," "added to or 21106; 45 Phil. 707; La Tondea v. Alto
linked to," used to conjoin word with Surety, 101 Phil. 879, GR L-10132].
word, phrase with phrase, clause with
clause. [Phil. Const. Assoc. v. Mathay, Animus occupandi. Lat. Intention to
GR L-25554. Oct. 4, 1966]. take possession of or seize. Legal rule
that in order for a state to claim title to
Anemia. A condition in which the normal a territory, the state must intend to
amount of red blood cells is reduced. exercise sovereign powers therein. [Intl.
[Sierra v. GSIS, GR 50954. Feb. 8, Law Dict. & Direct., 2004].
1989].
Animus possidendi. Lat. An intent to
Angary, right of. Intl. Law. A right by possess. [Veroy v. Layague, GR 95630.
which a belligerent may, upon payment June 18, 1992].
of just compensation, seize, use or
destroy, in case of urgent necessity for Animus rem sibi habiendi. Lat. Intent
purposes of offense or defense, neutral to appropriate the thing as ones own.
property found in its territory, in enemy [Tolentino, Civil Code of the Phil., Vol.
territory, or on the high seas. [Cruz, II, Repr. 2001, p. 465].
Intl. Law Reviewer, 1996 Ed., p. 157].
Animus revocandi. Lat. Intent to
Animus contrahendi. Lat. An intention revoke. [Maloto v. CA, GR 76464. Feb.
to contract. [Claridades, A., Compilation 29, 1988].
of Notes, 2001-2006].
Annex. To attach, and often, specifically,
Animus donandi. Lat. Intent to do an to subjoin. To add to; to unite. [Blacks
act of liberality. [Tayoto v. Heirs of Law Dict., Abr. 5th Ed. (1983), p. 45].
Cabalo Kusop, GR 74203. Apr. 17, 1990,
citing Tolentino, Civil Code of the Phil., Annotations. Remarks, notes, case
Vol. II, 1987 Ed., p. 496]. summaries, or commentaries following
statutes which describe interpretations
Animus furandi. Lat. Intent to gain. of the statute. [Glossary of Legal Terms
[People v. Alfeche, GR 102070. July 23, (Pro-Se), 2004].
1992].
Annual allowable cut. The volume of
Animus hominis est anima scripti. materials, whether of wood or other
Lat. The intention of the party is the forest products, that is authorized to be
soul of the instrument. [Kilosbayan v. cut regularly from the forest. [Sec. 3, PD
Guingona, GR 113375. May 5, 1994]. 705].
Animus interficendi. Lat. Intent to kill. Annual budget. A financial plan

[People v. Quijada, GR 115008-09. July embodying the estimates of income
24, 1996]. certified as reasonably collectible by the
provincial treasurer in the case of
Animus lucrandi. Lat. Intent to gain. provinces and their respective
[People v. Gavina, GR 118076. Nov. 20, municipalities and by the city treasurer
1996]. in the case of cities, and appropriations
covering the proposed expenditures for
Animus manendi. Lat. Intention to the ensuing fiscal year. [Sec. 14, PD
remain there. [Romualdez v. RTC 477].
Tacloban, 226 SCRA 408, 415].
Annual income. Revenues and receipts
Animus non revertendi. Lat. 1. An realized by provinces, cities and
intention not to return. 2. An intention municipalities from regular sources of
to abandon the old domicile. the local general and infrastructure
[Romualdez v. RTC Tacloban, 226 SCRA funds including the internal revenue and
408, 415]. specific tax allotments provided for in
PDs 144 and 436, both as amended, but

37
exclusive of non-recurring receipts, such retroactively and for the future.

as other national aids, grants, financial [Duhaime's Legal Dict., 2004].
assistance, loan proceeds, sales of fixed
assets, and similar others. [Sec. 4, EO Annulment of a contract, action for
249, July 25, 1987]. the. An action which may be instituted
by all who are thereby obliged
Annual procurement plan. The principally or subsidiarily under the
itemized list prepared by the head of the contract. However, persons who are
department or office showing the kind, capable cannot allege the incapacity of
estimated quantity, estimated cost, those with whom they contracted; nor
description of supplies or property can those who exerted intimidation,
together with the balance on hand, if violence, or undue influence, or
any, required by the department or employed fraud, or caused mistake base
office for the ensuing fiscal year. [Sec. their action upon these flaws of the
4, Rules and Regulations on Supply and contract. [Art. 1397, CC].
Property Management].
Annulment of judgment. Grounds: (a)
Annual procurement program. The that the judgment is void for want of
itemized list prepared by the local chief jurisdiction or lack of due process of
executive showing the kind, estimated law, or (b) that it has been obtained by
quantity, estimated cost, description of fraud. [Santos v. CA, GR 59771. July 21,
supplies together with the balance on 1993].
hand, if any, required by the local
government for the ensuing fiscal year. Anonymous testing. An HIV testing
The annual procurement program shall procedure whereby the individual being
essentially be based on the annual tested does not reveal his/her true
procurement plan. [Sec. 4, Rules and identity. An identifying number or
Regulations on Supply and Property symbol is used to substitute for the
Management]. name and allows the laboratory
conducting the test and the person on
Annuity. An amount payable yearly or at whom the test is conducted to match
other regular intervals (e.g., quarterly) the test results with the identifying
for a certain or uncertain period (as for number or symbol. [Sec. 3, RA 8504].
years or for life, as in the case of an
endowment fund). The term may refer Anorexia nervosa. Legal Med. A
to the right to receive such annuities, or disorder characterized by a distorted
to the agreement or contract whereby in body image, an extreme fear of obesity,
return for capital consisting of money or refusal to maintain a minimally normal
other property given by the annuitant body weight, and in women, the
(one entitled to receive the benefits), absence of menstrual periods. [Olarte,
the recipient binds himself to pay the Legal Med., 1st Ed. (2004), p. 139].
stipulated annuity. [De Leon, Compare with Bulimia nervosa.
Fundamentals of Taxation, 2000 Ed., p.
97]. Anovulatory. The first menstrual period
of a girl characterized by the absence of
Annul. To reduce to nothing; to ovulation. [Moreno's Phil. Law Dict., 3rd
annihilate; obliterate; blot out; to make Ed., p. 29].
void or of no effect; to nullify; to
abolish. [Nuguid v. Nuguid, GR L-23445. Answer. 1. A pleading in which a
June 23, 1966, citing Madden v. defendant or other adverse party sets
Madden, 40 A.2d 611, 614, 136 N.J. Eq. forth the negative and affirmative
132]. defenses upon which he relies. [Sec. 4,
Rule 6, RoC]. 2. A formal, written
Annullable contract. See Voidable statement by the defendant in a lawsuit
contract. which answers each allegation
contained in the complaint. [Glossary of
Annulment. Making void; Canceling an Legal Terms (Pro-Se), 2004].
event or judicial proceeding both

38
Answers to interrogatories. A formal

written statement by a party to a Antichresis contract. A contract
lawsuit which answers each question or whereby the creditor acquires the right
interrogatory propounded by the other to receive the fruits of an immovable of
party. These answers must be his debtor, with the obligation to apply
acknowledged before a notary public or them to the payment of the interest, if
other person authorized to take owing, and thereafter to the principal of
acknowledgments. [Glossary of Legal his credit. [Art. 2132, CC].
Terms (Pro-Se), 2004].
Anticipation of duties of a public
Antecedent intelligence. Otherwise office. The assumption by any person
known as the Doctrine of last clear of the performance of the duties and
chance. powers of any public officer or
employment without first being sworn in
Antedate. To date back; retroactively. To or having given the bond required by
date a document to a time before it was law. [Art. 236, RPC].
written. To date back; retroactively. To
date a document to a time before it was Anticipatory breach doctrine. The rule
written. [Duhaime's Legal Dict., 2004]. that where the covenant or contract is
entire, and the breach total, there can
Antedated instrument. A negotiable be only action, and the plaintiff must
instrument where the date appearing therein recover all his damages.
thereon is earlier than the true date of [Blossom & Co. v. Manila Gas, GR
its issuance. [Claridades, A., Compilation 32958. Nov. 8, 1930, citing 34 CJ, p.
of Notes, 2001-2006]. Compare with 839].
Postdated instrument.
Anti-Deadly Arrow Law. RA 3553
Ante litem motam. Lat. Before the entitled An Act to prohibit the
controversy. [Sec. 39, Rule 130, RoC]. possession of deadly arrow enacted on
June 21, 1963.
Ante mortem statement. See Dying
declaration. Anti-Dummy Law. CA 108, as amended
by PD 715, entitled An Act to punish
Ante nuptial. An event or document acts of evasion of the laws on the
which pre-dates a marriage. For nationalization of certain rights,
example, an ante-nuptial agreement is franchises or privileges enacted on Oct.
one which is signed before marriage. An 30, 1936.
ante-nuptial gift is a gift given by one
spouse to the other before marriage. Anti-Electricity and Electric
[Duhaime's Legal Dict., 2004]. Transmission Lines/ Materials
Pilferage Act of 1994. RA 7832
Anthropological area. Any place where entitled An Act penalizing the pilferage
studies of specific cultural groups are of electricity and theft of electric power
being or should be undertaken in the transmission lines/ materials,
field of anthropology. Anthropology in rationalizing system losses by phasing
this case is descriptive, interpretative out pilferage losses as a component
and comparative study of all aspects of thereof, and for other purposes
various cultural linguistic groups enacted on Dec. 8, 1994.
including the collection and analysis of
their particular material culture. [Sec. 3, Anti-Fencing Law of 1979. PD 1612
RA 4846]. entitled Anti-Fencing Law signed into
law on Mar. 2, 1979.
Anti-Carnapping Act of 1972. RA 6539
entitled An Act preventing and Anti-graft and corrupt practices.
penalizing carnapping enacted on Aug. Elements: (a) The accused is a public
26, 1972. officer discharging administrative or
official functions or private persons
Anti-Cattle Rustling Law of 1974. PD charged in conspiracy with them; (b)
533 signed into law on Aug. 8, 1974. the public officer committed the

39
prohibited act during the performance of Anti-Squatting Law Repeal Act of

his official duty or in relation to his 1997. RA 8368 entitled An Act
public position; (c) the public officer repealing Presidential Decree No. 772,
acted with manifest partiality, evident entitled 'penalizing squatting and other
bad faith or gross, inexcusable similar acts enacted on Oct. 27, 1997.
negligence; and (d) his action caused
undue injury to the Government or any Anti-Violence Against Women and
private party, or gave any party any Their Children Act of 2004. RA 9262
unwarranted benefit, advantage or entitled An Act defining violence
preference to such parties. [Quibal v. against women and their children,
Sandiganbayan, GR 109991. May 22, providing for protective measures for
1995]. victims, prescribing penalties therefore,
and for other purposes enacted on
Anti-Graft and Corrupt Practices Act. March 8, 2004.
RA 3019 enacted on Aug. 17, 1960.
Anti-Wire Tapping Act. RA 4200
Anti-Hazing Law. RA 8049 entitled An entitled An Act to prohibit and penalize
Act regulating hazing and other forms of wire tapping and other related violations
initiation rites in fraternities, sororities, of the privacy of communication, and for
and organizations and providing other purposes enacted on June 19,
penalties therefor enacted on June 7, 1965.
1995.
Anxiety neurosis. A progressive
Anti-Hijacking Law. RA 6235 entitled disintegration of personal instability
An Act prohibiting certain acts inimical arising in the course of the intercurrent
to civil aviation, and for other purposes illness. [Galanida v. ECC, GR L-70660.
enacted on June 19, 1971. Sep. 24, 1987].
Anti-Piracy and Anti-Highway Aparador. Sp. 1. Locker. [People v.

Robbery Law of 1974. PD 532 signed Repuela, GR 85178. Mar. 15, 1990]. 2.
into law on Aug. 8, 1974. Cabinet. [People v. Nopia, GR L-36297-
99. Apr. 26, 1982]. 3. Wardrobe.
Anti-Plunder Act. RA 7080 entitled An [People v. Castillo, GR L-11793. May 19,
Act defining and penalizing the crime of 1961].
plunder enacted on July 12, 1991.
Apparent. Appearance to unaided senses
Antiques. Cultural properties found that is not or may not be borne out by
locally which are one hundred years or more rigorous examination or greater
more in age or even less, but their knowledge. [Bank of America, NT & SA
production having ceased, they have, v. CA, GR 105395. Dec. 10, 1993, citing
therefore, become or are becoming Webster's 9th New Collegiate Dict.].
rare. [Sec. 3, RA 4846].
Apparent authority. That which, though
Anti-Rape Law of 1997, The. RA 8353 not actually granted, the principal
entitled An Act expanding the definition knowingly permits the agent to exercise,
of the crime of rape, reclassifying the or which he holds out as possessing.
same as a crime against persons, [Morenos Law Dict., 2000 Ed., p. 31].
amending for the purpose Act No. 3815,
as amended, otherwise known as the Apartment house. A building containing
Rev. Penal Code and for other purposes a number of separate residential suites.
enacted on Sep. 30, 1997. [Sec. 63, PD 856].
Anti-Sexual Harassment Act of 1995. Apathy. Legal Med. Serious disregard of

RA 7877 entitled An Act declaring the surroundings. [Olarte, Legal Med.,
sexual harassment unlawful in the 1st Ed. (2004), p. 150].
employment, education or training
environment, and for other purposes Apoderamiento. Sp. Unlawful taking.
enacted on Feb. 14, 1995. [People v. Puno, GR 97471. Feb. 17,
1993].

40
Appearance. 1. Voluntary submission to

Apparent authority doctrine. See a court's jurisdiction. [Villegas v.
Ostensible authority doctrine. Legaspi, GR 53869. Mar. 25, 1982,
citing Pacilio v. Scarpati, 300 N.Y.S. 473,
Apparent easements. Those easements 478]. 2. The act of showing up in court
which are made known and are as either plaintiff, defendant, accused or
continually kept in view by external any other party to a civil or criminal suit.
signs that reveal the use and enjoyment Appearances are most often made by
of the same. [Art. 615, CC]. lawyers on their clients behalf and any
appearance by a lawyer binds the client.
Appeal. 1. Rem. Law. An essential part of [Duhaime's Legal Dict., 2004].
judicial system (the purpose of which) is
to bring up for review a final judgment Appearance as counsel. A voluntary
of the lower court. [Aguilar v. CA, GR submission to a court's jurisdiction by a
11482. Nov. 28, 1995]. 2. A proceeding legal advocate or advising lawyer
brought to a higher court to review a professionally engaged to represent and
lower court decision. [Glossary of Legal plead the cause of another. [Haverty
Terms (Pro-Se), 2004]. 3. Labor. 1. The Furniture Co. v. Fausta, 124 S.N. 2d
elevation by an aggrieved party of any 694, 697].
decision, order or award of a lower body
to a higher body, by means of a Appellant. The party appealing a
pleading which includes the assignment decision or judgment (before an
of errors, memorandum of arguments in appellate court). [Jurists Legal Dict.,
support thereof, and the reliefs prayed 2004].
for. [Sec. 1, Rule 1, Book 5, IRR of LC].
Appellate court. A court having
Appealable interest. (That which) a jurisdiction to hear appeals and review a
party has only when his property may trial court's procedure. [Glossary of
be diminished, his burdens increased or Legal Terms (Pro-Se), 2004].
his rights prejudiced by the order sought
to be reviewed. [Ruiz v. CA, GR 101566. Appellate jurisdiction. The authority of
Aug. 17, 1992]. a Court higher in rank to reexamine the
final order or judgment of a lower Court
Appeal bond. A guaranty by the which tried the case now elevated for
appealing party insuring that court costs judicial review. [Garcia v. De Jesus, GR
will be paid. [Glossary of Legal Terms 88158. Mar. 4, 1992, citing Rem. Law
(Pro-Se), 2004]. Compendium, Regalado, 5th Rev. Ed.,
Vol. 1, p. 3]. Compare with Original
Appeal by certiorari. A mode of appeal jurisdiction.
upon questions of law from the
judgment of the Regional Trial Court or Appellee. The party against whom an
the Court of Appeals and is brought appeal is taken. [Glossary of Legal
before the Supreme Court under Rule Terms (Pro-Se), 2004].
45 of the Rules of Court by a Petition
for review on certiorari. [Morenos Appendix. Supplementary materials
Law Dict., 2000 Ed., p. 32]. Compare added to the end of a document.
with Special civil action for [Glossary of Legal Terms (Pro-Se),
certiorari. 2004].
Appeal, perfection of an. The filing Application of payment. It takes place

within the prescribed period, of the where a debtor has various debts of the
memorandum of appeal containing, same kind in favor of one and the same
among others, the assignment of creditor and the debtors payment is not
error/s, the argument in support sufficient to pay all the debts due, so
thereof, the reliefs sought and posting the debtor has the first choice to
of the appeal bond. [Sec. 1, Rule 1, indicate which particular debt is to be
Book 5, IRR of LC]. paid. [Diaz, Bus. Law Rev., 1991 Ed., p.
42, citing Art. 1252, CC].

41
Appoint. To allot, set apart, or designate; trust. 2. The selection or designation of

nominate or authoritatively assign as for a person, by the person or persons
a use, or to a position or office. having authority therefor, to fill an office
[Borromeo v. Marciano, GR 16808. Jan. or public function and discharge the
3, 1921, citing Century Dict. and duties of the same. [Flores v. Drilon, GR
Encyc.]. 104732. June 22, 1993, citing Black's
Law Dict., 4th Ed., p. 128]. 3. The
Appointing authority. The person selection, by the authority vested with
empowered to appoint the members of the power, of an individual who is to
the board of Directors of a local water exercise the functions of a given office.
district, depending upon the geographic [Flores v. Drilon, GR 104732. June 22,
coverage and population make-up of the 1993, citing Cruz, Phil. Pol. Law, 1987
particular district. In the event that ed., p. 180]. Compare with
more than seventy-five percent of the Designation.
total active water service connections of
a local water district are within the Apportionment. The division and
boundary of any city or municipality, the distribution of something into
appointing authority shall be the mayor proportionate parts; to each according
of that city or municipality, as the case to his share. [Duhaime's Legal Dict.,
may be; otherwise, the appointing 2004].
authority shall be the governor of the
province within which the district is Appraisal. The act or process of
located. If portions of more than one determining the value of a property as
province are included within the of a specific date for a specific purpose.
boundary of the district, and the [Sec. 3, PD 464].
appointing authority is to be the
governors then the power to appoint Appraisal increase. This is computed by
shall rotate between the governors deducting historical cost from appraised
involved with the initial appointments values. [RCPI v. Natl. Wages Council,
made by the governor in whose GR 93044. Mar. 26, 1992].
province the greatest number of service
connections exists. [Sec. 3, PD 198]. Appraisal right. Corp. Law. 1. The right
of a stockholder of a corporation to
Appointing officer. The person or body dissent and demand payment of the fair
authorized by law to make value of his shares. [Sec. 81, Corp.
appointments in the Philippine Civil Code]. 2. The right of a dissenting
Service. [Sec. 3, PD 807]. shareholder to require the company to
purchase his shares at their fair market
Appointing power of the President. value. [Intl. Law Dict. & Direct., 2004].
The power of the President to nominate
and, with the consent of the Appraisal value. Also termed as
Commission on Appointments, appoint Replacement cost or Reproduction
the heads of the executive department, cost. The revalued amount of property,
ambassadors, other public ministers and plant and equipment determined by
consuls, or officers of the armed forces recognized specialists. [RCPI v. Natl.
from the rank of colonel or naval Wages Council, GR 93044. Mar. 26,
captain, and other officers whose 1992].
appointments are vested in him in this
Constitution, and also to appoint all Appraised value. 1. The estimated value
other officers of the Government whose of disposable property after inspection
appointments are not otherwise taking into account its condition,
provided for by law, and those whom he usability and other factors. [Sec. 4,
may be authorized by law to appoint. Rules and Regulations on Supply and
[Sec. 16, Art. VII, 1987 Const.]. Property Management]. 2. The
quantification of the present financial
Appointment. Admin. Law. 1. The values of the property, to determine the
designation of a person, by the person fair and said value of the property vis--
or persons having authority therefor, to vis the general property area in which it
discharge the duties of some office or is located, and relative vales thereof.

42
[Memo. from the Exec. Sec. dated Aug. Appropriate adversary proceeding.
20, 1998]. One having opposing parties; contested,
as distinguished from an ex parte
Apprentice. Labor. 1. A worker who is application, one of which the party
covered by a written apprenticeship seeking relief has given legal warning to
agreement with an individual employer the other party, and afforded the latter
or any of the entities recognized under an opportunity to contest it. It excludes
the Labor Code. [Art. 58, LC]. 2. A an adoption proceeding. [Rep. v. CFI of
person bound in the form of law to a Camarines, GR L-36773. May 31, 1988,
master, to learn from him his art, trade, citing Platt v. Magagnini, 187 p. 716,
or business, and to serve him during the 718, 110 Was. 39].
time of his apprenticeship. [Wallem
Maritime Services v. NLRC, GR 108433. Appropriate fishing technology.
Oct. 15, 1996, citing Bouviers Law Dict., Adaptable technology, both in fishing
3rd Rev., Vol. I, p. 217]. and ancillary industries, that is
ecologically sound, locally source-based
Apprenticeable occupation. Labor. Any and labor intensive. [Sec. 4, RA 8550].
trade, form of employment or
occupation which requires more than Appropriation. The legislative
three months of practical training on the authorization prescribed by the
job supplemented by related theoretical Constitution that money may be paid
instruction. [Art. 58, LC]. out of the Treasury. [Gonzales v.
Raquiza, GR 29627. Dec. 19, 1989,
Apprentice, qualifications of. Labor. citing Martin, New Const. of the Phil., p.
To qualify as an apprentice, a person 399, 1987 Ed.].
shall: (a) be at least fifteen year of age;
(b) possess vocational aptitude and Appropriation bill. A bill (in Congress)
capacity for apprenticeship as the primary and specific purpose of
established through appropriate tests; which is to authorize the release of
and (c) possess the ability to funds from the public treasury. [Suarez,
comprehend and follow oral and written Pol. Law Reviewer, 1st Ed., 2002, p.
instructions. [Art. 59, LC, as amended]. 352].
Apprenticeship. Labor. Practical training Appropriation law. One the primary and
on the job supplemented by related specific purpose of which is to authorize
theoretical instruction. [Art. 58, LC]. the release of public funds from the
treasury. [Assoc. of Small Landowners
Apprenticeship agreement. Labor. An v. Sec. of Agrarian Reform, GR 78742.
employment contract wherein the July 14, 1989].
employer binds himself to train the
apprentice and the apprentice in turn Appropriation made by law. The act of
accepts the terms of training. [Art. 58, the legislature setting apart or assigning
LC]. to a particular use a certain sum to be
used in the payment of debt or dues
Approbate and reprobate. In the from the State to its creditors. [Gonzales
language of the Scotch law, the rule v. Raquiza, GR 29627. Dec. 19, 1989,
that a party can not either in the course citing Martin, New Const. of the Phil., p.
of litigation or in dealing in pais occupy 399, 1987 Ed.].
inconsistent positions. [Bismorte v.
Aldecoa & Co., GR L-5586. Dec. 10, Appropriation of water. The acquisition
1910]. of rights over the use of waters or the
taking or diverting of waters from a
Appropriar. Sp. Misappropriate. To own, natural source in the manner and for
to take something for one's own benefit. any purpose allowed by law. [Art. 9, PD
[Sy v. People, GR 85785. Apr. 24, 1989, 1067].
citing II Crim. Law, Reyes, 12th Ed., p.
729]. Appropriations. 1. An authorization
made by law or other legislative
enactment, directing payment out of

43
government funds under specified of substances or energy to the aquatic

conditions or for specified purposes. environment which result or is likely to
[Sec. 2, Chap. 1, Book VI, EO 292]. 2. result in such deleterious effects as to
The estimates of expenditures in a harm living and non-living aquatic
budget when finally approved by the resources, pose potential and/or real
appropriate authorities concerned. [Sec. hazard to human health, hindrance to
14, PD 477]. aquatic activities such as fishing and
navigation, including dumping/disposal
Appropriations bill. A bill filed in of waste and other marine litters,
Congress proposing to authorize the discharge of petroleum or residual
release of funds from the public products of petroleum or carbonaceous
treasury. [Claridades, A., Compilation of materials/substances, and other,
Notes, 2001-2006]. radioactive, noxious or harmful liquid,
gaseous or solid substances, from any
Appropriation sub rosa. An water, land or air transport or other
appropriation the purpose of which is to human-made structure. [Sec. 4, RA
allot a budget which is intended to 8550].
benefit legislators. To hide this to the
public, the legislators agree among Aquatic resources. Fish, all other
themselves that the same shall no aquatic flora and fauna and other living
longer be scrutinized and subjected to resources of the aquatic environment,
public hearings. [Suarez, Pol. Law including, but not limited to, salt and
Reviewer, 1st Ed., 2002, p. 342]. corals. [Sec. 4, RA 8550].
Approved budget for the contract Aqueduct easement. The right of any
(ABC). The budget for the contract duly person who may wish to use upon his
approved by the head of the procuring own estate any water of which he can
entity, as provided for in the General dispose to make it flow through the
Appropriations Act (GAA) and/or intervening estates, with the obligation
continuing appropriations, in the to indemnify their owners, as well as the
national government agencies; the owners of the lower estates upon which
corporate budget for the contract the waters may filter or descend. [Art.
approved by the governing boards, 642, CC].
pursuant to EO 518, series of 1979, in
the case of government financial Aquifer. A layer of water-bearing rock
institutions and state universities and located underground that transmits
colleges; and the budget for the water in sufficient quantity to supply
contract approved by the respective pumping wells or natural springs. [Sec
Sanggunian, in the case of local 4, RA 9275].
government units. [Sec. 5, RA 9184].
A quo. Lat. From which. A court a quo is
Appurtenance. Something that, a court from which a cause has been
although detached, stands as part of removed. [Claridades, A., Compilation of
another thing. An attachment or Notes, 2001-2006].
appendage to something else.
[Duhaime's Legal Dict., 2004]. Arador. Plower of land. [Morenos Law
Dict., 2000 Ed., p. 35].
Aquaculture. Fishery operations
involving all forms of raising and Arbitrage. Fr. arbitere: to arbitrate or to
culturing fish and other fishery species regulate. The nearly simultaneous
in fresh, brackish and marine water purchase of currencies (or other
areas. [Sec. 4, RA 8550]. commodities) in one market and its
resale in another in order to profit from
Aquatic life. All organisms living in the price differential. [Intl. Law Dict. &
freshwater, brackish and marine Direct., 2004].
environment. [Sec 4, RA 9275].
Arbitral award. The decision reached by
Aquatic pollution. The introduction by arbitrators in an arbitration. [Tetley,
human or machine, directly or indirectly, Glossary of Conflict of Laws, 2004].

44
under a particular law governing the

Arbitrary act. 1. One that arises from an dispute along with rules of procedure
unrestrained exercise of the will, governing the appointment of
caprice, or personal preference of the arbitrators and the arbitration process.
actor. [Webster's 3rd New Intl. Dict., p. The law applicable to the arbitration
110]. 2. One which is not founded on a agreement, the laws applicable to the
fair or substantial reason. [Words & subject of the dispute, the law of the
Phrases, Permanent Ed., Vol. 3-A, p. arbitral proceedings and the applicable
573). 3. One which is without adequate conflict rules may all be different, each
determining principle, non-rational, and having a proper law of its own. [Tetley,
solely dependent on the actor's will. Glossary of Conflict of Laws, 2004].
[Words & Phrases, supra, p. 562]; [All
definitions cited in Aquino v. Ponce- Arbitration clause. A clause in a bill of
Enrile, GR L-35546. Sep. 17, 1974]. lading, a waybill, a charter party or
other contract, providing that any
Arbitrary detention. Crim. Law. 1. The dispute arising under the contract shall
felony committed by any public officer be submitted to arbitration (supra)
or employee who, without legal before one or more arbitrators, in the
grounds, detains a person. [Art. 124, place and according to the laws and
RPC]. 2. The deprivation by a public rules specified in the clause.
officer of the liberty of a person without [Claridades, A., Compilation of Notes,
any legal ground. [Gregorio, Fund. of 2001-2006].
Crim. Law Rev., 1997 9th Ed., p. 377].
Compare with Illegal detention. Arbitration law. RA 876 entitled An Act
to authorize the making of arbitration
Arbitration. 1. An alternative dispute and submission agreements, to provide
resolution method by which an for the appointment of arbitrators and
independent, neutral third person the procedure for arbitration in civil
(arbitrator) is appointed to hear and controversies, and for other purposes
consider the merits of the dispute and enacted on June 19, 1953.
renders a final and binding decision
called an award. The process is similar Arbitrator. 1. The person appointed to
to the litigation process as it involves render an award, alone or with others,
adjudication, except that the parties in a dispute that is the subject of an
choose their arbitrator and the manner arbitration agreement. [Sec. 3, RA
in which the arbitration will proceed. 9285]. 2. A private, disinterested person
The decision of the arbitrator is known chosen by the parties in arbitration to
as an award. [Duhaime's Legal Dict., hear evidence concerning the dispute
2004]. 2. A process for the adjudication and to make an award based on the
of disputes by which the parties agree evidence. [Glossary of Legal Terms (Pro-
to be bound by the decision of a third Se), 2004].
person or body in place of a regularly
organized tribunal. 3. The settling of Archaeological site. Any place which
disputes between parties who agree not may be underground or on the surface,
to go before the courts, but rather underwater or at sea level which
agree to accept as final the decision of contains fossils, artifacts and other
experts of their choice, in a place of cultural, geological, botanical, zoological
their choice, usually subject to laws materials which depict and document
agreed upon in advance and usually evidences of palaeontological and pre-
under rules which avoid much of the historic events. [Sec. 3, RA 4846].
formality and niceties of proof and
procedure required by the courts. Archipelagic sea. All waters within the
[Tetley, Glossary of Conflict of Laws, baselines of an archipelago except
2004]. internal waters such as roadsteads,
lakes and rivers. [Sec. 4, DENR Admin.
Arbitration agreement. The agreement Order 95-23].
concluded between parties, providing
for the submission of their dispute to Archipelagic waters. The waters inside
arbitration, usually in a particular place, the archipelagic baselines of an

45
archipelagic state other than its internal direction to the erection, enlargement or
waters. [Intl. Law Dict. & Direct., 2004]. alterations of buildings and building
environments and architectural design in
Archipelago principle. Intl. Law. The engineering structures or any part
waters around, between and connecting thereof; the scientific, aesthetic and
the island of the archipelago, regardless orderly coordination of all the processes
of their breadth or dimension, are to be which enter into the production of a
treated as internal waters. [Sandoval, complete building or structure
Pol. Law Reviewer 2003]. performed through the medium of
unbiased preliminary studies of plans,
Architect. A person professionally and consultations, specifications,
academically qualified, registered and conferences, evaluations, investigations,
licensed under RA 9266 with a contract documents and oral advice and
Certificate of Registration and directions regardless of whether the
Professional Identification Card issued persons engaged in such practice are
by the Professional Regulatory Board of residents of the Philippines or have their
Architecture and the Professional principal office or place of business in
Regulation Commission (PRC), and who this country or another territory, and
is responsible for advocating the fair regardless of whether such persons are
and sustainable development, welfare performing one or all these duties, or
and cultural expression of society's whether such duties are performed in
habitat in terms of space, forms and person or as the directing head of an
historical context. [Sec. 3, RA 9266]. office or organization performing them.
[Sec. 3, RA 9266].
Architect-in-charge of construction.
An architect registered and licensed Architecture, scope of the practice
under RA 9266, who is directly and of. Encompasses the provision of
professionally responsible and liable for professional services in connection with
the construction supervision of the site, physical and planning and the
project. [Sec. 3, RA 9266]. design, construction, enlargement,
conservation, renovation, remodeling,
Architect-of-record. The architect restoration or alteration of a building or
registered and licensed under RA 9266, group of buildings. [Sec. 3, RA 9266].
who is directly and professionally
responsible for the total design of the Area. The size of the land or building in
project for the client and who shall square meters. [Memo. from the Exec.
assume the civil liability for the plans, Sec. dated Aug. 20, 1998].
specifications and contract documents
he/she has signed and sealed. [Sec. 3, Areas for priority development
RA 9266]. (APDs). Those areas declared as such
under existing statutes and pertinent
Architectural firm. A sole executive issuances. [Sec. 3, RA 7279].
proprietorship, a partnership or a Also Urban land reform zones.
corporation registered with the proper
government agencies. [Sec. 3, RA Areas impacted by public facilities.
9266]. Areas where the introduction of public
facilities may tend to induce
Architecture. The art, science or development and urbanization of more
profession of planning, designing and than local significance or impact. [Sec.
constructing buildings in their totality 62, PD 1152].
taking into account their environment, in
accordance with the principles of utility, Areas of critical environmental
strength and beauty. [Sec. 3, RA 9266]. concern. Areas where uncontrolled
development could result in irreparable
Architecture, general practice of. The damage to important historic, cultural,
act of planning and architectural or aesthetic values or natural systems or
designing, structural conceptualization, processes of national significance. [Sec.
specifying, supervising and giving 62, PD 1152].
general administration and responsible

46
Argument. An effort to establish belief its equivalent in the national language.

by a course of reasoning. [Blacks Law For the purpose of placing the Great
Dict., Abr. 5th Ed. (1983), p. 56]. Seal, the color of the arms shall not be
deemed essential. [Sec. 14, EO 292].
Argumentum ab inconvenienti
plurimum valet in lege. Lat. An Arnibal. Tag. A sweet sauce. [Morenos
argument from inconvenience is forcible Law Dict., 2000 Ed., p. 35].
in law. [Morenos Law Dict., 2000 Ed., p.
35]. Arousal. Legal Med. The state of sexual
excitement during which blood flow to
Argumentum ab simili valet in lege. the genital area increases, leading to an
Lat. An argument from analogy or from erection in men and in enlargement of
a similar case is good in law. [Morenos the clitoris, engorgement of the vaginal
Law Dict., 2000 Ed., p. 35]. walls and increased vaginal secretions in
women. [Olarte, Legal Med., 1st Ed.
Arises out of, or is necessarily (2004), pp. 111-112].
connected with, the transaction or
occurrence. The phrase generally Arraignment. 1. The reading of the
means that the same evidence may be complaint or information by the judge or
needed in supporting the claim or in clerk to the defendant and delivering to
refuting the opposite claim. An the latter a copy thereof, including a list
argument from analogy or from a similar of witnesses, and asking him whether
case is good in law. [Morenos Law he pleads guilty or not guilty as
Dict., 2000 Ed., p. 35]. charged. [Sec. 1, Rule 116, RoC]. 2. The
formal appearance of an accused person
Armalite. A rifle with a special to hear, and to receive a copy of, the
mechanism that can cause burst of charge against him or her, in the
shots with one squeeze of the trigger. presence of a judge, and to then enter a
An argument from analogy or from a plea of guilty or not guilty. The
similar case is good in law. [Morenos arraignment is the final preparatory step
Law Dict., 2000 Ed., p. 35]. before the criminal trial. [Duhaime's
Legal Dict., 2004]. 3. The hearing at
Armistice. Intl. Law. The suspension of which the accused is brought before the
all hostilities within a certain area (local) court to plead to the criminal charge. He
or in the entire region of the war may plead guilty, not guilty, or where
(general) agreed upon by the belligerent permitted Nolo contendere. [Glossary of
governments, usually for the purpose of Legal Terms (Pro-Se), 2004].
arranging the terms of the peace. [Cruz,
Intl. Law Reviewer, 1996 Ed., p. 144]. Arrangement. Intl. Law. See
Agreement.
Arms and great seal of the Republic
of the Philippines. The Arms of the Arras. See Earnest money.
Philippines which shall have paleways of
two (2) pieces, azure and gules; a chief Arrastre charge. The amount which the
argent studded with three mullets owner, consignee, or agent of either, of
equidistant from each other; and, in article or baggage has to pay for the
point of honor, ovoid argent over all the handling, receiving and custody of the
sun rayonnant with eight minor and imported or exported article or the
lesser rays. Beneath shall be a scroll baggage of the passengers. [Sec. 3101,
with the words Republic of the RA 1937].
Philippines, or its equivalent in the
national language, inscribed thereon. Arrastre charges. Fees for the services
The Great Seal shall be circular in form, of the arrastre operator, to be paid by
with the arms as described in the the consignee before the delivery of the
preceding paragraph, but without the cargo. [Morenos Law Dict., 2000 Ed., p.
scroll and the inscription thereon, and 35].
surrounding the whole, a double
marginal circle within which shall appear Arrears. A debt that is not paid on the
the words Republic of the Philippines, or due date which adds up and

47
accumulates as arrears. [Duhaime's

Legal Dict., 2004]. Arson, other forms of. Arson consisting
in the burning of other property and
Arrest. 1. The taking of a person into under the following circumstances: 1. if
custody in order that he may be bound the offender shall set fire to any
to answer for the commission of an building, farmhouse, warehouse, hut,
offense. [Sec. 1, Rule 113, RoC]. 2. An shelter, or vessel in port, knowing it to
actual restraint of the person to be be occupied at the time by one or more
arrested, or by his submission to the persons; (b) if the building burned is a
custody of the person making the public building; (c) if the building
arrest. [Sec. 2, Rule 113, RoC]. 3. burned is a public building and the
Restraint on person, depriving one of his purpose is to destroy evidence kept
own will and liberty, binding him to therein to be used in instituting
become obedient to the will of the law. prosecution for the punishment of
[Larranaga v. CA, GR 130644. Mar. 13, violators of the law; (d) if the building
1998, citing Moreno, Phil. Law Dict., 3rd burned is a public building and the
Ed. (1988), p. 72]. purpose is to destroy evidence kept
therein to be used in legislative, judicial
Arresto mayor. The penalty the duration or administrative proceedings; (e) if the
of which shall be from one month and arson shall have been committed with
one day to six months (of the intention of collecting under an
imprisonment). [Art. 27, RPC]. insurance policy against loss or damage
by fire; (f) if an inhabited house or any
Arresto menor. The penalty the duration other building in which people are
of which shall be from one day to thirty accustomed to meet is set on fire, and
days (of imprisonment). [Art. 27, RPC]. the culprit did not know that such house
or building was occupied at the time, or
Arrival under stress. Also Involuntary if he shall set fire to a moving freight
entrance. Mar. Law. 1. When a vessel train or motor vehicle; (g) if a farm,
from a foreign port is compelled by sugar mill, cane mill, mill central,
stress of weather or other necessity to bamboo groves or any similar plantation
put into any other port than that of her is set on fire; (h) if grain fields, pasture
destination. [Sec. 1016, RA 1937]. 2. In lands, or forests, or plantings are set on
voluntary entrance may be due to lack fire; (i) if a building not used as a
of provisions, unseaworthiness of the dwelling or place of assembly, located in
vessel, inclement weather, or other case a populated place, is set on fire; (j) if a
of force majeure, such as pursuit by building used as dwelling located in an
pirates. [Sandoval, Pol. Law Reviewer uninhabited place is set on fire; or (k)
2003]. when the property burned consists of
grain fields, pasture lands, forests, or
Arson. The act of any person who burns plantations when the value of such
or sets fire to the property of another. property does not exceed P200. [Art.
[Sec. 1, PD 1613]. 321, RPC, as amended by RA 5467].
Arson. Elements: (a) That there is Art dealer. Any person or entity who
intentional burning; and (b) that what is sells or otherwise deals in works of fine
intentionally burned is an inhabited art for profit or gain, such as art
house or dwelling. [People v. Arbolante, galleries, art brokers and agents. [Sec 3,
GR 96713, Oct. 17, 1991, 203 SCRA 85, RA 9105].
97].
Art forgery. An act committed by any
Arson of property of small value. The person or entity who: (a) affixes or
arson of any uninhabited hut, causes to appear a usurped or forged
storehouse, barn, shed, or any other signature or sign on any work of fine
property the value of which does not art; (b) counterfeits or imitates any
exceed P25, committed at a time or original signature or sign, with the intent
under circumstances which clearly to deceive the public or the buyer as to
exclude all danger of the fire spreading. the authorship of a work of art; (c) sells
[Art. 323, RPC]. or circulates any work of fine art bearing

48
forged or usurped signatures or signs; produced in quantity. [Ozaeta v. CA, GR

and (d) imitates or reproduces any work 95226. Nov. 18, 1993, citing Webster's
of fine art with intent to deceive the 3rd New Intl. Dict.].
public or the buyer as to the authenticity
of the work. [Sec 3, RA 9105]. Ascariasis. Infestation with ascaris
lumbricoides. Its vehicles for
Arthritis, acute. Inflammation of a joint transmission are the fecally
marked by pain, swelling, heat and contaminated food and drinks. Portal of
redness; the result of rheumatism or entry is through the oral route. [Chavez
gout. [Meez v. ECC, GR L-48488. Apr. v. ECC, GR L-61931. Mar. 31, 1987].
25, 1980, citing The Simplified Medical
Dict. for Lawyers, p. 56]. Ascendant-reservista. See Reservista.
Articles of incorporation. 1. The Ascending direct line. The rule in

document prepared by the persons succession that, in default of legitimate
establishing a corporation and children and descendants of the
containing the matters required by the deceased, his parents and ascendants
Corporation Code filed with the SEC. shall inherit from him, to the exclusion
[Claridades, A., Compilation of Notes, of collateral relatives. [Art. 985, CC].
2001-2006]. 2. The basic instrument
creating and defining a particular Asesinato. Sp. Murder. [US v. Alias, GR
corporation which is filed with a state L-6116. Feb. 27, 1911].
agency at the time of the firm's
incorporation. [Intl. Law Dict. & Direct., As in default. Under Sec. 2, Rule 20 of
2004]. the 1964 Rules of Court, a party who
fails to appear at a pre-trial conference
Artifacts. Articles which are products of may be non-suited or considered as in
human skills or workmanship, especially default. This contemplates a scenario
in the simple product of primitive arts or wherein the defendant in a suit had
industry representing past eras or already filed his answer (therefore had
periods. [Sec. 3, RA 4846]. set up both his negative and affirmative
defenses) but failed to comply with the
Artificial feeding. See Formula mandate of the Rules in not appearing
feeding. at the scheduled pre-trial hearing. This
provision no longer exists under the
Artificial insemination. A process in 1997 Rules of Procedure. [Claridades,
which the male gametes, the A., Compilation of Notes, 2001-2006].
spermatozoa, are collected and Compare with In default.
introduced artificially into the female
genital tract for the purpose fertilization. As is where is. The phrase refers to the
[Nolledo, The Family Code of the Phils. physical condition of the thing subject
Annotated, 2000 Rev. Ed., p. 263]. matter of the agreement. [Morenos Law
Dict., 2000 Ed., p. 37].
Artificial reefs. Any structure of natural
or man-made materials placed on a Asphyxia. Suffocation. [People v.
body of water to serve as shelter and Marquez, GR L-48834. Sep. 14, 1987.]
habitat, source of food, breeding areas
for fishery species and shoreline Asportation. Severance of goods from
protection. [Sec. 4, RA 8550]. the possession of the owner and
absolute control of the property by the
Artisanal fisher folk. Municipal, small taker, even for an instant. [People v.
scale or subsistence fishermen who use Apolinario, GR 97426. June 3, 1993,
fishing gear which do not require boats citing 184 SCRA at 677]. 2. The taking
or which only require boats below three of a thing out of the possession of the
(3) tons. [Sec. 3, RA 8425]. owner without his privity and consent
and without the animus revertendi.
Artworks. The making of decorative or [People v. Salvilla, GR 86163. Apr. 26,
artistic objects by hand; the decoration 1990, citing Aquino, Rev. Penal Code].
of artistic objects so made; artistic work

49
Assault. Threat to inflict injury with an receivables, mortgage loans and other
apparent ability to do so. Also, any debt instruments, and shall exclude
intentional display of force that would receivables from future expectation of
give the victim reason to fear or expect revenues by government, national or
immediate bodily harm. [Glossary of local, arising from royalties, fees or
Legal Terms (Pro-Se), 2004]. imposts. [Sec. 3, RA 9267].
Assay. A test by means of chemical Assign. To give, to transfer responsibility,

analysis to determine the purity of to another. The assignee (sometimes
fineness of metals, particularly the also called assigns) is the person who
precious metals. [Pea, Phil. Law on receives the right or property being
Natural Resources, 1997 Rev. Ed., p. given and the assignor is the person
111, citing Morrison, Mining Rights, p. giving. [Duhaime's Legal Dict., 2004].
491-492].
Assignee. One who is only entitled to
Assessed value. The value placed on receive the share of the profits or other
taxable property by the assessor for ad compensation by way of income, or the
valorem tax purposes. The assessed return of the contribution, to which his
value when multiplied by the tax rate assignor (limited partner) would other
will produce the amount of tax due. It is wise be entitled. But an assignee has no
synonymous to Taxable value. [Sec. 3, right to require any information or
PD 464]. account of the partnerships transactions
or to inspect the partnerships books. A
Assessment. The act or process of substituted partner has all these rights.
determining the value of a property, or [Diaz, Bus. Law Rev., 1991 Ed., p. 238].
proportion thereof, subject to tax,
including the discovery, listing and Assignment. 1. A transfer or making
appraisal of properties. [Sec. 3, PD over to another of the whole of any
464]. property, real or personal, in possession
or in action, or of any estate or right
Assessment level. The percentage therein. It includes transfers of all kinds
applied to the market value to of property, and is peculiarly applicable
determine the taxable or assessed value to intangible personal property and,
of the property. [Sec. 3, PD 464]. accordingly, it is ordinarily employed to
describe the transfer of non-negotiable
Assessment work. In mining, the proof choses in action and of rights in or
of annual work obligations which are connected with property as
works or improvements necessary and distinguished from the particular item or
instrumental in developing the mines property. [PNB v. CA, GR 118357. May
and extracting ores therefrom. It is 6, 1997, citing Moreno's Phil. Law Dict.,
actual work done in the area. [Morenos 3rd Ed., p. 75]. 2. The transfer of a right
Law Dict., 2000 Ed., p. 38]. or interest in property by one person to
another. [Torres, Oblig. & Cont., 2000
Asset-backed securities (ABS). The Ed., p. 347].
certificates issued by a special purpose
entity (SPE), the repayment of which Assignment for the benefit of
shall be derived from the cash flow of creditors. The transfer by an insolvent
the assets in accordance with the Plan. debtor of all his property to another for
[Sec. 3, RA 9267]. the purpose of arriving at an adjustment
with his creditors. [Torres, Oblig. &
Asset pool. The group of identified, Cont., 2000 Ed., p. 347].
homogeneous assets underlying the
asset-backed securities (ABS). [Sec. 3, Assignment of credit. 1. An agreement
RA 9267]. by virtue of which the owner of a credit,
known as the assignor, by a legal cause,
Assets. Loans or receivables or other transfers his credit and its accessory
similar financial assets with an expected rights to another, known as the
cash payment stream. The term shall assignee, who acquires the power to
include, but shall not be limited to, enforce it to the same extent as the

50
assignor could have enforced it against

the debtor. [Casabuena v. CA, GR Association. The act of a number of
115410. Feb. 27, 1998, citing Tolentino, persons in uniting together for some
Civil Code of the Phil. (Book V), p. 188]. special purpose or business. [Kilosbayan
2. The process of transferring the right v. Guingona, GR 113375. May 5, 1994].
of the assignor to the assignee who
would then have the right to proceed Assumpsit. Lat. He undertook; he
against the debtor. The assignment may promised. 1. A promise or engagement
be done either gratuitously or onerously, by which one person assumes or
in which case, the assignment has an undertakes to do some act or pay
effect similar to that of a sale [Nyco something to another. 2. A common law
Sales Corp. v. BA Finance Corp., GR form of action which lies for the
71694, Aug. 16, 1991; Paras, Civil Code recovery of damages for the non-
of the Phil., Annotated, Vol. V, 1982 Ed., performance of a parol or simple
p. 235]. contract; or a contract that is neither of
record nor under seal. [Blacks Law
Assignment of errors. The errors Dict., Abr. 5th Ed. (1983), p. 63].
intended to be urged as required by the
Rules to be contained in the appellants Assumption of risk. A doctrine under
brief (which) errors shall be separately, which a person may not recover for an
distinctly and concisely stated without injury received when he has voluntarily
repetition, and shall be numbered exposed himself to a known danger.
consecutively. [Sec. 13, Rule 44, RoC]. [Glossary of Legal Terms (Pro-Se),
2004].
Assignment of lease. That act
contemplated in Art. 1649 of the Civil Assured. The person for whose benefit
Code, viz: The lessee cannot assign the the insurance is granted. [Tiopianco,
lease without the consent of the lessor, Commentaries & Jurisp. on the Ins.
unless there is a stipulation to the Code of the Phil., 1999 Ed., p. 23].
contrary. [Sec. 2, BP 877; Sec.4, RA
9161]. Aswang. Tag. An injurious and evil
character believed to be capable of
Assist. 1. To lend an aid to. [Sinon v. assuming various and different forms,
CSC, GR 101251. Nov. 5, 1992, citing especially that of a dog, and harassing
Peabody v. Town of Holland, 178 A. usually in the depth of night women
888, 889 107 Vt. 237, 98 A.L.R. 866]. 2. who are about to give birth. [People v.
To contribute effort in the complete Sario, GR L-20754 & L-20759. June 30,
accomplishment of an ultimate purpose 1966].
intended to be effected by those
engaged. [Ibid, citing People v. Asylum. Intl. Law. 1. A privilege granted
Thurman, 62 Cal. App. 147; 216 P. 394 by a state to allow an alien escaping
(1923)]. Compare with Recommend. from the persecution of his country for
political reasons remain and grant him
Associated person of a broker or asylum. [Sandoval, Pol. Law Reviewer
dealer. An employee therefor whom, 2003]. 2. A sanctuary, or place of refuge
directly exercises control of supervisory and protection, where criminals and
authority, but does not include a debtors find shelter and from which they
salesman, or an agent or a person could not be take without sacrilege.
whose functions are solely clerical or While a foreign country has the right to
ministerial. [Sec. 3, RA 8799]. offer an asylum to fugitives from other
countries, there is no corresponding
Associated words doctrine. See right on the part of the alien to claim
Noscitur a Sociis. asylum. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 64].
Associates. The term by which younger
or more inexperienced salaried Atentado contra la autoridad. Sp.
attorneys in most firms are called. Assault upon a person in authority.
[Cayetano v. Monsod, GR 100113. Sep. [Tacas v. Cariaso, GR L-37406. Aug. 31,
3, 1991]. 1976]. See Direct assault.

51
v. Ladena, CA GR 6008-R, Mar. 8,

At issue. The time in a lawsuit when the 1951].
complaining party has stated his claim
and the other side has responded with a Attempt. An endeavor or effort to do an
denial and the matter is ready to be act or accomplish a crime, carries
tried. [Glossary of Legal Terms (Pro-Se), beyond preparation, but lacking
2004]. execution. [Jurists Legal Dict., 2004].
At least one-year service. Labor. Attempted felony. A felony where the

Service for not less than 12 months, offender commences the commission of
whether continuous or broken reckoned a felony directly by overt acts, and does
from the date the employee started not perform all the acts of execution
working, including authorized absences which should produce the felony by
and paid regular holidays unless the reason of some cause or accident other
working days in the establishment as a than this own spontaneous desistance.
matter of practice or policy, or that [Art. 6, RPC].
provided in the employment contract is
less than 12 months, in which case said Attestation. Succ. It consists in
period shall be considered as one year. witnessing the testator's execution of
[Sec. 3, Rule 5, LC]. the will in order to see and take note
mentally that those things are done
Attachment. 1. A juridical institution which the statute requires for the
which has for its purpose to secure the execution of a will and that the
outcome of the trial that is the signature of the testator exists as a fact.
satisfaction of the pecuniary obligation [In Re: Taboada v. Rosal, GR L-36033.
really contrasted by a person or believed Nov. 5, 1982].
to have been contracted by him, either
by virtue of a civil obligation emanating Attestation clause. Succ. 1. That part of
from contract or from law, or by virtue an ordinary will whereby the attesting
of some crime or misdemeanor that he witnesses certify that the instrument has
might have committed, and the writ been executed before them and to the
issued, granted it, is executed by manner of the execution of the same.
attaching and safely keeping all the [Testate Estate of Paula Toray, 87 Phil.
movable property of the defendant, or 139 (1950)]. 2. A separate
so much thereof as may be sufficient to memorandum or record of the facts
satisfy the plaintiff's demands. [Herrera, surrounding the conduct of execution
Remedial Law, Vol. 3, p. 1, citing and once signed by the witnesses, it
Guzman v. Catolico (65 Phil. 257); gives affirmation to the fact that
Gruenberg v. CA (138 SCRA 471)]. 2. A compliance with the essential formalities
provisional remedy in the form of an required by law has been observed.
order issued by a judge before whom [Vda. de Ramos, v. CA, 81 SCRA 393
the proper action is pending by which (1978)]. 3. It is made for the purpose of
the property of the adverse party is preserving in a permanent form a record
taken into legal custody, either at the of the facts that attended the execution
commencement of the action or at any of a particular will, so that in case of
time thereafter before final judgment, failure of the memory of the attesting
as security for the satisfaction of a witnesses, or other casualty, such facts
judgment obtained by the prevailing may still be proved. [Leynez v. Leynez,
party. 2. Taking a person's property to 68 Phil. 745 (1939)].
satisfy a court-ordered debt. [Glossary
of Legal Terms (Pro-Se), 2004]. Attested will. See Ordinary will.
Attack. Any offensive or antagonistic Attorney. An alternate word for lawyers.

movement or action of any kind and the A person that has been trained in the
drawing of a pistol from the holster at law and that has been certified to give
the hip and the aiming of that pistol at a legal advice or to represent others in
person. [Gregorio, Fund. of Crim. Law litigation. [Duhaime's Legal Dict., 2004].
Rev., 1997 9th Ed., p. 415, citing People

52
Attorney-at-law. A person admitted to delivered to his client and to the

practice law in his respective state and adverse party; and he shall have the
authorized to perform both civil and same right and power over such
criminal legal functions for clients, judgments and executions as his client
including drafting legal documents, would have to enforce his lien and
giving of legal advice, and representing secure the payment of his just fees and
such before courts, administrative disbursements. [Sec. 37, Rule 138,
agencies, boards, etc. [Blacks Law Dict. RoC].
6th Ed., p. 128].
Attorneys or lawyers oath. The oath
Attorney-in-fact. 1. A person who has of office which every lawyer in the
been appointed by another to act in his Philippines has to take before he is
behalf and in his name. [Torres, Oblig. allowed to practice law. The full text
& Cont., 2000 Ed., p. 347]. 2. An agent reads: "I, _______________________
whose authority is strictly limited by the of _________________________ do
instrument appointing him, though he solemnly swear that I will maintain
may do things not mentioned in his allegiance to the Republic of the
appointment necessary to the Philippines; I will support and defend its
performance of the duties specifically Constitution and obey the laws as well
required of him, such authority being as the legal orders of the duly
necessarily implied. [Phil. Legal Encyc., constituted authorities therein; I will do
p. 66]. no falsehood nor consent to its
commission; I will not wittingly or
Attorney of record. The principal willingly promote or sue any groundless,
attorney in a lawsuit, who signs all false or unlawful suit nor give aid nor
formal documents relating to the suit. consent to the same; I will not delay
[Glossary of Legal Terms (Pro-Se), any man's cause for money or malice
2004]. and will conduct myself as a lawyer
according to the best of my knowledge
Attorneys fee. A reasonable and discretion with all good fidelity as
compensation to which the attorney is well to the courts as to my clients and I
or shall be entitled to have and recover impose upon myself this obligation
from his client for his services, with a voluntary, without any mental
view to the importance of the subject reservation or purpose of evasion. SO
matter of the controversy, the extent of HELP ME GOD." [Form 28, appended to
the services rendered, and the the RoC as revised on Oct. 25, 1979 , 91
professional standing of the attorney. SCRA xv].
2001-2006]. Attorney's retaining lien. A general lien
for the balance of the account between
Attorneys' liens. A lien which an the attorney and his client, and applies
attorney shall have upon the funds, to the documents and funds of the client
documents and papers of his client which may come into the attorney's
which have lawfully come into his possession in the course of his
possession and which he may retain employment. [Ampil v. Agrava, GR L-
until his lawful fees and disbursements 27394. July 31, 1970, citing Black's Law
have been paid, and may apply such Dict., 4th Ed., 165]. Compare with
funds to the satisfaction thereof. He Charging or special lien.
shall also have a lien to the same extent
upon all judgments for the payment of Attorneys signature. The signature of
money, and executions issued in a counsel representing a party on every
pursuance of such judgments, which he pleading (which signature) constitutes a
has secured in a litigation of his client, certificate by him that he has read the
from and after the time when he shall pleading; that to the best of his
have caused a statement of his claim of knowledge, information, and belief,
such lien to be entered upon the records there is good ground to support it; and
of the court rendering such judgment, that it is not interposed for delay. [Sec.
or issuing such execution, and shall 3, Rule 7, RoC].
have caused written notice thereof to be

53
Attractive nuisance doctrine. The aspects: (a) examination; (b) audit: and
doctrine that where a person maintains (c) settlement of the accounts, funds,
in his premises a dangerous financial transactions and resources of
instrumentality of a character which is the agencies under their respective
attractive to children of tender years at audit jurisdiction. [Arias v.
play and who fails to exercise due Sandiganbayan, GR 81563. Dec. 19,
diligence to prevent such children form 1989, citing Sec. 43, Govt. Auditing
playing therewith or resorting or Code of the Phil.].
resorting thereto, is liable to a child who
is injured thereby, even if the child is Auscutate. To listen to the sounds
technically a trespasser. [Claridades, A., arising within organs as an aid to
Compilation of Notes, 2001-2006]. diagnosis and treatment, the
examination being made either by the
Attrition. The reduction of personnel as use of the stethoscope or by direct
a result of resignation, retirement, application of the ear to the body.
dismissal in accordance with existing [Ramos v. CA, GR 124354, Apr. 11,
laws, death or transfer to another office. 2002].
[Sec. 2, RA 7430].
Authentication. Evid. The proof of a
Auction. A public sale of property to the documents due execution and
highest bidder by a person called the genuineness if the purpose is to show
auctioneer who must be authorized by that it is genuine, or proof of its forgery,
law. [Torres, Oblig. & Cont., 2000 Ed., if its purpose is to show that the
p. 347]. document is a forgery. [Claridades, A.,
Audi alteram partem. Lat. Hear the
other party. 1. The right to he heard Authentic notice. Constancia autentica.
should not be ruled out. [Torres v. [Art. 749, Civil Code]. "The acceptance
Borja, GR L-31947. Mar. 21, 1974]. 2. A having been made in the deed of gift
principle of natural justice which itself, notification thereof to the donor in
prohibits a judicial decision which a constancia autentica was evidently
impacts upon individual rights without not necessary." [Kapunan v. Casilan, L-
giving all parties in the dispute a right to 8178, Oct. 31, 1960].
be heard. [Duhaime's Legal Dict., 2004].
Authentic writing. A writing which, for
Audiovisual work or fixation. A work purposes of Art. 278 of the Civil Code, is
that consists of a series of related the genuine or indubitable writing of the
images which impart the impression of father (or mother), and includes a public
motion, with or without accompanying instrument (one acknowledged before a
sounds, susceptible of being made notary public or other competent official
visible and, where accompanied by with the formalities required by law)
sounds, susceptible of being made and, a public or official document in
audible. [Sec. 202, RA 8293]. accordance with the Rules of Court.
[Banaag v. Bartolome, GR 76245. Dec.
Audit. To examine and adjust. To 20, 1991].
examine an account, compare it with
the vouchers, adjust the same, and to Author. The natural person who has
state the balance, by persons legally created the work. [Art. 171, RA 8293].
authorized for the purpose. [Ynchausti &
Co. v. Wright, GR 23601. Sep. 22, 1925, Authority. Labor. A document issued by
citing Words and Phrases, Vol. 1, 1st the DOLE authorizing a person or
Series, pp 639-640]. association to engage in recruitment
and placement activities as a private
Auditing Code of the Philippines. PD recruitment entity. [Art. 13, LC].
1445 signed into law on June 11, 1978.
Authorized capital stock. It is
Auditorial function of an auditor. As a synonymous with capital stock where
representative of the Commission on the shares of the corporation have par
Audit, his function comprises three

54
value. [De Leon, Corp. Code of the Phil. Automatically. In an automatic manner;
Annotated, 1989 Ed., p. 52]. without thought or conscious intention.
[Prov. of Batangas v. Romulo, GR
Authorized-cause dismissal. Labor. A 152774, May 27, 2004, citing Websters
form of terminating employer-employee 3rd New Intl. Dict.].
relationship with a liability on the part of
the employer to pay separation pay as Automatic appropriation for debt
mandated by law. [Poquiz, Labor Rel. service. (Appropriation in the General
Law, 1999 Ed. p. 349]. Compare with Appropriations Act) authorized by P.D.
Just-cause dismissal. No. 81, entitled "Amending Certain
Provisions of Republic Act Numbered
Authorized driver clause. Ins. 1. A Four Thousand Eight Hundred Sixty, as
clause which provides that an Amended (Re: Foreign Borrowing Act),
authorized driver must not only be "by P.D. No. 1177, entitled "Revising the
permitted to drive by the insured but Budget Process in Order to
that he is permitted under the law and Institutionalize the Budgetary
regulations to drive the motor vehicle Innovations of the New Society," and by
and is not disqualified from so doing P.D. No. 1967, entitled "An Act
under any enactment or regulation. Strengthening the Guarantee and
[Stokes v. Malayan Ins. Co., GR L- Payment Positions of the Republic of the
34768. Feb. 24, 1984]. 2. The main Philippines on Its Contingent Liabilities
purpose of the clause is that a person Arising out of Relent and Guaranteed
other than the insured owner, who Loans by Appropriating Funds For The
drives the car on the insured's order, Purpose." [Guingona, Jr. v. Carague, GR
such as his regular driver, or with his 94571. Apr. 22, 1991].
permission, such as a friend or member
of the family or the employees of a car Automobile. Any four (4) or more
service or repair shop, must be duly wheeled motor vehicle regardless of
licensed drivers and have no seating capacity, which is propelled by
disqualification to drive a motor vehicle. gasoline, diesel, electricity or any other
[Villacorta v. Ins. Comm., 100 SCRA motive power: Provided, That for
467]. purposes of RA 9224, buses, trucks,
cargo vans, jeeps, jeepneys or jeepney
Aut judicare aut dedere. Lat. either substitutes, single cab, chassis, and
adjudicate or extradite. A rule, common special-purpose vehicles shall not be
to anti-terrorism treaties, that requires a considered as automobiles. [RA 9224].
contracting state either to prosecute an
alleged offender who is within its Autonomy. It is either decentralization of
territory or to extradite the offender to administration or decentralization of
another contracting state for power. [Limbona v. Mangelin, GR
prosecution there. [Intl. Law Dict. & 80391. Feb. 28, 1989].
Direct., 2004].
Autonomy in contracts, Freedom to
Automated election system. A system contract or Liberty in contracts. The
using appropriate technology for voting rule in Art. 1306, of the Civil Code that
and electronic devices to count votes the contracting parties may establish
and canvass/consolidate results. [Sec. 2, such stipulations as they may deem
RA 8436]. convenient, provided they are not
contrary to law, morals, good customs,
Automatic. Involuntary either wholly or public order or public policy. [Manila
to a major extent so that any activity of Resource Dev. Corp. v. NLRC, GR
the will is largely negligible; of a reflex 75242. Sep. 2, 1992].
nature without volition; mechanical; like
or suggestive of an automation. [Prov. Autoptic proference. The inspection by
of Batangas v. Romulo, GR 152774, May the tribunal of the thing itself and its
27, 2004, citing Websters 3rd New Intl. condition. [Tiglao v. Comelec, GR L-
Dict.]. 31566 & L-31847. Aug. 31, 1970]. See
Real evidence.

55
Autosexual. Legal Med. A deviate who immediately preceding the general

would rather have masturbation than reclassification of local governments,
make love with his/her partner of the divided by such number of calendar
opposite sex. [Olarte, Legal Med., 1st Ed. years, as may be certified to by the
(2004), p. 113]. Commission on Audit for purposes of
such reclassification of provinces, cities
Autrefois acquit. Fr. Previous acquittal. and municipalities. [Sec. 4, EO 249, July
It refers to an accused who cannot be 25, 1987].
tried for a crime because the record
shows he has already been subjected to Average monthly compensation. The
trial for the same conduct and was quotient after dividing the aggregate
acquitted. [Duhaime's Legal Dict., compensations received by the member
2004]. for the last three years immediately
preceding his
Autrefois attaint. Fr. Attainted for a death/separation/disability/retirement,
felony. It refers to a person who cannot by the number of months he received
be tried again for the same offence. said compensation, or three thousand
[Duhaime's Legal Dict., 2004]. pesos, which ever is smaller. [Sec. 2, PD
1146].
Autrefois convict. Fr. Previous
conviction. It refers to the plea made by A vinculo matrimonii. Lat. Of marriage.
the accused if he maintains that the 1. The term is now used to refer to a
previous trial resulted in conviction. final and permanent divorce. [Duhaime's
[Duhaime's Legal Dict., 2004]. Legal Dict., 2004]. 2. The Civil Code of
the Philippines, now in force, does not
Auxiliary crop. Any product raised other admit absolute divorce, quo ad vinculo
than the crop to which the cultivation of matrimonii; and in fact it does not even
the land is principally devoted in each use that term, to further emphasize its
agricultural year; and excluding the restrictive policy on the matter, in
produce of the lot referred to in Sec. 22, contrast to the preceding legislation (Act
par. 3 of RA 2263. [Sec. 2, RA 2263]. 2710) that admitted absolute divorce on
grounds of adultery of the wife or
Auxiliary language. A particular concubinage of the husband.
language, spoken in certain places, [Tenchavez v. Escao, GR L-19671.
which supports or helps the national Nov. 29, 1965].
and/or official languages in their
assigned functions. [Sec. 3, RA 7104]. Avoidance of the law. In conflict of
laws, the intentional arrangement of
Auxiliary social services. The connecting factors (contacts) in an
supportive activities in the delivery of agreement, usually by equal bargaining
social services to the marginalized parties, for a legitimate purpose, in
sectors of society. [Sec. 4, RA 7277]. order to ensure the applicability to the
agreement of a particular law or
Average. Mar. Ins. Any extraordinary or jurisdiction. The opposite of evasion of
accidental expense incurred during the the law (Fraude la loi). [Tetley,
voyage for the preservation of the Glossary of Conflict of Laws, (Internet)].
vessel, cargo or both and all damages to
the vessel and cargo form the time it is Avulsion. 1. The segregation by the
loaded and the voyage commenced until current of a river, creek or torrent from
it ends and the cargo unloaded. an estate on its bank a known portion of
[Tiopianco, Commentaries & Jurisp. on land and transferring it to another
the Ins. Code of the Phil., 1999 Ed., p. estate. The owner of the land to which
117]. the segregated portion belonged retains
the ownership of it, provided that he
Average annual income. The sum of removes the same within two years.
the annual income as herein defined [Art. 459, CC]. 2. Land accretion that
actually obtained by a province, city or occurs by the erosion or addition of
municipality during the required number one's land by the sudden and
of consecutive calendar years unexpected change in a river stream

56
such as a flash flood. [Duhaime's Legal

Dict., 2004].
Award. Any partial or final decision by an

arbitrator in resolving the issue in a
controversy. [Sec. 3, RA 9285].
Awning. A movable shelter supported

entirely from the exterior wall of a
building and of a type which can be
retracted, folded, or collapsed against
the face of a supporting building. [Sec.
1203, PD 1096].
-B-
Baby rocket. A firecracker with a stick so
constructed that lighting of the wick will
propel the whole thing to lift a few
meters before exploding. The firecracker
is about 1 1/2 inches in length by 3/8
inch in diameter while the stick is about
a foot in length. [Sec. 2, RA 7183].
BAC. The Bids and Awards Committee

established in accordance with Art. V of
RA 9184.
Back pay. Pay awarded for work that

could have been performed by the
employee except that he was prevented
from doing so because of his illegal
dismissal by the employer. [Phil.
Veterans Bank Employees Union v. Phil.
Veterans Bank, GR 67125. Aug. 24,
1990].
Backwages. Wages granted on the basis

of equity for earnings which a worker or
employee has lost due to his illegal
dismissal. [Cathedral Schl. of Tech. v.
NLRC, GR 101438. Oct. 13, 1992].

57
Backward shifting. The transfer of the all property. [Claridades, A., Compilation
burden of the tax from the consumer or of Notes, 2001-2006].
purchaser through the factors of
distribution to the factors of production. Baggage. Such articles of apparel,
[De Leon, Fundamentals of Taxation, ornament, etc., as are in daily use by
2000 Ed., p. 56]. travelers, for convenience according to
the habits or wants of the particular
Bad faith. 1. A state of mind affirmatively class to which he belongs, either with
operating with furtive design or with reference to the immediate necessities
some motive of self-interest or ill will or or ultimate purpose of the journey. Only
for ulterior purpose. [Air France v. such articles of necessity or convenience
Carrascoso, GR L-21438. Sep. 28, as are generally carried by passengers
1966]. 2. The neglect or refusal to fulfill for their personal use. [Comm. of
a duty, not prompted by an honest Customs v. Geronimo, GR L-31642. Oct.
mistake, but by some interested or 28, 1977, citing Bouvier's Law Dict., Vol.
sinister motive. [State v. Griffin, 100 1, p. 305].
S.C. 331, 84 S.E. 876, cited in Black's
Dict., 4th Ed., 1951, p. 176]. Bail. 1. The security given for the release
of a person in custody of the law,
Bad faith of a possessor in reference furnished by him or a bondsman,
to land. There is a presumption of bad conditioned upon his appearance before
faith whenever a possessor is aware any court as required under the
that there exists in his title or mode of conditions hereinafter specified. Bail
acquisition any flaw which invalidates it. may be given in the form of a corporate
[Art. 526, CC]. surety, property bond, cash deposit, or
recognizance. [Sec. 1, Rule 114, RoC].
Bad faith on the part of the 2. Money or other security (such as a
landowner. There is bad faith bail bond) provided to the court to
whenever the act was done with the temporarily allow a person's release
knowledge of the landowner and from jail and assure their appearance in
without opposition on his part. [Art. court. Bail and bond are often used
453, CC]. interchangeably. [Glossary of Legal
Badges of fraud. If the fraud or intent
to defraud cannot be established by Bail bond. An obligation signed by the
means of the presumptions enunciated accused to secure his presence at the
in Art. 1387 of the Civil Code, it may still trial. This obligation means that the
be proved in accordance with the accused may lose money by not
ordinary rules of evidence. This may be properly appearing for the trial. Often
done by proving the existence of any referred to simply as Bond. [Glossary of
one of the following circumstances Legal Terms (Pro-Se), 2004].
which have been denominated by the
courts as badges of fraud: (a) The fact Bailee. The person who receives property
that the cause or consideration of the through a contract of bailment, from the
conveyance is inadequate; (b) a transfer bailor, and who may be committed to
made by a debtor after suit has been certain duties of care towards the
begun and while it is pending against property while it remains in his
him; (c) a sale on credit by an insolvent possession. [Duhaime's Legal Dict.,
debtor; (d) evidence of large 2004].
indebtedness or complete insolvency;
(e) the transfer of all or nearly all of his Bailiff. An officer of the court responsible
property by a debtor, esp. when he is for keeping order and maintaining
insolvent or greatly embarrassed appropriate courtroom decorum.
financially; (f) the fact that the transfer [Jurists Legal Dict., 2004].
is made between father and son, when
there are present others of the above Bailment. 1. The relationship created
circumstances; (g) the failure of the when the owner of property, the bailor,
vendee to take exclusive possession of delivers it to another, the bailee, for
some specific purpose. [Torres, Oblig. &

58
Cont., 2000 Ed., p. 347]. 2. The transfer Balikbayan. A Filipino citizen who has
of possession of something (by the been continuously out of the Philippines
bailor) to another person (called the for a period of at least one (1) year, a
bailee) for some temporary purpose Filipino overseas worker, or former
(e.g. storage) after which the property Filipino citizen and his or her family who
is either returned to the bailor or had been naturalized in a foreign
otherwise disposed of in accordance country and comes or returns to the
with the contract of bailment. Philippines. [Sec 2, RA 9174; Sec. 2. RA
[Duhaime's Legal Dict., 2004]. 6768].
Bailor. The person who temporarily Banco. Sp. Bench. The local term for (a)
transfers possession of property to particular long chair. [People v. Pastoral,
another, the bailee, under a contract of GR 51686. Sep. 10, 1993].
bailment. [Duhaime's Legal Dict., 2004].
Band. Also En cuadrilla. A group of
Bakia. Tag. Wooden shoes. [People v. more than three armed malefactors who
Resayaga, GR L-49536. Mar. 30, 1988]. take part in the commission of a
robbery. [Art. 296, RPC].
Baklad. Tag. See Fish corral.
Bangko Sentral ng Pilipinas. The
Balance. A remainder or something independent central monetary authority
remaining from the original total sum (of the Republic of the Philippines) that
already agreed upon. [Adelfa Properties, shall function and operate as an
Inc. v. CA, GR 111238. Jan. 25, 1995]. independent and accountable body
corporate in the discharge of its
Balance of power. Intl. Law. An mandated responsibilities concerning
arrangement of affairs so that no state money, banking and credit. [Sec. 1 & 2,
shall be in apposition to have absolute RA 7653].
mastery and dominion over others.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. Bangungot. Tag. 1. Asphyxial
50, citing Vattel]. cardiorespiratory failure. [People v.
Narciso, GR L-24484. May 28, 1968]. 2.
Balancing test. 1. The test applied by A natural disease locally called (as such)
courts in determining whether or not an where the victim dies in his sleep
accused has been denied his right to a allegedly due to bad dreams or
speedy trial, in which the conduct of nightmares. 3. A theoretical disease
both the prosecution and the accused is whose remote and immediate cause,
weighed, and such factors as length of pathology and cure have not as yet
the delay, reason for the delay, the been accurately determined and
accused's assertion or non-assertion of scientifically established and confirmed.
his right, and prejudice to the accused [Luzon Brokerage Co., Inc. v. Dayao, GR
resulting from the delay, are considered. L-10362. Nov. 27, 1959].
[Hipolito v. CA, GR 108478-79. Feb. 21,
1994]. Also known as Four-factor Bank. 1. Every banking institution, as
balancing test. 2. When particular defined in Sec. 2 of RA 337, as
conduct is regulated in the interest of amended, otherwise known as the
public order, and the regulation results General Banking Act. A bank may either
in an indirect, conditional, partial be a commercial bank, a thrift bank, a
abridgment of speech, the duty of the development bank, a rural bank or a
courts is to determine which of the two specialized government bank. [Sec. 22,
conflicting interests demands the NIRC, as amended]. 2. (a) A banking
greater protection under the particular institution organized under the laws of
circumstances presented. [American the Philippines, (b) any other banking
Communications Asso. v. Douds, Yap v. institution or trust company, doing
Boltron, 100 Phil. 324 (1956)]. Compare business under the laws of the
with Clear and present danger rule Philippines, a substantial portion of the
and Dangerous tendency doctrine. business of which consists of receiving
deposits or exercising fiduciary powers
similar to those permitted to national

59
banks. [Sec. 3, RA 2629]. 3. A moneyed and all other corporations, companies,

institute founded to facilitate the partnerships, and associations
borrowing, lending, and safe-keeping of performing banking functions in the
money and to deal in notes, bills of Philippines. [Sec. 2, RA 337].
exchange, and credits. [Rep. v. Security
Credit & Acceptance Corp., GR L-20583. Bank reserves. The reserves required of
Jan. 23, 1967]. all banks operating in the Philippines to
maintain against their deposit liabilities
Bank deposit. Money held by a bank. in order to control the volume of money
The bank may freely use this money as created by the credit operations of the
it best sees fit. A depositor only has a banking system. [Sec. 94, RA 7653].
claim against the bank as a general
creditor and not as a bailor of specific Bankruptcy. 1. The formal condition of
property deposited with the bank. [Intl. an insolvent person being declared
Law Dict. & Direct., 2004]. bankrupt under law. The legal effect is
to divert most of the debtor's assets and
Bank draft. 1. A bill of exchange drawn debts to the administration of a third
by a bank upon its correspondent bank, person, sometimes called a trustee in
issued at the solicitation of a stranger bankruptcy, from which outstanding
who purchases and pays therefor. debts are paid pro rata. Bankruptcy
[Citytrust Banking Corp. v. CA, GR forces the debtor into a statutory period
92591. Apr. 30, 1991, citing Kohler v. during which his commercial and
First Natl. Bank, 289 P 47, 49, 157 financial affairs are administered under
Wash. 417 1930)]. 2. An order for the strict supervision of the trustee.
payment of money. [Ibid., citing [Duhaime's Legal Dict., 2004]. 2.
Polotsky v. Artisans Savings Bank, Del. Statutes and judicial proceedings
180 A. 791, 792, 7 WW. Harr 142 involving persons or businesses that
(1935)]. cannot pay their debts and seek the
assistance of the court in getting a fresh
Bankers acceptance bill. Nego. Inst. A start. Under the protection of the
bill of exchange of which the acceptor is bankruptcy court, debtors may be
a bank or banker engaged generally in released from or discharged from their
the business of granting bankers debts, perhaps by paying a portion of
acceptance credit. This is the same as each debt. The person with the debts is
Trade acceptance bill, the only called the debtor and the people or
difference is it is drawn against a bank companies to whom the debtor owes
instead of the buyer. [Diaz, Bus. Law money are called creditors. [Glossary of
Rev., 1991 Ed., p. 365]. Legal Terms (Pro-Se), 2004].
Bankers check. A chose in action, or Banks. Collectively, the rural banks,

evidence of the right of the real owner. cooperative banks, and private
[Morenos Law Dict., 2000 Ed., p. 45]. development banks as defined in par.
17, 18 and 19, Sec. 3 of RA 7607. [Sec.
Banking franchise. An authority granted 4, RA 7607].
by the monetary board to conduct
banking business (in the Philippines) as Banks and other financial
provided for under the pertinent laws. d institutions. Non-bank financial
thenceforth be called. [Claridades, A., intermediaries, lending investors,
Compilation of Notes, 2001-2006]. finance and investment companies,
pawnshops, money shops, insurance
Banking institution and Bank. The companies, stock markets, stock brokers
terms are synonymous and and dealers in securities and foreign
interchangeable and specifically include exchange, as defined under applicable
banks, banking institutions, commercial laws, or rules and regulations
banks, savings banks, mortgage banks, thereunder. [Sec. 131, RA 7160].
trust companies, building and loan
associations, branches and agencies in Banned hazardous substance. (a) Any
the Philippines of foreign banks, toy or other articles intended for use by
hereinafter called Philippine branches, children, which are hazardous per se, or

60
which bear or contain substances called. [Claridades, A., Compilation of

harmful to human beings; or (b) any Notes, 2001-2006].
hazardous substance intended or
packaged in a form suitable for use in Barangay Day Care Center Law of
the household, which the implementing 1978. PD 1567 entitled Establishing a
agency by regulation, classifies as day care center in every barangay and
banned hazardous substance appropriating funds therefor signed
notwithstanding the existence of into law on June 11, 1978.
cautionary labels, to safeguard public
health and safety. [Art. 4, RA 7394]. Barangay Decree. PD 557 entitled
Declaring all barrios in the Philippines
Baptismal certificate. 1. A private as barangays, and for other purposes
document, which, being hearsay, is not signed into law on Sep. 21, 1974.
a conclusive proof of filiation (and) does
not have the same probative value as a Barangay health worker. A person who
record of birth, an official or public has undergone training programs under
document. [In Re: Pabellar v. CA, GR L- any accredited government and non-
27298. Mar. 4, 1976]. 2. While (it) may government organization and who
be considered (a) public document, (it) voluntarily renders primary health care
can only serve as evidence of the services in the community after having
administration of the sacraments on the been accredited to function as such by
dates so specified. (It is) not necessarily the local health board in accordance
competent evidence of the veracity of with the guidelines promulgated by the
entries therein with respect to the child's Department of Health (DOH). [Sec. 3,
paternity. [Fernandez v. CA, GR 108366. RA 7883].
Feb. 16, 1994].
Barangay Health Workers' Benefits
Bar. 1. Historically, the partition and Incentives Act of 1995. RA 7883
separating the general public from the entitled An Act creating benefits and
space occupied by the judges, lawyers, incentives to accredited barangay health
and other participants in a trial. 2. More workers and for other purposes
commonly, the term means the whole enacted on Feb. 20, 1995.
body of lawyers. [Glossary of Legal
Terms (Pro-Se), 2004]. 3. The whole Barangay Justice. See Katarungang
body of attorneys and counselors. Pambarangay.
Collectively, the members of the legal
profession. [Blacks Law Dict., 6th Ed., p. Barangay micro business enterprise
148]. (BMBE). Any business entity or
enterprise engaged in the production,
Bar admission. The act by which one is processing or manufacturing of products
licensed to practice before the courts of or commodities, including agro-
a particular state or jurisdiction after processing, trading and services, whose
satisfying certain requirements such as total assets including those arising from
bar examinations, period of residency or loans but exclusive of the land on which
admission on grounds of reciprocity the particular business entity's office,
after a period of years as a member of plant and equipment are situated, shall
the bar of another jurisdiction. [Blacks not be more than P3,000,000.00. [Sec.
Law Dict., 6th Ed., p. 149]. 3, RA 9178].
Barako. Tag. Tough guy. [People v. Barangays. Units of municipalities or

Batas, GR 84277-78. Aug. 2, 1989]. municipal districts in which they are
situated. They are quasi-municipal
Barangay. The name by which any barrio corporations endowed with such powers
recognized under RA 3590, otherwise as are herein provided for the
known as the "Barrio Charter Law", as performance of particular government
amended, including those that were functions, to be exercised by and
subsequently created in accordance with through their respective barangay
subsequent laws would thenceforth be governments in conformity with law.
[Sec. 2, RA 3590, as amended].

61
Gang. [People v. Cuya, Jr., GR L-33046.

Bar by prior (or former) judgment. Feb. 18, 1986]. 5. Buddies. [People v.
Also Res judicata. The rule that the Parba, GR L-63409. May 30, 1986]. 6.
judgment in the first case constitutes an Close friend. [People v. Valdez, GR L-
absolute bar to the subsequent action 75390. Mar. 25, 1988].
when, between the first case where the
judgment was rendered and the second Barker. A caller of jeepney passengers.
case which sought to be barred, there is [People v. Payumo, GR 81761. July 2,
identity of parties, subject matter and 1990].
cause of action. [Comilang v. CA, July
15, 1975]. Barking. Calling for passengers to ride on
waiting jeepneys. [Morenos Law Dict.,
Bareboat. Mar. Law. Literally, without a 2000 Ed., p. 47].
crew. [Litonjua Shipping Inc. v. NSB,
GR 51910. Aug. 10, 1989]. Barratry. 1. Legal Ethics. The offense of
frequently exciting and stirring up
Bareboat charter. See Demise quarrels and suits, either at law or
charter. otherwise. [Pineda, Legal and Judicial
Ethics, (1999 Ed.), p. 46, citing 4 Bla.
Bar examination. A state examination Com. 134; Co. Litt. 368]. 2. Mar. Law.
(administered by the Supreme Court of The fraudulent act of the master or
the Philippines) taken by prospective mariner against the ship owners
lawyers in order to be admitted and interest. [Tiopianco, Commentaries &
licensed to practice law. [Glossary of Jurisp. on the Ins. Code of the Phil.,
Legal Terms (Pro-Se), 2004]. 1999 Ed., p. 109]. 3. Any willful
misconduct on the part of master or
Bargaining. A process where the parties crew in pursuance of some unlawful or
discuss their demands and counter- fraudulent purpose without the consent
demands and, after haggling, agree on of the owners, and to the prejudice of
what is essentially a compromise the owner's interest. (Sec. 171, US Ins.
reflecting the concessions mutually Law, quoted in Vance, Handbook on
given by the parties to arrive at a Law of Ins., 1961, p. 929.)
common understanding. [Aquino v.
NLRC, GR 87653. Feb. 11, 1992]. Barratry clause. Mar. Ins. A clause
which provides that there can be no
Bargaining representative. A recovery on the policy in case of any
legitimate labor organization or any willful misconduct on the part of the
officer or agent of such organization master or crew in pursuance of some
whether or not employed by the unlawful or fraudulent purpose without
employer. [Art. 212, LC]. the consent of the owners and to the
prejudice of the owners interest.
Bargaining unit. A group of employees
of a given employer comprised of all or Barrel. 42 U.S. gallons or 9702 cubic
less than all of the entire body of inches at temperature of 60
employees, which the collective interest Fahrenheit. [Sec. 3, PD 87].
of all the employees, consistent with
equity to the employer, indicate to be Barrier between the legitimate
the best suited to serve the reciprocal family and the illegitimate family
rights and duties of the parties under rule. See Iron curtain rule.
the collective bargaining provisions of
the law. [Golden Farms v. Sec. of Labor, Barrio Charter Act. RA 2370 entitled
GR 102130. July 26, 1994]. An Act granting autonomy to barrios of
the Philippines enacted on June 20,
Barkada. Tag. 1. Group. [People v. 1959.
Resayaga, GR L-23234. Dec. 26, 1973].
2. Comrade or co-conspirator. [People v. Barrio or Barrios. Units of municipalities
Plateros, GR L-37162. May 30, 1978]. 3. or municipal districts in which they are
Companion. [People v. Catindihan, GR situated. They are quasi-municipal
L-32508 & L-42104. Apr. 28, 1980]. 4. corporations endowed with such powers

62
provided in the law for the performance

of particular government functions, to Basic necessities. The term includes:
be exercised by and through their rice; corn; bread; fresh, dried and
respective barrio governments in canned fish and other marine products,
conformity with law. [Sec. 2, RA 2370]. fresh pork, beef and poultry meal; fresh
Now called Barangay. eggs; fresh and processed milk; fresh
vegetables; root crops; coffee; sugar;
Barrister. A litigation specialist; a lawyer cooking oil; salt; laundry soap;
that restricts his practice to the court detergents; firewood; charcoal; candles;
room. In England and some other and drugs classified as essential by the
Commonwealth jurisdictions, a legal DOH. [Sec. 3 (1), RA 7581].
distinction is made between barristers
and solicitors, the latter with exclusive Basic needs approach to
privileges of advising clients, providing development. The identification,
legal advice, and the former with production and marketing of wage
exclusive privileges of appearing in a goods and services for consumption of
court on behalf of a client. [Duhaime's rural communities. [Sec. 4, RA 8435].
Legal Dict., 2004].
Basic salary. A rate of pay for a
Barter or exchange contract. 1. A standard work period exclusive of such
contract whereby one of the parties additional payments as bonuses and
binds himself to give one thing in overtime. [Boie-Takeda Chemicals, Inc.
consideration of the other's promise to v. De La Serna, GR 92174. Dec. 10,
give another thing. [Art. 1638, CC]. 2. A 1993].
contract whereby one person transfers
the ownership of non-fungible things to Basic sectors. The disadvantaged
another with the obligation on the part sectors of Philippine society, namely:
of the latter to give things of the same farmer-peasant, artisanal fisher folk,
kind, quantity, and quality. [Art. 1954, workers in the formal sector and
CC]. migrant workers, workers in the
informal sector, indigenous peoples and
Basel Convention. The international cultural communities, women,
accord which governs the trade or differently-abled persons, senior
movement of hazardous and toxic waste citizens, victims of calamities and
across borders. [Sec. 4, RA 8479]. disasters, youth and students, children,
and urban poor. [Sec. 3, RA 8425].
Baseline. The line from which territorial
seas and other maritime zones are Basic skills training. The first stage of
measured. [Intl. Law Dict. & Direct., the learning process of a vocational
2004]. character for a given task, job,
occupation or group of occupations,
Base metals. All metallic minerals except aimed at developing the fundamental
noble metals. [Sec. 2, RA 4095]. attitude, knowledge, skill or behavior
pattern to specified standards. [Sec. 1,
Bases Conversion and Development Rule 1, Book 2, IRR of LC].
Authority (BCDA). A body corporate
created under Sec. 3 of RA 7227. Basic tuition fees. Amounts paid for the
privilege to receive instruction in a high
Basic education. The education school but does not include
intended to meet basic learning needs matriculation fee, and other
which lays the foundation on which miscellaneous fees as library and
subsequent learning can be based. It athletic fee, laboratory fee, entrance
encompasses early childhood, fee, ROTC fee, student council fee,
elementary and high school education graduation fee and similar fees. [Sec.
as well as alternative learning systems 30, PD 69].
four out-of-school youth and adult
learners and includes education for Basic unit. A well-defined unit which by
those with special needs. [Sec. 4, RA convention is regarded as dimensionally
9155]. independent. [Sec. 4, BP 8].

63
relationships as a result of cumulative

Basic wage. 1. All regular remuneration abuse. [Sec. 3, RA 9262].
or earnings paid by an employer for
services rendered on normal working Battery. 1. An act of inflicting physical
days and hours but does not include harm upon the woman or her child
cost-of-living allowances. profit-sharing resulting to the physical and
payments. Premium payments, 13th psychological or emotional distress.
month pay, and other monetary benefits [Sec. 3, RA 9262]. 2. A beating, or
which are not considered as part of or wrongful physical violence. The actual
integrated into the regular salary of the threat to use force is an assault; the use
employee on the date the Order became of it is a battery, which usually includes
effective. [IRR, EO 178]. 2. All an assault. [Glossary of Legal Terms
remuneration or earnings paid by an (Pro-Se), 2004].
employer to a worker for services
rendered on normal working days and Batuta. Tag. A nightstick used by
hours but does not include cost-of-living barangay tanods. [People v. Balderama,
allowances, profit sharing payments, GR 89597-98. Sep. 17, 1993].
premium payments, 13th month pay or
other monetary benefits which are not Baul. Tag. Commonly known in local
considered as part of or integrated into parlance as wooden trunk. [People v.
the regular salary of the workers. [Sec. Sadang, GR 105378. June 27, 1994].
1, Rule 7, Book 3, IRR of LC].
Bawang. Tag. A firecracker larger than a
Basin. A naturally or artificially enclosed triangulo with 1/3 teaspoon of powder
or nearly enclosed body of water in free packed in cardboard tied around with
communication with the sea. [Sec. 3, PD abaca strings and wrapped in shape of
857]. garlic. [Sec. 2, RA 7183].
Basnig. Tag. A fishing boat. [Jimenez v. Bay. Intl. Law. A well-marked indentation
Averia, GR L-22759. Mar. 29, 1968]. whose penetration is in such proportion
to the width of its mouth as to contain
Bastard. An illegitimate child, born in a land-locked waters and constitute more
relationship between two persons that than a curvature of the coast. [Cruz,
are not married (i.e. not in wedlock) or Intl. Law Reviewer, 1996 Ed., p. 62].
who are not married at the time of the
child's birth. [Duhaime's Legal Dict., Bayanihan. See Palusong.
2004].
Bayaw. Tag. 1. Brother-in-law. [People v.
Batas Pambansa (BP). Statutes Manalo, GR L-42505. Dec. 26, 1984]. 2.
approved by the Batasang Pambansa. Sometimes loosely used to refer to a
[Suarez, Stat. Con., (1993), p. 42]. (male) cousin-in-law. [People v.
Songcuan, GR 73070. Aug. 11, 1989].
Batch. A quantity of any drug or device Compare with Bilas and Hipag.
produced during a given cycle of
manufacture. [Sec. 6, EO 175, May 22, BCDA. See Bases Conversion and
1987]. Development Authority.
Batch number. A designation printed on Bearer. Nego. Inst. The person in

the label of a drug or device that possession of a bill or note which is
identifies the batch, and permits the payable to bearer. [Sec. 191, NIL].
production history of the batch including
all stages of manufacture and control, to Bearer check. A check payable to cask.
be traced and reviewed. [Sec. 6, EO [Morenos Law Dict., 2000 Ed., p. 48].
175, May 22, 1987].
Bearer instrument. A check payable to
Battered woman syndrome. A the order of cash, the payee of which
scientifically defined pattern of does not purport to be the name of any
psychological and behavioral symptoms person. [Morenos Law Dict., 2000 Ed.,
found in women living in battering p. 48].

64
[Cruz, Intl. Law Reviewer, 1996 Ed., p.

Beauty contest. Any competition open 17].
to any male or female, which is national
in character or scope, whether with or Belligerent government. A government
without international affiliation, wherein engaged in a war with insurgents. [Intl.
the winner or winners are chosen on the Law Dict. & Direct., 2004].
basis of beauty or other physical
attributes or a combination of beauty Belligerent occupation. Intl. Law. An
and talent, intelligence, charm, grace or incident of war which occurs when the
other similar qualities. [LOI 1376]. territory of one belligerent is placed
under the authority and control of the
Beginning of personality. Personality invading forces of the other belligerent.
begins at conception, such that the [Cruz, Intl. Law Reviewer, 1996 Ed., p.
conceived child shall be considered born 139]. Compare with Military
for all purposes that are favorable to it, occupation.
provided it be born later with the
conditions specified in Art. 41 of the Bells palsy. An acute lower Motor
Civil Code. For civil purposes, the foetus Neuron Palsy of the facial nerve,
is considered born if it is alive at the characterized by pain, weakness or
time it is completely delivered from the paralysis of the affected side of the
mother's womb. However, if the foetus face. [Galanida v. ECC, GR L-70660.
had an intra-uterine life of less than Sep. 24, 1987].
seven months, it is not deemed born if it
dies within twenty-four hours after its Bellum justum. Lat. Just war.
complete delivery from the maternal [Claridades, A., Compilation of Notes,
womb. [Arts. 40 and 41, CC]. 2001-2006].
Behest loans. The loans extended by Bench. The seat occupied by the judge.
government financial institutions More broadly, the court itself. [Glossary
allegedly upon orders of the Marcos of Legal Terms (Pro-Se), 2004].
regime to its favorites and cronies who
obtained amounts unconscionably far in Bench warrant. An order issued by a
excess of their loan values and knowing judge for the arrest of a person.
fully well that they would never be [Glossary of Legal Terms (Pro-Se),
repaid. [From the 3rd preambulatory 2004].
clause of Proc. 82, dated Mar. 3, 1987].
Beneficial use. The use of the
Beinte nueve. (A local) fan knife. environment or any element or segment
[People v. Alcantara, GR 91283. Jan. 17, thereof conducive to public or private
1995]. Also Veinte nueve. welfare, safety and health; and shall
include, but not be limited to, the use of
Belligerency. Intl. Law. It exists when a water for domestic, municipal, irrigation,
sizeable portion of the territory of a power generation, fisheries, livestock
state is under the effective control of an raising, industrial, recreational and other
insurgent community which is seeking to purposes. [Sec 4, RA 9275].
establish a separate government and
the insurgents are in de facto control of Beneficiaries. The dependent spouse
a portion of the territory and population, until he/she remarries and dependent
have a political organization, are able to children, who are the primary
maintain such control, and conduct beneficiaries. In their absence, the
themselves according to the laws of dependent parents and subject to the
war. [Sandoval, Pol. Law Reviewer restrictions imposed on dependent
2003]. children and legitimate descendents
who are the secondary beneficiaries.
Belligerent community. A group of Provided, that the dependent
rebels under an organized civil acknowledged natural child shall be
government who have taken up arms considered as a primary beneficiary
against the legitimate government. when there are no other dependent
children who are qualified and eligible

65
for monthly income benefit. [Art. 167, secondary, that is, an original letter is
LC]. Best evidence, and a photocopy is
Secondary evidence. [Glossary of Legal
Beneficiary or cestui que trust. 1. The Terms (Pro-Se), 2004]. See Primary
person for whose benefit the trust has evidence
been created. [Art. 1440, CC]. 2.
Someone named to receive property or Best evidence rule. 1. A rule of
benefits in a will. In a trust, a person evidence that there can be no evidence
who is to receive benefits from the of a writing, the contents of which are
trust. [Glossary of Legal Terms (Pro-Se), the subject of inquiry, other than the
2004]. 3. Ins. The person which is original writing itself except, among
designated in a contract of life, health or others, when the original has been lost,
accident insurance as the one who is to destroyed, or cannot be produced in
receive the benefits which become court. [Sec. 3, Rule 130, RoC]. 2. A rule
payable, according to the terms of the providing that no evidence shall be
contract, upon the death of the insured. received which is merely substitutionary
[Tiopianco, Commentaries & Jurisp. on in its nature so long as the original
the Ins. Code of the Phil., 1999 Ed., p. evidence can be had. [Arroyo v. HRET,
27, citing 44 Am. Jur. 2nd 639]. GR 118597. July 14, 1995].
Beneficio neto. Sp. Net profit. [Morenos Best interest of the child. The totality
Law Dict., 2000 Ed., p. 49]. of the circumstances and conditions as
are most congenial to the survival,
Benefits-protection theory. The theory protection and feelings of security of the
that the government is expected to child and most encouraging to his
respond in the form of tangible and physical, psychological and emotional
intangible benefits intended to improve development. It also means the least
the lives of the people and enhance detrimental available alternative for
their moral and material values. This safeguarding the growth and
symbiotic relationship is the rationale of development of the child. [AM 00-4-07-
taxation and should dispel the SC].
erroneous notion that it is an arbitrary
method of exaction by those in the seat Bestosexual. Legal Med. A person
of power. [Comm. of Int. Rev. v. CA, GR whose sexual desire is towards animals.
L-28896. Feb. 17, 1988]. It is attained by having sex with an
animal. [Olarte, Legal Med., 1st Ed.
Bequeath. To give a gift to someone (2004), p. 113].
through a will. [Glossary of Legal Terms
(Pro-Se), 2004]. Betrayal of trust or revelation of
secrets by an attorney or solicitor.
Bequests. Gifts made in a will. [Glossary Crim. Law. The felony committed by any
of Legal Terms (Pro-Se), 2004]. See attorney-at-law or solicitor (procurador
Legacy. judicial) who, by any malicious breach
of professional duty or of inexcusable
Berthing charge. The amount assessed negligence or ignorance, shall prejudice
against a vessel for mooring or berthing his client, or reveal any of the secrets of
at a pier, wharf, bulkhead-wharf, river the latter learned by him in his
or channel marginal wharf at any port in professional capacity, or who, having
the Philippines; or for mooring or undertaken the defense of a client or
making fast to a vessel so berthed; or having received confidential information
for berthing or mooring within any slip, from said client in a case, shall
channel, basin river or canal under the undertake the defense of the opposing
jurisdiction of any port of the party in the same case, without the
Philippines. The owner, agent, operator consent of his first client. [Art. 209,
or master of the vessel is liable for this RPC].
charge. [Sec. 2901, RA 1937].
Bet taker of promoter. A person who
Best evidence. The best evidence calls and takes care of bets from owners
available. Evidence short of this is of both gamecocks and those of other

66
bettors before he orders that the state establish absolute

commencement of the cockfight and certainty by eliminating all doubt, but it
thereafter distributes won bets to the does require that the evidence be so
winners after deducting a certain conclusive that all reasonable doubts are
commission. [Sec. 4, PD 449]. removed from the mind of the ordinary
person. [Glossary of Legal Terms (Pro-
Betterment. See Mejora. Se), 2004].
Betting. Betting money or any object or Bicameral conference committee. See

article of value or representative of Conference committee.
value upon the result of any game,
races and other sports contest. [Sec. 1, Bid. Signed offer or proposal submitted
PD 483]. by a supplier, manufacturer, distributor,
contractor or consultant in response to
Betting in sports contests. Crim. Law. the bidding documents. [Sec. 5, RA
The felony committed by any person 9184].
who shall bet money or any object or
article of value or representative of Bid bond. Also Proposal bond. An
value upon the result of any boxing or indispensable requirement for the
other sports contests. [Art. 197, RPC]. validation of a bid proposal. The bond
insures good faith of the bidders and
Bettor. 1. Mananaya, Tayador or variants binds them to enter into a contract with
thereof. Any person who places bets for the Government should their proposal
himself/herself or in behalf of another be accepted. [Padilla v. Zaldivar, L-
person, or any person, other than the 22789, Oct. 30, 1964, 12 SCRA 260].
personnel or staff of any illegal numbers
game operation. [Sec. 2, RA 9287]. Bidder's bond. A bond in cash, certified
or cashier's check or surety required of
Bettor. A person who participates in bidders before they can participate in
cockfights and with the use of money or any competitive bidding, to guarantee in
other things of value, bets with other good faith the submission of their
bettors or through the bet taker or tenders and acceptance of all the terms
promoter and wins or loses his bet and conditions thereof. [IRR on Supply
depending upon the result of the & Prop. Mgt., per Sec. 383, LGC].
cockfight as announced by the referee
or sentenciador. He may be the owner Bidding documents. Documents issued
of fighting cock. [Sec. 4, PD 449]. by the procuring entity as the basis for
bids, furnishing all information
Beverage. A liquor or liquid for drinking. necessary for a prospective bidder to
[Cagayan Valley Ent., Inc. v. CA, GR prepare a bid for the goods,
78413. Nov. 8, 1989, citing Burnstein v. infrastructure projects, and consulting
US, CC. A. Cal., 55 F2d 599, 603; Black's services to be provided. [Sec. 5, RA
Law Dict., 4th Ed., 204]. 9184].
Beyond economical repair. The Bienes futuros. Sp. Future property.

condition of the supplies when the cost [Blas v. Santos, GR L-14070. Mar. 29,
of repairing becomes prohibitive and 1961].
disadvantageous to the government or
when the cost to repair an item is over Bigamy. 1. The contracting of a second
sixty per cent (60%) of the acquisition or subsequent marriage before the
cost. [IRR on Supply & Prop. Mgt., per former marriage has been legally
Sec. 383, LGC]. dissolved, or before the absent spouse
has been alleged declared presumptively
Beyond reasonable doubt. The dead by means of a judgment rendered
standard in a criminal case requiring in the proper proceeding. [Art. 349,
that the court be satisfied to a moral RPC]. 2. An illegal marriage committed
certainty that every element of a crime by contracting a second or subsequent
has been proven by the prosecution. marriage before the first marriage has
This standard of proof does not require been legally dissolved, or before the

67
absent spouse has been declared SCRA 382, citing Cummings v. US, 4
presumptively dead by means of a Wall, 277 (1867)].
judgment rendered in the proper
proceedings. Bigamy carries with it the Bill of exchange. 1. An unconditional
imposable penalty of prision mayor. order in writing addressed by one
Being punishable by an afflictive person to another, signed by the person
penalty, this crime prescribes in fifteen giving it, requiring the person to whom
(15) years. The fifteen-year prescriptive it is addressed to pay on demand or at a
period commences to run from the day fixed or determinable future time a sum
on which the crime is discovered by the certain in money to order or to bearer.
offended party, the authorities, or their [Sec. 126, NIL]. 2. A negotiable
agents. [Sermonia v. CA, GR 109454. instrument by which the drawer requires
June 14, 1994]. of the drawee to pay a designated sum
of money to the payee or subsequent
Bilas. Tag. 1. The husband of (ones) holder. [Torres, Oblig. & Cont., 2000
wife's sister. [People v. Ventura, GR L- Ed., p. 348]. Compare with Promissory
32716. Dec. 1, 1977]. 2. Co-brother-in- note.
law. [People v. Malillos, GR L-26568.
July 29, 1968]. Compare with Bayaw Bill of lading. 1. A written
and Hipag. acknowledgment of the receipt of the
goods and an agreement to transport
Bilateral contract. See Synallagmatic and deliver them at a specified place to
contract. a person named or on his order.
[Suggested Answer for the 1998 Bar,
Bilateral treaty. Formal binding UPLC, (2002), p. 42]. 2. Such
agreement between two states. [Intl. instrument may be called a shipping
Law Dict. & Direct., 2004]. receipt, forwarder's receipt and receipt
for transportation. [Saludo v. CA, GR
Bill. A proposed law filed in Congress 95536. Mar. 23, 1992]. 3. A written
which becomes law only after it is agreement between the shipper of the
considered, passed upon and approved goods and a common carrier. [Torres,
by Congress and by the President of the Oblig. & Cont., 2000 Ed., p. 348].
Philippines. [Claridades, A., Compilation
of Notes, 2001-2006]. Bill of local application. A bill filed in
Congress that is local in character like
Bill increasing public debt. A bill filed the creation of a new town, city or
in Congress proposing to authorize the province. [Claridades, A., Compilation of
government to borrow money, either by Notes, 2001-2006].
borrowing from external sources or by
offering bonds for public subscriptions. Bill of particulars. Rem. Law. 1. A
[Claridades, A., Compilation of Notes, definite statement which a party may
2001-2006]. move for before responding to a
pleading concerning any matter which is
Bill in set. Nego. Inst. 1. A bill composed not averred with sufficient definiteness
of several parts, each part is numbered or particularity to enable him properly to
and contains a reference to the other prepare his responsive pleading. If the
parts, all of which parts constitute one pleading is a reply, the motion must be
bill. [Diaz, Bus. Law Rev., 1991 Ed., p. filed within ten (10) days from service
377]. 2. A bill drawn in a set, each part thereof. Such motion shall point out the
of the set being numbered, and defects complained of, the paragraphs
containing a reference to the other wherein they are contained, and the
parts, the whole of the parts constitutes details desired. [Sec. 1, Rule 12, RoC].
one bill. [Claridades, A., Compilation of 2. A more definite statement, ordered
Notes, 2001-2006]. by the court on motion of a party, the
office of (which) is limited to making
Bill of attainder. A legislative act which more particular or definite the ultimate
inflicts punishment without trial. [People facts in a pleading (that were) alleged
v. Ferrer, L-32613-14, Dec. 27, 1972, 48 too generally or not averred with
sufficient definiteness or particularly (as)

68
to enable an (adverse party) properly to which the company is liable for any loss
prepare his responsive pleading or to occurring during the period covered by
prepare for trial. It is not its office to it. [Morenos Law Dict., 2000 Ed., pp.
supply evidentiary matters. [Fortune 51-52].
Corp. v. CA, GR 108119. Jan. 19, 1994].
Bingeing. Legal Med. The rapid and
Bill of particulars. Rem. Law. Purposes: quick consumption of large amounts of
1. To amplify or limit a pleading, specify food while feeling a loss of control.
more minutely and particularly a claim [Olarte, Legal Med., 1st Ed. (2004), p.
or defense set up and pleaded in 139].
general terms, give information, not
contained in the pleading, to the Bintol. Tag. Bamboo-and-net device used
opposite party and the court as to the to catch talangka. [People v. Rejano,
precise nature, character, scope, and GR 105669-70. Oct. 18, 1994].
extent of the cause of action or defense
relied on by the pleader, and apprise Bio-conversion to fuels. The various
the opposite party of the case which he processes, natural or synthetic, by
has to meet, to the end that the proof which a solid, liquid or gaseous fuel is
at the trial may be limited to the matters produced by utilizing bio-mass
specified, and in order that surprise at, feedstock, e.g. anaerobic fermentation
and needless preparation for, the trial of animal manure to yield bio-gas;
may be avoided, and that the opposite combustion of firewood to yield heat,
party may be aided in framing his steam or power, fermentation of
answering pleading and preparing for agricultural crops or by-products to yield
trial. 2. To define, clarify, particularize, substitute fuels such as alcohol. [Sec. 2,
and limit or circumscribe the issues in PD 1068].
the case, to expedite the trial, and assist
the court. [Virata v. Sandiganbayan, GR Bio-gas. A fuel gas consisting of 50-70%
106527. Apr. 6, 1993]. methane and the rest non-combustible
gases produced by the anaerobic
Bill of rights. Const. Law. A formal and fermentation of organic waste. [Sec. 2,
emphatic legislative assertion and PD 1068].
declaration of popular rights and
liberties. That portion of the Constitution Biologic products. Viruses, sera, toxins
guaranteeing the rights and privileges to and analogous products used for the
the individual. [Blacks Law Dict., Abr. prevention or cure of human diseases.
5th Ed. (1983), p. 86]. [Sec. 42, RA 5921].
Binder. See Binding slip. Bio-mass. Organic matter, whether living

or not. This would include, among
Binding receipt. Ins. 1. A mere others, trees, algae, animal and
acknowledgment on behalf of the agricultural wastes and decaying plants
company that its branch office had in swamps. [Sec. 2, PD 1068].
received from the applicant the
insurance premium and had accepted Biomedicine. That discipline of medical
the application subject to processing by care advocating therapy with remedies
the head office. 2. In life insurance a that produce effects differing from those
"binding slip" or "binding receipt" does of the diseases treated. It is also called
not insure of itself. [De Lim v. Sun Life 'allopathy,' 'western medicine,' 'regular
Assurance Co. of Canada, 41 Phil. 264]. medicine,' 'conventional medicine,'
'mainstream medicine,' 'orthodox
Binding slip. Also Binder. A document medicine,' or 'cosmopolitan medicine.'
given to the insured to bind the [Sec. 4, RA 8423].
company in case a loss occurs pending
action upon the application and the Bioprospecting. The research, collection
actual issuance of a policy. Such a slip and utilization of biological and genetic
issued by the duly authorized agent of resources for purposes of applying the
an insurance company constitutes a knowledge derived there from solely for
temporary contract of insurance under

69
commercial purposes. [Sec. 5, RA occupied by or intended for buildings.

9147]. [Sec. 3, BP 220].
Bird sanctuary. See Game refuge. Block. Also Meridional block. An area
bounded by one-half (1/2) minute of
Black Hand. A lawless secret society latitude and one-half (1/2) minute of
whose members engage in extortion, longitude, containing approximately
terrorism, and other crimes. [People v. eighty-one hectares (81 has.). [Sec. 3,
Aquino, GR L-23908. Oct. 29, 1966, RA 7942].
citing Webster, New Intl. Dict., 2nd Ed.,
p. 280]. Blockade. Intl. Law. A hostile operation
by which the vessels and aircraft of one
Blackhander. A person belonging to or belligerent prevent all other vessels,
associated with Black Hand, a lawless including those of neutral states, from
secret society whose members engage entering or leaving the ports or coasts
in extortion, terrorism, and other crimes. of the other belligerent, the purpose
[People v. Aquino, GR L-23908. Oct. 29, being to shut off the place from
1966, citing Webster, New Intl. Dict., 2nd international commerce and
Ed., p. 280]. communication with other states. [Cruz,
Blackmarketing of foreign exchange.
The crime committed by any person Blockhead. A person deficient in
who shall engage in the trading or understanding. [People v. Aquino, GR L-
purchase and sale of foreign currency in 23908. Oct. 29, 1966, citing Webster
violation of existing laws or rules and Intl. Dict., p. 290].
regulations of the Central Bank. [Sec. 1,
PD 1883]. See Salting of foreign Blood bank or center. A laboratory or
exchange. institution with the capability to recruit
and screen blood donors, collect,
Blanket mortgage clause. A provision process, store, transport and issue blood
in a mortgage which broadens the for transfusion and provide information
security clause to cover all indebtedness and/or education on blood transfusion
of the mortgagor to the mortgagee of transmissible diseases. [Sec. 3, RA
past or future origin, existing 7719].
indebtedness, advances to be made by
the mortgagee to the mortgagor, and Blood collection unit. An institution or
indebtedness of the mortgagor to the facility duly authorized by the DOH to
mortgagee created subsequent to the recruit and screen donors and collect
execution of the contract. [Morenos blood. [Sec. 3, RA 7719].
Law Dict., 2000 Ed., p. 52].
Blood grouping test. The analysis of
Blank indorsement. See Indorsement blood samples of the mother, the child,
in blank. and the alleged father, (by which) it can
be established conclusively that the man
Blasting agent. Any material or mixture is not the father of the child. But (such
consisting of a fuel and oxidizer used to test) cannot show that a man is the
set off explosives. [Sec. 3, PD 1185]. father of a particular child, but at least
can show only a possibility that he is.
Blighted lands. The areas where the [Jao v. CA, GR L-49162. July 28, 1987].
structures are dilapidated, obsolete and
unsanitary, tending to depreciate the Blood or blood product. Human blood,
value of the land and prevent normal processed or unprocessed and includes
development and use of the area. [Sec. blood components, its products and
3, RA 7279]. derivative. [Sec. 3, RA 7719].
Block. A parcel of land bounded on the Blood transfusion transmissible

sides by streets or alleys or pathways or diseases. Diseases which may be
other natural or manmade features, and transmitted as a result of blood

70
transfusion, including AIDS, Hepatitis-B, subject matter of the statute. [Suarez,

Malaria and Syphilis. [Sec. 3, RA 7719]. Stat. Con., (1993), p. 46].
Blue seal. A blue band used to seal a Body-building. A job undertaken on a

package of foreign-made, untaxed motor vehicle in order to replace its
cigarettes. [Morenos Law Dict., 2000 entire body with a new body. [Sec. 2,
Ed., p. 53]. RA 6539].
Blue Sunday Law. RA 946 entitled An Bolo. A long, heavy Philippine single-
Act to prohibit labor on Sunday, edged knife. [Morenos Law Dict., 2000
Christmas day, New Year's day, Holy Ed., p. 53].
Thursday and Good Friday enacted on
June 20, 1953. [Expressly repealed by Bona fide. Lat. In good faith or with
the Labor Code]. good faith; without fraud or deceit;
genuine. [Tetley, Glossary of Conflict of
Boarding house. 1. A building where Laws, 2004].
selected persons for fixed periods of
time are supplied with, and charged for Bona fide bidder. A registered merchant
sleeping accommodations and meals. licensed as manufacturer, producer,
[Sec. 63, PD 856]. 2. Any house where regular dealer or service establishment
boarders are accepted for compensation with reputable establishment for at least
by the week or by the month, and three (3) months prior to the public
where meals are served to boarders bidding he intends to participate in. [IRR
only. [Sec. 1, PD 426]. Compare with on Supply & Prop. Mgt., per Sec. 383,
Lodging house. LGC].
Board of directors or trustees. The Bona fide intention to cultivate. In

body politic and corporate which Sec. 50 (a) of RA 1199, as amended,
exercises the corporate powers of all (the term) has reference not only to the
corporations formed under the liability and firm decision of the
Corporation Code, conducts all business, landowner to mechanize but also to the
and controls and holds all property of motive behind his action in seeking the
such corporations, the directors or dispossession of his tenants. The "bona
trustees of which are elected from fide" requirement necessarily authorizes
among the holders of stocks, or where judicial inquiry into the landowner's
there is no stock, from among the motives in deciding to mechanize his
members of the corporation, and are to operations. [De Santos v. Acosta, GR L-
hold office for one (1) year until their 17564. Jan. 31, 1962].
successors are elected and qualified.
[Claridades, A., Compilation of Notes, Bona fide occupant. One who supposes
2001-2006]. he has a good title and knows of no
adverse claim; one who not only
Board of election inspectors. A Board honestly supposes himself to be vested
in every precinct composed of three (3) with true title but is ignorant that the
regular members who shall conduct the title is contested by any other person
voting, counting and recording of votes claiming a superior right to it. [Bernardo
in the polling place. [Sec. 2, RA 8436]. v. Bernardo, GR L-5872. Nov. 29, 1954].
Board of Investments (BOI). The Bona fide purchaser for value. As

agency created by RA 5186, known as used in sales or ordinary contracts, any
the Investment Incentives Act. [Sec. 3, person who acquires property or
RA 6135]. negotiable instruments in good faith and
for valuable consideration. [Torres,
Body. 1. Rem. Law. The part of a Oblig. & Cont., 2000 Ed., p. 348].
pleading that sets forth its designation,
the allegations of the party's claims or Bond. 1. A written obligation or
defenses, the relief prayed for, and the undertaking that is sufficiently secured.
date of the pleading. [Sec. 2, Rule 7, [Evangelista v. CA, GR 41229. Jan. 13,
RoC]. 2. Stat. Con. It contains the 1992]. 2. A written agreement by which

71
a person insures he will pay a certain to winners minus a commission, which is

sum of money if he does not perform usually 10%. [Lim v. Pacquing, GR
certain duties property. [Glossary of 115044. Jan. 27, 1995].
Booking sheet. A record of arrest and a
Bonded warehouse. A facility at a port statement on how the arrest is made. It
of entry where shippers can store goods is simply a police report, and it has no
until they clear customs. [Intl. Law Dict. probative value as an extrajudicial
& Direct., 2004]. statement of the person being detained.
The signing by the accused of the
Bonds. Certificates of debt issued by a booking sheet and arrest report is not a
company (or government) guaranteeing part of the custodial investigation which
payment of an original investment plus would otherwise require the presence of
interest at a specified future date. [Intl. counsel to ensure the protection of the
Law Dict. & Direct., 2004]. accused's constitutional rights. [People
v. Manzano, GR 86555. Nov. 16, 1993].
Bondsman. A surety offered in virtue of
a provision of law or of a judicial order Booking. The process of photographing,
who shall have the qualifications fingerprinting, and recording identifying
prescribed in Art. 2056 of the Civil Code data of a suspect. This process follows
and in special laws. [Art. 2082, CC]. the arrest. [Glossary of Legal Terms
(Pro-Se), 2004].
Bonus. An amount granted and paid to
an employee for his industry and loyalty Bookkeeping. The art or practice of
which contributed to the success of the keeping a systematic record of business
employer's business and made possible transactions, so as to show their
the realization of profits. It is something relations to each other, and the state of
given in addition to what is ordinarily the business in which they occur.
received by or strictly due to the [Martin, Commentaries and Jurisp. on
recipient. [Traders Royal Bank v. NLRC, Comml. Laws, Vol. 1, 1988 Rev. Ed., p.
189 SCRA 274 (1990) and Luzon 32].
Stevedoring v. CIR, 15 SCRA 660
(1965)]. Book Publishing Industry
Development Act. RA 8047 entitled
Bonus judex secundum aequum at An Act providing for the development
bonum judicat stricto juri praefert. of the book publishing industry through
Lat. A good decides according to justice the formulation and implementation of a
ands right and prefers equity to strict national book policy and a national book
law. [Pangan v. CA, GR L-39299. Oct. development plan enacted on June 7,
18, 1988]. 1995.
Bonus judex secundum sequum. Lat. Bore. Any well, hole, pipe, or excavation
Deciding according to justice rather than of any kind which is bored, drilled, sunk
rigid law. [Morenos Law Dict., 2000 Ed., or made in the ground for the purpose
p. 54]. of investigating, prospecting, obtaining,
or producing geothermal energy, natural
Bonus pater familias. Lat. Good father gas and methane gas, or which taps or
of the family. [Claridades, A., is likely to tap geothermal energy,
Compilation of Notes, 2001-2006]. natural gas and methane gas and
includes any hole in the ground which
Bonus shares. Corp. Law. Those issued taps geothermal energy, natural gas and
gratuitously. They are Watered methane gas. [Sec. 2, RA 5092].
shares. [Diaz, Bus. Law Rev., 1991 Ed.,
p. 250]. Born out of wedlock. Born of parents
who were not married at the time of
Bookie. A person, who without any birth. [Duhaime's Legal Dict., 2004].
license therefor, operates outside the
compounds of racing clubs and accepts Borrowing power of the President.
bets from the public. They pay dividends The power of the President to contract

72
or guarantee foreign loans on behalf of Bouncing Check Law violation

the Republic of the Philippines, with the Elements: (a) The making, drawing and
prior concurrence of the Monetary issuance of any check of apply to
Board, and subject to such limitations as account or for value; (b) the knowledge
may be provided by law. [Sec. 20, Art. of the maker, drawer or issuer that at
VII, 1987 Const.]. the time of issue he does not have
sufficient funds in or credit with the
Borrowing statute. Conf. of Laws. 1. A drawee bank for the payment of such
statute (which) has the practical effect check in full upon its presentment; and
of treating the foreign statute of (c) subsequent dishonor of the check by
limitation as one of substance. [Agpalo, the drawee bank for insufficiency of
Conflict of Laws, p. 6, citing Goodrich, funds or credit or dishonor for the same
Conflict of Laws 152-153 (1938)]. 2. A reason had not the drawer, without any
(statute which) directs the state of the valid cause, ordered the bank to stop
forum to apply the foreign statute of payment. [People v. Laggui, 171 SCRA
limitations to the pending claims based 305].
on a foreign law. [Ibid., Siegel, Conflicts
183 (1975)]. Boundary rivers. Intl. Law. Rivers which
divide the territories of states, like the
Bottle-feeding. The method of feeding St. Lawrence River between the United
an infant using a bottle with artificial States and Canada. [Cruz, Intl. Law
nipples, the contents of which can be Reviewer, 1996 Ed., p. 61].
any type of fluid. [Sec. 3, RA 7600].
Boundary system. 1. The prevalent,
Bottomry loan. A contract in the nature persistent and accepted mode or
of a mortgage, by which the owner of a contractual relationship between
ship borrows money for the use, operators and drivers of public utilities
equipment or repair of the vessel, and providing land transportation services,
for a definite term and pledges the ship particularly mini-buses, jeepneys and
as a security of its repayment, with taxis. [Whereas clause, LOI 853]. 2.
maritime or extraordinary interest on An employer-employee relationship
account of the maritime risks to be existing between a jeepney-owner and a
borne by the lender, it being stipulated driver (under which) the driver does not
that if the ship be lost in the course of receive a fixed wage but gets only the
the specific voyage, or during the excess of the amount of fares collected
limited time by any of the perils by him over the amount he pays to the
enumerated in the contract, the lender jeep-owner, and the gasoline consumed
shall also lose his money. [Tiopianco, by the jeeps is for the account of the
Commentaries and Jurisp. on the Ins. driver. [Magboo v. Bernardo, GR L-
Code of the Phil., 1999 Ed., p. 103, 16790. Apr. 30, 1963].
citing Blacks Law Dict.].
Boycott. Any activity on the part of a
Boulwareism. Labor. A take-it-or-leave- labor organization whereby it is sought
it bargaining attitude of the through concerted action, other than by
management introduced by L. R. reason of lawful competition, to obtain
Boulware of Gen. Electric Co. (US). This withdrawal of public patronage from one
type of bargaining is expressly in business. [Burke v. Adams Dairy, 352
prohibited under the law for the parties US 969].
are required to bargain collectively and
in good faith. [Poquiz, Labor Rel. Law, Branch. Unit or part of a company. It is
1999 Ed. p. 179]. not separately incorporated. [Intl. Law
Bouncing Check Law. BP 22 entitled
An Act penalizing the making or Branch and subdivision of the
drawing and issuance of a check without government. Admin. Law. Under Art
sufficient funds or credit and for other IX (B) of the 1987 Const. And Sec. 2 of
purposes enacted on Apr. 3, 1979. the Rev. Admin. Code, the corporate
entity through which the functions of
the government are exercised, whether

73
pertaining to the central government or Breastmilk substitute. Any food being

to the provincial or municipal branches marketed or otherwise represented as a
or other forms of local government. partial or total replacement for
[Morenos Law Dict., 2000 Ed., p. 54]. breastmilk, whether or not suitable for
that purpose. [Sec.4, EO 51, Oct. 20,
Brand name. The proprietary name 1986].
given by the manufacturer to distinguish
its product from those of competitors. Brevi manu, traditio. See Traditio
[Sec. 3, RA 6675]. brevi manu.
Braza. Sp. 1. About two (2) yards. [US v. Brief. 1. The word is derived from the
Ramos, GR 10832. Dec. 11, 1916]. 2. Latin word brevis, and the French brief,
Equal to 1.6718 meters. [People v. and literally means a short or condensed
Panaligan, GR L-17603. Mar., 1922]. statement. The purpose of the brief is to
present to the court in concise form the
Breach. The breaking or violating of a point and questions in controversy, and
law, right, or duty, either by commission by fair argument on the facts and law of
or omission. The failure of one part to the case, to assist the court in arriving
carry out any condition of a contract. at a just and proper conclusion. The
[Glossary of Legal Terms (Pro-Se), brief should be so prepared as to
2004]. minimize the labor of the court in
examination of the record upon which
Breach of contract. 1. The failure to do the appeal is heard and determined. It
what one promised to do under a is, certainly, the vehicle of counsel to
contract. Proving a breach of contract is convey to the court the essential facts
a prerequisite of any suit for damages of his client's case, a statement of the
based on the contract. [Duhaime's Legal questions of law involved, the law he
Dict., 2004]. 2. An unjustified failure to should have applied, and the application
perform when performance is due. he desires made of it by the court.
[Glossary of Legal Terms (Pro-Se), [Casilan v. Chavez, GR L-17334. Feb.
2004]. 28, 1962, citing Comments on the Rules
of Court, Vol. 1, 1957 Ed., p. 711]. 2. A
Breach of promise to marry. Generally, written argument by counsel arguing a
a breach of promise to marry per se is case, which contains a summary of the
not actionable, except where the facts of the case, pertinent laws, and an
plaintiff has actually incurred expenses argument of how the law applies to the
for the wedding and the necessary fact situation. Also called a
incidents thereof. The award of moral Memorandum of law. [Glossary of Legal
damages is allowed in cases specified in Terms (Pro-Se), 2004].
or analogous to those provided in Art.
2219 of the Civil Code and under Art. 21 Brief substitution. The substitution of
of said Code, in relation to par. 10 of two or more persons for one heir. [Art.
said Art. 2219. [Buag v. CA, GR 860, CC].
101749. July 10, 1992].
Brigandage. Essential elements: (a) that
Breach of trust. Any act or omission on there are at least four persons in the
the part of the trustee which is gang; (b) that each and everyone of
inconsistent with the terms of the trust them is armed; and (c) that the purpose
agreement or the law of trusts. for which the offenders have grouped
[Duhaime's Legal Dict., 2004]. together is to commit robbery in the
highway or to kidnap persons for
Breastfeeding. The method of feeding extortion or ransom or for any other
an infant directly from the human purpose to be attained by force or
breast. [Sec. 3, RA 7600]. violence. [Morenos Law Dict., 2000 Ed.,
p. 55]. See Highway robbery.
Breastmilk. The human milk from a
mother. [Sec. 3, RA 7600]. Brigands. Also Highway robbers. More
than three armed persons who form a
band of robbers for the purpose of

74
committing robbery in the highway, or

kidnapping persons for the purpose of Buangon. Vis. Mentally defective.
extortion or to obtain ransom or for any [People v. Canillo, GR 106579. Aug. 30,
other purpose to be attained by means 1994].
of force and violence. [Art. 306, RPC].
Budget. A financial plan required to be
Broadcasting. The transmission by prepared pursuant to Sec. 16 (1) , Art.
wireless means for the public reception VIII of the Constitution, reflective of
of sounds or of images or of national objectives, strategies and
representations thereof; such programs. [Sec. 2, Chap. 1, Book VI, EO
transmission by satellite is also 292].
Broadcasting where the means for
decrypting are provided to the public by Budget accountability. The fourth
the broadcasting organization or with its phase (in the government budgeting
consent. [Sec. 202, RA 8293]. process which) refers to the evaluation
of actual performance and initially
Broadcasting organization. A natural approved work targets, obligations
person or a juridical entity duly incurred, personnel hired and work
authorized to engage in broadcasting. accomplished are compared with the
[Sec. 202, RA 8293]. targets set at the time the agency
budgets were approved. [Guingona, Jr.
Broker. 1. A person engaged in the v. Carague, GR 94571. Apr. 22, 1991].
business of buying and selling securities
for the account of others. [Sec. 3, RA Budgetary power of the President.
8799]. 2. One who is engaged, for The power of the President to submit to
others, on a commission, negotiating the Congress within thirty days from the
contracts relative to property with the opening of the regular session, as the
custody of which he has no concern; the basis of the general appropriations bill,
negotiator between other parties, never a budget of expenditures and sources of
acting in his own name, but in the name financing, including receipts from
of those who employed him; he is existing and proposed revenue
strictly a middleman and for some measures. [Sec. 22, Art. VII, 1987
purposes the agent of both parties. Const.].
[Kuenzle & Streiff v. Comm. of Int. Rev.,
GR L-17648, Oct. 31, 1964]. Budget document. The instruments
used by the budget-making authority to
Bronchogenic carcinoma. 1. Cancer of present a comprehensive financial
the lungs. [Jimenez v. ECC, GR L-58176. program to the appropriating body.
Mar. 23, 1984]. 2. The commonest [Sec. 14, PD 477].
primary malignant tumor of the lung
and it is rapidly fatal if untreated. It is Budget execution. Tasked on the
predominantly a disease of the male Executive, the third phase of the budget
sex, about 90% of all tumors occurring process (which) covers the various
in men. In this sex, it is the commonest operational aspects of budgeting. The
cause of death from cancer. [Latagan v. establishment of obligation authority
ECC. GR 55741. Sep. 11, 1992]. ceilings, the evaluation of work and
financial plans for individual activities,
Browser. Computer software program for the continuing review of government
accessing and viewing the World Wide fiscal position, the regulation of funds
Web. [Intl. Law Dict. & Direct., 2004]. releases, the implementation of cash
payment schedules, and other related
Bruha. Tag. A vernacular word meaning activities comprise this phase of the
witch. [Morenos Law Dict., 2000 Ed., p. budget cycle. [Guingona, Jr. v. Carague,
56]. GR 94571. Apr. 22, 1991].
Buang. Vis. 1. Foolish or stupid. Budgeting process. Steps: The

[Montecillo v. Gica, GR L-36800. Oct. government budgeting process consists
21, 1974]. 2. Insane. [People v. Havana. of four major phases: (a) budget
GR 68033. July 31, 1991]. preparation; (b) legislative

75
authorization; (c) budget execution; and Builder in bad faith. A builder who
(d) budget accountability. [Guingona, Jr. builds knowing that the land does not
v. Carague, GR 94571. Apr. 22, 1991]. belong to him and he has no right to
build thereon. [Morenos Law Dict., 2000
Budget preparation. The first step (in Ed., p. 57].
the government budgeting process
which) is essentially tasked upon the Builder in good faith. One who is
Executive Branch and covers the unaware of any flaw in his title to the
estimation of government revenues, the land at the time he builds on it. [Bishop
determination of budgetary priorities v. CA, GR 86787. May 8, 1992].
and activities within the constraints
imposed by available revenues and by Building. A generic term for all
borrowing limits, and the translation of architectural work with roof, built for the
desired priorities and activities into purpose of being used as a mans
expenditure levels. (It) starts with the dwelling, or for offices, clubs, theaters,
budget call issued by the Department of etc. A warehouse is not a building.
Budget and Management. Each agency [Tolentino, Civil Code of the Phil., Vol.
is required to submit agency budget II, Repr. 2001, p. 107, citing Phil. Sugar
estimates in line with the requirements Estate Devt. V. Poizat, 48 Phil. 536].
consistent with the general ceilings set
by the Development Budget Build-lease-and-transfer. A contractual
Coordinating Council (DBCC). arrangement whereby a project
[Guingona, Jr. v. Carague, GR 94571. proponent is authorized to finance and
Apr. 22, 1991]. construct an infrastructure or
development facility and upon its
Buffer fund. A contingent fund in the completion turns it over to the
budget of the implementing agency government agency or local government
which shall not be used in its normal or unit concerned on a lease arrangement
regular operations but only for purposes for a fixed period after which ownership
provided for in RA 7581. [Sec. 3, RA of the facility is automatically
7581]. transferred to the government agency
or local government unit concerned.
Buffer zones. Identified areas outside [Sec. 2, RA 7718].
the boundaries of and immediately
adjacent to designated protected areas Build-Operate-And-Transfer Law. RA
pursuant to Sec. 8 of RA 7586 that need 6957 entitled An Act authorizing the
special development control in order to financing, construction, operation and
avoid or minimize harm to the protected maintenance of infrastructure projects
area. [Sec. 4, RA 7586]. by the private sector, and for the other
purposes enacted on July 9, 1990.
Build-and-transfer. A contractual
arrangement whereby the project Build-operate-and-transfer. A
proponent undertakes the financing and contractual arrangement whereby the
construction of a given infrastructure or project proponent undertakes the
development facility and after its construction, including financing, of a
completion turns it over to the given infrastructure facility, and the
government agency or local government operation and maintenance thereof. The
unit concerned, which shall pay the project proponent operates the facility
proponent on an agreed schedule its over the fixed term during which it is
total investments expended on the allowed to charge facility users
project, plus a reasonable rate of return appropriate tools, fees, rentals, and
thereon. This arrangement may be charges not exceeding those proposed
employed in the construction of any in its bid or as negotiated and
infrastructure or development project, incorporated in the contract to enable
including critical facilities which, for the project proponent to recover its
security or strategic reasons, must be investment, and operating and
operated directly by the Government. maintenance expenses in the project.
[Sec. 2, RA 7718; Sec. 2, RA 6957]. The project proponent transfers the
facility to the government agency or

76
local government unit concerned at the equipment. [Suggested answer to Bar

end of the fixed term which shall not 1947; 1958, cited in Miravite, Bar
exceed fifty (50) years: Provided, That Review Materials in Comm. Law, 12th
in case of an infrastructure or Ed., (2002), p. 18]. 2. The acquisition of
development facility whose operation all or a greater part of stock and fixtures
requires a public utility franchise, the of a business in a manner other than in
proponent must be Filipino or, if a the ordinary course of its business.
corporation, must be duly registered [Torres, Oblig. & Cont., 2000 Ed., p.
with the SEC and owned up to at least 348].
sixty percent (60%) by Filipinos. [Sec. 2,
RA 7718; Sec. 2, RA 6957]. Bulk Sales Law. Act 3952, as amended
by RA 111, which regulates the sale,
Build-own-and-operate. A contractual transfer, mortgage or assignment of
arrangement whereby a project goods, wares, merchandise, provisions
proponent is authorized to finance, or materials, in bulk. [Miravite, Bar
construct, own, operate and maintain an Review Materials in Comm. Law, 12th
infrastructure or development facility Ed., (2002), p. 18].
from which the proponent is allowed to
recover its total investment, operating Bum check. A worthless check or a
and maintenance costs plus a check that is dishonored upon its
reasonable return thereon by collecting presentment for payment. [People v.
tolls, fees, rentals or other charges from Laggui, GR 76262-63. Mar. 16, 1989].
facility users. [Sec. 2, RA 7718].
Bumping-off. Refusal to carry or
Build-transfer-and-operate. A transport a passenger. [Lufthansa
contractual arrangement whereby the German Airlines v. CA GR 83612. Nov.
public sector contracts out the building 24, 1994].
of an infrastructure facility to a private
entity such that the contractor builds Bumubuwis. Tag. Lessee. [Morenos Law
the facility on a turn-key basis, Dict., 2000 Ed., p. 58].
assuming cost overrun, delay, and
specified performance risks. [Sec. 2, RA Burden of evidence. Logical necessity
7718]. on a party during a particular time of
the trial to create a prima facie case in
Bulimia nervosa. A disorder his favor or to destroy that created
characterized by repeated episodes of against him by presenting evidence.
binge eating followed by purging (self- [Claridades, A., Compilation of Notes,
induced vomiting or taking laxatives, 2001-2006].
diuretics, or both), rigorous dieting or
excessive exercising to counteract the Burden of proof. 1. A rule of evidence
effects of bingeing. [Olarte, Legal Med., that makes a person prove a certain
1st Ed. (2004), p. 139]. Compare with thing or the contrary will be assumed by
Anorexia nervosa. the court. For example, in criminal trials,
the prosecution has the burden of
Bulkhead. Structure serving to divide proving the accused guilt because
land and water areas. [Sec. 4 (g), RA innocence is presumed. [Duhaime's
7621]. Legal Dict., 2004]. 2. In the law of
evidence, the necessity or duty of
Bulkhead line. The limiting line beyond affirmatively proving a fact or facts in
which no bulkheads or solid fill may be dispute on an issue raised between the
extended. [Sec. 3, RA 4663]. parties in a lawsuit. The responsibility of
proving a point (the burden of proof). It
Bulk sale. Also Sale in bulk. 1. A sale is deals with which side must establish a
considered to be in bulk: (a) when the point or points. [Glossary of Legal
sale, transfer or disposition is other than Terms (Pro-Se), 2004].
in the ordinary course; (b) when the
sale is of all or substantially all of the Bureau. Any principal subdivision or unit
business; and (c) when the sale is of all of any department. This shall include
or substantially all of the fixtures and any principal subdivision or unit of any

77
instrumentality given or assigned the Business goodwill. The advantage

rank of a bureau, regardless of actual acquired by any product or services
name or designation, as in the case of because of general encouragement and
department-wide regional offices. [Sec. patronage of the public. This is
2, Admin. Code of 1987]. generated when the client-public regard
favorably the product or services turned
Burglary. The act of illegal entry with the out by the business concern. [Morenos
intent to steal. [Glossary of Legal Terms Law Dict., 2000 Ed., p. 59]. See also
(Pro-Se), 2004]. Company goodwill and Goodwill.
Burial. Interment of remains in a grave, Business income. The earnings or

tomb or the sea. [Sec. 89, PD 856]. profits made by companies. [Intl. Law
Burial grounds. Cemetery, memorial
park of any place duly authorized by law Business Name Law. Act 3883 entitled
for permanent disposal of the dead. An Act to regulate the use in business
[Sec. 89, PD 856]. transactions of names other than true
names, prescribing the duties of the
Burning one's own property as Director of the Bureau of Commerce and
means to commit arson. Crim. Law. Industry in its enforcement, providing
The felony committed by any person penalties for violation thereof, and for
guilty of arson or causing great other purposes enacted on Nov. 14,
destruction of the property belonging to 1931.
another, even though he shall have set
fire to or destroyed his own property for Business tax. A tax imposed by the
the purposes of committing the crime. municipality on business, under Art. 143
[Art. 325, RPC]. of RA 7160 or the Local Govt. Code of
1991. [Claridades, A., Compilation of
Bus. A motor vehicle of any configuration Notes, 2001-2006].
with gross vehicle weight of 4.0 tons or
more with any number of wheels and Butterfly. Butterfly-shaped pyrotechnic
axles, which is generally accepted and device designed to lift above ground
specially designed for mass or public while providing light. [Sec. 2. A. (10),
transportation. [RA 9224]. RA 7183].
Business. Trade or commercial activity Buwisan. Tag. Tract of land (especially

regularly engaged in as a means of rice land) leased under a cropsharer.
livelihood or with a view to profit. [Sec. [Magno-Adamos v. Bagasao, GR L-
131, RA 7160]. 63671. June 28, 1988, citing
Panganiban Diksyunaryo Tesauro
Business agent. Also Agente de Pilipino-Ingles, p. 207].
negocios. All persons who act as agent
of others in the transaction of business Buy and purchase. Any contract to buy,
with any public officer, as well as those purchase, or otherwise acquire for a
who conduct collecting, advertising, valuable consideration a subdivision lot,
employment, or private detective including the building and other
agencies. [Sec. 1, PD 426]. improvements, if any, in a subdivision
project or a condominium unit in a
Business enterprise. Industrial, condominium project. [Sec. 2, PD 957].
agricultural, or agro-industrial
establishments engaged in the Buy and sell. The transaction whereby
production manufacturing, processing, one purchases used secondhand articles
repacking, or assembly of goods, for the purpose of resale to third
including service-oriented enterprises, persons. [IRR, Sec. 6, PD 1612].
duly certified as such by appropriate
government agencies. [Sec. 4, RA Buy-bust operation. 1. A form of
6971]. entrapment employed by peace officers
to catch a malefactor in flagrante
delicto. 2. The employment of such

78
ways and means for the purpose of

trapping or capturing a law breaker.
[People v. Yumang, GR 94977. May 17,
1993].
Buyer. Anyone who purchases anything

for money. [Tejada v. Homestead
Property Corp. GR 79622. Sep. 29, -C-
1989].
C & F. See Cost and freight.
Buyer in good faith and for value. See
Purchaser in good faith and for CA. Court of Appeals.
value.
Cabalieriza. A stable; a horse shed.
By-bidding. See Puffing. [Morenos Law Dict., 2000 Ed., p. 61].
By-laws or bylaws. Corp. Law. 1. The Cabaret or dance hall. Any place or
rules of action adopted by a corporation establishment where dance is permitted
for its internal government and for the to the public in consideration of any
regulation of conduct which prescribe admission, entrance, or any other fee
the rights and duties of its stockholders paid on, before or after the dancing,
or members towards itself and among and where professional hostesses or
themselves in reference to the dancers are employed. [Sec. 1, PD 426].
management of its affairs. [Claridades,
A., Compilation of Notes, 2001-2006]. 2. Cabo. 1. A person or group or persons or
Rules or laws adopted by an association to a labor group which, in the guise of a
or corporation to govern its actions. labor organization, supplies workers to
[Glossary of Legal Terms (Pro-Se), an employer, with or without any
2004]. monetary or other consideration
whether in the capacity of an agent of
By-product or derivatives. Any part the employer or as an ostensible
taken or substance extracted from independent contractor. [Sec. 1, Rule 1,
wildlife, in raw or in processed form. Book 5, IRR of LC]. 2. A collector of bets
This includes stuffed animals and from other collectors relative to the
herbarium specimens. [Sec. 5, RA game of jueteng. [Morenos Law Dict.,
9147]. 2000 Ed., p. 61]. 3. Labor contractor.
[Ibid.].
Bystander rule. Labor. The rule that a
certification election is the sole concern Cadastral proceeding. A land
of the workers and the employer is registration proceeding instituted by the
regarded as nothing more than a government which does not assert
bystander with no right to interfere at all ownership over the land but merely
in the election. The only exception here provokes the issue for the settlement
is where the employer has to file a and adjudication of power. [Claridades,
petition for certification election A., Compilation of Notes, 2001-2006].
pursuant to Art. 258 of the Labor Code
because it is requested to bargain Cadastral survey. A numerical survey to
collectively. [Phil. Fruits and Vegetable which the entire area of the municipality
Ind., Inc. v. Torres, GR 92391. July 3, is subjected and which results in the
1992]. preparation of complete survey returns
and technical descriptions of individual
lots necessary for registration purposes.
[Dir. of Lands v. Sec. of ENR, GR 79684.
Feb. 19, 1991]. Compare with Mapping
projects.
Cadet. In maritime parlance, a trainee

working to gain a merchant marine

79
license (e.g., for third mate). [Morenos cancelled, or paid, or drawing of

Law Dict., 2000 Ed., p. 62]. criss-cross lines across the instrument.
It may be made by any other means by
Cadet room. A plain room in a ship to which the intention to cancel the
accommodate a cadet or trainee instrument may be evident. [Claridades,
working for a merchant marine license, A., Compilation of Notes, 2001-2006].
furnished with simple facilities.
[Morenos Law Dict., 2000 Ed., p. 62]. Cancellation proceeding. The process
leading to the revocation of the
Caduciary rights. Conf. of Laws. 1. The registration certificate of a labor
right of the state to claim through organization after due process. [Sec. 1,
escheat proceedings the properties of Rule 1, Book 5, IRR of LC].
decedents who are not survived by any
heirs. [Paras, Phil. Conflict of Laws, 8th Cancer. Derived from the Latin word
Ed. (1996), p. 329]. 2. The claims of the Cancer which means Crab; in the
sovereign or other public authority of a medical sense, it refers to a malignant,
country in which the deceaseds usually fatal, tumor or growth. [Vda. De
property is situated to that property on Laron v. WCC, GR L-43344. Sep. 29,
failure of all persons entitled to claim 1976, citing Schmidt's Atty.s Dict. of
under the appropriate law. [Ibid., citing Med., 1965 Sup. 143].
Graveson, Conflict of Laws, p. 324].
Candela. The base unit of luminous
Calendar. A list of cases scheduled for intensity which is the luminous intensity,
hearing in court. [Glossary of Legal in the perpendicular direction, of a
Terms (Pro-Se), 2004]. surface of 1/600 000 square metre of a
blackbody at the temperature of
Calendar year. It shall cover the period freezing platinum under a pressure of
from January 1 to December 31. [Sec. 101 325 newtons per square metre.
1, EO 206, June 30, 1987]. Compare [Sec. 4, BP 8].
with Fiscal year.
Candidate. Pol. Law. A person who
Calvo clause. Intl. Law. A stipulation by actually submits himself and is voted for
virtue of which an alien waives or at our election. [Santos v. Miranda, 35
restricts his right to appeal to his own Phil. 643, 648 (1916) citing State v.
state in connection with any claim Hirsch, 125 Ind., 207; 9 L.R.A. 107;
arising from a contract with a foreign Moreno, Phil. Law Dict., 1972 2nd Ed., p.
state and limits himself to the remedies 84)
available under the laws of that state.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. Cannabis. Commonly known as
110]. Marijuana or Indian Hemp or by its
any other name. The term embraces
Camino vecinal. Sp. A municipal road every kind, class, genus, or specie of
(and) also property for public use. [Sps. the plant Cannabis sativa L. including,
Pilapil v. CA, GR 97619. Nov. 26, 1992.] but not limited to, Cannabis americana,
hashish, bhang, guaza, churrus and
Camison. Sp. Underwear. [People v. ganjab, and embraces every kind, class
Gamao, GR L-19347. Feb. 27, 1968]. and character of marijuana, whether
dried or fresh and flowering, flowering
Camison de bao. Sp. A chemise. or fruiting tops, or any part or portion of
[Morenos Law Dict., 2000 Ed., p. 62]. the plant and seeds thereof, and all its
geographic varieties, whether as a
Campaign. A connected series of reefer, resin, extract, tincture or in any
operations to bring about some desired form whatsoever. [Sec 3, RA 9165].
result. [Gonzales v. Comelec, GR L-
27833. Apr. 18, 1969]. Canon law. The law of the Christian
Church. Has little or no legal effect
Cancellation. It includes the act of today. Canon law refers to that body of
tearing, erasing, obliterating, or burning. law which has been set by the Christian
It is not limited to writing the word Church and which, in virtually all places,

80
is not binding upon citizens and has Pictures v. CA, GR 110318. Aug. 28,
virtually no recognition in the judicial 1996]. Compare with Personality to
system. [Duhaime's Legal Dict., 2004]. sue, lack of.
Also known as Ecclesiastical law.
Capataz. Sp. Supervisor of the hacienda.
Canopy or marquee. A permanent [Morenos Law Dict., 2000 Ed., p. 62].
roofed structure above a door attached
to and supported by the building and Capias ad satisfaciendum. Lat. That
projecting over a wall or sidewalk. This you take to satisfy. At common law, the
includes any object or decoration writ through which money judgments
attached thereto. [Sec. 1203, PD 1096]. arising from actions for the recovery of
a debt or for damages from breach of a
Canvass, sealed. One wherein an offer contract could be enforced against the
is received by the authorized official in a person or body of the debtor. By means
sealed envelope or the like. [IRR on of this writ, a debtor could be seized
Supply & Prop. Mgt., per Sec. 383, and imprisoned at the instance of the
LGC]. creditor until he makes the satisfaction
awarded. [Lozano v. Martinez, GR L-
Capability building. The process of 63419. Dec. 18, 1986].
enhancing the viability and sustainability
of micro finance institutions through Capital. Corp. Law. 1. A fund of property
activities that include training in micro existing at an instant of time. [Madrigal
finance technologies, upgrading of v. Rafferty, 38 Phil. 414, Aug. 7, 1918].
accounting and auditing systems, 2. It is used broadly to indicate the
technical assistance for the installation entire property or assets of the
or improvement of management corporation. It includes the amount
information systems, monitoring of invested by the stockholders plus the
loans and other related activities. [Sec. undistributed earnings less losses and
3, RA 8425]. expenses. In the strict sense, the term
refers to that portion of the net assets
Capacity. 1. Under the law, the ability of paid by the stockholders as
a person to take a recognized legal consideration for the shares issued to
action. Also, it is the natural power or them which is utilized for the
competency to perform an act, as prosecution of the business of the
capacity to contract, etc. [Torres, Oblig. corporation. [De Leon, Corp. Code of
& Cont., 2000 Ed., p. 348]. 2. A legal the Phil. Annotated, 1989 Ed., p. 54].
qualification (e.g., age) that determines Compare with Capital stock and Legal
if one is capable, under the law, of capital.
entering into a legal relationship, for
instance, entering into a binding Capital assets. Property held by the
contract. [Tetley, Glossary of Conflict of taxpayer (whether or not connected
Laws, 2004]. 3. Having legal authority with his trade or business), but does not
or mental ability. Being of sound mind. include stock in trade of the taxpayer or
[Glossary of Legal Terms (Pro-Se), other property of a kind which would
2004]. properly be included in the inventory of
the taxpayer if on hand at the close of
Capacity to act. The power to do acts the taxable year, or property held by the
with legal effect. [Art. 37, CC]. Compare taxpayer primarily for sale to customers
with Juridical capacity. in the ordinary course of his trade or
business, or property used in the trade
Capacity to sue. See Legal capacity to or business, of a character which is
sue. subject to the allowance for
depreciation; or real property used in
Capacity to sue, lack of. A plaintiff's trade or business of the taxpayer. [Sec.
general disability to sue, such as on 39, NIRC, as amended].
account of minority, insanity,
incompetence, lack of juridical Capital expenditures. See Capital
personality or any other general outlays.
disqualifications of a party. [Columbia

81
Capital gains. Increases in the value of Capital punishment. The most severe
capital or other long-term investments. of all sentences: that of death.
[Intl. Law Dict. & Direct., 2004]. [Duhaime's Legal Dict., 2004]. Also
known as the Death penalty.
Capital investment. The capital which a
person employs in any undertaking, or Capital stock. Corp. Law. The amount
which he contributes to the capital of a fixed in the articles of incorporation to
partnership, corporation, or any other be subscribed and paid in or agreed to
juridical entity or association in a be paid in by the shareholders of a
particular taxing jurisdiction. [Sec. 131, corporation in money, property,
RA 7160]. services, or other means, at the
organization of the corporation or
Capitalist. See Financier. afterwards and upon which it is to
conduct its business, such contributions
Capitalist partner. The partner who being made either directly through stock
contributes money or property to the subscription or indirectly through the
partnership. [Suarez, Intro. to Law, declaration of stock dividends. [De
1995, 3rd Ed., p. 120]. Compare with Leon, Corp. Code of the Phil. Annotated,
Industrial partner. 1989 Ed., p. 52]. Compare with
Capital.
Capitalization. 1. Paid-up capital, in the
case of a corporation, and total invested Capitation. A payment mechanism
capital, in the case of a partnership or where a fixed rate, whether per person,
single proprietorship. [IRR, RA 6727; family, household or group, is
Sec. 1, Rule 7, Book 3, IRR of LC]. 2. negotiated with a health care provider
That which represents the total amount who shall be responsible in delivering or
of the various securities issued by a arranging for the delivery of health
corporation. It may include bonds, services required by the covered person
debentures, preferred and common under the conditions of a health care
stock and surplus. [Luzon Polymers provider contract. [Sec. 1, RA 9241].
Corp. v. Clave, GR L-51009. June 10,
1992, citing Black's Law Dict., 5th Ed., p. Capitation or poll taxes. Taxes of a
190]. fixed amount upon all persons, or upon
all the persons of a certain class,
Capital offense. An offense which, resident within a specified territory,
under the law existing at the time of its without regard to their property or the
commission, and at the time of the occupations in which they may be
application to be admitted to bail, may engaged. [Villanueva v. City of Iloilo, GR
be punished with death. [Sec. 4, Rule L-26521. Dec. 28, 1968, citing 51 Am.
114, RoC]. Jur. 66-67].
Capital outlays. Also Capital Capitulation. Intl. Law. The surrender of

expenditures. 1. An appropriation for military troops, forts or districts in
the purchase of goods and services, the accordance with the rules of military
benefits of which extend beyond the honor. [Cruz, Intl. Law Reviewer, 1996
fiscal year and which add to the assets Ed., p. 144].
of the Government, including
investments in the capital of Captain-of-the-ship doctrine. The
government-owned or controlled doctrine under which a surgeon is
corporations and their subsidiaries. [Sec. likened to a captain of the ship in that it
2, Chap. 1, Book VI, EO 292]. 2. The is duty to control everything going on in
purchase of goods and services of a life- the operating room. [Ramos v. CA, GR
expectancy extending beyond the fiscal 124354, Apr. 11, 2002].
year and which add to the assets of the
local government concerned, except Caption. 1. The part of a pleading that
furniture and normal government sets forth the name of the court, the
operations. [Sec. 14, PD 477]. title of the action, and the docket
number if assigned. [Sec. 1, Rule 7,
RoC]. 2. Heading or introductory party

82
of a pleading. [Glossary of Legal Terms replacement parts, appurtenances

(Pro-Se), 2004]. accessories, articles, supplies and
materials thereof. [Sec. 3, RA 9295].
Captive-breeding, culture or
propagation. The process of producing Cargo sales agent. Any person who
individuals under controlled conditions does not directly operate an aircraft for
or with human interventions. [Sec. 5, RA the purpose of engaging in air
9147]. transportation or air commerce and not
a bonafide employee of an air carrier,
Captive market. Electricity end-users who, as principal or agent, sells or offers
who do not have the choice of a for sale any air transportation of cargo,
supplier of electricity, as may be or negotiates for, or holds himself out
determined by the Energy Regulatory by solicitation, advertisement, or
Commission (ERC) in accordance with otherwise as one who sells, provides,
RA 9136. [Sec. 4, RA 9136]. furnishes, contracts or arranges for,
such air transportation of cargo. [Sec. 1,
Cardiac tamponade. Mechanical PD 1462].
compression of the heart by large
amounts of fluid or blood within the Carinderia. 1. Any public eating place
pericardial space that limits the normal where foods already cooked are served
range of motion and function of the at a price. [Sec. 1, PD 426]. 2. A modest
heart. [People v. Tena, GR 100909. Oct. cafeteria. [Dentech Mfg. Corp. v. NLRC,
21, 1992, citing Webster's 3rd New Intl. GR 81477. Apr. 19, 1989].
Dict.].
Carnal knowledge. The act of a man
Care. The proper use and maintenance of having sexual bodily connections with a
supplies or property; the act of giving woman; sexual intercourse. [People v.
attention, interest and safety to supplies Alib, GR 100232. May 24, 1993, citing
or property. [IRR on Supply & Prop. Black's Law Dict., 5th Ed., 193].
Mgt., per Sec. 383, LGC].
Carnapping. The taking, with intent to
Cargo. 1. The entire lading of the ship gain, of a motor vehicle belonging to
which carries it and includes all goods, another without the latter's consent, or
wares, merchandise, effects, and indeed by means of violence against or
everything of every kind or description, intimidation of persons, or by using
found on board, except such things as force upon things. [Sec. 2, RA 6539].
are used or intended for use in
connection with the management or Carriage of Goods by Sea Act
direction of the vessel, and are not (COGSA). US Public Act 521 which was
intended for delivery at any port of call, made applicable to all contracts for the
and except also, perhaps, passengers or carriage of goods by sea to and from
immigrants and their baggage. [US v. Philippine ports in foreign trade by CA
Steamship Rubi, GR 9235. Nov. 17, 65, enacted on Oct. 22, 1936. [Sea-
1915]. 2. All goods, wares, and Land Service v. IAC, GR 75118. Aug. 31,
merchandise aboard ship which do not 1987].
form part of the ship's stores. [US v.
Steamship Islas Filipinas (28 Phil. 291), Carriage or transportation contract.
citing Sec. 77 of Act 355]. A contract whereby a person, natural or
juridical, obligates to transport persons,
Cargo handling equipment. Any goods, or both, from one place to
machinery, gear or equipment used by another, by land, air or water, for a
the ship operator or a duly authorized price or compensation. It is a
and licensed port operator to service or relationship which is imbued with public
handle cargo, on board the vessel at the interest. [Claridades, A., Compilation of
port or in the terminal or container yard Notes, 2001-2006].
such as, but not limited to cranes,
forklifts, top lifts, stackers, tractor Carrier. Any sort or craft or other
heads, containers, pallet boards and the artificial contrivance used, capable of
like, including all spare parts,

83
being used as means of transportation contributes a large part of the legal

in land, water or air. [Sec. 2, PD 1433]. rules which apply in modern society.
The word jurisprudence has become
Carrying capacity. The capacity of synonymous for case law. [Duhaime's
natural and human environments to Legal Dict., 2004]. 2. Law established by
accommodate and absorb change previous decisions of appellate courts,
without experiencing conditions of particularly the Supreme Court.
instability and attendant degradation. [Glossary of Legal Terms (Pro-Se),
[Sec. 3, RA 7942]. 2004]. See Stare decisis.
Carrying on business. (Pursuing) the Casero. Sp. Housekeeper. [US v.

occupation or employment as a Salaveria, GR 13678. Nov. 12, 1918].
livelihood or source of profit and it must
be a series of acts rather than the doing Cases. General term for an action, cause,
of a single act pertaining to the suit, or controversy, at law or in equity;
particular business. [Morenos Law Dict., questions contested before a court of
2000 Ed., p. 63]. justice. [Glossary of Legal Terms (Pro-
Se), 2004].
Cartel. Intl. Law. 1. An agreement to
regulate intercourse during war on such Cash. Money or its equivalent; usually
matters as postal and telegraphic ready money. Currency and coins,
communication, the reception of flags of negotiable checks, and balances in bank
truce, and the exchange of prisoners. accounts. That which circulates as
[Cruz, Intl. Law Reviewer, 1996 Ed., p. money. [Blacks Law Dict., Abr. 5th Ed.
142]. 2. A combination of independent (1983), p. 112].
business firms organized to regulate the
production, pricing and marketing of Cash dividend. That portion of profits
goods by its members. [Intl. Law Dict. & and surplus paid to stockholders by a
Direct., 2004]. corporation in the form of cash. [Blacks
Law Dict., Abr. 5th Ed. (1983), p. 113].
Cartelization. Any agreement, Compare with Stock dividend.
combination or concerted action by
refiners, importers and/or dealers, or Cashiers check. A check drawn by the
their representatives, to fix prices, cashier of a bank, in the name of the
restrict outputs or divide markets, either bank against the bank itself payable to
by products or by areas, or allocate the order of a third person. [Diaz, Bus.
markets, either by products or by areas, Law Rev., 1991 Ed., p. 380].
in restraint of trade or free competition,
including any contractual stipulation Cash on delivery (COD). A transaction
which prescribes pricing levels and profit that requires the buyer to pay for the
margins. [Sec. 11, RA 8479]. merchandise in cash when it is delivered
to him. [Torres, Oblig. & Cont., 2000
Cartel ship. Intl. Law. A vessel sailing Ed., p. 348].
under a safe conduct for the purpose of
carrying prisoners of war. [Cruz, Intl. Cash price. Also Delivered price. In
Law Reviewer, 1996 Ed., p. 142]. case of trade transaction, it is the
amount of money which would
Case. The claims of a litigant brought constitute full payment upon delivery of
before the court for determination by the property (except money) or service
such regular proceedings as are purchased at the creditor's place of
established by law or custom for the business. In the case of financial
protection or enforcement of rights, or transactions, cash price represents the
the prevention, redress or punishment amount received by the debtor upon
of wrongs. [Morenos Law Dict., 2000 consummation of the credit transaction,
Ed., p. 63]. net of finance charges collected at the
time the credit is extended, if any. [Art.
Case law. 1. The entire collection of 4, RA 7394].
published legal decisions of the courts
which, because of stare decisis,

84
Cash sales invoice. An invoice issued in necessary or desirable in the usual

the ordinary course of business business or trade of the employer.
transactions such as the purchase of [Poquiz, Labor Rel. Law, 1999 Ed. p.
goods from stores. The original of the 26]. See Regular employment.
invoice constitutes in itself a receipt
which is in the possession of the buyer if Casualty or accident insurance.
the goods are paid for. If not paid for, Insurance covering loss or liability
the original of the invoice is retained by arising from accident or mishap,
the storeowner. [Morenos Law Dict., excluding certain types of loss which by
2000 Ed., p. 64]. law or custom are considered as falling
exclusively within the scope of other
Cash-surrender value. The amount of types of insurance such as fire or
money the company agrees to pay the marine. [Sec. 174, IC].
policyholder if he surrenders it and
releases his claim upon it. [Tiopianco, Catadromous species. Freshwater
Commentaries & Jurisp. on the Ins. fishes which migrate to marine areas to
Code of the Phil., 1999 Ed., p. 183]. spawn. [Sec. 4, RA 8550].
Casing head petroleum spirit. Any Cataract immature. 1. An opacity of the

liquid hydrocarbon obtained from crystalline eye lens or of its capsule.
natural gas by separation or by any [Aguja v. GSIS, GR 84846. Aug. 5,
chemical or physical process. [Sec. 3, 1991, citing Dorland, Illustrated Med.
PD 87]. Dict., 24th Ed., 1965]. 2. Any cataract in
the beginning stages, or one which
Caso fortuito. Also Force majeure. affects only a part of the lens or its
Extraordinary events not foreseeable or covering. [Ibid., citing Maloy, Med. Dict.
avoidable, events that could not be for Lawyers, 2nd Ed., 1951].
foreseen, or which, though foreseen,
are inevitable. It is, therefore, not Catch ceilings. The annual catch limits
enough that the event should not have allowed to be taken, gathered or
been foreseen or anticipated, as is harvested from any fishing area in
commonly believed, but it must be one consideration of the need to prevent
impossible to foresee or to avoid. The overfishing and harmful depletion of
mere difficulty to foresee the happening breeding stocks of aquatic organisms.
is not impossibility to foresee the same [Sec. 4, RA 8550].
[Rep. v. Luzon Stevedoring Corp., 21
SCRA 279 (1967)]. Cattle. Domesticated quadrupeds such as
sheep, horses and swine, or to bovine
Castigo. Sp. Manhandling. [People v. animals such as cows, bulls and steers.
Padilla, GR 75508. June 10, 1994]. [People v. Nazareno, GR L-40037. Apr.
30, 1976, citing Merriam-Webster's 3rd
Casual condition. Civ. Law. 1. A New Int. Dict.].
condition which depends upon chance.
[Diaz, Bus. Law Rev., 1991 Ed., p. 11]. Cattle and dairy industry. The raising
2. A condition the fulfillment of which of cattle and the acquisition of breeding
depends exclusively upon chance and/or and dairy animals, equipment, materials
upon the will of a third person. [Jurado, and machineries directly connected with
Comments & Jurisp. on Succession, the industry, including the manufacture
1991 8th Ed., p. 223]. and processing of meat and dairy
products. [Sec. 2, RA 4095].
Casual employees. Those employed for
a short term duration to perform work Cattle rustling. The taking away by any
not related to the main line of the means, method or scheme, without the
business of the employer. [DOLE Policy consent of the owner/raiser, of any of
Instructions No. 20, S. 1977)]. the above-mentioned animals whether
or not for profit or gain, or whether
Casual employment. An employment committed with or without violence
where an employee is engaged to work against or intimidation of any person or
on an activity that is not usually force upon things. It includes the killing

85
of large cattle, or taking its meat or hide Cause of action. Elements: (a) A right in
without the consent of the owner/raiser. favor of the plaintiff by whatever means
[Sec. 2, PD 533]. and under whatever law it arises or is
created; (b) an obligation on the part of
Causal fraud. Also Dolo causante. 1. the named defendant to respect or not
Those deceptions or misrepresentations to violate such right; and (c) an act or
of a serious character employed by one omission on the part of such defendant
party and without which the other party violative of the right of the plaintiff or
would not have entered into the constituting a breach of the obligation of
contract. [Art. 1338, CC]. 2. A deception the defendant to the plaintiff [Baliwag
employed by one party prior to or Transit v. Ople, 171 SCRA 250 (1989)].
simultaneous to the contract in order to
secure the consent of the other. Causing undue injury to the
[Samson v. CA, GR 108245. Nov. 25, government. Elements: The elements
1994]. of Sec. 3 (e) of RA 3019 are as follows:
(a) That the accused are public officers
Causa liberalitatis. Lat. Liberal, or private persons charged in conspiracy
generous, or gratuitous cause or with them; (b) that said public officers
consideration. [Morenos Law Dict., commit the prohibited acts during the
2000 Ed., p. 65]. performance of their official duties or in
relation to their public positions; (c) that
Causation. Lat. Causa: Reason. The act they cause undue injury to any party,
or agency that produces an effect, whether the Government or a private
result, or consequence. [Intl. Law Dict. party; (d) that such injury is caused by
& Direct., 2004]. giving unwarranted benefits, advantage
or preference to such parties; and (e)
Cause. 1. Civ. Law. The essential or more That the public officers have acted with
approximate reason for entering into a manifest partiality, evident bad faith or
contract. [Diaz, Bus. Law Rev., 1991 gross inexcusable negligence. [Ponce de
Ed., p. 74]. 2. Verb. To be the cause or Leon v. Sandiganbayan, 186 SCRA 745
occasion of; to effect as an agent; to (1990)].
bring about; to bring into existence; to
make to induce; to compel. [Pecho v. Cave. Any naturally occurring void,
Sandiganbayan, GR 111399. Nov. 14, cavity, recess or system of
1994, citing Black's Law Dict., 5th Ed., interconnected passages beneath the
200]. surface of the earth or within a cliff or
ledge and which is large enough to
Cause of a contract. 1. The essential permit an individual to enter, whether or
reason which moves the contracting not the entrance, located either in
parties to enter into it [Tong Brothers private or public land, is naturally
Co v. IAC, GR 73918. Dec. 21, 1987, formed or man made. It shall include
citing 8 Manresa, 5th Ed., p. 450]. 2. The any natural pit, sinkhole or other feature
immediate, direct and proximate reason which is an extension of the entrance.
which justifies the creation of an The term also includes cave resources
obligation thru the will of the therein, but not any vug, mine tunnel,
contracting parties. [Tong Brothers Co aqueduct or other manmade excavation.
v. IAC, GR 73918. Dec. 21, 1987, citing [Sec. 3, RA 9072].
3 Castan, 4th Ed., p. 347).
Caveat. Let him beware. 1. A formal
Cause of action. Rem. Law. 1. The act warning. 2. A warning; a note of
or omission by which a party violates a caution. [Glossary of Legal Terms (Pro-
right of another. [Sec. 2, Rule 2, RoC]. Se), 2004].
2. An act or omission of one party in
violation of the legal right or rights of Caveat emptor. 1. The rule (that)
another. [Dev. Bank of Rizal v. Sima requires the purchaser to be aware of
Wei, GR 85419. Mar. 9, 1993]. Compare the supposed title of the vendor and he
with Right of action. who buys without checking the vendor's
title takes all the risks and losses
consequent to such failure. [Dacasin v.

86
CA, GR L-32723. Oct. 28, 1977]. 2. Let Center of excellence. A public or

the buyer beware or that the buyers private college, institute, school or
should examine and check for agency, engaged in the pre-service and
themselves things which they intend to continuing education, formal and non-
purchase and that they cannot later formal, of teachers and top-notch
hold the vendor responsible for the educators, that has established and
broken condition of the thing bought. continues to maintain a good record in
[Duhaime's Legal Dict., 2004]. teacher education, research, and
community service; whose graduates
Cave resources. Any material or are models of integrity, commitment
substance occurring naturally in caves, and dedication in education. [Sec. 2, RA
such as animal life, plant life, including 7784].
paleontological and archaeological
deposits, cultural artifacts or products of Center of gravity doctrine. Conf. of
human activities, sediments, minerals, Laws. Choice of law problems are
speleogems and speleothems. [Sec. 3, resolved by the application of the law of
RA 9072]. the jurisdiction which has the most
significant relationship to or contact with
CBA. See Collective Bargaining event and parties to litigation and the
Agreement. issue therein. [Agpalo, Conflict of Laws,
p. 6]. Term is used synonymously with
CBA registration. The filing of the the Most significant relationship
collective bargaining agreement with the theory. Also known as Grouping of
Regional Office or the Bureau of Labor contacts.
Relations accompanied by verified proof
of posting and ratification and payment Centers. Any of the treatment and
of fee. [Sec. 1, Rule 1, Book 5, IRR of rehabilitation centers for drug
LC]. dependents referred to in Sec.34, Art.
VIII of RA 9165. [Sec 3, RA 9165].
CDA. Cooperative Development Authority.
Central Bank. See Bangko Sentral ng
Cease and desist order. An order of an Pilipinas.
administrative agency or court
prohibiting a person or business from Central Bank Act, The New. RA 7653
continuing a particular course of enacted on June 14, 1993.
conduct. [Jurists Legal Dict., 2004].
Central counting center. A public place
Ceasefire. Intl. Law. An unconditional designated by the Commission on
stoppage of hostilities by order of an Election where counting of ballots and
international body like the UN Security canvassing shall be conducted. [Sec. 2,
Council for the purpose of employing RA 8046].
peaceful means of settling the conflict.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. Cerebral concussion. Brain jarring
144, citing Salonga and Yap, 451-452]. resulting from head injury. [Morenos
Law Dict., 2000 Ed., p. 67].
Celebrity. See Public figure.
Cerebro-vascular accident (CVA). The
Cement manufacturing. The breaking of a blood vessel within or
manufacture of cement obtained by about the brain. [Schmidt's Atty.s' Dict.
firing limestone naturally containing, or of Medicine, 1965, p. 160]. It is also
mixed artificially with, a suitable known as cerebral or intracranial
proportion of clay, and by subsequent hemorrhage for which the science of
crushing of the clinker so obtained medicine gives several causes, among
(Portland Cement). [Sec. 2, RA 4095]. which are hypertensive vascular
diseases and arterial aneurysms which
Censure. An official reprimand or are gradual processes that worsen over
condemnation of an attorney. [Glossary the years if left unchecked. [Trinidad v.
of Legal Terms (Pro-Se), 2004]. WCC, GR L-42507. Feb. 28, 1978, citing

87
Cecil-Loeb, Textbook of Medicine, 13th to a domestic ship operator to engage in

Ed., p. 209, 947]. domestic shipping. [Sec. 3, RA 9295]. 2.
An authorization issued for the
Certain. Definitely settled so as not to be operation of public services for which no
variable or fluctuating. Fixed. [Morenos franchise, either municipal or legislative,
Law Dict., 2000 Ed., p. 67]. is required by law. [PAL v. CAB, GR
119528. Mar. 26, 1997].
Certificate of ancestral domain title.
A title formally recognizing the rights of Certificate of public convenience and
possession and ownership of Indigenous necessity. A certificate issued to a
Cultural Communities/Indigenous public service for which a franchise is
Peoples (ICCs/IPs) over their ancestral required by law. [PAL v. CAB, GR
domains identified and delineated in 119528. Mar. 26, 1997].
accordance with this law. [Sec. 4, RA
8371]. Certificate of sale. A certificate setting
forth the proceedings had at the sale, a
Certificate of ancestral lands title. A description of the property sold, the
title formally recognizing the rights of name of the purchaser, the sale price,
Indigenous Cultural Communities/ as well as the exact amount of the taxes
Indigenous Peoples (ICCs/IPs) over their and penalties due and the costs of sale
ancestral lands. [Sec. 4, RA 8371]. received by the purchaser at public
auction of delinquent property from the
Certificate of canvass of votes. A provincial or city treasurer, or his
machine-generated document deputy. [Sec. 76, PD 464].
containing the total votes in figures
obtained by each candidate in a city, Certificate of stock. A written
municipality, district, or province, as the acknowledgment by the corporation of
case may be. [Sec. 2, RA 8436]. the interest, right, and participation of a
person in the management, profits, and
Certificate of deposit. 1. An instrument assets of a corporation. It is a
in the form of a receipt given by a documentary evidence of the holders
banker for a certain sum of money. It is ownership of shares and is a convenient
a written acknowledgment by a bank of instrument for the transfer of title. [De
the receipt of money or deposit which Leon, Corp. Code of the Phil. Annotated,
the bank promises to pay to the 1989 Ed., pp. 56-57].
depositor, bearer, or order, or to some
other person or order. [Martin, Certificate of title, original or
Commentaries and Jurisp. on Comml. transfer (OCT or TCT). 1. The
Laws, Vol. 1, 1988 Rev. Ed., p. 68]. 2. A transcript of the decree of registration
promissory note issued by a bank in made by the registrar of deeds in the
which the bank promises to repay registry. [PNB v. Tan Ong Zse, GR
money it has received, plus interest, at 27991. Dec. 24, 1927]. 2. Document
a time certain. [Intl. Law Dict. & Direct., issued by the [Register of Deeds] for
2004]. real estate registered under the Torrens
System, which is considered conclusive
Certificate of land transfer. The evidence of the present ownership and
certificate (which) simply evidences the state of the title to the property
government's recognition of the grantee described therein. [Glossary of Legal
as the party qualified to avail of the Terms (Pro-Se), 2004].
statutory mechanisms for the acquisition
of ownership of the land tilled by him as Certification. 1. Written attestation. 2.
provided under PD 27. It does not vest Authorized declaration verifying that an
in the farmer/grantee ownership of the instrument is a true and correct copy of
land described therein. [Pagtalunan v. the original. [Glossary of Legal Terms
Tamayo, GR 54281. Mar. 19, 1990]. (Pro-Se), 2004].
Certificate of public convenience. 1. Certification against forum shopping.

The license on authority issued by the Civ. Proc. The certification under oath
Maritime Industry Authority (MARINA) by the plaintiff or principal party in the

88
complaint or other initiatory pleading or as a staff member in an accounting

asserting a claim for relief, or in a sworn or auditing firm, holding out
certification annexed thereto and himself/herself as one skilled in the
simultaneously filed therewith: (a) that knowledge, science and practice of
he has not theretofore commenced any accounting, and as a qualified person to
action or filed any claim involving the render professional services as a
same issues in any court, tribunal or certified public accountant; or offering
quasi-judicial agency and, to the best of or rendering, or both or more than one
his knowledge, no such other action or client on a fee basis or otherwise,
claim is pending therein; (b) if there is services as such as the audit or
such other pending action or claim, a verification of financial transaction and
complete statement of the present accounting records; or the preparation,
status thereof; and (c) if he should signing, or certification for clients of
thereafter learn that the same or similar reports of audit, balance sheet, and
action or claim has been filed or is other financial, accounting and related
pending, he shall report that fact within schedules, exhibits, statement of reports
five (5) days therefrom to the court which are to be used for publication or
wherein his aforesaid complaint or for credit purposes, or to be filed with a
initiatory pleading has been filed. [Sec. court or government agency, or to be
5, Rule 7, RoC]. used for any other purposes; or to
design, installation, and revision of
Certification election. Labor. The accounting system; or the preparation
process of determining, through secret of income tax returns when related to
ballot, the sole and exclusive bargaining accounting procedures; or when he/she
agent of the employees in an represents clients before government
appropriate bargaining unit, for agencies on tax and other matters
purposes of collective bargaining. [Sec. relating to accounting or render
1, Rule 1, Book 5, IRR of LC]. Compare professional assistance in matters
with Consent election. relating to accounting procedures and
the recording and presentation of
Certification of check. A written financial facts or data. [Sec. 4, RA
agreement by which a bank promises to 9298].
pay the check at any time it is presented
for payment. It may be made on the Certified seeds. Seeds that passed the
check itself or on another instrument, seed certification standards of the
identifying the bill certified. [Morenos Bureau of Plant Industry and which are
Law Dict., 2000 Ed., p. 68]. the progeny of foundation, registered or
certified seeds that are so handled as to
Certification proceeding. Labor. A maintain satisfactory genetic identity
mere investigation of a non-adversary, and varietal purity. [Sec. 4, RA 7607].
fact-finding character, in which the
investigating agency plays the part of a Certiorari. 1. A writ from a superior
disinterested investigator seeking court to an inferior court or tribunal
merely to ascertain the desires of the commanding the latter to send up the
employees as to the matter of their record of a particular case. [Pimentel v.
representation. [Manila Golf & Country COMELEC, GR L-53581-83. Dec. 19,
Club, Inc. v. IAC, GR 64948. Sep. 27, 1980, citing 14 CJS 121]. 2. A writ of
1994]. review issued by a higher court to a
lower court. A means of getting an
Certified check. A check which bears appellate court to review a lower court's
upon its face an agreement by the decision. If an appellate court grants a
drawee bank that the check will be paid writ of certiorari, it agrees to take the
on presentation. The usual practice is by appeal. [Glossary of Legal Terms (Pro-
stamping or writing the word certified Se), 2004].
upon the check. [Diaz, Bus. Law Rev.,
1991 Ed., p. 381]. Certiorari, petition for. A verified
petition filed in the proper court by the
Certified public accountant (CPA). A person aggrieved by the action of any
person, be it his/her individual capacity, tribunal, board, or officer exercising

89
judicial functions, without or in excess of

its or his jurisdiction, or with grave Cestui que trust. Lat. For the
abuse of discretion, and there is no beneficiary of a trust. [Duhaime's Legal
appeal, nor any plain, speedy, and Dict., 2004].
adequate remedy in the ordinary course
of law, such petition alleging the facts Cestui que use. Lat. For the donee of a
with certainty and praying that trust. [Duhaime's Legal Dict., 2004].
judgment be rendered annulling or
modifying the proceedings, as the law CFI. Court of First Instance.
requires, of such tribunal, board or
officer. [Sec. 1, Rule 65, RoC]. Chain distribution plans or pyramid
sales schemes. Sales devices whereby
Certiorari, petition for. Elements: (a) a person, upon condition that he makes
That it is directed against a tribunal, an investment, is granted by the
board or officer exercising judicial manufacturer of his representative a
functions; (b) that such tribunal, board right to recruit for profit one or more
or officer has acted without or in excess additional persons who will also be
of jurisdiction or with grave abuse of granted such right to recruit upon
discretion; and (c) that there is no condition of making similar investments.
appeal nor any plain, speedy and [Art. 4, RA 7394].
adequate remedy in the ordinary course
of law. [Sec. 1, Rule 65, RoC]. Chain saw. Any portable power saw or
similar cutting implement, rendered
Certiorari, writ of. A writ the function of operative by an electric or internal
which is to keep an inferior Court within combustion engine or similar means,
the bounds of its jurisdiction or to that may be used for, but is not limited
prevent it from committing such a grave to, the felling of trees or the cutting of
abuse of discretion amounting to excess timber. [Sec. 3, RA 9175].
of jurisdiction [Central Bank v. CA, GR
41859. 8 Mar. 1989, 171 SCRA 49]. Chain saw dealer. A person, natural or
juridical, engaged in the manufacture,
Cessante ratione legis, cessat et ipsa importation, distribution, purchase
lex. Lat. Where the reason of the law and/or sale of chain saws. [Sec. 3, RA
ceases, the law itself ceases. [Lonaria v. 9175].
De Guzman, GR L-20940. Sep. 29,
1967]. Challenging to a duel. Crim. Law. The
felony committed by any person who
Cession. From Lat. cessio from cessare: shall challenge another, or incite
to yield. 1. Civ. Law. The abandonment another to give or accept a challenge to
of all property of the debtor for the a duel, or shall scoff at or decry another
benefit of his creditors in order that the publicly for having refused to accept a
latter may apply the proceeds thereof to challenge to fight a duel. [Art. 261,
the satisfaction of their credit. [Torres, RPC].
Oblig. & Cont., 2000 Ed., p. 120]. 2.
Intl. Law. The transfer of territory from Chambers. A judge's private office. A
one state to another by treaty. [Intl. hearing in chambers takes place in the
Law Dict. & Direct., 2004]. judge's office outside of the presence of
the public. [Glossary of Legal Terms
Cession. Requisites: (a) There must be (Pro-Se), 2004].
at least one debtor and two or more
creditors; (b) the debtor is in a state of Champertous agreement (or
insolvency, either partially or totally, at contract). Agreement whereby an
the time of the cession or assignment; attorney agrees to pay expenses of
(c) the debtor is required to deliver all proceedings to enforce the client's
his property to all his creditors; and that rights. [Bautista v. Gonzales, AM 1625.
(d) the creditors may sell the property Feb. 12, 1990, citing JBP Holding Corp.
and apply the proceeds to their credits v. US 166 F. Supp. 324 (1958)].
proportionately. [Torres, Oblig. & Cont.,
2000 Ed., p. 120].

90
Champerty. 1. A bargain by a stranger facts relate to the kind of question

with a party to a suit, by which such specified in a conflicts rule. The purpose
third person undertakes to carry on the of characterization is to enable the court
litigation at his own cost and risk in of the forum to select the proper law.
consideration of receiving, if successful, [Agpalo, Conflict of Laws, p. 18]. Also
a part of the proceeds or subject sought Doctrine of qualification.
to be recovered. [Morenos Law Dict.,
2000 Ed., p. 70]. 2. The act of a person Charge - of - company - domination
in agreeing to finance someone else's rule. Labor. Under settled
lawsuit in exchange for a portion of the jurisprudence, the pendency of a formal
judicial award. [Duhaime's Legal Dict., charge of company domination is a
2004]. prejudicial question that, until decided,
bars proceedings for a certification
Change of name. A judicial proceeding election, the reason being that the votes
in rem, requiring publication, and may of the members of the dominated union
be ordered by the court if proper and would not be free. [United CMC Textile
reasonable cause exists to justify it. Workers Union v. BLR, GR L-51337.
[Bench Book for Trial Court Judges, p. Mar. 22, 1984].
3-3].
Charges. 1. Pecuniary liability, as rents
Change of name. Grounds: (a) When or fees against persons or property.
the name is ridiculous, dishonorable or [Sec. 131, RA 7160]. 2. Those which are
extremely difficult to write or incurred, not on the thing itself, but
pronounce; (b) When the change results because of it. They include every
as a legal consequence, as in prestation required of the possessor by
legitimation; (c) When the change will reason of the possession of the thing,
avoid confusion; (d) Having whether it constitutes a real right or not.
continuously used and been known All taxes or contributions in favor of the
since childhood by a Filipino name, government, whether on the capital or
unaware of her alien parentage; (e) A on the fruits, and interests on
sincere desire to adopt a Filipino name mortgages, etc., are examples of such
to erase signs of former alienage, all in charges. [Tolentino, Civil Code of the
good faith and without prejudicing Phil., Vol. II, Repr. 2001, p. 291, citing 4
anybody; and (f) When the surname Manresa 282].
causes embarrassment and there is no
showing that the desired change of Charges daffaires. Fr. In charge of
name was for a fraudulent purpose or affairs. Those officially below the rank of
that the change of name would the ministers resident. They take over
prejudice public interest. [Rep. v. CA, when the latter is absent. In other
GR 97906. May 21, 1992]. words, they are temporarily in charge
no matter what their official rank or
Change of venue. Moving a lawsuit or designation may be. [Suarez, Pol. Law
criminal trial to another place for trial. Reviewer, 1st Ed., 2002, p. 1044].
2004]. Charging or special lien. An attorney's
specific lien for compensation on the
Channel. See Natural bed. fund or judgment which he has
recovered by means of his professional
Character. The possession by a person services for his client in a particular case
of certain qualities of mind and morals, and is provided in the second part of
distinguishing him from others; it is the Rule 138, Sec. 37 (of the Rules of
opinion generally entertained of a Court). It covers only the services
person derived from the common report rendered by an attorney in the action in
of the people who are acquainted with which the judgment was obtained and
him. [People v. Lee, GR 139070, May 5, takes effect under the cited rule after
2002]. the attorney shall have caused a
statement of his claim of such lien to be
Characterization. Conf. of Laws. The entered upon the records of the
process of deciding whether or not the particular action with written notice

91
thereof to his client and to the adverse Charter vessel. A contract by which the
party. It presupposes that the attorney owner or agent of the vessel leases for
has secured a favorable money a certain price the whole or a portion of
judgment for his client and grants the the vessel for the transport of goods or
attorney "the same right and power persons from one port to another.
over such judgments and executions as [Morenos Law Dict., 2000 Ed., p. 72].
his client would have to enforce his lien
and, secure the payment of his just fees Chaste. Legal Med. 1. An unmarried
and disbursements. [Ampil v. Juliano- woman who has had no carnal
Agrava, GR L-27394. July 31, 1970]. knowledge with men or who never
Compare with Attorneys retaining voluntarily had unlawful sexual
lien. intercourse. It also denotes purity of
mind and innocence of heart. [Olarte,
Charivari. A mock serenade of discordant Legal Med., 1st Ed. (2004), p. 121]. 2. A
noises made with kettles, tin horn, etc., person who has never voluntarily had
designed to deride or annoy. [Gregorio, sexual intercourse outside of marriage
Fund. of Crim. Law Rev., 1997 9th Ed., such as unmarried virgins. [Duhaime's
p. 428]. Legal Dict., 2004]. Compare with
Virgin.
Charter. 1. An instrument or authority
from the sovereign power bestowing the Chastity. Legal Med. That virtue which
right or privilege to be and act as a prevents the unlawful intercourse of the
corporation. [De Leon, Corp. Code of sexes. There is abstinence from
the Phil. Annotated, 1989 Ed., p. 130, unlawful sexual connection. [Olarte,
citing Humprey and Peues, 16 Wall. Legal Med., 1st Ed. (2004), p. 121].
(US) 244, 21 L. Ed. 326]. 2. A document Compare with Virginity.
outlining the principles, functions, and
organization of a juridical entity. [Intl. Chattel. 1. Moveable items of property
Law Dict. & Direct., 2004]. which are neither land nor permanently
attached to land or a building, either
Chartered institution. Any agency directly or vicariously through
organized or operating under a special attachment to real property. [Duhaime's
charter, and vested by law with Legal Dict., 2004]. 2. An article of
functions relating to specific personal property. [Glossary of Legal
constitutional policies or objectives. This Terms (Pro-Se), 2004].
term includes the state universities and
colleges and the monetary authority of Chattel mortgage. A mortgage where
the State. [Sec. 2, Admin Code of 1987]. personal property is recorded in the
Chattel Mortgage Register as a security
Charter-party. 1. A contract in which the for the performance of an obligation.
owner of a vessel lets for consideration [Art. 2140, CC]. Compare with Real
the whole or principal part thereof for estate mortgage.
the conveyance of goods and/or
passengers on a particular voyage to Chattel Mortgage Law. Act 1508
one or more places or until the enacted on July 2, 1906.
expiration of a specified time and
surrenders unto the lessee or charterer Check or cheque. 1. A bill of exchange
the control, by vesting upon the latter drawn on a bank payable on demand.
the right to appoint the captain, officers [Sec. 185, NIL]. 2. A bill of exchange
and members of the crew, of the vessel drawn on a bank payable on demand. 3.
leased or chartered during the duration A written order or request to a bank or
of the contract. [RA 913]. 2. A contract persons carrying on the business of
by which an entire ship, or some banking, by a party having money in
principal part thereof, is let by the their hands, desiring them to pay, on
owner to another person for a specified presentment, to a person therein named
time or use. [Planters Products v. CA, or bearer, or to such person or order, a
GR 101503. Sep. 15, 1993, citing 70 Am named sum of money. [People v.
Jur 2d, p. 580]. Nitafan, GR 75954. Oct. 22, 1992, citing
2 Dan. Neg. Inst. 528; Blair v. Wilson,

92
28 Gratt. (Va.) 170; Deener v. Brown, 1 investigation, valuation, planning,

Mac Arth. (D.C.) 350; In re Brown, 2 designing or preparation of
Sto. 502, Fed. Cas. No. 1,985. See specifications for or estimates of
Chapman v. White, 6 N. Y. 412, 57 Am. industrial plants; or undertake the
Dec. 464]. 4. A draft drawn upon a bank supervision of construction, erection,
and payable on demand, signed by the installation, alteration or operation of
maker or drawer, containing an industrial plants. [Sec. 12, RA 318].
unconditional promise to pay a sum
certain in money to the order of the Chemical name. The description of the
payee. [People v. Nitafan, GR 75954. chemical structure of the drug or
Oct. 22, 1992, citing State v. Perrigoue, medicine and serves as the complete
81 Wash. 2d 640, 503 p. 2d 1063, identification of a compound. [Sec. 3,
1066]. RA 6675].
Check-off. A process or device whereby Chia. Chi. Grateful. [Jew Chong v. Rep.,
the employer, on agreement with the GR L-14343. May 23, 1961].
union recognized as the proper
bargaining representative, or on prior Chicot doctrine. The doctrine which
authorization from its employees, advocates the imperative necessity to
deducts union dues or agency fees from take account of the actual existence of a
the latter's wages and remits them statute prior to its nullification, as an
directly to the union. [Holy Cross of operative fact negating acceptance of a
Davao v. Joaquin, GR 110007. Oct. 18, principle of absolute retroactive
1996, citing Pascual, C., Labor Rel. Law, invalidity. [Co v. CA, GR 100776. Oct.
at 173]. 28, 1993, citing Chicot County Drainage
Dist. v. Baxter States Bank, 308 US 371,
Chemical diversion. The sale, 374 (1940)]. See Operative fact
distribution, supply or transport of doctrine.
legitimately imported, in-transit,
manufactured or procured controlled Chief of mission. The head of an
precursors and essential chemicals, in embassy or other diplomatic missions of
diluted, mixtures or in concentrated the Philippines, or any person appointed
form, to any person or entity engaged in by the President to such position,
the manufacture of any dangerous drug, whether serving in the home office or
and shall include packaging, foreign service. [Sec. 5, RA 7157].
repackaging, labeling, re-labeling or
concealment of such transaction Child. 1. A person below fifteen (15)
through fraud, destruction of years of age unless sooner emancipated
documents, fraudulent use of permits, by law. [Sec. 3, RA 8043]. 2. A person
misdeclaration, use of front companies below eighteen (18) years of age or one
or mail fraud. [Sec 3, RA 9165]. who is over eighteen (18) but is unable
to fully take care of or protect
Chemical engineer. A person duly himself/herself from abuse, neglect,
registered and a holder of a valid cruelty, exploitation, or discrimination
Certificate of Registration and because of a physical or mental
Professional Identification Card issued disability or condition. [Sec. 3, RA
by the Board of Chemical Engineering 9208]. 3. Offspring of parentage;
and the Professional Regulation progeny. [Glossary of Legal Terms (Pro-
Commission (PRC). [Sec. 3, RA 9267]. Se), 2004].
Chemical engineering, practice of. Child abuse. The maltreatment, whether

The rendering of chemical engineering habitual or not, of the child. [Sec. 3, RA
service by a person who shall, for a fee, 7610].
salary or other reward or compensation,
paid to him or through another person, Child and Youth Welfare Code, The.
or even without such reward or PD 603 entitled The Child and youth
compensation, render or offer to render Welfare Code signed into law on Dec.
professional chemical engineering 10, 1974.
service in the form of consultation,

93
Child-caring agency. A duly licensed of any person or persons for purposes

and accredited agency by the DSWD of adoption, guardianship or foster care.
that provides twenty four (24)-hour The relatives of such child or children
residential care services for abandoned, within the sixth degree of consanguinity
orphaned, neglected, or voluntarily or affinity are excluded from this
committed children. [Sec. 3, RA 8552]. definition. [Art. 117, PD 603].
Child-caring institution. 1. An Child prostitution and other sexual

institution that provides twenty-four abuse. The exploitation of children,
resident group care service for the whether male or female, in prostitution
physical, mental, social and spiritual and other sexual abuse, who for money,
well-being of nine or more mentally profit, or any other consideration or due
gifted, dependent, abandoned, to the coercion or influence of any adult,
neglected, handicapped or disturbed syndicate or group, indulge in sexual
children, or youthful offenders. 2. An intercourse or lascivious conduct. [Sec.
institution, whose primary purpose is 5, RA 7610].
education, is deemed to be a child-
caring institution when nine or more of Children. 1. Those below eighteen (18)
its pupils or wards in the ordinary years of age or older but are incapable
course of events do not return annually of taking care of themselves as defined
to the homes of their parents or under RA 7610. As used in RA 9262, it
guardians for at least two months of includes the biological children of the
summer vacation. [Art. 117, PD 603]. victim and other children under her
care. [Sec. 3, RA 9262]. 2. All persons
Child-friendly programs. Programs not below eighteen (18) years old. [Sec. 3,
specifically designed for viewing by RA 8370]. 3. Persons below eighteen
children but which serve to further the (18) years of age or those over but are
positive development of children and unable to fully take care of themselves
contain no elements that may result in or protect themselves from abuse,
physical, mental and emotional harm to neglect, cruelty, exploitation or
them. These include various formats discrimination because of a physical or
and genre that appeal to children and mental disability or condition. [Sec. 3,
are made available for all ages from RA 7610].
early childhood to adolescence. [Sec. 3,
RA 8370; Sec. 3, RA 7941]. Children of a solo parent. Those living
with and dependent upon the solo
Child legally available for adoption. A parent for support who are unmarried,
child who has been voluntarily or unemployed and not more than
involuntarily committed to the DSWD or eighteen (18) years of age, or even over
to a duly licensed and accredited child- eighteen (18) years but are incapable of
placing or child-caring agency, freed of self-support because of mental and/or
the parental authority of his/her physical defect/disability. [Sec. 3, RA
biological parent(s) or guardian or 8972].
adopter(s) in case of rescission of
adoption. [Sec. 3, RA 8552]. Children's television. Programs and
other materials broadcast on television
Child-placing agency. 1. A duly that are specifically designed for viewing
licensed and accredited agency by the by children. [Sec. 3, RA 8370].
DSWD to provide comprehensive child
welfare services including, but not Children's Television Act of 1997. RA
limited to, receiving applications for 8370 enacted on Oct. 28, 1997.
adoption, evaluating the prospective
adoptive parents, and preparing the Child-viewing hours. Hours which are
adoption home study. [Sec. 3, RA considered to be appropriate for
8552]. 2. An institution or person children to watch television taking into
assuming the care, custody, protection account other activities which are
and maintenance of children for necessary or desirable for their balanced
placement in any child-caring institution development. [Sec. 3, RA 8370; Sec. 3,
or home or under the care and custody RA 7941].

94
Taxes and customs, if unpaid, are a

Child witness. Any person who at the chose in action. [Paras, Phil. Conflict of
time of giving testimony is below Laws, 8th Ed. (1996), p. 329].
eighteen (18) years. In child abuse
cases, a child includes one over Christian name. A given name.
eighteen (18) years but is found by the [Morenos Law Dict., 2000 Ed., p. 74].
court as unable to fully take care of
himself or protect himself from abuse, Chronic. Long-term or long-standing. A
neglect, cruelty, exploitation, or long and gradual development of the
discrimination because of a physical or ailment. [Sarmiento v. ECC, GR L-
mental disability or condition. [Sec. 4 68648. Sep. 24, 1986].
(a), AM 00-4-07-SC].
Chronic hemoptysis. Pulmonary
Ching suan. Chi. Mapili. [Arce Sons and tuberculosis accompanied by blood
Co. v. Selecta Biscuit Co., Inc., GR L- vomiting. [Morenos Law Dict., 2000 Ed.,
14761. Jan. 28, 1961]. p. 74].
Chirographs. Credits appearing in a Chronic pyelonephritis. A slowly

public instrument or final judgment. progressive infection of a renal pelvis
[PNB v. Veraguth, GR 26833. Apr. 1, and prenchyma, frequently bilateral.
1927]. Factors such as stones, strictures and
tumors cause obstruction to the flow of
Chloride. A compound of chlorine with urine and predispose to infection.
another element or radical. [People v. [Chavez v. ECC, GR L-61931. Mar. 31,
Angeles, GR 92850. June 15, 1992, 1987].
citing Webster's 3rd New Intl. Dict.
(1986), 1108]. Chronological. Arranged in the order in
which events happened; according to
Choice of jurisdiction. In conflict of date. [Glossary of Legal Terms (Pro-Se),
laws, the principles and rules applied by 2004].
courts in order to determine the proper
jurisdiction for instituting legal Church. All places suited to regular
proceedings. [Tetley, Glossary of religious worship. A place where
Conflict of Laws, 2004]. persons regularly assemble for worship.
[Martelino v. Estrella, GR L-15927. Apr.
Choice of law. In conflict of laws, the 29, 1963].
principles and rules applied by courts in
order to determine the law applicable to Cia. Abbrev. for Compania, as in Filipinas
one or more of the legal issues to be Cia. De Seguros. [Claridades, A.,
decided. [Tetley, Glossary of Conflict of Compilation of Notes, 2001-2006].
Laws, 2004].
Cigarette. Any roll or tubular
Chose. A thing, an article of personal construction, which contains tobacco or
property. A chattel personal, and is its derivatives and is intended to be
either in action or in possession. [Paras, burned or heated under ordinary
Phil. Conflict of Laws, 8th Ed. (1996), p. conditions of use. [Sec. 4, RA 9211].
329].
Cigars. All rolls of tobacco or any
Chose in action. A right of property in substitutes thereof, wrapped in leaf
intangible things or which are not in tobacco. [Sec. 137-A, PD 69].
one's possession, enforceable through
legal or court action. Examples may Cipher. A method of secret writing that
include salaries, debts, insurance claims, substitutes other letters or characters
shares in companies and pensions. for the letter intended or transposes the
[Duhaime's Legal Dict., 2004]. letter after arranging them in blocks or
squares. [Sec. 42, RA 5921].
Chose in possession. A personal thing
of which one has possession, as Circumbalacion. Sp. The act of
distinguished from a thing in action. surrounding a place. It is a term that a

95
derived from the word "circuir," which faulty dietary habits. [Garol v. ECC, GR
means to surround, to encompass, to L-55233. Nov. 29, 1988].
encircle. The phrase "1001 brazas de
circumbalacion" can mean no other than Citation. A writ or order issued by a
that the perimeter or circumference of court commanding the person named
the property has a total length of 1001 therein to appear at the time and place
brazas. [Querubin v. Alconcel, GR L- named; also the written reference to
23050. Sep. 18, 1975]. legal authorities, precedents, reported
cases, etc., in briefs or other legal
Circumstances. Minor facts of related or documents. [Glossary of Legal Terms
accessory facts, occurrences or things (Pro-Se), 2004].
which stand around or closely precede
or follow, or which surround or Citizen. One who, by birth, naturalization
accompany, or which depend upon or or otherwise, is a member of an
support or qualify a principal act or independent political society, called a
event. [Morenos Law Dict., 2000 Ed., p. state, kingdom, or empire, and as such
74]. is subject to its laws and entitled to its
protection in all his rights incident to
Circumstantial evidence. 1. The that relation. [Suarez, Pol. Law
evidence of collateral facts or Reviewer, 1st Ed., 2002, p. 251].
circumstances from which an inference
may be drawn as to the probability or Citizen's arrest. A warrantless arrest
improbability of the facts in dispute. authorized under Sec. 5, Rule 113, of
[People v. Liwag, GR 89112. Aug. 3, the Rev. Rules on Crim. Proc. [People v.
1993, citing 5 Moran, p. 17, 1980 Ed.]. Rayray, GR 90628. Feb. 1, 1995].
2. Not only the prior and coetaneous
actuations of the accused in relation to Citizens by election. Citizens who by
the crime but also his acts or conduct virtue of certain legal provisions,
subsequent thereto can be considered become such by choosing (electing)
as circumstantial evidence of guilt. [US Philippine citizenship at the age of
v. De Los Santos, 24 Phil. 329 (1913)]. twenty one (21) or within a reasonable
3. To warrant conviction in criminal time thereafter. [Paras, Phil. Conflict of
cases upon circumstantial evidence, Laws, 8th Ed. (1996), p. 105].
such evidence must be more than one,
derived from facts duly proven, and the Citizenship. 1. Membership in a political
combination of all of them must be such society and implies a duty of allegiance
as to produce conviction beyond on the part of the member and a duty of
reasonable doubt [People v. Tiozon, 198 protection on the part of the society.
SCRA (1991)]. Compare with Direct These are reciprocal obligations, one
evidence. being a compensation for the other."
[Laurel v. Misa, GR L-409. Jan. 30,
Circumstantial evidence sufficient to 1947, citing 3 Hackworth, Digest of Intl.
convict. Requirements: (a) There are Law, 1942 Ed., p. 6]. 2. It applies only
more than one circumstance, (b) the to certain members of the state
facts from which the inferences are accorded more privileges than the rest
derived are proven, and (c) the of the people who owe it allegiance. Its
combination of all the circumstances is significance is municipal and not
such as to produce a conviction beyond international. [Cruz, Intl. Law Reviewer,
reasonable doubt. [People v. Salangga, 1996 Ed., p. 102]. Compare with
GR 100910. July 25, 1994]. Citizenship.
Cirrhosis of the liver. Any diffuse Citizens of the Philippines. The

fibrosis that destroys the normal following are citizens of the Philippines:
architecture of the liver. The most (a) Those who are citizens of the
common type is Laennec's or alcoholic Philippines at the time of the adoption
cirrhosis which is the consequence of a of this Constitution; (b) those whose
specific type of malnutrition usually fathers or mothers are citizens of the
related to chronic alcoholism and/or Philippines; (c) those born before
Jan. 17, 1973, of Filipino mothers, who

96
elect Philippine citizenship upon

reaching the age of majority; and (d) Civil Code. A collection of laws which
those who are naturalized in accordance regulates the private relations of the
with law. [Art. IV, 1987 Phil. members civil society, determining their
Constitution]. respective rights and obligations, with
reference to persons, things and civil
Civic welfare training service acts. [Jurado, Civil Law Reviewer, 19th
(CWTS). Programs or activities Ed. (1999), p. 1, citing 1 Tolentino, Civil
contributory to the general welfare and Code, p. 10].
the betterment of life for the members
of the community or the enhancement Civil Code of the Philippines. RA 386
of its facilities, especially those devoted entitled An Act to ordain and institute
to improving health, education, the Civil Code of the Philippines
environment, entrepreneurship, safety, enacted on June 18, 1949 and took
recreation and morals of the citizenry. effect on Aug. 30, 1950.
[Sec. 3, RA 9163].
Civil conspiracy. The combination of
Civil. Relating to private rights and two or more persons for purposes of
remedies sought by civil actions as accomplishing by concerted action either
contrasted with criminal proceedings. lawful purpose by unlawful means or
[Glossary of Legal Terms (Pro-Se), unlawful purpose by lawful means.
2004]. [Rep. v. Sandiganbayan, GR 92594.
Mar. 4, 1994, citing Black's Law Dict.,
Civil action. 1. An action brought to 223, 5th Ed.)].
enforce or protect private rights.
[Glossary of Legal Terms (Pro-Se), Civil contempt. The failure to do
2004]. 2. An action by which a party something ordered to be done by a
sues another for the enforcement or court in a civil action for the benefit of
protection of a right, or the prevention the opposing party therein and is,
or redress of a wrong. A civil action may therefore, an offense against the party
either be ordinary or special. Both are in whose behalf the violated order is
governed by the rules for ordinary civil made. [People v. Godoy, GR 115908-09.
actions, subject to the specific rules Mar. 29, 1995]. Compare with Criminal
prescribed for a special civil action. [Sec. contempt.
3(a), Rule 1, RoC].
Civil corporation. A corporation
Civil Aeronautics Act of the established for business or profit, i.e.,
Philippines, The. RA 776 entitled An with a view toward realizing gains to be
Act to reorganize the Civil Aeronautics distributed among its members. [De
Board and the Civil Aeronautics Leon, Corp. Code of the Phil. Annotated,
Administration, to provide for the 1989 Ed., p. 39]. Compare with
regulation of civil aeronautics in the Eleemosynary corporation.
Philippines and authorizing the
appropriation of funds therefor enacted Civil engineering, practice of. The
on June 20, 1952. practice shall embrace services in the
form of consultation, design,
Civil Aeronautics Board (CAB). The preparation of plans, specifications,
agency which has the power to regulate estimates, erection, installation and
the economic aspect of air supervision of the construction of
transportation, and has the general streets, bridges, highways, railroads,
supervision and regulation of, and air-ports and hangars, port works,
jurisdiction and control over, air carriers canals, river and shore improvements,
as well as their property, property lighthouses, and dry docks; buildings,
rights, equipment, facilities, and fixed structures for irrigation, flood
franchise. [Sec. 10, RA 776, as protection, drainage, water supply and
amended]. sewerage works; demolition of
permanent structures; and tunnels. The
Civil aircraft. Any aircraft other than a enumeration of any work shall not be
public aircraft. [Sec. 3, RA 776]. construed as excluding any other work

97
requiring civil engineering knowledge rights in civil cases. [Suarez, Intro. to

and application. [Sec. 2, RA 544]. Law, 1995 3rd Ed., p. 204]. 2. The rules
and process by which a civil case is tried
Civil fruits. The rents of buildings, the and appealed, including the
price of leases of lands and other preparations for trial, the rules of
property and the amount of perpetual or evidence and trial conduct, and the
life annuities or other similar income. procedure for pursuing appeals.
[Art. 442, CC]. [Glossary of Legal Terms (Pro-Se),
2004].
Civilian supremacy principle. Pol. Law.
The doctrine that teaches the Civil register. 1. The various registry
supremacy of the sovereign Filipino books and related certificates and
people in line with the principle that documents kept in the archives of the
sovereignty resides in the people and local civil registry offices, Philippine
all government authority emanates from Consulates and of the Office of the Civil
them, and this supremacy is at all Registrar General. [Sec. 2, RA 9053]. 2.
times, supreme over the military. The official record of acts, events and
[Suarez, Pol. Law Reviewer, 1st Ed., judicial decrees concerning the civil
2002, p. 60]. status of persons. [Art. 407, CC].
Civil interdiction. The deprivation of the Civil registrar (of city or

offender during the time of his sentence municipality). The head of the local
of the rights of parental authority, or civil registry office of the city or
guardianship, either as to the person or municipality, as the case may be, who is
property of any ward, of marital appointed as such by the city or
authority, of the right to manage his municipal mayor in accordance with the
property and of the right to dispose of provisions of existing laws. [Sec. 2, RA
such property by any act or any 9048].
conveyance inter vivos. [Art. 34, RPC].
Civil registrar general. The
Civil law. 1. Law inspired by old Roman Administrator of the National Statistics
Law, the primary feature of which was Office (NSO) which is the agency
that laws were written into a collection; mandated to carry out and administer
codified, and not determined, as is the provision of laws on civil
common law, by judges. The principle of registration. [Sec. 2, RA 9053].
civil law is to provide all citizens with an
accessible and written collection of the Civil registry. The public record where
laws which apply to them and which acts, events and judicial decrees
judges must follow. [Duhaime's Legal concerning the civil status of persons
Dict., 2004]. 2. Law based on a series of are entered. [Bench Book for Trial Court
written codes or laws. [Glossary of Legal Judges, p. 3-4].
Civil rights. Those (rights) that belong to
Civil month. Also Solar month. That every citizen of the state or country, or,
which agrees with the Gregorian in a wider sense, to all its inhabitants,
calendar; and these months are known and are not connected with the
by the names of January, February, organization or administration of
March, etc. They are composed of government. They include the rights of
unequal portions of time. [Gutierrez v. property, marriage, equal protection of
Carpio, GR 31025. Aug. 15, 1929, citing the laws, freedom of contract, etc. Or,
Bouvier's Law Dictionary]. as otherwise defined, civil rights are
rights appertaining to a person by virtue
Civil obligations. Obligations which give of his citizenship in a state or
a right of action to compel their community. Such term may also refer,
performance. [Art. 1423, CC]. Compare in its general sense, to rights capable of
with Natural obligations. being enforced or redressed in a civil
action. [Simon v. CHR, GR 100150. Jan.
Civil procedure. 1. Procedure that treats 5, 1994, citing Black's Law Dict., 6th Ed.,
of the enforcement and protection of 1324].

98
Civil Service Commission. The central Clandestine. Something that is

personnel agency of the [Philippine] purposely kept from the view or
Government. [Sec. 3, Art IX (b), 1987 knowledge of others either in violation
Phil. Constitution]. of the law or to conduct or conceal
some illegal purpose. A clandestine
Civil Service Decree of the marriage would be one which does not
Philippines. PD 807 entitled Providing comply with laws related to publicity.
for the organization of the Civil Service [Duhaime's Legal Dict., 2004].
Commission in accordance with
provisions of the Constitution, Clandestine laboratory. Any facility
prescribing its powers and functions and used for the illegal manufacture of any
for other purposes signed into law on dangerous drug and/or controlled
Oct. 6, 1975. precursor and essential chemical. [Sec
3, RA 9165].
Civil society. Non-government
organizations (NGOs) and people's Clarificatory judgment. A judgment
organizations (POs). [Sec 4, RA 9275]. rendered by the court, upon motion,
when a judgment previously rendered is
Civil war. A war between opposing ambiguous and difficult to comply with.
groups within the same state. [Intl. Law [Claridades, A., Compilation of Notes,
Dict. & Direct., 2004]. 2001-2006].
Claim. 1. Right to payment, whether or Class. Civil Service Law. All positions in
not such right is reduced to judgment, the government service that are
liquidated, unliquidated, fixed, sufficiently similar as to duties and
contingent, matured, unmatured, responsibilities and require similar
disputed, undisputed, legal, equitable, qualifications that can be given the
secured, or unsecured; or right to an same title and salary and for all
equitable remedy for breach of administrative and compensation
performance if such breach gives rise to purposes, be treated alike. [Sec. 3, PD
a right to payment, whether or not such 807].
right to an equitable remedy is reduced
to judgment, fixed, contingent, Class "A" containers. 20, 35, 40 footer-
matured, unmatured, disputed, containers as per International Shipping
undisputed, secured, unsecured. Organization (ISO). [Sec. 1, PPA Admin.
[Black's Law Legal Dict., p. 224, 5th Ed.]. Order 08-79].
2. A debt owing by a debtor to another
person or business. In probate parlance, Class "B" containers. Containers owned
the term used for debts of the decedent by the shipping lines, the
and a procedure that must be followed measurement/sizes of which do not fall
by a creditor to obtain payment from his under the ISO standard. [Sec. 1, PPA
estate. [Glossary of Legal Terms (Pro- Admin. Order 08-79].
Se), 2004].
Classification. 1. The grouping of
Claim owner. 1. A holder of an existing persons or things similar to each other
mining right. [Sec. 3, RA 7076]. A in certain particulars and different from
holder of valid and subsisting mining each other in these same particulars.
claim(s). [Sec. 12, PD 1150]. [Assoc. of Small Landowners v. Sec. of
Agrarian Reform, GR 78742. July 14,
Claim preclusion. See Preclusion of 1989]. 2. The act of arranging positions
claims. according to broad occupational
groupings and determining differences
Claim to ownership. The documents of classes within each group. [Sec. 3,
serving as bases of awarding Torrens PD 985].
Title, Transfer Certificate Title, Copy of
Tax Declaration or Copy of Real Estate Classification. Requirements for validity:
Tax Receipt. [Memo. from the Exec. (a) It must be based on substantial
Sec. dated Aug. 20, 1998]. distinctions; (b) it must be germane to

99
the purposes of the law; (c) it must not persons; and (b) the parties are so
be limited to existing conditions only; numerous that it is impracticable to
and (d) it must apply equally to all the bring them all before the court. [Mathay
members of the class. [Assoc. of Small v. Consolidated Bank, 58 SCRA 559, 570
Landowners v. Sec. of Agrarian Reform, (1974); Oposa v. Factoran, 224 SCRA
GR 78742. July 14, 1989]. 792, 802 (1993)].
Class of position. Admin. Law. The basic Claused bill of lading. A bill of lading
unit of the Position Classification indicating that some discrepancy exists
System. A class consists of all those between the goods loaded and the
positions in the system which are goods listed on the bill. [Intl. Law Dict.
sufficiently similar as to (a) kind or & Direct., 2004].
subject matter of work; (b) level of
difficulty and responsibility; and (c) the Clean bill of exchange. Nego. Inst. One
qualification requirements of the work, to which are not attached documents of
to warrant similar treatment in tile to be delivered to the person against
personnel and pay administration. [Sec. whom the bill is drawn when he either
3, PD 985]. accepts or pays the bill. [Diaz, Bus. Law
Rev., 1991 Ed., p. 365].
Class or representative suit. When the
subject matter of the controversy is one Clean bill of lading. A bill of lading
of common or general interest to many indicating that the goods have been
persons, and the parties are so properly loaded on board the carrier's
numerous that it is impracticable to ship. [Intl. Law Dict. & Direct., 2004].
bring them all before the court, one or
more may sue or defend for the benefit Cleaner production. The application of
of all. But in such case the court shall an integrated, preventive environmental
make sure that the parties actually strategy to processes, products, services
before it are sufficiently numerous and to increase efficiency and reduce risk to
representative so that all interests humans and the environment. [Sec 4,
concerned are fully protected. Any party RA 9275].
in interest shall have a right to intervene
in protection of his individual interest. Clean hands. 1. A maxim of the law to
[Sec. 12, Rule 3, RoC]. the effect that any person, individual or
corporate, that wishes to ask or petition
Classroom shortage. The number of a court for judicial action, must be in a
classrooms whose construction, in position free of fraud or other unfair
considering the number of students conduct. [Duhaime's Legal Dict., 2004].
divided by the existing number of 2. An established and familiar principle
classrooms, shall result in a student- that he who comes to the courts must
classroom ratio of 45:1; classrooms shall come with clean hands. [Silagan v. IAC,
mean those exclusively used for GR 68743. May 8, 1991].
instructional purposes and shall exclude
offices, libraries, laboratories, Clean slate doctrine. Intl. Law. Doctrine
workshops and the like. [Sec. 3, RA that a new state coming into existence
7880]. through decolonization is under no
obligation to succeed to the treaties of
Class specification or standards. A its former colonial power. [Intl. Law
written description of a class of Dict. & Direct., 2004].
position(s). It distinguishes the duties,
responsibilities and qualification Clean-up operations. 1. Activities
requirements of positions in a given involving the removal of pollutants
class from those of other classes in the discharged or spilled into a water body
Position Classification System. [Sec. 3, and its surrounding areas, and the
PD 985]. restoration of the affected areas to their
former physical, chemical and biological
Class suit. Requisites: (a) The subject state or conditions. [Sec 4, RA 9275]. 2.
matter of the controversy is one of Activities conducted in removing the
common or general interest to many pollutants discharged or spilled in water

100
to restore it to pre-spill condition. [Sec. mistakes that are clerical in nature or

62, PD 1152]. changes that are harmless and
innocuous, such as the correction of a
Clear and convincing proof or misspelled name or occupation of the
evidence. 1. Proof (or evidence) that is parents. [Ansaldo v. Rep., 102 Phil.
more than mere preponderance, but not 1046]. 3. Those that are visible to the
to extent of such certainty as is required eyes or obvious to the understanding, or
beyond reasonable doubt as in criminal errors made by a clerk or transcriber, a
cases. [Manalo v. Roldan-Confesor, GR mistake in copying or writing. [Black v.
102358. Nov. 19, 1992, citing Black's Rep., 104 Phil. 848]. Compare with
Law Dict., 5th Ed., p. 227]. 2. Standard Substantial errors.
of proof (or evidence) commonly used in
civil lawsuits and in regulatory agency Clerical or typographical error. 1. A
cases. It governs the amount of proof mistake committed in the performance
that must be offered in order for the of clerical work in writing, copying,
plaintiff to win the case. [Glossary of transcribing or typing an entry in the
Legal Terms (Pro-Se), 2004]. civil register that is harmless and
innocuous, such as misspelled name or
Clear and present danger rule. The misspelled place of birth or the like,
libertarian test which was originally which is visible to the eyes or obvious to
espoused by Justice Holmes in Schenck the understanding, and can be corrected
v. US where he ruled that "the question or changed only by reference to other
in every case is whether the words used existing record or records. [Sec. 2, RA
are used in such circumstances and are 9053]. 2. An error made in copying or
of such nature as to create and present writing. [Yu v. Rep., GR L-20752. Nov.
danger that they will bring about the 25, 1967, citing Black's Law Dict.].
substantive evils that the State has a
right to prevent. [In re: Jurado, AM 93- Clerk of court. 1. An essential officer in
2-037 SC. Apr. 6, 1995]. Compare with any judicial system. His office is the hub
Dangerous tendency doctrine and of activities, both adjudicative and
Balancing test. administrative. The clerk of court keeps
the records and seal, issues processes,
Clearing agency. Any person who acts enters judgments and orders, and gives,
as intermediary in making deliveries upon request, certified copies form the
upon payment effect settlement in records. [Lloveras v. Sanchez, AM P-93-
securities transactions. [Sec. 3, RA 817. Jan. 18, 1994]. 2. Administrator or
8799]. chief clerical officer of the court.
Clearing check. A banking process to 2004].
determine the existence of sufficiency of
funds against which a check is drawn, Client. One who engages the ser-vices of
and the crediting of the account of the a lawyer for legal advice or for purposes
bank sending said check for clearing, of prosecuting or defending a suit in his
including the verification of the other behalf and usually for a fee. [Pineda,
defects that will render the check stale Legal and Judicial Ethics, (1999 Ed.), p.
or not payable. [Morenos Law Dict., 5].
2000 Ed., p. 77].
Clinic. A place in which patients avail of
Clemency. Also Executive clemency. medical consultations or treatments on
Act of grace or mercy by the President an out-patient basis. However, any clinic
to ease the consequences of a criminal or dispensary where there is at least six
act, accusation, or conviction. [Glossary beds or cribs or bassinets installed for
of Legal Terms (Pro-Se), 2004]. twenty-four-hour use by patients shall
be construed to fall within the definition
Clerical errors. 1. Mistakes by the clerk of a hospital as described in RA 4226.
in copying or writing, the making of [Sec. 2, RA 4226].
wrong entries in the public records
contrary to existing facts. [Lim v. Rep.. Close corporation. A corporation whose
GR L-8932, May 13, 1937]. 2. Those articles of incorporation provide that: (a)

101
all the corporation's issued stock of all Closely held corporation. Any
classes, exclusive of treasury shares, corporation at least fifty percent (50%)
shall be held of record by not more than in value of the outstanding capital stock
a specified number of persons, not or at least fifty percent (50%) of the
exceeding twenty (20); (b) all the issued total combined voting power of all
stock of all classes shall be subject to classes of stock entitled to vote is
one or more specified restrictions on owned directly or indirectly by or for not
transfer permitted by Title XII of the more than twenty (20) individuals. [Sec.
Corporation Code; and (c) the 127, NIRC as amended].
corporation shall not list in any stock
exchange or make any public offering of Close of election proceedings. As used
any of its stock of any class. in Secs. 3 and 4 of the Implementing
Notwithstanding the foregoing, a Rules of the Labor Code, the phrase
corporation shall not be deemed a close refers to that period from the closing of
corporation when at least two-thirds the polls to the counting and tabulation
(2/3) of its voting stock or voting rights of the votes. [Phil. Fruits and Vegetable
is owned or controlled by another Ind., Inc. v. Torres, GR 92391. July 3,
corporation which is not a close 1992].
corporation within the meaning of the
Corporation Code. [Sec. 96, Corp. Closing argument. The closing
Code]. Compare with Open statement, by counsel, to the trier of
corporation. facts after all parties have concluded
their presentation of evidence. [Glossary
Closed-end company. Any investment of Legal Terms (Pro-Se), 2004].
company other than an open-end
company. [Sec. 5, RA 2629]. See Open- Closing out sale. A consumer sale
end company. wherein the seller uses the
announcement to create the impression
Closed season. 1. The period during that he is willing to give large discounts
which the taking of specified fishery or merchandise in order to reduce,
species by a specified fishing gear is dispose or close out his inventory and
prohibited in a specified area or areas in business. [Art. 4, RA 7394].
Philip-pine waters. [Sec. 4, RA 8550]. 2.
The period during which fishing is Clothier. One who makes or sells cloths
prohibited in a specified area or areas in or clothing; especially, one who sells
Philippine waters, or to the period ready-made clothing. [Hashim v.
during which the catching or gathering Posadas, GR 24402. Feb. 19, 1926].
of specified species of fish or Compare with Tailor.
fishery/aquatic products or the use of
specified fishing gears to catch or gather Cloud on title. An outstanding
fish or fishery/aquatic product is instrument, record, claim, encumbrance
prohibited. [Sec. 3, PD 704]. or proceeding which is actually invalid or
inoperative, but which may nevertheless
Closed shop. Labor. An enterprise in impair or affect injuriously the title to
which, by agreement between the property. [Tolentino, Civil Code of the
employer and his employees or their Phil., Vol. II, Repr. 2001, p. 150, citing
representatives, no person may be Phelps v. Harris, 101 US 370].
employed in any or certain agreed
departments of the enterprise unless he Cluster housing. A single-family
or she is, becomes, and for the duration attached dwelling containing three or
of the agreement, remains a member in more separate living units grouped
good standing of a union entirely closely together to form relatively
comprised of or of which the employee compact structures. [Sec. 3, BP 220].
in interest are a part. [Findlay Millar
Timber Co. v. Phil. Land-Air-Sea Labor Cluster of schools. A group of schools
Union, GR L-18217 & L-18222. Sep. 29, which are geographically contiguous and
1962]. brought together to improve the
learning outcomes. [Sec. 4, RA 9155].

102
COA. See Commission on Audit. enacted on Aug. 4, 1967, as amended

by PD 601 signed into law on Dec. 9,
Coaccion. Sp. Unlawful coercion. [US v. 1974.
Mena, GR 4812. Oct. 30, 1908].
Coast police. An easement imposed,
Coalition. An aggrupation of duly under Arts. 8 to 10 of the Spanish Law
registered national, regional, sectoral of Waters of 1886, upon estates
parties or organizations for political adjacent to the sea or its shores
and/or election purposes. [Sec. 3, RA consisting in the obligation of leaving a
7941]. clear way not to exceed six meters in
breadth and marked off by the
Coal. A black or brownish-black solid government within the terrestrial coast
combustible rock formed by the zone. [Morenos Law Dict., 2000 Ed., p.
accumulation, decomposition and 79].
compaction of plant materials under a
long acting geological process. [Sec. Coast sea. The maritime zone encircling
1.2, IRR, EO 354 dated 5 July 1996]. the coasts, to the full width recognized
by international law. The States
Coal Development Act of 1976, The. provides for and regulates the police
PD 972 entitled Promulgating an Act to supervision and uses of this zone, as
promote an accelerated exploration, well as the right of refuge and immunity
development, exploitation, production therein, in accordance with law and
and utilization of coal signed into law international treaties. [Amada v. Dir. of
on July 28, 1976. Lands, GR 6866. Aug. 31, 1912].
Coal-fired power plant. An electricity- Coastwise or interisland shipping

generating plant which utilizes coal service. A water transport service
(whether locally produced or imported) which is not considered as a
as fuel. [Sec. 1.2, IRR, EO 354 dated 5 continuation of the highway when the
July 1996]. two terminals are separated by an open
sea. [San Pablo v. Pantranco South
Coal mine operator. Any person or Express, Inc.. GR L-61461 & 61501.
instrumentality (whether natural or Aug. 21, 1987]. Compare with
juridical) who is engaged in coal Ferryboat service.
production and/or operation of coal-
mining facility. [Sec. 1.2, IRR, EO 354 Cockfighting. The commonly known
dated 5 July 1996]. game or term: cockfighting derby,
pintakasi or tupada, or its equivalent
Coastal area or zone. A band of dry terms in different Philippine localities.
land and adjacent ocean space (water [Sec. 4, PD 449].
and submerged land) in which terrestrial
processes and uses directly affect Cockfighting Law of 1974. PD 449
oceanic processes and uses, and vice signed into law on May 9, 1974.
versa; its geographic extent may include
areas within a landmark limit of one (1) Cockpit. A pit or ring for cockfighting.
kilometer from the shoreline at high tide [US v. Estapia, GR L-12891. Oct. 19,
to include mangrove swamps, brackish 1917, citing Websters, Funk & Wagnalls,
water ponds, nipa swamps, estuarine and the 20th Century Dict.].
rivers, sandy beaches and other areas
within a seaward limit of 200 meters COD. See Cash on delivery.
isobath to include coral reefs, algal flats,
sea grass beds and other soft-bottom Coddler. See Protector.
areas. [Sec. 4, RA 8550].
Code. A system of words or other
Coast Guard Law. RA 5173 entitled An symbols arbitrarily used to represent
Act creating a Philippine Coast Guard, words. [Sec. 42, RA 5921].
prescribing its powers and functions,
appropriating the necessary funds Code of Commerce. The Spanish Code
therefor, and for other purposes of Commerce of 1885 with some

103
adaptations made by the Comision de Coercions (compulsory purchase of

Codificacion de las Provincias de merchandise). Crim. Law. The felony
Ultramar, extended to the Philippines committed by any person, agent or
by the Royal Decree dated Aug. 6, 1888, officer, of any association or corporation
and became effective on Dec. 1, 1888. who shall force or compel, directly or
[Martin, Commentaries and Jurisp. on indirectly, or shall knowingly permit any
Comml. Laws, Vol. 1, 1988 Rev. Ed., p. laborer or employee employed by him or
1]. by such firm or corporation to be forced
or compelled, to purchase merchandise
Code of Conduct and Ethical or commodities of any kind. [Art. 288,
Standards for Public Officials and RPC].
Employees. RA 6713 entitled An Act
establishing a code of conduct and Coercions (payment of wages by
ethical standards for public officials and means of tokens). Crim. Law. The
employees, to uphold the time-honored felony committed by any person who
principle of public office being a public shall pay the wages due a laborer or
trust, granting incentives and rewards employee employed by him, by means
for exemplary service, enumerating of tokens or objects other than the legal
prohibited acts and transactions and tender currency of the laborer or
providing penalties for violations thereof employee. [Art. 288, RPC].
and for other purposes enacted on Feb.
20, 1989. Co-generation facility. A facility which
produces electrical and/or mechanical
Code of Muslim Personal Laws of the energy and forms of useful thermal
Philippines. PD 1083 entitled A energy such as heat or steam which are
Decree to ordain and promulgate a code used for industrial commercial heating
recognizing the system of Filipino or cooling purposes through the
Muslim laws, codifying Muslim personal sequential use of energy. [Sec. 4, RA
laws, and providing for its 9136].
administration and for other purposes
signed into law on Feb. 4, 1977. Cogitationis poenam nemo meretur.
Lat. No man deserves punishment for
Code of Professional Responsibility. his thoughts. [Salonga v. Pao, GR L-
The rules of conduct that govern the 59524. Feb. 18, 1985].
legal profession. [Claridades, A.,
Compilation of Notes, 2001-2006]. Cognition test. Crim. Law Complete
deprivation of intelligence in committing
Code on Sanitation of the the (criminal) act. Compare with
Philippines. PD 856 enacted on Dec. Volition.
23, 1975.
Cognition theory. Under this theory,
Codicil. 1. A supplement or addition to a acceptance is considered to effectively
will, made after the execution of a will bind the offeror only from the time it
and annexed to be taken as a part came to his knowledge. [Suggested
thereof, by which disposition made in Answer for the 1997 Bar, UPLC, (2002),
the original will is explained, added to, p. 55]. Compare with Manifestation
or altered. [Art. 825, CC]. 2. An theory.
amendment to an existing will. It does
not mean that the will is totally Cognovit judgment. Confession of
changed; just to the extent of the judgment by the debtor. Written
codicil. [Duhaime's Legal Dict., 2004]. authority of the debtor and his direction
for the entry of judgment against him in
Coercion. Exertion of physical violence or the event he shall default in payment.
moral pressure upon a person in a Such provision in a debt instrument or
manner that is determined and constant agreement permits the creditor or his
until the lawful purpose is realized. attorney on default to appear in court
[Gregorio, Fund. of Crim. Law Rev., and confers judgment against the
1997 9th Ed., pp. 687]. debtor. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 135; 43 Phil. 444].

104
the full value of the property insured.

Cognovit note. An extraordinary note [Suggested Answer for the 1994 Bar,
which authorizes an attorney to confess UPLC, (2002), p. 107]. Compare with
judgment against the person or persons Reinsurance.
signing it. It is a written authority of a
debtor and a direction by him for the Coitus. 1. Sexual intercourse. [People v.
entry of judgment against him if the Tan, GR 89316. July 12, 1990]. 2.
obligation set forth in the note is not Copulation. [People v. Padan, GR L-
paid when due. Such judgment may be 7295. June 28, 1957].
taken by any person holding the note
which cuts off every defense which the Co-lessee. One who jointly with another
maker of the note may otherwise have enters into a contract of lease with the
and it likewise cuts of all rights of lessor and who binds himself to perform
appeal from any judgment taken on it. the obligations of such lessee. [Morenos
[Blacks Law Dict., Abr. 5th Ed. (1983), Law Dict., 2000 Ed., p. 78].
p. 135; 43 Phil. 444].
Collaboration. The acts of working
COGSA. See Carriage of Goods by Sea together in a joint project. [Kilosbayan
Act. v. Guingona, GR 113375. May 5, 1994].
Cohabit. To dwell or live together as Collate. To arrange in order; verify

husband and wife; to live together as arrangement of pages before binding or
husband and wife although not legally fastening; put together. [Glossary of
married; to live together in the same Legal Terms (Pro-Se), 2004].
house, claiming to be married; to live
together at bed and board. [People v. Collateral. Property which has been
Pitoc, GR 18513. Sep. 18, 1922, citing committed to guarantee a loan.
Corpus Juris, vol. 11, p. 950]. [Duhaime's Legal Dict., 2004].
Cohabitation. The term implies living Collateral agreement. Evid. A contract

together and having repeated sex. made prior to or contemporaneous with
[Bitangcor v. Tan, Adm. Case 528-SBC. another agreement. [Claridades, A.,
Feb. 25, 1982]. Compilation of Notes, 2001-2006].
Coin. A piece of round metal, which may Collateral attack. One that is made
sometimes be square or any shape when, in another action to obtain a
either of gold, silver, nickel or copper different relief, an attack on the
representing definite intrinsic or judgment is made as an incident in said
exchange value, issued by the action. This is proper only when the
government authority to be used as judgment, on its face, is null and void,
money, and usually bearing on one side, as where it is patent that the court
commonly called the obverse, an which rendered said judgment has no
allegory, sign, shield, effigy, design, jurisdiction. [Macabingkil v. PHHC, 72
etc., containing the inscription or legend SCRA 326 (1976)]. Compare with
including all letters and numerals of the Direct attack against a judgment.
coin. [Gregorio, Fund. of Crim. Law
Rev., 1997 9th Ed., p. 442, citing II Feria Collateral attack of corporate
and Gregorio]. existence. One whereby corporate
existence is questioned in some
Co-insurance. The percentage in the incidental proceeding not provided by
value of the insured property which the law for the express purpose of attacking
insured himself assumes or undertakes the corporate existence. [De Leon, Corp.
to act as insurer to the extent of the Code of the Phil. Annotated, 1989 Ed.,
deficiency in the insurance of the p. 152].
insured property. In case of loss or
damage, the insurer will be liable only Collateral descendant. A descendant
for such proportion of the loss or that is not direct, such as a niece or a
damage as the amount of insurance cousin. [Duhaime's Legal Dict., 2004].
bears to the designated percentage of

105
Collateral estoppel. See paying therefor. [Sec. 1, PD 426]. See

Conclusiveness of Judgment. Mercantile agency.
Collateral facts. Facts that are outside Collection expense. An expense

the controversy, or are not directly incurred to collect an obligation. It is in
connected with the principal matter or the nature of actual damages and
issue in dispute, as indicated in the therefore must be duly proved.
pleadings of the parties. [Francisco, [Morenos Law Dict., 2000 Ed., p. 80].
Evidence, Vol. VII, Part 1, 1997 Ed., p.
61]. Collection or collecting. The act of
gathering or harvesting wildlife, its by-
Collateral fraud. See Extrinsic fraud. products or derivatives. [Sec. 5, RA
9147].
Collateral-free arrangement. A
financial arrangement wherein a loan is Collective bargaining. Labor. It
contracted by the debtor without the denotes, in common usage as well as in
conventional loan security of a real legal terminology, negotiations looking
estate or chattel mortgage in favor of toward a collective agreement.
the creditor. In lieu of these [Pampanga Bus Co. v. Pambusco
conventional securities, alternative Employees' Union, 68 Phil. 541].
arrangements to secure the loans and
ensure repayment are offered and Collective bargaining agreement
accepted. [Sec. 3, RA 8425]. (CBA). Labor. 1. The negotiated
contract between a legitimate labor
Collateral line. That constituted by the organization and the employer
series of degrees among persons who concerning wages, hours of work and all
are not ascendants and descendants, other terms and conditions of
but who come from a common ancestor. employment in a bargaining unit,
[Art. 964, CC]. Compare with Direct including mandatory provisions for
line. grievances and arbitration machineries.
[Sec. 1, Rule 1, Book 5, IRR of LC]. 2. A
Collateral trust bond. Corp. Law. Bond contract executed upon request of
secured by a lien on securities deposited either the employer or the exclusive
with a trustee constituting collateral. bargaining representative incorporating
[Diaz, Bus. Law Rev., 1991 Ed., p. 269]. the agreement reached after
negotiations with respect to wages,
Collation. Succ. 1. The act of bringing hours of work and all other terms and
into the mass of the estate any property conditions of employment, including
or right which a compulsory heir, who proposals for adjusting any grievances
succeeds with other compulsory heirs, or questions arising under such
may have received from the decedent, agreement. [Davao Integrated Port
during the lifetime of the latter, by way Stevedoring Services v. Abarquez, GR
of donation, or any other gratuitous 102132. Mar. 19, 1993].
title, in order that it may be computed in
the determination of the legitime of Collective bargaining agreement,
each heir, and in the account of the gross violations of. Labor. Flagrant
partition. [Art. 1061, CC]. 2. The and/or malicious refusal to comply with
fictitious mathematical process of the economic provisions of the
adding the value of the thing donated to Collective Bargaining Agreement (CBA),
the net value of the hereditary estate. which act is considered as an unfair
[Claridades, A., Compilation of Notes, labor practice cognizable by the labor
2001-2006]. arbiter. [Poquiz, Labor Rel. Law, 1999
Ed. p. 22].
Collecting agency. Any person other
than a practicing Attorney-at-Law Collective bargaining unit. Labor. A
engaged in the business of collecting or group of employees of a given
suing debts or liabilities placed in his employer, comprised of all or less than
hands, for said collection or suit, by all of the entire body of employees,
subscribers or customers applying and which the collective interests of all the

106
employees, consistent with equity to the cooperate to obtain a judgment. [Intl.

employer, indicate to be best suited to Law Dict. & Direct., 2004].
serve reciprocal rights and duties of the
parties under the collective bargaining Colorable imitation. 1. Close or
provisions of the law. [Belyca Corp. v. ingenious imitation as to be calculated
Ferrer-Calleja, GR L-77395. Nov. 29, to deceive ordinary persons, or such a
1988, citing Rothenberg in Labor Rel., p. resemblance to the original as to
482]. deceive an ordinary purchaser giving
such attention as a purchaser usually
Collective mark. 1. Any visible sign gives, and to cause him to purchase the
designated as such in the application for one supposing it to be the other.
registration and capable of [Etepha v. Dir. of Patents, GR L-20635.
distinguishing the origin or any other Mar. 31, 1966, citing 87 CJS, p. 287]. 2.
common characteristic, including the Such similarity in form, content, words,
quality of goods or services of different sound, meaning, special arrangement,
enterprises which use the sign under the or general appearance of the trademark
control of the registered owner of the or trade-name with that of the other
collective mark. [Sec. 40, RA 166]. 2. A mark or trade name in their over-all
mark or symbol used by a group to presentation or in their essential,
identify itself to its members. [Intl. Law substantive and distinctive parts as
Dict. & Direct., 2004]. would likely mislead or confuse persons
in the ordinary course of purchasing the
Collective work. A work which has been genuine article. [Emerald Garment v.
created by two (2) or more natural CA, GR 100098. Dec. 29, 1995, citing
persons at the initiative and under the Ruben Agpalo, Trademark Law &
direction of another with the Practice in the Phil., 1990, p. 41].
understanding that it will be disclosed
by the latter under his own name and Colorable title. That title which a person
that contributing natural persons will not has when he acquired the thing in good
be identified. [Art. 171, RA 8293]. faith from whom he believes to be the
owner. [Morenos Law Dict., 2000 Ed.,
Collector. Any person or institution who p. 81].
acquires cultural properties and National
cultural treasures for purposes other Combatants. Those who engage directly
than sale. [Sec. 3, RA 4846]. or indirectly in the hostilities. [Cruz, Intl.
Law Reviewer, 1996 Ed., p. 135].
Collector or agent (cabo, cobrador,
coriador or variants thereof). Any Combination in restraint of trade. An
person who collects, solicits or produces agreement or under-standing between
bets in behalf of his/her principal for any two or more persons, in the form of a
illegal numbers game who is usually in contract, trust, pool, holding company,
possession of gambling paraphernalia. or other form of association, for the
[Sec. 2, RA 9287]. purpose of unduly restricting
competition, monopolizing trade and
Collide. To come into violent contact; commerce in a certain commodity,
strike violently against each other. controlling its production, distribution
[Morenos Law Dict., 2000 Ed., p. 81]. and price, or otherwise interfering with
freedom of trade without statutory
Collusion. A secret agreement between authority. [Tatad v. Sec. of Energy, GR
two or more persons, who seem to have 124360. Nov. 5, 1997, citing Black's Law
conflicting interests, to abuse the law or Dict., 6th Ed., p. 266]. Compare with
the legal system, deceive a court or to Monopoly.
defraud a third party. [Duhaime's Legal
Dict., 2004]. Combustible, flammable or
inflammable. Descriptive of materials
Collusive action. From Lat. cullosio: a that are easily set on fire. [Sec. 3, PD
secret understanding. A suit where the 1185].
parties are not at odds but where they

107
Combustible fiber. Any readily ignitable and place and in good quality and
and free burning fiber such as cotton, quantity [Miravite, Bar Review Materials
oakum, rags, waste cloth, waste paper, in Comm. Law, 12th Ed., (2002), p. 1,
kapok, hay, straw, spanish moss, citing 1 Blanco 36]. 2. The sale, lease,
excelsior and other similar materials exchange, traffic or distribution of
commonly used in commerce. [Sec. 3, goods, commodities, productions,
PD 1185]. services or property, tangible or
intangible. [Art. 4, RA 7394].
Combustible liquid. Any liquid having a
flash point at or above 37.8c (100f). Commercial. Viewed with regard for
[Sec. 3, PD 1185]. profit. Designed for profit. [Morenos
Law Dict., 2000 Ed., p. 81].
Comelec. See Commission on
Elections. Commercial arbitration. An arbitration
that covers matter arising from all
Coming to court with unclean hands. relationships of a commercial nature,
See Unclean or dirty hands. whether contractual or not. [Sec. 3, RA
9285].
Comity. From Lat. comitas:
courteousness; or comitas gentium: the Commercial bank. A business firm that
courteousness of nations. 1. The maintains custody of money deposited
practice or courtesy existing between by its customers and pays on drafts
countries whereby the laws and written by its customers. It earns its
institutions of each are recognized and profits by investing the money it has on
respected. Comity is to be distinguished deposit. [Intl. Law Dict. & Direct.,
from international law, because 2004].
international law is a binding obligation
and comity is not. [Intl. Law Dict. & Commercial blood bank. A blood bank
Direct., 2004]. 2. The doctrine requiring that exists for profit. [Sec. 3 (c), RA
courts of one state to recognize the laws 7719].
and judgments of competent courts of
another state, in order to secure the Commercial broker. The term includes
reciprocal recognition by that foreign all persons other than importers,
state of the laws and the judgments of manufacturers, producers or bona fide
the first state. [Tetley, Glossary of employees, who, far compensation or
Conflict of Laws, 2004]. profit, sell or bring about sales or
purchases of merchandise for other
Commencement of action. Rem. Law. persons, or bring proposed buyers and
1. A civil action is commenced by the sellers together, or negotiate freight or
filing of the original complaint in court. other business for owners of vessels, or
If an additional defendant is impleaded other means of transportation, or for
in a later pleading, the action is the shippers, or consignors or
commenced with regard to him on the consignees of freight carried by vessels
date of the filing of such later pleading, or other means of transportation. The
irrespective of whether the motion for term includes commission merchant.
its admission, if necessary, is denied by [Ker & Co. Ltd. v. Lingad, GR L-20871.
the court. [Sec. 5, Rule 1, RoC]. 2. An Apr. 30, 1971, citing Sec. 194 (t),
action properly commenced by the NIRC].
filing of the complaint and the payment
of all requisite docket and other fees. Commercial contract. The agreement
[Davao Light & Power Co., Inc. v. CA, between two or more merchants, and at
GR 93262. Nov. 29, 1991]. times between those who are not,
whereby they bind themselves to give or
Commerce. 1. That branch of human to do something in commercial
activity, the purpose of which is to bring transactions. [Martin, Commentaries and
products to the consumer by means of Jurisp. on Comml. Laws, Vol. 1, 1988
exchanges or operations which tend to Rev. Ed., p. 45].
supply and extend to him, habitually,
with intent to gain at the proper time

108
Commercial document. Any instrument [Claridades, A., Compilation of Notes,

executed in accordance with the Code of 2001-2006].
Commerce or any mercantile law
containing disposition of commercial Commercial logging. The cutting,
rights or obligations. [Gregorio, Fund. of felling or destruction of trees from old
Crim. Law Rev., 1997 9th Ed., p. 450]. growth and residual forests for the
purpose of selling or otherwise
Commercial establishments. disposing of the cut or felled logs for
Department stores, supermarkets, profit. [Sec. 3, RA 7611].
shopping malls, office buildings, hotels,
theaters, stadiums, condominiums, Commercial papers. 1. Instruments
convention centers, restaurant and the evidencing indebtedness of any person
like, used for business or profit. [Sec. 2, or entity which are issued, endorsed,
RA 7920]. sold or transferred or in any manner
conveyed to another person or entity,
Commercial fishing. 1. The taking of with or without recourse. [Perez v. CA,
fishery species by passive or active gear GR L-56101. Feb. 20, 1984, citing The
for trade, business & profit beyond Money Market Industry Today: A
subsistence or sports fishing, to be Question of Survival by Horacio T.
further classified as: (a) Small scale Lava, Jr., PNB Quarterly, A Supplement
commercial fishing fishing with of the Philnabank News, 2nd Qtr. 1978].
passive or active gear utilizing fishing 2. An alternative name for a negotiable
vessels of 3.1 gross tons (GT) up to instrument. [Intl. Law Dict. & Direct.,
twenty (20) GT; (b) Medium scale 2004].
commercial fishing fishing utilizing
active gears and vessels of 20.1 GT up Commercial registry. 1. A book where
to one hundred fifty (150) GT; and 3. entries are made of merchants and of
Large commercial fishing fishing documents affecting their commercial
utilizing active gears and vessels of transactions. 2. An office established for
more than one hundred fifty (150) GT. the purpose of copying and recording
[Sec. 4, RA 8550]. 2. Fishing for verbatim certain classes of documents
commercial purposes in waters more of commercial nature. [Claridades, A.,
than seven fathoms deep with the use Compilation of Notes, 2001-2006].
of fishing boats more than three gross
tons. [Sec. 3, PD 704; Sec. 3, PD 43]. Commercial sand and gravel permit.
The permit granted by the provincial
Commercial land. Land devoted governor to any qualified person to
principally to commercial purposes, and extract and remove sand and gravel or
generally for the object of profit. [Sec. other loose or unconsolidated materials
3, PD 464]. which are used in their natural state,
without undergoing process-sing from
Commercial law. 1. That branch of an area of not more than five hectares
private law which regulates the juridical (5 has.) and in such quantities as may
relations arising from commercial acts. be specified in the permit. [Sec. 46, RA
[Miravite, Bar Review Materials in 7942].
Comm. Law, 12th Ed., (2002), p. 1]. 2.
The whole body of substantive Commercial scale. A scheme of
jurisprudence applicable to the rights, producing a minimum harvest per
intercourse and relations of persons hectare per year of milkfish or other
engaged in commerce, trade, or species including those raised in pens,
mercantile pursuits. cages, and tanks. [Sec. 4, RA 8550].
Commercial letter of credit. An Commercial scale fishpond

instrument by which a bank, for the production. Production of fish in fully
account of a buyer of merchandise, developed fishpond of not less than 500
gives formal evidence to a seller, of its kilograms of production per hectare per
willingness to permit the seller, to draw year. [Sec. 3, PD 43].
bills against it, and stipulates in legal
form that all such bills will be honored.

109
Commission. Crim. Law. Doing or the 1987 Constitution which acts on all
preparation; the performance of an act. appointments submitted to it (by the
[Torres v. Gonzales, GR 76872. July 23, Executive Department) within thirty
1987, citing Groves v. State, 116 Ga. session days of the Congress from their
516]. submission. It consists of the President
of the Senate, as ex officio Chairman,
Commission. 1. Rem. Law. An twelve Senators, and twelve Members of
instrument issued by a court of justice, the House of Representatives, elected
or other competent tribunal, to by each House on the basis of
authorize a person to take depositions, proportional representation from the
or do any other act by authority of such political parties or organizations
court or tribunal. [Dasmarias Garments registered under the party-list system
v. Reyes, GR 108229. Aug. 24, 1993, represented therein.
citing Feria, J., Civil Proc., 1969 ed., p.
415]. 2. Admin. Law. A body composed Commission on Audit (COA). It is not
of several persons acting under lawful an executive agency (but) is one of the
authority to perform some public three (3) independent constitutional
service. [Louisville Mun. Housing commissions. It is vested with the
Commission v. Public Housing Admin., power and authority, and charged with
261 Southwestern Reporter, 2nd, p. the duty, to examine, audit and settle all
286]. 3. A board or committee of accounts pertaining to the expenditures
officials appointed and empowered to or uses of funds owned by or pertaining
perform certain acts or exercise certain to, the Government or any of its
jurisdiction of a public nature or service. subdivisions, agencies, or
[GMCR v. Bell Telecom, GR 126496. Apr. instrumentalities. [Comm. of Int. Rev. v.
30, 1997, citing Blacks Law Dict., p. COA, GR 101976. Jan. 29, 1993, citing
246). 4. A percentage or allowance Art. IX [D], Sec. 2 [1], 1987 Const.].
made to a factor or agent for
transacting business for another Commission on Elections. An
[Moreno's Phil. Law Dict., 3rd Ed., p. independent constitutional body created
852, citing People v. Sua Bok, 1 OG by a 1940 amendment to the 1935
689]. Constitution. Since then, its membership
was enlarged and its powers expanded
Commission agent. An agent who is by the 1973 and 1987 Constitutions.
authorized to buy or sell for the principal The Commission exercises not only
personal property and for which purpose administrative and quasi-judicial powers,
said personal property is placed in his but judicial power as well. [Comelec
possession. [Diaz, Bus. Law Rev., 1991 website].
Ed., p. 165]. See Factor.
Commission on the Filipino Language
Commissioner. A person to whom a Act. RA 7104 entitled An Act creating
case pending in court is referred, for the Commission on the Filipino
him to take testimony, hear the parties Language, prescribing its powers, duties
and report thereon to the court, and and functions, and for other purposes
upon whose report, if confirmed, enacted on Aug. 14, 1991.
judgment is rendered. [Claridades, A.,
Compilation of Notes, 2001-2006]. Also Commit. To send a person to prison,
called Referee. asylum, or reformatory by a court order.
Commission of another crime during 2004].
service of penalty imposed for
another offense. The commission by Commitment or surrender of a child.
any person of a felony after having been The legal act of entrusting a child to the
convicted by final judgment, before care of the DSWD or any duly licensed
beginning to serve such sentence, or child placement agency or individual.
while serving the same. [Art. 160, RPC]. [Art. 141, PD 603].
Commission on Appointments. The Commixtion. The mixture of things, solid

body created under Sec. 18, Art. VI of or liquid, belonging to different owners,

110
the mixture of liquids being more ordinary experiences of life, or may be

specifically called Confusion. [Tolentino, matters which are generally accepted by
Civil Code of the Phil., Vol. II, Repr. mankind as true and are capable of
2001, p. 99]. ready and unquestioned demonstration.
[State Prosecutors v. Muro, AM RTJ-92-
Commodatum. A contract of loan 876. Sep. 19, 1994].
whereby one of the parties delivers to
another, either something not Common law. 1. Judge-made law. Law
consumable so that the latter may use which exists and applies to a group on
the same for a certain time and return the basis of historical legal precedents
it. [Art. 1933, CC]. Compare with developed over hundreds of years.
Simple loan. Because it is not written by elected
politicians but, rather, by judges, it is
Commodity futures contract. An also referred to as unwritten law.
agreement to buy or sell a specified [Duhaime's Legal Dict., 2004]. 2. Law
quantity and grade of a commodity at a established by subject matter heard in
future date at a price established at the earlier cases. [Jurists Legal Dict., 2004].
floor of the exchange. [Onapal Phils. Also Case law.
Commodities, Inc. v. CA, GR 90707.
Feb. 1, 1993.] Common open markets. Also
Palengke. (Markets) with dry and wet
Commodity treatment. Any form of sections, foodstalls, fruit and vegetable
treatment applied to plants, plant sections, etc., where the retailers or
products, and other materials capable of market stall operators are lessees who
harboring plant pests, for the purpose of pay fixed rents for the use of market
destroying or eliminating any space. [Cruz v. CA, GR L-44178. Aug.
infection/infestation caused by plant 21, 1987].
pests. [Sec. 2, PD 1433].
Common reputation. Reputation
Commodum ex injuria sua nemo existing previous to the controversy,
habere debet. Lat. No one ought to be respecting facts of public or general
a gainer by his own wrong. [Ramos v. interest more than thirty years old, or
Central Bank, GR L-29352. Jan. 21, respecting marriage or moral character,
1986]. which may be given in evidence.
Monuments and inscriptions in public
Common areas and facilities. Portions places may be received as evidence of
of the condominium property not common reputation. [Sec. 41, Rule 130,
included in the units. [GOAL, Inc. v. CA, RoC].
GR 118822. July 28, 1997]. Compare
with Unit. Common share. 1. A share which
entitles the holder thereof to an equal
Common carriers. Also Public pro rata division of the profits, if there
carriers. 1. Persons, corporations, firms are any, and in its assets upon
or associations engaged in the business dissolution, without any preference or
of carrying or transporting passengers advantage in that respect over other
or goods or both, by land, water, or air, stockholder or class of stockholders but
for compensation, offering their services equally with all stockholders except
to the public. [Art. 1732, CC]. 2. Any preferred stockholders. [De Leon, Corp.
transportation facility which publicly Code of the Phil. Annotated, 1989 Ed.,
undertakes to transport persons or p. 61]. 2. The basic share in a company.
property for a stated price and without Typically, common shares have voting
restriction. [Torres, Oblig. & Cont., 2000 rights and a pro rata right to any
Ed., p. 348]. Compare with Private dividends declared. They differ from
carrier. preferred which, by definition, carry
some kind of right or privilege above the
Common knowledge. Things of which common shares (e.g., first to receive
courts take judicial notice, (which) may any dividends). [Duhaime's Legal Dict.,
be matters coming to the knowledge of 2004]. Compare with Preferred share.
men generally in the course of the

111
Commonwealth Acts. Statutes enacted at the time of the celebration of the

during the Commonwealth period from marriage or acquired thereafter. [Art.
1936 to 1946. [Suarez, Stat. Con., 91, FC].
(1993), p. 42].
Community property. Exceptions: (a)
Communal claims. Claims on land, Property acquired during the marriage
resources and rights thereon, belonging by gratuitous title by either spouse, and
to the whole community within a the fruits as well as the income thereof,
defined territory. [Sec. 4, RA 8371]. if any, unless it is expressly provided by
the donor, testator or grantor that they
Communal irrigation system (CIS). shall form part of the community
An irrigation system that is managed by property; (b) property for personal and
a bona fide Irrigators Association. [Sec. exclusive use of either spouse.
4, RA 8435]. However, jewelry shall form part of the
community property; (c) property
Communicate. In contracts of adhesion, acquired before the marriage by either
like an insurance contract, to serve spouse who has legitimate descendants
notice in writing or to correspond and by a former marriage, and the fruits as
effectively communicate with the well as the income, if any, of such
assured. [Morenos Law Dict., 2000 Ed., property. [Art. 92, FC].
p. 84].
Commutation of leave credits, More
Communication. The act of sharing or commonly known as Terminal leave.
imparting, as in a conversation. The Commutation applied for by an officer or
process by which meanings or thoughts employee who retires, resigns or is
are shared between individuals through separated from the service through no
a common system of symbols (as fault of his own. [Borromeo v. CSC, GR
language signs or gestures). [Ramirez v. 96032. July 31, 1991, citing Manual on
CA. GR 93833. Sep. 28, 1995, citing Leave Admin. Course for Effectiveness,
Webster's 3rd New Intl. Dict., p. 460 CSC, pp. 16-17).
(1976)].
Commutation of salary. Commutation
Communication to the public. The applied for by an employee during
making of a work available to the public employment when he goes on ordinary
by wire or wireless means in such a way leave. [Borromeo v. CSC, GR 96032.
that members of the public may access July 31, 1991].
these works from a place and time
individually chosen by them. [Art. 171, Commutation of sentence. 1. The
RA 8293]. change in the sentence of the court
made by the President which consists in
Communication to the public of a reducing the penalty imposed upon the
performance or a sound recording. offender. Such substitutes the original
The transmission to the public, by any penalty. [Gregorio, Fund. of Crim. Law
medium, otherwise than by Rev., 1997 9th Ed., p. 323]. 2. The
broadcasting, of sounds of a reduction of penalty imposed. Its object
performance or the representations of is the rehabilitation of the criminal
sounds fixed in a sound recording. [Sec. offender. [Llamas v. Orbos, GR 99031.
202, RA 8293]. Oct. 15, 1991]. 3. The reduction of a
sentence, as from death to life
Community facilities. Facilities or imprisonment. [Glossary of Legal Terms
structures intended to serve common (Pro-Se), 2004].
needs and for the benefit of the
community, such as: neighborhood, Company. 1. A corporation, a registered
multi-purpose center, health center, partnership, or an association lawfully
drugstore, school, livelihood center, etc. transacting business in the Philippines.
[Sec. 3, BP 220]. [Sec. 3, RA 2629]. 2. A legal entity,
allowed by legislation, which permits a
Community property. It shall consist of group of people, as shareholders, to
all the property owned by the spouses create an organization, which can then

112
focus on pursuing set objectives, and increased by the working conditions.

empowered with legal rights which are [Rodriguez v. ECC, GR 46454. Sep. 28,
usually only reserved for individuals, 1989].
such as to sue and be sued, own
property, hire employees or loan and Compensable illness. It may be: a) any
borrow money. [Duhaime's Legal Dict., illness definitely accepted as an
2004]. Also known as a Corporation. occupational disease listed by the
Employees Compensation Commission,
Company goodwill. The product of a or b) any illness caused by employment,
corporate entitys reputation in the subject to proof that the risk of
business community brought about by contracting the same is increased by
the investment and efforts of its working conditions. [Sierra v. GSIS, GR
stockholders and officers. [Morenos Law 50954. Feb. 8, 1989, citing PD 626].
Dict., 2000 Ed., pp. 85-85]. See also
Business goodwill and Goodwill. Compensable injury. Any harmful
change in the human organism from any
Company union. Any labor organization accident arising out of and in the course
whose formation, function or of the employment. [Honoguin v. ECC,
administration has been assisted by any GR 84307. Apr. 17, 1989, citing Art. 167
act defined as unfair labor practice by (k), LC].
the Labor Code. [Art. 212, LC].
Compensable sickness. Any illness
Comparative fault. A rule in maritime definitely accepted as an occupational
law where each vessel involved in a disease. Any illness caused by
collision is required to pay a share of the employment subject to proof by the
total damages in proportion to its employee that the risk of contracting
percentage of fault. See also the same is increased by working
Proportionate fault. conditions. [Morenos Law Dict., 2000
Ed., p. 85].
Comparative negligence. 1. A principle
of tort law which looks at the negligence Compensable taking. There is
of the victim and which may lead to compensable taking when the following
either a reduction of the award against conditions concur: (a) the expropriator
the defendant, proportionate to the must enter a private property; (b) the
contribution of the victim's negligence, entry must be for more than a
or which may even prevent an award momentary period; (c) the entry must
altogether if the victim's negligence, be under warrant or color of legal
when compared with the defendant, is authority; (d) the property must be
equal to or greater in terms or devoted to public use or otherwise
contributing to the situation which informally appropriated or injuriously
caused the injury or damage. affected; and (e) the utilization of the
[Duhaime's Legal Dict., 2004]. 2. The property for public use must be in such
rule under which negligence is a way as to oust the owner and deprive
measured by percentage, and damages him of beneficial enjoyment of the
are diminished in proportion to the property. [Assoc. of Small Landowners
amount of negligence attributable to the in the Phil. v. Sec. of Agrarian Reform,
person seeking recovery. [Glossary of GR 78742. July 14, 1989].
Compensatio morae. Lat. Delay
Compendious substitution. The committed by both parties in reciprocal
substitution of one person for two or obligations. [Diaz, Bus. Law Rev., 1991
more heirs. [Art. 860, CC]. Ed., p. 6].
Compensable disease. Any illness Compensation. 1. Labor. The basic pay

accepted and listed by the Employees' or salary received by an employee,
Compensation Com-mission (ECC) or pursuant to his employment or
any illness caused by the employment appointment, excluding per diems,
subject to proof by the employee that bonuses, overtime pay, and allowances.
the risk of contracting the same was [Sec. 2, PD 1146]. 2. Civ. Law. It takes

113
place when two persons, in their own

right, are creditors and debtors of each Compensatory damages. A definite
other. [Art. 1278, CC]. sum of money awarded to the plaintiff
by a court as fair and just recompense
Compensation. Civ. Law. It takes place for injury sustained to a person,
when two persons, in their own right, property or even reputation. [Torres,
are creditors and debtors of each other. Oblig. & Cont., 2000 Ed., p. 347]. 2.
[Art. 1278, CC]. Money to be paid for the cost of the
injury suffered. [Intl. Law Dict. &
Compensation. Civ. Law. Kinds: (a) Direct., 2004]. See Actual damages.
Total when both obligations are of the
same amount and are entirely Compensatory interest. Interest as
extinguished; (b) partial when the two damages for delay in payment (from
obligations are of different amounts and date of demand to date of payment).
the two obligations will be extinguished [Reins. Co. of the Orient, Inc. v. CA, GR
only as to the concurrent amounts; (c) L-61250. June 3, 1991]. Compare with
legal when it takes place by operation of Monetary interest.
law even without the knowledge of the
parties; (d) voluntary when it takes Competency. A witness's ability to
place by agreement of the parties; and observe, recall and recount under other
(e) judicial when it takes place by order what happened. Criminal defendants
of court in a litigation. [Diaz, Bus. Law must also be competent to stand trial;
Rev., 1991 Ed., p. 52]. they must understand the nature of the
proceedings and have the ability to
Compensation. Civ. Law. Requisites: In assist their lawyers. [Jurists Legal Dict.,
order that compensation may be proper, 2004].
it is necessary (a) that each one of the
obligors be bound principally, and that Competent evidence. Evidence not
he be at the same time a principal excluded by law in a particular case.
creditor of the other; (b) that both debts [Francisco, Evidence, Vol. VII, Part 1,
consist in a sum of money, or if the 1997 Ed., p. 6].
things due are consumable, they be of
the same kind, and also of the same Competition. A struggle for advantage
quality if the latter has been stated; (c) between two or more forces, each
that the two debts be due; (d) that they possessing, in substantially similar if not
be liquidated and demandable; (e) that identical degree, certain characteristics
over neither of them there be any essential to the business sought. It
retention or controversy, commenced by means an independent endeavor of two
third persons and communicated in due or more persons to obtain the business
time to the debtor. [Art. 1279, CC]. patronage of a third by offering more
advantageous terms as an inducement
Compensation and Position to secure trade. The test must be
Classification Act of 1989. RA 6758 whether the business does in fact
entitled An Act prescribing a revised compete, not whether it is capable of an
compensation and position classification indirect and highly unsubstantial
system in the government and for other duplication of an isolated or non
purposes enacted on Aug. 21, 1989. characteristic activity. [Gokongwei v.
Also known as Salary SEC, GR L-45911. Apr. 11, 1979].
Standardization Act.
Competitive advantage. Competitive
Compensation or pay system. A edge in terms of product quality and/or
system for determining rates of pay for price. It likewise refers to the ability to
positions and employees based on produce a product with the greatest
equitable principles to be applied relative efficiency in the use of
uniformly to similar cases. It consists, resources. [Sec. 4, RA 8435].
among others, of the Salary and Wage
Schedules for all positions, and the rules Competitive bidding. A method of
and regulations for its administration. procurement which is open to
[Sec. 3, PD 985]. participation by any interested party and

114
which consist of the following complete upon actual receipt by the

processes: advertisement, pre-bid addressee, or after five (5) days from
conference, eligibility screening of bids, the date he received the first notice of
evaluations of bids, post-qualification, the postmaster, whichever date is
and award of contract, the specific earlier. [Sec. 10, Rule 13, RoC].
requirements and mechanics of which
shall be defined in the IRR to be Completeness test. The test to
promulgated under RA 9184. [Sec. 5, determine whether or not there is a
RA 9184]. valid delegation of legislative power
under which the law must be complete
Complainant. The party who complains in all its terms and conditions when it
or sues; one who applies to the court leaves the legislature such that when it
for legal redress. [Glossary of Legal reaches the delegate the only thing he
Terms (Pro-Se), 2004]. will have to do is enforce it. [Eastern
Shipping Lines, Inc. v. POEA, GR L-
Complaint. Rem. Law. 1. A concise 76633. Oct. 18, 1988]. Compare with
statement of the ultimate facts Sufficient standard test.
constituting the plaintiff's cause or
causes of action. It shall specify the Complex crime. The crime that results
relief sought, but it may add a general (a) when a single act constitutes two or
prayer for such further or other relief as more grave or less grave felonies, or (b)
may be deemed just or equitable. The when an offense is a necessary means
names and residences of the parties for committing the other. [People v.
plaintiff and defendant must be stated Carandang, GR L-31012. Aug. 15, 1973,
in the complaint. [Sec. 3, Rule 6, RoC]. citing Art. 48, RPC].
Crim Proc. 2. A sworn written statement
charging a person with an offense, Complex crime proper. Also Delito
subscribed by the offended party, any complejo. An offense which is a
peace officer or other public officer necessary means for committing the
charged with the enforcement of the other. [Gregorio, Fund. of Crim. Law
law violated. [Sec. 3, Rule 110, RoC]. Rev., 1997 9th Ed., p. 235, citing People
v. Pineda, GR L-26222. July 21, 1967].
Complementary food. Any food, Compare with Compound crime.
whether manufactured or locally
prepared, suitable as a complement to Complex penalty. A penalty prescribed
breastmilk or to infant formula, when by law composed of three distinct
either becomes insufficient to satisfy the penalties each forming a period, the
nutritional requirements of the infant. lightest of which shall be the minimum,
Such food is also commonly called the next shall be the medium, and the
weaning food or breastmilk supplement. most severe, the maximum. [Gregorio,
[Sec.4, EO 51, Oct. 20, 1986]. Fund. of Crim. Law Rev., 1997 9th Ed.,
p. 284].
Complete. Having all needed parts,
elements or details. Thoroughly wrought Complex subdivision plan. A
out or finished. [Morenos Law Dict., subdivision plan of a registered land
2000 Ed., p. 86]. wherein a street, passageway or open
space is delineated on the plan. [Sec. 2,
Complete appointment. Admin. Law. PD 957].
Appointment (which) becomes complete
when the last act required of the Complicated cataract. A cataract
appointing power is performed. [Lira v. caused by disease of the uveal tract,
CSC, GR L-62133. Sep. 30, 1986]. pigmentary retinal degeneration,
absolute glaucoma, retinal detachment
Completeness of service. Personal and old injuries. [Jarillo v. ECC, GR L-
service is complete upon actual delivery. 52058. Feb. 25, 1982].
Service by ordinary mail is complete
upon the expiration of ten (10) days Complimentary list. A list of alternative
after mailing, unless the court otherwise drugs used when there is no response
provides. Service by registered mail is to the core essential drug or when there

115
is a hypersensitivity reaction to the core instituting a Comprehensive Agrarian

essential drug or when, for one reason Reform Program to promote social
or another, the core essential drug justice and industrialization, providing
cannot be given. [Sec. 3, RA 6675]. the mechanism for its implementation,
and for other purposes enacted on
Composicion con el estado. Sp. Title or June 10, 1988.
adjustment title. [Dir. of Forestry v.
Muoz, GR L-25459. June 28, 1968]. Comprehensive newborn screening
system. A newborn screening system
Composite state. It consists of two or that includes, but is not limited to,
more states, each with its own separate education of relevant stakeholders;
government but bound under one collection and biochemical screening of
central authority exercising to a greater blood samples taken from newborns;
or less extent control over their external tracking and confirmatory testing to
relations and thus forming a separate ensure the accuracy of screening
international person. [Cruz, Intl. Law results; clinical evaluation and
Reviewer, 1996 Ed., p. 12]. Compare biochemical/medical confirmation of test
with Simple state. results; drugs and medical or surgical
management and dietary
Compos mentis. Lat. Lat. Sound mind. supplementation to address the
Having use and control of ones mental heritable conditions; and evaluation
faculties. [Blacks Law Dict., Abr. 5th Ed. activities to assess long term outcome,
(1983), p. 150]. patient compliance and quality
assurance. [Sec. 4, RA 9288].
Compound crime. Also Delito
compuesto. A single act which Compromis d arbitrage. Intl. Law. An
constitutes two or more grave or less agreement to submit a dispute to an
grave felonies. [Gregorio, Fund. of Crim. arbitration or judicial settlement.
Law Rev., 1997 9th Ed., p. 235]. [Coquia and Santiago, Intl. Law, 3rd Ed.
Compare with Complex crime proper. (1998), p. 492].
Compounder. Every person who, Compromise. 1. A contract whereby the

without rectifying, purifying or refining parties, by making reciprocal
distilled spirits shall, by mixing such concessions, avoid a litigation or put an
spirits, wine, or other liquor with any end to one already commenced. [Art.
materials except water, manufacture 2028, CC]. 2. An agreement between
any intoxicating beverage whatever. two or more persons, who, for
[Sec. 1, PD 426]. preventing or putting an end to a
lawsuit, adjust their difficulties by
Compound interest. Interest upon mutual consent in the manner which
interest, where accrued interest is they agree on, and which everyone of
added to the principal sum, and the them prefers to the hope of gaining,
whole treated as a new principal, for the balanced by the danger of losing. [David
calculation of the interest for the next v. CA, 214 SCRA 644, 650 (1992) citing
period. [Martin, Commentaries and Rovero v. Amparo, 91 Phil. 228,
Jurisp. on Comml. Laws, Vol. 1, 1988 235(1952); Arcenas v. Cinco, 74 SCRA
Rev. Ed., p. 415]. Compare with Simple 118, 123 (1976)].
interest.
Compulsion of irresistible force. Such
Compound penalty. An act punishable force exerted that reduced a person to a
by two or more penalties, as where the mere instrument who acted not only
law provides that both fine and without will but against his will. The
imprisonment must be imposed. Thus, compulsion must be of such character
the law gives no discretion to impose an as to leave the accused no opportunity
alternative or only one penalty. for self-defense in equal combat or for
[Morenos Law Dict., 2000 Ed., p. 86]. escape. [People v. De Los Reyes, GR
44112. Oct. 22, 1992].
Comprehensive Agrarian Reform Law
(CARL). RA 6657 entitled An Act

116
Compulsory. Obligatory. [Morenos Law with respect to their legitimate parents

Dict., 2000 Ed., p. 87]. and ascendants; (b) in default of the
foregoing, legitimate parents and
Compulsory arbitration. A system ascendants, with respect to their
whereby the parties to a dispute are legitimate children and descendants; (3)
compelled by the government to forego the widow or widower; (d) illegitimate
their right to strike and are compelled to children. [Art. 887, CC, as amended by
accept the resolution of their dispute FC].
through arbitration by a third party.
[Luzon Devt. Bank v. Assoc. of Luzon Compulsory HIV testing. HIV testing
Devt. Bank Employees, GR 120319. Oct. imposed upon a person attended or
6, 1995, citing Seide, A Dict. of Arbit. characterized by the lack of or vitiated
(1970)]. Compare with Voluntary consent, use of physical force,
arbitration. intimidation or any form of compulsion.
[Sec. 4, RA 8504].
Compulsory counterclaim. 1. A
counterclaim which, being cognizable by Compulsory joinder of indispensable
the regular courts of justice, arises out parties. The joinder, either as plaintiffs
of or is connected with the transaction or defendants, of parties in interest
or occurrence constituting the subject without whom no final determination
matter of the opposing party's claim and can be had of an action. [Sec. 7, Rule 3,
does not require for its adjudication the RoC].
presence of third parties of whom the
court cannot acquire jurisdiction. Such a Compulsory motor vehicle liability
counterclaim must be within the insurance. 1. A species of compulsory
jurisdiction of the court both as to the insurance which provides for protection
amount and the nature thereof, except coverage that will answer for legal
that in an original action before the liability for losses and damages that
RTC, the counterclaim may be may be sustained by another arising
considered compulsory regardless of the from the use and operation of motor
amount. [Sec. 7, Rule 6, RoC]. 2. A vehicle by its owner. [Sec. 373, IC, as
counterclaim which arises out of or is amended by PD 1455 and 1814]. 2. It is
necessarily connected with the primarily intended to provide
transaction or occurrence that is the compensation for the death or bodily
subject matter of the opposing party's injuries suffered by innocent third
claim, does not require for its parties or passengers as a result of a
adjudication the presence of third negligent operation and use of motor
parties over whom the court cannot vehicles. The victims and/or their
acquire jurisdiction, and the court has defendants are assured of immediate
jurisdiction to entertain the claim. [Co v. financial assistance, regardless of the
CA, GR 93687. May 6, 1991]. Compare financial capacity of motor vehicle
with Permissive counterclaim. owners. [Shafer v. RTC of Olongapo
City, GR 78848. Nov. 14, 1988]. Also
Compulsory counterclaim. Requisites: Third party liability or TPL.
(a) It arises out of, or is necessarily
connected with, the transaction or Compulsory pilotage. Mar. Law. A
occurrence which is the subject matter marine rule that no ship or vessel can
of the opposing party's claim; (b) it does come in or go out of a pier unless it is
not require for its adjudication the commanded by a pilot. [Morenos Law
presence of third parties over whom the Dict., 2000 Ed., p. 88].
court cannot acquire jurisdiction; and
(c) the court has jurisdiction to entertain Compulsory recognition of natural
the claim. [Javier v. IAC, 171 SCRA 605 children. Sometimes also called
(1989)]. Compare with Permissive Judicial recognition. Recognition
counterclaim. decreed by final judgment of a
competent court. It is governed by Art.
Compulsory heirs. Also Forced heirs. 283 and 284 (of the Civil Code), setting
The following are compulsory heirs: (a) forth the cases in which the father or
Legitimate children and descendants, mother, respectively, is obliged to

117
recognize a natural child, and Art. 285, Concerted activity. Labor. A joint
providing that generally, the action for undertaking of workers designed to
recognition of natural children may be secure better terms and conditions of
brought only during the lifetime of the employment through the machinery of
presumed parents. [Gapusan-Chua v. collective bargaining and negotiations
CA, GR 46746. Mar. 15, 1990]. Compare for their mutual benefit and protection.
with Voluntary recognition. of [Poquiz, Labor Rel. Law, 1999 Ed. p.
natural children. 237].
Computer. Any device or apparatus Concession. Synonymous with

singly or interconnected which, by Alienation and Disposition. Any of
electronic, electro-mechanical, optical the methods authorized by this Act for
and/or magnetic impulse, or other the acquisition, lease, use, or benefit of
means with the same function, can the lands of the public domain other
receive, record, transmit, store, process, than timber or mineral lands. [Sec. 10,
correlate, analyze, projects, retrieve, CA 141, as amended].
and/or produce information, data, text,
graphics, figures, voice, video, symbols Concessionaire. The person to whom a
or other modes of expression or perform concession has been granted or
any one or more of these awarded under the provision of PD
functions. [Sec. 5, RA 8792]. 1219. [Sec. 3, PD 1219].
Computerized election system. A Concession contract. The award by the

system using electronic devices to count government to a qualified private entity
and canvass votes. [Sec. 2, RA 8046]. of the responsibility for financing,
operating, expanding, maintaining and
Computer set. A set of equipment managing specific government-owned
containing regular components, i.e., assets. [Sec. 4, RA 9136].
monitor, CPU, keyboard and printer.
[Sec. 2, RA 8436; Sec. 2, RA 8046]. Concession especial. Sp. Special grant.
[Dir. of Forestry v. Muoz, GR L-25459.
Con animo de lucro. Sp. With intent to June 28, 1968].
gain. [US v. Alabot, GR 13052. Oct. 4,
1918]. Concession theory. The theory
espousing that a corporation, as known
Conation or disorders of volition. to Philippine jurisprudence, is a creature
Legal Med. An uncontrollable and without any existence until it has
irresistible command to do or not to do received the imprimatur of the state
something. [Olarte, Legal Med., 1st Ed. acting according to law, through the
(2004), p. 150]. SEC. [Tayag v. Benguet Consolidated,
GR L-23145. Nov. 29, 1968].
Concealment. Ins. A neglect to
communicate that which a party knows Conciliation. From Lat. conciliare: to call
and ought to communicate. [Sec. 26, or bring together. 1. A form of
IC]. alternative dispute resolution in which
the parties bring their dispute to a
Concealment. Ins. Requisites: (a) A neutral third party, who helps lower
party knows a fact which he neglects to tensions, improve communications, and
communicate or disclose to the other; explore possible solutions. Conciliation is
(b) such party concealing is duty bound similar to mediation, but is may be less
to disclose such fact to the other; (c) formal. [Glossary of Legal Terms (Pro-
such party concealing makes no Se), 2004]. 2. The process by which an
warranty as to the fact concealed; and impartial third party makes an
(d) the other party has not the means of independent investigation and suggests
ascertaining the fact concealed. a solution to a dispute. [Intl. Law Dict. &
[Claridades, A., Compilation of Notes, Direct., 2004].
2001-2006].
Conclusion of law. A proposition not
arrived at by any process of natural

118
reasoning from a fact or combination of or shall have sexual intercourse, under

facts stated but by the application of the scandalous circumstances, with a
artificial rules of law to the facts pleaded woman who is not his wife, or shall
[Siquian v. People, GR 82197. Mar. 13, cohabit with her in any other place. [Art.
1989, citing Levins v. Rovegno, 71 Cal. 334, RPC].
273, 12 p. 161; Black's Law Dict., p.
362]. Concubine. A mistress or women who
lives or cohabits with a man as though
Conclusive evidence. Evidence which is he were her husband. [De Leon v.
incontrovertible or one which the law Villanueva, GR 27738. Mar. 13, 1928,
does not allow to be contradicted. citing Dict. of the Royal Spanish
[Claridades, A., Compilation of Notes, Academy, 15 Ed., 1925].
2001-2006]. Compare with Prima facie
evidence. Concurrent jurisdiction. The
jurisdiction of two or more courts, each
Conclusiveness of judgment. Rem. authorized to deal with the same subject
Law. 1. A fact or question which was in matter. [Jurists Legal Dict., 2004].
issue in a former suit and was there
judicially passed upon and determined Concurrent proximate cause theory.
by a court of competent jurisdiction, is Ins. Where two (2) proximate causes
conclusively settled by the judgment concurred in causing an injury, one of
therein as far as the parties to that which is insured against, the insurer is
action and persons in privity with them liable under the policy irrespective of the
are concerned and cannot be again eventuality that there is another
litigated in any future action between concurrent or proximate cause which
such parties or their privies, in the same constitutes an uncovered risk.
court or any other court of concurrent [Claridades, A., Compilation of Notes,
jurisdiction on either the same or 2001-2006].
different cause of action, while the
judgment remains unreversed by proper Concurrent Resolution. A Resolution
authority. [Calalang v. Register of Deeds passed by both chambers of the
of Quezon City, 231 SCRA 88, 99-100]. legislature. [Suarez, Stat. Con., (1993),
2. It is governed by Rule 39, Sec. 47(c) p. 59].
of the Rules of Court. [Kilosbayan v.
Morato, GR 118910. July 17, 1995]. Also Concurring opinion. An opinion that
Collateral estoppel or Preclusion of agrees with the result of the majority
issues. opinion, but disagrees with some aspect
of the reasoning used to reach that
Conclusive presumption. Evid. A result. [Intl. Law Dict. & Direct., 2004].
presumption where no contrary Compare with Dissenting opinion.
evidence is admitted. [Diaz, Bus. Law
Rev., 1991 Ed., p. 9]. Also Concurso de delitos. See Plurality of
Presumption juris et de jure. crimes.
Compare with Disputable
presumption. Concurso ideal. See Ideal plurality.
Conclusive testimony. Evid. Generally, Concurso real. See Real plurality.

testimony which stands uncontradicted.
[Morenos Law Dict., 2000 Ed., p. 89]. Condemnation. 1. The act of destroying
valueless supplies or property by
Concordat. Intl. Law. An agreement by burning, pounding, throwing beyond
the Pope with heads of States on recovery, or the like. [IRR on Supply &
ecclesiastical affairs. [Coquia and Prop. Mgt., per Sec. 383, LGC]. 2. The
Santiago, Intl. Law, 3rd Ed. (1998), p. legal process by which the government
492]. takes private land for public use, paying
the owners a fair price. [Glossary of
Concubinage. Crim. Law. The felony Legal Terms (Pro-Se), 2004]. See
committed by any husband who shall Eminent domain.
keep a mistress in the conjugal dwelling,

119
Condition. 1. A future and uncertain Conditional pardon. A pardon that is in

event, or a past event unknown to the the nature of a contract between the
parties, upon the happening of which sovereign power or the Chief Executive
depends the fulfillment or and the convicted criminal to the effect
extinguishments of the obligation. [Diaz, that the former will release the latter
Bus. Law Rev., 1991 Ed., p. 11]. 2. A subject to the condition that if he does
future and uncertain fact or event upon not comply with the terms of the
the fulfillment of which a juridical act is pardon, he will be recommitted to prison
made to depend. [Jurado, Comments & to serve the unexpired portion of the
Jurisp. on Succession, 1991 8th Ed., p. sentence or an additional one. [Alvarez
209, citing Manresa, 7th Ed., p. 226]. v. Director of Prisons, 80 Phil. 50].
Compare with Absolute pardon.
Conditional indorsement. Nego. Inst.
An indorsement that is conditional and Conditional release. A release from
which allows the party required to pay custody which imposes regulations on
the instrument to disregard the the activities and associations of the
condition and make payment to the defendant. If a defendant fails to meet
indorsee or his transferee whether the the conditions, the release is revoked.
condition has been fulfilled or not. But [Jurists Legal Dict., 2004].
any person to whom an instrument so
indorsed is negotiated will hold the Conditional sales. An agreement
same, or the proceeds thereof, subject relating to the sale of goods or things
to the rights of the person indorsing the acquisition of which depends upon
conditionally. [Sec. 39, NIL]. an uncertain event. [Morenos Law Dict.,
2000 Ed., p. 89].
Conditional judgment. Rem. Law. A
judgment which contains no disposition Condition captatoria. Succ. The
at all and is a mere anticipated condition upon which any disposition is
statement of what the court shall do in made to the effect that the heir shall
the future when a particular event make some provision in his will in favor
should happen. [Co Unjieng E Hijos, v. of the testator or of any other person.
Mabalacat Sugar Co., GR 45351. June Such disposition shall be void. [Art. 875,
29, 1940]. CC].
Conditionally or qualifiedly privileged Condition precedent. A contractual

communication. One where condition that suspends the coming into
circumstances exist, or are reasonably effect of a contract unless or until a
believed by the defendant to exist, certain event takes place. [Duhaime's
which cast on him the duty of making a Legal Dict., 2004]. Compare with
communication to a certain other person Condition subsequent.
to whom he makes such communication
in the performance of such duty, or Condition subsequent. A condition in a
where the person is so situated that it contract that causes the contract to
becomes right in the interest of society become invalid if a certain event occurs.
that he should tell third persons certain The happening of a condition
facts, which he in good faith proceeds to subsequent may invalidate a contract
do. [Sison v. David, GR L-11268. Jan. which is, until that moment, fully valid
28, 1961, citing 33 Am. Jur. pp. 123- and binding. [Duhaime's Legal Dict.,
125]. Compare with Absolutely 2004]. Compare with Condition
privileged communication. precedent.
Conditional obligation. An obligation Conditions. Kinds: (a) suspensive

the performance or extinguishment of condition (condition precedent) or one
which depends upon a future or which suspends the demandability of
uncertain event, or upon a past event the obligation until the happening of the
unknown to the parties. [Diaz, Bus. Law event; (b) resolutely condition
Rev., 1991 Ed., p. 11]. Compare with (condition subsequent) or one the
Pure obligation. happening of which will extinguish the
obligation; (c) potestative condition or

120
one which depends upon the will of the donation. [Diaz, Bus. Law Rev., 1991
debtor; (d) casual or a condition which Ed., p. 48].
depends upon chance; (e) mixed
condition which depends partly upon Condonation. Also Remission. Kinds:
chance and partly upon the will of a (a) Complete or total when the entire
third person; and (f) impossible obligation is extinguished; (b) partial
condition which is not capable of when only part of the obligation is
fulfillment, legally or physically. [Diaz, extinguished; (c) express when it is
Bus. Law Rev., 1991 Ed., p. 10-11]. made either verbally or in writing; (d)
implied when it can only be inferred
Condominium. 1. A building with one or form the conduct; (e) inter vivos when it
more storeys composed of multi-unit takes effect during the lifetime of the
residential suites under joint ownership donor; or (f) mortis causa when it takes
of occupants, each unit provided with effect upon the death of the donor and
complete sanitary facilities, utilities and complies with the formalities of a will
other amenities. [Sec. 63, PD 856]. 2. and testament. [Diaz, Bus. Law Rev.,
An interest in real property consisting of 1991 Ed., p. 49-50].
separate interest in a unit in a
residential, industrial or commercial Condonation. Also Remission.
building and an undivided interest in Requisites: (a) It must be gratuitous;
common, directly or indirectly, in the (b) it must be accepted by the obligor;
land on which it is located and in other (c) it must not be an inofficious
common areas of the building. [Sec. 2, donation; (d) the obligation must be
RA 4726]. demandable at the time of the
remission; and (e) if expressly made, it
Condominium Act, The. RA 4726 must comply with the forms of donation.
entitled An Act to define Condominium, [Diaz, Bus. Law Rev., 1991 Ed., p. 48,
establish requirements for its creation, citing Art. 1270, CC].
and govern its incidents enacted on
June 18, 1966. Condone. To remit or forgive a debt
without expecting any equivalent or
Condominium corporation. A compensation therefor. [Morenos Law
corporation, stock or non-stock, Dict., 2000 Ed., p. 90].
organized by owners of definite portions
of a building for the effective Conduct. 1. Legal Ethics. As used in
maintenance thereof. [Diaz, Bus. Law (Rule 1.01 of the Code of Professional
Rev., 1991 Ed., p. 248]. Responsibility), (the term) is not limited
to conduct exhibited in connection with
Condominium project. The entire the performance of professional duties.
parcel of real property divided or to be [Lizaso v. Amante, Adm. Case 2019.
divided primarily for residential purposes June 3, 1991]. 2. Civ. Law. When
into condominium units, including all applied to equitable estoppel, the term
structures thereon. [Sec. 2, PD 957]. embraces not only ideas conveyed by
words written or spoken and things
Condominium unit. A part of the actually done but also the silence of
condominium project intended for any such person and his omission. [Morenos
type of independent use or ownership, Law Dict., 2000 Ed., p. 90].
including one or more rooms or spaces
located in one or more floors (or part of Conduct unbecoming a police officer.
parts of floors) in a building or buildings Any behavior or action of a Philippine
and such accessories as may be National Police (PNP) member,
appended thereto. [Sec. 2, PD 957]. irrespective of rank, done in his official
capacity, which, in dishonoring or
Condonation. Also Remission. An act otherwise disgracing himself as a PNP
of liberality by which the creditor member, seriously compromises his
without receiving anything renounces character and standing as a gentleman
the fulfillment of the obligation which, in in such a manner as to indicate his
consequences thereof, is extinguished vitiated or corrupt state of moral
either totally or partially. It is a form of character. It may also refer to acts or

121
behavior of any PNP member in an citing 2 Underhill's Crim. Evidence 385

official or private capacity which, in (5th Ed. 1956)]. Compare with
dishonoring or disgracing himself Admission.
personally as a gentleman, seriously
compromises his position as a PNP Confession. Requisites for admissibility:
member and exhibits himself as morally (a) It must be voluntary; (b) it must be
unworthy to remain as a member of the made with the assistance of competent
organization. [Morenos Law Dict., 2000 and independent counsel; (c) it ust be
Ed., p. 90]. express, and (d) it must be in writing.
[Dean Tupaz, 24 Hours Before the Bar
Confederation. Intl. Law. An (1st Ed. 2005), p. 42, citing People v.
organization of states which retain their Janson, GR 125938, Apr. 4, 2003].
internal sovereignty and, to some
extent, their external sovereignty, while Confession of judgment. Judgment
delegating to the collective body the where the defendant, instead of
power to represent them as a whole for entering a plea, confesses action or
certain limited and specified purposes, withdraws his plea and confesses action.
such as common defense. [Cruz, Intl. Judgment where a defendant gives the
Law Reviewer, 1996 Ed., p. 13]. plaintiff a cognovit or written confession
of the action by virtue of which the
Conference committee. Also plaintiff enters judgment. [Blacks Law
Bicameral conference committee. Dict., Abr. 5th Ed. (1983), p. 436].
Two committees, one appointed by each
house. It is normally appointed for a Confidential employee. Admin. and
specific bill and its function is to gain Labor Laws. One entrusted with
accord between the two houses either confidence on delicate matters, or with
by the recession of one house from its the custody, handling, or care and
bill or its amendments or by the further protection of the employer's property.
amendment of the existing legislation or [Panday v. NLRC, GR 67664, 20 May
by the substitution of an entirely new 1992, 209 SCRA 122].
bill. Obviously, the conference
committee is always a special committee Confidential information. Any
which considered it together with such information, relative to the subject of
other representatives of the house as mediation or arbitration, expressly
seem expedient. [Tolentino v. Sec. of intended by the source not to be
Finance, GR 115455. Aug. 25, 1994, disclosed, or obtained under
citing Sutherland, Statutes and Stat. circumstances that would create a
Con., Vol. 1, 4th Ed., p.p. 293-294]. reasonable expectation on behalf of the
source that the information shall not be
Conference rules. Mar. Law. Rules disclosed. It shall include: (a)
agreed by and among ship owners and communication, oral or written, made in
ship operators and are, therefore, not a dispute resolution proceedings,
binding on third persons unless agreed including any memoranda, notes or
upon in a bill of lading or charter party. work product of the neutral party or
[Morenos Law Dict., 2000 Ed., p. 90]. non-party participant, as defined in RA
9285; (b) an oral or written statement
Confession. 1. The declaration of an made or which occurs during mediation
accused acknowledging his guilt of the or for purposes of considering,
offense charged, or of any offense conducting, participating, initiating,
necessarily included therein, which may continuing of reconvening mediation or
be given in evidence against him. [Sec. retaining a mediator; and (c) pleadings,
33, Rule 130, RoC]. 2. An motions manifestations, witness
acknowledgment of guilt of the crime statements, reports filed or submitted in
charged or of the facts which constitute an arbitration or for expert evaluation.
the crime; but it is an admission and not [Sec. 3, RA 9285].
a confession if the facts acknowledged
raise an inference of guilt only when Confidential relation. The relation
considered with other facts. [People v. which exists, under Art. 1339 of the Civil
Lorenzo, GR 110107. Jan. 26, 1995, Code, between guardian and ward,

122
insurer and insured, and agent and validity and effect of the transfer, or the
principal. [Morenos Law Dict., 2000 Ed., interpretation and effect of a
p. 91]. conveyance, are to be determined; and
(b) a foreign law on land ownership and
Confinement. A state of being admitted its conveyance is asserted to conflict
in a hospital or medical clinic for medical with a domestic law on the same
observation, diagnosis, testing, and matters. Hence, the need to determine
treatment consistent with the capability which law should apply. [Laurel v.
and available facilities of the hospital or Garcia, GR 92013. July 25, 1990, citing
clinic. [Sec. 2, RA 8344]. Salonga, Private Intl. Law, 1981 Ed., pp.
377-383]. 2. A term first coined by
Confirmatory test. An analytical test Joseph Story in his 1st Ed., 1834 of that
using a device, tool or equipment with a name. There are three classic categories
different chemical or physical principle of conflicts: (a) choice of law; (b) choice
that is more specific which will validate of jurisdiction, and (c) recognition and
and confirm the result of the screening enforcement of foreign judgments.
test. [Sec 3, RA 9165]. [Tetley, Glossary of Conflict of Laws,
2004].
Confirmed letter of credit. The kind of
obligation assumed by the Confusion. The mixture of liquids,
correspondent bank. In this case, the belonging to different owners.
correspondent bank gives an absolute [Tolentino, Civil Code of the Phil., Vol.
assurance of the beneficiary that it will II, Repr. 2001, p. 99].
undertake the issuing bank's obligation
as its own according to the terms and Confusion. Also Merger. 1. It takes
conditions of the credit. [Feati Bank & place when the characters of creditor
Trust Co. v. CA, GR 94209. Apr. 30, and debtor are merged in the same
1991, citing Agbayani, Comml. Laws of person with respect to the same
the Phil., Vol. 1, pp. 81-83]. obligation. [Diaz, Bus. Law Rev., 1991
Irrevocable credit. Ed., p. 50-51]. 2. The meeting in one
person of the qualities of obligee and
Confirming bank. A correspondent bank obligor with respect to the same
(which) assumes a direct obligation to obligation. [Torres, Oblig. & Cont., 2000
the seller and its liability is a primary Ed., p. 139, citing 4 Sanchez Roman, p.
one as if the correspondent bank itself 421].
had issued the letter of credit. [Feati
Bank & Trust Co. v. CA, GR 94209. Apr. Confusion. Also Merger. Requisites: (a)
30, 1991, citing Agbayani, Comml. Laws It must be between the principal debtor
of the Phils., Vol. 1, p. 77]. and creditor; and (b) it must be
complete. [Diaz, Bus. Law Rev., 1991
Conflict of interest. Admin. Law. The Ed., p. 51].
conflict that arises when a public official
or employee is a member of a board, an Congenital cataract. A kind of cataract
officer, or a substantial stockholder of a the most common cause of which is
private corporation or owner or has a heredity. [Jarillo v. ECC, GR L-52058.
substantial interest in a business, and Feb. 25, 1982].
the interest of such corporation or
business, or his rights or duties therein, Congestive heart failure. A clinical
may be opposed to or affected by the syndrome which develops eventually in
faithful performance of official duty. 50-60% of all patients with organic
[Sec. 3, RA 6713]. cardiovascular disease. It is defined as
the clinical state resulting from inability
Conflict of laws. Also known as Private of the heart to expel sufficient blood for
international law. 1. A situation the metabolic demands of the body.
(which) arises only when: (a) there is a [Panangui v. ECC, GR L-56259. Mar. 18,
dispute over the title or ownership of an 1983].
immovable, such that the capacity to
take and transfer immovables, the Congressional veto. A means whereby
formalities of conveyance, the essential the legislature can block or modify

123
administrative action taken under a spouse; and (g) those which are
statute. It is a form of legislative control acquired by chance, such as winnings
in the implementation of particular from gambling or betting. However,
executive actions. The form may be losses therefrom shall be borne
either negative, that is requiring exclusively by the loser-spouse. [Art.
disapproval of the executive action, or 117, FC].
affirmative, requiring approval of the
executive action. This device represents Conjunction or adjunction. The union
a significant attempt by Congress to of two things belonging to different
move from oversight of the executive to owners, in such a manner that they
shared administration. [Phil. Const. cannot be separated without injury,
Assoc. v. Enriquez, citing Dixon, The thereby forming a single object.
Congressional Veto and Separation of [Tolentino, Civil Code of the Phil., Vol.
Powers: The Executive on a Leash, 56 II, Repr. 2001, p. 98].
North Carolina Law Review, 423
(1978)]. Connecting factors or contacts. In the
conflict of law, connecting factors, or
Conjugal. To appertain to the marriage contacts, are facts which tend to
state. [Morenos Law Dict., 2000 Ed., p. connect a transaction or occurrence with
92]. a particular law or jurisdiction (e.g. the
domicile, residence, nationality or place
Conjugal partnership of gains. The of incorporation of the parties; the
regime under which the husband and place(s) of conclusion or performance of
wife place in a common fund the the contract; the place(s) where the tort
proceeds, products, fruits and income or delict was committed or where its
from their separate properties and those harm was felt; the flag or country of
acquired by either or both spouses registry of the ship; the ship owners
through their efforts or by chance, and, base of operations, etc.). Connecting
upon dissolution of the marriage or of factors are taken into consideration and
the partnership, the net gains or weighed by courts and arbitrators, in
benefits obtained by either or both determining the proper law to apply to
spouses shall be divided equally decide the case or dispute. [Tetley,
between them, unless otherwise agreed Glossary of Conflict of Laws, 2004].
in the marriage settlements. [Art. 106,
FC]. Connivance (with the prisoner).
Under Art. 223 of the Rev. Penal Code,
Conjugal partnership property. The an agreement between the prisoner and
following are conjugal partnership the public officer in his custody or
properties: (a) Those acquired by charge to his escape. [Morenos Law
onerous title during the marriage at the Dict., 2000 Ed., p. 93].
expense of the common fund, whether
the acquisition be for the partnership, or Conniving with or consenting to
for only one of the spouses; (b) those evasion. Crim. Law. The felony
obtained from the labor, industry, work committed by any public officer who
or profession of either or both of the shall consent to the escape of a prisoner
spouses; (c) the fruits, natural, in his custody or charge. [Art. 223,
industrial, or civil, due or received RPC].
during the marriage from the common
property, as well as the net fruits from Conquest. Intl. Law. 1. The mode of
the exclusive property of each spouse; acquisition of land territory which is no
(d) the share of either spouse in the longer recognized, inasmuch as the UN
hidden treasure which the law awards to Charter prohibits resort to threat or use
the finder or owner of the property of force against the territorial integrity
where the treasure is found; (e) those or political independence of any state.
acquired through occupation such as [Sandoval, Pol. Law Reviewer 2003]. 2.
fishing or hunting; (f) livestock existing The acquisition of territory by force.
upon the dissolution of the partnership [Intl. Law Dict. & Direct., 2004].
in excess of the number of each kind
brought to the marriage by either

124
Consanguinity. Kinship; blood must be over twelve (12) and under

relationship; the connection or relation eighteen (18) years of age, (c) the
of persons descended from the same taking away of the offended party must
stock or common ancestor. [Paras, Phil. be with her consent, after solicitation or
Conflict of Laws, 8th Ed. (1996), p. 305]. cajolery from the offender, and, (d) the
Compare with Affinity. taking away of the offended party must
be with lewd designs. [Perez v. CA, GR
Consciente waiver. The voluntary L-80838. Nov. 29, 1988]. Compare with
waiver by the vendee of his right to Qualified seduction.
warranty in case of eviction without the
knowledge and assumption of the risks Consent election. Labor. 1. The election
of eviction. [Diaz, Bus. Law Rev., 1991 voluntarily agreed upon by the parties
Ed., p. 135]. to determine the issue of majority
representation of all the workers in the
Consensual contracts. Contracts that appropriate collective bargaining unit.
are perfected by mere consent, and [Sec. 1, Rule 1, Book 5, IRR of LC]. 2.
from that moment the parties are bound An agreed election, its purpose being
not only to the fulfillment of what has merely to determine the issue of
been expressly stipulated but also to all majority representation of all the
the consequences which, according to workers in the appropriate collective
their nature, may be in keeping with bargaining unit. [Warren Manufacturing
good faith, usage and law. [Art. 1315, Workers Union v. BLR, GR L-76185.
CC]. Compare with Real contracts. Mar. 30, 1988]. Compare with
Certification election.
Consensus. 1. A result achieved through
negotiation whereby a hybrid solution is Consent judgment. A judgment based
arrived at between parties to an issue, on an agreement and which may only
dispute or disagreement, comprising be rendered when the parties on both
typically of concessions made by all sides ask for it. [Morenos Law Dict.,
parties, and to which all parties then 2000 Ed., p. 93].
subscribe unanimously as an acceptable
resolution to the issue or disagreement. Conservation. 1. Preservation and
[Duhaime's Legal Dict., 2004]. 2. The sustainable utilization of wildlife, and/or
making of a decisions by general maintenance, restoration and
agreement and in the absence of any enhancement of the habitat. [Sec. 5, RA
voiced objection. [Intl. Law Dict. & 9147]. 2. The complete preservation or
Direct., 2004]. limited harvesting of coral resources in
such a way as not to adversely affect
Consent. 1. This is manifested by the the sustained productivity of marine eco
meeting of the offer and the acceptance systems. [Sec. 3, PD 1219]. 3. The wise
upon the thing and the cause which are use and optimum utilization of mineral
to constitute the contract. The offer resources. [Sec. 4, DENR Admin. Order
must be certain and the acceptance 95-23].
absolute. A qualified acceptance
constitutes a counter-offer. [Art. 1319, Conservatorship. Legal right given to a
CC]. 2. Agreement; voluntary person to manage the property and
acceptance of the wish of another. financial affairs of a person deemed
[Glossary of Legal Terms (Pro-Se), incapable of doing that for himself or
2004]. herself. [Glossary of Legal Terms (Pro-
Se), 2004]. See also Guardianship.
Consented abduction. The abduction of
a virgin over twelve years and under Consideration. 1. Some right, interest,
eighteen years of age, carried out with benefit, or advantage conferred upon
her consent and with lewd designs. [Art. the promissor, to which he is otherwise
343, RPC]. Compare with Forcible not lawfully entitled, or any detriment,
abduction. prejudice, loss, or disadvantage suffered
or undertaken by the promisee other
Consented abduction. Elements: (a) than to such as he is at the time of
the offended party is a virgin, (b) she consent bound to suffer. [Gabriel v.

125
Monte de Piedad, 71 Phil. 497 (1941)]. Consignment for sale. A contract which
2. The why of the contracts, the creates the relationship of principal and
essential reason which moves the agent whereby title to the merchandise
contracting parties to enter into the is retained by the principal who,
contract. [Gonzales v. Trinidad, 67 Phil. however, authorizes the agent to sell
682]. the merchandise for him and to
effectively transfer title thereto in favor
Consign. To leave an item of property in of the purchaser. Usually, the principal
the custody of another. [Duhaime's fixes the price at which the goods are to
Legal Dict., 2004]. be sold by the agent who, for his part,
has the right to return the merchandise
Consignacion. Sp. A fish broker. if he cannot sell it at the desired price.
[Morenos Law Dict., 2000 Ed., p. 94]. Likewise the principal has the right to
demand the return of the merchandise
Consignation. The act of depositing the at any time before it is sold. [Morenos
thing due with the court or judicial Law Dict., 2000 Ed., p. 95].
authorities whenever the creditor cannot
accept or refuses to accept payment Consolidation. Corp. Law. 1. The
and it generally requires a prior tender combination or union of two or more
of payment. [Limkako v. Teodoro, 74 companies that results in the
Phil. 313]. termination and dissolution of the
corporate existence of all constituent
Consignation. Requisites: (a) That there companies and the formation of a new
was a debt due; (b) that the company. [Tiopianco, Commentaries &
consignation of the obligation had been Jurisp. on the Ins. Code of the Phil.,
made because the creditor to whom 1999 Ed., p. 207]. 2. When two
tender of payment was made refused to companies join to become parts of a
accept it, or because he was absent or new company. [Intl. Law Dict. & Direct.,
incapacitated, or because several 2004]. Compare with Merger.
persons claimed to be entitled to receive
the amount due [Art. 1176, CC]; (c) that Conspiracy. Crim. Law. 1. It exists when
previous notice of the consignation had two or more persons come to an
been given to the person interested in agreement concerning the commission
the performance of the obligation [Art. of a felony and decide to commit it.
1177, CC]; (d) that the amount due was [Art. 8, RPC]. 2. The common design to
placed at the disposal of the court (Art. commit a felony. It is not participation in
1178, CC]; and (e) that after the all the details of the execution of the
consignation had been made the person crime. All those who in one way or
interested was notified thereof (Art. another helped and cooperated in the
1178, CC]. Failure in any of these consummation of the crime are
requirements is enough ground to considered as co-principals. [Venturina
render a consignation ineffective [Ponce v. Sandiganbayan, GR 78038. Jan. 18,
de Leon v. Santiago Syjuco., 90 Phil. 1991].
311].
Conspiracy. Crim. Law. Elements: To
Consigned abroad. Synonymous with constitute conspiracy, there must be
the term "enviado al extranjero" found intentional participation in the
in the Spanish version and signifies transaction with a view to the
"sent or shipped abroad." [Sec. 1459, furtherance of the common design and
Act 2711]. purpose. There must be unity of
purpose and unity in the execution of
Consignment. An arrangement whereby the unlawful objective. Mere knowledge,
the goods are sent by one to another to acquiescence or approval of the act,
be sold and disposed by the latter for without cooperation or agreement to
and on account of the former. [Ongkiko cooperate, is enough. [People v.
v. CA, GR L-48777. Sep. 24, 1987, citing Macatana, GR L-57061. May 9, 1988].
Bouvier's Law Dict., 3rd Ed., Vol. 1].

126
Constancia autentica. Sp. Authentic with which the powers of sovereignty

notice. [Claridades, A., Compilation of are habitually exercised. [Cruz, Constl.
Notes, 2001-2006]. Law, 1998 Ed., p. 3, citing Cooley,
Constl. Limitations, p. 4].
Constituent function. Also
Governmental function. Pol. Law. A Constitutional law. The fundamental
function of government which involves law of the land which defines the
the exercise of sovereignty and powers of the government. [Suarez,
considered as compulsory. [Fontanilla v. Stat. Con., (1993), p. 38].
Maliaman, GR 55963 & 61045. Feb. 27,
1991]. Compare with Proprietary or Constitutional supremacy doctrine.
Ministrant function. The doctrine that if a law or contract
violates any norm of the constitution
Constituent governmental functions. that law or contract whether
Pol. Law. The term constitutes the very promulgated by the legislative or by the
bonds of society and are compulsory in executive branch or entered into by
nature. President Wilson enumerated private persons for private purposes is
the constituent functions as follows: (a) null and void and without any force and
the keeping of order and providing for effect. Thus, since the Constitution is
the protection of persons and property the fundamental paramount and
from violence and robbery; (b) the supreme law of the nation, it is deemed
fixing of the legal relations between written in every statute and contract.
man and wife and between parents and [Manila Prince Hotel v. GSIS, GR
children; (c) the regulation of the 122156. Feb. 3, 1997].
holding, transmission, and interchange
of property, and the determination of its Constitutional treaty. A treaty adopted
liabilities for debt or crime; (d) the according to the constitutional
determination of contract rights provisions of the ratifying state. [Intl.
between individuals; (e) the definition Law Dict. & Direct., 2004].
and punishment of crimes; (f) the
administration of justice in civil cases; Constitution of Liberty. The Bill of
(g) the determination of the political Rights. [Homeowners' Assoc. of the
duties, privileges, and relations of Phils., Inc. v. Mun. Board of the City of
citizens; (h) dealings of the state with Manila, GR L-23979. Aug. 30, 1968].
foreign powers, the preservation of the
state from external danger or Constitutive doctrine. The legal
encroachment and the advancement of existence of a state or government is
its international interests. [SSS dependent on recognition by other
Employees Assoc. v. Soriano, GR L- states. [Intl. Law Dict. & Direct., 2004].
18081. Apr. 30, 1963]. Compare with
Ministrant governmental functions. Constitutum possessorium, traditio.
See Traditio constitutum
Constituent legislative power. Pol. possessorium.
Law. The power to amend or revise the
Constitution. [Suarez, Pol. Law Construction. 1. The art or process of
st
Reviewer, 1 Ed., 2002, p. 284]. discovering and expounding the
meaning and intention of the authors of
Constitution. 1. A system of the law with respect to its application to
fundamental laws for the governance a given case, where that intention is
and administration of a nation. It is rendered doubtful, among others, by
supreme, imperious, absolute and reason of the fact that the given case is
unalterable except by the authority from not explicitly provided for in the law
which it emanates. [Manila Prince Hotel [Caltex v. Palomar, GR L-19650. Sep.
v. GSIS, GR 122156. Feb. 3, 1997]. 2. 29, 1966, citing Black, Interpretation of
The fundamental and paramount law of Laws, p. 1]. 2. The legal process of
the nation. [Manila Prince Hotel v. GSIS, interpreting a phrase or document; of
GR 122156. Feb. 3, 1997, citing Marbury trying to find it's meaning. Whether it be
v. Madison, 5 U.S. 138 (1803)]. 3. That a contract or a statute, there are times
body of rules and maxims in accordance when a phrase may be unclear or of

127
several meanings. Then, either lawyers from a breach of duty arising out of a
or judges must attempt to interpret or fiduciary or confidential relationship.
construct the probable aim and purpose [Berico v. CA, GR 96306. Aug. 20,
of the phrase, by extrapolating from 1993]. Compare with Actual fraud.
other parts of the document or, in the
case of statutes, referring to a Constructive or legal delivery. 1. The
interpretation law which gives legal execution of a sale made through a
construction guidelines. [Duhaime's public instrument which shall be
Legal Dict., 2004]. deemed equivalent to the delivery of the
thing which is the object of the contract,
Construction contractor. A natural or if from the deed the contrary does not
juridical person organized and licensed appear or cannot clearly be inferred.
under Philippine laws, who undertakes [Art. 1498, CC]. 2. Delivery which takes
or offers to undertake, or submits a bid place without actual transfer of goods,
to, or does himself or by or through but includes symbolic delivery or
others, construct, alter, repair, add to, substituted delivery as when the
subtract from, remove, move, wreck or evidence of title to the goods, the key to
demolish any structure, facility, project the warehouse or bill of
development or improvement, or to do lading/warehouse receipt is delivered.
any part thereof. The term contractor [Onapal Phils. v. CA, GR 90707. Feb. 1,
includes general engineering contractor, 1993, citing Black's Law Dict. 515-516
general building contractor and specialty (4th Ed.)]. Compare with Actual or real
contractor, construction management, delivery.
engineering, and specialized consultancy
group. [Sec. 3, PD 1167]. Constructive possession. Holding a
valid title to property. The subjection of
Constructive contempt. Contempt the thing to ones control. [Morenos
committed out of the presence of the Law Dict., 2000 Ed., p. 97]. Compare
court. The willful disobedience of the with Actual possession.
lawful process of the court, refusal to
obey subpoenas, etc. [Narcida v. Constructive removal (from the
Bowen, GR 6694. Mar. 26, 1912]. service). Admin. Law. A reassignment
Compare with Direct contempt. that is indefinite and results in a
reduction in rank, status and salary.
Constructive discharge. A quitting [Bentain v. CA, GR 89452. June 9,
because continued employment is 1992].
rendered impossible, unreasonable or
unlikely; as an offer involving a Constructive service of summons by
demotion in rank and a diminution in publication. Service of summons
pay. [Moreno's Phil. Law Dict., 2nd Ed., effected, by leave of court, upon the
p. 129, citing the case of Alia v. Salani defendant who is designated in any
Una Transportation Co., 39527-R, Jan. action as an unknown owner, or the
29, 1971]. like, or upon a defendant whose address
is unknown and cannot be ascertained
Constructive dismissal. A quitting by diligent inquiry, by publication in a
because continued employment is newspaper of general circulation and in
rendered impossible, unreasonable or such places and for such time as the
unlikely; as, an offer involving a court may order. [Sec. 14, Rule 14,
demotion in rank and a diminution in RoC].
pay. [Lemery Savings and Loan Bank v.
NLRC, 205 SCRA 492 (1992)]. Constructive total loss. Mar. Ins. A loss
which gives to a person insured a right
Constructive fraud. A breach of legal or to abandon, under Sec. 139 of the Ins.
equitable duty which, irrespective of the Code. [Sec. 132, IC]. Compare with
moral guilt of the fraud feasor, the law Actual total loss.
declares fraudulent because of its
tendency to deceive others, to violate Constructive tradition. The delivery of
public or private confidence, or to injure movable and immovable things which is
public interests. This usually proceeds not actual or material and is represented

128
by other signs or acts indicative thereof. their duties. [Cruz, Intl. Law Reviewer,
Its various kinds are: Traditio (or 1996 Ed., p. 89].
tradicion) simbolica, Tradition longa
manu, Tradition brevi manu, and Consul general. Intl. Law. A consular
Traditio constitutum possessorium. officer of the highest grade. [Blacks
[Tolentino, Civil Code of the Phil., Vol. Law Dict., Abr. 5th Ed. (1983), p. 166].
II, Repr. 2001, p. 459-460]. See Real
tradition. Consulta. 1. The act of the Register of
Deeds in bringing a matter to the Land
Constructive trust. Also Trust ex Registration Commissioner (now
maleficio, Trust ex delicto, Trust de Administrator) when the former is in
son tort, Involuntary trust, or doubt as to the proper step to be taken
Implied trust. 1. Trust by operation of or memorandum to be made in
law which arises contrary to intention pursuance of any deed, mortgage, or
and in invitum, against one who, by other instrument presented to him for
fraud, actual or constructive, by duress registration by the party interested in it.
or abuse of confidence by commission 2. The bringing to the attention of the
of wrong, or by any form of Land Registration Commissioner (now
unconscionable conduct, artifice, Administrator), either upon his
concealment, or questionable means, or certification stating the question upon
who in any way against equity and good which he is in doubt, or upon the
con-science, either has obtained or suggestion in writing by the party in
holds the legal right to property which interest, a step or act still undone by the
he ought not, in equity and good register of deeds by reason of his doubt.
conscience, hold and enjoy. [Roa v. CA, [Register of Deeds of Manila v.
GR L-27294. June 28, 1983]. 2. A Magdalena Estate, GR L-9102. May 22,
remedial device by which the holder of 1959].
legal title is held to be a trustee for the
benefit of another who in good Consultation. The constitutionally
conscience is entitled to the beneficial mandated process whereby the public,
interest. [Magallon, v. Montejo, GR on their own or through people's
73733. Dec. 16, 1986]. organizations, is provided an
opportunity to be heard and to
Consul. Intl. Law. An officer of a participate in the decision-making
commercial character, appointed by the process on matters involving the
different nations to watch over the protection and promotion of its
mercantile and tourist interests of the legitimate collective interest, which shall
appointing nation and of its subjects in include appropriate documentation and
foreign countries. A public official feedback mechanisms. [Sec. 3, RA
residing in a foreign country responsible 7279].
for developing and protecting the
economic interests of his government Consulting architect. The architect
and looking after the welfare of his registered and licensed or permitted to
governments citizens who may be practice under RA 9266, who is
traveling or residing within his professionally and academically qualified
jurisdiction. [Blacks Law Dict., Abr. 5th and with exceptional or recognized
Ed. (1983), p. 166]. expertise or specialization in any branch
of architecture. [Sec. 3, RA 9266].
Consules electi. Intl. Law. Consuls who
may or may not be nationals of the Consulting services. Services for
sending state and perform their consular infrastructure projects and other types
functions only in addition to their of projects or activities of the
regular callings. [Cruz, Intl. Law government requiring adequate external
Reviewer, 1996 Ed., p. 89]. technical and professional experts that
are beyond the capability and/or
Consules missi. Intl. Law. Professional capacity of the government to under-
or career consuls who are nationals of take such as, but not limited to: (I)
the sending state and are required to advisory and review services; (ii) pre
devote their full time to the discharge of investment or feasibility studies; (iii)

129
design; (iv) construction supervision; (v) personal, family, household or

management and related services; and agricultural purposes, which shall
(vi) other technical services or special include but not limited to food, drugs,
studies. [Sec. 5, RA 9184]. cosmetics, and devices. [Art. 4, RA
7394].
Consumables. 1. Those things whose
use according to their nature destroys Consumer product safety rule. A
the substance of the thing or causes consumer product safety standard
their loss to the owner. Food is an declaring a consumer product banned
example of a consumable thing. hazardous product. [Art. 4, RA 7394].
[Tolentino, Civil Code of the Phil., Vol.
II, Repr. 2001, p. 27, citing 1 Ruggiero Consumers cooperative. One the
489]. 2. Items for consumption (i.e. for primary purpose of which is to procure
satisfying a personal need rather than and distribute commodities to members
for producing goods or services). and nonmembers. [Art. 23, RA 6938].
[Customs Admin. Order 3-95, Dec. 6,
1995]. Consumer transaction. (a) (i) A sale,
lease, assignment, award by chance, or
Consumer. 1. Natural person or other disposition of consumer products,
organized consumer groups who are including chattels that are intended to
purchaser, lessees, recipient, or be affixed to land, or of services, or of
prospective purchasers, lessees, any right, title, or interest therein,
recipients of consumer products, except securities as defined in the
services or credit. [Sec. 4, RA 8800]. Securities Act and contracts of insurance
under the Ins. Code, or (ii) a grant of
Consumer Act of the Philippines. RA provision of credit to a consumer for
7394 entitled The Consumer Act of the purposes that are primarily personal,
Philippines enacted on Apr. 13, 1992. family, house-hold or agricultural, or (b)
a solicitation or promotion by a supplier
Consumer credit. Any credit ex-tended with respect to a transaction referred to
by a creditor to a consumer for the sale in clause (a). [Art. 4, RA 7394].
or lease of any consumer product or
service under which part or all of the Consummated contract. A contract
price or payment therefor is payable at that is partially or completely executed.
some future time, whether in full or in [Morenos Law Dict., 2000 Ed., p. 98].
installments. [Art. 4, RA 7394].
Consummated felony. A felony where
Consumer goods. Goods which are used all the elements necessary for its
or bought for use primarily for personal, execution and accomplishment are
family or household purposes. Such present. [Art. 6. RPC].
goods are not intended for resale or
further use in the production of other Consummation. The stage when the
products. (Goods which by their very parties perform their respective
nature are ready for consumption.) undertakings under the contract
[Marsman & Co. v. First Coconut Central culminating in the extinguishment
Co., GR L-39841. June 20, 1988, citing thereof. [Ang Yu v. CA, GR 109125.
Black's Law Dict., 5th Ed.]. Dec. 2, 1994]. Compare with
Negotiation and Perfection.
Consumer loan. A loan made by the
lender to a person which is payable in Contact fire. The phrase implies that the
installments for which a finance charge muzzle of the firearm had touched a
is or may be imposed. This term part of the victim's body. [Austria v.
includes credit transactions pursuant to People, GR 83530. Dec. 18, 1990].
an open-end-credit plan other than a Compare with Near contact fire.
seller credit card. [Art. 4, RA 7394].
Contacts. See Connecting factors.
Consumer products and services.
Goods, services and credits, debts or Contact tracing. The method of finding
obligations which are primarily for and counseling the sexual partner(s) of

130
a person who has been diagnosed as the time when, and the circumstances
having sexually transmitted disease. under which, the subject matter to be
[Sec. 4, RA 8496]. construed, such as a custom or statute,
originated. [People v. Simon, GR 93028.
Container. 1. Any form of packaging of July 29, 1994, citing Black's Law Dict.,
products for sale as a normal retail unit, 4th Ed., 390].
including wrappers. [Sec.4, EO 51, Oct.
20, 1986]. 2. Any structure designed to Contemporanea expositio est optima
contain, carry and keep articles, et fortissima in lege. Lat.
materials and products together inside a Contemporaneous exposition or
hold in the form of boxes, tanks, and construction is the best and strongest in
the like, for singular or unit handling the law. [People v. Puno, GR 97471.
and transport, generally having an Feb. 17, 1993, citing 2 Inst. 11; Black's
internal volume or capacity of not less Law Dict., 4th Ed., 390].
than one (1) cubic meter. Containers
are further defined according to their Contemporaneous circumstances.
uses as dry cargo, refrigerated, liquid The conditions existing at the time the
bulk, platform, open top, solid bulk, law was enacted. [Suarez, Intro. to Law,
ventilated, etc. [Sec. 1, PPA Admin. 1995 3rd Ed., p. 23].
Order 08-79].
Contemporaneous construction by
Containerization system. A system executive officers. Construction
devised to facilitate the expeditious and placed upon a statute by the executive
economical loading, carriage and officers whose duty it is to enforce it,
unloading of cargoes. Under this and unless such interpretation is clearly
system, the shipper loads his cargoes in erroneous, will ordinarily be controlled
a specially designed container, seals the thereby. [In Re: Allen, GR 1455. Oct.
container and delivers it to the carrier 29, 1903]. Compare with Prospective
for transportation. The carrier does not construction.
participate in the counting of the
merchandise for loading into the Contempt. A willful disregard or
container, the actual loading thereof nor disobedience. [Narcida v. Bowen, 22
the sealing of the container. Having no Phil. 365; People v. Rivera, 91 Phil.
actual knowledge of the kind, quantity 354].
or condition of the contents of the
container, the carrier issues the Contempt of court. 1. A defiance of the
corresponding bill of lading based on the authority, justice or dignity of the court;
declaration of the shipper. Then, the such conduct as tends to bring the
matter of quantity, description and authority and administration of the law
conditions of the cargo is the sole into disrespect or to interfere with or
responsibility of the shipper. [United prejudice parties litigant or their
States Lines, Inc. v. Comm. of Customs, witnesses during litigation. [Halili v. CIR,
GR 73490. June 18, 1987]. 136 SCRA 57 (1985)]. 2. Some act or
conduct which tends to bring the
Containerized or container cargo. authority of the court in disrepute or to
Cargoes packed inside a container for interfere with the administration of
easy handling or transporting of the justice. [Claridades, A., Compilation of
same as a unit. [Sec. 1, PPA Admin. Notes, 2001-2006]. 3. Willful
Order 08-79]. disobedience of a judge's command or
of an official court order. [Glossary of
Contamination. The production of Legal Terms (Pro-Se), 2004].
substances not found in the natural
composition of water that make the Contentious action or proceedings.
water less desirable or unfit desirable or See Adversarial action or
unfit for intended use. [Sec 4, RA 9275]. proceedings.
Contemporanea expositio. Lat. Contestable market. The electricity

Contemporaneous exposition, or end-users who have a choice of a
construction. A construction drawn from supplier of electricity, as may be

131
determined by the Energy Regulatory Continental stroke. An upward

Commission (ERC) in accordance with movement of a knife or blade
RA 9136. [Sec. 4, RA 9136]. instrument, causing a stab wound.
Contested case. Any proceeding,
including licensing, in which the legal Contingent beneficiary. The person
rights, duties or privileges asserted by named in a policy to receive the
specific parties as required by the proceeds at the death of the insured in
Constitution or by law are to be the event the Primary beneficiary dies.
determined after hearing. [Sec. 2, Chap. [Tiopianco, Commentaries & Jurisp. on
1, Book VII, EO 292]. the Ins. Code of the Phil., 1999 Ed., p.
28].
Contiguous. It means (a) in physical
contact; (b) touching along all or most Contingent claim. 1. One which has not
of one side; (c) near, text, or adjacent. accrued, and which is dependent on the
[Webster's New World Dict., 1972 Ed., happening of some future event. 2.
p. 307]. Within the rule that claims against an
estate which are not contingent are
Contiguous zone. 1. Water, sea bottom barred if not presented within a certain
and substratum measured twenty-four time, it is one depending upon
nautical miles (24 n. m.) seaward from something thereafter to happen. Such a
the base line of the Philippine claim is not contingent after the
archipelago. [Sec. 3, RA 7942]. 2. A happening of the event. 3. A claim
maritime zone seaward of a coastal against a decedent, not absolute or
state's territorial sea that may extend certain, but depending upon some event
out to a distance of 24 miles from the after the death of the testator or
baselines from which the territorial sea intestate which may or may not happen.
is measured. In this zone, the coastal A subsisting demand against the estate
state may turn back a ship planning to of a deceased person which had
commit illegal acts inside its territorial matured and was capable of being
waters or arrest a ship leaving its enforced during the lifetime of the
territorial waters that has violated local deceased is not a contingent claim.
law. [Intl. Law Dict. & Direct., 2004]. [Reyes v. Rosenstock, GR 23718. Aug.
28, 1925].
Continental shelf. 1. It comprises the
seabed and the subsoil of the submarine Continua. See Accession continua.
areas that extend beyond the territorial
sea throughout the natural prolongation Continuance. Postponement of a legal
of the land territory to the outer edge of proceeding to a later date. [Glossary of
the continental margin, or to a distance Legal Terms (Pro-Se), 2004].
of 200 miles from the baselines from
which the territorial sea is measured Continued crime. A single crime
where the outer edge of the continental consisting of a series of acts but all
margin does not extend up to that arising from one criminal resolution. It is
distance. [Sandoval, Pol. Law Reviewer a continuous, unlawful act or series of
2003]. 2. The seabed and subsoil of the acts set on foot by a single impulse and
submarine areas that extend beyond a operated by an unintermittent force,
coastal state's territorial sea throughout however long a time it may occupy.
the natural prolongation of its land Although there are series of acts, there
territory to the outer edge of the is only one crime committed. Hence,
continental margin. A coastal state may only one penalty shall be imposed.
claim a continental shelf of up to 200 [Mallari v. People, GR L-58886. Dec. 13,
miles from the baselines from which the 1988].
territorial sea is measured even if the
continental margin is not that far Continuing appropriations.
seaward; but its maximum claim can be Appropriations for specific projects, such
no more than 350 miles. [Intl. Law Dict. as those for construction of physical
& Direct., 2004]. structures, or for the acquisition of real
property or equipment, which shall

132
continue to be available until the project Continuity of law principle. The legal
is completed or abandoned. Reversions maxim that, excepting that of a political
shall not be made or appropriations nature, law once established continues
obligated by contract. Appropriations until changed by some competent
not obligated by contract may not be legislative power. It is not changed
continued if the same would result in a merely by chance of sovereignty. [Co
negative balance in the unappropriated Cham v. Tan Keh, 75 Phil. 113. Sep. 17,
account of the fund concerned. [Sec. 1945, citing Beale, Cases on Conflict of
14, PD 477]. Laws, III, Summary Sec. 9].
Continuing crime. A crime which Continuous crime. A single crime

occurred on board a foreign vessel, consisting of a series of acts arising
which began when the ship was in a from a single criminal resolution or
foreign territory and continued when it intent not susceptible of division.
entered into Philippine waters. Hence, [People v. Ledesma, 73 SCRA 77
the crime is within the jurisdiction of the (1976)].
local courts. [US v. Bull, 15 Phil. 7, 27
(1910)]. Continuous easements. Those
easements the use of which is or may
Continuing guaranty. One which is not be incessant, without the intervention of
limited to a single transaction, but which any act of man. [Art. 615, CC].
contemplates a future course of dealing,
covering a series of transactions, Continuous possession. Possession
generally for an indefinite time or until (that) is uninterrupted, unbroken and
revoked. It s prospective in its operation not intermittent or occasional. [Dir. of
and is generally intended to provide Lands v. IAC, GR 68946. May 22, 1992,
security with respect to future citing Black's Law Dict., 5th Ed., 291].
transactions within certain limits, and
contemplates a succession of liabilities, Contraband. Any article the importation
for which, as they accrue, the guarantor or exportation of which is prohibited by
becomes liable. Otherwise stated, a law. [Comm. of Customs v. CTA, GR L-
continuing guaranty is one which covers 33471. Jan. 31, 1972, citing Black, Law
all transactions, including those arising Dict.].
in the future, which are within the
description or contemplation of the Contra bonos mores. Also Contra
contract of guaranty, until the expiration bonus mores. Lat. Contrary to good
or termination thereof. [Dio v. ca GR morals. Elements. (a) There is an act
89775. Nov. 26, 1992]. which is legal; (b) but which is contrary
to morals, good custom, public order, or
Continuing objections. When it public policy; (c) and it is done with
becomes reasonably apparent in the intent to injure. Thus, under any of
course of the examination of a witness these three (3) provisions of law, an act
that the questions being propounded which causes injury to another may be
are of the same class as those to which made the basis for an award of
objection has been made, whether such damages. [Albenson Enterprises Corp. v.
objection was sustained or overruled, it CA, GR 88694. Jan. 11, 1993].
shall not be necessary to repeat the
objection, it being sufficient for the Contract. Civ. Law. A meeting of minds
adverse party to record his continuing between two persons whereby one
objection to such class of questions. binds himself, with respect to the other,
[Sec. 37, Rule 132, RoC]. to give something or to render some
service. [Art. 1305, CC]. Contracts, in
Continuing offense. An unlawful act general, are perfected by mere consent,
performed continuously or over and which is manifested by the meeting of
over again. [Apiag v. Cantero, AM MTJ- the offer and the acceptance upon the
95-1070. Feb. 12, 1997, citing Law thing and the cause which are to
Dict., Robert E. Rothenberg). constitute the contract. The offer must
be certain and the acceptance absolute.

133
[Adelfa Properties v. CA, GR 111238. latter cannot modify. [PCIBank v. CA,

Jan. 25, 1995]. GR 97785. Mar. 29, 1996, citing
Tolentino, Civil Code of the Phil., Vol. IV
Contract. Civ. Law. Classes of elements: (1986 Ed.), p. 506].
(a) Essential elements without which
there is no valid contract; (b) natural Contract of affreightment. See
elements or those presumed to exist by Affreightment contract.
the fact that the contract was entered
into (e.g., implied warranties in a Contract of agency. See Agency and
contract of sale); and (c) accidental Agency contract.
elements or the particular stipulations
established by the parties (e.g., Contract of pure beneficence. See
interests in a contract of loan). [Diaz, Gratuitous contract.
Bus. Law Rev., 1991 Ed., p. 64].
Contract of sale. A contract wherein title
Contract. Civ. Law. Essential requisites: passes to the vendee upon the delivery
(a) Consent of the contracting parties; of the thing sold and the vendor has lost
(b) object certain which is the subject and cannot recover ownership until and
matter of the contract; (c) cause of the unless the contract is resolved or
obligation which is established. [Art. rescinded. [Claridades, A., Compilation
1318, CC]. of Notes, 2001-2006]. Compare with
Contract to sell.
Contract-add-and-operate. A
contractual arrangement whereby the Contract of sale. Elements: a) Consent
project proponent adds to an existing or meeting of the minds, that is,
infrastructure facility which it is renting consent to transfer ownership in
from the government. It operates the exchange for the price; b) Determinate
expanded project over an agreement subject matter; and c) Price certain in
franchise period. There may, or may not money or its equivalent. [GR 103577.
be, a transfer arrangement in regard to Oct. 7, 1996. Coronel v. CA].
the facility. [Sec. 2, RA 7718].
Contract of sale. Stages: (a)
Contract area. Land or body of water Preparation, conception, or generation,
delineated for purposes of exploration, which is the period of negotiation and
development, or utilization of the bargaining, ending at the moment of
minerals found there-in. [Sec. 3, RA agreement of the parties; (b) perfection
7942]. of birth of the contract, which is the
moment when the parties come to
Contract-bar rule. A principle in labor agree on the terms of the contract; and
law that a collective bar-gaining (c) consummation or death, which is the
agreement of reasonable duration is, in fulfillment or performance of the terms
the interest of the stability of industrial agreed upon in the contract. [Tolentino,
relations, a bar to certification elections. Commentaries and Jurisp. on the Civil
[CCLU v. NLRC, GR L-38955-56. Oct. 31, Code of the Phil., Vol. 4, 1985 Ed., 411;
1974]. Paras, Civil Code of the Phil. Annotated,
vol. 4, 1989 Ed., 490].
Contract for a piece of work. See
Piece of work contract. Contractor. 1. A qualified person acting
alone or in consortium who is a party to
Contract implied in fact. An agreement a mineral agreement or to a financial or
arrived at by a consideration of the acts technical assistance agreement. [Sec. 3,
and conducts of the parties involved. RA 7942]. 2. Any entity accredited
[Claridades, A., Compilation of Notes, under the laws which may or may not
2001-2006]. be the project proponent and which
shall undertake the actual construction
Contract of adhesion. One in which one and/or supply of equipment for the
of the parties imposes a ready-made project. [Sec. 2, RA 7718]. 3. A person,
form of contract, which the other party natural or juridical, not subject to
may accept or reject, but which the professional tax, whose activity consists

134
essentially of the sale of all kinds of v. POEA, GR L-76633. Oct. 18, 1988,
services for a fee, regardless of whether citing 1985 Rules and Regulations on
or not the performance of the service Overseas Employment].
calls for the exercise or use of the
physical or mental faculties of such Contradictory evidence. Testimony or
contractor or his employees. [Sec. 131, evidence, consisting of prior inconsistent
RA 7160]. 4. The term is deemed statements, presented by the same
synonymous with the term builder and, witness in the same case. [Morenos
hence, any person who undertakes or Law Dict., 2000 Ed., p. 104].
offers to undertake or purports to have
the capacity to undertake or submits a Contra factum non valet
bid to, or does himself or by or through argumentum. Lat. Against this fact no
others, construct, alter, repair, add to, argument can prevail. [Fed. of Free
subtract from, improve, move, wreck or Farmers v. CA, GR L-41161. Sep. 10,
demolish any building, highway, road, 1981]
railroad, excavation or other structure,
project, development or improvement, Contrahaciendo. Sp. Hacer una cosa tan
or to do any part thereof, including the parecida a otra que con dificultad se
erection of scaffolding or other distingan. Eng. To make a thing of such
structures or works in connection close resemblance to another that it is
therewith. The term contractor includes distinguished only with difficulty. [US v.
subcontractor and specialty contractor. Paraiso, GR 91. Nov. 13, 1901].
[Sec. 9, RA 4566]. Compare with Fingir.
Contractor's Bond Act. Act No. 3959. Contra proferentem. Lat. 1. Against the
[Expressly repealed by the Labor Code]. party proffering the evidence.
Contractors' License Law. RA 4566 2001-2006]. 2. A rule premised on the
entitled An Act creating the Philippine belief that if a party is able to stipulate
Licensing Board for Contractors, terms, or is the party who writes the
prescribing its powers, duties and contract, then implicitly he occupies the
functions, providing funds therefor, and stronger position. To redress the
for other purposes enacted on June 19, imbalance between the parties, contra
1965. proferentem holds that the
interpretation that favors the other party
Contract to sell. A bilateral con-tract will be chosen. [Tetley, Glossary of
whereby the prospective seller, while Conflict of Laws, 2004].
expressly reserving the ownership of the
subject property despite delivery thereof Contrato inexistente. In Spanish law, a
to the prospective buyer, binds himself contract void ab initio. [Morenos Law
to sell the said property exclusively to Dict., 2000 Ed., p. 104].
the prospective buyer upon fulfillment of
the condition agreed upon, that is, full Contrato nulo. In Spanish law, a
payment of the purchase price. [Coronel voidable contract. [Morenos Law Dict.,
v. CA, GR 103577. Oct. 7, 1996]. 2000 Ed., p. 104].
Compare with Contract of sale.
Contribution. The amount paid by or in
Contractual reservation of title. See behalf of a member to the National
Pactum reservati dominii. Health Insurance Program for coverage,
based on salaries or wages in the case
Contract worker. Any person working or of formal sector employees, and on
who has worked overseas under a valid household earnings and assets, in the
employment contract and shall include case of self-employed, or on other
seamen or any person working overseas criteria as may be defined by the Phil.
or who has been employed by another Health Ins. Corp. (PHIC) in accordance
which may be a local employer, foreign with the guiding principles set forth in
employer, principal or partner under a Art. 1 of RA 7875, as amended. [Sec. 1,
valid employment contract and shall RA 9241].
include seamen. [Eastern Shipping Lines

135
Contributory negligence doctrine. 1. paraphernalia, or property believed to

The act or omission amounting to want be derived directly or indirectly from any
of ordinary care on the part of the offense, to pass into, through or out of
person injured which, concurring with the country under the supervision of an
the defendant's negligence, is the authorized officer, with a view to
proximate cause of the injury. [Ma-ao gathering evidence to identify any
Sugar Central v. CA, GR 83491. Aug. 27, person involved in any dangerous drugs
1990]. 2. This doctrine may be stated as related offense, or to facilitate
follows: If the negligence of the plaintiff prosecution of that offense. [Sec 3, RA
cooperated with the negligence of the 9165].
defendant in bringing about the accident
causing injury complained of, such Controlled precursors and essential
negligence of the plaintiff would be an chemicals. Those listed in Tables I and
absolute bar to recovery. But if the II of the 1988 UN Convention Against
negligence of the plaintiff is merely Illicit Traffic in Narcotic Drugs and
contributory to his negligence, such Psychotropic Substances as enumerated
negligence would not be a bar to in the attached annex, which is an
recovery, but the amount recoverable integral part of RA 9165. [Sec 3, RA
shall be mitigated by the courts. [Rakes 9165].
v. AG & P, 7 Phil 359; Cangco v. Manila
Railroad Co., 36 Phil 766; Del Prado v. Controller. An officer who audits
Manila Electric Co., 52 Phil. 900; Art. accounts and supervises the financial
2179, CC]. affairs of a corporation or of a
governmental body. [Morenos Law
Control. Admin. Law. The power of an Dict., 2000 Ed., p. 105]. See
officer to alter or modify or nullify or set Coordinator.
aside what a subordinate officer had
done in the performance of his duties Control, power of. The power of an
and to substitute the judgment of the officer to alter or modify or nullify or set
former for that of the latter. [Mondano aside what a subordinate officer had
v. Silvosa, GR L-7708. May 30, 1955]. done in the performance of his duties
Compare with Supervision. and to substitute the judgment of the
former for the latter. [Garcia v. COA, GR
Control. 1. Corp Law. Ownership of 75025. Sep. 14, 1993].
stocks in a corporation possessing at
least fifty-one percent (51%) of the Control powers of the President. A
total voting power of all classes of fundamentally accepted principle in
stocks entitled to vote. [Sec. 34, NIRC, Constitutional Law that the President
as amended]. 2. The power to exercise has control of all executive departments,
a controlling influence over the bureaus, and offices. [Carpio v. Exec.
management or policies of a company, Sec., GR 96409. Feb. 14, 1992].
unless such power is solely the result of
an official position with such company. Control test. Corp. Law. The rule that
Any person who owns beneficially, the nationality of the private corporation
either directly or through one or more is determined by the citizenship of its
controlled companies, more than thirty controlling stockholder. [Diaz, Bus. Law
per centum of the voting securities of a Rev., 1991 Ed., p. 245].
company shall be presumed to control
such company. Any person who does Control test. Labor. Elements (which)
not so more than thirty per centum of constitute the reliable yardstick
the voting securities of any company (whenever the existence of an
shall be presumed not to control such employment relationship is in dispute):
company. [Sec. 3, RA 2629]. (a) the selection and engagement of the
employee; (b) the payment of wages;
Controlled delivery. The investigative (c) the power of dismissal; and (d) the
technique of allowing an unlawful or employer's power to control the
suspect consignment of any dangerous employee's conduct. [Aurora Land
drug and/or controlled precursor and Projects Corp. v. NLRC, GR 114733. Jan.
essential chemical, equipment or 2, 1997]

136
third person acquires all the rights of a

Controversy. A litigated question; creditor by express agreement of the
adversary proceeding in a court of law; debtor, the original creditor and the
a civil action or suit, either at law or in third person (new creditor). [Diaz, Bus.
equity; a justiciable dispute. [PAL v. Law Rev., 1991 Ed., p. 59]. Also
NLRC, GR 120567. Mar. 20, 1998, citing referred to as the Doctrine of
Moreno, Phil. Law Dict., 1982 ed,, p. substitution.
136].
Convention award. A foreign arbitral
Convene. To call together, cause to award made in a Convention State.
assemble, or convoke. [Kapatiran ng [Sec. 3, RA 9285].
mga Naglilingkod sa Pamahalaan ng
Pilipinas, Inc. v. Tan, GR L-81311. June Convention state. A State that is a
30, 1988]. member of the New York Convention.
[Sec. 3, RA 9285].
Convention. From Lat. convenire: to
come together. 1. Legally binding Conversion. An unauthorized assumption
agreement between states sponsored by and exercise of the right of ownership
an international organization. [Intl. Law over goods or personal chattels
Dict. & Direct., 2004]. 2. A multilateral belonging to another, resulting in the
treaty or agreement, usually restricted alteration of their condition or the
to some technical matters. The term is exclusion of the owner's rights. It takes
now used by the United nations for place when a person actually
agreements, involving all or almost all appropriates the property of another to
members of the United Nations on a his own benefit, use, and enjoyment
particular subject, such as the Vienna [Trinidad v. CA, 53 OG 731, citing
Convention on Treaties. [Coquia and Bouvier's Law Dict.].
Santiago, Intl. Law, 3rd Ed. (1998), p.
492]. Convert. To use or dispose of another's
property as if it were one's own. [Sy v.
Conventional constitution. Const. Law. People, GR 85785. Apr. 24, 1989, citing
A constitution enacted deliberately and II Reyes, Crim. Law, 12th Ed., p. 729].
consciously by a constituent body or Compare with Misappropriate.
ruler at a certain time and place.
[Suarez, Pol. Law Reviewer, 1st Ed., Convertible bond. Corp. Law. One
2002, p. 9]. Compare with Cumulative which may be exchanged for another
constitution. security, usually stock. The conversion
privilege, a matter of contract, is usually
Conventional period. Also Voluntary at the option of the bond-holder, limited
period. The period agreed upon by the to a stated period of time or conversion
parties. [Diaz, Bus. Law Rev., 1991 Ed., period and made at a prescribed rate of
p. 16]. exchange or conversion ratio. [Martin,
Commentaries and Jurisp. on Comml.
Conventional redemption. Redemption Laws, Vol. 1, 1988 Rev. Ed., p. 69].
that takes place when the vendor
reserves the right to repurchase the Convertible share. Corp. Law. A share
thing sold, with the obligation to return which is convertible or changeable by
to the vendee the price of the sale, and, the stockholder from one class to
in addition, the expenses of the contract another class (such as from preferred to
and any other legitimate payments common) at a certain price and within a
made by reason of the sale as well as certain period. [De Leon, Corp. Code of
the necessary and useful expenses the Phil. Annotated, 1989 Ed., p. 63].
made on the thing sold, and with other
stipulations which may have been Convey. Broadly, to transfer property or
agreed upon. [Arts. 1601 and 1616, title to property from one person to
CC]. Compare with Legal redemption. another. It may, however, include any
other transaction by which any interest
Conventional subrogation. in real estate is created short of
Subrogation which takes place when a transferring title thereof. [Angela Estate

137
v. CFI Negros Occ., GR L-27084. July purpose. [Morenos Law Dict., 2000 Ed.,
31, 1968]. p. 106].
Conveyance. 1. A written document Cooperation clause. Ins. A clause which

which transfers property from one provides in essence that the insured
person to another. In real-estate law, shall give all such information and
the conveyance usually refers to the assistance as the insurer may require,
actual document which transfers owner- usually requiring attendance at trials or
ship, between persons living (i.e., other hearings. [Claridades, A., Compilation of
than by will), or which charges the land Notes, 2001-2006].
with another's interest, such as a
mortgage. [Duhaime's Legal Dict., Cooperative. 1. A duly registered
2004]. 2. It may refer not only to an association of persons with a common
absolute sale but also to mortgage or bond of interest who have voluntarily
any other transaction. It signifies every joined together to achieve a lawful
instrument by which any estate or common social and economic end,
interest in real estate is created, making equitable contributions to the
alienated, mortgaged, or assigned. capital required and accepting a fair
[Patalinghud v. Ballesteros, GR L-25421. share of the risks and benefits of the
Mar. 31, 1971, citing 13 CJ, 900; 18 undertaking in accordance with
CJS, 92]. universally accepted cooperative
principles. [Sec. 4, RA 8435]. 2. A duly
Convict. 1. n. One who has been finally registered association of at least fifteen
condemned by a court, one who has (15) persons, majority of which are
been adjudged guilty of a crime or poor, having a common bond of
misdemeanor. 2. v. To condemn after a interest, who voluntarily join together to
judicial investigation. [Torres v. achieve a lawful common social and
Gonzales, GR 76872. July 23, 1987]. economic end. It is organized by the
members who equitably contribute the
Conviction. 1. A verdict judgment, or required share capital and accept a fair
plea of guilty, if such verdict, judgment share of the risks and benefits of their
or plea has not been reversed, set undertaking in accordance with the
aside, or withdrawn, whether or not universally accepted corporate principles
sentence has been imposed. [Sec. 3, RA and practices. [Sec. 3, RA 8425]. 3. A
2629]. 2. The result of a criminal trial duly registered association of persons,
which ends in a judgment or sentence with a common bond of interest, who
that the prisoner is guilty as charged. have voluntarily joined together to
[Torres v. Gonzales, GR 76872. July 23, achieve a lawful common social
1987]. Often denotes the Final economic end, making equitable
judgment of the court. 3. The formal contributions to the capital required and
decision of a criminal trial which finds accepting a fair share of the risks and
the accused guilty. It is the finding of a benefits of the undertaking in
court that a person has, beyond accordance with universally accepted
reasonable doubt, committed the crime cooperative principles. [Sec. 4, RA
for which he has been accused. It is the 7607].
ultimate goal of the prosecution and the
result resisted by the defense. Once Cooperative banks. Banks whose
convicted, an accused may then be owners are farmer's associations or
sentenced. [Duhaime's Legal Dict., cooperatives. [Sec. 4, RA 7607].
2004]. 4. A judgment of guilt against a
criminal defendant. [Glossary of Legal Cooperative Code of the Philippines.
Terms (Pro-Se), 2004]. RA 6938 entitled An Act to Ordain a
Cooperative Code of the Philippines
Cooperation. That assistance which Art. enacted on March 10, 1990.
17 of the Rev. Penal Code prescribes of
an accomplice (that) is knowingly and Cooperative Development Authority
intentionally given and is not possible (CDA). The government agency in
without prior knowledge of the criminal charge of the registration and regulation
of cooperatives. [Art. 5 (8), RA 6938].

138
Cooperatives. Organizations composed Copy. In the law of trademark, one who

primarily of small agricultural producers, knows of another trademark and
farmers, farmworkers, or other agrarian knowingly adopts a confusingly similar
reform beneficiaries who voluntarily mark and uses it in the same or related
organize themselves for the purpose of goods. [Morenos Law Dict., 2000 Ed., p.
pooling land, human, technological, 107].
financial or other economic resources,
and operated on the principle of one Copyright. 1. The exclusive right: (a) to
member, one vote. A juridical person print, reprint, publish, copy, distribute,
may be a member of a cooperative, with multiply, sell, and make photographs,
the same rights and duties as a natural photo-engravings, and pictorial
person. [Sec. 3, RA 6657]. illustrations of the works; (b) to make
any translation or other version or
Cooperative settlement training. The extracts or arrangements or adaptations
training of a group of young people or thereof; to dramatize it if it be a non-
farmer families in modern methods in dramatic work; to convert it into a non-
agriculture and cooperative living and dramatic work if it be a drama; to
subsequently to organize and locate complete or execute if it be a model or
them in cooperative settlement. [Sec. 1, design; (c) to exhibit, perform,
Rule 1, Book 2, IRR of LC]. represent, produce, or reproduce, the
work in any manner or by any method
Coordination. Harmonious combination. whatever for profit or otherwise; it not
[Morenos Law Dict., 2000 Ed., p. 107]. reproduced in copies for sale, to sell any
manuscript or any record whatsoever
Coordinator. Also Controller, thereof; (d) to make any other use or
Supervisor, Encargado or variants disposition of the work consistent with
thereof. Any person who exercises the laws of the land. [Sec. 5, PD 49]. 2.
control and supervision over the The exclusive right to produce or
collector or agent. [Sec. 2, RA 9287]. reproduce (copy), to perform in public
or to publish an original literary or
Co-ownership. 1. The ownership of an artistic work. [Duhaime's Legal Dict.,
undivided thing or right belonging to 2004].
different persons. [Art. 484, CC]. 2. A
form of trust and every co-owner is a Copyright infringement. Copying a
trustee for the other. In co-ownership, substantial part of the original work
the relationship of each co-owner to the belonging to another. [Morenos Law
other co-owners is fiduciary in character Dict., 2000 Ed., p. 107].
and attribute. Whether established by
law or by agreement of the co-owners, Coral. 1. The hard calcareous substance
the property or thing held pro-indiviso is made up of the skeleton of marine
impressed with a fiducial nature that coelenterate polyps which include reefs,
each co-owner becomes a trustee for shelves and atolls or any of the marine
the benefit of his co-owners and may coelenterate animals living in colonies
not do any act prejudicial to the interest where their skeletons form a stony
of his co owners. [Sotto v. Teves, GR L- mass. [Sec. 4, RA 8550]. 2. Small
38018. Oct. 31, 1978]. anemone-like organisms belonging to
Phylum coelenterata which secrete their
Copper smelting and refining. The own skeletons of various forms that may
manufacture of copper into basic forms, be hard, soft, stony or horny. [Sec. 3,
such as ingots, bars, billets, sheets, PD 1219].
strips, circles, sections, rods castings
and extrusion. [Sec. 2, RA 4095]. Coral reef. A natural aggregation of coral
skeleton, with or without living coral
Co-production agreement (CA). An polyps, occurring in intertidal and
agreement entered into between the subtidal marine waters. [Sec. 4, RA
Government and one or more 8550].
contractors in accordance with Sec.
26(b) of RA 7942.

139
Core list. A list of drugs that meets the

health care needs of the majority of the Corporate alter ego doctrine. See
population. [Sec. 3, RA 6675]. Piercing the veil of corporate entity
(or fiction) doctrine.
Corneal excision. The surgical removal
of corneal tissue from cadaver eyes for Corporate books and records. Records
the purpose[ of eye banking and of all business transactions of a
transplant. [Sec. 4, DOH Admin. Order corporation kept and carefully preserved
11-95]. at its principal office including the
minutes of all meetings of stockholders
Corneal tissue. For purposes of tissue or members, or of the board of directors
retrieval and eye banking, it refers to or trustees., in which is set forth in
the entire transparent structure forming detail the time and place of holding the
the anterior part of the fibrous tunic of meeting, how authorized, the notice
the eye plus 2 to 3 millimeters of scleral given, whether the meeting was regular
tissue. As such, the tissue would be or special, if special its object, those
roughly 15 millimeters diameter and 0.4 present and absent, and every act done
to 0.5 millimeters in thickness. [Sec. 4, or ordered done at the meeting. [Sec.
DOH Admin. Order 11-95]. 74, Corp. Code].
Coronary. Legal Med. Encircling in the Corporate enterprise theory. The

manner of a crown, a term applied to theory espousing that the corporation is
vessels, ligaments. etc. [Pa-ac v. not merely an artificial being but more
Itogon-Suyoc Mines, GR L-35800. July of an aggregation of persons doing
23, 1987]. business or an underlying business unit.
Coronary arteriosclerosis. Legal Med. 2001-2006].
A condition characterized by a
hardening and thickening of the arteries Corporate existence, commencement
which supply blood to the heart muscle. of. The date when a private corporation
[Bautista v. WCC, GR L-42885. Nov. 23, formed or organized under the
1977, citing Schmidt's Atty.s Dict. of Corporation Code commences to have
Med., 1965 Sup., p. 96]. corporate existence and juridical
personality and is deemed incorporated
Coronary occlusion. Legal Med. The which is reckoned from the date the SEC
occlusion, or closing off, of a coronary issues a certificate of incorporation
artery. [Pa-ac v. Itogon-Suyoc Mines, under its official seal, and there-upon
GR L-35800. July 23, 1987]. Commonly the incorporators, stockholders or
referred to as Heart attack. members and their successors shall
constitute a body politic and corporate
Coronary thrombosis. Legal Med. The under the name stated in the articles of
sudden plugging of the artery by a incorporation for the period of time
blood clot developing within the vessel. mentioned therein, unless said period is
[Pa-ac v. Itogon-Suyoc Mines, GR L- extended or the corporation is sooner
35800. July 23, 1987]. Commonly dissolved in accordance with law. [Sec.
referred to as Heart attack. 19, Corp. Code].
Corporal punishment. A punishment for Corporate franchise. See Primary

some violation of conduct which franchise.
involves the infliction of pain on, or
harm to the body. A fine or Corporate liquidation. The continuation
imprisonment is not considered to be as a body corporate of a corporation
corporal punishment (in the latter case, whose charter expires by its own
although the body is confined, no limitation or is annulled by forfeiture or
punishment is inflicted upon the body). otherwise, or whose corporate existence
The death penalty is the most drastic for other purposes is terminated in any
form of corporal punishment and is also other manner, for three (3) years after
called Capital punishment. [Duhaime's the time when it would have been so
Legal Dict., 2004]. dissolved, for the purpose of

140
prosecuting and defending suits by or accordance with the Corporation Code.

against it and enabling it to settle and [Sec. 11, Corp. Code].
close its affairs, to dispose of and
convey its property and to distribute its Corporation. 1. An artificial being
assets, but not for the purpose of created by operation of law, having the
continuing the business for which it was right of succession and the powers,
established. [Sec. 122, Corp. Code]. attributes and proper-ties expressly
authorized by law or incident to its
Corporate officers. Only those officers existence. [Sec. 2, Corp. Code]. 2. An
who are given that character either by entity separate and distinct from its
the Corp. Code or the by-laws. [De stockholders. While not in fact and in
Leon, Corp. Code of the Phil. Annotated, reality a person, the law treats a
1989 Ed., pp. 192-193]. corporation as though it were a person
by process of fiction or by regarding it
Corporate offsprings. See as an artificial person distinct and
subsidiaries. separate from its individual
stockholders. [Remo v. IAC, GR 67626.
Corporate opportunity doctrine. The Apr. 18, 1989].
doctrine under which corporate officers
are not permitted to the use their Corporation aggregate. A corporation
position of trust and confidence to composed of several natural persons.
further their interests. It is precisely a [Diaz, Bus. Law Rev., 1991 Ed., p. 247].
recognition by the courts that the
fiduciary standards could not be upheld Corporation by estoppel. Persons who
where the fiduciary was acting for two assume to act as a corporation knowing
entities with competing interests. This it to be without authority to do so. They
doctrine rests fundamentally of the are liable as general partners for all
unfairness, in particular circumstances, debts, liabilities and damages incurred
of an officer or director taking or arising as a result thereof. When
advantage of an opportunity for his own sued on any transaction entered by it as
personal profit when the interest of the a corporation or on any tort committed
corporation justly calls for protection. by it as such, it is estopped from using
[Gokongwei v. SEC, GR L-45911. Apr. as a defense its lack of corporate
11, 1979]. personality. [Sec. 21, Corp. Code].
Corporate residence. The place stated Corporation by prescription. A

in the law creating the corporation or in corporation which has exercised
its Articles of Incorporation. [Morenos corporate powers for an indefinite
Law Dict., 2000 Ed., p. 108]. period without interference on the part
of the sovereign power. E.g., Roman
Corporate secretary. Officer of a Catholic Church. [Claridades, A.,
corporation responsible for the official Compilation of Notes, 2001-2006].
documents of the corporation such as
the official seal, records of shares Corporation Code. BP 68 entitled The
issued, and minutes of all board or Corporation Code of the Philippines
committee meetings. [Duhaime's Legal enacted on May 1, 1980.
Dict., 2004].
Corporation sole. 1. A corporation
Corporate term. The period within formed by the chief archbishop, bishop,
which a corporation shall exist which priest, minister, rabbi or other presiding
shall not exceed fifty (50) years from elder of such religious denomination,
the date of incorporation unless sooner sect or church for the purpose of
dissolved or unless said period is administering and managing, as trustee,
extended. The corporate term as the affairs, property and temporalities of
originally stated in the articles of any religious denomination, sect or
incorporation may be extended for church. [Sec. 110, Corp. Code]. 2. A
periods not exceeding fifty (50) years in special form of corporation usually
any single instance by an amendment of associated with the clergy. Conceived
the articles of in-corporation, in and introduced into the common law by

141
sheer necessity, this legal creation was

designed to facilitate the exercise of the Correspondent bank. A bank which acts
functions of ownership carried on by the as an agent of another bank, especially
clerics for and on behalf of the church in carrying a deposit balance for the
which was regarded as the property latter. [Intl. Law Dict. & Direct., 2004].
owner [Rep. v. IAC, GR L-75042. Nov.
29, 1988, citing 1 Bouvier's Law Dict., p. Corroborative evidence. 1. Evidence
682-683]. which is of a different kind and
character as that already given and
Corporators. Those who compose a tends to prove the same proposition.
corporation, whether as stockholders or [Claridades, A., Compilation of Notes,
as members. [Sec. 5, Corp. Code]. 2001-2006]. 2. Supplementary evidence
that tends to strengthen or confirm the
Corpus delicti. 1. The body (material initial evidence. [Glossary of Legal
substance) upon which a crime has Terms (Pro-Se), 2004]. Compare with
been committed, e.g., the corpse of a Cumulative evidence.
murdered man or the charred remains
of a house burned down. [Jurists Legal Corrosive. 1. Any substance which on
Dict., 2004]. 2. The body (material contact with living tissue will cause
substance) upon which a crime has destruction of tissue by chemical action.
been committee, e.g., the corpse of a [Art. 4, RA 7394]. 2. Any substance or
murdered man or the charred remains material, either liquid, solid or gaseous,
of a house burned by an arsonist. which through chemical reaction wears
[Jurists Legal Dict., 2004]. 3. In a away, impairs or consumes any object.
derivative sense, it means the It shall include but not limited to
substantial fact that a crime was alkaline battery fluid packed with empty
committed. [People v. Lorenzo, GR storage battery, alkyl chloroformate,
110107. Jan. 26, 1995]. alkytrichlorosilane, ammonium dinitro-
orthocresolate and other similar
Corpus delicti. Elements: (a) That a materials and substances. [Sec. 5, RA
certain result has been proved, for 6235].
example a man has died or a building
has been burned, and (b) that some Corrosive liquid. Any liquid which
person is criminally responsible for the causes fire when in contact with organic
act. [People v. Lorenzo, GR 110107. matter or with certain chemicals. [Sec.
Jan. 26, 1995]. 3, PD 1185].
Correctional penalties. The following Corruption of minors. Crim. Law. The

are correctional penalties under the Rev. felony committed by any person who
Penal Code: Prision correccional, arresto shall promote or facilitate the
mayor, suspension, destierro, and fine, prostitution or corruption of persons
whether imposed as a single of as an underage to satisfy the lust of another.
alternative penalty, which does not [Art. 340, RPC].
exceed 6,000 pesos but is not less than
200 pesos. [Arts. 25-26, RPC]. Corruption of public officials. Crim.
Law. The felony committed by any
Corrective damages. See Exemplary person who shall have made the offers
damages. or promises or given the gifts or
presents as described in Art. 210 and
Correlative. A reciprocal or 211 of the Rev. Penal Code. [Art. 212,
complementary relationship. [Intl. Law RPC].
Cosas muebles. Sp. Movable chattels.
Correspondence with hostile country. [US v. Carlos, GR 6295. Sep. 1, 1911].
Crim. Law. The felony committed by any
person who in time of war, shall have Cosmetics. (a) Articles intended to be
correspondence with an enemy country rubbed, poured, sprinkled or sprayed
or territory occupied by enemy troops. on, introduced into or otherwise applied
[Art. 120, RPC]. to the human body or any part thereof

142
for clean-sing, beautifying, promoting service such as depreciation or rental of

attractiveness, or altering the equipment used and cost of supplies.
appearance, and (b) article intended for [Sec. 27, NIRC, as amended].
use as a component of any such article
except that such term shall not include Costs. 1. Costs shall include fees and
soap. [Art. 4, RA 7394]. indemnities in the course of the judicial
proceedings, whether they be fixed or
Cost and freight (C & F). 1. Shipment unalterable amounts previously
contracts. The term means that the determined by law or regulations in
price fixed includes in a lump sum the force, or amounts not subject to
cost of the goods and freight to the schedule. [Art. 37, RPC]. 2. The
named destination. It simply means that expenses of prosecuting or defending a
the seller must pay the costs and freight lawsuit, other than the attorney fees. An
necessary to bring the goods to the amount of money may be awarded to
named destination but the risk of loss or the successful party (and may be
damage to the goods is transferred from recoverable from the losing party) as
the seller to the buyer when the goods reimbursement for court costs. [Jurists
pass the ship's rail in the port of Legal Dict., 2004].
shipment. [Filipino Merchants Ins. Co.,
INC. v. CA, GR 85141. Nov. 28, 1989]. Cottage industry. A modest economic
2. The terms in a contract of sale of activity for profit using primarily
goods whereby the seller must pay the indigenous raw materials in the
cost and freight necessary to bring the production of various articles that
goods to the named port of destination. generally involve craftsmanship, artistic
[Intl. Law Dict. & Direct., 2004]. skills and the tradition of the country.
[EO 917, Oct. 15, 1983].
Cost, insurance and freight (CIF). The
terms in a contract of sale of goods Cottage or handicraft establishment.
whereby the seller must pay the costs One engaged in an economic endeavor
and freight necessary to bring the goods in which the products are primarily done
to a named port of destination, and in the home or such other places for
must also procure marine insurance profit which requires manual dexterity
against the buyer's risk of loss to the and craftsmanship and whose
goods during the carriage. [Intl. Law capitalization does not exceed P500,000,
Dict. & Direct., 2004]. regardless of previous registration with
the defunct NACIDA. [Sec. 1, Rule 7,
Cost of acquisition. The indication of Book 3, IRR of LC].
the amount of outlay that the
government spent or paid for acquiring Cotton Industry Development Law of
the property. [Memo. from the Exec. 1998. RA 8486 entitled An Act merging
Sec. dated Aug. 20, 1998]. the Philippine Cotton Corporation and
the Cotton Research and Development
Cost of living index adjustment Institute into a Cotton Development
clauses. Clauses widely used in Administration, vesting it with regulatory
commercial contracts (the purpose of powers and appropriating funds for the
which is) to maintain fiscal stability and purpose enacted on Feb. 11, 1998.
to retain (real peso) value to the price
terms of long term contracts. [Banco Counsel. 1. An adviser, a person
Filipino Savings and Mortgage Bank v. professionally engaged in the trial or
Navarro, GR L-46591. July 28, 1987]. management of a cause in court; a legal
advocate managing a case at law; a
Cost of services. All direct costs and lawyer appointed or engaged to advise
expenses necessarily incurred to provide and represent in legal matters a
the services required by the customers particular client, public officer, or public
and clients including (a) salaries and body. [Webster's 3rd New Intl. Dict.,
employee benefits of personnel, 1966, p. 518]. 2. A legal adviser; a term
consultants and specialists directly used to refer to lawyers in a case.
rendering the service and (b) cost of [Glossary of Legal Terms (Pro-Se),
facilities directly utilized in providing the 2004].

143
with the forgers or importers, any

Counselor. An attorney at law; one or instrument payable to order or other
more attorneys representing parties in document of credit not payable to
an action. [Ballantine's Law Dict., 3rd bearer. [Art. 167, RPC].
Ed., 1969, p. 278].
Counterfeiting the great seal of the
Counsel de oficio. A lawyer or attorney Government of the Philippines,
appointed by the court to represent a forging the signature or stamp of
party, usually an indigent defendant, in the Chief Executive. Crim. Law. The
a criminal case. [Pineda, Legal and felony committed by any person who
Judicial Ethics, (1999 Ed.), p. 8]. See shall forge the Great Seal of the
also Court-appointed attorney. Government of the Philippines or the
signature or stamp of the Chief
Counsel fee. A fee obligated to be paid Executive. [Art. 161, RPC].
by a client in favor of his lawyer.
[Morenos Law Dict., 2000 Ed., p. 109]. Counterfeit product. Any consumer
product which, or the container or
Counsel guarantee. The assurance of labeling of which, without authorization,
the assistance of counsel. [Morenos bears the trade-mark, trade name, or
Law Dict., 2000 Ed., p. 109]. other identifying mark, imprint, or
device, or any likeness thereof, of a
Countercharge. A charge in answer to consumer product manufacturer,
another charge or against the accuser. processor, packer, distributor, other
[Morenos Law Dict., 2000 Ed., p. 109]. than the person or persons who in fact
manufactured, processed, packed or
Counterclaim. 1. Any claim for money or distributed such product and which
other relief which a defending party may thereby falsely purports or is
have against an opposing party. A represented to be the product of, or to
counterclaim need not diminish or have been packed or distributed by such
defeat the recovery sought by the consumer product manufacturer,
opposing party, but may claim relief processor, packer, or distributor. [Art. 4,
exceeding in amount or different in kind RA 7394].
from that sought by the opposing
party's claim. [Sec. 6, Rule 6, RoC]. 2. A Countervailing duty. A duty levied in an
claim made by the defendant in a civil amount equal to the ascertained or
lawsuit against the plaintiff. In essence, estimated amount of the bounty,
a counter lawsuit within a lawsuit. subsidy or subvention granted by the
[Glossary of Legal Terms (Pro-Se), foreign country on the production,
2004]. manufacture or exportation into the
Philippines of any article likely to injure
Counterfeit. To forge; to copy or an industry in the Philippines or retard
imitate, without authority or right, and or considerably retard the establishment
with a view to deceive or defraud, by of such industry. [Sec. 302, TCC].
passing the copy or thing forged for that
which is original or genuine. [Blacks Countervailing measures. A duty
Law Dict., Abr. 5th Ed. (1983), p. 184]. specifically levied to offset a subsidy.
[Intl. Law Dict. & Direct., 2004].
Counterfeit access device. Any access
device that is counterfeit, fictitious, Counting center. A public place
altered, or forged, or an identifiable designated by the Commission on
component of an access device or Election where counting of votes and
counterfeit access device. [Sec. 3, RA canvassing/consolidation of results shall
8484]. be conducted. [Sec. 2, RA 8436].
Counterfeiting, importing and Counting machine. A machine that uses

uttering instruments not payable to optical scanning/mark sense reading
bearer. Crim. Law. The felony device or any similar advanced
committed by any person who shall technology to count ballots. [Sec. 2, RA
forge, import or utter, in connivance 8436; Sec. 2, RA 8046].

144
Court. 1. A body in government to which

Country. Pol. Law. Any independent the administration of justice is
political unit or sovereign nation, delegated. [Glossary of Legal Terms
territory, colony and political or (Pro-Se), 2004]. 2. As referred to in Art.
territorial subdivision. [Sec. 2, PD 1433]. 6 of the Model Law, the term shall mean
a RTC. [Sec. 3, RA 9285].
Countryside and barangay business
enterprise. Any business entity, Court-annexed mediation. Any
association, or cooperative registered mediation process conducted under the
under the provisions of RA 6810, auspices of the court, after such court
otherwise known as "Magna Carta For has acquired jurisdiction of the dispute.
Countryside And Barangay Business [Sec. 3, RA 9285].
Enterprises (Kalakalan 20)." [Sec. 131,
RA 7160]. Court-appointed attorney. Attorney
appointed by the court to represent a
Coup d'etat. Fr. A swift attack defendant, usually with respect to
accompanied by violence, intimidation, criminal charges and without the
threat, strategy or stealth, directed defendant having to pay for the
against duly constituted authorities of representation. [Glossary of Legal Terms
the Republic of the Philippines, or any (Pro-Se), 2004]. See also Counsel de
military camp or installation, oficio.
communications network, public utilities
or other facilities needed for the Court costs. The expenses of
exercise and continued possession of prosecuting or defending a lawsuit,
power, singly or simultaneously carried other than the attorney fees. An amount
out anywhere in the Philippines by any of money may be awarded to the
person or persons, belonging to the successful party (and may be
military or police or holding any public recoverable from the losing party) as
office of employment with or without reimbursement for court costs. [Jurists
civilian support or participation for the Legal Dict., 2004].
purpose of seizing or diminishing state
power. [Art. 134-A, RPC, as amended by Court martial. A military court set up to
RA 6968]. try and punish offenses taken by
members of the army, navy or air force.
Coup d'etat law. RA 6968 entitled An [Duhaime's Legal Dict., 2004].
Act punishing the crime of coup d'etat
by amending Arts. 134, 135 and 136 of Court of admiralty. A rather archaic
Chapter One, Title Three of Act term used to denote the court which
Numbered Thirty-eight Hundred and has the right to hear shipping, ocean
Fifteen, otherwise known as the Rev. and sea legal cases. Also known as
Penal Code, and for other purposes Maritime law. [Duhaime's Legal Dict.,
enacted on Oct. 24, 1990. 2004].
Coupon bond. Corp. Law. One to which Court of Industrial Relations Act.
are attached coupons for the several Commonwealth Act No. 103, as
successive installments of interest amended. [Expressly repealed by the
accruing on the bond to maturity. The Labor Code].
coupons are simple promissory notes
that entitle the holder to interest when Court of origin or original
due; such coupons may be detached jurisdiction. A court where a matter is
and negotiated separately and once initiated and heard in the first instance;
detached and negotiated cease to be a trial court. [Glossary of Legal Terms
mere incidents of the bond and become (Pro-Se), 2004].
independent claims. [Martin,
Commentaries and Jurisp. on Comml. Court of record. 1. A court which is
Laws, Vol. 1, 1988 Rev. Ed., p. 69, citing bound to keep a record of its
9 CJ Sec. 79]. proceedings for a perpetual memorial
and testimony thereof. [Melgar v.
Delgado, GR 30892. July 22, 1929,

145
citing 2 Cyc., 657-658]. 2. A court in objects, cash substitutes and other

which the proceedings are recorded, similar monetary instruments or
transcribed, and maintained as property supervised or regulated by
permanent records. [Jurists Legal Dict., SEC. [Sec. 3, RA 9160].
2004].
Covered transaction. Pursuant to the
Court-referred mediation. Mediation Anti-Money Laundering Act of 2001 (RA
ordered by a court to be conducted in 9160), the term refers to a single,
accordance with the Agreement of the series, or combination of transactions
Parties when as action is prematurely involving a total amount in excess of
commenced in violation of such P4,000,000.00 or an equivalent amount
agreement. [Sec. 3, RA 9285]. in foreign currency based on the
prevailing exchange rate within five (5)
Courts of equity. See Equity, courts consecutive banking days except those
of. between a covered institution and a
person who, at the time of the
Court stenographer. A person who transaction was a properly identified
transcribes by shorthand or client and the amount is commensurate
stenographically takes down testimony with the business or financial capacity of
during court proceedings, a deposition, the client; or those with an underlying
or other trial-related proceeding. legal or trade obligation, purpose, origin
[Jurists Legal Dict., 2004]. May also be or economic justification. It like-wise
called Court reporter. refers to a single, series or combination
or pattern of unusually large and
Covenant. 1. An international compact complex transactions in excess of
which has binding effect, usually on P4,000,000.00 especially cash deposits
many States. [Coquia and Santiago, Intl. and in-vestments having no credible
Law, 3rd Ed. (1998), p. 492].2. A written purpose or origin, underlying trade
document in which signatories either obligation or contract. [Sec. 3, RA
commit themselves to do a certain 9160].
thing, to not do a certain thing or in
which they agree on a certain set of Cover note. 1. A note which may be
facts. [Duhaime's Legal Dict., 2004]. issued to bind insurance temporarily
pending the issuance of the policy.
Covered institution. Pursuant to the Within sixty days after the issue of the
Anti-Money Laundering Act of 2001 (RA cover note, a policy shall be issued in
9160), the term refers to: (a) banks, lieu thereof, including within its terms
non-banks, quasi-banks, trust entities, the identical insurance bound under the
and all other institutions and their cover note and the premium therefor.
subsidiaries and affiliates supervised or [Sec. 52, IC]. 2. A contract and not a
regulated by the Bangko Sentral ng mere application for insurance and is
Pilipinas (BSP); (b) insurance companies deemed integrated to the regular
and all other institutions supervised or policies subsequently issued. [Pacific
regulated by the Insurance Commission; Timber v. CA, GR L-38613. Feb. 25,
and (c) (i) securities dealers, brokers, 1982].
sales-men, investment houses and other
similar entities managing securities or Craft. Chicanery resorted to by the
rendering services as investment agent, accused to aid in the execution of his
advisor, or consultant, (ii) mutual funds, criminal design. It is employed as a
close and investment companies, scheme in the execution of the crime.
common trust funds, pre-need [People v. Zea, GR L-23109. June 29,
companies and other similar entities, (iii) 1984].
foreign exchange corporations, money
changers, money payment, remittance, Credibility of a witness. Guiding rules:
and transfer companies and other (a) the appellate court will not disturb
similar entities, and (iv) other entities the factual findings of the lower Court,
administering or otherwise dealing in unless there is a showing that it had
currency, commodities or financial overlooked, misunderstood or
derivatives based thereon, valuable misapplied some fact or circumstance of

146
weight and substance that would have subsequent to the making of such sale
affected the result of the case [People v. or contract; any contract, any option,
Ablaza, GR L-27352, 31 Oct. 1969, 30 demand, lien or pledge, or to the other
SCRA 173]; (b) the findings of the trial claims against, or for the delivery of,
court pertaining to the credibility of a property or money, any purchase, or
witness is entitled to great respect since other acquisition of or any credit upon
it had the opportunity to examine his the security of, any obligation or claim
demeanor as he testified on the witness arising out of the foregoing, and any
stand, and, therefore, can discern if transaction or series of transactions
such witness is telling the truth or not having similar purpose or effect. [Sec. 3,
[People v. Amoncio, GR L-49069, 22 RA 8556; Sec. 3, RA 5980]. 2. A sum
June 1983, 122 SCRA 686]; and (c) a credited on the books of a company to a
witness who testifies in a categorical, person who appears to be entitled to it.
straightforward, spontaneous and frank It presupposes a creditor-debtor
manner and remains consistent on relationship, and may be said to imply
cross-examination is a credible witness ability, by reason of property or estates
[People v. Barros, GR L-34249, 3 May to make a promised payment [Rep. v.
1983, 122 SCRA 34]. PNB, GR L-16106. Dec. 30, 1961, citing
In Re Ford, 14 F. 2nd 848, 849]. 3. That
Credible evidence. 1. Evidence which is which is due to a person, as
not only admissible evidence but also distinguished from debit, that which is
believable and used by the court in due by him. Claim or cause of action for
deciding a case. [Claridades, A., specific sum of money. An entry on the
Compilation of Notes, 2001-2006]. right-hand side of an account. [Blacks
Credible persons. The term, as used in Compare with Debit.
the Revised Naturalization Law, means
not only an individual who has not been Creditable service. That which is
previously convicted of a crime; who is sufficiently good to bring esteem,
not a police character and has no police deserving of praise. [Ramos v. Diaz, GR
record; who has not perjured in the L-24521. Dec. 11, 1967].
past; or whose affidavit or testimony is
not incredible. What must be credible is Credit card. 1. Any card, plate, coupon
not the declaration made, but the book, or other credit device existing for
person making it. This implies that such the purpose of obtaining money, goods,
person must have a good standing in property, labor or services or any thing
the community; that he is known to be of value on credit. [Sec. 3, RA 8484]. 2.
honest and upright; that he is reputed Any card, plate, coupon book or other
to be trustworthy and reliable; and that credit device existing for the purpose of
his word may be taken on its face value. obtaining money, property, labor or
[In Re: Gaw Ching v. Rep., GR L-19419. services on credit. [Art. 4, RA 7394].
Sep. 30, 1964].
Credit cooperative. One which
Credible witness. 1. A witness who promotes thrift among its members and
testifies in a categorical, straight- creates funds in order to grant loans for
forward, spontaneous and frank manner productive and provident purposes. [Art.
and remains consistent. [People v. 23, RA 6938].
Rosare, GR 118823. Nov. 19, 1996]. 2.
One who, being competent to give Credit enhancement. Any legally
evidence, is worthy of belief. [Torres, enforceable scheme intended to improve
Oblig. & Cont., 2000 Ed., p. 350]. the marketability of the asset-backed
securities (ABS) and increase the
Credit. 1. Any loan, mortgage, financial probability that the holders of the ABS
lease, deed of trust, advance or receive payment of amounts due them
discount, any conditional sales contract, under the ABS in accordance with the
contract to sell, or sale or contract of plan for securitization as approved by
sale of property or service, either for the SEC. [Sec. 3, RA 9267].
present or future delivery, under which,
part of all or the price is payable

147
Credit line. The maximum amount which compensation for use a sum
a bank agrees to Lend in a Lump sum or substantially equivalent to or in excess
by several payments to the customer, of the aggregate value of the products
and which may be overdrawn by or real property involved and it is
promissory notes. [Gobonseng v. CA, agreed that the bailee or lessee will
GR 111797. July 17, 1995, citing Agaton become, or for no other or a nominal
Sibal, Phil. Legal Encyc. 195 (1986 Ed.)]. consideration has the option to become,
the owner of the products or real
Creditor. 1. A person to whom a debt is property upon full compliance with the
owed by another. [Jurists Legal Dict., terms of the agreement. [Art. 4, RA
2004]. 2. Any person engaged in the 7394].
business of extending credit and shall
include any person who as a regular Credit transaction. 1. A transaction
business practice makes loans or sells or between a natural person and a creditor
rents property or services on a time, in which real or personal property,
credit or installment basis, either as services or money acquired on credit
principal or as agent who requires as an and the person's obligation is payable in
incident to the extension of credit, the installment. [Art. 4, RA 7394]. 2. All
payment of a finance charge. [Art. 4, RA transactions involving the purchase or
7394]. loan of goods, services, or money in the
present with a promise to pay or deliver
Credit risks. Possible non-payment of in the future. [De Leon, Comments and
credit granted to a foreign customer by Cases on Credit Trans., 1999 Ed., p. 1].
the insured in connection with an export
transaction resulting from or occasioned Creek. A recess or arm extending from a
by circumstances, happenings or events river and participating in the ebb and
which are outside or beyond the control flow of the sea; a property belonging to
of the insured as follows: (a) Insolvency the public domain which is not
or protracted default of the foreign susceptible to private appropriation and
customer; (b) governmental action acquisitive prescription, and as a public
under circumstances not due to the fault water, it cannot be registered under the
of the buyer which prevents the transfer Torrens System in the name of any
of payment to exporters; (c) new import individual. [Diego v. CA, 102 Phil. 494;
or export licensing restrictions in the Mangaldan v. Manaoag, 38 Phil. 455].
country of the foreign customer or of
the insured; (d) moratoria, war, Crew. The aggregate of seamen who
revolution, civil disturbances, or similar man a ship or vessel. [Morenos Law
circumstances which prevent the Dict., 2000 Ed., p. 112].
payment of accepted goods and or
services; and (e) such other risks Crime. An act or omission which is
connected with export transactions on prohibited by criminal law. An offense
deferred payment, except against risks against the State, and hence is
of devaluation or changes in the prosecuted in the name of the People of
exchange rate and against risks that are the Philippines. [People v. Arcilla, GR
normally insured with commercial 116237. May 15, 1996, citing Sec. 2,
insurers licensed to do business in the Rule 110, RoC]. 2. The commission or
Philippines such as fire, marine, omission by a person having capacity, of
casualty, accident, fidelity, surety, and any act, which is either prohibited or
physical damage. [Sec. 3, RA 6424]. compelled by law and the commission or
omission of which is punishable by a
proceeding brought in the name of the
Credit sale. A sale of products, services government whose law has been
or an interest in land to a person on violated. If the crime is punished by the
credit where a debt is payable in Rev. Penal Code, it is called a felony; if
installments or a finance charge is by a special law, it is called an offense;
imposed and includes any agreement in and if by an ordinance, it is called an
the form of a bailment of products or infraction of an ordinance. [Gregorio,
lease of products or real property if the Fund. of Crim. Law Rev., 1997 9th Ed.,
bailee or lessee pays or agrees to pay

148
citing Whartons Crim. Law, 1957, Vol. or omission punishable by law. [Sec.
1, p. 11]. 3(b), Rule 1, RoC].
Crime committed in contempt of, or Criminal contempt. Conduct that is

with insult to public authorities. An directed against the dignity and
aggravating circumstance under Art. 14 authority of the court or a judge acting
(2) of the Rev. Penal Code that requires judicially; it is an act obstructing the
the following essential elements: (a) administration of justice which tends to
That the crime is committed in the bring the court into disrepute or
presence of a public authority, not a disrespect. [People v. Godoy, GR
mere agent of the authorities [People v. 115908-09. Mar. 29, 1995]. Compare
Siojo, 61 Phil. 307 (1935); People v. with Civil contempt.
Verzo, 21 SCRA 1403 (1967)]; and (b)
that the public authority is engaged in Criminal jurisdiction. The authority to
the exercise of his functions and is not hear and try a particular offense and
the person against whom the crime is impose the punishment for it. [People v.
committed [People v. Siojo, citing US v. Mariano, GR L-40527. June 30, 1976].
Rodriquez, 19 Phil. 150 (1911); Decision
of the Supreme Court of Spain dated Criminal jurisdiction. Elements: (a)
Jan. 24, 1881, 1 Viada 310)], nor the Territorial jurisdiction; (b) jurisdiction
one injured by the commission of the over the subject matter; and (c)
offense. [People v. Pardo, 79 Phil. 568 jurisdiction over the person of the
(1947)]. accused. [Albano, Rem. Law Reviewer,
1st Ed., p. 11-12].
Crimes against humanity. Murder,
genocide, enslavement, deportation, Criminal justice system. The network
and other acts against a civilian of courts and tribunals which deal with
population before or during a war. [Intl. criminal law and its enforcement.
Law Dict. & Direct., 2004]. [Glossary of Legal Terms (Pro-Se),
2004].
Crimes against international law.
Serious violations of international law Criminal law. That body of the law that
including crimes against humanity, deals with conduct considered so
crimes against peace, and war crimes. harmful to society as a whole that it is
[Intl. Law Dict. & Direct., 2004]. prohibited by statute, prosecuted and
punished by the government.
Crimes against peace. The planning, [Duhaime's Legal Dict., 2004].
preparing, initiating, and/or waging a
war of aggression in violation of Criminal liability. The obligation to
international law. Participating in a serve the personal or imprisonment
conspiracy to commit crimes against penalties (and) the liability to pay the
humanity or war crimes. [Intl. Law Dict. fines or pecuniary penalties. [Petralba v.
& Direct., 2004]. Sandiganbayan, GR 81337. Aug. 16,
1991].
Crimes involving destruction. See
Destruction. Criminal liability. Requisites: (a) That
an international felony has been
Crimina juris gentium. Lat. Crimes committed, and (b) that the wrong done
against the law of nations. Crimes for to the aggrieved party be the direct,
which international customary law natural and logical consequence of the
imposes criminal responsibility on felony committed by the offender.
individuals and for which all states may [People v. Iligan, 191 SCRA 643, 651
punish an offender. These include (1990), citing People v. Mananquil, 132
crimes against humanity and crimes SCRA 196, 207 (1984)].
against peace. [Intl. Law Dict. & Direct.,
2004]. Criminal liability, modes of
extinguishing. Art. 89 of the Rev.
Criminal action. An action one by which Penal Code enumerates the causes that
the State prosecutes a person for an act totally extinguish criminal liability as

149
follows: (a) the death of the convict, as irrigation works needing immediate
to the personal penalties; and as to rehabilitation as it is being subjected to
pecuniary penalties, liability therefore is a fast denudation causing accelerated
extinguished only when the death of the erosion and destructive floods. It is
offender occurs before final judgment; closed from logging until it is fully
(b) service of the sentence; (c) rehabilitated. [Sec. 3, PD 705].
amnesty, which completely extinguishes
the penalty and all its effects; (d) Cropper. One who is employed to
absolute pardon; (e) prescription of the cultivate land, receiving as his
crime; (f) prescription of the penalty; compensation a share of the crops.
(g) the marriage of the offended [Abig v. Constantino, GR L-12460. May
woman, as provided in Art. 344 of the 31, 1961].
Code. [Tangan v. People GR L-73963.
Nov. 5, 1987]. Crop zonification. Geographical
delineation of suitable area for the
Criminal negligence. The quasi offense production of specific crops based on
under Art. 365 of the Rev. Penal Code the following criteria: soil and climate
(resulting from) the execution of an conditions; infrastructure and support
imprudent or negligent act that, if services; and local and external
intentionally done, would be punishable demands within specific periods of time.
as a felony. The law penalizes the [Sec. 2, PD 2032].
negligent or careless act, not the result
thereof. [People v. Buan, GR L-25366. Cross-claim. 1. Any claim by one party
Mar. 29, 1968]. See Reckless against a co-party arising out of the
imprudence. transaction or occurrence that is the
subject matter either of the original
Criminal procedure. Part of remedial action or of a counter-claim therein.
law which provides for the Such cross-claim may include a claim
apprehension, prosecution, conviction or that the party against whom it is
acquittal, as the case may be, of a asserted is or may be liable to the cross-
person who is accused of having claimant for all or part of a claim
committed a crime. [Suarez, Intro. to asserted in the action against the cross-
Law, 1995 3rd Ed., p. 233]. claimant. [Sec. 7, Rule 6, RoC]. 2. A
pleading which asserts a claim arising
Criminal prosecutions. Proceedings out of the same subject action as the
before the trial court from arraignment original complaint against a co-party,
to rendition of the judgment. [People v. i.e., one co-defendant cross claims
Jose, GR L-28232. Feb. 6, 1971]. against another co-defendant for
contribution for any damages assessed
Critically endangered species. A against him. [Glossary of Legal Terms
species or subspecies that is facing (Pro-Se), 2004].
extremely high risk of extinction in the
wild in the immediate future. [Sec. 5, Crossed check. A check crossed with
RA 9147]. two (2) lines, between which are either
the name of a bank or the words and
Critical circumstances. Circumstances company, in full or abbreviated. In the
where there is prima facie evidence that former case, the banker on whom it is
increased imports, where there absolute drawn must not pay the money for the
or relative to domestic production, are a check to any other than the banker
substantial cause of serious injury or named; in the latter case, he must not
threat thereof to the domestic industry pay it to any other than a banker.
and that delay in taking action under RA [Gempesaw v. CA, GR 92244. Feb. 9,
8800 would cause damage to the 1993, citing Black's Law Dict. 301 (4th
industry that would be difficult to repair. Ed.)].
[Sec. 4, RA 8800].
Cross-examination. Evid. 1. The cross-
Critical watershed. A drainage area of a examination of the witness by the
river system supporting existing and adverse party, upon the termination of
proposed hydro-electric power and the direct examination, as to any matter

150
stated in the direct examination, or rapid drop in temperature of the

connected therewith, with sufficient immediate surroundings. [Sec. 3, PD
fullness and freedom to test his 1185].
accuracy and truthfulness and freedom
from interest or bias, or the reverse, CSC. See Civil Service Commission.
and to elicit all important facts bearing
upon the issue. [Sec. 6, Rule 132, RoC]. CTA. Court of Tax Appeals.
2. The questioning of a witness
produced by the other side. [Glossary of Cuadrilla. Sp. 1. A band. 2. More than
Legal Terms (Pro-Se), 2004]. Compare three armed malefactors acting together
with Direct examination. in the commission of the offense.
[People v. Atencio, GR L-22518. Jan. 17,
Crude oil. Also Crude. 1. Oil in its 1968].
natural state before the same has been
refined or otherwise treated, but Cuadrilla. Sp. Indispensable
excluding water, bottoms, sediments components: (a) at least four malefactor
and foreign substances. [Sec. 4, RA and (b) all of the four malefactors are
8479]. 2. Oil in its natural state before armed. [People v. Apduhan, Jr., GR L-
the same has been refined or otherwise 19491. Aug. 30, 1968].
treated. It does not include oil produced
through destructive distillation of coal, Cuando el marido translade su
bituminous shales or other stratified residencia. Sp. When the husband
deposits, either in its national state or shall transfer his residence." A phrase
after the extraction of water, and sand referring to another positive act of
or other foreign substances there-from. relocating the family to another home or
[Sec. 3, PD 87]. place of actual residence. [Romualdez-
Marcos, GR 119976. Sep. 18, 1995].
Crude oil exported. This includes not
only crude oil exported as such but also Cuasi-delitos. See Quasi-delict.
indigenous crude oil refined in the
Philippines for export. [Sec. 3, PD 87]. Cuius est solum, ejus est usque ad
caelum et ad inferos. Lat. Who owns
Cruel punishment. Punishment which is the land, owns down to the center of
flagrantly and plainly oppressive, wholly the earth and up to the heavens. This
disproportionate to the nature of the principle of land ownership has been
offense as to shock the moral sense of greatly tempered by case law which has
the community. [People v. Estoista, GR limited ownership upwards to the extent
L-5793. Aug. 27, 1953]. necessary to maintain structures.
Otherwise, airplanes would trespass
Cruelty. 1. This occurs when the wrong incessantly. [LawInfo Legal Dictionary
done in the commission of the crime is (2005)].
deliberately augmented by causing
another wrong which is not necessary Cujus est dominum ejus est
for its commission. [People v. Llabres, periculum. He who has the ownership
GR 74294-96. Aug. 4, 1993, citing Art. suffers the risk. [Morenos Law Dict.,
14 (21), RPC]. 2. The intentional and 2000 Ed., p. 115].
malicious infliction of physical or mental
suffering upon living creatures, Culibet ex virtute si non ad veleari
particularly human beings; or, as debeet vincese. Lat. One should
applied to the latter, the wanton, prevail by reason of his own strength,
malicious, and unnecessary infliction of and not by reason of his opponents
pain upon the body, or the feelings and weakness. [Morenos Law Dict., 2000
emotions; abusive treatment; Ed., p. 115].
inhumanity; outrage. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 199]. Culpa. Also Negligence or Culpa
aquiliana. Sp. Fault. 1. An independent
Cryogenic. Descriptive of any material source of obligation between two
which by its nature or as a result of its persons not so formerly bound by any
reaction with other elements produces a juridical tie. And the civil liability that

151
may arise therefrom is not intended to

be merged in the criminal. Thus, where Cultivate or culture. Any act of
an individual is civilly liable for a knowingly planting, growing, raising, or
negligent act or omission, it is not permitting the planting, growing or
required that the injured party should raising of any plant which is the source
seek out a third person criminally liable of a dangerous drug. [Sec 3, RA 9165].
whose prosecution must be condition
precedent to the enforcement of the Cultivation. The concept is not limited to
civil right. [Batangas Laguna Tayabas the plowing or harrowing of the soil as
Bus Co. v. CA, GR L-33138-39. June 27, in rice and corn fields. Cultivation
1975]. 2. Responsibility for wrongdoing. includes all activities designed to
[Intl. Law Dict. & Direct., 2004]. promote the growth and care of the
plants or trees and husbanding the
Culpa aquiliana. An independent source earth, by general industry, so that it
of obligation between two persons not may bring forth more products or fruits.
so formerly bound by any juridical tie. [Cuao v. CA, GR 107159. Sep. 26,
And the civil liability that may arise 1994].
therefrom is not intended to be merged
in the criminal. Thus, where an Cultural properties. Old buildings,
individual is civilly liable for a negligent monuments, shrines, documents, and
act or omission, it is not required that objects which may be classified as
the injured party should seek out a third antiques, relics, or artifacts, landmarks,
person criminally liable whose anthropological and historical sites, and
prosecution must be condition specimens of natural history which are
precedent to the enforcement of the of cultural, historical, anthropological or
civil right. [BLTB Bus Co. v. CA, GR L- scientific value and significance to the
33138-39. June 27, 1975]. See also nation; such as physical, and
Quasi-delict. anthropological, archaeological and
ethnographical materials, meteorites
Culpa contractual. The source of and tektites; historical objects and
liability of those who in the performance manuscripts; house and agricultural
of their obligations are guilty of fraud, implements; decorative articles or
negligence, or delay, and those who in personal adornment; works of art such
any manner contravene the tenor as paintings, sculptures, carvings,
thereof. [Claridades, A., Compilation of jewelry, music, architecture, sketches
Notes, 2001-2006]. drawings or illustrations in part or in
whole; works of industrial and
Culpa extra-contractual. See Quasi- commercial art such as furniture,
delict. pottery, ceramics, wrought iron, gold,
bronze, silver, wood or other heraldic
Culpa in eligiendo. Lat. Own negligence items, metals, coins, medals, badges,
in the selection of employees. [Morenos insignias, coat of arms, crests, flags,
Law Dict., 2000 Ed., p. 115]. arms, and armor; vehicles or ships or
boats in part or in whole. [Sec. 3, RA
Culpa in vigilando. Lat. Own negligence 4846].
in the supervision over ones employees.
[Morenos Law Dict., 2000 Ed., p. 115]. Culture. See Cultivate.
Culpa lata. Lat. Gross negligence. It is Cumulative. Constituted by

more than just simple negligence and accumulation; acquiring or increasing in
includes any action or an omission in force by successive additions. [Legasto
reckless disregard of the consequences v. CA, GR 76854-60. Apr. 25, 1989,
to the safety or property of another. citing Oxford Univ. Dict.].
Cumulative constitution. Const. Law. A
Culpa lata dolo aequiparatur. Lat. constitution which is a product of
Gross negligence is equivalent to gradual political development. [Suarez,
intentional wrong. [Balatbat v. CA, GR Pol. Law Reviewer, 1st Ed., 2002, pp. 9].
109410. Aug. 28, 1996].

152
Compare with Conventional Curative statutes are intended to supply

constitution. defects, abridge superfluities in existing
laws, and curb certain evils. They are
Cumulative evidence. Evidence which is intended to enable a person to carry
of the same kind and character as that into effect that which they have
already given and tends to prove the designed and intended, but has failed of
same proposition. [Claridades, A., expected legal consequence by reason
Compilation of Notes, 2001-2006]. of some statutory disability or
Compare with Corroborative irregularity in their own action. They
evidence. make valid that which, before the
enactment of the statute, was invalid.
Cumulative preferred shares. Corp. [Frivaldo v. Comelec, GR 120295. June
Law. Those which entitle the holder to 28, 1996, citing Agpalo, Stat. Con., 2nd
payment not only of current dividends Ed. (1990), 270-271].
but also of back dividends not previously
paid, when and if dividends are Currency. All Philippine notes and coins
declared, to the extent stipulated, issued or circulating in accordance with
before holders of common shares are the provisions of RA 7653. [Sec. 49, RA
paid. [Diaz, Bus. Law Rev., 1991 Ed., p. 7653].
249]. Compare with Non-cumulative
preferred shares. Current operating expenditures
(COE). 1. Appropriations for the
Cumulative sentences. Sentences for purchase of goods and services for
two or more crimes to run current consumption or for benefits
consecutively, rather than concurrently. expected to terminate within the fiscal
[Jurists Legal Dict., 2004]. year. [Sec. 2, Chap. 1, Book VI, EO
292]. 2. Appropriations for the purchase
Cumulative voting. 1. Corp. Law. Voting of goods and services for current
by which a stockholder is entitled to cast consumption within the fiscal year,
such number as the number of shares including the acquisition of furniture and
outstanding entitled to vote in his name equipment of nominal value usually
times the total number of directors to be used in the conduct of normal
elected which shall be equal. [Diaz, Bus. government operations. [Sec. 14, PD
Law Rev., 1991 Ed., p. 258]. 2. Intl. 477].
Law. A system of voting by which a
voter, having a number of votes equal Current school fees. The tuition and
to the offices to be filled, may other school fees collected or charged
concentrate the whole number upon one by private schools, colleges and
candidate, or may distribute them as he universities as approved, indicated and
sees fit. [Intl. Law Dict. & Direct., published in their respective
2004]. prospectuses, bulletins of information,
or catalogues. [Sec. 1, Rule II, PD 451].
Cunnilingus. Legal Med. Sexual
gratification attained by licking the Currit tempus contra decides et sui
female genitalia. [Olarte, Legal Med., 1st juris contemptores. Lat. Time runs
Ed. (2004), p. 115]. Compare with against the slothful and those who
Fellatio. neglect their rights. [Morenos Law Dict.,
2000 Ed., p. 116].
Curative or remedial statutes. They
are remedial by curing defects and Curtain board. A vertical panel of non-
adding to the means of enforcing combustible or fire resistive materials
existing obligations. The rule in regard attached to and extending below the
to curative statutes is that if the thing bottom chord of the roof trusses, to
omitted or failed to be done, and which divide the underside of the roof into
constitutes the defect sought to be separate compartments so that heat and
removed or made harmless, is smoke will be directed upwards to a roof
something the legislature might have vent. [Sec. 3, PD 1185].
dispensed with by a previous statute, it
may do so by a subsequent one.

153
Curtilage of dwelling. A space

necessary and convenient, habitually Customs duties. 1. The name given to
used for family purposes and for taxes on the importation and
carrying on a domestic employment. exportation of commodities, the tariff or
The yard, garden or field which is near tax assessed upon merchandise
to and used in connection with the imported from, or exported to, a foreign
dwelling. [Morenos Law Dict., 2000 Ed., country. [Garcia v. Exec. Sec., GR
p. 116]. 101273. July 3, 1992]. 2. Taxes imposed
on goods exported from or imported
Custodia legis. In the custody of the into a country. [De Leon, Fundamentals
law. [Claridades, A., Compilation of of Taxation, 2000 Ed., p. 21].
Notes, 2001-2006]. Also In custodia
legis. Cutting cycle. The number of years
between major harvests in the same
Custodial investigation. Also In working unit and/or region, within a
custody investigation. Any rotation. [Sec. 3, PD 705].
questioning initiated by law enforcement
officers after a person has been taken
into custody or otherwise deprived of his
freedom of action in any significant way.
[Navallo v. Sandiganbayan, GR 97214.
July 18, 1994].
Custody. 1. It has been held to mean

nothing less than actual imprisonment.
It is also defined as the detainer of a
person by virtue of a lawful authority, or
the care and possession of a thing or
person. [People v. Donato, GR 79269.
June 5, 1991, citing Bouviers Law Dict.,
3rd Ed, Vol. I, pp. 741-742]. 2. The -D-
actual or constructive possession or
control of supplies or property. [IRR on Dacion en pago. Also Adjudication or
Supply & Prop. Mgt., per Sec. 383, Dation in payment. The transmission
LGC]. 3. Detaining of a person by lawful of the ownership of a thing by the
process or authority to assure his debtor to the creditor at an accepted
appearance to any hearing; the jailing equivalent of the performance of an
or imprisonment of a person convicted obligation [8 Manresa 324, cited in 4
of a crime. [Glossary of Legal Terms Tolentino Commentaries & Jurisp. on
(Pro-Se), 2004]. the Civil Code of the Phil., 282 (1973)].
Custom. A rule of conduct formed by DAIF. Drawn against insufficient funds.

repetition of acts, uniformly observed [Claridades, A., Compilation of Notes,
(practiced) as a social rule, legally 2001-2006].
binding and obligatory. [Yao Kee v. Sy-
Gonzales, 167 SCRA 736 (1988)]. Daily time record. The record of the
time an employee reported for the day.
Customary laws. A body of written [Morenos Law Dict., 2000 Ed., p. 118].
and/or unwritten rules, usages, customs
and practices traditionally and Daily wage. A labor contract whereby a
continually recognized, accepted and worker is paid daily for his labor alone.
observed by respective Indigenous [Morenos Law Dict., 2000 Ed., p. 118].
Cultural Communities/Indigenous
Peoples (ICCs/IPs). [Sec. 4, RA 8371]. Damage and obstruction to means of
communication. Crim. Law. The
Customs. A duty imposed on imports or felony committed by any person who
exports. [Garcia v. Exec. Sec., GR shall damage any railway, telegraph or
101273. July 3, 1992, citing Cooley, on telephone lines, whether or not the
Taxation, p. 3]. damage shall result in any derailment of

154
cars, collision or other accident. [Art. of an enrollment, admission,

330, RPC]. membership, or any other fees. [Sec. 1,
PD 426].
Damage. As contradistinguished from
Damages. The loss or harm suffered by Dangerous drugs. 1. Those listed in the
one person or his property. [Ancheta, Schedules annexed to the 1961 Single
The Law on Obligations and Contracts, Convention on Narcotic Drugs, as
Rev. Ed., p. 239]. amended by the 1972 Protocol, and in
the Schedules annexed to the 1971
Damages. 1. The sum of money which Single Convention on Psychotropic
the law awards or imposes as pecuniary Substances as enumerated in RA 9165.
compensation, recompense, or [Sec 3, RA 9165]. 2. The term refers to
satisfaction for an injury done or a either Prohibited drug or Regulated
wrong sustained as a consequence drug. [Sec. 2, RA 6425].
either of a breach of a contractual
obligation or a tortuous act. [Torres, Dangerous drugs, illegal sale of.
Oblig. & Cont., 2000 Ed., p. 315]. 2. A Elements: (a) Identity of the buyer and
cash compensation ordered by a court the seller, the object, and consideration;
to offset losses or suffering caused by and (b) the delivery of the thing sold
another's fault or negligence. Damages and the payment therefor. [People v.
are a typical request made of a court Zervoulakos, GR 103975. Feb. 23,
when persons sue for breach of contract 1995].
or tort. [Duhaime's Legal Dict., 2004]. 3.
Money awarded by a court to a person Dangerous drugs, selling of. Any act
injured by the unlawful actor negligence of giving away any dangerous drug
of another person. [Glossary of Legal and/or controlled precursor and
Terms (Pro-Se), 2004]. Compare with essential chemical whether for money or
Injury. any other consideration. [Sec 3, RA
9165].
Damages. Kinds: Damages may be: (a)
actual or compensatory; (b) moral; (c) Dangerous drugs, trading of.
nominal; (d) temperate or moderate; (e) Transactions involving the illegal
liquidated; or (f) exemplary or trafficking of dangerous drugs and/or
corrective. [Art. 2197, CC]. controlled precursors and essential
chemicals using electronic devices such
Damnum absque injuria. Lat. 1. as, but not limited to, text messages,
Damage without injury. Damage or email, mobile or landlines, two-way
injury inflicted without injustice. Loss or radios, internet, instant messengers and
damage without violation of a legal chat rooms or acting as a broker in any
right. A wrong done to a man for which of such transactions whether for money
the law provides no remedy. [Escano v. or any other consideration in violation of
CA, 100 SCRA 197; Atienza v. Comelec, RA 9165. [Sec 3, RA 9165].
239 SCRA 298]. 2. Damage or loss
which does not constitute a violation of Dangerous drugs, use of. Any act of
a legal right or amount to a legal wrong injecting, intravenously or
is not actionable. [Globe MacKay v. CA, intramuscularly, of consuming, either by
GR 81262. Aug. 25, 1989]. chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise
Damper. A normally open device introducing into the physiological system
installed inside an air duct system which of the body, and of the dangerous
automatically closes to restrict the drugs. [Sec 3, RA 9165].
passage of smoke or fire. [Sec. 3, PD
1185]. Dangerous tendency doctrine. The
doctrine that states that if the words
Dance hall. See Cabaret. uttered create a dangerous tendency
which the state has a right to prevent,
Dancing school. Any establishment then such words are punishable. It is
where ballroom dancing is taught and not necessary that some of the definite
permitted to the public in consideration or immediate acts or force, violence, or

155
unlawfulness be advocated, It is substitution (aliud pro alio); (c) there

sufficient that such acts be advocated in must be an agreement between the
general terms. Nor is it necessary that creditor and debtor that the obligation is
the language used be reasonably immediately extinguished by reason of
calculated to incite persons to acts of the performance of a prestation
force, violence, or unlawfulness. It is different from that due. [3 Castan, Vol.
sufficient if the natural tendency and I, 8th Ed., p. 283, cited in IV Caguioa
probable effect of the utterance be to Comments and Cases in Civil Law, p.
bring about the substantive evil; which 325].
the legislative body seeks to prevent.
[Cabansag v. Fernandez, 102 Phil. 152, Day certain. The day which must
citing Gitlow v. New York 268 U.S. 652]. necessarily come, although it may not
Compare with Clear and present be known when. [Art. 1193, CC].
danger rule and Balancing test.
Day in court. The affording of an
Dao emergente. Sp. The value of the opportunity to be heard. [People v.
loss suffered. [Art. 2000, CC]. See also Retania (95 SCRA 201), citing 11 Words
Lucro cesante. & Phrases Judicially Defined, par. 119
and 120].
Data storage device. A device used to
electronically store counting and Dead freight. Mar. Law. A charge
canvassing results, such as a memory imposed on a charterer when a
pack or diskette. [Sec. 2, RA 8436]. chartered ship has less than a full load.
Date. Nego. Inst. The date of the
instrument or of the acceptance or any Deadlock. Labor. 1. The counteraction of
indorsement thereon which is deemed things producing entire stoppage: a
prima facie to be the true date of the state of inaction or of neutralization
making, drawing, acceptance, or caused by the opposition of persons or
indorsement, as the case may be. [Sec. of factions (as in government or a
11, NIL]. voting body); standstill. [Webster's 3rd
New Intl. Dict., 1986 Ed., p. 580]. 2. A
Dating relationship. A situation wherein complete blocking or stoppage resulting
the parties live as husband and wife from the action of equal and opposed
without the benefit of marriage or are forces; as, the dead-lock of a jury or
romantically involved over time and on a legislature. [Webster's New 20th Century
continuing basis during the course of Dict., 2nd Ed., p. 465]. 3. The word is
the relationship. A casual acquaintance synonymous with the word impasse,
or ordinary socialization between two [Burton's Legal Thesaurus, 1980 Ed., p.
individuals in a business or social 133] which, within the meaning of the
context is not a dating relationship. American federal labor laws,
[Sec. 3, RA 9262]. presupposes reasonable effort at good
faith bargaining which, despite noble
Dation in payment. Also Adjudication intentions, does not conclude in
or Dacion en pago. The conveyance of agreement between the parties. [NLRB
ownership of a thing to the creditor as v. Bancroft, 635 F. 2d 492 (1981)].
an accepted equivalent of performance
of an obligation in money. [Diaz, Bus. Deadlock bar rule. Labor. The rule
Law Rev., 1991 Ed., p. 39]. (which) simply provides that a petition
for certification election can only be
Dation in payment. Requisites for entertained if there is no pending
validity: (a) There must be the bargaining deadlock submitted to
performance of the prestation in lieu of conciliation or arbitration or had become
payment (animo solvendi) which may the subject of a valid notice of strike or
consist in the delivery of a corporeal lockout. The principal purpose is to
thing or a real right or a credit against ensure stability in the relationship of the
the third person; (b) there must be workers and the management.
some difference between the prestation [NACUSIP v. Trajano, GR 67485. Apr.
due and that which is given in 10, 1992].

156
to sell again. [Ah Nam v. City of Manila,

Deadly weapon. Any weapon or 109 Phil. 808].
instrument made and designed for
offensive or defensive purposes, or for Dealer in securities. 1. A merchant of
the destruction of life or the infliction of stocks or securities, whether an
injury; or one which, from the manner individual, partnership or corporation,
used, is calculated or likely to produce with an established place of business,
death or serious bodily harm. [People v. regularly engaged in the purchase of
Alfeche, GR 124213. Aug. 17, 1998, securities and the resale thereof to
citing Black's Law Dict., 5th Ed., 359]. customers; that is, one who, as a
merchant, buys securities and re-sells
Dead man statute. Also Survivorship them to customers with a view to the
disqualification rule. Evid. The rule gains and profits that may be derived
that parties or assignors of parties to a therefrom. [Sec. 22, NIRC, as
case, or persons in whose behalf a case amended]. 2. All persons who for their
is prosecuted, against an executor or own account are engaged in the sale of
administrator or other representative of stock, bonds, exchange, bullion, coined
a deceased person, or against a person money, bank notes, promissory notes,
of unsound mind, upon a claim or or other securities. [Sec. 1, PD 426].
demand against the estate of such
deceased person or against such person Deal in. To have to do, be concerned, or
of unsound mind, cannot testify as to occupied (with or in), to conduct
any matter of fact occurring before the oneself, to behave or act in any affair or
death of such deceased person or toward anyone, to take action.
before such person became of unsound [Morenos Law Dict., 2000 Ed., p. 121].
mind. [Sec. 23, Rule 130, RoC].
Death. 1. The irreversible cessation of
Dead slow ahead. A maritime maneuver circulatory and respiratory functions or
equivalent to three to four miles per the irreversible cessation of all functions
hour. [Morenos Law Dict., 2000 Ed., p. of the entire brain, including the brain
120]. stem. [Sec. 2, RA 7170]. 2. Loss of life
resulting from injury or sickness. [Art.
Deal. To do a distributing or retailing 167, LC].
business or to have intercourse on
business relations. [Asbestos Integrated Death by accidental means. Death
Manufacturing, Inc. v. Peralta, GR L- caused by some act of the deceased not
45515. Oct. 29, 1987, citing Webster's designed by him, and not intentionally
New Collegiate Dict.]. done by him. [Morenos Law Dict., 2000
Ed., p. 122].
Dealer. 1. Any person who buys sells
securities for his own account in the Death caused in a tumultuous affray.
ordinary course of business. [Sec. 3, RA Crim. Law. The felony committed when,
8799]. 2. Any person, whether natural while several persons, not composing
or juridical, who is engaged in the groups organized for the common
marketing and direct selling of purpose of assaulting and attacking
petroleum products to motorists, end each other reciprocally, quarrel and
users, and other consumers. [Sec. 4, RA assault each other in a confused and
8479]. 3. One whose business is to buy tumultuous manner, and in the course
and sell merchandise, goods, and of the affray someone is killed, and it
chattels as a merchant. He stands cannot be ascertained who actually
immediately between the producer or killed the deceased. [Art. 251, RPC].
manufacturer and the consumer and
depends for his profit not upon the labor Death caused in a tumultuous affray.
he bestows upon his commodities but Elements: That: (a) there be several
upon the skill and foresight with which persons; (b) that they did not compose
he watches the market. [Sec. 131, RA groups organized for the common
7160]. 4. He is not one who buys to purpose of assaulting and attacking
keep or makes to sell, but one who buys each other reciprocally; (c) these
several persons quarreled and assaulted

157
one another in a confused and Debt. An obligation to pay money at

tumultuous manner; (d) someone was some fixed future time, or at a time
killed in the course of the affray; (e) it which becomes definite and fixed by
cannot be ascertained who actually acts of either party and which they
killed the deceased; and (f) that the expressly or impliedly, agree to perform
person or persons who inflicted serious in the contract. [Lirag Textile v. SSS, GR
physical injuries or who used violence L-33205. Aug. 31, 1987].
can be identified. [Sison v. People, GR
108280-83. Nov. 16, 1995, citing II Debt bondage. The pledging by the
Reyes, Rev. Penal Code, 436 (1993)]. debtor of his/her personal services or
labor or those of a person under his/her
Death or physical injuries inflicted control as security or payment for a
under exceptional circumstances. debt, when the length and nature of
Crim. Law. The felony committed by any services is not clearly defined or when
legally married person who having the value of the services as reasonably
surprised his spouse in the act of assessed is not applied toward the
committing sexual intercourse with liquidation of the debt. [Sec. 3, RA
another person, shall kill any of them or 9208].
both of them in the act or immediately
thereafter, or shall inflict upon them any Debtor. 1. A person who owes money,
serious physical injury. [Art. 247, RPC]. goods or services to another, the latter
being referred to as the creditor. 2. One
Death penalty. This is the most severe who owes a debt to another. [Glossary
form of corporal punishment as it is of Legal Terms (Pro-Se), 2004].
requires law enforcement officers to kill
the offender. [Claridades, A., Decedent. 1. The general term applied
Compilation of Notes, 2001-2006]. Also to the person whose property is
known as Capital punishment. transmitted through succession,
whether or not he left a will. If he left a
Death Penalty Law. RA 7659 entitled will, he is also called the testator. [Art.
An Act to impose the death penalty on 775, CC]. 2. The deceased person
certain heinous crimes, amending for whose estate is under consideration.
that purpose the revised penal laws, and [Torres, Oblig. & Cont., 2000 Ed., p.
for other purposes enacted on Dec. 13, 349].
1993.
Deceit. The false representation of a
Debenture bonds. Corp. Law. Bonds not matter of fact whether by words or
secured by any specific property but by conduct, by false or misleading
the general credit of the issuing allegations, or by concealment of that
corporation. [Diaz, Bus. Law Rev., 1991 which should have been disclosed which
Ed., p. 269]. deceives or is intended to deceive
another so that he shall act upon it to
Debenture shares. Corp. Law. Those his legal injury. [People v. Castillo, 76
which are more of certificates of Phil. 72 (1946)].
indebtedness not guaranteed by any
property of the issuing corporation. Deceits, other. Crim. Law. The felony
[Diaz, Bus. Law Rev., 1991 Ed., p. 250]. committed by any person who shall
defraud or damage another by any
Debit. A sum charged as due or owing. other deceit not mentioned in Art. 317
An entry made on the asset side of a of the Rev. Penal Code; or by any
ledger or account. [Blacks Law Dict., person who, for profit or gain, shall
Abr. 5th Ed. (1983), p. 210]. Compare interpret dreams, make forecasts, tell
with Credit. fortunes, or take advantage of the
credulity of the public in any other
Debitum pro debito. Lat. New debt for similar manner. [Art. 318, RPC].
old debt. Basically, extinguishing the old
obligation for the new one. [Reyes v. Decentralization. Pol. Law. Devolution
CA, GR 120817. Nov. 4, 1996]. of national administration but not
power to the local levels. [Ganzon v.

158
CA, GR 93252. Aug. 5, 1991]. Compare undertake to pursue in the future a

with Devolution. certain line of conduct; (b) A unilateral
statement which may create rights and
Decentralization of administration. duties for other States; and (c) a
Pol. Law. The delegation by the central description of an action taken when a
government of administrative powers to State communicates with other States,
political subdivisions in order to broaden or an explanation and justification of a
the base of government power and in line of conduct pursued by them in the
the process to make local governments past, or an explanation of views and
more responsive and accountable and intentions concerning certain matters.
ensure their fullest development as self- [Coquia and Santiago, Intl. Law, 3rd Ed.
reliant communities and make them (1998), p. 492].
more effective partners in the pursuit of
national development and social Declaration against interest. Evid. 1.
progress. [Limbona v. Mangelin, GR The declaration made by a person
80391. Feb. 28, 1989, citing Art. XI, deceased, or outside of the Philippines,
Sec. 1 and Art X, sec. 3, 1987 Const., or unable to testify, against the interest
and Sec. 2, BP 337]. of the declarant, if the fact asserted in
the declaration was at the time it was
Decentralization of power. Pol. Law. made so far contrary to the declarant's
An abdication of political power in favor own interest, pecuniary or moral, that a
of local governments units declared to reasonable man in his position would
be autonomous. In that case, the not have made the declaration unless he
autonomous government is free to chart believed it to be true, which may be
its own destiny and shape its future with received in evidence against himself or
minimum intervention from central his successors-in-interest and against
authorities. According to a constitutional third persons. [Sec. 38, Rule 130, RoC].
author, decentralization of power 2. A declaration against the interest of
amounts to self-immolation, since in the person making it which is admissible
that event, the autonomous government in evidence, notwithstanding its hearsay
be-comes accountable not to the central character, if the declaration is relevant
authorities but to its constituency. and the declarant has died, become
[Limbona v. Mangelin, GR 80391. Feb. insane, or for some other reason is not
28, 1989, citing Bernas, "Brewing storm available as a witness. The true test in
over autonomy," The Manila Chronicle, reference to the reliability of the
pp, 4-5]. declaration is not whether it was made
ante litem motam, as is the case with
Decibel. A measure of the intensity or reference to some classes of hearsay
level of sound. [Morenos Law Dict., evidence, but whether the declaration
2000 Ed., p. 123]. was uttered under circumstances
justifying the conclusion that there was
Decision. 1. The whole or any part of the no probable motive to falsify.
final disposition, not of an interlocutory [Fitzsimmons v. Atlantic, Gulf & Pacific
character, whether affirmative, Co., GR L-2016. Aug. 23, 1949, citing 20
negative, or injunctive in form, of an Am. Jur., Evid., Sec. 556, pp. 467-468].
agency in any matter, including Compare with Self-serving
licensing, rate fixing and granting of declarations.
rights and privileges. [Sec. 2, Chap. 1,
Book VII, EO 292]. 2. The opinion of the Declaration against interest. Evid.
court in concluding a case at law. Requisites for admissibility: (a) the
[Glossary of Legal Terms (Pro-Se), declarant must not be available to
2004]. 3. The determination of the court testify; (b) the declaration must concern
which disposes of the case after hearing a fact cognizable by the declarant; and
the parties. [Torres, Oblig. & Cont., (c) the circumstances must render it
2000 Ed., p. 349]. improbable that a motive to falsify
existed. [GR 111692. Feb. 9, 1996].
Declaration. Intl. Law. (a) The title of a
body of stipulations of a treaty, Declaration of presumptive death.
according to which the parties Requisites: 1. That the absent spouse

159
has been missing for four consecutive 16, 1978]. 2. Preventive and
years, or two consecutive years if the anticipatory remedy whereby a person
disappearance occurred where there is asks the court to declare his rights or
danger of death under the duties under a contract or law. There is
circumstances laid down in Art. 391, no breach of contract or violation of law
Civil Code; 2. That the pre-sent spouse but there is a genuine controversy
wishes to remarry; 3. That the present thereunder. What makes this special
spouse has a well-founded belief that civil action distinct is that the court only
the absentee is dead; and 4. That the makes a declaration about the rights or
present spouse files a summary duties of the parties, but no executory
proceeding for the declaration of process follows. [Claridades, A.,
presumptive death of the absentee. Compilation of Notes, 2001-2006].
[Rep. v. Nolasco, GR 94053. Mar. 17,
1993]. Declaratory relief. Rem. Law.
Requisites: (a) the existence of a
Declaration of trust. An act by which a justiciable controversy; (b) the
person acknowledges that the property, controversy is between persons whose
title to which he holds, is held by him interests are adverse; (c) that the party
for the use of another [De Leon v. Molo- seeking the relief has a legal interest in
Peckson, GR L-17809. Dec. 29, 1962, the controversy; and (d) that the issue
citing Griffith v. Maxfield, 51 S.W. 832, invoked is ripe for judicial
66 Ark. 513, 521]. determination. [Intl. Hardwood v. UP,
200 SCRA 554, 569 (1991); Galarosa v.
Declaratory act. An act declaratory of Valencia, 227 SCRA 728, 737 (1993)].
what the law was before its passage, so
as to give it any binding weight with the Declared absence. The judicial
courts. A legislative definition of a word declaration of absence of a person after
as used in a statute is not conclusive of the lapse of two years without any news
its meaning as used elsewhere; about the absentee or since the receipt
otherwise, the legislature would be of the last news, and five years in case
usurping a judicial function in defining a the absentee has left a person in charge
term. [Endencia v. David, GR L-6355-56. of the administration of his property.
Aug. 31, 1953, citing 11 Am. Jur., 914]. [Art. 384, CC]. Compare with
Provisional absence.
Declaratory doctrine. Intl. Law.
Doctrine that holds that the legal Decline. To take a downward direction.
existence of a state or government [Tatad v. Sec. of Energy, GR 124360.
happens automatically by operation of Nov. 5, 1997, citing Webster, New 3rd
law. [Intl. Law Dict. & Direct., 2004]. Intl. Dict., 1993 Ed., p. 586].
Declaratory judgment. Rem. Law. A Decompensated state. The condition

statutory remedy for judicial resulting from the failure of the heart to
determination of a controversy where circulate the blood adequately. The
plaintiff is in doubt about his legal failure may be due to heart disease,
rights. [Glossary of Legal Terms (Pro- obstruction in the blood vessels, etc.
Se), 2004]. The condition is marked by edema
(swelling), shortness of breath
Declaratory relief. Rem. Law. 1. An (dyspnea), discoloration of the skin, etc.
action which any person interested [Marte v. ECC, GR L-46362. Mar. 31,
under a deed, will, contract, or other 1980, citing Schmidt's Atty.s Dict. of
written instrument, or whose rights are Med., p. 215].
affected by a statute, executive order or
regulation, or ordinance, may, before Decree. 1. A formal declaration of a court
breach or violation thereof, bring to or other competent authority and is
determine any question of construction usually in written form. [Torres, Oblig. &
or validity arising under the instrument Cont., 2000 Ed., p. 349]. 2. An order of
or statute and for a declaration of their the court. A final decree is one that fully
rights or duties thereunder. [Mirando v. and finally disposes of the litigation.
Wellington Ty & Bros., GR L-44062. Feb.

160
[Glossary of Legal Terms (Pro-Se), Deep-sea fishing. Commercial fishing in

2004]. sea and inland waters using any
tonnage of fishing vessels of our three
Decree of Registration. A decree issued tones gross capacity, licensed by the
and entered by the (Land Registration Bureau of Fisheries. [Sec. 2, RA 4095].
Authority), pursuant to an order of the
court after the decision rendered by it in Deface. To destroy, to efface or erase.
a registration case has become final. [Morenos Law Dict., 2000 Ed., p. 124].
2001-2006]. It is properly called a Defacing or tampering with a serial
Judicial decree. number. The erasing, scratching,
altering or changing of the original
Deductible clause. A clause in an factory-inscribed serial number on the
insurance policy providing that the motor vehicle engine, engine block or
insured will absorb the first part of the chassis of any motor vehicle. Whenever
loss (e.g., first P500) with the insurer any motor vehicle is found to have a
paying the excess. [Morenos Law Dict., serial number on its motor engine,
2000 Ed., p. 124]. engine block or chassis which is
different from that which is listed in the
Deed. 1. A document which transfers records of the Bureau of Customs for
ownership of real property. [Torres, motor vehicles imported into the
Oblig. & Cont., 2000 Ed., p. 349]. 2. A Philippines, that motor vehicle shall be
written and signed document which sets considered to have a defaced or
out the things that have to be done or tampered with serial number. [Sec. 2,
recognitions of the parties towards a RA 6539].
certain object. [Duhaime's Legal Dict.,
2004]. De facto. Lat. As a matter of fact.
Something which, while not necessarily
Deed of warranty. Also Warranty lawful or legally sanctified, exists in fact.
deed. A deed which guarantees that A common law spouse may be referred
the title conveyed is good and its to a de facto wife or de facto husband:
transfer rightful. [Glossary of Legal although not legally married, they live
Terms (Pro-Se), 2004]. and carry on their lives as if married. A
de facto government is one which has
Deem. To accept a document or an event seized power by force or in any other
as conclusive of a certain status in the unconstitutional method and governs in
absence of evidence or facts which spite of the existence of a de jure
would normally be required to prove government. [Duhaime's Legal Dict.,
that status. For example, in matters of 2004].
child support, a decision of a foreign
court could be deemed to be a decision De facto corporation. A corporation
of the court of another for the purpose claiming in good faith to be a
of enforcement. [Duhaime's Legal Dict., corporation under the Corporation Code.
2004]. Its due incorporation and its right to
exercise corporate powers shall not be
Deemed paid tax credit. A tax credit inquired into collaterally in any private
granted to a foreign mother corporation suit to which such corporation may be a
for the amount of dividend tax actually party. Such inquiry may be made by the
paid (i.e., withheld) from the dividend Solicitor General in a quo warranto
remittances by the local corporation to proceeding. [Sec. 20, Corp. Code].
its mother corporation. [Morenos Law Compare with De jure corporation.
Dict., 2000 Ed., p. 124].
De facto dissolution. Corp. Law. One
Deep seabed. The seabed and ocean which takes place in substance and in
floor and its subsoil beyond the limits of fact when the corporation by reason of
national jurisdiction (also called the insolvency, cessation of business or
area). [Intl. Law Dict. & Direct., 2004]. otherwise, suspends all operation and it
goes into liquidation still retaining its

161
primary franchise to be a corporation. That which tends to injure a person's

[Morenos Law Dict., 2000 Ed., p. 120]. reputation. [Jurists Legal Dict., 2004].
See Libel and Slander.
De facto government. Pol. Law. 1. That
government that gets possession and Default. 1. Civ. Law. The non-
control of, or usurps, by force or by the performance of a duty, whether arising
voice of the majority, the rightful legal under a contract or otherwise. [Torres,
government and maintains itself against Oblig. & Cont., 2000 Ed., p. 349]. 2.
the will of the latter; or, that which is Rem. Law. Failure of the defendant to
established and maintained by military appear and answer the summons and
forces who invade and occupy a complaint. [Glossary of Legal Terms
territory of the enemy in the course of (Pro-Se), 2004].
war, and which is denominated a
government of paramount force (more Default. Civ. Law. Requisites: (a) that
aptly denominated as Government of the obligation be demandable and
paramount force). [Co Chan v. Tan already liquidated; (b) that the debtor
Keh, 75 Phil. 113. Sep. 17, 1945]. 2. (a) delays performance; and (c) that the
An unrecognized government; especially creditor requires the performance
one that has not been formally judicially and extrajudicially. [SSS v.
recognized. (b) An effective Moonwalk Devt. & Housing Corp., GR
government; one that is in factual 73345. Apr. 7, 1993].
control of a territory and people. (c) A
government that maintains itself, at Default. Rem. Law. Remedies available
least temporarily, by the use of force to a defaulted party. Under the Rules of
against the will of a de jure government. Court, there are several remedies
[Intl. Law Dict. & Direct., 2004]. available to a defaulted party, namely:
Compare with De jure government. (a) A party declared in default may, at
anytime after notice thereof and before
De facto officer. Admin. Law. An officer judgment, file a motion under oath to
who derives his appointment from one set aside the order of default upon
having colorable authority to appoint, if proper showing that his failure to
the office is an appointive office, and answer was due to fraud, accident,
whose appointment is valid on its face. mistake or excusable negligence, and
One who is in possession of an office, that he has a meritorious defense [Sec.
and is discharging its duties under color 3 (b), Rule 9]; (b) If the judgment has
of authority, by which is meant authority already been rendered when the
derived from an appointment, however defendant discovered the default, but
irregular or informal, so that the before the same has become final and
incumbent be not a mere volunteer. executory, he may file a motion for new
[Dimaandal v. COA, GR 122197. June trial under Sec. 1 (a) of Rule 37; (c) If
26, 1998, citing Phil. Law Dict., p. 162]. the defendant discovered the default
after the judgment has become final
De facto separation. A separation of and executory, he may file a petition for
the spouses without any agreement. relief under Sec. 2, Rule 38; and (d) He
[Morenos Law Dict., 2000 Ed., p. 120]. may also appeal provided the decision is
not yet final, from the judgment
Defalcation. 1. Defaulting on a debt or rendered against him as contrary to the
other obligation such to account for evidence or to the law, even if no
public or trust funds. Usually used in the motion to set aside the order of default
context of public officials. 2. Defalcation had been presented by him. [Tiburcio v.
has another legal meaning referring to Castro GR L-58997, May 28, 1988, as
the setting-off of two debts owed modified by the 1997 Rules of Civil
between two people by the agreement Proc.].
to a new amount representing the
balance. [Duhaime's Legal Dict., 2004]. Default declaration. If the defending
party fails to answer with-in the time
Defamation. 1. An attack on the good allowed therefor, the court shall, upon
reputation of a person, by slander or motion of the claiming party with notice
libel. [Duhaime's Legal Dict., 2004]. 2. to the defending party, and proof of

162
such failure, declare the defending party or the 3rd (4th, etc.) party defendant.
in default. Thereupon, the court shall [Sec. 1, Rule 3, RoC]. 2. The person,
proceed to render judgment granting company or organization who defends a
the claimant such relief as his pleading legal action taken by a plaintiff and
may warrant, unless the court in its against whom the court has been asked
discretion requires the claimant to to order damages or specific corrective
submit evidence. [Sec. 3, Rule 9, RoC]. action redress some type of unlawful or
improper action alleged by the plaintiff.
Default judgment. A judgment entered [Duhaime's Legal Dict., 2004]. 3. The
against a party who fails to appear in person defending or denying a suit.
court or respond to the charges. [Glossary of Legal Terms (Pro-Se),
[Glossary of Legal Terms (Pro-Se), 2004].
2004].
Defense. That which is offered and
Default or delinquency charge. With alleged by the party proceeded against
respect to a consumer credit in an action or suit, as a reason in law
transaction, the penalty charge payable or fact why the plaintiff should not
by the consumer-debtor for failure to recover or establish what he seeks. That
pay an amount or installment in full on which is put forward to diminish
the date the same becomes due and plaintiffs cause of actio or defeat
demandable, or on or before the period recovery. Evidence offered by accused
specified for the purpose in the to defeat criminal charge. [Blacks Law
consumer credit sale documents. [Art. 4, Dict., Abr. 5th Ed. (1983), p. 218].
RA 7394].
Defense of property. Affirmative
Default order, effect of. 1. A party in defense in criminal law or tort law
default shall be entitled to notice of where force was used to protect one's
subsequent proceedings, but not to take property. [Jurists Legal Dict., 2004].
part in the trial. [Sec. 3(a), Rule 9,
RoC]. 2. A defendant who has been Defense of relatives. Elements: (a)
declared in default loses his standing in Unlawful aggression; (b) reasonable
court as party litigant. Before the order necessity of the means employed to
of default is vacated, said defendant has prevent or repel it; and (c) the person
no right to expect that his pleadings defending the relative had no part in
would be acted upon by the court. [Tan provoking the assailant, should due
v. Dimayuga, GR L-15241. July 31, provocation have been given by the
1962]. person attacked. [People v. Agapinay,
GR 77776. June 27, 1990].
Defeasance. A side-contract which
contains a condition which, if realized, Defense of stranger. Elements: (a)
could defeat the main contract. The unlawful aggression; (b) reasonable
common English usage of the word necessity of the means employed to
Defeasance has also become acceptable prevent or repel it; and (c) the person
in law, referring to a contract that is defending be not induced by revenge,
susceptible to being declared void as in resentment, or other evil motive.
immoral contracts are susceptible to [Masipequia v. CA, GR L-51206. Aug.
defeasance." [Duhaime's Legal Dict., 25, 1989].
2004].
Defensive wound. Hand wound
Defective bid. A bid which complies with produced by defensive grappling to
the advertised descriptions and avoid more serious wounds, such as one
specifications but not with the terms who would normally use his hands in
and conditions in the invitation to bid. parrying off the thrust or stabbing blow
[IRR on Supply & Prop. Mgt., per Sec. of an assailant. [Morenos Law Dict.,
383, LGC]. 2000 Ed., p. 125].
Defendant. 1. The term may refer to the Deferred shares. Corp. Law. Those
original defending party, the defendant which are entitled to dividends after
in a counterclaim, the cross-defendant,

163
payment of holders of common shares. inflation. [Diaz, Bus. Law Rev., 1991
[Diaz, Bus. Law Rev., 1991 Ed., p. 250]. Ed., p. 41].
Deficiency. (a) The amount by which the Deflation of currency. See

tax imposed by this Chapter II of RA Extraordinary inflation.
84824 exceeds the amount shown as
the tax by the donor upon his return; Defloration. Legal Med. The laceration
but the amount so shown on the return or rupture of the hymen as a result of
shall first be increased by the amount sexual intercourse. [Olarte, Legal Med.,
previously assessed (or collected 1st Ed. (2004), p. 124].
without assessment) as a deficiency,
and decreased by the amounts Deforciant. 1. A party who fails and
previously abated, refunded or refuses to turn over what in law belongs
otherwise repaid in respect of such tax, to another. [Morenos Law Dict., 2000
or (b) if no amount is shown as the tax Ed., p. 125]. 2. A tenant withholding the
by the donor, then the amount by which property unlawfully "after the expiration
the tax exceeds the amounts previously or termination of the right to hold
assessed (or collected without possession by virtue of any contract,
assessment) as a deficiency, but such express or implied. [Co Tiamco v. Diaz,
amount previously assessed, or GR L-7. January 22, 1946].
collected without assessment, shall first
be decreased by the amount previously Deformity or disfigurement. Visible
abated, refunded or otherwise repaid in ugliness, permanent and visible physical
respect of such tax. [Sec. 104, NIRC, as abnormality. [People v. Balubar, GR
amended]. 40940. Oct. 9, 1934, citing 5 Viada,
Codigo Penal Comentado, 144].
Deficiency judgment. A judgment for
the balance of the indebtedness after Defunct. A corporation no longer
applying the proceeds of the sale of the operative; having ceased to exist.
mortgaged property to such [Glossary of Legal Terms (Pro-Se),
indebtedness and is necessarily filed 2004].
after the fore-closure proceedings.
[Caltex Phils. v. IAC, GR 74730. Aug. 25, Degree programs. College and
1989]. university courses leading to at least a
Bachelor's degree. [Sec. 1, PD 932]
Deficient. Incomplete; defective; not Compare with Non-degree programs.
sufficient in quantity or force. [Glossary
of Legal Terms (Pro-Se), 2004]. Dehors. Fr. Outside. In the context of
legal proceedings, it refers to that which
Definitive judgment. 1. A judgment no is irrelevant or outside the scope of the
longer subject to change, revision, debate. [Duhaime's Legal Dict., 2004].
amendment, or reversal [Miranda v. CA,
71 SCRA 295 (1976)], and the court De jure. Lat. Of the law. Total adherence
loses jurisdiction over it, except to order of the law. For example, a de jure
its execution. [PY Eng Chong v. Herrera, government is one which has been
70 SCRA 130 (1976)]. 2. A decision created in respect of constitutional law
(which) must purport to decide finally and is in all ways legitimate even
the rights of the parties upon the issue though a de facto government may be
submitted, by specifically denying or in control. [Duhaime's Legal Dict.,
granting the remedy sought by the 2004].
action. [Cu Unjieng E. Hijos v. The
Mabalacat Sugar Co., 70 Phil. 39 (1940), De jure corporation. A corporation
citing 33 CJ, 1102]. exiting in fact and in law. [De Leon,
Corp. Code of the Phil. Annotated, 1989
Deflation. The reduction in volume and Ed., p. 39]. Compare with De facto
circulation of the available money or corporation.
credit, resulting in a de-cline of the
general price level. It is the opposite of De jure government. 1. A recognized
government. [Claridades, A.,

164
Compilation of Notes, 2001-2006]. 2. A equivalent and thirty-six (36) hours, for

government established according to crimes, or offenses punishable by
the constitution of the state and lawfully afflictive or capital penalties, or their
entitled to recognition. [Intl. Law Dict. & equivalent. [Art. 125, RPC].
Direct., 2004]. Compare with De facto
government. Delectus personae. Lat. Choice of the
person. [Blacks Law Dict., Abr. 5th Ed.
Delay. Also Mora. The failure to perform (1983), p. 221].
an obligation on the date specified after
a judicial or extra-judicial demand which Delectus personae doctrine. The
failure amounts to a violation of the doctrine that allows the partners to have
obligation. [Diaz, Bus. Law Rev., 1991 the power, although not necessarily the
Ed., p. 6]. right, to dissolve the partnership.
[Ortega v. CA, GR 109248. July 3,
Delay. To prolong the time of or before; 1995].
to stop, detain or hinder for a time, or
cause someone or something to be Delectus personarum principle. Under
behind in schedule or usual rate of this principle, it is required that for a
movement in progress. [Lufthansa partner to associate another with him in
German Airlines v. CA, GR 83612. Nov. his share in the partnership, the consent
24, 1994, citing Webster's 3rd New Intl. of all the partners is necessary. This is
Dict., p. 595]. because of the mutual trust among the
partners and that this is the case of
Delay. Kinds: (a) mora solvendi or the subjective novation when there is a
delay on the part of the debtor to fulfill change in the parties to a contract.
his obligation (to give or to do); mora Their consent thereto is necessary in
accipiendi or the delay on the part of order to bind them. [Albano, Civil Law
the creditor to accept the performance Reviewer, Rev. Ed., p. 412, citing Art.
of the obligation; and (c) compensatio 1804, CC].
morae or delay committed by both
parties in reciprocal obligations. [Diaz, Delegacion. 1. A form of novation
Bus. Law Rev., 1991 Ed., p. 6]. whereby the debtor offers and the
creditor accepts a third person who
Delaying release. Crim. Law. The felony consents to the substitution and
committed by any public officer or assumes the obligation, so that the
employee who delays for the period of intervention and the consent of these
time specified in Art. 124 of the Rev. three persons are necessary. [De Cortes
Penal Code the performance of any v. Venturanza, GR L-26058. Oct. 28,
judicial or executive order for the 1977, citing 8 Manresa 436-437, cited in
release of a prisoner or detention IV Civil Code of the Phil. by Tolentino,
prisoner, or unduly delays the service of 1962 Ed., p. 360]. 2. A kind of novation
the notice of such order to said prisoner by which the original debtor, in order to
or the proceedings upon any petition for be liberated from his creditor, gives him
the liberation of such person. [Art. 126, a third person who becomes obliged in
RPC]. his stead to the creditor. [Torres, Oblig.
& Cont., 2000 Ed., p. 349]. Compare
Delay in the delivery of detained with Expromision.
persons to the proper judicial
authorities. Crim. Law. The felony Delegated jurisdiction. Jurisdiction
committed by a public officer or given to a person, as distinguished from
employee who shall detain any person ordinary jurisdiction which is attached
for some legal ground and shall fail to by law to an office. [Roman Catholic
deliver such person to the proper Apostolic Administrator of Davao, Inc. v.
judicial authorities within the period of; Land Regist. Comm., GR L-8451. Dec.
twelve (12) hours, for crimes or 20, 1957]. Compare with Ordinary
offenses punishable by light penalties, jurisdiction.
or their equivalent; eighteen (18) hours,
for crimes or offenses punishable by Delegation of legislative power. The
correctional penalties, or their statutory grant of rule-making power to

165
administrative agencies (which is) a [People v. Mision, GR 63480. Feb. 26,

valid exception to the rule on non- 1991]. See Compound crime.
delegation of legislative power provided
two conditions concur, namely: a) the Delito continuado. Sp. Continued or
statute is complete in itself, setting forth continuous crime. In appearance, a
the policy to be executed by the agency, delito continuado consists of several
and b) said statute fixes a standard to crimes but in reality there is only one
which the latter must conform. [Cebu crime in the mind of the perpetrator.
Inst. Of Tech. V. Ople, GR L-58870. [Defensor-Santiago v. Garchitorena, GR
Dec. 18, 1987]. 109266. Dec. 2, 1993, citing Guevarra,
Commentaries on the Rev. Penal Code,
Delegatus non potest delegare. Also 1957 Ed., p. 102].
Delegati potestas non potest
delegare. Lat. A delegated power may Delito continuado. Sp. Requisites:
not be further delegated. 1. One of the There should be a (a) plurality of acts
pivotal principles of administrative law: performed during a period of time; (b)
that a delegate cannot delegate. In unity of penal provision violated; and (c)
other words, a person to whom an unity of criminal intent or purpose,
authority or decision-making power has which means that two or more violations
been delegated to from a higher source, of the same penal provisions are united
cannot, in turn, delegate again to in one and the same intent or resolution
another, unless the original delegation leading to the perpetration of the same
explicitly authorized it. [Duhaime's Legal criminal purpose or aim. [Defensor-
Dict., 2004]. 2. The person to whom an Santiago v. Garchitorena, GR 109266.
office or duty is delegated cannot Dec. 2, 1993, citing II Derecho Penal, p.
lawfully devolve the duty on another. 520; I Aquino, Rev. Penal Code, 630,
[City Lumber v. Domingo, GR L-18611. 1987 Ed.].
Jan. 30, 1964].
Delito de habito. Sp. Habitual
Delict. From Lat. delictum: a fault. Any delinquency. [People v. Blanco, GR L-
private wrong or injury, or a minor 2700. Jan. 13, 1950].
public wrong or injury. [Intl. Law Dict. &
Direct., 2004]. Deliver (a dangerous drug). 1. Any act
of knowingly passing a dangerous drug
Delinquency. 1. Failure or omission of to another, personally or otherwise, and
duty, a fault, a misdeed, an offense, a by any means, with or without
misdemeanor, a crime. [Padilla v. City of consideration. [Sec 3, RA 9165]. 2. A
Pasay, GR L-24039. June 29, 1968]. 2. person's act of knowingly passing a
The commission of an illegal act by a dangerous drug to another, personally
juvenile. [Jurists Legal Dict., 2004]. or otherwise, and by any means, with or
without consideration. [Sec. 2, RA
Delinquency charge. See Default 6425].
charge.
Delivered price. See Cash price.
Delito complejo. Sp. A crime arising
from an offense being a necessary Delivery. Also Tradition. 1. Voluntary
means for committing another, which is transfer of possession from one person
referred to in the second clause of Art. to another. [Sec. 58, Act 2137]. 2.
48, Rev. Penal Code. [Ponce-Enrile v. Transfer of possession, actual or
Salazar, GR 92163. June 5, 1990]. Sp. constructive, from one person to
See Complex crime proper. another. [Sec. 191, NIL]. 3. The act by
which the res or subject is placed in the
Delito compuesto. Sp. The complex actual or constructive possession or
crime defined under the first clause of control of another. [Onapal Phils. v. CA,
Art. 48. of the Rev. Penal Code. It arises GR 90707. Feb. 1, 1993].
from a single physical act resulting in
simultaneous (or almost simultaneous) Delivery now, pay later. An
injury to two (2) or more victims. arrangement between buyer and seller

166
which is in essence sales on account. mode of extinguishing obligations.

[Morenos Law Dict., 2000 Ed., p. 127]. [Morenos Law Dict., 2000 Ed., p. 127].
Delivery of personal property. See Demand deposits. All those liabilities of

Replevin. the Bangko Sentral and of other banks
which are denominated in Philippine
Delivery of prisoners from jails. Crim. currency and are subject to payment in
Law. The felony committed by any legal tender upon demand by the
person who shall remove from any jail presentation of checks. [Sec. 58, RA
or penal establishment any person 7653].
confined therein or shall help the escape
of such person, by means of violence, Demand draft. A bill of exchange
intimidation, or bribery. [Art. 156, RPC]. payable on demand. [Rep. v. PNB, GR L-
16106. Dec. 30, 1961, citing Arnd v.
Del tiempo de su condena. Sp. From Aylesworth, 145 Iowa 185].
the period of his sentence. [Baking v.
Dir. of Prisons, GR L-30364. July 28, Demand letter. A letter from a lawyer,
1969]. on behalf of a client, that demands
payment or some other action, which is
Delusions. Legal Med. 1. False ideas that in default. Demand letters are not
cannot be corrected by reasoning, and always prerequisites for a legal suit but
that are idiosyncratic for the patient - there are exceptions such as legal action
that is, not part of his cultural on promissory notes or if the contract
environment. They are among the requires it. Basically, a demand letter
common symptoms of schizophrenia. sets out why the payment or action is
[People v. Rafanan, GR 54135. Nov. 21, claimed, how it should be carried out
1991]. 2. A false or erroneous belief in (e.g., payment in full), directions for the
something which is not a fact. [Olarte, reply and a deadline for the reply.
Legal Med., 1st Ed. (2004), p. 148]. Demand letters are often used in
business contexts because they are a
Delusion test. Legal Med. The test under courtesy attempt to maintain some
which an insane person believes in a goodwill between business parties and
state of things, the existence of which they often prompt payment, avoiding
no rational person would believe. expensive litigation. A demand letter
[People v. Dungo, GR 89420. July 31, often contains the threat that if it is not
1991]. Compare with Irresistible adhered to, the next communication
impulse test and Right and wrong between the parties will be through a
test. court of law in the form of formal legal
action. [Duhaime's Legal Dict., 2004].
Demand. 1. The assertion of a legal
right; a legal obligation asserted in Demarcated areas. Fisheries Law.
court. An imperative request preferred Boundaries defined by markers and
by one person to another, under a claim assigned exclusively to specific
of right, requiring the latter to do or individuals or organizations for certain
yield something or to abstain from some specified and limited uses such as
act. 2. To request payment of a debt or aquaculture, sea ranching and sea
amount due. [Blacks Law Dict., Abr. 5th farming; fish aggregating devices; fixed
Ed. (1983), pp. 223-224]. 3. In the and passive fishing gears; and fry and
rescission of a sale of immovable fingerlings gathering. [Sec. 4, RA 8550].
property, (the term) refers to an
authentic notice that the vendor takes Demarche. Intl. Law . A word coined by
the option of resolving the contract, or if the diplomatic community and referring
it pleases him, to harmonize their spirit to a strongly worded warning by one
with the letter of the Civil Code, to a country to another and often, either
demand that the vendor makes upon explicitly or implicitly, with the threat of
the vendee for the latter to agree to the military consequence. Demarches are
resolution of the obligation and to often precursors to hostilities or war. In
create no obstacle to this contractual Sep. 1996, for example, US President
Clinton issued a demarche to Iraqi

167
President Saddam Hussein when charterer gets the "bare boat", i.e.,
intelligence reports showed troops without a crew. [Litonjua Shipping Inc.
massing along the border of Kurd v. NSB, GR 51910. Aug. 10, 1989, citing
communities. [LawInfo Legal Dictionary Scrutton on Charter Parties, Sec. 4, p.
(2005)]. 45 (18th Ed., 1974)].
Demeanor. As respects a witness or Demise of real property. Lease of an

other person, relates to physical unfurnished house. [Litonjua Shipping
appearance; outward bearing or Inc. v. NSB, GR 51910. Aug. 10, 1989].
behavior. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 224]. Democracy. That form of government in
which the sovereign power resides in
Dementia. Legal Med. A form of insanity and is exercised by the whole body of
resulting from degeneration or disorder free citizens directly or indirectly
of the brain characterized by general through a system of representation, as
mental weakness, forgetfulness, loss of distinguished from monarchy,
coherence and total inability to reason aristocracy, or oligarchy. [Blacks Law
but not accompanied by delusion or Dict., Abr. 5th Ed. (1983), p. 224].
uncontrollable impulse. [Olarte, Legal
Med., 1st Ed. (2004), p. 147]. Democratic form of government. Pol.
Law. A form of government which
Dementia senilis. Legal Med. The requires that political rights be enjoyed
phrase signifies only a general by the citizens regardless of social or
weakening of a mind previously normal. economic distinctions. [Maquera v.
[Claridades, A., Compilation of Notes, Borra, GR L-24761. Sep. 7, 1965,
2001-2006]. Bengzon, Concurring Op.].
De minimis non curat lex. Lat. The law Demolish. To raze, level, ruin, wreck,
takes no account of trifles. A common destroy, wipe out. [Morenos Law Dict.,
law principle whereby judges will not sit 2000 Ed., p. 128].
in judgment of extremely minor
transgressions of the law. [Matute v. Demotion. The movement from one
Cheong Boo, GR L-11109. Jan. 7, 1918]. position to another involving the
issuance of an appointment with
Demise. A conveyance of an estate to diminution in duties, responsibilities,
another for life, for years, or at will. A status or rank which may or may not
lease or conveyance for a term of years. involve reduction in salary. [Sec. 11,
[Blacks Law Dict., Abr. 5th Ed. (1983), Rule VII of the Omnibus Rules
p. 224]. Implementing Book V of EO 292].
Demise charter. Also Bareboat. Mar. Demurrage. 1. In its strict sense, it is

Law. 1. A charter involving the transfer the compensation provided for in the
of full possession and control of the contract of affreightment for the
vessel for the period covered by the detention of the vessel beyond the time
contract, the charterer obtaining the agreed on for loading and unloading.
right to use the vessel and carry Essentially, demurrage is the claim for
whatever cargo it chooses, while damages for failure to accept delivery.
manning and supplying the ship as well. In a broad sense, every improper
[Maritime Agencies & Services, Inc. v. detention of a vessel may be considered
CA, GR 77638. July 12, 1990]. 2. In a demurrage. [Magellan Mfg. v. CA, GR
modern maritime law and usage, a 99529, Aug. 22, 1991, 201 SCRA 102].
charter party where the shipowner turns 2. A charge made by a ship owner when
over possession of his vessel to the a charterer keeps a ship idle for more
charterer, who then undertakes to than the agreed-upon lay days. [Intl.
provide a crew and victuals and supplies Law Dict. & Direct., 2004].
and fuel for her during the term of the
charter. The shipowner is not normally Demurrer. Rem. Law. 1. An allegation
required by the terms of a demise that, admitting the facts of the
charter to provide a crew, and so the preceding pleading to be true, as stated

168
by the party making it, he has yet compensation, or any form of reward,
shown no cause why the party paid to him or through another, or even
demurring should be compelled by the without such compensation or reward,
court to proceed further. [Liquete v. perform any operation or part of an
Dario, GR 1341. Nov. 8, 1905]. 2. A operation, upon the human mouth,
motion put to a trial judge after the jaws, teeth, and surrounding tissues;
plaintiff has completed his case, in prescribe drugs or medicines for the
which the defendant, while not treatment of oral diseases and lesions;
objecting to the facts presented, and or correct malpositions of the teeth:
rather than responding by a full Provided, however, That this provision
defense, asks the court to reject the shall not apply to artisans or technicians
petition right then and there because of engaged in the mechanical construction
a lack of basis in law or insufficiency of of artificial dentures or fixtures and
the evidence. [Duhaime's Legal Dict., other oral devices, as long as none of
2004]. 3. A pleading filed by the such procedure is done inside the mouth
defendant that the complaint as filed is of the patient; nor shall this provision
not sufficient to require an answer. apply to students of dentistry
[Jurists Legal Dict., 2004]. undergoing practical training in a legally
constituted dental school or college
Demurrer to evidence. Rem. Law. A under the direction or supervision of a
motion to dismiss filed by the accused member of the faculty who is duly
on the ground of insufficiency of licensed to practice dentistry in the
evidence after the prosecution has Philippines: or to registered dental
rested its case, thus waiving his right to hygienists serving as dentists' assistants
present evidence and submitting the who may be allowed to perform oral
case for judgment on the basis of the prophylaxis and such other procedures
evidence for the prosecution. [Godoy v. which the law regulating the practice of
CA, GR L-80814. Aug. 30, 1988]. dental hygienists may permit. [Sec. 14,
RA 4419].
Den, dive or resort. A place where any
dangerous drug and/or con-trolled Denuncia falsa. 1. False accusation.
precursor and essential chemical is [Lagman v. IAC, GR L-72281. Oct. 28,
administered, delivered, stored for 1988]. 2. Malicious prosecution;
illegal purposes, distributed, sold or generally refers to unfounded criminal
used in any form. [Sec 3, RA 9165]. actions. [Madera v. Lopez, L-37105,
Feb. 10, 1981, 102 SCRA 700].
Denial of justice. A gross deficiency in
the administration of justice. [Intl. Law Deoxyribonucleic Acid. See DNA.
Department. Any of the executive
Denomination. A religious sect having a departments or entities having the
particular name. [Adong v. Cheong See category of a department including the
Gee, GR L-18081. Mar. 3, 1922]. judiciary, Commission on Elections and
Commission on Audit. [Sec. 3, PD 807].
De novo. Lat. New. This term is used to
refer to a trial which starts over, which Department of the Interior and Local
wipes the slate clean and begins all over Government (DILG) Act of 1990. RA
again, as if any previous partial or 6975 entitled An Act establishing the
complete hearing had not occurred. Philippine National Police under a
[Duhaime's Legal Dict., 2004]. reorganized Department of the Interior
and Local Government, and for other
De novo hearing. See Hearing de purposes enacted on Dec. 13, 1990.
novo. Also known as the PNP Law.
Dentistry, practice of. A person shall be Dependable and adequate service.

regarded as engaged in the practice of Service that, consistent with normal
dentistry or rendering dental service, standards and levels of service based
within the meaning and intent of this upon good utility management and
Act, who shall, for a fee, salary, operating practices, is sufficient in

169
quantity, having regard for the demands immediately and as a substitute, and
for service currently existing and the new will is not made, or, if made,
reasonably anticipated within the fails of effect for any reason, it will be
foreseeable future, and that is presumed that the testator preferred
accessible on a constant and continuous the old will to intestacy, and the old one
basis except for outages occasioned by will be admitted to probate in the
the need for normal repair, absence of evidence overcoming the
maintenance, construction or renovation presumption, provided its contents can
work or by acts beyond the reasonable be ascertained. [Jurado, Comments &
ability of the public service entity to Jurisp. on Succession, 1991 8th Ed., p.
prevent or control. [Sec. 3, PD 269]. 128].
Dependent. 1. A legitimate, illegitimate Dependents. 1. Labor. The legitimate,

or legally adopted child chiefly legitimated, legally adopted or
dependent upon and living with the acknowledged natural child who is
taxpayer if such dependent is not more unmarried, not gainfully employed, and
than twenty-one (21) years of age, not over twenty-one years of age or
unmarried and not gainfully employed over twenty-one years of age provided
or if such dependent, regardless of age, he is incapable of self-support due to a
is incapable of self-support because of physical or mental defect which is
mental or physical defect. [Sec. 35, congenital or acquired during minority;
NIRC, as amended]. 2. One who derives the legitimate spouse living with the
existence and support from another. employee and the parents of said
[Glossary of Legal Terms (Pro-Se), employee wholly dependent upon him
2004]. for regular support. [Art. 167, LC]. 2.
Health Ins. The legal dependents of a
Dependent child. 1. Any child under member of the Program are: (a) the
sixteen years of age who is dependent legitimate spouse who is not a member;
upon the public for support or who is (b) the unmarried and unemployed
destitute, homeless or abandoned; or legitimate, legitimated, illegitimate,
who has no proper parental care or acknowledged children as appearing in
guardianship, or who habitually begs or the birth certificate; legally adopted or
receives alms, or who is found living in step-children below twenty-one (21)
any house of ill-fame or with any vicious years of age; (c) children who are
or disreputable person, or whose home twenty-one (21) years old and above
or other place of residence, by reason of but suffering from congenital disability,
neglect, cruelty or depravity on the part either physical or mental, or any
of its parents, guardian or other person disability acquired that renders them
in whose care the child may be, is an totally dependent on the member of our
unfit place for such child. [Sec. 38-B, RA support; (d) the parents who are sixty
1401]. 2. One who is without a parent, (60) years old or above whose monthly
guardian or custodian; or one whose income is below an amount to be
parents, guardian or other custodian for determined by the Phil. Health Ins.
good cause desires to be relieved of his Corp. (PHIC) in accordance with the
care and custody; and is dependent guiding principles set forth in Art. 1 of
upon the public for support. [Art. 141, RA 7875, as amended. [Sec. 1, RA
PD 603]. Compare with Abandoned 9241].
child and Neglected child.
Dependent state. Intl. Law. 1. A state
Dependent parent. Under the Social that has surrendered its rights to
Security Law, one who is fully conduct international affairs to another
dependent upon the considered state. [Intl. Law Dict. & Direct., 2004].
employee for regular support. [Bayer v. 2. An entity which, although
Villanueva, 83 OG 4358]. theoretically considered a state, does
not have full freedom in the direction of
Dependent relative revocation its external affairs. It may be either a
doctrine. The established rule that if a protectorate or suzerainty. [Cruz, Intl.
testator revokes a will with a present Law Reviewer, 1996 Ed., p. 14].
intention of making a new one Compare with Independent state.

170
Depositions de bene esse. Those

Depletion. The exhaustion of natural depositions taken for purposes of a
resources like mines and oil or gas wells pending action. [Rule 23, RoC].
as a result of production or severance
from such mines or wells. [Teodoro & Depositions in perpetuam rei
De Leon, Law on Income Taxation, 11th memoriam. Those depositions taken to
Ed. (2001), p. 179, citing 1965 CCH Fed. perpetuate evidence for purposes of
Tax Course, par. 1201]. anticipated action, or in the event of
further proceedings in a case on appeal,
Deportation. The removal of a foreign and to preserve it against the danger of
national under immigration laws for loss. [Rule 24, RoC].
reasons such as illegal entry or conduct
dangerous to the public welfare. Depository. Any financial institution
[Duhaime's Legal Dict., 2004]. lawfully authorized to receive
government moneys upon deposit. [Sec.
Deposit. 1. A contract constituted from 2, Chap. 1 Subtitle B, EO 292].
the moment a person receives a thing
belonging to another, with the Depository funds. Funds over which the
obligation of safely keeping it and of officer accountable therefor may retain
returning the same. If the safekeeping control for the lawful purposes for which
of the thing delivered is not the principal they came into his possession. It
purpose of the contract, there is no embraces moneys in any and all
deposit but some other contract. [Art. depositories. [Sec. 2, Chap. 1 Subtitle B,
1962, CC]. 2. Funds in foreign EO 292].
currencies which are accepted and held
by an offshore banking unit in the Deposit substitutes. An alternative
regular course of business, with the form of obtaining funds from the public
obligation to return an equivalent (the term 'public' means borrowing from
amount to the owner thereof, with or twenty (20) or more individual or
without interest. [Sec. 1, PD 1034]. corporate lenders at any one time),
other than deposits, through the
Depositing stockholder. See issuance, endorsement, or acceptance
Transferring stockholder. of debt instruments for the borrower's
own account, for the purpose of
Deposition. 1. It is intended as a means relending or purchasing of receivables
to compel disclosure of facts resting in and other obligations, or financing their
the knowledge of a party or other own needs or the needs of their agent
person which are relevant in some suit or dealer. [Sec. 22, NIRC, as amended].
or proceeding in court. It is meant to
enable a party to learn all the material Depositum. A true deposit where the
and relevant facts, not only known to principal purpose of the contract is the
him and his witnesses but also those safekeeping of the thing deposited.
known to the adverse party and the [Morenos Law Dict., 2000 Ed., p. 130].
latter's own witnesses. [Dasmarias
Garments v. Reyes, GR 108229. Aug. Depreciated value. The value remaining
24, 1993]. 2. The official statement by a after deducting depreciation from either
witness taken in writing (as opposed to the replacement cost or the
testimony which where a witnesses give reproduction cost. [Sec. 3, PD 464].
their perception of the facts verbally).
Affidavits are the most common kind of Depreciation. 1. The fall of a currencys
depositions. [Duhaime's Legal Dict., value falls in relation to foreign
2004]. 3. Testimony of a witness or a currencies. [Del Rosario v. Shell Co., GR
party taken under oath outside the L-28776. Aug. 19, 1988, citing Sicat,
courtroom, the transcript of which Economics, 1983, p. 636]. 2. The
becomes a part of the court's file. gradual diminution in the useful value of
[Jurists Legal Dict., 2004]. tangible property resulting from wear
and tear and normal obsolescence. The
term is also applied to amortization of
the value of intangible assets, the use of

171
which in the trade or business is

definitely limited in duration. [Basilan Derived unit. A unit that is formed by
Estates v. Comm. on Int. Rev., GR L- combining base units and/or
22492. Sep. 5, 1967, citing Aranas, supplementary units according to the
Annotation and Jurisp. on the NIRC, as algebraic relations linking the other
Amended, 2nd Ed., Vol. 1, p. 263]. corresponding quantities. [Sec. 4, BP 8].
Depression. Legal Med. A feeling of Desahucio. Sp. Unlawful detainer.

intense sadness. It may follow a recent [Sering v. Plazo, GR L-49731. Sep. 29,
loss or other sad event but is out of 1988].
proportion to that event and persists
beyond an appropriate length of time. Descendant-propositus. See
[Olarte, Legal Med., 1st Ed. (2004), p. Propositus.
138]. Compare with Mania.
Descendants. Those persons who are
Derelict. A ship or her cargo which is born of, or from children of, another are
abandoned and deserted at sea by called that person's descendants.
those who were in charge of it, without Grandchildren are descendants of their
any hope of recovering it (sine spe grandfather as children are descendants
recuperandi), or without any intention of of their natural parents. [Duhaime's
returning to it (sine animo revertendi). Legal Dict., 2004].
[Erlanger & Galinger v. Swedish East
Asiatic Co., GR 10051. Mar. 9, 1916]. Descending direct line. In succession,
legitimate children and their
Dereliction. Intl. Law. The physical descendants succeed the parents and
withdrawal by a state from territory with other ascendants, without distinction as
the intention of relinquishing or to sex or age, and even if they should
abandoning all legal claims over it. Its come from different marriages. An
effect is to make the territory terra adopted child succeeds to the property
nullius and, therefore, subject again to of the adopting parents in the same
occupation by other states. [Cruz, Intl. manner as a legitimate child. [Art. 979,
Law Reviewer, 1996 Ed., p. 70]. CC].
Dereliction of duty. The failure of a Descriptio personae. Lat. Such

public officer to prosecute a violation of description of a person as will enable
the law. [Gregorio, Fund. of Crim. Law the officer to identify the accused. The
Rev., 1997 9th Ed., p. 629]. description must be sufficient to indicate
clearly the proper person upon whom
Derivative legislative power. Power the warrant is to be served. [People v.
which has been delegated by the Veloso, GR 23051. Oct. 20, 1925].
sovereign people to legislative bodies
and is subordinate to the original power Desecrate. To violate the sacredness of
of the people. [Garcia v. Comelec, GR or to profane. [Morenos Law Dict., 2000
111230. Sep. 30, 1994]. Compare with Ed., p. 131].
Original legislative power.
Desertion. Mar. Law. 1. Not a mere
Derivative suit. The principal defense of unauthorized absence from the ship,
the minority shareholder against abuses without leave, but an unauthorized
by the majority. It is a remedy designed absence from the ship with an intention
by equity for those situations where the not to return to her service; or as it is
management, through fraud, neglect of often expressed, animo non revertendi,
duty, or other cause, declines to take that is, with an intention to desert.
the proper and necessary steps to assert [Singa Ship Mgt. V. NLRC, GR 120276.
the corporation's rights. [Commart July 24, 1997, citing Black's Law Dict.,
(Phils.), Inc. v. SEC, GR 85318. June 3, Rev. 5th Ed., p. 402]. 2. A seaman's
1991]. abandonment of duty by quitting ship,
not only without leave or permission,
Derivative tax credit. See Deemed but without justifiable cause, before
paid tax credit. termination of engagement; and with

172
the intent of not returning to the ship's nonetheless a deprivation of liberty.

duty. [Singa Ship Management Phils. v. [People v. Abilong, 82 Phil. 172, 174].
NLRC, GR 120276. July 24, 1997, citing
Words & Phrases "Desertion In Mar. Destruction. The offense committed by
Law] any person who shall cause destruction
by means of explosion, discharge of
Desertion of a wife by a husband. The electric current, inundation, sinking or
act of a husband in voluntarily leaving stranding of a vessel, intentional
his wife with intention to forsake her damaging of the engine of said vessel,
entirely, never to return to her, and taking up the rails from a railway track,
never to resume his marital duties maliciously changing railway signals for
towards her, or to claim his marital the safety of moving trains, destroying
rights; such neglect as either leaves the telegraph wires and telegraph posts, or
wife destitute of the common those of any other system, and, in
necessaries of life, or would leave her general, by using any other agency or
destitute but for the charity of others. means of destruction as effective as
[Dela Cruz v. Dela Cruz, GR L-19565. those above enumerated, whether or
Jan. 30, 1968]. not the commission has endangered the
safety of any person. [Art. 324, RPC].
Designate. Admin. Law. 1. To vest (a
public officer) with additional duties Destruction of the instrument; how
while he performs the functions of his proved. Destruction of the instrument
permanent office. [Sec. of DOTC v. may be proved by any person knowing
Mabalot, GR 138200, Feb. 27, 2002]. 2. the fact (of the destruction). [E. Michael
To indicate, select, appoint or set apart & Co. v. Enriquez, GR 10824. Dec. 24,
for a purpose of duty. [Debulgado v. 1915]. See also Execution and
CSC, GR 111471. Sep. 26, 1994, citing delivery of the document; by whom
Black's Law Dict., 5th Ed., 402]. established and Loss of the
instrument; how shown.
Designation. 1. An appointment or
assignment to a particular office. Destructive arson. Crim. Law. The
[Debulgado v. CSC, GR 111471. Sep. felony committed by any person who
26, 1994, citing Black's Law Dict., 5th shall burn: (a) any arsenal, ship-yard,
Ed., 402]. 2. The term connotes merely storehouse or military powder or
the imposition of additional duties, upon fireworks factory, ordinance,
a person already in the public service by storehouse, archives or general museum
virtue of an earlier appointment or of the Government; (b) any passenger
election [Santiago v. COA, 199 SCRA train or motor vehicle in motion or
125; Political Law Review by Gonzales, vessel out of port; or (c) in an inhabited
pp. 184-185]. Compare with place, any storehouse or factory of
Appointment. inflammable or explosive materials. [Art.
320, RPC].
Desire. Legal Med. The ardent wish to
engage in sexual activity which may be Detail. Admin. Law. The movement from
triggered by thoughts or verbal and one Department or Agency to another
visual suggestions. [Olarte, Legal Med., which is temporary in nature. [Rep. v.
1st Ed. (2004), p. 111]. CA, GR 86147. Feb. 26, 1990, citing
Sec. 4, Rule VI, Civil Service Rules on
Despoblado. See Uninhabited place. Personal Actions and Policies]. Compare
with Reassignment.
Destierro. 1. Banishment or only a
prohibition from residing within the Detain. Hold or keep in custody. [Paat v.
radius of 25 kilometers from the actual CA, 266 SCRA 185 (1997)].
residence of the accused for a specified
length of time. [Uy Chin Hua v. Detentacion. Sp. Forcible entry. [Sering
Dinglasan, 86 Phil. 617, 619]. 2. v. Plazo, GR L-49731. Sep. 29, 1988].
Although destierro does not constitute
imprisonment (which is a typical Detention. It refers not only to the
example of deprivation of liberty), it is placing of a person in an enclosure

173
which he cannot leave, but also to any mismanaged the estate and allowed an
other deprivation of liberty. [People v. avoidable loss to occur. This action
Santos, GR No. 117873, Dec. 22, 1997. opens the personal representative to
citing Aquino, The RPC, 1988 Ed., Vol. personal liability for the loss. [Duhaime's
III, pp. 1-2]. Legal Dict., 2004].
Detention home. A twenty-four hour Development. 1. The work under-taken

child-caring institution providing short to explore and prepare an ore body or a
term resident care for youthful offenders mineral deposit for mining, including the
who are awaiting court disposition of construction of necessary infrastructure
their cases or transfer to other agencies and related facilities. [Sec. 3, RA 7942].
or jurisdiction. [Art. 117, PD 603]. 2. Steps necessarily taken to reach an
ore body or mineral deposit so that it
Determinable future time. A future can be mined. [Sec. 2, PD 463].
time, within the meaning of Act 2031,
which an instrument is expressed to be Development bank. Bank which
payable: (a) at a fixed period after date provides funds for the promotion of the
or sight; or (b) on or before a fixed or economy of an area, country, region, or
determinable future time specified the world. [Intl. Law Dict. & Direct.,
therein; or (c) on or at a fixed period 2004].
after the occurrence of a specified event
which is certain to happen, though the Development expenditures.
time of happening be uncertain. [Sec. 4, Expenditures paid or incurred during the
NIL]. development stage of the mine or other
natural deposits. The development
Determinate thing. A thing which is stage of a mine or other natural deposit
particularly designated or physically shall begin at the time when deposits of
segregated from all other of the same ore or other minerals are shown to exist
class. [Art. 1460, CC]. in sufficient commercial quantity and
quality and shall end upon
Determination. The decision of a court commencement of actual commercial
of justice. [Morenos Law Dict., 2000 extraction. [Sec. 34, NIRC, as
Ed., p. 132]. amended].
Determine. To come to an end. To bring Development rights. Also known as

to an end. [Morenos Law Dict., 2000 New use rights. The right to use
Ed., p. 132]. and/or develop land and improvements
thereon including putting them to a
Devaluation. 1. Any decrease or more intensive use, conversion to a
lowering of the monetary value of the more profitable use, increasing density
peso vis--vis other foreign currencies and the like. [Sec. 3, PD 1517].
without any reference at all to the gold
value of the Philippine peso. It can also Develop-operate-and-transfer. A
be construed as a reduction in the value contractual arrangement whereby
of our currency from an officially agreed favorable conditions external to a new
fixed level imposed by monetary infrastructure project which is to be built
authorities. [Del Rosario v. Shell Co., GR by a private project proponent are
L-28776. Aug. 19, 1988]. 2. As applied integrated into the arrangement by
to a monetary unit, a reduction in its giving that entity the right to develop
metallic content as determined by law adjoining property, and thus, enjoy
resulting in the lowering of the value of some of the benefits the investment
one nation's currency in terms of the creates such as higher property or rent
currencies of other nations. [Del Rosario values. [Sec. 2, RA 7718].
v. Shell Co., GR L-28776. Aug. 19, 1988,
citing Sloan and Zurcher, A Dict. of Deviation. Mar. Ins. A departure from
Economics, 1951 Ed., pp. 80-81]. the course of the voyage insured,
mentioned in the last two sections, or
Devastavit. Lat. He has wasted. A an unreasonable delay in pursuing the
personal representative who has

174
voyage or the commencement of an knowledge and skills in the

entirely different voyage. [Sec. 123, IC]. administrative and therapeutic phases of
dietetics. The administrative phase
Device making or altering includes experience in: the planning,
equipment. Any equipment, purchasing, preparing and serving of
mechanism or impression designed or food to patients and personnel within
primarily used for making or altering or budget allowances; supervising the
re-encoding an access de-vice or a handling and storage of food supplies
counterfeit access device. [Sec. 3, RA and equipment; directing the
8484]. maintenance of proper sanitary
measures within the department; and
Devise. 1. Gifts of real property given by the training of personnel. The
virtue of a will. 2. The transfer or therapeutic phase includes experience in
conveyance of real property by will. the application of scientific knowledge to
[Duhaime's Legal Dict., 2004]. Compare nutritional problems presented by
with Legacy. various diseases. [Sec. 1, RA 2674].
Devisees. Persons to whom gifts of real Dietetics. The combined science and art
property are given by virtue of a will. of regulating the planning, preparing
[Art. 782, CC]. and serving of meals to individuals or
groups according to the principles of
Devolution. Pol. Law. The transfer of nutrition and management with due
power and authority from the National consideration to economic, social and
Government to LGUs to enable them to psychological factors. [Sec. 1, RA 2674].
perform specific functions and
responsibilities. [Art. 24 (b), LGC]. Digest. An index or compilation of
Compare with Decentralization. abstracts of reported cases into one, set
forth under proper law topic headings or
Diagnostic pharmaceutical agents. titles and usually in alphabetical
Specific topical drugs used to aid arrangement. [Glossary of Legal Terms
optometrists in their examination of the (Pro-Se), 2004].
human eye. [Sec. 3, RA 8050].
Diligence of a good father of a
Diagnostic procedure. Any procedure family. The proper diligence required
to identify a disease or condition by law of every person obliged to give
through analysis and examination. [Sec. something to take care of the same,
1, RA 9241]. unless the law or the stipulation of the
parties requires another standard of
Dicat testator et erit lex. Lat. What the care. [Art. 1163, CC].
testator says will be the law. [Acain v.
IAC, GR L-72706. Oct. 27, 1987]. Diocese. The circuit or extent of a
bishop's jurisdiction; the district in which
Dicta or dictum. Lat. An observation by a bishop has authority." [Roman
a judge on a matter not specifically Catholic Apostolic Administrator of
before the court or not necessary in Davao, Inc. v. Land Registration
determining the issue before the court; Commission, GR L-8451. Dec. 20, 1957,
a side opinion which does not form part citing Webster's New Intl. Dict.].
of the judgment for the purposes of
Stare decisis. See Obiter dictum. Diphenylamine test. A chemical test
whereby a paraffin cast of the hand(s) is
Dictionary. A book containing words of a examined for the presence of nitrates to
particular language arranged prove whether the person concerned
alphabetically with their meanings, has recently fired a firearm. [People v.
pronunciations, etymologies, and so on. Madriaga IV, GR 73057. Mar. 8, 1989].
[Intl. Law Dict. & Direct., 2004]. See also Paraffin test.
Dietetic internship. A period of practical Diplomacy. A form of international

training in any accredited hospital which dispute settlement that attempts to
provides opportunity to acquire reconcile parties to a disagreement by

175
use of negotiation, mediation, or Direct. The term would relate to an act

inquiry. [Intl. Law Dict. & Direct., 2004]. stemming immediately from a source,
cause or reason. [Guerrero v. Villamor,
Diplomat. Intl. Law. An official GR 82238-42. Nov. 13, 1989].
representative of a state, present in
another state for the purposes of Direct access. Any one of a number of
general representation of the state-of- measures permitting direct dealings
origin or for the purpose of specific between authorized entities and
international negotiations on behalf of international satellite system providers
the diplomat's state-of-origin. at specified levels as defined by the
[Duhaime's Legal Dict., 2004]. NTC. [Sec.3, EO 467, s. 1998].
Diplomatic corps. It consists of the Direct action. The right of a third party
different diplomatic representatives who who has a claim in responsibility against
have been accredited to the local or an insured to proceed directly by suit
receiving state. It is headed by a doyen against the insurer, usually because the
du corps or dean, who is usually the insured has been declared bankrupt or
member of the highest rank and the has become insolvent. In most
longest service in the state. In Catholic jurisdictions, direct action is permitted
countries, the dean is the Papal Nuncio. only by statute. [Tetley, Glossary of
[Cruz, Intl. Law Reviewer, 1996 Ed., p. Conflict of Laws, 2004].
83].
Direct assault. The employment of force
Diplomatic immunity. The immunity or intimidation by any person or
enjoyed by a diplomatic agent from the persons, without a public uprising, for
criminal jurisdiction of the receiving the attainment of any of the purpose
State. Also, the immunity of such agent enumerated in defining the crimes of
from the civil and administrative rebellion and sedition, or the attack,
jurisdiction of said State, except in the employment of force, or serious
case of an action relating to any intimidation or resistance of any person
professional or commercial activity in authority or any of his agents, while
exercised by the diplomatic agent in the engaged in the performance of official
receiving State outside his official duties, or on occasion of such
functions. [Gregorio, Fund. of Crim. Law performance. [Art. 148, RPC].
Rev., 1997 9th Ed., p. 3, citing Minucher
v. CA, GR 97765, Sep. 24, 1992]. Direct attack against a judgment.
One that is made through an action or
Diplomatic negotiations. The process proceeding the main object of which is
by which States settle their differences to annul, set aside, or enjoin the
through an exchange of views between enforcement of such judgment, if not
diplomatic agencies. Discussions may be yet carried into effect; or, if the property
oral or written, brief or prolonged. has been disposed of, the aggrieved
[Suarez, Pol. Law Reviewer, 1st Ed., party may sue for recovery. [El Banco
2002, pp. 1076-1077, citing Espaol-Filipino v. Palanca, 37 Phil. 921
Mavromamatis Palestine Concessions (1918)]. Compare with Collateral
Case, PCIJ Pub. Ser. A/2, p. 11]. attack.
Dipsomania. Legal Med. An irresistible Direct attack of corporate existence.

impulse to indulge in intoxication either One whereby the State, in a proceeding
with alcohol or drugs. [Olarte, Legal brought for that purpose, attacks the
Med., 1st Ed. (2004), p. 151]. existence of an association claiming to
be a corporation. It can only be
Dipterocarp forest. A forest dominated instituted by the government through
by trees of the dipterocarp species, such the Solicitor General by quo warranto
as red lauan, tangile, tiaong, white proceedings. [De Leon, Corp. Code of
lauan, almon, bagtikan and mayapis of the Phil. Annotated, 1989 Ed., p. 152,
the Philippine mahogany group, apitong citing Secs. 20 and 121, Corp. Code ].
and the yakals. [Sec. 3, PD 705]. Compare with Collateral attack of
corporate existence.

176
Direct bribery. Crim. Law. The felony Direct line. That constituted by the
committed by any public officer who series of degrees among ascendants
shall agree to perform an act and descendants. [Art. 964, CC].
constituting a crime, in connection with Compare with Collateral line.
the performance of this official duties, in
consideration of any offer, promise, gift Directly competitive products.
or present received by such officer, Domestically-produced substitutable
personally or through the mediation of products. [Sec. 4, RA 8800].
another, or by the officer who shall
accept the gift in consideration of the Directly vested jurisdiction. The power
execution of an act which does not or authority to govern and execute the
constitute a crime, and the officer laws, particularly the authority vested in
executed said act or did not accomplish the judges to administer justice, that is,
said act. [Art. 210, RPC]. to try civil or criminal cases or both, and
to render judgment thereon in
Direct contempt. 1. Misbehavior in or accordance with the law. [People v.
near the presence of a judge or court Mendoza, GR 39275. Dec. 20, 1933,
which obstructs or interrupts court citing Escriche, Rational Dict. of
proceedings. Direct contempt may be Legislation and Jurisp., p. 1154].
summarily punished by fine and
imprisonment. [Claridades, A., Director. Any director of a corporation or
Compilation of Notes, 2001-2006]. any person performing similar functions
Compare with Direct contempt. 2. with respect to any organization. [Sec.
Contempt committed in the presence of 3, RA 2629].
or so near the judge as to obstruct him
in the administration of justice. [Narcida Directory statutes. Laws which are
v. Bowen, GR 6694. Mar. 26, 1912]. permissible or discretionary in nature
Compare with Constructive and merely outline the act to be done in
contempt. such a way that no injury can result
from ignoring it or that its purpose can
Direct evidence. 1. Evidence which be accomplished in a manner other than
proves the fact in dispute without the that prescribed and substantially the
aid of any inference or presumption. same result obtained. [Suarez, Stat.
[Claridades, A., Compilation of Notes, Con., (1993), p. 92]. Compare with
2001-2006]. 2. Proof of facts by Mandatory statutes.
witnesses who saw acts done or heard
words spoken. [Jurists Legal Dict., Direct solar energy. The energy content
2004]. Compare with Circumstantial of solar radiation harnessed by
evidence. collecting sunlight in man-made devices
such as flat-plate or focusing solar
Direct examination. Evid. 1. The collectors. [Sec. 2, PD 1068]. See
examination-in-chief of a witness by the Indirect solar energy.
party presenting him on the facts
relevant to the issue. [Sec. 5, Rule 132, Direct tax. 1. A tax which is demanded
RoC]. 2. The first questioning of from the very person intended to be the
witnesses by the party on whose behalf payor, although it may ultimately be
they are called. [Jurists Legal Dict., shifted to another. An example of a
2004]. Compare with Cross- direct tax is the personal income tax.
examination. [Maceda v. Macaraig, GR 88291. May
31, 1991]. 2. A tax for which a taxpayer
Direct government guarantee. An is directly liable on the transaction or
agreement whereby the government or business it engages in. [Ibid.].
any of its agencies or local government
units assume responsibility for the Direct taxes. Those are demanded from
repayment of debt directly incurred by the very person who, it is intended or
the project proponent in implementing desired, should pay them. [Comm. of
the project in case of a loan default. Int. Rev. v. John Gotamco & Sons, Inc.,
[Sec. 2, RA 7718].

177
GR L-31092. Feb. 27, 1987]. Compare the instrument he signed should be his
with Indirect taxes. will at the time of affixing his signature
thereto. [Art. 839, CC].
Direct to home (DTH) TV. A
broadcasting system wherein television Disaster operations. Any effort by one
programs are transmitted directly to or more agencies, government and/or
home/user receivers via satellite, thus otherwise, to provide emergency
making the reception cover not only assistance in relief to persons who are
individual(s) in their homes but other victims of a disaster or calamity. Specific
places as well. [Sec.3, EO 467, s. 1998]. aid and assistance that may be provided
in disaster operations include, among
Direct trust. A trust intentionally created others: issuance of medical supplies and
by the direct and positive act of the equipment and emergency medical
settlor, by some writing, deed, or will, or treatment; food, water and shelter,
oral declaration. That created by the rescue and firefighting services; police
parties in a language directly and protection; route clearance and traffic
expressly pointing out the persons, control; prevention of panic,
property and purpose of the trust. communications and restoration of
[Morenos Law Dict., 2000 Ed., p. 134]. facilities. [Sec. 1, EO 948, Apr. 23,
1984].
Disability. 1. A physical or mental
impairment that substantially limits one Disaster volunteer worker (DVW). A
or more psychological, physiological or duly accredited member of any of the
anatomical function of an individual or task units of a local disaster
activities of such individual. 2. A record coordinating council. [Sec. 1, EO 948,
of such an impairment 3. Being Apr. 23, 1984].
regarded as having such an impairment.
[Sec. 4, RA 7277]. 4. Loss or Disbarment. Form of discipline of a
impairment of a physical or mental lawyer resulting in the loss (often
function resulting from injury or permanently) of that lawyer's right to
sickness. [Art. 167, LC]. 5. Loss or practice law. [Glossary of Legal Terms
reduction of a person's capacity to (Pro-Se), 2004].
effectively cope with the demands of his
environment as a result of disease or Discernment. As used in Art. 12 (3) of
injury, including birth trauma. [Sec. 2, the Rev. Penal Code, the mental
RA 5680]. capacity of a minor under fifteen years
of age but over nine, who commits an
Disabled persons. Those persons act prohibited by law, to understand the
suffering from restriction or different difference between right and wrong.
abilities, as a result of a mental, physical [People v. Doquena, 68 Phil. 580
or sensory impairment, to perform an (1939)].
activity in the manner or within the
range considered normal for a human Discharge. 1. The act of spilling, leaking,
being. [Sec. 4, RA 7277]. pumping, pouring, emit-ting, emptying,
releasing or dumping of any material
Disallowance of wills. Grounds: (a) If into a water body or onto land from
the formalities required by law have not which it might flow or drain into said
been complied with; (b) if the testator water. [Sec 4, RA 9275]. 2. Any spilling,
was insane, or otherwise mentally leaking, pumping, pouring, emitting,
incapable of making a will, at the time emptying or dumping but does not
of its execution; (c) if it was executed include discharge of effluents from
through force or under duress, or the industrial or manufacturing
influence of fear, or threats; (d) if it was establishments, or mill of any kind. [Sec.
procured by undue and improper 3, PD 979].
pressure and influence, on the part of
the beneficiary or of some other person; Discharge. Civ. Law. The court's formal
(e) if the signature of the testator was discharge of a debtor's debts. In
procured by fraud; (f) if the testator probate, the release of the estate's
acted by mistake or did not intend that representative from fiduciary

178
responsibility. [Glossary of Legal Terms letters of the children or minors placed

(Pro-Se), 2004]. under their care or study, nor to
spouses with respect to the papers or
Discharge. Labor. It takes place when letters of either of them. [Art. 290,
the employer has resolute intention to RPC].
dispense with the services of the
employee. [Poquiz, Labor Rel. Law, Discovery. The disclosure of facts resting
1999 Ed. p. 22]. in the knowledge of the defendant, or
as the production of deeds, writings, or
Discharge of firearms. Crim. Law. The things in his possession or power, in
felony committed by any person who order to maintain the right or title of the
shall shoot at another with any firearm, party asking it, in a suit or proceeding.
unless the facts of the case are such [Insular Life v. CA, GR 97654. Nov. 14,
that the act can be held to constitute 1994, citing Bouvier's Law Dict., p. 882].
frustrated or at-tempted parricide,
murder, homicide or any other crime for Discovery modes. The name given
which a higher penalty is prescribed by pretrial devices for obtaining facts and
any of the articles of the Rev. Penal information about the case. [Jurists
Code. [Art. 254, RPC]. Legal Dict., 2004].
Disclaim. To refuse a gift made in a will. Discreta. See Accession discreta.

[Jurists Legal Dict., 2004].
Discretio est scire per legem quid sit
Discontinuous easements. Those justum. Lat. Discretion consists in
easements which are used at intervals knowing through the law what is just.
and depend upon the acts of man. [Art. [Morenos Law Dict., 2000 Ed., p. 135].
615, CC].
Discretion. 1. When applied to public
Discount. The sale of a receivable at less functionaries, it is a power or right
than its face value. [Great Asian Sales conferred upon them by law of acting
Center v. CA, GR 105774, Apr. 25, officially, under certain circumstances,
2002]. uncontrolled by the judgment or
conscience of others. [Rep. v. Capulong,
Discounting line. A credit facility with a GR 93359, July 12, 1991, 199 SCRA
financing company or bank which allows 134, 149 quoting Meralco Securities
a business entity to sell, on a continuing Corp. v. Savellano, L-36748, Oct. 23,
basis, its accounts receivable at a 1982, 117 SCRA 804, 812]. 2. The act
discount. [Great Asian Sales Center v. or the liberty to decide, according to the
CA, GR 105774, Apr. 25, 2002]. principles of justice and one's ideas of
what is right and proper under the
Discourtesy. Incivility; ill manners; circumstances, without willfulness or
rudeness of behavior or language; an favor. [Lamb v. Phipps, GR 7806. July
impolite act. [Espina, Didith R., CSC Res. 12, 1912].
98-2991, Nov. 16, 1998, citing
Websters 3rd New Intl. Dict.]. Discretionary execution or execution
of judgment pending appeal. The
Discovered peril doctrine. See Last execution of a judgment or final order
clear chance doctrine. before it attains finality. The court which
rendered the decision can grant an
Discovering secrets through seizure execution pending appeal if it still
of correspondence. Crim. Law. The retains jurisdiction over the case and is
felony committed by any private in possession of the records at the time
individual who in order to discover the of the filing of the motion; otherwise,
secrets of another, shall seize his papers the motion shall be acted upon by the
or letters, whether or not he reveals the appellate court. [Bench Book for Trial
contents there-of. This shall not be Court Judges, p. 2-56, citing Sec. 2,
applicable to parents, guardians, or Rule 39, RoC]. Compare with
persons en-trusted with the custody of Ministerial execution.
minors with respect to the papers or

179
Disease infested. Severely impaired

trees due to bacteria, fungus, or virus, Diskettes. Integral parts of a computer
viriod and the chances of its survival system, constituting one of the "input-
and being economically productive is nil. output devices" or "peripherals," in the
[Sec. 3, PCA Admin. Order 1-95]. same manner that the keyboard is an
"input-output device" and the monitor,
Disfigurement. See Deformity. keyboard and printer are "peripherals"
in relation to the memory or central
Disgraceful and immoral conduct. See processing unit (CPU) of the computer
Immoral conduct. system. [People v. Burgos, GR 92739.
Aug. 2, 1991].
Disguise. The use by a person
committing a crime (under Art. 14, par. Disloyal. Not true to a sovereign or
14 of the Rev. Penal Code) of a mask to lawful superior, or to the government
cover his face for the purpose of under which one lives; false where
concealing his identity. [Morenos Law allegiance is due; faithless. [Words and
Dict., 2000 Ed., p. 135]. Phrases, Vol. 12 A, p. 432].
Dishonesty. 1. The concealment or Disloyalty of public officers or

distortion of truth in a matter of fact employees. Crim. Law. The felony
relevant to one's office or connected committed by public officers or
with the performance of his duties. employees who have failed to resist a
[Sec. 8, PD 971]. 2. Any act which rebel-lion by all the means in their
shows lack of integrity or a disposition power, or shall continue to discharge
to defraud, cheat, deceive or betray. It the duties of their offices under the
consists of an intent to violate the truth. control of the rebels or shall accept
[Bagacay, Julio C., CSC Res. 97-1123, appointment to office under them. [Art.
Feb. 4, 1997]. 137, RPC, as reinstated by EO 187].
Dishonor. The refusal of the bank Disloyalty to the Government. It

against (which) the check is drawn to consists of abandonment or renunciation
pay it due to any of these grounds: of one's loyalty to the Government of
insufficient funds, account closed, the Philippines, or advocating the
payment stopped, or no account with overthrow of the Government. [Sec. 8,
bank. [Morenos Law Dict., 2000 Ed., p. PD 971].
135].
Dismantling. The tearing apart, piece by
Dishonorable conduct. The state or piece or part by part, of a motor vehicle.
quality of being immoral; vice, [Sec. 2, RA 6539].
wickedness; also an immoral act or
practice. The term denotes a norm of Dismiss. To throw a case out of court.
conduct which is contrary to human [Torres, Oblig. & Cont., 2000 Ed., p.
decency, goodness and uprightness. 349].
Dismissal. Labor. A discharge of an
Disinheritance. 1. Depriving a employee, a termination of an employee
compulsory heir of his legitime, for at the instance of the employer.
causes expressly stated by law. [Art. [Poquiz, Labor Rel. Law, 1999 Ed. p.
915, CC]. 2. A testamentary disposition 22].
depriving any compulsory heir of his
share in the legitime for a cause Dismissal. Rem. Law. 1. The termination
authorized by law. [Maninang v. CA, GR of the proceeding, either because the
L-57848. June 19, 1982, citing Reyes court is not a court of competent
and Puno, An Outline of Phil. Civil Law, jurisdiction, or the evidence does not
1956 ed., Vol. III, p. 8]. show that the offense was committed
within the territorial jurisdiction of the
Disinterment. The removal or court, or the complaint or information is
exhumation of remains from places of not valid or sufficient in form and
interment. [Sec. 89, PD 856]. substance, etc. [Malanyaon v. Lising, GR

180
L-56028. July 30, 1981]. 2. The Disorder. A disturbance of the peace.

termination of a lawsuit. [Glossary of [Morenos Law Dict., 2000 Ed., p. 136].
Legal Terms (Pro-Se), 2004]. See With
prejudice and Without prejudice. Disorders of volition. See Conation.
Compare with Acquittal.
Dispense. Any act of giving away, selling
Disobedience to order of superior or distributing medicine or any
officers, when said order was dangerous drug with or without the use
suspended by inferior officer. Crim. of prescription. [Sec 3, RA 9165].
public officer who, having for any Disposal. The act of parting with,
reason suspended the execution of the alienation of, or giving up of supplies or
orders of his superiors, shall disobey property. [IRR on Supply & Prop. Mgt.,
such superiors after the latter have per Sec. 383, LGC].
disapproved the suspension. [Art. 232,
RPC]. Dispose of. To alienate or direct the
ownership of property, aas disposition
Disobedience to summons is-sued by by will. [Morenos Law Dict., 2000 Ed.,
the National Assembly, its p. 136].
committees or subcommittees, by
the Constitutional Commissions, its Disposicion captatoria. Any disposition
committees, subcommittees or made upon the condition that the heir
divisions. Crim. Law. The felony shall make some provision in his will in
committed by any person who, having favor of the testator or of any other
been duly summoned to attend as a person. Such disposition shall be void.
witness before the National Assembly, [Art. 875, CC].
(Congress), its special or standing
committees and subcommittees, the Disposition post mortem. See
Constitutional Commissions and its Donation mortis causa.
committees, subcommittees, or
divisions, or before any commission or Disputable presumption. Evid. A
committee chairman or member species of evidence that may be
authorized to summon witnesses, accepted and acted on where there is
refuses, with-out legal excuse, to obey no other evidence to uphold the
such summons, or being present before contention for which it stands, or one
any such legislative or constitutional which may be overcome by other
body or official, refuses to be sworn or evidence. [People v. De Guzman, GR
placed under affirmation or to answer 106025. Feb. 9, 1994, citing 31A CJS p.
any legal inquiry or to produce any 197]. Presumption juris tantum. See
books, papers, documents, or records in Prima facie presumption;
his possession, when required by them Rebuttable presumption. Compare
to do so in the exercise of their with Conclusive presumption.
functions; or by any person who shall
restrain another from attending as a Dispute. A disagreement on a point of
witness, or who shall induce law or fact, a conflict of legal views or
disobedience to a summon or refusal to interests between two persons. A
be sworn by any such body or official. disagreement or conflict has the
[Art. 150, RPC]. character of an international dispute if it
arises between two or more states.
Disobeying request for [Sandoval, Pol. Law Reviewer 2003].
disqualification. Crim. Law. The
felony committed by any public officer Disputed decision. The phrase is the
who, before the question of jurisdiction equivalent of "ruling, order or decision
is decided, shall continue any appealed from. [Navoa-Ramos v. CA,
proceeding after having been lawfully GR 119872. July 7, 1997].
required to refrain from so doing. [Art.
242, RPC]. Disrate. A term of maritime law where an
officer or other seaman is either
demoted in rank or deprived of a

181
promotion. [LawInfo Legal Dictionary Dissolution of a marriage. The act of

(2005)]. ending the legal relationship between
those persons formally joined by
Disregarding the fiction of corporate marriage. [Claridades, A., Compilation of
entity. See Piercing the veil of Notes, 2001-2006].
corporate entity or fiction doctrine.
Dissolution of a partnership. The
Disregard of the respect due the change in the relation of the parties
offended party by reason of his caused by any partner ceasing to be
rank, age or sex. An aggravating associated in the carrying on, as might
circumstance under Art. 14 (3) of the be distinguished from the winding up of,
Rev. Penal Code which may be taken the business. [Art. 1828, CC].
into account only in crimes against
persons or honor, when in the Distillation. The process of first raising
commission of the crime there is some the temperature in separate the more
insult or disrespect shown to rank, age volatile from the less volatile parts and
or sex. It is not proper to consider this then cooling and condensing the
aggravating circumstance in crimes resulting vapor so as to produce a
against property. [People v. Collado, GR nearly purified substance. [Sec. 3, PD
88631. Apr. 30, 1991]. 1185].
Dissent. To disagree. The word is used in Distillers of spirits. All who distill
legal circles to refer to the minority spirituous liquors by original and
opinion of a justice which runs contrary continuous distillation from mash, wort,
to the conclusions of the majority. wash, sap, or syrup through continuous
[Duhaime's Legal Dict., 2004]. closed vessels and pipes until the
manufacture thereof is complete. [Sec.
Dissenting opinion. 1. The minority 1, PD 426].
opinion of a justice or justices which
runs contrary to the conclusions of the Distingue tempora et concordabis
majority. 2. There is nothing to enforce jura. Lat. Distinguish times and you will
in a dissenting opinion since it affirms or harmonize laws. [Comm. of Customs v.
overrules no claim, right, or obligation, Superior Gas and Equipment Co., 108
and neither disposes of, not awards, Phil. 225, May 25, 1960].
anything; it merely expresses the views
of the dissenter. [Tolentino v. Ongsiako, Distraer. Sp. To convert. The term
GR L-17938. Apr. 30, 1963]. Compare connotes the act of using or disposing of
with Concurring opinion. another's property as if it were one's
own. [Sy v. People, GR 85785. Apr. 24,
Dissolution. The termination, process of 1989, citing II Crim. Law, Reyes, 12th
dissolving or winding up something. Ed., p. 729].
Distraint. The right of a landlord to seize
Dissolution of a corporation. 1. The the property of a tenant which is in the
act of ending, terminating or winding-up premises being rented, as collateral
a corporation or its state of affairs. 2. against a tenant that has not paid the
The termination; process of dissolving rent or has otherwise defaulted on the
or winding up something. [Glossary of lease, such as wanton disrepair or
Legal Terms (Pro-Se), 2004]. destruction of the premises. A legal
action to reclaim goods that have been
Dissolution of a corporation by distrained is called Replevin. [Duhaime's
shortening corporate term. A Legal Dict., 2004].
voluntary dissolution of a corporation
effected by amending its articles of Distribution. The delivery or sale of any
incorporation to shorten its corporate drug or device for purposes of
term pursuant to the provisions of the distribution in commerce, except that
Corporation Code. [Sec. 120, Corp. such terms does not include a
Code]. manufacturer or retailer of such

182
product. [Sec. 6, EO 175, May 22,

1987]. Disturbance compensation. Payment
of just indemnity for the disturbance of
Distribution code. A compilation of rules proprietary rights as a result of
and regulations governing electric expropriation. [Claridades, A.,
utilities in the operation and Compilation of Notes, 2001-2006].
maintenance of their distribution
systems which includes, among others, Disturbance of proceedings. Crim.
the standards for service and Law. The felony committed by any
performance, and de-fines and person who disturbs the meetings of the
establishes the relation-ship of the National Assembly (Congress of the
distribution systems with the facilities or Philippines) or of any of its committees
installations of the parties connected or subcommittees, constitutional
thereto. [Sec. 4, RA 9136]. commissions or committees or divisions
thereof, or of any provincial board or
Distribution of electricity. The city or municipal council or board, or in
conveyance of electric power by a the presence of any such bodies should
distribution utility through its distribution behave in such manner as to interrupt
system pursuant to the provisions of RA its proceedings or to impair the respect
9136. [Sec. 4, RA 9136]. due it. [Art. 144, RPC, as reinstated by
EO 187].
Distribution retail wheeling charge.
The cost or charge regulated by the Divestment. The transfer of title or
Energy Regulatory Commission (ERC) disposal of interest in property by
for the use of a distribution system voluntarily, completely and actually
and/or the availment of related services. depriving or dispossessing oneself of his
[Sec. 4, RA 9136]. right or title to it in favor of a person or
persons other than his spouse and
Distribution retail supply rate. The relatives as defined in RA 6713. [Sec. 3,
total price paid by end-users consisting RA 6713].
of the charges for gene-ration,
transmission and related ancillary Dividend. 1. Any distribution made by a
services, distribution, supply and other corporation to its shareholders out of its
related charges for electric service. [Sec. earnings or profits and payable to its
4, RA 9136]. shareholders, whether in money or in
other property. [Sec. 73, NIRC, as
Distribution system. The system of amended]. 2. That part or portion of the
wires and associated facilities belonging profits of the enterprise which the
to a franchised distribution utility corporation, by its governing agents,
extending between the delivery points sets apart for ratable division among the
on the transmission or subtransmission holders of the capital stock. It means
system or generator connection and the the fund actually set aside, and declared
point of connection to the premises of by the directors of the corporation as a
the end-user. [Sec. 4, RA 9136]. dividend, and duly ordered by the
directory, or by the stock-holders at a
Distribution utility. Any electric corporate meeting to be divided or
cooperative, private corporation, distributed among the stockholders
government-owned utility or existing according to their respective interests.
local government unit which has an [Nielson v. Lepanto, GR L-21601. Dec.
exclusive franchise to operate a 28, 1968]. 3. A proportionate
distribution system in accordance with distribution of profits made in the form
RA 9136. [Sec. 4, RA 9136]. of a money payment to shareholders, by
a for-profit corporation. Dividends are
Distributor. Any person to whom a declared by a company's board of
consumer product is delivered or sold directors. [Duhaime's Legal Dict., 2004].
for purposes of distribution in
commerce, except that such term does Divination. The pretended art of
not include a manufacturer or retailer of foreseeing future events by supernatural
such product. [Art. 4, RA 7394].

183
or magical agency. [Morenos Law Dict., action required for each case.
2000 Ed., p. 138]. [Duhaime's Legal Dict., 2004]. 2. An
abstract or listing of all pleadings filed in
Divine law. (a) Divine positive law, i.e., a case; the book containing such
Ten Commandments; (b) Divine human entries; trial docket is a list of or
positive law, i.e., commandments of the calendar of cases to be tried in a certain
church. [Suarez, Stat. Con., (1993), p. term. [Glossary of Legal Terms (Pro-Se),
37-38]. 2004].
Divisible contract, general rule on. As Docket control. A system for keeping
a general rule, a contract to do several track of deadlines and court dates for
things at several times is divisible in its both litigation and non-litigation
nature, so as to authorize successive matters. [Jurists Legal Dict., 2004].
actions; and a judgment recovered for a
single breach of a continuing contract or Doctrine. 1. That which is taught; what
covenant is no bar to a suit for a is held, put forth as true, and supported
subsequent breach thereof. [Blossom & by a teacher, a school, or a sect; a
Co. v. Manila Gas, GR 32958. Nov. 8, principle or position, or the body of
1930, citing 34 CJ, p. 839]. principles, in any branch of knowledge;
tenet; dogma; principle of faith. It is a
Divisible obligation. An obligation the synonym of principle, position, opinion,
object of which, in its delivery or article, maxim, rule, and axiom.
performance, is capable of partial [Mabanag v. Vito, 78 Phil. 1, Mar. 5,
performance. [Diaz, Bus. Law Rev., 1947]. 2. A rule or principle or the law
1991 Ed., p. 29]. Compare with established through the repeated
Indivisible obligation. application of legal precedents.
Divorce (talaq). The formal dissolution
of the marriage bond in accordance with Doctrine of attractive nuisance. See
the Code of Muslim Personal Laws of the Attractive nuisance doctrine.
Philip-pines to be granted only after
exhaustion of all possible means of Doctrine of discovered peril. See Last
reconciliation between the spouses. clear chance doctrine.
[Art. 45, PD 1086].
Doctrine of equivalents test. A test
DNA. Abbreviation for established to determine infringement
Deoxyribonucleic Acid. A which recognizes that minor
chromosome molecule which carries modifications in a patented invention
genetic coding unique to each person are sufficient to put the item beyond the
with the only exception of identical scope of literal infringement. Thus, an
twins (that is why it is also called DNA infringement also occurs when a device
finger-printing). Through laboratory appropriates a prior invention by
process, DNA can be extracted from incorporating its innovative concept and,
body tissue such a strand of hair, albeit with some modification and
semen, blood and matched against DNA change, performs substantially the same
discovered at a crime scene or on a function in substantially the same way
victim to scientifically implicate an to achieve substantially the same result.
accused. It can also be used to match [Godinez v. CA, GR 97343. Sep. 13,
DNA between parents in a paternity suit. 1993]. Compare with Literal
[Duhaime's Legal Dict., 2004]. infringement test.
Dock. Locks, cuts, entrances, graving Doctrine of estoppel. (A doctrine)

docks, inclined planes, slipways, quays, based on grounds of public policy, fair
and other works and things appertaining dealing, good faith and justice, (the)
to any dock. [Sec. 3, PD 857]. purpose (of which) is to forbid one to
speak against his own act,
Docket. 1. An official court record book representations, or commitments to the
which lists all the cases before the court injury of one to whom they were
and which may also note the status or

184
directed and who reasonably relied bodies because technical matters or

thereon. [PNB v. CA, 94 SCRA 357]. intricate questions of facts are involved,
then relief must first be obtained in an
Doctrine of implication. Stat. Con. That administrative proceeding before a
which is plainly implied in the language remedy will be supplied by the courts
of a statute is as much a part of it as even though the matter is within the
that which is expressed. [In Re: proper jurisdiction of a court. [Industrial
McCulloch Dick, 35 Phil. 41, 45, 50; 82 Enterprises, Inc. v. CA, GR 88550. Apr.
CJS 632; 73 Am Jur 2nd 404]. 18, 1990].
Doctrine of inappropriate provision. Doctrine of prior use. The principle that

(It deals with) item provisions (in a prior use of a trademark by a person,
budget bill) that are to be treated as even in the absence of a prior
items for the Presidents veto power. registration, will convert a claim of legal
[Dean Tupaz, 24 Hours Before the Bar appropriation by subsequent users.
(1st Ed. 2005), p. 133]. [Morenos Law Dict., 2000 Ed., p. 139].
Doctrine of judicial stability. See Doctrine of qualification. See

Doctrine of non-interference. Characterization.
Doctrine of last clear chance. See Doctrine of qualified political agency.

Last clear chance doctrine. Pol. Law. The doctrine which holds that,
as the President cannot be expected to
Doctrine of limited liability. See exercise his control powers all at the
Limited liability doctrine. same time and in person, he will have to
delegate some of them to his Cabinet
Doctrine of necessary implication. members, who in turn and by his
Stat. Con. The doctrine which states authority, control the bureaus and other
that what is implied in a statute is as offices under their respective
much a part thereof as that which is jurisdictions in the executive
expressed. [Natl. Assoc. of Trade Unions department. [Carpio v. Exec. Sec., GR
(NATU) v. Torres, GR 93468. Dec. 29, 96409. Feb. 14, 1992].
1994].
Doctrine of relations. Also Relations
Doctrine of non-interference. An back doctrine. That principle of law by
elementary principle of higher which an act done at one time is
importance in the administration of considered by a fiction of law to have
justice that the judgment of a court of been done at some antecedent period.
competent jurisdiction may not be It is a doctrine which, although of
opened, modified, or vacated by any equitable origin, has a well recognized
court of concurrent jurisdiction. [Rep. v. application to proceedings at law; a
Reyes, 155 SCRA 313 (1987), citing 30- legal fiction invented to promote the
A Am Jur 605]. Also Doctrine of ends of justice or to prevent injustice
judicial stability. end the occurrence of injuries where
otherwise there would be no remedy.
Doctrine of outside appearance. (The The doctrine, when invoked, must have
doctrine holding that) a corporation is connection with actual fact, must be
bound by a contract entered into by an based on some antecedent lawful rights.
officer who acts without, or in excess of It has also been referred to as "the
his actual authority, in favor of a person doctrine of relation back." [Allied
who deals with him in good faith relying Banking Corp. v. CA, GR 85868. Oct. 13,
on such apparent authority. [Morenos 1989, citing 2 CJS 1310].
Law Dict., 2000 Ed., p. 139].
Doctrine of strained relations. Labor.
Doctrine of primary jurisdiction. (The (The rule) that where reinstatement is
doctrine that holds that) if the case is not feasible, expedient or practical, as
such that its determination requires the where reinstatement would only
expertise, specialized skills and exacerbate the tension and strained
knowledge of the proper administrative relations between the parties, or where

185
the relationship between the employer delivery of goods, or any other

and employee has been unduly strained document used in the ordinary course of
by reason of their irreconcilable business in the sale or transfer of
differences, particularly where the goods, as proof of the possession or
illegally dismissed employee held a control of the goods, or authorizing or
managerial or key position in the purporting to authorize the possessor of
company, it would be more prudent to the document to transfer or receive,
order payment of separation pay instead either by endorsement or by delivery,
of reinstatement. [Quijano v. Mercury goods represented by such document.
Drug Corp., GR 126561. July 8, 1998]. [Art. 1619, CC].
Document. Rem. Law. 1. A deed, Doing business. 1. Soliciting orders,

instrument or other duly authorized purchases, service contracts, opening
paper by which something is proved, offices, whether called liaison offices or
evidenced or set forth. Any instrument branches; appointing representatives or
authorized by a notary public or a distributors who are domiciled in the
competent public official, with the Philippines for a period or periods
solemnities required by law, is a public totaling one hundred eighty (180) days
document. [Bermejo v. Barrios, GR L- or more; participating in the
23614. Feb. 27, 1970]. 2. Any substance management, supervision or control of
having any matter expressed or any domestic business firm, entity or
described upon it by marks capable of corporation in the Philippines, and any
being read. [Francisco, Evidence, Vol. other act or acts that imply a continuity
VII, Part 1, 1997 Ed., p. 129]. of commercial dealings or arrangements
and contemplate to that extent the
Document. Trust Receipts Law. Written performance of acts or works, or the
or printed evidence of title to goods. exercise of some of the functions
[Sec. 3, PD 115]. normally incident to, and in progressive
prosecution of, commercial gain or of
Documentary bill. Nego. Inst. One to the purpose and object of the business
which are attached documents of title organization. [Art. 44, EO 226, July 16,
delivered and surrendered to the 1987]. 2. A continuity of commercial
drawee when he accepts or pays the dealings and arrangements, and
bill. [Diaz, Bus. Law Rev., 1991 Ed., p. contemplates to that extent, the
365]. performance of acts or words or the
exercise of some of the functions
Documentary evidence. Documents as normally incident to, and in progressive
evidence consisting of writings or any prosecution of, the purpose and object
material containing letters. words, of its organization. [Mentholatum v.
numbers, figures, symbols or other Mangaliman, 72 Phil. 524 (1941);
modes of written expressions offered as Moreno, Phil. Law Dict., 2nd Ed., 1972,
proof of their contents. [Sec. 2, Rule p. 186].
130, RoC]. Compare with Testimonial
evidence. Doing or transacting an insurance
business. This includes (a) making or
Documented migrant workers. (a) proposing to make, as insurer, any
Those who possess valid passports and insurance contract; (b) making or
visas or permits to stay in the host proposing to make, as surety, any
country and whose contracts of contract of suretyship as a vocation and
employment have been processed by not as merely incidental to any other
the POEA if required by law or legitimate business or activity of the
regulation; or (b) Those registered by surety; (c) doing any kind of business,
the Migrant Workers and Other including a reinsurance business,
Overseas Filipinos Resource Center or specifically recognized as constituting
by the Embassy. [Sec. 2, IRR, RA 8042]. the doing of an insurance business
within the meaning of the Insurance
Document of title to goods. Any bill of Code; (d) doing or proposing to do any
lading, dock warrant, quedan, or business in substance equivalent to any
warehouse receipt or order for the of the foregoing in a manner designed

186
to evade the provisions of the Insurance with the provisions of RA 776, as

Code. amended, shall, to all intents and
purposes, be classified as a domestic air
Dolo. Sp. Fraud or malice. A conscious carrier. [Sec. 3, RA 776].
and intentional design to evade the
normal fulfillment of existing obligations. Domestic air commerce. Air commerce
[Luzon Brokerage v. Maritime Building, within the limits of the Philippine
GR L-25885. Aug. 18, 1972, citing territory. [Sec. 3, RA 776].
Capistrano, Civil Code of the Phil., Vol.
3. p. 38]. Domestic air transportation. Air
transportation within the limits of the
Dolo causante. Sp. Causal fraud. 1. A Philippine territory
deception employed by one party prior
to or simultaneous to the contract in Domestic corporation. A corporation
order to secure the consent of the incorporated under the laws of the
other. [Samson v. CA, GR 108245. Nov. Philippines. [Sec. 123, Corp. Code].
25, 1994]. 2. Those deceptions or Compare with Foreign corporation.
misrepresentations of a serious
character employed by one party and Domestic industry. The domestic
without which the other party would not producer, as a whole, of like or directly
have entered into the contract. competitive products manufactured or
[Geraldez v. CA, GR 108253. Feb. 23, produced in the Philippines or those
1994]. whose collective output of like or
directly competitive products constitutes
Dolo incidente. Sp. Incidental fraud. a major proportion of products. [Sec. 4,
Those which are not serious in character RA 8800].
and without which the other party would
still have entered into the contract.. Domestic or household services.
[Geraldez v. CA, GR 108253. Feb. 23, Service in the employer's home which is
1994]. usually necessary or desirable for the
maintenance and enjoyment thereof and
Domestic. 1. Persons usually living under includes ministering to the personal
the same roof, pertaining to the same com-fort and convenience of the
house, and constituting, in this sense, a members of the employer's household,
part thereof, distinguishing it from the including services of family drivers. [Art.
term servant whereby a person serving 141, LC].
another on a salary is designated.
[People v. Alvarez, GR 34644, Jan. 17, Domestic servant. See Househelper.
1974, 55 SCRA p. 92]. 2. A person
usually living under the same roof, Domestic ship operator or owner. A
pertaining to the same house, and citizen of the Philippines, or a
constituting, in this sense, a part commercial partnership wholly owned
thereof. [US v. Arlante, GR L-3859. Jan. by Filipinos, or a corporation at least
15, 1908]. sixty percent (60%) of the capital of
which is owned by Filipinos, which is
Domestic Adoption Act 0f 1998. RA duly authorized by the Maritime Industry
8552 entitled An Act establishing the Authority (MARINA) to engage in the
rules and policies on the domestic business of domestic shipping. [Sec. 3,
adoption of Filipino children and for RA 9295].
other purposes enacted on Feb. 25,
1998. Domestic shipping. The transport of
passenger or cargo, or both, by ships
Domestic air carrier. An air carrier who duly registered and licensed under
is a citizen of the Philippines: Provided, Philippine law to engage in trade and
That an air carrier who is not a citizen of commerce between Philippine ports and
the Philippines but who may be allowed within Philippine territorial or internal
to engage in domestic and/or foreign air waters, for hire or compensation, with
transportation, or domestic and/or general or limited clientele, whether
foreign air commerce, in accordance permanent occasional or incidental, with

187
or without fixed routes, and done for 119976. Sep. 18, 1995, citing 28 CJS
contractual or commercial purposes. 7].
[Sec. 3, RA 9295].
Domicile of choice. The place which the
Domestic trade. The sale, barter or person has elected and chosen for
exchange of goods, materials or himself to displace his previous
products within the Philippines. [Sec. 3, domicile; it has for its true basis or
RA 9295]. foundation the intention of the person.
[Romualdez-Marcos v. Comelec, GR
Domicile. 1. That place in which a 119976. Sep. 18, 1995, citing 28 CJS,
person's habitation is fixed, with-out any 6].
present intention of removing
therefrom, and that place is properly the Domicile of origin. The domicile of his
domicile of a person in which he has parents, or of the head of his family, or
voluntarily fixed his abode, or of the person on whom he is legally
habitation, not for a mere special or dependent at the time of his birth. While
temporary purpose, but with a present the domicile of origin is generally the
intention of making it his permanent place where one is born or reared, it
home. [Romualdez-Marcos v. Comelec, maybe elsewhere. [Romualdez-Marcos
GR 119976. Sep. 18, 1995, citing 28 CJ v. Comelec, GR 119976. Sep. 18, 1995,
S. 1]. 2. A fixed permanent residence citing 28 CJS 5].
to which when absent for business, or
pleasure, or for like reasons one intends Domiciliary principle. Also Nationality
to return, and depends on facts and principle. The taxation of the same
circumstances, in the sense that they items by the country of residence or
disclose intent. [Ong Huan Tin v. Rep., nationality of the taxpayer. [Comm. of
19 SCRA 966, 969]. 3. The permanent Int. Rev. v. Procter & Gamble Phil., GR
residence of a person; a place to which, 66838. Dec. 2, 1991]. Compare with
even if he were temporary absence, he Source or situs rule.
intend to return. In law, it is said that a
person may have many residences but Domiciliary theory. The theory that
only one domicile. [Duhaime's Legal personal status, in general, is
Dict., 2004]. See Residence. determined by and/or subject to the
jurisdiction of the domiciliary law. [Ellis
Domicile by choice. Elements in order v. Rep., GR L-16922. Apr. 30, 1963].
to acquire a new domicile by choice: See Nationality theory.
There must concur (1) residence or
bodily presence in the new locality, (2) Domicilium necesarium. Lat. Domicile
an intention to remain there, and (3) an by operation of law. [Romualdez-Marcos
intention to abandon the old domicile. v. Comelec, GR 119976. Sep. 18, 1995].
In other words, there must basically be
animus manendi coupled with animus Domicilium originis. Lat. Domicile of
non revertendi. The purpose to remain origin. The common case of the place of
in or at the domicile of choice must be birth. [Romualdez-Marcos v. Comelec,
for an indefinite period of time; the GR 119976. Sep. 18, 1995].
change of residence must be voluntary;
and the residence at the place chosen Domicilium proprio motu. Lat. That
for the new domicile must be actual. domicile which is voluntarily acquired by
[Romualdez v. RTC Br. 7, Tacloban City, a party. [Romualdez-Marcos v. Comelec,
GR 104960. Sep. 14, 1993]. GR 119976. Sep. 18, 1995].
Domicile by operation of law. It Domicilium voluntarium. Lat. Domicile

attributes to a person a domicile of ones own choosing. [Romualdez-
independent of his own intention or Marcos v. Comelec, GR 119976. Sep.
actual residence, ordinarily resulting 18, 1995].
from legal domestic relations, as that of
the wife arising from marriage, or the Dominancy test. The test in determining
relation of a parent and a child. whether colorable imitation exists which
[Romualdez-Marcos v. Comelec, GR focuses on the similarity of the

188
prevalent features of the competing Domino absoluto. Lat. Full ownership.

trademarks which might cause [Vidal v. Posadas, 58 Phil. 108; De
confusion or deception and thus Guzman v. Ibea, 67 Phil. 633]. Compare
constitutes infringement. If the with Nuda proprietas.
competing trademark contains the main
or essential or dominant features of Donation. Civ. Law. 1. An act of liberality
another, and confusion and deception is whereby a person disposes gratuitously
likely to result, infringement takes place. of a thing or right in favor of another,
Duplication or imitation is not necessary; who accepts it. [Art. 725, CC]. 2. There
nor it is necessary that the infringing is also a donation when a person gives
label should suggest an effort to imitate. to another a thing or right on account of
The question at issue in cases of the latter's merits or of the services
infringement of trademarks is whether rendered by him to the donor, provided
the use of the marks involved would be they do not constitute a demandable
likely to cause confusion or mistakes in debt, or when the gift imposes upon the
the mind of the public or deceive donee a burden which is less than the
purchasers. [Emerald Garment Mfg. value of the thing given. [Art. 726, CC].
Corp. v. CA, GR 100098. Dec. 29, 1995].
Compare with Holistic test. Donation. Civ. Law. Elements: There are
three essential elements of donations:
Dominant estate. The immovable in [1] the reduction of the patrimony of
favor of which the easement is the donor, [2] the increase in the
established. [Art. 613, CC]. See patrimony of the donee, and [3] the
Servient estate. intent to do an act of liberality (animus
donandi). [Tatoto v. Heirs of Kabalo
Dominion or dominium. The capacity Yusop, GR 74203. Apr. 17, 1990].
of the State to own or acquire property
such as lands and natural resources. Donation by reason of marriage. Civ.
[Separate Opinion, Kapunan, J., in Cruz Law. Also Donation propter nuptias.
v. Sec. of DENR, GR 135385, Dec. 6, Donation made before the celebration of
2000]. marriage, in consideration of the same,
and in favor of one or both of the future
Dominium. Lat. The capacity to own or spouses. [Art. 82, FC].
acquire property, including lands held by
the state in its proprietary capacity. Donation by reason of marriage. Civ.
[Suarez, Pol. Law Reviewer, 1st Ed., Law. Grounds for revocation: (a) If the
2002, p. 29]. Compare with Imperium. marriage is not celebrated or judicially
declared void ab initio except donations
Dominium directum. Lat. 1. Naked made in the marriage settlements,
ownership. [Alejandro v. Geraldez, GR which shall be governed by Art. 81, FC;
L-33849. Aug. 18, 1977]. 2. Bare (b) when the marriage takes place
ownership. [Gold Creek Mining Corp. v. without the consent of the parents or
Rodriguez, 66 Phil. 259]. guardian, as required by law; (c) when
the marriage is annulled, and the donee
Dominium est jus utendi et abutendi, acted in bad faith; (d) upon legal
re quatenus juris ratio potitur. Lat. separation, the donee being the guilty
Ownership is the right to use and abuse spouse; (e) if it is with a resolutory
ones property insofar as the law and condition and the condition is complied
reason permit. [Morenos Law Dict., with; (f) when the donee has committed
2000 Ed., p. 143]. an act of ingratitude as specified by the
provisions of the Civil Code on donations
Dominium plenum. Lat. Full ownership. in general. [Art. 86, FC].
[Alejandro v. Geraldez, GR L-33849.
Aug. 18, 1977]. Donation inter vivos. Civ. Law. A
donation which the donor intends to
Dominium utile. Lat. Beneficial take effect during the lifetime of the
ownership. [Gold Creek Mining Corp. v. donor, though the property shall not be
Rodriguez, 66 Phil. 259]. delivered till after the donor's death.
The fruits of the property from the time

189
of the acceptance of the donation, shall if the transferor survived the transferee.
pertain to the donee, unless the donor [Alejandro v. Geraldez, GR L-33849.
provides otherwise. [Art. 729, CC]. 2. Aug. 18, 1977].
Donation made without consideration
(of death or mortal peril), but out of the Donation propter nuptias. Civ. Law.
donor's pure generosity and the See Donation by reason of
recipient's desires, although the subject marriage.
matter is not delivered at once, or the
delivery is to be made post mortem, Donation, when inofficious. Civ. Law.
which is a simple matter of form and Donation that exceeds what he may
does not change the nature of the act, give or receive by will. [Art. 752, CC].
and such gifts are irrevocable, especially
if without a price and onerous in Donation, when revocable at the
character. [Balaqui v. Dongso, GR instance of the donor, by reason of
31161. Oct. 28, 1929]. ingratitude. Civ. Law. (a) If the donee
should commit some offense against the
Donation mortis causa. Civ. Law. 1. A person, the honor or the property of the
donation to take effect at the death of donor, or of his wife or children under
the donor. 2. A death-bed gift, made by his parental authority; (b) if the donee
a dying person, with the intent that the imputes to the donor any criminal
person receiving the gift shall keep the offense, or any act involving moral
thing if death ensues. Such a gift is turpitude, even though he should prove
exempted from the estate of the it, unless the crime or the act has been
deceased as property is automatically committed against the donee himself,
conveyed upon death. 3. This donation his wife or children under his authority;
partakes of the nature of testamentary (c) if he unduly refuses him support
provisions, and shall be governed by the when the donee is legally or morally
rules of succession. [Art. 728, CC]. 4. A bound to give support to the donor.
donation made, as its name implies, in [Art. 765, CC].
consideration of death or mortal peril,
without the donor's intention to lose the Donation, when void. Civ. Law. (a)
thing or its free disposal in case of Donations between husband and wife;
survival, as in testamentary dispositions. (b) those made between persons who
[Balaqui v. Dongso, GR 31161. Oct. 28, were guilty of adultery or concubinage
1929]. 5. A death-bed gift, made by a at the time of the donation; (c) Those
dying person, with the intent that the made between persons found guilty of
person receiving the gift shall keep the the same criminal offense, in
thing if death ensues. Such a gift is consideration thereof; (d) those made to
exempted from the estate of the a public officer or his wife, descendants
deceased as property is automatically and ascendants, by reason of his office.
conveyed upon death. [Duhaime's Legal [Art. 133 and 739, CC].
Dict., 2004].
Donde quiera su fije de residencia.
Donation mortis causa. Also Sp. Wherever (the husband) wishes to
Disposition post mortem. Civ. Law. establish residence. This (phrase)
Characteristics: (a) The transfer conveys contemplates only actual residence
no title or ownership to the transferee because it refers to a positive act of
before the death of the transferor, of fixing a family home or residence.
the transferor (meaning testator) retains [Romualdez-Marcos, GR 119976. Sep.
the owner-ship, full or naked (domino 18, 1995].
absoluto or nuda proprietas) [Vidal v.
Posadas, 58 Phil. 108; De Guzman v. Donee. Beneficiary of a trust. The person
Ibea, 67 Phil. 633]; (b) the transfer is who is the recipient of a power of
revocable before the transferor's death attorney; the person who would have to
and revocability may be provided for exercise the power of attorney.
indirectly by means of a reserved power [Duhaime's Legal Dict., 2004].
in the donor to dispose of the properties
conveyed [Bautista v. Sabiniano, 92 Phil. Donor. The person who donates property
244]; and (c) the transfer would be void to the benefit of another, usually

190
through the legal mechanism of a trust. jeopardy must be for the same offense,
[Duhaime's Legal Dict., 2004]. or the second offense includes or is
necessarily included in the offense
Dormant partner. A partner who does charged in the first information, or is an
not take active part in the business of attempt to commit the same or is a
the partnership and at the same time frustration thereof. [People v. Puno, 208
not known as a partner. [Diaz, Bus. Law SCRA 550, 557. May 8, 1992].
Rev., 1991 Ed., p. 189].
Double renvoi. Intl. Law. The referral by
Double costs. Costs (other than treble the forum court to the conflict rules,
costs) which may be imposed on the including the renvoi rules) of a foreign
plaintiff or appellant, where an action or state. Thus the forum court applies the
an appeal is found to be frivolous, to be law specified by the foreign conflicts
paid by his attorney, if so ordered by rules, including the foreign renvoi rules,
the court. [Sec. 3, Rule 143, RoC]. in an effort to render the decision,
which the foreign court would render if
Double donations. Civ. Law. Donations it were seized of the case. [Tetley,
of the same thing to two or more Glossary of Conflict of Laws, 2004].
different donees which shall be
governed by the provisions - Art. 1544 Double sale. The sale of the same thing
of the Civil Code - concerning the sale of to different vendees, where the
the same thing to two or more different ownership shall be transferred to the
persons. [Art. 744, CC]. person who may have first taken
possession thereof in good faith, if it
Double insurance. It exists where the should be movable property. Should it
same person is insured by several be immovable property, the ownership
insurers separately in respect to the shall belong to the person acquiring it
same subject and interest. [Sec. 93, IC]. who in good faith first recorded it in the
Registry of Property. Should there be no
Double insurance. Requisites. (a) The inscription, the ownership shall pertain
person insured must be the same; (b) to the person who in good faith was first
there must be several insurers; (c) the in the possession; and, in the absence
subject matter insured must be the thereof, to the person who presents the
same; (d) the interest insured must also oldest title, provided there is good faith.
be the same; and (e) the risk insured [Art. 1544, CC].
against must be the same. [Tiopianco,
Commentaries & Jurisp. on the Ins. Double share for full blood
Code of the Phil., 1999 Ed., p. 93]. collaterals rule. The rule that should
brother and sisters of the full blood
Double jeopardy. Putting a person on survive together with brothers and
trial more than once for the same crime. sisters of the half blood, the former shall
[Glossary of Legal Terms (Pro-Se), be entitled to a share double that of the
2004]. latter. [Art. 1006, CC].
Double jeopardy. 1. Requisites: (a) The Double taxation. 1. Taxing the same
previous complaint or information or person twice by the same jurisdiction for
other formal charge is sufficient in form the same thing. [Victorias Milling Co. v.
and substance to sustain a conviction: Mun. of Victorias, Negros Occ., 25 SCRA
(b) the court has jurisdiction to try the 192 (1968)]. 2. Additional taxes laid on
case; (c) the accused has been the same subject by the same taxing
arraigned and has pleaded to the jurisdiction during the same taxing
charge; and (d) the accused is convicted period and for the same purpose. [Cruz,
or acquitted or the case is dismissed Constl. Law, 1998 Ed., p. 89, citing
without his express consent. [Navallo v. Cooley on Taxation, Vol. I, 4th Ed., p.
Sandiganbayan, GR 97214. July 18, 48].
1994]. 2. Elements: (a) A first jeopardy
must have attached prior to the second; Do ut des. Lat. I give that you give.
(b) the first jeopardy must have been [Torres, Oblig. & Cont., 2000 Ed., p.
validly terminated; and (c) the second 169].

191
claims against it. [Cruz, Intl. Law

Do ut facias. Lat. I give that you make Reviewer, 1996 Ed., p. 56].
(or do). [Torres, Oblig. & Cont., 2000
Ed., p. 169]. Drawee. The person to whom the bill of
exchange is addressed and who is
Downstream oil industry (DOI). The ordered to pay. He becomes an
business of importing, exporting, re- Acceptor when he indicates his
exporting, shipping, trans-porting, willingness to pay the bill. [Claridades,
processing, refining, storing, A., Compilation of Notes, 2001-2006].
distributing, marketing and/or selling
crude oil, gasoline, diesel, liquefied Drawer. The person who gives the order
petroleum gas (LPG), kerosene, and to pay money to a third party.
other petroleum products. [Sec. 4, RA [Claridades, A., Compilation of Notes,
8479]. 2001-2006].
Downstream Oil Industry Drinking water. Water intended for

Deregulation Act of 1998. RA 8479 human consumption or for use in food
entitled An Act deregulating the preparation. [Sec 4, RA 9275].
downstream oil industry, and for other
purposes enacted on Feb. 10, 1998. Drive-in-net. See Muro-ami.
Draft. Comml. Law. A bill of exchange Drug dependence. 1. As based on the

payable on demand and drawn for the World Health Organization (WHO)
purpose of collecting for the drawers definition, it is a cluster of physiological,
own use and account a sum of money behavioral and cognitive phenomena of
due him from the drawee. A sight draft variable intensity, in which the use of
is one for the immediate collection of psychoactive drug takes on a high
money. [Martin, Commentaries and priority thereby involving, among others,
Jurisp. on Comml. Laws, Vol. 1, 1988 a strong desire or a sense of compulsion
Rev. Ed., p. 70]. to take the substance and the difficulties
in controlling substance-taking behavior
Draft animal power. Power provided by in terms of its onset, termination, or
the carabao as a farm animal. [Sec. 3, levels of use. [Sec 3, RA 9165]. 2. A
RA 7307]. state of psychic or physical dependence,
or both, on a dangerous drug, arising in
Dragnet clause. 1. The mortgage a person following administration or use
provision in American jurisprudence of that drug on a periodic or continuous
which is specifically phrased to subsume basis. [People v. Dichoso, GR 101216-
all debts of past or future origin. Such 18. June 4, 1993].
clauses are "carefully scrutinized and
strictly construed. [Phil. Bank of Drug establishment. Any organization
Communications v. CA, GR 118552. Feb. or company involved in the
5, 1996, citing 55 Am Jur 2d, manufacture, importation, repacking
Mortgages, 142, 283-284]. 2. and/or distribution of drugs or
Provision in a mortgage in which a medicines. [Sec. 3, RA 6675].
mortgagor gives security for past and
future advances as well as present Drug or pharmaceutical laboratory.
indebtedness. [Blacks Law Dict., Abr. Also Pharmaceutical manufacturing
5th Ed. (1983), p. 258]. laboratory. An establishment where
pharmaceuticals, proprietary medicines
Drago doctrine. Intl. Law. The doctrine or pharmaceutical specialties are
that a public debt cannot give rise to prepared, compounded, standardized
the right of intervention. It was and distributed or sold. [Sec. 42, RA
formulated by Foreign Minister Drago of 5921].
Argentina in 1902 when Great Britain,
Italy and Germany established a Drug outlets. Drugstores, pharmacies,
blockade against Venezuela in order to and any other business establishments
enforce certain contractual and other which sell drugs or medicines. [Sec. 3,
RA 6675].

192
establishments and the educational

Drug product. The finished product form institution share the responsibility of
that contains the active ingredients, providing the trainee with the best
generally but not necessarily in possible job qualifications, the former
association with inactive ingredients. essentially through practical training and
[Sec. 3, RA 6675]. the latter by securing an adequate level
of specific, general and occupation-
Drugs. 1. Articles intended for use in the related theoretical instruction. The word
diagnosis, cure, mitigation, treatment, "dual" refers to the two parties
or prevention of disease in man or other providing instruction: the concept
animals. 2. Articles (other than food) "system" means that the two instructing
intended to affect the structure or any parties do not operate independently of
function of the body of man or animals. one another, but rather coordinate their
[Art. 4, RA 7394]. efforts. [Sec. 4, RA 7796].
Drug syndicate. Any organized group of Dual Training System Act of 1994. RA
two (2) or more persons forming or 7796 entitled An Act to strengthen
joining together with the intention of manpower education and training in the
committing any offense prescribed Philippines by institutionalizing the dual
under RA 9165. [Sec 3, RA 9165]. training system as an instructional
delivery system of technical and
Drunkenness. A state of the mind, which vocational education and training,
depends upon the tolerance of a person providing the mechanism, appropriating
to alcoholic drinks and which is relative funds therefor and for other purposes
in every individual. [Morenos Law Dict., enacted on Feb. 25, 1994.
2000 Ed., p. 145].
Duces tecum. Lat. Bring with you. Used
Drydock. A dock from which the water most frequently for a species of
can be temporarily excluded, in order to subpoena (as in Subpoena duces tecum)
effect repairs to hulls and keels of ships which seeks not so much the
or vessels. [Sec. 3, PD 857]. appearance of a person before a court
of law, but the surrender of a thing (e.g.
Dual system/training. A delivery a document or some other evidence) by
system of quality technical and its holder, to the court, to serve as
vocational education which requires evidence in a trial. [Duhaime's Legal
training to be carried out alternately in Dict., 2004].
two venues: In school and in the
production plant. In-school training Duct system. A continuous passageway
provides the trainee the theoretical for the transmission of air. [Sec. 3, PD
foundation, basic training, guidance and 1185].
human formation, while in-plant training
develops his skills and proficiency in Due. 1. The word is only equivalent to or
actual work conditions as it continues to synonymous with "payable. 2. With
inculcate personal discipline and work reference to taxes, it implies that such
values. [Sec. 1, IRR, RA 7796]. taxes are then "owing, collectible or
matured. 3. The debt or obligation to
Dual training system. An instructional which it is applied has by contract or
delivery system of technical and operation of law become immediately
vocational education and training that payable, but in another sense it denotes
combines in-plant training and in- school the existence of a simple indebtedness,
training based on a training plan without reference to the time payment,
collaboratively designed and in which it is synonymous with 'owing'
implemented by an accredited dual and includes all debts whether payable
system educational institution/training in praesenti or in futuro." [Comm. of
center and accredited dual system Int. Rev. v. Visayan Electric Co., GR L-
agricultural, industrial and business 22611. May 27, 1968, citing 13-A Words
establishments with prior notice and and Phrases, pp. 107, 109, 110].
advice to the local government unit
concerned. Under this system, said

193
Due and payable (on a specified due process. [Century Textile Mills v.
date). The phrase means the debt or NLRC, 161 SCRA 528, 535].
obligation to which it is applicable is
then immediately payable. [Comm. of Due process of law. Pol. Law.
Int. Rev. v. Visayan Electric Co., GR L- Requisites: (a) There must be a court of
22611. May 27, 1968]. tribunal clothed with judicial power to
hear and determine the matter before
Due bill. Comml. Law. An instrument it; (b) jurisdiction must be lawfully
whereby one person acknowledges his acquired over the person of the
indebtedness to another. [Diaz, Bus. defendant or over the property which is
Law Rev., 1991 Ed., p. 379]. the subject of the proceeding; (c) the
defendant must be given an opportunity
Due execution. The fact that the to be heard; and (d) judgment must
document was signed voluntarily and rendered upon lawful hearing. [El Banco
knowingly by the party whose signature Espaol-Filipino v. Palanca, GR L-11390.
appears thereon. [Claridades, A., Mar. 26, 1918].
Compilation of Notes, 2001-2006]. See
Genuineness. Dumping. 1. Any unauthorized or illegal
disposal into any body of water or land
Duel. 1. An agreement to fight under of wastes or toxic or hazardous
determined conditions and with the material: Provided, That it does not
participation and intervention of mean a release of effluent coming from
seconds, who fix such conditions. [US v. commercial, industrial, and domestic
Navarro, GR L-1878. Mar. 9, 1907]. 2. A sources which are within the effluent
formal or regular combat previously standards. [Sec 4, RA 9275]. 2. Any
consented between two parties in the deliberate disposal at sea and into
presence of two or more seconds of navigable waters of wastes or other
lawful age on each side, who make the matter from vessels, aircraft, platforms
selection of arms and fix all the other or other man-made structures at sea,
conditions of the fight to settle some including the disposal of wastes or other
antecedent quarrel. [Gregorio, Fund. of matter directly arising from or related to
Crim. Law Rev., 1997 9th Ed., p. 655, the exploration, exploitation and
citing Viada, p. 191]. associated off-shore processing of sea
bed mineral resources unless the same
Duel, participation in a. Crim. Law. The is permitted and/or regulated under PD
felony committed by any person who 979. [Sec. 3, PD 979]. 3. Selling
shall kill his adversary in a duel, or inflict exported goods at prices below their
upon the latter physical injuries only, or normal value. [Intl. Law Dict. & Direct.,
in any other case, although no physical 2004].
injuries have been inflicted, and the
seconds who shall in all events be Dumping duty. A duty levied on
punished as accomplices. [Art. 260, imported goods where it appears that a
RPC]. specific kind or class of foreign article is
being imported into or sold or is likely to
Due process of law. Pol. Law. 1. In a be sold in the Philippines at a price less
criminal prosecution, due process than its fair value. [Sec. 301, TCC].
consists of a law creating or defining the
offense, an impartial tribunal of Dunnage. A term related to the placing
competent jurisdiction, accusation in of lumber under the cargo to protect the
due form, notice and opportunity to same from the water coming into the
defend, trial according to established hold of the vessel or in between the
procedure, and discharge unless found different parcels of cargo to prevent
guilty. [People v. Lumague, GR 53586. them from injuring each other. [First
Jan. 30, 1982, citing 16 CJS 617]. 2. Plywood Corp., GR 84460. Nov. 13,
Fundamental fairness. [Anzaldo v. 1992, citing 13 Words and Phrases,
Clave, GR L-54597. Dec. 15, 1982]. 3. 631].
The twin requirements of notice and
hearing constitute essential elements of Duodenal ulcer. See Stomach ulcer.

194
Duplex. A house which has separate but mislead the judge or any judicial officer
complete facilities to accommodate two by an artifice or false statement of fact
families as either adjacent units or one or law; (e) to maintain inviolate the
on top of the other. [Duhaime's Legal confidence, and at every peril to
Dict., 2004]. himself, to preserve the secrets of his
client, and to accept no compensation in
Duplicate original. A signed carbon connection with his client's business
copy or duplicate of a document except from him or with his knowledge
executed at the same time as the and approval; (f) to abstain from all
original (which) may be introduced in offensive personality and to advance no
evidence without accounting for the fact prejudicial to the honor or
non-production of the original. But, an reputation of a party or witness, unless
unsigned and uncertified document required by the justice of the cause with
purporting to be a carbon copy is not which he is charged; (g) not to
competent evidence. It is because there encourage either the commencement or
is no public officer acknowledging the the continuance of an action or
accuracy of the copy. [Vallarta v. CA, GR proceeding, or delay any man's cause,
L-36543. July 27, 1988]. from any corrupt motive or interest; (h)
never to reject, for any consideration
Dura lex sed lex. Lat. The law is hard personal to himself, the cause of the
but such is the law. [Claridades, A., defenseless or oppressed; (i) in the
Compilation of Notes, 2001-2006]. defense of a person accused of crime,
by all fair and honorable means,
Duress. 1. Force, violence or pressure regardless of his personal opinion as to
which induces a person to act in a the guilt of the accused, to present
manner contrary to his own wish. every defense that the law permits, to
[Torres, Oblig. & Cont., 2000 Ed., p. the end that no person may be deprived
349]. 2. A situation under which a of life or liberty, but by due process of
person is prevented from acting (or not law. [Sec. 20, Rule 138, RoC].
acting) according to his free will, by
threats or force of another. Contracts Duty. The word ordinarily `means an
signed under duress are voidable. indirect tax, imposed on the
[Duhaime's Legal Dict., 2004]. importation, exportation, or
consumption of goods. [Garcia v. Exec.
Dust. A finely powdered substance which, Sec., GR 101273. July 3, 1992, citing
when mixed with air in the proper Cooley, on Taxation, p. 3].
proportion and ignited will cause an
explosion. [Sec. 3, PD 1185]. Duty free shop. A retail establishment
located within the premises of
Duster. 1. House dress. [People v. International ports of entry, airport or
Sadang, GR 105378. June 27, 1994]. 2. seaport, authorized to sell tax and duty-
A loose kind of dress. [People v. Arizala, free merchandise, consisting of
GR 59713. Mar. 15, 1982.] consumables and light durables, for the
convenience of travelers. Such
Duties of attorneys. It is the duty of an establishments have been introduced to
attorney: (a) To maintain allegiance to special economic zones in Subic and
the Republic of the Philippines and to Clark on contention that these are
support the Constitution and obey the permissible on free port areas. [Customs
laws of the Philippines; (b) to observe Admin. Order 3-95, Dec. 6, 1995].
and maintain the respect due to the
courts of justice and judicial officers; (c) Duty to bargain collectively. The
to counsel or maintain such actions or performance of a mutual obligation to
proceedings only as appear to him to be meet and convene promptly and
just, and such defenses only as he expeditiously in good faith for the
believes to be honestly debatable under purpose of negotiating an agreement
the law; (d) to employ, for the purpose with respect to wages, hours of work
of maintaining the causes confided to and all other terms and any grievances
him, such means only as are consistent or questions arising under such
with truth and honor, and never seek to agreement and executing a contract

195
incorporating such agreements if subject of inquiry [People v. Clamor,

requested by either party, but such duty 198 SCRA 642 (1991)].
does not compel any party to agree to a
proposal or to make any concession. Dyspareunia. Legal Med. Painful sexual
[Art. 252, LC]. intercourse in women. [Olarte, Legal
Med., 1st Ed. (2004), p. 115].
Dwelling. 1. A building designed or used
as residence for one or more families.
[Sec. 3, BP 220]. 2. A building or
structure, exclusively used for rest and
comfort. [People v. Joya, GR 79090.
Oct. 1, 1993, citing Reyes, The Rev.
Penal Code, Vol. I, 1981 Ed., 336].
Dwelling house. 1. An entire thing; it

includes the buildings, and such
attachments as are usually occupied and
used for the family for the ordinary
purposes of a house. [Caudal v. CA, GR
83414. July 31, 1989, citing Chase v.
Hamilton Ins. Co., 20 N.Y. 52]. 2. In
law, it may embrace the dwelling itself
and such buildings as are used in
connection with it. [Ibid, citing 28 CJS
19 Ala App 476].
Dwelling unit. A house and lot used for

residential purposes and shall include
not only buildings, parts or units thereof
used solely as dwelling places, except
motels, or hotel rooms; but also those
used for home industries or retail stores
if the owner thereof and his family
actually live therein and use it principally
for dwelling purposes. [Sec. 2, RA 6359;
Sec. 2, RA 6126].
Dying declaration. The declaration of a

dying person, made under the
consciousness of an impending death
with respect to the cause and
surrounding circumstances of such
death, which is admissible as an
exception to the hearsay rule. [People v.
Apolinario, GR 97426. June 3, 1993;
Sec. 37, Rule 130, RoC]. Also known as
Ante mortem statement or
Statement in articulo mortis.
Dying declaration. Requisites: (a) The

declaration must concern the cause and
surrounding circumstances of the
declarant's death; (b) the declarant, at
the time the declaration was made, was
under the consciousness of an
impending death; (c) the declarant is
competent as a witness; and (d) the
declaration is offered in a criminal case
wherein the declarant's death is the

196
wherein parties and their lawyers are

brought together early in a pre-trial
phase to present summaries of their
cases and receive a non-binding
assessment by an experienced, neutral
person, with expertise in the subject in
the substance of the dispute. [Sec. 3,
RA 9285].
Earned surplus. See Retained

earnings.
Earnest money. Also Arras. A statutory

rule that whenever ear-nest money is
given in a contract of sale, it shall be
considered as part of the price and as
proof of the perfection of the contract.
[Art. 1482, CC]. It constitutes an
-E- advance payment and must, there-fore,

be deducted from the total price. Also,
earnest money is given by the buyer to
Earliest opportunity. The general rule the seller to bind the bargain. [Adelfa
is that the question of constitutionality Properties v. CA, GR 111238. Jan. 25,
must be raised at the earliest 1995].
opportunity, so that if not raised by the
pleadings, ordinarily it may not be Earnings. A general term embracing
raised at the trial, and if not raised in revenue profit, or income. [RCPI v.
the trial court, it will not be considered National Wages Council, GR 93044. Mar.
on appeal. [People v. Vera, 37 Off, Gaz, 26, 1992].
164 citing 12 CJ 786].
Easement. Also Servitude. 1. An
Earliest opportunity. Exceptions: (a) In encumbrance imposed upon an
criminal cases where the question may immovable for the benefit of another
be raised at any stage of the immovable belonging to a different
proceedings, either in the trial court or owner. [Art. 613, CC]. 2. A real right on
on appeal; (b) in civil cases where it is another's property, corporeal and
the duty of the court to pass upon the immovable, whereby the owner of the
constitutional question, although raised latter must refrain from doing or
for the first time on appeal, if it appears allowing somebody else to do or
that a determination of the question is something to be done on his property,
necessary to a decision of the case; and for the benefit of another person or
(c) it has also been held that a tenement. [Quimen v. CA, GR 112331.
constitutional question will be May 29, 1996, citing 3 Sanchez Roman
considered by an appellate court at any 472]. 3. A right of passage over a
time, where it involves the jurisdiction of neighbor's land or waterway. An
the court below. [People v. Vera, 37 Off, easement is a type of servitude. For
Gaz, 164 citing 12 CJ 786]. every easement, there is a dominant
and a servient tenement. Easements are
Early childhood care and also classified as negative (which
development (ECCD) system. The prevents the servient land owner from
full range of health, nutrition, early doing certain things) or affirmative
education and social services pro-grams easements (the most common, which
that provide for the basic holistic needs allows the beneficiary of the easement
of young children from birth to age six to do certain things, such as a right-of-
(6), to pro-mote their optimum growth way). Although right-of-ways are the
and development. [Sec. 4, RA 8980]. most common easements, there are
many others such as rights to tunnel
Early neutral evaluation. An alternative under another's land, to use a
dispute resolution (ADR) process washroom, to emit smoke or fumes, to

197
pass over with transmission towers, to revive if the subsequent condition of the
access a dock and to access a well. estates or either of them should again
[Duhaime's Legal Dict., 2004]. permit its use, unless when the use
becomes possible, sufficient time for
Easement of light. Also Jus luminum. prescription has elapsed, in accordance
The right to pierce the wall of one's with the provisions of the preceding
neighbor to open a window through number; (d) by the expiration of the
which the light may enter one's house. term or the fulfillment of the condition,
[Cortes v. Yu-Tibo, GR 911. Mar. 12, if the easement is temporary or
1903]. conditional; (e) by the renunciation of
the owner of the dominant estate; (f) by
Easement of right of way. Requisites the redemption agreed upon between
for claiming thereof: (a) The estate is the owners of the dominant and
surrounded by other immovables and is servient estates. [Art. 631, CC].
without adequate outlet to a public
highway; (b) after payment of the ECC. See Employees' Compensation
proper indemnity; (c) the isolation was Commission or Environmental
not due to the proprietor's own acts; Compliance Certificate.
and (d) the right way claimed is at a
point least prejudicial to the servient ECCD. See Early childhood care and
estate, and in so far as consistent with development (ECCD) system.
this rule, where the distance from the
dominant estate to a public highway ECCD curriculum. The age-appropriate
may be the shortest. [Locsin v. Climaco, and developmentally appropriate
(26 SCRA 836)]. educational objectives, pro-gram of
activities, organized learning
Easement of right of way. Requisites experiences and recommended learning
for a valid grant: (a) The dominant materials for children that are
estate is surrounded by other implemented by service providers
immovables without an adequate outlet through center and home-based
to a public highway; (b) the dominant programs. [Sec. 4, RA 8980].
estate is willing to pay the proper
indemnity; (c) the isolation was not due ECCD service providers. The various
to the acts of the dominant estate; and, professionals, paraprofessionals, and
(d) the right of way being claimed is at volunteer caregivers who are directly
a point least prejudicial to the servient responsible for the care and education
estate. [Costabella Corp. v. CA, GR of young children through the various
80511, Jan. 25, 1991, 193 SCRA 333, center and home-based programs. [Sec.
citing Locsin v. Climaco, GR L-27319, 4, RA 8980].
Jan. 31, 1969, 26 SCRA 816, Angela
Estate v. CFI of Negros Occ., GR L- Ecclesiastical corporation. A
27084, July 31, 1968, 24 SCRA 500, corporation organized fore religious
Bacolod Murcia Milling v. Capitol purposes. [Sec. 109, Corp. Code].
Subdivision, GR L-25887, July 26, 1966, Compare with Lay corporation.
17 SCRA 731].
Ecclesiastical law. See Canon law.
Easements, how extinguished. (a) By
merger in the same person of the Eclecticism. Theory that international
ownership of the dominant and servient law is derived from both natural law
estates; (b) by nonuser for ten years; (because certain rights and duties are
with respect to discontinuous inherent) and positive law (because the
easements, this period shall be obligation to observe international law is
computed from the day on which they voluntary). [Intl. Law Dict. & Direct.,
ceased to be used; and, with respect to 2004].
continuous easements, from the day on
which an act contrary to the same took Eclectic theory. See Situs theory.
place; (c) when either or both of the
estates fall into such condition that the Ecological profile or eco-profile.
easement cannot be used; but it shall Geographic-based instruments for

198
planners and decision-makers which established a common external tariff.

presents an evaluation of the [Intl. Law Dict. & Direct., 2004].
environmental quality and carrying
capacity of an area. [Sec. 3, RA 7942]. Economic family-sized farm units. An
area of farm land that permits efficient
Ecology. The life-sustaining use of labor and capital resources of the
interrelationships and interactions of farm family and will produce an income
organisms with each other and with sufficient to provide a modest standard
their physical surroundings. [Sec. 3, RA of living to meet a farm family's needs
7611]. for food, clothing, shelter, and
education with possible allowance for
Economic abuse. Acts that make or payment of yearly installments on the
attempt to make a woman financially land, and reasonable reserves to absorb
dependent which includes, but is not yearly fluctuations in income. [Sec. 166,
limited to the following: (a) withdrawal RA 3844].
of financial support or preventing the
victim from engaging in any legitimate Economic family size fishpond. An
profession, occupation, business or area of fishpond that permits the
activity, except in cases wherein the sufficient use of labor and capital
other spouse/partner objects on valid, resources of a family and will produce
serious and moral grounds as defined in an income sufficient to provide a modest
Art. 73 of the Family Code; (b) standard of living to meet a family's
deprivation or threat of deprivation of need for food, clothing, shelter, health
financial resources and the right to the and education with allowance for
use and enjoyment of the conjugal, payment of yearly installments on the
community or property owned in area, and reasonable reserves to absorb
common; (c) destroying household yearly fluctuations in income. [Sec. 3,
property; 4. controlling the victims' own PD 43].
money or properties or solely controlling
the conjugal money or properties. [Sec. Economic life. The estimated period
3, RA 9262]. over which it is anticipated that a
machinery may profitably be utilized.
Economically important species. [Sec. 3, PD 464].
Species or subspecies which have actual
or potential value in trade or utilization Economic scale. The minimum quantity
for commercial purpose. [Sec. 5, RA or volume of goods required to be
9147]. efficient. [Sec. 4, RA 8435].
Economically repairable. That Economic strike. Labor. A strike which is

condition of supplies or property which to force wage or other concessions from
can still be repaired or rehabilitated at a the employer which he is not required
reasonable cost or that in which the cost by law to grant. [Consolidated Labor
of repair or rehabilitation would not Assoc. v. Marsman, 11 SCRA 589
exceed sixty per cent (60%) of the (1964)].
acquisition cost of the item to be
repaired/rehabilitated. Changes in Economic zone. The special economic
monetary rates should be considered in zones, industrial estates, ex-port
the computation of cost. [IRR on Supply processing zones and free trade zones
& Prop. Mgt., per Sec. 383, LGC]. as defined in RA 7916 or the PEZA Law.
[Sec. 3, RA 9239].
Economic and socialized housing. A
type of housing project provided to Economies of scale. The decrease in
moderately low in-come families with unit cost as more units are produced
lower interest rates and longer due to the spreading out of fixed costs
amortization periods. [Sec. 3, BP 220]. over a greater number of units
produced. [Sec. 4, RA 8435].
Economic community. A group of
states that have (a) eliminated trade Ecosystem. The ecological community
barriers between themselves and (b) considered together with non-living

199
factors and its environment as a unit. having more than one nationality shall
[Claridades, A., Compilation of Notes, be treated as if he had only one.
2001-2006]. Without prejudice to the application of
its law in matters of personal status and
Ecstasy. See Methylenedioxy- of any convention in force, a third State
methamphetamine. shall, of the nationalities which any such
person possesses, recognize exclusively
Education Act of 1982. BP 232 entitled in its territory either the nationality of
An Act providing for the establishment the country in which he is habitually and
and maintenance of an integrated principally resident or the nationality of
system of education enacted on Sept. the country with which in the
11, 1982. circumstances he appears to be in fact
most closely connected. [Frivaldo v.
Educational Assistance Act of 1976. Comelec, GR 87193. June 23, 1989].
PD 932, also known as the "Study Now
Pay Later Plan," signed into law on May Effective occupation doctrine. Intl.
13, 1976. Law. The nationals of the discovering
state, in its name or by its authority,
Educational community. Those must first take possession of the
persons or groups of persons as such or territory. Thereafter, they must establish
associated in institutions involved in thereon an organization or government
organized teaching and learning capable of making its laws respected.
systems. [Sec. 6, BP 232]. [Sandoval, Pol. Law Reviewer 2003].
Educational corporation. A stock or Effectivity of laws. Under Art. 2 of the

non-stock corporation organized to Civil Code, the publication of laws must
provide facilities for teaching or be made in the Official Gazette, and not
instruction. It maintains a regular faculty elsewhere, as a requirement for their
and curriculum and have a regular effectivity, after fifteen days from such
organized body of pupils or students, or publication or after a different period
attendance at the place where the provided by the legislature. [Taada v.
educational activities are regularly Tuvera, GR L-63915. Dec. 29, 1986].
carried on. [Diaz, Bus. Law Rev., 1991
Ed., p. 296, citing Oleck, Modern Corp. Efficient concurring cause. A cause
Law, p. 540]. which was operative at the moment of
the injury and acted contemporaneously
Educational Loan Fund. Funds made with another to produce the injury, and
available by lending institutions to which was an efficient cause in the
service the financial needs of the eligible sense that except for it, the injury would
students. [Sec. 1, PD 932]. not have occurred. [Morenos Law Dict.,
2000 Ed., p. 150].
Educational Loan Guarantee Fund.
The funds to be made available by the Effluent. 1. Discharge from known
government for lending institutions to sources which is passed into a body of
avail in case of defaults in payments of water or land, or waste water flowing
obligations. [Sec. 1, PD 932]. out of a manufacturing plant, industrial
plant including domestic, commercial
Effective absence. One that renders the and recreational facilities. [Sec 4, RA
officer concerned powerless, for the 9275]. 2. Any wastewater, partially or
time being, to discharge the powers and completely treated or any liquid flowing
prerogatives of his office. [Gelinas, v. out of mining mill operations,
Fugere, 180 A. 346, 351; Watkins, v. wastewater treatment plants or tailings
Mooney, 71 S. W. 622, 624]. disposal system. [Sec. 4, DENR Admin.
Order 95-23].
Effective nationality principle. Intl.
Law. The principle expressed in Art. 5 of Effluent standard. 1. Any legal
the Hague Convention of 1930 on the restriction or limitation on quantities,
Conflict of Nationality Laws as follows: rates, and/or concentrations or any
Art. 5. Within a third State a person combination thereof, of physical,

200
chemical or biological parameters of only such things or objects as are of the

effluent which a person or point source same kind as those enumerated. 2.
is allowed to discharge into a body of Under this doctrine, where general
water or land. [Sec 4, RA 9275]. 2. terms follow the designation of
Restrictions established to limit levels of particular things or classes of persons or
concentration of physical, chemical and subjects, the general term will be
biological constituents which are construed to comprehend those things
discharged from point sources. [Sec. 62, or persons of the same class or of the
PD 1152]. same nature as those specifically
enumerated. [Crawford, Stat. Con., p.
Eight-Hour Labor. Commonwealth Act 191; Go Tiaco v. Union Ins. Society of
No. 444, as amended. [Expressly Camilan, 40 Phil. 40; Mutuc v.
repealed by the Labor Code]. COMELEC, 36 SCRA 228].
Ei incumbit probatio non qui negat. El diablo. Firecrackers tubular in shape

Lat. He who asserts not he who about 1 1/4 inches in length and less
denies must prove. A fundamental than 1/4 inch in diameter with a wick;
evidentiary rule in criminal law that the also known as labintador [Sec. 2, RA
prosecution has the onus probandi of 7183].
establishing the guilt of the accused.
[People v. Parel, GR 108733. Sep. 16, Election. 1. A choosing or a selection by
1996]. Also Ei incumbit probatio qui those having a right to participate (in
dicit, non qui negat. the selection) of those who shall fill the
offices, or of the adoption or rejection of
Ejectment. The legal remedy available to any public measures affecting the
the owner of a piece of land to remove territory involved. [Javellana v. Exec.
persons in possession who have no right Sec., GR L-36142. Mar. 31, 1973, citing
to be there. [Torres, Oblig. & Cont., Bouvier's Law Dict.]. 2. Choice;
2000 Ed., p. 350]. selection. The selection of one person
from a specified class to discharge
Ejectment. Grounds: (a) When the certain duties in a state, corporation, or
period agreed upon, or that which is a society. [Quiem v. Seria, GR L-
fixed for the duration of leases under 22610. June 30, 1966, citing Bouvier's
Arts. 1682 and 1687, has expired; (b) Law Dict., Vol. I, 3rd Rev., p. 979].
lack of payment of the price stipulated;
(c) violation of any of the conditions Election campaign or partisan
agreed upon in the contract; (d) when political activity. An act designed to
the lessee devotes the thing leased to promote the election or defeat of a
any use or service not stipulated which particular candidate or candidates to a
causes the deterioration thereof; or if he public office. [Bugtong, Diosdado C.,
does not observe the requirement in No. CSC Res. 97-0807, Jan. 28, 1997].
2 of Art. 1657 of the Civil Code, as
regards the use thereof. [Art. 1673, CC]. Election contests. Adversary
proceedings by which matters involving
Ejectment suit. A suit brought before the title or claim of title to an elective
the proper inferior court to recover office, made before or after
physical possession only or possession proclamation of the winner, is settled
de facto and not possession de jure, whether or not the contestant is
where dispossession has lasted for not claiming the office in dispute and in the
more than one year. [De Leon v. CA, GR case of elections of barangay officials, it
96107. June 19, 1995]. is restricted to proceedings after the
proclamation of the winners as no pre-
Ejusdem generis. Stat. Con. Lat. Of the proclamation controversies are allowed.
same kind; An enumeration of a class of [Taule v. Santos, GR 90336. Aug. 12,
things includes all others of the same 1991].
class. 1. This is based on the rule of
classification; when general words Election law. A study of law, rules and
follow particular or specific words, the procedures involving the conduct of
general words are deemed to include election of all public officials who will

201
exercise the powers of government as generation, transmission, distribution or

allocated to and within their functions supply of electricity. [Sec. 4, RA 9136].
and responsibilities. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 2]. Electric supply equipment. Any
equipment which produces, modifies,
Election returns. 1. A machine- regulates, or controls the supply of
generated document showing the date electric energy. [Sec. 2, RA 7920].
of the election, the province,
municipality and the precinct in which it Electrofishing. 1. The use of electricity
is held and the votes in figures for each generated by batteries, electric
candidate in a precinct directly produced generators and other source of electric
by the counting machine. [Sec. 2, RA power to kill, stupefy, disable or render
8436]. 2. A document showing the date unconscious fishery species, whether or
of the election, the municipality in which not the same are subsequently
it is held, and other data, and containing recovered. [Sec. 4, RA 8550]. 2. The
the votes in words and in figures for use of electricity generated by dry-cell
each candidate in a precinct. [Sec. 2, RA batteries, electric generators or other
8046]. sources of electric power to kill, stupefy,
disable or render unconscious fish or
Electrical arc. An extremely hot fishery/aquatic products in both fresh
luminous bridge formed by passage of and salt water areas. [Sec. 3, PD 704].
an electric current across a space 3. The use of electricity generated by
between two conductors or terminals dry cell batteries, electric generators or
due to the incandescence of the other source of electric power to kill,
conducting vapor. [Sec. 3, PD 1185]. stupefy, disable or render unconscious
fish or fishery/aquatic products. It shall
Electrical engineering, practice of. A include the use of rays or beams of
person is deemed to be in the practice whatever nature, form or source of
of electrical engineering when he power. [Sec. 1, PD 534].
renders or offers to render professional
electrical engineering service. [Sec. 2, Electronic Commerce Act. RA 8792
RA 7920]. entitled An Act providing for the
recognition and use of electronic
Electrical system design. The choice of commercial and non-commercial
electrical systems, including planning transactions and documents, penalties
and detailing of requirements for for unlawful use thereof and for other
protection, control, monitoring, purposes enacted on June 14, 2000.
coordination and interlocking of
electrical systems among others. [Sec. Electronic data message. Information
2, RA 7920]. generated, sent, received or stored by
electronic, optical or similar
Electric cooperative. A distribution means. [Sec. 5, RA 8792].
utility organized pursuant to PD 269, as
amended, or as otherwise provided Electronic document. Information or
under RA 9136. [Sec. 4, RA 9136]. the representation of information, data,
figures, symbols or other modes of
Electric locomotive. Power plant written expression, described or
mounted on wheels as used in the however represented, by which a right
railroad transportation industry. [Sec. 2, is established or an obligation
RA 7920]. extinguished, or by which a fact may be
prove and affirmed, which is receive,
Electric plant. An establishment or a recorded, transmitted, stored,
system for the production and processed, retrieved or produced
modification of electric energy. [Sec. 2, electronically. [Sec. 5, RA 8792].
RA 7920].
Electronic key. A secret code which
Electric power industry participant. secures and defends sensitive
Any person or entity engaged in the information that crossover public
channels into a form decipherable only

202
with a matching electronic key. [Sec. 5, unlawful act even if the ultimate result
RA 8792]. had not been intended. (People v. Ural,
GR L-30801, Mar. 27, 1974, 56 SCRA
Electronic signature. Any distinctive 138, 144].
mark, characteristic and/or sound in
electronic from, representing the Emancipation. 1. It takes place by the
identity of a person and attached to or attainment of majority. Unless otherwise
logically associated with the electronic provided, majority commences at the
data message or electronic document or age of twenty-one years. Emancipation
any methodology or procedures also takes place: (a) by the marriage of
employed or adopted by a person and the minor; or (b) by the recording in the
executed or adopted by such person Civil Register of an agreement in a
with the intention of authenticating or public instrument executed by the
approving an electronic data message or parent exercising parental authority and
electronic document. [Sec. 5, RA 8792]. the minor at least eighteen years of age.
Such emancipation shall be irrevocable.
Eleemosynary corporation. A [Art. 234, FC]. 2. The act of freeing a
corporation established for or devoted person who is under the legal authority
to charitable purposes or those of another (such as a child before the
supported by charity. [De Leon, Corp. age of majority) from that control (such
Code of the Phil. Annotated, 1989 Ed., as a child reaching the age of majority).
p. 39]. Compare with Civil The term was also used, when slavery
corporation. was legal, to describe a former slave
that had bought or been given freedom
Elementary education. The first stage from his master. [Duhaime's Legal Dict.,
of compulsory, formal education 2004].
primarily concerned with providing basic
education and usually corresponding to Emancipation patent. It constitutes
six or seven grades, including pre-school conclusive authority for the issuance of
programs. [Sec. 20, BP 232]. an Original Certificate of Transfer, or a
Transfer Certificate of Title, in the name
Elements of a crime. Specific factors of the grantee. Clearly, it is only after
that define a crime which the compliance with the conditions (in the
prosecution must prove beyond a certificate of land transfer under PD 27)
reasonable doubt in order to obtain a which entitle a farmer/grantee to an
conviction: (a) that a crime has actually emancipation patent that he acquires
occurred, (b) that the accused intended the vested right of absolute ownership
the crime to happen, and (c) a timely in the landholding a right which has
relationship between the first two become fixed and established, and is no
factors. [Jurists Legal Dict., 2004]. longer open to doubt or controversy. At
best, the farmer/grantee, prior to
Eligible. A person who obtains a passing compliance with these conditions,
grade in a civil service examination or is merely possesses a contingent or
granted a civil service eligibility and expectant right of ownership over the
whose name is entered in the register of landholding. [Pagtalunan v. Tamayo, GR
eligibles. [Sec. 5, Chap. 1, Subtitle A, EO 54281. Mar. 19, 1990].
292; Sec. 3, PD 807].
Embalmer. A person who practices
El penado. Sp. Delicuente condenado a embalming. [Sec. 89, PD 856].
una pena. Eng. a convict or a person
already sentenced by final judgment. Embalming. Preparing, disinfecting and
[Baking v. Dir. of Prisons, GR L-30364. preserving a dead body for its final
July 28, 1969]. disposal. [Sec. 89, PD 856].
El que es causa de la causa es causa Embargo. Intl. Law. 1. The detention by

del mal causado. Sp. He who is the the state seeking redress of the vessels
cause of the cause is the cause of the of the offending state or its nationals,
evil caused. One is liable for all the whether such vessels are found in the
direct and natural consequences of his territory of the former or on the high

203
seas. [Cruz, Intl. Law Reviewer, 1996 diversion or denial is to the injury of
Ed., p. 126]. 2. An act of international another, and (d) that there be demand
military aggression where an order is for the return of the property, [Saddul v.
made prohibiting ships or goods from CA, GR 91041. Dec. 10, 1990, citing
leaving a certain port, city or territory Aquino, Vol. III, 1988 Ed., RPC, p. 247].
and may be enforced by military threat
of destroying any vehicle that attempts Emergency. 1. An unforeseen
to break it or by trade penalties. The combination of circumstances which
word has also come to refer to a legal calls for immediate action to preserve
prohibition of trade with a certain nation the life of a person or to preserve the
or a prohibition towards the use of sight of one or both eyes; the hearing of
goods or services produced by or within one or both ears; or one or two limbs at
a certain nation. [Duhaime's Legal Dict., or above the ankle or wrist. [Sec. 1, RA
2004]. 9241]. 2. A condition or state of a
patient wherein based on the objective
Embattled area. An area such as a findings of a prudent medical officer on
portion of a province, city or duty for the day there is immediate
municipality, where there is actual or danger and where delay in initial
imminent danger of disorder, riot, support and treatment may cause loss
lawless violence, rebellious or seditious of life or cause permanent disability to
conspiracy, insurgency, subversion or the patient. [Sec. 2, RA 8344]. 3. Any
other criminal activities of such event or occurrence wherein the need
magnitude as to greatly endanger lives for supplies or property has become
and properties and set back or hamper exceptionally urgent or absolutely
the progress and effective indispensable and only to prevent
implementation of the economic, social, imminent danger to, or loss of, life or
political and other development and property. [IRR on Supply & Prop. Mgt.,
reform programs therein. [Sec. 1, PD per Sec. 383, LGC].
1162].
Emergency Medical and Dental
Ember. a hot piece or lump that remains Treatment Law. RA 1054. [Expressly
after a material has partially burned, repealed by the Labor Code].
and is still oxidizing without the
manifestation of flames. [Sec. 3, PD Emergency rule. Civ. Law. Under the
1185]. rule, one who suddenly finds himself in
a place of danger, and is required to act
Embezzlement. Crim. Law. 1. The illegal without time to consider the best means
transfer of money or property that, that may be adopted to avoid the
although possessed legally by the impending danger, is not guilty of
embezzler, is diverted to the embezzler negligence, if he fails to adopt what
personally by his fraudulent action. subsequently and upon reflection may
[Duhaime's Legal Dict., 2004]. 2. The appear to have been a better method,
fraudulent appropriation by a person to unless the emergency in which he finds
his own use or benefit or property or himself is brought about by his own
money entrusted to him by another. negligence. [McKee v. IAC, GR 68102.
[Jurists Legal Dict., 2004]. July 16, 1992].
Embezzlement. Crim. Law. Also Estafa Emergency treatment and support.

with abuse of confidence. Elements: Any medical or surgical measure within
(a) that personal property is received in the capability of the hospital or medical
trust, on commission, for administration clinic that is administered by qualified
or under any other circumstance health care professionals to prevent the
involving the duty to make delivery of or death or permanent disability of a
to return the same, even though the patient. [Sec. 2, RA 8344].
obligation is guaranteed by a bond; (b)
that there is conversion or diversion of Emigrant. Any person, worker or
such property by the person who has so otherwise, who emigrates to a foreign
received it or a denial on his part that country by virtue of an immigrant visa
he received it; (c) that such conversion,

204
or resident permit or its equivalent in process. [Ilusorio v. Ilusorio-Bildner, GR

the country of destination. [Art. 13, LC]. 139789. July 19, 2001].
Eminent domain, power of. 1. The Employ. To suffer or permit to work.

power of government to take private [Art. 97, LC].
property for public use. [Benguet v.
Rep., GR L-71412. Aug. 15, 1986]. 2. Employee. 1. Labor. Any individual
The power of government to take and employed by an employer. [Art. 97, LC].
appropriate private property for public 2. Health Ins. Any person who performs
use, which can be done only if due services for an employer in which either
process is complied with and just or both mental and physical efforts are
compensation is paid. While eminent used and who receives compensation
domain and expropriation are usually for such services, where there is an
synonymous, eminent domain refers to employer-employee relationship. [Sec.
the right, while expropriation refers to 1, RA 9241].
the process. 3. Government's right to
appropriate, in the nature of a Employee of den, dive or resort. The
compulsory sale to the State, private caretaker, helper, watchman, lookout,
property for public use or purpose. and other persons working in the den,
[Moday v. CA, GR 107916. Feb. 20, dive or resort, employed by the
1997, citing Black's Law Dict. 616 (4th maintainer, owner and/or operator
Ed.)]. where any dangerous drug and/or
controlled precursor and essential
Emission. The act of passing into the chemical is administered, delivered,
atmosphere an air contaminant, distributed, sold or used, with or without
pollutant, gas stream and unwanted compensation, in connection with the
sound from a known source. [Sec. 62, operation thereof. [Sec 3, RA 9165].
PD 1152].
Employees' Compensation
Emolument. 1. The profit arising from Commission (ECC). The agency
office or employment; that which is created under the Labor Code (PD 442)
received as compensation for services or to initiate, rationalize and coordinate the
which is annexed to the possession of policies of the employees' compensation
an office, as salary, fees and program. [Art. 176, LC].
perquisites. [Phil. Const. Assoc. v.
Gimenez, GR L-23326. Dec. 18, 1965]. Employees' Compensation Law. PD
2. A legal word which refers to all 626, as amended, (which) grants
wages, benefits or other benefit disability benefits to those who suffer
received as compensation for holding loss or impairment of a physical or
some office or employment. [Duhaime's mental function resulting from injury
Legal Dict., 2004]. arising out of, or in the course of
employment, or from any illness
Emotionally neglected children. There accepted as an occupational disease
is emotional neglect when children are listed by the ECC or any illness subject
maltreated, raped or seduced; when to proof that the risk of contracting the
children are exploited, overworked or same was increased by the claimant's
made to work under conditions not working conditions. [GSIS v. CA, GR
conducive to good health; or are made 115243. Dec. 1, 1995].
to beg in the streets or public places, or
when children are in moral danger, or Employer. 1. Labor. Any person acting
exposed to gambling, prostitution and directly or indirectly in the interest of an
other vices. [Art. 141, PD 603]. employer in relation to an employee and
shall include the Government and all its
Empathy. A shared feeling between branches, subdivisions and
husband and wife experienced not only instrumentalities, all government-owned
by having spontaneous sexual intimacy or controlled corporations and
but a deep sense of spiritual institutions, as well as non-profit private
communion. Marital union is a two-way institutions or organizations. [Art. 97,
LC]. 2. Health Ins. A natural or juridical

205
person who employs the services of an enforceable set of written rules is said to
employee. [Sec. 1, RA 9241]. 3. Any be enacted. [Duhaime's Legal Dict.,
parent, legal guardian or producer 2004].
acting as employer who hires or
engages the services of any child below En banc. All the Justices of a court sitting
15 years of age. [Sec. 2, RA 7658]. together. Appellate courts can consist of
several Justices, but often they hear
Employer - employee relationship. cases in panels of three or five Justices.
Elements: (a) Selection and If a case is heard or reheard by the full
engagement of the employee; (b) court, it is heard en banc. [Claridades,
payment of wages; (c) power of A., Compilation of Notes, 2001-2006].
dismissal; and (d) the power to control
the employee's conduct. [Vallum Encargado. See Coordinator.
Security Services v. NLRC. GR 97320-27,
July 30, 1993]. Encephalitis. The inflammation of the
brain and its coverings (the meninges)
Employer's Liability Act. Act No. 1874. which produce disturbances of
[Expressly repealed by the Labor Code]. sensorium, seizures, drowsiness,
delirium, and, rarely, coma. [Rase v.
Employment. 1. Renumerative work NLRC, GR 110637. Oct. 7, 1994].
either for an employer or self-
employment. [Sec. 1, Rule 1, Book 2, En concepto de dueo. Sp. Under claim
IRR of LC]. 2. In case of private of title; adverse, as in possession.
employers includes all employment or [Cuaycong v. Benedicto, 37 Phil. 781].
work at a trade, occupation or
profession exercised by an employer En cuadrilla. See Band.
except domestic service. [Sec. 39, RA
4119]. Encumbrance. 1. Anything that impairs
the use or transfer of property; anything
Empowerment. Providing authority, which constitutes a burden on the title;
responsibility and information to people a burden or charge upon property; a
directly engaged in agriculture and claim on lien upon property. A legal
fishery production, primarily at the level claim on an estate for the discharge of
of the farmers, fisherfolk and those which the estate is liable; an
engaged in food and non-food embarrassment of the estate or
production and processing, in order to property so that it cannot be disposed of
give them wider choices and enable without being subject to it; an estate,
them to take advantage of the benefits interest, or right in lands, diminishing
of the agriculture and fishery industries. their value to the general owner; a
[Sec. 4, RA 8435]. liability resting upon an estate. [Rep. v.
CA, GR 100709. Nov. 14, 1997, citing
Emptio or emtio. Lat. Purchase or the Moreno, Phil. Law Dict., 2nd Ed., 1972,
contract in which something is bought. pp. 207-208]. 2. Every right to, or
[Duhaime's Legal Dict., 2004]. interest in, the land which may subsist
in third persons, to the diminution of the
Emptio res speretae. Lat. Sale of things value of the land, but consistent with
having a potential existence. [Art. 1461, the passing of the fee by the
CC]. conveyance; any (act) that impairs the
use or transfer of property or real
Emptio spei. Lat. Sale of mere hope or estate. [Roxas v. CA, GR 92245. June
expectancy. [Art. 1461, CC]. 26, 1991, citing 42 CJS, p. 549]. 3.
Legal right to hinder or impede the
Enacting clause. It is that part of the transfer of ownership. [Memo. from the
statute which indicates the authority Exec. Sec. dated Aug. 20, 1998].
which promulgated the enactment.
[Suarez, Stat. Con., (1993), p. 46]. Encumbrancer. A lien or mortgage
holder; one who has a legal claim
Enactment. A law or a statute; a against an estate. [Blacks Law Dict.,
document which is published as an Abr. 5th Ed. (1983), p. 274].

206
production, importation-exportation,
Encyclopedia. A book or series of books processing, transportation, marketing,
arranged alphabetically by topics distribution, utilization, conservation,
containing information on areas of law, stockpiling, or storage of all forms of
including citations to support the energy products and resources. [Sec. 3,
information. [Glossary of Legal Terms RA 7638].
(Pro-Se), 2004].
Energy Regulatory Board (ERB). The
Endangered rare or threatened independent, quasi-judicial regulatory
species. Aquatic plants, animals, body created under EO 172, as
including some varieties of corals and amended. [Sec. 4, RA 9136].
sea shells in danger of extinction as
provided for in existing fishery laws, Energy Regulatory Commission
rules and regulations. [Sec. 4, RA 8550]. (ERC). The regulatory agency created
under RA 9136. [Sec. 4, RA 9136].
Endangered species. Species or
subspecies that is not critically Enervate. To debilitate. [Morenos Law
endangered but whose survival in the Dict., 2000 Ed., p. 154].
wild is unlikely if the causal factors
continue operating. [Sec. 5, RA 9147]. Engaging in business. Pursuing an
occupation or employment as a
Endemic species. Species or sub-species livelihood or source of profit and must
which is naturally occur-ring and found be a series of acts rather than the doing
only within specific areas in the country. of a single act pertaining to the
[Sec. 5, RA 9147]. particular business. [Morenos Law Dict.,
2000 Ed., p. 154].
Endorsement. 1. A signature on the
back of the bill of exchange by which English Exchequer Rule. Evid. A specie
the person to whom the note is payable of a mid-1800 rule pursuant to which "a
transfers it by thus making the note trial court's error as to the admission of
payable to the bearer or to a specific evidence was presumed to have caused
person. 2. The act of a payee, drawee, prejudice and therefore, almost
accommodation party, or holder of a automatically required a new trial.
negotiable instrument in signing the [People v. Teehankee, GR 111206-08.
back of the instrument, with or without Oct. 6, 1995, citing La Fave and Israel,
qualifying words, to transfer rights in op cit, p 1160]. See Harmless error.
the instrument to another. [Intl. Law
Dict. & Direct., 2004]. See Rider. English rule. The rule that crimes
committed aboard foreign merchant
Endowment. The transfer of money or vessels can be tried in the courts of that
property (usually as a gift) to a public country, unless they merely affect thing
organization for a specific purpose, such within the vessel or they refer to the
as medical research or scholarships. internal management thereof.
[Duhaime's Legal Dict., 2004]. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with French
End-user of electricity. Any person or rule.
entity requiring the supply and delivery
of electricity for its own use. [Sec. 4, RA Enjoin. To order a person to perform, or
9136]. to abstain and desist from performing a
specified act or course of conduct.
Energy plantation. A scheme whereby [Jurists Legal Dict., 2004].
fast-growing crops or trees such as ipil-
ipil are deliberately and systematically Enjoining. An order by the court telling a
planted in order to continuously provide person to stop performing a specific act.
fuel to a power generating station [Glossary of Legal Terms (Pro-Se),
located at the site. [Sec. 2, PD 1068]. 2004]. See Injunction.
Energy projects. Activities or projects Enormity of order. That circumstance

relative to the exploration, extraction, wherein the supplies or property to be

207
delivered exceed the normal to commit a crime so that a criminal

requirement or is out of proportion to charge will be brought against him.
the usual volume of orders. [IRR on [Glossary of Legal Terms (Pro-Se),
Supply & Prop. Mgt., per Sec. 383, 2004]. Compare with Instigation.
LGC].
Entrepreneurship. Training for self-
Enquiry. Pub. Intl. Law. An employment or assisting individual or
ascertainment of the pertinent facts and small industries. [Art. 44, LC].
issues in a dispute. [Suarez, Pol. Law
Reviewer, 1st Ed., 2002, p. 1077]. Entrepreneurship training. The
training schemes to develop persons for
Enriquecimiento torticero. Sp. Unjust self-employment or for organizing,
enrichment. [Claridades, A., Compilation financing and/or managing an
of Notes, 2001-2006]. enterprise. [Sec. 1, Rule 1, Book 2, IRR
of LC].
Enrolled bill. A declaration by the two
houses, through their presiding officers, Entrustee. The person having or taking
to the president, that a bill, thus possession of goods, documents or
attested, has received in due form, the instruments under a trust receipt
sanction of the legislative branch of the transaction, and any successor in
government, and that it is delivered to interest of such person for the purpose
him in obedience to the constitutional or purposes specified in the trust receipt
requirement that all bills which pass agreement. [Sec. 3, PD 115].
Congress shall be presented to him. And
when a bill, thus attested, receives his Entruster. The person holding title over
approval, and is deposited in the public the goods, documents, or instruments
archives, its authentication as a bill that subject of a trust receipt transaction,
has passed Congress should be deemed and any successor in interest of such
complete and unimpeachable. person. [Sec. 3, PD 115].
[Tolentino v. Sec. of Finance, GR
115525. Aug. 25, 1994, citing Field v. Entry. Customs Law. 1. The documents
Clark, 143 U.S. 649, 36 L ed. 294]. filed at the Customs house. 2. The
submission and acceptance of the
Enrolled bill doctrine. The doc-trine documents. 3. The procedure of passing
under which a court may not look goods through the Customs house.
behind a (legislative) bill, enrolled and [Rodriguez v. CA, GR 115218. Sep. 18,
certified by the appropriate officers, to 1995, citing Tariff and Customs Code,
determine if there are any defects. Sec. 1201].
[Dissenting Opinion, Regalado J. in
Tolentino v. Sec. of Finance, GR Entry of judgment. A statement of
115525. Aug. 25, 1994, citing 602 South conclusion reached by the court and
Western Reporter, 2d Series, 402-425]. placed in the court record. [Glossary of
Enrollment. The process to be
determined by the Phil. Health Ins. Enucleation. The removal of the eye ball
Corp. (PHIC) in order to enlist from the orbit after the optic nerve and
individuals as members or dependents eye muscles have been severed. [Sec.
covered by the National Health 4, DOH Admin. Order 11-95].
Insurance Program. [Sec. 1, RA 9241].
Environment. The conditions, influences,
Entity. A person or legally recognized or forces which affect the desirability
organization. [Glossary of Le-gal Terms, and value of property, as well as the
Pro-Se Handbook, 2004]. effect on people's lives. [Glossary of
Entrapment. 1. The employment of such
ways and means for the purpose of Environmental compliance certificate
trapping or capturing a lawbreaker. (ECC). The document issued by the
[People v. Ramos, Jr., 203 SCRA 237 government agency concerned certifying
(1991)]. 2. The act of inducing a person that the project under consideration will

208
not bring about an unacceptable

environmental impact and that the Environmental planning. Activities
proponent has complied with the concerned with the management and
requirements of the environmental development of land, as well as the
impact statement system. [Sec. 3, RA preservation, conservation, and
7942]. rehabilitation of the human
environment. [Sec. 2, PD 1308].
Environmental impact. The alteration,
to any degree, of environmental Envoy. See Diplomat or Ambassador.
conditions or the creation of a new set
of environmental conditions, adverse or Envoys extraordinary. See Ministers
beneficial, to be induced or caused by a plenipotentiary.
proposed project. [Sec. 62, PD 1152].
Epilepsy. A symptom of some underlying
Environmental impact statement brain damage or disorder. [People v.
(EIS). The document which aims to Antonio, GR 107950. June 17, 1994].
identify, predict, interpret, and
communicate information regarding Equal division rule. The general rule
changes in environmental quality that relatives in the same degree shall
associated with a proposed project and inherit in equal shares, subject to the
which examines the range of following exceptions: (a) Should brother
alternatives for the objectives of the and sisters of the full blood survive
proposal and their impact on the together with brothers and sisters of the
environment. [Sec. 3, RA 7942]. half blood, the former shall be entitled
to a share double that of the latter; (b)
Environmentally critical areas. should there be more than one of equal
Terrestrial, aquatic and marine areas degree belonging to the same line they
that need special protection and shall divide the inheritance per capita;
conservation measures as they are and (c) should they be of different lines
ecologically fragile. [Sec. 3, RA 7611]. but of equal degree, one-half shall go to
the paternal and the other half to the
Environmental management. The maternal ascendants. In each line the
entire system which includes, but is not division shall be made per capita. [Arts.
limited to, conservation, regulation and 962, 987 and 1006, CC].
minimization of pollution, clean
production, waste management, Equality in taxation. This is
environmental law and policy, accomplished when the burden of the
environmental education and tax falls equally and impartially on all
information, study and mitigation of the the persons and property subject to it,
environmental impacts of human so that no higher rate or greater levy in
activity, and environmental research. proportion to value is imposed on one
[Sec 4, RA 9275]. person or species of property than on
others similarly situated or of like
Environmental management system. character. [Villanueva v. City of Iloilo,
The part of the overall management GR sL-26521. Dec. 28, 1968, citing 84
system that includes organizational CJS 77].
structure, planning activities,
responsibilities, practices, procedures, Equal protection of the law. 1. Const.
processes and re-sources for Law. All persons or things similarly
developing, implementing, achieving, situated must be treated alike both as to
reviewing and maintaining the the rights conferred and the liabilities
environment policy. [Sec 4, RA 9275]. imposed. [Assoc. of Small Landowners
v. Sec. of Agrarian Reform, GR 78742.
Environmental planner. A person July 14, 1989]. 2. The guarantee in the
engaged in the practice of Philippine Constitution that all persons
environmental planning and duly be treated equally by the law.
registered with the Board of [Claridades, A., Compilation of Notes,
Environmental Planning. [Sec. 2, PD 2001-2006].
1308].

209
Equipment. 1. All articles needed to is imperfect and unenforceable at law

outfit an individual or organization which but which under well recognized
do not lose their identify when used or equitable principles should and is
applied. The term refers to typewriters, convertible into a legal right or title.
adding machines, computers, printers, [Diaz, Bus. Law Rev., 1991 Ed., p. 213,
vehicles, weapons and other similar citing 30 CJS 401].
items. [IRR on Supply & Prop. Mgt., per
Sec. 383, LGC]. 2. Those articles that Equitable mortgage. 1. A mortgage in
are not necessarily so consumed, but which although lacking in some
which may survive the particular work formality, form or words, or other
and be further used on work of like requisites demanded by a statute
character. [Kilosbayan, Inc. v. Morato, nevertheless reveals the intention of the
GR 118910. July 17, 1995]. Compare parties to charge a real property as
with Supply. security for a debt, and contains nothing
impossible or contrary to law. [Santos v.
Equipment bonds. Corp. Law. Bonds CA, GR 83664. Nov. 13, 1989, citing 41
secured by a mortgage or pledge on CJ 303; Art. 1602, CC). 2. One where
corporate movable property. [Diaz, Bus. the intention of the parties is simply a
Law Rev., 1991 Ed., p. 269]. security for the fulfillment of an
obligation, but lacks the formalities of a
Equipoise rule. Rem. Law. The rule that mortgage. [Diaz, Bus. Law Rev., 1991
provides that where the evidence of the Ed., p. 147].
parties in a criminal case is evenly
balanced, the constitutional presumption Equitable ownership. That of one who
of innocence should tilt the scales in has the beneficial ownership. [Morenos
favor of the accused. [People v. Law Dict., 2000 Ed., p. 158]. Also
Benemerito, GR 120389. Nov. 21, 1996, Equitable title.
citing Phil. Law Dict. (1991-1992
supplement), 30]. Equitable taxation. Taxation the burden
of which falls on those better able to
Equiponderance of evidence rule. pay. [Reyes v. Almanzor, GR 49839-46.
Rem. Law. The rule which that states Apr. 26, 1991]. Compare with
that when the scale shall stand upon an Progressive taxation.
equipoise and there is nothing in the
evidence which shall incline it to one Equitable title. That of one who has the
side or the other, the court will find for beneficial ownership. [Morenos Law
the defendant. Under the said principle, Dict., 2000 Ed., p. 158]. Also Equitable
the plaintiff must rely on the strength of ownership.
his evidence and not on the weakness
of defendant's claim. Even if the Equity. Admin. Law. The amount
evidence of the plaintiff may be stronger received by government-owned or
than that of the defendant, there is no controlled corporations as payment of
preponderance of evidence on his side if capital subscriptions and generally
such evidence is insufficient in itself to capital investment of the national
establish his cause of action. [Sapu-an government in said corporations and
v. CA, Oct. 19, 1992, 214 SCRA 701, which form part of their capitalization.
705-706]. [Sec. 3, EO 518].
Equitable assignment. An instrument, Equity. Civ. Law. 1. Justice outside law,

bill or note made payable to order and being ethical rather than jural and
transferred without indorsement. belonging to the sphere of morals than
[Morenos Law Dict., 2000 Ed., p. 156]. of law. It is grounded on the precepts of
conscience and not on any sanction of
Equitable estoppel. See Estoppel in positive law. [PLDT v. NLRC, GR L-
pais. 80609. Aug. 23, 1988]. 2. Justice
administered according to fairness; the
Equitable interest. An interest not duly spirit or habit of fairness in dealing with
recognized by law, but in equity alone; other persons. [Glossary of Legal Terms
it is a right or interest in property which (Pro-Se), 2004].

210
confirmation. [Bench Book for Trial

Equity, courts of. Courts which Court Judges, p. 2-91, citing Sec. 2,
administer a legal remedy according to Rule 68, RoC]. Compare with Right of
the system of equity, as distinguished redemption.
from courts of common law. [Jurists
Legal Dict., 2004]. Equity of the incumbent. Labor. The
rule that all existing federations and
Equity follows the law. The principle national unions which meet the
that there are instances in which a court qualifications of a legitimate labor
of equity gives a remedy where the law organization and none of the grounds
gives none; but where a particular for cancellation shall continue to
remedy is given by the law, and that maintain their existing affiliates
remedy is bounded and circumscribed regardless of the nature of the industry
by particular rules, it would be very and the location of the affiliates. [Art.
improper for the court to take it up 240, LC].
where the law leaves it and to extend it
further than the law allows. [Phil. Rabbit Erectile dysfunction or impotence.
Bus Lines, Inc. v. Arciaga, GR L-29701. Legal Med. The inability to initiate or
Mar. 16, 1987, citing Pomeroy's Equity maintain an erection of the penis usually
Jurisp. Vol. 2 pp. 188-189]. resulting from vascular impairment,
neurologic disorders, drugs,
Equity jurisdiction. The jurisdiction abnormalities of the penis or
which the Court may exercise -- where psychological problems that interfere
specific performance according to the with sexual arousal. [Olarte, Legal Med.,
literal terms of a contract would result in 1st Ed. (2004), p. 126].
inequity by reason of the circumstances
obtaining at the time of judgment being Ergo, res inter alios judicatae nullum
significantly different from those existing aliis praejudicarium faciunt. Lat.
at the generation of the rights litigated - Matters adjudged in a cause do not
- to adjust those rights and, in prejudice those who were not parties to
determining the precise relief to be it. [Arcelona v. CA, GR 102900. Oct. 2,
given, "balance the equities" or the 1997, citing Black's Law Dict., 5th Ed., p.
respective interests of the parties and 1178].
take account of the relative hardship
that one form of relief or another may Erroneous appeal. An appeal taken to
occasion to them. [Agcaoili v. GSIS, GR either the Supreme Court or the Court
L-30056. Aug. 30, 1988]. of Appeals by the wrong or
inappropriate mode (which under the
Equity of jurisdiction, exercise of. A rules) shall be dismissed. [Nerves v.
situation where the court is called upon CSC, GR 123561. July 31, 1997, citing
to decide a particular situation and SC Circular 2-90].
releases the parties from their
correlative obligations but if it would Error en la persona. See Aberratio
result in adverse consequences to the ictus.
parties and the public, the court would
go beyond its powers to avoid the Error in personae. Crim. Law. Lat.
negative consequences in the release of Mistake in the identity of the victim.
the parties. [Albano, Rem. Law [People v. Sabalones, GR 123485. Aug.
Reviewer, 1st Ed., p. 4, citing Agne v. 31, 1998]. Compare with Aberratio
Dir. of Lands, 181 SCRA 793]. ictus.
Equity of redemption. The right of the Error nominis nunquam nocet, si de

defendant mortgagor to extinguish the identitate rei constat. Lat. A mistake
mortgage and retain ownership of the in the name is never prejudicial where
property by paying the amount fixed in the identity or the person intended is
the decision of the court within ninety certainly known. [Capulong v. CA, GR
(90) to one hundred twenty (120) days 85790. May 9, 1990].
after entry of judgment or even after
the foreclosure sale but prior to its

211
Error of judgment. An error which the Escape of prisoner under the custody
court may commit in the exercise of its of a person not a public officer.
jurisdiction. It is reviewable by appeal. Crim. Law. The felony committed by any
[Fernando v. Vasquez, GR L-26417. Jan. private person to whom the conveyance
30, 1970]. or custody or a prisoner or person under
arrest shall have been confided, who
Error of jurisdiction. An error that shall commit any of the offenses
renders an order or judgment (of the mentioned in Art. 223 and 224 of the
court) void or voidable. It is reviewable Rev. Penal Code. [Art. 225, RPC].
on certiorari. [Fernando v. Vasquez, GR
L-26417. Jan. 30, 1970]. Escheat. 1. A (special) proceeding
whereby the real and personal property
Error placitandi aequitatem non of a deceased person becomes the
tollit. Lat. A clerical error does not take property of the State upon his death
away equity. [Ingson v. Olaybar, 52 without leaving any will or legal heirs.
Phil. 395, Dec. 4, 1928]. [Mun. Council of San Pedro v. Colegio
de San Jose, GR 45460. Feb. 25, 1938].
Error scribentis nocere non debit. Lat. 2. The reversion of property to the State
An error made by a clerk ought not to when the title thereto fails from defect
injure; a clerical error may be corrected. of an heir. It is the falling of a
[Ingson v. Olaybar, 52 Phil. 395, Dec. 4, decedents estate into the general
1928]. property of the State. [Bench Book for
Trial Court Judges, p. 3-2]. 3. The
Errors of judgment. Errors committed process by which a deceased person's
by a lower court which are correctible property goes to the state if no heir can
by appeal. [Ongsitco v. CA, GR 121527. be found. [Glossary of Legal Terms
Mar. 29, 1996, citing Regalado, Rem. (Pro-Se), 2004].
Law Compendium, Vol. I, 1988 Ed.].
Escritura de venta absoluta. Sp. Deed
Errors of jurisdiction. Errors committed of absolute sale. [Claridades, A.,
by a lower court which are reviewable Compilation of Notes, 2001-2006].
by certiorari. [Ongsitco v. CA, GR
121527. Mar. 29, 1996, citing Regalado, Escrow. 1. When the performance of
Rem. Law Compendium, Vol. I, 1988 something is outstanding and a third
Ed.]. party holds onto the money or a written
document (such as shares or a deed)
Escalation clauses. Clauses in until a certain condition is met between
construction contracts which commonly the two contracting parties. 2. Money or
provide for increases in the contract a written instrument such as a deed
price under certain specified that, by agreement between two
circumstances, e.g., as the cost of parties, is held by a neutral third party
selected commodities (cement, fuel, (held in escrow) until all conditions of
steel bars) or the cost of living in the the agreement are met. [Glossary of
general community (as measured by, for Legal Terms (Pro-Se), 2004].
instance, the Consumer Price Index
officially published regularly by the Escrow shares. Corp. Law. Those
Central Bank) move up beyond specified deposited with a person to be delivered
levels. [Baylen Corp. v. CA, GR 76787. to another upon fulfillment of a
Dec. 14, 1987]. condition. [Diaz, Bus. Law Rev., 1991
Ed., p. 250].
Escalator clause. One in which the
contract fixes a base price but contains Eskirol. Tag. Scab. [Lino v. Fugoso, GR
a provision that in the event of specified L-1159. Jan. 30, 1947].
cost increases, the seller or contractor
may raise the price up to a fixed Espionage. Crim. Law. The felony
percentage of the base. [Banco Filipino committed by any person who without
v. Del Valle, 152 SCRA 346]. authority therefor, enters a warship,
fort, or naval or military establishment
or reservation to obtain any information,

212
plans, photographs, or other data of a files, document or any other papers.

confidential nature relative to the [Art. 315, RPC].
defense of the Philippine archipelago; or
being in possession, by reason of the Estafa. Elements: (a) That the accused
public office he holds, of such articles, defrauded another (a) by abuse of
data, or information, discloses their confidence, or (b) by means of deceit;
contents to a representative of a foreign and (b) that damage or prejudice
nation. [Art. 117, RPC]. capable of pecuniary estimation is
caused to the offended party or third
Espionage Law. CA 616 entitled An Act party. [People v. Bautista, 241 SCRA
to punish espionage and other offenses 216, 222, Feb. 9, 1995].
against the national security enacted
on June 4, 1941. Estafa notes. A much abused and trite
device resorted to by money lenders to
Essential drugs list. Also National cover their usurious lending activities,
drug formulary. A list of drugs [Morenos Law Dict., 2000 Ed., p. 161].
prepared and periodically updated by
the Department of Health on the basis Estafa through misappropriation.
of health conditions obtaining in the Elements: (a) That money, goods or
Philippines as well as on an other personal property is received by
internationally accepted criteria. It shall the offender in trust, or in commission
consist of a core list and a or for administration, or under any other
complementary list. [Sec 3, RA 9165]. obligation involving the duty to make
delivery of, or to return, the same; (b)
Essential hypertension. Commonly that there be misappropriation or
used to describe a rise in the blood conversion of such money or property
pressure of an individual when no by the offender or denial on his part of
specific factor is attributed to its such receipt; (c) that such
development. [Naval v. ECC, GR 83568. misappropriation or conversion or denial
July 18, 1991]. is to the prejudice of another; and (d)
that there is a demand made by
Establish. To settle or fix firmly; place on offended party on the offender.
a permanent footing. To originate and [Fontanilla v. People, GR 120949. July 5,
secure the permanent existence of, to 1996, citing Reyes, The Rev. Penal
found, to institute, to create and Code, Book II, 13th Ed., p. 658]. See
regulate, as of a colony, estate or other also Estafa with abuse of
institution or to place upon a secure confidence.
foundation. [Palad v. Gov. of Quezon,
GR L-24302. Aug. 18, 1972]. Estafa with abuse of confidence.
Elements: (a) That money, goods, or
Established value. See Information other personal property be received by
value. the offender in trust, or on commission,
or for administration, or under any
Estafa. Also Swindling. Crim. Law. The obligation involving the duty to make
felony committed by any person who delivery of, or to return, the same; (b)
shall defraud another, if the fraud be that there be misappropriation or
committed by any of the following conversion of such money or property
means: (a) With unfaithfulness or abuse by the offender, or denial on his part of
of confidence; (b) by means of false such receipt; (c) that such
pretenses or fraudulent acts executed misappropriation or conversion or denial
prior to or simultaneously with the com- is to the prejudice of another; (d) that
mission of the fraud; (c) through any of there is a demand made by the
the following fraudulent means: (i) by offended party on the offender. [Art.
inducing another, by means of deceit, to 315, RPC]. See also Estafa through
sign any document; (ii) by resorting to misappropriation.
some fraudulent practice to insure
success in a gambling game; (iii) by Estate. 1. The totality of interest which a
removing, concealing or destroying, in person has from absolute ownership
whole or in part, any court record, office down to naked possession. [PNB v. CA,

213
GR 118357. May 6, 1997]. 2. The landlord at the time of the

property and transmissible rights and commencement of the relation of
obligations of a person existing at the landlord and tenant between them. This
time of his death and those which have is a conclusive presumption. [Sec. 2 (b),
accrued thereto since the opening of the Rule 131, RoC].
succession. [Morenos Law Dict., 2000
Ed., p. 161]. Estoppel by conduct. Requisites: (a)
There must have been a representation
Estate planning. the area of law that or concealment of materiel facts; (b) the
deals with planning for the inevitability representation must have been with
of death, such as obtaining life knowledge of the facts; (c) the party to
insurance to pay for the costs of a whom it was made must have been
funeral, preparing a simple Will, and ignorant of the truth of the matter; and
other preparations. More comprehensive (d) it must have been made with the
planning, such as preparing a more intention that the other party would act
complex Will, Trust, and related estate upon it. [Maneclang v. Baun, 208 SCRA
planning documents may also be 179, at p. 192 (Apr. 22, 1992)].
needed. It depends on the size of the
estate and how comprehensive the Estoppel by deed. A doctrine in
needs are. [LawInfo Legal Dictionary American jurisprudence whereby a party
(2005)]. creating an appearance of fact which is
not true is held bound by that
Estate tax. Generally, a tax on the appearance as against another person
privilege of transferring property to who has acted on the faith of it. [Strong
others after a person's death. [Glossary v. Gutierrez Repide, 6 Phil. 685].
of Legal Terms (Pro-Se), 2004]. Compare with Estoppel in pais.
Estimated tax. The amount which the Estoppel by judgment. The rule
individual declared as income tax in his precluding the litigation of particular
final adjusted and annual income tax issues in a subsequent action on a
return for the preceding taxable year different cause of action. [Meralco v.
minus the sum of the credits allowed CA, GR L-33794. May 31, 1982, citing
under this Title against the said tax. If, 46 Am Jur 2d. pp. 563-566]. Sometimes
during the current taxable year, the called Estoppel by record.
taxpayer reasonably expects to pay a
bigger income tax, he shall file an Estoppel by laches. A party can-not
amended declaration during any interval invoke the jurisdiction of a court to
of installment payment dates. [Sec. 74, secure affirmative relief against his
NIRC, as amended]. opponent and, after obtaining or failing
to obtain such relief, repudiate or
Estoppel. 1. An admission or question that same jurisdiction. The
representation which is rendered question whether the court had
conclusive upon the person making it, jurisdiction either of the subject matter
and cannot be denied or disproved as of the action or of the parties was not
against the person relying thereon. [Art. important in such cases because the
1431, CC]. 2. It arises when one, by his party is barred from such conduct not
acts, re-presentations, or admissions, or because the judgment or order of the
by his silence when he ought to speak court is valid and conclusive as an
out, intentionally or through culpable adjudication, but for the reason that
negligence induces another to believe such a practice cannot be tolerated
certain facts to exist and such other obviously for reasons of public policy.
rightfully relies and acts on such belief, [Tijam v. Sibonghanoy, GR L-21450.
so that he will be prejudiced if the Apr. 15, 1968].
former is permitted to deny the
existence of such facts [Huyatid v. Estoppel by pais. Requisites: (a)
Huyatid, 47265-R, Jan. 4, 1928]. Conduct amounting to false
representation or concealment of
Estoppel against tenant. A tenant is material facts or at least calculated to
not permitted to deny the title of his convey the impression that the facts are

214
otherwise than, and inconsistent with, prejudiced if the former is permitted to

those which the party subsequently deny the existence of such facts. [Panay
attempts to assert; (b) intent, or at least Electric v. Ca, GR 81939. June 29,
expectation, that this conduct shall be 1989]. Compare with Estoppel by
acted upon, or at least influenced by the deed.
other party; and (c) knowledge, actual
or constructive, of the actual facts. Estoppel in pais or by conduct. Also
[Maneclang v. Baun, 208 SCRA 179, at Equitable estoppel. Elements: (a)
p. 192 (Apr. 22, 1992)]. There must have been a representation
or concealment of material facts; (b) the
Estoppel by record. See Estoppel by representation must have been made
judgment. with knowledge of the facts; (c) the
party to whom it was made must have
Estoppel by silence. Estoppel (that) been ignorant of the truth of the matter;
arises where a person, who by force of and (d) it must have been made with
circumstances is under a duty to the intention that the other party would
another to speak, refrains from doing so act upon it. [Bucoy v. Paulino, GR L-
and thereby leads the other to believe in 25775. Apr. 26, 1968; Art. 1437, CC].
the existence of a state of facts in
reliance on which he acts to his Estrada doctrine. Intl. Law. 1. The
prejudice. Silence may support an doctrine that espouses a policy of never
estoppel whether the failure to speak is issuing any declaration giving
intentional or negligent. [Santiago recognition to governments and of
Syjuco, Inc. v. Castro, GR 70403. July 7, accepting whatever government is in
1989]. effective control without raising the
issue of recognition. [Sandoval, Pol. Law
Estoppel by verdict. The effect of the Reviewer 2003]. 2. A doctrine attributed
former proceeding to preclude further to Foreign Minister Genaro Estrada of
litigation of the particular facts on which Mexico. [Cruz, Intl. Law Reviewer, 1996
the (court) necessarily made findings in Ed., p. 44]. Compare with Wilson
the former action. [Meralco v. CA, GR L- doctrine.
33794. May 31, 1982, citing 46 Am Jur
2d. pp. 563-566]. Compare with Et al. An abbreviation of the Latin et alii,
Estoppel by judgment. meaning "and others," ordinarily used in
lieu of listing all names of persons
Estoppel doctrine. It is based upon the involved in a proceeding. [Jurists Legal
grounds of public policy, fair dealing, Dict., 2004].
good faith and justice, and its purpose is
to forbid one to speak against his own Ethics. Of or relating to moral action and
act, representations, or commitments to conduct; professionally right;
the injury of one to whom they were conforming to professional standards.
directed and who reasonably relied [Glossary of Legal Terms (Pro-Se),
thereon. Said doctrine springs from 2004].
equitable principles and the equities of
the case. It is designed to aid the law in Ethnolinguistic regions. Certain
the administration of justice where geographical areas where particular
without its aid injustice might result. groups of people speak a common
[PNB v. CA, L-30831, Nov. 21, 1979, 94 language. [Sec. 3, RA 7104].
SCRA 368].
Et seq. An abbreviation for the Latin et
Estoppel in pais or by conduct. Also sequentes, meaning "and the following,"
Equitable estoppel. It arises when ordinarily used in referring to a section
one, by his acts, representations or of statutes. [Jurists Legal Dict., 2004].
admissions, or by his silence when he
ought to speak out, intentionally, or Euthanasia. 1. The putting to death, by
through culpable negligence, in-duces painless method, of a terminally-ill or
another to believe certain facts to exist severely debilitated person through the
and such other rightfully relies and acts omission (intentionally withholding a
on such belief, so that he will be life-saving medical procedure, also

215
known as Passive euthanasia) or Eviction. 1. The act which deprives a

commission of an act (Active person of the use and enjoyment of
euthanasia). [Duhaime's Legal Dict., property. [Torres, Oblig. & Cont., 2000
2004]. 2. Mercy killing. [Bagajo v. Ed., p. 350]. 2. The judicial process
Marave, GR L-33345. Nov. 20, 1978]. which takes place whenever by a final
judgment based on a right prior to the
Evasion of service of sentence. Crim. sale or an act imputable to the vendor,
Law. The felony committed by any the vendee is deprived of the whole or
convict who shall evade service of his of a part of the thing purchased. [Diaz,
sentence by escaping during the term of Bus. Law Rev., 1991 Ed., p. 133, citing
his imprisonment by reason of final Art. 1548, CC].
judgment. Such evasion or escape may
also take place by means of unlawful Evidence. 1. The means, sanctioned by
entry, by breaking doors, windows, the Rules of Court, of ascertaining in a
gates, walls, roofs, or floors, or by using judicial proceeding the truth respecting
picklocks, false keys, deceit, violence or a matter of fact. [Sec. 1, Rule 128,
intimidation, or through connivance with RoC]. 2. Proof of fact(s) presented at a
other convicts or employees of the penal trial. The best and most common
institution. [Art. 157, RPC]. method is by oral testimony where an
eye-witness swears to tell the truth and
Evasion of service of sentence. Crim. to then relate to the court his
Law. Elements: (a) The offender is a experience. Besides oral testimony, an
convict by final judgment; (b) he "is object can be deposited with the court
serving his sentence which consists in (e.g., a signed contract). This is
deprivation of liberty"; and (c) he sometimes called real evidence. In other
evades service of sentence by escaping cases, evidence can be circumstantial.
during the term of his sentence. [Duhaime's Legal Dict., 2004].
[Tanega v. Masakayan, GR L-27191.
Feb. 28, 1967, citing Reyes, Rev. Penal Evidence aliunde. Evidence from
Code, 1956 Ed., Vol. II, p. 115]. outside, from another source. In certain
cases, a written instrument may be
Evasion of service of sentence on the explained by evidence aliunde, that is,
occasion of disorder, by evidence drawn from sources
conflagrations, earthquakes, or exterior to the instrument itself, e.g.,
other calamities. Crim. Law. The the testimony of a witness to
felony committed by a convict who shall conversations, admissions, or
evade the service of his sentence, by preliminary negotiations. Evidence
leaving the penal institution where he aliunde (i.e., from outside the will) may
shall have been confined, on the be received to explain an ambiguity in a
occasion of disorder resulting from a will. [Blacks Law Dict., Abr. 5th Ed.
conflagration, earthquake, explosion, or (1983), p. 38].
similar catastrophe, or during a mutiny
in which he has not participated. [Art. Evidence in chief. Direct evidence.
158, RPC]. [Morenos Law Dict., 2000 Ed., p. 162].
Evasion of the law. A principle of the Evident. Clear to the vision and
conflict of laws, better known in civilian understanding. [Morenos Law Dict.,
jurisdictions, which consists of the 2000 Ed., p. 162].
intentional and improper manipulation
of contacts (connecting factors), in Evidentiary facts. 1. Facts necessary to
order to avoid the application of the prove essential or ultimate facts. [Salita
proper law. [Tetley, Glossary of Conflict v. Magtolis, GR 106429. June 13, 1994,
of Laws, 2004]. citing Black's Law Dict., 4th Ed.]. 2.
Those facts which are necessary for
Every. Each one of a group, without determination of the ultimate facts; they
exception. It means all possible and all, are the premises upon which
taken one by one. [National Housing conclusions of ultimate facts are based.
Corp. v. Juco, 134 SCRA 173]. [Tantuico v. Rep., GR 89114. Dec. 2,

216
1991, citing Black's Law Dict., 5th Ed., p. Civil Service Commission and its regional
500]. Compare with Ultimate facts. offices or by other departments or
agencies with the assistance of the
Evident premeditation. Elements: (a) Commission, or in coordination or jointly
The time when the accused decided to with it, and those that it may delegate
commit the crime; (b) an overt act to departments and agencies pursuant
showing that the accused had clung to to PD 807, or those that may have been
their determination to commit the crime; delegated by law. [Sec. 3, PD 807]. 2 As
and (c) the lapse of a sufficient period applied to auditing, it means "to probe
of time between the decision and the records, or inspect securities or other
execution of the crime, to allow the documents; review procedures, and
accused to reflect upon the question persons, all for the purpose of
consequences of the act. [People v. arriving at an opinion of accuracy,
Silvestre, 244 SCRA 479, 494-495, May propriety, sufficiency, and the like."
29, 1995]. [Arias v. Sandiganbayan, GR 81563.
Dec. 19, 1989, citing State Audit Code
Ex abundanti cautela. Lat. With of the Phils., Annotated by Tantuico,
abundant caution. Stated in opposition 1982 Ed., p. 57].
to a court order, it is an expression that
petitioner takes such order with Examination-in-chief. Rem. Law. The
abundant abundant caution. [Morenos questioning of one lawyers own witness
Law Dict., 2000 Ed., p. 163]. under oath. Witnesses are introduced to
a trial by their examination-in-chief,
Ex aequo et bono. Lat. 1. "In justice which is when they answer questions
and fairness." Something to be decided asked by the lawyer representing the
ex aequo et bono is something that is to party which called them to the stand.
be decided by principles of what is fair After their examination-in-chief, the
and just. Most legal cases are decided other party's lawyer can question them
on the strict rule of law. For example, a too; this is called cross-examination.
contract will be normally upheld and [Duhaime's Legal Dict., 2004].
enforced by the legal system no matter
how "unfair" it may prove to be. But a Examination of books. The
case to be decided ex aequo et bono, mathematical process of verifying
overrides the strict rule of law and figures and computations without in any
requires instead a decision based on way determining whether or not a
what is fair and just given the particular item may be allowed. In other
circumstances. [LawInfo Legal words, examination is but a phase of
Dictionary (2005)]. 2. According to what auditing, auditing being more
is just and good. Maxim that a tribunal comprehensive than examination.
should decide a dispute upon rules of [Morenos Law Dict., 2000 Ed., p. 164].
equity rather upon than upon the
existing rules of international law. (a) Examination of debtor. Rem. Law.
The International Court of Justice will Under Sec. 38, Rule 39 of the Rules of
only make such a decision if instructed Court, the examination of a judgment
to do so by the parties. (b) Other debtor when the execution is returned
international tribunals (including the unsatisfied (which) is a proceeding
International Labor Organization supplementary to execution and is
Administrative Tribunal) have held that entirely statutory. They are
they have inherent equitable powers to supplementary proceedings, in part a
decide disputes. [Intl. Law Dict. & summary method of purging the
Direct., 2004]. debtors conscience and compelling the
disclosure of any property he may have
Exaltation. Legal Med. A feeling of which is not exempt from execution.
unwarranted well-being and happiness. [Morenos Law Dict., 2000 Ed., p. 164].
[Olarte, Legal Med., 1st Ed. (2004), p.
150]. Exceeds arrangements. A banking
phrase indicating that there was no
Examination. Admin. Law. 1. A civil deposit or arrangement with the bank
service examination conducted by the for the payment of the dishonored

217
check. [Morenos Law Dict., 2000 Ed., maintained by such exchange. [Sec. 3,
pp. 164-165]. RA 2629]. 3. A voluntary association or
corporation organized for the purpose of
Excellence. The efficient, effective and furnishing to its members a convenient
innovative delivery of relevant, and suitable place to transact their
functional, and quality programs in business of promoting uniformity in the
teacher education, training, re-search customs and usages of merchants, of
and community service. [Sec. 2, RA inculcating principles of justice and
7784]. equity in trade, of facilitating the speedy
adjustment of business disputes, of
Exceptio firmat regulim in casibus acquiring and disseminating valuable
non exceptis. Lat. Expressed exception commercial and economic information
or exemption excludes others. [Tibay v. and generally of securing to its
CA, GR 119655. May 24, 1996]. members the benefits of co-operation in
the furtherance of their legitimate
Excessive expenditures. Unreasonable pursuits. [Lopez, Locsin, Ledesma & Co.,
expense or expenses incur-red at an Inc. v. CA, GR L-41291. Dec. 8, 1988].
immoderate quantity and exorbitant
price. These include expenses which Exchange contract. See Barter
exceed what is usual or proper as well contract.
as expenses which are unreasonably
high, and beyond just measure or Exchange control. A rule that made it
amount. They also include expenses in illegal for anybody to possess or keep in
excess of reasonable limits. [Arriola v. the Philippines any form of money or
COA, GR 90364. Sep. 30, 1991, citing currency other than Philippine currency
COA Circ. 85-55-A]. and for Filipino citizens to possess or
keep outside the Philippines any form of
Excessive fine. A fine that exceeds the foreign currency. Anybody in the
utmost limit of punishment which the Philippines desiring to use foreign
vindication of the law demands. [US v. currency had to apply to the Central
Valera, GR 8956. Feb. 4, 1914]. Bank (now Bangko Sentral) or to any of
its duly authorized agents licensed
Excess of jurisdiction. Rem. Law. The commercial banks doing business in the
court has jurisdiction but fails to comply Philippines for a license to purchase
with the conditions prescribed for its foreign currency, stating in his
exercise. [Bench Book for Trial Court application the reason justifying his
Judges, p. 2-86, citing Leung Ben v. request. [Morenos Law Dict., 2000 Ed.,
OBrien, 38 Phil. 182 (1918)]. p. 165].
Excess property. A property no longer Exchange of agreement. Intl. Law. An

needed by a department or an office. international agreement entered into
[IRR on Supply & Prop. Mgt., per Sec. between the executive department of
383, LGC]. governments concerning matters of
lesser importance than those dealt with
Exchange. 1. An organized market place by treaties. Usually, they do not require
or facility that brings together buyers the concurrence of legislative bodies to
and sellers and executes trade of make them effective. [Coquia and
securities and/or commodities. [Sec. 3, Santiago, Intl. Law, 3rd Ed. (1998), p.
RA 8799]. 2. Any organization, 493].
association, or group of persons which
constitutes, maintains, or provides a Exchange of notes. Intl. Law. An
market place or facilities for bringing informal method by which States
together purchasers and sellers of subscribe to a certain understanding or
securities or for otherwise performing recognize certain obligations as binding
with respect to securities the functions upon them. Usually, formal notes are
commonly performed by a stock exchanged by ministers of foreign
exchange as that term is generally affairs acting in behalf of their
understood, and includes the market governments. [Coquia and Santiago,
place and the market facilities Intl. Law, 3rd Ed. (1998), p. 492].

218
Exclusive bargaining representative.

Exchange rate or rate of exchange. Labor. Any legitimate labor organization
The price, or the indication of the price, duly recognized or certified as the sole
at which one can sell or buy with one's and exclusive bargaining agent of all the
own domestic currency a foreign employees in a bargaining unit. [Sec. 1,
currency unit. Normally, the rate is DO 09, s. 1997, amending Book V, LC].
determined by the law of supply and
demand for a particular currency. Exclusive economic zone (EEZ). 1. An
[Gonzalo L. Manuel & Co. v. Central area beyond and adjacent to the
Bank, GR L-21789. Apr. 30, 1971, citing territorial sea which shall not extend
Dict. of Foreign Trade, Henius, p. 294]. beyond 200 nautical miles from the
baselines as defined under existing
Exchange rate, legal. See Legal laws. [Sec. 4, RA 8550]. 2. The water,
exchange rate. sea bottom and subsurface measured
from the baseline of the Philippine
Excise duty. An inland impost, levied archipelago up to two hundred nautical
upon articles of manufacture or sale, miles (200 n. m.) offshore. [Sec. 3, RA
and also upon licenses to pursue certain 7942]. 3. A maritime zone seaward of
trades or to deal in certain commodities. the territorial sea with an outer
[Garcia v. Exec. Sec., GR 101273. July boundary that may be up to 200 miles
3, 1992, citing Cooley, on Taxation, p. out from the territorial sea's baselines.
3]. Within this, a coastal state may
regulate. (a) nonliving resources,
Excise tax. A charge imposed upon the including the seabed, subsoil, and
performance of an act, the enjoyment of superjacent waters; (b) living resources,
a privilege, or the engaging in an including fish, crustaceans, and plants;
occupation. [Villanueva v. City of Iloilo, (c) other economic resources, such as
GR L-26521. Dec. 28, 1968, citing 51 the production of energy from the
Am. Jur. 61]. water, currents, and winds; (d) artificial
islands, installations, and structures; (e)
Exclusionary rule. 1. Const. Law. The marine scientific research; and (f)
rule enforcing the constitutional pollution control. [Intl. Law Dict. &
injunction against unreasonable Direct., 2004].
searches and seizures by outlawing all
evidence illegally seized and thereby Exclusive jurisdiction. It precludes the
removing the incentive on the part of idea of co-existence and refers to
the military and police officers to jurisdiction possessed to the exclusion
disregard such basic rights. [Teehankee, of others. [Ong v. Parel, GR 76710. Dec.
J., concurring and dissenting opinion, in 21, 1987, citing Black's Law Dict., pp.
Nolasco v. Pao, GR L-69803. Oct. 8, 673 and 1251].
1985]. 2. Rem. Law. The rule preventing
illegally obtained evidence to be used in Exclusively. 1. Apart from all others;
any trial. [Glossary of Legal Terms (Pro- only; solely; substantially all or for the
Se), 2004]. 3. Spec. Pro. The rule that greater part. To the exclusion of all
the court first taking cognizance of the others; without admission of others to
settlement of the estate of the decedent participation; in a manner of exclude.
shall exercise jurisdiction to the [Tolentino v. Sec. of Finance, GR
exclusion of all other courts. 115455. Aug. 25, 1994]. 2. In an
[Claridades, A., Compilation of Notes, exclusive manner, to the exclusion of all
2001-2006]. others; only; as, it is his, exclusively.
[Webster's New Intl. Dict. (3rd Ed.,
Exclusive. Possessed to the exclusion of 1986)].
others; appertaining to the subject
alone, not including, admitting or Exclusive possession. Possession when
pertaining to another or others, the adverse possessor can show
undivided, sole. [Tolentino v. Sec. of exclusive dominion over the land and an
Finance, GR 115455. Aug. 25, 1994]. appropriation of it to his own use and
benefit. [Dir. of Lands v. IAC, GR 68946.

219
May 22, 1992, citing Black's Law Dict., satisfaction of the obligation. [Art. 2059,
5th Ed., 507]. CC].
Exclusive property of each spouse. Ex delicto. Lat. Arising from a wrong,

The following shall be the exclusive breach of duty. [Jurists Legal Dict.,
property of each spouse: (a) That which 2004]. Compare with Ex contractu.
is brought to the marriage as his or her
own; (b) that which each acquires Ex die. Lat. A term with a suspensive
during the marriage by gratuitous title; effect, from a certain day. [PCIB v.
(c) that which is acquired by right of Excolin, GR L-27860 & L-27896. Mar.
redemption, by barter or by exchange 29, 1974]. Compare with In diem.
with property belonging to only one of
the spouses; and (d) that which is Execute. To complete; to sign; to carry
purchased with exclusive money of the out according to its terms. [Glossary of
wife or of the husband. [Art. 109, FC]. Legal Terms (Pro-Se), 2004].
Exclusive sand and gravel permit. Execute a contract. Civ. Law. The
The permit granted by the provincial ordinary or dictionary meaning of the
governor to any qualified person to term is or includes: to put into effect;
quarry and utilize sand and gravel or carry out fully and completely; perform,
other loose or unconsolidated materials effect; to give effect to; do what is
from public lands for his own use, provided or required; perform the
provided that there will be no requirements of; perform the acts
commercial disposition thereof. [Sec. necessary to the effectiveness of;
48, RA 7942]. complete; perform what is required to
give validity to (as by signing and
Ex contractu. Lat. Arising from a perhaps sealing and delivering).
contract. [Jurists Legal Dict., 2004]. [Eastern Assurance & Surety Corp. v.
Compare with Ex delicto. IAC, GR 69450. Nov. 22, 1989].
Exculpate. To excuse or justify a wrong Executed. Civ. Law. It means that all the
action. [Duhaime's Legal Dict., 2004]. terms of the contract have been fulfilled.
[Torres, Oblig. & Cont., 2000 Ed., p.
Excusable neglect. Failure to take the 350]. Compare with Executory.
proper steps at the proper time, not in
consequence of a partys own Execution. Civ. Law. The term is
carelessness, inattention, or willful understood ordinarily and literally as
disregard of the unavoidable hindrance referring to both the act or process of
on the care and vigilance of his counsel executing; performance,
or on promises made by the adverse accomplishment, and, the act of signing,
party. [Albano, Rem. Law Reviewer, 1st sealing, and delivering a legal
Ed., p. 340, citing Blacks Law Dict., 5th instrument or giving it the forms
Ed., p. 508]. required to make it valid. Thus, the
ordinary meaning of execution is not
Excussion. Previous exhaustion of the limited to the signing or concluding of a
property of the debtor. [Art. 2059, CC]. contract but includes as well the
performance or implementation or
Excussion, exceptions to benefits of. accomplishment of the terms and
The guarantor is not entitled to the conditions of such contract. [Eastern
benefits of excussion (a) if he has Assurance & Surety Corp. v. IAC, GR
expressly renounced it; (b) if he has 69450. Nov. 22, 1989].
bound himself solidarily with the debtor;
(c) in case of insolvency of the debtor; Execution. Rem. Law. 1. The
(d) when he has absconded, or cannot accomplishment of a thing; the
be sued within the Philippines unless he completion of an act or instrument; the
has left a manager or representative; fulfillment of an undertaking. [Francisco,
(e) if it may be presumed that an Evidence, Vol. VII, Part 1, 1997 Ed., p.
execution on the property of the 155]. 2. The process which carries into
principal debtor would not result in the effect a decree or judgment. [PAL v. CA,

220
GR 49188. Jan. 30, 1990, citing Black's change in the situation of the parties
Law Dict.]. which make such execution inequitable
or would render the execution of the
Execution as a matter of right. See judgment unjust; (c) when it appears
Ministerial execution. that the controversy had never been
submitted to the judgment of the court;
Execution and delivery of the (d) when it appears that the writ has
document; by whom established. been issued improvidently or without
The execution and delivery of the authority or against the wrong party; (e)
document may be established: (a) by that the judgment debt has been paid or
the person or persons who executed it; otherwise satisfied; or (f) where it
(b) by the person before whom its becomes imperative, in the higher
execution was acknowledged; (c) by any interests of justice, to direct its
person who was present and saw it modification in order to harmonize the
executed and delivered; (d) by any disposition with the prevailing
person who, after its execution and circumstances. [Ortegas v. Hidalgo, GR
delivery, saw it and recognized the 80140. June 28, 1991].
signatures; or (e) by a person to whom
the parties to the instrument had Execution, writ of. See Writ of
previously confessed the execution Execution.
thereof. [E. Michael & Co. v. Enriquez,
GR 10824. Dec. 24, 1915]. See also Executive agreement. A treaty or
Destruction of the instrument; how international agreement entered into by
proved and Loss of the instrument; a state's executive without following the
how shown. state's constitutionally required
ratification procedure. It is not effective
Execution of deeds by means of domestically. [Intl. Law Dict. & Direct.,
violence or intimidation. The offense 2004].
committed by any person who, with
intent to defraud another, by means of Executive clemency. See Clemency.
violence or intimidation, shall compel
him to sign, execute or deliver any Executive committee. A committee
public instrument or documents. [Art. created under the by-laws of a
298, RPC]. corporation composed of not less than
three members of the board of
Execution of judgment pending directors, to be appointed by such
appeal. See Discretionary board, which may act, by majority vote
execution. of all its members, on such specific
matters within the competence of the
Execution of judgment pending board, as may be delegated to it in the
appeal. Requisites for the valid exercise by-laws or on a majority vote of the
of the discretion: (a) There must be a board, except with respect to: (a)
motion by the prevailing party with approval of any action for which
notice to the adverse party; (b) there shareholders' approval is also required;
must be a good reason for execution (b) the filing of vacancies in the board;
pending appeal; and (c) the good (c) the amendment or repeal of by-laws
reason must be stated in a special or the adoption of new by-laws; (d) the
order. [Engg Constn v. Napocor, 163 amendment or repeal of any resolution
SCRA 9, 15-16 [1988]; Eudela v. CA, of the board which by its express terms
supra note 36, at 551]. is not so amendable or repealable; and
(e) a distribution of cash dividends to
Execution of judgments; when the shareholders. [Sec. 35, Corp. Code].
stayed. The court would invariably stay
execution of judgments: (a) when Executive construction. The
certain facts and circumstances construction and interpretation of laws
transpire or supervene after the or statutes by the various executive
judgment has become final which could heads of the various departments of the
render the execution of the judgment government. [Suarez, Pol. Law
st
unjust; (b) when there has been a Reviewer, 1 Ed., 2002, pp. 9, citing

221
Govt. v. Mun. of Binalonan, 32 Phil. punishment of the defendant as a

634]. deterrent to others. The terms
exemplary, punitive and vindictive
Executive judge. The presiding or damages are used interchangeably.
administrative judge in a court. [Torres, Oblig. & Cont., 2000 Ed., p.
2001-2006].
Exempting circumstances. Those
Executive power. Pol. Law. The power circumstances wherein there is an
to enforce and administer the laws. It is absence in the agent of the crime any or
the power of carrying the laws into all of the conditions that would make an
practical operation and enforcing their act voluntary and hence, although there
due observance. [Ople v. Torres, GR is no criminal liability, there is civil
127685. July 23, 1998, citing Cruz, Phil. liability. [Gregorio, Fund. of Crim. Law
Pol. Law, p. 173 (1996) and Taada and Rev., 1997 9th Ed., p. 51].
Carreon, Pol. Law of the Phils., vol. 1, p.
275 (1961)]. Exemption from taxation. See Tax
exemption.
Executor. 1. The person named in the
will who is entrusted to implement its Exequatur. From Lat. exequi: to perform
provisions. But the executor needs to be or to execute. 1. Hearing to determine if
issued letters testamentary after the a foreign judgment should be
court determines his or her recognized and enforced locally. [Intl.
qualifications. A lady executor is called Law Dict. & Direct., 2004]. 2. The
executrix. [Bench Book for Trial Court permission given the consuls by the
Judges, p. 3-2]. 2. A person specifically receiving state to perform their
appointed by a testator to administer functions therein. [Cruz, Intl. Law
the will ensuring that final wishes are Reviewer, 1996 Ed., p. 90]. Compare
respected (i.e., that the will is properly with Letter patent.
executed). An executor is a personal
representative. [Duhaime's Legal Dict., Ex filio. Sp. Of the son. [Barretto v.
2004]. 3. A personal representative, Tuason, GR 23923. Mar. 23, 1926].
named in a will, who administers an
estate. [Glossary of Legal Terms (Pro- Exhaustion doctrine. Doctrine that
Se), 2004]. holds that, once a copy of a copyrighted
work is in circulation, the author has no
Executory. It means that some further right to control its distribution.
provisions of the contract still have to be [Intl. Law Dict. & Direct., 2004].
complied with. [Torres, Oblig. & Cont.,
2000 Ed., p. 350]. Compare with Exhaustion of administrative
Executed. remedies doctrine. Resort to the
appropriate administrative authorities in
Executory contract. A contract where the resolution of a controversy falling
no performance has yet been made. under their jurisdiction before the same
[Morenos Law Dict., 2000 Ed., p. 167]. may be elevated to the courts of justice
for review. [Sunville v. Abad, GR 85502.
Exemplary or corrective damages. 1. Feb. 24, 1992].
These are imposed, by way of example
or correction for the public good, in Exhaustion of administrative
addition to the moral, temperate, remedies. Exceptions: (a) When the
liquidated or compensatory damages. question raised is purely legal; (b) when
[Art. 2229, CC]. 2. Damages which are the administrative body is in estoppel;
given in enhancement merely of the (c) when the act complained of is
ordinary damages on account of patently illegal; (d) when there is urgent
wanton, reckless, malicious or need for judicial intervention; (e) when
oppressive character of the acts the claim involved is small; (f) when
complained of. Such damages go irreparable damage will be suffered; (g)
beyond the actual damages suffered in when there is no other plain, speedy
the case; they are allowed as a and adequate remedy; (h) when strong

222
public interest is involved; (i) when the Existing mining right. Perfected and
subject of the controversy is private subsisting claim, lease, license or permit
land; and (j) in quo warranto covering a mineralized area prior to its
proceedings. declaration as a people's small-scale
mining area. [Sec. 3, RA 7076].
Exhaustion of remedies. Intl. Law.
Before suit may be brought against a Existing mining or quarrying right. A
state in an international tribunal on valid and subsisting mining claim or
behalf of a private person, the private permit or quarry permit or any mining
person must first seek to obtain relief lease contract or agreement covering a
from that state. [Intl. Law Dict. & mineralized area granted/issued under
Direct., 2004]. pertinent mining laws. [Sec. 3, RA
7942].
Exhaustion of rights doctrine.
Doctrine that holds that, once a good Ex mero motu. Lat. Of his own mere
made or sold under license is in motion; of his own accord; voluntarily
circulation, the licensor has no further and without prompting or request.
right to control its distribution. [Intl. Law [Blacks Law Dict., Abr. 5th Ed. (1983),
Dict. & Direct., 2004]. p. 296].
Exhibitionism. Also Indecent Ex nihilo, nihilo fit. Lat. From nothing,

exposure. Legal Med. The willful nothing comes. [Morenos Law Dict.,
exposure in public places of ones 2000 Ed., p. 163].
genital in the presence of other persons,
usually the opposite sex. [Olarte, Legal Ex-officio. Lat. From office; By virtue of
Med., 1st Ed. (2004), p. 118]. office. 1. An authority derived from
official character merely, not expressly
Exhibits. Evid. 1. Documents or objects conferred upon the individual character,
shown to the court as evidence in a but rather annexed to the official
trial. They are each given a number or position. 2. An act done in an official
letter by the clerk of court as they are character, or as a consequence of office,
introduced for future reference during and without any other appointment or
the trial. Except with special permission authority than that conferred by the
of the court, exhibits are placed in the office. [Civil Liberties Union v. Exec.
custody of the court until the trial is Sec., GR 83896. Feb. 22, 1991, citing
over. 2. Documents or other items Black's Law Dict., p. 516; 15A Words &
introduced as evidence during a trial or Phrases, p. 392].
hearing. [Glossary of Legal Terms (Pro-
Se), 2004]. Ex-officio member of a board. One
who is a member by virtue of his title to
Exhumation. See Disinterment. a certain office, and without further
warrant or appointment. [Civil Liberties
Exigencies or Exigency. In a broad Union v. Exec. Sec., GR 83896. Feb. 22,
sense, the demands or requirements 1991, citing 15A Words and Phrases, p.
inherent in a given situation. In a strict 392].
sense, a state of being urgent; a
situation which demands immediate Exonerate. 1. To exculpate, to relieve.
attention and prompt solution; an [Clemente v. COA, GR L-47793. Mar. 20,
emergency. Such need or necessity as 1984, citing 35 CJS, p. 227]. To clear
belongs to the occasion; demands, from accusation or blame. [Ibid., citing
requirements usually used in plural. Webster, 3rd New Intl. Dict. of the Engl.
[Morenos Law Dict., 2000 Ed., p. 168]. Lang.]. The word may imply complete
clearance not only from immediate
Exigencies of the service. Admin. Law. charge or accusation but from suspicion
The urgency or demand for the work or attendant denigration. [Ibid.]. 2.
performed by a government officer. Removal of a charge, responsibility, or
[Morenos Law Dict., 2000 Ed., p. 168]. duty. [Glossary of Legal Terms (Pro-Se),
2004].

223
Exotic species. Species or subspecies

which do not naturally occur in the Expediente. Sp. Record (of the case or
country. [Sec. 5, RA 9147]. proceeding). [Tambunting v.
Tambunting de Oliveros, GR 10365.
Ex pacto illicito non oritur actio. Lat. Sep. 29, 1915].
No action arises out of an illicit bargain.
[Lita Enterprises, Inc. v. IAC, GR L- Expendable supplies. Articles which are
64693. Apr. 27, 1984]. consumed in use, such as ammunition,
fuel, forage, drugs, medicines, and such
Ex parte. Lat. For one party only. 1. An spare or repair parts as are used to
application to the court made by one repair or complete other articles and
litigant without notice to the other. which thereby lose their identity in the
[Torres, Oblig. & Cont., 2000 Ed., p. process. [IRR on Supply & Prop. Mgt.,
350]. 2. When a defendant is declared per Sec. 383, LGC].
in default (for failure to file answers), or
considered as in default (for failure to Expenditure. 1. Payment. [15A Words &
appear at the pre-trial), the Court may Phrases 414, citing People v Kane 61
now authorize the Clerk of Court to N.Y.S. 195, 43 App Div 472]. 2. The
receive evidence ex-parte. [Sec. F, 1, of spending of money; the act of
the Manual for Clerks of Court (pp. 75- expending; disbursement expense;
76), as amended]. 3. On behalf of only money expended; a laying out of
one party, without notice to any other money; payment. [15A Words & Phrases
party. For example, a request for a 414, citing Crow v Board of Supv'rs of
search warrant is an ex parte Stanislaus County, 27 P2d 655, 135 Cal
proceeding, since the person subject to App 451].
the search is not notified of the
proceeding and is not present at the Expenses for pure luxury or mere
hearing. [Glossary of Legal Terms (Pro- pleasure. Expenses which shall not be
Se), 2004]. refunded to the possessor in good faith
who he may remove the ornaments with
Ex parte motion. See Motion ex parte. which he has embellished the principal
thing if it suffers no injury thereby, and
Ex-parte proceeding. Rem. Law. A if his successor in the possession does
judicial proceeding brought for the not prefer to refund the amount
benefit of one party only, and without expended. [Art. 548, CC].
notice to, or consent by any person
adversely interested or a proceeding Experimental farms. Agricultural land
wherein relief is granted without an utilized by a business or corporation to
opportunity for the person against conduct studies, tests, researches or
whom the relief is sought to be heard. experiments involving agricultural,
[GSIS v. CA, GR 42278. Jan. 20, 1989]. agribusiness, marine, or aquatic,
livestock, poultry, dairy and other similar
Expatriate. A person who has products for the purpose of improving
abandoned his country of origin and the quality and quantity of goods or
citizenship and has become a subject or products. [Art. 243, IRR, LGC].
citizen of another country. [Duhaime's
Legal Dict., 2004]. Expert. One possessing in regard to a
particular object or department of
Expatriation. The voluntary act of human activity, knowledge not usually
abandoning citizenship of ones country, acquired by other persons [US v. Gil, 13
and becoming the citizen or subject of Phil. 530].
another. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 1]. Expert evidence. The testimony of one
possessing in regard to a particular
Expected results. The services, subject or department of human
products, or benefits that shall accrue to activity, knowledge not usually acquired
the public, estimated in terms of by other persons. [Francisco, Evidence,
performance measures or physical Vol. VII, Part 1, 1997 Ed., p. 9].
targets. [Sec. 306, LGC].

224
Expert testimony. Testimony given in acrobat, gymnast, rope-walker, diver,

relation to some scientific, technical or wild-animal tamer or circus manager or
professional matter by experts, i.e., engaged in a similar calling, shall
person qualified to speak authoritatively employ in exhibitions of these kinds
by reason of their special training, skill children under sixteen years of age who
or familiarity with the subject. [Jurists are not his children or descendants; 3.
Legal Dict., 2004]. any person engaged in any of the
callings enumerated in the preceding
Expert witness. One who belongs to the number who shall employ any
profession or calling to which the descendant of his under twelve years of
subject matter of the inquiry relates and age in such dangerous exhibitions; 4.
who possesses special knowledge as to any ascendant, guardian, teacher or
the very question on which he proposes person entrusted in any capacity with
to express an opinion. [Phil. Law Dict., the care of a child under sixteen years
p. 227 citing People v. Santos, 65 OG of age, who shall deliver such child
7472]. gratuitously to any person following any
of the callings enumerated in number 2
Expiration of the term. Admin. Law. In hereof, or to any habitual vagrant or
the law of public officers, a method of beggar; or 5. any person who shall
terminating official relations. [Achacoso induce any child under sixteen years of
v. Macaraig, GR 93023. Mar. 13, 1991]. age to abandon the home of its
ascendants, guardians, curators, or
Expiry or expiration date. The date teachers to follow any person engaged
stated on the label of food, drug, in any of the callings mentioned in
cosmetic, device or hazardous number 2 hereof, or to accompany any
substance after which they are not habitual vagrant or beggar. [Art. 278,
expected to retain their claimed safety, RPC].
efficacy and quality or potency and after
which it is no longer permissible to sell Exploited infant or child. An infant or
them. [Art. 4, RA 7394]. child 8 years and below who is used in
begging or one who accompanies a
Exploitation. 1. The actual extraction, habitual vagrant or beggar. [Sec. 3, PD
gathering and collection in accordance 1563].
with acceptable coral development and
conservation practices. [Sec. 3, PD Exploration. 1. The searching or
1219]. 2. The extraction and utilization prospecting for mineral resources by
of mineral deposits. [Sec. 2, PD 463]. geological, geochemical or geophysical
surveys, remote sensing, test pitting,
Exploitation concession. A concession trending, drilling, shaft sinking,
which grants to the concessionaire the tunneling, or any other means for the
exclusive right to develop petroleum purpose of determining the existence,
production within the specified areas. extent, quantity and quality thereof and
[Art. 10, RA 387]. the feasibility of mining them for profit.
[Sec. 3, RA 7942]. 2. The examination
Exploitation of child labor. Crim. Law. and investigation of lands supposed to
The felony committed by anyone who, contain valuable minerals, by drilling,
under the pretext of reimbursing himself trenching, shaft sinking, tunneling, test
of a debt incurred by an ascendant, pitting and other means, for the purpose
guardian or person entrusted with the of probing the presence of mineral
custody of a minor, shall, against the deposits and the extent thereof. [Sec. 2,
latter's will, retain him in his service. PD 463].
[Art. 273, RPC].
Exploration concession. A concession
Exploitation of minors. Crim. Law. The which grants to the concessionaire the
felony committed by: 1. any person who exclusive right to explore for petroleum
shall cause any boy or girl under sixteen within specified areas. [Art. 10, RA 387].
years of age to perform any dangerous
feat of balancing, physical strength, or Exploration expenditures.
contortion; 2. any person who, being an Expenditures paid or incurred for the

225
purpose of ascertaining the existence, increase export sales and perform

location, extent, or quality of any competitively in the export market. [Sec.
deposit of ore or other mineral, and paid 4, RA 7844].
or incurred before the beginning of the
development stage of the mine or Export permit. A permit authorizing an
deposit. [Sec. 34, NIRC, as amended]. individual to bring out wildlife from the
Philippines to any other country. [Sec.
Exploration permit. The permit granted 5, RA 9147].
by the Mines and Geosciences Bureau to
a qualified person for the right to Export processing zone (EPZ). 1. A
conduct exploration for all minerals in specialized industrial estate located
specified areas. [Sec. 20, RA 7942]. physically and/or administratively
outside customs territory, predominantly
Explosive. Any substance, either solid or oriented to export production.
liquid, mixture or single compound, Enterprises located in export processing
which by chemical reaction liberates zones are allowed to import capital
heat and gas at high speed and causes equipment and raw materials free from
tremendous pressure resulting in duties, taxes and other import
explosion. The term shall include but restrictions. [Sec. 4, RA 7916]. 2. A free
not limited to dynamites, firecrackers, zone in which manufacturing facilities
blasting caps, black powders, bursters, allowed to process foreign goods and
percussions, cartridges and other materials for export without paying
explosive materials, except bullets for tariffs or duties either when the goods
firearm. [Sec. 5, RA 6235]. or materials are imported or exported.
Export. To bring out of the Philippines by
sea, land or air. [Sec. 6, EO 175, May Export promotion. A range of export
22, 1987]. activities which the public and private
sectors undertake, such as networking,
Export Development Act of 1994. RA especially in export support services and
7844 entitled An Act to develop exports the provision of trade/market
as a key towards the achievement of the information; organization of trade fairs
national goals towards the year 2000 and missions; provision of advisory
enacted on Dec. 21, 1994. services; conduct of seminars, lectures,
workshops, conferences and training on
Exporter. Any person, natural or export-related subjects; publication of
juridical, licensed to do business in the export-related documents; handling of
Philippines, engaged directly or quality standards, product design and
indirectly in the production, manufacture such other activities aimed at promoting
or trade of products or services which existing exports, especially those meant
earns at least fifty percent (50%) of its to reinforce and improve the position of
normal operating revenues from the Philippine export products in specific
sale of its products or services abroad foreign markets, principally being those
for foreign currency. [Sec. 4, RA 7844]. activities necessary for the
implementation of the Philippine Export
Export fees. The total foreign exchange Development Plan. [Sec. 4, RA 7844].
which is charged or received by a
registered service exporter for furnishing Export sales. It means: (a) The sale and
or performing services, or permitting the actual shipment of goods from the
showing or playing, outside of the Philippines to a foreign country,
Philippines, of television or motion irrespective of any shipping
pictures or musical recordings. [Sec. 3, arrangement that may be agreed upon
RA 6135]. which may influence or determine the
transfer of ownership of the goods so
Export incentives. Support measures exported and paid for in acceptable
provided by the government to foreign currency or its equivalent in
exporters to encourage investment in goods or services, and accounted for in
the export sector, create a freer trade accordance with the rules and
environment and motivate exporters to regulations of the Bangko Sentral ng

226
Pilipinas (BSP); (b) Sale of raw materials proclamation of amnesty. [In re: Kay
or packaging materials to a nonresident Villegas Kami, L-32485, Oct. 22, 1970].
buyer for delivery to a resident local
export-oriented enterprise to be used in Ex post facto law. Const. Law. A law
manufacturing, processing, packing or passed after the occurrence of a fact or
repacking in the Philippines of the said commission of an act, which
buyer's goods and paid for in acceptable retrospectively changes the legal
foreign currency and accounted for in consequences or relations of such fact
accordance with the rules and or deed. It is a law which provides for
regulations of the Bangko Sentral ng the infliction of punishment upon a
Pilipinas (BSP); (c) Sale of raw materials person for an act done which, when it
or packaging materials to export- was committed, was innocent; a law
oriented enterprise whose export sales which aggravates a crime or makes it
exceed seventy percent (70%) of total greater than when it was committed; a
annual production; (d) Sale of gold to law that changes the punishment or
the Bangko Sentral ng Pilipinas (BSP); inflicts a greater punishment than the
and (e) Those considered export sales law annexed to the crime when it was
under EO 226, otherwise known as the committed; a law that changes the rules
Omnibus Investment Code of 1987, and of evidence and receives less or
other special laws. [Sec. 105, NIRC, as different testimony than was required at
amended]. the time of the commission of the
offense in order to convict the offender;
Export transaction. Any transaction a law which, assuming to regulate civil
involving: (a) the export of goods out of rights and remedies only, in effect
the Philippines; (b) the manufacture, imposes a penalty or the deprivation of
treatment or servicing of goods for, or a right which, when done, was lawful; a
the sale or leasing of goods to a foreign law which deprives persons accused of
customer; (c) the sale or licensing of crime of some lawful protection to which
any right in a patent, trademark, or they have become entitled, such as the
copyright to a foreign customer; or (d) protection of a former conviction or
the rendering to a foreign customer of acquittal, or of the proclamation of
any managerial, construction, amnesty; every law which, in relation to
technological, marketing or other the offense or its consequences, alters
services. [Sec. 3, RA 6424]. the situation of a person to his
disadvantage. [People v.
Ex post facto. Const. Law. Lat. After the Sandiganbayan, GR 101724. July 3,
fact. A law which: (a) makes criminal an 1992, citing Black's Law Dict., 5th Ed., p.
act done before the passage of the law 520].
and which was innocent when done,
and punishes such an act; (b) Ex post facto law. Const. Law.
aggravates a crime, or makes it greater Requisites: The law must: (a) refer to
than it was, when committed; (c) criminal matters; (b) be retroactive in its
changes the punishment and inflicts a application; and (c) to the prejudice of
greater punishment than the law the accused. [Cruz, Const. Law, 1989
annexed to the crime when committed; Ed., p. 244].
(d) alters the legal rules of evidence,
and authorizes conviction upon less or Express acceptance of the
different testimony than the law inheritance. An acceptance of the
required at the time of the commission inheritance which must be made in a
of the offense; (e) assuming to regulate public or private document. [Art. 1049,
civil rights and remedies only, in effect CC].
imposes penalty or deprivation of a right
for something which when done was Express consent. The authority
lawful; and (f) deprives a person expressly granted by a law to sue the
accused of a crime of some lawful state or any of its agencies. [Suarez,
protection to which he has become Pol. Law Reviewer, 1st Ed., 2002, p. 37].
entitled, such as the protection of a Compare with Implied consent.
former conviction or acquittal, or a

227
Expressed breast milk. The human milk to purchase the same, and the buyer
which has been extracted from the relying thereon purchases the thing.
breast by hand or by breast pump. It [Art. 1546, CC]. 2. Ins. A statement in a
can be fed to an infant using a dropper, policy of matter relating to the person or
a nasogatric tube, a cup and spoon, or a thing insured, or to the risk, as a fact.
bottle. [Sec. 3, RA 7600]. [Sec. 71, IC].
Expressio unius est exclusio alterius. Expromission. 1. A form of novation

Lat. Express mention is implied wherein the initiative for the change
exclusion. [Rep. v. Estenzo, GR L-35376. does not come from the debtor and may
Sep. 11, 1980]. even be made without his knowledge,
since it consists in a third person
Express malice. See Malice in fact. assuming the obligation. As such, it
logically requires the consent of the
Express pardon. There is express third person and the creditor. [De
pardon when the offended party in Cortes v. Venturanza, GR L-26058. Oct.
writing or in an affidavit asserts that he 28, 1977]. 2. A form of novation by
or she is pardoning his or her erring which a creditor accepts a new debtor
spouse and paramour for their who becomes bound in place of the old
adulterous act this is a case of express debtor, the latter being released.
pardon. [Ligtas v. CA, GR L-47498. May [Torres, Oblig. & Cont., 2000 Ed., p.
7, 1987, citing People v. Mendez (CA) 350]. Compare with Delegacion.
OG 1909]. Compare with Implied
pardon. Expropriation. From Lat. ex: from; and
proprius: one's own. 1. A taking of
Express prohibition. That which is privately owned property by a
directly or distinctly stated, i.e., government. [Intl. Law Dict. & Direct.,
prohibited, not merely implied or left to 2004]. 2. The forced sale of land to a
inference. [Morenos Law Dict., 2000 public authority. [Duhaime's Legal Dict.,
Ed., p. 169]. 2004]. Synonymous to the Doctrine of
eminent domain.
Express repeal. A repeal of a law by
incorporating therein a repealing Expropriation, stages in an action of.
provision which expressly and There are two (2) stages in every action
specifically cites the particular law or of expropriation. The first is concerned
laws, and portions thereof, that are with the determination of the authority
intended to be repealed. A declaration in of the plaintiff to exercise the power of
a statute, usually in its repealing clause, eminent domain and the propriety of its
that a particular and specific law, exercise in the context of the facts
identified by its number or title, is involved in the suit. It ends with an
repealed. [Mecano v. COA, GR 103982. order, if not of dismissal of the action,
Dec. 11, 1992]. Compare with Implied of condemnation declaring that the
repeal. plaintiff has a lawful right to take the
property sought to be condemned, for
Express trusts. 1. Trusts that are the public use or purpose described in
created by the intention of the trustor or the complaint, upon the payment of just
of the parties. [Art. 1441, CC]. 2. Those compensation to be determined as of
trusts which are created by the direct the date of the filing of the complaint.
and positive acts of the parties, by some An order of dismissal, if this be
writing or deed, or will, or by words ordained, would be a final one, of
evincing an intention to create a trust. course, since it finally disposes of the
[O'laco v. Co Cho Chit, GR 58010. Mar. action and leaves nothing more to be
31, 1993]. Compare with Implied done by the Court on the merits. So,
trusts. too, would an order of condemnation be
a final one, for thereafter, as the Rules
Express warranty. 1. Civ. Law. Any expressly state, in the proceedings
affirmation of fact or any promise by the before the Trial Court, no objection to
seller relating to the thing the natural the exercise of the right of
tendency of which is to induce the buyer condemnation (or the propriety thereof)

228
shall be filed or heard. The second contributions from the National

phase of the eminent domain action is Government in the form of subsidy or
concerned with the determination by the capital subscription payments, funds
Court of the just compensation for the generated through sale of stocks to the
property sought to be taken. [Mun. of public, and donations from private
Bian v. Garcia, GR 69260. Dec. 22, individuals or institutions [Sec. 3, EO
1989]. 518].
Expulsion. Crim. Law. The felony Extinctive prescription. The loss of

committed by any public officer or rights and actions through the lapse of
employee who, not being authorized by time. [Claridades, A., Compilation of
law, shall expel any person from the Notes, 2001-2006].
Philippines or shall compel such person
to change his residence. [Art. 127, Extinguishing criminal liability.
RPC]. Modes: The causes that totally
extinguish criminal liability enumerated
Expunge. To physically erase; to white or under Art. 89 of the Rev. Penal Code are
strike out. To Expunge something from as follows: (a) the death of the convict,
a court record means to remove every as to the personal penalties; and as to
reference to it from the court file. pecuniary penalties, liability therefore is
[Duhaime's Legal Dict., 2004]. extinguished only when the death of the
offender occurs before final judgment;
Ex rel. An abbreviation of Ex relatione, (b) service of the sentence; (c)
Latin for on the relation of. It refers to amnesty, which completely extinguishes
information or action taken that is not the penalty and all its effects; (d)
based on first-hand experience but is absolute pardon; (e) prescription of the
based on the statement or account of crime; (f) prescription of the penalty;
another person. [Duhaime's Legal Dict., (g) the marriage of the offended
2004]. woman, as provided in Art. 344 of the
Code. [Tangan v. People, GR L-73963.
Extension services. 1. The provision of Nov. 5, 1987].
training, information, and support
services by the government and non- Extinguishment of obligations.
government organizations to the Obligations are extinguished: (a) by
agriculture and fisheries sectors to payment or performance; (b) by the loss
improve the technical, business and of the thing due; (c) by the condonation
social capabilities of farmers and or remission of the debt; (d) by the
fisherfolk. [Sec. 4, RA 8435]. 2. The confusion or merger of the rights of
technology transfer provided by the creditor and debtor; (e) by
Government and nongovernment compensation; (f) by novation. [Art.
organizations to the agricultural sector 1231, CC].
such as training of farmers, credit
assistance and the like. [Sec. 4, RA Extinguishment of obligations. Other
7607]. causes: (a) annulment; (b) rescission;
(c) fulfillment of a resolutory condition;
Extension worker. A government (d) arrival of a resolutory period; (e)
employee who is primarily or fully prescription; (f) death of a party in case
engaged in the non-formal transfer of of personal obligations; (g) happening
scientific and technological knowledge of a fortuitous event. [Diaz, Bus. Law
and skills for the practical use of a Rev., 1991 Ed., p. 35].
specific target clientele by performing
any one or a combination of the Extort. To obtain from an unwilling or
functions of facilitating, supervising, reluctant person by physical force,
disseminating, or implementing. [EO intimidation or the abuse of legal or
715, Aug. 6, 1981]. official authority. [Macias v. Malig, Adm.
Case 2409. Jan. 29, 1988, citing
External sources of funds. Those that Webster's 3rd New Intl. Dict., 1981 Ed.].
are obtained from such sources as
foreign and domestic borrowings,

229
Extortion. Forcing a person to give up Extraordinary diligence. 1. A duty to

property in a thing through the use of carry passengers safely as far as human
violence, fear or under pretense of care and foresight can provide, using
authority. [Duhaime's Legal Dict., 2004]. the utmost diligence of very cautious
persons, with a due regard for all the
Extract. To separate an ore or mineral circumstances. [Lausa v. NLRC, GR
from a deposit. [Morenos Law Dict., 79731. July 9, 1990]. 2. A duty to carry
2000 Ed., p. 170]. passengers safely as far as human care
and foresight can provide, using the
Extradition. Intl. Law. 1. Delivery by the utmost diligence of very cautious
state of a person accused or convicted persons, with a due regard for all the
of a crime, to another state within circumstances. [Art. 1755, CC].
whose territorial jurisdiction, actual or
constructive, it was committed and Extraordinary expense. That employed
which asks for his surrender with a view for an exceptional purpose not usual,
to execute justice. [Wright v. CA, GR regular or of the customary kind.
113213. Aug. 15, 1994, citing Bishop [Morenos Law Dict., 2000 Ed., p. 170].
Intl. Law 471 (1962)]. 2. The arrest and
delivery of a fugitive wanted for a crime Extraordinary inflation. A decrease or
committed in another country, usually increase in the purchasing power of the
under the terms of an extradition treaty. Philippine currency which is unusual or
3. The surrender of an accused criminal beyond the common fluctuation in the
by one state to the jurisdiction of value of said currency, and such
another. [Glossary of Legal Terms (Pro- decrease or increase could not have
Se), 2004]. been reasonably foreseen or was
manifestly beyond the contemplation of
Extradition treaties. Intl. Law. Treaties the parties at the time of the
entered into for the purpose of establishment of the obligation. [Filipino
suppressing crime by facilitating the Pipe and Foundry Corp. v. NAWASA, GR
arrest and custodial transfer of a fugitive L-43446. May 3, 1988].
from one state to the other. [Sandoval,
Pol. Law Reviewer 2003, citing Extraordinary inflation or deflation of
Bassiouni, Intl. Extradition, 1987 ed., p. currency. Any uncommon decrease or
68]. increase in the purchasing power of the
currency which could not have been
Extra-judicial admission. An admission reasonably foreseen. [Torres, Oblig. &
made out of court. [Francisco, Evidence, Cont., 2000 Ed., p. 115].
Vol. VII, Part 1, 1997 Ed., p. 90].
Compare with Judicial admission. Extraordinary prescription. The
acquisition ipso facto of ownership of
Extra-judicial confession. A confession real property by possession through
made by the accused in any other place lapse of time, regardless of good faith
or occasion and cannot sustain a or bad faith on the part of the adverse
conviction unless its voluntariness is possessor. [Morenos Law Dict., 2000
proven and unless corroborated by Ed., p. 171].
evidence of the corpus delicti.
[Claridades, A., Compilation of Notes, Extraordinary writ. A writ, often issued
2001-2006]. Compare with Judicial by an appellate court, making available
confession. remedies not regularly within the
powers of lower courts. They include
Extraordinary acquisitive writs of habeas corpus, mandamus,
prescription. This requires that there prohibition and quo warranto. [Jurists
be public, peaceful and uninterrupted Legal Dict., 2004].
possession in the concept of owner for a
period of thirty (30) years. [Borillo v. Extraterritorial jurisdiction. Pol. Law.
CA, GR 55691. May 21, 1992; Art. 1137, The power and jurisdiction of the state
CC]. beyond or outside its territory. [Suarez,
Pol. Law Reviewer, 1st Ed., 2002, p. 35].

230
Extraterritorial service of summons. may be availed of. [Yatco v. Sumagui,

The service of summons effected, with 44623-R, July 31, 1971; Cited in Phil.
leave of court, out of the Philippines in Law Dict., 1972 Ed. by Moreno; Varela
three ways: (a) personal service; (b) by v. Villanueva, 95 Phil. 248]. Compare
publication in a newspaper of general with Intrinsic fraud.
circulation in such places and for such
time as the court may order, in which Ex turpi causa non oritur action. Lat.
case a copy of the summons and order From a base cause no action arises. The
of the court should be sent by legal principle thus expressed is that, on
registered mail to the last known grounds of public policy, no court will
address of the defendant, and (c) lend its aid to a party who founds his
service of summons may be effected in cause of action on an illegal or an
any other manner which the court may immoral act. [Tetley, Glossary of Conflict
deem sufficient. [De Midgely v. of Laws, 2004]
Ferandos, GR L-34314. May 13, 1975].
Eye bank. A laboratory or institution with
Extravagant expenditures. Those the capability to perform all or some of
expenditure incurred without restraint, the activities related to preparing eye
judiciousness and economy. Extravagant tissue for transplant such as, but no
expenditures exceed the bounds of limited to, motivation and recruitment of
propriety. These expenditures are donors, eye and eye tissue retrieval,
immoderate, prodigal, lavish, luxurious, screening of donor blood, processing,
wasteful, grossly excessive, and evaluation and grading of eye/corneal
injudicious. [COA Circular No. 88-55-A, tissue, and distribution of said tissue for
dated 08 Sep. 1985]. transplant, research and/or teaching.
[Sec. 4, DOH Admin. Order 11-95].
Extrinsic ambiguity. Also Patent
ambiguity. Ambiguity not apparent on
the face of the writing itself and requires
something to be added in order to
ascertain the meaning of the words
used. [Claridades, A., Compilation of
Notes, 2001-2006]. Compare with
Intrinsic or latent ambiguity.
Extrinsic fraud. Also Collateral fraud.

1. As a ground for annulment of
judgment, it is any act or conduct of the
prevailing party which prevented a fair
submission of the controversy.
[Francisco v. David, 38 OG 714]. 2. A
fraud which prevents a party from
having a trial or presenting all of his
case to the court, or one which operates
upon matters pertaining, not to the
judgment itself, but to the manner by
which such judgment was procured so
much so that there was no fair
submission of the controversy. For
instance, if through fraudulent
machination by one (his adversary), a
litigant was induced to withdraw his
defense or was prevented from
presenting an available defense or cause
of action in the case wherein the
judgment was obtained, such that the
aggrieved party was deprived of his day
in court through no fault of his own, the
equitable relief against such judgment

231
development facility, including but not

limited to the collection of tolls, fees,
rentals or charges from facility users:
Provided, That in case the facility
requires a public utility franchise, the
facility operator shall be Filipino or at
least sixty per centum (60%) owned by
Filipinos. [Sec. 2, RA 7718].
Facio ut des. Lat. I do and you give. An

innominate contract which is based on
the principle that "no one shall unjustly
enrich himself at the expense of
another. [Corpus v. CA, GR L-40424.
June 30, 1980].
Facio ut facias. Lat. I make (or do) that

you make (or do). [Torres, Oblig. &
Cont., 2000 Ed., p. 169].
Fact. Any event or act or condition of

things, assumed (for the moment) as
happening or existing. [Francisco,
-F- Evidence, Vol. VII, Part 1, 1997 Ed., p.

3].
Fabricated evidence. Evidence Fact-finding inquiry. An inquiry akin to

manufactured or arranged after the fact, the investigations conducted by the
and either wholly false or else warped police and other investigative agencies
and discolored by artifice and to gather facts to support the
contrivance with a deceitful intent. subsequent filing of the appropriate
[Herrera, Rem. Law, 1999 Ed., p. 68, charges against suspects. [Kapunan v.
citing 530 Blacks Dict., 5th Ed.]. De Villa, GR L-83177. Dec. 6, 1988].
Compare with Pre-trial investigation.
Facilitator. A person appointed by the
court to pose questions to a child who Fact-in-issue. A fact as to the
may be a child psychologist, correctness of which the court, under
psychiatrist, social worker, guidance the law of the case, must be persuaded.
counselor, teacher, religious leader, [Francisco, Evidence, Vol. VII, Part 1,
parent or relative. [Sec. 4 (c), AM 00-4- 1997 Ed., p. 3].
07-SC].
Factor. Also Commission agent. A
Facilities. The items of expense person who takes property or
necessary for the laborer's and his merchandise of another to sell for him.
family's existence and subsistence, so It may also refer to a person or firm
that by express provision of law, they who takes over the accounts receivable
form part of the wage and when of a business to collect sums of money
furnished by the employer are due. [Torres, Oblig. & Cont., 2000 Ed.,
deductible therefrom, since if they are p. 350].
not furnished, the laborer would spend
and pay for them just the same. [Atok- Factual impossibility. Crim. Law. This
Big Wedge Assn. v. Atok-Big Wedge Co., occurs when extraneous circumstances
L-7349. July 19, 1955; 51 OG 3432]. unknown to the actor or beyond his
control prevent the consummation of
Facility operator. A company registered the intended crime. One example is the
with the SEC, which may or may not be man who puts his hand in the coat
the project proponent, and which is pocket of another with the intention to
responsible for all aspects of operation steal the latter's wallet and finds the
and maintenance of the infrastructure or

232
pocket empty. [Intod v. CA, GR 103119.

Oct. 21, 1992]. Failure of elections. Pre-conditions for
declaring a failure of election: (a) that
Factum probandum. Lat. A fact no voting has been held in any precinct
established and proved in evidence. or precincts because of force majeure,
[Moy Ya Lim Yao v. Comm. of violence or terrorism, and (b) that the
Immigration, GR L-21289. Oct. 4, 1971]. votes not cast therein suffice to affect
The ultimate fact sought to be the results of the elections. [Sardea v.
established. [Claridades, A., Compilation Comelec, GR 106164. Aug. 17, 1993].
of Notes, 2001-2006].
Failure of justice. The defeat of a
Factum probans. Lat. The material particular right, of the failure of
evidencing the proposition. It is the fact reparation for a particular wrong, from
by which the factum probandum is the lack or inadequacy of a legal remedy
established. [Claridades, A., Compilation for the enforcement of the one or the
of Notes, 2001-2006]. redress of the other. [Sec. 9, PD 1487].
Facultative. The term is used in Failure to make delivery of public

reinsurance contracts merely to define funds or property. Crim. Law. The
the right of the reinsurer to accept or felony committed by any public officer
not to accept participation in the risk under obligation to make payment from
insured. But once the share is accepted, Government funds in his possession,
the obligation is absolute and the who shall fail to make such payment, or
liability assumed thereunder can be by any public officer who, being ordered
discharged by one and only way by competent authority to deliver any
payment of the share of the losses. property in his custody or under his
There is no alternative or substitute administration, shall refuse to make
prestation. [Equitable Ins. and Casualty such delivery. [Art. 221, RPC].
Co., Inc. v. Rural Ins. and Surety Co.,
Inc., GR L-17436. Jan. 31, 1962]. Failure to state a cause of action. Civ.
Pro. The situation where the complaint
Facultative obligation. An obligation (which) does not allege a sufficient
where only one prestation has been cause of action is raised in a motion to
agreed upon, but the obligor may dismiss under Rule 16 (of the) Rules of
render another in substitution. [Art. Court, before a responsive pleading is
1206, CC]. Compare with Alternative filed and can be determined only from
obligation. the allegations in the initiatory pleading
and not from evidentiary or other
Failure of accountable officer to matters aliunde. [Domondon v. Lopez,
render accounts. Crim. Law. The AM RTJ-02-1696, June 20, 2002].
felony committed by any public officer, Compare with Lack of cause of
whether in the service or separated action.
therefrom by resignation or any other
cause, who is required by law or Fair and Equitable Access to
regulation to render account to the COA Education Act. RA 7880 entitled An
Auditor, or to a provincial auditor and Act providing for the fair and equitable
who fails to do so for a period of two allocation of the Department of
months after such accounts should be Education, Culture and Sports budget
rendered. [Art. 218, RPC]. for capital outlay enacted on Feb. 20,
1995.
Failure of a responsible public officer
to render accounts before leaving Fair day's wage for a fair day's labor.
the country. Crim. Law. The felony The rule governing the relation between
committed by any public officer who labor and capital or management and
unlawfully leaves or attempts to leave employee providing that if there is no
the Philippines without securing a work performed by the employee there
certificate from the COA showing that can be no wage or pay, unless the
his accounts have been finally settled. laborer was able, willing and ready to
[Art. 219, RPC]. work but was illegally locked out,

233
dismissed or suspended. [J.P. Heilbronn Art. 304 of the Rev. Penal Code; (b)
Co. v. National Labor Union, 92 Phil. 577 genuine keys stolen from the owner; (c)
(1953)]. any keys other than those intended by
the owner for use in the lock forcibly
Fairest test. In determining whether the opened by the offender. [Art. 305, RPC].
third person's interest in a contract is a
stipulation pour autrui or merely an False medical certificates, false
incidental interest, the fairest test is to certificates of merits or service,
examine the intention of the parties as etc., issuance of. Crim. Law. The
disclosed by their contract. [Florentino felony committed by: (a) any physician
v. Encarnacion, 79 SCRA 192, 201, Sep. or surgeon who, in connection, with the
30, 1977]. practice of his profession, shall issue a
false certificate; (b) any public officer
Fair market value. 1. The price at which who shall issue a false certificate of
a property may be sold by a seller who merit of service, good conduct or similar
is not compelled to sell and bought by a circumstances; (c) or by any private
buyer who is not compelled to buy. person who shall falsify a certificate
[Sec. 199(l), LGC]. 2. The value for falling within the classes mentioned in
which a reasonable seller would sell an the two preceding numbers. [Art. 174,
item of property and for which a RPC].
reasonable buyer would buy it.
[Glossary of Legal Terms (Pro-Se), False pretenses or fraudulent acts. 1.
2004]. In the crime of estafa or swindling, the
act executed prior to or simultaneously
Fallo. The dispositive portion (which) is with the commission of the fraud: (a) By
what actually constitutes the resolution using fictitious name, or falsely
of the court and which is the subject of pretending to possess power, influence,
execution. [Rivera-Olac v. CA, GR qualifications, property, credit, agency,
84256. Sep. 2, 1992]. business or imaginary transactions, or
by means of other similar deceits; (b)
Fall-of-building clause. A clause in a By altering the quality, fineness or
fire insurance policy that if the building weight of anything pertaining to his art
or any part thereof falls, except as a or business; (c) By pretending to have
result of fire, all insurance by the policy bribed any Government employee,
shall immediately cease. [Claridades, A., without prejudice to the action for
Compilation of Notes, 2001-2006]. calumny which the offended party may
deem proper to bring against the
Falsa demonstratio non nocet cum offender; (d) By post-dating a check, or
de corpore constat. Lat. False issuing a check in payment of an
description does not injure or vitiate a obligation when the offender therein
document, provided that the thing or were not sufficient to cover the amount
person intended has once been of the check. The failure of the drawer
sufficiently described. [Claridades, A., of the check to deposit the amount
Compilation of Notes, 2001-2006]. necessary to cover his check within
three (3) days from receipt of notice
Falsa descriptio. Lat. Defective caption from the bank and/or the payee or
given to a pleading. [Amarante v. CA, holder that said check has been
GR 76386. May 21, 1990]. dishonored for lack of insufficiency of
funds shall be prima facie evidence of
False accusation. Malicious prosecution. deceit constituting false pretense or
[Morenos Law Dict., 2000 Ed., p. 173]. fraudulent act [As amended by RA
4885]; (e) By obtaining any food,
False arrest. Any unlawful physical refreshment or accommodation at a
restraint of another's personal liberty, hotel, inn, restaurant, boarding house,
whether or not carried out by a peace lodging house, or apartment house and
officer. [Jurists Legal Dict., 2004]. the like without paying therefor, with
intent to defraud the proprietor or
False keys. The term shall be deemed to manager thereof, or by obtaining credit
include: (a) The tools mentioned in the at hotel, inn, restaurant, boarding

234
house, lodging house, or apartment cases in which the law so requires, or by

house by the use of any false pretense, any person who, in case of a solemn
or by abandoning or surreptitiously affirmation made in lieu of an oath, shall
removing any part of his baggage from commit any of the falsehoods
a hotel, inn, restaurant, boarding house, mentioned in the Rev. Penal Code. [Art.
lodging house or apartment house after 183, RPC].
obtaining credit, food, refreshment or
accommodation therein without paying Falsification. Misrepresentation of a
for his food, refreshment or thing, fact or condition, certifying that a
accommodation. [Art. 315, RPC]. 2. thing is true when it is not, whether one
Representation of some fact or has the right to make the representation
circumstance which is not true and is or certificate. [US v. Buenaventura, 1
calculated to mislead, whereby a person Phil. 433].
obtains another's money or goods.
[Jurists Legal Dict., 2004]. Falsification by ecclesiastic minister.
False return. Taxation. 1. The term ecclesiastical minister who shall commit
merely implies deviation from the truth, any of the offenses enumerated in the
whether intentional or not. [Aznar v. CA, first paragraph of Art. 171 of the Rev.
GR L-20569. Aug. 23, 1974]. 2. It may Penal Code, with respect to any record
not always be an attempt to evade a or document of such character that its
tax. [Comm. of Int. Rev. v. Javier, GR falsification may affect the civil status of
78953. July 31, 1991]. Compare with persons. [Art. 171, RPC].
Fraudulent return.
Falsification by private individual.
False statement. A material statement Crim. Law. The felony committed by: 1.
which is untrue and knowingly stated as any private individual who shall commit
such in the application for a concession, any of the falsifications enumerated in
title or permit (under the provisions of Art. 171 of the Rev. Penal Code in any
the Public Land Act), thus tending to public or official document or letter of
mislead the official charged with the exchange or any other kind of
processing of said application. commercial document; and 2. any
[Claridades, A., Compilation of Notes, person who, to the damage of a third
2001-2006]. party, or with the intent to cause such
damage, shall in any private document
False testimony against a defendant, commit any of the acts of falsification
giving of. Crim. Law. The felony enumerated in Art. 171 of the Rev.
committed by any person who shall give Penal Code. [Art. 172, RPC].
false testimony against the defendant in
any criminal case. [Art. 180, RPC]. Falsification by public officer,
employee or notary. Crim. Law. The
False testimony favorable to the felony committed by any public officer,
defendants, giving of. Crim. Law. The employee, or notary who, taking
felony committed by any person who advantage of his official position, shall
shall give false testimony in favor of the falsify a document by committing any of
defendant in a criminal case. [Art. 181, the following acts: 1. Counterfeiting or
RPC]. imitating any handwriting, signature or
rubric; 2. Causing it to appear that
False testimony in other cases and persons have participated in any act or
perjury in solemn affirmation, proceeding when they did not in fact so
making of. Crim. Law. The felony participate; 3. Attributing to persons
committed by any person, who who have participated in an act or
knowingly makes untruthful statements proceeding statements other than those
and not being included in the provisions in fact made by them; 4. Making
of Art. 180, 181 and 182 of the Rev. untruthful statements in a narration of
Penal Code, shall testify under oath, or facts; 5. Altering true dates; 6. Making
make an affidavit, upon any material any alteration or intercalation in a
matter before a competent person genuine document which changes its
authorized to administer an oath in meaning; 7. Issuing in an authenticated

235
form a document purporting to be a together the individuals composing it,

copy of an original document when no for the common accomplishment of the
such original exists, or including in such individual and spiritual ends of life,
a copy a statement contrary to, or under the authority of the original
different from, that of the genuine ascendant who heads it. [Jurado, Civil
original; or 8. Intercalating any Law Reviewer, 19th Ed., p. 187, citing 4
instrument or note relative to the Valverde 8]. 2. A basic social institution
issuance thereof in a protocol, registry, which public policy cherishes and
or official book. [Art. 171, RPC]. protects. [Suarez, Intro. to Law, 1995
3rd Ed., p. 73].
Falsification of a private document.
Crim. Law. The crime is not committed Family assistance loans. Loans granted
by the mere falsification of the to currently employed migrant workers
document. It does not suffice that the or their eligible dependents/families in
document itself be false, but there must the Philippines to tide them over during
also be proved the prejudice caused to a emergency situations. [Sec. 30, IRR, RA
third person or the intention to cause it. 8042].
[Mercury Drug v. NLRC, GR 96525. June
26, 1992, citing Aquino, Crim. Law, Vol. Family Code. EO 209 entitled The
II, 1987 ed., p. 264; Art. 172 (2), RPC]. Family Code of the Philippines signed
on July 6, 1987.
Falsification of legislative
documents. Crim. Law. The felony Family Courts Act of 1997. RA 8369
committed by any person who, without entitled An Act establishing Family
proper authority therefor alters any bill, Courts, granting them exclusive original
resolution, or ordinance enacted or jurisdiction over child and family cases,
approved or pending approval by either amending Batas Pambansa Bilang 129,
House of Congress or any provincial as amended, otherwise known as the
board or municipal council. [Art. 170, Judiciary Reorganization Act of 1980,
RPC]. appropriating funds therefor and for
other purposes enacted on Oct. 28,
Falsification of wireless, cable, 1997.
telegraph and telephone messages,
and use of said falsified messages. Family home. 1. Constituted jointly by
The commission of a crime by an officer the husband and the wife or by an
or employee of the Government or of unmarried head of a family, it is the
any private corporation or concern dwelling house where they and their
engaged in the service of sending or family reside, and the land on which it is
receiving wireless, cable or telephone situated. [Art. 152, FC]. 2. The dwelling
message who utters a fictitious wireless, house where a husband and wife, or an
telegraph or telephone message of any unmarried head of the family resides,
system or falsifies the same, or who and the land on which it is situated,
shall use such falsified dispatch to the which is now deemed constituted from
prejudice of a third party or with the the time it is occupied as a family
intent of cause such prejudice. [Art. residence, and is exempt from
173, RPC]. execution, forced sale or attachment
except as provided by law and to the
Falsify. To tamper with or alter. To extent of the value allowed by law.
represent falsely, distort or violate the [Bench Book for Trial Court Judges, p.
truth. [PAL, Inc. v. NLRC, GR 87353. 3-3, citing Arts. 152 and 153, CC].
July 3, 1991].
Family name. Surname. [Morenos Law
Falsus in uno, falsus in omnibus. Lat. Dict., 2000 Ed., p. 175].
False in one part, false in everything.
[Lagunsad v. CA, GR 104939. Feb. 2, Family of public officials or
1994]. employees. The spouses and
unmarried children under eighteen (18)
Family. 1. A natural and social institution years of age of public officials or
founded on the conjugal union, binding employees. [Sec. 3, RA 6713].

236
enterprises or non-business
Family relations. They include those: organizations which they themselves
(a) between husband and wife; (b) own, control and patronize. [Sec. 4, RA
between parents and children; (c) 8435].
among brothers and sisters, whether of
the full or half-blood. [Art. 150, FC]. Farmers' organization. Farmers'
cooperatives, associations, or
Family relationship. The relation, union corporations duly registered with
or connection which exists between appropriate government agencies and
members of the family, as that between which are composed primarily of small
husband and wife, parent and child, and agricultural producers, farmers,
as among other descendants, and farmworkers, and other agrarian reform
among brothers and sisters. [Morenos beneficiaries who voluntarily join
Law Dict., 2000 Ed., p. 175]. together to form business enterprises
which they themselves own, control and
Family-size fishpond. An area of patronize. [Sec. 4, RA 7607].
fishpond that permits the efficient use of
labor and capital resources of a family Farm implements. Hand tools or
to produce an income sufficient to meet machines ordinarily employed in a farm
a family's need for food, clothing, enterprise. [Sec. 166, RA 3844].
shelter, health and education with
reasonable reserves to absorb yearly Farm-to-market roads. Roads linking
fluctuation in income. [Sec. 3, PD 704]. the agriculture and fisheries production
sites, coastal landing points and post-
Farm. A plot or tract of land devoted to harvest facilities to the market and
the raising of domestic or other animals. arterial roads and highways. [Sec. 4, RA
[Webster's Intl. Dict., 2nd Ed. (1954)]. 8435; Sec. 4, RA 8550].
Farm employer. Any person acting Farmworker. 1. A natural person who

directly or indirectly in the interest of a renders service value as an employee or
farm employer whether for profit or not, laborer in an agricultural enterprise or
as well as a labor contractor, but shall farm regardless of whether his
not include any labor organization compensation is paid on a daily, weekly,
(otherwise than when acting as a farm monthly or pakyaw basis. [Sec. 4, RA
employer) or anyone acting in the 7607]. 2. A natural person who renders
capacity of an officer or agent of such service for value as an employee or
labor organization. [Sec. 166, RA 3844]. laborer in an agricultural enterprise or
farm regardless of whether his
Farmer. A natural person whose primary compensation is paid on a daily, weekly,
livelihood is cultivation of land or the monthly or "pakyaw" basis. The term
production of agricultural crops, either includes an individual whose work has
by himself, or primarily with the ceased consequence of, or in connection
assistance of his immediate farm with, a pending agrarian dispute and
household, whether the land is owned who has not obtained a substantially
by him, or by another person under a equivalent and regular farm
leasehold or share tenancy agreement employment. [Sec. 3, RA 6657].
or arrangement with the owner thereof.
[Sec. 3, RA 6657]. Farm workers' organization. Any
union or association of farm workers
Farmer's and fisherfolk's which exists, in whole or in part, for the
organizations or associations. purpose of collective bargaining or
Farmers and fisherfolk's cooperatives, dealing with farm employers concerning
associations, or corporations duly terms and conditions of employment.
registered with appropriate government [Sec. 166, RA 3844].
agencies and which are composed
primarily of small agricultural producers, FAS. See Free alongside ship.
farmers, farm workers, agrarian reform
beneficiaries, fisherfolk who voluntarily Fatal. Causing death; deadly or mortal.
join together to form business [People v. Umadhay, GR 119544. Aug.

237
3, 1998, citing 16 Words & Phrases allowing the tenant to sell or convey by
448]. will or be transfer to a heir if the owner
dies intestate. In modern law, almost all
Fathom. A nautical measure of six (6) land is held in fee simple and this is as
feet in length [Black's Law Dict., 5th Ed., close as one can get to absolute
547]. ownership in common law. [Duhaime's
Legal Dict., 2004].
Favorabilia sunt amplianda adiosa
restrigenda. Lat. Penal laws which are Fee simple absolute. The most
favorable to the accused are given complete, unlimited form of ownership
retroactive effect. [People v. of real property. [Jurists Legal Dict.,
Zervoulakos, GR 103975. Feb. 23, 2004].
1995].
Fellatio. Also Irrumation. Legal Med.
Fear. An unpleasant emotional state Sexual gratification attained by sucking
characterized by anticipation of pain or the penis and initiating ejaculation.
great distress. It is a reaction to an [Olarte, Legal Med., 1st Ed. (2004), p.
external danger which is perceived to 115]. Compare with Cunnilingus.
cause him harm. [People v. Dulay, GR
92600. Jan. 18, 1993]. Felonies. Also Delitos. Acts and
omissions punishable by law. They are
Featherbedding activities. Also Make- committed not only be means of deceit
work activities. An unfair labor (dolo) but also by means of fault
practice of a union for exacting or (culpa). [Art. 3, RPC].
attempting to exact from an employer,
compensation for service nor rendered Felonies. Elements. The elements of
or not intended to be rendered. [Poquiz, felonies in general are: (a) there must
Labor Rel. Law, 1999 Ed. p. 167]. be an act or omission; (b) the act or
omission must be punishable under the
Federal union. Also Federation. Intl. Rev. Penal Code; and (c) the act is
Law. A combination of two or more performed or the omission incurred by
states which, upon merger, ceases to be means of deceit or fault. [People v.
states, resulting in the creation of a new Gonzales, GR 80762. Mar. 19, 1990].
state with full international personality
to represent them in external relations Felony. Sing. of Felonies.
and a certain degree of power over their
domestic affairs and their inhabitants. Fence. Any person, firm, association
An example is the United States. [Cruz, corporation or partnership or other
Intl. Law Reviewer, 1996 Ed., p. 13]. organization who/which commits the act
of fencing. [Sec. 2, PD 1612].
Federation. See Federal union.
Fencing. The act of any person who,
Fee. A charge fixed by law or ordinance with intent to gain for himself or for
for the regulation or inspection of a another shall buy, receive, possess,
business or activity. [Sec. 131, RA keep, acquire, conceal, sell or dispose
7160]. of, or shall buy and sell, or in any
manner deal in any article, item, object
Fee for service. A reasonable and or anything of value which he knows, or
equitable health care payment system should be known to him, to have been
under which physicians and other health deprived from the proceeds of the crime
care providers receive a payment that of robbery or theft. [Sec. 2, PD 1612].
does not exceed their billed charge for
each unit of service provided. [Sec. 1, Fencing. Elements: (a) A crime of
RA 9241]. robbery of theft has been committed;
(b) the accused, who is not a principal
Fee simple. 1. The rights of disposal and or accomplice in the commission of the
recovery. [Edroso v. Sablana, GR 6878. crime of robbery or theft, buys,
Sep. 13, 1913]. 2. The most extensive receives, possesses, keeps, acquires,
tenure allowed under the feudal system conceals, sells or disposes, or buys and

238
sells, or in any manner deals in any Bacolod, GR L-23618. Aug. 31, 1970,
article, item, object or anything of value, citing Robb's Dict. of Legal Terms
which has been derived from the (1966), p. 56].
proceeds of the said crime; (c) the
accused knows or should have known Fiat justitia ruat coelum. Lat. Let right
that the said article, item, object or be done though the heavens should fall.
anything of value has been derived from [Intl. Banking Corp. v. Yared, 59 Phil.
the proceeds of the crime of robbery or 72, Dec. 11, 1933].
theft; and (d) there is, on the part of
the accused, intent to gain for himself or Fictitious sale. A sale which does not
for another. [Dizon-Pamintuan v. produce legal effects or any change in
People, GR 111426. July 11, 1994]. the juridical situation of the parties.
Ferryboat service. A water transport 2001-2006].
service considered as a continuation of
the highway when crossing rivers or Fideicomisario. Sp. Beneficiary.
even lakes, which are small body of [Barretto v. Tuason, GR 23923. Mar. 23,
waters separating the land. [San Pablo 1926].
v. Pantranco South Express, Inc.. GR L-
61461 & 61501. Aug. 21, 1987]. Fideicomiso. Sp. Trust. A form or
Compare with Coastwise or manner of testamentary substitution by
interisland shipping service. which the testator or trustor charges the
heir (trustee) to deliver a certain aliquot
Fertilizer. Any substance - solid or liquid portion of the estate, or all thereof, to a
- or any nutrient element or elements - third person who receives the name of
organic or inorganic - singly or in beneficiary (fideicomisario). A charge of
combination with other materials, confidence imposed upon the first-born
applied directly to the soil for the usufructuary possessor to preserve the
purpose of promoting plant growth, entailed properties in order to deliver in
increasing crop yield or improving their due time the possession and enjoyment
quality. [Sec. 3, PD 1144]. thereof to the succeeding first-born.
[Barretto v. Tuason, GR 23923. Mar. 23,
Festoon. To hang in a curved shape 1926, citing Diccionario de la
between two points as a decoration. Administracion Espaola, Vol. 5, p. 635].
[Sec. 3, RA 8491].
Fideicommissary substitution. 1. A
Fetishism. Legal Med. A sexual substitution by virtue of which the
perversion wherein the real or fiduciary or first heir instituted is
fantasized presence of an object or entrusted with the obligation to
bodily part is necessary for sexual preserve and to transmit to a second
stimulation and/or gratification. [Olarte, heir the whole or part of the inheritance.
Legal Med., 1st Ed. (2004), p. 116]. [Art. 863, CC]. 2. It takes place where
the testator designates a person as an
Feudal system. A social structure that heir charging him to deliver to another
existed throughout much of Europe the whole or part of the inheritance
between 800 and 1400 and that under the circumstances provided in Art.
revolved around a multi-level hierarchy 863 of the Civil Code. [Bench Book for
between lords (who held land granted Trial Court Judges, p. 3-3].
under tenure from the king), and their
tenants (also called Vassals).Tenants Fideicommissary substitution.
would lease land from the lord in Requisites: (a) There must be a first heir
exchange for loyalty and goods or primarily called to the enjoyment of the
services, such as military assistance or estate; (b) there must be a second heir;
money. In exchange, the tenant would and (c) there must be an obligation
be protected from attack. [Duhaime's clearly imposed upon the first heir to
Legal Dict., 2004]. preserve the estate and to transmit it to
the second heir. [Jurado, Comments &
Fiador. Sp. Bondsman, surety, guarantor, Jurisp. on Succession, 1991 8th Ed., p.
bailor, backer. [Luzon Surety v. City of

239
196-197, citing Perez v. Garchitorena, constructive trust. [Sotto v. Teves, GR

54 Phil. 431]. L-38018. Oct. 31, 1978].
Fideicommissary substitution. Field personnel. Non-agricultural

Limitations: (a) The substitution must employees who regularly perform their
not go beyond one degree from the heir duties away from the principal place of
originally instituted; (b) the fiduciary business or branch office of the
and the fideicommissary must be living employer and whose actual hours of
at the time of the death of the testator; work in the field cannot be determined
(c) the substitution must not burden the with reasonable certainty. [Art. 82, LC].
legitime of compulsory heirs; and (d)
the substitution must be made Fieri facias writ. A writ commanding a
expressly. [Jurado, Comments & Jurisp. sheriff to take and sell enough property
on Succession, 1991 8th Ed., p. 197, from the person who lost the lawsuit, to
citing Arts. 863-865, CC]. pay the debt owed by the judgment.
Fidelity bond. A kind of surety bond
under which the liability of the surety is File. To place a paper in the official
conditioned upon dishonesty, infidelity, custody of the clerk of court/court
theft or any act of the principal obligor administrator to enter into the files or
amounting to estafa. [Claridades, A., records of a case. [Glossary of Legal
Compilation of Notes, 2001-2006]. Terms (Pro-Se), 2004].
Fiduciary. 1. A guardian trustee, Filiation. The civil status of a child in

executor, administrator, receiver, relation to his/her father or mother.
conservator, or any person acting in any [Jurado, Civil Law Reviewer, 19th Ed.
fiduciary capacity for any person. [Sec. (1999), p. 196]. See Paternity.
22, NIRC, as amended]. 2. The term is
synonymous to a trustee, which is the Filiation, proof of. The filiation of
classic form of a fiduciary relationship. A legitimate children is established by any
fiduciary has rights and powers which of the following: (a) The record of birth
would normally belong to another appearing in the civil register or a final
person. The fiduciary holds those rights judgment; or (b) an admission of
which he must exercise to the benefit of legitimate filiation in a public document
the beneficiary. 3. A person or or a private handwritten instrument and
institution who manages money or signed by the parent concerned. In the
property for another and who must absence of the foregoing evidence, the
exercise a standard care imposed by legitimate filiation shall be proved by:
law, i.e., personal representative or (a) the open and continuous possession
executor of an estate, a trustee, etc. of the status of a legitimate child; or (b)
[Jurists Legal Dict., 2004]. Any other means allowed by the Rules
of Court and special laws. [Art. 172,
Fiduciary relation, what constitutes. FC].
The relation between parties in order to
be fiduciary need not be legal, but by Filing. Rem. Law. The act of presenting
moral, social, domestic or merely the pleading or other paper to the clerk
personal; and where by reason of of court. [Sec. 2, Rule 13, RoC].
kinship, business association, disparity
in age or physical or mental condition or Filing fee. Rem. Law. The fee required
other reason, the grantee is in an for filing various documents. [Glossary
especially intimate position with regard of Legal Terms (Pro-Se), 2004].
to another and the latter reposes a
degree of trust and confidence in the Filipinization law. See nationalization
former, confidential relationship exist law.
which prohibits the one entrusted from
seeking a selfish benefit for himself Filipino. The national language of the
during the course of relationship, and Philippines. [Sec. 3, RA 7104].
affords a basis for imposing a

240
Filipino contractor. A construction execution, and issuance thereof is a

contractor, who is a citizen of the ministerial duty of the court. [City of
Philippines, or a corporation or other Manila v. CA, GR 100626. Nov. 29,
juridical entity, of which, in the case of a 1991]. Compare with Final
corporation, at least sixty percent (60%) judgments.
of its capital stock outstanding and
entitled to vote, is owned and held by Final injunction. Rem. Law. A judgment
citizens of the Philippines and at least rendered after trial which perpetually
sixty per cent (60%) of the Board of restrains the party or person from the
Directors thereof are citizens of the commission or continuance of the act or
Philippines, and in the case of any other acts, or confirming the preliminary
juridical entity, at least sixty percent mandatory injunction. [Feria and Noche,
(60%) of its equity is owned and held Civ. Pro. Annotated, Vol. 1, 2001 Ed., p.
by citizens of the Philippines. [Sec. 3, 325, citing Sec. 9, Rule 58, RoC].
PD 1167].
Finality of judgment rule. Rem. Law. A
Filipino-first policy. The constitutional rule grounded on the fundamental
provision whereby the State is principle of public policy and sound
mandated to give preference to qualified practice that at the risk of occasional
Filipinos in the grant of rights, error, the judgment of court and award
privileges, and concessions covering the of quasi-judicial agencies must become
national economy and patrimony. [Sec. final at some definite date fixed by law.
10, Art. XII of the 1987 Constitution]. [Reyes v. CA, GR 120817. Nov. 4,
1996].
Filipinos overseas. Filipinos who are
permanent residents abroad, including Final judgment or order. Rem. Law. An
Filipino emigrants who are either order which disposes of the whole
already citizens of foreign countries or subject matter or terminates a particular
are still Filipino citizens awaiting proceeding or action, leaving nothing to
naturalization, recognition, or admission, be done but to enforce by execution
and their descendants. [Sec. 2, BP 79]. what has been determined. [Marcelo v.
de Guzman, No. L-29077, 29 June 1982,
Final act. Intl. Law. Sometimes called 114 SCRA 657]. Compare with
Protocol de cloture. 1. An instrument Interlocutory order.
which records the winding up of the
proceedings of a diplomatic conference Final judgments. Rem. Law. Judgments
and usually includes a reproduction of which finally dispose of, adjudicate, or
the texts of treaties, conventions, determine the rights of the parties in the
recommendations and other acts agreed case. But such judgments are not yet
upon and signed by the plenipotentiaries "final and executory" pending the
attending the conference. It is not the expiration of the reglementary period
treaty itself. It is rather a summary of for appeal. During that period, execution
the proceedings of a protracted of the judgment cannot yet be
conference which may have taken place demanded by the winning party as a
over several years. [Taada v. Angara, matter of right. [City of Manila v. CA, GR
GR 118295. May 2, 1997]. 2. The 100626. Nov. 29, 1991]. Compare with
records of the winding up of the Final and executory judgment.
proceedings of a conference. [Coquia
and Santiago, Intl. Law, 3rd Ed. (1998), Final order or judgment. Rem. Law.
p. 493]. See Act. One which either terminates the action
itself or operates to vest some right in
Final and executory judgment. Rem. such manner as to put it out of the
Law. A judgment which becomes "final power of the court making the order to
and executory" by operation of law. place the parties in their original
Finality of judgment becomes a fact condition. More specifically, it is that
upon the lapse of the reglementary which disposes of the whole subject
period to appeal if no appeal is matter or terminates the particular
perfected. In such a situation, the proceedings or action, leaving nothing
prevailing party is entitled to a writ of to be done but to enforce by execution

241
what has been determined. [Ceniza v. margin of profit over an obligatory

CA, GR 95296. Feb. 3, 1993]. period of not less than two (2) years
during which the lessee has the right to
Final resolution. Rem. Law. A resolution hold and use the leased property with
finally disposing of a case, such as one the right to expense the lease rentals
dismissing a case. [Claridades, A., paid to the lessor and bears the cost of
Compilation of Notes, 2001-2006]. repairs, maintenance, insurance and
preservation thereof, but with no
Finance charges. The amount to be obligation or option on his part to
paid by the debtor incident to the purchase the leased property from the
extension of credit such as interest or owner-lessor at the end of the lease
discounts, collection fees, credit contract. [Sec. 3, RA 8556].
investigation fees, and other service
charges. [Sec. 3, RA 8484]. Financial or technical assistance
agreement. A contract involving
Finance lease. Also Full payout lease. financial or technical assistance for
A contract involving payment over an large-scale exploration, development,
obligatory period (also called primary or and utilization of mineral resources.
basic period) of specified rental amounts [Sec. 3, RA 7942].
for the use of a lessor's property,
sufficient in total to amortize the capital Financier. Any person who pays for,
outlay of lessor and to provide for the raises or supplies money for, or
lessor's borrowing costs and profits. underwrites any of the illegal activities
[Beltran v. PAIC Finance Corp., GR prescribed under RA 9165. [Sec 3, RA
83113. May 19, 1992, citing Rev. Reg. 9165].
19-86, Promulgated by the DOF on 1
Jan. 1987]. Financier or Capitalist. Any person who
finances the operations of any illegal
Financial assistance. The giving out of numbers game. [Sec. 2, RA 9287].
money to another without the
expectation of any returns therefrom. It Financing companies. 1. Corporations,
connotes an ex gratia dole out in favor except banks, investments houses,
of someone driven into a state of savings and loan associations, insurance
destitution. [Leung v. IAC, GR 70926. companies, cooperatives, and other
Jan. 31, 1989]. financial institutions organized or
operating under other special laws,
Financial intermediaries. Persons or which are primarily organized for the
entities whose principal functions purpose of extending credit facilities to
include the lending, investing or consumers and to industrial,
placement of funds or evidences of commercial, or agricultural enterprises,
indebtedness or equity deposited with by direct lending or by discounting or
them, acquired by them, or otherwise factoring commercial papers or accounts
coursed through them, either for their receivable, or by buying and selling
own account or for the account of contracts, leases, chattel mortgages, or
others. [Sec. 1, PD 71]. other evidences of indebtedness, or by
financial leasing of movable as well as
Financial leasing. A mode of extending immovable property. [Sec. 3, RA 8556].
credit through a non-cancelable lease
contract under which the lessor Financing Company Act. RA 5980
purchases or acquires, at the instance of enacted on Aug. 4, 1969.
the lessee, machinery, equipment,
motor vehicles, appliances, business and Financing Company Act of 1998. RA
office machines, and other movable or 8556 entitled An Act amending RA
immovable property in consideration of 5980, as amended, otherwise known as
the periodic payment by the lessee of a the Financing Company Act enacted on
fixed amount of money sufficient to Feb. 26, 1998.
amortize at least seventy (70%) of the
purchase price or acquisition cost, Financing lease. It may be seen to be a
including any incidental expenses and a contract sui generis, possessing some

242
but not necessarily all of the elements of Finished products. Processed and
an ordinary or civil law lease. Thus, manufactured coral articles of trade and
legal title to the equipment leased is commerce in a form that may be
lodged in the financial lessor. The immediately utilized by the end-user or
financial lessee is entitled to the consumer such as, but not limited to,
possession and use of the leased jewelries or decorative articles. [Sec. 3,
equipment. At the same time, the PD 1219].
financial lessee is obligated to make
periodic payments denominated as lease Finishes. Materials used as final coating
rentals, which enable the financial lessor of a surface for ornamental or protective
to recover the purchase price of the purposes. [Sec. 3, PD 1185].
equipment which had been paid to the
supplier thereof. [Beltran v. PAIC Fire. The active principle of burning,
Finance Corp., GR 83113 and 83258, characterized by the heat and light of
May 19, 1992]. combustion. [Sec. 3, PD 1185].
Finding. Formal conclusion by a judge or Fire alarm. Any visual or audible signal
regulatory agency on issues of fact. produced by a device or system to
[Glossary of Legal Terms (Pro-Se), warm the occupants of the building or
2004]. fire fighting elements of the presence or
danger of fire to enable them to
Findings of fact. The written statement undertake immediate action to save life
of the ultimate facts as found by the and property and to suppress the fire.
court and essential to support the [Sec. 3, PD 1185].
decision and judgment rendered
thereon; they consist of the court's Firearm. Any instrument or device with
conclusions with respect to the which it is possible to propel a projectile
determinative facts on issue. [Air France by the expansive force of the gases
v. Carrascoso, GR L-21438. Sep. 28, generated by the combustion of an
1966]. explosive substance. [Francisco,
Evidence, Vol. VII, Part 1, 1997 Ed., p.
Fine. 1. Pecuniary punishment imposed 696].
by a lawful Tribunal upon a person
convicted of crime or misdemeanor. It Fireblock. Any wall which separate two
may include a forfeiture or penalty abutting living units so as to resist the
recoverable in a civil action. [Vda. De spread of fire. Such wall shall be of
Tad-y v. Ledesma, GR 28638. Sep. 21, masonry construction e.g., cement
1928, citing 2 Bouvier's Law Dict., hollow blocks, bricks, reinforced
1925]. 2. A sum of money paid as part concrete, etc. at least 4" thick, and shall
of a penalty of conviction for a particular extend throughout the whole length of
criminal offense. [Jurists Legal Dict., the living units and from the lowest
2004]. portion of the wall adjoining the living
units up to the point just below the roof
Fine mesh net. Net with mesh size of covering of purlins. [Sec. 3, BP 220].
less than three centimeters (3 cm.)
measured between two (2) opposite Fire Code of the Philippines. PD 1185
knots of a full mesh when stretched or signed into law on Aug. 26, 1977.
as otherwise determined by the
appropriate government agency. [Sec. Fire door. A fire resistive door prescribed
4, RA 8550]. for openings in fire separation walls or
partitions. [Sec. 3, PD 1185].
Fingir. Sp. Contrahacer alguna cosa
dandola la semejanza de lo que no es. Fire hazard. Any condition or act which
Eng. To counterfeit something, giving it increases or may cause an increase in
the appearance of that which it is not. the probability of the occurrence of fire,
[US v. Paraiso, GR 91. Nov. 13, 1901]. or which may obstruct, delay, hinder or
Compare with Contrahaciendo. interfere with fire fighting operations
and the safeguarding of life and
property. [Sec. 3, PD 1185].

243
and other warning system components,

Fire insurance. 1. Insurance against loss personal protective equipment such as
by fire, lightning, windstorm, tornado or fire blankets, helmets, fire suits, gloves
earthquake and other allied risks, when and other garments that may be put on
such risks are covered by extension to or worn by persons to protect
fire insurance policies or under separate themselves during fire. [Sec. 3, PD
policies. [Sec. 167, IC]. 2. An aleatory 1185].
contract by which the insured in effect
wagers that his house will be burned, Fire-resistive time period rating. The
with the insurer assuring him against length of time a material can withstand
the loss, for a fee. If the house does being burned which may be one-hour,
burn, the insured, while losing his 2-hours, 3-hours, 4-hours, etc. [Sec. 3,
house, wins the wager. The prize is the BP 220].
recompense to be given by the insurer
to make good the loss the insured has Fire safety constructions. Design and
sustained. [Malayan Insurance Co., Inc. installation of walls, barriers, doors,
(MICO) v. Cruz-Arnaldo, GR L-67835. windows, vents, means of egress, etc.
Oct. 12, 1987]. integral to and incorporated into a
building or structure in order to
Fire insurance policy. A personal minimize danger to life from fire, smoke,
contract of indemnity against a loss by fumes or panic before the building is
the person insured, by fire. [Morenos evacuated. These features are also
Law Dict., 2000 Ed., p. 179]. designed to achieve, among others, safe
and rapid evacuation of people through
Fire insurance policy, conditions for means of egress sealed from smoke or
cancellation of. A valid cancellation (of fire, the confinement of fire or smoke in
a fire insurance policy) must require the room or floor of origin and delay
concurrence of the following conditions: their spread to other parts of the
(a) There must be prior notice of building by means of smoke sealed and
cancellation to the insured; (b) the fire resistant doors, walls and floors. It
notice must be based on the shall also mean to include the treatment
occurrence, after the effective date of of buildings components or contents
the policy, of one or more of the with flame retardant chemicals. [Sec. 3,
grounds mentioned; (c) the notice must PD 1185].
be (1) in writing, (2) mailed, or
delivered to the named insured, (3) at Fire trap. A building unsafe in case of fire
the address shown in the policy; (d) it because it will burn easily or because it
must state (1) which of the grounds lacks adequate exits or fire escapes.
mentioned in Sec. 64 (of the Ins. Code) [Sec. 3, PD 1185].
is relied upon and (2) that upon written
request of the insured, the insurer will Fire wall. A fireblock with extends
furnish the facts on which the vertically from the lowest portion of the
cancellation is based. [Malayan Ins. Co., wall which adjoins the 2 living units up
Inc. (MICO) v. Cruz-Arnaldo, GR L- to a minimum height of 0.30 meter
67835. Oct. 12, 1987]. above the highest portion of the roof
attached to it; the fire wall shall also
Fire lane. The portion of a roadway or extend horizontally up to a minimum
publicway that should be kept opened distance of 0.30 meter beyond the
and unobstructed at all times for the outermost edge of the abutting living
expedient operation of fire fighting units. [Sec. 3, BP 220].
units. [Sec. 3, PD 1185].
Firm offer. An offer which the offeror
Fire protective and fire safety device. promises to keep open for a fixed period
Any device intended for the protection of time. [Intl. Law Dict. & Direct., 2004].
of buildings or persons to include but
not limited to built-in protection system Firms. The term by which groups of
such as sprinklers and other automatic lawyers are called. It is usually a
extinguishing system, detectors for partnership and members of the firm
heat, smoke and combustion products are the partners. Some firms may be

244
organized as professional corporations Commission, the Commission on Audit,

and the members called shareholders. the Commission on Elections, and the
In either case, the members of the firm Office of the Ombudsman (which)
are the experienced attorneys. contemplates a guarantee of full
[Cayetano v. Monsod, GR 100113. Sep. flexibility to allocate and utilize their
3, 1991]. resources with the wisdom and dispatch
that their needs require. It recognizes
First class ricelands. Those which yield the power and authority to levy, assess
more than forty cavans per hectare, the and collect fees, fix rates of
same to be computed upon the normal compensation not exceeding the highest
average harvest of the three preceding rates authorized by law for
years. [Sec. 14, RA 2263]. compensation and play plans of the
government and allocate and disburse
First jeopardy. Elements: (a) Court of such sums as may be provided by law or
competent jurisdiction; (b) valid prescribed by them in the course of the
complaint or information; (c) discharge of their functions. 2. Freedom
arraignment and a (d) valid plea [People from outside control. [Bengzon v. Drilon,
v. Ylagan, 58 Phil. 851; 853]; (e) the GR 103524. Apr. 15, 1992].
defendant was acquitted or convicted or
the case was dismissed or otherwise Fiscal year. 1. An accounting period of
terminated without the express consent twelve (12) months ending on the last
of the accused. [People v. Declaro, GR day of any month other than December.
64362, Feb. 9, 1989, 170 SCRA 142]. [Sec. 22, NIRC, as amended]. 2. The
period beginning with the first day of
First name. A name or nickname given January and ending with the thirty-first
to a person which may consist of one or day of December of each calendar year.
more names in addition to the middle [Sec. 2, Chap. 1, Book VI, EO 292].
and last names. [Sec. 2, RA 9053]. Compare with Calendar year.
First reading of a bill. The reading of Fish. All fishes and other aquatic animals
the number, title, and author followed such as crustaceans (crabs, prawns,
by the referral to the appropriate shrimps and lobsters), mollusks (clams,
committees. [Tolentino v. Sec. of mussels, scallops, oysters, snails and
Finance, GR 115455. Aug. 25, 1994]. other shellfish). [Sec. 3, PD 43].
First refusal, right of. 1. The right to Fish and fishery or aquatic products.
have the first opportunity to purchase This includes not only finfish but also
real estate when such becomes mollusks, crustaceans, echinoderms,
available, or the right to meet any other marine mammals, and all other species
offer. [Blacks Law Dict., Abr. 5th Ed. of aquatic flora and fauna and all other
(1983), 395]. 2. A right given to a products of aquatic living resources in
person to be the first person allowed to any form. [Sec. 4, RA 8550].
purchase a certain object if it is ever
offered for sale. The owner of this right Fish cage. An enclosure which is either
is the first to be offered the designated stationary or floating made up of nets or
object if it is ever to be offered for sale. screens sewn or fastened together and
[Duhaime's Legal Dict., 2004]. installed in the water with opening at
the surface or covered and held in a
Fiscal adequacy. One of the place by wooden/bamboo posts or
characteristics of a sound tax system various types of anchors and floats.
which requires that sources of revenues [Sec. 4, RA 8550].
must be adequate to meet government
expenditures and their variations. Fish corral or Baklad. A stationary weir
[Chavez v. Ongpin, GR 76778. June 6, or trap devised to intercept and capture
1990]. fish consisting of rows of bamboo
stakes, plastic nets and other materials
Fiscal autonomy. 1. As envisioned in the fenced with split blood mattings or wire
Constitution, the autonomy enjoyed by mattings with one or more enclosures,
the Judiciary, the Civil Service usually with easy entrance but difficult

245
exit, and with or without leaders to Fishery. The business of catching, taking,
direct the fish to the catching chambers, handling, marketing and preserving fish
purse or bags. [Sec. 4, RA 8550; Sec. 3, or other fishery/aquatic products; the
PD 704]. fishing grounds; and the right to fish or
take such products therefrom. [Sec. 3,
Fisherfolk. People directly or personally PD 704].
and physically engaged in taking and/or
culturing and processing fishery and/or Fishery industry. 1. Fish produces, fish
aquatic resources. [Sec. 4, RA 8550]. processors, fish traders, both
wholesalers and retailers, and owners of
Fisherfolk cooperative. A duly refrigerating and cold storage plants
registered association of fisherfolk with serving the industry. [Sec. 3, PD 704].
a common bond of interest, who have 2. The production, processing,
voluntarily joined together to achieve a preservation, marketing and distribution
lawful common social or economic end, of fish and fishery products. [Sec. 3, PD
making equitable contribution to the 43].
capital requirement and accepting a fair
share of the risks and benefits of the Fishery industry, components of the.
undertakings in accordance with Fish producers, fish processors, fish
universally accepted cooperative traders both wholesalers and retailers,
principles. [Sec. 4, RA 8550]. and owners of refrigerating and cold
storage plants serving the industry.
Fisherfolk organization. An organized [Sec. 3, PD 43].
group, association, federation, alliance
or an institution of fisherfolk which has Fishery management areas. A bay,
at least fifteen (15) members, a set of gulf, lake or any other fishery area
officers, a constitution and by-laws, an which may be delineated for fishery
organizational structure and a program resource management purposes. [Sec.
of action. [Sec. 4, RA 8550]. 4, RA 8550].
Fisheries. 1. All systems or networks of Fishery operator. One who owns and
interrelated activities which include the provides the means including land,
production, growing, harvesting, labor, capital, fishing gears and vessels,
processing, marketing, developing, but does not personally engage in
conserving, and managing of all aquatic fishery. [Sec. 4, RA 8550].
resources and fisheries areas. [Sec. 4,
RA 8435]. 2. All activities relating to the Fishery products. All products of aquatic
act or business of fishing, culturing, living resources in any form. [Sec. 3, PD
preserving, processing, marketing, 43].
developing, conserving and managing
aquatic resources and the fishery areas, Fishery refuge and sanctuaries. A
including the privilege to fish or take designated area where fishing or other
aquatic resource thereof. [Sec. 4, RA forms of activities which may damage
8550]. the ecosystem of the area is prohibited
and human access may be restricted.
Fisheries Decree of 1975. PD 704 [Sec. 4, RA 8550].
entitled Revising and consolidating all
laws and decrees affecting fishing and Fishery reserve. A designated area
fisheries signed into law on May 16, where activities are regulated and set
1974. aside for educational and research
purposes. [Sec. 4, RA 8550].
Fisheries sector. The sector engaged in
the production, growing, harvesting, Fishery species. All aquatic flora and
processing, marketing, developing, fauna including, but not restricted to,
conserving, and managing of aquatic fish, algae, coelenterates, mollusks,
resources and fisheries areas. [Sec. 4, crustaceans, echinoderms and
RA 8435]. cetaceans. [Sec. 4, RA 8550].

246
Fish fingerlings. A stage in the life cycle compound, will kill, stupefy, disable or
of the fish measuring to about 6-13 cm. render unconscious any fishery species.
depending on the species. [Sec. 4, RA [Sec. 4, RA 8550; Sec. 3, PD 704; Sec.
8550]. 1, PD 534].
Fish fry. A stage at which a fish has just Fishing with the use of noxious or
been hatched usually with sizes from 1- poisonous substances. 1. The use of
2.5 cm. [Sec. 4, RA 8550]. any substance, plant extracts or juice
thereof, sodium cyanide and/or cyanide
Fishing. 1. The taking of fishery species compounds or other chemicals either in
from their wild state of habitat, with or a raw or processed form, harmful or
without the use of fishing vessels. [Sec. harmless to human beings, which will
4, RA 8550]. 2. The application of kill, stupefy, disable or render
techniques using various gear in unconscious any fishery species and
catching fish and other fisheries aquatic resources and capable of
products. [Sec. 4, RA 8435]. damaging and altering the natural
habitat. [Sec. 4, RA 8550]. 2. The use of
Fishing boat. 1. Also Gear license. A any substance or chemical, whether in
permit to operate specific types of raw or processed form, harmful or
fishing boat/gear for specific duration in harmless, which kill, stupefy, disable, or
areas beyond municipal waters for render unconscious fish or
demersal or pelagic fishery resources. fishery/aquatic products. [Sec. 3, PD
[Sec. 4, RA 8550]. 2. All boats, such as 704; Sec. 1, PD 534].
bancas, sailboats, motor boats or any
other type of watercraft, whether Fish pen. 1. An artificial enclosure
licensed or not, used for fishing constructed within a body of water for
purposes: Provided, That any such boat culturing fish and fishery/aquatic
used for the purpose of transporting the resources made up of poles closely
fish in the course of fishing operations arranged in an enclosure with wooden
shall be considered as a fishing boat. materials, screen or nylon netting to
[Sec. 3, PD 704]. prevent escape of fish. [Sec. 4, RA
8550]. 2. Fish enclosure made of
Fishing gear. Any instrument or device closely-woven bamboo screens or nets,
and its accessories utilized in taking fish or other materials attached to poles
and other fishery species. [Sec. 4, RA staked to the water bottom for the
8550]. purpose of growing and/or culture of
fish to various sizes in both fresh and
Fishing grounds. Areas in any body of salt water areas. [Sec. 3, PD 704].
water where fish and other aquatic
resources congregate and become Fish plates. Strips of iron 8" to 12" long
target of capture. [Sec. 4, RA 8435]. and 3 1/2" thick which are attached to
the rails by 4 bolts, two on each side, to
Fishing vessel. Any boat, ship or other keep the rails aligned. [Ma-Ao Sugar
watercraft equipped to be used for Central Co., Inc. v. CA, GR 83491. Aug.
taking of fishery species or aiding or 27, 1990].
assisting one (1) or more vessels in the
performance of any activity relating to Fishpond. A land-based facility enclosed
fishing, including, but not limited to, with earthen or stone material to
preservation, supply, storage, impound water for growing fish. [Sec. 4,
refrigeration, transportation and/or RA 8550].
processing. [Sec. 4, RA 8550].
Fishponds. Bodies of water enclosed by
Fishing with the use of explosives. dikes of earth or other material
The use of the dynamite, other constructed for the care and
explosives or other chemical compounds conservation of fish, for purposes of
that contain combustible elements or profit; in this respect fishponds and its
ingredients which upon ignition by waters are artificial, not natural, as they
friction, concussion, percussion or are constructed through human effort
detonation of all or parts of the

247
and labor. [De Guzman v. Mun. of Flag of truce. Intl. Law. A white flag
Taytay, GR 43626. Mar. 7, 1938]. carried by an individual authorized by
one belligerent to enter into
Fishworker. A person regularly or not communications with the other
regularly employed in commercial belligerent. The bearer, or
fishing and related industries, whose parlementaire, is entitled to inviolability
income is either in wage, profit-sharing as long as he does not take advantage
or stratified sharing basis, including of his privileged position to commit an
those working in fish pens, fish cages, act of treachery. [Cruz, Intl. Law
fish corrals/traps, fishponds, prawn Reviewer, 1996 Ed., p. 142].
farms, sea farms, salt beds, fish ports,
fishing boat or trawlers, or fish Flag salute law. RA 1265 entitled An
processing and/or packing plants. [Sec. Act making flag ceremony compulsory in
4, RA 8550]. all educational institutions enacted on
June 11, 1955.
Fit for human consumption. An implied
warranty by the seller to the buyer of Flag state. The state that allows a ship
food. [Torres, Oblig. & Cont., 2000 Ed., to fly its flag and that grants the ship its
p. 351]. nationality. [Intl. Law Dict. & Direct.,
2004].
Five air freedoms. Intl. Law. (a) to fly
across territory without landing; (b) the Flammable. Any substance or material
freedom to land for non-traffic that is highly combustible and self-
purposes; (c) the freedom to put down igniting by chemical reaction and shall
traffic originating in the state of the include but not limited to acrolein,
aircraft; (d) the freedom to embark allene, aluminum dyethyl monochloride,
traffic destined for the state of the and other aluminum compounds,
aircraft; and (e) the freedom to embark ammonium chlorate and other
traffic destined for, or to put down ammonium mixtures and other similar
traffic coming from, a third state. [Cruz, substances or materials. [Sec. 5, RA
Intl. Law Reviewer, 1996 Ed., p. 76]. 6235].
Fixation. The embodiment of sounds, or Flash point. The minimum temperature

of the representations thereof, from at which any material gives off vapor in
which they can be perceived, sufficient concentration to form an
reproduced or communicated through a ignitable mixture with air. [Sec. 3, PD
device. [Sec. 202, RA 8293]. 1185].
Fixed price contract. A contract (with) Flesh wound. A wound which is

a fixed price, i.e., not subject to superficial in nature. [Morenos Law
escalation. [Baylen Corp. v. CA, GR Dict., 2000 Ed., p. 181].
76787. Dec. 14, 1987].
Flexible constitution. A constitution
Flag and Heraldic Code of the which can be changed by ordinary
Philippines. RA 8491 entitled An Act legislation. [Suarez, Pol. Law Reviewer,
prescribing the code of the national flag, 1st Ed., 2002, pp. 9]. Compare with
anthem, motto, coat-of-arms and other Rigid constitution.
heraldic items and devices of the
Philippines enacted on Feb. 12, 1998. Flexible work schedule of a solo
parent. The right granted to a solo
Flag of convenience. The granting of parent employee to vary his/her arrival
nationality (and the right to fly a flag) to and departure time without affecting the
a ship by a state when there is little or core work hours as defined by the
no connection (such as ownership, employer. [Sec. 3, RA 8972].
nationality of the crew, routes followed,
etc.) between the ship and the state. Flight to enemy's country. Crim. Law.
[Intl. Law Dict. & Direct., 2004]. The felony committed by any person
who, owing allegiance to the (Philippine)
Government, attempts to flee or go to

248
an enemy country when prohibited by an ingredient or a component in the

competent authority. [Art. 121, RPC]. manufacture, preparation or treatment
of food. [Art. 4, RA 7394].
Flip-flopping or flipping. The stances
of an agency or board whereby, after Food additive. Any substance, the
absolving (a person) in a decision that intended use of which results or may
became final, it reversed itself and reasonably be expected to result,
found that he was guilty, based on the directly or indirectly, in its becoming a
same evidence it had rejected in its first component or otherwise affecting the
decision. [Fruto v. Reyes, GR 82304. characteristics of any food (including
Nov. 29, 1989]. any substance intended for use in
producing, manufacturing, packing,
Floating law clause. A clause in a processing, preparing, treating,
contract which permits one party to the packaging, transporting, or holding
contract to choose the applicable law, food; and including any source of
after a predetermined event has radiation intended for any such use), if
occurred. Such clauses have been such substance is not generally
criticized for lending themselves to recognized, among experts qualified as
evasion of the law. [Tetley, Glossary of having been adequately shown through
Conflict of Laws, 2004]. scientific procedures to be safe under
the conditions of the intended use. [Art.
Floating status. 1. An indefinite period 4, RA 7394].
of time when (employees) do not
receive any salary or financial benefit Food fortification. The addition of
provided by law. 2. (Employees who) nutrients to processed foods at levels
remained without work or assignment x above the natural state. [Sec. 4, RA
x x for a (certain) period. [Agro 8172].
Commercial Security Services Agency,
Inc. v. NLRC, GR 82823-24. July 31, Food-grade salt. Salt for human and
1989]. animal consumption as distinguished
from industrial salt. [Sec. 4, RA 8172].
Floor-wage method. A method used in
legislation involving the fixing of Food security. 1. The policy objective,
determinate amount that would be plan and strategy of meeting the food
added to the prevailing statutory requirements of the present and future
minimum wage. [ECOP v. NWPC, GR generations of Filipinos in substantial
96169. Sep. 24, 1991, quoting NWPC's quantity, ensuring the availability and
Order of Nov. 6, 1990]. Compare with affordability of food to all, either
Salary-ceiling-method. through local production or importation,
or both, based on the country's existing
Fluvial domain. See Maritime domain. and potential resource endowment and
related production advantages, and
Fly. The part of the flag outside the hoist consistent with the overall national
or length. [Sec. 3, RA 8491]. development objectives and policies.
[Sec. 4, RA 8435]. 2. Any plan, policy or
FOB. See Free on Board. strategy aimed at ensuring adequate
supplies of appropriate food at
Follow-up. The monitoring of a newborn affordable prices. [Sec. 4, RA 8550].
with a heritable condition for the
purpose of ensuring that the newborn Footpath. See Path walk.
patient complies fully with the medicine
of dietary prescriptions. [Sec. 4, RA Forbearance. The contractual obligation
9288]. of the creditor to forbear during a given
period to require of the debtor payment
Food. Any substance, whether processed, of an existing debt then due and
semi-processed or raw, intended for payable. [Martin, Commentaries and
human consumption and includes Jurisp. on Comml. Laws, Vol. 1, 1988
chewing gum, drinks and beverages and Rev. Ed., p. 418].
any substance which has been used as

249
For cause. That means "a guarantee of 45 Phil. 657 (1924); Austria v. CA, 39
both procedural and substantive due SCRA 527 (1971); Vasquez v. CA, 138
process (in the removal or suspension SCRA 553 (1985); Nakpil & Sons v. CA,
of a civil service officer or employee). 144 SCRA 596 (1986)].
[Dario v. Mison, GR 86241. Aug. 8,
1989]. Forcible abduction. Crim. Law. The
abduction of any woman against her will
Forced heirs. See Compulsory heirs. and with lewd designs. [Art. 342, RPC].
Compare with Consented abduction.
Forced labor and slavery. The
extraction of work or services from any Forcible abduction with rape. Crim.
person by means of enticement, Law. Elements: (a) The taking of a
violence, intimidation or threat, use of woman against her will; (b) the taking is
force or coercion, including deprivation with lewd designs 32 and (c) the rape of
of freedom, abuse of authority or moral the woman was accomplished through
ascendancy, debt-bondage or deception. force or intimidation. [People v. Aczon,
[Sec. 3, RA 9208]. GR 93029. Aug. 10, 1993, citing Art.
342, RPC].
Force majeure. Also Caso fortuito. Fr.
Act of God. 1. Acts or circumstances Forcible entry. 1. Summary and
beyond the reasonable control of the expeditious procedure by which a
contractor including, but not limited to, person seeks to recover material or
war, rebellion, insurrection, riots, civil physical possession of any land or
disturbance, blockade, sabotage, building taken from him by force,
embargo, strike, lockout, any dispute intimidation, strategy, threat or stealth.
with surface owners and other labor [e.g., when an intruder occupies by
disputes, epidemic, earthquake, storm, force, the proper civil remedy is forcible
flood or other adverse weather entry]. 2. The unlawful deprivation of
conditions, explosion, fire, adverse the possession of any land or building
action by government or by any by force, intimidation, threat, strategy,
instrumentality or subdivision thereof, or stealth. [Sec. 1, Rule 70, RoC].
act of God or any public enemy and any
cause that herein described over which Forcing. A process where a piece of
the affected party has no reasonable metal is heated prior to changing its
control. [Sec. 3, RA 7942]. 2. Inevitable shape or dimensions. [Sec. 3, PD 1185].
accident or casualty; an accident
produced by any physical cause which is Foreclosure of mortgage. 1. A
irresistible; such as lightning, tempest, proceeding in court by which the right
perils of the sea, inundation, or of a person against real or personal
earthquake; the sudden illness or death property is determined and enforced.
of a person. [Gotesco Investment Corp. [Torres, Oblig. & Cont., 2000 Ed., p.
v. Chatto, GR 87584. June 16, 1992, 351]. 2. The judicial or extra-judicial
citing 2 Blackstone's Commentaries, procedure by which a mortgagee-
122]. creditor or one who has succeeded to
his rights is allowed to have the
Force majeure. Elements that must mortgaged property sold so that from
concur to exempt party from liability, the proceeds of said sale, the debt may
under Art. 1174 of the Civil Code: (a) be satisfied. 2. A court proceeding upon
the cause of the breach of the obligation default in a mortgage to vest title in the
must be independent of the human will mortgagee. [Glossary of Legal Terms
(the will of the debtor or the obligor); (Pro-Se), 2004].
(b) the event must be either
unforeseeable or unavoidable; (c) the Foreign agent. Any person who acts or
event must be such as to render it agrees to act as political consultant,
impossible for the debtor to fulfill his public relations counsel, publicity agent,
obligation in a normal manner; and (d) information representative, or as agent,
the debtor must be free from any servant, representative, or attorney for
participation in, or aggravation of the a foreign principal or for any domestic
injury to the creditor [Lasam v. Smith, organization subsidized directly or

250
indirectly in whole or in part by a foreign Code]. Compare with Domestic

principal. The term foreign agent shall corporation.
not include a duly accredited diplomatic
or consular officer of a foreign country Foreign currency denominated sale.
or officials of the United Nations and its Sale to a nonresident of goods, except
agencies and of other international those mentioned in Secs. 149 and 150
organizations recognized by the of the National Internal Revenue Code,
Republic of the Philippines while assembled or manufactured in the
engaged in activities within the scope of Philippines for delivery to a resident in
their legitimate functions as such the Philippines, paid for in acceptable
officers or a bona fide member or foreign currency and accounted for in
employee of a foreign press service or accordance with the rules and
news organization while engaged in regulations of the Bangko Sentral ng
activities within the scope of his Pilipinas (BSP). [Sec. 105, NIRC, as
legitimate functions as such. [Sec. 3, BP amended].
39].
Foreign Currency Deposit Act of the
Foreign Agents Act of 1979. BP 39 Philippines. RA 6426 entitled An Act
entitled An Act regulating the activities instituting a foreign currency deposit
and requiring the registration of foreign system in the Philippines, and for other
agents in the Philippines enacted on purposes enacted on Apr. 4, 1972.
Sep. 7, 1979.
Foreign customer. A person or any
Foreign air carrier. An air carrier who is entity, corporation, or organization
not a citizen of the Philippines, and/or carrying on business or other activities
an air carrier other than a domestic air outside the Philippines, and may include
carrier. [Sec. 3, RA 776]. a foreign government. [Sec. 3, RA
6424].
Foreign air commerce. Air commerce
between the Philippines and any place Foreign diplomat. Any authorized
outside it. [Sec. 3, RA 776]. diplomatic representative of the
requesting state or government and
Foreign air transportation. Air recognized as such by the Sec. of
transportation between the Philippines Foreign Affairs. [Sec. 2, PD 1069].
and any place outside it, or wholly
outside the Philippines. [Sec. 3, RA Foreign element. Conf. of Laws. A
776]. factual situation that cuts across
territorial lines and is thus affected by
Foreign bill of exchange. Nego. Inst. A the diverse laws of two or more states.
bill which on its face does not purport to [Agpalo, Conflict of Laws, p. 4].
be both drawn and payable within the
Philippines. [Diaz, Bus. Law Rev., 1991 Foreign exchange. 1. Foreign currency
Ed., p. 366]. Compare with Inland bill notes, coins, checks, letters of credits,
of exchange. drafts, bills of exchange or other
instruments customarily employed for
Foreign corporation. A corporation international transfer. [Sec. 3, PD 1883].
formed, organized or existing under any 2. Any medium for effecting
laws other than those of the Philippines international payments. [Sec. 1, RA
and whose laws allow Filipino citizens 426]. 3. The conversion of the money of
and corporations to do business in its one state into that of another state.
own country or state. It shall have the [Intl. Law Dict. & Direct., 2004].
right to transact business in the
Philippines after it shall have obtained a Foreign exchange market. An informal
license to transact business in this network of banks, foreign exchange
country in accordance with the brokers, and foreign exchange dealers
Corporation Code and a certificate of who facilitate the exchange of
authority from the appropriate currencies. [Intl. Law Dict. & Direct.,
government agency. [Sec. 123, Corp. 2004].

251
Foreign flag vessel. A vessel or action against the government of a

watercraft registered under the laws of country without its consent. The
a country other than the Philippines. principle of absolute sovereign immunity
[Sec. 3, PD 474]. has eventually been replaced by the
doctrine of restrictive sovereign
Foreign government. The government immunity. [Tetley, Glossary of Conflict
of a country, other than the Philippines, of Laws, 2004].
or of any political subdivision or agency
thereof. [Sec. 3, RA 6424]. Forensic medicine. The branch of
medicine the object of which is to place
Foreign investments. Equity medical knowledge at the disposal of
investment, owned by a non-Philippine the administration of justice, both civil
National in a registered enterprise, and criminal. [Gregorio, Fund. of Crim.
made in the form of foreign exchange or Law Rev., 1997 9th Ed.].
other assets actually transferred to the
Philippines and registered with the Foreseeability. The reasonable
Central Bank(now Bangko Sentral) and anticipation that some harm or injury is
the Board of Investments, which shall a likely result of an act or a failure to
assess and appraise the value of such act. [Intl. Law Dict. & Direct., 2004].
assets other than foreign exchange.
[Sec. 3, RA 5186]. Foreseeability test. A breaching party is
liable only for those damages which he
Foreign judgment. In a strict sense, a or she foresaw or ought to have
judgment rendered by a court of a foreseen. [Intl. Law Dict. & Direct.,
foreign country. [Morenos Law Dict., 2004].
2000 Ed., p. 183].
Foreshore land. 1. A string of land
Foreign loan. Any credit facility or margining a body of water; the part of a
financial assistance other than equity seashore between the low-water line
investment obtained by a registered usually at the seaward margin of a low
enterprise from a source outside the tide terrace and the upper limit of wave
Philippines and brought into the wash at high tide usually marked by a
Philippines either in foreign exchange or beach scarp or berm. [Sec. 4, RA 8550].
in other assets and registered with the 2. The strip of land that lies between
Central Bank (now Bangko Sentral) and the high and low water marks and that
the Board of Investments, which shall is alternatively wet and dry according to
assess and appraise the assets other the flow of the tide. [Rep. v. Alagad, GR
than foreign exchange representing the 66807. Jan. 26, 1989].
proceeds of the loan. [Sec. 3, RA 5186].
Forest. Vast tracts of wooded land with
Foreign-owned corporation. Any dense growths of trees and underbush.
corporation, partnership, association, or It is descriptive of what appears on the
cooperative duly registered in land but is not a legal status nor a
accordance with law in which less than classification for legal purposes. [Rep. v.
fifty per centum (50%) of the capital is CA, GR L-56948. Sep. 30, 1987].
owned by Filipino citizens. [Sec. 3, RA Compare with Timber land.
7942].
Forest charge. A tax not on the
Foreign principal. The government of a minerals, but upon the privilege of
foreign country or a foreign political severing or extracting the same from
party; a foreigner located within or the earth. [Comm. of Int. Rev. v.
outside the jurisdiction of the Republic Guerrero, GR L-19074. Feb. 31, 1967].
of the Philippines; or a partnership,
association, corporation, organization or Forest land. Lands of the public domain
other entity owned or controlled by which have not been declared as
foreigners. [Sec. 3, BP 39]. alienable or disposable, public forests,
permanent forests or forest reserves,
Foreign sovereign immunity. A forest reservations, timberlands, grazing
doctrine precluding the institution of an lands, game refuge, and bird

252
sanctuaries. [Sec. 4, RA 7900]. Also money as the consequence of violating

Timber land. the provisions of some statute or refusal
to comply with some requirement of
Forest product. This includes timber, law. It may be said to be a penalty
pulpwood, firewood, bark, tree top, imposed for misconduct or breach of
resin, gum, wood, oil, honey, beeswax, duty. [Cabal v. Kapunan, GR L-19052.
nipa, rattan, or other forest growth such Dec. 29, 1962, citing Com. v. French,
as grass, shrub, and flowering plant, the 114 S.W. 255]. 3. A cancellation. A legal
associated water, fish, game, scenic, action whereby a contract purchaser
historical, recreational and geologic following default loses all his interest in
resources in forest lands. [Sec. 68, PD the property. [Glossary of Legal Terms
705]. (Pro-Se), 2004].
Forest reservations. Forest lands which Forgery. The false making or altering of
have been reserved by the President of a writing with the intent to defraud.
the Philippines for any specific purpose [Intl. Law Dict. & Direct., 2004].
or purposes. [Sec. 3, PD 705].
Forgery; how committed. Crim. Law.
Forest reserves. See Permanent The felony committed: (a) by giving to a
forest. treasury or bank note or any
instrument, payable to bearer or order
Forestry Code. See Revised Forestry mentioned therein, the appearance of a
Code of the Philippines. true genuine document; or (b) by
erasing, substituting, counterfeiting or
Forestry profession, practice of. The altering by any means the figures,
scientific conservation and management letters, words or signs contained
of forests for the continuous and therein. [Art. 169, RPC].
judicious utilization of forests products;
including services in the form of forestry Forging treasury or bank notes on
consultation, investigation, planning, other documents payable to
preparation, and implementation of bearer; importing, and uttering
management plans for forests and such false or forged notes and
national park areas and the documents. Crim. Law. The felony
determination of the suitability of public committed by forging or falsification of
forest land for pasture or agricultural treasury or bank notes or certificates or
land; logging, forest reconnaissance and other obligations and securities payable
timber estimate; scaling and grading of to bearer and the importation and
logs and lumber; identification of woods uttering in connivance with forgers or
and other forestry products; importers of such false or forged
administration, management and obligations or notes. [Art. 166, RPC].
supervision of forest plantation and tree
farm leases within public forests; Forgotten evidence. Evidence already
protection and conservation of game in existence or available before or
and wildlife; preparation and during trial, which was known to and
implementation of reforestation and obtainable by the party offering it and,
afforestation plans; supervision of any which could have been presented and
forestry activity requiring the application offered in a seasonable manner were it
of forestry principles; and such other not for the oversight or forgetfulness of
activities as related to forest protection, such party or his counsel. [Tumang v.
silviculture, and maintenance or CA, GR 82072. Apr. 17, 1989].
restoration of necessary ecological
balance. [Sec. 2, RA 6239]. Formal. The term may be taken to mean
official, regular, definite, fixed, explicit,
Forfeiture. 1. A divestiture of property positive, proper, solemn, and not
without compensation, in consequence necessarily written. [Morenos Law Dict.,
of a default or an offense. [Cabal v. 2000 Ed., p. 184].
Kapunan, GR L-19052. Dec. 29, 1962,
citing 23 Am. Jur. 599]. 2. The incurring
of a liability to pay a definite sum of

253
Formal act. An instrument acknowledged testimonial evidence. [Sec. 34, Rule

before a notary public. [Morenos Law 132, RoC].
Dict., 2000 Ed., p. 184].
Formal offer of documentary
Formal amendment. Civ. Pro. 1. The evidence as an exhibit. Evid. Offer
summary correction by the court of a done only when the party rests its case
defect in the designation of the parties and not before. [Interpacific Transit v.
and other clearly clerical or Aviles, GR 86062. June 6, 1990].
typographical errors at any stage of the Compare with Identification of
action, at its initiative or on motion, documentary evidence.
provided no prejudice is caused thereby
to the adverse party. [Sec. 4, Rule 10, Forma pauperis. Lat. Character or
RoC]. 2. Amendments held to be merely manner of a pauper. 1. Permission given
formal, viz.: (a) new allegations which to a poor person (i.e. indigent) to
relate only to the range of the penalty proceed without liability for court fees or
that the court might impose in the event costs. [Blacks Law Dict., Abr. 5th Ed.
of conviction; (b) an amendment which (1983), 398].
does not charge another offense
different or distinct from that charged in Formation, maintenance and
the original one; (c) additional prohibition of combination of
allegations which do not alter the capital or labor through violence or
prosecution's theory of the case so as to threats. Crim. Law. The felony
cause surprise to the accused and affect committed by any person who, for the
the form of defense he has or will purpose of organizing, maintaining or
assume; and (d) an amendment which preventing coalitions or capital or labor,
does not adversely affect any strike of laborers or lock-out of
substantial right of the accused, such as employees, shall employ violence or
his right to invoke prescription. threats in such a degree as to compel or
[Teehankee, Jr. v. Madayag, GR force the laborers or employers in the
103102. Mar. 6, 1992]. Compare with free and legal exercise of their industry
Substantial amendment. or work, if the act shall not constitute a
more serious offense in accordance with
Formal crimes. Those crimes which are the provisions of the Rev. Penal Code.
always consummated by a single act like [Art. 289, RPC].
slander. [Gregorio, Fund. of Crim. Law
Rev., 1997 9th Ed., p. 33]. Formula feeding. The feeding of a
newborn with infant formula usually by
Formal education. 1. The systematic bottle-feeding. It is also called artificial
and deliberate process of hierarchically feeding. [Sec. 3, RA 7600].
structured and sequential learning
corresponding to the general concept of Fortificant. A substance, in chemical or
elementary and secondary level of natural form, added to food to increase
schooling. At the end of each level, the its nutrient value. [Sec. 3, RA 8976].
learner needs a certification in order to
enter or advance to the next level. [Sec. Fortification. The addition of nutrients
4, RA 9155]. 2. The hierarchically to processed foods or food products at
structured and chronologically graded levels above the natural state. As an
learning organized and provided by the approach to control micronutrient
formal school system and for which deficiency, food fortification is addition
certification is required in order for the of a micronutrient, deficiency in the diet,
learner to progress through the grades to a food which is widely consumed by a
or move to higher levels. [Sec. 20, BP specific at-risk groups. [Sec. 3, RA
232]. 8976].
Formal offer. Evid. The formal offer Fortuitous event. Any event which
made by the proponent stating the could not be foreseen, or which, though
specific purpose for which the evidence foreseen, were inevitable. [Art. 1174,
is offered, after the termination of the CC].

254
Fortuitous event. Characteristics: (a) and related activities. [Intl. Law Dict. &
The cause of the unforeseen and Direct., 2004].
unexpected occurrence, or the failure of
the debtor to comply with his Forum selection clause. A provision in
obligations, must be independent of the a contract designating a particular court
human will; (b) it must be impossible to or tribunal to resolve any dispute that
foresee the event which constitutes the may arise concerning the contract. [Intl.
caso fortuito, or if it can be foreseen, it Law Dict. & Direct., 2004].
must be impossible to avoid; (c) the
occurrence must be such as to render it Forum shopping. Civ. Pro. 1. The act of
impossible for the debtor to fulfill his a party against whom an adverse
obligation in a normal manner; and, (d) judgment has been rendered in one
the obligor must be free from any forum, of seeking another (and possibly
participation in the aggravation of the favorable) opinion in another forum
injury resulting to the creditor. Based on other than by appeal or the special civil
the foregoing, in order that a fortuitous action of certiorari, or the institution of
event may exempt a person from two (2) or more actions or proceedings
liability, it is necessary that he be free grounded on the same cause on the
from negligence. [Metal Forming Corp. supposition that one or the other court
v. Office of the Pres., GR L-111386. might look with favor upon the party.
Aug. 28, 1995]. [Ortigas & Company Ltd. Partnership v.
Velasco, 234 SCRA 455, 500 (1994)]. 2.
Forum. Lat. The public market or paved This occurs whenever, as a result of an
court of a Roman city where judicial and adverse opinion in one forum, a party
public business was transacted. (a) The seeks a favorable opinion (other than by
place where a legal decision is made. appeal or certiorari) in another.
(b) The court or locale wherein causes [Villanueva v. Adre, 172 SCRA 876, 882
are judicially tried. [Intl. Law Dict. & (1989)]. 3. It originated as a concept in
Direct., 2004]. private international law, where non-
resident litigants are given the option to
Forum conveniens. Lat. Appropriate or choose the forum or place wherein to
convenient court. The principle whereby bring their suit for various reasons or
a court which would not normally have excuses, including to secure procedural
jurisdiction over a claim nevertheless advantages, to annoy and harass the
accepts jurisdiction, because there is no defendant, to avoid overcrowded
other appropriate jurisdiction to hear the dockets, or to select a more friendly
claim, in order to ensure that justice is venue. To combat these less than
done. [Tetley, Glossary of Conflict of honorable excuses, the principle of
Laws, 2004]. forum non conveniens was developed
whereby a court, in conflicts of law
Forum non conveniens. Lat. cases, may refuse impositions on its
Inappropriate or inconvenient court. The jurisdiction where it is not the most
principle whereby a court which has convenient or available forum and the
jurisdiction over a claim, nevertheless parties are not precluded from seeking
stays conditionally or, dismisses remedies elsewhere. [First Phil. Intl.
conditionally or unconditionally the suit, Bank v. CA, GR 115849. Jan. 24, 1996,
in order that the claim may be tried in citing Salonga, Private Intl. Law, 1995
another jurisdiction to which the ed., p. 56 et seq.].
defendant is amenable and which the
court believes is more appropriate or Forwarder. One who, by the nature of
convenient for the litigation, including his business, accepts the placement or
the interests of justice. [Tetley, Glossary delivery of whatever goods, involving no
of Conflict of Laws, 2004]. more than a mere physical transfer of
the items from the seller. When such
Forum organization. An items are to be shipped overseas, the
intergovernmental organization that delivery of the goods to it is a mere
serves primarily as a meeting place for preparatory step for their eventual
discussions, negotiations, adjudications, shipment. [Morenos Law Dict., 2000
Ed., p. 186].

255
Apr. 1, 2003]. Also known as

Forward shifting. Tax Law. The transfer Balancing test.
of the burden of the tax from a factor of
production through the factors of FPA clause. Free from particular average
distribution until it finally settles on the clause. [Claridades, A., Compilation of
ultimate purchaser or consumer. [De Notes, 2001-2006].
Leon, Fundamentals of Taxation, 2000
Ed., p. 55]. Franchise. 1. A right or privilege,
affected with public interest which is
Foul bill of lading. A bill which contains conferred upon private persons or
a notation therein that the goods corporations, under such terms and
covered by it are in bad condition. conditions as the government and its
[Morenos Law Dict., 2000 Ed., p. 186]. political subdivisions may impose in the
interest of public welfare, security, and
Foundations. Combinations of capital, safety. [Sec. 131, RA 7160]. 2. Any
independent of individuals, and special privilege or right conferred by
organized principally for charitable, the State on corporations or persons
medical, or educational purposes (non- and which does not belong to the
profit purpose). [Paras, Phil. Conflict of citizens of the country generally as a
Laws, 8th Ed. (1996), p. 442]. matter of common right. [De Leon,
Corp. Code of the Phil. Annotated, 1989
Founders' shares. Corp. Law. Shares Ed., p. 85]. 3. Special license that
classified as such in the articles of requires the franchisee to work the
incorporation which may be given licensed property under the supervision
certain rights and privileges not enjoyed and control of the franchisor. [Intl. Law
by the owners of other stocks, provided Dict. & Direct., 2004].
that where the exclusive right to vote
and be voted for in the election of Franchise area. A geographical area
directors is granted, it must be for a exclusively assigned or granted to a
limited period not to exceed five (5) distribution utility for distribution of
years subject to the approval of the electricity. [Sec. 4, RA 9136].
SEC. [Sec. 7, Corp. Code].
Frangible disc. In the gas bottling trade,
Fountain. A kind of sparkler conical in a piece of steel disc between the valves
shape which is lighted on the ground and the plugs screwed thereto, of a
and designed to provide various rising cylinder containing liquid carbon dioxide,
colors and intermittent lights upon being which acts as a safety device the
ignited. [Sec. 2, RA 7183]. function of which is to burst when
excessive pressure is built within the
Fourchette. Legal Med. A small fold of cylinder to prevent the pressure vessel
membrane connecting the labia minora from exploding and disintegrating.
on the posterior part of the vulva [Morenos Law Dict., 2000 Ed., p. 187].
(external) part of the female genital
organ or the V-shaped appearance Fraud. 1. The insidious words or
formed by the union of the two labia machinations of one of the contracting
posterity. [Morenos Law Dict., 2000 parties, by which the other is induced to
Ed., p. 186]. enter into a contract which, without
them, he would not have agreed to.
Four-factor balancing test. 1. The test [Art. 1338, CC]. 2. The voluntary
to determine whether an accused has execution of a wrongful act, or a willful
been denied the constitutional right to omission, knowing and intending the
speedy disposition of his case, i.e., (a) effects which naturally and necessarily
length of the delay; (b) reason for the arise from such act or omission.
delay; (c) assertion of the right or [Legaspi Oil v. CA, GR 96505. July 1,
failure to assert it; and (d) prejudice 1993]. 3. Anything calculated to
caused by the delay. [Dean Tupaz, 24 deceive, including all acts, omissions,
Hours Before the Bar (1st Ed. 2005), p. and concealment involving a breach of
50, citing People v. Lacson, GR 149453, legal or equitable duty, trust, or
confidence justly reposed, resulting in

256
damage to another, or by which an sums different from or larger than those

undue and unconscientious advantage is authorized by law. (b) Failing voluntarily
taken of another. [CIR v. CA. 257 SCRA to issue a receipt, as provided by law,
200 (1996)]. for any sum of money collected by him
officially. (c) Collecting or receiving,
Fraud by concealment. Fraud directly or indirectly, by way of payment
committed through failure to disclose or otherwise things or objects of a
facts, when there is a duty to reveal nature different from that provided by
them, as when the parties are bound by law. [Art. 213, RPC].
confidential relations. [Art. 1339, CC].
Fraudulent acts. See False pretenses.
Fraud in factum. Sometimes known as
Fraud in esse contractus. That fraud Fraudulent conveyance. A transaction
which destroys the contract itself. [Diaz, by means of which the owner of real or
Bus. Law Rev., 1991 Ed., p. 325]. personal property has sought to place
the land or goods beyond the reach of
Fraud orders. The instruction issued by his creditors, or which operates to the
the Director of Posts -- upon satisfactory prejudice of their legal or equitable
evidence that any person or company is rights. [Morenos Law Dict., 2000 Ed., p.
engaged in conducting any lottery, gift 189].
enterprise, or scheme for the
distribution of money, or of any real or Fraudulent designation of origin, and
personal property by lot, chance, or false description. Crim. Law. The
drawing of any kind, or that any person felony committed by any person who by
or company is conducting any scheme, means of false or fraudulent
device, or enterprise for obtaining representation or declarations orally or
money or property of any kind through in writing or by other fraudulent means
the mails by means of false or shall procure from the patent office or
fraudulent pretenses, representations, from any other office which may
or promises -- to any postmaster or hereafter be established by law for the
other officer or employee of the Bureau purposes the registration of a trade-
(of Posts) to return to the person, name, trade-mark or service mark or of
depositing same in the mails, with the himself as the owner of such trade-
word 'fraudulent' plainly written or name, trade-mark or service mark or an
stamped upon the outside cover entry respecting a trade-name, trade-
thereof, any mail matter of whatever mark or service mark. [Art. 189, RPC].
class mailed by or addressed to such
person or company or the Fraudulent insolvency. Crim. Law. The
representative or agent of such person felony committed by any person who
or company. [Sec. 1982, Rev. Admin. shall abscond with his property to the
Code]. prejudice of his creditors, whether or
not he be a merchant. [Art. 314, RPC].
Frauds against the public treasury
and similar offenses. Crim. Law. The Fraudulent registration of
felony committed by any public officer trademark, trade name or service
who: 1. In his official capacity, in mark. Crim. Law. The felony committed
dealing with any person with regard to by any person who shall affix, apply,
furnishing supplies, the making of annex or use in connection with any
contracts, or the adjustment or goods or services or any container or
settlement of accounts relating to public containers for goods a false designation
property or funds, shall enter into an of origin or any false description or
agreement with any interested party or representation and shall sell such goods
speculator or make use of any other or services. [Art. 189, RPC].
scheme, to defraud the Government; 2.
Being entrusted with the collection of Fraudulent return. Taxation. 1. The
taxes, licenses, fees and other imposts, term implies intentional or deceitful
shall be guilty or any of the following entry with intent to evade the taxes
acts or omissions: (a) Demanding, due. [Aznar v. CA, GR L-20569. Aug. 23,
directly, or indirectly, the payment of 1974]. 2. It is always an attempt to

257
evade a tax. [Comm. of Int. Rev. v. areas, or petroleum reservations, or

Javier, GR 78953. July 31, 1991]. covered by valid and existing
Compare with False return. exploration or exploitation concession,
or petroleum drilling leases. [Art. 14, RA
Fraud vitiating consent for purposes 387].
of annulling a contract. Elements: (a)
It was employed by a contracting party Free city. An entire port city which has
upon the other, (b) It induced the other been opened to international trade.
party to enter into the contract; (c) It [Intl. Law Dict. & Direct., 2004].
was serious; and, (d) It resulted in
damages and injury to the party seeking Freedom. The state of being free;
annulment. [Alcasid v. CA, GR 104751, liberty; self-determination; absence of
Oct. 7, 1994. 237 SCRA 419]. restraint; the opposite of slavery.
[Blacks Law Dict., Abr. 5th Ed. (1983),
Fraus est odiosa et non 338].
praesumenda. Lat. Fraud is never
presumed. It must be alleged and Freedom constitution. The provisional
proven. [Cuizon v. CA, GR 102096. Aug. Philippine Constitution promulgated
22, 1996]. under Proclamation No. 3 signed by
former President Corazon C. Aquino on
Fraus et jus nunquam cohabitant. Mar. 25, 1986.
Lat. Law and justice always abhor fraud.
Fraud and justice never dwell or exist Freedom of disposition. The liberty to
side by side. [Dir. of Lands v. CA, GR L- dispose of one's estate by will when
45168. Jan. 27, 1981 ]. there are no forced heirs (which) is
rendered sacred by the Civil Code in
Free. When used in a trade term, it force in the Philippines since 1889. It is
means that the seller has an obligation so provided in the first paragraph of Art.
to deliver goods to a named place for 763 (now Art. 842). [Pecson v. Coronel,
transfer to a carrier. [Intl. Law Dict. & 45 Phil. 216].
Direct., 2004].
Freedom of navigation. The right to
Free alongside ship (FAS). A provision sail ships on the high seas, subject only
in a contract of sale which requires the to international law and the laws of the
seller to deliver the merchandise at a flag state. [Suarez, Pol. Law Reviewer,
designated place for loading aboard 1st Ed., 2002, p. 1041].
ship. [Torres, Oblig. & Cont., 2000 Ed.,
p. 351]. Freedom of speech. In the words of
John Milton, (it) is the "liberty to know,
Free and prior informed consent. The to utter, and to argue freely according
consensus of all members of the to conscience above all liberties.
Indigenous Cultural Communities/ [Garcia v. Faculty Admission Committee,
Indigenous Peoples (ICCs/IPs) to be GR L-40779. Nov. 28, 1975].
determined in accordance with their
respective customary laws and Freedom of the high seas. The right of
practices, free from any external all states to freely use the high seas for
manipulation, interference and coercion, navigation, overflight, fishing, the laying
and obtained after fully disclosing the of submarine cables and pipelines,
intent and scope of the activity, in a constructing artificial islands and
language and process understandable to installations, and carrying on scientific
the community. [Sec. 4, RA 8371]. research. [Intl. Law Dict. & Direct.,
2004].
Free areas. All lands within the territorial
limits of the Philippines including those Freedom of the Seas. The principle in
submerged beneath seas, bays, lakes, international law that no part of the sea
rivers, lagoons, or the territorial waters, can be subjected the sovereignty of any
or on the continental shelf, or its State. It cannot therefore be
analogue in an archipelago, but which incorporated into the territory of any
are not within the national reserve

258
State through occupation. [Suarez, Pol.

Law Reviewer, 1st Ed., 2002, p. 1040]. Freedom to contract. See Autonomy
in contracts.
Freedom period. See Sixty (60) day
freedom period. Free exercise clause. Const. Law. A
provision in the 1897 Phil. Constitution
Freedom to act on one's beliefs. The that the free exercise and enjoyment of
aspect of the right to religious religious profession and worship,
profession and worship where the without discrimination or preference,
individual externalizes his beliefs in acts shall forever be allowed. [Sec. 5, Art.
or omissions that affect the public, and III, 1987 Const.].
his freedom to do so becomes subject to
the authority of the State. As great as Free from particular average (FPA)
this liberty may be, religious freedom, clause. A clause agreed upon in a
like all the other rights guaranteed in policy of marine insurance in which it is
the Constitution, can be enjoyed only provided that a marine insurer shall not
with a proper regard for the rights of be liable for any particular average loss
others. It is error to think that the mere not depriving the insured of the
invocation of religious freedom will possession, at the port of destination, of
stalemate the State and render it the whole of such thing, or class of
impotent in protecting the general things, even though it becomes entirely
welfare. The inherent police power can worthless; but such insurer is liable for
be exercised to prevent religious his proportion of all general average loss
practices inimical to society. And this is assessed upon the thing insured. [Sec.
true even if such practices are pursued 136, IC].
out of sincere religious conviction and
not merely for the purpose of evading Freehold. A special right granting the full
the reasonable requirements or use of real estate for an indeterminate
prohibitions of the law. [Cruz, Constl. time. It differs from leasehold, which
Law, 1998 Ed., p. 182]. Compare with allows possession for a limited time.
Freedom to believe. There are varieties of freehold such as
fee simple and fee tail. [Duhaime's Legal
Freedom to believe. The aspect of the Dict., 2004].
right to religious profession and worship
where the individual is free to believe Freeholder. A person who owns freehold
(or disbelieve) as he pleases concerning property rights (i.e. in a piece of real
the hereafter. He may indulge his own estate; either land or a building).
theories about life and death; worship [Duhaime's Legal Dict., 2004].
any god he chooses, or none at all;
embrace or reject any religion; Free market. Domestic and foreign open
acknowledge the divinity of God or of market. [Sec. 1, RA 6364].
any being that appeals to his reverence;
recognize or deny the immortality of his Free on board (FOB). 1. This means
soul in fact, cherish any religious that the goods are to be delivered free
conviction as he and he alone sees fit. of expense to the buyer to the point of
However absurd his beliefs may be to either shipment or destination. [Diaz,
others, even if they be hostile and Bus. Law Rev., 1991 Ed., p. 124]. 2. A
heretical to the majority, he has full provision in a contract of sale which
freedom to believe as he pleases. He requires the seller to deliver the
may not be required to prove his beliefs. merchandise at a designated place,
He may not be punished for his inability usually to a common carrier. [Torres,
to do so. Religion, after all, is a matter Oblig. & Cont., 2000 Ed., p. 351].
of faith. 'Men may believe what they
cannot prove.' Every one has a right to Free patent. Title of ownership to a
his beliefs and he may not be called to portion of public land, applied for and
account because he cannot prove what approved by the government. [Morenos
he believes. [Cruz, Constl. Law, 1998 Law Dict., 2000 Ed., p. 189].
Ed., p. 182]. Compare with Freedom to
act on one's beliefs.

259
Free portion. The remainder of the or from assisting or taking part in its
estate, after deducting the legitime, transfer, encumbrance, concealment, or
which may be freely disposed of by the dissipation. It commands the possessor
testator as may be desired to any to hold the property and conserve it
person with capacity to succeed. subject to the orders and disposition of
[Morenos Law Dict., 2000 Ed., p. 189]. the authority decreeing such freezing. In
this sense, it is akin to a garnishment by
Free property of the insolvent. which the possessor or ostensible owner
Property of the insolvent not impressed of property is enjoined not to deliver,
with liens by operation of Arts. 2241 and transfer, or otherwise dispose of any
2242 of the Civil Code. [Rep. v. Peralta, effects or credits in his possession or
GR L-56568. May 20, 1987]. control, and thus becomes in a sense an
involuntary depositary thereof. [Bataan
Free Public Secondary Education Act Shipyard Engg. Co. Inc. v. PCGG, GR
of 1988. RA 6655 entitled An Act 75885. May 27, 1987].
establishing and providing for a free
public secondary education and for Free zone. Geographical area wherein
other purposes enacted on May 26, goods may be imported and exported
1988. free from customs tariffs and in which a
variety of trade-related activities may be
Free retail zones. Areas within carried on. [Intl. Law Dict. & Direct.,
international airports and harbors where 2004].
travelers can buy goods free of local
sales and excise taxes. [Intl. Law Dict. & Freight collect. That freightage incurred
Direct., 2004]. in transporting the goods from the point
of origin to the port of destination
Free trade area. A group of states that (which) is for consignees account.
have reduced or eliminated trade [Morenos Law Dict., 2000 Ed., p. 190].
barriers between themselves, but who
maintain their own individual tariffs as Freight forwarder. A firm that makes or
to other states. [Intl. Law Dict. & assists in the making of shipping
Direct., 2004]. arrangements. [Intl. Law Dict. & Direct.,
2004].
Free trade association. A group of
states that have eliminated trade French rule. The rule that crimes
barriers between themselves. [Intl. Law committed aboard foreign merchant
Dict. & Direct., 2004]. vessels cannot be tried in the courts of
that country, unless their commission
Free trade zone. 1. An isolated policed affects the peace and security of the
area adjacent to a port of entry (as a territory or the safety of the state is
seaport) and/or airport where imported endangered. [Claridades, A.,
goods may be unloaded for immediate Compilation of Notes, 2001-2006].
transshipment or stored, repacked, Compare with English rule.
sorted, mixed, or otherwise manipulated
without being subject to import duties. Fresh agricultural and fishery
However, movement of these imported products. Agricultural and fisheries
goods from the free-trade area to a products newly taken or captured
non-free-trade area in the country shall directly from its natural state or habitat,
be subject to import duties. [Sec. 4, RA or those newly harvested or gathered
7916]. 2. A free zone located within or from agricultural areas or bodies of
near a port city. [Intl. Law Dict. & water used for aquaculture. [Sec. 4, RA
Direct., 2004]. 8435].
Freeze order. An order which prohibits Freshwater. Water containing less than
the person having possession or control 500 ppm dissolved common salt, sodium
of property alleged to constitute "ill- chloride, such as that in groundwater,
gotten wealth" "from transferring, rivers, ponds and lakes. [Sec 4, RA
conveying, encumbering or otherwise 9275].
depleting or concealing such property,

260
Friar Lands Act. Act 1120, as amended. violation of one's constitutional rights
the admission of which in court is
Fringe benefit. Any good, service or outlawed. [People v. Opida, GR L-
other benefit furnished or granted in 46272. June 13, 1986]. 2. According to
cash or in kind by an employer to an this rule, once the primary source (the
individual employee (except rank and "tree") is shown to have been unlawfully
file employees) such as, but not limited obtained, any secondary or derivative
to, the following: (a) housing; (b) evidence (the "fruit") derived from it is
expense account; (c) vehicle of also inadmissible. [People v. Alicando,
any kind; (d) household personnel, such GR 117487. Dec. 12, 1995, citing
as maid, driver and others; (e) interest Silverthorne v. US, 251 US 385, 40 S.
on loan at less than market rate to the Ct. 182, 64 L. Ed. 319 (1920)]. 3. The
extent of the difference between the rule is based on the principle that
market rate and actual rate granted; (f) evidence illegally obtained by the State
membership fees, dues and other should not be used to gain other
expenses borne by the employer for the evidence because the originally illegally
employee in social and athletic clubs or obtained evidence taints all evidence
other similar organizations; (g) subsequently obtained. [People v.
expenses for foreign travel; (h) holiday Alicando, GR 117487. Dec. 12, 1995,
and vacation expenses; (i) educational citing Del Carmen, Crim. Proc., Law and
assistance to the employee or his Practice, 3rd Ed., pp. 64-65].
dependents; and (j) life or health
insurance and other non-life insurance Frustrated felony. A felony where the
premiums or similar amounts in excess offender performs all the acts of
of what the law allows. [Sec. 33, NIRC, execution which would produce the
as amended]. felony as a consequence but which,
nevertheless, do not produce it by
Frivolity, places of. Places of hilarity reason of causes independent of the will
marked by or providing boisterous of the perpetrator. [Art. 6, RPC].
merriment or recreation. [Sec. 3, RA
8491]. Fugitive. One who runs away to avoid
arrest, prosecution or imprisonment.
Frivolous appeal. An appeal presenting Many extradition laws also call the
no justiciable question, or one so readily suspect a "fugitive" although, in that
recognizable as devoid of merit on the context, it does not necessarily mean
face of record that there is little, if any, that the suspect was trying to hide in
prospect that it can ever succeed. One the country from which extradition is
which is evidently without merit, taken being sought. [LawInfo Legal Dictionary
manifestly for delay. [Dela Cruz v. (2005)].
Blanco, GR 48790. June 8, 1942].
Fugitive from justice. 1. The term
Frontage. That part or end of a lot which refers not only those who flee after
abuts a street. [Sec. 3, BP 220]. conviction to avoid punishment but
likewise those who, after being charged,
Front seat passengers. Persons on flee to avoid prosecution. [Marquez v.
board a public utility vehicle seated at Comelec, GR 112889. Apr. 18, 1995]. 2.
the right side beside the driver for public One who, having committed or being
utility jeepneys (PUJs) and to accused of having committed a crime in
passengers seated at the right side one jurisdiction, cannot be found
beside the driver and those at the first therein. [Rodriguez v. Comelec, GR
row immediately behind the driver in the 120099. July 24, 1996, citing Black's
case of public utility buses (PUBs) and Law Dict.].
to passengers seated on the right side
beside the driver for private motor Full. Entire, complete, or possessing all
vehicles. [Sec. 3, RA 8750]. particulars, or not wanting in any
essential quality. [Black's Law Dict, 5th
Fruits of the poisonous tree. Also Ed., 604-605, Webster's 3rd New Intl.
Uncounselled admission. 1. An Dict., 1986, 919].
admission or confession obtained in

261
Full backwages. Without deducting from nursery pond, a transition pond, a

backwages the earnings derived rearing pond or a combination of any or
elsewhere by the concerned employee all said classes of ponds, and a
during the period of his illegal dismissal. functional water control system and
[Bustamante v. NLRC, GR 111651. Nov. producing in a commercial scale. [Sec.
28, 1996]. 4, RA 8550; ].
Full blood relationship. That existing Fulminate. A kind of stable explosive

between persons who have the same compound which explodes by
father and the same mother. [Art. 967, percussion. [Sec. 3, PD 1185].
CC].
Functus officio. Lat. An officer or
Full name. A persons Christian or given agency whose mandate has expired
name and his surname or family name. either because of the arrival of an expiry
[Morenos Law Dict., 2000 Ed., p. 191]. date or because an agency has
accomplished the purpose for which it
Full payout lease. See Finance lease. was created. [Duhaime's Legal Dict.,
2004].
Full powers or pleins pouvoirs. Intl.
Law. Credentials which the Fund. A sum of money or other resources
representatives of the contracting set aside for the purpose of carrying out
parties are provided with to undertake specific activities or attaining certain
the discussion of the provisions of a objectives in accordance with special
proposed treaty. [Cruz, Intl. Law requisitions, restrictions, or limitations,
Reviewer, 1996 Ed., p. 96]. and constitutes an independent fiscal
and accounting entity. [Sec. 2, Chap. 1
Full-term baby. An infant which weighs Subtitle B, EO 292].
more than 2,275 grams even if it is born
before the thirty-seventh week which is Fundamental breach. A failure to
less than 9.3 months. [People v. perform that substantially deprives the
Malapo, GR 123115. Aug. 25, 1998]. other party of that which he was
entitled to expect. [Intl. Law Dict. &
Full-time teacher. One whose total Direct., 2004].
working day is devoted to the school,
has no other regular remunerative Funeral establishment. Any place used
employment and is paid on a regular in the preparation and care of the body
monthly basis regardless of the number of a deceased person for burial. [Sec.
of teaching hours. [UST v. NLRC, GR 89, PD 856].
85519. Feb. 15, 1990].
Funeral expenses. The money
Fully developed fishpond. Fully expended in procuring the interment,
developed fishpond. A clean, leveled cremation, or other disposition of a
area enclosed with dikes at least one corpse, including suitable monument,
foot higher than the highest flood water perpetual care of burial lot and
level in the locality and strong enough entertainment of those participating in
to resist water pressure at the highest the wake. [Paras, Phil. Conflict of Laws,
flood tide, and consisting at least of a 8th Ed. (1996), pp. 316-317, citing
nursery pond, a transition pond, a Blacks Law Dict., p. 344].
rearing pond, or a combination of any or
all of said classes of ponds, and water Fungible goods. 1. Generally the things
control system. [Sec. 3, PD 704; Sec. 3, whose individuality can be determined
PD 43]. by counting, weighing, or measuring.
Fully-developed fishpond area. A II, Repr. 2001, p. 28, citing 1 Ruggiero
clean leveled area enclosed by dikes, at 489]. 2. Goods which are comprised of
least one foot higher than the highest many identical parts and which can be
floodwater level in the locality and easily replaced by other, identical
strong enough to resist pressure at the goods. If the goods are sold by weight
highest flood tide; consists of at least a or number, this is a good sign that they

262
are fungible. 3. Goods of which any unit Futures. The term has grown out of
is, from its nature by mercantile custom, those purely speculative transactions in
treated as the equivalent of any other which there are nominal contracts to sell
unit. [Sec. 58, Act 2137]. for future delivery, but where in fact no
delivery is intended or executed. The
Fungibles. Goods which are comprised of nominal seller does not have or expect
many identical parts such as a bushel of to have a stock of merchandise he
grain or a barrel of apples or oil, and purports to sell nor does the nominal
which can be easily replaced by other, buyer expect to receive it or to pay for
identical goods. If the goods are sold by the price. Instead of that, a percentage
weight or number, this is a good sign or margin is paid, which is increased or
that they are fungible. [LawInfo Legal diminished as the market rates go up
Dictionary (2005)]. and down, and accounted for to the
buyer. This is simple speculation,
Furiosi nulla voluntas est. A Latin gambling or wagering on prices within a
expression that mentally impaired given time; it is not buying and selling
persons cannot validly sign a will. and is illegal as against public policy.
[LawInfo Legal Dictionary (2005)]. [Onapal Phils. Commodities, Inc. v. CA,
GR 90707. Feb. 1, 1993, citing King v.
Furnishings. The act or process of Quidwicks, 14 R. Is. 131, 138; Anderson
supplying furniture or equipment; an v. State, 58 S.E. 401 (1907); Henry
article or accessory of dress; an object Hentz & Co. v. Booz, 70 S.E. 108
of fixture that tends to increase comfort (1911)].
or utility. [Ozaeta v. CA, GR 95226. Nov.
18, 1993, citing Webster's 3rd New Intl. Futures commission merchant or
Dict.]. broker. A corporation or partnership
engaged in soliciting or in accepting
Further training. That part of vocational orders for the purchase or sale of any
training which follows basic training, commodity for future delivery on or
usually within the framework of a subject to the rules of any contract
training program or scheme, for market and that, in connection with
recognized qualifications. [Sec. 1, Rule such solicitation or acceptance of
1, Book 2, IRR of LC]. orders, accepts any money, securities or
property (or extends credit in lieu
Future debts. Debts the amount of thereof) to margin, guarantee or secure
which is not yet known and until the any trade or contract that results or may
debt is liquidated, there can be no claim result therefrom. [Onapal Phils.
against the guarantor. [Art. 2053, CC]. Commodities, Inc. v. CA, GR 90707.
Feb. 1, 1993].
Future inheritance. Any property or
right not in existence or capable of
determination at the time of the
contract, that a person may in the
future acquire by succession. [Blas v.
Santos, GR L-14070. Mar. 29, 1961].
Future person. One who is to be born. It

may be a natural or juridical person.
Future property. 1. Anything which the

donor cannot dispose of at the time of
the donation. [Art. 751, CC]. 2. It
includes all property that belongs to
others at the time the donation is made,
although it may or may not later belong
to the donor. [Tolentino, Civil Code of
the Phil., Vol. II, Repr. 2001, p. 561].

263
actor. [Campita v. Villanueva, GR L-

20228. Nov. 28, 1964].
Gainful employment. Employment that

gives one an income such that there is
an appreciable margin of his income
over his expenses as to be able to
provide for an adequate support in the
event of unemployment, sickness, or
disability to work and thus avoid one's
becoming the object of charity or a
public charge. [In re: Lim Biak Chao v.
Rep., GR L-28541, Jan. 14, 1974].
Gambling. Crim. Law. 1. The felony

committed by: (a) any person who, in
any manner shall directly, or indirectly
take part in any game of monte, jueteng
or any other form of lottery, policy,
banking, or percentage game, dog
races, or any other game of scheme the
result of which depends wholly or chiefly
upon chance or hazard; or wherein
wagers consisting of money, articles of
value or representative of value are
made; or in the exploitation or use of
any other mechanical invention or
contrivance to determine by chance the
loser or winner of money or any object
or representative of value; (b) any
person who shall knowingly permit any
form of gambling referred to in the
preceding number to be carried on in
any uninhabited or uninhabited place of
any building, vessel or other means of
transportation owned or controlled by
him; (c) the maintainer, conductor, or
banker in a game of jueteng or any
similar game; or (d) any person who
shall, knowingly and without lawful
purpose, have in his possession and
lottery list, paper or other matter
containing letters, figures, signs or
symbols which pertain to or are in any
manner used in the game of jueteng or
any similar game which has taken place
or about to take place. [Art. 195, RPC].
-G- 2. Play by certain rules at cards, dice, or

other contrivance, so that one shall be
the loser and the other the winner. [US
Gaffer. Also Taga-tari. Tag. A person v. Salaveria, GR 13678. Nov. 12, 1918,
knowledgeable in the art of arming citing 20 Cyc., 878].
fighting cocks with gaff or gaffs on
either or both legs. [Sec. 4, PD 449]. Game-fixing. Any arrangement,
combination, scheme or agreement by
Gahasa. Tag. The word does not refer to which the result of any game, races or
force in general but only to force or sports contests shall be predicted and/or
violence when applied to a woman for known other than on the basis of the
the purpose of satisfying the lust of the

264
honest playing skill or ability of the Garnishment, writ of. See Writ of
players or participants. [Sec. 1, PD 483]. garnishment.
Game-machinations. Any other Gasera. Tag. Kerosene lamp. [People v.

fraudulent, deceitful, unfair or dishonest Indaya, GR 90296. Apr. 25, 1991].
means, method, manner or practice
employed for the purpose of influencing Gastric ulcer. See Stomach ulcer.
the result of any game, races or sport
contest. [Sec. 1, PD 483]. Gastro-duodenitis. A disease involving
both the stomach and the duodenum;
Game of chance. That game which that the head of the pancreas is cradled
depends more on chance or hazard than next to the duodenum just past the
or skill or ability. [Art. 2013, CC]. stomach and a tumor mass in this organ
may be detected by seeing its pressure
Game refuge or bird sanctuary. A effect on the abdomen; that radiologic
forest land designated for the protection procedure may show the encroachment
of game animals, birds and fish and of the pancreatic lesion on other organs;
closed to hunting and fishing in order and changes in the configuration of the
that the excess population may flow and abdominal loop of the stomach rarely
restock surrounding areas. [Sec. 3, PD appear early but are merely signs of
705]. advanced disease. [Sealanes Marine
Services, Inc. v. NLRC, GR 84812. Oct.
Gana. Tag. With the stress on the first 5, 1990].
syllable, earning or wage or salary.
[Morenos Law Dict., 2000 Ed., p. 193]. Gavel. A wooden mallet used by a judge
to bring proceedings to a start or to an
Garnishment. 1. The process of end or to command attention in his
notifying a third person called the court. [Duhaime's Legal Dict., 2004].
garnishee to retain and attach the
property he has in his possession or Gear license. See Fishing boat.
under his control belonging to the
judgment debtor, to make disclosure to Gemstone gathering permit. The non-
the court concerning the same, and to exclusive permit granted by the
dispose of the same as the court shall provincial governor to any qualified
direct to satisfy the judgment. [Bench person to gather loose stones useful as
Book for Trial Court Judges, p. 2-59, gemstones in rivers and other locations.
citing Sec. 9, Rule 39, RoC]. 2. A species [Sec. 52, RA 7942].
of attachment for reaching any property
or credits pertaining or payable to a GenCos. Privatized generating companies
judgment debtor. In legal (generators) in the electric power
contemplation, it is a forced novation by business. [Sec. 1.2, IRR, EO 354 dated
the substitution of creditors; the 5 July 1996].
judgment debtor, who is the original
creditor of the garnishee is, through Gender sensitivity. Cognizance of the
service of the writ of garnishment, inequalities and inequalities prevalent in
substituted by the judgment creditor society between women and men and a
who thereby becomes creditor of the commitment to address issues with
garnishee. Garnishment has also been concern for the respective interest of
described as a warning to a person the sexes. [Sec. 2, IRR, RA 8042].
having in his possession property or
credits of the judgment debtor, not to General acceptance. Nego. Inst. An
pay the money or deliver the property to acceptance to pay at a particular place,
the latter, but rather to appear and unless it expressly states that the bill is
answer the plaintiff's suit. [Perla to be paid there only and not elsewhere.
Compania De Seguros v. Ramolete, GR [Sec. 140, NIL]. Compare with
L-60887. Nov. 13, 1991]. Compare with Qualified acceptance.
Levy.
General act. Intl. Law. The document
containing a summary of the

265
proceedings of a conference, which Ed., p. 172]. 2. A contribution by those

assumes the character of a treaty by jointly involved in a maritime venture to
declaring that the treaties and make good the loss by one of them for
conventions which are annexed to it his voluntary sacrifice of a part of the
have the same force as if they are ship or cargo to save the residue of the
textually included. [Coquia and property and the lives on board, or for
Santiago, Intl. Law, 3rd Ed. (1998), p. the extraordinary expenses necessarily
493]. See Act or Final act. incurred for the benefit and safety of all.
General agency. An agency that Compare with Particular average.
comprises all the business of the
principal. [Art. 1876, CC]. Compare with General bond. A combination of bidder's
Special agency. bond and a performance bond which
may be in cash, certified or cashier's
General Agreement on Tariffs and check. [IRR on Supply & Prop. Mgt., per
Trade (GATT). A multilateral Sec. 383, LGC].
international treaty first created in 1947
and frequently amended (most recently General Bonded Warehouse Law. Act
in 1994) to which 125 countries 3893, as amended by RA 247, which
subscribe. GATT provides for fair trade regulates and supervises warehouses
rules and the gradual reduction of which put up a bond. [Miravite, Bar
tariffs, duties and other trade barriers. Review Materials in Comm. Law, 12th
The 1994 amendment created a World Ed., (2002), p. 26].
Trade Organization, which oversees the
implementation of the GATT. General building contractor. A person
[Duhaime's Legal Dict., 2004]. whose principal contracting business is
in connection with any structure built,
General appropriations bill. A bill being built, or to be built, for the
(filed) on the basis of a budget of support, shelter and enclosure of
expenditures and sources of financing, persons, animals, chattels or movable
including receipts from existing and property of any kind, requiring in its
proposed revenue measures submitted construction the use of more than two
to the Congress by the President within unrelated building trades or crafts, or to
thirty days from the opening of the do or superintend the whole or any part
regular session. [Sec. 22, Art. VII, 1987 thereof. Such structure includes sewers
Const.]. Compare with Special and sewerage disposal plants and
appropriations bill. systems, parks, playgrounds and other
recreational works, refineries, chemical
General Assembly. 1. The principal plants, and similar industrial plants
deliberative body of the United Nations. requiring specialized engineering
[Intl. Law Dict. & Direct., 2004]. 2. The knowledge and skill, powerhouse, power
central organ of the United Nations and plants and other utility plants and
is vested with jurisdiction over matters installations mines and metallurgical
concerning its internal machinery and plants, cement and concrete works in
operations. [Cruz, Intl. Law Reviewer, connection with the abovementioned
1996 Ed., p. 24]. fixed works. [Sec. 9, RA 4566].
General average. Mar. Ins. 1. A General counsel. The senior lawyer of a

contribution by the several interests corporation. This is normally a full-time
engaged in the maritime venture to employee of the corporation although
make good the loss of one of them for some corporations contract this position
the voluntary sacrifice of a part of the out to a lawyer with a private firm.
ship or cargo to save the residue of the [LawInfo Legal Dictionary (2005)].
property and the lives of those on
board, or for extraordinary expenses General crossed check. A check on
necessarily incurred for the common which are placed two parallel lines
benefit and safety of all. [Amer. Home diagonally on the left top portion of the
Assurance v. CA, GR 94149. May 5, check and between such lines are
1992, citing Black's Law Dict., Rev. 4th written the words "and Co." or none at

266
all as in the case at bar, in which case being retained by one party, of the
the drawee should not encash the same opportunity of rendering services to the
but merely accept the same for deposit. other party. [Morenos Law Dict., 2000
[State Investment House v. IAC, GR Ed., p. 195].
72764. July 13, 1989]. Compare with
Special crossed check. Generalia specialibus non derogant.
Lat. Special provisions prevail over the
General crossing. Crossing of the check general provisions. [Black on
nd
where the words written between the Interpretation of Laws, 2 Ed., pp. 328-
two parallel lines are "and Co." or "for 329]. A special law is not regarded as
payee's account only," as in the case at having been amended or repealed by a
bar. This means that the drawee bank general law unless the intent to repeal
should not encash the check but merely or alter is manifest. [Manila Railroad Co.
accept it for deposit. [Associated Bank v. Rafferty, 40 Phil 224 (1919)].
v. CA, GR 89802. May 7, 1992].
Compare with Special crossing. Generalia verba sunt generaliter
intelligenda. Lat. It should be
General denial. One which puts in issue understood to have a general and
all the material averments of the inclusive scope, inasmuch as the term is
complaint or petition, and permits the a general one. [Diaz v. IAC, GR 66574.
defendants to prove any and all facts Feb. 21, 1990].
which tend to negative those averments
or some one or all of them. [Loyola v. Generalibus specialia derogant. Lat.
HRET, GR 109026. Jan. 4, 1994, citing General terms do not restrict or modify
Maulin v. Ball, 1 P. 409, 411, 5 Mont. special provisions. [Bernas v. CA, GR
96, cited in Words and Phrases, 85041. Aug. 5, 1993].
"General Denial."].
General indorser. A person placing his
General elections. The regular local and signature upon an instrument otherwise
national elections. [Morenos Law Dict., than as maker, drawer or acceptor.
2000 Ed., p. 195]. [Tiong v. Ting, GR L-26767. Feb. 22,
1968].
General engineering contractor. A
person whose principal contracting Generality. A characteristic of criminal
business is in connection with fixed law where the law is deemed binding
works requiring specialized engineering upon all persons who reside or sojourn
knowledge and skill, including the in the Philippines, irrespective of age,
following divisions or subjects: sex, color, creed, or personal
irrigation, drainage, water power, water circumstances. [Gregorio, Fund. of Crim.
supply, flood control, inland waterways, Law Rev., 1997 9th Ed., p. 2].
harbors, docks and wharves, shipyards
and ports, dams, hydroelectric projects, General jurisdiction. It refers to courts
levees, river control and reclamation that have no limit on the types of
works, railroads, highways, streets and criminal and civil cases they may hear.
roads, tunnels, airports and airways, [Glossary of Legal Terms, Pro-Se
waste reduction plants, bridges, Handbook, (Internet)].
overpasses, underpasses and other
similar works, pipelines and other General objection. An objection that the
system for the transmission of contested exhibits are inadmissible for
petroleum and other liquid or gaseous having been admitted when the purpose
substances, land leveling and earth for which they are being offered are not
moving projects, excavating, grading, stated. [Morenos Law Dict., 2000 Ed.,
trenching, paving and surfacing work. p. 195].
[Sec. 9, RA 4566].
General partner. A partner who is liable
General fee. A fee paid to a lawyer to to the extent of his separate property
insure and secure his future services for after all the assets of the partnership
a particular case or work, and to are exhausted. [Diaz, Bus. Law Rev.,
remunerate him for being deprived, by

267
1991 Ed., p. 189]. Compare with conflict must be found in existing and
Limited partner. prior acts. [Mecano v. COA, GR 103982.
Dec. 11, 1992].
General partnership. A partnership
where all the parties are general General retainer. A fee paid to a lawyer
partners who are liable even to the to secure beforehand his services as
extent of their individual properties, general counsel for any ordinary legal
after the exhaustion of the partnership problem that may otherwise arise in the
assets. [Suarez, Intro. to Law, 1995 3rd ordinary business of the client.
Ed., p. 119]. Compare with Limited [Morenos Law Dict., 2000 Ed., p. 195].
partnership.
General statute. A statute which relates
General practice. Dealing in many or to persons, entities, or things as a class
numerous areas of the law. [LawInfo or operates equally or alike upon all of a
Legal Dictionary (2005)]. class, omitting no person, entity, or
thing belonging to a class. E.g.: Family
General principles of law. Legal Code. [Suarez, Stat. Con., (1993), p.
doctrine that allows international 96]. Compare with Special statute.
tribunals to adopt and apply principles
common to the various systems of General viewing. Making motion
domestic law, so long as they are pictures available to general public for
consistent with the nature of the its viewing through convenient film
international community and are not in packs or similar materials sold, leased,
conflict with the law established by or lent in commercial outlets, public
international conventions or lending clubs, and similar organizations.
international customary law. One of the [Sec. 10, PD 1986].
sources of international law listed in Art.
38 (1) (c) of the Statute of the General warrant. One of a class of writs
International Court of Justice. Their use long proscribed as unconstitutional and
is controversial and they have rarely once anathematized as totally
influenced the decisions of any subversive of the liberty of the subject.
international tribunal. [Intl. Law Dict. & Clearly violative of the constitutional
Direct., 2004]. injunction that warrants of arrest should
particularly describe the person or
General professional partnership. A persons to be seized, the warrant must,
partnerships formed by persons for the as regards its unidentified subjects, be
sole purpose of exercising their common voided. [Pangandaman v. Casar, GR L-
profession, no part of the income of 71782. Apr. 14, 1988].
which is derived from engaging in any
trade or business. [Sec. 131, RA 7160]. General welfare clause. 1. Sec. 16 of
RA 7160 or the Local Government Code
General public. The general community of 1991. 2. A delegation in statutory
or population, and one who offers form of the police power, under which
services or solicits business only from a municipal corporations are authorized to
narrow segment of the general enact ordinances to provide for the
population. [De Guzman v. CA, GR L- health and safety, and promote the
47822. Dec. 22, 1988]. morality, peace and general welfare of
its inhabitants. [Physical Therapy Org. of
General register. The general register of the Phil. v. Mun. Board of the City of
marriages, divorces, revocation of Manila, GR L-10448. Aug. 30, 1957].
divorces, conversion and such other
deeds or instruments kept by the Generation company. Any person or
Registrar under the Code of Muslim entity authorized by the Energy
Personal Laws of the Philippines. [Art. 7, Regulatory Commission (ERC) to
PD 1083]. operate facilities used in the generation
of electricity. [Sec. 4, RA 9136].
General repealing provision. A clause
which predicates the intended repeal Generation of electricity. The
under the condition that a substantial production of electricity by a generation

268
company or a co-generation facility destruction in whole or in part; (d)

pursuant to the provisions of RA 9136. imposing measures intended to prevent
[Sec. 4, RA 9136]. births within the group; (e) forcibly
transferring children of the group to
Generic aggravating circumstances. another group. [Cruz, Intl. Law
Those which generally apply to all Reviewer, 1996 Ed., p. 116-117]. 2. The
crimes like recidivism. [Gregorio, Fund. intentional annihilation of a national,
of Crim. Law Rev., 1997 9th Ed., p. 111]. ethnical, racial, or religious group. [Intl.
Law Dict. & Direct., 2004].
Generic drugs. Drugs not covered by
patent protection and which are labeled Gentlemens agreement. Intl. Law. A
solely by their international non- temporary agreement on the conduct or
proprietary or generic name. [Sec. 3, RA course of action to be followed and
6675]. arrived at through an exchange of
diplomatic correspondence. [Coquia and
Generic name. Also Generic Santiago, Intl. Law, 3rd Ed. (1998), p.
terminology. The identification of 494].
drugs and medicines by their
scientifically and internationally Genuine. Also Authentic. The document
recognized active ingredients or by their speaks the truth; that it is what it
official generic name as determined by purports to be a faithful statement or
the Bureau of Food and Drugs (BFAD) of record of the truth. Trustworthy or not
the DOH. [Art. 4, RA 7394; Sec. 3, RA false. [Lucman v. Dimapuro, GR L-
6675]. 31558. May 29, 1970].
Generic or indeterminate thing. A Genuine issue. An issue of fact which

thing which refers only to a class or calls for the presentation of evidence as
genus and cannot be identified with distinguished from an issue which is
particularity. [Diaz, Bus. Law Rev., 1991 sham, fictitious, contrived, set up in bad
Ed., p. 3]. faith and patently unsubstantial so as
not to constitute a genuine issue for
Generics Act of 1988. RA 6675 entitled trial. The court can determine this on
An Act to promote, require and ensure the basis of the pleadings, admissions,
the production of an adequate supply, documents, affidavits and/or counter
distribution, use and acceptance of affidavits submitted by the parties to the
drugs and medicines identified by their Court. [Paz v. CA, GR 85332. Jan. 11,
generic names enacted on Sep. 13, 1990].
1988.
Genuine link. A state must have a real
Genetic materials. Livestock breed, and bona fide relationship with a person
crop varieties, and fishery species. [Sec. before it may sponsor that person's suit
2, PD 2032]. in an international tribunal. [Intl. Law
Genetic testing. Analysis of inherited
factors (usually by blood or tissue test) Genuineness. The fact that the
of mother, child, and alleged father document is not spurious, counterfeit, or
which can help to prove or disprove that of different import on its face from the
a particular man fathered a particular one executed by the party, or that the
child. [LawInfo Legal Dictionary (2005)]. party whose signature it bears has
signed it and that at the time it was
Genocide. Intl. Law. 1. Any of the signed, it was in words and figures
following acts, committed with intent to exactly as set out in the pleadings.
destroy, in whole or in part, a national, [Claridades, A., Compilation of Notes,
ethnic, racial or religious group as such: 2001-2006]. See Due execution.
(a) killing members of the group; (b)
causing serious bodily or mental harm to Genuineness and due execution. The
members of the group; (c) deliberately phrase means nothing more than that
inflicting on the group conditions of life the instrument is not spurious,
calculated to bring about its physical counterfeit, or of different import on its

269
face from the one executed. [Bough v.

Cantiveros, GR 13300. Sep. 29, 1919]. Geology, practice of. A person shall be
deemed to be practicing geology or
Genuine or authentic. Fully trustworthy rendering geological service within the
and in accordance with fact or actuality. meaning of this Act who shall, for a fee,
[Lucman v. Dimapuro, GR L-31558. May salary or other reward or compensation
29, 1970, citing Webster's 7th New paid to him or through another person,
Collegiate Dict., p. 59]. render or offer to render geological
work by means of signs, cards,
Genuine or authentic document. A advertisements or any other way, in the
document that it is fully trustworthy and form of consultation, geological
is in accordance with fact or actuality investigation involving geologic
[Lucman v. Dimapuro, GR L-31558. May mapping, paleontology, petrology,
29, 1970, citing Webster's 7th New mineralogy or other branches of
Collegiate Dict., p. 59.]. geology. [Sec. 12, 4209].
Genus nunquam peruit. Lat. Generic Geomancy. Divination by lines and

things do not perish. [Claridades, A., figures drawn on the ground. [Morenos
Compilation of Notes, 2001-2006]. Law Dict., 2000 Ed., p. 197].
Geodetic engineer. A natural person Geothermal energy. Energy derived or

who has been issued a Certificate of derivable from and produced within the
Registration by the Board of Geodetic earth by natural heat phenomenon: and
Engineering and has taken the Oath of includes all steam, and water vapor, and
Profession of Geodetic Engineers. [Sec. every mixture of all or any of them that
2, RA 8560]. has been heated by natural
underground energy, and every kind of
Geodetic engineering, practice of. A matter derived from a bore and for the
professional and organized act of time being with or in any such stead,
gathering physical data on the surface water, water vapor, or mixture. [Sec. 2,
of the earth with the use of precision RA 5092].
instruments. It is also the scientific and
methodical processing of these data and GEPS. The Government Electronic
presenting them on graphs, plans, Procurement System as provided in Sec.
maps, charts or documents. [Sec. 2, RA 8 of RA 9184. [Sec. 5, RA 9184].
8560].
Geriatrics. The branch of medical
Geological sciences. That group of science devoted to the study of the
disciplines in the natural sciences biological and physical changes and the
dealing with the earth, its composition, diseases of old age. [Sec. 2, RA 9257].
physics, structure and evolution. It shall
include, among others, the following Gerontophilia. Legal Med. Sexual desire
disciplines: Geochemistry; Petrology; with older persons. [Olarte, Legal Med.,
Mineralogy; Geophysics; Geodynamics; 1st Ed. (2004), p. 114].
Structural Geology; Tectonics;
Geomorphology; Volcanology; Gerrymandering. Pol. Law. The practice
Seismology; Stratigraphy, Paleontology; of creating a legislative district
Historical Geology; Economic Geology; composed only of towns or localities
and such interdisciplinary subjects as where a preferred is expected to win,
Marine Geology, Hydrogeology, and excluding from said district those
Engineering Geology, Petroleum towns and municipalities where a
Geology, Environmental Geology, preferred candidate is not expected to
Mineral Economics, Mining Geology, win. [Suarez, Pol. Law Reviewer, 1st Ed.,
Geomathematics, Geostatistics, 2002, p. 313].
Geobarometry, Geochronology, Nuclear
Geology, Geothermometry, Gestation. 1. The period of development
Astrogeology, Remote Sensing in of the young in viviparous animals, from
Geology and others. [Sec. 2, EO 625 the time of fertilization of the ovum until
(1980)]. birth. [People v. Pamor, GR 108599.

270
Oct. 7, 1994, citing The Sloane-Dorland or at baptism, to distinguish him from

Annotated Medical-Legal Dict., 312 other individuals. It may be freely
(1987 ed.)]. 2. The length of gestation selected by the parents for the child.
in humans is thought to average 266 [Rep. v. Hernandez, GR 117209. Feb. 9,
days from conception, or 280 days (nine 1996]. Compare with Surname or
calendar months) from the first day of family name.
the last menstrual period. [People v.
Pamor, GR 108599. Oct. 7, 1994, citing Giving aid or comfort to the enemy.
Danforth's Obstetrics and Gynecology, An act which strengthens or tends to
161 (6th Ed. 1990)]. strengthen the enemy of the
government in the conduct of war
Gestor. Voluntary manager. [US v. Lim, against the government, or an act which
GR 11841. Mar. 31, 1917]. See weakens or tends to weaken the power
Negotiorum gestor. of the government or the country to
resist or to attack the enemies of the
Gift. A thing or a right to dispose of government or of the country.
gratuitously, or any act or liberality, in [Gregorio, Fund. of Crim. Law Rev.,
favor of another who accepts it, and 1997 9th Ed., p. 33].
shall include a simulated sale or an
ostensibly onerous disposition thereof. It Giving assistance to suicide. Crim.
shall not include an unsolicited gift of Law. The felony committed by any
nominal or insignificant value not given person who shall assist another to
in anticipation of, or in exchange for, a commit suicide or shall lend his
favor from a public official or employee. assistance to another to the extent of
[Sec. 3, RA 6713]. doing the killing himself. [Art. 253,
RPC].
Gift enterprise. It is commonly applied
to a sporting artifice under which goods Giving away. A disposition other than a
are sold for their market value, but by sale. It is, therefore, an act short of a
way of inducement each purchaser is sale which involves no consideration.
given a chance to win a prize [Caltex [People v. Lacerna, GR 109250. Sep. 5,
(Phils.) INC. v. Palomar, GR L-19650. 1997].
Sep. 29, 1966, citing 54 CJS, 850; 34
Am. Jur., 654; Blacks Law Dict., 4th Ed. Glaucoma. A disease characterized by
817]. increased tension or pressure within the
eye and progressive loss of visual field.
Gift "propter nuptias." A gift bestowed Intraocular pressure increases when the
in 1880, when the Civil Code was not patient exerts energy, as in running,
yet in force, is understood to have been reading, climbing stairs, bending over to
made under the provisions of law 9, title pick up an object. It also occurs in
4, of the fifth Partida, which did not relation to emotional upsets. [Morenos
require the form of a public instrument Law Dict., 2000 Ed., p. 198].
except when the gift exceeded 500
maravedises in gold, to which P200, the Global budget. An approach to the
value of land donated, nowhere near purchase of medical services by which
amounts. [Tiamson v. Tiamson, GR health care provider negotiations
9692. Oct. 21, 1915]. concerning the costs of providing a
specific package of medical benefits is
Gimmick. In contemporary lingo, a ploy, based solely on a predetermined and
a trick or a racket. [Morenos Law Dict., fixed budget. [Sec. 1, RA 9241].
2000 Ed., p. 197].
Global competitiveness. The ability to
Give approval. To confirm, ratify, compete in terms of price, quality and
sanction or consent to some act or thing volume of agriculture and fishery
done by another. [Ramos v. CA, GR products relative to those of other
42108. Dec. 29, 1989]. countries. [Sec. 4, RA 8435].
Given name. Also Proper name. That Global mobile personal

which is given to the individual at birth communications by satellite. A

271
satellite system providing defraud, and, generally speaking, means

telecommunications services directly to being faithful to one's duty or obligation.
end-users anywhere in the globe from a It consists of the honest intention to
constellation of satellites. [Sec.3, EO abstain from taking an unconscionable
467, s. 1998]. and unscrupulous advantage of another.
[Filinvest Credit v. CA, GR 115902. Sep.
Global tax model. Imposes uniform 27, 1995]. 2. The reasonable belief that
(usually progressive) taxes on all types the person from whom the possessor
of income. [Intl. Law Dict. & Direct., received the thing was the owner
2004]. thereof, and could transmit his
ownership. [Art. 1127, CC].
Globe doctrine. Labor. The doctrine
enunciated in Globe Machine & Good moral character. Although the
Stamping Co. (3 NLRB 294), and applied term admits of broad dimensions, it has
in Democratic Labor Union v. Cebu been defined as including at least
Stevedoring Co., (L-10321, 28 Feb. common honesty. [Royong v. Oblena,
1958), where bargaining units may be Adm. Case 376, Apr. 30, 1963, 7 SCRA
formed through separation of new units 859; In re Del Rosario, 52 Phil. 399
from existing ones whenever plebiscites (1928)].
had shown the workers' desire to have
their own representatives. [Mechanical Good offices. Intl. Law. A method by
Department Labor Union sa Phil. Natl. which a third party attempts to bring
Railways v. CIR, GR L-28223. Aug. 30, the disputing states together in order
1968]. that they may be able to discuss the
issues in contention. [Cruz, Intl. Law
GOCC. See Government-owned or Reviewer, 1996 Ed., p. 121].
controlled corporation.
Good reasons. Special, important,
Gold refining. The smelting bars, bullion pressing reasons (which) must exist to
and treatment of chemical reagents, justify execution pending appeal. [Roxas
electro refining, to remove other metal v. CA, GR L-56960. Jan. 28, 1988].
contents leaving gold alone. [Sec. 2, RA
4095]. Goods. 1. All items, supplies, materials
and general support services, except
Good conduct time allowance. The consulting services and infrastructure
deductions from the period of sentence projects, which may be needed in the
to which any prisoner in any penal transaction of the public businesses or
institution of good conduct shall be in the pursuit of any government
entitled, viz: (a) during the first two undertaking, project or activity, whether
years of his imprisonment, he shall be in the nature of equipment, furniture,
allowed a deduction of five days for stationery, materials for construction, or
each month of good behavior; (b) personal property of any kind, including
during the third to the fifth year, non-personal or contractual services
inclusive, of his imprisonment, he shall such as the repair and maintenance of
be allowed a deduction of eight days for equipment and furniture, as well as
each month of good behavior; (c) trucking, hauling, janitorial, security,
during the following years until the and related or analogous services, as
tenth year, inclusive, of his well as procurement of materials and
imprisonment, he shall be allowed a supplies provided by the procuring
deduction of ten days for each month of entity or such services. [Sec. 5, RA
good behavior; and (d) during the 9184]. 2. Chattels and personal property
eleventh and successive years of his other than: money, things in action, or
imprisonment, he shall be allowed a things so affixed to land as to become a
deduction of fifteen days for each part thereof. [Sec. 3, PD 115].
month of good behavior. [Art. 97, RPC].
Good seeds. Seeds that are the progeny
Good faith. 1. In common usage, that of certified seeds so handled as to
state of mind denoting honesty of maintain a minimum acceptable level of
purpose, freedom from intention to genetic purity and identity and which is

272
selected at the farm level. [Sec. 4, RA which are necessary to enable men to
7607]. live in a social state, or which are
imposed upon the people forming that
Goodwill. 1. An intangible business asset society by those who possess the power
which includes a cultivated reputation or authority of prescribing them. [US v.
and consequential attraction and Dorr, GR 1051. May 19, 1903]. Compare
confidence of repeat customers and with Administration. 5. Intl. Law. The
connections. [Duhaime's Legal Dict., instrumentality that represents the state
2004]. 2. The advantage or benefit in its dealings with other international
which is acquired by an establishment persons. [Cruz, Intl. Law Reviewer,
beyond the mere value of the capital 1996 Ed., p. 37].
stock, funds or property employed
therein, in consequence of the general Government accounting. It
public patronage and encouragement encompasses the processes of
which it receives from constant or analyzing, recording, classifying,
habitual customers on account of its summarizing and communicating all
local position, or common celebrity, or transactions involving the receipt and
reputation for skill, or necessities, or disposition of government funds and
punctuality, or from other accidental property, and interpreting the results
circumstances or necessities, or even thereof. [Sec. 109, PD 1445].
from ancient partialities or prejudices.
[Bachrach v. Esteva, GR 44510. Dec. 24, Government agency. 1. Any
1938]. See also Business goodwill government entity, office or officer,
and Company goodwill. other than a court, that is vested by law
with quasi-judicial power to resolve or
Gout. A disease characterized by painful adjudicate dispute involving the
inflammation of the joints, in excessive government, its agencies and
amount of uric acid in the blood. Poor instrumentalities, or private persons.
man's gout is caused by hard work, poor [Sec. 3, RA 9285]. 2. Any department,
food and exposure. [Meez v. ECC, GR bureaus or office of the National
L-48488. Apr. 25, 1980, citing The Government, or any of its branches and
Simplified Medical Dict. for Lawyers, p. instrumentalities, or any political
268]. subdivision, as well as any government-
owned or controlled corporation,
Government. 1. The National including its subsidiaries, or other self-
Government, and any of its subdivisions, governing board or commission of the
agencies or instrumentalities, including Government. [Sec. 2, Chap. 1 Subtitle B,
government-owned or -controlled EO 292].
corporations and their subsidiaries. [Sec.
1, RA 7080]. 2. The Executive, the Governmental function. Also
Legislative and the Judicial Branches Constituent function. Pol. Law.
and the Constitutional Commissions and Certain functions and activities, which
shall include all, but shall not be limited can be performed only by the
to, departments, bureaus, offices, Government, and so the State is
boards, commissions, courts, tribunals, immune from tort liability. [Fontanilla v.
councils, authorities, administrations, Maliaman, GR 55963 & 61045. Feb. 27,
centers, institutes, state colleges and 1991]. Compare with Proprietary or
universities, local government units, and Ministrant function.
the armed forces. [Sec. 4, RA 6758]. 3.
The National Government, the local Governmental interest doctrine. Intl.
governments, and all other Law. Doctrine that courts should apply
instrumentalities, agencies or branches the law of the state that has the most
of the Republic of the Philippines interest in determining the outcome of
including government-owned or the dispute. [Intl. Law Dict. & Direct.,
controlled corporations, and their 2004].
subsidiaries. [Sec. 3, RA 6713]. 4. That
institution or aggregate of institutions by Governmental purpose. See Public
which an independent society makes purpose.
and carries out those rules of action

273
Government auditing. The analytical lawful government; and (b), that while it
and systematic examination and exist it must necessarily be obeyed in
verification of financial transactions, civil matters by private citizens who, by
operations, accounts, and reports of any acts of obedience rendered in
government agency for the purpose of submission to such force, do not
determining their accuracy, integrity, become responsible, as wrongdoers, for
and authenticity, and satisfying the those acts, though not warranted by the
requirements of law, rules and laws of the rightful government. [Co
regulations. [Sec. 53, PD 1445]. Cham v. Tan Keh, 75 Phil. 113. Sep. 17,
1945]. See De facto government.
Government Auditing Code of the
Philippines. PD 1445 entitled Government of the Republic of the
Ordaining and instituting a Government Philippines. The corporate
Auditing Code of the Philippines signed governmental entity through which the
into law on June 11, 1978. functions of government are exercised
throughout the Philippines, including,
Government funds. Public moneys of save as the contrary appears from the
every sort and other resources context, the various arms through which
pertaining to any agency of the political authority is made effective in
Government. [Sec. 2, Chap. 1 Subtitle B, the Philippines, whether pertaining to
EO 292]. the autonomous regions, the provincial,
city, municipal or barangay subdivisions
Government gratuitous permit. The or other forms of local government.
gratuitous permit granted by the [Sec. 2, Admin. Code of 1987].
provincial governor to any government
entity or instrumentality to extract sand Government-owned or controlled
and gravel, quarry or loose corporation (GOCC). 1. Corporations
unconsolidated materials needed in the organized as a stock or non-stock
construction of building and/or corporation vested with functions
infrastructure for public use or other relating to public needs, whether
purposes over an area of not more than governmental or proprietary in nature,
two hectares (2 has.) for a period and owned by the Government directly
coterminous with said construction. or through its instrumentalities either
[Sec. 49, RA 7942]. wholly or, where applicable as in the
case of stock corporations, to the extent
Government hospital. A hospital of at least fifty one percent (51%) of its
operated and maintained either partially capital stock. This term shall also
or wholly by the national, provincial, include financial institutions, owned or
municipal or city government or other controlled by the National Government,
political subdivision, or by any but shall exclude acquired asset
department, division, board or other corporations, state universities, and
agency thereof. [Sec. 2, RA 4226]. colleges. [Sec. 2, RA 7656]. 2. A stock
or non-stock corporation whether
Government-in-exile. A government performing government or proprietary
whose chief executive and other functions, which is directly chartered by
principal officials have fled their state in special law or if organized under the
the face of hostile armed forces but general corporation law is owned or
which is recognized as the de jure controlled by the government or
government by at least one other state. subsidiary corporation, to the extent of
Except for the states recognizing it, it is at least a majority of its outstanding
not considered to be a subject of capital stock or of its outstanding voting
international law. [Intl. Law Dict. & stock. [Sec. 2, PD 2029].
Direct., 2004].
Government security. Any security
Government of paramount force. issued or guaranteed as to principal or
Characteristics: (a) that its existence is interest by the Republic of the
maintained by active military power Philippines, or by a person controlled or
within the territories and against the supervised by and acting as an
rightful authority of an established and instrumentality of the Government of

274
the Republic of the Philippines pursuant cause of which is the mere liberality of
to authority granted by the Congress of the benefactor. [Art. 1350, Cc].
the Philippines; or any certificate of
deposit for any of the foregoing. [Sec. Gratuitous donation. An act of liberality
3, RA 2629]. which has no other basis than the desire
to do good thing for the welfare of some
Government Service Insurance persons. [Art. 725, CC].
System. The Government Service
Insurance System created under Gratuitous permit. Permit issued to any
Commonwealth Act No. 186, as individual or entity engaged in
amended. [Sec. 1, RA 9241]. noncommercial scientific, or educational
undertaking to collect wildlife. [Sec. 5,
GPPB. The Government Procurement RA 9147].
Policy Board established in accordance
with Art. X of RA 9184. [Sec. 5, RA Gratuitous title. Also Titulo lucrativo.
9184]. A transmission wherein the recipient
gives nothing in return such as donation
Grade. All classes of positions which, and succession [Cabardo v. Villanueva,
although different with respect to kind 44 Phil. 186, 189-190, citing 6 Manresa,
or subject matter of work, are Codigo Civil, 7th Ed., 1951, p. 360].
sufficiently equivalent as to level of
difficulty and responsibility and level of Gratuity. 1. A mere bounty given by the
qualification requirements of the work to Government in consideration or
warrant the inclusion of such classes of recognition of meritorious services and
positions within one range of basic springs from the appreciation and
compensation. [Sec. 3, PD 985]. graciousness of the Government.
[Ilagan v. Ilaya, GR 33507, Dec. 20,
Graduated tax. See Progressive tax. 1930]. 2. Something given freely, or
without recompense; a gift; something
Grandfather rule. The method by which voluntarily given in return for a favor or
the percentage of Filipino equity in a services; a bounty; a tip. [Pirovano v.
corporation engaged in nationalized De la Rama Steamship Co., 96 Phil.
and/or partly nationalized activities, 357].
provided for under the Constitution and
other nationalization laws, is computed Gratuity pay. It is not intended to pay a
in cases where there are corporate worker for actual services rendered. It is
shareholders. [Claridades, A., a money benefit given to the workers
Compilation of Notes, 2001-2006]. whose purpose is "to reward employees
or laborers, who have rendered
Grant. The action of granting; the thing satisfactory and efficient service to the
granted. Consent, permission. Promise. company. [Plastic Town Center Corp. v.
Admission, acknowledgment. Also, what NLRC, GR 81176. Apr. 19, 1989].
is agreed to, promised, admitted, etc.
[Phil. Apparel Workers Union v. NLRC, Grave abuse of discretion. An act of a
GR L-50320. July 31, 1981, citing Oxford court or tribunal which was performed
English Dict. (Vol. IV)]. in a capricious or whimsical exercise of
judgment which is equivalent to lack of
Granted. Bestowed, allotted. [Phil. jurisdiction. The abuse of discretion
Apparel Workers Union v. NLRC, GR L- must be so patent and gross as to
50320. July 31, 1981, citing Oxford amount to an evasion of positive duty or
English Dict. (Vol. IV)]. to a virtual refusal to perform a duty
enjoined by law, or to act at all in
Grantor. The person who sets up a trust. contemplation of law, as where the
Also referred to as settlor. [Jurists Legal power is exercised in an arbitrary and
Dict., 2004]. despotic manner by reason of passion or
personal hostility. [De Luna v. IAC, 170
Gratuitous contract or contract of SCRA 254 (1989)].
pure beneficence. A contract the

275
Grave coercion. Crim. Law. The felony [Maaliw, Willie Fernando S., CSC Res.
committed by any person who, without 00-1290, June 1, 2000].
authority of law, shall, by means of
violence, prevent another from doing Grave scandal. Crim. Law. The felony
something not prohibited by law, or committed by any person who shall
compel him to do something against his offend against decency or good customs
will, whether it be right or wrong, or for by any highly scandalous conduct not
the purpose of compelling another to expressly falling within any other article
perform any religious act or to prevent of the Rev. Penal Code. [Art. 200, RPC].
him from so doing. [Art. 286, RPC].
Grave threats. Crim. Law. The felony
Grave coercion. Elements: (a) That any committed by any person who shall
person be prevented by another from threaten another with the infliction upon
doing something not prohibited by law, the person, honor or property of the
or compelled to do something against latter or of his family of any wrong
his will, be it right or wrong; (b) that the amounting to a crime, and the offender
prevention or compulsion be effected by shall have made the threat demanding
violence, either by material force or money or imposing any other condition,
such display of it as would produce even though not unlawful, and whether
intimidation and control the will of the or not said offender shall have attained
offended party, and (c) that the person his purpose, or the threat be made in
who restrained the will and liberty of writing or through a middleman, or shall
another had no right to do so, or, in not have been made subject to a
other words, that the restraint was not condition. [Art. 282, RPC].
made under authority of law or in the
exercise of a lawful right [Timoner v. Grave threats. Elements: (a) That the
People, GR L-62050. Nov. 25, 1983, offender threatened another person
citing Aquino, The Rev. Penal Code, with the infliction upon his person of a
Book II, 1976, p. 1392]. wrong; (b) that such wrong amounted
to a crime; and (c) that the threat was
Grave felonies. Those felonies to which not subject to a condition. [Reyes v.
the law attaches the capital punishment People, GR L-21528 & L-21529. Mar. 28,
or penalties which in any of their 1969].
periods are afflictive, in accordance with
Art. 25 of the Rev. Penal Code. [Art. 9, Grazing land. That portion of the public
RPC]. domain which has been set aside, in
view of the suitability of its topography
Grave misconduct. 1. A transgression of and vegetation, for the raising of
some established and definite rule of livestock. [Sec. 3, PD 705].
action, more particularly, unlawful
behavior or grave misconduct by the Grease money. In the vernacular,
public officer. The word "misconduct" Lagay. Money demanded for and
implies a wrongful intention and not a accepted as a form of graft and
mere error of judgment. For serious corruption so common in the application
misconduct to exist, there must be a for licenses and permits from the
reliable evidence that the judicial acts government. [Antonio v.
complained of were corrupt or inspired Sandiganbayan, GR L-57937. Oct. 21,
by an intention to violate the law, or 1988].
were in persistent disregard of well-
known legal rules. [In re: Impeachment Greater weight of evidence. The
of Horrilleno, 43 Phil. 212]. 2. A phrase is synonymous with the term
misconduct warranting removal from Preponderance of evidence.
office of an officer which must have a [Morenos Law Dict., 2000 Ed., p. 201].
direct relation to and be connected with
the performance of official duties, Greenbacks. The term by which the US
amounting either to maladministration dollars are popularly known. [Bank of
or willful, intentional neglect and failure the Phil. Islands v. IAC, GR L-66826.
to discharge the duties of the office. Aug. 19, 1988].

276
Green card. US Resident Alien form paid, including, but not limited to
Registration Card, as commonly referred fees, salaries, wages, commissions, and
to. Morenos Law Dict., 2000 Ed., p. similar items; (b) Gross income derived
201]. from the conduct of trade or business or
the exercise of a profession; (c) Gains
Grego doctrine. Election Law. A possible derived from dealings in property; (d)
exception to the rule (Labo doctrine) Interests; (e) Rents; (f) Royalties; (g)
that a second placer may not be Dividends; (h) Annuities; (i) Prizes and
declared the winning candidate, (which winnings; (j) Pensions; and (k) Partner's
is) predicated on the concurrence of two distributive share from the net income
assumptions, namely: (a) the one who of the general professional partnership.
obtained the highest number of votes is [Sec. 32, NIRC, as amended]. 2. In the
disqualified; and (b) the electorate is case of taxpayers engaged in the sale of
fully aware in fact and in law of a service, it means gross receipts less
candidate's disqualification so as to sales returns, allowances, discounts and
bring such awareness within the realm cost of services. [Sec. 27, NIRC, as
of notoriety but would nonetheless cast amended]. Compare with Net income.
their votes in favor of the ineligible
candidate. [Grego v. Comelec, GR Grossly immoral conduct. A conduct so
125955. June 19, 1997]. Compare with corrupt as to constitute a criminal act or
Labo doctrine. so unprincipled as to be reprehensible to
a high degree. [Reyes v. Wong, 63
Grid. The high voltage backbone system SCRA 667, 673, Jan. 29, 1975]. An act
of interconnected transmission lines, committed under such scandalous or
substations and related facilities. [Sec. revolting circumstances as to shock the
4, RA 9136]. common sense of decency. [Royong v.
Oblena, 7 SCRA 859, 869-870, Apr. 30,
Grid code. The set of rules and 1963].
regulations governing the safe and
reliable operation, maintenance and Gross neglect of duty. Wanton
development of the high voltage negligence and open disregard of ones
backbone transmission system and its duties and functions. [Ventayen,
related facilities. [Sec. 4, RA 9136]. Ferdinand B., Res. 00-1453, June 16,
2000].
Grievance. A complaint filed by an
employee regarding working conditions Gross negligence. 1. It evinces a
to be resolved by procedural machinery thoughtless disregard of consequences
provided in the union contract. An without exerting any effort to avoid
injury, injustice, or wrong which gives them. [Citibank, NA v. Gatchalian, 240
ground for complaint. [Glossary of Legal SCRA 212, 218 (1995)]. 2. The want or
Terms (Pro-Se), 2004]. absence of even slight care or diligence
as to amount to a reckless disregard of
Grievance machinery. A machinery for the safety of person or property.
the adjustment and resolution of [Amedo v. Rio u Olabarrieta, 95 Phil. 33,
grievances arising from the 37 (1954)].
interpretation or implementation of the
collective bargaining agreement and Gross output. The actual market value
those arising from the interpretation or of minerals or mineral products from its
enforcement of company personnel mining area as defined in the National
policies. [Art. 260, LC]. Internal Revenue Code. [Sec. 3, RA
7942].
Gross ignorance. The want or absence
of reasonable care, skill, and knowledge. Gross Philippine Billings. Gross
[Morenos Law Dict., 2000 Ed., p. 201]. revenue whether for passenger, cargo
or mail originating from the Philippines
Gross income. 1. All income derived up to final destination, regardless of the
from whatever source, including (but place of sale or payments of the
not limited to) the following items: (a) passage or freight documents. [Sec. 28,
Compensation for services in whatever NIRC, as amended].

277
agricultural and fisheries sectors. [Sec.

Gross receipts. Taxation. The total 4, RA 8435].
amount of money or its equivalent
representing the contract price, Gross violations of the Collective
compensation, service fee, rental or Bargaining Agreement. See
royalty, including the amount charged Collective Bargaining Agreement,
for materials supplied with the services gross violations of.
and deposits and advanced payments
actually or constructively received Grotius doctrine of immemorial
during the taxable quarter for the prescription. Intl. Law. The doctrine
services performed or to be performed which speaks of uninterrupted
for another person, excluding value- possession of a territory going beyond
added tax. [Sec. 108, NIRC, as memory. [Sandoval, Pol. Law Reviewer
amended]. 2003].
Gross sales or receipts. The total Groundwater. A subsurface water that

amount of money or its equivalent occurs beneath a water table in soils
representing the contract price, and rocks, or in geological formations.
compensation or service fee, including [Sec 4, RA 9275].
the amount charged or materials
supplied with the services and deposits Groundwater vulnerability. Relative
or advance payments actually or ease with which a contaminant located
constructively received during the at or near the land surface can migrate
taxable quarter for the services to the aquifer or deep well. [Sec 4, RA
performed or to be performed for 9275].
another person excluding discounts if
determinable at the time of sales, sales Groundwater vulnerability map. The
return, excise tax, and value-added tax identified areas of the land surface
(VAT). [Sec. 131, RA 7160]. where groundwater quality is most at
risk from human activities and shall
Gross selling price. Taxation. 1. The reflect the different degrees of
total amount of money or its equivalent groundwater vulnerability based on a
which the purchaser pays or is obligated range of soil properties and hydro
to pay to the seller in consideration of geological criteria to serve as guide in
the sale, barter or exchange of the the protection of the groundwater from
goods or properties, excluding the contamination. [Sec 4, RA 9275].
value-added tax. The excise tax, if any,
on such goods or properties shall form Group character loan. A loan
part of the gross selling price. [Sec. 106, contracted by a member and
NIRC, as amended]. 2. The total guaranteed by a group of persons for its
amount of money or its equivalent repayment. The creditor can collect
which the purchaser pays to the vendor from any of the members of the group
to receive or get the goods. [Connell which guaranteed the said loan, without
Bros. Co. v. Collector of Internal prejudice to the right of reimbursement
Revenue, GR L-15470. Dec. 26, 1963]. of the member or members of the group
who had advanced the payment in favor
Gross tonnage. The under-deck of the actual debtor. [Sec. 3, RA 8425].
tonnage, permanently enclosed spaces
above the tonnage deck, except for Grouping of contacts. See Center of
certain exemptions. In broad terms, all gravity doctrine and Most
the vessel's 'closed-in' spaces expressed significant relationship theory.
in volume terms on the bases of one
hundred cubic feet (that equals one Group insurance. Essentially a single
gross ton). [Sec. 4, RA 8550]. insurance contract that provides
coverage for many individuals. In its
Gross value-added. The value, original and most common form, group
excluding the value of non-agricultural insurance provides life or health
or fishery intermediate inputs, of goods insurance coverage for the employees of
and services contributed by the

278
one employer. [Pineda v. CA, GR Guaranty. A promise to answer for the

105562. Sep. 27, 1993]. debt, default, or miscarriage of another
person. A promise to answer for the
Guano permit. The permit granted by payment of some debt or the
the provincial governor to any qualified performance of some obligation, on
person to extract and utilize loose default of such payment of
unconsolidated guano and other organic performance, by a third person who is
fertilizer materials in any portion of a liable or expected to become liable
municipality where he has established therefor in the first instance. [Cacho v.
domicile. The permit shall be for specific Valles, GR 19493. Aug. 27, 1923].
caves and/or for confined sites with
locations verified by the DENR's field Guaranty commission agent. An agent
officer in accordance with existing rules who receives on a sale, in addition to
and regulations. [Sec. 51, RA 7942]. the ordinary commission, another called
a guarantee commission, in which case
Guarantee. 1. An expressed or implied he shall bear the risk of collection and
assurance of the quality of the shall pay the principal the proceeds of
consumer products and services offered the sale on the same terms agreed upon
for sale or length of satisfactory use to with the purchaser. [Art. 1907, CC].
be expected from a product or other
similar specified assurances. [Art. 4, RA Guaranty contract. 1. A contract by
7394]. 2. The commitment given in which a person, called the guarantor,
writing by a service and repair binds himself to the creditor to fulfill the
enterprise undertaking a service or obligation of the principal debtor, in
repair work on a particular appliance or case the latter should fail to do so. [Art.
equipment, that repair enterprise shall 2047, CC]. 2. A collateral undertaking to
undertake a rework of the previous pay the debt of another in case the
service and repair without any obligation latter does not pay the debt. [Zobel v.
from the customer. [Sec. 1, PD 1572]. CA, GR 113931. May 6, 1998, citing
Bouvier's Law Dict., Vol. I, 8th Ed., p.
Guarantee agreement. A contract 1386]. See Suretyship contract.
between the participating financial
institution and OWWA whereby the Guardian. 1. A person appointed to be a
latter pledges to pay a loan obtained by protector of the interests of a minor or
a migrant worker from the former in the other incapacitated person. [Torres,
case the worker defaults. [Sec. 30, IRR, Oblig. & Cont., 2000 Ed., p. 351]. 2. An
RA 8042]. individual who, by legal appointment or
by the effect of a written law, is given
Guaranteed bonds. Corp. Law. Bonds custody of both the property and the
secured or guaranteed by a corporation person of one who is unable to manage
other than the issuing corporation. his own affairs, such as a child or
mentally-disabled person. [Duhaime's
Guaranteed shares. Corp. Law. Those Legal Dict., 2004]. 3. A person
guaranteed by a person, natural or appointed by will or by law to assume
juridical, other than the issuing responsibility for incompetent adults or
corporations. [Diaz, Bus. Law Rev., 1991 minor children. If a parent dies, this will
Ed., p. 269]. usually be the other parent. If both die,
it probably will be a close relative.
Guarantor. 1. The insurer of the [Glossary of Legal Terms (Pro-Se),
solvency of the debtor (who) thus binds 2004].
himself to pay if the principal is unable
to pay. [Machetti v. Hospicio, 43 Phil. Guardian ad litem. See also Ad litem.
297]. 2. A person who pledges collateral 1. A guardian appointed by a court for
for the contract of another, but the purpose of assisting a minor or
separately, as part of an independent other incapacitated person in a suit.
contract with the obligee of the original [Torres, Oblig. & Cont., 2000 Ed., p.
contract. [Duhaime's Legal Dict., 2004]. 351]. 2. A guardian appointed to assist
Compare with Surety. an infant or other mentally incapable
defendant or plaintiff, or any such

279
incapacitated person that may be a

party in a legal action. [Claridades, A.,
Guardianship. 1. A trust relation in

which one person acts for another
whom the law regards as incapable of
managing his own affairs. [Bench Book
for Trial Court Judges, p. 3-2]. 2. Legal
right given to a person to be responsible
for the food, housing, health care, and
other necessities of a person deemed
incapable of providing these necessities
for himself or herself. [Glossary of Legal
-H-
Guidance and counseling. A profession
that involves the use of an integrated H-1 visa. A working visa issued by the
approach to the development of a well- US government. It is non-immigrant
functioning individual primarily by visa. [Morenos Law Dict., 2000 Ed., p.
helping him/her potentials to the fullest 205].
and plan him/her to utilize his/her
potentials to the fullest and plan his/her Habeas corpus. Lat. Have the body. 1. A
future in accordance with his/her court petition which orders that a
abilities, interests and needs. It includes person being detained be produced
functions such as counseling subjects, before a judge for a hearing to decide
particularly subjects given in the whether the detention is lawful.
licensure examinations, and other [Duhaime's Legal Dict., 2004]. 2. The
human development services. [Sec. 3, name of a writ having for its object to
RA 9258]. bring a person before a court. [Jurists
Legal Dict., 2004].
Guidance counselor. A natural person
who has been registered and issued a Habere facias possessionem. Lat. The
valid Certificate of Registration and a process commonly resorted to by the
valid Professional Identification Card by successful party in an action of
the Professional Regulatory Board of ejectment, for the purpose of being
Guidance and Counseling and the placed by the sheriff in the actual
Professional Regulatory Commission possession of the land recovered.
(PRC) in accordance with RA 9258 and [Arcadio v. Ylagan, Adm. Case 2734.
by virtue of specialized training performs July 30, 1986].
for a fee, salary or other forms of
compensation, the functions of guidance Habitacion adicional. Sp. An additional
and counseling under Sec. 3 (a) of said room or annex. [Morenos Law Dict.,
Act. [Sec. 3, RA 9258]. 2000 Ed., p. 205].
Guy. A line from the vise of the vessel, Habitat. Place or environment where
enabling the boom, once released from species or subspecies naturally occur or
the collar, to swing from side to side. has naturally established its population.
The guys hold the boom in the exact [Sec. 5, RA 9147].
position desired while discharging
cargoes. If it is desired to swing the Habitual delinquency. Also Delito de
boom to the right, then the guy on the habito. It is simply a fact or
right should be tightened and at the circumstance which, if present in a
same time easing up the guy to the left. given case with the other circumstances
[Morenos Law Dict., 2000 Ed., p. 204]. enumerated in Rule 5 of Art. 62 of the
Rev. Penal Code, gives rise to the
imposition of the additional penalties
therein prescribed. This is all the more
true because the law itself clearly

280
provides that the habitual delinquent

must be sentenced to the penalty Hacking. Short and interrupted.
provided by law for his last crime in [Morenos Law Dict., 2000 Ed., p. 205].
addition to the additional penalty he
deserves. [People v. De Jesus, GR Half ahead. A maritime maneuver
45198. Oct. 31, 1936]. Also Multi- equivalent to twelve miles per hour.
recidivism. [Morenos Law Dict., 2000 Ed., p. 205].
Habitual delinquent. 1. Sometimes Half-blood relationship. That existing

called a Multi-recidivist. A person between persons who have the same
who, within a period of ten years from father, but not the same mother, or the
the date of his release or last conviction same mother, but not the same father.
of the crimes of serious or less serious [Art. 967, CC].
physical injuries, robo, hurto, estafa, or
falsification, is found guilty of any said Half-mast. Lowering the flag to one-half
crimes a third time or oftener. [Almeda the distance between the top and
v. Villaluz, GR L-31665. Aug. 6, 1975; bottom of the staff. [Sec. 3, RA 8491].
Art. 62, RPC]. 2. Prop. Mgt. A
contractor/supplier who fails to abide by Hallucination. Legal Med. An erroneous
or comply with terms and conditions of perception without an external object or
his contract for two (2) or more times stimulus. [Olarte, Legal Med., 1st Ed.
within a period of one (1) year. [IRR on (2004), p. 146]. Compare with Illusion.
Supply & Prop. Mgt., per Sec. 383,
LGC]. Hambog. Tag. The word means not just
braggart, but proud or arrogant.
Habitual drunkard. One given to [Madrona v. Rosal, GR 39120. Nov. 21,
intoxication by excessive use of 1991].
intoxicating drinks. The habit should be
actual and confirmed. It lessens Hamlet. A small village. [Morenos Law
individual resistance to evil thought and Dict., 2000 Ed., p. 205].
undermines will-power making its victim
a potential evildoer [People v. Camano, Hamletting. Loosely defined, the forced
GR L-36662-63. July 30, 1982, citing clustering into a small village of the
Aquino, Rev. Penal Code, pp. 408-409]. residents of a sitio or barangay to
enable the military to operate effectively
Habituality. See Reiteracion. within the area or vicinity left by the
residents or inhabitants. [Morenos Law
Habitually absent. An officer or Dict., 2000 Ed., p. 205].
employee who incurs unauthorized
absences exceeding the allowable 2.5 Handcarry. A piece of luggage that is not
days monthly leave credit under the checked-in, hence, not given a claim
Leave Law for at least three (3) months tag. It is under the custody and care of
in a semester or at least three (3) the passenger concerned. [Morenos
consecutive months during the year. Law Dict., 2000 Ed., p. 206].
[Sec. 22(q), Rule XIV, Omnibus Rules
Implementing Book V of EO 292]. Handicap. 1. A disadvantage for a given
individual, resulting from an impairment
Habitually tardy. An employee who or a disability, that limits or prevents the
incurs tardiness, regardless of the function or activity, that is considered
number of minutes, ten (10) times a normal given the age and sex of the
month for at least two (2) months in a individual. [Sec. 4, RA 7277]. 2. A
semester or at least two (2) consecutive disadvantage suffered by a person
months during the year. [Sec. 22(q), which makes achievement unusually
Rule XIV, Omnibus Rules Implementing difficult because of some physical
Book V of EO 292]. and/or psycho-social impairment. It also
refers to cumulative effect of obstacles
Habitual mendicant. One who has been which the disadvantage interposes
convicted of mendicancy under PD 1563 between the individual and his
two or more times. [Sec. 3, PD 1563].

281
maximum functional level. [Sec. 11, PD ruling or order or in anything done or

1509]. omitted by the trial court or by any of
the parties which is not deemed to be a
Handicapped workers. Those whose ground for granting a new trial or for
earning capacity is impaired by age or setting aside, modifying, or otherwise
physical or mental deficiency or injury. disturbing a judgment or order, unless
[Art. 78, LC]. refusal to take such action appears to
the court inconsistent with substantial
Handicraft establishment. See justice. Any error or defect which does
Cottage establishment. not affect the substantial rights of the
parties and which the court at every
Handicrafts and shellcrafts. A trade or stage of the proceeding must disregard.
activity in which articles are fashioned [Sec. 6, Rule 51, RoC]. 2. An error
totally or chiefly by hand with manual or committed during a trial that was
artistic skill, using principally indigenous corrected or was not serious enough to
materials. [Sec. 1, PD 1634]. affect the outcome of a trial and
therefore was not sufficiently harmful
Handwriting. The chirography of a (prejudicial) to be reversed on appeal.
person; the cast or form of writing [Glossary of Legal Terms, Pro-Se
peculiar to a person, including the size, Handbook, (Internet)]. See English
shape, and style of letters, tricks of Exchequer Rule.
penmanship, and whatever gives
individuality to his writing, distinguishing Harvested material. Any part of a plant
it from that of other persons. Anything with potential economic value or any
written by hand; an instrument written product made directly therefrom in
by hand of a person, or a specimen of proper case. [Sec 3, RA 9168].
his writing. [Blacks Law Dict., Abr. 5th
Ed. (1983), 365]. Harvesting. The gathering of the crops.
Synonymous with reaping. [Morenos
Harassment. Unsolicited words or Law Dict., 2000 Ed., p. 206].
conduct which tend to annoy, alarm or
abuse another person. [Duhaime's Legal Hauler. Any person, whether natural or
Dict., 2004]. juridical, engaged in the transport,
distribution, hauling, and carriage of
Harbor fee. The amount which the petroleum products, whether in bulk or
owner, agent, operator or master of a packed form, from the oil companies
vessel has to pay for each entrance into and independent marketers to the
or departure from a port of entry in the petroleum dealers and other consumers.
Philippines. [Sec. 2701, RA 1937]. [Sec. 4, RA 8479].
Harbor line. The limiting line beyond Hazardous operation/process. Any act
which no piers, wharves, bulkheads or of manufacturing, fabrication,
other works shall be extended or any conversion, etc., that uses or produces
deposits made. [Sec. 3, RA 4663]. materials which are likely to cause fires
or explosions. [Sec. 3, PD 1185].
Hard surfactants. Surfactants with low
biodegradability rate including chemicals Hazardous substances. Elements or
such as hard or branded alkyl benzene, compounds which when discharged in
hard or branched alkyl benzene any quantity present imminent or
surfactants, hard or branded dodecyl substantial danger to public health and
benzene sulfonates, branched dodecyl welfare. [Sec. 62, PD 1152].
benzene, their sodium or potassium
salts and other technical names Hazardous waste. Any waste or
referring to the same chemical combination of wastes of solid liquid,
compound. [Sec. 2, RA 8970]. contained gaseous, or semi-solid form
which cause, of contribute to, an
Harmless error. 1. Any error in either increase in mortality or an increase in
the admission or the exclusion of serious irreversible, or incapacitating
evidence and any error or defect in any reversible illness, taking into account

282
toxicity of such waste, its persistence treatment of diseases, injuries,

and degradability in nature, its potential deformities, or abnormal physical and
for accumulation or concentration in mental states, maternity cases or
tissue, and other factors that may sanitarial care; or infirmaries, nurseries,
otherwise cause or contribute to dispensaries, rehabilitation centers and
adverse acute or chronic effects on the such other similar names by which they
health of persons or organism. [Sec 4, may be designated; or (b) a health care
RA 9275]. professional, who is any doctor of
medicine, nurse, midwife, dentist, or
Heading. Also Headline or headnote. other health care professional or
A part of the statute of limiting and practitioner duly licensed to practice in
defining the sections to which it refers the Philippines and accredited by the
and should be given effect according to Phil. Health Ins. Corp. (PHIC); or (c) a
its import as though it was in the body health maintenance organization, which
of the act. [Morenos Law Dict., 2000 is entity that provides, offers, or
Ed., p. 206]. arranges for coverage of designated
health services needed by plan
Head of the family. 1. Any person so members for a fixed prepaid premium;
defined in the National Internal Revenue or (d) a community-based health
Code, as amended. [Sec. 2, RA 9257]. organization, which is an association of
2. An unmarried or legally separated indigenous members of the community
man or woman with one or both organized for the purpose of improving
parents, or with one or more brothers or the health status of that community
sisters, or with one or more legitimate, through preventive, promotive and
recognized natural or legally adopted curative health services. [Sec. 1, RA
children living with and dependent upon 9241].
him for their chief support, where such
brothers or sisters or children are not Health care system. Governmental,
more than twenty-one (21) years of non-governmental or private institutions
age, unmarried and not gainfully or organizations engaged, directly or
employed or where such children, indirectly, in health care for mothers,
brothers or sisters, regardless of age are infants and pregnant women; and
incapable of self-support because of nurseries or child care institutions. It
mental or physical defect. [Sec. 35, also includes health workers in private
NIRC, as amended]. practice. For the purpose of this Code,
the health care system does not include
Headworks. The composite parts of the pharmacies or other established sales
irrigation system that divert water from outlets. [Sec.4, EO 51, Oct. 20, 1986].
natural bodies of water such as rivers,
streams, and lakes. [Sec. 4, RA 8435]. Health institutions. 1. Hospitals, health
infirmaries, health centers, lying-in
Healthcare practitioner. Physicians, centers or puericulture centers with
nurses, midwives, nursing aides and obstetrical and pediatric services,
traditional birth attendants. [Sec. 4, RA whether public or private. [Sec. 4, RA
9288]. 9288; Sec. 3, RA 7600].
Health care provider. It refers to: (a) a Health insurance identification (ID)
health care institution , which is duly card. The document issued by the Phil.
licensed and accredited devoted Health Ins. Corp. to members and
primarily to the maintenance and dependents upon their enrollment to
operation of facilities for health serve as the instrument for proper
promotion, prevention, diagnosis, injury, identification, eligibility verification, and
disability, or deformity, drug addiction utilization recording. [Sec. 1, RA 9241].
or in need of obstetrical or other
medical and nursing care. It shall also Health personnel. Professionals and
be construed as any institution, building, workers who manage and/or administer
or place where there are installed beds, the entire operations of health
cribs, or bassinets for twenty-four hour institutions and/or who are involved in
use or longer by patients in the

283
providing maternal and child health what the witness knows himself but of
services. [Sec. 3, RA 7600]. what he has heard from others. [People
v. Manhuyod, GR 124676. May 20,
Health Research and Development 1998, citing Francisco, Evidence 244 (3rd
Act of 1998. RA 8503 entitled An Act Ed., 1996)]. 3. Statements by a witness
providing for the promotion of health who did not see or hear the incident in
research and development, establishing question but heard about it from
for the purpose the National Institutes someone else. Hearsay is usually not
of Health (NIH), defining its objectives, admissible as evidence in court.
powers and functions, and for other [Glossary of Legal Terms (Pro-Se),
purposes enacted on Feb. 13, 1998. 2004]. Compare with Non-hearsay.
Health worker. A person working in a Heart failure. Acute cardio-respiratory

component of such health care system, failure. [De Clemente v. Workmen's
whether professional or non- Compensation Commission, GR L-42087.
professional, including volunteer Apr. 8, 1988].
workers. [Sec.4, EO 51, Oct. 20, 1986].
Heavy durable. Any durable item not
Healthy residual. A sound or slightly portable or too large to be shipped as
injured tree of the commercial species accompanied personal item in the
left after logging. [Sec. 3, PD 705]. course of travel. [Customs Admin. Order
3-95, Dec. 6, 1995].
Hearing. A formal proceeding (generally
less formal than a trial) with definite Heinous. 1. Grievous, odious and hateful.
issues of law or of fact to be heard. [People v. Buyok, GR 109771. Aug. 25,
Hearings are used extensively by 1994]. 2. The etymological root of the
legislative and administrative agencies. word was traced to the Early Spartans'
[Glossary of Legal Terms (Pro-Se), word, "haineus", meaning, hateful and
2004]. abominable, which, in turn, was from
the Greek prefix "haton", denoting acts
Hearing de novo. A full new hearing. so hatefully or shockingly evil. [Justice
[Jurists Legal Dict., 2004]. Also De Kapunans dissenting opinion, People v.
novo hearing. Alicando, 251 SCRA 293 (1995)].
Hearing officers. Officers appointed or Heinous crimes. Crim. Law. 1. Grievous,

designated in the DOLE-Regional Office odious and hateful offenses which, by
and authorized to hear and decide cases reason of their inherent or manifest
under Sec. 2 of RA 6715 and whose wickedness, viciousness, atrocity and
decision is appealable to the NLRC. perversity are repugnant and
[Sec. 1, Rule 1, Book 5, IRR of LC]. outrageous to the common standards
and norms of decency and morality in a
Hearing, right to a. The right of the just, civilized and ordered society. [RA
party interested or affected to present 7659]. 2. A grave felony as defined in
his own case and submit evidence in the Rev. Penal Code, or an offense
support thereof. Not only must the party punishable under special law, committed
be given an opportunity to present his in a manner that is revolting or shocking
case and to adduce evidence tending to to the common sensibilities of man,
establish the rights which he asserts but whether deliberately sought or not, such
the tribunal must consider the evidence as those attended by cruelty, ignominy,
presented. [Ang Tibay v. CIR, GR treachery, and similar circumstances.
46496. Feb. 27, 1940]. [Sec. 4, EO 3 (1992)].
Hearsay evidence. 1. Any evidence, Heir. A person called to the succession

whether oral or documentary, the either by the provision of a will or by
probative value of which is not based on operation of law. [Art. 782, CC].
the personal knowledge of the witness
but on the knowledge of some other Help. In its ordinary connotation, to
person not on the witness stand. [Sec. assist. [Morenos Law Dict., 2000 Ed., p.
36, Rule 13, RoC]. 2. Evidence not of 207].

284
Hematoma. A swelling containing clotted High-end or luxury goods. Goods

blood, usually caused by direct violence. which are not necessary for life
[Morenos Law Dict., 2000 Ed., p. 207]. maintenance and whose demand is
generated in large part by the higher
Hepatoma. See Liver cancer. income groups. Luxury goods shall
include, but are not limited to products
Herbal medicines. Finished, labeled, such as; jewelry, branded or designer
medicinal products that contain as clothing and footwear, wearing apparel,
active ingredient/s aerial or leisure and sporting goods, electronics
underground part/s of plant or other and other personal effects. [Sec. 3, RA
materials or combination thereof, 8762].
whether in the crude state or as plant
preparations. Medicines containing plant Higher Education Modernization Act
material(s) combined with chemically- of 1997. RA 8292 entitled An Act
defined active substances, including providing for the uniform composition
chemically-defined, isolated constituents and powers of the governing boards,
of plants, are not considered to be the manner of appointment and term of
herbal medicines. [Sec. 4, RA 8423]. office of the president of chartered state
universities and colleges, and for other
Herbolario. Tag. 1. Herb healer. [People purposes enacted on June 6, 1997.
v. Mercado, GR L-30298. Mar. 30,
1971]. 2. Quack doctor. [People v. High level employee. One whose
Malate, GR L-40791. Sep. 11, 1982]. 3. functions are normally considered policy
Faith healer. [People v. Oliquino, GR determining, managerial or one whose
94703. May 31, 1993]. duties are highly confidential in nature.
[Arizala v. CA, GR 43633-34. Sep. 14,
Herencia futura. Sp. Future. [Blas v. 1990].
Santos, GR L-14070. Mar. 29, 1961].
Highly technical industries. Trade,
Heritable condition. Any condition that business, enterprise, industry, or other
can result in mental retardation, activity, which is engaged in the
physical deformity or death if left application of advanced technology.
undetected and untreated and which is [Sec. 2, Rule 6, Book 3, IRR of LC].
usually inherited from the genes of
either or both biological parents of the Highly toxic substance. Any substance
newborn. [Sec. 4, RA 9288]. which has any of the following effects:
(a) produces death within fourteen days
Herrera-Veloso Law. RA 6715 which to one-half or more than one-half of a
took effect on March 21, 1989. group of ten or more laboratory white
rats each weighing between Two
Hidden treasure. Any hidden and hundred and three hundred grams, at a
unknown deposit of money, jewelry, or single dose of fifty milligrams or less per
other precious objects, the lawful kilogram of body weight, when orally
ownership of which does not appear. administered; or (b) produces death
[Art. 439, CC]. within fourteen days to one-half or more
of a group of ten or more laboratory
Hierarchy. A group arranged according white rats each weighing between two
to rank or authority. [Intl. Law Dict. & hundred and three hundred grams,
Direct., 2004]. when inhaled continuously for a period
of one hour or less at an atmospheric
Hierarchy of evidentiary values. (a) concentration of two hundred parts per
Proof beyond reasonable doubt at the million by volume or less of gas or vapor
highest level, followed by (b) clear and or two milligrams per liter by volume or
convincing evidence, (c) preponderance less of mist or dust, provided such
of evidence, and (d) substantial concentration is likely to be encountered
evidence, in that order. [Manalo v. by man when the substance is used in
Nieves-Confesor, GR 102358. Nov. 19, any reasonably foreseeable manner, or
1992]. (c) produces death within fourteen days

285
to one-half or more of a group of ten or Hijacker. A person who compels a

more rabbits, when tested in a dosage change in the course or destination of
of two hundred milligrams or less per an aircraft of Philippine registry, or to
kilogram of body weight, or when seize or usurp the control thereof, while
administered through continuous it is in flight (from the moment all its
contact with the bare skin for twenty- external doors are closed following
four hours or less. [Art. 4, RA 7394]. embarkation until any of such doors is
opened for disembarkation), or compels
High-risk behavior. A person's frequent an aircraft of foreign registry to land in
involvement in certain activities which Philippine territory or to seize or usurp
increase the risk of transmitting or the control thereof while it is within the
acquiring HIV. [Sec. 4, RA 8496]. said territory. [Sec. 1, RA 6235].
High seas. Intl. Law. 1. They are also Hijacking. Also Aircraft piracy. The
treated as res communes or res nullius, offense committed by any person who
and thus, are not territory of any shall compel a change in the course or
particular state. The traditional view is destination of an aircraft of Philippine
freedom of the high seas they are registry, or to seize or usurp the control
open and available, without restriction, thereof, while it is in flight (from the
to the use of all states for the purpose moment all its external doors are closed
of navigation, flight over them, laying following embarkation until any of such
submarine cables and pipes, fishing, doors is opened for disembarkation), or
research, mining, etc. [Sandoval, Pol. shall compel an aircraft of foreign
Law Reviewer 2003]. 2. The ocean registry to land in Philippine territory or
areas outside the territorial seas and to seize or usurp the control thereof
maritime zones of coastal states. They while it is within the said territory. [Sec.
are open to use by all states for 1, RA 6235].
peaceful purposes. [Intl. Law Dict. &
Direct., 2004]. Hijo de puta. Sp. Son of a whore. [US v.
Gil, GR 4704. Apr. 26, 1909].
High-value crops (HVC). Crops other
than traditional crops which include, but Hiligaynon. An Austronesian language of
are not limited to: coffee and cacao, the Hiligaynon people (those inhabiting
fruit crops, root crops , vegetable crops, Panay and part of Negros, Philippines)
legumes, pole sitao, spices and related but not mutually intelligible with
condiments, and cutflower and Cebuano and frequently considered a
ornamental foliage plants. [Sec. 4, RA dialect of Bisayan. [Bofill v. CA, GR
7900]. 107930. Oct. 7, 1994, citing Webster's
3rd New Intl. Dict., 1986 Ed., p. 1069].
High-Value Crops Development Act
of 1995. RA 7900 entitled An Act to Hilot. Tag. An unlicensed midwife.
promote the production, processing, [People v. Sendon, GR 101579-82. Dec.
marketing and distribution of high- 15, 1993].
valued crops, providing funds therefor,
and for other purposes enacted on Feb. Hipag. Tag. Sister-in-law. Sometimes
23, 1995. loosely used to refer to a (female)
cousin-in-law. [Claridades, A.,
Highway robbers. See Brigands. Compilation of Notes, 2001-2006].
Compare with Bilas and Bayaw.
Highway robbery or brigandage. The
seizure of any person for ransom, Hire and fire. Labor. The right of an
extortion or other unlawful purposes or employer to dismiss an employee, when
the taking away of property of another the employment is without a definite
by means of violence against or period, at any time, with or without
intimidation of persons nor force upon cause, provided that, if the dismissal is
things or other unlawful means, without cause, the employer gives the
committed by any person on any employee the necessary notice or
Philippine Highway. [Sec. 2, PD 532]. termination pay. [Morenos Law Dict.,
2000 Ed., p. 208].

286
presence of HIV or HIV antibodies in the

Hiring agreement. Labor. An agreement sample being tested. [Sec. 3, RA 8504].
whereby the employer is obliged to hire
only those union members in hiring HIV testing. Any laboratory procedure
agreement. However, it does not done on an individual to determine the
necessarily mean that union members presence or absence of HIV infection.
should maintain their membership as a [Sec. 3, RA 8504].
condition sine qua non for employment.
[Poquiz, Labor Rel. Law, 1999 Ed. p. HIV transmission. The transfer of HIV
157]. from one infected person to an
uninfected individual, most commonly
Hiring hall arrangement. Labor. An through sexual intercourse, blood
arrangement where the employer transfusion, sharing of intravenous
requisitions new employees directly needles and during pregnancy. [Sec. 3,
from the union business agent. [Poquiz, RA 8504].
Labor Rel. Law, 1999 Ed. p. 156, citing
Beal and Wickersham, The Practice of Hoarding. The undue accumulation of a
Collective Bargaining, pp. 242-243]. trader of petroleum and/or products
beyond his or its normal inventory
Historical site. Any place, province, city, levels, and/or unjustified refusal to
town and/or any location and structure dispose of, sell or distribute the same to
which has played a significant and consumers; or the unreasonable
important role in the history of our accumulation by a person other than a
country and nation. Such significance trader of petroleum and/or petroleum
and importance may be cultural, products. [Sec. 2, PD 1865; Sec. 3, BP
political, sociological or historical. [Sec. 33].
3, RA 4846].
Hoax. Something done for deception or
Historic bays. Intl. Law. Bays whose mockery, or trick played off in sport; a
waters are considered internal but which practical joke. [Morenos Law Dict., 2000
should not have that character were it Ed., p. 208].
not for the existence of a historic title.
Examples are the Bay of Cancale in Hodge-podge legislation. Also Log-
France, the Bay of El-Arab in Egypt, and rolling legislation. A mischievous
Hudson Bay in Canada. [Cruz, Intl. Law legislative practice of embracing in one
Reviewer, 1996 Ed., p. 62]. bill several distinct matters, none of
which, perhaps, could singly obtain the
HIV. See Human Immuno-deficiency assent of the legislator, and then
Virus. procuring its passage by a combination
of the minorities in favor of each of the
HIV/AIDS monitoring. The measure into a majority that will adopt
documentation and analysis of the them all. The object of such kind of
number of HIV/AIDS infections and the legislation is to unite the legislators who
pattern of its spread. [Sec. 4, RA 8496]. favor any one of the subjects in support
of the whole act. [Suarez, Stat. Con.,
HIV/AIDS prevention and control. (1993), p. 44, citing Sumulong v.
Measures aimed at protecting non- Comelec, 73 Phil. 283]. Compare with
infected from contracting HIV and One-subject, one-title rule.
minimizing the impact of the condition
of persons living with HIV. [Sec. 4, RA Hoist. The part of the flag nearest the
8496]. staff or the canvass to which the
halyard is attached. [Sec. 3, RA 8491].
HIV-negative. The absence of HIV or
HIV antibodies upon HIV testing. [Sec. Holder. Nego. Inst. 1. The payee or
3, RA 8504]. indorsee of a bill or note who is in
possession of it, or the bearer thereof.
HIV-positive. The presence of HIV [Sec. 191, NIL]. 2. A person who
infection as documented by the acquires an instrument by negotiation.

287
country where his departure will

Holder for value. Nego. Inst. 1. One prejudice, hamper or otherwise obstruct
who must meet all the requirements of the task of the PCGG in the enforcement
a holder in due course under Sec. 52 of of EOs 1 and 2, because such person is
the Nego. Inst. Law except notice of known or suspected to be involved in
want of consideration. [Agbayani, the properties or transactions covered
Comm. Laws of the Phil., 1964, p. 208]. by said EOs. [Kwong v. PCGG, GR
2. If he does not qualify as a holder in 79484. Dec. 7, 1987, PCGG Rules and
due course, then he holds the Regulations dated 11 April 1986].
instrument subject to the same defenses
as if it were non-negotiable. [Sec. 26, Hold-over status. Admin. Law. When a
NIL]. public officer is placed on hold-over
status, it means that his term has
Holder in bad faith. Nego. Inst. A expired or his services terminated but
person who acquires an instrument he should continue holding his office
knowing that it was not properly until his successor is appointed or
negotiated to him. [Intl. Law Dict. & chosen and has qualified. [Blaquera v.
Direct., 2004]. CSC, GR 103121. Sep. 10, 1993].
Holder in due course. Nego. Inst. 1. A Holdup. The act of forcibly stopping and
holder who has taken the instrument robbing. Robbery under threat of
under the following conditions: (a) that violence or an armed robbery. An
it is complete and regular upon its face; assault on a person for the purpose of
(b) that he became the holder of it robbery. [Morenos Law Dict., 2000 Ed.,
before it was overdue, and without p. 208].
notice that it had been previously
dishonored, if such was the fact; (c) Holistic test. The test in determining
That he took it in good faith and for whether colorable imitation exists which
value; (d) that at the time it was mandates that the entirety of the marks
negotiated to him he had no notice of in question must be considered in
any infirmity in the instrument or defect determining confusing similarity. In
in the title of the person negotiating it. determining whether the trademarks are
[Sec. 52, NIL]. 2. A holder who acquires confusingly similar, a comparison of the
a negotiable instrument for value, in words is not the only determinant
good faith, and without notice that it is factor. The trademarks in their entirety
overdue, has been dishonored, or that as they appear in their respective labels
persons required to pay on it have some or hang tags must also be considered in
valid excuse for not doing so. [Intl. Law relation to the goods to which they are
Dict. & Direct., 2004]. attached. The discerning eye of the
observer must focus not only on the
Holder of a receipt. A person who has predominant words but also on the
both actual possession of such receipt other features appearing in both labels
and a right of property therein. [Sec. 58, in order that he may draw his
Act 2137]. conclusion whether one is confusingly
similar to the other. [Emerald Garment
Holding corporation or company. 1. A Mfg. Corp. v. CA, GR 100098. Dec. 29,
corporation (or company) which controls 1995]. Compare with Dominancy test.
another as a subsidiary by the power to
elect management. It holds stocks in Holmes dictum. The power to tax is
other companies for purposes of control not the power to destroy while the
rather than for mere investment. 2. Supreme Court sits. [Claridades, A.,
Corporation (or company) owned by a Compilation of Notes, 2001-2006].
parent or parents to supervise and Compare with Marshall dictum. See
coordinate the operations of subsidiary Power to tax is not the power to
companies. [Intl. Law Dict. & Direct., destroy.
2004]. See Parent corporation.
Holographic will. Succ. 1. A will
Hold-Order. An order to temporarily executed by the testator which must be
prevent a person from leaving the entirely written, dated, and signed by

288
the hand of the testator himself. It is

subject to no other form, and may be Homelot. The contiguous area where the
made in or out of the Philippines, and tenant-farmer beneficiary has
need not be witnessed. [Ajero v. CA, GR established his permanent dwelling with
106720. Sep. 15, 1994; Art. 810, CC]. 2. the consent of the landowner, including
A will written entirely in the testators the areas utilized for raising vegetables,
handwriting and not witnessed. poultry, pigs and other animals or for
[Duhaime's Legal Dict., 2004]. Compare engaging in minor home industries.
with Notarial will. [Morenos Law Dict., 2000 Ed., p. 210].
Holographic will, probate of. Succ. Home solicitation sale. Consumer sales
Issues to be resolved: (a) Whether the or leases which are personally solicited
instrument submitted is, indeed, the by any person or organization by
decedent's last will and testament; (b) telephone, person-to-person contact or
whether said will was executed in by written or printed communication
accordance with the formalities other than general advertising or
prescribed by law; (c) whether the consummated at the buyer's residence
decedent had the necessary or a place of business, at the seller's
testamentary capacity at the time the transient quarters, or away from a
will was executed; and, (d) whether the seller's regular place of business. [Sec.
execution of the will and its signing 4, RA 7394].
were the voluntary acts of the
decedents. [Montanano v. Suesa, 14 Homestead. 1. The home, the house
Phil. 676 (1909)]. and the adjoining land where the head
of the family dwells; the home farm; the
Holy Qur'an. The Muslim Holy Scripture. fixed residence of the head of a family,
[Sulu Islamic Assoc. of Masjid with the land and buildings surrounding
Lambayong v. Malik, AM MTJ-92-691. the main house. [Pea, Phil. Law on
Sep. 10, 1993]. Natural Resources, 1997 Rev. Ed., p. 32,
citing Oliver v. Snowden, 18 Fla. 825, 43
Home care and medical Am. Rep. 338]. 2. An artificial estate in
rehabilitation services. Skilled land, devised to protect the possession
nursing care, which members get in and enjoyment of the owner against the
their homes/clinics for the treatment of claims of his creditors, by withdrawing
an illness or injury that severely affects the property from execution and forced
their activities or daily living. Home care sale, so long as the land is occupied as
and medical rehabilitation services a home. [Pea, Phil. Law on Natural
include hospice or palliative care for Resources, 1997 Rev. Ed., p. 32, citing
people who are terminally ill but does Buckingham v. Buckingham, 8 Mich. 89
not include custodial and non-skilled 45 NW 504]. 3. It is intended to give the
personal care. [Sec. 1, RA 9241]. homesteader every chance to preserve
and keep for himself and his family the
Home consumption value. The price of land that the State had gratuitously
the same, like or similar articles as granted him as reward for his labor in
bought and sold or offered for sale clearing and cultivating it. [Pascua v.
freely in the usual wholesale quantities Talens, 80 Phil. 972].
in the ordinary course of trade, in the
principal markets of the country from Homicidal impulse. Legal Med. An
where exported on the date of irresistible impulse to kill prompted by
exportation to the Philippines. [Sec. 210, an insane delusion either as a necessity
Tariff and Customs Code]. of self-defense or avenging for justice,
or as to the patient himself thinking that
Home consumption value or price. he is the appointed messiah of justice.
The value or price declared in the [Olarte, Legal Med., 1st Ed. (2004), p.
consular, commercial, trade or sales 151].
invoice, certified to as correct under
penalties of perjury by the Philippine Homicide. Crim. Law. 1. The felony
consul at the port of origin if there is committed by any person who, not
any. [Sec. 1, PD 1358]. falling within the provisions of Art. 246,

289
shall kill another without the attendance stored and arranged for fire fighting.
of any of the circumstances enumerated [Sec. 3, PD 1185].
in Art. 248 of the Rev. Penal Code. [Art.
249, RPC]. 2. All occasions where one Hose reel. A cylindrical device turning on
human being, by act or omission, takes an axis around which a fire hose is
away the life of another. [Duhaime's wound and connected. [Sec. 3, PD
Legal Dict., 2004]. 1185].
Homicide. Crim. Law. Elements: (a) That Hospital. 1. A facility devoted primarily to
a person was killed; (b) that the the diagnosis, treatment and care of
accused killed him without any justifying individuals suffering from illness,
circumstance; (c) that the accused had disease, injury or deformity, or in need
the intention to kill, which is presumed; of obstetrical or other medical and
(d) that the killing was not attended by nursing care. It shall also be construed
any of the qualifying circumstances of as any institution, building or place
murder, or by that of parricide or where there are facilities and personnel
infanticide. [People v. Rosales, GR for the continued and prolonged care of
86390. June 30, 1993]. patients. [Sec. 2, RA 8344]. 2. Place
devoted primarily to the maintenance
Homosexuals. Legal Med. Persons and operation of facilities for the
whose sexual desire is toward the same diagnosis, treatment and care of
sex. [Olarte, Legal Med., 1st Ed. (2004), individuals suffering from illness,
p. 113]. disease, injury or deformity, or in need
of obstetrical or other medical and
Honeste vivere. Lat. To live honorably. nursing care. The term shall also be
[In re: Jurado, AM 93-2-037 SC. Apr. 6, construed as any institution, building or
1995]. place where there are installed beds, or
cribs, or bassinets for twenty-four-hour
Honorarium. Something given not as a use or longer by patients in the
matter of obligation but in appreciation treatment of diseases, diseased-
for services rendered. [Santiago v. COA, conditions, injuries, deformities, or
GR 92284. July 12, 1991]. abnormal physical and mental states,
maternity cases, and all institutions such
Hood. A covering usually of cloth or as those for convalescence, senatorial or
leather for the head and neck and sanitarial care, infirmities, nurseries,
sometimes the shoulders that is dispensaries and such other names by
attached to a garment or worn which they may designated. [Sec. 2, RA
separately and is made with a loose of 4226].
close-fitting opening for the face.
[People v. Almenario, GR 66420. Apr. Hospital-based blood bank. A blood
17, 1989, citing Webster's 3rd New Intl. bank which is located within the
Dict., 1971 Ed.]. Compare with Mask. premises of a hospital and which can
perform compatibility testing of blood.
Hooking. An arrastre service which [Sec. 3, RA 7719].
requires one person to perform the
routinary task of attaching the sling Hostile witness. A witness whose
holding the prepared cargo to a hook testimony is not favorable to the party
attached to a cable that would lift such who calls him or her as a witness. A
cargo to the vessel. [Morenos Law hostile witness may be asked leading
Dict., 2000 Ed., p. 211]. questions and may be cross-examined
by the party who calls him or her to the
Horizontal exit. Passageway from one stand. [Glossary of Legal Terms (Pro-
building to another or through or around Se), 2004].
a wall in approximately the same floor
level. [Sec. 3, PD 1185]. Hotel. 1. A building where transient
guests are received and are supplied
Hose box. A box or cabinet where fire with and charged for meals, lodging and
hoses, valves and other equipment are other services. [Sec. 63, PD 856]. 2. Any
house or building or portion thereof in

290
which any person or persons may be

regularly harbored or received as Household. A non-seasonal dwelling
transient or guests. A hotel shall be capable of receiving service safely,
considered as living quarters and shall including apartments and other dwelling
have the privilege to accept any number combinations. [Sec. 3, PD 269].
of guests and to serve food to the
guests therein. [Sec. 1, PD 426]. House sewer. The pipe line conveying
Compare with Motel. sewage from the house or building to
the septic tank or to any point of
Hot pursuit. Intl. Law. The uninterrupted discharge. [Sec. 71, PD 856].
pursuit by a coastal state's warships or
military aircraft of a fleeing foreign ship Housing Loan Condonation Act of
from a coastal state's internal waters, 1998. RA 8501 entitled An Act to
archipelagic waters, territorial sea, rescue the national shelter program of
contiguous zone, exclusive economic the government by condoning the
zone, or continental shelf onto the high penalties on all outstanding/delinquent
seas for the purpose of arresting it. The housing loan accounts with any of the
pursuit must be discontinued if the government institutions and agencies
fleeing ship enters its own or another involved in the national shelter program
state's territorial sea. [Intl. Law Dict. & and by amending Presidential Decree
Direct., 2004]. No. 1752, as amended enacted on Feb.
13, 1998.
Hot pursuit doctrine. Intl. Law. If an
offense is committed by a foreign Human development index (HDI).
merchant vessel within the territorial The measure of how well a country has
waters of the coastal state, its own performed, based on social indicators of
vessels may pursue the offending vessel people's ability to lead a long and
into the open sea and upon capture healthy life, to acquire knowledge and
bring it back to its territory for skills, and to have access to the
punishment. However, to be lawful, the resources needed to afford a decent
pursuit must have begun before the standard of living. This index looks at a
offending vessel has left the territorial minimum of three outcomes of
waters, or the contiguous zone of the development: the state of health
coastal state; the pursuit must be (measured by life expectancy at birth),
continuous and unabated; and it ceases the level of knowledge and skill
as soon as the ship being pursued (measured by a weighted average of
enters the territorial sea of its own, or a adult literacy and enrollment rates), and
third state. [Sandoval, Pol. Law the level of real income per capita,
Reviewer 2003]. adjusted for poverty considerations.
[Sec. 3, RA 8425].
Hours worked. Hours worked shall
include (a) all time during which an Human immunodeficiency virus
employee is required to be on duty or to (HIV). The virus which causes AIDS.
be at a prescribed workplace, and (b) all [Sec. 3, RA 8504].
time during which an employee is
suffered or permitted to work. [Art. 84, Humanitarian doctrine. See Doctrine
LC]. of last clear chance.
Househelper. Synonymous to the Humanitarian intervention. Intl. Law.

Domestic servant. Any person, Doctrine that allows one or more states
whether male or female, who renders to use force to stop another state from
services in and about the employer's mistreating its own nationals when the
home and which services are usually actions of the state are so brutal and
necessary or desirable for the widespread as to shock the conscience
maintenance and enjoyment thereof, of the community of nations. [Intl. Law
and ministers exclusively to the personal Dict. & Direct., 2004].
comfort and enjoyment of the
employer's family. [Apex Mining Co., Humanitarian rules. Rules that provide
Inc. v. NLRC, GR 94951. Apr. 22, 1991]. for the protection of noncombatants and

291
disabled or captured combatants. [Intl. central opening which can be stretched

Law Dict. & Direct., 2004]. sufficiently to admit one examining
finger without tearing. [Olarte, Legal
Human resources development. The Med., 1st Ed. (2004), p. 124].
process by which the actual and
potential labor force is made to Hypergolic fuel. A rocket or liquid
systematically acquire greater propellant which consist of combinations
knowledge, skills or capabilities for the of fuels and oxidizers which ignite
nation's sustained economic and social spontaneously on contact with each
growth. [Sec. 1, Rule 1, Book 2, IRR of other. [Sec. 3, PD 1185].
LC].
Hyperlink. Function of the World Wide
Human rights. 1. The universally Web that allows one Web page to be
accepted traits and attributes of an accessed from another page. When a
individual, along with what is generally person viewing a page with hyperlinks
considered to be his inherent and on a browser points to a hyperlink with
inalienable rights, encompassing almost a mouse, the mouse cursor changes
all aspects of life. [Simon, Jr. v. CHR, from a pointer to a hand. Clicking on the
GR 100150. Jan. 5, 1994]. 2. Basic hyperlink, loads the linked page in the
rights intended to protect all people browser for viewing. [Intl. Law Dict. &
from cruel and inhumane treatment, Direct., 2004].
threats to their lives, and persecution.
[Intl. Law Dict. & Direct., 2004]. Hypochondriasis. Legal Med. A
psychiatric disorder in which a person
Hurto. Sp. Theft. [US v. Montiel, GR L- reports physical symptoms and is
2882. Jan. 2, 1907]. especially preoccupied with the certainty
that these symptoms represent a
Hurto continuado. Sp. Continuing theft. serious disease. [Olarte, Legal Med., 1st
[Morenos Law Dict., 2000 Ed., p. 212]. Ed. (2004), p. 126].
Husbanding agent. The general agent Hypothetical question. An imaginary

of the owner in relation to the ship, with situation, incorporating facts previously
powers, among others, to engage the admitted into evidence, upon which an
vessel for general freight and the usual expert witness is permitted to give an
conditions, and settle for freight and opinion as to a condition resulting from
adjust averages with the merchant [CIR the situation. [Jurists Legal Dict., 2004].
v. United States Line Co., GR L-16850.
May 30, 1962, citing Bouvier's Law Dict.,
p. 3064].
Hydrochloride. A compound of
hydrochloric acid used with the names
of organic bases for convenience in
naming salts, and to distinguish it from
chloride which is a compound of
chlorine with another element or radical.
[People v. Angeles, GR 92850. June 15,
1992, citing Webster's 3rd New Intl. Dict.
(1986), 1108].
Hydroelectric power. The electric

power produced by utilizing the kinetic
energy of falling or running water to
turn a turbine generator. [Sec. 4, RA
7156].
Hymen. Legal Med. A thin vascular fold

of mucous membrane which varies in
shape and thickness and presents a

292
IATA. International Air Transport

Association.
Ibi quid generaliter conceditur; inest

haec exceptio, si non aliquid sit
contra jus fasque. Lat. Where
anything is granted generally, this
exception is implied; that nothing shall
be contrary to law and right. [Prov. of
Cebu v. IAC, GR 72841. Jan. 29, 1987].
Ideal plurality. Also Concurso ideal.

This occurs when a single act gives rise
to various infractions of law. This is
illustrated by the very article under
consideration: (a) when a single act
constitutes two or more grave or less
grave felonies (described as Delito
compuesto or Compound crime); and
(b) when an offense is a necessary
means for committing another offense
(described as Delito complejo or
Complex proper). [Gamboa v. CA, GR L-
41054. Nov. 28, 1975, citing The Rev.
Penal Code, Aquino, Vol. I 1961 ed., at
555-56].
Idem sonans rule. Elec. Law. An

election rule which provides that a name
or surname incorrectly written which,
when read, has a sound similar to that
name or surname of a candidate when
correctly written shall be counted in his
favor. [Lontoc v. Pineda, GR L-37106.
June 30, 1975].
Identification. Evid. Showing of proof

that the document being presented is
the same one referred to by the witness
in his testimony. [Claridades, A.,
Identification of documentary
evidence. Evid. Identification done in
the course of the trial and accompanied
by the marking of the evidence as an
exhibit. [Interpacific Transit v. Aviles,
GR 86062. June 6, 1990]. Compare with
Formal offer of documentary
evidence as an exhibit.
Identity of offenses. There is identity

between the two offenses when the
evidence to support a conviction for one
-I- offense would be sufficient to warrant a

conviction for the other, or when the
second offense is exactly the same as
IAC. Intermediate Appellate Court. the first, or when the second offense is
an attempt to commit or a frustration of,

293
or when it necessarily includes or is Rev. Penal Code pertaining to the moral

necessarily included in, the offense order which adds disgrace and obloquy
charged in the first information. to the material injury caused by a crime.
[Teehankee, Jr. v. Madayag, GR [US v. Abaigar, 2 Phil. 417 (1903)].
103102. Mar. 6, 1992].
Ignorance. The want or absence of
Identity of parties. This requirement is knowledge. [Blacks Law Dict., Abr. 5th
satisfied if the two actions are Ed. (1983), 379].
substantially between the same parties
which means that the parties in both Ignorance of fact. Want of knowledge
cases need not be physically identical of some fact or facts constituting or
provided that there is privity between relating to the subject matter at hand.
the parties or their successors in interest [Blacks Law Dict., Abr. 5th Ed. (1983),
by title subsequent to the 379-380].
commencement of the previous cause of
action, litigating for the same thing, Ignorance of the law. Want of
title, or capacity. [Santos v. Gabriel, 45 knowledge or acquaintance with the
SCRA 288; 295 (1972); 2 Martin, Rules laws of the land insofar as they apply to
of Court, 1973 Ed., p. 4233]. the act, relation, duty, or matter under
consideration. [Blacks Law Dict., Abr.
Idle land. Also Abandoned land. Any 5th Ed. (1983), 379].
agricultural land not cultivated, tilled or
developed to produce any crop nor Ignorant. Unaware or uninformed.
devoted to any specific economic [Claridades, A., Compilation of Notes,
purpose continuously for a period of 2001-2006].
three (3) years immediately prior to the
receipt of notice of acquisition by the Ignorantia facti excusat, ignorantia
government as provided under RA 6657, juris non excusat. Lat. Ignorance of
but does not include land that has fact excuses, ignorance of the law does
become permanently or regularly not excuse. [Morenos Law Dict., 2000
devoted to non-agricultural purposes. It Ed., p. 214].
does not include land which has become
unproductive by reason of force majeure Ignorantia juris quod quisque scire
or any other fortuitous event, provided tenetur non excusat. Lat. Ignorance
that prior to such event, such land was of the law excuses no one. [Aurillo v.
previously used for agricultural or other Francisco, 235 SCRA 283, 289, Aug. 12,
economic purpose. [Sec. 3, RA 6657]. 1994].
Idle lands. 1. Non-agricultural lands Ignorantia legis neminem excusat.

urban and urbanized areas on which no Lat. Ignorance of the law excuses no
improvements, as herein defined, have one from compliance therewith. [Art. 3,
been made by the owner, as certified by CC].
the city, municipal or provincial
assessor. [Sec. 3, RA 7279]. 2. Lands Ihram. The state of ritual consecration of
not devoted directly to any crop or to a person while on pilgrimage to Mecca.
any definite economic purpose for at [Art. 7, PD 1083].
least one year prior to the notice of
expropriation except for reasons other Illegal assemblies. Crim. Law. The
than force majeure or any other felony committed by the organizers or
fortuitous event but used to be devoted leaders of any meeting attended by
or is suitable to such crop or is armed persons for the purpose of
contiguous to land devoted directly to committing any of the crimes punishable
any crop and does not include land under the REV. PENAL CODE, or of any
devoted permanently or regularly to meeting in which the audience is incited
other essential and more productive to the commission of the crime of
purpose. [Sec. 166, RA 3844]. treason, rebellion or insurrection,
sedition or assault upon a person in
Ignominy. Crim. Law. An aggravating authority or his agents. [Art. 146, RPC,
circumstance under Art. 14 (17) of the as reinstated by EO 187].

294
circumstances is present: (1) that the

Illegal associations. Crim. Law. The kidnapping or detention last for more
felony committed by the founders, than 5 days; or (2) that it is committed
directors, and presidents of associations simulating public authority; or (3) that
totally or partially organized for the any serious physical injuries are inflicted
purpose of committing any of the crimes upon the person kidnapped or detained
punishable under the Rev. Penal Code or threats to kill him are made; or (4)
or for some purpose contrary to public that the person kidnapped or detained is
morals. [Art. 147, RPC, as reinstated by a minor, female, or a public officer.
EO 187]. [People v. Mercado, GR L-65152. Aug.
30, 1984, citing Reyes, Rev. Penal Code
Illegal betting on horse race. Crim. (1975) Rev. Ed., Book II, p. 468].
person who, except during the period Illegal fishing. The act of catching,
allowed by law, shall be on horse races, taking or gathering, or causing to be
or by any person who, under the same caught, taken or gathered fish or
circumstances, shall maintain or employ fishery/aquatic products in Philippine
a totalizer or other device or scheme for waters with the use of explosives,
betting on horse races or realizing any obnoxious or poisonous substance, or
profit therefrom. [Art. 198, RPC]. by the use of electricity. [Sec. 33, PD
704, as amended by PD 1058].
Illegal cockfighting. Crim. Law. The
felony committed by: 1. any person who Illegal numbers game. Any form illegal
directly or indirectly participates in gambling activity which uses numbers or
cockfights, by betting money or other combinations thereof as factors in giving
valuable things, or who organizes out jackpots. [Sec. 2, RA 9287].
cockfights at which bets are made, on a
day other than those permitted by law; Illegal possession and use of false
or 2. any person who directly or treasury or bank notes and other
indirectly participates in cockfights, at a instruments of credit. Crim. Law. The
place other than a licensed cockpit. [Art. felony committed by any person who
199, RPC]. shall knowingly use or have in his
possession, with intent to use any of the
Illegal detainer. It consists in false or falsified instruments referred to
withholding by a person from another of in this Sec. 2, Chap. 1, Title 4 of the
the possession of a land or building to Rev. Penal Code, shall suffer the penalty
which the latter is entitled after the next lower in degree than that
expiration or termination of the former's prescribed in said articles. [Art. 168,
right to hold possession by virtue of a RPC].
contract, express or implied. [De Leon v.
CA, GR 96107. June 19, 1995]. Also Illegal possession and use of false
known as Unlawful detainer. treasury or bank notes and other
instruments of credit. Crim. Law.
Illegal detention. The deprivation by a Elements: (a) Possession with guilty
private person of the liberty of another knowledge that the checks were falsified
without any legal ground. [Gregorio, (animus possidendi); and (b) fraudulent
Fund. of Crim. Law Rev., 1997 9th Ed., intent to use or utter the same. [Reyes
p. 323]. Compare with Arbitrary v. CA, GR 36391-92. Mar. 9, 1989, citing
detention. Art. 168, RPC].
Illegal detention. Elements, as defined Illegal possession of firearms. Crim.

in Art. 267 of the Rev. Penal Code: (a) Law. Elements: (a) the existence of the
That the offender is a private individual; subject firearm and (b) the fact that the
(b) that he kidnaps or detains another, accused who owned or possessed it
or in any other manner deprives the does not have the corresponding license
latter of his liberty; (c) that the act of or permit to possess the same. [People
detention or kidnapping must be illegal; v. Solayao, GR 119220, Sep. 20, 1996].
and (d) in the commission of the
offense, any of the following

295
Illegal possession of opium pipe or placement of workers as defined in Art.

other paraphernalia for the use of 13(b) of the Labor Code or in any
any prohibited drug. Crim. Law. The prohibited activities under Art. 34 of the
felony committed by any person who, same Code; (b) that the offender does
not being authorized by law, shall not have a license or authority to recruit
possess any opium pipe or other and deploy workers, either locally or
paraphernalia for smoking, injecting, overseas; and (c) that the offender
administering or using opium or any commits the same against three (3) or
prohibited drug. [Art. 193, RPC]. more persons, individually or as a
group. [People v. Bautista, GR 113547,
Illegal possession of prohibited Feb. 9, 1995, 241 SCRA 216; People v.
drugs. Crim. Law. Elements: (a) The Coronacion, GR 97845, Sep. 29, 1994,
occupancy or taking of prohibited drugs; 237 SCRA 227].
and (b) the intent to possess the same.
[Morenos Law Dict., 2000 Ed., p. 215]. Illegal sale of dangerous drugs.
Elements: (a) Identity of the buyer and
Illegal possession of prohibited the seller, the object, and consideration;
drugs. Crim. Law. Requisites: (a) The and (b) the delivery of the thing sold
accused was found in possession of a and the payment therefor. [People v.
prohibited drug; and (b) he was not Zervoulakos, GR 103975. Feb. 23,
authorized by law to possess the same. 1995].
Illegal sale of drug. A crime committed
Illegal recruitment. Any recruitment as soon as the sale transaction is
activities, including the prohibited consummated, whether payment
practices enumerated under Art. 34 of precedes or follows delivery of the drug
the Labor Code, to be undertaken by sold. [People v. Ponsica, GR 108176.
non-licensees or non-holders of Feb. 14, 1994].
authority. [Art. 38, LC].
Illegal sale of marijuana. Elements:
Illegal recruitment. Elements: (a) The (a) the identity of the buyer and the
person charged with the crime must seller, the object, and consideration;
have undertaken recruitment activities and (b) the delivery of the thing sold
(or any of the activities enumerated in and the payment therefor. [People v.
Art. 34 of the Labor Code, as amended); Esguerra, 221 SCRA 261 (1993); People
and (b) said person does not have a v. Rumeral, 200 SCRA 194 (1991)].
license or authority to do so. [People v.
Cabacang, GR 113917. July 17, 1995]. Illegal trading in petroleum and/or
petroleum products. The sale or
Illegal recruitment by a syndicate. distribution of petroleum products for
Recruitment unlawfully carried out by a profit without license or authority from
group of three (3) or more persons the Government; non-issuance of
conspiring and/or confederating with receipts by licensed traders;
one another in carrying out any unlawful misrepresentation as to quality and/or
or illegal transaction, enterprise or quantity; and sale by oil companies,
scheme defined under the Labor Code. distributors and/or dealers violative of
[People v. Taguba, GR 95207-17. Jan. government rules and regulations. [Sec.
10, 1994, citing PD 2018]. 3, BP 33].
Illegal recruitment in large scale. Illegal trafficking. The illegal

Recruitment unlawfully committed cultivation, culture, delivery,
against three (3) or more persons administration, dispensation,
individually or as a group. [People v. manufacture, sale, trading,
Taguba, GR 95207-17. Jan. 10, 1994, transportation, distribution, importation,
citing PD 2018]. exportation and possession of any
dangerous drug and/or controlled
Illegal recruitment in large scale. precursor and essential chemical. [Sec
Elements: (a) That the offender 3, RA 9165].
engages in the recruitment and

296
Illegal use of public funds or possession of any person acquired by

property. Crim. Law. The felony him directly or indirectly through
committed by any public officer who dummies, nominees, agents,
shall apply any public fund or property subordinates and/or business associates
under his administration to any public by any combination or series of the
use other than for which such fund or following means or similar schemes: (a)
property were appropriated by law or through misappropriation, conversion,
ordinance. [Art. 220, RPC]. misuse, or malversation of public funds
or raids on the public treasury; (b) by
Illegal use of uniforms or insignia. receiving, directly or indirectly, any
Crim. Law. The felony committed by any commission, gift, share, percentage,
person who shall publicly and kickbacks or any other form of
improperly make use of insignia, pecuniary benefit from any person
uniforms or dress pertaining to an office and/or entity in connection with any
not held by such person or to a class of government contract or project or by
persons of which he is not a member. reason of the office or position of the
[Art. 179, RPC]. public officer concerned; (c) by the
illegal or fraudulent conveyance or
Illegitimate children. 1. Children disposition of assets belonging to the
conceived and born outside a valid National Government or any of its
marriage, unless otherwise provided in subdivisions, agencies or
the Family Code. [Art. 165, FC]. 2. instrumentalities or government-owned
Children born of void marriages under or -controlled corporations and their
Arts. 35, 37 and 38 of the Family Code. subsidiaries; (d) by obtaining, receiving
[Jurado, Civil Law Reviewer, 19th Ed. or accepting directly or indirectly any
(1999), p. 197]. Compare with shares of stock, equity or any other
Legitimate children. form of interest or participation
including promise of future employment
Ill-gotten. Acquired through or as a in any business enterprise or
result of improper or illegal use of or the undertaking; (e) by establishing
conversion of funds belonging to the agricultural, industrial or commercial
Government or any of its branches, monopolies or other combinations
instrumentalities, enterprises, banks or and/or implementation of decrees and
financial institutions, or by taking undue orders intended to benefit particular
advantage of official position, authority, persons or special interests; or (f) by
relationship, connection or influence, taking undue advantage of official
resulting in unjust enrichment of the position, authority, relationship,
ostensible owner and grave damage and connection or influence to unjustly
prejudice to the State. [Bataan Shipyard enrich himself or themselves at the
Engg. Co. Inc. v. PCGG, GR 75885. May expense and to the damage and
27, 1987]. prejudice of the Filipino people and the
Republic of the Philippines. [Sec. 1, RA
Ill-gotten property. Property acquired 7080].
through or as a result of improper or
illegal use of or the conversion of funds Illiteracy. Lack of instruction and low
belonging to the Government or any of intelligence. [Suarez, Intro. to Law,
its branches, instrumentalities, 1995 3rd Ed., p. 193].
enterprises, banks or financial
institutions, or by taking undue Illusion. Legal Med. A false interpretation
advantage of official position, authority, of an external stimulus. [Olarte, Legal
relationship, connection or influence, Med., 1st Ed. (2004), p. 146]. Compare
resulting in unjust enrichment of the with Hallucination.
ostensible owner and grave damage and
prejudice to the State. [Bataan Shipyard Imam. See Mohammedan Imam.
Engg. Co. Inc. v. PCGG, GR 75885. May
27, 1987]. Imbecile. A mentally defective person of
the second lowest order of intellectual
Ill-gotten wealth. Any asset, property, potential (mental age between 3 and 7
business enterprise or material years), usually requiring custodial and

297
complete protective care. [People v. 76053. Oct. 27, 1987, citing Webster's
Race, GR 93143. Aug. 4, 1992, citing 3rd New Intl. Dict.].
Miller & Keane, Encyc. & Dict. of
Medicine & Nursing, 1972, p. 470]. Immediate members of family of the
lessee or lessor. For purposes of
Imbecility. A form of mental disease repossessing the leased promises, the
consisting in mental deficiency either spouse, direct descendants or
congenital or resulting from an obstacle ascendants, by consanguinity or affinity,
to the development of the faculties of the lessee or lessor. [Sec.4, RA
supervening in infancy. [People v. Race, 9161].
GR 93143. Aug. 4, 1992].
Immediate provocation. Absence of
Immaterial. Not material, essential, or interval of time between the provocation
necessary; not important or pertinent; and the commission of the crime.
not decisive; of no substantial [Morenos Law Dict., 2000 Ed., p. 217].
consequence; without weight; of no
material significance. [Blacks Law Dict., Immediate supervisor. One who
Abr. 5th Ed. (1983), 381]. occupies the first level of supervision
over a subordinate and who assigns,
Immaterial evidence. Evidence which directs, supervises and reviews the work
lacks probative weight and is unlikely to of the latter. [Sec. 3, PD 985].
influence the tribunal in resolving the
issue before it. Such evidence is Immediate vindication of a grave
commonly objected to by opposing offense. An act committed in the
counsel, and disallowed by the court. immediate vindication of a grave offense
[Blacks Law Dict., Abr. 5th Ed. (1983), to the one committing the felony
381]. (delito), his spouse, ascendants,
descendants, legitimate, natural, or
Immaterial fact. An offered evidential adopted brothers or sisters, or relatives
fact which is excluded by some rules of by affinity within the same degree.
evidence, no matter what the rule. [People v. Capalac, GR L-38297. Oct.
[Francisco, Evidence, Vol. VII, Part 1, 23, 1982, citing Art. RPC].
1997 Ed., p. 7].
Immemorial. Beyond the reach of
Immediate accountability. The memory, beyond human memory, or
accountability of a person in possession time out of mind. [Dir. of Lands v.
of or having custody of supplies or Buyco, GR 91189. Nov. 27, 1992].
property. [IRR on Supply & Prop. Mgt.,
per Sec. 383, LGC]. Immemorial possession. It means
possession of which no man living has
Immediate cause. The cause of seen the beginning, and the existence of
consideration nearest to the time and which he has learned from his elders.
place of injury. [Morenos Law Dict., [Susi v. Razon, 48 Phil. 424 (1925),
2000 Ed., p. 217]. citing Art. 766 of the Civil Code of
Louisiana].
Immediate container. The container or
package which is immediately after or Immigrant. 1. Any alien departing from
near the substance but does not include any place outside the Philippines
package liners. [Art. 4, RA 7394]. destined for the Philippines, other than
a nonimmigrant. [Sec. 50 (j), CA 613].
Immediate farm household. The 2. An alien who comes to this country
members of the family of the lessee or either to reside permanently or for a
lessor and other persons who are limited duration. [Chang Yung Fa v.
dependent upon him for support and Gianzon, GR L-7785. Nov. 25, 1955].
who usually help him in his activities.
[Sec. 166, RA 3844]. Immigrants. 1. A person who moves
into a country for the purpose of
Immediately. Without interval of time; permanent residence. [Cascante v.
without delay. [Juan v. Musgi, GR L- Comelec, GR 88831. Nov. 8, 1990]. 2.

298
Persons who come into a foreign Immovable. Property. Object which can
country or region to live. [Glossary of be moved from place to place without
Legal Terms (Pro-Se), 2004]. injury. [Tolentino, Civil Code of the Phil.,
Vol. II, Repr. 2001, p. 12].
Immigration. 1. The removing into one
place from another; the act of Immovable property. The following are
immigrating, the entering into a country immovable property: (a) Land,
with the intention of residing in it. buildings, roads and constructions of all
[Cascante v. Comelec, GR 88831. Nov. kinds adhered to the soil; (b) trees,
8, 1990]. 2. The entry of foreign plants, and growing fruits, while they
persons into a country to live are attached to the land or form an
permanently. [Glossary of Legal Terms integral part of an immovable; (c)
(Pro-Se), 2004]. everything attached to an immovable in
a fixed manner, in such a way that it
Imminently hazardous product. A cannot be separated therefrom without
consumer product which presents an breaking the material or deterioration of
unreasonable risk of death, serious the object; (d) statues, reliefs, paintings
illness or severe personal injury. [Art. 4, or other objects for use or
RA 7394]. ornamentation, placed in buildings or on
lands by the owner of the immovable in
Imminent unlawful aggression. Crim. such a manner that it reveals the
Law. An attack that is impending or at intention to attach them permanently to
the point of happening. It must not the tenements; (e) machinery,
consist in mere threatening attitude nor receptacles, instruments or implements
must it be merely imaginary. The intended by the owner of the tenement
intimidating attitude must be offensive for an industry or works which may be
and positively strong, for example, carried on in a building or on a piece of
aiming a revolver at another with intent land, and which tend directly to meet
to shoot him, or opening a knife and the needs of the said industry or works;
making a motion as if to attack. (f) animal houses, pigeon-houses,
[Morenos Law Dict., 2000 Ed., p. 218]. beehives, fish ponds or breeding places
of similar nature, in case their owner
Immoral conduct. That conduct which has placed them or preserves them with
is so willful, flagrant, or shameless as to the intention to have them permanently
show indifference to the opinion of good attached to the land, and forming a
and respectable members of the permanent part of it; the animals in
community. [Phil. Law Dict., 3rd Ed., p. these places are included; (g) fertilizer
447, citing Arciga v. Maniwang, 106 actually used on a piece of land; (h)
SCRA 594, Aug. 14, 1981]. mines, quarries, and slag dumps, while
the matter thereof forms part of the
Immoral doctrines. Crim. Law. The bed, and waters either running or
felony committed by those who shall stagnant; (i) docks and structures
publicly expound or proclaim doctrines which, though floating, are intended by
openly contrary to public morals. [Art. their nature and object to remain at a
201, RPC]. fixed place on a river, lake, or coast; (j)
contracts for public works, and
Immorality. Conduct inconsistent with servitudes and other real rights over
rectitude, or indicative of corruption, immovable property. [Art. 415, CC].
indecency, depravity, and dissoluteness;
or is willful, flagrant, or shameless Immovables by analogy or law.
conduct showing moral indifference to Property. Those mentioned in par. 10,
opinions of respectable members of the of Art. 415 of the Civil Code, viz:
community, and as an inconsiderate contracts for public works, and
attitude toward good order and public servitudes and other real rights over
welfare. [Alfonso v. Juanson, AM RTJ- immovable property. [Tolentino, Civil
92-904. Dec. 7, 1993, citing Black's Law Code of the Phil., Vol. II, Repr. 2001, p.
Dict., 6th Ed., 1990, 751]. 13].

299
Immovables by destination. Property. main role of courts of justice, which is to

Those which are essentially movables, assist in the enforcement of the rule of
but by the purpose for which they have law and the maintenance of peace and
been placed in an immovable, partake order by settling justiciable
of the nature of the latter because of controversies with finality. [Javier v. CA,
the added utility derived therefrom, GR 100777. July 21, 1993]. 2. The
such as those mentioned in pars. 4, 5, absolute rule that after a judgment
6, 7, and 9 of Art. 415 of the Civil Code. becomes final, by the expiration of the
[Tolentino, Civil Code of the Phil., Vol. period provided by the rules within
II, Repr. 2001, p. 13]. which it so becomes, no further
amendment or correction can be made
Immovables by incorporation. by the court except for clerical errors or
Property. Those which are essentially mistakes. [Marasigan v. Ronquillo, GR L-
movables, but are attached to an 5810, Jan. 18, 1954, 94 Phil 237].
immovable in such manner as to be an
integral part thereof, such as the things Immutability of status doctrine. The
(except lands, buildings, and roads) theory that the status of a child, i.e., his
mentioned in pars. 1, 2, 3, 4 and 6 of legitimacy, etc. is not affected by any
Art. 415 of the Civil Code. [Tolentino, subsequent change in the nationality of
Civil Code of the Phil., Vol. II, Repr. the parents. However, the national law
2001, p. 13]. of the parents will be changed should
they effect a change of nationality: the
Immovables by nature. Property. rights and obligations of parents and
Those which cannot be moved from child will now be determined by the new
place to place, such as land, mentioned national law. [Paras, Phil. Conflict of
in par. 1, and mines, quarries, and slag Laws, 8th Ed. (1996), p. 306].
dumps, mentioned in par. 8 of Art. 415
of the Civil Code. [Tolentino, Civil Code Impact of taxation. That point on which
of the Phil., Vol. II, Repr. 2001, p. 13]. a tax is originally imposed. [De Leon,
Fundamentals of Taxation, 2000 Ed., p.
Immunity. 1. An exemption that a 53].
person (individual or corporate) enjoys
from the normal operation of the law Impairment. Any loss, diminution or
such as a legal duty or liability, either aberration of psychological,
criminal or civil. [Duhaime's Legal Dict., physiological, or anatomical structure or
2004]. 2. Grant by the court, which function. [Sec. 4, RA 7277].
assures someone will not face
prosecution in return for providing Impairment of obligation of contract.
criminal evidence. [Glossary of Legal 1. This occurs when the terms or
Terms (Pro-Se), 2004]. conditions of a contract are changed by
law or by a party without the consent of
Immunity of state from suit. One of the other, thereby weakening the
the universally recognized principles in position or rights of the latter. [De Leon,
international law which is commonly Fundamentals of Taxation, 2000 Ed., p.
understood as an exemption of the state 35, citing Edwards v. Kearney, 96 US
and its organs from the judicial 607]. 2. In general, any enactment of a
jurisdiction of another state. [Jusmag v. legislative character which attempts to
NLRC, GR 108813. Dec. 15, 1994, citing take from a party a right to which he is
Henkin, Pugh, Schachter, Smit, Intl. entitled by its terms, or which deprives
Law, Cases and Materials, 2nd Ed., p. him of the means of enforcing such a
898]. right. But it may be said in general that
a law which does not strike at the
Immutability of a final and executory vitality of a contract either by altering its
judgment rule. 1. A rule that after terms or preventing its preservation and
judgment has become final, no additions enforcement does not impair its
can be made thereto, and nothing can obligation. [Govt. of the Phil. V. Visayan
be done therewith except its execution; Surety, GR 46193. Oct. 10, 1938, citing
otherwise, there would be no end to 12 CJ, 1056].
litigations, thus setting at naught the

300
Impasse. Within the meaning of the without intimating to the seller that he
labor laws, the word presupposes has rejected them. [Art. 1585, CC].
reasonable effort at good faith
bargaining which, despite noble Implied acceptance of services. The
intentions, does not conclude in acceptance by a person of services
agreement between the parties. [Divine without first repudiating the express
Word Univ. of Tacloban v. Sec. of Labor terms and conditions upon which those
and Employment, GR 91915. Sep. 11, services are rendered which is held to
1992, citing NLRB v. Bancroft, 635 F.2d be an acceptance of such services under
492 (1981)]. an implied contract to pay therefor the
amount stipulated by the other party at
Impeach. To discredit the witnesss the time when they were rendered.
testimony. [Herrera, Remedial Law, Vol. [Sellner v. Conzales, GR 8415. Dec. 18,
VI, 1999 Ed., p. 208]. 1914].
Impeachment. A criminal proceeding Implied agency. Agency implied from

against a public official. [Glossary of the acts of the principal, from his silence
Legal Terms (Pro-Se), 2004]. or lack of action, or his failure to
repudiate the agency, knowing that
Impeachment of a witness. An attack another person is acting on his behalf
on the credibility (believability) of a without authority. [Art. 1869, CC].
witness, through evidence introduced
for that purpose. [Glossary of Legal Implied consent. Pol. Law. The consent
Terms (Pro-Se), 2004]. of the state to be sued implied from the
very act of entering into a contract,
Imperfect disinheritance. See because by entering into such contract
Ineffective disinheritance. the sovereign state has descended to
the level of the citizen. [Santos v.
Imperium. Lat. 1. The government Santos, GR L-4699. Nov. 26, 1952].
authority possessed by the State. Compare with Express consent.
[Separate Opinion, Kapunan, J., in Cruz
v. Sec. of DENR, GR 135385, Dec. 6, Implied conspiracy. A conspiracy which
2000]. 2. The authority possessed by may be inferred though no actual
the state embraced in the concept of meeting among them to concert means
sovereignty. [Suarez, Pol. Law is proved, if it is proved that two or
Reviewer, 1st Ed., 2002, p. 29]. more persons aimed by their acts
Compare with Dominium. towards the accomplishment of the
same unlawful object, each doing a part
Implement. From the Latin word so that their acts, though apparently
"implementum. To fill up or to independent were in fact connected and
complete. Its meaning includes an cooperative, indicating closeness of
"article, as of apparel or furniture, personal association and concurrence of
serving to equip." [Belen v. De Leon, GR sentiment. [Orodio v. CA, Sep. 13, 1988,
L-16412. Nov. 30, 1962, citing Webster, GR 57519].
Intl. Dict.].
Implied contract. A contract not
Implication doctrine. See Doctrine of created or evidenced by the explicit
implication. agreement of the parties but one
inferred by law; as the use of electric
Implied acceptance. Sales. Acceptance power in ones home implies a contract
of the goods is impliedly made by the with the light company. [Glossary of
buyer when he intimates to the seller Legal Terms (Pro-Se), 2004].
that he has accepted them, or when the
goods have been delivered to him, and Implied municipal liability. This
he does any act in relation to them doctrine which applies to all cases
which is inconsistent with the ownership where money or other property of a
of the seller, or when, after the lapse of party is received under such
a reasonable time, he retains the goods circumstances that the general law,
independent of express contract implies

301
an obligation upon the municipality to should take the title in his name for
do justice with respect to the same. [38 everyone's benefit. [Nito v. CA, GR
Am. Jur. Sec. 515, p. 193]. 102657. Aug. 9, 1993].
Implied novation. A novation arising Implied trusts. 1. Trusts that come into
from incompatibility of the old and new being by operation of law. [Art. 1441,
obligations, (which) change must refer CC]. 2. Those trusts which, without
to the object, the cause, or the principal being express, are deducible from the
conditions of the obligation. [Young v. nature of the transaction as matters of
CA, GR 83271. May 8, 1991]. intent, or which are superinduced on the
transaction by operation of law as
Implied pardon. There is implied pardon matters of equity, independently of the
when the offended party continued to particular intention of the parties.
live with his spouse even after the [O'laco v. Co Cho Chit, GR 58010. Mar.
commission of the offense. However 31, 1993]. Compare with Express
such consent or pardon cannot be trusts.
implied when the offended party allows
his wife to continue living in the Implied warranties. Mar. Ins. The
conjugal home after her arrest only in following warranties are implied in
order to take care of their children. marine insurance: (a) That the ship is
[Ligtas v. CA, GR L-47498. May 7, 1987, seaworthy to make the voyage and/or
citing People v. Boca (CA) O.G. 2248]. to take in certain cargoes; (b) that the
Compare with Express pardon. ship shall not deviate from the voyage
insured; (c) that the ship shall carry the
Implied permission. Ins. In necessary documents to show
contemplation of a car insurance policy, nationality or neutrality and that it will
any act done consistent with the risk not carry documents which will cast
insured against and which, although reasonable suspicion thereon; (d) that
done without the prior express consent the ship shall not carry contraband,
or permission of the owner, would have especially if it is making a voyage
been permitted had the car owner through belligerent waters. [Suggested
known about it. [Morenos Law Dict., Answer for the 2000 Bar, UPLC, (2002),
2000 Ed., p. 219]. p. 8].
Implied powers doctrine. Doctrine that Implied warranty as to quality or

holds that, in determining the rights and fitness. Sales. The warranty implying
duties possessed by an organization, a that the goods shall be reasonably fit for
court must look to the purposes and such purpose in case the buyer,
functions specified in its charter and expressly or by implication, makes
developed in practice. [Intl. Law Dict. & known to the seller the particular
Direct., 2004]. purpose for which the goods are
acquired, and it appears that the buyer
Implied ratification. See Tacit relies on the seller's skill or judgment
ratification. (whether he be the grower or
manufacturer or not). [Art. 1562, CC].
Implied repeal. Stat. Con. Where there
is irreconcilable repugnance between Implied warranty of merchantability.
two legal provisions, there is an implied Sales. The warranty implying that the
repeal of the first statute because the goods shall be of merchantable quality
inconsistency between the two laws is in case the goods are brought by
so clear and definite that one cannot description from a seller who deals in
stand together with the other. [Garcia v. goods of that description (whether he
Mata, GR L-33713. July 30, 1975]. be the grower or manufacturer or not).
Compared with Express repeal. [Art. 1562, CC].
Implied trust. Also Resulting trust. Implied warranty of seaworthiness.

Requisites: (a) That two or more Mar. Ins. A warranty in every marine
persons agree to purchase a property insurance upon a ship or freight, or
and (b) that they consent that one freightage, or upon any thing which is

302
the subject of marine insurance, committed by any person who shall

implying that the ship is seaworthy. import or bring into the Philippines any
[Sec. 113, IC]. prohibited drug, or by any person who
shall unlawfully sell or deliver to another
Implied warranty of title. A covenant prohibited drug. [Art. 192, RPC].
for quiet enjoyment. [Morenos Law
Dict., 2000 Ed., p. 220]. Importation, sale and possession of
lottery tickets or advertisements.
Import. 1. To bring into the Philippines Crim. Law. The felony committed by any
by sea, land or air. [Sec. 6, EO 175, May person who shall import into the
22, 1987]. 2. To bring in with intent to Philippine Islands from any foreign place
land. [Lichauco & Company v. Apostol, or port any lottery ticket or
GR 19628. Dec. 4, 1922, citing Words advertisement or, in connivance with
and Phrases, Vol. IV, p. 3438]. the importer, shall sell or distribute the
same, or any person who shall
Important cultural properties. Cultural knowingly and with intent to use them,
properties which have been singled out have in his possession lottery tickets or
from among the innumerable cultural advertisements, or shall sell or distribute
properties as having exceptional the same without connivance with the
historical and cultural significance to the importer of the same. [Art. 196, RPC].
Philippines but are not sufficiently
outstanding to merit the classification of Import permit. A permit authorizing an
national cultural treasures. [Joya v. individual to bring in wildlife from
PCGG, GR 96541. Aug. 24, 1993, citing another country. [Sec. 5, RA 9147].
Sec. 2(b), RA 4846, as amended].
Import quota. The total value of any
Importation. 1. The direct purchase, item of import allowed for entry into the
lease or charter of newly constructed or Philippines for any specified period.
previously owned ships, or the purchase [Sec. 1, RA 426].
of ship's spare parts from foreign
sources or from registered enterprises Impossibility of performance. Legal or
operating in special economic zones as physical impossibility of performing an
this terms is defined in RA 7916 entitled, obligation to do without the debtors
The Special Economic Zone Act of 1995. fault (and which) extinguishes the
[Sec. 3, RA 9295]. 2. Bringing into some obligation. [Ancheta, The Law on
port, harbor, or haven, with an intent to Obligations and Contracts, Rev. Ed., p.
land the goods there. It takes place 98].
when the vessel arrives at a port of
entry, intending there to discharge her Impossibilium nulla obligatio est. Lat.
cargo. [Lichauco & Company v. Apostol, There is no obligation to do impossible
GR 19628. Dec. 4, 1922, citing Words things. [Lim Co Chui v. Posadas, 47
and Phrases, Vol. IV, p. 3438]. Phil., pp. 462, 463].
Importation and disposition of Impossible condition. 1. A condition

falsely marked articles or which is not capable of fulfillment,
merchandise made of gold, silver, legally or physically. [Diaz, Bus. Law
or other precious metals or their Rev., 1991 Ed., p. 10-11]. 2. A condition
alloys. Crim. Law. The felony that is not possible of realization
committed by any person who shall because it is contrary to either physical,
knowingly import or sell or dispose of juridical or moral laws. [Jurado,
any article or merchandise made of Comments & Jurisp. on Succession,
gold, silver, or other precious metals, or 1991 8th Ed., p. 211].
their alloys, with stamps, brands, or
marks which fail to indicate the actual Impossible crime. 1. An act which
fineness or quality of said metals or would be an offense against persons or
alloys. [Art. 187, RPC]. property, were it not for the inherent
impossibility of its accomplishment or on
Importation and sale of prohibited account of the employment of
drugs. Crim. Law. The felony inadequate or ineffectual means. [Art. 4,

303
RPC]. 2. An offense by which the person Impoundment of Funds, 86 Harvard Law

intending to commit it has already Review 1505 (1973)].
performed the acts for the execution of
the same but nevertheless the crime Imprisonment for life. It is not the
was not produced by reason of the fact same as "life imprisonment." For one
that the act intended was by its nature thing, the proper penalty is "life
one of impossible accomplishment or imprisonment." And secondly, the
because the means employed by such impression created when the phrase
person are essentially inadequate to "imprisonment for life" is used is that
produce the result desired by him. [Art. the convict will stay in prison for the
59, RPC]. rest of his natural life. The proper
penalty is "life imprisonment. [People v.
Impost. The term also signifies any tax, Lucero, GR 84656. Jan. 4, 1994].
tribute or duty, but it is seldom applied
to any but the indirect taxes. [Garcia v. Improbable evidence. Evidence which
Exec. Sec., GR 101273. July 3, 1992, imputes to the parties to a transaction
citing Cooley, on Taxation, p. 3]. occurring in the ordinary course of
business, conduct inconsistent with the
Impotence. 1. The physical incapability principles by which men, similarly
of a contracting party of consummating situated, are usually governed.
a marriage. [Nolledo, The Fam. Code of [Morenos Law Dict., 2000 Ed., p. 221].
the Phil. Annotated. 2000 Rev. Ed., p.
79]. 2. The inability of the male organ to Improperly accumulated taxable
copulation, to perform its proper income. Taxable income adjusted by:
function. [Macadangdang v. CA, GR L- (a) income exempt from tax; (b) income
49542. Sep. 12, 1980, citing Bouvier's excluded from gross income; (c) income
Law Dict., p. 514]. See Erectile subject to final tax; and (d) the amount
Dysfunction. of net operating loss carry-over
deducted; and reduced by the sum of:
Impotency. The physical inability to (a) dividends actually or constructively
have sexual intercourse. [Menciano v. paid; and (b) income tax paid for the
San Jose (89 Phil. 63)]. It is not taxable year. [Sec. 27, NIRC, as
synonymous with sterility. Sterility refers amended].
to the inability to procreate, whereas,
impotence refers to the physical inability Improvement. A valuable addition made
to perform the act of sexual intercourse. to property or an amelioration in its
[Macadangdang v. CA, GR L-49542. condition amounting to more than mere
Sep. 12, 1980]. repairs intended to enhance its value,
beauty or utility or to adopt it for new or
Impotentia coeundi. Lat. Inability to do further purposes. [IRR on Supply &
the sexual act. [People v. Olmedillo, GR Prop. Mgt., per Sec. 383, LGC].
L-42660. Aug. 30, 1982].
Improvements. 1. All types of buildings
Impotentia erigendi. Lat. Inability to and residential units, walls, fences,
have an erection. [People v. Olmedillo, structures or constructions of all kinds of
GR L-42660. Aug. 30, 1982]. a fixed character or which are adhered
to the soil but shall not include trees,
Impotentia excusat legem. Lat. plants and growing fruits, and other
Impossibility dispenses with law. fixtures that are mere superimpositions
[Morenos Law Dict., 2000 Ed., p. 221]. on the land, and the value of
improvements shall not be less than fifty
Impoundment. The refusal by the percent (50%) of the assessed value of
President, for whatever reason, to the property. [Sec. 3, RA 7279]. 2. A
spend funds made available by valuable addition made to property or
Congress. It is the failure to spend or an amelioration in its condition,
obligate budget authority of any type amounting to more than more repairs or
[Phil. Const. Assoc. v. Enriquez, GR replacement of waste, costing labor or
113105. Aug. 19, 1994, citing capital, and intended to enhance its
value, beauty or utility or to adapt it for

304
new or further purposes. [Sec. 3, PD

464]. Impute. From Lat. imputare: to charge.
To attribute something done by one
Imprudence and negligence. Crim. person, as a crime or a fault, to another.
Law. The felony committed by any [Intl. Law Dict. & Direct., 2004].
person who, by reckless imprudence,
shall commit any act which, had it been Imputed negligence doctrine. See
intentional, would constitute a grave Vicarious liability doctrine.
felony, or would have constituted a less
grave felony or a light felony, or by any Inadequate judgment. See
person who, by simple imprudence or Incomplete judgment.
negligence, shall commit an act which
would otherwise constitute a grave Inadmissible. That which, under the
felony, or would have constituted a less rules of evidence, cannot be admitted or
serious felony, or when the execution of received as evidence. [Glossary of Legal
the act covered by Art. 365 of the Rev. Terms (Pro-Se), 2004].
Penal Code shall have only resulted in
damage to the property of another, or In any manner contravene the tenor
by any person who, by simple of the obligation. The phrase in Art.
imprudence or negligence, shall cause 1170 of the Civil Code, includes any
some wrong which, if done maliciously, illicit task which impairs the strict and
would have constituted a light felony. faithful fulfillment of the obligation, or
[Art. 365, RPC]. every kind of defective performance.
[Arrieta v. Natl. Rice and Corn Corp., GR
Impulse. Also Compulsion. Legal Med. L-15645. Jan. 31, 1964].
A sudden and irresistible force
compelling a person to the conscious Incapacity. 1. The lack of physical or
performance of some action without intellectual power or of natural or legal
motive or forethought. [Olarte, Legal qualification. [Luciano v. Prov.
Med., 1st Ed. (2004), pp. 150-151]. Governor, GR L-30306. June 20, 1969,
citing Webster's 3rd New Intl. Dict., 1964
Impulse of an uncontrollable fear of Ed., p. 1141]. 2. Lack of legal ability to
an equal or greater injury. The act; disability, incompetence; lack of
duress, force, fear or intimidation that adequate power. [Glossary of Legal
must be present, imminent and Terms (Pro-Se), 2004].
impending and of such a nature as to
induce a well-grounded apprehension of Incarceration. Imprisonment in a jail or
death or serious bodily harm if the act is penitentiary. [Glossary of Legal Terms
not done. A threat of future injury is not (Pro-Se), 2004].
enough. The compulsion must be of
such a character as to leave no Incest. Legal Med. Sexual relations
opportunity to the accused for escape or between persons who are relatives by
self-defense in equal combat. [People v. blood. [Olarte, Legal Med., 1st Ed.
Loreno (130 SCRA 311)]. (2004), p. 114].
Impuris manibus nemo accedat Incestuous marriages. Marriages

curiam. Lat. Let no one come to court between the following are incestuous
with unclean hands. [Morenos Law and void from the beginning, whether
Dict., 2000 Ed., p. 222]. relationship between the parties be
legitimate or illegitimate: (a) between
Imputation. Succ. A mathematical ascendants and descendants of any
process of determining whether the degree; and (b) between brothers and
value of donation can be contained in sisters, whether of the full or half blood.
the legitime or disposable portion, as [Art. 37, FC].
the case may be, or not. Its purpose is
to determine whether the donation is Incet ipsa per se aequitas. Lat. Equity
inofficious or not. [Jurado, Comments & shines by her own right. [Morenos Law
Jurisp. on Succession, 1991 8th Ed., p. Dict., 2000 Ed., p. 223].
317].

305
Inchamaree clause. Mar. Ins. A clause writings, emblems, banners or other

which makes the insurer liable for loss representations tending to the same
or damage to the hull or machinery end. [Art. 138, RPC, as reinstated by EO
arising from the (a) negligence of the 187].
captain, engineers, etc.; (b) explosions,
breakage of shafts; and (c) latent defect Inciting to sedition. Crim. Law. The
of machinery or hull. felony committed by any person who,
without taking any direct part in the
Inchoate. From Lat. inchoare: to start crime of sedition, should incite others to
work on. Begun, but not completed; the accomplishment of any of the acts
imperfectly formed or developed. [Intl. which constitute sedition, by means of
Law Dict. & Direct., 2004]. speeches, proclamations, writings,
emblems, cartoons, banners, or other
Incidence of taxation. That point on representations tending to the same
which the tax burden finally rests or end, or upon any person or persons who
settles down. It takes place when shall utter seditious words or speeches,
shifting has been effected from the write, publish, or circulate scurrilous
statutory taxpayer to another or libels against the Government of the
someone else who cannot pass on the Philippines, or any of the duly
burden further. [De Leon, Fundamentals constituted authorities thereof, or which
of Taxation, 2000 Ed., p. 53]. tend to disturb or obstruct any lawful
officer in executing the functions of his
Incident. Anything which is inseparably office, or which tend to instigate others
belongs to, or is connected with, or to cabal and meet together for unlawful
inherent in, another thing, called the purposes, or which suggest or incite
principal. Anything which is usually rebellious conspiracies or riots, or which
connected with another, or connected lead or tend to stir up the people
for some purposes, though not against the lawful authorities or to
inseparably. [Malaloan v. CA, GR disturb the peace of the community, the
104879. May 6, 1994, citing Black's Law safety and order of the Government, or
Dict. 79 (5th Ed. 1979)]. who shall knowingly conceal such evil
practices. [Art. 142, RPC, as reinstated
Incidental fraud. Also Dolo incidente. by EO 187].
1. Fraud in the performance of a pre-
existing obligation. It is the deliberate Inciting to war or giving motives for
act to evade the proper performance of reprisals. Crim. Law. The felony
the obligation. [Diaz, Bus. Law Rev., committed by any public officer or
1991 Ed., p. 8]. 2. Those deceptions or employee, and any private individual,
misrepresentations which are not who, by unlawful or unauthorized acts
serious in character and without which provokes or gives occasion for a war
the other party would still have entered involving or liable to involve the
into the contract. [Geraldez v. CA, GR Philippines or exposes Filipino citizens to
108253. Feb. 23, 1994, citing Art. 1344, reprisals on their persons or property.
CC]. [Art. 118, RPC].
Incident in the main case. It Inclement weather. It shall mean that

presupposes a main case which, a typhoon signal is raised in the locality.
perforce, must be within the court's [Sec. 3, RA 8491].
jurisdiction. [GR 104879. May 6, 1994.
Malaloan v. CA]. Inclusio unius est exclusio alterius.
Lat. The inclusion of one is the exclusion
Inciting a rebellion or insurrection. of the other. [People v. City Court of
Crim. Law. The felony committed by any Silay, GR L-43790. Dec. 9, 1976].
person who, without taking arms or
being in open hostility against the Income. 1. All revenues and receipts
Government, shall incite others to the collected or received, forming the gross
execution of any of the acts specified in accretions of funds of the Government.
Art. 134 of the Rev. Penal Code, by [Sec. 14, PD 477]. 2. An amount of
means of speeches, proclamations, money coming to a person or

306
corporation within a specified time,

whether as payment for services, Incompetent evidence. Evidence which
interest or profit from investment. is not admissible under the established
Unless otherwise specified, it means rules of evidence. Evidence which the
cash or its equivalent. Income can also law does not permit to be presented at
be thought of as a flow of the fruits of all, or in relation to the particular
one's labor. [Conwi v. CA, GR L-48532. matter, on account of lack of originality
Aug. 31, 1992]. 3. A flow of services or of some defect in the witness, the
rendered by that capital by the payment document, or the nature of the evidence
of money from it or any other benefit itself. [Blacks Law Dict., Abr. 5th Ed.
rendered by a fund of capital in relation (1983), 391].
to such fund through a period of time.
[Madrigal v. Rafferty, 38 Phil. 414, Aug. Incompetents. 1. Persons suffering the
7, 1918]. penalty of civil interdiction or who are
hospitalized lepers, prodigals, deaf and
Income bonds. Corp. Law. Bonds which dumb who are unable to communicate,
may not be secured payable out of the those who are of unsound mind, even
net profits of the issuing corporation. though they have lucid intervals, and
[Diaz, Bus. Law Rev., 1991 Ed., p. 269]. persons not being of unsound mind, but
by reason of age, disease, weak mind,
Income tax. 1. Tax on all yearly profits and other similar causes, cannot,
arising from property, professions, without outside aid, take care of
trades or offices, or as a tax on a themselves and manage their property,
persons income, emoluments, profits becoming thereby an easy prey for
and the like. [Teodoro & De Leon, Law deceit and exploitation. 2. Persons who
on Income Taxation, 11th Ed. (2001), p. lack ability, legal qualification, or fitness
1, citing 61 CJS 1559]. 2. Tax on a to manage their own affairs. [Glossary
person's income and profits. [Intl. Law of Legal Terms (Pro-Se), 2004].
Incompetent witness. An offered
Incompatible offices. Pol. Law. Offices witness who is not qualified under the
the duties and functions of which are rules of testimonial evidence. [Francisco,
inherently inconsistent and repugnant, Evidence, Vol. VII, Part 1, 1997 Ed., p.
so that because of the contrariety and 7].
antagonism which would result from the
attempt of one person to discharge Incomplete instrument not
faithfully, impartially, and efficiently the delivered. Nego Inst. Law. An
duties of both offices, considerations of incomplete instrument which has not
public policy render it improper for an been delivered, and which will not, if
incumbent to retain both. [Punsalan v. completed and negotiated without
Mendoza, GR L-69576. Nov. 19, 1985, authority, be a valid contract in the
citing 63 Am. Jur. 2d. 73]. hands of any holder, as against any
person whose signature was placed
Incompetence. Lack of ability, legal thereon before delivery. [Sec. 15, NIL].
qualification or fitness to discharge the
required duty . . . want of physical or Incomplete judgment. 1. A judgment
intellectual or moral fitness. [Homecillo, which directs that a party be reimbursed
Carmelito V., CSC Res. 97-0792, Jan. his actual litigation expenses without
28, 1997]. determination of such amount, where
no trial was held in the lower court
Incompetency. The manifest lack of which had wrongly dismissed her
adequate ability and fitness for the complaint. To fully dispose of the
satisfactory performance of official controversy, the judgment should
duties by reason of the officer's vice or provide for the remand of the case to
vicious habits. This has reference to any the lower court only for the purpose of
physical, moral or intellectual quality the fixing and determining the amount of
lack of which substantially incapacitates such actual litigation expenses, without
one to perform the duties of a peace or prejudice to the parties coming to an
public safety officer. [Sec. 8, PD 971]. agreement as to a mutually acceptable

307
amount to be paid to the petitioner by equal, not superior, to national

way of reimbursement. [Lina v. legislative enactments. [Philip Morris v.
Purisima, GR L-39380. Apr. 14, 1978]. CA, GR 91332. July 16, 1993, citing
2. A judgment which has not decided Salonga and Yap, Public Intl. Law, 4th
what ought to be decided is incapable of Ed., 1974, p. 6]. 2. The doctrine that
becoming final; immutability for holds that customary international law is
purposes of execution does not attach part of domestic law to the extent it is
to a judgment that is materially not inconsistent. [Intl. Law Dict. &
equivocal or which suffers from either Direct., 2004]. 3. The doctrine that
patent or latent ambiguity. [Hernandez postulates that the generally accepted
v. Colayco, GR L-39800. June 27, 1975]. principles of international law are
Also Inadequate judgment. automatically incorporated in the
municipal law of each state upon its
Incomplete justification. Crim. Law. A admission to the family of nations.
special or privileged mitigating [Cruz, Intl. Law Reviewer, 1996 Ed., p.
circumstance, which, not only can not 8]. Compare with Transformation
be offset by aggravating circumstances doctrine.
but also reduces the penalty by one or
two degrees than that prescribed by Incorporation rule. The rule that the
law. [Lacanilao v. CA, GR L-34940. June nationality of a corporation is that of the
27, 1988]. State under whose laws such
corporation was organized. [Diaz, Bus.
Incontestability clause. An agreement Law Rev., 1991 Ed., p. 245]. Compare
in an insurance policy by which the with Control test.
insurance company limit the period of
time in which it will interpose objections Incorporators. Those stockholders or
to the validity of the policy or set up any members mentioned in the articles of
defense. [Tiopianco, Commentaries and incorporation as originally forming and
Jurisp. on the Ins. Code of the Phil., composing the corporation and who are
1999 Ed., p. 52-53]. signatories thereof. [Sec. 5, Corp.
Code].
Incorporate union. Intl. Law. A union of
two or more states under a central Incorporeal. Legal rights which are
authority empowered to direct both intangible such as copyrights or patents.
their internal and external affairs and [Duhaime's Legal Dict., 2004].
possessed of international personality.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. Increased risk theory. The rule that in
14]. order for the employee to be entitled to
sickness or death benefits, the sickness
Incorporation by reference. The or death resulting therefrom must be, or
incorporation into a will, duly executed must have resulted from any illness
and witnessed according to statutory caused by employment subject to proof
requirements, by an appropriate that the risk of contracting the same is
reference a written paper or document increased by working conditions. [Librea
which is in existence at the time of the v. ECC, GR L-58879. Nov. 14, 1991,
execution of the will, irrespective of citing Art. 167(I) of PD 626, as
whether such document is one executed amended, and Sec. 1(b) of the amended
by the testator or a third person, Rules on Employees' Compensation].
whether it is in and of itself a valid
instrument, provided the document Incremental penalty. Crim. Law. An
referred to is identified by clear and additional penalty of fine based on the
satisfactory proof. [Jurado, Comments & value of the gain obtained by the
Jurisp. on Succession, 1991 8th Ed., p. accused on top of the principal penalty,
114, citing 57 Am. Jur. Sec. 233, p. which is that incurred for the acts of
193]. violence. [People v. Alfeche, Jr. GR
102070. July 23, 1992, citing Art. 312,
Incorporation doctrine. Intl. Law. 1. As RPC].
applied in most countries, the rules of
international law are given a standing

308
Incriminating innocent person. Crim. title other than those on the certificate.
Law. The felony committed by any [Duhaime's Legal Dict., 2004].
person who, by any act not constituting
perjury, shall directly incriminate or Indelible allegiance doctrine. Intl.
impute to an innocent person the Law. A doctrine under which an
commission of a crime. [Art. 363, RPC]. individual may be compelled to retain
his original nationality notwithstanding
Incumbent. A person who is in present that he has already renounced it under
possession of an office. [Tejada v. the laws of another state whose
Domingo GR 91860, 205 SCRA 138 nationality he has acquired. [Cruz, Intl.
(1992) quoting Black's Law Dict., 5th Law Reviewer, 1996 Ed., p. 104, citing
Ed., 691]. Fenwick, 258].
In custodia legis. Subjected to the Indemnification for damages. It

official custody of a judicial executive comprehends not only the value of the
officer in pursuance of his execution of a loss suffered, but also that of the profits
legal writ. [Claridades, A., Compilation which the obligee failed to obtain. [Art.
of Notes, 2001-2006]. Also Custodia 2200, CC].
legis.
Indemnity. Payment made for a certain
In custody investigation. See loss or damage. [Tiopianco,
Custodial investigation. Commentaries & Jurisp. on the Ins.
Code of the Phil., 1999 Ed., p. 20].
Indebtedness. An unconditional and
legally enforceable obligation for the Indemnity principle. Ins. The principle
payment of money. [Comm. of Int. Rev. by which an insured is compensated for
v. Prieto, 109 Phil. 592, Sep. 30, 1960]. losses sustained and is placed as much
as possible in the same pecuniary
Indecency. An act against good behavior position as he occupied immediately
and just delicacy. [People v. Kottinger, before the misfortune. [Tiopianco,
GR 20569. Oct. 29, 1923]. Commentaries & Jurisp. on the Ins.
Code of the Phil., 1999 Ed., p. 20-21].
Indecent exposure. See
Exhibitionism. Indent. A purchase order for goods
especially when sent from a foreign
Indecent shows. Crim. Law. The felony country. [Schmid & Oberly v. RJL
committed by those who shall sell, give Martinez Fishing Corp., GR 75198. Oct.
away or exhibit films, prints, engravings, 18, 1988, citing Webster's 9th New
sculpture or literature which are Collegiate Dict. 612 (1986)].
offensive to morals. [Art. 201, RPC, as
amended by PD Nos. 960 and 969]. Indentor. One who, for compensation,
acts as a middleman in bringing about a
In default. (It contemplates a scenario purchase and sale of goods between a
where) one is declared in default due to foreign supplier and a local purchaser.
his failure to file his answer to the [Schmid & Oberly v. RJL Martinez
complaint within the period required by Fishing Corp., GR 75198. Oct. 18,
the Rules of Court. [Jungco v. CA, GR 1988].
78051. Nov. 8, 1989]. Compare with As
in default. Independence. Intl. Law. 1. Also known
as External sovereignty, it signifies the
Indefeasible. A right or title in property freedom of the state to control its own
that cannot be made void, defeated or foreign affairs. [Sandoval, Pol. Law
canceled by any past event, error or Reviewer 2003]. 2. The external
omission in the title. For example, manifestation of sovereignty, which also
certificates of title issued under a embraces power over internal matters.
Torrens land titles system is said to be The power of a state to administer its
indefeasible because the government external affairs without direction or
warrants that no interest burdens the interference from another state. [Cruz,

309
Independence principle. The principle Indeterminate sentence. 1. A sentence

by which the bank determines the maximum term of which shall be
compliance with the letter of credit only that which, in view of the attending
by examining the shipping documents circumstances, could be properly
presented; it is precluded from imposed under the rules of the Rev.
determining whether the main contract Penal Code, and the minimum which
is actually accomplished or not. [Bank of shall be within the range of the penalty
America, NT & SA v. CA, GR 105395. next lower to that prescribed by the
Dec. 10, 1993]. Code for the offense. [Sec. 1,
Indeterminate Sentence Law]. 2. A
Independent adjuster. Any person, sentence of imprisonment to a specified
partnership, association or corporation minimum and maximum period of time,
which, for money, commission or any specifically authorized by statute,
other thing of value, acts for or on subject to termination by a parole board
behalf of an insurer in the adjusting of or other authorized agency after the
claims arising under insurance contracts prisoner has served the minimum term.
or policies issued by such insurer. [Sec. [Glossary of Legal Terms (Pro-Se),
324, IC]. 2004].
Independent Certified Public Indeterminate Sentence Law. Act

Accountant. An accountant who Numbered Four Thousand One hundred
possesses the independence as defined and Three (Act No. 4103, as amended)
in the rules and regulations of the Board entitled An Act to provide for an
of Accountancy promulgated pursuant indeterminate sentence and parole for
to PD 692, otherwise known as the all persons convicted of certain crimes
Revised Accountancy Law. [Sec. 232, by the courts of the Phil. Islands; to
NIRC, as amended]. create a Board of Indeterminate
Sentence and to provide funds therefor;
Independent contractors. Persons, and for other purposes enacted on Dec.
juridical or natural, who exercise 5, 1933.
independent employment, contracting to
do a piece of work according to their Indeterminate thing. See Generic
own methods and without being thing.
subjected to control of their employer
except as to the result of their work. Index animi sermo est. Lat. Speech is
[Villuga v. NLRC, GR 75038. Aug. 23, the index of intention. [Globe-Mackay
1993]. Cable and Radio Corp. v. NLRC, 206
SCRA 701 (1992)].
Independent power producer (IPP).
1. An existing power generating entity Indian hemp. Also Marijuana. Every
which is not owned by the government. kind and class of the plant cannabis
[Sec. 4, RA 9136]. 2. Private investor sativa L. from which the resin has not
engaged in power generation from coal- been extracted, including cannabis
fired power plant, or any other energy americana, hashish, bhang, guaza,
sources (oil, hydro, geothermal etc.). churrus and ganjah, and embraces
[Sec. 1.2, IRR, EO 354 dated 5 July every kind, class and character of Indian
1996]. hemp, whether dried or fresh, flowering
or fruiting tops of the pistillate plant,
Independent state. Intl. Law. 1. A state and all its geographic varieties, whether
that has full freedom in the direction of as a reefer, resin, extract, tincture or in
its affairs, both domestic and foreign. It any form whatsoever. [Sec. 2, RA
may either be simple or composite. 6425]. See Cannabis.
12]. 2. A state that is sovereign; one Indicia. Lat. Signs; Indications.
that operates independently Circumstances which point to the
internationally. [Intl. Law Dict. & Direct., existence of a given fact as probable,
2004]. Compare with Dependent but not certain. The term is much used
state. in civil law in a sense nearly or entirely

310
synonymous with circumstantial implementing mechanisms,

evidence. It denotes facts which give appropriating funds therefor, and for
rise to inferences, rather than the other purposes enacted on Oct. 29,
inferences themselves. [Blacks Law 1997.
Dict., Abr. 5th Ed. (1983), 395].
Indigenous petroleum. Locally
In diem. Lat. A term with a resolutory extracted mineral oil, hydrocarbon gas,
effect, until a certain day. [PCIB v. bitumen, crude asphalt, mineral gas and
Excolin, GR L-27860 & L-27896. Mar. all other similar or naturally associated
29, 1974]. Compare with Ex die. substances with the exception of coal,
peat, bituminous shale and/or stratified
Indigenous cultural community. 1. A mineral deposits. [Sec. 1, RA 7729].
group or tribe of indigenous Filipinos
who have continuously lived as Indigenous political structures.
communities on communally-bounded Organizational and cultural leadership
and defined land since time immemorial systems, institutions, relationships,
and have succeeded in preserving, patterns and processes for decision-
maintaining, and sharing common bonds making and participation, identified by
of languages, customs, traditions, and Indigenous Cultural Communities/
other distinctive cultural traits, and as Indigenous Peoples (ICCs/IPs) such as,
may be defined and delineated by law. but not limited to, Council of Elders,
[Sec. 3, RA 7942]. 2. A group of people Council of Timuays, Bodong Holders, or
sharing common bonds of language, any other tribunal or body of similar
customs, traditions and other distinctive nature. [Sec. 4, RA 8371].
cultural traits, and who have, since time
immemorial, occupied, possessed and Indigenous wildlife. Species or
utilized a territory. [Sec. 4, RA 7586]. subspecies of wildlife naturally occurring
or has naturally established population
Indigenous cultural communities/ in the country. [Sec. 5, RA 9147].
Indigenous peoples (ICCs/IPs). A
group of people or homogenous Indigent. 1. A person who has no visible
societies identified by self-ascription and means of income or whose income is
ascription by others, who have insufficient for the subsistence of his
continuously lived as organized family. [Enaje v. Ramos, GR L-22109.
community on communally bounded and Jan. 30, 1970]. 2. Needy or
defined territory, and who have, under impoverished. A defendant who can
claims of ownership since time demonstrate his or her indigence to the
immemorial, occupied, possessed and court may be assigned a court-
utilized such territories, sharing common appointed attorney at public expense.
bonds of language, customs, traditions Compare with Pauper. [Jurists Legal
and other distinctive cultural traits, or Dict., 2004]. 3. Health Ins. A person
who have, through resistance to who has no visible means of income, or
political, social and cultural inroads of whose income is insufficient for the
colonization, non-indigenous religions subsistence of his family, as identified
and cultures, became historically by the Local Health Insurance Office
differentiated from the majority of and based on specific criteria set by the
Filipinos. [Sec. 4, RA 8371]. Phil. Health Ins. Corp. in accordance
with the guiding principles set forth in
Indigenous materials. Raw materials Art. 1 of RA 7875, as amended. [Sec. 1,
grown and/or produced in the RA 9241].
Philippines. [Sec. 2, PD 2032].
Indigent litigant. Anyone who has no
Indigenous Peoples Rights Act of visible means of support or whose
1997, The. RA 8371 entitled An act to income does not exceed P300 per
recognize, protect and promote the month or whose income even in excess
rights of indigenous cultural of P300 per month is insufficient for the
communities/indigenous peoples, subsistence of his family. [Enaje v.
creating a National Commission On Ramos, GR L-22109. Jan. 30, 1970,
Indigenous Peoples, establishing citing RA 6035].

311
to winds (by thermal gradients in the

Indigent party. One who is authorized atmosphere), produces organic matter
by the court to prosecute his action or or bio-mass and creates ocean thermal
defense as an indigent upon an ex parte gradients between the surface and its
application and hearing showing that he depths. [Sec. 2, PD 1068]. See Direct
has no money or property sufficient and solar energy.
available for food, shelter and basic
necessities for himself and his family. Indirect taxes. 1. Those taxes which are
[Suarez, Pol. Law Reviewer, 1st Ed., demanded from one person in the
2002, p. 199]. expectation and intention that he shall
indemnify himself at the expense of
Indirect. The term would signify an act another. An example of this type of tax
done not straight to the point. [Guerrero is the sales tax levied on sales of a
v. Villamor, GR 82238-42. Nov. 13, commodity. [Maceda v. Macaraig, GR
1989]. 88291. May 31, 1991]. 2. Those that are
demanded in the first instance from one
Indirect assault. Crim. Law. The use of person in the expectation and intention
force or intimidation by any person upon that he can shift the burden to someone
another person coming to the aid of the else. [Comm. of Int. Rev. v. John
authorities or their agents on occasion Gotamco & Sons, Inc., GR L-31092. Feb.
of the commission of any of the crimes 27, 1987]. Compare with Direct taxes.
defined in Art. 148 of the Rev. Penal
Code. [Art. 149, RPC]. Indispensable party. Civ. Pro. 1. A
party in interest without whom no final
Indirect bribery. Crim. Law. The felony determination can be had of an action.
committed by any public officer who [Sec. 7, Rule 3, RoC]. 2. A party without
shall accept gifts offered to him by whom the action cannot be finally
reason of his office. [Art. 211, RPC]. determined, whose interest in the
subject matter of the suit and in the
Indirect contempt. Such acts as relief sought is so intertwined with that
misbehavior by a court official in the of the other parties that his legal
performance of his official duties; presence as a party to the proceeding is
disobedience or resistance to a lawful an absolute necessity. [Rep. v.
writ, process order or judgment of the Sandiganbayan, GR 92594. Mar. 4,
court; assuming to be an attorney or an 1994]. Compare with Necessary party.
officer of the court and acting as such
without authority; and failure to obey Individual. A single human being as
subpoena served. [Claridades, A., contrasted with a social group or
Compilation of Notes, 2001-2006]. institution. [Morenos Law Dict., 2000
Compare with Direct contempt. Ed., p. 227].
Indirect employer. Labor. Any person, Individual claims. Claims on land and
partnership, association or corporation rights thereon which have been
which, not being an employer, contracts devolved to individuals, families and
with an independent contractor for the clans including, but not limited to,
performance of any work, task, job or residential lots, rice terraces or paddies
project. [Art. 107, LC]. and tree lots. [Sec. 4, RA 8371].
Indirect initiative. Exercise of initiative Individually. The term has the same
by the people through a proposition meaning as "collectively", "separately",
sent to Congress or the local legislative "distinctively", respectively or
body for action. [Sec. 3, RA 6735]. "severally". [Ronquillo v. CA, GR L-
55138. Sep. 28, 1984].
Indirect solar energy. The energy
content of solar radiation harnessed by Indivisible obligation. An obligation the
initially collecting sunlight in a natural object of which, in its delivery or
manner such as absorption by land, performance, is not capable of partial
atmosphere, ocean surface and plants. performance. [Diaz, Bus. Law Rev.,
This natural collection mode gives rise

312
1991 Ed., p. 29]. Compare with Inducing a minor to abandon his

Divisible obligation. home. Crim. Law. The felony
committed by anyone who shall induce
Indorsement. Nego Inst. Law. Legal a minor to abandon the home of his
transaction effected by affixing ones parent or guardians or the persons
signature (a) at the back of the entrusted with his custody. [Art. 271,
instrument; or (b) upon a paper RPC].
(Allonge) attached thereto with or
without additional words specifying the Industrial baking and drying. The
person to whom or to whose order the industrial process of subjecting materials
instrument is to be payable whereby to heat for the purpose of removing
one not only transfers legal title to the solvents or moisture from the same,
paper transferred but likewise enters and/or to fuse certain chemical salts to
into an implied guaranty that the form a uniform glazing the surface of
instrument will be duly paid. materials being treated. [Sec. 3, PD
2001-2006].
Industrial design. 1. Any composition of
Indorsement. Nego Inst. Law. Kinds: (a) lines or colors or any three-dimensional
Special indorsement; (b) blank form, whether or not associated with
indorsement; (c) restrictive lines or colors: Provided, That such
indorsement; (d) qualified indorsement; composition or form gives a special
(e) conditional indorsement. [Sec. 33, appearance to and can serve as pattern
NIL]. for an industrial product or handicraft.
[Sec. 112, RA 8293]. 2. Any new
Indorsement in blank. Also Blank original and ornamental design for an
indorsement. Nego. Inst. An article of manufacture. [Sec. 1, PD
indorsement that specifies no indorsee, 1423]. 3. Any new and original creation
and an instrument so indorsed is relating to the features of shape,
payable to bearer, and may be pattern, configuration, ornamentation,
negotiated by delivery. [Sec. 34, NIL]. or artistic appearance of an article or
industrial design by the author in the
Indorser. Nego. Inst. A person placing same manner and subject to the same
his signature upon an instrument provisions and requirements as relate to
otherwise than as maker, drawer, or patents for inventions in so far as they
acceptor, who is deemed to be such are applicable, except as otherwise
unless he clearly indicates by hereinafter provided. [Sec. 55, RA 165,
appropriate words his intention to be as amended by RA 637].
bound in some other capacity. [Sec. 63,
NIL]. Industrial detergent. Any cleaning
product not designed for laundering
Indubitable. Something which cannot be different fabrics in the family wash but
doubted; also certain and is mostly used in the manufacturing
unquestionable; without doubt. [Asejo industry, such as but not limited to the
v. Leonoso, 78 Phil. 467 (1947)]. beverage industry, textile industry,
meat, fish and fruit canning, dairy
Inducement. Also Instigation. Crim. product processing and food processing
Law. The criminal intent originates in industry. [Sec. 2, RA 8970].
the mind of the instigator and the
accused is lured into the commission of Industrial dispersal. The
the offense charged in order to encouragement given to manufacturing
prosecute him. The instigator practically enterprises to establish their plants in
induces the would-be accused into the rural areas. Such firms normally use
commission of the offense and himself agricultural raw materials either in their
becomes a co-principal [People v. primary or intermediate state. [Sec. 4,
Ramos, 203 SCRA 237 (1991)]. RA 8435].
Compare with Entrapment.
Industrial dispute. See Labor dispute.

313
Industrial employment. In case of electrical machinery and equipment are

private employers, it includes all installed. [Sec. 2, RA 7920].
employment or work at a trade,
occupation or profession exercised by Industrial Safety Act. Commonwealth
an employer for the purpose of gain, Act No. 104, as amended. [Expressly
except domestic service. [Sec. 22, RA repealed by the Labor Code].
772].
Industrial salt. Salt used in the
Industrial estate (IE). A tract of land treatment, processing, and/or
subdivided and developed according to manufacture of non-food commercial
a comprehensive plan under a unified products. [Sec. 4, RA 8172].
continuous management and with
provisions for basic infrastructure and Industrial sand and gravel permit.
utilities, with or without pre-built The permit granted by the Mines and
standard factory buildings and Geosciences Bureau to any qualified
community facilities for the use of the person for the extraction of sand and
community of industries. [Sec. 4, RA gravel and other loose or
7916]. unconsolidated materials that
necessitate the use of mechanical
Industrial fruits. Those produced by processing covering an area of more
lands of any kind through cultivation or than five hectares (5 has.) at any one
labor. [Art. 442, CC]. time. The permit shall have a term of
five (5) years, renewable for a like
Industrial land. Land developed period but not to exceed a total term of
principally to industry as capital twenty-five (25) years. [Sec. 47, RA
investment. [Sec. 3, PD 464]. 7942].
Industrial life insurance. A form of life Industrial tree plantation. Any tract of
insurance under which the premiums forest land purposely and extensively
are payable either monthly or oftener, if planted to timber crops primarily to
the face amount of insurance provided supply the raw material requirements of
in any policy is not more than five existing or proposed processing plants
hundred times that of the current and related industries. [Sec. 3, PD 705].
statutory minimum daily wage in the
City of Manila, and if the words Industrial waste. Any solid, semi-solid
Industrial policy are printed upon the or liquid waste material with no
policy as part of the descriptive matter. commercial value released by a
[Sec.229, IC]. manufacturing or processing plant other
than excluded material. [Sec 4, RA
Industrial partner. The partner who 9275].
contributes his industry to the
partnership. [Diaz, Bus. Law Rev., 1991 Industry. 1. Any identifiable group of
Ed., p. 189]. Compare with Capitalist productive units or enterprises, whether
partner. operated for profit or not, engaged in
similar or allied economic activities in
Industrial Peace Act. RA 875. which individuals are gainfully
[Expressly repealed by the Labor Code]. employed. [Sec. 1, Rule 9, Book 3, IRR
of LC]. 2. Any department or branch of
Industrial plant. Any plant in which a art, occupation or business, especially,
unit process and/or operations are one which employs much labor and
involved, including the related pollution capital and is a distinct branch of trade,
control and abatement processes or as the sugar industry. [Diaz-Leus v.
operations. [Sec. 3, RA 9267]. Melvida, GR 77716. Feb. 17, 1988, citing
Sangco, Phil. Law on Torts & Damages,
Industrial plant or factory. p. 340].
Manufacturing assembly plants,
including engineering shops, shipyards Industry indispensable to the
or other business endeavors where national interest. Industry needful or
essential to the vital functions of the

314
state where the dispute involves public Infant. 1. A child within zero (0) to
hazard requiring swift governmental twelve (12) months of age. [Sec. 3, RA
intervention or action and not merely 7600]. 2. A person falling within the age
public inconvenience, whether there is bracket of 0-12 months. [Sec.4, EO 51,
an emergency or not. [Sec. 32, PD 570- Oct. 20, 1986].
A].
Infant formula. The breastmilk
Inebriation. The state of being under substitute formulated industrially in
the influence of or addicted to the use accordance with applicable Codex
of intoxication liquors. [Claridades, A., Alimentarius standards, to satisfy the
Compilation of Notes, 2001-2006]. normal nutritional requirements of
infants up to six (6) months of age, and
Ineffective or imperfect adopted to their physiological
disinheritance. A disinheritance characteristics. [Sec. 3, RA 7600; Sec.4,
without a specification of the cause, or EO 51].
for a cause the truth of which, if
contradicted, is not proved, or which is Infanticide. 1. Crim. Law. The felony
not one of those set forth in the Civil committed by any person who shall kill
Code, which shall annul the institution of any child less than three days of age, or
heirs insofar as it may prejudice the by the mother of the child for the
person disinherited; but the devises and purpose of concealing her dishonor, or
legacies and other testamentary by the maternal grandparents or either
dispositions shall be valid to such extent of them if said crime be committed for
as will not impair the legitime. [Art. 918, the same purpose. [Art. 255, RPC]. 2.
CC]. Murder of an infant soon after its birth.
In esse. Lat. In being. Actually existing.
Distinguished from In posse, which Infantosexual. Legal Med. A person
means that which is not, but may be. whose sexual desire is towards minors.
A child before birth is in posse; after [Olarte, Legal Med., 1st Ed. (2004), p.
birth, in esse. [Blacks Law Dict., Abr. 5th 113].
Ed. (1983), p. 397].
Inference. A fact or proposition
Inexistent contract. One which has no deducted by process of reasoning as a
force and effect from the very logical conclusion from other facts.
beginning, as if it had never been [Herrera, Rem. Law, 1999 Ed., p. 31,
entered into, and which cannot be citing Cummins v. King & Sons (Alaska),
validated either by time or by 453 P2d 465]. Compare with
ratification. [Tongoy v. CA, 123 SCRA 99 Presumption. See also Presumption
(1983); Avila v. CA 145 SCRA (1986)]. hominis or Presumption of fact.
Also Void contract.
Inferior courts. The term, as used in the
In extremis. Lat. 1. At the point of death Interim Rules and Guidelines
when every hope of recovery is extinct. promulgated to implement the Judiciary
[People v. Laquinon, GR L-45470. Feb. Reorganization Act of 1981, refers to all
28, 1985]. 2. In extremity; in the last courts except the Supreme Court, the
extremity; in the last illness. [Blacks Sandiganbayan and the Court of Tax
Law Dict., Abr. 5th Ed. (1983), p. 397]. Appeals. [Delbros Hotel Corp. v. IAC, GR
L-72566. Apr. 12, 1988].
In facie curiae. Lat. In the face of the
courts. Contumacious acts or statements Infidelity in the custody of
and misconduct regarded as serious acts documents. Elements: (a) that the
flaunted in the face of the Court and offender be a public officer; (b) that
constituting a frontal assault upon the there be a document abstracted,
integrity of the (Supreme) Court and, destroyed or concealed; (c) that the
through the Court, the entire judicial document destroyed or abstracted be
system. [Zaldivar v. Sandiganbayan, GR entrusted to such public officer by
79690. Feb. 1, 1989]. reason of his office, and (d) that
damage or prejudice to the public

315
interest or to that of a third person be gathering data and in disseminating

caused by the removal, destruction or and/or publishing the same for and on
concealment of such document. [Fajelga behalf of a principal. [Sec. 3, BP 39].
v. Escareal, GR L-61017-18. Jan. 14,
1988]. Information value. The correct dutiable
value of the article ascertained from the
In flagrante. Lat. In the very act reports of the Revenue Attache or
charged against him. [People v. Polo, Commercial Attache (Foreign Trade
GR 72899. Jan. 30, 1987]. Promotion Attache) or other Philippine
diplomatic officers and from such other
In flagrante delicto. Lat. In the very act information that may be available to the
of committing a crime. [People v. Bureau of Customs. Such value shall be
Montilla, GR 123872. Jan. 30, 1998, the home consumption value of the
citing Moreno, Phil. Law Dict., 2nd Ed.]. imported article which shall be the
subject of customs duty and taxes.
Inflation. A sharp sudden increase of [Comm. of Customs v. Procter & Gamble
money or credit or both without a Phil. Mfg. Corp., GR 56705. Jan. 31,
corresponding increase in business 1989]. Also Established value.
transactions. It causes a drop in the
value of money resulting in the rise of Informed consent. The voluntary
the general price level. [Diaz, Bus. Law agreement of a person to undergo or be
Rev., 1991 Ed., p. 41]. subjected to a procedure based on full
information, whether such permission is
Informacion posesoria. Sp. Possessory written, conveyed verbally, or expressed
information title. [Dir. of Forestry v. indirectly. [Sec. 3, RA 8504].
Muoz, GR L-25459. June 28, 1968].
Informer. One who communicates
Informal education. A lifelong process knowledge of someone having
of learning by which every person committed or about to commit a crime
acquires and accumulates knowledge, to the proper authorities who by
skills, attitudes and insights from daily themselves, acting independently, may
experiences at home, at work, at play obtain the evidence necessary for the
and from life itself. [Sec. 4, RA 9155]. prosecution of the offender. [People v.
Bagano, GR 77777. Feb. 5, 1990].
In forma pauperis. See Forma
pauperis. Informers reward. The reward granted
to any person, except an internal
Information. 1. Rem. Law. An revenue official or employee, or other
accusation in writing charging a person public official, or his relative within the
with an offense subscribed by the sixth grade of consanguinity, who
prosecutor and filed with the court. voluntarily gives definite and sworn
[Sec. 4, Rule 110, RoC]. 2. Crim. Proc. information, not yet in the possession of
An accusation in writing charging a the Bureau of Internal Revenue, leading
person with an offense subscribed by to the discovery of frauds upon internal
the fiscal and filed with the court. [Sec. revenue laws or violation of any of the
4, Rule 110, RoC]. provisions thereof, thereby resulting in
the recovery of revenues, surcharges
Information and communications and fees and/or the conviction of the
system. A system for generating, guilty party and/or imposition of any
sending, receiving, storing, or otherwise fine or penalty. [Comm. of Int. Rev. v.
processing electronic documents and COA, GR 101976. Jan. 29, 1993, citing
includes the computer system or other Sec. 281 of NIRC].
similar device by or in which data is
recorded or stored and any procedures Informing power of the President.
related to the recording or storage of The power of the President to address
electronic document. [Sec. 5, RA 8792]. the Congress at the opening of its
regular session and also to appear
Information representative. Any before it at any other time. [Sec. 23,
person who engages in collecting or Art. VII, 1987 Const.].

316
trade-name. [Sec. 22, RA 166, as

Infraction. A violation of law not amended].
punishable by imprisonment. Minor
traffic offenses generally are considered Infringement of a design patent.
infractions. [Glossary of Legal Terms Unauthorized copying of the patented
(Pro-Se), 2004]. design for the purpose of trade or
industry in the article or product and in
Infra scapula. Either of two flat, the making, using, or selling of the
triangular bones, each forming the back article or product copying the patented
part of a shoulder. [Morenos Law Dict., design. Identity or substantial identity
2000 Ed., p. 228]. with the patented design shall constitute
evidence of copying. [Sec. 60, RA 166,
Infrastructure projects. The as amended by Sec. 6, RA 637].
construction, improvement,
rehabilitation, demolition, repair, Infringement of copyright. The
restoration or maintenance of roads and importation into the Philippines of any
bridges, railways, airports, seaports, piratical copies or likeness of any work
communication facilities, civil works in which Philippine copyright subsists,
components of information technology unless authorized by the copyright
projects, irrigation, flood control and proprietor concerned, or except when
drainage, water supply, sanitation, imported under certain circumstances,
sewerage and solid waste management as well as the unlawful use of the copies
systems, shore protection, imported as allowed by Sec. 30 of PD 49
energy/power and electrification which violate the rights of the proprietor
facilities, national buildings, school of Philippine copyright or annul or limit
buildings and other related construction the protection secured by said Decree,
projects of the government. [Sec. 5, RA and shall be punishable as such without
9184]. prejudice to the proprietors right of
action. [Sec. 30, PD 49].
Infringement. The use, without the
consent of the registrant, any Infringement of patent. The making,
reproduction, counterfeit, copy or use and sale of the patented machine,
colorable imitation of any registered article or product, and the use of the
mark or tradename in connection with patented process for the purpose of
the sale, offering for sale, or advertising industry or commerce, throughout the
of any goods, business or services on or territory of the Philippines for the term
in connection with which such use is of the patent by any person without the
likely to cause confusion or mistake or authorization of the patentee. [Sec. 37,
to deceive purchasers or others as to RA 165].
the source or origin of such goods or
services, or identity of such business; or In futuro. Lat. In the future. At a future
reproduce, counterfeit, copy or colorably time. The opposite of In praesenti.
imitate any such mark or trade-name
and apply such reproduction, Inhabitant. One who has actual fixed
counterfeit, copy, or colorable imitation residence in a place; one who has a
to labels, signs, prints, packages, domicile in a place. [Co v. Electoral
wrappers, receptacles or advertisements Tribunal, GR 92191-92. July 30, 1991,
intended to be used upon or in citing Bouvier's Law Dict., Vol. II].
connection with such goods, business or
services. [Sec. 22, RA 166, as Inhabited house. Any shelter, ship or
amended]. vessel constituting the dwelling of one
or more persons, even though the
Infringement. Elements: (a) The use by inhabitants thereof shall temporarily be
any person, without the consent of the absent therefrom when the robbery is
registrant, (b) of any registered mark or committed. [Art. 301, RPC].
trade-name in connection with the sale,
business or services, among other Inherent aggravating circumstances.
things, bearing such registered mark or Crim. Law. Those which are part of the
felony committed, as unlawful entry in

317
robbery with force upon things. amendments to the Constitution; 2.

[Gregorio, Fund. of Crim. Law Rev., Initiative on statutes which refers to a
1997 9th Ed., p. 112]. petition proposing to enact a national
legislation; and 3. Initiative on local
Inheritance. Succ. 1. All the property, legislation which refers to a petition
rights and obligations of a person which proposing to enact a regional,
are not extinguished by his death. [Art. provincial, city, municipal, or barangay
776, CC]. 2. The inheritance of a person law, resolution or ordinance. [Sec. 3, RA
also includes those which have accrued 6735].
thereto since the opening of the
succession. [Art. 781, CC]. Injunction. Rem. Law. 1. An order of a
court which restrains a specified person
Inheritance tax. A state tax on property from performing certain acts. [Torres,
that an heir or beneficiary under a will Oblig. & Cont., 2000 Ed., p. 351]. 2. A
receives from a deceased person's court order that prohibits a party from
estate. The heir or beneficiary pays this doing something (restrictive injunction)
tax. [Glossary of Legal Terms (Pro-Se), or compels him to do something
2004]. (mandatory injunction). [Duhaime's
Legal Dict., 2004]. 3. A prohibitive order
Inherited case. One tried and finished or remedy issued by the court at the
by an RTC Judge but left undecided and suit of the complaining party, which
is now listed as pending decision before forbids the defendant to do some act
the incumbent Judge. [People v. Bajar, which he is threatening or attempting to
GR 118240. Oct. 28, 1997, citing MC 1- do. Conversely, it may require him to
89 issued 13 June 1989 by CJ Fernan]. perform an act which he is obligated to
perform but refuses to do. [Glossary of
Initial. A first part, a beginning, an initial Legal Terms (Pro-Se), 2004].
letter, note or the like. [Gonzaga v.
Seno, GR L-20522. Apr. 23, 1963, citing Injunction. Rem. Law. Requisites to
Webster's Dict.]. issue: (a) The existence of the right to
be protected, and (b) that the facts
Initial appearance. Crim. Proc.. The against which the injunction is to be
defendant comes before a judge within directed are violative of said right.
hours of the arrest to determine [Araneta v. Gatmaitan, 101 Phil. 328
whether or not there is probable cause (1957)].
for his arrest. [Glossary of Legal Terms
(Pro-Se), 2004]. Injury. 1. Civ. Law. Any wrong or
damage done to another, either in his
Initial payments. Taxation. The person, rights, reputation or property.
payments received in cash or property The invasion of any legally protected
other than evidences of indebtedness of interest of another. [Pecho v.
the purchaser during the taxable period Sandiganbayan, GR 111399. Nov. 14,
in which the sale or other disposition is 1994, citing Black's Law Dict., 5th Ed.,
made. [Sec. 49, NIRC, as amended]. 706]. 2. Labor. Any harmful change in
the human organization from any
Initiate. To begin, to commence, or to accident arising out of and in the course
originate. [Morenos Law Dict., 2000 of the employment. [Art. 167, LC].
Ed., p. 229]. Compare with Damages.
Initiative. Const. Law. The power of the Injustum est, nisi tota lege inspecta,
people to propose amendments to the de una aliqua ejus particula
Constitution or to propose and enact proposita indicare vel respondere.
legislations through an election called Lat. It is unjust to decide or to respond
for the purpose. [Sec. 3, RA 6735]. to any particular part of the law without
examining the whole of the law.
Initiative, systems of. Const. Law. [Morenos Law Dict., 2000 Ed., p. 231].
There are three (3) systems of initiative,
namely: 1. Initiative on the Constitution Inland bill of exchange. Nego. Inst. A
which refers to a petition proposing bill which is, or on its face purports to

318
be, both drawn and payable within the prejudicial to the peace, good order or
Philippines. Any other bill is a foreign security of the coastal state. [Sandoval,
bill. [Sec. 129, NIL]. Compare with Pol. Law Reviewer 2003].
Foreign bill of exchange.
Innominate contracts. They are
Inland fishery. The freshwater fishery contracts which do not have specific
and brackishwater fishponds. [Sec. 4, names under the Civil Code. [Diaz, Bus.
RA 8550]. Law Rev., 1991 Ed., p. 61]. Compare
with Nominate contracts.
In limine. Lat. At the beginning or on the
threshold. A motion In limine is a Innominate contracts. Kinds: (a) Do ut
motion that is tabled by one of the des (I give that you give); (b) do ut
parties at the very beginning of the legal facias (I give that you may do); (c) facio
procedures. [Duhaime's Legal Dict., ut facias (I make so you make); (d) I
2004]. make so you give). [Diaz, Bus. Law
Rev., 1991 Ed., p. 61].
In loco parentis. Lat. In the place of the
parent. 1. Actions of a custodian, Inofficious. In excess of the portion of
guardian or other person acting in the free disposal. [Vda. De Tupas v. Br.
parent's place. [Jurists Legal Dict., XLII, RTC of Negros Occ., GR L-65800.
2004]. 2. The rule established in Art. Oct. 3, 1986].
2180, in conjunction with Art. 2176 of
the Civil Code which provides that the Inofficious donation. 1. It occurs when
damage should have been caused or a person gives more than what he can
inflicted by pupils or students of the give by way of a last will and testament.
educational institution sought to be held In other words, the donation exceeds
liable for the acts of its pupils or the free portion of the estate of the
students while in its custody. [Phil. creditor. [Diaz, Bus. Law Rev., 1991 Ed.,
School of Bus. Admin. v. CA, GR 84698. p. 48-49]. 2. A donation which deprives
Jan. 4, 1992]. the donors heirs of that portion of the
estate to which the law entitles the
Innocent and virtuous woman. A heirs, of which the heirs cannot legally
woman who has never had illicit be deposed or disinherited, being
intercourse with any man, and who is contrary to the donors natural duty or
chaste and pure. [US v. Suan, GR 9201. affection. [Morenos Law Dict., 2000 Ed.,
Mar. 3, 1914, citing State v. Ferguson, p. 232]. See also Donation, when
107 NC 841]. inofficious.
Innocent non-disclosure of facts. The Innovation (utility model). Any new

concealment or non-disclosure of facts model of implement or tools of any
by a party where the means of industrial product or part of the same,
knowledge are at hand and equally which does not possess the quality or
available to both parties. [Morenos Law invention, but which is of practical utility
Dict., 2000 Ed., pp. 231-232]. by reason of its form, configuration,
construction or composition. [Sec. 1, PD
Innocent passage. Intl. Law. The right 1423].
of ships to pass through territorial
waters so long as they do not prejudice In pari delicto, potior est conditio
the peace, good order, and security of defendantis et possidentes. Lat.
the coastal state. [Intl. Law Dict. & Where both parties are equally in fault,
Direct., 2004]. the condition of the defendant is
preferable [Bouvier Law Dict.], or, as
Innocent passage, right of. Intl. Law. stated in a case, among those in equal
Navigation through the territorial sea of wrong, the situation of the defendant is
a state for the purpose of traversing the stronger. [Norris v. York, 105 Kan.
that sea without entering internal 448, 450, 185 P 43; 32 CJ 577. (Record
waters, or of proceeding to internal on Appeal, p. 209)].
waters, or making for the high seas
from internal waters, as long as it is not

319
In pari delicto, potior est conditio underlying a dispute without resolving

possidentis. Lat. Where both parties in the dispute itself. [Intl. Law Dict. &
a dispute are equally at wrong, the Direct., 2004].
person in possession of the contested
property will retain it (i.e., the law will In rem, accio or action. See Accio or
not intervene). [Duhaime's Legal Dict., action in rem.
2004].
In rem jurisdiction. Intl. Law. The
Inpatient education package. A set of power of a court to determine the
informational services made available to ownership rights of persons as to
an individual who is confined in a property located within the forum state.
hospital to afford him with knowledge [Intl. Law Dict. & Direct., 2004].
about his illness and its treatment, and Compare with In personam
of the means available, particularly jurisdiction.
lifestyle changes, to prevent the
recurrence or aggravation of such illness Insane delusion. A delusion manifested
and to promote his health in general. by a false belief for which there is no
[Sec. 1, RA 9241]. reasonable basis and which would be
incredible under the given
In personam, accio or accion. See circumstances to the same person if he
Accio or action personam. is of compos mentis. [People v. Dungo,
GR 89420. July 31, 1991].
In personam jurisdiction. Intl. Law.
The power of a court or tribunal to Insane person. 1. One who has an
determine the rights of a party who unsound mind or suffers from a mental
appears before it. [Intl. Law Dict. & disorder. 2. A person whose mental
Direct., 2004]. Compare with In rem disease has rendered him incapable of
jurisdiction. restraining himself although he
understands what he is doing and
In praesenti. Lat. At the present time. knows it is wrong. [Olarte, Legal Med.,
The opposite of In futuro. 1st Ed. (2004), p. 153].
Input subsidy. Assistance extended by Insanity. 1. A manifestation in language

the Government to the farmers in terms or conduct of disease or defect of the
of discounted prices of farm inputs such brain, or a more or less permanently
as fertilizer, pesticide and seed. [Sec. 4, diseased or disordered condition of the
RA 7607]. mentality, functional or organic, and
characterized by perversion, inhibition,
Input tax. The value-added tax due from or disordered function of the sensory or
or paid by a VAT-registered person in of the intellective faculties, or by
the course of his trade or business on impaired or disordered volition. [People
importation of goods or local purchase v. Ambal, GR L-52688. Oct. 17, 1980,
of goods or services, including lease or citing Sec. 1039 of the Rev. Admin.
use of property, from a VAT-registered Code]. 2. Lack of mental capacity to do
person. It shall also include the or abstain from doing a particular act;
transitional input tax determined in inability to distinguish right from wrong.
accordance with Sec. 111 of the [Jurists Legal Dict., 2004].
National Internal Revenue Code. [Sec.
110, NIRC, as amended]. Inscrutable fault doctrine. Mar. Ins.
Where fault is established but it cannot
Inquiry. From Lat. inquirere: to seek be determined which of the two vessels
after or to search for. Intl. Law. 1. An were at fault, both shall be deemed to
investigation of the points in question, have been at fault. [Suggested Answer
on the theory that their elucidation will for the 1997 Bar, UPLC, (2002), p. 65].
contribute to the solution of the Compare with Limited liability
problem. [Cruz, Intl. Law Reviewer, doctrine.
1996 Ed., p. 121]. 2. The process by
which an impartial third party makes an Insider. 1. It means: (a) the issuer; (b) a
investigation to determine the facts director or officer (or any person

320
performing similar functions) of, or a Inspect. To enter, examine and observe.

person controlling the issuer; gives or Under no circumstance, however, shall
gave him access to material information such entrance, examination and
about the issuer or the security that is observation be utilized to commit any
not generally available to the public; (d) act of intimidation or coercion nor shall
A government employee, director, or it be utilized to impair the civil rights of
officer of an exchange, clearing agency the individuals affected. [Sec. 166, RA
and/or self-regulatory organization who 3844].
has access to material information about
an issuer or a security that is not Inspection. Evid. The right of the
generally available to the public; or (e) a adverse party to inspect a writing
person who learns such information by a whenever the same is shown to a
communication from any forgoing witness.
insiders. [Sec. 3, RA 8799]. 2. A person,
such as a corporate officer, director, or Installment. Partial payment of a debt
majority shareholder, who has access to or collection of receivable. Different
material nonpublic information about a portions of the same debt payable at
company or the securities market. [Intl. different successive periods agreed.
Law Dict. & Direct., 2004]. [Blacks Law Dict., Abr. 5th Ed. (1983),
p. 407].
Insider trading. The use of material
nonpublic information about a company Installment sale. A commercial
or the securities market to buy or sell arrangement by which a buyer makes
securities for personal gain. [Intl. Law an initial downpayment and signs a
Dict. & Direct., 2004]. contract for payment of the balance in
installments over a period of time.
Insolvency. 1. Civ. Law. The condition of [Blacks Law Dict., Abr. 5th Ed. (1983),
a person when the liabilities are greater p. 407].
than the assets, so that the claims of
the creditors cannot be paid. [Torres, Instance. Request of urging. [Claridades,
Oblig. & Cont., 2000 Ed., p. 351]. 2. Ins. A., Compilation of Notes, 2001-2006].
The inability of an insurance company to
pay its lawful obligations as they fall due Instantaneous death. It does not
in the usual and ordinary course of necessarily mean the cessation of life
business as may be shown by its failure simultaneously with the infliction of the
to maintain the margin of solvency injury. In a death described as
required under Sec. 194 of the instantaneous, it is possible that the
Insurance Code, as amended by PD victim may survive the infliction of the
1141 and further amended by PD 1455. moral wound for as much as 15 to 20
[Sec. 249, IC]. minutes. [People v. Morin, GR 101794.
Feb. 24, 1995].
Insolvency Law. Act 1956 enacted on
May 20, 1909. Instanter principle. The express
revocation of the first will renders it void
Insolvent. 1. A person who either has because the revocatory clause of the
ceased to pay his debts in the ordinary second will, not being testamentary in
course of business or cannot pay his character, operates to revoke the
debts as they become due, whether previous will instantly upon the
insolvency proceedings have been execution of the will containing it.
commenced or not. [Art. 1636, CC]. 2. A [Claridades, A., Compilation of Notes,
person not able to pay his debts as they 2001-2006].
become due. [Duhaime's Legal Dict.,
2004]. Instigation. Incitation; urging;
solicitation; The act by which one incites
Insolvent debtor. One who is unable to another to do something, as to commit
pay all his debts in full. [Morenos Law some crime or to commence a suit.
Dict., 2000 Ed., p. 233]. [Blacks Law Dict., Abr. 5th Ed. (1983),
p. 407]. See also Inducement.

321
Institution. The commencement or to, or giving a lien, on property, or

inauguration of anything, as the giving a right to debt or duty. [Ang Giok
commencement of an action. [Blacks Chip v. Springfield Fire & Marine Ins.
Law Dict., Abr. 5th Ed. (1983), p. 407]. Co., GR 33637. Dec. 31, 1931, citing
Hoag v. Howard (1880), 55 Cal., 564].
Institutional buildings. School
buildings, hospitals, museums, display Instrumentality. Any agency of the
centers, government buildings and the National Government, not integrated
like. [Sec. 2, RA 7920]. within the department framework,
vested with special functions or
Institutional decision. A process by jurisdiction by law, endowed with some
which the reception of evidence is left to if not all corporate powers,
a subordinate while the final decision is administering special funds, and
made by the administration head, with enjoying operational autonomy, usually
the latter usually adopting the findings through a charter. This term includes
and recommendations of the hearing regulatory agencies, chartered
officer if found correct. [Morenos Law institutions and government-owned and
Dict., 2000 Ed., p. 233]. controlled corporations. [Sec. 2, Admin.
Code of 1987].
Institution of heirs. An act by virtue of
which a testator designates in his will Instrumental witness. A person who
the person or persons who are to attests that the party or parties to the
succeed him in his property and instrument signed the same in his
transmissible rights and obligations. presence, so that he is frequently
[Art. 840, CC]. referred to as a "Witness to the
signature and he is not bound to know
Instruction. Order to a bank to disburse or be aware of the contents of the
funds to a particular person. [Intl. Law document. [PNB v. CA, GR L-34404.
Dict. & Direct., 2004]. June 25, 1980].
Instructor training. Training aimed at Insubordination. 1. A deliberate and

developing capacities of persons for willful refusal to comply with a lawful
imparting attitudes, knowledge, skills request or order of a higher authority. It
and behavior patterns, required for involves disregard of proper authority
specific jobs, tasks, occupations or and a refusal to obey that authority.
group of related occupations. [Sec. 1, [Sobrepea, Carmelita G., CSC Res. 00-
Rule 1, Book 2, IRR of LC]. 1288, May 30, 2000]. 2. Utter disregard
of express or implied directions of the
Instrument. 1. Any thing that is used in employer and refusal to obey
or intended to be used in any manner in reasonable orders. [Words and Phrases,
the commission of illegal drug trafficking Vol. 21].
or related offenses. [Sec 3, RA 9165]. 2.
Any negotiable instrument as defined in Insult. To treat with insolence, indignity,
the Negotiable Instrument Law; any or contempt by word or action; to
certificate of stock, or bond or affront wantonly. [Poquiz, Labor Rel.
debenture for the payment of money Law, 1999 Ed. p. 359].
issued by a public or private
corporation, or any certificate of Insurable interest. 1. Every interest in
deposit, participation certificate or property, whether real or personal, or
receipt, any credit or investment any relation thereto, or liability in
instrument of a sort marketed in the respect thereof, of such nature that a
ordinary course of business or finance, contemplated peril might directly
whereby the entrustee, after the damnify the insured. [Sec. 13, IC]. 2. In
issuance of the trust receipt, appears by principle, anyone has an insurable
virtue of possession and the face of the interest in property who derives a
instrument to be the owner. [Sec. 3, PD benefit from its existence or would
115]. 3. Some written paper or suffer loss from its destruction whether
instrument signed and delivered by one he has or has not any title in, or lien
person to another, transferring the title upon or possession of the property.

322
Insurable interest in property may whose primary and predominant

consist in (a) an existing interest; (b) an business activity is the writing of
inchoate interest founded on an existing insurance or the reinsuring of risks
interest; or (c) an expectancy, coupled underwritten by insurance companies,
with an existing interest in that out of and which is subject to supervision by
which the expectancy arises. [Filipino the Insurance Commissioner; or any
Merchants v. CA, GR 85141. Nov. 28, receiver or similar official or any
1989]. liquidating agent for such a company, in
his capacity as such. [Sec. 3, RA 2629].
Insurance. A contract whereby, for a
stipulated consideration, one party Insurance contract. An agreement
undertakes to compensate the other for whereby one undertakes for a
loss on a specified subject by special consideration to indemnify another
perils. The party agreeing to make the against loss, damage or liability arising
compensation is usually called the from an unknown or contingent event.
insurer or underwriter; the other, [Sec. 2, IC].
the insured or assured; the agreed
consideration, the premium; the Insurance policy. See Policy of
written contract, the policy; the events insurance.
insured against, risks or perils; and
the subject, right, or interest to be Insured. The owner of the property
protected, the insurable interest. insured. [Tiopianco, Commentaries &
[Blacks Law Dict., Abr. 5th Ed. (1983), Jurisp. on the Ins. Code of the Phil.,
p. 408]. 1999 Ed., p. 23].
Insurance adjuster. Ordinarily, a Insurer. Also Insurance company. All

special agent for the person or company individuals, partnerships, associations,
for whom he acts, and his authority is or corporations, including government-
prima facie co-extensive with the owned or controlled corporations or
business entrusted to him. [Morenos entities, engaged as principals in the
Law Dict., 2000 Ed., p. 234]. insurance business, excepting mutual
benefit associations. [Sec. 184, IC].
Insurance agent. A person authorized
to represent the insurer in dealing with Insurgent government. A government
third parties in matters relating to established by rebels with the intent of
insurance. An agent employed by an replacing the existing government. [Intl.
insurance company to solicit insurance Law Dict. & Direct., 2004].
business. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 413]. Insurrection. See Rebellion.
Insurance broker. One who acts as a Intangible assets. Nonphysical items

middleman between the insured and the such as stock certificates, bonds, bank
insurance company, and who solicits accounts, and pension benefits that
insurance from the public under no have value and must be taken into
employment from any special company account in estate planning. [Glossary of
selected by the insurer or, in the Legal Terms (Pro-Se), 2004].
absence of any selection, with the
company selected by such broker. Intangible costs in petroleum
[Blacks Law Dict., Abr. 5th Ed. (1983), operations. Any cost incurred in
p. 413]. petroleum operations which in itself has
no salvage value and which is incidental
Insurance Code of 1978. PD 1460 to and necessary for the drilling of wells
entitled A Decree to consolidate and and preparation of wells for the
codify all the insurance laws of the production of petroleum. [Sec. 34,
Philippines signed into law on June 11, NIRC, as amended].
1978.
Integrated Pest Management (IPM).
Insurance company. A company which A pest management system which
is organized as an insurance company, utilizes all suitable methods and

323
techniques in as compatible a manner artistic and industrial information and

as possible to maintain the pest knowledge. [Intl. Law Dict. & Direct.,
population at a level below that causing 2004].
economically unacceptable damage or
loss without endangering the Intellectual Property Code of the
environment. [Sec. 4, RA 7607]. Philippines. RA 8293 entitled An Act
prescribing the Intellectual Property
Integrated school. A school that offers Code and establishing the Intellectual
a complete basic education in one Property Office, providing for its powers
school site and has unified instructional and functions, and for other purposes
program. [Sec. 4, RA 9155]. enacted on June 6, 1997.
Integrated water quality Intellectual property rights. The legal

management framework. The policy basis by which the indigenous
guideline integrating all the existing communities exercise their rights to
frameworks prepared by all government have access to, protect, control over
agencies contain the following; water their cultural knowledge and product,
quality goals and targets; (b) period of including but not limited to, traditional
compliance; (c) water pollution control medicines, and includes the right to
strategies and techniques; (d) water receive compensation for it. [Sec. 4, RA
quality information and education 8423].
program; (e) human resources
development program. [Sec 4, RA Intelligence. 1. The moral capacity to
9275]. determine what is right from what is
wrong and to realize the consequences
Integration of jural acts theory. Evid. of ones acts. [Gregorio, Fund. of Crim.
The theory under which previous acts Law Rev., 1997 9th Ed., p. 19]. 2. The
and contemporaneous transactions of second element of dolus; The power
the parties are deemed integrated and necessary to determine the morality of
merged in the written instrument which human acts to distinguish a licit from an
they have executed. When the parties illicit act without which no crime can
have reduced their agreement to exist. [Guevarra v. Almodovar, GR
writing, it is presumed that they have 75256. Jan. 26, 1989].
made the writing the only repository
and memorial of the truth, and Intent. A design; a determination to do a
whatever is not found in the writing certain thing; an aim, the purpose of the
must be understood to have been mind, including such knowledge as is
waived and abandoned. [Claridades, A., essential to such intent; the design
Compilation of Notes, 2001-2006]. resolve, or determination with which a
person acts. It is this intent which
Integrity. Soundness of moral comprises the third element of dolo as a
principle and character, as shown by means of committing a felony, freedom
one person dealing with others in the and intelligence being the other two.
making and performance of contract, [Guevarra v. Almodovar, GR 75256. Jan.
and fidelity and honesty in the discharge 26, 1989, citing 46 CJS Intent p. 1103].
of trusts; it is synonymous with 'probity,' Compare with Motive.
'honesty,' and 'uprightness.' [Dizon v.
Dollete, GR L-19838]. June 30, 1964, Intention. When used with reference to
citing Black's Law Dict., p. 94]. the construction of wills and other
documents, the term means the sense
Intellectual property. 1. The right of and meaning of it, as gathered from the
the author, artist, or inventor over his words used therein. [Blacks Law Dict.,
work (which is considered as his) Abr. 5th Ed. (1983), p. 415].
personal property). It consists in the
pecuniary benefit which the owner can Intentionada waiver. The voluntary
get by the reproduction or manufacture renunciation by the vendee of his right
of his work. [Tolentino, Civil Code of the to warranty in case of eviction with
Phil., Vol. II, Repr. 2001, p. 25, citing 2- knowledge of the risks of eviction and
II Collin & Capitant 492]. 2. Useful assumption of its consequences. [Diaz,

324
Bus. Law Rev., 1991 Ed., p. 135, citing in form, as in interstate. 2. with or on
Art. 1554]. each other (or one another), together,
mutual, reciprocal, mutually, or
Intentional abortion. Crim. Law. The reciprocally, as in interact. [Pepsi-Cola
felony committed by any person who Sales and Advertising Union v. Sec. of
shall intentionally cause an abortion, if Labor, GR 97092. July 27, 1992].
he shall use any violence upon the Compare with Intra.
person of the pregnant woman, or if,
without using violence, he shall act Inter alia. Lat. Among other things; for
without the consent of the woman, or if example; or, including. Legal drafters
the woman shall have consented. [Art. would use it to precede a list of
256, RPC]. examples or samples covered by a more
general descriptive statement.
Intentional. As used in an accident Sometimes they use an inter alia list to
policy excepting intentional injuries make absolutely sure that users of the
inflicted by the insured or any other document understand that the general
person, etc., the term implies the description covers a certain element
exercise of the reasoning faculties, (which was covered in the general
consciousness, and volition. Where a description anyway) without, in any
provision of the policy excludes way, restricting the scope of the general
intentional injury, it is the intention of element to include other things that
the person inflicting the injury that is were not singled out in the inter alia list.
controlling. If the injuries suffered by [Duhaime's Legal Dict., 2004].
the insured clearly resulted from the
intentional act of a third person the Inter-country adoption. The socio-
insurer is relieved from liability as legal process of adopting a Filipino child
stipulated. [Biagtan v. Insular Life, GR by a foreigner or a Filipino citizen
L-25579. Mar. 29, 1972]. permanently residing abroad where the
petition is filed, the supervised trial
Intentional cancellation. Nego. Inst. custody is undertaken, and the decree
Cancellation effected by destroying the of adoption is issued outside the
instrument either by tearing it up, Philippines. [Sec. 3, RA 8043].
burning it, or writing the word
"cancelled" on the instrument. The act Inter-Country Adoption Act of 1995.
of destroying the instrument must also RA 8043 entitled An Act establishing
be made by the holder of the instrument the rules to govern inter-country
intentionally. [State Investment House, adoption of Filipino children, and for
Inc. v. CA, GR 101163. Jan. 11, 1993]. other purposes enacted on June 7,
1995.
Intentional tort. Wrong perpetrated by
one who intends to break the law. Interest. 1. The compensation allowed
[Jurists Legal Dict., 2004]. by law or fixed by the parties for the
loan or forbearance of money, goods or
Intent to gain. Crim. Law. The intent to credits. [Teodoro & De Leon, Law on
obtain from the appropriation of the Income Taxation, 11th Ed. (2001), p.
thing some utility, advantage or benefit. 111]. 2. Any right in the nature of
[Gregorio, Fund. of Crim. Law Rev., property less than title. [PNB v. CA, GR
1997 9th Ed., p. 704]. 118357. May 6, 1997].
Intent to kill. Crim. Law. A mental Interested parties. Domestic producers

process, which may be inferred from the consumers, importers and exporters of
nature of the weapon used, the place of the products under consideration. [Sec.
the wound, the seriousness thereof, and 4, RA 8800].
the persistence to kill the victim. [People
v. Ty Sui Wong, GR L-32529. May 12, Interested party. In the estate of a
1978]. decedent, one who would be benefited
by the estate, such as an heir, or one
Inter. A prefix denoting: 1. between or who has a claim against the estate, such
among: the second element is singular

325
as a creditor. [Saguinsin v. Lindayag, functions. [Cruz, Intl. Law Reviewer,

116 Phil. 1193]. 1996 Ed., p. 25].
Interested person. A person one who Interim receipt. A document given to

would be benefited by the estate, such the insured to bind the company in case
as an heir, or one who has a claim a loss occurs pending action upon the
against the estate, such as a creditor; application and the actual issuance of a
this interest must be material and direct, policy. Such a receipt issued by the duly
not merely indirect or contingent. [Citing authorized agent of an insurance
Trillana v. Crisostomo, GR L-3378, Aug. company constitutes a temporary
22, 1951; Espinosa v. Barrios, 70 Phil. contract of insurance under which the
311]. company is liable for any loss occurring
during the period covered by it.
Interested witness. Rem. Law. A [Morenos Law Dict., 2000 Ed., p. 238].
witness who is a party to or a person
interested in the outcome of a case. Interior designer. A natural person who
[Morenos Law Dict., 2000 Ed., p. 238]. has been issued a certificate of
registration and a valid professional
Interest in land. The legal concern of a license by the Board of Interior Design.
person in the thing or property, or in the [Sec. 2, RA 8534].
right to some of the benefits or uses
from which the property is inseparable. Interior design, practice of. The act of
[PNB v. CA, GR 118357. May 6, 1997]. planning, designing, specifying,
supervising and giving general
Interest in the subject. A direct administration and responsible direction
interest in the cause of action as to the functional, orderly and aesthetic
pleaded, and which would put the arrangement and development of
intervenor in a legal position to litigate a interiors of buildings and residences that
fact alleged in the complaint, without shall contribute to the enhancement and
the establishment of which plaintiff safeguard of life, health and property
could not recover. [Magsaysay-Labrador and the promotion and enrichment of
v. CA, GR 58168. Dec. 19, 1989]. the quality of life. [Sec. 2, RA 8534].
Interest rate per centum per annum. Interlocking confessions. Evid. Extra-
An interest rate that is accrued solely judicial confessions independently made
upon the unpaid balance of any loan without collusion which are identical
principal which has actually been with each other in their essential details
advanced to a borrower and upon any and are corroborated by other evidence
interest payment which has become due on record are admissible, as
or been deferred and has not been paid circumstantial evidence, against the
by the borrower; computed on an person implicated to show the
annual basis. [Sec. 3, PD 269]. probability of the latter's actual
participation in the commission of the
Interest rei publicae ut finis sit crime. [People v. Molleda, 86 SCRA 667,
litium. Lat. The interest of the State 701 (1978)].
demands that there be an end to
litigation. [Henson v. Dir. of Lands, 37 Interlocking directors. Corp. Law. One,
Phil. 912, 917, Mar. 26, 1918]. some, or all of the directors in one
corporation is/are also director/directors
Interim Committee. Also Little in another corporation. [De Leon, Corp.
Assembly. A subsidiary to the General Code of the Phil. Annotated, 1989 Ed.,
Assembly of the United Nations created p. 227].
in 1947 for a term of one year and re-
established in 1949 for an indefinite Interlocutory. 1. Something intervening
term. It is composed of one delegate for between the commencement and the
each member-state, meets when the end of a suit which decides some point
General Assembly is in recess, and assist or matter but is not a final decision of
this body in the performance of its the whole controversy. [Prov. of Bohol
v. NWSA, L-30856, Feb. 27, 1970, 31

326
SCRA 841-42, quoting Black's Law Dict., Internal revenue. Taxes imposed by the
4th Ed., 1951 p. 951]. 2. Temporary; legislature other than duties on imports
provisional; interim; not final. [Glossary or exports. [Teodoro & De Leon, Law on
of Legal Terms (Pro-Se), 2004]. Income Taxation, 11th Ed. (2001), p. 10,
citing 1 Cooley 12].
Interlocutory injunction. Rem. Law.
An injunction which lasts only until the Internal union dispute. All disputes or
end of the trial during which the grievances arising from any violation of
injunction was sought. [Duhaime's Legal or disagreement over any provision of
Dict., 2004]. the constitution and by-laws of a union,
including any violation of the rights and
Interlocutory order. Rem. Law. 1. An conditions of union membership
order that does not dispose of a case provided for in the Labor Code. [Art.
completely, but leaves something more 212, LC].
to be done upon its merits. [Marcelo v.
de Guzman, GR L-29077, June 29, 1982, Internal waters. Also called as
114 SCRA 657]. 2. An order that does National or Inland waters. 1. Those
not finally dispose of the case, and does found in the bodies of water within the
not end the Court's task of adjudicating land mass and the waters in gulfs and
the parties' contentions and determining bays up to the point where the territorial
their rights and liabilities as regards waters begin. [Cruz, Intl. Law Reviewer,
each other, but obviously indicates that 1996 Ed., p. 61]. 2. Those waters inland
other things remain to be done by the of the baseline of a state's territorial
Court. [Atienza v. CA, GR 85455. June sea. [Intl. Law Dict. & Direct., 2004].
2, 1994]. Compare with Final order.
Internal waters of the Philippines.
Interloper. A person who, without legal The waters around, between, and
right, runs a business (e.g. without connecting the islands of the Philippine
mandatory licenses), or who wrongfully archipelago, regardless of their breadth
interferes or intercepts another's and dimensions. [Art. I, 1987 Phil.
business. [Duhaime's Legal Dict., 2004]. Const.].
Intermediary. A person who in behalf of International administrative law. The

another person and with respect to a body of rules formulated by states,
particular electronic document sends, usually in international conventions, for
receives and/or stores provides other the purpose of regulating their relations
services in respect of that electronic and activities in connection with such
data message or electronic non-political matters as international
document. [Sec. 5, RA 8792]. communication, patents and copyrights,
promotion of health, education, and
Internal control. The plan of crime prevention. [Cruz, Intl. Law
organization and all the coordinate Reviewer, 1996 Ed., p. 4].
methods and measures adopted within
an organization or agency to safeguard International carriage. Any carriage in
its assets, check the accuracy any which, according to the agreement
reliability of its accounting data, and between the parties, the place of
encourage adherence to prescribed departure and the place of destination,
managerial policies. [Sec. 123, PD whether or not there be a breach in the
1445]. carriage or a transshipment, are
situated either within the territories of
Internally generated funds. Funds two High Contracting Parties or within
obtained from net revenues, funds the territory of a single High Contracting
arising from depreciation 7provisions, Party if there is an agreed stopping
income from investment in securities, place within the territory of another
sale of corporate property, and other State, even if that State is not a High
transactions performed in the course of Contracting Party. [Pan Amer. World
corporate activity. [Sec. 3, EO 518]. Airways v. Rapadas, GR 60673]. May
19, 1992, citing Art. 1, par. 2, Warsaw
Convention].

327
taxes in two or more states on the same

International comity. 1. Courteous and taxpayer in respect of the same subject
friendly agreement and interaction matter and for identical periods.
between nations. [De Leon, [Claridades, A., Compilation of Notes,
Fundamentals of Taxation, 2000 Ed., p. 2001-2006].
47]. 2. The informal and non-mandatory
courtesy sometimes referred to as a set International law. 1. Body of rules
of rules to which the courts of one which regulates the community of
sovereign often defer in determining nations. [Suarez, Stat. Con., (1993), p.
questions (as of jurisdiction or 38]. 2. A combination of treaties and
applicable precedent) when the laws or customs which regulates the conduct of
interests of another sovereignty are states amongst themselves. The highest
involved. [Websters 3rd Intl. Dict., 1976 judicial authority of international law is
Ed.]. the International Court of Justice and
the administrative authority is the
International community. The body of United Nations. [Duhaime's Legal Dict.,
juridical entities which are governed by 2004].
international law. It is often traditionally
called the family of nations. [Cruz, Intl. International Law Commission. A
Law Reviewer, 1996 Ed., p. 11]. body created by the General Assembly
in 1947 for the promotion of the
International competitions. progressive development of
International sports competitions which international law and its codification,
are sanctioned by the International composed of twenty-five members, of
Olympic Committee (IOC) or held every recognized competence in international
four (4) years including qualifying law, elected by the General Assembly
championships in team sports wherein for a term of three years and eligible for
only one (1) or two (2) countries may re-election. [Cruz, Intl. Law Reviewer,
qualify for the Olympics or World 1996 Ed., p. 6].
Championships. Competitions granting
prize money or those held in honor of International organizations. Intl. Law.
any personality or sponsor shall not be Institutions constituted by international
included. [Sec. 3, RA 9064]. agreement between two or more states
to accomplish common goals. The legal
International Court of Justice. The personality of these international
judicial organ of the United Nations and organizations has been recognized not
superseded by the Permanent Court of only in municipal law, but in
International Justice under the League international law as well. [Sandoval, Pol.
of Nations. The World Court, as it is Law Reviewer 2003].
popularly known, is governed by a
Statute annexed to the Charter of the International party. An entity whose
United Nations. [Cruz, Intl. Law place of business is outside the
Reviewer, 1996 Ed., p. 123]. Philippines. It shall not include a
domestic subsidiary of such international
International dispute. An actual party or a co-venturer in a joint venture
disagreement between states regarding with a party which has its place of
the conduct to be taken by one of them business in the Philippines. [Claridades,
for the protection or vindication of the A., Compilation of Notes, 2001-2006].
interests of the other. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 119]. International port of entry. Any port
or seaport declared as such by the
International ethics. The dealings of relevant authorities where international
states with one another which stress aircraft or vessels flying routes
considerations of justice and morality. customarily stop to discharge and load
[Cruz, Intl. Law Reviewer, 1996 Ed., p. foreign trade goods, repairs,
4]. transshipment of cargo, or
disembarkation of passengers, and for
International juridical double which reasons customs and immigration
taxation. The imposition of comparable officers are stationed thereat for

328
purpose of enforcing the collection of Inter partes. Lat. Between parties.

corresponding duties, taxes or fees. [Duhaime's Legal Dict., 2004].
[Customs Admin. Order 3-95, Dec. 6,
1995]. Interpleader. 1. An action brought by a
person against the conflicting claimants
International public order or public to compel them to interplead and
policy. In conflict of laws, the general litigate their several claims among
principle whereby courts may refuse to themselves, whenever conflicting claims
enforce contracts or foreign judgments upon the same subject matter are or
or foreign arbitral awards which they may be made against him, who claims
deem to be repugnant to the forum's no interest whatever in the subject
essential principles of morality and matter, or an interest which in whole or
justice, or, in some cases, to the basic in part is not disputed by the claimants.
policies and interests of the forum State. [Sec. 1, Rule 62, RoC]. 2. A remedial
[Tetley, Glossary of Conflict of Laws, action whereby a person who has
2004]. property in his possession or who has
an obligation to render, goes to court
International sale. A sale involving a and asks that persons who claim the
buyer and seller with places of business said property or who consider
in different states. [Intl. Law Dict. & themselves entitled to demand
Direct., 2000]. compliance with the said obligation, be
required to litigate among themselves in
International taxation. The order to determine who is the rightful
operationalization of the tax system on owner or claimant. Upon filing of the
an international level. As it is, complaint, the court issues an order
international taxation deals with the tax requiring the conflicting claimants to file
treatment of goods and services their answer setting forth their
transferred on a global basis, respective claims. In this action, there is
multinational corporations and foreign no need to cite a cause of action since
investments. [Comm. of Int. Rev. v. the plaintiff does not seek to enforce a
Procter & Gamble Phil. Manufacturing right or redress a wrong. In a manner of
Corp., GR 66838. Dec. 2, 1991]. speaking, although he starts the action,
he seeks to wash his hands of litigation
International transportation. Any by retiring to one side and let the
transportation in which, according to the claimants contend for their right of
contract made by the parties, the place property that is in his possession.
of departure and the place of [Claridades, A., Compilation of Notes,
destination, whether or not there be a 2001-2006].
break in the transportation or a
transshipment, are situated [either] Interpretare concordare legibus est
within the territories of two High optimus interpretandi. Lat. Every
Contracting Parties. [Santos III v. statute must be so construed and
Northwest Orient Airlines, GR 101538. harmonized with other statutes as to
June 23, 1992, citing par. (2), Art. 1 of form a uniform system of jurisprudence.
the Warsaw Convention]. [Rep. v. Asuncion, 231 SCRA 211, 232
[1994], citing Ruben E. Agpalo, Stat.
International travelers. Any individual Construction 192 (2nd Ed., 1990)].
who arrives from a foreign destination,
as evidenced by a passport and Interpretatio fienda est ut res magis
passenger ticket. [Customs Admin. valeat quam pereat. Lat. Such
Order 3-95, Dec. 6, 1995]. interpretation is to be adopted so that
the law may continue to have efficiency
Internet. An network of electronic rather than fail. [People v. Simon, GR
networks, a communications medium, 93028. July 29, 1994].
and an information repository. [Intl. Law
Dict. & Direct., 2004]. See World Wide Interpretation. The act of making
Web. intelligible what was before not
understood, ambiguous, or not obvious.
It is a method by which the meaning of

329
language is ascertained. [NIA v. Gamit, manifestations of any religion. [Art. 132,

GR 85869. Nov. 6, 1992]. RPC].
Interpretation of contracts. Such Intertemporal law. Intl. Law. The legal

interpretation as would allow the literal rule that the validity of a state's action is
meaning of the stipulations of the determined by the accepted rule of
contract to control, if its terms are clear international law at the time the action
and leave no doubt upon the intention was taken and not by a rule of law
of the contracting parties. However, if adopted later. [Intl. Law Dict. & Direct.,
the words appear to be contrary to the 2004].
evident intention of the parties, the
latter shall prevail over the former. [Art. Intertemporal law doctrine. Intl. Law.
1370, CC]. Legal doctrine that practices regarded
as lawful in the past will continue to be
Interpretatio talis in ambiguis respected in the future. [Intl. Law Dict.
semper frienda est, ut evitatur & Direct., 2004].
inconveniens et absurdum. Lat.
Where there is ambiguity, such Inter-union controversy or dispute. A
interpretation as will avoid dispute occurring or carried on between
inconvenience and absurdity is to be or among unions. [Pepsi-Cola Sales and
adopted. [Comm. of Int. Rev. v. CTA, Advertising Union v. Sec. of Labor, GR
GR 83736. Jan. 15, 1992]. 97092. July 27, 1992]. Compare with
Intra-union conflict.
Interpretative clause. That part of the
statute where the legislature defines its Intervenor. A person who has a legal
own language or prescribes rules for its interest in the matter in litigation, or in
construction. [Suarez, Stat. Con., the success of either of the parties, or
(1993), p. 49]. an interest against both, or is so
situated as to be adversely affected by a
Interpretative rules. Rules designed to distribution or other disposition of
provide guidelines to the law which the property in the custody of the court or
administrative agency is in charge of of an officer thereof who may, with
enforcing. [Misamis Or. Assoc. of Coco leave of court, be allowed to intervene
Traders v. DOF Sec., GR 108524. Nov. in the action. [Sec. 1, Rule 19, RoC].
10, 1994]. Compare with Legislative
rule. Intervention. Intl Law. An act by which
a state interferes with the domestic or
Interrogatories. A set or series of foreign affairs of another state or states
written questions propounded to a through the employment of force or
party, witness, or other person having threat of force. Such force may be
information or interest in a case; a physical or, in the present state of world
discovery device. [Glossary of Legal affairs, even political or economic.
Terms (Pro-Se), 2004]. [Sandoval, Pol. Law Reviewer 2003].
Interruption of good faith. The Intervention. Rem. Law. 1. A

cessation of possession in good faith proceeding by which a person who has
from the moment defects in the title are legal interest in the matter in litigation,
made known to the possessor, by or in the success of either of the parties,
extraneous evidence or by suit for the or an interest against both, or when he
recovery of the property by the true is so situated as to be adversely
owner. [Tolentino, Civil Code of the affected by a distribution or other
Phil., Vol. II, Repr. 2001, p. 256, citing disposition of property in the custody of
Ortiz v. Cayanan, 92 SCRA 246]. the court or of an officer thereof may,
with leave of court, be allowed to
Interruption of religious worship. intervene in an action [Sec 1, Rule 19,
Crim. Law. The felony committed by any RoC]. 2. A proceeding in a suit or action
public officer or employee who shall by which a third person is permitted by
prevent or disturb the ceremonies or the court to make himself a party, either
joining plaintiff in claiming what is

330
sought by the complaint, or uniting with [Rodriguez v. ECC, GR 46454. Sep. 28,
defendant in resisting the claims of 1989].
plaintiff, or demanding something
adversely to both of them; the act or Intimidation. Unlawful coercion;
proceeding by which a third person extortion; duress; putting in fear.
becomes a party in a suit pending [People v. Alfeche, GR 102070. July 23,
between others; the admission, by leave 1992, citing Black's Law Dict., 5th Ed.
of court, of a person not an original (1979), 737].
party to pending legal proceedings, by
which such person becomes a party Intimidation to vitiate consent. There
thereto for the protection of some right is intimidation when one of the
of interest alleged by him to be affected contracting parties is compelled by a
by such proceedings. [33 CJ, 477, cited reasonable and well-grounded fear of an
in Garcia, v. David, 67 Phil. 279, p. imminent and grave evil upon his person
282]. 3. An action by which a third or property, or upon the person or
person who may be affected by a property of his spouse, descendants or
lawsuit is permitted to become a party ascendants, to give his consent. [Art.
to the suit. [Jurists Legal Dict., 2004]. 1335, CC].
Inter vivos. Lat. From one living person Intimidation to vitiate consent.
to another living person. [Duhaime's Requisites: (a) That the intimidation
Legal Dict., 2004]. caused the consent to be given; (b) that
the threatened act be unjust or
Intestate. 1. Dying without a will. unlawful; (c) that the threat be real or
[Duhaime's Legal Dict., 2004]. 2. The serious, there being evident
status of a person who dies without disproportion between the evil and the
leaving a will. [Jurists Legal Dict., resistance which all man can offer,
2004]. leading to the choice of doing that act
which is forced on the person to do as
Intestate estate. The estate of a the lesser evil; and (d) that it produces
deceased person without a will. The a well-grounded fear from the fact that
estate is settled by the laws of intestacy the person from whom it comes has the
provided in the Civil Code. [Bench Book necessary means or ability to inflict the
for Trial Court Judges, p. 3-1]. Compare threatened injury to his person or
with Testate estate. property. [Lichauco de Leon v. CA, GR
80965, 186 SCRA 345 (1990)].
Intestate heirs. Also Legal heirs.
Those who inherit by their own right, Intoxication. The term comprehends a
and those who inherit by the right of situation where, by reason of drinking
representation. [Rosales v. Rosales, GR intoxicants, an individual does not have
L-40789. Feb. 27, 1987]. the normal use of his physical or mental
faculties, thus rendering him incapable
Intestate succession. Also Legal of acting in the manner in which an
succession. 1. That which is effected ordinarily prudent and cautious man, in
by operation of law in default of a will. full possession of his faculties, using
[Jurado, Comments & Jurisp. on reasonable care, would act under like
Succession, 1991 8th Ed., p. 15]. 2. A conditions. [Blacks Law Dict., Abr. 5th
succession of property when the Ed. (1983), p. 423].
deceased has left no will, or when the
will has been revoked. [Jurists Legal Intra. A prefix meaning "within, inside
Dict., 2004]. Compare with of, as in intramural, intravenous.
Testamentary succession. [Pepsi-Cola Sales and Advertising Union
v. Sec. of Labor, GR 97092. July 27,
Intestinal obstruction. A condition in 1992]. Compare with Inter.
which the passage of intestinal contents
is arrested or seriously impaired. This is Intra-corporate controversy. A
due to causes which are either controversy which arises between a
mechanical, vascular or neurogenic. stockholder and the corporation. [Philex

331
Mining v. Reyes, 118 SCRA 602, 605, him to apply properly, faithfully and
606]. according to such confidence. [Robles v.
CA, GR 59640. July 15, 1991, citing
In transit. On the way or passage; while Bouvier's Law Dict., Baldwins Century
passing from one person or place to Ed., p. 1192].
another. In the course of transportation.
[Calme v. CA, GR 116688. Aug. 30, Inure. To take effect, to result; to come
1996, citing Black's Law Dict., p. 738]. into operation. [Duhaime's Legal Dict.,
2004].
In transitu. Lat. In transit; on the way or
passage; while passing from ones Invalid delegation. If there are gaps in
person or place to another. In the the law that will prevent its enforcement
course of transportation. [Blacks Law unless they are first filled, the delegate
Dict., Abr. 5th Ed. (1983), p. 423]. will then have been given the
opportunity to step in the shoes of the
Intra-union conflict. A conflict within or legislature and exercise a discretion
inside a labor union. [Pepsi-Cola Sales essentially legislative in order to repair
and Advertising Union v. Sec. of Labor, the omissions. [Guingona v. Carague,
GR 97092. July 27, 1992]. Compare with GR 94571. Apr. 22, 1991. citing Cruz,
Inter-union controversy or dispute. Phil. Pol. Law, pp. 97-99, 1987 Ed.].
Intra vires act. Corp. Law. An act which Invention. 1. Any patented machine,
is within the express, implied or product, process, including implements
incidental powers of the corporation. or tools and other related gadgets of
[Diaz, Bus. Law Rev., 1991 Ed., p. 277]. invention, utility model and industrial
Compare with Ultra vires act. design patents. [Sec. 3, RA 7459]. 2.
Any new and useful machine
Intriguing against honor. Crim. Law. manufactured product or substance,
The felony committed by any person process or any improvement thereof
who shall make any intrigue which has that satisfies the requirement of novelty,
for its principal purpose to blemish the utility and operativeness. [Sec. 1, PD
honor or reputation of a person. [Art. 1423].
364, RPC].
Invention not considered new or
Intrinsic ambiguity. Also Latent patentable. An invention which shall
ambiguity. When the writing on its not be considered new or capable of
face appears clear but there are being patented if it was known or used
collateral matters or circumstances by others in the Philippines before the
which make the meaning certain. invention thereof by the inventor named
[Claridades, A., Compilation of Notes, in an application for patent for the
2001-2006]. Compare with Extrinsic or invention; or if it was patented or
patent ambiguity. described in any printed publication in
the Philippines or any foreign country
Intrinsic fraud. It takes the form of acts more than one year before the
of a party in a litigation during the trial, application for a patent therefor; or if it
such as the use of forged instruments or had been in public use or on sale in the
perjured testimony, which did not affect Philippines for more than one year
the present action of the case, but did before the application for a patent
present a fair and just determination of therefor; or if it is the subject matter of
the case. [Libudan v. Gil, 45 SCRA 17]. a validly issued patent in the Philippines
Compare with Extrinsic or collateral granted on an application filed before
fraud. the filing of the application for patent
therefor. [Sec. 9, RA 165].
Introduction. Bringing species into the
wild that is outside its natural habitat. Inventions not patentable. An
[Sec. 5, RA 9147]. invention which shall not be patentable
if it is contrary to public order or morals,
In trust. An obligation upon a person or to public health or welfare, or if it
arising out of a confidence reposed in constitutes a mere idea, scientific

332
principle or abstract theorem not does not include an investment

embodied in an invention as specified in company, any person who acts as an
Sec. 7 of RA 165, or any process not underwriter in isolated transactions, but
directed to the making or improving of a not as a part of a regular business, or
commercial product. [Sec. 8, RA 165]. any person solely by reason of the fact
that such person is an underwriter for
Inventions patentable. Any invention one or more investment companies.
of a new and useful machine, [Sec. 3, RA 2629].
manufactured product or substance,
process, or an improvement of any of Investment company. Any issuer which
the foregoing, which shall be is or holds itself out as being engaged
patentable. [Sec. 7, RA 165]. primarily, or proposes to engage
primarily, in the business of investing,
Inventor. The patentee, heir, or reinvesting, or trading in securities.
assignee, of an invention letters patent, [Sec. 4, RA 2629].
utility model letters or industrial design
letters patent. [Sec. 3, RA 7459]. Investment Incentive Policy Act of
1983. Batas Pambansa Blg. 391
Inventory. 1. An itemized list of supplies enacted on Apr. 28, 1983. [Expressly
or property on hand containing repealed by EO 226 on July 16, 1987].
designation or description of each
specific article with its valuation. [IRR Investments Promotion Act for Less
on Supply & Prop. Mgt., per Sec. 383, Developed Areas. Batas Pambansa
LGC]. 2. A list or schedule or Blg. 44 entitled An Act to promote
enumeration in writing, containing, investments in less developed areas
article by article, the goods and chattels enacted on Nov. 26, 1979. [Expressly
of a person. [McCullough v. R. Aenlle & repealed by EO 226 on July 16, 1987].
Co., GR 1300, Feb. 3, 1904, citing 17
Am. and Eng. Enc. of Law, 419]. Investors and Invention Incentives
Act of the Philippines. RA 7459
Investigate. 1. To examine, explore, entitled An Act providing incentives to
inquire or delve or probe into, research Filipino investors and expanding the
on, study. 2. To observe or study functions of the technology application
closely: inquire into systematically: to and promotion institute, appropriating
search or inquire into: to subject to an funds therefor, and for other purposes
official probe; to conduct an official enacted on Apr. 28, 1992.
inquiry. [Cario v. CHR, GR 96681. Dec.
2, 1991, citing Webster's 3rd New Intl. Invoice. 1. A detailed statement of the
Dict.]. nature, quantity and cost of the thing
sold and has been considered not a bill
Investigation. An inquiry, judicial or of sale. [Norkis Distributors, Inc. v. CA,
otherwise, for the discovery and GR 91029. Feb. 7, 1991, citing Am. Jur.
collection of facts concerning the matter 2nd Ed., Vol. 67, p. 378]. 2. A list of the
or matters involved. [Anti-graft League items sought to be purchased and their
v. Ortega, GR L-33912. Sep. 11, 1980, prices. [Ramos v. CA, GR L-39922-25.
citing Ballentine's Law Dict. with Aug. 21, 1987].
Pronunciation, 1930 ed., p. 682].
Involuntarily committed child. A child
Investment. 1. Equity participation in whose parent(s), known or unknown,
any enterprise formed, organized or has been permanently and judicially
existing under the laws of the deprived of parental authority due to
Philippines. [Art. 44, EO 226, July 16, abandonment; substantial, continuous,
1987]. 2. A commitment of money or or repeated neglect; abuse; or
capital in order to earn a financial incompetence to discharge parental
return. [Intl. Law Dict. & Direct., 2000]. responsibilities. [Sec. 3, RA 8552].
Compare with Voluntarily committed
Investment banker. Any person child.
engaged in the business of underwriting
securities issued by other persons, but

333
Involuntary dissolution. The Iron curtain rule. Succession 1. The

dissolution of a corporation by the SEC rule that an illegitimate child has no
upon filing of a verified complaint and right to inherit ab intestato from the
after proper notice and hearing on the legitimate children and relatives of his
grounds provided by existing laws, rules father or mother; nor shall such children
and regulations. [Sec. 121, Corp. Code]. or relatives inherit in the same manner
from the illegitimate child. [Art. 992,
Involuntary entrance. See Arrival CC]. 2. The rule enunciated under Art.
under stress. 992 of the Civil Code that provides a
barrier or iron curtain in that it prohibits
Involuntary servitude. 1. A condition of absolutely a succession ab intestato
enforced, compulsory service of one to between the illegitimate child and the
another. [Rubi v. Prov. Board of legitimate children and relatives of the
Mindoro, 39 Phil. 660, 708]. 2. The father or mother of said illegitimate
condition of one who is compelled by child. They may have a natural tie of
force, coercion, or imprisonment, and blood, but this is not recognized by law
against his will, to labor for another, for the purpose of Art. 992. Between the
whether he is paid or not. [Aclaracion v. legitimate family and the illegitimate
Gatmaitan, GR L-39115. May 26, 1975, family there is presumed to be an
citing Black's Law Dict., 4th Ed., p. 961]. intervening antagonism and
incompatibility. The illegitimate child is
Involuntary statement. A statement of disgracefully looked down upon by the
the accused who was not assisted by legitimate family; and the family is in
counsel which is deemed, in turn, hated by the illegitimate child; the
contemplation of law, to be involuntary, latter considers the privileged condition
even if it were otherwise voluntary, of the former, and the resources of
technically. [Morenos Law Dict., 2000 which it is thereby deprived; the former,
Ed., p. 243]. in turn, sees in the illegitimate child
nothing but the product of sin, palpable
Involuntary trust. See Constructive evidence of a blemish broken in life; the
trust. law does no more than recognize this
truth, by avoiding further ground of
Iodine deficiency disorder. A broad resentment. [Diaz v. IAC, GR 66574.
spectrum of deficiencies resulting from Feb. 21, 1990, citing 7 Manresa 110].
lack of iodine in the diet which leads to Also known as Rule of barrier
the reduction of intellectual and physical between the legitimate family and
capacity affecting everyone who is the illegitimate family. See also Rule
iodine-deficiency and may manifest as of barrier between the legitimate
goiter, mental retardation, physical and family and illegitimate.
mental defects, and cretinism. [Sec. 4,
RA 8172]. Irregular execution. As a rule, the
failure of the writ to conform to the
IP Code. RA 8293 also known as the decree of the decision executed. [Canlas
Intellectual Property Code of the v. CA, GR L-77691. Aug. 8, 1988].
Philippines. [Sec. 3, RA 9239].
Irregular indorser. Nego. Inst. A person
Ipinagbili. Tag. Sold. [Morenos Law who, not otherwise a party to an
Dict., 2000 Ed., p. 243]. instrument, places thereon his signature
in blank before delivery. [Sec. 64, NIL].
Ipso facto. Lat. By the fact itself; by the
mere fact. [Angara v. Gorospe, GR L- Irregularities in the performance of
9230. Apr. 22, 1957]. duties. The improper performance of
some act which might lawfully be done.
Iridodialysis. The separation or [Sec. 8, PD 971].
loosening of the iris from its attachment.
[Aguja v. GSIS, GR 84846. Aug. 5, Irrelevant. In pleadings and in
1991]. objections to questions and
manifestations, the term conveys the
idea that the matter objected to is not

334
directly connected with, related to, nor irresistible impulse when, by reason of
in any manner having any bearing to duress or mental disease, he has lost
the issue involved. [Morenos Law Dict., the power to choose between right and
2000 Ed., p. 244]. wrong, to avoid the act in question, his
free agency being at the time destroyed.
Irrelevant evidence. Evidence which [People v. Dungo, GR 89420. July 31,
has no probative value. [Francisco, 1991]. Compare with Delusion
Evidence, Vol. VII, Part 1, 1997 Ed., p. impulse test and Right and wrong
7]. Compare with Relevant evidence. test.
Irreparable damages. Within the Irretrospectivity. See Prospectivity.

meaning of the rule relative to the
issuance of injunction, such damages Irrevocable beneficiary. The person
where there is no standard by which designated to receive the proceeds of
their amount can be measured with the policy in the event of death of the
reasonable accuracy. [SSS v. Bayona, 5 Insured. [Tiopianco, Commentaries &
SCRA 126, 130-131 (1962)]. Jurisp. on the Ins. Code of the Phil.,
1999 Ed., p. 28].
Irreparable injury. An injury of such
constant and frequent recurrence that Irrevocable credit. The duration of the
no fair and reasonable redress can be letter of credit. What it simply means is
had therefor in a court of law, or where that the issuing bank may not without
there is no standard by which their the consent of the beneficiary (seller)
amount can be measured with and the applicant (buyer) revoke his
reasonable accuracy, that is, it is not undertaking under the letter. The
susceptible of mathematical issuing bank does not reserve the right
computation. [Allundorff v. Abrahanson, to revoke the credit. [Feati Bank & Trust
38 Phil. 58 cited in Phil. Virginia Tobacco Co. v. CA, GR 94209. Apr. 30, 1991].
v. De los Angeles, 164 SCRA 555 Compare with Confirmed letter of
(1988)]. An injury which cannot be credit.
adequately compensated in damages
due to the nature of the injury itself or Irrevocable letter of credit. One that
the nature of the right or property constitutes a definite undertaking of the
injured or when there exists no certain issuing bank, provided that the
pecuniary standard for the stipulated documents are presented and
measurement of damages. [PAL v. that the terms and conditions of the
NLRC, GR 120567. Mar. 20, 1998, citing credit are complied with: i. if the credit
Moreno, Phil. Law Dict., 1982 ed., p. provides for sight payment to pay, or
321]. that payment will be made; ii. if the
credit provides for deferred payment
Irresistible force. One that must to pay, or that payment will be made,
produce such an effect upon the on the date(s) determinable in
individual that, in spite of all resistance, accordance with the stipulations of the
it reduces him to a mere instrument credit; iii. if the credit provides for
and, as such, incapable of committing a acceptance to accept drafts drawn by
crime. [People v. Fernando, GR L- the beneficiary if the credit stipulates
24781. May 29, 1970]. that they are to be drawn on the issuing
bank, or to be responsible for their
Irresistible impulse rule. The rule acceptance and payment at maturity if
which provides that a person is the credit stipulates that they are to be
considered insane when mental disease drawn on the applicant for the credit or
has rendered him incapable of any other drawee stipulated in the
restraining himself although he credit; iv. if the credit provides for
understands what he is doing and negotiation to pay without recourse
knows it is wrong. [Olarte, Legal Med., to drawers and/or bona fide holders,
1st Ed. (2004), p. 153]. draft(s) drawn by the beneficiary, at
sight or at a tenor, on the applicant for
Irresistible impulse test. The test the credit or on any other drawee
under which a person acts under an stipulated in the credit other than the

335
issuing bank itself, or to provide for

negotiation by another bank and to pay, Isip-bata. Tag. One who thinks like a
as above, if such negotiation is not child despite his age. [People v. Antonio,
effected. [Bank of America v. CA, GR GR 107950. June 17, 1994].
105395. Dec. 10, 1993, citing Art. 10 of
the UCP]. Islamic banking business. A banking
business whose aims and operations do
Irrigable lands. Lands which display not involve interest (Riba) which is
marked characteristics justifying the prohibited by the Islamic Shari'a
operation of an irrigation system. [Sec. principles. [Sec. 44, RA 6848].
4, RA 8435].
Islamic law. The law according to the
Irrigated lands. 1. Lands serviced by Muslim faith and as interpreted from the
natural irrigation or irrigation facilities. Koran. Islamic law is probably best
These include lands where water is not known for deterrent punishment, which
readily available as existing irrigation is the basis of the Islamic criminal
facilities need rehabilitation or system and the fact that there is no
upgrading or where irrigation water is separation of church and state. Under
not available year-round. [Sec. 4, RA Islamic law, the religion of Islam and
8435]. 2. Agricultural lands which are the government are one. Islamic law is
supported by irrigation services. [Sec. 4, controlled, ruled and regulated by the
RA 7607]. Islamic religion. [Duhaime's Legal Dict.,
2004].
Irrigation district. A public quasi
corporation, organized, however, to Isolated distribution system. The low
conduct a business for the private or high voltage backbone system of
benefit of the owners of land within its wires and associated facilities not
limits. They are members of the directly connected to the national
corporation, control its affairs, and alone transmission system. [Sec. 4, RA 9136].
are benefited by its operations. It is, in
the administration of its business, the Isolated transaction. A transaction or
owner of its system in a proprietary series of transactions set apart from the
rather than a public capacity, and must common business of a foreign
assume and bear the burdens of enterprise in the sense that there is no
proprietary ownership. [Fontanilla v. intention to engage in a progressive
Maliaman, GR 55963 & 61045. Feb. 27, pursuit of the purpose and object of the
1991]. business organization. [Eriks Pte. Ltd. v.
CA, GR 118843. Feb. 6, 1997].
Irrigation system. A system of irrigation
facilities covering contiguous areas. Issue. 1. The disputed point in a
[Sec. 4, RA 8435]. disagreement between parties in a
lawsuit. 2. To send out officially, as in
Irrigators' association (IA). An to issue an order. [Glossary of Legal
association of farmers within a Terms (Pro-Se), 2004]. 3. Nego. Inst.
contiguous area served by a National The first delivery of the instrument,
Irrigation System or Communal complete in form, to a person who takes
Irrigation System. [Sec. 4, RA 8435]. it as a holder. [Sec. 191, NIL].
Irritant. Any substance not corrosive Issued capital stock. See Outstanding
which, on immediate, prolonged or capital stock.
repeated contact with normal living
tissue will induce a local inflammatory Issue preclusion. See Preclusion of
reaction. [Art. 4, RA 7394]. issues.
Irrumation. See Fellatio. Issuer. 1. The originator, maker, obligor,

or creator of the security. [Sec. 3, RA
Isang dipa. Tag. One arm's length. 8799]. 2. Every person who issues or
[People v. Bustos, GR 35475. Mar. 16, proposes to issue any security, or has
1989].

336
outstanding any security which it has [People v. Rapanut, GR 106817. Oct.

issued. [Sec. 3, RA 2629]. 24, 1996].
Issue slip. The document used as

evidence in the transfer of non-
consumable supplies or property from
the general services officer, municipal or
barangay treasurer, as the case may be,
to a department head for issuance to
the end-user. [IRR on Supply & Prop.
Mgt., per Sec. 383, LGC].
-J-
Issuing bank. See Opening bank.
Jaundice. A morbid condition
Ita semper fiat relatio ut valeat characterized by yellowness of the eyes,
dispositio. Lat. The interpretation must skin and urine, constipation and loss of
always be such that the disposition may appetite. [Vda. De Tumolva v. ECC, GR
prevail. [Maddumba v. GSIS, GR 61293. L-46187. Jan. 16, 1986, citing Maloy,
Feb. 15, 1990]. Medical Dict. for Lawyers, 2nd Ed., p.
334].
Item. In budgetary legislation and
practice, the particulars, the details, the JBC. See Judicial and Bar Council.
distinct and severable parts of the bill.
An indivisible sum of money dedicated J. D. Abbreviation for Juris Doctor or
to a stated purpose. [Gonzales v. Doctor of Jurisprudence.
Macaraig, Jr., GR 87636. Nov. 19,
1990]. Jeep or jeepneys or jeepney
substitutes. Philippine jeep or
Items in a bill. The particulars, the jeepneys which are of the jitney type
details, the distinct, and several parts of locally designed and manufactured
the bill. [Dean Tupaz, 24 Hours Before generally from surplus parts and
the Bar (1st Ed. 2005), p. 134]. components. It shall also include
jeepney substitutes that are
Item (of an appropriation bill). An manufactured from brand-new single
item which in itself is a specific cab chassis or cowl chassis and locally
appropriation of money, not some customized rear body that has
general provision of law, which happens continuous sideway row seats with open
to be put into an appropriation bill. rear door and without retractable glass
[Bengzon v. Sec. of Justice, 299 US 410- windows. [RA 9224].
416].
Jeopardy. Crim. Law. The peril in which
Ius commune. General law that applies an accused is placed when put on trial
where statute does not. It usually before a court of competent jurisdiction
applies in both jurisdictions so that a upon an indictment or information which
question of conflict does not apply. It is is sufficient in form and substance to
also a common source of law used in sustain a conviction. [People v. Vergara,
arbitration proceedings. [Tetley, GR 101557-58. Apr. 28, 1993].
Jettison. The throwing overboard of
Ius gentium. The law of nations, cargo or an attempt to lighten and
referring to International Law. [Tetley, refloat the vessel which has stranded.
Glossary of Conflict of Laws, 2004]. [Tiopianco, Commentaries and Jurisp.
on the Ins. Code of the Phil., 1999 Ed.,
Iyot ni inam. Ilok. The first word refers p. 109].
to the actual sexual act and the rest
refer to mother. Combined the term Jewelry Industry Development Act of
would be more derogatory than the 1998. RA 8502 entitled An Act to
Tagalog expression "Putang-ina mo." promote the development of the jewelry
manufacturing industry, providing

337
incentives therefor and for other parties, and (b) the causes of action
purposes enacted on Feb. 13, 1998. arise out of the same contract,
transaction or relation between the
Job. All the tasks carried out by a parties, or are for demands for money
particular person in the completion of or are of the same nature and
7his prescribed duties. [Sec. 1, Rule 1, character. [Rep. v. Hernandez, GR
Book 2, IRR of LC]. 117209. Feb. 9, 1996].
Job contracting. Elements: (a) The Joint account. A transaction of

contractor carries on an independent merchants where other merchants agree
business and undertakes the contract to contribute the amount of capital
work on his own account under his own agreed upon, and participating in the
responsibility according to his own favorable or unfavorable results thereof
manner and method, free from the in the proportion they may determine.
control and direction of his employer or [Suggested Answer of the UP Law
principal in all matters connected with Center for the 2000 Bar cited in
the performance of the work except as Miravite, Bar Review Materials in Comm.
to the results thereof; and (b) the Law, 12th Ed., (2002), p. 14].
contractor has substantial capital or
investment in the form of tools, Joint account partnership. A business
equipment, machineries, work premises, arrangement whereby two or more
and other materials which are necessary persons interest themselves in the
in the conduct of his business. [Sec. 8, business of another making
Rule VIII, LC]. Compare with Labor- contributions thereto, and participating
only contracting. in the results of the business. [Miravite,
Bar Review Materials in Comm. Law,
John Doe. A defendant whose identity or 12th Ed., (2002), p. 14].
name is unknown. [Claridades, A.,
Compilation of Notes, 2001-2006]. Joint account partnership. Features:
(a) Only one member is ostensible; the
Joinder of causes of action. The others are silent; (b) no common name;
assertion by a party, in one pleading, in (c) only the ostensible partner can sue
the alternative or otherwise, as many or be sued; (d) no common fund.
causes of action as he may have against [Miravite, Bar Review Materials in
an opposing party. [Sec. 5, Rule 2, Comm. Law, 12th Ed., (2002), p. 14].
RoC].
Joint adoption by the spouses.
Joinder of causes of action. Exceptions: (a) When one spouse seeks
Conditions: (a) The party joining the to adopt his own illegitimate child; or
causes of action shall comply with the (b) when one spouse seeks to adopt the
rules on joinder of parties; (b) The legitimate child of the other. [Art. 185,
joinder shall not include special civil FC].
actions or actions governed by special
rules; (c) Where the causes of action Joint and several. In obligation, the
are between the same parties but term means solidary where each one of
pertain to different venues or the debtors may be held liable for the
jurisdictions, the joinder may be allowed entire obligation. [Torres, Oblig. &
in the RTC provided one of the causes Cont., 2000 Ed., p. 351].
of action falls within the jurisdiction of
said court and the venue lies therein; Joint and several judgment. A
and (d) Where the claims in all the judgment which imposes a joint and
causes of action are principally for several obligation. [Morenos Law Dict.,
recovery of money, the aggregate 2000 Ed., p. 247].
amount claimed shall be the test of
jurisdiction. Joint and several liability. 1. A legal
doctrine that makes each of the parties
Joinder of causes of action. Requisites: who are responsible for an injury, liable
(a) It will not violate the rules on for all the damages awarded in a lawsuit
jurisdiction, venue and joinder of if the other parties responsible cannot

338
pay. [Gacayan v. Leao, GR L-33754. be joined as a co-defendant, and that

Mar. 28, 1983]. 2. The obligation the co-obligor be sued jointly. In other
assumed by several persons where each words, where two or more parties share
of the debtors is answerable for the liabilities. [Tetley, Glossary of Conflict of
whole obligation with the right to seek Laws, 2004].
contribution from his co-debtors. [Phil.
Intl. Surety v. Gonzales, GR L-15868. Joint obligation. An obligation in which
Oct. 31, 1961]. 3. Liability of more than each of the debtors is liable only for a
one person for which each person may proportionate part of the debt, and each
be sued for the entire amount of creditor is entitled only to a
damages done by all. [Duhaime's Legal proportionate part of the credit. Hence,
Dict., 2004]. in this obligation, each creditor can
recover only his share of the obligation,
Joint and several note. One in which and each debtor can be made to pay
the makers bind themselves both jointly only his part. [Quiombing v. CA, GR
and individually to the payee so that all 93010. Aug. 30, 1990, citing Tolentino,
may be sued together for its Civil Code of the Phil., Vol. IV, 85 Ed., p.
enforcement, or the creditor may select 218]. Compare with Solidary
one or more as the object of the suit. obligation.
[Rep. Planters Bank v. CA, GR 93073.
Dec. 21, 1992]. Joint Resolution. A Resolution passed
by both chambers of the legislature in
Joint and several obligation. In joint session. This kind of Resolution
common law, the term corresponds to a passes through greater procedural
civil law solidary obligation; that is, one safeguard than the other kinds of
of several debtors bound in such wise Resolution. [Suarez, Stat. Con., (1993),
that each is liable for the entire amount, p. 59].
and not merely for his proportionate
share. [Rep. Planters Bank v. CA, GR Joint stock company. In common law
93073. Dec. 21, 1992]. See also countries, an unincorporated association
Solidary obligation. of persons whose ownership interests
are represented by transferable shares.
Joint custody. A child custody decision The shareholders in such a company
which means that both parents shall have unlimited personal liability. [Intl.
share joint legal custody and joint Law Dict. & Direct., 2004].
physical custody. [Duhaime's Legal
Dict., 2004]. Joint tenancy. A form of legal co-
ownership of property (also known as
Joint debtor. One who is an survivorship). At the death of one co-
indispensable party with respect to his owner, the surviving co-owner becomes
own share and a necessary party with sole owner of the property. Tenancy by
respect to the share of others. Compare the entirety is a special form of joint
with Solidary co-debtors. tenancy between a husband and wife.
Joint-indivisible obligation. An 2004].
obligation where it is joint as to the
parties but indivisible as to compliance. Joint trial. A trial where the offenses
[Diaz, Bus. Law Rev., 1991 Ed., p. 25]. charged are similar, related, or
connected, or are of the same or similar
Joint indorsement. Nego. Inst. An character or class, or involve or arose
indorsement payable to two or more out of the same or related or connected
payees or indorsees. [Sec. 41, NIL]. acts, occurrences, transactions, series of
events, or chain of circumstances, or are
Joint judgment. A judgment which based on acts or transactions
imposes a joint obligation. [Morenos constituting parts of a common scheme
Law Dict., 2000 Ed., p. 247]. or plan, or are of the same pattern and
committed in the same manner, or
Joint liability. Where the joint obligor where there is a common element of
has the right to insist that the co-obligor substantial importance in their

339
commission, or where the same, or 29, 1911, citing Scaevola, Civil Code,
much the same, evidence will be Vol. 10, p. 448].
competent and admissible or required in
their prosecution, and if not joined for Journal. 1. The official record of the acts
trial the repetition or reproduction of of a legislative body. [Tolentino v. Sec.
substantially the same testimony will be of Finance, GR 115525. Aug. 25, 1994].
required on each trial. [Palanca v. 2. A book of original entry in which the
Querubin, GR L-29510-31. Nov. 29, happenings or transactions affecting the
1969, citing 23 CJS, pp. 680-681]. business of a taxpayer are recorded
consecutively day by day as they occur.
Joint venture. 1. An association of [Martin, Commentaries and Jurisp. on
persons or companies jointly Comml. Laws, Vol. 1, 1988 Rev. Ed., p.
undertaking some commercial 34]. 3. An academic or learned
enterprise; generally all contribute periodical. [Intl. Law Dict. & Direct.,
assets and share risks. It requires a 2004].
community of interest in the
performance of the subject matter, a Joy ride. Driving for the purpose of
right to direct and govern the policy in enjoyment or for a "frolic of ones own.
connection therewith, and duty, which [Filamer Christian Institute v. IAC, GR
may be altered by agreement to share 75112. Aug. 17, 1992].
both in profit and losses. [Kilosbayan v.
Guingona, GR 113375. May 5, 1994]. 2. Judah's belt. A string of firecrackers
The commitment or agreement by two consisting of either diablos or small
(2) or more persons to carry out a triangulos that can number up to a
specific or single business enterprise for hundred or thereabout and culminating
their mutual benefit, for which purpose in large firecracker usually a bawang.
they combine their funds, land [Sec. 2, RA 7183].
resources, facilities and services. [Sec.
3, RA 7279]. Judge. 1. A public officer lawfully
appointed to decide litigated questions
Joint venture agreement (JVA). An according to law. In its most extensive
agreement entered into between the sense, the term includes all officers
Government and one or more appointed to decide litigated questions
contractors in accordance with Sec. while acting in that capacity, including
26(c) of RA 7942. justice of the peace, and even jurors, it
is said, who are judges of facts. [People
Joint will. A single testamentary v. Manantan, GR L-14129. July 31,
instrument which contains the wills of 1962, citing Bouvier, Law Dict.]. 2. A
two or more persons, jointly executed presiding officer of the court. [Jurists
by them, either for their reciprocal Legal Dict., 2004].
benefit or for the benefit of a third
person. [Jurado, Comments & Jurisp. on Judge de facto. A person who has the
Succession, 1991 8th Ed., p. 104, citing reputation of being the officer he
57 Am. Jur. Sec. 681, p. 458]. assumes to be and yet is not a good
officer in point of law because there
Joists. 1. A kind of beam laid horizontally exists some defect in his appointment or
and serving in buildings to support his right to exercise judicial functions at
others or for bracing and connecting the the particular time [Luna v. Rodriguez,
parts of the structure. [Choco v. 37 Phil. 186, p. 192].
Santamaria, GR 6076. Dec. 29, 1911,
citing Dict. of the Spanish Acad.]. 2. The Judgment. Rem. Law. 1. The
horizontal timbers that are placed upon adjudication by the court that the
the tops of the uprights, that is, what defendant is guilty or is not guilty of the
are commonly called beams, intended to offense charged, and the imposition of
serve for connection and main support the penalty provided for by law on the
of the timbers of the different floors that defendant, who pleads or is found guilty
separate the stories of the building. thereof. [Sec. 1, Rule 120, RoC]. 2. The
[Choco v. Santamaria, GR 6076. Dec. decision or sentence of the law given by
a court or other tribunal as the result of

340
proceedings instituted therein. It is a Judgment debtor. Rem. Law. One who

judicial act which settles the issues, owes money as a result of a judgment
fixes the rights and liabilities of the in favor of a creditor. [Gacayan v.
parties, and determines the proceeding, Leao, GR L-33754. Mar. 28, 1983].
and it is regarded as the sentence of the
law pronounced by the court on the Judgment for credit. Rem. Law. A
action or question before it. [Legarda v. judgment for back rentals, for the
CA, GR 94457. Oct. 16, 1997, citing 49 purpose of applying the legal rate of
CJS Judgments 1 and 2]. See also interest. [Morenos Law Dict., 2000 Ed.,
Summary judgment. p. 249].
Judgment by cognovit actionem. Judgment of conviction. Requisites:

Rem. Law. The acknowledgment and The judgment shall state (a) the legal
confession by the defendant after qualification of the offense constituted
service, instead of entering a plea, that by the acts committed by the accused,
the plaintiffs cause of action was just and the aggravating or mitigating
and rightful. [Feria and Noche, Civ. Pro. circumstances attending the
Annotated, Vol. 1, 2001 Ed., p. 626]. commission, if there are any; (b) the
Compare with Judgment by participation of the accused in the
confession relicta verificatione. commission of the offense, whether as
principal, accomplice or accessory after
Judgment by confession. Rem. Law. the fact; (c) the penalty imposed upon
One which is rendered against a party the accused; and (d) the civil liability or
upon his petition or consent. It usually damages caused by the wrongful act to
happens when the defendant appears in be recovered from the accused by the
court and confesses the right of the offended party, if there is any, unless
plaintiff to judgment or files a pleading the enforcement of the civil liability by a
expressly agreeing to the plaintiff's separate action has been reserved or
demand. [De Ocampo v. Florenciano waived. [People v. Valeriano, GR
(1960) 107 Phil. 37, cited in 1 Moran's 103604-05. Sep. 23, 1993].
Comments on the Rules of Court, p.
640, 1963 Ed]. Judgment of nonsuit. Rem. Law. A
judgment given against plaintiff when
Judgment by confession. Rem. Law. he is unable to prove a case, or when
Kinds: (a) A judgment by cognovit he refuses or neglects to proceed to trial
actionem, and (b) a judgment by and leaves the issue undetermined. In
confession relicta verificatione. [PNB v. our jurisdiction, a declaration of nonsuit
Manila Oil Refining & By-Products Co. necessarily involves the rendition of a
Inc., GR L-18103. June 8, 1922] final order or judgment which
terminates plaintiff's cause of action or
Judgment by confession relicta right of recovery under his complaint
verificatione. Rem. Law. The which is thereby dismissed. [BA Finance
confession by the defendant, after Corp. v. Co, GR 105751. June 30, 1993].
pleading and before trial, of the
plaintiffs cause of action and the Judgment on plea of limitation of
withdrawal or abandonment of his plea action. Rem. Law. A judgment on the
or other allegations, whereupon merit bars plaintiff in a subsequent suit
judgment shall be entered against him on the same cause of action. [Morenos
without proceeding to trial. [Feria and Law Dict., 2000 Ed., p. 249].
Noche, Civ. Pro. Annotated, Vol. 1, 2001
Ed., p. 626]. Compare with Judgment Judgment on the merits. Rem. Law. 1.
by cognovit actionem. A judgment which determines the rights
and liabilities of the parties based on the
Judgment by consent. Rem. Law. A disclosed facts, irrespective of formal,
judgment based on an agreement and technical or dilatory objections. It is not
which may only be rendered when the necessary, however, that there should
parties on both sides ask for it. have been a trial. If the judgment is
[Morenos Law Dict., 2000 Ed., p. 249]. general, and not based on any technical
defect or objection, and the parties had

341
a full legal opportunity to be heard on pleading expressly agreeing to the

their respective claims and contentions, plaintiff's demand. [De Ocampo v.
it is on the merits although there was no Florenciano (1960) 107 Phil. 37, cited in
actual hearing or arguments on the 1 Moran's Comments on the Rules of
facts of the case. [Mendiola v. CA, GR Court, p. 640, 1963 Ed.; Acenas v.
122807. July 5, 1996]. 2. A judgment Sison, GR L-17011, 30 Aug. 1963].
which amounts to a declaration of the Compare with Judgment upon
law as to the respective rights and compromise.
duties of the parties, based upon the
ultimate fact or state of facts disclosed Judicial admission. An admission,
by the pleadings and evidence, and verbal or written, made by a party in the
upon which the right of recovery course of the proceedings in the same
depends, irrespective of formal, case, not requiring proof and may be
technical or dilatory objection or contradicted only by showing that it was
contentious [Amer. Inter-Fashion Corp. made through palpable mistake or that
v. OP, GR 92422. May 23, 1991, citing no such admission was made. [Sec. 4,
Vicente J. Francisco, Rev. Rules of Rule 129, RoC]. Compare with Extra-
Court, Vol. II, pp. 841-842]. See judicial admission.
Adjudication on the merits.
Judicial and Bar Council (JBC). A body
Judgment on the pleadings. Rem. created under the supervision of the
Law. A judgment which the court, on Supreme Court, composed of the Chief
motion of the adverse party, may direct Justice as ex officio Chairman, the Sec.
on such partys pleading where an of Justice, and representatives of the
answer fails to tender an issue, or Congress as ex officio Members, a
otherwise admits the material representative of the Integrated Bar, a
allegations of the adverse party's professor of law, a retired Member of
pleading. However, in actions for the Supreme Court, and a
declaration of nullity of marriage or for representative of the private sector. It
legal separation the material facts has the principal function of
alleged in the complaint shall always be recommending appointees to the
proved. [Sec. 1, Rule 34, RoC]. judiciary. [Sec. 8, Art. VIII, 1987 Phil.
Const.].
Judgment rendered through
negligence. Crim. Law. The felony Judicial authority. The courts of justice
committed by any judge who, by reason or judges of said courts vested with
of inexcusable negligence or ignorance judicial power to order the temporary
shall render a manifestly unjust detention or confinement of a person
judgment in any case submitted to him charged with having committed a public
for decision. [Art. 205, RPC]. offense, that is, the Supreme Court and
such inferior courts as may be
Judgment upon a compromise. Rem. established by law." [Sayo v. Chief of
Law. A judgment embodying a Police, GR L-2128. May 12, 1948, citing
compromise agreement entered into by Art. 125, RPC].
the parties in which they make
reciprocal concessions in order to Judicial compensation. This takes
terminate a litigation already instituted. place when the court permits the
[United Housing v. Dayrit, 181 SCRA counterclaim of the defendant as
285, 293 (1990) citing Binamira v. against the claim of the plaintiff.
Ogan-Occena, 148 SCRA 677 (1987)]. [Torres, Oblig. & Cont., 2000 Ed., p.
Compare with Judgment upon 141].
confession.
Judicial confession. A confession made
Judgment upon confession. Rem. Law. by the accused before a court in which
A judgment which is rendered against a the case is pending and in the course of
party upon his petition or consent. It legal proceedings therein and, by itself,
usually happens when the defendant can sustain a conviction. [Claridades, A.,
appears in court and confesses the right Compilation of Notes, 2001-2006].
of the plaintiff to judgment or files a

342
Compare with Extra-judicial determine the matter before it; (b)

confession. jurisdiction shall have been lawfully
acquired; (c) the defendant shall have
Judicial confirmation of incomplete an opportunity to be heard; and (d)
or imperfect title. The only legal judgment shall be rendered upon lawful
method by which full and absolute title hearing. [Cruz, Constl. Law, 1998 Ed., p.
to the land may be granted, to convert 108, citing, Banco Espaol v. Palanca,
the land into a truly private land. To 37 Phil. 921]. Compare with
secure such judicial title, only the courts Administrative due process.
can be resorted to. [Meralco v. Castro-
Bartolome, GR 49623; Rep. v. Judicial function. The faculty of
Villanueva, GR 55289, June 29, 1982]. receiving evidence and making factual
conclusions in a controversy which must
Judicial costs. The statutory allowances be accompanied by the authority of
to a party to an action for his expenses applying the law to those factual
incurred in the action, and having conclusions to the end that the
reference only to the parties and to the controversy may be decided or
amounts paid by them. [Damasen v. determined authoritatively, finally and
Hernando, GR L-49995. Apr. 8, 1981, definitively, subject to such appeals or
citing Ballentine Law Dict., 1948 Ed.]. modes of review as may be provided by
law. [Cario v. CHR, GR 96681. Dec. 2,
Judicial decisions. Decisions of the 1991].
Supreme Court which apply or interpret
the Constitution or the laws and are part Judicial inquiry. Requisites: (a) That the
of the legal system of the Philippines. question must be raised by the proper
Though not laws, they are nonetheless party; (b) that there must be an actual
evidence of what the laws mean, and it case or controversy; (c) that the
is for this reason that they are part of question must be raised at the earliest
the legal system of the Philippines. possible opportunity; and, (d) that the
[Columbia Pictures v. CA, GR 110318. decision on the constitutional or legal
Aug. 28, 1996, citing Paras, Civil Code question must be necessary to the
of the Phil. Annotated, 12th Ed., 57]. determination of the case itself. [Cruz,
Phil. Pol. Law, 1991 ed., p. 235; Dumlao
Judicial decree. A decree issued and v. Comelec, GR 50245, 22 Jan. 1980, 95
entered by the Commissioner of Land SCRA 392]. See also Judicial review,
Registration, pursuant to an order of the power of.
court rendered by the court in a
registration case has become final. It is Judicial mistake. A mistake committed
also called Decree of Registration. by the court in trial. [Morenos Law
[Morenos Law Dict., 2000 Ed., p. 250]. Dict., 2000 Ed., p. 251].
Judicial deposit or sequestration. It Judicial notice. Cognizance of certain

takes place when an attachment or facts which the courts may properly take
seizure of property in litigation is and act upon without proof. They are
ordered. [Art. 2005, CC]. based on considerations of expediency
and convenience. [Claridades, A.,
Judicial discretion. The exercise of the Compilation of Notes, 2001-2006].
judge's individual opinion and the law
has wisely provided that its exercise be Judicial notice. Requisites: (a) The
guided by well-known rules which, while matter must be one of common and
allowing the judge rational latitude for general knowledge; (b) it must be well
the operation of his own individual and authoritatively settled and not
views, prevent them from getting out of doubtful or uncertain; and (c) it must be
control. [Basco v. Rapatalo, AM RTJ-96- known to be within the limits of the
1335. Mar. 5, 1997]. jurisdiction of the court. [State
Prosecutors v. Muro, AM RTJ-92-876.
Judicial due process. Requisites: (a) Sep. 19, 1994, citing 20 Am. Jur.,
There must be a court of tribunal Evidence, Sec. 17, 48].
clothed with the power to hear and

343
Judicial officer. A magistrate. The terms Judicial review, power of. Requisites:
magistrate and judicial officer have (a) The existence of an actual and
been used interchangeably. [Morenos appropriate case; (b) a personal and
Law Dict., 2000 Ed., p. 251]. substantial interest of the party raising
the constitutional question; (c) the
Judicial period. The period is fixed by exercise of judicial review is pleaded at
the courts. [Diaz, Bus. Law Rev., 1991 the earliest opportunity; and (d) the
Ed., p. 16]. constitutional question is the lis mota of
the case. [Luz Farms v. Sec. of the DAR,
Judicial power. The duty of the Courts 192 SCRA 51 (1990); Dumlao v.
of Justice to settle actual controversies Comelec, 95 SCRA 392 (1980); People
involving rights which are legally v. Vera, 65 Phil. 56 (1937)]. See also
demandable and enforceable, and to Judicial inquiry.
determine whether or not there has
been a grave abuse of discretion Judicial stability doctrine. The doctrine
amounting to lack or excess of of non-interference which has been
jurisdiction on the part of any branch or regarded as an elementary principle of
instrumentality of the government [Sec. higher importance in the administration
1, Par. 2, Art. VII, 1987 Phil. Const.]. of justice that the judgment of a court
of competent jurisdiction may not be
Judicial process. A writ, warrant, opened, modified, or vacated by any
subpoena, or other formal writing issued court of concurrent jurisdiction. [Rep. v.
by authority of law; also the means of Reyes, 155 SCRA 313 (1987), citing 30-
accomplishing an end, including judicial A Am Jur 605].
proceedings, or all writs, warrants,
summonses, and orders of courts of Judicial supremacy doctrine. 1. The
justice or judicial officers. It is likewise power vested in the judiciary to annul
held to include a writ, summons, or the acts of either the legislative or the
order issued in a judicial proceeding to executive or of both when not
acquire jurisdiction of a person or his conformable to the fundamental law.
property, to expedite the cause or [Assoc. of Small Landowners in the Phil.
enforce the judgment, or a writ, v. Sec. of Agrarian Reform, 175 SCRA
warrant, mandate, or other process 343]. 2. The power of judicial review
issuing from a court of justice. under the Constitution. [Angara v.
[Malaloan v. CA, 232 SCRA 249, 257 Electoral Comm., GR 45081. July 15,
(1994)]. 1936].
Judicial question. A question that is to Judiciary. The branch of government

be passed upon by courts of justice invested with judicial power to interpret
which are manned by judges who have and apply the law; the court system; the
the necessary skill and competence to body of judges; the bench. [Glossary of
resolve it. Thus, an administrative, Legal Terms (Pro-Se), 2004].
quasi-judicial agency is generally not
empowered to adjudicate purely judicial Judiciary Reorganization Act of 1980,
questions. [Morenos Law Dict., 2000 The. BP 129 entitled An Act
Ed., pp. 251-252]. reorganizing the judiciary, appropriating
funds therefor, and for other purposes
Judicial recognition. See Compulsory enacted on Aug. 14, 1981.
recognition of natural children.
Compare with Voluntary recognition Judicis est jus dicere, non dare. Lat. It
of natural children. is the duty of a judge to declare the law,
not to make it. [Morenos Law Dict.,
Judicial review. The authority of a court 2000 Ed., p. 252].
to review the official actions of other
branches of government. Also, the Judicium non debet esse illusorium;
authority to declare unconstitutional the suum effectum habere debet. Lat. A
actions of other branches. [Glossary of judgment ought not to be illusory; it
Legal Terms (Pro-Se), 2004]. ought to have its proper effect. [PAL v.
CA, GR 49188. Jan. 30, 1990].

344
Legal Forms for Conveyancing, 4th Ed.

Jueteng. An illegal numbers game that 1994, p. 39]. 2. Certificate of person
involves the combination of thirty-seven and officer before whom a writing is
(37) numbers against thirty-seven (37) sworn to. [Glossary of Legal Terms (Pro-
numbers from number one (1) to thirty Se), 2004].
seven (37) or the combination of thirty-
eight (38) numbers in some areas, Jure. Lat. From Roman law: by right,
serving as a form of local lottery where under legal authority or by the authority
bets are placed and accepted per of the law. A variation, juris means of
combination, and its variants. [Sec. 2, right" or "of the law." [Duhaime's Legal
RA 9287]. Dict., 2004].
Jugadores. Sp. Gamblers. [US v. Jure gestionis. Lat. Private act or acts.
Salaveria, GR 13678. Nov. 12, 1918]. [Claridades, A., Compilation of Notes,
2001-2006].
Jumbo regular and special. A kind of
sparkler similar to a "fountain" but Jure imperii. Lat. Public acts or acts.
bigger in size. [Sec. 2, RA 7183]. [Claridades, A., Compilation of Notes,
2001-2006].
Jumper. A piece of metal or an electrical
conductor used to bypass a safety Jure naturae acquum est neminem
device in an electrical system. [Sec. 3, cum alterius detrimento et injuria
PD 1185]. fieri locupletiorem. Lat. No one shall
enrich himself at the expense of
Junior. Younger. Lower in rank, tenure, another. [Morenos Law Dict., 2000 Ed.,
preference, or position. [Blacks Law p. 252].
Dict., Abr. 5th Ed. (1983), p. 442].
Juridical capacity. The fitness to be the
Junior encumbrancer. A lien or subject of legal relations. [Art. 37, CC].
mortgage holder who is subordinate to a Compare with Capacity to act.
prior holder or encumbrancer.
[Claridades, A., Compilation of Notes, Juridical or legal tie. The vinculum or
2001-2006]. Compare with Senior the link which binds the parties to an
encumbrancer. obligation. [Torres, Oblig. & Cont., 2000
Ed., p. 24].
Junior lien. Lien which is subordinate to
prior lien. [Blacks Law Dict., Abr. 5th Ed. Juridical persons. The following are
(1983), p. 442]. Compare with Senior juridical persons: (a) The State and its
lien. political subdivisions; (b) other
corporations, institutions and entities for
Junior mortgage. A mortgage which is public interest or purpose, created by
subordinate to another mortgage, called law; their personality begins as soon as
the priority or prior mortgage. [Blacks they have been constituted according to
Law Dict., Abr. 5th Ed. (1983), p. 442]. law; and (c) corporations, partnerships
Compare with Senior mortgage. and associations for private interest or
purpose to which the law grants a
Jura regalia. Lat. 1. A concept which juridical personality, separate and
"embodied the universal feudal theory distinct from that of each shareholder,
that all lands were held from the partner or member. [Art. 44, CC].
Crown." [Lee Hong Hok v. David, L-
30389, Dec. 27, 1972]. 2. The concept Jurisdiction. From Lat. Jus dicere. The
that all natural resources are owned by right to speak. 1. The power and
the State. [Miners Assoc. of the Phil. V. authority to hear, try, and decide a
Factoran, GR 98332. Jan. 16, 1995]. case; it does not depend on the
regularity of the exercise of that power.
Jurat. 1. The clause written at the foot of [Herrera v. Barreto, 25 Phil. 245 (1913);
an affidavit or sworn declaration Century Ins. v. Fuentes, 2 SCRA 1168
showing when, where, and before (1961)]. 2. The power or authority of a
whom the affidavit was sworn. [Pea, court to hear and try a case; the

345
geographic area in which a court has persons who may be interested thereon.
power or the types of cases it has power Said jurisdiction may for instance be
to hear. [Glossary of Legal Terms (Pro- acquired by coercive seizure of the
Se), 2004]. 3. International Law. The property by attachment proceedings.
right of a State to exercise authority [Paras, Phil. Conflict of Laws, 8th Ed.
over persons and things within its (1996), p. 29, citing Banco Espaol v.
boundaries subject to certain Palanca, 37 Phil. 921; Bernabe v.
exceptions. Thus, a State does not Vergara, 73 Phil. 676].
assume jurisdiction over traveling
sovereigns, ambassadors and diplomatic Jurisdiction over the subject-matter.
representatives of other States, and The power to hear and determine cases
foreign military units stationed in or of the general class to which the
marching through State territory with proceedings in question belong. [Reyes
the permission of the latter's authorities. v. Diaz, GR 48754. Nov. 26, 1941, citing
[Hongkong & Shanghai Banking Corp. v. CJS, p. 36].
Sherman, GR 72494. Aug. 11, 1989,
citing J. Salonga, Private Intl. Law, Juris et de jure. Lat. Conclusive.
1981, pp. 37-38]. Compare with Venue. [Pakistan Intl. Airlines v. Ople, GR
61594. Sep. 28, 1990].
Jurisdictional facts. Those facts which
would give the court jurisdiction over Jurisprudence. 1. Science of law. Case
the proceedings, such as residence of law, or the legal decisions which have
the minor or incompetent, or the developed and which accompany
location of his property, or the residence statutes in applying the law against
of the person desiring to adopt. situations of fact. 2. The study of law
[Morenos Law Dict., 2000 Ed., p. 253]. and the structure of the legal system.
Jurisdiction, exercise of. The decision 2004].
of all other questions arising in the case
where there is jurisdiction of the person Jurisprudence constante. In civil law, a
and subject matter. [Herrera v. Baretto, settled, fixed or invariable principle of
GR 8692. Sep. 10, 1913]. law. [Morenos Law Dict., 2000 Ed., p.
253].
Jurisdiction over the person. The
power of a court to render judgment Juris tantum. Lat. Disputable. [Farolan
that will be binding on the parties v. Solmac Marketing Corp., GR 83589.
involved, the plaintiff and the Mar. 13, 1991].
defendant. [Paras, Phil. Conflict of Laws,
8th Ed. (1996), p. 27]. Jury. A certain number of men and
women selected according to law and
Jurisdiction over the person of the sworn to try a question of fact or indict
defendant. Jurisdiction acquired (by a person for public offense. [Jurists
the court) through the following means: Legal Dict., 2004].
voluntary appearance; personal or
substituted service of summons. [Paras, Jus. Lat. Word which, in Roman law,
Phil. Conflict of Laws, 8th Ed. (1996), p. means the law or a right. Also spelled
28, citing Rule 14, RoC]. Jus in some English translations.
Jurisdiction over the person of the
plaintiff. Jurisdiction acquired (by the Jus abutendi. Lat. The right to consume
court) from the moment he (the the thing by its use. [Claridades, A.,
plaintiff) institutes the action by the Compilation of Notes, 2001-2006].
proper pleading. [Paras, Phil. Conflict of
Laws, 8th Ed. (1996), p. 27, citing Manila Jus ad bellum. Lat. The right to initiate
Railroad v. Atty. Gen., 20 Phil. 523]. war. The rights of states to start wars.
Jurisdiction over the res or thing.
Jurisdiction over the particular subject Jus ad rem. Lat. A real right. [Morenos
matter in controversy, regardless of the Law Dict., 2000 Ed., p. 253].

346
Jus gestionis. Lat. Proprietary rights

Jus alienis rebus utendi fruendi salva exercised by the State. [Rep. v.
rerum substantia. Lat. The right to Sandiganbayan, GR 90478. Nov. 21,
enjoy the property of another with the 1991.]
obligation of preserving its form and
substance. [Vda. De Barreto v. Mapa, Jus imperii. Lat. The right of eminent
GR 45475. Nov. 16, 1937]. domain exercised by the State. [Rep. v.
Sandiganbayan, GR 90478. Nov. 21,
Jus civile. Lat. Civ. Law. The Roman law 1991].
applied to Roman citizens. [Intl. Law
Dict. & Direct., 2004]. Jus in bello. Lat. The law during war.
The law regulating combat or the
Jus cogens. Lat. Intl. Law. A peremptory waging of war. [Intl. Law Dict. & Direct.,
norm of general international law 2004].
accepted and recognized by the
international community as whole as a Jus in re. Lat. A real right. [Morenos Law
norm from which no derogation is Dict., 2000 Ed., p. 254].
permitted and which can be modified
only by a subsequent norm of general Jus in re aliena. Lat. Right in the
international law having the same property of another person. [Gabuya v.
character. [Sandoval, Pol. Law Reviewer Cruz, 38 SCRA 98].
2003].
Jus luminum. See Easement of light.
Jus commune. Lat. The common right.
Law based on Roman law, canon law, Jus naturale. Lat. Natural law. Law
and the interpretations of glossators and inherent in nature that may be
commentators, and common to Europe ascertained by reason. [Intl. Law Dict. &
at the beginning of the Renaissance. Direct., 2004].
Jus possessionis. Lat. Right of
Jus contra bellum. Lat. Law on the possession. [Claridades, A., Compilation
prevention of war. [Dean Tupaz, 24 of Notes, 2001-2006].
Hours Before the Bar (1st Ed. 2005), p.
91]. Jus possidendi. Lat. Right to possess.
Jus dare. Lat. To make law or give law. 2001-2006].
[Office of Court Admin. V. Pascual, AM
MTJ-93-783. July 29, 1996]. Jus postlimini doctrine. The doctrine
holding that when a territory has been
Jus dicere. Lat. To interpret the law. occupied by the enemy comes again
[Office of Court Admin. V. Pascual, AM into the power of the state during the
MTJ-93-783. July 29, 1996]. progress of a war through conquest or
otherwise, the legal state of the things
Jus disponendi. Lat. Right to dispose. existing prior to the hostile occupation is
[Claridades, A., Compilation of Notes, re-established. [Suarez, Pol. Law
2001-2006]. Reviewer, 1st Ed., 2002, p. 36, citing
Aruego, Intl. Law].
Jus fruendi. Lat. Right to receive the
fruits. [Claridades, A., Compilation of Jus projitiendi. Lat. Continuous
Notes, 2001-2006]. easements. [Cortes v. Yu-tibo, GR 911.
Mar. 12, 1903].
Jus gentiun. Lat. Law of nations. [Co
Cham v. Tan Keh, GR L-5. Sep. 17, Jus sanguinis doctrine. The principle
1945]. The Roman law applied to adhered to by the Philippine law on
dealings between non-Romans as well citizenship under which a child follows
as to dealings between Romans and the nationality or citizenship of the
non-Romans. [Intl. Law Dict. & Direct., parents regardless of the place of
2004]. his/her birth. [Claridades, A.,

347
more specifically refers to the

Jus soli doctrine. The principle under paramount obligation to ensure that all
which the nationality or citizenship of a persons are treated fairly. [Duhaime's
child is determined on the basis of the Legal Dict., 2004].
place of his/her birth. [Claridades, A.,
Compilation of Notes, 2001-2006]. Justiciable. Issues and claims capable of
being properly examined in court.
Jus spatiandi et manendi. Lat. [Glossary of Legal Terms (Pro-Se),
Referring to a legal right of way, and to 2004].
enjoyment, granted to the public but
only for the purposes of recreation or Justiciable controversy. An actual
education, such as upon parks or public controversy, or the ripening seeds of
squares. Very similar to an easement of one which exists between the parties, all
which some courts have said a jus of whom are sui juris and before the
spatiandi is a special type. [LawInfo court, and that the declaration sought
Legal Dictionary (2005)]. will help in ending the controversy. A
doubt becomes a justiciable controversy
Jus spillitiendi. Lat. Apparent when it is translated into a claim of right
easements. [Cortes v. Yu-tibo, GR 911. which is actually contested. [ Intl.
Mar. 12, 1903]. Hardwood v. UP, GR 52518. Aug. 13,
1991].
Jus summi imperu. Lat. The absolute
right to govern. [Frivaldo v. Comelec, Justifying circumstances. Those
GR 120295. June 28, 1996]. circumstances wherein the acts of the
actor are in accordance with law and
Jus suum quique tribuere. Lat. To hence, he incurs no criminal and civil
render to every man his due. [In re: liability. [Gregorio, Fund. of Crim. Law
Jurado, AM 93-2-037 SC. Apr. 6, 1995]. Rev., 1997 9th Ed., p. 51].
Just. A very short time ago. [Umil v. Justitia est constans et perpetua
Ramos, GR 81567. Oct. 3, 1991]. voluntas jus suum cuique tribuendi.
Lat. Justice is a constant and perpetual
Just-cause dismissal. Labor. A form of determination to render to everyone
termination usually initiated by the what is due him. [Morenos Law Dict.,
employer, where the latter is not legally 2000 Ed., p. 254].
bound to pay separation pay. [Poquiz,
Labor Rel. Law, 1999 Ed. p. 349]. Justitia nemini neganda est. Lat.
Justice is to be denied to none. [Phil.
Just compensation. The full and fair Geothermal. Inc. v. NLRC, 236 SCRA
equivalent of the property sought to be 371 (1994)].
expropriated. The measure is not the
taker's gain but the owner's loss. The Just title. That which is legally sufficient
compensation, to he just, must be fair to transfer the ownership or the real
not only to the owner but also to the right to which it relates. [Tolentino, Civil
taker. Even as undervaluation would Code of the Phil., Vol. II, Repr. 2001, p.
deprive the owner of his property 283-284, citing 4 Manresa 245-246;
without due process, so too would its 248].
overvaluation unduly favor him to the
prejudice of the public. [Berkenkotter v. Jus utendi. Lat. The right to receive from
CA, GR 89980. Dec. 14, 1992]. the thing what it produces. [Claridades,
Just debts. Those claims the existence
and justness of which are admitted by Jus vindicandi. Lat. The right to recover.
the debtor. [Uy v. Magallanes, Jr., AM P- [Suarez, Intro. to Law, 1995 3rd Ed., p.
00-1421, Apr. 11, 2002]. 83].
Justice. Fairness. A state of affairs in Jus vitae ac necis. Lat. The right of life
which conduct or action is both fair and and death. [Espiritu v. Ca, GR 115640.
right, given the circumstances. In law, it Mar. 15, 1995].

348
dive or resort of the character referred

to therein. [Art. 191, RPC].
Kelvin. The base unit of the

thermodynamic temperature which is
the fraction 1/273.16 of the
thermodynamic temperature of the
triple point of water. [Sec. 4, BP 8].
Kidnapping. The unlawful and carrying

away of a human being by force and
against his will. [Jurists Legal Dict.,
2004].
-K- Kidnapping and failure to return a

minor. Crim. Law. The felony
committed by any person who, being
Kadyut lang. Vis. For a moment. [People entrusted with the custody of a minor
v. Lo-ar, GR 118935. Oct. 6, 1997]. person, shall deliberately fail to restore
the latter to his parents or guardians.
Kaingin. A portion of the forest land, [Art. 270, RPC].
whether occupied or not, which is
subjected to shifting and/or permanent Kidnapping and failure to return a
slash-and-burn cultivation having little minor. Elements: (a) The offender has
or no provision to prevent soil erosion. been entrusted with the custody of the
[Sec. 3, PD 705]. minor, and (b) the offender deliberately
fails to restore said minor to his parents
Kaliwaan. Tag. 1. Simultaneous giving of or guardians. [People v. Ty, GR 121519.
market money by the poseur-buyer and Oct. 30, 1996].
handing over of the drugs by the
pusher. [People v. Ponsica, GR 108176. Kidnapping and serious illegal
Feb. 14, 1994]. 2. Simultaneous delivery detention. Crim. Law. The felony
of the object and the consideration committed by any private individual who
therefor. [Claridades, A., Compilation of shall kidnap or detain another, or in any
Notes, 2001-2006]. other manner deprive him of his liberty:
(a) if the kidnapping or detention shall
Kasama. Tag. Tenant, not worker or have lasted more than five days; (b) if it
laborer. [Delos Reyes v. Espineli, GR L- shall have been committed simulating
28280-81. Nov. 28, 1969]. public authority; (c) if any serious
physical injuries shall have been inflicted
Katarungang Pambarangay. Also upon the person kidnapped or detained;
Barangay Justice. The barangay or if threats to kill him shall have been
conciliation system established under PD made; or (d) if the person kidnapped or
1508 and continued under the RA 7160 detained shall be a minor, female or a
(Local Government Code of 1991). public officer. The penalty shall be death
where the kidnapping or detention was
Katuwaan. Tag. Pure deviltry. [Morenos committed for the purpose of extorting
Law Dict., 2000 Ed., p. 255]. ransom from the victim or any other
person, even if none of the
Keeper, watchman and visitor of circumstances above-mentioned were
opium den. Crim. Law. The felony present in the commission of the
committed by: 1. anyone who shall act offense. [Art. 267, RPC].
as a keeper or watchman of a dive or
resort where any prohibited drug is used Kilberg doctrine. Conf. of Laws. A rule
in any manner contrary to law; and 2. to the effect that the forum is not bound
any person who, not being included in by the law of the place of injury or
the provisions of Art. 190 of the Rev. death as to the limitation on damages
Penal Code, shall knowingly visit any for wrongful act because such rule is
procedural and hence the law of the

349
forum governs on this issue. [Agpalo, Kiskisan. Tag. Ricemill. [Vda. De Limjoco
Conflict of Laws, p. 6]. v. Dir. of Commerce, GR L-17640. Nov.
29, 1965].
Killing under exceptional
circumstances. Requisites: (a) That a Kite. 1. n. A check drawn against
legally married person or a parent uncollected funds in a bank account.
surprises his spouse or his daughter, the [Perez v. People, GR L-43548. June 29,
latter under 18 years of age and living 1981, citing Merriam-Webster's 3rd Intl.
with him, in the act of committing Dict.]. 2. v. To secure the temporary
sexual intercourse with another person; use of money by issuing a negotiating
(b) that he or she kills any or both of worthless paper and then redeeming
them or inflicts upon any or both of such paper with the proceeds of similar
them any serious physical injury in the paper, ad infinitum. [Ballentine's Law
act or immediately thereafter; (c) that Dict. See Associated Citizens Bank v.
he has not promoted or facilitated that Ople, L-48896, Feb. 24, 1981).
prostitution of his wife or daughter, or
that he or she has not consented to the Know-how. (A word of American origin
infidelity of the other spouse. [People v. that has now been adopted as a term of
Gelaver, GR 95357. June 9, 1993, citing art in many languages.) Practical
II Reyes, The Rev. Penal Code, 12th Ed., expertise acquired from study, training,
pp. 452-453]. and experience. [Intl. Law Dict. &
Direct., 2004].
Kiln-drying. A process by which the
moisture content of the lumber is Knowingly. 1. Consciously, intelligently,
reduced to prevent the wood from willfully, or intentionally. [Urada v.
warping. [Morenos Law Dict., 2000 Ed., Mapalad, AM MTJ-91-622. Mar. 22,
p. 256]. 1993, citing Black's Law Dict., 5th Ed.,
784]. 2. With knowledge, willfully or
Kilogram. The base unit of mass which is intentionally with respect to a material
equal to the mass of the international element of an offense. [Jurists Legal
prototype of the kilogram, made of Dict., 2004].
platinum-iridium, the standard of which
is kept at the Bureau of International Knowingly rendering unjust
Weights and Measures at Sevres, judgment. Crim. Law. The felony
France. [Sec. 4, BP 8]. committed by any judge who shall
knowingly render an unjust judgment in
Kilometer. A linear measure equivalent any case submitted to him for decision.
to 062 miles, under metric system. [Art. 204, RPC].
Knowingly rendering an unjust
Kin. A blood or marriage relative; as in judgment. Crim. Law. Elements: (a)
Next of kin, which refers to the closest The offender is a judge; (b) he renders
relative. [Claridades, A., Compilation of a judgment in a case submitted to him
Notes, 2001-2006]. for decision; (c) the judgment is unjust;
and, (d) the judge knows that his
Kinakapatid. Tag. Godbrother. [Cuison judgment is unjust [Reyes, The Rev.
v. CA, GR 88539. Oct. 26, 1993]. Penal Code (1977), Bk. II, p. 340]. The
gist of the offense therefore is that an
Kind. The term denotes a grouping, a unjust judgment be rendered
class, grade, or genus and encompasses maliciously or in bad faith, that is,
several objects or materials with similar knowing it to be unjust. [Annotation:
traits or characteristics. [People v. Malfeasance and Misfeasance of Judges
Torres, GR 111289. Aug. 11, 1995]. (Knowingly Rendering Unjust
Judgment), 55 SCRA 308, 313-314].
Kinilaw. Tag. Raw fish salad. [People v.
Carcedo, GR 48085. June 26, 1991]. Knowledge. A mental state of awareness
about a fact. [Dizon-Pamintuan v. CA,
GR. 111426. July 11, 1994].

350
Knowledge of a particular fact.

Cognizance, consciousness or
awareness of a particular fact, or
awareness of the existence of
something, or acquaintance with facts,
or having something within the mind's
grasp with certitude and clarity. [Dizon-
Pamintuan v. CA, GR. 111426. July 11,
1994].
Kristo. Tag. Cockpit bet caller. [People v.

Ganzagan, Jr. GR L-113793. Aug. 11,
1995].
Kulafo. A local wine. [People v. Buyok,

GR 109771. Aug. 25, 1994].
-L-
Kulam. Tag. 1. A curse. [People v.
Oliquino, GR 94703. May 31, 1993]. 2. Label or labeling. The display of
Witchcraft, sorcery. [People v. Sario, GR written, printed or graphic matter on
L-20754 & L-20759. June 30, 1966]. any consumer product its immediate
container, tag, literature or other
Kulang sa isip. Tag. Suffering from suitable material affixed thereto for the
mental deficiency. [People v. Pamor, GR purpose of giving information as to
108599. Oct. 7, 1994]. identify, components, ingredients,
attributes, directions for use,
Kwitis. See Sky rocket. specifications and such other
information as may be required by law
or regulations. [Art. 4, RA 7394].
Labia majora. Legal Med. Homologous

to the halves of the scrotum in the male
which is firm and elastic and its medial
borders are usually in close contact with
each other. [Olarte, Legal Med., 1st Ed.
(2004), p. 123].
Labia minora. Legal Med. Also called

Nymphae. The cutaneous folds which
lie medial to the labia majora and are
soft, pinkish and in close contact with
one another, with a narrow vestibule.
123].
Labo doctrine. Election Law. The rule

(declared by the Supreme Court in the
case of Labo v. Comelec, GR 105111.
July 3, 1992) that the ineligibility of a
candidate receiving majority of votes
does not entitle the eligible candidate
receiving the next highest number of
votes to be declared elected. A minority
or defeated candidate cannot be
deemed elected to the office. In other
words, the votes cast for an ineligible or
disqualified candidate cannot be
considered stray. [Ang Bagong Bayani
OFW Labor Party v. Comelec, GR

351
147589, June 25, 2003]. Compare with employment, regardless of whether the
Grego doctrine. disputants stand in the proximate
relation of employer and employee.
Labor. Physical toil, although it does not [Sec. 2(j), RA 875].
necessarily exclude the application of
skill, thus there is skilled and unskilled Labor dispute. Also known as
labor. [Azucena, The Labor Code with Industrial dispute. Any controversy or
Comments and Cases, 4th Ed. 1999, p. matter concerning terms or conditions
8]. of employment or the association or
representation of persons in negotiating,
Labor administration. Cases where fixing, maintaining, changing or
farm workers are employed wholly in arranging the terms and conditions of
the agricultural production. [Sec. 166, employment, regardless of whether or
RA 3844]. not the disputants stand in the
proximate relation of employers and
Labor Arbiter. The government official employees. [Art. 212 (1), LC].
which has the exclusive jurisdiction to
hear and decide the following cases Laborer. A synonym of Employee. Every
involving all workers, whether person who has entered the
agricultural or non agricultural: (a) employment of, or works under a
unfair labor practice cases; (b) service or apprenticeship contract for an
unresolved cases in collective employer. It does not include a person
bargaining, including those which whose employment is purely casual and
involve wages, hours of work and other is not for the purposes of the occupation
terms and conditions of employment; or business of the employer. Any
and (c) all other cases arising from reference to the person dependent on
employer-employee relations duly him, is defined in Act No. 3428, as
indorsed by the Regional Directors in amended, if the context so requires, or,
accordance with the provisions of the if the employee is a minor or
Labor Code. [Art. 217, LC]. incapacitated, to his guardian or nearest
of kin. [Sec. 39 [b], Act 3428, as
Laboratory equipment. The amended by RA 722].
paraphernalia, apparatus, materials or
appliances when used, intended for use Labor in hooking. The term can consist
or designed for use in the manufacture only of attaching the hook of the
of any dangerous drug and/or controlled derrick's boom to the sling or net
precursor and essential chemical, such holding a cargo in order that said cargo
as reaction vessel, preparative/purifying may be lifted into the carrying vessel.
equipment, fermentors, separatory The "labor in hooking" could then
funnel, flask, heating mantle, gas conceivably require the services of one
generator, or their substitute. [Sec 3, RA person to do the attaching of the hook
9165]. to the net or sling. [First Plywood Corp.
v. CA, GR 84460. Nov. 13, 1992].
Labor Code of the Philippines. PD 442
entitled A Decree instituting a Labor Labor legislation. Statutes, regulations
Code, thereby revising and consolidating and jurisprudence governing the
labor and social laws to afford relations between capital and labor, by
protection to labor, promote providing for certain employment
employment and human resources standards and a legal framework for
development and ensure industrial negotiating, adjusting and administering
peace based on social justice signed those standards and other incidents of
into law on May 1, 1974 and took effect employment. [Azucena, The Labor Code
on Nov. 1, 1974. with Comments and Cases, Vol. 1, 4th
Ed. 1999, p. 7].
Labor dispute. Controversy concerning
the association or representation of Labor-management committee. A
persons in negotiating, fixing, negotiating body in a business
maintaining, changing or seeking to enterprise composed of the
arrange terms or conditions of representatives of labor and

352
management created to establish a

productivity incentives program, and to Labor standards. The minimum
settle disputes arising therefrom in requirements prescribed by existing
accordance with Sec. 9 of RA 6971. laws, rules, and regulations relating to
[Sec. 4, RA 6971]. wages, hours of work, cost of living
allowance and other monetary and
Labor-only contracting. This occurs welfare benefits, including occupational,
where the person supplying workers to safety, and health standards [Maternity
an employer does not have substantial Children's Hospital v. Sec. of Labor GR
capital or investment in the form of 78909. June 30, 1989, citing Sec. 7,
tools, equipment, machineries, work Rule I, Rules on the Disposition of Labor
premises, among others, and the Standards Cases in the Regional Office,
workers recruited and placed by such dated Sep. 16, 1987].
person are performing activities which
are directly related to the principal Labor standards law. The law which
business of such employer. In such sets out the minimum terms, conditions
cases, the person or intermediary shall and benefits of employment that
be considered merely as an agent of the employers must provide or comply with
employer who shall be responsible to and to which employees are entitled as
the workers in the same manner and a matter of legal right. [Azucena, The
extent as if the latter were directly Labor Code with Comments and Cases,
employed by him. [Art. 106, LC]. Vol. 1, 4th Ed. 1999, p. 7].
Compare with Job contracting.
Labor statutes. Laws that govern the
Labor organization. 1. Any labor union rights and obligations of employers and
or any auxiliary thereof, such as a employees, providing as well for the
cooperative, a credit union and an rules by which such rights and
institution engaged in research, obligations may be enforced. [Suarez,
education or communications. [Sec. 2, Stat. Con., (1993), p. 91].
PD 823]. 2. Any union or association of
employees which exists in whole or in Labor union. A combination or
part for the purpose of collective association of workers organized for the
bargaining or of dealing with employers purpose of securing favorable wages,
concerning terms and conditions of improved labor conditions, better hours
employment. [Art. 212, LC]. of labor, etc., and righting grievances
against employers. [Blacks Law Dict.,
Labor relations. All aspects of employer- Abr. 5th Ed. (1983), pp. 452-453].
employee relationship which involve
concerted action on the part of the Labor union constitution. A covenant
workers. It is usually associated with all between the union and its members and
the ramifications of collective bargaining among the members. [Johnson and
and negotiations and concerted Johnson Labor Union-FFW v. Dir. of
activities such as strike, picket, mass Labor Rel., GR 76427. Feb. 21, 1989].
leave and the like. [Poquiz, Labor Rel.
Law, 1999 Ed. p. 2]. Lacerated wound. Tear of the skin due
to forcible contact with a blunt
Labor relations law. The law which instrument. The edges of the wound are
defines the status, rights and duties, irregular and do not correspond with the
and the institutional mechanisms, that wounding instrument. It is usually
govern the individual and collective accompanied with varying degrees of
interactions of employers, employees or swelling and contusion. [Morenos Law
their representatives. [Azucena, The Dict., 2000 Ed., p. 259].
Labor Code with Comments and Cases,
Vol. 1, 4th Ed. 1999, p. 7]. Laceration. A wound that is torn rather
than cut. It has rugged, irregular edges
Labor sector. The industrial labor group, and masses of torn or mashed tissue
which includes all non-agricultural underneath. [Morenos Law Dict., 2000
workers and employees. [Sec. 2, EO Ed., p. 259].
198, June 18, 1987].

353
Laches. Also known as Stale demand. have the character or representation

1. The failure or neglect for an which he claims, as, when he is not a
unreasonable and unexplained length of duly appointed executor or
time, to do that which, by exercising administrator of the estate he supports
due diligence, could or should have to represent or that the plaintiff is not a
been done earlier; it is negligence or corporation duly registered in
omission to assert a right within a accordance with law. [Recreation and
reasonable time, warranting the Amusement Assoc. of the Phils. v. City
presumption that the party entitled to of Manila, GR L-7922. Feb. 22, 1957,
assert it either has abandoned or citing I Moran's Comments on the RoC,
declined to assert it. Such neglect or p. 168, 1952 Ed.].
omission to assert a right taken in
conjunction with the lapse of time and Lack of personality to sue. 1. It means
other circumstances causing prejudice that plaintiff is not the real party in
to an adverse party, as will operate as a interest. [Casimiro v. Roque, 98 Phil.
bar in equity. [Heirs of Batiog Lacamen 880 (1956); Gonzales v. Alegarbes, 99
v. Heirs of Laruan 65 SCRA 125 (1975), Phil. 213 (1956)].
Victoriano v. CA, 194 SCRA 19, 24
(1991)]; Jacob v. CA, 224 SCRA 189, Lack of standing. When a plaintiff is not
196 (1993)]. 2. A legal doctrine whereby qualified to appear before the forum
those who take too long to assert a court. [Intl. Law Dict. & Direct., 2004].
legal right, lose their entitlement to
compensation. [Duhaime's Legal Dict., Lactation management. The general
2004]. care of a mother-infant nursing couple
during the mother's prenatal, immediate
Laches. Elements: (a) Conduct on the postpartum and postnatal periods. It
part of the defendant, or of one under deals with educating and providing
whom he claims, giving rise to the knowledge and information to pregnant
situation complained of; (b) delay in and lactating mothers on the
asserting complainant's right after he advantages of breastfeeding, the
had knowledge of the defendant's physiology of lactation, the
conduct and after he has an opportunity establishment and maintenance of
to sue; (c) lack of knowledge or notice lactation, the proper care of the breasts
on the part of the defendant that the and nipples, and such other matters
complainant would assert the right on that would contribute to successful
which he bases his suit; and (d) injury breastfeeding. [Sec. 3, RA 7600].
or prejudice to the defendant in the
event relief is accorded to the Lagay. Tag. Demand for and acceptance
complainant. [Claverias v. Quingco, 207 of "grease money, a form of graft and
SCRA 66, 83 (1992); Buenaventura v. corruption so common in the application
CA, 216 SCRA 818, 824 (1992)]. for licenses and permits from the
government. [Antonio v.
Lack of cause of action. Civ. Pro. The Sandiganbayan, GR L-57937. Oct. 21,
situation where the evidence (which) 1988].
does not sustain the cause of action
alleged is raised in a demurrer to Lagoon. A small lake, ordinarily of
evidence under Rule 33 (of the Rules of fresh water, and not very deep, fed by
Court) after the plaintiff has rested his floods, the hollow bed of which is
case and can be resolved only on the bounded by elevations of land. [Govt. of
basis of the evidence he has presented the Phil. v. Colegio de San Jose, GR
in support of his claim. [Domondon v. 30829. Aug. 28, 1929, citing
Lopez, AM RTJ-02-1696, June 20, Enciclopedia Juridica Espaola, Vol. XXI,
2002]. Compare with Failure to state pp. 124 and 125]
a cause of action.
Lagumbay doctrine. See Statistical
Lack of legal capacity to sue. The term improbability doctrine.
means either that the plaintiff does not
have the necessary qualifications to Laguna Lake. It refers to Laguna de Bay
appear in the case, or when he does not which is that area covered by the lake

354
waters, when it is at the average annual Land banking. The acquisition of land at
maximum lake level of elevation 12.50 values based on existing use in advance
meters, as referred to a datum 10.00 of actual need to promote planned
meters below mean lower low water development and socialized housing
(MLLW). Lands located at and below programs. [Sec. 3, RA 7279].
such elevation are public lands which
form part of the bed of said lake. [Sec. Land exchange. The process of
29, PD 813]. bartering land for another piece of land
and/or shares of stock of equal value in
Lake. 1. An inland body of water, an a government or quasi-government
expanded part of a river, a reservoir corporation. [Sec. 3, PD 1517].
formed by a dam, or a lake basin
intermittently or formerly covered by Landholder-lessor. Any person, natural
water. [Sec. 4, RA 8550]. 2. An inland or juridical, either as owner, lessee,
body of water of considerable size, usufructuary or legal possessor or
occupying a natural basin or depression agricultural land, who lets, leases or
in the earth's surface below the ordinary rents to another said property for
drainage level of the region, fed by purposes of agricultural production and
either surface water or surface streams for a price certain or ascertainable either
or by subterranean streams or springs, in an amount of money or produce.
and having little or no current or motion [Sec. 42, RA 1199]. See Tenant-
of the waters in any particular direction. lessee.
[De Guzman v. Mun. of Taytay, GR
43626. Mar. 7, 1938]. 3. A body of Landing fees. All charges for the use of
water formed in depressions of the any landing strip or runway by any
earth. Ordinarily fresh water, coming aircraft landing or taking off at the
from rivers, brooks, or springs are airport. [Sec. 3, RA 224].
connected with the sea by them. [Govt.
v. Colegio de San Jose, 53 Phil. 423 Landing field. Any locality, either on
(1929)]. water or on land, which is adapted for
landing and taking-off of aircraft located
Lamboid. The line of union or seam along an airway, and is intermediate to
connecting the occipetal bones airports connected by the airway,
(posterior part of the skull) and parietal whether or not facilities are provided for
bones (membrane bones of the roof of the shelter, servicing, or repair of
the skull). [Morenos Law Dict., 2000 aircraft or for receiving or discharging
Ed., p. 261]. passengers or cargo. [Sec. 3, RA 776].
Lamparahan. Tag. A kerosene lamp Landlocked state. A state that has no

which gives off sufficient illumination. seacoast. [Intl. Law Dict. & Direct.,
[People v. Almenario, GR 66420. Apr. 2004].
17, 1989]. Also Gasera
Landlord. A land or building owner who
Land. The lot leased by one who owns has leased the land, the building or a
the dwelling thereon and used part of the land or building, to another
principally for such dwelling and not person. [Duhaime's Legal Dict., 2004].
mainly for business. [Sec. 2, RA 6359].
[Sec. 2, RA 6126]. Landowner. Any person who is an
owner, civil law lessee, usufructuary or
Land assembly or consolidation. The legal possessor of agricultural land.
acquisition of lots of varying ownership [Morenos Law Dict., 2000 Ed., p. 262].
through purchase or expropriation of
the purpose of planned and rational Land Registration Act. Act 496 which
development and socialized housing took effect Jan. 1, 1903. [Bagsa v.
programs without individual property Nagramada, GR 4383. Aug. 31, 1908].
boundary restrictions. [Sec. 3, RA
7279]. Landscape architect. A natural person
qualified to practice Landscape
Architecture and who has been issued a

355
valid certificate of used for different purposes and includes

registration/professional license and a the process and the criteria employed in
valid professional identification card as the determination of the land use. [Sec.
such by the Board of Landscape 4, RA 8435]. 2. The rational approach of
Architecture created under RA 9053 and allocating available resources as
the Professional Regulation Commission equitably as possible among competing
(PRC). [Sec. 2, RA 9053]. user groups and for different functions
consistent with the development plan of
Landscape architecture, scope of the the area and the Program under RA
practice of. The act of planning, 7279. [Sec. 3, RA 7279].
designing, specifying, supervising and
giving general administration and Land use planning. The act of defining
responsible direction to the functional, the allocation, utilization, development
orderly and aesthetic arrangement, and management of all lands within a
changing and development of natural given territory or jurisdiction according
scenery and land areas to produce the to the inherent qualities of the land itself
most desirable effect for human use and and supportive of sustainable economic,
enjoyment of various outdoor spaces demographic, socio-cultural and
which consist of landscape components environmental objectives as an aid to
and the softscape of plants. [Sec. 2, RA decision-making and legislation. [Sec. 4,
9053]. RA 8435].
Land swapping. The process of land Lapsus. Lat. Slip. [Sarmiento III v. Mison,
acquisition by exchanging land for GR 79974. Dec. 17,1987].
another piece of land of equal value, or
for shares of stock in a government or Lapsus calami. Lat. Clerical error. [PNB
quasi-government corporation whose v. De La Vina, GR L-21640. Aug. 28,
book value is of equal value to the land 1924].
being exchanged, for the purpose of
planned and rational development and Lapsus linguae. Lat. Slip of the tongue.
provision for socialized housing where [Claridades, A., Compilation of Notes,
land values are determined based on 2001-2006].
land classification, market value and
assessed value taken from existing tax Lapsus plumae. Lat. Slip of the pen.
declarations. [Sec. 3, RA 7279]. [Claridades, A., Compilation of Notes,
2001-2006].
Land transportation operator. The
owner or owners of motor vehicles for Larceny. 1. An old English criminal and
transportation of passengers for common law offence covering the
compensation, including school buses. unlawful or fraudulent removal of
[Sec. 373, IC]. another's property without the owner's
consent. The offence of theft now
Land use. The manner of utilizing the covers most cases of larceny. But
land, including its allocation, larceny is wider than theft as it includes
development and management. [Sec. 4, the taking of property of another person
RA 8435]. by whatever means (by theft, overtly,
by fraud, by trickery, etc.) if an intent
Land use plan. 1. A document exists to convert that property to one's
embodying a set of policies own use against the wishes of the
accompanied by maps and similar owner. 2. Obtaining property by fraud or
illustrations which represent the deceit. [Glossary of Legal Terms (Pro-
community-desired pattern of Se), 2004].
population distribution and a proposal
for the future allocation of land to the Large cattle. 1. Cow, carabao, horse,
various land-using activities, in mule, ass, or other domesticated
accordance with the social and member of the bovine family. [Sec. 2,
economic objectives of the people. It PD 533]. 2. The term, as used in Art.
identifies the location, character and 310 of the Rev. Penal Code, refers to
extent of the area's land resources to be ganado mayor such as mules, as

356
distinguished from ganado menor like cases, the person who had the last clear
sheep. [People v. Nazareno, GR L- chance to avoid the mishap is
40037. Apr. 30, 1976]. See Small considered in law solely responsible for
cattle. the consequences thereof. [McKee v.
IAC, GR 68102. July 16, 1992]. 2. The
Large cattle owner or raiser. The doctrine may be stated as follows:
herdsman, caretaker, employee or Where both parties are negligent in such
tenant of any firm or entity engaged in a way that it would be impossible to
the raising of large cattle or other determine whose negligence was the
persons in lawful possession of such proximate cause of the accident, the
large cattle. [Sec. 2, PD 533]. party who had the last clear chance or
opportunity to avoid the accident by the
Large-scale illegal recruitment. Labor. use of proper care but failed to do so is
Requisites: (a) the offender has not considered in law solely responsible for
been duly licensed to engage in the consequences of the accident [Picart
recruitment activities; (b) he has v. Smith 37 Phil 809; Ong v.
engaged in illegal recruitment activities, Metropolitan Water District, L-7694,
offering employment abroad for a fee; Aug. 29, 1958].
(c) he has carried out the illegal
recruitment activities against three (3) Last minutes appointments See
or more persons. [Dean Tupaz, 24 Midnight appointments.
Hours Before the Bar (1st Ed. 2005), p.
167, citing People v. Fortuna, Jan. 16, Last two. An illegal numbers game
2003]. where the winning combination is
derived from the last two (2) numbers
Large taxpayer. A taxpayer who of the first prize of the winning
satisfies any of the following criteria: (a) Sweepstakes ticket which comes out
Value-Added Tax (VAT) during the weekly draw of the Philippine
Business establishment with VAT paid or Charity Sweepstakes Office (PCSO), and
payable of at least One hundred its variants. [Sec. 2, RA 9287].
thousand pesos (P100,000) for any
quarter of the preceding taxable year; Latent ambiguity. See Intrinsic
(b) Excise Tax Business ambiguity.
establishment with excise tax paid or
payable of at least One million pesos Lateran Treaty. Intl. Law. 1. The treaty
(P1,000,000) for the preceding taxable entered into in 1929 by and between
year; (c) Corporate Income Tax Italy and the Holy See, where Italy
Business establishment with annual recognized the exclusive dominion and
income tax paid or payable of at least sovereign jurisdiction of the Holy See
One million pesos (P1,000,000) for the over the Vatican City. It also recognized
preceding taxable year; and (d) the right of the Holy See to receive
Withholding Tax Business foreign diplomats, to send its own
establishment with withholding tax diplomats to foreign countries, and to
payment or remittance of at least One enter into treaties according to
million pesos (P1,000,000) for the International Law. [Garcia, Questions
preceding taxable year. [Sec. 245, and Problems in Intl. Law, Public and
NIRC, as amended]. Private 81 (1948)]. 2. It established the
statehood of the Vatican City "for the
Last clear chance doctrine. Also known purpose of assuring to the Holy See
as the Doctrine of discovered peril absolute and visible independence and
or the Humanitarian doctrine. 1. A of guaranteeing to it indisputable
doctrine in the law of torts which states sovereignty also in the field of
that the contributory negligence of the international relations. [O'Connell, I Intl.
party injured will not defeat the claim Law 311 (1965)].
for damages if it is shown that the
defendant might, by the exercise of Laundry detergent. A product
reasonable care and prudence, have containing a surfactant and other
avoided the consequences of the ingredients, formulated to clean and
negligence of the injured party. In such

357
care for the many different fabrics in the plenary power in the State which
family wash. [Sec. 2, RA 8970]. enables it to prohibit all things hurtful to
the comfort, safety, and welfare of
Law. 1. A rule of conduct, just and society. [Phil. Assoc. of Service
obligatory, laid down by legitimate Exporters, Inc. v. Drilon, GR 81958,
authority for the common observance June 30, 1988].
and benefit. [Suarez, Stat. Con., (1993),
p. 36, citing Sanchez Roman, 23]. 2. All Law of the case. 1. The opinion
the rules of conduct that have been delivered on a former appeal. More
approved by the government and which specifically, it means that whatever is
are in force over a certain territory and once irrevocably established, as the
which must be obeyed by all persons on controlling legal rule of decision
that territory. [Duhaime's Legal Dict., between the same parties in the same
2004]. case continues to be the law of the
case, whether correct on general
Lawful interest. The rate of interest principles or not, so long as the facts on
prescribed by law as the highest which which such decision was predicated
may be lawfully contracted for or continue to be the facts of the case
exacted. [Martin, Commentaries and before the court. [People v. Pinuila, GR
Jurisp. on Comml. Laws, Vol. 1, 1988 L-11374, May 30, 1958, 55 Off. Gaz.,
Rev. Ed., p. 415]. Compare with Legal 4228, citing 21 CJS 330]. 2. An
interest. established rule that when an appellate
court passes on a question and remands
Lawful means. The means employed (in the cause to the lower court for further
the exercise of police power) which are proceedings, the question there settled
reasonably necessary to the attainment becomes the law of the case upon
of the object sought to be accomplished subsequent appeal. [Trinidad v.
and not unduly oppressive upon Archbishop of Manila, 63 Phil. 881,913,
individuals. [DECS v. San Diego, GR citing Ballentine Law Dict.].
89572. Dec. 21, 1989].
Law of the flag. The conflict of laws
Lawful subject. The interests of the rule, still found in many national laws
public generally (in the exercise of and international conventions, which
police power), as distinguished from subjected various maritime law matters
those of a particular class, which require to the law of the flag or port of registry
the interference of the State. [DECS v. of the ship. The concept bore the
San Diego, GR 89572. Dec. 21, 1989]. imprint of nineteenth-century theories of
the law of the citizen, espoused by
Law merchant. Also Law mercatoria. Napoleon Bonaparte and Mancini.
1. A body of law relating to certain Today, the emergence of flags of
mercantile transactions and instruments convenience, double-flagging, flagging
of widespread use, now incorporated out, and the increasing insistence in
into, and regarded as part of, the many international conventions on a
common law. 2. A collection of rules genuine link between the flag and the
recognized by merchants through the ship, have reduced the importance of
centuries and subsequently adopted by the law of the flag to merely one
legislation (notably in common law contact, or connecting factor, among
countries). [Torres, Oblig. & Cont., 2000 others in maritime conflicts of law.
Ed., p. 351]. [Tetley, Glossary of Conflict of Laws,
2004].
Law of nations. The body of legal rules
binding on states in their international Law of the person. Also Lex patriae.
dealings with other states. [Intl. Law Wherever a person is a citizen, he had
Dict. & Direct., 2004]. his laws follow him throughout the
world. The French Emperor Napoleon
Law of overwhelming necessity. The Bonaparte promoted this approach in
police power of the State which is a the first Civil Code of France (1804). He
power coextensive with self-protection. believed that the French Civil Code was
It may be said to be that inherent and superior to all other forms of law, and

358
thus French citizens should benefit from

it, wherever they were. The original Civil Lay corporation. A corporation
Code of France, at the third paragraph organized for a purpose other than
of article three, invoked the law of the religion. [De Leon, Corp. Code of the
citizen for questions of status and Phil. Annotated, 1989 Ed., p. 39].
capacity. Mancini advanced the lex Compare with Ecclesiastical
patriae theory further in the second half corporation.
of the nineteenth century. The law of
the flag, as a concept, was very similar Lay days. The days that a charterer may
to the concept of the law of the citizen, keep a chartered ship idle for the
or person, of Napoleon and Mancini. loading of goods. [Intl. Law Dict. &
[Tetley, Glossary of Conflict of Laws, Direct., 2004].
2004].
Laying the predicate. Evid. The
Law on municipal corporations. The requisites comprising the proper
study of the general principal principles procedure for impeaching a witness by
governing municipal corporations, the evidence of alleged inconsistent
laws affecting the creation, organization statements, that is: (a) by confronting
and the government of provinces, cities, the witness with such statements, with
municipalities and barangays; the scope the circumstances under which they
and application of the powers of were made; (b) by asking him whether
municipal ordinances, contracts, he made such statements, and (c) by
liabilities, and enterprises. [Suarez, Pol. giving him the chance to explain the
Law Reviewer, 1st Ed., 2002, p. 3]. inconsistency. If the statements were
made in writing, the documents must be
Law on public officers. A study of the shown to the witness before he may be
creation, modification and dissolution of asked to explain the discrepancy. Unless
public office as well as the eligibility of the witness is given the opportunity to
public officers, the manner of their explain the inconsistency, the
election or appointment and assumption impeachment is incomplete. [Regalado,
of office, their rights, duties, powers, Remedial Law Compendium, 6th Rev.
inhibitions and liabilities, and the modes Ed., p. 537, citing US v. Baluyot, 40 Phil.
of terminating official relations. [Suarez, 385; People v. Rosabal, 50 Phil. 780;
Pol. Law Reviewer, 1st Ed., 2002, p. 2]. People v. Escosura, 46 OG 918].
Law society. Group of individuals Lay-off. A termination initiated by the

interested in the law. [Intl. Law Dict. & employer without prejudice to recall or
Direct., 2004]. rehiring of a worker who has been
temporarily separated from the service.
Law study. The acquisition of knowledge [Poquiz, Labor Rel. Law, 1999 Ed. p.
of the law, as by reading or reflection, 22]. See Retrenchment.
commonly as part of a course of study
at a college or university. [Intl. Law Leading questions. 1. A question which
Dict. & Direct., 2004]. suggests to the witness the answer
which the examining party desires. [Sec.
Lawsuit. An action or proceeding in a 10, Rule 132, RoC]. 2. Questions which
civil court; term used for a suit or action are so put that the witness merely
between two private parties in a court assents to or dissents from a statement
of law. [Glossary of Legal Terms (Pro- or assertion of an examining counsel put
Se), 2004]. with such vocal inflection as to be a
question. [People v. Caparas, GR L-
Lawyer. A person trained in the law and 47411. Jan. 18, 1982, citing 23 CJS 40].
authorized to advise or represent others 2. Questions which suggests an answer;
in legal matters. A person licensed to usually answerable by yes or no. These
practice law. [Blacks Law Dict., 6th Ed., are forbidden to ensure that the witness
p. 888]. Also known as an Attorney- is not coached by their lawyer through
at-Law. his testimony. Leading questions are
only acceptable in cross-examination or
Lawyers oath. See Attorneys oath. where a witness is declared hostile.

359
[Duhaime's Legal Dict., 2004]. Compare rent, compensation or price. [Kilosbayan

with Misleading question. v. Morato, GR 118910. July 17, 1995,
citing 5 Padilla, Civil Code 611 (6th Ed.
League of Nations. Intergovernmental 1974)]. 2. A special kind of contract
organization, established in 1919 at the between a property owner and a person
Paris Peace Convention, for the wanting temporary enjoyment and use
promotion of international peace and of the property, in exchange for rent
security. Dissolved in 1946. Its assets paid to the property owner. Where the
(including the Palais des Nations in property is land, a building, or parts of
Geneva) were transferred to the United either, the property owner is called a
nations. [Intl. Law Dict. & Direct., landlord and the person that contracts
2004]. to receive the temporary enjoyment and
use is called a tenant. [Duhaime's Legal
Learner. 1. Labor. Persons hired as Dict., 2004].
trainees in semi-skilled and other
industrial occupations which are non- Leasehold. Real property held under a
apprenticeable and which may be lease. [Duhaime's Legal Dict., 2004].
learned through practical training on the
job in a relatively short period of time Leave. 1. Willful departure with intent to
which shall not exceed three months. remain away and not temporary
[Art. 73, LC]. 2. Basic Education Act of absence with intention of returning.
2001. Any individual seeking basic [Black's Law Dict., Rev. 4th Ed., p. 1036
literacy skills and functional life skills or citing Landreth v. Casey, 340 Ill. 519,
support services for the improvement of 173 NE 84, 85]. 2. A positive and
the quality of his/her life. [Sec. 4, RA voluntary act of departure and does not
9155]. include death, which is involuntary.
[Marcopper Mining Corp. v. NLRC, GR
Learnership agreement. The 83207. Aug. 5, 1991]. 3. Permission or
employment and training contract authorization to do something. [Blacks
entered into between the employer and Law Dict., Abr. 5th Ed. (1983), p. 462].
the learner. [Art. 73, LC].
Leave of court. Permission obtained
Learning center. A physical space to from a court to take some action which,
house learning resources and facilities of without such permission, would not be
a learning program for out-of-school allowable. [Blacks Law Dict., Abr. 5th
youth and adults. It is a venue for face- Ed. (1983), p. 462].
to-face learning and activities and other
learning opportunities for community Lechery. Lust. [Claridades, A.,
development and improvement of the Compilation of Notes, 2001-2006].
people's quality of life. [Sec. 4, RA
9155]. Ledger. A book of final entry to which are
posted the classified accounts or items
Learning facilitator. The key learning of all transactions entered in the journal
support person who is responsible for or its equivalent. [Martin, Commentaries
supervising/facilitating the learning and Jurisp. on Comml. Laws, Vol. 1,
process and activities of the learner. 1988 Rev. Ed., p. 34].
[Sec. 4, RA 9155].
Legacy. 1. A provision in a will which
Lease. A contract whereby a person leaves certain property to a designated
grants temporarily the use of a thing for individual. Sometimes referred to as a
an agreed consideration. [Morenos Law bequest. [Torres, Oblig. & Cont., 2000
Dict., 2000 Ed., p. 264]. Ed., p. 352]. 2. Gifts of personal
property given by virtue of a will.
Lease contract. 1. A consensual, Compare with Devise.
bilateral, onerous and commutative
contract by which one person binds Legal aid. Professional legal services
himself to grant temporarily the use of a available usually to persons or
thing or the rendering of some service organizations unable to afford such
to another who undertakes to pay some

360
services. [Glossary of Legal Terms (Pro-

Se), 2004]. Legal document available. The papers
at hand with respect to the property.
Legal capacity. Intl. Law. Qualification [Memo. from the Exec. Sec. dated Aug.
or authority, such as the qualification or 20, 1998].
authority to carry on international
relations. [Intl. Law Dict. & Direct., Legal duty. In libel, a provision of law
2004]. conferring upon the accused the duty to
communicate. [Morenos Law Dict.,
Legal capacity to sue. It refers to the 2000 Ed., p. 265].
fact that a party is not suffering from
any disability such as minority, insanity, Legal easements. Easements imposed
covertures, lack of juridical personality, by law which have for their object either
incompetence, civil interdiction or does public use or the interest of private
not have the character or representation persons. [Art. 634, CC].
which he claims or with respect to
foreign corporation, that it is doing Legal estate in fee simple. An interest
business in the Philippines with a in real estate in the form of absolute
license. [Bench Book for Trial Court ownership, subject only to legal
Judges, p. 2-19]. limitations. [Morenos Law Dict., 2000
Ed., p. 265].
Legal capital. Corp. Law. The amount
equal to the aggregate par value and/or Legal ethics. The branch of moral
issued value of the outstanding capital science which treats of the duties which
stock. [De Leon, Corp. Code of the Phil. an attorney owes to the court, to his
Annotated, 1989 Ed., pp. 53-54]. client, to his colleagues in the profession
and to the public. [Malcolm, Legal and
Legal compensation. Compensation Judicial Ethics].
which takes place by operation of law,
even though the debts may be payable Legal ethics and professional
at different places, but there shall be an responsibility. The area of law that
indemnity for expenses of exchange or involves the principles of conduct
transportation to the place of payment. governing an individual or a group,
[Art. 1286, CC]. Compare with specifically the legal industry. [LawInfo
Voluntary compensation. Legal Dictionary (2005)].
Legal custody. A child custody decision Legal evidence. Evidence which is not
which entails the right to make, or confined to the human voice or oral
participate in, the significant decisions testimony but also includes every
affecting a child's health and welfare. tangible object capable of making a
[Duhaime's Legal Dict., 2004]. truthful statement. [Morenos Law Dict.,
2000 Ed., p. 265].
Legal delivery. See Constructive
delivery. Legal exchange rate. Also Par of
change. The official rate of exchange,
Legal discretion. Discretion which is established by a government, in
exercised in discerning the course contrast to the free market rate. It
prescribed by law and which, when signifies the amount it takes of one
discerned, it is the duty of the court to currency (for example, based on gold)
follow. [People v. Dacuycuy, GR L- to buy a unit in another currency (also
45127. May 5, 1989, citing 16 Am. Jur. based on gold) that is, how many pieces
2d, 902]. of the one unit (or their gold content)
are necessary to equal the gold content
Legal dispute. A disagreement as to the of the other unit. [Gonzalo L. Manuel &
existence of a legal right or obligation, Co. v. Central Bank, GR L-21789. Apr.
or as to the nature and extent of the 30, 1971, citing Dict. of Foreign Trade,
compensation due for the breach of Henius, p. 294 and 467].
such a right or obligation. [Intl. Law

361
Legal guardian. Any person duly action. [Morenos Law Dict., 2000 Ed., p.
appointed by a court of competent 266].
authority to exercise care and custody
of or parental authority over the person Legally-free child. A child who has been
of such child/employee. [Sec. 2, RA voluntarily or involuntarily committed to
7658]. the DSWD, in accordance with the Child
and Youth Welfare Code. [Sec. 3, RA
Legal heirs. The term is used in Sec. 119 8043].
of the Public Land Act in a generic
sense. It is broad enough to cover any Legal medicine. That branch of
person who is called to the succession medicine that applies medical and
either by provision of a will or by surgical concepts, scientific knowledge
operation of law. Thus, legal heirs and skills to medicolegal issues in order
include both testate and intestate heirs to assist the trier of facts in the proper
depending upon whether succession is dispensation of justice. [Olarte, Legal
by the will of the testator or by law. Med., 1st Ed. (2004), p. 1].
Legal heirs are not necessarily
compulsory heirs but they may be so if Legal name. The full first Christian name
the law reserves a legitime for them. and surname. [Morenos Law Dict., 2000
[Madarcos v. Dela Merced, GR 39975. Ed., p. 266].
June 30, 1989]. See Intestate heirs.
Legal offer. A proposal which must be
Legal impossibility. Crim. Law. This certain as to the object, the price and
occurs where the intended acts, even if other essential terms of the contract.
completed, would not amount to a [Art. 1319, CC].
crime. Legal impossibility would apply to
those circumstances where: (a) the Legal order. The authoritative code of a
motive, desire and expectation is to polity. Such code consists of all the rules
perform an act in violation of the law; found in the enactments of the organs
(b) there is intention to perform the of the polity. Where the state operates
physical act; (c) there is a performance under a written constitution, its organs
of the intended physical act; and (d) the may be readily determined from a
consequence resulting from the reading of its provisions. Once such
intended act does not amount to a organs are ascertained, it becomes an
crime. [Intod v. CA, GR 103119. Oct. easy matter to locate their enactments.
21, 1992]. The rules in such enactments, along
with those in the constitution, comprise
Legal interest. That rate of interest fixed the legal order of that constitutional
by law at 12% per annum which will state. [In Re: Puno, AM 90-11-2697-CA.
prevail in the absence of any special June 29, 1992].
agreement as to the rate between the
parties. [Martin, Commentaries and Legal or intestate succession. Legal or
Jurisp. on Comml. Laws, Vol. 1, 1988 intestate succession takes place: (a) if a
Rev. Ed., p. 415]. Compare with Lawful person dies without a will, or with a void
interest. will, or one which has subsequently lost
its validity; (b) when the will does not
Legal jeopardy. Requisites: It attaches institute an heir to, or dispose of all the
only (a) upon a valid indictment, (b) property belonging to the testator. In
before a competent court, (c) after such case, legal succession shall take
arraignment, (d) a valid plea having place only with respect to the property
been entered, and (e) the case was of which the testator has not disposed;
dismissed or otherwise terminated (c) if the suspensive condition attached
without the express consent of the to the institution of heir does not
accused. [Martinez v. CA, GR 112387. happen or is not fulfilled, or if the heir
Oct. 13, 1994] dies before the testator, or repudiates
the inheritance, there being no
Legal liability. The state of one who is substitution, and no right of accretion
bound in law and justice to do takes place; (d) when the heir instituted
something which may be enforced by is incapable of succeeding, except in

362
cases provided in the Civil Code. [Art. Legal resident. A person who has
960]. Compare with Testamentary obtained permanent residency status in
succession. accordance with the law of the host
country. [Sec. 2, IRR, RA 8042].
Legal ownership. The title of one who
has the naked ownership. [Morenos Legal right. A right founded in or
Law Dict., 2000 Ed., p. 266]. granted by law. [Morenos Law Dict.,
2000 Ed., p. 267].
Legal period. The period is fixed by law.
[Diaz, Bus. Law Rev., 1991 Ed., p. 16]. Legal separation. The separation of the
husband and wife from bed and board
Legal possessor. 1. One who, but for without having the marriage bond
the reservation of strict legal title in the severed. [Claridades, A., Compilation of
conditional vendor, or giving of a strict Notes, 2001-2006].
legal title in a conditional vendor, or the
giving of a strict legal title to a chattel Legal separation. Grounds: (a)
mortgagee, would have the status of a Repeated physical violence or grossly
full and unqualified owner. 2. One who abusive conduct directed against the
can do all acts of ownership or acts of petitioner, a common child, or a child of
strict dominion except that he does not the petitioner; (b) physical violence or
have strict legal title over the property. moral pressure to compel the petitioner
[Morenos Law Dict., 2000 Ed., p. 266]. to change religious or political affiliation;
(c) attempt of respondent to corrupt or
Legal process. A formal paper that is induce the petitioner, a common child,
legally valid; something issuing from the or a child of the petitioner, to engage in
court, usually a command such as a writ prostitution, or connivance in such
or mandate. [Glossary of Legal Terms corruption or inducement; (d) final
(Pro-Se), 2004]. judgment sentencing the respondent to
imprisonment of more than six years,
Legal redemption. The right to be even if pardoned; (e) drug addiction or
subrogated, upon the same terms and habitual alcoholism of the respondent;
conditions stipulated in the contract, in (f) lesbianism or homosexuality of the
the place of one who acquires a thing respondent; (g) contracting by the
by purchase or dation in payment, or by respondent of a subsequent bigamous
any other transaction whereby marriage, whether in the Philippines or
ownership is transmitted by onerous abroad; (h) sexual infidelity or
title. [Art. 1619, CC]. Compare with perversion; (i) attempt by the
Conventional redemption. respondent against the life of the
petitioner; or (j) abandonment of
Legal representatives. Succ. 1. petitioner by respondent without
Legatees and devisees of a deceased justifiable cause for more than one year.
who become such from the moment of [Art. 55, FC].
death of the latter because they are
beneficially interested in and succeed to Legal separation, petition for.
the properties and rights of the Grounds for denial: (a) Where the
decedent. 2. The term has been used to aggrieved party has condoned the
designate an administrator or executor, offense or act complained of; (b) where
devisees and legatees, children, the aggrieved party has consented to
brothers and sisters, and almost all the commission of the offense or act
degrees of relationship. [Morenos Law complained of; (c) where there is
Dict., 2000 Ed., p. 267]. connivance between the parties in the
commission of the offense or act
Legal residence. The term imports not constituting the ground for legal
only intention to reside in a fixed place separation; (d) where both parties have
but also personal presence in that place, given ground for legal separation; (e)
coupled with conduct indicative of such where there is collusion between the
intention. [Chieng Yen v. Rep., GR L- parties to obtain decree of legal
18885. Jan. 31, 1964]. separation; or (f) where the action is
barred by prescription. [Art. 56, FC].

363
relations with other states. The right to

Legal sovereignty. Pol. Law. The send diplomatic representatives is know
supreme authority to enact laws to issue as the active right of legation while the
final commands. [Suarez, Pol. Law right to receive diplomatic
Reviewer, 1st Ed., 2002, p. 35]. representatives is known as the Passive
Compare with Political sovereignty. right of legation. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 81].
Legal standing. A personal and
substantial interest in the case such that Leges posteriores priores contrarias
the party has sustained or will sustain abrogant. Lat. A later statute which is
direct injury as a result of the repugnant to an earlier statute is
governmental act that is being deemed to have abrogated the earlier
challenged. [De Joya v. PCGG, GR one on the same subject matter.
96541. Aug. 24, 1993]. See Locus [Carabao, Inc. v. Agricultural
standi. Productivity Commission, GR L-29304.
Sep. 30, 1970].
Legal subrogation. Subrogation which
takes place without agreement but by Legis interpretatio legis vim obtinet.
operation of law because of certain acts; Lat. The interpretation placed upon the
this is the subrogation referred to in Art. written law by a competent court has
1302 of the Civil Code. [Chemphil v. CA, the force of law. [People v. Jabinal, GR
GR 112438-39. Dec. 12, 1995, citing L-30061. Feb. 27, 1974].
Tolentino, Commentaries & Jurisp. on
the Civil Code of the Phil., Vol. IV, pp. Legislation. The act of giving or enacting
401-402]. laws; the power to make laws via
legislation in contrast to court-made
Legal tender. 1. That currency which laws. [Glossary of Legal Terms (Pro-Se),
has been made suitable by law for the 2004].
purposes of a tender of the payment of
debts. [Peralta v. Serrano, GR L-16523. Legislative authorization. (The second
Nov. 29, 1960, citing 2 Bouvier's Law step in the government budgeting
Dict. (3rd Rev.) 1912]. 2. That currency process at which) stage, Congress
which a debtor can legally compel a enters the picture and deliberates or
creditor to accept in payment of a debt acts on the budget proposals of the
both private and public. [Diaz, Bus. Law President, and Congress in the exercise
Rev., 1991 Ed., p. 40]. of its own judgment and wisdom
formulates an appropriation act
Legal title. Title of one who has the precisely following the process
naked ownership. [Morenos Law Dict., established by the Constitution, which
2000 Ed., p. 267]. specifies that no money may be paid
from the Treasury except in accordance
Legal writing. A specialized field of with an appropriation made by law.
writing, the main concentration of which [Guingona, Jr. v. Carague, GR 94571.
is the grammatical use of English. It Apr. 22, 1991].
may be divided into two main forms:
advisory and argumentative. The Legislative contempt. The power which
purpose of the former is to inform, like though not expressly vested in Congress
opinion letters to clients. The purpose of by the Constitution has been invoked by
the latter is to persuade, like the legislative body to punish non-
memorandums and briefs. [Cruz and members for contempt and as a means
Quiason, Fundamentals of English of preserving its authority and dignity
Grammar, 2001 Ed., pp. 7-8]. [Arnault v. Nazareno, 87 Phil. 29
(1950); Arnault v. Balagtas, 97 Phil. 358
Legatees. Persons to whom gifts of (1955)].
personal property are given by virtue of
a will. [Art. 782, CC]. Legislative power. 1. The authority of
the legislature to make laws and to alter
Legation, right of. Intl. Law. The right or repeal them. [Suarez, Stat. Con.,
of a state to maintain diplomatic (1993), p. 52]. 2. It is vested in the

364
Congress of the Philippines consisting of Art. 271, CC]. Compare with

the Senate and the House of Illegitimate children.
Representatives. [Sec. 1, Art. VI, 1987
Const.]. Legitimated children. Children
conceived and born outside of wedlock
Legislative rules. Rules which are in the of parents who, at the time of the
nature of subordinate legislations, conception of the former, were not
designed to implement a primary disqualified by any impediment to marry
legislation by providing the details each other. [Art. 177, FC].
thereof. In the same way that laws must
have the benefit of public hearing, it is Legitimate labor organization. Any
generally required that before a labor organization duly registered with
legislative rule is adopted there must be the DOLE, and includes any branch or
hearing. [Misamis Or. Assoc. of Coco local thereof. [Art. 212(h), LC].
Traders v. DOF Sec., GR 108524. Nov.
10, 1994]. Compare with Legitimation. It takes place by a
Interpretative rule. subsequent valid marriage between
parents. The annulment of a voidable
Legitimacy of a child. Grounds for marriage shall not affect the
impugning: (a) That it was physically legitimation. [Art. 178, FC]. Its effects
impossible for the husband to have shall retroact to the time of the child's
sexual intercourse with his wife within birth. [Art. 180, FC].
the first 120 days of the 300 days which
immediately preceded the birth of the Legitimation. Requisites: (a) That the
child because of: (a.1) the physical child be a natural child; (b) that he be
incapacity of the husband to have recognized by both parents either
sexual intercourse with his wife; (a.2) before or after a valid marriage; and (c)
the fact that the husband and wife were that there be a subsequent valid
living separately in such a way that marriage of the parents [De Santos v.
sexual intercourse was not possible; or Angeles, GR 105619. Dec. 12, 1995,
(a.3) serious illness of the husband, citing Paras, Civil Code of the Phil.
which absolutely prevented sexual Annotated, 1984 Ed. Vol. I, p. 651].
intercourse; (b) that it is proved that for
biological or other scientific reasons, the Legitime. Succ. That part of the
child could not have been that of the testator's property which he cannot
husband, except in the instance dispose of because the law has reserved
provided in the second paragraph of Art. it for certain heirs who are, therefore,
164, FC; or (c) that in case of children called compulsory heirs. [Art. 886, CC].
conceived through artificial
insemination, the written authorization Legua communal. Sp. Communal lands.
or ratification of either parent was A property held by a municipality for the
obtained through mistake, fraud, state in trust for the inhabitants which
violence, intimidation, or undue the state is free to dispose of at will.
influence. [Art. 166, FC]. [Suarez, Pol. Law Reviewer, 1st Ed.,
2002, p. 191, citing Salas v. Jarencio,
Legitimate. That which is legal, lawful, GR L-29788. Aug. 30, 1972].
recognized by law or according to law.
[Glossary of Legal Terms (Pro-Se), Lend. A purchase coupled with an
2004]. agreement by the vendor to repurchase;
Borrow includes a sale coupled with a
Legitimate children. 1. Children similar agreement. [Sec. 3, RA 2629].
conceived or born during the marriage
of the parents. [Art. 164, FC]. 2. Those Lending investors. All persons who
originally natural children but later make a practice of lending money for
considered as legitimate by virtue of themselves or others at interest. [Sec.
their recognition by both parents and 1, PD 426].
the latters' subsequent marriage. [In
Re: Hofillena v. Rep., GR L-26476. Aug. Leniency. Recommendation for a
31, 1970, citing 4 Castan, 6th Ed., p. 6a; sentence less than the maximum

365
allowed. [Glossary of Legal Terms (Pro- Sec.4, RA 9161]. Owner of the dwelling
Se), 2004]. place and/or residential site or the
administrator or agent of such owner, as
Leprosy. A chronic, mildly contagious, well as sub-lessors. [Sec. 2, RA 6359;
infectious disease characterized by both Sec. 2, RA 6126].
cutaneous and constitutional symptoms
and the production of various Less serious physical injuries. Crim.
deformities and mutilations. [Clemente Law. The felony committed by any
v. GSIS, GR L-47521. July 31, 1987]. person who shall inflict upon another
physical injuries not described in Art.
Lesbian. Also Tribadist. Legal Med. A 263 and 264 of the Rev. Penal Code, but
woman homosexual who has the secret which shall incapacitate the offended
desire to make love with another party for labor for ten days or more, or
woman and most of whom have shall require medical assistance for the
antipathy towards men. [Olarte, Legal same period; or by any person who shall
Med., 1st Ed. (2004), p. 113]. inflict less serious physical injuries with
the manifest intent to kill or offend the
Lesion. 1. Civ. Law. Any damage suffered injured person, or under circumstances
by reason of the fact that the price is adding ignominy to the offense; or by
unjust or inadequate. [Diaz, Bus. Law any person who shall inflict any less
Rev., 1991 Ed., p. 75]. 2. Legal Med. serious physical injuries upon the
Any change in the structure of an organ offender's parents, ascendants,
due to injury or disease, whether guardians, curators, teachers, or
apparent or diagnosed as the cause of a persons of rank, or persons in authority,
functional irregularity or disturbance. 2. provided that, in the case of persons in
Civ. Law. The injury suffered by one authority, the deed does not constitute
who does not receive a full equivalent the crime of assault upon such person.
for what he has given in a commutative [Art. 265, RPC].
contract. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 469]. Letter. A message in writing, which may
be in any language or in code,
Lesiones graves. Sp. Grave physical contained in a sealed or unsealed
injuries. [US v. Perez, GR 11451. Oct. envelope or not in an envelope at all, of
19, 1916]. such physical dimensions and weights
allowed by the Corporation or the
Lesiones leves. Sp. Slight physical Government, and intended for delivery
injuries. [US v. Perez, GR 11451. Oct. to a person or entity displayed legibly on
19, 1916]. one of its faces. [Sec. 2, RA 7354].
Lesiones menos graves. Sp. Less grave Letter of credence. Also Lettre de
physical injuries. [US v. Perez, GR creance. Intl. Law. The document
11451. Oct. 19, 1916]. carried by a diplomatic representative
by virtue of which he is accredited to
Lessee. 1. The person renting a the receiving state with the request that
residential unit. [Sec. 2, BP 25; Sec.4, full faith and credit be given to his
RA 9161]. 2. The person and/or his official acts. [Cruz, Intl. Law Reviewer,
family renting the dwelling place, as well 1996 Ed., pp. 83-84].
as sub-lessees. [Sec. 2, RA 6359; Sec.
2, RA 6126]. Letter of credit. 1. A letter issued by
one merchant to another for the
Less grave felonies. Those felonies purpose of attending to a commercial
which the law punishes with penalties transaction. [Art. 567, Code of
which in their maximum period are Commerce]. 2. A financial device
correctional, in accordance with Art. 25 developed by merchants as a
of the Rev. Penal Code. [Art. 9, RPC]. convenient and relatively safe mode of
dealing with sales of goods to satisfy the
Lessor or owner. The owner or seemingly irreconcilable interests of a
administrators or agents of the owner of seller, who refuses to part with his
the residential unit. [Sec. 2, BP 25; goods before he is paid, and a buyer,

366
who wants to have control of the goods Letters testamentary. Spec. Pro. The
before paying. [Bank of America v. CA, documents issued by the court on a will
GR 105395. Dec. 10, 1993]. which has been proved and allowed to
the person named as executor therein, if
Letter of credit. Essential conditions: (a) he is competent, accepts the trust, and
Issued in favor of a definite person; (b) gives bond as required by the Rules.
amount is fixed or specified; (c) [Sec. 4, Rule 78, RoC]. Legal document
duration of six months, if used in the issued by a court that shows an
Philippines, or one year, if used abroad, executor's legal right to take control of
unless the parties provide for a different assets in the deceased person's name.
period. [Arts. 568 and 572, Code of [Jurists Legal Dict., 2004]. Compare
Commerce]. with Letters of administration.
Letter of Instructions. A directives of Lettre de creance. See Letter of

the President of the Philippines, issued credence.
in the exercise of his administrative
power of control, to heads of Lettre de provision. See Letter
departments and/or officers under the patent.
executive branch of the government for
observance by the officials and/or Lettres reversals. Intl. Law. Fr.
employees thereof. [People v. CFI of Declarations that an alteration in
Bulacan, GR L-53674-75. July 11, 1988]. ceremonial practices is being made only
as an exception to the general rule.
Letter patent. Also Lettre de [Suarez, Pol. Law Reviewer, 1st Ed.,
provision. Intl. Law. The commission 2002, p. 1059].
issued by the sending state from which
consuls derive their authority. [Cruz, Leukemia. A disease characterized by
Intl. Law Reviewer, 1996 Ed., p. 90]. persistent increase in the white blood
Compare with Exequatur. corpuscles, associated with changes in
the spleen, lymphatic glands and bone
Letters of administration. Spec. Pro. 1. marrow. [Eliseo v. WCC, GR L-43468.
The documents issued by the court to July 21, 1978, citing Maloy, M.D.,
the person named as administrator Medical Dict. for Lawyers, p. 350].
therein, if no executor is named in the
will, or the executor or executors are Levy. 1. The seizure of property, personal
incompetent, refuse the trust, or fail to and/or real, belonging to the judgment
give bond, or a person dies intestate. debtor for subsequent execution sale to
[Sec. 6, Rule 78, RoC]. 2. Legal satisfy judgment. [Bench Book for Trial
document issued by a court that shows Court Judges, p. 2-59]. 2. The essential
an administrator's legal right to take act by which the property is set apart
control of assets in the deceased for the satisfaction of the judgment and
person's name. [Jurists Legal Dict., taken into the custody of the law, and
2004]. Compare with Letters after it has been taken from the
testamentary. defendant, his interest is limited to its
application to the judgment, irrespective
Letters rogatory. Rem. Law. An of the time when it may be sold.
instrument sent in the name and by the [Jalandoni v. PNB, GR L-47579. Oct. 9,
authority of a judge or court to another, 1981]. Compare with Garnishment.
requesting the latter to cause to be
examined, upon interrogatories filed in a Levy-and-grant system. A legal
cause pending before the former, a contribution (often a percentage of the
witness who is within the jurisdiction of payroll) from participating employers
the judge or court to whom such letters who would be beneficiaries of a
are addressed. [Dasmarias Garments vocational or technical education or
v. Reyes, GR 108229. Aug. 24, 1993, training program which is subsequently
citing Feria, J., Civil Procedure, 1969 turned over or rebated to enterprises
ed., p. 635]. offering employee training programs.
[Sec. 1, IRR, RA 7796].

367
Levying war. An actual assemblage of

persons for the purpose of executing a Lex loci contractus. Lat. The law of the
treasonable design. [Gregorio, Fund. of place of conclusion of the contracting.
Crim. Law Rev., 1997 9th Ed., p. 362, [Tetley, Glossary of Conflict of Laws,
citing 52 Am. Jur. 798]. 2004].
Lewd. Obscene, lustful, indecent, Lex loci damni. Lat. The law of the place
lascivious, lecherous. It signifies that where the injury occurs. In other words,
form of immorality which has relation to if an injury appears in another country,
moral impurity; or that which is carried the laws of that country governs,
on in a wanton manner. [People v. provided that the tortfeasor should have
Grefiel, GR 77228. Nov. 13, 1992]. foreseen that the damage would occur
there. [Tetley, Glossary of Conflict of
Lewd design. Inherently lascivious acts Laws, 2004].
executed with the particular design to
independently derive vicarious pleasure Lex loci delicti. Lat. The law of the place
therefrom. [Morenos Law Dict., 2000 of the tort or delict. [Tetley, Glossary of
Ed., p. 270]. Conflict of Laws, 2004].
Lex causae. Lat. The law applicable to Lex loci delicti commissi. Lat. The law
the case. [Tetley, Glossary of Conflict of of the place where the delict was
Laws, 2004]. committed. [Paras, Phil. Conflict of
Laws, 8th Ed. (1996), p. 390].
Lex contractus. Lat. he proper law of
the contract. The law that governs the Lex loci delictus. Lat. The law of the
enforcement of a contract and the place where the offense or wrong took
intrinsic validity of its provisions. place. [Agpalo, Conflict of Laws, p. 5].
Lex loci dimicillii. Lat. The law of the
Lex de futuro, judex de prterito. place of domicile of a person. [Agpalo,
Lat. The law provides for the future, the Conflict of Laws, p. 6].
judge for the past. [Laceste v. Santos,
GR 36886. Feb. 1, 1932]. Lex loci intentionis. Lat. The law
intended by the parties expressly or
Lex delationes semper exhorret. Lat. implicitly. [Morenos Law Dict., 2000
The law always abhors delays. [Medija Ed., p. 271].
v. Patcho, GR L-30310. Oct. 23, 1984].
Lex loci solutionis. Lat. The law of the
Lex fori. Lat. 1. The law of the forum. place of performance of the contract.
[Tetley, Glossary of Conflict of Laws, [Tetley, Glossary of Conflict of Laws,
2004]. 2. The internal law of the forum 2004].
governs matters of remedy and
procedure such as those relating to the Lex loci rei sitae. Lat. The law of the
service of process upon a defendant. place where a thing is situated. [Agpalo,
[Northwest Orient Airlines v. CA, GR Conflict of Laws, p. 6]. Also Lex situs.
112573. Feb. 9, 1995, citing Salonga,
Private Intl. Law, 100, 1967 3rd Ed.]. Lex loci voluntatis. Lat. An accepted
doctrine in international law that the
Lex loci actus. Lat. The law of the place relationship between the parties to a
where the act was done. [Agpalo, contract shall be governed by the law
Conflict of Laws, p. 5]. which they voluntarily agreed to apply.
The law voluntarily agreed upon by the
Lex loci celebrationis. Lat. The partied. [Morenos Law Dict., 2000 Ed.,
principle that applies the law of the p. 271].
place where the contract was executed
as far as the formalities and solemnities Lex mercatoria. Lat. Law merchant.
(extrinsic validity) are concerned. Common commercial rules and
[Claridades, A., Compilation of Notes, procedures used throughout Europe in
2001-2006].

368
the Renaissance period. [Intl. Law Dict.

& Direct., 2004]. Liability of state for damages. The
liability of the State has two aspects,
Lex nationalii. Lat. The concept that namely: (a) its public or governmental
citizenship is the basis for determining aspects where it is liable for the tortious
the personal law applicable. [Claridades, acts of special agents only; (b) its
A., Compilation of Notes, 2001-2006]. private or business aspects (as when it
engages in private enterprises) where it
Lex non requirit verificari quod becomes liable as an ordinary employer.
apparet curiae. Lat. The law does not [Paras, Civil Code of the Phil. Annotated,
require that to be verified which is 1986 Ed., p. 961]. In this jurisdiction,
apparent to the court. [Morenos Law the State assumes a limited liability for
Dict., 2000 Ed., p. 271]. the damage caused by the tortious acts
or conduct of its special agent. [NIA v.
Lex patriae. See Law of the person. Fontanilla, GR 61045. Dec. 1, 1989].
Lex prospicit, non respicit. Lat. The Liable. Legally responsible. [Glossary of
law looks forward not backward. Legal Terms (Pro-Se), 2004].
2001-2006]. Liable for tax. See Subject to tax.
Lex rei sitae. Lat. The rule that real or Libel. Crim. Law. 1. A public and
personal property is subject to taxation malicious imputation of a crime, or of a
in the state in which it is located, vice or defect, real or imaginary, or any
whether the owner is a resident or non- act or omission, condition, status, or
resident thereof. [De Leon, circumstance tending to cause the
Fundamentals of Taxation, 2000 Ed., p. dishonor, discredit, or contempt of a
48]. natural or juridical person, or to blacken
the memory of one who is dead. [Art.
Lex reprobat moram. Lat. The law 353, RPC]. 2. Published defamation
disapproves of delay. [Billones v. CIR, which tends to injure a person's
GR L-17566. July 30, 1965]. reputation. [Glossary of Legal Terms
(Pro-Se), 2004].
Lex semper intendit quod convenit
rationi. Lat. The law always intends Libel. Crim. Law. Requisites: (a) It must
that which is in accordance with reason. be defamatory; (b) it must be malicious;
[Morenos Law Dict., 2000 Ed., p. 271]. (c) it must be given publicity; and (d)
the victim must be identifiable. [Alonzo
Lex situs. Lat. The applicable law v. CA, GR 110088. Feb. 1, 1995].
regarding the acquisition, transfer and
devolution of the title to property Libel by means of writings or similar
(which) is the law where the property is means. Crim. Law. Libel committed by
located. [Agpalo, Conflict of Laws, p. 5]. means of writing, printing, lithography,
engraving, radio, phonograph, painting,
LGC. See Local Government Code of theatrical exhibition, cinematographic
1991. exhibition, or any similar means. [Art.
355, RPC].
LGU. See Local government units.
Libelous remarks. Crim. Law. Remarks
Liability. Any legal obligation, either due or comments connected with the matter
now or at some time in the future. It privileged under the provisions of Art.
could be a debt or a promise to do 354 of the Rev. Penal Code which, if
something. [Duhaime's Legal Dict., made with malice, shall not exempt the
2004]. author thereof nor the editor or
managing editor of a newspaper from
Liability. Sources: (a) Delay; (b) fraud; criminal liability. [Art. 362, RPC].
(c) negligence; and (d) contravention of
the tenor of the obligation. [Art. 1170, Libel, persons responsible for. Crim.
CC]. Law. (a) Any person who shall publish,

369
exhibit, or cause the publication or [Suarez, Pol. Law Reviewer, 1st Ed.,
exhibition of any defamation in writing 2002, p. 175].
or by similar means, shall be responsible
for the same; (b) the author or editor of Librarianship, practice of. The practice
a book or pamphlet, or the editor or of librarianship shall constitute in
business manager of a daily newspaper, holding out oneself as skilled in the
magazine or serial publication, shall be knowledge, art and science of the
responsible for the defamations organization, dissemination,
contained therein to the same extent as preservation and conservation of
if he were the author thereof; and (c) recorded information; the rendering,
Owner of the printing plant which furnishing and contracting of
published the libelous article and all professional services such as
other persons who in any way consultations and advice on the
participated in or have connection with organization and management of
its publication. [Art. 360, RPC, as libraries, data banks, research and
amended]. information centers to clients on a fee
basis or otherwise; the teaching of
Liberal construction. Stat. Con. A form subjects in the library and information
of construction which allows a judge to sciences; and the signing or
consider other factors when deciding authenticating for clients of documents
the meaning of a phrase or document, or reports when called for. [Sec. 2, RA
purposely to promote its object and to 6966].
assist the parties in obtaining just,
speedy and inexpensive determination License. 1. A special permission to do
of every action and proceedings. This something on, or with, somebody else's
rule of construction is especially useful property which, were it not for the
where adherence to the letter of the law license, could be legally prevented or
would result in absurdity and manifest give rise to legal action in tort or
injustice. [Casela v. CA, 35 SCRA 279 trespass. [Duhaime's Legal Dict., 2004].
(Oct. 16, 1970)]. 2. Labor. A document issued by the
DOLE authorizing a person or entity to
Liber baptisnorum. Latin term for operate a private employment agency.
baptismal book or record. [People v. [Art. 13, LC]. 3. Optical Media Law. The
Ritter, GR 88582. Mar. 5, 1991]. authority granted by the Optical Media
Board (OMB) to establishments or
Liberty. Pol. Law. Freedom; exemption entities registered with the OMB to
from extraneous control. Freedom from engage in the business of mastering,
all restraints except such as are justly manufacture, replication, importation or
imposed by law. Freedom from exportation of optical media. [Sec. 3, RA
restraint, under conditions essential to 9239].
the equal enjoyment of the same right
by others; freedom regulated by law. License tax. Also License fee. 1. An
[Blacks Law Dict., Abr. 5th Ed. (1983), imposition or exaction on the right to
p. 474]. use or dispose of a property, to pursue
a business, occupation, or calling, or to
Liberty in contracts. See Autonomy in exercise a privilege. [Villanueva v. City
contracts. of Iloilo, GR L-26521. Dec. 28, 1968,
citing 33 Am. Jur. 325-326]. 2. It is
Liberty of abode and travel. Const. often used indiscriminately to designate
Law. The right of a person to have his impositions exacted for the exercise of
home or to maintain or change his various privileges. It does not refer
home, dwelling, residence or habitation solely to a license for regulation, In
in whatever place he has chosen, within many instances, it refers to revenue
the limits prescribed by law and to go raising exactions on privileges or
where he pleases without interference activities. [Victorias Milling, Co., Inc. v.
from anyone, except in the interest of Mun. of Victorias, GR L-21183. Sep. 27,
national security, public safety or public 1968].
health, as may be provided by law.

370
Licensing. Agency process involving the 1996]. Compare with Reclusion

grant, renewal, denial, revocation, perpetua.
suspension, annulment, withdrawal,
limitation, amendment, modification or Life insurance. 1. Insurance on human
conditioning of a license. [Sec. 2, Chap. lives and insurance appertaining thereto
1, Book VII, EO 292]. or connected therewith. [Sec. 179, IC].
2. An insurance upon life may be made
Lien. 1. Legal right to take or hold payable on the death of the person, or
property of a debtor as a payment or on his surviving a specified period, or
severity from a debt or obligation. otherwise contingently on the
[Memo. from the Exec. Sec. dated Aug. continuance or cessation of life. [Sec.
20, 1998]. 2. An existing burden or 180, IC]
charge on the property. [People v. CA,
GR 81541. Oct. 4, 1989, citing Black's Lifeline rate. The subsidized rate given
Law Dict., 5th Ed. (1979)]. 3. A property to low-income captive market (of
right which remains attached to an electricity) end-users who cannot afford
object that has been sold, but not totally to pay at full cost. [Sec. 4, RA 9136].
paid for, until complete payment has
been made. It may involve possession Life tenant. The beneficiary of a Life
of the object until the debt is paid or it estate. [Duhaime's Legal Dict., 2004].
may be registered against the object
(especially if the object is real estate). Light coercions. Crim. Law. The felony
[Duhaime's Legal Dict., 2004]. committed by any person who, by
means of violence, shall seize anything
Liens, encumbrances. legal belonging to his debtor for the purpose
problems. Conditions which prevent an of applying the same to the payment of
outright disposal of property. [Memo. the debt. [Art. 287, RPC].
from the Exec. Sec. dated Aug. 20,
1998]. Light durables. Non-consumable items
portable or transportable as
Lifeblood theory. The theory that taxes accompanied personal baggage in the
are the lifeblood of the government and course of travel. [Customs Admin. Order
so should be collected without 3-95, Dec. 6, 1995].
unnecessary hindrance. On the other
hand, such collection should be made in Lighter. A flat-bottomed boat or barge
accordance with law as any arbitrariness used in loading or unloading cargo to or
will negate the very reason for from vessels. [Sec. 3, PD 857].
government itself. It is therefore
necessary to reconcile the apparently Light felonies. Those infractions of law
conflicting interests of the authorities for the commission of which a penalty of
and the taxpayers so that the real arresto menor or a fine not exceeding
purpose of taxation, which is the P200 or both is provided. [Art. 9, RPC].
promotion of the common good, may be
achieved. [Comm. of Int. Rev. v. CA, GR Light penalties. The following are light
L-28896. Feb. 17, 1988]. penalties under the Rev. Penal Code:
Arresto menor, public censure, and fine,
Life estate. A right to use and to enjoy whether imposed as a single of as an
land and/or structures on land only for alternative penalty, which is less than
the life of the life tenant. The estate 200 pesos. [Arts. 25-26, RPC].
reverts back to the grantor (or to some
other person), at the death of the Light threats. 1. Any threat to commit a
person to whom it is given. [Duhaime's wrong not constituting a crime, made in
Legal Dict., 2004]. the manner expressed in subdivision 1
of Art. 282 of the Rev. Penal Code. [Art.
Life imprisonment. Crim. Law. A 283, RPC]. 2. Crim. Law. The felony
penalty which does not carry with it any committed by: (a) any person who,
accessory penalty, and does not appear without being included in the provisions
to have any definite extent or duration. of Art. 284 of the Rev. Penal Code, shall
[People v. Layno, GR 110833. Nov. 21, threaten another with a weapon or draw

371
such weapon in a quarrel, unless it be in those expressly granted or those which

lawful self-defense; (b) any person who, are incidental to its existence. [Sec. 2,
in the heat of anger, shall orally Corp. Code].
threaten another with some harm not
constituting a crime, and who by Limited jurisdiction. Courts that are
subsequent acts show that he did not limited in the types of criminal and civil
persist in the idea involved in his threat, cases they may hear. [Glossary of Legal
provided that the circumstances of the Terms (Pro-Se), 2004].
offense shall not bring it within the
provisions of Art. 282 of the Rev. Penal Limited liability doctrine. Mar. Ins. The
Code; (c) any person who shall orally liability of the shipowner of a ship is
threaten to do another any harm not confined to the vessel, equipment, and
constituting a felony. [Art. 285, RPC]. freight, or insurance, if nay, so that if
the shipowner abandoned the ship,
Like product. A domestic product which equipment, and freight, his liability is
it identical, i.e., alike in all respects to extinguished. However, the doctrine
the imported product under does not apply when the shipowner or
consideration, or in the absence of such captain is guilty of negligence.
a product, another domestic product [Suggested Answer for the 1999 Bar,
which, although not alike in all respects, UPLC, (2002), p. 41]. Compare with
has characteristic: closely resembling Inscrutable fault doctrine.
those of the imported product under
consideration. [Sec. 4, RA 8800]. Limited partner. 1. A partner who has
agreed to be liable only to the extent of
Limitation of action. The loss of the his investment. A limited partner,
right to enforce an action by the lapse though, has no right to manage the
of time. [Morenos Law Dict., 2000 Ed., partnership and is usually just an
p. 274]. investor or promoter. 2. A unique
colleague in a partnership relationship
Limited access. A fishery policy by who has agreed to be liable only to the
which a system of equitable resource extent of his investment. Limited
and allocation is established by law partners, though, have no right to
through fishery rights granting and manage the partnership. [Duhaime's
licensing procedure as provided by the Legal Dict., 2004]. Compare with
Phil. Fisheries Code of 1998. [Sec. 4, RA General Partner.
8550].
Limited partnership. A partnership
Limited access facility. A highway or formed by two or more persons under
street especially designed for through the provisions of the Art. 1844 of the
traffic, and over, from, or to which Civil Code, having as members one or
owners or occupants of abutting land more general partners and one or more
and other persons have no right of limited partners. The limited partners as
easement or only a limited right of such shall not be bound by the
easement of access, light, air, or view obligations of the partnership. [Art.
by reason of the fact that their property 1843, CC]. Compare with General
abuts upon such limited access facility partnership.
or for any other reason. Such highways
or streets may be parkways, from which Lina Law. RA 7279, otherwise known as
trucks, busses, and other commercial the Urban Development and Housing
vehicles shall be excluded; or they may Act (UDHA) of 1992.
be free ways open to use by all
customary forms of street and highway Lineal descendant. A person who is a
traffic. [Sec. 2, RA 2000]. direct descendant such as a child to his
or her natural parent. [LawInfo Legal
Limited capacity doctrine. The Dictionary (2005)].
doctrine adopted by our corporation law
under which a corporation has only such Linear wounds. Wounds which are skin
powers as are expressly granted or deep (and) could have been caused by
those that are necessarily implied from

372
fingernails or any sharp grass. [People against the bank or non-bank financial
v. Almenario, GR 91491. Aug. 12, 1992]. intermediary performing quasi-banking
functions and in the enforcement of
Line-up. See Police line-up. individual liabilities of the stockholders,
and do all that is necessary to preserve
Liquidate. To pay and settle. To convert the assets of such institution and to
assets to cash. To ascertain the amount, implement the liquidation plan approved
or the several amounts, of the liabilities by the Monetary Board. [Sec. 29, RA
of insolvent and apportion the assets 265, as amended].
toward the discharge of the
indebtedness. [Blacks Law Dict., Abr. Lis mota. Lat. 1. Main issue. [Taada v.
5th Ed. (1983), p. 479]. Angara, GR 118295. May 2, 1997]. 2.
Threshold legal issue. [Frivaldo v.
Liquidated. Ascertained. Determined; Comelec, GR 120295. June 28, 1996].
fixed; settled; made clear or manifest.
Cleared away; paid; discharged; wound Lis pendens. Lat. 1. A pending suit or a
up. Made certain or fixed by agreement pending litigation. [People v. RTC
of parties or by operation of law. Manila, GR 81541. Oct. 4, 1989]. 2. A
[Blacks Law Dict., Abr. 5th Ed. (1983), notice filed in the office of the Register
p. 479]. of Deeds of the province where the land
is situated which gives notice that a suit
Liquidated account. An account is pending against the owner of
whereof the amount is certain and fixed, designated property. [Torres, Oblig. &
either by the act and agreement of the Cont., 2000 Ed., p. 352].
parties or by operation of law; a sum
which cannot be changed by the proof. Lis pendens notice. An announcement
[Blacks Law Dict., Abr. 5th Ed. (1983), to the whole world that a particular real
p. 479]. property is in litigation, serving as a
warning that one who acquires an
Liquidated amount. 1. One that is interest over the said property does so
determined by agreement or by at his own risk, or that he gambles on
litigation. 2. Damages agreed upon by the result of the litigation over the said
the parties to a contract to be paid in property. It is but a signal to the
case of breach thereof. [Morenos Law intending buyer or mortgagee to take
Dict., 2000 Ed., pp. 274-275]. care or beware and to investigate the
prospect or non-prospect of the
Liquidated damages. 1. Those agreed litigation succeeding before he forks
upon by the parties to a contract, to be down his money. [People v. RTC of
paid in case of breach thereof. [Art. Manila, GR 81541. Oct. 4, 1989].
2226, CC]. 2. Those the amount of
which has been agreed upon by the Literacy training service. A program
parties or fixed by the judgment of a designed to train students to become
competent court. [Torres, Oblig. & teachers of literacy and numeracy skills
Cont., 2000 Ed., p. 334]. to school children, out of school youth,
and other segments of society in need
Liquidating partner. A partner who of their service. [Sec. 3, RA 9163].
takes charge of liquidating the affairs of
the partnership after its dissolution. Literal construction. A form of
[Suarez, Intro. to Law, 1995 3rd Ed., p. construction which does not allow
120]. evidence extrapolated beyond the actual
words of a phrase or document but,
Liquidation. The selling of all the assets rather, takes a phrase or document at
of a debtor and the use of the cash face value, giving effect only to the
proceeds of the sale to pay off creditors. actual words used. Also known as
[Duhaime's Legal Dict., 2004]. strict" or "strict and literal"
construction. Contrasts with liberal
Liquidation court. The regional trial construction (which allows for the input
court having jurisdiction to assist in the from other factors such as the purpose
adjudication of the disputed claims

373
of the document being interpreted). judgment that may be rendered in one

[Duhaime's Legal Dict., 2004]. would, regardless of which party is
successful, amount to res judicata in the
Literal infringement test. A test other. [Ramos v. Peralta, GR L-45107.
established to determine infringement Nov. 11, 1991].
where resort must be had, in the first
instance, to the words of the claim. If Little Assembly. See Interim
accused matter clearly falls within the Committee.
claim, infringement is made out and that
is the end of it. To determine whether Littoral. The coastal region including
the particular item falls within the literal both the land along the coast and the
meaning of the patent claims, the Court water near the coast or the shore zone
must juxtapose the claims of the patent between the high and low watermarks.
and the accused product within the [Santulan v. Exec. Sec., GR L-28021.
overall context of the claims and Dec. 15, 1977]. Compare with
specifications, to determine whether Riparian.
there is exact identity of all material
elements. [Godinez v. CA, GR 97343. Live-in. When ascribed to a couple of
Sep. 13, 1993]. Compare with Doctrine different sexes, the present-day term for
of equivalents test. a man and a woman who are living
together and comporting themselves as
Litigant. A party to a lawsuit. [Glossary husband and wife without the benefit of
of Legal Terms (Pro-Se), 2004]. matrimony. [Morenos Law Dict., 2000
Ed., p. 277].
Litigated motion. A motion where
notice to the adverse party is necessary Livelihood tools. Instruments used by
to afford the latter an opportunity to hand or by machine necessary to a
resist the application. [Denso v. IAC, GR person in the practice of his trade,
75000. Feb. 27, 1987]. vocation or profession, such as hand
tools, power tools, precision tools, farm
Litigation. 1. A contest in which each tools, tools for dressmaking, shoe
contending party fully and fairly lays repair, beauty parlor, barber shop and
before the court the facts in issue and the like, as may be determined by the
then, brushing aside as wholly trivial Overseas Workers Welfare
and indecisive all imperfections of form Administration (OWWA). [Sec 2, RA
and technicalities of procedure, asks 9174].
that justice be done upon the merits.
[Alonso v. Villamor, 16 Phil. 316, 321- Liver cancer. Also Hepatoma.
322]. 2. A dispute which has become Malignant primary tumor of the liver
the subject of a formal court action or destroying the parenchyma arise (sic)
law suit. [Claridades, A., Compilation of from both liver cell and bile duct
Notes, 2001-2006]. 3. A lawsuit; a legal elements. It develops most frequently in
action, including all proceedings therein. the previous cirrhosis liver. [Clemente v.
[Glossary of Legal Terms (Pro-Se), GSIS, GR L-47521. July 31, 1987].
2004].
Livestock. Domestic animals used or
Litis pendentia. Lat. A pending suit. It is raised on a farm, especially for profit.
variously referred to in some decisions [Webster's Intl. Dict., 2nd Ed. (1954)].
as lis pendens and auter action pendant.
[Buan v. Lopez, Jr., GR 75349, 13 Oct. Living unit. A dwelling, or portion
1986, 145 SCRA 34, 37]. thereof, providing complete living
facilities for one family, including
Litis pendentia. Requisites: (a) Identity provisions for living, sleeping, cooking,
of parties or at least such as represent eating, bathing and toilet facilities and
the same interest in both actions; (b) laundry facilities, the same as a single
Identity of rights asserted and relief family-dwelling. [Sec. 3, BP 220].
prayed for, the relief being founded on
the same facts; and (c) The identity in
the two cases should be such that the

374
Llave. Brass knuckle. [Manalaysay v. CA, decentralization of administration, not of

GR 79946. Apr. 12, 1989]. Also Llave power, in which local officials remain
llesa. accountable to the central government
in the manner the law may provide.
LL.B., LL.M. or LL.D. The Latin [Ganzon v. CA, GR 93252. Aug. 5,
abbreviations for the three classes of 1991].
law degrees: the regular bachelor
degree in law (LL.B.), the masters Local chief executives. The Provincial
degree in law (LL.M.) and the doctorate Governors, City or Municipal Mayors and
in law (LL.D.). [Duhaime's Legal Dict., Punong Barangay, as the case may be.
2004]. [Sec. 3, RA 6735].
Loan. 1. It covers both simple loan and Local Disaster Coordinating Council.
commodatum as well as guarantees, A group of persons at the provincial,
financing arrangements or municipal, or barangay level, duly
accommodations intended to ensure its organized pursuant to PD 1566. [Sec. 1,
approval. [Sec. 3, RA 6713]. 2. A loan EO 948, Apr. 23, 1984].
the total principal amount of which, as
and when required for application to the Local government. A political
purposes thereof, is, at the time of the subdivision of a nation or state which is
making thereof, assured from funds that constituted by law and has substantial
are or will become available therefor. control of local affairs. In a unitary
[Sec. 3, PD 269]. system of government, such as the
government under the Philippine
Loan contract. A contract whereby one Constitution, local governments can only
of the parties delivers to another, either be an intra sovereign subdivision of one
something not consumable so that the sovereign nation, it cannot be an
latter may use the same for a certain imperium in imperio. Local government
time and return it, in which case the in such a system can only mean a
contract is called a commodatum; or measure of decentralization of the
money or other consumable thing, upon function of government. [Basco v.
the condition that the same amount of Pagcor, GR 91649. May 14, 1991].
the same kind and quality shall be paid,
in which case the contract is simply Local Government Code (LGC) of
called a loan or mutuum. [Art. 1933, 1991. RA 7160 entitled An Act
CC]. providing for a Local Government Code
of 1991 enacted on Oct. 10, 1991 and
Lobbying. All attempts including personal took effect on Jan. 1, 1992.
solicitation to induce legislators to vote
in a certain way or to introduce Local government units (LGUs).
legislation. It includes scrutiny of all Provinces, cities, municipalities and
pending bills which affect ones interest barangays. [Sec. 3, RA 6735]. Also
or the interests of ones clients, with a known as Municipal corporations.
view towards influencing the passage or
defeat of such legislation. [Manual on Local initiative. The legal process
Definitions of Admin. Offenses in the whereby the registered voters of a local
Civil Service, Oct. 2004, p. 42, citing government unit may directly propose,
Blacks Law Dict., 5th Ed., 1979]. enact, or amend any ordinance. [Sec.
120, RA 7160].
Local action. Rem. Law. An action
founded on privity of estate only and Local legislative bodies. The
there is no privity of contract. [Albano, Sangguniang Panlalawigan,
Rem. Law Reviewer, 1st Ed., p. 71, Sangguniang Panlungsod, Sangguniang
citing Dela Cruz v. Seminary of Manila, Bayan, and Sangguniang (Barangay).
18 Phil. 330]. Compare with Transitory [Sec. 3, RA 6735].
action.
Locally available materials. Form
Local autonomy. Pol. Law. Under the lumber, gravel and sand, nipa, sawali,
Constitution, it involves a mere old G.I. sheets and other low-cost,

375
indigenous or used materials that could without previous written clearance from
be used as inputs in small infrastructure the Secretary of Labor or his duly
projects. [Sec. 4, RA 7607]. authorized representative. [Sec. 2, PD
823]. 2. The temporary refusal of an
Local referendum. The legal process employer to furnish work as a result of
whereby the registered voters of the an industrial or labor dispute. [Art. 212,
local government units may approve, LC]. Compare with Shutdown.
amend or reject any ordinance enacted
by the sanggunian. [Sec. 126, RA 7160]. Lockup. It is included in the broader term
"detention," which refers not only to the
Local statute. A statute whose operation placing of a person in an enclosure
is confined within territorial limits other which he cannot leave, but also to any
than that of the whole state, or applies other deprivation of liberty. [People v.
to any political subdivision or Santos, GR No. 117873, Dec. 22, 1997.
subdivisions of the state less than the citing Aquino, The RPC, 1988 Ed., Vol.
whole, or to property and persons of a III, pp. 1-2].
limited portion of the state, or is
directed to a specific locality or spot, as Locus. Lat. The place. [Duhaime's Legal
distinguished from a law which operates Dict., 2004].
throughout the state. [Suarez, Stat.
Con., (1993), p. 96]. Locus criminis. Lat. The locality of a
crime. The place where a crime was
Local telephone exchange. 1. An item committed. [Claridades, A., Compilation
of telecommunication apparatus of Notes, 2001-2006].
designated by the grantee as such in its
application with the National Locus delicti. Lat. 1. The place which
Telecommunications Commission for a has the most substantial or essential
certificate of public necessity and connection with the act [Paras, Phil.
convenience under Sec. 10 of RA 7678. Conflict of Laws, 8th Ed. (1996), p. 392].
[Sec. 2, RA 7678]. 2. A central switching 2. The place of the offense. The place
facility or a telecommunications where an offense was committed.
apparatus which routes calls through [Claridades, A., Compilation of Notes,
the network or system. [Sec. 2, RA 2001-2006].
7617].
Locus standi. Lat. 1. A personal and
Local union. Any labor organization substantial interest in the case such that
operating at the enterprise level. [Sec. the party has sustained or will sustain
1, Rule 1, Book 5, IRR of LC]. direct injury as a result of the
governmental act that is being
Local water utility. Any district, city, challenged. [Francisco v. HoR, GR
municipality, province, investor-owned 160261. Nov. 10, 2003]. 2. The legal
public utility or cooperative corporation interest which a plaintiff must have in
which owns or operates a water system the subject matter of the suit. [Antonio
serving an urban center in the v. Factoran, GR 101083. July 30, 1993].
Philippines. [Sec. 3, PD 198]. See Legal standing.
Location (of mining claim). The act of Lode mineral claim. A parcel of mineral
appropriating a mining claim on the lands containing a vein, lode, ledge,
public domain, according to established lens, or mass of ore in place which has
law or rules. [Pea, Phil. Law on Natural been located in accordance with law.
Resources, 1997 Rev. Ed., p. 87]. [Sec. 18, PD 464].
Location plan. A sketch which serves to Lodger. One who has merely the use
determine the location of the lot without the actual or exclusive
involved. [Morenos Law Dict., 2000 Ed., possession of his room. [Morenos Law
p. 279]. Dict., 2000 Ed., p. 279].
Lockout. 1. It comprises shutdowns, Lodging house. A building where

mass retrenchment and dismissals, persons are supplied with and charged

376
for sleeping accommodations only. [Sec. the insured. [1 Bouv. Ins. No. 1215;
63, PD 856]. Compare with Boarding Black's Law Dict.; Cyclopedic Law Dict.,
house. cited in Martin's Phil. Comml. Laws, Vol.
1, 1961 ed. p. 608).
Log-rolling legislation. See Hodge-
podge legislation. Loss of confidence. Pol. Law. The
formal withdrawal by an electorate of
Loko. Tag. 1. Notorious. [People v. their trust in a person's ability to
Yarcia, GR L-31179. Oct. 26, 1983]. 2. discharge his office previously bestowed
Fool, idiot or stupid. [Morenos Law on him by the same electorate.
Dict., 2000 Ed., p. 279]. [Evardone v. Comelec, GR 94010. Dec.
2, 1991, citing Orendain, Phil. Local
Lone Candidate Law. RA 8295, entitled Govt. Annotated (1983)].
An Act providing for the proclamation
of a lone candidate for any elective Loss of standing in court. Loss of the
office in a special election, and for other right of a party, by reason of having
purposes enacted on June 6, 1997. been declared in default, to present his
defense and examine or cross-examine
Longa manu, traditio. See Traditio witnesses. It does not mean nor
longa manu. constitute a waiver of all rights; what is
waived only is the right to he heard and
Long arm statute. Intl. Law. A law to present evidence during the trial
defining the conduct of a foreign person while default prevails. A party in default
within a state which will subject that is still entitled to notice of final
person to the jurisdiction of the state. judgments and orders and proceedings
[Intl. Law Dict. & Direct., 2004]. taken subsequent thereto. [Garcia v.
CA, GR 83929. June 11, 1992].
Long-term contracts. Building,
installation or construction contracts Loss of the instrument; how shown.
covering a period in excess of one (1) The loss may be shown: (a) by any
year. [Sec. 48, NIRC, as amended]. person who knew the fact of its loss; (b)
by anyone who has made, in the
Loss. 1. Mar. Law. A situation where no judgment of the court, a sufficient
delivery at all was made by the shipper examination in the place or places
of the goods because the same had where the document or papers of similar
perished, gone out of commerce, or character are usually kept by the person
disappeared in such a way that their in whose custody the document lost
existence is unknown or they cannot be was, and has been unable to find it; or
recovered. It does not include a (c) by anyone who has made any other
situation where there was indeed investigation which is sufficient to satisfy
delivery but delivery to the wrong the court that the instrument is indeed
person, or a misdelivery. [As defined in lost. [E. Michael & Co. v. Enriquez, GR
Art. 18, CC and as applied to Sec. 3 (6), 10824. Dec. 24, 1915]. See also
par. 4 of the Carriage of Goods by Sea Execution and delivery of the
Act]. 2. Ins. Injury or damage caused by document; by whom established
an accident for which the insurer may, and Destruction of the instrument;
under the provision of the policy, be how proved.
liable, though at that time the extent of
the loss may not be ascertainable. Loss of the thing due. A thing is
[Tiopianco, Commentaries & Jurisp. on considered lost when (a) it perishes, or
the Ins. Code of the Phil., 1999 Ed., p. (b) goes out of commerce, or (c) it
84-85, citing 7 Couch 5379]. disappears in such a way that its
existence is unknown or it cannot be
Loss in insurance. The injury or damage recovered. [Art. 1189 (2), CC].
sustained by the insured in consequence
of the happening of one or more of the Loss payable clause. Ins. A clause
accidents or misfortune against which which entitles the loss payee to collect
the insurer, in consideration of the from the policy to the extent of the
premium, has undertaken to indemnify credit. Stated otherwise, as long as the

377
insurable interest of the loss payee marketing, and/or selling of LPG to end
subsists, the mortgagor has no right to users and other consumers. [Sec. 4, RA
collect on the policy to the extent of that 8479].
credit. [Morenos Law Dict., 2000 Ed., p.
280]. Luces. Any of several kinds of sparklers.
[Sec. 2, RA 7183].
Lost things. Those things which are
without a possessor, but are not res Lucid interval. A period of temporary
nullius. [Tolentino, Civil Code of the sanity. [Ancheta, The Law on
Phil., Vol. II, Repr. 2001, p. 496, citing Obligations and Contracts, Rev. Ed., p.
Brugi, p. 227]. 142].
Lot line wall. A wall used only by the Lucrative. Profitable or gainful. [In re:
party upon whose lot the wall is located, Keng Giok v. Rep., GR L-13347. Aug.
erected at a line separating two parcels 31, 1961].
of land each of which is a separate real
estate entity. [Sec. 3, BP 220]. Lucrative employment. A gainful
employment. It is not only that the
Lot or plot. A portion of a subdivision or person having the employment gets
any parcel of land intended as a unit for enough for his ordinary necessities in
transfer of ownership or for building life. [Swee Din Tan v. Rep., 109 Phil.
development. [Sec. 3, BP 220]. 287 (1960)]. It must be shown that the
employment gives one an income such
Lottery. The term extends to all schemes that there is an appreciable margin of
for the distribution of prizes by chance, his income over his expenses as to be
such as policy playing, gift exhibitions, able to provide for an adequate support
prize concerts, raffles at fairs, etc., and in the event of unemployment, sickness,
various forms of gambling. [El Debate v. or disability to work and thus avoid
Topacio, GR 19982. Dec. 29, 1922, one's becoming the object of charity or
citing Horner v. US (1892)]. a public charge. [Lim Biak Chiao v. Rep.,
L-28541, Jan. 14, 1974].
Lottery. Essential elements: First,
consideration; second, prize and third, Lucro cesante. Sp. Unrealized profit.
chance. [El Debate v. Topacio, GR Usually the price which the thing could
19982. Dec. 29, 1922, citing Horner v. have commanded on the date the
US (1892)]. obligation should have been fulfilled, but
was not. [Associated Realty v. CA, GR L-
Low birth weight infant. A newborn 18056. Jan. 30, 1965]. See also Dao
weighing less than two thousand five emergente.
hundred (2,500) grams at birth. [Sec. 3,
RA 7600]. Lugaw. 1. Powdered rice. [People v.
Igdanes, GR 105804. May 5, 1997]. 2.
Lowest complying and responsible Boiled rice. [Peole v. Liera, GR L-32147-
bid. The proposal of one who offers the 49. Mar. 17, 1978]. 3. Porridge.
lowest price, meets all the technical [Claridades, A., Compilation of Notes,
specifications and requirements of the 2001-2006].
supplies desired and, as a dealer in the
line of supplies involved, maintains a Lukaret. Tag. A crazy woman.
regular establishment, and has complied [Claridades, A., Compilation of Notes,
consistently with previous commitments. 2001-2006].
[Sec. 357, LGC].
Lumber. 1. A processed log or timber.
LPG. Liquefied petroleum gas. [Lalican v. Vergara, GR 108619. July 31,
[Claridades, A., Compilation of Notes, 1997]. 2. Timber or logs after being
2001-2006]. prepared for the market. [Webster's 3rd
New Intl. Dict., 1993 Ed.]. 3. Solid wood
LPG distributor. Any person or entity, not further manufactured other than
whether natural or juridical, engaged in sawing, re-sawing, kiln-drying and
exporting, refilling, transporting, passing lengthwise through a standard

378
planing machine, including boules or an institution of learning. While the

unedged lumber. [Sec. 3.2 of DENR Latin word Lyceum has been
Admin. Order No. 19, S. of 1989, 17 incorporated into the English language,
March 1989]. the word is also found in Spanish (liceo)
and in French (lycee). [Lyceum of the
Lumber dealer. A person or entity Phil. v. CA, GR 101897. Mar. 5, 1993].
engaged in the buying or selling, or
both, of coconut logs, timber and/or Lye. A strongly alkaline substance used in
coconut tree lumber. [Sec. 3, PCA cleaning and in making soap. [People v.
Admin. Order 1-95]. Hanasan, GR L-25989. Sep. 30, 1969,
citing Webster's New World Dict., Coll.
Lumber yards or tablerias. Those Ed., p. 876].
establishments which are dedicated to
the sawing of timber either by hand or
motor and those establishments which
although not sawing timber, have
lumber for sale. [Claridades, A.,
Lump sum. The present value of the

basic monthly pensions for five years
discounted at a rate of interest to be
determined by the GSIS but not less
than six percent per annum. [Sec. 2, PD
1146].
Lump sum contract. A contract (with) a

lump sum price and is not based upon
the specified cost of a defined unit of
work. [Baylen Corp. v. CA, GR 76787.
Dec. 14, 1987].
Lungga. Tag. It is known to police as the

area where drug traffickers and criminal
elements abound. [People v. Boholst,
GR 73008. July 23, 1987].
Lupong Tagapamayapa. The body

organized in every barangay composed
of the punong barangay as chairman
and ten (10) to twenty (20) members.
The lupon is constituted every three (3)
years. [Art. 196, IRR of RA 7160].
Lyceum. The Latin word for the Greek

lykeion which in turn referred to a
locality on the river Ilissius in ancient
Athens comprising an enclosure
dedicated to Apollo and adorned with
fountains and buildings erected by
Pisistratus, Pericles and Lycurgus
frequented by the youth for exercise
and by the philosopher Aristotle and his
followers for teaching. In time, the word
Lyceum became associated with schools
and other institutions providing public
lectures and concerts and public
discussions. Thus today, the word
Lyceum generally refers to a school or

379
part in any public auction, or the

attempt to cause bidders to stay away
from an auction by threats, gifts,
promises, or any other artifice, with
intent to cause the reduction of the
price of the thing auctioned. [Art. 185,
RPC].
Machinery. Machines, mechanical

contrivances, instruments, appliances
and apparatus attached to the real
estate. It includes the physical facilities
available for production, as well as the
installations and appurtenant service
facilities, together with all other
equipment designed for or essential to
its manufacturing, industrial or
agricultural purposes. [Sec. 3, PD 464].
Madhhab (plural, Madhahib). Any of

the four orthodox (Sunni) schools of
Muslim law. [Art. 7, PD 1083].
Magistrate. Judicial officer exercising

some of the functions of a judge. It also
refers in a general way to a judge.
Magna Carta. Charter to which

subscribed King John of England on
June 12, 1215 in which a basic set of
limits were set on the King's powers.
King John had ruled tyrannically. His
barons rebelled and committed
themselves to war with King John unless
-M- he agreed to the Charter. Held to be the

precursor of habeas corpus as Article 39
of the Magna Carta held that no man
Mabuhay. Tag. 1. Long live. [Claridades, shall be "imprisoned, exiled or destroyed
A., Compilation of Notes, 2001-2006]. 2. ... except by lawful judgment of his
Sparklers bunched into a bundle of a peers or by the law of the land".
dozen pieces. [Sec. 2, RA 7183]. [LawInfo Legal Dictionary (2005)].
Macaroni. Kind of paste, composed Magna Carta for Countryside and

chiefly of wheat flour, dried in the form Barangay Business Enterprises
of slender tubes. [Farm Implement (Kalakalan 20). RA 6810 entitled An
Machinery Co. v. Comm. of Customs, GR act establishing the magna carta for
L-12613. May 30, 1962, citing Webster's countryside and barangay business
Intl. Dict.]. enterprises, granting exemptions from
any and all government rules and
Maceda Law. RA 6552 entitled "An Act regulations and other incentives and
to Provide Protection to Buyers of Real benefits therefor, and for other
Estate on Installment Payments" which purposes enacted on Dec. 14, 1989.
took effect on Sep. 14, 1972. [Jison v.
CA, 164 SCRA 339 (1988)]. Magna Carta for Disabled Persons.
RA 7277 entitled An act providing for
Machinations in public auctions. The the rehabilitation, self-development and
solicitation of any gift or promise as a self-reliance of disabled persons and
consideration for refraining from taking their integration into the mainstream of

380
society and for other purposes, enacted Lund, 15 A. 2d., 839, 143 Pa. Super.
on Mar. 24, 1992. 208].
Magna Carta for Public School Mail or mail matters. All matters
Teachers. RA 4670 enacted on June authorized by the Government to be
18, 1966. delivered through the postal service and
shall include letters, parcels, printed
Magna Carta for Scientists, materials, and money orders. [Sec. 2,
Engineers, Researchers and other S RA 7354].
& T Personnel in the Government.
RA 8439 entitled An Act providing a Main canal. The channel where diverted
Magna Carta for scientists, engineers, water from a source flows to the
researchers and other science and intended area to be irrigated. [Sec. 4,
technology personnel in government RA 8435].
enacted on Dec. 22, 1997.
Maintainer or Manager or Operator.
Magna Carta for Small Enterprise. RA Any person who maintains, manages or
6977 entitled An Act to promote, operates any illegal number game in a
develop and assist small and medium specific area from whom the
scale enterprises through the creation of coordinator, controller or supervisor,
a Small and Medium Enterprise and collector or agent take orders. [Sec.
Development (SMED) Council, and the 2, RA 9287].
rationalization of government assistance
programs and agencies concerned with Maintenance. The obligation of one
the development of small and medium person to contribute, in part or in whole,
enterprises, and for other purposes to the cost of living of another person.
enacted on Jan. 24, 1991. Also known as Support (spousal or
child) or Alimony. [Duhaime's Legal
Magna Carta of Public Health Dict., 2004].
Workers. RA 7305 enacted on Mar. 26,
1992. Maintenance of membership. Labor.
An agreement under which non-
Magna Carta of Small Farmers. RA members are not required to join the
7607 entitled An Act providing a Magna union, but those who do join must
Carta of small farmers enacted on June maintain their membership for the
4, 1992. duration of the union contract under
penalty of discharge. [Poquiz, Labor Rel.
Magnetic media. A storage medium or Law, 1999 Ed. p. 157, citing Reynolds,
device characterized by a base, usually Economics and Labor Relations, p. 226].
plastic, coated with ferric oxide powder,
in which visual and/or aural information, Majority. The number greater than half
or software code, may be recorded or or more than half of any total. [Perez v.
stored, including, but not limited to, Dela Cruz, GR L-29458. Mar. 28, 1969,
magnetic tape, cassettes, video tape, citing Webster's Intl. Dict., Unabr.].
diskettes, and floppy discs. [Sec. 3, RA
9239]. Majority of one. Pol. Law. The lone
dissenting vote of one Sandiganbayan
Mail fraud orders. Orders designed to justice which will prevent a decision of
prevent the use of the mails as a the two other members of the division
medium for disseminating printed as a unanimous vote is required for such
matters which on grounds of public decision. [Suarez, Pol. Law Reviewer, 1st
policy are declared non-mailable. As Ed., 2002, p. 59].
applied to lotteries, gift enterprises and
similar schemes, justification lies in the Majority opinion. An opinion usually
recognized necessity to suppress their written by one judge on behalf of a
tendency to inflame the gambling spirit majority of his colleagues on a court
and to corrupt public morals. [Caltex and on which they agree. Such an
(Phils.) Inc. v. Palomar, citing Com. v. opinion has more precedential value
than other kinds of opinions. [Intl. Law

381
Dict. & Direct., 2004]. Compare with Malfeasance. 1. Doing something which
Minority opinion. is illegal. 2. The commission of an
unlawful act. [Glossary of Legal Terms
Majority-owned subsidiary of a (Pro-Se), 2004]. Compare with
person. A company fifty per centum or Misfeasance and Nonfeasance.
more of the outstanding voting
securities of which are owned by such Malice. The intentional doing of a
person, or by a company which, within wrongful act without just cause or
the meaning of this paragraph, is a excuse, with an intent to inflict an injury
majority-owned subsidiary of such or under circumstances that the law will
person. [Sec. 3, RA 2629]. See Wholly- imply an evil intent. A condition of the
owned subsidiary of a person. mind which prompts a person to do a
wrongful act willfully, that is, on purpose
Majority rule. See Rule of majority. to the injury of another, or to do
intentionally a wrongful act toward
Major language. A language spoken and another without justification or excuse.
used by at least 1/50 or 2% of all [Blacks Law Dict., Abr. 5th Ed. (1983),
Filipinos, based on the most recent p. 492].
available data of the National Statistics
Office. [Sec. 3, RA 7104]. Malice in fact. Also Express malice.
Malice shown by proof of ill-will, hatred,
Major or extraordinary repair. or purpose to injure. [Claridades, A.,
Alteration, addition, partition, extension, Compilation of Notes, 2001-2006].
and other construction or installation
which materially increases the value or Malice in law. The presumption that
extend the useful life of the structure or every defamatory imputation is
equipment. [IRR on Supply & Prop. malicious, even if it be true, if no good
Mgt., per Sec. 383, LGC]. intention and justifiable motive for
making it is shown. [Art. 354, RPC].
Maker. One who makes, promise and
signs the instrument. [Claridades, A., Malicia. Sp. The term indicates what the
Compilation of Notes, 2001-2006]. See ordinary use of the word connotes, that
Payee. the action complained of must be the
result of a deliberate evil intent and
Making and importing and uttering does not cover a mere voluntary act.
false coins. Crim. Law. The felony [People v. Malabanan, GR 43430. Jan.
committed by any person who makes, 7, 1936, citing 21 Enciclopedia Juridica
imports, or utters, false coins, in Espaola, p. 542].
connivance with counterfeiters, or
importers. [Art. 163, RPC]. Malicious mischief. Crim. Law. The
felony committed by any person who
Mala in se. Lat. Wrong in themselves. shall deliberately cause the property of
[Claridades, A., Compilation of Notes, another any damage. [Art. 327, RPC].
2001-2006]. See Acts mala in se.
Malicious mischief. Crim. Law.
Mala prohibita. Lat. Wrong because Elements: (a) The offender deliberately
they are prohibited by law. [Claridades, caused damage to the property of
A., Compilation of Notes, 2001-2006]. another; (b) the damage caused did not
See Acts mala prohibita. constitute arson or crimes involving
destructions; and (c) the damage was
Maldito. Tag. A tough guy. [People v. caused maliciously by the offender.
Toring, GR 56358. Oct. 26, 1990]. [Claridades, A., Compilation of Notes,
2001-2006].
Malevolent. Wishing evil; disposed to
injure; arising from or indicative of ill- Malicious mischief, special cases of.
will. [Morenos Law Dict., 2000 Ed., p. Crim. Law. The felony committed by any
283]. person who shall cause damage to
obstruct the performance of public
functions, or using any poisonous or

382
corrosive substance; or spreading any Maltreatment of prisoners. Crim. Law.

infection or contagion among cattle; or The felony committed by any public
who cause damage to the property of officer or employee who shall overdo
the National Museum or National himself in the correction or handling of a
Library, or to any archive or registry, prisoner or detention prisoner under his
waterworks, road, promenade, or any charge, by the imposition of punishment
other thing used in common by the not authorized by the regulations, or by
public. [Art. 328, RPC]. inflicting such punishment in a cruel and
humiliating manner. [Art. 235, RPC].
Malicious prosecution. 1. An action for
damages brought by one against whom Malum in se. Lat. Wrong in itself.
a criminal prosecution, civil suit, or other [Claridades, A., Compilation of Notes,
legal proceeding has been instituted 2001-2006].
maliciously and without probable cause,
after the termination of such Malum prohibitum. Lat. 1. An act
prosecution, suit, or other proceeding in proscribed by the legislature for being
favor of the defendant therein. The gist deemed pernicious and inimical to public
of the action is the putting of legal welfare. [People v. Reyes, GR 101127-
process in force, regularly, for the mere 31. Nov. 18, 1993]. 2. Wrong because it
purpose of vexation or injury. [Black's is prohibited by law. [Claridades, A.,
Law Dict., Rev. 4th Ed., 1986, p. 1111, Compilation of Notes, 2001-2006].
cited in 199 SCRA 63 (1991)]. 2. An
action instituted with intention of Malus animus. Lat. A criminal intent.
injuring the defendant and without [People v. Quijada, GR 115008-09. July
probable cause, and which terminates in 24, 1996].
favor of the person prosecuted.
[Glossary of Legal Terms (Pro-Se), Malversation. Elements: (a) The
2004]. offender is a public officer; (b) he has
the custody or control of funds or
Malicious prosecution. Elements: (a) property by reason of the duties of his
Malice; and (b) absence of probable office; (c) the funds or property involved
cause. [China Banking Corp. v. CA, GR are public funds or property for which
94182. Mar. 28, 1994]. he is accountable; and (d) he has
appropriated, taken or misappropriated,
Malingerer. A person who pretends or or has consented to, or through
protracts illness or injury to escape work abandonment or negligence permitted,
or duty. [Olarte, Legal Med., 1st Ed. the taking by another person of, such
(2004), p. 158]. funds or property. [Nizurtado v.
Sandiganbayan, GR 107383. Dec. 7,
Malpractice. Any professional 1994].
misconduct. [Glossary of Legal Terms
(Pro-Se), 2004]. Malversation of public funds or
property. Crim. Law. The felony
Malpractice defense. The area of law committed by any public officer who, by
that focuses on representing those reason of the duties of his office, is
professionals who have been accused of accountable for public funds or
negligence, misconduct, lack of ordinary property, shall appropriate the same, or
skill, or a breach of duty in the shall take or misappropriate or shall
performance of a professional service consent, or through abandonment or
(medicine, law, etc.) resulting in injury negligence, shall permit any other
or loss. [LawInfo Legal Dictionary person to take such public funds or
(2005)]. property, wholly or partially, or shall
otherwise be guilty the misappropriation
Maltreatment. Crim. Law. The felony or malversation of such funds or
committed when the offender shall ill- property. [Art. 217, RPC].
treat another by deed without causing
any injury. [Art. 266, RPC]. Malversation of public funds or
property. Elements: (a) That the
offender be a public officer; (b) that he

383
had the custody or control of funds or managerial staff, the following elements
property by reason of the duties of his must concur or co-exist, to wit: (a) that
office; (c) that those funds or property his primary duty consists of the
were public funds or property for which performance of work directly related to
he was accountable; (d) that he management policies; (b) that he
appropriated, took, misappropriated or customarily and regularly exercises
consented or, through abandonment or discretion and independent judgment in
negligence permitted another person to the performance of his functions; (c)
take them. [Agbanlog v. People, GR that he regularly and directly assists in
105907. May 24, 1993, citing II Reyes, the management of the establishment;
The Rev. Penal Code, p. 391 (1981 and (d) that he does not devote twenty
ed.)]. per cent of his time to work other than
those described above. [Villuga v. NLRC,
Management prerogatives. Except as GR 75038. Aug. 23, 1993].
limited by special laws, the freedom of
an employer to regulate, according to Managers check. A check drawn by a
his own discretion and judgment, all manager of the bank, in the name of
aspects of employment, including hiring, the bank against the bank itself payable
work assignments, working methods, to the order of a third person. [Diaz,
time, place and manner of work, tools to Bus. Law Rev., 1991 Ed., p. 380].
be used, processes to be followed,
supervision of workers, working Managing partner. A partner who is
regulations, transfer of employees, work designated to manage the business of
supervision, lay-off of workers and the the partnership. [Diaz, Bus. Law Rev.,
discipline, dismissal and recall of work. 1991 Ed., p. 189].
[San Miguel Brewery Sales Force Union
(PTGWO) v. Ople, GR 53515. Feb. 8, Mananaya. See Bettor.
1989].
Mandala. Tag. A big stack of palay.
Manager. See Maintainer. [Morenos Law Dict., 2000 Ed., p. 286].
Managerial employee. 1. An employee Mandamus. Rem. Law. 1. A special civil

whose primary duty consists of the action to compel an officer to perform a
management of the establishment in ministerial duty but not to compel the
which they are employed or of a performance of a discretionary duty.
department or subdivision thereof, and [Calderon v. Sol. Gen., GR 103752-53.
to other officers or members of the Nov. 25, 1992]. 2. A writ which
managerial staff. [Art. 82, LC]. 2. An commands an individual, organization
employee who is vested with power or (e.g., government), administrative
prerogatives to lay down and execute tribunal or court to perform a certain
management policies and/or to hire, action, usually to correct a prior illegal
transfer, suspend, lay-off, recall, action or a failure to act in the first
discharge, assign or discipline place. [Duhaime's Legal Dict., 2004]. 3.
employees. [Art. 212, LC]. A writ by which a court commands the
performance of a particular act. [Jurists
Managerial function. The exercise of Legal Dict., 2004]. Compare with
powers such as: (a) to effectively Mandatory injunction.
recommend such managerial actions;
(b) to formulate or execute Mandamus, petition for. Rem. Law.
management policies and decisions; or When any tribunal, corporation, board,
(c) to hire, transfer, suspend, lay off, officer or person unlawfully neglects the
recall, dismiss, assign or discipline performance of an act which the law
employees. [Arizala v. CA, GR 43633-34. specifically enjoins as a duty resulting
Sep. 14, 1990, citing Sec. 1 (1), Rule I, from an office, trust, or station, or
IRR, EO 180]. unlawfully excludes another from the
use and enjoyment of a right or office to
Managerial staff. Under Rule I, Sec. which such other is entitled, and there is
2(c), Book II of the Implementing Rules no other plain, speedy and adequate
of the Labor Code, to be a member of a remedy in the ordinary course of law,

384
the person aggrieved thereby may file a Mangkukulam. A witch, or one who
verified petition in the proper court, practices witchcraft. [People v. Sario,
alleging the facts with certainty and GR L-20754 & L-20759. June 30, 1966].
praying that judgment be rendered
commanding the respondent, Manglares. See Mangrove swamps.
immediately or at some other time to be
specified by the court, to do the act Mangrove. 1. A community of intertidal
required to be done to protect the rights plants including all species of trees,
of the petitioner, and to pay the shrubs, vines and herbs found on
damages sustained by the petitioner by coasts, swamps, or border of swamps.
reason of the wrongful acts of the [Sec. 4, RA 8550]. 2. The type of forest
respondent. [Sec. 3, Rule 65, RoC]. occurring on tidal flat along the sea
coast, extending along streams where
Mandamus; requisites for issuance of the water is brackish. [Sec. 3, PD 705].
writ. Rem. Law. It is essential for a writ
of mandamus to issue that the applicant Mangrove swamps. Also Manglares.
has a well-defined, clear and certain Mud flats, alternately washed and
legal right to the thing demanded and exposed by the tide, in which grows
that it is the imperative duty of various kindred plants which will not live
defendant to perform the act required. except when watered by the sea,
The corresponding duty of the extending their roots deep into the mud
respondent to perform the required act and casting their seeds, which also
must be clear and specific. [Valmonte v. germinate there. [Montano v. Insular
Belmonte, GR 74930. Feb. 13, 1989]. Govt., 12 Phil. 572].
Mandamus, writ of. Rem. Law. A writ Mania. Legal Med. A disorder
which may issue to compel the exercise characterized by excessive physical
of discretion but not to control it. activity and feelings of extreme elation
Mandamus can require action only but that are grossly out of proportion to any
not specific action where the act sought positive event. [Olarte, Legal Med., 1st
to be performed involves the exercise of Ed. (2004), p. 138]. Compare with
discretion [Assoc. of Small Landowners Depression.
in the Phil. v. Sec. of Agrarian Reform,
175 SCRA 343, citing Lamb v. Phipps, Manifest. Document used in shipping
22 Phil. 456]. and warehousing containing a list of the
contents, value, origin, carrier and
Mandatory activity. Labor. A judicial destination of the goods to be shipped
process of settling dispute laid down by or warehoused. [Morenos Law Dict.,
the law. [Galvadores v. Trajano, GR L- 2000 Ed., p. 287].
70067, Sep. 15, 1986, 144 SCRA 138].
Manifesta probationee non indigent.
Mandatory injunction. Rem. Law. One Lat. That which is known need not be
that requires the performance of a proved. [Morenos Law Dict., 2000 Ed.,
particular act. It commands acts to be p. 287].
done or undone and may require
performance of affirmative acts. Manifestation. A memorandum
[Morenos Law Dict., 2000 Ed., p. 287]. manifesting and informing the court
Compare with Mandamus and about certain matters concerning the
Prohibitory injunction. case. It is not entitled to any affirmative
action by the court, unlike a motion
Mandatory statutes. Laws which which is. [Morenos Law Dict., 2000 Ed.,
contain words of command or of p. 287].
prohibition and non-compliance with the
same renders the proceedings to which Manifestation theory. Under this
it relates illegal and void. [Suarez, Stat. theory, the contract is perfected at the
Con., (1993), p. 92]. Compare with moment when the acceptance is
Directory statutes. declared or made by the offeree.

385
UPLC, (2002), p. 55]. Compare with the fingers. [People v. Salomon, GR

Cognition theory. 96848. Jan. 21, 1994].
Manlilikha ng Bayan. A citizen or a Manufacture. 1. Consumer Law. Any

group of citizens engaged in any and all operations involved in the
traditional art uniquely Filipino, whose production, including preparation,
distinctive skills have reached such a propagation, processing, formulating,
high level of technical and artistic filling, packing, repacking, altering,
excellence and have been passed on to ornamenting, finishing, or otherwise
and widely practiced by the present changing the container, wrapper, or
generations in his/her community with labeling of a consumer product in the
the same degree of technical and artistic furtherance of the distribution of the
competence. [Sec. 3, RA 7355]. same from the original place of
manufacture to the person who makes
Manlilikha ng Bayan Act. RA 7355 the final delivery or sale to the ultimate
entitled An Act providing for the consumer. [Sec. 4, RA 8423]. 2. Optical
recognition of national living treasures, Media Law. The act or business of
otherwise known as the Manlilikha ng producing optical media or devices
Bayan, and the promotion and containing sounds and/or images, or
development of traditional folk arts, software code, including any work
providing funds therefor, and for other protected in Part IV of the IP Code (RA
purposes enacted on Apr. 3, 1992. 8293), by mastering and/or replication.
In relation to equipment, manufacture
Manning agency. Any person or entity shall refer to the assembly or integration
duly licensed by the Sec. of Labor to of various components into any
recruit seamen for vessels plying equipment useful for the mastering,
international waters and for related manufacture and/or replication of
maritime activities. [Sec. 1, Rule 1, IRR optical media. [Sec. 3, RA 9239]. 3.
of LC]. Dangerous drugs law. The production,
preparation, compounding or processing
Manong. Ilok. A sign of respect due an of any dangerous drug and/or controlled
elder brother. [People v. Somera, GR L- precursor and essential chemical, either
47275. Feb. 21, 1989]. directly or indirectly or by extraction
from substances of natural origin, or
Manoy. Tag. A term of respect for an independently by means of chemical
older man. [People v. Malbago, GR synthesis or by a combination of
37679. May 14, 1990]. extraction and chemical synthesis, and
shall include any packaging or
Manpower. 1. That portion of the repackaging of such substances, design
nation's population which has actual or or configuration of its form, or labeling
potential capability to contribute directly or relabeling of its container; except
to the production of goods and services. that such terms do not include the
[Art. 44, LC]. preparation, compounding, packaging or
labeling of a drug or other substances
Manpower and Out-of-School Youth by a duly authorized practitioner as an
Development Act. RA 5462. incident to his/her administration or
[Expressly repealed by the Labor Code]. dispensation of such drug or substance
in the course of his/her professional
Manslaughter. The unlawful killing of practice including research, teaching
another without malice, either express and chemical analysis of dangerous
or implied. Such may be either drugs or such substances that are not
voluntary, upon a sudden heat, or intended for sale or for any other
involuntarily, but in the commission of purpose. [Sec 3, RA 9165].
some unlawful act. [Blacks Law Dict.,
Abr. 5th Ed. (1983), p. 496]. Manufacture of dangerous drug. The
production, preparation, compounding
Manual rape. For lack of a more or processing of a dangerous drug
descriptive term, the term used to refer either directly or indirectly or by
to rape caused not by the penis but by extraction from substances of natural

386
origin, or independently by means of Manufacturing and possession of

chemical synthesis or by a combination instruments or implements for
of extraction and chemical synthesis, falsification. Crim. Law. The felony
and shall include any packaging or committed by any person who shall
repackaging of such substance or make or introduce into the Philippines
labeling or relabeling of its container; any stamps, dies, marks, or other
except that such term does not include instruments or implements intended to
the preparation, compounding, be used in the commission of the
packaging, or labeling of a drug or other offenses of counterfeiting or
substance by a duly authorized falsification. mentioned in the Rev.
practitioner as an incident to his Penal Code, or who, with the intention
administration or dispensing of such of using them, shall have in his
drug or substance in the course of his possession any of the instruments or
professional practice. [Sec. 2, RA 6425]. implements mentioned. [Art. 176, RPC].
Manufacturer. 1. Any person entity, Manufacturing equipment. Any and all

including a re-packer, who makes, equipment, machine or device, now
fabricates, assembles, processes, or known or to be known in the future,
labels a finished product. [Sec. 4, RA intended or design for the production or
9211]. 2. The refinery in case of refined manufacture, by mastering and/or
sugar or cooking oil, the miller in case of replication of optical media, optical
flour or rice, or the importer in case of media masters, or production parts
imported processed foods or food thereof. For the purpose of RA 9239,
products, or the processor in case of optical disc writers and such other
other processed foods or foods devices used in personal computers not
products. [Sec. 3, RA 8976]. 3. Every for commercial purposes shall not be
person who, by physical or chemical considered as manufacturing
process, alters the exterior texture or equipment. [Sec. 3, RA 9239].
form or inner substance of any raw
material or manufactured or partially Manufacturing material. Any material
manufactured product in such manner such as, but not limited to, optical grade
as to have been put in its original polycarbonate or polycarbonate
condition, or who by any such process substitutes with physical properties
alters the quality of any such raw suitable for the manufacture of optical
material or manufactured or partially media. [Sec. 3, RA 9239].
manufactured products so as to reduce
it to marketable shape or prepare it for Mapping projects. Public land
any of the use of industry, or who by subdivision mapping (Plsm) and photo-
any such process combines any such cadastral mapping (Pcadm) projects of
raw material or manufactured or which the greater bulk of the activities is
partially manufactured products with sketching which leads to the preparation
other materials or products of the same of mere graphical sketches or maps.
or of different kinds and in such manner [Dir. of Lands v. Sec. of ENR, GR 79684.
that the finished products of such Feb. 19, 1991]. Compare with
process or manufacture can be put to a Cadastral survey.
special use or uses to which such raw
material or manufactured or partially Marginal farmer or fisherman. An
manufactured products in their original individual engaged in subsistence
condition could not have been put, and farming or fishing which shall be limited
who in addition alters such raw material to the sale, barter or exchange of
or manufactured or partially agricultural or marine products
manufactured products, or combines the produced by himself and his immediate
same to produce such finished products family. [Sec. 131, RA 7160].
for the purpose of their sale or
distribution to others and not for his Marginalized disabled persons.
own use or consumption. [Sec. 131, RA Disabled persons who lack access to
7160]. rehabilitative services and opportunities
to be able to participate fully in
socioeconomic activities and who have

387
no means of livelihood and whose the preceding calendar year on all

incomes fall below the poverty policies, except term insurance, in the
threshold. [Sec. 4, RA 7277]. case of a life insurance company, or of
at least ten per centum of the total
Margin. A landward and outer limiting amount of its net premium written
edge adjacent to the border of any during the preceding calendar year, in
water bodies or a limit beyond where the case of a company other than a life
beyond where saturation zone ceases to insurance company. [Sec. 194, IC].
exist. [Sec 4, RA 9275].
Marijuana or Indian hemp. See
Marginal deposit. A collateral security Cannabis.
given by the debtor (for a letter of
credit), and is supposed to be returned MARINA. Maritime Industry Authority.
to him upon his compliance with his [Sec. 3, RA 9295].
secured obligation. [Abad v. CA, GR
42735. Jan. 22, 1990]. Marine insurance. Insurance against
risks connected with navigation to which
Marginal farmer or fisherman. An a ship, cargo, freightage, profits or
individual engaged in subsistence other insurable interest in movable
farming or fishing which shall be limited property may be exposed during a
to the sale, barter or exchange of certain voyage a fixed period of time.
agricultural or marine products
produced by himself and his immediate Marine parks. Any off-shore area
family. [Sec. 131(p), LGC]. inhabited by rare and unique species of
marine flora and fauna. [Sec. 3, PD
Marginal fisherman. An individual 705].
engaged in fishing whose margin of
return or reward in his harvest of fish as Marine protection and indemnity
measured by existing price levels is insurance. Insurance against, or
barely sufficient to yield a profit or cover against legal liability of the insured for
the cost of gathering the fish. [Tano v. loss, damage, or expense incident to
Socrates, GR 110249. Aug. 21, 1997, ownership, operation, chartering,
citing Webster's 3rd New Intl. Dict., p. maintenance, use, repair, or
1381 (1993)]. Compare with construction of any vessel, craft or
Subsistence fisherman. instrumentality in use of ocean or inland
waterways, including liability of the
Margin levy (on foreign exchange). A insured for personal injury, illness or
form of exchange control or restriction death or for loss of or damage to the
designed to discourage imports and property of another person. [Sec. 99,
encourage exports and ultimately curtail IC].
any excessive demand upon the
international reserve in order to stabilize Marine protest. A written statement
the currency. [Morenos Law Dict., 2000 under oath, made by the master of a
Ed., p. 288]. vessel after the occurrence of an
accident or disaster in which the vessel
Margin of solvency. An excess of the or cargo is lost or injured, with respect
value of the admitted assets required to to the circumstances attending such
be maintained by an insurance company occurrence. It is usually intended to
doing business in the Philippines show that the loss or damage resulted
exclusive of its paid-up capital, in the from a peril of the sea, or from some
case of a domestic company, or an other cause for which neither the
excess of the value of its admitted master nor the owner was responsible,
assets in the Philippines, exclusive of its and concludes with the protestation
security deposits, in the case of a against any liability of the owner for
foreign company, over the amount of its such loss or damage. [Morenos Law
liabilities, unearned premium and Dict., 2000 Ed., pp. 288-289].
reinsurance reserves in the Philippines
of at least two per mille of the total Marine risk note. An acknowledgment
amount of its insurance in force as of or declaration of the insurer confirming

388
the specific shipment covered by its and shall include a stamped or marked
Marine Open Policy, the evaluation of container of goods. [Sec. 38, RA 166].
the cargo and the chargeable premium.
[Aboitiz Shipping Corp. v. Phil. Amer. Market access opportunity. The
Gen. Ins. Co., GR 77530. Oct. 5, 1989]. percentage of the total annual volume
of imports of an agricultural product to
Marital disqualification rule. The the corresponding total volume of
disqualification of the husband or the domestic consumption of the said
wife to testify, during their marriage, for product in the country in the three (3)
or against the other without the consent immediately preceding years for which
of the affected spouse, except in a civil data are available. [Sec. 4, RA 8800].
case by one against the other, or in a
criminal case for a crime committed by Market-driven strategy. See User-led
one against the other or the latter's strategy.
direct descendants or ascendants. [Sec.
22, Rule 130, RoC]. Market infrastructure. 1. Facilities
including, but not limited to, market
Maritime commerce. The business of buildings, slaughterhouses, holding
navigation upon the sea, or to business pens, warehouses, market information
transacted on the sea or in seaports. centers, connecting roads, transport and
[Torres, Oblig. & Cont., 2000 Ed., p. communication and cold storage used
344]. by the farmers and fisherfolk in
marketing their produce. [Sec. 4, RA
Maritime domain. Also Fluvial 8435]. 2. Facilities such as market
domain. The bodies of water within the buildings, slaughterhouses, holding pens
land mass and the waters adjacent to and cold storage used by the farmers in
the coasts of a state to a specified limit, marketing their produce. [Sec. 4, RA
including land-locked lakes, rivers, man- 7607].
made canals, the waters in certain gulfs,
bays and straits, and the territorial sea. Marketing cooperative. One which
[Cruz, Intl. Law Reviewer, 1996 Ed., p. engages in the supply of production
61]. inputs to members and markets their
products. [Art. 23, RA 6938].
Maritime industry. All enterprises
engaged in the business of designing, Market price. The price which would be
constructing, manufacturing, acquiring, realized for petroleum produced under a
operating, supplying, repairing and/or contract if sold in a transaction between
maintaining vessels, or component parts independent persons dealing at arm's
thereof; of managing and/or operating length in a free market. [Sec. 3, PD 87].
shipping lines, stevedoring arrastre and
customs brokerage services, shipyards, Market value. 1. The highest price
drydocks, marine railways, marine repair estimated in terms of money which the
shops, shipping and freight forwarding property will buy if exposed for sale in
agencies and similar enterprises. [Sec. the open market allowing a reasonable
3, PD 474]. time to find a purchaser who buys with
knowledge of all the uses to which it is
Maritime law. A very specific body of adapted and for which it is capable of
law peculiar to transportation by water, being used. The price which a willing
seamen and harbors. [Duhaime's Legal seller would sell and willing buyer would
Dict., 2004]. See also Admiralty law. buy, neither being under abnormal
pressure. [Sec. 3, PD 464]. 2. That
Maritime lien. A charge or claim against reasonable sum which the property
a vessel or its cargo. [Intl. Law Dict. & would bring on a fair sale by a man
Direct., 2004]. willing but not obliged to sell to a man
willing but not obliged to buy.
Mark. Any visible sign capable of [Sedgewick on Damages, Sec. 245.
distinguishing the goods (trademark) or Cited in Compagnie Franco-Indo
services (service mark) of an enterprise Chinoise v. Deutch-Australische, 39
Phil., 474]. 3. A basis for the amount in

389
which the property is to be disposed of. Marriage contracted against

It is the amount which can be bought or provisions of laws. Crim. Law. The
sold for at the real estate market, felony committed by any person who,
between a willing buyer and willing without being included in the provisions
seller, both having reasonable of the Art. 349 of the Rev. Penal Code,
knowledge of all relevant facts and with shall have contracted marriage knowing
equity to both. [Memo. from the Exec. that the requirements of the law have
Sec. dated Aug. 20, 1998]. not been complied with or that the
marriage is in disregard of a legal
Marking. Evid. The marking of all impediment, or by either of the
exhibits to facilitate their identification. contracting parties who shall obtain the
It may be made at the pre-trial or consent of the other by means of
during the trial. The plaintiff and the violence, intimidation or fraud. [Art.
prosecution use capital letters (A, B, 350, RPC].
C", etc.) and the accused use Arabic
numbers (1, 2, 3, etc.). Marriage license. An authority given by
the state to its citizens to enable them
Marriage. 1. A special contract of to get married. A positive testimony that
permanent union between a man and a the parties possess all the qualifications
woman entered into in accordance with and none of the disqualifications
law for the establishment of conjugal provided by law for marriage. [Morenos
and family life. It is the foundation of Law Dict., 2000 Ed., p. 290].
the family and an inviolable social
institution whose nature, consequences, Marriage settlement. A contract
and incidents are governed by law and entered into by a man and a woman
not subject to stipulation, except that who intend or plan to get married fixing
marriage settlements may fix the the property regime that will govern
property relations during the marriage their present and future properties
within the limits provided by the Family during their marriage. [Claridades, A.,
Code. [Art. 1, FC]. 2. It is not only a civil Compilation of Notes, 2001-2006].
contract, but it is a new relation, an
institution in the maintenance of which Marshall dictum. The power to tax is
the public is deeply interested. [Adong the power to destroy. [Claridades, A.,
v. Cheong See Gee, GR L-18081. Mar. 3, Compilation of Notes, 2001-2006].
1922]. 3. The state-recognized, Compare with Holmes dictum. See
voluntary and exclusive contract for the Power to tax is the power to
lifelong union of two persons. destroy.
Marshalling yard. A designated open
Marriage. Essential requisites for validity: storage area within the container
(a) Legal capacity of the contracting terminal where containers are stocked
parties who must be a male and a systematically in preparation for loading
female; and (b) Consent freely given in aboard the container ship. [Sec. 1, PPA
the presence of the solemnizing officer. Admin. Order 08-79].
[Art. 2, FC].
Marshy land. Land bordering on shores
Marriage. Formal requisites for validity: and banks of navigable rivers and lakes;
(a) Authority of the solemnizing officer; it is generally swampy or soft wet land.
(b) a valid marriage license; except in [Pea, Phil. Law on Natural Resources,
the cases provided for in Chap. 2, Title I 1997 Rev. Ed., p. 87].
of the Family Code; and (c) a marriage
ceremony which takes place with the Martial law. 1. A law of actual military
appearance of the contracting parties necessity in actual presence of war, and
before the solemnizing officer and their is administered by the general of the
personal declaration that they take each army, whose will it is, subject to slight
other as husband and wife in the limitations." [In Re: Aquino v. Enrile, GR
presence of not less than two witnesses L-35546. Sep. 17, 1974, citing
of legal age. [Art. 3, FC]. Constantin v. Smith, DC Text, 57 F. 2d
239]. 2. The exercise of the power

390
which resides in the executive branch of Massage clinic. An establishment where

the government to preserve order and massage is administered to customers.
insure the public safety in times of [Sec. 59, PD 856].
emergency, when other branches of the
government are unable to function, or Massage clinic attendant. A trained
their functioning would itself threaten person duly permitted by the Secretary
the public safety. [Javellana v. Exec. or his authorized representative to
Sec., GR L-36142. Mar. 31, 1973]. massage customers under the guidance
and supervision of a masseur. [Sec. 59,
Martial law power of the President. PD 856].
The power of the President, as the
Commander-in-Chief of all armed forces Masseur. A trained person duly licensed
of the Philippines, to call out such by the Secretary or his authorized
armed forces, whenever it becomes representative to perform massage and
necessary, to prevent or suppress to supervise massage clinic attendants.
lawless violence, invasion or rebellion, [Sec. 59, PD 856].
and, in case of invasion or rebellion,
when the public safety requires it, to Mass media. 1. Any means or methods
suspend, for a period not exceeding used to convey advertising messages to
sixty days, the privilege of the writ of the public such as television, radio,
habeas corpus or place the Philippines magazines, cinema, billboards, posters,
or any part thereof under martial law. streamers, hand bills, leaflets, mails and
[Sec. 10 (2), Art. VII, 1987 Const.]. the like. [Art. 4, RA 7394]. 2. Any
medium of communication designed to
Masama. A Tagalog term which connotes reach a mass of people. For this
bad or evil. [Morenos Law Dict., 2000 purposes, mass media includes print
Ed., p. 290]. media such as, but not limited to,
newspapers, magazines, and
Masiao. An illegal numbers game where publications; broadcast media such as,
the winning combination is derived from but not limited to, radio, television,
the results of the last game of Jai Alai or cable television, and cinema; electronic
the Special Llave portion or any result media such as but not limited to the
thereof based on any fictitious Jai Alai internet. [Sec. 4, RA 9211].
game consisting of ten (10) players
pitted against one another, and its Mastering. The act or business of
variants. [Sec. 2, RA 9287]. producing a stamper made of glass,
metal or other material, intended for the
Mask. A covering for the face. [People v. manufacture of optical media. [Sec. 3,
Almenario, GR 66420. Apr. 17, 1989]. RA 9239].
Compare with Hood.
Master-servant relationship. The
Masochism. Legal Med. The sexual relation between one who not only
enjoyment a person receives from being prescribes to the workman the end of
harmed, threatened or abused. The pain his work but directs or at any moment
and humiliation from the partner is the may direct the means also, or retains
primary factor for sexual gratification. the power of controlling the work.
The sexual deviate needs to sustain pain [Morenos Law Dict., 2000 Ed., p. 290].
and suffering in order to attain orgasm.
[Olarte, Legal Med., 1st Ed. (2004), p. Masturbation. Also Self-gratification.
116]. Compare with Sadism. Legal Med. The manual manipulation of
the male penis to the point of
Massage. A method wherein the ejaculation or of the vestibule, labia
superficial soft parts of the body are minora and clitoris which is the female
rubbed or stroked or kneaded for penis, or the introduction of a penis
remedial or aesthetic or hygienic substitute. [Olarte, Legal Med., 1st Ed.
purposes. [Sec. 59, PD 856]. (2004), p. 114].
Matching. The judicious pairing of the

adoptive child and the applicant to

391
promote a mutually satisfying parent- party plaintiff must be personal and not
child relationship. [Sec. 3, RA 8043]. one based on a desire to vindicate the
constitutional right of some third and
Material alteration. Nego Inst. Law. unrelated party. [De Joya v. PCGG, GR
Any alteration which changes: (a) the 96541. Aug. 24, 1993].
date; (b) the sum payable, either for
principal or interest; (c) the time or Materially defective product. A
place of payment; (d) the number or the product which, because of the pattern
relations of the parties; (e) the medium of the defect, the number of defective
or currency in which payment is to be products distributed in commerce and
made; (f) or which adds a place of the severity of the risk or otherwise,
payment where no place of payment is creates a substantial risk of injury to the
specified, or any other change or public. [Art. 4, RA 7394].
addition which alters the effect of the
instrument in any respect, is a material Material matter. The main fact which
alteration. [Sec. 125, NIL]. was the subject of the inquiry, or any
circumstance which tends to prove the
Material crimes. Those crimes which fact, or any fact or circumstance which
have three stages of execution, namely, tends to corroborate or strengthen the
attempted, frustrated and testimony relative to the subject of the
consummated. [Gregorio, Fund. of Crim. inquiry, or which legitimately affects the
Law Rev., 1997 9th Ed., p. 33]. credits of any witness who testifies. [US
v. Estraa, GR 5751. Sep. 6, 1910,
Material data rule. The rule in Sec. 6, citing In Franklin Country 5 Ohio S. & c.
Rule 41 of the Rules of Court to the Pl. Dec., 691].
effect that where the trial court finds
and declares in its order of approval of a Material possession. Natural possession
record on appeal that it was filed on or possession de facto. [Gatchalian v.
time or within the reglementary period Arlegui, GR L-35615. Feb. 17, 1977].
and the correctness, accuracy and
veracity of such finding are not Maternity home. An institution or place
impugned, questioned or disputed by of residence whose primary function is
the adverse party, the non-inclusion of a to give shelter and care to pregnant
motion or order is not fatal and does not women and their infants before, during
warrant dismissal of the appeal since and after delivery. [Art. 117, PD 603].
the appellate court may properly rely on
the trial court's order of approval and Maternity leave benefits. The leave
determination of timeless of appeal. benefits of at least two (2) weeks before
[Aznar v. CA, GR L-38134. Sep. 30, and four (4) weeks after the delivery,
1978]. miscarriage or abortion, with full pay
based on her regular or average weekly
Material evidence. Evidence which is wages, granted by the employer to a
relevant to the issues in a case. [Jurists pregnant woman employee who has
Legal Dict., 2004]. rendered an aggregate service of at
least six (6) months for the last twelve
Material fact. Ins. A fact which would (12) months immediately preceding the
affect the judgment of a prudent expected date of delivery, or the
underwriter in deciding whether to complete abortion or miscarriage. [Art.
accept the risk and if so, at what rate of 133, LC].
premium and subject to what terms and
conditions. [Tiopianco, Commentaries Maton. See Siga-siga.
and Jurisp. on the Ins. Code of the Phil.,
1999 Ed., p. 41]. Matriculation fee. Fee collected by the
school in consideration for the
Material interest. An interest in issue acceptance and registration of student.
and to be affected by the decree, as [Sec. 1, PD 577].
distinguished from mere interest in the
question involved, or a mere incidental Matrimony. The legal state of being
interest. Moreover, the interest of the married. [Duhaime's Legal Dict., 2004].

392
Meal period. Time-off given by the

Matters of judicial notice. Material employers for the regular meals of their
requisites: (a) The matter must be one employees which shall not be less than
of common and general knowledge; (b) sixty minutes. [Art. 85, LC].
it must be well and authoritatively
settled and not doubtful or uncertain; Means test. A protocol administered at
and (c) it must be known to be within the barangay level to determine the
the limits of the jurisdiction of the court. ability of individuals or households to
[State Prosecutors v. Muro, AM RTJ-92- pay varying levels of contributions to the
876. Sep. 19, 1994, citing 20 Am. Jur., National Health Insurance Program,
Evidence, Sec. 17, 48]. ranging from the indigent in the
community whose contributions should
Maturity period. The time when the be totally subsidized by the government,
conditions and obligations of contracts to those who can afford to subsidize
are to be completely fulfilled. [Morenos part but not all the required
Law Dict., 2000 Ed., p. 291]. contributions for the Program. [Sec. 1,
RA 9241].
Maximum sustainable yield (MSY).
The largest average quantity of fish that Measured capacity. The estimated
can be harvested from a fish additional volume of production which
stocks/resource within a period of time the Board of Investments determines to
(e.g. one year) on a sustainable basis be desirable in each preferred and
under existing environmental conditions. pioneer area of investment, in order to
[Sec. 4, RA 8550]. supply the needs of the economy at
reasonable prices, taking into account
Maximum tolerance. The highest the export potential of the area.
degree of restraint that the military, Measured capacity shall not be less than
police and other peace keeping the amount by which the measurable
authorities shall observe during a public market demand exceeds the existing
assembly or in the dispersal of the productive capacity in said preferred
same. [Sec.3, BP 880]. and pioneer areas nor shall measured
capacity be so much in excess of
May. 1. An auxiliary verb indicating measurable market demand as to foster
liberty, opportunity, permission or or encourage overcrowding in any such
possibility. [Capati v. Ocampo, GR L- area. [Sec. 3, RA 5186].
28742. Apr. 30, 1982]. 2. Usually
permissive, not mandatory. [Luna v. Measurement. Quantitative expression
Abaya, 86 Phil. 472 (1950)]. of the state of phenomenon or matter
such as length, mass, time, electric
May be. The term connotes possibility; it current, temperature, light intensity,
does not connote certainty. [Capati v. surface area, volume, velocity,
Ocampo, GR L-28742. Apr. 30, 1982]. acceleration, force, pressure, work,
power, beat, angle, and others. [Sec. 2,
Mayorazgo. Sp. From major natu, the BP 8].
first-born. The right to succeed to the
property left upon the condition that it Mechanical engineering, practice of.
be preserved perpetually intact in the A person shall be deemed to be
family and that it be transmitted in practicing mechanical engineering or
order of succession to each next first- rendering mechanical engineering
born. The confiding of the entailed service within the meaning and intent of
properties to the first-born in order that RA 5336, who shall, for a fee, salary or
he may preserve them for the family other reward or compensation paid to
and deliver them to his successor. himself or to another person, or even
[Barretto v. Tuason, GR 23923. Mar. 23, without such reward or compensation,
1926]. render professional mechanical
engineering service in the form of
MCTC. Municipal Circuit Trial Court. consultation, investigation, valuation,
planning, design, or preparation of
specifications or estimates for, or take

393
charge of management, administration

and supervision of the construction, Mediation party. A person who
erection, installation or alteration of, or participates in a mediation and whose
render engineering service in connection consent is necessary to resolve the
with the manufacture, sale, supply or dispute. [Sec. 3, RA 9285].
distribution of, or to manage, operate,
tend or maintain any mechanical Mediator. A person who conducts
equipment machinery or process, for mediation. [Sec. 3, RA 9285].
any mechanical works, project or plant;
or who shall, by means of signs, cards, Medical Act of 1959, The. RA 2382
advertisement or in any other way, offer enacted on June 20, 1959 which
to practice mechanical engineering or to provides for and governs (a) the
render professional mechanical standardization and regulation of
engineering service, or who shall in medical education; (b) the examination
connection with his name, or otherwise, for registration of physicians; and (c)
use, assume or advertise any title or the supervision, control and regulation
description tending to convey the of the practice of medicine in the
impression that he is a professional Philippines.
mechanical engineer, or mechanical
engineer, or certified plant mechanic, or Medical care expenses. Amounts paid
that he is engaged in the practice of for the diagnosis, cure, mitigation,
mechanical engineering as defined in RA treatment, or prevention of diseases, or
5336. [Sec. 13, RA 5336]. for the purpose of affecting any
structure or function of the body, but
Mechanics lien. The possessory right of excluding amounts paid for medicines.
a contractor in Art. 1731 of the Civil [Sec. 30, PD 69].
Code. The contractors right is to hold
the movable in pledge or as security for Medical clinic. A place in which patients
the payment of what is due him by way can avail of medical consultation or
of service charge, and to move for the treatment on an outpatient basis. [Sec.
sale of the movable pledged in order to 2, RA 8344].
collect the amount claimed from the
proceeds. [Morenos Law Dict., 2000 Medical confidentiality. The
Ed., p. 291]. relationship of trust and confidence
created or existing between a patient or
Med-arbiter. An official in the DOLE- a person with HIV and his attending
Regional Office authorized to hear, physician, consulting medical specialist,
conciliate, mediate and decide nurse, medical technologist and all other
representation cases, internal union and health workers or personnel involved in
inter-union disputes. [Sec. 1, Rule 1, any counseling, testing or professional
Book 5, IRR of LC]. care of the former; it also applies to any
person who, in any official capacity, has
Mediation. 1. A voluntary process in acquired or may have acquired such
which a mediator, selected by the confidential information. [Sec. 4, RA
disputing parties, facilitates 8496].
communication and negotiation, and
assist the parties in reaching a voluntary Medical malpractice or negligence.
agreement regarding a dispute. [Sec. 3, That type of claim which a victim has
RA 9285]. 2. A form of alternative available to him or her to redress a
dispute resolution in which the parties wrong committed by a medical
bring their dispute to a neutral third professional which has caused bodily
party, who helps them agree on a harm. [Garcia-Rueda v. Pascasio, GR
settlement. [Glossary of Legal Terms 118141. Sep. 5, 1997]. In order to
(Pro-Se), 2004]. successfully pursue such a claim, a
patient must prove that a health care
Mediation-arbitration. Also Med-arb. provider, in most cases a physician,
A step dispute resolution process either failed to do something which a
involving both mediation and arbitration. reasonably prudent health care provider
[Sec. 3, RA 9285]. would have done, or that he did

394
something that a reasonably prudent the purpose of aiding the physician in

provider would not have done; and that the diagnosis, study and treatment of
failure or action caused injury to the diseases and in the promotion of health
patient. [Garcia-Rueda v. Pascasio, GR in general. [Sec. 2, PD 498].
118141. Sep. 5, 1997, citing
www.medicalmal.com/neglig.html] Medicare. The health insurance program
currently being implemented by the
Medical negligence. Elements involved: Philippine Medical Care Commission. It
duty, breach, injury and proximate consists of: (a) Program I, which covers
causation. [Garcia-Rueda v. Pascasio, members of the SSS and GSIS including
GR 118141. Sep. 5, 1997]. their legal dependents; and (b) Program
II, which is intended for those not
Medical physicist. A physicist who covered under Program I. [Sec. 1, RA
specializes in the application of the 9241].
principles and techniques of physics in
medicine. [Sec. 3, RA 7431]. Medicinal preparations. Substances
used in medicine and prepared for the
Medical technician. A person who not use of the apothecary or the physician
being a graduate of Bachelor of Science to be administered as a remedy for
in Medical Technology/Bachelor of diseases [La Tondea v. Coll. of Int.
Science in Hygiene, but having passed Rev., 10 SCRA 709, citing Law Dict.,
the corresponding civil service Ballantine, Phil. Ed.].
examination, performs the work of
medical technology under the Medicine sample. Medicine given free to
supervision of a registered medical members of the medical profession by
technologist and/or qualified drug manufacturers. [Morenos Law
pathologist. [Sec. 2, RA 5527]. Dict., 2000 Ed., p. 291].
Medical technologist. A person who Medico-legal officers. Physicians or

engages in the work of medical their duly designated deputies, from the
technology under the supervision of a National Bureau of Investigation (NBI),
pathologist or licensed physician the Philippine National Police Crime
authorized by the Department of Health Laboratory (PNP), the Military Forces
in places where there is no pathologist (Army, Marines, Navy, Air Force) or any
and who having passed a prescribed similar government institution or
course (Bachelor of Science in Medical department who have custody of
Technology/Bachelor of Science in medico-legal case and violent deaths,
Hygiene) of training and examination is such cases being defined as: (a) death
registered under the provision of RA from accidents or trauma; (b) death
5527. [Sec. 2, RA 5527]. from homicide/murder or apparent
suicide; (c) death from undetermined
Medical technology. An auxiliary branch cause; or (d) violent deaths such as
of laboratory medicine which deals with military casualties. [Sec. 4, DOH Admin.
the examination by various chemical, Order 11-95].
microscopic, bacteriologic and other
medical laboratory procedures or Medulla oblongata. The lowest or
technic which will aid the physician in posterior part of the brain, extending
the diagnosis, study and treatment of from the isthmust rhombencephali to
disease and in the promotion of health the spinal cord into which it gradually
in general. [Sec. 2, RA 5527]. tapers off. It connects the brain with the
spinal cord. [Morenos Law Dict., 2000
Medical technology, practice of. A Ed., p. 291].
person shall be deemed to be in the
practice of medical technology within Mejora. Sp. Betterment. The disposition
the meaning of PD 498, who shall for a by parents of one of the two-thirds
fee, salary or other compensation or forming the legitime in order to apply it
reward paid or given directly or as betterment to their legitimate
indirectly through another, renders any children or descendants. [Estorque v.
of the following professional services for

395
Estorque, GR L-19573. June 30, 1970, and if passed to a third person, will be
citing Art. 808, par. 2, Sp. Civil Code]. valid in his hands like any other check.
[People v. Nitafan, GR 75954. Oct. 22,
Melancholia. Legal Med. An intense 1992].
feeling of depression and misery which
is unwarranted by his physical condition Memorandum decision. 1. A decision
and external environment. [Olarte, Legal rendered by an appellate court which
Med., 1st Ed. (2004), p. 150]. incorporates by reference the findings of
fact or the conclusions of law contained
Member. Any person whose premiums in the decision, order or ruling under
have been regularly paid to the National review. [Francisco v. Permskul, GR
Health Insurance Program. He may be a 81006. May 12, 1989]. 2. A decision of
paying member, or a pensioner/retiree the appellate court which adopt the
member. [Sec. 1, RA 9241]. findings and the conclusion of the trial
court. [Claridades, A., Compilation of
Members. The corporators of a non- Notes, 2001-2006].
stock corporation. [Sec. 5, CC].
Memorandum of Understanding
Members of the family. Those persons (MOU). A document which, if meeting
having family relations referred to under the other criteria, can be, in law, a
Art. 150 of the Family Code. It shall contract. Generally, in the world of
include the employer parent's or legal commerce or international negotiations,
guardian's husband or wife, parents, an MOU is considered to be a
children, other ascendants or preliminary document; not a
descendants, brothers and sisters comprehensive agreement between two
whether of full or half blood. [Sec. 2, RA parties but rather an interim or partial
7658]. agreement on some elements, in some
cases a mere agreement in principle, on
Memo debet bis vexare pro una et which there has been accord. Most
eadem causa. Lat. No man shall be MOU's imply that something more is
twice vexed for one and the same eventually expected. [Duhaime's Legal
cause. [Ex parte Lange, 18 Wall 163, Dict., 2004].
168; 21 Law Ed 872; U.S. v.
Throckmorton, 98 U.S. 61; 25 Law Ed. Memorialized. In writing. [Glossary of
93]. Legal Terms (Pro-Se), 2004].
Memoir or memorandum. Intl. Law. A Memory pack diskette. A device used

diplomatic note, either signed or merely to store data. [Sec. 2, RA 8046].
initiated by the negotiators, containing
salient points. [Coquia and Santiago, Memory pack receiver. A dedicated
Intl. Law, 3rd Ed. (1998), p. 494]. machine that reads memory packs.
[Sec. 2, RA 8046].
Memorandum. Rem. Law. An informal
note or instrument embodying Menarche. The onset of the first
something the parties desire to have in menstruation of a girl. [Morenos Law
written evidence. [Glossary of Legal Dict., 2000 Ed., p. 292].
Mendicancy Law of 1978. PD 1563
Memorandum check. It is in the form entitled Establishing an integrated
of an ordinary check, with the word system for the control and eradication of
"memorandum", "memo" or "mem" mendicancy, providing penalties,
written across its face, signifying that appropriating funds therefor, and for
the maker or drawer engages to pay the other purposes signed into law on June
bona fide holder absolutely, without any 11, 1978.
condition concerning its presentment.
Such a check is an evidence of debt Mendicant. Any person, except those
against the drawer, and although may enumerated in Sec. 4 of PD 1563, who
not be intended to be presented, has has no visible and legal means of
the same effect as an ordinary check, support, or lawful employment and who

396
is physically able to work but neglects to

apply himself to some lawful calling and Merchant. 1. A person engaged in the
instead uses begging as a means of sale, barter, or exchange of personal
living. [Sec. 3, PD 1563]. property of whatever character. [Sec.
1459, Act 2711; Whitaker v. Rafferty,
Mens rea. Lat. Guilty mind. 1. Many GR 11962. Aug. 27, 1918]. 2. A person
serious crimes require the proof of mens engaged in buying and selling
rea before a person can be convicted. In merchandise at a fixed place of
other words, the prosecution must business, which business is conducted in
prove not only that the accused his name, and who during the time he
committed the offense but that he did it claims to be engaged as a merchant
knowing that it was prohibited; that his does not engage in the performance of
act or omission was done with an intent any manual labor except such as is
to commit a crime. [Duhaime's Legal necessary in the conduct of his business
Dict., 2004]. 2. A guilty mind, a guilty or as such merchant [Singh v. Board of
wrongful purpose or criminal intent. Comm., GR L-11015. Feb. 25, 1961,
[People v. Moreno, GR 126921. Aug. 28, citing Sec. 12, Act 702].
1998, citing Black's Law Dict., 5th Ed., p.
889]. Merchants. (a) Those who, having legal
capacity to engage in commerce,
Mental anguish. Distress or serious pain habitually devote themselves to it, and
as distinguished from annoyance, regret (b) commercial or industrial companies
or vexation. [Morenos Law Dict., 2000 which may be created in accordance
Ed., p. 293]. with law. [Art. 1, Code of Commerce].
Mental deficiency or retardation. A Merchant marine deck officer. A duly

sub-average intellectual ability present registered, certified and licensed master
from birth or early infancy. [Olarte, mariner, chief mate and officer-in-
Legal Med., 1st Ed. (2004), p. 155]. charge of a navigational watch. [Sec. 4,
RA 8544].
Mental pachyderm. A distorted mind, a
mind that is insensible, unfeeling, Merchant marine engineer officer. A
senseless, hardened, callous. [People v. duly registered, certified and licensed
Aquino, GR L-23908. Oct. 29, 1966, chief engineer, second engineer, and
citing Thesaurus of Words and Phrases, officer-in-charge of an engineering
p. 121, (1947)]. watch in a manned engine-room or
designated duty engineer in a
Mercantile agency. Any person periodically unmanned engine-room,
engaged in the gathering information as and coastal engineer. [Sec. 4, RA 8544].
to the financial standing ability or credit
of persons engaged in business, and Merchant marine officer. Marine deck
reporting the same to subscribers or to or engineer officer. [Sec. 4, RA 8544].
customers applying and paying therefor.
[Sec. 1, PD 426]. See Collecting Merchant marine profession, practice
agency. of. The profession requiring the
application of fundamental and known
Mercenary. Intl. Law. A volunteer who, principles of navigation, seamanship and
for monetary award, enters into an engineering to the peculiar condition
agreement to fight for the armed forces and requirements of on board
of a foreign State or an entity management, operation and
purporting to exercise authority over a maintenance of main propulsion and
country or people or part thereof. auxiliary engines, stability and trim of
[Coquia and Santiago, Intl. Law, 3rd Ed. the vessel and cargo handling. [Sec. 4,
(1998), p. 611]. RA 8544].
Merchandise. As used in Bulk Sales Law, Merchant marine vessel. Applies only
things and articles which are kept for to the commercial ships, propelled by
sale by a merchant. [Morenos Law machinery, public or private, strictly
Dict., 2000 Ed., p. 293]. engaged in maritime commerce, both

397
seagoing and/or near-coastal trade, iron, manganese, copper, nickel, lead,

vessels engaged in the training of zinc cinnabar, tungsten and the like.
cadets for the merchant marine [Sec. 18, PD 464].
profession, and noncombatant vessels
of the Philippine Government. [Sec. 4, Metallurgy or metallurgical
RA 8544]. engineering, practice of. (a) A
person shall be deemed to be practising
Merger. Corp. Law. 1. The union of two metallurgical engineering within the
companies that results in the meaning and intent of PD 1563 who
continuation of the corporate existence shall, for a fee, salary or other reward or
and survival of one constituent company compensation, paid to him or through
and dissolution of the other. [Tiopianco, another person, or even without such
Commentaries & Jurisp. on the Ins. reward or compensation, render or offer
Code of the Phil., 1999 Ed., p. 207]. 2. to render professional service in
The absorption of one thing or right into metallurgy or metallurgical engineering
another. [Glossary of Legal Terms (Pro- in the form of consultation,
Se), 2004]. See Confusion. investigation, valuation, planning,
designing or supervision of operation;
Merger and consolidation. Corp. Law. (b) The term metallurgy or metallurgical
The merger of two or more corporations engineering as used in this Decree, shall
into a single corporation which shall be mean the teaching and practice of the
one of the constituent corporations or science and technology of preparing
may consolidate into a new single minerals and metals from ores by
corporation which shall be the separating them from mechanical
consolidated corporation. [Sec. 76, mixture and chemical combination
Corp. Code]. Compare with and/or finally processing them for use.
Consolidation. [Sec. 12, PD 1536].
Merger rule. Intl. Law. Legal rule that Metals industry. The manufacture from
the treaties in effect in a former state ore materials of products of all precious,
remain in effect in its territory when it base and rare metals and their alloys,
becomes part of a new state. [Intl. Law including all processes from smelting in
Dict. & Direct., 2004]. direct and indirect reduction furnaces to
the final finished product state, either
Meridional block. See Block. separately or part of an integrated
process. [Sec. 2, RA 6428].
Merits. A matter of substance in law, as
distinguished from matter of form, and MeTC. Metropolitan Trial Court.
as the real or substantial grounds of
action or defense, in contradistinction to Meter or metre. The base unit of length
some technical or collateral matter which is the length equal to 1 650
raised in the course of the suit. A 763.73 wavelengths in vacuum of the
judgment is upon the merits when it radiation corresponding to the transition
amounts to a declaration of the law as between the levels 2p 10 and 5d 5 of
to the respective rights and duties of the the krypton 86 atom. [Sec. 4, BP 8].
parties, based upon the ultimate fact or
state of facts disclosed by the pleadings Methamphetamine hydrochloride.
and evidence, and upon which the right Commonly known as "Shabu", "Ice",
of recovery depends, irrespective of "Meth", or by its any other name. The
formal, technical or dilatory objections drug having such chemical composition,
or contentions. [Escarte v. Off. of the including any of its isomers or
Pres., GR 58668. Dec. 4, 1990, citing derivatives in any form. [Sec 3, RA
Francisco, Rev. Rules of Court, Vol. II, 9165].
pp. 841-842].
Methylenedioxymethamphetamine
Metallic deposits. Those which contain or Ecstasy. The drug having such
any of the metallic elements or chemical composition, including any of
minerals, or their combination, such as its isomers or derivatives in any form.
gold, silver, platinum, tin, chromium, [Sec 3, RA 9165].

398
Micronutrient malnutrition. A disorder

Metric system. The international System resulting from deficiencies in vitamin A,
of Units, or SI in brief, as established by iron, iodine and other micronutrients
the General Conference of Weights and which the body needs in minute
Measures and as interpreted or modified quantities everyday. [Sec. 4, RA 8172].
by the Metric System Board, established
pursuant to PD 187, as amended by PD Middle-level manpower. Those (a)
748, to suit Philippine conditions. [Sec. who have acquired practical skills and
2, BP 8]. knowledge through formal or non-formal
education and training equivalent to at
Metropolitan Manila. A public least a secondary education but
corporation, originally created under PD preferably a post-secondary education
824, embracing the cities of Caloocan, with a corresponding degree or diploma;
Manila, Mandaluyong, Makati, Pasay, or (b) skilled workers who have become
Pasig, Quezon, and Muntinlupa, Las highly competent in their trade or craft
Pias, Malabon, Marikina, Paraaque, as attested by industry. [Sec. 4, RA
Taguig, and Valenzuela, and the 7796].
municipalities of Navotas, Pateros and
San Juan, which was later constituted Midnight appointments. Also Last
into a special development and minutes appointments. Mass ad-
administrative region subject to direct interim appointments issued in the last
supervision of the President of the hours of an outgoing Chief Executive
Philippines by virtue of RA 7924. (which) are to be considered by the
Commission on Appointments as
Metropolitan Manila Development different from that to be submitted by
Authority (MMDA). The government an incoming Chief Executive who may
body created under RA 7924 to not wholly approve of the selections,
administer the affairs of Metropolitan especially if it is doubtful that the
Manila. outgoing President exercised double
care in extending such appointments.
Micro-enterprise. Any economic [Aytona v. Castillo, GR L-19313. Jan. 19,
enterprise with a capital of P150,000.00 1962].
and below. This amount is subject to
periodic determination of the DTI to Might. The word does not connote an
reflect economic changes. [Sec. 3, RA agreement to do something. It is an
8425]. expression of a probable intention to do
but cannot be categorized as an offer or
Microfinance. A credit and savings promise to do it. [Morenos Law Dict.,
mobilization program exclusively for the 2000 Ed., p. 293].
poor to improve the asset base of
households and expand the access to Migrant worker. A person who is to be
savings of the poor. It involves the use engaged, is engaged or has been
of viable alternative credit schemes and engaged in a remunerated activity in a
savings programs including the state of which he is not a legal resident;
extension of small loans, simplified loan to be used interchangeably with
application procedures, group character Overseas Filipino Workers. [Sec. 2, IRR,
loans, collateral-free arrangements, RA 8042].
alternative loan repayments, minimum
requirements for savings, and small Migrant Workers and Overseas
denominated savers' instruments. [Sec. Filipinos Act of 1995. RA 8042
3, RA 8425]. entitled An Act to institute the policies
of overseas employment and establish a
Micronutrient. An essential nutrient higher standard of protection and
required by the body in very small promotion of the welfare of migrant
quantities; recommended intakes are in workers, their families and overseas
milligrams or micrograms. [Sec. 3, RA Filipinos in distress, and for other
8976]. purposes enacted on June 7, 1995.

399
Migratory species. Any fishery species Mineralized areas. Areas with naturally
which in the course of their life could occurring mineral deposits of gold,
travel from freshwater to marine water silver, chromite, kaolin, silica, marble,
or vice versa, or any marine species gravel, clay and like mineral resources.
which travel over great distances in [Sec. 3, RA 7076].
waters of the ocean as part of their
behavioral adaptation for survival and Mineral land. 1. Any area where mineral
speciation. [Sec. 4, RA 8550]. resources are found. [Sec. 3, RA 7942].
2. Land in which minerals exist in
Military. All branches of the Armed sufficient quantity and grade to justify
Forces of the Philippines including (sic) the necessary expenditures in extracting
the Philippine National Police, the and utilizing such minerals. [Sec. 3, PD
Bureau of Jail Management and 464; Sec. 2, PD 463].
Penology, and the Bureau of Fire
Protection. [Sec. 3, RA 8491]. Mineral processing. The milling,
beneficiation or upgrading of ores or
Military occupation. The taking over of minerals and rocks or by similar means
enemy territory by the victor after the to convert the same into marketable
conclusion of the war. The rights and products. [Sec. 3, RA 7942].
obligations of the military occupant
are generally premised on the provisions Mineral resource. Any concentration of
of an agreement or treaty on the minerals/rocks with potential economic
matter. [Suarez, Pol. Law Reviewer, 1st value. [Sec. 3, RA 7942].
Ed., 2002, p. 1078]. Compare with
Belligerent occupation. Mineral Resources Development
Decree of 1974. PD 463 signed into
Military personnel. Commissioned law on May 17, 1974; subsequently
officers, enlisted personnel, trainees and repealed by PD 972.
draftees who are in the active service of
the Armed Forces of the Philippines. Minerals. 1. All naturally occurring
[Sec. 1, PD 577]. inorganic substance in solid, gas, liquid,
or any intermediate state excluding
Mill tailings. Materials whether solid, energy materials such as coal,
liquid or both segregated from the ores petroleum, natural gas, radioactive
during concentration/milling operations materials, and geothermal energy. [Sec.
which has no present economic value to 3, RA 7942]. 2. All naturally occurring
the generator of the same. [Sec. 4, inorganic substances in solid, liquid or
DENR Admin. Order 95-23]. any intermediate state including coal.
Soil which supports organic life, sand
Mine. 1. v. To extract, remove, utilize and gravel, guano, petroleum,
minerals, and include operations geothermal energy and natural gas are
necessary for that purpose. [Sec. 2, PD included in this term but are governed
463]. 2. n. A work for the excavation of by special laws. [Sec. 2, PD 463].
minerals, by means of pits, shafts,
levels, tunnels, and others. [Pea, Phil. Minerals processing permit. The
Law on Natural Resources, 1997 Rev. permit granted by the DENR Sec. to any
Ed., p. 110]. person who shall engage in the
processing of minerals, which shall be
Mineral agreement. A contract between for a period of five (5) years renewable
the government and a contractor, for like periods but not to exceed a total
involving mineral production-sharing term of twenty-five (25) years. [Sec. 55,
agreement, co-production agreement, RA 7942].
or joint-venture agreement. [Sec. 3, RA
7942]. Minerals products. Materials derived
from minerals ores/rocks and prepared
Mineral deposit. A natural deposit or into a marketable state by metallurgical
accumulation of minerals. [Sec. 2, PD processes which include, but not limited
463]. to milling, beneficiation, cyanidation,
leaching, smelting, calcination and other

400
similar processes. [Sec. 4, DENR Admin. Labor Code, except Sec. 3 and 7
Order 95-23]. thereof].
Mine wastes and tailings. Soil and rock Mining. The exploration for and
materials from surface or underground extraction of minerals which occur in
mining and milling operations with no nature as either solids, liquids or gases.
economic value to the generator of the [Sec. 2, RA 4095].
same. [Sec. 3, RA 7942].
Mining Act. CA 137, as amended, and as
Mini-hydroelectric power developer further amended by RA 7942, the
or developer. Any individual, Philippine Mining Act of 1995.
cooperative, corporation or association
engaged in the construction and Mining area. A portion of the contract
installation of a hydroelectric-power- area identified by the contractor for
generating plant with an installed purposes of development, mining,
capacity of not less than 101 kilowatts utilization, and its sites for support
nor more than 10,000 kilowatts. [Sec. 4, facilities or in the immediate vicinity of
RA 7156]. the mining operations. [Sec. 3, RA
7942].
Mini-hydroelectric power
development. The construction and Mining claim. A parcel of land containing
installation of a hydroelectric-power- precious metal in its soil or rock, and is
generating plant and its auxiliary often used in mining parlance as
facilities such as transmission, synonymous with the term Location.
substation and machine shop with an [Pea, Phil. Law on Natural Resources,
installed capacity of not less that 101 1997 Rev. Ed., p. 110].
kilowatts nor more than 10,000
kilowatts. [Sec. 4, RA 7156]. Mining engineering, practice of. A
person shall be deemed to be practising
Mini-hydroelectric power plant. An mining engineering or rendering mining
electric-power-generating plant which: engineering service within the meaning
(a) utilizes the kinetic energy of falling and intent of RA 4274 who shall, for a
or running water (run-of-river hydro fee, salary or other reward or
plants) to turn a turbine generator compensation, paid to him or through
producing electricity; and (c) has an another person, or even without such
installed capacity of not less than 101 compensation, render or offer to render
kilowatts nor more than 10,000 by means of signs, cards,
kilowatts. [Sec. 4, RA 7156]. advertisements, written reports, and/or
in any other manner offer to practice
Minimum Access Volume (mV). The mining engineering in the form of
amount of imports of an agricultural consultation, investigation, mining
product allowed to be imported into the reports, valuation and ore reserve
country at a customs duty lower than calculation; take charge of, direct and/or
out-quota customs duty. [Sec. 4, RA supervise underground and/or surface
8800]. mining, open-cuts, pits and/or quarries;
shaft sinking, tunneling, stopping,
Minimum basic needs (MBN). The dredging, hydraulicking and sluicing for
needs of a Filipino family pertaining to minerals and/or mineral products:
survival (food and nutrition; health; Provided, That the above functions are
water and sanitation; clothing), security exercised in a responsible and
(shelter; peace and order; public safety; independent capacity. [Sec. 12, RA
income and livelihood) and enabling 4274].
(basic education and literacy;
participation in community Mining operations. Mining activities
development; family and psycho-social involving exploration, feasibility,
care). [Sec. 3, RA 8425]. development, utilization, and
processing. [Sec. 3, RA 7942].
Minimum Wage Law. RA 602, as
amended . [Expressly repealed by the

401
Mining plan. A two-year program of representatives of their countries to a

activities and methodologies employed foreign principal city. Their offices are
in the extraction and production of known as Legations. [Suarez, Pol. Law
minerals or ore-bearing materials, Reviewer, 1st Ed., 2002, p. 1044].
including the financial plan and other
resources in support thereof. [Sec. 3, Ministrant function. Also Proprietary
RA 7076]. function. Pol. Law. A function of
government which connotes merely the
Mining right. Any right to explore, exercise of proprietary functions and
develop, or utilize mineral resources. thus considered as optional. [Fontanilla
[Sec. 4, DENR Admin. Order 95-23]. v. Maliaman, GR 55963 & 61045. Feb.
27, 1991]. Compare with
Mining right application. Any Governmental or Constituent
application for small-scale mining function.
permit, exploration permit, quarry
permit, sand and gravel permit, guano Ministrant governmental functions.
permit, gemstone gathering permit, Pol. Law. Those that are undertaken
mineral agreement or FTAA. [Sec. 4, only by way of advancing the general
DENR Admin. Order 95-23]. interest of society, and are merely
optional. The most important of the
Ministerial act or duty. In ministrant functions are: public works,
contradistinction to a discretional act, public education, public charity, health
one which an officer or tribunal and safety regulations, and regulations
performs in a given state of facts, in a of trade and industry. [SSS Employees
prescribed manner, in obedience to the Assoc. v. Soriano, GR L-18081. Apr. 30,
mandate of legal authority, without 1963]. Compare with Constituent
regard to or the exercise of his own governmental functions.
judgment, upon the propriety or
impropriety of the act done. If the law Mini-trial. A structured dispute resolution
imposes a duty upon a public officer, method in which the merits of a case
and gives him the right to decide how or are argued before a panel comprising
when the duty shall be performed, such senior decision makers with or without
duty is discretionary and not ministerial. the presence of a neutral third person
The duty is ministerial only when the after which the parties seek a
discharge of the same requires neither negotiated settlement. [Sec. 3, RA
the exercise of official discretion nor 9285].
judgment. [Lamb v. Phipps, GR 7806.
July 12, 1912]. Minor. 1. Any person below eighteen
(18) years old. [Sec. 4, RA 9211]. 2. A
Ministerial execution. Also Execution person under the age of legal
as a matter of right. Execution of a competence. [Jurists Legal Dict., 2004].
final judgment or final order which has
attained finality. [Bench Book for Trial Minority. The state or condition of a
Court Judges, p. 2-56]. Compare with minor; infancy. The smaller number of
Discretionary execution. votes to deliberate assembly.
Minister of the Gospel. All clergymen of 2001-2006]. Compare with Majority.
denomination and faith. [Adong v.
Cheong See Gee, GR L-18081. Mar. 3, Minority opinion. A dissenting opinion.
1922]. [Intl. Law Dict. & Direct., 2004].
Compare with Majority opinion.
Ministers plenipotentiary. Also
Envoys extraordinary. Ministers Minor or ordinary repair. Repair merely
assigned to perform a special function to keep a building or equipment in fit
(i.e., signing a treaty). [Suarez, Pol. Law condition or use without increasing its
Reviewer, 1st Ed., 2002, p. 1044]. capacity or otherwise adding to its
normal value as an asset. [IRR on
Ministers resident. The political, Supply & Prop. Mgt., per Sec. 383,
cultural, economic, and social LGC].

402
[Amosco v. Magro, 73 SCRA 107

Minutes. 1. The official record of a (1976)]. 2. Any unlawful behavior by a
meeting. [Duhaime's Legal Dict., 2004]. public officer in relation to the duties of
2. Memorandum of a transaction or his office, willful in character. The term
proceeding. [Glossary of Legal Terms embraces acts which the office holder
(Pro-Se), 2004]. had no right to perform, acts performed
improperly, and failure to act in the face
Miranda warning. Also Miranda rule. of an affirmative duty to act. [Maaliw,
1. The name given to the requirement Willie Fernando S., CSC Res. 00-1290,
that police officers must warn suspects June 1, 2000].
upon arrest that they have the right to
remain silent, that any statement that Misconduct in office. 1. Any unlawful
they make could be used against them behavior by a public officer in relation to
in a court of law, that they have the the duties of his office, willful in
right to contact a lawyer and that if they character. [Guillen v. Tolentino, AM SB-
cannot afford a lawyer, that one will be 95-6-P. Dec. 10, 1997, citing Black's
provided before any questioning is so Law Dict., Rev. 4th Ed., p. 1150]. 2. A
desired. Failure to issue the warning misconduct such as affects his
results in the evidence so obtained to be performance of his duties as an officer
inadmissible in court. The warning and not such only as affects his
became a national police requirement character as a private individual. In such
when ordered by the US Supreme Court cases, it has been said at all times, it is
in the 1966 case of Miranda v. Arizona necessary to separate the character of
and that is how it got the name. 2. man from the character of an officer.
Requirement that police tell a suspect in [Amosco v. Magro, 73 SCRA 107, pp.
their custody of his constitutional rights 108-109, Sep. 30, 1976; citing Lacson v.
before they question him. So named as Roque, 92 Phil. 456 (1953),
a result of the Miranda v. Arizona ruling Buenaventura v. Benedicto, 38 SCRA 71,
by the US Supreme Court. [Glossary of Mar. 27, 1971, and In re Impeachment
Legal Terms (Pro-Se), 2004]. of Horilleno, 43 Phil. 212 (1922)].
Misappropriate. To own, to take Misconduct of notary public. The act

something for one's own benefit. [Sy v. of ratifying a contract the covenants of
People, GR 85785. Apr. 24, 1989, citing which are contrary to law, morals and
II Reyes, Crim. Law, 12th Ed., p. 729]. good customs, executed by a notary
Compare with Convert. public who is at the same time a
practicing attorney upon which the
Misappropriate (for one's own use). court, as disciplinary measure, may
To convert to one's personal advantage. impose even disbarment. [Panganiban
To attempt to dispose of the property of v. Borromeo, 58 Phil. 367; Biton v.
another without right. [US v. Panes, 37 Momongan, 62 Phil. 7].
Phil. 118].
Misdemeanor. A criminal offense lesser
Misappropriation. The misapplication of than a felony and generally punishable
money, goods, or other personal by fine or by imprisonment other than in
property belonging to another for his a penitentiary. [Claridades, A.,
personal benefit. [Trinidad v. CA, 53 OG Compilation of Notes, 2001-2006].
731].
Misfeasance. 1. Improperly doing
Miscellaneous payroll period. A payroll something which a person has the legal
period other than, a daily, weekly, right to do. [Duhaime's Legal Dict.,
biweekly, semi-monthly, monthly, 2004]. 2. Improper performance of an
quarterly, semi-annual, or annual act which a person might lawfully do.
period. [Sec. 78, NIRC, as amended]. [Glossary of Legal Terms (Pro-Se),
2004]. Compare with Malfeasance and
Misconduct. 1. A transgression of some Nonfeasance.
established or definite rule of action,
more particularly, unlawful behavior or Misjoinder. When a person has been
gross negligence by the public officer. named as a party to a lawsuit when that

403
person should not have been added.

When this is asserted, the court will Mistrial. 1. A partial or complete trial
usually accommodate a request to which is found to be null and void and
amend the court documents to strike, or of no effect because of some
substitute for, the name of the irregularity. The sudden end of trial
misjoined party. [Duhaime's Legal Dict., before it would ordinarily end because
2004]. Compare with Non-joinder. of some reason which invalidates it.
Once a mistrial is declared, the situation
Misleading question. One which is as if the trial had never occurred.
assumes as true a fact not yet testified [Duhaime's Legal Dict., 2004]. 2. An
to by the witness, or contrary to that invalid trial, caused by fundamental
which he has previously stated. It is not error. [Glossary of Legal Terms (Pro-
allowed. [Sec. 10, Rule 132, RoC]. Se), 2004].
Compare with Leading question.
Misuse of allocation. The sale, transfer
Misprision of treason. Crim. Law. The or diversion of mandated petroleum fuel
felony committed by a person owing allocations by oil companies,
allegiance to the Government of the distributors, dealers or consumers
Philippines, without being a foreigner, contrary to the declared intent of the
and having knowledge of any conspiracy Government in making such allocation.
against them, who conceals or does not [Sec. 2, PD 1865; Sec. 3, BP 33].
disclose and make known the same, as
soon as possible to the governor or Mitigating circumstances. 1. Those
fiscal of the province, or the mayor or circumstances that have the effect of
fiscal of the city in which he resides, as reducing the penalty because there is a
the case may be. [Art. 116, RPC]. diminution of any of the elements of
dolo or culpa, which makes the act
Misrepresentation. Contracts. 1. A false voluntary or because of the lesser
and material statement which induces a perversity of the offender. [Gregorio,
party to enter into a contract. This is a Fund. of Crim. Law Rev., 1997 9th Ed.,
ground for rescission of the contract. p. 51]. 2. These are facts that, while not
[Duhaime's Legal Dict., 2004]. 2. Ins. A negating an offense or wrongful action,
statement as a fact of something which tend to show that the defendant may
is untrue, and which the insured states have had some grounds for acting the
with knowledge that it is untrue and way he did. For example, assault,
with an intent to deceive, or which he though provoked, is still assault but
states positively as true without knowing provocation may constitute mitigating
it to be true, and which has a tendency circumstances and allow for a lesser
to mislead, where such fact in either sentence. 3. Those which do not
case is material to the risk. [Agbayani, constitute a justification or excuse for an
Comm. Laws of the Phil., Vol. II, p.66]. offense but which may be considered as
reasons for reducing the degree of
Mistake of facts. Crim. Law. An act or blame. [Glossary of Legal Terms (Pro-
omission which is the result of a Se), 2004]. Compare with Aggravating
misapprehension of facts that is circumstances.
voluntary but not intentional. The actor
performed an act which would be lawful Mitigation. A reduction, abatement, or
had it been true as he believed it to be. diminution of a penalty or punishment
[Gregorio, Fund. of Crim. Law Rev., imposed by law. [Glossary of Legal
1997 9th Ed., p. 21-22]. Terms (Pro-Se), 2004].
Mistake to invalidate consent. There Mitigation of damages. The

is mistake to invalidate consent when responsibility a person who sues
the mistake refers to the substance of another for damages to minimize those
the thing which is the object of the damages, as far as reasonable. For
contract, or to those conditions which example, in a wrongful dismissal suit,
have principally moved one or both the person who was fired should make
parties to enter into the contract. [Art. some effort to find another job so as to
1331, CC]. minimize the economic damage to

404
himself. [LawInfo Legal Dictionary owner. [De Leon, Fundamentals of

(2005)]. Taxation, 2000 Ed., p. 48].
Mittimus. 1. The final process for Mobilization fee. The amount charged
carrying into effect the decision of the by a licensee or authority holder from its
appellate court, and the transmittal foreign employer-principal/partner to
thereof to the court of origin is cover costs of recruitment, processing
predicated upon the finality of the and documentation of its recruits for
judgment. [Clemente-De Guzman v. overseas employment. [Sec. 1, Rule 1,
Reyes, AM 2358-MJ. June 29, 1982]. 2. IRR of LC].
The name of an order in writing, issuing
from a court and directing the sheriff or Modal donation. A donation in which
other officer to convey a person to a the donor imposes a prestation upon the
prison, asylum, or reformatory, and donee. [Central Phil. Univ. v. CA, GR
directing the jailer or other appropriate 112127. July 17, 1995].
official to receive and safely keep the
person until his fate shall be determined Mode. The statement of the object of the
by due course of law. [Glossary of Legal institution, or the application of the
Terms (Pro-Se), 2004]. property left by the testator, or the
charge imposed by him. [Jurado,
Mixed condition. 1. A condition which Comments & Jurisp. on Succession,
depends partly upon chance and partly 1991 8th Ed., p. 228].
upon the will of a third person. [Diaz,
Bus. Law Rev., 1991 Ed., p. 11]. 2. A Model law. The Model Law on
condition the fulfillment of which International Commercial Arbitration
depends jointly upon the will of the heir, adopted by the United Nations
devisee or legatee and upon chance Commission on International Trade Law
and/or the will of a third person. on 21 June 1985. [Sec. 3, RA 9285].
[Jurado, Comments & Jurisp. on
Succession, 1991 8th Ed., p. 222-223]. Mode of acquisition. The means/ways
by which the government acquired the
Mixed novation. Novation that is both property; e.g. sale, donation, eminent
objective and subjective at the same domain, escheat, judgment levy and
time wherein a dual purpose is foreclosure of mortgage. [Memo. from
achieved. An obligation is extinguished the Exec. Sec. dated Aug. 20, 1998].
and a new one is created in lieu thereof.
[Morenos Law Dict., 2000 Ed., p. 296]. Moderate damages. See Temperate
damages.
Mixed solidarity. Solidarity that exists
among the creditors and the debtors at Modern factoring. A continuing
the same time. [Torres, Oblig. & Cont., agreement under which a financing
2000 Ed., p. 77]. institution assumes the credit and
collection for its client and purchases his
Mixed succession. Succession effected receivables as they arise without
partly by will and partly by operation of recourse to him for credit losses. For a
law. [Art. 780, CC]. small commission, the factor assumes all
the clients burdens of credits and
Mobile satellite service. A radio collections. [Morenos Law Dict., 2000
communications service between mobile Ed., p. 296].
earth stations and one or more space
stations, or between space stations used Modes of discovery. The name given
by this service, or between mobile earth pretrial devices for obtaining facts and
stations by means of one or more space information about the case. [Glossary of
stations. [Sec.3, EO 467, s. 1998]. Legal Terms (Pro-Se), 2004].
Mobilia sequuntur personam Modification of permit. The change of

principle. The principle that the situs of the place and time of the public
personal property is the domicile of the assembly, rerouting of the parade or
street Mar., the volume of loud-speakers

405
or sound system and similar changes. Moneda. Sp. Money, specie, coin. [US v.
[Sec.3, BP 880]. Gardner, GR 1468. Mar. 14, 1904, citing
Appleton's Sp. Dict.].
Modified union shop. Labor. A contract
which requires all new employees to Moneda corriente. Sp. Currency. [US v.
become union members for some time Gardner, GR 1468. Mar. 14, 1904, citing
after employment but does not require Appleton's Sp. Dict.].
present employees to join the union.
Those who have become union Moneda sonate. Sp. Hard money,
members shall maintain their specie. [US v. Gardner, GR 1468. Mar.
membership as a condition of 14, 1904, citing Appleton's Sp. Dict.].
continuous employment. [Poquiz, Labor
Rel. Law, 1999 Ed. p. 157]. Monetary instrument. Pursuant to the
"Anti-Money Laundering Act of 2001
Modus operandi. Lat. Method of (RA 9160), the term refers to: (a) coins
operation. Used by law enforcement or currency of legal tender of the
officials to refer to a criminal's preferred Philippines, or of any other country; (b)
method of committing crime. drafts, checks and notes; (c) securities
[Duhaime's Legal Dict., 2004]. or negotiable instruments, bonds,
commercial papers, deposit certificates,
Modus vivendi. Lat. Intl. Law. A trust certificates, custodial receipts or
temporary agreement or arrangement deposit substitute instruments, trading
between two States, providing for a orders, transaction tickets and
workable compromise in a pending confirmations of sale or investments and
dispute, which is intended to be money marked instruments; and (d)
replaced later by an arrangement of a other similar instruments where title
more formal and permanent character. thereto passes to another by
[Coquia and Santiago, Intl. Law, 3rd Ed. endorsement, assignment or delivery.
(1998), p. 493]. [Sec. 3, RA 9160].
Mohammedan Imam. A priest or Monetary interest. Interest for the use

minister of the Gospel. [Adong v. of the money (from date of execution to
Cheong See Gee, GR L-18081. Mar. 3, date of payment). [Reins. Co. of the
1922]. Orient, Inc. v. CA, GR L-61250. June 3,
1991]. Compare with Compensatory
Mohammedanism. A denomination, interest.
within the meaning of the Marriage Law.
[Adong v. Cheong See Gee, GR L- Money. Anything customarily used as a
18081. Mar. 3, 1922]. medium of exchange and measure of
value. [Intl. Law Dict. & Direct., 2004].
Moiety. Half of something. For example,
it can be said that joint tenants hold a Money claims of workers. Money
moiety in property. In old criminal law, claims referred to in par. 3 of Art. 217 of
there were moiety acts which allowed the Labor Code which embrace those
half of the fine money to be handed which arise out of or in connection with
over to the informer. [Duhaime's Legal the employer-employee relationship, or
Dict., 2004]. some aspect or incident of such
relationship. Money claims now falling
Mole. The base unit of amount of within the original and exclusive
substance which is the amount of jurisdiction of Labor Arbiters which have
substance of a system which contains as some reasonable causal connection with
many elementary entities as there are the employer-employee relationship.
atoms in 0.012 kilogram of carbon 12. [San Miguel Corp. v. NLRC, GR L-80774.
When the mole is used, the elementary May 31, 1988].
entities must be specified and may be
atoms, molecules, ions, electrons, other Money market. A market dealing in
particles, or specified groups of such standardized short-term credit
particles. [Sec. 4, BP 8]. instruments (involving large amounts)
where lenders and borrowers do not

406
deal directly with each other but merchandise or object of commerce is

through a middle man or dealer in the used. [Art. 186, RPC].
open market. [Perez v. CA, 127 SCRA
636 (1984)]. Monopoly. A privilege or peculiar
advantage vested in one or more
Money shop. An extension service unit persons or companies, consisting in the
of a banking institution usually operating exclusive right or power to carry on a
in public markets with authority to particular business or trade,
accept money for deposit and extend manufacture a particular article, or
short-term loans for specific purposes. control the sale or the whole supply of a
[Sec. 1, PD 426]. particular commodity. It is a form of
market structure in which one or only a
Money supply. All holdings of domestic few firms dominate the total sales of a
currency and deposit money with the product or service. [Tatad v. Sec. of
exception of such holdings by the Energy, GR 124360. Nov. 5, 1997, citing
Government and by banks having Black's Law Dict., 6th Ed., p. 1007].
checking deposit liabilities in domestic Compare with Combination in
currency. [Sec. 65, RA 265]. restraint of trade.
Monopolies and combinations in Montes veneris. Plural of mons veneris.

restraint of trade. Crim. Law. The That part of the female genitalia where
felony committed by: (a) any person pubic hair grows after the age of 13.
who shall enter into any contract or [Dela Cruz v. Concepcion, AM RTJ-93-
agreement or shall take part in any 1062. Aug. 25, 1994].
conspiracy or combination in the form of
a trust or otherwise, in restraint of trade Moot. 1. Also called a Moot point. A
or commerce or to prevent by artificial side issue, problem or question which
means free competition in the market; does not have to be decided to resolve
(b) any person who shall monopolize the main issues in a dispute. [Duhaime's
any merchandise or object of trade or Legal Dict., 2004]. 2. A case or a point
commerce, or shall combine with any which is not subject to a judicial
other person or persons to monopolize determination because it involves an
and merchandise or object in order to abstract question or a pretended
alter the price thereof by spreading false controversy that has not yet actually
rumors or making use of any other arisen or has already passed. Mootness
article to restrain free competition in the usually refers to a court's refusal to
market; (c) any person who, being a consider a case because the issue
manufacturer, producer, or processor of involved has been resolved prior to the
any merchandise or object of commerce court's decision, leaving nothing that
or an importer of any merchandise or would be affected by the court's
object of commerce from any foreign decision. [Glossary of Legal Terms (Pro-
country, either as principal or agent, Se), 2004].
wholesaler or retailer, shall combine,
conspire or agree in any manner with Moot and academic. When a
any person likewise engaged in the determination is sought on a matter
manufacture, production, processing, which, when rendered, cannot have any
assembling or importation of such practical effect on the existing
merchandise or object of commerce or controversy, or where no practical relief
with any other persons not so similarly can be granted. [Heirs of Roxas, Inc. v.
engaged for the purpose of making IAC, GR 67195. May 29, 1989].
transactions prejudicial to lawful
commerce, or of increasing the market Moot court. Fictional or hypothetical
price in any part of the Philippines, of trial, usually hosted by law schools, as
any such merchandise or object of training for future barristers or litigators.
commerce manufactured, produced, [Duhaime's Legal Dict., 2004].
processed, assembled in or imported
into the Philippines, or of any article in Mora. Lat. Delay. [Claridades, A.,
the manufacture of which such Compilation of Notes, 2001-2006].
manufactured, produced, or imported

407
Mora accipiendi. Lat. The delay on the private and social duties which a man
part of the creditor to accept the owes his fellow man, or to society in
performance of the obligation. [Diaz, general, contrary to the accepted and
Bus. Law Rev., 1991 Ed., p. 6]. customary rule of right and duty
between man and man, or conduct
Moral certainty. That degree of proof contrary to justice, honesty, modesty
which produces conviction in an and good morals. [Tak Ng v. Rep., 106
unprejudiced mind. [People v. Garcia, Phil. 727 (1959)].
GR 94187. Nov. 4, 1992].
Mora solvendi. Lat. The delay on the
Moral damages. Damages which include part of the debtor to fulfill his obligation
physical suffering, mental anguish, (to give or to do). [Diaz, Bus. Law Rev.,
fright, serious anxiety, besmirched 1991 Ed., p. 6].
reputation, wounded feelings, moral
shock, social humiliation, and similar Mora solvendi ex re. Lat. The delay in
injury. Though incapable of pecuniary giving or delivering a thing. [Torres,
computation, moral damages may be Oblig. & Cont., 2000 Ed., p. 36].
recovered if they are the proximate
result of the defendant's wrongful act Mora solvendi ex persona. Lat. The
for omission. [Art. 2217, CC]. delay in obligations to do or perform
personal service. [Torres, Oblig. &
Moral irreproachability. Character of Cont., 2000 Ed., p. 36].
the highest order excellent character.
[In Re: Po Yo Bi v. Rep., GR 32398. Jan. Moratorium. The temporary suspension
27, 1992]. of legal action against a person.
Moral law. Set of rules which establishes
what is right and what is wrong as Moratory interest. Interest arising from
dictated by the human conscience and breach of contract or tort for the
as inspired by eternal law. [Suarez, Stat. unlawful detention of money already
Con., (1993), p. 37]. due. [Morenos Law Dict., 2000 Ed., p.
299].
Morals. It is good customs; those
generally accepted principles of morality Moron lamps. Self improvised lamps,
which have received some kind of social where a bottle, such as that of a San
and practical confirmation. [Cui v. Miguel beer bottle, is filled with
Arellano Univ., GR L-15127. May 30, kerosene with a cloth serving as a wick.
1961, citing Manresa]. [People v. Urquia, Jr., GR 94787. Nov.
19, 1991].
Moral turpitude. 1. Any act done
contrary to justice, honesty, modesty or Mors omnia solvi. Lat. Ddeath dissolves
good morals. Some of the particular all things. [People v. Satorre, GR L-
crimes which have been held to involve 26282. Aug. 27, 1976].
moral turpitude are adultery,
concubinage, rape, arson, evasion of Mortgage. 1. A real contract whereby
income tax, barratry, bigamy, blackmail, one person (called the mortgagor)
bribery, criminal conspiracy to smuggle offers his real property as security for
opium, dueling, embezzlement, the principal obligation and with the
extortion, forgery, libel, making understanding that when the obligation
fraudulent proof of loss on insurance is paid or fulfilled, the mortgage or
contract, murder, mutilation of public encumbrance on the said property shall
records, fabrication of evidence, be cancelled and released. [Suarez,
offenses against pension laws, perjury, Intro. to Law, 1995 3rd Ed., p. 122]. 2.
seduction under promise of marriage, An interest given on a piece of land, in
estafa, falsification of public document, writing, to guarantee the payment of a
estafa thru falsification of public debt or the execution of some action. It
document. [Zari v. Flores, AM (2170- automatically becomes void when the
MC) P-1356. Nov. 21, 1979]. 2. An act debt is paid or the action is executed.
of baseness, vileness, depravity in the

408
[Duhaime's Legal Dict., 2004]. Compare Dict. & Direct., 2004]. See also Center
with Pledge. of gravity doctrine.
Mortgage bonds. Corp. Law. Bonds Motel. A roadside hotel for motorists,
secured by a mortgage on specific usually consisting of private cabins.
corporate property. [Diaz, Bus. Law [Sec. 63, PD 856]. Compare with Hotel.
Rev., 1991 Ed., p. 269].
Mother's milk. The breastmilk from the
Mortgagee. The person lending the newborn's own mother. [Sec. 3, RA
money and receiving the mortgage. 7600].
2001-2006]. Motion. Rem. Law. 1. An application for
relief other than by a pleading. It must
Mortgagee in possession. One who has be in writing except those made in open
lawfully acquired actual or constructive court or in the course of a hearing or
possession of the premises mortgaged trial. A motion shall state the relief
to him, standing upon his rights as sought to be obtained and the grounds
mortgagee and not claiming under upon which it is based, and if required
another title, for the purpose of by the Rules of Court or necessary to
enforcing his security upon such prove facts alleged therein, shall be
property or making its income help to accompanied by supporting affidavits
pay his debt. [Diaz v. De Mendezona, 48 and other papers. [Sec. 1-3, Rule 15,
Phil. 666, 669]. RoC]. 2. An application made to a court
or judge which requests a ruling or
Mortgagor. The person who concedes a order in favor of the applicant. [Glossary
mortgage as security upon his property. of Legal Terms (Pro-Se), 2004].
2001-2006]. Motion day. Rem. Law. Except for
motions requiring immediate action, all
Most-favored-nation clause or motions shall be scheduled for hearing
treatment. Intl. Law. 1. That granted on Friday afternoons, or if Friday is a
by one country to another not less non-working day, in the afternoon of
favorable than that which has been or the next working day. [Sec. 7, Rule 15,
may be granted to the most favored RoC].
among the countries. [Sandoval, Pol.
Law Reviewer 2003]. 2. It is intended to Motion ex parte. Rem. Law. A motion
establish the principle of equality of made to the court in behalf of one or
international treatment by providing that the other of the parties to the action, in
the citizens or subjects of the the absence and usually without the
contracting nations may enjoy the knowledge of the other party or parties.
privileges accorded by either party to [Claridades, A., Compilation of Notes,
those of the most favored nation. 2001-2006].
[Comm. of Internal Revenue v. SC
Johnson and Son, 309 SCRA 87, June Motion for new trial. Rem. Law.
25, 1999]. Requisites: (a) That the evidence was
discovered after the trial; (b) that such
Most guilty. Crim. Law. The highest evidence could not have been
degree of culpability in terms of discovered and produced at the trial
participation in the commission of the even with the exercise of reasonable
offense, and not necessarily the severity diligence; and (c) that it is material, not
of the penalty imposed. [People v. merely corroborative or impeaching; and
Ocimar, GR 94555. Aug. 17, 1992]. of such weight that it could probably
change the judgment if admitted.
Most significant relationship [People v. de la Cruz, 207 SCRA 632,
doctrine. Intl. Law. Doctrine that 641 (1992); People v. Ducay, 225 SCRA
courts should apply the law of the state 1, 18 [1993]; People v. David, 230 SCRA
that has the closest and most real 541, 547 (1994)].
connection with the dispute. [Intl. Law

409
Motion for reconsideration. Rem. Law. has no legal capacity to sue; (e) that
A motion which is in the category of a there is another action pending between
litigated motion which requires a notice the same parties for the same cause; (f)
of hearing and proof of service. A that the cause of action is barred by a
remedy which an aggrived party may prior judgment or by the statute of
resort in law to point out defects or limitations; (g) that the pleading
errors in decision. [Morenos Law Dict., asserting the claim states no cause of
2000 Ed., p. 300]. action; (h) that the claim or demand set
forth in the plaintiff's pleading has been
Motion in limine. Rem. Law. A motion paid, waived, abandoned, or otherwise
made by counsel requesting that extinguished; (i) that the claim on which
information which might be prejudicial the action is founded is unenforceable
not be allowed to be heard in a case. under the provisions of the statute of
[Glossary of Legal Terms (Pro-Se), frauds; and (j) that a condition
2004]. precedent for filing the claim has not
been complied with. [Sec. 1, Rule 16,
Motion of course. Rem. Law. A motion RoC].
where the movant is entitled to relief or
remedy sought as a matter of discretion Motion to quash. Rem. Law. A motion in
on the part of the court. [Claridades, A., writing signed by the accused or his
Compilation of Notes, 2001-2006]. counsel specifying distinctly its factual
and legal grounds and the court shall
Motion picture. A series of pictures consider no grounds other than those
projected in a screen in rapid stated in the motion, except lack of
succession, with objects shown in jurisdiction over the offense charged.
successive positions slightly changed so [Sec. 2, Rule 117, RoC].
as to produce the optical effect of a
continuous picture in which the objects Motion to quash. Rem. Law. Grounds.
move, whether the picture be black and The accused may move to quash the
white or colored, silent or with complaint or information on any of the
accompanying sound, on whatever following grounds: (a) that the facts
medium and with whatever mechanism charged do not constitute an offense;
or equipment they are projected, and in (b) that the court trying the case has no
whatever material they are preserved or jurisdiction over the offense charged (c)
recorded for instant projection, for the that the court trying the case has no
purpose of PD 1986, the material in jurisdiction over the person of the
which the motion picture is contained, accused; (d) that the officer who has
preserved, or recorded, forms an filed the information had no authority to
integral part of the motion picture do so; (e) that it does not conform
subject of PD 1986. [Sec. 10, PD 1986]. substantially to the prescribed form; (f)
that more than one offense is charged
Motion to dismiss. Rem. Law. A motion except when a single punishment for
which is generally interposed before trial various offenses is prescribed by law;
to attack the action on the basis of (g) that the criminal action or liability
insufficiency of the pleading, of process, has been extinguished; (h) that it
venue, joinder, etc. [Blacks Law Dict., contains averments which, if true, would
Abr. 5th Ed. (1983), p. 526]. constitute a legal excuse or justification;
and (i) that the accused has been
Motion to dismiss. Rem. Law. Grounds. previously convicted or acquitted of the
Within the time for but before filing the offense charged, or the case against
answer to the complaint or pleading him was dismissed or otherwise
asserting a claim, a motion to dismiss terminated without his express consent.
may be made on any of the following [Sec. 3, Rule 117, RoC].
grounds: (a) That the court has no
jurisdiction over the person of the Motion to reopen. Rem. Law. A motion
defending party; (b) that the court has which may properly be presented only
no jurisdiction over the subject matter after either or both parties have formally
of the claim; (c) that venue is offered, and closed their evidence, but
improperly laid; (d) That the plaintiff before judgment. Unlike a motion for

410
new trial, it is not specifically mentioned road or thoroughfare with engine

and prescribed as a remedy by the running. [Sec. 3, RA 8750].
Rules of Court. [Alegre v. Reyes, GR L-
56923. May 9, 1988]. MOU. Memorandum of Understanding.
Motive. Crim. Law. 1. The special or Movable property. 1. The following

personal reason which may prompt or things are deemed to be personal
induce a person to perform the act property: (a) Those movables
constituting a crime. [Bagajo v. Marave, susceptible of appropriation which are
GR L-33345. Nov. 20, 1978, citing not included in the Art. 415 of the Civil
Padilla, Crim. Law, Rev. Penal Code, Code; (b) real property which by any
Annotated, 9th Ed., 1964, p. 41]. 2. The special provision of law is considered as
moving power which impels one to act personal property; (c) forces of nature
for a definite result, as distinguished which are brought under control by
from intent which is the purpose to use science; and (d) in general, all things
a particular means to effect such result. which can be transported from place to
[Bagajo v. Marave, GR L-33345. Nov. place without impairment of the real
20, 1978, citing People v. Molineux, 168 property to which they are fixed. 2. The
N.Y. 264, 297; 61 N.E. 286, 296; 62 following are also considered as
L.RA 193]. personal property: (a) Obligations and
actions which have for their object
Motorist. The driver of a motor vehicle. movables or demandable sums; and (b)
[Sec. 3, RA 8750]. shares of stock of agricultural,
commercial and industrial entities,
Motor vehicle. 1. Both private and public although they may have real estate.
motor vehicle. The term shall not [Arts. 416 & 417, CC].
include the tricycle and motorcycle.
[Sec. 3, RA 8750]. 2. Any vehicle Move in the premises resolution. It is
propelled by any power other than not a license to occupy or enter the
muscular power using the public roads, premises subject of litigation especially
but excluding road rollers, trolley cars, in cases involving real property. The
street-sweepers, sprinklers, lawn resolution simply means what is stated
mowers, bulldozers, graders, fork-lifts, therein: the parties are obliged to
amphibian trucks, and cranes if not used inform the court of developments
on public roads, vehicles which run only pertinent to the case which may be of
on rails or tracks, and tractors, trailers, help to the court in its immediate
and traction engines of all kinds used disposition. [Oliveras v. Lopez, GR L-
exclusively for agricultural purposes. 29727. Dec. 14, 1988].
[Sec. 131, RA 7160]. 3. Any vehicle
propelled by any power other than Moving boundaries rule. Intl. Law.
muscular power using the public Legal rule that the treaties of a state
highways, but excepting road rollers, absorbing new territory become
trolley cars, street-sweepers, sprinklers, effective within that territory. [Intl. Law
lawn mowers, bulldozers, graders, fork- Dict. & Direct., 2004].
lifts, amphibian trucks, and cranes if not
used on public highways, vehicles, MTC. Municipal Trial Court.
which run only on rails or tracks, and
tractors, trailers and traction engines of MTCC. Municipal Trial Court in Cities.
all kinds used exclusively for agricultural
purposes. Trailers having any number of Mt. Pinatubo Assistance,
wheels, when propelled or intended to Resettlement and Development
be propelled by attachment to a motor Fund. RA 7637 entitled An Act
vehicle, shall be classified as separate appropriating the sum of ten billion
motor vehicle with no power rating. pesos for the aid, relief, resettlement,
[Sec. 2, RA 6539]. rehabilitation and livelihood services as
well as infrastructure support for the
Motor vehicle of running engine. A victims of the eruption of Mt. Pinatubo,
vehicle operating and standing on any creating the Mt. Pinatubo Assistance,
Resettlement and Development

411
Commission, and for other purposes Mumble. To utter words in a low,

enacted on Sep. 24, 1992. confused, indistinct manner. [Morenos
Law Dict., 2000 Ed., pp. 301-302].
Multi-family dwelling. A dwelling on
one lot containing separate living units Municipal certificate of canvass of
for 3 or more families, usually provided votes. A document containing the total
with common access, services, and use votes in words and in figures obtained
of land. [Sec. 3, BP 220]. by each candidate in a municipality.
[Sec. 2, RA 8046].
Multilateral treaty. Treaty between
more than two states. [Intl. Law Dict. & Municipal corporations. See Local
Direct., 2004]. government units.
Multinational company. A foreign firm Municipal fisherfolk. Persons who are

or entity engaged in international trade directly or indirectly engaged in
with affiliates or subsidiaries or branch municipal fishing and other related
offices in the Asia-Pacific Region and fishing activities. [Sec. 4, RA 8550].
other foreign markets. [Sec. 25, NIRC,
as amended]. Municipal fishing or small-scale
fishing. 1. Fishing within municipal
Multinational enterprise. Business firm waters using fishing vessels of three (3)
operating branches, subsidiaries, or joint gross tons or less, or fishing not
ventures in two or more states. [Intl. requiring the use of fishing vessels.
Law Dict. & Direct., 2004]. [Sec. 4, RA 8550]. 2. Small scale fishing
utilizing fishing boats of three gross tons
Multiple appeals. Appeals in special or less or using gears not requiring the
proceedings where a number of appeals use of boats. [Sec. 3, PD 704; Sec. 3,
may be taken separately by different PD 43].
parties for different purposes. [Bench
Book for Trial Court Judges, p. 3-4]. Municipal ordinance. See Ordinance.
Multiple nationality. Intl. Law. The Municipal Telephone Act of 1989. RA

possession by an individual of more 6849 entitled An Act providing for the
than one nationality. It is acquired as a installation, operation, and maintenance
result of the concurrent application to of public telephones in each and every
him of the conflicting municipal laws of municipality in the philippines,
two or more states claiming him as their appropriating funds therefor and for
national. [Cruz, Intl. Law Reviewer, other purposes enacted on Feb. 8,
1996 Ed., pp. 102-103]. 1990.
Multiple-use. The harmonized utilization Municipal Trial Courts. The term, as

of the numerous beneficial uses of the used in the Rules of Court, shall include
land, soil, water, wildlife, recreation Metropolitan Trial Courts, Municipal Trial
value, grass and timber of forest lands. Courts in Cities, Municipal Trial Courts,
[Sec. 3, PD 705]. and Municipal Circuit Trial Courts. [Sec.
2, Rule 5].
Multipurpose cooperative. One which
combines two (2) or more of the Municipal waters. These include not
business activities of these different only streams, lakes, inland bodies of
types of cooperatives. [Art. 23, RA water and tidal waters within the
6938]. municipality which are not included
within the protected areas as defined
Multi-recidivism. See Habitual under RA 7586 (The NIPAS Law), public
delinquency. forest, timber lands, forest reserves or
fishery reserves, but also marine waters
Multi-recidivist. See Habitual included between two (2) lines drawn
delinquent. perpendicular to the general coastline
from points where the boundary lines of
the municipality touch the sea at low

412
tide and a third line parallel with the detachable wings effecting the capture
general coastline including offshore of fish by spreading the net in an arc
islands and fifteen (15) kilometers from form around reefs or shoals and with
such coastline. Where two (2) the aid of scaring devices, a cordon of
municipalities are so situated on fishermen drive the fish from the reefs
opposite shores that there is less than toward the bag portion of the whole
thirty (30) kilometers of marine waters net. [82 OG 48, 5052 Dec. 1, 1986;
between them, the third line shall be Fisheries Admin. Order No. 163, S.
equally distant from opposite shore of 1986].
the respective municipalities. [Sec. 4, RA
8550; Sec. 3, PD 704]. Musical instrument. A contrivance by
which musical sounds are produced.
Murder. Crim. Law. 1. The felony [Lazatin v. Comm. of Customs, GR L-
committed by any person who, not 19753. July 30, 1969, citing Webster's
falling within the provisions of Art. 246, New Int'l. Dict., p. 1288].
shall kill another, with any of the
following attendant circumstances: (a) Muslim. A person who testifies to the
with treachery, taking advantage of oneness of God and the Prophethood of
superior strength, with the aid of armed Muhammad and professes Islam. [Art.
men, or employing means to weaken 7, PD 1083].
the defense or of means or persons to
insure or afford impunity; (b) in Muslim law (Shari'a). All the
consideration of a price, reward, or ordinances and regulations governing
promise; (c) by means of inundation, Muslims as found principally in the
fire, poison, explosion, shipwreck, Qur'an and the Hadith. [Art. 7, PD
stranding of a vessel, derailment or 1083].
assault upon a street car or locomotive,
fall of an airship, by means of motor Muslim personal laws. All laws relating
vehicles, or with the use of any other to personal status, marriage and
means involving great waste and ruin; divorce, matrimonial and family
(d) on occasion of any of the calamities relations, succession and inheritance,
enumerated in the preceding paragraph, and property relations between spouses
or of an earthquake, eruption of a as provided for in the Code of Muslim
volcano, destructive cyclone, epidemic Personal Laws of the Philippines. [Art. 7,
or other public calamity; (e) With PD 1083].
evident premeditation; (f) With cruelty,
by deliberately and inhumanly Must. A word the use of which is
augmenting the suffering of the victim, imperative and operates to impose a
or outraging or scoffing at his person or duty which may be enforced.
corpse. [Art. 248, RPC]. 2. The felony [Claridades, A., Compilation of Notes,
committed by a person who kills another 2001-2006].
in consideration of a price, reward, or
promise. [People v. Alincastre, 40 SCRA Mutatis mutandis. Lat. For the same
391, 408, Aug. 30, 1971, citing US v. reasons. [US v. Ponte, GR 5952. Oct.
Maharaja Alim, 38 Phil. 1 (1918)]. 24, 1911].
Murder. Elements: (a) That a person was Mutilation. Crim. Law. 1. The felony
killed; (b) that the accused killed him; committed by any person who shall
(c) that the killing was attended by any intentionally mutilate another by
of the qualifying circumstances depriving him, either totally or partially,
mentioned in Art. 248 of the Rev. Penal or some essential organ of reproduction.
Code; and (d) the killing is not parricide [Art. 262, RPC]. 2. Cutting off or
or infanticide. [People v. Cabiles, GR permanently destroying a limb or an
115216. July 5, 1996, citing Reyes, The essential part thereof. [People v. Borce,
Rev. Penal Code, 13th Ed., p. 424]. GR 124131. Apr. 22, 1998, citing
Webster's 3rd New Intl. Dict.]. 3. In its
Muro-ami or drive-in-net. A Japanese criminal law concept, one that would
fishing gear used in reef fishing which deprive a person of the use of any of
consists of a movable bagnet and two those limbs which may be useful to him

413
in fight, the loss of which amounts to portfolio. [Blacks Law Dict., Abr. 5th Ed.
mayhem. [People v. Borce, GR 124131. (1983), p. 531].
Apr. 22, 1998, citing Black's Law Dict.,
6th Ed., p. 1020]. Mutuality of contracts. 1. The principle
ordained in Art. 1308 of the Civil Code
Mutilation of coins; importation and that the contract must bind both
utterance of mutilated coins. Crim. contracting parties and that its validity
Law. The felony committed by any or compliance cannot be left to the will
person who shall mutilate coins of the of one of them. 2. In order that
legal currency of the Philippines or obligations arising from contracts may
import or utter mutilated current coins, have the force of law between the
or in connivance with mutilators or parties, there must be mutuality
importers. [Art. 164, RPC]. between the parties based on their
essential equality. A contract containing
Mutiny. Unlawful resistance to a superior a condition which makes its fulfillment
officer, as the raising of commotions dependent exclusively upon the
and disturbances on board a ship uncontrolled will of one of the
against the authority of its commander. contracting parties, is void [Garcia v.
[Gregorio, Fund. of Crim. Law Rev., Legarda, 21 SCRA 555].
1997 9th Ed., p. 372, citing Bouviers
Law Dict.]. Compare with Piracy. Mutual wills. Wills executed pursuant to
an agreement between two or more
Mutual assent. A meeting of the minds; persons to dispose of their property in a
agreement. [Glossary of Legal Terms particular manner, each in consideration
(Pro-Se), 2004]. of the other. [Jurado, Comments &
Jurisp. on Succession, 1991 8th Ed., p.
Mutual benefit association. Ins. Any 104, citing 57 Am. Jur. Sec. 681, p.
society, association or corporation, 459].
without capital stock, formed or
organized not for profit but mainly for Mutuum. Also Simple loan. A contract
the purpose of paying sick benefits to of loan whereby one of the parties
members, or of furnishing financial delivers to another money or other
support to members while out of consumable thing, upon the condition
employment, or of paying to relatives of that the same amount of the same kind
deceased members of fixed or any sum and quality shall be paid. [Art. 1933,
of money, irrespective of whether such CC]. Compare with Commodatum.
aim or purpose is carried out by means
of fixed dues or assessments collected Myocardial. Pertaining to muscular
regularly from the members, or of tissue of the heart. [Pa-ac v. Itogon-
providing, by the issuance of certificates Suyoc Mines, GR L-35800. July 23,
of insurance, payment of its members of 1987].
accident or life insurance benefits out of
such fixed and regular dues or Myocardial infarct. A region of dead or
assessments, but in no case shall dying tissue in the muscle of the heart
include any society, association, or which is the result of an obstruction to
corporation with such mutual benefit the blood circulation, usually by a clot.
features and which shall be carried out [Pa-ac v. Itogon-Suyoc Mines, GR L-
purely from voluntary contributions 35800. July 23, 1987, citing Schmitt,
collected not regularly and or no fixed Atty.s Dict. of Med. and Word Finder,
amount from whomsoever may (1965), p. 531].
contribute. [Sec. 390, IC].
Mutual fund. An investment company

that raises money by selling its own
stock to the public and investing the
proceeds in other securities, with the
value of its stock fluctuating with its
experience with the securities in its

414
-N-
Nagpapabuwis. Tag. Lessor.
2001-2006].
Namamaga. Tag. Swollen. [People v.

Ruello, GR 104737-38. Oct. 26, 1994].
Name. That word or combination of

words by which a person is
distinguished from others and which he
bears as the label or appellation for the
convenience of the world at large in
addressing him, or in speaking of or
dealing with him. [Yu v. Rep., GR L-
20874. May 25, 1966, citing 38 Am. Jur.
595].
Name hire. A worker who is able to

secure employment overseas on his own
without the assistance or participation of
any agency or entity. [Sec. 1, Rule 1,
IRR of LC].
Namimintol. Tag. Catching talangka

(small crabs) [using bintols (bamboo-
and-net devices)]. [People v. Rejano,
GR 105669-70. Oct. 18, 1994].
Namumuwisan. Tag. Lessee.

2001-2006].
Narcissism. Legal Med. Extreme

admiration of ones self. Sexual
gratification attained by merely looking
at the mirror and appreciating ones
own self. [Olarte, Legal Med., 1st Ed.
(2004), p. 117].
Narcotic drug. 1. Any drug which

produces insensibility, stupor,
melancholy or dullness of mind with
delusions and which may be habit-
forming, and shall include opium, opium
derivatives and synthetic opiates. [Sec.
2, RA 6425]. 2. A drug that produces a
condition of insensibility and melancholy

415
dullness of mind with delusions and may Paraaque, Pasig and Valenzuela, and
be habit-forming. [Art. 190, RPC]. the municipalities of Navotas, Pateros,
San Juan and Taguig. [Claridades, A.,
Narration of facts. A recital of things Compilation of Notes, 2001-2006].
accomplished, of deeds, occurrence or
happening. [People v. Tugbang, GR National coaches and trainers.
76212. Apr. 26, 1991]. Coaches and trainers who are Filipino
citizens, members of the national
Nation. A group or race of people that coaches and trainers pool, recognized
share history, traditions and culture. and accredited by the PSC and who
States may be comprised of one or have represented the country as official
several nations. It is common English to coaches and trainers to national athletes
use the word Nation when referring to in international competitions. [Sec. 3,
what is known in law as States. RA 9064].
National Commission on Indigenous
National anthem. The musical Peoples (NCIP). The primary
arrangement and composition of Julian government agency responsible for the
Felipe adopted as the national anthem formulation and implementation of
of the Philippines. It shall be sung or policies, plans and programs to
played upon the opening or start of all recognize, protect and promote the
state celebrations or gatherings and on rights of Indigenous Cultural
such other occasions as may be Communities/Indigenous Peoples
prescribed by appropriate rules and (ICCs/IPs). [Sec. 4, RA 8371].
regulations. [Sec. 13, EO 292].
National cultural treasure. A unique
National Apprenticeship Act. RA 1826, object found locally, possessing
as amended. [Expressly repealed by the outstanding historical, cultural, artistic
Labor Code]. and/or scientific value which is highly
significant and important to this country
National athletes. Athletes who are and nation. [Sec. 3, RA 4846].
Filipino citizens, members of the
national training pool, recognized and National drug formulary. See
accredited by the Philippine Olympic Essential drugs list.
Committee (POC) and the Philippine
Sports Commission (PSC) and who have National Electrification
represented the country in international Administration (NEA). The
competitions. [Sec. 3, RA 9064]. government agency created under PD
269, as amended, and whose additional
National Blood Services Act of 1994. mandate is further set forth in RA 9136.
RA 7719 entitled An Act promoting [Sec. 4, RA 9136].
voluntary blood donation, providing for
an adequate supply of safe blood, National Electrification
regulating blood banks, and providing Administration Decree. PD 269
penalties for violation thereof enacted entitled creating the National
on May 5, 1994. Electrification Administration as a
corporation, prescribing its powers and
National Building Code of the activities, appropriating the necessary
Philippines. PD 1096 entitled funds therefor and declaring a national
Adopting a National Building Code of policy objective for the total
the Philippines thereby revising Republic electrification of the philippines on an
Act Numbered Sixty-Five Hundred Forty area coverage service basis, the
One enacted on Feb. 19, 1977. organization, promotion and
development of electric cooperatives to
National Capital Region (NCR). The attain the said objective, prescribing
region that covers the cities of terms and conditions for their
Kalookan, Manila, Pasay, Quezon, Las operations, the repeal of Republic Act
Pias, Makati, Malabon, Mandaluyong, No. 6038, and for other purposes
Marikina, Muntinlupa, Navotas, signed into law on Aug. 6, 1973.

416
systems, to preserve genetic diversity,

National Employment Service Law. to ensure sustainable use of resources
RA 761. [Expressly repealed by the found therein, and to maintain their
Labor Code]. natural conditions to the greatest extent
possible. [Sec. 4, RA 7586].
National flag. The flag of the Philippines
which shall be red, white and blue, with National Internal Revenue Code. PD
a sun and three stars, as consecrated 1158 entitled A Decree to consolidate
and honored by the people and and codify all the internal revenue laws
recognized by law. [Sec. 12, EO 292]. of the Philippines signed into law on
June 3, 1977. See Tax Reform Act of
National government. The entire 1997.
machinery of the central government, as
distinguished from the different forms of National irrigation system (NIS). A
local governments. [Sec. 2, RA 7656]. major irrigation system managed by the
National Irrigation Administration. [Sec.
National government projects. All 4, RA 8435].
current and future national government
infrastructure, engineering works and Nationality. Intl. Law. Membership in a
service contracts, including projects political community with all its
undertaken by government-owned and concomitant rights and obligations. It is
controlled corporations, all projects a tie that binds an individual to his
covered by RA 6957, as amended by RA state, from which he can claim
7718, otherwise known as the Build- protection and whose laws he is obliged
Operate-and-Transfer Law, and other to obey. [Cruz, Intl. Law Reviewer, 1996
related and necessary activities such as Ed., p. 102]. Compare with
site acquisition, supply and/or Citizenship.
installation of equipment and materials,
implementation, construction, Nationality of the claim. Intl. Law.
completion, operation, maintenance, Suits brought in international tribunals
improvement, repair and rehabilitation, on behalf of a private person may be
regardless of the source of funding. made only by the person's national
[Sec. 2, RA 8975]. state. [Intl. Law Dict. & Direct., 2004].
National health insurance program. Nationality principle. Intl. Law. 1.

The compulsory health insurance Doctrine that a court has criminal
program of the government as jurisdiction if the defendant is a national
established in RA 7875, as amended, of the forum state. 2. Doctrine that a
which shall provide universal health state may tax the worldwide income of
insurance coverage and ensure its nationals. [Intl. Law Dict. & Direct.,
affordable, acceptable, available and 2004].
accessible health care services for all
citizens of the Philippines. [Sec. 1, RA Nationality principle. Taxation.
9241]. Domiciliary principle.
National information network (NIN). Nationality rule. Laws relating to family

An information network which links all rights and duties, or to the status,
offices and levels of the DA with various condition and legal capacity of persons
research institutions and local end- are binding upon citizens of the
users, providing easy access to Philippines, even though living abroad.
information and marketing services [Art. 15, CC].
related to agriculture and fisheries. [Sec.
4, RA 8435]. Nationality rule. Exception: Where a
marriage between a Filipino citizen and
National integrated protected areas a foreigner is validly celebrated and a
systems (NIPAS). The classification divorce is thereafter validly obtained
and administration of all designated abroad by the alien spouse capacitating
protected areas to maintain essential him or her to remarry, the Filipino
ecological processes and life-support spouse shall have capacity to remarry

417
under Philippine law. [Art. 26, par. 2, Philippines, as the Constitution could
FC, as amended by EO 227]. have very well used the term natural
resources, but also to the cultural
Nationality theory. The theory that heritage of the Filipinos. [Manila Prince
jurisdiction over the status of a natural Hotel v. GSIS, GR 122156. Feb. 3,
person is determined by the latter's 1997]. See Patrimony.
nationality. [Ellis v. Rep., GR L-16922.
Apr. 30, 1963]. See Domiciliary National Power Corporation (NPC).
theory. The government corporation created
under RA 6395, as amended. [Sec. 4,
Nationalization. The acquisition by a RA 9136].
state of property previously held by
private persons or companies usually in National reserve areas. Areas which
exchange for some consideration. [Intl. have been included in any Exploration
Law Dict. & Direct., 2004]. or Exploitation concession but which
have been subsequently given up by the
Nationalization law. Also concessionaire voluntarily or in
Filipinization law. One which limits a accordance with the requirement of
certain economic activity, or the Arts. 50 and 53 of RA 387; or areas
exercise or enjoyment of a certain right, covered by Exploration or Exploitation
franchise, privilege, property or business concession which have expired or have
only to Filipino citizens, or to been cancelled; or areas which have
corporations or associations at least a been included within any of the two
certain percentage of the capital of kinds of concession but which are found
which is owned by Filipino citizens. to be in excess the maximum areas
[Martin, Commentaries and Jurisp. on allowed by RA 387 for such concessions.
Comml. Laws, Vol. 1, 1988 Rev. Ed., p. [Art. 15, RA 387].
543].
National service training program
National park. 1. A forest reservation (NSTP). A program aimed at enhancing
essentially of natural wilderness civic consciousness and defense
character which has been withdrawn preparedness in the youth by
from settlement, occupancy or any form developing the ethics of service and
of exploitation except in conformity with patriotism while undergoing training in
approved management plan and set any of its three (3) program
aside as such exclusively to conserve components. Its various components
the area or preserve the scenery, the are specially designed to enhance the
natural and historic objects, wild animals youth's active contribution to the
and plants therein and to provide general welfare. [Sec. 3, RA 9163].
enjoyment of these features in such
areas. [Sec. 4, RA 7586]. 2. A forest National standard of care. Intl. Law.
land reservation essentially of primitive Doctrine that a state must treat aliens in
or wilderness character which has been the same way that it treats its own
withdrawn from settlement or nationals. [Intl. Law Dict. & Direct.,
occupancy and set aside as such 2004].
exclusively to preserve the scenery, the
natural and historic objects and the wild National territory. It comprises the
animals or plants therein, and to provide Philippine archipelago, with all the
enjoyment of these features in such a islands and waters embraced therein,
manner as will leave them unimpaired and all other territories over which the
for future generations. [Sec. 3, PD 705]. Philippines has sovereignty or
jurisdiction, consisting of its terrestrial,
National party. A party the constituency fluvial, and aerial domains, including its
of which is spread over the geographical territorial sea, the seabed, the subsoil,
territory of at least a majority of the the insular shelves, and other submarine
regions. [Sec. 3, RA 7941]. areas. The waters around, between, and
connecting the islands of the
National patrimony. The term refers archipelago, regardless of their breadth
not only to the natural resources of the and dimensions, form part of the

418
internal waters of the Philippines. [Art. en las mayores crecidas ordinarias."

I, 1987 Phil. Const.]. [Hilario v. City of Manila, GR L-19570.
Apr. 27, 1967].
National Transmission Corporation
(TRANSCO). The corporation organized Natural biotic area. An area set aside to
to acquire all the transmission assets of allow the way of life of societies living in
the NPC pursuant to RA 9136. harmony with the environment to adopt
to modern technology at their pace.
National treatment. A tenet of [Sec. 4, RA 7586].
international trade agreements whereby
nations must afford imported goods the Natural-born citizens. Those who are
same treatment that they afford citizens of the Philippines from birth
domestic or "national" products (no without having to perform any act to
discrimination). [LawInfo Legal acquire or perfect their Philippine
Dictionary (2005)]. citizenship. [Sec. 2, Art. IV, 1987 Phil.
Const.].
National union or federation. Any
labor organization with at least ten (10) Natural children. Children born outside
locals or chapters each of which must wedlock of parents who, at the time of
be a duly recognized collective the conception of the former, were not
bargaining agent. [Sec. 1, Rule 1, Book disqualified by any impediment to marry
5, IRR of LC]. each other. [Claridades, A., Compilation
of Notes, 2001-2006]. Compare with
Native-born citizen. One who was born Spurious children.
in a country in which he is a citizen.
[Suarez, Pol. Law Reviewer, 1st Ed., Natural children by legal fiction.
2002, p. 252]. Children conceived or born of marriages
which are void from the beginning.
Native title. Pre-conquest rights to lands [Claridades, A., Compilation of Notes,
and domains which, as far back as 2001-2006].
memory reaches, have been held under
a claim of private ownership by Natural fruits. The spontaneous
Indigenous Cultural products of the soil, and the young and
Communities/Indigenous Peoples other products of animals. [Art. 442,
(ICCs/IPs), have never been public CC].
lands and are thus indisputably
presumed to have been held that way Natural gas. Gas obtained from
since before the Spanish Conquest. boreholes and wells and consisting
[Sec. 4, RA 8371]. primarily of hydrocarbons. [Sec. 3, PD
87].
Natural appropriation. The occurrence
whereby private lands have been Natural history specimens. Live or
invaded by the waters or waves of the preserved specimens of plants and
sea and converted into portions of the animals, fossils, rocks and minerals.
shore or beach. [Morenos Law Dict., Only types, presently irreplaceable
2000 Ed., p. 305]. specimens, and those in danger of
extinction shall be embraced in RA
Natural bed or basin of lakes. The 4846. [Sec. 3, RA 4846].
ground covered by their waters when at
their highest ordinary depth. [Rep. v. Naturalism. Theory that international
Alagad, GR 66807. Jan. 26, 1989, citing law is superior to the law of individual
Spanish Law of Waters (1866)] states and normative. [Intl. Law Dict. &
Direct., 2004].
Natural bed. Also Channel (of a creek
or river). The ground covered by its Naturalization. Process by which a
waters during the highest (ordinary) person acquires nationality after birth
floods. The original Spanish text reads: and becomes entitled to privileges of
"Alveo a cauce natural de un arroyo y citizenship. [Glossary of Legal Terms
rio es el terreno que cubren sus aguas (Pro-Se), 2004].

419
Natural person. A human being. [Intl.

Naturalized citizen. One who acquires Law Dict. & Direct., 2004].
his Philippine citizenship after birth by
any one of the modes allowed by law. Natural product. Those foods that grow
[Suarez, Pol. Law Reviewer, 1st Ed., spontaneously in nature whether or not
2002, p. 376]. they are tended by man. It also refers
to foods that have been prepared from
Natural justice. A word used to refer to grains, vegetables, fruits, nuts, meats,
situations where audi alteram partem fish, eggs, honey, raw milk, and the like,
(the right to be heard) and nemo judex without the use or addition of additives,
in parte sua (no person may judge their preservatives, artificial colors and
own case) apply. The principles of flavors, or manufactured chemicals of
natural justice were derived from the any sort after harvest or slaughter. [Sec.
Romans who believed that some legal 4, RA 8423].
principles were natural or self-evident
and did not require a statutory basis. Natural resources. Life-support systems
[Duhaime's Legal Dict., 2004]. such as the sea, coral reefs, soil, lakes,
rivers, streams, and forests as well as
Natural law. The law which derives its useful products found therein such as
force and authority from God. It is minerals, wildlife, trees and other
superior to other laws. It is binding to plants, including the aesthetic attributes
the whole world, in all countries and at of scenic sites that are not man-made.
all times. [Suarez, Stat. Con., (1993), p. [Sec. 3, RA 7611].
37].
Natural support. Support which extends
Natural monument. A relatively small only to what are absolutely necessary
area focused on protection of small for subsistence. [Morenos Law Dict.,
features to protect or preserve 2000 Ed., pp. 306-307].
nationally significant natural features on
account of their special interest or Nautical mile. A unit of linear measure
unique characteristics. [Sec. 4, RA equal to 6,080 feet (1,853.2 meters).
7586]. [Morenos Law Dict., 2000 Ed., p. 306].
Natural obligations. Obligations which, Naval architecture and marine

not being based on positive law but on engineering, practice of. The practice
equity and natural law, do not grant a shall embrace services in the form of
right of action to enforce their plans, specifications, estimates, or
performance, but after voluntary supervision of the construction,
fulfillment by the obligor, they authorize alteration; or structural survey of any
the retention of what has been delivered floating vessel or equipment, self-
or rendered by reason thereof. [Art. propelled or otherwise; plans or layouts,
1423, CC]. Compare with Civil specifications, estimates or supervision
obligations. of the installation of marine power
plants and associated equipments
Natural oleochemical. Chemicals including screw propeller, paddle wheel
derived from processing plant-based and Voith-Schneider propeller, or any
natural oils such as but not limited to other means of transmitting power from
coconut, palm, palm kernel, sunflower, the main propulsion engine (s) to the
and rapeseed. [Sec. 2, RA 8970]. buoyant fluid; marine auxiliaries,
including refrigeration, air conditioning,
Natural park. A relatively large area not ventilation, and heating plants and
materially altered by human activity equipments and hull machineries;
where extractive resources uses are not management, maintenance or operation
allowed and maintained to protect of any shipyard, graving dock, marine
outstanding natural and scenic areas of slipways, and any facility for the
national or international significance for salvage, repair or maintenance of
scientific, educational and recreational floating vessels or equipments. [Sec. 2,
use. [Sec. 4, RA 7586]. RA 4565].

420
Navigable air space. Air space above 307]. 3. It frequently imports no more
the minimum altitudes of flight than that one thing is convenient, or
prescribed by regulations issued under useful or essential to another,
RA 776. [Sec. 3, RA 776]. [McCulloch v. Maryland, 4 Wheat (US)
414, 4 L. Ed. 579].
Navigable river. A river that is floatable,
that is, a river admitting floats. And, Necessary deposit. Civ. Law. A deposit
thus a floatable stream is considered a (a) made in compliance with a legal
navigable stream. [Macatangay v. Sec. obligation; or (b) which takes place on
of Public Works and Comm., GR L- the occasion of any calamity, such as
21673. May 16, 1966, citing 64 CJS 50]. fire, storm, flood, pillage, shipwreck, or
It has been ruled that a river with a other similar events. [Art. 1996, CC].
depth of 1 foot at low tide is evidently Compare with Voluntary deposit.
navigable at high tide for vessels of
deeper draft of 1 foot and at low tide for Necessary expenses. 1. Civ. Law.
navigable to those of 1 foot drafts, Those made for the preservation of the
thereby applying floatability as the norm property or thing upon which they have
of navigability under RA 2056 [Villongco been expended. [Santos v. De Guzman,
v. Moreno, L-17240, Jan. 31, 1962]. GR L-11406. Apr. 26, 1961]. Compare
with Useful expenses. 2. Taxation.
Navigable waters. 1. The waters of the The expenditures appropriate and
Philippines, including the territorial sea helpful in the development of the
and inland waters which are presently, taxpayers business. [Atlas Consolidated
or be in the future susceptible for use Mining & Devt. Corp. v. Comm. of Int.
by watercraft. [Sec. 3, PD 979]. 2. All Rev., GR L-26911. Jan. 27, 1981, citing
navigable portions of the seas, Martens, Law of Federal, Income
estuaries, and inland waterways. [Sec. Taxation, Vol. IV, p. 315]. Compare with
3, PD 857]. Ordinary expenses.
Navigation of aircraft or navigating Necessary implication doctrine. Stat.

aircraft. Piloting of aircraft. [Sec. 3, RA Con. A rule of statutory construction
776]. which provides that every statute is
understood, by implication, to contain all
Near contact fire. The phrase implies a such provisions as may be necessary to
distance of not more than three inches effectuate its object and purpose, or to
between the wound and the muzzle of make effective rights, powers, privileges
the firearm. [Austria v. People, GR or jurisdiction which it grants, including
83530. Dec. 18, 1990]. Compare with all such collateral and subsidiary
Contact fire. consequences as may be fairly and
logically inferred from its terms. [Chua
Nearest of kin. The person whose v. CSC, GR 88979, Feb. 7, 1992, 206
interest in the estate is more SCRA 65, and cited cases therein].
preponderant. [Morenos Law Dict.,
2000 Ed., p. 306]. Necessary means. The phrase merely
signifies that one crime is committed to
Necessaries. Those indispensable for facilitate and insure the commission of
sustenance, dwelling, clothing and the other. [Aquino, Rev. Penal Code,
medical attendance. It also includes Vol. I, 1987 Ed., p. 624, citing Dissent,
education. [Torres, Oblig. & Cont., 2000 Montemayor, J., Amado Hernandez, 99
Ed., p. 352]. Phil. 515].
Necessary. 1. Reasonably convenient. Necessary parties. Those whose

[Alabama & Ry. Co. v. Odeneal, 73 Miss. presence is necessary to adjudicate the
34, 19 South, 202]. 2. This word has whole controversy, but whose interests
great flexibility of meaning. It is used to are so far separable that a final decree
express mere convenience, or that can be made in their absence without
which is indispensable to the affecting them. [Seno v. Mangubat, GR
accomplishment of a purpose. [St. L-44339. Dec. 2, 1987].
Louis, J & CR. Co. v. Trustee, 42 III.

421
Necessary party. A party who is not facts in the pleading responded to which
indispensable but who ought to be are not squarely denied. It is in effect
joined as a party if complete relief is to an admission of the averment it is
be accorded as to those already parties, directed to. [61A Am. Jur. 2d, Pleadings
or for a complete determination or 172-173; Galofa v. Nee Bon Sing, 22
settlement of the claim subject of the SCRA 48 (1968); Tamayo v. Callejo, 46
action. [Sec. 8, Rule 3, RoC]. Compare SCRA 27 (1972)].
with Indispensable party.
Negative testimony. It is when the
Necessity theory. The theory that the witness says that he did not see or
power to tax is an attribute of know of the factual occurrence. [Tanala
sovereignty. It is a power emanating v. NLRC, GR 116588. Jan. 24, 1996].
from necessity. It is a necessary burden Compare with Positive testimony.
to preserve the State's sovereignty and
a means to give the citizenry an army to Neglect. 1. The failure to do what can be
resist an aggression, a navy to defend done and what is required to be done.
its shores from invasion, a corps of civil [Coronado v. Sandiganbayan, GR 94955.
servants to serve, public improvements Aug. 18, 1993, citing West's Legal
designed for the enjoyment of the Thesaurus/Dict., 1986]. 2. Careless or
citizenry and those which come within unintentional failure to exercise
the State's territory, and facilities and diligence in the performance of official
protection which a government is duty and including willful neglect or
supposed to provide. [Phil. Guaranty Co. misfeasance involving failure in the
v. Comm. of Int. Rev., GR L-22074. Apr. performance of legal duties. [Manual on
30, 1965]. Definitions of Admin. Offenses in the
Civil Service, Oct. 2004, p. 5, citing
Necrophilia. Legal Med. A sexual Words & Phrases, Vol. 27 (1955)].
perversion characterized by erotic desire
or coitus with a cadaver. [Olarte, Legal Neglected child. A child whose basic
Med., 1st Ed. (2004), p. 114]. needs have been deliberately
unattended or inadequately attended.
Negative defense. The specific denial of [Art. 141, PD 603]. Compare with
the material fact or facts alleged in the Abandoned child and Dependent
complaint, essential to the plaintiff's child.
cause or causes of action. [Sec. 5, Rule
6, RoC]. Compare with Affirmative Neglect of duty. Also Non-feasance. 1.
defense. The omission or refusal, without
sufficient excuse, to perform an act or
Negative easement. An easement duty, which was the officer's legal
which prohibits the owner of the obligation to perform. [Sec. 8, PD 971].
servient estate from doing something 2. Failure to give due attention,
which he could lawfully do if the especially to the performance of a task
easement did not exist. [Art. 616, CC]. or duty, a designed refusal, indifference
Compare with Positive easement. or unwillingness to perform ones duty.
[Magallanes v. Prov. Board, 66 OG
Negative evidence. Evidence where the 7839].
witness states that he did not see or
know the occurrence of a fact. Negligence. 1. The omission of that
[Francisco, Evidence, Vol. VII, Part 1, diligence which is required by the nature
1997 Ed., p. 4]. Compare with Positive of the obligation and corresponds with
evidence. the circumstances of the persons, of the
time and of the place. [Art. 1173, CC].
Negative freedom of association. 2. The omission to do something which
Labor. The right not to join a labor a reasonable man, guided by those
union. [Poquiz, Labor Rel. Law, 1999 considerations which ordinarily regulate
Ed. p. 101]. the conduct of human affairs, would do,
or the doing of something which a
Negative pregnant. A denial pregnant prudent and reasonable man would not
with the admission of the substantial do. [Layugan v. IAC, GR 73998. Nov.

422
14, 1988]. 3. The failure to observe for Negotiability, words of. Nego. Inst.
the protection of the interests of The words which the instrument in must
another person, that degree of care, contain in order to be considered
precaution, and vigilance which the negotiable i.e., must be payable to
circumstances justly demand, whereby 'order' or 'bearer.' [Salas v. CA, GR
such other person suffers injury. [Cooley 76788. Jan. 22, 1990].
on Torts, 4th Ed., vol. 3, 265].
Negotiable document of title. A
Negligence per se. Conduct defined by document of title in which it is stated
statute as automatically constituting that the goods referred to therein will
negligence. [Intl. Law Dict. & Direct., be delivered to the bearer, or to the
2004]. order of any person named in such
document. [Art. 1507, CC].
Negligence test. The test for
determining whether a person is Negotiable instrument. 1. A written
negligent in doing an act whereby injury contract for the payment of money
or damage results to the person or which by its form and on its face is
property of another is this: Would a intended as a substitute for money and
prudent man, in the position of the passes from hand to hand as money, so
person to whom negligence is as to give the holder in due course the
attributed, foresee harm to the person right to hold the instrument and collect
injured as a reasonable consequence of the sum for himself. [Suggested answer
the course about to be pursued. If so, to Bar 1946; 1949, cited in Miravite, Bar
the law imposes a duty on the actor to Review Materials in Comm. Law, 12th
refrain from that course or to take Ed., (2002), p. 63]. 2. A written
precaution against its mischievous document which, when properly
results, and the failure to do so executed and delivered, can be used as
constitutes negligence. Reasonable a means of exchange and credit in place
foresight of harm, followed by the of money. [Torres, Oblig. & Cont., 2000
ignoring of the admonition born of this Ed., p. 352].
prevision, is the constitutive fact in
negligence. [Picart v. Smith, GR L- Negotiable instrument. Requisites: (a)
12219. Mar. 15, 1918]. It must be in writing and signed by the
maker or drawer; (b) must contain
Negotiability. That attribute of property an unconditional promise or order to
whereby a bill or note or check may pay a sum certain in money; (c) must
pass from hand to hand similar to be payable on demand, or at a fixed or
money, so as to give the holder in due determinable future time; (d) must be
course, the right to hold the instrument payable to order or to bearer; and (e)
and to collect the sum payable for where the instrument is addressed to a
himself free from defenses. [Claridades, drawee, he must be named or otherwise
A., Compilation of Notes, 2001-2006]. indicated therein with reasonable
certainty. [Sec. 1, NIL].
Negotiability. Requisites: An instrument
to be negotiable must conform to the Negotiable Instruments Law. Act
following requirements: (a) It must be 2031 which took effect on June 2, 1911,
in writing and signed by the maker or and is patterned after the US Uniform
drawer; (b) must contain an Negotiable Instruments Law, which in
unconditional promise or order to pay a turn is copied from the English Bill of
sum certain in money; (c) must be Exchange Act of 1882. [Miravite, Bar
payable on demand, or at a fixed or Review Materials in Comm. Law, 12th
determinable future time; (d) must be Ed., (2002), p. 63]
payable to order or to bearer; and (e)
where the instrument is addressed to a Negotiable note. A chose in action, or
drawee, he must be named or otherwise evidence of the right of the real owner.
indicated therein with reasonable [Morenos Law Dict., 2000 Ed., p. 308].
certainty. [Sec. 1, NIL].
Negotiable receipt. A receipt in which it
is stated that the goods received will be

423
delivered to the bearer or to the order Negotiations. Intl. Law. 1. The first
of any person named in such receipt. steps taken in the settlement of
[Sec. 5, Act 2137]. See Non- international disputes. It is nothing
negotiable receipt. more than the discussion by the parties
themselves of their respective claims
Negotiate. To communicate on a matter and counterclaims with a view to their
of disagreement between two parties, just and orderly adjustment. [Cruz, Intl.
with a view to first listen to the other Law Reviewer, 1996 Ed., p. 120]. 2. The
party's perspective and to then attempt preliminary discussions leading up to the
to arrive at a resolution by consensus. adoption of an agreement. [Intl. Law
[Duhaime's Legal Dict., 2004]. Dict. & Direct., 2004].
Negotiated purchase. The procurement Negotiorum gestio. The voluntary

of supplies without public bidding administration of the abandoned
undertaken for the purpose. [IRR on business or property belonging to
Supply & Prop. Mgt., per Sec. 383, another without the consent of the
LGC]. latter. [Torres, Oblig. & Cont., 2000 Ed.,
p. 285].
Negotiated sale. A sale without public
bidding undertaken for the purpose. Negotiorum gestio. Requisites: (a) It
[IRR on Supply & Prop. Mgt., per Sec. must refer to definite affairs; (b) the
383, LGC]. business or property must be
abandoned or neglected; (c) there is no
Negotiating bank. A correspondent express or implied authority from the
bank which buys or discounts a draft owner; (d) the negotiorum gestor or
under the letter of credit. Its liability is officious manager must have been
dependent upon the stage of the moved by honest intention to protect
negotiation. If before negotiation, it has the interest of the owner; (e) there is no
no liability with respect to the seller but prohibition from the owner; (f) the
after negotiation, a contractual business or property is susceptible of
relationship will then prevail between compiled without mandatum (order).
the negotiating bank and the seller. [Torres, Oblig. & Cont., 2000 Ed., p.
[Feati Bank & Trust Co. v. CA, GR 286].
94209. Apr. 30, 1991, citing Scanlon v.
First National Bank of Mexico, 162 N.E. Negotiorum gestor. Also Officious
567 (l928)]. manager. The person who assumed
the voluntary administration of the
Negotiation. Civ. Law. The period from abandoned business or property
the time the prospective contracting belonging to another without the
parties indicate interest in the contract consent of the latter. [Torres, Oblig. &
to the time the contract is concluded Cont., 2000 Ed., p. 285].
(perfected). [Ang Yu v. CA, GR 109125.
Dec. 2, 1994]. Compare with Nemo bis punitur pro eodem delicto.
Perfection and Consummation. Lat. No man is punished twice for the
same fault or offense. [Mallari v. People,
Negotiation. Nego. Inst. 1. The transfer GR L-58886. Dec. 13, 1988].
of an instrument from one person to
another in such manner as to constitute Nemo contra factum suum venire
the transferee the holder thereof. If potest. Lat. No man can contradict his
payable to bearer, it is negotiated by own act or deed. [Morenos Law Dict.,
delivery; if payable to order, it is 2000 Ed., p. 308].
negotiated by the indorsement of the
holder completed by delivery. [Sec. 30, Nemo cum alterius detrimento
NIL]. 2. The process of submission and locupletari potest. Lat. No one shall
consideration of offers until an enrich himself at the expense of
acceptable offer is made and accepted. another. [Santos v. CA, GR 100963. Apr.
[Glossary of Legal Terms (Pro-Se), 6, 1993].
2004].

424
Nemo dare potest quod non habet.

Lat. One cannot give what he never had Nemo potest esse simul actor et
before. [Vda. De Reyes v. CA, GR judex. Lat. No man can be at once a
92436. July 26, 1991]. litigant and judge. [Corona v. CA, GR
97356. Sep. 30, 1992].
Nemo dat quod non habet. Lat. No one
can give what he does not have. Nemo potest nisi quod de jure
[Mercado v. CA, GR 108592. Jan. 26, potest. Lat. No man can do anything
1995]. except what he can do lawfully.
[Traders Royal Bank v. CA, GR 93397.
Nemo debet bis puniri pro uno Mar. 3, 1997].
delicto. Lat. No person can be twice
put in this peril for the same offense. Nemo tenetur ad impossibile. Lat. The
[People v. Vergara, GR 101557-58. Apr. law obliges no one to perform an
28, 1993]. impossibility. [Prov. of Cebu v. IAC, GR
72841. Jan. 29, 1987].
Nemo debet bis vexari et eadem
causa. Lat. No person should be vexed Neovascular glaucoma. It is classified
twice for the same cause. [Allied as secondary glaucoma caused by
Banking Corp. v. CA, GR 108089. Jan. another eye disease or injury. [Hatta
10, 1994]. Hataie v. ECC, GR 92803. Mar. 22,
1991].
Nemo debet bis vexari pro uno
cadeve causa. Lat. No man shall be Nephritis. An acute, diffuse inflammation
twice vexed for one and the same of the glomeruli or kidneys. It usually
cause. [Morenos Law Dict., 2000 Ed., p. follows previous streptoccocal infection
309]. mostly in the upper respiratory tract.
[Clemente v. GSIS, GR L-47521. July 31,
Nemo debet esse judex in propria 1987].
causa. Lat. No one can be a judge in
his own cause. [Filipino Metals Corp. v. Nepos neptisve. Sp. Grandson or
Ople, GR L-43861. Sep. 4, 1981]. See granddaughter. [Barretto v. Tuason, GR
Nemo judex in parte sua. 23923. Mar. 23, 1926].
Nemo ex alterius incommodo debet Nepotism. The prohibition on all

lecupletari. Lat. No man ought to be appointments in the national, provincial,
made rich out of another's injury. city and municipal governments or in
[Security Bank & Trust Co. v. CA, GR any branch or instrumentality thereof,
117009. Oct. 11, 1995]. including government-owned or
controlled corporations, made in favor of
Nemo judex in parte sua. Lat. No a relative of the appointing or
person may judge their own case. A recommending authority, or of the chief
fundamental principle of natural justice of the bureau or office, or of the
which states that no person can judge a persons exercising immediate
case in which he is party. [Claridades, supervision over him. The word Relative
A., Compilation of Notes, 2001-2006]. and members of the family referred to
May also be called Nemo judex in sua are those related within the third degree
causa or nemo debet esse judex in either or consanguinity or of affinity.
propria causa. [Sec. 59, Book V, EO 292].
Nemo judex in sua causa. Lat. Nobody Net appraised value. See Sound
should judge his own cause. [Duhaime's value.
Legal Dict., 2004].
Net assets. The property, plant and
Nemo plus juris ad alium transferre equipment as reflected in the audited
potest quam ipse habet. Lat. No man financial statement of the contractor net
can transfer to another a right or title of depreciation, as computed for tax
greater than he himself possesses. purposes, excluding appraisal increase

425
and construction in progress. [Sec. 3, Authority in order to ensure the efficient

RA 7942]. utilization of land for agriculture and
agro-industrial development and
Net asset value. The amount of assets promote sustainable growth. The
exceeding the liabilities as differentiated NPAAAD covers all irrigated areas, all
from total assets which include the irrigable lands already covered by
liabilities. [Adamson v. CA, GR 106879. irrigation projects with firm funding
May 27, 1994]. commitments; all alluvial plain land
highly suitable for agriculture whether
Net book value. This is computed by irrigated or not; agro-industrial
deducting accumulated depreciation on croplands or lands presently planted to
cost from historical cost. [RCPI v. Natl. industrial crops that support the viability
Wages Council, GR 93044. Mar. 26, of existing agricultural infrastructure and
1992]. agro-based enterprises, highlands, or
areas located at an elevation of five
Net capital gain. The excess of the hundred (500) meters or above and
gains from sales or exchanges of capital have the potential for growing semi-
assets over the losses from such sales temperate and high-value crops; all
or exchanges. [Sec. 39, NIRC, as agricultural lands that are ecologically
amended]. fragile, the conversion of which will
result in serious environmental
Net capital loss. The excess of the degradation, and mangrove areas and
losses from sales or exchanges of fish sanctuaries. [Sec. 4, RA 8435].
capital assets over the gains from such
sales or exchanges. [Sec. 39, NIRC, as Net worth. The difference between total
amended]. assets and total liabilities. [Sec. 4, PD
379].
Net earnings. Income derived from
whatever source, whether exempt or Neutrality. Intl. Law. The status of a
subject to tax, net of deductions allowed State refraining from participation in
under Sec. 29 of the National Internal war. [Coquia and Santiago, Intl. Law, 3rd
Revenue Code, as amended, and Ed. (1998), p. 620].
income tax and other taxes paid
thereon, but in no case shall any reserve New and material evidence. Requisites
for whatever purpose be allowed as a as a ground for new trial: (a) that the
deduction from net earnings. [Sec. 2, evidence was discovered after the trial;
RA 7656]. (b) that such evidence could not have
been discovered and produced at the
Net income. Gross business/professional trial even with the exercise of
income less allowable deductions, (a) reasonable diligence; and (c) that such
including personal and additional evidence is material, not merely
exemptions, or (b) including only basic cumulative, corroborative or
personal exemption (when allowed in impeaching, and is of such weight that,
the case of non-resident aliens engaged if admitted, it will probably change the
in trade or business or the exercise of a judgment [People v. de la Cruz, 207
profession in the Philippines); or (c) SCRA 632 (1992), citing SCRA
without both personal and additional Comments on the Rules of Court, Vol. 4,
exemptions (as to such non-resident 1980 Ed., 340-341].
aliens. [De Leon, Fundamentals of
Taxation, 2000 Ed., p. 96]. Compare Newborn. A child from the time of
with Gross income. complete delivery to 30 days old.
Network of Protected Areas for 2001-2006].
Agricultural and Agro-industrial
Development (NPAAAD). Agricultural Newborn screening. The process of
areas identified by the DA through the collecting a few drops of blood from the
Bureau of Soils and Water Management newborn onto an appropriate collection
in coordination with the National card and performing biochemical testing
Mapping and Resource Information

426
for determining if the newborn has a public bulletin or catalogue. [Sec. 1,

heritable condition. [Sec. 4, RA 9288]. Rule II, PD 451].
Newborn screening center. A facility New industry participants. New

equipped with a newborn screening participants in a particular sub-sector of
laboratory that complies with the the downstream oil industry with
standards established by the National investments and initial business
Institute of Health (NIH) and provides operations commencing after Jan. 1,
all required laboratory tests and 1994. [Sec. 4, RA 8479].
recall/follow-up programs for newborns
with heritable conditions. [Sec. 4, RA Newly-discovered evidence. Evidence
9288]. which could not have been discovered
prior to the trial in the court below by
Newborn screening reference center. the exercise of due diligence and which
The central facility at the National is of such character as would probably
Institute of Health (NIH) that defines change the result. [Navarra v. CA, GR
testing and follow-up protocols, 86237. Dec. 17, 1991].
maintains an external laboratory
proficiency testing program, oversees Newly-discovered evidence.
the national testing database and case Requisites: (a) The evidence had been
registries, assists in training activities in discovered after trial; (b) the evidence
all aspects of the program, oversees could not have been discovered and
content of educational materials and produced during trial even with the
acts as the Secretariat of the Advisory exercise of reasonable diligence; and,
Committee on Newborn Screening. [Sec. (c) the evidence is material and not
4, RA 9288]. merely corroborative, cumulative or
impeaching and is of such weight that if
New cause of action. One materially admitted would probably alter the
different from, or in addition to, that result. [Tumang v. CA, GR 82072, 17
first advanced or such as permits a Apr. 1989, 172 SCRA 328; Velasco v.
more onerous judgment against Ortiz, GR 51973, 16 Apr. 1990, 184
defendant that could before have been SCRA 303].
rendered against him. [Morenos Law
Dict., 2000 Ed., p. 310]. New product. A consumer product which
incorporates a design, material or form
New drugs. 1. Any drug the composition of energy exchange which has not
of which is such that said drug is not previously been used substantially in
generally recognized among experts consumer products and as to which
qualified by scientific training and there exists a lack of adequate
experience to evaluate the safety, information to determine the quality and
efficacy and quality of drugs as safe, safety of such product if used by the
efficacious and of good quality for use consumers. [Art. 4, RA 7394].
under the conditions prescribed,
recommended, or suggested in the News. All events and items of information
labeling thereof; or (b) any drug the which are out of the ordinary humdrum
composition of which is such that said routine, and which have that indefinable
drug, as a result of its previous quality of information which arouses
investigations to determine its safety, public attention. [Ayer Prods. Pty. Ltd. v.
efficacy and good quality for use under Capulong, GR L-82380. Apr. 29, 1988].
certain conditions, has become so
recognized but which has not, otherwise Newspaper of general circulation. A
than in such investigations, been used newspaper published for the
to a material extent or for a material dissemination of local news and general
time under new conditions. [Art. 4, RA information; that it has a bona fide
7394]. subscription list of paying subscribers;
that it is published at regular intervals.
New fees or charges. Those which are [Basa v. Mercado, GR 42226. July 26,
imposed by new schools or by existing 1935].
schools which are not included in their

427
New trial. The rehearing of a case elements are taken into account: (a)
already decided by the court but before When it facilitated the commission of
the judgment thereon becomes final and the crime; or (b) When especially
executory, whereby errors of law or sought for by the offender; or (c) When
irregularities are expunged from the offender took advantage thereof for the
record, or new evidence is introduced or purpose of impunity. [US v. Billedo, 32
both steps are taken. [Claridades, A., Phil. 574; People v. Matbagon, 60 Phil.
Compilation of Notes, 2001-2006]. 887].
New York Convention. The United NIH. National Institute of Health. [Sec. 4,
Nations Convention on the Recognition RA 9288].
and Enforcement of Foreign Arbitral
Awards approved in 1958 and ratified by Nitrate test. See Paraffin test.
the Philippine Senate under Senate
Resolution No. 71. [Sec. 3, RA 9285]. No-contest clause. Language in a will
that provides that a person who makes
Next of kin. 1. Those persons who are a legal challenge to the will's validity will
entitled under the statute of distribution be disinherited. [Glossary of Legal
to the decedent's property. [Gabriel v. Terms (Pro-Se), 2004].
CA, GR 101512. Aug. 7, 1992, citing
Cooper v. Cooper, 43 Ind. A 620, 88 NE Nocturnity. An aggravating circumstance
341]. 2. A relative or a responsible under Art. 14 (6) of the Rev. Penal Code
friend with whom the minor or when it is purposely and deliberately
incompetent lives. [IRR, Sec. 16(a) of sought by the accused to facilitate the
PD 1508]. 3. The nearest blood relative commission of the crime [People v.
of a deceased. The expression has come Alcala, 46 Phil. 739], or to prevent their
to describe those persons most related being recognized or to insure
to a dead person and therefore set to unmolested escape. [US v. Billedo, 32
inherit the deceaseds property. Phil. 575]. Nocturnidad must concur
[Duhaime's Legal Dict., 2004]. with the intent and design of the
offender to capitalize on the intrinsic
Nieto. Sp. Grandson. The son of the son. impunity afforded by the darkness of
Used with respect to the grandfather. night. [People v. Leyles, L-15300, May
The term is also used by extension to 29, 1964].
include the word descendant in a given
line to the third, fourth and successive No-fault indemnity. The payment of
generations. [Barretto v. Tuason, GR any claim for death or injury to any
23923. Mar. 23, 1926, citing Diccionario passenger or third party pursuant to the
de la Legislacion Espaola, Vol. 8, p. provisions of Chap. VI of the Ins. Code
373]. (PD 612) without the necessity of
proving fault or negligence of any kind.
Night shift differential. Payment of not [Sec. 378, IC].
less than ten percent of an employees
regular wage for each hour of work No-fault indemnity clause. A clause
performed between ten o'clock in the found in an insurance policy under
evening and six o'clock in the morning. which any claim for death or injury of
[Art. 86, LC]. any passenger or third party shall be
paid without the necessity of proving
Nighttime (obscuridad). That period of fault or negligence of any kind.
darkness beginning at the end of dusk [Suggested Answer for the 1994 Bar,
and ending at dawn. [People v. Codilla, UPLC, (2002), p. 107].
GR 100720-23. June 30, 1993, citing
Reyes, Rev. Penal Code. 12th Ed., 353, Nolle prosequi. Lat. Will no further
Vol. I (1981)]. prosecute. The withdrawal or dismissal
of an information addressed solely to
Nighttime and uninhabited place. The the sound and judicious discretion of the
aggravating circumstances under Art. 14 court which has the option to grant or
(6) of the Rev. Penal Code which may deny it. [Galvez v. CA, GR 114046. Oct.
be considered, provided the following 24, 1994].

428
other. [Rule on Pleadings and the Law

Nolo contendere. Lat. I will not defend of Evidence].
it. 1. Used primarily in criminal
proceedings whereby the defendant Non-apparent easements. Those
declines to refute the evidence of the easements which show no external
prosecution. In some jurisdictions, this indication of their existence. [Art. 615,
response by the defendant has same CC].
effect as a plea of guilty. [Duhaime's
Legal Dict., 2004]. 2. A Latin phrase Non-bank financial intermediary. A
meaning "I will not contest it." A plea in financial intermediary, as defined in Sec.
a criminal case which does not require 2(D)(c) of RA 337, as amended,
the defendant to admit guilt, but the otherwise known as the General
defendant does not contest the facts on Banking Act, authorized by the Bangko
which the charge is based. Some judges Sentral ng Pilipinas (BSP) to perform
refuse to accept such pleas in criminal quasi-banking activities. [Sec. 22, NIRC,
cases. [Jurists Legal Dict., 2004]. as amended].
Nominal damages. 1. These damages Non-belligerency. Intl. Law. Sometimes

are adjudicated in order that a right of used instead of the term neutrality to
the plaintiff, which has been violated or describe the status of a State which did
invaded by the defendant, may be not take part in military operations, but
vindicated or recognized, and not for which did not observe the duties of a
the purpose of indemnifying the plaintiff neutral. It is a status mid-way between
for any loss suffered by him. [Art. 2221, a neutral and a belligerent, which is not
CC]. 2. Small and trivial sums awarded recognized in international law. [Coquia
for a technical injury due to a violation and Santiago, Intl. Law, 3rd Ed. (1998),
of some legal right and as a p. 621.
consequence of which some damages
must be awarded to determine the Non bis in idem. Lat. Not twice for the
right. [Torres, Oblig. & Cont., 2000 Ed., same. The rule on double jeopardy
p. 332, citing 17 CJ, p. 714]. found in Sec. 22, Art. IV, Bill of Rights
(of the 1987 Const.) [Esmea v. Pogoy,
Nominal partner. A person who is GR L-54110, Feb. 20, 1981].
actually not a partner but is held out or
represented as a partner. [Diaz, Bus. Non-competitive bidding. A bidding
Law Rev., 1991 Ed., p. 189]. where there is only one participating
bidder and, hence, falls short of the
Nominate contracts. They are contracts requirement. There would, in fact, be no
with specific names or designation in bidding at all since, obviously, the lone
law. E.g., sale. [Diaz, Bus. Law Rev., participant cannot compete against
1991 Ed., p. 61]. Compare with himself. [Danville Maritime, Inc. v. COA,
Innominate contracts. GR 85285. July 28, 1989, citing
Fernandez, Treatise on Govt. Contracts
Non-academic personnel. All other under Phil. Law, p. 63].
school personnel not falling under the
definition and coverage of teaching and Non-complying bid. A bid which does
academic staff, school administrators not comply with the advertised
and academic non-teaching personnel. descriptions and specifications. [IRR on
[Sec. 6, BP 232]. Supply & Prop. Mgt., per Sec. 383,
LGC].
Non allegata non probata. Lat. That
which is not alleged cannot be proved. Non compos mentis. Lat. Not of sound
This is an exclusionary rule in the Law mind. 1. It indicates that a person does
of evidence that a party who fails to not have the ability, due to his mental
allege a fact in his pleadings may not condition, to know the nature of his act.
also be allowed to prove it, if the party [Torres, Oblig. & Cont., 2000 Ed., p.
objecting thereto be not thereby given a 352]. 2. Not of sound mind; insane.
chance to prove the contrary of what [Jurists Legal Dict., 2004].
was not alleged but proved by the

429
Non-consumables. Those things whose and the same law shall prevail.
use according to their nature does not [Compagnie Franco-Indochinoise v.
destroy the substance of the thing nor Deutsch-Australische Dampschiffs, GR
cause their loss to the owner. Money in 13954. Jan. 17, 1919].
coin is a non-consumable thing.
[Tolentino, Civil Code of the Phil., Vol. Non-establishment clause. Const. Law.
II, Repr. 2001, p. 27]. A provision in the 1897 Phil. Constitution
that no law shall be made respecting
Non-conventional energy resources. an establishment of religion, or
Those energy resources in which the prohibiting the free exercise thereof.
conversion or utilization technology for [Sec. 5, Art. III, 1987 Const.].
large-scale (megawatt level)
applications are not as well-developed Non est factum. Lat. Not his deed. A
and/or widely use as those for fossil special defense in contract law to allow
fuels, hydrogeothermal and a person to avoid having to respect a
conventional nuclear. In general, these contract that he signed because of
resources would include the direct and certain reasons such as a mistake as to
indirect forms of solar, tidal nuclear the kind of contract. For example, a
converter and breeder reactors and person who signs away the deed to a
fusion. [Sec. 2, PD 1068]. house, thinking that the document
signed was only a guarantee for another
Non-Convention award. A foreign person's debt, might be able to plead
arbitral award made in a State which is non est factum in a court and on that
not a Convention State. [Sec. 3, RA basis get the court to void the contract.
9285]. [Duhaime's Legal Dict., 2004].
Non-Convention state. A state that is Non-exclusive exploration permit. A

not a member of the New York permit which grants to the permittee the
Convention. [Sec. 3, RA 9285]. non-exclusive right to conduct
geological or geophysical exploration on
Non-cumulative preferred shares. specified areas. [Art. 10, RA 387].
Corp. Law. Those which entitle the
holders merely to the payment of Non-expendable supplies or property
current dividends but not back or non-consumable supplies or
dividends, before holders of common property. Articles which are not
shares are paid. [Diaz, Bus. Law Rev., consumed in used and which ordinarily
1991 Ed., p. 249]. Compare with retain their original identity during the
Cumulative preferred shares. period of use, such as weapons,
vehicles, machines, tools, and
Non debeo meliores esse conditions instruments. [IRR on Supply & Prop.
quam auctor neus, a quo jus ad ge Mgt., per Sec. 383, LGC].
transit. Lat. The successor cannot be in
a better condition than his predecessor. Nonfeasance. Not doing something that
[Quijano v. Cabale, 49 Phil. 367, citing a person should be doing. [Duhaime's
Escriche's Dict., title Successor]. Legal Dict., 2004]. Compare with
Malfeasance and Misfeasance. See
Non-degree programs. All post also Neglect of duty.
secondary vocational or technical
courses, not otherwise covered by Non-formal education. Any organized,
degree requirements. [Sec. 1, PD 932]. systematic educational activity carried
Compare with Degree programs. outside the framework of the formal
system to provide selected types of
Non erit alia lex Romae, alia Athenis; learning to a segment of the population.
alia nunc, alia posthac; sed et apud [Sec. 4, RA 9155].
omnes gentes et omne tempore
una eademque lex obtinebit. Lat. Non-fungibles. Those which have their
There shall not be one law at Rome, own individuality and do not admit of
another at Athens; one now, another substitution. [Tolentino, Civil Code of
hereafter; but among all nations one the Phil., Vol. II, Repr. 2001, p. 28].

430
purpose, or would be distributed by a

Non-governmental organization court to another organization to be used
(NGO). 1. An agency, institution, a in such manner as in the judgment of
foundation or a group of persons whose said court shall best accomplish the
purpose is to assist peoples general purpose for which the dissolved
organizations/associations in various organization was organized. [Sec. 34,
ways including, but not limited to, NIRC, as amended].
organizing, education, training, research
and/or resource accessing. [Sec. 4, RA Non-interference doctrine. The
8550]. 2. A duly registered nonstock, judgment of a court of competent
nonprofit organization focusing on the jurisdiction may not be opened,
upliftment of the basic or disadvantaged modified or vacated by any court or
sectors of society by providing tribunal of concurrent jurisdiction.
advocacy, training, community [Mercado v. Ubay, GR L-35830, 24 July
organizing, research, access to 1990, 187 SCRA 719].
resources, and other similar activities.
[Sec. 3, RA 8425]. 3. A nonstock, Non-hearsay. Evid. A statement
nonprofit organization involved in introduced not for the purpose of
activities dealing with resource and proving the truth of the facts asserted
environmental conservation, therein but only the making of the
management and protection. [Sec. 3, statement and is admissible in evidence
RA 7942]. when the making of the statement is
relevant. [Claridades, A., Compilation of
Nongovernment organization. A Notes, 2001-2006]. Compare with
nonprofit domestic corporation: (a) Hearsay.
organized and operated exclusively for
scientific, research, educational, Non-irrigated lands. Agricultural lands
character-building and youth and sports which lack irrigation systems and are
development, health, social welfare, usually rain-fed. [Sec. 4, RA 7607].
cultural or charitable purposes, or a
combination thereof, no part of the net Non-joinder. When a person who should
income of which inures to the benefit of have been made a party to a legal
any private individual; (b) which, not proceedings has been forgotten or
later than the 15th day of the third omitted. This is usually addressed by
month after the close of the accredited asking the court to amend documents
nongovernment organizations taxable and include the forgotten party to the
year in which contributions are received, proceedings. [Duhaime's Legal Dict.,
makes utilization directly for the active 2004]. Compare with Misjoinder.
conduct of the activities constituting the
purpose or function for which it is Non liquet. Lat. It is not clear. [Locsin v.
organized and operated, unless an Valenzuela, GR 51333. Feb. 19, 1991].
extended period is granted by the
Secretary of Finance in accordance with Non-metallic deposits. All other
the rules and regulations to be deposits not covered by the definition of
promulgated, upon recommendation of Metallic deposits. [Sec. 18, PD 464].
the Commissioner of Internal Revenue;
(c) the level of administrative expense Non-metallic mineral. Mineral usually
of which shall, on an annual basis, having a dull luster, generally light-
conform with the rules and regulations colored, transmits light, usually gives
to be prescribed by the Secretary of either colorless or light colored streak
Finance, upon recommendation of the and where a non-metallic/component
Commissioner of Internal Revenue, but can be extracted/utilized for a profit.
in no case to exceed thirty percent [Sec. 4, DENR Admin. Order 95-23].
(30%) of the total expenses; and (d)
the assets of which, in the event Non mi ricordo answer. I cannot
of dissolution, would be distributed to recall answer to the question asked by
another nonprofit domestic corporation the investigator. [People v. Cruz, GR
organized for similar purpose or 69251. Sep. 13, 1989].
purposes, or to the state for public

431
Non-negotiable credits. Commercial areas. [Claridades, A., Compilation of

credits which are neither negotiable nor Notes, 2001-2006].
payable to bearer, are transferred by
assignment without need of consent of, Non-project employees. Those
but with notice to, the debtor, and for employed by a construction company
which the assignor thereof is liable for without reference to a particular project.
the legality of the credit and for his [Fernandez v. NLRC, GR 106090. Feb.
capacity as transferor, but not for the 28, 1994].
solvency of the debtor, unless there is
agreement to the contrary. [Art. 347- Non quieta movere. Lat. Do not disturb
348, Code of Commerce]. what has been settled. 1. The rule that
administrative decisions must end
Non-negotiable instrument. An sometime, as fully as public policy
instrument deemed as non-negotiable demands that finality be written on
because the holder thereof takes it judicial controversies. [Manila Electric
without prejudice to such rights or Co. v. Public Service Commission, 61
defenses as the registered owners or Phil., 456]. 1. The rule of non quieta
transferor's creditor may have under the movere prescribes that what was
law, except insofar as such rights or terminated should not be disturbed
defenses are subject to the limitations [Espiritu v. San Miguel Brewery, 63
imposed by the principles governing Phil., 615].
estoppel. [De los Santos v. McGrath, 96
Phil. 577]. Non-resident alien. An individual whose
residence is not within the Philippines
Non-negotiable receipt. A receipt in and who is not a citizen thereof. [Sec.
which it is stated that the goods 22, NIRC, as amended].
received will be delivered to the
depositor or to any other specified Non-resident citizen. (a) One who
person. [Sec. 4, Act 2137]. See establishes to the satisfaction of the
Negotiable receipt. Commissioner of Internal Revenue the
fact of his physical presence abroad with
Non-participating preferred shares. a definite intention to reside thereto; (b)
Corp. Law. Those that entitle the a citizen leaving the Philippines during
holders only to the stipulated preferred the taxable year to reside abroad, either
dividend and no more. [Diaz, Bus. Law as an immigrant or for employment on a
Rev., 1991 Ed., p. 249]. Compare with more or less permanent basis and
Participating preferred shares. contract workers whose contract of
employment are renewed from time to
Non-party participant. A person, other time within or during the taxable year
than a party or mediator, who under such circumstances as to require
participates in a mediation proceeding them to be physically present abroad
as a witness, resource person or expert. most of the time during the taxable
[Sec. 3, RA 9285]. year, shall be considered as a
nonresident for such taxable year with
Non-personal services. The term respect to the income he derived from
includes, but is not limited to, repairing, foreign sources from the date he
cleaning, redecorating, or rental of actually departed from the Philippines;
personal property and furnishing of (c) a citizen who has been previously
necessary repair parts or other supplies considered as non-resident citizen and
as part of the services performed. [IRR who arrives in the Philippines at any
on Supply & Prop. Mgt., per Sec. 383, time during the taxable year to reside
LGC]. permanently in the Philippines shall
likewise be treated as a non-resident
Non-point source. Any source of citizen for the taxable year in which he
pollution not identifiable as point source arrives in the Philippines with respect to
to include, but not be limited to, runoff his income derived from sources abroad
from irrigation or rainwater, which picks until the date of his arrival in the
up pollutants from farms and urban Philippines; or (d) the taxpayer shall
submit proof to the Commissioner of

432
Internal Revenue to show his intention can be no legal right as against the
of leaving the Philippines to reside authority that makes the law on which
permanently abroad or to return to and the right depends. [The Amer. Ins. Co.
reside in the Philippines as the case may v. Macondray & Co., Inc., GR L-24031.
be for purposes hereof. [Sec. 22, NIRC, Aug. 19, 1967, citing Kawananakao v.
as amended]. Polybank, 206 US 349]. 2. A doctrine
laid down under Sec. 2, Art. XVI of the
Non-resident foreign corporation. A 1987 Phil. Constitution which holds that
foreign corporation not engaged in trade the State may not be sued without its
or business within the Philippines. [Sec. consent. [Claridades, A., Compilation of
22, NIRC, as amended]. Notes, 2001-2006].
Non-self-executing treaty. Intl. Law. A Non sui juris. Lat. It means that a
treaty that requires states parties to person, not of legal age, does not have
enact enabling legislation before it legal capacity. [Torres, Oblig. & Cont.,
becomes effective domestically. [Intl. 2000 Ed., p. 352].
Nonsuit. Rem. Law. 1. The termination
Non-self-governing territory. Intl. of an action which do not adjudicate
Law. A territory under the control of a issues on the merits. [Lim Tanhu v.
colonial power. [Intl. Law Dict. & Ramolete, GR L-40098, 29 Aug. 1975,
Direct., 2004]. 66 SCRA 425]. 2. A judgment given
against plaintiff when he is unable to
Non servanti fidem, non est fides prove a case, or when he refuses or
servanda. Lat. A party (cannot) be held neglects to proceed to trial and leaves
bound to fulfill his promises when the the issue undetermined. [Metals
other violates his. [Univ. Food Corp. v. Engineering Resources Corp. v. CA, GR
CA, GR L-29155. May 13, 1970]. 95631, 28 Oct. 1991, 203 SCRA 273].
Non-stock corporation. One where no Non-suited party. Rem. Law. A party

part of its income is distributable as who fails to appear at a pre-trial
dividends to its members, trustees, or conference (and who) may be
officers, subject to the provisions of the considered as in default. [Insular Veneer
Corporation Code on dissolution: v. Plan, GR L-40155, Sep. 10, 1976, 73
Provided, That any profit which a non- SCRA 1].
stock corporation may obtain as an
incident to its operations shall, Non-theatrical distribution. (a) Public
whenever necessary or proper, be used showing of long and short motion
for the furtherance of the purpose or pictures through the use of mobile
purposes for which the corporation was projection equipment not imposing
organized, subject to the provisions of admission fee; (b) showing long or short
this Title. [Sec. 87, Corp. Code]. motion pictures to organizations,
societies, clubs, groups, etc. such as
Non-stock savings and loan films for children, educational,
association. A non-stock, non-profit documentary, cultural, scientific,
corporation engaged in the business of newsreel, industrial, sales, public
accumulating the savings of its relations, and instructional films. [Sec.
members and using such accumulations 10, PD 1986]. See Theatrical
for loans to members to service the distribution.
needs of households by providing long
term financing for home building and Non-traditional crops. Crops other than
development and for personal finance. rice, corn, coconut and sugar. [Sec. 4,
[Sec. 3, RA 8367]. RA 7900].
Non-suability of the State. 1. The Nonuser. 1. A neglect to use a privilege

principle that a sovereign is exempt or a right. [Sandiganbayan v. CA, GR
from suit, not because of any formal 118883. Jan. 16, 1998, citing Cyclopedic
conception or obsolete theory, but on Law Dict., 3rd Ed.]. 2. A neglect to
the legal and practical ground that there exercise an easement or an office.

433
[Sandiganbayan v. CA, GR 118883. Jan. interpreted in relation to, or given the

16, 1998, citing Black's Law Dict., 6th same meaning as, the words to which it
Ed.]. is associated. [Magtajas v. Pryce
Properties, GR 111097. July 20, 1994].
Non-voting share. Corp. Law. A share 2. The rule of law that holds that the
without right to vote. [De Leon, Corp. meaning of a contract is derived from
Code of the Phil. Annotated, 1989 Ed., reading it as a whole. Where parts of a
p. 61]. Compare with Voting share. contract contradict each other, a court
must restrict the meaning of, or reject,
Noontime. In the local interpretation, it the word or clause that does not adhere
is anytime from 9:00 am to 1:00 pm. to the general meaning of the contract,
[People v. Ausan, GR L-49728. July 15, namely the parties' intent. [Tetley,
1987]. Glossary of Conflict of Laws, 2004]. Also
known as the Doctrine of associated
No par value shares. Corp. Law. 1. words.
Shares without any stated value
appearing on the face of the certificate Notarial document. A document duly
of stock. It is a stock which does not acknowledged before a notary public. It
state how much money it represents. is a public document. A recital in the
[De Leon, Corp. Code of the Phil. certificate of acknowledgment is prima
Annotated, 1989 Ed., p. 60]. 2. Shares facie evidence of the fact that he was
which are without par value which may such an officer. [Herrera, Remedial Law,
be sold at whatever price the company's Vol. VI, 1999 Ed., p. 301].
board of directors decides. [Duhaime's
Legal Dict., 2004]. Compare with Par Notarial register. The register kept by
value shares. every notary public wherein record shall
be made of all his official acts as notary
No religious test clause clause. Const. and a certified copy of such record, or
Law. A provision in the 1897 Phil. any part thereof shall be supplied by
Constitution that no religious test shall him to any person applying for it and
be required for the exercise of civil or paying the legal fees therefor. [Sec.
political rights. [Sec. 5, Art. III, 1987 245, Art. V, Rev. Admin. Code].
Const.].
Notarial seal. The seal of office procured
Normal baseline. The low-water line by every person appointed to the
along the coast as marked on large- position of notary public which shall be
scale charts officially recognized by the affixed to papers officially signed by
coastal state. [Intl. Law Dict. & Direct., him. It shall be of metal and shall have
2004]. Compare with Straight the name of the province and the word
baseline. Philippines and the notarys name
engraved on the margin thereof, and
Normal baseline method. Intl. Law. A the words Notary Public across the
method employed in defining the center. [Sec. 244, Art. IV, Rev. Admin.
territorial sea under which the territorial Code].
sea is drawn from the low-water mark
of the coast (to the breadth claimed) Notarial will. A will duly acknowledged
following its sinuosities and curvatures by the testator and the witnesses before
but excluding the internal waters in bays a notary public, a public document
and gulfs. [Cruz, Intl. Law Reviewer, executed and attested through the
1996 Ed., p. 63]. Compare with intervention of the notary public and, as
Straight baseline method. such public document, evidence of the
facts in clear, unequivocal manner
Normal hours of work. The normal therein expressed. [Gabriel-Gonzalez v.
hours of work of any employee shall not CA, GR L-37453. May 25, 1979].
exceed eight in a day. [Art. 83, LC]. Compare with Holographic will.
Noscitur a sociis. Lat. Associated words. Notarization. Acknowledgement

1. A rule of statutory construction under executed by a notary public and
which a word or phrase should be appended to a private document which

434
converts such document into a public taken, has not been accepted or has not
one and renders it admissible in court been paid, and that the party notified is
without further proof of its authenticity expected to pay it. [State Investment
and upon which courts, administrative House, Inc. v. CA, GR 101163. Jan. 11,
agencies and the public at large must be 1993, citing Martin v. Browns, 75 Ala
able to rely. [Claridades, A., Compilation 442]. 2. Notice given by a holder or his
of Notes, 2001-2006]. agent to a party or parties secondarily
liable that the instrument was
Notary or notary public. 1. A public dishonored by non-acceptance by the
officer who attests or certifies deeds and drawee of a bill, or by non-payment by
other writings to make them authentic the acceptor of a bill, or by non-
and takes affidavits, depositions, and payment by the maker of a note.
protests of negotiable paper. [Title IV, [Claridades, A., Compilation of Notes,
Chapter II, Rev. Admin Code]. 2. A legal 2001-2006].
officer with specific judicial authority to
attest to legal documents usually with Notice of lis pendens. See Lis
an official seal. [Duhaime's Legal Dict., pendens notice.
2004].
Notice to creditors. A notice given by
Notary public, misconduct of. See the bankruptcy court to all creditors of a
Misconduct of notary public. meeting of creditors. [Glossary of Legal
Note verbale. Intl. Law. An unsigned
document which contains a resume of Notifying bank. A correspondent bank
diplomatic conversations. [Coquia and which assumes no liability except to
Santiago, Intl. Law, 3rd Ed. (1998), p. notify and/or transmit to the beneficiary
494]. the existence of the letter of credit.
[Feati Bank & Trust Co. v. CA, GR
Not guilty plea. Complete denial of guilt. 94209. Apr. 30, 1991].
In criminal cases, a necessary stage of
the proceedings required to preserve all Notoriety. The principal guide in
legal issues. [Jurists Legal Dict., 2004]. determining what facts may be assumed
to be judicially known. [State
Not guilty by reason of insanity. The Prosecutors v. Muro, AM RTJ-92-876.
(court) must determine that the Sep. 19, 1994, citing King v. Gallun, 109
defendant, because of mental disease or US 99, 27 L. ed. 870].
defect, could not form the intent
required to commit the offense. [Jurists Notoriously undesirable, test of
Legal Dict., 2004]. being. Whether it is common
knowledge or generally known as
Notice. Formal notification to the party universally believed to be true or
that has been sued in a civil case of the manifest to the world that a person
fact that the lawsuit has been filed. committed the acts imputed against
Also, any form of notification of a legal him, and whether he had contracted the
proceeding. [Glossary of Legal Terms habit for any of the enumerated
(Pro-Se), 2004]. misdemeanors. [San Luis v. CA, GR
80160. June 26, 1989].
Notice of appeal. An information, advice
or announcement where the appellant Notorious negligence. 1. It is
merely signifies that he is appealing to a something more than mere or
particular court a decision or resolution contributory negligence; it signifies a
rendered by the trial court. [Morenos deliberate act of the employee to
Law Dict., 2000 Ed., p. 314]. disregard his own personal safety. [Paez
v. WCC, L-18438, Mar. 30, 1963, 7
Notice of dishonor. 1. Bringing to the SCRA 588, 594]. 2. The term is
knowledge of the drawer or indorser of equivalent to "gross negligence" and
the instrument, either verbally or by consists in the failure to exercise even
writing, the fact that a specified slight care. [Caunan v. Compania
instrument, upon proper proceedings

435
General de Tabacos, 56 Phil. 542 validity of the new contract. [Tiu Siuco
(1932)]. v. Habana, GR 21106; 45 Phil. 707].
Notorious possession. Possession when Novatio non praesumitur. Lat. in the

it is so conspicuous that it is generally Roman Law jurisprudence, the principle
known and talked of by the public or the that novation is never presumed.
people in the neighborhood. [Dir. of [Reyes v. CA, GR 120817. Nov. 4,
Lands v. IAC, GR 68946. May 22, 1992, 1996].
citing Black's Law Dict., 5th Ed., 859].
Nuclear materials. Uranium, plutonium,
Notwithstanding. In spite of, even if, curium and other fissionable materials.
without regard to or impediment by [Sec. 2, RA 4095].
other things. [LawInfo Legal Dictionary
(2005)]. Nuda proprietas. Lat. Naked ownership.
Novation. 1. The extinguishment of an 2001-2006]. Compare with Domino
obligation by the substitution of that absoluto.
obligation with a subsequent one, which
terminates it, either by changing its Nudum pactum. Lat. 1. A contract
object or principal conditions or by without cause or consideration.
substituting a new debtor in place of the [Ocampo v. CA, GR 97442. June 30,
old one, or by subrogating a third 1994]. 2. A contract-law term which
person to the rights of the creditor. stands for those agreements which are
[Broadway Centrum v. Tropical Hut, GR without consideration, such as a
79642. July 5, 1993]. 2. Any change, unilateral undertaking, which may bind
substitution, or renewal of an obligation a person morally, but not under contract
with the intention of essentially law, in those jurisdictions which still
modifying the same. It does not operate require consideration. [Duhaime's Legal
as an absolute but only as a relative Dict., 2004].
extinction, because it creates a new one
in place of the old which is only Nuisance. 1. Any act, omission,
modified. [Diaz, Bus. Law Rev., 1991 establishment, business, condition of
Ed., p. 56]. Compare with property, or anything else which: (a)
Subrogation. injures or endangers the health or
safety of others; or (b) annoys or
Novation. Forms: (a) Expromision; and offends the senses; or (c) shocks, defies
(b) delegacion. [De Cortes v. or disregards decency or morality; or (d)
Venturanza, GR L-26058. Oct. 28, obstructs or interferes with the free
1977]. passage of any public highway or street,
or any body of water; or (e) hinders or
Novation. Kinds: (a) Real novation when impairs the use of property. [Art. 694,
the object or principal conditions are CC]. 2. Anything that works an injury,
changed; (b) personal novation when harm, or prejudice to an individual or
the person of the debtor is substituted the public, and will embrace everything
and/or when a third person is that endangers life or health, offends
subrogated in the rights of the creditor; the human senses, transgresses laws of
and (c) mixed novation when the object decency, or obstructs, impairs, or
and the debtor or creditor, or both the destroys the reasonable, peaceful, and
parties, are changed; it is a combination comfortable use of property. [Tan Chat
of real and personal novations. [Diaz, v. Mun. of Iloilo, GR 39810. Aug. 31,
Bus. Law Rev., 1991 Ed., p. 56]. 1934, citing Words & Phrases, Vol. 5, 3rd
series, p. 499]. 3. Excessive or unlawful
Novation. Requisites: (a) There must be use of one's property to the extent of
a previous valid obligation; (b) there unreasonable annoyance or
must be an agreement of the parties inconvenience to a neighbor or to the
concerned to a new contract; (c) there public. [Duhaime's Legal Dict., 2004].
must be the extinguishment of the old
contract; and (d) there must be the Nuisance per accidens. Also Nuisance
in fact. 1. It is considered a nuisance

436
by reason of circumstances, location and rights, but with the placing in proper
surroundings. 2. One that becomes a form on the record, the judgment that
nuisance by reason of circumstances or has been previously rendered, to make
surroundings. [Tolentino, Civil Code of it speak the truth, so as to make it show
the Phil., Vol. II, Repr. 2001, p. 435, what the judicial action really was.
citing Iloilo Ice Cold Storage v. Iloilo, 24 [Lichauco v. Tan Pho, 51 Phil. 862, 880
Phil. 461]. (1923)].
Nuisance per se. Also Nuisance at Nuncupative will. 1. An oral (unwritten)

law. 1. A nuisance which affects the will. [Jurists Legal Dict., 2004; Matias v.
immediate safety of persons and Alvarez, 10 Phil. 398]. 2. An oral will
property and may be summarily abated declared or dictated by the testator in
under the undefined law of necessity. his last sickness before a sufficient
[Monteverde v. Generoso, 52 Phil. 123 number of witnesses, and afterwards
(1928)]. 2. An act, occupation, or reduced to writing. [Blacks Law Dict.,
structure which is a nuisance at all times Abr. 5th Ed. (1983), p. 554].
and under any circumstances,
regardless of locations or surroundings. Nursery. A child-caring institution that
It is a nuisance in and of itself without provides care for six or more children
regard to circumstances. [Tolentino, below six years of age for all or part of a
Civil Code of the Phil., Vol. II, Repr. twenty-four hour day, except those duly
2001, p. 435, citing Wheeler v. River licensed to offer primarily medical and
Falls Power Co., 215 Ala. 655, 111 So. educational services. [Art. 117, PD 603].
907; Hundley v. Harrison, 123 Ala. 292,
296, 26 So. 294]. Nutrient. Any chemical substance
needed by the body for one or more of
Null and void ab initio. No legal effect these functions; to provide heat or
whatsoever and at any time. [Treasurer energy, to build and repair tissues, and
of the Phils. V. CA, GR L-42805. Aug. to regulate life processes. Although
31, 1987]. nutrients are found chiefly in foods,
some can be synthesized in the
Nullum tempus occurrit regi or laboratory like vitamin and mineral
nullum tempus occurrit reipublicae. supplements or in the body through
Lat. Lapse of time does not bar the right biosynthesis. [Sec. 3, RA 8976].
of the crown or lapse of time does not
bar the commonwealth. The rule is now Nutrition facts. A statement or
embodied in Art. 1108(4) of the Civil information on food labels indicating the
Code. It is a maxim of great antiquity in nutrient(s) and the quantity of said
English law. The best reason for its nutrient found or added in the
existence is the great public policy of processed foods or food products. [Sec.
preserving public rights and property 3, RA 8976].
from damage and loss through the
negligence of public officers. [Mindanao Nutrition labeling. A system of
Devt. Authority v. CA, GR L-49087. Apr. describing processed foods or food
5, 1982, citing 34 Am Jur 301; products on the basis of their selected
Ballentine's Law Dict., p. 891; US v. nutrient content. It aims to provide
Nashville, Chattanooga & St. Louis accurate nutrition information about
Railway Co., 118 U.S. 120, 125]. each food. This is printed in food labels
as Nutrition Facts. [Sec. 3, RA 8976].
Nunc pro tunc. Lat. Now for then. The
doing of something late (after it should Nymphomania. Legal Med. The
have been done in the first place), with excessive sexual desire in women.
effect as if it had been done on time. [Olarte, Legal Med., 1st Ed. (2004), p.
[Duhaime's Legal Dict., 2004]. 115]. Compare with Satyriasis.
Nunc pro tunc judgment. A judgment

which concerns itself not with the
rendering of a new judgment and the
ascertainment and determination of new

437
Object evidence. Those objects as

evidence addressed to the senses of the
court which, when relevant to the fact in
issue, may be exhibited to, examined or
viewed by the court. [Sec. 1, Rule 130,
RoC]. Also Real evidence.
Objection. 1. The formal protest made

by a party to a suit at a trial to record
his disapproval of a question asked by
the opposing counsel. [Torres, Oblig. &
Cont., 2000 Ed., p. 353]. 2. Such
objections to evidence as are made as
soon as the grounds therefor become
reasonably apparent. The grounds for
the objection must be specified. [Sec.
36, Rule 132, RoC]. 3. The process by
which one party takes exception to
some statement or procedure. An
objection is either sustained (allowed) or
overruled by the judge. [Glossary of
Objective novation. Also Real

novation. Novation through a change
of the object or principal conditions of
an existing obligation. [Cochingyan, Jr.
-O- v. R & B Surety and Insurance Co., GR
L-47369. June 30, 1987]. Compare with
Oath. 1. A religious or solemn affirmation Subjective novation.
to tell the truth or to take a certain
action. [Duhaime's Legal Dict., 2004]. 2. Objective phase of felony. The result
A solemn pledge made under a sense of of the acts of the execution, that is, the
responsibility in attestation of the truth accomplishment of the crime. [Gregorio,
of a statement or in verification of a Fund. of Crim. Law Rev., 1997 9th Ed.,
statement made. [Glossary of Legal p. 34]. See Subjective phase of
Terms (Pro-Se), 2004]. felony.
Obfuscation. Any impulse or Obligation. 1. Admin. Law. An amount

unreasoning temper, a condition of mind committed to be paid by the
brought about by something unlawful Government for any lawful act made by
and sufficient to produce the same. an authorized officer for and in behalf of
[Morenos Law Dict., 2000 Ed., p. 317]. the Government. [Sec. 2, Chap. 1, Book
VI, EO 292]. 2. Civ. Law. A juridical
Obiter dictum. Lat. A remark or opinion, necessity to give, to do or not to do.
by the way. 1. An observation by a court [Art. 1156, CC].
on a matter not specifically before the it
or not necessary in determining the Obligation. Civ. Law. Classification: (a)
issue before the court; a side opinion Pure and conditional obligations; (b);
which does not form part of the obligations with a period; (c) alternative
judgment for the purposes of stare and facultative obligations; (d) joint and
decisis. [Duhaime's Legal Dict., 2004]. solidary obligations; and (e) obligations
2. A remark or opinion uttered, by the with a penal clause. [Diaz, Bus. Law
way. It is a statement of the court Rev., 1991 Ed., p. 11].
concerning a question which was not
directly before it. [Mison v. CSC, GR Obligation. Civ. Law. Elements: (a) The
86241. Aug. 8, 1989, citing In re Hess, vinculum juris or juridical tie which is
23 A. 2d. 298, 301, 20 NJ Misc. 12]. the efficient cause established by the

438
various sources of obligations (law,

contracts, quasi-contracts, delicts and Obligee. The person who is to receive
quasi-delicts); (b) the object which is the benefit of someone else's obligation;
the prestation or conduct; required to that someone else being the obligor.
be observed (to give, to do or not to [Duhaime's Legal Dict., 2004]. Also
do); and (c) the subject-persons who, called a Creditor.
viewed from the demandability of the
obligation, are the active (obligee) and Obligor. A person who is contractually or
the passive (obligor) subjects. [Asuncion legally, committed or obliged, to
v. CA, GR 109125. Dec. 2, 1994]. providing something to another person;
the recipient of the benefit being called
Obligation or security of the the obligee. [Duhaime's Legal Dict.,
Philippines. All bonds, certificates of 2004]. Also known as the Debtor.
indebtedness, national bank notes,
fractional notes, certificates of deposit, Obscene. That form of immorality which
bills, checks, or drafts for money, drawn has relation to sexual impurity.
by or upon authorized officers of the Offensive to chastity and decency;
Philippines, and other representatives of expressing or presenting to the mind or
value, of whatever denomination, which view something which delicacy, purity,
have been or may be issued under any and decency forbid to be exposed.
act of the Congress of the Philippines. [People v. Kottinger, GR 20569. Oct. 29,
[Art. 166, RPC]. 1923, citing Swearingen v. US (1896),
161 US, 448].
Obligations. All financial liabilities of the
Corporation which are evidenced by Obscene material. Material which deals
promissory notes, bonds, debentures, with sex in a manner appealing to
mortgages or any other form of prurient interest. The portrayal of sex,
indebtedness. [Sec. 2, RA 7354]. e.g., in art, literature and scientific
works, is not itself sufficient reason to
Obligations with a period. Obligations deny material the constitutional
for whose fulfillment a day certain has protection of freedom of speech and
been fixed and shall be demandable press. [Gonzales v. Kalaw-Katigbak, GR
only when that day comes. [Art. 1193, L-69500. July 22, 1985, citing Roth v.
CC]. US, 354 US 476, 487 (1957)].
Obligation with a penal clause. An Obscene publications and

obligation to which is attached an exhibitions. Crim. Law. The felony
accessory undertaking to pay a committed by the authors of obscene
previously stipulated penalty in case of literature, published with their
breach. [Diaz, Bus. Law Rev., 1991 Ed., knowledge in any form; the editors
p. 31]. publishing such literature; and the
owners/operators of the establishment
Obligatory force or obligatoriness of selling the same, or those who, in
contracts. 1. The characteristic of theaters, fairs, cinematographs or any
contracts whereby obligations arising other place, exhibit, indecent or immoral
therefrom have the force of law plays, scenes, acts or shows, whether
between the contracting parties and live or in film, which are prescribed by
should be complied with in good faith. virtue hereof, shall include those which:
[Art. 1159, CC]. 2. The rule that (a) glorify criminals or condone crimes;
contracts shall be obligatory in whatever (b) serve no other purpose but to satisfy
form they may have been entered into, the market for violence, lust or
provided all the essential requisites for pornography; (c) offend any race or
their validity are present. Contracts, religion; (d) tend to abet traffic in and
once perfected, have the force of law use of prohibited drugs; and (e) are
between the parties who are bound to contrary to law, public order, morals,
comply therewith in good faith, and and good customs, established policies,
neither one may, without the consent of lawful orders, decrees and edicts. [Art.
the other, renege therefrom. [Tiu Peck 201, RPC].
v. CA, GR 104404. May 6, 1993].

439
Obscenity. 1. Something offensive to department or office, or completion of a

chastity; decency, or delicacy. [People v. project. [IRR on Supply & Prop. Mgt.,
Kottinger, GR 20569. Oct. 29, 1923]. 2. per Sec. 383, LGC].
A publication which is illegal because it
is morally corruptive. Any lewd material Obstructing justice. An act which tends
which had no apparent social value, to impede or thwart the administration
which was offensive to contemporary of justice. Examples include trying to
community standards of decency, and bribe a witness or judge or providing
even material which tended to invoke law enforcement officers with
impure sexual thoughts. Any publication information known to be false.
a dominant characteristic of which is the [Duhaime's Legal Dict., 2004].
undue exploitation of sex, or of sex and
crime, horror, cruelty or violence. Obvious ungratefulness. See Abuse of
[Duhaime's Legal Dict., 2004]. confidence.
Obscenity, test of. (a) Whether the Occipital bone. A bone located at the
average person, applying contemporary posterior part of the skull. [Morenos
standards' would find the work, taken as Law Dict., 2000 Ed., p. 318].
a whole, appeals to the prurient
interest; (b) whether the work depicts Occlusio pupillae. The closure of the
or describes, in a patently offensive opening in the iris of the eye by
way, sexual conduct specifically defined formation of an opaque membrane.
by the applicable state law; and (c) [Aguja v. GSIS, GR 84846. Aug. 5,
whether the work, taken as a whole, 1991].
lacks serious literary, artistic, political, or
scientific value. [Pita v. CA, GR 80806. Occupancy. The purpose for which a
Oct. 5, 1989, citing Miller v. California, building is used or intended to be used.
413 US 15 (1973)]. The term shall also include the building
or room housing such use. Change of
Obscuridad. Sp. See Nighttime. occupancy is not intended to include
change of tenants or proprietors. [Sec.
Observed depreciation. See 3, BP 220].
Accumulated depreciation on
appraisal. Occupant. Any person actually occupying
and using a building or portions thereof
Obsession. Legal Med. A thought and by virtue of a lease contract with the
impulse which continually occur in a owner or administrator or by permission
persons mind despite all attempts to or sufferance of the latter. [Sec. 3, PD
keep them out. An idea constantly 1185].
occurring in the consciousness inspite of
efforts to dive them away from the Occupation. Labor. The collection of jobs
mind. [Olarte, Legal Med., 1st Ed. which is sufficiently similar with regard
(2004), p. 149]. to their main task to be grouped
together under a common title. [Sec. 1,
Obsessive compulsive disorder. Legal Rule 1, Book 2, IRR of LC].
Med. A disorder characterized by the
presence of recurrent, unwanted, Occupation. Property. 1. Seizure of a
intrusive ideas, images or impulses that corporeal thing, without an owner, with
seem silly, weird, nasty, or horrible the intention to acquire ownership in
(obsessions) and an urge or compulsion accordance with law. 2. A mode of
to do something that will relieve the acquiring ownership by the
discomfort caused by an obsession. apprehension of a corporeal thing which
[Olarte, Legal Med., 1st Ed. (2004), p. has no owner, by a person having
137]. capacity for the purpose, with intent to
appropriate it as his, and according to
Obsolete property. A property which the rule established by law. It is the
has lost its efficiency either due to taking of possession which by itself
technological advancement, change or confers ownership. [Tolentino, Civil
procedure, reorganization of a

440
Code of the Phil., Vol. II, Repr. 2001, p. professional association of occupational
489, citing 3 Sanchez Roman 210]. therapists in the Philippines through in-
service training and practical
Occupational disease. A disease which experience, to function as an assistant
develops as a result of hazards peculiar to and under the direct supervision of
to certain occupations, due to toxic an occupational therapist to assist in
substances (as in the organic solvents rehabilitating patients in hospitals and
industry), radiation (as in television similar institutions. [Sec. 2, RA 5680].
repairmen), repeated mechanical injury,
emotional strain, etc. [Meez v. ECC, GR Occupation of real property of
L-48488. Apr. 25, 1980, citing Schmidt's usurpation of real rights in
Attorneys' Dict. of Medicine, p. 561]. property. Crim. Law. The felony
committed by any person who, by
Occupational group. A group of classes means of violence against or
of positions in the same occupation or intimidation of persons, shall take
occupational area arranged by level of possession of any real property or shall
difficulty and responsibility. [Sec. 3, PD usurp any real rights in property
985]. belonging to another, in addition to the
penalty incurred for the acts of violence
Occupational therapist. A legally executed by him. [Art. 312, RPC].
qualified person licensed to practice
occupational therapy under this Act and Occupation tax. A tax imposed on a
who by accepted academic training and person engaged in the exercise or
professional clinical experience practice of his profession or calling,
possesses the knowledge and skills to under Sec. 12, Local Tax Code (PD
achieve the objectives as defined and 231), as amended. [Morenos Law Dict.,
set by the occupational therapy 2000 Ed., p. 319].
profession. The occupational therapist
functions through the use of the basic Occupy. To take possession of. [Morenos
methods, approaches and procedures of Law Dict., 2000 Ed., p. 319].
occupational therapy (creative,
manipulative, educational, pre- Ocean waters. All marine waters other
vocational evaluation and self-care than the territorial sea and inland
activities) which are designed to assess waters of the Philippines and other
and develop the actual and potential states. [Sec. 3, PD 600].
abilities of the individual. [Sec. 2, RA
5680]. Ocular inspection. 1. An inspection by
means of actual sight or viewing.
Occupational therapy. A paramedical [Southeastern Coll. v. CA, GR 126389.
discipline concerned with the July 10, 1998, citing Webster's 3rd New
administration of medically prescribed Intl. Dict., 1971 Ed.; Moreno, Phil. Law
treatment, in the form of supervised Dict., 2nd Ed.]. 2. Inspection of the
activity, to persons disabled by disease establishment or premise involved to
or injury. The objective of occupational help the court in clearing a doubt,
therapy is to contribute to the reaching a conclusion, or finding the
development of the disabled person's truth. But it is not the main trial nor
independence, to improve his emotional, should it exclude the presentation of
social, and physical well-being and his other evidence which the parties may
ability to care for himself both at home deem necessary to establish their case.
and on the job, and to begin early It is merely an auxiliary remedy which
evaluations and experimentation for the law affords the parties or the court
future job training and employment. to reach an enlightened determination
[Sec. 2, RA 5680]. of the case. [Phil. Movie Pictures
Workers' Assoc. v. Premiere Prods., Inc.,
Occupational therapy technician or GR L-5621. Mar. 25, 1953].
assistant. A person who, not having
acquired a bachelor's degree in Of counsel. A phrase commonly applied
occupational therapy, is qualified, as to counsel employed to assist in the
determined by a bona fide national preparation or management of the case,

441
or its presentation on appeal, but who is Offer of compromise. Evid. A proposal

not the principal attorney for the party. which is tentative and any statement
[Jurists Legal Dict., 2004]. made in connection with it which is
hypothetical, the purpose being to buy
Offended party. The person against peace and in contemplation of mutual
whom or against whose property, the concessions. [Claridades, A.,
offense was committed. [Sec. 12, Rule Compilation of Notes, 2001-2006].
110, RoC]. Compare with Ordinary admission.
Offending the religious feelings. Crim. Offer of evidence. The statement made
Law. The felony committed by anyone by counsel as to what he expects to
who, in a place devoted to religious prove through the witness. [People v.
worship or during the celebration of any Yap, GR 103517. Feb. 9, 1994].
religious ceremony shall perform acts Compare with Presentation of
notoriously offensive to the feelings of evidence.
the faithful. [Art. 133, RPC].
Offer of proof. A disclosure of the
Offense. A crime. Any act which evidence the offering party wishes to
contravenes the criminal law of the introduce in the face of rejection to the
state in which it occurs. [Duhaime's admission of said evidence. It is a better
Legal Dict., 2004]. practice to attach to the record the
exhibits which have been rejected.
Offensive trades or occupations. Any [Herrera, Remedial Law, Vol. VI, 1999
of the following trades or occupations: Ed., p. 342].
(a) Soap boiling; (b) guts cleaning; (c)
boiling of offal, bones, fat or lard; Offer to compromise. It does not, in
(Permissible if process is performed in a legal contemplation, involve an
public slaughterhouse under prescribed admission on the part of a defendant
regulations); (d) manufacturing of glue that he is legally liable, not on the part
or fertilizer; (e) skin curing; (f) scrap of a plaintiff that his claim or demand is
processing; (g) manure storing; (h) lime groundless or even doubtful, since the
burning; (i) lye making; and (j) any compromise is arrived at precisely with
manufacturing process in which lead, a view to avoiding further controversy
arsenic, mercury, phosphorous, or other and saving the expenses of litigation.
poisonous substance is used. [Sec. 84, [Smith Bell and Co. (Phils.), Inc. GR
PD 856]. 56294. May 20, 1991].
Offer. 1. A proposal to enter into a Office. 1. Within the framework of

contract. [Rosenstock v. Burke, 46 Phil. governmental organization, any major
217]. 2. A proposal involving one or functional unit of a department or
more items in a tender. [IRR on Supply bureau including regional offices. It may
& Prop. Mgt., per Sec. 383, LGC]. 3. An also refer to any position held or
explicit proposal to contract which, if occupied by individual persons, whose
accepted, completes the contract and functions are defined by law or
binds both the person that made the regulation. [Sec. 2(9), Rev. Admin. Code
offer and the person accepting the offer of 1987]. 2. A public charge or
to the terms of the contract. [Duhaime's employment, an employment on behalf
Legal Dict., 2004]. See also of the government in any station or
Acceptance. public trust, not merely transient,
occasional or incidental. [Tejada v.
Offering false testimony in evidence. Domingo, GR 91860. Jan. 13, 1992,
Crim. Law. The felony committed by any citing Black's Law Dict., 5th Ed., 976].
person who shall knowingly offer in
evidence a false witness or testimony in Officer. As distinguished from "clerk" or
any judicial or official proceeding, shall "employee", a person whose duties, not
be punished as guilty of false testimony. being of a clerical or manual nature,
[Art. 184, RPC]. involves the exercise of discretion in the
performance of the functions of the
government. When used with reference

442
to a person having authority to do a legal orders and decrees promulgated

particular act or perform a particular by the duly constituted authorities.
function in the exercise of governmental [Dizon v. Dollete, GR L-19838. June 30,
power, "officer" includes any 1964].
government employee, agent or body
having authority to do the act or Official residences. Malacaang, and
exercise that function. [Sec. 2, Admin. other government-owned structures
Code of 1987]. where the President resides, and other
structures occupied by the Philippine
Officer ad interim. One appointed to fill Consulate or Embassies abroad. [Sec. 3,
a vacancy, or to discharge the duties of RA 8491].
the office during the absence or
temporary incapacity of its regular Officious manager. See Negotiorum
incumbent [PLM v. IAC, GR L-65439. gestor.
Nov. 13, 1985, citing Black's Law Dict.,
Rev. 4th Ed., 1978]. Offshore. 1. The water, sea bottom, and
subsurface from the shore or coastline
Officer breaking seal. Any public officer reckoned from the mean low tide level
charged with the custody of papers or up to the two hundred nautical miles
property sealed by proper authority, (200 n. m.) exclusive economic zone
who shall break the seals or permit including the archipelagic sea and
them to be broken. [Art. 227, RPC]. contiguous zone. [Sec. 3, RA 7942]. 2.
An area situated off the shore within a
Officer-in-charge. A person designated zone generally considered to extend to
to an office in a temporary capacity. The three miles. [De Castro v. Marcos, GR L-
designee holds no fixed tenure and may 26093. Jan. 27, 1969, citing Webster's
be removed or replaced at will by the 3rd New Intl. Dict., 1964 Ed., p. 1568].
appointing authority, with or without
cause, and without need of notice or Offshore banking. The conduct of
any form of hearing. [Morenos Law banking transactions in foreign
Dict., 2000 Ed., p. 320]. currencies involving the receipt of funds
from external sources and the utilization
Official. As an adjective, it means of such funds as provided in this
derived from the proper office or Decree. [Sec. 1, PD 1034].
officer; authoritative. [Morenos Law
Dict., 2000 Ed., p. 320]. Offshore banking unit. A branch,
subsidiary or affiliate of a foreign
Official document. Any instrument banking corporation which is duly
issued by the government or its agents authorized by the Central Bank of the
or its officers having the authority to do Philippines to transact offshore banking
so and the offices, which in accordance business in the Philippines. [Sec. 1, PD
with their creation, they are authorized 1034].
to issue. [Gregorio, Fund. of Crim. Law
Rev., 1997 9th Ed., p. 450, citing II Oil. Oil of any kind or in any form
Pacheco, pp. 295-296]. including, but not limited to, petroleum,
fuel oil, sludge, oil refuse, and oil mixed
Official information. The statement with wastes other than dredge spoil.
made - on entries in official records - by [Sec. 3, PD 979; Sec. 3, PD 600].
the person who not only must have
personal knowledge of the facts stated Okinam. Ilok. Vulva of your mother.
but must have the duty to give such [People v. Balanag, GR 103225. Sep. 15,
statement for the record. [Claridades, 1994].
OMB. The Optical Media Board. [Sec. 3,
Official integrity. This includes not only RA 9239].
soundness of moral principle and
character but also connotes strictness or Ombudsman. The official mandated by
fidelity in the discharge of the trust law to receive and investigate
reposed, like obedience to the laws, complaints relative to public office,

443
including those in government-owned or

controlled corporations, make On-arm irrigation facilities. Composite
appropriate recommendations, and in facilities that permit entry of water to
case of failure of justice as defined by paddy areas and consist of farm ditches
law, file and prosecute the and turnouts. [Sec. 4, RA 8435]. [Sec.
corresponding criminal, civil or 4, RA 8435].
administrative case before the proper
court or body. [Claridades, A., On board bill of lading. One in which it
Compilation of Notes, 2001-2006]. is stated that the goods have been
received on board the vessel which is to
Ombudsman Act of 1989, The. RA carry the goods, whereas a received for
6770 entitled An Act providing for the shipment bill of lading is one in which it
functional and structural organization of is stated that the goods have been
the Office of the Ombudsman, and for received for shipment with or without
other purposes enacted on Nov. 17, specifying the vessel by which the goods
1989. are to be shipped. An on board bill of
lading is issued when the goods have
Omne quod solo inadeficatur solo been actually placed aboard the ship
cedit. Lat. Everything that is built on with every reasonable expectation that
the soil yields to the soil. [Roque v. the shipment is as good as on its way.
Lapuz, GR L-32811. Mar. 31, 1980]. [Magellan v. CA, GR 95529. Aug. 22,
1991]. Compare with Received for
Omnia praesumuntur rite et shipment bill of lading.
solemniter esse acta. Lat. All things
are presumed to be correctly and On call status. A condition when public
solemnly done. [Farolan v. Solmac health workers are called upon to
Marketing Corp., GR 83589. Mar. 13, respond to urgent or immediate need
1991]. for health/medical assistance or relief
work during emergencies such that
Omnibus bill. A draft law before a he/shall cannot devote the time for
legislature which contains more than his/her own use. [Sec. 15, RA 7305].
one substantive matter, or several minor
matters which have been combined into Onerous contract. A contract in where
one bill, ostensibly for the sake of the cause for each contracting party is
convenience. [Duhaime's Legal Dict., the prestation or promise of a thing or
2004]. service by the other. [Art. 1350, CC].
Omnibus Election Code of the Onerous donation. One which is subject

Philippines. BP 881 entitled Omnibus to burdens, charges or future services
Election Code of the Philippines equal (or more) in value than that of the
enacted on Dec. 3, 1985. thing donated. [De Luna v. Abrigo, GR
57455. Jan. 18, 1990, citing Paras, Civil
Omnibus Investment Code of 1987, Code of the Phil. Annotated, 11 Ed.,
The. EO 226 signed into law on July 16, 726]. Compare with Simple donation
1987. or Remuneratory donation.
Omnibus motion. A motion attacking a One-subject, one-title rule. The

pleading, order, judgment, or Constitutional provision that requires
proceeding which includes all objections that every bill passed by the Congress
then available, and all objections not so shall embrace only one subject which
included are deemed waived. [Sec. 8, shall be expressed in the title thereof.
Rule 15, RoC]. [Sec. 26. (1), Art. VI, 1987 Phil. Const.].
On a person's own recognizance. One-subject, one-title rule. Purposes:

Release of a person from custody (a) To prevent Hodge-podge or Log-
without the payment of any bail or rolling legislation; (b) to prevent
posting of bond, upon the promise to surprise or fraud upon the legislature by
return to court. [Glossary of Legal means of provisions in bills of which the
Terms (Pro-Se), 2004]. title gives no intimation, and which

444
might therefore be overlooked and of proving beyond reasonable doubt. In

carelessly and unintentionally adopted; civil cases, the onus of proof lies with
and (c) to fairly apprise the people, the plaintiff who must prove his case by
through such publication of legislative balance of probabilities. [Duhaime's
proceedings as is usually made, of the Legal Dict., 2004].
subject of legislation that is being
considered, in order that they may have Onus probandi. Lat. Burden of proof.
opportunity of being heard thereon, by [Ramcar Inc. v. Garcia, GR L-16997.
petition or otherwise, if they shall so Apr. 25, 1962].
desire. [Phil. Judges Assoc. v. Prado, GR
105371. Nov. 11, 1993, citing Cooley, Onward shifting. The shifting of the tax
Constl. Limitations, 8th Ed., pp. 295- two or more times either forward or
296]. backward. [De Leon, Fundamentals of
Taxation, 2000 Ed., p. 56].
One-year bar rule. Labor. The rule that
certification election may not be held Open access. The provision of allowing
within one year from the date of any qualified user the use of
issuance of a final certification election transmission, and/or distribution system
result. [Poquiz, Labor Rel. Law, 1999 and associated facilities subject to the
Ed. p. 203]. payment of transmission and/or
distribution retail wheeling rates duly
On occasion. The phrase signifies approved by the Energy Regulation
because or by reason of the past Commission (ERC). [Sec. 4, RA 9136].
performance of official duties, even if at
the very time of the assault no official Open corporation. A corporation which
duty was being discharged. [Morenos is open to any person who may wish to
Law Dict., 2000 Ed., p. 320]. become a stockholder or member
thereto. [De Leon, Corp. Code of the
On or about. A phrase used in reciting Phil. Annotated, 1989 Ed., p. 39].
the date of an occurrence or Compare with Close corporation.
conveyance, or the location of it to
escape the necessity of being bound by Open disobedience. Crim. Law. The
the statement of an exact date or place. felony committed by any judicial or
Approximately; about; without executive officer who shall openly refuse
substantial variance from; near. to execute the judgment, decision or
[Morenos Law Dict., 2000 Ed., p. 320]. order of any superior authority made
within the scope of the jurisdiction of
Onshore. The landward side from the the latter and issued with all the legal
mean tide elevation, including formalities. [Art. 231, RPC].
submerged lands in lakes, rivers and
creeks. [Sec. 3, RA 7942]. Open-end company. An investment
company which is offering for sale or
On-site development. The process of has outstanding any redeemable
upgrading and rehabilitation of blighted security of which it is the issuer. [Sec. 5,
slum urban areas with a view of RA 2629]. See Closed-end company.
minimizing displacement of dwellers in
said areas, and with provisions for basic Open-end-credit plan. A consumer
services. [Sec. 3, RA 7279]. credit extended on an account pursuant
to a plan under which: 1) the creditor
On the job training. The practical work may permit the person to make
experience through actual participation purchase or obtain loans, from time to
in productive activities given to or time, directly from the creditor or
acquired by an apprentice. [Sec. 2, Rule indirectly by use of credit card, or other
6, Book 3, IRR of LC]. service; 2) the person has the privilege
of paying the balance; or 3) a finance
Onus. Lat. The burden. It is usually used charge may be computed by the
in the context of evidence. The onus of creditor from time to time on an unpaid
proof in criminal cases lies with the balance. [Sec. 3, RA 8484; Art. 4, RA
state. It is the state that has the burden 7394].

445
Operating lease. A contract under which

Open-ended agreement. An agreement the asset is not wholly amortized during
or contract which does not have an the primary period of the lease, and
ending date but which will continue for where the lessor does not rely solely on
as long as certain conditions, identified the rentals during the primary period for
in the agreement, exist. [Duhaime's his profits, but looks for the recovery of
Legal Dict., 2004]. the balance of his costs and for the rest
of his profits from the sale or release of
Opening bank. The bank, usually the the returned asset at the end of the
buyer's bank, which actually issues the primary lease period. [Beltran v. PAIC
letter of credit. [Bank of America, NT & Finance Corp., GR 83113. May 19, 1992,
SA v. CA, GR 105395. Dec. 10, 1993]. citing Rev. Reg. 19-86, Promulgated by
Also known as the Issuing bank. the DOF on 1 Jan. 1987].
Opening of closed documents. Crim. Operation. A doing or performing action;

Law. The felony committed by any work. [Morenos Law Dict., 2000 Ed., p.
public officer not included in the 321].
provisions Art. 227 of the Rev. Penal
Code who, without proper authority, Operative fact doctrine. 1. The
shall open or shall permit to be opened doctrine (which holds) that in declaring
any closed papers, documents or a law or rule null and void, undue
objects entrusted to his custody. [Art. harshness and resulting unfairness must
228, RPC]. be avoided. [Union Of Filipro Employees
v. Vivar, GR 79255. Jan. 20, 1992]. 2.
Opening statement. The initial The doctrine holding that the actual
statement made by attorneys for each existence of a statute, prior to such a
side, outlining the facts each intends to determination [of unconstitutionality], is
establish during the trial. [Glossary of an operative fact and may have
Legal Terms (Pro-Se), 2004]. consequences which cannot justly be
ignored. The past cannot always be
Open policy. Ins. A policy of insurance in erased by a new judicial declaration.
which the value of the thing insured is The effect of the subsequent ruling as
not agreed upon, but is left to be to invalidity may have to be considered
ascertained in case of loss. [Sec. 60, in various aspects, with respect to
IC]. Compare with Valued policy. particular relations, individual and
corporate, and particular conduct
Open possession. When possession is private and official. [Serrano De
patent, visible, apparent, notorious and Agbayani v. PNB, GR L-23127. Apr. 29,
not clandestine. [Dir. of Lands v. IAC, 1971]. See Chicot doctrine.
GR 68946. May 22, 1992, citing Black's
Law Dict., 5th Ed., 983]. Operator. 1. Local Govt. Code. The
owner, manager, administrator, or any
Open space. Areas allocated for the other person who operates or is
following purposes: circulation, responsible for the operation of a
community facilities, park or business establishment or undertaking.
playground, easements, and courts. [Sec. 131, RA 7160]. 2. Anti-Gambling
[Sec. 3, BP 220]. Law. See Maintainer. [Sec. 2, RA
9287].
Open ticket. A ticket on board a ship
whereby the passenger has not been Opinio juris sive necessitatis. Lat. Of
assigned to any particular berth space. the opinion that it is a necessary law.
[Bank of America v. CA, GR 105395. Maxim that an observing state must
Dec. 10, 1993]. perceive a customary practice as one
that it is obligated by international law
Operate. To perform work or labor; to to observe. [Intl. Law Dict. & Direct.,
work. [Morenos Law Dict., 2000 Ed., p. 2004].
321].
Opinion. 1. The informal expression of
the views of the court (which) cannot

446
prevail against its final order or decision. Oppression. 1. The misdemeanor

(It) forms no part of the judgment. committed by a public officer who,
[Dayrit v. CA, GR L-29388. Dec. 28, under color of his office, wrongfully
1970]. 2. A judge's written explanation inflicts upon any person any bodily
of a decision of the court or of a harm, imprisonment or any other injury,
majority of judges. A dissenting opinion or an act of subjecting another to cruel
disagrees with the majority opinion and unjust hardship. [Buta v.
because of the reasoning and/or the Relampagos, GR 116798. Sept. 16,
principles of law on which the decision is 1997, citing Black's Law Dict., 6th Ed., p.
based. A concurring opinion agrees with 1093]. 2. An act of cruelty, severity,
the decision of the court but offers unlawful exaction, domination or
further comment. (A per curiam opinion excessive use of authority. [Ochate v.
is an unsigned opinion of the court.). Ty Deling, L- 13298, Mar. 30, 1959, 105
[Glossary of Legal Terms (Pro-Se), Phil. 384, 390].
2004].
Oppressive. Unreasonably burdensome;
Opinion rule. Evid. The general rule that unjustly severe, rigorous or harsh;
the opinion of a witness is not overpowering or depressing to the spirit
admissible, except as indicated in Secs. or senses. [Morenos Law Dict., 2000
49 and 50 of Rule 130 of the Rules of Ed., p. 325].
Court. [Sec. 48, Rule 130, RoC].
Optical media. A storage medium or
Opium. 1. The coagulated juice of the device in which information, including
opium poppy (Papaver somniferum L.) sounds and/or images, or software
and embraces every kind, class and code, has been stored, either by
character of opium, whether crude or mastering and/or replication, which may
prepared; the ashes or refuse of the be accessed and read using a lens
same; narcotic preparations thereof or scanning mechanism employing a high
therefrom; morphine or any alkaloid of intensity light source such as a laser or
opium; preparations in which opium, any such other means as may be
morphine or any alkaloid of opium developed in the future. [Sec. 3, RA
enters as an ingredient; opium poppy; 9239].
opium poppy straw; and leaves or
wrappings of opium leaves, whether Optima statuli interpretatix est
prepared for use or not. [Sec 3, RA ipsum statutum. Lat. The best
9165]. 2. It embraces every kind, class, interpreter of the statute is the statute
and character of opium, whether crude itself. [Claridades, A., Compilation of
or prepared; the ashes on refuse of the Notes, 2001-2006].
same; narcotic preparations thereof or
therefrom; morphine or any alkaloid of Option. 1. A contract granting a person
opium, preparation in which opium, the privilege to buy or not to buy certain
morphine or any kind of opium, enter as objects at any time within the agreed
an ingredient, and also opium leaves or period at a fixed price. [Paras, Civil Code
wrappings of opium leaves, whether of the Phil. Annotated, 1978 Ed., Vol.
prepared or not for their use. [Art. 190, IV, p. 448]. 2. As used in the law on
RPC]. sales, it is a continuing offer or contract
by which the owner stipulates with
Opium poppy. Any part of the plant of another that the latter shall have the
the species Papaver somniferum L., right to buy the property at a fixed price
Papaver setigerum DC, Papaver within a certain time, or under, or in
orientale, Papaver bracteatum and compliance with, certain terms and
Papaver rhoeas, which includes the conditions, or which gives to the owner
seeds, straws, branches, leaves or any of the property the right to sell or
part thereof, or substances derived demand a sale. It is also sometimes
therefrom, even for floral, decorative called an unaccepted offer. [Adelfa
and culinary purposes. [Sec 3, RA Properties v. CA, GR 111238. Jan. 25,
9165]. 1995 ].

447
Optional clause jurisdiction. Intl. Law. dispensing ophthalmic lenses, prisms,

A unilateral grant of jurisdiction by a contact lenses and their accessories and
state to the International Court of solutions, low vision aids, and similar
Justice that allows the Court to resolve appliances and devices, conducting
disputes involving that state. [Intl. Law ocular exercises, vision training,
Dict. & Direct., 2004]. orthoptics, installing prosthetics, using
authorized diagnostic pharmaceutical
Optional contract. A contract by virtue agents (DPA), and other preventive or
of the terms of which the parties thereto corrective measures or procedures for
promise and obligate themselves to the aid, correction, rehabilitation or
enter into another contract at a future relief of the human eye, or to attain
time, upon the happening of certain maximum vision and comfort. [Sec. 3,
events or the fulfillment of certain RA 8050].
conditions. [Morenos Law Dict., 2000
Ed., p. 322]. Or. The term has, oftentimes, been held
to mean "and," or vice-versa, when the
Option money. The consideration for the spirit or context of the law warrants it.
option period. It is separate and distinct [Gonzales v. Comelec, GR L-28196. Nov.
from the purchase price. Where option 9, 1967, citing 50 Am. Jur. 267-268].
money is given, it is proof of the
perfection of the option contract. [Diaz, Oral argument. Presentation of a case
Bus. Law Rev., 1991 Ed., p. 66]. before a court by spoken argument;
usually with respect to a presentation of
Option to purchase. A unilateral a case to an appellate court where a
contract whereby the owner agrees with time limit might be set for oral
the holder of the option that the latter argument. [Glossary of Legal Terms
has a right to buy the property (Pro-Se), 2004].
according to the terms and conditions of
the contract, constituting merely the Oral defamation. Also Slander. The
right to an election, the holder of which speaking of base and defamatory words
is not bound to complete the sale. which tend to prejudice another in his
[Morenos Law Dict., 2000 Ed., p. 322]. reputation, office, trade, business or
means of livelihood [Victorio v. CA, GR
Option to rebuild clause. Ins. A clause 32836-37. May 31, 1989, citing 33 Am.
giving the insurer the option to reinstate Jur. 39].
or replace the property damaged or
destroyed or any part thereof, instead of Oralism. Legal Med. The use of the
paying the amount of the loss or the mouth as a way of sexual gratification.
damage. [Claridades, A., Compilation of [Olarte, Legal Med., 1st Ed. (2004), p.
Notes, 2001-2006]. 115].
Option warrant. Corp. Law. A stock Order. 1. A formal written direction given
which gives the holder the right to by a member of the judiciary. A court
subscribe for or purchase shares of the decision without reasons. [Duhaime's
issuing corporation, such as common Legal Dict., 2004]. 2. A mandate,
shares, at a stipulated price or prices command, or direction authoritatively
per share usually within a limited time. given. Direction of a court or judge
[Diaz, Bus. Law Rev., 1991 Ed., p. 250]. made in writing. [Glossary of Legal
Optometrist. A person who has been
certified by the Board of Optometry and Order of a court. A formal direction of a
registered with the Professional court of competent jurisdiction requiring
Regulation Commission (PRC) as being that a certain act be performed or
qualified to practice optometry in the restrained. [Torres, Oblig. & Cont., 2000
Philippines. [Sec. 3, RA 8050]. Ed., p. 353].
Optometry. The science and art of Order of default, effect of. A party in
examining the human eye, analyzing the default shall be entitled to notice of
ocular function, prescribing and subsequent proceedings but not to take

448
part in the trial. [Sec. 3(a), Rule 9, constitute the foundation of a

RoC]. prescriptive right, must be adverse and
under a claim of title. Possession by
Order of default, relief from. A party license or mere tolerance does not give
declared in default may at any time rise to acquisitive prescription. [Sapu-an
after notice thereof and before v. CA, GR 91869. Oct. 19, 1992; Art.
judgment file a motion under oath to set 1134, CC]. 2. Ordinary acquisitive
aside the order of default upon proper prescription of dominion requires that
showing that his failure to answer was there be public, peaceful and
due to fraud, accident, mistake or uninterrupted possession in the concept
excusable negligence and that he has a of owner for a period of ten (10) years.
meritorious defense. In such case, the [Borillo v. CA, GR 55691. May 21, 1992].
order of default may be set aside on
such terms and conditions as the judge Ordinary admission. Evid. An admission
may impose in the interest of justice. the intention of which is apparently to
[Sec. 3(b), Rule 9, RoC]. admit liability and seek to buy or secure
relief against a liability recognized as
Ordinance. Local Govt. 1. Legislative such. [Claridades, A., Compilation of
acts passed by the municipal council in Notes, 2001-2006]. Compare with Offer
the exercise of its lawmaking authority. of compromise.
[Mascuana v. Prov. Board of Negros
Occ., GR L-27013. Oct. 18, 1977, citing Ordinary care. Such care as an ordinary
Sec. 2227, Rev. Admin. Code]. 2. A rule prudent person would exercise under a
established by authority; may be a particular case to avoid injury.
municipal statute of a city council, [Morenos Law Dict., 2000 Ed., p. 324].
regulating such matters as zoning,
building, safety, matters of municipality, Ordinary civil action, basis of. Every
etc. [Glossary of Legal Terms (Pro-Se), ordinary civil action must be based on a
2004]. Compare with Resolution. cause of action. [Sec. 1, Rule 2, RoC].
Ordinance. Local Govt. Requisites for Ordinary coral. All kinds of coral other
validity: A municipal ordinance (a) must than precious and semi-precious corals.
not contravene the Constitution or any [Sec. 3, PD 1219].
statute (b) must not be unfair or
oppressive (c) must not be partial or Ordinary expenses. Taxation. It
discriminatory (d) must not prohibit but connotes a payment which is normal in
may regulate trade (e) must be general relation to the business of the taxpayer
and consistent with public policy, and (f) and the surrounding circumstances.
must not be unreasonable. [Tatel v. [Martens, Law of Federal, Income
Mun. of Virac, GR L-40243. Mar. 11, Taxation, Vol. IV, p. 316]. The term
1992]. Ordinary does not require that the
payments be habitual or normal in the
Ordinary acquisitive prescription. 1. sense that the same taxpayer will have
This requires possession of things in to make them often; the payment may
good faith and with just title during the be unique or non-recurring to the
time fixed by law. The good faith of the particular taxpayer affected. [Atlas
possessor consists in the reasonable Consolidated Mining & Devt. Corp. v.
belief that the person from whom he Comm. of Int. Rev., GR L-26911. Jan.
received the thing was the owner 27, 1981]. Compare with Necessary
thereof and could transmit his expenses.
ownership. For the purpose of
prescription, there is just title when the Ordinary income. Any gain from the
adverse claimant came into possession sale or exchange of property which is
of the property through one of the not a capital asset or property. [Sec. 22
modes recognized by law for the NIRC, as amended].
acquisition of ownership or other real
rights, but the grantor was not the Ordinary jurisdiction. Jurisdiction
owner or could not transmit any right. It attached by law to an office. [Roman
is well-settled that possession, to Catholic Apostolic Administrator of

449
Davao, Inc. v. Land Registration the law for storage of human bodies or
Commission, GR L-8451. Dec. 20, parts thereof. [Sec. 2, RA 7170].
1957]. Compare with Delegated
jurisdiction. Organ Donation Act of 1991. RA 7170
entitled An Act authorizing the legacy
Ordinary legislative power. Pol. Law. or donation of all or part of a human
The power to pass ordinary laws. body after death for specified purposes
[Suarez, Pol. Law Reviewer, 1st Ed., enacted on Jan. 7, 1992.
2002, p. 284].
Organic peroxide. A strong oxidizing
Ordinary loss. Any loss from the sale or organic compound which releases
exchange of property which is not a oxygen readily. it causes fire when in
capital asset. [Sec. 22 NIRC, as contact with combustible materials
amended]. especially under conditions of high
temperature. [Sec. 3, PD 1185].
Ordinary purchaser. A purchaser
accustomed to buy, and therefore to Organized establishment. A firm or
some extent familiar with, the goods in company where there is a recognized or
question. [Dy Buncio v. Tan Tiao Bok, certified exclusive bargaining agent.
42 Phil. 190 (1921)]. [Sec. 1, Rule 1, Book 5, IRR of LC].
Ordinary repairs. Such repairs as are Organized or syndicated crime. Any

required by the wear and tear due to crime committed by an
the natural use of the thing and are organized/syndicated crime group,
indispensable for its preservation. including, but not limited to, arson,
Should the usufructuary fail to make robbery (hold-up), kidnapping for
them after demand by the owner, the ransom, prostitution, illegal recruitment,
latter may make them at the expense of carnapping, smuggling and piracy, cattle
the usufructuary. [Art. 592, CC]. rustling, illicit drug trafficking, labor
rackets, land title rackets, manufacture
Ordinary will. Also Attested will. A will and/or circulation of fake documents,
the execution of which is governed by license, stamps, currencies, and other
Arts. 804 to 809 of the Civil Code. government forms, counterfeiting and
[Caneda v. CA, GR 103554. May 28, bank frauds, consumer frauds and other
1993]. illegal activities of such groups. [Sec. 1,
PD 1731].
Ore. A naturally occurring substance or
material from which a mineral or Organized or syndicated crime
element can be mined and/or processed group. 1. A group of two (2) or more
for profit. [Sec. 3, RA 7942]. persons collaborating, confederating or
mutually helping one another in the
Ore transport permit. The permit commission of any organized/syndicated
specifying the origin and quantity of crime. [Sec. 1, PD 1731]. 2. A group of
non-processed mineral ores or minerals two or more persons collaborating,
which shall be required for their confederating or mutually helping one
transport. Transport permits shall be another for purposes of gain in the
issued by the mines regional director commission of any crime. [People v.
who has jurisdiction over the area Esparas, GR 120034. July 10, 1998,
where the ores were extracted. [Sec. citing Sec. 23 of RA 7659].
53, RA 7942].
Orgasm. Legal Med. The peak or climax
Organ. From Gr. organon: tool or of sexual excitement. In men, semen
instrument. An agency that carries on ejaculates from the penis and in
specific functions within a larger women, the muscles surrounding the
organization. [Intl. Law Dict. & Direct., vagina contracts rhythmically. At
2004]. orgasm, both men and women
experience increased muscle turgor
Organ bank storage facility. A facility throughout the body and contractions of
licensed, accredited or approved under the pelvic muscles that peak to a most

450
pleasurable mental and physical electronic document purports to have

gratification. [Olarte, Legal Med., 1st Ed. been created, generated and/or sent.
(2004), p. 112]. The term does not include a person
acting as an intermediary with respect
Original cost. For newly acquired to that electronic document. [Sec. 5, RA
machinery not yet depreciated and 8792].
appraised within the year of its
purchase, the actual cost of the Origin of the property. In reserva
machinery to its present owner (plus the troncal, the person - who should be an
cost of transportation, handling and ascendant, brother or sister - from
installation at the present site). [Sec. 3, whom the descendant-propositus
PD 464]. acquired the property. [Jurado,
Comments & Jurisp. on Succession,
Originality. Creative effort invested by 1991 8th Ed., p. 255].
an author into raw materials that gives
them a new quality or character. [Intl. Orphan. A person who has lost one or
Law Dict. & Direct., 2004]. both of his natural parents. [Duhaime's
Legal Dict., 2004].
Original jurisdiction. 1. The power of
the Court to take judicial cognizance of Ostensible authority doctrine. Also
a case instituted for judicial action for known as Apparent authority
the first time under conditions provided doctrine. If a corporation knowingly
by law. [Garcia v. De Jesus, GR 88158. permits one of its officers, or any other
Mar. 4, 1992, citing Rem. Law agent, to do acts within the scope of an
Compendium, Regalado, 5th Rev. Ed., apparent authority, and thus holds him
Vol. 1, p. 3]. 2. Jurisdiction to take out to the public as possessing power to
cognizance of a cause at its inception, do those acts, the corporation will, as
try it and pass judgment upon the law against any one who has in good faith
and facts. [Ong v. Parel, GR 76710. Dec. dealt with the corporation through such
21, 1987, citing Black's Law Dict., pp. agent, be estopped from denying his
673 and 1251]. Compare with authority [Francisco v. GSIS, 7 SCRA
Appellate jurisdiction. 577, 583-584; PNB v. CA, 94 SCRA 357,
369-370; Prudential Bank v. CA, GR
Original legislative power. 1. Power 103957, June 14, 1993].
possessed by the sovereign people.
[Garcia v. Comelec, GR 111230. Sep. Osteoarthritis. A disease characterized
30, 1994]. 2. Power belonging to the by thinning or degeneration of cartilage
sovereign people which is supreme. and of bone in some parts of the joint.
[Suarez, Stat. Con., (1993), p. 52]. It is a part of the ageing process of the
Compare with Derivative legislative people afflicted with it. [Morenos Law
power. Dict., 2000 Ed., p. 325].
Original sale. The first sale by every Other purposes. The phrase appended
manufacturer, producer or importer. to the title of a law referring to such
[Sec, 5, CA 503]. purposes as are merely subordinate to
and cognate with the general subject
Originate. To come into being; begin; to therein expressed. [Morenos Law Dict.,
start. [Tolentino v. Sec. of Finance, GR 2000 Ed., p. 326].
115455. Aug. 25, 1994].
Ought. A verb synonymous to the
Originator. 1. The person or entity which auxiliary verb should. [Morenos Law
was the original obligee of the assets, Dict., 2000 Ed., p. 325].
such as financial institution that grants a
loan or a corporation in the books of Ounce. Troy ounce which is one-twelfth
which the Assets were created in part of a pound of five thousand seven
accordance with the plan for hundred sixty grains, or four hundred
securitization as approved by the SEC. eighty grains of 31.1035 grams. [Sec. 1,
[Sec. 3, RA 9267]. 2. A person by RA 6364].
whom, or on whose behalf, the

451
Outer space. Intl. Law. 1. Considered as Inc. v. Calleja, GR 81269. July 19,
res communes, the rules governing the 1989].
high seas apply to it. States have the
right to launch satellites in orbit over the Outstanding capital stock. Corp. Law.
territorial airspace of other state. 1. The portion of the capital stock which
[Sandoval, Pol. Law Reviewer 2003]. 2. is issued and held by persons other than
The universe and its celestial bodies the corporation itself. [De Leon, Corp.
above and beyond the earth's Code of the Phil. Annotated, 1989 Ed.,
atmosphere. [Intl. Law Dict. & Direct., p. 53]. 2. The total shares of stock
2004]. issued to subscribers or stockholders,
whether or not fully or partially paid (as
Outer space treaty. Intl. Law. 1. The long as there is a binding subscription
outer space is free for exploration and agreement), except treasury shares.
use by all states; it cannot be annexed [Sec. 137, Corp. Code]. Also Issued
by any state; and it may be used capital stock.
exclusively for peaceful purposes. Thus,
nuclear weapons of mass destruction Overdraft. The act of checking out more
may not be placed in orbit around the money than one has on deposit in a
earth. [Sandoval, Pol. Law Reviewer bank, and it may be either a legitimate
2003]. 2. Treaty on principles governing method of borrowing the money or an
the activities of states in the exploration illegitimate and criminal method of
and use of outer space including the obtaining it through the connivance of
moon and other celestial bodies. [Intl. the person from whom it is obtained.
Law Dict. & Direct., 2004]. [Morenos Law Dict., 2000 Ed., p. 326].
Out-of-court identification. Overhauling. The cleaning or repairing

Identification conducted by the police in of the whole engine of a motor vehicle
various ways. It is done thru show-ups by separating the motor engine and its
where the suspect alone is brought face parts from the body of the motor
to face with the witness for vehicle. [Sec. 2, RA 6539].
identification. It is done thru mug shots
where photographs are shown to the Over-insurance. Ins. It results when the
witness to identify the suspect. It is also insured insures the same property for
done thru line-ups where a witness an amount greater than the value of the
identifies the suspect from a group of property with the same insurance
persons lined up for the purpose. company. [Claridades, A., Compilation
[People v. Teehankee, GR 111206-08. of Notes, 2001-2006].
Oct. 6, 1995].
Overissued shares. Corp. Law. Those
Out-of-court settlement. An issued beyond the authorized capital
agreement between two litigants to stock and considered void. [Diaz, Bus.
settle a matter privately before the Law Rev., 1991 Ed., p. 250].
Court has rendered its decision.
[Duhaime's Legal Dict., 2004]. Overloading. The use of one or more
electrical appliances or devices which
Output tax. The value-added tax due on draw or consume electrical current
the sale or lease of taxable goods or beyond the designed capacity of the
properties or services by any person existing electrical system. [Sec. 3, PD
registered or required to register under 1185].
Sec. 236 of the National Internal
Revenue Code. [Sec. 110, NIRC, as Overpricing. The sale of petroleum
amended]. and/or petroleum products at prices in
excess of those duly authorized by the
Outside - of - the - freedom - period Government. [Sec.2, PD 1865; Sec. 3,
rule. Labor. The rule that a petition BP 33].
filed before or after the sixty-day
freedom period shall be dismissed Overrule. A judge's decision not to allow
outright. [Liberty Commercial Center, an objection. Also, a decision by a
higher court finding that a lower court

452
decision was in error. [Glossary of Legal the employee is paid for the overtime
Terms (Pro-Se), 2004]. work an additional compensation
equivalent to his regular wage plus at
Overrun. An excess over the quantity least twenty-five percent thereof. Work
ordered. [IRR on Supply & Prop. Mgt., performed beyond eight hours on a
per Sec. 383, LGC]. holiday or rest day shall be paid an
additional compensation equivalent to
Overseas absentee voter. A citizen of the rate for the first eight hours on a
the Philippines who is qualified to holiday or rest day plus at least 30
register and vote under RA 9189, not percent thereof. [Art. 87, LC].
otherwise disqualified by law, who is
abroad on the day of elections. [Sec. 3, Oviparous. A condition in which the
RA 9189]. vagina which had just delivered a baby
leaves the vaginal barrel loose. The
Overseas absentee voters, certified entry of a penis will leave no significant
list of. The list of registered overseas trace. [People v. Bacalso, GR 94531-32.
absentee voters whose applications to June 22, 1992].
vote in absentia have been approved by
the Commission on Election (COMELEC), Own damage clause. A clause in an
said list to be prepared by the automobile insurance policy which
Committee on Absentee Voting of the covers the risks insured against,
Commission, on a country-by-country namely: (a) damage or loss caused by
basis. [Sec. 3, RA 9189]. accident or fortuitous events; and (b)
that caused by malicious or intentional
Overseas employment. 1. Employment act committed by third persons.
of a worker outside the Philippines, [Morenos Law Dict., 2000 Ed., p. 326].
including employment on board vessels
plying international waters, covered by a Owner-manager. The owner of a parcel
valid contract. [Eastern Shipping Lines of land devoted to agricultural
v. POEA, GR L-76633. Oct. 18, 1988, production who provides the capital and
citing 1985 Rules and Regulations on management in the farm enterprise.
Overseas Employment]. 2. Employment [Sec. 166, RA 3844].
of a worker outside the Philippines. [Art.
13(h), LC]. Owner or lessor. 1. The owner or
administrator or agent of the owner of
Overseas Filipinos. Migrant, workers, the residential unit. [Sec. 2, BP 25;
other Filipino nationals and their Sec.4, RA 9161]. 2. The person who
dependents abroad. [Sec. 2, IRR, RA holds the legal right of possession or
8042]. title to a building or real property. [Sec.
3, PD 1185].
Overseas project. A construction or
consultancy project undertaken or will Ownership. A relation in law by virtue of
be undertaken by a contractor outside which a thing pertaining to one person
the territorial boundaries of the Republic is completely subjected to his will in
of the Philippines, and paid for in everything not prohibited by law or the
acceptable or freely convertible foreign concurrence with the rights of another
currency. [Sec. 3, PD 1167]. [Tatad v. Garcia, GR 114222. Apr. 6,
1995, citing Tolentino, II Commentaries
Overt act. 1. Every act, movement, deed & Jurisp. on the Civil Code of the Phil.
and word of a person indicating intent 45 (1992)].
to accomplish a criminal objective. [Umil
v. Ramos, GR 81567. July 9, 1990]. 2. Ownership and other real rights over
An outward act done in pursuance and property, how acquired and
manifestation of a criminal intent or transmitted. Ownership and other real
design. [Gregorio, Fund. of Crim. Law rights over property are acquired and
Rev., 1997 9th Ed., p. 35]. transmitted by law, by donation, by
estate and intestate succession, and in
Overtime work. Work performed consequence of certain contracts, by
beyond eight hours a day, provided that

453
tradition. They may also be acquired by

means of prescription. [Art. 712, CC].
Ownership, how acquired. Ownership

is acquired by occupation and by
intellectual creation. [Art. 712, CC].
Oxidizing material. A material that

readily yields oxygen in quantities
sufficient to stimulate or support
combustion. [Sec. 3, PD 1185].
-P-
Pachyderm. Thick-skinned. [People v.
Aquino, GR L-23908. Oct. 29, 1966].
Pacific blockade. Intl. Law. An act of

reprisal by which the vessels of the
offending state are prevented from
entering or leaving its ports by the ships
of the state seeking redress. [Cruz, Intl.
Package. A bundle made up for

transportation; a packet; a bale; a
parcel; or that in which anything is
packed; a box, a case, barrel, crate.,
etc., in which goods are packed: a
container. [Caltex (Phil.) Inc. v. Manila
Port Service, GR L-21055. Aug. 31,
1966, citing Webster's New Intl. Dict.,
2nd Ed., p, 1750].
Package or packaging. 1. Any

container or wrapping in which any
consumer product is enclosed for use in
the delivery or display of that consumer
product to retail purchasers. [Art. 4, RA
7394]. 2. Pack, boxes, cartons or
containers of any kind in which any
tobacco product is offered for sale to
consumers. [Sec. 4, RA 9211].

454
Packing materials. They include leaves, Pactum commissorium. Elements: (a)

straw, bark and other plant materials That there should be a pledge or
used as wrapping, packing, or mortgage wherein a property is pledged
converting and are capable of harboring or mortgaged by way of security for the
plant pets. [Sec. 2, PD 1433]. payment of the principal obligation; and
(b) that there should be a stipulation for
Pact. A treaty surrounded by a special an automatic appropriation by the
atmosphere of sentiment, with an creditor of the thing pledged or
intention to guaranty, such as treaties of mortgaged in the event of non-payment
friendship. [Coquia and Santiago, Intl. of the principal obligation within the
Law, 3rd Ed. (1998), p. 493]. stipulated period. [Uy Tong v. CA, GR
77465. May 21, 1988].
Pacta sunt servanda. Lat. International
agreements must be performed in good Pactum contrahendi. Intl. Law. An
faith. A treaty engagement is not a agreement by a State to conclude a
mere moral obligation but creates a later and final agreement. [Coquia and
legally binding obligation on the parties. Santiago, Intl. Law, 3rd Ed. (1998), p.
A state which has contracted valid 494].
international obligations is bound to
make in its legislations such Pactum reservati dominii. Also
modifications as may be necessary to Contractual reservation of title. 1.
ensure the fulfillment of the obligations The stipulation in a contract that
undertaken. [Taada v. Angara, GR ownership in the thing shall not pass to
118295. May 2, 1997]. Compare with the purchaser until he has fully paid the
Rebus sic stantibus. price. [Art. 1478, CC]. 2. The
reservation by the seller under the
Pacto. Sp. A consideration which induces terms of a contract of sale of specific
one to commit a crime. [Aquino, RPC, goods of his right of possession or
1976 Ed., Vol. 1, p. 431, citing People v. ownership in the goods until certain
Indanan, 24 Phil. 203, 207 (1913) and conditions have been fulfilled. The right
People v. Asaad, 55 Phil. 697 (1931)]. of possession or ownership may be thus
Compare with Precepto. reserved notwithstanding the delivery of
the goods to the buyer or to a carrier or
Pacto commissorio. Sp. A provision for other bailee for the purpose of
the automatic appropriation of the transmission to the buyer. [Art. 1503,
pledged or mortgaged property by the CC]. 3. A stipulation common in sales on
creditor in payment of the loan upon its installment where the ownership of the
maturity. The prohibition against a property may still be with the seller until
pacto commissorio is intended to protect full payment of the price is made.
the obligor, pledgor, or mortgagor [Jovellanos v. Ca, GR 100728. June 18,
against being overreached by his 1992; Art. 1478, CC].
creditor who holds a pledge or
mortgage over property whose value is PAGCOR. Philippine Amusements and
much more than the debt. [Yau Chu v. Gaming Corporation.
CA, GR 78519. Sep. 26, 1989].
Paid-up capital stock. That portion of
Pacto de retro. Sp. A sale with right of the subscribed or outstanding capital
repurchase within a certain period of stock that is actually paid. [De Leon,
time. [Torres, Oblig. & Cont., 2000 Ed., Corp. Code of the Phil. Annotated, 1989
p. 353]. Ed., p. 53].
Pactum commissorium. A stipulation Pairing system. A system established

for automatic vesting of title over the under Circular No. 7 dated Sep. 23,
security in the creditor in case of the 1974 of the Supreme Court whereby
debtor's default. [Fernandez Vda. de every branch of the Regional Trial Court
Zulueta v. Octaviano, GR L-55350. Mar. shall be considered as paired with
28, 1983]. another branch. In the event of vacancy
in any branch, or of the absence or
disability of the judge thereof, all

455
incidental or interlocutory matters

pertaining to it may be acted upon by Panamax vessel. Vessel or ship of about
the judge of the other branch paired 60,000 to 70,000 dead weight tons
with it. The latter may likewise conduct capacity. [Sec. 1.2, IRR, EO 354 dated 5
trials or hearings on the merits in July 1996].
criminal cases with detention prisoners
assigned to the other branch, as well as Pancreatic carcinoma. A malignant new
in other kinds of cases, subject to the growth of the said organ, characterized
conformity of the parties. [SC Circ. 7, by loss of weight, pain and yellowish
Sep. 23, 1974]. discoloration of the skin. It affects
predominantly patients over forty-five
Pakyao. Tag. A labor contract whereby a (45) years of age. Predisposing factors
worker is paid by results. It is akin to a are age, sex, genetic influence and
contract for a piece of work whereby the presence of diabetes mellitus. [Navalta
contractor binds himself to execute a v. GSIS, GR L-46684. Apr. 27, 1988].
piece of work for the employer, in
consideration of a certain price or Pandectists. From Lat. pandect: all
consideration. The contractor may either receiving. Scholars who attempted to
employ his labor or skill, or also furnish prepare a pandect, or complete and
the material. [Dingcong v. Guingona, comprehensive treatise or digest of the
Jr., GR L-76044. June 28, 1988]. law. [Intl. Law Dict. & Direct., 2004].
Pakyaw system. As generally practiced Pangkat ng Tagapagkasundo. A

in our country, a labor contract between conciliation panel constituted for each
employers and employees, between dispute brought before the Lupong
capitalists and laborers. [Sunripe Tagapamayapa consisting of three (3)
Coconut Products Co. v. Court of members who are chosen by the parties
Industrial Relations, 83 Phil. 518, 523]. to the dispute from the list of members
of the Lupon. [Art. 197, IRR of RA
Palataw. Tag. Axe. [Angelo v. CA, GR 7160].
88392. June 26, 1992].
Panic. Legal Med. Acute and extreme
Palawan. The Philippine province anxiety with accompanying physiologic
composed of islands and islets located symptoms. [Olarte, Legal Med., 1st Ed.
747' and 1222' north latitude and (2004), p. 126].
11700' and 11951' east longitude,
generally bounded by the South China Panic-buying. The abnormal
Sea to the northwest and by the Sulu phenomenon where consumers buy
Sea to the east. [Sec. 3, RA 7611]. basic necessities and prime commodities
grossly in excess of their normal
Palengke. Tag. Also Common open requirement resulting in undue
markets. Markets with dry and wet shortages of such goods to the
sections, foodstalls, fruit and vegetable prejudice of less privileged consumers.
sections, etc., where the retailers or [Sec. 3, RA 7581].
market stall operators are lessees who
pay fixed rents for the use of market Panning. Recovering gold by the use of
space. [Cruz v. CA, GR L-44178. Aug. open round wooden or metal containers
21, 1987]. disphan-like in appearance by skillful
manipulation with hands. [Sec. 12, PD
Paltik. Tag. Home-made gun. [People v. 1150].
Morados, GR 46973. Nov. 19, 1940].
Paper caps. Minute amount of black
Palusong. Tag. Also Bayanihan. The powder spread in either small strips of
Filipino practice of exchange of labor paper on a small sheet used for
system. Also commonly known as children's toy guns. [Sec. 2, RA 7183].
"amuyo" or "tagnawa" in the Ilocos
regions and "salibot" or "ayon-ayon" in Par. Equal. [De Leon, Corp. Code of the
the Western Visayas. [De Guzman v. Phil. Annotated, 1989 Ed., p. 63].
Santos, GR L-16568. Nov. 30, 1962].

456
Paraffin test. 1. A test to reveal whether to 141, CC]. 2. The real and personal
the person tested has within recent property of any married woman which
hours fired a gun. [Morenos Law Dict., she may have at the time of marriage,
2000 Ed., p. 331]. 2. A test to or which she may thereafter acquire,
determine the presence of nitrates or which shall not be subject to the
gunpowder residues. [People v. Saulog, disposal of her husband, nor be liable
GR 48850. Jan. 31, 1944]. Also Nitrate for his debts, but shall continue to be
test. her sole and separate property as if she
were a femme sole. [Ossorio v.
Paragraphs. The division of the Posadas, GR 31088. Dec. 3, 1929, citing
allegations in the body of a pleading 13 RCL, 1147, Sec. 170].
into paragraphs so numbered as to be
readily identified, each of which shall Paraphilia. Unusual sexual activity in
contain a statement of a single set of which children are the preferred sexual
circumstances so far as that can be object. [Harvey v. Defensor-Santiago,
done with convenience. A paragraph GR L-82544. June 28, 1988, citing
may be referred to by its number in all Webster's 3rd New Intl. Dict., 1971 Ed.,
succeeding pleadings. [Sec. 2(a), Rule p. 1665].
7, RoC].
Parcel. A rectangular box, the dimension
Paralegal. 1. A person who is not a and weight of which is as specified by
lawyer or is not acting in that capacity the Corporation or the Government
but who provides a limited number of containing goods or some form of
legal services. [Duhaime's Legal Dict., transportable property intended for
2004]. 2. Also, Legal assistant. A person delivery to an addressee prominently
with legal skills who works under the displayed on at least one (1) of its sides.
supervision of a lawyer. [Glossary of [Sec. 2, RA 7354].
Pardon. Crim. Law. 1. An act of grace
Paramour. One who loves or is loved proceeding from the power entrusted
illicitly; one taking the place without the with the execution of the laws, which
legal rights of a husband or wife; exempts the individual on whom it is
mistress called also lover. [Fernandez bestowed from the punishment the law
v. Lantin, GR L-44759. Dec. 17, 1976, inflicts for a crime he has committed. It
citing Webster's 3rd New Intl. Dict., 1971 is a voluntary act of the sovereign,
ed., p. 1638]. granting outright remission of guilt and
declaring of record that a particular
Paraphernal property. 1. that which individual is to be relieved of the legal
the wife brings to the marriage without consequences of a particular crime.
including it in the dowry, and that which [Llamas v. Orbos, GR 99031. Oct. 15,
she later acquires without adding it 1991]. 2. An act of grace from
thereto. the wife retains the ownership governing power which mitigates
over such property; the husband cannot punishment and restores rights and
exercise any action of any sort with privileges forfeited on account of the
respect to such property without the offense. [Glossary of Legal Terms (Pro-
intervention or consent of his wife, who Se), 2004].
has the management of said property,
unless she has made it over to him Pardon. Succ. The act of the testator
before a notary in order that he may who, having subsequently known the
administer it, in which case the husband cause of unworthiness of the heir,
is bound to give a mortgage for the should condone them in writing.
value of the personal property received [Claridades, A., Compilation of Notes,
by him, or to give security therefor in 2001-2006].
the manner provided for in dowered
estate. The husband's personal Pardoning power of the President.
obligations shall not be collected from The power of the President to
the income of the paraphernal property, grant, except in cases of impeachment,
unless it be proved that the have been or as otherwise provided in the
for the benefit of the family. [Arts. 135 Constitution, reprieves, commutations

457
and pardons, and remit fines and the Civil Code, Tolentino, Vol. I, 1983
forfeitures, after conviction by final ed].
judgment, and to grant amnesty with
the concurrence of a majority of all the Parental leave of a solo parent. Leave
Members of the Congress. [Sec. 19, Art. benefits granted to a solo parent to
VII, 1987 Const.]. enable him/her to perform parental
duties and responsibilities where
Parens patriae. Lat. Parent of the physical presence is required. [Sec. 3,
country. 1. Role of State as sovereign RA 8972].
and guardian of persons under legal
disability. [Blacks Law Dict., Abr. 5th Ed. Parental liability principle. A species of
(1983), p. 579]. 2. The right of the what is frequently designated as
courts to make unfettered decisions vicarious liability, or the doctrine of
concerning people who are not able to "imputed negligence" under Anglo-
take care of themselves. For example, American tort law, where a person is not
court can make custody decisions only liable for torts committed by
regarding a child or an insane person, himself, but also for torts committed by
even without statute law to allow them others with whom he has a certain
to do so, based on their residual, relationship and for whom he is
common law-based parens patriae responsible. Thus, parental liability is
jurisdiction. [Duhaime's Legal Dict., made a natural or logical consequence
2004]. of the duties and responsibilities of
parents their parental authority
Parens patriae (father of his country) which includes the instructing,
doctrine. The doctrine refers to the controlling and disciplining of the child.
inherent power and authority of the [Tamargo v. CA, GR 85044. June 3,
state to provide protection of the person 1992].
and property of a person non sui juris.
Under that doctrine, the state has the Parental preference rule. The rule that
sovereign power of guardianship over a natural parent, father or mother, as
persons under disability. Thus, the state the case may be, who is of good
is considered the parens patriae of character and a proper person to have
minors. [67 CJS 624; Govt. of the P. I. the custody of the child and is
v. Monte de Piedad, 35 Phil. 728, 747; reasonably able to provide for such
31 Words & Phrases Judicially Defined, child, ordinarily is entitled to the custody
Per. Ed., pp. 99-100]. as against all persons. Accordingly, such
parents are entitled to the custody of
Parental and filial privilege. The their children as against foster or
privilege of a person against being prospective adoptive parents; and such
compelled to testify against his parents, entitlement applies also as against other
other direct ascendants, children or relatives of the child, including
other direct descendants. [Sec. 25, rule grandparents, or as against an agency
130, RoC]. or institution. [Luna v. IAC, GR L-68374.
June 18, 1985, citing pp. 207 & 208,
Parental authority. Also known in Vol. 67A CJS].
Roman law as Patria potestas. 1. The
authority and responsibility of the Parental responsibility. With respect to
parents in caring for and rearing their their minor children, the rights and
unemancipated children for civic duties of the parents as defined in Art.
consciousness and efficiency and the 220 of EO 209, as amended, otherwise
development of their moral, mental and known as the Family Code of the
physical character and well-being. [Art. Philippines [Sec. 3, RA 8972].
209, FC]. 2. The mass of rights and
obligations which parents have in Parent corporation. Also Holding
relation to the person and property of corporation. A corporation which is so
their children, until their majority age or related to another corporation that it
emancipation, and even after this under has the power, either directly or
certain circumstances. [2 Manresa 8, indirectly, to elect the majority of the
cited in p. 657, Comments & Jurisp. on directors of such other corporation. [De

458
Leon, Corp. Code of the Phil. Annotated, supposed to form part of one uniform
1989 Ed., p. 39]. Compare with system; that later statutes are
Subsidiary corporation. supplementary or complimentary to the
earlier enactments and in the passage
Parent education. 1. The various means of its acts the legislature is supposed to
of providing parents or legal guardians have in mind the existing legislation on
information about newborn screening. the same subject and to have enacted
[Sec. 4, RA 9288]. 2. The various formal its new act with reference thereto. [City
and alternative means of providing of Naga v. Agna, May 31, 1976, 71
parents with information, skills, and SCRA 176, 184].
support systems to assist them in their
roles as their children's primary Par in parem non habet imperium.
caregivers and educators. These include Lat. 1. An equal has no power over an
public and private parent education equal. [Jusmag v. NLRC, GR 108813.
programs linked to center, home and Dec. 15, 1994]. 2. All states are
media-based child care and education sovereign equals and cannot assert
programs. [Sec. 4, RA 8980]. jurisdiction over one another. [USA v.
Guinto, GR 76607. Feb. 26, 1990].
Pari delicto. Lat. In equal fault; in a
similar offense or crime; equal in guilt or Pari passu. Lat. Equitably and without
in legal fault. [Black's Laws Dict., 5th Ed., preference. This term is often used in
1004]. bankruptcy proceedings where creditors
are said to be pari passu which means
Pari delicto non oritur actio. Lat. that they are all equal and that
Where two persons are equally at fault distribution of the assets will occur
neither party may be entitled to relief without preference between them.
under the law. [Egao v. CA, GR 79787. [Duhaime's Legal Dict., 2004].
June 29, 1989].
Parish. A portion or subdivision of a
Parietal bone. A membrane bone of the diocese committed to the spiritual
roof of the skull. [Morenos Law Dict., jurisdiction or care of a priest or
2000 Ed., p. 333]. minister, called rector or pastor. In the
Protestant Episcopal Church, it is a
Parietal region. One or two bones territorial division usually following civil
between the occipetal (back) and frontal bounds, as those of a town. In the
bones of the skull. [Morenos Law Dict., Roman Catholic Church, it is usually
2000 Ed., p. 333]. territorial, but whenever there are
different rites and languages, the
Parieto temporal region. A region that boundaries and jurisdiction are
is not found in the forehead but determined by rite or language. [Roman
between the temple on the side of the Catholic Apostolic Administrator of
skull and back part of the head. Davao, Inc. v. Land Registration
[Morenos Law Dict., 2000 Ed., p. 333]. Commission, GR L-8451. Dec. 20,
1957].
Pari materia. Lat. Upon the same
subject. Statutes are said to be in pari Parking fee. The fee collected from
materia when they relate to the same public utility vehicles when they stop on
person or thing, or to the same class of any portion of the existing parking area
persons or things, or have the same for the purpose of loading or unloading
purpose or object. [City of Naga v. passengers or cargoes, no fee being
Agna, May 31, 1976, 71 SCRA 176, charged for mere passage. [City of
184]. Ozamis v. Lumapas, GR L-30727. July
15, 1975]. Compare with Toll fee.
Pari materia rule. When statutes are in
pari materia, the rule of Statutory Parkinson's disease or Parkinsonism.
Construction dictates that they should Scientifically known as Paralysis
be construed together. This is because agitans. A core syndrome of the late
all enactments of the same legislature middle life, occurring in most cases
on the same subject matter are between the ages of 50 and 60,

459
observed in all countries, ethnic groups, the prisoner promises to heed certain
socio-economic classes and in both conditions (usually set by a parole
sexes, resulting from an excessive loss board) and under the supervision of a
of melanin pigment and a degeneration parole officer. Any violation of those
of neurones in the substantia nigra, conditions would result in the return of
characterized by involuntary tremulous the person to prison. [Duhaime's Legal
motion, with lessened muscular power Dict., 2004]. 3. Supervised release of a
in parts of the body which are not in prisoner from imprisonment on certain
action and even when supported, an prescribed conditions which entitle him
expressionless face, poverty and to termination of his sentence. [Glossary
slowness of voluntary movement, of Legal Terms (Pro-Se), 2004].
stooped posture, rigidity and festinating
gait, the senses and intellect being Parol evidence. Rem. Law. 1. That oral
uninjured. [Yosores v. ECC, GR 97346. evidence presented during the trial of a
Mar. 23, 1992] case with the intention of altering
and/or changing the terms of a written
Park or playground. That portion of the contract. [Torres, Oblig. & Cont., 2000
subdivision which is generally not built Ed., p. 353]. 2. Oral or verbal evidence;
on and intended for passive or active evidence given by word of mouth in
recreation. [Sec. 3, BP 220]. court. [Glossary of Legal Terms (Pro-
Se), 2004].
Parliamentary immunities. Pol. Law.
The immunities granted to the members Parol evidence rule. Rem. Law. 1. The
of the Congress under Art. VI, Sec. 11 rule of evidence that when the terms of
of the 1987 Constitution which provides: an agreement have been reduced to
"A Senator or Member of the House of writing, it is to be considered as
Representatives shall, in all offenses containing all the terms agreed upon
punishable by not more than six years and there can be, between the parties
imprisonment, be privileged from arrest and their successors-in-interest, no
while the Congress is in session. No evidence of such terms other than the
member shall be questioned nor be held contents of the written agreement. [Sec.
liable in any other place for any speech 9, Rule 130, RoC]. 2. Under the rule,
or debate in the Congress or in any when the terms of an agreement have
committee thereof." [Mapa v. been reduced into writing, it is
Sandiganbayan, GR 100295. Apr. 26, considered as containing all the terms
1994]. agreed upon, and there can be,
between the parties and their
Parliamentary privilege of speech. successors-in-interest, no evidence of
Pol. Law. The immunity granted to the such terms other than the contents of
members of the Congress under Art. VI, the written agreement. However, a
Sec. 11 of the 1987 Constitution from party may present evidence to modify,
being questioned or from being held explain or add to the terms of the
liable in any other place for any speech written agreement if he puts in issue in
or debate in the Congress or in any his pleading, the failure of the written
committee thereof. [Claridades, A., agreement to express the true intent of
Compilation of Notes, 2001-2006]. See the parties thereto. [Mactan-Cebu Intl.
Parliamentary immunities. Airport Authority v. CA, GR 121506. Oct.
30, 1996; Sec. 9, Rule 130, RoC].
Par of change. See Legal exchange
rate. Parricide. Crim. Law. 1. The felony
committed by any person who shall kill
Parole. 1. It consists in the suspension of his father, mother, or child, whether
the sentence of a convict after serving legitimate or illegitimate, or any of his
the minimum of the sentence imposed ascendants, or descendants, or his
without granting a pardon, prescribing spouse. [Art. 246, RPC]. 2. Killing one's
the terms upon which the sentence shall father or another a family member or
be suspended. [Gregorio, Fund. of Crim. close relative. [Duhaime's Legal Dict.,
Law Rev., 1997 9th Ed., p. 322]. 2. An 2004].
early release from incarceration in which

460
Parricide. Crim. Law. Elements: (a) A Participante en el delito. Sp.

person is killed; (b) the deceased is Participant in the felony. See Particeps
killed by the accused; (c) the deceased criminis.
is the father, mother, or child, whether
legitimate or illegitimate, or a legitimate Participating preferred shares. Corp.
other ascendant or other descendant, or Law. Those that entitle the holders to
the legitimate spouse of the accused. participate with holders of common
[People v. Malabago, GR 115686. Dec. shares in the surplus profits after the
2, 1996, citing Reyes, The Rev. Penal amount of the stipulated dividends has
Code, Vol. 2, p. 414 (1993)]. been paid to holders of preferred shares
and holders of common shares. [Diaz,
Partial compensation. This takes place Bus. Law Rev., 1991 Ed., p. 249].
when the two obligations are of Compare with Non-participating
different amounts and a balance preferred shares.
remains unextinguished after the
compensation. [Torres, Oblig. & Cont., Participatory processes. The
2000 Ed., p. 141]. Compare with Total involvement of all the key sectors of
compensation. development, from the grassroots to the
policy-making bodies of the National
Partial default, effect of. When a Government, in providing the values and
pleading asserting a claim states a ideas from which strategic development
common cause of action against several and environmental protection action can
defending parties, some of whom come about. [Sec. 3, RA 7611].
answer and the others fail to do so, the
court shall try the case against all upon Particular average. Mar. Ins. 1. A loss
the answers thus filed and render happening to the ship, freight, or cargo
judgment upon the evidence presented. which is not shared by contributing
(Sec. 3(c), Rule 9, RoC]. among all those interested, but must be
borne by the owner of the subject to
Partial disability. Diminished capacity which it occurs. [Amer. Home Assurance
for securing employment due to v. CA, GR 94149. May 5, 1992, citing
disfigurement produced by an injury, Black's Law Dict., Rev. 4th Ed., p. 172].
can be considered as partial disability. 2. A loss to a ship or its cargo which is
[Sec. 22, RA 772]. not to be shared in by contributions
from all those interested, but is to be
Partiality. 1. Synonymous with "bias. borne by the owner of the injured thing.
[Fonacier v. Sandiganbayan, GR L- [Intl. Law Dict. & Direct., 2004].
50691. Dec. 5, 1994, citing 31 Words Compare with General average.
and Phrases 212]. 2. A disposition to
see and report matters as they are Particular lien. A right to retain the
wished for rather than as they are. property of another on account of labor
[Ibid., citing Phil. Law Dict., Moreno, 3rd employed or money expended on that
Ed., p. 103]. specific property. [Morenos Law Dict.,
2000 Ed., p. 334].
Partial succession. Intl. Law. Part of a
territory is transferred from one state to Particular partnership. A partnership
another. [Intl. Law Dict. & Direct., which has for its object determinate
2004]. things, their use or fruits, or specific
undertaking, or the exercise of a
Particeps criminis. Lat. 1. Criminal profession or vocation. [Art. 1783, CC].
partner. [People v. Pamon, GR 102005. Compare with Universal partnership.
Jan. 25, 1993]. 2. One who assists
another in any manner in carrying out a Partisan political activity. See
fraudulent purpose. [Haw Pia v. China Election campaign.
Banking Corp., GR L-554. Apr. 9, 1948,
citing Alberger v. White, 23 SW 92, 96]. Partition. 1. The separation, division and
assignment of a thing held in common
among those to whom it may belong.
The thing itself may be divided, or its

461
value. [Art. 1079, CC]. 2. A division

between two or more persons of real or Partus sequitur ventrem. Lat. The
personal property which they own as principle that the offspring belongs to
copartners, joint tenants or tenants in the owner of the female. [Jurado, Civil
common, effected by the setting apart Law Reviewer, 19th Ed. (1999), p. 289,
of such interests so that they may enjoy citing Art. 441, CC].
and possess it in severalty. [Villamor v.
CA, GR L-41508. June 27, 1988, citing Party. 1. A political party or a sectoral
La. Bickham v. Pitts, 171 So. 80, 185, party or coalition of parties. [Sec. 3, RA
La. 930]. 7941]. 2. A person or agency named or
admitted as a party, or properly seeking
Partners. Two or more persons who and entitled as of right to be admitted
carry on a business together and are as a party, in any agency proceeding;
each fully liable for all the debts of the but nothing herein shall be construed to
enterprise but they also share the prevent an agency from admitting any
profits exclusively. [Duhaime's Legal person or agency as a party for limited
Dict., 2004]. purposes. [Sec. 2, Chap. 1, Book VII,
EO 292]. 3. A person, business, or
Partnership. 1. A contract whereby two government agency actively involved in
or more persons bind themselves to the prosecution of defense of a legal
contribute money, property, or industry proceeding. [Glossary of Legal Terms
to a common fund, with the intention of (Pro-Se), 2004].
dividing the profits among themselves.
[Art. 1767, CC]. 2. A company of two or Party adversely affected. Admin. Law.
persons who co-own and manage a The person or the respondent employee
business and who are each liable to the against whom the administrative
full extent of their personal assets for its disciplinary case is filed. [UP v. CSC, GR
debts. An association of two or more 108740. Dec. 1, 1993].
persons who co-own and manage a
business for profit and who are each Party-in-interest. One who prosecutes
liable to the full extent of their personal or defends and is benefited or injured.
assets for its debts. [Intl. Law Dict. & The term applies not only to the plaintiff
Direct., 2004]. Also Joint venture. but to the defendant, and the suit may
be dismissed if neither of them is a real
Partnership by estoppel. A situation party-in-interest. [Travel Wide
where one represents himself to be a Associated Sales (Phils.), Inc. v. CA, GR
partner in an existing partnership 77356. July 15, 1991].
without the objection of the partners
despite the fact that he is not truly a Party-list system. A mechanism of
partner. If someone is misled, there can proportional representation in the
be liability on the part of the partnership election of representatives to the House
because there is partnership by of Representatives from national,
estoppel. [Albano, Civil Law Reviewer, regional and sectoral parties or
Rev. Ed., p. 414]. organizations or coalitions thereof
registered with the Commission on
Part performance. The receipt by one Elections (COMELEC). Component
of the parties of a certain sum of parties or organizations of a coalition
deposit from the other to give the latter may participate independently provided
the opportunity in the purchase of the the coalition of which they form part
thing object of the contract. [Claridades, does not participate in the party-list
A., Compilation of Notes, 2001-2006]. system. [Sec. 3, RA 7941].
Part-time position. A set of duties and Party-List System Act. RA 7941 entitled
responsibilities not requiring An Act providing for the election of
performance for the total number of party-list representatives through the
prescribed working hours per week, party-list system, and appropriating
specified as normal for the organization funds therefor enacted on Mar. 3,
in which the position is located. [Sec. 3, 1995.
PD 985].

462
Party wall. A wall used jointly by two recover his moral equanimity. [People v.
parties under easement agreement, Takbobo, GR 102984. June 30, 1993].
erected upon a line separating two
parcels of land each of which is a Passive personality principle. Intl.
separate real estate. [Sec. 3, BP 220]. Law. Doctrine that a court has criminal
jurisdiction if the victim is a national of
Par value. Face value or value equal to the forum state. [Intl. Law Dict. &
the face of the stocks or bonds. [De Direct., 2004].
Leon, Corp. Code of the Phil. Annotated,
1989 Ed., p. 63]. Passive solidarity. A kind of solidarity
where there are several debtors and
Par value shares. Corp. Law. 1. Shares only one creditor [Diaz, Bus. Law Rev.,
issued with a specific money value fixed 1991 Ed., p. 24] and where the solidary
in the articles of incorporation and debtors share equally in the obligation.
appearing in the certificate of stock. Its [Corpus v. Paje, GR L-26737. July 31,
primary purpose is to fix the minimum 1969, citing Art. 1208, Civil Code].
subscription or issue price of the shares, Compare with Active solidarity.
thus assuring creditors that the
corporation would receive a minimum Passive subject. The person from whom
amount for its stock. [De Leon, Corp. the prestation (duty) is demandable,
Code of the Phil. Annotated, 1989 Ed., otherwise known as the debtor or
p. 60]. 2. Shares issued by a company obligor. [Torres, Oblig. & Cont., 2000
which have a minimum price. Ed., p. 25]. Compare with Active
[Duhaime's Legal Dict., 2004]. Compare subject.
with No par value shares.
Passive subjective novation. A
Passbook. A record of savings account novation, under Art. 1293, Civil Code,
opened with any bank, issued by the which consists in the substitution of a
latter and should be presented to it in debtor and which may be in the form of
making deposits or withdrawals. Each expromission (where the initiative
transaction is entered in the passbook comes from a third person) or
such that at the end of each entry, the delegacion (where the initiative comes
outstanding balance of a particular from the debtor. [Morenos Law Dict.,
deposit account appears therein. 2000 Ed., p. 336].
[Morenos Law Dict., 2000 Ed., pp. 335-
336]. Passport. 1. An official document of
identity and nationality issued to a
Passenger. Any fare paying person being person intending to travel or sojourn in
transported and conveyed in and by a foreign countries [Phil. Legal Encyc.,
motor vehicle for transportation of 1986 Ed., p. 699]. 2. A warrant of
passengers for compensation, including protection and authority to travel
persons expressly authorized by law or between nations. [Intl. Law Dict. &
by the vehicle's operator or his agents Direct., 2000].
to ride without fare. [Sec. 373(b), IC].
Pasuray-suray. Tag. In a zigzag
Passion and obfuscation. Such manner. [People v. Siscar, GR L-55649.
powerful excitement as to overcome Dec. 3, 1985].
reason and self-control thereby
diminishing the exercise of will power. Patay-gutom. Tag. A derogatory remark
[US v. Salandanan, 1 Phil. 465 (1902)]. connoting abject poverty. [Gonzales v.
Arcilla, GR 27923. Nov. 18, 1991].
Passion and obfuscation. Requisites:
(a) There should be an act both Patent. 1. An exclusive privilege granted
unlawful and sufficient to produce such to an inventor to make, use or sale an
condition of mind; and (b) said act invention for a set number of years.
which produced the obfuscation was not Normally, no one company can retain a
far removed from the commission of the monopoly over a product or service
crime by a considerable length of time, because this is considered to be
during which the perpetrator might economically harmful to society. But as

463
a financial incentive to potential children. [Morenos Law Dict., 2000 Ed.,

inventors, the state grants a temporary p. 336].
monopoly to that inventor through the
issuance of a patent. [Duhaime's Legal Patrimonial property. Property over
Dict., 2004]. 2. A grant to an inventor of which the State has the same rights,
the right to exclude others for a limited and of which it may dispose, to the
time from make, using, or selling his same extent as private individuals in
invention in the (Philippines). [Glossary relation to their own property, subject
of Legal Terms (Pro-Se), 2004]. only to the administrative laws and
regulations on the procedure of
Patentable inventions. Any technical exercising such rights. They exist for the
solution of a problem in any field of State for attaining its economic ends, as
human activity which is new, involves an a means for its subsistence, and the
inventive step and is industrially preservation of its natural organism.
capable. [Kho v. CA, GR 115758, Mar. [Tolentino, Civil Code of the Phil., Vol.
19-2002]. II, Repr. 2001, p. 37, citing 3 Manressa
95-96].
Patent ambiguity. See Extrinsic
ambiguity. Patrimonial sea or economic zone.
Intl. Law. That expanse of sea
Paternity. The civil status of a father in extending two hundred nautical miles
relation to the children begotten by him. from the coast or baselines of the state
In its generic sense, it is also used to over which it asserts exclusive
designate the civil status of a mother in jurisdiction and ownership over all living
relation to the children begotten by her. and non-living resources found therein.
[Jurado, Civil Law Reviewer, 19th Ed. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
(1999), p. 196]. Compare with 75].
Filiation.
Patrimony. In its plain and ordinary
Pathologist. A duly registered physician meaning, the term pertains to heritage.
who is specially trained in methods of [Manila Prince Hotel v. GSIS, GR
laboratory medicine, of the gross and 122156. Feb. 3, 1997, citing Webster's
microscopic study and interpretation of 3rd New Intl. Dict., 1986 Ed., p. 1656].
tissues, secretions and excretions of the See National patrimony.
human body and its functions in order
to diagnose disease, follows its course, Pauper. A person so poor that he must
determine the effectivity of treatment, be supported at public expense; also a
ascertain cause of death and advance suitor who, on account of poverty, is
medicine by means of research. [Sec. 2, allowed to sue or defend without being
RA 5527]. chargeable with costs. [Enaje v. Ramos,
GR L-22109. Jan. 30, 1970, citing
Pathwalk or footpath. A public way Black's Law Dict., p. 629]. Compare with
intended for pedestrian and which cuts Indigent.
across a block to provide access to
adjacent streets or property with Pauper litigant. An indigent suitor at
maximum length of 100 meters if law. [Morenos Law Dict., 2000 Ed., p.
connecting to roads and 50 meters if 336].
terminating in a dead end. [Sec. 3, BP
220]. Pawn. The personal property delivered
by the pawner to the pawnee as
Patikim. Tag. This is a typical and security for a loan. [Sec. 3, PD 114].
laudable provinciano trait of sharing, a
native way of expressing gratitude for Pawnee. The pawnshop or pawnbroker.
favor received. [Caballes v. DAR, GR L- [Sec. 3, PD 114].
78214. Dec. 5, 1988].
Pawner. The borrower from a pawnshop.
Patria potestas. A Roman law concept [Sec. 3, PD 114].
of the sum total of the rights of parents
over the person and property of their

464
Pawnshop. A person or entity engaged pelagic and schooling species common

in the business of lending money on in deep waters. [Sec. 4, RA 8550].
personal property delivered as security
for loans and shall be synonymous, and Payee. 1. The party to whom the promise
may be used interchangeably, with is made or the instrument is payable;
pawnbroker or pawnbrokerage. [Sec. 3, the party in whose favor the bill is
PD 114]. drawn or is payable. 2. The person to
whom payment is addressed or given.
Pawnshop Regulation Act. PD 114 In family law, the term usually refers to
signed into law on Jan. 29, 1973. the person who receives or to whom
support or maintenance is owed. In
Pawn ticket. The pawnbrokers' receipt commercial law, the term refers to the
for a pawn. It is neither a security nor a person to whom a bill of exchange is
printed evidence of indebtedness. [Sec. made payable. On a regular check, the
3, PD 114]. space preceded with the words Pay to
the order of identifies the payee.
Pay. n. Compensation; wages; salary; [Duhaime's Legal Dict., 2004]. See
commission; fees. v. to discharge a debt Maker.
by tender of payment due; to deliver to
a creditor the value of a debt, either in Paying bank. The bank on which the
money or goods, for his acceptance. drafts are to be drawn. [Bank of
[Blacks Law Dict., Abr. 5th Ed. (1983), America v. CA, GR 105395. Dec. 10,
587]. 1993].
Payable on demand. An instrument Payment. It means not only the delivery

which: (a) is expressed to be payable on of money but also the performance, in
demand, or at sight, or on presentation; any other manner, of an obligation. [Art.
or (b) expresses no time for payment. 1232, CC]. It is synonymous with
[Sec. 7, NIL]. performance. [Diaz, Bus. Law Rev.,
1991 Ed., p. 35].
Payable to bearer. The instrument is
payable to bearer: (a) when it is Payment by cession. A special form of
expressed to be so payable; or (b) when payment whereby the debtor assigns or
it is payable to a person named therein abandons all his properties for the
or bearer; or (c) when it is payable to benefit of his creditors in order that the
the order of a fictitious or non-existing latter may sell the same and apply the
person, and such fact was known to the proceeds thereof to the satisfaction of
person making it so payable; or (d) their credits. [Diaz, Bus. Law Rev., 1991
when the name of the payee does not Ed., p. 43, citing Art. 1255, CC].
purport to be the name of any person;
or (e) when the only or last indorsement Payment by cession. Requisites: (a)
is an indorsement in blank. [Sec. 9, There must be two or more creditors;
NIL]. (b) the debtor must be at least partially
if not totally insolvent; (c) the cession
Payable to order. The instrument drawn must be accepted by the creditors.
payable to the order of a specified [Diaz, Bus. Law Rev., 1991 Ed., p. 43-
person or to him or his order. It may be 44].
drawn payable to the order of (a) a
payee who is not maker, drawer, or Payment for honor. Nego. Inst.
drawee; or (b) the drawer or maker; or Payment made by a person, whether a
(c) the drawee; or (d) two or more party to a bill or not, after it has been
payees jointly; or (e) one or some of protected for non-payment, for the
several payees; or (f) the holder of an benefit of any party liable thereon or for
office for the time being. [Sec. 8, NIL]. the benefit of the person for whose
account it was drawn. [Claridades, A.,
Payao. A fish aggregating device Compilation of Notes, 2001-2006].
consisting of a floating raft anchored by
a weighted line with suspended Payment in due course. Nego. Inst.
materials such as palm fronds to attract Payment made at or after the maturity

465
of the payment to the holder thereof in Peccata minuta. Minute errors, as in a

good faith and without notice that his testimony. [Morenos Law Dict., 2000
title is defective. [Art. 88, Art. 2031]. Ed., p. 337]. Harmless oversight.
[Peroxide Phils. Corp. v. CA, GR 92813.
Payment, special forms of. The special July 31, 1991].
forms of payment under the Civil Code
are: (a) dation in payment; (b) Pecuniary. Monetary; relating to money;
application of payments; (c) payment by financial; consisting of money or that
cession; and (d) tender of payment and which can be valued in money. [Blacks
consignation. [Diaz, Bus. Law Rev., Law Dict., Abr. 5th Ed. (1983), 589].
1991 Ed., p. 39].
Peddler. 1. Any person who, either for
Payment stopped. A banking phrase himself or on commission, travels from
indicating that the check was not paid place to place and sells his goods or
because there was a stop payment offers to sell and deliver the same. [Sec.
order from the drawer thereof. 131, RA 7160]. 2. A person who travels
[Morenos Law Dict., 2000 Ed., p. 337]. about the country with merchandise for
the purpose of selling it; he is an
Payor. The person who is making the itinerant trader who carries goods about
payment(s). In the context of family in order to sell them. He is an itinerant
law, the word would typically refer to individual, ordinarily without local
the person to a support or maintenance habitation or place of business, who
debtor. In commercial law, the word travels about the country carrying
refers to the person who makes the commodities for sale. [Ram Singh v.
payment on a check or bill of exchange. Insular Collector of Customs, GR 13669.
[Duhaime's Legal Dict., 2004]. Oct. 25, 1918].
Payroll period. A period for which Pedestrian lane. The area designed by
payment of wages is ordinarily made to law for pedestrians to cross a street.
the employee by his employer. [Sec. 78, [Morenos Law Dict., 2000 Ed., pp. 337-
NIRC, as amended]. 338].
Payroll reinstatement. A form of Pedigree. Lineage, descent, and

reinstatement which an employer may succession of families; line of ancestors
opt to exercise in lieu of an actual from which a person descends;
reinstatement. Here, the illegally genealogy. An account or register of a
dismissed employee is to receive his line of ancestors. Family relationship.
basic pay without the obligation of [Blacks Law Dict., Abr. 5th Ed. (1983),
rendering any service to the employer. 589].
This occurs when a Labor Arbiter
decides that an employee was illegally Pedophile. A person afflicted with
dismissed and as a consequence awards Pedophilia, a sexual perversion in which
reinstatement, pursuant to Art. 279 of children are preferred as sexual partner.
the Labor Code. [Labitag, Answers to [Duhaime's Legal Dict., 2004].
2005 Bar Exams Questions, UP Law
Complex]. Pedophilia. Legal Med. 1. A psycho-
sexual perversion involving children.
PDEA. The Philippine Drug Enforcement [Harvey v. Defensor-Santiago, GR L-
Agency created under Sec. 82, Art. IX of 82544. June 28, 1988, citing Kraft-
RA 9165. [Sec 3, RA 9165]. Ebbing Psychopatia Sexualis, p. 555]. 2.
A sexual perversion wherein a person
Peace. The state of quiet or tranquility; has the compulsive desire to have coitus
freedom from disturbance. [Morenos with a child of either sex. [Olarte, Legal
Law Dict., 2000 Ed., p. 337]. Med., 1st Ed. (2004), p. 113].
Pearl farm lease. Public waters leased Penal clause in an obligation. 1. An

for the purpose of producing cultured accessory undertaking to assume
pearls. [Sec. 4, RA 8550]. greater liability in case of breach of the
obligation [Diaz, Bus. Law Rev., 1991

466
Ed., p. 31]. 2. An accessory obligation necessary to preserve the assets of the

which the parties attach to a principal deceased until a hearing can be
obligation for the purpose of insuring convened on the validity of the will.
the performance thereof by imposing on Another example is an injunction
the debtor a special prestation pendente lite, to last only during the
(generally consisting in the payment of litigation and, again, designed simply to
a sum of money) in case the obligation preserve something until the decisive
is not fulfilled or is irregularly or court order is issued. [Duhaime's Legal
inadequately fulfilled. [Country Bankers Dict., 2004].
Ins. Corp. v. CA, GR 85161. Sep. 9,
1991 citing, Caguioa, Comments and Pending petition. In the Securities and
Cases on Civil Law, Vol. IV, 1st Ed., pp. Exchange Commission, an ongoing
199-200]. adjudication and full-blown hearing on
the merits of the corporations claim for
Penal clause in an obligation. Kinds: suspension of payments. [Morenos Law
(a) subsidiary penal clause where only Dict., 2000 Ed., p. 339].
the penalty can be imposed; and (b)
joint penal clause where both the Penology. 1. The science of prison
principal obligation and the penal clause management and rehabilitation of
can be enforced. [Diaz, Bus. Law Rev., criminals. [Blacks Law Dict., Abr. 5th Ed.
1991 Ed., p. 31] (1983), p. 590]. The various means of
fighting crimes as regards penalties and
Penal Code. See Revised Penal Code, other measures of security. [Gregorio,
The. Fund. of Crim. Law Rev., 1997 9th Ed.,
p. 15].
Penal law. Punishment imposed and
enforced by the state for a crime or Pension. 1. To a public servant, it is not
offense against its law. [People v. a gratuity but rather a form of deferred
Moran, GR 17905. Jan. 27, 1923]. compensation for services performed
and his right to it commences to vest
Penal statutes. Those laws by which upon his entry into the retirement
punishments are imposed for some system and becomes an enforceable
violation or transgression of some of obligation in court upon fulfillment of all
their provisions. [Rilloraza v. Arciaga, conditions under which it is to be paid.
GR L-23848. Oct. 31, 1967, citing 31 [Profeta v. Drilon, GR 104139. Dec. 22,
Words & Phrases, Perm. Ed., p. 589]. 1992]. 2. It is a gratuity only when it is
granted for services previously
Penalty. It signifies pain. In its juridical rendered, and which at the time they
sphere, it means the suffering were rendered gave rise to no legal
undergone, because of the action of obligation. [Pirovano v. Dela Rama
society, by one who commits a crime. Steamship, Co. GR L-5377. Dec. 29,
[Gregorio, Fund. of Crim. Law Rev., 1954, citing Words & Phrases,
1997 9th Ed., p. 199]. Permanent Ed., p. 675].
Penalty charges. Such amount, in Pensioner. 1. An SSS or GSIS member

addition to interest, imposed on the who receives pensions therefrom. [Sec.
credit card holder for non-payment of 1, RA 9241]. 2. Any person who
an account within a prescribed period. receives old-age or disability pension
[Sec. 3, RA 8484]. whether in lump sum or otherwise [Sec.
2, PD 1146].
Pena perpetua. Sp. Perpetual penalties.
[People v. Reyes, GR 101127-31. Aug. People. 1. Pol. Law. A body politic; the
7, 1992, citing Art. 70, RPC]. qualified voters granted the right to vote
by the existing Constitution and who
Pendente lite. Lat. During litigation. For therefore are "the sole organs through
example, if the validity of a will is which the will of the body politic can be
challenged, a court might appoint an expressed. [Javellana v. Exec. Sec., GR
administrator pendente lite with limited L-36142. Mar. 31, 1973, citing In re
powers to do such things as may be Opinion of Justices, 115 NE Rep. 922-

467
923]. 2. Intl. Law. The inhabitants of a who wrote it. [Intl. Law Dict. & Direct.,
state. They are regarded as a single unit 2004].
and must come from both sexes as to
be able to perpetuate themselves. Per curiam decision. An opinion of the
[Cruz, Intl. Law Reviewer, 1996 Ed., p. Court as a whole, there being no
36]. ponente although any member of the
Court may be assigned to write the
People power revolution. The February draft. [Prudential Bank v. Castro, AC
1986 revolution, a relatively peaceful 2756. Mar. 15, 1988].
one, where the Filipino people tore
themselves away from an existing Per curiam opinion. An unsigned
regime. This revolution also saw the opinion of the court. [Glossary of Legal
unprecedented rise to power of the Terms (Pro-Se), 2004].
Aquino government. [In Re: Puno, AM
90-11-2697-CA. June 29, 1992]. Per diem. A daily allowance given for
each day an officer or employee was
Peoples initiative. Const. Law. The away from his home base. [Lexal
power of the people to propose Laboratories v. National Chemical
amendments to the Constitution, or to Industries Workers Union, GR L-24632.
propose and enact legislations through Oct. 26, 1968].
an election called for the purpose.
[Suarez, Pol. Law Reviewer, 1st Ed., Perfection of an appeal. Labor. The
2002, p. 16]. filing within the prescribed period, of the
memorandum of appeal containing,
People's organization (PO). 1. A among others, the assignment of
bonafide association of citizens with error/s, the argument in support
demonstrated capacity to promote the thereof, the reliefs sought and posting
public interest and with identifiable of the appeal bond. [Sec. 1, Rule 1,
leadership, membership and structure. Book 5, IRR of LC].
Its members belong to a sector/s who
voluntarily band themselves together to Perfection (of the contract). (That
work for and by themselves for their stage which) takes place upon the
own upliftment, development and concurrence of the essential elements
greater good. [Sec. 4, RA 8550]. 2. A (of the contract). [Ang Yu v. CA, GR
self-help group belonging to the basic 109125. Dec. 2, 1994]. Compare with
sectors and/or disadvantaged groups Negotiation and Consummation.
composed of members having a
common bond of interest who Perform. The word applies to one who
voluntarily join together to achieve a plays a musical composition on a piano,
lawful common social or economic end. thereby producing in the air sound
[Sec. 3, RA 8425]. waves which are heard as music, and if
the instrument he plays on is a piano
Peptic ulcer. A stomach ulcer, an ulcer plus a broadcasting apparatus, so that
of the duodenum (the first part of the waves are thrown out, not only upon
small intestine), or an ulcer in the lower the air, but upon the other, then also he
part of the esophagus (gullet). is performing the musical composition.
[Landicho v. WCC, GR L-45996. Mar. 26, [Fil. Soc. of Composers, Authors And
1979, citing Atty.s Dict. of Med., Publishers, Inc. v. Tan, GR L-36402.
Schmidt ]. Mar. 16, 1987, citing Buck v. Russon,
No. 4489 25 F. Supp. 317].
Per capita. Lat. By the heads or polls;
according to the number of individuals; Performance bond. 1. A bond in cash,
share and share alike. [Blacks Law certified or cashier's check, or surety,
Dict., Abr. 5th Ed. (1983), 591]. required of winning bidders to
Compare with Per stirpes. guarantee performance of an order or
contract. [IRR on Supply & Prop. Mgt.,
Per curiam. Lat. By the court. An opinion per Sec. 383, LGC]. 2. A bond designed
which expresses the decision in the case to afford the project owner security that
but which does not identify the judge the bidder, now the contractor, will

468
faithfully comply with the requirements

of the contract awarded to the Period. Length of existence; duration. A
contractor and make good damages point of time marking a termination as
sustained by the project owner in case of a cause or an activity; an end, a limit,
of the contractor's failure to so perform. a bound; conclusion; termination. A
[Eastern Assurance & Surety Corp. v. series of years, months or days in which
IAC, GR 69450. Nov. 22, 1989]. something is completed. A time of
Compare with Proposal bond. definite length; the period from one
fixed date to another fixed date. [Capiral
Performance budget. Budget which v. Manila Electric Co., 119 Phil. 124
estimates target revenues and expenses (1963), cited in Moreno, Phil. Law Dict.,
for a given budget period. [Sec. 27, PD 3rd Ed.].
625].
Period. Kinds: (a) suspensive period (ex
Performance for profit. Within the die) where the obligation begins only
Copyright Law, the playing of music in from a day certain upon the arrival of
dine and dance establishment which the period; (b) resolutory period (in
was paid for by the public in purchases diem) in which the obligation takes
of food and drink. [Fil. Soc. of effect at once but terminates upon the
Composers, Authors And Publishers, Inc. arrival of the period; (c) legal period
v. Tan, GR L-36402. Mar. 16, 1987, which is fixed by law; (d) conventional
citing Buck v. Russon, No. 4489 25 F. or voluntary period which is agreed
Supp. 317]. upon by the parties; and (e) judicial
period which is fixed by the courts.
Performance of duties. The legal [Diaz, Bus. Law Rev., 1991 Ed., p. 16].
exercise of the functions of the person
or his agent in authority. [Morenos Law Periodical. A publication which appears
Dict., 2000 Ed., p. 340]. regularly but less often than daily.
Performance of illegal marriage 2004].
ceremony. Crim. Law. The felony
committed by priests or ministers of any Periodic payment of plan certificate.
religious denomination or sect, or civil (a) Any certificate, investment contract,
authorities who shall perform or or other security providing for a series
authorize any illegal marriage ceremony. of periodic payments by the holders,
[Art. 352, RPC]. and representing an undivided interest
in certain specified securities or in a unit
Performers. Actors, singers, musicians, or fund of securities purchased wholly or
dancers, and other persons who act, partly with the proceeds of such
sing, declaim, play in, interpret, or payments, and (b) any security the
otherwise perform literary and artistic issuer of which is also issuing securities
work. [Sec. 202, RA 8293]. of the character described in clause (a)
and the holder of which has
Perils of the seas. Also Perils of substantially the same rights and
navigation. 1. All kinds of marine privileges as those which holders of
casualties, such as shipwreck, securities of the character described in
foundering, stranding, collision and said clause have upon completing the
every specie of damage done to the ship periodic payments for which such
or goods at sea by the violent action of securities provide. [Sec. 3, RA 2629].
the winds or waves. They do not
embrace all loses happening on the sea. Peripheral neuritis. A syndrome of
[Choa Tiek Seng v. CA, GR 84507. sensory motor, reflect and basomotor
March 15, 1990]. 2. Extraordinary reflex symptoms produced by lesion of
happenings of the seas, including nerve root on peripheral nerves.
stranding, sinking, collision of the [Galanida v. ECC, GR L-70660. Sep. 24,
vessel, damage due to unusually heavy 1987].
weather. [Tiopianco, Commentaries &
Jurisp. on the Ins. Code of the Phil., Perishable goods. Those which decay
1999 Ed., p. 109]. and lose their value if not speedily put

469
to their intended use. [Morenos Law any part of his body. [Abaya v. ECC, GR
Dict., 2000 Ed., p. 340]. 64255. Aug. 16, 1989, citing Sec. 2,
Rule VII, Amended Rules on Employees'
Peritonitis. Massive infection, in the Compensation].
abdominal cavity. [People v. Ritter, GR
88582. Mar. 5, 1991]. Permanent Protection Order or PPO.
Protection order issued by the court
Perjury. 1. The willful and corrupt after notice and hearing. [Sec. 16, RA
assertion of falsehood under oath or 9262]. Compare with Temporary
affirmation administered by authority of Protection Order.
law on a material matter. [Gregorio,
Fund. of Crim. Law Rev., 1997 9th Ed., Permanent statute. A statute whose
p. 479]. 2. The criminal offense of operation is not limited to a particular
making a false statement under oath. period of time but which continues in
[Glossary of Legal Terms (Pro-Se), force until it is duly altered or repealed.
2004]. 3. An intentional lie given while E.g.: Labor Code. [Suarez, Stat. Con.,
under oath or in a sworn affidavit. (1993), p. 95]. Compare with
[Duhaime's Legal Dict., 2004]. Temporary statute.
Perjury. Elements: (a) Statement in the Permanent total disability. 1.

affidavit upon material matter made Disablement of an employee to earn
under oath; (b) The affiant swears to wages in the same kind of work, or
the truthfulness of the statements is his work of a similar nature that she was
affidavit before a competent officer trained for or accustomed to perform, or
authorized to administer oath; (c) There any kind of work which a person of her
is a willful and deliberate assertion of mentality and attainment could do.
falsehood; and (d) Sworn statement [Tolosa v. ECC, GR 60509, May 8, 1985,
containing the falsity is required by law. 136 SCRA 335, 340 citing Landicho v.
[People v. Bautista (C.A., 40 OG 2491)]. WCC; Marcelino v. 7-Up, GR L-30443,
Oct. 31, 1972, 47 SCRA 343]. 2.
Permanent forest or forest reserves. Inability to do substantially all material
Those lands of the public domain which acts necessary to prosecution of an
have been the subject of the present occupation for remuneration or profit in
system of classification and determined substantially customary and usual
to be needed for forest purposes. [Sec. manner. [Phil. Law Dict., 3rd Ed. (1988)
3, PD 705]. citing Salonga v. GSIS, 57 OG 5722]. 3.
The lack of ability to follow continuously
Permanent injunction. A court order some substantially gainful occupation
requiring that some action be taken, or without serious discomfort or pain and
that some party refrain from taking without material injury or danger to life.
action. It differs from forms of [Medina v. ECC, GR 62406, Mar. 22,
temporary relief, such as a temporary 1984, 128 SCRA 349, 356]. Compare
restraining order or preliminary with Temporary total disability.
injunction. [Glossary of Legal Terms
(Pro-Se), 2004]. Permissive counterclaim. A
counterclaim which does not arise out of
Permanent partial disability. 1. It nor is necessarily connected with the
accrues or arises when the loss subject matter of the opposing party's
reduction of earning capacity amounts claim. It is not barred even if not set up
to less than seventy-five percent or in the action. [Lopez v. Gloria, 40 Phil.
when the aggregate loss or reduction of 26]. Compare with Compulsory
earning capacity resulting from more counterclaim.
than one injury and/or disease-amounts
to less than one hundred percent, as a Permissive joinder of parties. The act
result of an irrecoverable anatomical of joining as plaintiffs or being joined as
loss. [Sec. 2, PD 1146]. 2. A disability is defendants in one complaint all persons
partial permanent if as a result of the in whom or against whom any right to
injury or sickness the employee suffers relief in respect to or arising out of the
a permanent partial loss of the use of same transaction or series of

470
transactions is alleged to exist, whether enforcement of some contract or

jointly, severally, or in the alternative, recovery of damages for the commission
where any question of law or fact of an injury the person or property.
common to all such plaintiffs or to all [Hernandez v. DBP, GR L-31095. June
such defendants may arise in the action. 18, 1976]. Compare with Real action.
[Sec. 6, Rule 3, RoC].
Personal canvass. A mode of
Permit. Not a contract, by its nature, but procurement allowed as an exception to
a special privilege. [Morenos Law Dict., public bidding whereby designated
2000 Ed., p. 341]. canvassers request price quotations
from at least three (3) responsible
Permittee. The holder of an exploration suppliers in the locality. [IRR on Supply
permit. [Sec. 3, RA 7942]. & Prop. Mgt., per Sec. 383, LGC].
Perpetuities, rule against. A common Personal cultivation. Cultivation by the

law rule that prevents suspending the lessee or lessor in person and/or with
transfer of property for more then 21 the aid of labor from within his
years or a lifetime plus 21 years. For immediate household. [Sec. 166, RA
example, if a will proposes the transfer 3844].
of an estate to some future date, which
is uncertain, for either more than 21 Personal easement. A restrictive
years after the death of the testator or covenant, annotated on the title, against
for the life of a person identified in the erecting any building within a specified
will and 21 years, the transfer is void. distance from a given line, and
[Duhaime's Legal Dict., 2004]. constituting a limitation on ownership,
imposed by the party transmitting
Perpetuity. Forever; of unlimited property by contract or imposed by the
duration. There is a strong bias in the owner itself. [Morenos Law Dict., 2000
law against things that are to last in Ed., p. 342].
perpetuity. Rights that are to last
forever are said to hinder commerce as Personal health services. Health
an impediment to the circulation of Services in which benefits accrue to the
property. That is why there is a rule individual person. These are categorized
against perpetuities. [Duhaime's Legal into inpatient and outpatient services.
Dict., 2004]. [Sec. 1, RA 9241].
Person. 1. Any entity, natural or juridical, Personal holding company income.

including among others, a corporation, The portion of the gross income which
partnership, trust or estate, joint stock consists, inter alia, of dividends, without
company, association, syndicate, joint any qualification at all as to the term
venture or other unincorporated dividends, i.e., all dividends earned by
organization or group capable of the company whether or not such
acquiring rights or entering into dividends have already been subject to
obligations. [Sec 3, RA 9165]. 2. Every the 10% final tax. [Morenos Law Dict.,
natural or juridical being, susceptible of 2000 Ed., p. 342].
rights and obligations or of being the
subject of legal relations. [Sec. 131, RA Personality to sue, lack of. It refers to
7160]. 3. An individual, partnership, the fact that the plaintiff is not the real
association, corporation or any other party in interest. [Columbia Pictures v.
combination of individuals. [Sec. 3, BP CA, GR 110318. Aug. 28, 1996].
39]. 4. An individual, trustee, receiver, Compare with Capacity to sue, lack
or other fiduciary, partnership, of.
corporation, business trust or other
association, and two more persons Personal jurisdiction. Pol. Law. The
having a joint or common interest. [Sec. power of jurisdiction of the state over its
3, PD 115]. nationals, which may be exercised by
the state even if the individual is outside
Personal action. An action brought for the territory of the state. [Suarez, Pol.
the recovery of personal property, of the Law Reviewer, 1st Ed., 2002, p. 34].

471
is not known, or he has no office, then

Personal liability. Corp. Law. Personal by leaving the copy, between the hours
liability of a corporate director, trustee of eight in the morning and six in the
or officer along (although not evening, at the party's or counsel's
necessarily) with the corporation may so residence, if known, with a person of
validly attach, as a rule, only when sufficient age and discretion then
(a) he assents (1) to a patently unlawful residing therein. [Sec. 6, Rule 13, RoC].
act of the corporation, or (2) for bad
faith, or (3) for conflict of interest, Personal service of summons.
resulting in damages to the corporation, Handing a copy of the summons to the
its stockholders or other persons; (b) he defendant in person, whenever
consents to the issuance of watered practicable, or, if he refuses to receive
stocks or who, having knowledge and sign for it, by tendering it to him.
thereof, does not forthwith file with the [Sec. 6, Rule 14, RoC].
corporate secretary his written objection
thereto; (c) he agrees to hold himself Personal servitude. A servitude
personally and solidarily liable with the constituted not in favor of a particular
corporation; or (d) he is made, by a tenement (a real servitude) but rather,
specific provision of law, to personally for the benefit of the general public. In
answer for his corporate action. [Tramat a personal servitude, there is therefore
Mercantile, Inc. v. CA, GR 111008. Nov. no owner of a dominant tenement to
7, 1994]. speak of, and the easement pertains to
persons without a dominant estate, in
Personal novation. Also Subjective this case, the public at large. [Solid
novation. The extinguishment of an Manila Corp. v. Bio Hong Trading, GR
obligation by a subsequent one which 90596. Apr. 8, 1991].
terminates it, either by substituting a
new debtor in place of the old one, or Personal tax. Tax of fixed amount upon
by subrogating a third person to the all persons of a certain class within the
rights of the creditor. [Caned v. CA, GR jurisdiction without regard to property,
81322. Feb. 5, 1990]. Compare with occupation or business in which they
Real novation or Objective may be engaged. [Claridades, A.,
Novation. Compilation of Notes, 2001-2006].
Personal property. Anything a person Personal union. Intl. Law. It comes into
owns other than real estate. [Glossary being when two or more states are
of Legal Terms (Pro-Se), 2004]. brought together under the same
monarch, who nevertheless does not
Personal recognizance. In criminal constitute one international person for
proceedings, the pretrial release of a the purpose of representing all of them.
defendant without bail upon his promise [Cruz, Intl. Law Reviewer, 1996 Ed., p.
to return to court. [Glossary of Legal 14]. Compare with Real union.
Terms (Pro-Se), 2004]. See also
Recognizance. Person in authority. 1. Any person
directly vested with jurisdiction, whether
Personal representative. The person as an individual or as a member of some
who administers an estate. If named in court or governmental corporation,
a will, that person's title is an executor. board or commission. 2. Any person
If there is no valid will, that person's directly vested with jurisdiction, whether
title is an administrator. [Glossary of as an individual or as a member of some
Legal Terms (Pro-Se), 2004]. court or governmental corporation,
board, or commission. A barrio captain
Personal service of pleadings and and a barangay chairman shall also be
other papers. Service of papers made deemed a person in authority. In
by delivering personally a copy thereof applying the provisions of Art. 148 and
to the party or his counsel, or by leaving 151 of the Rev. Penal Code, teachers,
it in his office with his clerk or with a professors and persons charged with the
person having charge thereof. If no supervision of public or duly recognized
person is found in his office, or his office private schools, colleges and

472
universities, and lawyers in the actual

performance of their professional duties Pesada. A receipt issued by copra dealer
or on the occasion of such performance, for the purchase of coconut and copra.
shall be deemed persons in authority. [Morenos Law Dict., 2000 Ed., p. 343].
[Art. 152, RPC, as amended by PD 299
and BP 873]. Pesticide. Any substance or product, or
mixture thereof, including active
Person liable for tax. A person subject ingredients, adjuvants, and pesticide
to tax and properly considered a formulations, intended to control,
taxpayer. [Comm. of Int. Rev. v. Procter prevent, destroy, repel or mitigate
& Gamble Phil. Manufacturing Corp., GR directly or indirectly, any pest. The term
66838. Dec. 2, 1991]. shall be understood to include
insecticide, fungicide, bactericide,
Personnel action. The movement of nematocide, herbicide, molluscicide,
personnel in the civil service and avicide, rodenticide, plant regulator,
includes appointment through defoliant, desciccant and the like. [Sec.
certification, promotion, transfer, 3, PD 1144].
reinstatement, re-employment, detail,
reassignment, demotion, and Pest infested. A tree severely damaged
separation. [Cruz v. CA, GR 119155. by rhino beetle, spike month, caterpillar
Jan. 30, 1996]. and other destructive insects and
animals. [Sec. 3, PCA Admin. Order 1-
Personnel officer. The highest 95].
Administrative Officer/Human Resource
Management Officer in the unit, section Petition. 1. Rem. Law. The formal,
or department and/or agency or any written document submitted to a court,
person acting in such capacity as and which asks for the court to redress
authorized by the head of office. [CSC what is described in the petition as
Circ. 43-91]. being an injustice of some kind.
Petitions set out the facts, identifies the
Personnel or staff of illegal numbers law under which the court is being
game operation. Any person, who asked to intervene, and ends with a
acts in the interest of the maintainer, suggested course of action for the court
manager or operator, such as, but not to consider (e.g., payment of damages
limited to, an accountant, cashier, to the plaintiff). [Duhaime's Legal Dict.,
checker, guard, runner, table manager, 2004]. 2. Elec. Laws. The written
usher, watcher, or any other personnel instrument containing the proposition
performing such similar functions in a and the required number of signatories.
building structure, vessel, vehicle, or It shall be in a form to be determined by
any other place where an illegal and submitted to the Commission on
numbers game is operated or Elections. [Sec. 3, RA 6735].
conducted. [Sec. 2, RA 9287].
Petitioner. The person filing an action in
Persons primarily liable on a court of original jurisdiction. Also, the
instrument. Nego. Inst. The person person who appeals the judgment of a
who, by the terms of the instrument, is lower court. [Glossary of Legal Terms
absolutely required to pay the same. All (Pro-Se), 2004]. See Respondent.
other parties are "secondarily" liable.
[Sec. 192, NIL]. Petition for relief from judgment.
Rem. Law. A special remedy in which
Person with HIV. An individual whose equity and justice justify the grant to
HIV test indicates, directly or indirectly, give the petitioner a last chance to
that he/she is infected with HIV. [Sec. defend his right or protect his interest.
4, RA 8496]. It is available only after a decision or
judgment from which relief is sought
Per stirpes. Lat. By roots or stocks; by has became final and executory. [Garcia
representation. [Blacks Law Dict., Abr. v. CA, GR 96141. Oct. 2, 1991].
5th Ed. (1983), 5971]. Compare with
Per capita.

473
Petroleum. 1. The naturally occurring petroleum through distillation, cracking,

mixture of compounds of hydrogen and solvent refining and chemical treatment
carbon with a small proportion of coming out as primary stocks from the
impurities and shall include any mineral refinery such as, but not limited to: LPG,
oil, petroleum gas, hydrogen gas, naphtha, gasolines, solvent, kerosenes,
bitumen, asphalt, mineral wax, and all aviation fuels, diesel oils, fuel oils,
other similar or naturally-associated waxes and petrolatums, asphalt,
substances, with the exception of coal, bitumens, coke and refinery sludges, or
peat, bituminous shale and/or other such refinery petroleum fractions which
stratified mineral fuel deposits. [Sec. 4, have not undergone any process or
RA 8479]. 2. Any mineral oil treatment as to produce separate
hydrocarbon gas, bitumen, asphalt, chemically-defined compounds in a pure
mineral gas and all other similar or or commercially pure state and to which
naturally associated substances with the various substances may have been
exception of coal, peat, bituminous added to render them suitable for
shale and/or other stratified mineral fuel particular uses: Provided, That the
deposits. [Sec. 3, PD 87]. resultant product contains not less than
fifty percent (50%) by weight of such
Petroleum Act of 1949. RA 387, as petroleum products. [Sec. 4, RA 8479].
amended, entitled An Act to promote
the exploration, development, Pettifogger. A petty or underhanded
exploitation, and utilization of the lawyer or an attorney who sustains a
petroleum resources of the Philippines; professional livelihood on disreputable
to encourage the conservation of such or dishonorable business. The word has
petroleum resources; to authorize the also taken on an common usage
Sec. Of Agriculture And Natural definition referring to anyone prone to
Resources to create an Administration quibbling over details. [Duhaime's Legal
Unit and a Technical Board in the Dict., 2004].
Bureau of Mines; to appropriate funds
therefor; and for other purposes Petty offense. A minor crime and for
enacted on June 18, 1949. which the punishment is usually just a
small fine or short term of
Petroleum in commercial quantity. imprisonment. [Duhaime's Legal Dict.,
Petroleum in such quantities which will 2004].
permit its being economically developed
as determined by the contractor after Pharmaceutical laboratory. See Drug
taking into consideration the location of laboratory.
the reserves, the depths and number of
wells required to be drilled and the Pharmaceuticals, proprietary
transport and terminal facilities needed medicines or pharmaceutical
to exploit the reserves which have been specialties. Any drug, preparation or
discovered. [Sec. 3, PD 87]. mixture of drugs marked under a trade
name and intended for the cure,
Petroleum operations. Searching for mitigation or prevention of disease in
and obtaining petroleum within the man or animals. [Sec. 42, RA 5921].
Philippines through drilling and pressure
or suction or the like, and all other Pharmacy or drug store. A place or
operations incidental thereto. It includes establishment where drugs, chemical
the transportation, storage, handling products, active principles of drugs,
and sale (whether for export or for pharmaceuticals, proprietary medicines
domestic consumption) of petroleum so or pharmaceutical specialties, devices,
obtained but does not include any: (a) and poisons are sold at retail and where
transportation of petroleum outside the medical, dental and veterinary
Philippines; (b) processing or refining at prescriptions are compounded and
a refinery; or (c) any transactions in the dispensed. [Sec. 42, RA 5921].
products so refined. [Sec. 3, PD 87].
Pharmacy, practice of. A person shall
Petroleum products. Products formed be deemed to be practicing pharmacy
in the course of refining crude who shall, for fee, salary, percentage or

474
other reward paid or given directly to updated yearly by the DOE for
himself or indirectly through another, submission to Congress pursuant to RA
prepare or manufacture, analyze, assay, 7638. [Sec. 4, RA 9136].
preserve, store, distribute or sell any
medicine, drug, chemicals, cosmetics, Philippine Environment Code. PD
pharmaceuticals, devices or 1152 signed into law on June 6, 1977.
contrivances used in pursuance thereof;
or render pharmaceutical service in any Philippine Extradition Law. PD 1069
office or drug and cosmetic entitled Prescribing the procedure for
establishment where scientific, the extradition of persons who have
technological or professional knowledge committed crimes in a foreign country
of pharmacy is applied; or engage in signed into law on Jan. 13, 1977.
teaching scientific, technological or
professional pharmacy subject in a Philippine Fisheries Code of 1998,
college of pharmacy; or conduct or The. RA 8550 entitled An Act providing
undertake scientific pharmaceutical for the development, management and
research for biological and conservation of the fisheries and aquatic
bacteriological testings and resources, integrating all laws pertinent
examinations. [Sec. 23, RA 5921]. thereto, and for other purposes
enacted on Feb. 25, 1998.
Philippine AIDS Prevention and
Control Act of 1998. RA 8504 entitled Philippine flag vessel. A vessel or
An act promulgating policies and watercraft registered under Philippine
prescribing measures for the prevention laws. [Sec. 3, PD 474].
and control of HIV/AIDS in the
Philippines, instituting a nationwide Philippine highway. Any road, street,
HIV/AIDS information and educational passage, highway and bridges or any
program, establishing a comprehensive part thereof, or railway or railroad
HIV/AIDS monitoring system, within the Philippines, used by persons
strengthening the Philippine National or vehicles, or locomotives or trains for
AIDS Council, and for other purposes the movement or circulation of persons
enacted on Feb. 13, 1998. or transportation of goods, articles or
property or both. [Sec. 2, PD 532].
Philippine Amusements and Gaming
Corporation (PAGCOR). A Philippine languages. The indigenous
government corporation created by languages of the Philippines, including
virtue of PD 1067-A dated Jan. 1, 1977 the national language and the regional
and granted a franchise under PD 1067- and local languages. [Sec. 3, RA 7104].
B also dated Jan. 1, 1977 "to establish,
operate and maintain gambling casinos Philippine Librarianship Act. RA 6966
on land or water within the territorial entitled An Act regulating the practice
jurisdiction of the Philippines. [Basco v. of librarianship and prescribing the
PAGCOR, GR 91649. May 14, 1991]. qualifications of librarians enacted on
Sep. 19, 1990.
Philippine Carabao Act of 1992. RA
7307 entitled An Act creating the Philippine Medical Care Commission.
Philippine Carabao Center to propagate The Philippine Medical Care Commission
and promote the Philippine carabao and created under RA 6111, as amended.
for other purposes enacted on Mar. 27, [Sec. 1, RA 9241].
1992.
Philippine Midwifery Act of 1992. RA
Philippine corporation. A corporation 7392 entitled An Act revising Republic
organized under Philippine laws at least Act No. 2644, as amended, otherwise
sixty per cent of the capital of which is known as the Philippine Midwifery Act
owned and held by citizens of the enacted on Apr. 10, 1992.
Philippines. [Sec. 3, PD 87].
Philippine Mining Act of 1995. RA
Philippine energy plan (PEP). The 7942 entitled An Act instituting a new
overall energy program formulated and system of mineral resources exploration,

475
development, utilization, and purposes. [Sec. 48, Title 1, Chap. I, EO

conservation enacted on Mar. 3, 1995. 292].
Philippine national. A citizen of the Philippine Reports. Abbrev. Phil.

Philippines; or a partnership or Publication of court decisions of the
association wholly owned by and Supreme Court from 1901 to 1960.
composed of citizens of the Philippines; [Claridades, A., Compilation of Notes,
or a corporation organized under the 2001-2006].
laws of the Philippines of which at least
sixty per cent of the capital stock Philippine science high schools
outstanding and entitled to vote is (PSHS). Secondary schools offering
owned and held by Philippine citizens; scholarships to deserving students who
or a trustee of funds for pensions or shall be admitted and trained under a
other employee retirement or separation curriculum specially designed to prepare
benefits, where the trustee is a them for careers in Science and
Philippine national and at least sixty per Technology (S&T). [Sec. 4, RA 8496].
cent of the funds will accrues to the
benefit of the Philippine nationals: Philippine Science High School
Provided, That where a corporation and (PSHS) System Act of 1997. RA 8496
its non-Filipino stockholders own stock entitled An Act to establish the
in an enterprise, at least sixty percent of Philippine Science High School System
the members of the governing board of and providing funds therefor enacted
both corporations must be Philippine on Feb. 12, 1998.
nationals. [Sec. 3, PD 474].
Philippines shipping companies.
Philippine national drug formulary. Philippine nationals registered and
The essential drugs list for the licensed under the laws of the
Philippines which is prepared by the Philippines to engage in the business of
National Drug Committee of the DOH in overseas and/or domestic water
Consultation with experts and specialists transportation. [Sec. 3, PD 474].
from organized profession medical
societies, medical academe and the Philippine Sports Commission Act,
pharmaceutical industry, and which is The. RA 6847 entitled An Act creating
updated every year. [Sec. 1, RA 9241]. and establishing the Philippine Sports
Commission, defining its powers,
Philippine National Police Reform functions and responsibilities,
and Reorganization Act of 1998. RA appropriating funds therefor, and for
8551 entitled An Act providing for the other purposes enacted on Jan. 24,
reform and reorganization of the 1990.
Philippine National Police and for other
purposes, amending certain provisions Philippine Teachers
of Republic Act Numbered Sixty-Nine Professionalization Act of 1994. RA
Hundred and Seventy-Five entitled, "An 7836 entitled An act to strengthen the
Act establishing the Philippine National regulation and supervision of the
Police under a re-organized Department practice of teaching in the Philippines
of the Interior and Local Government, and prescribing a licensure examination
and for other purposes enacted on Feb. for teachers and for other purposes
25, 1998. enacted on Dec. 16, 1994.
Philippine Overseas Shipping Philippine Tourism Authority (PTA).

Development Act. RA 7471 entitled The agency created under PD 189 to
An Act to promote the development of implement the policies and programs of
Philippine overseas shipping enacted on the Department of Tourism (DOT).
May 5, 1992. [Claridades, A., Compilation of Notes,
2001-2006].
Philippine passport. An official
document of identity of Philippine Philippine Veterans Administration
citizenship of the holder issued for travel Office (PVAO). The agency created
under RA 2664 which administers a

476
system of benefits for Filipino veterans [Olarte, Legal Med., 1st Ed. (2004), p.
and their dependents. 150].
Philippine waters. 1. All bodies of water Phobic disorders. Legal Med. This
within the Philippine territory such as involves persistent, unrealistic and
lakes, rivers, streams, creeks, brooks, intense anxiety in response to specific
ponds, swamps, lagoons, gulfs, bays external situations. [Olarte, Legal Med.,
and seas and other bodies of water now 1st Ed. (2004), p. 127].
existing or which may hereafter exist in
the provinces, cities, municipalities, and Physiatrist. A legally qualified and
barangays and the waters around, licensed physician specializing in the
between and connecting the islands of practice of rehabilitation medicine.
the archipelago regardless of their
breadth and dimensions, the territorial Physical condition. The tangible state
sea, the sea beds, the insular shelves, of the property. [Memo. from the Exec.
and all other waters over which the Sec. dated Aug. 20, 1998].
Philippines has sovereignty and
jurisdiction including the 200-nautical Physical injuries. Bodily injuries. In its
miles Exclusive Economic Zone and the generic sense, the term includes
continental shelf. [Sec. 4, RA 8550]. 2. homicide through reckless imprudence.
All bodies of water, such as but not [Morenos Law Dict., 2000 Ed., p. 344].
limited to, seas, gulfs, bays around,
between and connecting each of the Physical injuries inflicted in a
Islands of the Philippine Archipelago, tumultuous affray. Crim. Law. The
irrespective of its depth, breadth, length felony committed when in a tumultuous
or dimension, and all other waters affray as referred to in Art. 251 of the
belonging to the Philippines by historic Rev. Penal Code, only serious physical
or legal title, including territorial sea, the injuries are inflicted upon the
sea-bed, the insular shelves, and other participants thereof and the person
submarine areas over which the responsible thereof cannot be identified.
Philippines has sovereignty or [Art. 252, RPC].
jurisdiction. [Sec. 3, PD 704; Sec. 1, PD
534; Sec. 2, PD 532]. Physical law. Universal rule of action
that governs the conduct and movement
Philippine waters, classification or of things which are non-free and
reclassification of. The categorization material. [Suarez, Stat. Con., (1993), p.
of all water bodies taking into account, 37].
among others, the following: (a)
Existing quality of the body of water; (b) Physically neglected child. There is
size, depth, surface area covered, physical neglect when the child is
volume, direction, rate of flow and malnourished, ill clad and without
gradient of stream; (c) most beneficial proper shelter. [Art. 141, PD 603].
existing and future use of said bodies of
water and lands bordering them, such Physical therapy. The art and science of
as for residential, agricultural, treatment by means of therapeutic
aquacultural, commercial, industrial, exercises, heat, cold, light, water,
navigational, recreational, wildlife manual manipulation, electricity, and
conservation and aesthetic purposes; other physical agents. [Sec. 2, RA
and (d) vulnerability of surface and 5680].
groundwater to contamination from
pollutive and hazardous wastes, Physical therapy technician. A person,
agricultural chemicals and underground who not having acquired a bachelor's
storage tanks of petroleum products. degree in Physical Therapy is qualified
[Sec 4, RA 9275]. through in-service training and practical
experience to assist in the application of
Phobia. Legal Med. An excessive, physiotherapeutic procedures and to
irrational and uncontrollable fear of a undertake specific assignments as
perfectly natural situation or object. directed by a qualified physical therapist
in carrying out the prescription of a

477
licensed physician. Such assignments article or goods which are to be

shall be confined within the limits of a manufactured specially for the customer
hospital or institution of employment. and upon his special order, and not for
[Sec. 2, RA 5680]. the general market. [Engg & Machinery
Corp. v. CA, GR 52267. Jan. 24, 1996,
Physical violence. Acts that include citing Art. 1467, CC and Vitug,
bodily or physical harm. [Sec. 3, RA Compendium on Civil Law and Jurisp.,
9262]. 1993 ed., p. 581].
Physician-patient privilege. This Pier. Any structure built into the sea but
privilege is intended to facilitate and not parallel to the coast line and
make safe full and confidential includes any stage, stair, landing place,
disclosure by the patient to the landing stage, jetty, floating barge or
physician of all facts, circumstances and pontoon, and any bridge or other works
symptoms, untrammeled by connected therewith. [Sec. 3, PD 857].
apprehension of their subsequent and
enforced disclosure and publication on Piercing the veil of corporate entity
the witness stand, to the end that the (or fiction) doctrine. The doctrine
physician may form a correct opinion, used whenever a court finds that the
and be enabled safely and efficaciously corporate fiction is being used to defeat
to treat his patient. [Lim v. CA, GR public convenience, justify wrong,
91114. Sep. 25, 1992]. protect fraud, or defend crime, or to
confuse legitimate issues, or that a
Physicians sample. Medicine given free corporation is the mere alter ego or
to members of the medical profession business conduit of a person or where
by drug manufacturers. [Morenos Law the corporation is so organized and
Dict., 2000 Ed., p. 343]. controlled and its affairs are so
conducted as to make it merely an
Picket. To object publicly, on or adjacent instrumentality, agency, conduit or
to the employer's premises, to an adjunct of another corporation. Also
employer's labor practices, goods or known as Disregarding the fiction of
services. The most common form of corporate entity or the Doctrine of
picketing is patrolling with signs. corporate alter ego.
Piercing the veil of corporate entity
Picketing. Labor. The marching to and or fiction. Elements: 1. Control, not
fro at the employer's premises, usually mere majority or complete stock control,
accompanied by the display of placards but complete domination, not only of
and other signs making known the facts finances but of policy and business
involved in a labor dispute. [Ilaw at practice in respect to the transaction
Buklod ng Manggagawa v. NLRC, GR attacked so that the corporate entity as
91980. June 27, 1991]. to this transaction had at the time no
separate mind, will or existence of its
Picul. 1. The customary unit of weight of own; 2. Such control must have been
bulk sugar for the purpose of sale. [Yu used by the defendant to commit fraud
Tek & Co. v. Gonzalez, GR 9935. Feb. 1, or wrong, to perpetuate the violation of
1915]. 2. It is equivalent to 63 a statutory or other positive legal duty,
kilograms and a fraction. [Aldamis v. or dishonest and unjust act in
Leuterio, GR L-3587. Oct. 2, 1907]. contravention of plaintiff's legal rights;
and 3. The aforesaid control and breach
Piece of work, contract for a. 1. A of duty must proximately cause the
contract whereby the contractor binds injury or unjust loss complained of.
himself to execute a piece of work for [Fletcher Cyc. Corp., p. 490; Ramoso v.
the employer, in consideration of a Gen. Credit Corp., SEC AC No. 295, Oct.
certain price or compensation. The 6, 1992].
contractor may either employ only his
labor or skill, or also furnish the Pier head line. The limiting line beyond
material. [Art. 1713, CC]. 2. A contract which piers may not be extended. [Sec.
for the delivery at a certain price of an 3, RA 4663].

478
means of violence against or

Pig. An animal commonly known to be intimidation of persons or force upon
eating dirty matters. Calling a man pig things, committed by any person,
is libelous. [Morenos Law Dict., 2000 including a passenger or member of the
Ed., p. 344]. complement of said vessel, in Philippine
waters, shall be considered as piracy.
Pilapil. Tag. A narrow earthen barrier. The offenders shall be considered as
[US v. Ramos, GR 10832. Dec. 11, pirates and punished as hereinafter
1916]. provided. [Sec. 2, PD 532]. 2. Robbery
or forcible depredation on the high seas,
Pimp (alcahuete). Sp. One who without lawful authority and done animo
provides gratification for the lust of furandi and in the spirit and intention of
others; a procurer; a panderer. [US v. universal hostility. It is a crime not
Cruz, GR 13288. Sep. 25, 1918, citing 6 against any particular State but against
Words and Phrases, 5379]. all mankind. It may be punished in the
competent tribunal of any country
Pinagsamantalahan. Tag. 1. Taken where the offender may be found or
advantage of. [Lopez v. People, GR L- into which he may be carried. The
47469. Dec. 29, 1978]. 2. Abused. jurisdiction of piracy unlike all other
[People v. Palma, GR L-69152. Sep. 23, crime has no territorial limits. [People v.
1986]. Lol-lo, GR L-17958. Feb. 27, 1922].
Compare with Mutiny.
Pine forest. A forest composed of the
Benguet Pine in the Mountain Provinces Piso. Tag. 1. One peso; Philippine
or the Mindoro pine in Mindoro and currency. 2. In illegal drug parlance, it
Zambales provinces. [Sec. 3, PD 705]. means one hundred pesos. [People v.
Tranca, GR 110357. Aug. 17, 1994].
Pioneer enterprise. A registered
enterprise (a) engaged in the Placement fees. The amount charged
manufacture, processing, or production, by a private employment agency from
and not merely in the assembly or an applicant worker for its services in
packaging, of goods, products, the recruitment and placement of said
commodities or raw materials that have worker. [Sec. 1, Rule 1, IRR of LC].
not been or are not being produced in
the Philippines on a commercial scale; Placement officer. A person practising
or (b) which uses a design, formula, the allied medical profession or
scheme, method, process or system of discipline specialized in psychology of
production or transformation of any the handicapped and whose
element, substance or raw materials responsibility is to personally advise and
into another raw material or finished guide the disabled individual to
good which is new and untried in the acceptance into a job. [Sec. 1, Rule 9,
Philippines: Provided, That the final Rules on Employees Compensation].
product involves or will involve
substantial use and processing of Placer claim. That which does not come
domestic raw materials, whenever under the definition of Lode mineral
available. [Sec. 3, RA 5186]. claim. [Sec. 18, PD 464].
Pipe line concession. A concession Placer deposits. Those which are in

which grants to the concessionaire the loose, fragmentary or broken rocks,
right to provide and operate pipe line boulders, floats, beds or deposits. [Sec.
systems for transporting petroleum. 18, PD 464].
[Art. 10, RA 387].
Plain-meaning rule. Also Verba legis.
Piracy. 1. Any attack upon or seizure of Stat. Con. 1. The rule that when the
any vessel, or the taking away of the words of a statute are clear, plain and
whole or part thereof or its cargo, free from ambiguity, it must be given its
equipment, or the personal belongings interpretation. [Fianza v. PLEB, GR
of its complement or passengers, 109638. Mar. 31, 1995]. 2. The valid
irrespective of the value thereof, by presumption that the words employed

479
by the legislature in a statute correctly Planting rice. The phrase merely refers
express its intent or will and preclude to the setting of the palay seedlings in
the court from construing it differently. the ground for growth, and uprooting
The legislature is presumed to know the the seedlings preparatory to
meaning of the words, to have used transplanting and final harrowing do not
words advisedly, and to have expressed constitute part of the work. [Atayde v.
its intent by the use of such words as De Guzman, GR L-10578. Mar. 25,
are found in the statute. [Globe-Mackay 1958].
Cable and Radio Corp. v. NLRC, 206
SCRA 701 (1992)]. 3. A statute or treaty Plant pest. Any form of plant or animal
is to be interpreted only from the words life, or any pathogenic agent, injurious
contained within the statute or treaty. or potentially injurious to plants and/or
[Intl. Law Dict. & Direct., 2000]. See plant products. [Sec. 2, PD 1433].
Verba legis non est recedendum.
Plant products. Products derived from
Plaintiff. 1. The term may refer to the plants, either in their natural state or in
claiming party, the counter-claimant, the manufactured or processed form and
cross-claimant, or the third (fourth, etc.) are capable of harboring plant pests.
party plaintiff. [Sec. 1, Rule 3, RoC]. 2. [Sec. 2, PD 1433].
A person who brings an action; the
party who complains or sues in a civil Plants. It shall comprise living plants and
action. [Glossary of Legal Terms (Pro- parts thereof, including seeds, cuttings,
Se), 2004]. See Complainant. rhizomes, bulbs and corns, grafts,
leaves, roots, scions and others that are
Plain view doctrine. The warrantless capable of propagation. [Sec. 2, PD
search and seizure, as an incident to a 1433].
suspect's lawful arrest, may extend
beyond the person of the one arrested Playground. See Park.
to include the premises or surroundings
under his immediate control. Objects in Plea. The first pleading by a criminal
the plain view of an officer who has the defendant, the defendant's declaration
right to be in the position to have that in open court that he is guilty or not
view are subject to seizure and may be guilty. The defendant's answer to the
presented as evidence. [People v. Musa, charges made in the indictment or
GR 96177. Jan. 27, 1993]. information. [Glossary of Legal Terms
(Pro-Se), 2004].
Plan. The plan for securitization as
approved by the SEC. [Sec. 3, RA 9267]. Plea bargaining. 1. The defendants
pleading guilty to a lesser offenses or to
Plantation. A tract of agricultural land only one or some of the counts of a
planted to trees or seedlings whether multi-count indictment in return for a
fruit bearing or not, uniformly spaced or lighter sentence than that for the graver
seeded by broadcast methods or charge. [People v. Villarama, 210 SCRA
normally arranged to allow highest 246 (1992), citing Black's Law Dict., 5th
production. [Art. 243, IRR, LGC]. Ed., 1979, p. 1037]. 2. Process where
the accused and the prosecutor in a
Plantation agricultural enterprise. criminal case work out a satisfactory
One engaged in agriculture within an disposition of the case, usually by the
area of more than 24 hectares in a accused agreeing to plead guilty to a
locality and/or which employs at least lesser offense. Such bargains are not
20 workers. [Sec. 1, Rule 7, Book 3, IRR binding on the court. Also referred to as
of LC]. plea negotiating. [Glossary of Legal
Planter in bad faith. A planter who
plants knowing that the land does not Pleadings. 1. The written allegations of
belong to him and he has no right to the parties of their respective claims and
plant thereon. [Morenos Law Dict., defenses submitted to the court for trial
2000 Ed., p. 345]. and judgment. [Sec. 1, Rule 6, RoC]. 2.
That part of a party's case in which he

480
formally sets out the facts and legal is one who by custom ranks immediately
arguments which support that party's below an ambassador and is of the
position. Pleadings can be in writing or same rank as an envoy extraordinary.
they can be made verbally to a court, [Intl. Law Dict. & Direct., 2004].
during the trial. [Duhaime's Legal Dict.,
2004]. Plot. See Lot.
Plea of guilty. A judicial confession of Plunder. A crime committed by public

guilt an admission of all the material officer who, by himself or in connivance
facts alleged in the information, with members of his family, relatives by
including the aggravating affinity or consanguinity, business
circumstances. [People v. Ariola, 100 associates, subordinates or other
SCRA, 523]. persons, amasses, accumulates or
acquires ill-gotten wealth through a
Plea of guilty. The requisites of the combination or series of overt criminal
mitigating circumstance of voluntary acts as described in Sec. 1 (d) of RA
plea of guilty are: (a) that the offender 7080 in the aggregate amount or total
spontaneously confessed his guilt; (b) value of at least P50,000,000.00. The
that the confession of guilt was made in crime is punishable by reclusion
open court, that is, before the perpetua to death. [Sec. 2, RA 7080, as
competent court that is to try the case; amended].
and (c) that the confession of guilt was
made prior to the presentation of Plurality of crimes. Also Concurso de
evidence for the prosecution. [People v. delitos. This occurs when the actor
Crisostomo, 160 SCRA 47 (1988)]. commits various delictual acts of the
same or different kind. [Gamboa v. CA,
Plebiscite. From Lat. plebiscitum: decree GR L-41054. Nov. 28, 1975, citing The
of the common people. Const. Law. 1. Rev. Penal Code, Aquino, Vol. I 1961
The electoral process by which an Ed., at 555-56].
initiative on the Constitution is approved
or rejected by the people. [Sec. 3, RA Plurality of subjects. Succ. It means
6735]. 2. Vote by which all of the that two or more persons must be
people of a state or territory express an instituted as heirs, legatees or devisees.
opinion for or against a proposal, [Jurado, Comments & Jurisp. on
especially a proposal as to the choice of Succession, 1991 8th Ed., p. 459].
a government. [Intl. Law Dict. & Direct., Compare with Unity of object.
2004]. Compare with Referendum.
Plurality opinion. An opinion to which
Pledge. A contract by virtue of which the less than a majority agree on the
debtor delivers to the creditor or to a reasoning of the decision, but to which
third person a movable or a document a majority agree on the result. [Intl.
evidencing incorporeal rights for the Law Dict. & Direct., 2004].
purpose of securing the fulfillment of a
principal obligation, with the PNP. Philippine National Police.
understanding that when the obligation Established under RA 6975.
is fulfilled, the thing delivered shall be
returned with all its fruits and PNP law. See Department of the
accessions. [De Leon, Comments and Interior and Local Government Act
Cases on Credit Trans., 1999 Ed., p. of 1990.
322, citing Arts. 2094 and 2095, CC].
Compare with Mortgage. PNR. Philippine National Railways.
Created under RA 4156.
Pleins pouvoirs. See Full powers.
PNR charter. RA 4156, as amended by
Plenipotentiary. A person who has full RA 6366 and PD 741. [Malong v. PNR,
power to do something. In international GR L-49930. Aug. 7, 1985].
law, a senior diplomatic officer
commissioned to act for his or her
government. A minister plenipotentiary

481
Poach. To kill or take an animal or fish isothiocyanate, ammunition (chemical,

from the property of another. non-explosive but containing Class A, B
[Duhaime's Legal Dict., 2004]. or poison), aniline oil, arsine,
bromobenzyle cyanide, bromoacetone
Point-blank. The term refers merely to and other similar substances or
the aim directed straight toward a target materials. [Sec. 5, RA 6235].
and has no reference to the distance
between the gun and the target. Poisonous substance. Any substance
[People v. Trinidad, GR 79123-25. Jan. capable of destroying life or seriously
9, 1989, citing Webster's 3rd New Intl. endangering health when applied
Dict.]. externally to the body or introduced
internally in moderate doses. [Art. 4, RA
Point-of-sale. Any location at which an 7394].
individual can purchase or otherwise
obtain tobacco products. [Sec. 4, RA Pole. A long, comparatively slender
9211]. usually cylindrical piece of wood or
timber, as typically, the stem of a small
Point-shaving. Any such arrangement, tree stripped of its branches; also, by
combination, scheme or agreement by extension, a similar typically cylindrical
which the skill or ability of any player or piece or object of metal or the like. An
participant in a game, races or sports upright standard to the top of which
contests to make points or scores shall something is affixed or by which
be limited deliberately in order to something is supported; as a dovecote
influence the result thereof in favor of set on a pole; telegraph poles; a tent
one or other team, player or participant pole; sometimes, specifically, a vessel's
therein. [Sec. 1, PD 483]. mast. [Board of Assessment Appeals v.
Manila Electric Co., GR L-15334. Jan. 31,
Points or questions of order. 1964, citing Webster's New Intl. Dict.,
Legislative devices used in requiring the 2nd Ed. p. 1907].
House or any of its Members to observe
its own rules and to follow regular or Police. An organized civil force for
established parliamentary procedure. In maintaining order, preventing and
effect, they are either objections to detecting crime, and enforcing the law.
pending proceedings as violative of [City Mayor v. Chief, Phil. Constabulary,
some of those rules or demands for GR L-20346. Oct. 31, 1967].
immediate return to the aforementioned
parliamentary procedure. [Arroyo v. De Police blotter. A book which records
Venecia, GR 127255. June 26, 1998, criminal incidents reported to the police.
citing Pareja, Parliamentary Guidelines: [Moreno, Phil. Law Dict., 708, 3rd Ed.,
House of Reps. 33 (1969). citing People v. Panganiban, 20772-CR,
Dec. 6, 1979].
Point source. Any identifiable source of
pollution with specific point of discharge Police line-up. 1. A police identification
into a particular water body. [Sec 4, RA procedure by which the suspect to a
9275]. crime is exhibited, along with others,
before the victim or witness to
Poison. Any drug, active principle, or determine if he committed the offense.
preparation of the same, capable of [Blacks Law Dict., Abr. 5th Ed. (1983),
destroying life or seriously endangering 478]. 2. It is not part of the custodial
health when applied externally to the investigation where the suspects had
body or introduced internally in not yet been held then to answer for the
moderate doses. [Sec. 42, RA 5921]. criminal offense with which they were
later charged and convicted. [People v.
Poisonous. Any substance or materials, Timple, GR 100391-92. Sep. 26, 1994].
except medicinal drug, either liquid,
solid or gaseous, which through Police of the state. In a comprehensive
chemical reactions kills, injuries or sense, the term embraces its whole
impairs a living organism or person, and system of internal regulation for the
shall include but not limited to alkyl preservation of public order and

482
prevention of offenses against the state. indoctrinate, convert, induce, persuade,

[City Mayor v. Chief, Phil. Constabulary, or in any other way influence any
GR L-20346. Oct. 31, 1967]. agency or official of the Philippine
Government, or any section of the
Police power. 1. The power inherent in public within the Philippines with respect
the State to regulate liberty and to the domestic or foreign policies of the
property for the promotion of the Philippines, or with respect to the
general welfare. 2. [Ermita-Malate Hotel political or public interests, policies, or
& Motel Operators Ass. v. City Mayor, 20 relations of a foreign government or a
SCRA 849]. The state authority to enact foreign political party. [Sec. 3, BP 39].
legislation that may interfere with
personal liberty or property in order to Political consultant. Any person who
promote the general welfare. In its engages in informing or advising any
exercise, the State may impose other person on the domestic or foreign
appropriate impositions or restraints policies of the Philippines or on the
upon liberty or property in order to political or public interests, policies, or
foster the common good. [Edu v. Ericta, relations of a foreign government or of a
35 SCRA 481 (1970)]. foreign political party. [Sec. 3, BP 39].
Police power. Essential elements: (a) An Political law. That branch of public law
imposition of restraint upon liberty or which deals with the organization and
property; and (b) The power is operation of the governmental organs of
exercised for the benefit of the common the state, and defines the relation of the
good. [Agan v. Phil. Intl. Air Terminals state with the inhabitants of the
Co., GR 155001. Jan. 21, 2004]. territory. [People v. Perfecto, 43 Phil.
887, 897; Roa v. Coll. Of Customs, 23
Police power. Requisites: Police power is Phil. 315].
validly exercised if (a) the interests of
the public generally, as distinguished Political party. 1. An organized group of
from those of a particular class, require citizens advocating an ideology or
the interference of the State, and (b) platform, principles and policies for the
the means employed are reasonably general conduct of government and
necessary to the attainment of the which, as the most immediate means of
object sought to be accomplished and securing their adoption, regularly
not unduly oppressive upon individuals. nominates and supports certain of its
[DECS v. San Diego, GR 89572. Dec. 21, leaders and members as candidates for
1989]. public office. [Sec. 3, RA 7941]. 2. An
organized group of persons pursuing the
Policitacion. Sp. 1. An imperfect same political ideals in a Government
promise; a mere offer. [Ang Yu v. CA, and includes its branches and divisions.
GR 109125. Dec. 2, 1994]. 2. An [Sec. 80, Rev. Election Code (RA 180].
unaccepted unilateral promise or offer
to sell or to buy a thing which creates Political propaganda. Any oral, visual,
no juridical effect or legal tie. [Diaz, graphic, written, pictorial, or other
Bus. Law Rev., 1991 Ed., p. 110]. communication or expression: (a) which
seeks in any reasonable degree to
Policy. A settled or definite course or prevail upon, indoctrinate, convert,
method adopted and followed by a induce, or in any other way influence a
government, body, or individual. [Ang- person or any section of the public
Angco v. Castillo, GR L-17169. Nov. 30, within the Philippines with respect to the
1963]. political or public interests, policies, or
relations of a foreign government or a
Policy of insurance. The written foreign political party or with respect to
instrument in which a contract of the foreign policies of the Philippines; or
insurance is set forth. [Sec. 49, IC]. (b) which advocates, advises, instigates,
or promotes social, political, or religious
Political activity. Political propaganda or dissension, disorder, civil riot, or conflict
any other activity which seeks in any involving the use of force, or the
reasonable degree to prevail upon, overthrow of the government of the

483
Republic of the Philippines. [Sec. 3, BP specified, or in contravention of the

39]. condition, limitation or restriction
prescribed in RA 9275. [Sec 4, RA
Political question. 1. In ordinary 9275].
parlance, namely, a question of policy.
2. A question which, under the Pollution control and infrastructure
Constitution, is to be decided by the devices. Infrastructure, machinery,
people in their sovereign capacity; or in equipment and/or improvements used
regard to which full discretionary for impounding, treating or neutralizing,
authority has been delegated to the precipitating, filtering, conveying and
legislative or executive branch of the cleansing mine industrial waste and
government. It is concerned with issues tailings as well as eliminating or
dependent upon the wisdom, not reducing hazardous effects of solid
legality, of a particular measure. particles, chemicals, liquids or other
[Taada v. Cuenco, 100 Phil. 1101]. harmful byproducts and gases emitted
from any facility utilized in mining
Political rights. The right to participate, operations for their disposal. [Sec. 3, RA
directly or indirectly, in the 7942].
establishment or administration of
government, the right of suffrage, the Pollution control device. Any device or
right to hold public office, the right of apparatus used to prevent, control or
petition and, in general, the rights abate the pollution of air caused by
appurtenant to citizenship vis--vis the emissions from motor vehicles at levels
management of government. [Simon v. within the air pollution control standards
CHR, GR 100150. Jan. 5, 1994, citing established by the national Pollution
Black's Law Dict., 6th Ed., 1324]. Control Commission. [Sec. 2, PD 1181].
Political sovereignty. Pol. Law. The Pollution control technology. Pollution

sovereignty of the electorate; or in its control devices or apparatus, processes,
general sense, the sovereignty of the or other means that effectively prevent
whole body politic. [Suarez, Pol. Law control or reduce pollution of water
Reviewer, 1st Ed., 2002, p. 35]. caused by effluents and other
Compare with Legal sovereignty. discharges, from any point source at
levels within the water pollution
Political violence. War, revolution, civil standards. [Sec 4, RA 9275].
strife, terrorism, and similar acts that
can result in injury or loss of property. Polygamy. Being married to more than
[Intl. Law Dict. & Direct., 2004]. one person. [Duhaime's Legal Dict.,
2004].
Politics. The science of government; the
art or practice of administering public Polygraph. A lie-detector machine which
affairs. [Blacks Law Dict., Abr. 5th Ed. records even the slightest variation in
(1983), 605]. blood pressure, body temperature and
respiration as questions are put to, and
Poll taxes. See Capitation taxes. answers elicited from a subject.
Pollutant. Any substance, whether solid,
liquid, gaseous or radioactive, which Polypropylene. A substance resembling
directly or indirectly: (i) alters the polyethelyne which is one of a group of
quality of any segment of the receiving partially crystalline lightweight
water body to affect or tend to affect thermoplastics used chiefly in making
adversely any beneficial use thereof; (ii) fibers, films, and molded and extruded
is hazardous or potential hazardous to products. [Farolan v. Solmac Mktg.
health; (iii) imparts objectionable odor, Corp., GR 83589. Mar. 13, 1991].
temperature change, or physical,
chemical or biological change to any Polytechnic University of the
segment of the water body; or (iv) is in Philippines. The state university
excess of the allowable limits, created under and by virtue of PD 1341
concentrations, or quality standards

484
which was signed into law on Apr. 1, account and benefit of a worker who
1978. transfers from one system to the other.
[Sec. 2, RA 7699].
Pond. A body of still water, natural or
artificial, smaller than a lake; Portability Law. Republic Act No. 7699
sometimes, by extension, an enclosure entitled An Act instituting limited
for fish in a running stream. [Guzman v. portability scheme in the social security
Mun. of Taytay, GR 43626. Mar. 7, insurance systems by totalizing the
1938, citing Funk & Wagnall's Std. Dict., workers' creditable services or
20th Century Ed.]. contributions in each of the systems
enacted on May 1, 1994.
Poor. Individuals and families whose
income fall below the poverty threshold Portal. A website that aggregates a wide
as defined by the NEDA and/or cannot variety of content for the purpose of
afford in a sustained manner to provide attracting a large number of users. [Sec.
their minimum basic needs of food, 5, RA 9184].
health, education, housing and other
essential amenities of life. [Sec. 3, RA Portal cirrhosis. A chronic disease
8425]. characterized by increased connective
tissue that spreads from the portal
Poor man's cocaine. Metamphetamine spaces, distorting liver architecture and
hydrochloride, one of the derivatives of impairing liver functions. [Clemente v.
metamphetamine, a regulated drug GSIS, GR L-47521. July 31, 1987].
under RA 6425, as amended. Also
notoriously known in street parlance as Porterage. Services rendered in the
shabu. [People v. Lo Ho Wing, GR carriage or handling of passenger
88017. Jan. 21, 1991]. luggages and baggages which can be
carried by hand and are not of such
Pornography. 1. Any representation, weight and number as to require the
through publication, exhibition, assistance of loading or unloading
cinematography, indecent shows, equipment or machinery or a relatively
information technology, or by whatever long time to undertake. [Morenos Law
means, of a person engaged in real or Dict., 2000 Ed., p. 348].
simulated explicit sexual activities or any
representation of the sexual parts of a Porter resolution. Intl. Law. The
person for primarily sexual purposes. qualification under the Drago doctrine
[Sec. 3, RA 9208]. A depiction (as in which was later adopted in the Second
writing or painting) of licentiousness or Hague Conference that the debtor state
lewdness. A portrayal of exotic behavior should not refuse or neglect to reply to
designed to cause sexual excitement. an offer of arbitration, or, after
[Morenos Law Dict., 2000 Ed., p. 348]. accepting the offer, prevent any
compromis from being agreed upon, or,
Port. A place where ships may anchor or after the arbitration, fail to submit to the
tie up for the purpose of shelter, repair, award. [Cruz, Intl. Law Reviewer, 1996
loading or discharge of cargo, or for Ed., p. 56].
other such activities connected with
water-borne commerce, and including Portion. That which forms part of the
all the land and water areas and the whole. When one speaks of a portion,
structures, equipment and facilities logically one of its sides borders the
related to these functions. [Sec. 3, PD remaining part of the whole. [Morenos
857]. Law Dict., 2000 Ed., p. 348].
Portability. 1. Health Ins. Law. The Port of entry. A port open to both
enablement of a member to avail of foreign and domestic trade. The term
National Health Insurance Program includes principal ports of entry and
benefits in an area outside the subports of entry. [Sec. 2, PD 1433].
jurisdiction of his Local Health Insurance
Office. [Sec. 1, RA 9241]. Social Ins. Position. A set of duties and
Law. 2. The transfer of funds for the responsibilities, assigned or delegated

485
by competent authority and performed occur. [Tanala v. NLRC, GR 116588.

by an individual either on full-time or Jan. 24, 1996]. Compare with Negative
part-time basis. A position may be filled testimony.
or vacant. [Sec. 3, PD 985].
Positivism. Theory that international law
Position classification. The grouping of is the voluntary creation of sovereign
positions into classes on the basis of states. [Intl. Law Dict. & Direct., 2004].
similarity of kind and level of work, and
the determination of the relative worth Possess. In a grammatical sense, to have
of those classes of positions. [Sec. 3, PD or to actually and physically occupy a
985]. thing, with or without right. [Morenos
Law Dict., 2000 Ed., p. 349].
Position classification system. A
system for classifying positions by Possession. 1. The holding of a thing or
occupational groups, series and classes, the enjoyment of a right. [Art. 523, CC].
according to similarities or differences in 2. A term to denote the mere fact of
duties and responsibilities, and physical control over tangible objects.
qualification requirements. It consists [Morenos Law Dict., 2000 Ed., p. 349].
of: (a) classes and class specifications;
and (b) the rules and regulations for its Possession by tolerance. The
installation and maintenance and for the occupation by a person of the land of
interpretation, amendment and another at the latter's tolerance or
alternation of the classes and class permission without any contract
specifications to keep pace with the between them. Such person is
changes in the service and the positions necessarily bound by an implied promise
therein. [Sec. 3, PD 985]. that he will vacate upon demand, failing
which a summary action for ejectment is
Position of trust and confidence. One the proper remedy against him.
where a person is entrusted with [Claridades, A., Compilation of Notes,
confidence on delicate matters, or with 2001-2006].
the custody, handling, or care and
protection of the employer's property. Possession, how acquired. It is
[Lepanto v. CA, 1 SCRA 1251 (1961)]. acquired by the material occupation of a
thing or the exercise of a right, or by
Positive adjustment to import the fact that it is subject to the action of
competition. The ability of the our will, or by the proper acts and legal
domestic industry to compete formalities established for acquiring
successfully with imports after measure, such right. [Art. 531, CC].
or to the orderly transfer of resources to
other productive pursuits; and to the Possession, how lost. (a) By the
orderly transition of dislocated workers abandonment of the thing; (b) by an
in the industry to other productive assignment made to another either by
pursuits. [Sec. 4, RA 8800]. onerous or gratuitous title; (c) by the
destruction or total loss of the thing, or
Positive easement. An easement which because it goes out of commerce; (d) by
imposes upon the owner of the servient the possession of another, subject to
estate the obligation of allowing the provisions of Art. 537 of the Civil
something to be done or of doing it Code, if the new possession has lasted
himself. [Art. 616, CC]. Compare with longer than one year. But the real right
Negative easement. of possession is not lost till after the
lapse of ten years. [Art. 555, CC].
Positive evidence. Evidence where the
witness affirms that a fact did or did not Possession in concept of holder.
occur. [Francisco, Evidence, Vol. VII, Possession whereby one possesses as a
Part 1, 1997 Ed., p. 4]. Compare with mere holder, or not in the concept of
Negative evidence. owner, and acknowledges in another a
superior right which he believes to be
Positive testimony. It is when the ownership, whether his belief be right or
witness affirms that a fact did or did not

486
wrong. [Tolentino, Civil Code of the Possessor in bad faith. A person in

Phil., Vol. II, Repr. 2001, p. 245]. possession of property knowing that his
title thereto is defective. [Escritor v.
Possession in concept of owner. IAC, GR L-71283. Nov. 12, 1987].
Possession whereby the possessor may
be the owner himself or one who claims Possessor in good faith. 1. A possessor
to be so. [Tolentino, Civil Code of the who is not aware that there exists in his
Phil., Vol. II, Repr. 2001, p. 245]. title or mode of acquisition any flaw
which invalidates it. [Art. 526, CC]. 2. A
Possession of picklocks or similar person who is not aware that there
tools. Crim. Law. The felony committed exists in his title or mode of acquisition
by any person who shall without lawful any flaw which invalidates it.
cause have in his possession picklocks [Maneclang v. Baun, GR L-27876. Apr.
or similar tools especially adopted to the 22, 1992].
commission of the crime of robbery, or
by any person who shall make such Possessory information title. A prima
tools. [Art. 304, RPC]. facie evidence of the fact that the
possessor of the land to which it refers
Possession of prohibited interest by has actual possession. [Morenos Law
a public officer. Crim. Law. The felony Dict., 2000 Ed., p. 351].
committed by a public officer who,
directly or indirectly, shall become Possessory lien of the unpaid seller.
interested in any contract or business in The right of the seller who is in
which it is his official duty to intervene, possession of the goods to retain
or by experts, arbitrators and private possession of them until payment or
accountants who, in like manner, shall tender of the price in cases: (a) where
take part in any contract or transaction the goods have been sold without any
connected with the estate or property in stipulation as to credit; (b) where the
appraisal, distribution or adjudication of goods have been sold on credit, but the
which they shall have acted, and to the term of credit has expired; (c) where
guardians and executors with respect to the buyer becomes insolvent. [Diaz,
the property belonging to their wards or Bus. Law Rev., 1991 Ed., p. 126, citing
estate. [Art. 216, RPC]. Art. 1527, CC].
Possession of the status of an Post. All Philippine embassies, missions,

illegitimate child. (The fact that) the consulates general and other foreign
father has treated the child as his own, service establishments maintained by
directly and not through others, the DFA. [Sec. 5, RA 7157].
spontaneously and without concealment
though without publicity (since the Postal Service Act of 1992. RA 7354
relation is illegitimate). [Reyes and entitled An Act creating the Philippine
Puno, Outline of Phil. Civil Law, Vol. 1, Postal Corporation, defining its powers,
1964 Ed., pp. 269-270, citing Coquia v. functions and responsibilities, providing
Coquia, CA 50, OG 3701]. for regulation of the industry and for
other purposes connected therewith
Possession, preparation and use of enacted on Apr. 3, 1992.
prohibited drugs and maintenance
of opium dens. Crim. Law. The felony Postdated instrument. A negotiable
committed by: (a) anyone who unless instrument where the date appearing
lawfully authorized shall possess, thereon is later than the true date of its
prepare, administer, or otherwise use issuance. [Claridades, A., Compilation of
any prohibited drug; or (b) anyone who Notes, 2001-2006]. Compare with
shall maintain a dive or resort where Antedated instrument.
any prohibited drug is used in any form,
in violation of the law. [Art. 190, RPC]. Posted price. The FOB price established
by the contractor in consultation with
Possession, writ of. See Writ of the Petroleum Board for each grade,
possession. gravity and quality of crude oil offered
for sale to buyers generally for export at

487
the particular point of export, which finches, rabbits, snails and other forms
price shall be based upon geographical of animal life capable of causing injury
location, and the fair market export to agricultural crops. [Sec. 2, PD 1433].
values for crude oil of comparable
grade, gravity and quality. [Sec. 3, PD Potentially infectious medical waste.
87]. This includes isolation wastes, infectious
agents, human blood and blood
Post-harvest activities. Threshing, products, pathological wastes, sharps,
drying, milling, grading, storing, and body parts, contaminated bedding,
handling of produce and such other surgical wastes, and other disposable
activities as stripping, winnowing, medical equipment and material that
chipping and washing. [Sec. 4, RA 8435; may pose a risk to the public health,
Sec. 4, RA 7607]. welfare or the marine environment. [Sec
4, RA 9275].
Post-harvest facilities. 1. Facilities that
include, but are not limited to, fishport, Potestas delegata non delegari
fishlanding, ice plants and cold storages, potest. Lat. What has been delegated
fish processing plants. [Sec. 4, RA cannot be delegated. This doctrine is
8550]. 2. Threshers, moisture meters, based on the ethical principle that such
dryers, weighing scales, milling as delegated power constitutes not only
equipment, fish ports, fish landings, ice a right but a duty to be performed by
plants and cold storage facilities, the delegate through the instrumentality
processing plants, warehouses, buying of his own judgment and not through
stations, market infrastructure and the intervening mind of another. [US v.
transportation facilities. [Sec. 4, RA Barrias, 11 Phil. 327, 330 (1908); People
8435; Sec. 4, RA 7607]. v. Vera, 65 Phil. 56, 113 (1937)].
Postliminium right. Also Jus Potestative condition. 1. A condition,

postliminium. Intl. Law. The right by the fulfillment of which depends upon
which persons or things taken by the the sole will of the debtor, in which
enemy are restored to the former state case, the conditional obligation is void.
on coming actually into the power of the [Naga Tel. Co., Inc. v. CA, GR 107112.
nation to which they belong. [Cruz, Intl. Feb. 24, 1994, citing Art. 1182, CC]. 2.
Law Reviewer, 1996 Ed., p. 141]. One which depends upon the will of the
debtor. [Diaz, Bus. Law Rev., 1991 Ed.,
Post-test counseling. The process of p. 10].
providing risk-reduction information and
emotional support to a person who Poverty alleviation. The reduction of
submitted to HIV testing at the time absolute poverty and relative poverty.
that the test result is released. [Sec. 4, [Sec. 3, RA 8425].
RA 8496].
Power. Authority to do. One has the
Post-traumatic stress disorder. Legal power to do something if he is of legal
Med. An anxiety disorder caused by age. Also, used as powers, the term
exposure to an overwhelming traumatic refers to authority granted by one
event in which the person later person to another, i.e., powers given an
repeatedly re-experiences the event. executor in a will or an agent in a power
[Olarte, Legal Med., 1st Ed. (2004), p. of attorney. [Glossary of Legal Terms
137]. (Pro-Se), 2004].
Post-trial. Items happening after the Power development program (PDP).

trial, i.e., post-trial motions or post-trial The indicative plan for managing
discovery. [Glossary of Legal Terms electricity demand through energy-
(Pro-Se), 2004]. efficient programs and for the
upgrading, expansion, rehabilitation,
Potential animal pest. It shall comprise repair and maintenance of power
certain species of animal that are liable generation and transmission facilities,
to become agricultural crop pests such formulated and updated yearly by the
as insects, monkeys, rodents, bats, DOE in coordination with the

488
generation, transmission and electric Power plant design. The planning,

utility companies. [Sec. 4, RA 9136]. specifying, coordinating and lay-outing
of electrical equipment in power plants,
Power of attorney. 1. A formal substations and the like. [Sec. 2, RA
instrument authorizing another to act as 7920].
one's agent or attorney. [Glossary of
Legal Terms (Pro-Se), 2004]. 2. A Power Sector Assets and Liabilities
document which gives a person the Management Corporation (PSALM
right to make binding decisions for Corp.). The corporation organized
another, as an agent. A power of pursuant to Sec. 49 of RA 9136. [Sec. 4,
attorney may be specific to a certain RA 9136].
kind of decision or general, in which the
agent makes all major decisions for the Power to regulate. The power to
person who is the subject of the power protect, foster, promote, preserve, and
of attorney. [Duhaime's Legal Dict., control with due regard for the interests,
2004]. first and foremost, of the public, then of
the utility and of its patrons. [Phil.
Power of control. The power of an Communications Satellite Corp. v.
officer to alter or modify or nullify or set Alcuaz, 180 SCRA 218].
aside what a subordinate officer has
done in the performance of his duties Power to tax is not the power to
and to substitute the judgment of the destroy while the Supreme Court
former for that of the latter. [De Villa v. sits (Holmes dictum). The reassuring
City of Bacolod, GR 80744. Sep. 20, words of Mr. Justice Holmes of the US
1990]. Supreme Court: "The power to tax is not
the power to destroy while this Court
Power of review. The power exercised sits. [Quoted from Graves. v. New
to determine whether it is necessary to York, 306 U.S. 466, 490 and cited in
correct the acts of the subordinate and Tolentino v. Sec. of Finance, GR
to see to it that he performs his duties 115455. Aug. 25, 1994].
in accordance with law. [Phil. Game fowl
Commission v. IAC, 146 SCRA 294 Power to tax is the power to destroy
(1986)]. (Marshall dictum). The 1803 dictum
of Chief Justice Marshall of the US
Power of subordinate legislation. The Supreme Court that "the power to tax
authority to issue rules to carry out the involves the power to destroy. [Sison v.
general provisions of the statute Ancheta, GR L-59431. July 25, 1984,
entrusted by the national legislature to citing McCulloch v. Maryland, 4 Wheaton
administrative agencies, with the 316].
proliferation of specialized activities and
their attendant peculiar problems. PPO. See Permanent Protection
[Claridades, A., Compilation of Notes, Order.
2001-2006].
Practicable. Possible to practice or
Power of supervision. The power of a perform. [Tatad v. Sec. of Energy, GR
superior officer to see to it that 124360. Nov. 5, 1997, citing Webster,
subordinates perform their functions New 3rd Intl. Dict., 1993 Ed., p. 1780].
according to law. [De Villa v. City of
Bacolod, GR 80744. Sep. 20, 1990, Practice. The method of performance
citing Bernas, Rev. 1973 Phil. Const., established between parties by their
Part I, 1983 Ed., p. 474]. actions or conduct. [Intl. Law Dict. &
Direct., 2004].
Power of the purse. The spending
power which, under the Constitution, Practice of law. Any activity, in or out of
belongs to Congress, subject only to the court, which requires the application of
veto power of the President. [Phil. law, legal procedures, knowledge,
Const. Assoc. v. Enriquez, GR 113105. training and experience. To engage in
Aug. 19, 1994]. the practice of law is to perform those
acts which are characteristic of the

489
profession. Generally, to practice law is enactment. [Suarez, Stat. Con., (1993),

to give advice or render any kind of p. 45].
service that involves legal knowledge or
skill. The practice of law is not limited to Precarium. The contractual relation
the conduct of cases in court. It includes where the bailor may demand the thing
legal advice and counsel, and the at will: (a) if neither the duration of the
preparation of legal instruments and contract nor the use to which the thing
contracts by which legal rights are loaned should be devoted, has been
secured, although such matter may or stipulated; or (b) if the use of the thing
may not be pending in a court. In the is merely tolerated by the owner. [Art.
practice of his profession, a licensed 1947, CC].
attorney at law generally engages in
three principal types of professional Precautionary approach. Intl. Law.
activity: legal advice and instructions to Attitude that states should not delay in
clients to inform them of their rights and taking action to correct a threat of
obligations, preparation for clients of serious or irreversible damage to the
documents requiring knowledge of legal environment merely because there is a
principles not possessed by ordinary lack of scientific certainty that injury will
layman, and appearance for clients result. [Intl. Law Dict. & Direct., 2004].
before public tribunals which possess
power and authority to determine rights Precedent. 1. Decision or principle
of life, liberty, and property according to enunciated by a court of competent
law, in order to assist in proper jurisdiction on a question of law which
interpretation and enforcement of law. does not only serve as a guide but also
When a person participates in a trial and as an authority to be followed by all
advertises himself as a lawyer, he is in other courts of equal or inferior
the practice of law. One who confers jurisdiction in all cases involving the
with clients, advises them as to their same question until the same is
legal rights and then takes the business overruled or reversed by a superior
to an attorney and asks the latter to court. [Suarez, Stat. Con., (1993), p.
look after the case in court, is also 40]. 2. Laws established by previous
practicing law. Giving advice for cases which must be followed in cases
compensation regarding the legal status involving identical circumstances.
and rights of another and the conduct [Glossary of Legal Terms (Pro-Se),
with respect thereto constitutes a 2004]. See Stare decisis.
practice of law. One who renders an
opinion as to the proper interpretation Precepto. Sp. A command which induces
of a statute, and receives pay for it, is, one to commit a crime. [Aquino, RPC,
to that extent, practicing law. [Ulep v. 1976 Ed., Vol. 1, p. 431, citing People v.
Legal Clinic, Bar Matter 553. June 17, Indanan, 24 Phil. 203, 207 (1913) and
1993]. People v. Asaad, 55 Phil. 697 (1931)].
Compare with Pacto.
Practising lawyer. One engaged in any
activity, in or out of court, which Precious coral. Skeleton of anthozoan
requires the application of law, legal coelenterate characterized as having a
procedure, knowledge, training and rigid axis of compact calcareous or
experience. horny spicules, belonging to the genus
corallium as represented by the red,
Praeter intentionem. Lat. The act went pink and white corals. [Sec. 3, PD
beyond the intent. Lack of intention to 1219].
commit so grave a wrong as that
committed. [Nizurtado v. Preclusion of claims. It is governed by
Sandiganbayan, GR 107383. Dec. 7, Rule 39, Sec. 47(b) of the Rules of
1994]. Court. [Kilosbayan v. Morato, GR
118910. July 17, 1995]. See Res
Preamble. It is that part of the statute judicata.
following the title and preceding the
enacting clause which states the Preclusion of issues. It is governed by
reasons for, or the objects of, the Rule 39, Sec. 47(c) of the Rules of

490
Court. [Kilosbayan v. Morato, GR members will give the employer the

118910. July 17, 1995]. See right to choose those from outside of
Conclusiveness of Judgment. the contracting union. [Poquiz, Labor
Rel. Law, 1999 Ed. p. 157].
Predatory pricing. Selling or offering to
sell any oil product at a price below the Preferred share. 1. A share which
seller's or offeror's average variable cost entitles the holder thereof to certain
for the purpose of destroying preferences over the holders of common
competition, eliminating a competitor or stock. The preferences are designed to
discouraging a potential competitor from induce persons to subscribe for shares
entering the market: Provided, however, of a corporation. They may consist in
That pricing below average variable cost the payment of dividends or the
in order to match the lower price of the distribution of the assets of a
competitor and not for the purpose of corporation in case of its dissolution
destroying competition shall not be ahead of the common stockholders, or
deemed predatory pricing. [Sec. 11, RA such other preferences as may be
8479]. stated in the articles of incorporation
which are not violative of the provisions
Predecease. Succ. Death of an heir of the Corp. Code. [De Leon, Corp. Code
before the testator. [Claridades, A., of the Phil. Annotated, 1989 Ed., p. 62].
Compilation of Notes, 2001-2006]. 2. A share in a company that has some
kind of special right or privilege attached
Pre-departure loans. Loans granted to to it, such as that it is distinguished
departing migrant workers covered by from the companys common shares.
new contracts to satisfy their pre- The most common special right is a
departure requirements such as preference over holders of common
payments for placement/processing shares when dividends are declared.
fees, airplane fare, subsistence Another, is for the preferred shares to
allowance, cost of clothing and pocket be redeemable at the option of either
money. [Sec. 30, IRR, RA 8042]. the holder or the company. Still another
might be to disallow voting rights to
Preempt. To take precedence over. [Intl. preferred shareholders. [Duhaime's
Law Dict. & Direct., 2004]. Legal Dict., 2004]. Compare with
Common share.
Preemptive right of a stockholder.
The right of a stockholder to subscribe Preferred shares of stock. Shares of
to all issues or disposition of share of stock issued by any corporation which
any class in proportion to his respective may be given preference in the
shareholding. [Diaz, Bus. Law Rev., distribution of the assets of the
1991 Ed., p. 269]. corporation in case of liquidation and in
the distribution of dividends, or such
Pre-entry training. A basic skills other preferences as may be stated in
training for immediate entry into the the articles of incorporation which are
working environment. [Sec. 1, Rule 1, not violative of the provisions of the
Book 2, IRR of LC]. Corporation Code: Provided, That
preferred shares of stock may be issued
Preference of credit. The bestowing only with a stated par value. (Sec. 6,
upon the preferred creditor an Corp. Code].
advantage of having his credit satisfied
first ahead of other claims which may be Pregnancy. An after-the-fact condition of
established against the debtor. [DBP v. the liaison between two persons of
Sec. of Labor, GR 79351, 28 Nov. 1989]. different sexes. [People v. Villarin, GR
96950. Jan. 29, 1993].
Preferential hiring agreement. Labor.
An agreement between the employer Pre-harvest activities. They include,
and the union whereby the former is but are not limited to, seedbed and land
obliged to give preference to the preparation, planting, weeding, pest and
members of the latter who are qualified. disease control, fertilizer application,
However, absent such qualified union

491
water management and harvesting.

[Sec. 4, RA 7607]. Preliminary hearing. Also, preliminary
examination. A hearing by a judge to
Pre-harvest facilities. They include, but determine whether a person charged
are not limited to, plows, harrows, with a crime should be held for trial.
tractors, rotavators and sprayers. [Sec. [Glossary of Legal Terms (Pro-Se),
4, RA 7607]. 2004].
Prejudicial question. A question which Preliminary injunction, writ of. See

is based on a fact distinct and separate Writ of preliminary injunction.
from the crime but so intimately
connected with it that its resolution is Preliminary investigation. An inquiry
determinative of the guilt or innocence or proceeding for the purpose of
of the accused. To justify suspension of determining whether there is sufficient
the criminal action, it must appear not ground to engender a well-founded
only that the civil case involves facts belief that a crime has been committed
intimately related to those upon which and that the respondent is probably
the criminal prosecution is based but guilty thereof, and should be held for
also that the decision of the issue or trial. [Sec. 1, Rule 112, RoC].
issues raised in the civil case would be
decisive of the guilt or innocence of the Preliminary mandatory injunction. An
accused. [Apa v. Fernandez, GR 112381. extraordinary remedy to be availed of
Mar. 20, 1995]. only where the petitioner has shown:
(a) that he has a right which is clear and
Prejudicial question. Elements: (a) The unmistakable under the law and the
civil action involves an issue similar or facts; (b) that the invasion of the right is
intimately related to the issue raised in material and substantial; and (c) that
the criminal action: and (b) the there exists an urgent and paramount
resolution of such issue determines necessity for the issuance of the writ to
whether or not the criminal action may prevent extreme or serious damage.
proceed. [Sec. 5, Rule 111 of RoC; Yap [Villadores v. Encarnacion, GR L-6425.
v. Paras; Umali v. IAC, 186 SCRA 680 Sep. 30, 1954].
(1990)].
Premature conversion of agricultural
Preliminary attachment. The land. See Agricultural land,
provisional remedy in virtue of which a premature conversion of.
plaintiff or other proper party may, at
the commencement of the action or at Premature infants. Infants delivered
any time thereafter, have the property before the thirty-seventh week of
of the adverse party taken into the gestation with a birth weight of less
custody of the court as security for the than 2,500 grams (American) or 2,275
satisfaction of any judgment that may grams (Filipino). [People v. Malapo, GR
be recovered. It is a remedy which is 123115. Aug. 25, 1998].
purely statutory in respect of which the
law requires a strict construction of the Premature marriages. Crim. Law. The
provisions granting it. [H.B. Zachry Co. felony committed by any widow who
Intl. v. CA, GR 106989. May 10, 1994]. shall marry within three hundred and
one (131) days from the date of the
Preliminary attachment, writ of. See death of her husband, or before having
Writ of preliminary attachment. delivered if she shall have been
pregnant at the time of his death, or by
Preliminary conference. The term is any woman whose marriage shall have
akin and similar to the provision on been annulled or dissolved, if she shall
"pre-trial" under the Revised Rules of marry before her delivery or before the
Court. Both provisions are essentially expiration of the period of three
designed to promote amicable hundred and one day after the legal
settlement or to avoid or simplify the separation. [Art. 351, RPC].
trial. [Martinez v. Dela Merced, GR
82039. June 20, 1989].

492
Premeditacion conocida. Sp.

Deliberate premeditation. [US v. Nalua, Preponderance of evidence. 1.
GR 7311. Aug. 5, 1912]. Evidence which is of greater weight, or
more convincing than that which is
Premium. The amount paid to the offered in opposition to it. [32 CJS,
insurer as consideration for insurance. 1051]; The weight, credit and value of
[Tiopianco, Commentaries and Jurisp. the aggregate evidence on either side
on the Ins. Code of the Phil., 1999 Ed., and is usually considered to be
p. 78]. synonymous with the terms 'greater
weight of evidence' or 'greater weight of
Prenda or mortgage in prenda. A kind the credible evidence;' Probability of the
of special contract whereby the debtor truth. Evidence which is more
delivers to the creditor the possession of convincing to the court as worthy of
a parcel of land as security for the loan belief than that which is offered in
he has obtained from the latter who opposition thereto. [Rep. v. CA, GR
enjoys the usufruct. [Rep. v. IAC, GR 84966. Nov. 21, 1991]. 2. The evidence
74830. July 5, 1993, citing Phil. Law as a whole adduced by one side is
Dict. by Moreno, 3rd Ed., p. 728]. superior to that of the other. In
determining where the preponderance
Pre-need plans. Contracts which provide or superior weight of evidence on the
for the performance of future services of issues involved lies, the court may
or the payment of future monetary consider all the facts and circumstances
considerations at the time actual need, of the case, the witnesses' manner of
for which plan holders pay in cash or testifying, their intelligence, their means
installment at stated prices, with or and opportunity of knowing the facts on
without interest or insurance coverage which they are testifying, the nature of
and includes life, pension, education, such facts, the probability or
interment, and other plans which the improbability of their testimony, their
Tariff Commission may from time to interest or want of interest, and also
time approve. [Sec. 3, RA 8799]. their personal credibility as far as the
same may legitimately appear at the
Preparation equivalent rating. A trial. The court may also consider the
rating of the academic or educational number of witnesses, although the
preparation of an individual teacher with preponderance is not necessarily with
equivalent for his training for the greatest number. [Sapuan v. CA, GR
professional growth and teaching 91869. Oct. 19, 1992].
experience. [Sec. 3, PD 985].
Prepositus. The descendant is the
Preparatory recall assembly. The person from whom the degree should
registered voters of the local be reckoned, or the one at the end of
government unit to which the local the line from which the property came
elective official subject to recall belongs. and upon whom the property last
[Sec. 70, LGC]. revolved by descent [Cabardo v.
Villanueva, 44 Phil. 186, 190].
Pre-payment of required indemnity.
The delivery of the proper indemnity Pre-proclamation controversy. Elec.
required by law for the damage that Law. Any question pertaining to or
might be incurred by the servient estate affecting the proceedings of the board
in the event the legal easement upon of canvassers which may be raised by
the extent of compensation cannot be any candidate or by any registered
reached by the parties involved, is not political party or coalition of political
an impediment to the establishment of parties before the board or directly with
such easement. Precisely, the action of the Commission on Election, or any
the dominant estate against the servient matter raised under Secs. 233, 234, 235
estate should include a prayer for the and 236 of the Omnibus Election Code
fixing of the amount which may be due in relation to the preparation,
from the former to the latter. [Talisay- transmission, receipt, custody and
Silay Milling v. CFI of Negros Occ., (42 appreciation of the election returns.
SCRA 584)]. [Sec. 241, BP 881].

493
from a physician who is duly licensed to

Prescribing opium unnecessary for a do so. [Sec. 1, RA 9241].
patient. Crim. Law. The felony
committed by any physician or dentist Prescription of the crime. The
who shall prescribe opium for any forfeiture or loss of the right of the
person whose physical condition does State to prosecute the offender after the
not require the use of the same. [Art. lapse of a certain time fixed by law.
194, RPC]. [Gregorio, Fund. of Crim. Law Rev.,
1997 9th Ed., p. 313; Board of
Prescripcion adcquisitiva. Title by Commissioners (CID) v. Dela Rosa, GR
adverse possession which operates to 95122-23. May 31, 1991].
transfer ownership to the possessor and
need not be specifically pleaded since it Prescription of the offense. The loss or
is an absolute denial of the previous forfeiture of the right of the government
owners claim. [Morenos Law Dict., to execute the final sentence after the
2000 Ed., p. 357]. lapse of a certain time fixed by law.
[Gregorio, Fund. of Crim. Law Rev.,
Prescripcion extintiva. A statute of 1997 9th Ed., p. 313].
limitations which operates as a bar to
the owners right of action and is a new Prescription of the penalty. The loss
matter which must be specifically or forfeiture by the government of the
pleaded. [Morenos Law Dict., 2000 Ed., right to execute the final sentence after
p. 357]. the lapse of a certain time. [Board of
Commissioners (CID) v. Dela Rosa, GR
Prescription. Civ. Law. 1. The 95122-23. May 31, 1991, citing Padilla,
acquisition of ownership and other real Crim. Law, Vol. 1, 1974, p. 855].
rights through the lapse of time in the
manner and under the conditions laid Prescriptive period. The period within
down by law. [Art. 1106, CC]. 2. A time which a specific action must be filed.
limitation in civil law, by which a right [Central Bank v. CA, GR 88353. May 8,
may be acquired (acquisitive 1992].
prescription) or an obligation
extinguished (extinctive prescription) by Presence. In connection with Sec. 5 (a),
the passage of a specified period of Rule 113, Rules of Court, on arrest
time. Whereas extinctive prescription in without warrant, the term is properly
civil law results, for the potential and restrictively construed to relate to
plaintiff, in the loss of the right itself, acts taking place within the optical or
the expiry of a time limitation in perhaps auditory perception of the
common law usually results only in the arresting officer. [Umil v. Ramos, GR
loss of the right to sue. In contemporary 81567. Oct. 3, 1991].
civil law, prescription is usually
understood as substantive, rather than Presentation of evidence. This consists
procedural, and thus governed by the of putting in as evidence the testimony
law applicable to the relevant claim. of the witnesses or the documents
[Tetley, Glossary of Conflict of Laws, relevant to the issue. [People v. Yap, GR
2004]. Intl. Law. 3. A derivative mode of 103517. Feb. 9, 1994]. Compare with
acquisition by which a territory Offer of evidence.
belonging to one state is transferred to
the sovereignty of another state by Presentment. Nego. Inst. Production of
reason of the adverse and uninterrupted an instrument to a party liable to pay on
possession thereof by the latter for a it for that party's acceptance (i.e.,
sufficiently long period of time. [Cruz, commitment to pay) or payment. [Intl.
Intl. Law Reviewer, 1996 Ed., p. 71]. Law Dict. & Direct., 2004].
Prescription drug. A drug which has Presentment for acceptance. Nego.

been approved by the Bureau of Food Inst. The production of a bill of
and Drug and which can be dispensed exchange to a drawee for acceptance.
only pursuant to a prescription order [Prudential Bank v. IAC, GR 74886. Dec.
8, 1992].

494
admitted. [Diaz, Bus. Law Rev., 1991

Presentment for payment. Nego. Inst. Ed., p. 9].
The production of a bill of exchange to
the drawee or acceptor for payment or Presumption against absurdity. Stat.
the production of a promissory note to Con. The presumption that the
the party liable for the payment of the legislature does not intend that
same. [Claridades, A., Compilation of absurdity will from its enactment. The
Notes, 2001-2006]. courts, therefore, have the duty to
interpret the law in such a way as to
Present value. That amount which, if avoid absurd result. [Suarez, Stat. Con.,
invested now to earn a fixed rate of (1993), p. 31, citing People v.
interest, will be equivalent to a specified Malabanan, GR L-16478, Aug. 31,
amount due on a specific date in the 1961].
future. [Bautista v. Auditor Gen., L-
10859, Aug. 29, 1958]. Presumption against implied repeals.
Stat. Con. The presumption that the
Presidential Decrees. Statutes issued lawmaking body does not favor repeals
by then president Ferdinand E. Marcos (of statutes) by implication. [Suarez,
during his incumbency. [Suarez, Stat. Stat. Con., (1993), p. 32].
Con., (1993), p. 42].
Presumption against impossibility.
Pressurized or forced draft burning Stat. Con. The presumption that a
equipment. Type or burner where the statute is never to be understood as
fuel is subjected to pressure prior to requiring an impossibility, if such a
discharge into the combustion chamber result can be avoided by any fair and
and/or which includes fans or other reasonable construction. [Morenos Law
provisions for the introduction of air at Dict., 2000 Ed., p. 359].
above normal atmosphere pressure into
the same combustion chamber. [Sec. 3, Presumption against inconsistency.
PD 1185]. Stat. Con. The presumption that the
lawmaking body is consistent. In case of
Prestation. This may consist in giving, doubt, therefore, such a construction
doing, or not doing of something. should be adopted as will make all the
[Torres, Oblig. & Cont., 2000 Ed., p. provisions of the statute consistent with
24]. one another and with the entire act.
[Suarez, Stat. Con., (1993), p. 31].
Presumption. 1. An inference as to the
existence of a fact not actually known, Presumption against injustice. Stat.
arising from its usual connection with Con. The presumption that the
another which is known, or a conjecture lawmaking body intended right and
based on past experience as to what justice to prevail. [Suarez, Stat. Con.,
course human affairs ordinarily take. It (1993), p. 30, citing Art. 10, CC].
is either a presumption juris, or of law,
or a presumption hominis, or of fact. Presumption against ineffectiveness.
[Martin v. CA, GR 82248. Jan. 30, Stat. Con. The presumption that the
1992]. 2. An inference. Some lawmaking body does not intend to
presumptions are refutable while others adopt laws which are unnecessary and
are deemed to be irrefutable. ineffective. It is presumed that it intends
Presumptions are also classified as of to impart to its enactments such a
fact or of law. [Tetley, Glossary of meaning as will render them operative
Conflict of Laws, 2004]. Compare with and effective. [Suarez, Stat. Con.,
Inference. (1993), p. 31].
Presumption. Kinds: (a) conclusive Presumption against irrepealable

presumption or one where no contrary laws. Stat. Con. The presumption that
evidence is admitted; and prima facie the lawmaking body does not intend
(disputable or rebuttable) or one which that its laws shall be irrepealable. The
stays until evidence to the contrary is legislature cannot enact irrepealable
laws or limit its future legislative acts.

495
[Suarez, Stat. Con., (1993), p. 32, citing no move to alter or amend the said
Duarte v. David, 32 Phil. 36]. statute, the legislature has acquiesced
in that interpretation. [Suarez, Stat.
Presumption against violation of Con., (1993), p. 34].
international law. Stat. Con. The
presumption that a statute is in Presumption of acting within the
conformity with the rules and principles scope of authority. Stat. Con. The
of international laws, or with the treaties presumption that the legislature acted
duly entered into and accepted by our within the scope of its authority. Hence,
government. [Suarez, Stat. Con., if a statute admits of more than one
(1993), p. 34]. interpretation, one that places the
statute outside of legislative
Presumption against violation of competence, and one that places the
public policy. Stat. Con. The statute within the limits of legislative
presumption that the legislature designs competence, the court should adopt the
to favor and foster, rather than to latter interpretation. [Suarez, Stat. Con.,
contravene, that public policy which is (1993), p. 34, citing Black,
nd
based upon the principles of natural Interpretation of Laws, 2 Ed., p. 138].
justice, good morals, and the settled
wisdom of the law as applied to the Presumption of conjugal partnership.
ordinary affairs of life. [Suarez, Stat. The presumption under Art. 160 of the
Con., (1993), p. 33, citing Compania Civil Code that all property of the
General de Tabacos v. Coll. Of Customs, marriage is presumed to belong to the
46 Phil. 8]. conjugal partnership, unless it be
proved that it pertains exclusively to the
Presumption hominis. Lat. 1. A husband or to wife. [Cobb-Perez v.
presumption of fact. [Martin v. CA, GR Lantin, GR L-22320. May 22, 1968].
82248. Jan. 30, 1992]. 2. A deduction
which reason draws from the facts Presumption of consideration. Nego.
proved without an express direction to Inst. The prima facie presumption that
that effect. [Claridades, A., Compilation every negotiable instrument has been
of Notes, 2001-2006]. See also issued for a valuable consideration; and
Presumption of fact or Inference. every person whose signature appears
thereon has become a party thereto for
Presumption juris. Lat. A presumption value. [Sec. 24, NIL].
or of law. [Martin v. CA, GR 82248. Jan.
30, 1992]. Presumption of constitutionality of
statutes. Stat. Con. The theory is that
Presumption juris et de jure. See as the joint act of the Legislature and
Conclusive presumption. the Executive, every statute is supposed
to have first been carefully studied and
Presumption juris tantum. See determined to be constitutional before it
Disputable presumption. was finally enacted. Hence, unless it is
clearly shown that it is constitutionally
Presumption of abandonment of flawed, the attack against its validity
office by a director. Corp. Law. The must be rejected and the law itself
presumption that a director in a upheld. To doubt is to sustain. [Phil.
corporation who accepts a position in Judges Assoc. v. Prado, GR 105371.
which his duties are incompatible with Nov. 11, 1993].
those as such director has abandoned
his office as director of the corporation. Presumption of continuity of facts.
[Mead v. McCullough, GR 6217. Dec. 26, Proof of the existence at a particular
1911.] time of a fact of continuous nature gives
rise to an inference, within logical limits,
Presumption of acquiescence to that it exists at a subsequent time.
judicial construction. Stat. Con. The [People v. Sawajan, GR 28243. Dec. 12,
presumption that, when the court has 1927].
construed a statute in a particular
manner and the lawmaking body made

496
Presumption of continuity of mental

capacity. Evid. The presumption that Presumption of equality. Succ. The
capacity to act attaches to a person who presumption that heirs instituted
has not previously been declared without designation of shares shall
incapable, and such capacity is inherit in equal parts. [Art. 846, CC].
presumed to continue so long as the
contrary be not proved, that is, that at Presumption of fact. Evid. The
the moment of his acting he was conclusion that, because one fact exists
incapable, crazy, insane, or out of his or is true, another fact exists or is true.
mind. [Standard Oil Co. v. Codina If no new facts arise to contradict the
Arenas, GR 5921. July 25, 1911]. presumption, it is evidence of proof of
the fact. For example, in some
Presumption of continuity of jurisdictions, if a married woman has a
possession. The presumption that a child, her husband is presumed to be
present possessor of property who the father. [Tetley, Glossary of Conflict
shows his possession at some previous of Laws, 2004]. See also Presumption
time has held possession also during the hominis or Inference.
intervening period. [Herrera, Remedial
Law, Vol. VI, 1999 Ed., p. 127]. Presumption of good faith. Stat. Con.
The presumption that the legislature
Presumption of death; extraordinary had good motives in having considered
or qualified absence. Civ. Law. The and adopted a particular law. [Suarez,
following shall be presumed dead for all Stat. Con., (1993), p. 30].
purposes, including the division of the
estate among the heirs: (a) A person on Presumption of individuality. Succ.
board a vessel lost during a sea voyage, The presumption that when the testator
or an aeroplane which is missing, who institutes some heirs individually and
has not been heard of for four years others collectively, those collectively
since the loss of the vessel or designated shall be considered as
aeroplane; (b) a person in the armed individually instituted, unless it clearly
forces who has taken part in war, and appears that the intention of the
has been missing for four years; (c) a testator was otherwise. [Art. 847, CC].
person who has been in danger of death
under other circumstances and his Presumption of innocence. The
existence has not been known for four Constitutional provision that "in all
years. [Art. 391, CC]. criminal prosecutions, the accused shall
be presumed innocent until the contrary
Presumption of death; ordinary is proved". [Art. III, 14, 1987 Const.].
absence. After an absence of seven It is thus axiomatic that "an accused
years, it being unknown whether or not under our law is entitled to an acquittal
the absentee still lives, he shall be unless his guilt is proved beyond
presumed dead for all purposes, except reasonable doubt." [People v. Bostre,
for those of succession. The absentee 230 SCRA 139, 143, Feb. 18, 1994]. 3.
shall not be presumed dead for the A conclusion of law in favor of the
purpose of opening his succession till accused whereby his innocence is not
after an absence of ten years. If he only established but continues until
disappeared after the age of seventy- sufficient evidence is introduced to
five years, an absence of five years shall overcome the proof which the law has
be sufficient in order that his succession created that is, his innocence.
may be opened. [Art. 390, CC]. [People v. Clores, GR L-61408. Oct. 12,
1983].
Presumption of dissolution of former
marriage. The presumption that when Presumption of jurisdiction. Stat. Con.
a person marries twice, the second A statute will not be construed in such a
marriage is valid and the former one has manner as to oust or restrict the
been dissolved by death or divorce. jurisdiction of superior courts, or to vest
[Herrera, Remedial Law, Vol. VI, 1999 a new jurisdiction in them, unless there
Ed., p. 38, citing Adong v. Cheong Seng are express words or a necessary
Gee, 43 Phil. 43]. implication to that effect. [Suarez, Stat.

497
Con., (1993), p. 34, citing Manila Lodge

No. 761 v. CA, GR L-41001. Sep. 30, Presumption of regularity in the
1976]. performance of official duty. Evid. 1.
A disputable or rebuttable presumption
Presumption of knowledge of that an official act or duty has been
existing laws. Stat. Con. The regularly performed. [Sec. 3 (m), Rule
presumption that the lawmaking body 131, RoC]. 2. The presumption of
has full knowledge of all existing laws regularity of official acts may be
on the subject. Hence, if there are two rebutted by affirmative evidence of
laws on the same subject enacted on irregularity or failure to perform a duty.
different dates, the latter law cannot be The presumption, however, prevails
held to have abrogated the former law, until it is overcome by no less than clear
unless the repugnancy is clear, and convincing evidence to the contrary.
convincing and irreconcilable. [Suarez, Thus, unless the presumption is
Stat. Con., (1993), p. 34, citing Manila rebutted, it becomes conclusive. Every
Lodge No. 761 v. CA, GR L-41001. Sep. reasonable intendment will be made in
30, 1976]. support of the presumption and in case
of doubt as to an officer's act being
Presumption of law. 1. An assumption lawful or unlawful, construction should
required by law whenever a be in favor of its lawfulness. [People v.
predetermined set of facts arises, e.g. in De Guzman, GR 106025. Feb. 9, 1994,
criminal law the accused is presumed 31A CJS pp. 332-336].
innocent until proven guilty beyond a
reasonable doubt. [Tetley, Glossary of Presumption of renunciation in the
Conflict of Laws, 2004]. 2. A rule of law delivery of a private instrument.
that courts and judges shall draw a The presumption under Art. 1271 of the
particular inference from a particular Civil Code that the delivery of a private
fact, or from particular evidence. document evidencing a credit, made
[Jurists Legal Dict., 2004]. voluntarily by the creditor to the debtor,
implies the renunciation of the action
Presumption of man. Evid. A which the former had against the latter.
presumption which is formed by the [Claridades, A., Compilation of Notes,
judge from circumstances antecedent 2001-2006].
to, coincident with or subsequent to the
principal fact under investigation. [Vidal Presumption of simultaneity. The
de Roces v. Posadas, GR 34937. Mar. presumption that when the testator calls
13, 1933]. Also called Presuncion de to the succession a person and his
hombre. children, they are all deemed to have
been instituted simultaneously and not
Presumption of marriage. Civ. Law. successively. [Art. 849, CC].
The presumption that persons dwelling
together in apparent matrimony, in the Presumption of suppression of
absence of any counter-presumption or evidence. Evid. The disputable
evidence special to the case, are in fact presumption that evidence willfully
married. The reason is that such is the suppressed would be adverse if
common order of society, and if the produced. [Sec. 3 (e), Rule 131, RoC].
parties were not what they thus hold
themselves out as being, they would be Presumption of survivorship. See
living in the constant violation of Survivorship presumption.
decency and of law. [Adong v. Cheong
See Gee, GR L-18081. Mar. 3, 1922]. Presumption of validity. Evid. The
presumption that a judgment of a court
Presumption of payment of prior of justice is valid and enforceable,
installments. The presumption that where the record discloses that all the
prior installments were paid upon the steps necessary to confer jurisdiction
presentation of a receipt of payment have been taken, and that the court has
subsequent thereto. [Manila Trading & jurisdiction on the subject matter. There
Supply Co. v. Medina, GR L-16477. May is presumption that decisions of the trial
31, 1961].

498
court are correct. [Herrera, Remedial Oct. 27, 1987, citing Padilla, Civil Code
Law, Vol. VI, 1999 Ed., p. 89]. Annotated, 1973 Ed., p. 224-225].
Presumptive death declaration. Pretermission of heirs. Succ. See

Requisites: (a) That the absent spouse Preterition of heirs.
has been missing for four consecutive
years, or two consecutive years if the Pretermission of Holiday. Where the
disappearance occurred where there is day, or the last day, for doing any act
danger of death under the required or permitted by law falls on a
circumstances laid down in Art. 391, regular holiday or special day, the act
Civil Code; (b) that the present spouse may be done on the next succeeding
wishes to remarry; (c) that the present business day. [Sec. 28, Chap. 7, Book I,
spouse has a well-founded belief that Admin. Code of 1987].
the absentee is dead; and (d) that the
present spouse files a summary Pretermitted child. Succ. A child born
proceeding for the declaration of after a will is executed, who is not
presumptive death of the absentee. provided for by the will. [Jurists Legal
[Art. 41, FC]. Dict., 2004].
Presuncion de hombre. Sp. See Pre-test counseling. The process of

Presumption of man. providing an individual information on
the biomedical aspects of HIV/AIDS and
Preterition (of heirs). Also emotional support to any psychological
Pretermission of heirs. Succ. 1. The implications of undergoing HIV testing
omission of one, some, or all of the and the test result itself before he/she is
compulsory heirs in the direct line, subjected to the test. [Sec. 4, RA 8496].
whether living at the time of the
execution of the will or born after the Pre-trial. Rem. Law. A procedural device
death of the testator which shall annul by which the court is called upon after
the institution of heir; but the devises the filing of the last pleading, to compel
and legacies shall be valid insofar as the parties and their lawyers to appear
they are not inofficious. [Art. 854, CC]. before it, and negotiate an amicable
2. The omission in the testator's will of settlement or otherwise make a formal
the compulsory heirs or anyone of them, statement and embody in a single
either because they are not mentioned document the issues of fact and law
therein, or, though mentioned, they are involved in the action, such as the
neither instituted as heirs nor are number of witnesses the parties intend
expressly disinherited. [Neri v. Akutin, to present, the tenor or character of
72 Phil. 323]. their testimonies, their documentary
evidence, the nature and purpose of
Preterition. Succ. Requisites: 1. (a) The each of them, and the number of trial
heir omitted must be a compulsory heir dates that each will need to put on his
in the direct line; (b) the omission must case. [Bench Book for Trial Court
be complete and total in character in Judges, p. 2-33].
such a way that the omitted heir does
not and has not received anything at all Pre-trial conference. Rem. Law.
from the testator by any title Conference among the opposing
whatsoever; and (c) the compulsory heir attorneys and the judge called at the
omitted should survive the testator. discretion of the court to narrow the
[Jurado, Comments & Jurisp. on issues to be tried and to make a final
Succession, 1991 8th Ed., p. 104, citing effort to settle the case without a trial.
Art. 854, CC]. 2. (a) The heir omitted is [Glossary of Legal Terms (Pro-Se),
a forced heir (in the direct line); (b) the 2004].
omission is by mistake or thru an
oversight; (c) the omission is complete Pre-trial investigation. Rem. Law. An
so that the forced heir received nothing investigation which corresponds to the
in the will. [Separate Opinion, Melencio- preliminary investigation, where the
Herrera in Acain v. IAC, GR L-72706. object is to determine the existence of a
prima facie case that would warrant the

499
prosecution of the accused. [Kapunan v. is found guilty of acts warranting his

De Villa, GR L-83177. Dec. 6, 1988]. removal, then he is removed or
Compare with Fact-finding inquiry. dismissed from office. This is the
penalty. [Nera v. Garcia, GR L-13160.
Pre-trial order. Rem. Law. An order Jan. 30, 1960].
embodying the agreements reached at
the pre-trial conference which shall Prevent losses. In its ordinary
control the subsequent course of the connotation, the phrase means that
trial and should not be disturbed unless retrenchment or termination of the
there would be manifest injustice. [Dy, services of some employees is
Jr. v. CA, GR 97130. June 19, 1991]. authorized to be undertaken by the
employer sometime before the losses
Pretrimonial advantage. The anticipated are actually sustained or
enrichment of a person by his receiving realized. [Lopez Sugar Corp. v. Fed. of
and/or enjoying benefits from the Free Workers, GR 75700-01. Aug. 30,
service rendered or for the goods 1990].
delivered by another to him with the
resulting improvement of the condition Price Act. RA 7581 entitled An Act
of his life. [Morenos Law Dict., 2000 providing protection to consumers by
Ed., p. 360]. stabilizing the prices of basic necessities
and prime commodities and by
Prevailing party. The party to a suit prescribing measures against undue
who successfully prosecutes the action price increases during emergency
or successfully defends against it, situations and like occasions enacted
prevailing on the main issue, even on May 27, 1992.
though not necessarily to the extent of
his original contention. [Blacks Law Price ceiling. The maximum price at
Dict., Abr. 5th Ed. (1983), 619]. which any basic necessity or prime
commodity may be sold to the general
Prevailing price. The average price at public. [Sec. 3, RA 7581].
which any basic necessity has been sold
in a given time within a month from the Price comparison. The direct
occurrence of any of the conditions comparison in any advertisement of a
enumerated under Sec. 6 of RA 7851. seller's current price for consumer
[Sec. 3, RA 7581]. products or services with any other price
or statement of value for such property
Preventive injunction. Rem. Law. An or services expressed in pesos,
injunction which commands a party to centavos, fractions or percentages. [Art.
refrain from doing an act. [Morenos 4, RA 7394].
Law Dict., 2000 Ed., p. 361]. Compare
with Prohibition. Price difference. The amount obtained
after subtracting the C.I.F. import price
Preventive suspension. Admin. Law. 1. from the trigger price. [Sec. 4, RA
The suspension from office by the 8800].
proper disciplining authority of any
subordinate officer or employee under Price subsidy. The payment of
his authority pending an investigation, if Government of an additional amount for
the charge against such officer or every unit of output sold by the farmers
employee involves dishonesty, in the open market. [Sec. 4, RA 7607].
oppression or grave misconduct, or
neglect in the performance of duty, or if Price tag. Any device, written, printed,
there are reasons to believe that the affixed or attached to a consumer
respondent is guilty of charges which product or displayed in a consumer
would warrant his removal from the repair or service establishment for the
service. [EO 292]. 2. a preliminary step purpose of indicating the retail price per
in an administrative investigation. It is unit or service. [Art. 4, RA 7394].
not a punishment. If after such
investigation, the charges are Priest. One especially consecrated to the
established and the person investigated service of a divinity and considered as

500
the medium through whom worship, Primary accountability. The

prayer, sacrifice, or other service is to accountability of the head of a
be offered to the being worshipped, and department or office for supplies or
pardon, blessing, deliverance, etc., property transferred to his department
obtained by the worshipper, as a priest or office for issuance to the end-user.
of Baal or of Jehovah; a Buddhist priest. [IRR on Supply & Prop. Mgt., per Sec.
[Adong v. Cheong See Gee, GR L- 383, LGC].
18081. Mar. 3, 1922].
Primary authority. Constitutions, codes,
Prima facie. Lat. At first sight. 1. On the statutes, ordinances, and case law
first appearance. On the face of it. A sources. [Glossary of Legal Terms (Pro-
fact presumed to be true unless Se), 2004].
disproved by some evidence to the
contrary. [Claridades, A., Compilation of Primary beneficiaries. The dependent
Notes, 2001-2006]. 2. A rule whereby a spouse until he remarries and
particular fact constitutes evidence of a dependent children. [Art. 167, LC].
state of affairs, unless contradicted by Compare with Secondary
other stronger, admissible evidence. beneficiaries.
[Tetley, Glossary of Conflict of Laws,
2004]. Primary beneficiary. A beneficiary who
is first entitled to benefits on the death
Prima facie case. A case that is of the insured. [Tiopianco,
sufficient and has the minimum amount Commentaries & Jurisp. on the Ins.
of evidence necessary to allow it to Code of the Phil., 1999 Ed., p. 28].
continue in the judicial process.
[Glossary of Legal Terms (Pro-Se), Primary compulsory heirs. Heirs who
2004]. are always entitled to their legitime as
provided by law regardless of the class
Prima facie evidence. 1. Evidence of compulsory heirs with which they
which, standing alone and unexplained, may concur. They include all kinds of
would maintain the proposition and compulsory heirs with the exception of
warrant the conclusion to support which parents or ascendants. [Jurado,
it is introduced. [Rep. v. Sandiganbayan, Comments & Jurisp. on Succession,
GR 112708-09. Mar. 29, 1996]. 2. 1991 8th Ed., p. 236]. See Secondary
Evidence which suffices for the proof of compulsory heirs.
a particular fact until contradicted and
overcome by other evidence. Primary evidence. Also Best evidence.
[Claridades, A., Compilation of Notes, Evidence which affords the greatest
2001-2006]. Compare with Conclusive certainty of the fact in question.
evidence. [Claridades, A., Compilation of Notes,
2001-2006]. Compare with Secondary
Prima facie or disputable or evidence or Substitutionary
rebuttable presumption. A evidence.
presumption which stays until evidence
to the contrary is admitted. [Diaz, Bus. Primary jurisdiction doctrine. Courts
Law Rev., 1991 Ed., p. 9]. cannot and will not determine a
controversy involving a question which
Primarily confidential. The phrase is within the jurisdiction of an
denotes not only confidence in the administrative tribunal having been so
aptitude of the appointee for the duties placed within its special competence
of the office but primarily close intimacy under a regulatory scheme. In such
which insures freedom of [discussion instances the judicial process is
and delegation and reporting] without suspended pending referral to the
embarrassment or freedom from administrative body for its view on the
misgivings of betrayals of personal trust matter in dispute. [Brett v. IAC, GR
or confidential matters of state. [Tria v. 74223, 27 Nov. 1990, 191 SCRA 687,
Sto. Tomas, GR 85670. July 31, 1991]. 698 and Industrial Ent. v. CA, GR
88550, 18 Apr. 1990, 184 SCRA 426,
432].

501
participation of the subject accused in

Primary or corporate franchise. The the criminal resolution and (b)
right to exist as a corporation which is performance by him of another act
vested in the individuals who compose indispensable to the accomplishment of
the corporation and not in the the crime. [People v, Fronda, GR
corporation itself, and cannot be 102361-62. May 14, 1993].
conveyed in the absence of legislative
authority so to do. [JRS Business v. Principal by inducement. Requisites:
Imperial Ins., GR L-19891. July 31, (a) That the inducement be made
1964]. Compare with Secondary or directly with the intention of procuring
special franchise. the commission of the crime; and (b)
that such inducement be the
Primary processing. The physical determining cause of the commission of
alteration of raw agricultural or fishery the crime by the material executor.
products with or without the use of [People v. Dela Cruz, GR L-30912. Apr.
mechanical facilities. [Sec. 4, RA 8435]. 30, 1980].
Prime commodities. They include fresh Principal debtor. A party ultimately

fruits; flour; dried processed and canned liable on the negotiable instrument,
pork; beef and poultry meat; dairy hence the maker or acceptor. [Diaz,
products not falling under basic Bus. Law Rev., 1991 Ed., p. 360].
necessities; noodles; onions; garlic;
vinegar; patis; soy sauce; toilet soap; Principal display panel. That part of
fertilizer; pesticides; herbicides; poultry; the label that is most likely to be
swine and cattle feeds; veterinary displayed, presented, shown or
products for poultry, swine and cattle; examined under normal and customary
paper; school supplies; nipa shingles; conditions of display for retail or sale.
sawali; cement; clinker; GI sheets; [Art. 4, RA 7394].
hollow blocks; plywood; plyboard;
construction nails; batteries; electrical Principal officer. The head of a
supplies; light bulbs; steel wire; and all consulate or consulate general of the
drugs not classified as essential drugs Philippines. [Sec. 5, RA 7157].
by the DOH. [Sec. 3, RA 7581].
Principals. The following are considered
Primitive tribe. A group of endemic tribe principals: (a) Those who take a direct
living primitively as a distinct portion of part in the execution of the act; (b)
a people from a common ancestor. [Sec. those who directly force or induce
3, PD 705]. others to commit it; (c) those who
cooperate in the commission of the
Principal. An agents master; the person offense by another act without which it
for whom an agent has received would not have been accomplished.
instruction and to whose benefit the [Art. 17, RPC].
agent is expected to perform and make
decisions. [Duhaime's Legal Dict., Printed. As applied to books, that which
2004]. is produced by printing, lithography,
photography, duplication, or any like
Principal by indispensable process. [Sec. 3, PD 812].
cooperation. One who shall participate
in the criminal resolution, a conspiracy Printed matter. The reproduction upon
or unity in criminal purpose and paper, by any process except that of
cooperation in the commission of the handwriting or typewriting, of any
offense by performing another act words, letters, characters, figures or
without which it would not have been images, or any combination thereof, not
accomplished. [People v. Jorge, GR having the character of an actual and
99379. Apr. 22, 1994, citing Padilla, personal correspondence. [Sec. 2, RA
Crim. Law Book I, 1974 Ed., p. 517]. 7354].
Principal by indispensable Printer. The proprietor of the printing

cooperation. Requisites: (a) establishment. [Sec. 3, PD 812].

502
registering his deed of sale. [Cruz v.

Prior est in tempore, potior est in Cabana, GR 56232, 22 June 1984, 129
jure. Lat. He who is first in time is SCRA 656, citing Carbonell v. CA, 69
preferred in right. [La Urbana v. SCRA 99, Crisostomo v. CA, GR 95843,
Bernardo, 62 Phil. 790, 806]. 02 Sep. 1992; Vitug, Compendium of
Civil Law and Jurisp., 1993 Ed., p. 604).
Priority of possession. Prior possession
of the disputed property by a Privacion de libertad. Sp. Deprivation
contending party before the controversy of liberty. As used in the Spanish text of
arose. [Morenos Law Dict., 2000 Ed., p. Art. 157 of the Rev. Penal Code, the
363]. term is not the same as the word
"imprisonment" as erroneously
Prior restraint or censorship. A translated in the English text. Hence,
curtailment of the freedom of while "imprisonment" cannot include
expression and of the press made destierro, "privacion de libertad" may
through restrictions or conditions in include it. [People v. Abilong, GR L-
advance of actual publication or 1960. Nov. 26, 1948]. Inasmuch as the
dissemination. [Suarez, Pol. Law Rev. Penal Code was originally approved
Reviewer, 1st Ed., 2002, p. 158]. and enacted in Spanish, the Spanish
text governs. [People v. Manaba, 58
Prior tempore potior jure. Lat. He who Phil., 665, 668].
is first in time is preferred in right.
[Gomez v. Jugo, 48 Phil., 118 (1925)]. Private. Belonging to or concerning, an
individual person, company, or interest.
Prision correccional, suspension, and [Aquino-Sarmiento v. Morato, GR
destierro. The penalties the duration 92541. Nov. 13, 1991, citing People v.
which shall be from six months and one Powell, 274 NW 372 (1937)]. Compare
day to six years, except when with Public.
suspension is imposed as an accessory
penalty, in which case, its duration shall Private bills. Bills filed in Congress that
be that of the principal penalty. [Art. 27, will not operate directly for the public
RPC]. good but are calculated to serve
goodwill (i.e., bills granting honorary
Prision mayor and temporary membership). [Claridades, A.,
disqualification. The penalties the Compilation of Notes, 2001-2006].
duration of which shall be from six years
and one day to twelve years (of Private carrier. One which, without
imprisonment), except when the penalty being engaged in the business of
of disqualification is imposed as an carrying as a public employment,
accessory penalty, in which case its undertakes to deliver goods or
duration shall be that of the principal passengers for compensation. [Home
penalty. [Art. 27, RPC]. Ins. Co. v. Amer. Steamship Agency, 23
SCRA 24]. Compare with Common
Prius tempore, potior jure. Lat. First in carriers.
time, stronger in right. 1. Knowledge by
the first buyer of the second sale cannot Private corporations. Corporations
defeat the first buyer's rights except formed fro some private purpose,
when the second buyer first registers in benefit, or end. [De Leon, Corp. Code of
good faith the second sale. [Olivares v. the Phil. Annotated, 1989 Ed., p. 40].
Gonzales, 159 SCRA 33]. 2. Conversely, Compare with Public corporations.
knowledge gained by the second buyer
of the first sale defeats his rights even if Private crimes. Crimes which cannot be
he is first to register, since knowledge prosecuted except upon a complaint
taints his registration with bad faith. filed by the offended party, such as
[See also Astorga v. CA, GR 58530, 26 concubinage, adultery, seduction,
Dec. 1984]. 3. It is essential, to merit abduction, acts of lasciviousness and
the protection of Art. 1544, 2nd Par. of defamation imputing any of the
the Civil Code, that the second realty aforesaid offenses. [People v. CFI of
buyer must act in good faith in

503
Quezon, Branch VII, GR L-46772. Feb. another, can embark on a business

13, 1992]. activity. [Sec. 4, RA 7796].
Private detective. A private detective is Private gratuitous permit. The

any person who is not a member of a gratuitous permit granted by the
regular police agency of the Armed provincial governor to any owner of
Forces of the Philippines who does land. [Sec. 50, RA 7942].
detective work for hire, reward, or
commission. [Sec. 3, RA 5487]. Private hospital. One which is privately
owned, established and operated with
Private detective agency. A private funds raised or contributed through
detective agency is any person, who, for donations, or by private capital or other
hire or reward or on commission, means, by private individuals,
conducts or carries on or holds himself association, corporation, religious
or itself out as conducting or carrying on organization, firm, company or joint
a detective agency, or detective service. stock association. [Sec. 2, RA 4226].
[Sec. 3, RA 5487].
Private international law. That division
Private development banks. Banks of international law that deals primarily
duly organized under RA 4093 with with the rights and duties of individuals
authority to operate under existing laws. and nongovernmental organizations in
[Sec. 4, RA 7607]. their international affairs. [Intl. Law
Dict. & Direct., 2004]. See also Conf. of
Private document. Every deed or Laws.
instrument executed by a private
person, without the intervention of a Private labeler. An owner of a brand or
public notary or of other person legally trademark on the label of consumer
authorized, by which document some product other than a manufacturer of
disposition or agreement is proved, the product. [Art. 4, RA 7394].
evidenced or set forth. [US v. Orera, GR
3810. Oct. 18, 1907]. Private land. Any land belonging to any
private person which includes alienable
Private employment agency. Ay and disposable land being claimed by a
person or entity engaged in the holder, claimant, or occupant who has
recruitment and placement of workers already acquired a vested right thereto
for a fee which is charged, directly or under the law, although the
indirectly, from the workers or corresponding certificate or evidence of
employers or both. [Art. 13, LC]. title or patent has not been actually
issued. [Sec. 3, RA 7942].
Private Employment Agency Act. Act
No. 3957, as amended. [Expressly Private law. 1. Body of rules which
repealed by the Labor Code]. creates duties, rights and obligations,
and the means and methods of setting
Private enterprise. An economic system courts in motion for the enforcement of
under which property of all kinds can be a right or of a redress of wrong.
privately owned and in which [Suarez, Stat. Con., (1993), p. 38, citing
individuals, alone or in association with Words & Phrases, Vol. 24, 337]. 2. That
another, can embark on a business law, such as a contract between two
activity. This includes industrial, persons or a real estate transaction,
agricultural, agro-industrial or service which applies only to the persons who
establishments engaged in the subject themselves to it. [Glossary of
production, manufacturing, processing, Legal Terms (Pro-Se), 2004].
repacking, assembly, or production of
goods. [Sec. 1, IRR, RA 7796]. Private motor vehicle. Any of the
following: (a) Any motor vehicle owned
Private enterprises. An economic by individuals and juridical persons for
system under which property of all kinds private use; (b) any motor vehicle
can be privately owned and in which owned by the National Government or
individuals, alone or in association with any of its agencies, instrumentalities or

504
political subdivisions, including Private schools. Educational institutions

government-owned or controlled maintained and administered by private
corporations or their subsidiaries for individuals or groups. [Sec. 26, BP 232].
official use; and (c) any diplomatic
vehicle. Private sector infrastructure or
development projects. The general
Private nuisance. 1. A nuisance that is description of infrastructure or
not included in the definition of Public development projects normally financed
nuisance. [Art. 695, CC]. 2. One which and operated by the public sector but
violates only private rights and produces which will now be wholly or partly
damages to but one or a few persons. implemented by the private sector. [Sec.
[Tolentino, Civil Code of the Phil., Vol. 2, RA 7718].
II, Repr. 2001, p. 436, citing 34 Ind.
App. 346, 72 NE 1037]. Private Security Agency Law, The. RA
5487 entitled An Act to regulate the
Private nuisance, remedies against. organization and operation of private
(a) A civil action; or (b) abatement, detective, watchmen or security guards
without judicial proceedings. [Art. 705, agencies enacted on June 21, 1969.
CC].
Privies. Those who have mutual or
Private ownership. Property belonging successive relationship to the same
to private persons either individually or rights of property or subject matter such
collectively. [Memo. from the Exec. Sec. as personal representatives, heirs,
dated Aug. 20, 1998]. devisees, legatees, assigns, voluntary
grantees, or judgment creditors or
Private practice. The term, as purchasers from them with notice of the
commonly understood, means "an facts. [Claridades, A., Compilation of
individual or organization engaged in Notes, 2001-2006].
the business of delivering legal
services. [Cayetano v. Monsod, GR Privilege. 1. A benefit or advantage to
100113. Sep. 3, 1991]. certain persons beyond the advantages
of other persons, i.e., an exemption,
Private practitioner. The term which in immunity, power, etc. [Glossary of Legal
many ways is synonymous with the Terms (Pro-Se), 2004]. 2. A special and
word "lawyer." [Cayetano v. Monsod, exclusive legal advantage or right such
GR 100113. Sep. 3, 1991]. as a benefit, exemption, power or
immunity. [Duhaime's Legal Dict.,
Private recruitment entity. Any person 2004].
or association engaged in the
recruitment and placement of workers, Privileged communication. 1. A
locally or overseas, without charging, communication made bona fide upon
directly or indirectly, any fee from the any subject matter in which the party
workers or employers. [Art. 13, LC]. communicating has an interest, or in
reference to which he has a duty and
Private right. Titled rights of ownership made to a person having a
under existing laws, and in the case of corresponding interest or duty, although
primitive tribes, to rights of possession it contained incriminatory matter which
existing at the time a license is granted without this privilege would be
under the Forestry Reform Code, which slanderous and actionable [Daez v. CA,
possession may include places of abode GR 47971. Oct. 31, 1990, citing Harrison
and worship, burial grounds, and old v. Bush, 5 E. & B., 3441]. 2. A
clearings, but excludes production forest statement made by a person in trust to
inclusive of logged-over areas, another, such as a lawyer, a doctor or a
commercial forests and established priest, which statement may not be
plantations of forest trees and trees of revealed at the trial without the consent
economic value. [Sec. 3, PD 705]. of the litigant. [Torres, Oblig. & Cont.,
2000 Ed., p. 354].

505
Privileged communication. Requisites privity with another. One who is a

in order that the privilege may be partaker or has any part or interest in
successfully invoked: (a) the privilege is any action, matter, or thing. [Blacks
claimed in a civil case; (b) the person Law Dict., Abr. 5th Ed. (1983), 627].
against whom the privilege is claimed is
one duly authorized to practice Prize. Intl. Law. A thing captured at sea
medicine, surgery or obstetrics; (c) such in time of war, such as a neutral
person acquired the information while merchant vessel taken by a belligerent
he was attending to the patient in his warship for engaging in hostile activities
professional capacity; (d) the or resisting visit and search, or because
information was necessary to enable of reasonable suspicion that it is liable
him to act in that capacity; and, (e) the to confiscation. [Cruz, Intl. Law
information was confidential and, if Reviewer, 1996 Ed., p. 152].
disclosed, would blacken the reputation
(formerly character) of the patient. Prize court. Intl. Law. A tribunal
[Krohn v. CA, GR 108854. June 14, established by a belligerent under its
1994]. own laws, in its territory or in the
territory of any of its allies, for the
Privileged motion. A motion that purpose of determining the validity of
pertains to a subject matter which, maritime captures. [Cruz, Intl. Law
under the rules, takes precedence over Reviewer, 1996 Ed., p. 152].
others. [Rule XXI. 123, Rules of the
HoR]. Probable aggressor. In the natural
order of things, the person who, before
Privilege from arrest. Pol. Law. The the event in question, had felt aggrieved
immunity granted to the members of or offended. [Morenos Law Dict., 2000
the Congress under Art. VI, Sec. 11 of Ed., p. 366].
the 1987 Constitution from arrest, in all
offenses punishable by not more than Probable cause. 1. Such reasons,
six years imprisonment, while the supported by facts and circumstances,
Congress is in session. [Claridades, A., as will warrant a cautious man in the
Compilation of Notes, 2001-2006]. See belief that his action, and the means
Parliamentary immunities. taken in prosecuting it, are legally just
and proper. [Bernas, The Const. of the
Privity. A legal relationship sufficiently Rep. of the Phils.: A Commentary, Vol.
close and direct to support a legal claim I., 1987 Ed., p. 86, citing People v. Sy
on behalf of or against another with Juco, 64 Phil. 674 (1937)]. 2. The
whom the relationship exists. [Intl. Law existence of such facts and
Dict. & Direct., 2004]. circumstances as would excite the
belief, in a reasonable mind, acting on
Privity of contract. 1. The relationship the facts within the knowledge of the
created between the parties to a prosecutor, that the person charged was
contract. [Torres, Oblig. & Cont., 2000 guilty of the crime for which he was
Ed., p. 354]. 2. That connection or prosecuted. [Que v. IAC, GR 66865,
relation which exists between two or Jan. 13, 1989, 169 SCRA 137].
more contracting parties. [Blacks Law
Dict., Abr. 5th Ed. (1983), 631]. Probable cause, existence of.
Requisites: (a) The judge (or) officer
Privity of estate. That which exists must examine the witnesses personally;
between lessor and lessee, tenant for (b) the examination must be under
life and remainderman or reversioner, oath; and (c) the examination must be
etc. and their respective assignees, and reduced to writing in the form of
between joint tenants and co-partners. searching questions and answers.
[Morenos Law Dict., 2000 Ed., p. 365]. [Marinas v. Sioco, 104 SCRA 403,
Ponsica v. Ignalaga, GR 72301, July 31,
Privy. 1. One who is a partaker or has 1987, 152 SCRA 647].
any part or interest in any action,
matter, or thing. [Morenos Law Dict., Probable cause for a search warrant.
2000 Ed., p. 365]. 2. A person who is in Such facts and circumstances which

506
would lead a reasonably discrete and to imprisonment. [Glossary of Legal

prudent man to believe that an offense Terms (Pro-Se), 2004]. 3. A kind of
has been committed and that the punishment given out as part of a
objects sought in connection with the sentence which means that instead of
offense are in the place sought to be jailing a person convicted of a crime, a
searched. [Burgos v. Chief of Staff, GR judge will order that the person reports
64261, Dec. 26, 1984, 133 SCRA 800]. to a probation officer regularly and
according to a set schedule. [Duhaime's
Probable cause for the issuance of a Legal Dict., 2004].
warrant of arrest. Such facts and
circumstances which would lead a Probationary. The word, as used to
reasonably discreet and prudent man to describe the period of employment,
believe that an offense has been implies the purpose of the term or
committed by the person sought to be period, but not its length. [Intl. Catholic
arrested. [Allado v. Diokno, 232 SCRA Migration Commission v. NLRC, GR
192 (1994)]. 72222. Jan. 30, 1989].
Probate. 1. The legal procedure to Probationary employee. As understood

determine whether a certain document under Art. 282 (now Art. 281) of the
claimed to be a last will and testament Labor Code, one who is on trial by an
is valid and properly executed in employer during which the employer
compliance with law. [Torres, Oblig. & determines whether or not he is
Cont., 2000 Ed., p. 354]. 2. Court qualified for permanent employment.
proceeding by which a will is proved [Intl. Catholic Migration Commission v.
valid or invalid. All proceedings NLRC, GR 72222. Jan. 30, 1989].
pertaining to the administration of
estates such as the process by which Probationary employment.
assets are gathered; applied to pay Employment which shall not exceed six
debts, taxes, and expenses of months from the date the employee
administration; and distributed to those started working, unless it is covered by
designated as beneficiaries in the will. an apprenticeship agreement stipulating
[Glossary of Legal Terms (Pro-Se), a longer period. The services of an
2004]. 3. The formal certificate given by employee who has been engaged on a
a court that certifies that a will has been probationary basis may be terminated
proven, validated and registered and for a just cause or when he fails to
which, from that point on, gives the qualify as a regular employee in
executor the legal authority to execute accordance with reasonable standards
the will. [Duhaime's Legal Dict., 2004]. made known by the employer to the
See Allowance of wills. employee at the time of his
engagement. An employee who is
Probate court. 1. The court with allowed to work after a probationary
authority to supervise estate period shall be considered a regular
administration. [Glossary of Legal Terms employee. [Art. 281, LC].
(Pro-Se), 2004]. 2. The name given to
the court that has this power to ratify Probationer. A person placed on
wills. [Duhaime's Legal Dict., 2004]. probation. [Sec. 3, PD 968].
Probation. 1. A disposition under which a Probation Law of 1976. PD 968.

defendant, after conviction and entitled Establishing a probation
sentence, is released subject to system, appropriating funds therefor
conditions imposed by the court and to and for other purposes signed into law
the supervision of a probation officer. on July 24, 1976.
[Sec. 3, PD 968]. 2. An alternative to
imprisonment allowing a person found Probation officer. One who investigates
guilty of an offense to stay in the for the court a referral for probation or
community, usually under conditions supervises a probationer or both. [Sec.
and under the supervision of a 3, PD 968].
probation officer. A violation of
probation can lead to its revocation and

507
Pro bono. Lat. Provided for free. Pro proceeding; (c) the defendant must be
bono publico means for the public good. given an opportunity to be heard; and
[Duhaime's Legal Dict., 2004]. (d) judgment must rendered upon
lawful hearing. [El Blanco Espaol-Filino,
Procedural due process. That which v. Palanca, GR L-11390. Mar. 26, 1918].
hears before it condemns, which Compare with Procedural due
proceeds upon inquiry and renders process in administrative
judgment only after trial. It proceedings.
contemplates notice and opportunity to
be heard before judgment is rendered Procedural lapse or error. Proceedings
affecting one's person or property. (which are deemed to be) null and void
[Macabingkil v. Yatto, 21 SCRA 131 if and when the error is shown to have
(1967), citing Cruzcosa v. Concepcion, caused harm. [Lindo v. Comelec, GR
101 Phil. 147 (1957), Abuan v. Valera, 95016. Feb. 11, 1991].
72 SCRA 301(1976)]. Compare with
Substantive due process. Procedural law. See Adjective law.
Procedural due process. Common Procedural law. Also Adjective private

elements: (a) Notice; and (b) law. The means and methods of setting
opportunity to be heard. [Suarez, Pol. the courts in motion, making the facts
Law Reviewer, 1st Ed., 2002, p. 98]. known to them and effectuating their
judgments. [Suarez, Stat. Con., (1993),
Procedural due process in p. 39]. Compare with Substantive
administrative proceedings. private law.
Requirements: (a) The right to a
hearing which includes the right of the Procedure. The means whereby the
party interested or affected to present court reaches out to restore rights and
his own case and submit evidence in remedy wrongs, and includes every step
support thereof; (b) the tribunal must which may be taken from the beginning
consider the evidence presented; (c) the to the end of a case [Maritime Co. v.
decision must have something to Paredes, GR L-24811. Mar. 3, 1967,
support itself; (d) the evidence must be citing 72 CJS 473].
substantial; (e) the decision must be
rendered on the evidence presented at Proceeding. A judicial, administrative, or
the hearing, or at least contained in the other adjudicative process, including
record and disclosed to the parties related pre-hearing motions,
affected; (f) the tribunal or body or any conferences and disco-very. [Sec. 3, RA
of its judges must act on its or his own 9285].
independent consideration of the law
and facts of the controversy, and not Process. It is equivalent to, or
simply accept the views of a subordinate synonymous with proceedings or
in arriving at a decision; (g) the tribunal procedure and embraces all the steps
or body should, in all controversial and proceedings in a cause from its
questions, render its decision in such a commencement to its conclusion.
manner that the parties to the Sometimes, the term is also broadly
proceeding can know the various issues defined as the means whereby a court
involved, and the reasons for the compels compliance with its demands.
decisions rendered. [Ang Tibay v. CIR, [Macondray v. Bernabe, 67 Phil.
GR 46496. Feb. 27, 1940]. Procedural 658,661 (1939), citing 50 CJ 441].
due process in judicial proceedings.
Processed food or food products.
Procedural due process in judicial Food that has been subjected to some
proceedings. Requirements: (a) There degree of processing like milling, drying,
must be a court of tribunal clothed with concentrating, canning, or addition of
judicial power to hear and determine some ingredients which changes
the matter before it; (b) jurisdiction partially or completely the physico-
must be lawfully acquired over the chemical and/or sensory characteristics
person of the defendant or over the of the food's raw material. [Sec. 3, RA
property which is the subject of the 8976].

508
services, by written order or contract

Processing. Converting raw materials through bidding or negotiation or by
into marketable form by a special transfer under existing laws or
treatment or a series of actions that regulations. [IRR on Supply & Prop.
results in a change of the nature or Mgt., per Sec. 383, LGC].
state of the products, such as by
slaughtering, milling, pasteurizing, Procuring entity. Any branch,
drying or desiccating, quick freezing, department, office, agency, or
and the like. Merely packing, packaging, instrumentality of the government,
or sorting out and classifying shall not, including state universities and colleges,
by themselves, constitute processing. government-owned and/or controlled
[Sec. 3, RA 6135]. corporations, government financial
institutions, and local government units
Processing plant. Any mechanical set- procuring goods, consulting services and
up, machine or combination of machine infrastructure projects. [Sec. 5, RA
used for the processing of logs and 9184].
other forest raw materials into lumber,
veneer, plywood, wallboard, blackboard, Procuring entity, head of the. (i) The
paper board, pulp, paper or other head of the agency or his duly
finished wood product. [Sec. 3, Rev. authorized official, for national
Forestry Code]. government agencies; (ii) the governing
board or its duly authorized official, for
Processor. A person issued a license to government-owned and/or-controlled
engage in the treatment of minerals or corporations; or (iii) the local chief
ore-bearing materials such as by gravity executive, for local government units.
concentration, leaching benefication, Provided, That in a department, office
cyanidation, cutting, sizing, polishing or agency where the procurement is
and other similar activities. [Sec. 3, RA decentralized, the Head of each
7076]. decentralized unit shall be considered as
the Head of the procuring entity subject
Processual presumption. The to the limitations and authority
presumption that, in the absence of delegated by the head of the
proof, the foreign law is the same as the department, office or agency. [Sec. 5,
law of the forum. [Miciano v. Brimo, 50 RA 9184].
Phil. 867 (1924)].
Producer. Any individual or group of
Proces verbal. Intl. Law. The formal individuals engaged in the production of
record of the proceedings or conference, movies, films, motion pictures, shows or
for which sometimes the term protocol advertisements, whether on cinema,
is used. [Coquia and Santiago, Intl. Law, theater, radio or television, wherein the
3rd Ed. (1998), p. 494]. services of such child/employee are
hired. [Sec. 2, RA 7658].
Procuration. Agency; proxy; the act of
constituting another ones attorney in Producer goods. Goods (as tools and
fact. Indorsing a bill or note by raw material) that are factors in the
procuration is doing it as proxy to production of other goods and that
another or by his authority. [Blacks Law satisfy wants only indirectly; also called
Dict., Abr. 5th Ed. (1983), 631]. auxiliary goods, instrumental goods,
intermediate goods. (They are by their
Procurement. 1. The acquisition of very nature not sold to the public for
goods, consulting services, and the consumption.) [Marsman & Co. v. First
contracting for infrastructure projects by Coconut Central Co., GR L-39841. June
the procuring entity. Procurement shall 20, 1988, citing Webster's 3rd New Intl.
also include the lease of goods and real Dict., 1971 Ed.].
estate. With respect to real property, its
procurement shall be governed by the Producer of a sound recording. The
provisions of RA 8974. [Sec. 5, RA person, or the legal entity, who or which
9184]. 2. The acquisition of supplies or takes the initiative and has the
property, including non-personal responsibility for the first fixation of the

509
sounds of a performance or other six (6) months of continuous service.

sounds, or the representation of sounds. [Sec. 4, RA 6971].
[Sec. 202, RA 8293].
Product liability. Legal responsibility of
Producers cooperative. One that manufacturers and sellers to buyers,
undertakes joint production whether users, and bystanders for damages or
agricultural or industrial. [Art. 23, RA injuries suffered because of defects in
6938]. goods. [Jurists Legal Dict., 2004].
Producing patented mineral claims. Profectitious property. Property given

Those claims producing minerals for by the parents to the minor child for the
commercial purposes. [Sec. 18, PD latter to administer. It is owned by the
464]. parents who are also the usufructuary of
the property. Compare with
Product. Anything that is produced, Adventitious property.
whether as the result of generation,
growth, labor or thought. [Molina v. Professional. One who pursues an art
Rafferty, 38 Phil. 171; 50 CJS, pp. 631- and makes his living therefrom such as
632]. artists, athletes and others similarly
situated. [Sec. 2, RA 7496].
Production cost. The total of the cost of
direct labor, raw materials, and Professional reinsurer. Any person,
manufacturing overhead, determined in partnership, association or corporation
accordance with generally accepted that transacts solely and exclusively
accounting principles, which are reinsurance business in the Philippines.
incurred in manufacturing or processing [Sec. 280, IC].
the products of a registered export
producer. [Sec. 3, RA 6135]. Professionals. Persons who derive their
income from the practice of their
Production infrastructure. Farm-to- profession. This includes lawyers and
market roads, irrigation, rural other persons who are registered with
electrification, ports, drying areas, public the Professional Regulation Commission
sites, warehouses and other physical such as doctors, dentists, certified public
facilities used for productivity enhancing accountants and others similarly
services, extension management situated. [Sec. 2, RA 7496].
assistance, training, research and
development. [Sec. 4, RA 7607]. Professional squatters. Individuals or
groups who occupy lands without the
Productivity Incentives Act of 1990. express consent of the landowner and
RA 6971 entitled An Act to encourage who have sufficient income for
productivity and maintain industrial legitimate housing. The term shall also
peace by providing incentives to both apply to persons who have previously
labor and capital enacted on Nov. 22, been awarded homelots or housing units
1990. by the Government but who sold, leased
or transferred the same to settle illegally
Productivity incentives program. A in the same place or in another urban
formal agreement established by the area, and non-bona fide occupants and
labor-management committee intruders of lands reserved for socialized
containing a process that will promote housing. The term shall not apply to
gainful employment, improve working individuals or groups who simply rent
conditions and result in increased land and housing from professional
productivity, including cost savings, squatters or squatting syndicates. [Sec.
whereby the employees are granted 3, RA 7279].
salary bonuses proportionate to
increases in current productivity over Profit. 1. The series of an amount
the average for the preceding three (3) received over the amount paid for goods
consecutive years. The agreement shall and services. [Nicolas v. CA, GR 122857.
be ratified by at least a majority of the Mar. 27, 1998, citing Barron's Law Dict.,
employees who have rendered at least 1991]. 2. The excess of return over

510
expenditure in a transaction or series of Pro-forma parties. Those who are

transactions. [Nicolas v. CA, GR 122857. required to be joined as co-parties in
Mar. 27, 1998, citing Webster's 3rd New suits by or against another party as may
Intl. Dict., Unabr., 1986]. be provided by the applicable
substantive law or procedural rule.
Profiteering. The sale or offering for [Claridades, A., Compilation of Notes,
sale of any basic necessity or prime 2001-2006].
commodity at a price grossly in excess
of its true worth. [Sec. 5, RA 7581]. Program. The functions and activities
necessary for the performance of a
Pro forma. As a matter of form; in major purpose for which a government
keeping with a form or practice. agency is established. [Sec. 2, Chap. 1,
[Duhaime's Legal Dict., 2004]. Book VI, EO 292].
Pro-forma motion. A motion that Progressive tax. Also Graduated tax.

merely advances facts or arguments 1. Tax the rate of which increases as the
that were already available when the tax base or bracket decreases. [De
preceding motion for reconsideration Leon, Fundamentals of Taxation, 2000
was submitted. Such succeeding motion Ed., p. 15]. 2. A tax in which the rate of
should not interrupt any procedural taxation increases as income increases.
period by the Rules of Court. [PAL v. [Intl. Law Dict. & Direct., 2004].
Arca, 19 SCRA 300].
Progressive taxation. Taxation the rate
Pro-forma motion for new trial. 1. A of which goes up depending on the
motion for new trial based exactly on resources of the person affected. [Reyes
the very ground alleged in the motion v. Almanzor, GR 49839-46. Apr. 26,
for reconsideration, which does not 1991]. Compare with Equitable
suspend the period granted by law for taxation.
perfecting an appeal. [Samudio v.
Municipality of Gainza, 100 Phil. 1013 Pro hac vice. Lat. For this turn; for this
(1957)]. 2. A motion for new trial where one particular occasion. [Blacks Law
the evidence claimed to be newly Dict., Abr. 5th Ed. (1983), 633].
discovered is not specifically described
in the motion. [See Loria v. CA, 6 SCRA Prohibited drug. 1. This includes opium
1067 (1962)]. 3. A motion for new trial and its active components and
on the ground of newly discovered derivatives, such as heroin and
evidence which does not set forth facts morphine; coca leaf and its derivatives,
or circumstances which would qualify principally cocaine; alpha and beta
said evidence as newly discovered. eucaine; hallucinogenic drugs, such as
[Dapin v. Dionaldo, GR 55488. May 15, mescaline, lysergic acid diethylamide
1992]. (LSD) and other substances producing
similar effects; Indian hemp and its
Pro forma motion for derivates; all preparations made from
reconsideration. 1. A motion which any of the foregoing; and other drugs,
raises as a ground that the judgment is whether natural or synthetic, with the
against the evidence presented and is physiological effects of a narcotic drug.
against the law without pointing out the [Sec. 2, RA 6425]. 2. This includes
findings and pronouncements made in opium, cocaine, alpha and beta eucaine,
that judgment that were contrary to Indian hemp, their derivatives, and all
evidence and the law. [Morenos Law preparations made from them or any of
Dict., 2000 Ed., p. 366]. A motion for them, and such other drugs, whether
reconsideration which is but a natural or synthetic, having
reiteration of the reasons and physiological action as a narcotic drug.
arguments previously set forth in [Art. 190, RPC].
movants memorandum but which has
already been considered, weighed and Prohibited transactions. Crim. Law.
resolved adversely to him in the decision The felony committed by any appointive
rendered on the merits. [Ibid.]. public officer who, during his
incumbency, shall directly or indirectly

511
become interested in any transaction of verified petition in the proper court

exchange or speculation within the alleging the facts with certainty and
territory subject to his jurisdiction. [Art. praying that judgment be rendered
215, RPC]. commanding the defendant to desist
from further proceedings in the action
Prohibited pleadings and motions. or matter specified therein. [Sec. 2, Rule
Pleadings, motions, or petitions not 65, RoC]. 2. Preventive action intended
allowed in the cases covered by under to stop the court, corporation, board or
Sec. 19 of the Revised Rules on person exercising judicial or ministerial
Summary Procedure. [Bayview Hotel v. functions from the usurping or
CA, GR 119337. June 17, 1997]. exercising jurisdiction which it/he does
not have. Prohibition does not undo
Prohibited publication of acts action but restraints further
referred to in the course of official proceedings. An aggrieved party may
proceedings. Crim. Law. The felony file this petition if there is no appeal or
committed by any reporter, editor or any other plain, speedy or adequate
manager or a newspaper, daily or remedy in the ordinary course of law
magazine, who shall publish facts which will prevent the performance of
connected with the private life of some act. [Claridades, A., Compilation
another and offensive to the honor, of Notes, 2001-2006].
virtue and reputation of said person,
even though said publication be made in Prohibitive laws, rule on. The rule that
connection with or under the pretext prohibitive laws concerning persons,
that it is necessary in the narration of their acts or property, and those which
any judicial or administrative have for their object public order, public
proceedings wherein such facts have policy and good customs shall not be
been mentioned. [Art. 357, RPC]. rendered ineffective by laws, or
judgments promulgated, or by
Prohibition. A legal restriction against determinations or conventions agreed
the use of something or against certain upon in a foreign country. [Art. 17, CC].
conduct. [Duhaime's Legal Dict., 2004].
Prohibitory injunction. Rem. Law. An
Prohibition, interruption and injunction that operates to restrain the
dissolution of peaceful meetings. commission or continuance of an act
Crim. Law. The felony committed by any and to prevent threatened injury. It
public officer or employee: (a) who, commands a person to refrain from
without legal ground, shall prohibit or doing an act. Its sole objective is to
interrupt the holding of a peaceful preserve the status quo until the merits
meeting, or shall dissolve the same; or can be heard. [Morenos Law Dict., 2000
(b) who shall hinder any person from Ed., p. 369]. 2. The relief demanded in
joining any lawful association or from the plaintiff's complaint which consists in
attending any of its meetings, or (c) restraining the commission or
who shall prohibit or hinder any person continuance of the act complained of,
from addressing, either alone or either perpetually or for a limited period,
together with others, any petition to the and the other conditions required by
authorities for the correction of abuses Sec. 3, Rule 58 of the Rules of Court are
or redress of grievances. [Art. 131, present. The purpose of this provisional
RPC]. remedy is to preserve the status quo of
the things subject of the action during
Prohibition, petition for. 1. When the the pendency of the suit. [Calo v.
proceedings of any tribunal, corporation, Roldan, GR L-252. Mar. 30, 1946].
board, or person, whether exercising Compare with Mandatory injunction.
functions judicial or ministerial, are
without or in excess of its or his Project. A component of a program
jurisdiction, or with grave abuse of covering a homogenous group of
discretion, and there is no appeal or any activities that results in the
other plain, speedy, and adequate accomplishment of an identifiable
remedy in the ordinary course of law, a output. [Sec. 2, Chap. 1, Book VI, EO
person aggrieved thereby may file a 292].

512
to enforce it would be virtually to

Project employees. Those assigned to sanction the perpetration of fraud or
carry out a "specific project or would result in other injustice. [Ramos
undertaking," the duration (and scope) v. Central Bank, GR L-29352, Oct. 4,
of which were specified at the time the 1971, 41 SCRA 565]. 2. A promise which
employees were engaged for that estops the promisee from asserting or
project. [ALU-TUCP v. NLRC, GR taking certain action. [Glossary of Legal
109902. Aug. 2, 1994]. Terms (Pro-Se), 2004].
Project employment. Labor. An Promissory note. 1. An unconditional

employment where the employees are promise in writing made by one person
employed in connection with a particular to another, signed by the maker,
construction project. [Poquiz, Labor Rel. engaging to pay on demand, or at a
Law, 1999 Ed. p. 318]. fixed or determinable future time, a sum
certain in money to order or to bearer.
Project proponent. The private sector Where a note is drawn to the maker's
entity which shall have contractual own order, it is not complete until
responsibility for the project and which indorsed by him. [Sec. 184, NIL]. 2. An
shall have an adequate financial base to unconditional, written and signed
implement said project consisting of promise to pay a certain amount of
equity and firm commitments from money, on demand or at a certain
reputable financial institutions to defined date in the future. Contrary to a
provide, upon award, sufficient credit bill of exchange, a promissory note is
lines to cover the total estimated cost of not drawn on any third party holding the
the project. [Sec. 2, RA 7718]. payor's money; it is a direct promise
from the payor to the payee.
Prolonging performance of duties [Duhaime's Legal Dict., 2004]. Compare
and powers. The continuing exercise with Bill of exchange.
by any public officer of the duties and
powers of his office, employment or Promissory warranty. 1. A statement in
commission, beyond the period provided a policy which imparts that it is intended
by law, regulation or special provisions to do or not to do a thing which
applicable to the case. [Art. 237, RPC]. materially affects the risk and that such
act or omission shall take place. [Sec.
Promisee. 1. An individual to whom a 72, IC]. 2. A kind of warranty that is in
promise is made. [Glossary of Legal the nature of a condition subsequent,
Terms (Pro-Se), 2004]. 2. A person who and a breach thereof invalidates the
is to be the beneficiary of a promise, an policy from the time of breach.
obligation or a contract. [Duhaime's [Tiopianco, Commentaries & Jurisp. on
Legal Dict., 2004]. Synonymous to the Ins. Code of the Phil., 1999 Ed., p.
Obligee. 74].
Promissor. 1. An individual who makes a Promoter. A person who, acting alone or

promise. [Glossary of Legal Terms (Pro- with others, takes initiative in founding
Se), 2004]. 2. The person who has and organizing the business or
become obliged through a promise enterprise of the issuer and receives
(usually expressed in a contract) consideration therefor. [Sec. 3, RA
towards another, the intended 8799].
beneficiary of the promise being
referred to as the promisee. [Duhaime's Promoter of a company or a
Legal Dict., 2004]. Also sometimes proposed company. A person who,
referred to a Obligor. acting alone or in concert with other
persons, is initiating or directing, or has
Promissory estoppel. 1. An estoppel within one year initiated or directed, the
that may arise from the making of a organization of such company. [Sec. 3,
promise, even though without RA 2629].
consideration, if it was intended that the
promise should be relied upon and in Promotion. Admin. Law. 1. The
fact it was relied upon, and if a refusal advancement from one position to

513
another with an increase in duties and the presence of the accused and the
responsibilities as authorized by law, judge of the court who rendered it; it is
and usually accompanied by an increase not the date of the writing of the
in salary. [Millares v. Subido, 20 SCRA decision or judgment. [Enriquez v.
954, 962 (1967)]. 2. It involves a lateral Villarta, AM MTJ-02-1398, Feb. 27,
change as opposed to a scalar ascent. 2002].
[Sentinel Security Agency, Inc. v. NLRC,
GR 122468. Sep. 3, 1998]. Compare Proof. The degree or kind of evidence
with Transfer. which will produce full conviction, or
establish the proposition to the
Promotions. An event or activity satisfaction of the court. [Francisco,
organized by or on behalf of a tobacco Evidence, Vol. VII, Part 1, 1997 Ed., p.
manufacturer, distributor or retailer with 2].
the aim of promoting a brand of tobacco
product, which event or activity would Proof beyond reasonable doubt. 1.
not occur but for the support given to it Proof that calls for moral certainty of
by or on behalf of the tobacco guilt. [People v. Raquel, GR 119005.
manufacturer's name, trademark, logo, Dec. 2, 1996]. 2. Such proof to the
etc. on non-tobacco products. [Sec. 4, satisfaction of the court, keeping in
RA 9211]. mind the presumption of innocence, as
precludes every reasonable hypothesis
Promotion shares. Corp. Law. (a) Such except that which it is given to support.
shares as are issued to those who may It is not sufficient for the proof to
originally own the mining or valuable establish a probability, even though
rights connected therewith, in strong, that the fact charged is more
consideration of their deeding the same likely to be true than the contrary. It
to the mining company when the must establish the truth of the fact to a
company is incorporated, or (b) such reasonable and moral certainty a
shares as are issued to promoters, or certainty that convinces and satisfies the
those in some way interested in the reason and the conscience of those who
company, or for services rendered in are to act upon it. [Moreno, Phil. Law
launching or promoting the welfare of Dict., 1972 Ed., p. 379, citing US v.
the company, such as advancing the Reyes, 3 Phil. 3].
fees for incorporating, advertising,
attorneys fees, surveying, etc. [De Proof of service. Evidence submitted by
Leon, Corp. Code of the Phil. Annotated, a process server that he has made
1989 Ed., p. 63, citing 11 Fletcher, p. service on a defendant in an action. It is
48]. also called a return of service. [Blacks
Prompt. Done without delay. [Morenos
Law Dict., 2000 Ed., p. 370]. Proof of the corpus delicti. Proof
indispensable in the prosecution of all
Promulgation. 1. The process by which kinds of criminal offenses, corpus delicti
a decision is published, officially being taken to mean the substance of
announced, made known to the public the crime, or the fact that a crime has
or delivered to the clerk of court for actually been committed. [People v.
filing, coupled with notice to the parties Madlangbayan, 94 SCRA 679].
or their counsel. [Neria v. Comm. of
Immigration, L-24800, May 27, 1968, 23 Proof of the truth. The truth which may
SCRA 812]. 2. The delivery of a court be given in evidence to the court in
decision to the clerk of court for filing every criminal prosecution for libel and
and publication. [Araneta v. Dinglasan, which, if it appears that the matter
84 Phil. 433]. 3. The filing of the signed charged as libelous is true, and,
decision with the clerk of court. moreover, that it was published with
[Sumbing v. Davide, GR 86850-51, July good motives and for justifiable ends,
20, 1989]. Compare with Rendition. shall acquit the defendants. [Art. 361,
RPC].
Promulgation of judgment. The
reading of a judgment or sentence in

514
Proof liter. A liter of proof spirits. [Sec. considered either: (a) Immovable or real
141, NIRC, as amended]. property; or (b) movable or personal
property. [Art. 414, CC]. 2. All real and
Proof spirits. Liquor containing one-half personal property, including but not
(1/2) of its volume of alcohol of a limited to: water, water rights, works,
specific gravity of seven thousand nine easements, rights of way. [Sec. 3, PD
hundred and thirty-nine ten thousandths 198].
(0.7939) at fifteen degrees centigrade
(15C). [Sec. 141, NIRC, as amended]. Property classification. The
classification of property based on
Proper action. An entirely separate and ownership. These classifications are the
distinct action from that in which following: (a) public domain
execution has issued, if instituted by a properties intended for public use,
stranger to the latter suit. [Ong v. public service or for the development of
Tating, 149 SCRA 265, 277, citing Bayer national wealth; (b) patrimonial property
Phil. v. Agana, 63 SCRA 355]. properties owned by the state but are
not intended for public use, public
Proper law. The principle of conflict of service or for the development of
laws according to which the law national wealth; and (c) private
applicable to a given legal situation ownership property belonging to
should be the law having the closest private persons either individually or
and most real connection to the case. collectively. [Memo. from the Exec. Sec.
[Tetley, Glossary of Conflict of Laws, dated Aug. 20, 1998].
2004].
Property limitation hazards. The
Proper look-out. Mar. Law. One who restrictions on ownership and use of the
has been trained as such and who is property. These include (a) limitations
given no other duty save to act as a imposed by law, e.g. legal easement,
look-out and who is stationed where he zoning advances; (b) limitations set by
can see and hear best and maintain the owner such as the owner of a
good communication with the officer in subdivision imposes a height
charge of the vessel, and who must, of requirement on all buildings to be
course, be vigilant. [Smith Bell and Co. erected; (c) limitations imposed by the
(Phils.), Inc. v. CA, GR 56294. May 20, owner who conveyed the property such
1991]. as the conditions in the Deed of
Donation; and (d) defective
Properly applicable law. The law which conveyances which represent a cloud of
has the closest and most real doubt on the validity of documents.
connection (or most significant [Memo. from the Exec. Sec. dated Aug.
relationship) with the contract or tort, 20, 1998].
based upon the connecting factors
(contacts). [Tetley, Glossary of Conflict Property of public dominion. 1. (a)
of Laws, 2004]. Those intended for public use, such as
roads, canals, rivers, torrents, ports and
Proper name. See Given name. bridges constructed by the State, banks,
shores, roadsteads, and others of similar
Proper party. 1. One which ought to be character; (b) those which belong to the
a party if complete relief is to be State, without being for public use, and
accorded as between those already are intended for some public service or
parties. [Laperal Devt. Corp. v. CA, GR for the development of the national
96354. June 8, 1993]. 2. One who has wealth. [Art. 420, CC]. 2. Things held by
sustained or is in danger of sustaining the State by regalian right. They are
an injury as a result of the act things res publicae in nature and hence,
complained of. [Garcia v. Exec. Sec., GR incapable of private appropriation. [Rep.
100883. Dec. 2, 1991]. See v. Alagad, GR 66807. Jan. 26, 1989].
Indispensable party.
Property ownership. The entity who
Property. 1. All things which are or may owns the property lands as private
be the object of appropriation. They are

515
individuals in the state. [Memo. from the residential purposes, or a mix of these.
Exec. Sec. dated Aug. 20, 1998]. [Memo. from the Exec. Sec. dated Aug.
20, 1998].
Property regime of unions without
marriage. The property relations Prophylactic. Any agent or device used
between a man and a woman who are to prevent the transmission of a disease.
capacitated to marry each other, live [Sec. 4, RA 8496].
exclusively with each other as husband
and wife without the benefit of marriage Propina. Earnest money, gratuity or fee.
or under a void marriage, whereby their [Morenos Law Dict., 2000 Ed., p. 372].
wages and salaries shall be owned by
them in equal shares and the property Propinquity. Nearness in place; close-by.
acquired by both of them through their Also used to describe relationships as
work or industry shall be governed by synonymous for kin. [Duhaime's Legal
the rules on co-ownership. [Art. 147, Dict., 2004].
FC].
Proportional tax. Tax based on a fixed
Property Registration Decree. PD percentage of the amount of the
1529 entitled Amending and codifying property, receipts, or other basis to be
the laws relative to registration of taxed. [De Leon, Fundamentals of
property and for other purposes signed Taxation, 2000 Ed., p. 15].
into law on June 11, 1978.
Proportionate or comparative fault.
Property responsibility. The obligation The rule for apportioning damages in
of an individual for the proper custody, tort or delict, whereby each party whose
care and safekeeping of property fault has contributed to the total loss or
entrusted to his possession or under his damage is held liable for that loss or
supervision. [IRR on Supply & Prop. damage in a proportion corresponding
Mgt., per Sec. 383, LGC]. to that party's fault or negligence. At
common law, however, proportionate
Property taxes. 1. Taxes assessed on all (comparative) fault only replaced the old
property or on all property of a certain common law contributory negligence
class located within a certain territory on rule which precluded any recovery by a
a specified date in proportion to its plaintiff whose fault or negligence had
value, or in accordance with some other contributed to his loss or damage in
reasonable method of apportionment, even the slightest degree. [Tetley,
the obligation to pay which is absolute Glossary of Conflict of Laws, 2004].
and unavoidable and it is not based
upon any voluntary action of the person Proposal. 1. Intl. Law. A diplomatic
assessed. A property tax is ordinarily document containing an offer to settle a
measured by the amount of property dispute. [Coquia and Santiago, Intl.
owned by the taxpayer on a given day, Law, 3rd Ed. (1998), p. 494]. 2. Pol.
and not on the total amount owned by Law. The motion of initiating
him during the year. It is ordinarily suggestions or proposals on the
assessed at stated periods determined amendment or revision (of the Philippine
in advance, and collected at appointed Constitution) which may either be by (a)
times, and its payment is usually Congress, upon a vote of three-fourths
enforced by sale of the property taxed, of all its Members; or (b) a
and in occasionally, by imprisonment of Constitutional Convention; or (c) the
the person assessed. [Villanueva v. City people through initiative. [Suarez, Pol.
of Iloilo, GR L-26521. Dec. 28, 1968, Law Reviewer, 1st Ed., 2002, p. 15].
citing 51 Am. Jur. 57]. 2. Tax(es) levied
on land and buildings (real estate) and Proposal bond. Also Bid bond. A bond
on personal property. [Glossary of Legal which has for its purpose to assure the
Terms (Pro-Se), 2004]. owner of the project of the good faith of
the bidder and that the bidder will enter
Property utilization. The usage which into a contract with the project owner
will be adopted for the property should his proposal be accepted.
whether for commercial, agricultural or [Eastern Assurance & Surety Corp. v.

516
IAC, GR 69450. Nov. 22, 1989].

Compare with Performance bond. Pro rata. Lat. 1. In proportion or ratably,
or a division according to share, interest
Proposal to commit a felony. It exists or liability of each (Carried Lumber Co.
when the person who has decided to v. ACCFA, GR L-21836. Apr. 22, 1975,
commit a felony proposes its execution citing Art. 2249, CC and 72 CJS. 967-8).
to some other person or persons. [Art. 2. To divide proportionate to a certain
8, RPC]. rate or interest. [Duhaime's Legal Dict.,
2004].
Proposition. The measure proposed by
the voters. [Sec. 3, RA 6735]. Pro se. Lat. 1. In one's personal behalf.
[Duhaime's Legal Dict., 2004]. 2. For
Propositus. The second person involved himself; in his own behalf. One who
in reserva troncal who is the descendant does not retain a lawyer and appears for
from whom the property is directly himself in court. [Jurists Legal Dict.,
acquired by the ascendant reservista. 2004]. Contrast with Pro socio.
Also known as Descendant-
propositus. [Jurado, Comments & Prosecute. 1. To begin and to carry on a
Jurisp. on Succession, 1991 8th Ed., p. legal proceeding. [Camanag v. Guerrero,
256]. GR 121017. Feb. 17, 1997]. 2. It marks
the commencement of a criminal
Proprietary educational institution. prosecution and precedes and
Any private school maintained and determines the filing of an information.
administered by private individuals or [City Fiscal v. Phil. Banking Corp.,
groups with an issued permit to operate 53694-R, Sep. 28, 1977 cited in Moreno,
from the Department of Education (DEP- Phil. Law Dict.].
ED), or the Commission on Higher
Education (CHED), or the Technical Prosecution. 1. A criminal action: a
Education and Skills Development proceeding instituted and carried on by
Authority (TESDA), as the case may be, due course of law, before a competent
in accordance with existing laws and tribunal, for the purpose of determining
regulations. [Sec. 27, NIRC, as the guilt or innocence of a person
amended]. charged with crime. [Camanag c.
Guerrero, GR 121017. Feb. 17, 1997,
Proprietary function. Also Ministrant citing Black's Law Dict.]. 2. A criminal
function. Pol. Law. A service which action: a proceeding instituted and
might as well be provided by a private carried on by due course of law, before
corporation, and particularly when it a competent tribunal, for the purpose of
collects revenues from it, as to which determining the guilt or innocence of a
there may be liability for the torts of person charged with crime.
agents within the scope of their
employment. [Fontanilla v. Maliaman, Prosecutor. A trial lawyer representing
GR 55963 & 61045. Feb. 27, 1991]. the government in a criminal case and
Compare with Governmental or the interests of the state in civil matters.
Constituent function. In criminal cases, the prosecutor has the
responsibility of deciding who and when
Proprietor. 1. One who has the legal to prosecute. [Glossary of Legal Terms
right of exclusive title to anything, (Pro-Se), 2004].
whether in possession or not; an owner,
sometimes, especially in statutory Pro socio. Lat. On behalf of a partner;
construction, in a wider sense, a person not on one's personal behalf.
having interest less than absolute and [Duhaime's Legal Dict., 2004]. Contrast
exclusive right, as the usufruct, present with Pro se.
control and use, of property. [Blaquera
v. De Aldaba, GR L-1053. Mar. 30, 1960, Prospective construction. A rule that
citing Vol. II Merriam-Webster, 2nd Ed., all statutes are to be construed as
p. 1986]. 2. Owner; person who has having only prospective operation unless
legal right or title to anything. [Glossary the purpose and intention of the
of Legal Terms (Pro-Se), 2004]. legislature to give them retrospective

517
effect is expressly declared or is crime against public morals, committed

necessarily implied from the language by a woman, whether married or not,
used. [Suarez, Pol. Law Reviewer, 1st who, for money or profit, habitually
Ed., 2002, p. 10]. Compare with indulges in sexual intercourse or
Contemporaneous construction by lascivious conduct. [People v. Hong, GR
executive officers. L-27830. May 29, 1970].
Prospectivity. Also Irretrospectivity. A Pro tanto. Lat. For so much; for as much
characteristic of criminal law where the as may be; as far as it goes.
law is deemed not to have any [Claridades, A., Compilation of Notes,
retroactive effect, except if it favors the 2001-2006].
offender unless he is a habitual
delinquent [Art. 22, RPC] or the law Protected area. Identified portions of
otherwise provides. [Gregorio, Fund. of land and water set aside by reason of
Crim. Law Rev., 1997 9th Ed., p. 2]. their unique physical and biological
significance, managed to enhance
Prospectivity rule. Exceptions [as biological diversity and protected
collated in Paras, Civil Code of the Phil. against destructive human exploitation.
Annotated, 1984 ed., Vol. 1, pp. 22-23]: [Sec. 4, RA 7586].
(a) Laws remedial in nature; (b) penal
law favorable to accused, if latter not Protected landscapes or seascapes.
habitual delinquent; (c) laws of Areas of national significance which are
emergency nature under police power: characterized by the harmonious
e.g., tenancy relations [Vda. de interaction of man and land while
Ongsiako v. Gamboa, 47 OG 4259, providing opportunities for public
Valencia v. Surtida, May 31, 1961]; (d) enjoyment through recreation and
curative laws; (e) substantive right tourism within the normal lifestyle and
declared for the first time unless vested economic activity of these areas. [Sec.
rights are impaired. [Unson v. del 4, RA 7586].
Rosario, Jan. 29, 1953; Belen v. Belen,
49 OG 997; People v. Alejaga, 49 OG Protection Order. An order issued under
2833]. this act for the purpose of preventing
further acts of violence against a woman
Prospectus. 1. The document made by or her child specified in Section 5 of RA
or an behalf of an issuer, underwriter or 9262 and granting other necessary
dealer to sell or offer securities for sale relief. The relief granted under a
to the public through registration protection order serve the purpose of
statement filed with the Tariff safeguarding the victim from further
Commission. [Sec. 3, RA 8799]. 2. A harm, minimizing any disruption in the
document in which a corporation sets victim's daily life, and facilitating the
out the material details of a share or opportunity and ability of the victim to
bond issue and inviting the public to independently regain control over her
invest by purchasing these financial life. [Sec. 8, RA 9262]. See also
instruments. [Duhaime's Legal Dict., Temporary Protection Order and
2004]. Permananent Protection Order.
Prostitutes. 1. Women who, for money Protective principle. Doctrine that a

or profit, habitually indulge in sexual court has criminal jurisdiction if the
intercourse or lascivious conduct. [Art. national interest is injured. [Intl. Law
202, RPC]. 2. Persons who offer sexual Dict. & Direct., 2004].
intercourse for hire. [Duhaime's Legal
Dict., 2004]. Protectorate. Intl. Law. A state
established at the request of the weaker
Prostitution. 1. Any act, transaction, state for the protection of a strong
scheme or design involving the use of a power. Compare with Suzerainty.
person by another, for sexual
intercourse or lascivious conduct in Protector or coddler. Any person who
exchange for money, profit or any other lends or provides protection, or receives
consideration. [Sec. 3, RA 9208]. 2. A benefits in any manner in the operation

518
of any illegal numbers game. [Sec. 2, Protocol de cloture. See Act or Final
RA 9287]. act.
Pro tempore. Lat. Something done Provincial certificate of canvass of

temporarily only and not intended to be votes. A document containing the total
permanent. [Duhaime's Legal Dict., votes in words and in figures obtained
2004]. by each candidate in a province. [Sec. 2,
RA 8046].
Protest. Admin. Law. A mode of action
that may be availed of by the aggrieved Provisional absence. The
party to contest the appointment made, disappearance of a person from his
and the protest must be "for cause" or domicile, his whereabouts being
predicated on those grounds provided unknown, and without leaving an agent
for under Sec. 19 par. (6) of the Civil to administer his property, at which
Service Law (PD 807) namely: (a) that instance, the judge, at the instance of
the appointee is not qualified; (b) that an interested party, a relative, or a
the appointee is not the next-in-rank; friend, may appoint a person to
and (c) in case of appointment by represent him in all that may be
transfer, reinstatement, or by original necessary. [Art. 381, CC]. Compare with
appointment, that the protestant is not Declared absence.
satisfied with the written special reason
or reasons given by the appointing Provisional director. Corp. Law. An
authority. [Aquino v. CSC, GR No. impartial person who is neither a
92403. Apr. 22, 1992]. stockholder nor a creditor of the
corporation or of any subsidiary or
Protest. Nego. Inst. 1. A formal affiliate of the corporation, and whose
document made under the hand and further qualifications, if any, may be
seal of a Notary Public certifying to the determined by the (Securities and
circumstances of a foreign bill. [Diaz, Exchange) Commission (SEC). He is not
Bus. Law Rev., 1991 Ed., p. 372]. 2. a receiver of the corporation and does
Formal certification that a negotiable not have the title and powers of a
instrument was dishonored by a party custodian or receiver. He has all the
liable for its payment. [Intl. Law Dict. & rights and powers of a duly elected
Direct., 2004]. director of the corporation, including the
right to notice of and to vote at
Protest. Prop. Mgt. The objection to a meetings of directors, until such time as
contemplated or actual award. [IRR on he shall be removed by order of the
Supply & Prop. Mgt., per Sec. 383, (SEC) or by all the stockholders. [Sec.
LGC]. 104, Corp. Code].
Protest bond. Prop. Mgt. A bond in cash, Provisional remedy. Rem. Law. A
certified or cashier's check, or surety collateral proceeding, permitted only in
required of protestants against awards. connection with a regular action, and as
[IRR on Supply & Prop. Mgt., per Sec. one of its incidents; one which is
383, LGC]. provided for present need, or for the
occasion, that is, one adapted to meet a
Protocol. Intl. Law. 1. An instrument particular exigency. [Feria and Noche,
which amends or supplements an Civ. Pro. Annotated, Vol. 1, 2001 Ed., p.
existing treaty or convention. 261, citing 1 CJ, Actions, 39].
Sometimes, it is referred to also in a
loose manner as an ordinary agreement. Provisional takeover. A remedy
2. A supplementary agreement to a authorized under Sec. 3 (c) of EO 1
convention that adds to or changes (1986) where what is taken into custody
some provision of the convention only is not only the physical assets of the
for the states parties who adopt the business enterprise or entity taken over
protocol. [Intl. Law Dict. & Direct., by the government of the Marcos
2004]. Administration or by entities or persons
close to former President Marcos, but
the business operation as well. [Bataan

519
Shipyard Engg. Co. Inc. v. PCGG, GR (Urbano v. IAC, GR 72964, Jan. 7, 1988,
75885. May 27, 1987]. 157 SCRA 1, quoting Vda. De Bataclan
v. Medina, 102 Phil. 181).
Provisos. A clause added to an
enactment for the purpose of acting as Proximity of relationship. See
a restraint upon or as a qualification of, Relationship proximity.
the generality of the language which it
follows. [Suarez, Stat. Con., (1993), p. Proximity rule. The rule that, in every
48]. inheritance, the relative nearest in
degree excludes the more distant ones,
Proxies. See Proxy. saving the right of representation when
it properly takes place. [Art. 962, CC].
Proximate. That immediately preceding
or following (as in a chain of events, Proxy. 1. The representative of a
causes or effects). [Webster's 3rd New stockholder or member duly authorized
Intl. Dict., 1993]. in writing to vote in all meetings of
stockholders or members of a
Proximate cause doctrine. 1. Any corporation. 2. The written authority
cause which, in natural and continuous given by stockholder or member to his
sequence, unbroken by any efficient representative, signed by the
intervening cause, produces the result stockholder or member himself and filed
complained of and without which would before the scheduled meeting with the
not have occurred and from which it corporate secretary. Unless otherwise
ought to have been foreseen or provided in the proxy, it shall be valid
reasonably anticipated by a person of only for the meeting for which it is
ordinary case that the injury complained intended. No proxy shall be valid and
of or some similar injury, would result effective for a period longer than five
therefrom as a natural and probable (5) years at any one time. [Sec. 58,
consequence. [People v. Desalina, 57 Corp. Code].
OG 8694]. 2. That cause which, in
natural and continuous sequence, PSC. Philippine Sports Commission.
unbroken by any efficient intervening
cause, produces the injury and without Psychological incapacity. Legal Med. It
which the result would not have covers all possible mental disorders that
occurred. [38 Am. Jur. 695]. 3. The last are so grave or serious enough as to
negligent act which contributes to an persistently and permanently
injury. A person generally is liable only if incapacitate a person to perform the
an injury was proximately caused by his normal and ordinary functions of a
or her action or by his or her failure to married life. Such incapacity must be
act when he or she had a duty to act. incurable and irreversible. As a legal
[Jurists Legal Dict., 2004]. ground for the annulment of the
marriage, or for the declaration of the
Proximate legal cause. That acting first nullity of the marriage, the condition
and producing the injury, either must have existed at the time of the
immediately or by setting other events marriage even if it manifested only at a
in motion, all constituting a natural and later time. [Olarte, Legal Med., 1st Ed.
continuous chain of events, each having (2004), p. 146].
a close causal connection with its
immediate predecessor, the final event Psychological violence. Acts or
in the chain immediately effecting the omissions causing or likely to cause
injury as a natural and probable result mental or emotional suffering of the
of the cause which first acted, under victim such as but not limited to
such circumstances that the person intimidation, harassment, stalking,
responsible for the first event should, as damage to property, public ridicule or
an ordinarily prudent and intelligent humiliation, repeated verbal abuse and
person, have reasonable ground to mental infidelity. It includes causing or
expect at the moment of his act or allowing the victim to witness the
default that an injury to some person physical, sexual or psychological abuse
might probably result therefrom. of a member of the family to which the

520
victim belongs, or to witness purpose of presenting a lawful cause; or

pornography in any form or to witness expressing an opinion to the general
abusive injury to pets or to unlawful or public on any particular issue; or
unwanted deprivation of the right to protesting or influencing any state of
custody and/or visitation of common affairs whether political, economic or
children. [Sec. 3, RA 9262]. social; or petitioning the government for
redress of grievances. [Sec.3, BP 880].
PTA. Philippine Tourism Authority.
Public Assembly Act of 1985, The. BP
Pterygium. A triangular fleshy mass of 880 entitled An Act ensuring the free
thickened conjunctiva occurring usually exercise by the people of their right
at the inner side of the eyeball, covering peaceably to assemble and petition the
part of the cornea and causing a government for other purposes enacted
disturbance of vision. [Aguja v. GSIS, on Oct. 22, 1985.
GR 84846. Aug. 5, 1991, citing Dorland,
Illustrated Medical Dict., 24th Ed., 1965]. Public assembly building. Any building
or structure where fifty (50) or more
Public. 1. Common to all or many; people congregate, gather, or assemble
general; open to common use. [Izon v. for any purpose. [Sec. 3, PD 1185].
People, GR L-51370. Aug. 31, 1981,
citing Black's Law Dict. 1393 (Rev. 4th Publication. In libel, the term means
Ed.)]. 2. Pertaining to, or belonging to, making the defamatory matter, after it
or affecting a nation, state, or has been written, known to someone
community at large. [Aquino-Sarmiento other than the person to whom it has
v. Morato, GR 92541. Nov. 13, 1991, been written. [Ledesma v. CA, GR
citing People v. Powell, 274 NW 372 113216. Sep. 5, 1997].
(1937)]. Compare with Private.
Publication of a fixed performance or
Public Acts. Statutes passed and a sound recording. The offering of
approved by the Philippine Commission copies of the fixed performance or the
and the Philippine Legislature from 1901 sound recording to the public, with the
to 1935. [Suarez, Stat. Con., (1993), p. consent of the right holder: Provided,
42]. That copies are offered to the public in
reasonable quality. [Sec. 202, RA 8293].
Public adjuster. Any person,
partnership, association or corporation Publication of general circulation. To
which, for money, commission or any qualify as such under PD 1079, the
other thing of value, acts on behalf of following requisites must concur: (a) It
an insured in negotiating for, or must be published in the same city
effecting, the settlement of a claim or and/or province where the requirement
claims of the said insured arising under of general circulation applies; (b) it must
insurance contracts or policies, or which be authorized by law to be published;
advertises for or solicits employment as and (c) the newspaper or periodical
an adjuster of such claims. [Sec. 324, must be regularly published for at least
IC]. one year before the date of publication
of the notices or advertisements which
Public aircraft. An aircraft used may be assigned to it. [Morenos Law
exclusively in the service of the National Dict., 2000 Ed., p. 377].
Government of the Republic of the
Philippines or of any political subdivision Public attorney or defender.
or instrumentality thereof, but not Government lawyer who provides free
including any government-owned legal defense services to a poor person
aircraft engaged in air commerce. [Sec. accused of a crime. [Jurists Legal Dict.,
3, RA 776]. 2004].
Public assembly. Any rally, Public auction. Synonymous to public

demonstration, Mar., parade, procession bidding as applied to sale of disposable
or any other form of mass or concerted supplies of property. [IRR on Supply &
action held in a public place for the Prop. Mgt., per Sec. 383, LGC].

521
law. [Bermejo v. Barrios, GR L-23614.

Public building. Every building owned Feb. 27, 1970].
by the Government or belonging to a
private person not included, used or Public dominion property. See
rented by the Government, although Property of public dominion.
temporarily unoccupied by the same.
[Art. 301, RPC]. Public employment. It signifies
employment in the service of the
Public concern. A term that, like "public national government and its political
interest," eludes exact definition. Both subdivisions and instrumentalities. It
terms embrace a broad spectrum of does not include employment as public
subjects which the public may want to officer elected by the popular vote.
know, either because these directly [Sec. 39, RA 4119].
affect their lives, or simply because such
matters naturally arouse the interest of Public figure. Also Celebrity. A person
an ordinary citizen. [Legaspi v. CSC, GR who, by his accomplishments, fame, or
72119. May 29, 1987]. mode of living, or by adopting a
profession or calling which gives the
Public convenience or necessity. public a legitimate interest in his doings,
Something fitting or suited to the public his affairs, and his character, has
need. [Kilusang Mayo Uno v. Garcia, GR become a public personage. He is, in
115381. Dec. 23, 1994, citing Black's other words, a celebrity. Obviously, to
Law Dict., 5th Ed., p. 1105]. be included in this category are those
who have achieved some degree of
Public conveyance. Mode of reputation by appearing before the
transportation servicing the general public. It includes, in short, anyone who
population such as, but not limited to, has arrived at a position where public
elevators, airplanes, buses, taxicabs, attention is focused upon him as a
ships, jeepneys, light rail transits, person. [Ayer Productions v. Capulong,
tricycles, and similar vehicles. [Sec. 4, GR L-82380. Apr. 29, 1988, citing
RA 9211]. Prosser and Keeton on Torts, 5th Ed. at
859-861 (1984)].
Public corporations. Corporations
formed or organized for the government Public finance. The financial operations
of a portion of the State. [De Leon, of all levels of government. Such
Corp. Code of the Phil. Annotated, 1989 operations include budgeting, taxing,
Ed., p. 40]. Compare with Private appropriating, purchasing, borrowing,
corporations. disbursing funds, and regulating the
currency. [De Leon, Fundamentals of
Public debt. That debt which is due (to) Taxation, 2000 Ed., p. 25, citing Sloan &
or owing by the government. [Peralta v. Zurcher, A Dict. Of Economics (1953), p.
Serrano, GR L-16523. Nov. 29, 1960, 14].
citing 2 Bouvier's Law Dict. (3rd Rev.)
1912, at p. 2764]. Public forest. 1. The mass of lands of
the public domain which has not been
Public documents. 1. (a) The written the subject of the present system of
official acts, or records of the official classification for the determination of
acts of the sovereign authority, official which lands are needed for forest
bodies and tribunals, and public officers, purposes and which are not. [Sec. 3, PD
whether of the Philippines, or of a 705]. 2. It includes, except as otherwise
foreign country; (b) documents specially indicated, all unreserved public
acknowledged before a notary public land including nipa and mangrove
except last wills and testaments; and (c) swamps and all forest reserves of
public records, kept in the Philippines, of whatever character. [Sec. 1820, Act
private documents required by law to be 926].
entered therein. [Sec. 19, Rule 132,
RoC]. 2. Any instrument authorized by a Public functionaries. All persons who,
notary public or a competent public by direct requirement of law, or by
official, with the solemnities required by popular election, or by public

522
appointment by competent authority, [Aranque Market Ext. Chinese Vendors

participate in the exercise of public Assoc. v. De la Fuente, 48 OG 94].
functions. [US v. Sarmiento, GR 880.
Nov. 14, 1902]. Public motor vehicle. Public utility
vehicle or vehicle for hire. [Sec. 3, RA
Public health services. Services that 8750].
strengthen preventive and promotive
health care through improving Public nuisance. 1. Nuisance that
conditions in partnership with the affects a community or neighborhood or
community at large. These include any considerable number of persons,
control of communicable and non- although the extent of the annoyance,
communicable diseases, health danger or damage upon individuals may
promotion, public information and be unequal. [Art. 695, CC]. 2. The doing
education, water and sanitation, of or the failure to do something, that
environmental protection, and health- injuriously affects the safety, health, or
related data collection, surveillance, and morals of the public; it causes hurt,
outcome monitoring. [Sec. 1, RA 9241]. inconvenience, or injury to the public,
generally, or to such part of the public
Public international law. That division as necessarily comes in contact with it.
of international law that deals primarily [Tolentino, Civil Code of the Phil., Vol.
with the rights and duties of states and II, Repr. 2001, p. 436, citing 181 Ky.
intergovernmental organizations as 459; 205 SW 581]. See Private
between themselves. [Intl. Law Dict. & nuisance.
Direct., 2004].
Public nuisance, remedies against.
Publicity agent. Any person who (a) A prosecution under the Penal Code
engages directly or indirectly in the or any local ordinance: or (b) a civil
dissemination and/or publication of action; or (c) abatement, without
information for and on behalf of a judicial proceedings. [Claridades, A.,
principal. [Sec. 3, BP 39]. Compilation of Notes, 2001-2006].
Public Land Act. CA 141, as amended, Public officer. 1. Any person holding any
entitled An Act to amend and compile public office in the Government of the
the laws relative to lands of the public Republic of the Philippines by virtue of
domain enacted on Nov. 7,1936. an appointment, election or contract.
[Sec. 1, RA 7080]. 2. Any person who,
Public lands. Lands of the public domain by direct provision of the law, popular
which have been classified as election or appointment by competent
agricultural lands and subject to authority, shall take part in the
management and disposition or performance of public functions in the
concession under existing laws. [Sec. 3, Government of the Philippines, of shall
RA 7942]. perform in said Government or in any of
its branches public duties as an
Public law. That law such as traffic employee, agent or subordinate official,
ordinances or zoning ordinances which of any rank or class. [Art. 203, RPC].
applies to the public. [Glossary of Legal
Terms (Pro-Se), 2004]. Public officer revealing secrets of
private individual. Crim. Law. The
Public market. 1. Any place, building or felony committed by any public officer
structure of any kind designated as such to whom the secrets of any private
by the local board or council, except individual shall become known by
public streets, plazas, parks, and the reason of his office who shall reveal
like. [Sec. 1, PD 426]. 2. One that is such secrets. [Art. 230, RPC].
dedicated to the service of the general
public and is operated under Public officials. Elective and appointive
government control and supervision as a officials and employees (of the
public utility, whether it be owned by government), permanent or temporary,
the government or any instrumentality whether in the career or non-career
thereof or by any private individual. service, including military and police

523
personnel, whether or not they receive [People v. Esquivel, 82 Phil. 453

compensation, regardless of amount. (1948)].
[Sec. 3, RA 6713].
Public purpose. Synonymous with
Public order. A civil law term which Governmental purpose. A purpose
refers to domestic rules and legal affecting the inhabitants of the state or
principles reflecting lofty standards of taxing district as a community and not
morality and social conduct in a civilized merely as individuals. [De Leon,
society. [Tetley, Glossary of Conflict of Fundamentals of Taxation, 2000 Ed., p.
Laws, 2004]. 41, citing 51 Am. Jur. 378].
Public place. Any highway, boulevard, Public relations counsel. Any person
avenue, road, street, bridge or other who engages directly or indirectly in
thoroughfare, park, plaza, square, informing, advising, or in any way
and/or any open space of public representing a principal in any matter
ownership where the people are allowed affected by the public policies or
access. [Sec.3, BP 880]. interests of a principal. [Sec. 3, BP 39].
Public places. Enclosed or confined Public sale. One where there has been
areas of all hospitals, medical clinics, public notice of the sale, in which
schools, public transportation terminals anybody has a right to bid and offer to
and offices, and building such as private buy. [Tolentino, Civil Code of the Phil.,
and public offices, recreational places, Vol. II, Repr. 2001, p. 310].
shopping malls, movie houses, hotels,
restaurants, and the like. [Sec. 4, RA Public schools. Educational institutions
9211]. established and administered by the
government. [Sec. 26, BP 232].
Public policy. A common law term which
refers to fundamental principles of Public service. The term includes every
natural justice found in a state's person that now or hereafter may own,
constitution, bill of rights, laws, operate, manage, or control in the
regulations, precedents and accepted Philippines, for hire or compensation,
customs. [Tetley, Glossary of Conflict of with general or limited clientele,
Laws, 2004]. whether permanent, occasional or
accidental, and done for general
Public prosecutor. 1. The business purposes any common carrier,
representative not of an ordinary party railroad, street railway, traction railway,
to a controversy, but of a sovereignty subway, motor vehicle, either for freight
whose obligation to govern impartially is or passenger, or both, with or without
as compelling as its obligation to govern fixed route and whatever may be its
at all; and whose interest, therefore, in classification, freight or carrier service of
a criminal prosecution is not that it shall any class, express service, steamboat,
win a case but that justice shall be or steamship line, pontines, ferries, and
done. As such, he is in a peculiar and small water craft, engaged in the
every definite sense the servant of the transportation of passengers and
law, the two fold aim of which is that freight, shipyard, marine railway, marine
guilt shall not escape or innocence repair shop, warehouse, wharf or dock,
suffer. [Suarez v. Platon, 69 Phil 556 ice plant, ice-refrigeration plant, canal,
(1940)]. 2. He owes the state, the court irrigation system, sewerage, gas,
and the accused the duty to lay before electric light, heat and power, water
the court the pertinent facts at his supply and power, petroleum, sewerage
disposal with methodical and meticulous system, telephone, wire or wireless
attention, clarifying contradictions and telegraph system and broadcasting radio
filling up gaps and loopholes in his stations. [Sec. 13 (b) of the Public
evidence to the end that the court's Service Law (CA 146)].
mind may not be tortured by doubts,
the innocent may not suffer, and the Public Service Act. CA 146 enacted on
guilty may not escape unpunished. Nov. 7, 1936.

524
Public service cooperative. A ground to the sky, deeded, dedicated or

cooperative organized to render public otherwise permanently appropriated for
service as authorized under a franchise public use. [Sec. 3, PD 1185].
or certificate of public convenience and
necessity duly issued by the appropriate Publish. To make known to the public in
government agency. [Art. 96, RA 6938]. general. [Claridades, A., Compilation of
Notes, 2001-2006].
Public sewerage system. A system
serving twenty-five persons or more. Publisher. The person, natural or
[Sec. 71, PD 856]. juridical, which undertakes the
production of a book and its offer for
Public use. 1. One which confers some sale or free distribution. The publisher
benefit or advantage to the public; it is of a book may also be its printer. [Sec.
not confined to actual use by public. It 3, PD 812].
is measured in terms of right of public
to use proposed facilities for which Pudendum. Legal Med. Also called the
condemnation is sought and, as long as Vulva. A collective term for the labia
public has right of use, whether majora, labia minora, clitoris, and
exercised by one or many members of vaginal orifice. [Olarte, Legal Med., 1st
public, a public advantage or public Ed. (2004), p. 124].
benefit accrues sufficient to constitute a
public use. [Maosca v. CA, GR 106440. Puffing or by-bidding. A secret bidding
Jan. 29, 1996, citing Montana Power Co. by or on behalf of the seller by persons
v. Bokma, Mont. 457 P.2d 769, 772, who are not themselves bound by their
773]. 2. Public advantage, convenience bids, the purpose of which is simply to
or benefit, which tends to contribute to inflate the price of the goods sold which
the general welfare and the prosperity is a fraud upon the purchaser of the
of the whole community, like a resort goods. [Diaz, Bus. Law Rev., 1991 Ed.,
complex for tourists or housing project. p. 110].
[Ardano v. Reyes, 125 SCRA 220
(1983); Sumulong v. Guerrero, 154 Pulling of strings. A firecracker
SCRA 461 (1987)]. consisting of a small tube about an inch
in length and less than 1/4 of an inch in
Public utilities. Privately owned and diameter with strings on each end.
operated businesses whose services are Pulling both strings will cause the
essential to the general public. They are firecracker to explode. [Sec. 2, RA
enterprises which specially cater to the 7183].
needs of the public and conduce to their
comfort and convenience. [KMU Labor Pulping. The manufacture of pulp from
Center v. Garcia, Jr., GR 115381, Dec. woods, rags, rice straw, bagasse, abaca
23, 1994, 239 SCRA 386, 391]. waste and bamboo. [Sec. 2, RA 4095].
Public utility. Business or service which Pulutan. Tag. 1. Appetizer. [People v.

is engaged in regularly supplying the Balmaceda, GR L-71638. Feb. 27, 1987].
public with some commodity or service 2. Finger food. [Morenos Law Dict.,
of public consequence. [DOJ Opinion 2000 Ed., p. 377].
074, June 16, 1998, citing Glenbrook
Devt. Co. v. Brea 253 Cal App 267, 61 Punctuaciones. Intl. Law. Negotiations
Cal Rptr 189]. as to the items of a proposed treaty.
[Coquia and Santiago, Intl. Law, 3rd Ed.
Public vessel. A vessel owned or (1998), p. 494].
bareboat chartered and operated by the
Republic of the Philippines, and political Punitive damages. 1. Damages
subdivision thereof, or by a foreign awarded in addition to normal damages
nation, except when such a vessel is for bad faith or excessively improper
engaged in commerce. [Sec. 3, PD 600]. acts of the defendant in contract or tort
or even during a court action. They are
Public way. Any street, alley or other usually granted by statute and at times
strip of land unobstructed from the excluded by statute. [Tetley, Glossary of

525
Conflict of Laws, 2004]. 2. Money award

given to punish the defendant or Pure and simple donation. An act of
wrongdoer. [Glossary of Legal Terms liberality which has no other basis than
(Pro-Se), 2004]. the desire to do a good thing for the
welfare of some persons. [Morenos Law
Purchase. 1. The act of procuring or Dict., 2000 Ed., p. 378].
acquiring supplies or property for a
price. [IRR on Supply & Prop. Mgt., per Purely accidental occurrence. A class
Sec. 383, LGC]. 2. Taking by sale, of occurrences or events which take
conditional sale, lease, mortgage, or place the real cause of which cannot be
pledge, legal or equitable. [Sec. 3, PD traced or is at least not apparent.
115]. [Morenos Law Dict., 2000 Ed., p. 378].
Purchase agreement or purchase Purely potestative condition. A

offer. Also, sales agreement and condition the fulfillment of which
earnest money contract. Agreement depends exclusively upon the will of the
between buyer and seller of property heir, devisee or legatee. [Jurado,
which sets forth in general the price and Comments & Jurisp. on Succession,
terms of a proposed sale. [Jurists Legal 1991 8th Ed., pp. 222-223].
Dict., 2004].
Pure obligation. 1. An obligation which
Purchase discount. The difference is not subject to any condition nor does
between the value of the receivable it specify a specific date for its
purchased or credit assigned, and the fulfillment and is, therefore, immediately
net amount paid by the finance demandable. [Diaz, Bus. Law Rev., 1991
company for such purchases or Ed., p. 11]. 2. An obligation the
assignment, exclusive of fees, services, performance of which does not depend
charges, interest and other charges upon a future or uncertain event or
incident to the extension of credit. [Sec. upon a past event unknown to the
3, RA 8556; Sec. 3, RA 5980]. parties and as such, is demandable at
once. [GR L-16449. Aug. 31, 1962 citing
Purchase order. A contract between the Art. 1179 CC]. Compare with
local government and the suppliers or Conditional obligation.
dealers for the delivery of supplies at a
stipulated amount and includes, among Purge. An act or instance of purging; a
others, quantity, period and mode of ridding (as of a nation or party) of
delivery, unit and total price per item, element or members regarded as
and mode of payment. [IRR on Supply treacherous, disloyal or suspect.
& Prop. Mgt., per Sec. 383, LGC]. [Clemente v. COA, GR L-47793. Mar. 20,
1984, citing Webster, 3rd New Intl. Dict.
Purchaser. Any person taking by of the Engl. Lang.].
purchase. [Sec. 3, PD 115].
Purport. To give appearance, often
Purchase request. It is used in the falsely, of being, intending, etc.
requisition of supplies or property not to [Morenos Law Dict., 2000 Ed., p. 378].
be carried in stock. [IRR on Supply &
Prop. Mgt., per Sec. 383, LGC]. Purse seine. A form of encircling net
having a line at the bottom passing
Purchaser in good faith and for through rings attached to the net, which
value. One who buys the property of can be drawn or pursed. In general, the
another without notice that some other net is set from a boat or pair of boats
person has a right to or interest in such around the school of fish. The bottom of
property and pays a full and fair price the net is pulled closed with the purse
for the same at the time of such line. The net is then pulled aboard the
purchase or before he has notice of the fishing boat or boats until the fish are
claim or interest of some other person in concentrated in the bunt or fish bag.
the property. [Guzman, Bocaling & Co. [Sec. 4, RA 8550].
v. Bonnevie, 206 SCRA 668 (1992), pp.
675-677].

526
Pusher. Any person who sells, trades, education. [Morenos Law Dict., 2000
administers, dispenses, delivers or gives Ed., p. 379].
away to another, on any terms
whatsoever, or distributes, dispatches in Qualification standards. The minimum
transit or transports dangerous drugs or requirements of the vacant positions
who acts as a broker in any of such which shall include the education,
transactions, in violation of RA 9165. experience, training, civil service
[Sec 3, RA 9165]. eligibility and physical characteristics
and personality traits required by the
Putang ina mo. Tag. A common job. Such qualification standards shall
expression in the dialect that is often be approved by the Civil Service
employed not really to slander but Commission. [CSC Circ. 43-91]
rather to express anger or displeasure.
[Reyes v. People, L-21528, Mar. 28, Qualified acceptance. 1. Sales. An
1969, 27 SCRA 686]. acceptance which does not meet at all
points the offer, in which case it
Putative. Alleged; supposed; reputed. constitutes a counter-offer. [Diaz, Bus.
[Glossary of Legal Terms (Pro-Se), Law Rev., 1991 Ed., p. 65]. 2. Nego.
2004]. Inst. An acceptance is qualified which is:
(a) conditional; that is to say, which
Pyelonephritis. Inflammation of the makes payment by the acceptor
kidney and its pelvis (cavity). [Bambalan dependent on the fulfillment of a
v. Workmen's Compensation condition therein stated; (b) partial; that
Commission, GR L-47209. Aug. 21, is to say, an acceptance to pay part only
1987]. of the amount for which the bill is
drawn; (c) local; that is to say, an
Pyramid sales schemes. See Chain acceptance to pay only at a particular
distribution plans. place; (d) qualified as to time; (e)
the acceptance of some, one or
Pyromania. Legal Med. An irresistible more of the drawees but not of all. [Sec.
impulse to set things afire. [Olarte, 141, NIL]. Compare with General
Legal Med., 1st Ed. (2004), p. 151]. acceptance.
Pyrophoric. Descriptive of any substance Qualified individual with a disability.

that ignites spontaneously when An individual with a disability who, with
exposed to air. [Sec. 3, PD 1185]. or without reasonable accommodations,
can perform the essential functions of
the employment position that such
individual holds or desires. However,
consideration shall be given to the
employer's judgment as to what
functions of a job are essential, and if
an employer has prepared a written
description before advertising or
interviewing applicants for the job, this
description shall be considered evidence
of the essential functions of the job.
[Sec. 4, RA 7277].
Qualified indorsement. Nego. Inst. 1.

An indorsement that constitutes the
indorser as a mere assignor of the title
to the instrument. It may be made by
-Q-
adding to the indorser's signature the
words without recourse or any words
of similar import. Such an indorsement
Quack doctor. One who practices does not impair the negotiable character
medicine without the benefit of of the instrument. [Sec. 38, NIL].

527
Qualified indorser. Every person mutiny on the high seas, whenever they
negotiating an instrument by delivery or have seized a vessel by boarding or
by a qualified indorsement who firing upon the same; or whenever the
warrants: (a) that the instrument is pirates have abandoned their victims
genuine and in all respects what it without means of saving themselves; or
purports to be; (b) that he has a good whenever the crime is accompanied by
title to it; (c) that all prior parties had murder, homicide, physical injuries or
capacity to contract; (d) that he has no rape. [Art. 123, RPC].
knowledge of any fact which would
impair the validity of the instrument or Qualified political agency doctrine.
render it valueless. [Sec. 65, NIL]. 2. An Under this doctrine, the different
indorsement in which the endorser does executive departments are mere
not guarantee that a negotiable adjuncts of the President. Their acts are
instrument will be accepted and paid by presumptively the acts of the President
the drawer or maker. [Intl. Law Dict. & until countermanded or reprobated by
Direct., 2004]. her. [Villena v. Secretary, 67 Phil. 451;
Free Telephone Workers Union v.
Qualifiedly privileged Minister of Labor and Employment, 108
communication. See Conditionally SCRA 757 (1981)].
privileged communication.
Qualified seduction. The seduction of a
Qualified next-in-rank. An employee virgin over twelve years and under
appointed on a permanent basis to a eighteen years of age, committed by
position previously determined to be any person in public authority, priest,
next-in-rank and who meets the home-servant, domestic, guardian,
requirements for appointment thereto as teacher, or any person who, in any
previously determined by the appointing capacity, shall be entrusted with the
authority and approved by the education or custody of the woman
Commission. [Sec. 21, Admin. Code of seduced, or by any person who shall
1987]. seduce his sister or descendant,
whether or not she be a virgin or over
Qualified occupant. Tenant. The Urban eighteen years of age. [Art. 337, RPC].
Land Reform Law (PD 1517) defines the Compare with Simple seduction.
term in the same context as the term
tenant. [Vergara v. IAC, GR 74998. Qualified seduction. Elements: (a) that
May 7, 1990]. the offended party is a virgin, which is
presumed if she is unmarried and of
Qualified person. Any citizen of the good reputation; (b) that she must be
Philippines with capacity to contract, or over twelve (12) and under eighteen
a corporation, partnership, association, (18) years of age; (c) that the offender
or cooperative organized or authorized has sexual intercourse with her; and (d)
for the purpose of engaging in mining, that there is abuse of authority,
with technical and financial capability to confidence or relationship on the part of
undertake mineral resources the offender. [Gonzales v. CA, GR
development and duly registered in 108811. May 31, 1994]. Compare with
accordance with law at least sixty per Consented abduction.
centum (60%) of the capital of which is
owned by citizens of the Philippines: Qualified theft. Crim. Law. The felony
Provided, That a legally organized committed by a domestic servant, or
foreign-owned corporation shall be with grave abuse of confidence, or if the
deemed a qualified person for purposes property stolen is motor vehicle, mail
of granting an exploration permit, matter or large cattle or consists of
financial or technical assistance coconuts taken from the premises of the
agreement or mineral processing permit. plantation or fish taken from a fishpond
[Sec. 3, RA 7942]. or fishery, or if property is taken on the
occasion of fire, earthquake, typhoon,
Qualified piracy. Crim. Law. The felony volcanic eruption, or any other calamity,
committed by those who commit any of vehicular accident or civil disturbance.
the crimes of piracy in general and

528
[Art. 310, RPC, as amended by RA 120

and BP 71]. Quantum. Lat. Amount or extent.
Qualified theft of logs. Elements: (a)
That the accused cut, gathered, Quantum meruit. Lat. As much as he
collected or removed timber or other has deserved. 1. Used as the basis for
forest products; (b) that the timber of determining the lawyer's professional
other forest products cut, gathered, fees in the absence of a contract.
collected or removed belongs to the Factors such as the time spent and
government or to any private individual; extent of services rendered; novelty and
and (c) that the cutting, gathering, difficulty of the questions involved;
collecting or removing was without importance of the subject matter; skill
authority under a license agreement, demanded; probability of losing other
lease, license, or permit granted by the employment as a result of acceptance of
state. [People v. CFI of Quezon (Br. VII) the proffered cause; customary charges
GR L-46772. Feb. 13, 1992]. for similar services; amount involved in
the controversy and the benefits
Qualified trespass to dwelling. Crim. resulting to the client; certainty of
Law. The felony committed by any compensation; character of
private person who shall enter the employment; and professional standing
dwelling of another against the latter's of the lawyer, are considered in
will, or by means of violence or determining his fees. [Sesbreo v. CA,
intimidation. This shall not be applicable GR 117438. June 8, 1995, citing CPR,
to any person who shall enter another's Canon 20, Rule 20.1, June 21, 1988]. 2.
dwelling for the purpose of preventing A legal principle under which a person
some serious harm to himself, the should not be obliged to pay, nor should
occupants of the dwelling or a third another be allowed to receive, more
person, nor shall it be applicable to any than the value of the goods or services
person who shall enter a dwelling for exchanged. [Duhaime's Legal Dict.,
the purpose of rendering some service 2004].
to humanity or justice, nor to anyone
who shall enter cafes, taverns, inn and Quantum valebant. Lat. As much as
other public houses, while the same are what is reasonably worth. [Maacop
open. [Arty. 280, RPC]. Const. Co. v. CA, GR 122196. Jan. 15,
1997].
Qualified voters. The term is equivalent
to "registered voters. [Leyva v. Quarrying. The process of extracting,
Comelec, GR L-25469. Oct. 29, 1966]. removing and disposing quarry
resources found on or underneath the
Qualifying aggravating surface of private or public land. [Sec. 3,
circumstances. Those which change RA 7942].
the nature of the felony as treachery in
murder. [Gregorio, Fund. of Crim. Law Quarry permit. A document granted to a
Rev., 1997 9th Ed., p. 112]. qualified person for the extraction and
utilization of quarry resources on public
Quality assurance. A formal set of or private lands. [Sec. 3, RA 7942].
activities to review and ensure the
quality of services provided. Quality Quarry resources. 1. Any common rock
assurance includes quality assessment or other mineral substances as the
and corrective actions to remedy any Director of Mines and Geosciences
deficiencies identified in the quality of Bureau may declare to be quarry
direct patient, administrative, and resources such as, but not limited to,
support services. [Sec. 1, RA 9241]. andesite, basalt, conglomerate, coral
sand, diatomaceous earth, diorite,
Quality education. The appropriateness, decorative stones, gabbro, granite,
relevance and excellence of the limestone, marble, marl, red burning
education given to meet the needs and clays for potteries and bricks, rhyolite,
aspirations of an individual and society. rock phosphate, sandstone, serpentine,
[Sec. 4, RA 9155]. shale, tuff, volcanic cinders, and

529
volcanic glass. [Sec. 3, RA 7942]. 2. Any more lenders at any one time, for
common stone or other common purposes of relending or purchasing of
mineral substances as the government receivables and other obligations:
may declare to be quarry resources such Provided, however, That commercial,
as, but not restricted to, marl, marble, industrial, and other non-financial
granite, volcanic cinders, basalt, tuff and companies, which borrow funds through
rock phosphate, Provided they contain any of these means for the limited
no metal or metals or other valuable purpose of financing their own needs or
minerals in economically workable the needs of their agents or dealers,
quantities. [Sec. 2, PD 463]. shall not be considered as performing
quasi-banking functions. [Sec. 1, PD
Quash. To vacate or void a summons, 71].
subpoena, etc. [Glossary of Legal Terms
(Pro-Se), 2004]. Quasi-contract. 1. A juridical relation
arising from certain lawful, voluntary
Quashing of a writ of execution. Rem. and unilateral acts to the end that no
Law. Grounds: A writ may be quashed one shall be unjustly enriched or
or recalled only when (a) it appears that benefited at the expense of another.
it has been improvidently issued; (b) [Art. 2142, CC]. 2. An obligation created
that the writ is defective in substance; by the law in the absence of an
or (c) is issued against the wrong party; agreement or contract; not based upon
or (d) that the judgment debt has been the intentions or expressions of the
paid; or (e) that the writ has been parties. [Glossary of Legal Terms (Pro-
issued without authority; or (f) there is Se), 2004].
a change in the situation of the parties
which makes such execution Quasi-corporations. Public bodies which
inequitable; or (g) the controversy was resemble corporations to undertake
never submitted to the judgment of the public or state work for the general
court. [Ibatan v. Melicor, GR L-39125. welfare, but they are not corporations.
Aug. 20, 1990]. [Diaz, Bus. Law Rev., 1991 Ed., p. 248].
Quasi. Lat. As if; almost as it were; Quasi-delict. Also Culpa aquiliana,

analogous to. [Blacks Law Dict., Abr. 5th Culpa extra-contractual or Cuasi-
Ed. (1983), p. 650]. delitos. 1. An act or omission by which
a person causes damage to another,
Quasi-banking activities. Borrowing there being fault or negligence, and
funds from twenty (20) or more there being no pre-existing contractual
personal or corporate lenders at any one relation between the parties, and which
time, through the issuance, makes said person liable to pay for the
endorsement, or acceptance of debt damage done. [Art. 2176, CC]. 2.
instruments of any kind other than Homologous but not identical to tort
deposits for the borrower's own under the common law, which includes
account, or through the issuance of not only negligence, but also intentional
certificates of assignment or similar criminal acts, such as assault and
instruments, with recourse, or of battery, false imprisonment, and deceit.
repurchase agreements for purposes of [Coca-Cola Bottlers v. CA, GR 110295.
re-lending or purchasing receivables and Oct. 18, 1993].
other similar obligations. [Sec. 22, NIRC,
as amended]. Quasi-delict. Also Tort. Elements: (a)
Damages suffered by the plaintiff, (b)
Quasi-banking functions. Borrowing fault or negligence of the defendant or
funds, for the borrower's own account, some other person for whose act he
through the issuance, endorsement or must respond, and (c) the connection of
acceptance of debt instruments of any cause and effect between fault or
kind other than deposits, or through the negligence of the defendant and the
issuance of participations, certificates of damages incurred by plaintiff. [Andamo
assignment, or similar instruments with v. IAC, 191 SCRA 195 (1990)].
recourse, trust certificates, or of
repurchase agreements, from twenty or

530
Quasi-delivery. Also Quasi-traditio. Quasi-judicial function. A function

This applies only to the sale of which involves the use of mental
incorporeal things like allowing the processes in the determination of law or
vendee to use the vendors rights as fact, and at times involves discretion as
new owner with the consent of the to how the power should be used. This
vendor. [Diaz, Bus. Law Rev., 1991 Ed., is particularly true of administrative
p. 120, citing Art. 1501, CC]. agencies. [Morenos Law Dict., 2000
Ed., p. 381].
Quasi in rem action. An action between
parties where the direct object is to Quasi-judicial power. Also
reach and dispose of property owned by Administrative adjudicatory power.
them or of some interest therein. The power of the administrative agency
[Quasha v. Juan, GR L-49140. Nov. 19, to adjudicate the rights of persons
1982]. before it. It is the power to hear and
determine questions of fact to which the
Quasi in rem jurisdiction. Intl. Law. legislative policy is to apply and to
The power of a court to determine the decide in accordance with the standards
ownership rights of persons who appear laid down by the law itself in enforcing
before it as to property located outside and administering the same law.
the forum state. [Intl. Law Dict. & [Comm. of Int. Rev. v. CA, GR 119761.
Direct., 2004]. Aug. 29, 1996].
Quasi-judicial. A term applied to the Quasi-legislative power. Also Rule

action, discretion, etc., of public making power. The power to make
administrative officers or bodies rules and regulations which results in
required to investigate facts, or delegated legislation that is within the
ascertain the existence of facts, hold confines of the granting statute and the
hearings, and draw conclusions from doctrine of nondelegability and
them, as a basis for their official action, separability of powers. [Comm. of Int.
and to exercise discretion of a judicial Rev. v. CA, GR 119761. Aug. 29, 1996].
nature. [Lupangco v. CA, GR L-77372.
Apr. 29, 1988]. Quasi-negotiable instrument. A
negotiable instrument that may be
Quasi-judicial action. An action when transferred by endorsement, coupled
an administrative officer or board is with delivery. [Tan v. SEC, GR 95696.
required to investigate or ascertain the Mar. 3, 1992].
existence of facts and draw conclusions
therefrom as the basis for official action Quasi-parties. Those in whose behalf a
and to exercise its discretion or class or representative suit is brought.
judgment of a judicial nature. [Morenos [Claridades, A., Compilation of Notes,
Law Dict., 2000 Ed., p. 381]. 2001-2006].
Quasi-judicial adjudication. A Quasi-public corporations. Public

determination of rights, privileges and bodies which are not corporations in the
duties resulting in a decision or order full sense but only resemble them in
which applies to a specific situation. that they have some attributes of a
[Lupangco v. CA, GR L-77372. Apr. 29, corporation and are created or
1988]. authorized by the legislature as public
agencies to undertake some public or
Quasi-judicial body. An organ of state work for the general welfare. [De
government other than a court and Leon, Corp. Code of the Phil. Annotated,
other than a legislature, which affects 1989 Ed., p. 43].
the rights of private parties through
either adjudication or rule making. Quasi-recidivism. Crim. Law. 1. A
[Presl. Anti-Dollar Salting Task Force v. special aggravating circumstance where
CA, GR 83578. Mar. 16, 1989, citing a person, after having been convicted
Gonzales, Admin. Law, A Text 13 by final judgment, shall commit a new
(1979)]. felony before beginning to serve such
sentence, or while serving the same. It

531
is not required that the felony previously (legislature) or of its members,

committed be embraced in the same collectively or individually. [Rule XX.
title of the Rev. Penal Code. [US v. 121, Rules of the HoR].
Mohamad, 33 Phil. 524 (1916)]. 2. It is
punishable by the maximum period of Qui aliquid statuerit parte inaudita
the penalty prescribed by law for the altera, aequum licet dexerit, haud
new felony and cannot be offset by any aequum facerit. Lat. He who decides
ordinary mitigating circumstance. anything, one party being unheard,
[People v. Perez, 102 SCRA 352 (1981; though he should decide right, does
People v. Villacores, 97 SCRA 567 wrong. [People v. Mogol, GR L-37837.
(1980); and People v. Majuri, 96 SCRA Aug. 24, 1984].
472 (1980)].
Quid pro quo. Lat. Something for
Quasi-traditio. See Quasi-delivery. something. The giving of something in
exchange for another thing of equal
Quebrantamiento. Sp. Evasion. It value. [Duhaime's Legal Dict., 2004].
means escape. [Tanega v. Masakayan,
GR L-27191. Feb. 28, 1967, citing Art. Quieting of title. 1. An action brought to
93, RPC]. remove or prevent a cloud or to quiet
the title, whenever there is a cloud on
Quedan. Sugar warehouse receipt. [Sec. title to real property or any interest
3, RA 5524; Starke v. Philsucom, GR therein, by reason of any instrument,
85997. Aug. 19, 1992]. record, claim, encumbrance or
proceeding which is apparently valid or
Quedan and Rural Credit Guarantee effective but is in truth and in fact
Corporation Act. RA 7393 entitled An invalid, ineffective, voidable, or
Act reorganizing the Quedan Guarantee unenforceable, and may be prejudicial
Fund Board, renaming it as Quedan And to said title. [Art. 476, CC]. 2. A
Rural Credit Guarantee Corporation, common law remedy for the removal of
enlarging its powers and resources to any cloud upon or doubt or uncertainty
support farmers and rural enterprises, with respect to title to real property.
and for other purposes enacted on Apr. [Viuda de Aviles v. CA, GR 95748. Nov.
13, 1992. 21, 1996, citing Vitug, Compendium of
Civil Law and Jurisp., 1993 Rev. Ed., p.
Question of fact. There is a question of 295].
fact when the doubt arises as to the
truth or the falsehood of alleged facts. Qui facit per allum facit per se. Lat.
[Manila Bay Club v. CA, GR 110015. July He who acts through another, acts by
11, 1995]. himself. [BPI v. De Coster, 49 Phil. 574,
Nov. 12, 1926].
Question of law. There is a question of
fact when the doubt or difference arises Qui haeret in litera haeret in cortice.
as to the truth or the falsehood of Lat. He who considers merely the letter
alleged facts; or when the query of an instrument goes but skin deep into
necessarily invites calibration of the its meaning. [People v. Puno, GR 97471.
whole evidence considering mainly the Feb. 17, 1993, citing Black's Law Dict.,
credibility of witnesses, existence and 4th Ed., 1413].
relevancy of specific surrounding
circumstances, their relation to each Qui in jus dominumve alterius
other and to the whole and the succedit, jure ejus uti debet. Lat. He
probabilities of the situation. [Bernardo who succeeds to the right or property of
v. CA, GR 101680. Dec. 7, 1992]. another must use the same right as he.
[Quijano v. Cabale, 49 Phil. 367, citing
Questions of order. See Points of Escriche's Dict., title Heredere].
order.
Qui jure suo utitur mullum damnum
Questions of privilege. Those affecting facit. Lat. One who makes use of his
the duties, conduct, rights, privileges, own legal right does no injury. [Auyong
dignity, integrity or reputation of the

532
Hian v. CTA, GR L-28782. Sep. 12, should do for the safety of his own
1974]. person is to be adjudged as having been
done justly in his own favor. [People v.
Qui non negat fatetur. Lat. The failure Boholst-Caballero, GR L-23249. Nov. 25,
to deny becomes an admission. [Piedad 1974, citing 1 Viada, 172, 5th Ed.].
v. Lanao Del Norte Electric Coop., GR
73735. Aug. 31, 1987]. Quorum. 1. Corp. Law. T indigenous
petroleum' shall include locally extracted
Qui per alium facit per seipsum mineral oil, hydrocarbon gas, bitumen,
facere videtur. Lat. He who does a crude asphalt, mineral gas and all other
thing by an agent is considered as doing similar or naturally associated
it himself. This rule is affirmed by the substances with the exception of coal,
Civil Code thus: Art. 1910. The principal peat, bituminous shale and/or stratified
must comply with all the obligations mineral deposits.he stockholders
which the agent may have contracted representing a majority of the
within the scope of his authority. and outstanding capital stock or a majority
Art. 1911. Even when the agent has of the members in the case of non-stock
exceeded his authority, the principal is corporations, unless otherwise provided
solidarily liable with the agent if the for in the Corporation Code or in the by-
former allowed the latter to act as laws. [Sec. 52, Corp. Code]. 2. Pol. Law.
though he had full powers. [Prudential That number of persons of the body
Bank v. CA, GR 108957. June 14, 1993]. which, when legally assembled in their
proper places, will enable the body to
Qui prior est tempore, potior est transact its proper business, or, in other
jure. Lat. He who is before in time is words, that number that makes a lawful
the better in right. Priority in time gives body and gives it power to pass a law or
preference in law. [Victronics ordinance or do any other valid
Computers, Inc. v. RTC, Branch 63, corporate act. [Javellana v. Tayo, GR L-
Makati, GR 104019. Jan. 25, 1993, citing 18919. Dec. 29, 1962, citing 4 Mc-
Black's Law Dict., 5th Ed., p. 1125]. Quillin, Municipal Corporations (3rd Ed.
847)].
Quitclaim. Acquitting or giving up ones
claim or title. A release or acquittance Quota. (a) A share, proportion, or part of
given to one person by another, in a total. (b) The number of persons or
respect of any action that the latter has things permitted to enter a country.
or might have against the former. [Intl. Law Dict. & Direct., 2004].
2001-2006]. Quota allocation. The total value of
imports of any particular item allowed to
Quitclaim deed. A deed without an importer, or that portion of the
warranty of title which passes whatever import quota granted to the importer.
title the grantor has to another. [Sec. 1, RA 426].
2004]. Quoties in verbis nulla est
ambiguitas, ibi nulla expositio
Quod est inconveniens, aut contra contra verba fienda est. Lat. In the
rationem non permissum est in absence of ambiguity, no exposition
lege. Lat. What is inconvenient or shall be made which is opposed to the
contrary to reason is not allowed in law. express words of the instrument.
[Rep. v. CA, GR 108926. July 12, 1996]. [Morenos Law Dict., 2000 Ed., p. 384].
Quod nullum est, nullum producit Quo warranto. 1. The remedy to try the
effectum. Lat. One cannot produce right to an office or franchise and to
anything out of nothing. [Morenos Law oust the holder from its enjoyment.
Dict., 2000 Ed., p. 384]. [Lota v. CA, GR L-14803. June 30, 1961,
citing 38 CJ 546; 2 Moran, Comments
Quod quisque ob tutelam corporis sui on the Rules of Court, 1957 ed., 200]. 2.
fecerit, jure suo fecisse A proceeding to determine the right to
existimetur. Lat. That which anyone the use or exercise of a franchise or

533
office and to oust the holder from its

enjoyment, if his claim is not well-
founded, or if he has forfeited his right
to enjoy the privilege. [Castro v. Del
Rosario, GR L-17915. Jan. 31, 1967].
Quo warranto petition. 1. The proper

remedy where there is usurpation or
intrusion into an office. [Lota v. CA, GR
L-14803, June 30, 1961, 2 SCRA 715].
2. A remedy generally brought by the
Government through the Solicitor
General of a public prosecutor against a
person, public officer or corporation,
charging the latter with usurpation of
office or franchise. This action intends
to oust the defendant from his office or
from enjoying holder's privileges if the
right to hold such office is not well
founded or if the holder has forfeited
the said right. An individual person
claiming to be entitled to a public office
or position may also file the special civil
action of quo warranto in his name.
Quo warranto; who may be made

parties. Any person claiming to be
entitled to a public office may bring an
action of quo warranto without the
intervention of the Solicitor General or
the Fiscal [Navarro v. Gimenez, 10 Phil.,
226] and only the person who is in -R-
unlawful possession of the office, and all
who claim to be entitled to that office, Radioactive substance. Any substance
may be made parties in order to which emits ionizing radiation. [Art. 4,
determine their respective rights thereto RA 7394].
in the same action. [2 Moran,
Comments on the Rules of Court, 1957 Radiologic technologist. A bona fide
Ed., 209, 210]. holder of a certificate of registration for
radiologic technology issued by the
Quum virginitas, vel castitas, Board of Radiologic Technology. [Sec. 3,
corrupta restitui non potest. Lat. RA 7431].
Because virginity or chastity, once
defiled, cannot be restored. [People v. Radiologic technology. An auxiliary
Luague, GR 43588. Nov. 7, 1935]. branch of radiology which deals with the
technical application of radiation, such
as x-rays, beta rays, gamma rays,
ultrasound and radio frequency rays, in
the diagnosis and treatment of diseases.
[Sec. 3, RA 7431].
Radiologic Technology Act of 1992.

RA 7431 enacted on Apr. 22, 1992.
Radiologist. A licensed physician who

specializes in the diagnosis or treatment
of disease with the use of radiation.
[Sec. 3, RA 7431].

534
Radiology. A branch of medical science

which deals with the use of radiation in Rape. (Derived from the Latin word,
the diagnosis, treatment and research of rapere, literally meaning, to seize with
diseases. [Sec. 3, RA 7431]. violence) Crim. Law. 1. The felony
committed by having carnal knowledge
Radiotelephone call. A telephone call, of a woman under any of the following
originating in or intended on all or part circumstances: (a) By using force or
of its route over the radio intimidation; (b) when the woman is
communications channels of the mobile deprived of reason or otherwise
service or of the mobile satellite service. unconscious; and (c) when the woman
[PLDT v. NTC, GR 88404. Oct. 18, is under twelve years of age, even
1990]. though neither of the circumstances
mentioned in the two next preceding
Radiotelephony. A telephony carried on numbers shall be present. [Art. 335,
by aid of radiowaves without connecting RPC]. 2. Generally defined as the carnal
wires. [Claridades, A., Compilation of knowledge of a woman by a man
Notes, 2001-2006]. forcibly and unlawfully against her will.
[People v. Padre-e, GR 112969-70. Oct.
Rank. 1. A high social position or 24, 1995]. 3. Carnal knowledge of a
standing as a grade in the armed forces. woman by a man which must be
[Webster's 3rd New Intl. Dict. of the unlawful, that is, without her consent
British Lang. Unabr., (1881)]. 2. A and against her utmost resistance. The
graded official standing or social presence or absence of traces of
position or station. [75 CJS 458]. 3. The spermatozoa is immaterial, since it is
order or place in which said officers are penetration, however slight, and not
placed in the army and navy in relation ejaculation, that makes it rape. [People
to others. [Encyclopedic Law Dict., 3rd v. Gerones, 193 SCRA 263 (1991)].
Ed. p. 90]. 4. The designation or title of
distinction conferred upon an officer in Rape. Elements: (a) That the offender
order to fix his relative position in has had carnal knowledge of a woman;
reference to the other officers in and (b) that such act is accomplished
matters of privileges, precedence, and (1) by using force or intimidation, or (2)
sometimes of command or by which to when the woman is deprived of reason
determine his pay and emoluments as in or otherwise unconscious, or (3) when
the case of army staff officers. the woman is under twelve (12) years of
[Bouvier's Law Dict., 3rd Ed., p. 2804]. age. [Gonzales v. CA, GR 108811. May
5. A grade or official standing, relative 31, 1994].
position in civil or social life, or in any
scale of comparison, status, grade, Rape Victim Assistance and
including its grade, status or scale of Protection Act of 1998. RA 8505
comparison within a position. [Vol. 36, entitled An Act providing assistance
Words & Phrases, Permanent Ed., p. and protection for rape victims,
100]. [All definitions cited in People v. establishing for the purpose a rape crisis
Rodil, GR L-35156. Nov. 20, 1981]. center in every province and city,
authorizing the appropriation of funds
Rank-and-file employees. 1. All therefor, and for other purposes
employees not falling within the enacted on Feb. 13, 1998.
definitions of Managerial employee and
Supervisory employees. [Sec. 1, Rule 1, Rate. Admin. Law. Any charge to the
Book 5, IRR of LC]. 2. public for a service open to all and upon
the same terms, including individual or
Ransom. 1. The money, price or joint rates, tolls, classifications, or
consideration paid or demanded for schedules thereof, as well as
redemption of a captured person or commutation, mileage, kilometerage
persons, a payment that releases from and other special rates which shall be
captivity. [People v. Guevarra, GR imposed by law or regulation to be
97471. Feb. 17, 1993]. 2. Money paid to observed and followed by any person.
have a kidnapped person released. [Sec. 2, Chap. 1, Book VII, EO 292].

535
Rate. Ins. Generally, the ratio of the Ratio legis est anima. Lat. The reason
premium to the amount insured and of law is its soul. [Comendador v. De
shall include, as the context may Villa, GR 93177. Aug. 2, 1991].
require, either the consideration to be
paid or charged for insurance contracts, Ratio legis est anima legis. Lat. The
including surety bonds, or the elements reason of the law is the soul of the law.
and factors forming the basis for the [Morenos Law Dict., 2000 Ed., p. 387].
determination or application of the
same, or both. [Sec. 339, IC]. Ratooning. The cutting of the straw
close to the ground at harvesting time
Rate base. The money honestly and after all the standing water has been
prudently invested in the used and drained out to allow the young tillers to
useful property and equipment less sprout out the rootstocks and develop
accrued depreciation plus one-twelfth of into mature normal bearing plants in
the annual cash operating expenses as three or four months with the aid of
working capital. [Sec. 5, RA 3187]. fertilizer, manure or compost. [Sec. 2,
RA 2263].
Rate of exchange. See Exchange rate.
Raw materials. Materials in their natural
Ratification. 1. Civ. Law. The approval state or in crude form as well as
by a person of a prior act which did not products made from crude material or
bind him but which was purportedly materials which may have undergone
entered into for his own account. [Diaz, manufacturing or process as may be
Bus. Law Rev., 1991 Ed., p. 89]. 2. An allowed by any implementing rules and
act to adopt or approve an act done by regulations. [Sec. 12, PD 1419].
another. [Torres, Oblig. & Cont., 2000
Ed., p. 354]. 2. Const. Law. The RDA. See Recommended Dietary
sovereign act vested in the Filipino Allowances.
people to either reject or approve the
proposals to amend or revise the Real action. An action brought for the
Constitution. [Suarez, Pol. Law specific recovery of land, tenements, or
Reviewer, 1st Ed., 2002, p. 15]. hereditaments. [Hernandez v. DBP, GR
L-31095. June 18, 1976]. Compare with
Ratification. Civ. Law. Effects: (a) Personal action.
Ratification extinguishes the action to
annul a voidable contract [Art. 1392, Real aggression. Crim. Law. An act
CC]; (b) it cleanses the contract from all positively strong as to show the
its defects from the moment it was wrongful intent of the aggressor, not
constituted [Art. 1396, CC]; and (c) it merely a threatening or intimidating
makes the contract perfectly valid from attitude. There must be a material
the moment of its celebration and not attack in order that the right to defend
from the time of ratification. [Diaz, Bus. must exist. [US v. Banzuela, 31 Phil.
Law Rev., 1991 Ed., p. 89]. 565; US v. Santos, 17 Phil. 87].
Ratio decidendi. Lat. Reason for Real and hypothecary nature of

deciding. 1. A finding of law in a maritime law. The liability of the
decision, where the finding was based carrier in connection with losses related
on the issues properly before the court. to maritime contracts is confined to the
It is legal reasoning essential to the vessel, which is hypothecated for such
decision that the court must take to obligations or which stands as the
decide the case. [Tetley, Glossary of guaranty for their settlement. It has its
Conflict of Laws, 2004]. 2. The ground origin by reason of the conditions and
or reason of the decision in a case. risks attending maritime trade in its
[Jurists Legal Dict., 2004]. earliest years when such trade was
replete with innumerable and unknown
Ratio in jure aequitas integra. Reason hazards since vessels had to go through
in law is perfect equity. [Morenos Law largely uncharted waters to ply their
Dict., 2000 Ed., p. 387]. trade. It was designed to offset such
adverse conditions and to encourage

536
people and entities to venture into and for a compensation or in the

maritime commerce despite the risks expectation or promise of receiving
and the prohibitive cost of shipbuilding. compensation, (a) sells or offers for
Thus, the liability of the vessel owner sale, buys or offers to buy, lists, or
and agent arising from the operation of solicits for prospective purchasers or
such vessel were confined to the vessel negotiates the purchase, sale or
itself, its equipment, freight, and exchange of real estate or interests
insurance, if any, which limitation therein; (b) or negotiates loans or real
served to induce capitalists into estate; (c) or leases or offers to lease or
effectively wagering their resources negotiates the sale, purchase or
against the consideration of the large exchange of a lease, or rents or places
profits attainable in the trade. It might for rent or collects rent from real estate
be noteworthy to add in passing that or improvements thereon; (d) or shall
despite the modernization of the be employed by or on behalf of the
shipping industry and the development owner or owners of lots or other parcels
of high-technology safety devices of real estate at a stated salary, on
designed to reduce the risks therein, the commission, or otherwise, to sell such
limitation has not only persisted, but is real estate or any parts thereof in lots or
even practically absolute in well- parcels. [Sec. 1, PD 426].
developed maritime countries such as
the United States and England where it Real estate dealer. Any person engaged
covers almost all maritime casualties. in the business of buying, selling,
Philippine maritime law is of Anglo- exchanging, leasing, or renting property
American extraction, and is governed by on his own account as principal and
adherence to both international holding himself out as a full or part-time
maritime conventions and generally dealer in real estate or as an owner of
accepted practices relative to maritime rental property or properties rented or
trade and travel. [Aboitiz Shipping v. offered to rent for an aggregate amount
Gen. Accident Fire and Life Assurance, of three thousand pesos or more a year.
GR 100446. Jan. 21, 1993]. [Sec. 6, RA 588].
Real contracts. Contracts, such as Real estate mortgage. 1. A con-tract

deposit, pledge and Commodatum, embodied in a public instrument
which are not perfected until the recorded in the Registry of Property, by
delivery of the object of the obligation. which the owner of an immovable (or an
[Art. 1316, CC]. Compare with alienable real right imposed upon
Consensual contracts. immovables) directly and immediately
subjects it, whoever the possessor may
Real delivery. See Actual delivery. be, to the fulfillment of the obligation
for whose security it was constituted.
Real estate. 1. As a general rule, the [Arts. 2124, 2125, 2126, CC. Note that
term connotes the land and the building Art. 2125 states that "If the instrument
or structure adhering thereto. [Morenos is not recorded, the mortgage is
Law Dict., 2000 Ed., p. 387]. 2. For nevertheless binding between the
purposes of taxation, all land within the parties."]. 2. A contract in which the
district by which the tax is levied, and all debtor guarantees to the creditor the
rights and interests in such land, and all fulfillment of a principal obligation,
buildings and other structures affixed to subjecting for the faithful compliance
the land, even though as between the therewith a real property in case of non-
landlord and the tenant they are the fulfillment of said obligation at the time
property of the tenant and may be stipulated. [Paras. E. L., Civil Code of
removed by him at the termination of the Phils., Anno., 10th Ed., Vol. V, p.
the lease. [Villanueva v. City of Iloilo, 852, citing 12 Manresa, p. 460].
GR L-26521. Dec. 28, 1968, citing 51 Compare with Chattel mortgage.
Am. Jur. 438].
Real estate salesman. Any natural
Real estate broker. Any person, other person regularly employed by a real
than a real estate salesman as estate broker to perform in behalf of
hereinafter defined, who for another, such broker. [Sec. 1, PD 426].

537
Penal Code. [Gamboa v. CA, GR L-

Real estate tax. A tax in rem against 41054. Nov. 28, 1975, citing The Rev.
realty without personal liability therefor Penal Code, Aquino, Vol. I 1961 Ed., at
on part of owner thereof, and a 555-56].
judgment recovered in proceedings for
enforcement of real estate tax is one in Real property. 1. Also Real estate.
rem against the realty without personal Land and buildings and other
liability against the owner. [Villanueva v. improvements which are more or less of
City of Iloilo, GR L-26521. Dec. 28, permanent structure and substantially
1968, citing 36 Words & Phrases, 286]. adhering to the land with the intent of
permanent annexation. [IRR on Supply
Real evidence. Any fact about a material & Prop. Mgt., per Sec. 383, LGC]. 2.
or corporate object, e.g. a book or a Land, buildings, and whatever is
human foot, whether produced in court attached or affixed to the land.
or not. [Tiglao v. Comelec, GR L-31566 Generally synonymous with the words
& L-31847. Aug. 31, 1970]. See Real estate. [Glossary of Legal Terms
Autoptic preference. (Pro-Se), 2004]. 3. Immovable property
such as land or a building or an object
Real interest. A present substantial that, though at one time a chattel, has
interest, as distinguished from a mere become permanently affixed to land or a
expectancy or a future, contingent, building. [Duhaime's Legal Dict., 2004].
subordinate or consequential interest.
[Barfel Devt. Corp. v. CA, citing Moreno, Real Property Tax Code. PD 464 signed
Phil. Law Dict., 3rd Ed.]. into law on May 20, 1974.
Real novation. Also Objective Real right. The power belonging to a

novation. The extinguishment of an person over a specific thing, without a
obligation by a subsequent one which passive subject individually determined
terminates it, either by changing its against whom such right may be
object or principal conditions. [Caned v. personally exercised. [Tolentino, Civil
CA, GR 81322. Feb. 5, 1990]. Compare Code of the Phil., Vol. II, Repr. 2001, p.
with Personal novation or 5, citing 3 Sanchez Roman 6, 8].
Subjective Novation.
Real right of possession. Possession
Real party in interest. The party who for more than one year, or possession
stands to be benefited or injured by the de jure (Art. 555, CC) which is lost after
judgment or the party entitled to the the lapse of ten years. [Morenos Law
avails the suit. [Samahan ng mga Dict., 2000 Ed., p. 388].
Nangungupahan sa Azcarraga Textile
Market v. CA, GR 68357, Sep. 26, 1988; Real tradition. The delivery or transfer
Sec. 2, Rule 3, RoC]. of a thing from hand to hand, if it is
movable, and if it is immovable, by
Real party in interest-defendant. One certain material or possessory acts by
who has a correlative legal obligation the grantee done in the presence and
whose act or omission violates the legal with the consent of the grantor, such as
right of the plaintiff. [Lee v. Romillo, GR entering upon the property, gathering
L-60937. May 28, 1988]. its fruits, opening doors, etc., which are
generally called taking possession.
Real party in interest-plaintiff. One [Tolentino, Civil Code of the Phil., Vol.
who has a legal right. [Lee v. Romillo, II, Repr. 2001, p. 459]. See
GR L-60937. May 28, 1988]. Constructive tradition.
Real plurality. Also Concurso real. This Realty Installment Buyer Protection
arises when the accused performs an Act. RA 6552 entitled An Act to provide
act or different acts with distinct protection to buyers of real estate on
purposes and resulting in different installment payments enacted on Aug.
crimes which are juridically independent. 26, 1972. Also known as Maceda Law.
Unlike ideal plurality, this real plurality is
not governed by Art. 48 of the Rev.

538
Real union. Intl. Law. A union created between the means of attack and
when two or more states are merged defense. What the law requires is
under a central authority through which rational equivalence, in the
they act in the direction of their external consideration of which will enter as
affairs. The states forming this union do principal factors the emergency, the
not lose their status as such but their imminent danger to which the person
respective international personalities are attacked is exposed, and the instinct,
extinguished and blended in the new more than the reason, that moves or
international person which, however, is impels the defense, and the
not considered a state. [Cruz, Intl. Law proportionateness thereof does not
Reviewer, 1996 Ed., p. 13]. Compare depend upon the harm done, but rests
with Personal union. upon the imminent danger of such
injury. [People v. Encomienda, GR L-
Reasonable bail. That bail which, in 26750. Aug. 18, 1972].
view of the nature of the offense, the
penalty which the law attaches to it and Reasonable person. A phrase used to
the probabilities that guilt will be denote a hypothetical person who
established on the trial, seems no more exercises qualities of attention,
than sufficient to secure the partys knowledge; intelligence, and judgment
attendance. In determining this, some that society requires of its members for
regard should be had to the prisoners the protection of their own interest and
pecuniary circumstances. [Morenos Law the interests of others. Thus, the test of
Dict., 2000 Ed., p. 389]. negligence is based on either a failure to
do something that a reasonable person,
Reasonable care. The degree of guided by considerations that ordinarily
diligence required in the performance of regulate conduct, would do, or on the
a right. [Claridades, A., Compilation of doing of something that a reasonable
Notes, 2001-2006]. and prudent (wise) person would not
do. [Jurists Legal Dict., 2004].
Reasonable classification. Elements:
(a) It must rest on substantial Reasonable private benefit plan. A
distinctions; (b) it must be germane to pension, gratuity, stock bonus or profit-
the purpose of the law; (c) it must not sharing plan maintained by an employer
be limited to existing conditions only; for the benefit of some or all of his
and (d) it must apply equally to all officials or employees, wherein
members of the same class. [Maritime contributions are made by such
Manning Agencies v. POEA, GR 114714. employer for the officials or employees,
Apr. 21, 1995]. or both, for the purpose of distributing
to such officials and employees the
Reasonable doubt. 1. That doubt earnings and principal of the fund thus
engendered by an investigation of the accumulated, and wherein it is provided
whole proof and an inability, after such in said plan that at no time shall any
investigation, to let the mind rest easy part of the corpus or income of the fund
upon the certainty of guilt. Absolute be used for, or be diverted to, any
certainty of guilt is not demanded by the purpose other than for the exclusive
law to convict of any criminal charge but benefit of the said officials and
moral certainty is required, and this employees. [Sec. 31, NIRC, as
certainty is required as to every amended].
proposition of proof requisite to
constitute the offense. [US v. Lasada, Reasonable rate of return on
18 Phil. 90]. 2. That state of mind of a investments and operating and
judge in which he cannot say he feels maintenance cost. The rate of return
an abiding conviction as to the truth of that reflects the prevailing cost of
the charge. [Glossary of Legal Terms capital in the domestic and international
(Pro-Se), 2004]. markets. [Sec. 2, RA 7718].
Reasonable necessity of the means Reasonable time. So much time as is

employed. Crim. Law. It does not necessary under the circumstances for a
imply material commensurability reasonable prudent and diligent man to

539
do, conveniently, what the contract or once these conditions cease to exist the
duty requires should be done, having a contract also ceases to exist.
regard for the rights and possibility of Considering practical needs and the
loss, if any, to the other party. [Far East demands of equity and good faith, the
Realty v. CA, 166 SCRA 256 (1988)]. disappearance of the basis of a contract
gives rise to a right to relief in favor of
Reassessment. The assigning of new the party prejudiced. 2. A name given to
assessed values to property, particularly a tacit condition, said to attach to all
real estate, as the result of a general, treaties, that they shall cease to be
partial or individual reappraisal of the obligatory so soon as the state of facts
property. [Sec. 3, PD 464]. and conditions upon which they were
founded has substantially changed.
Reassignment. Admin. Law. The [PNCC v. CA, GR 116896. May 5, 1997,
movement of an employee from one citing Black's Law Dict., 1139 (5th Ed.,
organizational unit to another in the 1979)]. Compare with Pacta sunt
same department or agency which does servanda.
not involve a reduction in rank, status,
or salary and does not require the Rebus sic stantibus principle. The
issuance of an appointment. [Sec. 10, theory under which the parties stipulate
Rule VII of the Omnibus Rules in the light of certain prevailing
Implementing Book V of EO 292]. conditions, and once these conditions
Compare with Detail. cease to exist, the contract also ceases
to exist. [Naga Telephone Co. v. CA,
Rebate. The discount or reduction in a 230 SCRA 351, 365 (1994) citing IV
claim made in consideration of prompt Tolentino 347]. This theory is said to be
payment. [Padilla v. CA, GR 105851. the basis of Art. 1267 of the Civil Code,
Mar. 24, 1993, citing Phil. Legal Encyc. (which enunciates the doctrine of
(1986), QC, Phoenix Press, pp. 827- unforeseen events and) which provides:
828]. When the service has become so
difficult as to be manifestly beyond the
Rebellion. Also Insurrection. Crim. contemplation of the parties, the obligor
Law. 1. The felony committed by rising may also be released therefrom, in
publicly and taking arms against the whole or in part. [PNCC v. CA, GR
Government for the purpose of 116896. May 5, 1997].
removing from the allegiance to said
Government or its laws, the territory of Rebut. Evidence disproving other
the Philippines or any part thereof, of evidence previously given or
any body of land, naval or other armed reestablishing the credibility of
forces, depriving the Chief Executive challenged evidence. [Glossary of Legal
(President) or the Legislature Terms (Pro-Se), 2004]. See Rejoinder.
(Congress), wholly or partially, of any of
their powers or prerogatives. [Art. 134, Rebuttable presumption. See Prima
RPC, as amended by RA 6968]. 2. The facie presumption; Disputable
felony committed by rising publicly and presumption.
taking up arms against the Government
for any of the purposes specified in Art. Rebuttal evidence. Evidence which is
134 of the Rev. Penal Code. 2. Rebellion given to explain, repel, counteract or
is a crime against public order. Rising disprove facts given in evidence by the
publicly and taking arms against the adverse party. [Francisco, Evidence, Vol.
Government is the very element of the VII, Part 1, 1997 Ed., p. 8].
crime of rebellion. [Buscayno v. Military
Commissions, GR 58284, 109 SCRA 289 Recall. A procedure for locating a
(1981)]. newborn with a possible heritable
condition for purposes of providing the
Rebus sic stantibus. Lat. At this point of newborn with appropriate laboratory to
affairs; In these circumstances; Things confirm the diagnosis and, as
remaining as they are. 1. Under this appropriate, provide treatment. [Sec. 4,
theory, the parties stipulate in the light RA 9288].
of certain prevailing conditions, and

540
Recall. Admin. Law. 1. A mode of a commodity sold, as well as authorized

removal of a public officer by the people contributions or aids from other entities,
before the end of his term of office. The except provisional advances for
people's prerogative to remove a public budgetary purposes. Loans for specific
officer is an incident of their sovereign projects or activities shall be considered
power and in the absence of as receipts. [Sec. 14, PD 477].
constitutional restraint, the power is
implied in all governmental operations. Received for shipment bill of lading.
Such power has been held to be One in which it is stated that the goods
indispensable for the proper have been received for shipment with or
administration of public affairs. [Garcia without specifying the vessel by which
v. Comelec, GR 111511. Oct. 5, 1993, the goods are to be shipped. Received
citing 67 CJS 480]. for shipment bills of lading are issued
whenever conditions are not normal and
Recall, written petition for. A petition there is insufficiency of shipping space.
duly signed before the election registrar [Magellan v. CA, GR 95529. Aug. 22,
or his representative, and in the 1991]. Compare with On board bill of
presence of a representative of the lading.
petitioner and a representative of the
official sought to be recalled and, and in Received the goods in good order
a public place in the province, city, and condition. It means that the
municipality, or barangay, as the case goods were in fact delivered to and
may be, and filed with the Comelec received as such by the person who
through its office in the local signed the invoice. [Morenos Law Dict.,
government unit concerned. [Sec. 70 2000 Ed., p. 391].
(d) (1), LGC].
Receiver. A representative of the court
Recant. 1. To withdraw or repudiate appointing him for the purpose of
formally and publicly. [citing Black's Law preserving and conserving the property
Dict., 6th Ed. (1990)]. 2. To renounce or under receivership and preventing its
withdraw a prior statement. [Alonte v. possible destruction or dissipation, if it
Savellano, GR 131652. Mar. 9, 1998, goes to the possession of another
citing Words & Phrases Vol. 36]. person. [Salientes v. IAC, GR L-66211.
July 14, 1995].
Recantation. The term usually applies to
a repudiation by a complainant or a Receivership. The placement of
witness, either for the prosecution or property, real or personal, which is
the defense, who has previously given subject of litigation, in the possession
an extra-judicial statement or testimony and control of a receiver appointed by
in court. [People v. del Pilar, 188 SCRA the Court, who shall conserve it pending
37 (1990)]. final determination of the title or right or
possession over it. [Cojuangco, Jr. v.
Receipt. A written and signed PCGG, 190 SCRA 226, 249].
acknowledgment that money has been
paid or goods have been delivered. A Receiving any gift. The act of accepting
receipt is merely presumptive evidence directly or indirectly, a gift from a
and is not conclusive. A written person other than a member of his
acknowledgment that money or a thing family or relative as defined in RA 6713,
of value has been received. [Sibal, Jose even on the occasion of a family
Agaton R., Phil. Legal Encyc., 1986, pp. celebration or national festivity like
829-830]. Christmas, if the value of the gift is
neither nominal nor insignificant, or the
Receipts. Income realized from gift is given in anticipation of, or in
operations and activities of the exchange for, a favor. [Sec. 3, RA
Government or are received by the 6713].
Government in the exercise of its
corporate functions, consisting of Receiving homes. Family-type homes
charges for services rendered, or for which provides temporary shelter from
conveniences furnished, or the price of ten to twenty days for children who

541
shall during this period be under convicted or prior offenses. [Jurists

observation and study for eventual Legal Dict., 2004].
placement by the DSWD. The number of
children in a receiving home shall not at Recidivist. Crim. Law. A person who, at
any time exceed nine: Provided, That no the time of his trial for one crime, shall
more than two of them shall be under have been previously convicted by final
three years of age. [Art. 117, PD 603]. judgment of another crime embraced in
the same title of the Rev. Penal Code.
Reception and study center. An [People v. Kintuan, GR 74100. Dec. 3,
institution that receives for study, 1987; Art. 14, RPC].
diagnosis, and temporary treatment,
children who have behavioral problems Reciprocal contract. See
for the purpose of determining the Synallagmatic contract.
appropriate care for them or
recommending their permanent Reciprocal obligations. Those
treatment or rehabilitation in other child obligations that arise from the same
welfare agencies. [Art. 117, PD 603]. cause, and in which each party is a
debtor and a creditor of the other, such
Recess. 1. As the concept is embraced in that the obligation of one is dependent
the phrase "at attendance in the upon the obligation of the other.
school," it contemplates a situation of [Presbitero v. CA, GR 102432. Jan. 21,
temporary adjournment of school 1993].
activities where the student still remains
within call of his mentor and is not Reciprocal wills. Succ. Wills in which
permitted to leave the school premises, the testators name each other as
or the area within which the school beneficiaries under similar testamentary
activity is conducted. [Salvosa v. IAC, plans. [Jurado, Comments & Jurisp. on
GR L-70458. Oct. 5, 1988]. 2. Pol. Law. Succession, 1991 8th Ed., p. 104, citing
The intervening period between 57 Am. Jur. Sec. 681, p. 459].
adjournment of a regular session of one
hundred days exclusive of Sundays, or Reciprocity rule. Intl. Law. A state only
of a special session which cannot has to respond to a suit brought against
continue longer than thirty days, and it before the International Court of
the convening thereof in regular session Justice to the extent that the state
once every year on the fourth Monday bringing the suit has also accepted the
of [July] or in special session to consider jurisdiction of the Court. [Intl. Law Dict.
general legislation or only such subjects & Direct., 2004].
as he (the President) may designate.
And such intervening period refers to Reckless. Characterized by or
the same congress that had adjourned manifesting lack of caution; rash, utterly
and was to be convened. [Aytona v. heedless. [Morenos Law Dict., 2000 Ed.,
Castillo, GR L-19313. Jan. 19, 1962]. p. 392].
Compare with Adjournment.
Reckless driving. The failure to take
Recidivism. Also Reincidencia. Crim. such precaution or advance measures in
Law. 1. An aggravating circumstance in the performance of an act as the most
which the offender shall have been common prudence would suggest,
previously convicted by final judgment whether injury is caused to persons or
of another crime embraced in the same property. [Morenos Law Dict., 2000 Ed.,
title of the Rev. Penal Code. [People v. p. 392].
Real, GR 93436. Mar. 24, 1995, citing
Art. 14 (9), RPC]. 2. It involves at least Reckless imprudence. 1. It consists in
two convictions and is a form of plurality voluntary, but without malice, doing or
of crimes like reiteracion, habitual falling to do an act from which material
delinquency and quasi-recidivism. damage results by reason of inexcusable
[Gregorio, Fund. of Crim. Law Rev., lack of precaution on the part of the
1997 9th Ed., p. 133]. 3. The continued, person performing of failing to perform
habitual or compulsive commission of such act, taking into consideration his
law violations after first having been employment or occupation, degree of

542
intelligence, physical condition and other Reclusion temporal. The penalty shall
circumstances regarding persons, time be from twelve years and one day to
and place. [Art. 365, RPC]. 2. An act twenty years (of imprisonment). [Art.
from which injury results, which act, had 27, RPC].
it been done with malice, would
constitute a crime. [US v. Manabat, GR Recognition. Civ. Law. The process of
9700. Dec. 3, 1914]. Also Criminal declaring legally that a certain person is
negligence. ones own child. [Morenos Law Dict.,
2000 Ed., p. 393].
Reckless negligence. It consists of the
failure to take such precautions or Recognition. Intl. Law. 1. The act by
advance measures in the performance which a state acknowledges the
of an act as the most common prudence existence of another state, a
would suggest whereby injury is caused government or a belligerent community,
to persons or to property. [US v. Nava, and indicates its willingness to deal with
GR 991. Dec. 19, 1902]. the entity as such under international
law. [Sandoval, Pol. Law Reviewer
Recklessness. A lack of heed or concern 2003]. 2. Formal acknowledgement or
for consequence; especially, foolishly acceptance by a government of the
heedless of danger; headlong; rash; independence and sovereignty of a
desperate; not caring or noting; newly created state or of a newly
neglectful; indifferent. [US v. Aligan, GR established government in another
18606. Aug. 1, 1922]. state, especially one established by
revolution. [Intl. Law Dict. & Direct.,
Reclaimed land. Submerged land which 2004].
by deliberate action of dredging and
filling has emerged to the surface. Such Recognition of belligerency. Intl. Law.
land belongs to the State. [Pea, Phil. The formal acknowledgment by a third
Law on Natural Resources, 1997 Rev. party of the existence of a state of war
Ed., p. 86]. between the central government and a
portion of that state. [Sandoval, Pol.
Reclassification or reallocation. A Law Reviewer 2003].
change in the classification of a position
either as a result of a change in its Recognition of foreign judgments. In
duties and responsibilities sufficient to conflict of laws, the rules and principles
warrant placing the position in a applied by courts in determining
different class, or as result of a whether or not to recognize and enforce
reevaluation of a position without a a judgment rendered by a foreign court
significant change in duties and or an arbitral award rendered by a
responsibilities. [Sec. 3, PD 985]. foreign arbitral tribunal. [Tetley,
Reclusion perpetua. Rem. Law. 1. The
penalty whereby any person sentenced Recognition of government. Intl. Law.
to any of the perpetual penalties shall The free act by which one or several
be pardoned after undergoing the states acknowledge that a person or a
penalty for thirty years, unless such group of persons is capable of binding
person by reason of his conduct or the state which they claim to represent
some other serious cause shall be and witness their intention to enter into
considered by the Chief Executive as relations with them. [Sandoval, Pol. Law
unworthy of pardon. [Art. 27, RPC]. 2. It Reviewer 2003].
entails imprisonment for at least thirty
(30) years after which the convict Recognition of states. Intl. Law. Under
becomes eligible for pardon, it also the minority view (or constitutive
carries with it accessory penalties, school), recognition is the act which
namely; perpetual special constitutes the entity into an
disqualification, etc. It is not the same international person. Such recognition is
as "life imprisonment." [People v. compulsory and legal; it may be
Baguio, GR 76585. Apr. 30, 1991]. compelled once the elements of a state
are established. Under the majority view

543
(or declaratory school), recognition Reconstitution of Torrens

merely affirms an existing fact, like Certificates of Title Law. RA 26
possession by the state of the essential entitled An Act providing a special
elements. It is discretionary and procedure for the reconstitution of
political. [Sandoval, Pol. Law Reviewer torrens certificates of title lost or
2003]. destroyed enacted on Sep. 25, 1946.
Recognizance. 1. An obligation of Reconstruction of a certificate of

record, entered into before some court title. See Reconstitution of a
or magistrate duly authorized to take it, certificate of title.
with the condition to do some particular
act, the most usual condition in criminal Reconveyance, action for. A legal
cases being the appearance of the remedy granted to a rightful owner of
accused for trial. [People v. Abner,. 87 land wrongfully or erroneously
Phil. 566, 569]. 2. An obligation entered registered in the name of another to
into before a court whereby the compel the latter to reconvey the land
recognizor acknowledges that he will do to him. [Esconde v. Barlongay, 152
a specific act required by law. [Glossary SCRA 603 (1987)].
of Legal Terms (Pro-Se), 2004].
Record. 1. All the documents and
Recommend. To present one's advice or evidence plus transcripts of oral
choice as having one's approval or to proceedings in a case. [Glossary of
represent or urge as advisable or Legal Terms (Pro-Se), 2004]. 2. An
expedient. It involves the idea that information written on a tangible
another has the final decision. [Sinon v. medium or stored in an electronic or
CSC, GR 101251. Nov. 5, 1992]. other similar medium, retrievable form.
Compare with Assist. [Sec. 3, RA 9285].
Recommended Dietary Allowances Re-cross-examination. Evid. The re-

(RDA). Levels of nutrient intakes which cross examination of the witness by the
are considered adequate to maintain adverse party, upon the conclusion of
health and provide reasonable levels or the re-direct examination, on matters
reserves in body tissues of nearly all stated in the re-direct examination, and
health persons in the population. [Sec. also on such other matters as may be
3, RA 8976]. allowed by the court in its discretion.
[Sec. 8, Rule 132, RoC]. Compare with
Reconstitution. The restoration of the Re-direct examination.
instrument or title allegedly lost or
destroyed in its original form and Recruitment. Any act of canvassing,
condition. [Anciano v. Caballes, No. L- enlisting, contracting, transporting,
5040, Sep. 29, 1953, 93 Phil 876]. utilizing, hiring or procuring workers,
and includes referrals, contract services,
Reconstitution of a certificate of promising or advertising for
title. Also Reconstruction of a employment, locally or abroad, whether
certificate of title. Within the meaning for profit or not. [People v. Turda, GR
of RA 26, the term denotes restoration 97044-46. July 6, 1994].
of the instrument which is supposed to
have been lost or destroyed in its Recruitment and placement. Any act
original form and condition. [Vda. de of canvassing, enlisting, contracting,
Anciano v. Caballes, 93 Phil. 875]. The transporting, utilizing, hiring or
purpose of the reconstitution of any procuring workers, and includes
document, book or record is to have the referrals, contract services, promising or
same reproduced, after observing the advertising for employment, locally or
procedure prescribed by law, in the abroad, whether for profit or not:
same form they were when the loss or Provided, That any person or entity
destruction occurred. [Bunagan v. which, in any manner, offers or
Branch VI, CFI of Cebu, GR L-29073. promises for a free employment to two
Apr. 18, 1980]. or more persons shall be deemed

544
engaged in recruitment and placement. 22160 & L-22161. Jan. 21, 1974, citing
[Art. 13, LC]. 76 C. J. S. 175].
Recruitment and placement. Any act Redeemable bonds. Corp. Law. Bonds
of canvassing, enlisting, contracting, which give the issuer the right to pay off
transporting, utilizing, hiring or the bonds even before maturity. [Diaz,
procuring workers, and includes Bus. Law Rev., 1991 Ed., p. 269].
referrals, contract services, promising or
advertising for employment, locally or Redeemable security. Any security,
abroad, whether for profit or not: other than short-term paper, under the
Provided, That any person or entity terms of which the holder, upon its
which in any manner, offers or promises presentation to the issuer or to a person
for a fee employment to two or more designated by the issuer, is entitled to
persons shall be deemed engaged in receive approximately his proportionate
recruitment and placement. [Art. 13, share of the issuer's current net assets,
LC]. or the cash equivalent thereof. [Sec. 3,
RA 2629].
Rectifier. Every person who rectifies,
purifies, or refines distilled spirits or Redeemable shares. Corp. Law. Shares
wines by any process other than by which may be issued by the corporation
original and continuous distillation from when expressly so provided in the
mash, wort, wash, sap, or syrup articles of incorporation. They may be
through continuous closed vessels and purchased or taken up by the
pipes until the manufacture thereof is corporation upon the expiration of a
complete. [Sec. 1, PD 426]. fixed period, regardless of the existence
of unrestricted retained earnings in the
Recto Law. Act 4122, now Art. 1484 of books of the corporation, and upon such
the Civil Code, which provides: "In a other terms and conditions as may be
contract of sale of personal property the stated in the articles of incorporation,
price of which is payable in installments, which terms and conditions must also
the vendor may exercise any of the be stated in the certificate of stock
following remedies: (a) Exact fulfillment representing said shares. [Sec. 8, Corp.
of the obligation, should the vendee fail Code].
to pay; (b) cancel the sale, should the
vendee's failure to pay cover two or Redemption. Buying back. When a
more installments; (c) foreclose the vendor later buys the property back. A
chattel mortgage on the thing sold, if right of redemption gives the vendor the
one has been constituted, should the right to buy back the property.
vendee's failure to pay cover two or [Duhaime's Legal Dict., 2004]. See
more installments. In this case, he shall Right of redemption and Equity of
have no further action against the redemption.
purchaser to recover any unpaid balance
of the price. Any agreement to the Redemptioner. A creditor having a lien
contrary shall be void. [Dela Cruz v. by attachment, judgment or mortgage
Asian Consumer, GR 94828. Sep. 18, on the property sold, or on some part
1992]. thereof, subsequent to the judgment
under which the property was sold.
Recuse. The process by which a judge is [Medida v. CA, GR 98334. May 8, 1992].
disqualified from hearing a case, on his
own motion or upon the objection of Redhibitory action. An action to
either party. [Glossary of Legal Terms withdraw from the contract, with
(Pro-Se), 2004]. damages. [Art. 1567, CC].
Reddendo singula singulis. Lat. Redhibitory defect. An imperfection or

Referring each to each. Referring each defect of such nature as to engender a
phrase or expression to its appropriate certain degree of importance. An
object. Let each be put in its proper imperfection or defect of little
place, that is, the words should be taken consequence does not come within the
distributively. [People v. Tamani, GR L-

545
category of being redhibitory. [Moles v. arm of the court. [Glossary of Legal

IAC, GR 73913. Jan. 31, 1989]. Terms (Pro-Se), 2004]. Also called
Commissioner.
Re-direct examination. Evid. 1. The re-
examination of the witness by the party Referee. Also Sentenciador. A person
calling him, after the cross-examination who watches and oversees the proper
has been concluded, to explain or gaffing of fighting cocks, determines the
supplement his answers given during physical condition of fighting cocks while
the cross-examination. [Sec. 7, Rule cockfighting is in progress, the injuries
132, RoC]. 2. Opportunity to present sustained by the cocks and their
rebuttal evidence after one's evidence capability to continue fighting and
has been subjected to cross- decides and make known his decision by
examination. [Glossary of Legal Terms work or gestures and result of the
(Pro-Se), 2004]. Compare with Re- cockfight by announcing the winner or
cross examination. declaring a tie or no contest game. [Sec.
4, PD 449].
Redress. To set right; to remedy; to
compensate; to remove the causes of a Referee in case of need. Nego. Inst. A
grievance. [Glossary of Legal Terms person whose name is inserted by the
(Pro-Se), 2004]. drawer on the bill, to whom the holder
may resort in case the bill is dishonored
Reduction in price. Remedy that allows by non-acceptance or non-payment.
a buyer to pay less for non-conforming [[Diaz, Bus. Law Rev., 1991 Ed., p. 366,
goods in those cases where the buyer is citing Sec. 131, NIL].
not entitled to damages. [Intl. Law Dict.
& Direct., 2000]. Referendum. Pol. Law. 1. The power of
the electorate to approve or reject a
Redundancy. Labor. It exists where the legislation through an election called for
services of an employee are in excess of the purpose. It may be of two classes,
what is reasonably demanded by the namely: (a) Referendum on statutes
actual requirements of the enterprise. which refers to a petition to approve or
[Almodiel v. NLRC, GR 100641. June 14, reject an act or law, or part thereof,
1993]. passed by Congress; and (b)
referendum on local law which refers to
Redundant position. Labor. Where a a petition to approve or reject a law,
position is superfluous, and superfluity resolution or ordinance enacted by
of a position or positions may be the regional assemblies and local legislative
outcome of a number of factors, such as bodies. [Sec. 3, RA 6735]. 2. The right
overhiring of workers, decreased volume reserved to the people to adopt or reject
of business, or dropping of a particular any act or measure which has been
product line or service activity previously passed by a legislative body and which
manufactured or undertaken by the in most cases would without action on
enterprise. The employer has no legal the part of electors become a law.
obligation to keep in its payroll more [Cruz, Phil. Pol. Law, 1991 Ed., p. 169].
employees than are necessary for the Compare with Plebiscite.
operation of its business. [Wiltshire File
Co., Inc. v. NLRC, GR 82249, Feb. 7, Referral selling. The sales device
1991, 193 SCRA 665, 672]. employed by the sellers wherein the
buyer is induced to acquire goods or
Re-export permit. A permit authorizing services by representing that after the
an individual to bring out of the country acquisition of the goods or services, he
a previous imported wildlife. [Sec. 5, RA will receive a rebate, commission or
9147]. other benefit in return for the
submission of names of potential
Referee. Rem. Law. A person to whom customers or otherwise helping the
the court refers a pending case to take seller enter into other sales, if the
testimony, hear the parties, and report receipt of such benefit is contingent on
back to the court. A referee is an officer an event occurring after the sale is
with judicial powers who serves as an made. [Art. 4, RA 7394].

546
Reformation of instruments. That

Refer to drawer. A banking phrase remedy in equity by means of which a
indicating that there was no deposit or written instrument is made or construed
arrangement with the bank for the so as to express or conform to the real
payment of the dishonored check. intention of the parties when some error
[Morenos Law Dict., 2000 Ed., p. 395]. or mistake has been committed. [Veluz
v. Veluz, GR L-23261. July 31, 1968,
Refined gold. Gold that has been citing 53 CJ 906, cited in Padilla's Civil
purified to the fineness acceptable to Code Annotated, Vol. II, p. 431].
the Central Bank (now Bangko Sentral).
[Sec. 1, RA 6364]. Reformation of instruments.
Requisites: (a) There is a valid contract;
Refining. 1. A process where impurities (b) the contract is in writing; and (c) the
and/or deleterious materials are written contract did not express the true
removed from a mixture in order to intention of the parties due to mistake,
produce a pure element of compound. it fraud, inequitable conduct or accident
shall also refer to partial distillation and [Art. 1359, CC].
electrolysis. [Sec. 3, PD 1185]. 2. The
processing or treating of petroleum by Refresher. Process of further training in
chemical or physical means for the work currently performed in order to
purpose of making or separating improve job performance. This also
marketable products; not including, refers to training to regain skills and
however, such operations, separate knowledge which may have been partly
from the foregoing, as gas compression, forgotten as a result of length
removal of noxious gases, crude oil interruptions in the performance of an
stabilization or treatment for emulsion, occupation. [Sec. 1, Rule 1, Book 2, IRR
or any other operation which has as its of LC].
principal aim the avoidance of hazard or
loss, or which is incidental to production Refrigerating and cold storage
or to transportation. [Sec. 74, RA 387]. plants. 1. A set of refrigerating
machinery housed in a building with
Refining concession. A concession cold storage compartments, for making
which grants to the concessionaire the ice and freezing and storing fish and
right to manufacture or refine fishery/aquatic products exclusively for
petroleum, or to extract its derivatives. the fishery industry. [Sec. 3, PD 704]. 2.
[Art. 10, RA 387]. A set of refrigerating machineries
housed in a building with cold storage
Reformation. That remedy in equity by fish and other perishable commodities.
means of which a written instrument is [Sec. 3, PD 43].
made or construed so as to express or
conform to the real intention of the Refrigeration equipment. Gas, solar or
parties. [NIA v. Gamit, GR 85869. Nov. electrically operated machines for the
6, 1992]. control of medium and low temperature
such as conventional and frost-free
Reformation of a contract. As household and commercial refrigerators
enumerated in Art. 1359 of the Civil and freezers; beverage coolers, water
Code, its requisites are: (a) There must coolers, ice cream, ice drop and ice
have been a meeting of the minds to a cube making machines and vendo
contract; (b) the instrument or machines; cold storage, brine tanks,
document evidencing the contract does brine and storage coils; sealed, semi-
not express the true intention of the seal and open type refrigeration
parties; and (c) the failure of the compressors. [Sec. 1, PD 1572].
instrument to express the true intention
of the parties must be due to mistake, Refugee. Intl. Law. Any person who is
fraud inequitable conduct or accident. outside the country of his nationality, or
[Mata v. CA, GR 87880, Apr. 7, 1992, if he has no nationality, the country of
citing Tan Sua Sia v. Yu Baio Sontua, 56 his former habitual residence, because
Phil. 711]. he has had or had well-grounded fear of
persecution by reason of his race,

547
religion, nationality or political opinion [Coronado v. Sandiganbayan, GR 94955.

and is unable or, because of such fear, Aug. 18, 1993].
is unwilling to avail himself of the
protection of the government of the Regalian doctrine. 1. All lands not
country of his nationality, or, if he has otherwise clearly appearing to be
no nationality, to return to the country privately-owned are presumed to belong
of his former habitual residence. to the State. Forest lands, like mineral
[Sandoval, Pol. Law Reviewer 2003]. or timber lands which are public lands,
are not subject to private ownership
Refusal of assistance. Crim. Law. The unless they under the Constitution,
felony committed by a public officer become private properties. In the
who, upon demand from competent absence of such classification, the land
authority, shall fail to lend his remains unclassified public land until
cooperation towards the administration released therefrom and rendered open
of justice or other public service, if such to disposition. [Dir. of Lands v. IAC, GR
failure shall result in serious damage to 73246. Mar. 2, 1993, 219 SCRA 339]. 2.
the public interest, or to a third party. The doctrine that holds that all lands of
[Art. 233, RPC]. the public domain are owned by the
State, [Sec. 2. Art. XII, 1987 Const.]
Refusal to discharge elective office. and that the State is the source of any
Crim. Law. The felony committed by any asserted right to ownership in land and
person who, having been elected by charged with the conservation of such
popular election to a public office, shall patrimony. [Rep. v. CA, 89 SCRA 648
refuse without legal motive to be sworn (1979)].
in or to discharge the duties of said
office. [Art. 234, RPC]. Regalian theory. A doctrine which
states that all lands in the Philippines
Refuse. 1. Garbage, waste, wood are presumed to belong to the
residues, sand, lime cinders ashes, offal, government, and anyone who claims
nightsoil, tar, dye staffs, acids, ownership or title to a land must
chemicals and substances other than positively establish that he acquired the
sewage and industrial wastes that may same by any of the modes allowed by
cause pollution. [Sec. 3, PD 979]. 2. An law, or that he and his predecessors-in-
inclusive term for all solid waste interest have been in possession of the
products consisting of garbage, rubbish, land since time immemorial. [Morenos
ashes, night soil, manure, dead animals, Law Dict., 2000 Ed., p. 396].
street sweepings and industrial wastes.
[Sec. 81, PD 856]. Regional language. The lingua franca
or the commonly spoken language of a
Refusing to act within a reasonable region. [Sec. 3, RA 7104].
time on any matter before public
officer for some pecuniary or Regional party. A party the constituency
material benefit. The elements of Sec. of which is spread over the geographical
3(f) of the Anti-Graft and Corrupt territory of at least a majority of the
Practices (RA 3019) are that: (a) The cities and provinces comprising the
offender is a public officer; (b) the said region. [Sec. 3, RA 7941].
officer has neglected or has refused to
act without sufficient justification after Region of war. Intl. Law. The place
due demand or request has been made where the belligerents may lawfully
on him; (c) reasonable time has elapsed engage each other, as distinguished
from such demand or request without from the theater of war. [Cruz, Intl. Law
the public officer having acted on the Reviewer, 1996 Ed., pp. 138-139].
matter pending before him; and (d)
such failure to so act is for the purpose Registered bond. Corp. Law. One which
of obtaining, directly or indirectly, from is payable only to the person whose
any person interested in the matter name appears on the face of the bond
some pecuniary or material benefit or certificate and in the bond register of
advantage in favor of an interested the company; hence, it is not
party, or discriminating against another. negotiable. It is, however, transferable,

548
and the transfer of a registered bond is proposing to engage in rendering

possible only by recording the transfer services to foreign tourists and travelers
on the transfer books of the company covered by the Tourism Priorities Plan
and registering the name of the new and subject to the guidelines prepared
owner, [Martin, Commentaries and by the DOT. [Sec. 38, PD 564; Sec. 1,
Jurisp. on Comml. Laws, Vol. 1, 1988 PD 534].
Rev. Ed., p. 69].
Registered voter. Elec. Law. One who is
Registered enterprises. Any individual, duly registered in the list of voters
partnership, cooperative, corporation or because he possesses the qualifications
other entity incorporated and/or for suffrage. [Suarez, Pol. Law
organized and existing under Philippine Reviewer, 1st Ed., 2002, p. 309].
laws; and registered with the Board of
Investments. [Art. 11, EO 226 (1987)]. Register of Deeds, Office of the. 1. A
public depository of records of public
Registered export producer. Any documents affecting the title to lands in
person, corporation, partnership, or the province or in the city where the
other entity doing business in the lands are located. [Tolentino, Civil Code
Philippines, (a) registered with Philippine of the Phil., Vol. II, Repr. 2001, p. 436,
Export Councils; (b) engaged in the citing Sec. 193, Admin. Code]. 2. The
manufacture, production or processing office where the inscription or
of articles or products for export in annotation of acts and contracts relating
commercial quantity; and (c) directly to ownership and other rights over real
exporting its products, or selling them property are recorded. [Torres, Oblig. &
(1) to a registered export trader that Cont., 2000 Ed., p. 354].
subsequently exports the said products,
or (2) to another export producer who Registration. A ministerial act by which
utilizes said products as direct materials a deed, contract, or instrument is
or input in product subsequently sought to be inscribed in the records of
manufactured or processed by them and the Office of the Register of Deeds and
thereafter exported or (3) to foreign annotated at the back of the Certificate
tourists, when paid for in acceptable of title covering the land subject of the
foreign currency and actually brought deed, contract or instrument. Its
out of the Philippines by the buyers purpose is to give notice thereof to all
upon their departure. [Sec. 187, NIRC, persons (Sec. 51, Act 496) and does not
as amended]. declare that the recorded instrument is
a valid and subsisting interest in the
Registered export trader. Any person, land. This is so because the effect or
corporation, partnership or other entity validity of the instrument can only be
doing business in the Philippines (a) determined in an ordinary case before
registered with the Philippine Export the courts, not before a court acting
Council; and (b) who is engaged in the merely as a registration court which has
buying of Philippine-made products and no jurisdiction over the same. [Seton v.
subsequently exporting the same. [Sec. Rodriguez, GR L-16285. Dec. 29, 1960].
187, NIRC, as amended].
Registration of agreement. Labor. The
Registered mark. Trademark with the filing of the collective bargaining
words "Registered in the Philippines agreement with the Regional Office or
Patent Office" or "Reg. Phil. Pat. Off." or the Bureau of Labor Relations
the letter "R" enclosed within a circle. accompanied by verified proof of
[RA 166]. posting and ratification and payment of
fee. [Sec. 1, Rule 1, Book 5, IRR of LC].
Registered tourism enterprise. A
person, corporation, partnership or Registration (of voters). Elec. Law. A
other entity organized and existing method of proof, prescribed for
under the Philippine Constitution ascertaining who are qualified to cast
registered with the Philippine Tourism votes. [Suarez, Pol. Law Reviewer, 1st
Authority in accordance with and as Ed., 2002, p. 309, citing People v.
defined by PD 535, and engaged in or Carleton, 41 Miss. 523].

549
Regular employment. Employment

Registration proceedings. Labor. where the employee has been engaged
Proceedings involving the application for to perform activities which are usually
registration of labor organizations. [Sec. necessary or desirable in the usual
1, Rule 1, Book 5, IRR of LC]. business or trade of the employer,
except where the employment has been
Registration statement. The fixed for a specific project or
application for the registration of undertaking the completion or
securities required to be filed with the termination of which has been
Tariff Commission. [Sec. 3, RA 8799]. determined at the time of the
engagement of the employee or where
Registry of property. An institution of the work or services to be performed is
the State which publishes the juridical seasonal in nature and the employment
situation and vicissitudes of real is for the duration of the season. [Art.
properties and real rights therein, 280, CC]. Compare with Casual
showing thereby the acts relative to said employment.
properties. [Tolentino, Civil Code of the
Phil., Vol. II, Repr. 2001, p. 449, citing Regular farmworker. A natural person
Ventura, Land Registration and who is employed on a permanent basis
Mortgages, p. 39]. by an agricultural enterprise or farm.
[Sec. 3, RA 6657].
Regressive tax. Tax the rate of which
decreases as the tax base or bracket Regulate. The term includes the power
increases. (There is no such tax in the to control, to govern, and to restrain;
Philippines.) [De Leon, Fundamentals of but it should not be construed as
Taxation, 2000 Ed., p. 15]. synonymous with 'suppress' or 'prohibit.
[Samson v. City Mayor of Bacolod, GR L-
Regular. Steady or uniform in course, 28745. Oct. 23, 1974].
practice, or occurrence, as opposed to
casual or occasional. [Rep. v. Asuncion, Regulated drug. This includes self-
GR 108208. Mar. 11, 1994, citing Black's inducing sedatives, such as secobarbital,
Law Dict. 1285 (6th Ed., 1990)]. phenobarbital, pentobarbital, barbital,
amobarbital and any other drug which
Regular appointment. An appointment contains a salt or a derivative of a salt
made by the President while Congress is of barbituric acid; any salt, isomer or
in session. It takes effect only after salt of an isomer, of amphetamine, such
confirmation by the Commission on as benzedrine or dexedrine, or any drug
Appointments. Once the same is which produces a physiological action
approved, it continues until the end of similar to amphetamine; and hypnotic
the term of the appointee. [Suarez, Pol. drugs, such as methaqualone or any
Law Reviewer, 1st Ed., 2002, p. 393]. other compound producing similar
Compare with Ad interim physiological effects. [Sec. 2, RA 6425].
appointment.
Regulatory agency. Any agency
Regular employee. An employee who expressly vested with jurisdiction to
has been performing the job for at least regulate, administer or adjudicate
one year, even if the performance is not matters affecting substantial rights and
continuous or merely intermittent. The interests of private persons, the
law deems the repeated and continuing principal powers of which are exercised
need for its performance as sufficient by a collective body, such as a
evidence of the necessity if not commission, board or council. [Sec. 2,
indispensability of that activity to the Admin. Code of 1987].
business. Hence, the employment is also
considered regular, but only with Rehabilitate-operate-and-transfer. A
respect to such activity and while such contractual arrangement whereby an
activity exists. [De Leon v. NLRC, GR existing facility is turned over to the
70705. Aug. 21, 1989]. private sector to refurbish, operate and
maintain for a franchise period, at the
expiry of which the legal title to the

550
facility is turned over to the drug-free, adapted to their families and

government. The term is also used to peers, and readjusted into the
describe the purchase of an existing community as law-abiding, useful and
facility from abroad, importing, productive citizens. [Sec. 1, RA 9241].
refurbishing, erecting and consuming it 2. Child and Youth Welfare Law. An
within the host country. [Sec. 2, RA institution that receives and rehabilitates
7718]. youthful offenders or other disturbed
children. [Art. 117, PD 603]. 3. An
Rehabilitate-own-and-operate. A organized service of varied rehabilitation
contractual arrangement where-by an measures usually located in one site for
existing facility is turned over to the the rehabilitation of disabled individuals.
private sector to refurbish and operate [Sec. 1, Rule 9, Rules on Employees
with no time limitation imposed on Compensation].
ownership. As long as the operator is
not in violation of its franchise, it can Rehabilitation facility. An organized
continue to operate the facility in service offering one or more types of
perpetuity. [Sec. 2, RA 7718]. service for the rehabilitation of the
handicapped individual. [Sec. 1, Rule 9,
Rehabilitation. 1. An integrated Rules on Employees Compensation].
approach to physical, social, cultural,
spiritual, educational and vocational Rehabilitation medicine. At the patient
measures that create conditions for the level, the clinical management of the
individual to attain the highest possible problems associated with disability, with
level of functional ability. [Sec. 4, RA the objective of improving to the
7277]. 2. The restoration of the disabled maximum level the physical, socio-
or handicapped to the fullest physical, economic and physiological functioning
mental, social and economic usefulness of a disabled individual. Medical
of which he is capable with in the rehabilitation is an integrated part of the
limitations of the disability or handicap. total medical care. Total rehabilitation is
[Sec. 11, PD 1509]. 3. The process by best achieved through the coordinated
which there is provided a balanced work of various health disciplines like
program of remedial treatment, medicine, psychology, social work,
vocational assessment and preparation physical therapy, occupational therapy,
designed to meet the individual needs of speech and hearing, nursing, vocational
each handicapped employee to restore evaluation, dietetics, and special
him to suitable employment, including education. [Sec. 2, RA 5680].
assistance as may be within its
resources to help each rehabilitee to Rehabilitation receivership. Corp.
develop his mental, vocational or social Law. The placement of a distressed
potential. [Sec. 1, Rule 9, Rules on company under rehabilitation, followed
Employees Compensation]. 4. Corp. by the appointment of a management
Law. It contemplates a continuance of which shall hold in trust all assets of a
corporate life and activities in an effort corporation under rehabilitation
to restore and reinstate the corporation receivership for the equal benefit of all
to its former position of successful creditors to preclude one from obtaining
operation and solvency. [Ruby Industrial an advantage or preference over
Corp. v. CA, GR 124185-87. Jan. 20, another by the expediency of
1998]. attachment, execution or otherwise.
Rehabilitation center. 1. Health Ins. A 2001-2006].
facility, which undertakes rehabilitation
of drug dependents. It includes Rehabilitee. A disabled individual
institutions, agencies and the like which undergoing rehabilitation (student-
have for their purpose, the development rehabilitee or trainee) or who has
of skills, or which provides counseling, finished a prescribed course in
or which seeks to inculcate, social and rehabilitation in which he is known as a
moral values to clientele who have a graduate-rehabilitee or trainee. [Sec. 1,
drug problem with the pain of weaning Rule 9, Rules on Employees
them from drugs and making them Compensation].

551
payment in case of loss would seriously

Rehearing. Another hearing of a civil or cripple and endanger the solvency of
criminal case by the same court in which the original insurer. [Tiopianco,
the case was originally heard. [Glossary Commentaries & Jurisp. on the Ins.
of Legal Terms (Pro-Se), 2004]. Code of the Phil., 1999 Ed., p. 97]. 3.
The insuring of a risk or part of a risk,
Reincidencia. See Recidivism. by the principal insurer with another
insurer known as the reinsurer. In other
Reincorporation. Corp. Law. The taking words, it is insurance of all or part of
out of a new charter by a corporation in one insurer's risk by a second insurer,
order to correct errors or defects in the who accepts the risk in exchange for a
original incorporation, or to enlarge the percentage of the original premium.
powers or limit the liabilities of the [Tetley, Glossary of Conflict of Laws,
corporation, or to lengthen or revive the 2004]. Compare with Co-insurance.
corporate life. It is an amendment of
the charter, and generally, under the Reinsurance treaty. It is merely an
statutes, there is no new corporation agreement between two insurance
but the company is the same before companies whereby one agrees to cede
reincorporation. [Morenos Law Dict., and the other to accept reinsurance
2000 Ed., p. 398]. business pursuant to provisions
specified in the treaty. [Phil. Amer. Life
Reinstate. Admin. Law. To restore to a Ins. Co. v. Auditor Gen., GR L-19255.
state, condition, position, etc. from Jan. 18, 1968, citing Pioneer Life Ins.
which one had been removed. [Globe- Co. v. Alliance Life Ins. Co., 30 N.E. 2d
Mackay Cable and Radio Corp. v. NLRC, 66, 72].
GR 82511. Mar., 1992].
Reiteracion. Also Habituality. An
Reinstatement. Admin. Law. 1. The aggravating circumstance in which the
reappointment of a person who was offender shall have been punished
previously separated from the service previously for an offense to which the
through no delinquency or misconduct law attaches an equal or greater penalty
on his part from a position in the career or for two or more crimes to which it
service to which he was permanently attaches a lighter penalty. [People v.
appointed, to a position for which he is Real, GR 93436. Mar. 24, 1995, citing
qualified. [CSC Rules on Personnel Art. 14 (10), RPC].
Actions and Policies, Nov. 10, 1975]. 2.
Restoration to a state or condition from Rejoinder. 1. The second pleading on
which one had been removed or the part of the defendant, being his
separated. [Grolier Intl. v. Amansec, GR answer to the plaintiffs replication (or
83523. Aug. 31, 1989]. reply). [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 669]. 2. Opportunity for the
Reinsurance broker. One who, for side that opened the case to offer
compensation, not being a duly limited response to evidence presented
authorized agent, employee or officer of during the rebuttal by the opposing
an insurer in which any reinsurance is side. [Glossary of Legal Terms (Pro-Se),
effected, act or aids in any manner in 2004]. See Rebuttal.
negotiating contracts of reinsurance, or
placing risks of effecting reinsurance, for Related theoretical instructions.
any insurance company authorized to do Technical information based on
business in the Philippines. [Sec. 310, apprenticeship standards approved by
Ins. Code]. the Bureau of Apprenticeship designed
to provide the apprentice theoretical
Reinsurance contract. 1. A contract by competence in his trade. [Sec. 2, Rule 6,
which an insurer procures a third person Book 3, IRR of LC].
to insure him against loss or liability by
reason of such original insurance. [Sec. Relations back doctrine. See Doctrine
95, IC]. 2. It is for the purpose of of relations.
distributing or relieving the insurer of a
risk that is deemed so large that a

552
Relationship proximity. This is Relief. 1. Rem. Law. The redress sought

determined by the number of or prayed for by the plaintiff. [Bachrach
generations. Each generation forms a v. Icaringal, 68 Phil. 287]. Compare with
degree. [Art. 963, CC]. Remedy. 2. Admin. Law. The whole or
part of any grant of money, assistance,
Relative poverty. The gap between the license, authority, privilege, exemption,
rich and the poor. [Sec. 3, RA 8425]. exception, or remedy; recognition of any
claim, right, immunity, privilege,
Relatives. Any and all persons related to exemption or exception; or taking of
a public official or employee within the any action upon the application or
fourth civil degree of consanguinity or petition of any person. [Sec. 2, Chap. 1,
affinity, including bilas, inso and balae. Book VII, EO 292].
[Sec. 3, RA 6713].
Relief from judgment, petition for.
Relative simulation of a contract. It See Petition for relief from
takes place when the parties conceal judgment.
their true agreement. [Art. 1345, CC]. A
relative simulation, when it does not Religion. 1. Any specific system of belief,
prejudice a third person and is not worship, conduct, etc., often involving a
intended for any purpose contrary to code of ethics and a philosophy. [Cruz,
law, morals, good customs, public order Constl. Law, 1998 Ed., p. 171, citing
or public policy binds the parties to their Websters New World Dict., p. 1228]. 2.
real agreement. [Art. 1346, CC]. A profession of faith to an active power
that binds and elevates man to his
Relativity of contracts. 1. The principle Creator. [Aglipay v. Ruiz, 64 Phil. 201].
of Civil Law that a contract can only
bind the parties who had entered into it Religious profession and worship,
or their successors who have assumed right to. It has a two-fold aspect, viz:
their personality or their judicial freedom to believe and freedom to act
position, and that, as a consequence, on one's beliefs. The first is absolute as
such contract can neither favor nor long as the belief is confined within the
prejudice a third person. 2. Contracts realm of thought. The second is subject
take effect only between the parties, to regulation where the belief is
their assigns and heirs, except in case translated into external acts that affect
where the rights and obligations arising the public welfare. [Cruz, Constl. Law,
from the contract are not transmissible 1998 Ed., p. 181, citing Cantwell v.
by their nature, or by stipulation or by Connecticut, 54 LW 4298 (1986)].
provision of law. [Art. 1311, CC].
Remaining economic life. The period
Relator. An informer; a person who has of time (years) from the date of
supplied the facts required for a criminal appraisal to the date when the
prosecution or a civil suit. [Duhaime's machinery becomes valueless. [Sec. 3,
Legal Dict., 2004]. PD 464].
Relevant evidence. Evidence which has Remaining value. The value

a relation to the fact in issue as to corresponding to the remaining useful
induce belief in its existence or non- life of the machinery. [Sec. 3, PD 464].
existence. [Claridades, A., Compilation
of Notes, 2001-2006]. Remains. The body of a dead person.
[Sec. 89, PD 856].
Relics. Cultural properties which, either
as a whole or in fragments, are left Remand. 1. To send a dispute back to
behind after the destruction or decay of the court where it was originally heard.
the rest of its parts and which are Usually, it is an appellate court that
intimately associated with important remands a case for proceedings in the
beliefs, practices, customs and trial court consistent with the appellate
traditions, periods and personages. court's ruling. [Glossary of Legal Terms
[Sec. 3, RA 4846]. (Pro-Se), 2004]. 2. To send back. The
sending by the appellate court of the

553
cause back to the same court out of contract worker or seaman to any
which it came, for purpose of having beneficiary in the Philippines through
some further action taken on it there. the Philippine banking system. [Sec. 1,
[Blacks Law Dict., Abr. 5th Ed. (1983), Rule 1, IRR of LC].
p. 672].
Remitted. Forwarded, sent, or
Remedial or adjective law. That transmitted. [Bank of America NT & SA
branch of law which prescribes the v. CA, GR 103092. July 21, 1994].
method of enforcing rights or obtains
redress for their invasion. [Bustos v. Remittitur. The remand of the record to
Lucero, GR L-2068. Oct. 20, 1948]. the lower court. [Sebastian Enterprises
Compare with Substantive law. v. CA, GR L-41862. Feb. 7, 1992].
Remedial statute. 1. A statute that does Remodeling. The introduction of some

not create new rights or take away changes in the shape or form of the
rights that are already vested. It only body of the motor vehicle. [Sec. 2, RA
operates in furtherance of a remedy or 6539].
confirmation of rights already in
existence. It does not come within the Removal. The term imports the
legal purview of a prospective law. As separation of the incumbent before the
such, it can be applied retroactively expiration of his term (which) is allowed
independent of the general rule against by the Constitution only when it is for
the retrospective application of statutes. cause as provided by law. [Achacoso v.
[Casabar v. Sino Cruz, GR L-6882, Dec. Macaraig, GR 93023. Mar.13, 1991].
29, 1954]. 2. Being procedural in
nature, it shall apply to all actions Removal, sale or pledge of
pending at the time of its enactment mortgaged property. Crim. Law. The
except only with respect to those cases felony committed by any person who
which had already attained the shall knowingly remove any personal
character of a final and executory property mortgaged under the Chattel
judgment. [People v. Sumilang, 77 Phil Mortgage Law to any province or city
764 (1946); Mun. Govt. of Coron, other than the one in which it was
Palawan v. Cario, 154 SCRA 216 located at the time of the execution of
(1987)]. See Curative statutes. the mortgage, without the written
consent of the mortgagee, or his
Remedy. 1. Legal or judicial means by executors, administrators or assigns, or
which a right or privilege is enforced or by any mortgagor who shall sell or
the violation of a right or privilege is pledge personal property already
prevented, redressed, or compensated. pledged, or any part thereof, under the
[Glossary of Legal Terms (Pro-Se), terms of the Chattel Mortgage Law,
2004]. 2. The means by which a right is without the consent of the mortgagee
enforced or the violation of a right is written on the back of the mortgage and
prevented, redressed, or compensated. noted on the record hereof in the office
[Blacks Law Dict., Abr. 5th Ed. (1983), of the Register of Deeds of the province
p. 672]. Compare with Relief. where such property is located. [Art.
319, RPC].
Remission. See Condonation.
Remuneratory contract. A con-tract
Remission. Requisites. For remission to the cause of which is the service or
result in the total or partial benefit to be remunerated. [Art. 1350,
extinguishment of the obligation, the CC].
following requisites must concur: (a) It
must be gratuitous; (b) it must be Remuneratory donation. One where
accepted by the obligor; and (c) the the donee gives something to reward
obligation must be demandable. past or future services or because of
[Morenos Law Dict., 2000 Ed., p. 400]. future charges or burdens, when the
value of said services, burdens or
Remittance. The amount of the foreign charges is less than the value of the
exchange earnings remitted by a donation. [De Luna v. Abrigo, GR

554
57455. Jan. 18, 1990]. Compare with use of dwelling units or land on which
Simple donation or Onerous another's dwelling is located whether
donation. payment is made on a fifteen-day,
monthly or other basis. [Sec. 2, RA
Rendition of judgment. The filing of 6359; Sec. 2, RA 6126].
the signed decision with the clerk of
court, and not the pronouncement of Rent Control Law. BP 877 entitled An
the judgment in open court. Before such Act providing for the stabilization and
filing, the decision may still be subject regulation of, rentals of certain
to amendment and change and may not residential units for other purposes
yet be considered effective and binding. enacted on June 12, 1985.
[Ago v. CA, GR L-17898. Oct. 31, 1962].
Compare with Promulgation. Renunciation. Nego. Inst. The act of
surrendering a right or claim without
Renew. To make new again; to restore recompense, but it can be applied with
to freshness; to make new spiritually; to equal propriety to the relinquishing of a
regenerate; to begin again; to demand upon an agreement supported
recommence; to resume; to restore to by a consideration. [Claridades, A.,
existence; to revive; to re-establish; to Compilation of Notes, 2001-2006].
recreate; to replace; to grant or obtain
an extension of. [Alhambra Cigar v. SEC, Renvoi doctrine. Reference back. 1. The
GR L-23606. July 29, 1968, citing doctrine holding that court of the forum,
Webster's New Intl. Dict.]. in determining the question before it,
must take into account the whole law of
Renewable energy resources. Energy the other jurisdiction, but also its rules
resources that do not have an upper as to conflict of laws, and then apply the
limit on the total quantity to be used. law to the actual question which the
Such resources are renewable on a rules of the other jurisdiction prescribe.
regular basis and the renewable rate is This may be the law of the forum. [In
rapid enough to consider availability re: Aznar v. Christensen, GR L-16749.
over an indefinite time. These include, Jan. 31, 1963, citing 2 Am. Jur. 296]. 2.
among others, biomass, solar, wind, The application of the conflict rules of
hydro and ocean energy. [Sec. 4, RA one state by the court or tribunal of
9136]. another state, in order to solve a conflict
of laws problem. [Tetley, Glossary of
Renovation. Any physical change made Conflict of Laws, 2004].
on a building or structure to increase its
value, utility and/or to improve its Reorganization. 1. Admin. Law. A
aesthetic quality. [Morenos Law Dict., recognized valid ground for separation
2000 Ed., p. 401]. of civil service employees, subject only
to the condition that it be done in good
Rent. The consideration paid by a tenant faith. [Domingo v. DBP, 207 SCRA 766].
to a landlord in exchange for the 2. Corp Law. (a) A reorganization under
exclusive use and enjoyment of land, a the supervision of a court of competent
building or a part of a building. Under jurisdiction; (b) a merger or
normal circumstances, the rent is paid in consolidation; (c) a sale of seventy-five
money and at regular intervals, such as per centum or more in value of the
the first of every month. The word has assets of a company; (d) a restatement
also come to be used as a verb as in to of the capital of a company, or an
rent an apartment, although the proper exchange of securities issued by a
legal term would be to lease an company for any of its own outstanding
apartment. [Duhaime's Legal Dict., securities; (e) a voluntary dissolution or
2004]. liquidation of a company; (f) a
recapitalization or other procedure or
Rental. 1. The amount paid for the use transaction which has for its purpose
or occupancy of a residential unit the alteration, modification, or
whether payment is made on a monthly elimination of any of the rights,
or other basis. [Sec. 2, BP 877; Sec.4, preferences, or privileges of any class of
RA 9161]. 2. The amount paid for the securities issued by a company, as

555
provided in its charter or other or to another. [Blacks Law Dict., Abr.

instrument creating or defining such 5th Ed. (1983), p. 674].
rights, preferences, and privileges; (g)
an exchange of securities issued by Repatriation. Regaining nationality after
another company or companies, expatriation. The return to ones own
preliminary to and for the purpose of country of investments held by
effecting or consummating any of the foreigners. [Blacks Law Dict., Abr. 5th
foregoing; or (h) any exchange of Ed. (1983), p. 675].
securities by a company which is not an
investment company for securities Repatriation guarantee. Intl. Law. The
issued by a registered investment assurance of a host state government
company. [Sec. 3, RA 2629]. that foreign investors will be able to
take out of the state both the
Reorganization in good faith. A investment capital they brought in and
reorganization designed to trim the fat the profits they earned. [Intl. Law Dict.
off the bureaucracy and institute & Direct., 2000].
economy and greater efficiency in its
operation. It is not a mere tool of the Repealing clause. That part of the
spoils system to change the face of the statute which announces the legislative
bureaucracy and destroy the livelihood intent to terminate or revoke another
of hordes of career employees in the statute or statutes. [Suarez, Stat. Con.,
civil service so that the new-powers- (1993), p. 50].
that-be may put their own people in
control of the machinery of government. Repeat order. A form of negotiated
[Blaquera v. CSC, GR 103121. Sep. 10, purchase whereby a local government
1993]. unit buys from the same supplier, the
same items at the same terms and
Repacker of wines or distilled spirits. conditions as the original purchase
All persons who remove wine or distilled within three (3) months therefrom. [IRR
spirits from the original container for on Supply & Prop. Mgt., per Sec. 383,
repacking and selling the same at LGC].
wholesale. [Sec. 1, PD 426].
Replacement check. A check drawn as
Repainting. Changing the color of a payment of an obligation which was not
motor vehicle by means of painting. satisfied or covered by the first check
There is repainting whenever the new earlier issued and which was dishonored
color of a motor vehicle is different from by the drawee bank. [Morenos Law
its color as registered in the Land Dict., 2000 Ed., p. 401].
Transportation (Office). [Sec. 2, RA
6539]. Replacement or reproduction cost.
The cost that would be incurred on the
Repair. The term presupposes decay, basis of current prices, in acquiring an
dilapidation, injury, or partial destruction equally desirable substitute property, or
of the repaired element; that is, bringing the cost of reproducing a new replica
back broken or damaged parts of a property on the basis of current prices
structural whole to their original with the same or closely similar
condition [Chao v. Aguilar, 103 Phil., material. [Sec. 3, PD 464]. See
219; 54 Off. Gaz. (30) 7225]. Appraisal value.
Repair and service firm. Any business Replevin. Also Delivery of personal
establishment, engaged directly or property. 1. An action for the recovery
indirectly, in the repair, service or of a possession that has been
maintenance of any consumer product. wrongfully taken. [Jurists Legal Dict.,
[Art. 4, RA 7394]. 2004]. 2. A provisional remedy in the
form of an order issued by a judge
Reparation. Payment or otherwise before whom an action praying for the
making amends for an injury or recovery of possession of personal
damages that have been committed on property is pending, for the delivery of
such property to the movant upon the

556
filing by the latter of a bond to represented, and acquires the rights

guarantee its return or to answer for which the latter would have if he were
damages. 3. Broadly understood, it is living or if he could have inherited. [Art.
both a form of principal remedy and of a 970, CC]. 2. The right of representation
provisional relief. It may refer either to takes place in the direct descending line,
the action itself, i.e., to regain the but never in the ascending. In the
possession of personal chattels being collateral line, it takes place only in
wrongfully detained from the plaintiff by favor of the children of brothers or
another, or to the provisional remedy sisters, whether they be of the full or
that would allow the plaintiff to retain half blood. [Art. 972, CC].
the thing during the pendency of the
action and hold it pendente lite. [Tillson Representations. Ins. Statements made
v. CA, 197 SCRA 587, 598; Bouvier's to give information to the insurer and
Dict. 3rd (Rawle's) Rev., Vol. 2; Black's other wise induce him to enter into the
Law Dict., 6th Ed., p. 1299]. insurance contract. [Tiopianco,
Commentaries and Jurisp. on the Ins.
Replevy. To re-deliver goods which have Code of the Phil., 1999 Ed., p. 46, citing
been distrained to the original possessor Vance, p. 386].
of them, on his giving pledges in an
action of replevin. [Tillson v. CA, GR Representative. A person who
89870. May 28, 1991, citing Bouvier's represents or stands in the place of
Dict. 3rd (Rawle's) Rev., Vol. 2]. another; one who represents others or
another in a special capacity, as an
Replication. The process of agent, and is interchangeable with
manufacturing optical media by agent." [Fortune Ins. v. CA, GR
reproducing or generating copies of the 115278. May 23, 1995, Black's Law
stamper in an injection molding machine Dict., 5th Ed., 1170].
or other forms of replicating equipment.
[Sec. 3, RA 9239]. Representative party. Someone acting
in a fiduciary capacity. He may be a
Reply. Rem. Law. 1. A pleading, the trustee, guardian, executor or
office or function of which is to deny, or administrator, or a party authorized by
allege facts in denial or avoidance of law or the Rules of Court. An agent
new matters alleged by way of defense acting in his own name and for the
in the answer and thereby join or make benefit of an undisclosed principal who
issue as to such new matters. If a party may sue or be sued without joining the
does not file such reply, all the new principal except when the contract
matters alleged in the answer are involves things belonging to the
deemed controverted. [Sec. 11, Rule 6, principal. [Sec. 3, Rule 3, RoC].
RoC]. 2. The response by a party to
charges raised in a pleading by the Representative suit. The term is akin to
other party. [Glossary of Legal Terms a class suit in the limited sense that the
(Pro-Se), 2004]. phrases found in Sec. 12 of Rule 3 (of
the Rules of Court), "one or more may
Representation officer. 1. A person sue or defend for the benefit of all," and
duly authorized to conduct and "the parties actually before it are
supervise certification elections. [Sec. 1, sufficiently numerous and
Rule 1, Book 5, IRR of LC]. 2. A person representative," are similar to the
duly authorized to conduct and phrase "may sue or be sued without
supervise certification elections in joining the party for whose benefit the
accordance with Rule VI of the action is presented or defended" found
Implementing Rules of the Labor Code. in Sec. 3 of the same Rule. In other
[Algire v. De Mesa, GR 97622. Oct. 19, words, both suits are always filed in
1994]. behalf of another or others. That is why
the two terms are sometimes used
Representation right. Succ. 1. A right interchangeably. [Liana's Supermarket
created by fiction of law, by virtue of v. NLRC, GR 111014. May 31, 1996].
which the representative is raised to the
place and the degree of the person

557
Reprieve. The temporary suspension of Republican government. Pol. Law. A

the execution of a sentence, especially government which is run by the people
of a sentence of death. [Llamas v. through their chosen representatives
Orbos, GR 99031. Oct. 15, 1991]. who, in turn, are accountable to the
sovereign will of the people. They derive
Reprimand. A public and formal censure their mandate from the people who
or severe reproof, administered to a elect them for a period or term that is
person in fault by his superior officer or fixed by law. [Suarez, Pol. Law
a body to which he belongs. [Tobias v. Reviewer, 1st Ed., 2002, pp. 56-57].
Veloso, GR L-40224. Sep. 23, 1980,
citing Black's Law Dict.]. Republication of wills. Succ. An act of
the testator whereby he reproduces in a
Reprisal. Intl. Law. 1. Unlawful acts subsequent will the dispositions
taken by one state in retaliation for the contained in a previous will which is void
also unlawful acts of another state, the as to its form or executes a codicil to his
purpose being to bring the offending will. [Jurado, Comments & Jurisp. on
state to terms. [Cruz, Intl. Law Succession, 1991 8th Ed., p. 131]. See
Reviewer, 1996 Ed., p. 126]. 2. The act Revival of wills.
of punishing another for some injury the
latter caused. An act of self-help by the Repudiation. Succ. 1. An act by virtue of
injured state, responding - after an which an heir, legatee or devisee
unsatisfied demand - to an act contrary manifests his desire in accordance with
to international law committed by the the formalities prescribed by law not to
offending state. Its object is to effect succeed to the inheritance, legacy, or
reparation from the offending state for devise. 2. A renunciation of the
the offense or a return to legality by the inheritance made in a public or
avoidance of further offenses. The UN authentic instrument, or by petition
General Assembly in its 1970 presented to the court having
Declaration on Principles of International jurisdiction over the testamentary or
Law declared that "States have a duty intestate proceedings. [Art. 1051, CC].
to refrain from acts of reprisal involving Compare with Acceptance.
the use of force." Resolution 2625
(XXV). [Intl. Law Dict. & Direct., 2000]. Repurchase. The term is synonymous
with the term redeem in pacto-de-
Reprobate. A special proceeding to retro sales. [Claridades, A., Compilation
establish the validity of a will proved in of Notes, 2001-2006].
a foreign country. [Bench Book for Trial
Court Judges, p. 3-1]. Reputation. 1. The consideration or
estimation in which a person is held
Reproduction cost. See Replacement especially by the community or the
cost. public generally. [PCIB v. IAC, GR
73610. Apr. 19, 1991, citing Hopkins v.
Republic Acts. Statutes approved by the Tate, 255 Pa. 56, 90 A-210]. 2. It is
Philippine Congress from 1942 to 1972 what people think an individual is and
(and from 1987 to present). [Suarez, what they say about him. [PCIB v. IAC,
Stat. Con., (1993), p. 42]. GR 73610. Apr. 19, 1991, citing Black's
Law Dict., De Luxe 4th Ed., p. 1468].
Republicae ut sin finis litium. Lat. It is
to the interest of the state that there Request for admission. Also, Request
should be an end to litigation. [Allied to Admit. 1. A written request which a
Banking Corp. v. CA, GR 108089. Jan. party, at any time after issues have
10, 1994]. been joined, may serve upon any other
party for the admission by the latter of
Republican form of government. Pol. the genuineness of any relevant
Law. A form of government in which all documents described in and exhibited
powers are vested in the executive, with the request or of the truth of any
legislative and judiciary. [City of Manila relevant matters of fact set forth in the
v. Posadas, GR 23551. Nov. 25, 1925]. request. Copies of the documents shall
be delivered with the request unless

558
copies have already been furnished. cases identity of parties, identity of

[Sec. 1, Rule 26, RoC]. 2. Written subject matter and identity of cause of
statements of facts concerning a case action. [Mla. Golf & Country Club, Inc.,
which are submitted to an adverse party GR 64948. Sep. 27, 1994].
and which that party must admit or
deny; a discovery device. [Glossary of Rescind. 1. To declare a contract void in
Legal Terms (Pro-Se), 2004]. its inception and to put an end to it as
though it never were. [Ocampo v. CA,
Request for subpoena or production GR 97442. June 30, 1994, citing Black's
of documents. 1. A formal request Law Dict., 4th Ed., p. 1471]. 2. To
made by a party who desires the abrogate or cancel a contract putting
production of documents for the the parties in the same position they
issuance of the necessary subpoena would have been in had there been no
duces tecum at least three (3) days contract. [Duhaime's Legal Dict., 2004].
before the scheduled hearing. [Sec. 7,
AO 23 dated Dec. 17, 1992]. 2. A Rescissible contract. A contract validly
direction or command served upon agreed upon because all the essential
another party for production of specified requisites are present, but by reason of
documents for review with respect to a injury or damage to one of the parties
suit; a discovery device. [Glossary of or even to a third person, the contract
Legal Terms (Pro-Se), 2004]. may be rescinded. [Diaz, Bus. Law Rev.,
1991 Ed., p. 83].
Request to admit. See Request for
Admission. Rescissible contracts. Contracts which,
under Art. 1381 of the Civil Code, are
Requisition and issue voucher (RIV). rescissible, viz: (a) Those which are
A voucher used in the requisition of entered into by guardians whenever the
supplies or property carried in stock. wards whom they represent suffer
[IRR on Supply & Prop. Mgt., per Sec. lesion by more than one fourth of the
383, LGC]. value of the things which are the object
thereof; (b) those agreed upon in
Res. Lat. A thing. The vessel or cargo to representation of absentees, if the latter
which a maritime lien attaches. [Intl. suffer the lesion stated in the preceding
Law Dict. & Direct., 2000]. number; (c) those undertaken in fraud
of creditors when the latter cannot in
Res adjudicata. A common but any other manner collect the claims due
indefensible misspelling of res judicata. them; (d) those which refer to things
The latter term designates a point or under litigation if they have been
question or subject matter which was in entered into by the defendant without
controversy or dispute and has been the knowledge and approval of the
authoritatively and finally settled by the litigants or of competent judicial
decision of a court; that issuable fact authority; (e) all other contracts
once legally determined is conclusive as specially declared by law to be subject
between the parties in same action or to rescission. [Art. 1381, CC].
proceeding. Res adjudicata (if there be
such a term) could only mean an article Rescission. 1. A subsidiary action which
or subject of property 'awarded to' a cannot be instituted except when the
given person by the judgment of a party suffering damage has no other
court, which might perhaps be the case legal means to obtain reparation for the
in replevin and similar actions. [Black's same and shall be only to the extent
Law Dict., 4th Ed., p. 1469]. necessary to cover the damages caused.
It creates the obligation to return the
Res adjudicata. Essential requisites: (a) things which were the object of the
There must be a final judgment or contract, together with their fruits, and
order; (b) said judgment or order must the price with its interest; consequently,
be on the merits; (c) the court rendering it can be carried out only when he who
the same must have jurisdiction over demands rescission can return whatever
the subject matter and the parties; and he may be obliged to restore. [Art.
(d) there must be between the two 1383, 1384 & 1385, CC]. 2. A relief

559
which the law grants on the premise Reservatorios. The fourth person or
that the contract is valid for the persons involved in reserva troncal who
protection of one of the contracting are relatives of the descendant-
parties and third persons from all injury propositus for whose benefit the
and damage that contract may cause, or reservation is established. Such relatives
to protect some incompatible and must be legitimate relatives of the
preferential right created by the descendant-propositus within the third
contract. [Aquino v. Taedo, 39 Phil. degree; they must belong to the line
517]. 3. The unmaking or undoing of a from which the reservable property
contract; repeal. [Jurists Legal Dict., came; and, they must survive the
2004]. ascendant-reservista. [Jurado,
Rescission. Requisites: (a) There must 1991 8th Ed., p. 262].
be a case established by law, meaning
the contract is rescissible by law; (b) Reserva troncal. The obligation to
there is no other legal remedy; (c) the reserve the property by the ascendant
party asking for rescission must be in a who inherits from his descendant any
position to return what he has received property which the latter may have
under the contract; and (d) the object acquired by gratuitous title from another
of the contract must not be in the ascendant, or a brother or sister, as he
possession of a third person who acted may have acquired by operation of law
in good faith. [Diaz, Bus. Law Rev., for the benefit of relatives who are
1991 Ed., p. 84]. within the third degree and who belong
to the line from which said property
Rescission in fraud of creditors. In came. [Art. 891, CC].
order that a contract may be rescinded
as in fraud of creditors, it is essential Reserva troncal. Persons involved: (a)
that it be shown that: (a) both The ascendant or brother or sister from
contracting parties have acted whom the property was received by the
maliciously and with fraud; (b) the descendant by lucrative or gratuitous
purpose therefor is to prejudice said title; (b) the descendant or prepositus
creditors; (c) the creditors are deprived (propositus) who received the property;
by the transaction of all means by which and (c) the reservor (reservista), the
they may effect collection of their other ascendant who obtained the
claims. [Bobis v. Provl. Sheriff of property from the prepositus by
Camarines Norte, GR L-29838. Mar. 18, operation of law and (d) the reservee
1983]. (reservatarin) who is within the third
degree from the propositus and who
Rescissory action. See Accin belongs to the line (linea o tronco) from
pauliana. which the property came and for whom
the property should be reserved by the
Research. A careful hunting for facts or reservor. [Solivio v. Ca, GR 83484. Feb.
truth about a subject; inquiry; 12, 1990, citing Padilla, Civil Law, Vol.
investigation. [Glossary of Legal Terms II, 1956 Ed., p. 692].
(Pro-Se), 2004].
Reserva troncal. Requisites: (a) A
Reservation. 1. A withdrawal of a descendant inherited or acquired by
specified portion of the public domain gratuitous title property from an
from disposal under the land laws and ascendant or from a brother or sister;
the appropriation thereof, for the time (b) the same property is inherited by
being, to some particular use or purpose another ascendant or is acquired by him
of the general government. [Morenos by operation of law from the said
Law Dict., 2000 Ed., p. 410]. 2. descendant, and (c) the said ascendant
Segregation from the mass of the public should reserve the said property for the
domain for a specific public purpose. benefit of relatives who are within the
[Claridades, A., Compilation of Notes, third degree from the deceased
2001-2006]. descendant (propositus) who belong to
the tine from which the property came.

560
[Claridades, A., Compilation of Notes, startling occurrence; and (c) the

2001-2006]. statement must be made before the
declarant had time to contrive or devise.
Reserved land. A public land that has [Sec. 42, Rule 130, RoC].
been withheld or kept back from sale or
disposition. [National Devt. Co. v. Cebu Residence. 1. The place where he
City, GR 51593. Nov. 5, 1992 citing (defendant) is habitually present, and
Black's Law Dict., 4th Ed., p. 1473]. from which when he departs, he intends
to return. Equivalent to the term
Reserve Officers' Training Corps permanent abode and to the word home
(ROTC). A program institutionalized in the sense of a house to which one,
under Sec. 38 and 39 of RA 7077 whenever absent, intends to return.
designed to provide military training to [Arevalo v. Quilatan, GR L-57892. Sep.
tertiary level students in order to 21, 1982, citing Vol. I, pp. 791-800,
motivate, train, organize and mobilize Francisco on the Rules of Court, 2nd
them for national defense preparedness. Ed.]. 2. A place of abode, whether
[Sec. 3, RA 9163]. permanent or temporary; domicile
denotes a fixed permanent residence to
Reservista. The third person involved in which when absent, one has the
reserva troncal who is obliged to reserve intention of returning. [Larena v. Ferrer,
the property for the benefit of relatives 61 Phil. 36 and Nuval v. Guray 52 Phil.
of the descendant propositus who are 645]. See Domicile.
within the third degree and who belong
to the line from which said property Residence of a corporation. The place
came. [Jurado, Comments & Jurisp. on where a corporation exercises corporate
Succession, 1991 8th Ed., p. 260]. Also functions; that it is considered as
known as Ascendant-reservista. dwelling in the place where its business
is done; as being located where its
Resettlement areas. Areas identified by franchises are exercised; and as being
the appropriate national agency or by present where it is engaged in the
the local government unit with respect prosecution of the corporate enterprise;
to areas within its jurisdiction, which that a foreign corporation licensed to do
shall be used for the relocation of the business in a state is a resident of any
underprivileged and homeless citizens. country where it maintains an office or
[Sec. 3, RA 7279]. agent for transaction of its usual and
customary business for venue purposes;
Res gestae. Lat. Things done. Those and that the necessary element in its
exclamations and statements made by signification is locality of existence.
either the participants, victims, or [Northwest Orient Airlines, Inc. v. CA,
spectators to a crime immediately GR 112573. Feb. 9, 1995, citing Words
before, during, or immediately after the and Phrases, Permanent Ed., Vol. 37,
commission of the crime, when the pp. 394, 412, 403].
circumstances are such that the
statements were made as a Resident. One living in or occupying
spontaneous reaction or utterance residential land or one intended to be
inspired by the excitement of the his home or residence. Under the Urban
occasion and there was no opportunity Land Reform Act (PD 1517), one who
for the declarant to deliberate and to utilizes a place as his home. [Morenos
fabricate a false statement. [People v. Law Dict., 2000 Ed., p. 410].
Sanchez, GR 74740. Aug. 28, 1992].
Resident agent. An insurance agent
Res gestae. Elements: (a) There must duly appointed by a foreign insurer or
be a startling occurrence (enough to broker not authorized to do business in
produce nervous excitement and to the Philippines to receive in its behalf
keep the will dormant so far as any notices, summons and legal processes in
deliberation in concocting matters for connection with actions or other legal
speech or selecting words is proceedings against such foreign insurer
concerned); (b) the statement must or broker. [Sec. 314, IC].
relate to the circumstances of the

561
Resident alien. An individual whose laws that the needs of the nation
resident is within the Philippines and demand. It is a power borne by the
who is not a citizen thereof. [Sec. 22, President's duty to preserve and defend
NIRC, as amended]. the Constitution. It also may be viewed
as a power implicit in the President's
Resident foreign. A foreign corporation duty to take care that the laws are
not otherwise organized under the laws faithfully executed. [Marcos v.
of the Philippines but engaged in trade Manglapus, GR 88211. Sep. 15, 1989].
or business within the Philippines. [Sec.
131, RA 7160]. Residuary estate. That which remains
after debts and expenses of the
Resident foreign corporation. A administration, legacies and devisees
foreign corporation engaged in trade or have been satisfied. [Morenos Law
business within the Philippines. [Sec. 22, Dict., 2000 Ed., p. 411].
NIRC, as amended].
Residue. The surplus of a testators
Residential land. Land principally estate remaining after all debts and
devoted to habitation. [Sec. 3, PD 464]. particular legacies have been
discharged. [Morenos Law Dict., 2000
Residential unit. An apartment, house Ed., p. 411].
and/or land on which another's dwelling
is located used for residential purposes Resignation. Labor. 1. A formal
and shall include not only buildings, pronouncement or relinquishment of an
parts or units thereof used solely as office. It must be made with the
dwelling places, except motels, motel intention of relinquishing the office
rooms, hotels, hotel rooms, boarding accompanied by an act of
houses, dormitories, rooms and relinquishment. [Magtoto v. NLRC, 140
bedspaces offered for rent by their SCRA 58, 71 (1985)]. 2. The voluntary
owners, but also those used for home act of an employee who finds himself in
industries, retail stores or other business a situation where he believes that
purposes if the owner thereof and his personnel reasons cannot be sacrificed
family actually live therein and use it in favor of the exigency of the service,
principally for dwelling purposes. [Sec. then he has no other choice but to
2, BP 877]. disassociate himself from his
employment. [Intertrod Maritime v.
Residents. Natural persons who have NLRC 198 SCRA 318, (1991) citing
their habitual residence in the province, Dosch v. NLRC 123 SCRA 296 (1983)].
city, or municipality where they exercise 3. An expression by the incumbent in
their civil rights and fulfill their civil some form, express or implied of the
obligations, and to juridical persons for intention to surrender, renounce, or
which the law or any other provisions relinquish, the office, and an acceptance
creating or recognizing them fixes their by competent and lawful authority.
residence in a particular province, city, [Gonzales v. Hernandez, GR L-15482.
or municipality. In the absence of such May 30, 1961, citing Nome v. Rice, 3
law, juridical persons are residents of Alaska 602].
the province, city, or municipality where
they have their legal residence or Res inter alios acta aliis non nocet.
principal place of business or where Lat. The act and declaration of one
they conduct their principal business or cannot and should not harm others.
occupation. [Sec. 131, RA 7160]. [Morenos Law Dict., 2000 Ed., p. 405].
Residual power of the President. Pol. Res inter alios acta alteri nocere non
Law. The power of the President to debet. Lat. Things done between
protect the general welfare of the strangers ought not to injure those who
people. It is founded on the duty of the are not parties to them. [People v.
President, as steward of the people. It is Tena, GR 100909. Oct. 21, 1992, citing
not only the power of the President but Black's Law Dict., 5th Ed., 1979, p.
also his duty to do anything not 1178].
forbidden by the Constitution or the

562
Res inter alios acta nobis nec nocet, or voluntary action by the plaintiff; it is
nec prodest. Lat. A transaction used to state the fact that the situation
between two parties ought not to itself implies negligence or a duty to
operate to the prejudice of a third compensate whether negligence is in
person. [Tinitigan v. Tinitigan, GR L- fact proved or not; it is a rebuttable
45418. Oct. 30, 1980]. presumption that defendant was
negligent, which arises upon proof that
Res inter alios acta nocere non the instrumentality causing injury was in
debet. Lat. Things done between defendant's exclusive control, and that
strangers ought not to injure those who the accident was one which ordinarily
are not parties to them. [Napocor v. does not happen in absence of
NLRC, GR 90933-61. May 29, 1997, negligence. [Rodriguez v. CA, GR
citing Black's Law Dict. 1178, 5th Ed., 121964. June 17, 1997].
1979].
Resistance and disobedience to a
Res inter alios judicatae nullum aliis person in authority or the agents of
praejudicium faciunt. Lat. Matters such person. Crim. Law. The felony
adjudged in a cause do not prejudice committed by any person who not being
those who were not parties to it. [Tan v. included in the provisions of Art. 148,
Barrios GR 85481-82. Oct. 18, 1990, 149 and 150 of the Rev. Penal Code
citing 54 CJ 719]. shall resist or seriously disobey any
person in authority, or the agents of
Res ipsa loquitur. Lat. The thing speaks such person, while engaged in the
for itself. Doctrine of Torts and performance of official duties. [Art. 151,
Damages. 1. Where the thing which RPC].
caused the injury complained of is
shown to be under the management Res judicata. Lat. A matter adjudged (or
defendant or his servants and the settled by judgment). 1. The rule that a
accident is such as in the ordinary final judgment or decree on the merits
course of things does not happen if by a court of competent jurisdiction is
those who have its management or conclusive of the rights of the parties or
control use proper care, it affords their privies in all later suits on points
reasonable evidence, in absence of and matters determined in the former
explanation by defendant, that the suit. [Gutierrez v. CA, GR 82475. Jan.
accident arose from want of care. 28, 1991, citing Black's Law Dict., p.
[Africa v. Caltex, GR L-12986. Mar. 31, 1470 (Rev. 4th Ed., 1968)]. 2. A rule of
1966, citing 45 C. J. 768, p. 1193]. 2. civil law that once a matter has been
Rebuttable presumption or inference litigated and final judgment has been
that defendant was negligent, which rendered by the trial court, the matter
arises upon proof that [the] cannot be relitigated by the parties in
instrumentality causing injury was in the same court, or any other trial court.
defendant's exclusive control, and that A court will use res judicata to deny
the accident was one which ordinary reconsideration of a matter. [Jurists
does not happen in absence of Legal Dict., 2004]. 3. It is governed by
negligence. [Blacks Law Dict., Abr. 5th Rule 39, Sec. 47(b) of the Rules of
Ed. (1983), p. 678]. Court. [Kilosbayan v. Morato, GR
118910. July 17, 1995]. Also
Res ipsa loquitur. Requisites: A rule of Preclusion of claims.
evidence whereby negligence of the
alleged wrongdoing may be inferred Res judicata. Elements: (a) The former
from the mere fact that the accident judgment must be final; (b) the court
happened, provided that: (a) the which rendered it had jurisdiction over
occurrence is the kind of thing that does the subject matter and the parties; (c) it
not ordinarily happen without must be a judgment on the merits; and,
negligence; (b) the occurrence must (d) there must be between the first and
have been caused by an agency or the second actions identity of parties,
instrumentality within the exclusive subject matter and causes of action.
control of the defendant; (c) the [Mangoma v. CA, GR 99375. Feb. 1,
occurrence was not due to contribution 1995].

563
terminates upon the arrival of the

Res nullius. Lat. Things which have no period. [Diaz, Bus. Law Rev., 1991 Ed.,
owners or which have been intentionally p. 16].
abandoned by their owners. [Claridades,
A., Compilation of Notes, 2001-2006]. Resource accounting. A process of
tracking changes in the environment
Resolution. Admin. Law. 1. An act of a and natural resources biophysically and
special or temporary character, not economically (in monetary terms). [Sec.
prescribing a permanent rule of 4, RA 8435].
government, but is merely declaratory
of the will or opinion of a municipal Resource-based. The utilization of
corporation in a given matter, and in the natural resources. [Sec. 4, RA 8435].
nature of a ministerial or administrative
act, and is not a law. [Mascuana v. Resource rent. The difference between
Prov. Board of Negros Occ., GR L- the value of the products produced from
27013. Oct. 18, 1977, citing 62 CJS 786- harvesting a publicly owned resource
7]. 2. The formal adoption of a motion. less the cost of producing it, where cost
[Glossary of Legal Terms (Pro-Se), includes the normal return to capital and
2004]. normal return to labor. [Sec. 4, RA
8550].
Resolution. Legal Med. A sense of well-
being and general muscular relaxation Resources. The actual assets of any
which follows orgasm. During resolution, agency of the Government such as cash,
men are unable to have another instruments representing or convertible
erection for some time. The time to money, receivables, lands, buildings,
between erections (refractory period) as well as contingent assets, such as
generally increases as men age while, in estimated revenues applying to the
contrast, many women are able to current fiscal period not accrued or
respond to additional stimulation almost collected, and bonds authorized and
immediately after orgasm. [Olarte, Legal unissued. [Sec. 2, Chap. 1 Subtitle B,
Med., 1st Ed. (2004), p. 112]. EO 292].
Resolution. Local Govt. 1. A declaration Resources reserve. An extensive and

of the sentiment or opinion of a relatively isolated and uninhabited are
lawmaking body on a specific matter. normally with difficult access designated
[Mascuana v. Provl. Board of Negros as such to protect natural resources of
Occ., 79 SCRA 399, 405, Oct. 18, 1977]. the area for future use and prevent or
2. It is temporary in nature. A third contain development activities that
reading is not necessary for a could affect the resource pending the
resolution, unless decided otherwise by establishment of objectives which are
a majority of all the Sanggunian based upon appropriate knowledge and
members. [Mun. of Paraaque v. VM planning. [Sec. 4, RA 7586].
Realty Corp., GR 127820. July 20,
1998]. Compare with Ordinance. Res perit domino suo. Lat. The owner
bears the risk of loss. [Claridades, A.,
Resoluto jure dantis resolvitur jus Compilation of Notes, 2001-2006].
accipientis. Lat. The right of the
grantor being extinguished, the right Respondeat superior. Lat. Let the
granted is extinguished. [Saul v. master answer. 1. The doctrine of
Hawkins, GR 66. May 1, 1902]. respondeat superior has been generally
limited in its application to principal and
Resolutory condition or condition agent or to master and servant (i.e.,
subsequent. One the happening of employer and employee) relationship.
which will extinguish the obligation. No such relationship exists between
[Diaz, Bus. Law Rev., 1991 Ed., p. 10]. superior officers of the military and their
Compare with Suspensive condition. subordinates. [Aberca v. Ver, GR L-
69866. Apr. 15, 1988]. 2. A legal
Resolutory period (in diem). The principle which transfers liability to the
obligation takes effect at once but employer for the negligent acts of his

564
employee. [Torres, Oblig. & Cont., 2000

Ed., p. 354]. 3. The doctrine which Restaurant. Any place which provides
holds that employers are responsible for food to the public and accept orders
the acts and omissions of their from them at a price. This term includes
employees and agents, when done caterers. [Sec. 1, PD 426].
within the scope of the employees'
duties. [Jurists Legal Dict., 2004]. Restitutio in integrum. 1. Lat.
Restoration in full. The principle
Respondent. 1. The person against requiring that the successful plaintiff be
whom an appeal is taken. [Glossary of fully compensated by the final judgment
Legal Terms (Pro-Se), 2004]. 2. The of the court for all the losses and
party that responds to a claim filed in damages which the breach of contract
court against them by a plaintiff. The or the commission of the tort or delict
more common term is defendant. The caused him. It requires that the victim
word is also used to refer to the party of the breach of contract or the
who wins at the first court level but who tort/delict be placed in the same
must then respond to an appeal position he was in before the harmful
launched by the party that lost the case event occurred. [Tetley, Glossary of
at the first court level (upon appeal, this Conflict of Laws, 2004]. 2. Lat.
latter person is called the appellant). Restitution to the original position. In
See Petitioner. contract law, upon breach of contract,
the injured party may ask the court to
Respondentia loan. A loan made on the reverse the contract and revert the
goods laden on board the ship, and parties to their respective positions
which are to be sold or exchanged in before the contract was accepted. But if
the course of voyage, the borrowers the court finds that restitutio in
personal responsibility being deemed integrum is not possible because of
the principal security for the actions or events occurring since the
performance of the contract. [Tiopianco, date of acceptance, then the court may
Commentaries & Jurisp. on the Ins. order that damages be paid instead.
Code of the Phil., 1999 Ed., p. 104, [Duhaime's Legal Dict., 2004].
citing Bouviers Law Dict.].
Restitution. Act of restoring anything to
Responsible cause. The approximate its rightful owner; the act of restoring
cause. [Ang v. Riz-Man Transit, Inc., 62 someone to an economic position he
OG 420]. enjoyed before he suffered a loss.
Responsible officer. An officer spoken 2004].
of under the 1973 Constitution to whom
the authority to issue arrest and search Restrict. To confine, limit or stop. [Phil.
warrants may be delegated by Assoc. of Service Exporters, Inc. v.
legislation, who must possess not only Torres, GR 101279. Aug. 6, 1992].
skill and competence but more
significantly, neutrality and Restrictions. Conditions set forth in the
independence comparable to the usage of property. [Memo. from the
impartiality presumed of a judicial Exec. Sec. dated Aug. 20, 1998].
officer. [Presl. Anti-Dollar Salting Task
Force v. CA, GR 83578. Mar. 16, 1989]. Restrictive indorsement. Nego. Inst. 1.
An indorsement which either (a)
Rest. A party is said to rest or rest its prohibits the further negotiation of the
case when it has presented all the instrument; or (b) constitutes the
evidence it intends to offer. [Glossary of indorsee the agent of the indorser; or
Legal Terms (Pro-Se), 2004]. (c) vests the title in the indorsee in trust
for or to the use of some other persons.
Restatement. A publication which tells [Sec. 36, NIL]. 2. An indorsement which
what the law is in a particular field, as restricts the rights of subsequent
compiled from statutes and decisions. holders. [Intl. Law Dict. & Direct.,
[Glossary of Legal Terms (Pro-Se), 2004].
2004].

565
Restrictive sovereign immunity. Intl. Retail. A sale where the purchaser buys
Law. Rule that a foreign state is not the commodity for his own
immune when the cause of action for a consumption, irrespective of the
suit is based on conduct unrelated to quantity of the commodity sold. [Sec.
the state's governmental activities. [Intl. 131, RA 7160].
Retail. Elements which should concur for
Restructuring of electric power a sale to be considered as retail: (a) The
industry. The process of reorganizing seller should be habitually engaged in
the electric power industry in order to selling; (b) the sale must be direct to
introduce higher efficiency, greater the general public; and (c) the object of
innovation and end-user choice. It shall the sale is limited to merchandise,
be understood as covering a range of commodities or goods for consumption.
alternatives enhancing exposure of the [Marsman & Co., Inc. v. First Coconut
industry to competitive market forces. Central Co., Inc., GR L-39841. June 20,
[Sec. 4, RA 9136]. 1988].
Resulting trust. 1. A trust which is Retail business. Any act, occupation or

raised or created by the act or calling of habitually selling direct to the
construction of law, but in its more general public merchandise,
restricted sense it is a trust raised by commodities or goods for consumption,
implication of law and presumed always but shall not include: (a) a
to have been contemplated of the manufacturer, processor, laborer or
parties, the intention as to which is to worker selling to the general public the
he found in the nature of their products manufactured, processed, or
transaction, but not expressed in the produced by him if his capital does not
deed or instrument of conveyance. exceed five thousand pesos; (b) a
[Ramos v. Ramos, GR L-19872. Dec. 3, farmer or agriculturist selling the
1974, citing 89 CJS 725]. Examples of product of his farm; (c) a manufacturer
resulting trusts are found in Art. 1448 to or processor selling to the industrial and
1455 of the Civil Code. 2. A trust that is commercial users or consumers who use
presumed by the court from certain the products bought by them to render
situations and from which the court service to the general public and/or to
presumes an intention to create a trust; produce or manufacture goods which
the law assumes that the property is not are in turn sold to them; (d) a hotel-
held by the right person and that the owner or keeper operating a restaurant
possessor is only holding the property in irrespective of the amount of capital,
trust for the rightful owner. [Duhaime's provided that the restaurant is
Legal Dict., 2004]. Also Implied trust. necessarily included in, or incidental to,
the hotel business. [Sec. 1, PD 714].
Result of the election. The net result of
the election in the rest of the precincts Retail enterprise. One open to the
in a given constituency, such that if the general consuming public for the sale of
margin of a leading candidate over that goods that are commonly bought by
of his closest rival in the latter precincts end-users for personal or household
is less than the total number of votes in use. [Sec. 1, PD 1634].
the precinct where there was failure of
election, then such failure would Retailer. A person engaged in the
certainly affect the result of the election; business of selling consumer products
hence, a special election must be held. directly to consumers. [Art. 4, RA 7394].
[Lucero v. Comelec, GR 113107. July 20,
1994]. Retail establishment. One principally
engaged in the sale of goods to end-
Resume. The act of an international users for personal or household use.
conference in reducing to writing the [Sec. 1, Rule 7, Book 3, IRR of LC].
conclusions of its deliberations on a
particular subject. [Claridades, A., Retail trade. Any act, occupation or
Compilation of Notes, 2001-2006]. calling of habitually selling direct to the
general public merchandise,

566
commodities or good for consumption, retaining fee is neither made nor

but the restriction of RA 8762 shall not received in consideration of the services
apply to the following: (a) Sales by contemplated; it is apart from what the
manufacturer, processor, laborer, or client has agreed to pay for the services
worker, to the general public the which he has retained him to perform.
products manufactured, processed or [Research and Services Realty, Inc. v.
products by him if his capital dose not CA, GR 124074. Jan. 27, 1997, citing
exceed P100,000.00; (b) Sales by a Agpalo, Legal Ethics, 140 (1992)].
farmer or agriculturist selling the
products of his farm; (c) Sales in Retired shares. Corp. Law. Shares which
restaurant operations by a hotel owner have been withdrawn and have
or inn-keeper irrespective of the amount disappeared altogether. [Diaz, Bus. Law
capital: provided, that the restaurant is Rev., 1991 Ed., p. 250].
incidental to the hotel business; and (d)
Sales which are limited only to products Retiree. A member of the National Health
manufactured, processed or assembled Insurance Program who has reached the
by a manufactured, processed or age of retirement or who was retired on
assembled by a manufacturer though a account of disability. [Sec. 1, RA 9241].
single outlet, irrespective of
capitalization. [Sec. 3, RA 8762]. Retirement. Labor. The result of a
bilateral act of the parties, a voluntary
Retained earnings. Also Earned agreement between the employer and
surplus. Accumulated net income less the employees whereby the latter after
distributions to stockholders and reaching a certain age agrees and/or
transfers to paid-in capital accounts. consents to severe his employment with
The accumulated amount of profits and the former. [Soberano v. Sec. of Labor,
earnings of the business which has not GR L-43753-56 & L-50991. Aug. 29,
been capitalized, offset by losses, or 1980].
given out to stockholders as property
dividends. [Morenos Law Dict., 2000 Retorsion. Intl. Law. Retaliation where
Ed., p. 412]. the acts complained of do not constitute
a legal ground of offense but are rather
Retainer. 1. Act of the client in in the nature of unfriendly acts done
employing the attorney or counsel, and primarily in pursuance of legitimate
also denotes the fee which the client state interests but indirectly hurtful to
pays when he retains the attorney to act other states. [Cruz, Intl. Law Reviewer,
for him. [Glossary of Legal Terms (Pro- 1996 Ed., p. 125].
Se), 2004]. 2. A contract between a
lawyer and his (or her) client, wherein Retract. To take back; To retract an offer
the lawyer agrees to represent and is to withdraw it before acceptance.
provide legal advice to the client, in [Alonte v. Savellano, GR 131652. Mar.
exchange for money. The signed 9, 1998, citing Black's Law Dict. 6th Ed.
retainer begins the client-lawyer [1990]).
relationship from which flow many
responsibilities and duties, primarily on Retraction. In law of defamation, a
the lawyer, including to provide accurate formal recanting of the defamatory
legal advice, to monitor limitation dates material; in probate practice, a
and to not allow any conflict of interest withdrawal of a renunciation. [Alonte v.
with the relationship with the client. Savellano, GR 131652. Mar. 9, 1998,
[Duhaime's Legal Dict., 2004]. citing Black's Law Dict. 6th Ed. (1990)].
Retaining fee. A preliminary fee paid to Retracto legal de comuneros. Sp.

ensure and secure a lawyer's future Right of legal redemption. [De Conejero
services, to remunerate him for being v. CA, GR L-21812. Apr. 29, 1966]. Also
deprived, by being retained by one Retracto comuneros.
party, of the opportunity of rendering
services to the other party and of Retreat. Withdrawal. In combat, there is
receiving pay from him. In the absence a wide difference between a withdrawal
of an agreement to the contrary, the and a retreat. The former is an

567
abandonment of the struggle by one of Retrospectant evidence. Such evidence

the parties, while the latter may be and which requires inference to look
often is a continuance of hostilities. backward from the evidentiary fact to
[Morenos Law Dict., 2000 Ed., p. 413]. the alleged act. That is, taking a stand
at the fact offered, the inference is
Retrenchment. Also Lay-off. 1. The made that at some previous time, the
termination of employment initiated by act was or was not done. [People v.
the employer through no fault of the Agravante, GR 105402-04. Sep. 5,
employees and without prejudice to the 1994]. Also called Traces.
latter, resorted to by management
during periods of business recession, Return. A report to a judge by police on
industrial depression, or seasonal the implementation of an arrest or
fluctuations or during lulls occasioned by search warrant. Also, a report to a judge
lack of orders, shortage of materials, in reply to a subpoena, civil or criminal.
conversion of the plant for a new [Glossary of Legal Terms (Pro-Se),
production program or the introduction 2004].
of new methods or more efficient
machinery, or of automation. Return on equity. Net income after debt
[Sebuguero v. NLRC, 248 SCRA 532, service, expressed as a percentage of
542 (1995), citing Sibal, Phil. Legal the owners equity. [Blacks Law Dict.,
Encyc., 502 (1986)]. 2. An act of the Abr. 5th Ed. (1983), 684].
employer of dismissing employees
because of losses in the operation of a Return on investment. Amount earned
business, lack of work, and considerable per year on an investment, usually
reduction on the volume of his business. expressed as a percentage. [Blacks Law
[Sebuguero v. NLRC, 248 SCRA 532, Dict., Abr. 5th Ed. (1983), 684].
542 (1995), citing LVN Pictures
Employees and Workers Assoc. v. LVN Return-to-work order. Labor. The
Pictures, 35 SCRA 147 (1970)]. order of the Secretary of Labor and
Employment assuming jurisdiction over
Retroactive laws. Laws which, as a labor dispute and deciding it or
exceptions to Art. 4 of the Civil Code, certifying the same to the NLRC for
shall have retroactive effect under any compulsory arbitration, which
of the following circumstances: (a) if the assumption or certification shall have
laws themselves provide for the effect of automatically enjoining the
retroactivity; (b) if the laws are remedial intended or impending strike or lockout
or penal in nature and the same is as specified in the assumption or
favorable to the accused; (c) when the certification order or, if one has already
laws are procedural and do not affect or taken place at the time of assumption or
change vested rights; (d) when the laws certification, ordering all striking or
are curative in character; and (e) if a locked out employees to immediately
substantive right is declared for the first return to work and the employer to
time. [Claridades, A., Compilation of immediately resume operations and
Notes, 2001-2006]. readmit all workers under the same
terms and conditions prevailing before
Retroactive recognition rule. Intl. the strike or lockout. [Art. 263, LC].
Law. Rule that implies that a
government was lawfully in power prior Revaluation increment. The excess of
to the time of its recognition. [Intl. Law sound value over net book value. [RCPI
Dict. & Direct., 2004]. v. Natl. Wages Council, GR 93044. Mar.
26, 1992].
Retrocession. A transaction whereby the
reinsurer, in turn, passes to another Revealing secrets with abuse of
insurer a portion of the risk reinsured. It office. Crim. Law. The felony
is really the reinsurance of a committed by any manager, employee,
reinsurance. [Claridades, A., Compilation or servant who, in such capacity, shall
of Notes, 2001-2006]. learn the secrets of his principal or
master and shall reveal such secrets.
[Art. 291, RPC].

568
Revelation of industrial secrets. Crim. Reversible error. A procedural error

Law. The felony committed by the during a trial or hearing sufficiently
person in charge, employee or workman harmful to justify reversing the
of any manufacturing or industrial judgment of a lower court. [Glossary of
establishment who, to the prejudice of Legal Terms (Pro-Se), 2004].
the owner thereof, shall reveal the
secrets of the industry of the latter. [Art. Reversion. A future interest left in a
292, RPC]. transferor or his (or her) heirs. A
reservation in a real property
Revelation of secrets by an attorney conveyance that the property reverts
or solicitor. See Betrayal of trust by back to the original owner upon the
an attorney or solicitor. occurrence of a certain event.
Revelation of secrets by an officer.
Crim. Law. The felony committed by any Review. A reconsideration or
public officer who shall reveal any secret reexamination for purposes of
known to him by reason of his official correction. [Phil. Gamefowl Comm. v.
capacity, or shall wrongfully deliver CA, GR 72969-70. Dec. 17, 1986, citing
papers or copies of papers of which he Black's Law Dict., Rev. 4th Ed., 1968, p.
may have charge and which should not 1483].
be published. [Art. 229, RPC].
Revised Forestry Code of the
Revenue. 1. Income derived from the Philippines. PD 705 entitled Revising
regular system of taxation enforced Presidential Decree No. 389, otherwise
under authority of law or ordinance and, known as the Forestry Reform Code of
as such, accrue more or less regularly the Philippines signed into law on May
every year. [Sec. 14, PD 477]. 2. All the 19, 1975.
funds or income derived by the
government, whether from tax or from Revised Penal Code, The. Act 3815
whatever source and whatever manner. entitled An Act revising the Penal Code
[De Leon, Fundamentals of Taxation, and other penal laws enacted on Dec.
2000 Ed., p. 20]. 8, 1930 and took effect on Jan. 1, 1932.
Revenue bill. A bill filed in Congress Revision. A revamp or rewriting of the

proposing to levy taxes and raise funds whole instrument. [Cruz, Constl. Law,
for the government. [Claridades, A., 1998 Ed., p. 11]. Compare with
Compilation of Notes, 2001-2006]. Amendment.
Revenue funds. All funds deprived from Revival of wills. The restoration to
the income of any agency of the validity of a previously revoked will by
Government and available for operation of law. It differs from
appropriation or expenditure in republication in that it takes place by
accordance with law. [Sec. 2, Chap. 1 operation of law, while the latter takes
Subtitle B, EO 292]. place by the act of the testator. [Jurado,
Reversal. 1. An action of a higher court 1991 8th Ed., p. 131].
in setting aside or revoking a lower
court decision. [Glossary of Legal Terms Revive. To restore to consciousness or
(Pro-Se), 2004]. 2. The annulling or life; to bring back into currency; to
setting aside by an appellate court of a render active, operative, valid or
decision of a lower court. [Blacks Law flourishing again. [Morenos Law Dict.,
Dict., Abr. 5th Ed. (1983), p. 685]. 2000 Ed., p. 413].
Reversales. Intl. Law. Fr. Declarations Revocable beneficiary. The person

that an error in etiquette or in the named in a policy to receive the
draftsmanship of a treaty should not be proceeds at the death of the insured,
considered as a precedent. [Suarez, Pol. the latter reserving to himself the right
Law Reviewer, 1st Ed., 2002, p. 1059]. to make future changes in the

569
beneficiary designation. [Tiopianco, (1986)]. 2. A government instituted by

Commentaries and Jurisp. on the Ins. the direct action of the people and in
Code of the Phil., 1999 Ed., p. 28]. opposition to the authoritarian values
and practices of the overthrown
Revocable permit. A permit issued for government. [Ibid., citing address by UP
the temporary occupation and use of a Pres. Angara, BBC, Mar. 21, 1986, 27
tract of land not covered by a regular UP Gaz. 28, 29].
public land application. [Castrillo's Law
on Nat. Res., 6th Ed. p. 81]. Rheumatic heart disease. A disease
resulting from rheumatic fever, marked
Revocable trust. A trust that the grantor by inflammation and disfigurement of
may change or revoke. [Glossary of the heart valves. The heart valves are
Legal Terms (Pro-Se), 2004]. flap-like structures which like one-way
doors, stand in the openings between
Revocation of wills. 1. The physical act the chambers of the heart. Their
of destruction of a will coupled with function is to allow the passage of blood
animus revocandi on the part of the only forward. However, when deformed
testator. It is not imperative that the by disease, they no longer form a
physical destruction be done by the perfect fit for the openings, and blood
testator himself. It may be performed flaws backward as well as forward
by another person but under the during the contraction of the heart. The
express direction and in the presence of amount of blood which flows backward
the testator. [Maloto v. CA, GR 76464. is lost to the forward stream. The heart
Feb. 29, 1988]. 2. An act of the mind, must, therefore, work much harder to
terminating the potential capacity of the supply the body with the normal amount
will to operate at the death of the of blood. This, in turn, leads to other
testator, manifested by some outward complications. [Panangui v. ECC, GR L-
or visible act or sign, symbolic thereof. 56259. Mar. 18, 1983, citing Schmidt's
[Jurado, Comments & Jurisp. on Atty.'s Dict. of Med., p. 689, 1965 Ed.].
Succession, 1991 8th Ed., p. 115, citing
Gardner on Wills, p. 224]. Rheumatic heart failure. A sudden
stoppage of the action of the heart.
Revoke. To cancel or nullify a legal [Morenos Law Dict., 2000 Ed., p. 414].
document. [Glossary of Legal Terms
(Pro-Se), 2004]. Riachuelo. A creek. [Morenos Law Dict.,
2000 Ed., p. 414].
Revolution. 1. The complete overthrow
of the established government in any Riba. The term has the meaning assigned
country or state by those who were to it by Islamic law and jurisprudence as
previously subject to it. [In Re: Puno, expounded by authoritative sources; in
AM 90-11-2697-CA. June 29, 1992, the context of banking activities, the
citing Kitlow v. Kiely, 44 F. Ed. 227, term includes the receipt and payment
232]. 2. A sudden, radical and of interest in the various types of
fundamental change in the government lending and borrowing and in the
or political system, usually effected with exchange of currencies on forward
violence or at least some acts of basis. [Sec. 44, RA 6848].
violence. [Ibid, citing State v. Diamond,
202 P. 988, 991]. 3. That which occurs Rider. Also Endorsement. Ins.
whenever the legal order of a Agreements not contained in the policy,
community is nullified and replaced by a but written on or attached to it. They
new order a way not prescribed by the are used to fit policies to individual
first order itself. [Ibid, citing Kelsen's, circumstances. When they are made
Gen. Theory of Law and State]. part of the contract, they alter, amend,
extend, or restrict the coverage
Revolutionary government. 1. A provided in the contract. [Sec. 50, IC].
government that comes into existence in
defiance of the existing legal processes. Rider. Legislation. 1. A provision which is
[In Re: Puno, AM 90-11-2697-CA. June alien to the bill to which it is attached.
29, 1992, citing Bernas, Proc. No. 3 [Gonzales v. Macaraig, GR 87636. Nov.

570
19, 1990]. 2. A provision not germane of the action; and (c) the right to bring
to the subject matter of the bill. and maintain the action must be in the
[Lidasan v. Comelec, GR L-28089. Oct. person instituting it. [Albano, Rem. Law
25, 1967]. Reviewer, 1st Ed., p. 73-74].
Right. In an abstract sense, it means Right-of-control test. A test to

justice, ethical correctness, or determine where the person for whom
consonance with the rules of law or the the services are performed reserves a
principles of morals. In a concrete right to control not only the end to be
sense, a power, privilege, faculty, or achieved but also the means to be used
demand, inherent in one person and in reaching such as end. [Sevilla v. CA,
incident upon another. As an adjective, 160 SCRA 171].
it means just, morally correct,
consonant with ethical principles or rules Right of equality as an attribute of
of positive law. [Blacks Law Dict., Abr. states. Intl. Law. The entitlement of
5th Ed. (1983), p. 687]. every state to the same protection and
respect as are available to other states
Right against double jeopardy. The under the rules of international law.
right which prohibits any subsequent [Cruz, Intl. Law Reviewer, 1996 Ed., p.
prosecution of any person for a crime of 58].
which he has previously been acquitted
or convicted. The objective is to set the Right of first refusal. See First
effects of the first prosecution forever at refusal, right of.
rest, assuring the accused that he shall
not thereafter be subjected to the peril Right of privacy. The right to be let
and anxiety of a second charge against alone, like the right of free expression,
him for the same offense. [2 Phil. 246, (which) is not an absolute right. A
252-253 (1903)]. limited intrusion into a person's privacy
has long been regarded as permissible
Right against self-incrimination. A where that person is a public figure and
prohibition of the use of physical or the information sought to be elicited
moral compulsion, to extort from him or to be published about him
communications from (a person). It is constitute matters of a public character.
simply a prohibition against legal Succinctly put, the right of privacy
process to extract from the (accused)'s cannot be invoked to resist publication
own lips, against his will, admission of and dissemination of matters of public
his guilt. [US v. Tan Teng, 23 Phil. 145, interest. The interest sought to be
152] protected by the right of privacy is the
right to be free from "unwarranted
Right and wrong test. The test under publicity, from the wrongful publicizing
which a person is determined to be of the private affairs and activities of an
insane when he suffers from such individual which are outside the realm of
perverted condition of the mental and legitimate public concern. Also Right
moral faculties as to render him to privacy.
incapable of distinguishing between
right and wrong. [People v. Dungo, GR Right of redemption. The right granted
89420. July 31, 1991]. Compare with to the debtor-mortgagor, his successor-
Delusion test and Irresistible in-interest or nay judicial creditor of said
impulse test. debtor-mortgagor or any person having
a lien in the property subsequent to its
Right of action. The right to commence mortgage or deed of trust under which
and prosecute an action to obtain the the property is sold to redeem the
relief sought. [Albano, Rem. Law property within one (1) year from the
Reviewer, 1st Ed., p. 73]. Compare with registration of the sheriffs certificate of
Cause of action. foreclosure sale. [Bench Book for Trial
Court Judges, p. 2-91, citing Sec. 29,
Right of action. Elements: (a) Existence Rule 39, RoC]. Compare with Equity of
of a cause of action; (b) performance of redemption.
all conditions precedent to the bringing

571
Right of representation. See Negros Occ., GR L-27084. July 31,

Representation, right of. 1968].
Right of revolution. An inherent right of Right of way easement. 1. The right of

a people to cast out their rulers, change the owner, or any person who by virtue
their policy or effect radical reforms in of a real right may cultivate or use any
their system of government or immovable, which is surrounded by
institutions by force or a general other immovables pertaining to other
uprising when the legal and persons and without adequate outlet to
constitutional methods of making such a public highway, to demand a right of
change have proved inadequate or are way through the neighboring estates,
so obstructed as to be unavailable. [In after payment of the proper indemnity.
Re: Puno, AM 90-11-2697-CA. June 29, [Art. 649, CC]. 2. The right of a party to
1992, citing The Paradox of Luther v. pass over the land of another. [Glossary
Borden, 100 Harvard Law Review 1125, of Legal Terms (Pro-Se), 2004].
1133 (1987)].
Right of way rule. The general rule that
Right of self-organization. It includes the vehicle on the national highway has
the right to organize or affiliate with a the right-of-way as against a feeder
labor union or determine which of two road. Another general rule is that the
or more unions in an establishment to vehicle coming from the right has the
join, and to engage in concerted right-of-way over the vehicle coming
activities with co-workers for purposes from the left. The general rules on right-
of collective bargaining through of-way may be invoked only if both
representatives of their own choosing, vehicles approach the intersection at
or for their mutual aid and protection, almost the same time. [Kapalaran Bus
i.e., the protection, promotion, or Line v. Coronado, GR 85331. Aug. 25,
enhancement of their rights and 1989].
interests. [Reyes v. Trajano, GR 84433.
June 2, 1992, citing Art. 247, LC, as Right to appeal. 1. It is merely a
amended]. statutory right and not ordinarily a
necessary part of due process, (and)
Right of way. An ancient concept, which may only be taken when the law so
date back to the iter, actus, and via of provides. [Aguilar & Casapao, v.
the Romans. These servitudes are Navarro, 55 Phil., 898; Duarte, v. Dade,
demanded by necessity, that is, to 32 Phil., 36]. 2. Being purely statutory,
enable owners of isolated estates to the parties cannot, even by mutual
make full use of their properties, which agreement, confer such right when the
lack of access to public roads has denied same does not exist by statutory
them. [Costabella Corp. v. CA, GR authority. [Gonzales v. CA, GR L-18255.
80511. Jan. 25, 1991, citing II Nov. 21, 1961, citing Moran, Comments
Francisco, Civil Code of The Phil., 787]. on the Rules of Court, Vol. I, 1957 Ed.,
pp. lxii-lxiii].
Right of way. Requisites: The owner of
an estate may claim a compulsory right Right to dispose. The power of the
of way only after he has established the owner to alienate, encumber, transform
existence of four requisites, namely, (a) and even destroy the thing owned.
the estate is surrounded by other [Morenos Law Dict., 2000 Ed., p. 416].
immovables and is without adequate
outlet to a public highway; (b) after Right to hold a public office. The just
payment of the proper indemnity; (c) and legal claim to hold and enjoy the
the isolation was not due to the powers and responsibilities of the office.
proprietor's own acts; and (d) the right [Francisco v. Men Abad, GR L-36927-28.
of way claimed is at a point least Apr. 15, 1974, citing Black's Law Dict.,
prejudicial to the servient estate, and in 3rd Ed., pp. 1558, 1717].
so far as consistent with this rule, where
the distance from the dominant estate Right to life. Pol. Law. The right not
to a public highway may be the merely to the preservation of life but
shortest. [Angela Estate, Inc. v. CFI also the security of the limbs and organs

572
of the human body against any unlawful 1977]. 2. A person who owns land that
harm. [Suarez, Pol. Law Reviewer, 1st runs into a river. [Duhaime's Legal Dict.,
Ed., 2002, p. 90] 2004].
Right to present evidence. The Riparian rights. Special rights of people

opportunity given a party to be heard who own land that runs into a river
(which) is covered by the due process bank. While not an ownership right,
clause of the Constitution. [Morenos riparian rights include the right of access
Law Dict., 2000 Ed., p. 417]. to, and use of the water for domestic
purposes (bathing, cleaning and
Right to privacy. A right which belongs navigating). [Duhaime's Legal Dict.,
to the individual acting in his private 2004].
capacity and not to a governmental
agency or officers tasked with, and RIV. See Requisition and issue
acting in, the discharge of public duties. voucher.
[Aquino-Sarmiento v. Morato, GR
92541. Nov. 13, 1991]. Also Right of River. A compound concept consisting of
privacy. three (3) elements: (b) The running
waters; (c) the bed; and (c) the banks.
Right to self-organization. The right of [Hilario v. City of Manila, GR L-19570.
the employees to form unions or Apr. 27, 1967, Manresa, Codigo Civil
associations for purposes not contrary Espaniol, 6th Ed., p. 75].
to law, to self-organization and to enter
into collective bargaining negotiations, Roadway. A road, especially that part of
among others, which the Constitution the road over which vehicles pass.
guarantees. [Knitjoy Mfg., Inc. v. Ferrer- [Govt. of the Phil. v. Derham Bros., GR
Calleja, GR 81883. Sep. 23, 1992]. 11904. Oct. 9, 1917, citing New Std.
Dict.].
Rigid constitution. A constitution which
can be amended through a formal and Robbery. Crim. Law. 1. The felony
difficult process. [Suarez, Pol. Law committed by any person who, with
Reviewer, 1st Ed., 2002, p. 9]. Compare intent to gain, shall take any personal
with Flexible constitution. property belonging to another, by
means of violence or intimidation of any
Rigor mortis. Legal Med. The stiffening person, or using force upon anything.
of the muscular tissues and joints of the [Art. 293, RPC]. 2. Felonious taking of
body setting in at a greater or less another's property, from his person or
interval after death. [People v. Dulay, immediate presence and against his will,
GR 92600. Jan. 18, 1993]. by means of force or fear. [Glossary of
Ring. In a cockpit, the space where the
cocks fight. [Morenos Law Dict., 2000 Robbery. Elements: (a) That there be
Ed., p. 417]. Also Rueda. personal property belonging to another;
(b) that there is unlawful taking of the
Riparian. Broadly, any property having a property; (c) that the taking is with
water frontage. [Santulan v. Exec. Sec., intent to gain; and (d) that there is
GR L-28021. Dec. 15, 1977, citing violence against or intimidation of
Shepard's Point Land Co. v. Atlantic persons or force upon things. [People v.
Hotel, 44 S. E. 39, 45]. Compare with Puloc, GR 92631, Sep. 30, 1991 202
Littoral. SCRA 179, 185].
Riparian owner. 1. A person who owns Robbery committed under certain

land situated on the bank of a river. But circumstances, attempted and
the term embraces not only the owners frustrated. The offense committed
of lands on the banks of rivers but also when, by reason or on occasion of an
the littoral owners, meaning the owners attempted or frustrated robbery, a
of lands bordering the shore of the sea homicide is committed. [Art. 297, RPC].
or lake or other tidal waters. [Santulan
v. Exec. Sec., GR L-28021. Dec. 15,

573
Robbery in an inhabited house or Robbery with physical injuries,

public building or edifice devoted committed in an uninhabited place
to worship. Crim. Law. The felony and by a band, or with the use of
committed by any armed person who firearm on a street, road or alley.
shall commit robbery in an inhabited The offenses mentioned in subdivisions
house or public building or edifice 3, 4, and 5 of Art. 294 of the Rev. Penal
devoted to religious worship where: (a) Code which have been committed in an
the malefactors shall enter the house or uninhabited place or by a band, or by
building in which the robbery was attacking a moving train, street car,
committed; or (b) the robbery be motor vehicle or airship, or by entering
committed under any of the following the passenger's compartments in a train
circumstances: 1. by the breaking of or, in any manner, taking the
doors, wardrobes, chests, or any other passengers thereof by surprise in the
kind of locked or sealed furniture or respective conveyances, or on a street,
receptacle; 2. by taking such furniture road, highway, or alley, and the
or objects to be broken or forced open intimidation is made with the use of a
outside the place of the robbery. [Art. firearm. [Art. 295, RPC].
299, RPC].
Robbery with rape. The law uses the
Robbery in an uninhabited place or phrase "when the robbery shall have
in a private building. Any robbery been accompanied by rape." [Art. 294
committed in an uninhabited place or in (2), RPC]. This means that the offender
a building other than those mentioned must have the intent to take the
in the first paragraph of Art. 299 of the personal property belonging to another
Rev. Penal Code, if any of the following with intent to gain, and such intent
circumstances is present: (a) if the must precede the rape. [People v.
entrance has been effected through any Villagracia, GR 94311. Sep. 14, 1993,
opening not intended for entrance or citing Reyes, II Rev. Penal Code, p. 612,
egress; (b) if any wall, roof, flour or 1987 Ed.].
outside door or window has been
broken; (c) if the entrance has been Robbery with violence against or
effected through the use of false keys, intimidation of persons. Crim. Law.
picklocks or other similar tools; (d) if The felony committed by any person
any dorm, wardrobe, chest or by sealed with the use of violence against or
or closed furniture or receptacle has intimidation of any person when: 1. by
been broken; (e) if any closed or sealed reason or on occasion of the robbery,
receptacle, as mentioned in the the crime of homicide shall have been
preceding number, has been removed committed; 2. the robbery shall have
even if the same to broken open been accompanied by rape or
elsewhere. [Art. 302, RPC]. intentional mutilation, or if by reason or
on occasion of such robbery, any of the
Robbery in band. Robbery whereof physical injuries penalized in subdivision
more than three armed malefactors take 1 of Art. 263 of the Rev. Penal Code
part in the commission. [Art. 296, RPC]. shall have been inflicted; 3. by reason or
on occasion of the robbery, any of the
Robbery with homicide. Elements: (a) physical injuries penalized in subdivision
The taking of personal property with the 2 of the article mentioned in the next
use of violence or intimidation against a preceding number, shall have been
person; (b) the property thus taken inflicted; 4. the violence or intimidation
belongs to another; (c) the taking is employed in the commission of the
characterized by intent to gain or robbery shall have been carried to a
animus lucrandi; and (d) on the degree clearly unnecessary for the
occasion of the robbery or by reason commission of the crime, or when the
thereof, the crime of homicide, which is course of its execution, the offender
therein used in a generic sense, was shall have inflicted upon any person not
committed. [People v. Esperraguerra, responsible for its commission any of
GR 113785, Sep. 14, 199S, 248. SCRA the physical injuries covered by
207]. subdivisions 3 and 4 of said Art. 23.
[Art. 295, RPC].

574
Royalties. All charges based on gross

Robo con homicidio. Sp. Robbery with business or sales, or gross or net profit.
homicide. [US v. Macalalad, 9 Phil. 1]. [Sec. 3, RA 224].
Robo con lesions. Sp. Robbery with Royalty. Any payment over and above
physical injuries. [US v. Lumanlan, GR other existing for the utilization of
10708. Sep. 24, 1915]. minerals within a mineral reservation,
indigenous cultural community, or in
Robo en cuadrilla. Sp. Robbery in an areas covered by small-scale mining.
armed band. [US v. Dela Cruz, GR 4740. [Sec. 4, DENR Admin. Order 95-23].
Nov. 18, 1908].
Rueda. The ring of a cockpit. [Morenos
Robo en cuadrilla con homicidio y Law Dict., 2000 Ed., p. 418].
lesiones. Sp. Robbery in an armed
band, with homicide and physical Rule. Any agency statement of general
injuries. [US v. Pindong, GR 5220. Aug. applicability that implements or
18, 1909]. interprets a law, fixes and describes the
procedures in, or practice requirements
ROI. Return on investment. of, an agency, including its regulations.
The term includes memoranda or
Roman candle. A sparkler similar to a statements concerning the internal
"fountain" but shaped like a big candle. administration or management of an
[Sec. 2, RA 7183]. agency not affecting the rights of, or
procedure available to, the public. [Sec.
Rombergs Test. A test to determine 2, Chap. 1, Book VII, EO 292].
whether a person is intoxicated. He is
asked to stand with feet together and to Rule against perpetuities. See
close his eyes. Normally, this would Perpetuities, rule against.
have no effect on a person who is
sober. But if he is intoxicated, the Rule making. An agency process for the
tendency is for him to swing from side formulation, amendment, or repeal of a
to side. Sometimes he would fall. rule. [Sec. 2, Chap. 1, Book VII, EO
[Morenos Law Dict., 2000 Ed., p. 418]. 292].
Rooming-in. The practice of placing the Rule making power. See Quasi-
newborn in the same room as the legislative power.
mother right after delivery up to
discharge to facilitate mother-infant Rule of barrier between the
bonding and initiate breastfeeding. The legitimate family and illegitimate
infant may either share the mother's or Iron curtain rule. Succ. The rule
bed or be placed in a crib beside the that the an illegitimate child has no right
mother. [Sec. 3, RA 7600]. to inherit ab intestato from the
legitimate children and relatives of his
Roster. A list of persons qualified to father or mother; nor shall such children
provide ADR services as neutrals or to or relatives inherit in the same manner
serve as arbitrators. [Sec. 3, RA 9285]. from the illegitimate child. [Art. 992,
CC]. Also known as Iron curtain rule.
ROTC. See Reserve Officers' Training
Corps. Rule of double share for full blood
collaterals. Succ. The rule that when
Row house. A single-family attached full and half-blood brothers and sisters,
dwelling containing three or more nephews and nieces survive, the former
separate living units designed in such a shall take a portion in the inheritance
way that they abut each other at the double that of the latter. [Claridades, A.,
sides, as in a row, and are separated Compilation of Notes, 2001-2006].
from each other by party walls: provided
with independent access, services, and Rule of equal division. Succ. The rule
use of land. [Sec. 3, BP 220]. that the relatives of the same degree

575
shall inherit in equal shares. [Art. 962, Rulings. Exposition of law or legal
CC]. reasons upon which the courts rest their
judgment. [Jamil v. Comelec, GR
Rule of law. It simply means that no one 123648. Dec. 15, 1997, citing Words &
is above the law. All persons regardless Phrases, Vol. 37A, p. 568]
of status, wealth, creed, political
persuasion and color of their skin are Run-away shop. Labor. An unfair labor
entitled to due process of law. [Suarez, practice of management which usually
Pol. Law Reviewer, 1st Ed., 2002, p. 49]. takes place by effecting the transfer of
ownership, the plant itself, or its
Rule of majority. Also Majority rule. equipment and machines purposely to
Pol. Law. The will of the greater number bust the union or to evade payment of
of people, whether referring to the its legitimate obligations. In other
citizens of the Philippines who choose words, the shop is put up to achieve an
their representatives, or to a number of illegal purpose. [Poquiz, Labor Rel. Law,
people in a community or organization, 1999 Ed. p. 155].
who choose their officers. [Suarez, Pol.
Law Reviewer, 1st Ed., 2002, p. 57]. Running and test inventory. An
inventory of property made upon order
Rule of preference between lines. of the local chief executive at any time
Succ. The rule that those in the direct to ascertain the correctness of the
descending line shall exclude in the property records of the unit. [IRR on
succession those in the direct ascending Supply & Prop. Mgt., per Sec. 383,
and collateral lines, and those in the LGC].
direct ascending line shall, in turn,
exclude those in the collateral line. Running policy. Ins. A policy of
[Jurado, Comments & Jurisp. on insurance which contemplates
Succession, 1991 8th Ed., p. 379]. successive insurances, and which
provides that the object of the policy
Rule of proximity. Succ. The rule that may be from time to time defined,
the relatives nearest in degree to the especially as to the subjects of
decedent shall exclude the more distant insurance, by additional statements or
ones, except when there is right of indorsements. [Sec. 62, IC].
representation. [Jurado, Comments &
Jurisp. on Succession, 1991 8th Ed., pp. Run-off election. An election between
379-380]. the labor unions receiving the two (2)
higher number of voters when a
Rules. Established standards, guides, or certification election which provides for
regulations set up by authority. three (3) or more choices results in no
[Glossary of Legal Terms (Pro-Se), choice receiving a majority of the valid
2004]. votes cast, where the total number of
votes for all contending unions is at
Rules of Court. Regulations governing least fifty percent (50%) of the number
practice and procedure in the various of votes cast. [Sec. 1, Rule 1, Book 5,
courts. [Claridades, A., Compilation of IRR of LC].
Notes, 2001-2006].
Rural banks. Banks duly organized
Rules of evidence. Standards governing under RA 720 with authority to operate
whether evidence in a civil or criminal under existing laws. [Sec. 4, RA 7607].
case is admissible. [Glossary of Legal
Terms (Pro-Se), 2004]. Rural Banks Act of 1992. RA 7353
entitled An Act providing for the
Ruling. A judicial or administrative creation, organization and operation of
interpretation of a provision of a statute, rural banks, and for other purposes
order, regulation or ordinance. [Jamil v. enacted on Apr. 2, 1992.
Comelec, GR 123648. Dec. 15, 1997,
citing Black's Law Dict., p. 1197]. Rural industrialization. The process by
which the economy is transformed from
one that is predominantly agricultural to

576
one that is dominantly industrial and

service-oriented. [Sec. 4, RA 8435].
-S-
Sabong. Tag. Cockfight. [Claridades, A.,
Sabungan. Tag. Cockpit. [People v.

Aleta, GR L-40694. Aug. 31, 1976].
Sadism. Legal Med. The sexual

enjoyment a person receives from
inflicting actual physical or psychological
suffering on a sexual partner. [Olarte,
Legal Med., 1st Ed. (2004), p. 115].
Compare with Masochism.
Safe conduct pass. Intl. Law. A pass

given to enemy nationals or vessels
allowing passage between defined
points. This is given either by the
belligerent government itself or the
commander of the area which it is
effective. [Cruz, Intl. Law Reviewer,
1996 Ed., p. 143].
Safe place or shelter. Any home or

institution maintained or managed by
the DSWD or by any other agency or
voluntary organization accredited by the
DSWD for the purposes of RA 9262 or
any other suitable place the resident of
which is willing temporarily to receive
the victim. [Sec. 3, RA 9262].
Salary. A fixed compensation for regular

work or for continuous service rendered
over a period of time [Moreno's Phil.
Law Dict., 3rd Ed., p. 852 citing Lee Tee
v. Ching Chiong, 17518-R, Jan. 13,
1959].
Salary-ceiling-method. A method used

in legislation involving the adjustment of
the minimum wage whereby the wage

577
adjustment is applied to employees

receiving a certain denominated salary Sale by description. A transaction in
ceiling. [ECOP v. NWPC, GR 96169. Sep. which the merchandise is described in
24, 1991, quoting NWPC's Order of Nov. detail and the bulk must correspond to
6, 1990]. Compare with Floor-wage the description. [Torres, Oblig. & Cont.,
method. 2000 Ed., p. 354].
Salary or wage adjustment. A salary Sale by sample. It occurs when the

or wage increase towards the minimum buyer is shown a sample of the
of the grade, or an increase from a non- merchandise he is buying. When the
prescribed rate to a prescribed rate merchandise is delivered, the bulk must
within the grade. [Sec. 3, PD 985]. correspond in quality to the sample.
Salary or wage schedule. A numerical 354].
structure in the Compensation System
consisting of several grades, each grade Sale in bulk. See Bulk sale.
with multiple steps with a percentage
differential throughout the pay table. A Sale on credit. A sale where the seller
classified position is assigned a retains the original of the invoice in his
corresponding grade in the Schedule. possession, and the delivery thereof to
[Sec. 3, PD 985]. the buyer is made only when the latter
has discharged his obligation.
Salary or wage step increment. An [Claridades, A., Compilation of Notes,
increase in salary or wage from one step 2001-2006].
to another step within the grade from
the minimum to maximum. Also known Sale on trial. A contract of sale which
as Within grade increase. [Sec. 3, PD rests entirely on the character or quality
985]. of the goods, vis--vis a contract of sale
or return which hinges wholly on the
Salary Standardization Act. RA 6758. option of the buyer. [Claridades, A.,
See Compensation and Position Compilation of Notes, 2001-2006].
Classification Act of 1989.
Sale or distribution. An act made by a
Salaysay. Tag. 1. Statement. [Julio v. manufacturer or seller, or their
Dalandan, GR L-19012. Oct. 30, 1967]. respective representative or agent, to
2. Sworn statement. [People v. Ilarde, make available consumer products,
GR L-58595. Oct. 10, 1983]. 3. services or credit to the end consumers
Narration. [Belvis III v. CA, GR L-38907. under a consumer sale transaction. It
Nov. 14, 1988]. shall not include sampling or any
distribution not for sale. [Art. 4, RA
Salbahe. Tag. Ill-mannered. [People v. 7394].
Catanyag, GR 103974. Sep. 10, 1993].
Sale or exchange of services. The
Sale. A contract whereby one of the performance of all kinds of services in
contracting parties obligates himself to the Philippines for others for a fee,
transfer the ownership and to deliver a remuneration or consideration, including
determinate thing, and the other to pay those performed or rendered by
therefor a price certain in money or its construction and service contractors;
equivalent. [Art. 1458, CC]. stock, real estate, commercial, customs
and immigration brokers; lessors of
Sale at retail. Elements: (a) The seller property, whether personal or real;
should be habitually engaged in selling; warehousing services; lessors or
(b) the sale must be direct to the distributors of cinematographic films;
general public; and (c) the object of the persons engaged in milling, processing,
sale is limited to merchandise, manufacturing or repacking goods for
commodities or goods for consumption. others; proprietors, operators or
[Marsman & Co., Inc. v. First Coconut keepers of hotels, models, resthouses,
Central Co., Inc., GR L-39841. June 20, pension houses, inns, resorts;
1988]. proprietors or operators of restaurants,

578
refreshment parlors, cafes and other condominium project. A contract to sell,

eating places, including clubs and a contract of purchase and sale, an
caterers; dealers in securities; landing exchange, an attempt to sell, an option
investors; operators of taxicabs; utility of sale or purchase, a solicitation of a
cars for rent or hire driven by the sale, or an offer to sell, directly or by an
lessees (rent-a-car companies), tourist agent, or by a circular, letter,
buses; and other common carriers by advertisement or otherwise. [Sec. 2, PD
land, air, and sea relative to their 957].
transport of goods or cargoes; services
of franchise grantees of telephone and Sales invoice. A detailed statement of
telegraph, radio and television the nature, quantity and cost of the
broadcasting and all other franchise thing sold and has been considered not
grantees except those under Sec. 117 of a bill of sale. [P.T. Cerna Corp. v. CA,
the National Internal Revenue Code; GR 91622. Apr. 6, 1993].
services of banks, non-bank financial
intermediaries and finance companies; Sales load. The difference between the
and non-life insurance companies price of a security to the public and that
(except their crop insurances) including portion of the proceeds from its sale
surety, fidelity and indemnity and which is received and invested or held
bonding companies; and similar services for investment by the issuer, less any
regardless of whether or not the portion of such difference deducted for
performance thereof calls for the trustee's or custodian's fees, insurance
exercise or use of the physical or mental premiums, issue taxes, or administrative
faculties. [Sec. 102, NIRC, as amended expenses or fees which are not properly
by RA 7716]. chargeable to sales or promotional
activities. In the case of a periodic
Sale or pledge of mortgaged payment plan certificate, sales load
property. Crim. Law. The felony includes the sales load on any
committed by any mortgagor who shall investment company securities in which
sell or pledge personal property already the payments made on such certificate
pledged, or any part thereof, under the are invested, as well as the sales load
terms of the Chattel Mortgage Law, on the certificate itself. [Sec. 3, RA
without the consent of the mortgagee 2629].
written on the back of the mortgage and
noted on the record hereof in the office Salesman. A natural person, employed
of the Register of Deeds of the province as such as an agent, by a dealer, issuer
where such property is located. [Art. or broker to buy and sell securities.
319, RPC]. [Sec. 3, RA 8799].
Sale or return. A contract of sale Sales promotion. Techniques in-tended

whereby the goods object of the sale for broad consumer participation which
are delivered to the buyer who thereby contain promises of gain such as prizes,
acquires ownership thereof, but he may in cash or in kind, as reward for the
revest the ownership in the seller by purchase of a product, security, service
returning or tendering the goods within or winning in contest, game,
the time fixed in the contract, or, if no tournament and other similar
time has been fixed, within a reasonable competitions which involve
time. Under this kind of sale, the buyer determination of winner/s and which
is given an option to return the goods utilize mass media or other widespread
instead of paying the price. [Diaz, Bus. media of information. It also means
Law Rev., 1991 Ed., p. 121, citing Art. techniques purely intended to increase
1502, CC]. the sales, patronage and/or goodwill of
a product. [Art. 4, RA 7394].
Sale or sell. Every disposition, or attempt
to dispose, for a valuable consideration, Sale with pacto de retro. One where
of a subdivision lot, including the the vendor reserves the right to
building and other improvements repurchase the thing sold with the
thereof, if any, in a subdivision project obligation to comply with the stipulation
or a condominium unit in a of the contract, and to refund the price,

579
the necessary and useful expenses Salvage Law, The. Act 2616 enacted on
incurred on the thing, the expenses of Feb. 4, 1916.
the contract and other legitimate
payments made by the vendee by Salvage zone. An easement on the
reason of the sale. [Morenos Law Dict., riparian property or lands bordering the
2000 Ed., p. 423]. sea or river that covers 20 meters from
the coastline boundary inward to give
Sale with right to repurchase. A sale the people the right of passage and the
whereby the title and ownership of the right to use the place in case of bad
property sold are immediately vested in weather and by shipwreck of bancas or
the vendee a retro within the period vessels in distress. It is an easement of
stipulated. Failure to perform said public use in the general interest of
resolutory condition vests upon the recreation, passage, fishing and salvage.
vendee by operation of law absolute [Morenos Law Dict., 2000 Ed., p. 424].
title or ownership over the property
sold. [Albano, Civil Law Reviewer, Rev. Same offense. Identical offense or any
Ed., p. 356]. attempt to commit the same or
frustration thereof or any offense which
Salting of foreign exchange. The necessarily includes or is necessarily
crime committed by any person included in the offense charged in the
engaged in the business of exporting former complaint or information. [Perez
who shall underdeclare or undervalue v. CA, GR L-80838. Nov. 29, 1988].
his exports, either as to price or
quantity, or any person engaged in the Sanction. 1. The whole or part of a
business of importation who shall prohibition, limitation or other condition
overvalue or overdeclare his affecting the liberty of any person; the
importations, either as to price or withholding of relief; the imposition of
quantity, for the purpose of salting and penalty or fine; the destruction, taking,
retaining foreign exchange abroad in seizure or withholding of property; the
violation of existing laws and Central assessment of damages,
Bank rules and regulations. [Sec. 2, PD reimbursement, restitution,
1883]. See Blackmarketing of compensation, cost, charges or fees; the
foreign exchange. revocation or suspension of license; or
the taking of other compulsory or
Salt iodization. The addition of iodine to restrictive action. [Sec. 2, Chap. 1, Book
salt intended for human or animal VII, EO 292]. 2. A very unusual word
consumption in accordance with with two contradictory meanings. To
specifications as to form, fortificant, sanction can mean to ratify or to
method, manner and composition as approve but it can also mean to punish.
may be prescribed by the BFAD. [Sec. 4, The sanction of a crime refers to the
RA 8172]. actual punishment, usually expressed as
a fine or jail term. [Duhaime's Legal
Salus populi suprema est lex. Lat. The Dict., 2004].
welfare of the people is the supreme
law. [Lim v. Pacquing, GR 115044. Jan. Sandiganbayan. A special court created
27, 1995]. under PD 1606, as amended, which
exercises jurisdiction over (a)
Salvage. The compensation allowed to violations of RA 3019, as
persons by whose assistance a ship or amended, otherwise, known as the Anti-
her cargo has been saved, in whole or Graft and Corrupt Practices Act, and RA
in part, from impending peril on the sea, 1379; (b) crimes committed by public
or in recovering such property from officers and employees including those
actual loss, as in case of shipwreck, employed in government-owned or
derelict, or recapture. [Blackwall v. controlled corporations, embraced in
Saucelito Tug Co., 10 Wall. 1, 12, cited Title VII of the Rev. Penal Code,
in Erlanger & Galinger v. Swedish East whether simple or complexed with other
Asiatic Co., Ltd., 34 Phil. 178]. crimes; and (c) other crimes or offenses
committed by public officers or
employees, including those employed in

580
government-owned or controlled Satellite newsgathering. The use of

corporations, in relation to their office. either transportable Fixed Satellite
Service earth stations or Mobile Satellite
Sangkap Pinoy Seal Program (SPSP). Service earth stations to provide
A strategy to encourage food temporary communications services for
manufacturers to fortify processed foods news media organizations covering
or food products with essential nutrients news events such as summits,
at levels approved by the DOH. The conferences or disasters. [Sec.3, EO
fundamental concept of the program is 467, s. 1998].
to authorize food manufacturers to use
the DOH seal of acceptance for Satisfaction. Remedy in international
processed foods or food products, after law that provides for the honor of an
these products passed a set of defined injured state to be restored. [Intl. Law
criteria. The seal is a guide used by Dict. & Direct., 2004].
consumers in selecting nutritious foods.
[Sec. 3, RA 8976]. Satisfaction of a judgment. The
payment of the amount of the writ, or a
Sangla. Also Sanla. Tag. In some lawful tender thereof, or the conversion
Tagalog provinces, the word means by sale of the debtor's property into an
"bilihang mabibiling muli" or "pacto de amount equal to that due, and, it may
retro." By this contract, the vendee-a- be done otherwise than upon an
retro takes possession of the property execution. [PAL v. CA, GR 49188. Jan.
as owner until the same is repurchased 30, 1990].
or redeemed. [Aguinaldo v. Esteban, GR
L-27289. Apr. 15, 1985]. Saturday account system. A custom,
business practice and usage among
Sanglaan. Also Sanlaan. Tag. A word merchants of Chinese descent whereby
that is used to mean only either a customer could order goods on credit
mortgage or pledge, and never a sale or and a collector is sent to him on
a pacto de retro sale. [Perfecto, Saturday. Payment may or may not be
dissenting opinion, Lim v. Calaguas, GR made by said customer. In other words,
L-2031. May 30, 1949]. the obligation is one which does not
provide for a definite or specific term.
Sanitary engineering, practice of. The [Morenos Law Dict., 2000 Ed., p. 425].
practice of sanitary engineering shall
embrace the following activities: (a) Satyriasis. Legal Med. The excessive
sanitary surveys, reports, design, sexual desire in men. [Olarte, Legal
direction, management, consultation, Med., 1st Ed. (2004), p. 115]. Compare
and investigation of: (a) water with Nymphomania.
purification plants, water collection and
distribution systems, reservoirs, Sauna bath attendant. A person who
drainage and sewer systems, sewage applies the proper technique of giving
treatment plants, malaria control steam bath to customers. [Sec. 59, PD
structures, sewage disposal tanks, and 856].
other structures for public health and
welfare; (b) projects relating to stream Sauna bath establishment. An
pollution, insect and vermin control or establishment where customers are
eradication, rural and camp sanitation, exposed to steam which is generated by
and milk and food sanitation; (c) sprinkling water on hot stones or by
systems for the prevention of some other means. [Sec. 59, PD 856].
atmospheric pollution or the control of
indoor air, especially the air or working Saving clause. That part of the statute
spaces in industrial establishments which restricts a repealing act and
(industrial hygiene engineering); and (d) preserve existing powers, rights and
Professional research and laboratory pending proceedings from the effects of
work supporting the activities listed in the repeal. [Suarez, Stat. Con., (1993),
subsection (a). [Sec. 2, RA 1364]. p. 50].

581
Savings and loan association. Any the human body. [Morenos Law Dict.,
corporation engaged in the business for 2000 Ed., p. 425].
accumulating the savings of its
members or stockholders, and using Schistosoma haematobium. A kind of
such accumulations, together with its parasitic worm. [Capacio v. Rep., GR L-
capital in the case of a stock 45484. Apr. 8, 1988].
corporation, for loans and/or for
investment in the securities of Schizophrenia. 1. A chronic mental
productive enterprises or in securities of disorder characterized by inability to
the Government, or any of its political distinguish between fantasy and reality,
subdivisions, instrumentalities or and often accompanied by hallucinations
corporations: Provided, That they shall and delusions. Formerly called
be primarily engaged in servicing the dementia praecox, it is said to be the
needs of households by providing most common form psychosis and
personal finance and long-term usually develops between the ages 15
financing for home building and and 30. [People v. Pascual, GR 95029.
development. [Sec. 3, RA 3779]. Mar. 24, 1993, citing Encyc. & Dict. of
Medicine & Nursing, Miller-Keane, p.
Sawmill. A wood processing plant or 860]. 2. A serious mental disorder
implement operated mechanically and characterized by loss of contact with
installed in a fixed site or mobile carrier reality (psychosis), hallucinations,
where coconut wood, log or timber is delusions (false beliefs), abnormal
cut, treated, sawn or ripped into lumber, thinking and disrupted work and social
slabs and other wood products of any functioning. [Olarte, Legal Med., 1st Ed.
size or form such as poles, piles wall (2004), p. 144].
wood, boards, pulp, or other finished
coconut wood product. [Sec. 3, PCA Schizophrenic. A person with a split
Admin. Order 1-95]. personality that withdraws him from
reality and renders him incapable of
Saya. Tag. Skirt. [US v. Ramos, GR understanding what he is doing. [People
10832. Dec. 11, 1916]. v. Capitin, GR L-49118. Aug. 30, 1988].
SBF. See Subic Bay Freeport. School. 1. An institution for learning in

the elementary, secondary or tertiary
SBMA. See Subic Bay Metropolitan level comprised of the studentry,
Authority. administration, faculty and non-faculty
personnel. [Sec. 3, RA 7079]. 2. Any
Scab. A person who works for lower educational institution, private or public,
wages than or under conditions contrary undertaking educational operation for
to those prescribed by a trade union; pupils/students pursuing certain studies
also one who takes the place of a at defined levels, receiving instructions
workingman on a strike. Non-union from teachers, usually located in a
workers who pass through union picket building or a group of buildings in a
line. A worker who works under non- particular physical or cyber site. [Sec 3,
union conditions. [Blacks Law Dict., Abr. RA 9165]. 3. An educational institution,
5th Ed. (1983), p. 699]. private and public, undertaking
educational operation with a specific
Scandal. Any reprehensible word or deed age-group of pupils or students pursuing
that offends public conscience, defined studies at defined levels,
redounds to the detriment of the receiving instruction from teachers,
feelings of honest citizens and gives usually located in a building or a group
occasion to the neighbors spiritual of buildings in a particular physical or
damage or ruin. [Gregorio, Fund. of cyber site. [Sec. 4, RA 9155].
Crim. Law Rev., 1997 9th Ed., p. 889].
School administrators. All persons
Scanning. A process whereby medical occupying policy implementing positions
services are extended through highly having to do with the functions of the
advanced x-ray forms of examination of school in all levels. [Sec. 6, BP 232].

582
School fees, other. All miscellaneous qualified and productive scientific

fees charged to be charged by private personnel. [EO 901, July 19, 1983].
schools, colleges and universities as
embodied in their respective Score. 1. In street language, it means
prospectuses, bulletins of information, desire to buy drugs. [People v. Pablo,
or catalogues, which are collected and GR 105326. Dec. 28, 1994]. 2. In the
earmarked for certain specified parlance of those engaged in the illegal
purposes pursuant to existing laws, trade in drugs, the word means "buy.
rules and regulations. [Sec. 1, Rule II, [GR 97930. May 27, 1992].
PD 451].
Scout. Intl. Law. Soldiers not in disguise
School head. A person responsible for who have penetrated into the zone of
the administrative and instructional operations of a hostile army to obtain
supervision of the school or cluster of information but are not considered as
schools. [Sec. 4, RA 9155]. spies. [Cruz, Intl. Law Reviewer, 1996
Ed., p. 138].
School levels. Elementary, secondary,
and collegiate levels, excluding free SCRA. See Supreme Court Re-ports
school and postgraduate courses. [Sec. Annotated.
1, PD 577].
Scrap. Manufactured articles or parts
Schools. Duly established institutions of rejected for imperfection or discarded
learning or educational institutions. because of excessive wear or lack of
[Sec. 26, BP 232]. demand and useful only as raw material
for reprocessing. [Napocor v. CA, GR
School year. The total of two (2) 122195. July 23, 1998, citing Websters
semesters [or three (3) trimesters, or 3rd Intl. Dict. 2039 (3rd Ed., 1971).
four (4) quarterms, as the case may be]
and one (1) summer. Screening test. A rapid test performed
to establish potential/ presumptive
Scienter. Lat. Knowledge. 1. Required in positive result. [Sec 3, RA 9165].
Arts. 162, 165, 187, 188 (2) and (4),
244, 316 (2), 319 (1), 333, 335 (2) and Scriptory credit. Credit appearing in a
350 of the Rev. Penal Code. 2. In legal public instrument or final judgment.
situations, the word is usually used to [Morenos Law Dict., 2000 Ed., p. 426].
refer to guilty knowledge". For
example, owners of vicious dogs may be Sea farming. The stocking of natural or
liable for injuries caused by these dogs hatchery-produced marine plants or
if they can prove the owner's "scienter" animals, under controlled conditions, for
(i.e., that the owner was aware, before purposes of rearing and harvesting, but
the attack, of the dog's vicious not limited to commercially-important
character). [Duhaime's Legal Dict., fishes, mollusks (such as pearl and giant
2004]. clam culture), including seaweeds and
seagrasses. [Sec. 4, RA 8550].
Scientific and technological activities
(STA). All systematic activities which Seal. 1. Any of various closures or
are closely concerned with the fastenings that cannot be opened
generation, advancement, without rupture and that serve as a
dissemination, and application of check against tampering or
scientific and technical knowledge in all unauthorized opening. [Syquia v. CA.
fields of natural science and technology. GR 98695. Jan. 27, 1993, citing
[Sec. 3, RA 8439]. Webster's 3rd Intl. Dict.. pp. 2046
(1970)]. 2. v. To mark a document with
Scientific career system (SCS). A a seal; to authenticate or make binding
system of recruitment, career by affixing a seal. Court seal, corporate
progression, recognition and reward of seal. [Glossary of Legal Terms (Pro-Se),
scientists in the public service as a 2004].
means of developing a pool of highly

583
Seaman. Any person employed in a made necessary because of a public

vessel engaged in maritime navigation. necessity. [Malaloan v. CA, GR 104879.
[Art. 13, LC]. May 6, 1994]. 3. A written order issued
by a judge that directs a law
Sea ranching. The release of the young enforcement officer to search a specific
of fishery species reared in hatcheries area for a particular piece of evidence.
and nurseries into natural bodies of [Glossary of Legal Terms (Pro-Se),
water for subsequent harvest at 2004]. Compare with Warrant of
maturity or the manipulation of fishery arrest.
habitat, to encourage the growth of the
wild stocks. [Sec. 4, RA 8550]. Search warrants maliciously
obtained and abuse in the service
Searching domicile without of those legally obtained. The act of
witnesses. Crim. Law. The felony any public officer or employee who shall
committed by a public officer or procure a search warrant without just
employee who, in cases where a search cause, or, having legally procured the
is proper, shall search the domicile, same, shall exceed his authority or use
papers or other belongings of any unnecessary severity in executing the
person, in the absence of the latter, any same.
member of his family, or in their default,
without the presence of two witnesses Seashore park. Any public shore area
residing in the same locality. [Art. 130, delimited for outdoor recreation, sports
RPC]. fishing, water skiing and related
healthful activities. [Sec. 3, PD 705].
Searching inquiry. Rem. Law. Under the
Rules (of Court), it means more than Seasonal employment. Labor. An
informing cursorily the accused that he employment where an employee is
faces a jail term (because the accused is engaged to work during a particular
aware of that) but so also, the exact season on an activity that is usually
length of imprisonment under the law necessary or desirable in the usual
and the certainty that he will serve time business or trade of the employer.
at the national penitentiary or a penal [Poquiz, Labor Rel. Law, 1999 Ed. p.
colony. [People v. Dayot, GR 88281. 317].
July 20, 1990].
Seasonal farmworker. A natural person
Searching questions and answers. who is employed on a recurrent,
Such questions as have tendency to periodic or intermittent basis by an
show the commission of a crime and the agricultural enterprise or farm, whether
perpetrator thereof, taking into as a permanent or a non-permanent
consideration the purpose of the laborer, such as "dumaan", "sacada",
preliminary examination which is to and the like. [Sec. 3, RA 6657].
determine "whether there is a
reasonable ground to believe that an Seat belt device. Any strap, webbing or
offense has been committed and the similar device in the form of pelvic
accused is probably guilty thereof so restraint or lap belt, upper torso
that a warrant of arrest may be issued restraint or shoulder strap or a
and the accused held for trial." [Luna v. combination thereof designed to secure
Plaza, GR L-27511. Nov. 29, 1968]. a person in a motor vehicle in order to
mitigate the results of any accident,
Search warrant. 1. An order in writing including all necessary buckles and
issued in the name of the People of the other fasteners, and all hardware
Philippines signed by a judge and designed for installing such seat belt
directed to a peace officer, commanding device in a motor vehicle. [Sec. 3, RA
him to search for personal property and 8750].
bring it before the court. [Sec. 1, Rule
126, RoC]. 2. A search warrant is in the Seaworthy. A ship which is reasonably
nature of a criminal process akin to a fit to perform the service and to
writ of discovery. It is a special and encounter the ordinary perils of the
peculiar remedy, drastic in nature, and

584
voyage contemplated by the parties to unavailability, without bad faith on his

the policy. [Sec. 114, IC]. part, loss or destruction, or
unavailability, without bad faith on his
Second. The base unit of time which is part, may prove its contents in some
the duration of 9 192 631 770 periods of authentic document, or by the
the radiation corresponding to the testimony of witnesses in the order
transition between the two hyperfine stated. [Sec. 5, Rule 130, RoC]. 2.
levels of the ground state of the cesium Evidence which is inferior to primary
133 atom. [Sec. 4, BP 8]. evidence and admissible only in the
absence of the latter. [Claridades, A.,
Secondary authority. Legal Compilation of Notes, 2001-2006].
encyclopedias, treatises, legal texts, law Compare with Primary evidence or
review articles, and citators. Writings Best evidence.
which set forth the opinion of the writer
as to the law. [Glossary of Legal Terms Secondary franchise. See Special
(Pro-Se), 2004]. franchise.
Secondary beneficiaries. The Secondary liability. See Subsidiary

dependent parents and, subject to the liability.
restrictions imposed on dependent
children, the illegitimate children and Secondary meaning doctrine. A word
legitimate descendants. [Art. 167, LC]. or phrase originally incapable of
Compare with Primary beneficiaries. exclusive appropriation with reference to
an article in the market, because
Secondary canal. The channel geographical or otherwise descriptive
connected to the main canal which might nevertheless have been used so
distributes irrigation to specific areas. long and so exclusively by one producer
[Sec. 4, RA 8435]. with reference to this article that, in that
trade and to that group of the
Secondary cataract. Also After- purchasing public, the word or phrase
cataract. A cataract which occurs after has come to mean that the article was
certain forms of cataract extractions. his produce. [Ang v. Teodoro, 74 Phil.
[Jarillo v. ECC, GR L-52058. Feb. 25, 56].
1982].
Secondary mortgage institution
Secondary compulsory heirs. Heirs (SMI). An entity created for the
who may be excluded by other purpose of enhancing a secondary
compulsory heirs. They embrace only market for residential mortgages and
parents or ascendants. [Jurado, housing-related asset-backed securities
Comments & Jurisp. on Succession, (ABS). [Sec. 3, RA 9267].
1991 8th Ed., p. 236]. See Primary
compulsory heirs. Secondary processing. The physical
transformation of semi-processed
Secondary education. The state of agricultural or fishery pro-ducts. [Sec. 4,
formal education following the RA 8435].
elementary level concerned primarily
with continuing basic education and Second class ricelands. Those which
expanding it to include the learning of yield forty (40) cavans or less, the same
employable gainful skills, usually to be computed upon the normal
corresponding to four years of high average harvest of the three preceding
school. [Sec. 20, BP 232]. years. [Sec. 14, RA 2263].
Secondary evidence. Also Second reading of a bill. The reading in

Substitutionary evidence. 1. The rule full of the bill with the amendments
of evidence that when the original proposed by the committee, if any.
document has been lost or destroyed, or [Tolentino v. Sec. of Finance, GR
cannot be produced in court, the 115455. Aug. 25, 1994].
offeror, upon proof of its execution or
existence and the cause of its

585
Secrecy of Bank Deposits Law. RA special interest and concerns of their

1405 entitled An Act prohibiting sector. [Sec. 3, RA 7941].
disclosure of or inquiry into, deposits
with any banking institution and Sectoral representation. The term
providing penalty therefor enacted on implies that the person to be appointed
Sep. 9, 1955. must possess the necessary
qualifications to represent that particular
Secretariat. The chief administrative sector. At the very least, the appointee
organ of the United Nations which is must actually belong to the sector which
headed by a Secretary General. [Cruz, he purports to represent, otherwise
Intl. Law Reviewer, 1996 Ed., p. 35]. there can be no true representation.
[Supangan v. Santos, GR 89072. Aug.
Secretary-General. The head of the 24, 1990].
United Nations Secretariat chosen by
the General Assembly upon the Secured debts. In bankruptcy, a debt is
recommendation of the Security Council. secured if the debtor gave the creditor a
His term is fixed at five years by right to repossess the property or goods
resolution of the General Assembly, with used as collateral. [Glossary of Legal
re-election. [Cruz, Intl. Law Reviewer, Terms (Pro-Se), 2004].
1996 Ed., p. 35].
Securities. 1. Shares, participation or
Secret keys. A characteristics style or interests in a corporation or in a
symbols kept from the knowledge of commercial enterprise or profit-making
others or disclosed confidentially to but venture and evidenced by a certificate,
one of few. [Sec. 42, RA 5921]. contract, instruments, whether written
or electronic in character. [Sec. 3, RA
Secret marriage. A legally non-existent 8799]. 2. Shares of stock in a
phrase but ordinarily used to refer to a corporation and rights to subscribe for
civil marriage celebrated without the or to receive such shares. The term
knowledge of the relatives and/or includes bonds, debentures, notes or
friends of either or both of the certificates, or other evidence of
contracting parties. [Rep. v. CA, GR indebtedness, issued by any
103047. Sep. 2, 1994]. corporation, including those issued by a
government or political subdivision
Secret partner. A partner whose thereof, with interest coupons or in
connection with the firm is kept secret. registered form. [Sec. 22, NIRC, as
[Suarez, Intro. to Law, 1995 3rd Ed., p. amended]. 3. Written evidences of
120]. ownership, interest, or participation, in
an enterprise, or written evidences of
Secret partnership. A common law indebtedness of a person or enterprise.
partnership in which the participation of It includes, but is not limited to the
one or more persons as partners is not instruments enumerated in Sec. 2 of the
disclosed to the public by any of the Securities Act (CA 83, as amended).
partners. All of the partners have [Sec. 3, PD 129].
unlimited personal liability. [Intl. Law
Dict. & Direct., 2004]. Securities and Exchange Commission
(SEC). The national agency - originally
Sectoral organization. A group of created under Commonwealth Act No.
citizens or a coalition of groups of 83 - which supervises and monitors the
citizens who share similar physical securities industry and exercises
attributes or characteristics, jurisdiction and supervision over all
employment, interest or concerns. [Sec. corporations, partnerships or
3, RA 7941]. associations, which are the grantees of
primary franchise and/or a license or
Sectoral party. An organized group of permit issued by the government to
citizens belonging to any of the sectors operate in the Philippines.
enumerated in Sec. 5 of RA 7941 whose
principal advocacy pertains to the Securitization. The process by which
assets are sold on a without recourse

586
basis by the seller to a special purpose promulgation or execution of any law or

entity (SPE) and the issuance of asset- the holding of any popular election; 2.
backed securities (ABS) by the SPE To prevent the National Government, or
which depend, for their payment, on the any provincial or municipal government
cash flow from the assets so sold and in or any public officer thereof from freely
accordance with the plan for exercising its or his functions, or prevent
securitization as approved by the SEC. the execution of any administrative
[Sec. 3, RA 9267]. order; 3. To inflict any act of hate or
revenge upon the person or property of
Security. Any note, stock, treasury stock, any public officer or employee; 4. To
bond, debenture, evidence of commit, for any political or social end,
indebtedness, certificate of interest or any act of hate or revenge against
participation in any profit-sharing private persons or any social class; and
agreement, collateral-trust certificate, 5. To despoil, for any political or social
pre-organization certificate or end, any person, municipality or
subscription transferable share, province, or the National Government,
investment contract, voting-trust of all its property or any part thereof.
certificate, certificate of deposit for a [Art. 139, RPC].
security, fractional undivided interest in
oil, gas, or other mineral rights, or, in Seduction. That (which), in law, is more
general, any interest or instrument than mere sexual intercourse, or a
commonly known as a security or any breach of promise of marriage; it
certificate of interest or participation in, connotes essentially the idea of deceit,
temporary or interim certificate for, enticement, superior power or abuse of
receipt for, guarantee of, or warrant or confidence on the part of the seducer to
right to subscribe to or purchase, any of which the woman has yielded. [US v.
the foregoing. [Sec. 3, RA 2629]. Buenaventura, 27 Phil. 121; US vs
Arlante, 9 Phil. 595].
Security Council. The organ of the
United Nations primarily responsible for Seed tree system. Partial clearcutting
the maintenance of international peace with seed trees left to regenerate the
and security. [Cruz, Intl. Law Reviewer, area. [Sec. 3, PD 705].
1996 Ed., p. 27].
Seisin. The legal possession of property.
Security interest. A property interest in In law, the term refers more specifically
goods, documents or instruments to to the possession of land by a
secure performance of some obligations freeholder. For example, a owner of a
of the entrustee or of some third building has seisin, but a tenant does
persons to the entruster and includes not, because the tenant, although
title, whether or not expressed to be enjoying possession, does not have the
absolute, whenever such title is in legal title in the building. [Duhaime's
substance taken or retained for security Legal Dict., 2004].
only. [Sec. 3, PD 115].
Seizure. The act of taking possession of
Security of tenure. The degree of property, e.g., for a violation of law or
protection afforded to qualified Program by virtue of an execution. The term
beneficiaries against infringement or implies a taking or removal of
unjust, reasonable and arbitrary eviction something from the possession, actual
or disposition, by virtue of the right of or constructive, of another person or
ownership, lease agreement, usufruct persons. [Blacks Law Dict., Abr. 5th Ed.
and other contractual arrangements. (1983), p. 707].
[Sec. 3, RA 7279].
Seizure of evidence in plain view.
Sedition. Crim. Law. The felony Elements: (a) A prior valid
committed by persons who rise publicly intrusion based on the valid warrantless
and tumultuously in order to attain by arrest in which the police are legally
force, intimidation, or by other means present in the pursuit of their official
outside of legal methods, any of the duties; (b) the evidence was
following objects: 1. To prevent the inadvertently discovered by the police

587
who had the right to be where they are; Self-defense. Essential requisites: (a)
(c) the evidence must be immediately unlawful aggression on the part of the
apparent, and (d) "plain view" justified victim, (b) reasonable necessity of the
mere seizure of evidence without further means employed to repel the
search. [People v. Aruta, GR 120915. aggression, and (c) lack of sufficient
Apr. 13, 1998]. provocation on the part of the accused.
[People v. Obzunar, GR 92153. Dec. 16,
Selective logging. The systematic 1996].
removal of the mature, over-mature and
defective trees in such manner as to Self-determination. Intl. Law. The right
leave adequate number and volume of of all peoples to freely determine their
healthy residual trees of the desired political status and freely pursue their
species necessary to assure a future economic, social, and cultural
crop of timber, and forest cover for the development. [Intl. Law Dict. & Direct.,
protection and conservation of soil and 2004].
water. [Sec. 3, PD 705].
Self-employed. 1. A person who works
Self-closing doors. Automatic closing for himself and is therefore both
doors that are designed to confine employee and employer at the same
smoke and heat and delay the spread of time. [Sec. 1, RA 9241]. 2. Persons
fire. [Sec. 3, PD 1185]. engaged in business and who derive
their personal income from such
Self-contradiction. An admission is for a business. This includes single
party-opponent what a self-contradiction proprietorships, i.e., manufacturers,
is to a witness, i.e., a statement made traders, market vendors, owners of
somewhere else, and inconsistent with eateries, farmers and service shops.
his allegations of claim or defense in the [Sec. 2, RA 7496].
case on trial. His two statements being
inconsistent, one or the other must be Self-executing treaty. Intl. Law. A
incorrect; hence a doubt is thrown on treaty containing a term that says that it
his present allegation. He may be able is directly effective within the signatory
to explain away the other and states upon ratification. [Intl. Law Dict.
inconsistent statement; but unless he & Direct., 2004].
does so, the present allegation remains
discredited. [Olave v. CA, GR L-39984. Self-gratification. See Masturbation.
Apr. 30, 1987].
Self-help doctrine. The right of the
Self-dealing director, trustee or owner or lawful possessor of a thing to
officer. A director, trustee or officer exclude any person from the enjoyment
dealing with his own corporation. The and disposal thereof. For this purpose,
contract of such corporation one or he may use such force as may be
more of its director, trustee or officer is reasonably necessary to repel or
rendered voidable at the option of the prevent an actual or threatened
corporation under Sec. 32 of the Corp. unlawful physical invasion or usurpation
Code. of his property. [Art. 429, CC].
Self-defense. 1. Crim. Law. The claim Self-incrimination, right against. 1.

that an act otherwise criminal was The constitutional right of people to
legally justifiable because it was refuse to give testimony against
necessary to protect a person or themselves that could subject them to
property from the threat or action of criminal prosecution. The right is
another. [Glossary of Legal Terms (Pro- guaranteed in under Art. III, Sec. 17 of
Se), 2004]. 2. Intl. Law. The right of a the 1987 Phil. Const. which provides:
state to defend itself when it can show No person shall be compelled to be a
that the use of force in its own defense witness against himself. 2. A protection
is necessary, justified, and proportionate against testimonial compulsion. It
to the seriousness of the circumstances. prohibits the use of physical or moral
[Intl. Law Dict. & Direct., 2004]. compulsion to extort communications
from the accused, not an exclusion of

588
his body as evidence when it may be fabrication of testimony. [Hernandez v.

material. Essentially, the right is meant CA, GR 104874. Dec. 14, 1993].
to avoid and prohibit positively the
repetition and recurrence of the Sell. To dispose of by sale. [Blacks Law
certainly inhuman procedure of Dict., Abr. 5th Ed. (1983), p. 708].
compelling a person, in a criminal or any
other case, to furnish the missing Sell a dangerous drug. The act of
evidence necessary for his conviction. giving a dangerous drug, whether for
[People v. Codilla, GR 100720-23. June money or any other material
30, 1993]. consideration. [Sec. 2, RA 6425].
Self-judging reservation. Intl. Law. A Seller. 1. Consumer Law. A person

reservation that allows a state to engaged in the business of selling
exclude from the jurisdiction of the consumer products directly to
International Court of Justice any consumers. It shall include a supplier or
dispute that it determines is a domestic distributor if (a) the seller is a subsidiary
matter. [Intl. Law Dict. & Direct., 2000]. or affiliate of the supplier or distributor;
(b) the seller interchanges personnel or
Self-serving declarations. 1. Unsworn maintains common or overlapping
statements made by the declarant out officers or directors with the supplier or
of court and which are favorable to his distributor; or (c) the supplier or
interests. [Francisco, Evidence, Vol. VII, distributor provides or exercises
Part 1, 1997 Ed., p. 320]. 2. Self-serving supervision, direction or control over the
declaration is a statement favorable to selling practices of the seller. [Art. 4, RA
the interest of the declarant. It is not 7394]. 2. Securities Law. The person or
admissible in evidence as proof of the entity which conveys to the special
facts asserted. The vital objection to the purpose entity (SPE) the assets forming
admission of this kind of evidence is its the asset pool in accordance with the
hearsay character. Furthermore such plan for securitization as approved by
declarations are untrustworthy; to the SEC. In most instances, the Seller
permit their introduction in evidence may itself be the Originator. [Sec. 3, RA
would open the door to frauds and 9267].
perjuries. [Fitzsimmons v. Atlantic, Gulf
& Pacific Co., GR L-2016. Aug. 23, 1949, Selling of false or mutilated coin,
citing 20 Am. Jur., Evid., Sec. 558, pp. without connivance. Crim. Law. The
470, 471]. Compare with Declaration felony committed by the person who
against interest. knowingly, although without
connivance, shall possess false or
Self-serving evidence. Evidence made mutilated coin with intent to utter the
by a party out of court at one time; it same, or shall actually utter such coin.
does not include a party's testimony as [Art. 165, RPC].
a witness in court. It is excluded on the
same ground as any hearsay evidence, Semen. Legal Med. A viscid, albuminous
that is the lack of opportunity for cross- fluid with faint grayish yellow color and
examination by the adverse party, and fishy odor which transports the sperm
on the consideration that its admission through the vas deferens and the erect
would open the door to fraud and to penis during sexual intercourse. [Olarte,
fabrication of testimony. [Natl. Devt. Co. Legal Med., 1st Ed. (2004), p. 125.
v. Workmen's Compensation Comm., L-
21724, Apr. 27, 1967, 19 SCRA 861]. Semi-commercial carabao
production. The raising of twenty (20)
Self-serving statements. Those made to forty-nine (49) carabaos. [Sec. 3, RA
by a party out of court advocating his 7307].
own interest; they do not include a
party's testimony as a witness in court. Semilla or seedling. A part of the fruit
Self-serving statements are inadmissible of the plant which produces it when it
because the adverse party is not given germinates under proper conditions.
the opportunity for cross-examination, [People v. Mesias, 65 Phil., 267].
and their admission would encourage

589
Semi-precious coral. Skeleton of subject to review by NEDA every three

anthozoan coelenterate characterized by (3) years. [Sec. 2, RA 7432].
a thorny, horny axis, such as the
Antipatharians as represented by the Senior Citizens Center Act of the
black corals. [Sec. 3, PD 1219]. Philippines. RA 7876 entitled An Act
establishing a senior citizens center in
Semisueo. Sp. The legal term to denote all cities and municipalities of the
a person who is half asleep, "semi" Philippines, and appropriating funds
being the prefix meaning "half" or therefor enacted on Feb. 14, 1995.
"partly," and "sueo" being "sleep,
sleeping, drowsiness. [People v. Salarza, Senior encumbrancer. A lien or
Jr., GR 117682. Aug. 18, 1997]. mortgage holder who is superior to
another holder or encumbrancer.
Semolina. The purified middlings of [Claridades, A., Compilation of Notes,
durum or other hard wheat, used for 2001-2006]. Compare with Junior
macaroni and similar edible pastes; encumbrancer.
sezings or course middlings. [Farm
Implement Machinery Co. v. Comm. of Senior lien. A prior lien which has
Customs, GR L-12613. May 30, 1962, precedence as to the property under the
citing Webster's Intl. Dict.]. lien over another lien or encumbrance.
[Blacks Law Dict., Abr. 5th Ed. (1983),
Semper et ubique. Lat. At all times and p. 708]. Compare with Junior lien.
everywhere. [Morenos Law Dict., 2000
Ed., p. 429]. Senior mortgage. A mortgage which is
of superior priority; above those which
Semper praesumitur pro matrimonio. are often referred to as junior
Lat. Always presume marriage. [US v. mortgages. [Blacks Law Dict., Abr. 5th
Villafuerte and Rabano (1905), 4 Phil. Ed. (1983), p. 708]. Compare with
476; Son Cui v. Guepangco, 22 Phil. Junior mortgage.
216; US v. Memoracion and Uri (1916),
34 Phil. 633]. Sentence. 1. The punishment ordered by
a court for a defendant convicted of a
Senile cataract. The most common form crime. [Glossary of Legal Terms (Pro-
of cataract occurring after the age of Se), 2004]. 2. The punishment given to
fifty due to aging or degenerative a person who has been convicted (i.e.,
changes. [Jarillo v. ECC, GR L-52058. found to be guilty) of a crime. It may be
Feb. 25, 1982]. time in jail, community service or a
period of probation. [Duhaime's Legal
Senile dementia. Childishness. In the Dict., 2004].
first stages of the disease, a person may
possess reason and have will power. Sentenciador. Referee. See Referee.
[Torres v. Lopez, GR 24569. Feb. 26,
1926]. Sentencia firme. Sp. Final judgment.
[People v. Satorre, GR L-26282. Aug.
Senile psychosis. The term is not 27, 1976].
always synonymous with insanity as
understood by the laity, for in medicine, Separability clause. A clause which
it signifies only a general weakening of states that if for any reason, any section
a mind previously normal. [Morenos or provision of the statute is held to be
Law Dict., 2000 Ed., p. 430]. unconstitutional, the other section or
provision of the law shall not be affected
Senior citizen. 1. Any person who is at thereby. [Suarez, Stat. Con., (1993), p.
least sixty (60) years of age. [Sec. 3, RA 51].
7876]. 2. Any resident citizen of the
Philippines at least sixty (60) years old, Separate opinion. An opinion written by
including those who have retired from one or more justices that may agree or
both government offices and private dissent from the majority opinion. [Intl.
enterprises, and has an income of not Law Dict. & Direct., 2004].
more than P60,000.00 per annum

590
Separation of property regime. The property and any records pertaining

property relations during marriage thereto may be found, including
where each spouse shall own, dispose "business enterprises and entities,"
of, possess, administer and enjoy his or for the purpose of preventing the
her own separate estate, without need destruction, concealment or dissipation
of the consent of the other. To each of, and otherwise conserving and
spouse shall belong all earnings from his preserving, the same until it can be
or her profession, business or industry determined, through appropriate judicial
and all fruits, natural, industrial or civil, proceedings, whether the property was
due or received during the marriage in truth "ill-gotten," i.e., acquired
from his or her separate property. [Art. through or as a result of improper or
145, FC]. illegal use of or the conversion of funds
belonging to the Government or any of
Separation pay. Labor. 1. A statutory its branches, instrumentalities,
right defined as the amount that an enterprises, banks or financial
employee receives at the time of his institutions, or by taking undue
severance from the service and is advantage of official position, authority,
designed to provide the employee with relationship, connection or influence,
the wherewithal during the period that resulting in unjust enrichment of the
he is looking for another employment. ostensible owner and grave damage and
[Aquino v. NLRC, GR 87653, Feb. 11, prejudice to the State. [Bataan Shipyard
1992, 206 SCRA 118]. 2. The amount Engg. Co. Inc. v. PCGG, GR 75885. May
that an employee receives at the time of 27, 1987].
his severance from the service and is
designed to provide the employee with Sequestration. 1. The seizure of private
"the wherewithal during the period that property or assets in the hands of any
he is looking for another employment. person or entity in order to prevent the
[Santos v. NLRC, GR L-76721. Sep. 21, utilization, transfer or conveyance of the
1987]. same for purposes inimical to national
security, or when necessary to protect
Septage. The sludge produced on the interest of the Government or any of
individual onsite wastewater disposal its instrumentalities. It shall include the
systems, principally septic tanks and taking over and assumption of the
cesspools. [Sec 4, RA 9275]. management, control and operation of
the private property or assets seized'
Septicemia. Blood poisoning. [Carillo v. [Reiterated in PD 1835 (Anti-Subversion
People, GR 86890. Jan. 21, 1994]. Law of 1981, repealed by PD 1975
prom. on May 2, 1985); Phil. Law Dict.,
Septic tank. A water tight receptacle Moreno, 1982 Ed., pp. 568-569]. 2. The
which receives the discharge of a taking of someone's property,
plumbing system or part thereof, and is voluntarily (by deposit) or involuntarily
designed to accomplish the partial (by seizure), by court officers or into the
removal and digestion of the suspended possession of a third party, awaiting the
solid matter in the sewage through a outcome of a trial in which ownership of
period of detention. [Sec. 71, PD 856]. that property is at issue. [Duhaime's
Legal Dict., 2004]. See Judicial
Septic tank absorption bed or drain deposit.
field. An underground system of pipes
leading from the outlet of the septic Series. Classes of positions in an
tank, consisting of open-jointed or occupational group with similar
perforated pipes so distributed that the specialized lines work that differ in the
effluent from a septic tank is oxidized difficulty of duties and responsibilities
and absorbed by the soil. [Sec. 71, PD and are assigned different grades. [Sec.
856]. 3, PD 985].
Sequester ill-gotten property. To Serious. Important, weighty,

place or cause to be placed under its momentous, and not trifling.
possession or control said property, or [Buenaventura v. Benedicto, Adm. Case
any building or office wherein any such 137-J. Mar. 27, 1971].

591
must, nevertheless, be in connection

Serious case. A condition of a patient with the employee's work to constitute
characterized by gravity or danger just cause for his separation. [DOLE
wherein based on the objective findings Manual, Sec. 4343.01, cited in Azucena,
of a prudent medical officer on duty for The Labor Code, Vol. II, Rev. Ed., 1996,
the day when left unattended to, may p. 662].
cause loss of life or cause permanent
disability to the patient. [Sec. 2, RA Serious physical injuries. Crim. Law.
8344]. The felony committed by any person
who shall wound, beat, or assault
Serious illegal detention. Elements: (a) another, if in consequence of the
That the offender is a private individual; physical injuries inflicted, the injured
(b) that he kidnaps or detains another, person shall become insane, imbecile,
or in any manner deprives the latter of impotent, or blind; or the person injured
his liberty; (c) that the act of detention shall have lost the use of speech or the
is illegal, not being ordered by any power to hear or to smell, or shall have
competent authority nor allowed by law; lost an eye, a hand, a foot, an arm, or a
(d) that any of the following leg or shall have lost the use of any
circumstances is present: (d.1) that the such member, or shall have become
detention lasts for more than five (5) incapacitated for the work in which he
days; or (d.2) that it is committed was therefor habitually engaged; or the
by simulating public authority; or (d.3) person injured shall have become
that any serious physical injuries are deformed, or shall have lost any other
inflicted upon the person kidnapped or part of his body, or shall have lost the
threats to kill him shall have been use thereof, or shall have been ill or
made; or (d.4) that the person incapacitated for the performance of the
kidnapped or detained is a minor, work in which he as habitually engaged
female, or a public officer. [People v. for a period of more than ninety days;
Mercado, GR 65152, 30 Aug. 1984, 131 or if the physical injuries inflicted shall
SCRA 501]. have caused the illness or incapacity for
labor of the injured person for more
Serious injury. A significant impairment than thirty days. [Art. 263, RPC].
in the position of a domestic industry
after evaluation by competent Service. Rem. Law. 1. The act of
authorities of all relevant factor of an providing a party with a copy of the
objective and quantifiable nature having pleading or paper concerned. If any
a bearing on the situation of the party has appeared by counsel, service
industry concerned, in particular, the upon him shall be made upon his
rate and amount of the increase in counsel or one of them, unless service
imports of the products concerned in upon the party himself is ordered by the
absolute and relative terms the share of court. Where one counsel appears for
the domestic market take by increased several parties, he shall only be entitled
imports, change in level of sales, to one copy of any paper served upon
production, productivity, capacity him by the opposite side. [Sec. 2, Rule
utilization, profit and losses, and 13, RoC]. 2. With respect to repair and
employment. [Sec. 4, RA 8800]. service firms, services supplied in
connection with a contact for
Seriously ill mothers. Those who are: construction, maintenance, repair,
with severe infections; in shock; in processing, treatment or cleaning of
severe cardiac or respiratory distress; or goods or of fixtures on land, or
dying; or those with other conditions distribution of goods, or transportation
that may be determined by the of goods. [Art. 4, RA 7394]. 3. An act or
attending physician as serious. [Sec. 3, action, such as work rendered or
RA 7600]. performed for another. [Intl. Law Dict.
& Direct., 2004].
Serious misconduct. Misconduct of
such a grave and aggravated character Service and handling charge. A charge
and not merely trivial or unimportant. for expenses in procuring a loan which
Such misconduct, however serious, must be a reasonable or fair

592
compensation for the actual expense or employment of workers for said

loss incurred or for the actual services principal/partner. [Sec. 1, Rule 1, IRR of
rendered. [Morenos Law Dict., 2000 LC].
Ed., p. 431].
Service incentive leave. A leave of five
Service by mail. Rem. Law. Service by days with pay to which every employee
registered mail made by depositing the who has rendered at least one year of
copy in the office, in a sealed envelope, service shall be entitled. [Art. 95, LC].
plainly addressed to the party or his
counsel at his office, if known, otherwise Service mark. 1. A mark used in the sale
at his residence, if known, with postage or advertising of services to identify the
fully pre-paid, and with instructions to services of one person and distinguish
the postmaster to return the mail to the them from the services of others and
sender after ten (l0) days if undelivered. includes without limitation the marks,
If no registry service is available in the names, symbols, titles, designations,
locality of either the sender or the slogans, character names, and
addressee, service may be done by distinctive features of radio or other
ordinary mail. [Sec. 7, Rule 13, RoC]. advertising. [Art. 188, RPC]. 2. A mark
or symbol used to identify a person who
Service contractor. Any person, provides services. [Intl. Law Dict. &
partnership or corporation duly licensed Direct., 2004].
by the secretary to recruit workers for
its accredited projects or contracts Service organization. An
overseas. [Sec. 2, RA 8042]. intergovernmental organization that
carries on some particular program.
Service contracts. Infrastructure [Intl. Law Dict. & Direct., 2004].
contracts entered into by any
department, office or agency of the Service of process. The delivery of
national government with private writs, summonses, and subpoenas by
entities and non-government delivering them to the party named in
organizations for services related or the document. Also referred to as
incidental to the functions and Service. [Glossary of Legal Terms (Pro-
operations of the department, office or Se), 2004].
agency concerned. [Claridades, A.,
Compilation of Notes, 2001-2006]. Service provider. A provider of: I.
Online services or network access or the
Service cooperative. One which operator of facilities therefor including
engages in medical and dental care, entities offering the transmission,
hospitalization, transportation, routing, or providing of connections for
insurance, housing, labor, electric light online communications, digital or
and power, communication and other otherwise, between or among points
services. [Art. 23, RA 6938]. specified by a user, of electronic
documents of the user's choosing; or II.
Service enterprise. One engaged The necessary technical means by which
predominantly in the sale of services to electronic documents of an originator
individuals for their own or household may be stored and made accessible to
use. [Sec. 1, PD 1634]. designated or undesignated third party.
[Sec. 5, RA 8792].
Service establishment. One primarily
engaged in the sale of service to Servicer. The entity designated by the
individuals for their own or household special purpose entity (SPE) to collect
use and is generally recognized as such. and record payments received on the
[Sec. 1, Rule 7, Book 3, IRR of LC]. assets, to remit such collections to the
SPE, and perform such other services as
Service fee. The amount charged by a may be specifically required by the SPE,
licensee or authority holder from its excluding asset management or
foreign employer-principal/partner as administration. [Sec. 3, RA 9267].
payment for actual services rendered in
relation to the recruitment and

593
Services. 1. Those services that are the

subject of a consumer transaction, Settlor. The person who sets up a trust.
either together with, or separate from Also referred to as Grantor. [Glossary of
any kind of personal property, whether Legal Terms (Pro-Se), 2004].
tangible or intangible. [Art. 4, RA 7394].
2. The duties, work or functions Several obligation. One by which one
performed or discharged by a individual binds himself to perform the
government officer, or by a private whole obligation. [Ronquillo v. CA, GR L-
person contracted by the government, 55138. Sep. 28, 1984, citing 39 Words &
as the case may be. [Sec. 1, PD 426]. Phrases, Permanent Ed., p. 72].
Service sectors. Any parts of the Severance. Labor. The termination of

economy involving the performance of a contractual association (as
service. [Intl. Law Dict. & Direct., 2004]. employment). [Marcopper Mining Corp.
v. NLRC, GR 83207. Aug. 5, 1991, citing
Services rendered under compulsion Webster's 3rd New Intl. Dict., 1969 Ed.
in payment of debt. Crim. Law. The p. 2081].
felony committed by any person who, in
order to require or enforce the payment Severance pay. Labor. 1. An allowance
of a debt, shall compel the debtor to usually based on length of service that
work for him, against his will, as is payable to an employee on severance
household servant or farm laborer. [Art. except usually in case of disciplinary
274, RPC]. discharge. [Marcopper Mining Corp. v.
NLRC, GR 83207. Aug. 5, 1991, citing
Servient estate. The immovable which Webster's 3rd New Intl. Dict., 1969 Ed.
is subject to the easement. [Art. 613, p. 2081]. 2. Compensation due an
CC]. See Dominant estate. employee upon the severance of his
employment status with the employer.
Servitude. From Lat. servitudo: slavery. [Ibid, citing 48 Am. Jur. 2d., Labor and
A right to the use of another's property. Labor Relations 1242].
[Intl. Law Dict. & Direct., 2000]. See
also Easement. Sewage. Water-borne human or animal
wastes, excluding oil or oil wastes,
Set-off. A counterclaim demand which removed from residences, building,
the defendant holds against the plaintiff, institutions, industrial and commercial
arising out of a transaction extrinsic of establishments together with such
plaintiffs cause of action. A claim filed groundwater, surface water and storm
by a defendant against the plaintiff water as maybe present including such
when sued and in which he seeks to waste from vessels, offshore structures,
cancel the amount due from him or to other receptacles intended to receive or
recover an amount in excess of the retain waste or other places or the
plaintiffs claim against him. [Blacks Law combination thereof. [Sec 4, RA 9275].
Dict., Abr. 5th Ed. (1983), p. 713].
Sewerage. Any system or network of
Setting fire to property exclusively pipelines, ditches, channels, or conduits
owned by the offender. The offense including pumping stations, lift stations
committed if the property burned shall and force mains, service connections
be the exclusive property of the including other constructions, devices,
offender, or, if the arson shall have and appliances appurtenant thereto,
been committed for the purpose of which includes the collection, transport,
defrauding or causing damage to pumping and treatment of sewage to a
another, or, prejudice shall actually have point of disposal. [Sec 4, RA 9275].
been caused, or if the thing burned shall
have been a building in an inhabited Sex impulse. Legal Med. An irresistible
place. [Art. 326, RPC]. desire to sexual perversion. [Olarte,
Legal Med., 1st Ed. (2004), p. 151].
Settlement. An agreement between the
parties disposing of a lawsuit. [Glossary Sex tourism. A program organized by
of Legal Terms (Pro-Se), 2004]. travel and tourism-related

594
establishments and individuals which woman's vagina. [Duhaime's Legal Dict.,

consists of tourism packages or 2004].
activities, utilizing and offering escort
and sexual services as enticement for Sexually transmitted diseases (STD).
tourists. This includes sexual services Any disease that may be acquired or
and practices offered during rest and passed on through sexual contact. [Sec.
recreation periods for members of the 4, RA 8496].
military. [Sec. 3, RA 9208].
Sexual relations. A single sexual act
Sexual anaesthesia. Legal Med. The which may or may not result in the
absence of sexual desire. [Olarte, Legal bearing of a common child. [Sec. 3, RA
Med., 1st Ed. (2004), p. 115]. 9262].
Sexual congress. Carnal knowledge. Sexual violence. An act which is sexual

Sexual intercourse. [Claridades, A., in nature, committed against a woman
Compilation of Notes, 2001-2006]. or her child. It includes, but is not
limited to: a) rape, sexual harassment,
Sexual exploitation. Participation by a acts of lasciviousness, treating a woman
person in prostitution or the production or her child as a sex object, making
of pornographic materials as a result of demeaning and sexually suggestive
being subjected to a threat, deception, remarks, physically attacking the sexual
coercion, abduction, force, abuse of parts of the victim's body, forcing
authority, debt bondage, fraud or her/him to watch obscene publications
through abuse of a victim's vulnerability. and indecent shows or forcing the
[Sec. 3, RA 9208]. woman or her child to do indecent acts
and/or make films thereof, forcing the
Sexual harassment. 1. A work, wife and mistress/lover to live in the
education or training-related offense conjugal home or sleep together in the
committed by an employer, employee, same room with the abuser; b) acts
manager, supervisor, agent of the causing or attempting to cause the
employer, teacher, instructor, professor, victim to engage in any sexual activity
coach, trainor, or any other person who, by force, threat of force, physical or
having authority, influence or moral other harm or threat of physical or other
ascendancy over another in a work or harm or coercion; c) Prostituting the
training or education environment, woman or child. [Sec. 3, RA 9262].
demands, requests or otherwise
requires any sexual favor from the Shabu. See Methamphetamine
other, regardless of whether the hydrochloride or Poor man's
demand, request or requirement for cocaine.
submission is accepted by the object of
RA 7877. [Sec. 3, RA 7877]. 2. A term Shall. A word of command, and one
used in human rights legislation and which has always or which must be
referring primarily to harassment in given a compulsory meaning, and-it is
employment situations, related to sex or generally imperative or mandatory. It
gender, which detrimentally affects the has the invariable significance of
working environment. The most overt operating to impose a duty which may
variation of sexual harassment is the be enforced, particularly if public policy
quid pro quo offer of work-favor in is in favor of this meaning or when
exchange for sexual favor. [Duhaime's public interest is involved, or where the
Legal Dict., 2004]. public or persons have rights which
ought to be exercised or enforced,
Sexual intercourse. 1. Carnal copulation unless a contrary intent appears. [Perez
of a male and a female usually implying v. CA, GR 118870. Mar. 29, 1996].
actual penetration of the organs of the
former and latter. [People v. Batis, GR Shallow tube well (STW). A tube or
94188-89. Dec. 17, 1992, citing Black's shaft vertically set into the ground for
Law Dict., 4th Ed., p. 1541]. 2. the purpose of bringing ground water to
Penetration of a man's penis into a the soil surface from a depth of less

595
than 20 meters by suction lifting. [Sec. grantor or his agent with a third person
4, RA 8435]. to be kept by the depositary until the
performance of a certain condition or
Sham. Something false or empty the happening of a certain event
purporting to be genuine. [Morenos contained in the agreement. [De Leon,
Law Dict., 2000 Ed., p. 433]. Corp. Code of the Phil. Annotated, 1989
Ed., p. 63, citing cannon v. Handley, 12
Shameless. An adjective which connotes P. 315].
having or showing no feeling of shame,
modesty or decency; brazen or Share of stock. Corp. Law. One of the
impudent. [Morenos Law Dict., 2000 proportionate integers or units of the
Ed., p. 433]. capital stock, and in the interest or right
which the owner or holder thereof has
Share. A portion of a company bought by in the management of the corporation
a transfer of cash in exchange for a and to share in the profits and in the
certificate, the certificate constituting property and assets thereof on
proof of share ownership. Persons dissolution, after payment of the
owning shares in a company are called corporate debts and obligations. [Diaz,
shareholders. There are two basic kinds Bus. Law Rev., 1991 Ed., p. 254]. See
of shares: common and preferred. also Stock.
Share tenancy. The relationship which
Share cropper. (Leasehold) Tenant. exists whenever two persons agree on a
[Toledo v. Court of Agrarian Relations, joint undertaking for agricultural
GR L-16054. July 31, 1963]. production wherein one party furnishes
the land and the other his labor, with
Shared governance agreement. Intl. either or both contributing any one or
Law. An agreement by which two or several of the items of production, the
more states share in the governance of tenant cultivating the land personally
a territory. [Intl. Law Dict. & Direct., with the aid of labor available from
2000]. members of his immediate farm
household, and the produce thereof to
Shareholder. 1. The term includes a be divided between the landholder and
member in an association, joint-stock the tenant. [Sec. 166, RA 3844].
company, or insurance company. [Sec.
22, NIRC, as amended]. 2. The owner of Share tenancy. Also Agricultural lease
a share interest in a company. [Intl. Law relationship. Elements: (a) The parties
Dict. & Direct., 2004]. Also known as are the landowner and the tenant or
Stockholder. agricultural lessee; (b) the subject
matter of the relationship is agricultural
Shareholder agreement. A contract land; (c) there is consent between the
between the shareholders of the parties to the relationship; (d) the
company and the company itself, in purpose of the relationship is to bring
which certain things, usually the about agricultural production; (e) there
purview of the board of directors, are is personal cultivation on the part of the
detailed. For example, a shareholder tenant or agricultural lessee, and (f) the
might be allowed to manage the harvest is shared between the
company, instead of a board of landowner and the tenant or agricultural
directors. The shareholder agreement lessee. [Cuao v. CA, GR 107159. Sep.
will also, typically, control inflows to the 26, 1994].
company (purchase of shares), how
profits are to be distributed, dispute Share tenant. A person who, himself
resolution and what to do if a and with the aid available from within
shareholder dies. [Duhaime's Legal his immediate farm household,
Dict., 2004]. cultivates the land belonging to or
possessed by another, with the latter's
Share in escrow. Corp. Law. A share consent, for purposes of production,
subject to an agreement by virtue of sharing the produce with the landholder.
which the share is deposited by the

596
[Delos Reyes v. Espineli, GR L-28280- prima facie evidence of the facts therein
81. Nov. 28, 1969]. stated. [Morenos Law Dict., 2000 Ed.,
p. 433].
Shari'a. Arabic. Jurisprudence. 1. The
term has the meaning assigned to it by Shifting. The transfer of the burden of a
Islamic law and jurisprudence as tax by the original payer or the one on
expounded by authoritative sources; in whom the tax was assessed or imposed
the context of RA 6848, it is construed to another or someone else. [De Leon,
by reference to pertinent Quranic Fundamentals of Taxation, 2000 Ed., p.
ordinances and applicable rules in 53, citing Seligman, The Shifting and
Islamic jurisprudence on business Incidence of Taxation (1910), p. 1].
transactions. [Sec. 44, RA 6848]. 2. The
Islamic legal system. It is based upon Ship. Any kind, class or type of craft or
principles found in the Koran and artificial contrivance capable of floating
related writings. [Intl. Law Dict. & in water, designed to be used, or
Direct., 2004]. capable of being used as a means of
water transport in the domestic trade
Shari'a District Courts and Shari'a for the carriage of passengers or cargo,
Circuit Courts. Courts of limited or both, utilizing its own motive power
jurisdiction created as part of the or that of another. [Sec. 3, RA 9295].
judicial system to exercise powers and See Vessel.
functions in accordance with Title I,
Book IV of PD 1083 or the "Code of Ship agent. One who represents the
Muslim Personal Laws of the ownership of the vessel, and who may,
Philippines." in his own name and in such capacity,
take judicial and extrajudicial steps in
Shelter-care institution. An institution matters relating to commerce. [Comm.
that provides temporary protection and of Int. Rev. v. US Lines Co., GR L-
care to children requiring emergency 16850. May 30, 1962, citing Art. 595,
reception as a result of fortuitous Code of Commerce].
events, abandonment by parents,
dangerous conditions of neglect or Shipbuilder or Ship repairer. A citizen
cruelty in the home, being without adult of the Philippines, or a commercial
care because of crisis in the family, or a partnership owned by majority of
court order holding them as material Filipinos or a corporation incorporated
witnesses. [Art. 117, PD 603]. under the laws of the Philippines, the
capital of which is owned or controlled
Sheltered employment. The provision in any proportion by Filipinos or by
of productive work for disabled persons foreign nationals, or by both such
through workshops providing special Filipinos or foreign nationals, or by
facilities, income-producing projects or corporations whether Filipino or foreign-
homework schemes with a view to owned, which is duly authorized by the
giving them the opportunity to earn a Maritime Industry Authority (MARINA)
living thus enabling them to acquire a to engage in the business of
working capacity required in open shipbuilding or ship repair or to
industry. [Sec. 4, RA 7277]. otherwise operate a shipyard, graving
dock or marine repair yard. [Sec. 3, RA
Shepardizing. Method for finding 9295].
subsequent development of a legal
theory by tracing status of a case as Shipbuilding. The design, construction,
legal authority. [Glossary of Legal Terms launching and outfitting of all types of
(Pro-Se), 2004]. ships and watercraft. [Sec. 3, RA 9295].
Sheriff. The executive officer of a local Shipbuilding and dry-docking. The

court. [Jurists Legal Dict., 2004]. construction of vessels, tugboats,
barges, tankers, and all component
Sheriffs return. An official statement by parts related to the industry, including
a public official in the performance of a dredging and dry-docking equipment.
duty especially enjoined by law and is [Sec. 2, RA 4095].

597
securities, of a commercial rather than

Ship mortgage decree of 1978. PD an investment character, as the
1521 signed into law on June 11, 1978. Securities and Exchange Commission
may designate by rules and regulations.
Shipper. Any person, partnership or [Sec. 3, RA 2629].
corporation who shall procure for itself
the services of a domestic ship operator Shutdown. Labor. The willful act of the
for the carriage of its cargo in the employer himself, following a complete
domestic trade upon payment of proper lock-out as contrasted to the
compensation. [Sec. 3, RA 9295]. compulsory stoppage of operations as a
result of a strike and walkout. It can
Shippers order. Terms in a bill of lading truly be said that all shutdowns are
which means that the cargo therein is lockouts, but not all lockouts constitute
consigned only to the shipper or to its or effect shutdowns. [Sta. Mesa
assignee. Therefore, the goods can only Slipways & Engg. Co., Inc. v. CIR, GR L-
be released upon presentation of the 4521. Aug. 18, 1952, citing Rethenberg,
original bill of lading by the consignee or Labor Rel., pp. 58-59]. Compare with
its assignee. [Morenos Law Dict., 2000 Lockout.
Ed., p. 434].
Sic utere tuo ut alienum non laedas.
Ship repair. The overhaul, refurbishment Lat. So use your property as not to
renovation improvement, or alteration of injure the property of others. [Lim v.
the hull, machineries, equipment, outfits Pacquing, GR 115044. Jan. 27, 1995].
and components of all types of ships.
[Sec. 3, RA 9295]. SID code. See Source identification
code.
Shipyard. The shipbuilding or re-pair
facilities which have the capability to lift Sideline. A local idiom which means an
vessels above the waterline in order to ancillary activity. [De Guzman v. CA,
effect ship work on vessels, GR L-47822. Dec. 22, 1988].
appendages, structure, machinery and
equipment. [Sec. 3, RA 9295]. Siga-siga. Tag. Tough characters.
[People v. Pea, GR L-36435. Dec. 20,
Shore. That space alternately covered 1977]. Also Maton.
and uncovered by the movement of the
tide. Its interior or terrestrial limit is the Signature. From Lat. signare: to mark.
line reached by the highest equinoctial The name of a person written by that
tides. Where the tides are not person, or any distinctive mark meant to
appreciable, the shore begins on the authenticate a writing. [Intl. Law Dict. &
land-side at the line reached by the sea Direct., 2004].
during ordinary storms or tempests.
[Amada v. Dir. of Lands, GR 6866. Aug. Signature by "procuration". Nego.
31, 1912]. Inst. It operates as notice that the
agent has but a limited authority to
Shortswing transaction. Securities sign, and the principal is bound only in
Law. A transaction where a person buys case the agent in so signing acted
securities and sells or disposes of the within the actual limits of his authority.
same within a period of six (6) months. [Sec. 21, NIL].
UPLC, (2002), p. 108]. Significant cave. A cave which contains
materials or possesses features that
Short-term paper. Any note, draft, bill have archaeological, cultural, ecological,
of exchange, or banker's acceptance historical or scientific value as
payable on demand or having a maturity determined by the DENR in coordination
at the time of issuance of not exceeding with the scientific community and the
nine months, exclusive of days of grace, academe. [Sec. 3, RA 9072].
or any renewal thereof payable on
demand or having a maturity likewise Silent partner. A person who invests in
limited; and such other classes of a company or partnership but does not

598
take part in administering or directing Simple interest. That which is paid for
the organization; he just shares in the the principal or sum lent, at a certain
profits or losses. [Duhaime's Legal Dict., rate or allowance, made by law or
2004]. agreement of parties. [Martin,
Silviculture. The establishment, Laws, Vol. 1, 1988 Rev. Ed., p. 415].
development reproduction and care of Compare with Compound interest.
forest trees. [Sec. 3, PD 705].
Simple loan or mutuum. Money or
Simbolica, traditio. See Traditio other consumable thing, delivered by
simbolica. one of the parties to another, upon the
condition that the same amount of the
Simple annual rate. The uniform same kind and quality shall be paid.
percentage which represents the ratio, [Art. 1933, CC].
on an annual basis, between the finance
charges and the amount to be financed. Simple negligence. A mere lack of
It is not the measure of the total prevision in a situation where either the
amount that is allowed to be added to threatened harm is not immediate or the
the cash price. [Emata v. IAC, GR danger not openly visible. [People v.
72714. June 29, 1989]. Vistan, 42 Phil. 112-113 (1921)].
Simple donation. One the cause of Simple Resolution. A formal motion

which is pure liberality (no strings passed by a majority of a single
attached). [De Luna v. Abrigo, GR legislative chamber. Examples:
57455. Jan. 18, 1990]. Compare with Resolution to extend sympathy on the
Remuneratory donation or Onerous death of a member; Resolution to
donation. express thanks to anyone; Resolution to
create a committee. [Suarez, Stat. Con.,
Simple illegal possession. The sole, (1993), p. 59].
simple act of a person who shall, among
others, unlawfully possess any firearm Simple seduction. The seduction of a
(or) ammunition. Obviously, possession woman who is single or a widow of
of any firearm is unlawful if the good reputation, over twelve but under
necessary permit and/or license therefor eighteen years of age, committed by
is not first obtained. To that act is means of deceit. [Art. 338, RPC].
attached the penalty of reclusion Compare with Qualified seduction.
temporal, maximum, to reclusion
perpetua. The gravamen of the offense Simple state. Intl. Law. A state where
in its simplest form is, basically, the fact the direction of domestic and foreign
of possession of a firearm without affairs is placed in a central authority.
license. [People v. Caling, GR 94784. An example is the Philippines. [Cruz,
May 8, 1992]. Compare with Intl. Law Reviewer, 1996 Ed., p. 12].
Aggravated illegal possession of Compare with Composite state.
firearm..
Simple substitution. Also common or
Simple illegal possession of firearm, vulgar substitution. The designation
ammunition or explosive. Illegal by the testator of one or more persons
possession of firearm, ammunition or to substitute the heir or heirs instituted
explosive where no other offense is in case such heir or heirs should die
committed with the use of such firearm, before him, or should not wish, or
ammunition or explosive. [Sec. 1, PD should be incapacitated to accept the
1745]. inheritance. [Art. 859, CC].
Simple imprudence. It consists in the Simplified net income taxation. A tax

lack of precaution displayed in those scheme for the self-employed and
cases in which the damage impending professionals engaged in the practice of
to be caused is not immediate nor the their profession under the NIRC. [RA
danger clearly manifest. [Art. 365, RPC]. 7496].

599
Simulated marriage. A marriage lacking never wants to hear the case again! A
the essential elements which, before the meeting which adjourns sine die has
eyes of the law, is not a marriage at all. simply not set a date for it's next
[Morenos Law Dict., 2000 Ed., p. 435]. meeting. [Duhaime's Legal Dict., 2004].
Simulation. 1. Assumption of Sine spe recuperandi. Lat. Without any

appearance which is feigned, false, hope of recovering. [Erlanger & Galinger
deceptive, or counterfeit. [Blacks Law v. Swedish East Asiatic Co., GR 10051.
Dict., Abr. 5th Ed. (1983), p. 720]. 2. Mar. 9, 1916].
Simulation may be absolute or relative.
[Art. 1345, CC]. See Absolute Singapore import parity (SIP). The
simulation and Relative simulation. deemed landed cost of a petroleum
product imported from Singapore at a
Simulation of a contract. The fact that free-on-board price equal to the average
the apparent contract is not really Singapore Posting for that product at
desired or intended to produce legal the time of loading. [Sec. 4, RA 8479].
effects or in any way alter the juridical
situation of the parties. Thus, where a Singapore posting. The price of
person, in order to place his property petroleum products periodically posted
beyond the reach of his creditors, by oil refineries in Singapore and
simulates a transfer of it to another, he reported by independent international
does not really intend to divest himself publications. [Sec. 4, RA 8479].
of his title and control of the property;
hence, the deed of transfer is but a Single cab chassis. A motor vehicle with
sham. [Felix Vda. De Rodriguez v. complete engine power train and
Rodriguez, GR L-23002. July 31, 1967]. chassis equipped with a cab that has a
maximum of two (2) doors and only (1)
Simulation of birth. The tampering of row of seats. [RA 9224].
the civil registry making it appear in the
birth records that a certain child was Single-family attached. A dwelling
born to a person who is not his/her containing two or more separate living
biological mother, causing such child to units each of which is separated from
lose his/her true identity and status. another by party or lot lines walls and
[Sec. 3, RA 8552]. provided with independent access,
services, and use of land. Such
Simulation of births, substitution of dwellings shall include duplexes, row
one child for another and houses or terraces, and cluster housing.
concealment or abandonment of a [Sec. 3, BP 220].
legitimate child. Crim. Law. The
felony committed by any person who Single-family detached. A dwelling for
shall simulate births, substitute one child one family which is completely
for another, or conceal or abandon any surrounded by permanent open spaces,
legitimate child with intent to cause with independent access, services, and
such child to lose its civil status, or any use of land. [Sec. 3, BP 220].
physician or surgeon or public officer
who, in violation of the duties of his Single larceny doctrine. The taking of
profession or office, shall cooperate in several things, whether belonging to the
the execution of any of the foregoing same or different owners, at the same
crimes. [Art. 347, RPC]. time and place constitutes but one
larceny. [Defensor-Santiago v.
Sine animo revertendi. Lat. Without Garchitorena, GR 109266. Dec. 2,
any intention of returning. [Erlanger & 1993].
Galinger v. Swedish East Asiatic Co., GR
10051. Mar. 9, 1916]. Single renvoi. The referral by the forum
court to the conflict rules of a foreign
Sine die. Lat. Adjourned without giving state, but not to that state's renvoi
any future date of meeting or hearing. A rules. This may result in a reference
court that adjourns sine die essentially back to the forum's domestic law
dismisses the case by saying that it (remission) or a reference to the

600
domestic law of a third state

(transmission). [Tetley, Glossary of Skill. The acquired and practiced ability
Conflict of Laws, 2004]. to carry out a task or job. [Sec. 4, RA
7796].
Sin perjuicio decision. Rem. Law. A
decision which does not contain a Skills development. The process
statement of the facts which are through which learners and workers are
essential to a clear understanding of the systematically provided with learning
issues presented by the respective opportunities to acquire or upgrade, or
parties as to the facts involved. [Dir. of both, their ability, knowledge and
Lands v. Sanz, 45 Phil. 117, 121 behavior pattern required as
(1923)]. qualifications for a job or range of jobs
in a given occupational area. [Sec. 4, RA
Site description location. The exact 7796].
location of the property being appraised
situated in a certain locality by way of Skills standards. A level or graduated
the technical descriptions on the land levels of proficiency generally accepted
title (TCT) aside from the address by industry in specific jobs, tasks, trades
mentioned where it is situated. [Memo. or occupations. [Sec. 1, Rule 1, Book 2,
from the Exec. Sec. dated Aug. 20, IRR of LC].
1998].
Sky rocket. Also called Kwitis. A large
Situation. Intl. Law. The initial stage of a version of a baby rocket designed to be
dispute where the disagreement has not propelled to a height of forty (40) to
yet ripened into an actual conflict or fifty (50) feet before exploding. [Sec. 2,
where the issues have not yet been RA 7183].
sufficiently formulated and defined.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. Slander. 1. The speaking of base and
119]. defamatory words which tend to
prejudice another in his reputation,
Situs of taxation. It literally means a office, trade, business or means of
place of taxation; the country that has livelihood. [Victorio v. CA, GR 32836-37.
the power and jurisdiction to levy and May 31, 1989, citing 33 Am. Jur. 39]. 2.
collect the tax. [Teodoro & De Leon, Spoken defamation which tends to
Law on Income Taxation, 11th Ed. injure a person's reputation. [Glossary
(2001), p. 7]. of Legal Terms (Pro-Se), 2004]. See
Libel or Oral defamation.
Situs rule. See Source rule.
Slander by deed. Crim. Law. The felony
Situs theory. Also Eclectic theory. The committed by any person who shall
capacity, legal condition, or status of an perform any act not included and
individual should be governed not punished in Title 13 of the Rev. Penal
necessarily by the law of his nationality Code, which shall cast dishonor,
but by the law of the place (situs) where discredit or contempt upon another
an important element of the problem person, or even if said act is not of a
occurs or is situated. [Paras, Phil. serious nature. [Art. 359, RPC].
Conflict of Laws, 8th Ed. (1996), p. 209].
Slavery. Crim. Law. 1. The felony
Sixty (60) day freedom period. Labor. committed by anyone who shall
The last sixty (60) days of the collective purchase, sell, kidnap or detain a
bargaining agreement (CBA) during human being for the purpose of
which a petition for the conduct of a enslaving him, or for the purpose of
certification election may be filed by a assigning the offended party to some
legitimate labor organization. Any immoral traffic. [Art. 272, RPC]. 2.
petition filed before or after the sixty- When a person (called "master") has
day freedom period shall be dismissed absolute power over another (called
outright. [Sec. 6, Rule V of LC]. "slave") including life and liberty. The
slave has no freedom of action except
SK. Sangguniang Kabataan. within limits set by the master. The

601
slave is considered to be the property of Sluice box. A rectangular, wooden

the master and can be sold, given away launder provided with side walls and
or killed. [Duhaime's Legal Dict., 2004]. cross pieces of sawn lumber or round
poles, metallic screen jute cloth or a
Slight illegal detention. Crim. Law. The combination of both, on its floor to
felony committed by any private retain gold. [Sec. 12, PD 1150].
individual who shall commit the crimes
described in Art. 267 of the Rev. Penal Sluicing. Recovering gold by the use of
Code without the attendance of any of sluice boxes. [Sec. 12, PD 1150].
circumstances enumerated therein, or
by anyone who shall furnish the place Slum community. Also Depressed
for the perpetration of the crime, or by community. The term referred to in
the offender who shall voluntarily P.D. 2016 cannot be considered
release the person so kidnapped or additional beneficiaries of the Urban
detained within three days from the Land Reform Law (PD 1517) but merely
commencement of the detention, additional places or properties covered
without having attained the purpose under the said law.
intended, and before the institution of
criminal proceedings against him. [Art. Slum Improvement and Re-
268, RPC]. settlement Program (or SIR). The
program of the National Housing
Slight physical injuries. Crim. Law. The Authority (NHA) of upgrading and
felony committed when the offender has improving blighted squatter areas
inflicted physical injuries which shall outside of Metro Manila pursuant to
incapacitate the offended party for labor existing statutes and pertinent executive
from one to nine days, or shall require issuances. [Sec. 3, RA 7279].
medical attendance during the same
period, or when the offender has caused Small agricultural producer. Any self-
physical injuries which do not prevent employed individual who, by himself or
the offended party from engaging in his with his family, provides the primary
habitual work nor require medical labor requirement of his business
assistance. [Art. 266, RPC]. enterprise or one who earns at least
fifty percent (50%) of his gross income
Slow ahead. A maritime maneuver from the payment, proceeds or income
equivalent to five to six miles per hour. of the labor he provides. [Sec. 4, RA
[Morenos Law Dict., 2000 Ed., p. 437]. 7607].
Slowdown. Labor. A strike on the Small and medium enterprise (SME).

installment plan. A willful reduction in Any business activity or enterprise
the rate of work by concerted action of engaged in industry, agribusiness
workers for the purpose of restricting and/or services, whether single
the output of the employer, in relation proprietorship, cooperative, partnership
to a labor dispute; as an activity by or corporation whose total assets,
which workers, without a complete inclusive of those arising from loans but
stoppage of work, retard production or exclusive of the land on which the
their performance of duties and particular business entity's office, plant
functions to compel management to and equipment are situated, must have
grant their demands. [Ilaw at Buklod ng value falling under the following
Manggagawa v. NLRC, GR 91980. June categories: Micro: not more than
27, 1991]. P1,500,000; Small: P1,500,001 to
P15,000,000; and Medium: P15,000,001
Sludge. Any solid, semi-solid or liquid to P60,000,000. [Sec. 4, RA 8435].
waste or residue generated from a
wastewater treatment plant, water Small cattle. Also known as Ganado
supply treatment plant, or water control lanar y cabrio. The terms lanar and
pollution facility, or any other such cabrio refer to sheep and goats,
waste having similar characteristics and respectively. [[People v. Nazareno, GR
effects. [Sec 4, RA 9275]. L-40037. Apr. 30, 1976, citing

602
Velasquez, Spanish and English Dict., production sharing agreement between

1967 Ed., p. 124, 354, 421 and 115]. the State and a small-scale mining
contractor for the small-scale utilization
Small farmers. Natural persons of a plot of mineral land. [Sec. 3. RA
dependent on small-scale subsistence 7076].
farming as their primary source of
income and whose sale, barter or Small-scale mining contractor. An
exchange of agricultural products do not individual or a cooperative of small-scale
exceed a gross value P180,000 per miners, registered with the SEC or other
annum based on 1992 constant prices. appropriate government agency, which
[Sec. 4, RA 7607]. has entered into an agreement with the
State for the small-scale utilization of a
Small farmers and fisherfolk. Natural plot of mineral land within a people's
persons dependent on small-scale small-scale mining area. [Sec. 3. RA
subsistence farming and fishing 7076].
activities as their primary source of
income. [Sec. 4, RA 8435]. Smelting. Melting or fusing of metallic
ores or compounds so as to separate
Smallholder farmer. A farmer owning impurities from pure metals. [Sec. 3, PD
or cultivating five (5) hectares or less of 1185].
farmland. [Sec. 3, RA 7307].
Smoking. The act of carrying a lighted
Small property owners. Those whose cigarette or other tobacco products,
only real property consists of residential whether or not it is being inhale or
lands not exceeding three hundred smoked. [Sec. 4, RA 9211].
square meters (300 sq. m.) in highly
urbanized cities and eight hundred SNITS. Simplified net income taxation
square meters (800 sq. m.) in other scheme.
urban areas. [Sec. 3, RA 7279].
Social barriers. The characteristics of
Small savers instrument (SSI). An institutions, whether legal, economic,
evidence of indebtedness of the cultural, recreational or other, any
Government of the Republic of the human group, community, or society
Philippines which shall be in small which limit the fullest possible
denominations and sold at a discount participation of disabled persons in the
from its redemption value, payable to life of the group. Social barriers include
bearer and redeemable on demand negative attitudes which tend to single
according to a schedule printed on the out and exclude disabled persons and
instrument, with a discount lower than which distort roles and inter-personal
the full stated rate if not held to relationships. [Sec. 4, RA 7277].
maturity. The resources generated
under this scheme shall be used Socialized and economic housing. A
primarily for micro-credit for the poor. type of housing project provided to
SSIs are not eligible as legal reserve of moderately low income families with
banks and legal reserves prescribed of lower interest rates and longer
insurance companies operating in the amortization periods. [Sec. 3, BP 220].
Philippines. [Sec. 3, RA 8425].
Socialized housing. Housing pro-grams
Small-scale fishing. See Municipal and projects covering houses and lots or
fishing. homelots only undertaken by the
Government or the private sector for the
Small-scale mining. Mining activities underprivileged and homeless citizens
which rely heavily on manual labor using which shall include sites and services
simple implement and methods and do development, long-term financing,
not use explosives or heavy mining liberalized terms on interest payments,
equipment. [Sec. 3. RA 7076]. and such other benefits in accordance
with the provisions of the law. [Sec. 3,
Small-scale mining contract. Co- RA 7279].
production, joint venture or mineral

603
Social justice. It is neither communism,

nor despotism, nor atomism, nor Social Security Act of 1987. RA 8282
anarchy, but the humanization of laws entitled An Act further strengthening
and the equalization of social and the Social Security System thereby
economic forces by the State so that amending for this purpose Republic Act
justice in its rational and objectively No. 1161, as amended, otherwise
secular conception may at least be known as the Social Security Law
approximated. Social justice means the enacted on May 1, 1997.
promotion of the welfare of all the
people, the adoption by the Government Social Security System (SSS). The
of measures calculated to insure Social Security System created under RA
economic stability of all the component 1161, as amended. [Sec. 1, RA 9241].
elements of society, through the
maintenance of a proper economic and Social work. The profession which is
social equilibrium in the interrelations of primarily concerned with organized
the members of the community, social service activity aimed to facilitate
constitutionally, through the adoption of and strengthen basic social relationships
measures legally justifiable, or extra- and the mutual adjustment between
constitutionally, through the exercise of individuals and their social environment
powers underlying the existence of all for the good of the individual and of
governments on the time-honored society. [Sec. 1, RA 4373].
principle of salus populi est suprema lex.
Social justice, therefore, must be Social work agency. A person,
founded on the recognition of the corporation or organization, private or
necessity of interdependence among governmental, that engages mainly and
divers and diverse units of a society and generally, or represents itself to engage
of the protection that should be equally in social welfare work, whether
and evenly extended to all groups as a casework, group work, or community
combined force in our social and work, and obtains its finances, either
economic life, consistent with the totally or in part, from any agency or
fundamental and paramount objective instrumentality of the government
of the state of promoting the health, and/or from the community by direct or
comfort, and quiet of all persons, and of indirect solicitations and/or fund drives,
bringing about 'the greatest good to the and/or private endowment. [Sec. 1, RA
greatest number. [Justice Laurel in 4373].
Calalang v. Williams, 70 Phil., 726].
Social worker. A practitioner who by
Social legislation. Laws that pro-vide accepted academic training and social
particular kinds of protection or benefits work professional experience possesses
to society or segments thereof in the skill to achieve the objectives as
furtherance of social justice. [Azucena, defined and set by the social work
The Labor Code with Comments and profession, through the use of the basic
Cases, Vol. 1, 4th Ed. 1999, p. 8]. methods and techniques of social work
(casework, group work, and community
Social reform. The continuing process of organization) which are designed to
addressing the basic inequities in enable individuals, groups and
Filipino society through a systematic, communities to meet their needs and to
unified and coordinated delivery of solve the problems of adjustment to a
socio-economic programs or packages. changing pattern of society and,
[Sec. 3, RA 8425]. through coordinated action, to improved
economic and social conditions, and is
Social Reform and Poverty connected with an organized social work
Alleviation Act. RA 8425 entitled An agency which is supported partially or
Act institutionalizing the social reform wholly from government or community
and poverty alleviation program, solicited funds. [Sec. 1, RA 4373].
creating for the purpose the National
Anti-Poverty Commission, defining its Sociedad anonima. Sp. Anonymous
powers and functions, and for other partnership. [Reyes v. Compaia
purposes enacted on Dec. 11, 1997. Maritima, GR 1133. Mar. 29, 1904].

604
relief may be obtained from either.

Socio-culturally sound. The Compare with Joint debtor.
consideration of the social structure of
the community such as leadership Solidary or joint and several
pattern, distribution of roles across obligation. An obligation in which each
gender and age groups, the diversity of debtor is liable for the entire obligation,
religion and other spiritual beliefs, and each creditor is entitled to demand
ethnicity and cultural diversity of the the whole obligation. [Inciong v. CA, GR
population. [Sec. 4, RA 8435]. 96405. June 26, 1996, citing Tolentino,
Civil Code of the Phil., Vol. IV, 1991,
Sodomy. 1. Anal copulation by sexual Ed., p. 217]. Compare with Joint
deviants or copulation with a beast. obligation.
117]. 2. Unnatural sex acts, including Solo parent. Any individual who falls
copulation, either between two persons under any of the following categories:
of the same sex or between a person (a) A woman who gives birth as a result
and an animal (the latter act is known of rape and other crimes against
as bestiality). [Duhaime's Legal Dict., chastity even without a final conviction
2004]. of the offender: Provided, That the
mother keeps and raises the child; (b)
Solar month. See Civil month. parent left solo or alone with the
responsibility of parenthood due to
Solemn contracts. Contracts which the death of spouse; (c) parent left solo or
law itself requires to be in some alone with the responsibility of
particular form (writing) in order to parenthood while the spouse is detained
make them valid and enforceable. or is serving sentence for a criminal
[Dauden-Hernaez v. Delos Angeles, GR conviction for at least one (1) year; (d)
L-27010. Apr. 30, 1969]. parent left solo or alone with the
Sole practitioners. The term lawyers physical and/or mental incapacity of
who practice alone are often called. spouse as certified by a public medical
[Cayetano v. Monsod, GR 100113. Sep. practitioner; (e) parent left solo or alone
3, 1991]. with the responsibility of parenthood
due to legal separation or de facto
Solicitation Permit Law. PD 1564 separation from spouse for at least one
entitled Amending Act No. 4075, (1) year, as long as he/she is entrusted
otherwise known as the Solicitation with the custody of the children; (f)
Permit Law signed into law on June 11, parent left solo or alone with the
1978. responsibility of parenthood due to
declaration of nullity or annulment of
Solicitor. A lawyer that restricts his marriage as decreed by a court or by a
practice to the giving of legal advice and church as long as he/she is entrusted
does not normally litigate. [Duhaime's with the custody of the children; (g)
Legal Dict., 2004]. parent left solo or alone with the
Solicitor General. The principal law abandonment of spouse for at least one
officer and legal defender of the (1) year; (h) unmarried mother/father
(Philippine) Government. [Sec. 34, who has preferred to keep and rear
Chap. 12, EO 292]. her/his child/children instead of having
others care for them or give them up to
Solidary. Jointly and/or severally; a welfare institution; (i) any other
individually and/or collectively; in person who solely provides parental
solidum. [Diaz, Bus. Law Rev., 1991 Ed., care and support to a child or children;
p. 26]. (j) any family member who assumes the
responsibility of head of family as a
Solidary co-debtors. Debtors either of result of the death, abandonment,
whom is indispensable and are not even disappearance or prolonged absence of
indispensable parties because complete the parents or solo parent. [Sec. 3, RA
8972].

605
Sound recording. The fixation of the

Solutio indebiti. 1. A civil law concept sounds of a performance or of other
whereby the obligation to return sounds, or representation of sound,
something arises if it was received when other than in the form of a fixation
there is no right to demand it, and it incorporated in a cinematographic or
was unduly delivered through mistake. other audiovisual work. [Sec. 202, RA
[Art. 2154, CC]. 2. A tie or juridical 8293].
relation which, by virtue of a payment of
what is not due, made through mistake, Sound value. Also Net appraised
is created between the person who paid value. The value per appraisal
and the one who received the payment, computed by deducting observed
compelling the latter in consequence depreciation from appraised value.
thereof, to return what he has received. [RCPI v. Natl. Wages Council, GR
[Torres, Oblig. & Cont., 2000 Ed., p. 93044. Mar. 26, 1992].
291, citing 12 Manresa, p. 588]. 3. It is
one of the concrete manifestations of Source. The word conveys only one idea,
the ancient principle that no one shall that of origin. [Manila Gas Corp. v. Coll.
unjustly enrich himself at the expense of Of Int. Rev., GR 42780. Jan. 17, 1936].
another. [Velez v. Balzara, 73 Phil. 630].
Source identification code (SID
Solutio indebiti. Requisites: (a) That code). A system of codes to identify the
something has been received when source of all optical media mastered,
there was no right to demand it and (b) manufactured or replicated by any
the same was unduly delivered through establishment or entity. [Sec. 3, RA
mistake. [PNB v. CA, GR 97995. Jan. 21, 9239].
1993].
Source of an income. The property,
Solvency. Ability to pay debts as they activity or service that produced the
mature. Ability to pay debts in the usual income. [Howden and Co., Ltd. v. Coll.
and ordinary course of business. Excess of Int. Rev., 13 SCRA 601 (1965)].
of assets over liabilities. [Blacks Law
Dict., Abr. 5th Ed. (1983), p. 723]. Source rule. Also Situs rule. Taxation of
taxable items by the country of source
Solvent bank. One in which its assets or location. [Comm. of Int. Rev. v.
exceed its liabilities. [Banco Filipino Procter & Gamble Phil., GR 66838. Dec.
Savings and Mortgage Bank v. The 2, 1991]. Compare with Domiciliary or
Monetary Board, GR 70054. Dec. 11, nationality principle.
1991].
Sovereign. It has two meanings. The
SONA. State of the Nation Address. first one is a technical word for the
monarch (king or queen) of a particular
So ordered. The phrase which court country as in "the Sovereign of England
decisions generally contain. A decision, is Queen Elizabeth." The other meaning
however, is valid and binding when it of the word is to describe the supreme
clearly and distinctly states the findings legislative powers of a state: that they
of facts and conclusions of law on which are totally independent and free from
it is based. The phrase "so can very well any outside political control or authority
be omitted in a decision without over their decisions. [Duhaime's Legal
affecting its integrity and validity. [Nillo Dict., 2004].
v. CA, GR 54079. June 29, 1989].
Sovereign equality of states
Sorcery. The use of power gained from principle. Under the principle, one
the assistance or control of evil spirits, state cannot assert jurisdiction over
especially for divining; divination by another in violation of the maxim par in
black magic; necromancy; witchcraft. parem non habet imperium (an equal
[People v. Sario, GR L-20754 & L-20759. has no power over an equal). [Jusmag
June 30, 1966]. v. NLRC, GR 108813. Dec. 15, 1994,
citing Cruz, Phil. Pol. Law, 1991 Ed., p.
29].

606
tubular as in macaroni). [Farm

Sovereign immunity. The doctrine that Implement Machinery Co. v. Comm. of
the government, state or federal, is Customs, GR L-12613. May 30, 1962,
immune to lawsuit unless it give its citing Webster's Intl. Dict.].
consent. [Glossary of Legal Terms (Pro-
Se), 2004]. Spanish Crown titles. Titles granted by
the Spanish Crown are: (a) the titulo
Sovereign immunity, classical or real or royal grant, (b) the concession
absolute theory of. According to the special or special grant; (c) the "the
classical or absolute theory, a sovereign composicion con el estado" title or
cannot, without its consent, be made a adjustment title; (d) the titulo de
respondent in the courts of another compra or title by purchase and (e) the
sovereign. [USA v. Ruiz, 136 SCRA 487 informacion possessoria or possessory
(1987)]. information title which could become a
"titulo gratuito" or a gratuitous title.
Sovereign immunity, newer or [Dir. of Forestry v. Muoz, GR L-25459.
restrictive theory of. According to the June 28, 1968].
newer or restrictive theory, the
immunity of the sovereign is recognized Spare parts. 1. The replacement parts or
only with regard to public acts or acts components of vessel, including but not
jure imperii of a state, but not with limited to its hull, engines, machineries,
regard to private acts or acts jure equipment, appurtenances, necessaries
gestionis. [USA v. Ruiz, 136 SCRA 487 accessories, article, supplies, materials,
(1987)]. steel plates, aluminum plates, other
metal plates, communications,
Sovereign or state immunity. Doctrine equipment, and other parts or
that municipal courts must decline to components thereof, installed abroad
hear suits against foreign sovereigns. the ships necessary for its safe and
[Intl. Law Dict. & Direct., 2004]. efficient navigation and operation. [Sec.
3, RA 9295]. 2. Also Manufactured
Sovereignty. Pol. Law. The right to components. Any article designed or
exercise the functions of a State to the manufactured for the special purpose of
exclusion of any other State. It is often being used or to replace, a component
referred to as the power of imperium, or integral part of a machine,
which is defined as the government equipment, vehicle or industrial plant
authority possessed by the State. On and which by reason of some
the other hand, dominion, or dominium, characteristics is generally classified as
is the capacity of the State to own or capital goods and, is primarily adapted
acquire property such as lands and for use a component part of such
natural resources. [Separate Opinion, machines, equipment, vehicles or
Kapunan, J., in Cruz v. Sec. of DENR, industrial plant, as may be allowed by
GR 135385, Dec. 6, 2000]. any implementing rules and regulations.
[Sec. 12, PD 1419]. 3. Metallic parts
Sovereignty of the skies principle. exclusively for railroad rolling stocks,
Intl. Law. Assertion made by states that irrigation and waterworks equipment,
they have complete and exclusive mining equipment, farm machineries,
sovereignty over the airspace above gasoline and diesel engines. [Sec. 2, RA
their territories. [Intl. Law Dict. & 4095].
Direct., 2004].
Sparklers. Pyrotechnic devices usually
Sower in bad faith. A sower who sows made of black powder on a piece of wire
knowing that the land does not belong or inside a paper tube designed to light
to him and that he has no right to sow up and glow after igniting. [Sec. 2, RA
thereon. [Morenos Law Dict., 2000 Ed., 7183].
p. 439].
Sparrow unit. The liquidation squad of
Spaghetti. A variety of alimentary paste the New People's Army with the
made in cords of small diameter but objective of overthrowing the duly
larger than vermicelli and solid (not

607
constituted government. [People v. Leon, Fundamentals of Taxation, 2000

Dasig, GR 100231. Apr. 28, 1993]. Ed., p. 16].
Special. Designed for a particular Special crossed check. A check on

purpose; confined to a particular which are placed two parallel lines
purpose, object, person, or class and is, diagonally on the left top portion of the
therefore, the antonym of general. check and between such lines is written
[Rep. v. Asuncion, GR 108208. Mar. 11, the name of a bank or a business
1994, citing Black's Law Dict. 1397 (6th institution, in which case the drawee
Ed., 1990)]. should pay only with the intervention of
that bank or company. [State
Special administrator. 1. The person Investment House v. IAC, GR 72764.
appointed by the court, when there is July 13, 1989]. Compare with General
delay in granting letters testamentary or crossed check.
of administration by any cause including
an appeal from the allowance or Special crossing. The crossing of a
disallowance of a will, to take check where the name of a bank or a
possession and charge of the estate of business institution is written between
the deceased until the questions causing the two parallel lines, which means that
the delay are decided and executors or the drawee should pay only with the
administrators appointed. [Sec. 1, Rule intervention of that company.
80, RoC]. 2. The representative of [Associated Bank v. CA, GR 89802. May
decedent appointed by the probate 7, 1992]. Compare with General
court to care for and preserve his estate crossing.
until an executor or general
administrator is appointed. [Jones v. Special day. A special holiday, as
Minnesota Transfer R. Co. 1965 ed., at provided by the Administrative Code of
106 cited in Fule v. CA, 74 SCRA 189]. 1987. [Associated Labor Unions (ALU)-
TUCP v. Letrondo-Montejo, GR 111988.
Special agency. An agency that Oct. 14, 1994].
comprises all the business of the
principal. [Art. 1876, CC]. Compare with Special deposit. A delivery of money or
General agency. other property to a bank for safe-
keeping and return in kind (the same
Special agent. A public official, who kind). Title to the thing deposited
must not only be specially commissioned remains in the depositor, and the bank
to do a particular task but that such task becomes his agent, bailee, or trustee.
must be foreign to said official's usual [Morenos Law Dict., 2000 Ed., p. 440].
governmental functions. A private
individual commissioned by the Special Economic Zone Act of 1995,
government for a special governmental The. RA 7916 entitled An Act providing
task. [Fontanilla v. Maliaman, GR 55963. for the legal framework and
Dec. 1, 1989]. mechanisms for the creation, operation,
administration, and coordination of
Special appropriations bill. A bill (in special economic zones in the
Congress) which specifies the purpose Philippines, creating for this purpose,
for which it is intended, and is the Philippine Economic Zone Authority
supported by funds actually available as (PEZA), and for other purposes enacted
certified by the National Treasurer, or to on Feb. 24, 1995.
be raised by a corresponding revenue
proposed therein. [Sec. 25(4), Art. VI, Special economic zones (SEZ).
1987 Const.]. Compare with General Selected areas with highly developed or
appropriations bill. which have the potential to be
developed into agro-industrial,
Special assessment. Taxation. An industrial, tourist/ recreational,
enforced proportional contribution from commercial, banking, investment and
owners of lands especially or peculiarly financial centers. An Ecozone may
benefited by public improvements. [De contain any or all of the following:
industrial estates (IEs), export

608
processing zones (EPZs), free trade 1964]. Compare with Primary or

zones, and tourist/recreational centers. corporate franchise.
[Sec. 4, RA 7916].
Special packaging. A packaging that is
Special indorsement. Nego. Inst. An designed or constructed to be
indorsement that specifies the person to significantly difficult for children five
whom, or to whose order, the years of age to open or to obtain a toxic
instrument is to be payable, and the or harmful amount of the substance
indorsement of such indorsee is contained therein within a reasonable
necessary to the further negotiation of time and not difficult for normal adults
the instrument. [Sec. 34, NIL]. to use properly but does not mean
packaging which all such children
Special injury. Material, moral and cannot open or obtain a toxic or harmful
physical injury sustained by a property amount within a reasonable time. [Art.
owner and members of his family, and 4, RA 7394].
not shared by the general public, by
reason of a public nuisance. [Morenos Special proceeding. A remedy by which
Law Dict., 2000 Ed., p. 440]. a party seeks to establish a status, a
right, or a particular fact. [Sec. 3(c),
Specialization. Training to consolidate, Rule 1, RoC].
deepen and broaden skills and
knowledge for a particular task, function Special project or undertaking. Under
or aspect of a worker's occupation. [Sec. Art. 280 of the Labor Code, it
1, Rule 1, Book 2, IRR of LC]. contemplates an activity which was
commonly or habitually performed or
Specialized agencies. International such type of work which is not done on
bodies which, while not part of the a daily basis but only for a specific
United Nations, have been brought into duration of time or until the completion
close contact with it because of their of the project. The services employed
purposes and functions. [Cruz, Intl. Law are thus necessary or desirable in the
Reviewer, 1996 Ed., p. 24]. employer's usual business only for the
period of time it takes to complete the
Special judgment. A judgment that project. Without the performance of
requires the performance of an act such services on a regular basis, the
other that (a) the payment of money; employer's main business is not
and (b) the sale of real property. expected to grind to a halt. [Tucor
[Claridades, A., Compilation of Notes, Industries, Inc. v. NLRC, GR 96608-09.
2001-2006]. May 20, 1991].
Special law. A law which is different Special project training. An organized

from others of the same general kind or activity or sets of activities in aid of
design for a particular purpose or human resources development which do
limited in range or confined to a not fall squarely under any of the
prescribed field of action or operation. previously described types of activities.
[Morenos Law Dict., 2000 Ed., p. 440]. [Sec. 1, Rule 1, Book 2, IRR of LC].
Special motion. A motion addressed to Special Protection of Children

the discretion of the court. [Claridades, Against Abuse, Exploitation and
A., Compilation of Notes, 2001-2006]. Discrimination Act. RA 7610 entitled
An Act providing for stronger
Special or secondary franchise. The deterrence and special protection
right vested in the corporation which against child abuse, exploitation and
may ordinarily be conveyed or discrimination, and for other purposes
mortgaged under a general power enacted on June 17, 1992.
granted to a corporation to dispose of
its property, except such special or Special purpose corporation (SPC). A
secondary franchises as are charged, juridical person created in accordance
with a public use. [JRS Business v. with the Corporation Code of the
Imperial Ins., GR L-19891. July 31, Philippines solely for the purpose of

609
securitization and to which the Seller construction work requiring special skill
makes a true and absolute sale of and whose principal contracting
assets. [Sec. 3, RA 9267]. business involves the use of specialized
building trades or crafts. [Sec. 9, RA
Special purpose entity (SPE). Either a 4566].
special purpose corporation (SPC) or a
special purpose trust (SPT). [Sec. 3, RA Specialty principle. Intl. Law. By this
9267]. principle, a fugitive may be tried or
punished only for a crime specified in
Special purpose trust (SPT). A trust the extradition treaty and in the request
administered by an entity duly licensed for extradition. [Cruz, Intl. Law
to perform trust functions under the Reviewer, 1996 Ed., p. 116].
General Banking Law, and created solely
for the purpose of securities and to Specific aggravating circumstances.
which the Seller makes a true and Those which apply to a particular felony
absolute sale of assets. [Sec. 3, RA like cruelty in crimes against persons.
9267]. [Gregorio, Fund. of Crim. Law Rev.,
1997 9th Ed., p. 112].
Special purpose vehicle. A motor
vehicle designed for specific application Specification. 1. Property. The giving of
such as cement mixer, fire truck, boom a new form to material belonging to
truck, ambulance and/or medical unit, another, such as when grapes belonging
and off-road vehicles for heavy to one person are converted to wine by
industries and not for the recreational another, or marble of one person is
activities. [RA 9224]. made into a statue by another.
Special retainer. A fee for a particular II, Repr. 2001, p. 99]. 2. Prop. Mgt.
case or specific service to be performed Technical description of supplies or
by a lawyer. [Morenos Law Dict., 2000 property being requisitioned or ordered,
Ed., p. 441]. which should be clear and complete,
including if necessary, the specific uses
Special statute. A statute which relates therefor and how acceptability thereof
to particular persons, entities or things can be determined. [IRR on Supply &
of a class. E.g.: Child and Youth Welfare Prop. Mgt., per Sec. 383, LGC].
Code. [Suarez, Stat. Con., (1993), p.
96]. Compare with General statute. Specific denial. The specification by a
defendant of each material allegation of
Special time allowance for loyalty. A fact the truth of which he does not
deduction of one-fifth of the period of admit and, whenever practicable, the
the sentence granted to any prisoner setting forth of the substance of the
who, having evaded the service of his matters upon which he relies to support
sentence under the circumstances his denial. Where a defendant desires to
mentioned in Art. 58 of the Rev. Penal deny only a part of an averment, he
Code, gives himself up to the authorities shall specify so much of it as is true and
within 48 hours following the issuance material and shall deny only the
of a proclamation announcing the remainder. Where a defendant is
passing away of the calamity or without knowledge or information
catastrophe referred to in said Article. sufficient to form a belief as to the truth
[Art. 98, RPC]. of a material averment made in the
complaint, he shall so state, and this
Special time deposit. A deposit made shall have the effect of a denial. [Sec.
with the express understanding that the 10, Rule 8, RoC].
same shall be kept for some definite
period of time. This is diametrically Specific performance. 1. A remedy
opposed to the nature of loan. available to a person who has the right
[Morenos Law Dict., 2000 Ed., p. 441]. to demand from another the
performance of an obligation. [Torres,
Specialty contractor. A person whose Oblig. & Cont., 2000 Ed., p. 354]. 2. A
operations pertain to the performance of remedy requiring a person who has

610
breached a contract to perform according to conscience, above all

specifically what he has agreed to do. liberties. It thus includes, not only the
Specific performance is ordered when right to express one's views, but also
damages would be inadequate other cognate rights relevant to the free
compensation. [Glossary of Legal Terms communication of ideas, not excluding
(Pro-Se), 2004]. 3. A court order the right to be informed on matters of
directing a party to carry out the public concern. [Osmea v. Garcia, GR
obligations it had contractually promised 132231. Mar. 31, 1998].
to do. [Intl. Law Dict. & Direct., 2004].
Speedy disposition of cases. The right
Specific tax. 1. Tax of a fixed amount which is broader than speedy trial and
imposed by the head or number, or by applies to civil, criminal and
some standard of weight or administrative cases. [Suarez, Pol. Law
measurement; it requires no assessment Reviewer, 1st Ed., 2002, pp. 228-229].
(valuation) other than a listing or Compare with Speedy trial.
classification of the objects to be taxed.
[De Leon, Fundamentals of Taxation, Speedy trial. 1. A trial conducted
2000 Ed., p. 14, citing 51 Am. Jur. 53]. according to the law of criminal
2. A type of excise tax which is imposed procedure and the rules and regulations,
and based on weight or volume capacity free from vexatious, capricious and
or any other physical unit of oppressive delays. [Flores v. People, 61
measurement. [Comm. of Int. Rev. v. SCRA 331 (1974)]. 2. A trial conducted
Mobile Phil. Inc., GR 104920. Apr. 28, according to the law of criminal
1994]. Compare with Ad valorem tax. procedure and the rules and regulations,
free from vexatious, capricious, and
Specific undertaking. Labor. A special oppressive delays. [Kalaw v. Apostol, GR
type of venture or project whose 45591. Oct. 15, 1937]. Compare with
duration is coterminous with the Speedy disposition of cases.
completion of the project. [Beta Electric
Corp. v. NLRC, GR 86408. Feb. 15, Speedy Trial Act of 1998. RA 8493
1990]. entitled An Act to ensure a speedy trial
of all criminal cases before the
Speculate. To enter into a business Sandiganbayan, Regional Trial Court,
transaction or venture from which the Metropolitan Trial Court, Municipal Trial
profits or return are conjectural because Court, and Municipal Circuit Trial Court,
the undertaking is outside of the appropriating funds therefor, and for
ordinary course of business to purchase other purposes enacted on Feb. 12,
or sell with the expectation of profiting 1998.
by anticipated, but conjectural,
fluctuations in price; often in a Speedy trial, right to. The right of the
somewhat depreciative sense, to accused to be free from vexatious,
engage in hazardous business capricious, and oppressive delays, its
transaction for the chance of an salutary objective being to assure that
unusually large profit; as to speculate in an innocent person may be free from
coffee, in sugar or in bank stock. anxiety and expense of a court litigation
[Ortega v. Orcine, GR L-28317. Mar. 31, or, if otherwise, of having his guilt
1971, citing Webster's Intl. Dict., 2nd Ed. determined within the shortest possible
p. 2417]. time compatible with the presentation
and consideration of whatever
Speculative securities. They include all legitimate defense he may interpose.
securities to promote or include the sale [People v. Jardin, 124 SCRA 167, 173;
of which profit, gain, or advantage Andres v. Cacdac, 113 SCRA 216].
unusual in the ordinary course of
legitimate business is in any way Speleogem. Relief features on the walls,
advertised or promised. [Sec. 1 , Act ceilings and floor of any cave or lava
2581]. tube which are part of the surrounding
bedrock, including but not limited to
Speech, freedom of. The liberty to anastomoses, scallops, meander niches,
know, to utter and to argue freely petromorphs and rock pendants in

611
solution caves and similar features judgment upon the merits in any one is
unique to volcanic caves. [Sec. 3, RA available as a ground for the dismissal
9072]. of the others. [Sec. 4, Rule 2, RoC].
Speleothem. Any natural mineral Splitting of cause of action. The

formation or deposit occurring in a cave practice of dividing one cause of action
or lava tube, including but not limited to into different parts and making each
any stalactite, stalagmite, helictite, cave part subject of a separate complaint.
flower, flowstone, concretion, drapery, [Albano, Rem. Law Reviewer, 1st Ed., p.
rimstone or formation of clay or mud. 75].
[Sec. 3, RA 9072].
Splitting of payments. It arises when
Spendthrift. 1. One who squanders his two or more payments for one or more
substance for the pleasure of the items involving one purchase order are
fleeting moment. [Dir. of Lands v. made in order to avoid inspection of
Abanzado, GR L-21814. July 15, 1975]. deliveries; avoid action, review or
2. On e who spends money profusely approval by higher authorities; (or)
and improvidently; a prodigal; one who avoid public bidding. [Fonacier v.
lavishes or wastes his estate. [Blacks Sandiganbayan, GR L-50691. Dec. 5,
Law Dict., Abr. 5th Ed. (1983), p. 727]. 1994].
Sperm. Legal Med. A living organism Spoliation. A change shown to have

consisting of a head, neck and tail which been made by one who was the agent
carries the mans genes and is made in of one of the parties, but without the
the testes and stored in the seminal express or implied authority, and
vesicles. During sexual intercourse, the outside the scope of his employment.
sperm is transported along with a fluid [Herrera, Rem. Law, 1999 Ed., p. 307,
called semen through the vas deferens citing Walsh v. Hunt, 120 Cal. 46, p.
and the erect penis. [Olarte, Legal Med., 115]. Compare with Alteration or
1st Ed. (2004), p. 125]. amendment.
Split jurisdiction. Two judicial bodies Sponcion or sub speratii. Intl. Law. An
exercising jurisdiction over an essentially undertaking by a person in behalf of his
the same subject matter a situation state, not specifically empowered to
analogous to split jurisdiction which is center into it. It is an agreement by an
obnoxious to the orderly administration officer not possessing proper authority,
of justice. [Benguet Corp. v. Leviste, GR and may require ratification or express
65021. Nov. 21, 1991]. acceptance by the State to render it
effective. [Coquia and Santiago, Intl.
Splitting. 1. Division or breaking up of Law, 3rd Ed. (1998), pp. 494-495].
requisition or order into separate
requisitions or orders, of smaller Sponsorship. Any public or private
quantities and amounts, to avoid review contribution to a third party in relation
and/or induce approval thereof by to an event, team or activity made with
higher authorities. [IRR on Supply & the aim of promoting a brand of tobacco
Prop. Mgt., per Sec. 383, LGC]. 2. product, which event, team or activity
Dividing or breaking up into separate would still exist or occur without such
parts or portions, or an act resulting in a contribution. [Sec. 4, RA 9211].
fissure, rupture, breach. Within the
sphere of government procurement, Spontaneous exclamation. A
splitting is associated with requisitions, statement or exclamation made
purchase orders, deliveries and immediately after some exciting
payments. [Fonacier v. Sandiganbayan, occasion by a participant or spectator
GR L-50691. Dec. 5, 1994]. and asserting the circumstances of that
occasion as it is observed by him.
Splitting a single cause of action, [People v. Sanchez, GR 74740. Aug. 28,
effect of. If two or more suits are 1992].
instituted on the basis of the same
cause of action, the filing of one or a

612
Spontaneous statements. Evid. properties for residential purposes.

Statements made by a person while a [Rep. v. Vda. De Caliwan, GR L-16927.
startling occurrence is taking place or May 31, 1961].
immediately prior or subsequent thereto
with respect to the circumstances Squatting. Elements: (a) That there be
thereof. [Sec. 42, Rule 130, RoC]. occupation or a taking of possession of
Compare with Verbal acts. property for residential, commercial or
any other purposes, and (b) that in
Sports car. A high-powered vehicle, occupying or taking possession of the
usually a two-seater, especially property, the offender did so by force,
manufactured for speed. [Sec. 1, PD intimidation or threat or by taking
843]. advantage of the absence or tolerance
of its owner and against his will.
Spouse. Ones wife or husband. [Blacks [Jumawan v. Eviota, GR 85512-13. July
Law Dict., Abr. 5th Ed. (1983), p. 728]. 28, 1994].
Sprinkler system. An integrated Squatting syndicates. Groups of

network of hydraulically designed piping persons engaged in the business of
installed in a building, structure or area squatter housing for profit or gain. [Sec.
with outlets arranged in a systematic 3, RA 7279].
pattern which automatically discharges
water when activated by heat or Stabilize. The provision of necessary
combustion products from a fire. [Sec. care until such time that the patient
3, PD 1185]. may be discharged or transferred to
another hospital or clinic with a
Spurious children. 1. Illegitimate reasonable probability that no physical
children other than natural. [Claridades, deterioration would result from or occur
A., Compilation of Notes, 2001-2006]. 2. during such discharge or transfer. [Sec.
Children whose father, at the time of 2, RA 8344].
their conception, could not marry the
mother, because he was already Stable. Firmly established. [Tatad v. Sec.
married to another woman, and who of Energy, GR 124360. Nov. 5, 1997,
therefore fall within the category of citing Webster, New 3rd Intl. Dict., 1993
illegitimate children other than natural in Ed., p. 2218].
Art. 287 of the Civil Code. [Morenos
Law Dict., 2000 Ed., pp. 442-443]. Stab wounds. The phrase is used
Compare with Natural children. generically to include all wounds that
may be caused "by weapons such as
Spy. Intl. Law. An individual who, acting knives, scissors, three-cornered files, or
clandestinely, or on false pretenses, ice picks with a circular shaft, all
obtains or seeks to obtain information in possessing a sharp point but having
the zone of operations of a belligerent, blades of different shapes. Stabbing
with the intention of communicating it may be done with an ice pick and the
to the hostile party. [Cruz, Intl. Law puncture is correctly called a stab
Reviewer, 1996 Ed., p. 138]. wound. [People v. Espinosa, GR 72883.
Dec. 20, 1989].
Squatter. One who settles on the land of
another without any legal authority. This Stale check. A check where there has
term is applied particularly to person been unreasonable delay by the holder
who settle on the public land. in presenting it for payment. [Martin,
[Buenavente v. Melchor, GR L-33145. Commentaries and Jurisp. on Comml.
Mar. 30, 1979, citing 3 Mart. La. U.S. Laws, Vol. 1, 1988 Rev. Ed., p. 383].
293].
Stale demand. See Laches.
Squatters. Individuals who, without
necessarily employing violence, either Stalking. An intentional act committed by
physical or moral, and taking advantage a person who, knowingly and without
of the absence or tolerance of land lawful justification follows the woman or
owners, succeed in occupying their her child or places the woman or her

613
child under surveillance directly or Standpipe system. A system of vertical

indirectly or a combination thereof. pipes in a building to which fire hoses
[Sec. 3, RA 9262]. can be attached on each floor, including
a system by which water is made
Stall. A shed where goods or available to the outlets as needed. [Sec.
merchandise are stored or exposed for 3, PD 1185].
sale whether on wholesale or retail. It
cannot be different from a store or shop Stare decisis. Lat. To stand by decisions.
where goods are deposited and sold by 1. The common law principle which
one engaged in selling and buying obliges an inferior court to follow the
goods. [Morenos Law Dict., 2000 Ed., p. clear findings in law of a superior court
443]. of the same jurisdiction. Supreme courts
and inferior courts may also hold
Standard. 1. A set of conditions to be themselves bound by their own
fulfilled to ensure the quality and safety decisions. Nota bene: Stare decisis is an
of a product. [Art. 4, RA 7394]. 2. A abbreviation of the full Latin maxim,
gauge which has been established by Stare decisis et non quieta movere,
authority, custom or common meaning stand by decisions and do not
acceptance as proper and adequate for disturb the calm." [Tetley, Glossary of
a given purpose. [IRR on Supply & Prop. Conflict of Laws, 2004]. 2. A basic
Mgt., per Sec. 383, LGC]. principle of the law whereby once a
decision (a precedent) on a certain set
Standard of proof. Indicates the degree of facts has been made, the courts will
to which the point must be proven. In a apply that decision in cases which
civil case, the burden of proof rests with subsequently come before it embodying
the plaintiff, who must establish his case the same set of facts. A precedent
by such standards of proof as a which is binding; must be followed.
preponderance of evidence or clear and [Duhaime's Legal Dict., 2004].
convincing evidence. [Glossary of Legal
Terms (Pro-Se), 2004]. See Burden of Stare decisis et no movere. Lat. Follow
proof. past precedent and do not disturb what
has been settled. [Torillo v. Leogardo,
Standards. Voluntary guidelines that Jr., GR 77205. May 27, 1991].
specify the same things that technical
regulations mandatorily specify. [Intl. Stare decisis et non quieta movere.
Law Dict. & Direct., 2004]. Lat. Stand by decisions and do not
disturb the calm; From settled
Standby letter of credit. A letter of precedents, there must be no departure.
credit obtained by a buyer naming the 1. This legal maxim has evolved out of
seller as a beneficiary. [Intl. Law Dict. & an ancient practice of subscribing to
Direct., 2004]. well-settled precedents and if the law is
able to attain some degree of
Standing. The legal right to bring a permanence or stability, it is also
lawsuit. Only a person with something because of the judicial adherence to
at stake has standing to bring a lawsuit. precedents. 2. To stand by decisions
[Glossary of Legal Terms (Pro-Se), and not disturb settled matters.
2004]. [Dioquino v. Cruz, GR L-38579. Sep. 9,
1982].
Standing committee. A term of
parliamentary law which refers to those State. Intl. Law. 1. Those groups of
committees which have a continued people which have acquired
existence; that are not related to the international recognition as an
accomplishment of a specific, once-only independent country and which have
task as are ad hoc or special four characteristics; permanent and
committees. Standing committees large population with, generally, a
generally exist as long as the common language; a defined and
organization to which it reports exists. distinct territory; a sovereign
[Duhaime's Legal Dict., 2004]. government with effective control; and
a capacity to enter into relations with

614
other states (i.e., recognized by other together with the substance of the proof
states). [Duhaime's Legal Dict., 2004]. relating thereto in sufficient detail to
2. A political entity comprising a make it clearly intelligible, with page
territory, a population, a government references to the record. [Sec. 13, Rule
capable of entering into international 44, RoC].
relations, and a government capable of
controlling its territory and peoples. Statement of the case. Rem. Law. That
[Intl. Law Dict. & Direct., 2004]. part of the appellant's brief which shall
contain a clear and concise statement of
State. Elements: (a) People; (b) territory; the nature of the action, a summary of
(c) government; and (d) sovereignty. the proceedings, the appealed rulings
[Suarez, Pol. Law Reviewer, 1st Ed., and orders of the court, the nature of
2002, p. 23]. the judgment and any other matters
necessary to an understanding of the
State continuity principle. Intl. Law. It nature of the controversy, with page
means that the legal existence of a state references to the record. [Sec. 13, Rule
continues notwithstanding changes in 44, RoC].
the size of its population or territory or
in the form of leadership of its Statement of votes. 1. A machine-
government. [Cruz, Intl. Law Reviewer, generated document containing the
1996 Ed., p. 38]. votes obtained by candidates in each
precinct in a city/municipality. [Sec. 2,
Stated installments. Nego. Inst. RA 8436]. 2. A document containing
Installments whereby the sum as well detailed entries of the votes obtained by
the date when each and every each candidate in each of the precincts
installment is due are stated on them in a municipality or in each of the
face of the instrument. [Claridades, A., municipalities in a province. [Sec. 2, RA
Compilation of Notes, 2001-2006]. 8046].
State immunity. See Sovereign State of necessity acts. The acts of a

immunity. person amounting to interference with a
thing the ownership of which belongs to
Statelessness. The condition or status of another who has no right to prohibit the
an individual who is born without any same if such is necessary to avert an
nationality or who loses his nationality imminent danger and the threatened
without retaining or acquiring another. damage, compared to the damage
[Cruz, Intl. Law Reviewer, 1996 Ed., p. arising to the owner from the
107]. interference, is much greater. The
owner may demand from the person
Stateless person. A person who is not benefited indemnity for the damage to
considered as a national by any State him. [Art. 432, CC].
under the operation of its law. [Frivaldo
v. Comelec, GR 120295. June 28, 1996, State of the Nation Address (SONA).
citing Yorac, Phil. Treaty; Series, Vol. The address delivered by the President
III, 363]. before the joint session of Congress at
the opening of its regular session.
Statement. In a general sense, an [Claridades, A., Compilation of Notes,
allegation; a declaration of matters of 2001-2006].
fact. [Blacks Law Dict., Abr. 5th Ed.
(1983), p. 732]. State practice. Intl. Law. The conduct
and practices of states in their dealings
Statement in articulo mortis. See with each other. [Intl. Law Dict. &
Dying declaration. Direct., 2004].
Statement of facts. Rem. Law. That State responsibility. Intl. Law. Liability
part of the appellant's brief which shall of a state for the injuries that it causes
contain a clear and concise statement in to foreign persons. [Intl. Law Dict. &
a narrative form of the facts admitted by Direct., 2004].
both parties and of those in controversy,

615
State responsibility doctrine. Intl. motion for discharge of the accused as

Law. 1. The doctrine which holds a state state witness, his sworn statement shall
responsible for any injury sustained by be inadmissible in evidence. [People v.
an alien within its jurisdiction because of Quiming, GR 92847. May 21, 1993].
an international wrong imputable to it.
[Cruz, Intl. Law Reviewer, 1996 Ed., p. Statistical improbability doctrine.
109]. Also known as Lagumbay doctrine.
[Lagumbay v. Comelec (16 SCRA 175
Stateroom. A commodious room on (1966)]. The doctrine may be stated as
shipboard, usually for a captain or follows: Any election return which on
superior ships officer. [Morenos Law the basis exclusively of data found on its
Dict., 2000 Ed., p. 444]. face appears to be obviously and
patently false is nothing but a
State succession principle. Intl. Law. manufactured return which should not
The substitution of one state by be accorded any prima facie value as
another, the latter taking over the rights evidence of the result of the count and
and some of the obligations of the should be disregarded in the canvass.
former. [Cruz, Intl. Law Reviewer, 1996 [Separate Opinion, Barredo, J., Sinsuat
Ed., p. 39]. v. Pendatun, GR L-31501. June 30,
1970].
State witness. Any person who has
participated in the commission of a Status. A legal personal relationship, not
crime and desires to be a witness for temporary in nature nor terminable at
the State, can apply and, if qualified as the mere will of the parties, with which
determined in RA 6981 and by the third persons and the state are
Department of Justice, shall be admitted concerned. [Kawasaki Port Service Corp.
into the Witness Protection Program v. Amores, GR 58340. July 16, 1991,
whenever the following circumstances citing Holzer v. Deutsche Reichsbahn
are present: (a) the offense in which his Gesellschaft, 290 NYS 181].
testimony will be used is a grave felony
as defined under the Revised Penal Status quo. The last actual peaceable
Code or its equivalent under special uncontested status which preceded the
laws; (b) there is absolute necessity for pending case. [Phil. Virginia Tobacco v.
his testimony; (c) there is no other de los Angeles, GR L-27829, Aug. 19,
direct evidence available for the proper 1988, 164 SCRA 543; Bataclan v. CA,
prosecution of the offense committed; GR 78148, July 31, 1989, 175 SCRA
(d) his testimony can be substantially 764].
corroborated on its material points; (e)
he does not appear to be most guilty; Status quo ante litem motam. Lat.
and (f) he has not at any time been The last actual, peaceable, non-
convicted of any crime involving moral contested status. [Lim v. Pacquing, GR
turpitude. [Sec. 10, RA 6981]. 115044. Jan. 27, 1995, Annotation, 15
ALR 2d 237].
State witness. Requisites: (a) There is
absolute necessity for the testimony of Statute. 1. Legislative enactment; it may
the accused whose discharge is be a single act of a legislature or a body
requested; (b) there is no other direct of acts which are collected and arranged
evidence available for the proper for a session of a legislature. [Glossary
prosecution of the offense committed, of Legal Terms (Pro-Se), 2004]. 2. Intl.
except the testimony of said accused; Law. Sometimes termed as
(c) the testimony of said accused can be Constitution. A certain type of
substantially corroborated in its material multilateral instrument in the nature of
points; (d) said accused does not an organic act, dealing with the
appear to be the most guilty; (e) said establishment of an international organ.
accused has not at any time been [Coquia and Santiago, Intl. Law, 3rd Ed.
convicted of any offense involving moral (1998), p. 493].
turpitude. Evidence adduced in support
of the discharge shall automatically form Statute of frauds. 1. The purpose of the
part of the trial. If the court denies the statute is to prevent fraud and perjury

616
in the enforcement of obligations twelve (12) nor less than six (6) months
depending for their evidence on the after the date of the first publication of
unassisted memory of witnesses by the notice. All claims for money against
requiring certain enumerated contracts the decedent, arising from contract,
and transactions to be evidenced by a express or implied, whether the same
writing signed by the party to be be due, not due, or contingent, all
charged. It was not designed to further claims for funeral expenses and
or perpetuate fraud. It makes only expenses for the last sickness of the
ineffective actions for specific decedent, and judgment for money
performance of the contracts covered by against the decedent, must be filed
it; it does not declare them absolutely within the time limited in the notice;
void and of no effect. [Asia Prod. Co., v. otherwise they are barred forever,
Pao, GR 51058. Jan. 27, 1992]. 2. except that they may be set forth as
Contracts entered into in violation of counterclaims in any action that the
thereof are simply unenforceable and executor or administrator may bring
the requirement that they or some against the claimants. [Sec. 2 and 5,
note or memorandum thereof be in Rule 86, RoC]. 2. A definite period fixed
writing refers only to the manner they by law within which claims against the
are to be proved. [see Art. 1403, par. 2, estates of deceased persons must be
CC]. 3. It is applicable only to executory presented to insure the speedy settling
contracts. [Facturan v. Sabanal, 81 Phil. of the affairs of a deceased person and
512], not to contracts that are totally or the early delivery of the property of the
partially performed [Almiro v. estate into the hands of the persons
Monserrat, 48 Phil. 67, 70]. entitled to receive it. [Estate of De Dios,
24 Phil. 573]. 3. Its purpose it to settle
Statute of limitations. 1. A statute the affairs of the estate with dispatch,
which limits the right of a plaintiff to file so that the residue may be delivered to
an action unless it is done within a the persons entitled thereto without
specified time period after the their being afterwards called upon to
occurrence which gives rise to the right respond in actions for claims, which,
to sue. [Glossary of Legal Terms (Pro- under the ordinary statute of limitations,
Se), 2004]. The law that bars the have not yet prescribed. [Santos v.
institution of an action against another Manarang, GR 8235. Mar. 19, 1914].
after the lapse of the period prescribed
therefore. 2. Acts of grace, a Statutory. Relating to a statute; created
surrendering by the sovereign of its or defined by a law. [Glossary of Legal
right to prosecute. They receive a strict Terms (Pro-Se), 2004].
construction in favor of the Government
and limitations in such cases will not be Statutory construction. 1. The art or
presumed in the absence of clear process of discovering and expounding
legislation. [Lim v. CA, GR 48134-37. the meaning and intention of the
Oct. 18, 1990, citing Black's Law Dict., authors of the law with respect to its
4th Ed., p. 1077]. 3. Statute which application to a given case, where that
provides that the rights to require of intention is rendered doubtful, among
others the fulfillment of their obligations others, by reason of the fact that the
prescribe after a certain period of time, given case is not explicitly provided for
in order that it may serve alike as a in the law [Caltex (Philippines) Inc. v.
punishment for those who do not know Palomar, GR L-19650. Sep. 29, 1966,
how to look after their own interests, citing Black, Interpretation of Laws, p.
and as a source of reassurance to those 1]. 2. Process by which a court seeks to
who may have rested in the belief that interpret the meaning and scope of
their creditors had waived their rights, legislation. [Glossary of Legal Terms
and also to insure economic stability and (Pro-Se), 2004].
the certainty of rights. [Lutero v.
Siuliong and Co., 54 Phil. 272, 280]. Statutory law. Laws promulgated by
Congress. [Jurists Legal Dict., 2004].
Statute of non-claims. Spec. Pro. 1. Compare with Case law and Common
The time for the filing of claims against law.
the estate, which shall not be more than

617
Statutory minimum wage. The lowest broken leaf tobacco. [Sec. 140, NIRC, as
wage rate fixed by law that an employer amended].
can pay his workers. [IRR, RA 6727;
Sec. 1, Rule 7, Book 3, IRR of LC]. Stepson. A son brought by a spouse to
the new marriage or a son by a former
Statutory rape. Crim. Law. The felony marriage of his parent, now in the
committed when a man has carnal subsequent union. [Madueo v.
knowledge of a woman who is under Cabanatuan Lumber Co., GR 47978.
twelve (12) years of age. [Art. 335 (3), Oct. 31, 1941].
RPC].
Stimson doctrine. Intl. Law. 1. The
Statutory rape. Elements: (a) That the doctrine that forbids recognition of any
accused had sexual intercourse with the government set up through external
offended party; and (b) that the latter aggression. [Sandoval, Pol. Law
was below twelve years of age at the Reviewer 2003]. 2. A doctrine
time of the coitus. [Art. 335 (3), RPC]. formulated by US Secretary of State
Stimson in 1932. [Cruz, Intl. Law
Statutory taxpayer. The person who Reviewer, 1996 Ed., p. 44].
must pay the tax to the government;
the one on whom the tax is formally Stipulation. 1. An agreement between
assessed. He is the subject of the tax. the parties to a contract or lawyers.
[De Leon, Fundamentals of Taxation, [Torres, Oblig. & Cont., 2000 Ed., p.
2000 Ed., p. 53]. 354]. 2. An agreement between the
parties involved in a suit regulating
Stay. 1. A court order halting a judicial matters incidental to trial. [Glossary of
proceeding. [Glossary of Legal Terms Legal Terms (Pro-Se), 2004].
(Pro-Se), 2004]. 2. A procedure
whereby a court does not dismiss an Stipulation of facts. An agreement,
action or dismisses it conditionally on admission, or concession made in a
grounds of forum non conveniens but judicial proceeding by the parties or
retains jurisdiction and calls on the their attorneys, regarding some matters
plaintiff to take suit in the more incidental thereto for the purpose of
convenient forum. The conditions are avoiding delay, trouble and expense.
usually that the defendant agrees to [Morenos Law Dict., 2000 Ed., p. 446].
appear in the foreign court within a
certain delay, accept jurisdiction there Stipulation pour atrui. Stipulation in
and agree to any final judgment. favor of a third person. 1. A stipulation
[Tetley, Glossary of Conflict of Laws, in favor of a third person who may
2004]. demand its fulfillment, provided he
communicated his acceptance to the
Stay of execution. A temporary period obligor before its revocation. An
during which the execution of judgment incidental benefit or interest, which
of the court is postponed. [Torres, another person gains, is not sufficient.
Oblig. & Cont., 2000 Ed., p. 354]. The contracting parties must have
clearly and deliberately conferred a
STD. See Sexually transmitted favor upon a third person. [Art. 1311,
diseases. CC]. 2. Stipulation in a contract in favor
of a third person conferring upon him a
Stealth. Any secret, sly, or clandestine clear and deliberate favor upon him, and
act to avoid discovery and to gain which stipulation is merely a part of a
entrance into or remain within residence contract entered into by the parties,
of another without permission. neither of whom acted as agent of the
[Sumulong v. CA, GR 108817. May 10, third person, and such third person may
1994,citing Black's Law Dictionary, 5th demand its fulfillment provided that he
Ed., 1267]. communicates his acceptance to the
obligor before it is revoked.
Stemmed leaf tobacco. Leaf tobacco
which has had the stem or midrib Stipulation pour atrui. Requisites: (a)
removed. The term does not include The stipulation in favor of a third person

618
must be a part of the contract, and not stockholders in lieu of a cash dividend.
the contract itself; (b) the favorable [Comm. of Int. Rev. v. Manning, GR L-
stipulation should not be conditioned or 28398. Aug. 6, 1975]. 2. Any dividend
compensated by any kind of obligation; payable in shares of stock of the
and (c) neither of the contracting parties corporation declaring or authorizing
bears the legal representation or such dividend. It is, what the term itself
authorization of the third party. implies, a distribution of the shares of
[Florentino v. Encarnacion, 79 SCRA stock of the corporation among the
192, 201, Sep. 30, 1977]. stockholders as dividends. A stock
dividend of a corporation is a dividend
Stirpes. Lat. The offspring of a person; paid in shares of stock instead of cash
his or her descendants. For example, and is properly payable only out of
inheriting per stirpes means having a surplus profits. So, a stock dividend is
right to a deceased's estate because actually two things: (a) A dividend, and
one happens to be a descendant of the (b) the enforced use of the dividend
deceased. [Duhaime's Legal Dict., money to purchase additional shares of
2004]. stock at par. [Nielson & Co. v. Lepanto,
GR L-21601. Dec. 28, 1968]. Compare
Stock. Also Share of stock. 1. The term with Cash dividend.
includes the share in an association,
joint-stock company, or insurance Stock exchange. See Exchange.
company. [Sec. 22, NIRC, as amended].
2. One of the units into which the Stockholder. The owners of shares of
capital stock is divided. [De Leon, Corp. stock in a stock corporation. They are
Code of the Phil. Annotated, 1989 Ed., also called shareholders. [De Leon,
p. 56]. Corp. Code of the Phil. Annotated, 1989
Ed., p. 46].
Stock and transfer book. The book in
which must be kept a record of all Stockholders pre-emptive right.
stocks in the names of the stockholders Corp. Law. The right of the stockholder
alphabetically arranged; the installments to subscribe to all issues or disposition
paid and unpaid on all stock for which of share of any class in proportion to his
subscription has been made, and the shareholding. [Diaz, Bus. Law Rev.,
date of payment of any installment; a 1991 Ed., p. 269].
statement of every alienation, sale or
transfer of stock made, the date Stockholders rights. Corp. Law. The
thereof, and by and to whom made; and important rights of stockholders are the
such other entries as the by-laws may following: (a) the right to vote; (b) the
prescribe. [Sec. 74, Corp. Code]. right to receive dividends; (c) the right
to receive distributions upon liquidation
Stockbroker. All persons whose business of the corporation; and (d) the right to
it is, for themselves as such brokers or inspect the books of the corporation.
for other brokers, to negotiate [Cojuangco, Jr. v. Roxas, GR 91925.
purchases or sales of stock, bonds, Apr. 16, 1991].
exchange, bullion, coined money; bank
notes, promissory notes or other Stocks. Shares in the ownership of a
securities. [Sec. 1, PD 426]. company that entitle their owners to
rights in the firm, including a
Stock corporations. Corporations which proportionate part of the dividends and,
have capital stock divided into shares upon liquidation, of the capital assets.
and are authorized to distribute to the [Intl. Law Dict. & Direct., 2004].
holders of such shares dividends or
allotments of the surplus profits on the Stomach ulcer. Such an erosion in the
basis of the shares held. [Sec. 3, Corp. stomach, the inside of the stomach.
Code]. When the erosion is a little further
down, in the duodenum (the first part of
Stock dividend. 1. A conversion of the intestine), it is a duodenal ulcer.
surplus or undivided profits into capital [Landicho v. WCC, GR L-45996. Mar. 26,
stock, which is distributed to

619
1979, citing Atty.s Dict. of Med., [Cruz, Intl. Law Reviewer, 1996 Ed., p.
Schmidt]. Same as Gastric ulcer. 63]. Compare with Normal baseline
method.
Stop-and-frisk. The vernacular
designation of the right of a police Straight-line method of depreciation.
officer to stop a citizen on the street, The recording of depreciation of
interrogate him, and pat him for depreciable property in equal amounts
weapon(s). [Manalili v. CA, GR 113447. monthly over its estimated service life.
Oct. 9, 1997]. [Sec. 5, RA 3187].
Stoppage in transitu, right of. The Strait. Intl. Law. A comparatively narrow
right of the unpaid seller who has passageway connecting two large
parted with the possession of the goods bodies of water. [Cruz, Intl. Law
to stop them in transitu, that is to say, Reviewer, 1996 Ed., p. 67].
he may resume possession of the goods
at any time while they are in transit, and Stranger. A third-party who is any
he will then become entitled to the person other than the judgment debtor
same rights in regard to the goods as he or his agent. [Bayer Phil. Inc. v. Agana,
would have had if he had never parted 63 SCRA 355 (1975)].
with the possession. [Art. 1530, CC].
Stranger to the action. A person not a
Storage charge. The amount assessed party to the action, or as the law puts it,
on articles for storage in customs any other person than the defendant or
premises, cargo shed and warehouses his agent, whose property is seized
of the government. The owner, pursuant to the writ of delivery. [La
consignee or agent of either, of the Tondea Distillers v. CA, GR 88938.
articles, is liable for this charge. [Rep. v. June 8, 1992].
Consolidated Terminals, Inc., GR L-
27810. Dec. 14, 1981, citing Sec. 3001, Strategem. A maneuver designed to
RA 1937]. deceive or outwit the enemy. A
deception or device for obtaining
Store. A business establishment where advantage. [Morenos Law Dict., 2000
usually diversified goods are kept for Ed., p. 446].
retail sale. [Morenos Law Dict., 2000
Ed., p. 446]. Strategic Agriculture and Fisheries
Development Zones (SAFDZ). The
Stored. A deposit in a store or warehouse areas within the NPAAAD identified for
for preservation or safe keeping; to put production, agro-processing and
away for future use, especially for future marketing activities to help develop and
consumption; to place in a warehouse modernize with the support of
or other place of deposit for safe government, the agriculture and
keeping. [K. S. Young v. Midland Textile fisheries sectors in an environmentally
Ins. Co., GR 9370. Mar. 31, 1915.] and socio-culturally sound manner.
[Sec. 4, RA 8435].
Straight baseline. Straight lines
connecting the seaward most low-water Strategy. Machination or artifice.
points of deeply indented coastlines and [Sumulong v. CA, GR 108817. May 10,
the seaward most low-water points of a 1994].
fringe of islands along a coastline. [Intl.
Law Dict. & Direct., 2004]. Compare Stream. Synonymous to a creek or a
with Normal baseline. running course of water. [Morenos Law
Dict., 2000 Ed., p. 447].
Straight baseline method. Intl. Law. A
method in defining the territorial sea Street. Road, valley, avenue, high-way or
under which straight lines are made to other public way. [Sec. 3, PD 198].
connect appropriate points on the coast
without departing radically from its Street certificate. Corp. Law. The
general direction. The waters inside certificate covering shares which is
these lines are considered internal. indorsed in blank and therefore

620
transferable by a mere delivery until it employees as a result of an industrial or

reaches the hands of a transferee who, labor dispute. [Art. 212, LC].
deciding to effect registration in the
books of the corporation can just place Strike area. The establishment,
his name as transferee in the proper warehouses, depots, plants or offices,
space provided for in the certificate. including the sites or premises used as
[Diaz, Bus. Law Rev., 1991 Ed., p. 251]. run-away shops, of the employer struck
against, as well as the immediate
Strictissimi juris. Lat. By the most strict vicinity actually used by picketing
right or law. The rule that exemptions strikers in moving to and fro before all
from taxation are construed in points of entrance to and exit from said
strictissimi juris against the taxpayer establishment. [Art. 212, LC, as
and liberally in favor of the taxing amended by RA 6715].
authority primarily because taxes are
the lifeblood of government and their Strike breaker. Any person who
prompt and certain availability is an obstructs, impedes, or interferes with by
imperious need. Thus, to be exempted force violence, coercion, threats or
from payment of taxes, it is the intimidation any peaceful picketing by
taxpayer's duty to justify the exemption employees during any labor controversy
by words too plain to be mistaken and affecting wages, hours or conditions of
too categorical to be misinterpreted." work or in the exercise of the right of
Private respondent has utterly failed to self organization or collective
discharge this duty. [Prov. Of Tarlac v. bargaining. [Art. 212, LC, as amended
Alcantara, GR 65230. Dec. 23, 1992]. by BP 227].
Strict liability. 1. Imposing liability on an Stripping. The unloading operations of

actor regardless of fault. [Intl. Law Dict. cargoes outside the containers. [Sec. 1,
& Direct., 2000]. 2. Concept applied by PPA Admin. Order 08-79].
the courts in product liability cases that
when a manufacturer presents his Strong arm of equity. The writ (of
goods for public sale, he is representing preliminary injunction, whether
that they are suitable for their intended prohibitory or mandatory) sought for the
use. [Jurists Legal Dict., 2004]. protection of the rights of a party before
the final determination of his rights vis-
Strict nature reserve. An area -vis others' in a pending case before
possessing some outstanding the court. [Roxas v. IAC, GR 67195. May
ecosystem, features and/or species of 29, 1989]. See Preliminary
flora and fauna of national scientific injunction, writ of.
importance maintained to protect nature
and maintain processes in an Strong sensitizer. Any substance which
undisturbed state in order to have will cause on normal living tissue,
ecologically representative examples of allergy or photodynamic quality of
the natural environment available for hypersensitivity which becomes evident
scientific study, environmental on reapplication of the same substance,
monitoring, education, and for the to be designated as such by the
maintenance of genetic resources in a implementing agency. Before
dynamic and evolutionary state. [Sec. 4, designating any substance as a strong
RA 7586]. sensitizer, the implementing agency,
upon consideration of the frequency of
Strike. 1. Any stoppage of work by the occurrence and severity of the reaction,
concerted action of employees in shall find that the substance has a
connection with a labor dispute arising significant capacity to cause
from unresolved economic issues in hypersensitivity. [Art. 4, RA 7394].
collective bargaining in non-vital
industries, called in accordance with Strong wind. A wind of 22-33 knots in
these rules and regulations. [Sec. 2, PD any direction, as per Weather Bureau
823]. 2. Any temporary stoppage of Circular. [Morenos Law Dict., 2000 Ed.,
work by the concerted action of p. 447].

621
Structural conceptualization. The act

of conceiving, choosing and developing Subic Bay Freeport (SBF). A separate
the type, disposition, arrangement and customs territory consisting of the City
proportioning of the structural elements of Olongapo and the municipality of
of an architectural work giving due Subic, Province of Zambales, the lands
consideration to safety, cost- occupied by the Subic Naval Base and
effectiveness, functionality and its contiguous extensions as embraced,
aesthetics. [Sec. 3, RA 9266]. covered and defined by the 1947
Philippine-U.S. Military Base Agreement
Structure. Synonymous with the word as amended and within the territorial
building. [Morenos Law Dict., 2000 jurisdiction of Morong and Hermosa,
Ed., p. 447]. Province of Bataan, the metes and
bounds of which shall be delineated in a
Student publication. The issue of any proclamation to be issued by the
printed material that is independently President of the Philippines. [Sec. 3, RA
published by, and which meets the 7227].
needs and interests of, the studentry.
[Sec. 3, RA 7079]. Subic Bay Metropolitan Authority
(SBMA). A body corporate created by
Study Now Pay Later Plan. See law as an operating and implementing
Educational Assistance Act of 1976. arm of the Bases Conversion
Development Authority. [Sec. 13 of RA
Stuffing. The loading operations of 7227].
cargoes inside the containers. [Sec. 1,
PPA Admin. Order 08-79]. Subjective intent. The actual intent and
understanding of a party at the time of
Sua sponte. Lat. Of one's own accord. the making of an agreement. [Intl. Law
The right of a court to consider a legal Dict. & Direct., 2004].
issue of its own motion, even if none of
the parties have raised or addressed the Subjective novation. Also Personal
issue in their written or oral pleadings. novation. Novation by the change of
[Tetley, Glossary of Conflict of Laws, either the person of the debtor or of the
2004]. creditor. [Cochingyan, Jr. v. R & B
Surety and Insurance Co., GR L-47369.
Subdivision and Condominium June 30, 1987]. Compare with
Buyers' Protective Decree. PD 957 Objective novation.
entitled Regulating the sale of
subdivision lots and condominiums, Subjective phase of felony. That
providing penalties for violations portion of the execution of the crime
thereof signed into law on July 12, starting from the point where the
1976. offender begins up to that point where
he still has control of his acts. [Gregorio,
Subdivision project. A tract or a parcel Fund. of Crim. Law Rev., 1997 9th Ed.,
of land registered under Act No. 496 p. 34]. See Objective phase of
which is partitioned primarily for felony.
residential purposes into individual lots
with or without improvements thereon, Subject matter of an action. 1. The
and offered to the public for sale, in matter or thing from which the dispute
cash or in installment terms. It shall has arisen, and ordinarily, it is the
include all residential, commercial, property or the contract or any other
industrial and recreational areas as well thing subject of the controversy.
as open spaces and other community [Filipinas Investment and Finance Corp.
and public areas in the project. [Sec. 2, v. IAC, GR 66059-60. Dec. 4, 1989]. 2.
PD 957]. The physical facts, the things real or
personal, the money, lands, chattels,
Subdivision lot. Any of the lots, whether and the like, in relation to which the suit
residential, commercial, industrial, or is prosecuted, and not the delict or
recreational, in a subdivision project. wrong committed by the defendant.
[Sec. 2, PD 957]. [Mathay v. Consolidated Bank, GR L-

622
23136. Aug. 26, 1974, citing Moran, Oct. 4, 1989, citing 49 Am. Jur. 2d Sec.
Comments on the Rules of Court, 1963 480, pp. 469].
Ed., Vol. 1, p. 92].
Sublessee. The person who leases or
Subject of insurance. All proper-ties or rents (out) a residential unit from a
risks insured by the same insurer that sublessor. [Sec. 2, BP 877; Sec.4, RA
customarily are considered by non-life 9161].
company underwriters to be subject to
loss or damage from the same Sublessor. The person who leases or
occurrence of any hazard insured rents out a residential unit (previously)
against. [Sec. 215, IC]. leased to him by an owner. [Sec. 2, BP
877; RA 9161].
Subject to tax. Also Liable for tax. The
term connotes legal obligation or duty to Sublet. To make a sublease,
pay a tax. [Comm. of Int. Rev. v. accompanied by a surrender of the
Procter & Gamble Phil. Manufacturing possession and control of the premises,
Corp., GR 66838. Dec. 2, 1991]. or at least a part thereof. [Mallarte v.
CA, GR 85108. Oct. 4, 1989, citing 51C
Sub judice. A matter that is still under CJS 108].
consideration by a court. [Duhaime's
Legal Dict., 2004]. Submission. An agreement to accept the
jurisdiction of a foreign court.
Subjugation. Intl. Law. A derivative Submission can also be agreeing to a
mode of acquisition by which the valid foreign jurisdiction clause in a
territory of one state is conquered in the contract. Appearance in a suit solely to
course of war and is thereafter annexed contest jurisdiction is not submission.
to and placed under the sovereignty of [Tetley, Glossary of Conflict of Laws,
the conquering state. /an example is the 2004].
annexation of Abyssinia (now Ethiopia)
by Italy in 1935. [Cruz, Intl. Law Subordination. Being subject to the
Reviewer, 1996 Ed., pp. 70-71]. orders or direction of another; of lower
rank. [Duhaime's Legal Dict., 2004].
Sublease. 1. A contract where there are
two leases and two distinct judicial Subornation of perjury. The offense of
relations although intimately connected procuring another to take such a false
and related to each other, which unlike oath as would constitute perjury in the
in a case of assignment of lease, where principal. [Blacks Law Dict., Abr. 5th Ed.
the lessee transmits absolutely his right, (1983), p. 743]. It no longer exists in
and his personality disappears; there the Rev. Penal Code but the act is
only remains in the juridical relation two punished as plain injury under Art. 183
persons, the lessor and the assignee in relation to Art. 17. The inducer
who is converted into a lessee. [Moreno, becomes a principal by inducement and
Phil. Law Dict., 2nd ed., p. 594]. 2. A the one induced, a principal by direct
contract in which the personality of the participation. [People v. Pudol, GR
lessee does not disappear; he does not 45618. Oct. 18, 1938].
transmit absolutely his rights and
obligations to the sub-lessee; and the Suborner. Instigator. [US v. Laserna, GR
sub-lessee generally does not have any 6668. Jan. 10, 1912].
direct action against the owner of the
premises as lessor, to require the Subpoena. 1. A process directed to a
compliance of the obligations contracted person requiring him to attend and to
with the plaintiff as lessee, or vice testify at the hearing or the trial of an
versa. [Marimperio v. CA, GR L-40234. action or at any investigation conducted
Dec. 14, 1987, citing 10 Manresa, Sp. by competent authority, or for the
Civ. Code, 438]. 3. A grant by a tenant taking of his deposition, or to bring with
of an interest in the demised premises him any books, documents, or other
less than his own, retaining to himself a things under his control. [Rule 21, RoC].
reversion. [Mallarte v. CA, GR 85108. 2. A command to appear at a certain
time and place to give testimony upon a

623
certain matter. [Glossary of Legal Terms 114829. Mar. 1, 1995, citing Blacks Law
(Pro-Se), 2004]. Dict., 5th Ed., 1279].
Subpoena ad testificandum. Lat. A Subscribed capital stock. Corp. Law.

writ sent to a witness "just bring The amount of the capital stock
yourself, no documents." A process subscribed, whether fully paid or not. It
directed to a person requiring him to connotes an original subscription by a
attend and to testify at the hearing or subscriber of unissued shares in a
the trial of an action or at any corporation and would, therefore,
investigation conducted by competent preclude the acquisition of shares by
authority, or for the taking of his reason of subsequent transfer from a
deposition. [Rule 21, RoC]. stockholder or resale of treasury shares.
[De Leon, Corp. Code of the Phil.
Subpoena duces tecum. Lat. A writ Annotated, 1989 Ed., p. 53].
sent to a witness "turn up and bring
your documents with you." 1. A process Subscribers. Persons who have agreed
directed to a person requiring him to to take and pay for original, unissued
bring with him any books, documents, shares of a corporation formed or to be
or other things under his control. [Rule formed. [De Leon, Corp. Code of the
21, RoC]. 2. A court order commanding Phil. Annotated, 1989 Ed., p. 47, citing
a witness to bring certain documents or Ballantine on Corp., p. 375].
records to court. [Glossary of Legal
Terms (Pro-Se), 2004]. Subscription. Corp. Law. Any contract
for the acquisition of unissued stock in
Subrogation. Civ. Law. 1. The transfer an existing corporation or a corporation
of all the rights of the creditor to a third still to be formed, notwithstanding the
person, who substitutes him in all his fact that the parties refer to it as a
rights. It may either be legal or purchase or some other contract. [Sec.
conventional. [Chemphil v. CA, GR 60, Corp. Code].
112438-39. Dec. 12, 1995, citing
Tolentino, Commentaries & Jurisp. on Subscription. Succ. The signing of the
the Civil Code of the Phil., Vol. IV, pp. witnesses' names upon the same paper
401-402]. 2. Ins. The transfer of rights for the purpose of identification of such
and remedies of the insured to the paper as the will which was executed by
insurer who has indemnified the insured the testator [In Re: Taboada v. Rosal,
in respect of the loss. [Tiopianco, GR L-36033. Nov. 5, 1982, citing
Commentaries & Jurisp. on the Ins. Ragsdale v. Hill, 269 SW 2d 911].
Code of the Phil., 1999 Ed., p. 8].
Subsequent negligence. See Last
Subrogation principle. Ins. A process clear chance doctrine.
of legal substitution where the insurer
steps into the shoes of the insured and Subsequent punishment. Any form of
avails of the latters rights against the punishment to which the author of any
wrongdoer at the time of the loss. utterance or publication is subjected
[Claridades, A., Compilation of Notes, after making the same. [Claridades, A.,
2001-2006]. Compilation of Notes, 2001-2006].
Subrogatory action. See Accin Subservient. From Lat. subservire: to

subrogatoria. serve under. Subordinate in capacity or
function. [Intl. Law Dict. & Direct.,
Sub rosa. Hidden; secret; confidential; 2004].
private; under wraps. [Claridades, A.,
Compilation of Notes, 2001-2006]. See Subsidiaries. Government-owned or
Appropriation sub rosa. controlled corporations without original
charters. [Poquiz, Labor Rel. Law, 1999
Subscribe. To write underneath, as ones Ed. p. 26]. Also known as Corporate
name; to sign at the end of a document offsprings.
[Gamido v. National Bilibid Prisons, GR

624
Subsidiary. Company owned by a parent same for sale, knowing that the trade-
or a parent's holding company. Unlike a name or trademark has been
branch, it is separately incorporated. fraudulently used in such goods; 3. any
[Intl. Law Dict. & Direct., 2004]. person who, in the sale or advertising of
his services, shall use or substitute the
Subsidiary corporations. Affiliated or service mark of some other person, or a
secondary corporations which are colorable imitation of such mark; or 4.
created and administered by a any person who, knowing the purpose
principal/parent agency for the purpose for which the trade-name, trade-mark,
of helping achieve the objectives of the or service mark of a person is to be
latter. [Sec. 3, EO 518]. Compare with used, prints, lithographs, or in any way
Parent or holding corporation. reproduces such trade-name, trade-
mark, or service mark, or a colorable
Subsidiary liability. Also Secondary imitation thereof, for another person, to
liability. A personal liability which enable that other person to fraudulently
attaches when the remedy against one use such trade-name, trade-mark, or
primarily liable has been exhausted, and service mark on his own goods or in
which may be satisfied from all assets of connection with the sale or advertising
one secondarily liable [Enjay v. NLRC, of his services. [Art. 188, RPC].
GR 110240. July 4, 1995, citing 38A,
Words & Phrases 76 (1967)]. Substandard product. A product which
fails to comply with an applicable
Subsidy. 1. The amounts granted to consumer product safety rule which
government-owned or controlled creates a substantial risk of injury to the
corporations from the General Fund, to public. [Art. 4, RA 7394].
cover operational expenses that are not
supported by corporate revenues or to Substantial amendment. An
cover corporate deficits and losses. amendment consisting of the recital of
[Sec. 3, EO 518]. 2. A pecuniary aid facts constituting the offense charged
directly granted by the government to and determinative of the jurisdiction of
an individual or private commercial the court. All other matters are merely
enterprise deemed beneficial to the of form. [Teehankee v. Madayag, GR
public. [De Leon, Fundamentals of 103102. Mar. 6, 1992]. Compare with
Taxation, 2000 Ed., p. 20, citing 2 Formal amendment.
Britannica World Lang. Dict., 1964 Ed.,
p, 125]. 3. A financial contribution made Substantial cause. A cause which is
by a government or other public body important but not less than any other
that confers a benefit on an enterprise, cause. [Sec. 4, RA 8800].
group of enterprises, or an industry.
[Intl. Law Dict. & Direct., 2004]. Substantial errors. Errors involving
substantial and controversial matters
Subsistence fisherman. One whose such as those which affect the civil
catch yields but the irreducible minimum status or the nationality or citizenship of
for his livelihood. [Tano v. Socrates, GR persons (which) cannot be corrected
110249. Aug. 21, 1997, citing Webster's under said summary proceedings, but
3rd New Intl. Dict., p. 2279 (1993)]. should be threshed out in an
Compare with Marginal fisherman. appropriate action wherein the State as
well as persons who may be affected by
Subsisting and altering trademark, the change should be notified or
tradenames, or service marks. Crim. represented. Compare with Clerical
Law. The felony committed by: 1. any errors.
person who shall substitute the trade
name or trade-mark of some other Substantial evidence. Defined to mean
manufacturer or dealer or a colorable not necessarily preponderant proof as
imitation thereof, for the trademark of required in ordinary civil cases but such
the real manufacturer or dealer upon kind of relevant evidence as a
any article of commerce and shall sell reasonable mind might accept as
the same; 2. any person who shall sell adequate to support a conclusion. [Biak-
such articles of commerce or offer the

625
na-Bato v. Tanco Jr., 193 SCRA 323 Substantive law. The statutory or
(1991)]. written law that governs rights and
obligations of those who are subject to
Substantial mutual interests rule. it. [Glossary of Legal Terms (Pro-Se),
One of the fundamental factors in 2004]. Compare with Remedial or
determining the appropriate collective adjective law.
bargaining unit, that is, the affinity and
unity of the employees' interest, such as Substantive private law. Those rules
substantial similarity of work and duties, which declare legal relations of litigants
or similarity of compensation and when the courts have been properly
working conditions. [San Miguel Corp. v. moved to action upon facts duly
Laguesma, GR 100485. Sep. 21, 1994]. presented to them. [Suarez, Stat. Con.,
(1993), pp. 38-39, citing 24 Words &
Substantial stockholder. Any person Phrases, 337]. Compare with
who owns, directly or indirectly, shares Procedural or adjective private law.
of stock sufficient to elect a director of a
corporation. [Sec. 1, Rule IX, RA 6713]. Substantive statutes. Laws which
establish rights and duties. [Bustos v.
Substantive criminal law. Law with the Lucero, 81 Phil. 640].
purpose of prevention of harm to
society which prescribed punishment for Substation. Any building, room or
specific offenses. The basic law of rights separate place which houses or encloses
and duties as opposed to "remedial law" electric supply equipment connected to
which provides methods of transmission or distribution lines and the
enforcement. [Jurists Legal Dict., 2004]. interior of which is accessible, as a rule,
only to properly qualified persons. [Sec.
Substantive due process. A guarantee 2, RA 7920].
that life, liberty and property shall not
be taken away from anyone without due Substitute. To put in the place of,
process of law. [Suarez, Pol. Law change for, make way for, take the
Reviewer, 1st Ed., 2002, p. 96]. place of another. [Intl. Oil Factory v.
Compare with Procedural due Dir. of Health, GR L-13438. May 31,
process. 1961].
Substantive due process. Substitute and special parental

Requirements: (a) There must be a valid authority. In default of parents or a
law upon which it is based; (b) the law judicially appointed guardian, the
must have been passed and approved to following person shall exercise
accomplish a valid governmental substitute parental authority over the
objective; (c) the objective must be child in the order indicated: (a) The
pursued in a lawful manner; and (d) the surviving grandparent, as provided in
law as well as the means to accomplish Art. 214, FC; (b) the oldest brother or
the objective must be valid and not sister, over twenty-one years of age,
oppressive. [Suarez, Pol. Law Reviewer, unless unfit or disqualified; and (c) the
1st Ed., 2002, p. 96]. child's actual custodian, over twenty-one
years of age, unless unfit or disqualified.
Substantive due process doctrine. [Art. 216, FC].
Under the doctrine, a law may be voided
when it does not relate to a legitimate Substituted limited partner. A person
end and when it unreasonably infringes admitted to all the rights of a limited
on contractual and property rights. The partner who has died or has assigned
doctrine as enunciated in Allgeyer v. his interest in a partnership. [Art. 1859,
Louisiana, 165 U.S. 578 (1897) can be CC]. Compare with Assignee.
easily stated, thus: the government has
to employ means (legislation) which Substituted service of pleadings and
bear some reasonable relation to a other papers. The service of
legitimate end. [Nowak, Rotunda and pleadings, motions, notices, resolutions,
Young, Constl. Law 436, 443 (2d Ed.)]. orders and other papers made by
delivering the copy to the clerk of court,

626
with proof of failure of both personal BCI Employees & Workers Union-PAFLU,
service and service by mail, if service GR L-24711. Apr. 30, 1968].
cannot be made under the two latter
modes to the office and place of Substitutionary evidence. See
residence of the party or his counsel Secondary evidence.
being unknown. The service is complete
at the time of such delivery. [Sec. 8, Substitution doctrine. Civ. Law. It has
Rule 13, RoC]. been referred to as the Doctrine of
substitution. It is an arm of equity
Substituted service of summons. that may guide or even force one to pay
Service of summons effected (a) by a debt for which an obligation was
leaving copies of the summons at the incurred but which was in whole or in
defendant's residence with some person part paid by another. [Fireman's Fund
of suitable age and discretion then Ins. Co. v. Jamila & Co., GR 27427. Apr.
residing therein, or (b) by leaving the 7, 1976].
copies at defendant's office or regular
place of business with some competent Substitution of heirs. 1. The
person in charge thereof, in case where, appointment of another heir so that he
for justifiable causes, the defendant may enter into the inheritance in default
cannot be served within a reasonable of the heir originally instituted. [Art.
time as provided in Sec. 6 of the Rules 857, CC]. 2. Substitution of heirs may
of Court. [Sec. 7, RoC]. be: (a) Simple or common; (b) brief or
compendious; (c) reciprocal; or (d)
Substitution. Succ. The appointment of fideicommissary. [Art. 858, CC].
another heir so that he may enter into
the inheritance in default of the heir Subtenant. A person who rents all or a
originally instituted. [Ramirez v. Vda. de portion of leased premises from the
Ramirez, GR L-27952. Feb. 15, 1982, lessee for a term less than the original
citing Art. 857, CC]. one, leaving a reversionary interest in
the first lessee. [Mallarte v. CA, GR
Substitution. Kinds: Simple or common, 85108. Oct. 4, 1989, citing 49 Am. Jur.
brief or compendious, reciprocal, and 2d Sec. 480, pp. 469].
fideicommissary [Art. 858, CC].
According to Tolentino, Although the Subtransmission assets. The facilities
Code enumerates four classes, there are related to the power delivery service
really two principal classes of below the transmission voltages and
substitutions: the simple and the defined as facilities based on the
fideicommissary. The others are merely functional assignment of assets
variations of these two. [Tolentino, III including, but not limited to, step-down
Civil Code, p. 185 (1973)]. The simple transformers solely used by load
or vulgar is that provided in Art. 859 of customers, associated
the Civil Code while the fideicommissary switchyard/substation, control and
substitution is described in Art. 863 of protective equipment, reactive
the same Code. [Ramirez v. Vda. de compensation equipment to improve
Ramirez, GR L-27952. Feb. 15, 1982]. customer power factor, overhead lines,
and the land where such
Substitutionary doctrine. Labor. It facilities/equipment are located, where
provides that the employees cannot applicable. [Sec. 4, RA 9136].
revoke the validly executed collective
bargaining contract with their employer Suburbs. A region or place adjacent to a
by the simple expedient of changing city; a town or village so near it that it
their bargaining agent. The new agent may be used for residence by those who
must respect the contract. The do business in the city. [Manila Electric
employees, thru their new bargaining Co. v. Public Service Comm., GR L-
agent, cannot renege on the collective 21435. Feb. 28, 1966, citing Act 484].
bargaining contract, except to negotiate
with management for the shortening Subversion. 1. Mere membership in a
thereof. [Benguet Consolidated, Inc. v. subversive association is sufficient and
the taking up of arms by a member of a

627
subversive organization against the emergency. [Morenos Law Dict., 2000

Government is but a circumstance which Ed., p. 452].
raises the penalty to be imposed upon
the offender. [People v. Asuncion, GR Sue and labor clause. Mar. Ins. A
83837-42. Apr. 22, 1992, citing the Anti- clause under which the insurer may
Subversion Act (RA 1700)]. 2. become liable to pay the insured, in
Subversion, like treason, is a crime addition to the loss actually suffered,
against national security. [Buscayno v. such expenses as he may have incurred
Military Commissions, GR 58284, 109 in his efforts to protect the property
SCRA 289 (1981)]. against a peril for which the insurer
would have been liable.
Succession. 1. A mode of acquisition by
virtue of which the property, rights and Sufferance. Toleration; negative
obligations to the extent of the value of permission by not forbidding; passive
the inheritance, of a person are consent; license implied from the
transmitted through his death to omission or neglect to enforce an
another or others either by his will or by adverse right. [Blacks Law Dict., Abr. 5th
operation of law. [Art. 774, CC]. 2. Ed. (1983), p. 1].
Succession may be: (a) Testamentary;
(b) legal or intestate; or (c) mixed. Sufficiency of facts test. The test of
sufficiency of the facts found in a
Successional rights, when complaint as constituting a cause of
transmitted. The rights to the action is whether or not admitting the
succession are transmitted from the facts alleged the court can render a
moment of the death of the decedent. valid judgment upon the same in
[Art. 777, CC]. accordance with the prayer thereof The
hypothetical admission extends to the
Successor. A person who takes over the relevant and material facts well pleaded
rights of another. [Duhaime's Legal in the complaint and inferences fairly
Dict., 2004]. deducible therefrom. Hence, if the
allegations in the complaint furnish
Successor-in-interest. One to whom sufficient basis by which the complaint
the debtor has transferred his statutory can be maintained, the same should not
right of redemption; one to whom the be dismissed regardless of the defense
debtor has conveyed his interest in the that may be assessed by the
property for the purpose of redemption; defendants. [Navoa v. CA, 251 SCRA
or one who succeeds to the interest of 545 (1995)].
the debtor by operation of law; or one
or more joint debtors who were joint Sufficient lapse of time. A period of
owners of the property sold; or the wife time long enough to justify that the
as regards her husband's homestead by crime was committed with deliberate
reason of the fact that some portion of premeditation (premeditacion conocida,)
her husband's title passes to her. because, in a judicial sense, it afforded
[Magno v. Viola, GR 37521. Dec. 22, full opportunity for meditation and
1934]. reflection, and was amply sufficient to
allow his conscience to overcome the
Sudden peril. A doctrine which provides resolution of his will (vencer las
that an automobile driver who, by the determinaciones de la voluntad) had he
negligence of another, is suddenly desired to hearken to its warnings. [US
placed in an emergency and compelled v. Gil, 13 Phil. 530 (1909)].
to act instantly to avoid collision or
injury is not guilty of negligence if he Sufficient provocation. Provocation
makes a choice as a person of ordinary that is adequate to excite the person to
prudence placed in such a position commit the wrong and must accordingly
might take, even though he did not be proportionate to its gravity and must
make the wisest choice and one that also immediately precede the act to
would have been required in the constitute a mitigating circumstance.
exercise of ordinary care but for the [People v. Tan Cui, GR L-22697. Oct. 5,
1976].

628
Sufficient provocation. Requisites: (a) Suicidal impulse. Legal Med. A strong

Provocation must be sufficient; (b) it desire to kill oneself, usually in acute
must be immediate to the commission depression. [Olarte, Legal Med., 1st Ed.
of the crime; and (c) it must originate (2004), p. 151].
from the offended party. [Gregorio,
Fund. of Crim. Law Rev., 1997 9th Ed., Suicide. A positive act of ending ones
p. 91]. (own) life. [Sun Insurance Office, Ltd. v.
CA, GR 92383. July 17, 1992]. Compare
Sufficient standard test. The test to with Willful exposure to needless
determine whether or not there is a peril.
valid delegation of legislative power
under which there must be adequate Suicide attempts. Legal Med. Actions
guidelines or limitations in the law to that are intended to be fatal but dont
map out the boundaries of the succeed. [Olarte, Legal Med., 1st Ed.
delegate's authority and prevent the (2004), p. 139].
delegation from running riot. [Eastern
Shipping Lines, Inc. v. POEA, GR L- Suicide gestures. Legal Med. Suicide
76633. Oct. 18, 1988]. Compare with plans and actions that appear unlikely to
Completeness test. be fatal. [Olarte, Legal Med., 1st Ed.
(2004), p. 138].
Suffocation. A layman's term for
asphyxia, which is the result of any Sui generis. Lat. Of its own kind or class;
impairment of the process of respiration i.e., the only one of its kind; peculiar.
which may be due to any cause which [Black's Law Dict., Abr. 5th Ed. (1987),
prevents the ingress of air in the p. 747].
respiratory passages, as in cases of
hanging, strangulation, throttling, Sui juris. A person who possesses full
drowning, choking, smothering and civil rights and is not under any legal
pressure on the chest. [Morenos Law incapacity such as being bankrupt, of
Dict., 2000 Ed., p. 452]. minor age or mental incapacity. Most
adults are sui juris. [Duhaime's Legal
Suffrage. The right to vote in an Dict., 2004].
election. It is the expression of the
sovereign will of the people. [Suarez, Suit. The prosecution or pursuit of some
Pol. Law Reviewer, 1st Ed., 2002, p. claim or demand in court. [Albano, Rem.
271]. Law Reviewer, 1st Ed., p. 70, citing 1
Am. Jur. 407].
Sugar Act of 1952. RA 809 entitled An
Act to regulate the relations among Suitable employment. Remunerative
persons engaged in the sugar industry occupation giving the rehabilitee earning
enacted on June 22, 1952. at least equal to the statutory minimum
wage. [Sec. 1, Rule 9, Rules on
Sugar quota. A certain number of sugar Employees Compensation].
piculs, assigned to a sugar planter which
he is required to mill for every crop year Suitable for economic family-size
in a designated milling district. farm. It refers to situations where a
[Morenos Law Dict., 2000 Ed., p. 452]. parcel of land whose characteristics,
such as climate, soil, topography,
Sugar Regulatory Administration. The availability of water and location, will
agency created by virtue of EO 18 which support a farm family if operated in
was signed into law on May 28, 1986 to, economic family-size farm units and
among others, promote the growth and does not include those where large-
development of the sugar industry. scale operations will result in greater
production and more efficient use of
Suicidal behavior. Legal Med. The final land. [Sec. 166, RA 3844].
act in a course of self-destruction.
[Olarte, Legal Med., 1st Ed. (2004), p. Suitable substitute. That kind of article
138]. which would serve substantially the

629
same purpose or produce substantially Summary judgment procedure. A

the same results as the brand, type, or method for promptly disposing of
make of article originally desired or actions in which there is no genuine
requisitioned. [Sec. 357, LGC]. issue as to any material fact. [De Leon
v. Faustino, GR L-15804. Nov. 29,
Suits against state. Suits with relation 1960].
to matters in which the State agencies
have assumed to act in a private or Summons. 1. A writ by which the
nongovernmental capacity, and various defendant is notified of the action
suits against the State. [PNR v. IAC, GR brought against him. Service of such
70547. Jan. 22, 1993, citing 81 CJS writ in the means by which the court
1319]. may acquire jurisdiction over his person.
Trial and judgment without such service
Sultada. Tag. Match of the roosters. is null and void. [Olar v. Cuna, GR L-
[Jamago v. Arrieta, GR L-20876. July 30, 47935. May 5, 1979]. 2. Instrument
1965]. used to commence a civil action or
special proceeding; the means of
Summary distribution. A procedure by acquiring jurisdiction over a party.
which, in a summary manner, the estate [Glossary of Legal Terms (Pro-Se),
of a deceased person is valued, his 2004].
debts are paid, his will, if any is allowed,
the heirs and legatees are declared, and Sumpak. Tag. Home-made shotgun.
distribution is made, all in a single [People v. Valencia, GR 94511-13. Sep.
hearing and a single order, so far as this 18, 1992].
is practicable, without the appointment
of any administrator or executor. Superlight. Also called Magic light. A
[Morenos Law Dict., 2000 Ed., p. 453]. type of light using halogen or metal
halide bulb which may be located above
Summary hearing. Rem. Law. Such the sea surface or submerged in the
brief and speedy method of receiving water. It consists of a ballast, regulator,
and considering the evidence of guilt as electric cable and socket. The source of
is practicable and consistent with the energy comes from a generator, battery
purpose of the hearing which is merely or dynamo coupled with the main
to determine the weight of the evidence engine. [Sec. 4, RA 8550].
for purposes of bail. [Siazon v. Presiding
Judge of Davao City, GR L-34156-58. Supermarket. A place designated by
Oct. 29, 1971]. municipal authorities of a city or of an
incorporated town for the sale of
Summary judgment. Also Accelerated grocery goods, food stuffs, dry goods,
judgment. 1. A device for weeding out liquor, and other commodities such as
sham claims or defenses at an early meat, fresh fruits, poultry products, milk
stage of the litigation, thereby avoiding and vegetables necessary or convenient
the expense and loss of time involved in for the subsistence of the community
a trial. The very object is to separate that are refrigerated. [Kamuning
what is formal or pretended in denial or Theater, Inc. v. Quezon City, GR L-
averment from what is genuine and 19136. Feb. 28, 1963].
substantial, so that only the latter may
subject a suitor to the burden of a trial. Supersedeas. A suspension of the power
[Excelsa Industries v. CA, GR 105455. of the court below to issue an execution
Aug. 23, 1995]. 2. A judgment given on on the judgment or decree appealed
the basis of pleadings, affidavits, and from; or, if a writ of execution has
exhibits presented for the record issued, it is a prohibition emanating
without any need for a trial. It is used from the court of appeals against the
when there is no dispute as to the facts execution of the writ. [Watson & Co. v.
of the case and one party is entitled to a Enriquez, 1 Phil. 480-484, citing Hovey
judgment as a matter of law. [Glossary v. McDonald, 109 US, 150].
of Legal Terms (Pro-Se), 2004].
Supersedeas bond. A bond required of
one who petitions to set aside a

630
judgment or execution and from which defined herein. [Llamas v. Orbos, GR

the other party may be made whole if 99031. Oct. 15, 1991, citing Admin.
the action is unsuccessful. [Black's Law Code of 1987].
Dict., Abr. 5th Ed. (1987), p. 749].
Supervisor. See Coordinator.
Supervening event. 1. Facts and events
transpiring after the judgment or order Supervisory employees. Those who, in
had become executory which would the interest of the employer, effectively
justify the suspension or nullification of recommend such managerial actions if
the execution of a final and executory the exercise of such authority is not
judgment. [Javier v. CA, GR 96086. July merely routinary or clerical in nature but
21, 1993]. 2. It would arise if an event requires the use of independent
occurs after the decision which would judgment. [Art. 212, LC].
nullify, or render impossible or
inequitable, enforcement thereof. [La Supplement. Something that exists side
Campana Food Products v. CIR, GR L- by side with the original. It does not
27907. May 22, 1969]. replace that which it supplements.
[Aznar III, v. Bernard, GR 81190, May
Supervise. To oversee, to have oversight 9, 1988].
of, to superintend the execution of or
the performance of a thing, or the Supplemental budget. A supplementary
movements or work of a person; to financial plan embodying changes
inspect with authority; to inspect and during the fiscal year in the annual
direct the work of a person; to inspect estimates of income and appropriations.
with authority; to inspect and direct the [Sec. 14, PD 477].
work of others. [Rodriguez v. Montinola,
94 Phil. 964]. Supplemental pleadings. Additional
pleadings setting forth transactions,
Supervised trial custody. A period of occurrences or events which have
time within which a social worker happened since the date of the pleading
oversees the adjustment and emotional sought to be supplemented and which
readiness of both adopter(s) and the court, upon motion of a party, upon
adoptee in stabilizing their filial reasonable notice and upon such terms
relationship. [Sec. 3, RA 8552]. as are just, may permit him to serve.
The adverse party may plead thereto
Supervision. Admin. Law. Overseeing or within ten (10) days from notice of the
the power or authority of an officer to order admitting the supplemental
see that subordinate officers perform pleading. [Sec. 6, Rule 10, RoC].
their duties. If the latter fail or neglect
to fulfill them the former may take such Supplemental procurement plan or
action or step as prescribed by law to procurement program. The itemized
make them perform these duties. list showing the required supplies in a
[Mondano v. Silvosa, GR L-7708. May fiscal year not covered in the annual or
30, 1955]. Compare with Control. amendatory procurement plan or
program. [IRR on Supply & Prop. Mgt.,
Supervision and control. The authority per Sec. 383, LGC].
to act directly whenever a specific
function is entrusted by law or Supplementary unit. A unit which is
regulation to a subordinate; direct the neither a base nor a derived unit. [Sec.
performance of duty; restrain the 4, BP 8].
commission of acts; review, approve,
reverse or modify acts and decisions of Supplements. The extra remuneration
subordinate officials or units; determine or special privileges or benefits given to
priorities in the execution of plans and or received by the laborers over and
programs. Unless a different meaning is above their ordinary earnings or wages.
explicitly provided in the specific law [Atok-Big Wedge Assn. v. Atok-Big
governing the relationship of particular Wedge Co., L-7349. July 19, 1955; 51
agencies the word control shall OG 3432].
encompass supervision and control as

631
Supplier. 1. A person, other than a

consumer, who in the course of his Support. That which comprises
business, solicits, offers, advertises, or everything indispensable for sustenance,
promotes the disposition or supply of a dwelling, clothing, medical attendance,
consumer product or who other than the education and transportation, in keeping
consumer, engages in, enforces, or with the financial capacity of the family.
otherwise participates in a consumer [Art. 194, FC].
transaction, whether or not any privity
of contract actually exists between that Support pendente lite. A provisional
person and the consumer, and includes remedy in the form of an order issued
the successor to, or assignee of, any by a judge before whom the proper
right or obligation on of the supplier. action is pending granting an allowance
[Art. 4, RA 7394]. 2. A person, firm or for sustenance, dwelling, clothing,
manufacturer who furnishes or sells the education and medical attendance to
supplies or property needed or required the party/parties entitled thereto.
by a local government unit. It is [Katarungang Pambarangay Rules].
synonymous to dealer, bidder, offerer,
seller or contractor. [IRR on Supply & Support person. A person chosen by the
Prop. Mgt., per Sec. 383, LGC]. child to accompany him to testify at or
attend a judicial proceeding or
Supplier of electricity. Any person or deposition to provide emotional support
entity authorized by the Energy for him. [Sec. 4 (f), AM 00-4-07-SC].
Regulatory Commission (ERC) to sell,
broker, market or aggregate electricity Suppress. To forbid the use of evidence
to the end-users. [Sec. 4, RA 9136]. at a trial because t is improper or was
improperly obtained. [Glossary of Legal
Supplies. The term includes everything, Terms (Pro-Se), 2004]. See also
except real property, which may be Exclusionary rule.
needed in the transaction of public
business or in the pursuit of any Supremacy of the law. Doctrine that all
undertaking, project, or activity, persons, including the sovereign, are
whether in the nature of equipment, subordinate to the rule of law. [Intl. Law
furniture, stationary materials for Dict. & Direct., 2004].
construction or personal property of any
sort, including non-personal or Supreme Court. The highest court in the
contractual services such as the repair land, established by the Philippine
and maintenance of equipment and Constitution. [Claridades, A.,
furniture, as well as trucking, hauling, Compilation of Notes, 2001-2006].
janitorial, security, and related services.
[Sec. 357, LGC]. Supreme Court Reports Annotated.
Abbrev. SCRA. Publication of court
Supply. Any article furnished for carrying decisions of the Supreme Court since
on the work which from its nature is 1961. [Claridades, A., Compilation of
necessarily so consumed by use in the Notes, 2001-2006].
work. [Kilosbayan, Inc. v. Morato GR
118910. July 17, 1995]. Compare with Surcharge. An amount imposed by law
Equipment. as an addition to the main tax in case of
delinquency. [Morenos Law Dict., 2000
Supply of electricity. The sale of Ed., p. 455].
electricity by persons or entities
authorized pursuant to RA 9136. [Sec. Surety. 1. It is considered in law as being
4, RA 9136]. the same party as the debtor in relation
to whatever is adjudged touching the
Supply of electricity charge. The obligation of the latter, and their
charge imposed by electricity suppliers liabilities are interwoven as to be
for the sale of electricity to end-users, inseparable. [PNB v. Pineda, GR 46658.
excluding the charges for generation, May 13, 1991]. 2. The insurer of the
transmission and distribution wheeling, debt (who) obligates himself to pay if
[Sec. 4, RA 9136]. the principal does not pay. [Machetti v.

632
Hospicio, 43 Phil. 297]. 3. The person heirs to one another; (b) there is no
who has pledged him or herself to pay proof as to who died first; and (c) there
back money or perform a certain action is doubt as to who died first. [Art. 43,
if the principal to a contract fails, as CC]. 2. Presumption based on the
collateral, and as part of the original probabilities resulting from the strength
contract. Technically, where a person and age of the sexes of two persons
provides collateral after or before the who perish in the same calamity, such
original contract is signed, and as a as wreck, battle, or conflagration, and it
separate contract, the person is called a is not shown who died first, and there
guarantor" and not a "surety." are no particular circumstances from
[Duhaime's Legal Dict., 2004]. Compare which it can be inferred, in accordance
with Guarantor. with the following rules: (a) If both
were under the age of fifteen years, the
Surety bond. A bond purchased at the older is presumed to have survived; (b)
expense of the estate to insure the if both were above the age of sixty, the
executor's proper performance. younger is presumed to have survived;
[Glossary of Legal Terms (Pro-Se), (c) if one is under fifteen and the other
2004]. Also referred to as Fidelity above sixty, the former is presumed to
bond. have survived; (d) if both be over fifteen
and under sixty, and the sexes be
Suretyship contract. 1. An agreement different, the male is presumed to have
whereby a party called the surety survived; if the sexes be the same, then
guarantees the performance by another the older; and (e) if one be under
party called the principal or obligor of an fifteen or over sixty, and the other
obligation or undertaking in favor of a between those ages, the latter is
third party called the obligee. [Sec. 175, presumed to have survived. [Sec. 3(jj),
IC] 2. It is deemed an insurance Rule 131, RoC].
contract, within the meaning of the
Insurance Code, only if made by a Suspension. A temporary loss of the
surety who or which, as such, is doing right to practice law by an attorney.
an insurance business. [Sec. 2, IC]. [Glossary of Legal Terms (Pro-Se),
2004].
Surface water. All water, which is open
to the atmosphere and subject to Suspension of arms. Intl. Law. The
surface runoff. [Sec 4, RA 9275]. temporary cessation of hostilities by
agreement of the local commanders for
Surname or family name. That which such purposes as the gathering of the
identifies the family to which he belongs wounded and the burial of the dead.
and is continued from parent to child. [Cruz, Intl. Law Reviewer, 1996 Ed., pp.
the surname to which the child is 143-144].
entitled is fixed by law. [Rep. v.
Hernandez, GR 117209. Feb. 9, 1996]. Suspension of execution of sentence.
Compare with Given or proper name. A disposition under which a defendant,
after conviction and sentence, is
Surplus property. A property no longer released. Its objective primarily is to
needed by a local government unit. [IRR save the accused from the corrosive
on Supply & Prop. Mgt., per Sec. 383, effects of imprisonment and the stigma
LGC]. of incarceration. [Morenos Law Dict.,
2000 Ed., p. 457].
Survivorship disqualification rule. See
Dead man statute. Suspension of payment. Under the
Insolvency Law, the postponement of
Survivorship presumption. 1. The the payment of the debts of a debtor
disputable presumption that, as who, possessing sufficient properties to
between two or more persons who are cover his debts, and foreseeing the
called to succeed each other, they died impossibility of meeting them when they
at the same time and there shall be no respectively fall due, petitions the court
transmission of rights from one to the that he be declared in a state of
other, provided that (a) the parties are

633
suspension of payments. [Morenos Law Sustenance fishing. See Municipal

Dict., 2000 Ed., p. 457]. fishing.
Suspension of sentence. A concept of Susuray-suray. Tag. In a wobbling

probation intended to benefit minor motion. [People v. Relucio, GR L-38790.
offenders and is designed primarily to Nov. 9, 1978].
save the minor offenders from the
stigma of criminal record. [Morenos Law Suum cuique tribuere. Lat. Render
Dict., 2000 Ed., p. 457]. unto each person what is due him. It is
a supreme norm of justice which the law
Suspensive condition or condition develops. [Morenos Law Dict., 2000
precedent. One which suspends the Ed., p. 457].
demandability of the obligation until the
happening of the event. [Diaz, Bus. Law Suum jus, summa injuria. Lat. The
Rev., 1991 Ed., p. 10]. Compare with abuse of right is the greatest possible
Resolutory condition. wrong. [Morenos Law Dict., 2000 Ed.,
p. 457].
Suspensive period (ex die). The
obligation begins only from a day Swear. To put on oath; to declare on
certain upon the arrival of the period. oath the truth of a pleading, etc.
[Diaz, Bus. Law Rev., 1991 Ed., p. 16]. [Gamido v. National Bilibid Prisons, GR
114829. Mar. 1, 1995, citing Blacks Law
Sustain. A court ruling upholding an Dict., 5th Ed., Id., 1298].
objection or a motion. [Glossary of Legal
Terms (Pro-Se), 2004]. Swindling. See Estafa.
Sustainable development. The Swindling a minor. Crim. Law. The

improvement in the quality of life of the felony committed by any person who,
present and future generations through taking advantage of the inexperience or
the complementation of development emotions or feelings of a minor, to his
and environmental protection activities. detriment, shall induce him to assume
[Sec. 3, RA 7611]. any obligation or to give any release or
execute a transfer of any property right
Sustainable traditional resource in consideration of some loan of money,
rights. The rights of Indigenous credit or other personal property,
Cultural Communities/Indigenous whether the loan clearly appears in the
Peoples (ICCs/IPs) to sustainably use, document or is shown in any other
manage, protect and conserve a) land, form. [Art. 317, RPC].
air, water, and minerals; b) plants,
animals and other organisms; c) Swindling, other forms of. Crim. Law.
collecting, fishing and hunting grounds; The felony committed by (a) any person
d) sacred sites; and e) other areas of who, pretending to be owner of any real
economic, ceremonial and aesthetic property, shall convey, sell, encumber or
value in accordance with their mortgage the same; (b) any person,
indigenous knowledge, beliefs, systems who, knowing that real property is
and practices. [Sec. 4, RA 8371]. encumbered, shall dispose of the same,
although such encumbrance be not
Sustained-yield management. recorded; (c) the owner of any personal
Continuous or periodic production of property who shall wrongfully take it
forest products in a working unit with from its lawful possessor, to the
the aid of achieving at the earliest prejudice of the latter or any third
practicable time an approximate balance person; (d) any person who, to the
between growth and harvest or use. prejudice of another, shall execute any
This is generally applied to the fictitious contract; (e) any person who
commercial timber resources and is also shall accept any compensation given
applicable to the water, grass, wildlife, him under the belief that it was in
and other renewable resources of the payment of services rendered or labor
forest. [Sec. 3, PD 705]. performed by him, when in fact he did
not actually perform such services or

634
labor; or (f) any person who, while transaction, enterprise or scheme. [Art.
being a surety in a bond given in a 38(b), LC, as amended by RA 8042].
criminal or civil action, without express
authority from the court or before the Syndicated crime group. See
cancellation of his bond or before being Organized crime group.
relieved from the obligation contracted
by him, shall sell, mortgage, or, in any
other manner, encumber the real
property or properties with which he
guaranteed the fulfillment of such
obligation. [Art. 316, RPC].
Syllabus. A brief summary of a legal rule

or significant facts in a case, which
along with other syllabi or head notes,
precedes the printed opinion in reports.
Symbol. Any conventional sign which

reveals man's achievement and heroism
(for orders and decorations),
identification, authority and a sign of
dignity (for coat-of-arms, logo and
insignia). [Sec. 3, RA 8491].
Symbolic delivery. With regard to

movable property, delivery shall be
deemed made by the delivery of the
keys of the place or depository where it
is stored or kept. [Art. 1498, CC].
Synallagmatic contract. A civil law

term for a reciprocal or bilateral
contract: one in which both parties
provide consideration. A contract of sale
is a classic example, where one party
provides money and the other, goods or
services. A gift is not a synallagmatic
contract. [Duhaime's Legal Dict., 2004].
Synchronization. The act or result of

synchronizing; concurrence of events or
motions in respect to time. [Osmea v.
Comelec, GR 100318. July 30, 1991].
Synchronize. To happen or take place at

the same time; to represent or arrange
event so as to indicate coincidence or
coexistence; to cause to agree in time.
[Osmea v. Comelec, GR 100318. July
30, 1991].
Syndicate. 1. Crim. Law. It consists of

five or more persons formed with the
intention of carrying out the unlawful or
illegal act, transaction, enterprise or -T-
scheme. [Sec. 1, PD 1689]. 2. Labor.
Three or more persons (who) conspire Tacit acceptance of the inheritance.
or confederate with one another in An acceptance resulting from acts by
carrying out any unlawful or illegal which the intention to accept the

635
inheritance is necessarily implied, or mill tailings. [Sec. 4, DENR Admin. Order

which one would have no right to do 95-23].
except in the capacity of an heir. [Art.
1049, CC]. Tailor. One who makes or repairs men's
outer garments, or makes cloaks,
Tacita reconduccion. Sp. Implied heavy-close-fitting gowns, etc., for
renewal of lease. [Chua v. CA, GR women; usually restricted to one who
106573. Mar. 27, 1995, citing Art. 1670, makes clothes to order. [Hashim v.
CC]. Posadas, GR 24402. Feb. 19, 1926,
citing The Standard Dict.]. Compare
Tacita reconduccion. Elements: (a) the with Clothier.
term of the original contract of lease has
expired; (b) the lessor has not given the Take, or attempt to take, by
lessee a notice to vacate; and (c) the intimidation. Willfully to take, or
lessee continued enjoying the thing attempt to take, by putting in fear of
leased for fifteen days with the bodily harm. [People v. Alfeche, GR
acquiescence of the lessor. This 102070. July 23, 1992].
acquiescence may be inferred from this
failure to serve a notice to quit. [Arevalo Taking. The term imports a physical
Gomez Corp. v. Lao Hian Liong, 148 dispossession of the owner, as when he
SCRA 372 (1987)]. is ousted from his land or relieved of his
watch or his car and is thus deprived of
Tacit or implied ratification. It is all beneficial use and enjoyment of his
understood that there is a tacit property. [Cruz, Constl. Law, 1998 Ed.,
ratification if, with knowledge of the p. 69].
reason which renders the contract
voidable and such reason having Taking advantage of official position
ceased, the person who has a right to in the commission of the offense.
invoke it should execute an act which An aggravating circumstance that
necessarily implies an intention to waive requires that the accused, as a public
his right. [Art. 1393, CC]. officer, used the influence or reputation
of his position for the purpose of
Tacking possession. The computation committing the crime. [Art. 14 (1),
of time necessary for prescription where RPC].
the present possessor may complete the
period necessary for prescription by Taking advantage of superior
tacking his possession to that of his strength. Using purposely excessive
grantor or predecessor in interest; force out of proportion to the means of
however, this provision (under Art. 1138 defense available to the person
of the Civil Code) applies only where attacked. [People v. Canciller, GR
there is privity between the successive 97296. Mar. 4, 1992].
possessors. [Razote v. Razote, 49 Phil.
182; and Lacson v. Government, 39 Taking of property for purposes of
Phil. 631]. eminent domain. Elements: (a) The
expropriator must enter a private
Taga-tari. Tag. See Gaffer. property; (b) the entrance into private
property must be for more than a
Tagayan. Tag. The local term for a group momentary period; (c) the entry into
drinking session where a single glass is the properly should be under warrant or
used and each person takes his turn color of legal authority; (d) the property
drinking a fixed amount of liquor from must be devoted to a public use or
the glass. [People v. Canceran, GR otherwise informally appropriated or
104866. Jan. 31, 1994]. injuriously affected; and (e) the
utilization of the property for public use
Tailings disposal system. A must be in such a way to oust the
combination of methods, equipment and owner and deprive him of all beneficial
manpower used in handling, enjoyment of the property. [Rep. v.
transporting, disposal or impounding Vda. de Castellvi, 58 SCRA 336, 337.
Aug. 15, 1974].

636
imposing duties on the importation (or

Talangka. Tag. Small crabs. [People v. exportation) of goods. [Blacks Law
Rejano, GR 105669-70. Oct. 18, 1994]. Dict., 3rd Ed., p. 1703].
Talipapa. Tag. A conglomeration of Tariff and Customs Code of 1978. PD

vendors stalls. [Villanueva v. 1464 entitled A Decree to consolidate
Castaeda, GR L-61311. Sep. 21, 1987]. and codify all the tariff and customs
laws of the Philippines signed into law
Tamper. To interfere improperly or in on June 11, 1978.
violation of the law such as to tamper
with a document. [Duhaime's Legal Tariff bill. A bill filed in Congress
Dict., 2004]. proposing rates or duties to be imposed
on imported articles. [Claridades, A.,
Tanggero. Tag. The person who refills Compilation of Notes, 2001-2006].
the glass so the other persons present
in a group drinking session locally Task. A major element of work or
termed as tagayan could take their combination of elements by means of
turn in drinking. [People v. Canceran, which a specific result is achieved. [Sec.
GR 104866. Jan. 31, 1994]. 1, Rule 1, IRR of LC].
Tank barge. Any tank vessel not Tax. 1. A financial obligation imposed by
equipped with a means of self a state on persons, whether natural or
propulsion. [Sec. 3, PD 600]. juridical, within its jurisdiction, for
property owned, income earned,
Tank vessel. Any vessel especially business or profession engaged in, or
constructed or converted to carry liquid any such activity analogous in character
bulk cargo in tanks. [Sec. 3, PD 600]. for raising the necessary revenues to
take care of the responsibilities of
Tape printout. An adding machine-like government. [Rep. v. Phil. Rabbit Bus
tape containing the names of all Lines, GR L-26862. Mar. 30, 1970]. 2. A
candidates and the corresponding votes sum of money imposed on incomes,
obtained per precinct directly produced sales, or property by a government for
by the counting machine. [Sec. 2, RA its support. [Intl. Law Dict. & Direct.,
8046]. 2004].
Tarantado. Reckless. [People v. Tejada, Taxable income. 1. The pertinent items

GR L-55028. Aug. 31, 1981]. of gross income specified in the National
Internal Revenue Code, less the
Tardiness. The failure to arrive at a time deductions and/or personal and
set; lack of punctuality or not arriving additional exemptions, if any, authorized
on time. This definition inevitably for such types of income by said Code
implies that an officer or employee may, or other special laws. [Sec. 31, NIRC, as
in one working day, incur tardiness amended]. 2. The income against which
twice one in the morning and another tax rates are applied to compute tax
in the afternoon. [Ejercito-Domider, Ma. paid; gross income of businesses or
Teresita, CSC Res. 00-1640, July 13, adjusted gross income of individuals less
2000]. deductions and exemptions. [Glossary of
Tari. Tag. Gaffs. [Banawa v. De Jesus,
AM 1381. June 29, 1982]. Taxable value. See Assessed value.
Tariff. 1. A book of rates drawn usually in Taxable year. The calendar year, or the
alphabetical order containing the names fiscal year ending during such calendar
of several kinds of merchandise with the year, upon the basis of which the net
corresponding duties to be paid for the income is computed. [Sec. 22, NIRC, as
same. [De Leon, Fundamentals of amended].
Taxation, 2000 Ed., p. 21]. 2. The duties
payable on goods imported or exported. Tax amnesty. One-time authorization for
[PD 230]. 3. The system or principle of taxpayers to pay delinquent taxes and

637
thereby avoid possible prosecution.

[Intl. Law Dict. & Direct., 2004]. Tax dodging. See Tax evasion.
Taxation. The process or means by Taxes. 1. Financial burdens imposed for

which the sovereign, through its the purpose of raising revenues with
lawmaking body, raises income to which to defray the cost of the
defray the necessary expenses of operation of the Government. [Board of
government. It is a method of Assessment Appeals v. CTA, 8 SCRA
apportioning the cost of government 225]. 2. The enforced proportional
among those who in some measure are contributions from persons and property
privileged to enjoy its benefits and levied by the state by virtue of its
must, therefore, bear its burdens. sovereignty for the support of
[Teodoro & De Leon, Law on Income government and for all public needs.
Taxation, 11th Ed. (2001), p. 1, citing 51 [Rep. v. Phil. Rabbit Bus Lines, GR L-
Am. Jur. 341; 1 Cooley 72-93]. 26862. Mar. 30, 1970, citing 1 Cooley,
Taxation, 4th Ed., p. 61 (1924)].
Tax avoidance. 1. The use by the
taxpayer of legally permissible Tax evasion. 1. A term that connotes
alternative tax rates or methods of fraud through the use of pretenses and
assessing taxable property or income, in forbidden devices to lessen or defeat
order to avoid or reduce tax liability. It taxes. [Yutivo Sons Hardware Co. v. CA,
is not punishable by law. [De Leon, GR L-13203. Jan. 28, 1961]. 2. The use
Fundamentals of Taxation, 2000 Ed., p. by the taxpayer of illegal or fraudulent
59]. 2. Taking advantage of legal or means to defeat or lessen the payment
arguably legal tax loopholes. [Intl. Law of a tax. It is punishable by law. [De
Dict. & Direct., 2004]. Also called as Leon, Fundamentals of Taxation, 2000
Tax minimization. Compare with Tax Ed., p. 58]. 3. The intentional
evasion. misrepresentation or concealment of a
person's tax obligations. [Intl. Law Dict.
Tax benefit rule. The recovery of bad & Direct., 2004]. Also known as Tax
debts previously allowed as deduction in dodging. Compare with Tax
the preceding years shall be included as avoidance.
part of the gross income in the year of
recovery to the extent of the income tax Tax exemption. 1. The grant of
benefit of said deduction. [Teodoro & immunity to particular persons or
De Leon, Law on Income Taxation, 11th corporations or to persons or
Ed. (2001), p. 158, citing NIRC, as corporations of a particular class from a
amended]. tax which persons and corporations
generally within the same state or
Tax capitalization. The reduction in the taxing jurisdiction are obliged to pay.
price of the taxed object equal to the [De Leon, Fundamentals of Taxation,
capitalized value of future taxes which 2000 Ed., p. 60]. 2. An immunity or
the purchaser expects to be called upon privilege; it is freedom from a financial
to pay. [De Leon, Fundamentals of charge or burden to which others are
Taxation, 2000 Ed., p. 56]. subjected. [Greenfield v. Meer, 77 Phil.
394].
Tax credit. 1. The taxpayers right to
deduct from the income tax due, the Tax minimization. See Tax avoidance.
amount of tax he has paid to a foreign
country subject to limitations. It may Taxpayer. 1. Any person subject to tax
also refer to the amount which is imposed by Title II of the NIRC, as
allowed as a deduction of Philippine amended. [Sec. 22, NIRC]. 2. A person
income tax. [Teodoro & De Leon, Law who must pay a tax. [Intl. Law Dict. &
on Income Taxation, 11th Ed. (2001), p. Direct., 2004].
124]. 2. Any of the credits against taxes
extended to a registered enterprise by Taxpayer's suit. Action or proceedings
RA 5186, to evidence which a tax credit initiated by one or more taxpayers in
certificate shall be issued by the Bureau their own behalf or, conjunctively, in
of Internal Revenue. [Sec. 3, RA 5186]. representation of others similarly

638
situated for the purpose of declaring

illegal or unauthorized certain acts of Teacher. All persons engaged in
public officials which are claimed to be classroom teaching, in any level of
injurious to their common interests as instruction, on full-time basis, including
such taxpayers [Kilosbayan v. Guingona, guidance counselors, school librarians,
GR 113375. May 5, 1994, citing Cf. 71 industrial arts or vocational instructors,
Am Jur 2d., 179-180]. and all other persons performing
supervisory and/or administrative
Taxpayer's suit. Requisites: (a) That functions in all schools, colleges and
public funds are disbursed by a political universities operated by the Government
subdivision or instrumentality and in or its political subdivisions; but shall not
doing so, a law is violated or some include school nurses, school physicians,
irregularity is committed; and (b) that school dentists, and other school
the petitioner is directly affected by the employees. [Sec. 2, RA 4670].
alleged ultra vires act. [Bugnay
Construction v. Laron, 176 SCRA 240 Teacher education. The pre-service
(1989)]. education, in-service education, and
graduate education of teachers, in
Tax pyramiding. It occurs because various areas of specialization. [Sec. 2,
goods and services that are inputs into RA 7784].
higher stages of production are taxed
multiple times as they move through the Teacher-in-charge. The one designated
production or service chain. By by the dean, principal, or other
comparison, a VAT taxes only the value administrative superior to exercise
that is added by an enterprise to the supervision over the pupils in the
goods and services it sells, not its gross specific classes or sections to which they
value. By avoiding pyramiding, the VAT are assigned. [Amadora v. CA, GR L-
subjects all final goods and services to 47745. Apr. 15, 1988].
the same level of taxation, thereby
achieving greater neutrality and greater Teachers. 1. All persons engaged in
fairness. [http://sme.com.ph]. teaching at the elementary and
secondary levels, whether on full-time
Tax Reform Act of 1997. RA 8424 or part-time basis, including industrial
entitled An Act amending the National arts or vocational teachers and all other
Internal Revenue Code, as amended, persons performing supervisory and/or
and for other purposes enacted on Dec. administrative functions in all schools in
11, 1997. See National Internal the aforesaid levels and qualified to
Revenue Code. practice teaching under RA 7836. [Sec.
4, RA 7836]. 2. All persons engaged in
Tax statutes. Laws which impose rules teaching at the elementary and
and regulations related to taxation or to secondary levels, whether on a full-time
the creation of particular sources of or part-time basis, including guidance
revenue such as taxes, fees and charges counselors, school librarians, industrial
that are needed for the support of arts or vocational teachers and all other
government and for all public needs. persons performing supervisory and/or
[Suarez, Stat. Con., (1993), p. 91]. administrative functions in all schools in
the aforesaid levels and legally qualified
Tax treaty. A bilateral convention (but to practice teaching under PD 1006.
may be made multilateral) entered into [Sec. 3, PD 1006].
between sovereign states for purposes
of eliminating double taxation on income Teaching. 1. The profession concerned
and capital, preventing fiscal evasion, primarily with classroom instruction, at
promoting mutual trade and investment, the elementary and secondary levels in
and according fair and equitable tax accordance with the curriculum
treatment to foreign residents or prescribed by the DepEd, whether on
nationals. [Comm. of Int. Rev. v. Procter part-time or full-time basis in the private
& Gamble, GR 66838. Dec. 2, 1991]. or public schools. [Sec. 4, RA 7836]. 2.
The profession primarily concerned with
Tayador. See Bettor. the classroom instruction, at the

639
elementary and secondary levels, in Technology. The application of

accordance with the curriculum knowledge or science which shall
prescribed by National Board of include all others such an inventions,
Education, whether on part-time or full- innovations and results of researches.
time basis in the public or private [Sec. 3, RA 7459].
schools. [Sec. 3, PD 1006].
Technology-based. Utilization of
Teaching or academic staff. All technology. [Sec. 4, RA 8435].
persons engaged in actual teaching
and/or research assignments, either on Technology transfer arrangements.
full-time or part-time basis, in all levels Contracts or agreements involving the
of the educational system. [Sec. 6, BP transfer of systematic knowledge for the
232]. manufacture of a product, the
application of a process, or rendering of
Technical education. The education a service including management
process designed at post-secondary and contracts; and the transfer, assignment
lower tertiary levels, officially recognized or licensing of all forms of intellectual
as non-degree programs aimed at property rights, including licensing of
preparing technicians, para- computer software except computer
professionals and other categories of software developed for mass market.
middle-level workers by providing them [Sec. 4, RA 8293].
with a broad range of general
education, theoretical, scientific and Telecommunication apparatus. Any
technological studies, and related job apparatus constructed or adapted for
skills training. [Sec. 4, RA 7796]. use in transmitting or receiving anything
conveyed by a telecommunication
Technical Education and Skills system and includes any
Development Act of 1994 or the telecommunication line used in
TESDA Act of 1994. RA 7796 entitled telecommunication system. [Sec. 2, RA
An Act creating the Technical Education 7678].
and Skills Development Authority,
providing for its powers, structure and Telecommunication line. Any wire,
for other purposes enacted on Aug. 25, cable, tube, pipe, conduit or other
1984. similar things, including its casing or
coating, which is so designated or
Technical personnel of repair and adapted to be a telecommunication
service enterprise. A machine or apparatus. [Sec. 2, RA 7678; Sec. 2, RA
technician or any person who works or 7617].
renders diagnosis or advice in
connection with repair, service and Telecommunication message. 1.
maintenance of the consumer products Anything conveyed by means of
in a repair and service firm. [Art. 4, RA telecommunication system. [Sec. 2, RA
7394]. 7678]. 2. Voice, data, images and
anything conveyed through a
Technical reserve. All the available telecommunications system. [Sec. 2, RA
funds kept in a separate account out of 7617].
which claims for losses will be paid.
[Sec. 3, RA 6424]. Telecommunications apparatus. Any
device or equipment manufactured or
Technological assistance contracts. adopted for use in transmitting or
Contracts for: (a) the transfer, by receiving anything conveyed by a
license or otherwise, of patents, telecommunications system, and
processes, formulas or other includes any telecommunications lines.
technological rights of foreign origin; [Sec. 2, RA 7617].
and/or (b) foreign assistance concerning
technical and factory management, Telecommunications service. A service
design, planning, construction and consisting of the conveyance by means
similar matters. [Sec. 3, RA 5186]. of a telecommunication system of any
telecommunication message and

640
includes a directory information service Temporalities. Estates and properties

and installation, maintenance, not used exclusively for religious
adjustment, repair, movement, or re- worship. Property of every corporation
placement of telecommunication sole held in trust for the use, purpose,
apparatus, excluding the broadcasting behoof and benefit of the religious
of any telecommunication message, the society, or order so incorporated or of
purpose of which is to advertise any the church to which the diocese, synod,
product or service other than the use of or district organization is an organized
the telecommunication service itself. and constituent part. [Roman Catholic
[Sec. 2, RA 7678; Sec. 2, RA 7617]. Apostolic Administrator Of Davao v.
Land Registration Commission, GR L-
Telecommunications system. 1. A 8451. Dec. 20, 1957, citing Public Act
facility for conveyance through the No. 1459].
agency of the electric, magnetic,
electromagnetic, electrochemical or Temporal region. The flat part outside
electromechanical energy of speech, of the head above the cheek bones.
music and other sounds, visual images [Morenos Law Dict., 2000 Ed., p. 463].
and signal serving either for the
importation of any matter or for the Temporary appointment. Admin. Law.
actuation or control of machinery or An appointment that does not give the
apparatus. [Sec. 2, RA 7678]. 2. The appointee any definite tenure of office
combination of hardware and software but makes it dependent upon the
for the conveyance, through the agency pleasure of the appointing power.
of electric, magnetic, electro-magnetic, [Romualdez v. CSC, 197 SCRA 168].
electrochemical or electro-mechanical
energy of speech and other sounds, Temporary Protection Order or TPO.
visual images, data or signals. [Sec. 2, The protection order issued by the court
RA 7617]. on the date of filing of the application
after ex parte determination that such
Telephone service. A order should be issued. A court may
telecommunication service consisting of grant in a TPO any, some or all of the
the conveyance of voice and non-voice reliefs mentioned in RA 9262 and shall
telecommunication messages and data be effective for thirty (30) days. The
including, but not limited to video court shall schedule a hearing on the
transmission, telefax, teleconferencing, issuance of a PPO prior to or on the
television, and the like. [Sec. 2, RA date of the expiration of the TPO. The
7678; Sec. 2, RA 7617]. court shall order the immediate personal
service of the TPO on the respondent by
Television broadcast. Public showing by the court sheriff who may obtain the
transmitting sound or images by assistance of law enforcement agents
television or similar equipment, for the service. The TPO shall include
including cable television, and other notice of the date of the hearing on the
limited audience distribution. [Sec. 10, merits of the issuance of a PPO. [Sec.
PD 1986]. 15, RA 9262]. Compare with
Permanent Protection Order.
Temperate or moderate damages. 1.
These are more than nominal but less Temporary relief. Rem. Law. Any form
than compensatory damages, may be of action by a court granting one of the
recovered when the court finds that parties an order to protect its interest
some pecuniary loss has been suffered pending further action by the court.
but its amount can not, from the nature [Glossary of Legal Terms (Pro-Se),
of the case, be provided with certainty. 2004].
[Art. 2224, CC]. 2. Such damages as are
reasonable compensation for injury. Temporary restraining order (TRO).
They are more than nominal damages An emergency remedy of brief duration
but less than compensatory damages. issued by a court only in exceptional
[Torres, Oblig. & Cont., 2000 Ed., p. circumstances, usually when immediate
334, citing 17 CJ, p. 716]. or irreparable damages or loss might
result before the opposition could take

641
action. [Glossary of Legal Terms (Pro- merely tolerated and without the benefit
Se), 2004]. of contract, those who enter the land by
force or deceit, or those whose
Temporary statute. A statute whose life possession is under litigation. [Sec. 3,
or duration is fixed for a specified period PD 1517]. 2. A person who, himself and
of time at the moment of its enactment, with the aid available from within his
and continues in force, unless sooner immediate farm household, cultivates
repealed, until the expiration of the time the land belonging to, or possessed by,
fixed for its duration. E.g.: PD 851 another, with the latter's consent for
granting 13th month pay. [Suarez, Stat. purposes of production, sharing the
Con., (1993), p. 96]. Compare with produce with the landholder under the
Permanent statute. share tenancy system, or paying to the
landholder a price certain or
Temporary total disability. It accrues ascertainable in produce or in money or
or arises when the impaired physical both, under the leasehold tenancy
and/or mental faculties can be system. [Sec. 5, RA 1199]. 3. A person
rehabilitated and/or restored to their to whom a landlord grants temporary
normal functions. [Sec. 2, PD 1146]. and exclusive use of land or a part of a
Compare with Permanent total building, usually in exchange for rent.
disability. The contract for this type of legal
arrangement is called a lease. The word
Temporo. The area at or near the "tenant" originated under the feudal
temple. [Morenos Law Dict., 2000 Ed., system, referring to land "owners" who
p. 464]. held their land on tenure granted by a
lord. [Duhaime's Legal Dict., 2004].
Tenancy Emancipation Decree. PD 27
and its companion, PD 266. [Pagtalunan Tenant Emancipation Decree. PD 27
v. Tamayo, GR 54281. Mar. 19, 1990]. entitled Decreeing the emancipation of
tenants from the bondage of the soil,
Tenancy relationship. A juridical the transferring to them the ownership of
which arises between a landlord and a the land they till and providing the
tenant once they agree, expressly or instruments and mechanism therefor
impliedly, to undertake jointly the signed into law on Oct. 21, 1972.
cultivation of land belonging to the
former, either under the share tenancy Tenant-farmer. Under PD 946, the
or leasehold tenancy system, as a result actual tiller who personally works the
of which relationship the tenant acquires land, as well as those who actually till
the right to continue working on and the land and have gained the status of
cultivating the land, until and unless he tenants. [Morenos Law Dict., 2000 Ed.,
is dispossessed of his holdings for any p. 465].
of the just causes enumerated in Sec.
50 or the relationship us terminated in Tenant-lessee. Any person who, with
accordance with Sec. 9 [of RA 1199]. the consent of the former, tills,
[Sec. 6, RA 1199, cited in Ponce v. cultivates or operates said land,
Guevarra, GR L-19629 & L-19672-92. susceptible of cultivation by one
Mar. 31, 1964]. individual, personally or with the aid of
labor available from among his own
Tenancy relationship. Requisites: (a) immediate farm household. [Sec. 42, RA
The parties are the landowner and the 1199]. See Landholder-lessor.
tenant; (b) the subject is agricultural
land; (c) there is consent; (d) the Tenants Emancipation Act. PD 27
purpose is agricultural production; (e) entitled Decreeing the emancipation of
there is personal cultivation; and (f) tenants from the bondage of the soil,
there is sharing of harvests. [Baranda v. transferring to them the ownership of
Baguio, 189 SCRA 194 (1990)]. the land they till and providing the
instruments and mechanism therefor
Tenant. 1. The rightful occupant of land signed into law on Oct. 21, 1972.
and its structures, but does not include
those whose presence on the land is

642
Tenants in common. Similar to Joint nowadays except to refer to dominant

tenants. Tenants who share equal or servient tenements when qualifying
property rights except that, upon the easement. [Duhaime's Legal Dict.,
death of a tenant in common, that share 2004].
does not go to the surviving tenants but
is transferred to the estate of the Tenement house. 1. A building or
deceased tenant. Unity of possession portion thereof which is leased or sold
but distinct titles. [Duhaime's Legal to an occupied as residence by four or
Dict., 2004]. more families doing their cooking within
the premises but living independently of
Tender. 1. Synonymous with proposal, one another although having a common
bid or the quotation for supplies or right in the use of halls, stairways,
property offered. [IRR on Supply & terraces, verandas, toilets, and baths.
Prop. Mgt., per Sec. 383, LGC]. 2. An [Sec. 63, PD 856]. 2. Any house or
unconditional offer of a party to a building, or portion thereof, which is
contract to perform his part of the rented, leased, or hired out to be
bargain. For example, if the contract is a occupied, or is occupied, as the home or
loan contract, a tender would be an act residence of three families or more
of the debtor where he produces the living independently of each other and
amount owing and offers to the creditor. doing their cooking in the premises, or
In real property law, when a party by more than two families upon any
suspects that the other may be floor, so living and cooking, but having a
preparing to renege, he can write a common right in the halls, stairways,
tender in which he unequivocally re- yards, water-closets, or privies, or some
asserts his intention to respect the of them. [City of Iloilo v. Villanueva, L-
contract and tender his end of the 12695, Mar. 23, 1959].
bargain; either by paying the purchase
or delivering the title. [Duhaime's Legal Tentative de violacion. Sp. Attempted
Dict., 2004]. rape. [US v. Mendez, GR L-6483. Mar.
11, 1911].
Tender of excluded evidence. If
documents or things offered in evidence Tenure. 1. Admin. Law. It represents the
are excluded by the court, the offer or term during which the incumbent
may have the same attached to or made actually holds office. [Gaminde v. COA,
part of the record. If the evidence GR 140335. Dec. 13, 2000]. 2. Property.
excluded is oral, the offer or may state A right of holding or occupying land or a
for the record the name and other position for a certain amount of time.
personal circumstances of the witness The term was first used in the English
and the substance of the proposed feudal land system, whereby all land
testimony. [Sec. 40, Rule 132, RoC]. belonged to the king but was lent out to
lords for a certain period of time; the
Tender of payment. 1. The lord never owning, but having tenure in
manifestation by the debtor to the the land. Used in modern law mostly to
creditor of his desire to comply with his refer to a position a person occupies
obligation, with the offer of immediate such as in the expression "a judge holds
performance. [Tolentino, Civil Code of tenure for life and on good behavior."
the Phil., Vol. IV (1985)]. 2. It involves a [Duhaime's Legal Dict., 2004]. Compare
positive and unconditional act by the with Term.
obligor of offering legal tender currency
as payment to the obligee for the Tenured migrant communities. Are
former's obligation and demanding that communities within protected areas
the latter accept the same. [Roman which have actually and continuously
Cath. Bishop of Malolos v. IAC, GR occupied such areas for five (5) years
72110. Nov. 16, 1990]. before the designation of the same as
protected areas in accordance with RA
Tenement. Property that could be 7586 and are solely dependent therein
subject to tenure under English land for subsistence. [Sec. 4, RA 7586].
law; usually land, buildings or
apartments. The word is rarely used

643
Terceria. A third party claim. The remedy Terminal leave pay. The cash value of
accorded under Sec. 7, Rule 60 of the the accumulated leave credits of an
Rules of Court to any person, other than officer or employee who has already
the defendant or his agent, whose severed his connection with his
property is seized pursuant to the writ employer and who is no longer working.
of delivery. [La Tondea Distillers v. CA, It is no longer compensation for services
GR 88938. June 8, 1992]. rendered. It can not be viewed as
salary. [In Re: Zialcita, AM 90-6-015-SC.
Term. Civ. Law. That which necessarily Oct. 18, 1990].
must come whether the parties know
when it will happen or not. [Morenos Terminate. To put an end to, to make to
Law Dict., 2000 Ed., p. 466]. cease or to end. It connotes finality.
[Caballero v. alfonso, Jr., GR L-45647.
Term. Admin. Law. A fixed and definite Aug. 21, 1987].
period of time which the law describes
that an officer may hold an office. Termination. Labor. The term is used to
[Aparri v. CA, GR L-30057. Jan. 31, denote dismissal or lay-off. [Poquiz,
1984, citing Sueppel v. City Council of Labor Rel. Law, 1999 Ed. p. 22].
Iowa City, 136 N.W. 2D 523]. Compare
with Tenure. Termination dispute. Labor. A labor
dispute arising from the termination of
Terminable marriage. A marriage employment of a worker who thereafter
conditioned on the reappearance of the contests the validity or legality of his
absent spouse. It does not refer to Arts. dismissal by filing a complaint with the
35 to 38 of the Family Code. regional branch of the National Labor
[Claridades, A., Compilation of Notes, Relations Commission. The burden of
2001-2006]. proving that the termination was for a
valid or authorized cause shall rest on
Term of office. Admin. Law. The period the employer. [per Sec. 33, RA 6715].
during which an office may be held.
Upon the expiration of the officer's Termination pay. Labor. The pay to
term, unless he is authorized by law to which an employee shall be entitled
hold over, his rights, duties and equivalent to at least one month's salary
authority as a public officer must ipso for every year of service, a fraction of at
facto cease. [Aparri v. CA, GR L-30057. least six (6) months being considered as
Jan. 31, 1984, citing Mechem, Secs. one whole year, in case of termination
396-397]. of his employment due to the
installation of labor-saving devices or
Terminal facility. The seaport and its redundancy. [per Sec. 9, LC].
facilities of wharves, piers, slips, docks,
dry docks, bulkheads, basins, Termination Pay Law. RA 1052, as
warehouses, cold storage, and loading amended. [Expressly repealed by the
or unloading equipment. [Sec. 3, PD Labor Code].
857].
Term of office. 1. The time during which
Terminal fees. All charges for parking at the officer may claim to hold office as of
or near the ramp, terminal area or right, and fixes the interval after which
building for purposes of loading or the several incumbents shall succeed
unloading passengers and/or cargo. one another. [Gaminde v. COA, GR
[Sec. 3, RA 224]. 140335, Dec. 13, 2000]. 2. The period
during which an elected officer or
Terminal leave. Leave applied for by an appointee is entitled to hold office,
officer or employee who retires, resigns perform its functions and enjoy its
or is separated from the service through privileges and emoluments. [Francisco
no fault of his own. [Manual on Leave v. Men Abad, GR L-36927-28. Apr. 15,
Administration Course for Effectiveness, 1974, citing Black's Law Dict., 3rd Ed.,
published by the CSC, p. 16]. pp. 1558, 1717].

644
Term of office of union officials. complete sovereignty with the

Labor. The tenure of office of elected exceptions of innocent passage and
officials of a labor organization which is transit passage. [Intl. Law Dict. &
for a fixed period of five (5) years. [Sec. Direct., 2004].
1, Rule 1, Book 5, IRR of LC].
Territorial sea of the Philippines. All
Terms and conditions. Other the waters beyond the outermost
requirements not affecting the technical islands of the Philippine archipelago but
specifications and requirements of the within the limits of its boundaries.
supplies or property desired such as [Preambulatory clause, RA 3046, as
bonding, terms of delivery and payment, amended].
and related preferences. [IRR on Supply
& Prop. Mgt., per Sec. 383, LGC]. Territorial sovereignty. Intl. Law. The
right of a government to exclusively
Terra nullius. Lat. Land belonging to no exercise its powers within a particular
one. 1. Territory not belonging to any territory. [Intl. Law Dict. & Direct.,
state. [Sandoval, Pol. Law Reviewer 2004].
2003]. 2. Unoccupied land. [Intl. Law
Dict. & Direct., 2004]. Territory. The fixed portion on the
surface of the earth on which the state
Terreno inculto. Sp. Uncultivated land. settles and over which it has supreme
[Morenos Law Dict., 2000 Ed., p. 466]. authority. [Sandoval, Pol. Law Reviewer
2003].
Terrestrial domain. Also Land domain.
Intl. Law. The land mass on which the Terrorism. From Lat. terror: to frighten.
people live. It may be integrate, as in The sustained clandestine use of
the case of Iran, or dismembered, as violence for a political purpose. [Intl.
in the case of the United States, or may Law Dict. & Direct., 2004].
be partly bounded by water like Burma,
or completely surrounded like Iceland, Tertiary education. Post secondary
or may consist of several islands like the schooling is higher education leading to
Philippine archipelago. [Cruz, Intl. Law a degree in a specific profession or
Reviewer, 1996 Ed., p. 61]. discipline. [Sec. 20, BP 232].
Territoriality. A characteristic of criminal Testamentary capacity. 1. The capacity

law where the law is considered to comprehend the nature of the
applicable to all crimes committed within transaction in which the testator is
the limits of Philippine territory, which engaged at the time, to recollect the
includes its atmosphere, interior waters property to be disposed of and the
and maritime zone. [Gregorio, Fund. of persons who would naturally be
Crim. Law Rev., 1997 9th Ed., citing Art. supposed to have claims upon the
2, RPC, p. 2]. testator, and to comprehend the
manner in which the instrument will
Territoriality principle. Intl. Law. distribute his property among the
Doctrine that a court has criminal objects of his bounty. [Bugnao v. Ubag
jurisdiction if the offense was committed (1909), 14 Phil., 163; Bagtas v. Paguio
within the forum state. [Intl. Law Dict. & (1912), 22 Phil., 227; and Jocson v.
Direct., 2004]. Jocson (1922), 46 Phil., 701]. 2. The
legal ability to make a will. [Glossary of
Territorial power and jurisdiction. Legal Terms (Pro-Se), 2004].
Pol. Law. The power and jurisdiction of
the state over persons and things within Testamentary succession. Succession
its territory. [Suarez, Pol. Law Reviewer, which results from the designation of an
1st Ed., 2002, p. 30]. heir, made in a will executed in the form
prescribed by law. [Art. 779, CC].
Territorial sea. The waters adjacent to a Compare with Legal or intestate
coastal state and extending seaward up succession.
to a limit not to exceed 12 miles from its
baselines in which that state exercises

645
Testamentary trust. 1. A trust set up by Textual approach. To interpret the text

a will. [Glossary of Legal Terms (Pro- of a treaty according to the clear and
Se), 2004]. 2. A trust which is to take ordinary meaning of its words. [Intl.
effect only upon the death of the settlor Law Dict. & Direct., 2004].
and is commonly found as part of a will.
Trusts which take effect during the life Thalamus. The diencephalons which
of the settlor are called inter vivos involves the forebrain. [Morenos Law
trusts. [Duhaime's Legal Dict., 2004]. Dict., 2000 Ed., p. 466].
Testate estate. An estate of a deceased Theater of war. Intl. Law. The place
person which is settled or to be settled where hostilities are actually conducted
with the last will and testament of that as distinguished from the region of war.
deceased person called the testator. [Cruz, Intl. Law Reviewer, 1996 Ed., p.
[Bench Book for Trial Court Judges, p. 138].
3-1, citing Art. 775, CC]. Compare with
Intestate estate. Theater ticket. A theater ticket has been
described to be either a mere license,
Testator. 1. The term applied to the revocable at the will of the proprietor of
person whose property is transmitted the theater or it may be evidence of a
through succession, if he left a will. contract whereby, for a valuable
Regardless of whether or not he left a consideration, the purchaser has
will, he is also generally called the acquired the right to enter the theater
decedent. [Art. 775, CC]. 2. Person who and observe the performance on
makes a will. Female: Testatrix. condition that he behaves properly.
[Glossary of Legal Terms (Pro-Se), [Balacuit v. CFI of Agusan del Norte, GR
2004]. L-38429. June 30, 1988, citing Law of
the Stage, Screen and Radio by
Testimonial compulsion. Evid. 1. Marchetti, 1939 Ed., page 268].
Extraction of admission from the
person's own lips. [Material Distributors, Theatrical distribution. Public showing
Inc. v. Natividad, GR L-1716. June 28, and/or exhibition in any cinema or
1949, citing 4 Wigmore, 865, 2263]. 2. theater or in any other place of motion
Compulsory oral examination of pictures imposing admission fees on
prisoners before trial, or upon trial, for persons for entertainment, education,
the purpose of extorting unwilling information and advertising. [Sec. 10,
confessions or declarations implicating PD 1986]. See Non-theatrical
them in the commission of a crime. [US distribution.
v. Tan Teng, GR 7081. Sep. 7, 1912,
citing People v. Gardner, 144 NY, 119]. Theft. Crim. Law. 1. The felony
committed by any person who, with
Testimonial evidence. Verbal or oral intent to gain but without violence
evidence. Evidence which consists of the against or intimidation of persons nor
narration or deposition by one who has force upon things, shall take personal
observed or has personal knowledge of property of another without the latter's
that to which he is testifying. consent. It is likewise committed by: (a)
[Claridades, A., Compilation of Notes, Any person who, having found lost
2001-2006]. Compare with property, shall fail to deliver the same to
Documentary evidence. the local authorities or to its owner; (b)
Any person who, after having
Testimony. 1. The evidence given by a maliciously damaged the property of
witness under oath. It does not include another, shall remove or make use of
evidence from documents and other the fruits or object of the damage
physical evidence. [Glossary of Legal caused by him; and (c) Any person who
Terms (Pro-Se), 2004]. 2. The verbal shall enter an inclosed estate or a field
presentation of a witness in a judicial where trespass is forbidden or which
proceeding. [Duhaime's Legal Dict., belongs to another and without the
2004]. consent of its owner, shall hunt or fish
upon the same or shall gather cereals,
or other forest or farm products. [Art.

646
308, RPC]. 2. Taking of the thing to be Ins. Code and shall also exclude a
appropriated into the physical power of member of the household, or a member
the thief, which idea is qualified by of the family within the second degree
other conditions, such as that taking of consanguinity or affinity, of a motor
must be effected animo lucrandi and vehicle owner or land transportation
without the consent of the owner. operator, as likewise defined herein, or
[People v. Avila, GR 19786. Mar. 31, his employee in respect of death, bodily
1923]. injury, or damage to property arising
out of and in the course of employment.
Theft. Elements essential to constitute [Sec. 373, IC, as amended by PD 1814
the crime: (a) the taking of personal and 1981].
property; (b) that the property belongs
to another; (c) that the taking was done Third (fourth, etc.) party com-plaint.
with intent of gain; (d) that it was done 1. A claim that a defending party may,
without the consent of the owner, and with leave of court, file against a person
(e) that it was accomplished without not a party to the action, called the third
violence or intimidation of persons nor (fourth, etc.) defendant, for
force upon things [US v. De Vera, 43 contribution, indemnity, subrogation or
Phil. 1000; People v. Mercado, 65 Phil. any other relief, in respect of his
665; People v. Yusay, 50 Phil. 598; opponents claim. [Sec. 11, Rule 6,
People v. Rodrigo, L-18507, Mar. 31, RoC]. 2. A petition filed by a defendant
1966, 16 SCRA 475]. against a third (fourth, etc.) party (not
presently a party to the suit) which
Theft clause. Ins. A clause which alleges that the third (fourth, etc.) party
includes theft as among the risks is liable for all or part of the damages
insured against. [Claridades, A., plaintiff may win from defendant.
Compilation of Notes, 2001-2006]. [Glossary of Legal Terms (Pro-Se),
2004].
Theft of minerals. Elements: (a) The
accused extracted, removed and/or Third Party Liability (TPL). See
disposed of minerals; (b) these minerals Compulsory Motor Vehicle Liability
belong to the Government or have been Insurance.
taken from a mining claim or claims
leased, held or owned by other persons; Third person. 1. Anyone who is not a co-
and (c) the accused did not possess a owner, within the meaning of Art. 1620
mining lease or a temporary permit or of the of the Civil Code (on the right of
any other permit to mine granted by the legal redemption of a co-owner). [Basa
DENR Sec. or the Director of Mines v. Aguilar, L-30994, Sep. 30, 1982, 117
under existing mining decrees, laws and SCRA 130; Villanueva v. Florendo, L-
regulations. [Sec. 78, PD 463, as 33150, Oct. 17, 1985, 139 SCRA 333].
amended by Sec. 23, PD 1385]. 2. One who has not taken part in the act
or contract recorded. [Barrios v. Dolo,
Theoretical justice. A tax system based GR 559. Mar. 14, 1903, citing Art. 27,
on the taxpayers ability to pay; it must Mortgage Law].
be progressive. [Claridades, A.,
Compilation of Notes, 2001-2006]. Third reading of a bill. The reading of
the bill in the form as approved on
Theory of cognition. See Cognition second reading and takes place only
theory. after printed copies thereof in its final
form have been distributed to the
Theory of concurrent proximate Members (of Congress) at least three
cause. See Concurrent proximate days before, unless the bill is certified
cause theory. (as urgent by the Chief Executive).
[Tolentino v. Sec. of Finance, GR
Theory of manifestation. See 115455. Aug. 25, 1994].
Manifestation theory.
Thirteenth (13th) month pay. One-
Third-party. Any person other than a twelfth (1/12) of the basic salary of an
passenger as defined in Sec. 373 of the

647
employee within a calendar year. [Sec. Thrift Banks Act of 1995. RA 7906
2, PD 851]. entitled An Act providing for the
regulation of the organization and
Thirteenth Month Pay Law. PD 851 operations of thrift banks, and for other
entitled Requiring all employers to pay purposes enacted on Feb. 23, 1995.
their employees a 13th month pay
signed into law on Dec. 16, 1975. Tibihon. Tag. A person suffering from
tuberculosis. [Gonzales v. Arcilla, GR
Thoraco-abdominal region. Belly. 27923. Nov. 18, 1991].
Timber. Any piece of wood having an
Threat. A declaration of an intention or average diameter of at least 15
determination to injure another by the centimeters and at 1.5 meters long,
commission upon his person, honor or except all mangrove species which in all
property or upon that of his family of cases, shall be considered as timber
some wrong which may or may not regardless of size. [Sec. 1.11, DENR
amount to a crime. [Gregorio, Fund. of Order No. 80, 28 Dec. 1987, s. of 1987]
Crim. Law Rev., 1997 9th Ed., pp. 685-
686]. Timber land. Also Forest land. A
classification of lands of the public
Threatened species. A general term to domain in the Constitution. (Sec. 3, Art.
denote species or subspecies considered XII of the 1987 Constitution). It is not
as critically endangered, endangered, descriptive of what appears on the land
vulnerable or other accepted categories but is a legal status, a classification for
of wildlife whose population is at risk of legal purposes. [Rep. v. CA, GR L-
extinction. [Sec. 5, RA 9147]. 56948. Sep. 30, 1987]. Compare with
Forest.
Threatening to publish and offer to
prevent such publication for a Time allowance for good conduct.
compensation. Crim. Law. The felony See Good conduct time allowance.
committed by any person who threatens
another to publish a libel concerning Time charter. Mar. Law. A contract to
him or the parents, spouse, child, or use a vessel for a particular period of
other members of the family of the time, the charterer obtaining the right to
latter or upon anyone who shall offer to direct the movements of the vessel
prevent the publication of such libel for during the chartering period, although
a compensation or money consideration. the owner retains possession and
[Art. 356, RPC]. control. [Maritime Agencies & Services,
Inc. v. CA, GR 77638. July 12, 1990].
Threat of serious injury. Serious injury
that is imminent. [Sec. 4, RA 8800]. Time immemorial. A period of time
when as far back as memory can go,
Three-fold rule. Crim. Law. The rule certain Indigenous Cultural
that the maximum duration of the Communities/ Indigenous Peoples
sentence should not be more than three (ICCs/IPs) are known to have occupied,
times the most severe penalty. possessed in the concept of owner, and
[Gregorio, Fund. of Crim. Law Rev., utilized a defined territory devolved to
1997 9th Ed., p. 277]. them, by operation of customary law or
inherited from their ancestors, in
Thrift banks. Savings and mort-gage accordance with their customs and
banks, private development banks, and traditions. [Sec. 4, RA 8371].
stock savings and loans associations
organized under existing laws, and any Time limitations. A common law term
banking corporation that may be (also known as time-bars) referring to
organized for the purposes enumerated periods of time, prescribed by statutes
under Sec. 3 of RA 7906. [Claridades, (statutes of limitation) or international
A., Compilation of Notes, 2001-2006]. conventions, the expiry of which results
in the loss of the right to sue to enforce
a claim or right. Although the common

648
law traditionally viewed most time conducted. [Suarez, Pol. Law Reviewer,
limitations as procedural and therefore 1st Ed., 2002, p. 36].
subject to the lex fori, they are
increasingly understood as substantive, Titulo colorado. Sp. Such title where,
and thus governed by the law applicable although there was a mode of
to the underlying contract or tort. transferring ownership, still something is
[Tetley, Glossary of Conflict of Laws, wrong because the grantor is not the
2004]. See also Prescription. owner. [De Jesus v. CA, GR 57092. Jan.
21, 1993].
Time price differential. The amount
added to the cash price of an article Titulo de abogado. Sp. The term means
when the sale is on credit. It is not not mere possession of the academic
interest within the meaning of the Usury degree of Bachelor of Laws but
Law. [Emata v. IAC, GR 72714. June 29, membership in the Bar after due
1989]. admission thereto. The English
equivalent of Abogado is lawyer or
Tirahin. Tag. A popular expression attorney-at-law. [Ma. Cui v. Ma. Cui, GR
specially among the criminal element L-18727. Aug. 31, 1964].
which means to go after or do
something to someone, or even to kill Titulo de compra. Sp. Title by purchase.
him. [People v. Cruz, GR L-8776. May [Dir. of Forestry v. Muoz, GR L-25459.
19, 1958]. June 28, 1968].
Tire adjustment allowance. The credit Titulo gratuito. Sp. Gratuitous title. [Dir.
allowed to a customer by a tire of Forestry v. Muoz, GR L-25459. June
manufacturer when the buyer of a tire 28, 1968].
finds some defect in it, that is, upon the
return of the tire, he is credited with the Titulo lucrativo. See Gratuitous title.
cost of the tire less the value of the
service it has rendered to him. Thus, Titulo real. Sp. Royal grant. [Dir. of
when the customer purchases a new Forestry v. Muoz, GR L-25459. June
tire, he is given a discount equivalent to 28, 1968].
the adjustment credit on his defective
tire. [Morenos Law Dict., 2000 Ed., p. Titulo verdadero y valido. Sp. Such
470]. title which by itself is sufficient to
transfer ownership without necessity of
Title. 1. Stat. Con. That part of the letting the prescriptive period elapse.
statute which gives a general statement [De Jesus v. CA, GR 57092. Jan. 21,
of, and calls attention to, the subject 1993].
matter of an Act, so that legislators and
the public may be appraised of the Tobacco. 1. Agricultural components
subject matter of the legislation, and be derived from the tobacco plant, which
put upon inquiry in regard thereto. are processed for use in the
[Suarez, Stat. Con., (1993), p. 43]. 2. manufacturing of cigarettes and other
Property. Legal ownership of property. tobacco products. [Sec. 4, RA 9211]. 2.
[Glossary of Legal Terms (Pro-Se), Locally grown Virginia type tobacco,
2004]. excluding those that are re-dried,
threshed or blended. [Sec. 3, PD 1481].
Title of the action. The part of a
pleading that indicates the names of the Tobacco advertising. Any messages
parties who shall all be named in the and images promoting smoking; the
original complaint or petition. [Sec. 1, purchase or use of cigarette or tobacco
Rule 7, Roc]. trademarks brand names, design and
manufacturer's names. [Sec. 4, RA
Titular sovereignty. Sovereignty 9211].
fictitiously vested in a ruler who
personifies the power and majesty of Tobacco distributor. Any person to
the state and in whose government is whom a tobacco product is delivered or
sold for purposes of distribution in

649
commerce, except that such terms does of a road, bridge or the like, of a public
not include a manufacturer or retailer or nature. [De Leon, Fundamentals of
common carrier of such product. [Sec. Taxation, 2000 Ed., p. 16].
4, RA 9211].
Toll fee. When used in connection with
Tobacco grower. Any person who plants highways, a duty imposed on goods and
tobacco before the enactment of RA passengers traveling public roads. The
9211 and classified as such by the toll for use of a toll road is for its use in
National Tobacco Administration (NTA). traveling thereon, not for its use as a
[Sec. 4, RA 9211]. parking place for vehicles. [City of
Ozamis v. Lumapas, GR L-30727. July
Tobacco inspection fees. National 15, 1975]. Compare with Parking fee.
Internal Revenue taxes levied and
collected for purposes of regulation and Tonnage due. The amount paid by the
control and also as a source of revenue. owner, agent, operator or master of a
[La Suerte Cigar and Cigarette Factory vessel engaged in foreign trade coming
v. CTA, GR L-36130. Jan. 17, 1985]. to the Philippines from a foreign port or
going to a foreign port from the
Tobacco products. Any product that Philippines based on the net tonnage of
consists of loose tobacco that contains the vessel or weight of the articles
nicotine and is intended for use in a discharged or laden. [Sec. 3201, RA
cigarette, including any product 1937].
containing tobacco and intended
smoking or oral or nasal use. [Sec. 4, Tools and implements. Instruments of
RA 9211]. husbandry or manual labor needed by
an artisan craftsman or laborer to obtain
Tobacco retailer. Any person who or his living. [Pentagon Security v.
entity that sells tobacco products to Jimenez, GR 88114. Dec. 20, 1990].
individuals for personal consumption.
[Sec. 4, RA 9211]. Torillo. Sp. A male carabao. [Morenos
Law Dict., 2000 Ed., p. 471].
Tobar doctrine. See Wilson doctrine.
Torrens land registration system. A
Together. In the same place or at the land registration system invented by
same spot; with each other locally; Robert Torrens and in which the
hence, in company or companionship. government is the keeper of the master
[Morenos Law Dict., 2000 Ed., p. 470]. record of all land and their owners. In
the Torrens system, a land title
Toilet preparation. Any preparation certificate suffices to show full, valid and
which is intended to affect and title. [Duhaime's Legal Dict., 2004].
conceivably improve the bodily
appearance, such as a lotion intended to Torrens system. 1. A system for
contribute to the health and appearance registration of land under which, upon
of the skin. [Comm. of Int. Rev. v. CTA, the landowners application, the court
GR L-64768. Nov. 5, 1987]. may, after appropriate proceedings,
direct the issuance of a certificate of
Tolerance. Permission. [Morenos Law title. [Aquino, Land Regist. & Related
Dict., 2000 Ed., p. 470]. Proceedings, 2002 Rev. Ed., p. 1, citing
Blacks Dict, 5th Ed., 1979]. 2. The
Tolerance. The specified allowance for system of registration of transactions
error in weighing, measuring, etc., or with interest in land whose object is,
variation from the standard or given under governmental authority, to
dimension, weight or the like. [IRR on establish and certify to the ownership of
Supply & Prop. Mgt., per Sec. 383, an absolute and indefeasible title to
LGC]. realty, and to simplify its transfer. This
system was devised and first introduced
Toll. A sum of money for the use of in South Australia by Sir Robert Torrens
something, generally applied to the in 1857. [Alba v. Dela Cruz, 17 Phil. 49,
consideration which is paid for the use 58, 60 (1910)]. 3. The real purpose of

650
the system is to quiet title of land; to Total compensation. This takes place
put a stop forever to any question of the when the obligations are of different
legality of the title, except claims which amounts and compensation extinguishes
were noted at the time of registration, the obligations entirely. [Torres, Oblig.
in the certificate, or which may arise & Cont., 2000 Ed., p. 141]. Compare
subsequent thereto. That bring the with Partial compensation.
purpose of the law, it would seem that
once a title is registered the owner may Total disability. It accrues or arises
rest secure, without the necessity of when the loss or reduction of earning
waiting in the portals of the courts, or capacity amounts to at least seventy-
sitting in the 'mirador de su casa,' to five percent; or when the aggregate loss
avoid the possibility of losing his land. or reduction or earning capacity
[Legarda v. Saleeby, 31 Phil. 590 resulting from more than one injury
(1915)]. and/or disease amounts to at least one
hundred percent. [Sec. 2, PD 1146].
Torrens title. A certificate of ownership
issued under the Torrens system of Totality of circumstances test. The
registration by the government through test adopted by the courts in resolving
the Register of Deeds, naming and the admissibility of and relying on out-
declaring the owner in fee simple of the of-court identification of suspects,
real property described therein free where they consider the following
from all liens and encumbrances except factors, viz: (a) the witness' opportunity
such as may be expressly noted thereon to view the criminal at the time of the
or otherwise reserved by law. [PNB v. crime; (b) the witness' degree of
IAC, GR 71753. Aug. 25, 1989]. attention at that time; (c) the accuracy
of any prior description given by the
Torrent. That amount of water which in witness; (d) the level of certainty
case of heavy rains gathers in deep demonstrated by the witness at the
places or canals where it is supposed to identification; (e) the length of time
flow afterwards. [Morenos Law Dict., between the crime and the
2000 Ed., p. 471]. identification; and, (6) the
suggestiveness of the identification
Tort. 1. Violation of a right given or the procedure. [People v. Teehankee, GR
omission of a duty imposed by law. 111206-08. Oct. 6, 1995, citing Neil v.
[Naguiat v. NLRC, GR 116123. Mar. 13, Biggers, 409 US 188 (1973)].
1997, citing Words & Phrases,
Permanent Ed., v. 41A, p. 503]. 2. A Totality rule. The rule that where there
breach of a legal duty. [Naguiat v. are several claims or causes of actions
NLRC, GR 116123. Mar. 13, 1997, citing between the same or different parties,
Bouvier's Law Dict., 3rd Rev., v. 2]. 3. A embodied in the same complaint, the
private or civil wrong or injury for which amount of the demand shall be the
the court provides a remedy through an totality of the claims in all the causes of
action for damages. [Glossary of Legal action, irrespective of whether the
Terms (Pro-Se), 2004]. Also referred to causes of action arose out of the same
as Quasi-delict. or different transactions. [Sec. 33, BP
129, as amended by RA 7691].
Tort-feasor. Name given to a person or
persons who have committed a tort. Total loss. See Actual total loss or
[Duhaime's Legal Dict., 2004]. Constructive total loss.
Total allowable catch (TAC). The Tourist zone. A geographic area with
maximum harvest allowed to be taken well-defined boundaries proclaimed as
during a given period of time from any such by the President, upon the
fishery area, or from any fishery species recommendation of the Philippine
or group of fishery species, or a Tourism Authority, and placed under the
combination of area and species and administration and control of the
normally would not exceed the MSY. Authority. [Sec. 38, PD 564].
[Sec. 4, RA 8550].

651
Toxic amount. The lowest amount of drawee and accepted by such drawee.
concentration of toxic pollutants, which [Diaz, Bus. Law Rev., 1991 Ed., p. 364].
may cause chronic or long-term acute or
lethal conditions or effects to the Trade dress. In Unfair Competition Law,
aquatic life, or health of persons or a product sold in the market, not in a
which may adversely affect designated naked state, but dressed up with a
water uses. [Sec 4, RA 9275]. package or container, label and
perhaps, a display card. [Morenos Law
Toxic cataract. Cataract brought about Dict., 2000 Ed., p. 472].
by certain drugs such as ergot,
dinetrophenol, naphtalene, Trademark. See Trade name.
phenothiazines, and triparanol. [Jarillo
v. ECC, GR L-52058. Feb. 25, 1982]. Trade name. Also Trademark. 1. The
name or designation identifying or
Toxic substance. Any substance other distinguishing an enterprise. [Sec. 121,
than a radioactive substance which can RA 8293]. 2. A word or words, name,
cause injury, illness or death to man title, symbol, emblem, sign or device or
through ingestion, inhalation or any combination thereof used as an
absorption through any body surface. advertisement, sign, label, poster or
[Art. 4, RA 7394]. otherwise for the purpose of enabling
the public to distinguish the business of
TPL. Third Party Liability. the person who owns and uses said
trade name or trademark. [Art. 4, RA
TPO. See Temporary Protection 7394]. 3. A word or words, name, title,
Order. symbol, emblem, sign or device, or any
combination thereof used as an
Traces. See Retrospectant evidence. advertisement, sign, label, poster, or
otherwise, for the purpose of enabling
Trade. 1. The act of engaging in the the public to distinguish the business of
exchange, exportation or importation, the person who owns and uses said
purchase or sale of wildlife, their trade-name or trademark. [Art. 188,
derivatives or by-products, locally or RPC].
internationally. [Sec. 5, RA 9147]. 2.
Any group of interrelated jobs or any Trade test. Examination or test to
occupation which is traditionally or determine whether a person meets the
officially recognized as craft or artisan in standards of a particular trade. [Sec. 1,
nature requiring specific qualifications Rule 1, Book 2, IRR of LC].
that can be acquired through work
experience and/or training. [Sec. 4, RA Trading corporations. Corporations
7796]. 3. Any industrial craft or artisan which were vested by their respective
occupation which is officially or sovereigns with certain governmental
traditionally recognized as requiring powers over territory placed under their
special qualifications which can only be jurisdiction. [Cruz, Intl. Law Reviewer,
acquired through lengthy training, 1996 Ed., p. 17].
experience, and practical and theoretical
instruction. [Sec. 1, Rule 1, Book 2, IRR Traditio brevi manu. The delivery of
of LC]. movable property made by the mere
consent or agreement of the contracting
Trade acceptance. Nego. Inst. A bill of parties, if the latter already had it in his
exchange drawn by the seller on the possession for any other reason. [Art.
purchase of goods. [Martin, 1499, CC]. This takes place when the
Commentaries and Jurisp. on Comml. vendee has possession of the thing sold
Laws, Vol. 1, 1988 Rev. Ed., pp. 69-70]. in another capacity than an owner.
[Diaz, Bus. Law Rev., 1991 Ed., p. 120].
Trade acceptance bill. Nego. Inst. A bill
of exchange payable to order with a Traditio constitutum possessorium.
certain maturity, drawn by a seller This is the opposite of Traditio brevi
against the purchaser of goods as manu. This takes place when the
vendor continues to have possession of

652
the thing sold but no longer in the context of modern, scientific

concept of an owner but in the concept philosophical framework, but recognized
of a lessee. [Diaz, Bus. Law Rev., 1991 by the people to help maintain and
Ed., p. 120, citing Art. 1500, CC]. improve their health towards the
wholeness of their being, the
Traditio longa manu. The delivery of community and society, and their
movable property made by the mere interrelations based on culture, history,
consent or agreement of the contracting heritage, and consciousness. [Sec. 4, RA
parties, if the thing sold cannot be 8423].
transferred to the possession of the
vendee at the time of the sale. [Art. Traditional use. Utilization of wildlife by
1499, CC]. This is effected by simply indigenous people in accordance with
pointing to the thing sold, after which written or unwritten rules, usage,
the thing is now placed at the control customs and practices traditionally
and disposal of the vendee. [Diaz, Bus. observed, accepted and recognized by
Law Rev., 1991 Ed., p. 120]. them. [Sec. 5, RA 9147].
Tradition or Traditio, or Tradicion. A Traditio simbolica. It consists in the

mode of transmission of ownership delivery of certain symbols or things
which may be actual (real tradition) or representing the things delivered such
constructive (constructive tradition). as the keys or the titles of a tenement.
[Phil. Suburban Devt. Corp. v. Auditor [Tolentino, Civil Code of the Phil., Vol.
General, GR L-19545. Apr. 18, 1975]. II, Repr. 2001, p. 459].
See Delivery.
Trafficking. Transferring, or other-wise
Traditional and alternative health disposing of, to another, or obtaining
care. The sum total of knowledge, skills control of, with intent to transfer or
and practices on health care, other than dispose of. [Sec. 3, RA 8484].
those embodied in biomedicine, used in
the prevention, diagnosis and Trafficking in persons. The
elimination of physical or mental recruitment, transportation, transfer or
disorder. [Sec. 4, RA 8423]. harboring, or receipt of persons with or
without the victim's consent or
Traditional and Alternative Medicine knowledge, within or across national
Act (TAMA) of 1997. RA 8423 entitled borders by means of threat or use of
An Act creating the Philippine Institute force, or other forms of coercion,
o Traditional ad Alternative Health Care abduction, fraud, deception, abuse of
(PITAHC) to accelerate the development power or of position, taking advantage
of traditional and alternative health care of the vulnerability of the person, or, the
in the Philippines, providing for a giving or receiving of payments or
traditional and alternative health care benefits to achieve the consent of a
development fund and for other person having control over another
purposes enacted on Dec. 9, 1997. person for the purpose of exploitation
which includes at a minimum, the
Traditional folk art. Expressions of exploitation or the prostitution of others
distinctiveness and artistic quality or other forms of sexual exploitation,
created to serve a decorative and/or forced labor or services, slavery,
utilitarian or socio-cultural functions of servitude or the removal or sale of
traditional folk artists commonly known organs. The recruitment, transportation,
for such works. [Sec. 7355]. transfer, harboring or receipt of a child
for the purpose of exploitation shall also
Traditional healers. The relatively old, be considered as trafficking in persons
highly respected people with a profound even if it does not involve any of the
knowledge of traditional remedies. [Sec. means set forth in the preceding
4, RA 8423]. sentence. [Sec. 3, RA 9208].
Traditional medicine. The sum total of Trainees. Persons who are participants in
knowledge, skills and practice on health a vocational, administrative or technical
care, not necessarily explicable in the training program for the purpose of

653
acquiring and developing job-related Transcript. A written, word-for-word

skills. [Sec. 4, RA 7796]. record of what was said. Usually refers
to a record of a trial, hearing, or other
Trainers. Persons who direct the practice proceeding which has been transcribed
of skills towards immediate from a recording or from shorthand.
improvement in some task. [Sec. 4, RA [Glossary of Legal Terms (Pro-Se),
7796]. 2004].
Training. The systematic development of Transfer. Admin. Law. A movement (a)

the attitude, knowledge, skill, or from one position to another of
behavior pattern required for the equivalent rank, level or salary, without
adequate performance of a given job or a break in the service; and (b) from one
task. [Sec. 1, Rule 1, Book 2, IRR of office to another within the same
LC]. business establishment. [Sentinel
Security Agency, Inc. v. NLRC, GR
Training in vocation. A range of 122468. Sep. 3, 1998]. Compare with
activities aimed at providing the skills, Promotion.
knowledge, and attitudes required for
employment in a particular occupation, Transfer. Civ. Law. 1. The act by which
group, group of related occupations or the owner of a thing delivers it to
functions in a field of economic activity. another with the intent of passing the
[Sec. 1, Rule 1, Book 2, IRR of LC]. rights which he has in it to the latter.
[Chemphil Export & Import Corp. v. CA,
Trainors or trainers. Persons who GR 112438-39. Dec. 12, 1995]. 2. Any
provide training to trainers aimed at act by which property of one person is
developing the latter's capacities for vested in another. [Law Dict. of Words
imparting attitudes, knowledge, skills & Phrases, 3rd Series, Vol. 7, p. 5867].
and behavior patterns required for
specific jobs, tasks, occupations or Transferee. A person who receives
group of related occupations. [Sec. 4, property being transferred. The person
RA 7796]. from whom the property is moving is
the transferor. [Duhaime's Legal Dict.,
Transacting an insurance business. 2004].
See Doing an insurance business.
Transfer of shares. Any means whereby
Transacting business. Corp. Law. The one may be divested of and another
continuity of conduct, and intention of acquire ownership of stock. (Chemphil
continuing the body or substance of the v. CA, GR 112438-39. Dec. 12, 1995,
business or enterprise for which the citing Wallach v. Stein [N.J]., 136 A.,
foreign corporation was organized. 209, 210.)
[Diaz, Bus. Law Rev., 1991 Ed., p. 303].
Transferor. A person from whom
Transaction. As used in the Anti-Money property moves. Property is transferred
Laundering Act of 2001 (RA 9160), the from the transferor to the transferee.
term refers to any act establishing any [Duhaime's Legal Dict., 2004].
right or obligation or giving rise to any
contractual or legal relationship between Transferring stockholder. Also called
the parties thereto. It also includes any the Depositing stockholder. The
movement of funds by any means with equitable owner of the stocks
a covered institution. [Sec. 3, RA 9160]. represented by the voting trust
certificates and the stock reversible on
Transactional immunity. Immunity termination of the trust by surrender.
granted to the witness from prosecution [Lee v. CA, GR 93695. Feb. 4, 1992,
for an offense to which his compelled citing Comml. Laws of the Phil. by
testimony relates. [Galman v. Pamaran, Agbayani, Vol. 3, pp. 492-493].
GR 71208-09. Aug. 30, 1985, citing
Black Law Dict., 5th Ed., 1979]. Compare Transformation. The method of escape
with Use immunity. from taxation whereby the manufacturer
or producer upon whom the tax has

654
been imposed, fearing the loss of his include the availment of ancillary
market if he should add the tax to the services. [Sec. 4, RA 9136].
price, pays the tax and endeavors to
recoup himself by improving his process Transmission theory. Conf. of Laws.
of production thereby turning out his The process of applying the law of a
units of products at a lower cost. [De foreign state through the law of a
Leon, Fundamentals of Taxation, 2000 second foreign state. [Paras, Phil.
Ed., p. 57]. Conflict of Laws, 8th Ed. (1996), p. 215].
Transformation doctrine. Intl. Law. 1. Transport. To carry or convey from one

Doctrine that holds that customary place to another. [People v. Correa, GR
international law is applicable 119246. Jan. 30, 1998, citing Black's
domestically only after it is adopted by Law Dict., 1979 ed., p. 1344].
legislation, court decision, or local
usage. [Intl. Law Dict. & Direct., 2004]. Transportation. The movement of
2. The doctrine that requires such goods or persons from one place to
principles of international law to be another, by a carrier. [People v. Correa,
enacted as statutes or otherwise GR 119246. Jan. 30, 1998, citing Black's
converted into municipal law before Law Dict., 1979 Ed., p. 1344].
they can be considered binding on the
state. [Cruz, Intl. Law Reviewer, 1996 Transportation facility. Rails and
Ed., p. 8]. Compare with railcars, highways, wheeled vehicles,
Incorporation doctrine. bridges, tunnels, tramways, subways,
passenger or cargo vessels, ferry-boats,
Transient aircraft. All those which do lighters, tugs, barges, scows, ramps,
not have, at the airport, any fixed base, and any kind of facility in use or for use
area, or parking space. [Sec. 3, RA of the transportation, movement, or
224]. carriage of goods or passengers. [Sec.
3, PD 857].
Transitory action. Rem. Law. An action
founded on privity of contract between Transportation infrastructure. Roads,
the parties. [Albano, Rem. Law bridges, ports, airports, and the
Reviewer, 1st Ed., p. 71, citing Dela Cruz different modes of transportation using
v. Seminary of Manila, 18 Phil. 330]. these infrastructure. [Sec. 4, RA 7607].
Compare with Local action.
Transportation ticket. It is not a mere
Transit shed. A building or shed which is piece of paper. When issued by a
situated at or near a quay, wharf or common carrier, it constitutes the
pier, and is used for the temporary or contract between the ticket-holder and
short-term storage of goods in transit, the carrier. It gives rise to the obligation
or to be shipped or discharge from a of the purchaser of the ticket to pay the
vessel. [Sec. 3, PD 857]. fare and the corresponding obligation of
the carrier to transport the passenger
Transmissibility of rights. It means upon the terms and conditions set forth
that all rights acquired in virtue of an thereon. The ordinary ticket issued to
obligation are transmissible, except members of the traveling public in
when prohibited by law or by stipulation general embraces within its terms all the
of the parties. [Diaz, Bus. Law Rev., elements to constitute it a valid
1991 Ed., p. 10]. contract, binding upon the parties
entering into the relationship. [Comm.
Transmission of electricity. The of Int. Rev. v. British Overseas Airways
conveyance of electricity through the Corp., GR L-65773-74. Apr. 30, 1987,
high voltage backbone system. [Sec. 4, citing Am Jur 2d 813].
RA 9136].
Transport permit. A permit issued
Transmission of electricity charge. authorizing an individual to bring wildlife
The regulated cost or charges for the from one place to another within the
use of a transmission system which may territorial jurisdiction of the Philippines.
[Sec. 5, RA 9147].

655
drawn by the beneficiary will be

Transsexualism. Legal Med. A sexual honored by the bank.
disorder characterized by a strong
compulsion to identify with the opposite Traverse. The term signifies a denial.
gender and to discard ones anatomical Thus, where a defendant denies any
sex organ, to the extent of having a sex material allegation of fact in the
change through surgery. [Olarte, Legal plaintiff's declaration, he is said to
Med., 1st Ed. (2004), p. 120]. traverse it, and the plea itself is thence
frequently termed a traverse. [Abadilla
Transship. To transfer for further v. Ramos, GR 79173. Dec. 1, 1987,
transportation from one ship or citing Black's Law Dict., 5th Ed., p.
conveyance to another. [Samar Mining 1345].
Co. v. Nordeutscher Lloyd, GR L-28673.
Oct. 23, 1984, citing Webster's 3rd Intl. Trawl. An active fishing gear consisting
Dict. (Unabr.)]. of a bag shaped net with or without
otter boards to open its opening which
Transshipment. Mar. Law. 1. The act of is dragged or towed along the bottom or
taking cargo out of one ship and loading through the water column to take
it in another. [Magellan v. CA, GR fishery species by straining them from
95529. Aug. 22, 1991, citing Black's Law the water, including all variations and
Dict., 4th Ed., 1670]. 2. The transfer of modifications of trawls (bottom, mid-
goods from the vessel stipulated in the water, and baby trawls) and tow nets.
contract of affreightment to another [Sec. 4, RA 8550].
vessel before the place of destination
named in the contract has been Treachery. Crim. Law. The means,
reached. [Magellan v. CA, GR 95529. methods, or forms employed by the
Aug. 22, 1991 citing, Ballentine Law offender who commits any of the crimes
Dict. with Pronunciations, 1959 ed., against person, which tend directly and
1295]. 3. The transfer for further specially to ensure its execution, without
transportation from one ship or risk to himself arising from the defense
conveyance to another. [Webster's 3rd which the offended party might make.
New Intl. Dict. (Unabr.), 1986 Ed., [Art. 14 (16), RPC].
2431; Samar Mining v. Nordeutscher
Lloyd, 132 SCRA 529 (1984)]. Treachery. Crim. Law. Requisites: (a)
That at the time of the attack, the victim
Transvestism. Legal Med. A form of was not in a position to defend himself;
deviation wherein a person attains and (b) that the offender consciously
sexual pleasure by dressing the way the adopted the particular means, method,
opposite sex does. [Olarte, Legal Med., or form of attack employed by him.
1st Ed. (2004)]. [People v. Estillore, 141 SCRA 456
(1986)].
Traumatic cataract. Cataract caused by
blunt as penetrating injuries to the eye, Treason. Crim. Law. 1. The felony
intraocular foreign bodies, radiation and committed by any person who, owing
high voltage electricity. [Jarillo v. ECC, allegiance to the Government of the
GR L-52058. Feb. 25, 1982]. Philippines, not being a foreigner, levies
war against it or adheres to its enemies,
Travelers check. A check upon which giving them aid or comfort within the
the drawers signature appears twice, Philippines or elsewhere. [Art. 114,
one to be affixed by him upon purchase RPC]. 2. A breach of allegiance to a
of the check and the other which is a government, committed by a person
counter-signature to be affixed by him who owes allegiance to it. [US v. Abad 1
upon issuance. [Diaz, Bus. Law Rev., Phil. 437].
1991 Ed., p. 381].
Treasury shares. Corp. Law. Shares of
Travelers letter of credit. A letter from stock which have been issued and fully
a bank addressed to its correspondents paid for, but subsequently reacquired by
stating that drafts up to a certain sum the issuing corporation by purchase,
redemption, donation or through some

656
other lawful means. Such shares may

again be disposed of for a reasonable Treble costs. Costs (other than double
price fixed by the board of directors. costs) which may be imposed on the
[Sec. 9, Corp. Code]. plaintiff or appellant, where an action or
an appeal is found to be frivolous, to be
Treatise. A formal and systematic book paid by his attorney, if so ordered by
or writing containing a narrative the court. [Sec. 3, Rule 143, RoC].
statement on a field of law. [Glossary of
Legal Terms (Pro-Se), 2004]. Tree farm. Any tract of forest land
purposely and extensively planted to
Treatment. 1. The provision of prompt, trees of economic value for their fruits,
appropriate and adequate medicine, flowers, leaves, barks, or extractives,
medical, and surgical management or but not for the wood thereof. [Sec. 3,
dietary prescription to a newborn for PD 705].
purposes of treating or mitigating the
adverse health consequences of the Tres cantos. Sp. Three-bladed knife.
heritable condition. [Sec. 4, RA 9288]. [People v. Marciales, GR L-61961. Oct.
2. Any method, technique, or process 18, 1988].
designed to alter the physical, chemical
or biological and radiological character Trespass. Crim. Law. 1. The felony
or composition of any waste or committed by any person who shall
wastewater to reduce or prevent enter the closed premises or the fenced
pollution. [Sec 4, RA 9275]. estate of another, while either or them
are uninhabited, if the prohibition to
Treatment procedure. Any method enter be manifest and the trespasser
used to remove the symptoms and has not secured the permission of the
cause of a disease. [Sec. 1, RA 9241]. owner or the caretaker thereof. [Art.
281, RPC]. 2. Any unauthorized entry on
Treaty. 1. A formal agreement, usually realty of another to the damage thereof.
but not necessarily in writing, which is [People v. Dimana, GR L-26668. Apr.
entered into by states or entities 27, 1972, citing City of Cape Girardeau
possessing treaty-making capacity, for v. Pankey, Mo. App. 224 S. W. 2d 588,
the purpose of regulating their mutual 589].
relations under the law of nations.
[Sandoval, Pol. Law Reviewer 2003]. 2. Trial. 1. All proceedings from the time
A formal agreement between two states when issue is joined, or, more usually,
signed by official representatives of when the parties are called to try their
each state. A treaty may be law-making case in court, to the time of its legal
in that it is the declared intention of the determination. [Gutierrez v. CA, GR
signatories to make or amend their 82475. Jan. 28, 1991, citing Black's Law
internal laws to give effect to the treaty. Dict., p. 1675 (Rev. 4th Ed., 1968]. 2. A
Other treaties are just contracts judicial examination of issues between
between the signatories to conduct parties to an action. [Glossary of Legal
themselves in a certain way or to do a Terms (Pro-Se), 2004].
certain thing. These latter type of
treaties are usually private to two or a Trial brief. A written document prepared
limited number of states and may be for and used by an attorney at trial. It
binding only through the International contains the issues to be tried, synopsis
Court of Justice. [Duhaime's Legal Dict., of evidence to be presented and case
2004]. and statutory authority to substantiate
the attorney's position at trial. [Glossary
Treaty of Paris. The treaty signed on of Legal Terms (Pro-Se), 2004].
Dec. 10, 1898 in Paris, France where
Spain ceded the Philippines to the Trial by commissioner. The referral, by
United States of America, together with order of the court upon written consent
Guam, Panama and Puerto Rico, for $20 of both parties, of any or all of the
million. issues in a case to a commissioner to be
agreed upon by the parties or to be
Treble. Triple. appointed by the court. The word

657
"commissioner" includes a referee, an Tribal land areas. The areas comprising

auditor and an examiner. [Sec. 1, Rule both land and sea that are traditionally
32, RoC]. occupied by the cultural minorities. [Sec.
3, RA 7611].
Trial calendar. A calendar for cases
which have passed the pre-trial stage. Triennial cohabitation doctrine. A
[Albano, Rem. Law Reviewer, 1st Ed., p. presumption that the husband is
270]. impotent should the wife still remain a
virgin after living together with the
Trial custody. A supervised trial custody husband for three (3) years.
period of at least six months given by [Claridades, A., Compilation of Notes,
the court to the adopting parents to 2001-2006].
assess their adjustment and emotional
readiness for the legal union as a Trigger price. The volume bench-mark
prerequisite before any petition for for applying the special safe guard
adoption is finally granted. During the measure. [Sec. 4, RA 8800].
period of trial custody, parental
authority shall be vested in the adopting Trigger volume. The price bench-mark
parents. [Art. 35, PD 603, as amended for applying the special safeguard
by EO 91]. measure. [Sec. 4, RA 8800].
Trial in absentia. Trial which may Trip charter. See Voyage charter.
proceed after arraignment
notwithstanding the absence of the Trisikad. Tag. Bicycle with a sidecar used
accused provided that he has been duly as a passenger vehicle. [People v.
notified and his failure to appear is Verano, GR 110109. Nov. 21, 1996].
unjustifiable. [People v. Agbulos, GR
73875. May 18, 1993, citing Art. III, TRO. See Temporary restraining
Sec. 14 (2) of the 1987 Constitution]. order.
Trial lawyer. A lawyer who personally Trompillo. A pyrotechnic device usually

handles cases in court, administrative fastened at the center and designed to
agencies or boards which means spin first clockwise and then counter-
engaging in actual trial work either for clockwise and provides various colored
the prosecution or for the defense of lights upon being ignited. [Sec. 2, RA
cases of clients. [Pineda, Legal and 7183].
Judicial Ethics, (1999 Ed.), p. 4].
Tropical fabrics. Those containing
Triangulo (small). A firecracker shaped natural fibers produced, spun, woven or
like a triangle with powder content less knitted and finished in the Philippines.
than the bawang and usually wrapped in [Sec. 2, RA 9242].
brown paper measuring 3/4 inch length
in its longest side. [Sec. 2, RA 7183]. Troso. Tag. Round logs. [Morenos Law
Dict., 2000 Ed., p. 479].
Tribadist. See Lesbian.
Trover. An old English and common law
Tribal court. A court existing under the legal proceeding against a person who
customs and traditions of an indigenous had found someone else's property and
cultural community. Such courts are not has converted that property to his own
a part of the Philippine judicial system purposes. The action of trover did not
which consists of the Supreme Court ask for the return of the property but for
and the lower courts which have been damages in an amount equal to the
established by law (Sec. 1, Art. VIII, replacement value of the property.
1987 Constitution). They do not possess English law replaced the action of trover
judicial power. [Badua v. Cordillera with that of conversion in 1852.
Bodong Administration, GR 92649. Feb. [Duhaime's Legal Dict., 2004].
14, 1991].
Truce. Intl. Law. The term is sometimes
used interchangeably with armistice

658
but is now understood to refer to a [Duhaime's Legal Dict., 2004]. See

ceasefire with conditions attached. Constructive trust.
144]. Trusted services. Such trusted services
of a lawyer to his client which is of the
Truck or cargo van. A motor vehicle of highest degree of trust. [Grio v. CSC,
any configuration that is exclusively GR 91602. Feb. 26, 1991].
designed for the carriage of goods and
with any number of wheels and axles. Trustee. 1. One in whom confidence is
Provided, That pick-ups shall not be reposed as regards property for the
considered as trucks. [RA 9224]. benefit of another person. [Art. 1440,
CC]. 2. The person or institution that
True conflict. A legal problem where one manages the property put in trust.
or more jurisdictions has a genuine [Glossary of Legal Terms (Pro-Se),
interest in having its law applied. 2004]. 3. The person who holds
[Tetley, Glossary of Conflict of Laws, property rights for the benefit of
2004]. another through the legal mechanism of
the trust. A trustee usually has full
True copy. A correct copy of the original. management and administration rights
[Morenos Law Dict., 2000 Ed., p. 479]. over the property but these rights must
always be exercised to the full
Trust. 1. A fiduciary relationship advantage of the beneficiary. All profits
concerning property which obliges the from the property go to the beneficiary
person holding it to deal with the although the trustee is entitled to
property for the benefit of another. The reimbursement for administrative costs.
person holding, in view of his equitable There is no legal impediment for a
title, is allowed to exercise certain trustee to also be a beneficiary of the
powers belonging to the owner of the same property. [Duhaime's Legal Dict.,
legal title. [Tabingan, Spec. 2004].
Proceedings, 1st Ed., 2001, p. 246]. 2. A
legal device used to manage real or Trustee de son tort
personal property, established by one A trustee "of his own wrong"; a person
person (grantor or settlor) for the who is not a regularly appointed trustee
benefit of another (beneficiary). but because of his or her intermeddling
[Glossary of Legal Terms (Pro-Se), with the trust and the exercise of some
2004]. 3. Property given by a person control over the trust property, can be
called the donor or settlor, to a trustee, held by a court as "constructive" trustee
for the benefit of another person called which entails liability for losses to the
the beneficiary or donee. The trustee trust. [LawInfo Legal Dictionary (2005)].
manages and administers the property,
actual ownership is shared between the Trusteeship Council. The principal
trustee and the beneficiary, and all the organ of the United Nations which is
profits go to the beneficiary. [Duhaime's directly charged with the administration
Legal Dict., 2004]. See Trustee. of the international trusteeship system.
Trust agreement or declaration. The 32].
legal document that sets up a living
trust. Testamentary trusts are set up in Trust ex delicto. See Constructive
a will. [Jurists Legal Dict., 2004]. trust.
Trust de son tort. A trustee "of his own Trust ex maleficio. See Constructive
wrong"; a person who is not a regularly trust.
appointed trustee but because of his
intermeddling with the trust and the Trust funds. Funds which have come
exercise of some control over the trust officially into the possession of any
property, he can be held by a court as a agency of the Government or of a public
constructive trustee which entails officer as trustee, agent, or
liability for losses to the trust. administrator, or which have been
received for the fulfillment of some

659
obligation. [Sec. 2, Chap. 1 Subtitle B, or for other purposes. [Prudential Bank

EO 292]. v. IAC, GR 74886. Dec. 8, 1992, citing
Sec. 4, PD 115].
Trustor. A person who establishes a
trust. [Art. 1440, CC]. Truth in lending. Statutes which provide
that precise and meaningful cost of
Trust property. Property actually in credit information be provided to the
existence and in which the trustor has a credit customer. [Jurists Legal Dict.,
transferable title or interest. [Morenos 2004].
Law Dict., 2000 Ed., p. 477].
Truth in Lending Act. RA 3765 entitled
Trust receipt. 1. The written or printed An Act to Require the Disclosure of
document signed by the entrustee in Finance Charges in Connection with
favor of the entruster containing terms Extensions of Credit enacted on June
and conditions substantially complying 22, 1963.
with the provisions of PD 115. No
further formality of execution or Tubo. Tag. Lead pipe. [People v. Aguiluz,
authentication shall be necessary to the GR 91662. Mar. 11, 1992].
validity of a trust receipt. [Sec. 3, PD
115]. 2. A security agreement, pursuant Tug. A steam vessel built for towing,
to which a bank acquires a security synonymous with tugboat. [Luzon
interest in the goods. It secures an Stevedoring Corp. v. CA, GR L-30232.
indebtedness and there can be no such July 29, 1988, citing Bouvier's Law
thing as security interest that secures no Dictionary].
obligation. [Vintola v. Insular Bank of
Asia & America, GR 73271, May 29, Tugboat. 1. A strongly built, powerful
1987, 150 SCRA 578]. steam or power vessel, used for towing
and, now, also used for attendance on
Trust Receipts Law. PD 115 entitled vessel. [Webster New Intl. Dict., 2nd
Providing for the regulation of trust Ed.]. 2. A diesel or steam power vessel
receipts transactions signed into law on designed primarily for moving large
Jan. 29, 1973. ships to and from piers for towing
barges and lighters in harbors, rivers
Trust receipt transaction. Any and canals. [Encyc. Intl. Grolier, Vol. 18,
transaction by and between a person p. 256]. 3. A steam vessel built for
referred to in PD 115 as the entruster, towing, synonymous with tugboat.
and another person referred to in the [Bouvier's Law Dict.]. [Definitions were
same Decree as the entrustee, whereby cited in Luzon Stevedoring Corp. v.
the entruster, who owns or holds Oben, CTA Case 1484. Oct. 21, 1968].
absolute title or security interests over
certain specified goods, documents or Tuition fee. 1. Fee collected by the
instruments, releases the same to the school in paying for the instruction.
possession of the entrustee upon the [Sec. 1, PD 577]. 2. The school charges
latter's execution and delivery to the for the subjects or course enrolled in by
entruster of a signed document called a pupil or student, as indicated in the
the trust receipt wherein the entrustee respective prospectuses, colleges and
binds himself to hold the designated universities, which may either be on a
goods, documents or instruments in term or yearly basis or per unit or units.
trust for the entruster and to sell or [Sec. 1, Rule II, PD 451].
otherwise dispose of the goods,
documents or instruments with the Tumults and other disturbance of
obligation to turn over to the entruster public orders; tumultuous
the proceeds thereof to the extent of disturbance or interruption liable to
the amount owing to the entruster or as cause disturbance. Crim. Law. The
appears in the trust receipt or the felony committed by any person who
goods, instruments themselves if they shall cause any serious disturbance in a
are unsold or not otherwise disposed of, public place, office, or establishment, or
in accordance with the terms and shall interrupt or disturb public
conditions specified in the trust receipt, performances, functions or gatherings,

660
or peaceful meetings, if the act is not witnesses at least to the same overt act
included in the provisions of Art. 131 or on confession of the accused in open
and 132 of the Rev. Penal Code; or by court. [Art. 114, RPC].
persons causing any disturbance or
interruption of a tumultuous character; Typhoon warranty. A warranty in an
or by any person who in any meeting, insurance policy that the insured vessels
association, or public place, shall make shall not be allowed to sail or put out of
any outcry tending to incite rebellion or port when there is a typhoon or storm
sedition or in such place shall display or when there is a typhoon or storm
placards or emblems which provoke a warning at the port of destination or
disturbance of the public order; or by between the said ports. [Morenos Law
those persons who, in violation of the Dict., 2000 Ed., p. 479].
provisions contained in the last clause of
Art. 85 of the Rev. Penal Code, shall
bury with pomp the body of a person
who has been legally executed. [Art.
153, RPC].
Tumultuous affray. It takes place when

a quarrel occurs between several
persons and they engage in a confused
and tumultuous affray, in the course of
which same person is killed or wounded
and the author thereof cannot be
ascertained. [US v. Tandoc, GR 15635.
Mar. 16, 1920, citing Arts. 405 and 420,
RPC].
Tupada. Tag. Cockfight. [People v.

Panganiban, GR 97969. Feb. 6, 1995].
Turnover tax. A tax paid when a good or

a service is transferred from one person
to another. [Intl. Law Dict. & Direct.,
2004].
Tussis. Lat. Cough. [Etepha v. Dir. of

Patents, GR L-20635. Mar. 31, 1966,
Webster's 3rd Intl. Dict., 1964 ed., p.
2470].
Tutius semper est errare acquietando

quam in puniendo Lat. It is always
safer to err in acquitting than in
punishing. [People v. Lizada, GR 97226.
Aug. 30, 1993].
Two-dismissal rule. The rule that where

the same complaint had twice been
dismissed by the plaintiff without order
of the court by the mere act of serving
notice of dismissal, the second dismissal
operates as an adjudication on the
merits. [Albano, Rem. Law Reviewer,
1st Ed., p. 236].
Two-witness rule. The rule that no

person shall be convicted of treason
unless on the testimony of two

661
of the person or organization which took

it. [LawInfo Legal Dictionary (2005)].
Ultra vires act. Corp. Law. An act

committed outside the object for which
a corporation is created as defined by
law of its organization and therefore
beyond the powers conferred upon it by
law [Rep. v. Acoje Mining, GR L-18062.
-U- Feb. 28, 1963, citing 19 CJS, Sec. 965,

p. 419]. 2. Without authority. An act
which is beyond the powers or authority
Uberrima fides or Uberrimae fidae. of the person or organization which took
Lat. 1. Most abundant good faith. [Tang it. [Duhaime's Legal Dict., 2004].
v. CA, GR L-48563. May 25, 1979]. 2. Compare with Intra vires act.
Good faith; absolute and perfect candor
or openness and honesty; the absence Unanimity of parties. The absence of
of any concealment or deception, serious controversy between the parties
however slight [Grepalife v. CA, GR L- in interest as to the title of the party
31845. Apr. 30, 1979, citing Black's Law seeking relief under Sec. 112 of the
Dict., 2nd Ed.]. Land Registration Act. [Vicente v. Delos
Santos, GR L-20351. Feb. 27, 1969].
Ubi jus ibi remedium. Lat. Where there
is a right, there is a remedy [Gabila v. Unattended child. A child is unattended
Perez, GR 29541. Jan. 27, 1989, citing when left by himself without provisions
Ballentine's Law Dict., 1948 Ed., p. for his needs and/or without proper
1307]. supervision. [Art. 141, PD 603].
Ubi lex non distinguit nec nos Unauthorized access device. Any
distinguere debemus. Lat. When the access device that is stolen, lost,
law does not distinguish we should not expired, revoked, canceled, suspended,
distinguish. [Robles v. Zambales or obtained with intent to defraud. [Sec.
Chromite Mining, GR L-12560. Sep. 30, 3, RA 8484].
1958].
Unauthorized contract. A contract
Ulcer. An erosion in the skin of mucous entered into in the name of another by
membrane (moist lining, as of mouth), one who has no authority or legal
along with some destruction of the representation, or who has acted
tissue below. [Landicho v. WCC, GR L- beyond his powers. [Art. 1317, CC].
45996. Mar. 26, 1979, citing Atty.s Dict.
of Med., Schmidt]. Uncertificated security. A security
evidenced by electronic or similar
Ultimate facts. 1. Those facts which the records. [Sec. 3, RA 8799].
expected evidence will support. [Salita
v. Magtolis, GR 106429. June 13, 1994, UNCITRAL. United Nations Com-mission
citing Black's Law Dict., 4th Ed.]. 2. The on International Trade Law. Established
essential facts constituting the plaintiff's by a United Nations General Assembly
cause of action. A fact is essential if it Resolution in 1966 to harmonize and
cannot be stricken out without leaving unify international trade law. It was
the statement of the cause of action instrumental in the preparation of the
insufficient. [Moran, Rules of Court, Vol. Hamburg Rules, 1978. [Tetley, Glossary
1, 1963 Ed., p. 213, cited in Remitere v. of Conflict of Laws, 2004].
Vda. de Yulo, GR L-19751, 28 Feb.
1966, 16 SCRA 251]. Compare with UNCITRAL model law, 1985. The
Evidentiary facts. UNCITRAL Model Law on Inter-national
Commercial Arbitration adopted on June
Ultra vires. Without authority. An act 21, 1985 during the Fortieth Session of
which is beyond the powers or authority the General Assembly, United Nations,

662
New York in 1985. [Tetley, Glossary of

Conflict of Laws, 2004]. Unconstitutional act. It is not a law; it
confers no rights; it imposes no duties;
Unclaimed balances. They include it affords no protection; it creates no
credits or deposits of money, bullion, office; it is, in legal contemplation,
security or other evidence of inoperative, as if it had not been
indebtedness of any kind, and interest passed. It is therefore stricken from the
thereon with banks, buildings and loan statute books and considered never to
associations, and trust corporations in have existed at all. Not only the parties
favor of any person known to be dead but all persons are bound by the
or who has not made further deposits or declaration of unconstitutionality which
withdrawals during the preceding ten means that no one may thereafter
years or more. Such unclaimed invoke it nor may the courts be
balances, together with the increase and permitted to apply it in subsequent
proceeds thereof, shall be deposited cases. It is, in other words, a total
with the Treasurer of the Philippines to nullity. [Norton v. Shellby, 118 US 425,
the credit of the Government of the cited in Cruz, Phil. Pol. Law, 1987 ed.,
Republic of the Philippines to be used as pp. 233-234].
the (Congress) may direct. [Sec. 1, Act
3936, as amended]. Uncontrollable fear. A real, imminent,
or reasonable fear for one's life or limb
Unclean or dirty hands. (a) Maxim that and should not be speculative, fanciful,
a party whose actions cause the other or remote fear. [People. v. Quilloy, GR
party to breach, may not complain. (b) L-2313, Jan. 10, 1951, 88 Phil. 53].
When the plaintiff took inappropriate
steps in attempting to recoup a loss Uncontrollable fear of an equal or
prior to bringing a claim. [Intl. Law Dict. greater injury. Requisites: For this
& Direct., 2004]. More precisely exempting circumstance to be invoked
Coming to court with unclean successfully, the following requisites
hands. must concur: (a) existence of an
uncontrollable fear; (b) the fear must be
UNCLOS. United Nations Convention on real and imminent; and (c) the fear of
the Law of the Sea. Signed on 10 Dec. an injury is greater than or at least
1982 at Montego Bay, Jamaica, it seeks equal to that committed. [People v.
to establish a legal order for the seas Petenia, GR L-51256. Aug. 12, 1986].
and oceans to promote their peaceful
use, equitable and efficient utilization of Uncounselled admission. See Fruits
resources and protect and preserve the of the poisonous tree.
marine environment.
Underfilling or Underdelivery. A sale,
Unconditional promise or order to transfer, delivery or filling of petroleum
pay. An unqualified promise within the products of a quantity that is actually
meaning of the Negotiable Instruments beyond authorized limits than the
Law though coupled with: (a) an quantity indicated or registered on the
indication of a particular fund out of metering device of container. This
which reimbursement is to be made or a refers, among others, to the quantity of
particular account to be debited with the petroleum retail outlets or to liquefied
amount; or (b) a statement of the petroleum gas in cylinder or to lube oils
transaction which gives rise to the in packages. [Sec. 2, PD 1865].
instrument. But an order or promise to
pay out of a particular fund is not Underprivileged and homeless
unconditional. [Sec. 3, NIL]. citizens. The beneficiaries of RA 7279
and to individuals or families residing in
Unconscionability. An absence of urban and urbanizable areas whose
meaningful choice on the part of one of income or combined household income
the parties to a contract, and contract falls within the poverty threshold as
terms which are unreasonably favorable defined by the NEDA and who do not
to the other party. [Jurists Legal Dict., own housing facilities. This shall include
2004]. those who live in makeshift dwelling

663
units and do not enjoy security of taking improper advantage of his power
tenure. [Sec. 3, RA 7279]. over the will of another, depriving the
latter of a reasonable freedom of choice.
Underrun. The deficiency in the quantity The following circumstances shall be
ordered. [IRR on Supply & Prop. Mgt., considered: the confidential, family,
per Sec. 383, LGC]. spiritual and other relations between the
parties, or the fact that the person
Undertaker. Person who practices alleged to have been unduly influenced
undertaking. [Sec. 89, PD 856]. was suffering from mental weakness, or
was ignorant or in financial distress.
Undertaking. The care, transport and [Claridades, A., Compilation of Notes,
disposal of the body of a deceased 2001-2006]. 3. As used in connection
person by any means other than with the law of wills, it may be defined
embalming. [Sec. 89, PD 856]. as that which compels the testator to do
that which is against the will from fear,
Underwriter. 1. A person who the desire of peace, or from other
guarantees on a firm commitment feeling which he is unable to resist.
and/or declared best effort basis the [Torres and Lopez de Bueno v. Lopez
distribution and sale of securities of any (48 Phil., 772)].
kind by another company. [Sec. 3, RA
8799]. 2. Any person who has Undue influence to vitiate con-sent.
purchased from an issuer with a view to, There is undue influence when a person
or sells for an issuer in connection with, takes improper advantage of his power
the distribution of any security or over the will of another, depriving the
participates or has a direct or indirect latter of a reasonable freedom of choice.
participation in any such undertaking, or [Art. 1337, CC].
participates or has a participation in the
direct or indirect underwriting of any Undue injury. An injury more than
such undertaking; but such term shall necessary, excessive, improper or
not include a person whose interest is illegal. [Jacinto v. Sandiganbayan, GR
limited to a commission from an 84571. Oct. 2, 1989, citing Black's Law
underwriter or dealer not in excess of Dict., 5th Ed., p. 1370].
the usual and customary distributor's or
seller's commission. [Sec. 3, RA 2629]. Unemployed. The term refers only to
those who are without or are separated
Underwriting. The act or process of from employment, and does not include
guaranteeing the distribution and sale of instances when an employee is not
securities of any kind issued by another actually working, as during the period of
corporation. [Sec. 3, PD 129]. his illness. [Canovas v. Batangas
Transportation Co., GR L-19868. Mar.
Undue. More than necessary; not proper; 31, 1965, citing Sec. 14, RA 1161, as
illegal. [Pecho v. Sandiganbayan, GR amended].
111399. Nov. 14, 1994, citing Black's
Law Dict., 5th Ed., 1370]. Unenforceable contract. A con-tract
which cannot be sued upon or enforced
Undue influence. 1. Any means in court unless it is ratified. [Diaz, Bus.
employed upon a party which, under the Law Rev., 1991 Ed., p. 93].
circumstances, he could not well resist,
and which controlled his volition and Unenforceable contract. Kinds: The
induced him to give his consent to the following contracts are unenforceable,
contract, which otherwise he would not unless they are ratified: (a) Those
have entered into. It must, in some entered into in the name of another
measure, destroy the free agency of a person by one who has been given no
party and interfere with the exercise of authority or legal representation, or who
that independent discretion which is has acted beyond his powers; (b) those
necessary for determining the that do not comply with the Statute of
advantage or disadvantage of a Frauds; and (c) those where both
proposed contract. [Sierra v. CA, GR parties are incapable of giving consent
90270. July 24, 1992]. 2. A persons to a contract. [Art. 1403, CC].

664
partially guaranteed by a bond; or by

Unfair competition. Comm. Law. 1. The denying having received such money,
employment of deception or any other goods, or other property; or (c) By
means contrary to good faith by which a taking undue advantage of the signature
person shall pass off the goods of the offended party in blank, and by
manufactured by him or in which he writing any document above such
deals, or his business, or services, for signature in blank, to the prejudice of
those of another who has already the offended party or of any third
established goodwill for his similar person. [Art. 315, RPC].
goods, business or services, or any acts
calculated to produce the same result. Unforeclosed equity of redemption.
[Sec. 29, RA 166, as amended]. 2. Crim. The equity of redemption retained by
Law. The felony committed by any subsequent or junior lien-holders if they
person who, in unfair competition and be not joined in the foreclosure action,
for the purposes of deceiving or the judgment in the mortgagor's favor
defrauding another of his legitimate being ineffective as to them, and in that
trade or the public in general, shall sell case, a separate foreclosure proceeding
his goods giving them the general should be brought to require them to
appearance of goods of another redeem from the first mortgagee, or the
manufacturer or dealer, either as to the party acquiring title to the mortgaged
goods themselves, or in the wrapping of property at the foreclosure sale, within
the packages in which they are 90 days, the period fixed in Sec. 2, Rule
contained or the device or words 68 of the Rev. Rules of Court for the
thereon or in any other features of their mortgagor himself to redeem. [Limpin v.
appearance which would be likely to IAC, GR L-70987. Sep. 29, 1988].
induce the public to believe that the
goods offered are those of a Ungathered fruits. Fruits already
manufacturer or dealer other than the matured at the time of the termination
actual manufacturer or dealer or shall of the usufruct, which ordinarily would
give other persons a chance or have already been gathered by the
opportunity to do the same with a like usufructuary, but which remain
purpose. [Art. 189, RPC]. ungathered for no fault imputable to
him, but because of malice or an act
Unfair labor practice. 1. Any un-fair imputable to the naked owner or a third
labor practice as expressly defined in person, or even due to force majeure or
the Labor Code. [Sec. 1, Rule 1, Book 5, fortuitous event. [Tolentino, Civil Code
IRR of LC]. 2. Actions by the employer of the Phil., Vol. II, Repr. 2001, p. 323].
which interfere with, restrain, coerce, or
threaten employees with respect to their Uniform Currency Law. RA 529 entitled
rights. [Glossary of Legal Terms (Pro- An Act to assure uniform value to
Se), 2004]. Philippine coin and currency enacted on
June 16, 1950, as amended by RA 4100
Unfaithfulness or abuse of on June 19, 1964. Repealed by RA 8183
confidence. In the crime of estafa or enacted on June 11, 1996.
swindling, the act committed: (a) By
altering the substance, quantity, or Uniformity in taxation. 1. The rule
quality or anything of value which the applies to property of the life kind and
offender shall deliver by virtue of an character and similarly situated, and a
obligation to do so, even though such tax, in order to be uniform, must
obligation be based on an immoral or operate alike on all persons, things, or
illegal consideration; (b) By property, similarly situated. So the
misappropriating or converting, to the requirement is complied with when the
prejudice of another, money, goods, or tax is levied equally uniformly on all
any other personal property received by subjects of the same class and kind and
the offender in trust or on commission, is violated if particular kinds, species, or
or for administration, or under any other items of property are selected to bear
obligation involving the duty to make the whole burden of the tax, while
delivery of or to return the same, even others, which should be equally
though such obligation be totally or subjected to it, are left untaxed.

665
[Villanueva v. City of Iloilo, GR L-26521. intentionally exerted; and (d) that as a

Dec. 28, 1968, citing CJS 79]. 2. That result of the violence the foetus dies,
principle by which all taxable articles or either in the womb or after having been
kinds of property of the same class shall expelled therefrom. [People v.
be taxed at the same rate [Churchill v. Salufrania, GR L-50884. Mar. 30, 1988].
Concepcion, 34 Phil. 969 (1916)].
Union. An organization of workers
Unilateral contract. An agreement by formed for the purpose of collective
which one undertakes an express bargaining. [Glossary of Legal Terms
performance without receiving any (Pro-Se), 2004].
express promise of performance from
the other. [Glossary of Legal Terms Union accounts examiners. Officials in
(Pro-Se), 2004]. the Bureau of Labor Relations or the
Industrial Relations Division in the
Unilateral promise to sell. An offer DOLE-Regional Office empowered to
which, although accepted but is not audit books of accounts of the union.
supported by any consideration distinct [Sec. 1, Rule 1, Book 5, IRR of LC].
from the price, does not produce a
binding and enforceable contract of Union shop. Labor. An agreement under
sale. The offer in this case, as well as which the workers are not required to
the acceptance, both lack a most be union members when hired; but to
essential element the manner of maintain continued employment, they
payment of the purchase price. Hence, must continue to pay union dues and
the offer to sell may be withdrawn must become union members also after
without the offer or committing any some time. [Poquiz, Labor Rel. Law,
breach of contract. [Navarro v. Sugar 1999 Ed. p. 157, citing Beal and
Producers Cooperative, GR L-12888. Wickersham, The Practice of Collective
Apr. 29, 1961]. Bargaining, pp. 242-243].
Unilateral promise to buy or to sell a Unissued capital stock. That portion of

determinate thing for a price the capital stock that is not issued or
certain. An offer. [Equatorial Realty v. subscribed. It does not vote and draws
Mayfair Theater, GR 106063. Nov. 21, no dividends. [De Leon, Corp. Code of
1996]. the Phil. Annotated, 1989 Ed., p. 53].
Uninhabited place or despoblado. The Unit. 1. A value, quantity or magnitude,

term refers not to the distance of the in terms of which other values,
nearest house to the locus criminis. The quantities or magnitudes are expressed.
more important consideration is whether [Sec. 4, BP 8]. 2. A part of the
the place of commission affords a condominium project intended for any
reasonable possibility for the victim to type of independent use or ownership,
receive some help. [People v. Desalisa, including one or more rooms or spaces
GR 95262, Jan. 4, 1994, 229 SCRA 35]. located in one or more floors (or part or
It must be established that solitude was parts of floors) in a building or buildings
purposely sought or taken advantage of and such accessories as may be
to facilitate the commission of the appended thereto. [Sec. 3, RA 4726]. 3.
crime. [People v. Cabiles, GR 113785. A part of the condominium property
Sep. 14, 1995, citing Art. 14 (6), RPC] which is to be subject to private
ownership. [GOAL, Inc. v. CA, GR
Unintentional abortion. Crim. Law. The 118822. July 28, 1997]. Compare with
felony committed by any person who Common areas and facilities.
shall cause an abortion by violence, but
unintentionally. [Art. 257, RPC]. United Nations (UN).
Intergovernmental organization
Unintentional abortion. Elements: (a) established in 1945 as the successor to
That there is a pregnant woman; (b) the League of Nations. It is concerned
that violence is used upon such with the maintenance of international
pregnant woman without intending an peace and security. The UN's principal
abortion. (c) that the violence is organs are the General Assembly,

666
Security Council, Secretariat, Universal law. Law so fundamental or

International Court of Justice, Economic basic that it is binding upon all states
and Social Council, and the Trusteeship whether they have individually
Council. Its headquarters is in New York consented to it or not. [Intl. Law Dict. &
City. [Intl. Law Dict. & Direct., 2004]. Direct., 2004].
United Nations charter. Multilateral Universal partnership. A partnership

treaty signed on June 26, 1945, and in which may refer to all the present
force from Oct. 24, 1945. It is the property or to all the profits. [Art. 1777,
constitution of the United Nations, an CCC]. Compare with Particular
intergovernmental organization. The partnership.
Charter defines the organization's
structure, its authority, and its goals. Universal partnership of all present
[Intl. Law Dict. & Direct., 2004]. property. A partnership in which the
partners contribute all the property
United Nations Commission on which actually belongs to them to a
International Trade Law. See common fund, with the intention of
UNCITRAL. dividing the same among themselves, as
well as all the profits which they may
United Nations Convention on the acquire therewith. [Art. 1778, CC].
Law of the Sea. See UNCLOS.
Universal partnership of profits. A
Unit operation. The physical operation partnership which comprises all that the
by which a desired step in an industrial partners may acquire by their industry
process is conducted or controlled. [Sec. or work during the existence of the
3, RA 9267]. partnership. [Art. 1780, CCC].
Unit process. The chemical change Universal title. Succ. All the properties
which is involved in the manufacture of of the inheritance or a certain
industrial or consumer products or the indeterminate or aliquot part thereof.
treatment of industrial or chemical [Moreno's Phil. Law Dict., 2nd Ed., p.
wastes. [Sec. 3, RA 9267]. 483].
Units of property. Those items of Unjust enrichment. 1. The transfer of

property which when retired, with or value without just cause or
without replacement, are accounted for consideration. The transfer is usually
by crediting the book cost thereof to the made in accordance with law, but the
property account in which included. determining factor is the lack of cause
[Sec. 5, RA 2321]. or consideration. The elements of this
doctrine are: enrichment on the part of
Unity of object. Succ. It means that two the defendant; impoverishment on the
or more persons must be called to the part of the plaintiff; and lack of cause.
same inheritance, legacy or devise, or to The main objective is to prevent that
the same portion thereof, pro indiviso. one may enrich himself at the expense
[Jurado, Comments & Jurisp. on of another. If this situation is obtained,
Succession, 1991 8th Ed., p. 459]. equity steps in to protect the one
Compare with Plurality of subjects. prejudiced. [Ponce de Leon v. Syjuco,
GR L-3316. Oct. 31, 1951]. 2. A legal
Universal electricity charge. The procedure whereby a person can seek
charge, if any, imposed for the recovery reimbursement from another who
of the stranded cost (of electricity) and benefited from the formers action or
other purposes. [Sec. 4, RA 9136]. property without legal justification.
There are said to be three conditions
Universality principle. Intl. Law. which must be met before one can get a
Doctrine that a court has criminal court to force reimbursement based on
jurisdiction if the forum state has the unjust enrichment: an actual enrichment
defendant in custody. [Intl. Law Dict. & or benefit to the defendant, a
Direct., 2004]. corresponding deprivation to the
plaintiff, and the absence of a legal

667
reason for the defendant's enrichment. (d) plunder under RA 7080, as

[Duhaime's Legal Dict., 2004]. amended; (e) robbery and extortion
under Art. 294, 295, 296, 299, 300, 301
Unjust enrichment maxim. The maxim and 302 of the Rev. Penal Code, as
that states that no person should amended; (f) jueteng and masiao
enrich himself at the expense of or punished as illegal gambling under PD
prejudice of others. [Rep. v. CA, GR L- 1602; (g) piracy on the high seas under
31303-04. May 31, 1978]. the Rev. Penal Code, as amended and
PD 532; (h) qualified theft under, Art.
Unjust interlocutory order. Crim. Law. 310 of the Rev. Penal Code, as
The felony committed by any judge who amended; (i) swindling under Art. 315
shall knowingly render an unjust of the Rev. Penal Code, as amended; (j)
interlocutory order or decree or who smuggling under RAs 455 and 1937; (k)
shall have acted by reason of violations under RA 8792, otherwise
inexcusable negligence or ignorance and known as the Electronic Commerce Act
the interlocutory order or decree be of 2000; (l) hijacking and other
manifestly unjust. [Art. 206, RPC]. violations under RA 6235; destructive
arson and murder, as defined under the
Unjust judgment. 1. A judgment which Rev. Penal Code, as amended, including
is contrary to law or is not supported by those perpetrated by terrorists against
the evidence, or both. [Dela Cruz v. non-combatant persons and similar
Concepcion, AM RTJ-93-1062. Aug. 25, targets; (m) fraudulent practices and
1994]. 2. One contrary to the standards other violations under RA 8799,
of right and justice or standards of otherwise known as the Securities
conduct prescribed by the law. Regulation Code of 2000; (n) felonies or
[Buenavista v. Garcia, AM RTJ-88-246. offenses of a similar nature that are
July 19, 1990]. punishable under the penal laws of
other countries. [Sec. 3, RA 9160].
Unjustly convicted. The phrase has the
same meaning as "knowingly rendering Unlawful aggression. 1. An actual,
an unjust judgment in Art. 204 of the sudden and unexpected attack, or an
Rev. Penal Code. [Basbacio v. Drilon, GR imminent danger thereof, and not
109445. Nov. 7, 1994]. merely a threatening or intimidating
attitude. There must exist a real danger
Unjust vexation. Any act committed to the life or personal safety of the
without violence but which unjustifiably person claiming self-defense. [People v.
annoys or vexes an innocent person. As Boniao, 217 SCRA 653]. 2. As an
a punishable act, it should include any indispensable element of self-defense,
human conduct which, although not an assault or attack, or a threat thereof
productive of some physical or material in an imminent and immediate manner,
harm would, however, unjustifiably which places the accused's life in actual
annoy or vex an innocent person. peril. It is an offensive act positively
[Gregorio, Fund. of Crim. Law Rev., strong and determinative of the
1997 9th Ed., p. 695, citing People v. aggressor's intent to cause harm or
Cayason, CA GR 04787-CR, Apr. 10, injury. It presupposes material attack
1965]. which is impending or at the point of
happening, and not merely an
Unlawful activity. Anti-Money intimidating attitude or stance. [People
Laundering Act of 2001 (RA 9160). Any v. Ganzagan, GR L-113793. Aug. 11,
act or omission or series or combination 1995]. 3. An assault or attack, or a
thereof involving or having relation to threat thereof in an imminent and
the following: (a) Kidnapping for ransom immediate manner, which places the
under Art. 267 of the RPC, as amended; accused's life in actual peril. [People v.
(b) Sec. 3, 4, 5, 7, 8 and 9 of Art. 2 of Ganzagan, GR L-113793. Aug. 11, 1995,
RA 6425, as amended, otherwise known citing Moreno, Phil. Law Dict., 3rd Ed.
as the Dangerous Drugs Act of 1972; (c) (1982)].
Sec. 3 par. B, C, E, G, H and I of RA
3019, as amended; otherwise known as Unlawful appointments. Crim. Law.
the Anti-Graft and Corrupt Practices Act; The felony committed by any public

668
officer who shall knowingly nominate or act punished by law; (c) any person
appoint to any public office any person who shall maliciously publish or cause to
lacking the legal qualifications therefore. be published any official resolution or
[Art. 244, RPC]. document without proper authority, or
before they have been published
Unlawful arrest. Crim. Law. The felony officially; or (d) any person who shall
committed by any person who, in any print, publish, or distribute or cause to
case other than those authorized by be printed, published, or distributed
law, or without reasonable ground books, pamphlets, periodicals, or leaflets
therefor, shall arrest or detain another which do not bear the real printer's
for the purpose of delivering him to the name, or which are classified as
proper authorities. [Art. 269, RPC]. anonymous. [Art. 154, RPC].
Unlawful detainer. 1. The act of Unliquidated damages or claims.

unlawfully withholding the possession of Those which are not or cannot be
the land or building against or from a known until definitely ascertained,
landlord, vendor or vendee or other assessed and determined by the courts
person after the expiration or after presentation of proof. [Central
termination of the detainer's right to Azucarera de Bais v. CA, GR 87597.
hold possession by virtue of a contract Aug. 3, 1990].
express or implied. [Commander Realty
v. CA, GR L-77227. May 9, 1988]. 2. Unliquidated debt. Remaining not
Withholding by a person from another determined; unassessed or unsettled; in
for not more than one year, of the dispute as to the proper amount.
possession of a land or building to which [Glossary of Legal Terms (Pro-Se),
the latter is entitled after the expiration 2004].
or termination of the former's right to
hold possession by virtue of a contract Unnecessary expenditures.
express or implied. [Sps. Medina and Expenditures not supportive of the
Bernal v. Valdellon, 63 SCRA 282 implementation of the objectives and
(1975)]. Also known as Illegal mission of the agency relative to the
detainer. nature of its operation. This could also
include incurrence of expenditure not
Unlawful entry. An entrance effected by dictated by the demands of good
a way not intended for the purpose. government, and those the utility of
[Art. 14 (18), RPC]. which cannot be ascertained at a
specific time. An expenditure that is not
Unlawful taking. Appropriating a thing essential or that which can be dispensed
belonging to another and placing it with without loss or damage to property
under ones control or possession. In is considered unnecessary. [COA
the asportation, the intent to return the Circular No. 88-55-A, dated 08 Sep.
thing taken is not present. [Gregorio, 1985].
Fund. of Crim. Law Rev., 1997 9th Ed.,
p. 704]. Unorganized establishment.
Establishment where there exists no
Unlawful use of means of publication certified bargaining agent. [ALU v.
and unlawful utterances. Crim. Law. Calleja, GR 82260, July 19, 1989, 175
The felony committed by: (a) any SCRA 490].
person who by means of printing,
lithography, or any other means of Unpaid seller. The seller of goods who is
publication shall publish or cause to be deemed to be an unpaid seller: (a)
published as news any false news which when the whole of the price has not
may endanger the public order, or cause been paid or tendered; or (b) when a
damage to the interest or credit of the bill of exchange or other negotiable
State; (b) any person who by the same instrument has been received as
means, or by words, utterances or conditional payment, and the condition
speeches shall encourage disobedience on which it was received has been
to the law or to the constituted broken by reason of the dishonor of the
authorities or praise, justify, or extol any

669
instrument, the insolvency of the buyer, performance by such educational

or otherwise. [Art. 1525, CC]. institution or hospital of its primary
purpose or function. [Sec. 27, NIRC, as
Unpaid seller, rights of. (a) A lien on amended].
the goods or right to retain them for the
price while he is in possession of them; Unsecured debts. In bankruptcy, debts
(b) in case of the insolvency of the such as open accounts at department
buyer, a right of stopping the goods in stores for which the debtor has not
transitu after he has parted with the pledged collateral to guarantee
possession of them; (c) a right of payment. [Glossary of Legal Terms (Pro-
resale; (d) a right to rescind the sale. Se), 2004].
Where the ownership in the goods has
not passed to the buyer, the unpaid Unserviceable property. A property
seller has, in addition to his other that is not operational. It may be
remedies a right of withholding delivery economically repairable or beyond
similar to and coextensive with his rights economical repair. [IRR on Supply &
of lien and stoppage in transitu where Prop. Mgt., per Sec. 383, LGC].
the ownership has passed to the buyer.
[Art. 1526, CC]. Unsolicited appearance. (The act of)
willfully appearing as an attorney for a
Unpatented mineral lands. Those party to a case without authority so to
lands which were located as mining do. [Porac Trucking v. CA, GR 81093.
claims under the provisions of the Oct. 15, 1991].
Philippine Bill of 1902 but are not yet
covered by a mineral patent. [Sec. 18, Unwarranted. Lacking adequate or
PD 464]. official support; unjustified;
unauthorized. [Gallego v.
Unprocessed food. Food that has not Sandiganbayan, GR L-57841. July 30,
undergone any treatment that results in 1982, citing Webster, 3rd New Intl. Dict.,
substantial change in the original state p. 2514)
even if it may have been divided boned,
skinned, peeled, ground, cut cleaned, Unwilling co-plaintiff. Any party who
trimmed, fresh-frozen or chilled. [Sec. 3, should be joined as plaintiff but whose
RA 8976]. consent cannot be obtained may be
made a defendant and the reason
Unregistered or abandoned lands. therefor shall be stated in the complaint.
Lands in urban and urbanizable areas [Sec. 10, Rule 3, RoC].
which are not registered with the
Register of Deeds, or with the city or Unwritten constitution. It consists of
municipal assessor's office concerned, or rules which have not been integrated
which are uninhabited by the owner and into a single, concrete form but are
have not been developed or devoted for scattered in various sources, such as
any useful purpose, or appears statutes of a fundamental character,
unutilized for a period of three (3) judicial decisions, commentaries of
consecutive years immediately prior to publicists, customs and traditions, and
the issuance and receipt of publication certain common law principles. [Cruz,
of notice of acquisition by the Constl. Law, 1998 Ed., p. 4-5]. Compare
Government as provided under the law. with Written constitution.
It does not include land which has been
abandoned by reason of force majeure Unwritten law. Law in common-law
or any other fortuitous event: Provided, countries which grew out of custom and
That prior to such event, such land was which, without having been reduced to
previously used for some useful or writing in the beginning, were handed
economic purpose. down by tradition from one generation
to another, and accepted by them as
Unrelated trade, business or other the law. [Francisco, Evidence, Vol. VII,
activity. Any trade, business or other Part 1, 1997 Ed., pp. 725-726].
activity, the conduct of which is not
substantially related to the exercise or

670
Updating. Training to improve the

performance of people in their Urban lands. Lands which conform to
occupation in respect to modern any of the following criteria: (a) In their
developments; new materials, tools, entirety, all cities and municipalities
processes. [Sec. 1, Rule 1, Book 2, IRR which have the population density of at
of LC]. least 1,000 persons per square
kilometer and where at least 50 percent
Upgrading. Training for supplementary of the economically active population
skills and knowledge in order to increase are engaged in non-agricultural
the versatility and occupational mobility activities; (b) All barangays comprising
of a worker or to improve his standard the former poblacion or barangays
of performance. [Sec. 1, Rule 1, Book 2, including a part of the former poblacion
IRR of LC]. of cities or municipalities which have a
population density of greater than 500
Upland farming. Planting of up-land but less than 1,000 persons per square
crops which usually require less water kilometer; and where at least 50 percent
than other crops, as in non-irrigated and of the economically active population
elevated farm areas. [Sec. 4, RA 7607]. engaged in non-agricultural activities;
(c) All barangays not included in items
Urban. A city or town. [Glossary of Legal (a) and (b) above which have a
Terms (Pro-Se), 2004]. population size of at least 1,000 and
where at least 50 percent of the
Urban areas. All cities regardless of their economically active population are
population density and to municipalities engaged in non-agricultural activities.
with a population density of at least five [Sec. 3, PD 1517].
hundred (500) persons per square
kilometers. [Sec. 3, RA 7279]. Urban poor. Individuals or families
residing in urban centers and urbanizing
Urban Development and Housing Act areas whose income or combined
of 1992. RA 7279 entitled An Act to household income falls below the
provide for a comprehensive and poverty threshold as defined by the
continuing urban development and NEDA and/or cannot afford in a
housing program, establish the sustained manner to provide their
mechanism for its implementation, and minimum basic needs of food, health,
for other purposes enacted on March education, housing and other essential
24, 1992. amenities of life. [Sec. 3, RA 8425].
Urbanizable areas. Sites and lands Uremia. A toxic clinical condition

which, considering present characterized by restlessness, muscular
characteristics and prevailing conditions, twitchings, mental disturbance, nausea,
display marked and great potential of and vomiting associated with renal
becoming urban areas within the period insufficiency brought about by the
of five (5) years. [Sec. 3, RA 72797]. retention in blood of nitrogeneous
urinary waste products. One of its
Urbanizable lands. Sites and land areas causes is the obstruction in the flow of
which, considering present urinary waste products. [Narazo v. ECC,
characteristics and prevailing conditions, GR 80157. Feb. 6, 1990].
display a marked and high probability of
becoming urban lands within the period Ureterolithiasis. The presence of stone
of five to ten years. [Sec. 3, PD 1517]. in the ureter. This stone originates from
the kidney and are carried down to the
Urban Land Reform Act or Law. PD ureter by urine flow. [Chavez v. ECC, GR
1517 entitled Proclaiming urban land L-61931. Mar. 31, 1987].
reform in the Philippines and providing
for the implementing machinery thereof Usage. The customary method of
and signed into law on June 11, 1978. performing or carrying out an activity
that is followed by a particular group of
Urban land reform zones. See Areas people, such as people within a
for priority development.

671
particular trade. [Intl. Law Dict. & and industry to ensure that appropriate
Direct., 2004]. skills and knowledge are provided by
the educational system. [Sec. 3, RA
Use. The act of injecting, intravenously or 7796].
intramuscularly, or of consuming, either
by chewing, smoking, sniffing, eating, Using false certificates. Crim. Law. The
swallowing, drinking, or otherwise felony committed by any one who shall
introducing into the physiological system knowingly use any of the false
of the body, any of the dangerous certificates mentioned in Art. 174 of the
drugs. [Sec. 2, RA 6425]. Rev. Penal Code. [Art. 175, RPC].
Used secondhand article. Any goods, Using fictitious name and concealing
article, item, object or anything of value true name. Crim. Law. The felony
obtained from an unlicensed dealer or committed by any person who shall
supplier, regardless of whether the publicly use a fictitious name for the
same has actually or in fact been used. purpose of concealing a crime, evading
[IRR, Sec. 6, PD 1612]. the execution of a judgment or causing
damage, or by any person who conceals
Useful expenses. Those incurred for the his true name and other personal
enhancement of the utility or circumstances. [Art. 178, RPC].
productivity of the property. [Ortiz v.
Kayanan, GR L-32974. July 30, 1979, Using forged signature or counterfeit
citing IV Manresa, 1951 Ed., pp. 316- seal or stamp. Crim. Law. The felony
318]. Compare with Necessary committed by any person who shall
expenses. knowingly make use of the counterfeit
seal or forged signature or stamp
Use of dangerous drug. The act of mentioned in Art. 161 of the Rev. Penal
injecting, intravenously or Code. [Art. 162, RPC].
intramuscularly, or of consuming, either
by chewing, smoking, sniffing, eating, Usufruct. 1. A right to enjoy the property
swallowing, drinking, or otherwise of another with the obligation of
introducing into the physiological system preserving its form and substance,
of the body, any of the dangerous unless the title constituting it or the law
drugs. [Sec. 2, RA 6425]. otherwise provides. [Art. 562, CC]. 2.
The right to enjoy the property of
Use of falsified documents. Crim. Law. another with the obligation of
The felony committed by any person preserving its form and substance. (Jus
who shall knowingly introduce in alienis rebus utendi fruendi salva rerum
evidence in any judicial proceeding or to substantia.) [Barretto v. Tuason, GR
the damage of another or who, with the 23923. Mar. 23, 1926]. 3. The rights to
intent to cause such damage, shall use the product of another's property. For
any of the false documents embraced in example, a farmer may give a right of
Art. 171, or in any of the subdivisions of usufruct of his land to a neighbor, thus
Art. 172 of the Rev. Penal Code. [Art. enabling that neighbor to sow and reap
172, RPC]. the harvest of that land. [Duhaime's
Legal Dict., 2004].
Use immunity. Immunity which prohibits
use of witness' compelled testimony and Usufruct, how extinguished. (a) By
its fruits in any manner in connection the death of the usufructuary, unless a
with the criminal prosecution of the contrary intention clearly appears; (b)
witness. [Galman v. Pamaran, GR by the expiration of the period for which
71208-09. Aug. 30, 1985, citing Black it was constituted, or by the fulfillment
Law Dict., 5th Ed., 1979]. Compare with of any resolutory condition provided in
Transactional immunity. the title creating the usufruct; (c) by
merger of the usufruct and ownership in
User-Led strategy. Also Market- the same person; (d) by renunciation of
driven strategy. A strategy which the usufructuary; (e) by the total loss of
promotes strengthened linkages the thing in usufruct; (f) by the
between educational/training institutions termination of the right of the person

672
constituting the usufruct; (g) by execution of any order or decision

prescription. [Art. 603, CC]. rendered by any judge within his
jurisdiction. [Muez v. Ario, AM MTJ-
Usurer. One who lends money at a rate 94-985. Feb. 21, 1995].
of interest greater than that established
by law. [Martin, Commentaries and Usurpation of judicial functions. Crim.
Jurisp. on Comml. Laws, Vol. 1, 1988 Law. The felony committed by any
Rev. Ed., p. 413]. officer of the executive branch of the
Government who shall assume judicial
Usurious contract. One which stipulates powers or shall obstruct the execution
for the payment of more than lawful of any order or decision rendered by
interest for the use of money, or any judge within its jurisdiction. [Art.
forbearance of a debt. [Martin, 241, RPC].
Laws, Vol. 1, 1988 Rev. Ed., p. 413]. Usurpation of legislative powers.
Usurious interest. That which is paid or public officer who shall encroach upon
stipulated to be paid beyond the rate of the powers of the legislative branch of
interest established by law. [Martin, the Government, either by making
Commentaries and Jurisp. on Comml. general rules or regulations beyond the
Laws, Vol. 1, 1988 Rev. Ed., p. 415]. scope of his authority, or by attempting
to repeal a law or suspending the
Usurpation of authority. Also execution thereof. [Art. 239, RPC].
Usurpation of official functions.
Crim. Law. The felony committed by any Usurpation of name. It implies some
person who shall knowingly and falsely injury to the interests of the owner of
represent himself to be an officer, agent the name. It consists in the possibility of
or representative of any department or confusion of identity between the owner
agency of the Philippine Government or and the usurper. It exists when a person
of any foreign government, or who, designates himself by another name.
under pre-tense of official position, shall [Tolentino v. CA, GR L-41427. June 10,
perform any act pertaining to any 1988].
person in authority or public officer of
the Philippine Government or any Usurpation of name. Elements: (a)
foreign government, or any agency There is an actual use of another's
thereof, without being lawfully entitled name by the defendant; (b) the use is
to do so. [Art. 177, RPC]. unauthorized; and (c) the use of
another's name is to designate
Usurpation of civil status. Crim. Law. personality or identify a person.
The felony committed by any person [Tolentino v. CA, GR L-41427. June 10,
who shall usurp the civil status of 1988].
another, whether or not he should do so
for the purpose of defrauding the Usurpation of official functions. See
offended part or his heirs. [Art. 348, Usurpation of authority.
RPC].
Usury. 1. Contracting for or receiving
Usurpation of executive functions. something in excess of the amount
Crim. Law. The felony committed by any allowed by law for the loan or
judge who shall assume any power forbearance of money, goods or
pertaining to the executive authorities, chattels. [Tolentino v. Gonzales, 50 Phil.
or shall obstruct the latter in the lawful 558 (1927)]. 2. That rate of interest
exercise of their powers. [Art. 240, charged for the loan of money which is
RPC]. in excess of the rate authorized by law.
Usurpation of judicial authority. 355]. 3. Extraction of interest on a loan
Elements: (a) That the offender is an above the maximum rate permitted by
officer of the executive branch of the statute. [Glossary of Legal Terms (Pro-
government; and (b) that he assumes Se), 2004]. 4. Excessive or illegal
judicial powers, or obstructs the

673
interest rate. [Duhaime's Legal Dict., statute its every word. [Tamayo v.
2004]. Gsell, 35 Phil. 953, 980]. 2. That the
thing may rather have effect than be
Usury. Elements: (a) A loan, express or destroyed. [JMM Promotions &
implied; (b) an understanding between Management v. NLRC, GR 109835. Nov.
the parties that the money lent shall or 22, 1993, citing Simonds v. Walker, 100
may be returned; (c) that for such loan Mass. 113]. 3. A law should be
a greater rate or interest that is allowed interpreted with a view of upholding
by law shall be paid, or agreed to be rather than destroying it. From this
paid, as the case may be; and (d) a principle arises the rule that in
corrupt intent to take more than the construing a statute, that interpretation
legal rate for the use of money loaned. is to be adopted which will give force
[Herrera v. Petrophil Corp., GR L-48349. and effect to every word, clause and
Dec. 29, 1986]. sentence of the enactment.
Usury Law. Act 2655, as amended, Uttering of coins. The circulation,

which took effect on May 1, 1916. It is passing of counterfeit coins. The act of
now legally inexistent because of giving away or delivering or passing to
Circular No. 905 of the Central Bank another counterfeit coins. [Gregorio,
adopted on Dec. 22, 1982 which has Fund. of Crim. Law Rev., 1997 9th Ed.,
expressly removed the interest ceilings p. 442].
prescribed by the Usury Law. [Torres,
Oblig. & Cont., 2000 Ed., p. 43].
Utang na loob. Tag. Gratitude which

renders a man beholden to another, a
sense of obligation which is valued as
highly as pride and honor. [In re:
Estrada, AM 87-9-3918-RTC. Oct. 26,
1987].
Utilization. 1. The extraction or -V-

disposition of minerals. [Sec. 3, RA
7942]. 2. The act of employing, Vacancy in the inheritance. Succ.
enjoying, applying, converting supplies Vacancy caused by any of the following:
or property for the purpose for which (a) predecease of one of the instituted
the same are acquired. [IRR on Supply heirs, legatees or devisees; (b)
& Prop. Mgt., per Sec. 383, LGC]. 3. All incapacity of one of the instituted heirs,
operations involved in the manufacture, legatees or devisees; (c) repudiation by
processing or conversion of raw corals one of the instituted heirs, legatees or
into finished products. [Sec. 3, PD devisees; (d) non-fulfillment of the
1219]. suspensive condition attached to the
institution of an heir or the designation
Utilization equipment. Energy- of a legatee or devisee; and (e) void or
consuming equipment including motors, ineffective testamentary dispositions.
heaters, furnaces, light sources and [Jurado, Comments & Jurisp. on
other devices which utilize electric Succession, 1991 8th Ed., p. 463].
energy, for any purpose. [Sec. 2, RA
7920]. Vacate. To set aside. [Glossary of Legal
Utilization review. A formal review of a
patient utilization or of the Vaginismus. Legal Med. Painful spasm of
appropriateness of health care services, the vagina during coitus. [Olarte, Legal
on a prospective, concurrent or Med., 1st Ed. (2004), p. 115].
retrospective basis. [Sec. 1, RA 9241].
Vagrant. 1. Any person having no
Ut res magis valeat quam pereat. Lat. apparent means of subsistence, who
1. That construction (is to be) sought has the physical ability to work and who
which gives effect to the whole of the neglects to apply himself or herself to

674
some lawful calling. [Sec. 1, Phil. enforcement or administration of a law,

Vagrancy Act (Act 519)]. 2. Any person it is essential that said law: (a) be
found loitering about public or semi- complete in itself, setting forth therein
public buildings or places or trampling or the policy to be executed, carried out or
wandering about the country or the implemented by the delegate; and (b)
streets without visible means of fix a standard - the limits of which are
support; 3. Any idle or dissolute person sufficiently determinate or determinable
who ledges in houses of ill fame; to which the delegate must conform in
ruffians or pimps and those who the performance of his functions.
habitually associate with prostitutes. 4. [Pelaez v. Auditor General, GR L-23825.
Any person who, not being included in Dec. 24, 1965].
the provisions of other articles of the
Rev. Penal Code, shall be found loitering Valid dismissal. Requisites: (a) The
in any inhabited or uninhabited place dismissal must be for any of the causes
belonging to another without any lawful expressed in Art. 282 of the Labor Code,
or justifiable purpose. [Art. 202, RPC]. and (b) the employee must be given an
5. A tramp or homeless person. opportunity to be heard and to defend
[Duhaime's Legal Dict., 2004]. himself. [Midas Touch Food Corp. v.
NLRC, GR 111639. July 29, 1996].
Vague statute or act. A statute or act
which lacks comprehensible standards Valid execution pending appeal.
that men of common intelligence must Requisites: (a) There must be a motion
necessarily guess at its meaning and by the prevailing party with notice to the
differ as to its application. It is adverse party; (b) there must be good
repugnant to the Constitution in two reasons for issuing execution; and (c)
respects: (a) it violates due process for the good reasons should be stated in a
failure to accord persons, especially the special order. [Sasan v. CA, GR L-77201.
parties targeted by it, fair notice of the Sep. 26, 1988].
conduct to avoid; and (b) it leaves law
enforcers unbridled discretion in Valid marriage. Essential requisites: (a)
carrying out its provisions and becomes Legal capacity of the contracting parties
an arbitrary flexing of the Government who must be a male and a female; and
muscle. [People v. Nazario, GR L-44143. (b) Consent freely given in the presence
Aug. 31, 1988]. of the solemnizing officer. [Art. 2, FC].
Valid consignation. Requisites: The Valid marriage. Formal requisites: (a)

debtor must show (a) that there was a Authority of the solemnizing officer; (b)
debt due; (b) that the consignation of a valid marriage license except in the
the obligation had been made because cases provided for in Chap. 2 of Title I
the creditor to whom tender of payment of the Family Code; and (c) a marriage
was made refused to accept it, or ceremony which takes place with the
because he was absent or incapacitated, appearance of the contracting parties
or because several persons claimed to before the solemnizing officer and their
be entitled to receive the amount due personal declaration that they take each
[Art 1176, CC]; (c) that previous notice other as husband and wife in the
of the consignation had been given to presence of not less than two witnesses
the person interested in the of legal age. [Art. 3, FC].
performance of the obligation [Art.
1177, CC]; (d) that the amount due was Valid retrenchment. Requisites: (a) The
placed at the disposal of the court and losses expected should be substantial
(e) that after the consignation had been and not merely de minimis in extent; (b)
made the person interested was notified the substantial losses apprehended
thereof. [Ponce de Leon v. Syjuco Inc., must be reasonably imminent; (c) the
90 Phil., 311]. retrenchment must be reasonably
necessary and likely to effectively
Valid delegation of power. Although present the expected losses; and (d) the
Congress may delegate to another alleged losses, if already incurred, and
branch of the Government the power to the expected imminent losses sought to
fill in the details in the execution, be forestalled, must be proved by

675
sufficient and convincing evidence.

[Catatista v. NLRC, 247 SCRA 46, Aug. Variable contract. Ins. Any policy or
3, 1995, citing the case of Lopez Sugar contract on either a group or on an
Corp. v. Federation of Free Workers, individual basis issued by an insurance
189 SCRA 179, Aug. 30, 1990]. company providing for benefits or other
contractual payments or values
Valid salvage claim. Necessary thereunder to vary so as to reflect
elements: (a) A marine peril; (b) service investment results of any segregated
voluntarily rendered when not required portfolio of investments or of a
as an existing duty or from a special designated separate account in which
contract; and (c) success in whole or in amounts received in connection with
part, or that the service rendered such contracts shall have been placed
contributed to such success. [Erlanger & and accounted for separately and apart
Galinger v. Swedish East Asiatic Co., from other investments and accounts.
Ltd., 34 Phil. 178]. [Sec. 232 (2), IC].
Valid search warrant. Requisites: (a) Variety. A plant grouping within a single
It must be issued upon probable botanical taxon of the lowest known
cause; (b) the probable cause must be rank, that without regard to whether the
determined by the judge himself and conditions for plant variety protection
not by the applicant or any other are fully met, can be defined by the
person; (c) in the determination of expression of the characteristics
probable cause, the judge must resulting from a given genotype or
examine, under oath or affirmation, the combination of genotypes, distinguished
complainant and such witnesses as the from any other plant groupings by the
latter may produce; and (d) the warrant expression of at least one (1)
issued must particularly describe the characteristics, and considered as a unit
place to be searched and persons or with regard to the suitability for being
things to be seized. [Lim v. Ponce de propagated unchanged. A variety may
Leon, 66 SCRA 299]. be represented by seed, transplants,
plants, tubers, tissue culture plantlets,
Valuable consideration. Nego. Inst. It and other forms. [Sec 3, RA 9168].
consists either in some right, interest,
profit or benefit, accruing to the party Vatican City. A city in Italy which has an
who makes the contract or some independent government of its own,
forbearance, detriment, loss, with the Pope, who is also head of the
responsibility, act, labor, or service on Roman Catholic Church, as the Holy See
the other side. [Claridades, A., or Head of State, in conformity with its
Compilation of Notes, 2001-2006]. traditions, and the demands of its
mission in the world. [Holy See v.
Value. 1. Any consideration sufficient to Rosario, GR 101949. Dec. 1, 1994].
support a simple contract. [Sec. 3, PD
115]. 2. 2. Any consideration sufficient Vehicle. 1. Any carriage traveling on its
to support a simple contract. An own wheels or runners and used or
antecedent or pre-existing obligation, intended to be used for the conveyance
whether for money or not, constitutes or carrying of persons, animals or
value where a receipt is taken either in goods. [Sec. 3, RA 4663]. 2. Any thing
satisfaction thereof or as security that is designed to transport persons or
therefor. [Sec. 25, Act 2137]. objects. A bicycle has been held to be a
vehicle. [Duhaime's Legal Dict., 2004].
Value-added tax. Tax paid by a
taxpayer only on the value added to a Veinte nueve. Batangas knife. Also
good. [Intl. Law Dict. & Direct., 2004]. Beinte nueve.
Valued policy. Ins. A policy of insurance Vendee. The buyer; the person buying.
which expresses on its face an [Claridades, A., Compilation of Notes,
agreement that the thing insured shall 2001-2006].
be valued at a specific sum. [Sec. 61,
IC]. Compare with Open policy.

676
Vendor. The seller; the person selling. be more subservient to the intent and
[Duhaime's Legal Dict., 2004]. not the intent to the words. [Phil.
Consumers Foundation, Inc., v. NTC, GR
Veneer. A non structural facing of brick, L-63318. Aug. 18, 1984].
concrete, tile, metal, plastic, glass, or
other similar approved materials Verbal acts. Statements accompanying
attached to a backing or structural an equivocal act material to the issue,
components of the building for the and giving it a legal significance.
purpose of ornamentation, protection, [Claridades, A., Compilation of Notes,
or enclosure that may be adhered, 2001-2006]. Compare with
integrated, or anchored either on the Spontaneous statements.
interior or exterior of the building or
structure. [Sec. 1203, PD 1096]. Verba legis non est recedendum. Lat.
From the words of a statute there
Venta con pacto de retracto. Sp. Sale should be no departure. [Globe-Mackay
with the right to repurchase. [Cruz v. Cable and Radio Corp. v. NLRC, 206
Joaquin, GR 1170. Sep. 17, 1903]. SCRA 701 (1992)].
Venue. 1. The place of the court where Verdict. 1. A conclusion, as to fact or

the trial is to take place. [Torres, Oblig. law, that forms the basis for the court's
& Cont., 2000 Ed., p. 355]. 2. Authority judgment. [Glossary of Legal Terms
of a court to hear a matter based on (Pro-Se), 2004]. 2. The decision of a
geographical location. [Glossary of Legal (court). In criminal cases, this is usually
Terms (Pro-Se), 2004]. 3. The location expressed as "guilty" or "not guilty". In
of a judicial hearing. [Duhaime's Legal a civil case, the verdict would be a
Dict., 2004]. Compare with finding for the plaintiff or for the
Jurisdiction. defendant. [Duhaime's Legal Dict.,
2004].
Venue of personal actions. Actions
affecting title to or possession of Verification. 1. An affidavit that verifies
personal property, or interest therein a pleading to the effect that the affiant
may be commenced and tried where the has read the same and that the
plaintiff or any of the principal plaintiffs allegations therein are true and correct
resides, or where the defendant or any of his knowledge and belief. [Sec. 4,
of the principal defendants resides, or in Rule 7, RoC]. 2. A statement under oath
the case of a non-resident defendant which confirms the contents of an
where he may be found, at the election accompanying document. [Torres, Oblig.
of the plaintiff. [Sec. 2, Rule 4, RoC]. & Cont., 2000 Ed., p. 355].
Venue of real actions. Actions affecting Veritas simplex oratio est. Lat.The
title to or possession of real property, or language of truth is simple. [People v.
interest therein, shall be commenced Malunes, GR 114692. Aug. 14, 1995].
and tried in the proper court which has
jurisdiction over the area wherein the Vermin. A group of insects or small
real property involved, or a portion animals such as flies, mosquitoes,
thereof, is situated. [Sec. 1, Rule 4, cockroaches, fleas, lice, bedbugs, mice
RoC]. and rats which are vectors of diseases.
[Sec. 69, PD 856].
Verba fortius accipiuntur contra
proferentem. Lat. A principle of Vertical shaft. An enclosed vertical
construction whereby if the words of a space of passage that extends from
contract are ambiguous, or of two floor to floor, as well as from the base
equally possible meanings, they should to the top of the building. [Sec. 3, PD
be interpreted against the author of the 1185].
words and not against the other party.
[Duhaime's Legal Dict., 2004]. Vessel. 1. Every type of boat, craft, or
other artificial contrivance used, or
Verba intentioni, non e contra, capable of being used, as a means of
debent inservire. Lat. Words ought to transportation on water. [Sec. 131, RA

677
7160]. 2. Every description of their place of origin, i.e. that they were
watercraft, or other artificial contrivance vested rights. [Tetley, Glossary of
used, or capable of being used, as a Conflict of Laws, 2004].
means of transportation on water. [Sec.
3, PD 600]. 3. Any vessel or watercraft Vestibule. A passage hall or
used for transport of passengers and antechamber between the outer doors
cargo from one place to another and the interior parts of a house or
through Philippine Waters. It shall building. [Sec. 3, PD 1185].
include all kinds and types of vessels or
boats used in fishing. [Sec. 2, PD 532]. Veteran. 1. Any person or persons who
See Ship. served in the regularly constituted air,
land, or naval services or army, or in
Vessels. Also Watercraft. Any barge, such non-regularly organized military
lighter, bulk carrier, passenger ship units in the Philippines during World
freighter, tanker, container ship, fishing War II and whose services with such
boats or other artificial contrivance units are duly recognized by the
utilizing any source of motive power, Republic of the Philippines or by the
designed, used or capable of being used Government of the United States, those
as a means of water transportation who served in the Philippine
operating either as common contract Expeditionary Force to Korea and
carrier, including fishing vessels covered Vietnam, or in any armed conflict in
under PD 43, except (i) those owned which the Philippines may be involved in
and/or operated by the Armed Forces of the future, and the retirees and
the Philippines and by foreign pensioners of the Armed Forces of the
governments for military purposes, and Philippines, and the military personnel
(ii) bancas, sailboats and other who served in the post World War II
waterborne contrivance of less than military service for at least ten years.
three gross tons capacity and not Provided, That the said veterans or
motorized. [Sec. 3, PD 474]. retirees have been discharged under
honorable conditions from the service or
Vested right. 1. Property which has continue in the active military service or
become fixed and established, and is no are carried in the military roster on
longer open to doubt or controversy; an inactive reserve: Provided, further, That
immediately fixed right of present or for purposes of PD 1906, the term shall
future enjoyment as distinguished from also include the widows, orphans and
an expectant or contingent right compulsory heirs of deceased veterans
[Benguet Consolidated Mining v. Pineda, in the direct ascending line and direct
98 Phil. 711; Balbao v. Farrales, 51 Phil. descending line, excluding their
498]. 2. Some right or interest in grandchildren and great-grandchildren.
property which has become fixed and [Sec. 4, PD 1906]. 2. The term shall
established and is no longer open to include all military personnel who served
doubt or controversy. [Downs v. Blount, with the military forces of the Philippines
170 Fed. 15,20, cited in Balboa v. during the revolution against Spain, the
Farrales, 51 Phil. 498, 502]. 3. A right Spanish-American War, World War I,
having been created by the appropriate World War II, and the Korean conflict.
law, the recognition of its existence [Sec. 2, RA 2664].
should follow everywhere. Thus an act
valid where done cannot be called in Veterinarian. A natural person who has
question anywhere. [Beale, A Selection been registered and issued a valid
of Cases on the Conflicts of Laws, vol. 3, Certificate of Registration and
1902 at p. 517]. Professional Identification Card by the
Professional Regulatory Board of
Vested rights doctrine. The doctrine Veterinary Medicine in accordance with
which holds that the duty to recognize RA 9268. [Sec. 4, RA 9268].
another jurisdiction's law was not
dependent on comity, with its Veto. Admin. Law. The refusal of assent
expectation of reciprocity, but rather on by the executive officer whose assent is
the mere fact that such rights had been necessary to perfect a law which has
validly created under the foreign law of been passed by the legislative body, and

678
the message which is usually sent to contract voidable: (a) mistake or error;
such body by the executive, stating such (b) force or violence; (c) intimidation;
refusal and the reasons therefor. (d) undue influence; and (e) fraud. [Art.
[Black's Law Dict., Abr. 5th Ed. (1987), 1330, CC].
p. 809].
Victimless crimes. Those crimes where,
Veto. Intl. Law. The negative vote which by the very nature thereof, no damages
any of the permanent members of the can possibly be sustained by a private
United Nations Security Council is party, such as espionage, violation of
allowed to cast in the decision of non- neutrality, flight to enemy country or
procedural questions. The effect of this crimes against popular representation.
veto is to defeat the measure under [People v. Quijada, GR 115008-09. July
consideration even if supported by a 24, 1996].
majority or, in fact, all of the other
members of the Council. [Cruz, Intl. Law Videlicet. Lat. To wit or That is to say.
Reviewer, 1996 Ed., p. 29]. Abbrev. Viz. It is often found in legal
documents to advise that what follows
Veto power of the President. The provides more detail about a preceding
general power of the President to veto general statement. For example: "The
the entire bill, not merely parts thereof. defendant committed adultery; viz., on
[Sec. 27(1), Art. VI, 1987 Const.]. The April 15th, at approximately 10:30 pm,
exception to the general veto power is he had sexual intercourse with Ms. Jane
the power given to the President to veto Doe." [Duhaime's Legal Dict., 2004].
any particular item or items in a general
appropriations bill [Sec. 27(1), Art. VI, Vigilantibus it non dormientibus jure
1987 Const.]. In so doing, the President subveniunt. Lat. If eternal vigilance is
must veto the entire item. [Phil. Const. the price of liberty, one cannot sleep on
Assoc. v. Enriquez, GR 113105. Aug. 19, one's right. [Dela Cruz v. Dela Cruz, GR
1994]. L-61969. July 25, 1984].
Via trita est tuttisima. Lat. The trodden Vinculum juris. Lat. Bond of law. See
path is the safest path. [Tolentino v. Juridical or Legal tie.
Sec. of Finance, GR 115455. Aug. 25,
1994]. Vindictive damages. See Exemplary
damages and Punitive damages.
Vicarious liability doctrine. Also
Imputed negligence doctrine. 1. The Violation. Injury; infringement; breach of
obligation which is demandable not only right, duty or law; ravishment;
for one's own acts or omissions, but also seduction. [Black's Law Dict., Abr. 5th
for those of persons for whom one is Ed. (1987), p. 811].
responsible. [Art. 2180, CC]. 2. Under
Anglo-American tort law, a person is not Violation of domicile. Crim. Law. The
only liable for torts committed by felony committed by any public officer
himself, but also for torts committed by or employee who, not being authorized
others with whom he has a certain by judicial order, shall enter any
relationship and for whom he is dwelling against the will of the owner
responsible. [Tamargo v. CA, GR 85044. thereof, search papers or other effects
June 3, 1992]. 3. When a person is held found therein without the previous
responsible for the tort of another even consent of such owner, or having
though the person being held surreptitiously entered said dwelling,
responsible may not have done anything and being required to leave the
wrong. This is often the case with premises, shall refuse to do so. [Art.
employers who are held vicariously 128, RPC].
liable for the damages caused by their
employees. [Duhaime's Legal Dict., Violation of neutrality. Crim. Law. The
2004]. felony committed by anyone who, on
the occasion of a war in which the
Vices of consent. The following vices or (Philippine) Government is not involved,
defects vitiate consent and render the violates any regulation issued by

679
competent authority for the purpose of

enforcing neutrality. [Art. 119, RPC]. Vir. Lat. Man or husband. Vir et uxor
censentur in lege una persona is an old
Violation of parliamentary immunity. (and long abandoned in most countries)
Crim. Law. The felony committed by any legal principle meaning that man and
person who shall use force, intimidation, wife are considered to be one person in
threats, or fraud to prevent any member law. [Duhaime's Legal Dict., 2004].
of the National Assembly (Congress of
the Philippines) from attending the Virgin. Legal Med. A woman who has had
meetings of the Assembly (Congress) or no carnal knowledge of man and whose
of any of its committees or genital organs have not been altered by
subcommittees, constitutional carnal connection. [Olarte, Legal Med.,
commissions or committees or divisions 1st Ed. (2004), p. 122]. Compare with
thereof, from expressing his opinions or Chaste.
casting his vote; or by any public officer
or employee who shall, while the Virginity. Legal Med. The state of not
Assembly (Congress) is in regular or knowing the nature of sexual life and
special session, arrest or search any not having experienced sexual relation
member thereof, except in case such (moral virginity). A condition whereby a
member has committed a crime woman is conscious of the nature of
punishable under the Rev. Penal Code sexual life but has not experienced
by a penalty higher than prision mayor. sexual intercourse (physical virginity).
[Art. 145, RPC]. [Olarte, Legal Med., 1st Ed. (2004), p.
122]. Compare with Chastity.
Violence. Unjust or unwarranted exercise
of force, usually with the Visa. 1. An official endorsement on a
accompaniment of vehemence, outrage document or passport denoting that the
or fury. [Black's Law Dict., Abr. 5th Ed. bearer may proceed. [Glossary of Legal
(1987), p. 811]. Terms (Pro-Se), 2004]. 2. Formal
authorization to enter a country. [Intl.
Violence against women and their Law Dict. & Direct., 2004].
children. Any act or a series of acts
committed by any person against a Visit, right of. Intl. Law. Right of a
woman who is his wife, former wife, or warship or military aircraft on the high
against a woman with whom the person seas to approach a foreign ship if the
has or had a sexual or dating warship or aircraft has reasonable
relationship, or with whom he has a grounds for suspecting that the foreign
common child, or against her child ship is. (a) engaged in piracy, (b)
whether legitimate or illegitimate, within engaged in the slave trade, (c) engaged
or without the family abode, which in unauthorized broadcasting, (d) a ship
result in or is likely to result in physical, without a nationality, or (e) a ship that
sexual, psychological harm or suffering, refuses to fly a flag or is flying a foreign
or economic abuse including threats of flag when it actually has the same
such acts, battery, assault, coercion, nationality as the warship or aircraft.
harassment or arbitrary deprivation of [Intl. Law Dict. & Direct., 2004].
liberty. [Sec. 3, RA 9262].
Visitation right. The right of access of a
Violence to vitiate consent. There is noncustodial parent to his or her child or
violence when in order to wrest consent, children. [Silva v. CA, GR 114742. July
serious or irresistible force is employed. 17, 1997, citing Black's Law Dict., 6th
When this is present, consent is not Ed., p. 1572].
free. [Diaz, Bus. Law Rev., 1991 Ed., p.
69, citing Art. 1335, CC]. Visitorial power. The power of the Sec.
of Labor or his duly authorized
Violent. Moving, acting, or characterized, representative to inquire, from time to
by physical force, especially by extreme time, into the financial activities of
and sudden or by unjust or improper legitimate labor organizations and to
force. [Black's Law Dict., Abr. 5th Ed. examine their books of accounts and
(1987), p. 811]. other records to determine compliance

680
or non-compliance with the law and to of Legal Terms (Pro-Se), 2004]. 2. Not
prosecute any violations of the law and legally binding. A document that is void
the union constitution and by-laws. [Art. is useless and worthless; as if it did not
274, LC]. exist. For example, contracts for
immoral purposes are said to be "void":
Vital industries. Public utilities, including unenforceable and not recognized by
transportation and communication, the courts. A good example is a contract
companies engaged in the manufacture, to commit a serious crime such as
processing or distribution of fuel gas, murder. [Duhaime's Legal Dict., 2004].
gasoline and fuel or lubricating oil,
companies engaged in the production or Voidable. 1. Capable of being declared
processing of essential commodities or invalid; a voidable contract is one where
products for export, and companies a person may avoid his obligation, as a
engaged in banking of any kind, as well contract between an adult and a minor.
as hospitals, schools and colleges. [Sec. [Glossary of Legal Terms (Pro-Se),
2, PD 823]. 2004]. 2. The law distinguishes between
contracts which are void and those
Vital information. Any information, which are voidable. Some contracts
document, book, writing or any other have such a latent defect that they are
evidence necessary to build up to the said to be void (see definition of void
people's case and/or secure the above). Others have more minor defects
conviction of criminals. [Sec. 1, PD to them and are voidable at the option
1731]. of the party victimized by the defect.
Viva voce. Lat. With the living voice; by
word of mouth. As applied in the Voidable marriage. A marriage which
examination of witness, this phrase is may be annulled for any of the following
equivalent to orally. [Black's Law Dict., causes, existing at the time of the
Abr. 5th Ed. (1987), p. 811]. marriage: (a) The party in whose behalf
it is sought to have the marriage
Vivero de peces. Sp. Fishpond. annulled was eighteen years of age or
over but below twenty-one, and the
Viz. Abbreviation of the Latin word marriage was solemnized without the
videlicet. Short for "namely" or "that is consent of the parents, guardian or
to say." [Duhaime's Legal Dict., 2004]. person having substitute parental
authority over the party, in that order,
Vocational preparation training. A unless after attaining the age of twenty-
range of training activities primarily one, such party freely cohabited with
aimed at the youth and covering any or the other and both lived together as
all of the following: (a) First introduction husband and wife; (b) either party was
to work of a vocational character of unsound mind, unless such party
covering a range of occupational after coming to reason, freely cohabited
activities; (b) preparing the youth for with the other as husband and wife; (c)
choosing an occupation or a line of the consent of either party was obtained
training; (c) acquainting the youth with by fraud, unless such party afterwards,
different materials, tools, machines, with full knowledge of the facts
procedures and elementary theoretical constituting the fraud, freely cohabited
knowledge relevant to a group of with the other as husband and wife; (d)
occupations; (d) providing the youth the consent of either party was obtained
with working methods and standards by force, intimidation or undue
expected at work; and (e) giving the influence, unless the same having
youth basic knowledge about disappeared or ceased, such party
contributions which they may be able to thereafter freely cohabited with the
make to the economic and social other as husband and wife; (e) either
development of the country. [Sec. 1, party was physically incapable of
Rule 1, Book 2, IRR of LC]. consummating the marriage with the
other, and such incapacity continues
Void. 1. Invalid; a void agreement is one and appears to be incurable; or (f)
for which there is no remedy. [Glossary either party was afflicted with a

681
sexually-transmissible disease found to Void judgment. It is in legal effect no

be serious and appears to be incurable. judgment. By it no rights are divested.
[Art. 45, FC]. From it no rights can be obtained. Being
worthless in itself, all proceedings
Voidable or annullable contract. A founded upon it are equally worthless. It
contract that possesses all the essential neither binds nor bars any one. All acts
requisites of a contract, namely: performed under it and all claims
consent, object and cause, but has a flowing out of it are void. The parties
defect or vice in that the consent is attempting to enforce it may be
vitiated either by mistake, violence, responsible as trespassers. The
intimidation, undue influence, fraud or purchaser at a sale by virtue of its
that one of the contracting parties is authority finds himself without title and
incapable of giving consent to the without redress. [Gomez v. Concepcion,
contract. [Diaz, Bus. Law Rev., 1991 47 Phil. 717, 722-723].
Ed., p. 88].
Void marriages due to absence of
Voidable or annullable contracts. any of the essential requisites. The
Contracts that are voidable or following marriages shall be void from
annullable, even though there may have the beginning due to absence of any of
been no damage to the contracting the essential requisites: (a) Those
parties, such as: (a) those where one of contracted by any party below eighteen
the parties is incapable of giving years of age even with the consent of
consent to a contract; (b) those where parents or guardians; (b) those
the consent is vitiated by mistake, solemnized by any person not legally
violence, intimidation, undue influence authorized to perform marriages unless
or fraud [Art. 1390, CC]; and (c) those such marriages were contracted with
agreed to in a state of drunkenness; or either or both parties believing in good
(d) those agreed to during a hypnotic faith that the solemnizing officer had the
spell. [Art. 1328, CC]. legal authority to do so; (c) those
solemnized without license, except
Void contract. One which has no force those exempted from license
and effect from the very beginning, as if requirement; (d) Those bigamous or
it had never been entered into, and polygamous marriages not failing under
which cannot be validated either by time Art. 41, FC); (e) those contracted
or by ratification. [Palmera v. CSC, GR through mistake of one contracting
110168. Aug. 4, 1994]. Also Inexistent party as to the identity of the other; (f)
contract. those subsequent marriages that are
void under Art. 53, FC; or (g) those
Void donation. See Donation, when contracted by any party who, at the
void. time of the celebration, was
psychologically incapacitated to comply
Void for vagueness doctrine. The rule with the essential marital obligations of
that a statute or act may be said to be marriage, shall likewise be void even if
vague when it lacks comprehensible such incapacity becomes manifest only
standards that men of common after its solemnization. [Arts. 35 and 36,
intelligence must necessarily guess at its FC].
meaning and differ as to its application.
It is repugnant to the Constitution in Void marriages for reasons of public
two respects: (a) it violates due process policy. The following marriages shall be
for failure to accord persons, especially void from the beginning for reasons of
the parties targeted by it, fair notice of public policy: (a) between collateral
the conduct to avoid; and (b) it leaves blood relatives whether legitimate or
law enforcers unbridled discretion in illegitimate, up to the fourth civil
carrying out its provisions and becomes degree; (b) between step-parents and
an arbitrary flexing of the Government step-children; (c) between parents-in-
muscle. [People v. Nazario, GR L-44143. law and children-in-law; (d) between
Aug. 31, 1988]. the adopting parent and the adopted
child; (e) between the surviving spouse
of the adopting parent and the adopted

682
child; (f) between the surviving spouse methyl ethyl ketone, methyl butyl
of the adopted child and the adopter; ketone, benzene, toluene, xylene,
(g) between an adopted child and a stryene, naphtalene, n-pentane, n-
legitimate child of the adopter; (h) hexane, n-heptane, methylene chloride,
between adopted children of the same trichloroenthylene, tetrachloroenthylene,
adopter; and (i) between parties where nitrous oxide, dichlorodifluoromethane,
one, with the intention to marry the chlorodifluoromethane, isoamyl nitrate,
other, killed that other person's spouse, ether or chloroform or any other
or his or her own spouse. [Art. 38, FC]. chemical substance which when sniffed,
smelled, inhaled, or introduced into the
Void or inexistent contracts. Contracts physiological system of the body
which are inexistent and void from the produces or induces a condition of
beginning, viz: (a) Those whose cause, intoxication, inebriation, excitement,
object or purpose is contrary to law, stupefaction, dulling of the brain or
morals, good customs, public order or nervous system, depression, giddiness,
public policy; (b) those which are paralysis, or irrational behaviour or in
absolutely simulated or fictitious; (c) any manner changing, distorting or
those whose cause or object did not disturbing the auditory, visual or mental
exist at the time of the transaction; (d) processes. [Sec. 1, PD 1619].
those whose object is outside the
commerce of men; (e) those which Volenti non fit injuria. Lat. That to
contemplate an impossible service; (f) which a person assents is not deemed in
those where the intention of the parties law an injury. Consent to injury.
relative to the principal object of the Voluntary assumption of risk. A defense
contract cannot be ascertained; (g) in tort that means where a person
those expressly prohibited or declared engages in an event accepting and
void by law [Art. 1409, CC]; and (g) aware of the risks inherent in that
those which are the direct results of event, then he cannot later complain of,
previous illegal contracts [Art. 1422, or seek compensation for an injury
CC]. suffered during the event. [Duhaime's
Legal Dict., 2004].
Voir dire. Literally means to speak the
truth. 1. In Amer. jurisprudence, the Volition test. That there be a total
term denotes preliminary examination deprivation of freedom of the will.
under oath of prospective jurors. The Compare with Cognition test.
examination is conducted to determine
the competency or qualifications of the Voltage. The highest effective potential
witness in case it is objected to. When difference between any two conductors
the court subjects the witness to voir of the circuit concerned expressed in
dire, the court reminds him or her about volts. [Sec. 2, RA 7920].
the consequences of the truth. When
the court is satisfied that the influence Volte-face. An about-face; a reversal, as
of fear or hope has been ruled out, then in policy or decision. [Word for the Day,
the confession of the witness can be Dictionary.com, Feb. 1, 2002].
deemed voluntary. [People v. Miscala,
GR 91016. Sep. 27, 1991]. 2. The Voluntarily committed child. A child
preliminary examination made in court whose parent(s) knowingly and willingly
of a witness or juror to determine his relinquishes parental authority to the
competency or interest in a matter. DSWD. [Sec. 3, RA 8552]. Compare with
[Glossary of Legal Terms (Pro-Se), Involuntarily committed child.
2004].
Voluntary acknowledgment. See
Volatile substances. Any liquid, solid or Voluntary recognition.
mixed substance having the property of
releasing toxic vapors or fumes Voluntary act. A free, intelligent, and
containing one or more of the following intentional act. [US v. Ah Chong, GR
chemical compounds: methanol, 5272. Mar. 19, 1910].
ethanol, isopropanol, ethyl acetate, n-
propyl acetate, n-butyl acetate, acetone,

683
Voluntary appearance. A waiver of the Voluntary heir. An heir who is called to

necessity of a formal notice. An the whole or to an aliquot part of the
appearance in whatever form, without free portion of the inheritance by virtue
expressly objecting to the jurisdiction of of a will. [Jurado, Comments & Jurisp.
the court over the person, (which) is a on Succession, 1991 8th Ed., p. 104,
submission to the jurisdiction of the citing Art. 782, CC].
court over the person. [Flores v.
Zurbito, 37 Phil. 746, 750; reiterated in Voluntary HIV testing. HIV testing
Busuego v. CA, 151 SCRA 376, 385]. done on an individual who, after having
undergone pre-test counseling, willingly
Voluntary arbitration. The reference of submits himself/herself to such test.
a dispute to an impartial body, the [Sec. 4, RA 8496].
members of which are chosen by the
parties themselves, which parties freely Voluntary period. See Conventional
consent in advance to abide by the period.
arbitral award issued after proceedings
where both parties had the opportunity Voluntary recognition of natural
to be heard. [Hi-Precision Steel Center, children. An admission of the fact of
Inc. v. Kim Steel Builders, Inc., GR paternity or maternity by the presumed
110434. Dec. 13, 1993]. Compare with parent, expressed in the form prescribed
Compulsory arbitration. by the Civil Code. Its essence lies in the
avowal of the parent that the child is
Voluntary arbitrator. Any person his; the formality is added to make the
accredited by the National Conciliation admission incontestable, in view of its
and Mediation (NCMB) as such, or any consequences. [Gapusan-Chua v. CA,
person named or designated in the GR 46746. Mar. 15, 1990]. Also
collective bargaining agreement, by the Voluntary acknowledgment.
parties to act as their voluntary Compare with Compulsory
arbitrator, or one chosen, with or recognition.
without the assistance of the NCMB,
pursuant to a selection procedure Voluntary resignation. Labor. The
agreed upon in the collective bargaining voluntary act of an employee who finds
agreement, or any official that may be himself in a situation where he believes
authorized by the Sec. of Labor and that his personal reasons for resigning
Employment to act as voluntary cannot be sacrificed in favor of the
arbitrator upon the written request and exigency of the service, and where he
agreement of the parties to a labor has no other choice but to disassociate
dispute. [Sec. 1, Rule 1, Book 5, IRR of himself from his employment. [Habana
LC]. v. NLRC, GR 121486, Nov. 16, 1998].
Voluntary compensation. This takes Voting security. Any security presently

place when there is compensation by entitling the owner or holder thereof to
agreement of the parties as in the case vote for the election of directors of a
of mutual set-off of accounts. [Torres, company. [Sec. 3, RA 2629].
Oblig. & Cont., 2000 Ed., p. 141].
Compare with Legal compensation. Voluntary recognition. An admission of
the fact of paternity or maternity by the
Voluntary deposit. Civ. Law. A deposit presumed parent, expressed in the form
wherein the delivery is made by the will prescribed by the Civil Code. Its essence
of the depositor. [Art. 1968, CC]. lies in the avowal of the parent that the
Compare with Necessary deposit. child is his; the formality is added to
make the admission incontestable, in
Voluntary easements. 1. Easements view of its consequences. [Gapusan-
established by the will of the owners. Chua v. CA, GR 46746. Mar. 15, 1990].
[Art. 619, CC]. 2. (They are) Compare with Compulsory
extinguished upon (their) renunciation recognition.
by the owner of the dominant estate.
[Art. 631, CC]. Voluntary surrender. To be appreciated
as a mitigating circumstance, the

684
following elements must be present: (a) the separation of the voting rights of a
the offender has not been actually stockholder from his other rights such
arrested; (b) the offender surrendered as the right to receive dividends, the
himself to a person in authority; and, (c) right to inspect the books of the
the surrender must be voluntary. All corporation, the right to sell certain
these requisites appear to have interests in the assets of the corporation
attended their surrender. [People v. and other rights to which a stockholder
Canamo, GR 62043, 13 Aug. 1985; 138 may be entitled until the liquidation of
SCRA 141]. the corporation. [Lee v. CA, GR 93695.
Feb. 4, 1992].
Vote cast. The exercise on a ballot of the
choice of the voter on the measure Voyage charter. 1. A contract for the
proposed. [Javellana v. Exec. Sec., GR hire of a vessel for one or a series of
L-36142. Mar. 31, 1973]. voyages usually for the purpose of
transport in goods for the charterer. The
Voting share. Corp. Law. A share with voyage charter is a contract of
right to vote. [De Leon, Corp. Code of affreightment and is considered a
the Phil. Annotated, 1989 Ed., p. 60]. private carriage. [Maritime Agencies &
Compare with Non-voting share. Services, Inc. v. CA, GR 77638. July 12,
1990, citing Schoenbaum, Admiralty and
Voting trust. 1. An agreement in writing Maritime Law, 1987, Student Ed., p.
between one or more stockholders of a 383]. 2. A contract of affreightment,
stock corporation for the purpose of that is, a contract for the carriage of
conferring upon a trustee or trustees goods, from one or more ports of
the right to vote and other rights loading to one or more ports of
pertaining to the shares for certain unloading, on one or on a series of
periods and subject to such other voyages. In a voyage charter, master
conditions provided for in the and crew remain in the employ of the
Corporation Law. [Sec. 1(d), RA 6713]. owner of the vessel. [Litonjua Shipping
2. A trust created by an agreement Inc. v. Natl. Seamen Board, GR 51910.
between a group of the stockholders of Aug. 10, 1989].
a corporation and the trustee or by a
group of identical agreements between Voyeurism. Legal Med. The compulsion
individual stockholders and a common by the sexual deviant, usually called
trustee, whereby it is provided that for a Peeping Tom, to peep to see persons
term of years, or for a period contingent undress or perform other personal
upon a certain event, or until the activities while he/she, during or after
agreement is terminated, control over seeing or peeping, masturbates. [Olarte,
the stock owned by such stockholders, Legal Med., 1st Ed. (2004), p. 117].
either for certain purposes or for all
purposes, is to be lodged in the trustee, Vulgar substitution. See Simple or
either with or without a reservation to common substitution.
the owners, or persons designated by
them, of the power to direct how such Vulnerable species. Species or
control shall be used. [Lee v. CA, GR subspecies that is not critically
93695. Feb. 4, 1992, citing Ballentine's endangered nor endangered but is
Law Dict.]. under threat from adverse factors
throughout their range and is likely to
Voting trust agreement. 1. An move to the endangered category in the
agreement in writing between one or near future. [Sec. 5, RA 9147].
more stockholders of a stock
corporation for the purpose of
conferring upon a trustee or trustees
the right to vote and other rights
pertaining to the shares for certain
periods and subject to such other
conditions provided for in the
Corporation Law. [Sec. 1, Rule IX, RA
6713]. 2. An agreement that results in

685
remuneration paid in any medium other

than cash. [NIRC, as amended].
Waive. To voluntarily give up a legal

right. [Intl. Law Dict. & Direct., 2004].
Waiver. 1. A voluntary and intentional

relinquishment or abandonment of a
known existing legal right, advantage,
benefit, claim or privilege, which except
for such waiver the party would have
enjoyed; the voluntary abandonment or
surrender, by a capable person, of a
right known by him to exist, with the
intent that such right shall be
surrendered and such person forever
deprived of its benefit; or such conduct
as warrants an inference of the
relinquishment of such right; or the
intentional doing of an act inconsistent
with claiming it. [People v. Donato, GR
79269. June 5, 1991]. 2. Intentionally
-W- given up a right. [Glossary of Legal

Wage. The remuneration or earning, Waiver of immunity. A means

however designated, capable of being authorized by statute by which a
expressed in terms of money, whether witness, before testifying or producing
fixed or ascertained on a time, task, evidence, may relinquish the right to
piece, or commission basis, or other refuse to testify against himself, thereby
method of calculating the unwritten making it possible for his testimony to
contract of employment for work done be used against him in future
or to be done, or for services rendered proceedings. [Glossary of Legal Terms
or to be rendered and includes the fair (Pro-Se), 2004].
and reasonable value, as determined by
the Sec. of Labor, of board, lodging, or Walang-hiya. Tag. It means
other facilities customarily furnished by "shameless. [Gonzales v. Arcilla, GR
the employer to the employee. [Art. 97 27923. Nov. 18, 1991].
(f), LC].
Wanton. Reckless, heedless, malicious;
Wage distortion. A situation where an characterized by extreme recklessness
increase in prescribed wage rates results or foolhardiness; recklessly disregardful
in the elimination of severe contraction of the rights or safety of others or of
of intentional quantitative differences in consequences. [Black's Law Dict., Abr.
wage or salary rates between and 5th Ed. (1987), p. 816].
among employee groups in an
establishment as to effectively obliterate Wanton attitude. A licentious act by one
the distinctions embodied in such wage man towards the person of another,
structure based on skills, length of without regard to his rights. [Moreno's
service, or other logical bases of Phil. Law Dict., 2nd Ed., p. 497, citing
differentiation. [Art. 124, LC, as Almeda v. Northwest Orient Airlines, CV-
amended by RA 6727; Sec. 1, Rule 7, 17413, Aug. 8, 1990].
Book 3, IRR of LC].
War. Intl. Law. A sustained struggle of a
Wages. All remuneration (other than fees scale and duration that threatens the
paid to a public official) for services existence of the government of a state
performed by an employee for his or an equivalent juridical person and
employer, including the cash value of all that is waged between groups of forces
that are armed, wear a distinctive

686
insignia, and are subject to military tobacco product or its container and/or
discipline under a responsible command. displayed in print or alert in broadcast or
[Intl. Law Dict. & Direct., 2004]. electronic media including outdoor
advertising and which shall bear
War; how it may be terminated. War information on the hazard of tobacco
may be terminated (a) by simple use. [Sec. 4, RA 9211].
cessation of hostilities; (b) by the
conclusion of a negotiated treaty of War power. The power vested solely in
peace; or (c) by the defeat of one of the Congress to declare, by a vote of two-
belligerents. [Cruz, Intl. Law Reviewer, thirds of both Houses in joint session
1996 Ed., pp. 144-145]. assembled, voting separately, the
existence of a state of war. [Claridades,
Warehouse. 1. A building utilized for the A., Compilation of Notes, 2001-2006].
storage of products for sale and from
which goods or merchandise are Warrant. Most commonly, a court order
withdrawn for delivery to customers or authorizing law enforcement officers to
dealers, or by persons acting in behalf make an arrest or conduct a search. An
of the business. A warehouse that does application seeking a warrant must be
not accept orders and/or issue sales accompanied by an affidavit which
invoices as aforementioned shall not be establishes probable cause by detailing
considered a branch or sales office. [Art. the facts upon which the request is
243, IRR, LGC]. 2. A building or shed based. [Glossary of Legal Terms (Pro-
used for the storage of cargo. [Sec. 3, Se), 2004].
PD 857].
Warrantless arrest. Arrest made
Warehouseman. 1. One who receives without a warrant issued by a judge.
and stores goods of another for [Claridades, A., Compilation of Notes,
compensation. [Comm. of Internal 2001-2006].
Revenue v. Hawaiian-Philippine Co., GR
L-16315. May 30, 1964, citing 44 Words Warrantless arrest; when lawful. A
& Phrases, p. 635]. 2. A person engaged peace officer or a private person may,
in the business of receiving commodity without a warrant, arrest a person: (a)
for storage. [Sec. 2, Act 3893, as when in his presence, the person to be
amended]. arrested has committed, is actually
committing, or is attempting to commit
Warehouse receipt. A written an offense; (b) when an offense
acknowledgment by a warehouseman has in fact just been committed, and he
that he has received and holds certain has personal knowledge of facts
goods in his warehouse for the person indicating that the person to be arrested
to whom the document is issued. has committed it; (c) when the person
[Suggested answer to Bar 1949; 1954; to be arrested is a prisoner who has
1967, cited in Miravite, Bar Review escaped from a penal establishment or
Materials in Comm. Law, 12th Ed., place where he is serving final judgment
(2002), p. 26]. or temporarily confined while his case is
pending, or has escaped while being
Warehouse Receipts Law. Act No. transferred from one confinement to
2137 which prescribes the mutual rights another. [Sec. 5, Rule 113, RoC].
and duties of a warehouseman who
issues ware-house receipts, and his Warrantless search and seisure.
depositor, and covers all warehouses, Search and seizure made without a
bonded or not. [Miravite, Bar Review warrant issued by a judge. [Claridades,
Materials in Comm. Law, 12th Ed., A., Compilation of Notes, 2001-2006].
(2002), p. 26].
Warrantless search and seizure;
Warning. 1. An act or fact of putting one when valid. There are instances when
on his guard against an impending a warrantless search and seizure
danger, evil consequences or penalties. becomes valid, namely: (a) search
[Tobias v. Veloso, GR L-40224. Sep. 23, incidental to an arrest; (b) search of a
1980]. 2. The notice printed on the moving vehicle; and (c) seizure of

687
evidence in plain view. [Manipon, Jr. v. activities that is devoid of usage and
Sandiganbayan, L-58889, July 31, 1986, discarded. [Sec 4, RA 9275]. 2.
143 SCRA 267, 276]. Property. The abuse, destruction or
permanent change to property by one
Warrantless search incidental to a who is merely in possession of it as in
lawful arrest. Search recognized under the case of a tenant or a life tenant.
Sec. 13, Rule 126 of the Rules of Court [Duhaime's Legal Dict., 2004].
which provides that a person lawfully
arrested may be searched for dangerous Waste dump area. A designated place
weapons or anything which may have where the mine waste are accumulated
been used or constitute proof in the or collected. [Sec. 4, DENR Admin.
commission of an offense, without a Order 95-23].
search warrant.
Wastewater. Waste in liquid state
Warrant of arrest. An order issued by containing pollutants. [Sec 4, RA 9275].
the judge upon probable cause
determined personally by him after Wasting assets corporation. Corp.
examination under oath or affirmation of Law. A corporation the sole purpose of
the complainant and the witnesses he which is to invest its capital in a specific
may produce, and particularly describing property and afterwards to consume
the persons to be arrested. [Claridades, that property at a profit, such as mining
A., Compilation of Notes, 2001-2006]. or oil corporations. [Diaz, Bus. Law
Compare with Search warrant. Rev., 1991 Ed., p. 275].
Warranty. 1. A promise that a Watchman or security guard,

proposition of fact is true. A promise watchman or security guard
that certain facts are truly as they are agency. Any person who offers or
represented to be and that they will renders personal service to watch or
remain so. [Magno v. CA, GR 96132. secure either residential or business
June 26, 1992, citing Black's Law Dict., establishment, or both, or any building,
5th Ed., (1979) p. 1423]. 2. A promise compound, or area including but not
that a proposition of fact is true. limited to logging concessions,
[Glossary of Legal Terms (Pro-Se), agricultural, mining or pasture lands for
2004]. 3. An undertaking that the title, hire or compensation, or as an
quality, or quantity of the subject matter employee thereof shall be known as
of a contract is what it has been watchman or security guard; and any
represented to be, and relates to some person, association, partnership, or
agreement made ordinarily by the party corporation, who recruits, trains,
who makes the warranty. [De Leon, muster, furnishes, solicits individuals or
Comments and Cases on Credit Trans., business firms, private or government-
1999 Ed., p. 237, citing 38 CJS 1134]. owned or controlled corporations to
engage his service or those of its
Warranty deed. Also Deed of watchmen, shall be known as watchman
warranty. A deed which guarantees of security guard agency. [Sec. 3, RA
that the title conveyed is good and its 5487, as amended by PD 11].
transfer rightful. [Jurists Legal Dict.,
2004]. Water body. Both natural and man-
made bodies of fresh, brackish, and
Warsaw Convention. The Convention saline waters, and includes, but is not
for the Unification of Certain Rules limited to, aquifers, groundwater,
Relating to International Transportation springs, creeks, streams, rivers, ponds,
by Air signed at Warsaw, Poland on lagoons, water reservoirs, lakes, bays,
Oct. 12, 1929. estuarine, coastal and marine waters.
Water bodies do not refer to those
Waste. 1. Any material either solid, constructed, developed and used
liquid, semisolid, contained gas or other purposely as water treatment facilities
forms resulting industrial, commercial, and/or water storage for recycling and
mining or agricultural operations, or re-use which are integral to process
from community and household

688
industry or manufacturing. [Sec 4, RA not limited to, the following: (a) goals
9275]. and targets including sewerage or
septage program, (b) schedule of
Water Code of the Philippines. PD compliance to meet the applicable
1067 entitled A Decree instituting a requirements of RA 9275; (c) water
Water Code, thereby revising and pollution control strategies or
consolidating the laws governing the techniques; (d) water quality
ownership, appropriation, utilization, information and education program; e)
exploitation, development, conservation resource requirement and possible
and protection of water resources sources; f) enforcement procedures of
signed into law on Dec. 31, 1976. the plan and (g) rewards and incentives
under Chap. 4 of RA 9275. [Sec 4, RA
Watercraft. Any waterborne unit which 9275].
is designed and built to have an electric
plant. [Sec. 2, RA 7920]. See Vessels. Water quality standard. A plan that is
established by governmental authority
Watered shares. Corp. Law. Those as a program for water pollution
issued for no consideration or prevention and abatement. Such a
inadequate consideration. [Diaz, Bus. standard may include water use
Law Rev., 1991 Ed., p. 250]. classification and the criteria to support
the uses of the water. [Sec. 62, PD
Water pollution. Any alteration of the 1152].
physical, chemical, biological, or
radiological properties of a water body Water quality surveillance. A close
resulting in the impairment of its purity and continuous supervision of the water
or quality. [Sec 4, RA 9275]. quality to detect development
movements or changes in the
Water quality. 1. The characteristics of characteristics of the water. [Sec. 62,
water, which define its use in PD 1152].
characteristics by terms of physical,
chemical, biological, bacteriological or Water rights. 1. The privilege to
radiological characteristics by which the appropriate and use water. [Art. 13, PD
acceptability of water is evaluated. [Sec 1067]. 2. The right to use water.
4, RA 9275]. 2. The characteristics of [Glossary of Legal Terms (Pro-Se),
water which define its use in terms of 2004].
physical, chemical and biological
contents; hence the quality of water for Waters. The term refers to water under
domestic use is different from industrial the grounds, water above the ground,
use. [Sec. 62, PD 1152]. water in the atmosphere and the waters
of the sea within the territorial
Water quality guidelines. The level for jurisdiction of the Philippines. [Art. 4, PD
a water constituent or numerical values 1067].
of physical, chemical, biological and
bacteriological or radiological Watershed. A land area drained by a
parameters which are used to classify stream or fixed body of water and its
water resources and their use, which tributaries having a common outlet for
does not result in significant health risk surface run-off. [Sec. 3, PD 705].
and which are not intended for direct
enforcement but only for water quality Watershed reservation. A forest land
management purposes, such as reservation established to protect or
determining time trends, evaluating improve the conditions of the water
stages of deterioration or enhancement yield thereof or reduce sedimentation.
of the water quality, and as basis for [Sec. 3, PD 705].
taking positive action in preventing,
controlling or abating water pollution. Watusi. Usually reddish in color about 1
[Sec 4, RA 9275]. 1/2 inches in length and 1/10 inch in
width usually ignited by friction to
Water quality management area produce a dancing movement and a
action plan. This plan includes, but is crackling sound. [Sec. 2, RA 7183].

689
Wharfage due. The amount assessed

Wedlock. Being married. It has the same against the cargo of a vessel engaged in
meaning as matrimony. Used mostly to foreign or coastwise trade, based on the
refer to illegitimate children as "born out quantity, weight or measure received
of wedlock." [Duhaime's Legal Dict., and/or discharged by such vessel. The
2004]. owner or consignee of the article, or the
agent of either, is the person liable for
Week. A period of time consisting of such charge. [Sec. 2801, RA 1937, as
seven consecutive days. [Concepcion v. amended by PD 34 and PD 441].
Zandueta, 36 OG 3139 (1938); Moreno,
Phil. Law Dict., 2nd Ed., 1972, p. 660)]. Whenever praticable and convenient.
This phrase connotes a meaning which
Weight of evidence. The probative prevents an unbridled application of the
value or credit the court gives to a Rules of Court, as well as of all matters
particular evidence admitted to prove a incident thereto, for there is still need to
fact in issue. [Claridades, A., show and analyze if the extension would
Compilation of Notes, 2001-2006]. help attain the objective of the law or
would tend to defeat it. [Morente v.
Welfare state concept. Under this Filamor, 52 Phil., 289].
concept, private property does not
constitute for anyone an absolute and Whereas clauses. They do not form part
unconditioned right. All men are equal in of a statute, strictly speaking; they are
their right to a decent life. It is not a not part of the operative language of
system of justice where one man is very the statute. Nonetheless, whereas
wealthy and another very poor. Where clauses may be helpful to the extent
such a situation exists on a national they articulate the general purpose or
scale, it becomes a matter of social reason underlying a new enactment.
justice. [Alalayan v. Napocor (24 SCRA [Llamado v. CA, GR 84850. June 29,
172, 181-182 (1968)]. 1989]. Also Preambulatory clauses.
Wenphil doctrine. The principle that Whistle device. Any of the various kinds
teaches, as in other cases, that where of firecrackers or pyrotechnic designed
the dismissal of an employee is for a to either simply emit a whistle-like
just cause but without due process, the sound or explode afterwards upon being
employer must indemnify the dismissed ignited. [Sec. 2, RA 7183].
employee. [Wenphil Corp. v. NLRC, GR
80587, 8 Feb. 1989, 170 SCRA 69]. White slave trade. Crim. Law. The
felony committed by any person who, in
Wet-nursing. The feeding of a newborn any manner, or under any pretext, shall
from another mother's breast when engage in the business or shall profit by
his/her own mother cannot breastfeed. prostitution or shall enlist the services of
[Sec. 3, RA 7600]. any other for the purpose of
prostitution. [Art. 341, RPC, as amended
Wharf. A continuous structure built by BP 186].
parallel to along the margin of the sea
or alongside riverbanks, canals or Whole eye. The entire eye ball minus the
waterways where vessels may lie conjunctiva after it has been enucleated
alongside to receive or discharge cargo, from the orbit. [Sec. 4, DOH Admin.
embark or disembark passengers, or lie Order 11-95].
at rest. [Sec. 3, PD 857].
Wholesale. A sale where the purchaser
Wharfage. A fee assessed against the buys or imports the commodities for
cargo of a vessel engaged in foreign or resale to persons other than the end
domestic trade based on quantity, user regardless of the quantity of the
weight, or measure received and/or transaction. [Sec. 131, RA 7160].
discharged by vessel. [Sec. 131, RA
7160]. Wholesale posted price (WPP). The
ceiling price of petroleum products set
by the Energy Regulatory Board based

690
on its duly approved automatic pricing commercial purposes. [Sec. 5, RA

formula. [Sec. 4, RA 8479]. 9147].
Wholesaler. Every person who acts as a Wildlife farm or culture permit. A

jobber, merchant, broker or agent, who permit to develop, operate and maintain
sells or distributes for resale a wildlife breeding farm for
pharmaceuticals, proprietary medicines conservation, trade and/or scientific
or pharmaceutical specialties. [Sec. 42, purposes. [Sec. 5, RA 9147].
RA 5921].
Wildlife sanctuary. An area which
Wholesaling. Selling to retailers or assures the natural conditions necessary
jobbers rather than to consumers or a to protect nationally significant species,
sale in large quantity to one who groups of species, biotic communities or
intends to resell. [Marsman & Co. v. physical features of the environment
First Coconut Central Co., GR L-39841. where these may require specific human
June 20, 1988, citing Black's Law Dict., manipulation for their perpetuation.
5th Ed.]. [Sec. 4, RA 7586].
Wholly-owned subsidiary Will. 1. An act whereby a person is

corporation. A corporation that is permitted, with the formalities
organized or a corporation already in prescribed by law, to control to a certain
existence wherein one hundred per cent degree the disposition of his estate, to
(100%) of its shares of stock are owned take effect after his death. [Art. 783,
or controlled by the organizing or CC]. 2. A personal, solemn, revocable
subscribing Authority, in this case, the and free act by which a capacitated
Phil. Tourism Authority, to carry out or person disposes of his property and
accomplish its purpose. [Sec. 38, PD rights and declares or complies with
564]. duties to take effect after his death.
[Vitug v. CA, GR 82027. Mar. 29, 1990].
Wholly-owned subsidiary of a 3. A legal declaration that disposes of a
person. A company ninety-five per person's property when that person
centum or more of the outstanding dies. [Glossary of Legal Terms (Pro-Se),
voting securities of which are owned by 2004]. 4. A written and signed
such person, or by a company which, statement, made by an individual, which
within the meaning of Sec. 3 of RA provides for the disposition of his
2629, is a wholly-owned subsidiary of property when he dies. [Duhaime's
such person. [Sec. 3, RA 2629]. See Legal Dict., 2004]. Also called Last will
Majority-owned subsidiary of a and testament. See also Codicil and
person. Probate.
Wife's separate estate. That from Willful. An act done intentionally,

which the dominion and control of the knowingly, and purposely, without
husband is excluded, and from which he justifiable excuse, as distinguished from
is to derive no benefit by reason of the an act done carelessly, thoughtlessly,
marital relation. It may be equitable or heedlessly or inadvertently [Tiu v. NLRC,
statutory, according to the mode of its GR 83433. Nov. 12, 1992, citing Black's
creation. [Ossorio v. Posadas, GR Law Dict., 5th Ed., 1434].
31088. Dec. 3, 1929, citing 30 Corpus
Juris, 795]. Willful breach. Such breach which is
done intentionally, knowingly and
Wildlife. Wild forms and varieties of flora purposely, without justifiable excuse, as
and fauna, in all developmental stages, distinguished from an act done
including those which are in captivity or carelessly, thoughtlessly, heedlessly or
are being bred or propagated. [Sec. 5, inadvertently. [Intl. Harvester Macleod,
RA 9147]. Inc. v. IAC, GR 73287, May 18, 1987,
149 SCRA 641].
Wildlife collector's permit. A permit to
take or collect from the wild certain Willful breach of trust. An act done
species and quantities of wildlife for intentionally, knowingly, and purposely,

691
without justifiable excuse, as Wills, forms of. Every will must be in

distinguished from an act done writing and executed in a language or
carelessly, thoughtlessly, heedlessly or dialect known to the testator. [Art. 804,
inadvertently. [Tiu v. NLRC, GR 83433. CC].
Nov. 12, 1992, citing Black's Law Dict.,
5th Ed., 1434). Wills, witnesses to. Any person of
sound mind and of the age of eighteen
Willful disobedience of the years or more, and not bind, deaf or
employer's lawful order. Requisites: dumb, and able to read and write, may
(a) The employee's assailed conduct be a witness to the execution of a will
must have been intentional and mentioned in Art. 805 of the Civil Code.
characterized by a wrongful and [Art. 820, CC].
perverse attitude; and (b) the order
violated must have been reasonable, Wilson or Tobar doctrine. Intl. Law. 1.
lawful, and made known to the The doctrine that precludes recognition
employee and should pertain to the to any government coming into
duties which he has been engaged to existence by revolutionary means so
discharge. [Nuez v. NLRC, 239 SCRA long as the freely elected
518, San Miguel Corp. v. Ubaldo, 218 representatives of the people thereof
SCRA 293, 300 citing Gold City have not constitutionally recognized the
Integrated Port Services v. NLRC, 189 country. [Sandoval, Pol. Law Reviewer
SCRA 811]. 2003]. 2. The doctrine which was first
expressed in a treaty concluded in 1907
Willful exposure to needless peril. A by the Central American republics at the
reckless risking of (ones own) that is suggestion of Foreign Minister Tobar of
almost suicidal in intent. [Sun Insurance Ecuador and was reiterated by President
Office, Ltd. v. CA, GR 92383. July 17, Woodrow Wilson of the United States in
1992]. Compare with Suicide. a public statement in 1913. [Cruz, Intl.
Willful misconduct. Acts impelled by an Compare with Estrada doctrine.
intention to violate the law, or in
persistent disregard of one's rights. It Window period. The period of time,
must be evidenced by a flagrantly or usually lasting from two weeks to six (6)
shamefully wrong or improper conduct. months during which an infected
[Luna v. CA, GR 100374-75. Nov. 27, individual will test negative upon HIV
1992]. testing but can actually transmit the
infection. [Sec. 4, RA 8496].
Will, how revoked. No will shall be
revoked except in the following cases: Winning bidders. Bidders who have
(a) By implication of law; or (b) by some received awards of contract or orders.
will, codicil, or other writing executed as [IRR on Supply & Prop. Mgt., per Sec.
provided in case of wills; or (c) by 383, LGC].
burning, tearing, canceling, or
obliterating the will with the intention of Wire tapping. 1. The crime committed
revoking it, by the testator himself, or by any person who, not being
by some other person in his presence, authorized by all the parties to any
and by his express direction. If burned, private communication or spoken word,
torn, cancelled, or obliterated by some shall tap any wire or cable, or by using
other person, without the express any other device or arrangement, to
direction of the testator, the will may secretly overhear, intercept, or record
still be established, and the estate such communication or spoken word by
distributed in accordance therewith, if using a device commonly known as a
its contents, and due execution, and the dictaphone or dictagraph or dictaphone
fact of its unauthorized destruction, or walkie-talkie or tape recorder, or
cancellation, or obliteration are however otherwise described; or by any
established according to the Rules of person, be he a participant or not in the
Court. [Art. 830, CC]. act or acts penalized in the next
preceding sentence, who shall
knowingly possess any tape record, wire

692
record, disc record, or any other such government for the collection of the tax
record, or copies thereof, of any in order to ensure its payment. [Bank of
communication or spoken word secured America v. CA, GR 103092. July 21,
either before or after the effective date 1994].
of RA 4200 in the manner prohibited by
said law; or to replay the same for any Without jurisdiction. Absence of a legal
other person or persons; or power to determine a case. [Bench Book
communicate the contents thereof, for Trial Court Judges, p. 2-86].
either verbally or in writing, or furnish
transcriptions thereof, whether complete Without prejudice. 1. When the
or partial, to any other person: dismissal of the previous action is
Provided, That the use of such record or without prejudice, the plaintiff has the
any copies thereof as evidence in any right to file another complaint against
civil, criminal investigation or trial of the principal. [Ang v. Fulton Fire Ins.,
offenses mentioned in Sec. 3 thereof, GR L-15862. July 31, 1961]. 2. A
shall not be covered by this prohibition. declaration that no rights or privileges of
[Sec. 1, RA 4200]. 2. An electronic the party concerned are waived or lost.
surveillance device which secretly listens In a dismissal, these words maintain the
in and records conversations held over a right to bring a subsequent suit on the
phone line. It is usually only allowed same claim. [Glossary of Legal Terms
with the permission of (the court) and if (Pro-Se), 2004].
it can be shown to be necessary for the
solving of a serious crime. [Duhaime's With prejudice. A declaration which
Legal Dict., 2004]. dismisses all rights. A judgment barring
the right to bring or maintain an action
Witch. One who practices the black art, on the same claim or cause. [Glossary
or magic; one regarded as possessing of Legal Terms (Pro-Se), 2004].
supernatural or magical power by
compact with an evil spirit, especially Witness. 1. Any person who, having
with the devil; a sorcerer or sorceress organs of sense, can perceive and,
now applied chiefly or only to women. perceiving, can make known his
[People v. Sario, GR L-20754 & L-20759. perception to others. [Sec. 1, PD 1731].
June 30, 1966]. 2. One who personally sees or perceives
a thing; one who testifies as to what he
Witchcraft. The practice or art of has seen, heard, or otherwise observed.
witches; the practice of black magic; [Glossary of Legal Terms (Pro-Se),
sorcery; enchantments; intercourse with 2004]. 3. The regular definition of this
evil spirits; also an instance of such word is a person who perceives an
practice. [People v. Sario, GR L-20754 & event by seeing, hearing, smelling or
L-20759. June 30, 1966]. other sensory perception. The legal
definition refers to the court-supervised
Withholding agent. Any person recital of that sensory experience, in
required to deduct and withhold any tax writing (deposition) or verbally
under the provisions of Sec. 57 of the (testimony). [Duhaime's Legal Dict.,
National Internal Revenue code. [Sec. 2004].
22, NIRC, as amended].
Witness Protection, Security and
Withholding tax. A tax deducted from a Benefit Act. RA 6981 entitled An Act
salary, wage, or other income on behalf providing for a witness protection,
of the government at the time of security and benefit program and for
payment of wages to the person who other purpose enacted on Apr. 24,
pays it. [Glossary of Legal Terms (Pro- 1991.
Se), 2004; Jurists Legal Dict., 2004].
Witness to the signature. See
Withholding tax system. A system Instrumental witness.
under which the payee is the taxpayer,
the person on whom the tax is imposed, Woman and Child Labor. RA 679.
while the payor, a separate entity, acts [Expressly repealed by the Labor Code].
no more than an agent of the

693
Women in Development and Nation loss or impairment of the employee's

Building Act. RA 7192 entitled An act earning capacity in the employment at
promoting the integration of women as which he was engaged when injured,
full and equal partners of men in the compensation payments being in
development and nation building and for lieu of wages or based on the loss
other purposes enacted on Feb. 12, thereof and on the idea of providing
1992. means of subsistence to the employees
during the time when his earning
Words of negotiability. See capacity has been partially or entirely
Negotiability, words of. destroyed. In other words, as long as
the employee is able to work and
Words of purchase. Words which receives his pay even if he is suffering
specifically name the person to whom from illness, he is not entitled to
land is being conveyed. The property is compensation. [Central Azucarera Don
conveyed to specifically and by name in Pedro v. de Leon, 101 Phil. 1141
a legal act such as a conveyance or will. (1959); Lombo v. Standard Cigarette
This would preclude, for example, Manufacturing Co., 58 SCRA 750
transfer as a result of intestacy. (1974)].
Workmen's Compensation Act. Act
Work animals. Animals ordinarily No. 3428, as amended. [Expressly
employed in a farm enterprise, such as repealed by the Labor Code].
carabaos, horses, bullocks, etc. [Sec.
166, RA 3844]. Work of fine art. All original works of art
like paintings, sculpture, drawings and
Worker. Any member of the labor force, artwork produced in multiples such as
whether employed or unemployed. [Art. graphic and photographic works and
13, LC]. sculpture casts, but shall not include
works intended to be mass-produced for
Workers in the formal sector. Workers commercial use. [Sec 3, RA 9105].
in registered business enterprises who
sell their services in exchange for wages Work of the Government of the
and other forms of compensation. [Sec. Philippines. A work created by any
3, RA 8425]. officer or employee of the Philippine
Government or any of its subdivisions
Workers in the informal sector. Poor and instrumentalities, including
individuals who operate businesses that government owned or controlled
are very small in scale and are not corporations as a part of his regularly
registered with any national government prescribed official duties. [Sec. 9, PD
agency, and to the workers in such 49].
enterprises who sell their services in
exchange for subsistence level wages or Workplace. The place or locality where
other forms of compensation. [Sec. 3, the employee is regularly assigned when
RA 8425]. the cause of action arose. It shall
include the place where the employee is
Working fund. The account to which all supposed to report back after a
investment incomes, premium incomes, temporary detail, assignment or travel.
and all other incomes shall be credited [Cruzvale v. Laguesma, GR 107610.
and against which all operating costs Nov. 25, 1994].
and other expenses, including claims
paid, shall be debited. [Sec. 3, RA World Wide Web (WWW). Internet
6424]. information system that provides access
to text, images, full-motion video, sound
Workmen's compensation. Liability for and other media connected by
compensation for loss resulting from hyperlinks. [Intl. Law Dict. & Direct.,
injury, disability or death of the 2004].
workingman through industrial accident
or disease. It is based on incapacity or Writ. 1. A judicial order directing a
disability for work, and hence on the person to do something. [Glossary of

694
Legal Terms (Pro-Se), 2004]. 2. An execution inequitable, or (g) the

official court document, signed by a controversy was never submitted to the
judge or bearing an official court seal, judgment of the court [ Intl. School v.
which commands the person to whom it Min. of Labor and Employment, GR
is addressed, to do something specific. 54243, July 21, 1989].
That person is typically either a sheriff
(who may be instructed to seize Writ of garnishment. An order of the
property, for example) or a defendant court whereby property, money, or
(for whom the writ is the first notice of credits in the possession of another
formal legal action. In these cases, the person may be seized and applied to
writ would command the person to pay a debtor's debt. It is used as an
answer the charges laid out in the suit, incident to or auxiliary of a judgment
or else judgment may be made against rendered in a principal action. [Glossary
him in his absence). of Legal Terms (Pro-Se), 2004].
Writ of attachment. Substantially a writ Writ of habeas corpus. A writ or order

of execution except that it emanates at directed to the person detaining another
the beginning, instead of at the and commanding him to produce the
termination, of a suit. It places the body of the prisoner at a certain time
attached properties in custodia legis, and place, with the day and cause of his
obtaining pendente lite a lien until the detention, to do, submit to, and receive
judgment of the proper tribunal on the whatsoever the court or judge awarding
plaintiff's claim is established, when the the writ shall consider in that behalf.
lien becomes effective as of the date of [Suarez, Pol. Law Reviewer, 1st Ed.,
the levy. [Santos v. Aquino, GR 86181- 2002, pp. 222-223, citing Blacks Law
82. Jan. 13, 1992]. Dict., 837 (1951)].
Writ of certiorari. An order issued by Writ of possession. An order whereby

the Supreme Court directing the lower the sheriff is commanded to place a
court to transmit records for a case for person in possession of a real or
which it will hear on appeal. [Glossary of personal property, such as when a
Legal Terms (Pro-Se), 2004]. property is extrajudicially foreclosed.
[AG Devt Corp. v. CA, GR 111662. Oct.
Writ of error. The method of appealing 23, 1997, citing Moreno, Phil. Law Dict.,
criminal cases where the appellate court 1972 and Sec. 7, Act 3135, as
can only consider errors assigned by the amended].
appellant and can not consider the facts
further than is necessary to reach a Writ of preliminary attachment. A
conclusion upon the errors assigned by provisional remedy issued upon order of
the appellant. [US v. Padilla, GR 1883. the court where an action is pending to
May 1, 1905]. be levied upon the property or
properties of the defendant therein, the
Writ of execution. An order of the court same to be held thereafter by the sheriff
evidencing debt of one party to another as security for the satisfaction of
and commanding the court officer to whatever judgment might be secured in
take property in satisfaction of the debt. said action by the attaching creditor
[Glossary of Legal Terms (Pro-Se), against the defendant (Adlawan v.
2004]. Tomol, 184 SCRA 31 [1990] citing Virata
v. Aquino, 53 SCRA 30-31 [1973]).
Writ of execution, quashing of. A writ
may be quashed or recalled only when: Writ of preliminary injunction. 1. A
(a) it appears that it has been provisional remedy in the form of an
improvidently issued, (b) the writ is order issued by a judge before whom
defective in substance, or (c) it is issued the action is pending at any stage
against the wrong party, or (d) the thereof prior to final judgment requiring
judgment debt has been paid, or (e) the a person to refrain from a particular act.
writ has been issued without authority, It may also require the performance of a
or (f) there is a change in the situation particular act in which case it shall be
of the parties which makes such known as preliminary mandatory

695
injunction. 2. At times referred to as the

strong arm of equity, the writ of
preliminary injunction, whether
prohibitory or mandatory, is sought for
the protection of the rights of a party
before the final determination of his
rights vis--vis others' in a pending case
before the court. [Heirs of Roxas v. IAC,
GR 78618. May 29, 1989]
Writ of preliminary injunction,

issuance of. Requisites: (a) There
must be a right in esse or the existence
of a right to be protected; and (b) the
act against which the injunction is to be
directed is a violation of such right.
[Cagayan de Oro City Landless
Residents Assoc. v. CA, GR 106043,
Mar. 4, 1996 citing Sales v. SEC, 169
SCRA 109 (1989)].
Writ of sequestration. Essentially a

conservatory measure, somewhat in the
nature of a judicial deposit. It is a
process which may be employed as a
conservatory writ whenever the right of
the property is involved, to preserve,
pending litigation, specific property
subject to conflicting claims of
ownership or liens and privileges.
[Bataan Shipyard Engg. Co. Inc. v.
PCGG, GR 75885. May 27, 1987, citing
79 CJS, 1047].
Written constitution. A constitution

whose precepts are embodied in one
document or set of documents. [Cruz,
Constl. Law, 1998 Ed., p. 4]. Compare
with Unwritten constitution.
Wrongful dismissal. Being fired from a

job without an adequate reason or
without any reason whatsoever.
Employees do not have a right to a job
for life and can be dismissed for
economic or performance reasons but
they cannot be dismissed capriciously.
Most employment implies an
employment contract, which may be
supplemented by labor legislation. Either
could provide for certain procedures to
be followed, failing which any firing is
wrongful dismissal and for which the
employee could ask a court for damages
against the employer. [Duhaime's Legal
Dict., 2004].

696
-X-
X-ray technology. An auxiliary branch of
radiology which deals with the technical
application of x-rays as aid in the
diagnosis of diseases and injuries. [Sec.
3, RA 7431].
X-ray technologist. A bonafide holder

of a certificate of registration for x-ray
technology issued by the Board of
Radiologic Technology. [Sec. 3, RA
7431].
-Y-
Yalta voting formula. The voting rule in
the Security Council whereby a decision
on procedural matters is to be made by
the affirmative vote of any nine
members of the Council while a decision
on non-procedural or substantive
matters requires the concurrence of as
many members of the body but
including all the permanent members.

697

28].
Yamin. Oath under the unique Islamic

rule of procedure. [Tampar v. Usman,
GR 82077. Aug. 16, 1991]. -Z-
Yawa. Vis. Devil. [Madrona v. Rosal, GR Zakat. The term has the meaning
39120. Nov. 21, 1991]. assigned to it by Islamic law and
jurisprudence as expounded by
Yellow dog contract. 1. A name given authoritative sources; in the context of
in labor law to contract of employment RA 6848, it represents an annual tithe
by which the employee agrees to forfeit payable by the Bank on behalf of its
his employment if he joins a union shareholders and investors in
during the period of employment. compliance with Islamic Shari'a
[Adame v. CIR, GR L-33221 & L-33262- principles. [Sec. 44, RA 6848].
63. Apr. 28, 1975]. 2. A name given to a
contract of employment by which the Zona. The dreaded military operation
employee agrees to forfeit their which was not unlike the feared practice
employment if he joins a union during of the kempeitai during the Japanese
the period of employment. This type of Occupation of rounding up the people in
contract is now prohibited in most a locality, arresting the persons fingered
jurisdictions. [Duhaime's Legal Dict., by a hooded informer, and executing
2004]. them outright (although the last part is
not included in the modern refinement).
Youth. 1. Persons fifteen (15) to thirty [Alih v. Castro, GR L-69401. June 23,
(30) years old. [Sec. 3, RA 8425]. 2. 1987].
Those persons whose ages range from
fifteen (15) to thirty (30) years old. Zonal Improvement Program (ZIP).
[Sec. 4, RA 8044]. The program of the National Housing
Authority (NHA) of upgrading and
Youthful offender. A child, minor or improving blighted squatters areas
youth, including one who is within the cities and municipalities of
emancipated in accordance with law Metro Manila pursuant to existing
who is over nine years but under statutes and pertinent executive
eighteen years of age at the time of the issuances. [Sec. 3, RA 7279].
commission of the offense. [Art. 189, PD
1179]. Zone resident in secured area. Any
individual who, by virtue of domicile or
Youth organizations. Those employment, resides on permanent
organizations whose membership/ basis in the secured area. The term
composition are youth. [Sec. 4, RA does not include individuals who have
8044]. entered into short or long-term property
lease but are not engaged in registered
Youth-serving organizations. Those business activity in the zone, outsiders
registered organizations or institutions engaged in doing business within the
whose principal programs, projects and zone, transients and/or weekenders.
activities are youth-oriented and youth- [Customs Admin. Order 3-95, Dec. 6,
related. [Sec. 4, RA 8044]. 1995].
Zoning. The confining of certain classes

of buildings and uses to certain
localities, areas, districts or zones. It is
the division of the municipality into
districts and the regulation of buildings
and structures within the districts so
created in accordance with their
construction, and nature and extent of
their use. It is a dedication of districts

698
delimited to particular uses designed to

subserve the general welfare.
[Pampanga Bus Co. v. Mun. of Tarlac,
GR L-15759. Dec. 30, 1961].
Zoning law or ordinance. 1. A local

legislation approving the
development/land providing for the
regulations and other conditions on the
uses of land including the limitation on
the infrastructure that may be placed
within the territorial jurisdiction of a city
or municipality. [Sec. 4, RA 8435]. 2.
Either both national or local city or
municipal legislation which logically
arranges, prescribes, defines and
apportions a given political subdivision
into specific land uses as present and
future projection of needs warrant.
[Sec. 4, PD 449].

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1

Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

relinquishment, abandonment is a returning. Mere absence is not

Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

Abortion. The knowing destruction of the Abrasion. A scrapping or rubbing off.

Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

Absoluta sententia expositore non Absolute simulation of a contract. 1.

Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

Abuse of right. A person may be liable Abusos deshonestos. Sp. Abuse of

Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

of Notes, 2001-2006]. 2. A clause in a [Prudential Bank v. IAC, GR 74886. Dec.

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happens by reason of some violence or

Accident. An event that takes place Accin pauliana. Also Rescissory

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2. Action where plaintiff merely alleges instrument to a holder for value

Accin subrogatoria. Also Accommodation party. Requisites: To

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individual capacity, or as a partner or appropriate authority, in coordination

Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

depreciation. The accumulated the Government or to a government

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Acting. Holding a temporary rank or Action quasi in rem. Rem. Law. An

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are in a general way thus designated. or commercial production as determined

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intent to kill, shall inflict upon another

Adjunction. See Conjunction. Administrative agencies. Agencies

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Administrative law. 1. That law which

Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

Administrator. 1. The person entrusted Admission by conspirator. Evid.

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Admonish. To advise or caution. For antecedent, unless it be prevented by

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his work or industry by onerous or Adverse possession. 1. The possession

Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

Advertisement of talent or skill, Aequitas non facit jus, sed juri

Alvin Claridades Legal and Jurisprudential Lexicon for Law Students

Affidavit of merit. An affidavit showing Affirmed. In the practice of appellate

Affinity. The connection existing in Affreightment contract. 1. A contract

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instrument. [Claridades, A., Compilation of employment to help defray the union

Agency contract. A contract whereby a Agente de negocios. Sp. See Business

Agency shop. Labor. An agreement Aggravated illegal possession of

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competitive yet centered on human or receiving the property taken by such

Aide-memoire. Literally means aid to Aircraft engine. An engine used or

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113691. Feb. 6, 1998., citing Webster's

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execution of the will in accordance with instrument. [Cuenco v. Laya, GR L-

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Alternat. Intl. Law. An arrangement and includes the appointment of a third-

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Alumina smelting and refining. The revoked, such as a will. [Duhaime's