LEGAL WRITING
DEFINITION OF TERMS
1. A quo
The Latin phrase literally means from which.
For example, court a quo refers to a court from which
an appeal has been taken.
2. Acquittal
The legal certification, by court verdict, that an
accused person is not guilty of the charged offense.
When a person accused of a crime is legally
freed by a court generally as a result of lack of
evidence.
3. Act of state doctrine
Every sovereign state is bound to respect the
independence of every other state, and the courts of
one country will not sit in judgment on the acts of the
government of another, done within its territory.
Redress of grievances by reason of such acts must be
obtained through the means open to be availed of by
sovereign powers as between themselves (Underhill
vs. Hernandez cited in PCGG vs. Sandiganbayan).
4. Action in Personam
It is an action against a person on the basis of his
personal liability (Hernandez vs. Rural Bank of
Lucena, Inc.).
It is said to be one which has for its object a
judgment against the person. It is a proceeding to
enforce personal rights or obligations; such action is
brought against the person (Macasaet vs. Co, Jr.)
5. Action in Rem
It is an action against the thing itself, instead of
against the person (Hernandez vs. Rural Bank of
Lucena, Inc.).
It may be defined as an action or proceeding
instituted against a thing and not against a particular
person (Storeys Will cited in Lopez vs Director of
Lands).
6. Actionable
That for which an [a legal] action will lie;
furnishing legal ground for an action
It refers to a situation where the existing facts
adequately meet the legal requirements to file a
legitimate lawsuit.
7. Actual Case or Controversy
It is one which involves a conflict of legal rights,
an assertion of opposite legal claims, susceptible of
judicial resolution as distinguished from a
hypothetical or abstract difference or dispute.
(Province of North Cotabato vs. GRP)
There must be a contrariety of legal rights that
can be interpreted and enforced on the basis of
existing law and jurisprudence. (Province of North
Cotabato vs. GRP)
8. Ad Litem
The Latin phrase means for the suit or for the
purpose of legal action. For example, a guardian ad
litem is a person appointed by the court to prosecute
or defend a suit on behalf of a legally incapacitated
person.
9. Adjudicate
It means to settle in the exercise of judicial
authority; to determine finally; or to render or award
judgment. Adjudication is defined as a judgment or a
determination in the exercise of judicial power
(Carino vs. CHR).
10. Admission
It is an act, declaration or omission of a party
signifying voluntary acknowledgement or concession
as to the existence of a fact or the truth of an allegation.
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11. Adverse Party
It means a party against whom judgment is
sought or a party interested in sustaining a judgment
or decree.
12. Affidavit
It pertains to any written document in which the
signer [affiant] swears under oath, before a notary
public or someone authorized to take oaths, that the
statements in the document are true
It is a written statement of facts voluntarily
made by an affiant under an oath or affirmation
administered by a person authorized to do so by law.
13. Affidavit of Desistance
It is an oath or affirmation reduced to writing,
and sworn to by a complaining party before some
officer who has authority to administer it, for the
purpose of withdrawing the complaint
14. Affirmative Defense
It is an allegation of a new matter which, while
hypothetically admitting the material allegations in
the pleading of the claimant, would nevertheless
prevent or bar recovery by him. The affirmative
defenses include fraud, statute of limitations, release,
payment, illegality, statute of frauds, estoppel, former
recovery, discharge in bankruptcy, and any other
matter by way of confession and avoidance (Rules of
Court).
15. Alias Writ
It is a second writ issued in the same cause,
where a former writ of the same kind had been issued
without effect. In such case, the language of the
second writ is, We command you, as we have before
commanded you.
16. Allegata et Probata
It translates as he who alleges must prove his
case.
17. Alternative Dispute Resolution
It is any process or procedure used to resolve a
dispute or controversy, other than by adjudication of a
presiding judge of a court or an officer of a
government agency, in which a neutral third party
participates to assist in the resolution of issues, which
includes arbitration, mediation, conciliation, early
neutral evaluation, mini-trial, or any combination
thereof (RA 9285)
18. Amicus Curiae
Literally means friend of the court, amicus
curiae is an experienced and impartial attorney who
may be invited by the Court to help in the disposition
of issues submitted to it (Rules of Court)
19. Answer
It is a pleading in which a defending party sets
forth his defenses (Rules of Court).
20. Appeal
It is the process of elevating to a higher court,
pursuant to established rules, any decision, order or
ruling of a lower court or quasi-judicial body.
21. Appeal by Certiorari
Certiorari is an appellate proceeding for re-
examination of action of inferior tribunal or as
auxiliary process to enable appellate court to obtain
further information in pending cause. (Black's Law
4th ed.)
Defined as writ issued from a superior court to
an inferior court or tribunal commanding the latter to
send up the record of a particular case (Remedios
Layag, Et Al. vs. Juan Gerardo 119 Phil. 1121).
22. Appearance
A coming into court as party to a suit,
whether as plaintiff or defendant. The formal
proceeding by which a defendant submits himself to
the jurisdiction of the court.
"Appearance" is the act of appearing, coming, or
being in sight, becoming visible or clear to
apprehension of the mind, of being known as subject
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of observation or comprehension, or as a thing proved,
of being obvious or manifest. (Black's Law 4th ed.)
23. Appellant
The party who takes an appeal from one court or
jurisdiction to another. (Black's Law 6th ed.)
24. Appellee
The party in a cause against whom an appeal
is taken; that is, the party who has an interest adverse
to setting aside or reversing the judgment (Black's
Law 4th ed.).
25. Arraignment
To bring a prisoner to the bar of the court to
answer the matter charged upon him in the indictment.
Consists of calling upon prisoner by name, and
reading to him the indictment, and demanding of him
whether he be guilty or not guilty, and entering his
plea (Black's Law 4th ed.).
26. Assignment of Errors
Which is in the nature of a pleading by the
plaintiff in error or appellant, is not only to inform the
appellate court of the exact complaint against rulings,
whereby, if the complaint be sustained, a judgment or
decree may be changed or reversed.
"Assignment of error" is formal complaint of
some action of trial court (Black's Law 4th ed.).
27. Attachment
Defined as a provisional remedy by which the
property of an adverse party is taken into legal custody,
either at the commencement of an action or at any time
thereafter, as a security for the satisfaction of any
judgment that may be recovered by the plaintiff or any
proper party (Oscar T. Olib, Et Al. Vs. Edelwina C.
Pastoral, Et Al.)
28. Best Evidence Rule
When the subject of inquiry is the contents of a
document, no evidence shall be admissible other than
the original document itself, except in the following
cases: (a)When the original has been lost or destroyed,
or cannot be produced in court, without bad faith on
the part of the offeror; (b)When the original is in the
custody or under the control of the party against whom
the evidence is offered, and the latter fails to produce
it after reasonable notice; (c)When the original
consists of numerous accounts or other documents
which cannot be examined in court without great loss
of time and the fact sought to be established from them
is only the general result of the whole; and (d)When
the original is a public record in the custody of a public
officer or is recorded in a public office. [Section 3,
Rule 130, Rules of Court]
29. Burden of Evidence
It is the duty of producing evidence as the case
progresses (Black's Law 4th ed.).
Is the duty of any party to present evidence to
establish his claim or defense by the amount of
evidence required by law, which is preponderance of
evidence in civil cases.
30. Burden of Proof (Lat. Onus Probandi)
The necessity or duty of affirmatively proving a
fact or facts in dispute on an issue raised between the
parties in a cause (Black's Law 4th ed.).
The party, whether plaintiff or defendant, who
asserts the affirmative of the issue has the burden of
proof to obtain a favorable judgment. For the plaintiff,
the burden of proof never parts. For the defendant, an
affirmative defense is one which is not a denial of an
essential ingredient in the plaintiff's cause of action,
but one which, if established, will be a good defense -
i.e. an "avoidance" of the claim. (DBP Pool of
Accredited Insurance Companies vs. Radio
Mindanao Network, Inc)
31. Capacity to Act
It is the power to do acts with legal effect; it is
acquired by the attainment of certain requisites fixed
by law and may be lost. It can be modified, limited or
restricted.
32. Case at Bar
A case presently before the court; a case under
argument.
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33. Case at Bench
A variant of case at bar, cast from the judges
rather than the counsels point of view.
34. Chose in Action
The right to bring a lawsuit to recover chattels
, money, or a debt. A comprehensive term used to
describe a property or the right to possession of
something that can only be obtained or enforced
through legal action.
35. Circumstantial Evidence
Is defined as evidence which indirectly proves a
fact in issue, where the fact finder must draw an
inference or reason from the evidence established
much like a tapestry forming a pattern from its
interwoven strands. [People vs Caparas, G.R. Nos.
121811-12, May 14, 1998]
36. Civil Action
Is one by which a party sues another for the
enforcement or protection of a right, or the prevention
of redress of a wrong. (Republic of the Philippines vs
Court of Appeals)
37. Civil Contempt
Consists in failing to do something ordered to
be done by a court in a civil action for the benefit of
the opposing party therein and is, therefore, an offense
against the party in whose behalf the violated order is
made. Civil contempt proceedings are generally held
to be remedial and civil in their nature; that is, they are
proceedings for the enforcement of some duty, and
essentially a remedy for coercing a person to do the
thing required Civil contempt proceedings should be
instituted by an aggrieved party, or his successor, or
someone who has a pecuniary interest in the right to
be protected. Since the purpose of civil contempt
proceedings is remedial, the defendant's intent in
committing the contempt is immaterial. Hence, good
faith or the absence of intent to violate the court's order
is not a defense in civil contempt. (People vs. Danny
Godoy)
38. Civil Liability
Potential responsibility for payment of
damages or other court-enforcement in a lawsuit.
39. Civil Obligation
One which binds in law, and may be enforced
in a court of justice (Black's Law 4th ed.).
40. Class Suit
When the subject matter of the controversy is
one of common or general interest to many persons so
numerous that it is impracticable to join all as parties,
a number of them which the court finds to be
sufficiently numerous and representative as to fully
protect the interests of all concerned may sue or
defend for the benefit of all. Any party in interest shall
have the right to intervene to protect his individual
interest. [Section 12, Rule 3, Rules of Court]
41. Clean Hands Doctrine
States that party requesting equity and judicial
action must not be involved in any inequitable or
fraudulent dealings.
42. Complaint
A statement that a situation is unsatisfactory or
unacceptable.
43. Conclusive Presumption
Conclusive Presumption or absolute
presumption or irrebuttable presumption of law refers
to presumption which cannot be overcome or changed
by any additional evidence or argument. It refers to
rules of law and are usually mere fictions.
44. Confession and Avoidance
A plea in confession and avoidance is one which
avows and confesses the truth of averments of fact in
the declaration, either expressly or by implication, but
then proceeds to allege new matter which tends to
deprive the facts admitted of their ordinarily legal
effect, or to obviate, neutralize, or avoid them.
45. Consent Judgement
A judgment issued by a judge based on an agr
eement between the parties to a lawsuit to settle the
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 matter, aimed atending the litigation with a judgment 53. Culpa Aquiliana
that is enforceable.
Culpa Aquiliana is the wrongful or
46. Contempt of Court negligent act or omission which creates
a vinculum juris and gives rise to an
The act of demeaning the court, preventing obligation between two persons not formally
justice administration, or disobeying a sentence of the bound by any other obligation.
court. It is criminal and can lead to fines or
imprisonment. 54. Culpa Contractual

47. Costs of Suit Culpa Contractual is the fault or

The expenses incurred in relation to a legal
action that may be awarded by the court, usually
(although not always) to the party who wins. The
expenses of a suit or action which may be recovered
by law from the losing party.
negligence incident in the performance of an
obligation which already existed, and which
increases the liability from such already
existing obligation.
55. Custodia Legis

48. Court-Annexed Mediation In custody of the law

Court-Annexed Mediation is a voluntary 56. Decision

process conducted under the auspices of the court by
referring the parties to the Philippine Mediation A conclusion or resolution reached by the court
Center (PMC) Unit for the settlement of their dispute, after consideration.
assisted by a Mediator accredited by the Supreme
Court. 57. Declaratory Relief

49. Court-Referred Mediation Declaratory relief is a proper remedy to question

Court-referred mediation is mediation ordered
by a court to be conducted in accordance with an
agreement of the parties when an action is prematurely
commenced in violation of such agreement.
50. Criminal Action
The proceeding by which a party charged with a
public offense is accused and brought to trial and
punishment is known as a criminal action.
acts which are not judicial or quasi-judicial in nature.
58. Default
Default is a failure to fulfill an obligation,
especially to repay a loan or appear in a court of law.
59. Dispositive Portion
A fact or point of law which brings about the
settlement of a contested issue.

51. Criminal Contempt 60. Disputable Presumption

The action that is taken against a person who
disobeys, or acts contemptuously or demeans the court
of law.
52. Criminal Liability
The liability that arises out by committing a
felony or violating a special penal law.
A presumption of law, which may be rebutted or
disproved. May be controverted by other evidence.
61. Dissenting Opinion
The opinion in which a judge announces his
dissent from the conclusions held by the majority of
the court, and expounds his own views. (Blacks Law
Dictionary 2nd Ed)

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62. Early Neutral Evaluation
Early neutral evaluation is an alternative
dispute resolution process whereby 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 of the dispute. (Effective
Tool I Settlement of Business Disputes, Justice
Myrna Vidal, Court of Appeals)
63. Entry of Judgement
The term given to the written record of a
court's decision and is in the permanent records of the
court. (Blacks Law Dictionary 2nd Ed.)
After a judgment has become final, it shall be
entered in accordance with Rule 36. (Sec. 8, Rules of
Court)
64. Ex Parte
A motion that is made in a court with no notice The
being given to the party opposing. (Blacks Law Dictionarycourt is fatal to ones cause of action. The doctrine of
2nd Ed.)
65. Excess of Jurisdiction
Means that an act, though within the general
power of a tribunal, a board or an officer is not
authorized, and is invalid with respect to the particular 68.
proceeding, because the conditions which alone
authorize the exercise of the general power in respect
of it are wanting. (Rule 45, Rules of Court)
Power is exercised in an arbitrary or despotic
manner by reason of passion, prejudice, or personal
hostility; and such exercise is so patent or so gross as
to amount to an evasion of a positive duty or to a
virtual refusal either to perform the duty enjoined or
to act at all in contemplation of law. (Madrigal
Transport Inc v. Lapanday Holdings Corporation,
G.R. No. 1560670)
66. Execution
The completion, fulfillment, or perfecting of
anything, or carrying it into operation and effect.
The signing, sealing, and delivery of a deed.
The signing and publication of a will.
The performance of a contract according to its
terms.
The last stage of a suit, whereby possession is
obtained of anything recovered.
It is styled final process, and consists in
putting the sentence of the law in force. (Blacks Law
Dictionary 2nd Ed.)
67. Exhaustion of Administrative Remedies
Before a party is allowed to seek the
intervention of the court, it is a pre-condition that he
should have availed of all the means of administrative
processes afforded him. Hence, if a remedy within the
administrative machinery can still be resorted to by
giving the administrative officer concerned every
opportunity to decide on a matter that comes within
his jurisdiction, then such remedy should be exhausted
first before the courts judicial power can be sought.
of premature invocation of the intervention of the
exhaustion of administrative remedies is based on
practical and legal reasons. The availment of
administrative remedy entails lesser expenses and
provides for a speedier disposition of controversies.
(UP v. Catungal, Jr., et al., G.R. No. 121863)
Fallo
In Spanish law. The final decree or judgment
given in a controversy at law. (Blacks Law
Dictionary 2nd Ed.)
69. Final Judgement
The "final" judgment is then correctly
categorized as a "final and executory judgment" in
respect to which, as the law explicitly provides,
"execution shall issue as a matter of right."
It bears stressing that only a final judgment or
order, i.e., "a judgment or order that finally dispose of
the action of proceeding" can become final and
executory. (City of Manila v. Court of Appeals, G.R.
No. 100626)
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70. Final Order
Disposes of the subject matter in its entirety or
terminates a particular proceeding or action, leaving
nothing more to be done except to enforce by
execution what the court has determined. (Garrido v.
Tortogo, et al., G.R. No. 156358)
71. Forum Shopping
Exists when, as a result of an adverse judgment
in one forum, a party seeks another and possibly
favorable judgment in another forum other than by
appeal or special civil action for certiorari.
There is also forum shopping when a party
institutes two or more actions or proceedings
grounded on the same cause, on the gamble that one
or the other court would make a favorable
disposition. (Mun. of Taguig v. CA, G.R. No.
142619)
72. Hearsay Rule
Evidence is hearsay when its probative force
depends in whole or in part on the competency and
credibility of some persons other than the witness by
whom it is sought to produce. However, while the
testimony of a witness regarding a statement made by
another person given for the purpose of establishing
the truth of the fact asserted in the statement is clearly
hearsay evidence, it is otherwise if the purpose of
placing the statement on the record is merely to
establish the fact that the statement, or the tenor of
such statement, was made.
73. Hierarchy of Courts
A higher court will not entertain direct
resort to it unless the redress cannot be
obtained in the appropriate courts.
This is an ordained sequence of recourse
to courts vested with concurrent jurisdiction,
beginning from the lowest, on to the next
highest, and ultimately to the highest. This
hierarchy is determinative of the venue of
appeals, and is likewise determinative of the
proper forum for petitions for extraordinary
writs. This is an established policy necessary
to avoid inordinate demands upon the Courts
time and attention which are better devoted to
those matters within its exclusive jurisdiction,
and to preclude the further clogging of the
Courts docket.
The SC is a court of last resort. It cannot
and should not be burdened with the task of
deciding cases in the first instances. Its
jurisdiction to issue extraordinary writs should
be exercised only where absolutely necessary
or where serious and important reasons exist.
While the Supreme Court, the Court of
Appeals, and the Regional Trial Courts have
concurrent original jurisdiction to issue writs
of certiorari,
prohibition, mandamus, quo warranto and hab
eas corpus, such occurrence does not accord
litigants unrestrained freedom of choice of the
court to which application therefore maybe
directed. The application should be filed with
the court of lower level unless the importance
of the issue involved deserves the action of the
court of higher level. (Uy v. Contreras, 237
SCRA 167)
74. Implead
To sue or prosecute by due course of
law. (Blacks Law Dictionary 2nd Ed.)
75. In Pari Materia
Statutes are in pari materia when they relate to
the same person or thing or to the same class of
persons or things, or object, or cover the same specific
or particular subject matter. (OSG v. CA, G.R. No.
199027)
76. In Re
In the affair; in the matter of.
This is the usual method of entitling a judicial
proceeding in which there are not adversary parties,
but merely some res concerning which judicial
action is to be taken. (Blacks Law Dictionary 2nd
Ed.)
77. Indirect Contempt
Contempt of court is disobedience to the court
by acting in opposition to its authority, justice and
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dignity. It signifies not only a willful disregard or
disobedience of the courts orders but also conduct
tending to bring the authority of the court and the
administration of law into disrepute or, in some
manner, to impede the due administration of justice.
Indirect contempt is one not committed in the
presence of a court. It is an act done at a distance
which tends to belittle, degrade, obstruct or embarrass
the court and justice. (Siy v. NLRC, G.R. No. 158971)
78. Interpleader
Interpleader is a person who has property in
his possession or an obligation to render, wholly or
partially without claiming any right therein, or an
interest in which in whole or in part is not disputed by
the claimants, comes to court and asks that the
persons who consider themselves entitled to demand
compliance with the obligation be required to litigate
among themselves in order to determine finally who
is entitled to the same.
Interpleader is a special civil action filed by a
person against whom two conflicting claims are made
upon the same subject matter and over which he
claims no interest, to compel the claimants to
interplead and to litigate their conflicting claims
among themselves (Sec. 1). (Rule 62, The 1997
Rules of Civil Procedure)
79. Intervenor
Means a person who participates in a pending
matter or proceeding as a party of record by statutory
right. (Rule 2, Energy Regulatory Commission)
An intervenor is a person who voluntarily
interposes in an action or
other proceeding with the leave of the court.
(Blacks Law Dictionary 2nd Ed.)
80. Ipso Facto
A Latin phrase that means by the act itself or
by the mere fact. (Blacks Law Dictionary 2nd Ed.)
81. Ipso Jure
By the act of the law itself, or by mere
operation of law.
Example: The securities sale was ipso
jure unlawful.
82. Joinder of Actions
This means to combine two or more issues,
rights and demands in the one lawsuit.
Under certain circumstances, a plaintiff may
join several causes of action or claims for relief, in one
complaint, declaration, or petition, even though each
could have been the basis for a separate lawsuit. This
procedure is not the same as the common one in which
a plaintiff relies on more than one theory of recovery
or mode of redress to correct a single wrong.
83. Judgment
The official and authentic decision of a court
of justice upon the respective rights and claims of the
parties to an action or suit therein litigated and
submitted to its determination.
The final determination of the rights of the
parties in an action or proceeding.
The sentence of the law pronounced by the
court upon the matter appearing from the
previous proceedings in the suit. It is the conclusion
that naturally follows from the premises of law and
fact.
The determination or sentence of the law,
pronounced by a competent judge or court, as though
result of an action or proceeding instituted in such
court, affirming that, upon the matters submitted for
its decision, a legal duty or liability does or does not
exist.
84. Judgment on the Merits
Used for the decision of a court that is based
on the facts that have been presented.
A judgment based on the ultimate facts or state
of facts disclosed by the pleadings and evidence upon
which the right of recovery depends. It amounts to a
declaration as to the respective rights and duties of the
parties. A judgment on the merits is final for purposes
of appeal even though the recoverability or amount of
attorney's fees for the litigation remains to be
determined.
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85. Judgment on the Pleadings
A judgment rendered by the court prior to a
verdict because no material issue of fact
exists and one party or the other is entitled to a judg
ment as a matter of law
86. Judicial Admission
Judicial admission means an admission made
by a party in a judicial proceeding relating to an
opposing partys assertion, or a failure to officially
dispute an assertion. Judicial admission must be in
writing except when they are part of the court record.
Generally, judicial admission is treated as an
incontrovertible fact in the remaining court
proceedings. Further, it relieves the opposing party
from having to prove the admitted fact and bars the
party who made the admission from disputing it. It is
also called a solemn admission, admission in judicio,
or true admission.
87. Judicial Notice
A doctrine of evidence applied by a court that
allows the court to recognize and accept the existence
of a particular fact commonly known by persons of
average intelligence without establishing its existence
by admitting evidence in a civil or criminal action.
Judicial notice is used by a court when it
declares a fact presented as evidence as true without a
formal presentation of evidence. A court can take
judicial notice of indisputable facts. If a court takes
judicial notice of an indisputable fact in a civil case,
the fact is considered conclusive.
88. Judicial Review
A courts authority to examine an executive or
legislative act and to invalidate that act if it is contrary
to constitutional principles.
The actions of the executive and legislative
branches of government are subject to review and
possible invalidation by the judiciary. Judicial review
allows the Supreme Court to take an active role in
ensuring that the other branches of government abide
by the constitution.
89. Juridical Capacity
The fitness to be the subject of legal relations,
is inherent in every natural person and is lost only
through death. It is passive and inherent. It can exist
without capacity to act. It cannot be limited or
restricted.
90. Jurisdiction
The power and authority constitutionally
conferred upon (or constitutionally recognized as
existing in) a court or judge to pronounce the sentence
of the law, or to award the remedies provided by law,
upon a state of facts, proved or admitted, referred to
the tribunal for decision, and authorized by law to be
the subject of investigation or action by that tribunal,
and in favor of or against persons (or a res) who
present themselves, or who are brought, before the
court in some manner sanctioned by law as proper and
sufficient.
Power of a court to adjudicate cases and issue
orders; the authority to hear and determine causes of
action.
Territory within which a court or government
agency may properly exercise its power.
91. Justiciable Controversy
A controversy involving a real issue that can
be settled by a court, involving a present claim made
by one party and another party disputing it.
A definite and concrete dispute touching on
the legal relations of parties having adverse legal
interest which may be resolved by a court of law
through the application of a law. (Cutaran vs. DENR)
92. Justiciable Issue
For an issue to be justiciable, the court must
not be offering an advisory opinion, the plaintiff must
have standing, and the issues must be ripe but
neither moot nor violative of the political question
doctrine.
93. Law of the Case Doctrine
The term applied to the doctrine that
states that when a point of law is decided by a court,
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then the decision is binding in all subsequent stages of
the case.
The law of the case doctrine means that
when a court decides upon a rule of law, that decision
should continue to govern the same issues in
subsequent stages in the same case. Under the law of
the case doctrine, a decision in a prior appeal is
followed in later proceedings unless a party introduces
substantially different evidence, or the prior decision
is clearly erroneous and works a manifest injustice.
The law of the case doctrine applies in
a situation where an appellate court has made a ruling
on a question on appeal and thereafter remands the
case to the lower court for further proceedings; the
question settled by the appellate court becomes
the law of the case at the lower court and in any
subsequent appeal. It means that whatever is
irrevocably established as the controlling legal rule or
decision between the same parties in the same case
continues to be the law of the case, whether correct on
general principles or not, so long as the facts on which
the legal rule or decision was predicated continue to
be the facts of the case before the court. (Vios and Sps.
Antonio vs. Pantangco)
94. Lex Loci
A Latin term meaning the "law of [the]
place." The principle that the law of the place giving
rise to particular rights is the law that governs the
rights of parties to a legal proceeding.
95. Lis Mota
The cause of the suit or action. By this term is
understood the commencement of the controversy, a
nd the beginning of the suit.
96. Majority Decision
A decision supported by more than half the
people involved.
97. Mandamus
A (writ of) mandamus is an order from a court
to an inferior government official ordering the
government official to properly fulfill their official
duties or correct an abuse of discretion.
A writ or order that is issued from a court of
superior jurisdiction that commands an inferior
tribunal, corporation, or an individual to perform, or
refrain from performing a particular act, the
performance or omission of which is required by law
as an obligation.
98. Mittimus
Mittimus refers to a warrant issued by a court
to commit someone to imprisonment. It directs a
sheriff or other officer to deliver the person named in
the writ to a prison or jail, and directs the jailor to
receive and imprison the person.
In criminal practice. The name of a precept in
writing, issuing from a court or magistrate, directed to
the sheriff or other ofheer, commanding him to convey
to the prison the person named therein, and to the jailer,
commanding him to receive and safely keep such
person until he shall be delivered by due course of law.
99. Motion
Request to a court for a desired ruling or
order. A motion can be written or spoken, as the
relevant rules require. Various motions can be made
throughout a case, but only after the
initial complaint has been filed.
A Motion is a request asking a judge to issue a
ruling or order on a legal matter. Usually, one side
files a motion, along with notice of the motion to the
attorney for the opposing party, the other side files a
written response. Once a judge receives a motion, he
or she can grant or deny the motion based on its
contents. In the alternative, the judge can also
schedule a hearing. At a motion hearing, each party
can argue its position and the judge can ask specific
questions about the fact or law. After hearing the judge
decides the motion and this is called an order.
However, during a trial or a hearing, an oral motion
may also be permitted.
100. Motion for Reconsideration
It is often a prelude to an appeal of a court
decision or may be used to contest a vote taken by a
government or other decision-making body.
A party may file a motion for reconsideration
only of a decision by the judges (1) terminating review,
10
or (2) granting or denying a personal restraint petition
on the merits.
A motion for reconsideration or motion to
reconsider is a legal filing which someone can make
to ask a court to review a decision and consider issuing
a new decision in light of the review.
101. Motu Proprio
Motu propio is a Latin term meaning "on his
own impulse". Lat. Of his own motion. The
commencing words of a certain kind of papal rescript
102. Mutatis Mutandis
Mutatis mutandis is a Latin phrase that means
"by changing those things which need to be changed.
The phrase can also mean having substituted new
terms. Mutatis mutandis relates to due alterations to
be made in similar statements.
103. Necessary Party
Entity deemed essential to be included in a
litigation before a court qualifies it because of close
association with a matter. However, if excluded, the
case will not be dismissed nor will it unduly influence
the court's decision. Also refer to indispensable party
and interested party.
104. Negative Defense
Negative Defense refers to a defendant's
outright denial of the plaintiff's allegations without
there being any additional facts pleaded by way of
avoidance. A defense is a denial, or answer or plea in
opposition to the truth or validity of a claim by a
plaintiff.
105. Negative Pregnant
Implicitly accepting culpability while explicitly
denying the charge is what this type of ambiguous
negative statement is. Contrast to affirmative
pregnant.
106. Notatu Dignum
Notatu dignum is the presumption of regularity
in the performance of a judge's functions, hence bias,
prejudice and even undue interest cannot be presumed,
specially weighed against a judge's sacred allegation
under oath of office to administer justice without
respect to any person and do equal right to the poor
and to the rich. (Calo v Abul)
107. Nunc Pro Tunc
Lat. Now for then. A phrase applied to acts
allowed to be done after the time when they should be
done, with a retroactive effect, i. e., with the same
effect as if regularly done
108. Obiter Dictum
A latin term meaning said in passing, it is a
judge's statement that is based on some established
facts, but does not affect the judgement.
109. Pendente Lite
Lat. Pending the suit; during the actual
progress of a suit; during litigation.
110. Per Curiam
Per curiam refers to a decision handed down by
the court as a whole, without identifying any particular
judge as the author. It is the opinion of the court as a
single body
111. Plain Meaning Rule
A legislation that states that if the obvious
meaning of any document cannot be contested, then it
must be accepted as it is.
112. Pleadings
The pleadings are the formal allegations by the
parties of their respective claims and defenses, for the
Judgment of the court. Pleadings are written
allegations of what is affirmed on the one side, or
denied on the other, disclosing to the court or jury
having to try the cause the real matter in dispute
between the parties.
113. Ponente
The ponente is the Member to whom the Court,
after its deliberation on the merits of a case, assigns
the writing of its decision or resolution in the case.
(Internal Rules of SC)
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114. Precedent
An adjudged case or decision of a court of
justice, considered as furnishing an example or
authority for an identical or similar case afterwards
arising or a similar question of law. A draught of a
conveyance, settlement, will, pleading, bill, or other
legal instrument, which is considered worthy to serve
as a pattern for future instruments of the same nature.
115. Prejudicial Question
A prejudicial question is defined as that which
arises in a case the resolution of which is a logical
antecedent of the issue involved therein, and the
cognizance of which pertains to another tribunal.
116. Preliminary Attachment
Attachment is the legal process of seizing
property to ensure satisfaction of a judgment.
At the commencement of the action or at any
time before entry of judgment, a plaintiff or any proper
party may have the property of the adverse party
attached as security for the satisfaction of any
judgment that may be recovered. (Rule 57 Rules of
Civil Procedure)
117. Preliminary Injunction
A preliminary injunction is a court order made
in the early stages of a lawsuit or petition which
prohibits the parties from doing an act in order to
preserve the status quo until a pending ruling or
outcome.
118. Pre-Trial
A pretrial hearing is a meeting that occurs before
a trial action begins. These are generally attended by
the plaintiff, defendant, the judge, the lawyers, and
sometimes other parties. Pretrial hearings aim to
resolve some of the legal issues before the trial begins.
119. Prima Facie
Lat. At first sight; on the first appearance; on the
face of it; so far as can be judged from the first
disclosure ; presumably. A litigating party is said to
have a prima facie case when the evidence in his favor
is sufficiently strong for his opponent to be called on
to answer it. A prima facie case, then, is one which is
established by sufficient evidence, and can be
overthrown only by rebutting evidence adduced on the
other side. In some cases the only question to be
considered is whether there is a prima facie case or no.
Thus a grand jury are bound to find a true bill of
indictment, if the evidence before them creates a
prima facie case against the accused; and for this
purpose, therefore, it is not necessary for them to hear
the evidence for the defense.
120. Primary Jurisdiction
Primary jurisdiction doctrine is a judicial
doctrine whereby a court tends to favor allowing an
agency an initial opportunity to decide an issue in a
case in which the court and the agency have
concurrent jurisdiction.
It is the principle that the courts cannot or will
not determine a controversy involving a question
which is within the jurisdiction of an administrative
tribunal, prior to the decision of that question by the
administrative tribunal:
1) where the case demands the exercise of
administrative discretion, requiring the special
knowledge, experience, and services of the
administrative tribunal, to determine technical and
intricate matters of fact; and
2) where uniformity of ruling is essential
121. Pro Bono
(proh boh-noh), adv. & adj. [Latin pro bono
publico for the public good] (1966)
Uncompensated, esp. regarding free legal
services performed for the indigent or for a public
cause <took the case pro bono> <50 hours of pro bono
work each year>. The Model Rules of Professional
Conduct ask that every lawyer aspire to rendering at
least 50 hours of pro bono services a year. pro
bono, n.
122. Pro Hac Vice
(proh hahk vee-chay or hak vI-see also hahk
vees). [Latin] (17c)
12
 For this occasion or particular purpose. The
phrase usu. refers to a lawyer who has not been
admitted to practice in a particular jurisdiction but
who is admitted there temporarily for the purpose of
conducting a particular case.
123. Pro Se
(proh say or see), adv. & adj. [Latin] (1817)
For oneself; on one's own behalf; without a
lawyer <the defendant proceeded pro se> <a pro se
defendant>. Also termed pro persona; in propria
persona; propria persona; pro per.
n. (1857)
One who represents oneself in a court
proceeding without the assistance of a lawyer <the
third case on the court's docket involving a pro se>.
Also termed pro per; self-represented litigant; (rarely)
pro se-er.
124. Question of Fact
(17c)
1. An issue that has not been predetermined and
authoritatively answered by the law. An example is
whether a particular criminal defendant is guilty of an
offense or whether a contractor has delayed
unreasonably in constructing a building.
2. An issue that does not involve what the law is
on a given point.
3. A disputed issue to be resolved by the jury in
a jury trial or by the judge in a bench trial. Also
termed fact question.
4. An issue capable of being answered by way
of demonstration, as opposed to a question of
unverifiable opinion.
125. Question of Law
(17c)
1. An issue to be decided by the judge,
concerning the application or interpretation of the law
<a jury cannot decide questions of law, which are
reserved for the court>.
2. A question that the law itself has
authoritatively answered, so that the court may not
answer it as a matter of discretion <the enforceability
of an arbitration clause is a question of law>.
3. An issue about what the law is on a particular
point; an issue in which parties argue about, and the
court must decide, what the true rule of law is <both
parties appealed on the question of law>.
4. An issue that, although it may turn on a
factual point, is reserved for the court and excluded
from the jury; an issue that is exclusively within the
province of the judge and not the jury <whether a
contractual ambiguity exists is a question of law>.
Also termed legal question; law question.
126. Ratio Decidendi
(ray-shee-oh des--den-dI), n. [Latin the
reason for deciding] (18c)
1. The principle or rule of law on which a court's
decision is founded <many poorly written judicial
opinions do not contain a clearly ascertainable ratio
decidendi>.
2. The rule of law on which a later court thinks
that a previous court founded its decision; a general
rule without which a case must have been decided
otherwise <this opinion recognizes the Supreme
Court's ratio decidendi in the school desegregation
cases>. In a classic essay on the subject, Arthur L.
Goodhart said of ratio decidendi: With the possible
exception of the legal term malice, it is the most
misleading expression in English law, for the reason
which the judge gives for his decision is never the
binding part of the precedent. A.L.G., Determining
the Ratio Decidendi of a Case, in Essays in
Jurisprudence and the Common Law 1, 2 (1931).
Often shortened to ratio. Pl. rationes decidendi (ray-
shee-oh-neez des--den-dI).
127. Ratio Legis
(ray-shee-oh lee-js), n. [Latin] (17c)
The reason or purpose for making a law <the
Senator argued that the rapid spread of violent crime
was a compelling ratio legis for the gun-control
statute>. Also termed ratio juris.
13
128. Real Party in Interest
(1804)
A person entitled under the substantive law to
enforce the right sued on and who generally, but not
necessarily, benefits from the action's final outcome.
Also termed party in interest; (archaically)
interessee.
129. Recusal
(ri-kyoo-zl), n. (1949)
Removal of oneself as judge or policy-maker in
a particular matter, esp. because of a conflict of
interest. Also termed recusation; recusement.
130. Rejoinder
n. (15c)
1. Common-law pleading. The defendant's
answer to the plaintiff's reply (or replication).
2. Any answer to a reply.
3. A retort; a sharp or rude reply.
131. Motion for Relief from the Judgment
(1867)
A party's request that the court correct a clerical
mistake in the judgment that is, a mistake that
results in the judgment's incorrectly reflecting the
court's intentions or relieve the party from the
judgment because of such matters as (1) inadvertence,
surprise, or excusable neglect, (2) newly discovered
evidence that could not have been discovered through
diligence in time for a motion for new trial, (3) the
judgment's being the result of fraud, misrepresentation,
or misconduct by the other party, or (4) the judgment's
being void or having been satisfied or released.
132. Res Gestae
(rays jes-tee also jes-tI), n. pl. [Latin things
done] (17c)
The events at issue, or other events
contemporaneous with them. In evidence law, words
and statements about the res gestae are usu. admissible
under a hearsay exception (such as present sense
impression or excited utterance). Where the Federal
Rules of Evidence or state rules fashioned after them
are in effect, the use of res gestae is now out of place.
Also termed res gesta.
133. Res Ipsa Loquitur
(rays ip-s loh-kw-tr). [Latin the thing
speaks for itself] (17c) Torts.
The doctrine providing that, in some
circumstances, the mere fact of an accident's
occurrence raises an inference of negligence that
establishes a prima facie case; specif., the doctrine
whereby when something that has caused injury or
damage is shown to be under the management of the
party charged with negligence, and the accident is
such that in the ordinary course of things it would not
happen if those who have the management use proper
care, the very occurrence of the accident affords
reasonable evidence, in the absence of the explanation
by the parties charged, that it arose from the want of
proper care.
The principle does not normally apply unless
(1) the occurrence resulting in injury was such as does
not ordinarily happen if those in charge use due care;
(2) the instrumentalities were under the management
and control of the defendant; and (3) the defendant
possessed superior knowledge or means of
information about the cause of the occurrence.
Often shortened to res ipsa.
134. Res Judicata
(rays joo-di-kay-t or -kah-t). [Latin a thing
adjudicated] (17c)
1. An issue that has been definitively settled by
judicial decision.
2. An affirmative defense barring the same
parties from litigating a second lawsuit on the same
claim, or any other claim arising from the same
transaction or series of transactions and that could
have been but was not raised in the first suit.
The three essential elements are (1) an earlier
decision on the issue, (2) a final judgment on the
merits, and (3) the involvement of the same parties, or
parties in privity with the original parties. Also
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termed former adjudication; res adjudicata; claim
preclusion; doctrine of res judicata.
135. Rollo
Records that are unique to the Court. Use the
word rollo when referring to the Supreme Court
rollo, or CA rollo for the Court of Appeals rollo,
Sandiganbayan rollo for the Sandiganbayan rollo,
and CTA rollo for the Court of Tax Appeals rollo;
followed by the page number. Examples: Rollo, p. 21.
CA rollo, pp. 109-122. Sandiganbayan rollo, p. 9.
CTA rollo, p. 10.
136. Ruling
n. (16c)
1. Government; the act of one who governs or
rules.
2. The outcome of a court's decision either on
some point of law or on the case as a whole. Also
termed legal ruling.
3. Parliamentary law. The chair's decision on a
point of order. rule, vb.
137. Separate Opinion
(sprt pnjn), n
1. An opinion written by a judge separately from
other judges, which can either agree or disagree with
the opinion written by the majority of judges.
2. An opinion written separately by a judge who
dissents or who concurs only in the result of the
majority opinion.
138. Sharia
(sh-ree-). (1855) Islamic law.
The body of Islamic religious law applicable to
police, banking, business, contracts, and social
issues. Sharia is a system of laws, rather than a
codification of laws, based on the Koran and other
Islamic sources.
139. Sin Perjuicio Decision
1. A judgment without statement of facts in
support of its conclusion (Director of Lands v. Sanz,
45 Phil. 119 [1923]), and is null and void.
2. A sin perjuicio is one which contains only the
dispositive portion of the decision and reserves the
making of findings of fact and conclusions of law in a
subsequent judgment. (Dir. of Lands vs. Sanz, 45 Phil.
117) So, there is a WHEREFORE without a ratio
decidendi. It does not state how the court arrived at a
certain decision. It is a VOID judgment for it violates
the constitutional provision that no decision shall be
rendered by any court of record without expressing
therein clearly and distinctly the facts and the law on
which it is based (Sec. 14, Art. VIIII), and the
provision of the Rules of Court that the judgment shall
state clearly and distinctly the facts and the law on
which it is based. (Rule 36, Section 1)
140. Stare Decisis
(stahr-ee di-sI-sis or stair-ee), n. [Latin to
stand by things decided] (18c)
The doctrine of precedent, under which a court
must follow earlier judicial decisions when the same
points arise again in litigation. Also termed
traditional stare decisis; institutional stare decisis.
141. Sub Judice
(sb joo-di-see also suub yoo-di-
kay), adv. [Latin under a judge] (17c)
Before the court or judge for determination; at
bar <in the case sub judice, there have been no out-of-
court settlements>. Legal writers sometimes use case
sub judice where the present case would be more
comprehensible.
142. Summary Judgment
A judgment granted on a claim or defense about
which there is no genuine issue of material fact and on
which the movant is entitled to prevail as a matter of
law. The court considers the contents of the
pleadings, the motions, and additional evidence
adduced by the parties to determine whether there is a
genuine issue of material fact rather than one of law.
This procedural device allows the speedy disposition
15
of a controversy without the need for trial. Also
termed summary disposition; judgment on the
pleadings.

143. Traverse

(trav-rs), n. (15c) Common-law pleading.

A formal denial of a factual allegation made in

the opposing party's pleading <Smith filed a traverse
to Allen's complaint, asserting that he did not
knowingly provide false information>.

l to comply with the purposes of the regulatory

statute administered.

16