My Own Legal Dictionary 2

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http://www.geocities.com/albinos one year prior to the notice

ki of expropriation, but which
-A- were not utilized by the
owner for his benefit for the
past five years prior to such
Abandon. It means, in its notice of expropriation. [Sec.
ordinary sense, to forsake 166, RA 3844].
entirely; to forsake or
renounce utterly. [Dela Cruz Abandonee. A party to whom
v. Dela Cruz, GR L-19565. a right or property is
Jan. 30, 1968]. abandoned or relinquished
by another. [Black's Law
Abandoned child. A child Dict., Abr. 5th Ed. (1987), p.
who has no proper parental 1].
care or guardianship or
whose parent(s) has Abandoning a minor. Crim.
deserted him/her for a Law. The felony committed
period of at least six (6) by any one who shall
continuous months and has abandon a child under seven
been judicially declared as years of age, the custody of
such. [Sec. 3, RA 8552; Art. which is incumbent upon
141, PD 603]. Compare with him. [Art. 276, RPC].
Dependent child and
Neglected child. Abandonment. Mar. Ins. The
act of the insured by which,
Abandoned or idle land. 1. after a constructive total
Any agricultural land not loss, he declares the
cultivated, tilled or relinquishment to the insurer
developed to produce any of his interest in the thing
crop nor devoted to any insured. [Sec. 138, IC].
specific economic purpose
continuously for a period of Abandonment. Elements: (a)
three (3) years immediately The failure to report for work
prior to the receipt of notice or absence without valid or
of acquisition by the justifiable reason, and (b) a
government as provided clear intention to sever the
under the Comprehensive employer-employee
Agrarian Reform Law of 1988 relationship, with the second
(RA 6657), but does not element as the more
include land that has determinative factor and
become permanently or being manifested by some
regularly devoted to non- overt acts. [De Ysasi III v.
agricultural purposes. [Sec. NLRC, 231 SCRA 173
3, RA 6657]. 2. Lands (1994)].
devoted to any crop at least
Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students
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Abandonment of domicile giving them the education

and acquisition of a new which their station in life
one called domicile of require and financial
choice. Requisites: (a) conditions permit. [Art. 277,
Residence or bodily RPC].
presence in the new locality,
(b) intention to remain there Abandonment of office or
or animus manendi, and (c) position. 1. Crim. Law. The
an intention to abandon the felony committed by any
old domicile or animus non public officer who, before the
revertendi. [Romualdez v. acceptance of his
RTC Tacloban City, 226 SCRA resignation, shall abandon
408, 415]. his office to the detriment of
the public service. [Art. 238,
Abandonment of land RPC]. 2. Admin. Law. The
dedicated to public use. voluntary relinquishment of
Elements: (a) Intention to an office by the holder, with
relinquish the right or the intention of terminating
property, but without his possession and control
intending to transfer title to thereof. [Sang. Bayan of San
any particular person; and Andres, Catanduanes v. CA,
(b) the external act which GR 118883. Jan. 16, 1998,
such intention is carried into citing Words & Phrases, Vol.
effect. [Defensor-Santiago v. 1, p. 127]. 3. A species of
Ramos, PET 001. Feb. 13, resignation; while
1996, citing 49 Mich. App. resignation in general is a
128, 229 N.W 2d 343, 349]. formal relinquishment,
abandonment is a voluntary
Abandonment of minor by relinquishment through
person entrusted with his nonuser. [Sang. Bayan of
custody; indifference of San Andres, Catanduanes v.
parents. Crim. Law. The CA, GR 118883. Jan. 16,
felony committed by anyone 1998, citing Words &
who, having charge of the Phrases, Vol. 1, p. 126].
rearing or education of a
minor, shall deliver said Abandonment of person in
minor to a public institution danger and abandonment
or other persons, without the of one's own victim. Crim.
consent of the one who Law. The felony committed
entrusted such child to his by any one who shall fail to
care or in the absence of the render assistance to any
latter, without the consent of person whom he shall find in
the proper authorities, or by an uninhabited place
the parents who shall wounded or in danger of
neglect their children by not dying, when he can render
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such assistance without be physical estrangement

detriment to himself, unless but also amount to financial
such omission shall and moral desertion. [Dela
constitute a more serious Cruz v. Dela Cruz, GR L-
offense; or by anyone who 19565. Jan. 30, 1968].
shall fail to help or render
assistance to another whom Abandonment of work.
he has accidentally wounded Labor. The deliberate,
or injured; or by anyone unjustified refusal of the
who, having found an employee to resume his
abandoned child under employment. The burden of
seven years of age, shall fail proof is on the employer to
to deliver said child to the show a clear and deliberate
authorities or to his family, intent on the part of the
or shall fail to take him to a employee to discontinue
safe place. [Art. 275, RPC]. employment without any
intention of returning. Mere
Abandonment of the thing. absence is not sufficient.
It consists of the voluntary [FRF Enterprise v. NLRC, GR
renunciation of all the rights 105998. Apr. 21, 1995].
which a person may have in
a thing, with the intent to Abatement. A reduction in
lose such thing. By virtue of some amount that is owed,
the abandonment, the thing usually granted by the
is left without owner or person to whom the debt is
possessor. To be effective, it owed. [Duhaime's Legal
is necessary that it be made Dict., 2004].
by a possessor in the
concept of owner. [Tolentino, Abatement of action. A suit
Civil Code of the Phil., Vol. II, which has been quashed and
Repr. 2001, p. 304, citing 4 ended. [Jurist’s Legal Dict.,
Manresa 315; 3 Sanchez 2004].
Roman 299].
Abatement of a fire
Abandonment of the wife. hazard. Any act that would
To constitute abandonment remove or neutralize a fire
of the wife by the husband, hazard. [Sec. 3, PD 1185].
as the term is used in Art.
178 of the Civil Code, there Abduction. 1. The taking
must be absolute cessation away of a woman from her
of marital relations and house or the place where
duties and rights, with the she may be for the purpose
intention of perpetual of carrying her to another
separation. The place with intent to marry or
abandonment must not only to corrupt her. [People v.
4
Crisostomo (46 Phil. 780)]. 2. A., Compilation of Notes,

Taking someone away from 2001-2006].
a place without that person's
consent or by fraud. Ab initio. Lat. From the start
[Duhaime's Legal Dict., (or beginning). [Duhaime's
2004]. See also Legal Dict., 2004].
Kidnapping.
Abogado. Sp. Lawyer or
Aberratio ictus. Crim. Law. attorney- at-law. That class
Lat. Mistake in the blow, of persons who are by
characterized by aiming at license officers of the courts,
one but hitting the other due empowered to appear,
to imprecision in the blow. prosecute and defend, and
[People v. Sabalones, GR upon whom peculiar duties,
123485. Aug. 31, 1998]. responsibilities and liabilities
Compare with Error in are developed by law as a
personae. consequence. [Cui v. Cui, GR
L-18727. Aug. 31, 1964].
Aberratio ictus. Also Error
en la persona. Crim. Law. Abolition of a position. It
Lat. 1. Mistake in the identity does not involve or mean
of the victim. [People v. removal for the reason that
Pinto, GR 39519. Nov. 21, removal implies that the
1991]. 2. Miscarriage of the post subsists and that one is
blow. [People v. Atillano, GR merely separated therefrom.
109131-33. Oct. 3, 1994]. [Arao v. Luspo, 20 SCRA 722
(1967)].
Abet. The act of encouraging
or inciting another to do a Abortion. The knowing
certain thing, such as a destruction of the life of an
crime. [Duhaime's Legal unborn child or the
Dict., 2004]. intentional expulsion or
removal of an unborn child
Ability to read from the womb other than
intelligently. The capacity for the principal purpose of
to know or apprehend; to producing a live birth or
discover or understand by removing a dead fetus.
characters, marks, features, [Black's Law Dict., Abr., 5th
etc.; to gather the meaning. Ed., p. 2].
[Moreno’s Law Dict., 2000
Ed., p. 2]. Abortion. Elements: (a) That
there is a pregnant woman
Ab inconveniente. From who has suffered an
hardship, from what is abortion; (b) that the
inconvenient. [Claridades, abortion is intended; and (c)
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that the abortion is caused the purpose of concealing

by (1) the pregnant woman her dishonor. [Art. 258, RPC].
herself; (2) any other person,
with her consent; or (3) any About. Near in time, quantity,
of her parents, with her number, quality or degree.
consent for the purpose of Substantially, approximately,
concealing her dishonor. almost, or nearly. [Moreno’s
[Under Art. 258, RPC]. Law Dict., 2000 Ed., p. 3].
Abortionist. A person who Ab posse ad actu non vale

criminally produces illatio. Lat. "A proof that an
abortions, or one who follows act could have been done is
the business or practices the no proof that it was actually
crime of producing abortion. done." [Roman Cath. Bishop
[Black's Law Dict., Abr., 5th of Malolos v. IAC, GR 72110.
Ed., p. 2]. Nov. 16, 1990].
Abortion practiced by a Abrasion. A scrapping or

physician or midwife and rubbing off. [Moreno’s Law
dispensing of abortives. Dict., 2000 Ed., p. 3].
Crim. Law. The felony
committed by any physician Absence. The legal status of
or midwife who, taking a person who has absented
advantage of their scientific himself from his domicile
knowledge or skill, shall and whose whereabouts and
cause an abortion or assist fate are unknown, it not
in causing the same, or by being known with certainty
any pharmacist who, without whether he is still living or
the proper prescription from not. [Jurado, Civil Law
a physician, shall dispense Reviewer, 19th Ed. (1999), p.
any abortive. [Art. 259, RPC]. 260]. See Provisional
absence and Declared
Abortion practiced by the absence.
woman herself or by her
parents. Crim. Law. The Absentee. A person whose
felony committed by a whereabouts and existence
woman who shall practice are not known in the sense
abortion upon herself or of the law allowing a
shall consent that any other subsequent marriage and for
person should do so, or by purposes of administration
the parents of the pregnant of the estate of the absentee
woman or either of them, and of succession. [Bench
and they act with the Book for Trial Court Judges,
consent of said woman for p. 3-4].

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Absentee voters, national

registry of. The Absolute community,
consolidated list prepared, system of. The absolute
approved and maintained by community of property
the Commission on Election between spouses shall
(COMELEC), of overseas commence at the precise
absentee voters whose moment that the marriage is
applications for registration celebrated and shall consist
as absentee voters, of all the property owned by
including those registered the spouses at the time of
voters who have applied to the celebration of the
be certified as absentee marriage or acquired
voters, have been approved thereafter. [Arts. 88 and 91,
by the Election Registration FC].
Board. [Sec. 3, RA 9189].
Absolute indorsement.
Absentee voting. The Nego. Inst. One by which the
process by which qualified indorser binds himself to pay
citizens of the Philippines (a) upon no other condition
abroad exercise their right to than the failure of prior
vote. [Sec. 3, RA 9189]. parties to do so; (b) upon
due notice to him of such
Absent spouse. The prior failure. [Claridades, A.,
spouse who had been absent Compilation of Notes, 2001-
for four (4) consecutive 2006].
years and whom the spouse
present reasonably believed Absolutely privileged
to be already dead. In case communication. One in
of disappearance where respect of which, by reason
there is danger of death of the occasion on which, or
under the circumstances set the matter in reference to
forth in the provisions of which, it is made, no remedy
Arts. 391 of the Civil Code, can be had in a civil action,
an absence of only two years however hard it may bear
shall be sufficient. [Navarro upon a person who claims to
v. Domagtoy, AM MTJ-96- be injured thereby, and even
1088. July 19, 1996]. though, it may have been
made maliciously. [Sison v.
Absoluta sententia David, GR L-11268. Jan. 28,
expositore non indiget. 1961, citing 33 Am. Jur. pp.
Lat. When the language of 123- 124]. Compare with
the law is clear, no Conditionally or
explanation of it is required. qualifiedly privileged
[Moreno’s Law Dict., 2000 communication.
Ed., p. 3].
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Absolute pardon. A pardon in business parlance, means

that reaches both the "to take over." [Razon v.
punishment prescribed for Sec. of Labor, GR 85867.
the offense and the guilt of May 13, 1993, citing
the offender. When the Webster's 3rd New Intl. Dict.,
pardon is full, it releases the 1966 Ed., p. 7].
punishment and blots out of
existence the guilt, so that in Absorbed company. The
the eye of the law the constituent company whose
offender is an innocent as if corporate existence is
he had never committed the dissolved as a result of the
offense. If granted after merger or consolidation.
conviction, it removes the [Tiopianco, Commentaries &
penalties and disabilities, Jurisp. on the Ins. Code of
and restores him to all his the Phil., 1999 Ed., p. 207].
civil rights; it makes him, as
it were, a new man, and Absorbing or acquiring
gives him a new credit and company. The surviving
capacity. [In re: Lontok 43 company, in case of merger,
Phil. 293]. Compare with or the newly formed
Conditional pardon. company, in case of
consolidation. [Tiopianco,
Absolute poverty. The Commentaries & Jurisp. on
condition of the household the Ins. Code of the Phil.,
below the food threshold 1999 Ed., p. 207].
level. [Sec. 3, RA 8425].
Abus de droit. Fr. Abuse of
Absolute simulation of a right. [Claridades, A.,
contract. 1. It takes place Compilation of Notes, 2001-
when the parties do not 2006].
intend to be bound at all.
[Art. 1345, CC]. 2. An Abuse. To make excessive or
absolutely simulated or improper use of a thing, or
fictitious contract is void. to employ it in a manner
[Art. 1346, CC]. contrary to the natural or
legal rules for its use. To
Absolute sovereign make an extravagant or
immunity. Rule that a excessive use, as to abuse
foreign state is immune from one's authority. [Salalima v.
all types of suits. [Intl. Law Guingona, GR 117589-92.
Dict. & Direct., 2004]. May 22, 1996, citing Black's
Law Dict., 5th Ed., p. 11].
Absorb. It is synonymous
with the words "assimilate" Abuse of confidence or
or "incorporate" and which, obvious ungratefulness.
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An aggravating there was damage or injury

circumstance under Art. 14 to the plaintiff. [Custodio v.
(4) of Rev. Penal Code which CA, GR 116100. Feb. 9,
can be appreciated only if 1996, citing Jurado, Personal
the following requisites are and Family Law, 1984 ed.,
present: (a) The offended 41].
party had trusted the
offender; (b) the offender Abuse of superiority. The
abused such trust; and (c) taking advantage by the
such abuse facilitated the culprits of their collective
commission of the crime. strength to overpower their
[People v. Luchico, 49 Phil. relatively weaker victim or
689]. See also victims. [People v. Apduhan,
Unfaithfulness. Jr., GR L-19491. Aug. 30,
1968].
Abuse of judicial
discretion. A discretion by Abuse of superior
a judge to an end or purpose strength. 1. It contemplates
not justified by and clearly a situation of strength
against reason and notoriously selected or taken
evidence. [Moreno’s Law advantage of by an
Dict., 2000 Ed., pp. 3-4]. aggressor in the commission
of the crime. [People v.
Abuse of right. A person Escoto, GR 91756, May 11,
may be liable for harm 1995, 244 SCRA 87]. 2.
caused by doing something Abuse of superior strength
which one, nevertheless, has can be appreciated only
a right to do, if the right was: when there is a notorious
(a) principally intended to inequality of forces between
cause harm; (b) or was used the victim and the
without a legitimate, interest aggressor. [People v.
justifying judicial protection; Daquipil, GR 86305-06, Jan.
(c) or was used in bad faith; 20, 1995, 240 SCRA 314;
(d) or was contrary to basic People v. Patamama, GR
rules of morality or fairness. 107938, Dec. 4, 1995, 250
[Tetley, Glossary of Conflict SCRA 603].
of Laws, 2004].
Abuses against chastity.
Abuse of right principle. Crim. Law. The felony
Requisites: (a) The committed by: (a) any public
defendant should have acted officer who shall solicit or
in a manner that is contrary make immoral or indecent
to morals, good customs or advances to a woman
public policy; (b) the acts interested in matters
should be willful; and (c) pending before such officer
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for decision, or with respect functions directly supportive

to which he is required to of teaching, such as
submit a report to or consult registrars, librarians,
with a superior officer; or (b) research assistants, research
any warden or other public aides, and similar staff. [Sec.
officer directly charged with 6, BP 232].
the care and custody of
prisoners or persons under Accelerated judgment. See
arrest who shall solicit or Summary judgment.
make immoral or indecent
advances to a woman under Accelerated training. Basic
his custody. [Art. 245, RPC]. skills training of a short-term
nature for jobs with a
Abusos deshonestos. Sp. defined level of
Abuse of chastity. [US v. qualifications. This usually
Mendez, GR L-6483. Mar. 11, refers to a rapid paced,
1911]. condensed vocational
training to fill immediate
Academic failure. An manpower needs. [Sec. 1,
academic subject in which Rule 1, Book 2, IRR of LC].
the student has failed.
[Moreno’s Law Dict., 2000 Acceleration clause. 1. A
Ed., p. 4]. clause which renders the
whole debt due and
Academic freedom. The demandable upon the failure
right of the school or college of the obligor to comply with
to decide for itself, its aims certain conditions.
and objectives, and how best [Claridades, A., Compilation
to attain them - free from of Notes, 2001-2006]. 2. A
outside coercion or clause in a contract that
interference save possibly states that if a payment is
when the overriding public missed, or some other
welfare calls for some default occurs (such as the
restraint. It has a wide debtor becoming insolvent),
sphere of autonomy then the contract is fully due
certainly extending to the immediately. This is a typical
choice of students. [Univ. of clause in a loan contract;
San Agustin v. CA, GR miss one payment and the
100588. Mar. 7, 1994]. agreement to pay at regular
intervals is voided and the
Academic non-teaching entire amount becomes due
personnel. Those persons and payable immediately.
holding some academic [Duhaime's Legal Dict.,
qualifications and 2004].
performing academic
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Acceptance. Civ. Law. 1. The all parties subsequent to the

manifestation by the offeree person for whose honor it is
of his assent to the terms of accepted, and conditioned to
the offer which must in other pay the bill when it becomes
words meet or be identical due if the original drawee
at all points of the offer. does not pay it. [Claridades,
[Diaz, Bus. Law Rev., 1991 A., Compilation of Notes,
Ed., p. 65]. 2. The taking and 2001-2006].
receiving of anything in good
faith with the intention of Acceptance of a bill. Nego.
retaining it. [Glossary of Inst. The signification by the
Legal Terms (Pro-Se), 2004]. drawee of his assent to the
order of the drawer; this
Acceptance. 1. Nego. Inst. An may be done in writing by
acceptance completed by the drawee in the bill itself,
delivery or notification. [Sec. or in a separate instrument.
191, NIL]. 2. Succ. The act [Prudential Bank v. IAC, GR
by virtue of which an heir, 74886. Dec. 8, 1992].
legatee or devisee manifests
his desire in accordance with Accepted unilateral
the formalities prescribed by promise. An offer which
law to succeed to the specifies the thing to be sold
inheritance, legacy or and the price to be paid and,
devise. 3. It may be an when coupled with a
express acceptance made in valuable consideration
a public or private distinct and separate from
document, or a tacit the price, is what may
acceptance resulting from properly be termed a
acts by which the intention perfected contract of option.
to accept is necessarily This contract is legally
implied, or which one would binding, and in sales, it
have no right to do except in conforms with the second
the capacity of an heir. [Art. paragraph of Art. 1479 of the
1049, CC]. Compare with Civil Code. [Equatorial Realty
Repudiation. v. Mayfair Theater, GR
106063. Nov. 21, 1996].
Acceptance for honor.
Nego. Inst. An undertaking Access device. Any card,
by a stranger to a bill after plate, code, account
protest for the benefit of any number, electronic serial
party liable thereon or for number, personal
the honor of the person identification number, or
whose account the bill is other telecommunications
drawn which acceptance service, equipment, or
inures also to the benefit of instrumental identifier, or
11
other means of account to all which one’s own

access that can be used to property produces, and the
obtain money, good, right to that which is united
services, or any other thing to it by accession, either
of value or to initiate a naturally or artificially.
transfer of funds (other than [Black’s Law Dict., Abr. 5th
a transfer originated solely Ed. (1983), p. 6].
by paper instrument). [Sec.
3, RA 8484]. Accession continua. The
acquisition of ownership
Access device fraudulently over a thing incorporated to
applied for. Any access that which belongs to the
device that was applied for owner. [Tolentino, Civil Code
or issued on account of the of the Phil., Vol. II, Repr.
use of falsified document, 2001, p. 98].
false information, fictitious
identities and addresses, or Accession discreta. The
any form of false pretense or extension of the right of
misrepresentation. [Sec. 3, ownership to the products of
RA 8484]. a thing. [Tolentino, Civil
Code of the Phil., Vol. II,
Access Devices Regulation Repr. 2001, p. 98].
Act of 1998. RA 8484
entitled “An Act regulating Accessions. Fruits of a thing
the issuance and use of or additions or
access devices, prohibiting improvements upon a thing,
fraudulent acts committed or the right pertaining to the
relative thereto, providing owner of a thing over its
penalties and for other products and whatever is
purposes” enacted on Feb. incorporated thereto, either
11, 1998. naturally or artificially. [Diaz,
Bus. Law Rev., 1991 Ed., p.
Accessio cedit principali. 5].
Lat. The accessory follows
the principal. [Claridades, A., Accessories. Property. Things
Compilation of Notes, 2001- joined to the principal thing
2006]. for the latter’s
embellishment or to make
Accession. 1. Intl. Law. The the latter more perfect.
process whereby a non- [Diaz, Bus. Law Rev., 1991
signatory State later Ed., p. 5].
becomes a party to a treaty.
[Suarez, Pol. Law Reviewer, Accessory. Crim. Law. 1. A
1st Ed., 2002, pp. 1061- person who, having
1062]. 2. Property. The right knowledge of the
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commission of the crime, casualty to the insured

and without having without his design, consent,
participated therein, either or voluntary cooperation.
as a principal or an [Sun Ins. v. CA, GR 92383.
accomplice, takes part July 17, 1992].
subsequent to its
commission by concealing or Accident. Elements: (a)
destroying the body of the performance of a lawful act;
crime, or the effects or (b) with due care; (c)
instruments thereof in order producing an injury by mere
to prevent its discovery. [Art. accident; and (d) without
19, RPC]. 2. A person who any fault or intention of
assists in the commission of causing it. [People v. Utrela,
a crime, either before or GR L-38172. July 15, 1981,
after the fact. [Jurist’s Legal citing Art. 12, RPC].
Dict., 2004].
Accidental. That which
Accessory obligation. An happens by chance or
obligation attached to a fortuitously, without
principal obligation in order intention and design and
to complete the same or which is unexpected,
take its place in the case of unusual and unforeseen.
breach. [SSS v. Moonwalk, [Moreno, Phil. Law Dict.,
GR 73345. Apr. 7, 1993, 1972 Ed., p. 7, citing De La
citing 4 Puig Peña Part 1 p. Cruz v. Capital Ins., 17 SCRA
76]. 559].
Accident. An event that takes Accidental spills. Spills of oil

place without one's foresight or other hazardous
or expectation, an event that substances in water that
proceeds from an unknown result from accidents
cause, or is an unusual involving the carriers of such
effect of a known case, and substance such as collisions
therefore not expected. An and grounding. [Sec. 62, PD
accident is an event which 1152].
happens without any human
agency or, if happening Accident insurance. See
through human agency, an Casualty insurance.
event which, under the
circumstances, is unusual to Acción de reivindicacion.
and not expected by the See Acción
person to whom it happens. reivindicatoria.
It has also been defined as
an injury which happens by Acción in rem versum.
reason of some violence or Requisites: (a) One party
13
must be enriched and the Acción reinvindicatoria.

other made poorer; (b) there Also Acción de
must be a casual relation reinvindicacion. 1. An
between the two; (c) the action to recover ownership,
enrichment must not be including the recovery of
justifiable; (d) there must be possession, which should be
no other way to recover; and filed in the RTC. [Jalbuena De
(e) the indemnity cannot Leon v. CA, GR 96107. June
exceed the loss or 19, 1995]. 2. Action whereby
enrichment, whichever is plaintiff alleges ownership
less. [Under Art. 22, CC]. over a parcel of land and
seeks recovery of its full
Acción interdictal. See possession. [GR L-48050.
Accion publiciana. Oct. 10, 1994 ].
Acción pauliana. Also Acción subrogatoria. Also

Rescissory action. [Arts. Subrogatory action. [Art.
1177 and 1381, CC]. 1177, CC; See also Arts.
1729 and 1893, CC].
Acción publiciana. Also
Acción interdictal. 1. The Accommodation. Nego. Inst.
plenary action to recover the A legal arrangement under
right of possession when which a person called the
dispossession was effected accommodation party lends
by means other than those his name and credit to
mentioned in Rule 70 of the another without any
Rules of Court. Under these consideration. [Claridades,
circumstances, a plenary A., Compilation of Notes,
action may be brought 2001-2006].
before the RTC. [Jalbuena De
Leon v. CA, GR 96107. June Accommodation guarantor.
19, 1995]. 2. Action where Nego. Inst. A person who
plaintiff merely alleges proof signs on the back of a note
of a better right to possess as such and who is therefore
without claim of title. [Javier only secondarily liable.
v. Veridiano, GR L-48050. [Moreno’s Law Dict., 2000
Oct. 10, 1994]. Ed., p. 7].
Acción quanti minoris or Accommodation maker.

estimatoria. An action to Nego. Inst. A person
demand a proportionate primarily liable on the
reduction of the price, with instrument, even though he
damages. [Art. 1567, CC]. adds the word “surety” to
his signature or the fact that
he signed for
14
accommodation is known to accommodate another. [Phil.

the holder. [Moreno’s Law Bank of Commerce v.
Dict., 2000 Ed., p. 7]. Aruego, 102 SCRA 530, 539,
540].
Accommodation note.
Nego. Inst. A note to which Accommodation party.
the accommodating party Requisites: To be an
has put his name without accommodation party, a
consideration for the person must (a) be a party
purpose of accommodating to the instrument, signing as
some other party who is to maker, drawer, acceptor, or
use it and is expected to pay indorser, (b) not receive
it. [Maulini v. Serrano, GR value therefor, and (c) sign
8844. Dec. 16, 1914]. for the purpose of lending
his name for the credit of
Accommodation party. some other person.
Nego. Inst. 1. A person one [Crisologo-Jose v. CA, GR
who has signed an 80599. Sep. 15, 1989].
instrument as maker,
drawer, acceptor of indorser Accomplice. 1. A person who,
without receiving value not being principal as
therefor, but is held liable on defined in Art. 17 of the Rev.
the instrument to a holder Penal Code, cooperates in
for value although the latter the execution of the offense
knew him to be only an by previous or simultaneous
accommodation party. [Sec. acts [Art. 18, RPC]. 2. A
29, NIL]. 2. A person liable partner in a crime; A person
on the instrument to a who knowingly and
holder for value, voluntarily participates with
notwithstanding such holder, another in a criminal
at the time of the taking of activity. [Glossary of Legal
the instrument knew him to Terms (Pro-Se), 2004].
be only an accommodation
party. In lending his name to Accomplice. Requisites to be
the accommodated party, considered as such: (a)
the accommodation party is Community of design, i.e.,
in effect a surety for the knowing that criminal design
latter. He lends his name to of the principal by direct
enable the accommodated participation, he concurs
party to obtain credit or to with the latter in his
raise money. He receives no purpose; (b) he cooperates
part of the consideration for in the execution of the
the instrument but assumes offense by previous or
liability to the other parties simultaneous acts; and, (c)
thereto because he wants to there must be a relation
15
between the acts done by accounting procedures; or

the principal and those when he represents clients
attributed to the person before government agencies
charged as accomplice. on tax matters related to
[People v. Jorge, GR 99379. accounting or renders
Apr. 22, 1994]. professional assistance in
matters relating to
Accord. See Agreement. accounting procedures and
the recording and
Accountancy practice. It presentation of financial
shall constitute in a person, facts or data. [Sec. 3, PD
be it in his individual 692].
capacity, or as a partner or
staff member in an Account stated. An account
accounting or auditing firm, rendered to a debtor who
holding out himself as one receives it without objection
skilled in the knowledge, and who promises to pay it.
science, and practice of As such, its correctness can
accounting, and as qualified no longer be impeached
to render professional except for fraud and
services as a certified public mistake. [Moreno’s Law
accountant; or offering or Dict., 2000 Ed., p. 8].
rendering, or both, to more
than one client on a fee Accredit. To acknowledge.
basis or otherwise, services [GSIS v. CSC, GR 98395. Oct.
such as the audit or 28, 1994].
verification of financial
transactions and accounting Accredited dual training
records; the preparation, system agricultural,
signing, or certification for industrial and business
clients of reports of audit, establishments. Also
balance sheets, and other Agricultural, industrial
financial accounting and and business
related schedules, exhibits, establishments. A sole
statements, or reports which proprietorship, partnership,
are to be used for corporation or cooperative
publication or for credit which is duly recognized and
purposes, or to be filed with authorized by the
a court or government appropriate authority to
agency, or to be used for participate in the dual
any other purpose; the training system educational
installation and revision of institution. [Sec. 4, RA
accounting system, the 7686].
preparation of income tax
returns when related to
16
Accredited dual training state by natural process,

system educational such as the gradual deposit
institution/training of soil on the coast through
center. A public or private the action of the water, or by
institution duly recognized human labor, as exemplified
and authorized by the by the reclamation projects
appropriate authority, in on Manila Bay and the
coordination with the polders of the Netherlands.
business and industry, to [Cruz, Intl. Law Reviewer,
participate in the dual 1996 Ed., p. 71]. See
training system. [Sec. 4, RA Alluvion.
7686].
Accretion. Property.
Accredited employees' Requisites: (a) That the
organization. A registered deposition of soil or
organization of the rank-and- sediment be gradual and
file employees recognized to imperceptible; (b) that it be
negotiate for the employees the result of the action of the
in an organizational unit waters of the river (or sea);
headed by an officer with and (c) that the land where
sufficient authority to bind accretion takes place is
the agency. [EO 180]. adjacent to the banks or
rivers (or the sea coast).
Accretion. Intl. Law. The [Meneses v. CA, 246 SCRA
increase in the land area of 374 (1995)].
the state, either through
natural means or artificially Accretion. Succ. A right by
through human labor. virtue of which, when two or
[Sandoval, Pol. Law Reviewer more persons are called to
2003]. the same inheritance, devise
or legacy, the part assigned
Accretion. Property. 1. A to the one who renounces or
mode of acquiring property cannot receive his share, or
under Art. 457 of the Civil who died before the testator,
Code. 2. The increase or is added or incorporated to
accumulation of land by that of his co-heirs, co-
natural causes, as out of a devisees, or co-legatees.
lake or river. [Glossary of [Art. 1015, CC].
Legal Terms (Pro-Se), 2004].
3. The imperceptible and Accumulated depreciation
gradual addition to land by on appraisal. Also termed
the slow action of water. as Observed depreciation.
[Duhaime's Legal Dict., The accumulated
2004]. Intl. Law. 2. A mode depreciation based on the
of adding to the territory of a appraised or appraisal value
17
per appraiser's report. [RCPI was not intended as such.

v. Natl. Wages Council, GR [Duhaime's Legal Dict.,
93044. Mar. 26, 1992]. 2004]. 2. Allowing too much
time to pass since a person
Accused. The name for the had knowledge of an event
defendant in a criminal case. which may have allowed him
[Jurist’s Legal Dict., 2004]. to have legal recourse
against another, implying
Acknowledged natural that he waived his rights to
children. Natural children that legal recourse.
duly acknowledged or [Claridades, A., Compilation
recognized by the father and of Notes, 2001-2006].
mother jointly, or by only
one of them. [Claridades, A., Acquire. To gain by any
Compilation of Notes, 2001- means, usually by one’s own
2006]. exertions. To take on as a
part of one’s nature or
Acknowledgment. A formal qualifications. To attain,
declaration before an procure, win, earn, secure or
authorized official by the obtain. [Moreno’s Law Dict.,
person who executed an 2000 Ed., p. 9].
instrument that it is his free
act and deed; the certificate Acquired asset
of the official on such corporation. A corporation:
instrument attesting that it (a) which is under private
was so acknowledged. ownership, the voting or
[Glossary of Legal Terms outstanding shares of which
(Pro-Se), 2004]. were: (i) conveyed to the
Government or to a
A contrario. Lat. On the government agency,
contrary. [People v. Flores, instrumentality or
237 SCRA 662]. corporation in satisfaction of
debts whether by foreclosure
A contrario sensu. Lat. From of otherwise, or (ii) duly
the contrary sense. acquired by the Government
[Claridades, A., Compilation through final judgment in a
of Notes, 2001-2006]. sequestration proceeding; or
(b) which is a subsidiary of a
A converso. Lat. Conversely. government corporation
[Claridades, A., Compilation organized exclusively to own
of Notes, 2001-2006]. and manage, or lease, or
operate specific physical
Acquiescence. 1. Action or assets acquired by a
inaction which binds a government financial
person legally even though it institution in satisfaction of
18
debts incurred therewith, not show that defendant's

and which in any case by law guilt is beyond reasonable
or by enunciated policy is doubt; but dismissal does
required to be disposed of to not decide the case on the
private ownership within a merits or that the defendant
specified period of time. is not guilty. [Malanyaon v.
[Sec. 2, RA 7656]. Lising, GR L-56028. July 30,
1981]. 2. The legal
Acquired Immune certification of the innocence
Deficiency Syndrome of a person who has been
(AIDS). A condition charged with a crime, setting
characterized by a the person free from a
combination of signs and charge of guilty by a finding
symptoms, caused by HIV of not guilty. [Jurist’s Legal
contracted from another Dict., 2004]. 3. A release,
person and which attacks absolution, or discharge of
and weakens the body's an obligation or liability. In
immune system, making the criminal law the finding of
afflicted individual not guilty. [Glossary of Legal
susceptible to other life- Terms (Pro-Se), 2004].
threatening infections. [Sec. Compare with Dismissal.
3, RA 8504].
Act. Crim. Law. As used in Art.
Acquisitive prescription. 3 of the Rev. Penal Code, the
Civ. Law. The acquisition of term must be understood as
ownership and other real "any bodily movement
rights through the lapse of tending to produce some
time. [Claridades, A., effect in the external world."
Compilation of Notes, 2001- [People v. Gonzales, GR
2006]. 80762. Mar. 19, 1990].
Acquisitive prescription. Act. Intl. Law. Sometimes

Civ. Law. Requisites: For termed a Final act or
prescription to set in, the Protocol de cloture, it is
possession must be: (a) an instrument which records
adverse, (b) continuous, (c) the summary of a diplomatic
public and (d) to the conference. It reproduces
exclusion of all. [Corpuz v. the treaties, conventions or
Padilla, GR L-18099 & L- resolutions agreed upon by
18136. July 31, 1962]. the participants of the
conference. This is also
Acquittal. 1. It is always termed as a General act.
based on the merits, that is, [Coquia and Santiago, Intl.
the defendant is acquitted Law, 3rd Ed. (1998), p. 492].
because the evidence does
19
Act. Pol. Law. 1. An Rule 2, RoC]. 2. It includes

expression of will or counterclaim, set-off, and
purpose. It may denote suits in equity as provided
something done as a by law. [Sec. 58, Act 2137].
legislature, including not 3. The legal demand of one's
merely physical acts, but right, or rights; the lawful
also decrees, edicts, laws, demand of one's rights in
judgments, resolves, awards, the form given by law; a
and determinations. [Garcia demand of a right in a court
v. Comelec, GR 111230. Sep. of justice; the lawful demand
30, 1994, citing Black’s Law of one's right in a court of
Dict., 5th Ed., p. 24]. 2. A bill justice; the legal and formal
which has passed through demand of one's rights from
the various legislative steps another person or party,
required for it and which has made and insisted on in a
become law, as in an act of court of justice; a claim
Congress. Synonymous to made before a tribunal; an
Statute, Legislation or assertion in a court of justice
Law. [Duhaime's Legal Dict., of a right given by law; a
2004]. demand or legal proceeding
in a court of justice to secure
Acta jure gestionis. Lat. one's rights; the prosecution
Acts by right of of some demand in a court
management. [Claridades, of justice; the means by
A., Compilation of Notes, which men litigate with each
2001-2006]. other; the means that the
law has provided to put the
Acta jure imperii. Lat. Acts cause of action into effect.
by right of dominion. [Gutierrez Hermanos v. De la
[Claridades, A., Compilation Riva, 46 Phil. 827, 834-835].
of Notes, 2001-2006].
Actionable document. Rem.
Acting. Holding a temporary Law. A written instrument
rank or position, or upon which the action or
performing services defense is based. [Sec. 7,
temporarily. [Moreno’s Law Rule 8, RoC].
Dict., 2000 Ed., p. 10].
Actionable negligence. A
Action. Rem. Law. 1. An violation of the duty to use
ordinary suit in a court of care. [Moreno’s Law Dict.,
justice, by which one party 2000 Ed., p. 11].
prosecutes another for the
enforcement or protection of Actionable wrong. A
a right, or the prevention or violation of law. [Vales v.
redress of a wrong. [Sec. 1, Villa, 35 Phil. 788].
20
only between the parties.

Action for reconveyance. [Banco Español Filipino v.
Rem. Law. A legal remedy Palanca, 37 Phil. 921, 928
granted to a rightful owner (1918)].
of land wrongfully or
erroneously registered in the Actio or action in
name of another to compel personam. Lat. Rem. Law.
the latter to reconvey the 1. A personal action seeking
land to him. [Esconde v. redress against a particular
Barlongay, 152 SCRA 603 individual. An action against
(1987)]. a person on the basis of his
personal liability. [Hernandez
Action in ejectment. Rem. v. Rural Bank of Lucena, 76
Law. The term includes a SCRA 85]. 2. An action
suit of forcible entry against the person, founded
(detentacion) or unlawful on a personal liability. In
detainer (desahucio). [Sering contrast to action in rem, an
v. Plazo, GR L-49731. Sep. action for the recovery of a
29, 1988]. specific object, usually an
item of personal property.
Action quasi in rem. Rem. [Jurist’s Legal Dict., 2004].
Law. An action which while
not strictly speaking an Actio or action in rem. Lat.
action in rem partakes of Rem. Law. 1. An action for
that nature and is the recovery of the very
substantially such. . . . The thing. An action against the
action quasi in rem differs thing itself, instead of
from the true action in rem against the person.
in the circumstance that in [Hernandez v. Rural Bank of
the former an individual is Lucena, 76 SCRA 85]. 2.
named as defendant and the Proceeding against the thing
purpose of the proceeding is as compared to personal
to subject his interest actions (in personam).
therein to the obligation or Usually a proceeding where
lien burdening the property. property is involved. [Jurist’s
All proceedings having for Legal Dict., 2004].
their sole object the sale or
other disposition of the Actio personalis moritur
property of the defendant, cum persona; actio
whether by attachment, personalis in haeredem
foreclosure, or other form of non datur, nisi forte ex
remedy, are in a general damno locupletior haeres
way thus designated. The factus sit. Lat. A personal
judgment entered in these right of action dies with the
proceedings is conclusive person. A penal action is not
21
given against an heir, Active search. A prying into

unless, indeed, such heir is hidden places for that which
benefited by the wrong. is concealed. [Padilla v. CA,
[Petralba v. Sandiganbayan, GR 121917. Mar. 12, 1997,
GR 81337. Aug. 16, 1991]. citing Black's Law Dict., Rev.
4th Ed.].
Active fishing gear. A
fishing device characterized Active solidarity. It consists
by gear movements, and/or in the authority of each
the pursuit of the target creditor to claim and enforce
species by towing, lifting, the rights of all, with the
and pushing the gears, resulting obligation of paying
surrounding, covering, every one what belongs to
dredging, pumping and him; there is no merger,
scaring the target species to much less a renunciation of
impoundments; such as, but rights, but only mutual
not limited to, trawl, purse representation. [Quiombing
seines, Danish seines, bag v. CA, GR 93010. Aug. 30,
nets, paaling, drift gill net 1990, citing Tolentino, Civil
and tuna longline. [Sec. 4, Code of the Phil., Vol. IV, 85
RA 8550]. Ed., p. 228]. It is a kind of
solidarity where there are
Active ingredient. The several creditors and only
chemical component one debtor. [Diaz, Bus. Law
responsible for the claimed Rev., 1991 Ed., p. 24].
therapeutic effect of the Compare with Passive
pharmaceutical product. solidarity.
[Sec. 3, RA 6675].
Active subject. The person
Active mining area. Areas who can demand the
under actual exploration, performance of the
development, exploitation or obligation, otherwise known
commercial production as as the creditor or obligee.
determined by the DENR [Torres, Oblig. & Cont., 2000
Sec. after the necessary field Ed., p. 24]. Compare with
investigation or verification Passive subject.
including contiguous and
geologically related areas Activist school. Group of
belonging to the same claim Third World theorists who
owner and/or under contract argue that international law
with an operator, but in no reflects the interests of
case to exceed the developed states to the
maximum area allowed by detriment of developing
law. [Sec. 3, RA 7076]. states and who advocate
action by the latter to
22
change it. [Intl. Law Dict. & Act of state doctrine.

Direct., 2004]. Doctrine that the act of a
government within the
Act of God. An event which is boundaries of its own
caused solely by the effect territory is not subject to
of nature or natural causes judicial scrutiny in a foreign
and without any interference municipal court. A municipal
by humans whatsoever. court will decline to hear a
Insurance contracts often dispute based on such acts if
exclude “Acts of God” from to do so would interfere with
the list of insurable the conduct of the forum
occurrences as a means to state's foreign policy. [Intl.
waive their obligations for Law Dict. & Direct., 2004].
damage caused by
typhoons, floods or Acts by right of dominion.
earthquakes. [Duhaime's Acta jure imperii. Activities
Legal Dict., 2004]. of a governmental or public
nature carried out by a
Act of God doctrine. The foreign State or one of its
doctrine embodying the subdivisions, which qualify
principle that strictly for State immunity under the
requires that the act must be modern doctrine of
one occasioned exclusively restrictive foreign sovereign
by the violence of nature immunity. [Tetley, Glossary
and all human agencies are of Conflict of Laws, 2004].
to be excluded from creating
or entering into the cause of Acts by right of
the mischief. When the management. Acta jure
effect, the cause of which is gestionis. Activities of a
to be considered, is found to commercial nature carried
be in part the result of the out by a foreign State or one
participation of man, of its subdivisions or
whether it be from active agencies, which acts are not
intervention or neglect, or immune from the jurisdiction
failure to act, the whole and process of local courts
occurrence is thereby under the modern doctrine
humanized, as it were, and of restrictive foreign
removed from the rules sovereign immunity. [Tetley,
applicable to the acts of Glossary of Conflict of Laws,
God. [Napocor v. CA, GR 2004].
103442-45. May 21, 1993,
citing 1 Corpus Juris, pp. Acts contra bonus mores.
1174-1175]. Elements: (a) There is an act
which is legal; (b) but which
is contrary to morals, good
23
custom, public order, or

public policy; (c) and it is Acts of lasciviousness.
done with intent to injure. Crim. Law. The felony
[Albenson Enterprises Corp. committed by any person
v. CA, GR 88694. Jan. 11, who shall commit any act of
1993]. lasciviousness upon other
persons of either sex, under
Acts mala in se. Crim. Law. any of the circumstances
Acts wrong in themselves. In mentioned in Art. 335 of the
acts mala in se, the intent Rev. Penal Code. [Art. 336,
governs. [Dunlao v. CA, GR RPC].
111343. Aug. 22, 1996,
citing Sangco, Crim. Law, Act tending to prevent the
Vol. I, Book 1, 1979, p. 90]. meeting of the Assembly
and similar bodies. Crim.
Acts mala prohibita. Crim. Law. The felony committed
Law. Acts which would not by any person who, by force
be wrong but for the fact or fraud, prevents the
that positive law forbids meeting of the National
them. In cats mala prohibita, Assembly (Congress of the
the only inquiry is, has the Philippines) or of any of its
law been violated? [Gardner committees or sub-
v. People, 62 N.Y., 299, cited committees, constitutional
in US v. Go Chico, 14 Phil. commissions or committees
134]. or divisions thereof, or of
any provincial board or city
Acts merely tolerated. or municipal council or
Those which by reason of board. [Art. 143, RPC, as
neighborliness or familiarity, reinstated by EO 187].
the owner of property allows
his neighbor or another Actual. Something real, or
person to do on the actually existing, as opposed
property; they are generally to something merely
those particular services or possible, or to something
benefits which one's which is presumptive or
property can give to another constructive. [Moreno, Phil.
without material injury or Law Dict., 3rd Ed., p. 26 citing
prejudice to the owner who Salaysay v. Ruiz Castro, 98
permits them out of Phil. 385 (1956)].
friendship or courtesy.
[Sarona v. Villegas, GR L- Actual case. Also Actual
22984. Mar. 27, 1968, citing controversy. An existing
II Tolentino, Civil Code of the case or controversy that is
Phil., 1963, ed., p. 227, in appropriate or ripe for
turn citing 1 Ruggiero 843]. determination, not
24
conjectural or anticipatory. to part with property or to

[Garcia v. Exec. Sec., 204 surrender some legal right,
SCRA 516, 522 (1991)]. and which accomplishes the
end designed. [Berico v. CA,
Actual damages. Also GR 96306. Aug. 20, 1993]. 2.
Compensatory damages. The intentional omission of
Adequate compensation to fact required by law to be
which a person is entitled stated in the application or
only for such pecuniary loss willful statement of a claim
suffered by him as he has against truth. It may also
duly proved, except as constitute specific acts
provided by law or by intended to deceive or
stipulation [Art. 2199, CC]. deprive another of his right,
but lack of actual notice of
Actual delivery. Also Real the proceedings does not
delivery. 1. The placement itself establish fraud.
of the thing sold in the [Albano, Civil Law Reviewer,
control and possession of the Rev. Ed., p. 524, citing Alba
vendee. [Art. 1497, CC]. 2. v. Dela Cruz, 17 Phil. 49].
Delivery where physical Compare with Constructive
possession is given to the fraud.
vendee or his
representative. [Onapal Actual loss. Mar. Ins. A loss
Phils. v. CA, GR 90707. Feb. may be presumed from the
1, 1993, citing Black's Law continued absence of a ship
Dict. 515-516 (4th Ed.)]. 3. without being heard of. The
Sales. The ceding of length of time which is
corporeal possession by the sufficient to raise this
seller, and the actual presumption depends on the
apprehension of corporeal circumstances of the case.
possession by the buyer or [Sec. 132, IC].
by some person authorized
by him to receive the goods Actual possession.
as his representative for the Possession as a fact or
purpose of custody or physical possession.
disposal. [Moreno, Phil. Law [Moreno’s Law Dict., 2000
Dict., citing Andrada v. Ed., p. 12]. Compare with
Argel, 65 OG 1054]. Constructive possession.
Compare with Constructive
delivery. Actual service. The period of
time for which pay has been
Actual fraud. 1. Intentional received, excluding period
fraud; it consists in covered by terminal leave.
deception, intentionally [Sec. 3, PD 985].
practiced to induce another
25
Actual total loss. Ins. Loss Acute conjunctivitis. Sore

caused by: (a) a total eyes. [Moreno’s Law Dict.,
destruction of the thing 2000 Ed., p. 12].
insured; (b) the irretrievable
loss of the thing by sinking, Ada. Customary law. [Art. 7,
or by being broken up; (c) PD 1083 (Code of Muslim
any damage to the thing Personal Laws of the
which renders it valueless to Philippines)].
the owner for the purpose
for which he held it; or (d) Addendum. An attachment to
any other event which a written document.
effectively deprives the [Duhaime's Legal Dict.,
owner of the possession, at 2004].
the port of destination, of
the thing insured. [Sec. 130, Additional evidence. Such
IC]. Compare with evidence allowed to be
Constructive total loss. offered (a) when it is newly
discovered, or (b) where it
Actual use. The purpose for has been omitted through
which the property is inadvertence or mistake, or
principally or predominantly (c) where the purpose of the
utilized by the persons in evidence is to correct
possession of the property. evidence previously offered.
[Sec. 3, PD 464]. [Lopez v. Liboro, GR L-1787.
Aug. 27, 1948, citing I
Actus ipsa loquitur. Lat. Let Moran's Comments on the
the act speak for itself. Rules of Court, 2d Ed., 545;
[Moreno’s Law Dict., 2000 64 CJ, 160-163].
Ed., p. 12].
Address. The direction for
Actus me invito factus non delivery of a letter; the name
est meus actus. Lat. An act or description of a place of
done by me against my will residence, business, etc.,
is not my act. [People v. where a person may be
Salvatierra, GR 111124. June found or communicated
20, 1996]. with. [Lim Sih Beng v. Rep.,
GR L-23387. Apr. 24, 1967,
Actus non facit reum, nisi citing 2 Words and Phrases,
mens sit rea. Lat. An act is (p. 529)].
not criminal unless the mind
is criminal. [People v. Addressee. A person who is
Quijada, GR 115008-09. July intended by the originator to
24, 1996]. receive the electronic data
message or electronic
document, but does not
26
include a person acting as Tolentino, Civil Code of the

an intermediary with respect Phil., Vol. IV (1986), p. 506].
to that electronic data 2. A fine-print consumer
message or electronic data form contract which is
document. [Sec. 5, RA generally given to
8792]. consumers at point-of-sale,
with no opportunity for
Adequate remedy. A negotiation as to it's terms,
remedy which is equally and which, typically, sets out
beneficial, speedy and the terms and conditions of
sufficient, not merely a the sale, usually to the
remedy which at some time advantage of the seller.
in the future will bring about [Duhaime's Legal Dict.,
a revival of the judgment of 2004].
the lower court complained
of in the certiorari Ad hoc. Lat. For this purpose;
proceeding, but a remedy for a specific purpose.
which will promptly relieve [Duhaime's Legal Dict.,
the petitioner from the 2004].
injurious effects of that
judgment and the acts of the Ad infinitum. Lat. Forever;
inferior court or tribunal. without limit; indefinitely.
[Silvestre v. Torres, 57 Phil. [Duhaime's Legal Dict.,
885, 11 CJ., p. 113]. 2004].
Adherence to the enemy. Ad interim. In the meantime

The act of a citizen of or for the time being. Thus,
favoring the enemy and an officer ad interim is one
harboring sympathies or appointed to fill a vacancy,
convictions disloyal to his or to discharge the duties of
country’s policy or interest. the office during the absence
[Gregorio, Fund. of Crim. or temporary incapacity of
Law Rev., 1997 9th Ed., p. its regular incumbent. [PLM
363, citing Cramer v. US, 65 v. IAC, GR L-65439. Nov. 13,
Sup. Crt. 918]. 1985, citing Black's Law
Dict., Rev. 4th Ed., 1978].
Adhesion contract. 1. A
contract in which one of the Ad-interim appointment. 1.
parties imposes a ready- The appointment that the
made form of contract, President may make during
which the other party may the recess of the Congress,
accept or reject, but which or those made during a
the latter cannot modify. period of time from the
[PCIBank v. CA, GR 97785. adjournment of the Congress
Mar. 29, 1996, citing to the opening session,
27
regular or special, of the

same Congress. [Aytona v. Adjudicate. To settle in the
Castillo, GR L-19313. Jan. 19, exercise of judicial authority.
1962]. 2. An appointment To determine finally.
made by the President while Synonymous with “adjudge”
Congress is not in session. It in its strictest sense. [Cariño
takes effect immediately but v. CHR, GR 96681. Dec. 2,
ceases to be valid if 1991].
disapproved by the
Commission on Adjudication. Civ. Law. See
Appointments or upon the Dacion en pago or Dation
next adjournment of in payment.
Congress. Compare with
Regular appointment. Adjudication. Rem. Law. 1.
[Suarez, Pol. Law Reviewer, The rendition of a judgment
1st Ed., 2002, p. 393]. or final order which disposes
of the case on the merits.
Adjective or procedural [Bench Book for Trial Court
law. That body of law which Judges, p. 2-40]. 2. Giving or
governs the process of pronouncing a judgment or
protecting the rights under decree. Also the judgment
substantive law. [Glossary of given. [Glossary of Legal
Legal Terms (Pro-Se), 2004]. Terms (Pro-Se), 2004]. 3. A
See also Remedial law. judgment; giving or
pronouncing judgment in a
Adjournment. Pol. Law. case. Determination in the
During a session of exercise of judicial power.
Congress, mere temporary [Bouvier's Law Dict. 3rd
suspension of business from Revision (8th Ed.)].
day to day, or for such brief
periods of time as are Adjudication or judgment
agreed upon by the joint on the merits. A judgment
action of the two houses. which determines the rights
[Aytona v. Castillo, GR L- and liabilities of the parties
19313. Jan. 19, 1962]. based on the disclosed facts,
Compare with Recess. irrespective of formal,
technical or dilatory
Adjudge. 1. To pass on objections. It is not
judicially, to decide, settle or necessary, however, that
decree, or to sentence or there should have been a
condemn. The term implies a trial. If the judgment is
judicial determination of a general, and not based on
fact, and the entry of a any technical defect or
judgment. [Cariño v. CHR, objection, and the parties
GR 96681. Dec. 2, 1991]. had a full legal opportunity
28
to be heard on their shall inflict upon another any

respective claims and serious, physical injury, by
contentions, it is on the knowingly administering to
merits although there was him any injurious substance
no actual hearing or or beverages or by taking
arguments on the facts of advantage of his weakness
the case. [Mendiola v. CA, of mind or credulity. [Art.
GR 122807. July 5, 1996]. 264, RPC].
Adjunction. See Administration. The

Conjunction. aggregate of those persons
in whose hands the reins of
Ad litem. Lat. For the suit. A government are for the time
person appointed only for being (the chief ministers or
the purposes of prosecuting heads of departments). [US
or defending an action on v. Dorr, GR 1051. May 19,
behalf of another such as a 1903, citing Bouvier Law
child or mentally-challenged Dict., 89l]. Compare
person. Also called a Government.
Guardian ad litem.
[Duhaime's Legal Dict., Administrative. The term
2004]. connotes, or pertains, to
administration, especially
Administer. Any act of management, as by
introducing any dangerous managing or conducting,
drug into the body of any directing or superintending,
person, with or without the execution, application, or
his/her knowledge, by conduct of persons or things.
injection, inhalation, [Univ. of Nueva Caceres v.
ingestion or other means, or Martinez, GR L-31152. Mar.
of committing any act of 27, 1974, citing Fluet v.
indispensable assistance to a McCabe, 12 N.E. 2d. 93].
person in administering a
dangerous drug to Administrative act. Any
himself/herself unless action including decisions,
administered by a duly omissions,
licensed practitioner for recommendations, practices,
purposes of medication. or procedures of an
[Sec. 3, RA 9165]. administrative agency. [Sec.
9, PD 1487].
Administering injurious
substances or beverages. Administrative
Crim. Law. The felony adjudicatory power. See
committed by any person Quasi-judicial power.
who, without intent to kill,
29
Administrative agencies. presented; (c) the decision

Agencies created by the must have something to
legislative branch of support itself; (d) the
government to administer evidence must be
laws pertaining to specific substantial; (e) the decision
areas such as taxes, must be rendered on the
transportation, and labor. evidence presented at the
[Glossary of Legal Terms hearing, or at least
(Pro-Se), 2004]. contained in the record and
disclosed to the parties
Administrative agency. Any affected; (f) The tribunal or
department or other body or any of its judges,
governmental unit including therefore, must act on its or
any government-owned or his own independent
controlled corporation, any consideration of the law and
official, or any employee facts of the controversy, and
acting or purporting to act not simply accept the views
by reason of connection with of a subordinate in arriving
the government but it does at a decision; and (g) the
not include (a) any court or board or body should, in all
judge, or appurtenant controversial questions,
judicial staff; (b) the render its decision in such a
members, committees, or manner that the parties to
staffs of the National the proceeding can know the
Assembly; or (c) the various issues involved, and
President or his personal the reasons for the decisions
staff, or (4) the members of rendered. [Cruz, Constl. Law,
the Constitutional 1998 Ed., p. 119, citing, Ang
Commissions and their Tibay v. CIR, GR 46496. Feb.
personal staffs. [Sec. 9, PD 27, 1940]. Compare with
1487]. Judicial due process.
Administrative Code of Administrative feasibility.

1987. EO 292 signed into Taxation. The capability of a
law on July 25, 1987. tax system of being
effectively enforced.
Administrative due [Claridades, A., Compilation
process. Requisites: (a) The of Notes, 2001-2006].
right to a hearing which
includes the right of the Administrative functions.
party interested or affected 1. The executive machinery
to present his own case and of government and the
submit evidence in support performance by that
thereof; (b) the tribunal must machinery of governmental
consider the evidence acts. It refers to the
30
management actions, or its equivalent to generally

determinations, and orders oversee the operations of
of executive officials as they such agencies and to insure
administer the laws and try that they are managed
to make government effectively, efficiently and
effective. There is an economically but without
element of positive action, of interference with day-to-day
supervision or control. [In activities; or require the
Re: Manzano, AM 88-7-1861- submission of reports and
RTC. Oct. 5, 1988]. 2. Those cause the conduct of
which involve the regulation management audit,
and control over the conduct performance evaluation and
and affairs of individuals for inspection to determine
their own welfare and the compliance with policies,
promulgation of rules and standards and guidelines of
regulations to better carry the department; to take such
out the policy of the action as may be necessary
legislature or such as are for the proper performance
devolved upon the of official functions, including
administrative agency by the rectification of violations,
organic law of its existence abuses and other forms of
[Nasipit Integrated Arrastre misadministration; and to
v. Tapucar, SP-07599-R, 29 review and pass upon
Sep. 1978, Black's Law budget proposals of such
Dict.]. agencies but may not
increase or add to them.
Administrative law. 1. That [Sec. 38, Chap. 6, EO 292].
law which fixes the 2. The power or authority of
organization and determines an officer or body to oversee
the competence of the that subordinate officers of
administrative authorities bodies perform their
and which regulates the assigned duties and
methods by which the functions in accordance with
functions of the government law. [Claridades, A.,
are performed. [Suarez, Stat. Compilation of Notes, 2001-
Con., (1993), p. 38]. 2. That 2006].
body of law which applies for
hearings before quasi- Administrative tribunal.
judicial or administrative Hybrid adjudicating
tribunals. [Duhaime's Legal authorities which straddle
Dict., 2004]. the line between
government and the courts.
Administrative Between routine government
supervision. 1. The policy decision-making
authority of the department bodies and the traditional
31
court forums lies a hybrid, A., Compilation of Notes,

sometimes called a tribunal 2001-2006].
or administrative tribunal
and not necessarily presided Admiralty or maritime law.
by judges. These operate as 1. That body of law relating
a government policy-making to ships, shipping, marine
body at times but also commerce and navigation,
exercise a licensing, transportation of persons or
certifying, approval or other property by sea, etc.
adjudication authority which [Glossary of Legal Terms
is quasi-judicial because it (Pro-Se), 2004]. 2. The law
directly affects the legal and court with jurisdiction
rights of a person. over maritime affairs in
Administrative tribunals are general. [Intl. Law Dict. &
often referred to as Direct., 2004].
Commission, Authority or
Board. [Duhaime's Legal Admissible evidence. 1.
Dict., 2004]. Evidence which is relevant to
the issue and is not excluded
Administrator. 1. The person by law or by the Rules of
entrusted with the care, Court. [Claridades, A.,
custody and management of Compilation of Notes, 2001-
the estate of a deceased 2006]. 2. Evidence that can
person until the estate is be legally and properly
partitioned and distributed introduced in a civil or
to the heirs, legatees and criminal trial. [Glossary of
devisees, if any. [Bench Legal Terms (Pro-Se), 2004].
Book for Trial Court Judges,
p. 3-2]. 2. A person who Admission. Evid. 1. The act,
administers the estate of a declaration or omission of a
person deceased. The party as to a relevant fact
administrator is appointed which may be given in
by a court and is the person evidence against him. [Sec.
who would then have power 26, Rule 130, RoC]. 2. A
to deal with the debts and statement tending to
assets of a person who died establish the guilt or liability
intestate. Female of the person making the
administrators are called statement. [Jurist’s Legal
Administratrix. An Dict., 2004]. Compare with
administrator is a Personal Confession.
representative. [Duhaime's
Legal Dict., 2004]. Admission by conspirator.
Evid. The act or declaration
Administratrix. Lat. Female of a conspirator relating to
administrator. [Claridades, the conspiracy and during its
32
existence, which may be property, while holding the

given in evidence against title, in relation to the
the co-conspirator after the property, which may be
conspiracy is shown by given in evidence against
evidence other than such act the latter. [Sec. 31, Rule
of declaration. [Sec. 30, Rule 130, RoC].
130, RoC].
Admission by silence. Evid.
Admission by conspirator. 1. An act or declaration
Evid. Requisites: (a) that the made in the presence and
conspiracy be first proved by within the hearing or
evidence other than the observation of a party who
admission itself; (b) that the does or says nothing when
admission relates to the the act or declaration is such
common objects; and (c) as naturally to call for action
that it has been made while or comment if not true, and
the declarant was engaged when proper and possible for
in carrying out the him to do so, which may be
conspiracy. [People v. given in evidence against
Surigawan, GR 83215. Dec. him. [Sec. 30, Rule 132,
15, 1993]. RoC].
Admission by co-partner or Admission by silence. Evid.

agent. Evid. The act or Requisites: (a) That he heard
declaration of a partner or and understood the
agent of the party within the statement; (b) that he was
scope of his authority and at liberty to interpose a
during the existence of the denial; (c) that the
partnership or agency, which statement was in respect to
may be given in evidence some matter affecting his
against such party after the rights or in which he was
partnership or agency is then interested, and calling,
shown by evidence other naturally, for an answer; (d)
than such act or declaration. that the facts were within his
The same rule applies to the knowledge; and (e) that the
act or declaration of a joint fact admitted or the
owner, joint debtor, or other inference to be drawn from
person jointly interested with his silence would be material
the party. [Sec. 29, Rule to the issue. [People v.
130, RoC]. Paragsa, GR L-44060. July
20, 1978, citing IV Francisco,
Admission by privies. Evid. The Rev. Rules of Court in
The act, declaration, or the Phil., 1973 Ed., p. 316].
omission of one from whom
another derives title to
33
Admonish. To advise or object of the proceeding.

caution. For example the [Rep. v. CA, GR 97906. May
court may caution or 21, 1992, citing, 1 Am. Jur.,
admonish counsel for wrong Adoption of Children 621-
practices. [Glossary of Legal 622]. 2. The juridical act
Terms (Pro-Se), 2004]. which creates between two
persons a relationship
Admonition. A gentle or similar to that which results
friendly reproof, a mild from legitimate paternity
rebuke, warning or reminder, and filiation. [Prasnick v.
counseling, on a fault, error Rep., 98 Phil 655, quoting 4
or oversight, an expression Valverde 473].
of authoritative advice or
warning. They are not Adoption proceeding. A
considered as penalties. proceeding in rem or against
[Tobias v. Veloso, GR L- the whole world. The court
40224. Sep. 23, 1980]. acquires jurisdiction simply
by publication. [Moreno’s
Adopt-a-School Act of Law Dict., 2000 Ed., p. 16].
1998. RA 8525 entitled “An
Act establishing an ‘Adopt-A- Adoptive admission. A
School Program,’ providing party’s reaction to a
incentives therefor, and for statement or action by
other purposes” enacted on another person when it is
Feb. 14, 1998. reasonable to treat the
party’s reaction as an
Adoption. 1. An act by which admission of something
relations of paternity and stated or implied by the
affiliation are recognized as other person. [Estrada v.
legally existing between Desierto, 356 SCRA 108].
persons not so related by
nature. The taking into one's Ad proximum antedecens
family of the child of another fiat relatio nisi
as son or daughter and heir impediatur sentencia. Lat.
and conferring on it a title to Relative words refer to the
the rights and privileges of nearest antecedent, unless it
such. The purpose of an be prevented by the context.
adoption proceeding is to [Abella v. Comelec, GR
effect this new status of 100710. Sep. 3, 1991, citing
relationship between the Black's Law Dict., 4th Ed.,
child and its adoptive 57].
parents, the change of name
which frequently ADR. Abbreviation for
accompanies adoption being Alternative dispute
more an incident that the
34
resolution. [Duhaime's Ad valorem property tax. A

Legal Dict., 2004]. tax invariably based upon
ownership of property, and is
ADR practitioners. payable regardless of
Individuals acting as whether the property is used
mediator, conciliator, or not, although of course
arbitrator or neutral the value may vary in
evaluator. [Sec. 3, RA 9285]. accordance with such factor.
[Villanueva v. City of Iloilo,
ADR providers. Institutions GR L-26521. Dec. 28, 1968,
or persons accredited as citing 51 Am. Jur. 53].
mediator, conciliator,
arbitrator, neutral evaluator, Ad valorem tax. 1. A levy on
or any person exercising real property determined on
similar functions in any the basis of a fixed
alternative dispute proportion of the value of
resolution system (ADR). the property. [Sec. 3, PD
This is without prejudice to 464]. 2. An excise tax based
the rights of the parties to on selling price or other
choose non-accredited specified value of the article.
individuals to act as [Comm. of Int. Rev. v. Mobile
mediator, conciliator, Phil. Inc., GR 104920. Apr.
arbitrator, or neutral 28, 1994]. Compare with
evaluator of their dispute. Specific tax.
[Sec. 3, RA 9285].
Adventitious property.
Adultery. Crim. Law. 1. The Property earned or acquired
felony committed by any by the minor child through
married woman who shall his work or industry by
have sexual intercourse with onerous or gratuitous title. It
a man not her husband and is owned by the child but is
by the man who has carnal administered by the parents.
knowledge of her knowing The child is also the
her to be married, even if usufructuary of the property
the marriage be but his use thereof is
subsequently declared void. secondary only to the
[Art. 333, RPC]. 2. Voluntary collective daily needs of the
sexual intercourse between family. Compare with
a married person and Profectitious property.
another person who is not
their married spouse. Adversarial or contentious
[Duhaime's Legal Dict., action or proceedings.
2004]. Rem. Law. An action or
proceedings having opposing
parties; (is) contested, as
35
distinguished from an ex event of the suit that a legal

parte hearing or proceeding, right or liability will be
of which the party seeking acquired, lost, or materially
relief has given legal notice affected by the judgment,
to the other party and and must be such as would
afforded the latter an be promoted by the success
opportunity to contest it. of the adversary of the party
[Manila Golf v. IAC, GR calling him. [Black’s Law
64948. Sep. 27, 1994, citing Dict., Abr. 5th Ed. (1983), p.
Black's Law Dict., 5th Ed., p. 26].
40].
Adverse party. A party to an
Adversary proceeding. action whose interests are
Rem. Law. 1. One having opposed to or opposite the
opposing parties; contested, interests of another party to
as distinguished from an ex an action. [Black’s Law Dict.,
parte application, one of Abr. 5th Ed. (1983), p. 26].
which the party seeking
relief has given legal Adverse possession. 1. The
warning to the other party, possession of land, without
and afforded the latter an legal title, for a period of
opportunity to contest it. [GR time sufficient to become
L-32181, Mar. 5, 1986, 141 recognized as legal owner.
SCRA 462]. 2. A proceeding The more common word for
having opposing parties such this is squatters. [Duhaime's
as a plaintiff and a Legal Dict., 2004]. 2. The
defendant. Individual method of acquiring real
lawsuit(s) brought within a property under certain
bankruptcy proceeding. conditions by possession for
[Glossary of Legal Terms a statutory period. [Glossary
(Pro-Se), 2004]. of Legal Terms (Pro-Se),
2004].
Adverse claim. A claim of
any part or interest in Advertisement. 1. Any visual
registered land adverse to and/or audible message
the registered owner, arising disseminated to the public
subsequent to the date of about or on a particular
the original registration. product that promote and
[Sec. 110, Act 496]. give publicity by words,
designs, images or any other
Adverse interest. Such means through broadcasts,
interest of a witness - so as electronic, print or whatever
to permit cross-examination form of mass media,
by the party calling him – as including outdoor
would be so involved in the advertisements, such as but
36
no limited to signs and or is engaged or concerning

billboards. [Sec. 4, RA 9211]. the manner of their conduct,
2. The prepared and through the magnitude of the
any form of mass medium, interest involved, the
subsequently applied, importance of the lawyer's
disseminated or circulated position, and all other like
advertising matter. [Art. 4, self-laudation. [Ulep v. Legal
RA 7394]. Clinic, Bar Matter 553. June
17, 1993].
Advertisement by lawyer,
rule on. The Code of Advertisement of talent or
Professional Responsibility skill, prohibition on. The
provides that a lawyer in standards of the legal
making known his legal profession condemn the
services shall use only true, lawyer's advertisement of
honest, fair, dignified and his talents. A lawyer cannot,
objective information or without violating the ethics
statement of facts. He is not of his profession, advertise
supposed to use or permit his talents or skills as in a
the use of any false, manner similar to a
fraudulent, misleading, merchant advertising his
deceptive, undignified, self- goods. The proscription
laudatory or unfair against advertising of legal
statement or claim regarding services or solicitation of
his qualifications or legal legal business rests on the
services. Nor shall he pay or fundamental postulate that
give something of value to the practice of law is a
representatives of the mass profession. [Ulep v. Legal
media in anticipation of, or Clinic, Bar Matter 553. June
in return for, publicity to 17, 1993].
attract legal business. Prior
to the adoption of the Code Advertiser. 1. The client of
of Professional the advertising agency or
Responsibility, the Canons of the sponsor of the
Professional Ethics had also advertisement on whose
warned that lawyers should account the advertising is
not resort to indirect prepared, conceptualized,
advertisements for presented or disseminated.
professional employment, [Art. 4, RA 7394]. 2. A
such as furnishing or person or entity on whose
inspiring newspaper account of for whom an
comments, or procuring his advertisement is prepared
photograph to be published and disseminated by the
in connection with causes in advertising agency, which is
which the lawyer has been service established and
37
operated for the purpose of the law. [Aguila v. CA, 160

counseling or creating and SCRA 359].
producing and/or
implementing advertising Aequitas non facit jus, sed
program in various forms of juri auxiliatur. Lat. Equity
media. [Sec. 4, RA 9211]. does not make the law, but
supports the law. [Borja v.
Advertising. 1. The business CA, GR 95667. May 8, 1991].
of conceptualizing,
presenting, making available Aequitas rem ipsam
and communicating to the intuetur de forma et
public, through any form of circumstantiis minus
mass media, any fact, data anxia. Lat. Equity regards
or information about the not the form but the
attributes, features, quality substance of the act.
or availability of consumers [Moreno’s Law Dict., 2000
products, services or credit. Ed., p. 17].
[Sec. 4, RA 9211]. 2. The
business of conceptualizing, Aequitas sequitur legem.
presenting or making Lat. Equity follows the law.
available to the public, [Moreno’s Law Dict., 2000
through any form of mass Ed., p. 17].
media, fact, data or
information about the Aequum et bonum est lex
attributes, features, quality legum. Lat. That which is
or availability of consumer equitable and right is the law
products, services or credit. of laws. [Moreno’s Law Dict.,
[Art. 4, RA 7394]. 2000 Ed., p. 17].
Advertising agency or Aerial domain. The airspace

agent. A service above the terrestrial domain
organization or enterprise and the maritime and fluvial
creating, conducting, domain of the state, to the
producing, implementing or limits of the atmosphere but
giving counsel on does not include outer
promotional campaigns or space. [Cruz, Intl. Law
programs through any Reviewer, 1996 Ed., p. 67].
medium for and in behalf of
any advertiser. [Art. 4, RA Affiant. The person who
7394]. makes and subscribes an
affidavit. [Glossary of Legal
Aequetas nunquam Terms (Pro-Se), 2004].
contravenit legis. Lat.
Equity is not applied against Affidavit. 1. A statement
which before being signed,
38
the person signing takes an case may be. It serves as the

oath that the contents are, jurisdictional basis for the
to the best of their court to entertain a petition
knowledge, true. It is also for relief. [Garcia v. CA, GR
signed by a notary or some 96141. Oct. 2, 1991].
other judicial officer that can
administer oaths, to the Affiliated corporation. A
effect that the person corporation related to
signing the affidavit was another by owning or being
under oath when doing so. owned by common
These documents carry management or by a long-
great weight in Courts to the term lease of its properties
extent that judges frequently or other control device. An
accept an affidavit instead of affiliation exists between a
the testimony of the witness. holding or parent company
[Duhaime's Legal Dict., and its subsidiary, or
2004]. 2. A voluntary, between two corporations
written, or printed owned or controlled by a
declaration of facts, third. [De Leon, Corp. Code
confirmed by oath of the of the Phil. Annotated, 1989
party making it before a Ed., p. 40, citing Kohler, A
person with authority to Dict. for Accountants, 1975
administer the oath. Ed., p. 26].
[Glossary of Legal Terms
(Pro-Se), 2004]. Affinity. The connection
existing in consequence of a
Affidavit of consolidation marriage, between each of
of ownership. A sworn the married persons and the
statement executed by the kindred of the other. [Paras,
vendee-a-retro to the effect Phil. Conflict of Laws, 8th Ed.
that the period of (1996), p. 308]. Compare
repurchase has expired and with Consanguinity.
the vendor failed to exercise
his right to repurchase. Affirmation. A solemn and
[Moreno’s Law Dict., 2000 formal declaration that an
Ed., p. 17]. affidavit is true. This is
substituted for an oath in
Affidavit of merit. An certain cases. [Glossary of
affidavit showing the fraud, Legal Terms (Pro-Se), 2004].
accident, mistake, or
excusable negligence relied Affirmative defense. Rem.
upon, and the facts Law. 1. An allegation of new
constituting the petitioner's matter which, while
good and substantial cause admitting the material
of action or defense, as the allegations of the complaint,
39
expressly or impliedly, would alternative penalty, which

nevertheless prevent or bar exceeds 6,000 pesos. [Arts.
recovery by the plaintiff. The 25-26, RPC].
affirmative defenses include
fraud, statute of limitations, Affordable cost. The most
release payment, illegality, reasonable price of land and
statute of frauds, estoppel, shelter based on the needs
former recovery, discharge and financial capability of
in bankruptcy, and all other Program beneficiaries and
matter by way of confession appropriate financing
and avoidance. [Sec. 5, Rule schemes. [Sec. 3, RA 7279].
6, RoC]. 2. A defense raised
in a responsive pleading Affreightment contract. 1.
(answer) relating a new A contract by which the
matter as a defense to the owner of a ship or other
complaint; affirmative vessel lets the whole or a
defenses might include part of her to a merchant or
contributory negligence or other person for the
estopped in civil actions; in conveyance of goods, on a
criminal cases insanity, particular voyage, in
duress, or self-defense might consideration of the
be used. [Glossary of Legal payment of freight. [Planters
Terms (Pro-Se), 2004]. Products v. CA, GR 101503.
Compare with Negative Sep. 15, 1993, citing
defense. Bouvier's Law Dict., 3rd Rev.,
Vol. I, p. 470]. 2. A contract
Affirmed. In the practice of with the ship owner to hire
appellate courts, the word his ship or part of it, for the
means that the decision of carriage of goods, and
the trial court is correct. generally takes the form
[Glossary of Legal Terms either of a charter party or a
(Pro-Se), 2004]. bill of lading. [Market
Developers v. IAC, GR
Afflictive penalties. The 74978. Sep. 8, 1989].
following are afflictive
penalties under the Rev. A fortiori. More effective;
Penal Code: Reclusion with greater reason.
perpetua, reclusion [LawInfo Legal Dict. (2005)].
temporal, perpetual or
temporary absolute After-acquired property.
disqualification, perpetual or Property acquired during the
temporary special interval between the
disqualification, prision execution of the will and the
mayor, and fine, whether death of the testator which
imposed as a single of as an are not, as a rule, included
40
among the properties with third persons. [Rallos v.

disposed of, unless it should Chan, GR L-24332. Jan. 31,
expressly appear in the will 1978]. 2. Civ. Serv. Law. Any
itself that such was the bureau, office, commission,
intention of the testator. administration, board,
[Jurado, Comments & Jurisp. committee, institute,
on Succession, 1991 8th Ed., corporation, whether
p. 35, citing Art. 794, CC]. performing governmental or
proprietary function, or any
After-cataract. See other unit of the National
Secondary cataract. Government, as well as
provincial, city or municipal
After date. The term refers government. [Sec. 3, PD
to the date of issuance of 807].
the negotiable instrument.
[Claridades, A., Compilation Agency contract. A contract
of Notes, 2001-2006]. whereby a person binds
himself to render some
After sight. The term refers service or to do something in
to the date of presentment representation or on behalf
for acceptance to the of another, with the consent
drawee of the negotiable or authority of the latter.
instrument. [Claridades, A., [Art. 1868, CC].
Compilation of Notes, 2001-
2006]. Agency coupled with an
interest. (a) An agency
Agama Arbitration Council. created not only for the
A body composed of the interest of the principal but
Chairman and a also for the interest of a
representative of each of the third person; or (b) one
parties to constitute a created for the mutual
council to take all necessary interest of both the principal
steps for resolving conflicts and the agent. [Diaz, Bus.
between them. [Art. 7, PD Law Rev., 1991 Ed., p. 171].
1083 (Code of Muslim
Personal Laws of the Agency of the government.
Philippines)]. Any of the various units of
the Government, including a
Agency. 1. Civ. Law. A department, bureau, office,
relationship between two instrumentality, or
parties whereby one party, government-owned or
called the principal, controlled corporation, or a
authorizes another, called local government or a
the agent, to act for and in distinct unit therein. [Sec. 2,
his behalf on transactions Admin. Code of 1987].
41
Agente administrador. Sp.

Agency shop. Labor. An Managing agent. [Moreno’s
agreement under which Law Dict., 2000 Ed., p. 19].
employees who do not join
the union must pay dues as Agente de negocios. Sp.
a condition of employment See Business agent.
to help defray the union
expenses as a bargaining Agent of a person in
agent for the group or all the authority. A person who, by
employees. This is otherwise direct provision of law or by
know as the “anti-free rider” election or by appointment
or “hitchhiker” clause in the by competent authority, is
CBA. [Poquiz, Labor Rel. Law, charged with the
1999 Ed. p. 157]. maintenance of public order
and the protection and
Agency to sell. A contract security of life and property,
whereby a person who such as a barrio councilman,
received goods from another barrio policeman and
is obligated to return them barangay leader and any
to the latter if ever he is person who comes to the aid
unable to sell them. of persons in authority. [Art.
[Moreno’s Law Dict., 2000 152, RPC, as amended by PD
Ed., pp. 18-19]. 299 and BP 873].
Agent. 1. A person who, by Age of gestation. The length

the contract of agency, binds of time the fetus is inside the
himself to render some mother's womb. [Sec. 3, RA
service or to do something in 7600].
representation or on behalf
of another, with the consent Age of majority. It
or authority of the latter. commences at the age of
[Art. 1868, CC]. 2. A person eighteen years. [Art. 234,
who has received the power FC, as amended by RA
to act on behalf of another, 6809]. Also, Majority.
binding that other person as
if he were himself making Aggravated illegal
the decisions. The person possession of firearm.
who is being represented by The use of unlicensed
the agent is referred to as firearm in the commission of
the principal. [Duhaime's homicide or murder which
Legal Dict., 2004]. See also aggravates the crime and
Representative. makes it more heavily
punished with the capital
punishment. [People v.
Caling, GR 94784. May 8,
42
1992]. Compare with Gen. Assembly, Dec. 14,

Simple illegal possession 1974].
of firearm.
Agrarian dispute. Any
Aggravating controversy relating to
circumstances. Those tenurial arrangements,
circumstances that serve to whether leasehold, tenancy,
increase the penalty without stewardship or otherwise,
exceeding the maximum over lands devoted to
provided by law because of agriculture, including
the greater perversity of the disputes concerning
offender as shown by the farmworkers' associations or
motivating power of the representation of persons in
commission of the crime, the negotiating, fixing,
time and place of its maintaining, changing, or
commission, the means seeking to arrange terms or
employed or the personal conditions of such tenurial
circumstances of the arrangements. [Sec. 3, RA
offender. [Gregorio, Fund. of 6657].
Crim. Law Rev., 1997 9th Ed.,
p. 52]. Compare with Agrarian reform.
Mitigating circumstances. Redistribution of land,
regardless of crops or fruits
Aggregator. A person or produced, to farmers and
entity, engaged in regular farmworkers who are
consolidating electric power landless, irrespective of
demand of end-users in the tenurial arrangement, to
contestable market, for the include the totality of factors
purpose of purchasing and and support services
reselling electricity on a designed to lift the economic
group basis. [Sec. 4, RA status of the beneficiaries
9136]. and all other arrangements
alternative to the physical
Aggression. Intl. Law. The redistribution of lands, such
use of armed force by a as production or profit-
state against the sharing, labor
sovereignty, territorial administration, and the
integrity or political distribution of shares of
independence of another stock, which will allow
state or in any other manner beneficiaries to receive a
inconsistent with the UN just share of the fruits of the
Charter. [Cruz, Intl. Law lands they work. [Sec. 3, RA
Reviewer, 1996 Ed., p. 50, 6657].
citing Resolution of the UN

43
Agrarian reform manifests its agrement or

community (ARC). A consent that the diplomatic
barangay at the minimum or representative is appointed
a cluster of contiguous and formally accredited.
barangays where there is a [Cruz, Intl. Law Reviewer,
critical mass of farmers or 1996 Ed., p. 83].
farm workers and which
features the main thrust of Agreement. 1. A coming
agrarian development: land together of minds; the
tenure improvement and coming together in accord of
effective delivery of support two minds on a given
services. [Sec. 4, RA 8435]. proposition. [Mindanao
Terminal & Brokerage
Agrarian reform credit. Services v. Confesor, GR
Production or other types of 111809. May 5, 1997, citing
loans used for the Black's Law Dict. 62 (5th Ed.,
acquisition of work animals, 1979)]. 2. Mutual consent.
farm equipment and [Jurist’s Legal Dict., 2004].
machinery, seeds, fertilizers,
poultry and livestock feeds Agreement, arrangement
and other similar items; or accord. Intl. Law. The
acquisition of lands terms are used
authorized under the interchangeably and refer to
Comprehensive Agrarian an instrument of a more
Reform Law (CARL); limited subject and of lesser
construction or acquisition of importance than a formal
facilities for the production treaty or convention. [Coquia
and effective merchandising and Santiago, Intl. Law, 3rd
of agricultural commodities. Ed. (1998), p. 492].
[Sec. 4, RA 7607].
Agri-business activity. Any
A gratis argumentis. Lat. business activity involving
For the sake of argument. the manufacturing,
[Claridades, A., Compilation processing, and/or
of Notes, 2001-2006]. production of agricultural
produce, excluding farm
Agreation. Intl. Law. The level agricultural/crop
practice now observed by production. [Sec. 4, RA 6977,
most states by means of as amended].
which inquiries are
addressed to the receiving Agricultural activity. Also
state regarding a proposed Agricultural enterprise.
diplomatic representative of See Agriculture.
the sending state. It is only
when the receiving state
44
Agricultural engineer. A results of which modify or

natural person who has been alter the physical
issued a certificate of characteristics of the
registration by the Board of agricultural lands to render
Agricultural Engineering and them suitable for non-
has taken the oath of agricultural purposes,
profession of agricultural without an approved order of
engineers. [Sec. 3, RA 8559]. conversion from the DAR.
[Sec. 4, RA 8435].
Agricultural engineering,
practice of. The profession Agricultural lands. 1. Lands
requiring the application of devoted to or suitable for the
the fundamental and known cultivation of the soil,
principles of engineering to planting of crops, growing of
the peculiar condition and trees, raising of livestock,
requirements of agriculture poultry, fish or aquaculture
as an industry and as a field production, including the
of science. [Sec. 3, RA harvesting of such farm
8559]. products, and other farm
activities and practices
Agricultural enterprise. performed in conjunction
Also Agricultural activity. with such farming operations
See Agriculture. by persons whether natural
or juridical and not classified
Agricultural land. 1. Land by law as mineral land,
devoted to agricultural forest land, residential land,
activity and not classified as commercial land, or
mineral, forest, residential, industrial land. [Sec. 4, RA
commercial or industrial 8435]. 2. Lands which are
land. [Sec. 3 (c), RA 6657]. arable and suitable
2. Land devoted principally agricultural lands and do not
to the raising of crops such include commercial,
as rice, corn, sugar cane, industrial and residential
tobacco, coconut, etc., or to lands. [Luz Farms v. Sec. of
pasturing, dairying, inland the DAR, GR 86889, 4 Dec.
fishery, salt making, and 1990, 192 SCRA 51, citing
other agricultural uses, Record, CONCOM, 7 Aug.
including timberlands and 1986, Vol. III, p. 30].
forest lands. [Sec. 3, PD
464]. Agricultural land use
conversion. The process of
Agricultural land, changing the use of
premature conversion of. agricultural land to non-
The undertaking of any agricultural uses. [Sec. 4, RA
development activity, the 8435].
45
efficient and economic farm

Agricultural lease management. [Sec. 4, RA
relationship. See Share 8435].
tenancy relationship.
Agricultural owner-
Agricultural lessee. A cultivator. Any person who,
person who, by himself and providing capital and
with the aid available from management, personally
within his immediate farm cultivates his own land with
household, cultivates the the aid of his immediate
land belonging to, or family and household. [Sec.
possessed by, another with 166, RA 3844].
the latter's consent for
purposes of production, for a Agricultural product. 1. A
price certain in money or in specific commodity under
produce or both. It is Chapter 1 to 24 of the
distinguished from civil Harmonized System (HS) of
lessee as understood in the the Commodity Classification
Civil Code of the Philippines. as used in the Tariff and
[Sec. 166, RA 3844]. Customs Code of the
Philippines. [Sec. 4, RA
Agricultural lessor. A 8800]. 2. The yield of the
person, natural or juridical, soil, such as corn, rice,
who, either as owner, civil wheat, rye, hay. coconuts,
law lessee, usufructuary, or sugarcane, tobacco, root
legal possessor, lets or crops, vegetables, fruits,
grants to another the flowers, and their by-
cultivation and use of his products; ordinary salt; all
land for a price certain. [Sec. kinds of fish; poultry; and
166, RA 3844]. livestock and animal
products, whether in their
Agricultural original form or not. [Sec.
mechanization. The 131, RA 7160].
development, adoption,
manufacture and application Agricultural production.
of appropriate location- Raising, growing and rearing
specific, and cost-effective of crops, livestock and
agricultural technology using fisheries for food, feed and
human, animal, mechanical, as raw materials. [Sec. 2, PD
electrical and other non- 2032].
conventional sources of
energy for agricultural Agricultural purpose. A
production and post-harvest purpose related to the
operations consistent with production, harvest,
agronomic conditions and for processing, manufacture,
46
distribution, storage, tenancy)” enacted on Aug.

transportation, marketing, 30, 1954.
exhibition or disposition of
agricultural, fishery or Agricultural year. 1. The
marine products. [Art. 4, RA period of time required for
7394]. raising a particular
agricultural product,
Agricultural sector. The including the preparation of
sector engaged in the the land, sowing, planting
cultivation of the soil, and harvesting of crops and,
planting of crops, growing of whenever applicable,
fruit trees, raising of threshing of said crops:
livestock, poultry, or fish, Provided, however, That in
including the harvesting and case of crops yielding more
marketing of such farm than one harvest from
products, and other farm planting, agricultural year
activities and practices. shall be the period from the
[Sec. 4, RA 8435]. preparation of the land to
the first harvest and
Agricultural tenancy. The thereafter from harvest to
physical possession by a harvest. In both cases, the
person of land devoted to period may be shorter or
agriculture belonging to, or longer than a calendar year.
legally possessed by, [Sec. 166, RA 3844]. 2. The
another for the purpose of period of time necessary for
production through the labor the raising of seasonal
of the former and of the agricultural products,
members of his immediate including the preparation of
farm household, in the land, and the sowing,
consideration of which the planting and harvesting the
former agrees to share the crop. [Sec. 5 [c], RA 1199].
harvest with the latter, or to
pay a price certain or Agriculture. 1. Farming in all
ascertainable, either in its branches and among
produce or in money, or in other things includes the
both. [Sec. 3, RA 1199]. cultivation and tillage of soil,
dairying, the production,
Agricultural Tenancy Act of cultivation, growing and
the Philippines. RA 199 harvesting of any
entitled “An Act to govern agricultural and horticultural
the relations between commodities, the raising of
landholders and tenants of livestock or poultry, and any
agricultural lands practices performed by a
(leaseholds and share farmer or on a farm as an
incident to or in conjunction
47
with such farming principles of social justice.

operations, but does not [Sec. 4, RA 8435].
include the manufacturing or
processing of sugar, Agriculture and Fisheries
coconuts, abaca, tobacco, Modernization Act of
pineapples or other farm 1997. RA 8435 entitled “An
products. [Art. 97, LC]. 2. Act prescribing urgent
The art or science of related measures to
cultivating the ground and modernize the agriculture
raising and harvesting crops, and fisheries sectors of the
often, including also, country in order to enhance
feeding, breeding and their profitability, and
management of livestock, prepare said sectors for the
tillage, husbandry, farming. challenges of globalization
[Webster's Intl. Dict., 2nd Ed. through an adequate,
(1954)]. focused and rational delivery
of necessary support
Agriculture. Also services, appropriating funds
Agricultural enterprise or therefor and for other
Agricultural activity. The purposes” enacted on Dec.
cultivation of the soil, 22, 1997.
planting of crops, growing of
fruit trees, raising of Agro-processing activities.
livestock, poultry or fish, The processing of raw
including the harvesting of agricultural and fishery
such farm products, and products into semi-
other farm activities and processed or finished
practices performed by a products which include
farmer in conjunction with materials for the
such farming operations manufacture of food and/or
done by person whether non-food products,
natural or juridical. [Sec. 3, pharmaceuticals and other
RA 6657]. industrial products. [Sec. 4,
RA 8435].
Agriculture and fisheries
modernization. The Aid. To support, to help, to
process of transforming the assist or to strengthen or to
agriculture and fisheries act in cooperation with.
sectors into one that is [Gatchalian v. Comelec, GR
dynamic, technologically L-32560-61. Oct. 22, 1970,
advanced and competitive citing Black's Law Dict., 3rd
yet centered on human Ed., p. 86].
development, guided by the
sound practices of Aid and abet. To actively,
sustainability and the knowingly, or intentionally
48
assist another person in the hire, the navigation of

commission or attempted aircraft in furtherance of a
commission of a crime. business, or the navigation
[Glossary of Legal Terms of aircraft from one place to
(Pro-Se), 2004]. another for operation in the
conduct of a business. [Sec.
Aide-memoire. Literally 3, RA 776].
means “aid to memory.” A
diplomatic correspondence Airconditioning equipment.
consisting of a brief Equipment for the control of
summary of oral temperature, humidity,
representations already purity, and environment
made. [Coquia and Santiago, such as room, split and
Intl. Law, 3rd Ed. (1998), p. unitary package type (air-
492]. cooled and water-cooled)
airconditioners whose prime
Aiding and abetting a band mover may be steam,
of brigands. Crim. Law. The electricity, the sun and any
felony committed by any other source of power,
person who knowingly and in commercial and industrial
any manner aiding, abetting airconditioning systems;
or protecting a band of direct expansion or chilled
brigands as described in the water systems;
Art. 306 of the Rev. Penal airconditioners for all types
Code, or giving them of vehicles, sealed, semi-
information of the sealed and open type
movements of the police or refrigerant compressor of
other peace officers of the the reciprocating rotary,
Government, when the latter screw, centrifugal, or
are acting in aid of the absorption type; cooling
Government, or acquiring or towers, airblowers,
receiving the property taken ventilators air handling units,
by such brigands. [Art. 307, condensers, receivers, and
RPC]. evaporator coils; electric or
pneumatic controls. [Sec. 1,
Air carrier. A person who PD 1572].
undertakes, whether directly
or indirectly, or by a lease or Aircraft. Any contrivance now
any other arrangements, to known or hereafter invented,
engage in air transportation used, or designed for
or air commerce. [Sec. 3, RA navigation of, or flight in, the
776]. air. [Sec. 3, RA 776].
Air commerce. Air Aircraft engine. An engine

transportation for pay or used or intended to be used
49
for propulsion of aircraft and mechanism having a similar

includes all parts, purpose for guiding or
appurtenances, and controlling flight in the air or
accessories thereof other the landing and take-off of
than propellers. [Sec. 3, RA aircraft. [Sec. 3, RA 776].
776].
Air pollutant. Any harmful or
Aircraft piracy. See undesirable matter emitted
Hijacking. in the atmosphere, including
smoke, soot, solid particles
Aircraft radio station. A of any kind, undesirable
radio station on board any gases, fumes and obnoxious
aircraft. [Sec. 3, RA 776]. odors. [Sec. 2, PD 1181].
Airman. Any individual who Airspace. The space above a

engages, as the person in state and coming under its
command or as pilot, jurisdiction. [Intl. Law Dict. &
mechanic, flight radio Direct., 2004].
operator or member of the
crew, in the navigation of Air transportation. Service
aircraft while under way; and or carriage of persons,
any individual who is directly property, or mail, in whole or
in charge of inspection, in part, by aircraft. [Sec. 3,
maintenance, overhauling, RA 776].
or repair of aircraft, aircraft
engine, propellers, or Airway. A path thru the
appliances; and any navigable air space
individual who serves in the identified by an area of
capacity of aircraft specified width on the
dispatcher or air-traffic surface of the earth
control operator. [Sec. 3, RA designated or approved by
776]. the Civil Aeronautics
Administrator as suitable for
Air navigation facility. Any air commerce or air
facility used in, available for transportation. [Sec. 3, RA
used in, or designed for use 776].
in, aid of air navigation,
including areas, lights, any Air waybill. An instrument
apparatus or equipment for issued by an air carrier to a
disseminating weather shipper that serves as a
information, for signaling, for receipt for goods and as
radio-directional finding, or evidence of the contract of
for radio or other electrical carriage, but is not a
communication, and any document of title for the
other structure or
50
goods. [Intl. Law Dict. & Philippine Amanah Bank)”

Direct., 2004]. enacted on Jan. 26, 1990.
Airwolf. A kind of sky rocket Alarms and scandals. Crim.

shaped like an airplane with Law. The felony committed
a propeller to rise about by: (a) any person who
forty (40) or fifty (50) feet within any town or public
and provide various kinds of place, shall discharge any
light while aloft. [Sec. 2, RA firearm, rocket, firecracker,
7183]. or other explosives
calculated to cause alarm or
Airworthiness. The term danger; (b) any person who
means that an aircraft, its shall instigate or take an
engines, propellers, and active part in any charivari
other components and or other disorderly meeting
accessories, are of proper offensive to another or
design and construction, and prejudicial to public
are safe for air navigation tranquility; (c) any person
purposes, such design and who, while wandering about
construction being at night or while engaged in
consistent with accepted any other nocturnal
engineering practice and in amusements, shall disturb
accordance with the public peace; or (d) any
aerodynamic laws and person who, while
aircraft science. [Sec. 3, RA intoxicated or otherwise,
776]. shall cause any disturbance
or scandal in public places,
Al-Amanah Islamic provided that the
Investment Bank of the circumstances of the case
Philippines, The Charter shall not make the
of the. RA 6848 entitled “An provisions of Art. 153 of the
Act providing for the 1989 Rev. Penal Code applicable.
charter of the Al-Amanah [Art. 155, RPC].
Islamic Investment Bank of
The Philippines, authorizing Albularyo. Tag. Quack
its conduct of Islamic doctor. [People v. Abo, GR
banking business, and 107235. Mar. 2, 1994].
repealing for this purpose
Presidential Decree Alcoholism. A diseased
Numbered Two Hundred and condition caused by the
Sixty-Four as amended by excessive use of alcoholic
Presidential Decree liquors. Continued, excessive
Numbered Five Hundred and or compulsive use of
Forty-Two (creating the alcoholic drink. [Moreno’s
Law Dict., 2000 Ed., p. 23].
51
Government, the basis

Aleatory contract. Civ. Law. should be the price or value
1. A contract whereby one of at the time it was taken from
the parties or both the owner and appropriated
reciprocally bind themselves by the Government.
to give or to do something in [Napocor v. CA, GR L-56378.
consideration of what the June 22, 1984].
other shall give or do upon
the happening of an event Alias. Term used to indicate
which is uncertain, or which another name by which a
is to occur at an person is known. Short for
indeterminate time. [Art. “alias dictus”; also known as
2010, CC]. 2. A contract (a.k.a.). [Black’s Law Dict.,
which, unlike a conditional Abr. 5th Ed. (1983), p. 36].
agreement whose efficacy is
dependent on stated Alias subpoena. Rem. Law.
conditions, is at once One issued after the first has
effective upon its perfection been returned without
although the occurrence of a having accomplished its
condition or event may later purpose. [Black’s Law Dict.,
dictate the demandability of Abr. 5th Ed. (1983), p. 37].
certain obligations
thereunder. [Tibay v. CA, GR Alias summons. Rem. Law.
119655. May 24, 1996]. Other summons issued the
clerk, on demand of the
Alevosia. Crim. Law. plaintiff, as the case may
Treachery. It exists when the require, in the same form as
culprit commits the crime by the original summons, in
employing means, methods, case the latter is returned
or forms in the execution without being served on any
thereof which tend to or all of the defendants, or if
directly and specially insure it has been lost. [Sec. 4, Rule
it without risk to the person 14, RoC].
of the criminal, arising from
any defense the injured Alias writ. Rem. Law. A
party might make. [Art. 10, second or further writ.
RPC]. [Black’s Law Dict., Abr. 5th
Ed. (1983), p. 37].
Alfonso doctrine. The
doctrine enunciated in the Alias writ of execution.
leading case of Alfonso v. Rem. Law. One issued after
Pasay [106 Phil. 1017 the first has been returned
(1960)] that to determine without accomplishing its
due compensation for lands purpose. [Black’s Law Dict.,
appropriated by the Abr. 5th Ed. (1983), p. 37].
52
declared as not needed for

Alibi. 1. The plea of having forest purposes. [Sec. 4, RA
been elsewhere than at the 7900; Sec. 3, PD 705].
scene of the crime at the
time of the commission of Alienate. To sell or give
the felony. [People v. completely and without
Bracamonte, GR 95939, June reserve; to transfer title to
17, 1996]. 2. A defense that somebody else. A voluntary
places the defendant at the conveyance of property,
relevant time of the crime in especially real property.
a different place than the [Duhaime's Legal Dict.,
scene involved and so 2004].
removed therefrom as to
render it impossible for him Alienation. The transfer of
to be the guilty party. the property and possession
[People v. Acob, 246 SCRA of lands, tenements, or other
715, 723 (1995), citing things from one person to
Black's Law Dict., 6th Ed., p. another. The act by which
71]. the title to real estate is
voluntarily assigned by one
Alibi. Requisites: To establish person to another and
it, the accused must show accepted by the latter, in the
(a) that he was at some form prescribed by law.
other place for such a period [Roxas v. CA, GR 92245.
of time (b) that it was June 26, 1991, citing Cf. In re
impossible for him to have Enrhardt, U.S.D.C., 19F. 2d
been at the place where the 406, 407].
crime was committed at the
time of its commission. [US Alienist. One who treats the
v. Oxiles, 20 Phil. 587; diseases of the mind, a
People v. Palomos, 49 Phil. physician who specializes in
601; People v. Resabal, 50 psychiatry. [People v.
Phil. 780]. Medina, GR 113691. Feb. 6,
1998., citing Webster's 3rd
Alien. A foreign-born person New Intl. Dict.].
who has not qualified as a
citizen of the country. Alien Social Integration Act
[Glossary of Legal Terms of 1995, The. RA 7919
(Pro-Se), 2004]. entitled “An Act granting
legal residence status to
Alienable and disposable certain aliens through a
lands. Lands of the public social integration program in
domain which have been the the Philippines under certain
subject of the present conditions” enacted on Feb.
system of classification and 24, 1995.
53
prove in court. [Glossary of

Alimony. An amount given by Legal Terms (Pro-Se), 2004].
one spouse to another while
they are separated. Allegiance. The obligation of
Historically, the word fidelity and obedience which
referred to monies paid individuals owe to the
while spouses were legally government under which
separated but still wed they live or to their
locked. [Duhaime's Legal sovereign in return for the
Dict., 2004]. protection which they
receive. [People v.
Alimony. An amount given to Echegaray, GR 117472. Feb.
one spouse to another while 7, 1997, citing 52 Am Jur
they are separated. 797].
[Claridades, A., Compilation
of Notes, 2001-2006]. Alley. A public way intended
to serve both pedestrian and
Alipin. Tag. Slave. emergency vehicles, and
[Claridades, A., Compilation also access to lots, both end
of Notes, 2001-2006]. always connecting to streets.
[Sec. 3, BP 220].
Aliquot. Fractional.
[Claridades, A., Compilation Alliance. A military treaty
of Notes, 2001-2006]. between two or more states,
providing for a mutually-
All. The whole extent or planned offensive, or for
quantity of, the entire assistance in the case of
number of, every one of. attack on any member.
[Chua v. Cabangbang, GR L- [Duhaime's Legal Dict.,
23253. Mar. 28, 1969, citing 2004].
Webster's New World Dict. of
the Amer. Lang., 1959 Ed., p. Allocation. The act of
38]. assigning a position to its
proper class and salary
Allegans contraria non est grade. [Sec. 3, PD 985].
audiendus. Lat.
contradictory statements will Allonge. A piece of paper
not be heard or considered. which has been attached to
[Moreno’s Law Dict., 2000 a contract, a check or any
Ed., p. 25]. promissory note, on which to
add signatures because
Allegation. A statement of there is not enough room on
the issues in a written the main document.
document (a pleading) which [Duhaime's Legal Dict.,
a person is prepared to 2004].
54
formalities prescribed by
Allotments. Authorizations law, and that the testator
issued by the Department of had the necessary
Budget and Management to testamentary capacity at the
an agency which allow the time of the execution of the
latter to incur obligations will. [Jurado, Comments and
within a specified amount, as Jurisp. on Succession, 1991
duly authorized by a 8th Ed., p. 133].
Legislative appropriation.
[Sec. 3, EO 518]. Allowance of wills
probated abroad. Evidence
Allowance. A benefit over necessary: (a) the due
and above the basic salary execution of the will in
of an employee. [Moreno’s accordance with the foreign
Law Dict., 2000 Ed., p. 25]. laws; (b) the testator has his
domicile in the foreign
Allowance for good country and not in the
conduct. The deductions Philippines; (c) the will has
from the period of the been admitted to probate in
sentence to which any such country; (d) the fact
prisoner in any penal that the foreign tribunal is a
institution shall be entitled probate court, and (e) the
for good conduct. [Art. 97, laws of a foreign country on
RPC]. procedure and allowance of
wills. [Vda. De Perez v.
Allowance for good Tolete, GR 76714. June 2,
conduct (for each month 1994].
of good behavior). The
term refers to good behavior All risks. The term is given a
of a prisoner while he is broad and comprehensive
serving his term as a meaning as covering any
convict. [Baking v. Dir. of loss other than a willful and
Prisons, GR L-30364. July 28, fraudulent act of the insured.
1969]. [Filipino Merchants Ins. Co.,
Inc. v. CA, GR 85141. Nov.
Allowance of wills. Also 28, 1989].
Probate of wills. A special
proceeding for establishing All risks insurance. An
the validity of the will or for insurance the very purpose
the purpose of proving that of which is to give protection
the instrument offered for to the insured in those cases
probate is the last will and where difficulties of logical
testament of the testator, explanation or some mystery
that it has been executed in surround the loss or damage
accordance with the to property. [Filipino
55
Merchants Ins. Co., Inc. v. Alter. To add, change,

CA, GR 85141. Nov. 28, substitute or omit something
1989]. from a pleading or
instrument. [Cuenco v. Laya,
All risks policy. Insurance GR L-31252. Dec. 22, 1969].
against all causes of
conceivable loss or damage, Alteration. Civ. Law. 1. The
except as otherwise act by virtue of which a co-
excluded in the policy, or owner, in opposition to the
due to fraud or intentional common agreement, if there
misconduct on the part of is any, or, in the absence
the insured. [Claridades, A., thereof, to the tacit
Compilation of Notes, 2001- agreement of all the co-
2006]. owners, and violating their
will, changes the thing from
Alluvion. Also Alluvium. the state in which the others
Property. Soil deposited to believe it should remain, or
the lands adjoining the withdraws it from the use to
banks of the rivers and which they desire to be
gradually received as an intended. [Tolentino, Civil
effect of the current of the Code of the Phil., Vol. II,
waters. It is owned by the Repr. 2001, p. 192]. 2.
riparian owners. 2. The Changing or making
accretion which lands different. [Glossary of Legal
adjoining the banks of rivers Terms (Pro-Se), 2004].
gradually receive from the
effects of the current of the Alteration or amendment.
waters and which belongs to Rem. Law. The act of adding,
the owners of such lands. changing, substituting or
[Art. 457, CC]. See omitting something from a
Accretion. pleading or instrument. In
plain words, a pleading or
Almost. Nearly; in large part; instrument may be amended
well-nigh; little short of [Phil. either by correcting or by
Amer. Drug Co. v. CIR, GR L- omitting any word, phrase or
15162. Apr. 18, 1962 citing sentence set forth therein, or
Webster's Intl. Dict., 2nd Ed., by adding something to it. In
Unabr.]. the last instance we have
the case of an amendment
Also. In addition; as well; by addition. [Cuenco v. Laya,
besides, too. [Sarmiento III v. GR L-31252. Dec. 22, 1969].
Mison, GR 79974. Dec. 17, Compare with Spoliation.
1987, citing Webster's Intl.
Dict., p. 62, 1981 Ed.]. Alter ego. Lat. Another self.
An alter ego company is one
56
that is not treated by its contracting states and to

owners as a separate entity. avoid delicate questions of
[Intl. Law Dict. & Direct., precedence among its
2004]. signatories. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 96].
Alter ego principle. The rule
that members of Cabinet Alternative causes of
may act for and in behalf of action or defenses. Two or
the President in certain more statements of a claim
matters because the or defense which a party
President cannot be may set forth alternatively or
expected to exercise his hypothetically, either in one
control (and supervisory) cause of action or defense or
powers personally all the in separate causes of action
time. Each head of a or defenses. When two or
department is, and must be, more statements are made
the President's alter ego in in the alternative and one of
the matters of that them if made independently
department where the would be sufficient, the
President is required by law pleading is not made
to exercise authority. insufficient by the
[Villena v. Sec. of the insufficiency of one or more
Interior, 67 Phil. 451, 464 of the alternative
(1939)]. statements. [Sec. 2, Rule 8,
RoC].
Altering boundaries or
landmarks. Crim. Law. The Alternative circumstances.
felony committed by any 1. Those circumstances
person who shall alter the which must be taken into
boundary marks or consideration as aggravating
monuments of towns, or mitigating according to
provinces, or estates, or any the nature and effects of the
other marks intended to crime and the other
designate the boundaries of conditions attending its
the same. [Art. 313, RPC]. commission. They are the
relationship, intoxication and
Alternat. Intl. Law. An the degree of instruction and
arrangement under which education of the offender.
each negotiator is allowed to [Art. 15, RPC]. 2. Those
sign first on the copy of the circumstances that are
treaty which he will bring either aggravating or
home to his country, the mitigating according to the
purpose being to preserve nature and effects of the
the formal appearance of crime and other conditions
equality among the attending its commission.
57
[Gregorio, Fund. of Crim. [Glossary of Legal Terms

Law Rev., 1997 9th Ed., p. 52, (Pro-Se), 2004].
citing Art. 15, RPC].
Alternative dispute
Alternative defendants. resolution (ADR) system.
Any or all of several persons Any process or procedure
against whom the plaintiff is used to resolve a dispute or
entitled to relief and of controversy, other than by
whom he is uncertain may adjudication of a presiding
be joined as defendants in judge of a court or an officer
the alternative, although a of a government agency, as
right to relief against one defined in RA 9285, in which
may be inconsistent with a a neutral third party
right of relief against the participates to assist in the
other. [Sec. 13, Rule 3, RoC]. resolution of issues, which
includes arbitration,
Alternative dispute mediation, conciliation, early
resolution (ADR). 1. The neutral evaluation, mini-trial,
methods by which legal or any combination thereof.
conflicts and disputes are [Sec. 3, RA 9285].
resolved privately and other
than through litigation in the Alternative health care
public courts, usually modalities. Other forms of
through one of two forms: non-allopathic, occasionally
mediation or arbitration. It non-indigenous or imported
typically involves a process healing methods, though not
much less formal than the necessarily practiced for
traditional court process and centuries nor handed down
includes the appointment of from one generation to
a third-party to preside over another. Some alternative
a hearing between the health care modalities
parties. The advantages of include reflexology,
ADR are speed and money: it acupuncture, massage,
costs less and is quicker acupressure, chiropractics,
than court litigation. ADR nutritional therapy, and
forums are also private. The other similar methods. [Sec.
disadvantage is that it often 4, RA 8423].
involves compromise.
[Duhaime's Legal Dict., Alternative learning
2004]. 2. Settling a dispute system. A parallel learning
without a full, formal trial. system to provide a viable
Methods include mediation, alternative to the existing
conciliation, arbitration, and formal education instruction.
settlement, among others. It encompasses both the
non-formal and informal
58
sources of knowledge and

skills. [Sec. 4, RA 9155]. Ambient air quality. The
average atmospheric purity
Alternative obligation. An as distinguished from
obligation wherein various discharge measurements
prestations are due, but the taken at the source of
performance of one of them pollution. It is the general
is sufficient, determined by amount of pollution present
the choice which as a in a broad area. [Sec. 62, PD
general rule belongs to the 1152].
debtor. [Art. 1199, CC].
Compare with Facultative Ambiguity. Doubtfulness,
obligation. doubleness of meaning,
indistinctness or uncertainty
Alterum non laedere. Lat. of meaning of an expression
Not to injure others. [In re: used in a written instrument.
Jurado, AM 93-2-037 SC. Apr. [Suarez, Stat. Con., (1993),
6, 1995]. p. 4, citing Black Law Dict.,
4th Ed., p. 105].
Alumina smelting and
refining. The production Ambulance chaser. 1. Any
and manufacture of act of improper solicitation
aluminum from ore or of cases such as fomenting
alumina into one or more litigation or instigating
basic forms such as ingots, unnecessary lawsuits. [Juan-
billets, bars, sheets, strips, Bautista, Legal and Judicial
circles, tubes, rods, and Ethics, 2002 Ed., p. 9]. 2. A
castings, pipes, section and lawyer who haunts hospitals
extrusions. [Sec. 2, RA and visits then homes of the
4095]. afflicted, officiously intruding
their presence and
Amalgamation. The merging persistently offering his
of two things together to service on the basis of a
form one such as the contingent fee. [Pineda,
amalgamation of different Legal and Judicial Ethics,
companies to form a single (1999 Ed.), p. 46-47, citing
company. [Duhaime's Legal Warvelle, Legal Ethics, pp.
Dict., 2004]. 56-57].
Ambassador. A citizen that Ambulance chasing.

has been officially asked by Figuratively, the lawyer’s act
his country to live in another of chasing an ambulance
country in order to legally carrying the victim of an
represent it. [Duhaime's accident for the purpose of
Legal Dict., 2004]. talking to the said victim or
59
relatives and offering his Amended pleadings.

legal services for the filing of Pleadings amended by
a case against the person adding or striking out an
who caused the accident. allegation or the name of
[Pineda, Legal and Judicial any party, or by correcting a
Ethics, (1999 Ed.), p. 46]. mistake in the name of a
party or a mistaken or
Ambulatory. 1. Something inadequate allegation or
which is not cast in stone; description in any other
which can be changed or respect, so that the actual
revoked, such as a will. merits of the controversy
[Duhaime's Legal Dict., may speedily be determined,
2004]. without regard to
technicalities, and in the
Amend. 1. To change or most expeditious and
modify for the better, to inexpensive manner. [Sec. 1,
alter by modification, Rule 10, RoC].
deletion, or addition.
[Tolentino v. Sec. of Finance, Amendment. Isolated or
GR 115455. Aug. 25, 1994, piecemeal change of the
citing Black's Law Dict., 5th instrument. [Cruz, Constl.
Ed., 1979]. 2. To change, to Law, 1998 Ed., p. 11].
revise, usually to the Compare with Revision.
wording of a written
document such as A mensa et thoro. Lat. From
legislation. [Duhaime's Legal bed and board. [Claridades,
Dict., 2004]. A., Compilation of Notes,
2001-2006].
Amended and clarified
judgment. A judgment Amicable settlement. A
rendered by the lower court mutually negotiated and
after having made a agreed upon resolution of a
thorough study of the dispute.
original judgment and only
after considering all the Amici par excellence. Bar
factual and legal issues. The associations which appear in
amended and clarified court as friends to expound
decision is an entirely new on some matters of law for
decision which supersedes the information of the court.
the original decision. [Juan-Bautista, Legal and
[Magdalena Estate, Inc. v. Judicial Ethics, 2002 Ed., p.
Caluag, 11 SCRA 333 (1964); 9].
Sta. Romana v. Lacson, 104
SCRA 93 (1981)]. Amicus curiae. Lat. Friend of
the court. 1. A lawyer who
60
volunteers or is requested by not yet been convicted.

the court to appear to give [Gregorio, Fund. of Crim.
information to the judge or Law Rev., 1997 9th Ed., p.
the court on some doubtful 312, citing Brown v. Walker,
questions of law. [Juan- 161 US 602].
Bautista, Legal and Judicial
Ethics, 2002 Ed., p. 8]. 2. Amoebic colitis. An
Persons asking for infectious disease caused by
permission to intervene in a endamoeba hystolytica,
case in which they are frequently producing a
neither plaintiff or painful passage of bloody
defendant, usually to mucoid stool. Infection is
present their point of view acquired by ingestion of food
(or that of their organization) or drink contaminated by
in case which has the feces containing amoebic
potential of setting a legal cyst. The tumor commences
precedent in their area of in the mucous membrane
activity. [Duhaime's Legal and gradually invades the
Dict., 2004]. deeper structures. Genetic
influence is a predisposing
Amnesia. Legal Med. The loss factor. Anemia is a condition
of memory of either a recent in which the normal amount
event or of past events as of red blood cells is reduced.
observed in head injuries. It may be due to blood loss
[Olarte, Legal Med., 1st Ed. secondary to the passing out
(2004), p. 147]. of blood in the stool. [Sierra
v. GSIS, GR 50954. Feb. 8,
Amnesty. 1. It commonly 1989].
denotes a general pardon to
rebels for their treason or Amount financed. In a
other high political offenses, consumer credit sale, it
or the forgiveness which one constitutes the cash price
sovereign grants to the plus non-finance charges
subjects of another, who less the amount of any
have offended by some downpayment whether
breach the law of nations. made in cash or in property
[Llamas v. Orbos, GR 99031. traded in, or in a consumer
Oct. 15, 1991]. 2. An act of loan the amount paid to,
the sovereign power receivable by or paid or
granting oblivion or general payable to the buyer or to
pardon for the past offense, another person in his behalf.
and is rarely, if ever, [Art. 4, RA 7394].
exercised in behalf of a
certain class of persons, who Amount in controversy. For
are subject to trial but have purposes of determining
61
jurisdiction, the amount of It is synonymous to

the contract or the value of relaxation, avocation,
the property subject of the pastime, or fun. [Sec. 131,
contract. [Moreno’s Law RA 7160].
Dict., 2000 Ed., p. 27].
Amusement places.
Ampere. The base unit of Theaters, cinemas, concert
electric current which is that halls, circuses and other
constant current which, if places of amusement where
maintained in two parallel one seeks admission to
conductors of infinite length, entertain oneself by seeing
of negligible circular cross- or viewing the show or
section, and placed one performances. [Sec. 131, RA
metre apart in vacuum, 7160].
would produce between
these conductors a force Anadromous species.
equal to 2 x 10-7 newton per Marine fishes which migrate
metre of length. [Sec. 4, BP to freshwater areas to
8]. spawn. [Sec. 4, RA 8550].
Amphetamines. Synthetic Analogous. Allied or similar.

amines which act with a [Moreno’s Law Dict., 2000
pronounced stimulant effect Ed., p. 28].
on the central nervous
system. They are the first Ancestral domains. All areas
and last drugs which cause a generally belonging to
subjective feeling of Indigenous Cultural
improved mood — true Communities/Indigenous
euphoria, in fact - and it is Peoples (ICCs/IPs)
for this reason that they comprising lands, inland
cause states of psychic waters, coastal areas, and
dependence. [People v. natural resources therein,
Angeles, GR 92850. June 15, held under a claim of
1992]. ownership, occupied or
possessed by ICCs/IPs, by
Ample opportunity. Every themselves or through their
kind of assistance that ancestors, communally or
management must accord to individually since time
the employee to enable him immemorial, continuously to
to prepare adequately for his the present except when
defense. [Ruffy v. NLRC, GR interrupted by war, force
84193. Feb. 15, 1990]. majeure or displacement by
force, deceit, stealth or as a
Amusement. A pleasurable consequence of government
diversion and entertainment. projects or any other
62
voluntary dealings entered swidden farms and tree lots.

into by government and [Sec. 4, RA 8371].
private
individuals/corporations, and Anchorage. A place with
which are necessary to sufficient depth of water
ensure their economic, social where vessels anchor or may
and cultural welfare. [Sec. 4, ride at anchor or may ride at
RA 8371]. anchor within the harbor.
[Sec. 3, PD 857].
Ancestral lands. 1. All lands
exclusively and actually Ancient document. A private
possessed, occupied, or document which is more
utilized by indigenous than thirty (30) years old,
cultural communities by produced from a custody in
themselves or through their which it would naturally be
ancestors in accordance with found if genuine, and is
their customs and traditions unblemished by alterations
since time immemorial, and or circumstances of
as may be defined and suspicion. [Claverias v.
delineated by law. [Sec. 3, Quingco, GR 77744. Mar. 6,
RA 7942]. 2. Land occupied, 1992].
possessed and utilized by
individuals, families and Ancient document rule. For
clans who are members of a private ancient document
the Indigenous Cultural to be exempt from proof of
Communities / Indigenous due execution and
Peoples (ICCs/IPs) since time authenticity, it is not enough
immemorial, by themselves that it be more than thirty
or through their (30) years old; it is also
predecessors-in-interest, necessary that the following
under claims of individual or requirements are fulfilled;
traditional group ownership, (a) that it is produced from a
continuously, to the present custody in which it would
except when interrupted by naturally be found if
war, force majeure or genuine; and (b) that it is
displacement by force, unblemished by any
deceit, stealth, or as a alteration or circumstances
consequence of government of suspicion. [Lacsa v. CA,
projects and other voluntary GR 79597-98. May 20, 1991,
dealings entered into by citing Francisco, Vicente J.,
government and private The Revised Rules of Court
individuals / corporations, in the Phil., Vol. VIII, Part II,
including, but not limited to, 1973 Edition, p. 432].
residential lots, rice terraces
or paddies, private forests,
63
Ancillary. A proceeding which resources to loads while

is auxiliary or subordinate to maintaining reliable
another proceeding. In operation of the
probate, a proceeding in a transmission system in
state where a decedent accordance with good utility
owned property but was not practice and the grid code to
domiciled. [Glossary of Legal be adopted in accordance
Terms (Pro-Se), 2004]. with RA 9136. [Sec. 4, RA
9136].
Ancillary industries.
Fisheries Law. Firms or And. A conjunction pertinently
companies related to the defined as meaning
supply, construction and "together with," "joined
maintenance of fishing with;" "along or together
vessels, gears, nets and with," "added to or linked
other fishing paraphernalia; to," used to conjoin word
fishery machine shops; and with word, phrase with
other facilities such as phrase, clause with clause.
hatcheries, nurseries, feed [Phil. Const. Assoc. v.
plants, cold storage and Mathay, GR L-25554. Oct. 4,
refrigeration, processing 1966].
plants and other pre-harvest
and post-harvest facilities. Anemia. A condition in which
[Sec. 4, RA 8550]. the normal amount of red
blood cells is reduced.
Ancillary jurisdiction. Power [Sierra v. GSIS, GR 50954.
of court to adjudicate and Feb. 8, 1989].
determine matters incidental
to the exercise of its primary Angary, right of. Intl. Law. A
jurisdiction of an action. right by which a belligerent
[Black's Law Dict. 79 (5th Ed. may, upon payment of just
1979)]. compensation, seize, use or
destroy, in case of urgent
Ancillary jurisdiction necessity for purposes of
doctrine. The rule that in an offense or defense, neutral
action before the RTC, the property found in its
counterclaim may be territory, in enemy territory,
considered compulsory or on the high seas. [Cruz,
regardless of the amount. Intl. Law Reviewer, 1996 Ed.,
[Sec. 7, Rule 6, RoC]. p. 157].
Ancillary services. Those Animus contrahendi. Lat. An

services that are necessary intention to contract.
to support the transmission [Claridades, A., Compilation
of capacity and energy from of Notes, 2001-2006].
64
Alto Surety, 101 Phil. 879,

Animus donandi. Lat. Intent GR L-10132].
to do an act of liberality.
[Tayoto v. Heirs of Cabalo Animus occupandi. Lat.
Kusop, GR 74203. Apr. 17, Intention to take possession
1990, citing Tolentino, Civil of or seize. Legal rule that in
Code of the Phil., Vol. II, order for a state to claim
1987 Ed., p. 496]. title to a territory, the state
must intend to exercise
Animus furandi. Lat. Intent sovereign powers therein.
to gain. [People v. Alfeche, [Intl. Law Dict. & Direct.,
GR 102070. July 23, 1992]. 2004].
Animus hominis est anima Animus possidendi. Lat. An

scripti. Lat. The intention of intent to possess. [Veroy v.
the party is the soul of the Layague, GR 95630. June 18,
instrument. [Kilosbayan v. 1992].
Guingona, GR 113375. May
5, 1994]. Animus rem sibi habiendi.
Lat. Intent to appropriate the
Animus interficendi. Lat. thing as one’s own.
Intent to kill. [People v. [Tolentino, Civil Code of the
Quijada, GR 115008-09. July Phil., Vol. II, Repr. 2001, p.
24, 1996]. 465].
Animus lucrandi. Lat. Intent Animus revocandi. Lat.

to gain. [People v. Gavina, Intent to revoke. [Maloto v.
GR 118076. Nov. 20, 1996]. CA, GR 76464. Feb. 29,
1988].
Animus manendi. Lat.
Intention to remain there. Annex. To attach, and often,
[Romualdez v. RTC Tacloban, specifically, to subjoin. To
226 SCRA 408, 415]. add to; to unite. [Black’s Law
Dict., Abr. 5th Ed. (1983), p.
Animus non revertendi. Lat. 45].
1. An intention not to return.
2. An intention to abandon Annotations. Remarks,
the old domicile. [Romualdez notes, case summaries, or
v. RTC Tacloban, 226 SCRA commentaries following
408, 415]. statutes which describe
interpretations of the
Animus novandi. Lat. statute. [Glossary of Legal
Intention to novate. [Tui Terms (Pro-Se), 2004].
Siuco v. Habana, GR 21106;
45 Phil. 707; La Tondeña v.
65
Annual allowable cut. The or office showing the kind,

volume of materials, estimated quantity,
whether of wood or other estimated cost, description
forest products, that is of supplies or property
authorized to be cut together with the balance on
regularly from the forest. hand, if any, required by the
[Sec. 3, PD 705]. department or office for the
ensuing fiscal year. [Sec. 4,
Annual budget. A financial Rules and Regulations on
plan embodying the Supply and Property
estimates of income certified Management].
as reasonably collectible by
the provincial treasurer in Annual procurement
the case of provinces and program. The itemized list
their respective prepared by the local chief
municipalities and by the executive showing the kind,
city treasurer in the case of estimated quantity,
cities, and appropriations estimated cost, description
covering the proposed of supplies together with the
expenditures for the ensuing balance on hand, if any,
fiscal year. [Sec. 14, PD required by the local
477]. government for the ensuing
fiscal year. The annual
Annual income. Revenues procurement program shall
and receipts realized by essentially be based on the
provinces, cities and annual procurement plan.
municipalities from regular [Sec. 4, Rules and
sources of the local general Regulations on Supply and
and infrastructure funds Property Management].
including the internal
revenue and specific tax Annuity. An amount payable
allotments provided for in yearly or at other regular
PDs 144 and 436, both as intervals (e.g., quarterly) for
amended, but exclusive of a certain or uncertain period
non-recurring receipts, such (as for years or for life, as in
as other national aids, the case of an endowment
grants, financial assistance, fund). The term may refer to
loan proceeds, sales of fixed the right to receive such
assets, and similar others. annuities, or to the
[Sec. 4, EO 249, July 25, agreement or contract
1987]. whereby in return for capital
consisting of money or other
Annual procurement plan. property given by the
The itemized list prepared by annuitant (one entitled to
the head of the department receive the benefits), the
66
recipient binds himself to jurisdiction or lack of due

pay the stipulated annuity. process of law, or (b) that it
[De Leon, Fundamentals of has been obtained by fraud.
Taxation, 2000 Ed., p. 97]. [Santos v. CA, GR 59771.
July 21, 1993].
Annul. To reduce to nothing;
to annihilate; obliterate; blot Anonymous testing. An HIV
out; to make void or of no testing procedure whereby
effect; to nullify; to abolish. the individual being tested
[Nuguid v. Nuguid, GR L- does not reveal his/her true
23445. June 23, 1966, citing identity. An identifying
Madden v. Madden, 40 A.2d number or symbol is used to
611, 614, 136 N.J. Eq. 132]. substitute for the name and
allows the laboratory
Annullable contract. See conducting the test and the
Voidable contract. person on whom the test is
conducted to match the test
Annulment. Making void; results with the identifying
Canceling an event or number or symbol. [Sec. 3,
judicial proceeding both RA 8504].
retroactively and for the
future. [Duhaime's Legal Anorexia nervosa. Legal
Dict., 2004]. Med. A disorder
characterized by a distorted
Annulment of a contract, body image, an extreme fear
action for the. An action of obesity, refusal to
which may be instituted by maintain a minimally normal
all who are thereby obliged body weight, and in women,
principally or subsidiarily the absence of menstrual
under the contract. periods. [Olarte, Legal Med.,
However, persons who are 1st Ed. (2004), p. 139].
capable cannot allege the Compare with Bulimia
incapacity of those with nervosa.
whom they contracted; nor
can those who exerted Anovulatory. The first
intimidation, violence, or menstrual period of a girl
undue influence, or characterized by the
employed fraud, or caused absence of ovulation.
mistake base their action [Moreno's Phil. Law Dict., 3rd
upon these flaws of the Ed., p. 29].
contract. [Art. 1397, CC].
Answer. 1. A pleading in
Annulment of judgment. which a defendant or other
Grounds: (a) that the adverse party sets forth the
judgment is void for want of negative and affirmative
67
defenses upon which he 2001-2006]. Compare with

relies. [Sec. 4, Rule 6, RoC]. Postdated instrument.
2. A formal, written
statement by the defendant Ante litem motam. Lat.
in a lawsuit which answers Before the controversy. [Sec.
each allegation contained in 39, Rule 130, RoC].
the complaint. [Glossary of
Legal Terms (Pro-Se), 2004]. Ante mortem statement.
See Dying declaration.
Answers to
interrogatories. A formal Ante nuptial. An event or
written statement by a party document which pre-dates a
to a lawsuit which answers marriage. For example, an
each question or ante-nuptial agreement is
interrogatory propounded by one which is signed before
the other party. These marriage. An ante-nuptial
answers must be gift is a gift given by one
acknowledged before a spouse to the other before
notary public or other person marriage. [Duhaime's Legal
authorized to take Dict., 2004].
acknowledgments. [Glossary
of Legal Terms (Pro-Se), Anthropological area. Any
2004]. place where studies of
specific cultural groups are
Antecedent intelligence. being or should be
Otherwise known as the undertaken in the field of
Doctrine of last clear anthropology. Anthropology
chance. in this case is descriptive,
interpretative and
Antedate. To date back; comparative study of all
retroactively. To date a aspects of various cultural
document to a time before it linguistic groups including
was written. To date back; the collection and analysis of
retroactively. To date a their particular material
document to a time before it culture. [Sec. 3, RA 4846].
was written. [Duhaime's
Legal Dict., 2004]. Anti-Carnapping Act of
Antedated instrument. A Act preventing and
negotiable instrument where penalizing carnapping”
the date appearing thereon enacted on Aug. 26, 1972.
is earlier than the true date
of its issuance. [Claridades, Anti-Cattle Rustling Law of
A., Compilation of Notes, 1974. PD 533 signed into
law on Aug. 8, 1974.
68
certain rights, franchises or

Antichresis contract. A privileges” enacted on Oct.
contract whereby the 30, 1936.
creditor acquires the right to
receive the fruits of an Anti-Electricity and Electric
immovable of his debtor, Transmission Lines/
with the obligation to apply Materials Pilferage Act of
them to the payment of the 1994. RA 7832 entitled “An
interest, if owing, and Act penalizing the pilferage
thereafter to the principal of of electricity and theft of
his credit. [Art. 2132, CC]. electric power transmission
lines/ materials, rationalizing
Anticipation of duties of a system losses by phasing
public office. The out pilferage losses as a
assumption by any person of component thereof, and for
the performance of the other purposes” enacted on
duties and powers of any Dec. 8, 1994.
public officer or employment
without first being sworn in Anti-Fencing Law of 1979.
or having given the bond PD 1612 entitled “Anti-
required by law. [Art. 236, Fencing Law” signed into law
RPC]. on Mar. 2, 1979.
Anticipatory breach Anti-graft and corrupt

doctrine. The rule that practices. Elements: (a)
where the covenant or The accused is a public
contract is entire, and the officer discharging
breach total, there can be administrative or official
only action, and the plaintiff functions or private persons
must therein recover all his charged in conspiracy with
damages. [Blossom & Co. v. them; (b) the public officer
Manila Gas, GR 32958. Nov. committed the prohibited act
8, 1930, citing 34 CJ, p. 839]. during the performance of
his official duty or in relation
Anti-Deadly Arrow Law. RA to his public position; (c) the
3553 entitled “An Act to public officer acted with
prohibit the possession of manifest partiality, evident
deadly arrow” enacted on bad faith or gross,
June 21, 1963. inexcusable negligence; and
(d) his action caused undue
Anti-Dummy Law. CA 108, injury to the Government or
as amended by PD 715, any private party, or gave
entitled “An Act to punish any party any unwarranted
acts of evasion of the laws benefit, advantage or
on the nationalization of preference to such parties.
69
[Quibal v. Sandiganbayan, Act expanding the definition

GR 109991. May 22, 1995]. of the crime of rape,
reclassifying the same as a
Anti-Graft and Corrupt crime against persons,
Practices Act. RA 3019 amending for the purpose
enacted on Aug. 17, 1960. Act No. 3815, as amended,
otherwise known as the Rev.
Anti-Hazing Law. RA 8049 Penal Code and for other
entitled “An Act regulating purposes” enacted on Sep.
hazing and other forms of 30, 1997.
initiation rites in fraternities,
sororities, and organizations Anti-Sexual Harassment
and providing penalties Act of 1995. RA 7877
therefor” enacted on June 7, entitled “An Act declaring
1995. sexual harassment unlawful
in the employment,
Anti-Hijacking Law. RA 6235 education or training
entitled “An Act prohibiting environment, and for other
certain acts inimical to civil purposes” enacted on Feb.
aviation, and for other 14, 1995.
purposes” enacted on June
19, 1971. Anti-Squatting Law Repeal
Act of 1997. RA 8368
Anti-Piracy and Anti- entitled “An Act repealing
Highway Robbery Law of Presidential Decree No. 772,
1974. PD 532 signed into entitled 'penalizing squatting
law on Aug. 8, 1974. and other similar acts’”
enacted on Oct. 27, 1997.
Anti-Plunder Act. RA 7080
entitled “An Act defining and Anti-Violence Against
penalizing the crime of Women and Their
plunder” enacted on July 12, Children Act of 2004. RA
1991. 9262 entitled “An Act
defining violence against
Antiques. Cultural properties women and their children,
found locally which are one providing for protective
hundred years or more in measures for victims,
age or even less, but their prescribing penalties
production having ceased, therefore, and for other
they have, therefore, purposes” enacted on March
become or are becoming 8, 2004.
rare. [Sec. 3, RA 4846].
Anti-Wire Tapping Act. RA
Anti-Rape Law of 1997, 4200 entitled “An Act to
The. RA 8353 entitled “An prohibit and penalize wire
70
tapping and other related separate residential suites.

violations of the privacy of [Sec. 63, PD 856].
communication, and for
other purposes” enacted on Apathy. Legal Med. Serious
June 19, 1965. disregard of the
surroundings. [Olarte, Legal
Anxiety neurosis. A Med., 1st Ed. (2004), p. 150].
progressive disintegration of
personal instability arising in Apoderamiento. Sp.
the course of the Unlawful taking. [People v.
intercurrent illness. Puno, GR 97471. Feb. 17,
[Galanida v. ECC, GR L- 1993].
70660. Sep. 24, 1987].
Apparent authority
Aparador. Sp. 1. Locker. doctrine. See Ostensible
[People v. Repuela, GR authority doctrine.
85178. Mar. 15, 1990]. 2.
Cabinet. [People v. Nopia, Apparent easements. Those
GR L-36297-99. Apr. 26, easements which are made
1982]. 3. Wardrobe. [People known and are continually
v. Castillo, GR L-11793. May kept in view by external
19, 1961]. signs that reveal the use and
enjoyment of the same. [Art.
Apparent. Appearance to 615, CC].
unaided senses that is not or
may not be borne out by Appeal. 1. Rem. Law. An
more rigorous examination essential part of judicial
or greater knowledge. [Bank system (the purpose of
of America, NT & SA v. CA, which) is to bring up for
GR 105395. Dec. 10, 1993, review a final judgment of
citing Webster's 9th New the lower court. [Aguilar v.
Collegiate Dict.]. CA, GR 11482. Nov. 28,
1995]. 2. A proceeding
Apparent authority. That brought to a higher court to
which, though not actually review a lower court
granted, the principal decision. [Glossary of Legal
knowingly permits the agent Terms (Pro-Se), 2004]. 3.
to exercise, or which he Labor. 1. The elevation by an
holds out as possessing. aggrieved party of any
[Moreno’s Law Dict., 2000 decision, order or award of a
Ed., p. 31]. lower body to a higher body,
by means of a pleading
Apartment house. A building which includes the
containing a number of assignment of errors,
memorandum of arguments
71
in support thereof, and the bond. [Sec. 1, Rule 1, Book

reliefs prayed for. [Sec. 1, 5, IRR of LC].
Rule 1, Book 5, IRR of LC].
Appearance. 1. Voluntary
Appealable interest. (That submission to a court's
which) a party has only jurisdiction. [Villegas v.
when his property may be Legaspi, GR 53869. Mar. 25,
diminished, his burdens 1982, citing Pacilio v.
increased or his rights Scarpati, 300 N.Y.S. 473,
prejudiced by the order 478]. 2. The act of showing
sought to be reviewed. [Ruiz up in court as either plaintiff,
v. CA, GR 101566. Aug. 17, defendant, accused or any
1992]. other party to a civil or
criminal suit. Appearances
Appeal bond. A guaranty by are most often made by
the appealing party insuring lawyers on their clients
that court costs will be paid. behalf and any appearance
[Glossary of Legal Terms by a lawyer binds the client.
(Pro-Se), 2004]. [Duhaime's Legal Dict.,
2004].
Appeal by certiorari. A
mode of appeal upon Appearance as counsel. A
questions of law from the voluntary submission to a
judgment of the Regional court's jurisdiction by a legal
Trial Court or the Court of advocate or advising lawyer
Appeals and is brought professionally engaged to
before the Supreme Court represent and plead the
under Rule 45 of the Rules of cause of another. [Haverty
Court by a Petition for Furniture Co. v. Fausta, 124
review on certiorari. S.N. 2d 694, 697].
Ed., p. 32]. Compare with Appellant. The party
Special civil action for appealing a decision or
certiorari. judgment (before an
appellate court). [Jurist’s
Appeal, perfection of an. Legal Dict., 2004].
The filing within the
prescribed period, of the Appellate court. A court
memorandum of appeal having jurisdiction to hear
containing, among others, appeals and review a trial
the assignment of error/s, court's procedure. [Glossary
the argument in support of Legal Terms (Pro-Se),
thereof, the reliefs sought 2004].
and posting of the appeal

72
Appellate jurisdiction. The 1921, citing Century Dict.

authority of a Court higher in and Encyc.].
rank to reexamine the final
order or judgment of a lower Appointing authority. The
Court which tried the case person empowered to
now elevated for judicial appoint the members of the
review. [Garcia v. De Jesus, board of Directors of a local
GR 88158. Mar. 4, 1992, water district, depending
citing Rem. Law upon the geographic
Compendium, Regalado, 5th coverage and population
Rev. Ed., Vol. 1, p. 3]. make-up of the particular
Compare with Original district. In the event that
jurisdiction. more than seventy-five
percent of the total active
Appellee. The party against water service connections of
whom an appeal is taken. a local water district are
[Glossary of Legal Terms within the boundary of any
(Pro-Se), 2004]. city or municipality, the
appointing authority shall be
Appendix. Supplementary the mayor of that city or
materials added to the end municipality, as the case
of a document. [Glossary of may be; otherwise, the
Legal Terms (Pro-Se), 2004]. appointing authority shall be
the governor of the province
Application of payment. It within which the district is
takes place where a debtor located. If portions of more
has various debts of the than one province are
same kind in favor of one included within the boundary
and the same creditor and of the district, and the
the debtor’s payment is not appointing authority is to be
sufficient to pay all the debts the governors then the
due, so the debtor has the power to appoint shall rotate
first choice to indicate which between the governors
particular debt is to be paid. involved with the initial
[Diaz, Bus. Law Rev., 1991 appointments made by the
Ed., p. 42, citing Art. 1252, governor in whose province
CC]. the greatest number of
service connections exists.
Appoint. To allot, set apart, [Sec. 3, PD 198].
or designate; nominate or
authoritatively assign as for Appointing officer. The
a use, or to a position or person or body authorized
office. [Borromeo v. by law to make
Marciano, GR 16808. Jan. 3, appointments in the

73
Philippine Civil Service. [Sec. who is to exercise the

3, PD 807]. functions of a given office.
[Flores v. Drilon, GR 104732.
Appointing power of the June 22, 1993, citing Cruz,
President. The power of the Phil. Pol. Law, 1987 ed., p.
President to nominate and, 180]. Compare with
with the consent of the Designation.
Commission on
Appointments, appoint the Apportionment. The division
heads of the executive and distribution of
department, ambassadors, something into proportionate
other public ministers and parts; to each according to
consuls, or officers of the his share. [Duhaime's Legal
armed forces from the rank Dict., 2004].
of colonel or naval captain,
and other officers whose Appraisal. The act or process
appointments are vested in of determining the value of a
him in this Constitution, and property as of a specific date
also to appoint all other for a specific purpose. [Sec.
officers of the Government 3, PD 464].
whose appointments are not
otherwise provided for by Appraisal increase. This is
law, and those whom he computed by deducting
may be authorized by law to historical cost from
appoint. [Sec. 16, Art. VII, appraised values. [RCPI v.
1987 Const.]. Natl. Wages Council, GR
93044. Mar. 26, 1992].
Appointment. Admin. Law. 1.
The designation of a person, Appraisal right. Corp. Law.
by the person or persons 1. The right of a stockholder
having authority therefor, to of a corporation to dissent
discharge the duties of some and demand payment of the
office or trust. 2. The fair value of his shares. [Sec.
selection or designation of a 81, Corp. Code]. 2. The right
person, by the person or of a dissenting shareholder
persons having authority to require the company to
therefor, to fill an office or purchase his shares at their
public function and fair market value. [Intl. Law
discharge the duties of the Dict. & Direct., 2004].
same. [Flores v. Drilon, GR
104732. June 22, 1993, Appraisal value. Also termed
citing Black's Law Dict., 4th as Replacement cost or
Ed., p. 128]. 3. The selection, Reproduction cost. The
by the authority vested with revalued amount of
the power, of an individual property, plant and
74
equipment determined by employment or occupation

recognized specialists. [RCPI which requires more than
v. Natl. Wages Council, GR three months of practical
93044. Mar. 26, 1992]. training on the job
supplemented by related
Appraised value. 1. The theoretical instruction. [Art.
estimated value of 58, LC].
disposable property after
inspection taking into Apprentice, qualifications
account its condition, of. Labor. To qualify as an
usability and other factors. apprentice, a person shall:
[Sec. 4, Rules and (a) be at least fifteen year of
Regulations on Supply and age; (b) possess vocational
Property Management]. 2. aptitude and capacity for
The quantification of the apprenticeship as
present financial values of established through
the property, to determine appropriate tests; and (c)
the fair and said value of the possess the ability to
property vis-à-vis the comprehend and follow oral
general property area in and written instructions.
which it is located, and [Art. 59, LC, as amended].
relative vales thereof.
[Memo. from the Exec. Sec. Apprenticeship. Labor.
dated Aug. 20, 1998]. Practical training on the job
supplemented by related
Apprentice. Labor. 1. A theoretical instruction. [Art.
worker who is covered by a 58, LC].
written apprenticeship
agreement with an individual Apprenticeship agreement.
employer or any of the Labor. An employment
entities recognized under contract wherein the
the Labor Code. [Art. 58, LC]. employer binds himself to
2. A person bound in the train the apprentice and the
form of law to a master, to apprentice in turn accepts
learn from him his art, trade, the terms of training. [Art.
or business, and to serve 58, LC].
him during the time of his
apprenticeship. [Wallem Approbate and reprobate.
Maritime Services v. NLRC, In the language of the
GR 108433. Oct. 15, 1996, Scotch law, the rule that a
citing Bouvier’s Law Dict., 3rd party can not either in the
Rev., Vol. I, p. 217]. course of litigation or in
dealing in pais occupy
Apprenticeable occupation. inconsistent positions.
Labor. Any trade, form of
75
[Bismorte v. Aldecoa & Co.,

GR L-5586. Dec. 10, 1910]. Appropriation bill. A bill (in
Congress) the primary and
Appropriar. Sp. specific purpose of which is
Misappropriate. To own, to to authorize the release of
take something for one's funds from the public
own benefit. [Sy v. People, treasury. [Suarez, Pol. Law
GR 85785. Apr. 24, 1989, Reviewer, 1st Ed., 2002, p.
citing II Crim. Law, Reyes, 352].
12th Ed., p. 729].
Appropriation law. One the
Appropriate adversary primary and specific purpose
proceeding. One having of which is to authorize the
opposing parties; contested, release of public funds from
as distinguished from an ex the treasury. [Assoc. of
parte application, one of Small Landowners v. Sec. of
which the party seeking Agrarian Reform, GR 78742.
relief has given legal July 14, 1989].
warning to the other party,
and afforded the latter an Appropriation made by
opportunity to contest it. It law. The act of the
excludes an adoption legislature setting apart or
proceeding. [Rep. v. CFI of assigning to a particular use
Camarines, GR L-36773. May a certain sum to be used in
31, 1988, citing Platt v. the payment of debt or dues
Magagnini, 187 p. 716, 718, from the State to its
110 Was. 39]. creditors. [Gonzales v.
Raquiza, GR 29627. Dec. 19,
Appropriate fishing 1989, citing Martin, New
technology. Adaptable Const. of the Phil., p. 399,
technology, both in fishing 1987 Ed.].
and ancillary industries, that
is ecologically sound, locally Appropriation of water. The
source-based and labor acquisition of rights over the
intensive. [Sec. 4, RA 8550]. use of waters or the taking
or diverting of waters from a
Appropriation. The natural source in the manner
legislative authorization and for any purpose allowed
prescribed by the by law. [Art. 9, PD 1067].
Constitution that money may
be paid out of the Treasury. Appropriations. 1. An
[Gonzales v. Raquiza, GR authorization made by law or
29627. Dec. 19, 1989, citing other legislative enactment,
Martin, New Const. of the directing payment out of
Phil., p. 399, 1987 Ed.]. government funds under
76
specified conditions or for series of 1979, in the case of

specified purposes. [Sec. 2, government financial
Chap. 1, Book VI, EO 292]. 2. institutions and state
The estimates of universities and colleges;
expenditures in a budget and the budget for the
when finally approved by the contract approved by the
appropriate authorities respective Sanggunian, in
concerned. [Sec. 14, PD the case of local government
477]. units. [Sec. 5, RA 9184].
Appropriations bill. A bill Appurtenance. Something

filed in Congress proposing that, although detached,
to authorize the release of stands as part of another
funds from the public thing. An attachment or
treasury. [Claridades, A., appendage to something
Compilation of Notes, 2001- else. [Duhaime's Legal Dict.,
2006]. 2004].
Appropriation sub rosa. An Aquaculture. Fishery

appropriation the purpose of operations involving all
which is to allot a budget forms of raising and
which is intended to benefit culturing fish and other
legislators. To hide this to fishery species in fresh,
the public, the legislators brackish and marine water
agree among themselves areas. [Sec. 4, RA 8550].
that the same shall no
longer be scrutinized and Aquatic life. All organisms
subjected to public hearings. living in freshwater, brackish
[Suarez, Pol. Law Reviewer, and marine environment.
1st Ed., 2002, p. 342]. [Sec 4, RA 9275].
Approved budget for the Aquatic pollution. The

contract (ABC). The budget introduction by human or
for the contract duly machine, directly or
approved by the head of the indirectly, of substances or
procuring entity, as provided energy to the aquatic
for in the General environment which result or
Appropriations Act (GAA) is likely to result in such
and/or continuing deleterious effects as to
appropriations, in the harm living and non-living
national government aquatic resources, pose
agencies; the corporate potential and/or real hazard
budget for the contract to human health, hindrance
approved by the governing to aquatic activities such as
boards, pursuant to EO 518, fishing and navigation,
77
including dumping/disposal which a cause has been

of waste and other marine removed. [Claridades, A.,
litters, discharge of Compilation of Notes, 2001-
petroleum or residual 2006].
products of petroleum or
carbonaceous Arador. Plower of land.
materials/substances, and [Moreno’s Law Dict., 2000
other, radioactive, noxious Ed., p. 35].
or harmful liquid, gaseous or
solid substances, from any Arbitrage. Fr. arbitere: to
water, land or air transport arbitrate or to regulate. The
or other human-made nearly simultaneous
structure. [Sec. 4, RA 8550]. purchase of currencies (or
other commodities) in one
Aquatic resources. Fish, all market and its resale in
other aquatic flora and fauna another in order to profit
and other living resources of from the price differential.
the aquatic environment, [Intl. Law Dict. & Direct.,
including, but not limited to, 2004].
salt and corals. [Sec. 4, RA
8550]. Arbitral award. The decision
reached by arbitrators in an
Aqueduct easement. The arbitration. [Tetley, Glossary
right of any person who may of Conflict of Laws, 2004].
wish to use upon his own
estate any water of which he Arbitrary act. 1. One that
can dispose to make it flow arises from an unrestrained
through the intervening exercise of the will, caprice,
estates, with the obligation or personal preference of the
to indemnify their owners, as actor. [Webster's 3rd New
well as the owners of the Intl. Dict., p. 110]. 2. One
lower estates upon which which is not founded on a
the waters may filter or fair or substantial reason.
descend. [Art. 642, CC]. [Words & Phrases,
Permanent Ed., Vol. 3-A, p.
Aquifer. A layer of water- 573). 3. One which is without
bearing rock located adequate determining
underground that transmits principle, non-rational, and
water in sufficient quantity solely dependent on the
to supply pumping wells or actor's will. [Words &
natural springs. [Sec 4, RA Phrases, supra, p. 562]; [All
9275]. definitions cited in Aquino v.
Ponce-Enrile, GR L-35546.
A quo. Lat. From which. A Sep. 17, 1974].
court a quo is a court from
78
Arbitrary detention. Crim. choice, usually subject to

Law. 1. The felony laws agreed upon in advance
committed by any public and usually under rules
officer or employee who, which avoid much of the
without legal grounds, formality and niceties of
detains a person. [Art. 124, proof and procedure
RPC]. 2. The deprivation by a required by the courts.
public officer of the liberty of [Tetley, Glossary of Conflict
a person without any legal of Laws, 2004].
ground. [Gregorio, Fund. of
Crim. Law Rev., 1997 9th Ed., Arbitration agreement. The
p. 377]. Compare with agreement concluded
Illegal detention. between parties, providing
for the submission of their
Arbitration. 1. An alternative dispute to arbitration,
dispute resolution method usually in a particular place,
by which an independent, under a particular law
neutral third person governing the dispute along
(arbitrator) is appointed to with rules of procedure
hear and consider the merits governing the appointment
of the dispute and renders a of arbitrators and the
final and binding decision arbitration process. The law
called an award. The process applicable to the arbitration
is similar to the litigation agreement, the laws
process as it involves applicable to the subject of
adjudication, except that the the dispute, the law of the
parties choose their arbitral proceedings and the
arbitrator and the manner in applicable conflict rules may
which the arbitration will all be different, each having
proceed. The decision of the a proper law of its own.
arbitrator is known as an [Tetley, Glossary of Conflict
“award”. [Duhaime's Legal of Laws, 2004].
Dict., 2004]. 2. A process for
the adjudication of disputes Arbitration clause. A clause
by which the parties agree in a bill of lading, a waybill, a
to be bound by the decision charter party or other
of a third person or body in contract, providing that any
place of a regularly dispute arising under the
organized tribunal. 3. The contract shall be submitted
settling of disputes between to arbitration (supra) before
parties who agree not to go one or more arbitrators, in
before the courts, but rather the place and according to
agree to accept as final the the laws and rules specified
decision of experts of their in the clause. [Claridades, A.,
choice, in a place of their
79
Compilation of Notes, 2001- Archipelagic sea. All waters

2006]. within the baselines of an
archipelago except internal
Arbitration law. RA 876 waters such as roadsteads,
entitled “An Act to authorize lakes and rivers. [Sec. 4,
the making of arbitration DENR Admin. Order 95-23].
and submission agreements,
to provide for the Archipelagic waters. The
appointment of arbitrators waters inside the
and the procedure for archipelagic baselines of an
arbitration in civil archipelagic state other than
controversies, and for other its internal waters. [Intl. Law
purposes” enacted on June Dict. & Direct., 2004].
19, 1953.
Archipelago principle. Intl.
Arbitrator. 1. The person Law. The waters around,
appointed to render an between and connecting the
award, alone or with others, island of the archipelago,
in a dispute that is the regardless of their breadth
subject of an arbitration or dimension, are to be
agreement. [Sec. 3, RA treated as internal waters.
9285]. 2. A private, [Sandoval, Pol. Law Reviewer
disinterested person chosen 2003].
by the parties in arbitration
to hear evidence concerning Architect. A person
the dispute and to make an professionally and
award based on the academically qualified,
evidence. [Glossary of Legal registered and licensed
Terms (Pro-Se), 2004]. under RA 9266 with a
Certificate of Registration
Archaeological site. Any and Professional
place which may be Identification Card issued by
underground or on the the Professional Regulatory
surface, underwater or at Board of Architecture and
sea level which contains the Professional Regulation
fossils, artifacts and other Commission (PRC), and who
cultural, geological, is responsible for advocating
botanical, zoological the fair and sustainable
materials which depict and development, welfare and
document evidences of cultural expression of
palaeontological and pre- society's habitat in terms of
historic events. [Sec. 3, RA space, forms and historical
4846]. context. [Sec. 3, RA 9266].

80
Architect-in-charge of specifying, supervising and

construction. An architect giving general
registered and licensed administration and
under RA 9266, who is responsible direction to the
directly and professionally erection, enlargement or
responsible and liable for the alterations of buildings and
construction supervision of building environments and
the project. [Sec. 3, RA architectural design in
9266]. engineering structures or
any part thereof; the
Architect-of-record. The scientific, aesthetic and
architect registered and orderly coordination of all
licensed under RA 9266, who the processes which enter
is directly and professionally into the production of a
responsible for the total complete building or
design of the project for the structure performed through
client and who shall assume the medium of unbiased
the civil liability for the preliminary studies of plans,
plans, specifications and consultations, specifications,
contract documents he/she conferences, evaluations,
has signed and sealed. [Sec. investigations, contract
3, RA 9266]. documents and oral advice
and directions regardless of
Architectural firm. A sole whether the persons
proprietorship, a partnership engaged in such practice are
or a corporation registered residents of the Philippines
with the proper government or have their principal office
agencies. [Sec. 3, RA 9266]. or place of business in this
country or another territory,
Architecture. The art, and regardless of whether
science or profession of such persons are performing
planning, designing and one or all these duties, or
constructing buildings in whether such duties are
their totality taking into performed in person or as
account their environment, the directing head of an
in accordance with the office or organization
principles of utility, strength performing them. [Sec. 3, RA
and beauty. [Sec. 3, RA 9266].
9266].
Architecture, scope of the
Architecture, general practice of. Encompasses
practice of. The act of the provision of professional
planning and architectural services in connection with
designing, structural site, physical and planning
conceptualization, and the design, construction,
81
enlargement, conservation,
renovation, remodeling, Argumentum ab
restoration or alteration of a inconvenienti plurimum
building or group of valet in lege. Lat. An
buildings. [Sec. 3, RA 9266]. argument from
inconvenience is forcible in
Area. The size of the land or law. [Moreno’s Law Dict.,
building in square meters. 2000 Ed., p. 35].
[Memo. from the Exec. Sec.
dated Aug. 20, 1998]. Argumentum ab simili
valet in lege. Lat. An
Areas for priority argument from analogy or
development (APDs). from a similar case is good
Those areas declared as in law. [Moreno’s Law Dict.,
such under existing statutes 2000 Ed., p. 35].
and pertinent executive
issuances. [Sec. 3, RA 7279]. Arises out of, or is
Also Urban land reform necessarily connected
zones. with, the transaction or
occurrence. The phrase
Areas impacted by public generally means that the
facilities. Areas where the same evidence may be
introduction of public needed in supporting the
facilities may tend to induce claim or in refuting the
development and opposite claim. An argument
urbanization of more than from analogy or from a
local significance or impact. similar case is good in law.
[Sec. 62, PD 1152]. [Moreno’s Law Dict., 2000
Ed., p. 35].
Areas of critical
environmental concern. Armalite. A rifle with a
Areas where uncontrolled special mechanism that can
development could result in cause burst of shots with
irreparable damage to one squeeze of the trigger.
important historic, cultural, An argument from analogy
or aesthetic values or or from a similar case is
natural systems or processes good in law. [Moreno’s Law
of national significance. Dict., 2000 Ed., p. 35].
[Sec. 62, PD 1152].
Armistice. Intl. Law. The
Argument. An effort to suspension of all hostilities
establish belief by a course within a certain area (local)
of reasoning. [Black’s Law or in the entire region of the
Dict., Abr. 5th Ed. (1983), p. war (general) agreed upon
56]. by the belligerent
82
governments, usually for the Arousal. Legal Med. The state

purpose of arranging the of sexual excitement during
terms of the peace. [Cruz, which blood flow to the
Intl. Law Reviewer, 1996 Ed., genital area increases,
p. 144]. leading to an erection in
men and in enlargement of
Arms and great seal of the the clitoris, engorgement of
Republic of the the vaginal walls and
Philippines. The Arms of increased vaginal secretions
the Philippines which shall in women. [Olarte, Legal
have paleways of two (2) Med., 1st Ed. (2004), pp. 111-
pieces, azure and gules; a 112].
chief argent studded with
three mullets equidistant Arraignment. 1. The reading
from each other; and, in of the complaint or
point of honor, ovoid argent information by the judge or
over all the sun rayonnant clerk to the defendant and
with eight minor and lesser delivering to the latter a
rays. Beneath shall be a copy thereof, including a list
scroll with the words of witnesses, and asking him
Republic of the Philippines, whether he pleads guilty or
or its equivalent in the not guilty as charged. [Sec.
national language, inscribed 1, Rule 116, RoC]. 2. The
thereon. The Great Seal shall formal appearance of an
be circular in form, with the accused person to hear, and
arms as described in the to receive a copy of, the
preceding paragraph, but charge against him or her, in
without the scroll and the the presence of a judge, and
inscription thereon, and to then enter a plea of guilty
surrounding the whole, a or not guilty. The
double marginal circle within arraignment is the final
which shall appear the words preparatory step before the
Republic of the Philippines, criminal trial. [Duhaime's
or its equivalent in the Legal Dict., 2004]. 3. The
national language. For the hearing at which the
purpose of placing the Great accused is brought before
Seal, the color of the arms the court to plead to the
shall not be deemed criminal charge. He may
essential. [Sec. 14, EO 292]. plead guilty, not guilty, or
where permitted Nolo
Arnibal. Tag. A sweet sauce. contendere. [Glossary of
[Moreno’s Law Dict., 2000 Legal Terms (Pro-Se), 2004].
Ed., p. 35].
Arrangement. Intl. Law. See
Agreement.
83
citing Moreno, Phil. Law

Arras. See Earnest money. Dict., 3rd Ed. (1988), p. 72].
Arrastre charge. The Arresto mayor. The penalty

amount which the owner, the duration of which shall
consignee, or agent of be from one month and one
either, of article or baggage day to six months (of
has to pay for the handling, imprisonment). [Art. 27,
receiving and custody of the RPC].
imported or exported article
or the baggage of the Arresto menor. The penalty
passengers. [Sec. 3101, RA the duration of which shall
1937]. be from one day to thirty
days (of imprisonment). [Art.
Arrastre charges. Fees for 27, RPC].
the services of the arrastre
operator, to be paid by the Arrival under stress. Also
consignee before the Involuntary entrance.
delivery of the cargo. Mar. Law. 1. When a vessel
[Moreno’s Law Dict., 2000 from a foreign port is
Ed., p. 35]. compelled by stress of
weather or other necessity
Arrears. A debt that is not to put into any other port
paid on the due date which than that of her destination.
adds up and accumulates as [Sec. 1016, RA 1937]. 2. In
arrears. [Duhaime's Legal voluntary entrance may be
Dict., 2004]. due to lack of provisions,
unseaworthiness of the
Arrest. 1. The taking of a vessel, inclement weather,
person into custody in order or other case of force
that he may be bound to majeure, such as pursuit by
answer for the commission pirates. [Sandoval, Pol. Law
of an offense. [Sec. 1, Rule Reviewer 2003].
113, RoC]. 2. An actual
restraint of the person to be Arson. The act of any person
arrested, or by his who burns or sets fire to the
submission to the custody of property of another. [Sec. 1,
the person making the PD 1613].
arrest. [Sec. 2, Rule 113,
RoC]. 3. Restraint on person, Arson. Elements: (a) That
depriving one of his own will there is intentional burning;
and liberty, binding him to and (b) that what is
become obedient to the will intentionally burned is an
of the law. [Larranaga v. CA, inhabited house or dwelling.
GR 130644. Mar. 13, 1998, [People v. Arbolante, GR
84
96713, Oct. 17, 1991, 203 loss or damage by fire; (f) if

SCRA 85, 97]. an inhabited house or any
other building in which
Arson of property of small people are accustomed to
value. The arson of any meet is set on fire, and the
uninhabited hut, storehouse, culprit did not know that
barn, shed, or any other such house or building was
property the value of which occupied at the time, or if he
does not exceed P25, shall set fire to a moving
committed at a time or freight train or motor
under circumstances which vehicle; (g) if a farm, sugar
clearly exclude all danger of mill, cane mill, mill central,
the fire spreading. [Art. 323, bamboo groves or any
RPC]. similar plantation is set on
fire; (h) if grain fields,
Arson, other forms of. pasture lands, or forests, or
Arson consisting in the plantings are set on fire; (i) if
burning of other property a building not used as a
and under the following dwelling or place of
circumstances: 1. if the assembly, located in a
offender shall set fire to any populated place, is set on
building, farmhouse, fire; (j) if a building used as
warehouse, hut, shelter, or dwelling located in an
vessel in port, knowing it to uninhabited place is set on
be occupied at the time by fire; or (k) when the property
one or more persons; (b) if burned consists of grain
the building burned is a fields, pasture lands, forests,
public building; (c) if the or plantations when the
building burned is a public value of such property does
building and the purpose is not exceed P200. [Art. 321,
to destroy evidence kept RPC, as amended by RA
therein to be used in 5467].
instituting prosecution for
the punishment of violators Art dealer. Any person or
of the law; (d) if the building entity who sells or otherwise
burned is a public building deals in works of fine art for
and the purpose is to profit or gain, such as art
destroy evidence kept galleries, art brokers and
therein to be used in agents. [Sec 3, RA 9105].
legislative, judicial or
administrative proceedings; Art forgery. An act
(e) if the arson shall have committed by any person or
been committed with the entity who: (a) affixes or
intention of collecting under causes to appear a usurped
an insurance policy against or forged signature or sign
85
on any work of fine art; (b) workmanship, especially in

counterfeits or imitates any the simple product of
original signature or sign, primitive arts or industry
with the intent to deceive representing past eras or
the public or the buyer as to periods. [Sec. 3, RA 4846].
the authorship of a work of
art; (c) sells or circulates any Artificial feeding. See
work of fine art bearing Formula feeding.
forged or usurped signatures
or signs; and (d) imitates or Artificial insemination. A
reproduces any work of fine process in which the male
art with intent to deceive the gametes, the spermatozoa,
public or the buyer as to the are collected and introduced
authenticity of the work. artificially into the female
[Sec 3, RA 9105]. genital tract for the purpose
fertilization. [Nolledo, The
Arthritis, acute. Family Code of the Phils.
Inflammation of a joint Annotated, 2000 Rev. Ed., p.
marked by pain, swelling, 263].
heat and redness; the result
of rheumatism or gout. Artificial reefs. Any structure
[Meñez v. ECC, GR L-48488. of natural or man-made
Apr. 25, 1980, citing The materials placed on a body
Simplified Medical Dict. for of water to serve as shelter
Lawyers, p. 56]. and habitat, source of food,
breeding areas for fishery
Articles of incorporation. 1. species and shoreline
The document prepared by protection. [Sec. 4, RA
the persons establishing a 8550].
corporation and containing
the matters required by the Artisanal fisher folk.
Corporation Code filed with Municipal, small scale or
the SEC. [Claridades, A., subsistence fishermen who
Compilation of Notes, 2001- use fishing gear which do
2006]. 2. The basic not require boats or which
instrument creating and only require boats below
defining a particular three (3) tons. [Sec. 3, RA
corporation which is filed 8425].
with a state agency at the
time of the firm's Artworks. The making of
incorporation. [Intl. Law Dict. decorative or artistic objects
& Direct., 2004]. by hand; the decoration of
artistic objects so made;
Artifacts. Articles which are artistic work produced in
products of human skills or quantity. [Ozaeta v. CA, GR
86
95226. Nov. 18, 1993, citing hearing. This provision no

Webster's 3rd New Intl. Dict.]. longer exists under the 1997
Rules of Procedure.
Ascariasis. Infestation with [Claridades, A., Compilation
ascaris lumbricoides. Its of Notes, 2001-2006].
vehicles for transmission are Compare with In default.
the fecally contaminated
food and drinks. Portal of As is where is. The phrase
entry is through the oral refers to the physical
route. [Chavez v. ECC, GR L- condition of the thing subject
61931. Mar. 31, 1987]. matter of the agreement.
Ascendant-reservista. See Ed., p. 37].
Reservista.
Asphyxia. Suffocation.
Ascending direct line. The [People v. Marquez, GR L-
rule in succession that, in 48834. Sep. 14, 1987.]
default of legitimate children
and descendants of the Asportation. Severance of
deceased, his parents and goods from the possession of
ascendants shall inherit from the owner and absolute
him, to the exclusion of control of the property by
collateral relatives. [Art. 985, the taker, even for an
CC]. instant. [People v.
Apolinario, GR 97426. June
Asesinato. Sp. Murder. [US v. 3, 1993, citing 184 SCRA at
Alias, GR L-6116. Feb. 27, 677]. 2. The taking of a thing
1911]. out of the possession of the
owner without his privity and
As in default. Under Sec. 2, consent and without the
Rule 20 of the 1964 Rules of animus revertendi. [People
Court, a party who fails to v. Salvilla, GR 86163. Apr.
appear at a pre-trial 26, 1990, citing Aquino, Rev.
conference may be non- Penal Code].
suited or considered as in
default. This contemplates a Assault. Threat to inflict
scenario wherein the injury with an apparent
defendant in a suit had ability to do so. Also, any
already filed his answer intentional display of force
(therefore had set up both that would give the victim
his negative and affirmative reason to fear or expect
defenses) but failed to immediate bodily harm.
comply with the mandate of [Glossary of Legal Terms
the Rules in not appearing at (Pro-Se), 2004].
the scheduled pre-trial
87
Assay. A test by means of is actual work done in the

chemical analysis to area. [Moreno’s Law Dict.,
determine the purity of 2000 Ed., p. 38].
fineness of metals,
particularly the precious Asset-backed securities
metals. [Peña, Phil. Law on (ABS). The certificates
Natural Resources, 1997 issued by a special purpose
Rev. Ed., p. 111, citing entity (SPE), the repayment
Morrison, Mining Rights, p. of which shall be derived
491-492]. from the cash flow of the
assets in accordance with
Assessed value. The value the Plan. [Sec. 3, RA 9267].
placed on taxable property
by the assessor for ad Asset pool. The group of
valorem tax purposes. The identified, homogeneous
assessed value when assets underlying the asset-
multiplied by the tax rate backed securities (ABS).
will produce the amount of [Sec. 3, RA 9267].
tax due. It is synonymous to
Taxable value. [Sec. 3, PD Assets. Loans or receivables
464]. or other similar financial
assets with an expected
Assessment. The act or cash payment stream. The
process of determining the term shall include, but shall
value of a property, or not be limited to,
proportion thereof, subject receivables, mortgage loans
to tax, including the and other debt instruments,
discovery, listing and and shall exclude
appraisal of properties. [Sec. receivables from future
3, PD 464]. expectation of revenues by
government, national or
Assessment level. The local, arising from royalties,
percentage applied to the fees or imposts. [Sec. 3, RA
market value to determine 9267].
the taxable or assessed
value of the property. [Sec. Assign. To give, to transfer
3, PD 464]. responsibility, to another.
The assignee (sometimes
Assessment work. In also called assigns) is the
mining, the proof of annual person who receives the
work obligations which are right or property being given
works or improvements and the assignor is the
necessary and instrumental person giving. [Duhaime's
in developing the mines and Legal Dict., 2004].
extracting ores therefrom. It
88
Assignee. One who is only by an insolvent debtor of all

entitled to receive the share his property to another for
of the profits or other the purpose of arriving at an
compensation by way of adjustment with his
income, or the return of the creditors. [Torres, Oblig. &
contribution, to which his Cont., 2000 Ed., p. 347].
assignor (limited partner)
would other wise be entitled. Assignment of credit. 1. An
But an assignee has no right agreement by virtue of
to require any information or which the owner of a credit,
account of the partnership’s known as the assignor, by a
transactions or to inspect legal cause, transfers his
the partnership’s books. A credit and its accessory
substituted partner has all rights to another, known as
these rights. [Diaz, Bus. Law the assignee, who acquires
Rev., 1991 Ed., p. 238]. the power to enforce it to
the same extent as the
Assignment. 1. A transfer or assignor could have
making over to another of enforced it against the
the whole of any property, debtor. [Casabuena v. CA,
real or personal, in GR 115410. Feb. 27, 1998,
possession or in action, or of citing Tolentino, Civil Code of
any estate or right therein. It the Phil. (Book V), p. 188]. 2.
includes transfers of all kinds The process of transferring
of property, and is peculiarly the right of the assignor to
applicable to intangible the assignee who would then
personal property and, have the right to proceed
accordingly, it is ordinarily against the debtor. The
employed to describe the assignment may be done
transfer of non-negotiable either gratuitously or
choses in action and of onerously, in which case, the
rights in or connected with assignment has an effect
property as distinguished similar to that of a sale
from the particular item or [Nyco Sales Corp. v. BA
property. [PNB v. CA, GR Finance Corp., GR 71694,
118357. May 6, 1997, citing Aug. 16, 1991; Paras, Civil
Moreno's Phil. Law Dict., 3rd Code of the Phil., Annotated,
Ed., p. 75]. 2. The transfer of Vol. V, 1982 Ed., p. 235].
a right or interest in property
by one person to another. Assignment of errors. The
[Torres, Oblig. & Cont., 2000 errors intended to be urged
Ed., p. 347]. as required by the Rules to
be contained in the
Assignment for the benefit appellant’s brief (which)
of creditors. The transfer errors shall be separately,
89
distinctly and concisely Associates. The term by

stated without repetition, which younger or more
and shall be numbered inexperienced salaried
consecutively. [Sec. 13, Rule attorneys in most firms are
44, RoC]. called. [Cayetano v. Monsod,
GR 100113. Sep. 3, 1991].
Assignment of lease. That
act contemplated in Art. Association. The act of a
1649 of the Civil Code, viz: number of persons in uniting
“The lessee cannot assign together for some special
the lease without the purpose or business.
consent of the lessor, unless [Kilosbayan v. Guingona, GR
there is a stipulation to the 113375. May 5, 1994].
contrary.” [Sec. 2, BP 877;
Sec.4, RA 9161]. Assumpsit. Lat. He
undertook; he promised. 1. A
Assist. 1. To lend an aid to. promise or engagement by
[Sinon v. CSC, GR 101251. which one person assumes
Nov. 5, 1992, citing Peabody or undertakes to do some
v. Town of Holland, 178 A. act or pay something to
888, 889 107 Vt. 237, 98 another. 2. A common law
A.L.R. 866]. 2. To contribute form of action which lies for
effort in the complete the recovery of damages for
accomplishment of an the non-performance of a
ultimate purpose intended to parol or simple contract; or a
be effected by those contract that is neither of
engaged. [Ibid, citing People record nor under seal.
v. Thurman, 62 Cal. App. [Black’s Law Dict., Abr. 5th
147; 216 P. 394 (1923)]. Ed. (1983), p. 63].
Compare with Recommend.
Assumption of risk. A
Associated person of a doctrine under which a
broker or dealer. An person may not recover for
employee therefor whom, an injury received when he
directly exercises control of has voluntarily exposed
supervisory authority, but himself to a known danger.
does not include a salesman, [Glossary of Legal Terms
or an agent or a person (Pro-Se), 2004].
whose functions are solely
clerical or ministerial. [Sec. Assured. The person for
3, RA 8799]. whose benefit the insurance
is granted. [Tiopianco,
Associated words doctrine. Commentaries & Jurisp. on
See Noscitur a Sociis. the Ins. Code of the Phil.,
1999 Ed., p. 23].
90
has responded with a denial

Aswang. Tag. An injurious and the matter is ready to
and evil character believed be tried. [Glossary of Legal
to be capable of assuming Terms (Pro-Se), 2004].
various and different forms,
especially that of a dog, and At least one-year service.
harassing usually in the Labor. Service for not less
depth of night women who than 12 months, whether
are about to give birth. continuous or broken
[People v. Sario, GR L-20754 reckoned from the date the
& L-20759. June 30, 1966]. employee started working,
including authorized
Asylum. Intl. Law. 1. A absences and paid regular
privilege granted by a state holidays unless the working
to allow an alien escaping days in the establishment as
from the persecution of his a matter of practice or
country for political reasons policy, or that provided in
remain and grant him the employment contract is
asylum. [Sandoval, Pol. Law less than 12 months, in
Reviewer 2003]. 2. A which case said period shall
sanctuary, or place of refuge be considered as one year.
and protection, where [Sec. 3, Rule 5, LC].
criminals and debtors find
shelter and from which they Attachment. 1. A juridical
could not be take without institution which has for its
sacrilege. While a foreign purpose to secure the
country has the right to offer outcome of the trial that is
an asylum to fugitives from the satisfaction of the
other countries, there is no pecuniary obligation really
corresponding right on the contrasted by a person or
part of the alien to claim believed to have been
asylum. [Black’s Law Dict., contracted by him, either by
Abr. 5th Ed. (1983), p. 64]. virtue of a civil obligation
emanating from contract or
Atentado contra la from law, or by virtue of
autoridad. Sp. Assault upon some crime or misdemeanor
a person in authority. [Tacas that he might have
v. Cariaso, GR L-37406. Aug. committed, and the writ
31, 1976]. See Direct issued, granted it, is
assault. executed by attaching and
safely keeping all the
At issue. The time in a movable property of the
lawsuit when the defendant, or so much
complaining party has stated thereof as may be sufficient
his claim and the other side to satisfy the plaintiff's
91
demands. [Herrera, of a felony directly by overt

Remedial Law, Vol. 3, p. 1, acts, and does not perform
citing Guzman v. Catolico all the acts of execution
(65 Phil. 257); Gruenberg v. which should produce the
CA (138 SCRA 471)]. 2. A felony by reason of some
provisional remedy in the cause or accident other than
form of an order issued by a this own spontaneous
judge before whom the desistance. [Art. 6, RPC].
proper action is pending by
which the property of the Attestation. Succ. It consists
adverse party is taken into in witnessing the testator's
legal custody, either at the execution of the will in order
commencement of the to see and take note
action or at any time mentally that those things
thereafter before final are done which the statute
judgment, as security for the requires for the execution of
satisfaction of a judgment a will and that the signature
obtained by the prevailing of the testator exists as a
party. 2. Taking a person's fact. [In Re: Taboada v.
property to satisfy a court- Rosal, GR L-36033. Nov. 5,
ordered debt. [Glossary of 1982].
Attestation clause. Succ. 1.
Attack. Any offensive or That part of an ordinary will
antagonistic movement or whereby the attesting
action of any kind and the witnesses certify that the
drawing of a pistol from the instrument has been
holster at the hip and the executed before them and to
aiming of that pistol at a the manner of the execution
person. [Gregorio, Fund. of of the same. [Testate Estate
Crim. Law Rev., 1997 9th Ed., of Paula Toray, 87 Phil. 139
p. 415, citing People v. (1950)]. 2. A separate
Ladena, CA GR 6008-R, Mar. memorandum or record of
8, 1951]. the facts surrounding the
conduct of execution and
Attempt. An endeavor or once signed by the
effort to do an act or witnesses, it gives
accomplish a crime, carries affirmation to the fact that
beyond preparation, but compliance with the
lacking execution. [Jurist’s essential formalities required
Legal Dict., 2004]. by law has been observed.
[Vda. de Ramos, v. CA, 81
Attempted felony. A felony SCRA 393 (1978)]. 3. It is
where the offender made for the purpose of
commences the commission preserving in a permanent
92
form a record of the facts things not mentioned in his

that attended the execution appointment necessary to
of a particular will, so that in the performance of the
case of failure of the duties specifically required
memory of the attesting of him, such authority being
witnesses, or other casualty, necessarily implied. [Phil.
such facts may still be Legal Encyc., p. 66].
proved. [Leynez v. Leynez,
68 Phil. 745 (1939)]. Attorney of record. The
principal attorney in a
Attested will. See Ordinary lawsuit, who signs all formal
will. documents relating to the
suit. [Glossary of Legal
Attorney. An alternate word Terms (Pro-Se), 2004].
for lawyers. A person that
has been trained in the law Attorney’s fee. A reasonable
and that has been certified compensation to which the
to give legal advice or to attorney is or shall be
represent others in litigation. entitled to have and recover
[Duhaime's Legal Dict., from his client for his
2004]. services, with a view to the
importance of the subject
Attorney-at-law. A person matter of the controversy,
admitted to practice law in the extent of the services
his respective state and rendered, and the
authorized to perform both professional standing of the
civil and criminal legal attorney. [Claridades, A.,
functions for clients, Compilation of Notes, 2001-
including drafting legal 2006].
documents, giving of legal
advice, and representing Attorneys' liens. A lien
such before courts, which an attorney shall have
administrative agencies, upon the funds, documents
boards, etc. [Black’s Law and papers of his client
Dict. 6th Ed., p. 128]. which have lawfully come
into his possession and
Attorney-in-fact. 1. A person which he may retain until his
who has been appointed by lawful fees and
another to act in his behalf disbursements have been
and in his name. [Torres, paid, and may apply such
Oblig. & Cont., 2000 Ed., p. funds to the satisfaction
347]. 2. An agent whose thereof. He shall also have a
authority is strictly limited by lien to the same extent upon
the instrument appointing all judgments for the
him, though he may do payment of money, and
93
executions issued in wittingly or willingly promote

pursuance of such or sue any groundless, false
judgments, which he has or unlawful suit nor give aid
secured in a litigation of his nor consent to the same; I
client, from and after the will not delay any man's
time when he shall have cause for money or malice
caused a statement of his and will conduct myself as a
claim of such lien to be lawyer according to the best
entered upon the records of of my knowledge and
the court rendering such discretion with all good
judgment, or issuing such fidelity as well to the courts
execution, and shall have as to my clients and I impose
caused written notice upon myself this obligation
thereof to be delivered to his voluntary, without any
client and to the adverse mental reservation or
party; and he shall have the purpose of evasion. SO HELP
same right and power over ME GOD." [Form 28,
such judgments and appended to the RoC as
executions as his client revised on Oct. 25, 1979 , 91
would have to enforce his SCRA xv].
lien and secure the payment
of his just fees and Attorney's retaining lien. A
disbursements. [Sec. 37, general lien for the balance
Rule 138, RoC]. of the account between the
attorney and his client, and
Attorney’s or lawyer’s applies to the documents
oath. The oath of office and funds of the client which
which every lawyer in the may come into the
Philippines has to take attorney's possession in the
before he is allowed to course of his employment.
practice law. The full text [Ampil v. Agrava, GR L-
reads: "I, 27394. July 31, 1970, citing
_______________________ of Black's Law Dict., 4th Ed.,
_________________________ do 165]. Compare with
solemnly swear that I will Charging or special lien.
maintain allegiance to the
Republic of the Philippines; I Attorney’s signature. The
will support and defend its signature of a counsel
Constitution and obey the representing a party on
laws as well as the legal every pleading (which
orders of the duly signature) constitutes a
constituted authorities certificate by him that he
therein; I will do no has read the pleading; that
falsehood nor consent to its to the best of his knowledge,
commission; I will not information, and belief, there
94
is good ground to support it; 1974]. 2. A principle of

and that it is not interposed natural justice which
for delay. [Sec. 3, Rule 7, prohibits a judicial decision
RoC]. which impacts upon
individual rights without
Attractive nuisance giving all parties in the
doctrine. The doctrine that dispute a right to be heard.
where a person maintains in [Duhaime's Legal Dict.,
his premises a dangerous 2004].
instrumentality of a
character which is attractive Audiovisual work or
to children of tender years at fixation. A work that
play and who fails to consists of a series of related
exercise due diligence to images which impart the
prevent such children form impression of motion, with or
playing therewith or without accompanying
resorting or resorting sounds, susceptible of being
thereto, is liable to a child made visible and, where
who is injured thereby, even accompanied by sounds,
if the child is technically a susceptible of being made
trespasser. [Claridades, A., audible. [Sec. 202, RA 8293].
2006]. Audit. To examine and adjust.
To examine an account,
Attrition. The reduction of compare it with the
personnel as a result of vouchers, adjust the same,
resignation, retirement, and to state the balance, by
dismissal in accordance with persons legally authorized
existing laws, death or for the purpose. [Ynchausti &
transfer to another office. Co. v. Wright, GR 23601.
[Sec. 2, RA 7430]. Sep. 22, 1925, citing Words
and Phrases, Vol. 1, 1st
Auction. A public sale of Series, pp 639-640].
property to the highest
bidder by a person called the Auditing Code of the
auctioneer who must be Philippines. PD 1445
authorized by law. [Torres, signed into law on June 11,
Oblig. & Cont., 2000 Ed., p. 1978.
347].
Auditorial function of an
Audi alteram partem. Lat. auditor. As a representative
Hear the other party. 1. The of the Commission on Audit,
right to he heard should not his function comprises three
be ruled out. [Torres v. aspects: (a) examination; (b)
Borja, GR L-31947. Mar. 21, audit: and (c) settlement of
95
the accounts, funds, 278 of the Civil Code, is the

financial transactions and genuine or indubitable
resources of the agencies writing of the father (or
under their respective audit mother), and includes a
jurisdiction. [Arias v. public instrument (one
Sandiganbayan, GR 81563. acknowledged before a
Dec. 19, 1989, citing Sec. notary public or other
43, Govt. Auditing Code of competent official with the
the Phil.]. formalities required by law)
and, a public or official
Auscutate. To listen to the document in accordance
sounds arising within organs with the Rules of Court.
as an aid to diagnosis and [Banaag v. Bartolome, GR
treatment, the examination 76245. Dec. 20, 1991].
being made either by the
use of the stethoscope or by Author. The natural person
direct application of the ear who has created the work.
to the body. [Ramos v. CA, [Art. 171, RA 8293].
GR 124354, Apr. 11, 2002].
Authority. Labor. A document
Authentication. Evid. The issued by the DOLE
proof of a document’s due authorizing a person or
execution and genuineness if association to engage in
the purpose is to show that it recruitment and placement
is genuine, or proof of its activities as a private
forgery, if its purpose is to recruitment entity. [Art. 13,
show that the document is a LC].
forgery. [Claridades, A.,
Compilation of Notes, 2001- Authorized capital stock. It
2006]. is synonymous with capital
stock where the shares of
Authentic notice. the corporation have par
Constancia autentica. [Art. value. [De Leon, Corp. Code
749, Civil Code]. "The of the Phil. Annotated, 1989
acceptance having been Ed., p. 52].
made in the deed of gift
itself, notification thereof to Authorized-cause
the donor in a ‘constancia dismissal. Labor. A form of
autentica’ was evidently not terminating employer-
necessary." [Kapunan v. employee relationship with a
Casilan, L-8178, Oct. 31, liability on the part of the
1960]. employer to pay separation
pay as mandated by law.
Authentic writing. A writing [Poquiz, Labor Rel. Law,
which, for purposes of Art.
96
1999 Ed. p. 349]. Compare

with Just-cause dismissal. Automated election
system. A system using
Authorized driver clause. appropriate technology for
Ins. 1. A clause which voting and electronic devices
provides that an authorized to count votes and
driver must not only be canvass/consolidate results.
permitted to drive by the [Sec. 2, RA 8436].
insured but that he is
permitted under the law and Automatic. Involuntary either
regulations to drive the wholly or to a major extent
motor vehicle and is not so that any activity of the
disqualified from so doing will is largely negligible; of a
under any enactment or reflex nature without
regulation. [Stokes v. volition; mechanical; like or
Malayan Ins. Co., GR L- suggestive of an automation.
34768. Feb. 24, 1984]. 2. [Prov. of Batangas v.
The main purpose of the Romulo, GR 152774, May 27,
clause is that a person other 2004, citing Webster’s 3rd
than the insured owner, who New Intl. Dict.].
drives the car on the
insured's order, such as his Automatically. In an
regular driver, or with his automatic manner; without
permission, such as a friend thought or conscious
or member of the family or intention. [Prov. of Batangas
the employees of a car v. Romulo, GR 152774, May
service or repair shop, must 27, 2004, citing Webster’s
be duly licensed drivers and 3rd New Intl. Dict.].
have no disqualification to
drive a motor vehicle. Automatic appropriation
[Villacorta v. Ins. Comm., for debt service.
100 SCRA 467]. (Appropriation in the General
Appropriations Act)
Aut judicare aut dedere. authorized by P.D. No. 81,
Lat. either adjudicate or entitled "Amending Certain
extradite. A rule, common to Provisions of Republic Act
anti-terrorism treaties, that Numbered Four Thousand
requires a contracting state Eight Hundred Sixty, as
either to prosecute an Amended (Re: Foreign
alleged offender who is Borrowing Act), "by P.D. No.
within its territory or to 1177, entitled "Revising the
extradite the offender to Budget Process in Order to
another contracting state for Institutionalize the
prosecution there. [Intl. Law Budgetary Innovations of the
Dict. & Direct., 2004]. New Society," and by P.D.
97
No. 1967, entitled "An Act order or public policy.

Strengthening the Guarantee [Manila Resource Dev. Corp.
and Payment Positions of the v. NLRC, GR 75242. Sep. 2,
Republic of the Philippines 1992].
on Its Contingent Liabilities
Arising out of Relent and Autoptic proference. The
Guaranteed Loans by inspection by the tribunal of
Appropriating Funds For The the thing itself and its
Purpose." [Guingona, Jr. v. condition. [Tiglao v.
Carague, GR 94571. Apr. 22, Comelec, GR L-31566 & L-
1991]. 31847. Aug. 31, 1970]. See
Real evidence.
Automobile. Any four (4) or
more wheeled motor vehicle Autosexual. Legal Med. A
regardless of seating deviate who would rather
capacity, which is propelled have masturbation than
by gasoline, diesel, make love with his/her
electricity or any other partner of the opposite sex.
motive power: Provided, [Olarte, Legal Med., 1st Ed.
That for purposes of RA (2004), p. 113].
9224, buses, trucks, cargo
vans, jeeps, jeepneys or Autrefois acquit. Fr.
jeepney substitutes, single Previous acquittal. It refers
cab, chassis, and special- to an accused who cannot be
purpose vehicles shall not be tried for a crime because the
considered as automobiles. record shows he has already
[RA 9224]. been subjected to trial for
the same conduct and was
Autonomy. It is either acquitted. [Duhaime's Legal
decentralization of Dict., 2004].
administration or
decentralization of power. Autrefois attaint. Fr.
[Limbona v. Mangelin, GR Attainted for a felony. It
80391. Feb. 28, 1989]. refers to a person who
cannot be tried again for the
Autonomy in contracts, same offence. [Duhaime's
Freedom to contract or Legal Dict., 2004].
Liberty in contracts. The
rule in Art. 1306, of the Civil Autrefois convict. Fr.
Code that the contracting Previous conviction. It refers
parties may establish such to the plea made by the
stipulations as they may accused if he maintains that
deem convenient, provided the previous trial resulted in
they are not contrary to law, conviction. [Duhaime's Legal
morals, good customs, public Dict., 2004].
98
province, city or municipality

Auxiliary crop. Any product during the required number
raised other than the crop to of consecutive calendar
which the cultivation of the years immediately preceding
land is principally devoted in the general reclassification
each agricultural year; and of local governments,
excluding the produce of the divided by such number of
lot referred to in Sec. 22, calendar years, as may be
par. 3 of RA 2263. [Sec. 2, certified to by the
RA 2263]. Commission on Audit for
purposes of such
Auxiliary language. A reclassification of provinces,
particular language, spoken cities and municipalities.
in certain places, which [Sec. 4, EO 249, July 25,
supports or helps the 1987].
national and/or official
languages in their assigned Average monthly
functions. [Sec. 3, RA 7104]. compensation. The
quotient after dividing the
Auxiliary social services. aggregate compensations
The supportive activities in received by the member for
the delivery of social the last three years
services to the marginalized immediately preceding his
sectors of society. [Sec. 4, death/separation/disability/r
RA 7277]. etirement, by the number of
months he received said
Average. Mar. Ins. Any compensation, or three
extraordinary or accidental thousand pesos, which ever
expense incurred during the is smaller. [Sec. 2, PD 1146].
voyage for the preservation
of the vessel, cargo or both A vinculo matrimonii. Lat.
and all damages to the Of marriage. 1. The term is
vessel and cargo form the now used to refer to a final
time it is loaded and the and permanent divorce.
voyage commenced until it [Duhaime's Legal Dict.,
ends and the cargo 2004]. 2. The Civil Code of
unloaded. [Tiopianco, the Philippines, now in force,
Commentaries & Jurisp. on does not admit absolute
the Ins. Code of the Phil., divorce, quo ad vinculo
1999 Ed., p. 117]. matrimonii; and in fact it
does not even use that term,
Average annual income. to further emphasize its
The sum of the annual restrictive policy on the
income as herein defined matter, in contrast to the
actually obtained by a preceding legislation (Act
99
2710) that admitted Award. Any partial or final

absolute divorce on grounds decision by an arbitrator in
of adultery of the wife or resolving the issue in a
concubinage of the husband. controversy. [Sec. 3, RA
[Tenchavez v. Escaño, GR L- 9285].
19671. Nov. 29, 1965].
Awning. A movable shelter
Avoidance of the law. In supported entirely from the
conflict of laws, the exterior wall of a building
intentional arrangement of and of a type which can be
connecting factors (contacts) retracted, folded, or
in an agreement, usually by collapsed against the face of
equal bargaining parties, for a supporting building. [Sec.
a legitimate purpose, in 1203, PD 1096].
order to ensure the
applicability to the
agreement of a particular
law or jurisdiction. The
opposite of evasion of the
law (Fraude à la loi).
[Tetley, Glossary of Conflict
of Laws, (Internet)].
Avulsion. 1. The segregation

by the current of a river,
creek or torrent from an
estate on its bank a known
portion of land and
transferring it to another
estate. The owner of the
land to which the segregated
portion belonged retains the
ownership of it, provided
that he removes the same
within two years. [Art. 459,
CC]. 2. Land accretion that
occurs by the erosion or
addition of one's land by the
sudden and unexpected
change in a river stream
such as a flash flood.
[Duhaime's Legal Dict.,
2004].

100
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].
Backward shifting. The

transfer of the burden of the
tax from the consumer or
purchaser through the
factors of distribution to the
factors of production. [De
Leon, Fundamentals of
-B- Taxation, 2000 Ed., p. 56].

101
Bad faith. 1. A state of mind been denominated by the

affirmatively operating with courts as badges of fraud:
furtive design or with some (a) The fact that the cause or
motive of self-interest or ill consideration of the
will or for ulterior purpose. conveyance is inadequate;
[Air France v. Carrascoso, GR (b) a transfer made by a
L-21438. Sep. 28, 1966]. 2. debtor after suit has been
The neglect or refusal to begun and while it is
fulfill a duty, not prompted pending against him; (c) a
by an honest mistake, but by sale on credit by an
some interested or sinister insolvent debtor; (d)
motive. [State v. Griffin, 100 evidence of large
S.C. 331, 84 S.E. 876, cited indebtedness or complete
in Black's Dict., 4th Ed., 1951, insolvency; (e) the transfer
p. 176]. of all or nearly all of his
property by a debtor, esp.
Bad faith of a possessor in when he is insolvent or
reference to land. There is greatly embarrassed
a presumption of bad faith financially; (f) the fact that
whenever a possessor is the transfer is made
aware that there exists in his between father and son,
title or mode of acquisition when there are present
any flaw which invalidates it. others of the above
[Art. 526, CC]. circumstances; (g) the
failure of the vendee to take
Bad faith on the part of the exclusive possession of all
landowner. There is bad property. [Claridades, A.,
faith whenever the act was Compilation of Notes, 2001-
done with the knowledge of 2006].
the landowner and without
opposition on his part. [Art. Baggage. Such articles of
453, CC]. apparel, ornament, etc., as
are in daily use by travelers,
Badges of fraud. If the fraud for convenience according to
or intent to defraud cannot the habits or wants of the
be established by means of particular class to which he
the presumptions belongs, either with
enunciated in Art. 1387 of reference to the immediate
the Civil Code, it may still be necessities or ultimate
proved in accordance with purpose of the journey. Only
the ordinary rules of such articles of necessity or
evidence. This may be done convenience as are
by proving the existence of generally carried by
any one of the following passengers for their personal
circumstances which have use. [Comm. of Customs v.
102
Geronimo, GR L-31642. Oct. while it remains in his

28, 1977, citing Bouvier's possession. [Duhaime's
Law Dict., Vol. 1, p. 305]. Legal Dict., 2004].
Bail. 1. The security given for Bailiff. An officer of the court

the release of a person in responsible for keeping
custody of the law, furnished order and maintaining
by him or a bondsman, appropriate courtroom
conditioned upon his decorum. [Jurist’s Legal
appearance before any court Dict., 2004].
as required under the
conditions hereinafter Bailment. 1. The relationship
specified. Bail may be given created when the owner of
in the form of a corporate property, the bailor, delivers
surety, property bond, cash it to another, the bailee, for
deposit, or recognizance. some specific purpose.
[Sec. 1, Rule 114, RoC]. 2. [Torres, Oblig. & Cont., 2000
Money or other security Ed., p. 347]. 2. The transfer
(such as a bail bond) of possession of something
provided to the court to (by the bailor) to another
temporarily allow a person's person (called the bailee) for
release from jail and assure some temporary purpose
their appearance in court. (e.g. storage) after which the
Bail and bond are often used property is either returned to
interchangeably. [Glossary the bailor or otherwise
of Legal Terms (Pro-Se), disposed of in accordance
2004]. with the contract of
bailment. [Duhaime's Legal
Bail bond. An obligation Dict., 2004].
signed by the accused to
secure his presence at the Bailor. The person who
trial. This obligation means temporarily transfers
that the accused may lose possession of property to
money by not properly another, the bailee, under a
appearing for the trial. Often contract of bailment.
referred to simply as Bond. [Duhaime's Legal Dict.,
[Glossary of Legal Terms 2004].
(Pro-Se), 2004].
Bakia. Tag. Wooden shoes.
Bailee. The person who [People v. Resayaga, GR L-
receives property through a 49536. Mar. 30, 1988].
contract of bailment, from
the bailor, and who may be Baklad. Tag. See Fish corral.
committed to certain duties
of care towards the property
103
Balance. A remainder or particular circumstances

something remaining from presented. [American
the original total sum Communications Asso. v.
already agreed upon. [Adelfa Douds, Yap v. Boltron, 100
Properties, Inc. v. CA, GR Phil. 324 (1956)]. Compare
111238. Jan. 25, 1995]. with Clear and present
danger rule and
Balance of power. Intl. Law. Dangerous tendency
An arrangement of affairs so doctrine.
that no state shall be in
apposition to have absolute Balikbayan. A Filipino citizen
mastery and dominion over who has been continuously
others. [Cruz, Intl. Law out of the Philippines for a
Reviewer, 1996 Ed., p. 50, period of at least one (1)
citing Vattel]. year, a Filipino overseas
worker, or former Filipino
Balancing test. 1. The test citizen and his or her family
applied by courts in who had been naturalized in
determining whether or not a foreign country and comes
an accused has been denied or returns to the Philippines.
his right to a speedy trial, in [Sec 2, RA 9174; Sec. 2. RA
which the conduct of both 6768].
the prosecution and the
accused is weighed, and Banco. Sp. Bench. The local
such factors as length of the term for (a) particular long
delay, reason for the delay, chair. [People v. Pastoral, GR
the accused's assertion or 51686. Sep. 10, 1993].
non-assertion of his right,
and prejudice to the accused Band. Also En cuadrilla. A
resulting from the delay, are group of more than three
considered. [Hipolito v. CA, armed malefactors who take
GR 108478-79. Feb. 21, part in the commission of a
1994]. Also known as Four- robbery. [Art. 296, RPC].
factor balancing test. 2.
When particular conduct is Bangko Sentral ng
regulated in the interest of Pilipinas. The independent
public order, and the central monetary authority
regulation results in an (of the Republic of the
indirect, conditional, partial Philippines) that shall
abridgment of speech, the function and operate as an
duty of the courts is to independent and
determine which of the two accountable body corporate
conflicting interests in the discharge of its
demands the greater mandated responsibilities
protection under the concerning money, banking
104
and credit. [Sec. 1 & 2, RA banks. [Sec. 3, RA 2629]. 3.

7653]. A moneyed institute founded
to facilitate the borrowing,
Bangungot. Tag. 1. Asphyxial lending, and safe-keeping of
cardiorespiratory failure. money and to deal in notes,
[People v. Narciso, GR L- bills of exchange, and
24484. May 28, 1968]. 2. A credits. [Rep. v. Security
natural disease locally called Credit & Acceptance Corp.,
(as such) where the victim GR L-20583. Jan. 23, 1967].
dies in his sleep allegedly
due to bad dreams or Bank deposit. Money held by
nightmares. 3. A theoretical a bank. The bank may freely
disease — whose remote use this money as it best
and immediate cause, sees fit. A depositor only has
pathology and cure have not a claim against the bank as
as yet been accurately a general creditor and not as
determined and scientifically a bailor of specific property
established and confirmed. deposited with the bank.
[Luzon Brokerage Co., Inc. v. [Intl. Law Dict. & Direct.,
Dayao, GR L-10362. Nov. 27, 2004].
1959].
Bank draft. 1. A bill of
Bank. 1. Every banking exchange drawn by a bank
institution, as defined in Sec. upon its correspondent bank,
2 of RA 337, as amended, issued at the solicitation of a
otherwise known as the stranger who purchases and
General Banking Act. A bank pays therefor. [Citytrust
may either be a commercial Banking Corp. v. CA, GR
bank, a thrift bank, a 92591. Apr. 30, 1991, citing
development bank, a rural Kohler v. First Natl. Bank,
bank or a specialized 289 P 47, 49, 157 Wash. 417
government bank. [Sec. 22, 1930)]. 2. An order for
NIRC, as amended]. 2. (a) A payment of money. [Ibid.,
banking institution organized citing Polotsky v. Artisans
under the laws of the Savings Bank, Del. 180 A.
Philippines, (b) any other 791, 792, 7 WW. Harr 142
banking institution or trust (1935)].
company, doing business
under the laws of the Banker’s acceptance bill.
Philippines, a substantial Nego. Inst. A bill of exchange
portion of the business of of which the acceptor is a
which consists of receiving bank or banker engaged
deposits or exercising generally in the business of
fiduciary powers similar to granting banker’s
those permitted to national acceptance credit. This is the
105
same as Trade acceptance operating in the Philippines

bill, the only difference is it to maintain against their
is drawn against a bank deposit liabilities in order to
instead of the buyer. [Diaz, control the volume of money
Bus. Law Rev., 1991 Ed., p. created by the credit
365]. operations of the banking
system. [Sec. 94, RA 7653].
Banker’s check. A chose in
action, or evidence of the Bankruptcy. 1. The formal
right of the real owner. condition of an insolvent
[Moreno’s Law Dict., 2000 person being declared
Ed., p. 45]. bankrupt under law. The
legal effect is to divert most
Banking franchise. An of the debtor's assets and
authority granted by the debts to the administration
monetary board to conduct of a third person, sometimes
banking business (in the called a trustee in
Philippines) as provided for bankruptcy, from which
under the pertinent laws. d outstanding debts are paid
thenceforth be called. pro rata. Bankruptcy forces
[Claridades, A., Compilation the debtor into a statutory
of Notes, 2001-2006]. period during which his
commercial and financial
Banking institution and affairs are administered
Bank. The terms are under the strict supervision
synonymous and of the trustee. [Duhaime's
interchangeable and Legal Dict., 2004]. 2.
specifically include banks, Statutes and judicial
banking institutions, proceedings involving
commercial banks, savings persons or businesses that
banks, mortgage banks, cannot pay their debts and
trust companies, building seek the assistance of the
and loan associations, court in getting a fresh start.
branches and agencies in Under the protection of the
the Philippines of foreign bankruptcy court, debtors
banks, hereinafter called may be released from or
Philippine branches, and all discharged from their debts,
other corporations, perhaps by paying a portion
companies, partnerships, of each debt. The person
and associations performing with the debts is called the
banking functions in the debtor and the people or
Philippines. [Sec. 2, RA 337]. companies to whom the
debtor owes money are
Bank reserves. The reserves called creditors. [Glossary of
required of all banks Legal Terms (Pro-Se), 2004].
106
being hearsay, is not a

Banks. Collectively, the rural conclusive proof of filiation
banks, cooperative banks, (and) does not have the
and private development same probative value as a
banks as defined in par. 17, record of birth, an official or
18 and 19, Sec. 3 of RA public document. [In Re:
7607. [Sec. 4, RA 7607]. Pabellar v. CA, GR L-27298.
Mar. 4, 1976]. 2. While (it)
Banks and other financial may be considered (a) public
institutions. Non-bank document, (it) can only
financial intermediaries, serve as evidence of the
lending investors, finance administration of the
and investment companies, sacraments on the dates so
pawnshops, money shops, specified. (It is) not
insurance companies, stock necessarily competent
markets, stock brokers and evidence of the veracity of
dealers in securities and entries therein with respect
foreign exchange, as defined to the child's paternity.
under applicable laws, or [Fernandez v. CA, GR
rules and regulations 108366. Feb. 16, 1994].
thereunder. [Sec. 131, RA
7160]. Bar. 1. Historically, the
partition separating the
Banned hazardous general public from the
substance. (a) Any toy or space occupied by the
other articles intended for judges, lawyers, and other
use by children, which are participants in a trial. 2.
hazardous per se, or which More commonly, the term
bear or contain substances means the whole body of
harmful to human beings; or lawyers. [Glossary of Legal
(b) any hazardous substance Terms (Pro-Se), 2004]. 3.
intended or packaged in a The whole body of attorneys
form suitable for use in the and counselors. Collectively,
household, which the the members of the legal
implementing agency by profession. [Black’s Law
regulation, classifies as Dict., 6th Ed., p. 148].
banned hazardous substance
notwithstanding the Bar admission. The act by
existence of cautionary which one is licensed to
labels, to safeguard public practice before the courts of
health and safety. [Art. 4, RA a particular state or
7394]. jurisdiction after satisfying
certain requirements such as
Baptismal certificate. 1. A bar examinations, period of
private document, which, residency or admission on
107
grounds of reciprocity after a health care services in the

period of years as a member community after having
of the bar of another been accredited to function
jurisdiction. [Black’s Law as such by the local health
Dict., 6th Ed., p. 149]. board in accordance with the
guidelines promulgated by
Barako. Tag. Tough guy. the Department of Health
[People v. Batas, GR 84277- (DOH). [Sec. 3, RA 7883].
78. Aug. 2, 1989].
Barangay Health Workers'
Barangay. The name by Benefits and Incentives
which any barrio recognized Act of 1995. RA 7883
under RA 3590, otherwise entitled “An Act creating
known as the "Barrio Charter benefits and incentives to
Law", as amended, including accredited barangay health
those that were workers and for other
subsequently created in purposes” enacted on Feb.
accordance with subsequent 20, 1995.
laws would thenceforth be
called. [Claridades, A., Barangay Justice. See
Compilation of Notes, 2001- Katarungang
2006]. Pambarangay.
Barangay Day Care Center Barangay micro business

Law of 1978. PD 1567 enterprise (BMBE). Any
entitled “Establishing a day business entity or enterprise
care center in every engaged in the production,
barangay and appropriating processing or manufacturing
funds therefor” signed into of products or commodities,
law on June 11, 1978. including agro-processing,
trading and services, whose
Barangay Decree. PD 557 total assets including those
entitled “Declaring all arising from loans but
barrios in the Philippines as exclusive of the land on
barangays, and for other which the particular business
purposes” signed into law on entity's office, plant and
Sep. 21, 1974. equipment are situated,
shall not be more than
Barangay health worker. A P3,000,000.00. [Sec. 3, RA
person who has undergone 9178].
training programs under any
accredited government and Barangays. Units of
non-government municipalities or municipal
organization and who districts in which they are
voluntarily renders primary situated. They are quasi-
108
municipal corporations demands and counter-

endowed with such powers demands and, after
as are herein provided for haggling, agree on what is
the performance of essentially a compromise
particular government reflecting the concessions
functions, to be exercised by mutually given by the
and through their respective parties to arrive at a
barangay governments in common understanding.
conformity with law. [Sec. 2, [Aquino v. NLRC, GR 87653.
RA 3590, as amended]. Feb. 11, 1992].
Bar by prior (or former) Bargaining representative.

judgment. Also Res A legitimate labor
judicata. The rule that the organization or any officer or
judgment in the first case agent of such organization
constitutes an absolute bar whether or not employed by
to the subsequent action the employer. [Art. 212, LC].
when, between the first case
where the judgment was Bargaining unit. A group of
rendered and the second employees of a given
case which sought to be employer comprised of all or
barred, there is identity of less than all of the entire
parties, subject matter and body of employees, which
cause of action. [Comilang v. the collective interest of all
CA, July 15, 1975]. the employees, consistent
with equity to the employer,
Bareboat. Mar. Law. Literally, indicate to be the best suited
“without a crew.” [Litonjua to serve the reciprocal rights
Shipping Inc. v. NSB, GR and duties of the parties
51910. Aug. 10, 1989]. under the collective
bargaining provisions of the
Bareboat charter. See law. [Golden Farms v. Sec. of
Demise charter. Labor, GR 102130. July 26,
1994].
Bar examination. A state
examination (administered Barkada. Tag. 1. Group.
by the Supreme Court of the [People v. Resayaga, GR L-
Philippines) taken by 23234. Dec. 26, 1973]. 2.
prospective lawyers in order Comrade or co-conspirator.
to be admitted and licensed [People v. Plateros, GR L-
to practice law. [Glossary of 37162. May 30, 1978]. 3.
Legal Terms (Pro-Se), 2004]. Companion. [People v.
Catindihan, GR L-32508 & L-
Bargaining. A process where 42104. Apr. 28, 1980]. 4.
the parties discuss their Gang. [People v. Cuya, Jr.,
109
GR L-33046. Feb. 18, 1986]. there can be no recovery on

5. Buddies. [People v. Parba, the policy in case of any
GR L-63409. May 30, 1986]. willful misconduct on the
6. Close friend. [People v. part of the master or crew in
Valdez, GR L-75390. Mar. 25, pursuance of some unlawful
1988]. or fraudulent purpose
without the consent of the
Barker. A caller of jeepney owners and to the prejudice
passengers. [People v. of the owner’s interest.
Payumo, GR 81761. July 2,
1990]. Barrel. 42 U.S. gallons or
9702 cubic inches at
Barking. Calling for temperature of 60º
passengers to ride on Fahrenheit. [Sec. 3, PD 87].
waiting jeepneys. [Moreno’s
Law Dict., 2000 Ed., p. 47]. Barrier between the
legitimate family and the
Barratry. 1. Legal Ethics. The illegitimate family rule.
offense of frequently See Iron curtain rule.
exciting and stirring up
quarrels and suits, either at Barrio Charter Act. RA 2370
law or otherwise. [Pineda, entitled “An Act granting
Legal and Judicial Ethics, autonomy to barrios of the
(1999 Ed.), p. 46, citing 4 Philippines” enacted on June
Bla. Com. 134; Co. Litt. 368]. 20, 1959.
2. Mar. Law. The fraudulent
act of the master or mariner Barrio or Barrios. Units of
against the ship owner’s municipalities or municipal
interest. [Tiopianco, districts in which they are
Commentaries & Jurisp. on situated. They are quasi-
the Ins. Code of the Phil., municipal corporations
1999 Ed., p. 109]. 3. Any endowed with such powers
willful misconduct on the provided in the law for the
part of master or crew in performance of particular
pursuance of some unlawful government functions, to be
or fraudulent purpose exercised by and through
without the consent of the their respective barrio
owners, and to the prejudice governments in conformity
of the owner's interest. (Sec. with law. [Sec. 2, RA 2370].
171, US Ins. Law, quoted in Now called Barangay.
Vance, Handbook on Law of
Ins., 1961, p. 929.) Barrister. A litigation
specialist; a lawyer that
Barratry clause. Mar. Ins. A restricts his practice to the
clause which provides that court room. In England and
110
some other Commonwealth

jurisdictions, a legal Bases Conversion and
distinction is made between Development Authority
barristers and solicitors, the (BCDA). A body corporate
latter with exclusive created under Sec. 3 of RA
privileges of advising clients, 7227.
providing legal advice, and
the former with exclusive Basic education. The
privileges of appearing in a education intended to meet
court on behalf of a client. basic learning needs which
[Duhaime's Legal Dict., lays the foundation on which
2004]. subsequent learning can be
based. It encompasses early
Barter or exchange childhood, elementary and
contract. 1. A contract high school education as
whereby one of the parties well as alternative learning
binds himself to give one systems four out-of-school
thing in consideration of the youth and adult learners and
other's promise to give includes education for those
another thing. [Art. 1638, with special needs. [Sec. 4,
CC]. 2. A contract whereby RA 9155].
one person transfers the
ownership of non-fungible Basic necessities. The term
things to another with the includes: rice; corn; bread;
obligation on the part of the fresh, dried and canned fish
latter to give things of the and other marine products,
same kind, quantity, and fresh pork, beef and poultry
quality. [Art. 1954, CC]. meal; fresh eggs; fresh and
processed milk; fresh
Basel Convention. The vegetables; root crops;
international accord which coffee; sugar; cooking oil;
governs the trade or salt; laundry soap;
movement of hazardous and detergents; firewood;
toxic waste across borders. charcoal; candles; and drugs
[Sec. 4, RA 8479]. classified as essential by the
DOH. [Sec. 3 (1), RA 7581].
Baseline. The line from which
territorial seas and other Basic needs approach to
maritime zones are development. The
measured. [Intl. Law Dict. & identification, production
Direct., 2004]. and marketing of wage
goods and services for
Base metals. All metallic consumption of rural
minerals except noble communities. [Sec. 4, RA
metals. [Sec. 2, RA 4095]. 8435].
111
and athletic fee, laboratory

Basic salary. A rate of pay fee, entrance fee, ROTC fee,
for a standard work period student council fee,
exclusive of such additional graduation fee and similar
payments as bonuses and fees. [Sec. 30, PD 69].
overtime. [Boie-Takeda
Chemicals, Inc. v. De La Basic unit. A well-defined
Serna, GR 92174. Dec. 10, unit which by convention is
1993]. regarded as dimensionally
independent. [Sec. 4, BP 8].
Basic sectors. The
disadvantaged sectors of Basic wage. 1. All regular
Philippine society, namely: remuneration or earnings
farmer-peasant, artisanal paid by an employer for
fisher folk, workers in the services rendered on normal
formal sector and migrant working days and hours but
workers, workers in the does not include cost-of-
informal sector, indigenous living allowances. profit-
peoples and cultural sharing payments. Premium
communities, women, payments, 13th month pay,
differently-abled persons, and other monetary benefits
senior citizens, victims of which are not considered as
calamities and disasters, part of or integrated into the
youth and students, children, regular salary of the
and urban poor. [Sec. 3, RA employee on the date the
8425]. Order became effective.
[IRR, EO 178]. 2. All
Basic skills training. The remuneration or earnings
first stage of the learning paid by an employer to a
process of a vocational worker for services rendered
character for a given task, on normal working days and
job, occupation or group of hours but does not include
occupations, aimed at cost-of-living allowances,
developing the fundamental profit sharing payments,
attitude, knowledge, skill or premium payments, 13th
behavior pattern to specified month pay or other
standards. [Sec. 1, Rule 1, monetary benefits which are
Book 2, IRR of LC]. not considered as part of or
integrated into the regular
Basic tuition fees. Amounts salary of the workers. [Sec.
paid for the privilege to 1, Rule 7, Book 3, IRR of LC].
receive instruction in a high
school but does not include Basin. A naturally or
matriculation fee, and other artificially enclosed or nearly
miscellaneous fees as library enclosed body of water in
112
free communication with the relationships as a result of

sea. [Sec. 3, PD 857]. cumulative abuse. [Sec. 3,
RA 9262].
Basnig. Tag. A fishing boat.
[Jimenez v. Averia, GR L- Battery. 1. An act of inflicting
22759. Mar. 29, 1968]. physical harm upon the
woman or her child resulting
Bastard. An illegitimate child, to the physical and
born in a relationship psychological or emotional
between two persons that distress. [Sec. 3, RA 9262].
are not married (i.e. not in 2. A beating, or wrongful
wedlock) or who are not physical violence. The actual
married at the time of the threat to use force is an
child's birth. [Duhaime's assault; the use of it is a
Legal Dict., 2004]. battery, which usually
includes an assault.
Batas Pambansa (BP). [Glossary of Legal Terms
Statutes approved by the (Pro-Se), 2004].
Batasang Pambansa.
[Suarez, Stat. Con., (1993), Batuta. Tag. A nightstick
p. 42]. used by barangay tanods.
[People v. Balderama, GR
Batch. A quantity of any drug 89597-98. Sep. 17, 1993].
or device produced during a
given cycle of manufacture. Baul. Tag. Commonly known
[Sec. 6, EO 175, May 22, in local parlance as wooden
1987]. trunk. [People v. Sadang, GR
105378. June 27, 1994].
Batch number. A designation
printed on the label of a drug Bawang. Tag. A firecracker
or device that identifies the larger than a triangulo with
batch, and permits the 1/3 teaspoon of powder
production history of the packed in cardboard tied
batch including all stages of around with abaca strings
manufacture and control, to and wrapped in shape of
be traced and reviewed. garlic. [Sec. 2, RA 7183].
[Sec. 6, EO 175, May 22,
1987]. Bay. Intl. Law. A well-marked
indentation whose
Battered woman penetration is in such
syndrome. A scientifically proportion to the width of its
defined pattern of mouth as to contain land-
psychological and behavioral locked waters and constitute
symptoms found in women more than a curvature of the
living in battering
113
coast. [Cruz, Intl. Law attributes or a combination

Reviewer, 1996 Ed., p. 62]. of beauty and talent,
intelligence, charm, grace or
Bayanihan. See Palusong. other similar qualities. [LOI
1376].
Bayaw. Tag. 1. Brother-in-
law. [People v. Manalo, GR L- Beginning of personality.
42505. Dec. 26, 1984]. 2. Personality begins at
Sometimes loosely used to conception, such that the
refer to a (male) cousin-in- conceived child shall be
law. [People v. Songcuan, GR considered born for all
73070. Aug. 11, 1989]. purposes that are favorable
Compare with Bilas and to it, provided it be born
Hipag. later with the conditions
specified in Art. 41 of the
BCDA. See Bases Civil Code. For civil
Conversion and purposes, the foetus is
Development Authority. considered born if it is alive
at the time it is completely
Bearer. Nego. Inst. The delivered from the mother's
person in possession of a bill womb. However, if the
or note which is payable to foetus had an intra-uterine
bearer. [Sec. 191, NIL]. life of less than seven
months, it is not deemed
Bearer check. A check born if it dies within twenty-
payable to cask. [Moreno’s four hours after its complete
Law Dict., 2000 Ed., p. 48]. delivery from the maternal
womb. [Arts. 40 and 41, CC].
Bearer instrument. A check
payable to the order of cash, Behest loans. The loans
the payee of which does not extended by government
purport to be the name of financial institutions
any person. [Moreno’s Law allegedly upon orders of the
Dict., 2000 Ed., p. 48]. Marcos regime to its
favorites and cronies who
Beauty contest. Any obtained amounts
competition open to any unconscionably far in excess
male or female, which is of their loan values and
national in character or knowing fully well that they
scope, whether with or would never be repaid.
without international [From the 3rd preambulatory
affiliation, wherein the clause of Proc. 82, dated
winner or winners are Mar. 3, 1987].
chosen on the basis of
beauty or other physical
114
Beinte nueve. (A local) fan Compare with Military

knife. [People v. Alcantara, occupation.
GR 91283. Jan. 17, 1995].
Also Veinte nueve. Bells palsy. An acute lower
Motor Neuron Palsy of the
Belligerency. Intl. Law. It facial nerve, characterized
exists when a sizeable by pain, weakness or
portion of the territory of a paralysis of the affected side
state is under the effective of the face. [Galanida v.
control of an insurgent ECC, GR L-70660. Sep. 24,
community which is seeking 1987].
to establish a separate
government and the Bellum justum. Lat. Just war.
insurgents are in de facto [Claridades, A., Compilation
control of a portion of the of Notes, 2001-2006].
territory and population,
have a political organization, Bench. The seat occupied by
are able to maintain such the judge. More broadly, the
control, and conduct court itself. [Glossary of
themselves according to the Legal Terms (Pro-Se), 2004].
laws of war. [Sandoval, Pol.
Law Reviewer 2003]. Bench warrant. An order
issued by a judge for the
Belligerent community. A arrest of a person. [Glossary
group of rebels under an of Legal Terms (Pro-Se),
organized civil government 2004].
who have taken up arms
against the legitimate Beneficial use. The use of
government. [Cruz, Intl. Law the environment or any
Reviewer, 1996 Ed., p. 17]. element or segment thereof
conducive to public or
Belligerent government. A private welfare, safety and
government engaged in a health; and shall include, but
war with insurgents. [Intl. not be limited to, the use of
Law Dict. & Direct., 2004]. water for domestic,
municipal, irrigation, power
Belligerent occupation. Intl. generation, fisheries,
Law. An incident of war livestock raising, industrial,
which occurs when the recreational and other
territory of one belligerent is purposes. [Sec 4, RA 9275].
placed under the authority
and control of the invading Beneficiaries. The
forces of the other dependent spouse until
belligerent. [Cruz, Intl. Law he/she remarries and
Reviewer, 1996 Ed., p. 139]. dependent children, who are
115
the primary beneficiaries. In

their absence, the Benefits-protection theory.
dependent parents and The theory that the
subject to the restrictions government is expected to
imposed on dependent respond in the form of
children and legitimate tangible and intangible
descendents who are the benefits intended to improve
secondary beneficiaries. the lives of the people and
Provided, that the enhance their moral and
dependent acknowledged material values. This
natural child shall be symbiotic relationship is the
considered as a primary rationale of taxation and
beneficiary when there are should dispel the erroneous
no other dependent children notion that it is an arbitrary
who are qualified and method of exaction by those
eligible for monthly income in the seat of power. [Comm.
benefit. [Art. 167, LC]. of Int. Rev. v. CA, GR L-
28896. Feb. 17, 1988].
Beneficiary or cestui que
trust. 1. The person for Bequeath. To give a gift to
whose benefit the trust has someone through a will.
been created. [Art. 1440, [Glossary of Legal Terms
CC]. 2. Someone named to (Pro-Se), 2004].
receive property or benefits
in a will. In a trust, a person Bequests. Gifts made in a
who is to receive benefits will. [Glossary of Legal
from the trust. [Glossary of Terms (Pro-Se), 2004]. See
Legal Terms (Pro-Se), 2004]. Legacy.
3. Ins. The person which is
designated in a contract of Berthing charge. The
life, health or accident amount assessed against a
insurance as the one who is vessel for mooring or
to receive the benefits which berthing at a pier, wharf,
become payable, according bulkhead-wharf, river or
to the terms of the contract, channel marginal wharf at
upon the death of the any port in the Philippines;
insured. [Tiopianco, or for mooring or making
Commentaries & Jurisp. on fast to a vessel so berthed;
the Ins. Code of the Phil., or for berthing or mooring
1999 Ed., p. 27, citing 44 within any slip, channel,
Am. Jur. 2nd 639]. basin river or canal under
the jurisdiction of any port of
Beneficio neto. Sp. Net the Philippines. The owner,
profit. [Moreno’s Law Dict., agent, operator or master of
2000 Ed., p. 49]. the vessel is liable for this
116
charge. [Sec. 2901, RA the growth and development

1937]. of the child. [AM 00-4-07-
SC].
Best evidence. The best
evidence available. Evidence Bestosexual. Legal Med. A
short of this is secondary, person whose sexual desire
that is, an original letter is is towards animals. It is
Best evidence, and a attained by having sex with
photocopy is Secondary an animal. [Olarte, Legal
evidence. [Glossary of Legal Med., 1st Ed. (2004), p. 113].
Terms (Pro-Se), 2004]. See
Primary evidence Betrayal of trust or
revelation of secrets by
Best evidence rule. 1. A rule an attorney or solicitor.
of evidence that there can Crim. Law. The felony
be no evidence of a writing, committed by any attorney-
the contents of which are at-law or solicitor
the subject of inquiry, other (procurador judicial) who, by
than the original writing any malicious breach of
itself except, among others, professional duty or of
when the original has been inexcusable negligence or
lost, destroyed, or cannot be ignorance, shall prejudice his
produced in court. [Sec. 3, client, or reveal any of the
Rule 130, RoC]. 2. A rule secrets of the latter learned
providing that no evidence by him in his professional
shall be received which is capacity, or who, having
merely substitutionary in its undertaken the defense of a
nature so long as the original client or having received
evidence can be had. confidential information from
[Arroyo v. HRET, GR 118597. said client in a case, shall
July 14, 1995]. undertake the defense of the
opposing party in the same
Best interest of the child. case, without the consent of
The totality of the his first client. [Art. 209,
circumstances and RPC].
conditions as are most
congenial to the survival, Bet taker of promoter. A
protection and feelings of person who calls and takes
security of the child and care of bets from owners of
most encouraging to his both gamecocks and those
physical, psychological and of other bettors before he
emotional development. It orders commencement of
also means the least the cockfight and thereafter
detrimental available distributes won bets to the
alternative for safeguarding winners after deducting a
117
certain commission. [Sec. 4,

PD 449]. Beverage. A liquor or liquid
for drinking. [Cagayan Valley
Betterment. See Mejora. Ent., Inc. v. CA, GR 78413.
Nov. 8, 1989, citing
Betting. Betting money or Burnstein v. US, CC. A. Cal.,
any object or article of value 55 F2d 599, 603; Black's Law
or representative of value Dict., 4th Ed., 204].
upon the result of any game,
races and other sports Beyond economical repair.
contest. [Sec. 1, PD 483]. The condition of the supplies
when the cost of repairing
Betting in sports contests. becomes prohibitive and
Crim. Law. The felony disadvantageous to the
committed by any person government or when the
who shall bet money or any cost to repair an item is over
object or article of value or sixty per cent (60%) of the
representative of value upon acquisition cost. [IRR on
the result of any boxing or Supply & Prop. Mgt., per Sec.
other sports contests. [Art. 383, LGC].
197, RPC].
Beyond reasonable doubt.
Bettor. 1. Mananaya, Tayador The standard in a criminal
or variants thereof. Any case requiring that the court
person who places bets for be satisfied to a moral
himself/herself or in behalf of certainty that every element
another person, or any of a crime has been proven
person, other than the by the prosecution. This
personnel or staff of any standard of proof does not
illegal numbers game require that the state
operation. [Sec. 2, RA 9287]. establish absolute certainty
by eliminating all doubt, but
Bettor. A person who it does require that the
participates in cockfights evidence be so conclusive
and with the use of money that all reasonable doubts
or other things of value, bets are removed from the mind
with other bettors or through of the ordinary person.
the bet taker or promoter [Glossary of Legal Terms
and wins or loses his bet (Pro-Se), 2004].
depending upon the result of
the cockfight as announced Bicameral conference
by the referee or committee. See
sentenciador. He may be the Conference committee.
owner of fighting cock. [Sec.
4, PD 449].
118
Bid. Signed offer or proposal Bienes futuros. Sp. Future

submitted by a supplier, property. [Blas v. Santos, GR
manufacturer, distributor, L-14070. Mar. 29, 1961].
contractor or consultant in
response to the bidding Bigamy. 1. The contracting of
documents. [Sec. 5, RA a second or subsequent
9184]. marriage before the former
marriage has been legally
Bid bond. Also Proposal dissolved, or before the
bond. An indispensable absent spouse has been
requirement for the alleged declared
validation of a bid proposal. presumptively dead by
The bond insures good faith means of a judgment
of the bidders and binds rendered in the proper
them to enter into a contract proceeding. [Art. 349, RPC].
with the Government should 2. An illegal marriage
their proposal be accepted. committed by contracting a
[Padilla v. Zaldivar, L-22789, second or subsequent
Oct. 30, 1964, 12 SCRA 260]. marriage before the first
marriage has been legally
Bidder's bond. A bond in dissolved, or before the
cash, certified or cashier's absent spouse has been
check or surety required of declared presumptively dead
bidders before they can by means of a judgment
participate in any rendered in the proper
competitive bidding, to proceedings. Bigamy carries
guarantee in good faith the with it the imposable penalty
submission of their tenders of prision mayor. Being
and acceptance of all the punishable by an afflictive
terms and conditions penalty, this crime
thereof. [IRR on Supply & prescribes in fifteen (15)
Prop. Mgt., per Sec. 383, years. The fifteen-year
LGC]. prescriptive period
commences to run from the
Bidding documents. day on which the crime is
Documents issued by the discovered by the offended
procuring entity as the basis party, the authorities, or
for bids, furnishing all their agents. [Sermonia v.
information necessary for a CA, GR 109454. June 14,
prospective bidder to 1994].
prepare a bid for the goods,
infrastructure projects, and Bilas. Tag. 1. The husband of
consulting services to be (one’s) wife's sister. [People
provided. [Sec. 5, RA 9184]. v. Ventura, GR L-32716. Dec.
1, 1977]. 2. Co-brother-in-
119
law. [People v. Malillos, GR L- other parts, the whole of the

26568. July 29, 1968]. parts constitutes one bill.
Compare with Bayaw and [Claridades, A., Compilation
Hipag. of Notes, 2001-2006].
Bilateral contract. See Bill of attainder. A

Synallagmatic contract. legislative act which inflicts
punishment without trial.
Bilateral treaty. Formal [People v. Ferrer, L-32613-
binding agreement between 14, Dec. 27, 1972, 48 SCRA
two states. [Intl. Law Dict. & 382, citing Cummings v. US,
Direct., 2004]. 4 Wall, 277 (1867)].
Bill. A proposed law filed in Bill of exchange. 1. An

Congress which becomes unconditional order in
law only after it is writing addressed by one
considered, passed upon and person to another, signed by
approved by Congress and the person giving it,
by the President of the requiring the person to
Philippines. [Claridades, A., whom it is addressed to pay
Compilation of Notes, 2001- on demand or at a fixed or
2006]. determinable future time a
sum certain in money to
Bill increasing public debt. order or to bearer. [Sec. 126,
A bill filed in Congress NIL]. 2. A negotiable
proposing to authorize the instrument by which the
government to borrow drawer requires of the
money, either by borrowing drawee to pay a designated
from external sources or by sum of money to the payee
offering bonds for public or subsequent holder.
subscriptions. [Claridades, [Torres, Oblig. & Cont., 2000
A., Compilation of Notes, Ed., p. 348]. Compare with
2001-2006]. Promissory note.
Bill in set. Nego. Inst. 1. A bill Bill of lading. 1. A written

composed of several parts, acknowledgment of the
each part is numbered and receipt of the goods and an
contains a reference to the agreement to transport and
other parts, all of which deliver them at a specified
parts constitute one bill. place to a person named or
[Diaz, Bus. Law Rev., 1991 on his order. [Suggested
Ed., p. 377]. 2. A bill drawn Answer for the 1998 Bar,
in a set, each part of the set UPLC, (2002), p. 42]. 2. Such
being numbered, and instrument may be called a
containing a reference to the shipping receipt, forwarder's
120
receipt and receipt for generally or not averred with

transportation. [Saludo v. sufficient definiteness or
CA, GR 95536. Mar. 23, particularly (as) to enable an
1992]. 3. A written (adverse party) properly to
agreement between the prepare his responsive
shipper of the goods and a pleading or to prepare for
common carrier. [Torres, trial. It is not its office to
Oblig. & Cont., 2000 Ed., p. supply evidentiary matters.
348]. [Fortune Corp. v. CA, GR
108119. Jan. 19, 1994].
Bill of local application. A
bill filed in Congress that is Bill of particulars. Rem.
local in character like the Law. Purposes: 1. To amplify
creation of a new town, city or limit a pleading, specify
or province. [Claridades, A., more minutely and
Compilation of Notes, 2001- particularly a claim or
2006]. defense set up and pleaded
in general terms, give
Bill of particulars. Rem. information, not contained in
Law. 1. A definite statement the pleading, to the opposite
which a party may move for party and the court as to the
before responding to a precise nature, character,
pleading concerning any scope, and extent of the
matter which is not averred cause of action or defense
with sufficient definiteness relied on by the pleader, and
or particularity to enable him apprise the opposite party of
properly to prepare his the case which he has to
responsive pleading. If the meet, to the end that the
pleading is a reply, the proof at the trial may be
motion must be filed within limited to the matters
ten (10) days from service specified, and in order that
thereof. Such motion shall surprise at, and needless
point out the defects preparation for, the trial may
complained of, the be avoided, and that the
paragraphs wherein they are opposite party may be aided
contained, and the details in framing his answering
desired. [Sec. 1, Rule 12, pleading and preparing for
RoC]. 2. A more definite trial. 2. To define, clarify,
statement, ordered by the particularize, and limit or
court on motion of a party, circumscribe the issues in
the office of (which) is the case, to expedite the
limited to making more trial, and assist the court.
particular or definite the [Virata v. Sandiganbayan,
ultimate facts in a pleading GR 106527. Apr. 6, 1993].
(that were) alleged too
121
Bill of rights. Const. Law. A Bingeing. Legal Med. The

formal and emphatic rapid and quick consumption
legislative assertion and of large amounts of food
declaration of popular rights while feeling a loss of
and liberties. That portion of control. [Olarte, Legal Med.,
the Constitution 1st Ed. (2004), p. 139].
guaranteeing the rights and
privileges to the individual. Bintol. Tag. Bamboo-and-net
[Black’s Law Dict., Abr. 5th device used to catch
Ed. (1983), p. 86]. “talangka.” [People v.
Rejano, GR 105669-70. Oct.
Binder. See Binding slip. 18, 1994].
Binding receipt. Ins. 1. A Bio-conversion to fuels.

mere acknowledgment on The various processes,
behalf of the company that natural or synthetic, by
its branch office had which a solid, liquid or
received from the applicant gaseous fuel is produced by
the insurance premium and utilizing bio-mass feedstock,
had accepted the application e.g. anaerobic fermentation
subject to processing by the of animal manure to yield
head office. 2. In life bio-gas; combustion of
insurance a "binding slip" or firewood to yield heat, steam
"binding receipt" does not or power, fermentation of
insure of itself. [De Lim v. agricultural crops or by-
Sun Life Assurance Co. of products to yield substitute
Canada, 41 Phil. 264]. fuels such as alcohol. [Sec.
2, PD 1068].
Binding slip. Also Binder. A
document given to the Bio-gas. A fuel gas consisting
insured to bind the company of 50-70% methane and the
in case a loss occurs pending rest non-combustible gases
action upon the application produced by the anaerobic
and the actual issuance of a fermentation of organic
policy. Such a slip issued by waste. [Sec. 2, PD 1068].
the duly authorized agent of
an insurance company Biologic products. Viruses,
constitutes a temporary sera, toxins and analogous
contract of insurance under products used for the
which the company is liable prevention or cure of human
for any loss occurring during diseases. [Sec. 42, RA 5921].
the period covered by it.
[Moreno’s Law Dict., 2000 Bio-mass. Organic matter,
Ed., pp. 51-52]. whether living or not. This
would include, among
122
others, trees, algae, animal extortion, terrorism, and

and agricultural wastes and other crimes. [People v.
decaying plants in swamps. Aquino, GR L-23908. Oct. 29,
[Sec. 2, PD 1068]. 1966, citing Webster, New
Intl. Dict., 2nd Ed., p. 280].
Biomedicine. That discipline
of medical care advocating Blackmarketing of foreign
therapy with remedies that exchange. The crime
produce effects differing committed by any person
from those of the diseases who shall engage in the
treated. It is also called trading or purchase and sale
'allopathy,' 'western of foreign currency in
medicine,' 'regular violation of existing laws or
medicine,' 'conventional rules and regulations of the
medicine,' 'mainstream Central Bank. [Sec. 1, PD
medicine,' 'orthodox 1883]. See Salting of
medicine,' or 'cosmopolitan foreign exchange.
medicine.' [Sec. 4, RA 8423].
Blanket mortgage clause. A
Bioprospecting. The provision in a mortgage
research, collection and which broadens the security
utilization of biological and clause to cover all
genetic resources for indebtedness of the
purposes of applying the mortgagor to the mortgagee
knowledge derived there of past or future origin,
from solely for commercial existing indebtedness,
purposes. [Sec. 5, RA 9147]. advances to be made by the
mortgagee to the mortgagor,
Bird sanctuary. See Game and indebtedness of the
refuge. mortgagor to the mortgagee
created subsequent to the
Black Hand. A lawless secret execution of the contract.
society whose members [Moreno’s Law Dict., 2000
engage in extortion, Ed., p. 52].
terrorism, and other crimes.
[People v. Aquino, GR L- Blank indorsement. See
23908. Oct. 29, 1966, citing Indorsement in blank.
Webster, New Intl. Dict., 2nd
Ed., p. 280]. Blasting agent. Any material
or mixture consisting of a
Blackhander. A person fuel and oxidizer used to set
belonging to or associated off explosives. [Sec. 3, PD
with Black Hand, a lawless 1185].
secret society whose
members engage in
123
Blighted lands. The areas 23908. Oct. 29, 1966, citing

where the structures are Webster Intl. Dict., p. 290].
dilapidated, obsolete and
unsanitary, tending to Blood bank or center. A
depreciate the value of the laboratory or institution with
land and prevent normal the capability to recruit and
development and use of the screen blood donors, collect,
area. [Sec. 3, RA 7279]. process, store, transport and
issue blood for transfusion
Block. A parcel of land and provide information
bounded on the sides by and/or education on blood
streets or alleys or pathways transfusion transmissible
or other natural or manmade diseases. [Sec. 3, RA 7719].
features, and occupied by or
intended for buildings. [Sec. Blood collection unit. An
3, BP 220]. institution or facility duly
authorized by the DOH to
Block. Also Meridional recruit and screen donors
block. An area bounded by and collect blood. [Sec. 3, RA
one-half (1/2) minute of 7719].
latitude and one-half (1/2)
minute of longitude, Blood grouping test. The
containing approximately analysis of blood samples of
eighty-one hectares (81 the mother, the child, and
has.). [Sec. 3, RA 7942]. the alleged father, (by
which) it can be established
Blockade. Intl. Law. A hostile conclusively that the man is
operation by which the not the father of the child.
vessels and aircraft of one But (such test) cannot show
belligerent prevent all other that a man is the father of a
vessels, including those of particular child, but at least
neutral states, from entering can show only a possibility
or leaving the ports or coasts that he is. [Jao v. CA, GR L-
of the other belligerent, the 49162. July 28, 1987].
purpose being to shut off the
place from international Blood or blood product.
commerce and Human blood, processed or
communication with other unprocessed and includes
states. [Cruz, Intl. Law blood components, its
Reviewer, 1996 Ed., p. 155]. products and derivative.
[Sec. 3, RA 7719].
Blockhead. A person
deficient in understanding. Blood transfusion
[People v. Aquino, GR L- transmissible diseases.
Diseases which may be
124
transmitted as a result of such corporations, the

blood transfusion, including directors or trustees of which
AIDS, Hepatitis-B, Malaria are elected from among the
and Syphilis. [Sec. 3, RA holders of stocks, or where
7719]. there is no stock, from
among the members of the
Blue seal. A blue band used corporation, and are to hold
to seal a package of foreign- office for one (1) year until
made, untaxed cigarettes. their successors are elected
[Moreno’s Law Dict., 2000 and qualified. [Claridades,
Ed., p. 53]. A., Compilation of Notes,
2001-2006].
Blue Sunday Law. RA 946
entitled “An Act to prohibit Board of election
labor on Sunday, Christmas inspectors. A Board in
day, New Year's day, Holy every precinct composed of
Thursday and Good Friday” three (3) regular members
enacted on June 20, 1953. who shall conduct the
[Expressly repealed by the voting, counting and
Labor Code]. recording of votes in the
polling place. [Sec. 2, RA
Boarding house. 1. A 8436].
building where selected
persons for fixed periods of Board of Investments
time are supplied with, and (BOI). The agency created
charged for sleeping by RA 5186, known as the
accommodations and meals. Investment Incentives Act.
[Sec. 63, PD 856]. 2. Any [Sec. 3, RA 6135].
house where boarders are
accepted for compensation Body. 1. Rem. Law. The part
by the week or by the of a pleading that sets forth
month, and where meals are its designation, the
served to boarders only. allegations of the party's
[Sec. 1, PD 426]. Compare claims or defenses, the relief
with Lodging house. prayed for, and the date of
the pleading. [Sec. 2, Rule 7,
Board of directors or RoC]. 2. Stat. Con. It
trustees. The body politic contains the subject matter
and corporate which of the statute. [Suarez, Stat.
exercises the corporate Con., (1993), p. 46].
powers of all corporations
formed under the Body-building. A job
Corporation Code, conducts undertaken on a motor
all business, and controls vehicle in order to replace its
and holds all property of
125
entire body with a new body. Bona fide occupant. One

[Sec. 2, RA 6539]. who supposes he has a good
title and knows of no
Bolo. A long, heavy Philippine adverse claim; one who not
single-edged knife. only honestly supposes
[Moreno’s Law Dict., 2000 himself to be vested with
Ed., p. 53]. true title but is ignorant that
the title is contested by any
Bona fide. Lat. In good faith other person claiming a
or with good faith; without superior right to it.
fraud or deceit; genuine. [Bernardo v. Bernardo, GR L-
[Tetley, Glossary of Conflict 5872. Nov. 29, 1954].
of Laws, 2004].
Bona fide purchaser for
Bona fide bidder. A value. As used in sales or
registered merchant licensed ordinary contracts, any
as manufacturer, producer, person who acquires
regular dealer or service property or negotiable
establishment with reputable instruments in good faith
establishment for at least and for valuable
three (3) months prior to the consideration. [Torres, Oblig.
public bidding he intends to & Cont., 2000 Ed., p. 348].
participate in. [IRR on Supply
& Prop. Mgt., per Sec. 383, Bond. 1. A written obligation
LGC]. or undertaking that is
sufficiently secured.
Bona fide intention to [Evangelista v. CA, GR
cultivate. In Sec. 50 (a) of 41229. Jan. 13, 1992]. 2. A
RA 1199, as amended, (the written agreement by which
term) has reference not only a person insures he will pay
to the liability and firm a certain sum of money if he
decision of the landowner to does not perform certain
mechanize but also to the duties property. [Glossary of
motive behind his action in Legal Terms (Pro-Se), 2004].
seeking the dispossession of
his tenants. The "bona fide" Bonded warehouse. A
requirement necessarily facility at a port of entry
authorizes judicial inquiry where shippers can store
into the landowner's motives goods until they clear
in deciding to mechanize his customs. [Intl. Law Dict. &
operations. [De Santos v. Direct., 2004].
Acosta, GR L-17564. Jan. 31,
1962]. Bonds. Certificates of debt
issued by a company (or
government) guaranteeing
126
payment of an original Bonus pater familias. Lat.

investment plus interest at a Good father of the family.
specified future date. [Intl. [Claridades, A., Compilation
Law Dict. & Direct., 2004]. of Notes, 2001-2006].
Bondsman. A surety offered Bonus shares. Corp. Law.

in virtue of a provision of law Those issued gratuitously.
or of a judicial order who They are Watered shares.
shall have the qualifications [Diaz, Bus. Law Rev., 1991
prescribed in Art. 2056 of Ed., p. 250].
the Civil Code and in special
laws. [Art. 2082, CC]. Bookie. A person, who
without any license therefor,
Bonus. An amount granted operates outside the
and paid to an employee for compounds of racing clubs
his industry and loyalty and accepts bets from the
which contributed to the public. They pay dividends to
success of the employer's winners minus a
business and made possible commission, which is usually
the realization of profits. It is 10%. [Lim v. Pacquing, GR
something given in addition 115044. Jan. 27, 1995].
to what is ordinarily received
by or strictly due to the Booking sheet. A record of
recipient. [Traders Royal arrest and a statement on
Bank v. NLRC, 189 SCRA 274 how the arrest is made. It is
(1990) and Luzon simply a police report, and it
Stevedoring v. CIR, 15 SCRA has no probative value as an
660 (1965)]. extrajudicial statement of
the person being detained.
Bonus judex secundum The signing by the accused
aequum at bonum judicat of the booking sheet and
stricto juri praefert. Lat. A arrest report is not a part of
good decides according to the custodial investigation
justice ands right and which would otherwise
prefers equity to strict law. require the presence of
[Pangan v. CA, GR L-39299. counsel to ensure the
Oct. 18, 1988]. protection of the accused's
constitutional rights. [People
Bonus judex secundum v. Manzano, GR 86555. Nov.
sequum. Lat. Deciding 16, 1993].
according to justice rather
than rigid law. [Moreno’s Booking. The process of
Law Dict., 2000 Ed., p. 54]. photographing,
fingerprinting, and recording
identifying data of a suspect.
127
This process follows the Born out of wedlock. Born

arrest. [Glossary of Legal of parents who were not
Terms (Pro-Se), 2004]. married at the time of birth.
Bookkeeping. The art or 2004].
practice of keeping a
systematic record of Borrowing power of the
business transactions, so as President. The power of the
to show their relations to President to contract or
each other, and the state of guarantee foreign loans on
the business in which they behalf of the Republic of the
occur. [Martin, Philippines, with the prior
Commentaries and Jurisp. on concurrence of the Monetary
Comml. Laws, Vol. 1, 1988 Board, and subject to such
Rev. Ed., p. 32]. limitations as may be
provided by law. [Sec. 20,
Book Publishing Industry Art. VII, 1987 Const.].
Development Act. RA 8047
entitled “An Act providing for Borrowing statute. Conf. of
the development of the book Laws. 1. A statute (which)
publishing industry through has the practical effect of
the formulation and treating the foreign statute
implementation of a national of limitation as one of
book policy and a national substance. [Agpalo, Conflict
book development plan” of Laws, p. 6, citing
enacted on June 7, 1995. Goodrich, Conflict of Laws
152-153 (1938)]. 2. A
Bore. Any well, hole, pipe, or (statute which) directs the
excavation of any kind which state of the forum to apply
is bored, drilled, sunk or the foreign statute of
made in the ground for the limitations to the pending
purpose of investigating, claims based on a foreign
prospecting, obtaining, or law. [Ibid., Siegel, Conflicts
producing geothermal 183 (1975)].
energy, natural gas and
methane gas, or which taps Bottle-feeding. The method
or is likely to tap geothermal of feeding an infant using a
energy, natural gas and bottle with artificial nipples,
methane gas and includes the contents of which can be
any hole in the ground which any type of fluid. [Sec. 3, RA
taps geothermal energy, 7600].
natural gas and methane
gas. [Sec. 2, RA 5092]. Bottomry loan. A contract in
the nature of a mortgage, by
which the owner of a ship
128
borrows money for the use, issuance of any check of

equipment or repair of the apply to account or for
vessel, and for a definite value; (b) the knowledge of
term and pledges the ship as the maker, drawer or issuer
a security of its repayment, that at the time of issue he
with maritime or does not have sufficient
extraordinary interest on funds in or credit with the
account of the maritime risks drawee bank for the
to be borne by the lender, it payment of such check in
being stipulated that if the full upon its presentment;
ship be lost in the course of and (c) subsequent dishonor
the specific voyage, or of the check by the drawee
during the limited time by bank for insufficiency of
any of the perils enumerated funds or credit or dishonor
in the contract, the lender for the same reason had not
shall also lose his money. the drawer, without any
[Tiopianco, Commentaries valid cause, ordered the
and Jurisp. on the Ins. Code bank to stop payment.
of the Phil., 1999 Ed., p. 103, [People v. Laggui, 171 SCRA
citing Black’s Law Dict.]. 305].
Boulwareism. Labor. A “take- Boundary rivers. Intl. Law.

it-or-leave-it” bargaining Rivers which divide the
attitude of the management territories of states, like the
introduced by L. R. Boulware St. Lawrence River between
of Gen. Electric Co. (US). the United States and
This type of bargaining is Canada. [Cruz, Intl. Law
expressly prohibited under Reviewer, 1996 Ed., p. 61].
the law for the parties are
required to bargain Boundary system. 1. The
collectively and in good prevalent, persistent and
faith. [Poquiz, Labor Rel. accepted mode or
Law, 1999 Ed. p. 179]. contractual relationship
between operators and
Bouncing Check Law. BP 22 drivers of public utilities
entitled “An Act penalizing providing land transportation
the making or drawing and services, particularly mini-
issuance of a check without buses, jeepneys and taxis.
sufficient funds or credit and [“Whereas” clause, LOI 853].
for other purposes” enacted 2. An employer-employee
on Apr. 3, 1979. relationship existing
between a jeepney-owner
Bouncing Check Law and a driver (under which)
violation Elements: (a) The the driver does not receive a
making, drawing and fixed wage but gets only the
129
excess of the amount of competitors. [Sec. 3, RA

fares collected by him over 6675].
the amount he pays to the
jeep-owner, and the gasoline Braza. Sp. 1. About two (2)
consumed by the jeeps is for yards. [US v. Ramos, GR
the account of the driver. 10832. Dec. 11, 1916]. 2.
[Magboo v. Bernardo, GR L- Equal to 1.6718 meters.
16790. Apr. 30, 1963]. [People v. Panaligan, GR L-
17603. Mar., 1922].
Boycott. Any activity on the
part of a labor organization Breach. The breaking or
whereby it is sought through violating of a law, right, or
concerted action, other than duty, either by commission
by reason of lawful or omission. The failure of
competition, to obtain one part to carry out any
withdrawal of public condition of a contract.
patronage from one in [Glossary of Legal Terms
business. [Burke v. Adams (Pro-Se), 2004].
Dairy, 352 US 969].
Breach of contract. 1. The
Branch. Unit or part of a failure to do what one
company. It is not separately promised to do under a
incorporated. [Intl. Law Dict. contract. Proving a breach of
& Direct., 2004]. contract is a prerequisite of
any suit for damages based
Branch and subdivision of on the contract. [Duhaime's
the government. Admin. Legal Dict., 2004]. 2. An
Law. Under Art IX (B) of the unjustified failure to perform
1987 Const. And Sec. 2 of when performance is due.
the Rev. Admin. Code, the [Glossary of Legal Terms
corporate entity through (Pro-Se), 2004].
which the functions of the
government are exercised, Breach of promise to
whether pertaining to the marry. Generally, a breach
central government or to the of promise to marry per se is
provincial or municipal not actionable, except where
branches or other forms of the plaintiff has actually
local government. [Moreno’s incurred expenses for the
Law Dict., 2000 Ed., p. 54]. wedding and the necessary
incidents thereof. The award
Brand name. The proprietary of moral damages is allowed
name given by the in cases specified in or
manufacturer to distinguish analogous to those provided
its product from those of in Art. 2219 of the Civil Code
and under Art. 21 of said
130
Code, in relation to par. 10 assist the court in arriving at

of said Art. 2219. [Buñag v. a just and proper conclusion.
CA, GR 101749. July 10, The brief should be so
1992]. prepared as to minimize the
labor of the court in
Breach of trust. Any act or examination of the record
omission on the part of the upon which the appeal is
trustee which is inconsistent heard and determined. It is,
with the terms of the trust certainly, the vehicle of
agreement or the law of counsel to convey to the
trusts. [Duhaime's Legal court the essential facts of
Dict., 2004]. his client's case, a statement
of the questions of law
Breastfeeding. The method involved, the law he should
of feeding an infant directly have applied, and the
from the human breast. application he desires made
[Sec. 3, RA 7600]. of it by the court. [Casilan v.
Chavez, GR L-17334. Feb.
Breastmilk. The human milk 28, 1962, citing Comments
from a mother. [Sec. 3, RA on the Rules of Court, Vol. 1,
7600]. 1957 Ed., p. 711]. 2. A
written argument by counsel
Breastmilk substitute. Any arguing a case, which
food being marketed or contains a summary of the
otherwise represented as a facts of the case, pertinent
partial or total replacement laws, and an argument of
for breastmilk, whether or how the law applies to the
not suitable for that purpose. fact situation. Also called a
[Sec.4, EO 51, Oct. 20, Memorandum of law.
1986]. [Glossary of Legal Terms
(Pro-Se), 2004].
Brevi manu, traditio. See
Traditio brevi manu. Brief substitution. The
substitution of two or more
Brief. 1. The word is derived persons for one heir. [Art.
from the Latin word brevis, 860, CC].
and the French brief, and
literally means a short or Brigandage. Essential
condensed statement. The elements: (a) that there are
purpose of the brief is to at least four persons in the
present to the court in gang; (b) that each and
concise form the point and everyone of them is armed;
questions in controversy, and (c) that the purpose for
and by fair argument on the which the offenders have
facts and law of the case, to grouped together is to
131
commit robbery in the and selling securities for the

highway or to kidnap account of others. [Sec. 3,
persons for extortion or RA 8799]. 2. One who is
ransom or for any other engaged, for others, on a
purpose to be attained by commission, negotiating
force or violence. [Moreno’s contracts relative to
Law Dict., 2000 Ed., p. 55]. property with the custody of
See Highway robbery. which he has no concern;
the negotiator between
Brigands. Also Highway other parties, never acting in
robbers. More than three his own name, but in the
armed persons who form a name of those who
band of robbers for the employed him; he is strictly
purpose of committing a middleman and for some
robbery in the highway, or purposes the agent of both
kidnapping persons for the parties. [Kuenzle & Streiff v.
purpose of extortion or to Comm. of Int. Rev., GR L-
obtain ransom or for any 17648, Oct. 31, 1964].
other purpose to be attained
by means of force and Bronchogenic carcinoma. 1.
violence. [Art. 306, RPC]. Cancer of the lungs.
[Jimenez v. ECC, GR L-
Broadcasting. The 58176. Mar. 23, 1984]. 2.
transmission by wireless The commonest primary
means for the public malignant tumor of the lung
reception of sounds or of and it is rapidly fatal if
images or of representations untreated. It is
thereof; such transmission predominantly a disease of
by satellite is also the male sex, about 90% of
Broadcasting where the all tumors occurring in men.
means for decrypting are In this sex, it is the
provided to the public by the commonest cause of death
broadcasting organization or from cancer. [Latagan v.
with its consent. [Sec. 202, ECC. GR 55741. Sep. 11,
RA 8293]. 1992].
Broadcasting organization. Browser. Computer software

A natural person or a program for accessing and
juridical entity duly viewing the World Wide
authorized to engage in Web. [Intl. Law Dict. &
broadcasting. [Sec. 202, RA Direct., 2004].
8293].
Bruha. Tag. A vernacular
Broker. 1. A person engaged word meaning witch.
in the business of buying
132
[Moreno’s Law Dict., 2000 bill, a budget of

Ed., p. 56]. expenditures and sources of
financing, including receipts
Buang. Vis. 1. Foolish or from existing and proposed
stupid. [Montecillo v. Gica, revenue measures. [Sec. 22,
GR L-36800. Oct. 21, 1974]. Art. VII, 1987 Const.].
2. Insane. [People v. Havana.
GR 68033. July 31, 1991]. Budget document. The
instruments used by the
Buangon. Vis. Mentally budget-making authority to
defective. [People v. Canillo, present a comprehensive
GR 106579. Aug. 30, 1994]. financial program to the
appropriating body. [Sec. 14,
Budget. A financial plan PD 477].
required to be prepared
pursuant to Sec. 16 (1) , Art. Budget execution. Tasked
VIII of the Constitution, on the Executive, the third
reflective of national phase of the budget process
objectives, strategies and (which) covers the various
programs. [Sec. 2, Chap. 1, operational aspects of
Book VI, EO 292]. budgeting. The
establishment of obligation
Budget accountability. The authority ceilings, the
fourth phase (in the evaluation of work and
government budgeting financial plans for individual
process which) refers to the activities, the continuing
evaluation of actual review of government fiscal
performance and initially position, the regulation of
approved work targets, funds releases, the
obligations incurred, implementation of cash
personnel hired and work payment schedules, and
accomplished are compared other related activities
with the targets set at the comprise this phase of the
time the agency budgets budget cycle. [Guingona, Jr.
were approved. [Guingona, v. Carague, GR 94571. Apr.
Jr. v. Carague, GR 94571. 22, 1991].
Apr. 22, 1991].
Budgeting process. Steps:
Budgetary power of the The government budgeting
President. The power of the process consists of four
President to submit to the major phases: (a) budget
Congress within thirty days preparation; (b) legislative
from the opening of the authorization; (c) budget
regular session, as the basis execution; and (d) budget
of the general appropriations accountability. [Guingona, Jr.
133
v. Carague, GR 94571. Apr. RA 7586 that need special

22, 1991]. development control in order
to avoid or minimize harm to
Budget preparation. The the protected area. [Sec. 4,
first step (in the government RA 7586].
budgeting process which) is
essentially tasked upon the Build-and-transfer. A
Executive Branch and covers contractual arrangement
the estimation of whereby the project
government revenues, the proponent undertakes the
determination of budgetary financing and construction of
priorities and activities a given infrastructure or
within the constraints development facility and
imposed by available after its completion turns it
revenues and by borrowing over to the government
limits, and the translation of agency or local government
desired priorities and unit concerned, which shall
activities into expenditure pay the proponent on an
levels. (It) starts with the agreed schedule its total
budget call issued by the investments expended on
Department of Budget and the project, plus a
Management. Each agency reasonable rate of return
is required to submit agency thereon. This arrangement
budget estimates in line with may be employed in the
the requirements consistent construction of any
with the general ceilings set infrastructure or
by the Development Budget development project,
Coordinating Council (DBCC). including critical facilities
[Guingona, Jr. v. Carague, which, for security or
GR 94571. Apr. 22, 1991]. strategic reasons, must be
operated directly by the
Buffer fund. A contingent Government. [Sec. 2, RA
fund in the budget of the 7718; Sec. 2, RA 6957].
implementing agency which
shall not be used in its Builder in bad faith. A
normal or regular operations builder who builds knowing
but only for purposes that the land does not
provided for in RA 7581. belong to him and he has no
[Sec. 3, RA 7581]. right to build thereon.
Buffer zones. Identified Ed., p. 57].
areas outside the boundaries
of and immediately adjacent Builder in good faith. One
to designated protected who is unaware of any flaw
areas pursuant to Sec. 8 of in his title to the land at the
134
time he builds on it. [Bishop Build-operate-and-

v. CA, GR 86787. May 8, transfer. A contractual
1992]. arrangement whereby the
project proponent
Building. A generic term for undertakes the construction,
all architectural work with including financing, of a
roof, built for the purpose of given infrastructure facility,
being used as a man’s and the operation and
dwelling, or for offices, clubs, maintenance thereof. The
theaters, etc. A warehouse is project proponent operates
not a building. [Tolentino, the facility over the fixed
Civil Code of the Phil., Vol. II, term during which it is
Repr. 2001, p. 107, citing allowed to charge facility
Phil. Sugar Estate Devt. V. users appropriate tools, fees,
Poizat, 48 Phil. 536]. rentals, and charges not
exceeding those proposed in
Build-lease-and-transfer. A its bid or as negotiated and
contractual arrangement incorporated in the contract
whereby a project proponent to enable the project
is authorized to finance and proponent to recover its
construct an infrastructure investment, and operating
or development facility and and maintenance expenses
upon its completion turns it in the project. The project
over to the government proponent transfers the
agency or local government facility to the government
unit concerned on a lease agency or local government
arrangement for a fixed unit concerned at the end of
period after which ownership the fixed term which shall
of the facility is not exceed fifty (50) years:
automatically transferred to Provided, That in case of an
the government agency or infrastructure or
local government unit development facility whose
concerned. [Sec. 2, RA operation requires a public
7718]. utility franchise, the
proponent must be Filipino
Build-Operate-And- or, if a corporation, must be
Transfer Law. RA 6957 duly registered with the SEC
entitled “An Act authorizing and owned up to at least
the financing, construction, sixty percent (60%) by
operation and maintenance Filipinos. [Sec. 2, RA 7718;
of infrastructure projects by Sec. 2, RA 6957].
the private sector, and for
the other purposes” enacted Build-own-and-operate. A
on July 9, 1990. contractual arrangement
whereby a project proponent
135
is authorized to finance, Bulkhead line. The limiting

construct, own, operate and line beyond which no
maintain an infrastructure or bulkheads or solid fill may be
development facility from extended. [Sec. 3, RA 4663].
which the proponent is
allowed to recover its total Bulk sale. Also Sale in bulk.
investment, operating and 1. A sale is considered to be
maintenance costs plus a in bulk: (a) when the sale,
reasonable return thereon transfer or disposition is
by collecting tolls, fees, other than in the ordinary
rentals or other charges course; (b) when the sale is
from facility users. [Sec. 2, of all or substantially all of
RA 7718]. the business; and (c) when
the sale is of all or
Build-transfer-and- substantially all of the
operate. A contractual fixtures and equipment.
arrangement whereby the [Suggested answer to Bar
public sector contracts out 1947; 1958, cited in
the building of an Miravite, Bar Review
infrastructure facility to a Materials in Comm. Law, 12th
private entity such that the Ed., (2002), p. 18]. 2. The
contractor builds the facility acquisition of all or a greater
on a turn-key basis, part of stock and fixtures of
assuming cost overrun, a business in a manner other
delay, and specified than in the ordinary course
performance risks. [Sec. 2, of its business. [Torres,
RA 7718]. Oblig. & Cont., 2000 Ed., p.
348].
Bulimia nervosa. A disorder
characterized by repeated Bulk Sales Law. Act 3952, as
episodes of binge eating amended by RA 111, which
followed by purging (self- regulates the sale, transfer,
induced vomiting or taking mortgage or assignment of
laxatives, diuretics, or both), goods, wares, merchandise,
rigorous dieting or excessive provisions or materials, in
exercising to counteract the bulk. [Miravite, Bar Review
effects of bingeing. [Olarte, Materials in Comm. Law, 12th
Legal Med., 1st Ed. (2004), p. Ed., (2002), p. 18].
139]. Compare with
Anorexia nervosa. Bum check. A worthless
check or a check that is
Bulkhead. Structure serving dishonored upon its
to divide land and water presentment for payment.
areas. [Sec. 4 (g), RA 7621]. [People v. Laggui, GR 76262-
63. Mar. 16, 1989].
136
Bureau. Any principal

Bumping-off. Refusal to subdivision or unit of any
carry or transport a department. This shall
passenger. [Lufthansa include any principal
German Airlines v. CA GR subdivision or unit of any
83612. Nov. 24, 1994]. instrumentality given or
assigned the rank of a
Bumubuwis. Tag. Lessee. bureau, regardless of actual
[Moreno’s Law Dict., 2000 name or designation, as in
Ed., p. 58]. the case of department-wide
regional offices. [Sec. 2,
Burden of evidence. Logical Admin. Code of 1987].
necessity on a party during a
particular time of the trial to Burglary. The act of illegal
create a prima facie case in entry with the intent to steal.
his favor or to destroy that [Glossary of Legal Terms
created against him by (Pro-Se), 2004].
presenting evidence.
[Claridades, A., Compilation Burial. Interment of remains
of Notes, 2001-2006]. in a grave, tomb or the sea.
[Sec. 89, PD 856].
Burden of proof. 1. A rule of
evidence that makes a Burial grounds. Cemetery,
person prove a certain thing memorial park of any place
or the contrary will be duly authorized by law for
assumed by the court. For permanent disposal of the
example, in criminal trials, dead. [Sec. 89, PD 856].
the prosecution has the
burden of proving the Burning one's own
accused guilt because property as means to
innocence is presumed. commit arson. Crim. Law.
[Duhaime's Legal Dict., The felony committed by any
2004]. 2. In the law of person guilty of arson or
evidence, the necessity or causing great destruction of
duty of affirmatively proving the property belonging to
a fact or facts in dispute on another, even though he
an issue raised between the shall have set fire to or
parties in a lawsuit. The destroyed his own property
responsibility of proving a for the purposes of
point (the burden of proof). It committing the crime. [Art.
deals with which side must 325, RPC].
establish a point or points.
[Glossary of Legal Terms Bus. A motor vehicle of any
(Pro-Se), 2004]. configuration with gross
vehicle weight of 4.0 tons or
137
more with any number of services turned out by the

wheels and axles, which is business concern. [Moreno’s
generally accepted and Law Dict., 2000 Ed., p. 59].
specially designed for mass See also Company
or public transportation. [RA goodwill and Goodwill.
9224].
Business income. The
Business. Trade or earnings or profits made by
commercial activity regularly companies. [Intl. Law Dict. &
engaged in as a means of Direct., 2004].
livelihood or with a view to
profit. [Sec. 131, RA 7160]. Business Name Law. Act
3883 entitled “An Act to
Business agent. Also regulate the use in business
Agente de negocios. All transactions of names other
persons who act as agent of than true names, prescribing
others in the transaction of the duties of the Director of
business with any public the Bureau of Commerce
officer, as well as those who and Industry in its
conduct collecting, enforcement, providing
advertising, employment, or penalties for violation
private detective agencies. thereof, and for other
[Sec. 1, PD 426]. purposes” enacted on Nov.
14, 1931.
Business enterprise.
Industrial, agricultural, or Business tax. A tax imposed
agro-industrial by the municipality on
establishments engaged in business, under Art. 143 of
the production RA 7160 or the Local Govt.
manufacturing, processing, Code of 1991. [Claridades,
repacking, or assembly of A., Compilation of Notes,
goods, including service- 2001-2006].
oriented enterprises, duly
certified as such by Butterfly. Butterfly-shaped
appropriate government pyrotechnic device designed
agencies. [Sec. 4, RA 6971]. to lift above ground while
providing light. [Sec. 2. A.
Business goodwill. The (10), RA 7183].
advantage acquired by any
product or services because Buwisan. Tag. Tract of land
of general encouragement (especially rice land) leased
and patronage of the public. under a cropsharer. [Magno-
This is generated when the Adamos v. Bagasao, GR L-
client-public regard 63671. June 28, 1988, citing
favorably the product or Panganiban Diksyunaryo
138
Tesauro Pilipino-Ingles, p.
207]. By-laws or bylaws. Corp.
Law. 1. The rules of action
Buy and purchase. Any adopted by a corporation for
contract to buy, purchase, or its internal government and
otherwise acquire for a for the regulation of conduct
valuable consideration a which prescribe the rights
subdivision lot, including the and duties of its
building and other stockholders or members
improvements, if any, in a towards itself and among
subdivision project or a themselves in reference to
condominium unit in a the management of its
condominium project. [Sec. affairs. [Claridades, A.,
2, PD 957]. Compilation of Notes, 2001-
2006]. 2. Rules or laws
Buy and sell. The transaction adopted by an association or
whereby one purchases used corporation to govern its
secondhand articles for the actions. [Glossary of Legal
purpose of resale to third Terms (Pro-Se), 2004].
persons. [IRR, Sec. 6, PD
1612]. By-product or derivatives.
Any part taken or substance
Buy-bust operation. 1. A extracted from wildlife, in
form of entrapment raw or in processed form.
employed by peace officers This includes stuffed animals
to catch a malefactor in and herbarium specimens.
flagrante delicto. 2. The [Sec. 5, RA 9147].
employment of such ways
and means for the purpose Bystander rule. Labor. The
of trapping or capturing a rule that a certification
law breaker. [People v. election is the sole concern
Yumang, GR 94977. May 17, of the workers and the
1993]. employer is regarded as
nothing more than a
Buyer. Anyone who bystander with no right to
purchases anything for interfere at all in the
money. [Tejada v. election. The only exception
Homestead Property Corp. here is where the employer
GR 79622. Sep. 29, 1989]. has to file a petition for
certification election
Buyer in good faith and for pursuant to Art. 258 of the
value. See Purchaser in Labor Code because it is
good faith and for value. requested to bargain
collectively. [Phil. Fruits and
By-bidding. See Puffing. Vegetable Ind., Inc. v.
139
Torres, GR 92391. July 3, other consideration whether

1992]. in the capacity of an agent
of the employer or as an
ostensible independent
contractor. [Sec. 1, Rule 1,
Book 5, IRR of LC]. 2. A
collector of bets from other
collectors relative to the
game of jueteng. [Moreno’s
Law Dict., 2000 Ed., p. 61].
3. Labor contractor. [Ibid.].
Cadastral proceeding. A
land registration proceeding
instituted by the government
which does not assert
ownership over the land but
merely provokes the issue
-C- for the settlement and
adjudication of power.
C & F. See Cost and freight. [Claridades, A., Compilation
of Notes, 2001-2006].
CA. Court of Appeals.
Cadastral survey. A
Cabalieriza. A stable; a horse numerical survey to which
shed. [Moreno’s Law Dict., the entire area of the
2000 Ed., p. 61]. municipality is subjected and
which results in the
Cabaret or dance hall. Any preparation of complete
place or establishment survey returns and technical
where dance is permitted to descriptions of individual lots
the public in consideration of necessary for registration
any admission, entrance, or purposes. [Dir. of Lands v.
any other fee paid on, before Sec. of ENR, GR 79684. Feb.
or after the dancing, and 19, 1991]. Compare with
where professional Mapping projects.
hostesses or dancers are
employed. [Sec. 1, PD 426]. Cadet. In maritime parlance,
a trainee working to gain a
Cabo. 1. A person or group or merchant marine license
persons or to a labor group (e.g., for third mate).
which, in the guise of a labor [Moreno’s Law Dict., 2000
organization, supplies Ed., p. 62].
workers to an employer, with
or without any monetary or
140
Cadet room. A plain room in limits himself to the

a ship to accommodate a remedies available under the
cadet or trainee working for laws of that state. [Cruz, Intl.
a merchant marine license, Law Reviewer, 1996 Ed., p.
furnished with simple 110].
facilities. [Moreno’s Law
Dict., 2000 Ed., p. 62]. Camino vecinal. Sp. A
municipal road (and) also
Caduciary rights. Conf. of property for public use. [Sps.
Laws. 1. The right of the Pilapil v. CA, GR 97619. Nov.
state to claim through 26, 1992.]
escheat proceedings the
properties of decedents who Camison. Sp. Underwear.
are not survived by any [People v. Gamao, GR L-
heirs. [Paras, Phil. Conflict of 19347. Feb. 27, 1968].
Laws, 8th Ed. (1996), p. 329].
2. The claims of the Camison de baño. Sp. A
sovereign or other public chemise. [Moreno’s Law
authority of a country in Dict., 2000 Ed., p. 62].
which the deceased’s
property is situated to that Campaign. A connected
property on failure of all series of operations to bring
persons entitled to claim about some desired result.
under the appropriate law. [Gonzales v. Comelec, GR L-
[Ibid., citing Graveson, 27833. Apr. 18, 1969].
Conflict of Laws, p. 324].
Cancellation. It includes the
Calendar. A list of cases act of tearing, erasing,
scheduled for hearing in obliterating, or burning. It is
court. [Glossary of Legal not limited to writing the
Terms (Pro-Se), 2004]. word “cancelled”, or “paid”,
or drawing of criss-cross
Calendar year. It shall cover lines across the instrument.
the period from January 1 to It may be made by any other
December 31. [Sec. 1, EO means by which the
206, June 30, 1987]. intention to cancel the
Compare with Fiscal year. instrument may be evident.
Calvo clause. Intl. Law. A of Notes, 2001-2006].
stipulation by virtue of which
an alien waives or restricts Cancellation proceeding.
his right to appeal to his own The process leading to the
state in connection with any revocation of the registration
claim arising from a contract certificate of a labor
with a foreign state and organization after due
141
process. [Sec. 1, Rule 1, and embraces every kind,

Book 5, IRR of LC]. class and character of
marijuana, whether dried or
Cancer. Derived from the fresh and flowering,
Latin word Cancer which flowering or fruiting tops, or
means Crab; in the medical any part or portion of the
sense, it refers to a plant and seeds thereof, and
malignant, usually fatal, all its geographic varieties,
tumor or growth. [Vda. De whether as a reefer, resin,
Laron v. WCC, GR L-43344. extract, tincture or in any
Sep. 29, 1976, citing form whatsoever. [Sec 3, RA
Schmidt's Atty.’s Dict. of 9165].
Med., 1965 Sup. 143].
Canon law. The law of the
Candela. The base unit of Christian Church. Has little
luminous intensity which is or no legal effect today.
the luminous intensity, in the Canon law refers to that
perpendicular direction, of a body of law which has been
surface of 1/600 000 square set by the Christian Church
metre of a blackbody at the and which, in virtually all
temperature of freezing places, is not binding upon
platinum under a pressure of citizens and has virtually no
101 325 newtons per square recognition in the judicial
metre. [Sec. 4, BP 8]. system. [Duhaime's Legal
Dict., 2004]. Also known as
Candidate. Pol. Law. A Ecclesiastical law.
person who actually submits
himself and is voted for at Canopy or marquee. A
our election. [Santos v. permanent roofed structure
Miranda, 35 Phil. 643, 648 above a door attached to
(1916) citing State v. Hirsch, and supported by the
125 Ind., 207; 9 L.R.A. 107; building and projecting over
Moreno, Phil. Law Dict., 1972 a wall or sidewalk. This
2nd Ed., p. 84) includes any object or
decoration attached thereto.
Cannabis. Commonly known [Sec. 1203, PD 1096].
as Marijuana or Indian
Hemp or by its any other Canvass, sealed. One
name. The term embraces wherein an offer is received
every kind, class, genus, or by the authorized official in a
specie of the plant Cannabis sealed envelope or the like.
sativa L. including, but not [IRR on Supply & Prop. Mgt.,
limited to, Cannabis per Sec. 383, LGC].
americana, hashish, bhang,
guaza, churrus and ganjab,
142
Capability building. The Capacity to sue, lack of. A

process of enhancing the plaintiff's general disability
viability and sustainability of to sue, such as on account of
micro finance institutions minority, insanity,
through activities that incompetence, lack of
include training in micro juridical personality or any
finance technologies, other general
upgrading of accounting and disqualifications of a party.
auditing systems, technical [Columbia Pictures v. CA, GR
assistance for the 110318. Aug. 28, 1996].
installation or improvement Compare with Personality
of management information to sue, lack of.
systems, monitoring of loans
and other related activities. Capataz. Sp. Supervisor of
[Sec. 3, RA 8425]. the hacienda. [Moreno’s Law
Dict., 2000 Ed., p. 62].
Capacity. 1. Under the law,
the ability of a person to Capias ad satisfaciendum.
take a recognized legal Lat. That you take to satisfy.
action. Also, it is the natural At common law, the writ
power or competency to through which money
perform an act, as capacity judgments arising from
to contract, etc. [Torres, actions for the recovery of a
Oblig. & Cont., 2000 Ed., p. debt or for damages from
348]. 2. A legal qualification breach of a contract could
(e.g., age) that determines if be enforced against the
one is capable, under the person or body of the
law, of entering into a legal debtor. By means of this
relationship, for instance, writ, a debtor could be
entering into a binding seized and imprisoned at the
contract. [Tetley, Glossary of instance of the creditor until
Conflict of Laws, 2004]. 3. he makes the satisfaction
Having legal authority or awarded. [Lozano v.
mental ability. Being of Martinez, GR L-63419. Dec.
sound mind. [Glossary of 18, 1986].
Capital. Corp. Law. 1. A fund
Capacity to act. The power of property existing at an
to do acts with legal effect. instant of time. [Madrigal v.
[Art. 37, CC]. Compare with Rafferty, 38 Phil. 414, Aug.
Juridical capacity. 7, 1918]. 2. It is used
broadly to indicate the entire
Capacity to sue. See Legal property or assets of the
capacity to sue. corporation. It includes the
amount invested by the
143
stockholders plus the long-term investments. [Intl.

undistributed earnings less Law Dict. & Direct., 2004].
losses and expenses. In the
strict sense, the term refers Capital investment. The
to that portion of the net capital which a person
assets paid by the employs in any undertaking,
stockholders as or which he contributes to
consideration for the shares the capital of a partnership,
issued to them which is corporation, or any other
utilized for the prosecution juridical entity or association
of the business of the in a particular taxing
corporation. [De Leon, Corp. jurisdiction. [Sec. 131, RA
Code of the Phil. Annotated, 7160].
1989 Ed., p. 54]. Compare
with Capital stock and Capitalist. See Financier.
Legal capital.
Capitalist partner. The
Capital assets. Property held partner who contributes
by the taxpayer (whether or money or property to the
not connected with his trade partnership. [Suarez, Intro.
or business), but does not to Law, 1995, 3rd Ed., p.
include stock in trade of the 120]. Compare with
taxpayer or other property of Industrial partner.
a kind which would properly
be included in the inventory Capitalization. 1. Paid-up
of the taxpayer if on hand at capital, in the case of a
the close of the taxable year, corporation, and total
or property held by the invested capital, in the case
taxpayer primarily for sale to of a partnership or single
customers in the ordinary proprietorship. [IRR, RA
course of his trade or 6727; Sec. 1, Rule 7, Book 3,
business, or property used in IRR of LC]. 2. That which
the trade or business, of a represents the total amount
character which is subject to of the various securities
the allowance for issued by a corporation. It
depreciation; or real may include bonds,
property used in trade or debentures, preferred and
business of the taxpayer. common stock and surplus.
[Sec. 39, NIRC, as amended]. [Luzon Polymers Corp. v.
Clave, GR L-51009. June 10,
Capital expenditures. See 1992, citing Black's Law
Capital outlays. Dict., 5th Ed., p. 190].
Capital gains. Increases in Capital offense. An offense

the value of capital or other which, under the law
144
existing at the time of its means, at the organization

commission, and at the time of the corporation or
of the application to be afterwards and upon which it
admitted to bail, may be is to conduct its business,
punished with death. [Sec. 4, such contributions being
Rule 114, RoC]. made either directly through
stock subscription or
Capital outlays. Also indirectly through the
Capital expenditures. 1. declaration of stock
An appropriation for the dividends. [De Leon, Corp.
purchase of goods and Code of the Phil. Annotated,
services, the benefits of 1989 Ed., p. 52]. Compare
which extend beyond the with Capital.
fiscal year and which add to
the assets of the Capitation. A payment
Government, including mechanism where a fixed
investments in the capital of rate, whether per person,
government-owned or family, household or group,
controlled corporations and is negotiated with a health
their subsidiaries. [Sec. 2, care provider who shall be
Chap. 1, Book VI, EO 292]. 2. responsible in delivering or
The purchase of goods and arranging for the delivery of
services of a life-expectancy health services required by
extending beyond the fiscal the covered person under
year and which add to the the conditions of a health
assets of the local care provider contract. [Sec.
government concerned, 1, RA 9241].
except furniture and normal
government operations. Capitation or poll taxes.
[Sec. 14, PD 477]. Taxes of a fixed amount
upon all persons, or upon all
Capital punishment. The the persons of a certain
most severe of all sentences: class, resident within a
that of death. [Duhaime's specified territory, without
Legal Dict., 2004]. Also regard to their property or
known as the Death penalty. the occupations in which
they may be engaged.
Capital stock. Corp. Law. The [Villanueva v. City of Iloilo,
amount fixed in the articles GR L-26521. Dec. 28, 1968,
of incorporation to be citing 51 Am. Jur. 66-67].
subscribed and paid in or
agreed to be paid in by the Capitulation. Intl. Law. The
shareholders of a surrender of military troops,
corporation in money, forts or districts in
property, services, or other accordance with the rules of
145
military honor. [Cruz, Intl. pericardial space that limits

Law Reviewer, 1996 Ed., p. the normal range of motion
144]. and function of the heart.
[People v. Tena, GR 100909.
Captain-of-the-ship Oct. 21, 1992, citing
doctrine. The doctrine Webster's 3rd New Intl. Dict.].
under which a surgeon is
likened to a captain of the Care. The proper use and
ship in that it is duty to maintenance of supplies or
control everything going on property; the act of giving
in the operating room. attention, interest and safety
[Ramos v. CA, GR 124354, to supplies or property. [IRR
Apr. 11, 2002]. on Supply & Prop. Mgt., per
Sec. 383, LGC].
Caption. 1. The part of a
pleading that sets forth the Cargo. 1. The entire lading of
name of the court, the title the ship which carries it and
of the action, and the docket includes all goods, wares,
number if assigned. [Sec. 1, merchandise, effects, and
Rule 7, RoC]. 2. Heading or indeed everything of every
introductory party of a kind or description, found on
pleading. [Glossary of Legal board, except such things as
Terms (Pro-Se), 2004]. are used or intended for use
in connection with the
Captive-breeding, culture management or direction of
or propagation. The the vessel, and are not
process of producing intended for delivery at any
individuals under controlled port of call, and except also,
conditions or with human perhaps, passengers or
interventions. [Sec. 5, RA immigrants and their
9147]. baggage. [US v. Steamship
Rubi, GR 9235. Nov. 17,
Captive market. Electricity 1915]. 2. All goods, wares,
end-users who do not have and merchandise aboard
the choice of a supplier of ship which do not form part
electricity, as may be of the ship's stores. [US v.
determined by the Energy Steamship Islas Filipinas (28
Regulatory Commission Phil. 291), citing Sec. 77 of
(ERC) in accordance with RA Act 355].
9136. [Sec. 4, RA 9136].
Cargo handling equipment.
Cardiac tamponade. Any machinery, gear or
Mechanical compression of equipment used by the ship
the heart by large amounts operator or a duly authorized
of fluid or blood within the and licensed port operator to
146
service or handle cargo, on woman; sexual intercourse.

board the vessel at the port [People v. Alib, GR 100232.
or in the terminal or May 24, 1993, citing Black's
container yard such as, but Law Dict., 5th Ed., 193].
not limited to cranes,
forklifts, top lifts, stackers, Carnapping. The taking, with
tractor heads, containers, intent to gain, of a motor
pallet boards and the like, vehicle belonging to another
including all spare parts, without the latter's consent,
replacement parts, or by means of violence
appurtenances accessories, against or intimidation of
articles, supplies and persons, or by using force
materials thereof. [Sec. 3, upon things. [Sec. 2, RA
RA 9295]. 6539].
Cargo sales agent. Any Carriage of Goods by Sea

person who does not directly Act (COGSA). US Public Act
operate an aircraft for the 521 which was made
purpose of engaging in air applicable to all contracts for
transportation or air the carriage of goods by sea
commerce and not a to and from Philippine ports
bonafide employee of an air in foreign trade by CA 65,
carrier, who, as principal or enacted on Oct. 22, 1936.
agent, sells or offers for sale [Sea-Land Service v. IAC, GR
any air transportation of 75118. Aug. 31, 1987].
cargo, or negotiates for, or
holds himself out by Carriage or transportation
solicitation, advertisement, contract. A contract
or otherwise as one who whereby a person, natural or
sells, provides, furnishes, juridical, obligates to
contracts or arranges for, transport persons, goods, or
such air transportation of both, from one place to
cargo. [Sec. 1, PD 1462]. another, by land, air or
water, for a price or
Carinderia. 1. Any public compensation. It is a
eating place where foods relationship which is imbued
already cooked are served at with public interest.
a price. [Sec. 1, PD 426]. 2. [Claridades, A., Compilation
A modest cafeteria. of Notes, 2001-2006].
[Dentech Mfg. Corp. v. NLRC,
GR 81477. Apr. 19, 1989]. Carrier. Any sort or craft or
other artificial contrivance
Carnal knowledge. The act used, capable of being used
of a man having sexual as means of transportation
bodily connections with a
147
in land, water or air. [Sec. 2, prices, restrict outputs or

PD 1433]. divide markets, either by
products or by areas, or
Carrying capacity. The allocate markets, either by
capacity of natural and products or by areas, in
human environments to restraint of trade or free
accommodate and absorb competition, including any
change without experiencing contractual stipulation which
conditions of instability and prescribes pricing levels and
attendant degradation. [Sec. profit margins. [Sec. 11, RA
3, RA 7942]. 8479].
Carrying on business. Cartel ship. Intl. Law. A

(Pursuing) the occupation or vessel sailing under a safe
employment as a livelihood conduct for the purpose of
or source of profit and it carrying prisoners of war.
must be a series of acts [Cruz, Intl. Law Reviewer,
rather than the doing of a 1996 Ed., p. 142].
single act pertaining to the
particular business. Case. The claims of a litigant
[Moreno’s Law Dict., 2000 brought before the court for
Ed., p. 63]. determination by such
regular proceedings as are
Cartel. Intl. Law. 1. An established by law or custom
agreement to regulate for the protection or
intercourse during war on enforcement of rights, or the
such matters as postal and prevention, redress or
telegraphic communication, punishment of wrongs.
the reception of flags of [Moreno’s Law Dict., 2000
truce, and the exchange of Ed., p. 63].
prisoners. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 142]. Case law. 1. The entire
2. A combination of collection of published legal
independent business firms decisions of the courts
organized to regulate the which, because of stare
production, pricing and decisis, contributes a large
marketing of goods by its part of the legal rules which
members. [Intl. Law Dict. & apply in modern society. The
Direct., 2004]. word jurisprudence has
become synonymous for
Cartelization. Any case law. [Duhaime's Legal
agreement, combination or Dict., 2004]. 2. Law
concerted action by refiners, established by previous
importers and/or dealers, or decisions of appellate courts,
their representatives, to fix particularly the Supreme
148
Court. [Glossary of Legal merchandise in cash when it

Terms (Pro-Se), 2004]. See is delivered to him. [Torres,
Stare decisis. Oblig. & Cont., 2000 Ed., p.
348].
Casero. Sp. Housekeeper. [US
v. Salaveria, GR 13678. Nov. Cash price. Also Delivered
12, 1918]. price. In case of trade
transaction, it is the amount
Cases. General term for an of money which would
action, cause, suit, or constitute full payment upon
controversy, at law or in delivery of the property
equity; questions contested (except money) or service
before a court of justice. purchased at the creditor's
[Glossary of Legal Terms place of business. In the
(Pro-Se), 2004]. case of financial
transactions, cash price
Cash. Money or its equivalent; represents the amount
usually ready money. received by the debtor upon
Currency and coins, consummation of the credit
negotiable checks, and transaction, net of finance
balances in bank accounts. charges collected at the time
That which circulates as the credit is extended, if
money. [Black’s Law Dict., any. [Art. 4, RA 7394].
Abr. 5th Ed. (1983), p. 112].
Cash sales invoice. An
Cash dividend. That portion invoice issued in the
of profits and surplus paid to ordinary course of business
stockholders by a transactions such as the
corporation in the form of purchase of goods from
cash. [Black’s Law Dict., Abr. stores. The original of the
5th Ed. (1983), p. 113]. invoice constitutes in itself a
Compare with Stock receipt which is in the
dividend. possession of the buyer if
the goods are paid for. If not
Cashier’s check. A check paid for, the original of the
drawn by the cashier of a invoice is retained by the
bank, in the name of the storeowner. [Moreno’s Law
bank against the bank itself Dict., 2000 Ed., p. 64].
payable to the order of a
third person. [Diaz, Bus. Law Cash-surrender value. The
Rev., 1991 Ed., p. 380]. amount of money the
company agrees to pay the
Cash on delivery (COD). A policyholder if he surrenders
transaction that requires the it and releases his claim
buyer to pay for the upon it. [Tiopianco,
149
Commentaries & Jurisp. on Succession, 1991 8th Ed., p.

the Ins. Code of the Phil., 223].
1999 Ed., p. 183].
Casual employees. Those
Casing head petroleum employed for a short term
spirit. Any liquid duration to perform work not
hydrocarbon obtained from related to the main line of
natural gas by separation or the business of the
by any chemical or physical employer. [DOLE Policy
process. [Sec. 3, PD 87]. Instructions No. 20, S.
1977)].
Caso fortuito. Also Force
majeure. Extraordinary Casual employment. An
events not foreseeable or employment where an
avoidable, events that could employee is engaged to
not be foreseen, or which, work on an activity that is
though foreseen, are not usually necessary or
inevitable. It is, therefore, desirable in the usual
not enough that the event business or trade of the
should not have been employer. [Poquiz, Labor
foreseen or anticipated, as is Rel. Law, 1999 Ed. p. 26].
commonly believed, but it See Regular employment.
must be one impossible to
foresee or to avoid. The Casualty or accident
mere difficulty to foresee the insurance. Insurance
happening is not covering loss or liability
impossibility to foresee the arising from accident or
same [Rep. v. Luzon mishap, excluding certain
Stevedoring Corp., 21 SCRA types of loss which by law or
279 (1967)]. custom are considered as
falling exclusively within the
Castigo. Sp. Manhandling. scope of other types of
[People v. Padilla, GR 75508. insurance such as fire or
June 10, 1994]. marine. [Sec. 174, IC].
Casual condition. Civ. Law. Catadromous species.

1. A condition which Freshwater fishes which
depends upon chance. [Diaz, migrate to marine areas to
Bus. Law Rev., 1991 Ed., p. spawn. [Sec. 4, RA 8550].
11]. 2. A condition the
fulfillment of which depends Cataract immature. 1. An
exclusively upon chance opacity of the crystalline eye
and/or upon the will of a lens or of its capsule. [Aguja
third person. [Jurado, v. GSIS, GR 84846. Aug. 5,
Comments & Jurisp. on 1991, citing Dorland,
150
Illustrated Med. Dict., 24th of any of the above-

Ed., 1965]. 2. Any cataract in mentioned animals whether
the beginning stages, or one or not for profit or gain, or
which affects only a part of whether committed with or
the lens or its covering. without violence against or
[Ibid., citing Maloy, Med. intimidation of any person or
Dict. for Lawyers, 2nd Ed., force upon things. It includes
1951]. the killing of large cattle, or
taking its meat or hide
Catch ceilings. The annual without the consent of the
catch limits allowed to be owner/raiser. [Sec. 2, PD
taken, gathered or harvested 533].
from any fishing area in
consideration of the need to Causal fraud. Also Dolo
prevent overfishing and causante. 1. Those
harmful depletion of deceptions or
breeding stocks of aquatic misrepresentations of a
organisms. [Sec. 4, RA serious character employed
8550]. by one party and without
which the other party would
Cattle. Domesticated not have entered into the
quadrupeds such as sheep, contract. [Art. 1338, CC]. 2.
horses and swine, or to A deception employed by
bovine animals such as one party prior to or
cows, bulls and steers. simultaneous to the contract
[People v. Nazareno, GR L- in order to secure the
40037. Apr. 30, 1976, citing consent of the other.
Merriam-Webster's 3rd New [Samson v. CA, GR 108245.
Int. Dict.]. Nov. 25, 1994].
Cattle and dairy industry. Causa liberalitatis. Lat.

The raising of cattle and the Liberal, generous, or
acquisition of breeding and gratuitous cause or
dairy animals, equipment, consideration. [Moreno’s Law
materials and machineries Dict., 2000 Ed., p. 65].
directly connected with the
industry, including the Causation. Lat. Causa:
manufacture and processing Reason. The act or agency
of meat and dairy products. that produces an effect,
[Sec. 2, RA 4095]. result, or consequence. [Intl.
Law Dict. & Direct., 2004].
Cattle rustling. The taking
away by any means, method Cause. 1. Civ. Law. The
or scheme, without the essential or more
consent of the owner/raiser, approximate reason for
151
entering into a contract. obligation on the part of the

[Diaz, Bus. Law Rev., 1991 named defendant to respect
Ed., p. 74]. 2. Verb. To be or not to violate such right;
the cause or occasion of; to and (c) an act or omission on
effect as an agent; to bring the part of such defendant
about; to bring into violative of the right of the
existence; to make to plaintiff or constituting a
induce; to compel. [Pecho v. breach of the obligation of
Sandiganbayan, GR 111399. the defendant to the plaintiff
Nov. 14, 1994, citing Black's [Baliwag Transit v. Ople, 171
Law Dict., 5th Ed., 200]. SCRA 250 (1989)].
Cause of a contract. 1. The Causing undue injury to

essential reason which the government.
moves the contracting Elements: The elements of
parties to enter into it [Tong Sec. 3 (e) of RA 3019 are as
Brothers Co v. IAC, GR follows: (a) That the accused
73918. Dec. 21, 1987, citing are public officers or private
8 Manresa, 5th Ed., p. 450]. persons charged in
2. The immediate, direct and conspiracy with them; (b)
proximate reason which that said public officers
justifies the creation of an commit the prohibited acts
obligation thru the will of the during the performance of
contracting parties. [Tong their official duties or in
Brothers Co v. IAC, GR relation to their public
73918. Dec. 21, 1987, citing positions; (c) that they cause
3 Castan, 4th Ed., p. 347). undue injury to any party,
whether the Government or
Cause of action. Rem. Law. a private party; (d) that such
1. The act or omission by injury is caused by giving
which a party violates a right unwarranted benefits,
of another. [Sec. 2, Rule 2, advantage or preference to
RoC]. 2. An act or omission such parties; and (e) That
of one party in violation of the public officers have
the legal right or rights of acted with manifest
another. [Dev. Bank of Rizal partiality, evident bad faith
v. Sima Wei, GR 85419. Mar. or gross inexcusable
9, 1993]. Compare with negligence. [Ponce de Leon
Right of action. v. Sandiganbayan, 186 SCRA
745 (1990)].
Cause of action. Elements:
(a) A right in favor of the Cave. Any naturally occurring
plaintiff by whatever means void, cavity, recess or
and under whatever law it system of interconnected
arises or is created; (b) an passages beneath the
152
surface of the earth or within Cave resources. Any

a cliff or ledge and which is material or substance
large enough to permit an occurring naturally in caves,
individual to enter, whether such as animal life, plant life,
or not the entrance, located including paleontological and
either in private or public archaeological deposits,
land, is naturally formed or cultural artifacts or products
man made. It shall include of human activities,
any natural pit, sinkhole or sediments, minerals,
other feature which is an speleogems and
extension of the entrance. speleothems. [Sec. 3, RA
The term also includes cave 9072].
resources therein, but not
any vug, mine tunnel, CBA. See Collective
aqueduct or other manmade Bargaining Agreement.
excavation. [Sec. 3, RA
9072]. CBA registration. The filing
of the collective bargaining
Caveat. Let him beware. 1. A agreement with the Regional
formal warning. 2. A Office or the Bureau of Labor
warning; a note of caution. Relations accompanied by
[Glossary of Legal Terms verified proof of posting and
(Pro-Se), 2004]. ratification and payment of
fee. [Sec. 1, Rule 1, Book 5,
Caveat emptor. 1. The rule IRR of LC].
(that) requires the purchaser
to be aware of the supposed CDA. Cooperative
title of the vendor and he Development Authority.
who buys without checking
the vendor's title takes all Cease and desist order. An
the risks and losses order of an administrative
consequent to such failure. agency or court prohibiting a
[Dacasin v. CA, GR L-32723. person or business from
Oct. 28, 1977]. 2. Let the continuing a particular
buyer beware or that the course of conduct. [Jurist’s
buyers should examine and Legal Dict., 2004].
check for themselves things
which they intend to Ceasefire. Intl. Law. An
purchase and that they unconditional stoppage of
cannot later hold the vendor hostilities by order of an
responsible for the broken international body like the
condition of the thing UN Security Council for the
bought. [Duhaime's Legal purpose of employing
Dict., 2004]. peaceful means of settling
the conflict. [Cruz, Intl. Law
153
Reviewer, 1996 Ed., p. 144, relationship to or contact

citing Salonga and Yap, 451- with event and parties to
452]. litigation and the issue
therein. [Agpalo, Conflict of
Celebrity. See Public figure. Laws, p. 6]. Term is used
synonymously with the Most
Cement manufacturing. The significant relationship
manufacture of cement theory. Also known as
obtained by firing limestone Grouping of contacts.
naturally containing, or
mixed artificially with, a Centers. Any of the
suitable proportion of clay, treatment and rehabilitation
and by subsequent crushing centers for drug dependents
of the clinker so obtained referred to in Sec.34, Art. VIII
(Portland Cement). [Sec. 2, of RA 9165. [Sec 3, RA
RA 4095]. 9165].
Censure. An official Central Bank. See Bangko

reprimand or condemnation Sentral ng Pilipinas.
of an attorney. [Glossary of
Legal Terms (Pro-Se), 2004]. Central Bank Act, The New.
RA 7653 enacted on June 14,
Center of excellence. A 1993.
public or private college,
institute, school or agency, Central counting center. A
engaged in the pre-service public place designated by
and continuing education, the Commission on Election
formal and non-formal, of where counting of ballots
teachers and top-notch and canvassing shall be
educators, that has conducted. [Sec. 2, RA
established and continues to 8046].
maintain a good record in
teacher education, research, Cerebral concussion. Brain
and community service; jarring resulting from head
whose graduates are models injury. [Moreno’s Law Dict.,
of integrity, commitment 2000 Ed., p. 67].
and dedication in education.
[Sec. 2, RA 7784]. Cerebro-vascular accident
(CVA). The breaking of a
Center of gravity doctrine. blood vessel within or about
Conf. of Laws. Choice of law the brain. [Schmidt's Atty.s'
problems are resolved by Dict. of Medicine, 1965, p.
the application of the law of 160]. It is also known as
the jurisdiction which has cerebral or intracranial
the most significant hemorrhage for which the
154
science of medicine gives in a city, municipality,

several causes, among district, or province, as the
which are hypertensive case may be. [Sec. 2, RA
vascular diseases and 8436].
arterial aneurysms which are
gradual processes that Certificate of deposit. 1. An
worsen over the years if left instrument in the form of a
unchecked. [Trinidad v. receipt given by a banker for
WCC, GR L-42507. Feb. 28, a certain sum of money. It is
1978, citing Cecil-Loeb, a written acknowledgment
Textbook of Medicine, 13th by a bank of the receipt of
Ed., p. 209, 947]. money or deposit which the
bank promises to pay to the
Certain. Definitely settled so depositor, bearer, or order,
as not to be variable or or to some other person or
fluctuating. Fixed. [Moreno’s order. [Martin,
Law Dict., 2000 Ed., p. 67]. Commentaries and Jurisp. on
Comml. Laws, Vol. 1, 1988
Certificate of ancestral Rev. Ed., p. 68]. 2. A
domain title. A title promissory note issued by a
formally recognizing the bank in which the bank
rights of possession and promises to repay money it
ownership of Indigenous has received, plus interest,
Cultural at a time certain. [Intl. Law
Communities/Indigenous Dict. & Direct., 2004].
Peoples (ICCs/IPs) over their
ancestral domains identified Certificate of land transfer.
and delineated in The certificate (which)
accordance with this law. simply evidences the
[Sec. 4, RA 8371]. government's recognition of
the grantee as the party
Certificate of ancestral qualified to avail of the
lands title. A title formally statutory mechanisms for
recognizing the rights of the acquisition of ownership
Indigenous Cultural of the land tilled by him as
Communities/ Indigenous provided under PD 27. It
Peoples (ICCs/IPs) over their does not vest in the
ancestral lands. [Sec. 4, RA farmer/grantee ownership of
8371]. the land described therein.
[Pagtalunan v. Tamayo, GR
Certificate of canvass of 54281. Mar. 19, 1990].
votes. A machine-generated
document containing the Certificate of public
total votes in figures convenience. 1. The license
obtained by each candidate on authority issued by the
155
Maritime Industry Authority instrument for the transfer of

(MARINA) to a domestic ship title. [De Leon, Corp. Code of
operator to engage in the Phil. Annotated, 1989
domestic shipping. [Sec. 3, Ed., pp. 56-57].
RA 9295]. 2. An
authorization issued for the Certificate of title, original
operation of public services or transfer (OCT or TCT).
for which no franchise, either 1. The transcript of the
municipal or legislative, is decree of registration made
required by law. [PAL v. CAB, by the registrar of deeds in
GR 119528. Mar. 26, 1997]. the registry. [PNB v. Tan Ong
Zse, GR 27991. Dec. 24,
Certificate of public 1927]. 2. Document issued
convenience and by the [Register of Deeds]
necessity. A certificate for real estate registered
issued to a public service for under the Torrens System,
which a franchise is required which is considered
by law. [PAL v. CAB, GR conclusive evidence of the
119528. Mar. 26, 1997]. present ownership and state
of the title to the property
Certificate of sale. A described therein. [Glossary
certificate setting forth the of Legal Terms (Pro-Se),
proceedings had at the sale, 2004].
a description of the property
sold, the name of the Certification. 1. Written
purchaser, the sale price, as attestation. 2. Authorized
well as the exact amount of declaration verifying that an
the taxes and penalties due instrument is a true and
and the costs of sale correct copy of the original.
received by the purchaser at [Glossary of Legal Terms
public auction of delinquent (Pro-Se), 2004].
property from the provincial
or city treasurer, or his Certification against forum
deputy. [Sec. 76, PD 464]. shopping. Civ. Proc. The
certification under oath by
Certificate of stock. A the plaintiff or principal party
written acknowledgment by in the complaint or other
the corporation of the initiatory pleading asserting
interest, right, and a claim for relief, or in a
participation of a person in sworn certification annexed
the management, profits, thereto and simultaneously
and assets of a corporation. filed therewith: (a) that he
It is a documentary evidence has not theretofore
of the holder’s ownership of commenced any action or
shares and is a convenient filed any claim involving the
156
same issues in any court, Certification proceeding.

tribunal or quasi-judicial Labor. A mere investigation
agency and, to the best of of a non-adversary, fact-
his knowledge, no such other finding character, in which
action or claim is pending the investigating agency
therein; (b) if there is such plays the part of a
other pending action or disinterested investigator
claim, a complete statement seeking merely to ascertain
of the present status the desires of the employees
thereof; and (c) if he should as to the matter of their
thereafter learn that the representation. [Manila Golf
same or similar action or & Country Club, Inc. v. IAC,
claim has been filed or is GR 64948. Sep. 27, 1994].
pending, he shall report that
fact within five (5) days Certified check. A check
therefrom to the court which bears upon its face an
wherein his aforesaid agreement by the drawee
complaint or initiatory bank that the check will be
pleading has been filed. paid on presentation. The
[Sec. 5, Rule 7, RoC]. usual practice is by stamping
or writing the word
Certification election. “certified” upon the check.
Labor. The process of [Diaz, Bus. Law Rev., 1991
determining, through secret Ed., p. 381].
ballot, the sole and exclusive
bargaining agent of the Certified public accountant
employees in an appropriate (CPA). A person, be it
bargaining unit, for purposes his/her individual capacity,
of collective bargaining. or as a staff member in an
[Sec. 1, Rule 1, Book 5, IRR accounting or auditing firm,
of LC]. Compare with holding out himself/herself
Consent election. as one skilled in the
knowledge, science and
Certification of check. A practice of accounting, and
written agreement by which as a qualified person to
a bank promises to pay the render professional services
check at any time it is as a certified public
presented for payment. It accountant; or offering or
may be made on the check rendering, or both or more
itself or on another than one client on a fee
instrument, identifying the basis or otherwise, services
bill certified. [Moreno’s Law as such as the audit or
Dict., 2000 Ed., p. 68]. verification of financial
transaction and accounting
records; or the preparation,
157
signing, or certification for send up the record of a

clients of reports of audit, particular case. [Pimentel v.
balance sheet, and other COMELEC, GR L-53581-83.
financial, accounting and Dec. 19, 1980, citing 14 CJS
related schedules, exhibits, 121]. 2. A writ of review
statement of reports which issued by a higher court to a
are to be used for lower court. A means of
publication or for credit getting an appellate court to
purposes, or to be filed with review a lower court's
a court or government decision. If an appellate
agency, or to be used for court grants a writ of
any other purposes; or to certiorari, it agrees to take
design, installation, and the appeal. [Glossary of
revision of accounting Legal Terms (Pro-Se), 2004].
system; or the preparation of
income tax returns when Certiorari, petition for. A
related to accounting verified petition filed in the
procedures; or when he/she proper court by the person
represents clients before aggrieved by the action of
government agencies on tax any tribunal, board, or officer
and other matters relating to exercising judicial functions,
accounting or render without or in excess of its or
professional assistance in his jurisdiction, or with grave
matters relating to abuse of discretion, and
accounting procedures and there is no appeal, nor any
the recording and plain, speedy, and adequate
presentation of financial remedy in the ordinary
facts or data. [Sec. 4, RA course of law, such petition
9298]. alleging the facts with
certainty and praying that
Certified seeds. Seeds that judgment be rendered
passed the seed certification annulling or modifying the
standards of the Bureau of proceedings, as the law
Plant Industry and which are requires, of such tribunal,
the progeny of foundation, board or officer. [Sec. 1, Rule
registered or certified seeds 65, RoC].
that are so handled as to
maintain satisfactory genetic Certiorari, petition for.
identity and varietal purity. Elements: (a) That it is
[Sec. 4, RA 7607]. directed against a tribunal,
board or officer exercising
Certiorari. 1. A writ from a judicial functions; (b) that
superior court to an inferior such tribunal, board or
court or tribunal officer has acted without or
commanding the latter to in excess of jurisdiction or
158
with grave abuse of (b) the debtor is in a state of

discretion; and (c) that there insolvency, either partially or
is no appeal nor any plain, totally, at the time of the
speedy and adequate cession or assignment; (c)
remedy in the ordinary the debtor is required to
course of law. [Sec. 1, Rule deliver all his property to all
65, RoC]. his creditors; and that (d)
the creditors may sell the
Certiorari, writ of. A writ the property and apply the
function of which is to keep proceeds to their credits
an inferior Court within the proportionately. [Torres,
bounds of its jurisdiction or Oblig. & Cont., 2000 Ed., p.
to prevent it from 120].
committing such a grave
abuse of discretion Cestui que trust. Lat. For
amounting to excess of the beneficiary of a trust.
jurisdiction [Central Bank v. [Duhaime's Legal Dict.,
CA, GR 41859. 8 Mar. 1989, 2004].
171 SCRA 49].
Cestui que use. Lat. For the
Cessante ratione legis, donee of a trust. [Duhaime's
cessat et ipsa lex. Lat. Legal Dict., 2004].
Where the reason of the law
ceases, the law itself ceases. CFI. Court of First Instance.
[Lonaria v. De Guzman, GR
L-20940. Sep. 29, 1967]. Chain distribution plans or
pyramid sales schemes.
Cession. From Lat. cessio Sales devices whereby a
from cessare: to yield. 1. Civ. person, upon condition that
Law. The abandonment of all he makes an investment, is
property of the debtor for granted by the manufacturer
the benefit of his creditors in of his representative a right
order that the latter may to recruit for profit one or
apply the proceeds thereof more additional persons who
to the satisfaction of their will also be granted such
credit. [Torres, Oblig. & right to recruit upon
Cont., 2000 Ed., p. 120]. 2. condition of making similar
Intl. Law. The transfer of investments. [Art. 4, RA
territory from one state to 7394].
another by treaty. [Intl. Law
Dict. & Direct., 2004]. Chain saw. Any portable
power saw or similar cutting
Cession. Requisites: (a) There implement, rendered
must be at least one debtor operative by an electric or
and two or more creditors; internal combustion engine
159
or similar means, that may Champerty. 1. A bargain by a

be used for, but is not stranger with a party to a
limited to, the felling of trees suit, by which such third
or the cutting of timber. person undertakes to carry
[Sec. 3, RA 9175]. on the litigation at his own
cost and risk in consideration
Chain saw dealer. A person, of receiving, if successful, a
natural or juridical, engaged part of the proceeds or
in the manufacture, subject sought to be
importation, distribution, recovered. [Moreno’s Law
purchase and/or sale of Dict., 2000 Ed., p. 70]. 2.
chain saws. [Sec. 3, RA The act of a person in
9175]. agreeing to finance someone
else's lawsuit in exchange
Challenging to a duel. Crim. for a portion of the judicial
Law. The felony committed award. [Duhaime's Legal
by any person who shall Dict., 2004].
challenge another, or incite
another to give or accept a Change of name. A judicial
challenge to a duel, or shall proceeding in rem, requiring
scoff at or decry another publication, and may be
publicly for having refused to ordered by the court if
accept a challenge to fight a proper and reasonable cause
duel. [Art. 261, RPC]. exists to justify it. [Bench
Chambers. A judge's private p. 3-3].
office. A hearing in chambers
takes place in the judge's Change of name. Grounds:
office outside of the (a) When the name is
presence of the public. ridiculous, dishonorable or
[Glossary of Legal Terms extremely difficult to write or
(Pro-Se), 2004]. pronounce; (b) When the
change results as a legal
Champertous agreement consequence, as in
(or contract). Agreement legitimation; (c) When the
whereby an attorney agrees change will avoid confusion;
to pay expenses of (d) Having continuously used
proceedings to enforce the and been known since
client's rights. [Bautista v. childhood by a Filipino name,
Gonzales, AM 1625. Feb. 12, unaware of her alien
1990, citing JBP Holding parentage; (e) A sincere
Corp. v. US 166 F. Supp. 324 desire to adopt a Filipino
(1958)]. name to erase signs of
former alienage, all in good
faith and without prejudicing
160
anybody; and (f) When the Charge - of - company -

surname causes domination rule. Labor.
embarrassment and there is Under settled jurisprudence,
no showing that the desired the pendency of a formal
change of name was for a charge of company
fraudulent purpose or that domination is a prejudicial
the change of name would question that, until decided,
prejudice public interest. bars proceedings for a
[Rep. v. CA, GR 97906. May certification election, the
21, 1992]. reason being that the votes
of the members of the
Change of venue. Moving a dominated union would not
lawsuit or criminal trial to be free. [United CMC Textile
another place for trial. Workers Union v. BLR, GR L-
[Glossary of Legal Terms 51337. Mar. 22, 1984].
(Pro-Se), 2004].
Charges. 1. Pecuniary
Channel. See Natural bed. liability, as rents or fees
against persons or property.
Character. The possession by [Sec. 131, RA 7160]. 2.
a person of certain qualities Those which are incurred,
of mind and morals, not on the thing itself, but
distinguishing him from because of it. They include
others; it is the opinion every prestation required of
generally entertained of a the possessor by reason of
person derived from the the possession of the thing,
common report of the people whether it constitutes a real
who are acquainted with right or not. All taxes or
him. [People v. Lee, GR contributions in favor of the
139070, May 5, 2002]. government, whether on the
capital or on the fruits, and
Characterization. Conf. of interests on mortgages, etc.,
Laws. The process of are examples of such
deciding whether or not the charges. [Tolentino, Civil
facts relate to the kind of Code of the Phil., Vol. II,
question specified in a Repr. 2001, p. 291, citing 4
conflicts rule. The purpose of Manresa 282].
characterization is to enable
the court of the forum to Charges d’affaires. Fr. In
select the proper law. charge of affairs. Those
[Agpalo, Conflict of Laws, p. officially below the rank of
18]. Also Doctrine of the ministers resident. They
qualification. take over when the latter is
absent. In other words, they
are temporarily in charge no
161
matter what their official with kettles, tin horn, etc.,

rank or designation may be. designed to deride or annoy.
[Suarez, Pol. Law Reviewer, [Gregorio, Fund. of Crim.
1st Ed., 2002, p. 1044]. Law Rev., 1997 9th Ed., p.
428].
Charging or special lien. An
attorney's specific lien for Charter. 1. An instrument or
compensation on the fund or authority from the sovereign
judgment which he has power bestowing the right or
recovered by means of his privilege to be and act as a
professional services for his corporation. [De Leon, Corp.
client in a particular case Code of the Phil. Annotated,
and is provided in the 1989 Ed., p. 130, citing
second part of Rule 138, Humprey and Peues, 16
Sec. 37 (of the Rules of Wall. (US) 244, 21 L. Ed.
Court). It covers only the 326]. 2. A document
services rendered by an outlining the principles,
attorney in the action in functions, and organization
which the judgment was of a juridical entity. [Intl. Law
obtained and takes effect Dict. & Direct., 2004].
under the cited rule after the
attorney shall have caused a Chartered institution. Any
statement of his claim of agency organized or
such lien to be entered upon operating under a special
the records of the particular charter, and vested by law
action with written notice with functions relating to
thereof to his client and to specific constitutional
the adverse party. It policies or objectives. This
presupposes that the term includes the state
attorney has secured a universities and colleges and
favorable money judgment the monetary authority of
for his client and grants the the State. [Sec. 2, Admin
attorney "the same right and Code of 1987].
power over such judgments
and executions as his client Charter-party. 1. A contract
would have to enforce his in which the owner of a
lien and, secure the payment vessel lets for consideration
of his just fees and the whole or principal part
disbursements.” [Ampil v. thereof for the conveyance
Juliano-Agrava, GR L-27394. of goods and/or passengers
July 31, 1970]. Compare with on a particular voyage to
Attorney’s retaining lien. one or more places or until
the expiration of a specified
Charivari. A mock serenade time and surrenders unto
of discordant noises made the lessee or charterer the
162
control, by vesting upon the unlawful intercourse of the

latter the right to appoint sexes. There is abstinence
the captain, officers and from unlawful sexual
members of the crew, of the connection. [Olarte, Legal
vessel leased or chartered Med., 1st Ed. (2004), p. 121].
during the duration of the Compare with Virginity.
contract. [RA 913]. 2. A
contract by which an entire Chattel. 1. Moveable items of
ship, or some principal part property which are neither
thereof, is let by the owner land nor permanently
to another person for a attached to land or a
specified time or use. building, either directly or
[Planters Products v. CA, GR vicariously through
101503. Sep. 15, 1993, attachment to real property.
citing 70 Am Jur 2d, p. 580]. [Duhaime's Legal Dict.,
2004]. 2. An article of
Charter vessel. A contract personal property. [Glossary
by which the owner or agent of Legal Terms (Pro-Se),
of the vessel leases for a 2004].
certain price the whole or a
portion of the vessel for the Chattel mortgage. A
transport of goods or mortgage where personal
persons from one port to property is recorded in the
another. [Moreno’s Law Chattel Mortgage Register as
Dict., 2000 Ed., p. 72]. a security for the
performance of an
Chaste. Legal Med. 1. An obligation. [Art. 2140, CC].
unmarried woman who has Compare with Real estate
had no carnal knowledge mortgage.
with men or who never
voluntarily had unlawful Chattel Mortgage Law. Act
sexual intercourse. It also 1508 enacted on July 2,
denotes purity of mind and 1906.
innocence of heart. [Olarte,
Legal Med., 1st Ed. (2004), p. Check or cheque. 1. A bill of
121]. 2. A person who has exchange drawn on a bank
never voluntarily had sexual payable on demand. [Sec.
intercourse outside of 185, NIL]. 2. A bill of
marriage such as unmarried exchange drawn on a bank
virgins. [Duhaime's Legal payable on demand. 3. A
Dict., 2004]. Compare with written order or request to a
Virgin. bank or persons carrying on
the business of banking, by a
Chastity. Legal Med. That party having money in their
virtue which prevents the hands, desiring them to pay,
163
on presentment, to a person imported, in-transit,

therein named or bearer, or manufactured or procured
to such person or order, a controlled precursors and
named sum of money. essential chemicals, in
[People v. Nitafan, GR diluted, mixtures or in
75954. Oct. 22, 1992, citing concentrated form, to any
2 Dan. Neg. Inst. 528; Blair person or entity engaged in
v. Wilson, 28 Gratt. (Va.) the manufacture of any
170; Deener v. Brown, 1 Mac dangerous drug, and shall
Arth. (D.C.) 350; In re Brown, include packaging,
2 Sto. 502, Fed. Cas. No. repackaging, labeling, re-
1,985. See Chapman v. labeling or concealment of
White, 6 N. Y. 412, 57 Am. such transaction through
Dec. 464]. 4. A draft drawn fraud, destruction of
upon a bank and payable on documents, fraudulent use
demand, signed by the of permits, misdeclaration,
maker or drawer, containing use of front companies or
an unconditional promise to mail fraud. [Sec 3, RA 9165].
pay a sum certain in money
to the order of the payee. Chemical engineer. A
[People v. Nitafan, GR person duly registered and a
75954. Oct. 22, 1992, citing holder of a valid Certificate
State v. Perrigoue, 81 Wash. of Registration and
2d 640, 503 p. 2d 1063, Professional Identification
1066]. Card issued by the Board of
Chemical Engineering and
Check-off. A process or the Professional Regulation
device whereby the Commission (PRC). [Sec. 3,
employer, on agreement RA 9267].
with the union recognized as
the proper bargaining Chemical engineering,
representative, or on prior practice of. The rendering
authorization from its of chemical engineering
employees, deducts union service by a person who
dues or agency fees from shall, for a fee, salary or
the latter's wages and remits other reward or
them directly to the union. compensation, paid to him
[Holy Cross of Davao v. or through another person,
Joaquin, GR 110007. Oct. 18, or even without such reward
1996, citing Pascual, C., or compensation, render or
Labor Rel. Law, at 173]. offer to render professional
chemical engineering service
Chemical diversion. The in the form of consultation,
sale, distribution, supply or investigation, valuation,
transport of legitimately planning, designing or
164
preparation of specifications foreign service. [Sec. 5, RA

for or estimates of industrial 7157].
plants; or undertake the
supervision of construction, Child. 1. A person below
erection, installation, fifteen (15) years of age
alteration or operation of unless sooner emancipated
industrial plants. [Sec. 12, by law. [Sec. 3, RA 8043]. 2.
RA 318]. A person below eighteen
(18) years of age or one who
Chemical name. The is over eighteen (18) but is
description of the chemical unable to fully take care of
structure of the drug or or protect himself/herself
medicine and serves as the from abuse, neglect, cruelty,
complete identification of a exploitation, or
compound. [Sec. 3, RA discrimination because of a
6675]. physical or mental disability
or condition. [Sec. 3, RA
Chia. Chi. Grateful. [Jew 9208]. 3. Offspring of
Chong v. Rep., GR L-14343. parentage; progeny.
May 23, 1961]. [Glossary of Legal Terms
(Pro-Se), 2004].
Chicot doctrine. The
doctrine which advocates Child abuse. The
the imperative necessity to maltreatment, whether
take account of the actual habitual or not, of the child.
existence of a statute prior [Sec. 3, RA 7610].
to its nullification, as an
operative fact negating Child and Youth Welfare
acceptance of a principle of Code, The. PD 603 entitled
absolute retroactive “The Child and youth
invalidity.” [Co v. CA, GR Welfare Code” signed into
100776. Oct. 28, 1993, citing law on Dec. 10, 1974.
Chicot County Drainage Dist.
v. Baxter States Bank, 308 Child-caring agency. A duly
US 371, 374 (1940)]. See licensed and accredited
Operative fact doctrine. agency by the DSWD that
provides twenty four (24)-
Chief of mission. The head hour residential care
of an embassy or other services for abandoned,
diplomatic missions of the orphaned, neglected, or
Philippines, or any person voluntarily committed
appointed by the President children. [Sec. 3, RA 8552].
to such position, whether
serving in the home office or Child-caring institution. 1.
An institution that provides
165
twenty-four resident group agency, freed of the parental

care service for the physical, authority of his/her biological
mental, social and spiritual parent(s) or guardian or
well-being of nine or more adopter(s) in case of
mentally gifted, dependent, rescission of adoption. [Sec.
abandoned, neglected, 3, RA 8552].
handicapped or disturbed
children, or youthful Child-placing agency. 1. A
offenders. 2. An institution, duly licensed and accredited
whose primary purpose is agency by the DSWD to
education, is deemed to be a provide comprehensive child
child-caring institution when welfare services including,
nine or more of its pupils or but not limited to, receiving
wards in the ordinary course applications for adoption,
of events do not return evaluating the prospective
annually to the homes of adoptive parents, and
their parents or guardians preparing the adoption home
for at least two months of study. [Sec. 3, RA 8552]. 2.
summer vacation. [Art. 117, An institution or person
PD 603]. assuming the care, custody,
protection and maintenance
Child-friendly programs. of children for placement in
Programs not specifically any child-caring institution or
designed for viewing by home or under the care and
children but which serve to custody of any person or
further the positive persons for purposes of
development of children and adoption, guardianship or
contain no elements that foster care. The relatives of
may result in physical, such child or children within
mental and emotional harm the sixth degree of
to them. These include consanguinity or affinity are
various formats and genre excluded from this definition.
that appeal to children and [Art. 117, PD 603].
are made available for all
ages from early childhood to Child prostitution and
adolescence. [Sec. 3, RA other sexual abuse. The
8370; Sec. 3, RA 7941]. exploitation of children,
whether male or female, in
Child legally available for prostitution and other sexual
adoption. A child who has abuse, who for money,
been voluntarily or profit, or any other
involuntarily committed to consideration or due to the
the DSWD or to a duly coercion or influence of any
licensed and accredited adult, syndicate or group,
child-placing or child-caring indulge in sexual intercourse
166
or lascivious conduct. [Sec. viewing by children. [Sec. 3,

5, RA 7610]. RA 8370].
Children. 1. Those below Children's Television Act of

eighteen (18) years of age or 1997. RA 8370 enacted on
older but are incapable of Oct. 28, 1997.
taking care of themselves as
defined under RA 7610. As Child-viewing hours. Hours
used in RA 9262, it includes which are considered to be
the biological children of the appropriate for children to
victim and other children watch television taking into
under her care. [Sec. 3, RA account other activities
9262]. 2. All persons below which are necessary or
eighteen (18) years old. desirable for their balanced
[Sec. 3, RA 8370]. 3. Persons development. [Sec. 3, RA
below eighteen (18) years of 8370; Sec. 3, RA 7941].
age or those over but are
unable to fully take care of Child witness. Any person
themselves or protect who at the time of giving
themselves from abuse, testimony is below eighteen
neglect, cruelty, exploitation (18) years. In child abuse
or discrimination because of cases, a child includes one
a physical or mental over eighteen (18) years but
disability or condition. [Sec. is found by the court as
3, RA 7610]. unable to fully take care of
himself or protect himself
Children of a solo parent. from abuse, neglect, cruelty,
Those living with and exploitation, or
dependent upon the solo discrimination because of a
parent for support who are physical or mental disability
unmarried, unemployed and or condition. [Sec. 4 (a), AM
not more than eighteen (18) 00-4-07-SC].
years of age, or even over
eighteen (18) years but are Ching suan. Chi. Mapili. [Arce
incapable of self-support Sons and Co. v. Selecta
because of mental and/or Biscuit Co., Inc., GR L-14761.
physical defect/disability. Jan. 28, 1961].
[Sec. 3, RA 8972].
Chirographs. Credits
Children's television. appearing in a public
Programs and other instrument or final
materials broadcast on judgment. [PNB v. Veraguth,
television that are GR 26833. Apr. 1, 1927].
specifically designed for

167
Chloride. A compound of Chose in possession. A

chlorine with another personal thing of which one
element or radical. [People has possession, as
v. Angeles, GR 92850. June distinguished from a thing in
15, 1992, citing Webster's 3rd action. Taxes and customs, if
New Intl. Dict. (1986), 1108]. unpaid, are a chose in
action. [Paras, Phil. Conflict
Choice of jurisdiction. In of Laws, 8th Ed. (1996), p.
conflict of laws, the 329].
principles and rules applied
by courts in order to Christian name. A given
determine the proper name. [Moreno’s Law Dict.,
jurisdiction for instituting 2000 Ed., p. 74].
legal proceedings. [Tetley,
Glossary of Conflict of Laws, Chronic. Long-term or long-
2004]. standing. A long and gradual
development of the ailment.
Choice of law. In conflict of [Sarmiento v. ECC, GR L-
laws, the principles and rules 68648. Sep. 24, 1986].
applied by courts in order to
determine the law applicable Chronic hemoptysis.
to one or more of the legal Pulmonary tuberculosis
issues to be decided. [Tetley, accompanied by blood
Glossary of Conflict of Laws, vomiting. [Moreno’s Law
2004]. Dict., 2000 Ed., p. 74].
Chose. A thing, an article of Chronic pyelonephritis. A

personal property. A chattel slowly progressive infection
personal, and is either in of a renal pelvis and
action or in possession. prenchyma, frequently
[Paras, Phil. Conflict of Laws, bilateral. Factors such as
8th Ed. (1996), p. 329]. stones, strictures and tumors
cause obstruction to the flow
Chose in action. A right of of urine and predispose to
property in intangible things infection. [Chavez v. ECC,
or which are not in one's GR L-61931. Mar. 31, 1987].
possession, enforceable
through legal or court action. Chronological. Arranged in
Examples may include the order in which events
salaries, debts, insurance happened; according to
claims, shares in companies date. [Glossary of Legal
and pensions. [Duhaime's Terms (Pro-Se), 2004].
Legal Dict., 2004].
Church. All places suited to
regular religious worship. A
168
place where persons [Querubin v. Alconcel, GR L-

regularly assemble for 23050. Sep. 18, 1975].
worship. [Martelino v.
Estrella, GR L-15927. Apr. Circumstances. Minor facts
29, 1963]. of related or accessory facts,
occurrences or things which
Cia. Abbrev. for Compania, as stand around or closely
in “Filipinas Cia. De precede or follow, or which
Seguros.” [Claridades, A., surround or accompany, or
Compilation of Notes, 2001- which depend upon or
2006]. support or qualify a principal
act or event. [Moreno’s Law
Cigarette. Any roll or tubular Dict., 2000 Ed., p. 74].
construction, which contains
tobacco or its derivatives Circumstantial evidence. 1.
and is intended to be burned The evidence of collateral
or heated under ordinary facts or circumstances from
conditions of use. [Sec. 4, RA which an inference may be
9211]. drawn as to the probability
or improbability of the facts
Cigars. All rolls of tobacco or in dispute. [People v. Liwag,
any substitutes thereof, GR 89112. Aug. 3, 1993,
wrapped in leaf tobacco. citing 5 Moran, p. 17, 1980
[Sec. 137-A, PD 69]. Ed.]. 2. Not only the prior
and coetaneous actuations
Cipher. A method of secret of the accused in relation to
writing that substitutes other the crime but also his acts or
letters or characters for the conduct subsequent thereto
letter intended or transposes can be considered as
the letter after arranging circumstantial evidence of
them in blocks or squares. guilt. [US v. De Los Santos,
[Sec. 42, RA 5921]. 24 Phil. 329 (1913)]. 3. To
warrant conviction in
Circumbalacion. Sp. The act criminal cases upon
of surrounding a place. It is a circumstantial evidence,
term that a derived from the such evidence must be more
word "circuir," which means than one, derived from facts
to surround, to encompass, duly proven, and the
to encircle. The phrase combination of all of them
"1001 brazas de must be such as to produce
circumbalacion" can mean conviction beyond
no other than that the reasonable doubt [People v.
perimeter or circumference Tiozon, 198 SCRA (1991)].
of the property has a total Compare with Direct
length of 1001 brazas. evidence.
169
kingdom, or empire, and as

Circumstantial evidence such is subject to its laws
sufficient to convict. and entitled to its protection
Requirements: (a) There are in all his rights incident to
more than one that relation. [Suarez, Pol.
circumstance, (b) the facts Law Reviewer, 1st Ed., 2002,
from which the inferences p. 251].
are derived are proven, and
(c) the combination of all the Citizen's arrest. A
circumstances is such as to warrantless arrest
produce a conviction beyond authorized under Sec. 5,
reasonable doubt. [People v. Rule 113, of the Rev. Rules
Salangga, GR 100910. July on Crim. Proc. [People v.
25, 1994]. Rayray, GR 90628. Feb. 1,
1995].
Cirrhosis of the liver. Any
diffuse fibrosis that destroys Citizens by election.
the normal architecture of Citizens who by virtue of
the liver. The most common certain legal provisions,
type is Laennec's or become such by choosing
alcoholic cirrhosis which is (electing) Philippine
the consequence of a citizenship at the age of
specific type of malnutrition twenty one (21) or within a
usually related to chronic reasonable time thereafter.
alcoholism and/or faulty [Paras, Phil. Conflict of Laws,
dietary habits. [Garol v. ECC, 8th Ed. (1996), p. 105].
GR L-55233. Nov. 29, 1988].
Citizenship. 1. Membership
Citation. A writ or order in a political society and
issued by a court implies a duty of allegiance
commanding the person on the part of the member
named therein to appear at and a duty of protection on
the time and place named; the part of the society.
also the written reference to These are reciprocal
legal authorities, precedents, obligations, one being a
reported cases, etc., in briefs compensation for the other."
or other legal documents. [Laurel v. Misa, GR L-409.
[Glossary of Legal Terms Jan. 30, 1947, citing 3
(Pro-Se), 2004]. Hackworth, Digest of Intl.
Law, 1942 Ed., p. 6]. 2. It
Citizen. One who, by birth, applies only to certain
naturalization or otherwise, members of the state
is a member of an accorded more privileges
independent political than the rest of the people
society, called a state, who owe it allegiance. Its
170
significance is municipal and Civil action. 1. An action

not international. [Cruz, Intl. brought to enforce or protect
Law Reviewer, 1996 Ed., p. private rights. [Glossary of
102]. Compare with Legal Terms (Pro-Se), 2004].
Citizenship. 2. An action by which a party
sues another for the
Citizens of the Philippines. enforcement or protection of
The following are citizens of a right, or the prevention or
the Philippines: (a) Those redress of a wrong. A civil
who are citizens of the action may either be
Philippines at the time of the ordinary or special. Both are
adoption of this Constitution; governed by the rules for
(b) those whose fathers or ordinary civil actions, subject
mothers are citizens of the to the specific rules
Philippines; (c) those born prescribed for a special civil
before Jan. 17, 1973, of action. [Sec. 3(a), Rule 1,
Filipino mothers, who elect RoC].
Philippine citizenship upon
reaching the age of majority; Civil Aeronautics Act of the
and (d) those who are Philippines, The. RA 776
naturalized in accordance entitled “An Act to
with law. [Art. IV, 1987 Phil. reorganize the Civil
Constitution]. Aeronautics Board and the
Civil Aeronautics
Civic welfare training Administration, to provide
service (CWTS). Programs for the regulation of civil
or activities contributory to aeronautics in the
the general welfare and the Philippines and authorizing
betterment of life for the the appropriation of funds
members of the community therefor” enacted on June
or the enhancement of its 20, 1952.
facilities, especially those
devoted to improving health, Civil Aeronautics Board
education, environment, (CAB). The agency which
entrepreneurship, safety, has the power to regulate
recreation and morals of the the economic aspect of air
citizenry. [Sec. 3, RA 9163]. transportation, and has the
general supervision and
Civil. Relating to private regulation of, and jurisdiction
rights and remedies sought and control over, air carriers
by civil actions as contrasted as well as their property,
with criminal proceedings. property rights, equipment,
[Glossary of Legal Terms facilities, and franchise.
(Pro-Se), 2004]. [Sec. 10, RA 776, as
amended].
171
made. [People v. Godoy, GR

Civil aircraft. Any aircraft 115908-09. Mar. 29, 1995].
other than a public aircraft. Compare with Criminal
[Sec. 3, RA 776]. contempt.
Civil Code. A collection of Civil corporation. A

laws which regulates the corporation established for
private relations of the business or profit, i.e., with a
members civil society, view toward realizing gains
determining their respective to be distributed among its
rights and obligations, with members. [De Leon, Corp.
reference to persons, things Code of the Phil. Annotated,
and civil acts. [Jurado, Civil 1989 Ed., p. 39]. Compare
Law Reviewer, 19th Ed. with Eleemosynary
(1999), p. 1, citing 1 corporation.
Tolentino, Civil Code, p. 10].
Civil engineering, practice
Civil Code of the of. The practice shall
Philippines. RA 386 entitled embrace services in the form
“An Act to ordain and of consultation, design,
institute the Civil Code of the preparation of plans,
Philippines” enacted on June specifications, estimates,
18, 1949 and took effect on erection, installation and
Aug. 30, 1950. supervision of the
construction of streets,
Civil conspiracy. The bridges, highways, railroads,
combination of two or more air-ports and hangars, port
persons for purposes of works, canals, river and
accomplishing by concerted shore improvements,
action either lawful purpose lighthouses, and dry docks;
by unlawful means or buildings, fixed structures
unlawful purpose by lawful for irrigation, flood
means. [Rep. v. protection, drainage, water
Sandiganbayan, GR 92594. supply and sewerage works;
Mar. 4, 1994, citing Black's demolition of permanent
Law Dict., 223, 5th Ed.)]. structures; and tunnels. The
enumeration of any work
Civil contempt. The failure shall not be construed as
to do something ordered to excluding any other work
be done by a court in a civil requiring civil engineering
action for the benefit of the knowledge and application.
opposing party therein and [Sec. 2, RA 544].
is, therefore, an offense
against the party in whose Civil fruits. The rents of
behalf the violated order is buildings, the price of leases
172
of lands and other property and written collection of the

and the amount of perpetual laws which apply to them
or life annuities or other and which judges must
similar income. [Art. 442, follow. [Duhaime's Legal
CC]. Dict., 2004]. 2. Law based on
a series of written codes or
Civilian supremacy laws. [Glossary of Legal
principle. Pol. Law. The Terms (Pro-Se), 2004].
doctrine that teaches the
supremacy of the sovereign Civil month. Also Solar
Filipino people in line with month. That which agrees
the principle that with the Gregorian calendar;
“sovereignty resides in the and these months are known
people and all government by the names of January,
authority emanates from February, March, etc. They
them,” and this supremacy are composed of unequal
is “at all times, supreme portions of time. [Gutierrez
over the military.” [Suarez, v. Carpio, GR 31025. Aug.
Pol. Law Reviewer, 1st Ed., 15, 1929, citing Bouvier's
2002, p. 60]. Law Dictionary].
Civil interdiction. The Civil obligations. Obligations

deprivation of the offender which give a right of action
during the time of his to compel their performance.
sentence of the rights of [Art. 1423, CC]. Compare
parental authority, or with Natural obligations.
guardianship, either as to
the person or property of Civil procedure. 1.
any ward, of marital Procedure that treats of the
authority, of the right to enforcement and protection
manage his property and of of rights in civil cases.
the right to dispose of such [Suarez, Intro. to Law, 1995
property by any act or any 3rd Ed., p. 204]. 2. The rules
conveyance inter vivos. [Art. and process by which a civil
34, RPC]. case is tried and appealed,
including the preparations
Civil law. 1. Law inspired by for trial, the rules of
old Roman Law, the primary evidence and trial conduct,
feature of which was that and the procedure for
laws were written into a pursuing appeals. [Glossary
collection; codified, and not of Legal Terms (Pro-Se),
determined, as is common 2004].
law, by judges. The principle
of civil law is to provide all Civil register. 1. The various
citizens with an accessible registry books and related
173
certificates and documents connected with the

kept in the archives of the organization or
local civil registry offices, administration of
Philippine Consulates and of government. They include
the Office of the Civil the rights of property,
Registrar General. [Sec. 2, marriage, equal protection of
RA 9053]. 2. The official the laws, freedom of
record of acts, events and contract, etc. Or, as
judicial decrees concerning otherwise defined, civil
the civil status of persons. rights are rights appertaining
[Art. 407, CC]. to a person by virtue of his
citizenship in a state or
Civil registrar (of city or community. Such term may
municipality). The head of also refer, in its general
the local civil registry office sense, to rights capable of
of the city or municipality, as being enforced or redressed
the case may be, who is in a civil action. [Simon v.
appointed as such by the CHR, GR 100150. Jan. 5,
city or municipal mayor in 1994, citing Black's Law
accordance with the Dict., 6th Ed., 1324].
provisions of existing laws.
[Sec. 2, RA 9048]. Civil Service Commission.
The central personnel
Civil registrar general. The agency of the [Philippine]
Administrator of the National Government. [Sec. 3, Art IX
Statistics Office (NSO) which (b), 1987 Phil. Constitution].
is the agency mandated to
carry out and administer the Civil Service Decree of the
provision of laws on civil Philippines. PD 807 entitled
registration. [Sec. 2, RA “Providing for the
9053]. organization of the Civil
Service Commission in
Civil registry. The public accordance with provisions
record where acts, events of the Constitution,
and judicial decrees prescribing its powers and
concerning the civil status of functions and for other
persons are entered. [Bench purposes” signed into law on
Book for Trial Court Judges, Oct. 6, 1975.
p. 3-4].
Civil society. Non-
Civil rights. Those (rights) government organizations
that belong to every citizen (NGOs) and people's
of the state or country, or, in organizations (POs). [Sec 4,
a wider sense, to all its RA 9275].
inhabitants, and are not
174
Civil war. A war between

opposing groups within the Claim to ownership. The
same state. [Intl. Law Dict. & documents serving as bases
Direct., 2004]. of awarding Torrens Title,
Transfer Certificate Title,
Claim. 1. Right to payment, Copy of Tax Declaration or
whether or not such right is Copy of Real Estate Tax
reduced to judgment, Receipt. [Memo. from the
liquidated, unliquidated, Exec. Sec. dated Aug. 20,
fixed, contingent, matured, 1998].
unmatured, disputed,
undisputed, legal, equitable, Clandestine. Something that
secured, or unsecured; or is purposely kept from the
right to an equitable remedy view or knowledge of others
for breach of performance if either in violation of the law
such breach gives rise to a or to conduct or conceal
right to payment, whether or some illegal purpose. A
not such right to an clandestine marriage would
equitable remedy is reduced be one which does not
to judgment, fixed, comply with laws related to
contingent, matured, publicity. [Duhaime's Legal
unmatured, disputed, Dict., 2004].
undisputed, secured,
unsecured. [Black's Law Clandestine laboratory. Any
Legal Dict., p. 224, 5th Ed.]. facility used for the illegal
2. A debt owing by a debtor manufacture of any
to another person or dangerous drug and/or
business. In probate controlled precursor and
parlance, the term used for essential chemical. [Sec 3,
debts of the decedent and a RA 9165].
procedure that must be
followed by a creditor to Clarificatory judgment. A
obtain payment from his judgment rendered by the
estate. [Glossary of Legal court, upon motion, when a
Terms (Pro-Se), 2004]. judgment previously
rendered is ambiguous and
Claim owner. 1. A holder of difficult to comply with.
an existing mining right. [Claridades, A., Compilation
[Sec. 3, RA 7076]. A holder of Notes, 2001-2006].
of valid and subsisting
mining claim(s). [Sec. 12, PD Class. Civil Service Law. All
1150]. positions in the government
service that are sufficiently
Claim preclusion. See similar as to duties and
Preclusion of claims. responsibilities and require
175
similar qualifications that only; and (d) it must apply

can be given the same title equally to all the members
and salary and for all of the class. [Assoc. of Small
administrative and Landowners v. Sec. of
compensation purposes, be Agrarian Reform, GR 78742.
treated alike. [Sec. 3, PD July 14, 1989].
807].
Class of position. Admin.
Class "A" containers. 20, Law. The basic unit of the
35, 40 footer-containers as Position Classification
per International Shipping System. A class consists of
Organization (ISO). [Sec. 1, all those positions in the
PPA Admin. Order 08-79]. system which are sufficiently
similar as to (a) kind or
Class "B" containers. subject matter of work; (b)
Containers owned by the level of difficulty and
shipping lines, the responsibility; and (c) the
measurement/sizes of which qualification requirements of
do not fall under the ISO the work, to warrant similar
standard. [Sec. 1, PPA treatment in personnel and
Admin. Order 08-79]. pay administration. [Sec. 3,
PD 985].
Classification. 1. The
grouping of persons or Class or representative
things similar to each other suit. When the subject
in certain particulars and matter of the controversy is
different from each other in one of common or general
these same particulars. interest to many persons,
[Assoc. of Small Landowners and the parties are so
v. Sec. of Agrarian Reform, numerous that it is
GR 78742. July 14, 1989]. 2. impracticable to bring them
The act of arranging all before the court, one or
positions according to broad more may sue or defend for
occupational groupings and the benefit of all. But in such
determining differences of case the court shall make
classes within each group. sure that the parties actually
[Sec. 3, PD 985]. before it are sufficiently
numerous and
Classification. Requirements representative so that all
for validity: (a) It must be interests concerned are fully
based on substantial protected. Any party in
distinctions; (b) it must be interest shall have a right to
germane to the purposes of intervene in protection of his
the law; (c) it must not be individual interest. [Sec. 12,
limited to existing conditions Rule 3, RoC].
176
and the goods listed on the

Classroom shortage. The bill. [Intl. Law Dict. & Direct.,
number of classrooms whose 2004].
construction, in considering
the number of students Clean bill of exchange.
divided by the existing Nego. Inst. One to which are
number of classrooms, shall not attached documents of
result in a student-classroom tile to be delivered to the
ratio of 45:1; classrooms person against whom the bill
shall mean those exclusively is drawn when he either
used for instructional accepts or pays the bill.
purposes and shall exclude [Diaz, Bus. Law Rev., 1991
offices, libraries, Ed., p. 365].
laboratories, workshops and
the like. [Sec. 3, RA 7880]. Clean bill of lading. A bill of
lading indicating that the
Class specification or goods have been properly
standards. A written loaded on board the carrier's
description of a class of ship. [Intl. Law Dict. &
position(s). It distinguishes Direct., 2004].
the duties, responsibilities
and qualification Cleaner production. The
requirements of positions in application of an integrated,
a given class from those of preventive environmental
other classes in the Position strategy to processes,
Classification System. [Sec. products, services to
3, PD 985]. increase efficiency and
reduce risk to humans and
Class suit. Requisites: (a) The the environment. [Sec 4, RA
subject matter of the 9275].
controversy is one of
common or general interest Clean hands. 1. A maxim of
to many persons; and (b) the the law to the effect that any
parties are so numerous that person, individual or
it is impracticable to bring corporate, that wishes to ask
them all before the court. or petition a court for judicial
[Mathay v. Consolidated action, must be in a position
Bank, 58 SCRA 559, 570 free of fraud or other unfair
(1974); Oposa v. Factoran, conduct. [Duhaime's Legal
224 SCRA 792, 802 (1993)]. Dict., 2004]. 2. An
established and familiar
Claused bill of lading. A bill principle that “he who comes
of lading indicating that to the courts must come
some discrepancy exists with clean hands.” [Silagan
between the goods loaded
177
v. IAC, GR 68743. May 8, agency cases. It governs the

1991]. amount of proof that must
be offered in order for the
Clean slate doctrine. Intl. plaintiff to win the case.
Law. Doctrine that a new [Glossary of Legal Terms
state coming into existence (Pro-Se), 2004].
through decolonization is
under no obligation to Clear and present danger
succeed to the treaties of its rule. The libertarian test
former colonial power. [Intl. which was originally
Law Dict. & Direct., 2004]. espoused by Justice Holmes
in Schenck v. US where he
Clean-up operations. 1. ruled that "the question in
Activities involving the every case is whether the
removal of pollutants words used are used in such
discharged or spilled into a circumstances and are of
water body and its such nature as to create and
surrounding areas, and the present danger that they will
restoration of the affected bring about the substantive
areas to their former evils that the State has a
physical, chemical and right to prevent. [In re:
biological state or Jurado, AM 93-2-037 SC. Apr.
conditions. [Sec 4, RA 9275]. 6, 1995]. Compare with
2. Activities conducted in Dangerous tendency
removing the pollutants doctrine and Balancing
discharged or spilled in test.
water to restore it to pre-spill
condition. [Sec. 62, PD Clearing agency. Any person
1152]. who acts as intermediary in
making deliveries upon
Clear and convincing proof payment effect settlement in
or evidence. 1. Proof (or securities transactions. [Sec.
evidence) that is more than 3, RA 8799].
mere preponderance, but
not to extent of such Clearing check. A banking
certainty as is required process to determine the
beyond reasonable doubt as existence of sufficiency of
in criminal cases. [Manalo v. funds against which a check
Roldan-Confesor, GR is drawn, and the crediting
102358. Nov. 19, 1992, of the account of the bank
citing Black's Law Dict., 5th sending said check for
Ed., p. 227]. 2. Standard of clearing, including the
proof (or evidence) verification of the other
commonly used in civil defects that will render the
lawsuits and in regulatory check stale or not payable.
178
[Moreno’s Law Dict., 2000 the like, which is visible to

Ed., p. 77]. the eyes or obvious to the
understanding, and can be
Clemency. Also Executive corrected or changed only
clemency. Act of grace or by reference to other
mercy by the President to existing record or records.
ease the consequences of a [Sec. 2, RA 9053]. 2. An
criminal act, accusation, or error made in copying or
conviction. [Glossary of writing. [Yu v. Rep., GR L-
Legal Terms (Pro-Se), 2004]. 20752. Nov. 25, 1967, citing
Black's Law Dict.].
Clerical errors. 1. Mistakes
by the clerk in copying or Clerk of court. 1. An
writing, the making of wrong essential officer in any
entries in the public records judicial system. His office is
contrary to existing facts. the hub of activities, both
[Lim v. Rep.. GR L-8932, May adjudicative and
13, 1937]. 2. Those mistakes administrative. The clerk of
that are clerical in nature or court keeps the records and
changes that are harmless seal, issues processes,
and innocuous, such as the enters judgments and
correction of a misspelled orders, and gives, upon
name or occupation of the request, certified copies
parents. [Ansaldo v. Rep., form the records. [Lloveras
102 Phil. 1046]. 3. Those v. Sanchez, AM P-93-817.
that are visible to the eyes Jan. 18, 1994]. 2.
or obvious to the Administrator or chief
understanding, or “errors clerical officer of the court.
made by a clerk or [Glossary of Legal Terms
transcriber, a mistake in (Pro-Se), 2004].
copying or writing.” [Black v.
Rep., 104 Phil. 848]. Client. One who engages the
Compare with Substantial ser-vices of a lawyer for
errors. legal advice or for purposes
of prosecuting or defending
Clerical or typographical a suit in his behalf and
error. 1. A mistake usually for a fee. [Pineda,
committed in the Legal and Judicial Ethics,
performance of clerical work (1999 Ed.), p. 5].
in writing, copying,
transcribing or typing an Clinic. A place in which
entry in the civil register that patients avail of medical
is harmless and innocuous, consultations or treatments
such as misspelled name or on an out-patient basis.
misspelled place of birth or However, any clinic or
179
dispensary where there is at than an open-end company.

least six beds or cribs or [Sec. 5, RA 2629]. See
bassinets installed for Open-end company.
twenty-four-hour use by
patients shall be construed Closed season. 1. The period
to fall within the definition of during which the taking of
a hospital as described in RA specified fishery species by
4226. [Sec. 2, RA 4226]. a specified fishing gear is
prohibited in a specified area
Close corporation. A or areas in Philip-pine
corporation whose articles of waters. [Sec. 4, RA 8550]. 2.
incorporation provide that: The period during which
(a) all the corporation's fishing is prohibited in a
issued stock of all classes, specified area or areas in
exclusive of treasury shares, Philippine waters, or to the
shall be held of record by not period during which the
more than a specified catching or gathering of
number of persons, not specified species of fish or
exceeding twenty (20); (b) fishery/aquatic products or
all the issued stock of all the use of specified fishing
classes shall be subject to gears to catch or gather fish
one or more specified or fishery/aquatic product is
restrictions on transfer prohibited. [Sec. 3, PD 704].
permitted by Title XII of the
Corporation Code; and (c) Closed shop. Labor. An
the corporation shall not list enterprise in which, by
in any stock exchange or agreement between the
make any public offering of employer and his employees
any of its stock of any class. or their representatives, no
Notwithstanding the person may be employed in
foregoing, a corporation any or certain agreed
shall not be deemed a close departments of the
corporation when at least enterprise unless he or she
two-thirds (2/3) of its voting is, becomes, and for the
stock or voting rights is duration of the agreement,
owned or controlled by remains a member in good
another corporation which is standing of a union entirely
not a close corporation comprised of or of which the
within the meaning of the employee in interest are a
Corporation Code. [Sec. 96, part. [Findlay Millar Timber
Corp. Code]. Compare with Co. v. Phil. Land-Air-Sea
Open corporation. Labor Union, GR L-18217 &
L-18222. Sep. 29, 1962].
Closed-end company. Any
investment company other
180
Closely held corporation. Clothier. One who makes or

Any corporation at least fifty sells cloths or clothing;
percent (50%) in value of the especially, one who sells
outstanding capital stock or ready-made clothing.
at least fifty percent (50%) [Hashim v. Posadas, GR
of the total combined voting 24402. Feb. 19, 1926].
power of all classes of stock Compare with Tailor.
entitled to vote is owned
directly or indirectly by or for Cloud on title. An
not more than twenty (20) outstanding instrument,
individuals. [Sec. 127, NIRC record, claim, encumbrance
as amended]. or proceeding which is
actually invalid or
Close of election inoperative, but which may
proceedings. As used in nevertheless impair or affect
Secs. 3 and 4 of the injuriously the title to
Implementing Rules of the property. [Tolentino, Civil
Labor Code, the phrase Code of the Phil., Vol. II,
refers to that period from Repr. 2001, p. 150, citing
the closing of the polls to the Phelps v. Harris, 101 US
counting and tabulation of 370].
the votes. [Phil. Fruits and
Vegetable Ind., Inc. v. Cluster housing. A single-
Torres, GR 92391. July 3, family attached dwelling
1992]. containing three or more
separate living units grouped
Closing argument. The closely together to form
closing statement, by relatively compact
counsel, to the trier of facts structures. [Sec. 3, BP 220].
after all parties have
concluded their presentation Cluster of schools. A group
of evidence. [Glossary of of schools which are
Legal Terms (Pro-Se), 2004]. geographically contiguous
and brought together to
Closing out sale. A improve the learning
consumer sale wherein the outcomes. [Sec. 4, RA 9155].
seller uses the
announcement to create the COA. See Commission on
impression that he is willing Audit.
to give large discounts or
merchandise in order to Coaccion. Sp. Unlawful
reduce, dispose or close out coercion. [US v. Mena, GR
his inventory and business. 4812. Oct. 30, 1908].
[Art. 4, RA 7394].

181
Coalition. An aggrupation of adjacent ocean space (water

duly registered national, and submerged land) in
regional, sectoral parties or which terrestrial processes
organizations for political and uses directly affect
and/or election purposes. oceanic processes and uses,
[Sec. 3, RA 7941]. and vice versa; its
geographic extent may
Coal. A black or brownish- include areas within a
black solid combustible rock landmark limit of one (1)
formed by the accumulation, kilometer from the shoreline
decomposition and at high tide to include
compaction of plant mangrove swamps, brackish
materials under a long water ponds, nipa swamps,
acting geological process. estuarine rivers, sandy
[Sec. 1.2, IRR, EO 354 dated beaches and other areas
5 July 1996]. within a seaward limit of 200
meters isobath to include
Coal Development Act of coral reefs, algal flats, sea
1976, The. PD 972 entitled grass beds and other soft-
“Promulgating an Act to bottom areas. [Sec. 4, RA
promote an accelerated 8550].
exploration, development,
exploitation, production and Coast Guard Law. RA 5173
utilization of coal” signed entitled “An Act creating a
into law on July 28, 1976. Philippine Coast Guard,
prescribing its powers and
Coal-fired power plant. An functions, appropriating the
electricity-generating plant necessary funds therefor,
which utilizes coal (whether and for other purposes”
locally produced or enacted on Aug. 4, 1967, as
imported) as fuel. [Sec. 1.2, amended by PD 601 signed
IRR, EO 354 dated 5 July into law on Dec. 9, 1974.
1996].
Coast police. An easement
Coal mine operator. Any imposed, under Arts. 8 to 10
person or instrumentality of the Spanish Law of Waters
(whether natural or juridical) of 1886, upon estates
who is engaged in coal adjacent to the sea or its
production and/or operation shores consisting in the
of coal-mining facility. [Sec. obligation of leaving a clear
1.2, IRR, EO 354 dated 5 July way not to exceed six
1996]. meters in breadth and
marked off by the
Coastal area or zone. A government within the
band of dry land and terrestrial coast zone.
182
[Moreno’s Law Dict., 2000 Wagnalls, and the 20th

Ed., p. 79]. Century Dict.].
Coast sea. The maritime COD. See Cash on delivery.

zone encircling the coasts, to
the full width recognized by Coddler. See Protector.
international law. The States
provides for and regulates Code. A system of words or
the police supervision and other symbols arbitrarily
uses of this zone, as well as used to represent words.
the right of refuge and [Sec. 42, RA 5921].
immunity therein, in
accordance with law and Code of Commerce. The
international treaties. Spanish Code of Commerce
[Amada v. Dir. of Lands, GR of 1885 with some
6866. Aug. 31, 1912]. adaptations made by the
“Comision de Codificacion de
Coastwise or interisland las Provincias de Ultramar,”
shipping service. A water extended to the Philippines
transport service which is by the Royal Decree dated
not considered as a Aug. 6, 1888, and became
continuation of the highway effective on Dec. 1, 1888.
when the two terminals are [Martin, Commentaries and
separated by an open sea. Jurisp. on Comml. Laws, Vol.
[San Pablo v. Pantranco 1, 1988 Rev. Ed., p. 1].
South Express, Inc.. GR L-
61461 & 61501. Aug. 21, Code of Conduct and
1987]. Compare with Ethical Standards for
Ferryboat service. Public Officials and
Employees. RA 6713
Cockfighting. The commonly entitled “An Act establishing
known game or term: a code of conduct and
cockfighting derby, pintakasi ethical standards for public
or tupada, or its equivalent officials and employees, to
terms in different Philippine uphold the time-honored
localities. [Sec. 4, PD 449]. principle of public office
being a public trust, granting
Cockfighting Law of 1974. incentives and rewards for
PD 449 signed into law on exemplary service,
May 9, 1974. enumerating prohibited acts
and transactions and
Cockpit. A pit or ring for providing penalties for
cockfighting. [US v. Estapia, violations thereof and for
GR L-12891. Oct. 19, 1917, other purposes” enacted on
citing Websters, Funk & Feb. 20, 1989.
183
purpose is realized.
Code of Muslim Personal [Gregorio, Fund. of Crim.
Laws of the Philippines. Law Rev., 1997 9th Ed., pp.
PD 1083 entitled “A Decree 687].
to ordain and promulgate a
code recognizing the system Coercions (compulsory
of Filipino Muslim laws, purchase of
codifying Muslim personal merchandise). Crim. Law.
laws, and providing for its The felony committed by any
administration and for other person, agent or officer, of
purposes” signed into law on any association or
Feb. 4, 1977. corporation who shall force
or compel, directly or
Code of Professional indirectly, or shall knowingly
Responsibility. The rules of permit any laborer or
conduct that govern the employee employed by him
legal profession. [Claridades, or by such firm or
A., Compilation of Notes, corporation to be forced or
2001-2006]. compelled, to purchase
merchandise or commodities
Code on Sanitation of the of any kind. [Art. 288, RPC].
Philippines. PD 856
enacted on Dec. 23, 1975. Coercions (payment of
wages by means of
Codicil. 1. A supplement or tokens). Crim. Law. The
addition to a will, made after felony committed by any
the execution of a will and person who shall pay the
annexed to be taken as a wages due a laborer or
part thereof, by which employee employed by him,
disposition made in the by means of tokens or
original will is explained, objects other than the legal
added to, or altered. [Art. tender currency of the
825, CC]. 2. An amendment laborer or employee. [Art.
to an existing will. It does 288, RPC].
not mean that the will is
totally changed; just to the Co-generation facility. A
extent of the codicil. facility which produces
[Duhaime's Legal Dict., electrical and/or mechanical
2004]. energy and forms of useful
thermal energy such as heat
Coercion. Exertion of physical or steam which are used for
violence or moral pressure industrial commercial
upon a person in a manner heating or cooling purposes
that is determined and through the sequential use
constant until the lawful of energy. [Sec. 4, RA 9136].
184
the person or persons

Cogitationis poenam nemo signing it. It is a written
meretur. Lat. No man authority of a debtor and a
deserves punishment for his direction by him for the
thoughts. [Salonga v. Paño, entry of judgment against
GR L-59524. Feb. 18, 1985]. him if the obligation set forth
in the note is not paid when
Cognition test. Crim. Law due. Such judgment may be
Complete deprivation of taken by any person holding
intelligence in committing the note which cuts off every
the (criminal) act. Compare defense which the maker of
with Volition. the note may otherwise have
and it likewise cuts of all
Cognition theory. Under this rights of appeal from any
theory, acceptance is judgment taken on it.
considered to effectively [Black’s Law Dict., Abr. 5th
bind the offeror only from Ed. (1983), p. 135; 43 Phil.
the time it came to his 444].
knowledge. [Suggested
Answer for the 1997 Bar, COGSA. See Carriage of
UPLC, (2002), p. 55]. Goods by Sea Act.
Compare with
Manifestation theory. Cohabit. To dwell or live
together as husband and
Cognovit judgment. wife; to live together as
Confession of judgment by husband and wife although
the debtor. Written authority not legally married; to live
of the debtor and his together in the same house,
direction for the entry of claiming to be married; to
judgment against him in the live together at bed and
event he shall default in board. [People v. Pitoc, GR
payment. Such provision in a 18513. Sep. 18, 1922, citing
debt instrument or Corpus Juris, vol. 11, p. 950].
agreement permits the
creditor or his attorney on Cohabitation. The term
default to appear in court implies living together and
and confers judgment having repeated sex.
against the debtor. [Black’s [Bitangcor v. Tan, Adm. Case
Law Dict., Abr. 5th Ed. (1983), 528-SBC. Feb. 25, 1982].
p. 135; 43 Phil. 444].
Coin. A piece of round metal,
Cognovit note. An which may sometimes be
extraordinary note which square or any shape either
authorizes an attorney to of gold, silver, nickel or
confess judgment against copper representing definite
185
intrinsic or exchange value, lessor and who binds himself

issued by the government to perform the obligations of
authority to be used as such lessee. [Moreno’s Law
money, and usually bearing Dict., 2000 Ed., p. 78].
on one side, commonly
called the obverse, an Collaboration. The acts of
allegory, sign, shield, effigy, working together in a joint
design, etc., containing the project. [Kilosbayan v.
inscription or legend Guingona, GR 113375. May
including all letters and 5, 1994].
numerals of the coin.
[Gregorio, Fund. of Crim. Collate. To arrange in order;
Law Rev., 1997 9th Ed., p. verify arrangement of pages
442, citing II Feria and before binding or fastening;
Gregorio]. put together. [Glossary of
Co-insurance. The
percentage in the value of Collateral. Property which
the insured property which has been committed to
the insured himself assumes guarantee a loan.
or undertakes to act as [Duhaime's Legal Dict.,
insurer to the extent of the 2004].
deficiency in the insurance
of the insured property. In Collateral agreement. Evid.
case of loss or damage, the A contract made prior to or
insurer will be liable only for contemporaneous with
such proportion of the loss or another agreement.
damage as the amount of [Claridades, A., Compilation
insurance bears to the of Notes, 2001-2006].
designated percentage of
the full value of the property Collateral attack. One that
insured. [Suggested Answer is made when, in another
for the 1994 Bar, UPLC, action to obtain a different
(2002), p. 107]. Compare relief, an attack on the
with Reinsurance. judgment is made as an
incident in said action. This
Coitus. 1. Sexual intercourse. is proper only when the
[People v. Tan, GR 89316. judgment, on its face, is null
July 12, 1990]. 2. Copulation. and void, as where it is
[People v. Padan, GR L-7295. patent that the court which
June 28, 1957]. rendered said judgment has
no jurisdiction. [Macabingkil
Co-lessee. One who jointly v. PHHC, 72 SCRA 326
with another enters into a (1976)]. Compare with
contract of lease with the
186
Direct attack against a of the creditor. In lieu of

judgment. these conventional
securities, alternative
Collateral attack of arrangements to secure the
corporate existence. One loans and ensure repayment
whereby corporate existence are offered and accepted.
is questioned in some [Sec. 3, RA 8425].
incidental proceeding not
provided by law for the Collateral line. That
express purpose of attacking constituted by the series of
the corporate existence. [De degrees among persons who
Leon, Corp. Code of the Phil. are not ascendants and
Annotated, 1989 Ed., p. descendants, but who come
152]. from a common ancestor.
[Art. 964, CC]. Compare with
Collateral descendant. A Direct line.
descendant that is not
direct, such as a niece or a Collateral trust bond. Corp.
cousin. [Duhaime's Legal Law. Bond secured by a lien
Dict., 2004]. on securities deposited with
a trustee constituting
Collateral estoppel. See collateral. [Diaz, Bus. Law
Conclusiveness of Rev., 1991 Ed., p. 269].
Judgment.
Collation. Succ. 1. The act of
Collateral facts. Facts that bringing into the mass of the
are outside the controversy, estate any property or right
or are not directly connected which a compulsory heir,
with the principal matter or who succeeds with other
issue in dispute, as indicated compulsory heirs, may have
in the pleadings of the received from the decedent,
parties. [Francisco, during the lifetime of the
Evidence, Vol. VII, Part 1, latter, by way of donation, or
1997 Ed., p. 61]. any other gratuitous title, in
order that it may be
Collateral fraud. See computed in the
Extrinsic fraud. determination of the legitime
of each heir, and in the
Collateral-free account of the partition. [Art.
arrangement. A financial 1061, CC]. 2. The fictitious
arrangement wherein a loan mathematical process of
is contracted by the debtor adding the value of the thing
without the conventional donated to the net value of
loan security of a real estate the hereditary estate.
or chattel mortgage in favor
187
[Claridades, A., Compilation hours of work and all other

of Notes, 2001-2006]. terms and conditions of
employment in a bargaining
Collecting agency. Any unit, including mandatory
person other than a provisions for grievances
practicing Attorney-at-Law and arbitration machineries.
engaged in the business of [Sec. 1, Rule 1, Book 5, IRR
collecting or suing debts or of LC]. 2. A contract
liabilities placed in his executed upon request of
hands, for said collection or either the employer or the
suit, by subscribers or exclusive bargaining
customers applying and representative incorporating
paying therefor. [Sec. 1, PD the agreement reached after
426]. See Mercantile negotiations with respect to
agency. wages, hours of work and all
other terms and conditions
Collection expense. An of employment, including
expense incurred to collect proposals for adjusting any
an obligation. It is in the grievances or questions
nature of actual damages arising under such
and therefore must be duly agreement. [Davao
proved. [Moreno’s Law Dict., Integrated Port Stevedoring
2000 Ed., p. 80]. Services v. Abarquez, GR
102132. Mar. 19, 1993].
Collection or collecting.
The act of gathering or Collective bargaining
harvesting wildlife, its by- agreement, gross
products or derivatives. violations of. Labor.
[Sec. 5, RA 9147]. Flagrant and/or malicious
refusal to comply with the
Collective bargaining. economic provisions of the
Labor. It denotes, in common Collective Bargaining
usage as well as in legal Agreement (CBA), which act
terminology, negotiations is considered as an unfair
looking toward a collective labor practice cognizable by
agreement. [Pampanga Bus the labor arbiter. [Poquiz,
Co. v. Pambusco Employees' Labor Rel. Law, 1999 Ed. p.
Union, 68 Phil. 541]. 22].
Collective bargaining Collective bargaining unit.

agreement (CBA). Labor. Labor. A group of employees
1. The negotiated contract of a given employer,
between a legitimate labor comprised of all or less than
organization and the all of the entire body of
employer concerning wages, employees, which the
188
collective interests of all the Collector. Any person or

employees, consistent with institution who acquires
equity to the employer, cultural properties and
indicate to be best suited to National cultural treasures
serve reciprocal rights and for purposes other than sale.
duties of the parties under [Sec. 3, RA 4846].
the collective bargaining
provisions of the law. [Belyca Collector or agent (cabo,
Corp. v. Ferrer-Calleja, GR L- cobrador, coriador or
77395. Nov. 29, 1988, citing variants thereof). Any
Rothenberg in Labor Rel., p. person who collects, solicits
482]. or produces bets in behalf of
his/her principal for any
Collective mark. 1. Any illegal numbers game who is
visible sign designated as usually in possession of
such in the application for gambling paraphernalia.
registration and capable of [Sec. 2, RA 9287].
distinguishing the origin or
any other common Collide. To come into violent
characteristic, including the contact; strike violently
quality of goods or services against each other.
of different enterprises [Moreno’s Law Dict., 2000
which use the sign under the Ed., p. 81].
control of the registered
owner of the collective mark. Collusion. A secret
[Sec. 40, RA 166]. 2. A mark agreement between two or
or symbol used by a group to more persons, who seem to
identify itself to its have conflicting interests, to
members. [Intl. Law Dict. & abuse the law or the legal
Direct., 2004]. system, deceive a court or to
defraud a third party.
Collective work. A work [Duhaime's Legal Dict.,
which has been created by 2004].
two (2) or more natural
persons at the initiative and Collusive action. From Lat.
under the direction of cullosio: a secret
another with the understanding. A suit where
understanding that it will be the parties are not at odds
disclosed by the latter under but where they cooperate to
his own name and that obtain a judgment. [Intl. Law
contributing natural persons Dict. & Direct., 2004].
will not be identified. [Art.
171, RA 8293]. Colorable imitation. 1. Close
or ingenious imitation as to
be calculated to deceive
189
ordinary persons, or such a Combination in restraint of

resemblance to the original trade. An agreement or
as to deceive an ordinary under-standing between two
purchaser giving such or more persons, in the form
attention as a purchaser of a contract, trust, pool,
usually gives, and to cause holding company, or other
him to purchase the one form of association, for the
supposing it to be the other. purpose of unduly restricting
[Etepha v. Dir. of Patents, GR competition, monopolizing
L-20635. Mar. 31, 1966, trade and commerce in a
citing 87 CJS, p. 287]. 2. certain commodity,
Such similarity in form, controlling its production,
content, words, sound, distribution and price, or
meaning, special otherwise interfering with
arrangement, or general freedom of trade without
appearance of the statutory authority. [Tatad v.
trademark or trade-name Sec. of Energy, GR 124360.
with that of the other mark Nov. 5, 1997, citing Black's
or trade name in their over- Law Dict., 6th Ed., p. 266].
all presentation or in their Compare with Monopoly.
essential, substantive and
distinctive parts as would Combustible, flammable or
likely mislead or confuse inflammable. Descriptive of
persons in the ordinary materials that are easily set
course of purchasing the on fire. [Sec. 3, PD 1185].
genuine article. [Emerald
Garment v. CA, GR 100098. Combustible fiber. Any
Dec. 29, 1995, citing Ruben readily ignitable and free
Agpalo, Trademark Law & burning fiber such as cotton,
Practice in the Phil., 1990, p. oakum, rags, waste cloth,
41]. waste paper, kapok, hay,
straw, spanish moss,
Colorable title. That title excelsior and other similar
which a person has when he materials commonly used in
acquired the thing in good commerce. [Sec. 3, PD
faith from whom he believes 1185].
to be the owner. [Moreno’s
Law Dict., 2000 Ed., p. 81]. Combustible liquid. Any
liquid having a flash point at
Combatants. Those who or above 37.8ºc (100ºf).
engage directly or indirectly [Sec. 3, PD 1185].
in the hostilities. [Cruz, Intl.
Law Reviewer, 1996 Ed., p. Comelec. See Commission
135]. on Elections.

190
Coming to court with of the complaint and the

unclean hands. See payment of all requisite
Unclean or dirty hands. docket and other fees.
[Davao Light & Power Co.,
Comity. From Lat. comitas: Inc. v. CA, GR 93262. Nov.
courteousness; or comitas 29, 1991].
gentium: the courteousness
of nations. 1. The practice or Commerce. 1. That branch of
courtesy existing between human activity, the purpose
countries whereby the laws of which is to bring products
and institutions of each are to the consumer by means
recognized and respected. of exchanges or operations
Comity is to be distinguished which tend to supply and
from international law, extend to him, habitually,
because international law is with intent to gain at the
a binding obligation and proper time and place and in
comity is not. [Intl. Law Dict. good quality and quantity
& Direct., 2004]. 2. The [Miravite, Bar Review
doctrine requiring courts of Materials in Comm. Law, 12th
one state to recognize the Ed., (2002), p. 1, citing 1
laws and judgments of Blanco 36]. 2. The sale,
competent courts of another lease, exchange, traffic or
state, in order to secure the distribution of goods,
reciprocal recognition by commodities, productions,
that foreign state of the laws services or property,
and the judgments of the tangible or intangible. [Art.
first state. [Tetley, Glossary 4, RA 7394].
of Conflict of Laws, 2004].
Commercial. Viewed with
Commencement of action. regard for profit. Designed
Rem. Law. 1. A civil action is for profit. [Moreno’s Law
commenced by the filing of Dict., 2000 Ed., p. 81].
the original complaint in
court. If an additional Commercial arbitration. An
defendant is impleaded in a arbitration that covers
later pleading, the action is matter arising from all
commenced with regard to relationships of a
him on the date of the filing commercial nature, whether
of such later pleading, contractual or not. [Sec. 3,
irrespective of whether the RA 9285].
motion for its admission, if
necessary, is denied by the Commercial bank. A
court. [Sec. 5, Rule 1, RoC]. business firm that maintains
2. An action properly custody of money deposited
commenced — by the filing by its customers and pays
191
on drafts written by its

customers. It earns its profits Commercial document. Any
by investing the money it instrument executed in
has on deposit. [Intl. Law accordance with the Code of
Dict. & Direct., 2004]. Commerce or any mercantile
law containing disposition of
Commercial blood bank. A commercial rights or
blood bank that exists for obligations. [Gregorio, Fund.
profit. [Sec. 3 (c), RA 7719]. of Crim. Law Rev., 1997 9th
Ed., p. 450].
Commercial broker. The
term includes all persons Commercial
other than importers, establishments.
manufacturers, producers or Department stores,
bona fide employees, who, supermarkets, shopping
far compensation or profit, malls, office buildings,
sell or bring about sales or hotels, theaters, stadiums,
purchases of merchandise condominiums, convention
for other persons, or bring centers, restaurant and the
proposed buyers and sellers like, used for business or
together, or negotiate freight profit. [Sec. 2, RA 7920].
or other business for owners
of vessels, or other means of Commercial fishing. 1. The
transportation, or for the taking of fishery species by
shippers, or consignors or passive or active gear for
consignees of freight carried trade, business & profit
by vessels or other means of beyond subsistence or sports
transportation. The term fishing, to be further
includes commission classified as: (a) Small scale
merchant. [Ker & Co. Ltd. v. commercial fishing — fishing
Lingad, GR L-20871. Apr. 30, with passive or active gear
1971, citing Sec. 194 (t), utilizing fishing vessels of
NIRC]. 3.1 gross tons (GT) up to
twenty (20) GT; (b) Medium
Commercial contract. The scale commercial fishing —
agreement between two or fishing utilizing active gears
more merchants, and at and vessels of 20.1 GT up to
times between those who one hundred fifty (150) GT;
are not, whereby they bind and 3. Large commercial
themselves to give or to do fishing — fishing utilizing
something in commercial active gears and vessels of
transactions. [Martin, more than one hundred fifty
Commentaries and Jurisp. on (150) GT. [Sec. 4, RA 8550].
Comml. Laws, Vol. 1, 1988 2. Fishing for commercial
Rev. Ed., p. 45]. purposes in waters more
192
than seven fathoms deep purpose of selling or

with the use of fishing boats otherwise disposing of the
more than three gross tons. cut or felled logs for profit.
[Sec. 3, PD 704; Sec. 3, PD [Sec. 3, RA 7611].
43].
Commercial papers. 1.
Commercial land. Land Instruments evidencing
devoted principally to indebtedness of any person
commercial purposes, and or entity which are issued,
generally for the object of endorsed, sold or transferred
profit. [Sec. 3, PD 464]. or in any manner conveyed
to another person or entity,
Commercial law. 1. That with or without recourse.
branch of private law which [Perez v. CA, GR L-56101.
regulates the juridical Feb. 20, 1984, citing The
relations arising from Money Market Industry
commercial acts. [Miravite, Today: A Question of
Bar Review Materials in Survival — by Horacio T.
Comm. Law, 12th Ed., (2002), Lava, Jr., PNB Quarterly, A
p. 1]. 2. The whole body of Supplement of the
substantive jurisprudence Philnabank News, 2nd Qtr.
applicable to the rights, 1978]. 2. An alternative
intercourse and relations of name for a negotiable
persons engaged in instrument. [Intl. Law Dict. &
commerce, trade, or Direct., 2004].
mercantile pursuits.
Commercial registry. 1. A
Commercial letter of book where entries are
credit. An instrument by made of merchants and of
which a bank, for the documents affecting their
account of a buyer of commercial transactions. 2.
merchandise, gives formal An office established for the
evidence to a seller, of its purpose of copying and
willingness to permit the recording verbatim certain
seller, to draw bills against classes of documents of
it, and stipulates in legal commercial nature.
form that all such bills will be [Claridades, A., Compilation
honored. [Claridades, A., of Notes, 2001-2006].
2006]. Commercial sand and
gravel permit. The permit
Commercial logging. The granted by the provincial
cutting, felling or destruction governor to any qualified
of trees from old growth and person to extract and
residual forests for the remove sand and gravel or
193
other loose or 1993, citing Feria, J., Civil

unconsolidated materials Proc., 1969 ed., p. 415]. 2.
which are used in their Admin. Law. A body
natural state, without composed of several persons
undergoing process-sing acting under lawful authority
from an area of not more to perform some public
than five hectares (5 has.) service. [Louisville Mun.
and in such quantities as Housing Commission v.
may be specified in the Public Housing Admin., 261
permit. [Sec. 46, RA 7942]. Southwestern Reporter, 2nd,
p. 286]. 3. A board or
Commercial scale. A scheme committee of officials
of producing a minimum appointed and empowered
harvest per hectare per year to perform certain acts or
of milkfish or other species exercise certain jurisdiction
including those raised in of a public nature or service.
pens, cages, and tanks. [Sec. [GMCR v. Bell Telecom, GR
4, RA 8550]. 126496. Apr. 30, 1997, citing
Black’s Law Dict., p. 246). 4.
Commercial scale fishpond A percentage or allowance
production. Production of made to a factor or agent for
fish in fully developed transacting business for
fishpond of not less than 500 another [Moreno's Phil. Law
kilograms of production per Dict., 3rd Ed., p. 852, citing
hectare per year. [Sec. 3, PD People v. Sua Bok, 1 OG
43]. 689].
Commission. Crim. Law. Commission agent. An

Doing or preparation; the agent who is authorized to
performance of an act. buy or sell for the principal
[Torres v. Gonzales, GR personal property and for
76872. July 23, 1987, citing which purpose said personal
Groves v. State, 116 Ga. property is placed in his
516]. possession. [Diaz, Bus. Law
Rev., 1991 Ed., p. 165]. See
Commission. 1. Rem. Law. Factor.
An instrument issued by a
court of justice, or other Commissioner. A person to
competent tribunal, to whom a case pending in
authorize a person to take court is referred, for him to
depositions, or do any other take testimony, hear the
act by authority of such parties and report thereon to
court or tribunal. the court, and upon whose
[Dasmariñas Garments v. report, if confirmed,
Reyes, GR 108229. Aug. 24, judgment is rendered.
194
[Claridades, A., Compilation and authority, and charged

of Notes, 2001-2006]. Also with the duty, to examine,
called Referee. audit and settle all accounts
pertaining to the
Commission of another expenditures or uses of
crime during service of funds owned by or
penalty imposed for pertaining to, the
another offense. The Government or any of its
commission by any person of subdivisions, agencies, or
a felony after having been instrumentalities. [Comm. of
convicted by final judgment, Int. Rev. v. COA, GR 101976.
before beginning to serve Jan. 29, 1993, citing Art. IX
such sentence, or while [D], Sec. 2 [1], 1987 Const.].
serving the same. [Art. 160,
RPC]. Commission on Elections.
An independent
Commission on constitutional body created
Appointments. The body by a 1940 amendment to the
created under Sec. 18, Art. 1935 Constitution. Since
VI of the 1987 Constitution then, its membership was
which acts on all enlarged and its powers
appointments submitted to it expanded by the 1973 and
(by the Executive 1987 Constitutions. The
Department) within thirty Commission exercises not
session days of the Congress only administrative and
from their submission. It quasi-judicial powers, but
consists of the President of judicial power as well.
the Senate, as ex officio [Comelec website].
Chairman, twelve Senators,
and twelve Members of the Commission on the Filipino
House of Representatives, Language Act. RA 7104
elected by each House on entitled “An Act creating the
the basis of proportional Commission on the Filipino
representation from the Language, prescribing its
political parties or powers, duties and
organizations registered functions, and for other
under the party-list system purposes” enacted on Aug.
represented therein. 14, 1991.
Commission on Audit Commit. To send a person to

(COA). It is not an executive prison, asylum, or
agency (but) is one of the reformatory by a court order.
three (3) independent [Glossary of Legal Terms
constitutional commissions. (Pro-Se), 2004].
It is vested with the power
195
Commitment or surrender eliminating any

of a child. The legal act of infection/infestation caused
entrusting a child to the care by plant pests. [Sec. 2, PD
of the DSWD or any duly 1433].
licensed child placement
agency or individual. [Art. Commodum ex injuria sua
141, PD 603]. nemo habere debet. Lat.
No one ought to be a gainer
Commixtion. The mixture of by his own wrong. [Ramos v.
things, solid or liquid, Central Bank, GR L-29352.
belonging to different Jan. 21, 1986].
owners, the mixture of
liquids being more Common areas and
specifically called Confusion. facilities. Portions of the
[Tolentino, Civil Code of the condominium property not
Phil., Vol. II, Repr. 2001, p. included in the units. [GOAL,
99]. Inc. v. CA, GR 118822. July
28, 1997]. Compare with
Commodatum. A contract of Unit.
loan whereby one of the
parties delivers to another, Common carriers. Also
either something not Public carriers. 1. Persons,
consumable so that the corporations, firms or
latter may use the same for associations engaged in the
a certain time and return it. business of carrying or
[Art. 1933, CC]. Compare transporting passengers or
with Simple loan. goods or both, by land,
water, or air, for
Commodity futures compensation, offering their
contract. An agreement to services to the public. [Art.
buy or sell a specified 1732, CC]. 2. Any
quantity and grade of a transportation facility which
commodity at a future date publicly undertakes to
at a price established at the transport persons or
floor of the exchange. property for a stated price
[Onapal Phils. Commodities, and without restriction.
Inc. v. CA, GR 90707. Feb. 1, [Torres, Oblig. & Cont., 2000
1993.] Ed., p. 348]. Compare with
Private carrier.
Commodity treatment. Any
form of treatment applied to Common knowledge. Things
plants, plant products, and of which courts take judicial
other materials capable of notice, (which) may be
harboring plant pests, for the matters coming to the
purpose of destroying or knowledge of men generally
196
in the course of the ordinary respecting marriage or moral

experiences of life, or may character, which may be
be matters which are given in evidence.
generally accepted by Monuments and inscriptions
mankind as true and are in public places may be
capable of ready and received as evidence of
unquestioned common reputation. [Sec.
demonstration. [State 41, Rule 130, RoC].
Prosecutors v. Muro, AM RTJ-
92-876. Sep. 19, 1994]. Common share. 1. A share
which entitles the holder
Common law. 1. Judge-made thereof to an equal pro rata
law. Law which exists and division of the profits, if
applies to a group on the there are any, and in its
basis of historical legal assets upon dissolution,
precedents developed over without any preference or
hundreds of years. Because advantage in that respect
it is not written by elected over other stockholder or
politicians but, rather, by class of stockholders but
judges, it is also referred to equally with all stockholders
as unwritten law. [Duhaime's except preferred
Legal Dict., 2004]. 2. Law stockholders. [De Leon,
established by subject Corp. Code of the Phil.
matter heard in earlier Annotated, 1989 Ed., p. 61].
cases. [Jurist’s Legal Dict., 2. The basic share in a
2004]. Also Case law. company. Typically, common
shares have voting rights
Common open markets. and a pro rata right to any
Also Palengke. (Markets) dividends declared. They
with dry and wet sections, differ from preferred which,
foodstalls, fruit and by definition, carry some
vegetable sections, etc., kind of right or privilege
where the retailers or above the common shares
market stall operators are (e.g., first to receive any
lessees who pay fixed rents dividends). [Duhaime's Legal
for the use of market space. Dict., 2004]. Compare with
[Cruz v. CA, GR L-44178. Preferred share.
Aug. 21, 1987].
Commonwealth Acts.
Common reputation. Statutes enacted during the
Reputation existing previous Commonwealth period from
to the controversy, 1936 to 1946. [Suarez, Stat.
respecting facts of public or Con., (1993), p. 42].
general interest more than
thirty years old, or
197
Communal claims. Claims on

land, resources and rights Communication to the
thereon, belonging to the public of a performance
whole community within a or a sound recording. The
defined territory. [Sec. 4, RA transmission to the public,
8371]. by any medium, otherwise
than by broadcasting, of
Communal irrigation sounds of a performance or
system (CIS). An irrigation the representations of
system that is managed by a sounds fixed in a sound
bona fide Irrigators recording. [Sec. 202, RA
Association. [Sec. 4, RA 8293].
8435].
Community facilities.
Communicate. In contracts Facilities or structures
of adhesion, like an intended to serve common
insurance contract, to serve needs and for the benefit of
notice in writing or to the community, such as:
correspond and effectively neighborhood, multi-purpose
communicate with the center, health center,
assured. [Moreno’s Law drugstore, school, livelihood
Dict., 2000 Ed., p. 84]. center, etc. [Sec. 3, BP 220].
Communication. The act of Community property. It

sharing or imparting, as in a shall consist of all the
conversation. The process by property owned by the
which meanings or thoughts spouses at the time of the
are shared between celebration of the marriage
individuals through a or acquired thereafter. [Art.
common system of symbols 91, FC].
(as language signs or
gestures). [Ramirez v. CA. Community property.
GR 93833. Sep. 28, 1995, Exceptions: (a) Property
citing Webster's 3rd New Intl. acquired during the
Dict., p. 460 (1976)]. marriage by gratuitous title
by either spouse, and the
Communication to the fruits as well as the income
public. The making of a thereof, if any, unless it is
work available to the public expressly provided by the
by wire or wireless means in donor, testator or grantor
such a way that members of that they shall form part of
the public may access these the community property; (b)
works from a place and time property for personal and
individually chosen by them. exclusive use of either
[Art. 171, RA 8293]. spouse. However, jewelry
198
shall form part of the criminal offender. [Llamas v.

community property; (c) Orbos, GR 99031. Oct. 15,
property acquired before the 1991]. 3. The reduction of a
marriage by either spouse sentence, as from death to
who has legitimate life imprisonment. [Glossary
descendants by a former of Legal Terms (Pro-Se),
marriage, and the fruits as 2004].
well as the income, if any, of
such property. [Art. 92, FC]. Company. 1. A corporation, a
registered partnership, or an
Commutation of leave association lawfully
credits, More commonly transacting business in the
known as Terminal leave. Philippines. [Sec. 3, RA
Commutation applied for by 2629]. 2. A legal entity,
an officer or employee who allowed by legislation, which
retires, resigns or is permits a group of people,
separated from the service as shareholders, to create an
through no fault of his own. organization, which can then
[Borromeo v. CSC, GR focus on pursuing set
96032. July 31, 1991, citing objectives, and empowered
Manual on Leave Admin. with legal rights which are
Course for Effectiveness, usually only reserved for
CSC, pp. 16-17). individuals, such as to sue
and be sued, own property,
Commutation of salary. hire employees or loan and
Commutation applied for by borrow money. [Duhaime's
an employee during Legal Dict., 2004]. Also
employment when he goes known as a Corporation.
on ordinary leave.
[Borromeo v. CSC, GR Company goodwill. The
96032. July 31, 1991]. product of a corporate
entity’s reputation in the
Commutation of sentence. business community brought
1. The change in the about by the investment and
sentence of the court made efforts of its stockholders
by the President which and officers. [Moreno’s Law
consists in reducing the Dict., 2000 Ed., pp. 85-85].
penalty imposed upon the See also Business goodwill
offender. Such substitutes and Goodwill.
the original penalty.
[Gregorio, Fund. of Crim. Company union. Any labor
Law Rev., 1997 9th Ed., p. organization whose
323]. 2. The reduction of formation, function or
penalty imposed. Its object is administration has been
the rehabilitation of the assisted by any act defined
199
as unfair labor practice by Compensable disease. Any

the Labor Code. [Art. 212, illness accepted and listed
LC]. by the Employees'
Compensation Com-mission
Comparative fault. A rule in (ECC) or any illness caused
maritime law where each by the employment subject
vessel involved in a collision to proof by the employee
is required to pay a share of that the risk of contracting
the total damages in the same was increased by
proportion to its percentage the working conditions.
of fault. See also [Rodriguez v. ECC, GR
Proportionate fault. 46454. Sep. 28, 1989].
Comparative negligence. 1. Compensable illness. It may

A principle of tort law which be: a) any illness definitely
looks at the negligence of accepted as an occupational
the victim and which may disease listed by the
lead to either a reduction of Employees’ Compensation
the award against the Commission, or b) any illness
defendant, proportionate to caused by employment,
the contribution of the subject to proof that the risk
victim's negligence, or which of contracting the same is
may even prevent an award increased by working
altogether if the victim's conditions. [Sierra v. GSIS,
negligence, when compared GR 50954. Feb. 8, 1989,
with the defendant, is equal citing PD 626].
to or greater in terms or
contributing to the situation Compensable injury. Any
which caused the injury or harmful change in the
damage. [Duhaime's Legal human organism from any
Dict., 2004]. 2. The rule accident arising out of and in
under which negligence is the course of the
measured by percentage, employment. [Honoguin v.
and damages are diminished ECC, GR 84307. Apr. 17,
in proportion to the amount 1989, citing Art. 167 (k), LC].
of negligence attributable to
the person seeking recovery. Compensable sickness. Any
[Glossary of Legal Terms illness definitely accepted as
(Pro-Se), 2004]. an occupational disease. Any
illness caused by
Compendious substitution. employment subject to proof
The substitution of one by the employee that the
person for two or more heirs. risk of contracting the same
[Art. 860, CC]. is increased by working

200
conditions. [Moreno’s Law are creditors and debtors of

Dict., 2000 Ed., p. 85]. each other. [Art. 1278, CC].
Compensable taking. There Compensation. Civ. Law. It

is compensable taking when takes place when two
the following conditions persons, in their own right,
concur: (a) the expropriator are creditors and debtors of
must enter a private each other. [Art. 1278, CC].
property; (b) the entry must
be for more than a Compensation. Civ. Law.
momentary period; (c) the Kinds: (a) Total when both
entry must be under warrant obligations are of the same
or color of legal authority; amount and are entirely
(d) the property must be extinguished; (b) partial
devoted to public use or when the two obligations are
otherwise informally of different amounts and the
appropriated or injuriously two obligations will be
affected; and (e) the extinguished only as to the
utilization of the property for concurrent amounts; (c)
public use must be in such a legal when it takes place by
way as to oust the owner operation of law even
and deprive him of beneficial without the knowledge of the
enjoyment of the property. parties; (d) voluntary when it
[Assoc. of Small Landowners takes place by agreement of
in the Phil. v. Sec. of the parties; and (e) judicial
Agrarian Reform, GR 78742. when it takes place by order
July 14, 1989]. of court in a litigation. [Diaz,
Compensatio morae. Lat. 52].
Delay committed by both
parties in reciprocal Compensation. Civ. Law.
obligations. [Diaz, Bus. Law Requisites: In order that
Rev., 1991 Ed., p. 6]. compensation may be
proper, it is necessary (a)
Compensation. 1. Labor. The that each one of the obligors
basic pay or salary received be bound principally, and
by an employee, pursuant to that he be at the same time
his employment or a principal creditor of the
appointment, excluding per other; (b) that both debts
diems, bonuses, overtime consist in a sum of money,
pay, and allowances. [Sec. 2, or if the things due are
PD 1146]. 2. Civ. Law. It consumable, they be of the
takes place when two same kind, and also of the
persons, in their own right, same quality if the latter has
been stated; (c) that the two
201
debts be due; (d) that they Ed., p. 347]. 2. Money to be

be liquidated and paid for the cost of the injury
demandable; (e) that over suffered. [Intl. Law Dict. &
neither of them there be any Direct., 2004]. See Actual
retention or controversy, damages.
commenced by third persons
and communicated in due Compensatory interest.
time to the debtor. [Art. Interest as damages for
1279, CC]. delay in payment (from date
of demand to date of
Compensation and Position payment). [Reins. Co. of the
Classification Act of 1989. Orient, Inc. v. CA, GR L-
RA 6758 entitled “An Act 61250. June 3, 1991].
prescribing a revised Compare with Monetary
compensation and position interest.
classification system in the
government and for other Competency. A witness's
purposes” enacted on Aug. ability to observe, recall and
21, 1989. Also known as recount under other what
Salary Standardization happened. Criminal
Act. defendants must also be
competent to stand trial;
Compensation or pay they must understand the
system. A system for nature of the proceedings
determining rates of pay for and have the ability to assist
positions and employees their lawyers. [Jurist’s Legal
based on equitable Dict., 2004].
principles to be applied
uniformly to similar cases. It Competent evidence.
consists, among others, of Evidence not excluded by
the Salary and Wage law in a particular case.
Schedules for all positions, [Francisco, Evidence, Vol.
and the rules and VII, Part 1, 1997 Ed., p. 6].
regulations for its
administration. [Sec. 3, PD Competition. A struggle for
985]. advantage between two or
more forces, each
Compensatory damages. A possessing, in substantially
definite sum of money similar if not identical
awarded to the plaintiff by a degree, certain
court as fair and just characteristics essential to
recompense for injury the business sought. It
sustained to a person, means an independent
property or even reputation. endeavor of two or more
[Torres, Oblig. & Cont., 2000 persons to obtain the
202
business patronage of a third redress. [Glossary of Legal

by offering more Terms (Pro-Se), 2004].
advantageous terms as an
inducement to secure trade. Complaint. Rem. Law. 1. A
The test must be whether concise statement of the
the business does in fact ultimate facts constituting
compete, not whether it is the plaintiff's cause or
capable of an indirect and causes of action. It shall
highly unsubstantial specify the relief sought, but
duplication of an isolated or it may add a general prayer
non characteristic activity. for such further or other
[Gokongwei v. SEC, GR L- relief as may be deemed just
45911. Apr. 11, 1979]. or equitable. The names and
residences of the parties
Competitive advantage. plaintiff and defendant must
Competitive edge in terms of be stated in the complaint.
product quality and/or price. [Sec. 3, Rule 6, RoC]. Crim
It likewise refers to the Proc. 2. A sworn written
ability to produce a product statement charging a person
with the greatest relative with an offense, subscribed
efficiency in the use of by the offended party, any
resources. [Sec. 4, RA 8435]. peace officer or other public
officer charged with the
Competitive bidding. A enforcement of the law
method of procurement violated. [Sec. 3, Rule 110,
which is open to RoC].
participation by any
interested party and which Complementary food. Any
consist of the following food, whether manufactured
processes: advertisement, or locally prepared, suitable
pre-bid conference, eligibility as a complement to
screening of bids, breastmilk or to infant
evaluations of bids, post- formula, when either
qualification, and award of becomes insufficient to
contract, the specific satisfy the nutritional
requirements and mechanics requirements of the infant.
of which shall be defined in Such food is also commonly
the IRR to be promulgated called weaning food or
under RA 9184. [Sec. 5, RA breastmilk supplement.
9184]. [Sec.4, EO 51, Oct. 20,
1986].
Complainant. The party who
complains or sues; one who Complete. Having all needed
applies to the court for legal parts, elements or details.
Thoroughly wrought out or
203
finished. [Moreno’s Law Complex crime. The crime

Dict., 2000 Ed., p. 86]. that results (a) when a single
act constitutes two or more
Complete appointment. grave or less grave felonies,
Admin. Law. Appointment or (b) when an offense is a
(which) becomes complete necessary means for
when the last act required of committing the other.
the appointing power is [People v. Carandang, GR L-
performed. [Lira v. CSC, GR 31012. Aug. 15, 1973, citing
L-62133. Sep. 30, 1986]. Art. 48, RPC].
Completeness of service. Complex crime proper. Also

Personal service is complete Delito complejo. An
upon actual delivery. Service offense which is a necessary
by ordinary mail is complete means for committing the
upon the expiration of ten other. [Gregorio, Fund. of
(10) days after mailing, Crim. Law Rev., 1997 9th Ed.,
unless the court otherwise p. 235, citing People v.
provides. Service by Pineda, GR L-26222. July 21,
registered mail is complete 1967]. Compare with
upon actual receipt by the Compound crime.
addressee, or after five (5)
days from the date he Complex penalty. A penalty
received the first notice of prescribed by law composed
the postmaster, whichever of three distinct penalties
date is earlier. [Sec. 10, Rule each forming a period, the
13, RoC]. lightest of which shall be the
minimum, the next shall be
Completeness test. The test the medium, and the most
to determine whether or not severe, the maximum.
there is a valid delegation of [Gregorio, Fund. of Crim.
legislative power under Law Rev., 1997 9th Ed., p.
which the law must be 284].
complete in all its terms and
conditions when it leaves the Complex subdivision plan.
legislature such that when it A subdivision plan of a
reaches the delegate the registered land wherein a
only thing he will have to do street, passageway or open
is enforce it. [Eastern space is delineated on the
Shipping Lines, Inc. v. POEA, plan. [Sec. 2, PD 957].
GR L-76633. Oct. 18, 1988].
Compare with Sufficient Complicated cataract. A
standard test. cataract caused by disease
of the uveal tract,
pigmentary retinal
204
degeneration, absolute more grave or less grave

glaucoma, retinal felonies. [Gregorio, Fund. of
detachment and old injuries. Crim. Law Rev., 1997 9th Ed.,
[Jarillo v. ECC, GR L-52058. p. 235]. Compare with
Feb. 25, 1982]. Complex crime proper.
Complimentary list. A list of Compounder. Every person

alternative drugs used when who, without rectifying,
there is no response to the purifying or refining distilled
core essential drug or when spirits shall, by mixing such
there is a hypersensitivity spirits, wine, or other liquor
reaction to the core essential with any materials except
drug or when, for one reason water, manufacture any
or another, the core intoxicating beverage
essential drug cannot be whatever. [Sec. 1, PD 426].
given. [Sec. 3, RA 6675].
Compound interest. Interest
Composicion con el estado. upon interest, where
Sp. Title or adjustment title. accrued interest is added to
[Dir. of Forestry v. Muñoz, the principal sum, and the
GR L-25459. June 28, 1968]. whole treated as a new
principal, for the calculation
Composite state. It consists of the interest for the next
of two or more states, each period. [Martin,
with its own separate Commentaries and Jurisp. on
government but bound Comml. Laws, Vol. 1, 1988
under one central authority Rev. Ed., p. 415]. Compare
exercising to a greater or with Simple interest.
less extent control over their
external relations and thus Compound penalty. An act
forming a separate punishable by two or more
international person. [Cruz, penalties, as where the law
Intl. Law Reviewer, 1996 Ed., provides that both fine and
p. 12]. Compare with imprisonment must be
Simple state. imposed. Thus, the law gives
no discretion to impose an
Compos mentis. Lat. Lat. alternative or only one
Sound mind. Having use and penalty. [Moreno’s Law Dict.,
control of one’s mental 2000 Ed., p. 86].
faculties. [Black’s Law Dict.,
Abr. 5th Ed. (1983), p. 150]. Comprehensive Agrarian
Reform Law (CARL). RA
Compound crime. Also 6657 entitled “An Act
Delito compuesto. A single instituting a Comprehensive
act which constitutes two or Agrarian Reform Program to
205
promote social justice and one already commenced.

industrialization, providing [Art. 2028, CC]. 2. An
the mechanism for its agreement between two or
implementation, and for more persons, who, for
other purposes” enacted on preventing or putting an end
June 10, 1988. to a lawsuit, adjust their
difficulties by mutual
Comprehensive newborn consent in the manner which
screening system. A they agree on, and which
newborn screening system everyone of them prefers to
that includes, but is not the hope of gaining,
limited to, education of balanced by the danger of
relevant stakeholders; losing. [David v. CA, 214
collection and biochemical SCRA 644, 650 (1992) citing
screening of blood samples Rovero v. Amparo, 91 Phil.
taken from newborns; 228, 235(1952); Arcenas v.
tracking and confirmatory Cinco, 74 SCRA 118, 123
testing to ensure the (1976)].
accuracy of screening
results; clinical evaluation Compulsion of irresistible
and biochemical/medical force. Such force exerted
confirmation of test results; that reduced a person to a
drugs and medical or mere instrument who acted
surgical management and not only without will but
dietary supplementation to against his will. The
address the heritable compulsion must be of such
conditions; and evaluation character as to leave the
activities to assess long term accused no opportunity for
outcome, patient compliance self-defense in equal combat
and quality assurance. [Sec. or for escape. [People v. De
4, RA 9288]. Los Reyes, GR 44112. Oct.
22, 1992].
Compromis d’ arbitrage.
Intl. Law. An agreement to Compulsory. Obligatory.
submit a dispute to an [Moreno’s Law Dict., 2000
arbitration or judicial Ed., p. 87].
settlement. [Coquia and
Santiago, Intl. Law, 3rd Ed. Compulsory arbitration. A
(1998), p. 492]. system whereby the parties
to a dispute are compelled
Compromise. 1. A contract by the government to forego
whereby the parties, by their right to strike and are
making reciprocal compelled to accept the
concessions, avoid a resolution of their dispute
litigation or put an end to through arbitration by a third
206
party. [Luzon Devt. Bank v. 93687. May 6, 1991].

Assoc. of Luzon Devt. Bank Compare with Permissive
Employees, GR 120319. Oct. counterclaim.
6, 1995, citing Seide, A Dict.
of Arbit. (1970)]. Compare Compulsory counterclaim.
with Voluntary Requisites: (a) It arises out
arbitration. of, or is necessarily
connected with, the
Compulsory counterclaim. transaction or occurrence
1. A counterclaim which, which is the subject matter
being cognizable by the of the opposing party's
regular courts of justice, claim; (b) it does not require
arises out of or is connected for its adjudication the
with the transaction or presence of third parties
occurrence constituting the over whom the court cannot
subject matter of the acquire jurisdiction; and (c)
opposing party's claim and the court has jurisdiction to
does not require for its entertain the claim. [Javier v.
adjudication the presence of IAC, 171 SCRA 605 (1989)].
third parties of whom the Compare with Permissive
court cannot acquire counterclaim.
jurisdiction. Such a
counterclaim must be within Compulsory heirs. Also
the jurisdiction of the court Forced heirs. The following
both as to the amount and are compulsory heirs: (a)
the nature thereof, except Legitimate children and
that in an original action descendants, with respect to
before the RTC, the their legitimate parents and
counterclaim may be ascendants; (b) in default of
considered compulsory the foregoing, legitimate
regardless of the amount. parents and ascendants,
[Sec. 7, Rule 6, RoC]. 2. A with respect to their
counterclaim which arises legitimate children and
out of or is necessarily descendants; (3) the widow
connected with the or widower; (d) illegitimate
transaction or occurrence children. [Art. 887, CC, as
that is the subject matter of amended by FC].
the opposing party's claim,
does not require for its Compulsory HIV testing.
adjudication the presence of HIV testing imposed upon a
third parties over whom the person attended or
court cannot acquire characterized by the lack of
jurisdiction, and the court or vitiated consent, use of
has jurisdiction to entertain physical force, intimidation
the claim. [Co v. CA, GR
207
or any form of compulsion. ship or vessel can come in or

[Sec. 4, RA 8504]. go out of a pier unless it is
commanded by a pilot.
Compulsory joinder of [Moreno’s Law Dict., 2000
indispensable parties. The Ed., p. 88].
joinder, either as plaintiffs or
defendants, of parties in Compulsory recognition of
interest without whom no natural children.
final determination can be Sometimes also called
had of an action. [Sec. 7, Judicial recognition.
Rule 3, RoC]. Recognition decreed by final
judgment of a competent
Compulsory motor vehicle court. It is governed by Art.
liability insurance. 1. A 283 and 284 (of the Civil
species of compulsory Code), setting forth the
insurance which provides for cases in which the father or
protection coverage that will mother, respectively, is
answer for legal liability for obliged to recognize a
losses and damages that natural child, and Art. 285,
may be sustained by another providing that generally, the
arising from the use and action for recognition of
operation of motor vehicle natural children may be
by its owner. [Sec. 373, IC, brought only during the
as amended by PD 1455 and lifetime of the presumed
1814]. 2. It is primarily parents. [Gapusan-Chua v.
intended to provide CA, GR 46746. Mar. 15,
compensation for the death 1990]. Compare with
or bodily injuries suffered by Voluntary recognition. of
innocent third parties or natural children.
passengers as a result of a
negligent operation and use Computer. Any device or
of motor vehicles. The apparatus singly or
victims and/or their interconnected which, by
defendants are assured of electronic, electro-
immediate financial mechanical, optical and/or
assistance, regardless of the magnetic impulse, or other
financial capacity of motor means with the same
vehicle owners. [Shafer v. function, can receive, record,
RTC of Olongapo City, GR transmit, store, process,
78848. Nov. 14, 1988]. Also correlate, analyze, projects,
Third party liability or retrieve, and/or produce
TPL. information, data, text,
graphics, figures, voice,
Compulsory pilotage. Mar. video, symbols or other
Law. A marine rule that no modes of expression or
208
perform any one or more of concealed; and (d) the other

these functions. [Sec. 5, RA party has not the means of
8792]. ascertaining the fact
concealed. [Claridades, A.,
Computerized election Compilation of Notes, 2001-
system. A system using 2006].
electronic devices to count
and canvass votes. [Sec. 2, Concerted activity. Labor. A
RA 8046]. joint undertaking of workers
designed to secure better
Computer set. A set of terms and conditions of
equipment containing employment through the
regular components, i.e., machinery of collective
monitor, CPU, keyboard and bargaining and negotiations
printer. [Sec. 2, RA 8436; for their mutual benefit and
Sec. 2, RA 8046]. protection. [Poquiz, Labor
Rel. Law, 1999 Ed. p. 237].
Con animo de lucro. Sp.
With intent to gain. [US v. Concession. Synonymous
Alabot, GR 13052. Oct. 4, with Alienation and
1918]. Disposition. Any of the
methods authorized by this
Conation or disorders of Act for the acquisition, lease,
volition. Legal Med. An use, or benefit of the lands
uncontrollable and of the public domain other
irresistible command to do than timber or mineral lands.
or not to do something. [Sec. 10, CA 141, as
[Olarte, Legal Med., 1st Ed. amended].
(2004), p. 150].
Concessionaire. The person
Concealment. Ins. A neglect to whom a concession has
to communicate that which a been granted or awarded
party knows and ought to under the provision of PD
communicate. [Sec. 26, IC]. 1219. [Sec. 3, PD 1219].
Concealment. Ins. Concession contract. The

Requisites: (a) A party knows award by the government to
a fact which he neglects to a qualified private entity of
communicate or disclose to the responsibility for
the other; (b) such party financing, operating,
concealing is duty bound to expanding, maintaining and
disclose such fact to the managing specific
other; (c) such party government-owned assets.
concealing makes no [Sec. 4, RA 9136].
warranty as to the fact
209
Concession especial. Sp. artificial rules of law to the

Special grant. [Dir. of facts pleaded [Siquian v.
Forestry v. Muñoz, GR L- People, GR 82197. Mar. 13,
25459. June 28, 1968]. 1989, citing Levins v.
Rovegno, 71 Cal. 273, 12 p.
Concession theory. The 161; Black's Law Dict., p.
theory espousing that a 362].
corporation, as known to
Philippine jurisprudence, is a Conclusive evidence.
creature without any Evidence which is
existence until it has incontrovertible or one which
received the imprimatur of the law does not allow to be
the state acting according to contradicted. [Claridades, A.,
law, through the SEC. [Tayag Compilation of Notes, 2001-
v. Benguet Consolidated, GR 2006]. Compare with Prima
L-23145. Nov. 29, 1968]. facie evidence.
Conciliation. From Lat. Conclusiveness of

conciliare: to call or bring judgment. Rem. Law. 1. A
together. 1. A form of fact or question which was in
alternative dispute issue in a former suit and
resolution in which the was there judicially passed
parties bring their dispute to upon and determined by a
a neutral third party, who court of competent
helps lower tensions, jurisdiction, is conclusively
improve communications, settled by the judgment
and explore possible therein as far as the parties
solutions. Conciliation is to that action and persons in
similar to mediation, but is privity with them are
may be less formal. concerned and cannot be
[Glossary of Legal Terms again litigated in any future
(Pro-Se), 2004]. 2. The action between such parties
process by which an or their privies, in the same
impartial third party makes court or any other court of
an independent investigation concurrent jurisdiction on
and suggests a solution to a either the same or different
dispute. [Intl. Law Dict. & cause of action, while the
Direct., 2004]. judgment remains
unreversed by proper
Conclusion of law. A authority. [Calalang v.
proposition not arrived at by Register of Deeds of Quezon
any process of natural City, 231 SCRA 88, 99-100].
reasoning from a fact or 2. It is governed by Rule 39,
combination of facts stated Sec. 47(c) of the Rules of
but by the application of the Court. [Kilosbayan v. Morato,
210
GR 118910. July 17, 1995]. the Royal Spanish Academy,

Also Collateral estoppel or 15 Ed., 1925].
Preclusion of issues.
Concurrent jurisdiction.
Conclusive presumption. The jurisdiction of two or
Evid. A presumption where more courts, each
no contrary evidence is authorized to deal with the
admitted. [Diaz, Bus. Law same subject matter.
Rev., 1991 Ed., p. 9]. Also [Jurist’s Legal Dict., 2004].
Presumption juris et de
jure. Compare with Concurrent proximate
Disputable presumption. cause theory. Ins. Where
two (2) proximate causes
Conclusive testimony. Evid. concurred in causing an
Generally, testimony which injury, one of which is
stands uncontradicted. insured against, the insurer
[Moreno’s Law Dict., 2000 is liable under the policy
Ed., p. 89]. irrespective of the
eventuality that there is
Concordat. Intl. Law. An another concurrent or
agreement by the Pope with proximate cause which
heads of States on constitutes an uncovered
ecclesiastical affairs. [Coquia risk. [Claridades, A.,
and Santiago, Intl. Law, 3rd Compilation of Notes, 2001-
Ed. (1998), p. 492]. 2006].
Concubinage. Crim. Law. The Concurrent Resolution. A

felony committed by any Resolution passed by both
husband who shall keep a chambers of the legislature.
mistress in the conjugal [Suarez, Stat. Con., (1993),
dwelling, or shall have p. 59].
sexual intercourse, under
scandalous circumstances, Concurring opinion. An
with a woman who is not his opinion that agrees with the
wife, or shall cohabit with result of the majority
her in any other place. [Art. opinion, but disagrees with
334, RPC]. some aspect of the
reasoning used to reach that
Concubine. A mistress or result. [Intl. Law Dict. &
women who lives or cohabits Direct., 2004]. Compare with
with a man as though he Dissenting opinion.
were her husband. [De Leon
v. Villanueva, GR 27738. Concurso de delitos. See
Mar. 13, 1928, citing Dict. of Plurality of crimes.

211
Concurso ideal. See Ideal make payment to the

plurality. indorsee or his transferee
whether the condition has
Concurso real. See Real been fulfilled or not. But any
plurality. person to whom an
instrument so indorsed is
Condemnation. 1. The act of negotiated will hold the
destroying valueless same, or the proceeds
supplies or property by thereof, subject to the rights
burning, pounding, throwing of the person indorsing
beyond recovery, or the like. conditionally. [Sec. 39, NIL].
[IRR on Supply & Prop. Mgt.,
per Sec. 383, LGC]. 2. The Conditional judgment. Rem.
legal process by which the Law. A judgment which
government takes private contains no disposition at all
land for public use, paying and is a mere anticipated
the owners a fair price. statement of what the court
[Glossary of Legal Terms shall do in the future when a
(Pro-Se), 2004]. See particular event should
Eminent domain. happen. [Co Unjieng E Hijos,
v. Mabalacat Sugar Co., GR
Condition. 1. A future and 45351. June 29, 1940].
uncertain event, or a past
event unknown to the Conditionally or qualifiedly
parties, upon the happening privileged
of which depends the communication. One
fulfillment or where circumstances exist,
extinguishments of the or are reasonably believed
obligation. [Diaz, Bus. Law by the defendant to exist,
Rev., 1991 Ed., p. 11]. 2. A which cast on him the duty
future and uncertain fact or of making a communication
event upon the fulfillment of to a certain other person to
which a juridical act is made whom he makes such
to depend. [Jurado, communication in the
Comments & Jurisp. on performance of such duty, or
Succession, 1991 8th Ed., p. where the person is so
209, citing Manresa, 7th Ed., situated that it becomes
p. 226]. right in the interest of
society that he should tell
Conditional indorsement. third persons certain facts,
Nego. Inst. An indorsement which he in good faith
that is conditional and which proceeds to do. [Sison v.
allows the party required to David, GR L-11268. Jan. 28,
pay the instrument to 1961, citing 33 Am. Jur. pp.
disregard the condition and 123- 125]. Compare with
212
Absolutely privileged acquisition of which depends

communication. upon an uncertain event.
Conditional obligation. An Ed., p. 89].
obligation the performance
or extinguishment of which Condition captatoria. Succ.
depends upon a future or The condition upon which
uncertain event, or upon a any disposition is made to
past event unknown to the the effect that the heir shall
parties. [Diaz, Bus. Law Rev., make some provision in his
1991 Ed., p. 11]. Compare will in favor of the testator or
with Pure obligation. of any other person. Such
disposition shall be void.
Conditional pardon. A [Art. 875, CC].
pardon that is in the nature
of a contract between the Condition precedent. A
sovereign power or the Chief contractual condition that
Executive and the convicted suspends the coming into
criminal to the effect that effect of a contract unless or
the former will release the until a certain event takes
latter subject to the place. [Duhaime's Legal
condition that if he does not Dict., 2004]. Compare with
comply with the terms of the Condition subsequent.
pardon, he will be
recommitted to prison to Condition subsequent. A
serve the unexpired portion condition in a contract that
of the sentence or an causes the contract to
additional one. [Alvarez v. become invalid if a certain
Director of Prisons, 80 Phil. event occurs. The happening
50]. Compare with Absolute of a condition subsequent
pardon. may invalidate a contract
which is, until that moment,
Conditional release. A fully valid and binding.
release from custody which [Duhaime's Legal Dict.,
imposes regulations on the 2004]. Compare with
activities and associations of Condition precedent.
the defendant. If a
defendant fails to meet the Conditions. Kinds: (a)
conditions, the release is suspensive condition
revoked. [Jurist’s Legal Dict., (condition precedent) or one
2004]. which suspends the
demandability of the
Conditional sales. An obligation until the
agreement relating to the happening of the event; (b)
sale of goods or things the resolutely condition
213
(condition subsequent) or incidents” enacted on June

one the happening of which 18, 1966.
will extinguish the
obligation; (c) potestative Condominium corporation.
condition or one which A corporation, stock or non-
depends upon the will of the stock, organized by owners
debtor; (d) casual or a of definite portions of a
condition which depends building for the effective
upon chance; (e) mixed maintenance thereof. [Diaz,
condition which depends Bus. Law Rev., 1991 Ed., p.
partly upon chance and 248].
partly upon the will of a third
person; and (f) impossible Condominium project. The
condition which is not entire parcel of real property
capable of fulfillment, legally divided or to be divided
or physically. [Diaz, Bus. Law primarily for residential
Rev., 1991 Ed., p. 10-11]. purposes into condominium
units, including all structures
Condominium. 1. A building thereon. [Sec. 2, PD 957].
with one or more storeys
composed of multi-unit Condominium unit. A part of
residential suites under joint the condominium project
ownership of occupants, intended for any type of
each unit provided with independent use or
complete sanitary facilities, ownership, including one or
utilities and other amenities. more rooms or spaces
[Sec. 63, PD 856]. 2. An located in one or more floors
interest in real property (or part of parts of floors) in
consisting of separate a building or buildings and
interest in a unit in a such accessories as may be
residential, industrial or appended thereto. [Sec. 2,
commercial building and an PD 957].
undivided interest in
common, directly or Condonation. Also
indirectly, in the land on Remission. An act of
which it is located and in liberality by which the
other common areas of the creditor without receiving
building. [Sec. 2, RA 4726]. anything renounces the
fulfillment of the obligation
Condominium Act, The. RA which, in consequences
4726 entitled “An Act to thereof, is extinguished
define Condominium, either totally or partially. It is
establish requirements for a form of donation. [Diaz,
its creation, and govern its Bus. Law Rev., 1991 Ed., p.
48].
214
Code of Professional
Condonation. Also Responsibility), (the term) is
Remission. Kinds: (a) not limited to conduct
Complete or total when the exhibited in connection with
entire obligation is the performance of
extinguished; (b) partial professional duties. [Lizaso
when only part of the v. Amante, Adm. Case 2019.
obligation is extinguished; June 3, 1991]. 2. Civ. Law.
(c) express when it is made When applied to equitable
either verbally or in writing; estoppel, the term embraces
(d) implied when it can only not only ideas conveyed by
be inferred form the words written or spoken and
conduct; (e) inter vivos when things actually done but also
it takes effect during the the silence of such person
lifetime of the donor; or (f) and his omission. [Moreno’s
mortis causa when it takes Law Dict., 2000 Ed., p. 90].
effect upon the death of the
donor and complies with the Conduct unbecoming a
formalities of a will and police officer. Any behavior
testament. [Diaz, Bus. Law or action of a Philippine
Rev., 1991 Ed., p. 49-50]. National Police (PNP)
member, irrespective of
Condonation. Also rank, done in his official
Remission. Requisites: (a) It capacity, which, in
must be gratuitous; (b) it dishonoring or otherwise
must be accepted by the disgracing himself as a PNP
obligor; (c) it must not be an member, seriously
inofficious donation; (d) the compromises his character
obligation must be and standing as a gentleman
demandable at the time of in such a manner as to
the remission; and (e) if indicate his vitiated or
expressly made, it must corrupt state of moral
comply with the forms of character. It may also refer
donation. [Diaz, Bus. Law to acts or behavior of any
Rev., 1991 Ed., p. 48, citing PNP member in an official or
Art. 1270, CC]. private capacity which, in
dishonoring or disgracing
Condone. To remit or forgive himself personally as a
a debt without expecting any gentleman, seriously
equivalent or compensation compromises his position as
therefor. [Moreno’s Law a PNP member and exhibits
Dict., 2000 Ed., p. 90]. himself as morally unworthy
to remain as a member of
Conduct. 1. Legal Ethics. As the organization. [Moreno’s
used in (Rule 1.01 of the Law Dict., 2000 Ed., p. 90].
215
operators and are, therefore,

Confederation. Intl. Law. An not binding on third persons
organization of states which unless agreed upon in a bill
retain their internal of lading or charter party.
sovereignty and, to some [Moreno’s Law Dict., 2000
extent, their external Ed., p. 90].
sovereignty, while
delegating to the collective Confession. 1. The
body the power to represent declaration of an accused
them as a whole for certain acknowledging his guilt of
limited and specified the offense charged, or of
purposes, such as common any offense necessarily
defense. [Cruz, Intl. Law included therein, which may
Reviewer, 1996 Ed., p. 13]. be given in evidence against
him. [Sec. 33, Rule 130,
Conference committee. RoC]. 2. An acknowledgment
Also Bicameral conference of guilt of the crime charged
committee. Two or of the facts which
committees, one appointed constitute the crime; but it is
by each house. It is normally an admission and not a
appointed for a specific bill confession if the facts
and its function is to gain acknowledged raise an
accord between the two inference of guilt only when
houses either by the considered with other facts.
recession of one house from [People v. Lorenzo, GR
its bill or its amendments or 110107. Jan. 26, 1995, citing
by the further amendment of 2 Underhill's Crim. Evidence
the existing legislation or by § 385 (5th Ed. 1956)].
the substitution of an Compare with Admission.
entirely new bill. Obviously,
the conference committee is Confession. Requisites for
always a special committee admissibility: (a) It must be
which considered it together voluntary; (b) it must be
with such other made with the assistance of
representatives of the house competent and independent
as seem expedient. counsel; (c) it ust be
[Tolentino v. Sec. of Finance, express, and (d) it must be
GR 115455. Aug. 25, 1994, in writing. [Dean Tupaz, 24
citing Sutherland, Statutes Hours Before the Bar (1st Ed.
and Stat. Con., Vol. 1, 4th Ed., 2005), p. 42, citing People v.
p.p. 293-294]. Janson, GR 125938, Apr. 4,
2003].
Conference rules. Mar. Law.
Rules agreed by and among Confession of judgment.
ship owners and ship Judgment where the
216
defendant, instead of for purposes of considering,

entering a plea, confesses conducting, participating,
action or withdraws his plea initiating, continuing of
and confesses action. reconvening mediation or
Judgment where a defendant retaining a mediator; and (c)
gives the plaintiff a cognovit pleadings, motions
or written confession of the manifestations, witness
action by virtue of which the statements, reports filed or
plaintiff enters judgment. submitted in an arbitration
[Black’s Law Dict., Abr. 5th or for expert evaluation.
Ed. (1983), p. 436]. [Sec. 3, RA 9285].
Confidential employee. Confidential relation. The

Admin. and Labor Laws. One relation which exists, under
entrusted with confidence on Art. 1339 of the Civil Code,
delicate matters, or with the between guardian and ward,
custody, handling, or care insurer and insured, and
and protection of the agent and principal.
employer's property. [Moreno’s Law Dict., 2000
[Panday v. NLRC, GR 67664, Ed., p. 91].
20 May 1992, 209 SCRA
122]. Confinement. A state of
being admitted in a hospital
Confidential information. or medical clinic for medical
Any information, relative to observation, diagnosis,
the subject of mediation or testing, and treatment
arbitration, expressly consistent with the
intended by the source not capability and available
to be disclosed, or obtained facilities of the hospital or
under circumstances that clinic. [Sec. 2, RA 8344].
would create a reasonable
expectation on behalf of the Confirmatory test. An
source that the information analytical test using a
shall not be disclosed. It device, tool or equipment
shall include: (a) with a different chemical or
communication, oral or physical principle that is
written, made in a dispute more specific which will
resolution proceedings, validate and confirm the
including any memoranda, result of the screening test.
notes or work product of the [Sec 3, RA 9165].
neutral party or non-party
participant, as defined in RA Confirmed letter of credit.
9285; (b) an oral or written The kind of obligation
statement made or which assumed by the
occurs during mediation or correspondent bank. In this
217
case, the correspondent Conflict of laws. Also known

bank gives an absolute as Private international
assurance of the beneficiary law. 1. A situation (which)
that it will undertake the arises only when: (a) there is
issuing bank's obligation as a dispute over the title or
its own according to the ownership of an immovable,
terms and conditions of the such that the capacity to
credit. [Feati Bank & Trust take and transfer
Co. v. CA, GR 94209. Apr. immovables, the formalities
30, 1991, citing Agbayani, of conveyance, the essential
Comml. Laws of the Phil., validity and effect of the
Vol. 1, pp. 81-83]. transfer, or the
Irrevocable credit. interpretation and effect of a
conveyance, are to be
Confirming bank. A determined; and (b) a
correspondent bank (which) foreign law on land
assumes a direct obligation ownership and its
to the seller and its liability conveyance is asserted to
is a primary one as if the conflict with a domestic law
correspondent bank itself on the same matters. Hence,
had issued the letter of the need to determine which
credit. [Feati Bank & Trust law should apply. [Laurel v.
Co. v. CA, GR 94209. Apr. Garcia, GR 92013. July 25,
30, 1991, citing Agbayani, 1990, citing Salonga, Private
Comml. Laws of the Phils., Intl. Law, 1981 Ed., pp. 377-
Vol. 1, p. 77]. 383]. 2. A term first coined
by Joseph Story in his 1st Ed.,
Conflict of interest. Admin. 1834 of that name. There
Law. The conflict that arises are three classic categories
when a public official or of conflicts: (a) choice of law;
employee is a member of a (b) choice of jurisdiction, and
board, an officer, or a (c) recognition and
substantial stockholder of a enforcement of foreign
private corporation or owner judgments. [Tetley, Glossary
or has a substantial interest of Conflict of Laws, 2004].
in a business, and the
interest of such corporation Confusion. The mixture of
or business, or his rights or liquids, belonging to
duties therein, may be different owners. [Tolentino,
opposed to or affected by Civil Code of the Phil., Vol. II,
the faithful performance of Repr. 2001, p. 99].
official duty. [Sec. 3, RA
6713]. Confusion. Also Merger. 1. It
takes place when the
characters of creditor and
218
debtor are merged in the the implementation of

same person with respect to particular executive actions.
the same obligation. [Diaz, The form may be either
Bus. Law Rev., 1991 Ed., p. negative, that is requiring
50-51]. 2. The meeting in disapproval of the executive
one person of the qualities of action, or affirmative,
obligee and obligor with requiring approval of the
respect to the same executive action. This device
obligation. [Torres, Oblig. & represents a significant
Cont., 2000 Ed., p. 139, attempt by Congress to
citing 4 Sanchez Roman, p. move from oversight of the
421]. executive to shared
administration. [Phil. Const.
Confusion. Also Merger. Assoc. v. Enriquez, citing
Requisites: (a) It must be Dixon, The Congressional
between the principal debtor Veto and Separation of
and creditor; and (b) it must Powers: The Executive on a
be complete. [Diaz, Bus. Law Leash, 56 North Carolina
Rev., 1991 Ed., p. 51]. Law Review, 423 (1978)].
Congenital cataract. A kind Conjugal. To appertain to the

of cataract the most marriage state. [Moreno’s
common cause of which is Law Dict., 2000 Ed., p. 92].
heredity. [Jarillo v. ECC, GR
L-52058. Feb. 25, 1982]. Conjugal partnership of
gains. The regime under
Congestive heart failure. A which the husband and wife
clinical syndrome which place in a common fund the
develops eventually in 50- proceeds, products, fruits
60% of all patients with and income from their
organic cardiovascular separate properties and
disease. It is defined as the those acquired by either or
clinical state resulting from both spouses through their
inability of the heart to expel efforts or by chance, and,
sufficient blood for the upon dissolution of the
metabolic demands of the marriage or of the
body. [Panangui v. ECC, GR partnership, the net gains or
L-56259. Mar. 18, 1983]. benefits obtained by either
or both spouses shall be
Congressional veto. A divided equally between
means whereby the them, unless otherwise
legislature can block or agreed in the marriage
modify administrative action settlements. [Art. 106, FC].
taken under a statute. It is a
form of legislative control in
219
Conjugal partnership that they cannot be

property. The following are separated without injury,
conjugal partnership thereby forming a single
properties: (a) Those object. [Tolentino, Civil Code
acquired by onerous title of the Phil., Vol. II, Repr.
during the marriage at the 2001, p. 98].
expense of the common
fund, whether the acquisition Connecting factors or
be for the partnership, or for contacts. In the conflict of
only one of the spouses; (b) law, connecting factors, or
those obtained from the contacts, are facts which
labor, industry, work or tend to connect a
profession of either or both transaction or occurrence
of the spouses; (c) the fruits, with a particular law or
natural, industrial, or civil, jurisdiction (e.g. the
due or received during the domicile, residence,
marriage from the common nationality or place of
property, as well as the net incorporation of the parties;
fruits from the exclusive the place(s) of conclusion or
property of each spouse; (d) performance of the contract;
the share of either spouse in the place(s) where the tort
the hidden treasure which or delict was committed or
the law awards to the finder where its harm was felt; the
or owner of the property flag or country of registry of
where the treasure is found; the ship; the ship owner’s
(e) those acquired through base of operations, etc.).
occupation such as fishing or Connecting factors are taken
hunting; (f) livestock existing into consideration and
upon the dissolution of the weighed by courts and
partnership in excess of the arbitrators, in determining
number of each kind brought the proper law to apply to
to the marriage by either decide the case or dispute.
spouse; and (g) those which [Tetley, Glossary of Conflict
are acquired by chance, of Laws, 2004].
such as winnings from
gambling or betting. Connivance (with the
However, losses therefrom prisoner). Under Art. 223 of
shall be borne exclusively by the Rev. Penal Code, an
the loser-spouse. [Art. 117, agreement between the
FC]. prisoner and the public
officer in his custody or
Conjunction or adjunction. charge to his escape.
The union of two things [Moreno’s Law Dict., 2000
belonging to different Ed., p. 93].
owners, in such a manner
220
Conniving with or that moment the parties are

consenting to evasion. bound not only to the
Crim. Law. The felony fulfillment of what has been
committed by any public expressly stipulated but also
officer who shall consent to to all the consequences
the escape of a prisoner in which, according to their
his custody or charge. [Art. nature, may be in keeping
223, RPC]. with good faith, usage and
law. [Art. 1315, CC].
Conquest. Intl. Law. 1. The Compare with Real
mode of acquisition of land contracts.
territory which is no longer
recognized, inasmuch as the Consensus. 1. A result
UN Charter prohibits resort achieved through
to threat or use of force negotiation whereby a
against the territorial hybrid solution is arrived at
integrity or political between parties to an issue,
independence of any state. dispute or disagreement,
[Sandoval, Pol. Law Reviewer comprising typically of
2003]. 2. The acquisition of concessions made by all
territory by force. [Intl. Law parties, and to which all
Dict. & Direct., 2004]. parties then subscribe
unanimously as an
Consanguinity. Kinship; acceptable resolution to the
blood relationship; the issue or disagreement.
connection or relation of [Duhaime's Legal Dict.,
persons descended from the 2004]. 2. The making of a
same stock or common decisions by general
ancestor. [Paras, Phil. agreement and in the
Conflict of Laws, 8th Ed. absence of any voiced
(1996), p. 305]. Compare objection. [Intl. Law Dict. &
with Affinity. Direct., 2004].
Consciente waiver. The Consent. 1. This is

voluntary waiver by the manifested by the meeting
vendee of his right to of the offer and the
warranty in case of eviction acceptance upon the thing
without the knowledge and and the cause which are to
assumption of the risks of constitute the contract. The
eviction. [Diaz, Bus. Law offer must be certain and the
Rev., 1991 Ed., p. 135]. acceptance absolute. A
qualified acceptance
Consensual contracts. constitutes a counter-offer.
Contracts that are perfected [Art. 1319, CC]. 2.
by mere consent, and from Agreement; voluntary
221
acceptance of the wish of [Warren Manufacturing

another. [Glossary of Legal Workers Union v. BLR, GR L-
Terms (Pro-Se), 2004]. 76185. Mar. 30, 1988].
Compare with Certification
Consented abduction. The election.
abduction of a virgin over
twelve years and under Consent judgment. A
eighteen years of age, judgment based on an
carried out with her consent agreement and which may
and with lewd designs. [Art. only be rendered when the
343, RPC]. Compare with parties on both sides ask for
Forcible abduction. it. [Moreno’s Law Dict., 2000
Ed., p. 93].
Consented abduction.
Elements: (a) the offended Conservation. 1.
party is a virgin, (b) she Preservation and sustainable
must be over twelve (12) utilization of wildlife, and/or
and under eighteen (18) maintenance, restoration
years of age, (c) the taking and enhancement of the
away of the offended party habitat. [Sec. 5, RA 9147]. 2.
must be with her consent, The complete preservation
after solicitation or cajolery or limited harvesting of coral
from the offender, and, (d) resources in such a way as
the taking away of the not to adversely affect the
offended party must be with sustained productivity of
lewd designs. [Perez v. CA, marine eco systems. [Sec. 3,
GR L-80838. Nov. 29, 1988]. PD 1219]. 3. The wise use
Compare with Qualified and optimum utilization of
seduction. mineral resources. [Sec. 4,
DENR Admin. Order 95-23].
Consent election. Labor. 1.
The election voluntarily Conservatorship. Legal right
agreed upon by the parties given to a person to manage
to determine the issue of the property and financial
majority representation of all affairs of a person deemed
the workers in the incapable of doing that for
appropriate collective himself or herself. [Glossary
bargaining unit. [Sec. 1, Rule of Legal Terms (Pro-Se),
1, Book 5, IRR of LC]. 2. An 2004]. See also
agreed election, its purpose Guardianship.
being merely to determine
the issue of majority Consideration. 1. Some
representation of all the right, interest, benefit, or
workers in the appropriate advantage conferred upon
collective bargaining unit. the promissor, to which he is
222
otherwise not lawfully several persons claimed to

entitled, or any detriment, be entitled to receive the
prejudice, loss, or amount due [Art. 1176, CC];
disadvantage suffered or (c) that previous notice of
undertaken by the promisee the consignation had been
other than to such as he is at given to the person
the time of consent bound to interested in the
suffer. [Gabriel v. Monte de performance of the
Piedad, 71 Phil. 497 (1941)]. obligation [Art. 1177, CC];
2. The “why” of the (d) that the amount due was
contracts, the essential placed at the disposal of the
reason which moves the court (Art. 1178, CC]; and (e)
contracting parties to enter that after the consignation
into the contract. [Gonzales had been made the person
v. Trinidad, 67 Phil. 682]. interested was notified
thereof (Art. 1178, CC].
Consign. To leave an item of Failure in any of these
property in the custody of requirements is enough
another. [Duhaime's Legal ground to render a
Dict., 2004]. consignation ineffective
[Ponce de Leon v. Santiago
Consignacion. Sp. A fish Syjuco., 90 Phil. 311].
broker. [Moreno’s Law Dict.,
2000 Ed., p. 94]. Consigned abroad.
Synonymous with the term
Consignation. The act of "enviado al extranjero"
depositing the thing due found in the Spanish version
with the court or judicial and signifies "sent or
authorities whenever the shipped abroad." [Sec. 1459,
creditor cannot accept or Act 2711].
refuses to accept payment
and it generally requires a Consignment. An
prior tender of payment. arrangement whereby the
[Limkako v. Teodoro, 74 Phil. goods are sent by one to
313]. another to be sold and
disposed by the latter for
Consignation. Requisites: (a) and on account of the
That there was a debt due; former. [Ongkiko v. CA, GR
(b) that the consignation of L-48777. Sep. 24, 1987,
the obligation had been citing Bouvier's Law Dict., 3rd
made because the creditor Ed., Vol. 1].
to whom tender of payment
was made refused to accept Consignment for sale. A
it, or because he was absent contract which creates the
or incapacitated, or because relationship of principal and
223
agent whereby title to the RPC]. 2. The common design

merchandise is retained by to commit a felony. It is not
the principal who, however, participation in all the details
authorizes the agent to sell of the execution of the
the merchandise for him and crime. All those who in one
to effectively transfer title way or another helped and
thereto in favor of the cooperated in the
purchaser. Usually, the consummation of the crime
principal fixes the price at are considered as co-
which the goods are to be principals. [Venturina v.
sold by the agent who, for Sandiganbayan, GR 78038.
his part, has the right to Jan. 18, 1991].
return the merchandise if he
cannot sell it at the desired Conspiracy. Crim. Law.
price. Likewise the principal Elements: To constitute
has the right to demand the conspiracy, there must be
return of the merchandise at intentional participation in
any time before it is sold. the transaction with a view
[Moreno’s Law Dict., 2000 to the furtherance of the
Ed., p. 95]. common design and
purpose. There must be
Consolidation. Corp. Law. 1. unity of purpose and unity in
The combination or union of the execution of the unlawful
two or more companies that objective. Mere knowledge,
results in the termination acquiescence or approval of
and dissolution of the the act, without cooperation
corporate existence of all or agreement to cooperate,
constituent companies and is enough. [People v.
the formation of a new Macatana, GR L-57061. May
company. [Tiopianco, 9, 1988].
Commentaries & Jurisp. on
the Ins. Code of the Phil., Constancia autentica. Sp.
1999 Ed., p. 207]. 2. When Authentic notice.
two companies join to [Claridades, A., Compilation
become parts of a new of Notes, 2001-2006].
company. [Intl. Law Dict. &
Direct., 2004]. Compare with Constituent function. Also
Merger. Governmental function.
Pol. Law. A function of
Conspiracy. Crim. Law. 1. It government which involves
exists when two or more the exercise of sovereignty
persons come to an and considered as
agreement concerning the compulsory. [Fontanilla v.
commission of a felony and Maliaman, GR 55963 &
decide to commit it. [Art. 8, 61045. Feb. 27, 1991].
224
Compare with Proprietary Constituent legislative

or Ministrant function. power. Pol. Law. The power
to amend or revise the
Constituent governmental Constitution. [Suarez, Pol.
functions. Pol. Law. The Law Reviewer, 1st Ed., 2002,
term constitutes the very p. 284].
bonds of society and are
compulsory in nature. Constitution. 1. A system of
President Wilson fundamental laws for the
enumerated the constituent governance and
functions as follows: (a) the administration of a nation. It
keeping of order and is supreme, imperious,
providing for the protection absolute and unalterable
of persons and property from except by the authority from
violence and robbery; (b) the which it emanates. [Manila
fixing of the legal relations Prince Hotel v. GSIS, GR
between man and wife and 122156. Feb. 3, 1997]. 2.
between parents and The fundamental and
children; (c) the paramount law of the nation.
regulation of the holding, [Manila Prince Hotel v. GSIS,
transmission, and GR 122156. Feb. 3, 1997,
interchange of property, and citing Marbury v. Madison, 5
the determination of its U.S. 138 (1803)]. 3. That
liabilities for debt or crime; body of rules and maxims in
(d) the determination of accordance with which the
contract rights between powers of sovereignty are
individuals; (e) the definition habitually exercised. [Cruz,
and punishment of crimes; Constl. Law, 1998 Ed., p. 3,
(f) the administration of citing Cooley, Constl.
justice in civil cases; (g) the Limitations, p. 4].
determination of the political
duties, privileges, and Constitutional law. The
relations of citizens; (h) fundamental law of the land
dealings of the state with which defines the powers of
foreign powers, the the government. [Suarez,
preservation of the state Stat. Con., (1993), p. 38].
from external danger or
encroachment and the Constitutional supremacy
advancement of its doctrine. The doctrine that
international interests. [SSS if a law or contract violates
Employees Assoc. v. Soriano, any norm of the constitution
GR L-18081. Apr. 30, 1963]. that law or contract whether
Compare with Ministrant promulgated by the
governmental functions. legislative or by the
executive branch or entered
225
into by private persons for others, by reason of the fact

private purposes is null and that the given case is not
void and without any force explicitly provided for in the
and effect. Thus, since the law [Caltex v. Palomar, GR L-
Constitution is the 19650. Sep. 29, 1966, citing
fundamental paramount and Black, Interpretation of Laws,
supreme law of the nation, it p. 1]. 2. The legal process of
is deemed written in every interpreting a phrase or
statute and contract. [Manila document; of trying to find
Prince Hotel v. GSIS, GR it's meaning. Whether it be a
122156. Feb. 3, 1997]. contract or a statute, there
are times when a phrase
Constitutional treaty. A may be unclear or of several
treaty adopted according to meanings. Then, either
the constitutional provisions lawyers or judges must
of the ratifying state. [Intl. attempt to interpret or
Law Dict. & Direct., 2004]. construct the probable aim
and purpose of the phrase,
Constitution of Liberty. The by extrapolating from other
Bill of Rights. [Homeowners' parts of the document or, in
Assoc. of the Phils., Inc. v. the case of statutes,
Mun. Board of the City of referring to a interpretation
Manila, GR L-23979. Aug. 30, law which gives legal
1968]. construction guidelines.
Constitutive doctrine. The 2004].
legal existence of a state or
government is dependent on Construction contractor. A
recognition by other states. natural or juridical person
[Intl. Law Dict. & Direct., organized and licensed
2004]. under Philippine laws, who
undertakes or offers to
Constitutum possessorium, undertake, or submits a bid
traditio. See Traditio to, or does himself or by or
constitutum through others, construct,
possessorium. alter, repair, add to, subtract
from, remove, move, wreck
Construction. 1. The art or or demolish any structure,
process of discovering and facility, project development
expounding the meaning or improvement, or to do
and intention of the authors any part thereof. The term
of the law with respect to its contractor includes general
application to a given case, engineering contractor,
where that intention is general building contractor
rendered doubtful, among and specialty contractor,
226
construction management, fraudulent because of its

engineering, and specialized tendency to deceive others,
consultancy group. [Sec. 3, to violate public or private
PD 1167]. confidence, or to injure
public interests. This usually
Constructive contempt. proceeds from a breach of
Contempt committed out of duty arising out of a
the presence of the court. fiduciary or confidential
The willful disobedience of relationship. [Berico v. CA,
the lawful process of the GR 96306. Aug. 20, 1993].
court, refusal to obey Compare with Actual fraud.
subpoenas, etc. [Narcida v.
Bowen, GR 6694. Mar. 26, Constructive or legal
1912]. Compare with Direct delivery. 1. The execution
contempt. of a sale made through a
public instrument which shall
Constructive discharge. A be deemed equivalent to the
quitting because continued delivery of the thing which is
employment is rendered the object of the contract, if
impossible, unreasonable or from the deed the contrary
unlikely; as an offer does not appear or cannot
involving a demotion in rank clearly be inferred. [Art.
and a diminution in pay. 1498, CC]. 2. Delivery which
[Moreno's Phil. Law Dict., 2nd takes place without actual
Ed., p. 129, citing the case of transfer of goods, but
Alia v. Salani Una includes symbolic delivery or
Transportation Co., 39527-R, substituted delivery as when
Jan. 29, 1971]. the evidence of title to the
goods, the key to the
Constructive dismissal. A warehouse or bill of
quitting because continued lading/warehouse receipt is
employment is rendered delivered. [Onapal Phils. v.
impossible, unreasonable or CA, GR 90707. Feb. 1, 1993,
unlikely; as, an offer citing Black's Law Dict. 515-
involving a demotion in rank 516 (4th Ed.)]. Compare with
and a diminution in pay. Actual or real delivery.
[Lemery Savings and Loan
Bank v. NLRC, 205 SCRA 492 Constructive possession.
(1992)]. Holding a valid title to
property. The subjection of
Constructive fraud. A the thing to one’s control.
breach of legal or equitable [Moreno’s Law Dict., 2000
duty which, irrespective of Ed., p. 97]. Compare with
the moral guilt of the fraud Actual possession.
feasor, the law declares
227
Constructive removal (from Civil Code of the Phil., Vol. II,

the service). Admin. Law. A Repr. 2001, p. 459-460]. See
reassignment that is Real tradition.
indefinite and results in a
reduction in rank, status and Constructive trust. Also
salary. [Bentain v. CA, GR Trust ex maleficio, Trust
89452. June 9, 1992]. ex delicto, Trust de son
tort, Involuntary trust, or
Constructive service of Implied trust. 1. Trust by
summons by publication. operation of law which arises
Service of summons contrary to intention and in
effected, by leave of court, invitum, against one who, by
upon the defendant who is fraud, actual or constructive,
designated in any action as by duress or abuse of
an unknown owner, or the confidence by commission of
like, or upon a defendant wrong, or by any form of
whose address is unknown unconscionable conduct,
and cannot be ascertained artifice, concealment, or
by diligent inquiry, by questionable means, or who
publication in a newspaper in any way against equity
of general circulation and in and good con-science, either
such places and for such has obtained or holds the
time as the court may order. legal right to property which
[Sec. 14, Rule 14, RoC]. he ought not, in equity and
good conscience, hold and
Constructive total loss. enjoy. [Roa v. CA, GR L-
Mar. Ins. A loss which gives 27294. June 28, 1983]. 2. A
to a person insured a right to remedial device by which
abandon, under Sec. 139 of the holder of legal title is
the Ins. Code. [Sec. 132, IC]. held to be a trustee for the
Compare with Actual total benefit of another who in
loss. good conscience is entitled
to the beneficial interest.
Constructive tradition. The [Magallon, v. Montejo, GR
delivery of movable and 73733. Dec. 16, 1986].
immovable things which is
not actual or material and is Consul. Intl. Law. An officer of
represented by other signs a commercial character,
or acts indicative thereof. Its appointed by the different
various kinds are: Traditio nations to watch over the
(or tradicion) simbolica, mercantile and tourist
Tradition longa manu, interests of the appointing
Tradition brevi manu, and nation and of its subjects in
Traditio constitutum foreign countries. A public
possessorium. [Tolentino, official residing in a foreign
228
country responsible for instrument presented to him

developing and protecting for registration by the party
the economic interests of his interested in it. 2. The
government and looking bringing to the attention of
after the welfare of his the Land Registration
government’s citizens who Commissioner (now
may be traveling or residing Administrator), either upon
within his jurisdiction. his certification stating the
[Black’s Law Dict., Abr. 5th question upon which he is in
Ed. (1983), p. 166]. doubt, or upon the
suggestion in writing by the
Consules electi. Intl. Law. party in interest, a step or
Consuls who may or may not act still undone by the
be nationals of the sending register of deeds by reason
state and perform their of his doubt. [Register of
consular functions only in Deeds of Manila v.
addition to their regular Magdalena Estate, GR L-
callings. [Cruz, Intl. Law 9102. May 22, 1959].
Consultation. The
Consules missi. Intl. Law. constitutionally mandated
Professional or career process whereby the public,
consuls who are nationals of on their own or through
the sending state and are people's organizations, is
required to devote their full provided an opportunity to
time to the discharge of their be heard and to participate
duties. [Cruz, Intl. Law in the decision-making
Reviewer, 1996 Ed., p. 89]. process on matters involving
the protection and
Consul general. Intl. Law. A promotion of its legitimate
consular officer of the collective interest, which
highest grade. [Black’s Law shall include appropriate
Dict., Abr. 5th Ed. (1983), p. documentation and feedback
166]. mechanisms. [Sec. 3, RA
7279].
Consulta. 1. The act of the
Register of Deeds in bringing Consulting architect. The
a matter to the Land architect registered and
Registration Commissioner licensed or permitted to
(now Administrator) when practice under RA 9266, who
the former is in doubt as to is professionally and
the proper step to be taken academically qualified and
or memorandum to be made with exceptional or
in pursuance of any deed, recognized expertise or
mortgage, or other specialization in any branch
229
of architecture. [Sec. 3, RA prospective purchasers,

9266]. lessees, recipients of
consumer products, services
Consulting services. or credit. [Sec. 4, RA 8800].
Services for infrastructure
projects and other types of Consumer Act of the
projects or activities of the Philippines. RA 7394
government requiring entitled “The Consumer Act
adequate external technical of the Philippines” enacted
and professional experts on Apr. 13, 1992.
that are beyond the
capability and/or capacity of Consumer credit. Any credit
the government to under- ex-tended by a creditor to a
take such as, but not limited consumer for the sale or
to: (I) advisory and review lease of any consumer
services; (ii) pre investment product or service under
or feasibility studies; (iii) which part or all of the price
design; (iv) construction or payment therefor is
supervision; (v) payable at some future time,
management and related whether in full or in
services; and (vi) other installments. [Art. 4, RA
technical services or special 7394].
studies. [Sec. 5, RA 9184].
Consumer goods. Goods
Consumables. 1. Those which are used or bought for
things whose use according use primarily for personal,
to their nature destroys the family or household
substance of the thing or purposes. Such goods are
causes their loss to the not intended for resale or
owner. Food is an example further use in the production
of a consumable thing. of other products. (Goods
[Tolentino, Civil Code of the which by their very nature
Phil., Vol. II, Repr. 2001, p. are ready for consumption.)
27, citing 1 Ruggiero 489]. 2. [Marsman & Co. v. First
Items for consumption (i.e. Coconut Central Co., GR L-
for satisfying a personal 39841. June 20, 1988, citing
need rather than for Black's Law Dict., 5th Ed.].
producing goods or
services). [Customs Admin. Consumer loan. A loan made
Order 3-95, Dec. 6, 1995]. by the lender to a person
which is payable in
Consumer. 1. Natural person installments for which a
or organized consumer finance charge is or may be
groups who are purchaser, imposed. This term includes
lessees, recipient, or credit transactions pursuant
230
to an open-end-credit plan are primarily personal,

other than a seller credit family, house-hold or
card. [Art. 4, RA 7394]. agricultural, or (b) a
solicitation or promotion by
Consumer products and a supplier with respect to a
services. Goods, services transaction referred to in
and credits, debts or clause (a). [Art. 4, RA 7394].
obligations which are
primarily for personal, Consummated contract. A
family, household or contract that is partially or
agricultural purposes, which completely executed.
shall include but not limited [Moreno’s Law Dict., 2000
to food, drugs, cosmetics, Ed., p. 98].
and devices. [Art. 4, RA
7394]. Consummated felony. A
felony where all the
Consumer product safety elements necessary for its
rule. A consumer product execution and
safety standard declaring a accomplishment are present.
consumer product banned [Art. 6. RPC].
hazardous product. [Art. 4,
RA 7394]. Consummation. The stage
when the parties perform
Consumers cooperative. their respective
One the primary purpose of undertakings under the
which is to procure and contract culminating in the
distribute commodities to extinguishment thereof.
members and nonmembers. [Ang Yu v. CA, GR 109125.
[Art. 23, RA 6938]. Dec. 2, 1994]. Compare with
Negotiation and
Consumer transaction. (a) Perfection.
(i) A sale, lease, assignment,
award by chance, or other Contact fire. The phrase
disposition of consumer implies that the muzzle of
products, including chattels the firearm had touched a
that are intended to be part of the victim's body.
affixed to land, or of [Austria v. People, GR
services, or of any right, 83530. Dec. 18, 1990].
title, or interest therein, Compare with Near contact
except securities as defined fire.
in the Securities Act and
contracts of insurance under Contacts. See Connecting
the Ins. Code, or (ii) a grant factors.
of provision of credit to a
consumer for purposes that
231
Contact tracing. The method for loading into the

of finding and counseling the container, the actual loading
sexual partner(s) of a person thereof nor the sealing of the
who has been diagnosed as container. Having no actual
having sexually transmitted knowledge of the kind,
disease. [Sec. 4, RA 8496]. quantity or condition of the
contents of the container,
Container. 1. Any form of the carrier issues the
packaging of products for corresponding bill of lading
sale as a normal retail unit, based on the declaration of
including wrappers. [Sec.4, the shipper. Then, the
EO 51, Oct. 20, 1986]. 2. Any matter of quantity,
structure designed to description and conditions of
contain, carry and keep the cargo is the sole
articles, materials and responsibility of the shipper.
products together inside a [United States Lines, Inc. v.
hold in the form of boxes, Comm. of Customs, GR
tanks, and the like, for 73490. June 18, 1987].
singular or unit handling and
transport, generally having Containerized or container
an internal volume or cargo. Cargoes packed
capacity of not less than one inside a container for easy
(1) cubic meter. Containers handling or transporting of
are further defined the same as a unit. [Sec. 1,
according to their uses as PPA Admin. Order 08-79].
dry cargo, refrigerated,
liquid bulk, platform, open Contamination. The
top, solid bulk, ventilated, production of substances not
etc. [Sec. 1, PPA Admin. found in the natural
Order 08-79]. composition of water that
make the water less
Containerization system. A desirable or unfit desirable
system devised to facilitate or unfit for intended use.
the expeditious and [Sec 4, RA 9275].
economical loading, carriage
and unloading of cargoes. Contemporanea expositio.
Under this system, the Lat. Contemporaneous
shipper loads his cargoes in exposition, or construction. A
a specially designed construction drawn from the
container, seals the time when, and the
container and delivers it to circumstances under which,
the carrier for the subject matter to be
transportation. The carrier construed, such as a custom
does not participate in the or statute, originated.
counting of the merchandise [People v. Simon, GR 93028.
232
July 29, 1994, citing Black's administration of the law

Law Dict., 4th Ed., 390]. into disrespect or to interfere
with or prejudice parties
Contemporanea expositio litigant or their witnesses
est optima et fortissima during litigation. [Halili v.
in lege. Lat. CIR, 136 SCRA 57 (1985)]. 2.
Contemporaneous exposition Some act or conduct which
or construction is the best tends to bring the authority
and strongest in the law. of the court in disrepute or
[People v. Puno, GR 97471. to interfere with the
Feb. 17, 1993, citing 2 Inst. administration of justice.
11; Black's Law Dict., 4th Ed., [Claridades, A., Compilation
390]. of Notes, 2001-2006]. 3.
Willful disobedience of a
Contemporaneous judge's command or of an
circumstances. The official court order. [Glossary
conditions existing at the of Legal Terms (Pro-Se),
time the law was enacted. 2004].
[Suarez, Intro. to Law, 1995
3rd Ed., p. 23]. Contentious action or
proceedings. See
Contemporaneous Adversarial action or
construction by executive proceedings.
officers. Construction
placed upon a statute by the Contestable market. The
executive officers whose electricity end-users who
duty it is to enforce it, and have a choice of a supplier
unless such interpretation is of electricity, as may be
clearly erroneous, will determined by the Energy
ordinarily be controlled Regulatory Commission
thereby. [In Re: Allen, GR (ERC) in accordance with RA
1455. Oct. 29, 1903]. 9136. [Sec. 4, RA 9136].
Compare with Prospective
construction. Contested case. Any
proceeding, including
Contempt. A willful disregard licensing, in which the legal
or disobedience. [Narcida v. rights, duties or privileges
Bowen, 22 Phil. 365; People asserted by specific parties
v. Rivera, 91 Phil. 354]. as required by the
Constitution or by law are to
Contempt of court. 1. A be determined after hearing.
defiance of the authority, [Sec. 2, Chap. 1, Book VII, EO
justice or dignity of the 292].
court; such conduct as tends
to bring the authority and
233
Contiguous. It means (a) in to that distance. [Sandoval,

physical contact; (b) Pol. Law Reviewer 2003]. 2.
touching along all or most of The seabed and subsoil of
one side; (c) near, text, or the submarine areas that
adjacent. [Webster's New extend beyond a coastal
World Dict., 1972 Ed., p. state's territorial sea
307]. throughout the natural
prolongation of its land
Contiguous zone. 1. Water, territory to the outer edge of
sea bottom and substratum the continental margin. A
measured twenty-four coastal state may claim a
nautical miles (24 n. m.) continental shelf of up to
seaward from the base line 200 miles from the baselines
of the Philippine archipelago. from which the territorial sea
[Sec. 3, RA 7942]. 2. A is measured even if the
maritime zone seaward of a continental margin is not
coastal state's territorial sea that far seaward; but its
that may extend out to a maximum claim can be no
distance of 24 miles from the more than 350 miles. [Intl.
baselines from which the Law Dict. & Direct., 2004].
territorial sea is measured.
In this zone, the coastal Continental stroke. An
state may turn back a ship upward movement of a knife
planning to commit illegal or blade instrument, causing
acts inside its territorial a stab wound. [Moreno’s Law
waters or arrest a ship Dict., 2000 Ed., p. 100].
leaving its territorial waters
that has violated local law. Contingent beneficiary. The
[Intl. Law Dict. & Direct., person named in a policy to
2004]. receive the proceeds at the
death of the insured in the
Continental shelf. 1. It event the Primary
comprises the seabed and beneficiary dies. [Tiopianco,
the subsoil of the submarine Commentaries & Jurisp. on
areas that extend beyond the Ins. Code of the Phil.,
the territorial sea throughout 1999 Ed., p. 28].
the natural prolongation of
the land territory to the Contingent claim. 1. One
outer edge of the continental which has not accrued, and
margin, or to a distance of which is dependent on the
200 miles from the baselines happening of some future
from which the territorial sea event. 2. Within the rule that
is measured where the outer claims against an estate
edge of the continental which are not contingent are
margin does not extend up barred if not presented
234
within a certain time, it is People, GR L-58886. Dec. 13,

one depending upon 1988].
something thereafter to
happen. Such a claim is not Continuing appropriations.
contingent after the Appropriations for specific
happening of the event. 3. A projects, such as those for
claim against a decedent, construction of physical
not absolute or certain, but structures, or for the
depending upon some event acquisition of real property
after the death of the or equipment, which shall
testator or intestate which continue to be available until
may or may not happen. A the project is completed or
subsisting demand against abandoned. Reversions shall
the estate of a deceased not be made or
person which had matured appropriations obligated by
and was capable of being contract. Appropriations not
enforced during the lifetime obligated by contract may
of the deceased is not a not be continued if the same
contingent claim. [Reyes v. would result in a negative
Rosenstock, GR 23718. Aug. balance in the
28, 1925]. unappropriated account of
the fund concerned. [Sec.
Continua. See Accession 14, PD 477].
continua.
Continuing crime. A crime
Continuance. Postponement which occurred on board a
of a legal proceeding to a foreign vessel, which began
later date. [Glossary of Legal when the ship was in a
Terms (Pro-Se), 2004]. foreign territory and
continued when it entered
Continued crime. A single into Philippine waters.
crime consisting of a series Hence, the crime is within
of acts but all arising from the jurisdiction of the local
one criminal resolution. It is courts. [US v. Bull, 15 Phil. 7,
a continuous, unlawful act or 27 (1910)].
series of acts set on foot by
a single impulse and Continuing guaranty. One
operated by an which is not limited to a
unintermittent force, single transaction, but which
however long a time it may contemplates a future
occupy. Although there are course of dealing, covering a
series of acts, there is only series of transactions,
one crime committed. generally for an indefinite
Hence, only one penalty time or until revoked. It s
shall be imposed. [Mallari v. prospective in its operation
235
and is generally intended to

provide security with respect Continuity of law principle.
to future transactions within The legal maxim that,
certain limits, and excepting that of a political
contemplates a succession nature, law once established
of liabilities, for which, as continues until changed by
they accrue, the guarantor some competent legislative
becomes liable. Otherwise power. It is not changed
stated, a continuing merely by chance of
guaranty is one which covers sovereignty. [Co Cham v.
all transactions, including Tan Keh, 75 Phil. 113. Sep.
those arising in the future, 17, 1945, citing Beale, Cases
which are within the on Conflict of Laws, III,
description or contemplation Summary Sec. 9].
of the contract of guaranty,
until the expiration or Continuous crime. A single
termination thereof. [Diño v. crime consisting of a series
ca GR 89775. Nov. 26, of acts arising from a single
1992]. criminal resolution or intent
not susceptible of division.
Continuing objections. [People v. Ledesma, 73
When it becomes reasonably SCRA 77 (1976)].
apparent in the course of the
examination of a witness Continuous easements.
that the questions being Those easements the use of
propounded are of the same which is or may be
class as those to which incessant, without the
objection has been made, intervention of any act of
whether such objection was man. [Art. 615, CC].
sustained or overruled, it
shall not be necessary to Continuous possession.
repeat the objection, it being Possession (that) is
sufficient for the adverse uninterrupted, unbroken and
party to record his not intermittent or
continuing objection to such occasional. [Dir. of Lands v.
class of questions. [Sec. 37, IAC, GR 68946. May 22,
Rule 132, RoC]. 1992, citing Black's Law
Dict., 5th Ed., 291].
Continuing offense. An
unlawful act performed Contraband. Any article the
continuously or over and importation or exportation of
over again. [Apiag v. which is prohibited by law.
Cantero, AM MTJ-95-1070. [Comm. of Customs v. CTA,
Feb. 12, 1997, citing Law GR L-33471. Jan. 31, 1972,
Dict., Robert E. Rothenberg). citing Black, Law Dict.].
236
entered into (e.g., implied

Contra bonos mores. Also warranties in a contract of
Contra bonus mores. Lat. sale); and (c) accidental
Contrary to good morals. elements or the particular
Elements. (a) There is an act stipulations established by
which is legal; (b) but which the parties (e.g., interests in
is contrary to morals, good a contract of loan). [Diaz,
custom, public order, or Bus. Law Rev., 1991 Ed., p.
public policy; (c) and it is 64].
done with intent to injure.
Thus, under any of these Contract. Civ. Law. Essential
three (3) provisions of law, requisites: (a) Consent of the
an act which causes injury to contracting parties; (b)
another may be made the object certain which is the
basis for an award of subject matter of the
damages. [Albenson contract; (c) cause of the
Enterprises Corp. v. CA, GR obligation which is
88694. Jan. 11, 1993]. established. [Art. 1318, CC].
Contract. Civ. Law. A meeting Contract-add-and-operate.

of minds between two A contractual arrangement
persons whereby one binds whereby the project
himself, with respect to the proponent adds to an
other, to give something or existing infrastructure
to render some service. [Art. facility which it is renting
1305, CC]. Contracts, in from the government. It
general, are perfected by operates the expanded
mere consent, which is project over an agreement
manifested by the meeting franchise period. There may,
of the offer and the or may not be, a transfer
acceptance upon the thing arrangement in regard to the
and the cause which are to facility. [Sec. 2, RA 7718].
constitute the contract. The
offer must be certain and the Contract area. Land or body
acceptance absolute. [Adelfa of water delineated for
Properties v. CA, GR 111238. purposes of exploration,
Jan. 25, 1995]. development, or utilization
of the minerals found there-
Contract. Civ. Law. Classes of in. [Sec. 3, RA 7942].
elements: (a) Essential
elements without which Contract-bar rule. A
there is no valid contract; (b) principle in labor law that a
natural elements or those collective bar-gaining
presumed to exist by the agreement of reasonable
fact that the contract was duration is, in the interest of
237
the stability of industrial the thing sold and the

relations, a bar to vendor has lost and cannot
certification elections. [CCLU recover ownership until and
v. NLRC, GR L-38955-56. unless the contract is
Oct. 31, 1974]. resolved or rescinded.
Contract for a piece of of Notes, 2001-2006].
work. See Piece of work Compare with Contract to
contract. sell.
Contract implied in fact. An Contract of sale. Elements:

agreement arrived at by a a) Consent or meeting of the
consideration of the acts and minds, that is, consent to
conducts of the parties transfer ownership in
involved. [Claridades, A., exchange for the price; b)
Compilation of Notes, 2001- Determinate subject matter;
2006]. and c) Price certain in money
or its equivalent. [GR
Contract of adhesion. One 103577. Oct. 7, 1996.
in which one of the parties Coronel v. CA].
imposes a ready-made form
of contract, which the other Contract of sale. Stages: (a)
party may accept or reject, Preparation, conception, or
but which the latter cannot generation, which is the
modify. [PCIBank v. CA, GR period of negotiation and
97785. Mar. 29, 1996, citing bargaining, ending at the
Tolentino, Civil Code of the moment of agreement of the
Phil., Vol. IV (1986 Ed.), p. parties; (b) perfection of
506]. birth of the contract, which
is the moment when the
Contract of affreightment. parties come to agree on the
See Affreightment terms of the contract; and
contract. (c) consummation or death,
which is the fulfillment or
Contract of agency. See performance of the terms
Agency and Agency agreed upon in the contract.
contract. [Tolentino, Commentaries
and Jurisp. on the Civil Code
Contract of pure of the Phil., Vol. 4, 1985 Ed.,
beneficence. See 411; Paras, Civil Code of the
Gratuitous contract. Phil. Annotated, vol. 4, 1989
Ed., 490].
Contract of sale. A contract
wherein title passes to the Contractor. 1. A qualified
vendee upon the delivery of person acting alone or in
238
consortium who is a party to contractor. [Sec. 9, RA

a mineral agreement or to a 4566].
financial or technical
assistance agreement. [Sec. Contractor's Bond Act. Act
3, RA 7942]. 2. Any entity No. 3959. [Expressly
accredited under the laws repealed by the Labor Code].
which may or may not be
the project proponent and Contractors' License Law.
which shall undertake the RA 4566 entitled “An Act
actual construction and/or creating the Philippine
supply of equipment for the Licensing Board for
project. [Sec. 2, RA 7718]. 3. Contractors, prescribing its
A person, natural or juridical, powers, duties and
not subject to professional functions, providing funds
tax, whose activity consists therefor, and for other
essentially of the sale of all purposes” enacted on June
kinds of services for a fee, 19, 1965.
regardless of whether or not
the performance of the Contract to sell. A bilateral
service calls for the exercise con-tract whereby the
or use of the physical or prospective seller, while
mental faculties of such expressly reserving the
contractor or his employees. ownership of the subject
[Sec. 131, RA 7160]. 4. The property despite delivery
term is deemed synonymous thereof to the prospective
with the term builder and, buyer, binds himself to sell
hence, any person who the said property exclusively
undertakes or offers to to the prospective buyer
undertake or purports to upon fulfillment of the
have the capacity to condition agreed upon, that
undertake or submits a bid is, full payment of the
to, or does himself or by or purchase price. [Coronel v.
through others, construct, CA, GR 103577. Oct. 7,
alter, repair, add to, subtract 1996]. Compare with
from, improve, move, wreck Contract of sale.
or demolish any building,
highway, road, railroad, Contractual reservation of
excavation or other title. See Pactum
structure, project, reservati dominii.
development or
improvement, or to do any Contract worker. Any person
part thereof, including the working or who has worked
erection of scaffolding or overseas under a valid
other structures or works in employment contract and
connection therewith. The shall include seamen or any
239
person working overseas or 2001-2006]. 2. A rule

who has been employed by premised on the belief that if
another which may be a a party is able to stipulate
local employer, foreign terms, or is the party who
employer, principal or writes the contract, then
partner under a valid implicitly he occupies the
employment contract and stronger position. To redress
shall include seamen. the imbalance between the
[Eastern Shipping Lines v. parties, contra proferentem
POEA, GR L-76633. Oct. 18, holds that the interpretation
1988, citing 1985 Rules and that favors the other party
Regulations on Overseas will be chosen. [Tetley,
Employment]. Glossary of Conflict of Laws,
2004].
Contradictory evidence.
Testimony or evidence, Contrato inexistente. In
consisting of prior Spanish law, a contract void
inconsistent statements, ab initio. [Moreno’s Law
presented by the same Dict., 2000 Ed., p. 104].
witness in the same case.
[Moreno’s Law Dict., 2000 Contrato nulo. In Spanish
Ed., p. 104]. law, a voidable contract.
Contra factum non valet Ed., p. 104].
argumentum. Lat. Against
this fact no argument can Contribution. The amount
prevail. [Fed. of Free paid by or in behalf of a
Farmers v. CA, GR L-41161. member to the National
Sep. 10, 1981] Health Insurance Program
for coverage, based on
Contrahaciendo. Sp. Hacer salaries or wages in the case
una cosa tan parecida a otra of formal sector employees,
que con dificultad se and on household earnings
distingan. Eng. To make a and assets, in the case of
thing of such close self-employed, or on other
resemblance to another that criteria as may be defined by
it is distinguished only with the Phil. Health Ins. Corp.
difficulty. [US v. Paraiso, GR (PHIC) in accordance with
91. Nov. 13, 1901]. Compare the guiding principles set
with Fingir. forth in Art. 1 of RA 7875, as
amended. [Sec. 1, RA 9241].
Contra proferentem. Lat. 1.
Against the party proffering Contributory negligence
the evidence. [Claridades, doctrine. 1. The act or
A., Compilation of Notes, omission amounting to want
240
of ordinary care on the part corporation possessing at

of the person injured which, least fifty-one percent (51%)
concurring with the of the total voting power of
defendant's negligence, is all classes of stocks entitled
the proximate cause of the to vote. [Sec. 34, NIRC, as
injury. [Ma-ao Sugar Central amended]. 2. The power to
v. CA, GR 83491. Aug. 27, exercise a controlling
1990]. 2. This doctrine may influence over the
be stated as follows: If the management or policies of a
negligence of the plaintiff company, unless such power
cooperated with the is solely the result of an
negligence of the defendant official position with such
in bringing about the company. Any person who
accident causing injury owns beneficially, either
complained of, such directly or through one or
negligence of the plaintiff more controlled companies,
would be an absolute bar to more than thirty per centum
recovery. But if the of the voting securities of a
negligence of the plaintiff is company shall be presumed
merely contributory to his to control such company.
negligence, such negligence Any person who does not so
would not be a bar to more than thirty per centum
recovery, but the amount of the voting securities of
recoverable shall be any company shall be
mitigated by the courts. presumed not to control
[Rakes v. AG & P, 7 Phil 359; such company. [Sec. 3, RA
Cangco v. Manila Railroad 2629].
Co., 36 Phil 766; Del Prado v.
Manila Electric Co., 52 Phil. Controlled delivery. The
900; Art. 2179, CC]. investigative technique of
allowing an unlawful or
Control. Admin. Law. The suspect consignment of any
power of an officer to alter or dangerous drug and/or
modify or nullify or set aside controlled precursor and
what a subordinate officer essential chemical,
had done in the performance equipment or paraphernalia,
of his duties and to or property believed to be
substitute the judgment of derived directly or indirectly
the former for that of the from any offense, to pass
latter. [Mondano v. Silvosa, into, through or out of the
GR L-7708. May 30, 1955]. country under the
Compare with Supervision. supervision of an authorized
officer, with a view to
Control. 1. Corp Law. gathering evidence to
Ownership of stocks in a identify any person involved
241
in any dangerous drugs

related offense, or to Control test. Corp. Law. The
facilitate prosecution of that rule that the nationality of
offense. [Sec 3, RA 9165]. the private corporation is
determined by the
Controlled precursors and citizenship of its controlling
essential chemicals. Those stockholder. [Diaz, Bus. Law
listed in Tables I and II of the Rev., 1991 Ed., p. 245].
1988 UN Convention Against
Illicit Traffic in Narcotic Control test. Labor.
Drugs and Psychotropic Elements (which) constitute
Substances as enumerated the reliable yardstick
in the attached annex, which (whenever the existence of
is an integral part of RA an employment relationship
9165. [Sec 3, RA 9165]. is in dispute): (a) the
selection and engagement of
Controller. An officer who the employee; (b) the
audits accounts and payment of wages; (c) the
supervises the financial power of dismissal; and (d)
affairs of a corporation or of the employer's power to
a governmental body. control the employee's
[Moreno’s Law Dict., 2000 conduct. [Aurora Land
Ed., p. 105]. See Projects Corp. v. NLRC, GR
Coordinator. 114733. Jan. 2, 1997]
Control, power of. The Controversy. A litigated

power of an officer to alter or question; adversary
modify or nullify or set aside proceeding in a court of law;
what a subordinate officer a civil action or suit, either at
had done in the performance law or in equity; a justiciable
of his duties and to dispute. [PAL v. NLRC, GR
substitute the judgment of 120567. Mar. 20, 1998,
the former for the latter. citing Moreno, Phil. Law
[Garcia v. COA, GR 75025. Dict., 1982 ed,, p. 136].
Sep. 14, 1993].
Convene. To call together,
Control powers of the cause to assemble, or
President. A fundamentally convoke. [Kapatiran ng mga
accepted principle in Naglilingkod sa Pamahalaan
Constitutional Law that the ng Pilipinas, Inc. v. Tan, GR
President has control of all L-81311. June 30, 1988].
executive departments,
bureaus, and offices. [Carpio Convention. From Lat.
v. Exec. Sec., GR 96409. convenire: to come together.
Feb. 14, 1992]. 1. Legally binding agreement
242
between states sponsored the sale as well as the

by an international necessary and useful
organization. [Intl. Law Dict. expenses made on the thing
& Direct., 2004]. 2. A sold, and with other
multilateral treaty or stipulations which may have
agreement, usually been agreed upon. [Arts.
restricted to some technical 1601 and 1616, CC].
matters. The term is now Compare with Legal
used by the United nations redemption.
for agreements, involving all
or almost all members of the Conventional subrogation.
United Nations on a Subrogation which takes
particular subject, such as place when a third person
the Vienna Convention on acquires all the rights of a
Treaties. [Coquia and creditor by express
Santiago, Intl. Law, 3rd Ed. agreement of the debtor, the
(1998), p. 492]. original creditor and the
third person (new creditor).
Conventional constitution. [Diaz, Bus. Law Rev., 1991
Const. Law. A constitution Ed., p. 59]. Also referred to
enacted deliberately and as the Doctrine of
consciously by a constituent substitution.
body or ruler at a certain
time and place. [Suarez, Pol. Convention award. A foreign
Law Reviewer, 1st Ed., 2002, arbitral award made in a
p. 9]. Compare with Convention State. [Sec. 3,
Cumulative constitution. RA 9285].
Conventional period. Also Convention state. A State

Voluntary period. The that is a member of the New
period agreed upon by the York Convention. [Sec. 3, RA
parties. [Diaz, Bus. Law Rev., 9285].
1991 Ed., p. 16].
Conversion. An unauthorized
Conventional redemption. assumption and exercise of
Redemption that takes place the right of ownership over
when the vendor reserves goods or personal chattels
the right to repurchase the belonging to another,
thing sold, with the resulting in the alteration of
obligation to return to the their condition or the
vendee the price of the sale, exclusion of the owner's
and, in addition, the rights. It takes place when a
expenses of the contract and person actually appropriates
any other legitimate the property of another to
payments made by reason of his own benefit, use, and
243
enjoyment [Trinidad v. CA, other transaction by which

53 OG 731, citing Bouvier's any interest in real estate is
Law Dict.]. created short of transferring
title thereof. [Angela Estate
Convert. To use or dispose of v. CFI Negros Occ., GR L-
another's property as if it 27084. July 31, 1968].
were one's own. [Sy v.
People, GR 85785. Apr. 24, Conveyance. 1. A written
1989, citing II Reyes, Crim. document which transfers
Law, 12th Ed., p. 729]. property from one person to
Compare with another. In real-estate law,
Misappropriate. the conveyance usually
refers to the actual
Convertible bond. Corp. document which transfers
Law. One which may be owner-ship, between
exchanged for another persons living (i.e., other
security, usually stock. The than by will), or which
conversion privilege, a charges the land with
matter of contract, is usually another's interest, such as a
at the option of the bond- mortgage. [Duhaime's Legal
holder, limited to a stated Dict., 2004]. 2. It may refer
period of time or conversion not only to an absolute sale
period and made at a but also to mortgage or any
prescribed rate of exchange other transaction. It signifies
or conversion ratio. [Martin, every instrument by which
Commentaries and Jurisp. on any estate or interest in real
Comml. Laws, Vol. 1, 1988 estate is created, alienated,
Rev. Ed., p. 69]. mortgaged, or assigned.
[Patalinghud v. Ballesteros,
Convertible share. Corp. GR L-25421. Mar. 31, 1971,
Law. A share which is citing 13 CJ, 900; 18 CJS, 92].
convertible or changeable by
the stockholder from one Convict. 1. n. One who has
class to another class (such been finally condemned by a
as from preferred to court, one who has been
common) at a certain price adjudged guilty of a crime or
and within a certain period. misdemeanor. 2. v. To
[De Leon, Corp. Code of the condemn after a judicial
Phil. Annotated, 1989 Ed., p. investigation. [Torres v.
63]. Gonzales, GR 76872. July 23,
1987].
Convey. Broadly, to transfer
property or title to property Conviction. 1. A verdict
from one person to another. judgment, or plea of guilty, if
It may, however, include any such verdict, judgment or
244
plea has not been reversed, shall give all such

set aside, or withdrawn, information and assistance
whether or not sentence has as the insurer may require,
been imposed. [Sec. 3, RA usually requiring attendance
2629]. 2. The result of a at trials or hearings.
criminal trial which ends in a [Claridades, A., Compilation
judgment or sentence that of Notes, 2001-2006].
the prisoner is guilty as
charged. [Torres v. Cooperative. 1. A duly
Gonzales, GR 76872. July 23, registered association of
1987]. Often denotes the persons with a common
Final judgment of the bond of interest who have
court. 3. The formal voluntarily joined together to
decision of a criminal trial achieve a lawful common
which finds the accused social and economic end,
guilty. It is the finding of a making equitable
court that a person has, contributions to the capital
beyond reasonable doubt, required and accepting a fair
committed the crime for share of the risks and
which he has been accused. benefits of the undertaking
It is the ultimate goal of the in accordance with
prosecution and the result universally accepted
resisted by the defense. cooperative principles. [Sec.
Once convicted, an accused 4, RA 8435]. 2. A duly
may then be sentenced. registered association of at
[Duhaime's Legal Dict., least fifteen (15) persons,
2004]. 4. A judgment of guilt majority of which are poor,
against a criminal defendant. having a common bond of
[Glossary of Legal Terms interest, who voluntarily join
(Pro-Se), 2004]. together to achieve a lawful
common social and
Cooperation. That assistance economic end. It is
which Art. 17 of the Rev. organized by the members
Penal Code prescribes of an who equitably contribute the
accomplice (that) is required share capital and
knowingly and intentionally accept a fair share of the
given and is not possible risks and benefits of their
without prior knowledge of undertaking in accordance
the criminal purpose. with the universally
[Moreno’s Law Dict., 2000 accepted corporate
Ed., p. 106]. principles and practices.
[Sec. 3, RA 8425]. 3. A duly
Cooperation clause. Ins. A registered association of
clause which provides in persons, with a common
essence that the insured bond of interest, who have
245
voluntarily joined together to may be a member of a

achieve a lawful common cooperative, with the same
social economic end, making rights and duties as a
equitable contributions to natural person. [Sec. 3, RA
the capital required and 6657].
accepting a fair share of the
risks and benefits of the Cooperative settlement
undertaking in accordance training. The training of a
with universally accepted group of young people or
cooperative principles. [Sec. farmer families in modern
4, RA 7607]. methods in agriculture and
cooperative living and
Cooperative banks. Banks subsequently to organize
whose owners are farmer's and locate them in
associations or cooperatives. cooperative settlement.
[Sec. 4, RA 7607]. [Sec. 1, Rule 1, Book 2, IRR
of LC].
Cooperative Code of the
Philippines. RA 6938 Coordination. Harmonious
entitled “An Act to Ordain a combination. [Moreno’s Law
Cooperative Code of the Dict., 2000 Ed., p. 107].
Philippines” enacted on
March 10, 1990.” Coordinator. Also
Controller, Supervisor,
Cooperative Development Encargado or variants
Authority (CDA). The thereof. Any person who
government agency in exercises control and
charge of the registration supervision over the
and regulation of collector or agent. [Sec. 2,
cooperatives. [Art. 5 (8), RA RA 9287].
6938].
Co-ownership. 1. The
Cooperatives. Organizations ownership of an undivided
composed primarily of small thing or right belonging to
agricultural producers, different persons. [Art. 484,
farmers, farmworkers, or CC]. 2. A form of trust and
other agrarian reform every co-owner is a trustee
beneficiaries who voluntarily for the other. In co-
organize themselves for the ownership, the relationship
purpose of pooling land, of each co-owner to the
human, technological, other co-owners is fiduciary
financial or other economic in character and attribute.
resources, and operated on Whether established by law
the principle of one member, or by agreement of the co-
one vote. A juridical person owners, the property or
246
thing held pro-indiviso is arrangements or adaptations

impressed with a fiducial thereof; to dramatize it if it
nature that each co-owner be a non-dramatic work; to
becomes a trustee for the convert it into a non-
benefit of his co-owners and dramatic work if it be a
may not do any act drama; to complete or
prejudicial to the interest of execute if it be a model or
his co owners. [Sotto v. design; (c) to exhibit,
Teves, GR L-38018. Oct. 31, perform, represent, produce,
1978]. or reproduce, the work in
any manner or by any
Copper smelting and method whatever for profit
refining. The manufacture or otherwise; it not
of copper into basic forms, reproduced in copies for
such as ingots, bars, billets, sale, to sell any manuscript
sheets, strips, circles, or any record whatsoever
sections, rods castings and thereof; (d) to make any
extrusion. [Sec. 2, RA 4095]. other use or disposition of
the work consistent with the
Co-production agreement laws of the land. [Sec. 5, PD
(CA). An agreement entered 49]. 2. The exclusive right to
into between the produce or reproduce (copy),
Government and one or to perform in public or to
more contractors in publish an original literary or
accordance with Sec. 26(b) artistic work. [Duhaime's
of RA 7942. Legal Dict., 2004].
Copy. In the law of Copyright infringement.

trademark, one who knows Copying a substantial part of
of another trademark and the original work belonging
knowingly adopts a to another. [Moreno’s Law
confusingly similar mark and Dict., 2000 Ed., p. 107].
uses it in the same or
related goods. [Moreno’s Coral. 1. The hard calcareous
Law Dict., 2000 Ed., p. 107]. substance made up of the
skeleton of marine
Copyright. 1. The exclusive coelenterate polyps which
right: (a) to print, reprint, include reefs, shelves and
publish, copy, distribute, atolls or any of the marine
multiply, sell, and make coelenterate animals living
photographs, photo- in colonies where their
engravings, and pictorial skeletons form a stony mass.
illustrations of the works; (b) [Sec. 4, RA 8550]. 2. Small
to make any translation or anemone-like organisms
other version or extracts or belonging to Phylum
247
coelenterata which secrete ac v. Itogon-Suyoc Mines, GR

their own skeletons of L-35800. July 23, 1987].
various forms that may be
hard, soft, stony or horny. Coronary arteriosclerosis.
[Sec. 3, PD 1219]. Legal Med. A condition
characterized by a hardening
Coral reef. A natural and thickening of the
aggregation of coral arteries which supply blood
skeleton, with or without to the heart muscle.
living coral polyps, occurring [Bautista v. WCC, GR L-
in intertidal and subtidal 42885. Nov. 23, 1977, citing
marine waters. [Sec. 4, RA Schmidt's Atty.’s Dict. of
8550]. Med., 1965 Sup., p. 96].
Core list. A list of drugs that Coronary occlusion. Legal

meets the health care needs Med. The occlusion, or
of the majority of the closing off, of a coronary
population. [Sec. 3, RA artery. [Pa-ac v. Itogon-
6675]. Suyoc Mines, GR L-35800.
July 23, 1987]. Commonly
Corneal excision. The referred to as Heart attack.
surgical removal of corneal
tissue from cadaver eyes for Coronary thrombosis. Legal
the purpose[ of eye banking Med. The sudden plugging of
and transplant. [Sec. 4, DOH the artery by a blood clot
Admin. Order 11-95]. developing within the vessel.
[Pa-ac v. Itogon-Suyoc
Corneal tissue. For purposes Mines, GR L-35800. July 23,
of tissue retrieval and eye 1987]. Commonly referred to
banking, it refers to the as Heart attack.
entire transparent structure
forming the anterior part of Corporal punishment. A
the fibrous tunic of the eye punishment for some
plus 2 to 3 millimeters of violation of conduct which
scleral tissue. As such, the involves the infliction of pain
tissue would be roughly 15 on, or harm to the body. A
millimeters diameter and 0.4 fine or imprisonment is not
to 0.5 millimeters in considered to be corporal
thickness. [Sec. 4, DOH punishment (in the latter
Admin. Order 11-95]. case, although the body is
confined, no punishment is
Coronary. Legal Med. inflicted upon the body). The
Encircling in the manner of a death penalty is the most
crown, a term applied to drastic form of corporal
vessels, ligaments. etc. [Pa- punishment and is also
248
called Capital punishment. corporation formed or

[Duhaime's Legal Dict., organized under the
2004]. Corporation Code
commences to have
Corporate alter ego corporate existence and
doctrine. See Piercing the juridical personality and is
veil of corporate entity deemed incorporated which
(or fiction) doctrine. is reckoned from the date
the SEC issues a certificate
Corporate books and of incorporation under its
records. Records of all official seal, and there-upon
business transactions of a the incorporators,
corporation kept and stockholders or members
carefully preserved at its and their successors shall
principal office including the constitute a body politic and
minutes of all meetings of corporate under the name
stockholders or members, or stated in the articles of
of the board of directors or incorporation for the period
trustees., in which is set of time mentioned therein,
forth in detail the time and unless said period is
place of holding the extended or the corporation
meeting, how authorized, is sooner dissolved in
the notice given, whether accordance with law. [Sec.
the meeting was regular or 19, Corp. Code].
special, if special its object,
those present and absent, Corporate franchise. See
and every act done or Primary franchise.
ordered done at the
meeting. [Sec. 74, Corp. Corporate liquidation. The
Code]. continuation as a body
corporate of a corporation
Corporate enterprise whose charter expires by its
theory. The theory own limitation or is annulled
espousing that the by forfeiture or otherwise, or
corporation is not merely an whose corporate existence
artificial being but more of for other purposes is
an aggregation of persons terminated in any other
doing business or an manner, for three (3) years
underlying business unit. after the time when it would
[Claridades, A., Compilation have been so dissolved, for
of Notes, 2001-2006]. the purpose of prosecuting
and defending suits by or
Corporate existence, against it and enabling it to
commencement of. The settle and close its affairs, to
date when a private dispose of and convey its
249
property and to distribute its in its Articles of

assets, but not for the Incorporation. [Moreno’s Law
purpose of continuing the Dict., 2000 Ed., p. 108].
business for which it was
established. [Sec. 122, Corp. Corporate secretary. Officer
Code]. of a corporation responsible
for the official documents of
Corporate officers. Only the corporation such as the
those officers who are given official seal, records of
that character either by the shares issued, and minutes
Corp. Code or the by-laws. of all board or committee
[De Leon, Corp. Code of the meetings. [Duhaime's Legal
Phil. Annotated, 1989 Ed., Dict., 2004].
pp. 192-193].
Corporate term. The period
Corporate offsprings. See within which a corporation
subsidiaries. shall exist which shall not
exceed fifty (50) years from
Corporate opportunity the date of incorporation
doctrine. The doctrine unless sooner dissolved or
under which corporate unless said period is
officers are not permitted to extended. The corporate
the use their position of trust term as originally stated in
and confidence to further the articles of incorporation
their interests. It is precisely may be extended for periods
a recognition by the courts not exceeding fifty (50)
that the fiduciary standards years in any single instance
could not be upheld where by an amendment of the
the fiduciary was acting for articles of in-corporation, in
two entities with competing accordance with the
interests. This doctrine rests Corporation Code. [Sec. 11,
fundamentally of the Corp. Code].
unfairness, in particular
circumstances, of an officer Corporation. 1. An artificial
or director taking advantage being created by operation
of an opportunity for his own of law, having the right of
personal profit when the succession and the powers,
interest of the corporation attributes and proper-ties
justly calls for protection. expressly authorized by law
[Gokongwei v. SEC, GR L- or incident to its existence.
45911. Apr. 11, 1979]. [Sec. 2, Corp. Code]. 2. An
entity separate and distinct
Corporate residence. The from its stockholders. While
place stated in the law not in fact and in reality a
creating the corporation or person, the law treats a
250
corporation as though it Corporation Code. BP 68

were a person by process of entitled “The Corporation
fiction or by regarding it as Code of the Philippines”
an artificial person distinct enacted on May 1, 1980.
and separate from its
individual stockholders. Corporation sole. 1. A
[Remo v. IAC, GR 67626. corporation formed by the
Apr. 18, 1989]. chief archbishop, bishop,
priest, minister, rabbi or
Corporation aggregate. A other presiding elder of such
corporation composed of religious denomination, sect
several natural persons. or church for the purpose of
[Diaz, Bus. Law Rev., 1991 administering and
Ed., p. 247]. managing, as trustee, the
affairs, property and
Corporation by estoppel. temporalities of any religious
Persons who assume to act denomination, sect or
as a corporation knowing it church. [Sec. 110, Corp.
to be without authority to do Code]. 2. A special form of
so. They are liable as corporation usually
general partners for all associated with the clergy.
debts, liabilities and Conceived and introduced
damages incurred or arising into the common law by
as a result thereof. When sheer necessity, this legal
sued on any transaction creation was designed to
entered by it as a facilitate the exercise of the
corporation or on any tort functions of ownership
committed by it as such, it is carried on by the clerics for
estopped from using as a and on behalf of the church
defense its lack of corporate which was regarded as the
personality. [Sec. 21, Corp. property owner [Rep. v. IAC,
Code]. GR L-75042. Nov. 29, 1988,
citing 1 Bouvier's Law Dict.,
Corporation by p. 682-683].
prescription. A corporation
which has exercised Corporators. Those who
corporate powers for an compose a corporation,
indefinite period without whether as stockholders or
interference on the part of as members. [Sec. 5, Corp.
the sovereign power. E.g., Code].
Roman Catholic Church.
[Claridades, A., Compilation Corpus delicti. 1. The body
of Notes, 2001-2006]. (material substance) upon
which a crime has been
committed, e.g., the corpse
251
of a murdered man or the [Intl. Law Dict. & Direct.,

charred remains of a house 2004].
burned down. [Jurist’s Legal
Dict., 2004]. 2. The body Correspondence with
(material substance) upon hostile country. Crim. Law.
which a crime has been The felony committed by any
committee, e.g., the corpse person who in time of war,
of a murdered man or the shall have correspondence
charred remains of a house with an enemy country or
burned by an arsonist. territory occupied by enemy
[Jurist’s Legal Dict., 2004]. 3. troops. [Art. 120, RPC].
In a derivative sense, it
means the substantial fact Correspondent bank. A
that a crime was committed. bank which acts as an agent
[People v. Lorenzo, GR of another bank, especially
110107. Jan. 26, 1995]. in carrying a deposit balance
for the latter. [Intl. Law Dict.
Corpus delicti. Elements: (a) & Direct., 2004].
That a certain result has
been proved, for example a Corroborative evidence. 1.
man has died or a building Evidence which is of a
has been burned, and (b) different kind and character
that some person is as that already given and
criminally responsible for the tends to prove the same
act. [People v. Lorenzo, GR proposition. [Claridades, A.,
110107. Jan. 26, 1995]. Compilation of Notes, 2001-
2006]. 2. Supplementary
Correctional penalties. The evidence that tends to
following are correctional strengthen or confirm the
penalties under the Rev. initial evidence. [Glossary of
Penal Code: Prision Legal Terms (Pro-Se), 2004].
correccional, arresto mayor, Compare with Cumulative
suspension, destierro, and evidence.
fine, whether imposed as a
single of as an alternative Corrosive. 1. Any substance
penalty, which does not which on contact with living
exceed 6,000 pesos but is tissue will cause destruction
not less than 200 pesos. of tissue by chemical action.
[Arts. 25-26, RPC]. [Art. 4, RA 7394]. 2. Any
substance or material, either
Corrective damages. See liquid, solid or gaseous,
Exemplary damages. which through chemical
reaction wears away, impairs
Correlative. A reciprocal or or consumes any object. It
complementary relationship. shall include but not limited
252
to alkaline battery fluid thereof for clean-sing,

packed with empty storage beautifying, promoting
battery, alkyl chloroformate, attractiveness, or altering
alkytrichlorosilane, the appearance, and (b)
ammonium dinitro- article intended for use as a
orthocresolate and other component of any such
similar materials and article except that such term
substances. [Sec. 5, RA shall not include soap. [Art.
6235]. 4, RA 7394].
Corrosive liquid. Any liquid Cost and freight (C & F). 1.

which causes fire when in Shipment contracts. The
contact with organic matter term means that the price
or with certain chemicals. fixed includes in a lump sum
[Sec. 3, PD 1185]. the cost of the goods and
freight to the named
Corruption of minors. Crim. destination. It simply means
Law. The felony committed that the seller must pay the
by any person who shall costs and freight necessary
promote or facilitate the to bring the goods to the
prostitution or corruption of named destination but the
persons underage to satisfy risk of loss or damage to the
the lust of another. [Art. 340, goods is transferred from the
RPC]. seller to the buyer when the
goods pass the ship's rail in
Corruption of public the port of shipment.
officials. Crim. Law. The [Filipino Merchants Ins. Co.,
felony committed by any INC. v. CA, GR 85141. Nov.
person who shall have made 28, 1989]. 2. The terms in a
the offers or promises or contract of sale of goods
given the gifts or presents as whereby the seller must pay
described in Art. 210 and the cost and freight
211 of the Rev. Penal Code. necessary to bring the goods
[Art. 212, RPC]. to the named port of
destination. [Intl. Law Dict. &
Cosas muebles. Sp. Movable Direct., 2004].
chattels. [US v. Carlos, GR
6295. Sep. 1, 1911]. Cost, insurance and freight
(CIF). The terms in a
Cosmetics. (a) Articles contract of sale of goods
intended to be rubbed, whereby the seller must pay
poured, sprinkled or sprayed the costs and freight
on, introduced into or necessary to bring the goods
otherwise applied to the to a named port of
human body or any part destination, and must also
253
procure marine insurance Costs. 1. Costs shall include

against the buyer's risk of fees and indemnities in the
loss to the goods during the course of the judicial
carriage. [Intl. Law Dict. & proceedings, whether they
Direct., 2004]. be fixed or unalterable
amounts previously
Cost of acquisition. The determined by law or
indication of the amount of regulations in force, or
outlay that the government amounts not subject to
spent or paid for acquiring schedule. [Art. 37, RPC]. 2.
the property. [Memo. from The expenses of prosecuting
the Exec. Sec. dated Aug. or defending a lawsuit, other
20, 1998]. than the attorney fees. An
amount of money may be
Cost of living index awarded to the successful
adjustment clauses. party (and may be
Clauses widely used in recoverable from the losing
commercial contracts (the party) as reimbursement for
purpose of which is) to court costs. [Jurist’s Legal
maintain fiscal stability and Dict., 2004].
to retain (‘real peso’) value
to the price terms of long Cottage industry. A modest
term contracts. [Banco economic activity for profit
Filipino Savings and using primarily indigenous
Mortgage Bank v. Navarro, raw materials in the
GR L-46591. July 28, 1987]. production of various articles
that generally involve
Cost of services. All direct craftsmanship, artistic skills
costs and expenses and the tradition of the
necessarily incurred to country. [EO 917, Oct. 15,
provide the services required 1983].
by the customers and clients
including (a) salaries and Cottage or handicraft
employee benefits of establishment. One
personnel, consultants and engaged in an economic
specialists directly rendering endeavor in which the
the service and (b) cost of products are primarily done
facilities directly utilized in in the home or such other
providing the service such as places for profit which
depreciation or rental of requires manual dexterity
equipment used and cost of and craftsmanship and
supplies. [Sec. 27, NIRC, as whose capitalization does
amended]. not exceed P500,000,
regardless of previous
registration with the defunct
254
NACIDA. [Sec. 1, Rule 7, defendant, in a criminal

Book 3, IRR of LC]. case. [Pineda, Legal and
Judicial Ethics, (1999 Ed.), p.
Cotton Industry 8]. See also Court-
Development Law of appointed attorney.
Act merging the Philippine Counsel fee. A fee obligated
Cotton Corporation and the to be paid by a client in favor
Cotton Research and of his lawyer. [Moreno’s Law
Development Institute into a Dict., 2000 Ed., p. 109].
Cotton Development
Administration, vesting it Counsel guarantee. The
with regulatory powers and assurance of the assistance
appropriating funds for the of counsel. [Moreno’s Law
purpose” enacted on Feb. Dict., 2000 Ed., p. 109].
11, 1998.
Countercharge. A charge in
Counsel. 1. An adviser, a answer to another charge or
person professionally against the accuser.
engaged in the trial or [Moreno’s Law Dict., 2000
management of a cause in Ed., p. 109].
court; a legal advocate
managing a case at law; a Counterclaim. 1. Any claim
lawyer appointed or for money or other relief
engaged to advise and which a defending party may
represent in legal matters a have against an opposing
particular client, public party. A counterclaim need
officer, or public body. not diminish or defeat the
[Webster's 3rd New Intl. Dict., recovery sought by the
1966, p. 518]. 2. A legal opposing party, but may
adviser; a term used to refer claim relief exceeding in
to lawyers in a case. amount or different in kind
[Glossary of Legal Terms from that sought by the
(Pro-Se), 2004]. opposing party's claim. [Sec.
6, Rule 6, RoC]. 2. A claim
Counselor. An attorney at made by the defendant in a
law; one or more attorneys civil lawsuit against the
representing parties in an plaintiff. In essence, a
action. [Ballantine's Law counter lawsuit within a
Dict., 3rd Ed., 1969, p. 278]. lawsuit. [Glossary of Legal
Terms (Pro-Se), 2004].
Counsel de oficio. A lawyer
or attorney appointed by the Counterfeit. To forge; to
court to represent a party, copy or imitate, without
usually an indigent authority or right, and with a
255
view to deceive or defraud, the container or labeling of

by passing the copy or thing which, without authorization,
forged for that which is bears the trade-mark, trade
original or genuine. [Black’s name, or other identifying
Law Dict., Abr. 5th Ed. (1983), mark, imprint, or device, or
p. 184]. any likeness thereof, of a
consumer product
Counterfeit access device. manufacturer, processor,
Any access device that is packer, distributor, other
counterfeit, fictitious, than the person or persons
altered, or forged, or an who in fact manufactured,
identifiable component of an processed, packed or
access device or counterfeit distributed such product and
access device. [Sec. 3, RA which thereby falsely
8484]. purports or is represented to
be the product of, or to have
Counterfeiting, importing been packed or distributed
and uttering instruments by such consumer product
not payable to bearer. manufacturer, processor,
Crim. Law. The felony packer, or distributor. [Art. 4,
committed by any person RA 7394].
who shall forge, import or
utter, in connivance with the Countervailing duty. A duty
forgers or importers, any levied in an amount equal to
instrument payable to order the ascertained or estimated
or other document of credit amount of the bounty,
not payable to bearer. [Art. subsidy or subvention
167, RPC]. granted by the foreign
country on the production,
Counterfeiting the great manufacture or exportation
seal of the Government into the Philippines of any
of the Philippines, article likely to injure an
forging the signature or industry in the Philippines or
stamp of the Chief retard or considerably retard
Executive. Crim. Law. The the establishment of such
felony committed by any industry. [Sec. 302, TCC].
person who shall forge the
Great Seal of the Countervailing measures. A
Government of the duty specifically levied to
Philippines or the signature offset a subsidy. [Intl. Law
or stamp of the Chief Dict. & Direct., 2004].
Executive. [Art. 161, RPC].
Counting center. A public
Counterfeit product. Any place designated by the
consumer product which, or Commission on Election
256
where counting of votes and or simultaneously carried out

canvassing/consolidation of anywhere in the Philippines
results shall be conducted. by any person or persons,
[Sec. 2, RA 8436]. belonging to the military or
police or holding any public
Counting machine. A office of employment with or
machine that uses optical without civilian support or
scanning/mark sense participation for the purpose
reading device or any similar of seizing or diminishing
advanced technology to state power. [Art. 134-A,
count ballots. [Sec. 2, RA RPC, as amended by RA
8436; Sec. 2, RA 8046]. 6968].
Country. Pol. Law. Any Coup d'etat law. RA 6968

independent political unit or entitled “An Act punishing
sovereign nation, territory, the crime of coup d'etat by
colony and political or amending Arts. 134, 135 and
territorial subdivision. [Sec. 136 of Chapter One, Title
2, PD 1433]. Three of Act Numbered
Thirty-eight Hundred and
Countryside and barangay Fifteen, otherwise known as
business enterprise. Any the Rev. Penal Code, and for
business entity, association, other purposes” enacted on
or cooperative registered Oct. 24, 1990.
under the provisions of RA
6810, otherwise known as Coupon bond. Corp. Law.
"Magna Carta For One to which are attached
Countryside And Barangay coupons for the several
Business Enterprises successive installments of
(Kalakalan 20)." [Sec. 131, interest accruing on the
RA 7160]. bond to maturity. The
coupons are simple
Coup d'etat. Fr. A swift promissory notes that entitle
attack accompanied by the holder to interest when
violence, intimidation, due; such coupons may be
threat, strategy or stealth, detached and negotiated
directed against duly separately and once
constituted authorities of the detached and negotiated
Republic of the Philippines, cease to be mere incidents
or any military camp or of the bond and become
installation, communications independent claims. [Martin,
network, public utilities or Commentaries and Jurisp. on
other facilities needed for Comml. Laws, Vol. 1, 1988
the exercise and continued Rev. Ed., p. 69, citing 9 CJ
possession of power, singly Sec. 79].
257
members of the army, navy

Court. 1. A body in or air force. [Duhaime's
government to which the Legal Dict., 2004].
administration of justice is
delegated. [Glossary of Legal Court of admiralty. A rather
Terms (Pro-Se), 2004]. 2. As archaic term used to denote
referred to in Art. 6 of the the court which has the right
Model Law, the term shall to hear shipping, ocean and
mean a RTC. [Sec. 3, RA sea legal cases. Also known
9285]. as Maritime law. [Duhaime's
Legal Dict., 2004].
Court-annexed mediation.
Any mediation process Court of Industrial
conducted under the Relations Act.
auspices of the court, after Commonwealth Act No. 103,
such court has acquired as amended. [Expressly
jurisdiction of the dispute. repealed by the Labor Code].
[Sec. 3, RA 9285].
Court of origin or original
Court-appointed attorney. jurisdiction. A court where
Attorney appointed by the a matter is initiated and
court to represent a heard in the first instance; a
defendant, usually with trial court. [Glossary of Legal
respect to criminal charges Terms (Pro-Se), 2004].
and without the defendant
having to pay for the Court of record. 1. A court
representation. [Glossary of which is bound to keep a
Legal Terms (Pro-Se), 2004]. record of its proceedings for
See also Counsel de oficio. a perpetual memorial and
testimony thereof. [Melgar v.
Court costs. The expenses of Delgado, GR 30892. July 22,
prosecuting or defending a 1929, citing 2 Cyc., 657-
lawsuit, other than the 658]. 2. A court in which the
attorney fees. An amount of proceedings are recorded,
money may be awarded to transcribed, and maintained
the successful party (and as permanent records.
may be recoverable from the [Jurist’s Legal Dict., 2004].
losing party) as
reimbursement for court Court-referred mediation.
costs. [Jurist’s Legal Dict., Mediation ordered by a court
2004]. to be conducted in
accordance with the
Court martial. A military Agreement of the Parties
court set up to try and when as action is
punish offenses taken by prematurely commenced in
258
violation of such agreement. regulated by the Insurance

[Sec. 3, RA 9285]. Commission; and (c) (i)
securities dealers, brokers,
Courts of equity. See sales-men, investment
Equity, courts of. houses and other similar
entities managing securities
Court stenographer. A or rendering services as
person who transcribes by investment agent, advisor,
shorthand or or consultant, (ii) mutual
stenographically takes down funds, close and investment
testimony during court companies, common trust
proceedings, a deposition, or funds, pre-need companies
other trial-related and other similar entities,
proceeding. [Jurist’s Legal (iii) foreign exchange
Dict., 2004]. May also be corporations, money
called Court reporter. changers, money payment,
remittance, and transfer
Covenant. 1. An international companies and other similar
compact which has binding entities, and (iv) other
effect, usually on many entities administering or
States. [Coquia and otherwise dealing in
Santiago, Intl. Law, 3rd Ed. currency, commodities or
(1998), p. 492].2. A written financial derivatives based
document in which thereon, valuable objects,
signatories either commit cash substitutes and other
themselves to do a certain similar monetary
thing, to not do a certain instruments or property
thing or in which they agree supervised or regulated by
on a certain set of facts. SEC. [Sec. 3, RA 9160].
2004]. Covered transaction.
Pursuant to the Anti-Money
Covered institution. Laundering Act of 2001 (RA
Pursuant to the Anti-Money 9160), the term refers to a
Laundering Act of 2001 (RA single, series, or
9160), the term refers to: (a) combination of transactions
banks, non-banks, quasi- involving a total amount in
banks, trust entities, and all excess of P4,000,000.00 or
other institutions and their an equivalent amount in
subsidiaries and affiliates foreign currency based on
supervised or regulated by the prevailing exchange rate
the Bangko Sentral ng within five (5) consecutive
Pilipinas (BSP); (b) insurance banking days except those
companies and all other between a covered
institutions supervised or institution and a person who,
259
at the time of the scheme in the execution of

transaction was a properly the crime. [People v. Zea,
identified client and the GR L-23109. June 29, 1984].
amount is commensurate
with the business or financial Credibility of a witness.
capacity of the client; or Guiding rules: (a) the
those with an underlying appellate court will not
legal or trade obligation, disturb the factual findings
purpose, origin or economic of the lower Court, unless
justification. It like-wise there is a showing that it had
refers to a single, series or overlooked, misunderstood
combination or pattern of or misapplied some fact or
unusually large and complex circumstance of weight and
transactions in excess of substance that would have
P4,000,000.00 especially affected the result of the
cash deposits and in- case [People v. Ablaza, GR L-
vestments having no 27352, 31 Oct. 1969, 30
credible purpose or origin, SCRA 173]; (b) the findings
underlying trade obligation of the trial court pertaining
or contract. [Sec. 3, RA to the credibility of a witness
9160]. is entitled to great respect
since it had the opportunity
Cover note. 1. A note which to examine his demeanor as
may be issued to bind he testified on the witness
insurance temporarily stand, and, therefore, can
pending the issuance of the discern if such witness is
policy. Within sixty days telling the truth or not
after the issue of the cover [People v. Amoncio, GR L-
note, a policy shall be issued 49069, 22 June 1983, 122
in lieu thereof, including SCRA 686]; and (c) a witness
within its terms the identical who testifies in a categorical,
insurance bound under the straightforward,
cover note and the premium spontaneous and frank
therefor. [Sec. 52, IC]. 2. A manner and remains
contract and not a mere consistent on cross-
application for insurance and examination is a credible
is deemed integrated to the witness [People v. Barros,
regular policies subsequently GR L-34249, 3 May 1983,
issued. [Pacific Timber v. CA, 122 SCRA 34].
GR L-38613. Feb. 25, 1982].
Credible evidence. 1.
Craft. Chicanery resorted to Evidence which is not only
by the accused to aid in the admissible evidence but also
execution of his criminal believable and used by the
design. It is employed as a court in deciding a case.
260
[Claridades, A., Compilation sales contract, contract to

of Notes, 2001-2006]. sell, or sale or contract of
sale of property or service,
Credible persons. The term, either for present or future
as used in the Revised delivery, under which, part
Naturalization Law, means of all or the price is payable
not only an individual who subsequent to the making of
has not been previously such sale or contract; any
convicted of a crime; who is contract, any option,
not a police character and demand, lien or pledge, or to
has no police record; who the other claims against, or
has not perjured in the past; for the delivery of, property
or whose affidavit or or money, any purchase, or
testimony is not incredible. other acquisition of or any
What must be credible is not credit upon the security of,
the declaration made, but any obligation or claim
the person making it. This arising out of the foregoing,
implies that such person and any transaction or series
must have a good standing of transactions having
in the community; that he is similar purpose or effect.
known to be honest and [Sec. 3, RA 8556; Sec. 3, RA
upright; that he is reputed to 5980]. 2. A sum credited on
be trustworthy and reliable; the books of a company to a
and that his word may be person who appears to be
taken on its face value. [In entitled to it. It presupposes
Re: Gaw Ching v. Rep., GR L- a creditor-debtor
19419. Sep. 30, 1964]. relationship, and may be
said to imply ability, by
Credible witness. 1. A reason of property or estates
witness who testifies in a to make a promised
categorical, straight-forward, payment [Rep. v. PNB, GR L-
spontaneous and frank 16106. Dec. 30, 1961, citing
manner and remains In Re Ford, 14 F. 2nd 848,
consistent. [People v. 849]. 3. That which is due to
Rosare, GR 118823. Nov. 19, a person, as distinguished
1996]. 2. One who, being from debit, that which is due
competent to give evidence, by him. Claim or cause of
is worthy of belief. [Torres, action for specific sum of
Oblig. & Cont., 2000 Ed., p. money. An entry on the
350]. right-hand side of an
account. [Black’s Law Dict.,
Credit. 1. Any loan, Abr. 5th Ed. (1983), p. 210].
mortgage, financial lease, Compare with Debit.
deed of trust, advance or
discount, any conditional
261
Creditable service. That customer, and which may be

which is sufficiently good to overdrawn by promissory
bring esteem, deserving of notes. [Gobonseng v. CA, GR
praise. [Ramos v. Diaz, GR L- 111797. July 17, 1995, citing
24521. Dec. 11, 1967]. Agaton Sibal, Phil. Legal
Encyc. 195 (1986 Ed.)].
Credit card. 1. Any card,
plate, coupon book, or other Creditor. 1. A person to
credit device existing for the whom a debt is owed by
purpose of obtaining money, another. [Jurist’s Legal Dict.,
goods, property, labor or 2004]. 2. Any person
services or any thing of engaged in the business of
value on credit. [Sec. 3, RA extending credit and shall
8484]. 2. Any card, plate, include any person who as a
coupon book or other credit regular business practice
device existing for the makes loans or sells or rents
purpose of obtaining money, property or services on a
property, labor or services time, credit or installment
on credit. [Art. 4, RA 7394]. basis, either as principal or
as agent who requires as an
Credit cooperative. One incident to the extension of
which promotes thrift among credit, the payment of a
its members and creates finance charge. [Art. 4, RA
funds in order to grant loans 7394].
for productive and provident
purposes. [Art. 23, RA 6938]. Credit risks. Possible non-
payment of credit granted to
Credit enhancement. Any a foreign customer by the
legally enforceable scheme insured in connection with
intended to improve the an export transaction
marketability of the asset- resulting from or occasioned
backed securities (ABS) and by circumstances,
increase the probability that happenings or events which
the holders of the ABS are outside or beyond the
receive payment of amounts control of the insured as
due them under the ABS in follows: (a) Insolvency or
accordance with the plan for protracted default of the
securitization as approved foreign customer; (b)
by the SEC. [Sec. 3, RA governmental action under
9267]. circumstances not due to the
fault of the buyer which
Credit line. The maximum prevents the transfer of
amount which a bank agrees payment to exporters; (c)
to Lend in a Lump sum or by new import or export
several payments to the licensing restrictions in the
262
country of the foreign property upon full

customer or of the insured; compliance with the terms of
(d) moratoria, war, the agreement. [Art. 4, RA
revolution, civil 7394].
disturbances, or similar
circumstances which prevent Credit transaction. 1. A
the payment of accepted transaction between a
goods and or services; and natural person and a creditor
(e) such other risks in which real or personal
connected with export property, services or money
transactions on deferred acquired on credit and the
payment, except against person's obligation is
risks of devaluation or payable in installment. [Art.
changes in the exchange 4, RA 7394]. 2. All
rate and against risks that transactions involving the
are normally insured with purchase or loan of goods,
commercial insurers licensed services, or money in the
to do business in the present with a promise to
Philippines such as fire, pay or deliver in the future.
marine, casualty, accident, [De Leon, Comments and
fidelity, surety, and physical Cases on Credit Trans., 1999
damage. [Sec. 3, RA 6424]. Ed., p. 1].
Credit sale. A sale of Creek. A recess or arm

products, services or an extending from a river and
interest in land to a person participating in the ebb and
on credit where a debt is flow of the sea; a property
payable in installments or a belonging to the public
finance charge is imposed domain which is not
and includes any agreement susceptible to private
in the form of a bailment of appropriation and acquisitive
products or lease of products prescription, and as a public
or real property if the bailee water, it cannot be
or lessee pays or agrees to registered under the Torrens
pay compensation for use a System in the name of any
sum substantially equivalent individual. [Diego v. CA, 102
to or in excess of the Phil. 494; Mangaldan v.
aggregate value of the Manaoag, 38 Phil. 455].
products or real property
involved and it is agreed Crew. The aggregate of
that the bailee or lessee will seamen who man a ship or
become, or for no other or a vessel. [Moreno’s Law Dict.,
nominal consideration has 2000 Ed., p. 112].
the option to become, the
owner of the products or real
263
Crime. An act or omission the public authority is

which is prohibited by engaged in the exercise of
criminal law. An offense his functions and is not the
against the State, and hence person against whom the
is prosecuted in the name of crime is committed [People
the People of the Philippines. v. Siojo, citing US v.
[People v. Arcilla, GR Rodriquez, 19 Phil. 150
116237. May 15, 1996, citing (1911); Decision of the
Sec. 2, Rule 110, RoC]. 2. Supreme Court of Spain
The commission or omission dated Jan. 24, 1881, 1 Viada
by a person having capacity, 310)], nor the one injured by
of any act, which is either the commission of the
prohibited or compelled by offense. [People v. Pardo, 79
law and the commission or Phil. 568 (1947)].
omission of which is
punishable by a proceeding Crimes against humanity.
brought in the name of the Murder, genocide,
government whose law has enslavement, deportation,
been violated. If the crime is and other acts against a
punished by the Rev. Penal civilian population before or
Code, it is called a felony; if during a war. [Intl. Law Dict.
by a special law, it is called & Direct., 2004].
an offense; and if by an
ordinance, it is called an Crimes against
infraction of an ordinance. international law. Serious
[Gregorio, Fund. of Crim. violations of international
Law Rev., 1997 9th Ed., citing law including crimes against
Wharton’s Crim. Law, 1957, humanity, crimes against
Vol. 1, p. 11]. peace, and war crimes. [Intl.
Crime committed in
contempt of, or with Crimes against peace. The
insult to public planning, preparing,
authorities. An aggravating initiating, and/or waging a
circumstance under Art. 14 war of aggression in
(2) of the Rev. Penal Code violation of international law.
that requires the following Participating in a conspiracy
essential elements: (a) That to commit crimes against
the crime is committed in humanity or war crimes.
the presence of a public [Intl. Law Dict. & Direct.,
authority, not a mere agent 2004].
of the authorities [People v.
Siojo, 61 Phil. 307 (1935); Crimes involving
People v. Verzo, 21 SCRA destruction. See
1403 (1967)]; and (b) that Destruction.
264
over the subject matter; and

Crimina juris gentium. Lat. (c) jurisdiction over the
Crimes against the law of person of the accused.
nations. Crimes for which [Albano, Rem. Law Reviewer,
international customary law 1st Ed., p. 11-12].
imposes criminal
responsibility on individuals Criminal justice system.
and for which all states may The network of courts and
punish an offender. These tribunals which deal with
include crimes against criminal law and its
humanity and crimes against enforcement. [Glossary of
peace. [Intl. Law Dict. & Legal Terms (Pro-Se), 2004].
Direct., 2004].
Criminal law. That body of
Criminal action. An action the law that deals with
one by which the State conduct considered so
prosecutes a person for an harmful to society as a
act or omission punishable whole that it is prohibited by
by law. [Sec. 3(b), Rule 1, statute, prosecuted and
RoC]. punished by the
government. [Duhaime's
Criminal contempt. Conduct Legal Dict., 2004].
that is directed against the
dignity and authority of the Criminal liability. The
court or a judge acting obligation to serve the
judicially; it is an act personal or imprisonment
obstructing the penalties (and) the liability
administration of justice to pay the fines or pecuniary
which tends to bring the penalties. [Petralba v.
court into disrepute or Sandiganbayan, GR 81337.
disrespect. [People v. Godoy, Aug. 16, 1991].
GR 115908-09. Mar. 29,
1995]. Compare with Civil Criminal liability. Requisites:
contempt. (a) That an international
felony has been committed,
Criminal jurisdiction. The and (b) that the wrong done
authority to hear and try a to the aggrieved party be
particular offense and the direct, natural and
impose the punishment for logical consequence of the
it. [People v. Mariano, GR L- felony committed by the
40527. June 30, 1976]. offender. [People v. Iligan,
191 SCRA 643, 651 (1990),
Criminal jurisdiction. citing People v. Mananquil,
Elements: (a) Territorial 132 SCRA 196, 207 (1984)].
jurisdiction; (b) jurisdiction
265
Criminal liability, modes of be, of a person who is

extinguishing. Art. 89 of accused of having
the Rev. Penal Code committed a crime. [Suarez,
enumerates the causes that Intro. to Law, 1995 3rd Ed., p.
totally extinguish criminal 233].
liability as follows: (a) the
death of the convict, as to Criminal prosecutions.
the personal penalties; and Proceedings before the trial
as to pecuniary penalties, court from arraignment to
liability therefore is rendition of the judgment.
extinguished only when the [People v. Jose, GR L-28232.
death of the offender occurs Feb. 6, 1971].
before final judgment; (b)
service of the sentence; (c) Critically endangered
amnesty, which completely species. A species or
extinguishes the penalty and subspecies that is facing
all its effects; (d) absolute extremely high risk of
pardon; (e) prescription of extinction in the wild in the
the crime; (f) prescription of immediate future. [Sec. 5,
the penalty; (g) the marriage RA 9147].
of the offended woman, as
provided in Art. 344 of the Critical circumstances.
Code. [Tangan v. People GR Circumstances where there
L-73963. Nov. 5, 1987]. is prima facie evidence that
increased imports, where
Criminal negligence. The there absolute or relative to
quasi offense under Art. 365 domestic production, are a
of the Rev. Penal Code substantial cause of serious
(resulting from) the injury or threat thereof to
execution of an imprudent or the domestic industry and
negligent act that, if that delay in taking action
intentionally done, would be under RA 8800 would cause
punishable as a felony. The damage to the industry that
law penalizes the negligent would be difficult to repair.
or careless act, not the [Sec. 4, RA 8800].
result thereof. [People v.
Buan, GR L-25366. Mar. 29, Critical watershed. A
1968]. See Reckless drainage area of a river
imprudence. system supporting existing
and proposed hydro-electric
Criminal procedure. Part of power and irrigation works
remedial law which provides needing immediate
for the apprehension, rehabilitation as it is being
prosecution, conviction or subjected to a fast
acquittal, as the case may denudation causing
266
accelerated erosion and claims against another co-

destructive floods. It is defendant for contribution
closed from logging until it is for any damages assessed
fully rehabilitated. [Sec. 3, against him. [Glossary of
PD 705]. Legal Terms (Pro-Se), 2004].
Cropper. One who is Crossed check. A check

employed to cultivate land, crossed with two (2) lines,
receiving as his between which are either
compensation a share of the the name of a bank or the
crops. [Abig v. Constantino, words “and company,” in full
GR L-12460. May 31, 1961]. or abbreviated. In the former
case, the banker on whom it
Crop zonification. is drawn must not pay the
Geographical delineation of money for the check to any
suitable area for the other than the banker
production of specific crops named; in the latter case, he
based on the following must not pay it to any other
criteria: soil and climate than a banker. [Gempesaw
conditions; infrastructure v. CA, GR 92244. Feb. 9,
and support services; and 1993, citing Black's Law Dict.
local and external demands 301 (4th Ed.)].
within specific periods of
time. [Sec. 2, PD 2032]. Cross-examination. Evid. 1.
The cross-examination of the
Cross-claim. 1. Any claim by witness by the adverse
one party against a co-party party, upon the termination
arising out of the transaction of the direct examination, as
or occurrence that is the to any matter stated in the
subject matter either of the direct examination, or
original action or of a connected therewith, with
counter-claim therein. Such sufficient fullness and
cross-claim may include a freedom to test his accuracy
claim that the party against and truthfulness and
whom it is asserted is or freedom from interest or
may be liable to the cross- bias, or the reverse, and to
claimant for all or part of a elicit all important facts
claim asserted in the action bearing upon the issue. [Sec.
against the cross-claimant. 6, Rule 132, RoC]. 2. The
[Sec. 7, Rule 6, RoC]. 2. A questioning of a witness
pleading which asserts a produced by the other side.
claim arising out of the same [Glossary of Legal Terms
subject action as the original (Pro-Se), 2004]. Compare
complaint against a co-party, with Direct examination.
i.e., one co-defendant cross
267
Crude oil. Also Crude. 1. Oil commission. [People v.

in its natural state before the Llabres, GR 74294-96. Aug.
same has been refined or 4, 1993, citing Art. 14 (21),
otherwise treated, but RPC]. 2. The intentional and
excluding water, bottoms, malicious infliction of
sediments and foreign physical or mental suffering
substances. [Sec. 4, RA upon living creatures,
8479]. 2. Oil in its natural particularly human beings;
state before the same has or, as applied to the latter,
been refined or otherwise the wanton, malicious, and
treated. It does not include unnecessary infliction of pain
oil produced through upon the body, or the
destructive distillation of feelings and emotions;
coal, bituminous shales or abusive treatment;
other stratified deposits, inhumanity; outrage.
either in its national state or [Black’s Law Dict., Abr. 5th
after the extraction of water, Ed. (1983), p. 199].
and sand or other foreign
substances there-from. [Sec. Cryogenic. Descriptive of any
3, PD 87]. material which by its nature
or as a result of its reaction
Crude oil exported. This with other elements
includes not only crude oil produces a rapid drop in
exported as such but also temperature of the
indigenous crude oil refined immediate surroundings.
in the Philippines for export. [Sec. 3, PD 1185].
[Sec. 3, PD 87].
CSC. See Civil Service
Cruel punishment. Commission.
Punishment which is
flagrantly and plainly CTA. Court of Tax Appeals.
oppressive, wholly
disproportionate to the Cuadrilla. Sp. 1. A band. 2.
nature of the offense as to More than three armed
shock the moral sense of the malefactors acting together
community. [People v. in the commission of the
Estoista, GR L-5793. Aug. 27, offense. [People v. Atencio,
1953]. GR L-22518. Jan. 17, 1968].
Cruelty. 1. This occurs when Cuadrilla. Sp. Indispensable

the wrong done in the components: (a) at least four
commission of the crime is malefactor and (b) all of the
deliberately augmented by four malefactors are armed.
causing another wrong [People v. Apduhan, Jr., GR
which is not necessary for its L-19491. Aug. 30, 1968].
268
Cuando el marido Culpa. Also Negligence or

translade su residencia. Culpa aquiliana. Sp. Fault.
Sp. “When the husband shall 1. An independent source of
transfer his residence." A obligation between two
phrase referring to another persons not so formerly
positive act of relocating the bound by any juridical tie.
family to another home or And the civil liability that
place of actual residence. may arise therefrom is not
[Romualdez-Marcos, GR intended to be merged in the
119976. Sep. 18, 1995]. criminal. Thus, where an
individual is civilly liable for
Cuasi-delitos. See Quasi- a negligent act or omission,
delict. it is not required that the
injured party should seek out
Cuius est solum, ejus est a third person criminally
usque ad caelum et ad liable whose prosecution
inferos. Lat. Who owns the must be condition precedent
land, owns down to the to the enforcement of the
center of the earth and up to civil right. [Batangas Laguna
the heavens. This principle Tayabas Bus Co. v. CA, GR L-
of land ownership has been 33138-39. June 27, 1975]. 2.
greatly tempered by case Responsibility for
law which has limited wrongdoing. [Intl. Law Dict.
ownership upwards to the & Direct., 2004].
extent necessary to maintain
structures. Otherwise, Culpa aquiliana. An
airplanes would trespass independent source of
incessantly. [LawInfo Legal obligation between two
Dictionary (2005)]. persons not so formerly
bound by any juridical tie.
Cujus est dominum ejus And the civil liability that
est periculum. He who has may arise therefrom is not
the ownership suffers the intended to be merged in the
risk. [Moreno’s Law Dict., criminal. Thus, where an
2000 Ed., p. 115]. individual is civilly liable for
a negligent act or omission,
Culibet ex virtute si non ad it is not required that the
veleari debeet vincese. injured party should seek out
Lat. One should prevail by a third person criminally
reason of his own strength, liable whose prosecution
and not by reason of his must be condition precedent
opponent’s weakness. to the enforcement of the
[Moreno’s Law Dict., 2000 civil right. [BLTB Bus Co. v.
Ed., p. 115]. CA, GR L-33138-39. June 27,
269
1975]. See also Quasi-

delict. Cultivate or culture. Any act
of knowingly planting,
Culpa contractual. The growing, raising, or
source of liability of those permitting the planting,
who in the performance of growing or raising of any
their obligations are guilty of plant which is the source of
fraud, negligence, or delay, a dangerous drug. [Sec 3, RA
and those who in any 9165].
manner contravene the
tenor thereof. [Claridades, Cultivation. The concept is
A., Compilation of Notes, not limited to the plowing or
2001-2006]. harrowing of the soil as in
rice and corn fields.
Culpa extra-contractual. Cultivation includes all
See Quasi-delict. activities designed to
promote the growth and
Culpa in eligiendo. Lat. Own care of the plants or trees
negligence in the selection and husbanding the earth,
of employees. [Moreno’s Law by general industry, so that
Dict., 2000 Ed., p. 115]. it may bring forth more
products or fruits. [Cuaño v.
Culpa in vigilando. Lat. Own CA, GR 107159. Sep. 26,
negligence in the 1994].
supervision over one’s
employees. [Moreno’s Law Cultural properties. Old
Dict., 2000 Ed., p. 115]. buildings, monuments,
shrines, documents, and
Culpa lata. Lat. Gross objects which may be
negligence. It is more than classified as antiques, relics,
just simple negligence and or artifacts, landmarks,
includes any action or an anthropological and
omission in reckless historical sites, and
disregard of the specimens of natural history
consequences to the safety which are of cultural,
or property of another. historical, anthropological or
[Duhaime's Legal Dict., scientific value and
2004]. significance to the nation;
such as physical, and
Culpa lata dolo anthropological,
aequiparatur. Lat. Gross archaeological and
negligence is equivalent to ethnographical materials,
intentional wrong. [Balatbat meteorites and tektites;
v. CA, GR 109410. Aug. 28, historical objects and
1996]. manuscripts; house and
270
agricultural implements; proposition. [Claridades, A.,

decorative articles or Compilation of Notes, 2001-
personal adornment; works 2006]. Compare with
of art such as paintings, Corroborative evidence.
sculptures, carvings, jewelry,
music, architecture, Cumulative preferred
sketches drawings or shares. Corp. Law. Those
illustrations in part or in which entitle the holder to
whole; works of industrial payment not only of current
and commercial art such as dividends but also of back
furniture, pottery, ceramics, dividends not previously
wrought iron, gold, bronze, paid, when and if dividends
silver, wood or other heraldic are declared, to the extent
items, metals, coins, medals, stipulated, before holders of
badges, insignias, coat of common shares are paid.
arms, crests, flags, arms, [Diaz, Bus. Law Rev., 1991
and armor; vehicles or ships Ed., p. 249]. Compare with
or boats in part or in whole. Non-cumulative preferred
[Sec. 3, RA 4846]. shares.
Culture. See Cultivate. Cumulative sentences.

Sentences for two or more
Cumulative. Constituted by crimes to run consecutively,
accumulation; acquiring or rather than concurrently.
increasing in force by [Jurist’s Legal Dict., 2004].
successive additions.
[Legasto v. CA, GR 76854- Cumulative voting. 1. Corp.
60. Apr. 25, 1989, citing Law. Voting by which a
Oxford Univ. Dict.]. stockholder is entitled to
cast such number as the
Cumulative constitution. number of shares
Const. Law. A constitution outstanding entitled to vote
which is a product of gradual in his name times the total
political development. number of directors to be
[Suarez, Pol. Law Reviewer, elected which shall be equal.
1st Ed., 2002, pp. 9]. [Diaz, Bus. Law Rev., 1991
Compare with Ed., p. 258]. 2. Intl. Law. A
Conventional system of voting by which a
constitution. voter, having a number of
votes equal to the offices to
Cumulative evidence. be filled, may concentrate
Evidence which is of the the whole number upon one
same kind and character as candidate, or may distribute
that already given and tends them as he sees fit. [Intl.
to prove the same Law Dict. & Direct., 2004].
271
Currency. All Philippine notes

Cunnilingus. Legal Med. and coins issued or
Sexual gratification attained circulating in accordance
by licking the female with the provisions of RA
genitalia. [Olarte, Legal 7653. [Sec. 49, RA 7653].
Med., 1st Ed. (2004), p. 115].
Compare with Fellatio. Current operating
expenditures (COE). 1.
Curative or remedial Appropriations for the
statutes. They are remedial purchase of goods and
by curing defects and adding services for current
to the means of enforcing consumption or for benefits
existing obligations. The rule expected to terminate within
in regard to curative statutes the fiscal year. [Sec. 2,
is that if the thing omitted or Chap. 1, Book VI, EO 292]. 2.
failed to be done, and which Appropriations for the
constitutes the defect purchase of goods and
sought to be removed or services for current
made harmless, is consumption within the fiscal
something the legislature year, including the
might have dispensed with acquisition of furniture and
by a previous statute, it may equipment of nominal value
do so by a subsequent one. usually used in the conduct
Curative statutes are of normal government
intended to supply defects, operations. [Sec. 14, PD
abridge superfluities in 477].
existing laws, and curb
certain evils. They are Current school fees. The
intended to enable a person tuition and other school fees
to carry into effect that collected or charged by
which they have designed private schools, colleges and
and intended, but has failed universities as approved,
of expected legal indicated and published in
consequence by reason of their respective
some statutory disability or prospectuses, bulletins of
irregularity in their own information, or catalogues.
action. They make valid that [Sec. 1, Rule II, PD 451].
which, before the enactment
of the statute, was invalid. Currit tempus contra
[Frivaldo v. Comelec, GR decides et sui juris
120295. June 28, 1996, contemptores. Lat. Time
citing Agpalo, Stat. Con., 2nd runs against the slothful and
Ed. (1990), 270-271]. those who neglect their
rights. [Moreno’s Law Dict.,
2000 Ed., p. 116].
272
also defined as the detainer

Curtain board. A vertical of a person by virtue of a
panel of non-combustible or lawful authority, or the care
fire resistive materials and possession of a thing or
attached to and extending person. [People v. Donato,
below the bottom chord of GR 79269. June 5, 1991,
the roof trusses, to divide citing Bouviers Law Dict., 3rd
the underside of the roof into Ed, Vol. I, pp. 741-742]. 2.
separate compartments so The actual or constructive
that heat and smoke will be possession or control of
directed upwards to a roof supplies or property. [IRR on
vent. [Sec. 3, PD 1185]. Supply & Prop. Mgt., per Sec.
383, LGC]. 3. Detaining of a
Curtilage of dwelling. A person by lawful process or
space necessary and authority to assure his
convenient, habitually used appearance to any hearing;
for family purposes and for the jailing or imprisonment
carrying on a domestic of a person convicted of a
employment. The yard, crime. [Glossary of Legal
garden or field which is near Terms (Pro-Se), 2004].
to and used in connection
with the dwelling. [Moreno’s Custom. A rule of conduct
Law Dict., 2000 Ed., p. 116]. formed by repetition of acts,
uniformly observed
Custodia legis. In the (practiced) as a social rule,
custody of the law. legally binding and
[Claridades, A., Compilation obligatory. [Yao Kee v. Sy-
of Notes, 2001-2006]. Also Gonzales, 167 SCRA 736
In custodia legis. (1988)].
Custodial investigation. Customary laws. A body of

Also In custody written and/or unwritten
investigation. Any rules, usages, customs and
questioning initiated by law practices traditionally and
enforcement officers after a continually recognized,
person has been taken into accepted and observed by
custody or otherwise respective Indigenous
deprived of his freedom of Cultural
action in any significant way. Communities/Indigenous
[Navallo v. Sandiganbayan, Peoples (ICCs/IPs). [Sec. 4,
GR 97214. July 18, 1994]. RA 8371].
Custody. 1. It has been held Customs. A duty imposed on

to mean nothing less than imports or exports. [Garcia
actual imprisonment. It is v. Exec. Sec., GR 101273.
273
July 3, 1992, citing Cooley, at an accepted equivalent of

on Taxation, p. 3]. the performance of an
obligation [8 Manresa 324,
Customs duties. 1. The cited in 4 Tolentino
name given to taxes on the Commentaries & Jurisp. on
importation and exportation the Civil Code of the Phil.,
of commodities, the tariff or 282 (1973)].
tax assessed upon
merchandise imported from, DAIF. Drawn against
or exported to, a foreign insufficient funds.
country. [Garcia v. Exec. [Claridades, A., Compilation
Sec., GR 101273. July 3, of Notes, 2001-2006].
1992]. 2. Taxes imposed on
goods exported from or Daily time record. The
imported into a country. [De record of the time an
Leon, Fundamentals of employee reported for the
Taxation, 2000 Ed., p. 21]. day. [Moreno’s Law Dict.,
2000 Ed., p. 118].
Cutting cycle. The number of
years between major Daily wage. A labor contract
harvests in the same whereby a worker is paid
working unit and/or region, daily for his labor alone.
within a rotation. [Sec. 3, PD [Moreno’s Law Dict., 2000
705]. Ed., p. 118].
Damage and obstruction to

means of communication.
committed by any person
who shall damage any
railway, telegraph or
telephone lines, whether or
not the damage shall result
in any derailment of cars,
collision or other accident.
[Art. 330, RPC].
Damage. As
-D- contradistinguished from
Damages. The loss or harm
Dacion en pago. Also suffered by one person or his
Adjudication or Dation in property. [Ancheta, The Law
payment. The transmission on Obligations and
of the ownership of a thing Contracts, Rev. Ed., p. 239].
by the debtor to the creditor
274
Damages. 1. The sum of SCRA 197; Atienza v.

money which the law awards Comelec, 239 SCRA 298]. 2.
or imposes as pecuniary Damage or loss which does
compensation, recompense, not constitute a violation of
or satisfaction for an injury a legal right or amount to a
done or a wrong sustained legal wrong is not
as a consequence either of a actionable. [Globe MacKay v.
breach of a contractual CA, GR 81262. Aug. 25,
obligation or a tortuous act. 1989].
[Torres, Oblig. & Cont., 2000
Ed., p. 315]. 2. A cash Damper. A normally open
compensation ordered by a device installed inside an air
court to offset losses or duct system which
suffering caused by automatically closes to
another's fault or restrict the passage of
negligence. Damages are a smoke or fire. [Sec. 3, PD
typical request made of a 1185].
court when persons sue for
breach of contract or tort. Dance hall. See Cabaret.
2004]. 3. Money awarded by Dancing school. Any
a court to a person injured establishment where
by the unlawful actor ballroom dancing is taught
negligence of another and permitted to the public
person. [Glossary of Legal in consideration of an
Terms (Pro-Se), 2004]. enrollment, admission,
Compare with Injury. membership, or any other
fees. [Sec. 1, PD 426].
Damages. Kinds: Damages
may be: (a) actual or Dangerous drugs. 1. Those
compensatory; (b) moral; (c) listed in the Schedules
nominal; (d) temperate or annexed to the 1961 Single
moderate; (e) liquidated; or Convention on Narcotic
(f) exemplary or corrective. Drugs, as amended by the
[Art. 2197, CC]. 1972 Protocol, and in the
Schedules annexed to the
Damnum absque injuria. 1971 Single Convention on
Lat. 1. Damage without Psychotropic Substances as
injury. Damage or injury enumerated in RA 9165.
inflicted without injustice. [Sec 3, RA 9165]. 2. The
Loss or damage without term refers to either
violation of a legal right. A Prohibited drug or Regulated
wrong done to a man for drug. [Sec. 2, RA 6425].
which the law provides no
remedy. [Escano v. CA, 100
275
Dangerous drugs, illegal the physiological system of

sale of. Elements: (a) the body, and of the
Identity of the buyer and the dangerous drugs. [Sec 3, RA
seller, the object, and 9165].
consideration; and (b) the
delivery of the thing sold and Dangerous tendency
the payment therefor. doctrine. The doctrine that
[People v. Zervoulakos, GR states that if the words
103975. Feb. 23, 1995]. uttered create a dangerous
tendency which the state
Dangerous drugs, selling has a right to prevent, then
of. Any act of giving away such words are punishable.
any dangerous drug and/or It is not necessary that some
controlled precursor and of the definite or immediate
essential chemical whether acts or force, violence, or
for money or any other unlawfulness be advocated,
consideration. [Sec 3, RA It is sufficient that such acts
9165]. be advocated in general
terms. Nor is it necessary
Dangerous drugs, trading that the language used be
of. Transactions involving reasonably calculated to
the illegal trafficking of incite persons to acts of
dangerous drugs and/or force, violence, or
controlled precursors and unlawfulness. It is sufficient
essential chemicals using if the natural tendency and
electronic devices such as, probable effect of the
but not limited to, text utterance be to bring about
messages, email, mobile or the substantive evil; which
landlines, two-way radios, the legislative body seeks to
internet, instant messengers prevent. [Cabansag v.
and chat rooms or acting as Fernandez, 102 Phil. 152,
a broker in any of such citing Gitlow v. New York 268
transactions whether for U.S. 652]. Compare with
money or any other Clear and present danger
consideration in violation of rule and Balancing test.
RA 9165. [Sec 3, RA 9165].
Daño emergente. Sp. The
Dangerous drugs, use of. value of the loss suffered.
Any act of injecting, [Art. 2000, CC]. See also
intravenously or Lucro cesante.
intramuscularly, of
consuming, either by Data storage device. A
chewing, smoking, sniffing, device used to electronically
eating, swallowing, drinking store counting and
or otherwise introducing into canvassing results, such as a
276
memory pack or diskette. corporeal thing or a real

[Sec. 2, RA 8436]. right or a credit against the
third person; (b) there must
Date. Nego. Inst. The date of be some difference between
the instrument or of the the prestation due and that
acceptance or any which is given in substitution
indorsement thereon which (aliud pro alio); (c) there
is deemed prima facie to be must be an agreement
the true date of the making, between the creditor and
drawing, acceptance, or debtor that the obligation is
indorsement, as the case immediately extinguished by
may be. [Sec. 11, NIL]. reason of the performance of
a prestation different from
Dating relationship. A that due. [3 Castan, Vol. I,
situation wherein the parties 8th Ed., p. 283, cited in IV
live as husband and wife Caguioa Comments and
without the benefit of Cases in Civil Law, p. 325].
marriage or are romantically
involved over time and on a Day certain. The day which
continuing basis during the must necessarily come,
course of the relationship. A although it may not be
casual acquaintance or known when. [Art. 1193,
ordinary socialization CC].
between two individuals in a
business or social context is Day in court. The affording
not a dating relationship. of an opportunity to be
[Sec. 3, RA 9262]. heard. [People v. Retania (95
SCRA 201), citing 11 Words
Dation in payment. Also & Phrases Judicially Defined,
Adjudication or Dacion en par. 119 and 120].
pago. The conveyance of
ownership of a thing to the Dead freight. Mar. Law. A
creditor as an accepted charge imposed on a
equivalent of performance of charterer when a chartered
an obligation in money. ship has less than a full load.
[Diaz, Bus. Law Rev., 1991 [Intl. Law Dict. & Direct.,
Ed., p. 39]. 2004].
Dation in payment. Deadlock. Labor. 1. The

Requisites for validity: (a) counteraction of things
There must be the producing entire stoppage: a
performance of the state of inaction or of
prestation in lieu of payment neutralization caused by the
(animo solvendi) which may opposition of persons or of
consist in the delivery of a factions (as in government
277
or a voting body); standstill. designed for offensive or

[Webster's 3rd New Intl. Dict., defensive purposes, or for
1986 Ed., p. 580]. 2. A the destruction of life or the
complete blocking or infliction of injury; or one
stoppage resulting from the which, from the manner
action of equal and opposed used, is calculated or likely
forces; as, the dead-lock of a to produce death or serious
jury or legislature. bodily harm. [People v.
[Webster's New 20th Century Alfeche, GR 124213. Aug.
Dict., 2nd Ed., p. 465]. 3. The 17, 1998, citing Black's Law
word is synonymous with the Dict., 5th Ed., 359].
word impasse, [Burton's
Legal Thesaurus, 1980 Ed., Dead man statute. Also
p. 133] which, within the Survivorship
meaning of the American disqualification rule. Evid.
federal labor laws, The rule that parties or
presupposes reasonable assignors of parties to a
effort at good faith case, or persons in whose
bargaining which, despite behalf a case is prosecuted,
noble intentions, does not against an executor or
conclude in agreement administrator or other
between the parties. [NLRB representative of a deceased
v. Bancroft, 635 F. 2d 492 person, or against a person
(1981)]. of unsound mind, upon a
claim or demand against the
Deadlock bar rule. Labor. estate of such deceased
The rule (which) simply person or against such
provides that a petition for person of unsound mind,
certification election can cannot testify as to any
only be entertained if there matter of fact occurring
is no pending bargaining before the death of such
deadlock submitted to deceased person or before
conciliation or arbitration or such person became of
had become the subject of a unsound mind. [Sec. 23,
valid notice of strike or Rule 130, RoC].
lockout. The principal
purpose is to ensure stability Dead slow ahead. A
in the relationship of the maritime maneuver
workers and the equivalent to three to four
management. [NACUSIP v. miles per hour. [Moreno’s
Trajano, GR 67485. Apr. 10, Law Dict., 2000 Ed., p. 120].
1992].
Deal. To do a distributing or
Deadly weapon. Any weapon retailing business or to have
or instrument made and intercourse on business
278
relations. [Asbestos in the purchase of securities

Integrated Manufacturing, and the resale thereof to
Inc. v. Peralta, GR L-45515. customers; that is, one who,
Oct. 29, 1987, citing as a merchant, buys
Webster's New Collegiate securities and re-sells them
Dict.]. to customers with a view to
the gains and profits that
Dealer. 1. Any person who may be derived therefrom.
buys sells securities for his [Sec. 22, NIRC, as amended].
own account in the ordinary 2. All persons who for their
course of business. [Sec. 3, own account are engaged in
RA 8799]. 2. Any person, the sale of stock, bonds,
whether natural or juridical, exchange, bullion, coined
who is engaged in the money, bank notes,
marketing and direct selling promissory notes, or other
of petroleum products to securities. [Sec. 1, PD 426].
motorists, end users, and
other consumers. [Sec. 4, RA Deal in. To have to do, be
8479]. 3. One whose concerned, or occupied (with
business is to buy and sell or in), to conduct oneself, to
merchandise, goods, and behave or act in any affair or
chattels as a merchant. He toward anyone, to take
stands immediately between action. [Moreno’s Law Dict.,
the producer or 2000 Ed., p. 121].
manufacturer and the
consumer and depends for Death. 1. The irreversible
his profit not upon the labor cessation of circulatory and
he bestows upon his respiratory functions or the
commodities but upon the irreversible cessation of all
skill and foresight with which functions of the entire brain,
he watches the market. [Sec. including the brain stem.
131, RA 7160]. 4. He is not [Sec. 2, RA 7170]. 2. Loss of
one who buys to keep or life resulting from injury or
makes to sell, but one who sickness. [Art. 167, LC].
buys to sell again. [Ah Nam
v. City of Manila, 109 Phil. Death by accidental
808]. means. Death caused by
some act of the deceased
Dealer in securities. 1. A not designed by him, and
merchant of stocks or not intentionally done by
securities, whether an him. [Moreno’s Law Dict.,
individual, partnership or 2000 Ed., p. 122].
corporation, with an
established place of Death caused in a
business, regularly engaged tumultuous affray. Crim.
279
Law. The felony committed The felony committed by any

when, while several persons, legally married person who
not composing groups having surprised his spouse
organized for the common in the act of committing
purpose of assaulting and sexual intercourse with
attacking each other another person, shall kill any
reciprocally, quarrel and of them or both of them in
assault each other in a the act or immediately
confused and tumultuous thereafter, or shall inflict
manner, and in the course of upon them any serious
the affray someone is killed, physical injury. [Art. 247,
and it cannot be ascertained RPC].
who actually killed the
deceased. [Art. 251, RPC]. Death penalty. This is the
most severe form of corporal
Death caused in a punishment as it is requires
tumultuous affray. law enforcement officers to
Elements: That: (a) there be kill the offender. [Claridades,
several persons; (b) that A., Compilation of Notes,
they did not compose groups 2001-2006]. Also known as
organized for the common Capital punishment.
purpose of assaulting and
attacking each other Death Penalty Law. RA 7659
reciprocally; (c) these entitled “An Act to impose
several persons quarreled the death penalty on certain
and assaulted one another in heinous crimes, amending
a confused and tumultuous for that purpose the revised
manner; (d) someone was penal laws, and for other
killed in the course of the purposes” enacted on Dec.
affray; (e) it cannot be 13, 1993.
ascertained who actually
killed the deceased; and (f) Debenture bonds. Corp.
that the person or persons Law. Bonds not secured by
who inflicted serious physical any specific property but by
injuries or who used violence the general credit of the
can be identified. [Sison v. issuing corporation. [Diaz,
People, GR 108280-83. Nov. Bus. Law Rev., 1991 Ed., p.
16, 1995, citing II Reyes, 269].
Rev. Penal Code, 436
(1993)]. Debenture shares. Corp.
Law. Those which are more
Death or physical injuries of certificates of
inflicted under indebtedness not
exceptional guaranteed by any property
circumstances. Crim. Law. of the issuing corporation.
280
[Diaz, Bus. Law Rev., 1991 latter being referred to as

Ed., p. 250]. the creditor. 2. One who
owes a debt to another.
Debit. A sum charged as due [Glossary of Legal Terms
or owing. An entry made on (Pro-Se), 2004].
the asset side of a ledger or
account. [Black’s Law Dict., Decedent. 1. The general
Abr. 5th Ed. (1983), p. 210]. term applied to the person
Compare with Credit. whose property is
transmitted through
Debitum pro debito. Lat. succession, whether or not
New debt for old debt. he left a will. If he left a will,
Basically, extinguishing the he is also called the testator.
old obligation for the new [Art. 775, CC]. 2. The
one. [Reyes v. CA, GR deceased person whose
120817. Nov. 4, 1996]. estate is under
consideration. [Torres, Oblig.
Debt. An obligation to pay & Cont., 2000 Ed., p. 349].
money at some fixed future
time, or at a time which Deceit. The false
becomes definite and fixed representation of a matter of
by acts of either party and fact whether by words or
which they expressly or conduct, by false or
impliedly, agree to perform misleading allegations, or by
in the contract. [Lirag Textile concealment of that which
v. SSS, GR L-33205. Aug. 31, should have been disclosed
1987]. which deceives or is
intended to deceive another
Debt bondage. The pledging so that he shall act upon it to
by the debtor of his/her his legal injury. [People v.
personal services or labor or Castillo, 76 Phil. 72 (1946)].
those of a person under
his/her control as security or Deceits, other. Crim. Law.
payment for a debt, when The felony committed by any
the length and nature of person who shall defraud or
services is not clearly damage another by any
defined or when the value of other deceit not mentioned
the services as reasonably in Art. 317 of the Rev. Penal
assessed is not applied Code; or by any person who,
toward the liquidation of the for profit or gain, shall
debt. [Sec. 3, RA 9208]. interpret dreams, make
forecasts, tell fortunes, or
Debtor. 1. A person who take advantage of the
owes money, goods or credulity of the public in any
services to another, the
281
other similar manner. [Art. According to a constitutional

318, RPC]. author, decentralization of
power amounts to self-
Decentralization. Pol. Law. immolation, since in that
Devolution of national event, the autonomous
administration — but not government be-comes
power — to the local levels. accountable not to the
[Ganzon v. CA, GR 93252. central authorities but to its
Aug. 5, 1991]. Compare with constituency. [Limbona v.
Devolution. Mangelin, GR 80391. Feb.
28, 1989, citing Bernas,
Decentralization of "Brewing storm over
administration. Pol. Law. autonomy," The Manila
The delegation by the Chronicle, pp, 4-5].
central government of
administrative powers to Decibel. A measure of the
political subdivisions in order intensity or level of sound.
to broaden the base of [Moreno’s Law Dict., 2000
government power and in Ed., p. 123].
the process to make local
governments more Decision. 1. The whole or any
responsive and accountable part of the final disposition,
and ensure their fullest not of an interlocutory
development as self-reliant character, whether
communities and make them affirmative, negative, or
more effective partners in injunctive in form, of an
the pursuit of national agency in any matter,
development and social including licensing, rate
progress. [Limbona v. fixing and granting of rights
Mangelin, GR 80391. Feb. and privileges. [Sec. 2, Chap.
28, 1989, citing Art. XI, Sec. 1, Book VII, EO 292]. 2. The
1 and Art X, sec. 3, 1987 opinion of the court in
Const., and Sec. 2, BP 337]. concluding a case at law.
Decentralization of power. (Pro-Se), 2004]. 3. The
Pol. Law. An abdication of determination of the court
political power in favor of which disposes of the case
local governments units after hearing the parties.
declared to be autonomous. [Torres, Oblig. & Cont., 2000
In that case, the Ed., p. 349].
autonomous government is
free to chart its own destiny Declaration. Intl. Law. (a)
and shape its future with The title of a body of
minimum intervention from stipulations of a treaty,
central authorities. according to which the
282
parties undertake to pursue the declarant has died,

in the future a certain line of become insane, or for some
conduct; (b) A unilateral other reason is not available
statement which may create as a witness. The true test in
rights and duties for other reference to the reliability of
States; and (c) a description the declaration is not
of an action taken when a whether it was made ante
State communicates with litem motam, as is the case
other States, or an with reference to some
explanation and justification classes of hearsay evidence,
of a line of conduct pursued but whether the declaration
by them in the past, or an was uttered under
explanation of views and circumstances justifying the
intentions concerning certain conclusion that there was no
matters. [Coquia and probable motive to falsify.
Santiago, Intl. Law, 3rd Ed. [Fitzsimmons v. Atlantic, Gulf
(1998), p. 492]. & Pacific Co., GR L-2016.
Aug. 23, 1949, citing 20 Am.
Declaration against Jur., Evid., Sec. 556, pp. 467-
interest. Evid. 1. The 468]. Compare with Self-
declaration made by a serving declarations.
person deceased, or outside
of the Philippines, or unable Declaration against
to testify, against the interest. Evid. Requisites
interest of the declarant, if for admissibility: (a) the
the fact asserted in the declarant must not be
declaration was at the time available to testify; (b) the
it was made so far contrary declaration must concern a
to the declarant's own fact cognizable by the
interest, pecuniary or moral, declarant; and (c) the
that a reasonable man in his circumstances must render it
position would not have improbable that a motive to
made the declaration unless falsify existed. [GR 111692.
he believed it to be true, Feb. 9, 1996].
which may be received in
evidence against himself or Declaration of presumptive
his successors-in-interest death. Requisites: 1. That
and against third persons. the absent spouse has been
[Sec. 38, Rule 130, RoC]. 2. missing for four consecutive
A declaration against the years, or two consecutive
interest of the person years if the disappearance
making it which is admissible occurred where there is
in evidence, notwithstanding danger of death under the
its hearsay character, if the circumstances laid down in
declaration is relevant and Art. 391, Civil Code; 2. That
283
the pre-sent spouse wishes of law. [Intl. Law Dict. &

to remarry; 3. That the Direct., 2004].
present spouse has a well-
founded belief that the Declaratory judgment.
absentee is dead; and 4. Rem. Law. A statutory
That the present spouse files remedy for judicial
a summary proceeding for determination of a
the declaration of controversy where plaintiff is
presumptive death of the in doubt about his legal
absentee. [Rep. v. Nolasco, rights. [Glossary of Legal
GR 94053. Mar. 17, 1993]. Terms (Pro-Se), 2004].
Declaration of trust. An act Declaratory relief. Rem.

by which a person Law. 1. An action which any
acknowledges that the person interested under a
property, title to which he deed, will, contract, or other
holds, is held by him for the written instrument, or whose
use of another [De Leon v. rights are affected by a
Molo-Peckson, GR L-17809. statute, executive order or
Dec. 29, 1962, citing Griffith regulation, or ordinance,
v. Maxfield, 51 S.W. 832, 66 may, before breach or
Ark. 513, 521]. violation thereof, bring to
determine any question of
Declaratory act. An act construction or validity
declaratory of what the law arising under the instrument
was before its passage, so as or statute and for a
to give it any binding weight declaration of their rights or
with the courts. A legislative duties thereunder. [Mirando
definition of a word as used v. Wellington Ty & Bros., GR
in a statute is not conclusive L-44062. Feb. 16, 1978]. 2.
of its meaning as used Preventive and anticipatory
elsewhere; otherwise, the remedy whereby a person
legislature would be asks the court to declare his
usurping a judicial function rights or duties under a
in defining a term. [Endencia contract or law. There is no
v. David, GR L-6355-56. Aug. breach of contract or
31, 1953, citing 11 Am. Jur., violation of law but there is a
914]. genuine controversy
thereunder. What makes this
Declaratory doctrine. Intl. special civil action distinct is
Law. Doctrine that holds that that the court only makes a
the legal existence of a state declaration about the rights
or government happens or duties of the parties, but
automatically by operation no executory process
follows. [Claridades, A.,
284
Compilation of Notes, 2001- adequately. The failure may

2006]. be due to heart disease,
obstruction in the blood
Declaratory relief. Rem. vessels, etc. The condition is
Law. Requisites: (a) the marked by edema (swelling),
existence of a justiciable shortness of breath
controversy; (b) the (dyspnea), discoloration of
controversy is between the skin, etc. [Marte v. ECC,
persons whose interests are GR L-46362. Mar. 31, 1980,
adverse; (c) that the party citing Schmidt's Atty.’s Dict.
seeking the relief has a legal of Med., p. 215].
interest in the controversy;
and (d) that the issue Decree. 1. A formal
invoked is ripe for judicial declaration of a court or
determination. [Intl. other competent authority
Hardwood v. UP, 200 SCRA and is usually in written
554, 569 (1991); Galarosa v. form. [Torres, Oblig. & Cont.,
Valencia, 227 SCRA 728, 737 2000 Ed., p. 349]. 2. An
(1993)]. order of the court. A final
decree is one that fully and
Declared absence. The finally disposes of the
judicial declaration of litigation. [Glossary of Legal
absence of a person after Terms (Pro-Se), 2004].
the lapse of two years
without any news about the Decree of Registration. A
absentee or since the receipt decree issued and entered
of the last news, and five by the (Land Registration
years in case the absentee Authority), pursuant to an
has left a person in charge of order of the court after the
the administration of his decision rendered by it in a
property. [Art. 384, CC]. registration case has
Compare with Provisional become final. [Claridades,
absence. A., Compilation of Notes,
2001-2006]. It is properly
Decline. To take a downward called a Judicial decree.
direction. [Tatad v. Sec. of
Energy, GR 124360. Nov. 5, Deductible clause. A clause
1997, citing Webster, New in an insurance policy
3rd Intl. Dict., 1993 Ed., p. providing that the insured
586]. will absorb the first part of
the loss (e.g., first P500)
Decompensated state. The with the insurer paying the
condition resulting from the excess. [Moreno’s Law Dict.,
failure of the heart to 2000 Ed., p. 124].
circulate the blood
285
Deed. 1. A document which

transfers ownership of real Deep seabed. The seabed
property. [Torres, Oblig. & and ocean floor and its
Cont., 2000 Ed., p. 349]. 2. A subsoil beyond the limits of
written and signed national jurisdiction (also
document which sets out the called the area). [Intl. Law
things that have to be done Dict. & Direct., 2004].
or recognitions of the parties
towards a certain object. Deep-sea fishing.
[Duhaime's Legal Dict., Commercial fishing in sea
2004]. and inland waters using any
tonnage of fishing vessels of
Deed of warranty. Also our three tones gross
Warranty deed. A deed capacity, licensed by the
which guarantees that the Bureau of Fisheries. [Sec. 2,
title conveyed is good and RA 4095].
its transfer rightful.
[Glossary of Legal Terms Deface. To destroy, to efface
(Pro-Se), 2004]. or erase. [Moreno’s Law
Dict., 2000 Ed., p. 124].
Deem. To accept a document
or an event as conclusive of Defacing or tampering with
a certain status in the a serial number. The
absence of evidence or facts erasing, scratching, altering
which would normally be or changing of the original
required to prove that factory-inscribed serial
status. For example, in number on the motor vehicle
matters of child support, a engine, engine block or
decision of a foreign court chassis of any motor vehicle.
could be deemed to be a Whenever any motor vehicle
decision of the court of is found to have a serial
another for the purpose of number on its motor engine,
enforcement. [Duhaime's engine block or chassis
Legal Dict., 2004]. which is different from that
which is listed in the records
Deemed paid tax credit. A of the Bureau of Customs for
tax credit granted to a motor vehicles imported into
foreign mother corporation the Philippines, that motor
for the amount of dividend vehicle shall be considered
tax actually paid (i.e., to have a defaced or
withheld) from the dividend tampered with serial
remittances by the local number. [Sec. 2, RA 6539].
corporation to its mother
corporation. [Moreno’s Law De facto. Lat. As a matter of
Dict., 2000 Ed., p. 124]. fact. Something which, while
286
not necessarily lawful or corporation. [Moreno’s Law

legally sanctified, exists in Dict., 2000 Ed., p. 120].
fact. A common law spouse
may be referred to a de De facto government. Pol.
facto wife or de facto Law. 1. That government
husband: although not that gets possession and
legally married, they live and control of, or usurps, by
carry on their lives as if force or by the voice of the
married. A de facto majority, the rightful legal
government is one which government and maintains
has seized power by force or itself against the will of the
in any other unconstitutional latter; or, that which is
method and governs in spite established and maintained
of the existence of a de jure by military forces who
government. [Duhaime's invade and occupy a
Legal Dict., 2004]. territory of the enemy in the
course of war, and which is
De facto corporation. A denominated a government
corporation claiming in good of paramount force (more
faith to be a corporation aptly denominated as
under the Corporation Code. Government of
Its due incorporation and its paramount force). [Co
right to exercise corporate Chan v. Tan Keh, 75 Phil.
powers shall not be inquired 113. Sep. 17, 1945]. 2. (a)
into collaterally in any An unrecognized
private suit to which such government; especially one
corporation may be a party. that has not been formally
Such inquiry may be made recognized. (b) An effective
by the Solicitor General in a government; one that is in
quo warranto proceeding. factual control of a territory
[Sec. 20, Corp. Code]. and people. (c) A
Compare with De jure government that maintains
corporation. itself, at least temporarily,
by the use of force against
De facto dissolution. Corp. the will of a de jure
Law. One which takes place government. [Intl. Law Dict.
in substance and in fact & Direct., 2004]. Compare
when the corporation by with De jure government.
reason of insolvency,
cessation of business or De facto officer. Admin.
otherwise, suspends all Law. An officer who derives
operation and it goes into his appointment from one
liquidation still retaining its having colorable authority to
primary franchise to be a appoint, if the office is an
appointive office, and whose
287
appointment is valid on its Default. 1. Civ. Law. The non-

face. One who is in performance of a duty,
possession of an office, and whether arising under a
is discharging its duties contract or otherwise.
under color of authority, by [Torres, Oblig. & Cont., 2000
which is meant authority Ed., p. 349]. 2. Rem. Law.
derived from an Failure of the defendant to
appointment, however appear and answer the
irregular or informal, so that summons and complaint.
the incumbent be not a mere [Glossary of Legal Terms
volunteer. [Dimaandal v. (Pro-Se), 2004].
COA, GR 122197. June 26,
1998, citing Phil. Law Dict., Default. Civ. Law. Requisites:
p. 162]. (a) that the obligation be
demandable and already
De facto separation. A liquidated; (b) that the
separation of the spouses debtor delays performance;
without any agreement. and (c) that the creditor
[Moreno’s Law Dict., 2000 requires the performance
Ed., p. 120]. judicially and extrajudicially.
[SSS v. Moonwalk Devt. &
Defalcation. 1. Defaulting on Housing Corp., GR 73345.
a debt or other obligation Apr. 7, 1993].
such to account for public or
trust funds. Usually used in Default. Rem. Law. Remedies
the context of public available to a defaulted
officials. 2. Defalcation has party. Under the Rules of
another legal meaning Court, there are several
referring to the setting-off of remedies available to a
two debts owed between two defaulted party, namely: (a)
people by the agreement to A party declared in default
a new amount representing may, at anytime after notice
the balance. [Duhaime's thereof and before
Legal Dict., 2004]. judgment, file a motion
under oath to set aside the
Defamation. 1. An attack on order of default upon proper
the good reputation of a showing that his failure to
person, by slander or libel. answer was due to fraud,
[Duhaime's Legal Dict., accident, mistake or
2004]. 2. That which tends excusable negligence, and
to injure a person's that he has a meritorious
reputation. [Jurist’s Legal defense [Sec. 3 (b), Rule 9];
Dict., 2004]. See Libel and (b) If the judgment has
Slander. already been rendered when
the defendant discovered
288
the default, but before the party who fails to appear in

same has become final and court or respond to the
executory, he may file a charges. [Glossary of Legal
motion for new trial under Terms (Pro-Se), 2004].
Sec. 1 (a) of Rule 37; (c) If
the defendant discovered Default or delinquency
the default after the charge. With respect to a
judgment has become final consumer credit transaction,
and executory, he may file a the penalty charge payable
petition for relief under Sec. by the consumer-debtor for
2, Rule 38; and (d) He may failure to pay an amount or
also appeal provided the installment in full on the
decision is not yet final, from date the same becomes due
the judgment rendered and demandable, or on or
against him as contrary to before the period specified
the evidence or to the law, for the purpose in the
even if no motion to set consumer credit sale
aside the order of default documents. [Art. 4, RA
had been presented by him. 7394].
[Tiburcio v. Castro GR L-
58997, May 28, 1988, as Default order, effect of. 1.
modified by the 1997 Rules A party in default shall be
of Civil Proc.]. entitled to notice of
subsequent proceedings, but
Default declaration. If the not to take part in the trial.
defending party fails to [Sec. 3(a), Rule 9, RoC]. 2. A
answer with-in the time defendant who has been
allowed therefor, the court declared in default loses his
shall, upon motion of the standing in court as party
claiming party with notice to litigant. Before the order of
the defending party, and default is vacated, said
proof of such failure, declare defendant has no right to
the defending party in expect that his pleadings
default. Thereupon, the would be acted upon by the
court shall proceed to render court. [Tan v. Dimayuga, GR
judgment granting the L-15241. July 31, 1962].
claimant such relief as his
pleading may warrant, Defeasance. A side-contract
unless the court in its which contains a condition
discretion requires the which, if realized, could
claimant to submit evidence. defeat the main contract.
[Sec. 3, Rule 9, RoC]. The common English usage
of the word Defeasance has
Default judgment. A also become acceptable in
judgment entered against a law, referring to a contract
289
that is susceptible to being That which is put forward to

declared void as in “immoral diminish plaintiff’s cause of
contracts are susceptible to actio or defeat recovery.
defeasance." [Duhaime's Evidence offered by accused
Legal Dict., 2004]. to defeat criminal charge.
[Black’s Law Dict., Abr. 5th
Defective bid. A bid which Ed. (1983), p. 218].
complies with the advertised
descriptions and Defense of property.
specifications but not with Affirmative defense in
the terms and conditions in criminal law or tort law
the invitation to bid. [IRR on where force was used to
Supply & Prop. Mgt., per Sec. protect one's property.
383, LGC]. [Jurist’s Legal Dict., 2004].
Defendant. 1. The term may Defense of relatives.

refer to the original Elements: (a) Unlawful
defending party, the aggression; (b) reasonable
defendant in a counterclaim, necessity of the means
the cross-defendant, or the employed to prevent or repel
3rd (4th, etc.) party it; and (c) the person
defendant. [Sec. 1, Rule 3, defending the relative had
RoC]. 2. The person, no part in provoking the
company or organization assailant, should due
who defends a legal action provocation have been given
taken by a plaintiff and by the person attacked.
against whom the court has [People v. Agapinay, GR
been asked to order 77776. June 27, 1990].
damages or specific
corrective action redress Defense of stranger.
some type of unlawful or Elements: (a) unlawful
improper action alleged by aggression; (b) reasonable
the plaintiff. [Duhaime's necessity of the means
Legal Dict., 2004]. 3. The employed to prevent or repel
person defending or denying it; and (c) the person
a suit. [Glossary of Legal defending be not induced by
Terms (Pro-Se), 2004]. revenge, resentment, or
other evil motive.
Defense. That which is [Masipequiña v. CA, GR L-
offered and alleged by the 51206. Aug. 25, 1989].
party proceeded against in
an action or suit, as a reason Defensive wound. Hand
in law or fact why the wound produced by
plaintiff should not recover defensive grappling to avoid
or establish what he seeks. more serious wounds, such
290
as one who would normally Deficiency judgment. A

use his hands in parrying off judgment for the balance of
the thrust or stabbing blow the indebtedness after
of an assailant. [Moreno’s applying the proceeds of the
Law Dict., 2000 Ed., p. 125]. sale of the mortgaged
property to such
Deferred shares. Corp. Law. indebtedness and is
Those which are entitled to necessarily filed after the
dividends after payment of fore-closure proceedings.
holders of common shares. [Caltex Phils. v. IAC, GR
[Diaz, Bus. Law Rev., 1991 74730. Aug. 25, 1989].
Ed., p. 250].
Deficient. Incomplete;
Deficiency. (a) The amount defective; not sufficient in
by which the tax imposed by quantity or force. [Glossary
this Chapter II of RA 84824 of Legal Terms (Pro-Se),
exceeds the amount shown 2004].
as the tax by the donor upon
his return; but the amount Definitive judgment. 1. A
so shown on the return shall judgment no longer subject
first be increased by the to change, revision,
amount previously assessed amendment, or reversal
(or collected without [Miranda v. CA, 71 SCRA 295
assessment) as a deficiency, (1976)], and the court loses
and decreased by the jurisdiction over it, except to
amounts previously abated, order its execution. [PY Eng
refunded or otherwise repaid Chong v. Herrera, 70 SCRA
in respect of such tax, or (b) 130 (1976)]. 2. A decision
if no amount is shown as the (which) must purport to
tax by the donor, then the decide finally the rights of
amount by which the tax the parties upon the issue
exceeds the amounts submitted, by specifically
previously assessed (or denying or granting the
collected without remedy sought by the
assessment) as a deficiency, action. [Cu Unjieng E. Hijos
but such amount previously v. The Mabalacat Sugar Co.,
assessed, or collected 70 Phil. 39 (1940), citing 33
without assessment, shall CJ, 1102].
first be decreased by the
amount previously abated, Deflation. The reduction in
refunded or otherwise repaid volume and circulation of the
in respect of such tax. [Sec. available money or credit,
104, NIRC, as amended]. resulting in a de-cline of the
general price level. It is the
opposite of inflation. [Diaz,
291
Bus. Law Rev., 1991 Ed., p. PD 932] Compare with Non-

41]. degree programs.
Deflation of currency. See Dehors. Fr. Outside. In the

Extraordinary inflation. context of legal proceedings,
it refers to that which is
Defloration. Legal Med. The irrelevant or outside the
laceration or rupture of the scope of the debate.
hymen as a result of sexual [Duhaime's Legal Dict.,
intercourse. [Olarte, Legal 2004].
Med., 1st Ed. (2004), p. 124].
De jure. Lat. Of the law. Total
Deforciant. 1. A party who adherence of the law. For
fails and refuses to turn over example, a de jure
what in law belongs to government is one which
another. [Moreno’s Law has been created in respect
Dict., 2000 Ed., p. 125]. 2. A of constitutional law and is in
tenant withholding the all ways legitimate even
property unlawfully "after though a de facto
the expiration or termination government may be in
of the right to hold control. [Duhaime's Legal
possession by virtue of any Dict., 2004].
contract, express or implied.
[Co Tiamco v. Diaz, GR L-7. De jure corporation. A
January 22, 1946]. corporation exiting in fact
and in law. [De Leon, Corp.
Deformity or Code of the Phil. Annotated,
disfigurement. Visible 1989 Ed., p. 39]. Compare
ugliness, permanent and with De facto corporation.
visible physical abnormality.
[People v. Balubar, GR De jure government. 1. A
40940. Oct. 9, 1934, citing 5 recognized government.
Viada, Codigo Penal [Claridades, A., Compilation
Comentado, 144]. of Notes, 2001-2006]. 2. A
government established
Defunct. A corporation no according to the constitution
longer operative; having of the state and lawfully
ceased to exist. [Glossary of entitled to recognition. [Intl.
Legal Terms (Pro-Se), 2004]. Law Dict. & Direct., 2004].
Compare with De facto
Degree programs. College government.
and university courses
leading to at least a Delay. Also Mora. The failure
Bachelor's degree. [Sec. 1, to perform an obligation on
the date specified after a
292
judicial or extra-judicial prisoner or the proceedings

demand which failure upon any petition for the
amounts to a violation of the liberation of such person.
obligation. [Diaz, Bus. Law [Art. 126, RPC].
Rev., 1991 Ed., p. 6].
Delay in the delivery of
Delay. To prolong the time of detained persons to the
or before; to stop, detain or proper judicial
hinder for a time, or cause authorities. Crim. Law. The
someone or something to be felony committed by a public
behind in schedule or usual officer or employee who
rate of movement in shall detain any person for
progress. [Lufthansa German some legal ground and shall
Airlines v. CA, GR 83612. fail to deliver such person to
Nov. 24, 1994, citing the proper judicial
Webster's 3rd New Intl. Dict., authorities within the period
p. 595]. of; twelve (12) hours, for
crimes or offenses
Delay. Kinds: (a) mora punishable by light
solvendi or the delay on the penalties, or their
part of the debtor to fulfill equivalent; eighteen (18)
his obligation (to give or to hours, for crimes or offenses
do); mora accipiendi or the punishable by correctional
delay on the part of the penalties, or their equivalent
creditor to accept the and thirty-six (36) hours, for
performance of the crimes, or offenses
obligation; and (c) punishable by afflictive or
compensatio morae or delay capital penalties, or their
committed by both parties in equivalent. [Art. 125, RPC].
reciprocal obligations. [Diaz,
Bus. Law Rev., 1991 Ed., p. Delectus personae. Lat.
6]. Choice of the person.
Delaying release. Crim. Law. Ed. (1983), p. 221].
The felony committed by any
public officer or employee Delectus personae
who delays for the period of doctrine. The doctrine that
time specified in Art. 124 of allows the partners to have
the Rev. Penal Code the the power, although not
performance of any judicial necessarily the right, to
or executive order for the dissolve the partnership.
release of a prisoner or [Ortega v. CA, GR 109248.
detention prisoner, or unduly July 3, 1995].
delays the service of the
notice of such order to said
293
Delectus personarum person, as distinguished

principle. Under this from ordinary jurisdiction
principle, it is required that which is attached by law to
for a partner to associate an office. [Roman Catholic
another with him in his share Apostolic Administrator of
in the partnership, the Davao, Inc. v. Land Regist.
consent of all the partners is Comm., GR L-8451. Dec. 20,
necessary. This is because of 1957]. Compare with
the mutual trust among the Ordinary jurisdiction.
partners and that this is the
case of subjective novation Delegation of legislative
when there is a change in power. The statutory grant
the parties to a contract. of rule-making power to
Their consent thereto is administrative agencies
necessary in order to bind (which is) a valid exception
them. [Albano, Civil Law to the rule on non-delegation
Reviewer, Rev. Ed., p. 412, of legislative power provided
citing Art. 1804, CC]. two conditions concur,
namely: a) the statute is
Delegacion. 1. A form of complete in itself, setting
novation whereby the debtor forth the policy to be
offers and the creditor executed by the agency, and
accepts a third person who b) said statute fixes a
consents to the substitution standard to which the latter
and assumes the obligation, must conform. [Cebu Inst. Of
so that the intervention and Tech. V. Ople, GR L-58870.
the consent of these three Dec. 18, 1987].
persons are necessary. [De
Cortes v. Venturanza, GR L- Delegatus non potest
26058. Oct. 28, 1977, citing delegare. Also Delegati
8 Manresa 436-437, cited in potestas non potest
IV Civil Code of the Phil. by delegare. Lat. A delegated
Tolentino, 1962 Ed., p. 360]. power may not be further
2. A kind of novation by delegated. 1. One of the
which the original debtor, in pivotal principles of
order to be liberated from administrative law: that a
his creditor, gives him a delegate cannot delegate. In
third person who becomes other words, a person to
obliged in his stead to the whom an authority or
creditor. [Torres, Oblig. & decision-making power has
Cont., 2000 Ed., p. 349]. been delegated to from a
Compare with Expromision. higher source, cannot, in
turn, delegate again to
Delegated jurisdiction. another, unless the original
Jurisdiction given to a delegation explicitly
294
authorized it. [Duhaime's (or almost simultaneous)

Legal Dict., 2004]. 2. The injury to two (2) or more
person to whom an office or victims. [People v. Mision,
duty is delegated cannot GR 63480. Feb. 26, 1991].
lawfully devolve the duty on See Compound crime.
another. [City Lumber v.
Domingo, GR L-18611. Jan. Delito continuado. Sp.
30, 1964]. Continued or continuous
crime. In appearance, a
Delict. From Lat. delictum: a delito continuado consists of
fault. Any private wrong or several crimes but in reality
injury, or a minor public there is only one crime in
wrong or injury. [Intl. Law the mind of the perpetrator.
Dict. & Direct., 2004]. [Defensor-Santiago v.
Garchitorena, GR 109266.
Delinquency. 1. Failure or Dec. 2, 1993, citing
omission of duty, a fault, a Guevarra, Commentaries on
misdeed, an offense, a the Rev. Penal Code, 1957
misdemeanor, a crime. Ed., p. 102].
[Padilla v. City of Pasay, GR
L-24039. June 29, 1968]. 2. Delito continuado. Sp.
The commission of an illegal Requisites: There should be
act by a juvenile. [Jurist’s a (a) plurality of acts
Legal Dict., 2004]. performed during a period of
time; (b) unity of penal
Delinquency charge. See provision violated; and (c)
Default charge. unity of criminal intent or
purpose, which means that
Delito complejo. Sp. A crime two or more violations of the
arising from an offense same penal provisions are
being a necessary means for united in one and the same
committing another, which is intent or resolution leading
referred to in the second to the perpetration of the
clause of Art. 48, Rev. Penal same criminal purpose or
Code. [Ponce-Enrile v. aim. [Defensor-Santiago v.
Salazar, GR 92163. June 5, Garchitorena, GR 109266.
1990]. Sp. See Complex Dec. 2, 1993, citing II
crime proper. Derecho Penal, p. 520; I
Aquino, Rev. Penal Code,
Delito compuesto. Sp. The 630, 1987 Ed.].
complex crime defined
under the first clause of Art. Delito de habito. Sp.
48. of the Rev. Penal Code. It Habitual delinquency.
arises from a single physical [People v. Blanco, GR L-
act resulting in simultaneous 2700. Jan. 13, 1950].
295
Delivery of prisoners from

Deliver (a dangerous jails. Crim. Law. The felony
drug). 1. Any act of committed by any person
knowingly passing a who shall remove from any
dangerous drug to another, jail or penal establishment
personally or otherwise, and any person confined therein
by any means, with or or shall help the escape of
without consideration. [Sec such person, by means of
3, RA 9165]. 2. A person's violence, intimidation, or
act of knowingly passing a bribery. [Art. 156, RPC].
dangerous drug to another,
personally or otherwise, and Del tiempo de su condena.
by any means, with or Sp. From the period of his
without consideration. [Sec. sentence. [Baking v. Dir. of
2, RA 6425]. Prisons, GR L-30364. July 28,
1969].
Delivered price. See Cash
price. Delusions. Legal Med. 1.
False ideas that cannot be
Delivery. Also Tradition. 1. corrected by reasoning, and
Voluntary transfer of that are idiosyncratic for the
possession from one person patient - that is, not part of
to another. [Sec. 58, Act his cultural environment.
2137]. 2. Transfer of They are among the
possession, actual or common symptoms of
constructive, from one schizophrenia. [People v.
person to another. [Sec. 191, Rafanan, GR 54135. Nov. 21,
NIL]. 3. The act by which the 1991]. 2. A false or
res or subject is placed in erroneous belief in
the actual or constructive something which is not a
possession or control of fact. [Olarte, Legal Med., 1st
another. [Onapal Phils. v. CA, Ed. (2004), p. 148].
GR 90707. Feb. 1, 1993].
Delusion test. Legal Med.
Delivery now, pay later. An The test under which an
arrangement between buyer insane person believes in a
and seller which is in state of things, the existence
essence sales on account. of which no rational person
[Moreno’s Law Dict., 2000 would believe. [People v.
Ed., p. 127]. Dungo, GR 89420. July 31,
1991]. Compare with
Delivery of personal Irresistible impulse test
property. See Replevin. and Right and wrong test.

296
Demand. 1. The assertion of Arnd v. Aylesworth, 145 Iowa

a legal right; a legal 185].
obligation asserted in court.
An imperative request Demand letter. A letter from
preferred by one person to a lawyer, on behalf of a
another, under a claim of client, that demands
right, requiring the latter to payment or some other
do or yield something or to action, which is in default.
abstain from some act. 2. To Demand letters are not
request payment of a debt always prerequisites for a
or amount due. [Black’s Law legal suit but there are
Dict., Abr. 5th Ed. (1983), pp. exceptions such as legal
223-224]. 3. In the rescission action on promissory notes
of a sale of immovable or if the contract requires it.
property, (the term) refers to Basically, a demand letter
an authentic notice that the sets out why the payment or
vendor takes the option of action is claimed, how it
resolving the contract, or if it should be carried out (e.g.,
pleases him, to harmonize payment in full), directions
their spirit with the letter of for the reply and a deadline
the Civil Code, to a demand for the reply. Demand letters
that the vendor makes upon are often used in business
the vendee for the latter to contexts because they are a
agree to the resolution of the courtesy attempt to maintain
obligation and to create no some goodwill between
obstacle to this contractual business parties and they
mode of extinguishing often prompt payment,
obligations. [Moreno’s Law avoiding expensive litigation.
Dict., 2000 Ed., p. 127]. A demand letter often
contains the threat that if it
Demand deposits. All those is not adhered to, the next
liabilities of the Bangko communication between the
Sentral and of other banks parties will be through a
which are denominated in court of law in the form of
Philippine currency and are formal legal action.
subject to payment in legal [Duhaime's Legal Dict.,
tender upon demand by the 2004].
presentation of checks. [Sec.
58, RA 7653]. Demarcated areas. Fisheries
Law. Boundaries defined by
Demand draft. A bill of markers and assigned
exchange payable on exclusively to specific
demand. [Rep. v. PNB, GR L- individuals or organizations
16106. Dec. 30, 1961, citing for certain specified and
limited uses such as
297
aquaculture, sea ranching [Olarte, Legal Med., 1st Ed.

and sea farming; fish (2004), p. 147].
aggregating devices; fixed
and passive fishing gears; Dementia senilis. Legal
and fry and fingerlings Med. The phrase signifies
gathering. [Sec. 4, RA 8550]. only a general weakening of
a mind previously normal.
Demarche. Intl. Law . A word [Claridades, A., Compilation
coined by the diplomatic of Notes, 2001-2006].
community and referring to
a strongly worded warning De minimis non curat lex.
by one country to another Lat. The law takes no
and often, either explicitly or account of trifles. A common
implicitly, with the threat of law principle whereby judges
military consequence. will not sit in judgment of
Demarches are often extremely minor
precursors to hostilities or transgressions of the law.
war. In Sep. 1996, for [Matute v. Cheong Boo, GR
example, US President L-11109. Jan. 7, 1918].
Clinton issued a demarche to
Iraqi President Saddam Demise. A conveyance of an
Hussein when intelligence estate to another for life, for
reports showed troops years, or at will. A lease or
massing along the border of conveyance for a term of
Kurd communities. [LawInfo years. [Black’s Law Dict.,
Legal Dictionary (2005)]. Abr. 5th Ed. (1983), p. 224].
Demeanor. As respects a Demise charter. Also

witness or other person, Bareboat. Mar. Law. 1. A
relates to physical charter involving the transfer
appearance; outward of full possession and control
bearing or behavior. [Black’s of the vessel for the period
Law Dict., Abr. 5th Ed. (1983), covered by the contract, the
p. 224]. charterer obtaining the right
to use the vessel and carry
Dementia. Legal Med. A form whatever cargo it chooses,
of insanity resulting from while manning and supplying
degeneration or disorder of the ship as well. [Maritime
the brain characterized by Agencies & Services, Inc. v.
general mental weakness, CA, GR 77638. July 12,
forgetfulness, loss of 1990]. 2. In modern
coherence and total inability maritime law and usage, a
to reason but not charter party where the
accompanied by delusion or shipowner turns over
uncontrollable impulse. possession of his vessel to
298
the charterer, who then

undertakes to provide a crew Demolish. To raze, level,
and victuals and supplies ruin, wreck, destroy, wipe
and fuel for her during the out. [Moreno’s Law Dict.,
term of the charter. The 2000 Ed., p. 128].
shipowner is not normally
required by the terms of a Demotion. The movement
demise charter to provide a from one position to another
crew, and so the charterer involving the issuance of an
gets the "bare boat", i.e., appointment with diminution
without a crew. [Litonjua in duties, responsibilities,
Shipping Inc. v. NSB, GR status or rank which may or
51910. Aug. 10, 1989, citing may not involve reduction in
Scrutton on Charter Parties, salary. [Sec. 11, Rule VII of
Sec. 4, p. 45 (18th Ed., the Omnibus Rules
1974)]. Implementing Book V of EO
292].
Demise of real property.
Lease of an unfurnished Demurrage. 1. In its strict
house. [Litonjua Shipping sense, it is the compensation
Inc. v. NSB, GR 51910. Aug. provided for in the contract
10, 1989]. of affreightment for the
detention of the vessel
Democracy. That form of beyond the time agreed on
government in which the for loading and unloading.
sovereign power resides in Essentially, demurrage is the
and is exercised by the claim for damages for failure
whole body of free citizens to accept delivery. In a
directly or indirectly through broad sense, every improper
a system of representation, detention of a vessel may be
as distinguished from considered a demurrage.
monarchy, aristocracy, or [Magellan Mfg. v. CA, GR
oligarchy. [Black’s Law Dict., 99529, Aug. 22, 1991, 201
Abr. 5th Ed. (1983), p. 224]. SCRA 102]. 2. A charge
made by a ship owner when
Democratic form of a charterer keeps a ship idle
government. Pol. Law. A for more than the agreed-
form of government which upon lay days. [Intl. Law
requires that political rights Dict. & Direct., 2004].
be enjoyed by the citizens
regardless of social or Demurrer. Rem. Law. 1. An
economic distinctions. allegation that, admitting the
[Maquera v. Borra, GR L- facts of the preceding
24761. Sep. 7, 1965, pleading to be true, as
Bengzon, Concurring Op.]. stated by the party making
299
it, he has yet shown no distributed, sold or used in

cause why the party any form. [Sec 3, RA 9165].
demurring should be
compelled by the court to Denial of justice. A gross
proceed further. [Liquete v. deficiency in the
Dario, GR 1341. Nov. 8, administration of justice.
1905]. 2. A motion put to a [Intl. Law Dict. & Direct.,
trial judge after the plaintiff 2004].
has completed his case, in
which the defendant, while Denomination. A religious
not objecting to the facts sect having a particular
presented, and rather than name. [Adong v. Cheong See
responding by a full defense, Gee, GR L-18081. Mar. 3,
asks the court to reject the 1922].
petition right then and there
because of a lack of basis in De novo. Lat. New. This term
law or insufficiency of the is used to refer to a trial
evidence. [Duhaime's Legal which starts over, which
Dict., 2004]. 3. A pleading wipes the slate clean and
filed by the defendant that begins all over again, as if
the complaint as filed is not any previous partial or
sufficient to require an complete hearing had not
answer. [Jurist’s Legal Dict., occurred. [Duhaime's Legal
2004]. Dict., 2004].
Demurrer to evidence. De novo hearing. See

Rem. Law. A motion to Hearing de novo.
dismiss filed by the accused
on the ground of Dentistry, practice of. A
insufficiency of evidence person shall be regarded as
after the prosecution has engaged in the practice of
rested its case, thus waiving dentistry or rendering dental
his right to present evidence service, within the meaning
and submitting the case for and intent of this Act, who
judgment on the basis of the shall, for a fee, salary,
evidence for the prosecution. compensation, or any form
[Godoy v. CA, GR L-80814. of reward, paid to him or
Aug. 30, 1988]. through another, or even
without such compensation
Den, dive or resort. A place or reward, perform any
where any dangerous drug operation or part of an
and/or con-trolled precursor operation, upon the human
and essential chemical is mouth, jaws, teeth, and
administered, delivered, surrounding tissues;
stored for illegal purposes, prescribe drugs or medicines
300
for the treatment of oral

diseases and lesions; or Department. Any of the
correct malpositions of the executive departments or
teeth: Provided, however, entities having the category
That this provision shall not of a department including
apply to artisans or the judiciary, Commission on
technicians engaged in the Elections and Commission on
mechanical construction of Audit. [Sec. 3, PD 807].
artificial dentures or fixtures
and other oral devices, as Department of the Interior
long as none of such and Local Government
procedure is done inside the (DILG) Act of 1990. RA
mouth of the patient; nor 6975 entitled “An Act
shall this provision apply to establishing the Philippine
students of dentistry National Police under a
undergoing practical training reorganized Department of
in a legally constituted the Interior and Local
dental school or college Government, and for other
under the direction or purposes” enacted on Dec.
supervision of a member of 13, 1990. Also known as the
the faculty who is duly PNP Law.
licensed to practice dentistry
in the Philippines: or to Dependable and adequate
registered dental hygienists service. Service that,
serving as dentists' consistent with normal
assistants who may be standards and levels of
allowed to perform oral service based upon good
prophylaxis and such other utility management and
procedures which the law operating practices, is
regulating the practice of sufficient in quantity, having
dental hygienists may regard for the demands for
permit. [Sec. 14, RA 4419]. service currently existing
and reasonably anticipated
Denuncia falsa. 1. False within the foreseeable
accusation. [Lagman v. IAC, future, and that is accessible
GR L-72281. Oct. 28, 1988]. on a constant and
2. Malicious prosecution; continuous basis except for
generally refers to outages occasioned by the
unfounded criminal actions. need for normal repair,
[Madera v. Lopez, L-37105, maintenance, construction
Feb. 10, 1981, 102 SCRA or renovation work or by
700]. acts beyond the reasonable
ability of the public service
Deoxyribonucleic Acid. See entity to prevent or control.
DNA. [Sec. 3, PD 269].
301
custodian for good cause

Dependent. 1. A legitimate, desires to be relieved of his
illegitimate or legally care and custody; and is
adopted child chiefly dependent upon the public
dependent upon and living for support. [Art. 141, PD
with the taxpayer if such 603]. Compare with
dependent is not more than Abandoned child and
twenty-one (21) years of Neglected child.
age, unmarried and not
gainfully employed or if such Dependent parent. Under
dependent, regardless of the Social Security Law, one
age, is incapable of self- who is fully dependent upon
support because of mental the considered employee for
or physical defect. [Sec. 35, regular support. [Bayer v.
NIRC, as amended]. 2. One Villanueva, 83 OG 4358].
who derives existence and
support from another. Dependent relative
[Glossary of Legal Terms revocation doctrine. The
(Pro-Se), 2004]. established rule that if a
testator revokes a will with a
Dependent child. 1. Any present intention of making
child under sixteen years of a new one immediately and
age who is dependent upon as a substitute, and the new
the public for support or who will is not made, or, if made,
is destitute, homeless or fails of effect for any reason,
abandoned; or who has no it will be presumed that the
proper parental care or testator preferred the old
guardianship, or who will to intestacy, and the old
habitually begs or receives one will be admitted to
alms, or who is found living probate in the absence of
in any house of ill-fame or evidence overcoming the
with any vicious or presumption, provided its
disreputable person, or contents can be ascertained.
whose home or other place [Jurado, Comments & Jurisp.
of residence, by reason of on Succession, 1991 8th Ed.,
neglect, cruelty or depravity p. 128].
on the part of its parents,
guardian or other person in Dependents. 1. Labor. The
whose care the child may legitimate, legitimated,
be, is an unfit place for such legally adopted or
child. [Sec. 38-B, RA 1401]. acknowledged natural child
2. One who is without a who is unmarried, not
parent, guardian or gainfully employed, and not
custodian; or one whose over twenty-one years of
parents, guardian or other age or over twenty-one
302
years of age provided he is to another state. [Intl. Law

incapable of self-support due Dict. & Direct., 2004]. 2. An
to a physical or mental entity which, although
defect which is congenital or theoretically considered a
acquired during minority; the state, does not have full
legitimate spouse living with freedom in the direction of
the employee and the its external affairs. It may be
parents of said employee either a protectorate or
wholly dependent upon him suzerainty. [Cruz, Intl. Law
for regular support. [Art. Reviewer, 1996 Ed., p. 14].
167, LC]. 2. Health Ins. The Compare with Independent
legal dependents of a state.
member of the Program are:
(a) the legitimate spouse Depletion. The exhaustion of
who is not a member; (b) the natural resources like mines
unmarried and unemployed and oil or gas wells as a
legitimate, legitimated, result of production or
illegitimate, acknowledged severance from such mines
children as appearing in the or wells. [Teodoro & De
birth certificate; legally Leon, Law on Income
adopted or step-children Taxation, 11th Ed. (2001), p.
below twenty-one (21) years 179, citing 1965 CCH Fed.
of age; (c) children who are Tax Course, par. 1201].
twenty-one (21) years old
and above but suffering from Deportation. The removal of
congenital disability, either a foreign national under
physical or mental, or any immigration laws for reasons
disability acquired that such as illegal entry or
renders them totally conduct dangerous to the
dependent on the member public welfare. [Duhaime's
of our support; (d) the Legal Dict., 2004].
parents who are sixty (60)
years old or above whose Deposit. 1. A contract
monthly income is below an constituted from the
amount to be determined by moment a person receives a
the Phil. Health Ins. Corp. thing belonging to another,
(PHIC) in accordance with with the obligation of safely
the guiding principles set keeping it and of returning
forth in Art. 1 of RA 7875, as the same. If the safekeeping
amended. [Sec. 1, RA 9241]. of the thing delivered is not
the principal purpose of the
Dependent state. Intl. Law. contract, there is no deposit
1. A state that has but some other contract.
surrendered its rights to [Art. 1962, CC]. 2. Funds in
conduct international affairs foreign currencies which are
303
accepted and held by an

offshore banking unit in the Depositions de bene esse.
regular course of business, Those depositions taken for
with the obligation to return purposes of a pending
an equivalent amount to the action. [Rule 23, RoC].
owner thereof, with or
without interest. [Sec. 1, PD Depositions in perpetuam
1034]. rei memoriam. Those
depositions taken to
Depositing stockholder. perpetuate evidence for
See Transferring purposes of anticipated
stockholder. action, or in the event of
further proceedings in a case
Deposition. 1. It is intended on appeal, and to preserve it
as a means to compel against the danger of loss.
disclosure of facts resting in [Rule 24, RoC].
the knowledge of a party or
other person which are Depository. Any financial
relevant in some suit or institution lawfully
proceeding in court. It is authorized to receive
meant to enable a party to government moneys upon
learn all the material and deposit. [Sec. 2, Chap. 1
relevant facts, not only Subtitle B, EO 292].
known to him and his
witnesses but also those Depository funds. Funds
known to the adverse party over which the officer
and the latter's own accountable therefor may
witnesses. [Dasmariñas retain control for the lawful
Garments v. Reyes, GR purposes for which they
108229. Aug. 24, 1993]. 2. came into his possession. It
The official statement by a embraces moneys in any
witness taken in writing (as and all depositories. [Sec. 2,
opposed to testimony which Chap. 1 Subtitle B, EO 292].
where a witnesses give their
perception of the facts Deposit substitutes. An
verbally). Affidavits are the alternative form of obtaining
most common kind of funds from the public (the
depositions. [Duhaime's term 'public' means
Legal Dict., 2004]. 3. borrowing from twenty (20)
Testimony of a witness or a or more individual or
party taken under oath corporate lenders at any one
outside the courtroom, the time), other than deposits,
transcript of which becomes through the issuance,
a part of the court's file. endorsement, or acceptance
[Jurist’s Legal Dict., 2004]. of debt instruments for the
304
borrower's own account, for NIRC, as Amended, 2nd Ed.,

the purpose of relending or Vol. 1, p. 263].
purchasing of receivables
and other obligations, or Depression. Legal Med. A
financing their own needs or feeling of intense sadness. It
the needs of their agent or may follow a recent loss or
dealer. [Sec. 22, NIRC, as other sad event but is out of
amended]. proportion to that event and
persists beyond an
Depositum. A true deposit appropriate length of time.
where the principal purpose [Olarte, Legal Med., 1st Ed.
of the contract is the (2004), p. 138]. Compare
safekeeping of the thing with Mania.
deposited. [Moreno’s Law
Dict., 2000 Ed., p. 130]. Derelict. A ship or her cargo
which is abandoned and
Depreciated value. The deserted at sea by those
value remaining after who were in charge of it,
deducting depreciation from without any hope of
either the replacement cost recovering it (sine spe
or the reproduction cost. recuperandi), or without any
[Sec. 3, PD 464]. intention of returning to it
(sine animo revertendi).
Depreciation. 1. The fall of a [Erlanger & Galinger v.
currency’s value falls in Swedish East Asiatic Co., GR
relation to foreign 10051. Mar. 9, 1916].
currencies. [Del Rosario v.
Shell Co., GR L-28776. Aug. Dereliction. Intl. Law. The
19, 1988, citing Sicat, physical withdrawal by a
Economics, 1983, p. 636]. 2. state from territory with the
The gradual diminution in intention of relinquishing or
the useful value of tangible abandoning all legal claims
property resulting from wear over it. Its effect is to make
and tear and normal the territory terra nullius
obsolescence. The term is and, therefore, subject again
also applied to amortization to occupation by other
of the value of intangible states. [Cruz, Intl. Law
assets, the use of which in Reviewer, 1996 Ed., p. 70].
the trade or business is
definitely limited in duration. Dereliction of duty. The
[Basilan Estates v. Comm. on failure of a public officer to
Int. Rev., GR L-22492. Sep. prosecute a violation of the
5, 1967, citing Aranas, law. [Gregorio, Fund. of
Annotation and Jurisp. on the Crim. Law Rev., 1997 9th Ed.,
p. 629].
305
Descendant-propositus.
Derivative legislative See Propositus.
power. Power which has
been delegated by the Descendants. Those persons
sovereign people to who are born of, or from
legislative bodies and is children of, another are
subordinate to the original called that person's
power of the people. [Garcia descendants. Grandchildren
v. Comelec, GR 111230. Sep. are descendants of their
30, 1994]. Compare with grandfather as children are
Original legislative descendants of their natural
power. parents. [Duhaime's Legal
Dict., 2004].
Derivative suit. The principal
defense of the minority Descending direct line. In
shareholder against abuses succession, legitimate
by the majority. It is a children and their
remedy designed by equity descendants succeed the
for those situations where parents and other
the management, through ascendants, without
fraud, neglect of duty, or distinction as to sex or age,
other cause, declines to take and even if they should
the proper and necessary come from different
steps to assert the marriages. An adopted child
corporation's rights. succeeds to the property of
[Commart (Phils.), Inc. v. the adopting parents in the
SEC, GR 85318. June 3, same manner as a legitimate
1991]. child. [Art. 979, CC].
Derivative tax credit. See Descriptio personae. Lat.

Deemed paid tax credit. Such description of a person
as will enable the officer to
Derived unit. A unit that is identify the accused. The
formed by combining base description must be
units and/or supplementary sufficient to indicate clearly
units according to the the proper person upon
algebraic relations linking whom the warrant is to be
the other corresponding served. [People v. Veloso,
quantities. [Sec. 4, BP 8]. GR 23051. Oct. 20, 1925].
Desahucio. Sp. Unlawful Desecrate. To violate the

detainer. [Sering v. Plazo, GR sacredness of or to profane.
L-49731. Sep. 29, 1988]. [Moreno’s Law Dict., 2000
Ed., p. 131].

306
Desertion. Mar. Law. 1. Not a Designate. Admin. Law. 1. To

mere unauthorized absence vest (a public officer) with
from the ship, without leave, additional duties while he
but an unauthorized absence performs the functions of his
from the ship with an permanent office. [Sec. of
intention not to return to her DOTC v. Mabalot, GR
service; or as it is often 138200, Feb. 27, 2002]. 2.
expressed, animo non To indicate, select, appoint
revertendi, that is, with an or set apart for a purpose of
intention to desert. [Singa duty. [Debulgado v. CSC, GR
Ship Mgt. V. NLRC, GR 111471. Sep. 26, 1994,
120276. July 24, 1997, citing citing Black's Law Dict., 5th
Black's Law Dict., Rev. 5th Ed., 402].
Ed., p. 402]. 2. A seaman's
abandonment of duty by Designation. 1. An
quitting ship, not only appointment or assignment
without leave or permission, to a particular office.
but without justifiable cause, [Debulgado v. CSC, GR
before termination of 111471. Sep. 26, 1994,
engagement; and with the citing Black's Law Dict., 5th
intent of not returning to the Ed., 402]. 2. The term
ship's duty. [Singa Ship connotes merely the
Management Phils. v. NLRC, imposition of additional
GR 120276. July 24, 1997, duties, upon a person
citing Words & Phrases already in the public service
"Desertion — In Mar. Law] by virtue of an earlier
appointment or election
Desertion of a wife by a [Santiago v. COA, 199 SCRA
husband. The act of a 125; Political Law Review by
husband in voluntarily Gonzales, pp. 184-185].
leaving his wife with Compare with
intention to forsake her Appointment.
entirely, never to return to
her, and never to resume his Desire. Legal Med. The
marital duties towards her, ardent wish to engage in
or to claim his marital rights; sexual activity which may be
such neglect as either leaves triggered by thoughts or
the wife destitute of the verbal and visual
common necessaries of life, suggestions. [Olarte, Legal
or would leave her destitute Med., 1st Ed. (2004), p. 111].
but for the charity of others.
[Dela Cruz v. Dela Cruz, GR Despoblado. See
L-19565. Jan. 30, 1968]. Uninhabited place.

307
Destierro. 1. Banishment or instrument may be proved

only a prohibition from by any person knowing the
residing within the radius of fact (of the destruction). [E.
25 kilometers from the Michael & Co. v. Enriquez,
actual residence of the GR 10824. Dec. 24, 1915].
accused for a specified See also Execution and
length of time. [Uy Chin Hua delivery of the document;
v. Dinglasan, 86 Phil. 617, by whom established and
619]. 2. Although destierro Loss of the instrument;
does not constitute how shown.
imprisonment (which is a
typical example of Destructive arson. Crim.
deprivation of liberty), it is Law. The felony committed
nonetheless a deprivation of by any person who shall
liberty. [People v. Abilong, burn: (a) any arsenal, ship-
82 Phil. 172, 174]. yard, storehouse or military
powder or fireworks factory,
Destruction. The offense ordinance, storehouse,
committed by any person archives or general museum
who shall cause destruction of the Government; (b) any
by means of explosion, passenger train or motor
discharge of electric current, vehicle in motion or vessel
inundation, sinking or out of port; or (c) in an
stranding of a vessel, inhabited place, any
intentional damaging of the storehouse or factory of
engine of said vessel, taking inflammable or explosive
up the rails from a railway materials. [Art. 320, RPC].
track, maliciously changing
railway signals for the safety Detail. Admin. Law. The
of moving trains, destroying movement from one
telegraph wires and Department or Agency to
telegraph posts, or those of another which is temporary
any other system, and, in in nature. [Rep. v. CA, GR
general, by using any other 86147. Feb. 26, 1990, citing
agency or means of Sec. 4, Rule VI, Civil Service
destruction as effective as Rules on Personal Actions
those above enumerated, and Policies]. Compare with
whether or not the Reassignment.
commission has endangered
the safety of any person. Detain. Hold or keep in
[Art. 324, RPC]. custody. [Paat v. CA, 266
SCRA 185 (1997)].
Destruction of the
instrument; how proved.
Destruction of the
308
Detentacion. Sp. Forcible the same class. [Art. 1460,

entry. [Sering v. Plazo, GR L- CC].
49731. Sep. 29, 1988].
Determination. The decision
Detention. It refers not only of a court of justice.
to the placing of a person in [Moreno’s Law Dict., 2000
an enclosure which he Ed., p. 132].
cannot leave, but also to any
other deprivation of liberty. Determine. To come to an
[People v. Santos, GR No. end. To bring to an end.
117873, Dec. 22, 1997. [Moreno’s Law Dict., 2000
citing Aquino, The RPC, 1988 Ed., p. 132].
Ed., Vol. III, pp. 1-2].
Devaluation. 1. Any
Detention home. A twenty- decrease or lowering of the
four hour child-caring monetary value of the peso
institution providing short vis-à-vis other foreign
term resident care for currencies without any
youthful offenders who are reference at all to the gold
awaiting court disposition of value of the Philippine peso.
their cases or transfer to It can also be construed as a
other agencies or reduction in the value of our
jurisdiction. [Art. 117, PD currency from an officially
603]. agreed fixed level imposed
by monetary authorities.
Determinable future time. [Del Rosario v. Shell Co., GR
A future time, within the L-28776. Aug. 19, 1988]. 2.
meaning of Act 2031, which As applied to a monetary
an instrument is expressed unit, a reduction in its
to be payable: (a) at a fixed metallic content as
period after date or sight; or determined by law resulting
(b) on or before a fixed or in the lowering of the value
determinable future time of one nation's currency in
specified therein; or (c) on or terms of the currencies of
at a fixed period after the other nations. [Del Rosario v.
occurrence of a specified Shell Co., GR L-28776. Aug.
event which is certain to 19, 1988, citing Sloan and
happen, though the time of Zurcher, A Dict. of
happening be uncertain. Economics, 1951 Ed., pp. 80-
[Sec. 4, NIL]. 81].
Determinate thing. A thing Devastavit. Lat. He has

which is particularly wasted. A personal
designated or physically representative who has
segregated from all other of mismanaged the estate and
309
allowed an avoidable loss to Development rights. Also

occur. This action opens the known as New use rights.
personal representative to The right to use and/or
personal liability for the loss. develop land and
[Duhaime's Legal Dict., improvements thereon
2004]. including putting them to a
more intensive use,
Development. 1. The work conversion to a more
under-taken to explore and profitable use, increasing
prepare an ore body or a density and the like. [Sec. 3,
mineral deposit for mining, PD 1517].
including the construction of
necessary infrastructure and Develop-operate-and-
related facilities. [Sec. 3, RA transfer. A contractual
7942]. 2. Steps necessarily arrangement whereby
taken to reach an ore body favorable conditions external
or mineral deposit so that it to a new infrastructure
can be mined. [Sec. 2, PD project which is to be built
463]. by a private project
proponent are integrated
Development bank. Bank into the arrangement by
which provides funds for the giving that entity the right to
promotion of the economy of develop adjoining property,
an area, country, region, or and thus, enjoy some of the
the world. [Intl. Law Dict. & benefits the investment
Direct., 2004]. creates such as higher
property or rent values.
Development [Sec. 2, RA 7718].
expenditures.
Expenditures paid or Deviation. Mar. Ins. A
incurred during the departure from the course of
development stage of the the voyage insured,
mine or other natural mentioned in the last two
deposits. The development sections, or an unreasonable
stage of a mine or other delay in pursuing the voyage
natural deposit shall begin at or the commencement of an
the time when deposits of entirely different voyage.
ore or other minerals are [Sec. 123, IC].
shown to exist in sufficient
commercial quantity and Device making or altering
quality and shall end upon equipment. Any
commencement of actual equipment, mechanism or
commercial extraction. [Sec. impression designed or
34, NIRC, as amended]. primarily used for making or
altering or re-encoding an
310
access de-vice or a Dicta or dictum. Lat. An

counterfeit access device. observation by a judge on a
[Sec. 3, RA 8484]. matter not specifically
before the court or not
Devise. 1. Gifts of real necessary in determining the
property given by virtue of a issue before the court; a side
will. 2. The transfer or opinion which does not form
conveyance of real property part of the judgment for the
by will. [Duhaime's Legal purposes of Stare decisis.
Dict., 2004]. Compare with See Obiter dictum.
Legacy.
Dictionary. A book
Devisees. Persons to whom containing words of a
gifts of real property are particular language arranged
given by virtue of a will. [Art. alphabetically with their
782, CC]. meanings, pronunciations,
etymologies, and so on. [Intl.
Devolution. Pol. Law. The Law Dict. & Direct., 2004].
transfer of power and
authority from the National Dietetic internship. A period
Government to LGUs to of practical training in any
enable them to perform accredited hospital which
specific functions and provides opportunity to
responsibilities. [Art. 24 (b), acquire knowledge and skills
LGC]. Compare with in the administrative and
Decentralization. therapeutic phases of
dietetics. The administrative
Diagnostic pharmaceutical phase includes experience
agents. Specific topical in: the planning, purchasing,
drugs used to aid preparing and serving of
optometrists in their food to patients and
examination of the human personnel within budget
eye. [Sec. 3, RA 8050]. allowances; supervising the
handling and storage of food
Diagnostic procedure. Any supplies and equipment;
procedure to identify a directing the maintenance of
disease or condition through proper sanitary measures
analysis and examination. within the department; and
[Sec. 1, RA 9241]. the training of personnel.
The therapeutic phase
Dicat testator et erit lex. includes experience in the
Lat. What the testator says application of scientific
will be the law. [Acain v. IAC, knowledge to nutritional
GR L-72706. Oct. 27, 1987]. problems presented by

311
various diseases. [Sec. 1, RA Diphenylamine test. A

2674]. chemical test whereby a
paraffin cast of the hand(s)
Dietetics. The combined is examined for the presence
science and art of regulating of nitrates to prove whether
the planning, preparing and the person concerned has
serving of meals to recently fired a firearm.
individuals or groups [People v. Madriaga IV, GR
according to the principles of 73057. Mar. 8, 1989]. See
nutrition and management also Paraffin test.
with due consideration to
economic, social and Diplomacy. A form of
psychological factors. [Sec. international dispute
1, RA 2674]. settlement that attempts to
reconcile parties to a
Digest. An index or disagreement by use of
compilation of abstracts of negotiation, mediation, or
reported cases into one, set inquiry. [Intl. Law Dict. &
forth under proper law topic Direct., 2004].
headings or titles and
usually in alphabetical Diplomat. Intl. Law. An
arrangement. [Glossary of official representative of a
Legal Terms (Pro-Se), 2004]. state, present in another
state for the purposes of
Diligence of a good father general representation of
of a family. The proper the state-of-origin or for the
diligence required by law of purpose of specific
every person obliged to give international negotiations on
something to take care of behalf of the diplomat's
the same, unless the law or state-of-origin. [Duhaime's
the stipulation of the parties Legal Dict., 2004].
requires another standard of
care. [Art. 1163, CC]. Diplomatic corps. It consists
of the different diplomatic
Diocese. The circuit or extent representatives who have
of a bishop's jurisdiction; the been accredited to the local
district in which a bishop has or receiving state. It is
authority." [Roman Catholic headed by a doyen du corps
Apostolic Administrator of or dean, who is usually the
Davao, Inc. v. Land member of the highest rank
Registration Commission, GR and the longest service in
L-8451. Dec. 20, 1957, citing the state. In Catholic
Webster's New Intl. Dict.]. countries, the dean is the
Papal Nuncio. [Cruz, Intl. Law
312
red lauan, tangile, tiaong,

Diplomatic immunity. The white lauan, almon, bagtikan
immunity enjoyed by a and mayapis of the
diplomatic agent from the Philippine mahogany group,
criminal jurisdiction of the apitong and the yakals. [Sec.
receiving State. Also, the 3, PD 705].
immunity of such agent from
the civil and administrative Direct. The term would relate
jurisdiction of said State, to an act stemming
except in the case of an immediately from a source,
action relating to any cause or reason. [Guerrero
professional or commercial v. Villamor, GR 82238-42.
activity exercised by the Nov. 13, 1989].
diplomatic agent in the
receiving State outside his Direct access. Any one of a
official functions. [Gregorio, number of measures
Fund. of Crim. Law Rev., permitting direct dealings
1997 9th Ed., p. 3, citing between authorized entities
Minucher v. CA, GR 97765, and international satellite
Sep. 24, 1992]. system providers at
specified levels as defined
Diplomatic negotiations. by the NTC. [Sec.3, EO 467,
The process by which States s. 1998].
settle their differences
through an exchange of Direct action. The right of a
views between diplomatic third party who has a claim
agencies. Discussions may in responsibility against an
be oral or written, brief or insured to proceed directly
prolonged. [Suarez, Pol. Law by suit against the insurer,
Reviewer, 1st Ed., 2002, pp. usually because the insured
1076-1077, citing has been declared bankrupt
Mavromamatis Palestine or has become insolvent. In
Concessions Case, PCIJ Pub. most jurisdictions, direct
Ser. A/2, p. 11]. action is permitted only by
statute. [Tetley, Glossary of
Dipsomania. Legal Med. An Conflict of Laws, 2004].
irresistible impulse to
indulge in intoxication either Direct assault. The
with alcohol or drugs. employment of force or
[Olarte, Legal Med., 1st Ed. intimidation by any person
(2004), p. 151]. or persons, without a public
uprising, for the attainment
Dipterocarp forest. A forest of any of the purpose
dominated by trees of the enumerated in defining the
dipterocarp species, such as crimes of rebellion and
313
sedition, or the attack, Direct bribery. Crim. Law.

employment of force, or The felony committed by any
serious intimidation or public officer who shall
resistance of any person in agree to perform an act
authority or any of his constituting a crime, in
agents, while engaged in the connection with the
performance of official performance of this official
duties, or on occasion of duties, in consideration of
such performance. [Art. 148, any offer, promise, gift or
RPC]. present received by such
officer, personally or through
Direct attack against a the mediation of another, or
judgment. One that is by the officer who shall
made through an action or accept the gift in
proceeding the main object consideration of the
of which is to annul, set execution of an act which
aside, or enjoin the does not constitute a crime,
enforcement of such and the officer executed said
judgment, if not yet carried act or did not accomplish
into effect; or, if the property said act. [Art. 210, RPC].
has been disposed of, the
aggrieved party may sue for Direct contempt. 1.
recovery. [El Banco Español- Misbehavior in or near the
Filipino v. Palanca, 37 Phil. presence of a judge or court
921 (1918)]. Compare with which obstructs or interrupts
Collateral attack. court proceedings. Direct
contempt may be summarily
Direct attack of corporate punished by fine and
existence. One whereby imprisonment. [Claridades,
the State, in a proceeding A., Compilation of Notes,
brought for that purpose, 2001-2006]. Compare with
attacks the existence of an Direct contempt. 2.
association claiming to be a Contempt committed in the
corporation. It can only be presence of or so near the
instituted by the government judge as to obstruct him in
through the Solicitor General the administration of justice.
by quo warranto [Narcida v. Bowen, GR 6694.
proceedings. [De Leon, Corp. Mar. 26, 1912]. Compare
Code of the Phil. Annotated, with Constructive
1989 Ed., p. 152, citing Secs. contempt.
20 and 121, Corp. Code ].
Compare with Collateral Direct evidence. 1. Evidence
attack of corporate which proves the fact in
existence. dispute without the aid of
any inference or
314
presumption. [Claridades, A., Directly vested

Compilation of Notes, 2001- jurisdiction. The power or
2006]. 2. Proof of facts by authority to govern and
witnesses who saw acts execute the laws,
done or heard words spoken. particularly the authority
[Jurist’s Legal Dict., 2004]. vested in the judges to
Compare with administer justice, that is, to
Circumstantial evidence. try civil or criminal cases or
both, and to render
Direct examination. Evid. 1. judgment thereon in
The examination-in-chief of a accordance with the law.
witness by the party [People v. Mendoza, GR
presenting him on the facts 39275. Dec. 20, 1933, citing
relevant to the issue. [Sec. Escriche, Rational Dict. of
5, Rule 132, RoC]. 2. The Legislation and Jurisp., p.
first questioning of witnesses 1154].
by the party on whose behalf
they are called. [Jurist’s Director. Any director of a
Legal Dict., 2004]. Compare corporation or any person
with Cross-examination. performing similar functions
with respect to any
Direct government organization. [Sec. 3, RA
guarantee. An agreement 2629].
whereby the government or
any of its agencies or local Directory statutes. Laws
government units assume which are permissible or
responsibility for the discretionary in nature and
repayment of debt directly merely outline the act to be
incurred by the project done in such a way that no
proponent in implementing injury can result from
the project in case of a loan ignoring it or that its purpose
default. [Sec. 2, RA 7718]. can be accomplished in a
manner other than that
Direct line. That constituted prescribed and substantially
by the series of degrees the same result obtained.
among ascendants and [Suarez, Stat. Con., (1993),
descendants. [Art. 964, CC]. p. 92]. Compare with
Compare with Collateral Mandatory statutes.
line.
Direct solar energy. The
Directly competitive energy content of solar
products. Domestically- radiation harnessed by
produced substitutable collecting sunlight in man-
products. [Sec. 4, RA 8800]. made devices such as flat-
plate or focusing solar
315
collectors. [Sec. 2, PD 1068]. the parties in a language

See Indirect solar energy. directly and expressly
pointing out the persons,
Direct tax. 1. A tax which is property and purpose of the
demanded from the very trust. [Moreno’s Law Dict.,
person intended to be the 2000 Ed., p. 134].
payor, although it may
ultimately be shifted to Disability. 1. A physical or
another. An example of a mental impairment that
direct tax is the personal substantially limits one or
income tax. [Maceda v. more psychological,
Macaraig, GR 88291. May physiological or anatomical
31, 1991]. 2. A tax for which function of an individual or
a taxpayer is directly liable activities of such individual.
on the transaction or 2. A record of such an
business it engages in. impairment 3. Being
[Ibid.]. regarded as having such an
impairment. [Sec. 4, RA
Direct taxes. Those are 7277]. 4. Loss or impairment
demanded from the very of a physical or mental
person who, it is intended or function resulting from injury
desired, should pay them. or sickness. [Art. 167, LC]. 5.
[Comm. of Int. Rev. v. John Loss or reduction of a
Gotamco & Sons, Inc., GR L- person's capacity to
31092. Feb. 27, 1987]. effectively cope with the
Compare with Indirect demands of his environment
taxes. as a result of disease or
injury, including birth
Direct to home (DTH) TV. A trauma. [Sec. 2, RA 5680].
broadcasting system
wherein television programs Disabled persons. Those
are transmitted directly to persons suffering from
home/user receivers via restriction or different
satellite, thus making the abilities, as a result of a
reception cover not only mental, physical or sensory
individual(s) in their homes impairment, to perform an
but other places as well. activity in the manner or
[Sec.3, EO 467, s. 1998]. within the range considered
normal for a human being.
Direct trust. A trust [Sec. 4, RA 7277].
intentionally created by the
direct and positive act of the Disallowance of wills.
settlor, by some writing, Grounds: (a) If the
deed, or will, or oral formalities required by law
declaration. That created by have not been complied
316
with; (b) if the testator was restoration of facilities. [Sec.

insane, or otherwise 1, EO 948, Apr. 23, 1984].
mentally incapable of
making a will, at the time of Disaster volunteer worker
its execution; (c) if it was (DVW). A duly accredited
executed through force or member of any of the task
under duress, or the units of a local disaster
influence of fear, or threats; coordinating council. [Sec. 1,
(d) if it was procured by EO 948, Apr. 23, 1984].
undue and improper
pressure and influence, on Disbarment. Form of
the part of the beneficiary or discipline of a lawyer
of some other person; (e) if resulting in the loss (often
the signature of the testator permanently) of that
was procured by fraud; (f) if lawyer's right to practice
the testator acted by law. [Glossary of Legal
mistake or did not intend Terms (Pro-Se), 2004].
that the instrument he
signed should be his will at Discernment. As used in Art.
the time of affixing his 12 (3) of the Rev. Penal
signature thereto. [Art. 839, Code, the mental capacity of
CC]. a minor under fifteen years
of age but over nine, who
Disaster operations. Any commits an act prohibited
effort by one or more by law, to understand the
agencies, government difference between right and
and/or otherwise, to provide wrong. [People v. Doquena,
emergency assistance in 68 Phil. 580 (1939)].
relief to persons who are
victims of a disaster or Discharge. 1. The act of
calamity. Specific aid and spilling, leaking, pumping,
assistance that may be pouring, emit-ting,
provided in disaster emptying, releasing or
operations include, among dumping of any material into
others: issuance of medical a water body or onto land
supplies and equipment and from which it might flow or
emergency medical drain into said water. [Sec 4,
treatment; food, water and RA 9275]. 2. Any spilling,
shelter, rescue and leaking, pumping, pouring,
firefighting services; police emitting, emptying or
protection; route clearance dumping but does not
and traffic control; include discharge of
prevention of panic, effluents from industrial or
communications and manufacturing

317
establishments, or mill of face value. [Great Asian

any kind. [Sec. 3, PD 979]. Sales Center v. CA, GR
105774, Apr. 25, 2002].
Discharge. Civ. Law. The
court's formal discharge of a Discounting line. A credit
debtor's debts. In probate, facility with a financing
the release of the estate's company or bank which
representative from fiduciary allows a business entity to
responsibility. [Glossary of sell, on a continuing basis,
Legal Terms (Pro-Se), 2004]. its accounts receivable at a
discount. [Great Asian Sales
Discharge. Labor. It takes Center v. CA, GR 105774,
place when the employer Apr. 25, 2002].
has resolute intention to
dispense with the services of Discourtesy. Incivility; ill
the employee. [Poquiz, Labor manners; rudeness of
Rel. Law, 1999 Ed. p. 22]. behavior or language; an
impolite act. [Espina, Didith
Discharge of firearms. R., CSC Res. 98-2991, Nov.
Crim. Law. The felony 16, 1998, citing Webster’s
committed by any person 3rd New Intl. Dict.].
who shall shoot at another
with any firearm, unless the Discovered peril doctrine.
facts of the case are such See Last clear chance
that the act can be held to doctrine.
constitute frustrated or at-
tempted parricide, murder, Discovering secrets
homicide or any other crime through seizure of
for which a higher penalty is correspondence. Crim.
prescribed by any of the Law. The felony committed
articles of the Rev. Penal by any private individual
Code. [Art. 254, RPC]. who in order to discover the
secrets of another, shall
Disclaim. To refuse a gift seize his papers or letters,
made in a will. [Jurist’s Legal whether or not he reveals
Dict., 2004]. the contents there-of. This
shall not be applicable to
Discontinuous easements. parents, guardians, or
Those easements which are persons en-trusted with the
used at intervals and depend custody of minors with
upon the acts of man. [Art. respect to the papers or
615, CC]. letters of the children or
minors placed under their
Discount. The sale of a care or study, nor to spouses
receivable at less than its with respect to the papers or
318
letters of either of them. SCRA 804, 812]. 2. The act

[Art. 290, RPC]. or the liberty to decide,
according to the principles of
Discovery. The disclosure of justice and one's ideas of
facts resting in the what is right and proper
knowledge of the defendant, under the circumstances,
or as the production of without willfulness or favor.
deeds, writings, or things in [Lamb v. Phipps, GR 7806.
his possession or power, in July 12, 1912].
order to maintain the right or
title of the party asking it, in Discretionary execution or
a suit or proceeding. [Insular execution of judgment
Life v. CA, GR 97654. Nov. pending appeal. The
14, 1994, citing Bouvier's execution of a judgment or
Law Dict., p. 882]. final order before it attains
finality. The court which
Discovery modes. The name rendered the decision can
given pretrial devices for grant an execution pending
obtaining facts and appeal if it still retains
information about the case. jurisdiction over the case
[Jurist’s Legal Dict., 2004]. and is in possession of the
records at the time of the
Discreta. See Accession filing of the motion;
discreta. otherwise, the motion shall
be acted upon by the
Discretio est scire per appellate court. [Bench Book
legem quid sit justum. for Trial Court Judges, p. 2-
Lat. Discretion consists in 56, citing Sec. 2, Rule 39,
knowing through the law RoC]. Compare with
what is just. [Moreno’s Law Ministerial execution.
Dict., 2000 Ed., p. 135].
Disease infested. Severely
Discretion. 1. When applied impaired trees due to
to public functionaries, it is a bacteria, fungus, or virus,
power or right conferred viriod and the chances of its
upon them by law of acting survival and being
officially, under certain economically productive is
circumstances, uncontrolled nil. [Sec. 3, PCA Admin.
by the judgment or Order 1-95].
conscience of others. [Rep.
v. Capulong, GR 93359, July Disfigurement. See
12, 1991, 199 SCRA 134, Deformity.
149 quoting Meralco
Securities Corp. v. Savellano,
L-36748, Oct. 23, 1982, 117
319
Disgraceful and immoral goodness and uprightness.

conduct. See Immoral [Moreno’s Law Dict., 2000
conduct. Ed., p. 135].
Disguise. The use by a Disinheritance. 1. Depriving

person committing a crime a compulsory heir of his
(under Art. 14, par. 14 of the legitime, for causes
Rev. Penal Code) of a mask expressly stated by law. [Art.
to cover his face for the 915, CC]. 2. A testamentary
purpose of concealing his disposition depriving any
identity. [Moreno’s Law Dict., compulsory heir of his share
2000 Ed., p. 135]. in the legitime for a cause
authorized by law.
Dishonesty. 1. The [Maninang v. CA, GR L-
concealment or distortion of 57848. June 19, 1982, citing
truth in a matter of fact Reyes and Puno, An Outline
relevant to one's office or of Phil. Civil Law, 1956 ed.,
connected with the Vol. III, p. 8].
performance of his duties.
[Sec. 8, PD 971]. 2. Any act Disinterment. The removal
which shows lack of integrity or exhumation of remains
or a disposition to defraud, from places of interment.
cheat, deceive or betray. It [Sec. 89, PD 856].
consists of an intent to
violate the truth. [Bagacay, Diskettes. Integral parts of a
Julio C., CSC Res. 97-1123, computer system,
Feb. 4, 1997]. constituting one of the
"input-output devices" or
Dishonor. The refusal of the "peripherals," in the same
bank against (which) the manner that the keyboard is
check is drawn to pay it due an "input-output device" and
to any of these grounds: the monitor, keyboard and
insufficient funds, account printer are "peripherals" in
closed, payment stopped, or relation to the memory or
no account with bank. central processing unit (CPU)
[Moreno’s Law Dict., 2000 of the computer system.
Ed., p. 135]. [People v. Burgos, GR 92739.
Aug. 2, 1991].
Dishonorable conduct. The
state or quality of being Disloyal. Not true to a
immoral; vice, wickedness; sovereign or lawful superior,
also an immoral act or or to the government under
practice. The term denotes a which one lives; false where
norm of conduct which is allegiance is due; faithless.
contrary to human decency,
320
[Words and Phrases, Vol. 12 proceeding, either because

A, p. 432]. the court is not a court of
competent jurisdiction, or
Disloyalty of public officers the evidence does not show
or employees. Crim. Law. that the offense was
The felony committed by committed within the
public officers or employees territorial jurisdiction of the
who have failed to resist a court, or the complaint or
rebel-lion by all the means in information is not valid or
their power, or shall continue sufficient in form and
to discharge the duties of substance, etc. [Malanyaon
their offices under the v. Lising, GR L-56028. July
control of the rebels or shall 30, 1981]. 2. The
accept appointment to office termination of a lawsuit.
under them. [Art. 137, RPC, [Glossary of Legal Terms
as reinstated by EO 187]. (Pro-Se), 2004]. See With
prejudice and Without
Disloyalty to the prejudice. Compare with
Government. It consists of Acquittal.
abandonment or
renunciation of one's loyalty Disobedience to order of
to the Government of the superior officers, when
Philippines, or advocating said order was
the overthrow of the suspended by inferior
Government. [Sec. 8, PD officer. Crim. Law. The
971]. felony committed by any
public officer who, having for
Dismantling. The tearing any reason suspended the
apart, piece by piece or part execution of the orders of his
by part, of a motor vehicle. superiors, shall disobey such
[Sec. 2, RA 6539]. superiors after the latter
have disapproved the
Dismiss. To throw a case out suspension. [Art. 232, RPC].
of court. [Torres, Oblig. &
Cont., 2000 Ed., p. 349]. Disobedience to summons
is-sued by the National
Dismissal. Labor. A discharge Assembly, its committees
of an employee, a or subcommittees, by the
termination of an employee Constitutional
at the instance of the Commissions, its
employer. [Poquiz, Labor committees,
Rel. Law, 1999 Ed. p. 22]. subcommittees or
divisions. Crim. Law. The
Dismissal. Rem. Law. 1. The felony committed by any
termination of the person who, having been
321
duly summoned to attend as

a witness before the National Disorder. A disturbance of
Assembly, (Congress), its the peace. [Moreno’s Law
special or standing Dict., 2000 Ed., p. 136].
committees and
subcommittees, the Disorders of volition. See
Constitutional Commissions Conation.
and its committees,
subcommittees, or divisions, Dispense. Any act of giving
or before any commission or away, selling or distributing
committee chairman or medicine or any dangerous
member authorized to drug with or without the use
summon witnesses, refuses, of prescription. [Sec 3, RA
with-out legal excuse, to 9165].
obey such summons, or
being present before any Disposal. The act of parting
such legislative or with, alienation of, or giving
constitutional body or up of supplies or property.
official, refuses to be sworn [IRR on Supply & Prop. Mgt.,
or placed under affirmation per Sec. 383, LGC].
or to answer any legal
inquiry or to produce any Dispose of. To alienate or
books, papers, documents, direct the ownership of
or records in his possession, property, aas disposition by
when required by them to do will. [Moreno’s Law Dict.,
so in the exercise of their 2000 Ed., p. 136].
functions; or by any person
who shall restrain another Disposicion captatoria. Any
from attending as a witness, disposition made upon the
or who shall induce condition that the heir shall
disobedience to a summon make some provision in his
or refusal to be sworn by any will in favor of the testator or
such body or official. [Art. of any other person. Such
150, RPC]. disposition shall be void.
[Art. 875, CC].
Disobeying request for
disqualification. Crim. Law. Disposition post mortem.
The felony committed by any See Donation mortis
public officer who, before the causa.
question of jurisdiction is
decided, shall continue any Disputable presumption.
proceeding after having Evid. A species of evidence
been lawfully required to that may be accepted and
refrain from so doing. [Art. acted on where there is no
242, RPC]. other evidence to uphold the
322
contention for which it Disregard of the respect

stands, or one which may be due the offended party
overcome by other evidence. by reason of his rank, age
[People v. De Guzman, GR or sex. An aggravating
106025. Feb. 9, 1994, citing circumstance under Art. 14
31A CJS p. 197]. (3) of the Rev. Penal Code
Presumption juris which may be taken into
tantum. See Prima facie account only in crimes
presumption; Rebuttable against persons or honor,
presumption. Compare when in the commission of
with Conclusive the crime there is some
presumption. insult or disrespect shown to
rank, age or sex. It is not
Dispute. A disagreement on a proper to consider this
point of law or fact, a conflict aggravating circumstance in
of legal views or interests crimes against property.
between two persons. A [People v. Collado, GR
disagreement or conflict has 88631. Apr. 30, 1991].
the character of an
international dispute if it Dissent. To disagree. The
arises between two or more word is used in legal circles
states. [Sandoval, Pol. Law to refer to the minority
Reviewer 2003]. opinion of a justice which
runs contrary to the
Disputed decision. The conclusions of the majority.
phrase is the equivalent of [Duhaime's Legal Dict.,
"ruling, order or decision 2004].
appealed from.” [Navoa-
Ramos v. CA, GR 119872. Dissenting opinion. 1. The
July 7, 1997]. minority opinion of a justice
or justices which runs
Disrate. A term of maritime contrary to the conclusions
law where an officer or other of the majority. 2. There is
seaman is either demoted in nothing to enforce in a
rank or deprived of a dissenting opinion since it
promotion. [LawInfo Legal affirms or overrules no
Dictionary (2005)]. claim, right, or obligation,
and neither disposes of, not
Disregarding the fiction of awards, anything; it merely
corporate entity. See expresses the views of the
Piercing the veil of dissenter. [Tolentino v.
corporate entity or fiction Ongsiako, GR L-17938. Apr.
doctrine. 30, 1963]. Compare with
Concurring opinion.

323
Dissolution. The termination, Distillation. The process of

process of dissolving or first raising the temperature
winding up something. in separate the more volatile
[Jurist’s Legal Dict., 2004]. from the less volatile parts
and then cooling and
Dissolution of a condensing the resulting
corporation. 1. The act of vapor so as to produce a
ending, terminating or nearly purified substance.
winding-up a corporation or [Sec. 3, PD 1185].
its state of affairs. 2. The
termination; process of Distillers of spirits. All who
dissolving or winding up distill spirituous liquors by
something. [Glossary of original and continuous
Legal Terms (Pro-Se), 2004]. distillation from mash, wort,
wash, sap, or syrup through
Dissolution of a continuous closed vessels
corporation by and pipes until the
shortening corporate manufacture thereof is
term. A voluntary complete. [Sec. 1, PD 426].
dissolution of a corporation
effected by amending its Distingue tempora et
articles of incorporation to concordabis jura. Lat.
shorten its corporate term Distinguish times and you
pursuant to the provisions of will harmonize laws. [Comm.
the Corporation Code. [Sec. of Customs v. Superior Gas
120, Corp. Code]. and Equipment Co., 108 Phil.
225, May 25, 1960].
Dissolution of a marriage.
The act of ending the legal Distraer. Sp. To convert. The
relationship between those term connotes the act of
persons formally joined by using or disposing of
marriage. [Claridades, A., another's property as if it
Compilation of Notes, 2001- were one's own. [Sy v.
2006]. People, GR 85785. Apr. 24,
1989, citing II Crim. Law,
Dissolution of a Reyes, 12th Ed., p. 729].
partnership. The change in
the relation of the parties Distraint. The right of a
caused by any partner landlord to seize the
ceasing to be associated in property of a tenant which is
the carrying on, as might be in the premises being
distinguished from the rented, as collateral against
winding up of, the business. a tenant that has not paid
[Art. 1828, CC]. the rent or has otherwise
defaulted on the lease, such
324
as wanton disrepair or (ERC) for the use of a

destruction of the premises. distribution system and/or
A legal action to reclaim the availment of related
goods that have been services. [Sec. 4, RA 9136].
distrained is called Replevin.
[Duhaime's Legal Dict., Distribution retail supply
2004]. rate. The total price paid by
end-users consisting of the
Distribution. The delivery or charges for gene-ration,
sale of any drug or device transmission and related
for purposes of distribution ancillary services,
in commerce, except that distribution, supply and
such terms does not include other related charges for
a manufacturer or retailer of electric service. [Sec. 4, RA
such product. [Sec. 6, EO 9136].
175, May 22, 1987].
Distribution system. The
Distribution code. A system of wires and
compilation of rules and associated facilities
regulations governing belonging to a franchised
electric utilities in the distribution utility extending
operation and maintenance between the delivery points
of their distribution systems on the transmission or
which includes, among subtransmission system or
others, the standards for generator connection and
service and performance, the point of connection to
and de-fines and establishes the premises of the end-
the relation-ship of the user. [Sec. 4, RA 9136].
distribution systems with the
facilities or installations of Distribution utility. Any
the parties connected electric cooperative, private
thereto. [Sec. 4, RA 9136]. corporation, government-
owned utility or existing
Distribution of electricity. local government unit which
The conveyance of electric has an exclusive franchise to
power by a distribution operate a distribution
utility through its distribution system in accordance with
system pursuant to the RA 9136. [Sec. 4, RA 9136].
provisions of RA 9136. [Sec.
4, RA 9136]. Distributor. Any person to
whom a consumer product is
Distribution retail wheeling delivered or sold for
charge. The cost or charge purposes of distribution in
regulated by the Energy commerce, except that such
Regulatory Commission term does not include a
325
manufacturer or retailer of
such product. [Art. 4, RA Dividend. 1. Any distribution
7394]. made by a corporation to its
shareholders out of its
Disturbance compensation. earnings or profits and
Payment of just indemnity payable to its shareholders,
for the disturbance of whether in money or in other
proprietary rights as a result property. [Sec. 73, NIRC, as
of expropriation. [Claridades, amended]. 2. That part or
A., Compilation of Notes, portion of the profits of the
2001-2006]. enterprise which the
corporation, by its governing
Disturbance of agents, sets apart for ratable
proceedings. Crim. Law. division among the holders
The felony committed by any of the capital stock. It means
person who disturbs the the fund actually set aside,
meetings of the National and declared by the
Assembly (Congress of the directors of the corporation
Philippines) or of any of its as a dividend, and duly
committees or ordered by the directory, or
subcommittees, by the stock-holders at a
constitutional commissions corporate meeting to be
or committees or divisions divided or distributed among
thereof, or of any provincial the stockholders according
board or city or municipal to their respective interests.
council or board, or in the [Nielson v. Lepanto, GR L-
presence of any such bodies 21601. Dec. 28, 1968]. 3. A
should behave in such proportionate distribution of
manner as to interrupt its profits made in the form of a
proceedings or to impair the money payment to
respect due it. [Art. 144, shareholders, by a for-profit
RPC, as reinstated by EO corporation. Dividends are
187]. declared by a company's
board of directors.
Divestment. The transfer of [Duhaime's Legal Dict.,
title or disposal of interest in 2004].
property by voluntarily,
completely and actually Divination. The pretended
depriving or dispossessing art of foreseeing future
oneself of his right or title to events by supernatural or
it in favor of a person or magical agency. [Moreno’s
persons other than his Law Dict., 2000 Ed., p. 138].
spouse and relatives as
defined in RA 6713. [Sec. 3, Divine law. (a) Divine
RA 6713]. positive law, i.e., Ten
326
Commandments; (b) Divine unique to each person with

human positive law, i.e., the only exception of
commandments of the identical twins (that is why it
church. [Suarez, Stat. Con., is also called DNA finger-
(1993), p. 37-38]. printing). Through laboratory
process, DNA can be
Divisible contract, general extracted from body tissue
rule on. As a general rule, a such a strand of hair, semen,
contract to do several things blood and matched against
at several times is divisible DNA discovered at a crime
in its nature, so as to scene or on a victim to
authorize successive actions; scientifically implicate an
and a judgment recovered accused. It can also be used
for a single breach of a to match DNA between
continuing contract or parents in a paternity suit.
covenant is no bar to a suit [Duhaime's Legal Dict.,
for a subsequent breach 2004].
thereof. [Blossom & Co. v.
Manila Gas, GR 32958. Nov. Dock. Locks, cuts, entrances,
8, 1930, citing 34 CJ, p. 839]. graving docks, inclined
planes, slipways, quays, and
Divisible obligation. An other works and things
obligation the object of appertaining to any dock.
which, in its delivery or [Sec. 3, PD 857].
performance, is capable of
partial performance. [Diaz, Docket. 1. An official court
Bus. Law Rev., 1991 Ed., p. record book which lists all
29]. Compare with the cases before the court
Indivisible obligation. and which may also note the
status or action required for
Divorce (talaq). The formal each case. [Duhaime's Legal
dissolution of the marriage Dict., 2004]. 2. An abstract
bond in accordance with the or listing of all pleadings
Code of Muslim Personal filed in a case; the book
Laws of the Philip-pines to be containing such entries; trial
granted only after docket is a list of or calendar
exhaustion of all possible of cases to be tried in a
means of reconciliation certain term. [Glossary of
between the spouses. [Art. Legal Terms (Pro-Se), 2004].
45, PD 1086].
Docket control. A system for
DNA. Abbreviation for keeping track of deadlines
Deoxyribonucleic Acid. A and court dates for both
chromosome molecule which litigation and non-litigation
carries genetic coding
327
matters. [Jurist’s Legal Dict., performs substantially the

2004]. same function in
substantially the same way
Doctrine. 1. That which is to achieve substantially the
taught; what is held, put same result. [Godinez v. CA,
forth as true, and supported GR 97343. Sep. 13, 1993].
by a teacher, a school, or a Compare with Literal
sect; a principle or position, infringement test.
or the body of principles, in
any branch of knowledge; Doctrine of estoppel. (A
tenet; dogma; principle of doctrine) based on grounds
faith. It is a synonym of of public policy, fair dealing,
principle, position, opinion, good faith and justice, (the)
article, maxim, rule, and purpose (of which) is to
axiom. [Mabanag v. Vito, 78 forbid one to speak against
Phil. 1, Mar. 5, 1947]. 2. A his own act, representations,
rule or principle or the law or commitments to the injury
established through the of one to whom they were
repeated application of legal directed and who reasonably
precedents. [Duhaime's relied thereon. [PNB v. CA,
Legal Dict., 2004]. 94 SCRA 357].
Doctrine of attractive Doctrine of implication.

nuisance. See Attractive Stat. Con. That which is
nuisance doctrine. plainly implied in the
language of a statute is as
Doctrine of discovered much a part of it as that
peril. See Last clear which is expressed. [In Re:
chance doctrine. McCulloch Dick, 35 Phil. 41,
45, 50; 82 CJS 632; 73 Am
Doctrine of equivalents Jur 2nd 404].
test. A test established to
determine infringement Doctrine of inappropriate
which recognizes that minor provision. (It deals with)
modifications in a patented item provisions (in a budget
invention are sufficient to bill) that are to be treated as
put the item beyond the items for the President’s
scope of literal infringement. veto power. [Dean Tupaz, 24
Thus, an infringement also Hours Before the Bar (1st Ed.
occurs when a device 2005), p. 133].
appropriates a prior
invention by incorporating Doctrine of judicial
its innovative concept and, stability. See Doctrine of
albeit with some non-interference.
modification and change,
328
Doctrine of last clear

chance. See Last clear Doctrine of primary
chance doctrine. jurisdiction. (The doctrine
that holds that) if the case is
Doctrine of limited liability. such that its determination
See Limited liability requires the expertise,
doctrine. specialized skills and
knowledge of the proper
Doctrine of necessary administrative bodies
implication. Stat. Con. The because technical matters or
doctrine which states that intricate questions of facts
what is implied in a statute are involved, then relief
is as much a part thereof as must first be obtained in an
that which is expressed. administrative proceeding
[Natl. Assoc. of Trade Unions before a remedy will be
(NATU) v. Torres, GR 93468. supplied by the courts even
Dec. 29, 1994]. though the matter is within
the proper jurisdiction of a
Doctrine of non- court. [Industrial Enterprises,
interference. An Inc. v. CA, GR 88550. Apr.
elementary principle of 18, 1990].
higher importance in the
administration of justice that Doctrine of prior use. The
the judgment of a court of principle that prior use of a
competent jurisdiction may trademark by a person, even
not be opened, modified, or in the absence of a prior
vacated by any court of registration, will convert a
concurrent jurisdiction. [Rep. claim of legal appropriation
v. Reyes, 155 SCRA 313 by subsequent users.
(1987), citing 30-A Am Jur [Moreno’s Law Dict., 2000
605]. Also Doctrine of Ed., p. 139].
judicial stability.
Doctrine of qualification.
Doctrine of outside See Characterization.
appearance. (The doctrine
holding that) a corporation is Doctrine of qualified
bound by a contract entered political agency. Pol. Law.
into by an officer who acts The doctrine which holds
without, or in excess of his that, as the President cannot
actual authority, in favor of a be expected to exercise his
person who deals with him in control powers all at the
good faith relying on such same time and in person, he
apparent authority. will have to delegate some
[Moreno’s Law Dict., 2000 of them to his Cabinet
Ed., p. 139]. members, who in turn and
329
by his authority, control the relationship between the

bureaus and other offices employer and employee has
under their respective been unduly strained by
jurisdictions in the executive reason of their irreconcilable
department. [Carpio v. Exec. differences, particularly
Sec., GR 96409. Feb. 14, where the illegally dismissed
1992]. employee held a managerial
or key position in the
Doctrine of relations. Also company, it would be more
Relations back doctrine. prudent to order payment of
That principle of law by separation pay instead of
which an act done at one reinstatement. [Quijano v.
time is considered by a Mercury Drug Corp., GR
fiction of law to have been 126561. July 8, 1998].
done at some antecedent
period. It is a doctrine which, Document. Rem. Law. 1. A
although of equitable origin, deed, instrument or other
has a well recognized duly authorized paper by
application to proceedings at which something is proved,
law; a legal fiction invented evidenced or set forth. Any
to promote the ends of instrument authorized by a
justice or to prevent injustice notary public or a competent
end the occurrence of public official, with the
injuries where otherwise solemnities required by law,
there would be no remedy. is a public document.
The doctrine, when invoked, [Bermejo v. Barrios, GR L-
must have connection with 23614. Feb. 27, 1970]. 2.
actual fact, must be based Any substance having any
on some antecedent lawful matter expressed or
rights. It has also been described upon it by marks
referred to as "the doctrine capable of being read.
of relation back." [Allied [Francisco, Evidence, Vol.
Banking Corp. v. CA, GR VII, Part 1, 1997 Ed., p. 129].
85868. Oct. 13, 1989, citing
2 CJS 1310]. Document. Trust Receipts
Law. Written or printed
Doctrine of strained evidence of title to goods.
relations. Labor. (The rule) [Sec. 3, PD 115].
that where reinstatement is
not feasible, expedient or Documentary bill. Nego.
practical, as where Inst. One to which are
reinstatement would only attached documents of title
exacerbate the tension and delivered and surrendered to
strained relations between the drawee when he accepts
the parties, or where the
330
or pays the bill. [Diaz, Bus. delivery, goods represented

Law Rev., 1991 Ed., p. 365]. by such document. [Art.
1619, CC].
Documentary evidence.
Documents as evidence Doing business. 1. Soliciting
consisting of writings or any orders, purchases, service
material containing letters. contracts, opening offices,
words, numbers, figures, whether called liaison offices
symbols or other modes of or branches; appointing
written expressions offered representatives or
as proof of their contents. distributors who are
[Sec. 2, Rule 130, RoC]. domiciled in the Philippines
Compare with Testimonial for a period or periods
evidence. totaling one hundred eighty
(180) days or more;
Documented migrant participating in the
workers. (a) Those who management, supervision or
possess valid passports and control of any domestic
visas or permits to stay in business firm, entity or
the host country and whose corporation in the
contracts of employment Philippines, and any other
have been processed by the act or acts that imply a
POEA if required by law or continuity of commercial
regulation; or (b) Those dealings or arrangements
registered by the Migrant and contemplate to that
Workers and Other Overseas extent the performance of
Filipinos Resource Center or acts or works, or the
by the Embassy. [Sec. 2, exercise of some of the
IRR, RA 8042]. functions normally incident
to, and in progressive
Document of title to goods. prosecution of, commercial
Any bill of lading, dock gain or of the purpose and
warrant, quedan, or object of the business
warehouse receipt or order organization. [Art. 44, EO
for the delivery of goods, or 226, July 16, 1987]. 2. A
any other document used in continuity of commercial
the ordinary course of dealings and arrangements,
business in the sale or and contemplates to that
transfer of goods, as proof of extent, the performance of
the possession or control of acts or words or the exercise
the goods, or authorizing or of some of the functions
purporting to authorize the normally incident to, and in
possessor of the document progressive prosecution of,
to transfer or receive, either the purpose and object of its
by endorsement or by organization. [Mentholatum
331
v. Mangaliman, 72 Phil. 524 to or simultaneous to the

(1941); Moreno, Phil. Law contract in order to secure
Dict., 2nd Ed., 1972, p. 186]. the consent of the other.
[Samson v. CA, GR 108245.
Doing or transacting an Nov. 25, 1994]. 2. Those
insurance business. This deceptions or
includes (a) making or misrepresentations of a
proposing to make, as serious character employed
insurer, any insurance by one party and without
contract; (b) making or which the other party would
proposing to make, as not have entered into the
surety, any contract of contract. [Geraldez v. CA, GR
suretyship as a vocation and 108253. Feb. 23, 1994].
not as merely incidental to
any other legitimate Dolo incidente. Sp.
business or activity of the Incidental fraud. Those
surety; (c) doing any kind of which are not serious in
business, including a character and without which
reinsurance business, the other party would still
specifically recognized as have entered into the
constituting the doing of an contract.. [Geraldez v. CA,
insurance business within GR 108253. Feb. 23, 1994].
the meaning of the
Insurance Code; (d) doing or Domestic. 1. Persons usually
proposing to do any business living under the same roof,
in substance equivalent to pertaining to the same
any of the foregoing in a house, and constituting, in
manner designed to evade this sense, a part thereof,
the provisions of the distinguishing it from the
Insurance Code. term servant whereby a
person serving another on a
Dolo. Sp. Fraud or malice. A salary is designated. [People
conscious and intentional v. Alvarez, GR 34644, Jan.
design to evade the normal 17, 1974, 55 SCRA p. 92]. 2.
fulfillment of existing A person usually living under
obligations. [Luzon the same roof, pertaining to
Brokerage v. Maritime the same house, and
Building, GR L-25885. Aug. constituting, in this sense, a
18, 1972, citing Capistrano, part thereof. [US v. Arlante,
Civil Code of the Phil., Vol. 3. GR L-3859. Jan. 15, 1908].
p. 38].
Domestic Adoption Act 0f
Dolo causante. Sp. Causal 1998. RA 8552 entitled “An
fraud. 1. A deception Act establishing the rules
employed by one party prior and policies on the domestic
332
adoption of Filipino children like or directly competitive

and for other purposes” products constitutes a major
enacted on Feb. 25, 1998. proportion of products. [Sec.
4, RA 8800].
Domestic air carrier. An air
carrier who is a citizen of the Domestic or household
Philippines: Provided, That services. Service in the
an air carrier who is not a employer's home which is
citizen of the Philippines but usually necessary or
who may be allowed to desirable for the
engage in domestic and/or maintenance and enjoyment
foreign air transportation, or thereof and includes
domestic and/or foreign air ministering to the personal
commerce, in accordance com-fort and convenience of
with the provisions of RA the members of the
776, as amended, shall, to employer's household,
all intents and purposes, be including services of family
classified as a domestic air drivers. [Art. 141, LC].
carrier. [Sec. 3, RA 776].
Domestic servant. See
Domestic air commerce. Air Househelper.
commerce within the limits
of the Philippine territory. Domestic ship operator or
[Sec. 3, RA 776]. owner. A citizen of the
Philippines, or a commercial
Domestic air partnership wholly owned by
transportation. Air Filipinos, or a corporation at
transportation within the least sixty percent (60%) of
limits of the Philippine the capital of which is owned
territory by Filipinos, which is duly
authorized by the Maritime
Domestic corporation. A Industry Authority (MARINA)
corporation incorporated to engage in the business of
under the laws of the domestic shipping. [Sec. 3,
Philippines. [Sec. 123, Corp. RA 9295].
Code]. Compare with
Foreign corporation. Domestic shipping. The
transport of passenger or
Domestic industry. The cargo, or both, by ships duly
domestic producer, as a registered and licensed
whole, of like or directly under Philippine law to
competitive products engage in trade and
manufactured or produced in commerce between
the Philippines or those Philippine ports and within
whose collective output of Philippine territorial or
333
internal waters, for hire or In law, it is said that a

compensation, with general person may have many
or limited clientele, whether residences but only one
permanent occasional or domicile. [Duhaime's Legal
incidental, with or without Dict., 2004]. See
fixed routes, and done for Residence.
contractual or commercial
purposes. [Sec. 3, RA 9295]. Domicile by choice.
Elements in order to acquire
Domestic trade. The sale, a new domicile by choice:
barter or exchange of goods, There must concur (1)
materials or products within residence or bodily presence
the Philippines. [Sec. 3, RA in the new locality, (2) an
9295]. intention to remain there,
and (3) an intention to
Domicile. 1. That place in abandon the old domicile. In
which a person's habitation other words, there must
is fixed, with-out any present basically be animus manendi
intention of removing coupled with animus non
therefrom, and that place is revertendi. The purpose to
properly the domicile of a remain in or at the domicile
person in which he has of choice must be for an
voluntarily fixed his abode, indefinite period of time; the
or habitation, not for a mere change of residence must be
special or temporary voluntary; and the residence
purpose, but with a present at the place chosen for the
intention of making it his new domicile must be
permanent home. actual. [Romualdez v. RTC
[Romualdez-Marcos v. Br. 7, Tacloban City, GR
Comelec, GR 119976. Sep. 104960. Sep. 14, 1993].
18, 1995, citing 28 CJ S. §1].
2. A fixed permanent Domicile by operation of
residence to which when law. It attributes to a person
absent for business, or a domicile independent of
pleasure, or for like reasons his own intention or actual
one intends to return, and residence, ordinarily
depends on facts and resulting from legal domestic
circumstances, in the sense relations, as that of the wife
that they disclose intent. arising from marriage, or the
[Ong Huan Tin v. Rep., 19 relation of a parent and a
SCRA 966, 969]. 3. The child. [Romualdez-Marcos v.
permanent residence of a Comelec, GR 119976. Sep.
person; a place to which, 18, 1995, citing 28 CJS §7].
even if he were temporary
absence, he intend to return.
334
Domicile of choice. The Domicilium necesarium.

place which the person has Lat. Domicile by operation of
elected and chosen for law. [Romualdez-Marcos v.
himself to displace his Comelec, GR 119976. Sep.
previous domicile; it has for 18, 1995].
its true basis or foundation
the intention of the person. Domicilium originis. Lat.
[Romualdez-Marcos v. Domicile of origin. The
Comelec, GR 119976. Sep. common case of the place of
18, 1995, citing 28 CJS, §6]. birth. [Romualdez-Marcos v.
Comelec, GR 119976. Sep.
Domicile of origin. The 18, 1995].
domicile of his parents, or of
the head of his family, or of Domicilium proprio motu.
the person on whom he is Lat. That domicile which is
legally dependent at the voluntarily acquired by a
time of his birth. While the party. [Romualdez-Marcos v.
domicile of origin is Comelec, GR 119976. Sep.
generally the place where 18, 1995].
one is born or reared, it
maybe elsewhere. Domicilium voluntarium.
[Romualdez-Marcos v. Lat. Domicile of one’s own
Comelec, GR 119976. Sep. choosing. [Romualdez-
18, 1995, citing 28 CJS §5]. Marcos v. Comelec, GR
119976. Sep. 18, 1995].
Domiciliary principle. Also
Nationality principle. The Dominancy test. The test in
taxation of the same items determining whether
by the country of residence colorable imitation exists
or nationality of the which focuses on the
taxpayer. [Comm. of Int. similarity of the prevalent
Rev. v. Procter & Gamble features of the competing
Phil., GR 66838. Dec. 2, trademarks which might
1991]. Compare with cause confusion or deception
Source or situs rule. and thus constitutes
infringement. If the
Domiciliary theory. The competing trademark
theory that personal status, contains the main or
in general, is determined by essential or dominant
and/or subject to the features of another, and
jurisdiction of the domiciliary confusion and deception is
law. [Ellis v. Rep., GR L- likely to result, infringement
16922. Apr. 30, 1963]. See takes place. Duplication or
Nationality theory. imitation is not necessary;
nor it is necessary that the
335
infringing label should Dominium est jus utendi et

suggest an effort to imitate. abutendi, re quatenus
The question at issue in juris ratio potitur. Lat.
cases of infringement of Ownership is the right to use
trademarks is whether the and abuse one’s property
use of the marks involved insofar as the law and
would be likely to cause reason permit. [Moreno’s
confusion or mistakes in the Law Dict., 2000 Ed., p. 143].
mind of the public or deceive
purchasers. [Emerald Dominium plenum. Lat. Full
Garment Mfg. Corp. v. CA, ownership. [Alejandro v.
GR 100098. Dec. 29, 1995]. Geraldez, GR L-33849. Aug.
Compare with Holistic test. 18, 1977].
Dominant estate. The Dominium utile. Lat.

immovable in favor of which Beneficial ownership. [Gold
the easement is established. Creek Mining Corp. v.
[Art. 613, CC]. See Servient Rodriguez, 66 Phil. 259].
estate.
Domino absoluto. Lat. Full
Dominion or dominium. The ownership. [Vidal v. Posadas,
capacity of the State to own 58 Phil. 108; De Guzman v.
or acquire property such as Ibea, 67 Phil. 633]. Compare
lands and natural resources. with Nuda proprietas.
[Separate Opinion, Kapunan,
J., in Cruz v. Sec. of DENR, Donation. Civ. Law. 1. An act
GR 135385, Dec. 6, 2000]. of liberality whereby a
person disposes gratuitously
Dominium. Lat. The capacity of a thing or right in favor of
to own or acquire property, another, who accepts it. [Art.
including lands held by the 725, CC]. 2. There is also a
state in its proprietary donation when a person
capacity. [Suarez, Pol. Law gives to another a thing or
Reviewer, 1st Ed., 2002, p. right on account of the
29]. Compare with latter's merits or of the
Imperium. services rendered by him to
the donor, provided they do
Dominium directum. Lat. 1. not constitute a demandable
Naked ownership. [Alejandro debt, or when the gift
v. Geraldez, GR L-33849. imposes upon the donee a
Aug. 18, 1977]. 2. Bare burden which is less than the
ownership. [Gold Creek value of the thing given.
Mining Corp. v. Rodriguez, [Art. 726, CC].
66 Phil. 259].

336
Donation. Civ. Law. act of ingratitude as

Elements: There are three specified by the provisions of
essential elements of the Civil Code on donations
donations: [1] the reduction in general. [Art. 86, FC].
of the patrimony of the
donor, [2] the increase in the Donation inter vivos. Civ.
patrimony of the donee, and Law. A donation which the
[3] the intent to do an act of donor intends to take effect
liberality (animus donandi). during the lifetime of the
[Tatoto v. Heirs of Kabalo donor, though the property
Yusop, GR 74203. Apr. 17, shall not be delivered till
1990]. after the donor's death. The
fruits of the property from
Donation by reason of the time of the acceptance
marriage. Civ. Law. Also of the donation, shall pertain
Donation propter nuptias. to the donee, unless the
Donation made before the donor provides otherwise.
celebration of marriage, in [Art. 729, CC]. 2. Donation
consideration of the same, made without consideration
and in favor of one or both of (of death or mortal peril), but
the future spouses. [Art. 82, out of the donor's pure
FC]. generosity and the
recipient's desires, although
Donation by reason of the subject matter is not
marriage. Civ. Law. delivered at once, or the
Grounds for revocation: (a) If delivery is to be made post
the marriage is not mortem, which is a simple
celebrated or judicially matter of form and does not
declared void ab initio change the nature of the act,
except donations made in and such gifts are
the marriage settlements, irrevocable, especially if
which shall be governed by without a price and onerous
Art. 81, FC; (b) when the in character. [Balaqui v.
marriage takes place without Dongso, GR 31161. Oct. 28,
the consent of the parents or 1929].
guardian, as required by law;
(c) when the marriage is Donation mortis causa. Civ.
annulled, and the donee Law. 1. A donation to take
acted in bad faith; (d) upon effect at the death of the
legal separation, the donee donor. 2. A death-bed gift,
being the guilty spouse; (e) made by a dying person,
if it is with a resolutory with the intent that the
condition and the condition person receiving the gift
is complied with; (f) when shall keep the thing if death
the donee has committed an ensues. Such a gift is
337
exempted from the estate of revocability may be provided

the deceased as property is for indirectly by means of a
automatically conveyed reserved power in the donor
upon death. 3. This donation to dispose of the properties
partakes of the nature of conveyed [Bautista v.
testamentary provisions, and Sabiniano, 92 Phil. 244]; and
shall be governed by the (c) the transfer would be
rules of succession. [Art. void if the transferor
728, CC]. 4. A donation survived the transferee.
made, as its name implies, in [Alejandro v. Geraldez, GR L-
consideration of death or 33849. Aug. 18, 1977].
mortal peril, without the
donor's intention to lose the Donation propter nuptias.
thing or its free disposal in Civ. Law. See Donation by
case of survival, as in reason of marriage.
testamentary dispositions.
[Balaqui v. Dongso, GR Donation, when inofficious.
31161. Oct. 28, 1929]. 5. A Civ. Law. Donation that
death-bed gift, made by a exceeds what he may give
dying person, with the intent or receive by will. [Art. 752,
that the person receiving the CC].
gift shall keep the thing if
death ensues. Such a gift is Donation, when revocable
exempted from the estate of at the instance of the
the deceased as property is donor, by reason of
automatically conveyed ingratitude. Civ. Law. (a) If
upon death. [Duhaime's the donee should commit
Legal Dict., 2004]. some offense against the
person, the honor or the
Donation mortis causa. Also property of the donor, or of
Disposition post mortem. his wife or children under his
Civ. Law. Characteristics: (a) parental authority; (b) if the
The transfer conveys no title donee imputes to the donor
or ownership to the any criminal offense, or any
transferee before the death act involving moral
of the transferor, of the turpitude, even though he
transferor (meaning testator) should prove it, unless the
retains the owner-ship, full crime or the act has been
or naked (domino absoluto committed against the
or nuda proprietas) [Vidal v. donee himself, his wife or
Posadas, 58 Phil. 108; De children under his authority;
Guzman v. Ibea, 67 Phil. (c) if he unduly refuses him
633]; (b) the transfer is support when the donee is
revocable before the legally or morally bound to
transferor's death and
338
give support to the donor. through the legal

[Art. 765, CC]. mechanism of a trust.
Donation, when void. Civ. 2004].
Law. (a) Donations between
husband and wife; (b) those Dormant partner. A partner
made between persons who who does not take active
were guilty of adultery or part in the business of the
concubinage at the time of partnership and at the same
the donation; (c) Those time not known as a partner.
made between persons [Diaz, Bus. Law Rev., 1991
found guilty of the same Ed., p. 189].
criminal offense, in
consideration thereof; (d) Double costs. Costs (other
those made to a public than treble costs) which may
officer or his wife, be imposed on the plaintiff
descendants and or appellant, where an
ascendants, by reason of his action or an appeal is found
office. [Art. 133 and 739, to be frivolous, to be paid by
CC]. his attorney, if so ordered by
the court. [Sec. 3, Rule 143,
Donde quiera su fije de RoC].
residencia. Sp. “Wherever
(the husband) wishes to Double donations. Civ. Law.
establish residence.” This Donations of the same thing
(phrase) contemplates only to two or more different
actual residence because it donees which shall be
refers to a positive act of governed by the provisions -
fixing a family home or Art. 1544 of the Civil Code -
residence. [Romualdez- concerning the sale of the
Marcos, GR 119976. Sep. 18, same thing to two or more
1995]. different persons. [Art. 744,
CC].
Donee. Beneficiary of a trust.
The person who is the Double insurance. It exists
recipient of a power of where the same person is
attorney; the person who insured by several insurers
would have to exercise the separately in respect to the
power of attorney. same subject and interest.
[Duhaime's Legal Dict., [Sec. 93, IC].
2004].
Double insurance.
Donor. The person who Requisites. (a) The person
donates property to the insured must be the same;
benefit of another, usually (b) there must be several
339
insurers; (c) the subject to commit the same or is a

matter insured must be the frustration thereof. [People
same; (d) the interest v. Puno, 208 SCRA 550, 557.
insured must also be the May 8, 1992].
same; and (e) the risk
insured against must be the Double renvoi. Intl. Law. The
same. [Tiopianco, referral by the forum court
Commentaries & Jurisp. on to the conflict rules,
the Ins. Code of the Phil., including the renvoi rules) of
1999 Ed., p. 93]. a foreign state. Thus the
forum court applies the law
Double jeopardy. Putting a specified by the foreign
person on trial more than conflicts rules, including the
once for the same crime. foreign renvoi rules, in an
[Glossary of Legal Terms effort to render the decision,
(Pro-Se), 2004]. which the foreign court
would render if it were
Double jeopardy. 1. seized of the case. [Tetley,
Requisites: (a) The previous Glossary of Conflict of Laws,
complaint or information or 2004].
other formal charge is
sufficient in form and Double sale. The sale of the
substance to sustain a same thing to different
conviction: (b) the court has vendees, where the
jurisdiction to try the case; ownership shall be
(c) the accused has been transferred to the person
arraigned and has pleaded who may have first taken
to the charge; and (d) the possession thereof in good
accused is convicted or faith, if it should be movable
acquitted or the case is property. Should it be
dismissed without his immovable property, the
express consent. [Navallo v. ownership shall belong to
Sandiganbayan, GR 97214. the person acquiring it who
July 18, 1994]. 2. Elements: in good faith first recorded it
(a) A first jeopardy must in the Registry of Property.
have attached prior to the Should there be no
second; (b) the first jeopardy inscription, the ownership
must have been validly shall pertain to the person
terminated; and (c) the who in good faith was first in
second jeopardy must be for the possession; and, in the
the same offense, or the absence thereof, to the
second offense includes or is person who presents the
necessarily included in the oldest title, provided there is
offense charged in the first good faith. [Art. 1544, CC].
information, or is an attempt
340
Double share for full blood (LPG), kerosene, and other

collaterals rule. The rule petroleum products. [Sec. 4,
that should brother and RA 8479].
sisters of the full blood
survive together with Downstream Oil Industry
brothers and sisters of the Deregulation Act of 1998.
half blood, the former shall RA 8479 entitled “An Act
be entitled to a share double deregulating the
that of the latter. [Art. 1006, downstream oil industry, and
CC]. for other purposes” enacted
on Feb. 10, 1998.
Double taxation. 1. Taxing
the same person twice by Draft. Comml. Law. A bill of
the same jurisdiction for the exchange payable on
same thing. [Victorias Milling demand and drawn for the
Co. v. Mun. of Victorias, purpose of collecting for the
Negros Occ., 25 SCRA 192 drawer’s own use and
(1968)]. 2. Additional taxes account a sum of money due
laid on the same subject by him from the drawee. A sight
the same taxing jurisdiction draft is one for the
during the same taxing immediate collection of
period and for the same money. [Martin,
purpose. [Cruz, Constl. Law, Commentaries and Jurisp. on
1998 Ed., p. 89, citing Comml. Laws, Vol. 1, 1988
Cooley on Taxation, Vol. I, 4th Rev. Ed., p. 70].
Ed., p. 48].
Draft animal power. Power
Do ut des. Lat. I give that you provided by the carabao as a
give. [Torres, Oblig. & Cont., farm animal. [Sec. 3, RA
2000 Ed., p. 169]. 7307].
Do ut facias. Lat. I give that Dragnet clause. 1. The

you make (or do). [Torres, mortgage provision in
Oblig. & Cont., 2000 Ed., p. American jurisprudence
169]. which is specifically phrased
to subsume all debts of past
Downstream oil industry or future origin. Such clauses
(DOI). The business of are "carefully scrutinized
importing, exporting, re- and strictly construed.” [Phil.
exporting, shipping, trans- Bank of Communications v.
porting, processing, refining, CA, GR 118552. Feb. 5,
storing, distributing, 1996, citing 55 Am Jur 2d,
marketing and/or selling Mortgages, § 142, 283-284].
crude oil, gasoline, diesel, 2. Provision in a mortgage in
liquefied petroleum gas which a mortgagor gives
341
security for past and future Drug dependence. 1. As

advances as well as present based on the World Health
indebtedness. [Black’s Law Organization (WHO)
Dict., Abr. 5th Ed. (1983), p. definition, it is a cluster of
258]. physiological, behavioral and
cognitive phenomena of
Drago doctrine. Intl. Law. variable intensity, in which
The doctrine that “a public the use of psychoactive drug
debt cannot give rise to the takes on a high priority
right of intervention.” It was thereby involving, among
formulated by Foreign others, a strong desire or a
Minister Drago of Argentina sense of compulsion to take
in 1902 when Great Britain, the substance and the
Italy and Germany difficulties in controlling
established a blockade substance-taking behavior in
against Venezuela in order terms of its onset,
to enforce certain termination, or levels of use.
contractual and other claims [Sec 3, RA 9165]. 2. A state
against it. [Cruz, Intl. Law of psychic or physical
Reviewer, 1996 Ed., p. 56]. dependence, or both, on a
dangerous drug, arising in a
Drawee. The person to whom person following
the bill of exchange is administration or use of that
addressed and who is drug on a periodic or
ordered to pay. He becomes continuous basis. [People v.
an Acceptor when he Dichoso, GR 101216-18. June
indicates his willingness to 4, 1993].
pay the bill. [Claridades, A.,
Compilation of Notes, 2001- Drug establishment. Any
2006]. organization or company
involved in the manufacture,
Drawer. The person who importation, repacking
gives the order to pay and/or distribution of drugs
money to a third party. or medicines. [Sec. 3, RA
[Claridades, A., Compilation 6675].
of Notes, 2001-2006].
Drug or pharmaceutical
Drinking water. Water laboratory. Also
intended for human Pharmaceutical
consumption or for use in manufacturing
food preparation. [Sec 4, RA laboratory. An
9275]. establishment where
pharmaceuticals, proprietary
Drive-in-net. See Muro-ami. medicines or pharmaceutical
specialties are prepared,
342
compounded, standardized Drydock. A dock from which

and distributed or sold. [Sec. the water can be temporarily
42, RA 5921]. excluded, in order to effect
repairs to hulls and keels of
Drug outlets. Drugstores, ships or vessels. [Sec. 3, PD
pharmacies, and any other 857].
business establishments
which sell drugs or Dual system/training. A
medicines. [Sec. 3, RA delivery system of quality
6675]. technical and vocational
education which requires
Drug product. The finished training to be carried out
product form that contains alternately in two venues: In
the active ingredients, school and in the production
generally but not necessarily plant. In-school training
in association with inactive provides the trainee the
ingredients. [Sec. 3, RA theoretical foundation, basic
6675]. training, guidance and
human formation, while in-
Drugs. 1. Articles intended for plant training develops his
use in the diagnosis, cure, skills and proficiency in
mitigation, treatment, or actual work conditions as it
prevention of disease in man continues to inculcate
or other animals. 2. Articles personal discipline and work
(other than food) intended to values. [Sec. 1, IRR, RA
affect the structure or any 7796].
function of the body of man
or animals. [Art. 4, RA 7394]. Dual training system. An
instructional delivery system
Drug syndicate. Any of technical and vocational
organized group of two (2) or education and training that
more persons forming or combines in-plant training
joining together with the and in- school training based
intention of committing any on a training plan
offense prescribed under RA collaboratively designed and
9165. [Sec 3, RA 9165]. implemented by an
accredited dual system
Drunkenness. A state of the educational
mind, which depends upon institution/training center
the tolerance of a person to and accredited dual system
alcoholic drinks and which is agricultural, industrial and
relative in every individual. business establishments
[Moreno’s Law Dict., 2000 with prior notice and advice
Ed., p. 145]. to the local government unit
concerned. Under this
343
system, said establishments surrender of a thing (e.g. a

and the educational document or some other
institution share the evidence) by its holder, to
responsibility of providing the court, to serve as
the trainee with the best evidence in a trial.
possible job qualifications, [Duhaime's Legal Dict.,
the former essentially 2004].
through practical training
and the latter by securing an Duct system. A continuous
adequate level of specific, passageway for the
general and occupation- transmission of air. [Sec. 3,
related theoretical PD 1185].
instruction. The word "dual"
refers to the two parties Due. 1. The word is only
providing instruction: the equivalent to or synonymous
concept "system" means with "payable.” 2. With
that the two instructing reference to taxes, it implies
parties do not operate that such taxes are then
independently of one "owing, collectible or
another, but rather matured.” 3. The debt or
coordinate their efforts. [Sec. obligation to which it is
4, RA 7796]. applied has by contract or
operation of law become
Dual Training System Act immediately payable, but in
of 1994. RA 7796 entitled another sense it denotes the
“An Act to strengthen existence of a simple
manpower education and indebtedness, without
training in the Philippines by reference to the time
institutionalizing the dual payment, in which it is
training system as an synonymous with 'owing'
instructional delivery system and includes all debts
of technical and vocational whether payable in praesenti
education and training, or in futuro." [Comm. of Int.
providing the mechanism, Rev. v. Visayan Electric Co.,
appropriating funds therefor GR L-22611. May 27, 1968,
and for other purposes” citing 13-A Words and
enacted on Feb. 25, 1994. Phrases, pp. 107, 109, 110].
Duces tecum. Lat. Bring with Due and payable (on a

you. Used most frequently specified date). The
for a species of subpoena (as phrase means the debt or
in Subpoena duces tecum) obligation to which it is
which seeks not so much the applicable is then
appearance of a person immediately payable.
before a court of law, but the [Comm. of Int. Rev. v.
344
Visayan Electric Co., GR L- latter physical injuries only,

22611. May 27, 1968]. or in any other case,
although no physical injuries
Due bill. Comml. Law. An have been inflicted, and the
instrument whereby one seconds who shall in all
person acknowledges his events be punished as
indebtedness to another. accomplices. [Art. 260, RPC].
[Diaz, Bus. Law Rev., 1991
Ed., p. 379]. Due process of law. Pol.
Law. 1. In a criminal
Due execution. The fact that prosecution, due process
the document was signed consists of a law creating or
voluntarily and knowingly by defining the offense, an
the party whose signature impartial tribunal of
appears thereon. competent jurisdiction,
[Claridades, A., Compilation accusation in due form,
of Notes, 2001-2006]. See notice and opportunity to
Genuineness. defend, trial according to
established procedure, and
Duel. 1. An agreement to discharge unless found
fight under determined guilty. [People v. Lumague,
conditions and with the GR 53586. Jan. 30, 1982,
participation and citing 16 CJS 617]. 2.
intervention of seconds, who Fundamental fairness.
fix such conditions. [US v. [Anzaldo v. Clave, GR L-
Navarro, GR L-1878. Mar. 9, 54597. Dec. 15, 1982]. 3.
1907]. 2. A formal or regular The twin requirements of
combat previously notice and hearing
consented between two constitute essential
parties in the presence of elements of due process.
two or more seconds of [Century Textile Mills v.
lawful age on each side, who NLRC, 161 SCRA 528, 535].
make the selection of arms
and fix all the other Due process of law. Pol.
conditions of the fight to Law. Requisites: (a) There
settle some antecedent must be a court of tribunal
quarrel. [Gregorio, Fund. of clothed with judicial power
Crim. Law Rev., 1997 9th Ed., to hear and determine the
p. 655, citing Viada, p. 191]. matter before it; (b)
jurisdiction must be lawfully
Duel, participation in a. acquired over the person of
Crim. Law. The felony the defendant or over the
committed by any person property which is the subject
who shall kill his adversary of the proceeding; (c) the
in a duel, or inflict upon the defendant must be given an
345
opportunity to be heard; and Philippines at a price less

(d) judgment must rendered than its fair value. [Sec. 301,
upon lawful hearing. [El TCC].
Banco Español-Filipino v.
Palanca, GR L-11390. Mar. Dunnage. A term related to
26, 1918]. the placing of lumber under
the cargo to protect the
Dumping. 1. Any same from the water coming
unauthorized or illegal into the hold of the vessel or
disposal into any body of in between the different
water or land of wastes or parcels of cargo to prevent
toxic or hazardous material: them from injuring each
Provided, That it does not other. [First Plywood Corp.,
mean a release of effluent GR 84460. Nov. 13, 1992,
coming from commercial, citing 13 Words and Phrases,
industrial, and domestic 631].
sources which are within the
effluent standards. [Sec 4, Duodenal ulcer. See
RA 9275]. 2. Any deliberate Stomach ulcer.
disposal at sea and into
navigable waters of wastes Duplex. A house which has
or other matter from vessels, separate but complete
aircraft, platforms or other facilities to accommodate
man-made structures at sea, two families as either
including the disposal of adjacent units or one on top
wastes or other matter of the other. [Duhaime's
directly arising from or Legal Dict., 2004].
related to the exploration,
exploitation and associated Duplicate original. A signed
off-shore processing of sea carbon copy or duplicate of a
bed mineral resources document executed at the
unless the same is permitted same time as the original
and/or regulated under PD (which) may be introduced in
979. [Sec. 3, PD 979]. 3. evidence without accounting
Selling exported goods at for the non-production of the
prices below their normal original. But, an unsigned
value. [Intl. Law Dict. & and uncertified document
Direct., 2004]. purporting to be a carbon
copy is not competent
Dumping duty. A duty levied evidence. It is because there
on imported goods where it is no public officer
appears that a specific kind acknowledging the accuracy
or class of foreign article is of the copy. [Vallarta v. CA,
being imported into or sold GR L-36543. July 27, 1988].
or is likely to be sold in the
346
Dura lex sed lex. Lat. The (c) to counsel or maintain

law is hard but such is the such actions or proceedings
law. [Claridades, A., only as appear to him to be
Compilation of Notes, 2001- just, and such defenses only
2006]. as he believes to be honestly
debatable under the law; (d)
Duress. 1. Force, violence or to employ, for the purpose of
pressure which induces a maintaining the causes
person to act in a manner confided to him, such means
contrary to his own wish. only as are consistent with
[Torres, Oblig. & Cont., 2000 truth and honor, and never
Ed., p. 349]. 2. A situation seek to mislead the judge or
under which a person is any judicial officer by an
prevented from acting (or artifice or false statement of
not acting) according to his fact or law; (e) to maintain
free will, by threats or force inviolate the confidence, and
of another. Contracts signed at every peril to himself, to
under duress are voidable. preserve the secrets of his
[Duhaime's Legal Dict., client, and to accept no
2004]. compensation in connection
with his client's business
Dust. A finely powdered except from him or with his
substance which, when knowledge and approval; (f)
mixed with air in the proper to abstain from all offensive
proportion and ignited will personality and to advance
cause an explosion. [Sec. 3, no fact prejudicial to the
PD 1185]. honor or reputation of a
party or witness, unless
Duster. 1. House dress. required by the justice of the
[People v. Sadang, GR cause with which he is
105378. June 27, 1994]. 2. A charged; (g) not to
loose kind of dress. [People encourage either the
v. Arizala, GR 59713. Mar. commencement or the
15, 1982.] continuance of an action or
proceeding, or delay any
Duties of attorneys. It is the man's cause, from any
duty of an attorney: (a) To corrupt motive or interest;
maintain allegiance to the (h) never to reject, for any
Republic of the Philippines consideration personal to
and to support the himself, the cause of the
Constitution and obey the defenseless or oppressed; (i)
laws of the Philippines; (b) to in the defense of a person
observe and maintain the accused of crime, by all fair
respect due to the courts of and honorable means,
justice and judicial officers; regardless of his personal
347
opinion as to the guilt of the of work and all other terms

accused, to present every and any grievances or
defense that the law questions arising under such
permits, to the end that no agreement and executing a
person may be deprived of contract incorporating such
life or liberty, but by due agreements if requested by
process of law. [Sec. 20, either party, but such duty
Rule 138, RoC]. does not compel any party
to agree to a proposal or to
Duty. The word ordinarily make any concession. [Art.
`means an indirect tax, 252, LC].
imposed on the importation,
exportation, or consumption Dwelling. 1. A building
of goods. [Garcia v. Exec. designed or used as
Sec., GR 101273. July 3, residence for one or more
1992, citing Cooley, on families. [Sec. 3, BP 220]. 2.
Taxation, p. 3]. A building or structure,
exclusively used for rest and
Duty free shop. A retail comfort. [People v. Joya, GR
establishment located within 79090. Oct. 1, 1993, citing
the premises of International Reyes, The Rev. Penal Code,
ports of entry, airport or Vol. I, 1981 Ed., 336].
seaport, authorized to sell
tax and duty-free Dwelling house. 1. An entire
merchandise, consisting of thing; it includes the
consumables and light buildings, and such
durables, for the attachments as are usually
convenience of travelers. occupied and used for the
Such establishments have family for the ordinary
been introduced to special purposes of a house. [Caudal
economic zones in Subic and v. CA, GR 83414. July 31,
Clark on contention that 1989, citing Chase v.
these are permissible on free Hamilton Ins. Co., 20 N.Y.
port areas. [Customs Admin. 52]. 2. In law, it may
Order 3-95, Dec. 6, 1995]. embrace the dwelling itself
and such buildings as are
Duty to bargain used in connection with it.
collectively. The [Ibid, citing 28 CJS 19 Ala
performance of a mutual App 476].
obligation to meet and
convene promptly and Dwelling unit. A house and
expeditiously in good faith lot used for residential
for the purpose of purposes and shall include
negotiating an agreement not only buildings, parts or
with respect to wages, hours units thereof used solely as
348
dwelling places, except

motels, or hotel rooms; but Dyspareunia. Legal Med.
also those used for home Painful sexual intercourse in
industries or retail stores if women. [Olarte, Legal Med.,
the owner thereof and his 1st Ed. (2004), p. 115].
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
subject of inquiry [People v.
Clamor, 198 SCRA 642
(1991)].
349
if not raised in the trial court,

it will not be considered on
appeal. [People v. Vera, 37
Off, Gaz, 164 citing 12 CJ
786].
Earliest opportunity.
Exceptions: (a) In criminal
cases where the question
may be raised at any stage
of the proceedings, either in
the trial court or on appeal;
(b) in civil cases where it is
the duty of the court to pass
upon the constitutional
question, although raised for
the first time on appeal, if it
appears that a
determination of the
question is necessary to a
decision of the case; and (c)
it has also been held that a
constitutional question will
be considered by an
appellate court at any time,
where it involves the
jurisdiction of the court
below. [People v. Vera, 37
Off, Gaz, 164 citing 12 CJ
786].
Early childhood care and

development (ECCD)
system. The full range of
-E- health,
education
nutrition,
and
early
social
services pro-grams that
Earliest opportunity. The provide for the basic holistic
general rule is that the needs of young children
question of constitutionality from birth to age six (6), to
must be raised at the pro-mote their optimum
earliest opportunity, so that growth and development.
if not raised by the [Sec. 4, RA 8980].
pleadings, ordinarily it may
not be raised at the trial, and
350
Early neutral evaluation. immovable belonging to a

An alternative dispute different owner. [Art. 613,
resolution (ADR) process CC]. 2. A real right on
wherein parties and their another's property, corporeal
lawyers are brought together and immovable, whereby the
early in a pre-trial phase to owner of the latter must
present summaries of their refrain from doing or
cases and receive a non- allowing somebody else to
binding assessment by an do or something to be done
experienced, neutral person, on his property, for the
with expertise in the subject benefit of another person or
in the substance of the tenement. [Quimen v. CA,
dispute. [Sec. 3, RA 9285]. GR 112331. May 29, 1996,
citing 3 Sanchez Roman
Earned surplus. See 472]. 3. A right of passage
Retained earnings. over a neighbor's land or
waterway. An easement is a
Earnest money. Also Arras. type of servitude. For every
A statutory rule that easement, there is a
whenever ear-nest money is dominant and a servient
given in a contract of sale, it tenement. Easements are
shall be considered as part also classified as negative
of the price and as proof of (which prevents the servient
the perfection of the land owner from doing
contract. [Art. 1482, CC]. It certain things) or affirmative
constitutes an advance easements (the most
payment and must, there- common, which allows the
fore, be deducted from the beneficiary of the easement
total price. Also, earnest to do certain things, such as
money is given by the buyer a right-of-way). Although
to the seller to bind the right-of-ways are the most
bargain. [Adelfa Properties v. common easements, there
CA, GR 111238. Jan. 25, are many others such as
1995]. rights to tunnel under
another's land, to use a
Earnings. A general term washroom, to emit smoke or
embracing revenue profit, or fumes, to pass over with
income. [RCPI v. National transmission towers, to
Wages Council, GR 93044. access a dock and to access
Mar. 26, 1992]. a well. [Duhaime's Legal
Dict., 2004].
Easement. Also Servitude.
1. An encumbrance imposed Easement of light. Also Jus
upon an immovable for the luminum. The right to
benefit of another pierce the wall of one's
351
neighbor to open a window L-27319, Jan. 31, 1969, 26

through which the light may SCRA 816, Angela Estate v.
enter one's house. [Cortes v. CFI of Negros Occ., GR L-
Yu-Tibo, GR 911. Mar. 12, 27084, July 31, 1968, 24
1903]. SCRA 500, Bacolod Murcia
Milling v. Capitol Subdivision,
Easement of right of way. GR L-25887, July 26, 1966,
Requisites for claiming 17 SCRA 731].
thereof: (a) The estate is
surrounded by other Easements, how
immovables and is without extinguished. (a) By
adequate outlet to a public merger in the same person
highway; (b) after payment of the ownership of the
of the proper indemnity; (c) dominant and servient
the isolation was not due to estates; (b) by nonuser for
the proprietor's own acts; ten years; with respect to
and (d) the right way discontinuous easements,
claimed is at a point least this period shall be
prejudicial to the servient computed from the day on
estate, and in so far as which they ceased to be
consistent with this rule, used; and, with respect to
where the distance from the continuous easements, from
dominant estate to a public the day on which an act
highway may be the contrary to the same took
shortest. [Locsin v. Climaco, place; (c) when either or
(26 SCRA 836)]. both of the estates fall into
such condition that the
Easement of right of way. easement cannot be used;
Requisites for a valid grant: but it shall revive if the
(a) The dominant estate is subsequent condition of the
surrounded by other estates or either of them
immovables without an should again permit its use,
adequate outlet to a public unless when the use
highway; (b) the dominant becomes possible, sufficient
estate is willing to pay the time for prescription has
proper indemnity; (c) the elapsed, in accordance with
isolation was not due to the the provisions of the
acts of the dominant estate; preceding number; (d) by
and, (d) the right of way the expiration of the term or
being claimed is at a point the fulfillment of the
least prejudicial to the condition, if the easement is
servient estate. [Costabella temporary or conditional; (e)
Corp. v. CA, GR 80511, Jan. by the renunciation of the
25, 1991, 193 SCRA 333, owner of the dominant
citing Locsin v. Climaco, GR estate; (f) by the redemption
352
agreed upon between the Ecclesiastical law. See

owners of the dominant and Canon law.
servient estates. [Art. 631,
CC]. Eclecticism. Theory that
international law is derived
ECC. See Employees' from both natural law
Compensation (because certain rights and
Commission or duties are inherent) and
Environmental positive law (because the
Compliance Certificate. obligation to observe
international law is
ECCD. See Early childhood voluntary). [Intl. Law Dict. &
care and development Direct., 2004].
(ECCD) system.
Eclectic theory. See Situs
ECCD curriculum. The age- theory.
appropriate and
developmentally appropriate Ecological profile or eco-
educational objectives, pro- profile. Geographic-based
gram of activities, organized instruments for planners and
learning experiences and decision-makers which
recommended learning presents an evaluation of
materials for children that the environmental quality
are implemented by service and carrying capacity of an
providers through center and area. [Sec. 3, RA 7942].
home-based programs. [Sec.
4, RA 8980]. Ecology. The life-sustaining
interrelationships and
ECCD service providers. interactions of organisms
The various professionals, with each other and with
paraprofessionals, and their physical surroundings.
volunteer caregivers who are [Sec. 3, RA 7611].
directly responsible for the
care and education of young Economic abuse. Acts that
children through the various make or attempt to make a
center and home-based woman financially
programs. [Sec. 4, RA 8980]. dependent which includes,
but is not limited to the
Ecclesiastical corporation. following: (a) withdrawal of
A corporation organized fore financial support or
religious purposes. [Sec. preventing the victim from
109, Corp. Code]. Compare engaging in any legitimate
with Lay corporation. profession, occupation,
business or activity, except
in cases wherein the other
353
spouse/partner objects on project provided to

valid, serious and moral moderately low in-come
grounds as defined in Art. 73 families with lower interest
of the Family Code; (b) rates and longer
deprivation or threat of amortization periods. [Sec.
deprivation of financial 3, BP 220].
resources and the right to
the use and enjoyment of Economic community. A
the conjugal, community or group of states that have (a)
property owned in common; eliminated trade barriers
(c) destroying household between themselves and (b)
property; 4. controlling the established a common
victims' own money or external tariff. [Intl. Law
properties or solely Dict. & Direct., 2004].
controlling the conjugal
money or properties. [Sec. 3, Economic family-sized farm
RA 9262]. units. An area of farm land
that permits efficient use of
Economically important labor and capital resources
species. Species or of the farm family and will
subspecies which have produce an income sufficient
actual or potential value in to provide a modest
trade or utilization for standard of living to meet a
commercial purpose. [Sec. 5, farm family's needs for food,
RA 9147]. clothing, shelter, and
education with possible
Economically repairable. allowance for payment of
That condition of supplies or yearly installments on the
property which can still be land, and reasonable
repaired or rehabilitated at a reserves to absorb yearly
reasonable cost or that in fluctuations in income. [Sec.
which the cost of repair or 166, RA 3844].
rehabilitation would not
exceed sixty per cent (60%) Economic family size
of the acquisition cost of the fishpond. An area of
item to be fishpond that permits the
repaired/rehabilitated. sufficient use of labor and
Changes in monetary rates capital resources of a family
should be considered in the and will produce an income
computation of cost. [IRR on sufficient to provide a
Supply & Prop. Mgt., per Sec. modest standard of living to
383, LGC]. meet a family's need for
food, clothing, shelter,
Economic and socialized health and education with
housing. A type of housing allowance for payment of
354
yearly installments on the as a unit. [Claridades, A.,

area, and reasonable Compilation of Notes, 2001-
reserves to absorb yearly 2006].
fluctuations in income. [Sec.
3, PD 43]. Ecstasy. See
Methylenedioxy-
Economic life. The estimated methamphetamine.
period over which it is
anticipated that a machinery Education Act of 1982. BP
may profitably be utilized. 232 entitled “An Act
[Sec. 3, PD 464]. providing for the
establishment and
Economic scale. The maintenance of an
minimum quantity or volume integrated system of
of goods required to be education” enacted on Sept.
efficient. [Sec. 4, RA 8435]. 11, 1982.
Economic strike. Labor. A Educational Assistance Act

strike which is to force wage of 1976. PD 932, also
or other concessions from known as the "Study Now
the employer which he is not Pay Later Plan," signed into
required by law to grant. law on May 13, 1976.
[Consolidated Labor Assoc.
v. Marsman, 11 SCRA 589 Educational community.
(1964)]. Those persons or groups of
persons as such or
Economic zone. The special associated in institutions
economic zones, industrial involved in organized
estates, ex-port processing teaching and learning
zones and free trade zones systems. [Sec. 6, BP 232].
as defined in RA 7916 or the
PEZA Law. [Sec. 3, RA 9239]. Educational corporation. A
stock or non-stock
Economies of scale. The corporation organized to
decrease in unit cost as provide facilities for teaching
more units are produced due or instruction. It maintains a
to the spreading out of fixed regular faculty and
costs over a greater number curriculum and have a
of units produced. [Sec. 4, regular organized body of
RA 8435]. pupils or students, or
attendance at the place
Ecosystem. The ecological where the educational
community considered activities are regularly
together with non-living carried on. [Diaz, Bus. Law
factors and its environment Rev., 1991 Ed., p. 296, citing
355
Oleck, Modern Corp. Law, p. such person possesses,

540]. recognize exclusively in its
territory either the
Educational Loan Fund. nationality of the country in
Funds made available by which he is habitually and
lending institutions to principally resident or the
service the financial needs of nationality of the country
the eligible students. [Sec. 1, with which in the
PD 932]. circumstances he appears to
be in fact most closely
Educational Loan connected.” [Frivaldo v.
Guarantee Fund. The Comelec, GR 87193. June 23,
funds to be made available 1989].
by the government for
lending institutions to avail Effective occupation
in case of defaults in doctrine. Intl. Law. The
payments of obligations. nationals of the discovering
[Sec. 1, PD 932]. state, in its name or by its
authority, must first take
Effective absence. One that possession of the territory.
renders the officer Thereafter, they must
concerned powerless, for the establish thereon an
time being, to discharge the organization or government
powers and prerogatives of capable of making its laws
his office. [Gelinas, v. respected. [Sandoval, Pol.
Fugere, 180 A. 346, 351; Law Reviewer 2003].
Watkins, v. Mooney, 71 S. W.
622, 624]. Effectivity of laws. Under
Art. 2 of the Civil Code, the
Effective nationality publication of laws must be
principle. Intl. Law. The made in the Official Gazette,
principle expressed in Art. 5 and not elsewhere, as a
of the Hague Convention of requirement for their
1930 on the Conflict of effectivity, after fifteen days
Nationality Laws as follows: from such publication or
“Art. 5. Within a third State a after a different period
person having more than provided by the legislature.
one nationality shall be [Tañada v. Tuvera, GR L-
treated as if he had only 63915. Dec. 29, 1986].
one. Without prejudice to the
application of its law in Efficient concurring cause.
matters of personal status A cause which was operative
and of any convention in at the moment of the injury
force, a third State shall, of and acted
the nationalities which any contemporaneously with
356
another to produce the Eight-Hour Labor.

injury, and which was an Commonwealth Act No. 444,
efficient cause in the sense as amended. [Expressly
that except for it, the injury repealed by the Labor Code].
would not have occurred.
[Moreno’s Law Dict., 2000 Ei incumbit probatio non
Ed., p. 150]. qui negat. Lat. He who
asserts — not he who denies
Effluent. 1. Discharge from — must prove. A
known sources which is fundamental evidentiary rule
passed into a body of water in criminal law that the
or land, or waste water prosecution has the onus
flowing out of a probandi of establishing the
manufacturing plant, guilt of the accused. [People
industrial plant including v. Parel, GR 108733. Sep.
domestic, commercial and 16, 1996]. Also Ei incumbit
recreational facilities. [Sec 4, probatio qui dicit, non qui
RA 9275]. 2. Any negat.
wastewater, partially or
completely treated or any Ejectment. The legal remedy
liquid flowing out of mining available to the owner of a
mill operations, wastewater piece of land to remove
treatment plants or tailings persons in possession who
disposal system. [Sec. 4, have no right to be there.
DENR Admin. Order 95-23]. [Torres, Oblig. & Cont., 2000
Ed., p. 350].
Effluent standard. 1. Any
legal restriction or limitation Ejectment. Grounds: (a)
on quantities, rates, and/or When the period agreed
concentrations or any upon, or that which is fixed
combination thereof, of for the duration of leases
physical, chemical or under Arts. 1682 and 1687,
biological parameters of has expired; (b) lack of
effluent which a person or payment of the price
point source is allowed to stipulated; (c) violation of
discharge into a body of any of the conditions agreed
water or land. [Sec 4, RA upon in the contract; (d)
9275]. 2. Restrictions when the lessee devotes the
established to limit levels of thing leased to any use or
concentration of physical, service not stipulated which
chemical and biological causes the deterioration
constituents which are thereof; or if he does not
discharged from point observe the requirement in
sources. [Sec. 62, PD 1152]. No. 2 of Art. 1657 of the Civil

357
Code, as regards the use inches in length and less

thereof. [Art. 1673, CC]. than 1/4 inch in diameter
with a wick; also known as
Ejectment suit. A suit labintador [Sec. 2, RA 7183].
brought before the proper
inferior court to recover Election. 1. A choosing or a
physical possession only or selection by those having a
possession de facto and not right to participate (in the
possession de jure, where selection) of those who shall
dispossession has lasted for fill the offices, or of the
not more than one year. [De adoption or rejection of any
Leon v. CA, GR 96107. June public measures affecting
19, 1995]. the territory involved.
[Javellana v. Exec. Sec., GR
Ejusdem generis. Stat. Con. L-36142. Mar. 31, 1973,
Lat. Of the same kind; An citing Bouvier's Law Dict.]. 2.
enumeration of a class of Choice; selection. The
things includes all others of selection of one person from
the same class. 1. This is a specified class to
based on the rule of discharge certain duties in a
classification; when general state, corporation, or a
words follow particular or society. [Quiem v. Seriña, GR
specific words, the general L-22610. June 30, 1966,
words are deemed to include citing Bouvier's Law Dict.,
only such things or objects Vol. I, 3rd Rev., p. 979].
as are of the same kind as
those enumerated. 2. Under Election campaign or
this doctrine, where general partisan political activity.
terms follow the designation An act designed to promote
of particular things or the election or defeat of a
classes of persons or particular candidate or
subjects, the general term candidates to a public office.
will be construed to [Bugtong, Diosdado C., CSC
comprehend those things or Res. 97-0807, Jan. 28, 1997].
persons of the same class or
of the same nature as those Election contests. Adversary
specifically enumerated. proceedings by which
[Crawford, Stat. Con., p. 191; matters involving the title or
Go Tiaco v. Union Ins. claim of title to an elective
Society of Camilan, 40 Phil. office, made before or after
40; Mutuc v. COMELEC, 36 proclamation of the winner,
SCRA 228]. is settled whether or not the
contestant is claiming the
El diablo. Firecrackers office in dispute and in the
tubular in shape about 1 1/4 case of elections of
358
barangay officials, it is incandescence of the

restricted to proceedings conducting vapor. [Sec. 3,
after the proclamation of the PD 1185].
winners as no pre-
proclamation controversies Electrical engineering,
are allowed. [Taule v. practice of. A person is
Santos, GR 90336. Aug. 12, deemed to be in the practice
1991]. of electrical engineering
when he renders or offers to
Election law. A study of law, render professional electrical
rules and procedures engineering service. [Sec. 2,
involving the conduct of RA 7920].
election of all public officials
who will exercise the powers Electrical system design.
of government as allocated The choice of electrical
to and within their functions systems, including planning
and responsibilities. [Suarez, and detailing of
Pol. Law Reviewer, 1st Ed., requirements for protection,
2002, p. 2]. control, monitoring,
coordination and interlocking
Election returns. 1. A of electrical systems among
machine-generated others. [Sec. 2, RA 7920].
document showing the date
of the election, the province, Electric cooperative. A
municipality and the precinct distribution utility organized
in which it is held and the pursuant to PD 269, as
votes in figures for each amended, or as otherwise
candidate in a precinct provided under RA 9136.
directly produced by the [Sec. 4, RA 9136].
counting machine. [Sec. 2,
RA 8436]. 2. A document Electric locomotive. Power
showing the date of the plant mounted on wheels as
election, the municipality in used in the railroad
which it is held, and other transportation industry. [Sec.
data, and containing the 2, RA 7920].
votes in words and in figures
for each candidate in a Electric plant. An
precinct. [Sec. 2, RA 8046]. establishment or a system
for the production and
Electrical arc. An extremely modification of electric
hot luminous bridge formed energy. [Sec. 2, RA 7920].
by passage of an electric
current across a space Electric power industry
between two conductors or participant. Any person or
terminals due to the entity engaged in the
359
generation, transmission, providing for the recognition

distribution or supply of and use of electronic
electricity. [Sec. 4, RA 9136]. commercial and non-
commercial transactions and
Electric supply equipment. documents, penalties for
Any equipment which unlawful use thereof and for
produces, modifies, other purposes” enacted on
regulates, or controls the June 14, 2000.
supply of electric energy.
[Sec. 2, RA 7920]. Electronic data message.
Information generated, sent,
Electrofishing. 1. The use of received or stored by
electricity generated by electronic, optical or similar
batteries, electric generators means. [Sec. 5, RA 8792].
and other source of electric
power to kill, stupefy, Electronic document.
disable or render Information or the
unconscious fishery species, representation of
whether or not the same are information, data, figures,
subsequently recovered. symbols or other modes of
[Sec. 4, RA 8550]. 2. The use written expression,
of electricity generated by described or however
dry-cell batteries, electric represented, by which a
generators or other sources right is established or an
of electric power to kill, obligation extinguished, or
stupefy, disable or render by which a fact may be
unconscious fish or prove and affirmed, which is
fishery/aquatic products in receive, recorded,
both fresh and salt water transmitted, stored,
areas. [Sec. 3, PD 704]. 3. processed, retrieved or
The use of electricity produced electronically.
generated by dry cell [Sec. 5, RA 8792].
batteries, electric generators
or other source of electric Electronic key. A secret code
power to kill, stupefy, which secures and defends
disable or render sensitive information that
unconscious fish or crossover public channels
fishery/aquatic products. It into a form decipherable
shall include the use of rays only with a matching
or beams of whatever electronic key. [Sec. 5, RA
nature, form or source of 8792].
power. [Sec. 1, PD 534].
Electronic signature. Any
Electronic Commerce Act. distinctive mark,
RA 8792 entitled “An Act characteristic and/or sound
360
in electronic from, to happen, and (c) a timely

representing the identity of a relationship between the
person and attached to or first two factors. [Jurist’s
logically associated with the Legal Dict., 2004].
electronic data message or
electronic document or any Eligible. A person who
methodology or procedures obtains a passing grade in a
employed or adopted by a civil service examination or
person and executed or is granted a civil service
adopted by such person with eligibility and whose name is
the intention of entered in the register of
authenticating or approving eligibles. [Sec. 5, Chap. 1,
an electronic data message Subtitle A, EO 292; Sec. 3,
or electronic PD 807].
document. [Sec. 5, RA
8792]. El penado. Sp. Delicuente
condenado a una pena. Eng.
Eleemosynary corporation. a convict or a person already
A corporation established for sentenced by final judgment.
or devoted to charitable [Baking v. Dir. of Prisons, GR
purposes or those supported L-30364. July 28, 1969].
by charity. [De Leon, Corp.
Code of the Phil. Annotated, El que es causa de la causa
1989 Ed., p. 39]. Compare es causa del mal
with Civil corporation. causado. Sp. He who is the
cause of the cause is the
Elementary education. The cause of the evil caused.
first stage of compulsory, One is liable for all the direct
formal education primarily and natural consequences of
concerned with providing his unlawful act even if the
basic education and usually ultimate result had not been
corresponding to six or intended. (People v. Ural, GR
seven grades, including pre- L-30801, Mar. 27, 1974, 56
school programs. [Sec. 20, SCRA 138, 144].
BP 232].
Emancipation. 1. It takes
Elements of a crime. place by the attainment of
Specific factors that define a majority. Unless otherwise
crime which the prosecution provided, majority
must prove beyond a commences at the age of
reasonable doubt in order to twenty-one years.
obtain a conviction: (a) that Emancipation also takes
a crime has actually place: (a) by the marriage of
occurred, (b) that the the minor; or (b) by the
accused intended the crime recording in the Civil
361
Register of an agreement in conditions, merely possesses

a public instrument executed a contingent or expectant
by the parent exercising right of ownership over the
parental authority and the landholding. [Pagtalunan v.
minor at least eighteen Tamayo, GR 54281. Mar. 19,
years of age. Such 1990].
emancipation shall be
irrevocable. [Art. 234, FC]. 2. Embalmer. A person who
The act of freeing a person practices embalming. [Sec.
who is under the legal 89, PD 856].
authority of another (such as
a child before the age of Embalming. Preparing,
majority) from that control disinfecting and preserving a
(such as a child reaching the dead body for its final
age of majority). The term disposal. [Sec. 89, PD 856].
was also used, when slavery
was legal, to describe a Embargo. Intl. Law. 1. The
former slave that had bought detention by the state
or been given freedom from seeking redress of the
his master. [Duhaime's Legal vessels of the offending
Dict., 2004]. state or its nationals,
whether such vessels are
Emancipation patent. It found in the territory of the
constitutes conclusive former or on the high seas.
authority for the issuance of [Cruz, Intl. Law Reviewer,
an Original Certificate of 1996 Ed., p. 126]. 2. An act
Transfer, or a Transfer of international military
Certificate of Title, in the aggression where an order is
name of the grantee. made prohibiting ships or
Clearly, it is only after goods from leaving a certain
compliance with the port, city or territory and
conditions (in the certificate may be enforced by military
of land transfer under PD 27) threat of destroying any
which entitle a vehicle that attempts to
farmer/grantee to an break it or by trade
emancipation patent that he penalties. The word has also
acquires the vested right of come to refer to a legal
absolute ownership in the prohibition of trade with a
landholding — a right which certain nation or a
has become fixed and prohibition towards the use
established, and is no longer of goods or services
open to doubt or produced by or within a
controversy. At best, the certain nation. [Duhaime's
farmer/grantee, prior to Legal Dict., 2004].
compliance with these
362
Embattled area. An area confidence. Elements: (a)

such as a portion of a that personal property is
province, city or received in trust, on
municipality, where there is commission, for
actual or imminent danger of administration or under any
disorder, riot, lawless other circumstance involving
violence, rebellious or the duty to make delivery of
seditious conspiracy, or to return the same, even
insurgency, subversion or though the obligation is
other criminal activities of guaranteed by a bond; (b)
such magnitude as to greatly that there is conversion or
endanger lives and diversion of such property by
properties and set back or the person who has so
hamper the progress and received it or a denial on his
effective implementation of part that he received it; (c)
the economic, social, that such conversion,
political and other diversion or denial is to the
development and reform injury of another, and (d)
programs therein. [Sec. 1, that there be demand for the
PD 1162]. return of the property,
[Saddul v. CA, GR 91041.
Ember. a hot piece or lump Dec. 10, 1990, citing Aquino,
that remains after a material Vol. III, 1988 Ed., RPC, p.
has partially burned, and is 247].
still oxidizing without the
manifestation of flames. Emergency. 1. An unforeseen
[Sec. 3, PD 1185]. combination of
circumstances which calls
Embezzlement. Crim. Law. 1. for immediate action to
The illegal transfer of money preserve the life of a person
or property that, although or to preserve the sight of
possessed legally by the one or both eyes; the
embezzler, is diverted to the hearing of one or both ears;
embezzler personally by his or one or two limbs at or
fraudulent action. above the ankle or wrist.
[Duhaime's Legal Dict., [Sec. 1, RA 9241]. 2. A
2004]. 2. The fraudulent condition or state of a
appropriation by a person to patient wherein based on
his own use or benefit or the objective findings of a
property or money entrusted prudent medical officer on
to him by another. [Jurist’s duty for the day there is
Legal Dict., 2004]. immediate danger and
where delay in initial support
Embezzlement. Crim. Law. and treatment may cause
Also Estafa with abuse of loss of life or cause
363
permanent disability to the permanent disability of a

patient. [Sec. 2, RA 8344]. 3. patient. [Sec. 2, RA 8344].
Any event or occurrence
wherein the need for Emigrant. Any person,
supplies or property has worker or otherwise, who
become exceptionally urgent emigrates to a foreign
or absolutely indispensable country by virtue of an
and only to prevent immigrant visa or resident
imminent danger to, or loss permit or its equivalent in
of, life or property. [IRR on the country of destination.
Supply & Prop. Mgt., per Sec. [Art. 13, LC].
383, LGC].
Eminent domain, power of.
Emergency Medical and 1. The power of government
Dental Treatment Law. RA to take private property for
1054. [Expressly repealed by public use. [Benguet v. Rep.,
the Labor Code]. GR L-71412. Aug. 15, 1986].
2. The power of government
Emergency rule. Civ. Law. to take and appropriate
Under the rule, one who private property for public
suddenly finds himself in a use, which can be done only
place of danger, and is if due process is complied
required to act without time with and just compensation
to consider the best means is paid. While eminent
that may be adopted to domain and expropriation
avoid the impending danger, are usually synonymous,
is not guilty of negligence, if eminent domain refers to
he fails to adopt what the right, while expropriation
subsequently and upon refers to the process. 3.
reflection may appear to Government's right to
have been a better method, appropriate, in the nature of
unless the emergency in a compulsory sale to the
which he finds himself is State, private property for
brought about by his own public use or purpose.
negligence. [McKee v. IAC, [Moday v. CA, GR 107916.
GR 68102. July 16, 1992]. Feb. 20, 1997, citing Black's
Law Dict. 616 (4th Ed.)].
Emergency treatment and
support. Any medical or Emission. The act of passing
surgical measure within the into the atmosphere an air
capability of the hospital or contaminant, pollutant, gas
medical clinic that is stream and unwanted sound
administered by qualified from a known source. [Sec.
health care professionals to 62, PD 1152].
prevent the death or
364
Emolument. 1. The profit Employ. To suffer or permit

arising from office or to work. [Art. 97, LC].
employment; that which is
received as compensation Employee. 1. Labor. Any
for services or which is individual employed by an
annexed to the possession of employer. [Art. 97, LC]. 2.
an office, as salary, fees and Health Ins. Any person who
perquisites. [Phil. Const. performs services for an
Assoc. v. Gimenez, GR L- employer in which either or
23326. Dec. 18, 1965]. 2. A both mental and physical
legal word which refers to all efforts are used and who
wages, benefits or other receives compensation for
benefit received as such services, where there is
compensation for holding an employer-employee
some office or employment. relationship. [Sec. 1, RA
[Duhaime's Legal Dict., 9241].
2004].
Employee of den, dive or
Emotionally neglected resort. The caretaker,
children. There is emotional helper, watchman, lookout,
neglect when children are and other persons working in
maltreated, raped or the den, dive or resort,
seduced; when children are employed by the maintainer,
exploited, overworked or owner and/or operator where
made to work under any dangerous drug and/or
conditions not conducive to controlled precursor and
good health; or are made to essential chemical is
beg in the streets or public administered, delivered,
places, or when children are distributed, sold or used,
in moral danger, or exposed with or without
to gambling, prostitution and compensation, in connection
other vices. [Art. 141, PD with the operation thereof.
603]. [Sec 3, RA 9165].
Empathy. A shared feeling Employees' Compensation

between husband and wife Commission (ECC). The
experienced not only by agency created under the
having spontaneous sexual Labor Code (PD 442) to
intimacy but a deep sense of initiate, rationalize and
spiritual communion. Marital coordinate the policies of the
union is a two-way process. employees' compensation
[Ilusorio v. Ilusorio-Bildner, program. [Art. 176, LC].
GR 139789. July 19, 2001].
Employees' Compensation
Law. PD 626, as amended,
365
(which) “grants disability payment of wages; (c) power

benefits to those who suffer of dismissal; and (d) the
loss or impairment of a power to control the
physical or mental function employee's conduct. [Vallum
resulting from injury arising Security Services v. NLRC.
out of, or in the course of GR 97320-27, July 30, 1993].
employment, or from any
illness accepted as an Employer's Liability Act.
occupational disease listed Act No. 1874. [Expressly
by the ECC or any illness repealed by the Labor Code].
subject to proof that the risk
of contracting the same was Employment. 1.
increased by the claimant's Renumerative work either
working conditions. [GSIS v. for an employer or self-
CA, GR 115243. Dec. 1, employment. [Sec. 1, Rule 1,
1995]. Book 2, IRR of LC]. 2. In case
of private employers
Employer. 1. Labor. Any includes all employment or
person acting directly or work at a trade, occupation
indirectly in the interest of or profession exercised by
an employer in relation to an an employer except
employee and shall include domestic service. [Sec. 39,
the Government and all its RA 4119].
branches, subdivisions and
instrumentalities, all Empowerment. Providing
government-owned or authority, responsibility and
controlled corporations and information to people
institutions, as well as non- directly engaged in
profit private institutions or agriculture and fishery
organizations. [Art. 97, LC]. production, primarily at the
2. Health Ins. A natural or level of the farmers,
juridical person who employs fisherfolk and those engaged
the services of an employee. in food and non-food
[Sec. 1, RA 9241]. 3. Any production and processing,
parent, legal guardian or in order to give them wider
producer acting as employer choices and enable them to
who hires or engages the take advantage of the
services of any child below benefits of the agriculture
15 years of age. [Sec. 2, RA and fishery industries. [Sec.
7658]. 4, RA 8435].
Employer - employee Emptio or emtio. Lat.

relationship. Elements: (a) Purchase or the contract in
Selection and engagement which something is bought.
of the employee; (b)
366
[Duhaime's Legal Dict., disturbances of sensorium,

2004]. seizures, drowsiness,
delirium, and, rarely, coma.
Emptio res speretae. Lat. [Rase v. NLRC, GR 110637.
Sale of things having a Oct. 7, 1994].
potential existence. [Art.
1461, CC]. En concepto de dueño. Sp.
Under claim of title; adverse,
Emptio spei. Lat. Sale of as in possession. [Cuaycong
mere hope or expectancy. v. Benedicto, 37 Phil. 781].
[Art. 1461, CC].
En cuadrilla. See Band.
Enacting clause. It is that
part of the statute which Encumbrance. 1. Anything
indicates the authority which that impairs the use or
promulgated the enactment. transfer of property;
[Suarez, Stat. Con., (1993), anything which constitutes a
p. 46]. burden on the title; a burden
or charge upon property; a
Enactment. A law or a claim on lien upon property.
statute; a document which is A legal claim on an estate for
published as an enforceable the discharge of which the
set of written rules is said to estate is liable; an
be enacted. [Duhaime's embarrassment of the estate
Legal Dict., 2004]. or property so that it cannot
be disposed of without being
En banc. All the Justices of a subject to it; an estate,
court sitting together. interest, or right in lands,
Appellate courts can consist diminishing their value to
of several Justices, but often the general owner; a liability
they hear cases in panels of resting upon an estate. [Rep.
three or five Justices. If a v. CA, GR 100709. Nov. 14,
case is heard or reheard by 1997, citing Moreno, Phil.
the full court, it is heard en Law Dict., 2nd Ed., 1972, pp.
banc. [Claridades, A., 207-208]. 2. Every right to,
Compilation of Notes, 2001- or interest in, the land which
2006]. may subsist in third persons,
to the diminution of the
Encargado. See value of the land, but
Coordinator. consistent with the passing
of the fee by the
Encephalitis. The conveyance; any (act) that
inflammation of the brain impairs the use or transfer of
and its coverings (the property or real estate.
meninges) which produce [Roxas v. CA, GR 92245.
367
June 26, 1991, citing 42 CJS, areas in the country. [Sec. 5,

p. 549]. 3. Legal right to RA 9147].
hinder or impede the
transfer of ownership. Endorsement. 1. A signature
[Memo. from the Exec. Sec. on the back of the bill of
dated Aug. 20, 1998]. exchange by which the
person to whom the note is
Encumbrancer. A lien or payable transfers it by thus
mortgage holder; one who making the note payable to
has a legal claim against an the bearer or to a specific
estate. [Black’s Law Dict., person. 2. The act of a
Abr. 5th Ed. (1983), p. 274]. payee, drawee,
accommodation party, or
Encyclopedia. A book or holder of a negotiable
series of books arranged instrument in signing the
alphabetically by topics back of the instrument, with
containing information on or without qualifying words,
areas of law, including to transfer rights in the
citations to support the instrument to another. [Intl.
information. [Glossary of Law Dict. & Direct., 2004].
Legal Terms (Pro-Se), 2004]. See Rider.
Endangered rare or Endowment. The transfer of

threatened species. money or property (usually
Aquatic plants, animals, as a gift) to a public
including some varieties of organization for a specific
corals and sea shells in purpose, such as medical
danger of extinction as research or scholarships.
provided for in existing [Duhaime's Legal Dict.,
fishery laws, rules and 2004].
regulations. [Sec. 4, RA
8550]. End-user of electricity. Any
person or entity requiring
Endangered species. the supply and delivery of
Species or subspecies that is electricity for its own use.
not critically endangered but [Sec. 4, RA 9136].
whose survival in the wild is
unlikely if the causal factors Energy plantation. A
continue operating. [Sec. 5, scheme whereby fast-
RA 9147]. growing crops or trees such
as ipil-ipil are deliberately
Endemic species. Species or and systematically planted
sub-species which is in order to continuously
naturally occur-ring and provide fuel to a power
found only within specific
368
generating station located at trial court's error as to the

the site. [Sec. 2, PD 1068]. admission of evidence was
presumed to have caused
Energy projects. Activities or prejudice and therefore,
projects relative to the almost automatically
exploration, extraction, required a new trial.”
production, importation- [People v. Teehankee, GR
exportation, processing, 111206-08. Oct. 6, 1995,
transportation, marketing, citing La Fave and Israel, op
distribution, utilization, cit, p 1160]. See Harmless
conservation, stockpiling, or error.
storage of all forms of
energy products and English rule. The rule that
resources. [Sec. 3, RA 7638]. crimes committed aboard
foreign merchant vessels
Energy Regulatory Board can be tried in the courts of
(ERB). The independent, that country, unless they
quasi-judicial regulatory merely affect thing within
body created under EO 172, the vessel or they refer to
as amended. [Sec. 4, RA the internal management
9136]. thereof. [Claridades, A.,
Energy Regulatory 2006]. Compare with
Commission (ERC). The French rule.
regulatory agency created
under RA 9136. [Sec. 4, RA Enjoin. To order a person to
9136]. perform, or to abstain and
desist from performing a
Enervate. To debilitate. specified act or course of
[Moreno’s Law Dict., 2000 conduct. [Jurist’s Legal Dict.,
Ed., p. 154]. 2004].
Engaging in business. Enjoining. An order by the

Pursuing an occupation or court telling a person to stop
employment as a livelihood performing a specific act.
or source of profit and must [Glossary of Legal Terms
be a series of acts rather (Pro-Se), 2004]. See
than the doing of a single act Injunction.
pertaining to the particular
business. [Moreno’s Law Enormity of order. That
Dict., 2000 Ed., p. 154]. circumstance wherein the
supplies or property to be
English Exchequer Rule. delivered exceed the normal
Evid. A specie of a mid-1800 requirement or is out of
rule pursuant to which "a proportion to the usual
369
volume of orders. [IRR on (legislative) bill, enrolled and

Supply & Prop. Mgt., per Sec. certified by the appropriate
383, LGC]. officers, to determine if
there are any defects.
Enquiry. Pub. Intl. Law. An [Dissenting Opinion,
ascertainment of the Regalado J. in Tolentino v.
pertinent facts and issues in Sec. of Finance, GR 115525.
a dispute. [Suarez, Pol. Law Aug. 25, 1994, citing 602
Reviewer, 1st Ed., 2002, p. South Western Reporter, 2d
1077]. Series, 402-425].
Enriquecimiento torticero. Enrollment. The process to

Sp. Unjust enrichment. be determined by the Phil.
[Claridades, A., Compilation Health Ins. Corp. (PHIC) in
of Notes, 2001-2006]. order to enlist individuals as
members or dependents
Enrolled bill. A declaration covered by the National
by the two houses, through Health Insurance Program.
their presiding officers, to [Sec. 1, RA 9241].
the president, that a bill,
thus attested, has received Entity. A person or legally
in due form, the sanction of recognized organization.
the legislative branch of the [Glossary of Le-gal Terms,
government, and that it is Pro-Se Handbook, 2004].
delivered to him in
obedience to the Entrapment. 1. The
constitutional requirement employment of such ways
that all bills which pass and means for the purpose
Congress shall be presented of trapping or capturing a
to him. And when a bill, thus lawbreaker. [People v.
attested, receives his Ramos, Jr., 203 SCRA 237
approval, and is deposited in (1991)]. 2. The act of
the public archives, its inducing a person to commit
authentication as a bill that a crime so that a criminal
has passed Congress should charge will be brought
be deemed complete and against him. [Glossary of
unimpeachable. [Tolentino v. Legal Terms (Pro-Se), 2004].
Sec. of Finance, GR 115525. Compare with Instigation.
Aug. 25, 1994, citing Field v.
Clark, 143 U.S. 649, 36 L ed. Entrepreneurship. Training
294]. for self-employment or
assisting individual or small
Enrolled bill doctrine. The industries. [Art. 44, LC].
doc-trine under which a
court may not look behind a
370
Entrepreneurship training. [Glossary of Legal Terms

The training schemes to (Pro-Se), 2004].
develop persons for self-
employment or for Enucleation. The removal of
organizing, financing and/or the eye ball from the orbit
managing an enterprise. after the optic nerve and eye
[Sec. 1, Rule 1, Book 2, IRR muscles have been severed.
of LC]. [Sec. 4, DOH Admin. Order
11-95].
Entrustee. The person
having or taking possession Environment. The conditions,
of goods, documents or influences, or forces which
instruments under a trust affect the desirability and
receipt transaction, and any value of property, as well as
successor in interest of such the effect on people's lives.
person for the purpose or [Glossary of Legal Terms
purposes specified in the (Pro-Se), 2004].
trust receipt agreement.
[Sec. 3, PD 115]. Environmental compliance
certificate (ECC). The
Entruster. The person document issued by the
holding title over the goods, government agency
documents, or instruments concerned certifying that the
subject of a trust receipt project under consideration
transaction, and any will not bring about an
successor in interest of such unacceptable environmental
person. [Sec. 3, PD 115]. impact and that the
proponent has complied with
Entry. Customs Law. 1. The the requirements of the
documents filed at the environmental impact
Customs house. 2. The statement system. [Sec. 3,
submission and acceptance RA 7942].
of the documents. 3. The
procedure of passing goods Environmental impact. The
through the Customs house. alteration, to any degree, of
[Rodriguez v. CA, GR environmental conditions or
115218. Sep. 18, 1995, the creation of a new set of
citing Tariff and Customs environmental conditions,
Code, Sec. 1201]. adverse or beneficial, to be
induced or caused by a
Entry of judgment. A proposed project. [Sec. 62,
statement of conclusion PD 1152].
reached by the court and
placed in the court record. Environmental impact
statement (EIS). The
371
document which aims to responsibilities, practices,

identify, predict, interpret, procedures, processes and
and communicate re-sources for developing,
information regarding implementing, achieving,
changes in environmental reviewing and maintaining
quality associated with a the environment policy. [Sec
proposed project and which 4, RA 9275].
examines the range of
alternatives for the Environmental planner. A
objectives of the proposal person engaged in the
and their impact on the practice of environmental
environment. [Sec. 3, RA planning and duly registered
7942]. with the Board of
Environmental Planning.
Environmentally critical [Sec. 2, PD 1308].
areas. Terrestrial, aquatic
and marine areas that need Environmental planning.
special protection and Activities concerned with the
conservation measures as management and
they are ecologically fragile. development of land, as well
[Sec. 3, RA 7611]. as the preservation,
conservation, and
Environmental rehabilitation of the human
management. The entire environment. [Sec. 2, PD
system which includes, but 1308].
is not limited to,
conservation, regulation and Envoy. See Diplomat or
minimization of pollution, Ambassador.
clean production, waste
management, environmental Envoys extraordinary. See
law and policy, Ministers plenipotentiary.
environmental education
and information, study and Epilepsy. A symptom of some
mitigation of the underlying brain damage or
environmental impacts of disorder. [People v. Antonio,
human activity, and GR 107950. June 17, 1994].
environmental research.
[Sec 4, RA 9275]. Equal division rule. The
general rule that relatives in
Environmental the same degree shall
management system. The inherit in equal shares,
part of the overall subject to the following
management system that exceptions: (a) Should
includes organizational brother and sisters of the full
structure, planning activities, blood survive together with
372
brothers and sisters of the Constitution that all persons

half blood, the former shall be treated equally by the
be entitled to a share double law. [Claridades, A.,
that of the latter; (b) should Compilation of Notes, 2001-
there be more than one of 2006].
equal degree belonging to
the same line they shall Equipment. 1. All articles
divide the inheritance per needed to outfit an
capita; and (c) should they individual or organization
be of different lines but of which do not lose their
equal degree, one-half shall identify when used or
go to the paternal and the applied. The term refers to
other half to the maternal typewriters, adding
ascendants. In each line the machines, computers,
division shall be made per printers, vehicles, weapons
capita. [Arts. 962, 987 and and other similar items. [IRR
1006, CC]. on Supply & Prop. Mgt., per
Sec. 383, LGC]. 2. Those
Equality in taxation. This is articles that are not
accomplished when the necessarily so consumed,
burden of the tax falls but which may survive the
equally and impartially on all particular work and be
the persons and property further used on work of like
subject to it, so that no character. [Kilosbayan, Inc.
higher rate or greater levy in v. Morato, GR 118910. July
proportion to value is 17, 1995]. Compare with
imposed on one person or Supply.
species of property than on
others similarly situated or Equipment bonds. Corp.
of like character. [Villanueva Law. Bonds secured by a
v. City of Iloilo, GR sL-26521. mortgage or pledge on
Dec. 28, 1968, citing 84 CJS corporate movable property.
77]. [Diaz, Bus. Law Rev., 1991
Ed., p. 269].
Equal protection of the
law. 1. Const. Law. All Equipoise rule. Rem. Law.
persons or things similarly The rule that provides that
situated must be treated where the evidence of the
alike both as to the rights parties in a criminal case is
conferred and the liabilities evenly balanced, the
imposed. [Assoc. of Small constitutional presumption
Landowners v. Sec. of of innocence should tilt the
Agrarian Reform, GR 78742. scales in favor of the
July 14, 1989]. 2. The accused. [People v.
guarantee in the Philippine Benemerito, GR 120389.
373
Nov. 21, 1996, citing Phil. and unenforceable at law

Law Dict. (1991-1992 but which under well
supplement), 30]. recognized equitable
principles should and is
Equiponderance of convertible into a legal right
evidence rule. Rem. Law. or title. [Diaz, Bus. Law Rev.,
The rule which that states 1991 Ed., p. 213, citing 30
that when the scale shall CJS 401].
stand upon an equipoise and
there is nothing in the Equitable mortgage. 1. A
evidence which shall incline mortgage in which although
it to one side or the other, lacking in some formality,
the court will find for the form or words, or other
defendant. Under the said requisites demanded by a
principle, the plaintiff must statute nevertheless reveals
rely on the strength of his the intention of the parties
evidence and not on the to charge a real property as
weakness of defendant's security for a debt, and
claim. Even if the evidence contains nothing impossible
of the plaintiff may be or contrary to law. [Santos v.
stronger than that of the CA, GR 83664. Nov. 13,
defendant, there is no 1989, citing 41 CJ 303; Art.
preponderance of evidence 1602, CC). 2. One where the
on his side if such evidence intention of the parties is
is insufficient in itself to simply a security for the
establish his cause of action. fulfillment of an obligation,
[Sapu-an v. CA, Oct. 19, but lacks the formalities of a
1992, 214 SCRA 701, 705- mortgage. [Diaz, Bus. Law
706]. Rev., 1991 Ed., p. 147].
Equitable assignment. An Equitable ownership. That

instrument, bill or note made of one who has the
payable to order and beneficial ownership.
transferred without [Moreno’s Law Dict., 2000
indorsement. [Moreno’s Law Ed., p. 158]. Also Equitable
Dict., 2000 Ed., p. 156]. title.
Equitable estoppel. See Equitable taxation. Taxation

Estoppel in pais. the burden of which falls on
those better able to pay.
Equitable interest. An [Reyes v. Almanzor, GR
interest not duly recognized 49839-46. Apr. 26, 1991].
by law, but in equity alone; it Compare with Progressive
is a right or interest in taxation.
property which is imperfect
374
Equitable title. That of one equity gives a remedy where

who has the beneficial the law gives none; but
ownership. [Moreno’s Law where a particular remedy is
Dict., 2000 Ed., p. 158]. Also given by the law, and that
Equitable ownership. remedy is bounded and
circumscribed by particular
Equity. Admin. Law. The rules, it would be very
amount received by improper for the court to
government-owned or take it up where the law
controlled corporations as leaves it and to extend it
payment of capital further than the law allows.
subscriptions and generally [Phil. Rabbit Bus Lines, Inc.
capital investment of the v. Arciaga, GR L-29701. Mar.
national government in said 16, 1987, citing Pomeroy's
corporations and which form Equity Jurisp. Vol. 2 pp. 188-
part of their capitalization. 189].
[Sec. 3, EO 518].
Equity jurisdiction. The
Equity. Civ. Law. 1. Justice jurisdiction which the Court
outside law, being ethical may exercise -- where
rather than jural and specific performance
belonging to the sphere of according to the literal terms
morals than of law. It is of a contract would result in
grounded on the precepts of inequity by reason of the
conscience and not on any circumstances obtaining at
sanction of positive law. the time of judgment being
[PLDT v. NLRC, GR L-80609. significantly different from
Aug. 23, 1988]. 2. Justice those existing at the
administered according to generation of the rights
fairness; the spirit or habit of litigated -- to adjust those
fairness in dealing with other rights and, in determining
persons. [Glossary of Legal the precise relief to be
Terms (Pro-Se), 2004]. given, "balance the equities"
or the respective interests of
Equity, courts of. Courts the parties and take account
which administer a legal of the relative hardship that
remedy according to the one form of relief or another
system of equity, as may occasion to them.
distinguished from courts of [Agcaoili v. GSIS, GR L-
common law. [Jurist’s Legal 30056. Aug. 30, 1988].
Dict., 2004].
Equity of jurisdiction,
Equity follows the law. The exercise of. A situation
principle that there are where the court is called
instances in which a court of upon to decide a particular
375
situation and releases the

parties from their correlative Erectile dysfunction or
obligations but if it would impotence. Legal Med. The
result in adverse inability to initiate or
consequences to the parties maintain an erection of the
and the public, the court penis usually resulting from
would go beyond its powers vascular impairment,
to avoid the negative neurologic disorders, drugs,
consequences in the release abnormalities of the penis or
of the parties. [Albano, Rem. psychological problems that
Law Reviewer, 1st Ed., p. 4, interfere with sexual arousal.
citing Agne v. Dir. of Lands, [Olarte, Legal Med., 1st Ed.
181 SCRA 793]. (2004), p. 126].
Equity of redemption. The Ergo, res inter alios

right of the defendant judicatae nullum aliis
mortgagor to extinguish the praejudicarium faciunt.
mortgage and retain Lat. Matters adjudged in a
ownership of the property by cause do not prejudice those
paying the amount fixed in who were not parties to it.
the decision of the court [Arcelona v. CA, GR 102900.
within ninety (90) to one Oct. 2, 1997, citing Black's
hundred twenty (120) days Law Dict., 5th Ed., p. 1178].
after entry of judgment or
even after the foreclosure Erroneous appeal. An
sale but prior to its appeal taken to either the
confirmation. [Bench Book Supreme Court or the Court
for Trial Court Judges, p. 2- of Appeals by the wrong or
91, citing Sec. 2, Rule 68, inappropriate mode (which
RoC]. Compare with Right under the rules) shall be
of redemption. dismissed. [Nerves v. CSC,
GR 123561. July 31, 1997,
Equity of the incumbent. citing SC Circular 2-90].
Labor. The rule that all
existing federations and Error en la persona. See
national unions which meet Aberratio ictus.
the qualifications of a
legitimate labor organization Error in personae. Crim.
and none of the grounds for Law. Lat. Mistake in the
cancellation shall continue to identity of the victim.
maintain their existing [People v. Sabalones, GR
affiliates regardless of the 123485. Aug. 31, 1998].
nature of the industry and Compare with Aberratio
the location of the affiliates. ictus.
[Art. 240, LC].
376
Error nominis nunquam citing Regalado, Rem. Law

nocet, si de identitate rei Compendium, Vol. I, 1988
constat. Lat. A mistake in Ed.].
the name is never prejudicial
where the identity or the Errors of jurisdiction. Errors
person intended is certainly committed by a lower court
known. [Capulong v. CA, GR which are reviewable by
85790. May 9, 1990]. certiorari. [Ongsitco v. CA,
GR 121527. Mar. 29, 1996,
Error of judgment. An error citing Regalado, Rem. Law
which the court may commit Compendium, Vol. I, 1988
in the exercise of its Ed.].
jurisdiction. It is reviewable
by appeal. [Fernando v. Escalation clauses. Clauses
Vasquez, GR L-26417. Jan. in construction contracts
30, 1970]. which commonly provide for
increases in the contract
Error of jurisdiction. An price under certain specified
error that renders an order circumstances, e.g., as the
or judgment (of the court) cost of selected commodities
void or voidable. It is (cement, fuel, steel bars) or
reviewable on certiorari. the cost of living in the
[Fernando v. Vasquez, GR L- general community (as
26417. Jan. 30, 1970]. measured by, for instance,
the Consumer Price Index
Error placitandi officially published regularly
aequitatem non tollit. Lat. by the Central Bank) move
A clerical error does not take up beyond specified levels.
away equity. [Ingson v. [Baylen Corp. v. CA, GR
Olaybar, 52 Phil. 395, Dec. 4, 76787. Dec. 14, 1987].
1928].
Escalator clause. One in
Error scribentis nocere non which the contract fixes a
debit. Lat. An error made by base price but contains a
a clerk ought not to injure; a provision that in the event of
clerical error may be specified cost increases, the
corrected. [Ingson v. seller or contractor may
Olaybar, 52 Phil. 395, Dec. 4, raise the price up to a fixed
1928]. percentage of the base.
[Banco Filipino v. Del Valle,
Errors of judgment. Errors 152 SCRA 346].
committed by a lower court
which are correctible by Escape of prisoner under
appeal. [Ongsitco v. CA, GR the custody of a person
121527. Mar. 29, 1996, not a public officer. Crim.
377
Law. The felony committed or a written document (such

by any private person to as shares or a deed) until a
whom the conveyance or certain condition is met
custody or a prisoner or between the two contracting
person under arrest shall parties. 2. Money or a
have been confided, who written instrument such as a
shall commit any of the deed that, by agreement
offenses mentioned in Art. between two parties, is held
223 and 224 of the Rev. by a neutral third party (held
Penal Code. [Art. 225, RPC]. in escrow) until all conditions
of the agreement are met.
Escheat. 1. A (special) [Glossary of Legal Terms
proceeding whereby the real (Pro-Se), 2004].
and personal property of a
deceased person becomes Escrow shares. Corp. Law.
the property of the State Those deposited with a
upon his death without person to be delivered to
leaving any will or legal another upon fulfillment of a
heirs. [Mun. Council of San condition. [Diaz, Bus. Law
Pedro v. Colegio de San Jose, Rev., 1991 Ed., p. 250].
GR 45460. Feb. 25, 1938]. 2.
The reversion of property to Eskirol. Tag. Scab. [Lino v.
the State when the title Fugoso, GR L-1159. Jan. 30,
thereto fails from defect of 1947].
an heir. It is the falling of a
decedent’s estate into the Espionage. Crim. Law. The
general property of the felony committed by any
State. [Bench Book for Trial person who without
Court Judges, p. 3-2]. 3. The authority therefor, enters a
process by which a deceased warship, fort, or naval or
person's property goes to military establishment or
the state if no heir can be reservation to obtain any
found. [Glossary of Legal information, plans,
Terms (Pro-Se), 2004]. photographs, or other data
of a confidential nature
Escritura de venta relative to the defense of the
absoluta. Sp. Deed of Philippine archipelago; or
absolute sale. [Claridades, being in possession, by
A., Compilation of Notes, reason of the public office he
2001-2006]. holds, of such articles, data,
or information, discloses
Escrow. 1. When the their contents to a
performance of something is representative of a foreign
outstanding and a third nation. [Art. 117, RPC].
party holds onto the money
378
Espionage Law. CA 616

entitled “An Act to punish Estafa. Also Swindling.
espionage and other Crim. Law. The felony
offenses against the national committed by any person
security” enacted on June 4, who shall defraud another, if
1941. the fraud be committed by
any of the following means:
Essential drugs list. Also (a) With unfaithfulness or
National drug formulary. abuse of confidence; (b) by
A list of drugs prepared and means of false pretenses or
periodically updated by the fraudulent acts executed
Department of Health on the prior to or simultaneously
basis of health conditions with the com-mission of the
obtaining in the Philippines fraud; (c) through any of the
as well as on an following fraudulent means:
internationally accepted (i) by inducing another, by
criteria. It shall consist of a means of deceit, to sign any
core list and a document; (ii) by resorting
complementary list. [Sec 3, to some fraudulent practice
RA 9165]. to insure success in a
gambling game; (iii) by
Essential hypertension. removing, concealing or
Commonly used to describe destroying, in whole or in
a rise in the blood pressure part, any court record, office
of an individual when no files, document or any other
specific factor is attributed papers. [Art. 315, RPC].
to its development. [Naval v.
ECC, GR 83568. July 18, Estafa. Elements: (a) That the
1991]. accused defrauded another
(a) by abuse of confidence,
Establish. To settle or fix or (b) by means of deceit;
firmly; place on a permanent and (b) that damage or
footing. To originate and prejudice capable of
secure the permanent pecuniary estimation is
existence of, to found, to caused to the offended party
institute, to create and or third party. [People v.
regulate, as of a colony, Bautista, 241 SCRA 216,
estate or other institution or 222, Feb. 9, 1995].
to place upon a secure
foundation. [Palad v. Gov. of Estafa notes. A much abused
Quezon, GR L-24302. Aug. and trite device resorted to
18, 1972]. by money lenders to cover
their usurious lending
Established value. See activities, [Moreno’s Law
Information value. Dict., 2000 Ed., p. 161].
379
misappropriation or
Estafa through conversion or denial is to the
misappropriation. prejudice of another; (d) that
Elements: (a) That money, there is a demand made by
goods or other personal the offended party on the
property is received by the offender. [Art. 315, RPC].
offender in trust, or in See also Estafa through
commission or for misappropriation.
administration, or under any
other obligation involving Estate. 1. The totality of
the duty to make delivery of, interest which a person has
or to return, the same; (b) from absolute ownership
that there be down to naked possession.
misappropriation or [PNB v. CA, GR 118357. May
conversion of such money or 6, 1997]. 2. The property
property by the offender or and transmissible rights and
denial on his part of such obligations of a person
receipt; (c) that such existing at the time of his
misappropriation or death and those which have
conversion or denial is to the accrued thereto since the
prejudice of another; and (d) opening of the succession.
that there is a demand made [Moreno’s Law Dict., 2000
by offended party on the Ed., p. 161].
offender. [Fontanilla v.
People, GR 120949. July 5, Estate planning. the area of
1996, citing Reyes, The Rev. law that deals with planning
Penal Code, Book II, 13th Ed., for the inevitability of death,
p. 658]. See also Estafa such as obtaining life
with abuse of confidence. insurance to pay for the
costs of a funeral, preparing
Estafa with abuse of a simple Will, and other
confidence. Elements: (a) preparations. More
That money, goods, or other comprehensive planning,
personal property be such as preparing a more
received by the offender in complex Will, Trust, and
trust, or on commission, or related estate planning
for administration, or under documents may also be
any obligation involving the needed. It depends on the
duty to make delivery of, or size of the estate and how
to return, the same; (b) that comprehensive the needs
there be misappropriation or are. [LawInfo Legal
conversion of such money or Dictionary (2005)].
property by the offender, or
denial on his part of such Estate tax. Generally, a tax
receipt; (c) that such on the privilege of
380
transferring property to
others after a person's Estoppel against tenant. A
death. [Glossary of Legal tenant is not permitted to
Terms (Pro-Se), 2004]. deny the title of his landlord
at the time of the
Estimated tax. The amount commencement of the
which the individual declared relation of landlord and
as income tax in his final tenant between them. This is
adjusted and annual income a conclusive presumption.
tax return for the preceding [Sec. 2 (b), Rule 131, RoC].
taxable year minus the sum
of the credits allowed under Estoppel by conduct.
this Title against the said Requisites: (a) There must
tax. If, during the current have been a representation
taxable year, the taxpayer or concealment of materiel
reasonably expects to pay a facts; (b) the representation
bigger income tax, he shall must have been with
file an amended declaration knowledge of the facts; (c)
during any interval of the party to whom it was
installment payment dates. made must have been
[Sec. 74, NIRC, as amended]. ignorant of the truth of the
matter; and (d) it must have
Estoppel. 1. An admission or been made with the
representation which is intention that the other party
rendered conclusive upon would act upon it.
the person making it, and [Maneclang v. Baun, 208
cannot be denied or SCRA 179, at p. 192 (Apr.
disproved as against the 22, 1992)].
person relying thereon. [Art.
1431, CC]. 2. It arises when Estoppel by deed. A
one, by his acts, re- doctrine in American
presentations, or jurisprudence whereby a
admissions, or by his silence party creating an
when he ought to speak out, appearance of fact which is
intentionally or through not true is held bound by
culpable negligence induces that appearance as against
another to believe certain another person who has
facts to exist and such other acted on the faith of it.
rightfully relies and acts on [Strong v. Gutierrez Repide,
such belief, so that he will be 6 Phil. 685]. Compare with
prejudiced if the former is Estoppel in pais.
permitted to deny the
existence of such facts Estoppel by judgment. The
[Huyatid v. Huyatid, 47265- rule precluding the litigation
R, Jan. 4, 1928]. of particular issues in a
381
subsequent action on a assert; (b) intent, or at least

different cause of action. expectation, that this
[Meralco v. CA, GR L-33794. conduct shall be acted upon,
May 31, 1982, citing 46 Am or at least influenced by the
Jur 2d. pp. 563-566]. other party; and (c)
Sometimes called Estoppel knowledge, actual or
by record. constructive, of the actual
facts. [Maneclang v. Baun,
Estoppel by laches. A party 208 SCRA 179, at p. 192
can-not invoke the (Apr. 22, 1992)].
jurisdiction of a court to
secure affirmative relief Estoppel by record. See
against his opponent and, Estoppel by judgment.
after obtaining or failing to
obtain such relief, repudiate Estoppel by silence.
or question that same Estoppel (that) arises where
jurisdiction. The question a person, who by force of
whether the court had circumstances is under a
jurisdiction either of the duty to another to speak,
subject matter of the action refrains from doing so and
or of the parties was not thereby leads the other to
important in such cases believe in the existence of a
because the party is barred state of facts in reliance on
from such conduct not which he acts to his
because the judgment or prejudice. Silence may
order of the court is valid support an estoppel whether
and conclusive as an the failure to speak is
adjudication, but for the intentional or negligent.
reason that such a practice [Santiago Syjuco, Inc. v.
cannot be tolerated — Castro, GR 70403. July 7,
obviously for reasons of 1989].
public policy. [Tijam v.
Sibonghanoy, GR L-21450. Estoppel by verdict. The
Apr. 15, 1968]. effect of the former
proceeding to preclude
Estoppel by pais. Requisites: further litigation of the
(a) Conduct amounting to particular facts on which the
false representation or (court) necessarily made
concealment of material findings in the former action.
facts or at least calculated to [Meralco v. CA, GR L-33794.
convey the impression that May 31, 1982, citing 46 Am
the facts are otherwise than, Jur 2d. pp. 563-566].
and inconsistent with, those Compare with Estoppel by
which the party judgment.
subsequently attempts to
382
Estoppel doctrine. It is There must have been a

based upon the grounds of representation or
public policy, fair dealing, concealment of material
good faith and justice, and facts; (b) the representation
its purpose is to forbid one must have been made with
to speak against his own act, knowledge of the facts; (c)
representations, or the party to whom it was
commitments to the injury of made must have been
one to whom they were ignorant of the truth of the
directed and who reasonably matter; and (d) it must have
relied thereon. Said doctrine been made with the
springs from equitable intention that the other party
principles and the equities of would act upon it. [Bucoy v.
the case. It is designed to Paulino, GR L-25775. Apr.
aid the law in the 26, 1968; Art. 1437, CC].
administration of justice
where without its aid Estrada doctrine. Intl. Law.
injustice might result. [PNB 1. The doctrine that
v. CA, L-30831, Nov. 21, espouses a policy of never
1979, 94 SCRA 368]. issuing any declaration
giving recognition to
Estoppel in pais or by governments and of
conduct. Also Equitable accepting whatever
estoppel. It arises when government is in effective
one, by his acts, control without raising the
representations or issue of recognition.
admissions, or by his silence [Sandoval, Pol. Law Reviewer
when he ought to speak out, 2003]. 2. A doctrine
intentionally, or through attributed to Foreign Minister
culpable negligence, in- Genaro Estrada of Mexico.
duces another to believe [Cruz, Intl. Law Reviewer,
certain facts to exist and 1996 Ed., p. 44]. Compare
such other rightfully relies with Wilson doctrine.
and acts on such belief, so
that he will be prejudiced if Et al. An abbreviation of the
the former is permitted to Latin et alii, meaning "and
deny the existence of such others," ordinarily used in
facts. [Panay Electric v. Ca, lieu of listing all names of
GR 81939. June 29, 1989]. persons involved in a
Compare with Estoppel by proceeding. [Jurist’s Legal
deed. Dict., 2004].
Estoppel in pais or by Ethics. Of or relating to moral

conduct. Also Equitable action and conduct;
estoppel. Elements: (a) professionally right;
383
conforming to professional picklocks, false keys, deceit,

standards. [Glossary of Legal violence or intimidation, or
Terms (Pro-Se), 2004]. through connivance with
other convicts or employees
Ethnolinguistic regions. of the penal institution. [Art.
Certain geographical areas 157, RPC].
where particular groups of
people speak a common Evasion of service of
language. [Sec. 3, RA 7104]. sentence. Crim. Law.
Elements: (a) The offender is
Et seq. An abbreviation for a convict by final judgment;
the Latin et sequentes, (b) he "is serving his
meaning "and the following," sentence which consists in
ordinarily used in referring to deprivation of liberty"; and
a section of statutes. [Jurist’s (c) he evades service of
Legal Dict., 2004]. sentence by escaping during
the term of his sentence.
Euthanasia. 1. The putting to [Tanega v. Masakayan, GR L-
death, by painless method, 27191. Feb. 28, 1967, citing
of a terminally-ill or severely Reyes, Rev. Penal Code,
debilitated person through 1956 Ed., Vol. II, p. 115].
the omission (intentionally
withholding a life-saving Evasion of service of
medical procedure, also sentence on the occasion
known as Passive of disorder,
euthanasia) or commission conflagrations,
of an act (Active earthquakes, or other
euthanasia). [Duhaime's calamities. Crim. Law. The
Legal Dict., 2004]. 2. Mercy felony committed by a
killing. [Bagajo v. Marave, convict who shall evade the
GR L-33345. Nov. 20, 1978]. service of his sentence, by
leaving the penal institution
Evasion of service of where he shall have been
sentence. Crim. Law. The confined, on the occasion of
felony committed by any disorder resulting from a
convict who shall evade conflagration, earthquake,
service of his sentence by explosion, or similar
escaping during the term of catastrophe, or during a
his imprisonment by reason mutiny in which he has not
of final judgment. Such participated. [Art. 158, RPC].
evasion or escape may also
take place by means of Evasion of the law. A
unlawful entry, by breaking principle of the conflict of
doors, windows, gates, walls, laws, better known in civilian
roofs, or floors, or by using jurisdictions, which consists
384
of the intentional and object can be deposited with

improper manipulation of the court (e.g., a signed
contacts (connecting contract). This is sometimes
factors), in order to avoid called real evidence. In other
the application of the proper cases, evidence can be
law. [Tetley, Glossary of circumstantial. [Duhaime's
Conflict of Laws, 2004]. Legal Dict., 2004].
Every. Each one of a group, Evidence aliunde. Evidence

without exception. It means from outside, from another
all possible and all, taken source. In certain cases, a
one by one. [National written instrument may be
Housing Corp. v. Juco, 134 explained by evidence
SCRA 173]. aliunde, that is, by evidence
drawn from sources exterior
Eviction. 1. The act which to the instrument itself, e.g.,
deprives a person of the use the testimony of a witness to
and enjoyment of property. conversations, admissions,
[Torres, Oblig. & Cont., 2000 or preliminary negotiations.
Ed., p. 350]. 2. The judicial Evidence aliunde (i.e., from
process which takes place outside the will) may be
whenever by a final received to explain an
judgment based on a right ambiguity in a will. [Black’s
prior to the sale or an act Law Dict., Abr. 5th Ed. (1983),
imputable to the vendor, the p. 38].
vendee is deprived of the
whole or of a part of the Evidence in chief. Direct
thing purchased. [Diaz, Bus. evidence. [Moreno’s Law
Law Rev., 1991 Ed., p. 133, Dict., 2000 Ed., p. 162].
citing Art. 1548, CC].
Evident. Clear to the vision
Evidence. 1. The means, and understanding.
sanctioned by the Rules of [Moreno’s Law Dict., 2000
Court, of ascertaining in a Ed., p. 162].
judicial proceeding the truth
respecting a matter of fact. Evidentiary facts. 1. Facts
[Sec. 1, Rule 128, RoC]. 2. necessary to prove essential
Proof of fact(s) presented at or ultimate facts. [Salita v.
a trial. The best and most Magtolis, GR 106429. June
common method is by oral 13, 1994, citing Black's Law
testimony where an eye- Dict., 4th Ed.]. 2. Those facts
witness swears to tell the which are necessary for
truth and to then relate to determination of the
the court his experience. ultimate facts; they are the
Besides oral testimony, an premises upon which
385
conclusions of ultimate facts enforced by the legal system

are based. [Tantuico v. Rep., no matter how "unfair" it
GR 89114. Dec. 2, 1991, may prove to be. But a case
citing Black's Law Dict., 5th to be decided ex aequo et
Ed., p. 500]. Compare with bono, overrides the strict
Ultimate facts. rule of law and requires
instead a decision based on
Evident premeditation. what is fair and just given
Elements: (a) The time when the circumstances. [LawInfo
the accused decided to Legal Dictionary (2005)]. 2.
commit the crime; (b) an According to what is just and
overt act showing that the good. Maxim that a tribunal
accused had clung to their should decide a dispute
determination to commit the upon rules of equity rather
crime; and (c) the lapse of a upon than upon the existing
sufficient period of time rules of international law. (a)
between the decision and The International Court of
the execution of the crime, Justice will only make such a
to allow the accused to decision if instructed to do
reflect upon the so by the parties. (b) Other
consequences of the act. international tribunals
[People v. Silvestre, 244 (including the International
SCRA 479, 494-495, May 29, Labor Organization
1995]. Administrative Tribunal)
have held that they have
Ex abundanti cautela. Lat. inherent equitable powers to
With abundant caution. decide disputes. [Intl. Law
Stated in opposition to a Dict. & Direct., 2004].
court order, it is an
expression that petitioner Exaltation. Legal Med. A
takes such order with feeling of unwarranted well-
abundant abundant caution. being and happiness.
[Moreno’s Law Dict., 2000 [Olarte, Legal Med., 1st Ed.
Ed., p. 163]. (2004), p. 150].
Ex aequo et bono. Lat. 1. "In Examination. Admin. Law. 1.

justice and fairness." A civil service examination
Something to be decided ex conducted by the Civil
aequo et bono is something Service Commission and its
that is to be decided by regional offices or by other
principles of what is fair and departments or agencies
just. Most legal cases are with the assistance of the
decided on the strict rule of Commission, or in
law. For example, a contract coordination or jointly with
will be normally upheld and it, and those that it may
386
delegate to departments and of auditing, auditing being

agencies pursuant to PD more comprehensive than
807, or those that may have examination. [Moreno’s Law
been delegated by law. [Sec. Dict., 2000 Ed., p. 164].
3, PD 807]. 2 As applied to
auditing, it means "to probe Examination of debtor.
records, or inspect securities Rem. Law. Under Sec. 38,
or other documents; review Rule 39 of the Rules of
procedures, and question Court, the examination of a
persons, all for the purpose judgment debtor when the
of arriving at an opinion of execution is returned
accuracy, propriety, unsatisfied (which) is a
sufficiency, and the like." proceeding supplementary
[Arias v. Sandiganbayan, GR to execution and is entirely
81563. Dec. 19, 1989, citing statutory. They are
State Audit Code of the supplementary proceedings,
Phils., Annotated by in part a summary method of
Tantuico, 1982 Ed., p. 57]. purging the debtor’s
conscience and compelling
Examination-in-chief. Rem. the disclosure of any
Law. The questioning of one property he may have which
lawyer’s own witness under is not exempt from
oath. Witnesses are execution. [Moreno’s Law
introduced to a trial by their Dict., 2000 Ed., p. 164].
examination-in-chief, which
is when they answer Exceeds arrangements. A
questions asked by the banking phrase indicating
lawyer representing the that there was no deposit or
party which called them to arrangement with the bank
the stand. After their for the payment of the
examination-in-chief, the dishonored check. [Moreno’s
other party's lawyer can Law Dict., 2000 Ed., pp. 164-
question them too; this is 165].
called cross-examination.
[Duhaime's Legal Dict., Excellence. The efficient,
2004]. effective and innovative
delivery of relevant,
Examination of books. The functional, and quality
mathematical process of programs in teacher
verifying figures and education, training, re-
computations without in any search and community
way determining whether or service. [Sec. 2, RA 7784].
not a particular item may be
allowed. In other words, Exceptio firmat regulim in
examination is but a phase casibus non exceptis. Lat.
387
Expressed exception or Exchange. 1. An organized

exemption excludes others. market place or facility that
[Tibay v. CA, GR 119655. brings together buyers and
May 24, 1996]. sellers and executes trade of
securities and/or
Excessive expenditures. commodities. [Sec. 3, RA
Unreasonable expense or 8799]. 2. Any organization,
expenses incur-red at an association, or group of
immoderate quantity and persons which constitutes,
exorbitant price. These maintains, or provides a
include expenses which market place or facilities for
exceed what is usual or bringing together purchasers
proper as well as expenses and sellers of securities or
which are unreasonably for otherwise performing
high, and beyond just with respect to securities the
measure or amount. They functions commonly
also include expenses in performed by a stock
excess of reasonable limits. exchange as that term is
[Arriola v. COA, GR 90364. generally understood, and
Sep. 30, 1991, citing COA includes the market place
Circ. 85-55-A]. and the market facilities
maintained by such
Excessive fine. A fine that exchange. [Sec. 3, RA 2629].
exceeds the utmost limit of 3. A voluntary association or
punishment which the corporation organized for the
vindication of the law purpose of furnishing to its
demands. [US v. Valera, GR members a convenient and
8956. Feb. 4, 1914]. suitable place to transact
their business of promoting
Excess of jurisdiction. Rem. uniformity in the customs
Law. The court has and usages of merchants, of
jurisdiction but fails to inculcating principles of
comply with the conditions justice and equity in trade,
prescribed for its exercise. of facilitating the speedy
[Bench Book for Trial Court adjustment of business
Judges, p. 2-86, citing Leung disputes, of acquiring and
Ben v. O’Brien, 38 Phil. 182 disseminating valuable
(1918)]. commercial and economic
information and generally of
Excess property. A property securing to its members the
no longer needed by a benefits of co-operation in
department or an office. [IRR the furtherance of their
on Supply & Prop. Mgt., per legitimate pursuits. [Lopez,
Sec. 383, LGC]. Locsin, Ledesma & Co., Inc.

388
v. CA, GR L-41291. Dec. 8,

1988]. Exchange of notes. Intl.
Law. An informal method by
Exchange contract. See which States subscribe to a
Barter contract. certain understanding or
recognize certain obligations
Exchange control. A rule as binding upon them.
that made it illegal for Usually, formal notes are
anybody to possess or keep exchanged by ministers of
in the Philippines any form of foreign affairs acting in
money or currency other behalf of their governments.
than Philippine currency and [Coquia and Santiago, Intl.
for Filipino citizens to Law, 3rd Ed. (1998), p. 492].
possess or keep outside the
Philippines any form of Exchange rate or rate of
foreign currency. Anybody in exchange. The price, or the
the Philippines desiring to indication of the price, at
use foreign currency had to which one can sell or buy
apply to the Central Bank with one's own domestic
(now Bangko Sentral) or to currency a foreign currency
any of its duly authorized unit. Normally, the rate is
agents – licensed determined by the law of
commercial banks doing supply and demand for a
business in the Philippines – particular currency. [Gonzalo
for a license to purchase L. Manuel & Co. v. Central
foreign currency, stating in Bank, GR L-21789. Apr. 30,
his application the reason 1971, citing Dict. of Foreign
justifying his request. Trade, Henius, p. 294].
Ed., p. 165]. Exchange rate, legal. See
Legal exchange rate.
Exchange of agreement.
Intl. Law. An international Excise duty. An inland
agreement entered into impost, levied upon articles
between the executive of manufacture or sale, and
department of governments also upon licenses to pursue
concerning matters of lesser certain trades or to deal in
importance than those dealt certain commodities. [Garcia
with by treaties. Usually, v. Exec. Sec., GR 101273.
they do not require the July 3, 1992, citing Cooley,
concurrence of legislative on Taxation, p. 3].
bodies to make them
effective. [Coquia and Excise tax. A charge imposed
rd
Santiago, Intl. Law, 3 Ed. upon the performance of an
(1998), p. 493]. act, the enjoyment of a
389
privilege, or the engaging in Exclusive bargaining

an occupation. [Villanueva v. representative. Labor. Any
City of Iloilo, GR L-26521. legitimate labor organization
Dec. 28, 1968, citing 51 Am. duly recognized or certified
Jur. 61]. as the sole and exclusive
bargaining agent of all the
Exclusionary rule. 1. Const. employees in a bargaining
Law. The rule enforcing the unit. [Sec. 1, DO 09, s. 1997,
constitutional injunction amending Book V, LC].
against unreasonable
searches and seizures by Exclusive economic zone
outlawing all evidence (EEZ). 1. An area beyond
illegally seized and thereby and adjacent to the
removing the incentive on territorial sea which shall not
the part of the military and extend beyond 200 nautical
police officers to disregard miles from the baselines as
such basic rights. defined under existing laws.
[Teehankee, J., concurring [Sec. 4, RA 8550]. 2. The
and dissenting opinion, in water, sea bottom and
Nolasco v. Paño, GR L- subsurface measured from
69803. Oct. 8, 1985]. 2. the baseline of the Philippine
Rem. Law. The rule archipelago up to two
preventing illegally obtained hundred nautical miles (200
evidence to be used in any n. m.) offshore. [Sec. 3, RA
trial. [Glossary of Legal 7942]. 3. A maritime zone
Terms (Pro-Se), 2004]. 3. seaward of the territorial sea
Spec. Pro. The rule that the with an outer boundary that
court first taking cognizance may be up to 200 miles out
of the settlement of the from the territorial sea's
estate of the decedent shall baselines. Within this, a
exercise jurisdiction to the coastal state may regulate.
exclusion of all other courts. (a) nonliving resources,
[Claridades, A., Compilation including the seabed,
of Notes, 2001-2006]. subsoil, and superjacent
waters; (b) living resources,
Exclusive. Possessed to the including fish, crustaceans,
exclusion of others; and plants; (c) other
appertaining to the subject economic resources, such as
alone, not including, the production of energy
admitting or pertaining to from the water, currents,
another or others, undivided, and winds; (d) artificial
sole. [Tolentino v. Sec. of islands, installations, and
Finance, GR 115455. Aug. structures; (e) marine
25, 1994]. scientific research; and (f)

390
pollution control. [Intl. Law the marriage by gratuitous

Dict. & Direct., 2004]. title; (c) that which is
acquired by right of
Exclusive jurisdiction. It redemption, by barter or by
precludes the idea of co- exchange with property
existence and refers to belonging to only one of the
jurisdiction possessed to the spouses; and (d) that which
exclusion of others. [Ong v. is purchased with exclusive
Parel, GR 76710. Dec. 21, money of the wife or of the
1987, citing Black's Law husband. [Art. 109, FC].
Dict., pp. 673 and 1251].
Exclusive sand and gravel
Exclusively. 1. Apart from all permit. The permit granted
others; only; solely; by the provincial governor to
substantially all or for the any qualified person to
greater part. To the quarry and utilize sand and
exclusion of all others; gravel or other loose or
without admission of others unconsolidated materials
to participation; in a manner from public lands for his own
of exclude. [Tolentino v. Sec. use, provided that there will
of Finance, GR 115455. Aug. be no commercial disposition
25, 1994]. 2. In an exclusive thereof. [Sec. 48, RA 7942].
manner, to the exclusion of
all others; only; as, it is his, Ex contractu. Lat. Arising
exclusively. [Webster's New from a contract. [Jurist’s
Intl. Dict. (3rd Ed., 1986)]. Legal Dict., 2004]. Compare
with Ex delicto.
Exclusive possession.
Possession when the Exculpate. To excuse or
adverse possessor can show justify a wrong action.
exclusive dominion over the [Duhaime's Legal Dict.,
land and an appropriation of 2004].
it to his own use and benefit.
[Dir. of Lands v. IAC, GR Excusable neglect. Failure
68946. May 22, 1992, citing to take the proper steps at
Black's Law Dict., 5th Ed., the proper time, not in
507]. consequence of a party’s
own carelessness,
Exclusive property of each inattention, or willful
spouse. The following shall disregard of the unavoidable
be the exclusive property of hindrance on the care and
each spouse: (a) That which vigilance of his counsel or on
is brought to the marriage as promises made by the
his or her own; (b) that adverse party. [Albano, Rem.
which each acquires during Law Reviewer, 1st Ed., p.
391
340, citing Black’s Law Dict., Execute a contract. Civ.

5th Ed., p. 508]. Law. The ordinary or
dictionary meaning of the
Excussion. Previous term is or includes: to put
exhaustion of the property of into effect; carry out fully
the debtor. [Art. 2059, CC]. and completely; perform,
effect; to give effect to; do
Excussion, exceptions to what is provided or required;
benefits of. The guarantor perform the requirements of;
is not entitled to the benefits perform the acts necessary
of excussion (a) if he has to the effectiveness of;
expressly renounced it; (b) if complete; perform what is
he has bound himself required to give validity to
solidarily with the debtor; (c) (as by signing and perhaps
in case of insolvency of the sealing and delivering).
debtor; (d) when he has [Eastern Assurance & Surety
absconded, or cannot be Corp. v. IAC, GR 69450. Nov.
sued within the Philippines 22, 1989].
unless he has left a manager
or representative; (e) if it Executed. Civ. Law. It means
may be presumed that an that all the terms of the
execution on the property of contract have been fulfilled.
the principal debtor would [Torres, Oblig. & Cont., 2000
not result in the satisfaction Ed., p. 350]. Compare with
of the obligation. [Art. 2059, Executory.
CC].
Execution. Civ. Law. The
Ex delicto. Lat. Arising from a term is understood ordinarily
wrong, breach of duty. and literally as referring to
[Jurist’s Legal Dict., 2004]. both the act or process of
Compare with Ex executing; performance,
contractu. accomplishment, and, the
act of signing, sealing, and
Ex die. Lat. A term with a delivering a legal instrument
suspensive effect, from a or giving it the forms
certain day. [PCIB v. Excolin, required to make it valid.
GR L-27860 & L-27896. Mar. Thus, the ordinary meaning
29, 1974]. Compare with In of execution is not limited to
diem. the signing or concluding of
a contract but includes as
Execute. To complete; to well the performance or
sign; to carry out according implementation or
to its terms. [Glossary of accomplishment of the
Legal Terms (Pro-Se), 2004]. terms and conditions of such
contract. [Eastern Assurance
392
& Surety Corp. v. IAC, GR proved and Loss of the

69450. Nov. 22, 1989]. instrument; how shown.
Execution. Rem. Law. 1. The Execution of deeds by

accomplishment of a thing; means of violence or
the completion of an act or intimidation. The offense
instrument; the fulfillment of committed by any person
an undertaking. [Francisco, who, with intent to defraud
Evidence, Vol. VII, Part 1, another, by means of
1997 Ed., p. 155]. 2. The violence or intimidation,
process which carries into shall compel him to sign,
effect a decree or judgment. execute or deliver any public
[PAL v. CA, GR 49188. Jan. instrument or documents.
30, 1990, citing Black's Law [Art. 298, RPC].
Dict.].
Execution of judgment
Execution as a matter of pending appeal. See
right. See Ministerial Discretionary execution.
execution.
Execution of judgment
Execution and delivery of pending appeal. Requisites
the document; by whom for the valid exercise of the
established. The execution discretion: (a) There must be
and delivery of the a motion by the prevailing
document may be party with notice to the
established: (a) by the adverse party; (b) there
person or persons who must be a good reason for
executed it; (b) by the execution pending appeal;
person before whom its and (c) the good reason
execution was must be stated in a special
acknowledged; (c) by any order. [Eng’g Const’n v.
person who was present and Napocor, 163 SCRA 9, 15-16
saw it executed and [1988]; Eudela v. CA, supra
delivered; (d) by any person note 36, at 551].
who, after its execution and
delivery, saw it and Execution of judgments;
recognized the signatures; or when stayed. The court
(e) by a person to whom the would invariably stay
parties to the instrument execution of judgments: (a)
had previously confessed the when certain facts and
execution thereof. [E. circumstances transpire or
Michael & Co. v. Enriquez, supervene after the
GR 10824. Dec. 24, 1915]. judgment has become final
See also Destruction of which could render the
the instrument; how execution of the judgment
393
unjust; (b) when there has Executive committee. A

been a change in the committee created under
situation of the parties which the by-laws of a corporation
make such execution composed of not less than
inequitable or would render three members of the board
the execution of the of directors, to be appointed
judgment unjust; (c) when it by such board, which may
appears that the controversy act, by majority vote of all its
had never been submitted to members, on such specific
the judgment of the court; matters within the
(d) when it appears that the competence of the board, as
writ has been issued may be delegated to it in the
improvidently or without by-laws or on a majority vote
authority or against the of the board, except with
wrong party; (e) that the respect to: (a) approval of
judgment debt has been any action for which
paid or otherwise satisfied; shareholders' approval is
or (f) where it becomes also required; (b) the filing of
imperative, in the higher vacancies in the board; (c)
interests of justice, to direct the amendment or repeal of
its modification in order to by-laws or the adoption of
harmonize the disposition new by-laws; (d) the
with the prevailing amendment or repeal of any
circumstances. [Ortegas v. resolution of the board which
Hidalgo, GR 80140. June 28, by its express terms is not so
1991]. amendable or repealable;
and (e) a distribution of cash
Execution, writ of. See Writ dividends to the
of Execution. shareholders. [Sec. 35, Corp.
Code].
Executive agreement. A
treaty or international Executive construction. The
agreement entered into by a construction and
state's executive without interpretation of laws or
following the state's statutes by the various
constitutionally required executive heads of the
ratification procedure. It is various departments of the
not effective domestically. government. [Suarez, Pol.
[Intl. Law Dict. & Direct., Law Reviewer, 1st Ed., 2002,
2004]. pp. 9, citing Govt. v. Mun. of
Binalonan, 32 Phil. 634].
Executive clemency. See
Clemency. Executive judge. The
presiding or administrative
judge in a court. [Claridades,
394
A., Compilation of Notes, Oblig. & Cont., 2000 Ed., p.

2001-2006]. 350]. Compare with
Executed.
Executive power. Pol. Law.
The power to enforce and Executory contract. A
administer the laws. It is the contract where no
power of carrying the laws performance has yet been
into practical operation and made. [Moreno’s Law Dict.,
enforcing their due 2000 Ed., p. 167].
observance. [Ople v. Torres,
GR 127685. July 23, 1998, Exemplary or corrective
citing Cruz, Phil. Pol. Law, p. damages. 1. These are
173 (1996) and Tañada and imposed, by way of example
Carreon, Pol. Law of the or correction for the public
Phils., vol. 1, p. 275 (1961)]. good, in addition to the
moral, temperate, liquidated
Executor. 1. The person or compensatory damages.
named in the will who is [Art. 2229, CC]. 2. Damages
entrusted to implement its which are given in
provisions. But the executor enhancement merely of the
needs to be issued letters ordinary damages on
testamentary after the court account of wanton, reckless,
determines his or her malicious or oppressive
qualifications. A lady character of the acts
executor is called executrix. complained of. Such
[Bench Book for Trial Court damages go beyond the
Judges, p. 3-2]. 2. A person actual damages suffered in
specifically appointed by a the case; they are allowed as
testator to administer the a punishment of the
will ensuring that final defendant as a deterrent to
wishes are respected (i.e., others. The terms
that the will is properly exemplary, punitive and
executed). An executor is a vindictive damages are used
personal representative. interchangeably. [Torres,
[Duhaime's Legal Dict., Oblig. & Cont., 2000 Ed., p.
2004]. 3. A personal 335].
representative, named in a
will, who administers an Exempting circumstances.
estate. [Glossary of Legal Those circumstances
Terms (Pro-Se), 2004]. wherein there is an absence
in the agent of the crime any
Executory. It means that or all of the conditions that
some provisions of the would make an act voluntary
contract still have to be and hence, although there is
complied with. [Torres, no criminal liability, there is
395
civil liability. [Gregorio, Fund. v. Abad, GR 85502. Feb. 24,

of Crim. Law Rev., 1997 9th 1992].
Ed., p. 51].
Exhaustion of
Exemption from taxation. administrative remedies.
See Tax exemption. Exceptions: (a) When the
question raised is purely
Exequatur. From Lat. exequi: legal; (b) when the
to perform or to execute. 1. administrative body is in
Hearing to determine if a estoppel; (c) when the act
foreign judgment should be complained of is patently
recognized and enforced illegal; (d) when there is
locally. [Intl. Law Dict. & urgent need for judicial
Direct., 2004]. 2. The intervention; (e) when the
permission given the consuls claim involved is small; (f)
by the receiving state to when irreparable damage
perform their functions will be suffered; (g) when
therein. [Cruz, Intl. Law there is no other plain,
Reviewer, 1996 Ed., p. 90]. speedy and adequate
Compare with Letter remedy; (h) when strong
patent. public interest is involved; (i)
when the subject of the
Ex filio. Sp. Of the son. controversy is private land;
[Barretto v. Tuason, GR and (j) in quo warranto
23923. Mar. 23, 1926]. proceedings.
Exhaustion doctrine. Exhaustion of remedies.

Doctrine that holds that, Intl. Law. Before suit may be
once a copy of a copyrighted brought against a state in an
work is in circulation, the international tribunal on
author has no further right to behalf of a private person,
control its distribution. [Intl. the private person must first
Law Dict. & Direct., 2004]. seek to obtain relief from
that state. [Intl. Law Dict. &
Exhaustion of Direct., 2004].
administrative remedies
doctrine. Resort to the Exhaustion of rights
appropriate administrative doctrine. Doctrine that
authorities in the resolution holds that, once a good
of a controversy falling made or sold under license is
under their jurisdiction in circulation, the licensor
before the same may be has no further right to
elevated to the courts of control its distribution. [Intl.
justice for review. [Sunville Law Dict. & Direct., 2004].

396
Exhibitionism. Also Exigencies of the service.

Indecent exposure. Legal Admin. Law. The urgency or
Med. The willful exposure in demand for the work
public places of one’s genital performed by a government
in the presence of other officer. [Moreno’s Law Dict.,
persons, usually the opposite 2000 Ed., p. 168].
sex. [Olarte, Legal Med., 1st
Ed. (2004), p. 118]. Existing mining right.
Perfected and subsisting
Exhibits. Evid. 1. Documents claim, lease, license or
or objects shown to the court permit covering a
as evidence in a trial. They mineralized area prior to its
are each given a number or declaration as a people's
letter by the clerk of court as small-scale mining area.
they are introduced for [Sec. 3, RA 7076].
future reference during the
trial. Except with special Existing mining or
permission of the court, quarrying right. A valid
exhibits are placed in the and subsisting mining claim
custody of the court until the or permit or quarry permit or
trial is over. 2. Documents or any mining lease contract or
other items introduced as agreement covering a
evidence during a trial or mineralized area
hearing. [Glossary of Legal granted/issued under
Terms (Pro-Se), 2004]. pertinent mining laws. [Sec.
3, RA 7942].
Exhumation. See
Disinterment. Ex mero motu. Lat. Of his
own mere motion; of his own
Exigencies or Exigency. In a accord; voluntarily and
broad sense, the demands or without prompting or
requirements inherent in a request. [Black’s Law Dict.,
given situation. In a strict Abr. 5th Ed. (1983), p. 296].
sense, a state of being
urgent; a situation which Ex nihilo, nihilo fit. Lat.
demands immediate From nothing, nothing
attention and prompt comes. [Moreno’s Law Dict.,
solution; an emergency. 2000 Ed., p. 163].
Such need or necessity as
belongs to the occasion; Ex-officio. Lat. From office;
demands, requirements – By virtue of office. 1. An
usually used in plural. authority derived from
[Moreno’s Law Dict., 2000 official character merely, not
Ed., p. 168]. expressly conferred upon
the individual character, but
397
rather annexed to the official naturally occur in the

position. 2. An act done in an country. [Sec. 5, RA 9147].
official character, or as a
consequence of office, and Ex pacto illicito non oritur
without any other actio. Lat. No action arises
appointment or authority out of an illicit bargain. [Lita
than that conferred by the Enterprises, Inc. v. IAC, GR L-
office. [Civil Liberties Union 64693. Apr. 27, 1984].
v. Exec. Sec., GR 83896.
Feb. 22, 1991, citing Black's Ex parte. Lat. For one party
Law Dict., p. 516; 15A Words only. 1. An application to the
& Phrases, p. 392]. court made by one litigant
without notice to the other.
Ex-officio member of a [Torres, Oblig. & Cont., 2000
board. One who is a Ed., p. 350]. 2. When a
member by virtue of his title defendant is declared in
to a certain office, and default (for failure to file
without further warrant or answers), or considered as in
appointment. [Civil Liberties default (for failure to appear
Union v. Exec. Sec., GR at the pre-trial), the Court
83896. Feb. 22, 1991, citing may now authorize the Clerk
15A Words and Phrases, p. of Court to receive evidence
392]. ex-parte. [Sec. F, 1, of the
Manual for Clerks of Court
Exonerate. 1. To exculpate, (pp. 75-76), as amended]. 3.
to relieve. [Clemente v. COA, On behalf of only one party,
GR L-47793. Mar. 20, 1984, without notice to any other
citing 35 CJS, p. 227]. To party. For example, a
clear from accusation or request for a search warrant
blame. [Ibid., citing Webster, is an ex parte proceeding,
3rd New Intl. Dict. of the Engl. since the person subject to
Lang.]. The word may imply the search is not notified of
complete clearance not only the proceeding and is not
from immediate charge or present at the hearing.
accusation but from [Glossary of Legal Terms
suspicion or attendant (Pro-Se), 2004].
denigration. [Ibid.]. 2.
Removal of a charge, Ex parte motion. See
responsibility, or duty. Motion ex parte.
(Pro-Se), 2004]. Ex-parte proceeding. Rem.
Law. A judicial proceeding
Exotic species. Species or brought for the benefit of
subspecies which do not one party only, and without
notice to, or consent by any
398
person adversely interested repair or complete other

or a proceeding wherein articles and which thereby
relief is granted without an lose their identity in the
opportunity for the person process. [IRR on Supply &
against whom the relief is Prop. Mgt., per Sec. 383,
sought to be heard. [GSIS v. LGC].
CA, GR 42278. Jan. 20,
1989]. Expenditure. 1. Payment.
[15A Words & Phrases 414,
Expatriate. A person who has citing People v Kane 61
abandoned his country of N.Y.S. 195, 43 App Div 472].
origin and citizenship and 2. The spending of money;
has become a subject or the act of expending;
citizen of another country. disbursement expense;
[Duhaime's Legal Dict., money expended; a laying
2004]. out of money; payment.
[15A Words & Phrases 414,
Expatriation. The voluntary citing Crow v Board of
act of abandoning Supv'rs of Stanislaus County,
citizenship of one’s country, 27 P2d 655, 135 Cal App
and becoming the citizen or 451].
subject of another. [Black’s
Law Dict., Abr. 5th Ed. (1983), Expenses for pure luxury
p. 1]. or mere pleasure.
Expenses which shall not be
Expected results. The refunded to the possessor in
services, products, or good faith who he may
benefits that shall accrue to remove the ornaments with
the public, estimated in which he has embellished
terms of performance the principal thing if it
measures or physical suffers no injury thereby,
targets. [Sec. 306, LGC]. and if his successor in the
possession does not prefer
Expediente. Sp. Record (of to refund the amount
the case or proceeding). expended. [Art. 548, CC].
[Tambunting v. Tambunting
de Oliveros, GR 10365. Sep. Experimental farms.
29, 1915]. Agricultural land utilized by a
business or corporation to
Expendable supplies. conduct studies, tests,
Articles which are consumed researches or experiments
in use, such as ammunition, involving agricultural,
fuel, forage, drugs, agribusiness, marine, or
medicines, and such spare aquatic, livestock, poultry,
or repair parts as are used to dairy and other similar
399
products for the purpose of 227 citing People v. Santos,

improving the quality and 65 OG 7472].
quantity of goods or
products. [Art. 243, IRR, Expiration of the term.
LGC]. Admin. Law. In the law of
public officers, a method of
Expert. One possessing in terminating official relations.
regard to a particular object [Achacoso v. Macaraig, GR
or department of human 93023. Mar. 13, 1991].
activity, knowledge not
usually acquired by other Expiry or expiration date.
persons [US v. Gil, 13 Phil. The date stated on the label
530]. of food, drug, cosmetic,
device or hazardous
Expert evidence. The substance after which they
testimony of one possessing are not expected to retain
in regard to a particular their claimed safety, efficacy
subject or department of and quality or potency and
human activity, knowledge after which it is no longer
not usually acquired by other permissible to sell them.
persons. [Francisco, [Art. 4, RA 7394].
Evidence, Vol. VII, Part 1,
1997 Ed., p. 9]. Exploitation. 1. The actual
extraction, gathering and
Expert testimony. collection in accordance with
Testimony given in relation acceptable coral
to some scientific, technical development and
or professional matter by conservation practices. [Sec.
experts, i.e., person qualified 3, PD 1219]. 2. The
to speak authoritatively by extraction and utilization of
reason of their special mineral deposits. [Sec. 2, PD
training, skill or familiarity 463].
with the subject. [Jurist’s
Legal Dict., 2004]. Exploitation concession. A
concession which grants to
Expert witness. One who the concessionaire the
belongs to the profession or exclusive right to develop
calling to which the subject petroleum production within
matter of the inquiry relates the specified areas. [Art. 10,
and who possesses special RA 387].
knowledge as to the very
question on which he Exploitation of child labor.
proposes to express an Crim. Law. The felony
opinion. [Phil. Law Dict., p. committed by anyone who,
under the pretext of
400
reimbursing himself of a person who shall induce any

debt incurred by an child under sixteen years of
ascendant, guardian or age to abandon the home of
person entrusted with the its ascendants, guardians,
custody of a minor, shall, curators, or teachers to
against the latter's will, follow any person engaged
retain him in his service. in any of the callings
[Art. 273, RPC]. mentioned in number 2
hereof, or to accompany any
Exploitation of minors. habitual vagrant or beggar.
Crim. Law. The felony [Art. 278, RPC].
committed by: 1. any person
who shall cause any boy or Exploited infant or child.
girl under sixteen years of An infant or child 8 years
age to perform any and below who is used in
dangerous feat of balancing, begging or one who
physical strength, or accompanies a habitual
contortion; 2. any person vagrant or beggar. [Sec. 3,
who, being an acrobat, PD 1563].
gymnast, rope-walker, diver,
wild-animal tamer or circus Exploration. 1. The searching
manager or engaged in a or prospecting for mineral
similar calling, shall employ resources by geological,
in exhibitions of these kinds geochemical or geophysical
children under sixteen years surveys, remote sensing,
of age who are not his test pitting, trending,
children or descendants; 3. drilling, shaft sinking,
any person engaged in any tunneling, or any other
of the callings enumerated in means for the purpose of
the preceding number who determining the existence,
shall employ any descendant extent, quantity and quality
of his under twelve years of thereof and the feasibility of
age in such dangerous mining them for profit. [Sec.
exhibitions; 4. any 3, RA 7942]. 2. The
ascendant, guardian, examination and
teacher or person entrusted investigation of lands
in any capacity with the care supposed to contain
of a child under sixteen valuable minerals, by
years of age, who shall drilling, trenching, shaft
deliver such child sinking, tunneling, test
gratuitously to any person pitting and other means, for
following any of the callings the purpose of probing the
enumerated in number 2 presence of mineral deposits
hereof, or to any habitual and the extent thereof. [Sec.
vagrant or beggar; or 5. any 2, PD 463].
401
Export. To bring out of the

Exploration concession. A Philippines by sea, land or
concession which grants to air. [Sec. 6, EO 175, May 22,
the concessionaire the 1987].
exclusive right to explore for
petroleum within specified Export Development Act of
areas. [Art. 10, RA 387]. 1994. RA 7844 entitled “An
Act to develop exports as a
Exploration expenditures. key towards the
Expenditures paid or achievement of the national
incurred for the purpose of goals towards the year
ascertaining the existence, 2000” enacted on Dec. 21,
location, extent, or quality of 1994.
any deposit of ore or other
mineral, and paid or incurred Exporter. Any person, natural
before the beginning of the or juridical, licensed to do
development stage of the business in the Philippines,
mine or deposit. [Sec. 34, engaged directly or
NIRC, as amended]. indirectly in the production,
manufacture or trade of
Exploration permit. The products or services which
permit granted by the Mines earns at least fifty percent
and Geosciences Bureau to a (50%) of its normal
qualified person for the right operating revenues from the
to conduct exploration for all sale of its products or
minerals in specified areas. services abroad for foreign
[Sec. 20, RA 7942]. currency. [Sec. 4, RA 7844].
Explosive. Any substance, Export fees. The total foreign

either solid or liquid, mixture exchange which is charged
or single compound, which or received by a registered
by chemical reaction service exporter for
liberates heat and gas at furnishing or performing
high speed and causes services, or permitting the
tremendous pressure showing or playing, outside
resulting in explosion. The of the Philippines, of
term shall include but not television or motion pictures
limited to dynamites, or musical recordings. [Sec.
firecrackers, blasting caps, 3, RA 6135].
black powders, bursters,
percussions, cartridges and Export incentives. Support
other explosive materials, measures provided by the
except bullets for firearm. government to exporters to
[Sec. 5, RA 6235]. encourage investment in the
export sector, create a freer
402
trade environment and information; organization of

motivate exporters to trade fairs and missions;
increase export sales and provision of advisory
perform competitively in the services; conduct of
export market. [Sec. 4, RA seminars, lectures,
7844]. workshops, conferences and
training on export-related
Export permit. A permit subjects; publication of
authorizing an individual to export-related documents;
bring out wildlife from the handling of quality
Philippines to any other standards, product design
country. [Sec. 5, RA 9147]. and such other activities
aimed at promoting existing
Export processing zone exports, especially those
(EPZ). 1. A specialized meant to reinforce and
industrial estate located improve the position of
physically and/or Philippine export products in
administratively outside specific foreign markets,
customs territory, principally being those
predominantly oriented to activities necessary for the
export production. implementation of the
Enterprises located in export Philippine Export
processing zones are Development Plan. [Sec. 4,
allowed to import capital RA 7844].
equipment and raw
materials free from duties, Export sales. It means: (a)
taxes and other import The sale and actual
restrictions. [Sec. 4, RA shipment of goods from the
7916]. 2. A free zone in Philippines to a foreign
which manufacturing country, irrespective of any
facilities allowed to process shipping arrangement that
foreign goods and materials may be agreed upon which
for export without paying may influence or determine
tariffs or duties either when the transfer of ownership of
the goods or materials are the goods so exported and
imported or exported. [Intl. paid for in acceptable
Law Dict. & Direct., 2004]. foreign currency or its
equivalent in goods or
Export promotion. A range services, and accounted for
of export activities which the in accordance with the rules
public and private sectors and regulations of the
undertake, such as Bangko Sentral ng Pilipinas
networking, especially in (BSP); (b) Sale of raw
export support services and materials or packaging
the provision of trade/market materials to a nonresident
403
buyer for delivery to a marketing or other services.

resident local export- [Sec. 3, RA 6424].
oriented enterprise to be
used in manufacturing, Ex post facto. Const. Law.
processing, packing or Lat. After the fact. A law
repacking in the Philippines which: (a) makes criminal an
of the said buyer's goods act done before the passage
and paid for in acceptable of the law and which was
foreign currency and innocent when done, and
accounted for in accordance punishes such an act; (b)
with the rules and aggravates a crime, or
regulations of the Bangko makes it greater than it was,
Sentral ng Pilipinas (BSP); (c) when committed; (c)
Sale of raw materials or changes the punishment and
packaging materials to inflicts a greater punishment
export-oriented enterprise than the law annexed to the
whose export sales exceed crime when committed; (d)
seventy percent (70%) of alters the legal rules of
total annual production; (d) evidence, and authorizes
Sale of gold to the Bangko conviction upon less or
Sentral ng Pilipinas (BSP); different testimony than the
and (e) Those considered law required at the time of
export sales under EO 226, the commission of the
otherwise known as the offense; (e) assuming to
Omnibus Investment Code of regulate civil rights and
1987, and other special laws. remedies only, in effect
[Sec. 105, NIRC, as imposes penalty or
amended]. deprivation of a right for
something which when done
Export transaction. Any was lawful; and (f) deprives
transaction involving: (a) the a person accused of a crime
export of goods out of the of some lawful protection to
Philippines; (b) the which he has become
manufacture, treatment or entitled, such as the
servicing of goods for, or the protection of a former
sale or leasing of goods to a conviction or acquittal, or a
foreign customer; (c) the proclamation of amnesty. [In
sale or licensing of any right re: Kay Villegas Kami, L-
in a patent, trademark, or 32485, Oct. 22, 1970].
copyright to a foreign
customer; or (d) the Ex post facto law. Const.
rendering to a foreign Law. A law passed after the
customer of any managerial, occurrence of a fact or
construction, technological, commission of an act, which
retrospectively changes the
404
legal consequences or Ex post facto law. Const.

relations of such fact or Law. Requisites: The law
deed. It is a law which must: (a) refer to criminal
provides for the infliction of matters; (b) be retroactive in
punishment upon a person its application; and (c) to the
for an act done which, when prejudice of the accused.
it was committed, was [Cruz, Const. Law, 1989 Ed.,
innocent; a law which p. 244].
aggravates a crime or makes
it greater than when it was Express acceptance of the
committed; a law that inheritance. An acceptance
changes the punishment or of the inheritance which
inflicts a greater punishment must be made in a public or
than the law annexed to the private document. [Art.
crime when it was 1049, CC].
committed; a law that
changes the rules of Express consent. The
evidence and receives less authority expressly granted
or different testimony than by a law to sue the state or
was required at the time of any of its agencies. [Suarez,
the commission of the Pol. Law Reviewer, 1st Ed.,
offense in order to convict 2002, p. 37]. Compare with
the offender; a law which, Implied consent.
assuming to regulate civil
rights and remedies only, in Expressed breast milk. The
effect imposes a penalty or human milk which has been
the deprivation of a right extracted from the breast by
which, when done, was hand or by breast pump. It
lawful; a law which deprives can be fed to an infant using
persons accused of crime of a dropper, a nasogatric tube,
some lawful protection to a cup and spoon, or a bottle.
which they have become [Sec. 3, RA 7600].
entitled, such as the
protection of a former Expressio unius est
conviction or acquittal, or of exclusio alterius. Lat.
the proclamation of Express mention is implied
amnesty; every law which, in exclusion. [Rep. v. Estenzo,
relation to the offense or its GR L-35376. Sep. 11, 1980].
consequences, alters the
situation of a person to his Express malice. See Malice
disadvantage. [People v. in fact.
Sandiganbayan, GR 101724.
July 3, 1992, citing Black's Express pardon. There is
Law Dict., 5th Ed., p. 520]. express pardon when the
offended party in writing or
405
in an affidavit asserts that intention to create a trust.

he or she is pardoning his or [O'laco v. Co Cho Chit, GR
her erring spouse and 58010. Mar. 31, 1993].
paramour for their Compare with Implied
adulterous act this is a case trusts.
of express pardon. [Ligtas v.
CA, GR L-47498. May 7, Express warranty. 1. Civ.
1987, citing People v. Law. Any affirmation of fact
Mendez (CA) OG 1909]. or any promise by the seller
Compare with Implied relating to the thing the
pardon. natural tendency of which is
to induce the buyer to
Express prohibition. That purchase the same, and the
which is directly or distinctly buyer relying thereon
stated, i.e., prohibited, not purchases the thing. [Art.
merely implied or left to 1546, CC]. 2. Ins. A
inference. [Moreno’s Law statement in a policy of
Dict., 2000 Ed., p. 169]. matter relating to the person
or thing insured, or to the
Express repeal. A repeal of a risk, as a fact. [Sec. 71, IC].
law by incorporating therein
a repealing provision which Expromission. 1. A form of
expressly and specifically novation wherein the
cites the particular law or initiative for the change does
laws, and portions thereof, not come from the debtor
that are intended to be and may even be made
repealed. A declaration in a without his knowledge, since
statute, usually in its it consists in a third person
repealing clause, that a assuming the obligation. As
particular and specific law, such, it logically requires the
identified by its number or consent of the third person
title, is repealed. [Mecano v. and the creditor. [De Cortes
COA, GR 103982. Dec. 11, v. Venturanza, GR L-26058.
1992]. Compare with Oct. 28, 1977]. 2. A form of
Implied repeal. novation by which a creditor
accepts a new debtor who
Express trusts. 1. Trusts that becomes bound in place of
are created by the intention the old debtor, the latter
of the trustor or of the being released. [Torres,
parties. [Art. 1441, CC]. 2. Oblig. & Cont., 2000 Ed., p.
Those trusts which are 350]. Compare with
created by the direct and Delegacion.
positive acts of the parties,
by some writing or deed, or Expropriation. From Lat. ex:
will, or by words evincing an from; and proprius: one's
406
own. 1. A taking of privately the proceedings before the

owned property by a Trial Court, no objection to
government. [Intl. Law Dict. the exercise of the right of
& Direct., 2004]. 2. The condemnation (or the
forced sale of land to a propriety thereof) shall be
public authority. [Duhaime's filed or heard. The second
Legal Dict., 2004]. phase of the eminent
Synonymous to the domain action is concerned
Doctrine of eminent with the determination by
domain. the Court of the just
compensation for the
Expropriation, stages in an property sought to be taken.
action of. There are two (2) [Mun. of Biñan v. Garcia, GR
stages in every action of 69260. Dec. 22, 1989].
expropriation. The first is
concerned with the Expulsion. Crim. Law. The
determination of the felony committed by any
authority of the plaintiff to public officer or employee
exercise the power of who, not being authorized by
eminent domain and the law, shall expel any person
propriety of its exercise in from the Philippines or shall
the context of the facts compel such person to
involved in the suit. It ends change his residence. [Art.
with an order, if not of 127, RPC].
dismissal of the action, of
condemnation declaring that Expunge. To physically erase;
the plaintiff has a lawful to white or strike out. To
right to take the property Expunge something from a
sought to be condemned, for court record means to
the public use or purpose remove every reference to it
described in the complaint, from the court file.
upon the payment of just [Duhaime's Legal Dict.,
compensation to be 2004].
determined as of the date of
the filing of the complaint. Ex rel. An abbreviation of Ex
An order of dismissal, if this relatione, Latin for “on the
be ordained, would be a final relation of.” It refers to
one, of course, since it finally information or action taken
disposes of the action and that is not based on first-
leaves nothing more to be hand experience but is
done by the Court on the based on the statement or
merits. So, too, would an account of another person.
order of condemnation be a [Duhaime's Legal Dict.,
final one, for thereafter, as 2004].
the Rules expressly state, in
407
Extension services. 1. The sale of stocks to the public,

provision of training, and donations from private
information, and support individuals or institutions
services by the government [Sec. 3, EO 518].
and non-government
organizations to the Extinctive prescription. The
agriculture and fisheries loss of rights and actions
sectors to improve the through the lapse of time.
technical, business and [Claridades, A., Compilation
social capabilities of farmers of Notes, 2001-2006].
and fisherfolk. [Sec. 4, RA
8435]. 2. The technology Extinguishing criminal
transfer provided by the liability. Modes: The causes
Government and that totally extinguish
nongovernment criminal liability enumerated
organizations to the under Art. 89 of the Rev.
agricultural sector such as Penal Code are as follows:
training of farmers, credit (a) the death of the convict,
assistance and the like. [Sec. as to the personal penalties;
4, RA 7607]. and as to pecuniary
penalties, liability therefore
Extension worker. A is extinguished only when
government employee who the death of the offender
is primarily or fully engaged occurs before final
in the non-formal transfer of judgment; (b) service of the
scientific and technological sentence; (c) amnesty,
knowledge and skills for the which completely
practical use of a specific extinguishes the penalty and
target clientele by all its effects; (d) absolute
performing any one or a pardon; (e) prescription of
combination of the functions the crime; (f) prescription of
of facilitating, supervising, the penalty; (g) the marriage
disseminating, or of the offended woman, as
implementing. [EO 715, Aug. provided in Art. 344 of the
6, 1981]. Code. [Tangan v. People, GR
L-73963. Nov. 5, 1987].
External sources of funds.
Those that are obtained from Extinguishment of
such sources as foreign and obligations. Obligations are
domestic borrowings, extinguished: (a) by
contributions from the payment or performance; (b)
National Government in the by the loss of the thing due;
form of subsidy or capital (c) by the condonation or
subscription payments, remission of the debt; (d) by
funds generated through the confusion or merger of
408
the rights of creditor and jurisdiction, actual or

debtor; (e) by compensation; constructive, it was
(f) by novation. [Art. 1231, committed and which asks
CC]. for his surrender with a view
to execute justice. [Wright v.
Extinguishment of CA, GR 113213. Aug. 15,
obligations. Other causes: 1994, citing Bishop Intl. Law
(a) annulment; (b) 471 (1962)]. 2. The arrest
rescission; (c) fulfillment of a and delivery of a fugitive
resolutory condition; (d) wanted for a crime
arrival of a resolutory period; committed in another
(e) prescription; (f) death of country, usually under the
a party in case of personal terms of an extradition
obligations; (g) happening of treaty. 3. The surrender of
a fortuitous event. [Diaz, an accused criminal by one
Bus. Law Rev., 1991 Ed., p. state to the jurisdiction of
35]. another. [Glossary of Legal
Extort. To obtain from an
unwilling or reluctant person Extradition treaties. Intl.
by physical force, Law. Treaties entered into
intimidation or the abuse of for the purpose of
legal or official authority. suppressing crime by
[Macias v. Malig, Adm. Case facilitating the arrest and
2409. Jan. 29, 1988, citing custodial transfer of a
Webster's 3rd New Intl. Dict., fugitive from one state to
1981 Ed.]. the other. [Sandoval, Pol.
Law Reviewer 2003, citing
Extortion. Forcing a person Bassiouni, Intl. Extradition,
to give up property in a thing 1987 ed., p. 68].
through the use of violence,
fear or under pretense of Extra-judicial admission.
authority. [Duhaime's Legal An admission made out of
Dict., 2004]. court. [Francisco, Evidence,
Vol. VII, Part 1, 1997 Ed., p.
Extract. To separate an ore 90]. Compare with Judicial
or mineral from a deposit. admission.
Ed., p. 170]. Extra-judicial confession. A
confession made by the
Extradition. Intl. Law. 1. accused in any other place
Delivery by the state of a or occasion and cannot
person accused or convicted sustain a conviction unless
of a crime, to another state its voluntariness is proven
within whose territorial and unless corroborated by
409
evidence of the corpus Philippine currency which is

delicti. [Claridades, A., unusual or beyond the
Compilation of Notes, 2001- common fluctuation in the
2006]. Compare with value of said currency, and
Judicial confession. such decrease or increase
could not have been
Extraordinary acquisitive reasonably foreseen or was
prescription. This requires manifestly beyond the
that there be public, contemplation of the parties
peaceful and uninterrupted at the time of the
possession in the concept of establishment of the
owner for a period of thirty obligation. [Filipino Pipe and
(30) years. [Borillo v. CA, GR Foundry Corp. v. NAWASA,
55691. May 21, 1992; Art. GR L-43446. May 3, 1988].
1137, CC].
Extraordinary inflation or
Extraordinary diligence. 1. deflation of currency. Any
A duty to carry passengers uncommon decrease or
safely as far as human care increase in the purchasing
and foresight can provide, power of the currency which
using the utmost diligence of could not have been
very cautious persons, with a reasonably foreseen.
due regard for all the [Torres, Oblig. & Cont., 2000
circumstances. [Lausa v. Ed., p. 115].
NLRC, GR 79731. July 9,
1990]. 2. A duty to carry Extraordinary prescription.
passengers safely as far as The acquisition ipso facto of
human care and foresight ownership of real property
can provide, using the by possession through lapse
utmost diligence of very of time, regardless of good
cautious persons, with a due faith or bad faith on the part
regard for all the of the adverse possessor.
circumstances. [Art. 1755, [Moreno’s Law Dict., 2000
CC]. Ed., p. 171].
Extraordinary expense. Extraordinary writ. A writ,

That employed for an often issued by an appellate
exceptional purpose not court, making available
usual, regular or of the remedies not regularly
customary kind. [Moreno’s within the powers of lower
Law Dict., 2000 Ed., p. 170]. courts. They include writs of
habeas corpus, mandamus,
Extraordinary inflation. A prohibition and quo
decrease or increase in the warranto. [Jurist’s Legal
purchasing power of the Dict., 2004].
410
Extrinsic ambiguity. Also

Extraterritorial Patent ambiguity.
jurisdiction. Pol. Law. The Ambiguity not apparent on
power and jurisdiction of the the face of the writing itself
state beyond or outside its and requires something to
territory. [Suarez, Pol. Law be added in order to
Reviewer, 1st Ed., 2002, p. ascertain the meaning of the
35]. words used. [Claridades, A.,
Extraterritorial service of 2006]. Compare with
summons. The service of Intrinsic or latent
summons effected, with ambiguity.
leave of court, out of the
Philippines in three ways: (a) Extrinsic fraud. Also
personal service; (b) by Collateral fraud. 1. As a
publication in a newspaper ground for annulment of
of general circulation in such judgment, it is any act or
places and for such time as conduct of the prevailing
the court may order, in party which prevented a fair
which case a copy of the submission of the
summons and order of the controversy. [Francisco v.
court should be sent by David, 38 OG 714]. 2. A
registered mail to the last fraud which prevents a party
known address of the from having a trial or
defendant, and (c) service of presenting all of his case to
summons may be effected in the court, or one which
any other manner which the operates upon matters
court may deem sufficient. pertaining, not to the
[De Midgely v. Ferandos, GR judgment itself, but to the
L-34314. May 13, 1975]. manner by which such
judgment was procured so
Extravagant expenditures. much so that there was no
Those expenditure incurred fair submission of the
without restraint, controversy. For instance, if
judiciousness and economy. through fraudulent
Extravagant expenditures machination by one (his
exceed the bounds of adversary), a litigant was
propriety. These induced to withdraw his
expenditures are defense or was prevented
immoderate, prodigal, lavish, from presenting an available
luxurious, wasteful, grossly defense or cause of action in
excessive, and injudicious. the case wherein the
[COA Circular No. 88-55-A, judgment was obtained,
dated 08 Sep. 1985]. such that the aggrieved
party was deprived of his
411
day in court through no fault

of his own, the equitable
relief against such judgment
may be availed of. [Yatco v.
Sumagui, 44623-R, July 31,
1971; Cited in Phil. Law
Dict., 1972 Ed. by Moreno;
Varela v. Villanueva, 95 Phil.
248]. Compare with
Intrinsic fraud.
Ex turpi causa non oritur

action. Lat. From a base
cause no action arises. The
legal principle thus
expressed is that, on
grounds of public policy, no
court will lend its aid to a
party who founds his cause
of action on an illegal or an
immoral act. [Tetley,
Glossary of Conflict of Laws,
2004]
Eye bank. A laboratory or

institution with the capability
to perform all or some of the
activities related to
preparing eye tissue for
transplant such as, but no
limited to, motivation and
recruitment of donors, eye
and eye tissue retrieval,
screening of donor blood,
processing, evaluation and
grading of eye/corneal
tissue, and distribution of
said tissue for transplant,
research and/or teaching.
[Sec. 4, DOH Admin. Order
11-95].

412
Wedge Co., L-7349. July 19,

1955; 51 OG 3432].
Facility operator. A
company registered with the
SEC, which may or may not
be the project proponent,
and which is responsible for
-F- all aspects of operation and
maintenance of the
Fabricated evidence. infrastructure or
Evidence manufactured or development facility,
arranged after the fact, and including but not limited to
either wholly false or else the collection of tolls, fees,
warped and discolored by rentals or charges from
artifice and contrivance with facility users: Provided, That
a deceitful intent. [Herrera, in case the facility requires a
Rem. Law, 1999 Ed., p. 68, public utility franchise, the
citing 530 Black’s Dict., 5th facility operator shall be
Ed.]. Filipino or at least sixty per
centum (60%) owned by
Facilitator. A person Filipinos. [Sec. 2, RA 7718].
appointed by the court to
pose questions to a child Facio ut des. Lat. I do and
who may be a child you give. An innominate
psychologist, psychiatrist, contract which is based on
social worker, guidance the principle that "no one
counselor, teacher, religious shall unjustly enrich himself
leader, parent or relative. at the expense of another.
[Sec. 4 (c), AM 00-4-07-SC]. [Corpus v. CA, GR L-40424.
June 30, 1980].
Facilities. The items of
expense necessary for the Facio ut facias. Lat. I make
laborer's and his family's (or do) that you make (or
existence and subsistence, do). [Torres, Oblig. & Cont.,
so that by express provision 2000 Ed., p. 169].
of law, they form part of the
wage and when furnished by Fact. Any event or act or
the employer are deductible condition of things, assumed
therefrom, since if they are (for the moment) as
not furnished, the laborer happening or existing.
would spend and pay for [Francisco, Evidence, Vol.
them just the same. [Atok- VII, Part 1, 1997 Ed., p. 3].
Big Wedge Assn. v. Atok-Big

413
Fact-finding inquiry. An
inquiry akin to the Factum probandum. Lat. A
investigations conducted by fact established and proved
the police and other in evidence. [Moy Ya Lim Yao
investigative agencies to v. Comm. of Immigration, GR
gather facts to support the L-21289. Oct. 4, 1971]. The
subsequent filing of the ultimate fact sought to be
appropriate charges against established. [Claridades, A.,
suspects. [Kapunan v. De Compilation of Notes, 2001-
Villa, GR L-83177. Dec. 6, 2006].
1988]. Compare with Pre-
trial investigation. Factum probans. Lat. The
material evidencing the
Fact-in-issue. A fact as to proposition. It is the fact by
the correctness of which the which the factum
court, under the law of the probandum is established.
case, must be persuaded. [Claridades, A., Compilation
[Francisco, Evidence, Vol. of Notes, 2001-2006].
VII, Part 1, 1997 Ed., p. 3].
Facultative. The term is used
Factor. Also Commission in reinsurance contracts
agent. A person who takes merely to define the right of
property or merchandise of the reinsurer to accept or
another to sell for him. It not to accept participation in
may also refer to a person or the risk insured. But once
firm who takes over the the share is accepted, the
accounts receivable of a obligation is absolute and
business to collect sums of the liability assumed
money due. [Torres, Oblig. & thereunder can be
Cont., 2000 Ed., p. 350]. discharged by one and only
way — payment of the share
Factual impossibility. Crim. of the losses. There is no
Law. This occurs when alternative or substitute
extraneous circumstances prestation. [Equitable Ins.
unknown to the actor or and Casualty Co., Inc. v.
beyond his control prevent Rural Ins. and Surety Co.,
the consummation of the Inc., GR L-17436. Jan. 31,
intended crime. One 1962].
example is the man who
puts his hand in the coat Facultative obligation. An
pocket of another with the obligation where only one
intention to steal the latter's prestation has been agreed
wallet and finds the pocket upon, but the obligor may
empty. [Intod v. CA, GR render another in
103119. Oct. 21, 1992]. substitution. [Art. 1206, CC].
414
Compare with Alternative

obligation. Failure of justice. The
defeat of a particular right,
Failure of accountable of the failure of reparation
officer to render for a particular wrong, from
accounts. Crim. Law. The the lack or inadequacy of a
felony committed by any legal remedy for the
public officer, whether in the enforcement of the one or
service or separated the redress of the other.
therefrom by resignation or [Sec. 9, PD 1487].
any other cause, who is
required by law or regulation Failure to make delivery of
to render account to the COA public funds or property.
Auditor, or to a provincial Crim. Law. The felony
auditor and who fails to do committed by any public
so for a period of two officer under obligation to
months after such accounts make payment from
should be rendered. [Art. Government funds in his
218, RPC]. possession, who shall fail to
make such payment, or by
Failure of a responsible any public officer who, being
public officer to render ordered by competent
accounts before leaving authority to deliver any
the country. Crim. Law. property in his custody or
The felony committed by any under his administration,
public officer who unlawfully shall refuse to make such
leaves or attempts to leave delivery. [Art. 221, RPC].
the Philippines without
securing a certificate from Failure to state a cause of
the COA showing that his action. Civ. Pro. The
accounts have been finally situation where the
settled. [Art. 219, RPC]. complaint (which) does not
allege a sufficient cause of
Failure of elections. Pre- action is raised in a motion
conditions for declaring a to dismiss under Rule 16 (of
failure of election: (a) that no the) Rules of Court, before a
voting has been held in any responsive pleading is filed
precinct or precincts and can be determined only
because of force majeure, from the allegations in the
violence or terrorism, and (b) initiatory pleading and not
that the votes not cast from evidentiary or other
therein suffice to affect the matters aliunde. [Domondon
results of the elections. v. Lopez, AM RTJ-02-1696,
[Sardea v. Comelec, GR June 20, 2002]. Compare
106164. Aug. 17, 1993].
415
with Lack of cause of is not compelled to sell and

action. bought by a buyer who is not
compelled to buy. [Sec.
Fair and Equitable Access 199(l), LGC]. 2. The value for
to Education Act. RA 7880 which a reasonable seller
entitled “An Act providing for would sell an item of
the fair and equitable property and for which a
allocation of the Department reasonable buyer would buy
of Education, Culture and it. [Glossary of Legal Terms
Sports budget for capital (Pro-Se), 2004].
outlay” enacted on Feb. 20,
1995. Fallo. The dispositive portion
(which) is what actually
Fair day's wage for a fair constitutes the resolution of
day's labor. The rule the court and which is the
governing the relation subject of execution.
between labor and capital or [Rivera-Olac v. CA, GR
management and employee 84256. Sep. 2, 1992].
providing that if there is no
work performed by the Fall-of-building clause. A
employee there can be no clause in a fire insurance
wage or pay, unless the policy that if the building or
laborer was able, willing and any part thereof falls, except
ready to work but was as a result of fire, all
illegally locked out, insurance by the policy shall
dismissed or suspended. [J.P. immediately cease.
Heilbronn Co. v. National [Claridades, A., Compilation
Labor Union, 92 Phil. 577 of Notes, 2001-2006].
(1953)].
Falsa demonstratio non
Fairest test. In determining nocet cum de corpore
whether the third person's constat. Lat. False
interest in a contract is a description does not injure
stipulation pour autrui or or vitiate a document,
merely an incidental provided that the thing or
interest, the fairest test is to person intended has once
examine the intention of the been sufficiently described.
parties as disclosed by their [Claridades, A., Compilation
contract. [Florentino v. of Notes, 2001-2006].
Encarnacion, 79 SCRA 192,
201, Sep. 30, 1977]. Falsa descriptio. Lat.
Defective caption given to a
Fair market value. 1. The pleading. [Amarante v. CA,
price at which a property GR 76386. May 21, 1990].
may be sold by a seller who
416
False accusation. Malicious the act executed prior to or

prosecution. [Moreno’s Law simultaneously with the
Dict., 2000 Ed., p. 173]. commission of the fraud: (a)
By using fictitious name, or
False arrest. Any unlawful falsely pretending to possess
physical restraint of power, influence,
another's personal liberty, qualifications, property,
whether or not carried out credit, agency, business or
by a peace officer. [Jurist’s imaginary transactions, or by
Legal Dict., 2004]. means of other similar
deceits; (b) By altering the
False keys. The term shall be quality, fineness or weight of
deemed to include: (a) The anything pertaining to his art
tools mentioned in the Art. or business; (c) By
304 of the Rev. Penal Code; pretending to have bribed
(b) genuine keys stolen from any Government employee,
the owner; (c) any keys without prejudice to the
other than those intended by action for calumny which the
the owner for use in the lock offended party may deem
forcibly opened by the proper to bring against the
offender. [Art. 305, RPC]. offender; (d) By post-dating
a check, or issuing a check
False medical certificates, in payment of an obligation
false certificates of when the offender therein
merits or service, etc., were not sufficient to cover
issuance of. Crim. Law. The the amount of the check.
felony committed by: (a) any The failure of the drawer of
physician or surgeon who, in the check to deposit the
connection, with the practice amount necessary to cover
of his profession, shall issue his check within three (3)
a false certificate; (b) any days from receipt of notice
public officer who shall issue from the bank and/or the
a false certificate of merit of payee or holder that said
service, good conduct or check has been dishonored
similar circumstances; (c) or for lack of insufficiency of
by any private person who funds shall be prima facie
shall falsify a certificate evidence of deceit
falling within the classes constituting false pretense
mentioned in the two or fraudulent act [As
preceding numbers. [Art. amended by RA 4885]; (e)
174, RPC]. By obtaining any food,
refreshment or
False pretenses or accommodation at a hotel,
fraudulent acts. 1. In the inn, restaurant, boarding
crime of estafa or swindling, house, lodging house, or
417
apartment house and the such in the application for a

like without paying therefor, concession, title or permit
with intent to defraud the (under the provisions of the
proprietor or manager Public Land Act), thus
thereof, or by obtaining tending to mislead the
credit at hotel, inn, official charged with the
restaurant, boarding house, processing of said
lodging house, or apartment application. [Claridades, A.,
house by the use of any Compilation of Notes, 2001-
false pretense, or by 2006].
abandoning or
surreptitiously removing any False testimony against a
part of his baggage from a defendant, giving of.
hotel, inn, restaurant, Crim. Law. The felony
boarding house, lodging committed by any person
house or apartment house who shall give false
after obtaining credit, food, testimony against the
refreshment or defendant in any criminal
accommodation therein case. [Art. 180, RPC].
without paying for his food,
refreshment or False testimony favorable
accommodation. [Art. 315, to the defendants, giving
RPC]. 2. Representation of of. Crim. Law. The felony
some fact or circumstance committed by any person
which is not true and is who shall give false
calculated to mislead, testimony in favor of the
whereby a person obtains defendant in a criminal case.
another's money or goods. [Art. 181, RPC].
[Jurist’s Legal Dict., 2004].
False testimony in other
False return. Taxation. 1. cases and perjury in
The term merely implies solemn affirmation,
deviation from the truth, making of. Crim. Law. The
whether intentional or not. felony committed by any
[Aznar v. CA, GR L-20569. person, who knowingly
Aug. 23, 1974]. 2. It may not makes untruthful statements
always be an attempt to and not being included in the
evade a tax. [Comm. of Int. provisions of Art. 180, 181
Rev. v. Javier, GR 78953. July and 182 of the Rev. Penal
31, 1991]. Compare with Code, shall testify under
Fraudulent return. oath, or make an affidavit,
upon any material matter
False statement. A material before a competent person
statement which is untrue authorized to administer an
and knowingly stated as oath in cases in which the
418
law so requires, or by any or with the intent to cause

person who, in case of a such damage, shall in any
solemn affirmation made in private document commit
lieu of an oath, shall commit any of the acts of
any of the falsehoods falsification enumerated in
mentioned in the Rev. Penal Art. 171 of the Rev. Penal
Code. [Art. 183, RPC]. Code. [Art. 172, RPC].
Falsification. Falsification by public

Misrepresentation of a thing, officer, employee or
fact or condition, certifying notary. Crim. Law. The
that a thing is true when it is felony committed by any
not, whether one has the public officer, employee, or
right to make the notary who, taking
representation or certificate. advantage of his official
[US v. Buenaventura, 1 Phil. position, shall falsify a
433]. document by committing
any of the following acts: 1.
Falsification by ecclesiastic Counterfeiting or imitating
minister. Crim. Law. The any handwriting, signature
felony committed by any or rubric; 2. Causing it to
ecclesiastical minister who appear that persons have
shall commit any of the participated in any act or
offenses enumerated in the proceeding when they did
first paragraph of Art. 171 of not in fact so participate; 3.
the Rev. Penal Code, with Attributing to persons who
respect to any record or have participated in an act
document of such character or proceeding statements
that its falsification may other than those in fact
affect the civil status of made by them; 4. Making
persons. [Art. 171, RPC]. untruthful statements in a
narration of facts; 5. Altering
Falsification by private true dates; 6. Making any
individual. Crim. Law. The alteration or intercalation in
felony committed by: 1. any a genuine document which
private individual who shall changes its meaning; 7.
commit any of the Issuing in an authenticated
falsifications enumerated in form a document purporting
Art. 171 of the Rev. Penal to be a copy of an original
Code in any public or official document when no such
document or letter of original exists, or including
exchange or any other kind in such a copy a statement
of commercial document; contrary to, or different
and 2. any person who, to from, that of the genuine
the damage of a third party, original; or 8. Intercalating
419
any instrument or note receiving wireless, cable or

relative to the issuance telephone message who
thereof in a protocol, utters a fictitious wireless,
registry, or official book. telegraph or telephone
[Art. 171, RPC]. message of any system or
falsifies the same, or who
Falsification of a private shall use such falsified
document. Crim. Law. The dispatch to the prejudice of a
crime is not committed by third party or with the intent
the mere falsification of the of cause such prejudice. [Art.
document. It does not suffice 173, RPC].
that the document itself be
false, but there must also be Falsify. To tamper with or
proved the prejudice caused alter. To represent falsely,
to a third person or the distort or violate the truth.
intention to cause it. [PAL, Inc. v. NLRC, GR
[Mercury Drug v. NLRC, GR 87353. July 3, 1991].
96525. June 26, 1992, citing
Aquino, Crim. Law, Vol. II, Falsus in uno, falsus in
1987 ed., p. 264; Art. 172 omnibus. Lat. False in one
(2), RPC]. part, false in everything.
[Lagunsad v. CA, GR 104939.
Falsification of legislative Feb. 2, 1994].
documents. Crim. Law. The
felony committed by any Family. 1. A natural and
person who, without proper social institution founded on
authority therefor alters any the conjugal union, binding
bill, resolution, or ordinance together the individuals
enacted or approved or composing it, for the
pending approval by either common accomplishment of
House of Congress or any the individual and spiritual
provincial board or municipal ends of life, under the
council. [Art. 170, RPC]. authority of the original
ascendant who heads it.
Falsification of wireless, [Jurado, Civil Law Reviewer,
cable, telegraph and 19th Ed., p. 187, citing 4
telephone messages, and Valverde 8]. 2. A basic social
use of said falsified institution which public
messages. The commission policy cherishes and
of a crime by an officer or protects. [Suarez, Intro. to
employee of the Law, 1995 3rd Ed., p. 73].
Government or of any
private corporation or Family assistance loans.
concern engaged in the Loans granted to currently
service of sending or employed migrant workers
420
or their eligible and to the extent of the

dependents/families in the value allowed by law. [Bench
Philippines to tide them over Book for Trial Court Judges,
during emergency situations. p. 3-3, citing Arts. 152 and
[Sec. 30, IRR, RA 8042]. 153, CC].
Family Code. EO 209 entitled Family name. Surname.

“The Family Code of the [Moreno’s Law Dict., 2000
Philippines” signed on July 6, Ed., p. 175].
1987.
Family of public officials or
Family Courts Act of 1997. employees. The spouses
RA 8369 entitled “An Act and unmarried children
establishing Family Courts, under eighteen (18) years of
granting them exclusive age of public officials or
original jurisdiction over employees. [Sec. 3, RA
child and family cases, 6713].
amending Batas Pambansa
Bilang 129, as amended, Family relations. They
otherwise known as the include those: (a) between
Judiciary Reorganization Act husband and wife; (b)
of 1980, appropriating funds between parents and
therefor and for other children; (c) among brothers
purposes” enacted on Oct. and sisters, whether of the
28, 1997. full or half-blood. [Art. 150,
FC].
Family home. 1. Constituted
jointly by the husband and Family relationship. The
the wife or by an unmarried relation, union or connection
head of a family, it is the which exists between
dwelling house where they members of the family, as
and their family reside, and that between husband and
the land on which it is wife, parent and child, and
situated. [Art. 152, FC]. 2. as among other
The dwelling house where a descendants, and among
husband and wife, or an brothers and sisters.
unmarried head of the family [Moreno’s Law Dict., 2000
resides, and the land on Ed., p. 175].
which it is situated, which is
now deemed constituted Family-size fishpond. An
from the time it is occupied area of fishpond that permits
as a family residence, and is the efficient use of labor and
exempt from execution, capital resources of a family
forced sale or attachment to produce an income
except as provided by law sufficient to meet a family's
421
need for food, clothing, associations. Farmers and

shelter, health and fisherfolk's cooperatives,
education with reasonable associations, or corporations
reserves to absorb yearly duly registered with
fluctuation in income. [Sec. appropriate government
3, PD 704]. agencies and which are
composed primarily of small
Farm. A plot or tract of land agricultural producers,
devoted to the raising of farmers, farm workers,
domestic or other animals. agrarian reform
[Webster's Intl. Dict., 2nd Ed. beneficiaries, fisherfolk who
(1954)]. voluntarily join together to
form business enterprises or
Farm employer. Any person non-business organizations
acting directly or indirectly in which they themselves own,
the interest of a farm control and patronize. [Sec.
employer whether for profit 4, RA 8435].
or not, as well as a labor
contractor, but shall not Farmers' organization.
include any labor Farmers' cooperatives,
organization (otherwise than associations, or corporations
when acting as a farm duly registered with
employer) or anyone acting appropriate government
in the capacity of an officer agencies and which are
or agent of such labor composed primarily of small
organization. [Sec. 166, RA agricultural producers,
3844]. farmers, farmworkers, and
other agrarian reform
Farmer. A natural person beneficiaries who voluntarily
whose primary livelihood is join together to form
cultivation of land or the business enterprises which
production of agricultural they themselves own,
crops, either by himself, or control and patronize. [Sec.
primarily with the assistance 4, RA 7607].
of his immediate farm
household, whether the land Farm implements. Hand
is owned by him, or by tools or machines ordinarily
another person under a employed in a farm
leasehold or share tenancy enterprise. [Sec. 166, RA
agreement or arrangement 3844].
with the owner thereof. [Sec.
3, RA 6657]. Farm-to-market roads.
Roads linking the agriculture
Farmer's and fisherfolk's and fisheries production
organizations or sites, coastal landing points
422
and post-harvest facilities to

the market and arterial Fatal. Causing death; deadly
roads and highways. [Sec. 4, or mortal. [People v.
RA 8435; Sec. 4, RA 8550]. Umadhay, GR 119544. Aug.
3, 1998, citing 16 Words &
Farmworker. 1. A natural Phrases 448].
person who renders service
value as an employee or Fathom. A nautical measure
laborer in an agricultural of six (6) feet in length
enterprise or farm regardless [Black's Law Dict., 5th Ed.,
of whether his compensation 547].
is paid on a daily, weekly,
monthly or pakyaw basis. Favorabilia sunt amplianda
[Sec. 4, RA 7607]. 2. A adiosa restrigenda. Lat.
natural person who renders Penal laws which are
service for value as an favorable to the accused are
employee or laborer in an given retroactive effect.
agricultural enterprise or [People v. Zervoulakos, GR
farm regardless of whether 103975. Feb. 23, 1995].
his compensation is paid on
a daily, weekly, monthly or Fear. An unpleasant
"pakyaw" basis. The term emotional state
includes an individual whose characterized by anticipation
work has ceased of pain or great distress. It is
consequence of, or in a reaction to an external
connection with, a pending danger which is perceived to
agrarian dispute and who cause him harm. [People v.
has not obtained a Dulay, GR 92600. Jan. 18,
substantially equivalent and 1993].
regular farm employment.
[Sec. 3, RA 6657]. Featherbedding activities.
Also Make-work activities.
Farm workers' An unfair labor practice of a
organization. Any union or union for exacting or
association of farm workers attempting to exact from an
which exists, in whole or in employer, compensation for
part, for the purpose of service nor rendered or not
collective bargaining or intended to be rendered.
dealing with farm employers [Poquiz, Labor Rel. Law,
concerning terms and 1999 Ed. p. 167].
conditions of employment.
[Sec. 166, RA 3844]. Federal union. Also
Federation. Intl. Law. A
FAS. See Free alongside combination of two or more
ship. states which, upon merger,
423
ceases to be states, ownership in common law.

resulting in the creation of a [Duhaime's Legal Dict.,
new state with full 2004].
international personality to
represent them in external Fee simple absolute. The
relations and a certain most complete, unlimited
degree of power over their form of ownership of real
domestic affairs and their property. [Jurist’s Legal Dict.,
inhabitants. An example is 2004].
the United States. [Cruz, Intl.
Law Reviewer, 1996 Ed., p. Fellatio. Also Irrumation.
13]. Legal Med. Sexual
gratification attained by
Federation. See Federal sucking the penis and
union. initiating ejaculation. [Olarte,
Legal Med., 1st Ed. (2004), p.
Fee. A charge fixed by law or 115]. Compare with
ordinance for the regulation Cunnilingus.
or inspection of a business or
activity. [Sec. 131, RA 7160]. Felonies. Also Delitos. Acts
and omissions punishable by
Fee for service. A law. They are committed not
reasonable and equitable only be means of deceit
health care payment system (dolo) but also by means of
under which physicians and fault (culpa). [Art. 3, RPC].
other health care providers
receive a payment that does Felonies. Elements. The
not exceed their billed elements of felonies in
charge for each unit of general are: (a) there must
service provided. [Sec. 1, RA be an act or omission; (b)
9241]. the act or omission must be
punishable under the Rev.
Fee simple. 1. The rights of Penal Code; and (c) the act
disposal and recovery. is performed or the omission
[Edroso v. Sablana, GR 6878. incurred by means of deceit
Sep. 13, 1913]. 2. The most or fault. [People v. Gonzales,
extensive tenure allowed GR 80762. Mar. 19, 1990].
under the feudal system
allowing the tenant to sell or Felony. Sing. of Felonies.
convey by will or be transfer
to a heir if the owner dies Fence. Any person, firm,
intestate. In modern law, association corporation or
almost all land is held in fee partnership or other
simple and this is as close as organization who/which
one can get to absolute
424
commits the act of fencing. People, GR 111426. July 11,

[Sec. 2, PD 1612]. 1994].
Fencing. The act of any Ferryboat service. A water

person who, with intent to transport service considered
gain for himself or for as a continuation of the
another shall buy, receive, highway when crossing
possess, keep, acquire, rivers or even lakes, which
conceal, sell or dispose of, or are small body of waters
shall buy and sell, or in any separating the land. [San
manner deal in any article, Pablo v. Pantranco South
item, object or anything of Express, Inc.. GR L-61461 &
value which he knows, or 61501. Aug. 21, 1987].
should be known to him, to Compare with Coastwise or
have been deprived from the interisland shipping
proceeds of the crime of service.
robbery or theft. [Sec. 2, PD
1612]. Fertilizer. Any substance -
solid or liquid - or any
Fencing. Elements: (a) A nutrient element or
crime of robbery of theft has elements - organic or
been committed; (b) the inorganic - singly or in
accused, who is not a combination with other
principal or accomplice in materials, applied directly to
the commission of the crime the soil for the purpose of
of robbery or theft, buys, promoting plant growth,
receives, possesses, keeps, increasing crop yield or
acquires, conceals, sells or improving their quality. [Sec.
disposes, or buys and sells, 3, PD 1144].
or in any manner deals in
any article, item, object or Festoon. To hang in a curved
anything of value, which has shape between two points as
been derived from the a decoration. [Sec. 3, RA
proceeds of the said crime; 8491].
(c) the accused knows or
should have known that the Fetishism. Legal Med. A
said article, item, object or sexual perversion wherein
anything of value has been the real or fantasized
derived from the proceeds of presence of an object or
the crime of robbery or theft; bodily part is necessary for
and (d) there is, on the part sexual stimulation and/or
of the accused, intent to gratification. [Olarte, Legal
gain for himself or for Med., 1st Ed. (2004), p. 116].
another. [Dizon-Pamintuan v.

425
Feudal system. A social

structure that existed Fideicomiso. Sp. Trust. A
throughout much of Europe form or manner of
between 800 and 1400 and testamentary substitution by
that revolved around a multi- which the testator or trustor
level hierarchy between charges the heir (trustee) to
lords (who held land granted deliver a certain aliquot
under tenure from the king), portion of the estate, or all
and their tenants (also called thereof, to a third person
Vassals).Tenants would who receives the name of
lease land from the lord in beneficiary (fideicomisario).
exchange for loyalty and A charge of confidence
goods or services, such as imposed upon the first-born
military assistance or usufructuary possessor to
money. In exchange, the preserve the entailed
tenant would be protected properties in order to deliver
from attack. [Duhaime's in due time the possession
Legal Dict., 2004]. and enjoyment thereof to
the succeeding first-born.
Fiador. Sp. Bondsman, [Barretto v. Tuason, GR
surety, guarantor, bailor, 23923. Mar. 23, 1926, citing
backer. [Luzon Surety v. City Diccionario de la
of Bacolod, GR L-23618. Aug. Administracion Española,
31, 1970, citing Robb's Dict. Vol. 5, p. 635].
of Legal Terms (1966), p.
56]. Fideicommissary
substitution. 1. A
Fiat justitia ruat coelum. substitution by virtue of
Lat. Let right be done though which the fiduciary or first
the heavens should fall. [Intl. heir instituted is entrusted
Banking Corp. v. Yared, 59 with the obligation to
Phil. 72, Dec. 11, 1933]. preserve and to transmit to
a second heir the whole or
Fictitious sale. A sale which part of the inheritance. [Art.
does not produce legal 863, CC]. 2. It takes place
effects or any change in the where the testator
juridical situation of the designates a person as an
parties. [Claridades, A., heir charging him to deliver
Compilation of Notes, 2001- to another the whole or part
2006]. of the inheritance under the
circumstances provided in
Fideicomisario. Sp. Art. 863 of the Civil Code.
Beneficiary. [Barretto v. [Bench Book for Trial Court
Tuason, GR 23923. Mar. 23, Judges, p. 3-3].
1926].
426
Fideicommissary
substitution. Requisites: Fiduciary. 1. A guardian
(a) There must be a first heir trustee, executor,
primarily called to the administrator, receiver,
enjoyment of the estate; (b) conservator, or any person
there must be a second heir; acting in any fiduciary
and (c) there must be an capacity for any person.
obligation clearly imposed [Sec. 22, NIRC, as amended].
upon the first heir to 2. The term is synonymous
preserve the estate and to to a trustee, which is the
transmit it to the second classic form of a fiduciary
heir. [Jurado, Comments & relationship. A fiduciary has
Jurisp. on Succession, 1991 rights and powers which
8th Ed., p. 196-197, citing would normally belong to
Perez v. Garchitorena, 54 another person. The
Phil. 431]. fiduciary holds those rights
which he must exercise to
Fideicommissary the benefit of the
substitution. Limitations: beneficiary. 3. A person or
(a) The substitution must not institution who manages
go beyond one degree from money or property for
the heir originally instituted; another and who must
(b) the fiduciary and the exercise a standard care
fideicommissary must be imposed by law, i.e.,
living at the time of the personal representative or
death of the testator; (c) the executor of an estate, a
substitution must not burden trustee, etc. [Jurist’s Legal
the legitime of compulsory Dict., 2004].
heirs; and (d) the
substitution must be made Fiduciary relation, what
expressly. [Jurado, constitutes. The relation
Comments & Jurisp. on between parties in order to
Succession, 1991 8th Ed., p. be fiduciary need not be
197, citing Arts. 863-865, legal, but by moral, social,
CC]. domestic or merely personal;
and where by reason of
Fidelity bond. A kind of kinship, business
surety bond under which the association, disparity in age
liability of the surety is or physical or mental
conditioned upon condition or other reason,
dishonesty, infidelity, theft the grantee is in an
or any act of the principal especially intimate position
obligor amounting to estafa. with regard to another and
[Claridades, A., Compilation the latter reposes a degree
of Notes, 2001-2006]. of trust and confidence in
427
the former, confidential (1999), p. 196]. See

relationship exist which Paternity.
prohibits the one entrusted
from seeking a selfish Filiation, proof of. The
benefit for himself during the filiation of legitimate
course of relationship, and children is established by
affords a basis for imposing any of the following: (a) The
a constructive trust. [Sotto v. record of birth appearing in
Teves, GR L-38018. Oct. 31, the civil register or a final
1978]. judgment; or (b) an
admission of legitimate
Field personnel. Non- filiation in a public document
agricultural employees who or a private handwritten
regularly perform their instrument and signed by
duties away from the the parent concerned. In the
principal place of business or absence of the foregoing
branch office of the evidence, the legitimate
employer and whose actual filiation shall be proved by:
hours of work in the field (a) the open and continuous
cannot be determined with possession of the status of a
reasonable certainty. [Art. legitimate child; or (b) Any
82, LC]. other means allowed by the
Rules of Court and special
Fieri facias writ. A writ laws. [Art. 172, FC].
commanding a sheriff to
take and sell enough Filing. Rem. Law. The act of
property from the person presenting the pleading or
who lost the lawsuit, to pay other paper to the clerk of
the debt owed by the court. [Sec. 2, Rule 13, RoC].
judgment. [Duhaime's Legal
Dict., 2004]. Filing fee. Rem. Law. The fee
required for filing various
File. To place a paper in the documents. [Glossary of
official custody of the clerk Legal Terms (Pro-Se), 2004].
of court/court administrator
to enter into the files or Filipinization law. See
records of a case. [Glossary nationalization law.
of Legal Terms (Pro-Se),
2004]. Filipino. The national
language of the Philippines.
Filiation. The civil status of a [Sec. 3, RA 7104].
child in relation to his/her
father or mother. [Jurado, Filipino contractor. A
Civil Law Reviewer, 19th Ed. construction contractor, who
is a citizen of the Philippines,
428
or a corporation or other the winding up of the

juridical entity, of which, in proceedings of a diplomatic
the case of a corporation, at conference and usually
least sixty percent (60%) of includes a reproduction of
its capital stock outstanding the texts of treaties,
and entitled to vote, is conventions,
owned and held by citizens recommendations and other
of the Philippines and at acts agreed upon and signed
least sixty per cent (60%) of by the plenipotentiaries
the Board of Directors attending the conference. It
thereof are citizens of the is not the treaty itself. It is
Philippines, and in the case rather a summary of the
of any other juridical entity, proceedings of a protracted
at least sixty percent (60%) conference which may have
of its equity is owned and taken place over several
held by citizens of the years. [Tañada v. Angara,
Philippines. [Sec. 3, PD GR 118295. May 2, 1997]. 2.
1167]. The records of the winding
up of the proceedings of a
Filipino-first policy. The conference. [Coquia and
constitutional provision Santiago, Intl. Law, 3rd Ed.
whereby the State is (1998), p. 493]. See Act.
mandated to give preference
to qualified Filipinos in the Final and executory
grant of rights, privileges, judgment. Rem. Law. A
and concessions covering judgment which becomes
the national economy and "final and executory" by
patrimony. [Sec. 10, Art. XII operation of law. Finality of
of the 1987 Constitution]. judgment becomes a fact
upon the lapse of the
Filipinos overseas. Filipinos reglementary period to
who are permanent appeal if no appeal is
residents abroad, including perfected. In such a
Filipino emigrants who are situation, the prevailing
either already citizens of party is entitled to a writ of
foreign countries or are still execution, and issuance
Filipino citizens awaiting thereof is a ministerial duty
naturalization, recognition, of the court. [City of Manila
or admission, and their v. CA, GR 100626. Nov. 29,
descendants. [Sec. 2, BP 79]. 1991]. Compare with Final
judgments.
Final act. Intl. Law.
Sometimes called Protocol Final injunction. Rem. Law.
de cloture. 1. An A judgment rendered after
instrument which records trial which perpetually
429
restrains the party or person reglementary period for

from the commission or appeal. During that period,
continuance of the act or execution of the judgment
acts, or confirming the cannot yet be demanded by
preliminary mandatory the winning party as a
injunction. [Feria and Noche, matter of right. [City of
Civ. Pro. Annotated, Vol. 1, Manila v. CA, GR 100626.
2001 Ed., p. 325, citing Sec. Nov. 29, 1991]. Compare
9, Rule 58, RoC]. with Final and executory
judgment.
Finality of judgment rule.
Rem. Law. A rule grounded Final order or judgment.
on the fundamental principle Rem. Law. One which either
of public policy and sound terminates the action itself
practice that at the risk of or operates to vest some
occasional error, the right in such manner as to
judgment of court and award put it out of the power of the
of quasi-judicial agencies court making the order to
must become final at some place the parties in their
definite date fixed by law. original condition. More
[Reyes v. CA, GR 120817. specifically, it is that which
Nov. 4, 1996]. disposes of the whole
subject matter or terminates
Final judgment or order. the particular proceedings or
Rem. Law. An order which action, leaving nothing to be
disposes of the whole done but to enforce by
subject matter or terminates execution what has been
a particular proceeding or determined. [Ceniza v. CA,
action, leaving nothing to be GR 95296. Feb. 3, 1993].
done but to enforce by
execution what has been Final resolution. Rem. Law.
determined. [Marcelo v. de A resolution finally disposing
Guzman, No. L-29077, 29 of a case, such as one
June 1982, 114 SCRA 657]. dismissing a case.
Compare with Interlocutory [Claridades, A., Compilation
order. of Notes, 2001-2006].
Final judgments. Rem. Law. Finance charges. The

Judgments which finally amount to be paid by the
dispose of, adjudicate, or debtor incident to the
determine the rights of the extension of credit such as
parties in the case. But such interest or discounts,
judgments are not yet "final collection fees, credit
and executory" pending the investigation fees, and other
expiration of the
430
service charges. [Sec. 3, RA non-cancelable lease

8484]. contract under which the
lessor purchases or acquires,
Finance lease. Also Full at the instance of the lessee,
payout lease. A contract machinery, equipment,
involving payment over an motor vehicles, appliances,
obligatory period (also called business and office
primary or basic period) of machines, and other
specified rental amounts for movable or immovable
the use of a lessor's property in consideration of
property, sufficient in total to the periodic payment by the
amortize the capital outlay lessee of a fixed amount of
of lessor and to provide for money sufficient to amortize
the lessor's borrowing costs at least seventy (70%) of the
and profits. [Beltran v. PAIC purchase price or acquisition
Finance Corp., GR 83113. cost, including any incidental
May 19, 1992, citing Rev. expenses and a margin of
Reg. 19-86, Promulgated by profit over an obligatory
the DOF on 1 Jan. 1987]. period of not less than two
(2) years during which the
Financial assistance. The lessee has the right to hold
giving out of money to and use the leased property
another without the with the right to expense the
expectation of any returns lease rentals paid to the
therefrom. It connotes an ex lessor and bears the cost of
gratia dole out in favor of repairs, maintenance,
someone driven into a state insurance and preservation
of destitution. [Leung v. IAC, thereof, but with no
GR 70926. Jan. 31, 1989]. obligation or option on his
part to purchase the leased
Financial intermediaries. property from the owner-
Persons or entities whose lessor at the end of the lease
principal functions include contract. [Sec. 3, RA 8556].
the lending, investing or
placement of funds or Financial or technical
evidences of indebtedness assistance agreement. A
or equity deposited with contract involving financial
them, acquired by them, or or technical assistance for
otherwise coursed through large-scale exploration,
them, either for their own development, and utilization
account or for the account of of mineral resources. [Sec. 3,
others. [Sec. 1, PD 71]. RA 7942].
Financial leasing. A mode of Financier. Any person who

extending credit through a pays for, raises or supplies
431
money for, or underwrites as the Financing Company

any of the illegal activities Act” enacted on Feb. 26,
prescribed under RA 9165. 1998.
[Sec 3, RA 9165].
Financing lease. It may be
Financier or Capitalist. Any seen to be a contract sui
person who finances the generis, possessing some
operations of any illegal but not necessarily all of the
numbers game. [Sec. 2, RA elements of an ordinary or
9287]. civil law lease. Thus, legal
title to the equipment leased
Financing companies. 1. is lodged in the financial
Corporations, except banks, lessor. The financial lessee is
investments houses, savings entitled to the possession
and loan associations, and use of the leased
insurance companies, equipment. At the same
cooperatives, and other time, the financial lessee is
financial institutions obligated to make periodic
organized or operating under payments denominated as
other special laws, which are lease rentals, which enable
primarily organized for the the financial lessor to
purpose of extending credit recover the purchase price
facilities to consumers and of the equipment which had
to industrial, commercial, or been paid to the supplier
agricultural enterprises, by thereof. [Beltran v. PAIC
direct lending or by Finance Corp., GR 83113 and
discounting or factoring 83258, May 19, 1992].
commercial papers or
accounts receivable, or by Finding. Formal conclusion
buying and selling contracts, by a judge or regulatory
leases, chattel mortgages, or agency on issues of fact.
other evidences of [Glossary of Legal Terms
indebtedness, or by financial (Pro-Se), 2004].
leasing of movable as well as
immovable property. [Sec. 3, Findings of fact. The written
RA 8556]. statement of the ultimate
facts as found by the court
Financing Company Act. RA and essential to support the
5980 enacted on Aug. 4, decision and judgment
1969. rendered thereon; they
consist of the court's
Financing Company Act of conclusions with respect to
1998. RA 8556 entitled “An the determinative facts on
Act amending RA 5980, as issue. [Air France v.
amended, otherwise known
432
Carrascoso, GR L-21438. such as, but not limited to,

Sep. 28, 1966]. jewelries or decorative
articles. [Sec. 3, PD 1219].
Fine. 1. Pecuniary
punishment imposed by a Finishes. Materials used as
lawful Tribunal upon a final coating of a surface for
person convicted of crime or ornamental or protective
misdemeanor. It may include purposes. [Sec. 3, PD 1185].
a forfeiture or penalty
recoverable in a civil action. Fire. The active principle of
[Vda. De Tad-y v. Ledesma, burning, characterized by
GR 28638. Sep. 21, 1928, the heat and light of
citing 2 Bouvier's Law Dict., combustion. [Sec. 3, PD
1925]. 2. A sum of money 1185].
paid as part of a penalty of
conviction for a particular Fire alarm. Any visual or
criminal offense. [Jurist’s audible signal produced by a
Legal Dict., 2004]. device or system to warm
the occupants of the building
Fine mesh net. Net with or fire fighting elements of
mesh size of less than three the presence or danger of
centimeters (3 cm.) fire to enable them to
measured between two (2) undertake immediate action
opposite knots of a full mesh to save life and property and
when stretched or as to suppress the fire. [Sec. 3,
otherwise determined by the PD 1185].
appropriate government
agency. [Sec. 4, RA 8550]. Firearm. Any instrument or
device with which it is
Fingir. Sp. Contrahacer possible to propel a
alguna cosa dandola la projectile by the expansive
semejanza de lo que no es. force of the gases generated
Eng. To counterfeit by the combustion of an
something, giving it the explosive substance.
appearance of that which it [Francisco, Evidence, Vol.
is not. [US v. Paraiso, GR 91. VII, Part 1, 1997 Ed., p. 696].
Nov. 13, 1901]. Compare
with Contrahaciendo. Fireblock. Any wall which
separate two abutting living
Finished products. units so as to resist the
Processed and manufactured spread of fire. Such wall shall
coral articles of trade and be of masonry construction
commerce in a form that e.g., cement hollow blocks,
may be immediately utilized bricks, reinforced concrete,
by the end-user or consumer etc. at least 4" thick, and
433
shall extend throughout the does burn, the insured, while

whole length of the living losing his house, wins the
units and from the lowest wager. The prize is the
portion of the wall adjoining recompense to be given by
the living units up to the the insurer to make good the
point just below the roof loss the insured has
covering of purlins. [Sec. 3, sustained. [Malayan
BP 220]. Insurance Co., Inc. (MICO) v.
Cruz-Arnaldo, GR L-67835.
Fire Code of the Oct. 12, 1987].
Philippines. PD 1185
signed into law on Aug. 26, Fire insurance policy. A
1977. personal contract of
indemnity against a loss by
Fire door. A fire resistive the person insured, by fire.
door prescribed for openings [Moreno’s Law Dict., 2000
in fire separation walls or Ed., p. 179].
partitions. [Sec. 3, PD 1185].
Fire insurance policy,
Fire hazard. Any condition or conditions for
act which increases or may cancellation of. A valid
cause an increase in the cancellation (of a fire
probability of the occurrence insurance policy) must
of fire, or which may require concurrence of the
obstruct, delay, hinder or following conditions: (a)
interfere with fire fighting There must be prior notice of
operations and the cancellation to the insured;
safeguarding of life and (b) the notice must be based
property. [Sec. 3, PD 1185]. on the occurrence, after the
effective date of the policy,
Fire insurance. 1. Insurance of one or more of the
against loss by fire, grounds mentioned; (c) the
lightning, windstorm, notice must be (1) in writing,
tornado or earthquake and (2) mailed, or delivered to
other allied risks, when such the named insured, (3) at
risks are covered by the address shown in the
extension to fire insurance policy; (d) it must state (1)
policies or under separate which of the grounds
policies. [Sec. 167, IC]. 2. An mentioned in Sec. 64 (of the
aleatory contract by which Ins. Code) is relied upon and
the insured in effect wagers (2) that upon written request
that his house will be of the insured, the insurer
burned, with the insurer will furnish the facts on
assuring him against the which the cancellation is
loss, for a fee. If the house based. [Malayan Ins. Co., Inc.
434
(MICO) v. Cruz-Arnaldo, GR or structure in order to

L-67835. Oct. 12, 1987]. minimize danger to life from
fire, smoke, fumes or panic
Fire lane. The portion of a before the building is
roadway or publicway that evacuated. These features
should be kept opened and are also designed to achieve,
unobstructed at all times for among others, safe and
the expedient operation of rapid evacuation of people
fire fighting units. [Sec. 3, PD through means of egress
1185]. sealed from smoke or fire,
the confinement of fire or
Fire protective and fire smoke in the room or floor of
safety device. Any device origin and delay their spread
intended for the protection to other parts of the building
of buildings or persons to by means of smoke sealed
include but not limited to and fire resistant doors,
built-in protection system walls and floors. It shall also
such as sprinklers and other mean to include the
automatic extinguishing treatment of buildings
system, detectors for heat, components or contents with
smoke and combustion flame retardant chemicals.
products and other warning [Sec. 3, PD 1185].
system components,
personal protective Fire trap. A building unsafe in
equipment such as fire case of fire because it will
blankets, helmets, fire suits, burn easily or because it
gloves and other garments lacks adequate exits or fire
that may be put on or worn escapes. [Sec. 3, PD 1185].
by persons to protect
themselves during fire. [Sec. Fire wall. A fireblock with
3, PD 1185]. extends vertically from the
lowest portion of the wall
Fire-resistive time period which adjoins the 2 living
rating. The length of time a units up to a minimum
material can withstand being height of 0.30 meter above
burned which may be one- the highest portion of the
hour, 2-hours, 3-hours, 4- roof attached to it; the fire
hours, etc. [Sec. 3, BP 220]. wall shall also extend
horizontally up to a
Fire safety constructions. minimum distance of 0.30
Design and installation of meter beyond the outermost
walls, barriers, doors, edge of the abutting living
windows, vents, means of units. [Sec. 3, BP 220].
egress, etc. integral to and
incorporated into a building
435
Firm offer. An offer which the First name. A name or

offeror promises to keep nickname given to a person
open for a fixed period of which may consist of one or
time. [Intl. Law Dict. & more names in addition to
Direct., 2004]. the middle and last names.
[Sec. 2, RA 9053].
Firms. The term by which
groups of lawyers are called. First reading of a bill. The
It is usually a partnership reading of the number, title,
and members of the firm are and author followed by the
the partners. Some firms referral to the appropriate
may be organized as committees. [Tolentino v.
professional corporations Sec. of Finance, GR 115455.
and the members called Aug. 25, 1994].
shareholders. In either case,
the members of the firm are First refusal, right of. 1.
the experienced attorneys. The right to have the first
[Cayetano v. Monsod, GR opportunity to purchase real
100113. Sep. 3, 1991]. estate when such becomes
available, or the right to
First class ricelands. Those meet any other offer.
which yield more than forty [Black’s Law Dict., Abr. 5th
cavans per hectare, the Ed. (1983), 395]. 2. A right
same to be computed upon given to a person to be the
the normal average harvest first person allowed to
of the three preceding years. purchase a certain object if it
[Sec. 14, RA 2263]. is ever offered for sale. The
owner of this right is the first
First jeopardy. Elements: (a) to be offered the designated
Court of competent object if it is ever to be
jurisdiction; (b) valid offered for sale. [Duhaime's
complaint or information; (c) Legal Dict., 2004].
arraignment and a (d) valid
plea [People v. Ylagan, 58 Fiscal adequacy. One of the
Phil. 851; 853]; (e) the characteristics of a sound
defendant was acquitted or tax system which requires
convicted or the case was that sources of revenues
dismissed or otherwise must be adequate to meet
terminated without the government expenditures
express consent of the and their variations. [Chavez
accused. [People v. Declaro, v. Ongpin, GR 76778. June 6,
GR 64362, Feb. 9, 1989, 170 1990].
SCRA 142].
Fiscal autonomy. 1. As
envisioned in the
436
Constitution, the autonomy crustaceans (crabs, prawns,

enjoyed by the Judiciary, the shrimps and lobsters),
Civil Service Commission, mollusks (clams, mussels,
the Commission on Audit, scallops, oysters, snails and
the Commission on other shellfish). [Sec. 3, PD
Elections, and the Office of 43].
the Ombudsman (which)
contemplates a guarantee of Fish and fishery or aquatic
full flexibility to allocate and products. This includes not
utilize their resources with only finfish but also
the wisdom and dispatch mollusks, crustaceans,
that their needs require. It echinoderms, marine
recognizes the power and mammals, and all other
authority to levy, assess and species of aquatic flora and
collect fees, fix rates of fauna and all other products
compensation not exceeding of aquatic living resources in
the highest rates authorized any form. [Sec. 4, RA 8550].
by law for compensation and
play plans of the Fish cage. An enclosure
government and allocate which is either stationary or
and disburse such sums as floating made up of nets or
may be provided by law or screens sewn or fastened
prescribed by them in the together and installed in the
course of the discharge of water with opening at the
their functions. 2. Freedom surface or covered and held
from outside control. in a place by
[Bengzon v. Drilon, GR wooden/bamboo posts or
103524. Apr. 15, 1992]. various types of anchors and
floats. [Sec. 4, RA 8550].
Fiscal year. 1. An accounting
period of twelve (12) months Fish corral or Baklad. A
ending on the last day of any stationary weir or trap
month other than December. devised to intercept and
[Sec. 22, NIRC, as amended]. capture fish consisting of
2. The period beginning with rows of bamboo stakes,
the first day of January and plastic nets and other
ending with the thirty-first materials fenced with split
day of December of each blood mattings or wire
calendar year. [Sec. 2, Chap. mattings with one or more
1, Book VI, EO 292]. enclosures, usually with easy
Compare with Calendar entrance but difficult exit,
year. and with or without leaders
to direct the fish to the
Fish. All fishes and other catching chambers, purse or
aquatic animals such as
437
bags. [Sec. 4, RA 8550; Sec. all aquatic resources and

3, PD 704]. fisheries areas. [Sec. 4, RA
8435]. 2. All activities
Fisherfolk. People directly or relating to the act or
personally and physically business of fishing, culturing,
engaged in taking and/or preserving, processing,
culturing and processing marketing, developing,
fishery and/or aquatic conserving and managing
resources. [Sec. 4, RA 8550]. aquatic resources and the
fishery areas, including the
Fisherfolk cooperative. A privilege to fish or take
duly registered association aquatic resource thereof.
of fisherfolk with a common [Sec. 4, RA 8550].
bond of interest, who have
voluntarily joined together to Fisheries Decree of 1975.
achieve a lawful common PD 704 entitled “Revising
social or economic end, and consolidating all laws
making equitable and decrees affecting fishing
contribution to the capital and fisheries” signed into
requirement and accepting a law on May 16, 1974.
fair share of the risks and
benefits of the undertakings Fisheries sector. The sector
in accordance with engaged in the production,
universally accepted growing, harvesting,
cooperative principles. [Sec. processing, marketing,
4, RA 8550]. developing, conserving, and
managing of aquatic
Fisherfolk organization. An resources and fisheries
organized group, areas. [Sec. 4, RA 8435].
association, federation,
alliance or an institution of Fishery. The business of
fisherfolk which has at least catching, taking, handling,
fifteen (15) members, a set marketing and preserving
of officers, a constitution and fish or other fishery/aquatic
by-laws, an organizational products; the fishing
structure and a program of grounds; and the right to fish
action. [Sec. 4, RA 8550]. or take such products
therefrom. [Sec. 3, PD 704].
Fisheries. 1. All systems or
networks of interrelated Fishery industry. 1. Fish
activities which include the produces, fish processors,
production, growing, fish traders, both
harvesting, processing, wholesalers and retailers,
marketing, developing, and owners of refrigerating
conserving, and managing of and cold storage plants
438
serving the industry. [Sec. 3,

PD 704]. 2. The production, Fishery reserve. A
processing, preservation, designated area where
marketing and distribution of activities are regulated and
fish and fishery products. set aside for educational and
[Sec. 3, PD 43]. research purposes. [Sec. 4,
RA 8550].
Fishery industry,
components of the. Fish Fishery species. All aquatic
producers, fish processors, flora and fauna including,
fish traders both wholesalers but not restricted to, fish,
and retailers, and owners of algae, coelenterates,
refrigerating and cold mollusks, crustaceans,
storage plants serving the echinoderms and cetaceans.
industry. [Sec. 3, PD 43]. [Sec. 4, RA 8550].
Fishery management Fish fingerlings. A stage in

areas. A bay, gulf, lake or the life cycle of the fish
any other fishery area which measuring to about 6-13 cm.
may be delineated for depending on the species.
fishery resource [Sec. 4, RA 8550].
management purposes.
[Sec. 4, RA 8550]. Fish fry. A stage at which a
fish has just been hatched
Fishery operator. One who usually with sizes from 1-2.5
owns and provides the cm. [Sec. 4, RA 8550].
means including land, labor,
capital, fishing gears and Fishing. 1. The taking of
vessels, but does not fishery species from their
personally engage in fishery. wild state of habitat, with or
[Sec. 4, RA 8550]. without the use of fishing
vessels. [Sec. 4, RA 8550]. 2.
Fishery products. All The application of
products of aquatic living techniques using various
resources in any form. [Sec. gear in catching fish and
3, PD 43]. other fisheries products.
[Sec. 4, RA 8435].
Fishery refuge and
sanctuaries. A designated Fishing boat. 1. Also Gear
area where fishing or other license. A permit to operate
forms of activities which may specific types of fishing
damage the ecosystem of boat/gear for specific
the area is prohibited and duration in areas beyond
human access may be municipal waters for
restricted. [Sec. 4, RA 8550]. demersal or pelagic fishery
439
resources. [Sec. 4, RA 8550]. or other chemical

2. All boats, such as bancas, compounds that contain
sailboats, motor boats or any combustible elements or
other type of watercraft, ingredients which upon
whether licensed or not, ignition by friction,
used for fishing purposes: concussion, percussion or
Provided, That any such boat detonation of all or parts of
used for the purpose of the compound, will kill,
transporting the fish in the stupefy, disable or render
course of fishing operations unconscious any fishery
shall be considered as a species. [Sec. 4, RA 8550;
fishing boat. [Sec. 3, PD Sec. 3, PD 704; Sec. 1, PD
704]. 534].
Fishing gear. Any instrument Fishing with the use of

or device and its accessories noxious or poisonous
utilized in taking fish and substances. 1. The use of
other fishery species. [Sec. any substance, plant
4, RA 8550]. extracts or juice thereof,
sodium cyanide and/or
Fishing grounds. Areas in cyanide compounds or other
any body of water where fish chemicals either in a raw or
and other aquatic resources processed form, harmful or
congregate and become harmless to human beings,
target of capture. [Sec. 4, RA which will kill, stupefy,
8435]. disable or render
unconscious any fishery
Fishing vessel. Any boat, species and aquatic
ship or other watercraft resources and capable of
equipped to be used for damaging and altering the
taking of fishery species or natural habitat. [Sec. 4, RA
aiding or assisting one (1) or 8550]. 2. The use of any
more vessels in the substance or chemical,
performance of any activity whether in raw or processed
relating to fishing, including, form, harmful or harmless,
but not limited to, which kill, stupefy, disable,
preservation, supply, or render unconscious fish or
storage, refrigeration, fishery/aquatic products.
transportation and/or [Sec. 3, PD 704; Sec. 1, PD
processing. [Sec. 4, RA 534].
8550].
Fish pen. 1. An artificial
Fishing with the use of enclosure constructed within
explosives. The use of the a body of water for culturing
dynamite, other explosives fish and fishery/aquatic
440
resources made up of poles

closely arranged in an Fishworker. A person
enclosure with wooden regularly or not regularly
materials, screen or nylon employed in commercial
netting to prevent escape of fishing and related
fish. [Sec. 4, RA 8550]. 2. industries, whose income is
Fish enclosure made of either in wage, profit-sharing
closely-woven bamboo or stratified sharing basis,
screens or nets, or other including those working in
materials attached to poles fish pens, fish cages, fish
staked to the water bottom corrals/traps, fishponds,
for the purpose of growing prawn farms, sea farms, salt
and/or culture of fish to beds, fish ports, fishing boat
various sizes in both fresh or trawlers, or fish
and salt water areas. [Sec. 3, processing and/or packing
PD 704]. plants. [Sec. 4, RA 8550].
Fish plates. Strips of iron 8" Fit for human

to 12" long and 3 1/2" thick consumption. An implied
which are attached to the warranty by the seller to the
rails by 4 bolts, two on each buyer of food. [Torres, Oblig.
side, to keep the rails & Cont., 2000 Ed., p. 351].
aligned. [Ma-Ao Sugar
Central Co., Inc. v. CA, GR Five air freedoms. Intl. Law.
83491. Aug. 27, 1990]. (a) to fly across territory
without landing; (b) the
Fishpond. A land-based freedom to land for non-
facility enclosed with traffic purposes; (c) the
earthen or stone material to freedom to put down traffic
impound water for growing originating in the state of the
fish. [Sec. 4, RA 8550]. aircraft; (d) the freedom to
embark traffic destined for
Fishponds. Bodies of water the state of the aircraft; and
enclosed by dikes of earth or (e) the freedom to embark
other material constructed traffic destined for, or to put
for the care and down traffic coming from, a
conservation of fish, for third state. [Cruz, Intl. Law
purposes of profit; in this Reviewer, 1996 Ed., p. 76].
respect fishponds and its
waters are artificial, not Fixation. The embodiment of
natural, as they are sounds, or of the
constructed through human representations thereof,
effort and labor. [De Guzman from which they can be
v. Mun. of Taytay, GR 43626. perceived, reproduced or
Mar. 7, 1938].
441
communicated through a Flag salute law. RA 1265

device. [Sec. 202, RA 8293]. entitled “An Act making flag
ceremony compulsory in all
Fixed price contract. A educational institutions”
contract (with) a fixed price, enacted on June 11, 1955.
i.e., not subject to
escalation. [Baylen Corp. v. Flag state. The state that
CA, GR 76787. Dec. 14, allows a ship to fly its flag
1987]. and that grants the ship its
nationality. [Intl. Law Dict. &
Flag and Heraldic Code of Direct., 2004].
the Philippines. RA 8491
entitled “An Act prescribing Flammable. Any substance
the code of the national flag, or material that is highly
anthem, motto, coat-of-arms combustible and self-igniting
and other heraldic items and by chemical reaction and
devices of the Philippines” shall include but not limited
enacted on Feb. 12, 1998. to acrolein, allene, aluminum
dyethyl monochloride, and
Flag of convenience. The other aluminum compounds,
granting of nationality (and ammonium chlorate and
the right to fly a flag) to a other ammonium mixtures
ship by a state when there is and other similar substances
little or no connection (such or materials. [Sec. 5, RA
as ownership, nationality of 6235].
the crew, routes followed,
etc.) between the ship and Flash point. The minimum
the state. [Intl. Law Dict. & temperature at which any
Direct., 2004]. material gives off vapor in
sufficient concentration to
Flag of truce. Intl. Law. A form an ignitable mixture
white flag carried by an with air. [Sec. 3, PD 1185].
individual authorized by one
belligerent to enter into Flesh wound. A wound which
communications with the is superficial in nature.
other belligerent. The [Moreno’s Law Dict., 2000
bearer, or parlementaire, is Ed., p. 181].
entitled to inviolability as
long as he does not take Flexible constitution. A
advantage of his privileged constitution which can be
position to commit an act of changed by ordinary
treachery. [Cruz, Intl. Law legislation. [Suarez, Pol. Law
Reviewer, 1996 Ed., p. 142]. Reviewer, 1st Ed., 2002, pp.
9]. Compare with Rigid
constitution.
442
Floating status. 1. An
Flexible work schedule of a indefinite period of time
solo parent. The right when (employees) do not
granted to a solo parent receive any salary or
employee to vary his/her financial benefit provided by
arrival and departure time law. 2. (Employees who)
without affecting the core remained without work or
work hours as defined by the assignment x x x for a
employer. [Sec. 3, RA 8972]. (certain) period. [Agro
Commercial Security
Flight to enemy's country. Services Agency, Inc. v.
Crim. Law. The felony NLRC, GR 82823-24. July 31,
committed by any person 1989].
who, owing allegiance to the
(Philippine) Government, Floor-wage method. A
attempts to flee or go to an method used in legislation
enemy country when involving the fixing of
prohibited by competent determinate amount that
authority. [Art. 121, RPC]. would be added to the
prevailing statutory
Flip-flopping or flipping. minimum wage. [ECOP v.
The stances of an agency or NWPC, GR 96169. Sep. 24,
board whereby, after 1991, quoting NWPC's Order
absolving (a person) in a of Nov. 6, 1990]. Compare
decision that became final, it with Salary-ceiling-
reversed itself and found method.
that he was guilty, based on
the same evidence it had Fluvial domain. See
rejected in its first decision. Maritime domain.
[Fruto v. Reyes, GR 82304.
Nov. 29, 1989]. Fly. The part of the flag
outside the hoist or length.
Floating law clause. A [Sec. 3, RA 8491].
clause in a contract which
permits one party to the FOB. See Free on Board.
contract to choose the
applicable law, after a Follow-up. The monitoring of
predetermined event has a newborn with a heritable
occurred. Such clauses have condition for the purpose of
been criticized for lending ensuring that the newborn
themselves to evasion of the patient complies fully with
law. [Tetley, Glossary of the medicine of dietary
Conflict of Laws, 2004]. prescriptions. [Sec. 4, RA
9288].

443
Food. Any substance, Food-grade salt. Salt for

whether processed, semi- human and animal
processed or raw, intended consumption as
for human consumption and distinguished from industrial
includes chewing gum, salt. [Sec. 4, RA 8172].
drinks and beverages and
any substance which has Food security. 1. The policy
been used as an ingredient objective, plan and strategy
or a component in the of meeting the food
manufacture, preparation or requirements of the present
treatment of food. [Art. 4, RA and future generations of
7394]. Filipinos in substantial
quantity, ensuring the
Food additive. Any availability and affordability
substance, the intended use of food to all, either through
of which results or may local production or
reasonably be expected to importation, or both, based
result, directly or indirectly, on the country's existing and
in its becoming a component potential resource
or otherwise affecting the endowment and related
characteristics of any food production advantages, and
(including any substance consistent with the overall
intended for use in national development
producing, manufacturing, objectives and policies. [Sec.
packing, processing, 4, RA 8435]. 2. Any plan,
preparing, treating, policy or strategy aimed at
packaging, transporting, or ensuring adequate supplies
holding food; and including of appropriate food at
any source of radiation affordable prices. [Sec. 4, RA
intended for any such use), if 8550].
such substance is not
generally recognized, among Footpath. See Path walk.
experts qualified as having
been adequately shown Forbearance. The
through scientific procedures contractual obligation of the
to be safe under the creditor to forbear during a
conditions of the intended given period to require of
use. [Art. 4, RA 7394]. the debtor payment of an
existing debt then due and
Food fortification. The payable. [Martin,
addition of nutrients to Commentaries and Jurisp. on
processed foods at levels Comml. Laws, Vol. 1, 1988
above the natural state. Rev. Ed., p. 418].
[Sec. 4, RA 8172].

444
For cause. That means "a and any cause that herein
guarantee of both described over which the
procedural and substantive affected party has no
due process” (in the removal reasonable control. [Sec. 3,
or suspension of a civil RA 7942]. 2. Inevitable
service officer or employee). accident or casualty; an
[Dario v. Mison, GR 86241. accident produced by any
Aug. 8, 1989]. physical cause which is
irresistible; such as lightning,
Forced heirs. See tempest, perils of the sea,
Compulsory heirs. inundation, or earthquake;
the sudden illness or death
Forced labor and slavery. of a person. [Gotesco
The extraction of work or Investment Corp. v. Chatto,
services from any person by GR 87584. June 16, 1992,
means of enticement, citing 2 Blackstone's
violence, intimidation or Commentaries, 122].
threat, use of force or
coercion, including Force majeure. Elements
deprivation of freedom, that must concur to exempt
abuse of authority or moral party from liability, under
ascendancy, debt-bondage Art. 1174 of the Civil Code:
or deception. [Sec. 3, RA (a) the cause of the breach
9208]. of the obligation must be
independent of the human
Force majeure. Also Caso will (the will of the debtor or
fortuito. Fr. Act of God. 1. the obligor); (b) the event
Acts or circumstances must be either
beyond the reasonable unforeseeable or
control of the contractor unavoidable; (c) the event
including, but not limited to, must be such as to render it
war, rebellion, insurrection, impossible for the debtor to
riots, civil disturbance, fulfill his obligation in a
blockade, sabotage, normal manner; and (d) the
embargo, strike, lockout, any debtor must be free from
dispute with surface owners any participation in, or
and other labor disputes, aggravation of the injury to
epidemic, earthquake, the creditor [Lasam v. Smith,
storm, flood or other adverse 45 Phil. 657 (1924); Austria
weather conditions, v. CA, 39 SCRA 527 (1971);
explosion, fire, adverse Vasquez v. CA, 138 SCRA
action by government or by 553 (1985); Nakpil & Sons v.
any instrumentality or CA, 144 SCRA 596 (1986)].
subdivision thereof, act of
God or any public enemy
445
Forcible abduction. Crim. which the right of a person

Law. The abduction of any against real or personal
woman against her will and property is determined and
with lewd designs. [Art. 342, enforced. [Torres, Oblig. &
RPC]. Compare with Cont., 2000 Ed., p. 351]. 2.
Consented abduction. The judicial or extra-judicial
procedure by which a
Forcible abduction with mortgagee-creditor or one
rape. Crim. Law. Elements: who has succeeded to his
(a) The taking of a woman rights is allowed to have the
against her will; (b) the mortgaged property sold so
taking is with lewd designs that from the proceeds of
32 and (c) the rape of the said sale, the debt may be
woman was accomplished satisfied. 2. A court
through force or proceeding upon default in a
intimidation. [People v. mortgage to vest title in the
Aczon, GR 93029. Aug. 10, mortgagee. [Glossary of
1993, citing Art. 342, RPC]. Legal Terms (Pro-Se), 2004].
Forcible entry. 1. Summary Foreign agent. Any person

and expeditious procedure who acts or agrees to act as
by which a person seeks to political consultant, public
recover material or physical relations counsel, publicity
possession of any land or agent, information
building taken from him by representative, or as agent,
force, intimidation, strategy, servant, representative, or
threat or stealth. [e.g., when attorney for a foreign
an intruder occupies by principal or for any domestic
force, the proper civil organization subsidized
remedy is forcible entry]. 2. directly or indirectly in whole
The unlawful deprivation of or in part by a foreign
the possession of any land or principal. The term foreign
building by force, agent shall not include a
intimidation, threat, duly accredited diplomatic or
strategy, or stealth. [Sec. 1, consular officer of a foreign
Rule 70, RoC]. country or officials of the
United Nations and its
Forcing. A process where a agencies and of other
piece of metal is heated international organizations
prior to changing its shape recognized by the Republic
or dimensions. [Sec. 3, PD of the Philippines while
1185]. engaged in activities within
the scope of their legitimate
Foreclosure of mortgage. functions as such officers or
1. A proceeding in court by a bona fide member or
446
employee of a foreign press any laws other than those of

service or news organization the Philippines and whose
while engaged in activities laws allow Filipino citizens
within the scope of his and corporations to do
legitimate functions as such. business in its own country
[Sec. 3, BP 39]. or state. It shall have the
right to transact business in
Foreign Agents Act of the Philippines after it shall
1979. BP 39 entitled “An Act have obtained a license to
regulating the activities and transact business in this
requiring the registration of country in accordance with
foreign agents in the the Corporation Code and a
Philippines” enacted on Sep. certificate of authority from
7, 1979. the appropriate government
agency. [Sec. 123, Corp.
Foreign air carrier. An air Code]. Compare with
carrier who is not a citizen of Domestic corporation.
the Philippines, and/or an air
carrier other than a domestic Foreign currency
air carrier. [Sec. 3, RA 776]. denominated sale. Sale to
a nonresident of goods,
Foreign air commerce. Air except those mentioned in
commerce between the Secs. 149 and 150 of the
Philippines and any place National Internal Revenue
outside it. [Sec. 3, RA 776]. Code, assembled or
manufactured in the
Foreign air transportation. Philippines for delivery to a
Air transportation between resident in the Philippines,
the Philippines and any place paid for in acceptable
outside it, or wholly outside foreign currency and
the Philippines. [Sec. 3, RA accounted for in accordance
776]. with the rules and
regulations of the Bangko
Foreign bill of exchange. Sentral ng Pilipinas (BSP).
Nego. Inst. A bill which on its [Sec. 105, NIRC, as
face does not purport to be amended].
both drawn and payable
within the Philippines. [Diaz, Foreign Currency Deposit
Bus. Law Rev., 1991 Ed., p. Act of the Philippines. RA
366]. Compare with Inland 6426 entitled “An Act
bill of exchange. instituting a foreign currency
deposit system in the
Foreign corporation. A Philippines, and for other
corporation formed, purposes” enacted on Apr. 4,
organized or existing under 1972.
447
banks, foreign exchange

Foreign customer. A person brokers, and foreign
or any entity, corporation, or exchange dealers who
organization carrying on facilitate the exchange of
business or other activities currencies. [Intl. Law Dict. &
outside the Philippines, and Direct., 2004].
may include a foreign
government. [Sec. 3, RA Foreign flag vessel. A
6424]. vessel or watercraft
registered under the laws of
Foreign diplomat. Any a country other than the
authorized diplomatic Philippines. [Sec. 3, PD 474].
representative of the
requesting state or Foreign government. The
government and recognized government of a country,
as such by the Sec. of other than the Philippines, or
Foreign Affairs. [Sec. 2, PD of any political subdivision or
1069]. agency thereof. [Sec. 3, RA
6424].
Foreign element. Conf. of
Laws. A factual situation that Foreign investments. Equity
cuts across territorial lines investment, owned by a non-
and is thus affected by the Philippine National in a
diverse laws of two or more registered enterprise, made
states. [Agpalo, Conflict of in the form of foreign
Laws, p. 4]. exchange or other assets
actually transferred to the
Foreign exchange. 1. Philippines and registered
Foreign currency notes, with the Central Bank(now
coins, checks, letters of Bangko Sentral) and the
credits, drafts, bills of Board of Investments, which
exchange or other shall assess and appraise
instruments customarily the value of such assets
employed for international other than foreign exchange.
transfer. [Sec. 3, PD 1883]. [Sec. 3, RA 5186].
2. Any medium for effecting
international payments. Foreign judgment. In a strict
[Sec. 1, RA 426]. 3. The sense, a judgment rendered
conversion of the money of by a court of a foreign
one state into that of country. [Moreno’s Law Dict.,
another state. [Intl. Law Dict. 2000 Ed., p. 183].
& Direct., 2004].
Foreign loan. Any credit
Foreign exchange market. facility or financial
An informal network of assistance other than equity
448
investment obtained by a without its consent. The

registered enterprise from a principle of absolute
source outside the sovereign immunity has
Philippines and brought into eventually been replaced by
the Philippines either in the doctrine of restrictive
foreign exchange or in other sovereign immunity. [Tetley,
assets and registered with Glossary of Conflict of Laws,
the Central Bank (now 2004].
Bangko Sentral) and the
Board of Investments, which Forensic medicine. The
shall assess and appraise branch of medicine the
the assets other than foreign object of which is to place
exchange representing the medical knowledge at the
proceeds of the loan. [Sec. 3, disposal of the
RA 5186]. administration of justice,
both civil and criminal.
Foreign-owned [Gregorio, Fund. of Crim.
corporation. Any Law Rev., 1997 9th Ed.].
corporation, partnership,
association, or cooperative Foreseeability. The
duly registered in reasonable anticipation that
accordance with law in which some harm or injury is a
less than fifty per centum likely result of an act or a
(50%) of the capital is owned failure to act. [Intl. Law Dict.
by Filipino citizens. [Sec. 3, & Direct., 2004].
RA 7942].
Foreseeability test. A
Foreign principal. The breaching party is liable only
government of a foreign for those damages which he
country or a foreign political or she foresaw or ought to
party; a foreigner located have foreseen. [Intl. Law
within or outside the Dict. & Direct., 2004].
jurisdiction of the Republic of
the Philippines; or a Foreshore land. 1. A string
partnership, association, of land margining a body of
corporation, organization or water; the part of a seashore
other entity owned or between the low-water line
controlled by foreigners. usually at the seaward
[Sec. 3, BP 39]. margin of a low tide terrace
and the upper limit of wave
Foreign sovereign wash at high tide usually
immunity. A doctrine marked by a beach scarp or
precluding the institution of berm. [Sec. 4, RA 8550]. 2.
an action against the The strip of land that lies
government of a country between the high and low
449
water marks and that is recreational and geologic

alternatively wet and dry resources in forest lands.
according to the flow of the [Sec. 68, PD 705].
tide. [Rep. v. Alagad, GR
66807. Jan. 26, 1989]. Forest reservations. Forest
lands which have been
Forest. Vast tracts of wooded reserved by the President of
land with dense growths of the Philippines for any
trees and underbush. It is specific purpose or purposes.
descriptive of what appears [Sec. 3, PD 705].
on the land but is not a legal
status nor a classification for Forest reserves. See
legal purposes. [Rep. v. CA, Permanent forest.
GR L-56948. Sep. 30, 1987].
Compare with Timber land. Forestry Code. See Revised
Forestry Code of the
Forest charge. A tax not on Philippines.
the minerals, but upon the
privilege of severing or Forestry profession,
extracting the same from practice of. The scientific
the earth. [Comm. of Int. conservation and
Rev. v. Guerrero, GR L- management of forests for
19074. Feb. 31, 1967]. the continuous and judicious
utilization of forests
Forest land. Lands of the products; including services
public domain which have in the form of forestry
not been declared as consultation, investigation,
alienable or disposable, planning, preparation, and
public forests, permanent implementation of
forests or forest reserves, management plans for
forest reservations, forests and national park
timberlands, grazing lands, areas and the determination
game refuge, and bird of the suitability of public
sanctuaries. [Sec. 4, RA forest land for pasture or
7900]. Also Timber land. agricultural land; logging,
forest reconnaissance and
Forest product. This timber estimate; scaling and
includes timber, pulpwood, grading of logs and lumber;
firewood, bark, tree top, identification of woods and
resin, gum, wood, oil, honey, other forestry products;
beeswax, nipa, rattan, or administration, management
other forest growth such as and supervision of forest
grass, shrub, and flowering plantation and tree farm
plant, the associated water, leases within public forests;
fish, game, scenic, historical, protection and conservation
450
of game and wildlife; intent to defraud. [Intl. Law

preparation and Dict. & Direct., 2004].
implementation of
reforestation and Forgery; how committed.
afforestation plans; Crim. Law. The felony
supervision of any forestry committed: (a) by giving to a
activity requiring the treasury or bank note or any
application of forestry instrument, payable to
principles; and such other bearer or order mentioned
activities as related to forest therein, the appearance of a
protection, silviculture, and true genuine document; or
maintenance or restoration (b) by erasing, substituting,
of necessary ecological counterfeiting or altering by
balance. [Sec. 2, RA 6239]. any means the figures,
letters, words or signs
Forfeiture. 1. A divestiture of contained therein. [Art. 169,
property without RPC].
compensation, in
consequence of a default or Forging treasury or bank
an offense. [Cabal v. notes on other
Kapunan, GR L-19052. Dec. documents payable to
29, 1962, citing 23 Am. Jur. bearer; importing, and
599]. 2. The incurring of a uttering such false or
liability to pay a definite sum forged notes and
of money as the documents. Crim. Law. The
consequence of violating the felony committed by forging
provisions of some statute or or falsification of treasury or
refusal to comply with some bank notes or certificates or
requirement of law. It may other obligations and
be said to be a penalty securities payable to bearer
imposed for misconduct or and the importation and
breach of duty. [Cabal v. uttering in connivance with
Kapunan, GR L-19052. Dec. forgers or importers of such
29, 1962, citing Com. v. false or forged obligations or
French, 114 S.W. 255]. 3. A notes. [Art. 166, RPC].
cancellation. A legal action
whereby a contract Forgotten evidence.
purchaser following default Evidence already in
loses all his interest in the existence or available before
property. [Glossary of Legal or during trial, which was
Terms (Pro-Se), 2004]. known to and obtainable by
the party offering it and,
Forgery. The false making or which could have been
altering of a writing with the presented and offered in a
seasonable manner were it
451
not for the oversight or cause surprise to the

forgetfulness of such party accused and affect the form
or his counsel. [Tumang v. of defense he has or will
CA, GR 82072. Apr. 17, assume; and (d) an
1989]. amendment which does not
adversely affect any
Formal. The term may be substantial right of the
taken to mean official, accused, such as his right to
regular, definite, fixed, invoke prescription.
explicit, positive, proper, [Teehankee, Jr. v. Madayag,
solemn, and not necessarily GR 103102. Mar. 6, 1992].
written. [Moreno’s Law Dict., Compare with Substantial
2000 Ed., p. 184]. amendment.
Formal act. An instrument Formal crimes. Those crimes

acknowledged before a which are always
notary public. [Moreno’s Law consummated by a single
Dict., 2000 Ed., p. 184]. act like slander. [Gregorio,
Fund. of Crim. Law Rev.,
Formal amendment. Civ. 1997 9th Ed., p. 33].
Pro. 1. The summary
correction by the court of a Formal education. 1. The
defect in the designation of systematic and deliberate
the parties and other clearly process of hierarchically
clerical or typographical structured and sequential
errors at any stage of the learning corresponding to
action, at its initiative or on the general concept of
motion, provided no elementary and secondary
prejudice is caused thereby level of schooling. At the end
to the adverse party. [Sec. 4, of each level, the learner
Rule 10, RoC]. 2. needs a certification in order
Amendments held to be to enter or advance to the
merely formal, viz.: (a) new next level. [Sec. 4, RA 9155].
allegations which relate only 2. The hierarchically
to the range of the penalty structured and
that the court might impose chronologically graded
in the event of conviction; learning organized and
(b) an amendment which provided by the formal
does not charge another school system and for which
offense different or distinct certification is required in
from that charged in the order for the learner to
original one; (c) additional progress through the grades
allegations which do not or move to higher levels.
alter the prosecution's [Sec. 20, BP 232].
theory of the case so as to
452
Formal offer. Evid. The their industry or work, if the

formal offer made by the act shall not constitute a
proponent stating the more serious offense in
specific purpose for which accordance with the
the evidence is offered, after provisions of the Rev. Penal
the termination of the Code. [Art. 289, RPC].
testimonial evidence. [Sec.
34, Rule 132, RoC]. Formula feeding. The
feeding of a newborn with
Formal offer of infant formula usually by
documentary evidence as bottle-feeding. It is also
an exhibit. Evid. Offer done called artificial feeding. [Sec.
only when the party rests its 3, RA 7600].
case and not before.
[Interpacific Transit v. Aviles, Fortificant. A substance, in
GR 86062. June 6, 1990]. chemical or natural form,
Compare with added to food to increase its
Identification of nutrient value. [Sec. 3, RA
documentary evidence. 8976].
Forma pauperis. Lat. Fortification. The addition of

Character or manner of a nutrients to processed foods
pauper. 1. Permission given or food products at levels
to a poor person (i.e. above the natural state. As
indigent) to proceed without an approach to control
liability for court fees or micronutrient deficiency,
costs. [Black’s Law Dict., food fortification is addition
Abr. 5th Ed. (1983), 398]. of a micronutrient,
deficiency in the diet, to a
Formation, maintenance food which is widely
and prohibition of consumed by a specific at-
combination of capital or risk groups. [Sec. 3, RA
labor through violence or 8976].
threats. Crim. Law. The
felony committed by any Fortuitous event. Any event
person who, for the purpose which could not be foreseen,
of organizing, maintaining or or which, though foreseen,
preventing coalitions or were inevitable. [Art. 1174,
capital or labor, strike of CC].
laborers or lock-out of
employees, shall employ Fortuitous event.
violence or threats in such a Characteristics: (a) The
degree as to compel or force cause of the unforeseen and
the laborers or employers in unexpected occurrence, or
the free and legal exercise of the failure of the debtor to
453
comply with his obligations, jurisdiction to hear the claim,

must be independent of the in order to ensure that
human will; (b) it must be justice is done. [Tetley,
impossible to foresee the Glossary of Conflict of Laws,
event which constitutes the 2004].
caso fortuito, or if it can be
foreseen, it must be Forum non conveniens. Lat.
impossible to avoid; (c) the Inappropriate or
occurrence must be such as inconvenient court. The
to render it impossible for principle whereby a court
the debtor to fulfill his which has jurisdiction over a
obligation in a normal claim, nevertheless stays
manner; and, (d) the obligor conditionally or, dismisses
must be free from any conditionally or
participation in the unconditionally the suit, in
aggravation of the injury order that the claim may be
resulting to the creditor. tried in another jurisdiction
Based on the foregoing, in to which the defendant is
order that a fortuitous event amenable and which the
may exempt a person from court believes is more
liability, it is necessary that appropriate or convenient
he be free from negligence. for the litigation, including
[Metal Forming Corp. v. the interests of justice.
Office of the Pres., GR L- [Tetley, Glossary of Conflict
111386. Aug. 28, 1995]. of Laws, 2004].
Forum. Lat. The public Forum organization. An

market or paved court of a intergovernmental
Roman city where judicial organization that serves
and public business was primarily as a meeting place
transacted. (a) The place for discussions, negotiations,
where a legal decision is adjudications, and related
made. (b) The court or locale activities. [Intl. Law Dict. &
wherein causes are judicially Direct., 2004].
tried. [Intl. Law Dict. &
Direct., 2004]. Forum selection clause. A
provision in a contract
Forum conveniens. Lat. designating a particular
Appropriate or convenient court or tribunal to resolve
court. The principle whereby any dispute that may arise
a court which would not concerning the contract.
normally have jurisdiction [Intl. Law Dict. & Direct.,
over a claim nevertheless 2004].
accepts jurisdiction, because
there is no other appropriate
454
Forum shopping. Civ. Pro. 1. impositions on its jurisdiction

The act of a party against where it is not the most
whom an adverse judgment convenient or available
has been rendered in one forum and the parties are
forum, of seeking another not precluded from seeking
(and possibly favorable) remedies elsewhere. [First
opinion in another forum Phil. Intl. Bank v. CA, GR
other than by appeal or the 115849. Jan. 24, 1996, citing
special civil action of Salonga, Private Intl. Law,
certiorari, or the institution 1995 ed., p. 56 et seq.].
of two (2) or more actions or
proceedings grounded on Forwarder. One who, by the
the same cause on the nature of his business,
supposition that one or the accepts the placement or
other court might look with delivery of whatever goods,
favor upon the party. involving no more than a
[Ortigas & Company Ltd. mere physical transfer of the
Partnership v. Velasco, 234 items from the seller. When
SCRA 455, 500 (1994)]. 2. such items are to be shipped
This occurs whenever, as a overseas, the delivery of the
result of an adverse opinion goods to it is a mere
in one forum, a party seeks a preparatory step for their
favorable opinion (other than eventual shipment.
by appeal or certiorari) in [Moreno’s Law Dict., 2000
another. [Villanueva v. Adre, Ed., p. 186].
172 SCRA 876, 882 (1989)].
3. It originated as a concept Forward shifting. Tax Law.
in private international law, The transfer of the burden of
where non-resident litigants the tax from a factor of
are given the option to production through the
choose the forum or place factors of distribution until it
wherein to bring their suit finally settles on the ultimate
for various reasons or purchaser or consumer. [De
excuses, including to secure Leon, Fundamentals of
procedural advantages, to Taxation, 2000 Ed., p. 55].
annoy and harass the
defendant, to avoid Foul bill of lading. A bill
overcrowded dockets, or to which contains a notation
select a more friendly venue. therein that the goods
To combat these less than covered by it are in bad
honorable excuses, the condition. [Moreno’s Law
principle of forum non Dict., 2000 Ed., p. 186].
conveniens was developed
whereby a court, in conflicts Foundations. Combinations
of law cases, may refuse of capital, independent of
455
individuals, and organized Four-factor balancing test.

principally for charitable, 1. The test to determine
medical, or educational whether an accused has
purposes (non-profit been denied the
purpose). [Paras, Phil. constitutional right to
Conflict of Laws, 8th Ed. speedy disposition of his
(1996), p. 442]. case, i.e., (a) length of the
delay; (b) reason for the
Founders' shares. Corp. delay; (c) assertion of the
Law. Shares classified as right or failure to assert it;
such in the articles of and (d) prejudice caused by
incorporation which may be the delay. [Dean Tupaz, 24
given certain rights and Hours Before the Bar (1st Ed.
privileges not enjoyed by the 2005), p. 50, citing People v.
owners of other stocks, Lacson, GR 149453, Apr. 1,
provided that where the 2003]. Also known as
exclusive right to vote and Balancing test.
be voted for in the election
of directors is granted, it FPA clause. Free from
must be for a limited period particular average clause.
not to exceed five (5) years [Claridades, A., Compilation
subject to the approval of of Notes, 2001-2006].
the SEC. [Sec. 7, Corp.
Code]. Franchise. 1. A right or
privilege, affected with
Fountain. A kind of sparkler public interest which is
conical in shape which is conferred upon private
lighted on the ground and persons or corporations,
designed to provide various under such terms and
rising colors and intermittent conditions as the
lights upon being ignited. government and its political
[Sec. 2, RA 7183]. subdivisions may impose in
the interest of public
Fourchette. Legal Med. A welfare, security, and safety.
small fold of membrane [Sec. 131, RA 7160]. 2. Any
connecting the labia minora special privilege or right
on the posterior part of the conferred by the State on
vulva (external) part of the corporations or persons and
female genital organ or the which does not belong to the
V-shaped appearance citizens of the country
formed by the union of the generally as a matter of
two labia posterity. common right. [De Leon,
[Moreno’s Law Dict., 2000 Corp. Code of the Phil.
Ed., p. 186]. Annotated, 1989 Ed., p. 85].
3. Special license that
456
requires the franchisee to 1993]. 3. Anything

work the licensed property calculated to deceive,
under the supervision and including all acts, omissions,
control of the franchisor. and concealment involving a
[Intl. Law Dict. & Direct., breach of legal or equitable
2004]. duty, trust, or confidence
justly reposed, resulting in
Franchise area. A damage to another, or by
geographical area which an undue and
exclusively assigned or unconscientious advantage
granted to a distribution is taken of another. [CIR v.
utility for distribution of CA. 257 SCRA 200 (1996)].
electricity. [Sec. 4, RA 9136].
Fraud by concealment.
Frangible disc. In the gas Fraud committed through
bottling trade, a piece of failure to disclose facts,
steel disc between the when there is a duty to
valves and the plugs reveal them, as when the
screwed thereto, of a parties are bound by
cylinder containing liquid confidential relations. [Art.
carbon dioxide, which acts 1339, CC].
as a safety device the
function of which is to burst Fraud in factum. Sometimes
when excessive pressure is known as Fraud in esse
built within the cylinder to contractus. That fraud
prevent the pressure vessel which destroys the contract
from exploding and itself. [Diaz, Bus. Law Rev.,
disintegrating. [Moreno’s 1991 Ed., p. 325].
Law Dict., 2000 Ed., p. 187].
Fraud orders. The instruction
Fraud. 1. The insidious words issued by the Director of
or machinations of one of Posts -- upon satisfactory
the contracting parties, by evidence that any person or
which the other is induced to company is engaged in
enter into a contract which, conducting any lottery, gift
without them, he would not enterprise, or scheme for the
have agreed to. [Art. 1338, distribution of money, or of
CC]. 2. The voluntary any real or personal property
execution of a wrongful act, by lot, chance, or drawing of
or a willful omission, any kind, or that any person
knowing and intending the or company is conducting
effects which naturally and any scheme, device, or
necessarily arise from such enterprise for obtaining
act or omission. [Legaspi Oil money or property of any
v. CA, GR 96505. July 1, kind through the mails by
457
means of false or fraudulent law. (b) Failing voluntarily to

pretenses, representations, issue a receipt, as provided
or promises -- to any by law, for any sum of
postmaster or other officer money collected by him
or employee of the Bureau officially. (c) Collecting or
(of Posts) to return to the receiving, directly or
person, depositing same in indirectly, by way of
the mails, with the word payment or otherwise things
'fraudulent' plainly written or or objects of a nature
stamped upon the outside different from that provided
cover thereof, any mail by law. [Art. 213, RPC].
matter of whatever class
mailed by or addressed to Fraudulent acts. See False
such person or company or pretenses.
the representative or agent
of such person or company. Fraudulent conveyance. A
[Sec. 1982, Rev. Admin. transaction by means of
Code]. which the owner of real or
personal property has
Frauds against the public sought to place the land or
treasury and similar goods beyond the reach of
offenses. Crim. Law. The his creditors, or which
felony committed by any operates to the prejudice of
public officer who: 1. In his their legal or equitable
official capacity, in dealing rights. [Moreno’s Law Dict.,
with any person with regard 2000 Ed., p. 189].
to furnishing supplies, the
making of contracts, or the Fraudulent designation of
adjustment or settlement of origin, and false
accounts relating to public description. Crim. Law. The
property or funds, shall enter felony committed by any
into an agreement with any person who by means of
interested party or false or fraudulent
speculator or make use of representation or
any other scheme, to declarations orally or in
defraud the Government; 2. writing or by other
Being entrusted with the fraudulent means shall
collection of taxes, licenses, procure from the patent
fees and other imposts, shall office or from any other
be guilty or any of the office which may hereafter
following acts or omissions: be established by law for the
(a) Demanding, directly, or purposes the registration of
indirectly, the payment of a trade-name, trade-mark or
sums different from or larger service mark or of himself as
than those authorized by the owner of such trade-
458
name, trade-mark or service contracting party upon the

mark or an entry respecting other, (b) It induced the
a trade-name, trade-mark or other party to enter into the
service mark. [Art. 189, contract; (c) It was serious;
RPC]. and, (d) It resulted in
damages and injury to the
Fraudulent insolvency. party seeking annulment.
Crim. Law. The felony [Alcasid v. CA, GR 104751,
committed by any person Oct. 7, 1994. 237 SCRA 419].
who shall abscond with his
property to the prejudice of Fraus est odiosa et non
his creditors, whether or not praesumenda. Lat. Fraud is
he be a merchant. [Art. 314, never presumed. It must be
RPC]. alleged and proven. [Cuizon
v. CA, GR 102096. Aug. 22,
Fraudulent registration of 1996].
trademark, trade name or
service mark. Crim. Law. Fraus et jus nunquam
The felony committed by any cohabitant. Lat. Law and
person who shall affix, apply, justice always abhor fraud.
annex or use in connection Fraud and justice never
with any goods or services or dwell or exist side by side.
any container or containers [Dir. of Lands v. CA, GR L-
for goods a false designation 45168. Jan. 27, 1981 ].
of origin or any false
description or representation Free. When used in a trade
and shall sell such goods or term, it means that the seller
services. [Art. 189, RPC]. has an obligation to deliver
goods to a named place for
Fraudulent return. Taxation. transfer to a carrier. [Intl.
1. The term implies Law Dict. & Direct., 2004].
intentional or deceitful entry
with intent to evade the Free alongside ship (FAS).
taxes due. [Aznar v. CA, GR A provision in a contract of
L-20569. Aug. 23, 1974]. 2. sale which requires the seller
It is always an attempt to to deliver the merchandise
evade a tax. [Comm. of Int. at a designated place for
Rev. v. Javier, GR 78953. July loading aboard ship. [Torres,
31, 1991]. Compare with Oblig. & Cont., 2000 Ed., p.
False return. 351].
Fraud vitiating consent for Free and prior informed

purposes of annulling a consent. The consensus of
contract. Elements: (a) It all members of the
was employed by a Indigenous Cultural
459
Communities/ Indigenous
Peoples (ICCs/IPs) to be Freedom constitution. The
determined in accordance provisional Philippine
with their respective Constitution promulgated
customary laws and under Proclamation No. 3
practices, free from any signed by former President
external manipulation, Corazon C. Aquino on Mar.
interference and coercion, 25, 1986.
and obtained after fully
disclosing the intent and Freedom of disposition.
scope of the activity, in a The liberty to dispose of
language and process one's estate by will when
understandable to the there are no forced heirs
community. [Sec. 4, RA (which) is rendered sacred
8371]. by the Civil Code in force in
the Philippines since 1889. It
Free areas. All lands within is so provided in the first
the territorial limits of the paragraph of Art. 763 (now
Philippines including those Art. 842). [Pecson v. Coronel,
submerged beneath seas, 45 Phil. 216].
bays, lakes, rivers, lagoons,
or the territorial waters, or Freedom of navigation. The
on the continental shelf, or right to sail ships on the high
its analogue in an seas, subject only to
archipelago, but which are international law and the
not within the national laws of the flag state.
reserve areas, or petroleum [Suarez, Pol. Law Reviewer,
reservations, or covered by 1st Ed., 2002, p. 1041].
valid and existing
exploration or exploitation Freedom of speech. In the
concession, or petroleum words of John Milton, (it) is
drilling leases. [Art. 14, RA the "liberty to know, to utter,
387]. and to argue freely
according to conscience
Free city. An entire port city above all liberties.” [Garcia
which has been opened to v. Faculty Admission
international trade. [Intl. Law Committee, GR L-40779.
Dict. & Direct., 2004]. Nov. 28, 1975].
Freedom. The state of being Freedom of the high seas.

free; liberty; self- The right of all states to
determination; absence of freely use the high seas for
restraint; the opposite of navigation, overflight,
slavery. [Black’s Law Dict., fishing, the laying of
Abr. 5th Ed. (1983), 338]. submarine cables and
460
pipelines, constructing inimical to society. And this

artificial islands and is true even if such practices
installations, and carrying on are pursued out of sincere
scientific research. [Intl. Law religious conviction and not
Dict. & Direct., 2004]. merely for the purpose of
evading the reasonable
Freedom of the Seas. The requirements or prohibitions
principle in international law of the law. [Cruz, Constl.
that no part of the sea can Law, 1998 Ed., p. 182].
be subjected the sovereignty Compare with Freedom to
of any State. It cannot believe.
therefore be incorporated
into the territory of any State Freedom to believe. The
through occupation. [Suarez, aspect of the right to
Pol. Law Reviewer, 1st Ed., religious profession and
2002, p. 1040]. worship where the individual
is free to believe (or
Freedom period. See Sixty disbelieve) as he pleases
(60) day freedom period. concerning the hereafter. He
may indulge his own
Freedom to act on one's theories about life and
beliefs. The aspect of the death; worship any god he
right to religious profession chooses, or none at all;
and worship where the embrace or reject any
individual externalizes his religion; acknowledge the
beliefs in acts or omissions divinity of God or of any
that affect the public, and being that appeals to his
his freedom to do so reverence; recognize or deny
becomes subject to the the immortality of his soul —
authority of the State. As in fact, cherish any religious
great as this liberty may be, conviction as he and he
religious freedom, like all the alone sees fit. However
other rights guaranteed in absurd his beliefs may be to
the Constitution, can be others, even if they be
enjoyed only with a proper hostile and heretical to the
regard for the rights of majority, he has full freedom
others. It is error to think to believe as he pleases. He
that the mere invocation of may not be required to
religious freedom will prove his beliefs. He may not
stalemate the State and be punished for his inability
render it impotent in to do so. Religion, after all, is
protecting the general a matter of faith. 'Men may
welfare. The inherent police believe what they cannot
power can be exercised to prove.' Every one has a right
prevent religious practices to his beliefs and he may not
461
be called to account because possession for a limited

he cannot prove what he time. There are varieties of
believes. [Cruz, Constl. Law, freehold such as fee simple
1998 Ed., p. 182]. Compare and fee tail. [Duhaime's
with Freedom to act on Legal Dict., 2004].
one's beliefs.
Freeholder. A person who
Freedom to contract. See owns freehold property
Autonomy in contracts. rights (i.e. in a piece of real
estate; either land or a
Free exercise clause. Const. building). [Duhaime's Legal
Law. A provision in the 1897 Dict., 2004].
Phil. Constitution that “the
free exercise and enjoyment Free market. Domestic and
of religious profession and foreign open market. [Sec. 1,
worship, without RA 6364].
discrimination or preference,
shall forever be allowed.” Free on board (FOB). 1. This
[Sec. 5, Art. III, 1987 Const.]. means that the goods are to
be delivered free of expense
Free from particular to the buyer to the point of
average (FPA) clause. A either shipment or
clause agreed upon in a destination. [Diaz, Bus. Law
policy of marine insurance in Rev., 1991 Ed., p. 124]. 2. A
which it is provided that a provision in a contract of
marine insurer shall not be sale which requires the seller
liable for any particular to deliver the merchandise
average loss not depriving at a designated place,
the insured of the usually to a common carrier.
possession, at the port of [Torres, Oblig. & Cont., 2000
destination, of the whole of Ed., p. 351].
such thing, or class of things,
even though it becomes Free patent. Title of
entirely worthless; but such ownership to a portion of
insurer is liable for his public land, applied for and
proportion of all general approved by the
average loss assessed upon government. [Moreno’s Law
the thing insured. [Sec. 136, Dict., 2000 Ed., p. 189].
IC].
Free portion. The remainder
Freehold. A special right of the estate, after
granting the full use of real deducting the legitime,
estate for an indeterminate which may be freely
time. It differs from disposed of by the testator
leasehold, which allows as may be desired to any
462
person with capacity to adjacent to a port of entry

succeed. [Moreno’s Law (as a seaport) and/or airport
Dict., 2000 Ed., p. 189]. where imported goods may
be unloaded for immediate
Free property of the transshipment or stored,
insolvent. Property of the repacked, sorted, mixed, or
insolvent not impressed with otherwise manipulated
liens by operation of Arts. without being subject to
2241 and 2242 of the Civil import duties. However,
Code. [Rep. v. Peralta, GR L- movement of these imported
56568. May 20, 1987]. goods from the free-trade
area to a non-free-trade area
Free Public Secondary in the country shall be
Education Act of 1988. RA subject to import duties.
6655 entitled “An Act [Sec. 4, RA 7916]. 2. A free
establishing and providing zone located within or near a
for a free public secondary port city. [Intl. Law Dict. &
education and for other Direct., 2004].
purposes” enacted on May
26, 1988. Freeze order. An order which
prohibits the person having
Free retail zones. Areas possession or control of
within international airports property alleged to
and harbors where travelers constitute "ill-gotten wealth"
can buy goods free of local "from transferring,
sales and excise taxes. [Intl. conveying, encumbering or
Law Dict. & Direct., 2004]. otherwise depleting or
concealing such property, or
Free trade area. A group of from assisting or taking part
states that have reduced or in its transfer, encumbrance,
eliminated trade barriers concealment, or dissipation.
between themselves, but It commands the possessor
who maintain their own to hold the property and
individual tariffs as to other conserve it subject to the
states. [Intl. Law Dict. & orders and disposition of the
Direct., 2004]. authority decreeing such
freezing. In this sense, it is
Free trade association. A akin to a garnishment by
group of states that have which the possessor or
eliminated trade barriers ostensible owner of property
between themselves. [Intl. is enjoined not to deliver,
Law Dict. & Direct., 2004]. transfer, or otherwise
dispose of any effects or
Free trade zone. 1. An credits in his possession or
isolated policed area control, and thus becomes in
463
a sense an involuntary Agricultural and fisheries

depositary thereof. [Bataan products newly taken or
Shipyard Eng’g. Co. Inc. v. captured directly from its
PCGG, GR 75885. May 27, natural state or habitat, or
1987]. those newly harvested or
gathered from agricultural
Free zone. Geographical area areas or bodies of water
wherein goods may be used for aquaculture. [Sec.
imported and exported free 4, RA 8435].
from customs tariffs and in
which a variety of trade- Freshwater. Water
related activities may be containing less than 500
carried on. [Intl. Law Dict. & ppm dissolved common salt,
Direct., 2004]. sodium chloride, such as
that in groundwater, rivers,
Freight collect. That ponds and lakes. [Sec 4, RA
freightage incurred in 9275].
transporting the goods from
the point of origin to the port Friar Lands Act. Act 1120,
of destination (which) is for as amended.
consignee’s account.
[Moreno’s Law Dict., 2000 Fringe benefit. Any good,
Ed., p. 190]. service or other benefit
furnished or granted in cash
Freight forwarder. A firm or in kind by an employer to
that makes or assists in the an individual employee
making of shipping (except rank and file
arrangements. [Intl. Law employees) such as, but not
Dict. & Direct., 2004]. limited to, the following: (a)
housing; (b) expense
French rule. The rule that account; (c) vehicle of any
crimes committed aboard kind; (d) household
foreign merchant vessels personnel, such as maid,
cannot be tried in the courts driver and others; (e)
of that country, unless their interest on loan at less than
commission affects the market rate to the extent of
peace and security of the the difference between the
territory or the safety of the market rate and actual rate
state is endangered. granted; (f) membership
[Claridades, A., Compilation fees, dues and other
of Notes, 2001-2006]. expenses borne by the
Compare with English rule. employer for the employee
in social and athletic clubs or
Fresh agricultural and other similar organizations;
fishery products. (g) expenses for foreign
464
travel; (h) holiday and and to passengers seated on

vacation expenses; (i) the right side beside the
educational assistance to the driver for private motor
employee or his dependents; vehicles. [Sec. 3, RA 8750].
and (j) life or health
insurance and other non-life Fruits of the poisonous
insurance premiums or tree. Also Uncounselled
similar amounts in excess of admission. 1. An admission
what the law allows. [Sec. or confession obtained in
33, NIRC, as amended]. violation of one's
constitutional rights the
Frivolity, places of. Places admission of which in court
of hilarity marked by or is outlawed. [People v.
providing boisterous Opida, GR L-46272. June 13,
merriment or recreation. 1986]. 2. According to this
[Sec. 3, RA 8491]. rule, once the primary
source (the "tree") is shown
Frivolous appeal. An appeal to have been unlawfully
presenting no justiciable obtained, any secondary or
question, or one so readily derivative evidence (the
recognizable as devoid of "fruit") derived from it is also
merit on the face of record inadmissible. [People v.
that there is little, if any, Alicando, GR 117487. Dec.
prospect that it can ever 12, 1995, citing Silverthorne
succeed. One which is v. US, 251 US 385, 40 S. Ct.
evidently without merit, 182, 64 L. Ed. 319 (1920)].
taken manifestly for delay. 3. The rule is based on the
[Dela Cruz v. Blanco, GR principle that evidence
48790. June 8, 1942]. illegally obtained by the
State should not be used to
Frontage. That part or end of gain other evidence because
a lot which abuts a street. the originally illegally
[Sec. 3, BP 220]. obtained evidence taints all
evidence subsequently
Front seat passengers. obtained. [People v.
Persons on board a public Alicando, GR 117487. Dec.
utility vehicle seated at the 12, 1995, citing Del Carmen,
right side beside the driver Crim. Proc., Law and
rd
for public utility jeepneys Practice, 3 Ed., pp. 64-65].
(PUJs) and to passengers
seated at the right side Frustrated felony. A felony
beside the driver and those where the offender performs
at the first row immediately all the acts of execution
behind the driver in the case which would produce the
of public utility buses (PUBs) felony as a consequence but
465
which, nevertheless, do not Full backwages. Without

produce it by reason of deducting from backwages
causes independent of the the earnings derived
will of the perpetrator. [Art. elsewhere by the concerned
6, RPC]. employee during the period
of his illegal dismissal.
Fugitive. One who runs away [Bustamante v. NLRC, GR
to avoid arrest, prosecution 111651. Nov. 28, 1996].
or imprisonment. Many
extradition laws also call the Full blood relationship.
suspect a "fugitive" That existing between
although, in that context, it persons who have the same
does not necessarily mean father and the same mother.
that the suspect was trying [Art. 967, CC].
to hide in the country from
which extradition is being Full name. A person’s
sought. [LawInfo Legal Christian or given name and
Dictionary (2005)]. his surname or family name.
Fugitive from justice. 1. Ed., p. 191].
The term refers not only
those who flee after Full payout lease. See
conviction to avoid Finance lease.
punishment but likewise
those who, after being Full powers or pleins
charged, flee to avoid pouvoirs. Intl. Law.
prosecution. [Marquez v. Credentials which the
Comelec, GR 112889. Apr. representatives of the
18, 1995]. 2. One who, contracting parties are
having committed or being provided with to undertake
accused of having the discussion of the
committed a crime in one provisions of a proposed
jurisdiction, cannot be found treaty. [Cruz, Intl. Law
therein. [Rodriguez v. Reviewer, 1996 Ed., p. 96].
Comelec, GR 120099. July
24, 1996, citing Black's Law Full-term baby. An infant
Dict.]. which weighs more than
2,275 grams even if it is
Full. Entire, complete, or born before the thirty-
possessing all particulars, or seventh week which is less
not wanting in any essential than 9.3 months. [People v.
quality. [Black's Law Dict, 5th Malapo, GR 123115. Aug. 25,
Ed., 604-605, Webster's 3rd 1998].
New Intl. Dict., 1986, 919].

466
Full-time teacher. One

whose total working day is Fulminate. A kind of stable
devoted to the school, has explosive compound which
no other regular explodes by percussion.
remunerative employment [Sec. 3, PD 1185].
and is paid on a regular
monthly basis regardless of Functus officio. Lat. An
the number of teaching officer or agency whose
hours. [UST v. NLRC, GR mandate has expired either
85519. Feb. 15, 1990]. because of the arrival of an
expiry date or because an
Fully developed fishpond. agency has accomplished
Fully developed fishpond. A the purpose for which it was
clean, leveled area enclosed created. [Duhaime's Legal
with dikes at least one foot Dict., 2004].
higher than the highest flood
water level in the locality Fund. A sum of money or
and strong enough to resist other resources set aside for
water pressure at the the purpose of carrying out
highest flood tide, and specific activities or
consisting at least of a attaining certain objectives
nursery pond, a transition in accordance with special
pond, a rearing pond, or a requisitions, restrictions, or
combination of any or all of limitations, and constitutes
said classes of ponds, and an independent fiscal and
water control system. [Sec. accounting entity. [Sec. 2,
3, PD 704; Sec. 3, PD 43]. Chap. 1 Subtitle B, EO 292].
Fully-developed fishpond Fundamental breach. A

area. A clean leveled area failure to perform that
enclosed by dikes, at least substantially deprives the
one foot higher than the other party of that which he
highest floodwater level in was entitled to expect. [Intl.
the locality and strong Law Dict. & Direct., 2004].
enough to resist pressure at
the highest flood tide; Funeral establishment. Any
consists of at least a nursery place used in the
pond, a transition pond, a preparation and care of the
rearing pond or a body of a deceased person
combination of any or all for burial. [Sec. 89, PD 856].
said classes of ponds, and a
functional water control Funeral expenses. The
system and producing in a money expended in
commercial scale. [Sec. 4, procuring the interment,
RA 8550; ]. cremation, or other
467
disposition of a corpse, Furiosi nulla voluntas est.

including suitable A Latin expression that
monument, perpetual care of mentally impaired persons
burial lot and entertainment cannot validly sign a will.
of those participating in the [LawInfo Legal Dictionary
wake. [Paras, Phil. Conflict of (2005)].
Laws, 8th Ed. (1996), pp.
316-317, citing Black’s Law Furnishings. The act or
Dict., p. 344]. process of supplying
furniture or equipment; an
Fungible goods. 1. Generally article or accessory of dress;
the things whose an object of fixture that
individuality can be tends to increase comfort or
determined by counting, utility. [Ozaeta v. CA, GR
weighing, or measuring. 95226. Nov. 18, 1993, citing
[Tolentino, Civil Code of the Webster's 3rd New Intl.
Phil., Vol. II, Repr. 2001, p. Dict.].
28, citing 1 Ruggiero 489]. 2.
Goods which are comprised Further training. That part
of many identical parts and of vocational training which
which can be easily replaced follows basic training,
by other, identical goods. If usually within the framework
the goods are sold by weight of a training program or
or number, this is a good scheme, for recognized
sign that they are fungible. qualifications. [Sec. 1, Rule
3. Goods of which any unit 1, Book 2, IRR of LC].
is, from its nature by
mercantile custom, treated Future debts. Debts the
as the equivalent of any amount of which is not yet
other unit. [Sec. 58, Act known and until the debt is
2137]. liquidated, there can be no
claim against the guarantor.
Fungibles. Goods which are [Art. 2053, CC].
comprised of many identical
parts such as a bushel of Future inheritance. Any
grain or a barrel of apples or property or right not in
oil, and which can be easily existence or capable of
replaced by other, identical determination at the time of
goods. If the goods are sold the contract, that a person
by weight or number, this is may in the future acquire by
a good sign that they are succession. [Blas v. Santos,
fungible. [LawInfo Legal GR L-14070. Mar. 29, 1961].
Dictionary (2005)].
Future person. One who is
to be born. It may be a
468
natural or juridical person. 131, 138; Anderson v. State,

[Moreno’s Law Dict., 2000 58 S.E. 401 (1907); Henry
Ed., p. 192]. Hentz & Co. v. Booz, 70 S.E.
108 (1911)].
Future property. 1. Anything
which the donor cannot Futures commission
dispose of at the time of the merchant or broker. A
donation. [Art. 751, CC]. 2. It corporation or partnership
includes all property that engaged in soliciting or in
belongs to others at the time accepting orders for the
the donation is made, purchase or sale of any
although it may or may not commodity for future
later belong to the donor. delivery on or subject to the
[Tolentino, Civil Code of the rules of any contract market
Phil., Vol. II, Repr. 2001, p. and that, in connection with
561]. such solicitation or
acceptance of orders,
Futures. The term has grown accepts any money,
out of those purely securities or property (or
speculative transactions in extends credit in lieu
which there are nominal thereof) to margin,
contracts to sell for future guarantee or secure any
delivery, but where in fact trade or contract that results
no delivery is intended or or may result therefrom.
executed. The nominal seller [Onapal Phils. Commodities,
does not have or expect to Inc. v. CA, GR 90707. Feb. 1,
have a stock of merchandise 1993].
he purports to sell nor does
the nominal buyer expect to
receive it or to pay for the
price. Instead of that, a
percentage or margin is
paid, which is increased or
diminished as the market
rates go up and down, and
accounted for to the buyer.
This is simple speculation,
gambling or wagering on
prices within a given time; it
is not buying and selling and
is illegal as against public
policy. [Onapal Phils.
Commodities, Inc. v. CA, GR
90707. Feb. 1, 1993, citing
King v. Quidwicks, 14 R. Is.
469
-G-
Gaffer. Also Taga-tari. Tag.
A person knowledgeable in
the art of arming fighting
cocks with gaff or gaffs on
either or both legs. [Sec. 4,
PD 449].
Gahasa. Tag. The word does

not refer to force in general
but only to force or violence
when applied to a woman for
the purpose of satisfying the
lust of the 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,
470
banking, or percentage 12, 1918, citing 20 Cyc.,

game, dog races, or any 878].
other game of scheme the
result of which depends Game-fixing. Any
wholly or chiefly upon arrangement, combination,
chance or hazard; or wherein scheme or agreement by
wagers consisting of money, which the result of any
articles of value or game, races or sports
representative of value are contests shall be predicted
made; or in the exploitation and/or known other than on
or use of any other the basis of the honest
mechanical invention or playing skill or ability of the
contrivance to determine by players or participants. [Sec.
chance the loser or winner of 1, PD 483].
money or any object or
representative of value; (b) Game-machinations. Any
any person who shall other fraudulent, deceitful,
knowingly permit any form unfair or dishonest means,
of gambling referred to in method, manner or practice
the preceding number to be employed for the purpose of
carried on in any influencing the result of any
uninhabited or uninhabited game, races or sport
place of any building, vessel contest. [Sec. 1, PD 483].
or other means of
transportation owned or Game of chance. That game
controlled by him; (c) the which depends more on
maintainer, conductor, or chance or hazard than or
banker in a game of jueteng skill or ability. [Art. 2013,
or any similar game; or (d) CC].
any person who shall,
knowingly and without lawful Game refuge or bird
purpose, have in his sanctuary. A forest land
possession and lottery list, designated for the protection
paper or other matter of game animals, birds and
containing letters, figures, fish and closed to hunting
signs or symbols which and fishing in order that the
pertain to or are in any excess population may flow
manner used in the game of and restock surrounding
jueteng or any similar game areas. [Sec. 3, PD 705].
which has taken place or
about to take place. [Art. Gana. Tag. With the stress on
195, RPC]. 2. Play by certain the first syllable, earning or
rules at cards, dice, or other wage or salary. [Moreno’s
contrivance, so that one Law Dict., 2000 Ed., p. 193].
shall be the loser and the
471
Garnishment. 1. The process Garnishment, writ of. See

of notifying a third person Writ of garnishment.
called the garnishee to
retain and attach the Gasera. Tag. Kerosene lamp.
property he has in his [People v. Indaya, GR 90296.
possession or under his Apr. 25, 1991].
control belonging to the
judgment debtor, to make Gastric ulcer. See Stomach
disclosure to the court ulcer.
concerning the same, and to
dispose of the same as the Gastro-duodenitis. A
court shall direct to satisfy disease involving both the
the judgment. [Bench Book stomach and the duodenum;
for Trial Court Judges, p. 2- that the head of the
59, citing Sec. 9, Rule 39, pancreas is cradled next to
RoC]. 2. A species of the duodenum just past the
attachment for reaching any stomach and a tumor mass
property or credits in this organ may be
pertaining or payable to a detected by seeing its
judgment debtor. In legal pressure effect on the
contemplation, it is a forced abdomen; that radiologic
novation by the substitution procedure may show the
of creditors; the judgment encroachment of the
debtor, who is the original pancreatic lesion on other
creditor of the garnishee is, organs; and changes in the
through service of the writ of configuration of the
garnishment, substituted by abdominal loop of the
the judgment creditor who stomach rarely appear early
thereby becomes creditor of but are merely signs of
the garnishee. Garnishment advanced disease. [Sealanes
has also been described as a Marine Services, Inc. v.
warning to a person having NLRC, GR 84812. Oct. 5,
in his possession property or 1990].
credits of the judgment
debtor, not to pay the Gavel. A wooden mallet used
money or deliver the by a judge to bring
property to the latter, but proceedings to a start or to
rather to appear and answer an end or to command
the plaintiff's suit. [Perla attention in his court.
Compania De Seguros v. [Duhaime's Legal Dict.,
Ramolete, GR L-60887. Nov. 2004].
13, 1991]. Compare with
Levy. Gear license. See Fishing
boat.

472
Gemstone gathering the same force as if they are

permit. The non-exclusive textually included. [Coquia
permit granted by the and Santiago, Intl. Law, 3rd
provincial governor to any Ed. (1998), p. 493]. See Act
qualified person to gather or Final act.
loose stones useful as
gemstones in rivers and General agency. An agency
other locations. [Sec. 52, RA that comprises all the
7942]. business of the principal.
[Art. 1876, CC]. Compare
GenCos. Privatized with Special agency.
generating companies
(generators) in the electric General Agreement on
power business. [Sec. 1.2, Tariffs and Trade (GATT).
IRR, EO 354 dated 5 July A multilateral international
1996]. treaty first created in 1947
and frequently amended
Gender sensitivity. (most recently in 1994) to
Cognizance of the which 125 countries
inequalities and inequalities subscribe. GATT provides for
prevalent in society between fair trade rules and the
women and men and a gradual reduction of tariffs,
commitment to address duties and other trade
issues with concern for the barriers. The 1994
respective interest of the amendment created a World
sexes. [Sec. 2, IRR, RA Trade Organization, which
8042]. oversees the implementation
of the GATT. [Duhaime's
General acceptance. Nego. Legal Dict., 2004].
Inst. An acceptance to pay at
a particular place, unless it General appropriations
expressly states that the bill bill. A bill (filed) on the basis
is to be paid there only and of a budget of expenditures
not elsewhere. [Sec. 140, and sources of financing,
NIL]. Compare with including receipts from
Qualified acceptance. existing and proposed
revenue measures
General act. Intl. Law. The submitted to the Congress
document containing a by the President within thirty
summary of the proceedings days from the opening of the
of a conference, which regular session. [Sec. 22,
assumes the character of a Art. VII, 1987 Const.].
treaty by declaring that the Compare with Special
treaties and conventions appropriations bill.
which are annexed to it have
473
General Assembly. 1. The General bond. A combination

principal deliberative body of of bidder's bond and a
the United Nations. [Intl. Law performance bond which
Dict. & Direct., 2004]. 2. The may be in cash, certified or
central organ of the United cashier's check. [IRR on
Nations and is vested with Supply & Prop. Mgt., per Sec.
jurisdiction over matters 383, LGC].
concerning its internal
machinery and operations. General Bonded
[Cruz, Intl. Law Reviewer, Warehouse Law. Act 3893,
1996 Ed., p. 24]. as amended by RA 247,
which regulates and
General average. Mar. Ins. supervises warehouses
1. A contribution by the which put up a bond.
several interests engaged in [Miravite, Bar Review
the maritime venture to Materials in Comm. Law, 12th
make good the loss of one of Ed., (2002), p. 26].
them for the voluntary
sacrifice of a part of the ship General building
or cargo to save the residue contractor. A person whose
of the property and the lives principal contracting
of those on board, or for business is in connection
extraordinary expenses with any structure built,
necessarily incurred for the being built, or to be built, for
common benefit and safety the support, shelter and
of all. [Amer. Home enclosure of persons,
Assurance v. CA, GR 94149. animals, chattels or movable
May 5, 1992, citing Black's property of any kind,
Law Dict., Rev. 4th Ed., p. requiring in its construction
172]. 2. A contribution by the use of more than two
those jointly involved in a unrelated building trades or
maritime venture to make crafts, or to do or
good the loss by one of them superintend the whole or
for his voluntary sacrifice of any part thereof. Such
a part of the ship or cargo to structure includes sewers
save the residue of the and sewerage disposal
property and the lives on plants and systems, parks,
board, or for the playgrounds and other
extraordinary expenses recreational works,
necessarily incurred for the refineries, chemical plants,
benefit and safety of all. and similar industrial plants
[Intl. Law Dict. & Direct., requiring specialized
2004]. Compare with engineering knowledge and
Particular average. skill, powerhouse, power
plants and other utility
474
plants and installations 1992]. Compare with

mines and metallurgical Special crossing.
plants, cement and concrete
works in connection with the General denial. One which
abovementioned fixed puts in issue all the material
works. [Sec. 9, RA 4566]. averments of the complaint
or petition, and permits the
General counsel. The senior defendants to prove any and
lawyer of a corporation. This all facts which tend to
is normally a full-time negative those averments or
employee of the corporation some one or all of them.
although some corporations [Loyola v. HRET, GR 109026.
contract this position out to Jan. 4, 1994, citing Maulin v.
a lawyer with a private firm. Ball, 1 P. 409, 411, 5 Mont.
[LawInfo Legal Dictionary 96, cited in Words and
(2005)]. Phrases, "General Denial."].
General crossed check. A General elections. The

check on which are placed regular local and national
two parallel lines diagonally elections. [Moreno’s Law
on the left top portion of the Dict., 2000 Ed., p. 195].
check and between such
lines are written the words General engineering
"and Co." or none at all as in contractor. A person whose
the case at bar, in which principal contracting
case the drawee should not business is in connection
encash the same but merely with fixed works requiring
accept the same for deposit. specialized engineering
[State Investment House v. knowledge and skill,
IAC, GR 72764. July 13, including the following
1989]. Compare with divisions or subjects:
Special crossed check. irrigation, drainage, water
power, water supply, flood
General crossing. Crossing control, inland waterways,
of the check where the harbors, docks and wharves,
words written between the shipyards and ports, dams,
two parallel lines are "and hydroelectric projects,
Co." or "for payee's account levees, river control and
only," as in the case at bar. reclamation works, railroads,
This means that the drawee highways, streets and roads,
bank should not encash the tunnels, airports and
check but merely accept it airways, waste reduction
for deposit. [Associated Bank plants, bridges, overpasses,
v. CA, GR 89802. May 7, underpasses and other
similar works, pipelines and
475
other system for the Generalibus specialia

transmission of petroleum derogant. Lat. General
and other liquid or gaseous terms do not restrict or
substances, land leveling modify special provisions.
and earth moving projects, [Bernas v. CA, GR 85041.
excavating, grading, Aug. 5, 1993].
trenching, paving and
surfacing work. [Sec. 9, RA General indorser. A person
4566]. placing his signature upon
an instrument otherwise
General fee. A fee paid to a than as maker, drawer or
lawyer to insure and secure acceptor. [Tiong v. Ting, GR
his future services for a L-26767. Feb. 22, 1968].
particular case or work, and
to remunerate him for being Generality. A characteristic
deprived, by being retained of criminal law where the law
by one party, of the is deemed binding upon all
opportunity of rendering persons who reside or
services to the other party. sojourn in the Philippines,
[Moreno’s Law Dict., 2000 irrespective of age, sex,
Ed., p. 195]. color, creed, or personal
circumstances. [Gregorio,
Generalia specialibus non Fund. of Crim. Law Rev.,
derogant. Lat. Special 1997 9th Ed., p. 2].
provisions prevail over the
general provisions. [Black on General jurisdiction. It
Interpretation of Laws, 2nd refers to courts that have no
Ed., pp. 328-329]. A special limit on the types of criminal
law is not regarded as and civil cases they may
having been amended or hear. [Glossary of Legal
repealed by a general law Terms, Pro-Se Handbook,
unless the intent to repeal or (Internet)].
alter is manifest. [Manila
Railroad Co. v. Rafferty, 40 General objection. An
Phil 224 (1919)]. objection that the contested
exhibits are inadmissible for
Generalia verba sunt having been admitted when
generaliter intelligenda. the purpose for which they
Lat. It should be understood are being offered are not
to have a general and stated. [Moreno’s Law Dict.,
inclusive scope, inasmuch as 2000 Ed., p. 195].
the term is a general one.
[Diaz v. IAC, GR 66574. Feb. General partner. A partner
21, 1990]. who is liable to the extent of
his separate property after
476
all the assets of the international tribunal. [Intl.

partnership are exhausted. Law Dict. & Direct., 2004].
Ed., p. 189]. Compare with General professional
Limited partner. partnership. A partnerships
formed by persons for the
General partnership. A sole purpose of exercising
partnership where all the their common profession, no
parties are general partners part of the income of which
who are liable even to the is derived from engaging in
extent of their individual any trade or business. [Sec.
properties, after the 131, RA 7160].
exhaustion of the
partnership assets. [Suarez, General public. The general
Intro. to Law, 1995 3rd Ed., p. community or population,
119]. Compare with Limited and one who offers services
partnership. or solicits business only from
a narrow segment of the
General practice. Dealing in general population. [De
many or numerous areas of Guzman v. CA, GR L-47822.
the law. [LawInfo Legal Dec. 22, 1988].
Dictionary (2005)].
General register. The
General principles of law. general register of
Legal doctrine that allows marriages, divorces,
international tribunals to revocation of divorces,
adopt and apply principles conversion and such other
common to the various deeds or instruments kept
systems of domestic law, so by the Registrar under the
long as they are consistent Code of Muslim Personal
with the nature of the Laws of the Philippines. [Art.
international community and 7, PD 1083].
are not in conflict with the
law established by General repealing
international conventions or provision. A clause which
international customary law. predicates the intended
One of the sources of repeal under the condition
international law listed in that a substantial conflict
Art. 38 (1) (c) of the Statute must be found in existing
of the International Court of and prior acts. [Mecano v.
Justice. Their use is COA, GR 103982. Dec. 11,
controversial and they have 1992].
rarely influenced the
decisions of any General retainer. A fee paid
to a lawyer to secure
477
beforehand his services as Casar, GR L-71782. Apr. 14,

general counsel for any 1988].
ordinary legal problem that
may otherwise arise in the General welfare clause. 1.
ordinary business of the Sec. 16 of RA 7160 or the
client. [Moreno’s Law Dict., Local Government Code of
2000 Ed., p. 195]. 1991. 2. A delegation in
statutory form of the police
General statute. A statute power, under which
which relates to persons, municipal corporations are
entities, or things as a class authorized to enact
or operates equally or alike ordinances to provide for the
upon all of a class, omitting health and safety, and
no person, entity, or thing promote the morality, peace
belonging to a class. E.g.: and general welfare of its
Family Code. [Suarez, Stat. inhabitants. [Physical
Con., (1993), p. 96]. Therapy Org. of the Phil. v.
Compare with Special Mun. Board of the City of
statute. Manila, GR L-10448. Aug. 30,
1957].
General viewing. Making
motion pictures available to Generation company. Any
general public for its viewing person or entity authorized
through convenient film by the Energy Regulatory
packs or similar materials Commission (ERC) to
sold, leased, or lent in operate facilities used in the
commercial outlets, public generation of electricity.
lending clubs, and similar [Sec. 4, RA 9136].
organizations. [Sec. 10, PD
1986]. Generation of electricity.
The production of electricity
General warrant. One of a by a generation company or
class of writs long proscribed a co-generation facility
as unconstitutional and once pursuant to the provisions of
anathematized as totally RA 9136. [Sec. 4, RA 9136].
subversive of the liberty of
the subject. Clearly violative Generic aggravating
of the constitutional circumstances. Those
injunction that warrants of which generally apply to all
arrest should particularly crimes like recidivism.
describe the person or [Gregorio, Fund. of Crim.
persons to be seized, the Law Rev., 1997 9th Ed., p.
warrant must, as regards its 111].
unidentified subjects, be
voided. [Pangandaman v.
478
Generic drugs. Drugs not blood or tissue test) of

covered by patent protection mother, child, and alleged
and which are labeled solely father which can help to
by their international non- prove or disprove that a
proprietary or generic name. particular man fathered a
[Sec. 3, RA 6675]. particular child. [LawInfo
Legal Dictionary (2005)].
Generic name. Also Generic
terminology. The Genocide. Intl. Law. 1. Any of
identification of drugs and the following acts,
medicines by their committed with intent to
scientifically and destroy, in whole or in part,
internationally recognized a national, ethnic, racial or
active ingredients or by their religious group as such: (a)
official generic name as killing members of the
determined by the Bureau of group; (b) causing serious
Food and Drugs (BFAD) of bodily or mental harm to
the DOH. [Art. 4, RA 7394; members of the group; (c)
Sec. 3, RA 6675]. deliberately inflicting on the
group conditions of life
Generic or indeterminate calculated to bring about its
thing. A thing which refers physical destruction in whole
only to a class or genus and or in part; (d) imposing
cannot be identified with measures intended to
particularity. [Diaz, Bus. Law prevent births within the
Rev., 1991 Ed., p. 3]. group; (e) forcibly
transferring children of the
Generics Act of 1988. RA group to another group.
6675 entitled “An Act to [Cruz, Intl. Law Reviewer,
promote, require and ensure 1996 Ed., p. 116-117]. 2. The
the production of an intentional annihilation of a
adequate supply, national, ethnical, racial, or
distribution, use and religious group. [Intl. Law
acceptance of drugs and Dict. & Direct., 2004].
medicines identified by their
generic names” enacted on Gentlemen’s agreement.
Sep. 13, 1988. Intl. Law. A temporary
agreement on the conduct or
Genetic materials. Livestock course of action to be
breed, crop varieties, and followed and arrived at
fishery species. [Sec. 2, PD through an exchange of
2032]. diplomatic correspondence.
[Coquia and Santiago, Intl.
Genetic testing. Analysis of Law, 3rd Ed. (1998), p. 494].
inherited factors (usually by
479
Genuine. Also Authentic. out in the pleadings.

The document speaks the [Claridades, A., Compilation
truth; that it is what it of Notes, 2001-2006]. See
purports to be — a faithful Due execution.
statement or record of the
truth. Trustworthy or not Genuineness and due
false. [Lucman v. Dimapuro, execution. The phrase
GR L-31558. May 29, 1970]. means nothing more than
that the instrument is not
Genuine issue. An issue of spurious, counterfeit, or of
fact which calls for the different import on its face
presentation of evidence as from the one executed.
distinguished from an issue [Bough v. Cantiveros, GR
which is sham, fictitious, 13300. Sep. 29, 1919].
contrived, set up in bad faith
and patently unsubstantial Genuine or authentic. Fully
so as not to constitute a trustworthy and in
genuine issue for trial. The accordance with fact or
court can determine this on actuality. [Lucman v.
the basis of the pleadings, Dimapuro, GR L-31558. May
admissions, documents, 29, 1970, citing Webster's 7th
affidavits and/or counter New Collegiate Dict., p. 59].
affidavits submitted by the
parties to the Court. [Paz v. Genuine or authentic
CA, GR 85332. Jan. 11, document. A document
1990]. that it is fully trustworthy
and is in accordance with
Genuine link. A state must fact or actuality [Lucman v.
have a real and bona fide Dimapuro, GR L-31558. May
relationship with a person 29, 1970, citing Webster's 7th
before it may sponsor that New Collegiate Dict., p. 59.].
person's suit in an
international tribunal. [Intl. Genus nunquam peruit. Lat.
Law Dict. & Direct., 2004]. Generic things do not perish.
Genuineness. The fact that of Notes, 2001-2006].
the document is not
spurious, counterfeit, or of Geodetic engineer. A
different import on its face natural person who has been
from the one executed by issued a Certificate of
the party, or that the party Registration by the Board of
whose signature it bears has Geodetic Engineering and
signed it and that at the time has taken the Oath of
it was signed, it was in words Profession of Geodetic
and figures exactly as set Engineers. [Sec. 2, RA 8560].
480
Geodetic engineering, Geology, practice of. A

practice of. A professional person shall be deemed to
and organized act of be practicing geology or
gathering physical data on rendering geological service
the surface of the earth with within the meaning of this
the use of precision Act who shall, for a fee,
instruments. It is also the salary or other reward or
scientific and methodical compensation paid to him or
processing of these data and through another person,
presenting them on graphs, render or offer to render
plans, maps, charts or geological work by means of
documents. [Sec. 2, RA signs, cards, advertisements
8560]. or any other way, in the form
of consultation, geological
Geological sciences. That investigation involving
group of disciplines in the geologic mapping,
natural sciences dealing with paleontology, petrology,
the earth, its composition, mineralogy or other
physics, structure and branches of geology. [Sec.
evolution. It shall include, 12, 4209].
among others, the following
disciplines: Geochemistry; Geomancy. Divination by
Petrology; Mineralogy; lines and figures drawn on
Geophysics; Geodynamics; the ground. [Moreno’s Law
Structural Geology; Dict., 2000 Ed., p. 197].
Tectonics; Geomorphology;
Volcanology; Seismology; Geothermal energy. Energy
Stratigraphy, Paleontology; derived or derivable from
Historical Geology; Economic and produced within the
Geology; and such earth by natural heat
interdisciplinary subjects as phenomenon: and includes
Marine Geology, all steam, and water vapor,
Hydrogeology, Engineering and every mixture of all or
Geology, Petroleum Geology, any of them that has been
Environmental Geology, heated by natural
Mineral Economics, Mining underground energy, and
Geology, Geomathematics, every kind of matter derived
Geostatistics, Geobarometry, from a bore and for the time
Geochronology, Nuclear being with or in any such
Geology, Geothermometry, stead, water, water vapor, or
Astrogeology, Remote mixture. [Sec. 2, RA 5092].
Sensing in Geology and
others. [Sec. 2, EO 625 G–EPS. The Government
(1980)]. Electronic Procurement
481
System as provided in Sec. 8 menstrual period. [People v.

of RA 9184. [Sec. 5, RA Pamor, GR 108599. Oct. 7,
9184]. 1994, citing Danforth's
Obstetrics and Gynecology,
Geriatrics. The branch of 161 (6th Ed. 1990)].
medical science devoted to
the study of the biological Gestor. Voluntary manager.
and physical changes and [US v. Lim, GR 11841. Mar.
the diseases of old age. 31, 1917]. See Negotiorum
[Sec. 2, RA 9257]. gestor.
Gerontophilia. Legal Med. Gift. A thing or a right to

Sexual desire with older dispose of gratuitously, or
persons. [Olarte, Legal Med., any act or liberality, in favor
1st Ed. (2004), p. 114]. of another who accepts it,
and shall include a simulated
Gerrymandering. Pol. Law. sale or an ostensibly onerous
The practice of creating a disposition thereof. It shall
legislative district composed not include an unsolicited
only of towns or localities gift of nominal or
where a preferred is insignificant value not given
expected to win, and in anticipation of, or in
excluding from said district exchange for, a favor from a
those towns and public official or employee.
municipalities where a [Sec. 3, RA 6713].
preferred candidate is not
expected to win. [Suarez, Gift enterprise. It is
Pol. Law Reviewer, 1st Ed., commonly applied to a
2002, p. 313]. sporting artifice under which
goods are sold for their
Gestation. 1. The period of market value, but by way of
development of the young in inducement each purchaser
viviparous animals, from the is given a chance to win a
time of fertilization of the prize [Caltex (Phils.) INC. v.
ovum until birth. [People v. Palomar, GR L-19650. Sep.
Pamor, GR 108599. Oct. 7, 29, 1966, citing 54 CJS, 850;
1994, citing The Sloane- 34 Am. Jur., 654; Black’s Law
Dorland Annotated Medical- Dict., 4th Ed. 817].
Legal Dict., 312 (1987 ed.)].
2. The length of gestation in Gift "propter nuptias." A
humans is thought to gift bestowed in 1880, when
average 266 days from the Civil Code was not yet in
conception, or 280 days force, is understood to have
(nine calendar months) from been made under the
the first day of the last provisions of law 9, title 4, of
482
the fifth Partida, which did enemies of the government

not require the form of a or of the country. [Gregorio,
public instrument except Fund. of Crim. Law Rev.,
when the gift exceeded 500 1997 9th Ed., p. 33].
maravedises in gold, to
which P200, the value of Giving assistance to
land donated, nowhere near suicide. Crim. Law. The
amounts. [Tiamson v. felony committed by any
Tiamson, GR 9692. Oct. 21, person who shall assist
1915]. another to commit suicide or
shall lend his assistance to
Gimmick. In contemporary another to the extent of
lingo, a ploy, a trick or a doing the killing himself.
racket. [Moreno’s Law Dict., [Art. 253, RPC].
2000 Ed., p. 197].
Giving away. A disposition
Give approval. To confirm, other than a sale. It is,
ratify, sanction or consent to therefore, an act short of a
some act or thing done by sale which involves no
another. [Ramos v. CA, GR consideration. [People v.
42108. Dec. 29, 1989]. Lacerna, GR 109250. Sep. 5,
1997].
Given name. Also Proper
name. That which is given Glaucoma. A disease
to the individual at birth or characterized by increased
at baptism, to distinguish tension or pressure within
him from other individuals. It the eye and progressive loss
may be freely selected by of visual field. Intraocular
the parents for the child. pressure increases when the
[Rep. v. Hernandez, GR patient exerts energy, as in
117209. Feb. 9, 1996]. running, reading, climbing
Compare with Surname or stairs, bending over to pick
family name. up an object. It also occurs
in relation to emotional
Giving aid or comfort to upsets. [Moreno’s Law Dict.,
the enemy. An act which 2000 Ed., p. 198].
strengthens or tends to
strengthen the enemy of the Global budget. An approach
government in the conduct to the purchase of medical
of war against the services by which health
government, or an act which care provider negotiations
weakens or tends to weaken concerning the costs of
the power of the providing a specific package
government or the country of medical benefits is based
to resist or to attack the solely on a predetermined
483
and fixed budget. [Sec. 1, RA GOCC. See Government-

9241]. owned or controlled
corporation.
Global competitiveness.
The ability to compete in Gold refining. The smelting
terms of price, quality and bars, bullion and treatment
volume of agriculture and of chemical reagents, electro
fishery products relative to refining, to remove other
those of other countries. metal contents leaving gold
[Sec. 4, RA 8435]. alone. [Sec. 2, RA 4095].
Global mobile personal Good conduct time

communications by allowance. The deductions
satellite. A satellite system from the period of sentence
providing to which any prisoner in any
telecommunications services penal institution of good
directly to end-users conduct shall be entitled,
anywhere in the globe from viz: (a) during the first two
a constellation of satellites. years of his imprisonment,
[Sec.3, EO 467, s. 1998]. he shall be allowed a
deduction of five days for
Global tax model. Imposes each month of good
uniform (usually progressive) behavior; (b) during the third
taxes on all types of income. to the fifth year, inclusive, of
[Intl. Law Dict. & Direct., his imprisonment, he shall
2004]. be allowed a deduction of
eight days for each month of
Globe doctrine. Labor. The good behavior; (c) during the
doctrine enunciated in Globe following years until the
Machine & Stamping Co. (3 tenth year, inclusive, of his
NLRB 294), and applied in imprisonment, he shall be
Democratic Labor Union v. allowed a deduction of ten
Cebu Stevedoring Co., (L- days for each month of good
10321, 28 Feb. 1958), where behavior; and (d) during the
bargaining units may be eleventh and successive
formed through separation years of his imprisonment,
of new units from existing he shall be allowed a
ones whenever plebiscites deduction of fifteen days for
had shown the workers' each month of good
desire to have their own behavior. [Art. 97, RPC].
representatives. [Mechanical
Department Labor Union sa Good faith. 1. In common
Phil. Natl. Railways v. CIR, usage, that state of mind
GR L-28223. Aug. 30, 1968]. denoting honesty of
purpose, freedom from
484
intention to defraud, and, Goods. 1. All items, supplies,

generally speaking, means materials and general
being faithful to one's duty support services, except
or obligation. It consists of consulting services and
the honest intention to infrastructure projects,
abstain from taking an which may be needed in the
unconscionable and transaction of the public
unscrupulous advantage of businesses or in the pursuit
another. [Filinvest Credit v. of any government
CA, GR 115902. Sep. 27, undertaking, project or
1995]. 2. The reasonable activity, whether in the
belief that the person from nature of equipment,
whom the possessor furniture, stationery,
received the thing was the materials for construction, or
owner thereof, and could personal property of any
transmit his ownership. [Art. kind, including non-personal
1127, CC]. or contractual services such
as the repair and
Good moral character. maintenance of equipment
Although the term admits of and furniture, as well as
broad dimensions, it has trucking, hauling, janitorial,
been defined as including at security, and related or
least common honesty. analogous services, as well
[Royong v. Oblena, Adm. as procurement of materials
Case 376, Apr. 30, 1963, 7 and supplies provided by the
SCRA 859; In re Del Rosario, procuring entity or such
52 Phil. 399 (1928)]. services. [Sec. 5, RA 9184].
2. Chattels and personal
Good offices. Intl. Law. A property other than: money,
method by which a third things in action, or things so
party attempts to bring the affixed to land as to become
disputing states together in a part thereof. [Sec. 3, PD
order that they may be able 115].
to discuss the issues in
contention. [Cruz, Intl. Law Good seeds. Seeds that are
Reviewer, 1996 Ed., p. 121]. the progeny of certified
seeds so handled as to
Good reasons. Special, maintain a minimum
important, pressing reasons acceptable level of genetic
(which) must exist to justify purity and identity and which
execution pending appeal. is selected at the farm level.
[Roxas v. CA, GR L-56960. [Sec. 4, RA 7607].
Jan. 28, 1988].
Goodwill. 1. An intangible
business asset which
485
includes a cultivated subdivisions, agencies or

reputation and instrumentalities, including
consequential attraction and government-owned or
confidence of repeat -controlled corporations and
customers and connections. their subsidiaries. [Sec. 1, RA
[Duhaime's Legal Dict., 7080]. 2. The Executive, the
2004]. 2. The advantage or Legislative and the Judicial
benefit which is acquired by Branches and the
an establishment beyond the Constitutional Commissions
mere value of the capital and shall include all, but
stock, funds or property shall not be limited to,
employed therein, in departments, bureaus,
consequence of the general offices, boards,
public patronage and commissions, courts,
encouragement which it tribunals, councils,
receives from constant or authorities, administrations,
habitual customers on centers, institutes, state
account of its local position, colleges and universities,
or common celebrity, or local government units, and
reputation for skill, or the armed forces. [Sec. 4, RA
necessities, or punctuality, 6758]. 3. The National
or from other accidental Government, the local
circumstances or governments, and all other
necessities, or even from instrumentalities, agencies
ancient partialities or or branches of the Republic
prejudices. [Bachrach v. of the Philippines including
Esteva, GR 44510. Dec. 24, government-owned or
1938]. See also Business controlled corporations, and
goodwill and Company their subsidiaries. [Sec. 3, RA
goodwill. 6713]. 4. That institution or
aggregate of institutions by
Gout. A disease characterized which an independent
by painful inflammation of society makes and carries
the joints, in excessive out those rules of action
amount of uric acid in the which are necessary to
blood. Poor man's gout is enable men to live in a social
caused by hard work, poor state, or which are imposed
food and exposure. [Meñez upon the people forming
v. ECC, GR L-48488. Apr. 25, that society by those who
1980, citing The Simplified possess the power or
Medical Dict. for Lawyers, p. authority of prescribing
268]. them. [US v. Dorr, GR 1051.
May 19, 1903]. Compare
Government. 1. The National with Administration. 5. Intl.
Government, and any of its Law. The instrumentality
486
that represents the state in and activities, which can be

its dealings with other performed only by the
international persons. [Cruz, Government, and so the
Intl. Law Reviewer, 1996 Ed., State is immune from tort
p. 37]. liability. [Fontanilla v.
Maliaman, GR 55963 &
Government accounting. It 61045. Feb. 27, 1991].
encompasses the processes Compare with Proprietary
of analyzing, recording, or Ministrant function.
classifying, summarizing and
communicating all Governmental interest
transactions involving the doctrine. Intl. Law. Doctrine
receipt and disposition of that courts should apply the
government funds and law of the state that has the
property, and interpreting most interest in determining
the results thereof. [Sec. the outcome of the dispute.
109, PD 1445]. [Intl. Law Dict. & Direct.,
2004].
Government agency. 1. Any
government entity, office or Governmental purpose. See
officer, other than a court, Public purpose.
that is vested by law with
quasi-judicial power to Government auditing. The
resolve or adjudicate dispute analytical and systematic
involving the government, examination and verification
its agencies and of financial transactions,
instrumentalities, or private operations, accounts, and
persons. [Sec. 3, RA 9285]. reports of any government
2. Any department, bureaus agency for the purpose of
or office of the National determining their accuracy,
Government, or any of its integrity, and authenticity,
branches and and satisfying the
instrumentalities, or any requirements of law, rules
political subdivision, as well and regulations. [Sec. 53, PD
as any government-owned 1445].
or controlled corporation,
including its subsidiaries, or Government Auditing Code
other self-governing board or of the Philippines. PD
commission of the 1445 entitled “Ordaining and
Government. [Sec. 2, Chap. instituting a Government
1 Subtitle B, EO 292]. Auditing Code of the
Philippines” signed into law
Governmental function. on June 11, 1978.
Also Constituent function.
Pol. Law. Certain functions
487
Government funds. Public states recognizing it, it is not

moneys of every sort and considered to be a subject of
other resources pertaining to international law. [Intl. Law
any agency of the Dict. & Direct., 2004].
Government. [Sec. 2, Chap.
1 Subtitle B, EO 292]. Government of paramount
force. Characteristics: (a)
Government gratuitous that its existence is
permit. The gratuitous maintained by active military
permit granted by the power within the territories
provincial governor to any and against the rightful
government entity or authority of an established
instrumentality to extract and lawful government; and
sand and gravel, quarry or (b), that while it exist it must
loose unconsolidated necessarily be obeyed in
materials needed in the civil matters by private
construction of building citizens who, by acts of
and/or infrastructure for obedience rendered in
public use or other purposes submission to such force, do
over an area of not more not become responsible, as
than two hectares (2 has.) wrongdoers, for those acts,
for a period coterminous though not warranted by the
with said construction. [Sec. laws of the rightful
49, RA 7942]. government. [Co Cham v.
Tan Keh, 75 Phil. 113. Sep.
Government hospital. A 17, 1945]. See De facto
hospital operated and government.
maintained either partially or
wholly by the national, Government of the
provincial, municipal or city Republic of the
government or other political Philippines. The corporate
subdivision, or by any governmental entity through
department, division, board which the functions of
or other agency thereof. government are exercised
[Sec. 2, RA 4226]. throughout the Philippines,
including, save as the
Government-in-exile. A contrary appears from the
government whose chief context, the various arms
executive and other principal through which political
officials have fled their state authority is made effective
in the face of hostile armed in the Philippines, whether
forces but which is pertaining to the
recognized as the de jure autonomous regions, the
government by at least one provincial, city, municipal or
other state. Except for the barangay subdivisions or
488
other forms of local guaranteed as to principal or

government. [Sec. 2, Admin. interest by the Republic of
Code of 1987]. the Philippines, or by a
person controlled or
Government-owned or supervised by and acting as
controlled corporation an instrumentality of the
(GOCC). 1. Corporations Government of the Republic
organized as a stock or non- of the Philippines pursuant
stock corporation vested to authority granted by the
with functions relating to Congress of the Philippines;
public needs, whether or any certificate of deposit
governmental or proprietary for any of the foregoing.
in nature, and owned by the [Sec. 3, RA 2629].
Government directly or
through its instrumentalities Government Service
either wholly or, where Insurance System. The
applicable as in the case of Government Service
stock corporations, to the Insurance System created
extent of at least fifty one under Commonwealth Act
percent (51%) of its capital No. 186, as amended. [Sec.
stock. This term shall also 1, RA 9241].
include financial institutions,
owned or controlled by the GPPB. The Government
National Government, but Procurement Policy Board
shall exclude acquired asset established in accordance
corporations, state with Art. X of RA 9184. [Sec.
universities, and colleges. 5, RA 9184].
[Sec. 2, RA 7656]. 2. A stock
or non-stock corporation Grade. All classes of positions
whether performing which, although different
government or proprietary with respect to kind or
functions, which is directly subject matter of work, are
chartered by special law or if sufficiently equivalent as to
organized under the general level of difficulty and
corporation law is owned or responsibility and level of
controlled by the qualification requirements of
government or subsidiary the work to warrant the
corporation, to the extent of inclusion of such classes of
at least a majority of its positions within one range of
outstanding capital stock or basic compensation. [Sec. 3,
of its outstanding voting PD 985].
stock. [Sec. 2, PD 2029].
Graduated tax. See
Government security. Any Progressive tax.
security issued or
489
Grandfather rule. The Gratuitous donation. An act

method by which the of liberality which has no
percentage of Filipino equity other basis than the desire
in a corporation engaged in to do good thing for the
nationalized and/or partly welfare of some persons.
nationalized activities, [Art. 725, CC].
provided for under the
Constitution and other Gratuitous permit. Permit
nationalization laws, is issued to any individual or
computed in cases where entity engaged in
there are corporate noncommercial scientific, or
shareholders. [Claridades, educational undertaking to
A., Compilation of Notes, collect wildlife. [Sec. 5, RA
2001-2006]. 9147].
Grant. The action of granting; Gratuitous title. Also Titulo

the thing granted. Consent, lucrativo. A transmission
permission. Promise. wherein the recipient gives
Admission, acknowledgment. nothing in return such as
Also, what is agreed to, donation and succession
promised, admitted, etc. [Cabardo v. Villanueva, 44
[Phil. Apparel Workers Union Phil. 186, 189-190, citing 6
v. NLRC, GR L-50320. July Manresa, Codigo Civil, 7th
31, 1981, citing Oxford Ed., 1951, p. 360].
English Dict. (Vol. IV)].
Gratuity. 1. A mere bounty
Granted. Bestowed, allotted. given by the Government in
[Phil. Apparel Workers Union consideration or recognition
v. NLRC, GR L-50320. July of meritorious services and
31, 1981, citing Oxford springs from the
English Dict. (Vol. IV)]. appreciation and
graciousness of the
Grantor. The person who sets Government. [Ilagan v. Ilaya,
up a trust. Also referred to GR 33507, Dec. 20, 1930]. 2.
as settlor. [Jurist’s Legal Something given freely, or
Dict., 2004]. without recompense; a gift;
something voluntarily given
Gratuitous contract or in return for a favor or
contract of pure services; a bounty; a tip.
beneficence. A contract the [Pirovano v. De la Rama
cause of which is the mere Steamship Co., 96 Phil. 357].
liberality of the benefactor.
[Art. 1350, Cc]. Gratuity pay. It is not
intended to pay a worker for
actual services rendered. It
490
is a money benefit given to to prevent him from so

the workers whose purpose doing. [Art. 286, RPC].
is "to reward employees or
laborers, who have rendered Grave coercion. Elements:
satisfactory and efficient (a) That any person be
service to the company.” prevented by another from
[Plastic Town Center Corp. v. doing something not
NLRC, GR 81176. Apr. 19, prohibited by law, or
1989]. compelled to do something
against his will, be it right or
Grave abuse of discretion. wrong; (b) that the
An act of a court or tribunal prevention or compulsion be
which was performed in a effected by violence, either
capricious or whimsical by material force or such
exercise of judgment which display of it as would
is equivalent to lack of produce intimidation and
jurisdiction. The abuse of control the will of the
discretion must be so patent offended party, and (c) that
and gross as to amount to the person who restrained
an evasion of positive duty the will and liberty of
or to a virtual refusal to another had no right to do
perform a duty enjoined by so, or, in other words, that
law, or to act at all in the restraint was not made
contemplation of law, as under authority of law or in
where the power is the exercise of a lawful right
exercised in an arbitrary and [Timoner v. People, GR L-
despotic manner by reason 62050. Nov. 25, 1983, citing
of passion or personal Aquino, The Rev. Penal
hostility. [De Luna v. IAC, Code, Book II, 1976, p.
170 SCRA 254 (1989)]. 1392].
Grave coercion. Crim. Law. Grave felonies. Those

The felony committed by any felonies to which the law
person who, without attaches the capital
authority of law, shall, by punishment or penalties
means of violence, prevent which in any of their periods
another from doing are afflictive, in accordance
something not prohibited by with Art. 25 of the Rev. Penal
law, or compel him to do Code. [Art. 9, RPC].
something against his will,
whether it be right or wrong, Grave misconduct. 1. A
or for the purpose of transgression of some
compelling another to established and definite rule
perform any religious act or of action, more particularly,
unlawful behavior or grave
491
misconduct by the public his family of any wrong

officer. The word amounting to a crime, and
"misconduct" implies a the offender shall have
wrongful intention and not a made the threat demanding
mere error of judgment. For money or imposing any
serious misconduct to exist, other condition, even though
there must be a reliable not unlawful, and whether or
evidence that the judicial not said offender shall have
acts complained of were attained his purpose, or the
corrupt or inspired by an threat be made in writing or
intention to violate the law, through a middleman, or
or were in persistent shall not have been made
disregard of well-known legal subject to a condition. [Art.
rules. [In re: Impeachment of 282, RPC].
Horrilleno, 43 Phil. 212]. 2. A
misconduct warranting Grave threats. Elements: (a)
removal from office of an That the offender threatened
officer which must have a another person with the
direct relation to and be infliction upon his person of
connected with the a wrong; (b) that such wrong
performance of official amounted to a crime; and (c)
duties, amounting either to that the threat was not
maladministration or willful, subject to a condition.
intentional neglect and [Reyes v. People, GR L-
failure to discharge the 21528 & L-21529. Mar. 28,
duties of the office. [Maaliw, 1969].
Willie Fernando S., CSC Res.
00-1290, June 1, 2000]. Grazing land. That portion of
the public domain which has
Grave scandal. Crim. Law. been set aside, in view of
The felony committed by any the suitability of its
person who shall offend topography and vegetation,
against decency or good for the raising of livestock.
customs by any highly [Sec. 3, PD 705].
scandalous conduct not
expressly falling within any Grease money. In the
other article of the Rev. vernacular, Lagay. Money
Penal Code. [Art. 200, RPC]. demanded for and accepted
as a form of graft and
Grave threats. Crim. Law. corruption so common in the
The felony committed by any application for licenses and
person who shall threaten permits from the
another with the infliction government. [Antonio v.
upon the person, honor or Sandiganbayan, GR L-57937.
property of the latter or of Oct. 21, 1988].
492
Grid. The high voltage

Greater weight of backbone system of
evidence. The phrase is interconnected transmission
synonymous with the term lines, substations and
Preponderance of related facilities. [Sec. 4, RA
evidence. [Moreno’s Law 9136].
Dict., 2000 Ed., p. 201].
Grid code. The set of rules
Greenbacks. The term by and regulations governing
which the US dollars are the safe and reliable
popularly known. [Bank of operation, maintenance and
the Phil. Islands v. IAC, GR L- development of the high
66826. Aug. 19, 1988]. voltage backbone
transmission system and its
Green card. US Resident related facilities. [Sec. 4, RA
Alien Registration Card, as 9136].
commonly referred to.
Moreno’s Law Dict., 2000 Grievance. A complaint filed
Ed., p. 201]. by an employee regarding
working conditions to be
Grego doctrine. Election resolved by procedural
Law. A possible exception to machinery provided in the
the rule (Labo doctrine) that union contract. An injury,
a second placer may not be injustice, or wrong which
declared the winning gives ground for complaint.
candidate, (which is) [Glossary of Legal Terms
predicated on the (Pro-Se), 2004].
concurrence of two
assumptions, namely: (a) the Grievance machinery. A
one who obtained the machinery for the
highest number of votes is adjustment and resolution of
disqualified; and (b) the grievances arising from the
electorate is fully aware in interpretation or
fact and in law of a implementation of the
candidate's disqualification collective bargaining
so as to bring such agreement and those arising
awareness within the realm from the interpretation or
of notoriety but would enforcement of company
nonetheless cast their votes personnel policies. [Art. 260,
in favor of the ineligible LC].
candidate. [Grego v.
Comelec, GR 125955. June Gross ignorance. The want
19, 1997]. Compare with or absence of reasonable
Labo doctrine. care, skill, and knowledge.

493
[Moreno’s Law Dict., 2000 revolting circumstances as

Ed., p. 201]. to shock the common sense
of decency. [Royong v.
Gross income. 1. All income Oblena, 7 SCRA 859, 869-
derived from whatever 870, Apr. 30, 1963].
source, including (but not
limited to) the following Gross neglect of duty.
items: (a) Compensation for Wanton negligence and open
services in whatever form disregard of one’s duties and
paid, including, but not functions. [Ventayen,
limited to fees, salaries, Ferdinand B., Res. 00-1453,
wages, commissions, and June 16, 2000].
similar items; (b) Gross
income derived from the Gross negligence. 1. It
conduct of trade or business evinces a thoughtless
or the exercise of a disregard of consequences
profession; (c) Gains derived without exerting any effort
from dealings in property; to avoid them. [Citibank, NA
(d) Interests; (e) Rents; (f) v. Gatchalian, 240 SCRA
Royalties; (g) Dividends; (h) 212, 218 (1995)]. 2. The
Annuities; (i) Prizes and want or absence of even
winnings; (j) Pensions; and slight care or diligence as to
(k) Partner's distributive amount to a reckless
share from the net income of disregard of the safety of
the general professional person or property. [Amedo
partnership. [Sec. 32, NIRC, v. Rio u Olabarrieta, 95 Phil.
as amended]. 2. In the case 33, 37 (1954)].
of taxpayers engaged in the
sale of service, it means Gross output. The actual
gross receipts less sales market value of minerals or
returns, allowances, mineral products from its
discounts and cost of mining area as defined in
services. [Sec. 27, NIRC, as the National Internal
amended]. Compare with Revenue Code. [Sec. 3, RA
Net income. 7942].
Grossly immoral conduct. A Gross Philippine Billings.

conduct so corrupt as to Gross revenue whether for
constitute a criminal act or passenger, cargo or mail
so unprincipled as to be originating from the
reprehensible to a high Philippines up to final
degree. [Reyes v. Wong, 63 destination, regardless of
SCRA 667, 673, Jan. 29, the place of sale or
1975]. An act committed payments of the passage or
under such scandalous or
494
freight documents. [Sec. 28, purchaser pays or is

NIRC, as amended]. obligated to pay to the seller
in consideration of the sale,
Gross receipts. Taxation. barter or exchange of the
The total amount of money goods or properties,
or its equivalent excluding the value-added
representing the contract tax. The excise tax, if any,
price, compensation, service on such goods or properties
fee, rental or royalty, shall form part of the gross
including the amount selling price. [Sec. 106,
charged for materials NIRC, as amended]. 2. The
supplied with the services total amount of money or its
and deposits and advanced equivalent which the
payments actually or purchaser pays to the
constructively received vendor to receive or get the
during the taxable quarter goods. [Connell Bros. Co. v.
for the services performed or Collector of Internal
to be performed for another Revenue, GR L-15470. Dec.
person, excluding value- 26, 1963].
added tax. [Sec. 108, NIRC,
as amended]. Gross tonnage. The under-
deck tonnage, permanently
Gross sales or receipts. The enclosed spaces above the
total amount of money or its tonnage deck, except for
equivalent representing the certain exemptions. In broad
contract price, compensation terms, all the vessel's
or service fee, including the 'closed-in' spaces expressed
amount charged or materials in volume terms on the
supplied with the services bases of one hundred cubic
and deposits or advance feet (that equals one gross
payments actually or ton). [Sec. 4, RA 8550].
constructively received
during the taxable quarter Gross value-added. The
for the services performed or value, excluding the value of
to be performed for another non-agricultural or fishery
person excluding discounts if intermediate inputs, of
determinable at the time of goods and services
sales, sales return, excise contributed by the
tax, and value-added tax agricultural and fisheries
(VAT). [Sec. 131, RA 7160]. sectors. [Sec. 4, RA 8435].
Gross selling price. Gross violations of the

Taxation. 1. The total Collective Bargaining
amount of money or its Agreement. See Collective
equivalent which the
495
Bargaining Agreement, a group of persons for its

gross violations of. repayment. The creditor can
collect from any of the
Grotius doctrine of members of the group which
immemorial prescription. guaranteed the said loan,
Intl. Law. The doctrine which without prejudice to the right
speaks of uninterrupted of reimbursement of the
possession of a territory member or members of the
going beyond memory. group who had advanced the
[Sandoval, Pol. Law Reviewer payment in favor of the
2003]. actual debtor. [Sec. 3, RA
8425].
Groundwater. A subsurface
water that occurs beneath a Grouping of contacts. See
water table in soils and Center of gravity doctrine
rocks, or in geological and Most significant
formations. [Sec 4, RA relationship theory.
9275].
Group insurance. Essentially
Groundwater vulnerability. a single insurance contract
Relative ease with which a that provides coverage for
contaminant located at or many individuals. In its
near the land surface can original and most common
migrate to the aquifer or form, group insurance
deep well. [Sec 4, RA 9275]. provides life or health
insurance coverage for the
Groundwater vulnerability employees of one employer.
map. The identified areas of [Pineda v. CA, GR 105562.
the land surface where Sep. 27, 1993].
groundwater quality is most
at risk from human activities Guano permit. The permit
and shall reflect the different granted by the provincial
degrees of groundwater governor to any qualified
vulnerability based on a person to extract and utilize
range of soil properties and loose unconsolidated guano
hydro geological criteria to and other organic fertilizer
serve as guide in the materials in any portion of a
protection of the municipality where he has
groundwater from established domicile. The
contamination. [Sec 4, RA permit shall be for specific
9275]. caves and/or for confined
sites with locations verified
Group character loan. A by the DENR's field officer in
loan contracted by a accordance with existing
member and guaranteed by
496
rules and regulations. [Sec. other than the issuing

51, RA 7942]. corporations. [Diaz, Bus. Law
Rev., 1991 Ed., p. 269].
Guarantee. 1. An expressed
or implied assurance of the Guarantor. 1. The insurer of
quality of the consumer the solvency of the debtor
products and services (who) thus binds himself to
offered for sale or length of pay if the principal is unable
satisfactory use to be to pay. [Machetti v. Hospicio,
expected from a product or 43 Phil. 297]. 2. A person
other similar specified who pledges collateral for
assurances. [Art. 4, RA the contract of another, but
7394]. 2. The commitment separately, as part of an
given in writing by a service independent contract with
and repair enterprise the obligee of the original
undertaking a service or contract. [Duhaime's Legal
repair work on a particular Dict., 2004]. Compare with
appliance or equipment, that Surety.
repair enterprise shall
undertake a rework of the Guaranty. A promise to
previous service and repair answer for the debt, default,
without any obligation from or miscarriage of another
the customer. [Sec. 1, PD person. A promise to answer
1572]. for the payment of some
debt or the performance of
Guarantee agreement. A some obligation, on default
contract between the of such payment of
participating financial performance, by a third
institution and OWWA person who is liable or
whereby the latter pledges expected to become liable
to pay a loan obtained by a therefor in the first instance.
migrant worker from the [Cacho v. Valles, GR 19493.
former in the case the Aug. 27, 1923].
worker defaults. [Sec. 30,
IRR, RA 8042]. Guaranty commission
agent. An agent who
Guaranteed bonds. Corp. receives on a sale, in
Law. Bonds secured or addition to the ordinary
guaranteed by a corporation commission, another called a
other than the issuing guarantee commission, in
corporation. which case he shall bear the
risk of collection and shall
Guaranteed shares. Corp. pay the principal the
Law. Those guaranteed by a proceeds of the sale on the
person, natural or juridical, same terms agreed upon
497
with the purchaser. [Art.

1907, CC]. Guardian ad litem. See also
Ad litem. 1. A guardian
Guaranty contract. 1. A appointed by a court for the
contract by which a person, purpose of assisting a minor
called the guarantor, binds or other incapacitated
himself to the creditor to person in a suit. [Torres,
fulfill the obligation of the Oblig. & Cont., 2000 Ed., p.
principal debtor, in case the 351]. 2. A guardian
latter should fail to do so. appointed to assist an infant
[Art. 2047, CC]. 2. A or other mentally incapable
collateral undertaking to pay defendant or plaintiff, or any
the debt of another in case such incapacitated person
the latter does not pay the that may be a party in a
debt. [Zobel v. CA, GR legal action. [Claridades, A.,
113931. May 6, 1998, citing Compilation of Notes, 2001-
Bouvier's Law Dict., Vol. I, 2006].
8th Ed., p. 1386]. See
Suretyship contract. Guardianship. 1. A trust
relation in which one person
Guardian. 1. A person acts for another whom the
appointed to be a protector law regards as incapable of
of the interests of a minor or managing his own affairs.
other incapacitated person. [Bench Book for Trial Court
[Torres, Oblig. & Cont., 2000 Judges, p. 3-2]. 2. Legal right
Ed., p. 351]. 2. An individual given to a person to be
who, by legal appointment responsible for the food,
or by the effect of a written housing, health care, and
law, is given custody of both other necessities of a person
the property and the person deemed incapable of
of one who is unable to providing these necessities
manage his own affairs, such for himself or herself.
as a child or mentally- [Glossary of Legal Terms
disabled person. [Duhaime's (Pro-Se), 2004].
Legal Dict., 2004]. 3. A
person appointed by will or Guidance and counseling.
by law to assume A profession that involves
responsibility for the use of an integrated
incompetent adults or minor approach to the
children. If a parent dies, this development of a well-
will usually be the other functioning individual
parent. If both die, it primarily by helping him/her
probably will be a close potentials to the fullest and
relative. [Glossary of Legal plan him/her to utilize
Terms (Pro-Se), 2004]. his/her potentials to the
498
fullest and plan his/her

future in accordance with
his/her abilities, interests
and needs. It includes
functions such as counseling
subjects, particularly
subjects given in the
licensure examinations, and
other human development
services. [Sec. 3, RA 9258].
Guidance counselor. A
natural person who has been
registered and issued a valid
Certificate of Registration
and a valid Professional
Identification Card by the
Professional Regulatory
Board of Guidance and
Counseling and the -H-
Professional Regulatory
Commission (PRC) in H-1 visa. A working visa
accordance with RA 9258 issued by the US
and by virtue of specialized government. It is non-
training performs for a fee, immigrant visa. [Moreno’s
salary or other forms of Law Dict., 2000 Ed., p. 205].
compensation, the functions
of guidance and counseling Habeas corpus. Lat. Have
under Sec. 3 (a) of said Act. the body. 1. A court petition
[Sec. 3, RA 9258]. which orders that a person
being detained be produced
Guy. A line from the vise of before a judge for a hearing
the vessel, enabling the to decide whether the
boom, once released from detention is lawful.
the collar, to swing from side [Duhaime's Legal Dict.,
to side. The guys hold the 2004]. 2. The name of a writ
boom in the exact position having for its object to bring
desired while discharging a person before a court.
cargoes. If it is desired to [Jurist’s Legal Dict., 2004].
swing the boom to the right,
then the guy on the right Habere facias
should be tightened and at possessionem. Lat. The
the same time easing up the process commonly resorted
guy to the left. [Moreno’s to by the successful party in
Law Dict., 2000 Ed., p. 204]. an action of ejectment, for
499
the purpose of being placed within a period of ten years

by the sheriff in the actual from the date of his release
possession of the land or last conviction of the
recovered. [Arcadio v. crimes of serious or less
Ylagan, Adm. Case 2734. July serious physical injuries,
30, 1986]. robo, hurto, estafa, or
falsification, is found guilty
Habitacion adicional. Sp. An of any said crimes a third
additional room or annex. time or oftener. [Almeda v.
[Moreno’s Law Dict., 2000 Villaluz, GR L-31665. Aug. 6,
Ed., p. 205]. 1975; Art. 62, RPC]. 2. Prop.
Mgt. A contractor/supplier
Habitat. Place or who fails to abide by or
environment where species comply with terms and
or subspecies naturally occur conditions of his contract for
or has naturally established two (2) or more times within
its population. [Sec. 5, RA a period of one (1) year. [IRR
9147]. on Supply & Prop. Mgt., per
Sec. 383, LGC].
Habitual delinquency. Also
Delito de habito. It is Habitual drunkard. One
simply a fact or given to intoxication by
circumstance which, if excessive use of intoxicating
present in a given case with drinks. The habit should be
the other circumstances actual and confirmed. It
enumerated in Rule 5 of Art. lessens individual resistance
62 of the Rev. Penal Code, to evil thought and
gives rise to the imposition undermines will-power
of the additional penalties making its victim a potential
therein prescribed. This is all evildoer [People v. Camano,
the more true because the GR L-36662-63. July 30,
law itself clearly provides 1982, citing Aquino, Rev.
that the habitual delinquent Penal Code, pp. 408-409].
must be sentenced to the
penalty provided by law for Habituality. See
his last crime in addition to Reiteracion.
the additional penalty he
deserves. [People v. De Habitually absent. An officer
Jesus, GR 45198. Oct. 31, or employee who incurs
1936]. Also Multi- unauthorized absences
recidivism. exceeding the allowable 2.5
days monthly leave credit
Habitual delinquent. 1. under the Leave Law for at
Sometimes called a Multi- least three (3) months in a
recidivist. A person who, semester or at least three
500
(3) consecutive months between the top and bottom

during the year. [Sec. 22(q), of the staff. [Sec. 3, RA
Rule XIV, Omnibus Rules 8491].
Implementing Book V of EO
292]. Hallucination. Legal Med. An
erroneous perception
Habitually tardy. An without an external object or
employee who incurs stimulus. [Olarte, Legal
st
tardiness, regardless of the Med., 1 Ed. (2004), p. 146].
number of minutes, ten (10) Compare with Illusion.
times a month for at least
two (2) months in a Hambog. Tag. The word
semester or at least two (2) means not just braggart, but
consecutive months during proud or arrogant. [Madrona
the year. [Sec. 22(q), Rule v. Rosal, GR 39120. Nov. 21,
XIV, Omnibus Rules 1991].
Implementing Book V of EO
292]. Hamlet. A small village.
Habitual mendicant. One Ed., p. 205].
who has been convicted of
mendicancy under PD 1563 Hamletting. Loosely defined,
two or more times. [Sec. 3, the forced clustering into a
PD 1563]. small village of the residents
of a sitio or barangay to
Hacking. Short and enable the military to
interrupted. [Moreno’s Law operate effectively within
Dict., 2000 Ed., p. 205]. the area or vicinity left by
the residents or inhabitants.
Half ahead. A maritime [Moreno’s Law Dict., 2000
maneuver equivalent to Ed., p. 205].
twelve miles per hour.
[Moreno’s Law Dict., 2000 Handcarry. A piece of
Ed., p. 205]. luggage that is not checked-
in, hence, not given a claim
Half-blood relationship. tag. It is under the custody
That existing between and care of the passenger
persons who have the same concerned. [Moreno’s Law
father, but not the same Dict., 2000 Ed., p. 206].
mother, or the same mother,
but not the same father. Handicap. 1. A disadvantage
[Art. 967, CC]. for a given individual,
resulting from an
Half-mast. Lowering the flag impairment or a disability,
to one-half the distance that limits or prevents the
501
function or activity, that is writing, distinguishing it

considered normal given the from that of other persons.
age and sex of the Anything written by hand; an
individual. [Sec. 4, RA 7277]. instrument written by hand
2. A disadvantage suffered of a person, or a specimen of
by a person which makes his writing. [Black’s Law
achievement unusually Dict., Abr. 5th Ed. (1983),
difficult because of some 365].
physical and/or psycho-
social impairment. It also Harassment. Unsolicited
refers to cumulative effect of words or conduct which tend
obstacles which the to annoy, alarm or abuse
disadvantage interposes another person. [Duhaime's
between the individual and Legal Dict., 2004].
his maximum functional
level. [Sec. 11, PD 1509]. Harbor fee. The amount
which the owner, agent,
Handicapped workers. operator or master of a
Those whose earning vessel has to pay for each
capacity is impaired by age entrance into or departure
or physical or mental from a port of entry in the
deficiency or injury. [Art. 78, Philippines. [Sec. 2701, RA
LC]. 1937].
Handicraft establishment. Harbor line. The limiting line

See Cottage beyond which no piers,
establishment. wharves, bulkheads or other
works shall be extended or
Handicrafts and any deposits made. [Sec. 3,
shellcrafts. A trade or RA 4663].
activity in which articles are
fashioned totally or chiefly Hard surfactants.
by hand with manual or Surfactants with low
artistic skill, using principally biodegradability rate
indigenous materials. [Sec. including chemicals such as
1, PD 1634]. hard or branded alkyl
benzene, hard or branched
Handwriting. The alkyl benzene surfactants,
chirography of a person; the hard or branded dodecyl
cast or form of writing benzene sulfonates,
peculiar to a person, branched dodecyl benzene,
including the size, shape, their sodium or potassium
and style of letters, tricks of salts and other technical
penmanship, and whatever names referring to the same
gives individuality to his
502
chemical compound. [Sec. 2, Harvesting. The gathering of

RA 8970]. the crops. Synonymous with
“reaping.” [Moreno’s Law
Harmless error. 1. Any error Dict., 2000 Ed., p. 206].
in either the admission or
the exclusion of evidence Hauler. Any person, whether
and any error or defect in natural or juridical, engaged
any ruling or order or in in the transport, distribution,
anything done or omitted by hauling, and carriage of
the trial court or by any of petroleum products, whether
the parties which is not in bulk or packed form, from
deemed to be a ground for the oil companies and
granting a new trial or for independent marketers to
setting aside, modifying, or the petroleum dealers and
otherwise disturbing a other consumers. [Sec. 4, RA
judgment or order, unless 8479].
refusal to take such action
appears to the court Hazardous
inconsistent with substantial operation/process. Any act
justice. Any error or defect of manufacturing,
which does not affect the fabrication, conversion, etc.,
substantial rights of the that uses or produces
parties and which the court materials which are likely to
at every stage of the cause fires or explosions.
proceeding must disregard. [Sec. 3, PD 1185].
[Sec. 6, Rule 51, RoC]. 2. An
error committed during a Hazardous substances.
trial that was corrected or Elements or compounds
was not serious enough to which when discharged in
affect the outcome of a trial any quantity present
and therefore was not imminent or substantial
sufficiently harmful danger to public health and
(prejudicial) to be reversed welfare. [Sec. 62, PD 1152].
on appeal. [Glossary of Legal
Terms, Pro-Se Handbook, Hazardous waste. Any
(Internet)]. See English waste or combination of
Exchequer Rule. wastes of solid liquid,
contained gaseous, or semi-
Harvested material. Any solid form which cause, of
part of a plant with potential contribute to, an increase in
economic value or any mortality or an increase in
product made directly serious irreversible, or
therefrom in proper case. incapacitating reversible
[Sec 3, RA 9168]. illness, taking into account
toxicity of such waste, its
503
persistence and physical defect. [Sec. 35,

degradability in nature, its NIRC, as amended].
potential for accumulation or
concentration in tissue, and Headworks. The composite
other factors that may parts of the irrigation system
otherwise cause or that divert water from
contribute to adverse acute natural bodies of water such
or chronic effects on the as rivers, streams, and lakes.
health of persons or [Sec. 4, RA 8435].
organism. [Sec 4, RA 9275].
Healthcare practitioner.
Heading. Also Headline or Physicians, nurses,
headnote. A part of the midwives, nursing aides and
statute of limiting and traditional birth attendants.
defining the sections to [Sec. 4, RA 9288].
which it refers and should be
given effect according to its Health care provider. It
import as though it was in refers to: (a) a health care
the body of the act. institution , which is duly
[Moreno’s Law Dict., 2000 licensed and accredited
Ed., p. 206]. devoted primarily to the
maintenance and operation
Head of the family. 1. Any of facilities for health
person so defined in the promotion, prevention,
National Internal Revenue diagnosis, injury, disability,
Code, as amended. [Sec. 2, or deformity, drug addiction
RA 9257]. 2. An unmarried or or in need of obstetrical or
legally separated man or other medical and nursing
woman with one or both care. It shall also be
parents, or with one or more construed as any institution,
brothers or sisters, or with building, or place where
one or more legitimate, there are installed beds,
recognized natural or legally cribs, or bassinets for
adopted children living with twenty-four hour use or
and dependent upon him for longer by patients in the
their chief support, where treatment of diseases,
such brothers or sisters or injuries, deformities, or
children are not more than abnormal physical and
twenty-one (21) years of mental states, maternity
age, unmarried and not cases or sanitarial care; or
gainfully employed or where infirmaries, nurseries,
such children, brothers or dispensaries, rehabilitation
sisters, regardless of age are centers and such other
incapable of self-support similar names by which they
because of mental or may be designated; or (b) a
504
health care professional,

who is any doctor of Health institutions. 1.
medicine, nurse, midwife, Hospitals, health infirmaries,
dentist, or other health care health centers, lying-in
professional or practitioner centers or puericulture
duly licensed to practice in centers with obstetrical and
the Philippines and pediatric services, whether
accredited by the Phil. public or private. [Sec. 4, RA
Health Ins. Corp. (PHIC); or 9288; Sec. 3, RA 7600].
(c) a health maintenance
organization, which is entity Health insurance
that provides, offers, or identification (ID) card.
arranges for coverage of The document issued by the
designated health services Phil. Health Ins. Corp. to
needed by plan members for members and dependents
a fixed prepaid premium; or upon their enrollment to
(d) a community-based serve as the instrument for
health organization, which is proper identification,
an association of indigenous eligibility verification, and
members of the community utilization recording. [Sec. 1,
organized for the purpose of RA 9241].
improving the health status
of that community through Health personnel.
preventive, promotive and Professionals and workers
curative health services. who manage and/or
[Sec. 1, RA 9241]. administer the entire
operations of health
Health care system. institutions and/or who are
Governmental, non- involved in providing
governmental or private maternal and child health
institutions or organizations services. [Sec. 3, RA 7600].
engaged, directly or
indirectly, in health care for Health Research and
mothers, infants and Development Act of 1998.
pregnant women; and RA 8503 entitled “An Act
nurseries or child care providing for the promotion
institutions. It also includes of health research and
health workers in private development, establishing
practice. For the purpose of for the purpose the National
this Code, the health care Institutes of Health (NIH),
system does not include defining its objectives,
pharmacies or other powers and functions, and
established sales outlets. for other purposes” enacted
[Sec.4, EO 51, Oct. 20, on Feb. 13, 1998.
1986].
505
Health worker. A person present his case and to

working in a component of adduce evidence tending to
such health care system, establish the rights which he
whether professional or non- asserts but the tribunal must
professional, including consider the evidence
volunteer workers. [Sec.4, presented. [Ang Tibay v. CIR,
EO 51, Oct. 20, 1986]. GR 46496. Feb. 27, 1940].
Healthy residual. A sound or Hearsay evidence. 1. Any

slightly injured tree of the evidence, whether oral or
commercial species left after documentary, the probative
logging. [Sec. 3, PD 705]. value of which is not based
on the personal knowledge
Hearing. A formal proceeding of the witness but on the
(generally less formal than a knowledge of some other
trial) with definite issues of person not on the witness
law or of fact to be heard. stand. [Sec. 36, Rule 13,
Hearings are used RoC]. 2. Evidence not of
extensively by legislative what the witness knows
and administrative agencies. himself but of what he has
[Glossary of Legal Terms heard from others. [People v.
(Pro-Se), 2004]. Manhuyod, GR 124676. May
20, 1998, citing Francisco,
Hearing de novo. A full new Evidence 244 (3rd Ed.,
hearing. [Jurist’s Legal Dict., 1996)]. 3. Statements by a
2004]. Also De novo witness who did not see or
hearing. hear the incident in question
but heard about it from
Hearing officers. Officers someone else. Hearsay is
appointed or designated in usually not admissible as
the DOLE-Regional Office evidence in court. [Glossary
and authorized to hear and of Legal Terms (Pro-Se),
decide cases under Sec. 2 of 2004]. Compare with Non-
RA 6715 and whose decision hearsay.
is appealable to the NLRC.
[Sec. 1, Rule 1, Book 5, IRR Heart failure. Acute cardio-
of LC]. respiratory failure. [De
Clemente v. Workmen's
Hearing, right to a. The Compensation Commission,
right of the party interested GR L-42087. Apr. 8, 1988].
or affected to present his
own case and submit Heavy durable. Any durable
evidence in support thereof. item not portable or too
Not only must the party be large to be shipped as
given an opportunity to accompanied personal item
506
in the course of travel.

[Customs Admin. Order 3-95, Heir. A person called to the
Dec. 6, 1995]. succession either by the
provision of a will or by
Heinous. 1. Grievous, odious operation of law. [Art. 782,
and hateful. [People v. CC].
Buyok, GR 109771. Aug. 25,
1994]. 2. The etymological Help. In its ordinary
root of the word was traced connotation, to assist.
to the Early Spartans' word, [Moreno’s Law Dict., 2000
"haineus", meaning, hateful Ed., p. 207].
and abominable, which, in
turn, was from the Greek Hematoma. A swelling
prefix "haton", denoting acts containing clotted blood,
so hatefully or shockingly usually caused by direct
evil. [Justice Kapunan’s violence. [Moreno’s Law
dissenting opinion, People v. Dict., 2000 Ed., p. 207].
Alicando, 251 SCRA 293
(1995)]. Hepatoma. See Liver
cancer.
Heinous crimes. Crim. Law.
1. Grievous, odious and Herbal medicines. Finished,
hateful offenses which, by labeled, medicinal products
reason of their inherent or that contain as active
manifest wickedness, ingredient/s aerial or
viciousness, atrocity and underground part/s of plant
perversity are repugnant or other materials or
and outrageous to the combination thereof,
common standards and whether in the crude state or
norms of decency and as plant preparations.
morality in a just, civilized Medicines containing plant
and ordered society. [RA material(s) combined with
7659]. 2. A grave felony as chemically-defined active
defined in the Rev. Penal substances, including
Code, or an offense chemically-defined, isolated
punishable under special constituents of plants, are
law, committed in a manner not considered to be herbal
that is revolting or shocking medicines. [Sec. 4, RA
to the common sensibilities 8423].
of man, whether deliberately
sought or not, such as those Herbolario. Tag. 1. Herb
attended by cruelty, healer. [People v. Mercado,
ignominy, treachery, and GR L-30298. Mar. 30, 1971].
similar circumstances. [Sec. 2. Quack doctor. [People v.
4, EO 3 (1992)]. Malate, GR L-40791. Sep. 11,
507
1982]. 3. Faith healer. Confesor, GR 102358. Nov.

[People v. Oliquino, GR 19, 1992].
94703. May 31, 1993].
High-end or luxury goods.
Herencia futura. Sp. Future. Goods which are not
[Blas v. Santos, GR L-14070. necessary for life
Mar. 29, 1961]. maintenance and whose
demand is generated in
Heritable condition. Any large part by the higher
condition that can result in income groups. Luxury
mental retardation, physical goods shall include, but are
deformity or death if left not limited to products such
undetected and untreated as; jewelry, branded or
and which is usually designer clothing and
inherited from the genes of footwear, wearing apparel,
either or both biological leisure and sporting goods,
parents of the newborn. electronics and other
[Sec. 4, RA 9288]. personal effects. [Sec. 3, RA
8762].
Herrera-Veloso Law. RA
6715 which took effect on Higher Education
March 21, 1989. Modernization Act of
Hidden treasure. Any hidden Act providing for the uniform
and unknown deposit of composition and powers of
money, jewelry, or other the governing boards, the
precious objects, the lawful manner of appointment and
ownership of which does not term of office of the
appear. [Art. 439, CC]. president of chartered state
universities and colleges,
Hierarchy. A group arranged and for other purposes”
according to rank or enacted on June 6, 1997.
authority. [Intl. Law Dict. &
Direct., 2004]. High level employee. One
whose functions are
Hierarchy of evidentiary normally considered policy
values. (a) Proof beyond determining, managerial or
reasonable doubt at the one whose duties are highly
highest level, followed by (b) confidential in nature.
clear and convincing [Arizala v. CA, GR 43633-34.
evidence, (c) preponderance Sep. 14, 1990].
of evidence, and (d)
substantial evidence, in that Highly technical industries.
order. [Manalo v. Nieves- Trade, business, enterprise,
industry, or other activity,
508
which is engaged in the less per kilogram of body

application of advanced weight, or when
technology. [Sec. 2, Rule 6, administered through
Book 3, IRR of LC]. continuous contact with the
bare skin for twenty-four
Highly toxic substance. Any hours or less. [Art. 4, RA
substance which has any of 7394].
the following effects: (a)
produces death within High-risk behavior. A
fourteen days to one-half or person's frequent
more than one-half of a involvement in certain
group of ten or more activities which increase the
laboratory white rats each risk of transmitting or
weighing between Two acquiring HIV. [Sec. 4, RA
hundred and three hundred 8496].
grams, at a single dose of
fifty milligrams or less per High seas. Intl. Law. 1. They
kilogram of body weight, are also treated as res
when orally administered; or communes or res nullius,
(b) produces death within and thus, are not territory of
fourteen days to one-half or any particular state. The
more of a group of ten or traditional view is freedom of
more laboratory white rats the high seas – they are
each weighing between two open and available, without
hundred and three hundred restriction, to the use of all
grams, when inhaled states for the purpose of
continuously for a period of navigation, flight over them,
one hour or less at an laying submarine cables and
atmospheric concentration pipes, fishing, research,
of two hundred parts per mining, etc. [Sandoval, Pol.
million by volume or less of Law Reviewer 2003]. 2. The
gas or vapor or two ocean areas outside the
milligrams per liter by territorial seas and maritime
volume or less of mist or zones of coastal states. They
dust, provided such are open to use by all states
concentration is likely to be for peaceful purposes. [Intl.
encountered by man when Law Dict. & Direct., 2004].
the substance is used in any
reasonably foreseeable High-value crops (HVC).
manner, or (c) produces Crops other than traditional
death within fourteen days crops which include, but are
to one-half or more of a not limited to: coffee and
group of ten or more rabbits, cacao, fruit crops, root
when tested in a dosage of crops , vegetable crops,
two hundred milligrams or legumes, pole sitao, spices
509
and condiments, and foreign registry to land in

cutflower and ornamental Philippine territory or to
foliage plants. [Sec. 4, RA seize or usurp the control
7900]. thereof while it is within the
said territory. [Sec. 1, RA
High-Value Crops 6235].
Development Act of 1995.
RA 7900 entitled “An Act to Hijacking. Also Aircraft
promote the production, piracy. The offense
processing, marketing and committed by any person
distribution of high-valued who shall compel a change
crops, providing funds in the course or destination
therefor, and for other of an aircraft of Philippine
purposes” enacted on Feb. registry, or to seize or usurp
23, 1995. the control thereof, while it
is in flight (from the moment
Highway robbers. See all its external doors are
Brigands. closed following embarkation
until any of such doors is
Highway robbery or opened for disembarkation),
brigandage. The seizure of or shall compel an aircraft of
any person for ransom, foreign registry to land in
extortion or other unlawful Philippine territory or to
purposes or the taking away seize or usurp the control
of property of another by thereof while it is within the
means of violence against or said territory. [Sec. 1, RA
intimidation of persons nor 6235].
force upon things or other
unlawful means, committed Hijo de puta. Sp. Son of a
by any person on any whore. [US v. Gil, GR 4704.
Philippine Highway. [Sec. 2, Apr. 26, 1909].
PD 532].
Hiligaynon. An Austronesian
Hijacker. A person who language of the Hiligaynon
compels a change in the people (those inhabiting
course or destination of an Panay and part of Negros,
aircraft of Philippine registry, Philippines) related but not
or to seize or usurp the mutually intelligible with
control thereof, while it is in Cebuano and frequently
flight (from the moment all considered a dialect of
its external doors are closed Bisayan. [Bofill v. CA, GR
following embarkation until 107930. Oct. 7, 1994, citing
any of such doors is opened Webster's 3rd New Intl. Dict.,
for disembarkation), or 1986 Ed., p. 1069].
compels an aircraft of
510
Hilot. Tag. An unlicensed business agent. [Poquiz,

midwife. [People v. Sendon, Labor Rel. Law, 1999 Ed. p.
GR 101579-82. Dec. 15, 156, citing Beal and
1993]. Wickersham, The Practice of
Collective Bargaining, pp.
Hipag. Tag. Sister-in-law. 242-243].
Sometimes loosely used to
refer to a (female) cousin-in- Historical site. Any place,
law. [Claridades, A., province, city, town and/or
Compilation of Notes, 2001- any location and structure
2006]. Compare with Bilas which has played a
and Bayaw. significant and important
role in the history of our
Hire and fire. Labor. The country and nation. Such
right of an employer to significance and importance
dismiss an employee, when may be cultural, political,
the employment is without a sociological or historical.
definite period, at any time, [Sec. 3, RA 4846].
with or without cause,
provided that, if the Historic bays. Intl. Law. Bays
dismissal is without cause, whose waters are considered
the employer gives the internal but which should not
employee the necessary have that character were it
notice or termination pay. not for the existence of a
[Moreno’s Law Dict., 2000 historic title. Examples are
Ed., p. 208]. the Bay of Cancale in France,
the Bay of El-Arab in Egypt,
Hiring agreement. Labor. An and Hudson Bay in Canada.
agreement whereby the [Cruz, Intl. Law Reviewer,
employer is obliged to hire 1996 Ed., p. 62].
only those union members in
hiring agreement. However, HIV. See Human Immuno-
it does not necessarily mean deficiency Virus.
that union members should
maintain their membership HIV/AIDS monitoring. The
as a condition sine qua non documentation and analysis
for employment. [Poquiz, of the number of HIV/AIDS
Labor Rel. Law, 1999 Ed. p. infections and the pattern of
157]. its spread. [Sec. 4, RA 8496].
Hiring hall arrangement. HIV/AIDS prevention and

Labor. An arrangement control. Measures aimed at
where the employer protecting non-infected from
requisitions new employees contracting HIV and
directly from the union minimizing the impact of the
511
condition of persons living

with HIV. [Sec. 4, RA 8496]. Hoax. Something done for
deception or mockery, or
HIV-negative. The absence trick played off in sport; a
of HIV or HIV antibodies practical joke. [Moreno’s Law
upon HIV testing. [Sec. 3, RA Dict., 2000 Ed., p. 208].
8504].
Hodge-podge legislation.
HIV-positive. The presence Also Log-rolling
of HIV infection as legislation. A mischievous
documented by the presence legislative practice of
of HIV or HIV antibodies in embracing in one bill several
the sample being tested. distinct matters, none of
[Sec. 3, RA 8504]. which, perhaps, could singly
obtain the assent of the
HIV testing. Any laboratory legislator, and then
procedure done on an procuring its passage by a
individual to determine the combination of the
presence or absence of HIV minorities in favor of each of
infection. [Sec. 3, RA 8504]. the measure into a majority
that will adopt them all. The
HIV transmission. The object of such kind of
transfer of HIV from one legislation is to unite the
infected person to an legislators who favor any
uninfected individual, most one of the subjects in
commonly through sexual support of the whole act.
intercourse, blood [Suarez, Stat. Con., (1993),
transfusion, sharing of p. 44, citing Sumulong v.
intravenous needles and Comelec, 73 Phil. 283].
during pregnancy. [Sec. 3, Compare with One-subject,
RA 8504]. one-title rule.
Hoarding. The undue Hoist. The part of the flag

accumulation of a trader of nearest the staff or the
petroleum and/or products canvass to which the halyard
beyond his or its normal is attached. [Sec. 3, RA
inventory levels, and/or 8491].
unjustified refusal to dispose
of, sell or distribute the Holder. Nego. Inst. 1. The
same to consumers; or the payee or indorsee of a bill or
unreasonable accumulation note who is in possession of
by a person other than a it, or the bearer thereof.
trader of petroleum and/or [Sec. 191, NIL]. 2. A person
petroleum products. [Sec. 2, who acquires an instrument
PD 1865; Sec. 3, BP 33].
512
by negotiation. [Intl. Law acquires a negotiable

Dict. & Direct., 2004]. instrument for value, in good
faith, and without notice that
Holder for value. Nego. Inst. it is overdue, has been
1. One who must meet all dishonored, or that persons
the requirements of a holder required to pay on it have
in due course under Sec. 52 some valid excuse for not
of the Nego. Inst. Law except doing so. [Intl. Law Dict. &
notice of want of Direct., 2004].
consideration. [Agbayani,
Comm. Laws of the Phil., Holder of a receipt. A
1964, p. 208]. 2. If he does person who has both actual
not qualify as a holder in due possession of such receipt
course, then he holds the and a right of property
instrument subject to the therein. [Sec. 58, Act 2137].
same defenses as if it were
non-negotiable. [Sec. 26, Holding corporation or
NIL]. company. 1. A corporation
(or company) which controls
Holder in bad faith. Nego. another as a subsidiary by
Inst. A person who acquires the power to elect
an instrument knowing that management. It holds stocks
it was not properly in other companies for
negotiated to him. [Intl. Law purposes of control rather
Dict. & Direct., 2004]. than for mere investment. 2.
Corporation (or company)
Holder in due course. Nego. owned by a parent or
Inst. 1. A holder who has parents to supervise and
taken the instrument under coordinate the operations of
the following conditions: (a) subsidiary companies. [Intl.
that it is complete and Law Dict. & Direct., 2004].
regular upon its face; (b) See Parent corporation.
that he became the holder of
it before it was overdue, and Hold-Order. An order to
without notice that it had temporarily prevent a person
been previously dishonored, from leaving the country
if such was the fact; (c) That where his departure will
he took it in good faith and prejudice, hamper or
for value; (d) that at the time otherwise obstruct the task
it was negotiated to him he of the PCGG in the
had no notice of any enforcement of EOs 1 and 2,
infirmity in the instrument or because such person is
defect in the title of the known or suspected to be
person negotiating it. [Sec. involved in the properties or
52, NIL]. 2. A holder who transactions covered by said
513
EOs. [Kwong v. PCGG, GR of the observer must focus

79484. Dec. 7, 1987, PCGG not only on the predominant
Rules and Regulations dated words but also on the other
11 April 1986]. features appearing in both
labels in order that he may
Hold-over status. Admin. draw his conclusion whether
Law. When a public officer is one is confusingly similar to
placed on hold-over status, it the other. [Emerald Garment
means that his term has Mfg. Corp. v. CA, GR 100098.
expired or his services Dec. 29, 1995]. Compare
terminated but he should with Dominancy test.
continue holding his office
until his successor is Holmes dictum. “The power
appointed or chosen and has to tax is not the power to
qualified. [Blaquera v. CSC, destroy while the Supreme
GR 103121. Sep. 10, 1993]. Court sits.” [Claridades, A.,
Holdup. The act of forcibly 2006]. Compare with
stopping and robbing. Marshall dictum. See
Robbery under threat of Power to tax is not the
violence or an armed power to destroy.
robbery. An assault on a
person for the purpose of Holographic will. Succ. 1. A
robbery. [Moreno’s Law will executed by the testator
Dict., 2000 Ed., p. 208]. which must be entirely
written, dated, and signed
Holistic test. The test in by the hand of the testator
determining whether himself. It is subject to no
colorable imitation exists other form, and may be
which mandates that the made in or out of the
entirety of the marks in Philippines, and need not be
question must be considered witnessed. [Ajero v. CA, GR
in determining confusing 106720. Sep. 15, 1994; Art.
similarity. In determining 810, CC]. 2. A will written
whether the trademarks are entirely in the testator’s
confusingly similar, a handwriting and not
comparison of the words is witnessed. [Duhaime's Legal
not the only determinant Dict., 2004]. Compare with
factor. The trademarks in Notarial will.
their entirety as they appear
in their respective labels or Holographic will, probate
hang tags must also be of. Succ. Issues to be
considered in relation to the resolved: (a) Whether the
goods to which they are instrument submitted is,
attached. The discerning eye indeed, the decedent's last
514
will and testament; (b) principal markets of the

whether said will was country from where
executed in accordance with exported on the date of
the formalities prescribed by exportation to the
law; (c) whether the Philippines. [Sec. 210, Tariff
decedent had the necessary and Customs Code].
testamentary capacity at the
time the will was executed; Home consumption value
and, (d) whether the or price. The value or price
execution of the will and its declared in the consular,
signing were the voluntary commercial, trade or sales
acts of the decedents. invoice, certified to as
[Montanano v. Suesa, 14 correct under penalties of
Phil. 676 (1909)]. perjury by the Philippine
consul at the port of origin if
Holy Qur'an. The Muslim there is any. [Sec. 1, PD
Holy Scripture. [Sulu Islamic 1358].
Assoc. of Masjid Lambayong
v. Malik, AM MTJ-92-691. Homelot. The contiguous
Sep. 10, 1993]. area where the tenant-
farmer beneficiary has
Home care and medical established his permanent
rehabilitation services. dwelling with the consent of
Skilled nursing care, which the landowner, including the
members get in their areas utilized for raising
homes/clinics for the vegetables, poultry, pigs and
treatment of an illness or other animals or for
injury that severely affects engaging in minor home
their activities or daily living. industries. [Moreno’s Law
Home care and medical Dict., 2000 Ed., p. 210].
rehabilitation services
include hospice or palliative Home solicitation sale.
care for people who are Consumer sales or leases
terminally ill but does not which are personally
include custodial and non- solicited by any person or
skilled personal care. [Sec. organization by telephone,
1, RA 9241]. person-to-person contact or
by written or printed
Home consumption value. communication other than
The price of the same, like or general advertising or
similar articles as bought consummated at the buyer's
and sold or offered for sale residence or a place of
freely in the usual wholesale business, at the seller's
quantities in the ordinary transient quarters, or away
course of trade, in the from a seller's regular place
515
of business. [Sec. 4, RA the patient himself thinking

7394]. that he is the appointed
messiah of justice. [Olarte,
Homestead. 1. The home, Legal Med., 1st Ed. (2004), p.
the house and the adjoining 151].
land where the head of the
family dwells; the home Homicide. Crim. Law. 1. The
farm; the fixed residence of felony committed by any
the head of a family, with person who, not falling
the land and buildings within the provisions of Art.
surrounding the main house. 246, shall kill another
[Peña, Phil. Law on Natural without the attendance of
Resources, 1997 Rev. Ed., p. any of the circumstances
32, citing Oliver v. Snowden, enumerated in Art. 248 of
18 Fla. 825, 43 Am. Rep. the Rev. Penal Code. [Art.
338]. 2. An artificial estate in 249, RPC]. 2. All occasions
land, devised to protect the where one human being, by
possession and enjoyment of act or omission, takes away
the owner against the claims the life of another.
of his creditors, by [Duhaime's Legal Dict.,
withdrawing the property 2004].
from execution and forced
sale, so long as the land is Homicide. Crim. Law.
occupied as a home. [Peña, Elements: (a) That a person
Phil. Law on Natural was killed; (b) that the
Resources, 1997 Rev. Ed., p. accused killed him without
32, citing Buckingham v. any justifying circumstance;
Buckingham, 8 Mich. 89 45 (c) that the accused had the
NW 504]. 3. It is intended to intention to kill, which is
give the homesteader every presumed; (d) that the killing
chance to preserve and keep was not attended by any of
for himself and his family the the qualifying circumstances
land that the State had of murder, or by that of
gratuitously granted him as parricide or infanticide.
reward for his labor in [People v. Rosales, GR
clearing and cultivating it. 86390. June 30, 1993].
[Pascua v. Talens, 80 Phil.
972]. Homosexuals. Legal Med.
Persons whose sexual desire
Homicidal impulse. Legal is toward the same sex.
Med. An irresistible impulse [Olarte, Legal Med., 1st Ed.
to kill prompted by an insane (2004), p. 113].
delusion either as a
necessity of self-defense or
avenging for justice, or as to
516
Honeste vivere. Lat. To live

honorably. [In re: Jurado, AM Hose reel. A cylindrical
93-2-037 SC. Apr. 6, 1995]. device turning on an axis
around which a fire hose is
Honorarium. Something wound and connected. [Sec.
given not as a matter of 3, PD 1185].
obligation but in
appreciation for services Hospital. 1. A facility devoted
rendered. [Santiago v. COA, primarily to the diagnosis,
GR 92284. July 12, 1991]. treatment and care of
individuals suffering from
Hood. A covering usually of illness, disease, injury or
cloth or leather for the head deformity, or in need of
and neck and sometimes the obstetrical or other medical
shoulders that is attached to and nursing care. It shall
a garment or worn also be construed as any
separately and is made with institution, building or place
a loose of close-fitting where there are facilities and
opening for the face. [People personnel for the continued
v. Almenario, GR 66420. Apr. and prolonged care of
17, 1989, citing Webster's 3rd patients. [Sec. 2, RA 8344].
New Intl. Dict., 1971 Ed.]. 2. Place devoted primarily to
Compare with Mask. the maintenance and
operation of facilities for the
Hooking. An arrastre service diagnosis, treatment and
which requires one person to care of individuals suffering
perform the routinary task of from illness, disease, injury
attaching the sling holding or deformity, or in need of
the prepared cargo to a hook obstetrical or other medical
attached to a cable that and nursing care. The term
would lift such cargo to the shall also be construed as
vessel. [Moreno’s Law Dict., any institution, building or
2000 Ed., p. 211]. place where there are
installed beds, or cribs, or
Horizontal exit. Passageway bassinets for twenty-four-
from one building to another hour use or longer by
or through or around a wall patients in the treatment of
in approximately the same diseases, diseased-
floor level. [Sec. 3, PD 1185]. conditions, injuries,
deformities, or abnormal
Hose box. A box or cabinet physical and mental states,
where fire hoses, valves and maternity cases, and all
other equipment are stored institutions such as those for
and arranged for fire convalescence, senatorial or
fighting. [Sec. 3, PD 1185]. sanitarial care, infirmities,
517
nurseries, dispensaries and military aircraft of a fleeing

such other names by which foreign ship from a coastal
they may designated. [Sec. state's internal waters,
2, RA 4226]. archipelagic waters,
territorial sea, contiguous
Hospital-based blood bank. zone, exclusive economic
A blood bank which is zone, or continental shelf
located within the premises onto the high seas for the
of a hospital and which can purpose of arresting it. The
perform compatibility testing pursuit must be discontinued
of blood. [Sec. 3, RA 7719]. if the fleeing ship enters its
own or another state's
Hostile witness. A witness territorial sea. [Intl. Law Dict.
whose testimony is not & Direct., 2004].
favorable to the party who
calls him or her as a witness. Hot pursuit doctrine. Intl.
A hostile witness may be Law. If an offense is
asked leading questions and committed by a foreign
may be cross-examined by merchant vessel within the
the party who calls him or territorial waters of the
her to the stand. [Glossary of coastal state, its own vessels
Legal Terms (Pro-Se), 2004]. may pursue the offending
vessel into the open sea and
Hotel. 1. A building where upon capture bring it back to
transient guests are received its territory for punishment.
and are supplied with and However, to be lawful, the
charged for meals, lodging pursuit must have begun
and other services. [Sec. 63, before the offending vessel
PD 856]. 2. Any house or has left the territorial waters,
building or portion thereof in or the contiguous zone of
which any person or persons the coastal state; the pursuit
may be regularly harbored must be continuous and
or received as transient or unabated; and it ceases as
guests. A hotel shall be soon as the ship being
considered as living quarters pursued enters the territorial
and shall have the privilege sea of its own, or a third
to accept any number of state. [Sandoval, Pol. Law
guests and to serve food to Reviewer 2003].
the guests therein. [Sec. 1,
PD 426]. Compare with Hours worked. Hours worked
Motel. shall include (a) all time
during which an employee is
Hot pursuit. Intl. Law. The required to be on duty or to
uninterrupted pursuit by a be at a prescribed
coastal state's warships or workplace, and (b) all time
518
during which an employee is shelter program and by

suffered or permitted to amending Presidential
work. [Art. 84, LC]. Decree No. 1752, as
amended” enacted on Feb.
Househelper. Synonymous 13, 1998.
to the Domestic servant.
Any person, whether male or Human development index
female, who renders (HDI). The measure of how
services in and about the well a country has
employer's home and which performed, based on social
services are usually indicators of people's ability
necessary or desirable for to lead a long and healthy
the maintenance and life, to acquire knowledge
enjoyment thereof, and and skills, and to have
ministers exclusively to the access to the resources
personal comfort and needed to afford a decent
enjoyment of the employer's standard of living. This index
family. [Apex Mining Co., Inc. looks at a minimum of three
v. NLRC, GR 94951. Apr. 22, outcomes of development:
1991]. the state of health
(measured by life
Household. A non-seasonal expectancy at birth), the
dwelling capable of receiving level of knowledge and skill
service safely, including (measured by a weighted
apartments and other average of adult literacy and
dwelling combinations. [Sec. enrollment rates), and the
3, PD 269]. level of real income per
capita, adjusted for poverty
House sewer. The pipe line considerations. [Sec. 3, RA
conveying sewage from the 8425].
house or building to the
septic tank or to any point of Human immunodeficiency
discharge. [Sec. 71, PD 856]. virus (HIV). The virus which
causes AIDS. [Sec. 3, RA
Housing Loan Condonation 8504].
Act of 1998. RA 8501
entitled “An Act to rescue Humanitarian doctrine. See
the national shelter program Doctrine of last clear
of the government by chance.
condoning the penalties on
all outstanding/delinquent Humanitarian intervention.
housing loan accounts with Intl. Law. Doctrine that
any of the government allows one or more states to
institutions and agencies use force to stop another
involved in the national state from mistreating its
519
own nationals when the

actions of the state are so Hurto continuado. Sp.
brutal and widespread as to Continuing theft. [Moreno’s
shock the conscience of the Law Dict., 2000 Ed., p. 212].
community of nations. [Intl.
Law Dict. & Direct., 2004]. Husbanding agent. The
general agent of the owner
Humanitarian rules. Rules in relation to the ship, with
that provide for the powers, among others, to
protection of noncombatants engage the vessel for
and disabled or captured general freight and the usual
combatants. [Intl. Law Dict. conditions, and settle for
& Direct., 2004]. freight and adjust averages
with the merchant [CIR v.
Human resources United States Line Co., GR L-
development. The process 16850. May 30, 1962, citing
by which the actual and Bouvier's Law Dict., p. 3064].
potential labor force is made
to systematically acquire Hydrochloride. A compound
greater knowledge, skills or of hydrochloric acid used
capabilities for the nation's with the names of organic
sustained economic and bases for convenience in
social growth. [Sec. 1, Rule naming salts, and to
1, Book 2, IRR of LC]. distinguish it from chloride
which is a compound of
Human rights. 1. The chlorine with another
universally accepted traits element or radical. [People
and attributes of an v. Angeles, GR 92850. June
individual, along with what is 15, 1992, citing Webster's 3rd
generally considered to be New Intl. Dict. (1986), 1108].
his inherent and inalienable
rights, encompassing almost Hydroelectric power. The
all aspects of life. [Simon, Jr. electric power produced by
v. CHR, GR 100150. Jan. 5, utilizing the kinetic energy of
1994]. 2. Basic rights falling or running water to
intended to protect all turn a turbine generator.
people from cruel and [Sec. 4, RA 7156].
inhumane treatment, threats
to their lives, and Hymen. Legal Med. A thin
persecution. [Intl. Law Dict. vascular fold of mucous
& Direct., 2004]. membrane which varies in
shape and thickness and
Hurto. Sp. Theft. [US v. presents a central opening
Montiel, GR L-2882. Jan. 2, which can be stretched
1907]. sufficiently to admit one
520
examining finger without condition resulting from the

tearing. [Olarte, Legal Med., situation. [Jurist’s Legal Dict.,
1st Ed. (2004), p. 124]. 2004].
Hypergolic fuel. A rocket or

liquid propellant which
consist of combinations of
fuels and oxidizers which
ignite spontaneously on
contact with each other.
[Sec. 3, PD 1185].
Hyperlink. Function of the

World Wide Web that allows
one Web page to be
accessed from another page.
When a person viewing a
page with hyperlinks on a
browser points to a hyperlink
with a mouse, the mouse
cursor changes from a
pointer to a hand. Clicking
on the hyperlink, loads the
linked page in the browser
for viewing. [Intl. Law Dict. &
Direct., 2004].
Hypochondriasis. Legal Med.

A psychiatric disorder in
which a person reports
physical symptoms and is
especially preoccupied with
the certainty that these
symptoms represent a
serious disease. [Olarte,
126].
Hypothetical question. An
imaginary situation,
incorporating facts
previously admitted into
evidence, upon which an
expert witness is permitted
to give an opinion as to a
521
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
-I- surname incorrectly written
which, when read, has a
IAC. Intermediate Appellate sound similar to that name
Court. or surname of a candidate
when correctly written shall
IATA. International Air be counted in his favor.
Transport Association. [Lontoc v. Pineda, GR L-
37106. June 30, 1975].

522
Identification. Evid. Showing that the parties in both

of proof that the document cases need not be physically
being presented is the same identical provided that there
one referred to by the is privity between the parties
witness in his testimony. or their successors in
[Claridades, A., Compilation interest by title subsequent
of Notes, 2001-2006]. to the commencement of the
previous cause of action,
Identification of litigating for the same thing,
documentary evidence. title, or capacity. [Santos v.
Evid. Identification done in Gabriel, 45 SCRA 288; 295
the course of the trial and (1972); 2 Martin, Rules of
accompanied by the marking Court, 1973 Ed., p. 4233].
of the evidence as an
exhibit. [Interpacific Transit Idle land. Also Abandoned
v. Aviles, GR 86062. June 6, land. Any agricultural land
1990]. Compare with not cultivated, tilled or
Formal offer of developed to produce any
documentary evidence as crop nor devoted to any
an exhibit. specific economic purpose
continuously for a period of
Identity of offenses. There three (3) years immediately
is identity between the two prior to the receipt of notice
offenses when the evidence of acquisition by the
to support a conviction for government as provided
one offense would be under RA 6657, but does not
sufficient to warrant a include land that has
conviction for the other, or become permanently or
when the second offense is regularly devoted to non-
exactly the same as the first, agricultural purposes. It does
or when the second offense not include land which has
is an attempt to commit or a become unproductive by
frustration of, or when it reason of force majeure or
necessarily includes or is any other fortuitous event,
necessarily included in, the provided that prior to such
offense charged in the first event, such land was
information. [Teehankee, Jr. previously used for
v. Madayag, GR 103102. agricultural or other
Mar. 6, 1992]. economic purpose. [Sec. 3,
RA 6657].
Identity of parties. This
requirement is satisfied if Idle lands. 1. Non-
the two actions are agricultural lands urban and
substantially between the urbanized areas on which no
same parties which means improvements, as herein
523
defined, have been made by Ignorance of the law. Want

the owner, as certified by of knowledge or
the city, municipal or acquaintance with the laws
provincial assessor. [Sec. 3, of the land insofar as they
RA 7279]. 2. Lands not apply to the act, relation,
devoted directly to any crop duty, or matter under
or to any definite economic consideration. [Black’s Law
purpose for at least one year Dict., Abr. 5th Ed. (1983),
prior to the notice of 379].
expropriation except for
reasons other than force Ignorant. Unaware or
majeure or any other uninformed. [Claridades, A.,
fortuitous event but used to Compilation of Notes, 2001-
be devoted or is suitable to 2006].
such crop or is contiguous to
land devoted directly to any Ignorantia facti excusat,
crop and does not include ignorantia juris non
land devoted permanently or excusat. Lat. Ignorance of
regularly to other essential fact excuses, ignorance of
and more productive the law does not excuse.
purpose. [Sec. 166, RA [Moreno’s Law Dict., 2000
3844]. Ed., p. 214].
Ignominy. Crim. Law. An Ignorantia juris quod

aggravating circumstance quisque scire tenetur non
under Art. 14 (17) of the excusat. Lat. Ignorance of
Rev. Penal Code pertaining the law excuses no one.
to the moral order which [Aurillo v. Francisco, 235
adds disgrace and obloquy SCRA 283, 289, Aug. 12,
to the material injury caused 1994].
by a crime. [US v. Abaigar, 2
Phil. 417 (1903)]. Ignorantia legis neminem
excusat. Lat. Ignorance of
Ignorance. The want or the law excuses no one from
absence of knowledge. compliance therewith. [Art.
[Black’s Law Dict., Abr. 5th 3, CC].
Ed. (1983), 379].
Ihram. The state of ritual
Ignorance of fact. Want of consecration of a person
knowledge of some fact or while on pilgrimage to
facts constituting or relating Mecca. [Art. 7, PD 1083].
to the subject matter at
hand. [Black’s Law Dict., Abr. Illegal assemblies. Crim.
5th Ed. (1983), 379-380]. Law. The felony committed
by the organizers or leaders
524
of any meeting attended by by: 1. any person who

armed persons for the directly or indirectly
purpose of committing any participates in cockfights, by
of the crimes punishable betting money or other
under the REV. PENAL CODE, valuable things, or who
or of any meeting in which organizes cockfights at
the audience is incited to the which bets are made, on a
commission of the crime of day other than those
treason, rebellion or permitted by law; or 2. any
insurrection, sedition or person who directly or
assault upon a person in indirectly participates in
authority or his agents. [Art. cockfights, at a place other
146, RPC, as reinstated by than a licensed cockpit. [Art.
EO 187]. 199, RPC].
Illegal associations. Crim. Illegal detainer. It consists

Law. The felony committed in withholding by a person
by the founders, directors, from another of the
and presidents of possession of a land or
associations totally or building to which the latter is
partially organized for the entitled after the expiration
purpose of committing any or termination of the
of the crimes punishable former's right to hold
under the Rev. Penal Code or possession by virtue of a
for some purpose contrary to contract, express or implied.
public morals. [Art. 147, [De Leon v. CA, GR 96107.
RPC, as reinstated by EO June 19, 1995]. Also known
187]. as Unlawful detainer.
Illegal betting on horse Illegal detention. The

race. Crim. Law. The felony deprivation by a private
committed by any person person of the liberty of
who, except during the another without any legal
period allowed by law, shall ground. [Gregorio, Fund. of
be on horse races, or by any Crim. Law Rev., 1997 9th Ed.,
person who, under the same p. 323]. Compare with
circumstances, shall Arbitrary detention.
maintain or employ a
totalizer or other device or Illegal detention. Elements,
scheme for betting on horse as defined in Art. 267 of the
races or realizing any profit Rev. Penal Code: (a) That
therefrom. [Art. 198, RPC]. the offender is a private
individual; (b) that he
Illegal cockfighting. Crim. kidnaps or detains another,
Law. The felony committed or in any other manner
525
deprives the latter of his Illegal possession and use

liberty; (c) that the act of of false treasury or bank
detention or kidnapping notes and other
must be illegal; and (d) in instruments of credit.
the commission of the Crim. Law. The felony
offense, any of the following committed by any person
circumstances is present: (1) who shall knowingly use or
that the kidnapping or have in his possession, with
detention last for more than intent to use any of the false
5 days; or (2) that it is or falsified instruments
committed simulating public referred to in this Sec. 2,
authority; or (3) that any Chap. 1, Title 4 of the Rev.
serious physical injuries are Penal Code, shall suffer the
inflicted upon the person penalty next lower in degree
kidnapped or detained or than that prescribed in said
threats to kill him are made; articles. [Art. 168, RPC].
or (4) that the person
kidnapped or detained is a Illegal possession and use
minor, female, or a public of false treasury or bank
officer. [People v. Mercado, notes and other
GR L-65152. Aug. 30, 1984, instruments of credit.
citing Reyes, Rev. Penal Crim. Law. Elements: (a)
Code (1975) Rev. Ed., Book Possession with guilty
II, p. 468]. knowledge that the checks
were falsified (animus
Illegal fishing. The act of possidendi); and (b)
catching, taking or fraudulent intent to use or
gathering, or causing to be utter the same. [Reyes v.
caught, taken or gathered CA, GR 36391-92. Mar. 9,
fish or fishery/aquatic 1989, citing Art. 168, RPC].
products in Philippine waters
with the use of explosives, Illegal possession of
obnoxious or poisonous firearms. Crim. Law.
substance, or by the use of Elements: (a) the existence
electricity. [Sec. 33, PD 704, of the subject firearm and
as amended by PD 1058]. (b) the fact that the accused
who owned or possessed it
Illegal numbers game. Any does not have the
form illegal gambling activity corresponding license or
which uses numbers or permit to possess the same.
combinations thereof as [People v. Solayao, GR
factors in giving out 119220, Sep. 20, 1996].
jackpots. [Sec. 2, RA 9287].
Illegal possession of opium
pipe or other
526
paraphernalia for the use of the activities enumerated

of any prohibited drug. in Art. 34 of the Labor Code,
Crim. Law. The felony as amended); and (b) said
committed by any person person does not have a
who, not being authorized by license or authority to do so.
law, shall possess any opium [People v. Cabacang, GR
pipe or other paraphernalia 113917. July 17, 1995].
for smoking, injecting,
administering or using opium Illegal recruitment by a
or any prohibited drug. [Art. syndicate. Recruitment
193, RPC]. unlawfully carried out by a
group of three (3) or more
Illegal possession of persons conspiring and/or
prohibited drugs. Crim. confederating with one
Law. Elements: (a) The another in carrying out any
occupancy or taking of unlawful or illegal
prohibited drugs; and (b) the transaction, enterprise or
intent to possess the same. scheme defined under the
[Moreno’s Law Dict., 2000 Labor Code. [People v.
Ed., p. 215]. Taguba, GR 95207-17. Jan.
10, 1994, citing PD 2018].
Illegal possession of
prohibited drugs. Crim. Illegal recruitment in large
Law. Requisites: (a) The scale. Recruitment
accused was found in unlawfully committed
possession of a prohibited against three (3) or more
drug; and (b) he was not persons individually or as a
authorized by law to possess group. [People v. Taguba, GR
the same. [Moreno’s Law 95207-17. Jan. 10, 1994,
Dict., 2000 Ed., p. 215]. citing PD 2018].
Illegal recruitment. Any Illegal recruitment in large

recruitment activities, scale. Elements: (a) That
including the prohibited the offender engages in the
practices enumerated under recruitment and placement
Art. 34 of the Labor Code, to of workers as defined in Art.
be undertaken by non- 13(b) of the Labor Code or in
licensees or non-holders of any prohibited activities
authority. [Art. 38, LC]. under Art. 34 of the same
Code; (b) that the offender
Illegal recruitment. does not have a license or
Elements: (a) The person authority to recruit and
charged with the crime must deploy workers, either
have undertaken locally or overseas; and (c)
recruitment activities (or any that the offender commits
527
the same against three (3) Government; non-issuance

or more persons, individually of receipts by licensed
or as a group. [People v. traders; misrepresentation
Bautista, GR 113547, Feb. 9, as to quality and/or quantity;
1995, 241 SCRA 216; People and sale by oil companies,
v. Coronacion, GR 97845, distributors and/or dealers
Sep. 29, 1994, 237 SCRA violative of government
227]. rules and regulations. [Sec.
3, BP 33].
Illegal sale of dangerous
drugs. Elements: (a) Illegal trafficking. The
Identity of the buyer and the illegal cultivation, culture,
seller, the object, and delivery, administration,
consideration; and (b) the dispensation, manufacture,
delivery of the thing sold and sale, trading, transportation,
the payment therefor. distribution, importation,
[People v. Zervoulakos, GR exportation and possession
103975. Feb. 23, 1995]. of any dangerous drug
and/or controlled precursor
Illegal sale of drug. A crime and essential chemical. [Sec
committed as soon as the 3, RA 9165].
sale transaction is
consummated, whether Illegal use of public funds
payment precedes or follows or property. Crim. Law. The
delivery of the drug sold. felony committed by any
[People v. Ponsica, GR public officer who shall apply
108176. Feb. 14, 1994]. any public fund or property
under his administration to
Illegal sale of marijuana. any public use other than for
Elements: (a) the identity of which such fund or property
the buyer and the seller, the were appropriated by law or
object, and consideration; ordinance. [Art. 220, RPC].
and (b) the delivery of the
thing sold and the payment Illegal use of uniforms or
therefor. [People v. insignia. Crim. Law. The
Esguerra, 221 SCRA 261 felony committed by any
(1993); People v. Rumeral, person who shall publicly
200 SCRA 194 (1991)]. and improperly make use of
insignia, uniforms or dress
Illegal trading in petroleum pertaining to an office not
and/or petroleum held by such person or to a
products. The sale or class of persons of which he
distribution of petroleum is not a member. [Art. 179,
products for profit without RPC].
license or authority from the
528
Illegitimate children. 1. influence, resulting in unjust

Children conceived and born enrichment of the ostensible
outside a valid marriage, owner and grave damage
unless otherwise provided in and prejudice to the State.
the Family Code. [Art. 165, [Bataan Shipyard Eng’g. Co.
FC]. 2. Children born of void Inc. v. PCGG, GR 75885. May
marriages under Arts. 35, 37 27, 1987].
and 38 of the Family Code.
[Jurado, Civil Law Reviewer, Ill-gotten wealth. Any asset,
19th Ed. (1999), p. 197]. property, business
Compare with Legitimate enterprise or material
children. possession of any person
acquired by him directly or
Ill-gotten. Acquired through indirectly through dummies,
or as a result of improper or nominees, agents,
illegal use of or the subordinates and/or
conversion of funds business associates by any
belonging to the combination or series of the
Government or any of its following means or similar
branches, instrumentalities, schemes: (a) through
enterprises, banks or misappropriation,
financial institutions, or by conversion, misuse, or
taking undue advantage of malversation of public funds
official position, authority, or raids on the public
relationship, connection or treasury; (b) by receiving,
influence, resulting in unjust directly or indirectly, any
enrichment of the ostensible commission, gift, share,
owner and grave damage percentage, kickbacks or
and prejudice to the State. any other form of pecuniary
[Bataan Shipyard Eng’g. Co. benefit from any person
Inc. v. PCGG, GR 75885. May and/or entity in connection
27, 1987]. with any government
contract or project or by
Ill-gotten property. Property reason of the office or
acquired through or as a position of the public officer
result of improper or illegal concerned; (c) by the illegal
use of or the conversion of or fraudulent conveyance or
funds belonging to the disposition of assets
Government or any of its belonging to the National
branches, instrumentalities, Government or any of its
enterprises, banks or subdivisions, agencies or
financial institutions, or by instrumentalities or
taking undue advantage of government-owned or
official position, authority, -controlled corporations and
relationship, connection or their subsidiaries; (d) by
529
obtaining, receiving or second lowest order of

accepting directly or intellectual potential (mental
indirectly any shares of age between 3 and 7 years),
stock, equity or any other usually requiring custodial
form of interest or and complete protective
participation including care. [People v. Race, GR
promise of future 93143. Aug. 4, 1992, citing
employment in any business Miller & Keane, Encyc. &
enterprise or undertaking; Dict. of Medicine & Nursing,
(e) by establishing 1972, p. 470].
agricultural, industrial or
commercial monopolies or Imbecility. A form of mental
other combinations and/or disease consisting in mental
implementation of decrees deficiency either congenital
and orders intended to or resulting from an obstacle
benefit particular persons or to the development of the
special interests; or (f) by faculties supervening in
taking undue advantage of infancy. [People v. Race, GR
official position, authority, 93143. Aug. 4, 1992].
relationship, connection or
influence to unjustly enrich Immaterial. Not material,
himself or themselves at the essential, or necessary; not
expense and to the damage important or pertinent; not
and prejudice of the Filipino decisive; of no substantial
people and the Republic of consequence; without
the Philippines. [Sec. 1, RA weight; of no material
7080]. significance. [Black’s Law
Dict., Abr. 5th Ed. (1983),
Illiteracy. Lack of instruction 381].
and low intelligence.
[Suarez, Intro. to Law, 1995 Immaterial evidence.
3rd Ed., p. 193]. Evidence which lacks
probative weight and is
Illusion. Legal Med. A false unlikely to influence the
interpretation of an external tribunal in resolving the
stimulus. [Olarte, Legal issue before it. Such
Med., 1st Ed. (2004), p. 146]. evidence is commonly
Compare with objected to by opposing
Hallucination. counsel, and disallowed by
the court. [Black’s Law Dict.,
Imam. See Mohammedan Abr. 5th Ed. (1983), 381].
Imam.
Immaterial fact. An offered
Imbecile. A mentally evidential fact which is
defective person of the excluded by some rules of
530
evidence, no matter what repossessing the leased

the rule. [Francisco, promises, the spouse, direct
Evidence, Vol. VII, Part 1, descendants or ascendants,
1997 Ed., p. 7]. by consanguinity or affinity,
of the lessee or lessor.
Immediate accountability. [Sec.4, RA 9161].
The accountability of a
person in possession of or Immediate provocation.
having custody of supplies or Absence of interval of time
property. [IRR on Supply & between the provocation
Prop. Mgt., per Sec. 383, and the commission of the
LGC]. crime. [Moreno’s Law Dict.,
2000 Ed., p. 217].
Immediate cause. The cause
of consideration nearest to Immediate supervisor. One
the time and place of injury. who occupies the first level
[Moreno’s Law Dict., 2000 of supervision over a
Ed., p. 217]. subordinate and who
assigns, directs, supervises
Immediate container. The and reviews the work of the
container or package which latter. [Sec. 3, PD 985].
is immediately after or near
the substance but does not Immediate vindication of a
include package liners. [Art. grave offense. An act
4, RA 7394]. committed in the immediate
vindication of a grave
Immediate farm offense to the one
household. The members committing the felony
of the family of the lessee or (delito), his spouse,
lessor and other persons ascendants, descendants,
who are dependent upon legitimate, natural, or
him for support and who adopted brothers or sisters,
usually help him in his or relatives by affinity within
activities. [Sec. 166, RA the same degree. [People v.
3844]. Capalac, GR L-38297. Oct.
23, 1982, citing Art. RPC].
Immediately. Without
interval of time; without Immemorial. Beyond the
delay. [Juan v. Musñgi, GR L- reach of memory, beyond
76053. Oct. 27, 1987, citing human memory, or time out
Webster's 3rd New Intl. Dict.]. of mind. [Dir. of Lands v.
Buyco, GR 91189. Nov. 27,
Immediate members of 1992].
family of the lessee or
lessor. For purposes of
531
Immemorial possession. It
means possession of which Imminently hazardous
no man living has seen the product. A consumer
beginning, and the existence product which presents an
of which he has learned from unreasonable risk of death,
his elders. [Susi v. Razon, 48 serious illness or severe
Phil. 424 (1925), citing Art. personal injury. [Art. 4, RA
766 of the Civil Code of 7394].
Louisiana].
Imminent unlawful
Immigrant. 1. Any alien aggression. Crim. Law. An
departing from any place attack that is impending or
outside the Philippines at the point of happening. It
destined for the Philippines, must not consist in mere
other than a nonimmigrant. threatening attitude nor
[Sec. 50 (j), CA 613]. 2. An must it be merely imaginary.
alien who comes to this The intimidating attitude
country either to reside must be offensive and
permanently or for a limited positively strong, for
duration. [Chang Yung Fa v. example, aiming a revolver
Gianzon, GR L-7785. Nov. at another with intent to
25, 1955]. shoot him, or opening a knife
and making a motion as if to
Immigrants. 1. A person who attack. [Moreno’s Law Dict.,
moves into a country for the 2000 Ed., p. 218].
purpose of permanent
residence. [Cascante v. Immoral conduct. That
Comelec, GR 88831. Nov. 8, conduct which is so willful,
1990]. 2. Persons who come flagrant, or shameless as to
into a foreign country or show indifference to the
region to live. [Glossary of opinion of good and
Legal Terms (Pro-Se), 2004]. respectable members of the
community. [Phil. Law Dict.,
Immigration. 1. The 3rd Ed., p. 447, citing Arciga
removing into one place v. Maniwang, 106 SCRA 594,
from another; the act of Aug. 14, 1981].
immigrating, the entering
into a country with the Immoral doctrines. Crim.
intention of residing in it. Law. The felony committed
[Cascante v. Comelec, GR by those who shall publicly
88831. Nov. 8, 1990]. 2. The expound or proclaim
entry of foreign persons into doctrines openly contrary to
a country to live public morals. [Art. 201,
permanently. [Glossary of RPC].
532
Immorality. Conduct owner of the immovable in

inconsistent with rectitude, such a manner that it
or indicative of corruption, reveals the intention to
indecency, depravity, and attach them permanently to
dissoluteness; or is willful, the tenements; (e)
flagrant, or shameless machinery, receptacles,
conduct showing moral instruments or implements
indifference to opinions of intended by the owner of the
respectable members of the tenement for an industry or
community, and as an works which may be carried
inconsiderate attitude on in a building or on a piece
toward good order and of land, and which tend
public welfare. [Alfonso v. directly to meet the needs of
Juanson, AM RTJ-92-904. the said industry or works;
Dec. 7, 1993, citing Black's (f) animal houses, pigeon-
Law Dict., 6th Ed., 1990, houses, beehives, fish ponds
751]. or breeding places of similar
nature, in case their owner
Immovable. Property. Object has placed them or
which can be moved from preserves them with the
place to place without injury. intention to have them
[Tolentino, Civil Code of the permanently attached to the
Phil., Vol. II, Repr. 2001, p. land, and forming a
12]. permanent part of it; the
animals in these places are
Immovable property. The included; (g) fertilizer
following are immovable actually used on a piece of
property: (a) Land, buildings, land; (h) mines, quarries,
roads and constructions of and slag dumps, while the
all kinds adhered to the soil; matter thereof forms part of
(b) trees, plants, and the bed, and waters either
growing fruits, while they are running or stagnant; (i)
attached to the land or form docks and structures which,
an integral part of an though floating, are intended
immovable; (c) everything by their nature and object to
attached to an immovable in remain at a fixed place on a
a fixed manner, in such a river, lake, or coast; (j)
way that it cannot be contracts for public works,
separated therefrom without and servitudes and other
breaking the material or real rights over immovable
deterioration of the object; property. [Art. 415, CC].
(d) statues, reliefs, paintings
or other objects for use or Immovables by analogy or
ornamentation, placed in law. Property. Those
buildings or on lands by the mentioned in par. 10, of Art.
533
415 of the Civil Code, viz: dumps, mentioned in par. 8

contracts for public works, of Art. 415 of the Civil Code.
and servitudes and other [Tolentino, Civil Code of the
real rights over immovable Phil., Vol. II, Repr. 2001, p.
property. [Tolentino, Civil 13].
Repr. 2001, p. 13]. Immunity. 1. An exemption
that a person (individual or
Immovables by corporate) enjoys from the
destination. Property. normal operation of the law
Those which are essentially such as a legal duty or
movables, but by the liability, either criminal or
purpose for which they have civil. [Duhaime's Legal Dict.,
been placed in an 2004]. 2. Grant by the court,
immovable, partake of the which assures someone will
nature of the latter because not face prosecution in
of the added utility derived return for providing criminal
therefrom, such as those evidence. [Glossary of Legal
mentioned in pars. 4, 5, 6, 7, Terms (Pro-Se), 2004].
and 9 of Art. 415 of the Civil
Code. [Tolentino, Civil Code Immunity of state from
of the Phil., Vol. II, Repr. suit. One of the universally
2001, p. 13]. recognized principles in
international law which is
Immovables by commonly understood as an
incorporation. Property. exemption of the state and
Those which are essentially its organs from the judicial
movables, but are attached jurisdiction of another state.
to an immovable in such [Jusmag v. NLRC, GR
manner as to be an integral 108813. Dec. 15, 1994,
part thereof, such as the citing Henkin, Pugh,
things (except lands, Schachter, Smit, Intl. Law,
buildings, and roads) Cases and Materials, 2nd Ed.,
mentioned in pars. 1, 2, 3, 4 p. 898].
and 6 of Art. 415 of the Civil
Code. [Tolentino, Civil Code Immutability of a final and
of the Phil., Vol. II, Repr. executory judgment rule.
2001, p. 13]. 1. A rule that after judgment
has become final, no
Immovables by nature. additions can be made
Property. Those which thereto, and nothing can be
cannot be moved from place done therewith except its
to place, such as land, execution; otherwise, there
mentioned in par. 1, and would be no end to
mines, quarries, and slag litigations, thus setting at
534
naught the main role of Impairment. Any loss,

courts of justice, which is to diminution or aberration of
assist in the enforcement of psychological, physiological,
the rule of law and the or anatomical structure or
maintenance of peace and function. [Sec. 4, RA 7277].
order by settling justiciable
controversies with finality. Impairment of obligation of
[Javier v. CA, GR 100777. contract. 1. This occurs
July 21, 1993]. 2. The when the terms or conditions
absolute rule that after a of a contract are changed by
judgment becomes final, by law or by a party without the
the expiration of the period consent of the other, thereby
provided by the rules within weakening the position or
which it so becomes, no rights of the latter. [De Leon,
further amendment or Fundamentals of Taxation,
correction can be made by 2000 Ed., p. 35, citing
the court except for clerical Edwards v. Kearney, 96 US
errors or mistakes. 607]. 2. In general, any
[Marasigan v. Ronquillo, GR enactment of a legislative
L-5810, Jan. 18, 1954, 94 character which attempts to
Phil 237]. take from a party a right to
which he is entitled by its
Immutability of status terms, or which deprives him
doctrine. The theory that of the means of enforcing
the status of a child, i.e., his such a right. But it may be
legitimacy, etc. is not said in general that a law
affected by any subsequent which does not strike at the
change in the nationality of vitality of a contract either
the parents. However, the by altering its terms or
national law of the parents preventing its preservation
will be changed should they and enforcement does not
effect a change of impair its obligation. [Govt.
nationality: the rights and of the Phil. V. Visayan
obligations of parents and Surety, GR 46193. Oct. 10,
child will now be determined 1938, citing 12 CJ, 1056].
by the new national law.
[Paras, Phil. Conflict of Laws, Impasse. Within the meaning
8th Ed. (1996), p. 306]. of the labor laws, the word
presupposes reasonable
Impact of taxation. That effort at good faith
point on which a tax is bargaining which, despite
originally imposed. [De Leon, noble intentions, does not
Fundamentals of Taxation, conclude in agreement
2000 Ed., p. 53]. between the parties. [Divine
Word Univ. of Tacloban v.
535
Sec. of Labor and as of apparel or furniture,

Employment, GR 91915. serving to equip." [Belen v.
Sep. 11, 1992, citing NLRB v. De Leon, GR L-16412. Nov.
Bancroft, 635 F.2d 492 30, 1962, citing Webster,
(1981)]. Intl. Dict.].
Impeach. To discredit the Implication doctrine. See

witness’s testimony. Doctrine of implication.
[Herrera, Remedial Law, Vol.
VI, 1999 Ed., p. 208]. Implied acceptance. Sales.
Acceptance of the goods is
Impeachment. A criminal impliedly made by the buyer
proceeding against a public when he intimates to the
official. [Glossary of Legal seller that he has accepted
Terms (Pro-Se), 2004]. them, or when the goods
have been delivered to him,
Impeachment of a witness. and he does any act in
An attack on the credibility relation to them which is
(believability) of a witness, inconsistent with the
through evidence introduced ownership of the seller, or
for that purpose. [Glossary when, after the lapse of a
of Legal Terms (Pro-Se), reasonable time, he retains
2004]. the goods without intimating
to the seller that he has
Imperfect disinheritance. rejected them. [Art. 1585,
See Ineffective CC].
disinheritance.
Implied acceptance of
Imperium. Lat. 1. The services. The acceptance
government authority by a person of services
possessed by the State. without first repudiating the
[Separate Opinion, Kapunan, express terms and
J., in Cruz v. Sec. of DENR, conditions upon which those
GR 135385, Dec. 6, 2000]. 2. services are rendered which
The authority possessed by is held to be an acceptance
the state embraced in the of such services under an
concept of sovereignty. implied contract to pay
[Suarez, Pol. Law Reviewer, therefor the amount
1st Ed., 2002, p. 29]. stipulated by the other party
Compare with Dominium. at the time when they were
rendered. [Sellner v.
Implement. From the Latin Conzales, GR 8415. Dec. 18,
word "implementum.” To fill 1914].
up or to complete. Its
meaning includes an "article,
536
Implied agency. Agency parties but one inferred by

implied from the acts of the law; as the use of electric
principal, from his silence or power in one’s home implies
lack of action, or his failure a contract with the light
to repudiate the agency, company. [Glossary of Legal
knowing that another person Terms (Pro-Se), 2004].
is acting on his behalf
without authority. [Art. 1869, Implied municipal liability.
CC]. This doctrine which applies
to all cases where money or
Implied consent. Pol. Law. other property of a party is
The consent of the state to received under such
be sued implied from the circumstances that the
very act of entering into a general law, independent of
contract, because by express contract implies an
entering into such contract obligation upon the
the sovereign state has municipality to do justice
descended to the level of the with respect to the same.
citizen. [Santos v. Santos, [38 Am. Jur. Sec. 515, p.
GR L-4699. Nov. 26, 1952]. 193].
Compare with Express
consent. Implied novation. A
novation arising from
Implied conspiracy. A incompatibility of the old and
conspiracy which may be new obligations, (which)
inferred though no actual change must refer to the
meeting among them to object, the cause, or the
concert means is proved, if it principal conditions of the
is proved that two or more obligation. [Young v. CA, GR
persons aimed by their acts 83271. May 8, 1991].
towards the accomplishment
of the same unlawful object, Implied pardon. There is
each doing a part so that implied pardon when the
their acts, though apparently offended party continued to
independent were in fact live with his spouse even
connected and cooperative, after the commission of the
indicating closeness of offense. However such
personal association and consent or pardon cannot be
concurrence of sentiment. implied when the offended
[Orodio v. CA, Sep. 13, 1988, party allows his wife to
GR 57519]. continue living in the
conjugal home after her
Implied contract. A contract arrest only in order to take
not created or evidenced by care of their children. [Ligtas
the explicit agreement of the v. CA, GR L-47498. May 7,
537
1987, citing People v. Boca

(CA) O.G. 2248]. Compare Implied trust. Also
with Express pardon. Resulting trust. Requisites:
(a) That two or more persons
Implied permission. Ins. In agree to purchase a property
contemplation of a car and (b) that they consent
insurance policy, any act that one should take the title
done consistent with the risk in his name for everyone's
insured against and which, benefit. [Nito v. CA, GR
although done without the 102657. Aug. 9, 1993].
prior express consent or
permission of the owner, Implied trusts. 1. Trusts that
would have been permitted come into being by
had the car owner known operation of law. [Art. 1441,
about it. [Moreno’s Law CC]. 2. Those trusts which,
Dict., 2000 Ed., p. 219]. without being express, are
deducible from the nature of
Implied powers doctrine. the transaction as matters of
Doctrine that holds that, in intent, or which are
determining the rights and superinduced on the
duties possessed by an transaction by operation of
organization, a court must law as matters of equity,
look to the purposes and independently of the
functions specified in its particular intention of the
charter and developed in parties. [O'laco v. Co Cho
practice. [Intl. Law Dict. & Chit, GR 58010. Mar. 31,
Direct., 2004]. 1993]. Compare with
Express trusts.
Implied ratification. See
Tacit ratification. Implied warranties. Mar.
Ins. The following warranties
Implied repeal. Stat. Con. are implied in marine
Where there is irreconcilable insurance: (a) That the ship
repugnance between two is seaworthy to make the
legal provisions, there is an voyage and/or to take in
implied repeal of the first certain cargoes; (b) that the
statute because the ship shall not deviate from
inconsistency between the the voyage insured; (c) that
two laws is so clear and the ship shall carry the
definite that one cannot necessary documents to
stand together with the show nationality or neutrality
other. [Garcia v. Mata, GR L- and that it will not carry
33713. July 30, 1975]. documents which will cast
Compared with Express reasonable suspicion
repeal. thereon; (d) that the ship
538
shall not carry contraband,

especially if it is making a Implied warranty of title. A
voyage through belligerent covenant for quiet
waters. [Suggested Answer enjoyment. [Moreno’s Law
for the 2000 Bar, UPLC, Dict., 2000 Ed., p. 220].
(2002), p. 8].
Import. 1. To bring into the
Implied warranty as to Philippines by sea, land or
quality or fitness. Sales. air. [Sec. 6, EO 175, May 22,
The warranty implying that 1987]. 2. To bring in with
the goods shall be intent to land. [Lichauco &
reasonably fit for such Company v. Apostol, GR
purpose in case the buyer, 19628. Dec. 4, 1922, citing
expressly or by implication, Words and Phrases, Vol. IV,
makes known to the seller p. 3438].
the particular purpose for
which the goods are Important cultural
acquired, and it appears that properties. Cultural
the buyer relies on the properties which have been
seller's skill or judgment singled out from among the
(whether he be the grower innumerable cultural
or manufacturer or not). [Art. properties as having
1562, CC]. exceptional historical and
cultural significance to the
Implied warranty of Philippines but are not
merchantability. Sales. sufficiently outstanding to
The warranty implying that merit the classification of
the goods shall be of national cultural treasures.
merchantable quality in case [Joya v. PCGG, GR 96541.
the goods are brought by Aug. 24, 1993, citing Sec.
description from a seller who 2(b), RA 4846, as amended].
deals in goods of that
description (whether he be Importation. 1. The direct
the grower or manufacturer purchase, lease or charter of
or not). [Art. 1562, CC]. newly constructed or
previously owned ships, or
Implied warranty of the purchase of ship's spare
seaworthiness. Mar. Ins. A parts from foreign sources or
warranty in every marine from registered enterprises
insurance upon a ship or operating in special
freight, or freightage, or economic zones as this
upon any thing which is the terms is defined in RA 7916
subject of marine insurance, entitled, The Special
implying that the ship is Economic Zone Act of 1995.
seaworthy. [Sec. 113, IC]. [Sec. 3, RA 9295]. 2.
539
Bringing into some port, advertisements. Crim.

harbor, or haven, with an Law. The felony committed
intent to land the goods by any person who shall
there. It takes place when import into the Philippine
the vessel arrives at a port Islands from any foreign
of entry, intending there to place or port any lottery
discharge her cargo. ticket or advertisement or, in
[Lichauco & Company v. connivance with the
Apostol, GR 19628. Dec. 4, importer, shall sell or
1922, citing Words and distribute the same, or any
Phrases, Vol. IV, p. 3438]. person who shall knowingly
and with intent to use them,
Importation and have in his possession
disposition of falsely lottery tickets or
marked articles or advertisements, or shall sell
merchandise made of or distribute the same
gold, silver, or other without connivance with the
precious metals or their importer of the same. [Art.
alloys. Crim. Law. The 196, RPC].
felony committed by any
person who shall knowingly Import permit. A permit
import or sell or dispose of authorizing an individual to
any article or merchandise bring in wildlife from another
made of gold, silver, or other country. [Sec. 5, RA 9147].
precious metals, or their
alloys, with stamps, brands, Import quota. The total
or marks which fail to value of any item of import
indicate the actual fineness allowed for entry into the
or quality of said metals or Philippines for any specified
alloys. [Art. 187, RPC]. period. [Sec. 1, RA 426].
Importation and sale of Impossibility of

prohibited drugs. Crim. performance. Legal or
Law. The felony committed physical impossibility of
by any person who shall performing an obligation to
import or bring into the do without the debtor’s fault
Philippines any prohibited (and which) extinguishes the
drug, or by any person who obligation. [Ancheta, The
shall unlawfully sell or Law on Obligations and
deliver to another prohibited Contracts, Rev. Ed., p. 98].
drug. [Art. 192, RPC].
Impossibilium nulla
Importation, sale and obligatio est. Lat. There is
possession of lottery no obligation to do
tickets or impossible things. [Lim Co
540
Chui v. Posadas, 47 Phil., pp. to any but the indirect taxes.

462, 463]. [Garcia v. Exec. Sec., GR
101273. July 3, 1992, citing
Impossible condition. 1. A Cooley, on Taxation, p. 3].
condition which is not
capable of fulfillment, legally Impotence. 1. The physical
or physically. [Diaz, Bus. Law incapability of a contracting
Rev., 1991 Ed., p. 10-11]. 2. party of consummating a
A condition that is not marriage. [Nolledo, The Fam.
possible of realization Code of the Phil. Annotated.
because it is contrary to 2000 Rev. Ed., p. 79]. 2. The
either physical, juridical or inability of the male organ to
moral laws. [Jurado, copulation, to perform its
Comments & Jurisp. on proper function.
Succession, 1991 8th Ed., p. [Macadangdang v. CA, GR L-
211]. 49542. Sep. 12, 1980, citing
Bouvier's Law Dict., p. 514].
Impossible crime. 1. An act See Erectile Dysfunction.
which would be an offense
against persons or property, Impotency. The physical
were it not for the inherent inability to have sexual
impossibility of its intercourse. [Menciano v.
accomplishment or on San Jose (89 Phil. 63)]. It is
account of the employment not synonymous with
of inadequate or ineffectual sterility. Sterility refers to
means. [Art. 4, RPC]. 2. An the inability to procreate,
offense by which the person whereas, impotence refers
intending to commit it has to the physical inability to
already performed the acts perform the act of sexual
for the execution of the intercourse. [Macadangdang
same but nevertheless the v. CA, GR L-49542. Sep. 12,
crime was not produced by 1980].
reason of the fact that the
act intended was by its Impotentia coeundi. Lat.
nature one of impossible Inability to do the sexual act.
accomplishment or because [People v. Olmedillo, GR L-
the means employed by 42660. Aug. 30, 1982].
such person are essentially
inadequate to produce the Impotentia erigendi. Lat.
result desired by him. [Art. Inability to have an erection.
59, RPC]. [People v. Olmedillo, GR L-
42660. Aug. 30, 1982].
Impost. The term also
signifies any tax, tribute or Impotentia excusat legem.
duty, but it is seldom applied Lat. Impossibility dispenses
541
with law. [Moreno’s Law income adjusted by: (a)

Dict., 2000 Ed., p. 221]. income exempt from tax; (b)
income excluded from gross
Impoundment. The refusal income; (c) income subject
by the President, for to final tax; and (d) the
whatever reason, to spend amount of net operating loss
funds made available by carry-over deducted; and
Congress. It is the failure to reduced by the sum of: (a)
spend or obligate budget dividends actually or
authority of any type [Phil. constructively paid; and (b)
Const. Assoc. v. Enriquez, GR income tax paid for the
113105. Aug. 19, 1994, taxable year. [Sec. 27, NIRC,
citing Impoundment of as amended].
Funds, 86 Harvard Law
Review 1505 (1973)]. Improvement. A valuable
addition made to property or
Imprisonment for life. It is an amelioration in its
not the same as "life condition amounting to more
imprisonment." For one than mere repairs intended
thing, the proper penalty is to enhance its value, beauty
"life imprisonment." And or utility or to adopt it for
secondly, the impression new or further purposes.
created when the phrase [IRR on Supply & Prop. Mgt.,
"imprisonment for life" is per Sec. 383, LGC].
used is that the convict will
stay in prison for the rest of Improvements. 1. All types
his natural life. The proper of buildings and residential
penalty is "life units, walls, fences,
imprisonment. [People v. structures or constructions
Lucero, GR 84656. Jan. 4, of all kinds of a fixed
1994]. character or which are
adhered to the soil but shall
Improbable evidence. not include trees, plants and
Evidence which imputes to growing fruits, and other
the parties to a transaction fixtures that are mere
occurring in the ordinary superimpositions on the
course of business, conduct land, and the value of
inconsistent with the improvements shall not be
principles by which men, less than fifty percent (50%)
similarly situated, are of the assessed value of the
usually governed. [Moreno’s property. [Sec. 3, RA 7279].
Law Dict., 2000 Ed., p. 221]. 2. A valuable addition made
to property or an
Improperly accumulated amelioration in its condition,
taxable income. Taxable amounting to more than
542
more repairs or replacement Med., 1st Ed. (2004), pp. 150-

of waste, costing labor or 151].
capital, and intended to
enhance its value, beauty or Impulse of an
utility or to adapt it for new uncontrollable fear of an
or further purposes. [Sec. 3, equal or greater injury.
PD 464]. The duress, force, fear or
intimidation that must be
Imprudence and present, imminent and
negligence. Crim. Law. The impending and of such a
felony committed by any nature as to induce a well-
person who, by reckless grounded apprehension of
imprudence, shall commit death or serious bodily harm
any act which, had it been if the act is not done. A
intentional, would constitute threat of future injury is not
a grave felony, or would enough. The compulsion
have constituted a less must be of such a character
grave felony or a light as to leave no opportunity to
felony, or by any person the accused for escape or
who, by simple imprudence self-defense in equal
or negligence, shall commit combat. [People v. Loreno
an act which would (130 SCRA 311)].
otherwise constitute a grave
felony, or would have Impuris manibus nemo
constituted a less serious accedat curiam. Lat. Let no
felony, or when the one come to court with
execution of the act covered unclean hands. [Moreno’s
by Art. 365 of the Rev. Penal Law Dict., 2000 Ed., p. 222].
Code shall have only
resulted in damage to the Imputation. Succ. A
property of another, or by mathematical process of
any person who, by simple determining whether the
imprudence or negligence, value of donation can be
shall cause some wrong contained in the legitime or
which, if done maliciously, disposable portion, as the
would have constituted a case may be, or not. Its
light felony. [Art. 365, RPC]. purpose is to determine
whether the donation is
Impulse. Also Compulsion. inofficious or not. [Jurado,
Legal Med. A sudden and Comments & Jurisp. on
irresistible force compelling Succession, 1991 8th Ed., p.
a person to the conscious 317].
performance of some action
without motive or Impute. From Lat. imputare:
forethought. [Olarte, Legal to charge. To attribute
543
something done by one Incarceration. Imprisonment

person, as a crime or a fault, in a jail or penitentiary.
to another. [Intl. Law Dict. & [Glossary of Legal Terms
Direct., 2004]. (Pro-Se), 2004].
Imputed negligence Incest. Legal Med. Sexual

doctrine. See Vicarious relations between persons
liability doctrine. who are relatives by blood.
[Olarte, Legal Med., 1st Ed.
Inadequate judgment. See (2004), p. 114].
Incomplete judgment.
Incestuous marriages.
Inadmissible. That which, Marriages between the
under the rules of evidence, following are incestuous and
cannot be admitted or void from the beginning,
received as evidence. whether relationship
[Glossary of Legal Terms between the parties be
(Pro-Se), 2004]. legitimate or illegitimate: (a)
between ascendants and
In any manner contravene descendants of any degree;
the tenor of the and (b) between brothers
obligation. The phrase in and sisters, whether of the
Art. 1170 of the Civil Code, full or half blood. [Art. 37,
includes any illicit task which FC].
impairs the strict and faithful
fulfillment of the obligation, Incet ipsa per se aequitas.
or every kind of defective Lat. Equity shines by her
performance. [Arrieta v. own right. [Moreno’s Law
Natl. Rice and Corn Corp., Dict., 2000 Ed., p. 223].
GR L-15645. Jan. 31, 1964].
Inchamaree clause. Mar.
Incapacity. 1. The lack of Ins. A clause which makes
physical or intellectual the insurer liable for loss or
power or of natural or legal damage to the hull or
qualification. [Luciano v. machinery arising from the
Prov. Governor, GR L-30306. (a) negligence of the
June 20, 1969, citing captain, engineers, etc.; (b)
Webster's 3rd New Intl. Dict., explosions, breakage of
1964 Ed., p. 1141]. 2. Lack shafts; and (c) latent defect
of legal ability to act; of machinery or hull.
disability, incompetence;
lack of adequate power. Inchoate. From Lat. inchoare:
[Glossary of Legal Terms to start work on. Begun, but
(Pro-Se), 2004]. not completed; imperfectly

544
formed or developed. [Intl.

Law Dict. & Direct., 2004]. Incident in the main case.
It presupposes a main case
Incidence of taxation. That which, perforce, must be
point on which the tax within the court's
burden finally rests or settles jurisdiction. [GR 104879.
down. It takes place when May 6, 1994. Malaloan v.
shifting has been effected CA].
from the statutory taxpayer
to another or someone else Inciting a rebellion or
who cannot pass on the insurrection. Crim. Law.
burden further. [De Leon, The felony committed by any
Fundamentals of Taxation, person who, without taking
2000 Ed., p. 53]. arms or being in open
hostility against the
Incident. Anything which is Government, shall incite
inseparably belongs to, or is others to the execution of
connected with, or inherent any of the acts specified in
in, another thing, called the Art. 134 of the Rev. Penal
principal. Anything which is Code, by means of speeches,
usually connected with proclamations, writings,
another, or connected for emblems, banners or other
some purposes, though not representations tending to
inseparably. [Malaloan v. CA, the same end. [Art. 138,
GR 104879. May 6, 1994, RPC, as reinstated by EO
citing Black's Law Dict. 79 187].
(5th Ed. 1979)].
Inciting to sedition. Crim.
Incidental fraud. Also Dolo Law. The felony committed
incidente. 1. Fraud in the by any person who, without
performance of a pre- taking any direct part in the
existing obligation. It is the crime of sedition, should
deliberate act to evade the incite others to the
proper performance of the accomplishment of any of
obligation. [Diaz, Bus. Law the acts which constitute
Rev., 1991 Ed., p. 8]. 2. sedition, by means of
Those deceptions or speeches, proclamations,
misrepresentations which writings, emblems, cartoons,
are not serious in character banners, or other
and without which the other representations tending to
party would still have the same end, or upon any
entered into the contract. person or persons who shall
[Geraldez v. CA, GR 108253. utter seditious words or
Feb. 23, 1994, citing Art. speeches, write, publish, or
1344, CC]. circulate scurrilous libels
545
against the Government of of one is the exclusion of the

the Philippines, or any of the other. [People v. City Court
duly constituted authorities of Silay, GR L-43790. Dec. 9,
thereof, or which tend to 1976].
disturb or obstruct any
lawful officer in executing Income. 1. All revenues and
the functions of his office, or receipts collected or
which tend to instigate received, forming the gross
others to cabal and meet accretions of funds of the
together for unlawful Government. [Sec. 14, PD
purposes, or which suggest 477]. 2. An amount of
or incite rebellious money coming to a person
conspiracies or riots, or or corporation within a
which lead or tend to stir up specified time, whether as
the people against the lawful payment for services,
authorities or to disturb the interest or profit from
peace of the community, the investment. Unless
safety and order of the otherwise specified, it means
Government, or who shall cash or its equivalent.
knowingly conceal such evil Income can also be thought
practices. [Art. 142, RPC, as of as a flow of the fruits of
reinstated by EO 187]. one's labor. [Conwi v. CA, GR
L-48532. Aug. 31, 1992]. 3.
Inciting to war or giving A flow of services rendered
motives for reprisals. by that capital by the
Crim. Law. The felony payment of money from it or
committed by any public any other benefit rendered
officer or employee, and any by a fund of capital in
private individual, who, by relation to such fund through
unlawful or unauthorized a period of time. [Madrigal v.
acts provokes or gives Rafferty, 38 Phil. 414, Aug.
occasion for a war involving 7, 1918].
or liable to involve the
Philippines or exposes Income bonds. Corp. Law.
Filipino citizens to reprisals Bonds which may not be
on their persons or property. secured payable out of the
[Art. 118, RPC]. net profits of the issuing
corporation. [Diaz, Bus. Law
Inclement weather. It shall Rev., 1991 Ed., p. 269].
mean that a typhoon signal
is raised in the locality. [Sec. Income tax. 1. Tax on all
3, RA 8491]. yearly profits arising from
property, professions, trades
Inclusio unius est exclusio or offices, or as a tax on a
alterius. Lat. The inclusion person’s income,
546
emoluments, profits and the of which substantially

like. [Teodoro & De Leon, incapacitates one to perform
Law on Income Taxation, 11th the duties of a peace or
Ed. (2001), p. 1, citing 61 CJS public safety officer. [Sec. 8,
1559]. 2. Tax on a person's PD 971].
income and profits. [Intl. Law
Dict. & Direct., 2004]. Incompetent evidence.
Evidence which is not
Incompatible offices. Pol. admissible under the
Law. Offices the duties and established rules of
functions of which are evidence. Evidence which
inherently inconsistent and the law does not permit to
repugnant, so that because be presented at all, or in
of the contrariety and relation to the particular
antagonism which would matter, on account of lack of
result from the attempt of originality or of some defect
one person to discharge in the witness, the
faithfully, impartially, and document, or the nature of
efficiently the duties of both the evidence itself. [Black’s
offices, considerations of Law Dict., Abr. 5th Ed. (1983),
public policy render it 391].
improper for an incumbent
to retain both. [Punsalan v. Incompetents. 1. Persons
Mendoza, GR L-69576. Nov. suffering the penalty of civil
19, 1985, citing 63 Am. Jur. interdiction or who are
2d. 73]. hospitalized lepers,
prodigals, deaf and dumb
Incompetence. Lack of who are unable to
ability, legal qualification or communicate, those who are
fitness to discharge the of unsound mind, even
required duty . . . want of though they have lucid
physical or intellectual or intervals, and persons not
moral fitness. [Homecillo, being of unsound mind, but
Carmelito V., CSC Res. 97- by reason of age, disease,
0792, Jan. 28, 1997]. weak mind, and other similar
causes, cannot, without
Incompetency. The manifest outside aid, take care of
lack of adequate ability and themselves and manage
fitness for the satisfactory their property, becoming
performance of official thereby an easy prey for
duties by reason of the deceit and exploitation. 2.
officer's vice or vicious Persons who lack ability,
habits. This has reference to legal qualification, or fitness
any physical, moral or to manage their own affairs.
intellectual quality the lack
547
[Glossary of Legal Terms Purisima, GR L-39380. Apr.

(Pro-Se), 2004]. 14, 1978]. 2. A judgment
which has not decided what
Incompetent witness. An ought to be decided is
offered witness who is not incapable of becoming final;
qualified under the rules of immutability for purposes of
testimonial evidence. execution does not attach to
[Francisco, Evidence, Vol. a judgment that is materially
VII, Part 1, 1997 Ed., p. 7]. equivocal or which suffers
from either patent or latent
Incomplete instrument not ambiguity. [Hernandez v.
delivered. Nego Inst. Law. Colayco, GR L-39800. June
An incomplete instrument 27, 1975]. Also Inadequate
which has not been judgment.
delivered, and which will not,
if completed and negotiated Incomplete justification.
without authority, be a valid Crim. Law. A special or
contract in the hands of any privileged mitigating
holder, as against any circumstance, which, not
person whose signature was only can not be offset by
placed thereon before aggravating circumstances
delivery. [Sec. 15, NIL]. but also reduces the penalty
by one or two degrees than
Incomplete judgment. 1. A that prescribed by law.
judgment which directs that [Lacanilao v. CA, GR L-
a party be reimbursed his 34940. June 27, 1988].
actual litigation expenses
without determination of Incontestability clause. An
such amount, where no trial agreement in an insurance
was held in the lower court policy by which the
which had wrongly dismissed insurance company limit the
her complaint. To fully period of time in which it will
dispose of the controversy, interpose objections to the
the judgment should provide validity of the policy or set
for the remand of the case to up any defense. [Tiopianco,
the lower court only for the Commentaries and Jurisp. on
purpose of fixing and the Ins. Code of the Phil.,
determining the amount of 1999 Ed., p. 52-53].
such actual litigation
expenses, without prejudice Incorporate union. Intl. Law.
to the parties coming to an A union of two or more
agreement as to a mutually states under a central
acceptable amount to be authority empowered to
paid to the petitioner by way direct both their internal and
of reimbursement. [Lina v. external affairs and
548
possessed of international principles of international

personality. [Cruz, Intl. Law law are automatically
Reviewer, 1996 Ed., p. 14]. incorporated in the
municipal law of each state
Incorporation by reference. upon its admission to the
The incorporation into a will, family of nations. [Cruz, Intl.
duly executed and witnessed Law Reviewer, 1996 Ed., p.
according to statutory 8]. Compare with
requirements, by an Transformation doctrine.
appropriate reference a
written paper or document Incorporation rule. The rule
which is in existence at the that the nationality of a
time of the execution of the corporation is that of the
will, irrespective of whether State under whose laws such
such document is one corporation was organized.
executed by the testator or a [Diaz, Bus. Law Rev., 1991
third person, whether it is in Ed., p. 245]. Compare with
and of itself a valid Control test.
instrument, provided the
document referred to is Incorporators. Those
identified by clear and stockholders or members
satisfactory proof. [Jurado, mentioned in the articles of
Comments & Jurisp. on incorporation as originally
Succession, 1991 8th Ed., p. forming and composing the
114, citing 57 Am. Jur. Sec. corporation and who are
233, p. 193]. signatories thereof. [Sec. 5,
Corp. Code].
Incorporation doctrine. Intl.
Law. 1. As applied in most Incorporeal. Legal rights
countries, the rules of which are intangible such as
international law are given a copyrights or patents.
standing equal, not superior, [Duhaime's Legal Dict.,
to national legislative 2004].
enactments. [Philip Morris v.
CA, GR 91332. July 16, 1993, Increased risk theory. The
citing Salonga and Yap, rule that in order for the
Public Intl. Law, 4th Ed., employee to be entitled to
1974, p. 6]. 2. The doctrine sickness or death benefits,
that holds that customary the sickness or death
international law is part of resulting therefrom must be,
domestic law to the extent it or must have resulted from
is not inconsistent. [Intl. Law any illness caused by
Dict. & Direct., 2004]. 3. The employment subject to proof
doctrine that postulates that that the risk of contracting
the generally accepted the same is increased by
549
working conditions. [Librea In custody investigation.

v. ECC, GR L-58879. Nov. 14, See Custodial
1991, citing Art. 167(I) of PD investigation.
626, as amended, and Sec.
1(b) of the amended Rules Indebtedness. An
on Employees' unconditional and legally
Compensation]. enforceable obligation for
the payment of money.
Incremental penalty. Crim. [Comm. of Int. Rev. v. Prieto,
Law. An additional penalty of 109 Phil. 592, Sep. 30,
fine based on the value of 1960].
the gain obtained by the
accused on top of the Indecency. An act against
principal penalty, which is good behavior and just
that incurred for the acts of delicacy. [People v.
violence. [People v. Alfeche, Kottinger, GR 20569. Oct.
Jr. GR 102070. July 23, 1992, 29, 1923].
citing Art. 312, RPC].
Indecent exposure. See
Incriminating innocent Exhibitionism.
person. Crim. Law. The
felony committed by any Indecent shows. Crim. Law.
person who, by any act not The felony committed by
constituting perjury, shall those who shall sell, give
directly incriminate or away or exhibit films, prints,
impute to an innocent engravings, sculpture or
person the commission of a literature which are offensive
crime. [Art. 363, RPC]. to morals. [Art. 201, RPC, as
amended by PD Nos. 960
Incumbent. A person who is and 969].
in present possession of an
office. [Tejada v. Domingo In default. (It contemplates a
GR 91860, 205 SCRA 138 scenario where) one is
(1992) quoting Black's Law declared in default due to his
Dict., 5th Ed., 691]. failure to file his answer to
the complaint within the
In custodia legis. Subjected period required by the Rules
to the official custody of a of Court. [Jungco v. CA, GR
judicial executive officer in 78051. Nov. 8, 1989].
pursuance of his execution Compare with As in
of a legal writ. [Claridades, default.
A., Compilation of Notes,
2001-2006]. Also Custodia Indefeasible. A right or title
legis. in property that cannot be
made void, defeated or
550
canceled by any past event, in the same pecuniary

error or omission in the title. position as he occupied
For example, certificates of immediately before the
title issued under a Torrens misfortune. [Tiopianco,
land titles system is said to Commentaries & Jurisp. on
be indefeasible because the the Ins. Code of the Phil.,
government warrants that 1999 Ed., p. 20-21].
no interest burdens the title
other than those on the Indent. A purchase order for
certificate. [Duhaime's Legal goods especially when sent
Dict., 2004]. from a foreign country.
[Schmid & Oberly v. RJL
Indelible allegiance Martinez Fishing Corp., GR
doctrine. Intl. Law. A 75198. Oct. 18, 1988, citing
doctrine under which an Webster's 9th New Collegiate
individual may be compelled Dict. 612 (1986)].
to retain his original
nationality notwithstanding Indentor. One who, for
that he has already compensation, acts as a
renounced it under the laws middleman in bringing about
of another state whose a purchase and sale of goods
nationality he has acquired. between a foreign supplier
[Cruz, Intl. Law Reviewer, and a local purchaser.
1996 Ed., p. 104, citing [Schmid & Oberly v. RJL
Fenwick, 258]. Martinez Fishing Corp., GR
75198. Oct. 18, 1988].
Indemnification for
damages. It comprehends Independence. Intl. Law. 1.
not only the value of the loss Also known as External
suffered, but also that of the sovereignty, it signifies the
profits which the obligee freedom of the state to
failed to obtain. [Art. 2200, control its own foreign
CC]. affairs. [Sandoval, Pol. Law
Reviewer 2003]. 2. The
Indemnity. Payment made external manifestation of
for a certain loss or damage. sovereignty, which also
[Tiopianco, Commentaries & embraces power over
Jurisp. on the Ins. Code of internal matters. The power
the Phil., 1999 Ed., p. 20]. of a state to administer its
external affairs without
Indemnity principle. Ins. direction or interference
The principle by which an from another state. [Cruz,
insured is compensated for Intl. Law Reviewer, 1996 Ed.,
losses sustained and is p. 37].
placed as much as possible
551
Independence principle. except as to the result of

The principle by which the their work. [Villuga v. NLRC,
bank determines compliance GR 75038. Aug. 23, 1993].
with the letter of credit only
by examining the shipping Independent power
documents presented; it is producer (IPP). 1. An
precluded from determining existing power generating
whether the main contract is entity which is not owned by
actually accomplished or the government. [Sec. 4, RA
not. [Bank of America, NT & 9136]. 2. Private investor
SA v. CA, GR 105395. Dec. engaged in power
10, 1993]. generation from coal-fired
power plant, or any other
Independent adjuster. Any energy sources (oil, hydro,
person, partnership, geothermal etc.). [Sec. 1.2,
association or corporation IRR, EO 354 dated 5 July
which, for money, 1996].
commission or any other
thing of value, acts for or on Independent state. Intl.
behalf of an insurer in the Law. 1. A state that has full
adjusting of claims arising freedom in the direction of
under insurance contracts or its affairs, both domestic and
policies issued by such foreign. It may either be
insurer. [Sec. 324, IC]. simple or composite. [Cruz,
Intl. Law Reviewer, 1996 Ed.,
Independent Certified p. 12]. 2. A state that is
Public Accountant. An sovereign; one that operates
accountant who possesses independently
the independence as defined internationally. [Intl. Law
in the rules and regulations Dict. & Direct., 2004].
of the Board of Accountancy Compare with Dependent
promulgated pursuant to PD state.
692, otherwise known as the
Revised Accountancy Law. Indeterminate sentence. 1.
[Sec. 232, NIRC, as A sentence the maximum
amended]. term of which shall be that
which, in view of the
Independent contractors. attending circumstances,
Persons, juridical or natural, could be properly imposed
who exercise independent under the rules of the Rev.
employment, contracting to Penal Code, and the
do a piece of work according minimum which shall be
to their own methods and within the range of the
without being subjected to penalty next lower to that
control of their employer prescribed by the Code for
552
the offense. [Sec. 1, extracted, including

Indeterminate Sentence cannabis americana,
Law]. 2. A sentence of hashish, bhang, guaza,
imprisonment to a specified churrus and ganjah, and
minimum and maximum embraces every kind, class
period of time, specifically and character of Indian
authorized by statute, hemp, whether dried or
subject to termination by a fresh, flowering or fruiting
parole board or other tops of the pistillate plant,
authorized agency after the and all its geographic
prisoner has served the varieties, whether as a
minimum term. [Glossary of reefer, resin, extract,
Legal Terms (Pro-Se), 2004]. tincture or in any form
whatsoever. [Sec. 2, RA
Indeterminate Sentence 6425]. See Cannabis.
Law. Act Numbered Four
Thousand One hundred and Indicia. Lat. Signs;
Three (Act No. 4103, as Indications. Circumstances
amended) entitled “An Act to which point to the existence
provide for an indeterminate of a given fact as probable,
sentence and parole for all but not certain. The term is
persons convicted of certain much used in civil law in a
crimes by the courts of the sense nearly or entirely
Phil. Islands; to create a synonymous with
Board of Indeterminate circumstantial evidence. It
Sentence and to provide denotes facts which give rise
funds therefor; and for other to inferences, rather than
purposes” enacted on Dec. the inferences themselves.
5, 1933. [Black’s Law Dict., Abr. 5th
Ed. (1983), 395].
Indeterminate thing. See
Generic thing. In diem. Lat. A term with a
resolutory effect, until a
Index animi sermo est. Lat. certain day. [PCIB v. Excolin,
Speech is the index of GR L-27860 & L-27896. Mar.
intention. [Globe-Mackay 29, 1974]. Compare with Ex
Cable and Radio Corp. v. die.
NLRC, 206 SCRA 701
(1992)]. Indigenous cultural
community. 1. A group or
Indian hemp. Also tribe of indigenous Filipinos
Marijuana. Every kind and who have continuously lived
class of the plant cannabis as communities on
sativa L. from which the communally-bounded and
resin has not been defined land since time
553
immemorial and have majority of Filipinos. [Sec. 4,

succeeded in preserving, RA 8371].
maintaining, and sharing
common bonds of Indigenous materials. Raw
languages, customs, materials grown and/or
traditions, and other produced in the Philippines.
distinctive cultural traits, and [Sec. 2, PD 2032].
as may be defined and
delineated by law. [Sec. 3, Indigenous Peoples Rights
RA 7942]. 2. A group of Act of 1997, The. RA 8371
people sharing common entitled “An act to recognize,
bonds of language, customs, protect and promote the
traditions and other rights of indigenous cultural
distinctive cultural traits, and communities/indigenous
who have, since time peoples, creating a National
immemorial, occupied, Commission On Indigenous
possessed and utilized a Peoples, establishing
territory. [Sec. 4, RA 7586]. implementing mechanisms,
appropriating funds therefor,
Indigenous cultural and for other purposes”
communities/ Indigenous enacted on Oct. 29, 1997.
peoples (ICCs/IPs). A
group of people or Indigenous petroleum.
homogenous societies Locally extracted mineral oil,
identified by self-ascription hydrocarbon gas, bitumen,
and ascription by others, crude asphalt, mineral gas
who have continuously lived and all other similar or
as organized community on naturally associated
communally bounded and substances with the
defined territory, and who exception of coal, peat,
have, under claims of bituminous shale and/or
ownership since time stratified mineral deposits.
immemorial, occupied, [Sec. 1, RA 7729].
possessed and utilized such
territories, sharing common Indigenous political
bonds of language, customs, structures. Organizational
traditions and other and cultural leadership
distinctive cultural traits, or systems, institutions,
who have, through relationships, patterns and
resistance to political, social processes for decision-
and cultural inroads of making and participation,
colonization, non-indigenous identified by Indigenous
religions and cultures, Cultural Communities/
became historically Indigenous Peoples
differentiated from the (ICCs/IPs) such as, but not
554
limited to, Council of Elders, does not exceed P300 per

Council of Timuays, Bodong month or whose income
Holders, or any other even in excess of P300 per
tribunal or body of similar month is insufficient for the
nature. [Sec. 4, RA 8371]. subsistence of his family.
[Enaje v. Ramos, GR L-
Indigenous wildlife. Species 22109. Jan. 30, 1970, citing
or subspecies of wildlife RA 6035].
naturally occurring or has
naturally established Indigent party. One who is
population in the country. authorized by the court to
[Sec. 5, RA 9147]. prosecute his action or
defense as an indigent upon
Indigent. 1. A person who an ex parte application and
has no visible means of hearing showing that he has
income or whose income is no money or property
insufficient for the sufficient and available for
subsistence of his family. food, shelter and basic
[Enaje v. Ramos, GR L- necessities for himself and
22109. Jan. 30, 1970]. 2. his family. [Suarez, Pol. Law
Needy or impoverished. A Reviewer, 1st Ed., 2002, p.
defendant who can 199].
demonstrate his or her
indigence to the court may Indirect. The term would
be assigned a court- signify an act done not
appointed attorney at public straight to the point.
expense. Compare with [Guerrero v. Villamor, GR
Pauper. [Jurist’s Legal Dict., 82238-42. Nov. 13, 1989].
2004]. 3. Health Ins. A
person who has no visible Indirect assault. Crim. Law.
means of income, or whose The use of force or
income is insufficient for the intimidation by any person
subsistence of his family, as upon another person coming
identified by the Local to the aid of the authorities
Health Insurance Office and or their agents on occasion
based on specific criteria set of the commission of any of
by the Phil. Health Ins. Corp. the crimes defined in Art.
in accordance with the 148 of the Rev. Penal Code.
guiding principles set forth in [Art. 149, RPC].
Art. 1 of RA 7875, as
amended. [Sec. 1, RA 9241]. Indirect bribery. Crim. Law.
Indigent litigant. Anyone public officer who shall
who has no visible means of accept gifts offered to him
support or whose income
555
by reason of his office. [Art. collection mode gives rise to

211, RPC]. winds (by thermal gradients
in the atmosphere),
Indirect contempt. Such produces organic matter or
acts as misbehavior by a bio-mass and creates ocean
court official in the thermal gradients between
performance of his official the surface and its depths.
duties; disobedience or [Sec. 2, PD 1068]. See
resistance to a lawful writ, Direct solar energy.
process order or judgment of
the court; assuming to be an Indirect taxes. 1. Those
attorney or an officer of the taxes which are demanded
court and acting as such from one person in the
without authority; and failure expectation and intention
to obey subpoena served. that he shall indemnify
[Claridades, A., Compilation himself at the expense of
of Notes, 2001-2006]. another. An example of this
Compare with Direct type of tax is the sales tax
contempt. levied on sales of a
commodity. [Maceda v.
Indirect employer. Labor. Macaraig, GR 88291. May
Any person, partnership, 31, 1991]. 2. Those that are
association or corporation demanded in the first
which, not being an instance from one person in
employer, contracts with an the expectation and
independent contractor for intention that he can shift
the performance of any the burden to someone else.
work, task, job or project. [Comm. of Int. Rev. v. John
[Art. 107, LC]. Gotamco & Sons, Inc., GR L-
31092. Feb. 27, 1987].
Indirect initiative. Exercise Compare with Direct taxes.
of initiative by the people
through a proposition sent to Indispensable party. Civ.
Congress or the local Pro. 1. A party in interest
legislative body for action. without whom no final
[Sec. 3, RA 6735]. determination can be had of
an action. [Sec. 7, Rule 3,
Indirect solar energy. The RoC]. 2. A party without
energy content of solar whom the action cannot be
radiation harnessed by finally determined, whose
initially collecting sunlight in interest in the subject matter
a natural manner such as of the suit and in the relief
absorption by land, sought is so intertwined with
atmosphere, ocean surface that of the other parties that
and plants. This natural his legal presence as a party
556
to the proceeding is an additional words specifying

absolute necessity. [Rep. v. the person to whom or to
Sandiganbayan, GR 92594. whose order the instrument
Mar. 4, 1994]. Compare with is to be payable whereby
Necessary party. one not only transfers legal
title to the paper transferred
Individual. A single human but likewise enters into an
being as contrasted with a implied guaranty that the
social group or institution. instrument will be duly paid.
[Moreno’s Law Dict., 2000 [Claridades, A., Compilation
Ed., p. 227]. of Notes, 2001-2006].
Individual claims. Claims on Indorsement. Nego Inst.

land and rights thereon Law. Kinds: (a) Special
which have been devolved to indorsement; (b) blank
individuals, families and indorsement; (c) restrictive
clans including, but not indorsement; (d) qualified
limited to, residential lots, indorsement; (e) conditional
rice terraces or paddies and indorsement. [Sec. 33, NIL].
tree lots. [Sec. 4, RA 8371].
Indorsement in blank. Also
Individually. The term has Blank indorsement. Nego.
the same meaning as Inst. An indorsement that
"collectively", "separately", specifies no indorsee, and an
"distinctively", “respectively” instrument so indorsed is
or "severally". [Ronquillo v. payable to bearer, and may
CA, GR L-55138. Sep. 28, be negotiated by delivery.
1984]. [Sec. 34, NIL].
Indivisible obligation. An Indorser. Nego. Inst. A

obligation the object of person placing his signature
which, in its delivery or upon an instrument
performance, is not capable otherwise than as maker,
of partial performance. drawer, or acceptor, who is
[Diaz, Bus. Law Rev., 1991 deemed to be such unless
Ed., p. 29]. Compare with he clearly indicates by
Divisible obligation. appropriate words his
intention to be bound in
Indorsement. Nego Inst. some other capacity. [Sec.
Law. Legal transaction 63, NIL].
effected by affixing one’s
signature (a) at the back of Indubitable. Something
the instrument; or (b) upon a which cannot be doubted;
paper (Allonge) attached also certain and
thereto with or without unquestionable; without
557
doubt. [Asejo v. Leonoso, 78 form, whether or not

Phil. 467 (1947)]. associated with lines or
colors: Provided, That such
Inducement. Also composition or form gives a
Instigation. Crim. Law. The special appearance to and
criminal intent originates in can serve as pattern for an
the mind of the instigator industrial product or
and the accused is lured into handicraft. [Sec. 112, RA
the commission of the 8293]. 2. Any new original
offense charged in order to and ornamental design for
prosecute him. The an article of manufacture.
instigator practically induces [Sec. 1, PD 1423]. 3. Any
the would-be accused into new and original creation
the commission of the relating to the features of
offense and himself becomes shape, pattern,
a co-principal [People v. configuration,
Ramos, 203 SCRA 237 ornamentation, or artistic
(1991)]. Compare with appearance of an article or
Entrapment. industrial design by the
author in the same manner
Inducing a minor to and subject to the same
abandon his home. Crim. provisions and requirements
Law. The felony committed as relate to patents for
by anyone who shall induce inventions in so far as they
a minor to abandon the are applicable, except as
home of his parent or otherwise hereinafter
guardians or the persons provided. [Sec. 55, RA 165,
entrusted with his custody. as amended by RA 637].
[Art. 271, RPC].
Industrial detergent. Any
Industrial baking and cleaning product not
drying. The industrial designed for laundering
process of subjecting different fabrics in the family
materials to heat for the wash but is mostly used in
purpose of removing the manufacturing industry,
solvents or moisture from such as but not limited to
the same, and/or to fuse the beverage industry,
certain chemical salts to textile industry, meat, fish
form a uniform glazing the and fruit canning, dairy
surface of materials being product processing and food
treated. [Sec. 3, PD 1185]. processing industry. [Sec. 2,
RA 8970].
Industrial design. 1. Any
composition of lines or colors Industrial dispersal. The
or any three-dimensional encouragement given to
558
manufacturing enterprises to Industrial life insurance. A

establish their plants in rural form of life insurance under
areas. Such firms normally which the premiums are
use agricultural raw payable either monthly or
materials either in their oftener, if the face amount
primary or intermediate of insurance provided in any
state. [Sec. 4, RA 8435]. policy is not more than five
hundred times that of the
Industrial dispute. See current statutory minimum
Labor dispute. daily wage in the City of
Manila, and if the words
Industrial employment. In Industrial policy are printed
case of private employers, it upon the policy as part of
includes all employment or the descriptive matter.
work at a trade, occupation [Sec.229, IC].
or profession exercised by
an employer for the purpose Industrial partner. The
of gain, except domestic partner who contributes his
service. [Sec. 22, RA 772]. industry to the partnership.
Industrial estate (IE). A Ed., p. 189]. Compare with
tract of land subdivided and Capitalist partner.
developed according to a
comprehensive plan under a Industrial Peace Act. RA
unified continuous 875. [Expressly repealed by
management and with the Labor Code].
provisions for basic
infrastructure and utilities, Industrial plant. Any plant in
with or without pre-built which a unit process and/or
standard factory buildings operations are involved,
and community facilities for including the related
the use of the community of pollution control and
industries. [Sec. 4, RA 7916]. abatement processes or
operations. [Sec. 3, RA
Industrial fruits. Those 9267].
produced by lands of any
kind through cultivation or Industrial plant or factory.
labor. [Art. 442, CC]. Manufacturing assembly
plants, including engineering
Industrial land. Land shops, shipyards or other
developed principally to business endeavors where
industry as capital electrical machinery and
investment. [Sec. 3, PD 464]. equipment are installed.
[Sec. 2, RA 7920].

559
Industrial Safety Act. manufacturing or processing

Commonwealth Act No. 104, plant other than excluded
as amended. [Expressly material. [Sec 4, RA 9275].
repealed by the Labor Code].
Industry. 1. Any identifiable
Industrial salt. Salt used in group of productive units or
the treatment, processing, enterprises, whether
and/or manufacture of non- operated for profit or not,
food commercial products. engaged in similar or allied
[Sec. 4, RA 8172]. economic activities in which
individuals are gainfully
Industrial sand and gravel employed. [Sec. 1, Rule 9,
permit. The permit granted Book 3, IRR of LC]. 2. Any
by the Mines and department or branch of art,
Geosciences Bureau to any occupation or business,
qualified person for the especially, one which
extraction of sand and employs much labor and
gravel and other loose or capital and is a distinct
unconsolidated materials branch of trade, as the sugar
that necessitate the use of industry. [Diaz-Leus v.
mechanical processing Melvida, GR 77716. Feb. 17,
covering an area of more 1988, citing Sangco, Phil.
than five hectares (5 has.) at Law on Torts & Damages, p.
any one time. The permit 340].
shall have a term of five (5)
years, renewable for a like Industry indispensable to
period but not to exceed a the national interest.
total term of twenty-five (25) Industry needful or essential
years. [Sec. 47, RA 7942]. to the vital functions of the
state where the dispute
Industrial tree plantation. involves public hazard
Any tract of forest land requiring swift governmental
purposely and extensively intervention or action and
planted to timber crops not merely public
primarily to supply the raw inconvenience, whether
material requirements of there is an emergency or
existing or proposed not. [Sec. 32, PD 570-A].
processing plants and
related industries. [Sec. 3, Inebriation. The state of
PD 705]. being under the influence of
or addicted to the use of
Industrial waste. Any solid, intoxication liquors.
semi-solid or liquid waste [Claridades, A., Compilation
material with no commercial of Notes, 2001-2006].
value released by a
560
Ineffective or imperfect extremity; in the last illness.

disinheritance. A [Black’s Law Dict., Abr. 5th
disinheritance without a Ed. (1983), p. 397].
specification of the cause, or
for a cause the truth of In facie curiae. Lat. In the
which, if contradicted, is not face of the courts.
proved, or which is not one Contumacious acts or
of those set forth in the Civil statements and misconduct
Code, which shall annul the regarded as serious acts
institution of heirs insofar as flaunted in the face of the
it may prejudice the person Court and constituting a
disinherited; but the devises frontal assault upon the
and legacies and other integrity of the (Supreme)
testamentary dispositions Court and, through the
shall be valid to such extent Court, the entire judicial
as will not impair the system. [Zaldivar v.
legitime. [Art. 918, CC]. Sandiganbayan, GR 79690.
Feb. 1, 1989].
In esse. Lat. In being.
Actually existing. Infant. 1. A child within zero
Distinguished from In (0) to twelve (12) months of
posse, which means “that age. [Sec. 3, RA 7600]. 2. A
which is not, but may be.” A person falling within the age
child before birth is in posse; bracket of 0-12 months.
after birth, in esse. [Black’s [Sec.4, EO 51, Oct. 20,
Law Dict., Abr. 5th Ed. (1983), 1986].
p. 397].
Infant formula. The
Inexistent contract. One breastmilk substitute
which has no force and formulated industrially in
effect from the very accordance with applicable
beginning, as if it had never Codex Alimentarius
been entered into, and which standards, to satisfy the
cannot be validated either normal nutritional
by time or by ratification. requirements of infants up to
[Tongoy v. CA, 123 SCRA 99 six (6) months of age, and
(1983); Avila v. CA 145 SCRA adopted to their
(1986)]. Also Void contract. physiological characteristics.
[Sec. 3, RA 7600; Sec.4, EO
In extremis. Lat. 1. At the 51].
point of death when every
hope of recovery is extinct. Infanticide. 1. Crim. Law. The
[People v. Laquinon, GR L- felony committed by any
45470. Feb. 28, 1985]. 2. In person who shall kill any
extremity; in the last child less than three days of
561
age, or by the mother of the that the offender be a public

child for the purpose of officer; (b) that there be a
concealing her dishonor, or document abstracted,
by the maternal destroyed or concealed; (c)
grandparents or either of that the document destroyed
them if said crime be or abstracted be entrusted
committed for the same to such public officer by
purpose. [Art. 255, RPC]. 2. reason of his office, and (d)
Murder of an infant soon that damage or prejudice to
after its birth. [Duhaime's the public interest or to that
Legal Dict., 2004]. of a third person be caused
by the removal, destruction
Infantosexual. Legal Med. A or concealment of such
person whose sexual desire document. [Fajelga v.
is towards minors. [Olarte, Escareal, GR L-61017-18.
Legal Med., 1st Ed. (2004), p. Jan. 14, 1988].
113].
In flagrante. Lat. In the very
Inference. A fact or act charged against him.
proposition deducted by [People v. Polo, GR 72899.
process of reasoning as a Jan. 30, 1987].
logical conclusion from other
facts. [Herrera, Rem. Law, In flagrante delicto. Lat. In
1999 Ed., p. 31, citing the very act of committing a
Cummins v. King & Sons crime. [People v. Montilla,
(Alaska), 453 P2d 465]. GR 123872. Jan. 30, 1998,
Compare with citing Moreno, Phil. Law
Presumption. See also Dict., 2nd Ed.].
Presumption hominis or
Presumption of fact. Inflation. A sharp sudden
increase of money or credit
Inferior courts. The term, as or both without a
used in the Interim Rules corresponding increase in
and Guidelines promulgated business transactions. It
to implement the Judiciary causes a drop in the value of
Reorganization Act of 1981, money resulting in the rise
refers to all courts except of the general price level.
the Supreme Court, the [Diaz, Bus. Law Rev., 1991
Sandiganbayan and the Ed., p. 41].
Court of Tax Appeals.
[Delbros Hotel Corp. v. IAC, Informacion posesoria. Sp.
GR L-72566. Apr. 12, 1988]. Possessory information title.
[Dir. of Forestry v. Muñoz,
Infidelity in the custody of GR L-25459. June 28, 1968].
documents. Elements: (a)
562
Informal education. A gathering data and in

lifelong process of learning disseminating and/or
by which every person publishing the same for and
acquires and accumulates on behalf of a principal. [Sec.
knowledge, skills, attitudes 3, BP 39].
and insights from daily
experiences at home, at Information value. The
work, at play and from life correct dutiable value of the
itself. [Sec. 4, RA 9155]. article ascertained from the
reports of the Revenue
In forma pauperis. See Attache or Commercial
Forma pauperis. Attache (Foreign Trade
Promotion Attache) or other
Information. 1. Rem. Law. An Philippine diplomatic officers
accusation in writing and from such other
charging a person with an information that may be
offense subscribed by the available to the Bureau of
prosecutor and filed with the Customs. Such value shall be
court. [Sec. 4, Rule 110, the home consumption value
RoC]. 2. Crim. Proc. An of the imported article which
accusation in writing shall be the subject of
charging a person with an customs duty and taxes.
offense subscribed by the [Comm. of Customs v.
fiscal and filed with the Procter & Gamble Phil. Mfg.
court. [Sec. 4, Rule 110, Corp., GR 56705. Jan. 31,
RoC]. 1989]. Also Established
value.
Information and
communications system. Informed consent. The
A system for generating, voluntary agreement of a
sending, receiving, storing, person to undergo or be
or otherwise processing subjected to a procedure
electronic documents and based on full information,
includes the computer whether such permission is
system or other similar written, conveyed verbally,
device by or in which data is or expressed indirectly. [Sec.
recorded or stored and any 3, RA 8504].
procedures related to the
recording or storage of Informer. One who
electronic document. [Sec. 5, communicates knowledge of
RA 8792]. someone having committed
or about to commit a crime
Information to the proper authorities who
representative. Any person by themselves, acting
who engages in collecting or independently, may obtain
563
the evidence necessary for [Glossary of Legal Terms

the prosecution of the (Pro-Se), 2004].
offender. [People v. Bagano,
GR 77777. Feb. 5, 1990]. Infra scapula. Either of two
flat, triangular bones, each
Informer’s reward. The forming the back part of a
reward granted to any shoulder. [Moreno’s Law
person, except an internal Dict., 2000 Ed., p. 228].
revenue official or employee,
or other public official, or his Infrastructure projects. The
relative within the sixth construction, improvement,
grade of consanguinity, who rehabilitation, demolition,
voluntarily gives definite and repair, restoration or
sworn information, not yet in maintenance of roads and
the possession of the Bureau bridges, railways, airports,
of Internal Revenue, leading seaports, communication
to the discovery of frauds facilities, civil works
upon internal revenue laws components of information
or violation of any of the technology projects,
provisions thereof, thereby irrigation, flood control and
resulting in the recovery of drainage, water supply,
revenues, surcharges and sanitation, sewerage and
fees and/or the conviction of solid waste management
the guilty party and/or systems, shore protection,
imposition of any fine or energy/power and
penalty. [Comm. of Int. Rev. electrification facilities,
v. COA, GR 101976. Jan. 29, national buildings, school
1993, citing Sec. 281 of buildings and other related
NIRC]. construction projects of the
government. [Sec. 5, RA
Informing power of the 9184].
President. The power of the
President to address the Infringement. The use,
Congress at the opening of without the consent of the
its regular session and also registrant, any reproduction,
to appear before it at any counterfeit, copy or
other time. [Sec. 23, Art. VII, colorable imitation of any
1987 Const.]. registered mark or
tradename in connection
Infraction. A violation of law with the sale, offering for
not punishable by sale, or advertising of any
imprisonment. Minor traffic goods, business or services
offenses generally are on or in connection with
considered infractions. which such use is likely to
cause confusion or mistake
564
or to deceive purchasers or 60, RA 166, as amended by

others as to the source or Sec. 6, RA 637].
origin of such goods or
services, or identity of such Infringement of copyright.
business; or reproduce, The importation into the
counterfeit, copy or Philippines of any piratical
colorably imitate any such copies or likeness of any
mark or trade-name and work in which Philippine
apply such reproduction, copyright subsists, unless
counterfeit, copy, or authorized by the copyright
colorable imitation to labels, proprietor concerned, or
signs, prints, packages, except when imported under
wrappers, receptacles or certain circumstances, as
advertisements intended to well as the unlawful use of
be used upon or in the copies imported as
connection with such goods, allowed by Sec. 30 of PD 49
business or services. [Sec. which violate the rights of
22, RA 166, as amended]. the proprietor of Philippine
copyright or annul or limit
Infringement. Elements: (a) the protection secured by
The use by any person, said Decree, and shall be
without the consent of the punishable as such without
registrant, (b) of any prejudice to the proprietor’s
registered mark or trade- right of action. [Sec. 30, PD
name in connection with the 49].
sale, business or services,
among other things, bearing Infringement of patent. The
such registered mark or making, use and sale of the
trade-name. [Sec. 22, RA patented machine, article or
166, as amended]. product, and the use of the
patented process for the
Infringement of a design purpose of industry or
patent. Unauthorized commerce, throughout the
copying of the patented territory of the Philippines
design for the purpose of for the term of the patent by
trade or industry in the any person without the
article or product and in the authorization of the
making, using, or selling of patentee. [Sec. 37, RA 165].
the article or product
copying the patented design. In futuro. Lat. In the future.
Identity or substantial At a future time. The
identity with the patented opposite of In praesenti.
design shall constitute
evidence of copying. [Sec. Inhabitant. One who has
actual fixed residence in a
565
place; one who has a [Glossary of Legal Terms

domicile in a place. [Co v. (Pro-Se), 2004].
Electoral Tribunal, GR
92191-92. July 30, 1991, Inherited case. One tried
citing Bouvier's Law Dict., and finished by an RTC Judge
Vol. II]. but left undecided and is
now listed as pending
Inhabited house. Any decision before the
shelter, ship or vessel incumbent Judge. [People v.
constituting the dwelling of Bajar, GR 118240. Oct. 28,
one or more persons, even 1997, citing MC 1-89 issued
though the inhabitants 13 June 1989 by CJ Fernan].
thereof shall temporarily be
absent therefrom when the Initial. A first part, a
robbery is committed. [Art. beginning, an initial letter,
301, RPC]. note or the like. [Gonzaga v.
Seno, GR L-20522. Apr. 23,
Inherent aggravating 1963, citing Webster's Dict.].
circumstances. Crim. Law.
Those which are part of the Initial appearance. Crim.
felony committed, as Proc.. The defendant comes
unlawful entry in robbery before a judge within hours
with force upon things. of the arrest to determine
[Gregorio, Fund. of Crim. whether or not there is
Law Rev., 1997 9th Ed., p. probable cause for his
112]. arrest. [Glossary of Legal
Inheritance. Succ. 1. All the
property, rights and Initial payments. Taxation.
obligations of a person which The payments received in
are not extinguished by his cash or property other than
death. [Art. 776, CC]. 2. The evidences of indebtedness of
inheritance of a person also the purchaser during the
includes those which have taxable period in which the
accrued thereto since the sale or other disposition is
opening of the succession. made. [Sec. 49, NIRC, as
[Art. 781, CC]. amended].
Inheritance tax. A state tax Initiate. To begin, to

on property that an heir or commence, or to originate.
beneficiary under a will [Moreno’s Law Dict., 2000
receives from a deceased Ed., p. 229].
person's estate. The heir or
beneficiary pays this tax. Initiative. Const. Law. The
power of the people to
566
propose amendments to the do. Conversely, it may

Constitution or to propose require him to perform an
and enact legislations act which he is obligated to
through an election called perform but refuses to do.
for the purpose. [Sec. 3, RA [Glossary of Legal Terms
6735]. (Pro-Se), 2004].
Initiative, systems of. Injunction. Rem. Law.

Const. Law. There are three Requisites to issue: (a) The
(3) systems of initiative, existence of the right to be
namely: 1. Initiative on the protected, and (b) that the
Constitution which refers to facts against which the
a petition proposing injunction is to be directed
amendments to the are violative of said right.
Constitution; 2. Initiative on [Araneta v. Gatmaitan, 101
statutes which refers to a Phil. 328 (1957)].
petition proposing to enact a
national legislation; and 3. Injury. 1. Civ. Law. Any wrong
Initiative on local legislation or damage done to another,
which refers to a petition either in his person, rights,
proposing to enact a reputation or property. The
regional, provincial, city, invasion of any legally
municipal, or barangay law, protected interest of
resolution or ordinance. another. [Pecho v.
[Sec. 3, RA 6735]. Sandiganbayan, GR 111399.
Nov. 14, 1994, citing Black's
Injunction. Rem. Law. 1. An Law Dict., 5th Ed., 706]. 2.
order of a court which Labor. Any harmful change
restrains a specified person in the human organization
from performing certain from any accident arising
acts. [Torres, Oblig. & Cont., out of and in the course of
2000 Ed., p. 351]. 2. A court the employment. [Art. 167,
order that prohibits a party LC]. Compare with
from doing something Damages.
(restrictive injunction) or
compels him to do Injustum est, nisi tota lege
something (mandatory inspecta, de una aliqua
injunction). [Duhaime's Legal ejus particula proposita
Dict., 2004]. 3. A prohibitive indicare vel respondere.
order or remedy issued by Lat. It is unjust to decide or
the court at the suit of the to respond to any particular
complaining party, which part of the law without
forbids the defendant to do examining the whole of the
some act which he is law. [Moreno’s Law Dict.,
threatening or attempting to 2000 Ed., p. 231].
567
Inland bill of exchange. Innocent and virtuous

Nego. Inst. A bill which is, or woman. A woman who has
on its face purports to be, never had illicit intercourse
both drawn and payable with any man, and who is
within the Philippines. Any chaste and pure. [US v.
other bill is a foreign bill. Suan, GR 9201. Mar. 3,
[Sec. 129, NIL]. Compare 1914, citing State v.
with Foreign bill of Ferguson, 107 NC 841].
exchange.
Innocent non-disclosure of
Inland fishery. The facts. The concealment or
freshwater fishery and non-disclosure of facts by a
brackishwater fishponds. party where the means of
[Sec. 4, RA 8550]. knowledge are at hand and
equally available to both
In limine. Lat. At the parties. [Moreno’s Law Dict.,
beginning or on the 2000 Ed., pp. 231-232].
threshold. A motion In limine
is a motion that is tabled by Innocent passage. Intl. Law.
one of the parties at the very The right of ships to pass
beginning of the legal through territorial waters so
procedures. [Duhaime's long as they do not prejudice
Legal Dict., 2004]. the peace, good order, and
security of the coastal state.
In loco parentis. Lat. In the [Intl. Law Dict. & Direct.,
place of the parent. 1. 2004].
Actions of a custodian,
guardian or other person Innocent passage, right of.
acting in the parent's place. Intl. Law. Navigation through
[Jurist’s Legal Dict., 2004]. 2. the territorial sea of a state
The rule established in Art. for the purpose of traversing
2180, in conjunction with that sea without entering
Art. 2176 of the Civil Code internal waters, or of
which provides that the proceeding to internal
damage should have been waters, or making for the
caused or inflicted by pupils high seas from internal
or students of the waters, as long as it is not
educational institution prejudicial to the peace,
sought to be held liable for good order or security of the
the acts of its pupils or coastal state. [Sandoval, Pol.
students while in its custody. Law Reviewer 2003].
[Phil. School of Bus. Admin.
v. CA, GR 84698. Jan. 4, Innominate contracts. They
1992]. are contracts which do not
568
have specific names under Innovation (utility model).

the Civil Code. [Diaz, Bus. Any new model of implement
Law Rev., 1991 Ed., p. 61]. or tools of any industrial
Compare with Nominate product or part of the same,
contracts. which does not possess the
quality or invention, but
Innominate contracts. which is of practical utility by
Kinds: (a) Do ut des (I give reason of its form,
that you give); (b) do ut configuration, construction
facias (I give that you may or composition. [Sec. 1, PD
do); (c) facio ut facias (I 1423].
make so you make); (d) I
make so you give). [Diaz, In pari delicto, potior est
Bus. Law Rev., 1991 Ed., p. conditio defendantis et
61]. possidentes. Lat. Where
both parties are equally in
Inofficious. In excess of the fault, the condition of the
portion of free disposal. defendant is preferable
[Vda. De Tupas v. Br. XLII, [Bouvier Law Dict.], or, as
RTC of Negros Occ., GR L- stated in a case, among
65800. Oct. 3, 1986]. those in equal wrong, the
situation of the defendant is
Inofficious donation. 1. It the stronger. [Norris v. York,
occurs when a person gives 105 Kan. 448, 450, 185 P 43;
more than what he can give 32 CJ 577. (Record on
by way of a last will and Appeal, p. 209)].
testament. In other words,
the donation exceeds the In pari delicto, potior est
free portion of the estate of conditio possidentis. Lat.
the creditor. [Diaz, Bus. Law Where both parties in a
Rev., 1991 Ed., p. 48-49]. 2. dispute are equally at wrong,
A donation which deprives the person in possession of
the donor’s heirs of that the contested property will
portion of the estate to retain it (i.e., the law will not
which the law entitles the intervene). [Duhaime's Legal
heirs, of which the heirs Dict., 2004].
cannot legally be deposed or
disinherited, being contrary Inpatient education
to the donor’s natural duty package. A set of
or affection. [Moreno’s Law informational services made
Dict., 2000 Ed., p. 232]. See available to an individual
also Donation, when who is confined in a hospital
inofficious. to afford him with knowledge
about his illness and its
treatment, and of the means
569
available, particularly Internal Revenue Code. [Sec.

lifestyle changes, to prevent 110, NIRC, as amended].
the recurrence or
aggravation of such illness Inquiry. From Lat. inquirere:
and to promote his health in to seek after or to search for.
general. [Sec. 1, RA 9241]. Intl. Law. 1. An investigation
of the points in question, on
In personam, accio or the theory that their
accion. See Accio or elucidation will contribute to
action personam. the solution of the problem.
[Cruz, Intl. Law Reviewer,
In personam jurisdiction. 1996 Ed., p. 121]. 2. The
Intl. Law. The power of a process by which an
court or tribunal to impartial third party makes
determine the rights of a an investigation to
party who appears before it. determine the facts
[Intl. Law Dict. & Direct., underlying a dispute without
2004]. Compare with In rem resolving the dispute itself.
jurisdiction. [Intl. Law Dict. & Direct.,
2004].
In praesenti. Lat. At the
present time. The opposite In rem, accio or action. See
of In futuro. Accio or action in rem.
Input subsidy. Assistance In rem jurisdiction. Intl.

extended by the Law. The power of a court to
Government to the farmers determine the ownership
in terms of discounted prices rights of persons as to
of farm inputs such as property located within the
fertilizer, pesticide and seed. forum state. [Intl. Law Dict.
[Sec. 4, RA 7607]. & Direct., 2004]. Compare
with In personam
Input tax. The value-added jurisdiction.
tax due from or paid by a
VAT-registered person in the Insane delusion. A delusion
course of his trade or manifested by a false belief
business on importation of for which there is no
goods or local purchase of reasonable basis and which
goods or services, including would be incredible under
lease or use of property, the given circumstances to
from a VAT-registered the same person if he is of
person. It shall also include compos mentis. [People v.
the transitional input tax Dungo, GR 89420. July 31,
determined in accordance 1991].
with Sec. 111 of the National
570
Insane person. 1. One who

has an unsound mind or Insider. 1. It means: (a) the
suffers from a mental issuer; (b) a director or
disorder. 2. A person whose officer (or any person
mental disease has rendered performing similar functions)
him incapable of restraining of, or a person controlling
himself although he the issuer; gives or gave him
understands what he is access to material
doing and knows it is wrong. information about the issuer
[Olarte, Legal Med., 1st Ed. or the security that is not
(2004), p. 153]. generally available to the
public; (d) A government
Insanity. 1. A manifestation employee, director, or officer
in language or conduct of of an exchange, clearing
disease or defect of the agency and/or self-
brain, or a more or less regulatory organization who
permanently diseased or has access to material
disordered condition of the information about an issuer
mentality, functional or or a security that is not
organic, and characterized generally available to the
by perversion, inhibition, or public; or (e) a person who
disordered function of the learns such information by a
sensory or of the intellective communication from any
faculties, or by impaired or forgoing insiders. [Sec. 3, RA
disordered volition. [People 8799]. 2. A person, such as a
v. Ambal, GR L-52688. Oct. corporate officer, director, or
17, 1980, citing Sec. 1039 of majority shareholder, who
the Rev. Admin. Code]. 2. has access to material
Lack of mental capacity to nonpublic information about
do or abstain from doing a a company or the securities
particular act; inability to market. [Intl. Law Dict. &
distinguish right from wrong. Direct., 2004].
Insider trading. The use of
Inscrutable fault doctrine. material nonpublic
Mar. Ins. Where fault is information about a
established but it cannot be company or the securities
determined which of the two market to buy or sell
vessels were at fault, both securities for personal gain.
shall be deemed to have [Intl. Law Dict. & Direct.,
been at fault. [Suggested 2004].
Answer for the 1997 Bar,
UPLC, (2002), p. 65]. Insolvency. 1. Civ. Law. The
Compare with Limited condition of a person when
liability doctrine. the liabilities are greater
571
than the assets, so that the intimidation or coercion nor

claims of the creditors shall it be utilized to impair
cannot be paid. [Torres, the civil rights of the
Oblig. & Cont., 2000 Ed., p. individuals affected. [Sec.
351]. 2. Ins. The inability of 166, RA 3844].
an insurance company to
pay its lawful obligations as Inspection. Evid. The right of
they fall due in the usual and the adverse party to inspect
ordinary course of business a writing whenever the same
as may be shown by its is shown to a witness.
failure to maintain the
margin of solvency required Installment. Partial payment
under Sec. 194 of the of a debt or collection of
Insurance Code, as amended receivable. Different portions
by PD 1141 and further of the same debt payable at
amended by PD 1455. [Sec. different successive periods
249, IC]. agreed. [Black’s Law Dict.,
Abr. 5th Ed. (1983), p. 407].
Insolvency Law. Act 1956
enacted on May 20, 1909. Installment sale. A
commercial arrangement by
Insolvent. 1. A person who which a buyer makes an
either has ceased to pay his initial downpayment and
debts in the ordinary course signs a contract for payment
of business or cannot pay his of the balance in
debts as they become due, installments over a period of
whether insolvency time. [Black’s Law Dict., Abr.
proceedings have been 5th Ed. (1983), p. 407].
commenced or not. [Art.
1636, CC]. 2. A person not Instance. Request of urging.
able to pay his debts as they [Claridades, A., Compilation
become due. [Duhaime's of Notes, 2001-2006].
Legal Dict., 2004].
Instantaneous death. It
Insolvent debtor. One who does not necessarily mean
is unable to pay all his debts the cessation of life
in full. [Moreno’s Law Dict., simultaneously with the
2000 Ed., p. 233]. infliction of the injury. In a
death described as
Inspect. To enter, examine instantaneous, it is possible
and observe. Under no that the victim may survive
circumstance, however, shall the infliction of the moral
such entrance, examination wound for as much as 15 to
and observation be utilized 20 minutes. [People v. Morin,
to commit any act of GR 101794. Feb. 24, 1995].
572
recommendations of the
Instanter principle. The hearing officer if found
express revocation of the correct. [Moreno’s Law Dict.,
first will renders it void 2000 Ed., p. 233].
because the revocatory
clause of the second will, not Institution of heirs. An act
being testamentary in by virtue of which a testator
character, operates to designates in his will the
revoke the previous will person or persons who are to
instantly upon the execution succeed him in his property
of the will containing it. and transmissible rights and
[Claridades, A., Compilation obligations. [Art. 840, CC].
of Notes, 2001-2006].
Instruction. Order to a bank
Instigation. Incitation; to disburse funds to a
urging; solicitation; The act particular person. [Intl. Law
by which one incites another Dict. & Direct., 2004].
to do something, as to
commit some crime or to Instructor training. Training
commence a suit. [Black’s aimed at developing
Law Dict., Abr. 5th Ed. (1983), capacities of persons for
p. 407]. See also imparting attitudes,
Inducement. knowledge, skills and
behavior patterns, required
Institution. The for specific jobs, tasks,
commencement or occupations or group of
inauguration of anything, as related occupations. [Sec. 1,
the commencement of an Rule 1, Book 2, IRR of LC].
action. [Black’s Law Dict.,
Abr. 5th Ed. (1983), p. 407]. Instrument. 1. Any thing that
is used in or intended to be
Institutional buildings. used in any manner in the
School buildings, hospitals, commission of illegal drug
museums, display centers, trafficking or related
government buildings and offenses. [Sec 3, RA 9165].
the like. [Sec. 2, RA 7920]. 2. Any negotiable instrument
as defined in the Negotiable
Institutional decision. A Instrument Law; any
process by which the certificate of stock, or bond
reception of evidence is left or debenture for the
to a subordinate while the payment of money issued by
final decision is made by the a public or private
administration head, with corporation, or any
the latter usually adopting certificate of deposit,
the findings and participation certificate or
573
receipt, any credit or in his presence, so that he is

investment instrument of a frequently referred to as a
sort marketed in the "Witness to the signature”
ordinary course of business and he is not bound to know
or finance, whereby the or be aware of the contents
entrustee, after the issuance of the document. [PNB v. CA,
of the trust receipt, appears GR L-34404. June 25, 1980].
by virtue of possession and
the face of the instrument to Insubordination. 1. A
be the owner. [Sec. 3, PD deliberate and willful refusal
115]. 3. Some written paper to comply with a lawful
or instrument signed and request or order of a higher
delivered by one person to authority. It involves
another, transferring the title disregard of proper authority
to, or giving a lien, on and a refusal to obey that
property, or giving a right to authority. [Sobrepeña,
debt or duty. [Ang Giok Chip Carmelita G., CSC Res. 00-
v. Springfield Fire & Marine 1288, May 30, 2000]. 2.
Ins. Co., GR 33637. Dec. 31, Utter disregard of express or
1931, citing Hoag v. Howard implied directions of the
(1880), 55 Cal., 564]. employer and refusal to
obey reasonable orders.
Instrumentality. Any agency [Words and Phrases, Vol.
of the National Government, 21].
not integrated within the
department framework, Insult. To treat with
vested with special functions insolence, indignity, or
or jurisdiction by law, contempt by word or action;
endowed with some if not all to affront wantonly. [Poquiz,
corporate powers, Labor Rel. Law, 1999 Ed. p.
administering special funds, 359].
and enjoying operational
autonomy, usually through a Insurable interest. 1. Every
charter. This term includes interest in property, whether
regulatory agencies, real or personal, or any
chartered institutions and relation thereto, or liability in
government-owned and respect thereof, of such
controlled corporations. nature that a contemplated
[Sec. 2, Admin. Code of peril might directly damnify
1987]. the insured. [Sec. 13, IC]. 2.
In principle, anyone has an
Instrumental witness. A insurable interest in property
person who attests that the who derives a benefit from
party or parties to the its existence or would suffer
instrument signed the same loss from its destruction
574
whether he has or has not Insurance agent. A person

any title in, or lien upon or authorized to represent the
possession of the property. insurer in dealing with third
Insurable interest in property parties in matters relating to
may consist in (a) an insurance. An agent
existing interest; (b) an employed by an insurance
inchoate interest founded on company to solicit insurance
an existing interest; or (c) an business. [Black’s Law Dict.,
expectancy, coupled with an Abr. 5th Ed. (1983), p. 413].
existing interest in that out
of which the expectancy Insurance broker. One who
arises. [Filipino Merchants v. acts as a middleman
CA, GR 85141. Nov. 28, between the insured and the
1989]. insurance company, and who
solicits insurance from the
Insurance. A contract public under no employment
whereby, for a stipulated from any special company
consideration, one party selected by the insurer or, in
undertakes to compensate the absence of any selection,
the other for loss on a with the company selected
specified subject by special by such broker. [Black’s Law
perils. The party agreeing to Dict., Abr. 5th Ed. (1983), p.
make the compensation is 413].
usually called the “insurer”
or “underwriter”; the other, Insurance Code of 1978. PD
the “insured” or assured”; 1460 entitled “A Decree to
the agreed consideration, consolidate and codify all the
the “premium”; the written insurance laws of the
contract, the “policy”; the Philippines” signed into law
events insured against, on June 11, 1978.
“risks” or “perils”; and the
subject, right, or interest to Insurance company. A
be protected, the “insurable company which is organized
interest”. [Black’s Law Dict., as an insurance company,
Abr. 5th Ed. (1983), p. 408]. whose primary and
predominant business
Insurance adjuster. activity is the writing of
Ordinarily, a special agent insurance or the reinsuring
for the person or company of risks underwritten by
for whom he acts, and his insurance companies, and
authority is prima facie co- which is subject to
extensive with the business supervision by the Insurance
entrusted to him. [Moreno’s Commissioner; or any
Law Dict., 2000 Ed., p. 234]. receiver or similar official or
any liquidating agent for
575
such a company, in his Intangible assets.

capacity as such. [Sec. 3, RA Nonphysical items such as
2629]. stock certificates, bonds,
bank accounts, and pension
Insurance contract. An benefits that have value and
agreement whereby one must be taken into account
undertakes for a in estate planning. [Glossary
consideration to indemnify of Legal Terms (Pro-Se),
another against loss, 2004].
damage or liability arising
from an unknown or Intangible costs in
contingent event. [Sec. 2, petroleum operations.
IC]. Any cost incurred in
petroleum operations which
Insurance policy. See Policy in itself has no salvage value
of insurance. and which is incidental to
and necessary for the drilling
Insured. The owner of the of wells and preparation of
property insured. [Tiopianco, wells for the production of
Commentaries & Jurisp. on petroleum. [Sec. 34, NIRC,
the Ins. Code of the Phil., as amended].
1999 Ed., p. 23].
Integrated Pest
Insurer. Also Insurance Management (IPM). A pest
company. All individuals, management system which
partnerships, associations, utilizes all suitable methods
or corporations, including and techniques in as
government-owned or compatible a manner as
controlled corporations or possible to maintain the pest
entities, engaged as population at a level below
principals in the insurance that causing economically
business, excepting mutual unacceptable damage or
benefit associations. [Sec. loss without endangering the
184, IC]. environment. [Sec. 4, RA
7607].
Insurgent government. A
government established by Integrated school. A school
rebels with the intent of that offers a complete basic
replacing the existing education in one school site
government. [Intl. Law Dict. and has unified instructional
& Direct., 2004]. program. [Sec. 4, RA 9155].
Insurrection. See Rebellion. Integrated water quality

management framework.
The policy guideline
576
integrating all the existing Dollete, GR L-19838]. June

frameworks prepared by all 30, 1964, citing Black's Law
government agencies Dict., p. 94].
contain the following; water
quality goals and targets; (b) Intellectual property. 1. The
period of compliance; (c) right of the author, artist, or
water pollution control inventor over his work
strategies and techniques; (which is considered as his)
(d) water quality information personal property). It
and education program; (e) consists in the pecuniary
human resources benefit which the owner can
development program. [Sec get by the reproduction or
4, RA 9275]. manufacture of his work.
[Tolentino, Civil Code of the
Integration of jural acts Phil., Vol. II, Repr. 2001, p.
theory. Evid. The theory 25, citing 2-II Collin &
under which previous acts Capitant 492]. 2. Useful
and contemporaneous artistic and industrial
transactions of the parties information and knowledge.
are deemed integrated and [Intl. Law Dict. & Direct.,
merged in the written 2004].
instrument which they have
executed. When the parties Intellectual Property Code
have reduced their of the Philippines. RA
agreement to writing, it is 8293 entitled “An Act
presumed that they have prescribing the Intellectual
made the writing the only Property Code and
repository and memorial of establishing the Intellectual
the truth, and whatever is Property Office, providing for
not found in the writing must its powers and functions,
be understood to have been and for other purposes”
waived and abandoned. enacted on June 6, 1997.
of Notes, 2001-2006]. Intellectual property
rights. The legal basis by
Integrity. Soundness of which the indigenous
moral principle and communities exercise their
character, as shown by one rights to have access to,
person dealing with others in protect, control over their
the making and performance cultural knowledge and
of contract, and fidelity and product, including but not
honesty in the discharge of limited to, traditional
trusts; it is synonymous with medicines, and includes the
'probity,' 'honesty,' and right to receive
'uprightness.' [Dizon v.
577
compensation for it. [Sec. 4, used therein. [Black’s Law

RA 8423]. Dict., Abr. 5th Ed. (1983), p.
415].
Intelligence. 1. The moral
capacity to determine what Intentionada waiver. The
is right from what is wrong voluntary renunciation by
and to realize the the vendee of his right to
consequences of one’s acts. warranty in case of eviction
[Gregorio, Fund. of Crim. with knowledge of the risks
Law Rev., 1997 9th Ed., p. of eviction and assumption
19]. 2. The second element of its consequences. [Diaz,
of dolus; The power Bus. Law Rev., 1991 Ed., p.
necessary to determine the 135, citing Art. 1554].
morality of human acts to
distinguish a licit from an Intentional abortion. Crim.
illicit act without which no Law. The felony committed
crime can exist. [Guevarra v. by any person who shall
Almodovar, GR 75256. Jan. intentionally cause an
26, 1989]. abortion, if he shall use any
violence upon the person of
Intent. A design; a the pregnant woman, or if,
determination to do a certain without using violence, he
thing; an aim, the purpose of shall act without the consent
the mind, including such of the woman, or if the
knowledge as is essential to woman shall have
such intent; the design consented. [Art. 256, RPC].
resolve, or determination
with which a person acts. It Intentional. As used in an
is this intent which accident policy excepting
comprises the third element intentional injuries inflicted
of dolo as a means of by the insured or any other
committing a felony, person, etc., the term
freedom and intelligence implies the exercise of the
being the other two. reasoning faculties,
[Guevarra v. Almodovar, GR consciousness, and volition.
75256. Jan. 26, 1989, citing Where a provision of the
46 CJS Intent p. 1103]. policy excludes intentional
Compare with Motive. injury, it is the intention of
the person inflicting the
Intention. When used with injury that is controlling. If
reference to the construction the injuries suffered by the
of wills and other insured clearly resulted from
documents, the term means the intentional act of a third
the sense and meaning of it, person the insurer is relieved
as gathered from the words from liability as stipulated.
578
[Biagtan v. Insular Life, GR L- with or on each other (or one

25579. Mar. 29, 1972]. another), together, mutual,
reciprocal, mutually, or
Intentional cancellation. reciprocally, as in “interact”.
Nego. Inst. Cancellation [Pepsi-Cola Sales and
effected by destroying the Advertising Union v. Sec. of
instrument either by tearing Labor, GR 97092. July 27,
it up, burning it, or writing 1992]. Compare with Intra.
the word "cancelled" on the
instrument. The act of Inter alia. Lat. Among other
destroying the instrument things; for example; or,
must also be made by the including. Legal drafters
holder of the instrument would use it to precede a list
intentionally. [State of examples or samples
Investment House, Inc. v. covered by a more general
CA, GR 101163. Jan. 11, descriptive statement.
1993]. Sometimes they use an inter
alia list to make absolutely
Intentional tort. Wrong sure that users of the
perpetrated by one who document understand that
intends to break the law. the general description
[Jurist’s Legal Dict., 2004]. covers a certain element
(which was covered in the
Intent to gain. Crim. Law. general description anyway)
The intent to obtain from the without, in any way,
appropriation of the thing restricting the scope of the
some utility, advantage or general element to include
benefit. [Gregorio, Fund. of other things that were not
Crim. Law Rev., 1997 9th Ed., singled out in the inter alia
p. 704]. list. [Duhaime's Legal Dict.,
2004].
Intent to kill. Crim. Law. A
mental process, which may Inter-country adoption. The
be inferred from the nature socio-legal process of
of the weapon used, the adopting a Filipino child by a
place of the wound, the foreigner or a Filipino citizen
seriousness thereof, and the permanently residing abroad
persistence to kill the victim. where the petition is filed,
[People v. Ty Sui Wong, GR the supervised trial custody
L-32529. May 12, 1978]. is undertaken, and the
decree of adoption is issued
Inter. A prefix denoting: 1. outside the Philippines. [Sec.
between or among: the 3, RA 8043].
second element is singular in
form, as in “interstate”. 2.
579
Inter-Country Adoption Act Crisostomo, GR L-3378, Aug.

of 1995. RA 8043 entitled 22, 1951; Espinosa v.
“An Act establishing the Barrios, 70 Phil. 311].
rules to govern inter-country
adoption of Filipino children, Interested witness. Rem.
and for other purposes” Law. A witness who is a
enacted on June 7, 1995. party to or a person
interested in the outcome of
Interest. 1. The a case. [Moreno’s Law Dict.,
compensation allowed by 2000 Ed., p. 238].
law or fixed by the parties
for the loan or forbearance Interest in land. The legal
of money, goods or credits. concern of a person in the
[Teodoro & De Leon, Law on thing or property, or in the
Income Taxation, 11th Ed. right to some of the benefits
(2001), p. 111]. 2. Any right or uses from which the
in the nature of property less property is inseparable. [PNB
than title. [PNB v. CA, GR v. CA, GR 118357. May 6,
118357. May 6, 1997]. 1997].
Interested parties. Interest in the subject. A

Domestic producers direct interest in the cause
consumers, importers and of action as pleaded, and
exporters of the products which would put the
under consideration. [Sec. 4, intervenor in a legal position
RA 8800]. to litigate a fact alleged in
the complaint, without the
Interested party. In the establishment of which
estate of a decedent, one plaintiff could not recover.
who would be benefited by [Magsaysay-Labrador v. CA,
the estate, such as an heir, GR 58168. Dec. 19, 1989].
or one who has a claim
against the estate, such as a Interest rate per centum
creditor. [Saguinsin v. per annum. An interest rate
Lindayag, 116 Phil. 1193]. that is accrued solely upon
the unpaid balance of any
Interested person. A person loan principal which has
one who would be benefited actually been advanced to a
by the estate, such as an borrower and upon any
heir, or one who has a claim interest payment which has
against the estate, such as a become due or been
creditor; this interest must deferred and has not been
be material and direct, not paid by the borrower;
merely indirect or computed on an annual
contingent. [Citing Trillana v. basis. [Sec. 3, PD 269].
580
a certificate of registration
Interest rei publicae ut and a valid professional
finis sit litium. Lat. The license by the Board of
interest of the State Interior Design. [Sec. 2, RA
demands that there be an 8534].
end to litigation. [Henson v.
Dir. of Lands, 37 Phil. 912, Interior design, practice of.
917, Mar. 26, 1918]. The act of planning,
designing, specifying,
Interim Committee. Also supervising and giving
Little Assembly. A general administration and
subsidiary to the General responsible direction to the
Assembly of the United functional, orderly and
Nations created in 1947 for a aesthetic arrangement and
term of one year and re- development of interiors of
established in 1949 for an buildings and residences
indefinite term. It is that shall contribute to the
composed of one delegate enhancement and safeguard
for each member-state, of life, health and property
meets when the General and the promotion and
Assembly is in recess, and enrichment of the quality of
assist this body in the life. [Sec. 2, RA 8534].
performance of its functions.
[Cruz, Intl. Law Reviewer, Interlocking confessions.
1996 Ed., p. 25]. Evid. Extra-judicial
confessions independently
Interim receipt. A document made without collusion
given to the insured to bind which are identical with each
the company in case a loss other in their essential
occurs pending action upon details and are corroborated
the application and the by other evidence on record
actual issuance of a policy. are admissible, as
Such a receipt issued by the circumstantial evidence,
duly authorized agent of an against the person
insurance company implicated to show the
constitutes a temporary probability of the latter's
contract of insurance under actual participation in the
which the company is liable commission of the crime.
for any loss occurring during [People v. Molleda, 86 SCRA
the period covered by it. 667, 701 (1978)].
Ed., p. 238]. Interlocking directors.
Corp. Law. One, some, or all
Interior designer. A natural of the directors in one
person who has been issued corporation is/are also
581
director/directors in another indicates that other things

corporation. [De Leon, Corp. remain to be done by the
Code of the Phil. Annotated, Court. [Atienza v. CA, GR
1989 Ed., p. 227]. 85455. June 2, 1994].
Compare with Final order.
Interlocutory. 1. Something
intervening between the Interloper. A person who,
commencement and the end without legal right, runs a
of a suit which decides some business (e.g. without
point or matter but is not a mandatory licenses), or who
final decision of the whole wrongfully interferes or
controversy. [Prov. of Bohol intercepts another's
v. NWSA, L-30856, Feb. 27, business. [Duhaime's Legal
1970, 31 SCRA 841-42, Dict., 2004].
quoting Black's Law Dict., 4th
Ed., 1951 p. 951]. 2. Intermediary. A person who
Temporary; provisional; in behalf of another person
interim; not final. [Glossary and with respect to a
of Legal Terms (Pro-Se), particular electronic
2004]. document sends, receives
and/or stores provides other
Interlocutory injunction. services in respect of that
Rem. Law. An injunction electronic data message or
which lasts only until the end electronic document. [Sec. 5,
of the trial during which the RA 8792].
injunction was sought.
[Duhaime's Legal Dict., Internal control. The plan of
2004]. organization and all the
coordinate methods and
Interlocutory order. Rem. measures adopted within an
Law. 1. An order that does organization or agency to
not dispose of a case safeguard its assets, check
completely, but leaves the accuracy any reliability
something more to be done of its accounting data, and
upon its merits. [Marcelo v. encourage adherence to
de Guzman, GR L-29077, prescribed managerial
June 29, 1982, 114 SCRA policies. [Sec. 123, PD 1445].
657]. 2. An order that does
not finally dispose of the Internally generated funds.
case, and does not end the Funds obtained from net
Court's task of adjudicating revenues, funds arising from
the parties' contentions and depreciation 7provisions,
determining their rights and income from investment in
liabilities as regards each securities, sale of corporate
other, but obviously property, and other
582
transactions performed in and dimensions. [Art. I, 1987

the course of corporate Phil. Const.].
activity. [Sec. 3, EO 518].
International
Internal revenue. Taxes administrative law. The
imposed by the legislature body of rules formulated by
other than duties on imports states, usually in
or exports. [Teodoro & De international conventions,
Leon, Law on Income for the purpose of regulating
Taxation, 11th Ed. (2001), p. their relations and activities
10, citing 1 Cooley 12]. in connection with such non-
political matters as
Internal union dispute. All international
disputes or grievances communication, patents and
arising from any violation of copyrights, promotion of
or disagreement over any health, education, and crime
provision of the constitution prevention. [Cruz, Intl. Law
and by-laws of a union, Reviewer, 1996 Ed., p. 4].
including any violation of the
rights and conditions of International carriage. Any
union membership provided carriage in which, according
for in the Labor Code. [Art. to the agreement between
212, LC]. the parties, the place of
departure and the place of
Internal waters. Also called destination, whether or not
as National or Inland there be a breach in the
waters. 1. Those found in carriage or a transshipment,
the bodies of water within are situated either within the
the land mass and the territories of two High
waters in gulfs and bays up Contracting Parties or within
to the point where the the territory of a single High
territorial waters begin. Contracting Party if there is
[Cruz, Intl. Law Reviewer, an agreed stopping place
1996 Ed., p. 61]. 2. Those within the territory of
waters inland of the baseline another State, even if that
of a state's territorial sea. State is not a High
[Intl. Law Dict. & Direct., Contracting Party. [Pan
2004]. Amer. World Airways v.
Rapadas, GR 60673]. May
Internal waters of the 19, 1992, citing Art. 1, par.
Philippines. The waters 2, Warsaw Convention].
around, between, and
connecting the islands of the International comity. 1.
Philippine archipelago, Courteous and friendly
regardless of their breadth agreement and interaction
583
between nations. [De Leon, superseded by the

Fundamentals of Taxation, Permanent Court of
2000 Ed., p. 47]. 2. The International Justice under
informal and non-mandatory the League of Nations. The
courtesy sometimes referred World Court, as it is
to as a set of rules to which popularly known, is
the courts of one sovereign governed by a Statute
often defer in determining annexed to the Charter of
questions (as of jurisdiction the United Nations. [Cruz,
or applicable precedent) Intl. Law Reviewer, 1996 Ed.,
when the laws or interests of p. 123].
another sovereignty are
involved. [Webster’s 3rd Intl. International dispute. An
Dict., 1976 Ed.]. actual disagreement
between states regarding
International community. the conduct to be taken by
The body of juridical entities one of them for the
which are governed by protection or vindication of
international law. It is often the interests of the other.
traditionally called the family [Cruz, Intl. Law Reviewer,
of nations. [Cruz, Intl. Law 1996 Ed., p. 119].
International ethics. The
International competitions. dealings of states with one
International sports another which stress
competitions which are considerations of justice and
sanctioned by the morality. [Cruz, Intl. Law
International Olympic Reviewer, 1996 Ed., p. 4].
Committee (IOC) or held
every four (4) years International juridical
including qualifying double taxation. The
championships in team imposition of comparable
sports wherein only one (1) taxes in two or more states
or two (2) countries may on the same taxpayer in
qualify for the Olympics or respect of the same subject
World Championships. matter and for identical
Competitions granting prize periods. [Claridades, A.,
money or those held in Compilation of Notes, 2001-
honor of any personality or 2006].
sponsor shall not be
included. [Sec. 3, RA 9064]. International law. 1. Body of
rules which regulates the
International Court of community of nations.
Justice. The judicial organ of [Suarez, Stat. Con., (1993),
the United Nations and p. 38]. 2. A combination of
584
treaties and customs which business is outside the

regulates the conduct of Philippines. It shall not
states amongst themselves. include a domestic
The highest judicial authority subsidiary of such
of international law is the international party or a co-
International Court of Justice venturer in a joint venture
and the administrative with a party which has its
authority is the United place of business in the
Nations. [Duhaime's Legal Philippines. [Claridades, A.,
Dict., 2004]. Compilation of Notes, 2001-
2006].
International Law
Commission. A body International port of entry.
created by the General Any port or seaport declared
Assembly in 1947 for the as such by the relevant
“promotion of the authorities where
progressive development of international aircraft or
international law and its vessels flying routes
codification,” composed of customarily stop to
twenty-five members, of discharge and load foreign
recognized competence in trade goods, repairs,
international law, elected by transshipment of cargo, or
the General Assembly for a disembarkation of
term of three years and passengers, and for which
eligible for re-election. [Cruz, reasons customs and
Intl. Law Reviewer, 1996 Ed., immigration officers are
p. 6]. stationed thereat for
purpose of enforcing the
International collection of corresponding
organizations. Intl. Law. duties, taxes or fees.
Institutions constituted by [Customs Admin. Order 3-95,
international agreement Dec. 6, 1995].
between two or more states
to accomplish common International public order
goals. The legal personality or public policy. In conflict
of these international of laws, the general principle
organizations has been whereby courts may refuse
recognized not only in to enforce contracts or
municipal law, but in foreign judgments or foreign
international law as well. arbitral awards which they
[Sandoval, Pol. Law Reviewer deem to be repugnant to the
2003]. forum's essential principles
of morality and justice, or, in
International party. An some cases, to the basic
entity whose place of policies and interests of the
585
forum State. [Tetley, evidenced by a passport and

Glossary of Conflict of Laws, passenger ticket. [Customs
2004]. Admin. Order 3-95, Dec. 6,
1995].
International sale. A sale
involving a buyer and seller Internet. An network of
with places of business in electronic networks, a
different states. [Intl. Law communications medium,
Dict. & Direct., 2000]. and an information
repository. [Intl. Law Dict. &
International taxation. The Direct., 2004]. See World
operationalization of the tax Wide Web.
system on an international
level. As it is, international Inter partes. Lat. Between
taxation deals with the tax parties. [Duhaime's Legal
treatment of goods and Dict., 2004].
services transferred on a
global basis, multinational Interpleader. 1. An action
corporations and foreign brought by a person against
investments. [Comm. of Int. the conflicting claimants to
Rev. v. Procter & Gamble compel them to interplead
Phil. Manufacturing Corp., and litigate their several
GR 66838. Dec. 2, 1991]. claims among themselves,
whenever conflicting claims
International upon the same subject
transportation. Any matter are or may be made
transportation in which, against him, who claims no
according to the contract interest whatever in the
made by the parties, the subject matter, or an
place of departure and the interest which in whole or in
place of destination, whether part is not disputed by the
or not there be a break in claimants. [Sec. 1, Rule 62,
the transportation or a RoC]. 2. A remedial action
transshipment, are situated whereby a person who has
[either] within the territories property in his possession or
of two High Contracting who has an obligation to
Parties. [Santos III v. render, goes to court and
Northwest Orient Airlines, GR asks that persons who claim
101538. June 23, 1992, the said property or who
citing par. (2), Art. 1 of the consider themselves entitled
Warsaw Convention]. to demand compliance with
the said obligation, be
International travelers. Any required to litigate among
individual who arrives from a themselves in order to
foreign destination, as determine who is the rightful
586
owner or claimant. Upon Interpretation. The act of

filing of the complaint, the making intelligible what was
court issues an order before not understood,
requiring the conflicting ambiguous, or not obvious. It
claimants to file their answer is a method by which the
setting forth their respective meaning of language is
claims. In this action, there ascertained. [NIA v. Gamit,
is no need to cite a cause of GR 85869. Nov. 6, 1992].
action since the plaintiff
does not seek to enforce a Interpretation of contracts.
right or redress a wrong. In a Such interpretation as would
manner of speaking, allow the literal meaning of
although he starts the the stipulations of the
action, he seeks to wash his contract to control, if its
hands of litigation by retiring terms are clear and leave no
to one side and let the doubt upon the intention of
claimants contend for their the contracting parties.
right of property that is in his However, if the words
possession. [Claridades, A., appear to be contrary to the
Compilation of Notes, 2001- evident intention of the
2006]. parties, the latter shall
prevail over the former. [Art.
Interpretare concordare 1370, CC].
legibus est optimus
interpretandi. Lat. Every Interpretatio talis in
statute must be so ambiguis semper frienda
construed and harmonized est, ut evitatur
with other statutes as to inconveniens et
form a uniform system of absurdum. Lat. Where
jurisprudence. [Rep. v. there is ambiguity, such
Asuncion, 231 SCRA 211, interpretation as will avoid
232 [1994], citing Ruben E. inconvenience and absurdity
Agpalo, Stat. Construction is to be adopted. [Comm. of
192 (2nd Ed., 1990)]. Int. Rev. v. CTA, GR 83736.
Jan. 15, 1992].
Interpretatio fienda est ut
res magis valeat quam Interpretative clause. That
pereat. Lat. Such part of the statute where the
interpretation is to be legislature defines its own
adopted so that the law may language or prescribes rules
continue to have efficiency for its construction. [Suarez,
rather than fail. [People v. Stat. Con., (1993), p. 49].
Simon, GR 93028. July 29,
1994]. Interpretative rules. Rules
designed to provide
587
guidelines to the law which determined by the accepted

the administrative agency is rule of international law at
in charge of enforcing. the time the action was
[Misamis Or. Assoc. of Coco taken and not by a rule of
Traders v. DOF Sec., GR law adopted later. [Intl. Law
108524. Nov. 10, 1994]. Dict. & Direct., 2004].
Compare with Legislative
rule. Intertemporal law
doctrine. Intl. Law. Legal
Interrogatories. A set or doctrine that practices
series of written questions regarded as lawful in the
propounded to a party, past will continue to be
witness, or other person respected in the future. [Intl.
having information or Law Dict. & Direct., 2004].
interest in a case; a
discovery device. [Glossary Inter-union controversy or
of Legal Terms (Pro-Se), dispute. A dispute occurring
2004]. or carried on between or
among unions. [Pepsi-Cola
Interruption of good faith. Sales and Advertising Union
The cessation of possession v. Sec. of Labor, GR 97092.
in good faith from the July 27, 1992]. Compare with
moment defects in the title Intra-union conflict.
are made known to the
possessor, by extraneous Intervenor. A person who
evidence or by suit for the has a legal interest in the
recovery of the property by matter in litigation, or in the
the true owner. [Tolentino, success of either of the
Civil Code of the Phil., Vol. II, parties, or an interest
Repr. 2001, p. 256, citing against both, or is so
Ortiz v. Cayanan, 92 SCRA situated as to be adversely
246]. affected by a distribution or
other disposition of property
Interruption of religious in the custody of the court or
worship. Crim. Law. The of an officer thereof who
felony committed by any may, with leave of court, be
public officer or employee allowed to intervene in the
who shall prevent or disturb action. [Sec. 1, Rule 19,
the ceremonies or RoC].
manifestations of any
religion. [Art. 132, RPC]. Intervention. Intl Law. An act
by which a state interferes
Intertemporal law. Intl. Law. with the domestic or foreign
The legal rule that the affairs of another state or
validity of a state's action is states through the
588
employment of force or some right of interest

threat of force. Such force alleged by him to be
may be physical or, in the affected by such
present state of world proceedings. [33 CJ, 477,
affairs, even political or cited in Garcia, v. David, 67
economic. [Sandoval, Pol. Phil. 279, p. 282]. 3. An
Law Reviewer 2003]. action by which a third
person who may be affected
Intervention. Rem. Law. 1. A by a lawsuit is permitted to
proceeding by which a become a party to the suit.
person who has legal [Jurist’s Legal Dict., 2004].
interest in the matter in
litigation, or in the success Inter vivos. Lat. From one
of either of the parties, or an living person to another
interest against both, or living person. [Duhaime's
when he is so situated as to Legal Dict., 2004].
be adversely affected by a
distribution or other Intestate. 1. Dying without a
disposition of property in the will. [Duhaime's Legal Dict.,
custody of the court or of an 2004]. 2. The status of a
officer thereof may, with person who dies without
leave of court, be allowed to leaving a will. [Jurist’s Legal
intervene in an action [Sec Dict., 2004].
1, Rule 19, RoC]. 2. A
proceeding in a suit or action Intestate estate. The estate
by which a third person is of a deceased person
permitted by the court to without a will. The estate is
make himself a party, either settled by the laws of
joining plaintiff in claiming intestacy provided in the
what is sought by the Civil Code. [Bench Book for
complaint, or uniting with Trial Court Judges, p. 3-1].
defendant in resisting the Compare with Testate
claims of plaintiff, or estate.
demanding something
adversely to both of them; Intestate heirs. Also Legal
the act or proceeding by heirs. Those who inherit by
which a third person their own right, and those
becomes a party in a suit who inherit by the right of
pending between others; the representation. [Rosales v.
admission, by leave of court, Rosales, GR L-40789. Feb.
of a person not an original 27, 1987].
party to pending legal
proceedings, by which such Intestate succession. Also
person becomes a party Legal succession. 1. That
thereto for the protection of which is effected by
589
operation of law in default of That the intimidation caused

a will. [Jurado, Comments & the consent to be given; (b)
Jurisp. on Succession, 1991 that the threatened act be
8th Ed., p. 15]. 2. A unjust or unlawful; (c) that
succession of property when the threat be real or serious,
the deceased has left no will, there being evident
or when the will has been disproportion between the
revoked. [Jurist’s Legal Dict., evil and the resistance which
2004]. Compare with all man can offer, leading to
Testamentary succession. the choice of doing that act
which is forced on the
Intestinal obstruction. A person to do as the lesser
condition in which the evil; and (d) that it produces
passage of intestinal a well-grounded fear from
contents is arrested or the fact that the person from
seriously impaired. This is whom it comes has the
due to causes which are necessary means or ability
either mechanical, vascular to inflict the threatened
or neurogenic. [Rodriguez v. injury to his person or
ECC, GR 46454. Sep. 28, property. [Lichauco de Leon
1989]. v. CA, GR 80965, 186 SCRA
345 (1990)].
Intimidation. Unlawful
coercion; extortion; duress; Intoxication. The term
putting in fear. [People v. comprehends a situation
Alfeche, GR 102070. July 23, where, by reason of drinking
1992, citing Black's Law intoxicants, an individual
Dict., 5th Ed. (1979), 737]. does not have the normal
use of his physical or mental
Intimidation to vitiate faculties, thus rendering him
consent. There is incapable of acting in the
intimidation when one of the manner in which an
contracting parties is ordinarily prudent and
compelled by a reasonable cautious man, in full
and well-grounded fear of an possession of his faculties,
imminent and grave evil using reasonable care, would
upon his person or property, act under like conditions.
or upon the person or [Black’s Law Dict., Abr. 5th
property of his spouse, Ed. (1983), p. 423].
descendants or ascendants,
to give his consent. [Art. Intra. A prefix meaning
1335, CC]. "within”, “inside of”, as in
“intramural”, “intravenous”.
Intimidation to vitiate [Pepsi-Cola Sales and
consent. Requisites: (a) Advertising Union v. Sec. of
590
Labor, GR 97092. July 27,

1992]. Compare with Inter. Intriguing against honor.
Intra-corporate committed by any person
controversy. A controversy who shall make any intrigue
which arises between a which has for its principal
stockholder and the purpose to blemish the
corporation. [Philex Mining v. honor or reputation of a
Reyes, 118 SCRA 602, 605, person. [Art. 364, RPC].
606].
Intrinsic ambiguity. Also
In transit. On the way or Latent ambiguity. When
passage; while passing from the writing on its face
one person or place to appears clear but there are
another. In the course of collateral matters or
transportation. [Calme v. CA, circumstances which make
GR 116688. Aug. 30, 1996, the meaning certain.
citing Black's Law Dict., p. [Claridades, A., Compilation
738]. of Notes, 2001-2006].
Compare with Extrinsic or
In transitu. Lat. In transit; on patent ambiguity.
the way or passage; while
passing from one’s person or Intrinsic fraud. It takes the
place to another. In the form of acts of a party in a
course of transportation. litigation during the trial,
[Black’s Law Dict., Abr. 5th such as the use of forged
Ed. (1983), p. 423]. instruments or perjured
testimony, which did not
Intra-union conflict. A affect the present action of
conflict within or inside a the case, but did present a
labor union. [Pepsi-Cola fair and just determination of
Sales and Advertising Union the case. [Libudan v. Gil, 45
v. Sec. of Labor, GR 97092. SCRA 17]. Compare with
July 27, 1992]. Compare with Extrinsic or collateral
Inter-union controversy fraud.
or dispute.
Introduction. Bringing
Intra vires act. Corp. Law. species into the wild that is
An act which is within the outside its natural habitat.
express, implied or [Sec. 5, RA 9147].
incidental powers of the
corporation. [Diaz, Bus. Law In trust. An obligation upon a
Rev., 1991 Ed., p. 277]. person arising out of a
Compare with Ultra vires confidence reposed in him to
act. apply properly, faithfully and
591
according to such invention which shall not be

confidence. [Robles v. CA, considered new or capable
GR 59640. July 15, 1991, of being patented if it was
citing Bouvier's Law Dict., known or used by others in
Baldwins Century Ed., p. the Philippines before the
1192]. invention thereof by the
inventor named in an
Inure. To take effect, to application for patent for the
result; to come into invention; or if it was
operation. [Duhaime's Legal patented or described in any
Dict., 2004]. printed publication in the
Philippines or any foreign
Invalid delegation. If there country more than one year
are gaps in the law that will before the application for a
prevent its enforcement patent therefor; or if it had
unless they are first filled, been in public use or on sale
the delegate will then have in the Philippines for more
been given the opportunity than one year before the
to step in the shoes of the application for a patent
legislature and exercise a therefor; or if it is the subject
discretion essentially matter of a validly issued
legislative in order to repair patent in the Philippines
the omissions. [Guingona v. granted on an application
Carague, GR 94571. Apr. 22, filed before the filing of the
1991. citing Cruz, Phil. Pol. application for patent
Law, pp. 97-99, 1987 Ed.]. therefor. [Sec. 9, RA 165].
Invention. 1. Any patented Inventions not patentable.

machine, product, process, An invention which shall not
including implements or be patentable if it is contrary
tools and other related to public order or morals, or
gadgets of invention, utility to public health or welfare,
model and industrial design or if it constitutes a mere
patents. [Sec. 3, RA 7459]. idea, scientific principle or
2. Any new and useful abstract theorem not
machine manufactured embodied in an invention as
product or substance, specified in Sec. 7 of RA 165,
process or any improvement or any process not directed
thereof that satisfies the to the making or improving
requirement of novelty, of a commercial product.
utility and operativeness. [Sec. 8, RA 165].
[Sec. 1, PD 1423].
Inventions patentable. Any
Invention not considered invention of a new and
new or patentable. An useful machine,
592
manufactured product or facts concerning the matter

substance, process, or an or matters involved. [Anti-
improvement of any of the graft League v. Ortega, GR
foregoing, which shall be L-33912. Sep. 11, 1980,
patentable. [Sec. 7, RA 165]. citing Ballentine's Law Dict.
with Pronunciation, 1930 ed.,
Inventor. The patentee, heir, p. 682].
or assignee, of an invention
letters patent, utility model Investment. 1. Equity
letters or industrial design participation in any
letters patent. [Sec. 3, RA enterprise formed, organized
7459]. or existing under the laws of
the Philippines. [Art. 44, EO
Inventory. 1. An itemized list 226, July 16, 1987]. 2. A
of supplies or property on commitment of money or
hand containing designation capital in order to earn a
or description of each financial return. [Intl. Law
specific article with its Dict. & Direct., 2000].
valuation. [IRR on Supply &
Prop. Mgt., per Sec. 383, Investment banker. Any
LGC]. 2. A list or schedule or person engaged in the
enumeration in writing, business of underwriting
containing, article by article, securities issued by other
the goods and chattels of a persons, but does not
person. [McCullough v. R. include an investment
Aenlle & Co., GR 1300, Feb. company, any person who
3, 1904, citing 17 Am. and acts as an underwriter in
Eng. Enc. of Law, 419]. isolated transactions, but not
as a part of a regular
Investigate. 1. To examine, business, or any person
explore, inquire or delve or solely by reason of the fact
probe into, research on, that such person is an
study. 2. To observe or study underwriter for one or more
closely: inquire into investment companies. [Sec.
systematically: to search or 3, RA 2629].
inquire into: to subject to an
official probe; to conduct an Investment company. Any
official inquiry. [Cariño v. issuer which is or holds itself
CHR, GR 96681. Dec. 2, out as being engaged
1991, citing Webster's 3rd primarily, or proposes to
New Intl. Dict.]. engage primarily, in the
business of investing,
Investigation. An inquiry, reinvesting, or trading in
judicial or otherwise, for the securities. [Sec. 4, RA 2629].
discovery and collection of
593
Investment Incentive Involuntarily committed

Policy Act of 1983. Batas child. A child whose
Pambansa Blg. 391 enacted parent(s), known or
on Apr. 28, 1983. [Expressly unknown, has been
repealed by EO 226 on July permanently and judicially
16, 1987]. deprived of parental
authority due to
Investments Promotion Act abandonment; substantial,
for Less Developed continuous, or repeated
Areas. Batas Pambansa Blg. neglect; abuse; or
44 entitled “An Act to incompetence to discharge
promote investments in less parental responsibilities.
developed areas” enacted [Sec. 3, RA 8552]. Compare
on Nov. 26, 1979. [Expressly with Voluntarily
repealed by EO 226 on July committed child.
16, 1987].
Involuntary dissolution.
Investors and Invention The dissolution of a
Incentives Act of the corporation by the SEC upon
Philippines. RA 7459 filing of a verified complaint
entitled “An Act providing and after proper notice and
incentives to Filipino hearing on the grounds
investors and expanding the provided by existing laws,
functions of the technology rules and regulations. [Sec.
application and promotion 121, Corp. Code].
institute, appropriating funds
therefor, and for other Involuntary entrance. See
purposes” enacted on Apr. Arrival under stress.
28, 1992.
Involuntary servitude. 1. A
Invoice. 1. A detailed condition of enforced,
statement of the nature, compulsory service of one to
quantity and cost of the another. [Rubi v. Prov. Board
thing sold and has been of Mindoro, 39 Phil. 660,
considered not a bill of sale. 708]. 2. The condition of one
[Norkis Distributors, Inc. v. who is compelled by force,
CA, GR 91029. Feb. 7, 1991, coercion, or imprisonment,
citing Am. Jur. 2nd Ed., Vol. and against his will, to labor
67, p. 378]. 2. A list of the for another, whether he is
items sought to be paid or not. [Aclaracion v.
purchased and their prices. Gatmaitan, GR L-39115. May
[Ramos v. CA, GR L-39922- 26, 1975, citing Black's Law
25. Aug. 21, 1987]. Dict., 4th Ed., p. 961].

594
Involuntary statement. A
statement of the accused Iron curtain rule. Succession
who was not assisted by 1. The rule that an
counsel which is deemed, in illegitimate child has no right
contemplation of law, to be to inherit ab intestato from
involuntary, even if it were the legitimate children and
otherwise voluntary, relatives of his father or
technically. [Moreno’s Law mother; nor shall such
Dict., 2000 Ed., p. 243]. children or relatives inherit
in the same manner from
Involuntary trust. See the illegitimate child. [Art.
Constructive trust. 992, CC]. 2. The rule
enunciated under Art. 992 of
Iodine deficiency disorder. the Civil Code that provides
A broad spectrum of a barrier or iron curtain in
deficiencies resulting from that it prohibits absolutely a
lack of iodine in the diet succession ab intestato
which leads to the reduction between the illegitimate
of intellectual and physical child and the legitimate
capacity affecting everyone children and relatives of the
who is iodine-deficiency and father or mother of said
may manifest as goiter, illegitimate child. They may
mental retardation, physical have a natural tie of blood,
and mental defects, and but this is not recognized by
cretinism. [Sec. 4, RA 8172]. law for the purpose of Art.
992. Between the legitimate
IP Code. RA 8293 also known family and the illegitimate
as the Intellectual Property family there is presumed to
Code of the Philippines. [Sec. be an intervening
3, RA 9239]. antagonism and
incompatibility. The
Ipinagbili. Tag. Sold. illegitimate child is
[Moreno’s Law Dict., 2000 disgracefully looked down
Ed., p. 243]. upon by the legitimate
family; and the family is in
Ipso facto. Lat. By the fact turn, hated by the
itself; by the mere fact. illegitimate child; the latter
[Angara v. Gorospe, GR L- considers the privileged
9230. Apr. 22, 1957]. condition of the former, and
the resources of which it is
Iridodialysis. The separation thereby deprived; the
or loosening of the iris from former, in turn, sees in the
its attachment. [Aguja v. illegitimate child nothing but
GSIS, GR 84846. Aug. 5, the product of sin, palpable
1991]. evidence of a blemish
595
broken in life; the law does [Moreno’s Law Dict., 2000

no more than recognize this Ed., p. 244].
truth, by avoiding further
ground of resentment. [Diaz Irrelevant evidence.
v. IAC, GR 66574. Feb. 21, Evidence which has no
1990, citing 7 Manresa 110]. probative value. [Francisco,
Also known as Rule of Evidence, Vol. VII, Part 1,
barrier between the 1997 Ed., p. 7]. Compare
legitimate family and the with Relevant evidence.
illegitimate family. See
also Rule of barrier Irreparable damages.
between the legitimate Within the meaning of the
family and illegitimate. rule relative to the issuance
of injunction, such damages
Irregular execution. As a where there is no standard
rule, the failure of the writ to by which their amount can
conform to the decree of the be measured with
decision executed. [Canlas v. reasonable accuracy. [SSS v.
CA, GR L-77691. Aug. 8, Bayona, 5 SCRA 126, 130-
1988]. 131 (1962)].
Irregular indorser. Nego. Irreparable injury. An injury

Inst. A person who, not of such constant and
otherwise a party to an frequent recurrence that no
instrument, places thereon fair and reasonable redress
his signature in blank before can be had therefor in a
delivery. [Sec. 64, NIL]. court of law, or where there
is no standard by which their
Irregularities in the amount can be measured
performance of duties. with reasonable accuracy,
The improper performance that is, it is not susceptible
of some act which might of mathematical
lawfully be done. [Sec. 8, PD computation. [Allundorff v.
971]. Abrahanson, 38 Phil. 58 cited
in Phil. Virginia Tobacco v.
Irrelevant. In pleadings and De los Angeles, 164 SCRA
in objections to questions 555 (1988)]. An injury which
and manifestations, the term cannot be adequately
conveys the idea that the compensated in damages
matter objected to is not due to the nature of the
directly connected with, injury itself or the nature of
related to, nor in any the right or property injured
manner having any bearing or when there exists no
to the issue involved. certain pecuniary standard
for the measurement of
596
damages. [PAL v. NLRC, GR Irrevocable beneficiary.

120567. Mar. 20, 1998, The person designated to
citing Moreno, Phil. Law receive the proceeds of the
Dict., 1982 ed., p. 321]. policy in the event of death
of the Insured. [Tiopianco,
Irresistible force. One that Commentaries & Jurisp. on
must produce such an effect the Ins. Code of the Phil.,
upon the individual that, in 1999 Ed., p. 28].
spite of all resistance, it
reduces him to a mere Irrevocable credit. The
instrument and, as such, duration of the letter of
incapable of committing a credit. What it simply means
crime. [People v. Fernando, is that the issuing bank may
GR L-24781. May 29, 1970]. not without the consent of
the beneficiary (seller) and
Irresistible impulse rule. the applicant (buyer) revoke
The rule which provides that his undertaking under the
“a person is considered letter. The issuing bank does
insane when mental disease not reserve the right to
has rendered him incapable revoke the credit. [Feati
of restraining himself Bank & Trust Co. v. CA, GR
although he understands 94209. Apr. 30, 1991].
what he is doing and knows Compare with Confirmed
it is wrong. [Olarte, Legal letter of credit.
Med., 1st Ed. (2004), p. 153].
Irrevocable letter of credit.
Irresistible impulse test. One that constitutes a
The test under which a definite undertaking of the
person acts under an issuing bank, provided that
irresistible impulse when, by the stipulated documents
reason of duress or mental are presented and that the
disease, he has lost the terms and conditions of the
power to choose between credit are complied with: i. if
right and wrong, to avoid the the credit provides for sight
act in question, his free payment — to pay, or that
agency being at the time payment will be made; ii. if
destroyed. [People v. Dungo, the credit provides for
GR 89420. July 31, 1991]. deferred payment — to pay,
Compare with Delusion or that payment will be
impulse test and Right made, on the date(s)
and wrong test. determinable in accordance
with the stipulations of the
Irretrospectivity. See credit; iii. if the credit
Prospectivity. provides for acceptance — to
accept drafts drawn by the
597
beneficiary if the credit supported by irrigation

stipulates that they are to be services. [Sec. 4, RA 7607].
drawn on the issuing bank,
or to be responsible for their Irrigation district. A public
acceptance and payment at quasi corporation, organized,
maturity if the credit however, to conduct a
stipulates that they are to be business for the private
drawn on the applicant for benefit of the owners of land
the credit or any other within its limits. They are
drawee stipulated in the members of the corporation,
credit; iv. if the credit control its affairs, and alone
provides for negotiation — to are benefited by its
pay without recourse to operations. It is, in the
drawers and/or bona fide administration of its
holders, draft(s) drawn by business, the owner of its
the beneficiary, at sight or at system in a proprietary
a tenor, on the applicant for rather than a public
the credit or on any other capacity, and must assume
drawee stipulated in the and bear the burdens of
credit other than the issuing proprietary ownership.
bank itself, or to provide for [Fontanilla v. Maliaman, GR
negotiation by another bank 55963 & 61045. Feb. 27,
and to pay, as above, if such 1991].
negotiation is not effected.
[Bank of America v. CA, GR Irrigation system. A system
105395. Dec. 10, 1993, of irrigation facilities
citing Art. 10 of the UCP]. covering contiguous areas.
[Sec. 4, RA 8435].
Irrigable lands. Lands which
display marked Irrigators' association (IA).
characteristics justifying the An association of farmers
operation of an irrigation within a contiguous area
system. [Sec. 4, RA 8435]. served by a National
Irrigation System or
Irrigated lands. 1. Lands Communal Irrigation System.
serviced by natural irrigation [Sec. 4, RA 8435].
or irrigation facilities. These
include lands where water is Irritant. Any substance not
not readily available as corrosive which, on
existing irrigation facilities immediate, prolonged or
need rehabilitation or repeated contact with
upgrading or where irrigation normal living tissue will
water is not available year- induce a local inflammatory
round. [Sec. 4, RA 8435]. 2. reaction. [Art. 4, RA 7394].
Agricultural lands which are
598
Irrumation. See Fellatio.

Isolated transaction. A
Isang dipa. Tag. One arm's transaction or series of
length. [People v. Bustos, GR transactions set apart from
35475. Mar. 16, 1989]. the common business of a
foreign enterprise in the
Isip-bata. Tag. One who sense that there is no
thinks like a child despite his intention to engage in a
age. [People v. Antonio, GR progressive pursuit of the
107950. June 17, 1994]. purpose and object of the
business organization. [Eriks
Islamic banking business. A Pte. Ltd. v. CA, GR 118843.
banking business whose Feb. 6, 1997].
aims and operations do not
involve interest (Riba) which Issue. 1. The disputed point
is prohibited by the Islamic in a disagreement between
Shari'a principles. [Sec. 44, parties in a lawsuit. 2. To
RA 6848]. send out officially, as in ‘to
issue an order.” [Glossary of
Islamic law. The law Legal Terms (Pro-Se), 2004].
according to the Muslim faith 3. Nego. Inst. The first
and as interpreted from the delivery of the instrument,
Koran. Islamic law is complete in form, to a
probably best known for person who takes it as a
deterrent punishment, which holder. [Sec. 191, NIL].
is the basis of the Islamic
criminal system and the fact Issued capital stock. See
that there is no separation of Outstanding capital
church and state. Under stock.
Islamic law, the religion of
Islam and the government Issue preclusion. See
are one. Islamic law is Preclusion of issues.
controlled, ruled and
regulated by the Islamic Issuer. 1. The originator,
religion. [Duhaime's Legal maker, obligor, or creator of
Dict., 2004]. the security. [Sec. 3, RA
8799]. 2. Every person who
Isolated distribution issues or proposes to issue
system. The low or high any security, or has
voltage backbone system of outstanding any security
wires and associated which it has issued. [Sec. 3,
facilities not directly RA 2629].
connected to the national
transmission system. [Sec. Issue slip. The document
4, RA 9136]. used as evidence in the
599
transfer of non-consumable v. Sec. of Justice, 299 US

supplies or property from the 410-416].
general services officer,
municipal or barangay Ius commune. General law
treasurer, as the case may that applies where statute
be, to a department head for does not. It usually applies in
issuance to the end-user. both jurisdictions so that a
[IRR on Supply & Prop. Mgt., question of conflict does not
per Sec. 383, LGC]. apply. It is also a common
source of law used in
Issuing bank. See Opening arbitration proceedings.
bank. [Tetley, Glossary of Conflict
of Laws, 2004].
Ita semper fiat relatio ut
valeat dispositio. Lat. The Ius gentium. The law of
interpretation must always nations, referring to
be such that the disposition International Law. [Tetley,
may prevail. [Maddumba v. Glossary of Conflict of Laws,
GSIS, GR 61293. Feb. 15, 2004].
1990].
Iyot ni inam. Ilok. The first
Item. In budgetary legislation word refers to the actual
and practice, the particulars, sexual act and the rest refer
the details, the distinct and to mother. Combined the
severable parts of the bill. term would be more
An indivisible sum of money derogatory than the Tagalog
dedicated to a stated expression "Putang-ina mo."
purpose. [Gonzales v. [People v. Rapanut, GR
Macaraig, Jr., GR 87636. 106817. Oct. 24, 1996].
Nov. 19, 1990].
Items in a bill. The

particulars, the details, the
distinct, and several parts of
the bill. [Dean Tupaz, 24
Hours Before the Bar (1st Ed.
2005), p. 134].
Item (of an appropriation -J-

bill). An item which in itself
is a specific appropriation of Jaundice. A morbid condition
money, not some general characterized by yellowness
provision of law, which of the eyes, skin and urine,
happens to be put into an constipation and loss of
appropriation bill. [Bengzon appetite. [Vda. De Tumolva
600
v. ECC, GR L-46187. Jan. 16, refloat the vessel which has

1986, citing Maloy, Medical stranded. [Tiopianco,
Dict. for Lawyers, 2nd Ed., p. Commentaries and Jurisp. on
334]. the Ins. Code of the Phil.,
1999 Ed., p. 109].
JBC. See Judicial and Bar
Council. Jewelry Industry
Development Act of 1998.
J. D. Abbreviation for Juris RA 8502 entitled “An Act to
Doctor or Doctor of promote the development of
Jurisprudence. the jewelry manufacturing
industry, providing
Jeep or jeepneys or incentives therefor and for
jeepney substitutes. other purposes” enacted on
Philippine jeep or jeepneys Feb. 13, 1998.
which are of the jitney type
locally designed and Job. All the tasks carried out
manufactured generally from by a particular person in the
surplus parts and completion of 7his
components. It shall also prescribed duties. [Sec. 1,
include jeepney substitutes Rule 1, Book 2, IRR of LC].
that are manufactured from
brand-new single cab chassis Job contracting. Elements:
or cowl chassis and locally (a) The contractor carries on
customized rear body that an independent business
has continuous sideway row and undertakes the contract
seats with open rear door work on his own account
and without retractable glass under his own responsibility
windows. [RA 9224]. according to his own manner
and method, free from the
Jeopardy. Crim. Law. The control and direction of his
peril in which an accused is employer or principal in all
placed when put on trial matters connected with the
before a court of competent performance of the work
jurisdiction upon an except as to the results
indictment or information thereof; and (b) the
which is sufficient in form contractor has substantial
and substance to sustain a capital or investment in the
conviction. [People v. form of tools, equipment,
Vergara, GR 101557-58. Apr. machineries, work premises,
28, 1993]. and other materials which
are necessary in the conduct
Jettison. The throwing of his business. [Sec. 8, Rule
overboard of cargo or an VIII, LC]. Compare with
attempt to lighten and Labor-only contracting.
601
the causes of action arise

John Doe. A defendant whose out of the same contract,
identity or name is unknown. transaction or relation
[Claridades, A., Compilation between the parties, or are
of Notes, 2001-2006]. for demands for money or
are of the same nature and
Joinder of causes of action. character. [Rep. v.
The assertion by a party, in Hernandez, GR 117209. Feb.
one pleading, in the 9, 1996].
alternative or otherwise, as
many causes of action as he Joint account. A transaction
may have against an of merchants where other
opposing party. [Sec. 5, Rule merchants agree to
2, RoC]. contribute the amount of
capital agreed upon, and
Joinder of causes of action. participating in the favorable
Conditions: (a) The party or unfavorable results
joining the causes of action thereof in the proportion
shall comply with the rules they may determine.
on joinder of parties; (b) The [Suggested Answer of the UP
joinder shall not include Law Center for the 2000 Bar
special civil actions or cited in Miravite, Bar Review
actions governed by special Materials in Comm. Law, 12th
rules; (c) Where the causes Ed., (2002), p. 14].
of action are between the
same parties but pertain to Joint account partnership.
different venues or A business arrangement
jurisdictions, the joinder may whereby two or more
be allowed in the RTC persons interest themselves
provided one of the causes in the business of another
of action falls within the making contributions
jurisdiction of said court and thereto, and participating in
the venue lies therein; and the results of the business.
(d) Where the claims in all [Miravite, Bar Review
the causes of action are Materials in Comm. Law, 12th
principally for recovery of Ed., (2002), p. 14].
money, the aggregate
amount claimed shall be the Joint account partnership.
test of jurisdiction. Features: (a) Only one
member is ostensible; the
Joinder of causes of action. others are silent; (b) no
Requisites: (a) It will not common name; (c) only the
violate the rules on ostensible partner can sue or
jurisdiction, venue and be sued; (d) no common
joinder of parties, and (b) fund. [Miravite, Bar Review
602
Materials in Comm. Law, 12th person for which each

Ed., (2002), p. 14]. person may be sued for the
entire amount of damages
Joint adoption by the done by all. [Duhaime's
spouses. Exceptions: (a) Legal Dict., 2004].
When one spouse seeks to
adopt his own illegitimate Joint and several note. One
child; or (b) when one in which the makers bind
spouse seeks to adopt the themselves both jointly and
legitimate child of the other. individually to the payee so
[Art. 185, FC]. that all may be sued
together for its enforcement,
Joint and several. In or the creditor may select
obligation, the term means one or more as the object of
solidary where each one of the suit. [Rep. Planters Bank
the debtors may be held v. CA, GR 93073. Dec. 21,
liable for the entire 1992].
obligation. [Torres, Oblig. &
Cont., 2000 Ed., p. 351]. Joint and several
obligation. In common law,
Joint and several the term corresponds to a
judgment. A judgment civil law solidary obligation;
which imposes a joint and that is, one of several
several obligation. [Moreno’s debtors bound in such wise
Law Dict., 2000 Ed., p. 247]. that each is liable for the
entire amount, and not
Joint and several liability. merely for his proportionate
1. A legal doctrine that share. [Rep. Planters Bank v.
makes each of the parties CA, GR 93073. Dec. 21,
who are responsible for an 1992]. See also Solidary
injury, liable for all the obligation.
damages awarded in a
lawsuit if the other parties Joint custody. A child
responsible cannot pay. custody decision which
[Gacayan v. Leaño, GR L- means that both parents
33754. Mar. 28, 1983]. 2. shall share joint legal
The obligation assumed by custody and joint physical
several persons where each custody. [Duhaime's Legal
of the debtors is answerable Dict., 2004].
for the whole obligation with
the right to seek contribution Joint debtor. One who is an
from his co-debtors. [Phil. indispensable party with
Intl. Surety v. Gonzales, GR respect to his own share and
L-15868. Oct. 31, 1961]. 3. a necessary party with
Liability of more than one respect to the share of
603
others. Compare with 93010. Aug. 30, 1990, citing

Solidary co-debtors. Tolentino, Civil Code of the
Phil., Vol. IV, 85 Ed., p. 218].
Joint-indivisible obligation. Compare with Solidary
An obligation where it is joint obligation.
as to the parties but
indivisible as to compliance. Joint Resolution. A
[Diaz, Bus. Law Rev., 1991 Resolution passed by both
Ed., p. 25]. chambers of the legislature
in joint session. This kind of
Joint indorsement. Nego. Resolution passes through
Inst. An indorsement greater procedural
payable to two or more safeguard than the other
payees or indorsees. [Sec. kinds of Resolution. [Suarez,
41, NIL]. Stat. Con., (1993), p. 59].
Joint judgment. A judgment Joint stock company. In

which imposes a joint common law countries, an
obligation. [Moreno’s Law unincorporated association
Dict., 2000 Ed., p. 247]. of persons whose ownership
interests are represented by
Joint liability. Where the transferable shares. The
joint obligor has the right to shareholders in such a
insist that the co-obligor be company have unlimited
joined as a co-defendant, personal liability. [Intl. Law
and that the co-obligor be Dict. & Direct., 2004].
sued jointly. In other words,
where two or more parties Joint tenancy. A form of legal
share liabilities. [Tetley, co-ownership of property
Glossary of Conflict of Laws, (also known as survivorship).
2004]. At the death of one co-
owner, the surviving co-
Joint obligation. An owner becomes sole owner
obligation in which each of of the property. Tenancy by
the debtors is liable only for the entirety is a special form
a proportionate part of the of joint tenancy between a
debt, and each creditor is husband and wife. [Glossary
entitled only to a of Legal Terms (Pro-Se),
proportionate part of the 2004].
credit. Hence, in this
obligation, each creditor can Joint trial. A trial where the
recover only his share of the offenses charged are similar,
obligation, and each debtor related, or connected, or are
can be made to pay only his of the same or similar
part. [Quiombing v. CA, GR character or class, or involve
604
or arose out of the same or commitment or agreement

related or connected acts, by two (2) or more persons
occurrences, transactions, to carry out a specific or
series of events, or chain of single business enterprise
circumstances, or are based for their mutual benefit, for
on acts or transactions which purpose they combine
constituting parts of a their funds, land resources,
common scheme or plan, or facilities and services. [Sec.
are of the same pattern and 3, RA 7279].
committed in the same
manner, or where there is a Joint venture agreement
common element of (JVA). An agreement
substantial importance in entered into between the
their commission, or where Government and one or
the same, or much the more contractors in
same, evidence will be accordance with Sec. 26(c)
competent and admissible or of RA 7942.
required in their prosecution,
and if not joined for trial the Joint will. A single
repetition or reproduction of testamentary instrument
substantially the same which contains the wills of
testimony will be required on two or more persons, jointly
each trial. [Palanca v. executed by them, either for
Querubin, GR L-29510-31. their reciprocal benefit or for
Nov. 29, 1969, citing 23 CJS, the benefit of a third person.
pp. 680-681]. [Jurado, Comments & Jurisp.
on Succession, 1991 8th Ed.,
Joint venture. 1. An p. 104, citing 57 Am. Jur.
association of persons or Sec. 681, p. 458].
companies jointly
undertaking some Joists. 1. A kind of beam laid
commercial enterprise; horizontally and serving in
generally all contribute buildings to support others
assets and share risks. It or for bracing and
requires a community of connecting the parts of the
interest in the performance structure. [Choco v.
of the subject matter, a right Santamaria, GR 6076. Dec.
to direct and govern the 29, 1911, citing Dict. of the
policy in connection Spanish Acad.]. 2. The
therewith, and duty, which horizontal timbers that are
may be altered by placed upon the tops of the
agreement to share both in uprights, that is, what are
profit and losses. [Kilosbayan commonly called beams,
v. Guingona, GR 113375. intended to serve for
May 5, 1994]. 2. The connection and main support
605
of the timbers of the to law. In its most extensive

different floors that separate sense, the term includes all
the stories of the building. officers appointed to decide
[Choco v. Santamaria, GR litigated questions while
6076. Dec. 29, 1911, citing acting in that capacity,
Scaevola, Civil Code, Vol. 10, including justice of the
p. 448]. peace, and even jurors, it is
said, who are judges of facts.
Journal. 1. The official record [People v. Manantan, GR L-
of the acts of a legislative 14129. July 31, 1962, citing
body. [Tolentino v. Sec. of Bouvier, Law Dict.]. 2. A
Finance, GR 115525. Aug. presiding officer of the court.
25, 1994]. 2. A book of [Jurist’s Legal Dict., 2004].
original entry in which the
happenings or transactions Judge de facto. A person
affecting the business of a who has the reputation of
taxpayer are recorded being the officer he assumes
consecutively day by day as to be and yet is not a good
they occur. [Martin, officer in point of law
Commentaries and Jurisp. on because there exists some
Comml. Laws, Vol. 1, 1988 defect in his appointment or
Rev. Ed., p. 34]. 3. An his right to exercise judicial
academic or learned functions at the particular
periodical. [Intl. Law Dict. & time [Luna v. Rodriguez, 37
Direct., 2004]. Phil. 186, p. 192].
Joy ride. Driving for the Judgment. Rem. Law. 1. The

purpose of enjoyment or for adjudication by the court
a "frolic of one’s own.” that the defendant is guilty
[Filamer Christian Institute v. or is not guilty of the offense
IAC, GR 75112. Aug. 17, charged, and the imposition
1992]. of the penalty provided for
by law on the defendant,
Judah's belt. A string of who pleads or is found guilty
firecrackers consisting of thereof. [Sec. 1, Rule 120,
either diablos or small RoC]. 2. The decision or
triangulos that can number sentence of the law given by
up to a hundred or a court or other tribunal as
thereabout and culminating the result of proceedings
in large firecracker usually a instituted therein. It is a
bawang. [Sec. 2, RA 7183]. judicial act which settles the
issues, fixes the rights and
Judge. 1. A public officer liabilities of the parties, and
lawfully appointed to decide determines the proceeding,
litigated questions according and it is regarded as the
606
sentence of the law Products Co. Inc., GR L-

pronounced by the court on 18103. June 8, 1922]
the action or question before
it. [Legarda v. CA, GR 94457. Judgment by confession
Oct. 16, 1997, citing 49 CJS relicta verificatione. Rem.
Judgments § 1 and 2]. See Law. The confession by the
also Summary judgment. defendant, after pleading
and before trial, of the
Judgment by cognovit plaintiff’s cause of action
actionem. Rem. Law. The and the withdrawal or
acknowledgment and abandonment of his plea or
confession by the defendant other allegations, whereupon
after service, instead of judgment shall be entered
entering a plea, that the against him without
plaintiff’s cause of action proceeding to trial. [Feria
was just and rightful. [Feria and Noche, Civ. Pro.
and Noche, Civ. Pro. Annotated, Vol. 1, 2001 Ed.,
Annotated, Vol. 1, 2001 Ed., p. 626]. Compare with
p. 626]. Compare with Judgment by cognovit
Judgment by confession actionem.
relicta verificatione.
Judgment by consent. Rem.
Judgment by confession. Law. A judgment based on
Rem. Law. One which is an agreement and which
rendered against a party may only be rendered when
upon his petition or consent. the parties on both sides ask
It usually happens when the for it. [Moreno’s Law Dict.,
defendant appears in court 2000 Ed., p. 249].
and confesses the right of
the plaintiff to judgment or Judgment debtor. Rem. Law.
files a pleading expressly One who owes money as a
agreeing to the plaintiff's result of a judgment in favor
demand. [De Ocampo v. of a creditor. [Gacayan v.
Florenciano (1960) 107 Phil. Leaño, GR L-33754. Mar. 28,
37, cited in 1 Moran's 1983].
Comments on the Rules of
Court, p. 640, 1963 Ed]. Judgment for credit. Rem.
Law. A judgment for back
Judgment by confession. rentals, for the purpose of
Rem. Law. Kinds: (a) A applying the legal rate of
judgment by cognovit interest. [Moreno’s Law Dict.,
actionem, and (b) a 2000 Ed., p. 249].
judgment by confession
relicta verificatione. [PNB v. Judgment of conviction.
Manila Oil Refining & By- Requisites: The judgment
607
shall state (a) the legal

qualification of the offense Judgment on plea of
constituted by the acts limitation of action. Rem.
committed by the accused, Law. A judgment on the
and the aggravating or merit bars plaintiff in a
mitigating circumstances subsequent suit on the same
attending the commission, if cause of action. [Moreno’s
there are any; (b) the Law Dict., 2000 Ed., p. 249].
participation of the accused
in the commission of the Judgment on the merits.
offense, whether as Rem. Law. 1. A judgment
principal, accomplice or which determines the rights
accessory after the fact; (c) and liabilities of the parties
the penalty imposed upon based on the disclosed facts,
the accused; and (d) the civil irrespective of formal,
liability or damages caused technical or dilatory
by the wrongful act to be objections. It is not
recovered from the accused necessary, however, that
by the offended party, if there should have been a
there is any, unless the trial. If the judgment is
enforcement of the civil general, and not based on
liability by a separate action any technical defect or
has been reserved or objection, and the parties
waived. [People v. Valeriano, had a full legal opportunity
GR 103604-05. Sep. 23, to be heard on their
1993]. respective claims and
contentions, it is on the
Judgment of nonsuit. Rem. merits although there was
Law. A judgment given no actual hearing or
against plaintiff when he is arguments on the facts of
unable to prove a case, or the case. [Mendiola v. CA,
when he refuses or neglects GR 122807. July 5, 1996]. 2.
to proceed to trial and A judgment which amounts
leaves the issue to a declaration of the law as
undetermined. In our to the respective rights and
jurisdiction, a declaration of duties of the parties, based
nonsuit necessarily involves upon the ultimate fact or
the rendition of a final order state of facts disclosed by
or judgment which the pleadings and evidence,
terminates plaintiff's cause and upon which the right of
of action or right of recovery recovery depends,
under his complaint which is irrespective of formal,
thereby dismissed. [BA technical or dilatory
Finance Corp. v. Co, GR objection or contentious
105751. June 30, 1993]. [Amer. Inter-Fashion Corp. v.
608
OP, GR 92422. May 23, (1990) citing Binamira v.

1991, citing Vicente J. Ogan-Occena, 148 SCRA 677
Francisco, Rev. Rules of (1987)]. Compare with
Court, Vol. II, pp. 841-842]. Judgment upon
See Adjudication on the confession.
merits.
Judgment upon confession.
Judgment on the Rem. Law. A judgment which
pleadings. Rem. Law. A is rendered against a party
judgment which the court, upon his petition or consent.
on motion of the adverse It usually happens when the
party, may direct on such defendant appears in court
party’s pleading where an and confesses the right of
answer fails to tender an the plaintiff to judgment or
issue, or otherwise admits files a pleading expressly
the material allegations of agreeing to the plaintiff's
the adverse party's pleading. demand. [De Ocampo v.
However, in actions for Florenciano (1960) 107 Phil.
declaration of nullity of 37, cited in 1 Moran's
marriage or for legal Comments on the Rules of
separation the material facts Court, p. 640, 1963 Ed.;
alleged in the complaint Acenas v. Sison, GR L-17011,
shall always be proved. [Sec. 30 Aug. 1963]. Compare
1, Rule 34, RoC]. with Judgment upon
compromise.
Judgment rendered
through negligence. Crim. Judicial admission. An
Law. The felony committed admission, verbal or written,
by any judge who, by reason made by a party in the
of inexcusable negligence or course of the proceedings in
ignorance shall render a the same case, not requiring
manifestly unjust judgment proof and may be
in any case submitted to him contradicted only by
for decision. [Art. 205, RPC]. showing that it was made
through palpable mistake or
Judgment upon a that no such admission was
compromise. Rem. Law. A made. [Sec. 4, Rule 129,
judgment embodying a RoC]. Compare with Extra-
compromise agreement judicial admission.
entered into by the parties in
which they make reciprocal Judicial and Bar Council
concessions in order to (JBC). A body created under
terminate a litigation already the supervision of the
instituted. [United Housing v. Supreme Court, composed of
Dayrit, 181 SCRA 285, 293 the Chief Justice as ex officio
609
Chairman, the Sec. of Compilation of Notes, 2001-

Justice, and representatives 2006]. Compare with Extra-
of the Congress as ex officio judicial confession.
Members, a representative
of the Integrated Bar, a Judicial confirmation of
professor of law, a retired incomplete or imperfect
Member of the Supreme title. The only legal method
Court, and a representative by which full and absolute
of the private sector. It has title to the land may be
the principal function of granted, to convert the land
recommending appointees into a truly private land. To
to the judiciary. [Sec. 8, Art. secure such judicial title,
VIII, 1987 Phil. Const.]. only the courts can be
resorted to. [Meralco v.
Judicial authority. The Castro-Bartolome, GR
courts of justice or judges of 49623; Rep. v. Villanueva,
said courts vested with GR 55289, June 29, 1982].
judicial power to order the
temporary detention or Judicial costs. The statutory
confinement of a person allowances to a party to an
charged with having action for his expenses
committed a public offense, incurred in the action, and
that is, “the Supreme Court having reference only to the
and such inferior courts as parties and to the amounts
may be established by law." paid by them. [Damasen v.
[Sayo v. Chief of Police, GR Hernando, GR L-49995. Apr.
L-2128. May 12, 1948, citing 8, 1981, citing Ballentine
Art. 125, RPC]. Law Dict., 1948 Ed.].
Judicial compensation. This Judicial decisions. Decisions

takes place when the court of the Supreme Court which
permits the counterclaim of apply or interpret the
the defendant as against the Constitution or the laws and
claim of the plaintiff. [Torres, are part of the legal system
Oblig. & Cont., 2000 Ed., p. of the Philippines. Though
141]. not laws, they are
nonetheless evidence of
Judicial confession. A what the laws mean, and it
confession made by the is for this reason that they
accused before a court in are part of the legal system
which the case is pending of the Philippines. [Columbia
and in the course of legal Pictures v. CA, GR 110318.
proceedings therein and, by Aug. 28, 1996, citing Paras,
itself, can sustain a Civil Code of the Phil.
conviction. [Claridades, A., Annotated, 12th Ed., 57].
610
hearing. [Cruz, Constl. Law,

Judicial decree. A decree 1998 Ed., p. 108, citing,
issued and entered by the Banco Español v. Palanca, 37
Commissioner of Land Phil. 921]. Compare with
Registration, pursuant to an Administrative due
order of the court rendered process.
by the court in a registration
case has become final. It is Judicial function. The faculty
also called Decree of of receiving evidence and
Registration. [Moreno’s making factual conclusions
Law Dict., 2000 Ed., p. 250]. in a controversy which must
be accompanied by the
Judicial deposit or authority of applying the law
sequestration. It takes to those factual conclusions
place when an attachment to the end that the
or seizure of property in controversy may be decided
litigation is ordered. [Art. or determined
2005, CC]. authoritatively, finally and
definitively, subject to such
Judicial discretion. The appeals or modes of review
exercise of the judge's as may be provided by law.
individual opinion and the [Cariño v. CHR, GR 96681.
law has wisely provided that Dec. 2, 1991].
its exercise be guided by
well-known rules which, Judicial inquiry. Requisites:
while allowing the judge (a) That the question must
rational latitude for the be raised by the proper
operation of his own party; (b) that there must be
individual views, prevent an actual case or
them from getting out of controversy; (c) that the
control. [Basco v. Rapatalo, question must be raised at
AM RTJ-96-1335. Mar. 5, the earliest possible
1997]. opportunity; and, (d) that the
decision on the
Judicial due process. constitutional or legal
Requisites: (a) There must question must be necessary
be a court of tribunal clothed to the determination of the
with the power to hear and case itself. [Cruz, Phil. Pol.
determine the matter before Law, 1991 ed., p. 235;
it; (b) jurisdiction shall have Dumlao v. Comelec, GR
been lawfully acquired; (c) 50245, 22 Jan. 1980, 95
the defendant shall have an SCRA 392]. See also Judicial
opportunity to be heard; and review, power of.
(d) judgment shall be
rendered upon lawful
611
Judicial mistake. A mistake legally demandable and

committed by the court in enforceable, and to
trial. [Moreno’s Law Dict., determine whether or not
2000 Ed., p. 251]. there has been a grave
abuse of discretion
Judicial notice. Cognizance amounting to lack or excess
of certain facts which the of jurisdiction on the part of
courts may properly take any branch or
and act upon without proof. instrumentality of the
They are based on government [Sec. 1, Par. 2,
considerations of expediency Art. VII, 1987 Phil. Const.].
and convenience.
[Claridades, A., Compilation Judicial process. A writ,
of Notes, 2001-2006]. warrant, subpoena, or other
formal writing issued by
Judicial notice. Requisites: authority of law; also the
(a) The matter must be one means of accomplishing an
of common and general end, including judicial
knowledge; (b) it must be proceedings, or all writs,
well and authoritatively warrants, summonses, and
settled and not doubtful or orders of courts of justice or
uncertain; and (c) it must be judicial officers. It is likewise
known to be within the limits held to include a writ,
of the jurisdiction of the summons, or order issued in
court. [State Prosecutors v. a judicial proceeding to
Muro, AM RTJ-92-876. Sep. acquire jurisdiction of a
19, 1994, citing 20 Am. Jur., person or his property, to
Evidence, Sec. 17, 48]. expedite the cause or
enforce the judgment, or a
Judicial officer. A writ, warrant, mandate, or
magistrate. The terms other process issuing from a
“magistrate” and “judicial court of justice. [Malaloan v.
officer” have been used CA, 232 SCRA 249, 257
interchangeably. [Moreno’s (1994)].
Law Dict., 2000 Ed., p. 251].
Judicial question. A question
Judicial period. The period is that is to be passed upon by
fixed by the courts. [Diaz, courts of justice which are
Bus. Law Rev., 1991 Ed., p. manned by judges who have
16]. the necessary skill and
competence to resolve it.
Judicial power. The duty of Thus, an administrative,
the Courts of Justice to settle quasi-judicial agency is
actual controversies generally not empowered to
involving rights which are adjudicate purely judicial
612
questions. [Moreno’s Law importance in the

Dict., 2000 Ed., pp. 251- administration of justice that
252]. the judgment of a court of
competent jurisdiction may
Judicial recognition. See not be opened, modified, or
Compulsory recognition vacated by any court of
of natural children. concurrent jurisdiction. [Rep.
Compare with Voluntary v. Reyes, 155 SCRA 313
recognition of natural (1987), citing 30-A Am Jur
children. 605].
Judicial review. The Judicial supremacy

authority of a court to review doctrine. 1. The power
the official actions of other vested in the judiciary to
branches of government. annul the acts of either the
Also, the authority to declare legislative or the executive
unconstitutional the actions or of both when not
of other branches. [Glossary conformable to the
of Legal Terms (Pro-Se), fundamental law. [Assoc. of
2004]. Small Landowners in the
Phil. v. Sec. of Agrarian
Judicial review, power of. Reform, 175 SCRA 343]. 2.
Requisites: (a) The existence The power of judicial review
of an actual and appropriate under the Constitution.
case; (b) a personal and [Angara v. Electoral Comm.,
substantial interest of the GR 45081. July 15, 1936].
party raising the
constitutional question; (c) Judiciary. The branch of
the exercise of judicial government invested with
review is pleaded at the judicial power to interpret
earliest opportunity; and (d) and apply the law; the court
the constitutional question is system; the body of judges;
the lis mota of the case. [Luz the bench. [Glossary of Legal
Farms v. Sec. of the DAR, Terms (Pro-Se), 2004].
192 SCRA 51 (1990); Dumlao
v. Comelec, 95 SCRA 392 Judiciary Reorganization
(1980); People v. Vera, 65 Act of 1980, The. BP 129
Phil. 56 (1937)]. See also entitled “An Act reorganizing
Judicial inquiry. the judiciary, appropriating
funds therefor, and for other
Judicial stability doctrine. purposes” enacted on Aug.
The doctrine of non- 14, 1981.
interference which has been
regarded as an elementary Judicis est jus dicere, non
principle of higher dare. Lat. It is the duty of a
613
judge to declare the law, not position. [Black’s Law Dict.,

to make it. [Moreno’s Law Abr. 5th Ed. (1983), p. 442].
Dict., 2000 Ed., p. 252].
Junior encumbrancer. A lien
Judicium non debet esse or mortgage holder who is
illusorium; suum subordinate to a prior holder
effectum habere debet. or encumbrancer.
Lat. A judgment ought not to [Claridades, A., Compilation
be illusory; it ought to have of Notes, 2001-2006].
its proper effect. [PAL v. CA, Compare with Senior
GR 49188. Jan. 30, 1990]. encumbrancer.
Jueteng. An illegal numbers Junior lien. Lien which is

game that involves the subordinate to prior lien.
combination of thirty-seven [Black’s Law Dict., Abr. 5th
(37) numbers against thirty- Ed. (1983), p. 442]. Compare
seven (37) numbers from with Senior lien.
number one (1) to thirty
seven (37) or the Junior mortgage. A
combination of thirty-eight mortgage which is
(38) numbers in some areas, subordinate to another
serving as a form of local mortgage, called the priority
lottery where bets are or prior mortgage. [Black’s
placed and accepted per Law Dict., Abr. 5th Ed. (1983),
combination, and its p. 442]. Compare with
variants. [Sec. 2, RA 9287]. Senior mortgage.
Jugadores. Sp. Gamblers. [US Jura regalia. Lat. 1. A

v. Salaveria, GR 13678. Nov. concept which "embodied
12, 1918]. the universal feudal theory
that all lands were held from
Jumbo regular and special. the Crown." [Lee Hong Hok
A kind of sparkler similar to a v. David, L-30389, Dec. 27,
"fountain" but bigger in size. 1972]. 2. The concept that
[Sec. 2, RA 7183]. all natural resources are
owned by the State. [Miners
Jumper. A piece of metal or Assoc. of the Phil. V.
an electrical conductor used Factoran, GR 98332. Jan. 16,
to bypass a safety device in 1995].
an electrical system. [Sec. 3,
PD 1185]. Jurat. 1. The clause written at
the foot of an affidavit or
Junior. Younger. Lower in sworn declaration showing
rank, tenure, preference, or when, where, and before
whom the affidavit was
614
sworn. [Peña, Legal Forms obligation. [Torres, Oblig. &

for Conveyancing, 4th Ed. Cont., 2000 Ed., p. 24].
1994, p. 39]. 2. Certificate of
person and officer before Juridical persons. The
whom a writing is sworn to. following are juridical
[Glossary of Legal Terms persons: (a) The State and
(Pro-Se), 2004]. its political subdivisions; (b)
other corporations,
Jure. Lat. From Roman law: by institutions and entities for
right, under legal authority public interest or purpose,
or by the authority of the created by law; their
law. A variation, juris means personality begins as soon
“of right" or "of the law." as they have been
[Duhaime's Legal Dict., constituted according to law;
2004]. and (c) corporations,
partnerships and
Jure gestionis. Lat. Private associations for private
act or acts. [Claridades, A., interest or purpose to which
Compilation of Notes, 2001- the law grants a juridical
2006]. personality, separate and
distinct from that of each
Jure imperii. Lat. Public acts shareholder, partner or
or acts. [Claridades, A., member. [Art. 44, CC].
2006]. Jurisdiction. From Lat. Jus
dicere. The “right to speak.”
Jure naturae acquum est 1. The power and authority
neminem cum alterius to hear, try, and decide a
detrimento et injuria fieri case; it does not depend on
locupletiorem. Lat. No one the regularity of the exercise
shall enrich himself at the of that power. [Herrera v.
expense of another. Barreto, 25 Phil. 245 (1913);
[Moreno’s Law Dict., 2000 Century Ins. v. Fuentes, 2
Ed., p. 252]. SCRA 1168 (1961)]. 2. The
power or authority of a court
Juridical capacity. The to hear and try a case; the
fitness to be the subject of geographic area in which a
legal relations. [Art. 37, CC]. court has power or the types
Compare with Capacity to of cases it has power to
act. hear. [Glossary of Legal
Terms (Pro-Se), 2004]. 3.
Juridical or legal tie. The International Law. The right
vinculum or the link which of a State to exercise
binds the parties to an authority over persons and
things within its boundaries
615
subject to certain
exceptions. Thus, a State Jurisdiction over the
does not assume jurisdiction person of the defendant.
over traveling sovereigns, Jurisdiction acquired (by the
ambassadors and diplomatic court) through the following
representatives of other means: voluntary
States, and foreign military appearance; personal or
units stationed in or substituted service of
marching through State summons. [Paras, Phil.
territory with the permission Conflict of Laws, 8th Ed.
of the latter's authorities. (1996), p. 28, citing Rule 14,
[Hongkong & Shanghai RoC].
Banking Corp. v. Sherman,
GR 72494. Aug. 11, 1989, Jurisdiction over the
citing J. Salonga, Private Intl. person of the plaintiff.
Law, 1981, pp. 37-38]. Jurisdiction acquired (by the
Compare with Venue. court) from the moment he
(the plaintiff) institutes the
Jurisdictional facts. Those action by the proper
facts which would give the pleading. [Paras, Phil.
court jurisdiction over the Conflict of Laws, 8th Ed.
proceedings, such as (1996), p. 27, citing Manila
residence of the minor or Railroad v. Atty. Gen., 20
incompetent, or the location Phil. 523].
of his property, or the
residence of the person Jurisdiction over the res or
desiring to adopt. [Moreno’s thing. Jurisdiction over the
Law Dict., 2000 Ed., p. 253]. particular subject matter in
controversy, regardless of
Jurisdiction, exercise of. the persons who may be
The decision of all other interested thereon. Said
questions arising in the case jurisdiction may for instance
where there is jurisdiction of be acquired by coercive
the person and subject seizure of the property by
matter. [Herrera v. Baretto, attachment proceedings.
GR 8692. Sep. 10, 1913]. [Paras, Phil. Conflict of Laws,
8th Ed. (1996), p. 29, citing
Jurisdiction over the Banco Español v. Palanca, 37
person. The power of a Phil. 921; Bernabe v.
court to render judgment Vergara, 73 Phil. 676].
that will be binding on the
parties involved, the plaintiff Jurisdiction over the
and the defendant. [Paras, subject-matter. The power
Phil. Conflict of Laws, 8th Ed. to hear and determine cases
(1996), p. 27]. of the general class to which
616
the proceedings in question [Duhaime's Legal Dict.,

belong. [Reyes v. Diaz, GR 2004].
48754. Nov. 26, 1941, citing
CJS, p. 36]. Jus abutendi. Lat. The right
to consume the thing by its
Juris et de jure. Lat. use. [Claridades, A.,
Conclusive. [Pakistan Intl. Compilation of Notes, 2001-
Airlines v. Ople, GR 61594. 2006].
Sep. 28, 1990].
Jus ad bellum. Lat. The right
Jurisprudence. 1. Science of to initiate war. The rights of
law. Case law, or the legal states to start wars. [Intl.
decisions which have Law Dict. & Direct., 2004].
developed and which
accompany statutes in Jus ad rem. Lat. A real right.
applying the law against [Moreno’s Law Dict., 2000
situations of fact. 2. The Ed., p. 253].
study of law and the
structure of the legal Jus alienis rebus utendi
system. [Glossary of Legal fruendi salva rerum
Terms (Pro-Se), 2004]. substantia. Lat. The right
to enjoy the property of
Jurisprudence constante. In another with the obligation
civil law, a settled, fixed or of preserving its form and
invariable principle of law. substance. [Vda. De Barreto
[Moreno’s Law Dict., 2000 v. Mapa, GR 45475. Nov. 16,
Ed., p. 253]. 1937].
Juris tantum. Lat. Jus civile. Lat. Civ. Law. The

Disputable. [Farolan v. Roman law applied to
Solmac Marketing Corp., GR Roman citizens. [Intl. Law
83589. Mar. 13, 1991]. Dict. & Direct., 2004].
Jury. A certain number of men Jus cogens. Lat. Intl. Law. A

and women selected peremptory norm of general
according to law and sworn international law accepted
to try a question of fact or and recognized by the
indict a person for public international community as
offense. [Jurist’s Legal Dict., whole as a norm from which
2004]. no derogation is permitted
and which can be modified
Jus. Lat. Word which, in only by a subsequent norm
Roman law, means the law of general international law
or a right. Also spelled Jus in having the same character.
some English translations.
617
[Sandoval, Pol. Law Reviewer dealings between Romans

2003]. and non-Romans. [Intl. Law
Dict. & Direct., 2004].
Jus commune. Lat. The
common right. Law based on Jus gestionis. Lat.
Roman law, canon law, and Proprietary rights exercised
the interpretations of by the State. [Rep. v.
glossators and Sandiganbayan, GR 90478.
commentators, and common Nov. 21, 1991.]
to Europe at the beginning of
the Renaissance. [Intl. Law Jus imperii. Lat. The right of
Dict. & Direct., 2004]. eminent domain exercised
by the State. [Rep. v.
Jus contra bellum. Lat. Law Sandiganbayan, GR 90478.
on the prevention of war. Nov. 21, 1991].
[Dean Tupaz, 24 Hours
Before the Bar (1st Ed. 2005), Jus in bello. Lat. The law
p. 91]. during war. The law
regulating combat or the
Jus dare. Lat. To make law or waging of war. [Intl. Law
give law. [Office of Court Dict. & Direct., 2004].
Admin. V. Pascual, AM MTJ-
93-783. July 29, 1996]. Jus in re. Lat. A real right.
Jus dicere. Lat. To interpret Ed., p. 254].
the law. [Office of Court
Admin. V. Pascual, AM MTJ- Jus in re aliena. Lat. Right in
93-783. July 29, 1996]. the property of another
person. [Gabuya v. Cruz, 38
Jus disponendi. Lat. Right to SCRA 98].
dispose. [Claridades, A.,
Compilation of Notes, 2001- Jus luminum. See Easement
2006]. of light.
Jus fruendi. Lat. Right to Jus naturale. Lat. Natural

receive the fruits. law. Law inherent in nature
[Claridades, A., Compilation that may be ascertained by
of Notes, 2001-2006]. reason. [Intl. Law Dict. &
Direct., 2004].
Jus gentiun. Lat. Law of
nations. [Co Cham v. Tan Jus possessionis. Lat. Right
Keh, GR L-5. Sep. 17, 1945]. of possession. [Claridades,
The Roman law applied to A., Compilation of Notes,
dealings between non- 2001-2006].
Romans as well as to
618
Jus possidendi. Lat. Right to Jus spatiandi et manendi.

possess. [Claridades, A., Lat. Referring to a legal right
Compilation of Notes, 2001- of way, and to enjoyment,
2006]. granted to the public but
only for the purposes of
Jus postlimini doctrine. The recreation or education,
doctrine holding that when a such as upon parks or public
territory has been occupied squares. Very similar to an
by the enemy comes again easement of which some
into the power of the state courts have said a jus
during the progress of a war spatiandi is a special type.
through conquest or [LawInfo Legal Dictionary
otherwise, the legal state of (2005)].
the things existing prior to
the hostile occupation is re- Jus spillitiendi. Lat. Apparent
established. [Suarez, Pol. easements. [Cortes v. Yu-
Law Reviewer, 1st Ed., 2002, tibo, GR 911. Mar. 12, 1903].
p. 36, citing Aruego, Intl.
Law]. Jus summi imperu. Lat. The
absolute right to govern.
Jus projitiendi. Lat. [Frivaldo v. Comelec, GR
Continuous easements. 120295. June 28, 1996].
[Cortes v. Yu-tibo, GR 911.
Mar. 12, 1903]. Jus suum quique tribuere.
Lat. To render to every man
Jus sanguinis doctrine. The his due. [In re: Jurado, AM
principle adhered to by the 93-2-037 SC. Apr. 6, 1995].
Philippine law on citizenship
under which a child follows Just. A very short time ago.
the nationality or citizenship [Umil v. Ramos, GR 81567.
of the parents regardless of Oct. 3, 1991].
the place of his/her birth.
[Claridades, A., Compilation Just-cause dismissal. Labor.
of Notes, 2001-2006]. A form of termination usually
initiated by the employer,
Jus soli doctrine. The where the latter is not
principle under which the legally bound to pay
nationality or citizenship of a separation pay. [Poquiz,
child is determined on the Labor Rel. Law, 1999 Ed. p.
basis of the place of his/her 349].
birth. [Claridades, A.,
Compilation of Notes, 2001- Just compensation. The full
2006]. and fair equivalent of the
property sought to be
expropriated. The measure
619
is not the taker's gain but help in ending the

the owner's loss. The controversy. A doubt
compensation, to he just, becomes a justiciable
must be fair not only to the controversy when it is
owner but also to the taker. translated into a claim of
Even as undervaluation right which is actually
would deprive the owner of contested. [ Intl. Hardwood
his property without due v. UP, GR 52518. Aug. 13,
process, so too would its 1991].
overvaluation unduly favor
him to the prejudice of the Justifying circumstances.
public. [Berkenkotter v. CA, Those circumstances
GR 89980. Dec. 14, 1992]. wherein the acts of the actor
are in accordance with law
Just debts. Those claims the and hence, he incurs no
existence and justness of criminal and civil liability.
which are admitted by the [Gregorio, Fund. of Crim.
debtor. [Uy v. Magallanes, Law Rev., 1997 9th Ed., p.
Jr., AM P-00-1421, Apr. 11, 51].
2002].
Justitia est constans et
Justice. Fairness. A state of perpetua voluntas jus
affairs in which conduct or suum cuique tribuendi.
action is both fair and right, Lat. Justice is a constant and
given the circumstances. In perpetual determination to
law, it more specifically render to everyone what is
refers to the paramount due him. [Moreno’s Law
obligation to ensure that all Dict., 2000 Ed., p. 254].
persons are treated fairly.
[Duhaime's Legal Dict., Justitia nemini neganda
2004]. est. Lat. Justice is to be
denied to none. [Phil.
Justiciable. Issues and claims Geothermal. Inc. v. NLRC,
capable of being properly 236 SCRA 371 (1994)].
examined in court. [Glossary
of Legal Terms (Pro-Se), Just title. That which is
2004]. legally sufficient to transfer
the ownership or the real
Justiciable controversy. An right to which it relates.
actual controversy, or the [Tolentino, Civil Code of the
ripening seeds of one which Phil., Vol. II, Repr. 2001, p.
exists between the parties, 283-284, citing 4 Manresa
all of whom are sui juris and 245-246; 248].
before the court, and that
the declaration sought will
620
Jus utendi. Lat. The right to Kaliwaan. Tag. 1.

receive from the thing what Simultaneous giving of
it produces. [Claridades, A., market money by the
Compilation of Notes, 2001- poseur-buyer and handing
2006]. over of the drugs by the
pusher. [People v. Ponsica,
Jus vindicandi. Lat. The right GR 108176. Feb. 14, 1994].
to recover. [Suarez, Intro. to 2. Simultaneous delivery of
Law, 1995 3rd Ed., p. 83]. the object and the
consideration therefor.
Jus vitae ac necis. Lat. The [Claridades, A., Compilation
right of life and death. of Notes, 2001-2006].
[Espiritu v. Ca, GR 115640.
Mar. 15, 1995]. Kasama. Tag. Tenant, not
worker or laborer. [Delos
Reyes v. Espineli, GR L-
28280-81. Nov. 28, 1969].
Katarungang
Pambarangay. Also
Barangay Justice. The
barangay conciliation system
established under PD 1508
and continued under the RA
7160 (Local Government
Code of 1991).
Katuwaan. Tag. Pure deviltry.

-K- Ed., p. 255].
Kadyut lang. Vis. For a Keeper, watchman and

moment. [People v. Lo-ar, visitor of opium den.
GR 118935. Oct. 6, 1997]. Crim. Law. The felony
committed by: 1. anyone
Kaingin. A portion of the who shall act as a keeper or
forest land, whether watchman of a dive or resort
occupied or not, which is where any prohibited drug is
subjected to shifting and/or used in any manner contrary
permanent slash-and-burn to law; and 2. any person
cultivation having little or no who, not being included in
provision to prevent soil the provisions of Art. 190 of
erosion. [Sec. 3, PD 705]. the Rev. Penal Code, shall
knowingly visit any dive or
resort of the character
621
referred to therein. [Art. 191, liberty: (a) if the kidnapping

RPC]. or detention shall have
lasted more than five days;
Kelvin. The base unit of the (b) if it shall have been
thermodynamic temperature committed simulating public
which is the fraction authority; (c) if any serious
1/273.16 of the physical injuries shall have
thermodynamic temperature been inflicted upon the
of the triple point of water. person kidnapped or
[Sec. 4, BP 8]. detained; or if threats to kill
him shall have been made;
Kidnapping. The unlawful or (d) if the person
and carrying away of a kidnapped or detained shall
human being by force and be a minor, female or a
against his will. [Jurist’s public officer. The penalty
Legal Dict., 2004]. shall be death where the
kidnapping or detention was
Kidnapping and failure to committed for the purpose
return a minor. Crim. Law. of extorting ransom from the
The felony committed by any victim or any other person,
person who, being entrusted even if none of the
with the custody of a minor circumstances above-
person, shall deliberately fail mentioned were present in
to restore the latter to his the commission of the
parents or guardians. [Art. offense. [Art. 267, RPC].
270, RPC].
Kilberg doctrine. Conf. of
Kidnapping and failure to Laws. A rule to the effect
return a minor. Elements: that the forum is not bound
(a) The offender has been by the law of the place of
entrusted with the custody injury or death as to the
of the minor, and (b) the limitation on damages for
offender deliberately fails to wrongful act because such
restore said minor to his rule is procedural and hence
parents or guardians. the law of the forum governs
[People v. Ty, GR 121519. on this issue. [Agpalo,
Oct. 30, 1996]. Conflict of Laws, p. 6].
Kidnapping and serious Killing under exceptional

illegal detention. Crim. circumstances. Requisites:
Law. The felony committed (a) That a legally married
by any private individual person or a parent surprises
who shall kidnap or detain his spouse or his daughter,
another, or in any other the latter under 18 years of
manner deprive him of his age and living with him, in
622
the act of committing sexual which refers to the closest

intercourse with another relative. [Claridades, A.,
person; (b) that he or she Compilation of Notes, 2001-
kills any or both of them or 2006].
inflicts upon any or both of
them any serious physical Kinakapatid. Tag.
injury in the act or Godbrother. [Cuison v. CA,
immediately thereafter; (c) GR 88539. Oct. 26, 1993].
that he has not promoted or
facilitated that prostitution Kind. The term denotes a
of his wife or daughter, or grouping, a class, grade, or
that he or she has not genus and encompasses
consented to the infidelity of several objects or materials
the other spouse. [People v. with similar traits or
Gelaver, GR 95357. June 9, characteristics. [People v.
1993, citing II Reyes, The Torres, GR 111289. Aug. 11,
Rev. Penal Code, 12th Ed., 1995].
pp. 452-453].
Kinilaw. Tag. Raw fish salad.
Kiln-drying. A process by [People v. Carcedo, GR
which the moisture content 48085. June 26, 1991].
of the lumber is reduced to
prevent the wood from Kiskisan. Tag. Ricemill. [Vda.
warping. [Moreno’s Law De Limjoco v. Dir. of
Dict., 2000 Ed., p. 256]. Commerce, GR L-17640.
Nov. 29, 1965].
Kilogram. The base unit of
mass which is equal to the Kite. 1. n. A check drawn
mass of the international against uncollected funds in
prototype of the kilogram, a bank account. [Perez v.
made of platinum-iridium, People, GR L-43548. June 29,
the standard of which is kept 1981, citing Merriam-
at the Bureau of Webster's 3rd Intl. Dict.]. 2. v.
International Weights and To secure the temporary use
Measures at Sevres, France. of money by issuing a
[Sec. 4, BP 8]. negotiating worthless paper
and then redeeming such
Kilometer. A linear measure paper with the proceeds of
equivalent to 062 miles, similar paper, ad infinitum.
under metric system. [Ballentine's Law Dict. See
[Moreno’s Law Dict., 2000 Associated Citizens Bank v.
Ed., p. 256]. Ople, L-48896, Feb. 24,
1981).
Kin. A blood or marriage
relative; as in Next of kin,
623
Know-how. (A word of that is, knowing it to be

American origin that has unjust. [Annotation:
now been adopted as a term Malfeasance and
of art in many languages.) Misfeasance of Judges
Practical expertise acquired (Knowingly Rendering Unjust
from study, training, and Judgment), 55 SCRA 308,
experience. [Intl. Law Dict. & 313-314].
Direct., 2004].
Knowledge. A mental state
Knowingly. 1. Consciously, of awareness about a fact.
intelligently, willfully, or [Dizon-Pamintuan v. CA, GR.
intentionally. [Urada v. 111426. July 11, 1994].
Mapalad, AM MTJ-91-622.
Mar. 22, 1993, citing Black's Knowledge of a particular
Law Dict., 5th Ed., 784]. 2. fact. Cognizance,
With knowledge, willfully or consciousness or awareness
intentionally with respect to of a particular fact, or
a material element of an awareness of the existence
offense. [Jurist’s Legal Dict., of something, or
2004]. acquaintance with facts, or
having something within the
Knowingly rendering mind's grasp with certitude
unjust judgment. Crim. and clarity. [Dizon-
Law. The felony committed Pamintuan v. CA, GR.
by any judge who shall 111426. July 11, 1994].
knowingly render an unjust
judgment in any case Kristo. Tag. Cockpit bet
submitted to him for caller. [People v. Ganzagan,
decision. [Art. 204, RPC]. Jr. GR L-113793. Aug. 11,
1995].
Knowingly rendering an
unjust judgment. Crim. Kulafo. A local wine. [People
Law. Elements: (a) The v. Buyok, GR 109771. Aug.
offender is a judge; (b) he 25, 1994].
renders a judgment in a case
submitted to him for Kulam. Tag. 1. A curse.
decision; (c) the judgment is [People v. Oliquino, GR
unjust; and, (d) the judge 94703. May 31, 1993]. 2.
knows that his judgment is Witchcraft, sorcery. [People
unjust [Reyes, The Rev. v. Sario, GR L-20754 & L-
Penal Code (1977), Bk. II, p. 20759. June 30, 1966].
340]. The gist of the offense
therefore is that an unjust Kulang sa isip. Tag.
judgment be rendered Suffering from mental
maliciously or in bad faith,
624
deficiency. [People v. Pamor,

GR 108599. Oct. 7, 1994].
Kwitis. See Sky rocket.
-L-
Label or labeling. The
display of written, printed or
graphic matter on any
consumer product its
immediate container, tag,
literature or other suitable
material affixed thereto for
the purpose of giving
information as to identify,
components, ingredients,
attributes, directions for use,
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. [Olarte, Legal
st
Med., 1 Ed. (2004), p. 123].

625
Labo doctrine. Election Law. agricultural or non

The rule (declared by the agricultural: (a) unfair labor
Supreme Court in the case of practice cases; (b)
Labo v. Comelec, GR unresolved cases in
105111. July 3, 1992) that collective bargaining,
“the ineligibility of a including those which
candidate receiving majority involve wages, hours of work
of votes does not entitle the and other terms and
eligible candidate receiving conditions of employment;
the next highest number of and (c) all other cases
votes to be declared elected. arising from employer-
A minority or defeated employee relations duly
candidate cannot be deemed indorsed by the Regional
elected to the office.” In Directors in accordance with
other words, the votes cast the provisions of the Labor
for an ineligible or Code. [Art. 217, LC].
disqualified candidate
cannot be considered Laboratory equipment. The
“stray.” [Ang Bagong Bayani paraphernalia, apparatus,
–OFW Labor Party v. materials or appliances
Comelec, GR 147589, June when used, intended for use
25, 2003]. Compare with or designed for use in the
Grego doctrine. manufacture of any
dangerous drug and/or
Labor. Physical toil, although controlled precursor and
it does not necessarily essential chemical, such as
exclude the application of reaction vessel,
skill, thus there is skilled and preparative/purifying
unskilled labor. [Azucena, equipment, fermentors,
The Labor Code with separatory funnel, flask,
Comments and Cases, 4th Ed. heating mantle, gas
1999, p. 8]. generator, or their
substitute. [Sec 3, RA 9165].
Labor administration. Cases
where farm workers are Labor Code of the
employed wholly in the Philippines. PD 442 entitled
agricultural production. [Sec. “A Decree instituting a Labor
166, RA 3844]. Code, thereby revising and
consolidating labor and
Labor Arbiter. The social laws to afford
government official which protection to labor, promote
has the exclusive jurisdiction employment and human
to hear and decide the resources development and
following cases involving all ensure industrial peace
workers, whether based on social justice”
626
signed into law on May 1, business of the employer.

1974 and took effect on Nov. Any reference to the person
1, 1974. dependent on him, is defined
in Act No. 3428, as
Labor dispute. Controversy amended, if the context so
concerning the association requires, or, if the employee
or representation of persons is a minor or incapacitated,
in negotiating, fixing, to his guardian or nearest of
maintaining, changing or kin. [Sec. 39 [b], Act 3428,
seeking to arrange terms or as amended by RA 722].
conditions of employment,
regardless of whether the Labor in hooking. The term
disputants stand in the can consist only of attaching
proximate relation of the hook of the derrick's
employer and employee. boom to the sling or net
[Sec. 2(j), RA 875]. holding a cargo in order that
said cargo may be lifted into
Labor dispute. Also known the carrying vessel. The
as Industrial dispute. Any "labor in hooking" could then
controversy or matter conceivably require the
concerning terms or services of one person to do
conditions of employment or the attaching of the hook to
the association or the net or sling. [First
representation of persons in Plywood Corp. v. CA, GR
negotiating, fixing, 84460. Nov. 13, 1992].
maintaining, changing or
arranging the terms and Labor legislation. Statutes,
conditions of employment, regulations and
regardless of whether or not jurisprudence governing the
the disputants stand in the relations between capital
proximate relation of and labor, by providing for
employers and employees. certain employment
[Art. 212 (1), LC]. standards and a legal
framework for negotiating,
Laborer. A synonym of adjusting and administering
Employee. Every person those standards and other
who has entered the incidents of employment.
employment of, or works [Azucena, The Labor Code
under a service or with Comments and Cases,
apprenticeship contract for Vol. 1, 4th Ed. 1999, p. 7].
an employer. It does not
include a person whose Labor-management
employment is purely casual committee. A negotiating
and is not for the purposes body in a business
of the occupation or enterprise composed of the
627
representatives of labor and collective bargaining or of

management created to dealing with employers
establish a productivity concerning terms and
incentives program, and to conditions of employment.
settle disputes arising [Art. 212, LC].
therefrom in accordance
with Sec. 9 of RA 6971. [Sec. Labor relations. All aspects
4, RA 6971]. of employer-employee
relationship which involve
Labor-only contracting. concerted action on the part
This occurs where the of the workers. It is usually
person supplying workers to associated with all the
an employer does not have ramifications of collective
substantial capital or bargaining and negotiations
investment in the form of and concerted activities such
tools, equipment, as strike, picket, mass leave
machineries, work premises, and the like. [Poquiz, Labor
among others, and the Rel. Law, 1999 Ed. p. 2].
workers recruited and placed
by such person are Labor relations law. The law
performing activities which which defines the status,
are directly related to the rights and duties, and the
principal business of such institutional mechanisms,
employer. In such cases, the that govern the individual
person or intermediary shall and collective interactions of
be considered merely as an employers, employees or
agent of the employer who their representatives.
shall be responsible to the [Azucena, The Labor Code
workers in the same manner with Comments and Cases,
and extent as if the latter Vol. 1, 4th Ed. 1999, p. 7].
were directly employed by
him. [Art. 106, LC]. Compare Labor sector. The industrial
with Job contracting. labor group, which includes
all non-agricultural workers
Labor organization. 1. Any and employees. [Sec. 2, EO
labor union or any auxiliary 198, June 18, 1987].
thereof, such as a
cooperative, a credit union Labor standards. The
and an institution engaged minimum requirements
in research, education or prescribed by existing laws,
communications. [Sec. 2, PD rules, and regulations
823]. 2. Any union or relating to wages, hours of
association of employees work, cost of living
which exists in whole or in allowance and other
part for the purpose of monetary and welfare
628
benefits, including and its members and among

occupational, safety, and the members. [Johnson and
health standards [Maternity Johnson Labor Union-FFW v.
Children's Hospital v. Sec. of Dir. of Labor Rel., GR 76427.
Labor GR 78909. June 30, Feb. 21, 1989].
1989, citing Sec. 7, Rule I,
Rules on the Disposition of Lacerated wound. Tear of
Labor Standards Cases in the the skin due to forcible
Regional Office, dated Sep. contact with a blunt
16, 1987]. instrument. The edges of the
wound are irregular and do
Labor standards law. The not correspond with the
law which sets out the wounding instrument. It is
minimum terms, conditions usually accompanied with
and benefits of employment varying degrees of swelling
that employers must provide and contusion. [Moreno’s
or comply with and to which Law Dict., 2000 Ed., p. 259].
employees are entitled as a
matter of legal right. Laceration. A wound that is
[Azucena, The Labor Code torn rather than cut. It has
with Comments and Cases, rugged, irregular edges and
Vol. 1, 4th Ed. 1999, p. 7]. masses of torn or mashed
tissue underneath. [Moreno’s
Labor statutes. Laws that Law Dict., 2000 Ed., p. 259].
govern the rights and
obligations of employers and Laches. Also known as Stale
employees, providing as well demand. 1. The failure or
for the rules by which such neglect for an unreasonable
rights and obligations may and unexplained length of
be enforced. [Suarez, Stat. time, to do that which, by
Con., (1993), p. 91]. exercising due diligence,
could or should have been
Labor union. A combination done earlier; it is negligence
or association of workers or omission to assert a right
organized for the purpose of within a reasonable time,
securing favorable wages, warranting the presumption
improved labor conditions, that the party entitled to
better hours of labor, etc., assert it either has
and righting grievances abandoned or declined to
against employers. [Black’s assert it. Such neglect or
Law Dict., Abr. 5th Ed. (1983), omission to assert a right
pp. 452-453]. taken in conjunction with the
lapse of time and other
Labor union constitution. A circumstances causing
covenant between the union prejudice to an adverse
629
party, as will operate as a Court) after the plaintiff has

bar in equity. [Heirs of rested his case and can be
Batiog Lacamen v. Heirs of resolved only on the basis of
Laruan 65 SCRA 125 (1975), the evidence he has
Victoriano v. CA, 194 SCRA presented in support of his
19, 24 (1991)]; Jacob v. CA, claim. [Domondon v. Lopez,
224 SCRA 189, 196 (1993)]. AM RTJ-02-1696, June 20,
2. A legal doctrine whereby 2002]. Compare with
those who take too long to Failure to state a cause
assert a legal right, lose their of action.
entitlement to
compensation. [Duhaime's Lack of legal capacity to
Legal Dict., 2004]. sue. The term means either
that the plaintiff does not
Laches. Elements: (a) have the necessary
Conduct on the part of the qualifications to appear in
defendant, or of one under the case, or when he does
whom he claims, giving rise not have the character or
to the situation complained representation which he
of; (b) delay in asserting claims, as, when he is not a
complainant's right after he duly appointed executor or
had knowledge of the administrator of the estate
defendant's conduct and he supports to represent or
after he has an opportunity that the plaintiff is not a
to sue; (c) lack of knowledge corporation duly registered
or notice on the part of the in accordance with law.
defendant that the [Recreation and Amusement
complainant would assert Assoc. of the Phils. v. City of
the right on which he bases Manila, GR L-7922. Feb. 22,
his suit; and (d) injury or 1957, citing I Moran's
prejudice to the defendant in Comments on the RoC, p.
the event relief is accorded 168, 1952 Ed.].
to the complainant.
[Claverias v. Quingco, 207 Lack of personality to sue.
SCRA 66, 83 (1992); 1. It means that plaintiff is
Buenaventura v. CA, 216 not the real party in interest.
SCRA 818, 824 (1992)]. [Casimiro v. Roque, 98 Phil.
880 (1956); Gonzales v.
Lack of cause of action. Alegarbes, 99 Phil. 213
Civ. Pro. The situation where (1956)].
the evidence (which) does
not sustain the cause of Lack of standing. When a
action alleged is raised in a plaintiff is not qualified to
demurrer to evidence under appear before the forum
Rule 33 (of the Rules of
630
court. [Intl. Law Dict. & Española, Vol. XXI, pp. 124
Direct., 2004]. and 125]
Lactation management. Lagumbay doctrine. See

The general care of a Statistical improbability
mother-infant nursing couple doctrine.
during the mother's
prenatal, immediate Laguna Lake. It refers to
postpartum and postnatal Laguna de Bay which is that
periods. It deals with area covered by the lake
educating and providing waters, when it is at the
knowledge and information average annual maximum
to pregnant and lactating lake level of elevation 12.50
mothers on the advantages meters, as referred to a
of breastfeeding, the datum 10.00 meters below
physiology of lactation, the mean lower low water
establishment and (MLLW). Lands located at
maintenance of lactation, and below such elevation are
the proper care of the public lands which form part
breasts and nipples, and of the bed of said lake. [Sec.
such other matters that 29, PD 813].
would contribute to
successful breastfeeding. Lake. 1. An inland body of
[Sec. 3, RA 7600]. water, an expanded part of a
river, a reservoir formed by
Lagay. Tag. Demand for and a dam, or a lake basin
acceptance of "grease intermittently or formerly
money,” a form of graft and covered by water. [Sec. 4,
corruption so common in the RA 8550]. 2. An inland body
application for licenses and of water of considerable size,
permits from the occupying a natural basin or
government. [Antonio v. depression in the earth's
Sandiganbayan, GR L-57937. surface below the ordinary
Oct. 21, 1988]. drainage level of the region,
fed by either surface water
Lagoon. A small lake, or surface streams or by
ordinarily of fresh water, and subterranean streams or
not very deep, fed by floods, springs, and having little or
the hollow bed of which is no current or motion of the
bounded by elevations of waters in any particular
land. [Govt. of the Phil. v. direction. [De Guzman v.
Colegio de San Jose, GR Mun. of Taytay, GR 43626.
30829. Aug. 28, 1929, citing Mar. 7, 1938]. 3. A body of
Enciclopedia Juridica water formed in depressions
of the earth. Ordinarily fresh
631
water, coming from rivers, advance of actual need to

brooks, or springs are promote planned
connected with the sea by development and socialized
them. [Govt. v. Colegio de housing programs. [Sec. 3,
San Jose, 53 Phil. 423 RA 7279].
(1929)].
Land exchange. The process
Lamboid. The line of union or of bartering land for another
seam connecting the piece of land and/or shares
occipetal bones (posterior of stock of equal value in a
part of the skull) and parietal government or quasi-
bones (membrane bones of government corporation.
the roof of the skull). [Sec. 3, PD 1517].
Ed., p. 261]. Landholder-lessor. Any
person, natural or juridical,
Lamparahan. Tag. A either as owner, lessee,
kerosene lamp which gives usufructuary or legal
off sufficient illumination. possessor or agricultural
[People v. Almenario, GR land, who lets, leases or
66420. Apr. 17, 1989]. Also rents to another said
Gasera property for purposes of
agricultural production and
Land. The lot leased by one for a price certain or
who owns the dwelling ascertainable either in an
thereon and used principally amount of money or
for such dwelling and not produce. [Sec. 42, RA 1199].
mainly for business. [Sec. 2, See Tenant-lessee.
RA 6359]. [Sec. 2, RA 6126].
Landing fees. All charges for
Land assembly or the use of any landing strip
consolidation. The or runway by any aircraft
acquisition of lots of varying landing or taking off at the
ownership through purchase airport. [Sec. 3, RA 224].
or expropriation of the
purpose of planned and Landing field. Any locality,
rational development and either on water or on land,
socialized housing programs which is adapted for landing
without individual property and taking-off of aircraft
boundary restrictions. [Sec. located along an airway, and
3, RA 7279]. is intermediate to airports
connected by the airway,
Land banking. The whether or not facilities are
acquisition of land at values provided for the shelter,
based on existing use in servicing, or repair of aircraft
632
or for receiving or The act of planning,

discharging passengers or designing, specifying,
cargo. [Sec. 3, RA 776]. supervising and giving
general administration and
Landlocked state. A state responsible direction to the
that has no seacoast. [Intl. functional, orderly and
Law Dict. & Direct., 2004]. aesthetic arrangement,
changing and development
Landlord. A land or building of natural scenery and land
owner who has leased the areas to produce the most
land, the building or a part of desirable effect for human
the land or building, to use and enjoyment of
another person. [Duhaime's various outdoor spaces
Legal Dict., 2004]. which consist of landscape
components and the
Landowner. Any person who softscape of plants. [Sec. 2,
is an owner, civil law lessee, RA 9053].
usufructuary or legal
possessor of agricultural Land swapping. The process
land. [Moreno’s Law Dict., of land acquisition by
2000 Ed., p. 262]. exchanging land for another
piece of land of equal value,
Land Registration Act. Act or for shares of stock in a
496 which took effect Jan. 1, government or quasi-
1903. [Bagsa v. Nagramada, government corporation
GR 4383. Aug. 31, 1908]. whose book value is of equal
value to the land being
Landscape architect. A exchanged, for the purpose
natural person qualified to of planned and rational
practice Landscape development and provision
Architecture and who has for socialized housing where
been issued a valid land values are determined
certificate of based on land classification,
registration/professional market value and assessed
license and a valid value taken from existing
professional identification tax declarations. [Sec. 3, RA
card as such by the Board of 7279].
Landscape Architecture
created under RA 9053 and Land transportation
the Professional Regulation operator. The owner or
Commission (PRC). [Sec. 2, owners of motor vehicles for
RA 9053]. transportation of passengers
for compensation, including
Landscape architecture, school buses. [Sec. 373, IC].
scope of the practice of.
633
Land use. The manner of itself and supportive of

utilizing the land, including sustainable economic,
its allocation, development demographic, socio-cultural
and management. [Sec. 4, and environmental
RA 8435]. objectives as an aid to
decision-making and
Land use plan. 1. A legislation. [Sec. 4, RA
document embodying a set 8435].
of policies accompanied by
maps and similar Lapsus. Lat. Slip. [Sarmiento
illustrations which represent III v. Mison, GR 79974. Dec.
the community-desired 17,1987].
pattern of population
distribution and a proposal Lapsus calami. Lat. Clerical
for the future allocation of error. [PNB v. De La Vina, GR
land to the various land- L-21640. Aug. 28, 1924].
using activities, in
accordance with the social Lapsus linguae. Lat. Slip of
and economic objectives of the tongue. [Claridades, A.,
the people. It identifies the Compilation of Notes, 2001-
location, character and 2006].
extent of the area's land
resources to be used for Lapsus plumae. Lat. Slip of
different purposes and the pen. [Claridades, A.,
includes the process and the Compilation of Notes, 2001-
criteria employed in the 2006].
determination of the land
use. [Sec. 4, RA 8435]. 2. Larceny. 1. An old English
The rational approach of criminal and common law
allocating available offence covering the
resources as equitably as unlawful or fraudulent
possible among competing removal of another's
user groups and for different property without the owner's
functions consistent with the consent. The offence of theft
development plan of the now covers most cases of
area and the Program under larceny. But larceny is wider
RA 7279. [Sec. 3, RA 7279]. than theft as it includes the
taking of property of another
Land use planning. The act person by whatever means
of defining the allocation, (by theft, overtly, by fraud,
utilization, development and by trickery, etc.) if an intent
management of all lands exists to convert that
within a given territory or property to one's own use
jurisdiction according to the against the wishes of the
inherent qualities of the land owner. 2. Obtaining property
634
by fraud or deceit. [Glossary Large taxpayer. A taxpayer

of Legal Terms (Pro-Se), who satisfies any of the
2004]. following criteria: (a)
Value-Added Tax (VAT)
Large cattle. 1. Cow, — Business establishment
carabao, horse, mule, ass, or with VAT paid or payable of
other domesticated member at least One hundred
of the bovine family. [Sec. 2, thousand pesos (P100,000)
PD 533]. 2. The term, as for any quarter of the
used in Art. 310 of the Rev. preceding taxable year; (b)
Penal Code, refers to ganado Excise Tax — Business
mayor such as mules, as establishment with excise
distinguished from ganado tax paid or payable of at
menor like sheep. [People v. least One million pesos
Nazareno, GR L-40037. Apr. (P1,000,000) for the
30, 1976]. See Small cattle. preceding taxable year; (c)
Corporate Income Tax —
Large cattle owner or Business establishment with
raiser. The herdsman, annual income tax paid or
caretaker, employee or payable of at least One
tenant of any firm or entity million pesos (P1,000,000)
engaged in the raising of for the preceding taxable
large cattle or other persons year; and (d) Withholding
in lawful possession of such Tax — Business
large cattle. [Sec. 2, PD establishment with
533]. withholding tax payment or
remittance of at least One
Large-scale illegal million pesos (P1,000,000)
recruitment. Labor. for the preceding taxable
Requisites: (a) the offender year. [Sec. 245, NIRC, as
has not been duly licensed amended].
to engage in recruitment
activities; (b) he has Last clear chance doctrine.
engaged in illegal Also known as the Doctrine
recruitment activities, of discovered peril or the
offering employment abroad Humanitarian doctrine. 1.
for a fee; (c) he has carried A doctrine in the law of torts
out the illegal recruitment which states that the
activities against three (3) or contributory negligence of
more persons. [Dean Tupaz, the party injured will not
24 Hours Before the Bar (1st defeat the claim for
Ed. 2005), p. 167, citing damages if it is shown that
People v. Fortuna, Jan. 16, the defendant might, by the
2003]. exercise of reasonable care
and prudence, have avoided
635
the consequences of the

negligence of the injured Latent ambiguity. See
party. In such cases, the Intrinsic ambiguity.
person who had the last
clear chance to avoid the Lateran Treaty. Intl. Law. 1.
mishap is considered in law The treaty entered into in
solely responsible for the 1929 by and between Italy
consequences thereof. and the Holy See, where
[McKee v. IAC, GR 68102. Italy recognized the
July 16, 1992]. 2. The exclusive dominion and
doctrine may be stated as sovereign jurisdiction of the
follows: Where both parties Holy See over the Vatican
are negligent in such a way City. It also recognized the
that it would be impossible right of the Holy See to
to determine whose receive foreign diplomats, to
negligence was the send its own diplomats to
proximate cause of the foreign countries, and to
accident, the party who had enter into treaties according
the last clear chance or to International Law. [Garcia,
opportunity to avoid the Questions and Problems in
accident by the use of Intl. Law, Public and Private
proper care but failed to do 81 (1948)]. 2. It established
so is considered in law solely the statehood of the Vatican
responsible for the City "for the purpose of
consequences of the assuring to the Holy See
accident [Picart v. Smith 37 absolute and visible
Phil 809; Ong v. Metropolitan independence and of
Water District, L-7694, Aug. guaranteeing to it
29, 1958]. indisputable sovereignty also
in the field of international
Last minutes appointments relations. [O'Connell, I Intl.
See Midnight Law 311 (1965)].
appointments.
Laundry detergent. A
Last two. An illegal numbers product containing a
game where the winning surfactant and other
combination is derived from ingredients, formulated to
the last two (2) numbers of clean and care for the many
the first prize of the winning different fabrics in the family
Sweepstakes ticket which wash. [Sec. 2, RA 8970].
comes out during the weekly
draw of the Philippine Law. 1. A rule of conduct, just
Charity Sweepstakes Office and obligatory, laid down by
(PCSO), and its variants. legitimate authority for the
[Sec. 2, RA 9287]. common observance and
636
benefit. [Suarez, Stat. Con., law relating to certain

(1993), p. 36, citing Sanchez mercantile transactions and
Roman, 23]. 2. All the rules instruments of widespread
of conduct that have been use, now incorporated into,
approved by the government and regarded as part of, the
and which are in force over a common law. 2. A collection
certain territory and which of rules recognized by
must be obeyed by all merchants through the
persons on that territory. centuries and subsequently
[Duhaime's Legal Dict., adopted by legislation
2004]. (notably in common law
countries). [Torres, Oblig. &
Lawful interest. The rate of Cont., 2000 Ed., p. 351].
interest prescribed by law as
the highest which may be Law of nations. The body of
lawfully contracted for or legal rules binding on states
exacted. [Martin, in their international
Commentaries and Jurisp. on dealings with other states.
Comml. Laws, Vol. 1, 1988 [Intl. Law Dict. & Direct.,
Rev. Ed., p. 415]. Compare 2004].
with Legal interest.
Law of overwhelming
Lawful means. The means necessity. The police power
employed (in the exercise of of the State which is a power
police power) which are coextensive with self-
reasonably necessary to the protection. It may be said to
attainment of the object be that inherent and plenary
sought to be accomplished power in the State which
and not unduly oppressive enables it to prohibit all
upon individuals. [DECS v. things hurtful to the comfort,
San Diego, GR 89572. Dec. safety, and welfare of
21, 1989]. society. [Phil. Assoc. of
Service Exporters, Inc. v.
Lawful subject. The interests Drilon, GR 81958, June 30,
of the public generally (in 1988].
the exercise of police
power), as distinguished Law of the case. 1. The
from those of a particular opinion delivered on a
class, which require the former appeal. More
interference of the State. specifically, it means that
[DECS v. San Diego, GR whatever is once irrevocably
89572. Dec. 21, 1989]. established, as the
controlling legal rule of
Law merchant. Also Law decision between the same
mercatoria. 1. A body of parties in the same case
637
continues to be the law of the law of the flag to merely

the case, whether correct on one contact, or connecting
general principles or not, so factor, among others in
long as the facts on which maritime conflicts of law.
such decision was [Tetley, Glossary of Conflict
predicated continue to be of Laws, 2004].
the facts of the case before
the court. [People v. Pinuila, Law of the person. Also Lex
GR L-11374, May 30, 1958, patriae. Wherever a person
55 Off. Gaz., 4228, citing 21 is a citizen, he had his laws
CJS 330]. 2. An established follow him throughout the
rule that when an appellate world. The French Emperor
court passes on a question Napoleon Bonaparte
and remands the cause to promoted this approach in
the lower court for further the first Civil Code of France
proceedings, the question (1804). He believed that the
there settled becomes the French Civil Code was
law of the case upon superior to all other forms of
subsequent appeal. [Trinidad law, and thus French citizens
v. Archbishop of Manila, 63 should benefit from it,
Phil. 881,913, citing wherever they were. The
Ballentine Law Dict.]. original Civil Code of France,
at the third paragraph of
Law of the flag. The conflict article three, invoked the law
of laws rule, still found in of the citizen for questions of
many national laws and status and capacity. Mancini
international conventions, advanced the lex patriae
which subjected various theory further in the second
maritime law matters to the half of the nineteenth
law of the flag or port of century. The law of the flag,
registry of the ship. The as a concept, was very
concept bore the imprint of similar to the concept of the
nineteenth-century theories law of the citizen, or person,
of the law of the citizen, of Napoleon and Mancini.
espoused by Napoleon [Tetley, Glossary of Conflict
Bonaparte and Mancini. of Laws, 2004].
Today, the emergence of
flags of convenience, Law on municipal
double-flagging, flagging corporations. The study of
out, and the increasing the general principal
insistence in many principles governing
international conventions on municipal corporations, the
a genuine link between the laws affecting the creation,
flag and the ship, have organization and the
reduced the importance of government of provinces,
638
cities, municipalities and Lawyer. A person trained in

barangays; the scope and the law and authorized to
application of the powers of advise or represent others in
municipal ordinances, legal matters. A person
contracts, liabilities, and licensed to practice law.
enterprises. [Suarez, Pol. [Black’s Law Dict., 6th Ed., p.
Law Reviewer, 1st Ed., 2002, 888]. Also known as an
p. 3]. Attorney-at-Law.
Law on public officers. A Lawyer’s oath. See

study of the creation, Attorney’s oath.
modification and dissolution
of public office as well as the Lay corporation. A
eligibility of public officers, corporation organized for a
the manner of their election purpose other than religion.
or appointment and [De Leon, Corp. Code of the
assumption of office, their Phil. Annotated, 1989 Ed., p.
rights, duties, powers, 39]. Compare with
inhibitions and liabilities, and Ecclesiastical
the modes of terminating corporation.
official relations. [Suarez,
Pol. Law Reviewer, 1st Ed., Lay days. The days that a
2002, p. 2]. charterer may keep a
chartered ship idle for the
Law society. Group of loading of goods. [Intl. Law
individuals interested in the Dict. & Direct., 2004].
law. [Intl. Law Dict. & Direct.,
2004]. Laying the predicate. Evid.
The requisites comprising
Law study. The acquisition of the proper procedure for
knowledge of the law, as by impeaching a witness by
reading or reflection, evidence of alleged
commonly as part of a inconsistent statements, that
course of study at a college is: (a) by confronting the
or university. [Intl. Law Dict. witness with such
& Direct., 2004]. statements, with the
circumstances under which
Lawsuit. An action or they were made; (b) by
proceeding in a civil court; asking him whether he made
term used for a suit or action such statements, and (c) by
between two private parties giving him the chance to
in a court of law. [Glossary of explain the inconsistency. If
Legal Terms (Pro-Se), 2004]. the statements were made
in writing, the documents
must be shown to the
639
witness before he may be questions are only

asked to explain the acceptable in cross-
discrepancy. Unless the examination or where a
witness is given the witness is declared hostile.
opportunity to explain the [Duhaime's Legal Dict.,
inconsistency, the 2004]. Compare with
impeachment is incomplete. Misleading question.
[Regalado, Remedial Law
Compendium, 6th Rev. Ed., p. League of Nations.
537, citing US v. Baluyot, 40 Intergovernmental
Phil. 385; People v. Rosabal, organization, established in
50 Phil. 780; People v. 1919 at the Paris Peace
Escosura, 46 OG 918]. Convention, for the
promotion of international
Lay-off. A termination peace and security.
initiated by the employer Dissolved in 1946. Its assets
without prejudice to recall or (including the Palais des
rehiring of a worker who has Nations in Geneva) were
been temporarily separated transferred to the United
from the service. [Poquiz, nations. [Intl. Law Dict. &
Labor Rel. Law, 1999 Ed. p. Direct., 2004].
22]. See Retrenchment.
Learner. 1. Labor. Persons
Leading questions. 1. A hired as trainees in semi-
question which suggests to skilled and other industrial
the witness the answer occupations which are non-
which the examining party apprenticeable and which
desires. [Sec. 10, Rule 132, may be learned through
RoC]. 2. Questions which are practical training on the job
so put that the witness in a relatively short period of
merely assents to or dissents time which shall not exceed
from a statement or three months. [Art. 73, LC].
assertion of an examining 2. Basic Education Act of
counsel put with such vocal 2001. Any individual seeking
inflection as to be a basic literacy skills and
question. [People v. Caparas, functional life skills or
GR L-47411. Jan. 18, 1982, support services for the
citing 23 CJS 40]. 2. improvement of the quality
Questions which suggests an of his/her life. [Sec. 4, RA
answer; usually answerable 9155].
by yes or no. These are
forbidden to ensure that the Learnership agreement.
witness is not coached by The employment and
their lawyer through his training contract entered
testimony. Leading into between the employer
640
and the learner. [Art. 73, of contract between a

LC]. property owner and a person
wanting temporary
Learning center. A physical enjoyment and use of the
space to house learning property, in exchange for
resources and facilities of a rent paid to the property
learning program for out-of- owner. Where the property is
school youth and adults. It is land, a building, or parts of
a venue for face-to-face either, the property owner is
learning and activities and called a landlord and the
other learning opportunities person that contracts to
for community development receive the temporary
and improvement of the enjoyment and use is called
people's quality of life. [Sec. a tenant. [Duhaime's Legal
4, RA 9155]. Dict., 2004].
Learning facilitator. The key Leasehold. Real property

learning support person who held under a lease.
is responsible for [Duhaime's Legal Dict.,
supervising/facilitating the 2004].
learning process and
activities of the learner. Leave. 1. Willful departure
[Sec. 4, RA 9155]. with intent to remain away
and not temporary absence
Lease. A contract whereby a with intention of returning.
person grants temporarily [Black's Law Dict., Rev. 4th
the use of a thing for an Ed., p. 1036 citing Landreth
agreed consideration. v. Casey, 340 Ill. 519, 173
[Moreno’s Law Dict., 2000 NE 84, 85]. 2. A positive and
Ed., p. 264]. voluntary act of departure
and does not include death,
Lease contract. 1. A which is involuntary.
consensual, bilateral, [Marcopper Mining Corp. v.
onerous and commutative NLRC, GR 83207. Aug. 5,
contract by which one 1991]. 3. Permission or
person binds himself to authorization to do
grant temporarily the use of something. [Black’s Law
a thing or the rendering of Dict., Abr. 5th Ed. (1983), p.
some service to another who 462].
undertakes to pay some
rent, compensation or price. Leave of court. Permission
[Kilosbayan v. Morato, GR obtained from a court to
118910. July 17, 1995, citing take some action which,
5 Padilla, Civil Code 611 (6th without such permission,
Ed. 1974)]. 2. A special kind would not be allowable.
641
[Black’s Law Dict., Abr. 5th insanity, covertures, lack of

Ed. (1983), p. 462]. juridical personality,
incompetence, civil
Lechery. Lust. [Claridades, interdiction or does not have
A., Compilation of Notes, the character or
2001-2006]. representation which he
claims or with respect to
Ledger. A book of final entry foreign corporation, that it is
to which are posted the doing business in the
classified accounts or items Philippines with a license.
of all transactions entered in [Bench Book for Trial Court
the journal or its equivalent. Judges, p. 2-19].
[Martin, Commentaries and
Jurisp. on Comml. Laws, Vol. Legal capital. Corp. Law. The
1, 1988 Rev. Ed., p. 34]. amount equal to the
aggregate par value and/or
Legacy. 1. A provision in a issued value of the
will which leaves certain outstanding capital stock.
property to a designated [De Leon, Corp. Code of the
individual. Sometimes Phil. Annotated, 1989 Ed.,
referred to as a bequest. pp. 53-54].
[Torres, Oblig. & Cont., 2000
Ed., p. 352]. 2. Gifts of Legal compensation.
personal property given by Compensation which takes
virtue of a will. Compare place by operation of law,
with Devise. even though the debts may
be payable at different
Legal aid. Professional legal places, but there shall be an
services available usually to indemnity for expenses of
persons or organizations exchange or transportation
unable to afford such to the place of payment.
services. [Glossary of Legal [Art. 1286, CC]. Compare
Terms (Pro-Se), 2004]. with Voluntary
compensation.
Legal capacity. Intl. Law.
Qualification or authority, Legal custody. A child
such as the qualification or custody decision which
authority to carry on entails the right to make, or
international relations. [Intl. participate in, the significant
Law Dict. & Direct., 2004]. decisions affecting a child's
health and welfare.
Legal capacity to sue. It [Duhaime's Legal Dict.,
refers to the fact that a party 2004].
is not suffering from any
disability such as minority,
642
Legal delivery. See ownership, subject only to

Constructive delivery. legal limitations. [Moreno’s
Law Dict., 2000 Ed., p. 265].
Legal discretion. Discretion
which is exercised in Legal ethics. The branch of
discerning the course moral science which treats
prescribed by law and which, of the duties which an
when discerned, it is the attorney owes to the court,
duty of the court to follow. to his client, to his
[People v. Dacuycuy, GR L- colleagues in the profession
45127. May 5, 1989, citing and to the public. [Malcolm,
16 Am. Jur. 2d, 902]. Legal and Judicial Ethics].
Legal dispute. A Legal ethics and

disagreement as to the professional
existence of a legal right or responsibility. The area of
obligation, or as to the law that involves the
nature and extent of the principles of conduct
compensation due for the governing an individual or a
breach of such a right or group, specifically the legal
obligation. [Intl. Law Dict. & industry. [LawInfo Legal
Direct., 2004]. Dictionary (2005)].
Legal document available. Legal evidence. Evidence

The papers at hand with which is not confined to the
respect to the property. human voice or oral
[Memo. from the Exec. Sec. testimony but also includes
dated Aug. 20, 1998]. every tangible object
capable of making a truthful
Legal duty. In libel, a statement. [Moreno’s Law
provision of law conferring Dict., 2000 Ed., p. 265].
upon the accused the duty
to communicate. [Moreno’s Legal exchange rate. Also
Law Dict., 2000 Ed., p. 265]. Par of change. The official
rate of exchange,
Legal easements. established by a
Easements imposed by law government, in contrast to
which have for their object the free market rate. It
either public use or the signifies the amount it takes
interest of private persons. of one currency (for
[Art. 634, CC]. example, based on gold) to
buy a unit in another
Legal estate in fee simple. currency (also based on
An interest in real estate in gold) that is, how many
the form of absolute pieces of the one unit (or
643
their gold content) are those circumstances where:

necessary to equal the gold (a) the motive, desire and
content of the other unit. expectation is to perform an
[Gonzalo L. Manuel & Co. v. act in violation of the law;
Central Bank, GR L-21789. (b) there is intention to
Apr. 30, 1971, citing Dict. of perform the physical act; (c)
Foreign Trade, Henius, p. there is a performance of the
294 and 467]. intended physical act; and
(d) the consequence
Legal guardian. Any person resulting from the intended
duly appointed by a court of act does not amount to a
competent authority to crime. [Intod v. CA, GR
exercise care and custody of 103119. Oct. 21, 1992].
or parental authority over
the person of such Legal interest. That rate of
child/employee. [Sec. 2, RA interest fixed by law at 12%
7658]. per annum which will prevail
in the absence of any special
Legal heirs. The term is used agreement as to the rate
in Sec. 119 of the Public between the parties. [Martin,
Land Act in a generic sense. Commentaries and Jurisp. on
It is broad enough to cover Comml. Laws, Vol. 1, 1988
any person who is called to Rev. Ed., p. 415]. Compare
the succession either by with Lawful interest.
provision of a will or by
operation of law. Thus, legal Legal jeopardy. Requisites:
heirs include both testate It attaches only (a) upon a
and intestate heirs valid indictment, (b) before a
depending upon whether competent court, (c) after
succession is by the will of arraignment, (d) a valid plea
the testator or by law. Legal having been entered, and (e)
heirs are not necessarily the case was dismissed or
compulsory heirs but they otherwise terminated
may be so if the law without the express consent
reserves a legitime for them. of the accused. [Martinez v.
[Madarcos v. Dela Merced, CA, GR 112387. Oct. 13,
GR 39975. June 30, 1989]. 1994]
See Intestate heirs.
Legal liability. The state of
Legal impossibility. Crim. one who is bound in law and
Law. This occurs where the justice to do something
intended acts, even if which may be enforced by
completed, would not action. [Moreno’s Law Dict.,
amount to a crime. Legal 2000 Ed., p. 266].
impossibility would apply to
644
Legally-free child. A child those in the constitution,

who has been voluntarily or comprise the legal order of
involuntarily committed to that constitutional state. [In
the DSWD, in accordance Re: Puno, AM 90-11-2697-
with the Child and Youth CA. June 29, 1992].
Welfare Code. [Sec. 3, RA
8043]. Legal or intestate
succession. Legal or
Legal medicine. That branch intestate succession takes
of medicine that applies place: (a) if a person dies
medical and surgical without a will, or with a void
concepts, scientific will, or one which has
knowledge and skills to subsequently lost its validity;
medicolegal issues in order (b) when the will does not
to assist the trier of facts in institute an heir to, or
the proper dispensation of dispose of all the property
justice. [Olarte, Legal Med., belonging to the testator. In
1st Ed. (2004), p. 1]. such case, legal succession
shall take place only with
Legal name. The full first respect to the property of
Christian name and which the testator has not
surname. [Moreno’s Law disposed; (c) if the
Dict., 2000 Ed., p. 266]. suspensive condition
attached to the institution of
Legal offer. A proposal which heir does not happen or is
must be certain as to the not fulfilled, or if the heir
object, the price and other dies before the testator, or
essential terms of the repudiates the inheritance,
contract. [Art. 1319, CC]. there being no substitution,
and no right of accretion
Legal order. The takes place; (d) when the
authoritative code of a heir instituted is incapable of
polity. Such code consists of succeeding, except in cases
all the rules found in the provided in the Civil Code.
enactments of the organs of [Art. 960]. Compare with
the polity. Where the state Testamentary succession.
operates under a written
constitution, its organs may Legal ownership. The title of
be readily determined from a one who has the naked
reading of its provisions. ownership. [Moreno’s Law
Once such organs are Dict., 2000 Ed., p. 266].
ascertained, it becomes an
easy matter to locate their Legal period. The period is
enactments. The rules in fixed by law. [Diaz, Bus. Law
such enactments, along with Rev., 1991 Ed., p. 16].
645
moment of death of the

Legal possessor. 1. One latter because they are
who, but for the reservation beneficially interested in and
of strict legal title in the succeed to the properties
conditional vendor, or giving and rights of the decedent.
of a strict legal title in a 2. The term has been used
conditional vendor, or the to designate an
giving of a strict legal title to administrator or executor,
a chattel mortgagee, would devisees and legatees,
have the status of a full and children, brothers and
unqualified owner. 2. One sisters, and almost all
who can do all acts of degrees of relationship.
ownership or acts of strict [Moreno’s Law Dict., 2000
dominion except that he Ed., p. 267].
does not have strict legal
title over the property. Legal residence. The term
[Moreno’s Law Dict., 2000 imports not only intention to
Ed., p. 266]. reside in a fixed place but
also personal presence in
Legal process. A formal that place, coupled with
paper that is legally valid; conduct indicative of such
something issuing from the intention. [Chieng Yen v.
court, usually a command Rep., GR L-18885. Jan. 31,
such as a writ or mandate. 1964].
(Pro-Se), 2004]. Legal resident. A person
who has obtained permanent
Legal redemption. The right residency status in
to be subrogated, upon the accordance with the law of
same terms and conditions the host country. [Sec. 2,
stipulated in the contract, in IRR, RA 8042].
the place of one who
acquires a thing by purchase Legal right. A right founded
or dation in payment, or by in or granted by law.
any other transaction [Moreno’s Law Dict., 2000
whereby ownership is Ed., p. 267].
transmitted by onerous title.
[Art. 1619, CC]. Compare Legal separation. The
with Conventional separation of the husband
redemption. and wife from bed and board
without having the marriage
Legal representatives. bond severed. [Claridades,
Succ. 1. Legatees and A., Compilation of Notes,
devisees of a deceased who 2001-2006].
become such from the
646
Legal separation. Grounds: the aggrieved party has

(a) Repeated physical consented to the
violence or grossly abusive commission of the offense or
conduct directed against the act complained of; (c) where
petitioner, a common child, there is connivance between
or a child of the petitioner; the parties in the
(b) physical violence or commission of the offense or
moral pressure to compel act constituting the ground
the petitioner to change for legal separation; (d)
religious or political where both parties have
affiliation; (c) attempt of given ground for legal
respondent to corrupt or separation; (e) where there
induce the petitioner, a is collusion between the
common child, or a child of parties to obtain decree of
the petitioner, to engage in legal separation; or (f) where
prostitution, or connivance in the action is barred by
such corruption or prescription. [Art. 56, FC].
inducement; (d) final
judgment sentencing the Legal sovereignty. Pol. Law.
respondent to imprisonment The supreme authority to
of more than six years, even enact laws to issue final
if pardoned; (e) drug commands. [Suarez, Pol.
addiction or habitual Law Reviewer, 1st Ed., 2002,
alcoholism of the p. 35]. Compare with
respondent; (f) lesbianism or Political sovereignty.
homosexuality of the
respondent; (g) contracting Legal standing. A personal
by the respondent of a and substantial interest in
subsequent bigamous the case such that the party
marriage, whether in the has sustained or will sustain
Philippines or abroad; (h) direct injury as a result of
sexual infidelity or the governmental act that is
perversion; (i) attempt by being challenged. [De Joya v.
the respondent against the PCGG, GR 96541. Aug. 24,
life of the petitioner; or (j) 1993]. See Locus standi.
abandonment of petitioner
by respondent without Legal subrogation.
justifiable cause for more Subrogation which takes
than one year. [Art. 55, FC]. place without agreement but
by operation of law because
Legal separation, petition of certain acts; this is the
for. Grounds for denial: (a) subrogation referred to in
Where the aggrieved party Art. 1302 of the Civil Code.
has condoned the offense or [Chemphil v. CA, GR 112438-
act complained of; (b) where 39. Dec. 12, 1995, citing
647
Tolentino, Commentaries & given by virtue of a will. [Art.

Jurisp. on the Civil Code of 782, CC].
the Phil., Vol. IV, pp. 401-
402]. Legation, right of. Intl. Law.
The right of a state to
Legal tender. 1. That maintain diplomatic relations
currency which has been with other states. The right
made suitable by law for the to send diplomatic
purposes of a tender of the representatives is know as
payment of debts. [Peralta v. the active right of legation
Serrano, GR L-16523. Nov. while the right to receive
29, 1960, citing 2 Bouvier's diplomatic representatives is
Law Dict. (3rd Rev.) 1912]. 2. known as the “Passive right
That currency which a of legation.” [Cruz, Intl. Law
debtor can legally compel a Reviewer, 1996 Ed., p. 81].
creditor to accept in
payment of a debt both Leges posteriores priores
private and public. [Diaz, contrarias abrogant. Lat.
Bus. Law Rev., 1991 Ed., p. A later statute which is
40]. repugnant to an earlier
statute is deemed to have
Legal title. Title of one who abrogated the earlier one on
has the naked ownership. the same subject matter.
[Moreno’s Law Dict., 2000 [Carabao, Inc. v. Agricultural
Ed., p. 267]. Productivity Commission, GR
L-29304. Sep. 30, 1970].
Legal writing. A specialized
field of writing, the main Legis interpretatio legis
concentration of which is the vim obtinet. Lat. The
grammatical use of English. interpretation placed upon
It may be divided into two the written law by a
main forms: advisory and competent court has the
argumentative. The purpose force of law. [People v.
of the former is to inform, Jabinal, GR L-30061. Feb. 27,
like opinion letters to clients. 1974].
The purpose of the latter is
to persuade, like Legislation. The act of giving
memorandums and briefs. or enacting laws; the power
[Cruz and Quiason, to make laws via legislation
Fundamentals of English in contrast to court-made
Grammar, 2001 Ed., pp. 7- laws. [Glossary of Legal
8]. Terms (Pro-Se), 2004].
Legatees. Persons to whom Legislative authorization.

gifts of personal property are (The second step in the
648
government budgeting Legislative rules. Rules

process at which) stage, which are in the nature of
Congress enters the picture subordinate legislations,
and deliberates or acts on designed to implement a
the budget proposals of the primary legislation by
President, and Congress in providing the details thereof.
the exercise of its own In the same way that laws
judgment and wisdom must have the benefit of
formulates an appropriation public hearing, it is generally
act precisely following the required that before a
process established by the legislative rule is adopted
Constitution, which specifies there must be hearing.
that no money may be paid [Misamis Or. Assoc. of Coco
from the Treasury except in Traders v. DOF Sec., GR
accordance with an 108524. Nov. 10, 1994].
appropriation made by law. Compare with
[Guingona, Jr. v. Carague, Interpretative rule.
GR 94571. Apr. 22, 1991].
Legitimacy of a child.
Legislative contempt. The Grounds for impugning: (a)
power which though not That it was physically
expressly vested in Congress impossible for the husband
by the Constitution has been to have sexual intercourse
invoked by the legislative with his wife within the first
body to punish non- 120 days of the 300 days
members for contempt and which immediately preceded
as a means of preserving its the birth of the child
authority and dignity because of: (a.1) the
[Arnault v. Nazareno, 87 Phil. physical incapacity of the
29 (1950); Arnault v. husband to have sexual
Balagtas, 97 Phil. 358 intercourse with his wife;
(1955)]. (a.2) the fact that the
husband and wife were living
Legislative power. 1. The separately in such a way
authority of the legislature to that sexual intercourse was
make laws and to alter or not possible; or (a.3) serious
repeal them. [Suarez, Stat. illness of the husband, which
Con., (1993), p. 52]. 2. It is absolutely prevented sexual
vested in the Congress of intercourse; (b) that it is
the Philippines consisting of proved that for biological or
the Senate and the House of other scientific reasons, the
Representatives. [Sec. 1, Art. child could not have been
VI, 1987 Const.]. that of the husband, except
in the instance provided in
the second paragraph of Art.
649
164, FC; or (c) that in case of any branch or local thereof.

children conceived through [Art. 212(h), LC].
artificial insemination, the
written authorization or Legitimation. It takes place
ratification of either parent by a subsequent valid
was obtained through marriage between parents.
mistake, fraud, violence, The annulment of a voidable
intimidation, or undue marriage shall not affect the
influence. [Art. 166, FC]. legitimation. [Art. 178, FC].
Its effects shall retroact to
Legitimate. That which is the time of the child's birth.
legal, lawful, recognized by [Art. 180, FC].
law or according to law.
[Glossary of Legal Terms Legitimation. Requisites: (a)
(Pro-Se), 2004]. That the child be a natural
child; (b) that he be
Legitimate children. 1. recognized by both parents
Children conceived or born either before or after a valid
during the marriage of the marriage; and (c) that there
parents. [Art. 164, FC]. 2. be a subsequent valid
Those originally natural marriage of the parents [De
children but later considered Santos v. Angeles, GR
as legitimate by virtue of 105619. Dec. 12, 1995,
their recognition by both citing Paras, Civil Code of
parents and the latters' the Phil. Annotated, 1984 Ed.
subsequent marriage. [In Re: Vol. I, p. 651].
Hofillena v. Rep., GR L-
26476. Aug. 31, 1970, citing Legitime. Succ. That part of
4 Castan, 6th Ed., p. 6a; Art. the testator's property which
271, CC]. Compare with he cannot dispose of
Illegitimate children. because the law has
reserved it for certain heirs
Legitimated children. who are, therefore, called
Children conceived and born compulsory heirs. [Art. 886,
outside of wedlock of CC].
parents who, at the time of
the conception of the Legua communal. Sp.
former, were not disqualified Communal lands. A property
by any impediment to marry held by a municipality for
each other. [Art. 177, FC]. the state in trust for the
inhabitants which the state
Legitimate labor is free to dispose of at will.
organization. Any labor [Suarez, Pol. Law Reviewer,
organization duly registered 1st Ed., 2002, p. 191, citing
with the DOLE, and includes
650
Salas v. Jarencio, GR L- of the fact that the price is

29788. Aug. 30, 1972]. unjust or inadequate. [Diaz,
Lend. A purchase coupled 75]. 2. Legal Med. Any
with an agreement by the change in the structure of an
vendor to repurchase; organ due to injury or
Borrow includes a sale disease, whether apparent
coupled with a similar or diagnosed as the cause of
agreement. [Sec. 3, RA a functional irregularity or
2629]. disturbance. 2. Civ. Law. The
injury suffered by one who
Lending investors. All does not receive a full
persons who make a practice equivalent for what he has
of lending money for given in a commutative
themselves or others at contract. [Black’s Law Dict.,
interest. [Sec. 1, PD 426]. Abr. 5th Ed. (1983), p. 469].
Leniency. Recommendation Lesiones graves. Sp. Grave

for a sentence less than the physical injuries. [US v.
maximum allowed. [Glossary Perez, GR 11451. Oct. 19,
of Legal Terms (Pro-Se), 1916].
2004].
Lesiones leves. Sp. Slight
Leprosy. A chronic, mildly physical injuries. [US v.
contagious, infectious Perez, GR 11451. Oct. 19,
disease characterized by 1916].
both cutaneous and
constitutional symptoms and Lesiones menos graves. Sp.
the production of various Less grave physical injuries.
deformities and mutilations. [US v. Perez, GR 11451. Oct.
[Clemente v. GSIS, GR L- 19, 1916].
47521. July 31, 1987].
Lessee. 1. The person renting
Lesbian. Also Tribadist. a residential unit. [Sec. 2, BP
Legal Med. A woman 25; Sec.4, RA 9161]. 2. The
homosexual who has the person and/or his family
secret desire to make love renting the dwelling place,
with another woman and as well as sub-lessees. [Sec.
most of whom have 2, RA 6359; Sec. 2, RA
antipathy towards men. 6126].
(2004), p. 113]. Less grave felonies. Those
felonies which the law
Lesion. 1. Civ. Law. Any punishes with penalties
damage suffered by reason which in their maximum
651
period are correctional, in authority, the deed does not

accordance with Art. 25 of constitute the crime of
the Rev. Penal Code. [Art. 9, assault upon such person.
RPC]. [Art. 265, RPC].
Lessor or owner. The owner Letter. A message in writing,

or administrators or agents which may be in any
of the owner of the language or in code,
residential unit. [Sec. 2, BP contained in a sealed or
25; Sec.4, RA 9161]. Owner unsealed envelope or not in
of the dwelling place and/or an envelope at all, of such
residential site or the physical dimensions and
administrator or agent of weights allowed by the
such owner, as well as sub- Corporation or the
lessors. [Sec. 2, RA 6359; Government, and intended
Sec. 2, RA 6126]. for delivery to a person or
entity displayed legibly on
Less serious physical one of its faces. [Sec. 2, RA
injuries. Crim. Law. The 7354].
person who shall inflict upon Letter of credence. Also
another physical injuries not Lettre de creance. Intl.
described in Art. 263 and Law. The document carried
264 of the Rev. Penal Code, by a diplomatic
but which shall incapacitate representative by virtue of
the offended party for labor which he is accredited to the
for ten days or more, or shall receiving state with the
require medical assistance request that full faith and
for the same period; or by credit be given to his official
any person who shall inflict acts. [Cruz, Intl. Law
less serious physical injuries Reviewer, 1996 Ed., pp. 83-
with the manifest intent to 84].
kill or offend the injured
person, or under Letter of credit. 1. A letter
circumstances adding issued by one merchant to
ignominy to the offense; or another for the purpose of
by any person who shall attending to a commercial
inflict any less serious transaction. [Art. 567, Code
physical injuries upon the of Commerce]. 2. A financial
offender's parents, device developed by
ascendants, guardians, merchants as a convenient
curators, teachers, or and relatively safe mode of
persons of rank, or persons dealing with sales of goods
in authority, provided that, to satisfy the seemingly
in the case of persons in irreconcilable interests of a
652
seller, who refuses to part Letters of administration.

with his goods before he is Spec. Pro. 1. The documents
paid, and a buyer, who issued by the court to the
wants to have control of the person named as
goods before paying. [Bank administrator therein, if no
of America v. CA, GR executor is named in the
105395. Dec. 10, 1993]. will, or the executor or
executors are incompetent,
Letter of credit. Essential refuse the trust, or fail to
conditions: (a) Issued in give bond, or a person dies
favor of a definite person; intestate. [Sec. 6, Rule 78,
(b) amount is fixed or RoC]. 2. Legal document
specified; (c) duration of six issued by a court that shows
months, if used in the an administrator's legal right
Philippines, or one year, if to take control of assets in
used abroad, unless the the deceased person's
parties provide for a name. [Jurist’s Legal Dict.,
different period. [Arts. 568 2004]. Compare with
and 572, Code of Letters testamentary.
Commerce].
Letters rogatory. Rem. Law.
Letter of Instructions. A An instrument sent in the
directives of the President of name and by the authority of
the Philippines, issued in the a judge or court to another,
exercise of his requesting the latter to
administrative power of cause to be examined, upon
control, to heads of interrogatories filed in a
departments and/or officers cause pending before the
under the executive branch former, a witness who is
of the government for within the jurisdiction of the
observance by the officials judge or court to whom such
and/or employees thereof. letters are addressed.
[People v. CFI of Bulacan, GR [Dasmariñas Garments v.
L-53674-75. July 11, 1988]. Reyes, GR 108229. Aug. 24,
1993, citing Feria, J., Civil
Letter patent. Also Lettre Procedure, 1969 ed., p. 635].
de provision. Intl. Law. The
commission issued by the Letters testamentary. Spec.
sending state from which Pro. The documents issued
consuls derive their by the court on a will which
authority. [Cruz, Intl. Law has been proved and
Reviewer, 1996 Ed., p. 90]. allowed to the person named
Compare with Exequatur. as executor therein, if he is
competent, accepts the
trust, and gives bond as
653
required by the Rules. [Sec. by which the property is set

4, Rule 78, RoC]. Legal apart for the satisfaction of
document issued by a court the judgment and taken into
that shows an executor's the custody of the law, and
legal right to take control of after it has been taken from
assets in the deceased the defendant, his interest is
person's name. [Jurist’s limited to its application to
Legal Dict., 2004]. Compare the judgment, irrespective of
with Letters of the time when it may be
administration. sold. [Jalandoni v. PNB, GR L-
47579. Oct. 9, 1981].
Lettre de creance. See Compare with
Letter of credence. Garnishment.
Lettre de provision. See Levy-and-grant system. A

Letter patent. legal contribution (often a
percentage of the payroll)
Lettres reversals. Intl. Law. from participating employers
Fr. Declarations that an who would be beneficiaries
alteration in ceremonial of a vocational or technical
practices is being made only education or training
as an exception to the program which is
general rule. [Suarez, Pol. subsequently turned over or
Law Reviewer, 1st Ed., 2002, rebated to enterprises
p. 1059]. offering employee training
programs. [Sec. 1, IRR, RA
Leukemia. A disease 7796].
characterized by persistent
increase in the white blood Levying war. An actual
corpuscles, associated with assemblage of persons for
changes in the spleen, the purpose of executing a
lymphatic glands and bone treasonable design.
marrow. [Eliseo v. WCC, GR [Gregorio, Fund. of Crim.
L-43468. July 21, 1978, citing Law Rev., 1997 9th Ed., p.
Maloy, M.D., Medical Dict. for 362, citing 52 Am. Jur. 798].
Lawyers, p. 350].
Lewd. Obscene, lustful,
Levy. 1. The seizure of indecent, lascivious,
property, personal and/or lecherous. It signifies that
real, belonging to the form of immorality which has
judgment debtor for relation to moral impurity; or
subsequent execution sale that which is carried on in a
to satisfy judgment. [Bench wanton manner. [People v.
Book for Trial Court Judges, Grefiel, GR 77228. Nov. 13,
p. 2-59]. 2. The essential act 1992].
654
1995, citing Salonga, Private

Lewd design. Inherently Intl. Law, 100, 1967 3rd Ed.].
lascivious acts executed with
the particular design to Lex loci actus. Lat. The law
independently derive of the place where the act
vicarious pleasure was done. [Agpalo, Conflict
therefrom. [Moreno’s Law of Laws, p. 5].
Dict., 2000 Ed., p. 270].
Lex loci celebrationis. Lat.
Lex causae. Lat. The law The principle that applies the
applicable to the case. law of the place where the
[Tetley, Glossary of Conflict contract was executed as far
of Laws, 2004]. as the formalities and
solemnities (extrinsic
Lex contractus. Lat. he validity) are concerned.
proper law of the contract. [Claridades, A., Compilation
The law that governs the of Notes, 2001-2006].
enforcement of a contract
and the intrinsic validity of Lex loci contractus. Lat. The
its provisions. [Moreno’s Law law of the place of
Dict., 2000 Ed., p. 270]. conclusion of the
contracting. [Tetley,
Lex de futuro, judex de Glossary of Conflict of Laws,
præterito. Lat. The law 2004].
provides for the future, the
judge for the past. [Laceste Lex loci damni. Lat. The law
v. Santos, GR 36886. Feb. 1, of the place where the injury
1932]. occurs. In other words, if an
injury appears in another
Lex delationes semper country, the laws of that
exhorret. Lat. The law country governs, provided
always abhors delays. that the tortfeasor should
[Medija v. Patcho, GR L- have foreseen that the
30310. Oct. 23, 1984]. damage would occur there.
[Tetley, Glossary of Conflict
Lex fori. Lat. 1. The law of of Laws, 2004].
the forum. [Tetley, Glossary
of Conflict of Laws, 2004]. 2. Lex loci delicti. Lat. The law
The internal law of the forum of the place of the tort or
governs matters of remedy delict. [Tetley, Glossary of
and procedure such as those Conflict of Laws, 2004].
relating to the service of
process upon a defendant. Lex loci delicti commissi.
[Northwest Orient Airlines v. Lat. The law of the place
CA, GR 112573. Feb. 9, where the delict was
655
committed. [Paras, Phil. Lex mercatoria. Lat. Law

Conflict of Laws, 8th Ed. merchant. Common
(1996), p. 390]. commercial rules and
procedures used throughout
Lex loci delictus. Lat. The Europe in the Renaissance
law of the place where the period. [Intl. Law Dict. &
offense or wrong took place. Direct., 2004].
[Agpalo, Conflict of Laws, p.
5]. Lex nationalii. Lat. The
concept that citizenship is
Lex loci dimicillii. Lat. The the basis for determining the
law of the place of domicile personal law applicable.
of a person. [Agpalo, Conflict [Claridades, A., Compilation
of Laws, p. 6]. of Notes, 2001-2006].
Lex loci intentionis. Lat. The Lex non requirit verificari

law intended by the parties quod apparet curiae. Lat.
expressly or implicitly. The law does not require
[Moreno’s Law Dict., 2000 that to be verified which is
Ed., p. 271]. apparent to the court.
Lex loci solutionis. Lat. The Ed., p. 271].
law of the place of
performance of the contract. Lex patriae. See Law of the
[Tetley, Glossary of Conflict person.
of Laws, 2004].
Lex prospicit, non respicit.
Lex loci rei sitae. Lat. The Lat. The law looks forward
law of the place where a not backward. [Claridades,
thing is situated. [Agpalo, A., Compilation of Notes,
Conflict of Laws, p. 6]. Also 2001-2006].
Lex situs.
Lex rei sitae. Lat. The rule
Lex loci voluntatis. Lat. An that real or personal
accepted doctrine in property is subject to
international law that the taxation in the state in which
relationship between the it is located, whether the
parties to a contract shall be owner is a resident or non-
governed by the law which resident thereof. [De Leon,
they voluntarily agreed to Fundamentals of Taxation,
apply. The law voluntarily 2000 Ed., p. 48].
agreed upon by the partied.
[Moreno’s Law Dict., 2000 Lex reprobat moram. Lat.
Ed., p. 271]. The law disapproves of

656
delay. [Billones v. CIR, GR L- (b) its private or business

17566. July 30, 1965]. aspects (as when it engages
in private enterprises) where
Lex semper intendit quod it becomes liable as an
convenit rationi. Lat. The ordinary employer. [Paras,
law always intends that Civil Code of the Phil.
which is in accordance with Annotated, 1986 Ed., p.
reason. [Moreno’s Law Dict., 961]. In this jurisdiction, the
2000 Ed., p. 271]. State assumes a limited
liability for the damage
Lex situs. Lat. The applicable caused by the tortious acts
law regarding the or conduct of its special
acquisition, transfer and agent. [NIA v. Fontanilla, GR
devolution of the title to 61045. Dec. 1, 1989].
property (which) is the law
where the property is Liable. Legally responsible.
located. [Agpalo, Conflict of [Glossary of Legal Terms
Laws, p. 5]. (Pro-Se), 2004].
LGC. See Local Government Liable for tax. See Subject

Code of 1991. to tax.
LGU. See Local government Libel. Crim. Law. 1. A public

units. and malicious imputation of
a crime, or of a vice or
Liability. Any legal obligation, defect, real or imaginary, or
either due now or at some any act or omission,
time in the future. It could be condition, status, or
a debt or a promise to do circumstance tending to
something. [Duhaime's Legal cause the dishonor,
Dict., 2004]. discredit, or contempt of a
natural or juridical person, or
Liability. Sources: (a) Delay; to blacken the memory of
(b) fraud; (c) negligence; and one who is dead. [Art. 353,
(d) contravention of the RPC]. 2. Published
tenor of the obligation. [Art. defamation which tends to
1170, CC]. injure a person's reputation.
Liability of state for (Pro-Se), 2004].
damages. The liability of
the State has two aspects, Libel. Crim. Law. Requisites:
namely: (a) its public or (a) It must be defamatory;
governmental aspects where (b) it must be malicious; (c)
it is liable for the tortious it must be given publicity;
acts of special agents only; and (d) the victim must be
657
identifiable. [Alonzo v. CA, thereof; and (c) Owner of the

GR 110088. Feb. 1, 1995]. printing plant which
published the libelous article
Libel by means of writings and all other persons who in
or similar means. Crim. any way participated in or
Law. Libel committed by have connection with its
means of writing, printing, publication. [Art. 360, RPC,
lithography, engraving, as amended].
radio, phonograph, painting,
theatrical exhibition, Liberal construction. Stat.
cinematographic exhibition, Con. A form of construction
or any similar means. [Art. which allows a judge to
355, RPC]. consider other factors when
deciding the meaning of a
Libelous remarks. Crim. phrase or document,
Law. Remarks or comments purposely to promote its
connected with the matter object and to assist the
privileged under the parties in obtaining just,
provisions of Art. 354 of the speedy and inexpensive
Rev. Penal Code which, if determination of every
made with malice, shall not action and proceedings. This
exempt the author thereof rule of construction is
nor the editor or managing especially useful where
editor of a newspaper from adherence to the letter of
criminal liability. [Art. 362, the law would result in
RPC]. absurdity and manifest
injustice. [Casela v. CA, 35
Libel, persons responsible SCRA 279 (Oct. 16, 1970)].
for. Crim. Law. (a) Any
person who shall publish, Liber baptisnorum. Latin
exhibit, or cause the term for baptismal book or
publication or exhibition of record. [People v. Ritter, GR
any defamation in writing or 88582. Mar. 5, 1991].
by similar means, shall be
responsible for the same; (b) Liberty. Pol. Law. Freedom;
the author or editor of a exemption from extraneous
book or pamphlet, or the control. Freedom from all
editor or business manager restraints except such as are
of a daily newspaper, justly imposed by law.
magazine or serial Freedom from restraint,
publication, shall be under conditions essential to
responsible for the the equal enjoyment of the
defamations contained same right by others;
therein to the same extent freedom regulated by law.
as if he were the author
658
[Black’s Law Dict., Abr. 5th the signing or authenticating

Ed. (1983), p. 474]. for clients of documents or
reports when called for.
Liberty in contracts. See [Sec. 2, RA 6966].
Autonomy in contracts.
License. 1. A special
Liberty of abode and permission to do something
travel. Const. Law. The right on, or with, somebody else's
of a person to have his home property which, were it not
or to maintain or change his for the license, could be
home, dwelling, residence or legally prevented or give rise
habitation in whatever place to legal action in tort or
he has chosen, within the trespass. [Duhaime's Legal
limits prescribed by law and Dict., 2004]. 2. Labor. A
to go where he pleases document issued by the
without interference from DOLE authorizing a person
anyone, except in the or entity to operate a private
interest of national security, employment agency. [Art.
public safety or public 13, LC]. 3. Optical Media
health, as may be provided Law. The authority granted
by law. [Suarez, Pol. Law by the Optical Media Board
Reviewer, 1st Ed., 2002, p. (OMB) to establishments or
175]. entities registered with the
OMB to engage in the
Librarianship, practice of. business of mastering,
The practice of librarianship manufacture, replication,
shall constitute in holding importation or exportation of
out oneself as skilled in the optical media. [Sec. 3, RA
knowledge, art and science 9239].
of the organization,
dissemination, preservation License tax. Also License
and conservation of fee. 1. An imposition or
recorded information; the exaction on the right to use
rendering, furnishing and or dispose of a property, to
contracting of professional pursue a business,
services such as occupation, or calling, or to
consultations and advice on exercise a privilege.
the organization and [Villanueva v. City of Iloilo,
management of libraries, GR L-26521. Dec. 28, 1968,
data banks, research and citing 33 Am. Jur. 325-326].
information centers to 2. It is often used
clients on a fee basis or indiscriminately to designate
otherwise; the teaching of impositions exacted for the
subjects in the library and exercise of various
information sciences; and privileges. It does not refer
659
solely to a license for of property. [Memo. from the

regulation, In many Exec. Sec. dated Aug. 20,
instances, it refers to 1998].
revenue raising exactions on
privileges or activities. Lifeblood theory. The theory
[Victorias Milling, Co., Inc. v. that taxes are the lifeblood
Mun. of Victorias, GR L- of the government and so
21183. Sep. 27, 1968]. should be collected without
unnecessary hindrance. On
Licensing. Agency process the other hand, such
involving the grant, renewal, collection should be made in
denial, revocation, accordance with law as any
suspension, annulment, arbitrariness will negate the
withdrawal, limitation, very reason for government
amendment, modification or itself. It is therefore
conditioning of a license. necessary to reconcile the
[Sec. 2, Chap. 1, Book VII, EO apparently conflicting
292]. interests of the authorities
and the taxpayers so that
Lien. 1. Legal right to take or the real purpose of taxation,
hold property of a debtor as which is the promotion of the
a payment or severity from a common good, may be
debt or obligation. [Memo. achieved. [Comm. of Int.
from the Exec. Sec. dated Rev. v. CA, GR L-28896. Feb.
Aug. 20, 1998]. 2. An 17, 1988].
existing burden or charge on
the property. [People v. CA, Life estate. A right to use
GR 81541. Oct. 4, 1989, and to enjoy land and/or
citing Black's Law Dict., 5th structures on land only for
Ed. (1979)]. 3. A property the life of the life tenant. The
right which remains attached estate reverts back to the
to an object that has been grantor (or to some other
sold, but not totally paid for, person), at the death of the
until complete payment has person to whom it is given.
been made. It may involve [Duhaime's Legal Dict.,
possession of the object until 2004].
the debt is paid or it may be
registered against the object Life imprisonment. Crim.
(especially if the object is Law. A penalty which does
real estate). [Duhaime's not carry with it any
Legal Dict., 2004]. accessory penalty, and does
not appear to have any
Liens, encumbrances. legal definite extent or duration.
problems. Conditions which [People v. Layno, GR
prevent an outright disposal 110833. Nov. 21, 1996].
660
Compare with Reclusion

perpetua. Lighter. A flat-bottomed boat
or barge used in loading or
Life insurance. 1. Insurance unloading cargo to or from
on human lives and vessels. [Sec. 3, PD 857].
insurance appertaining
thereto or connected Light felonies. Those
therewith. [Sec. 179, IC]. 2. infractions of law for the
An insurance upon life may commission of which a
be made payable on the penalty of arresto menor or
death of the person, or on a fine not exceeding P200 or
his surviving a specified both is provided. [Art. 9,
period, or otherwise RPC].
contingently on the
continuance or cessation of Light penalties. The
life. [Sec. 180, IC] following are light penalties
under the Rev. Penal Code:
Lifeline rate. The subsidized Arresto menor, public
rate given to low-income censure, and fine, whether
captive market (of imposed as a single of as an
electricity) end-users who alternative penalty, which is
cannot afford to pay at full less than 200 pesos. [Arts.
cost. [Sec. 4, RA 9136]. 25-26, RPC].
Life tenant. The beneficiary Light threats. 1. Any threat

of a Life estate. [Duhaime's to commit a wrong not
Legal Dict., 2004]. constituting a crime, made
in the manner expressed in
Light coercions. Crim. Law. subdivision 1 of Art. 282 of
The felony committed by any the Rev. Penal Code. [Art.
person who, by means of 283, RPC]. 2. Crim. Law. The
violence, shall seize felony committed by: (a) any
anything belonging to his person who, without being
debtor for the purpose of included in the provisions of
applying the same to the Art. 284 of the Rev. Penal
payment of the debt. [Art. Code, shall threaten another
287, RPC]. with a weapon or draw such
weapon in a quarrel, unless
Light durables. Non- it be in lawful self-defense;
consumable items portable (b) any person who, in the
or transportable as heat of anger, shall orally
accompanied personal threaten another with some
baggage in the course of harm not constituting a
travel. [Customs Admin. crime, and who by
Order 3-95, Dec. 6, 1995]. subsequent acts show that
661
he did not persist in the idea designed for through traffic,

involved in his threat, and over, from, or to which
provided that the owners or occupants of
circumstances of the offense abutting land and other
shall not bring it within the persons have no right of
provisions of Art. 282 of the easement or only a limited
Rev. Penal Code; (c) any right of easement of access,
person who shall orally light, air, or view by reason
threaten to do another any of the fact that their
harm not constituting a property abuts upon such
felony. [Art. 285, RPC]. limited access facility or for
any other reason. Such
Like product. A domestic highways or streets may be
product which it identical, parkways, from which trucks,
i.e., alike in all respects to busses, and other
the imported product under commercial vehicles shall be
consideration, or in the excluded; or they may be
absence of such a product, free ways open to use by all
another domestic product customary forms of street
which, although not alike in and highway traffic. [Sec. 2,
all respects, has RA 2000].
characteristic: closely
resembling those of the Limited capacity doctrine.
imported product under The doctrine adopted by our
consideration. [Sec. 4, RA corporation law under which
8800]. a corporation has only such
powers as are expressly
Limitation of action. The granted or those that are
loss of the right to enforce necessarily implied from
an action by the lapse of those expressly granted or
time. [Moreno’s Law Dict., those which are incidental to
2000 Ed., p. 274]. its existence. [Sec. 2, Corp.
Code].
Limited access. A fishery
policy by which a system of Limited jurisdiction. Courts
equitable resource and that are limited in the types
allocation is established by of criminal and civil cases
law through fishery rights they may hear. [Glossary of
granting and licensing Legal Terms (Pro-Se), 2004].
procedure as provided by
the Phil. Fisheries Code of Limited liability doctrine.
1998. [Sec. 4, RA 8550]. Mar. Ins. The liability of the
shipowner of a ship is
Limited access facility. A confined to the vessel,
highway or street especially equipment, and freight, or
662
insurance, if nay, so that if Compare with General

the shipowner abandoned partnership.
the ship, equipment, and
freight, his liability is Lina Law. RA 7279, otherwise
extinguished. However, the known as the Urban
doctrine does not apply Development and Housing
when the shipowner or Act (UDHA) of 1992.
captain is guilty of
negligence. [Suggested Lineal descendant. A person
Answer for the 1999 Bar, who is a direct descendant
UPLC, (2002), p. 41]. such as a child to his or her
Compare with Inscrutable natural parent. [LawInfo
fault doctrine. Legal Dictionary (2005)].
Limited partner. 1. A partner Linear wounds. Wounds

who has agreed to be liable which are skin deep (and)
only to the extent of his could have been caused by
investment. A limited fingernails or any sharp
partner, though, has no right grass. [People v. Almenario,
to manage the partnership GR 91491. Aug. 12, 1992].
and is usually just an
investor or promoter. 2. A Line-up. See Police line-up.
unique colleague in a
partnership relationship who Liquidate. To pay and settle.
has agreed to be liable only To convert assets to cash. To
to the extent of his ascertain the amount, or the
investment. Limited several amounts, of the
partners, though, have no liabilities of insolvent and
right to manage the apportion the assets toward
partnership. [Duhaime's the discharge of the
Legal Dict., 2004]. Compare indebtedness. [Black’s Law
with General Partner. Dict., Abr. 5th Ed. (1983), p.
479].
Limited partnership. A
partnership formed by two or Liquidated. Ascertained.
more persons under the Determined; fixed; settled;
provisions of the Art. 1844 of made clear or manifest.
the Civil Code, having as Cleared away; paid;
members one or more discharged; wound up. Made
general partners and one or certain or fixed by
more limited partners. The agreement of parties or by
limited partners as such operation of law. [Black’s
shall not be bound by the Law Dict., Abr. 5th Ed. (1983),
obligations of the p. 479].
partnership. [Art. 1843, CC].
663
Liquidated account. An Liquidation court. The

account whereof the amount regional trial court having
is certain and fixed, either jurisdiction to assist in the
by the act and agreement of adjudication of the disputed
the parties or by operation of claims against the bank or
law; a sum which cannot be non-bank financial
changed by the proof. intermediary performing
[Black’s Law Dict., Abr. 5th quasi-banking functions and
Ed. (1983), p. 479]. in the enforcement of
individual liabilities of the
Liquidated amount. 1. One stockholders, and do all that
that is determined by is necessary to preserve the
agreement or by litigation. 2. assets of such institution and
Damages agreed upon by to implement the liquidation
the parties to a contract to plan approved by the
be paid in case of breach Monetary Board. [Sec. 29,
thereof. [Moreno’s Law Dict., RA 265, as amended].
2000 Ed., pp. 274-275].
Lis mota. Lat. 1. Main issue.
Liquidated damages. 1. [Tañada v. Angara, GR
Those agreed upon by the 118295. May 2, 1997]. 2.
parties to a contract, to be Threshold legal issue.
paid in case of breach [Frivaldo v. Comelec, GR
thereof. [Art. 2226, CC]. 2. 120295. June 28, 1996].
Those the amount of which
has been agreed upon by Lis pendens. Lat. 1. A
the parties or fixed by the pending suit or a pending
judgment of a competent litigation. [People v. RTC
court. [Torres, Oblig. & Manila, GR 81541. Oct. 4,
Cont., 2000 Ed., p. 334]. 1989]. 2. A notice filed in the
office of the Register of
Liquidating partner. A Deeds of the province where
partner who takes charge of the land is situated which
liquidating the affairs of the gives notice that a suit is
partnership after its pending against the owner of
dissolution. [Suarez, Intro. to designated property. [Torres,
Law, 1995 3rd Ed., p. 120]. Oblig. & Cont., 2000 Ed., p.
352].
Liquidation. The selling of all
the assets of a debtor and Lis pendens notice. An
the use of the cash proceeds announcement to the whole
of the sale to pay off world that a particular real
creditors. [Duhaime's Legal property is in litigation,
Dict., 2004]. serving as a warning that
one who acquires an interest
664
over the said property does Literal infringement test. A

so at his own risk, or that he test established to
gambles on the result of the determine infringement
litigation over the said where resort must be had, in
property. It is but a signal to the first instance, to the
the intending buyer or words of the claim. If
mortgagee to take care or accused matter clearly falls
beware and to investigate within the claim,
the prospect or non-prospect infringement is made out
of the litigation succeeding and that is the end of it. To
before he forks down his determine whether the
money. [People v. RTC of particular item falls within
Manila, GR 81541. Oct. 4, the literal meaning of the
1989]. patent claims, the Court
must juxtapose the claims of
Literacy training service. A the patent and the accused
program designed to train product within the overall
students to become teachers context of the claims and
of literacy and numeracy specifications, to determine
skills to school children, out whether there is exact
of school youth, and other identity of all material
segments of society in need elements. [Godinez v. CA,
of their service. [Sec. 3, RA GR 97343. Sep. 13, 1993].
9163]. Compare with Doctrine of
equivalents test.
Literal construction. A form
of construction which does Litigant. A party to a lawsuit.
not allow evidence [Glossary of Legal Terms
extrapolated beyond the (Pro-Se), 2004].
actual words of a phrase or
document but, rather, takes Litigated motion. A motion
a phrase or document at where notice to the adverse
face value, giving effect only party is necessary to afford
to the actual words used. the latter an opportunity to
Also known as “strict" or resist the application. [Denso
"strict and literal" v. IAC, GR 75000. Feb. 27,
construction. Contrasts with 1987].
liberal construction (which
allows for the input from Litigation. 1. A contest in
other factors such as the which each contending party
purpose of the document fully and fairly lays before
being interpreted). the court the facts in issue
[Duhaime's Legal Dict., and then, brushing aside as
2004]. wholly trivial and indecisive
all imperfections of form and
665
technicalities of procedure, Littoral. The coastal region

asks that justice be done including both the land along
upon the merits. [Alonso v. the coast and the water near
Villamor, 16 Phil. 316, 321- the coast or the shore zone
322]. 2. A dispute which has between the high and low
become the subject of a watermarks. [Santulan v.
formal court action or law Exec. Sec., GR L-28021. Dec.
suit. [Claridades, A., 15, 1977]. Compare with
Compilation of Notes, 2001- Riparian.
2006]. 3. A lawsuit; a legal
action, including all Live-in. When ascribed to a
proceedings therein. couple of different sexes, the
[Glossary of Legal Terms present-day term for a man
(Pro-Se), 2004]. and a woman who are living
together and comporting
Litis pendentia. Lat. A themselves as husband and
pending suit. It is variously wife without the benefit of
referred to in some decisions matrimony. [Moreno’s Law
as lis pendens and auter Dict., 2000 Ed., p. 277].
action pendant. [Buan v.
Lopez, Jr., GR 75349, 13 Oct. Livelihood tools.
1986, 145 SCRA 34, 37]. Instruments used by hand or
by machine necessary to a
Litis pendentia. Requisites: person in the practice of his
(a) Identity of parties or at trade, vocation or
least such as represent the profession, such as hand
same interest in both tools, power tools, precision
actions; (b) Identity of rights tools, farm tools, tools for
asserted and relief prayed dressmaking, shoe repair,
for, the relief being founded beauty parlor, barber shop
on the same facts; and (c) and the like, as may be
The identity in the two cases determined by the Overseas
should be such that the Workers Welfare
judgment that may be Administration (OWWA). [Sec
rendered in one would, 2, RA 9174].
regardless of which party is
successful, amount to res Liver cancer. Also
judicata in the other. [Ramos Hepatoma. Malignant
v. Peralta, GR L-45107. Nov. primary tumor of the liver
11, 1991]. destroying the parenchyma
arise (sic) from both liver cell
Little Assembly. See and bile duct elements. It
Interim Committee. develops most frequently in
the previous cirrhosis liver.

666
[Clemente v. GSIS, GR L- thereof, is, at the time of the

47521. July 31, 1987]. making thereof, assured
from funds that are or will
Livestock. Domestic animals become available therefor.
used or raised on a farm, [Sec. 3, PD 269].
especially for profit.
[Webster's Intl. Dict., 2nd Ed. Loan contract. A contract
(1954)]. whereby one of the parties
delivers to another, either
Living unit. A dwelling, or something not consumable
portion thereof, providing so that the latter may use
complete living facilities for the same for a certain time
one family, including and return it, in which case
provisions for living, the contract is called a
sleeping, cooking, eating, commodatum; or money or
bathing and toilet facilities other consumable thing,
and laundry facilities, the upon the condition that the
same as a single family- same amount of the same
dwelling. [Sec. 3, BP 220]. kind and quality shall be
paid, in which case the
Llave. Brass knuckle. contract is simply called a
[Manalaysay v. CA, GR loan or mutuum. [Art. 1933,
79946. Apr. 12, 1989]. Also CC].
Llave llesa.
Lobbying. All attempts
LL.B., LL.M. or LL.D. The including personal
Latin abbreviations for the solicitation to induce
three classes of law degrees: legislators to vote in a
the regular bachelor degree certain way or to introduce
in law (LL.B.), the masters legislation. It includes
degree in law (LL.M.) and the scrutiny of all pending bills
doctorate in law (LL.D.). which affect one’s interest or
[Duhaime's Legal Dict., the interests of one’s clients,
2004]. with a view towards
influencing the passage or
Loan. 1. It covers both simple defeat of such legislation.
loan and commodatum as [Manual on Definitions of
well as guarantees, financing Admin. Offenses in the Civil
arrangements or Service, Oct. 2004, p. 42,
accommodations intended to citing Black’s Law Dict., 5th
ensure its approval. [Sec. 3, Ed., 1979].
RA 6713]. 2. A loan the total
principal amount of which, Local action. Rem. Law. An
as and when required for action founded on privity of
application to the purposes estate only and there is no
667
privity of contract. [Albano, intra sovereign subdivision

Rem. Law Reviewer, 1st Ed., of one sovereign nation, it
p. 71, citing Dela Cruz v. cannot be an imperium in
Seminary of Manila, 18 Phil. imperio. Local government in
330]. Compare with such a system can only
Transitory action. mean a measure of
decentralization of the
Local autonomy. Pol. Law. function of government.
Under the Constitution, it [Basco v. Pagcor, GR 91649.
involves a mere May 14, 1991].
decentralization of
administration, not of power, Local Government Code
in which local officials (LGC) of 1991. RA 7160
remain accountable to the entitled “An Act providing for
central government in the a Local Government Code of
manner the law may 1991” enacted on Oct. 10,
provide. [Ganzon v. CA, GR 1991 and took effect on Jan.
93252. Aug. 5, 1991]. 1, 1992.
Local chief executives. The Local government units

Provincial Governors, City or (LGUs). Provinces, cities,
Municipal Mayors and municipalities and
Punong Barangay, as the barangays. [Sec. 3, RA
case may be. [Sec. 3, RA 6735]. Also known as
6735]. Municipal corporations.
Local Disaster Local initiative. The legal

Coordinating Council. A process whereby the
group of persons at the registered voters of a local
provincial, municipal, or government unit may
barangay level, duly directly propose, enact, or
organized pursuant to PD amend any ordinance. [Sec.
1566. [Sec. 1, EO 948, Apr. 120, RA 7160].
23, 1984].
Local legislative bodies.
Local government. A The Sangguniang
political subdivision of a Panlalawigan, Sangguniang
nation or state which is Panlungsod, Sangguniang
constituted by law and has Bayan, and Sangguniang
substantial control of local (Barangay). [Sec. 3, RA
affairs. In a unitary system of 6735].
government, such as the
government under the Locally available materials.
Philippine Constitution, local Form lumber, gravel and
governments can only be an sand, nipa, sawali, old G.I.
668
sheets and other low-cost, apparatus which routes calls

indigenous or used materials through the network or
that could be used as inputs system. [Sec. 2, RA 7617].
in small infrastructure
projects. [Sec. 4, RA 7607]. Local union. Any labor
organization operating at the
Local referendum. The legal enterprise level. [Sec. 1,
process whereby the Rule 1, Book 5, IRR of LC].
registered voters of the local
government units may Local water utility. Any
approve, amend or reject district, city, municipality,
any ordinance enacted by province, investor-owned
the sanggunian. [Sec. 126, public utility or cooperative
RA 7160]. corporation which owns or
operates a water system
Local statute. A statute serving an urban center in
whose operation is confined the Philippines. [Sec. 3, PD
within territorial limits other 198].
than that of the whole state,
or applies to any political Location (of mining claim).
subdivision or subdivisions of The act of appropriating a
the state less than the mining claim on the public
whole, or to property and domain, according to
persons of a limited portion established law or rules.
of the state, or is directed to [Peña, Phil. Law on Natural
a specific locality or spot, as Resources, 1997 Rev. Ed., p.
distinguished from a law 87].
which operates throughout
the state. [Suarez, Stat. Location plan. A sketch
Con., (1993), p. 96]. which serves to determine
the location of the lot
Local telephone exchange. involved. [Moreno’s Law
1. An item of Dict., 2000 Ed., p. 279].
telecommunication
apparatus designated by the Lockout. 1. It comprises
grantee as such in its shutdowns, mass
application with the National retrenchment and
Telecommunications dismissals, without previous
Commission for a certificate written clearance from the
of public necessity and Secretary of Labor or his
convenience under Sec. 10 duly authorized
of RA 7678. [Sec. 2, RA representative. [Sec. 2, PD
7678]. 2. A central switching 823]. 2. The temporary
facility or a refusal of an employer to
telecommunications furnish work as a result of an
669
industrial or labor dispute. act that is being challenged.

[Art. 212, LC]. Compare with [Francisco v. HoR, GR
Shutdown. 160261. Nov. 10, 2003]. 2.
The legal interest which a
Lockup. It is included in the plaintiff must have in the
broader term "detention," subject matter of the suit.
which refers not only to the [Antonio v. Factoran, GR
placing of a person in an 101083. July 30, 1993]. See
enclosure which he cannot Legal standing.
leave, but also to any other
deprivation of liberty. Lode mineral claim. A parcel
[People v. Santos, GR No. of mineral lands containing a
117873, Dec. 22, 1997. vein, lode, ledge, lens, or
citing Aquino, The RPC, 1988 mass of ore in place which
Ed., Vol. III, pp. 1-2]. has been located in
accordance with law. [Sec.
Locus. Lat. The place. 18, PD 464].
2004]. Lodger. One who has merely
the use without the actual or
Locus criminis. Lat. The exclusive possession of his
locality of a crime. The place room. [Moreno’s Law Dict.,
where a crime was 2000 Ed., p. 279].
committed. [Claridades, A.,
Compilation of Notes, 2001- Lodging house. A building
2006]. where persons are supplied
with and charged for
Locus delicti. Lat. 1. The sleeping accommodations
place which has the most only. [Sec. 63, PD 856].
substantial or essential Compare with Boarding
connection with the act house.
[Paras, Phil. Conflict of Laws,
8th Ed. (1996), p. 392]. 2. Log-rolling legislation. See
The place of the offense. The Hodge-podge legislation.
place where an offense was
committed. [Claridades, A., Loko. Tag. 1. Notorious.
Compilation of Notes, 2001- [People v. Yarcia, GR L-
2006]. 31179. Oct. 26, 1983]. 2.
Fool, idiot or stupid.
Locus standi. Lat. 1. A [Moreno’s Law Dict., 2000
personal and substantial Ed., p. 279].
interest in the case such that
the party has sustained or Lone Candidate Law. RA
will sustain direct injury as a 8295, entitled “An Act
result of the governmental providing for the
670
proclamation of a lone liable, though at that time

candidate for any elective the extent of the loss may
office in a special election, not be ascertainable.
and for other purposes” [Tiopianco, Commentaries &
enacted on June 6, 1997. Jurisp. on the Ins. Code of
the Phil., 1999 Ed., p. 84-85,
Longa manu, traditio. See citing 7 Couch 5379].
Traditio longa manu.
Loss in insurance. The injury
Long arm statute. Intl. Law. or damage sustained by the
A law defining the conduct of insured in consequence of
a foreign person within a the happening of one or
state which will subject that more of the accidents or
person to the jurisdiction of misfortune against which the
the state. [Intl. Law Dict. & insurer, in consideration of
Direct., 2004]. the premium, has
undertaken to indemnify the
Long-term contracts. insured. [1 Bouv. Ins. No.
Building, installation or 1215; Black's Law Dict.;
construction contracts Cyclopedic Law Dict., cited in
covering a period in excess Martin's Phil. Comml. Laws,
of one (1) year. [Sec. 48, Vol. 1, 1961 ed. p. 608).
NIRC, as amended].
Loss of confidence. Pol.
Loss. 1. Mar. Law. A situation Law. The formal withdrawal
where no delivery at all was by an electorate of their
made by the shipper of the trust in a person's ability to
goods because the same had discharge his office
perished, gone out of previously bestowed on him
commerce, or disappeared in by the same electorate.
such a way that their [Evardone v. Comelec, GR
existence is unknown or they 94010. Dec. 2, 1991, citing
cannot be recovered. It does Orendain, Phil. Local Govt.
not include a situation where Annotated (1983)].
there was indeed delivery —
but delivery to the wrong Loss of standing in court.
person, or a misdelivery. [As Loss of the right of a party,
defined in Art. 18, CC and as by reason of having been
applied to Sec. 3 (6), par. 4 declared in default, to
of the Carriage of Goods by present his defense and
Sea Act]. 2. Ins. Injury or examine or cross-examine
damage caused by an witnesses. It does not mean
accident for which the nor constitute a waiver of all
insurer may, under the rights; what is waived only is
provision of the policy, be the right to he heard and to
671
present evidence during the

trial while default prevails. A Loss payable clause. Ins. A
party in default is still clause which entitles the loss
entitled to notice of final payee to collect from the
judgments and orders and policy to the extent of the
proceedings taken credit. Stated otherwise, as
subsequent thereto. [Garcia long as the insurable interest
v. CA, GR 83929. June 11, of the loss payee subsists,
1992]. the mortgagor has no right
to collect on the policy to the
Loss of the instrument; extent of that credit.
how shown. The loss may [Moreno’s Law Dict., 2000
be shown: (a) by any person Ed., p. 280].
who knew the fact of its loss;
(b) by anyone who has Lost things. Those things
made, in the judgment of the which are without a
court, a sufficient possessor, but are not res
examination in the place or nullius. [Tolentino, Civil Code
places where the document of the Phil., Vol. II, Repr.
or papers of similar 2001, p. 496, citing Brugi, p.
character are usually kept by 227].
the person in whose custody
the document lost was, and Lot line wall. A wall used
has been unable to find it; or only by the party upon
(c) by anyone who has made whose lot the wall is located,
any other investigation erected at a line separating
which is sufficient to satisfy two parcels of land each of
the court that the instrument which is a separate real
is indeed lost. [E. Michael & estate entity. [Sec. 3, BP
Co. v. Enriquez, GR 10824. 220].
Dec. 24, 1915]. See also
Execution and delivery of Lot or plot. A portion of a
the document; by whom subdivision or any parcel of
established and land intended as a unit for
Destruction of the transfer of ownership or for
instrument; how proved. building development. [Sec.
3, BP 220].
Loss of the thing due. A
thing is considered lost when Lottery. The term extends to
(a) it perishes, or (b) goes all schemes for the
out of commerce, or (c) it distribution of prizes by
disappears in such a way chance, such as policy
that its existence is unknown playing, gift exhibitions,
or it cannot be recovered. prize concerts, raffles at
[Art. 1189 (2), CC]. fairs, etc., and various forms
672
of gambling. [El Debate v. Luces. Any of several kinds of

Topacio, GR 19982. Dec. 29, sparklers. [Sec. 2, RA 7183].
1922, citing Horner v. US
(1892)]. Lucid interval. A period of
temporary sanity. [Ancheta,
Lottery. Essential elements: The Law on Obligations and
First, consideration; second, Contracts, Rev. Ed., p. 142].
prize and third, chance. [El
Debate v. Topacio, GR Lucrative. Profitable or
19982. Dec. 29, 1922, citing gainful. [In re: Keng Giok v.
Horner v. US (1892)]. Rep., GR L-13347. Aug. 31,
1961].
Low birth weight infant. A
newborn weighing less than Lucrative employment. A
two thousand five hundred gainful employment. It is not
(2,500) grams at birth. [Sec. only that the person having
3, RA 7600]. the employment gets
enough for his ordinary
Lowest complying and necessities in life. [Swee Din
responsible bid. The Tan v. Rep., 109 Phil. 287
proposal of one who offers (1960)]. It must be shown
the lowest price, meets all that the employment gives
the technical specifications one an income such that
and requirements of the there is an appreciable
supplies desired and, as a margin of his income over
dealer in the line of supplies his expenses as to be able to
involved, maintains a regular provide for an adequate
establishment, and has support in the event of
complied consistently with unemployment, sickness, or
previous commitments. [Sec. disability to work and thus
357, LGC]. avoid one's becoming the
object of charity or a public
LPG. Liquefied petroleum gas. charge. [Lim Biak Chiao v.
[Claridades, A., Compilation Rep., L-28541, Jan. 14,
of Notes, 2001-2006]. 1974].
LPG distributor. Any person Lucro cesante. Sp.

or entity, whether natural or Unrealized profit. Usually the
juridical, engaged in price which the thing could
exporting, refilling, have commanded on the
transporting, marketing, date the obligation should
and/or selling of LPG to end have been fulfilled, but was
users and other consumers. not. [Associated Realty v.
[Sec. 4, RA 8479]. CA, GR L-18056. Jan. 30,

673
1965]. See also Daño motor and those

emergente. establishments which
although not sawing timber,
Lugaw. 1. Powdered rice. have lumber for sale.
[People v. Igdanes, GR [Claridades, A., Compilation
105804. May 5, 1997]. 2. of Notes, 2001-2006].
Boiled rice. [Peole v. Liera,
GR L-32147-49. Mar. 17, Lump sum. The present
1978]. 3. Porridge. value of the basic monthly
[Claridades, A., Compilation pensions for five years
of Notes, 2001-2006]. discounted at a rate of
interest to be determined by
Lukaret. Tag. A crazy woman. the GSIS but not less than
[Claridades, A., Compilation six percent per annum. [Sec.
of Notes, 2001-2006]. 2, PD 1146].
Lumber. 1. A processed log Lump sum contract. A

or timber. [Lalican v. contract (with) a lump sum
Vergara, GR 108619. July 31, price and is not based upon
1997]. 2. Timber or logs the specified cost of a
after being prepared for the defined unit of work. [Baylen
market. [Webster's 3rd New Corp. v. CA, GR 76787. Dec.
Intl. Dict., 1993 Ed.]. 3. Solid 14, 1987].
wood not further
manufactured other than Lungga. Tag. It is known to
sawing, re-sawing, kiln- police as the area where
drying and passing drug traffickers and criminal
lengthwise through a elements abound. [People v.
standard planing machine, Boholst, GR 73008. July 23,
including boules or unedged 1987].
lumber. [Sec. 3.2 of DENR
Admin. Order No. 19, S. of Lupong Tagapamayapa.
1989, 17 March 1989]. The body organized in every
barangay composed of the
Lumber dealer. A person or punong barangay as
entity engaged in the buying chairman and ten (10) to
or selling, or both, of twenty (20) members. The
coconut logs, timber and/or lupon is constituted every
coconut tree lumber. [Sec. 3, three (3) years. [Art. 196,
PCA Admin. Order 1-95]. IRR of RA 7160].
Lumber yards or tablerias. Lyceum. The Latin word for

Those establishments which the Greek lykeion which in
are dedicated to the sawing turn referred to a locality on
of timber either by hand or the river Ilissius in ancient
674
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 an institution of learning.
While the Latin word Lyceum
has been incorporated into
the English language, the
word is also found in Spanish
(liceo) and in French (lycee).
[Lyceum of the Phil. v. CA,
GR 101897. Mar. 5, 1993].
Lye. A strongly alkaline

substance used in cleaning
and in making soap. [People
v. Hanasan, GR L-25989.
Sep. 30, 1969, citing
Webster's New World Dict.,
Coll. Ed., p. 876].

675
Implement Machinery Co. v.

Comm. of Customs, GR L-
12613. May 30, 1962, citing
Webster's Intl. Dict.].
Maceda Law. RA 6552

entitled "An Act to Provide
Protection to Buyers of Real
Estate on Installment
Payments" which took effect
on Sep. 14, 1972. [Jison v.
CA, 164 SCRA 339 (1988)].
Machinations in public
auctions. The solicitation of
any gift or promise as a
consideration for refraining
from taking 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
-M- real estate. It includes the
physical facilities available
Mabuhay. Tag. 1. Long live. for production, as well as the
[Claridades, A., Compilation installations and
of Notes, 2001-2006]. 2. appurtenant service
Sparklers bunched into a facilities, together with all
bundle of a dozen pieces. other equipment designed
[Sec. 2, RA 7183]. for or essential to its
manufacturing, industrial or
Macaroni. Kind of paste, agricultural purposes. [Sec.
composed chiefly of wheat 3, PD 464].
flour, dried in the form of
slender tubes. [Farm Madhhab (plural,
Madhahib). Any of the four
676
orthodox (Sunni) schools of therefor, and for other

Muslim law. [Art. 7, PD purposes” enacted on Dec.
1083]. 14, 1989.
Magistrate. Judicial officer Magna Carta for Disabled

exercising some of the Persons. RA 7277 entitled
functions of a judge. It also “An act providing for the
refers in a general way to a rehabilitation, self-
judge. [Jurist’s Legal Dict., development and self-
2004]. reliance of disabled persons
and their integration into the
Magna Carta. Charter to mainstream of society and
which subscribed King John for other purposes,” enacted
of England on June 12, 1215 on Mar. 24, 1992.
in which a basic set of limits
were set on the King's Magna Carta for Public
powers. King John had ruled School Teachers. RA 4670
tyrannically. His barons enacted on June 18, 1966.
rebelled and committed
themselves to war with King Magna Carta for Scientists,
John unless he agreed to the Engineers, Researchers
Charter. Held to be the and other S & T
precursor of habeas corpus Personnel in the
as Article 39 of the Magna Government. RA 8439
Carta held that no man shall entitled “An Act providing a
be "imprisoned, exiled or Magna Carta for scientists,
destroyed ... except by engineers, researchers and
lawful judgment of his peers other science and
or by the law of the land". technology personnel in
[LawInfo Legal Dictionary government” enacted on
(2005)]. Dec. 22, 1997.
Magna Carta for Magna Carta for Small

Countryside and Enterprise. RA 6977
Barangay Business entitled “An Act to promote,
Enterprises (Kalakalan develop and assist small and
20). RA 6810 entitled “An medium scale enterprises
act establishing the magna through the creation of a
carta for countryside and Small and Medium
barangay business Enterprise Development
enterprises, granting (SMED) Council, and the
exemptions from any and all rationalization of
government rules and government assistance
regulations and other programs and agencies
incentives and benefits concerned with the
677
development of small and Lund, 15 A. 2d., 839, 143 Pa.

medium enterprises, and for Super. 208].
other purposes” enacted on
Jan. 24, 1991. Mail or mail matters. All
matters authorized by the
Magna Carta of Public Government to be delivered
Health Workers. RA 7305 through the postal service
enacted on Mar. 26, 1992. and shall include letters,
parcels, printed materials,
Magna Carta of Small and money orders. [Sec. 2,
Farmers. RA 7607 entitled RA 7354].
“An Act providing a Magna
Carta of small farmers” Main canal. The channel
enacted on June 4, 1992. where diverted water from a
source flows to the intended
Magnetic media. A storage area to be irrigated. [Sec. 4,
medium or device RA 8435].
characterized by a base,
usually plastic, coated with Maintainer or Manager or
ferric oxide powder, in which Operator. Any person who
visual and/or aural maintains, manages or
information, or software operates any illegal number
code, may be recorded or game in a specific area from
stored, including, but not whom the coordinator,
limited to, magnetic tape, controller or supervisor, and
cassettes, video tape, collector or agent take
diskettes, and floppy discs. orders. [Sec. 2, RA 9287].
[Sec. 3, RA 9239].
Maintenance. The obligation
Mail fraud orders. Orders of one person to contribute,
designed to prevent the use in part or in whole, to the
of the mails as a medium for cost of living of another
disseminating printed person. Also known as
matters which on grounds of Support (spousal or child) or
public policy are declared Alimony. [Duhaime's Legal
non-mailable. As applied to Dict., 2004].
lotteries, gift enterprises and
similar schemes, justification Maintenance of
lies in the recognized membership. Labor. An
necessity to suppress their agreement under which non-
tendency to inflame the members are not required to
gambling spirit and to join the union, but those who
corrupt public morals. do join must maintain their
[Caltex (Phils.) Inc. v. membership for the duration
Palomar, citing Com. v. of the union contract under
678
penalty of discharge. subsidiary of such person.

[Poquiz, Labor Rel. Law, [Sec. 3, RA 2629]. See
1999 Ed. p. 157, citing Wholly-owned subsidiary
Reynolds, Economics and of a person.
Labor Relations, p. 226].
Majority rule. See Rule of
Majority. The number greater majority.
than half or more than half
of any total. [Perez v. Dela Major language. A language
Cruz, GR L-29458. Mar. 28, spoken and used by at least
1969, citing Webster's Intl. 1/50 or 2% of all Filipinos,
Dict., Unabr.]. based on the most recent
available data of the
Majority of one. Pol. Law. National Statistics Office.
The lone dissenting vote of [Sec. 3, RA 7104].
one Sandiganbayan justice
which will prevent a decision Major or extraordinary
of the two other members of repair. Alteration, addition,
the division as a unanimous partition, extension, and
vote is required for such other construction or
decision. [Suarez, Pol. Law installation which materially
Reviewer, 1st Ed., 2002, p. increases the value or
59]. extend the useful life of the
structure or equipment. [IRR
Majority opinion. An opinion on Supply & Prop. Mgt., per
usually written by one judge Sec. 383, LGC].
on behalf of a majority of his
colleagues on a court and on Maker. One who makes,
which they agree. Such an promise and signs the
opinion has more instrument. [Claridades, A.,
precedential value than Compilation of Notes, 2001-
other kinds of opinions. [Intl. 2006]. See Payee.
Compare with Minority Making and importing and
opinion. uttering false coins. Crim.
Law. The felony committed
Majority-owned subsidiary by any person who makes,
of a person. A company imports, or utters, false
fifty per centum or more of coins, in connivance with
the outstanding voting counterfeiters, or importers.
securities of which are [Art. 163, RPC].
owned by such person, or by
a company which, within the Mala in se. Lat. Wrong in
meaning of this paragraph, themselves. [Claridades, A.,
is a majority-owned
679

2006]. See Acts mala in se. Malice in fact. Also Express
malice. Malice shown by
Mala prohibita. Lat. Wrong proof of ill-will, hatred, or
because they are prohibited purpose to injure.
by law. [Claridades, A., [Claridades, A., Compilation
Compilation of Notes, 2001- of Notes, 2001-2006].
2006]. See Acts mala
prohibita. Malice in law. The
presumption that every
Maldito. Tag. A tough guy. defamatory imputation is
[People v. Toring, GR 56358. malicious, even if it be true,
Oct. 26, 1990]. if no good intention and
justifiable motive for making
Malevolent. Wishing evil; it is shown. [Art. 354, RPC].
disposed to injure; arising
from or indicative of ill-will. Malicia. Sp. The term
[Moreno’s Law Dict., 2000 indicates what the ordinary
Ed., p. 283]. use of the word connotes,
that the action complained
Malfeasance. 1. Doing of must be the result of a
something which is illegal. 2. deliberate evil intent and
The commission of an does not cover a mere
unlawful act. [Glossary of voluntary act. [People v.
Legal Terms (Pro-Se), Malabanan, GR 43430. Jan.
2004]. Compare with 7, 1936, citing 21
Misfeasance and Enciclopedia Juridica
Nonfeasance. Española, p. 542].
Malice. The intentional doing Malicious mischief. Crim.

of a wrongful act without just Law. The felony committed
cause or excuse, with an by any person who shall
intent to inflict an injury or deliberately cause the
under circumstances that property of another any
the law will imply an evil damage. [Art. 327, RPC].
intent. A condition of the
mind which prompts a Malicious mischief. Crim.
person to do a wrongful act Law. Elements: (a) The
willfully, that is, on purpose offender deliberately caused
to the injury of another, or to damage to the property of
do intentionally a wrongful another; (b) the damage
act toward another without caused did not constitute
justification or excuse. arson or crimes involving
[Black’s Law Dict., Abr. 5th destructions; and (c) the
Ed. (1983), p. 492]. damage was caused
680
maliciously by the offender. injuring the defendant and

[Claridades, A., Compilation without probable cause, and
of Notes, 2001-2006]. which terminates in favor of
the person prosecuted.
Malicious mischief, special [Glossary of Legal Terms
cases of. Crim. Law. The (Pro-Se), 2004].
person who shall cause Malicious prosecution.
damage to obstruct the Elements: (a) Malice; and (b)
performance of public absence of probable cause.
functions, or using any [China Banking Corp. v. CA,
poisonous or corrosive GR 94182. Mar. 28, 1994].
substance; or spreading any
infection or contagion Malingerer. A person who
among cattle; or who cause pretends or protracts illness
damage to the property of or injury to escape work or
the National Museum or duty. [Olarte, Legal Med., 1st
National Library, or to any Ed. (2004), p. 158].
archive or registry,
waterworks, road, Malpractice. Any
promenade, or any other professional misconduct.
thing used in common by the [Glossary of Legal Terms
public. [Art. 328, RPC]. (Pro-Se), 2004].
Malicious prosecution. 1. Malpractice defense. The

An action for damages area of law that focuses on
brought by one against representing those
whom a criminal professionals who have been
prosecution, civil suit, or accused of negligence,
other legal proceeding has misconduct, lack of ordinary
been instituted maliciously skill, or a breach of duty in
and without probable cause, the performance of a
after the termination of such professional service
prosecution, suit, or other (medicine, law, etc.)
proceeding in favor of the resulting in injury or loss.
defendant therein. The gist [LawInfo Legal Dictionary
of the action is the putting of (2005)].
legal process in force,
regularly, for the mere Maltreatment. Crim. Law.
purpose of vexation or The felony committed when
injury. [Black's Law Dict., the offender shall ill-treat
Rev. 4th Ed., 1986, p. 1111, another by deed without
cited in 199 SCRA 63 causing any injury. [Art. 266,
(1991)]. 2. An action RPC].
instituted with intention of
681
Maltreatment of prisoners. and (d) he has appropriated,

Crim. Law. The felony taken or misappropriated, or
committed by any public has consented to, or through
officer or employee who abandonment or negligence
shall overdo himself in the permitted, the taking by
correction or handling of a another person of, such
prisoner or detention funds or property. [Nizurtado
prisoner under his charge, v. Sandiganbayan, GR
by the imposition of 107383. Dec. 7, 1994].
punishment not authorized
by the regulations, or by Malversation of public
inflicting such punishment in funds or property. Crim.
a cruel and humiliating Law. The felony committed
manner. [Art. 235, RPC]. by any public officer who, by
reason of the duties of his
Malum in se. Lat. Wrong in office, is accountable for
itself. [Claridades, A., public funds or property,
Compilation of Notes, 2001- shall appropriate the same,
2006]. or shall take or
misappropriate or shall
Malum prohibitum. Lat. 1. consent, or through
An act proscribed by the abandonment or negligence,
legislature for being deemed shall permit any other
pernicious and inimical to person to take such public
public welfare. [People v. funds or property, wholly or
Reyes, GR 101127-31. Nov. partially, or shall otherwise
18, 1993]. 2. Wrong because be guilty the
it is prohibited by law. misappropriation or
[Claridades, A., Compilation malversation of such funds
of Notes, 2001-2006]. or property. [Art. 217, RPC].
Malus animus. Lat. A Malversation of public

criminal intent. [People v. funds or property.
Quijada, GR 115008-09. July Elements: (a) That the
24, 1996]. offender be a public officer;
(b) that he had the custody
Malversation. Elements: (a) or control of funds or
The offender is a public property by reason of the
officer; (b) he has the duties of his office; (c) that
custody or control of funds those funds or property were
or property by reason of the public funds or property for
duties of his office; (c) the which he was accountable;
funds or property involved (d) that he appropriated,
are public funds or property took, misappropriated or
for which he is accountable; consented or, through
682
abandonment or negligence vested with power or

permitted another person to prerogatives to lay down and
take them. [Agbanlog v. execute management
People, GR 105907. May 24, policies and/or to hire,
1993, citing II Reyes, The transfer, suspend, lay-off,
Rev. Penal Code, p. 391 recall, discharge, assign or
(1981 ed.)]. discipline employees. [Art.
212, LC].
Management prerogatives.
Except as limited by special Managerial function. The
laws, the freedom of an exercise of powers such as:
employer to regulate, (a) to effectively recommend
according to his own such managerial actions; (b)
discretion and judgment, all to formulate or execute
aspects of employment, management policies and
including hiring, work decisions; or (c) to hire,
assignments, working transfer, suspend, lay off,
methods, time, place and recall, dismiss, assign or
manner of work, tools to be discipline employees.
used, processes to be [Arizala v. CA, GR 43633-34.
followed, supervision of Sep. 14, 1990, citing Sec. 1
workers, working (1), Rule I, IRR, EO 180].
regulations, transfer of
employees, work Managerial staff. Under Rule
supervision, lay-off of I, Sec. 2(c), Book II of the
workers and the discipline, Implementing Rules of the
dismissal and recall of work. Labor Code, to be a member
[San Miguel Brewery Sales of a managerial staff, the
Force Union (PTGWO) v. following elements must
Ople, GR 53515. Feb. 8, concur or co-exist, to wit: (a)
1989]. that his primary duty
consists of the performance
Manager. See Maintainer. of work directly related to
management policies; (b)
Managerial employee. 1. An that he customarily and
employee whose primary regularly exercises
duty consists of the discretion and independent
management of the judgment in the
establishment in which they performance of his functions;
are employed or of a (c) that he regularly and
department or subdivision directly assists in the
thereof, and to other officers management of the
or members of the establishment; and (d) that
managerial staff. [Art. 82, he does not devote twenty
LC]. 2. An employee who is per cent of his time to work
683
other than those described 2004]. Compare with

above. [Villuga v. NLRC, GR Mandatory injunction.
75038. Aug. 23, 1993].
Mandamus, petition for.
Manager’s check. A check Rem. Law. When any
drawn by a manager of the tribunal, corporation, board,
bank, in the name of the officer or person unlawfully
bank against the bank itself neglects the performance of
payable to the order of a an act which the law
third person. [Diaz, Bus. Law specifically enjoins as a duty
Rev., 1991 Ed., p. 380]. resulting from an office,
trust, or station, or
Managing partner. A unlawfully excludes another
partner who is designated to from the use and enjoyment
manage the business of the of a right or office to which
partnership. [Diaz, Bus. Law such other is entitled, and
Rev., 1991 Ed., p. 189]. there is no other plain,
speedy and adequate
Mananaya. See Bettor. remedy in the ordinary
course of law, the person
Mandala. Tag. A big stack of aggrieved thereby may file a
palay. [Moreno’s Law Dict., verified petition in the
2000 Ed., p. 286]. proper court, alleging the
facts with certainty and
Mandamus. Rem. Law. 1. A praying that judgment be
special civil action to compel rendered commanding the
an officer to perform a respondent, immediately or
ministerial duty but not to at some other time to be
compel the performance of a specified by the court, to do
discretionary duty. [Calderon the act required to be done
v. Sol. Gen., GR 103752-53. to protect the rights of the
Nov. 25, 1992]. 2. A writ petitioner, and to pay the
which commands an damages sustained by the
individual, organization (e.g., petitioner by reason of the
government), administrative wrongful acts of the
tribunal or court to perform a respondent. [Sec. 3, Rule 65,
certain action, usually to RoC].
correct a prior illegal action
or a failure to act in the first Mandamus; requisites for
place. [Duhaime's Legal issuance of writ. Rem.
Dict., 2004]. 3. A writ by Law. It is essential for a writ
which a court commands the of mandamus to issue that
performance of a particular the applicant has a well-
act. [Jurist’s Legal Dict., defined, clear and certain
legal right to the thing
684
demanded and that it is the Mandatory statutes. Laws

imperative duty of defendant which contain words of
to perform the act required. command or of prohibition
The corresponding duty of and non-compliance with the
the respondent to perform same renders the
the required act must be proceedings to which it
clear and specific. [Valmonte relates illegal and void.
v. Belmonte, GR 74930. Feb. [Suarez, Stat. Con., (1993),
13, 1989]. p. 92]. Compare with
Directory statutes.
Mandamus, writ of. Rem.
Law. A writ which may issue Mangkukulam. A witch, or
to compel the exercise of one who practices
discretion but not to control witchcraft. [People v. Sario,
it. Mandamus can require GR L-20754 & L-20759. June
action only but not specific 30, 1966].
action where the act sought
to be performed involves the Manglares. See Mangrove
exercise of discretion [Assoc. swamps.
of Small Landowners in the
Phil. v. Sec. of Agrarian Mangrove. 1. A community of
Reform, 175 SCRA 343, intertidal plants including all
citing Lamb v. Phipps, 22 species of trees, shrubs,
Phil. 456]. vines and herbs found on
coasts, swamps, or border of
Mandatory activity. Labor. A swamps. [Sec. 4, RA 8550].
judicial process of settling 2. The type of forest
dispute laid down by the law. occurring on tidal flat along
[Galvadores v. Trajano, GR L- the sea coast, extending
70067, Sep. 15, 1986, 144 along streams where the
SCRA 138]. water is brackish. [Sec. 3, PD
705].
Mandatory injunction. Rem.
Law. One that requires the Mangrove swamps. Also
performance of a particular Manglares. Mud flats,
act. It commands acts to be alternately washed and
done or undone and may exposed by the tide, in
require performance of which grows various kindred
affirmative acts. [Moreno’s plants which will not live
Law Dict., 2000 Ed., p. 287]. except when watered by the
Compare with Mandamus sea, extending their roots
and Prohibitory deep into the mud and
injunction. casting their seeds, which
also germinate there.

685
[Montano v. Insular Govt., 12 1997 Bar, UPLC, (2002), p.

Phil. 572]. 55]. Compare with
Cognition theory.
Mania. Legal Med. A disorder
characterized by excessive Manlilikha ng Bayan. A
physical activity and feelings citizen or a group of citizens
of extreme elation that are engaged in any traditional
grossly out of proportion to art uniquely Filipino, whose
any positive event. [Olarte, distinctive skills have
Legal Med., 1st Ed. (2004), p. reached such a high level of
138]. Compare with technical and artistic
Depression. excellence and have been
passed on to and widely
Manifest. Document used in practiced by the present
shipping and warehousing generations in his/her
containing a list of the community with the same
contents, value, origin, degree of technical and
carrier and destination of the artistic competence. [Sec. 3,
goods to be shipped or RA 7355].
warehoused. [Moreno’s Law
Dict., 2000 Ed., p. 287]. Manlilikha ng Bayan Act.
RA 7355 entitled “An Act
Manifesta probationee non providing for the recognition
indigent. Lat. That which is of national living treasures,
known need not be proved. otherwise known as the
[Moreno’s Law Dict., 2000 Manlilikha ng Bayan, and the
Ed., p. 287]. promotion and development
of traditional folk arts,
Manifestation. A providing funds therefor, and
memorandum manifesting for other purposes” enacted
and informing the court on Apr. 3, 1992.
about certain matters
concerning the case. It is not Manning agency. Any
entitled to any affirmative person or entity duly
action by the court, unlike a licensed by the Sec. of Labor
motion which is. [Moreno’s to recruit seamen for vessels
Law Dict., 2000 Ed., p. 287]. plying international waters
and for related maritime
Manifestation theory. activities. [Sec. 1, Rule 1,
Under this theory, the IRR of LC].
contract is perfected at the
moment when the Manong. Ilok. A sign of
acceptance is declared or respect due an elder
made by the offeree. brother. [People v. Somera,
[Suggested Answer for the GR L-47275. Feb. 21, 1989].
686
repacking, altering,
Manoy. Tag. A term of ornamenting, finishing, or
respect for an older man. otherwise changing the
[People v. Malbago, GR container, wrapper, or
37679. May 14, 1990]. labeling of a consumer
product in the furtherance of
Manpower. 1. That portion of the distribution of the same
the nation's population from the original place of
which has actual or potential manufacture to the person
capability to contribute who makes the final delivery
directly to the production of or sale to the ultimate
goods and services. [Art. 44, consumer. [Sec. 4, RA 8423].
LC]. 2. Optical Media Law. The
act or business of producing
Manpower and Out-of- optical media or devices
School Youth containing sounds and/or
Development Act. RA images, or software code,
5462. [Expressly repealed by including any work protected
the Labor Code]. in Part IV of the IP Code (RA
8293), by mastering and/or
Manslaughter. The unlawful replication. In relation to
killing of another without equipment, manufacture
malice, either express or shall refer to the assembly
implied. Such may be either or integration of various
voluntary, upon a sudden components into any
heat, or involuntarily, but in equipment useful for the
the commission of some mastering, manufacture
unlawful act. [Black’s Law and/or replication of optical
Dict., Abr. 5th Ed. (1983), p. media. [Sec. 3, RA 9239]. 3.
496]. Dangerous drugs law. The
production, preparation,
Manual rape. For lack of a compounding or processing
more descriptive term, the of any dangerous drug
term used to refer to rape and/or controlled precursor
caused not by the penis but and essential chemical,
by the fingers. [People v. either directly or indirectly or
Salomon, GR 96848. Jan. 21, by extraction from
1994]. substances of natural origin,
or independently by means
Manufacture. 1. Consumer of chemical synthesis or by a
Law. Any and all operations combination of extraction
involved in the production, and chemical synthesis, and
including preparation, shall include any packaging
propagation, processing, or repackaging of such
formulating, filling, packing, substances, design or
687
configuration of its form, or substance in the course of

labeling or relabeling of its his professional practice.
container; except that such [Sec. 2, RA 6425].
terms do not include the
preparation, compounding, Manufacturer. 1. Any person
packaging or labeling of a entity, including a re-packer,
drug or other substances by who makes, fabricates,
a duly authorized assembles, processes, or
practitioner as an incident to labels a finished product.
his/her administration or [Sec. 4, RA 9211]. 2. The
dispensation of such drug or refinery in case of refined
substance in the course of sugar or cooking oil, the
his/her professional practice miller in case of flour or rice,
including research, teaching or the importer in case of
and chemical analysis of imported processed foods or
dangerous drugs or such food products, or the
substances that are not processor in case of other
intended for sale or for any processed foods or foods
other purpose. [Sec 3, RA products. [Sec. 3, RA 8976].
9165]. 3. Every person who, by
physical or chemical
Manufacture of dangerous process, alters the exterior
drug. The production, texture or form or inner
preparation, compounding or substance of any raw
processing of a dangerous material or manufactured or
drug either directly or partially manufactured
indirectly or by extraction product in such manner as
from substances of natural to have been put in its
origin, or independently by original condition, or who by
means of chemical synthesis any such process alters the
or by a combination of quality of any such raw
extraction and chemical material or manufactured or
synthesis, and shall include partially manufactured
any packaging or products so as to reduce it to
repackaging of such marketable shape or prepare
substance or labeling or it for any of the use of
relabeling of its container; industry, or who by any such
except that such term does process combines any such
not include the preparation, raw material or
compounding, packaging, or manufactured or partially
labeling of a drug or other manufactured products with
substance by a duly other materials or products
authorized practitioner as an of the same or of different
incident to his administration kinds and in such manner
or dispensing of such drug or that the finished products of
688
such process or manufacture known or to be known in the

can be put to a special use future, intended or design
or uses to which such raw for the production or
material or manufactured or manufacture, by mastering
partially manufactured and/or replication of optical
products in their original media, optical media
condition could not have masters, or production parts
been put, and who in thereof. For the purpose of
addition alters such raw RA 9239, optical disc writers
material or manufactured or and such other devices used
partially manufactured in personal computers not
products, or combines the for commercial purposes
same to produce such shall not be considered as
finished products for the manufacturing equipment.
purpose of their sale or [Sec. 3, RA 9239].
distribution to others and not
for his own use or Manufacturing material.
consumption. [Sec. 131, RA Any material such as, but
7160]. not limited to, optical grade
polycarbonate or
Manufacturing and polycarbonate substitutes
possession of with physical properties
instruments or suitable for the manufacture
implements for of optical media. [Sec. 3, RA
falsification. Crim. Law. 9239].
person who shall make or Mapping projects. Public
introduce into the Philippines land subdivision mapping
any stamps, dies, marks, or (Plsm) and photo-cadastral
other instruments or mapping (Pcadm) projects of
implements intended to be which the greater bulk of the
used in the commission of activities is sketching which
the offenses of leads to the preparation of
counterfeiting or mere graphical sketches or
falsification. mentioned in maps. [Dir. of Lands v. Sec.
the Rev. Penal Code, or who, of ENR, GR 79684. Feb. 19,
with the intention of using 1991]. Compare with
them, shall have in his Cadastral survey.
possession any of the
instruments or implements Marginal farmer or
mentioned. [Art. 176, RPC]. fisherman. An individual
engaged in subsistence
Manufacturing equipment. farming or fishing which
Any and all equipment, shall be limited to the sale,
machine or device, now barter or exchange of
689
agricultural or marine
products produced by Marginal fisherman. An
himself and his immediate individual engaged in fishing
family. [Sec. 131, RA 7160]. whose margin of return or
reward in his harvest of fish
Marginalized disabled as measured by existing
persons. Disabled persons price levels is barely
who lack access to sufficient to yield a profit or
rehabilitative services and cover the cost of gathering
opportunities to be able to the fish. [Tano v. Socrates,
participate fully in GR 110249. Aug. 21, 1997,
socioeconomic activities and citing Webster's 3rd New Intl.
who have no means of Dict., p. 1381 (1993)].
livelihood and whose Compare with Subsistence
incomes fall below the fisherman.
poverty threshold. [Sec. 4,
RA 7277]. Margin levy (on foreign
exchange). A form of
Margin. A landward and outer exchange control or
limiting edge adjacent to the restriction designed to
border of any water bodies discourage imports and
or a limit beyond where encourage exports and
beyond where saturation ultimately curtail any
zone ceases to exist. [Sec 4, excessive demand upon the
RA 9275]. international reserve in order
to stabilize the currency.
Marginal deposit. A [Moreno’s Law Dict., 2000
collateral security given by Ed., p. 288].
the debtor (for a letter of
credit), and is supposed to Margin of solvency. An
be returned to him upon his excess of the value of the
compliance with his secured admitted assets required to
obligation. [Abad v. CA, GR be maintained by an
42735. Jan. 22, 1990]. insurance company doing
business in the Philippines
Marginal farmer or exclusive of its paid-up
fisherman. An individual capital, in the case of a
engaged in subsistence domestic company, or an
farming or fishing which excess of the value of its
shall be limited to the sale, admitted assets in the
barter or exchange of Philippines, exclusive of its
agricultural or marine security deposits, in the case
products produced by of a foreign company, over
himself and his immediate the amount of its liabilities,
family. [Sec. 131(p), LGC]. unearned premium and
690
reinsurance reserves in the maintenance, use, repair, or

Philippines of at least two construction of any vessel,
per mille of the total amount craft or instrumentality in
of its insurance in force as of use of ocean or inland
the preceding calendar year waterways, including liability
on all policies, except term of the insured for personal
insurance, in the case of a injury, illness or death or for
life insurance company, or of loss of or damage to the
at least ten per centum of property of another person.
the total amount of its net [Sec. 99, IC].
premium written during the
preceding calendar year, in Marine protest. A written
the case of a company other statement under oath, made
than a life insurance by the master of a vessel
company. [Sec. 194, IC]. after the occurrence of an
accident or disaster in which
Marijuana or Indian hemp. the vessel or cargo is lost or
See Cannabis. injured, with respect to the
circumstances attending
MARINA. Maritime Industry such occurrence. It is usually
Authority. [Sec. 3, RA 9295]. intended to show that the
loss or damage resulted
Marine insurance. Insurance from a peril of the sea, or
against risks connected with from some other cause for
navigation to which a ship, which neither the master nor
cargo, freightage, profits or the owner was responsible,
other insurable interest in and concludes with the
movable property may be protestation against any
exposed during a certain liability of the owner for such
voyage a fixed period of loss or damage. [Moreno’s
time. Law Dict., 2000 Ed., pp. 288-
289].
Marine parks. Any off-shore
area inhabited by rare and Marine risk note. An
unique species of marine acknowledgment or
flora and fauna. [Sec. 3, PD declaration of the insurer
705]. confirming the specific
shipment covered by its
Marine protection and Marine Open Policy, the
indemnity insurance. evaluation of the cargo and
Insurance against, or against the chargeable premium.
legal liability of the insured [Aboitiz Shipping Corp. v.
for loss, damage, or expense Phil. Amer. Gen. Ins. Co., GR
incident to ownership, 77530. Oct. 5, 1989].
operation, chartering,
691
Marital disqualification shipping lines, stevedoring

rule. The disqualification of arrastre and customs
the husband or the wife to brokerage services,
testify, during their shipyards, drydocks, marine
marriage, for or against the railways, marine repair
other without the consent of shops, shipping and freight
the affected spouse, except forwarding agencies and
in a civil case by one against similar enterprises. [Sec. 3,
the other, or in a criminal PD 474].
case for a crime committed
by one against the other or Maritime law. A very specific
the latter's direct body of law peculiar to
descendants or ascendants. transportation by water,
[Sec. 22, Rule 130, RoC]. seamen and harbors.
Maritime commerce. The 2004]. See also Admiralty
business of navigation upon law.
the sea, or to business
transacted on the sea or in Maritime lien. A charge or
seaports. [Torres, Oblig. & claim against a vessel or its
Cont., 2000 Ed., p. 344]. cargo. [Intl. Law Dict. &
Direct., 2004].
Maritime domain. Also
Fluvial domain. The bodies Mark. Any visible sign
of water within the land capable of distinguishing the
mass and the waters goods (trademark) or
adjacent to the coasts of a services (service mark) of an
state to a specified limit, enterprise and shall include
including land-locked lakes, a stamped or marked
rivers, man-made canals, the container of goods. [Sec. 38,
waters in certain gulfs, bays RA 166].
and straits, and the
territorial sea. [Cruz, Intl. Market access opportunity.
Law Reviewer, 1996 Ed., p. The percentage of the total
61]. annual volume of imports of
an agricultural product to
Maritime industry. All the corresponding total
enterprises engaged in the volume of domestic
business of designing, consumption of the said
constructing, manufacturing, product in the country in the
acquiring, operating, three (3) immediately
supplying, repairing and/or preceding years for which
maintaining vessels, or data are available. [Sec. 4,
component parts thereof; of RA 8800].
managing and/or operating
692
Market-driven strategy. which it is adapted and for

See User-led strategy. which it is capable of being
used. The price which a
Market infrastructure. 1. willing seller would sell and
Facilities including, but not willing buyer would buy,
limited to, market buildings, neither being under
slaughterhouses, holding abnormal pressure. [Sec. 3,
pens, warehouses, market PD 464]. 2. That reasonable
information centers, sum which the property
connecting roads, transport would bring on a fair sale by
and communication and cold a man willing but not obliged
storage used by the farmers to sell to a man willing but
and fisherfolk in marketing not obliged to buy.
their produce. [Sec. 4, RA [Sedgewick on Damages,
8435]. 2. Facilities such as Sec. 245. Cited in
market buildings, Compagnie Franco-Indo
slaughterhouses, holding Chinoise v. Deutch-
pens and cold storage used Australische, 39 Phil., 474].
by the farmers in marketing 3. A basis for the amount in
their produce. [Sec. 4, RA which the property is to be
7607]. disposed of. It is the amount
which can be bought or sold
Marketing cooperative. One for at the real estate market,
which engages in the supply between a willing buyer and
of production inputs to willing seller, both having
members and markets their reasonable knowledge of all
products. [Art. 23, RA 6938]. relevant facts and with
equity to both. [Memo. from
Market price. The price the Exec. Sec. dated Aug.
which would be realized for 20, 1998].
petroleum produced under a
contract if sold in a Marking. Evid. The marking
transaction between of all exhibits to facilitate
independent persons dealing their identification. It may be
at arm's length in a free made at the pre-trial or
market. [Sec. 3, PD 87]. during the trial. The plaintiff
and the prosecution use
Market value. 1. The highest capital letters (“A”, “B”, “C",
price estimated in terms of etc.) and the accused use
money which the property Arabic numbers (“1”, “2”,
will buy if exposed for sale in “3”, etc.).
the open market allowing a
reasonable time to find a Marriage. 1. A special
purchaser who buys with contract of permanent union
knowledge of all the uses to between a man and a
693
woman entered into in marriage ceremony which

accordance with law for the takes place with the
establishment of conjugal appearance of the
and family life. It is the contracting parties before
foundation of the family and the solemnizing officer and
an inviolable social their personal declaration
institution whose nature, that they take each other as
consequences, and incidents husband and wife in the
are governed by law and not presence of not less than
subject to stipulation, except two witnesses of legal age.
that marriage settlements [Art. 3, FC].
may fix the property
relations during the Marriage contracted
marriage within the limits against provisions of
provided by the Family laws. Crim. Law. The felony
Code. [Art. 1, FC]. 2. It is not committed by any person
only a civil contract, but it is who, without being included
a new relation, an institution in the provisions of the Art.
in the maintenance of which 349 of the Rev. Penal Code,
the public is deeply shall have contracted
interested. [Adong v. Cheong marriage knowing that the
See Gee, GR L-18081. Mar. requirements of the law
3, 1922]. 3. The state- have not been complied with
recognized, voluntary and or that the marriage is in
exclusive contract for the disregard of a legal
lifelong union of two impediment, or by either of
persons. [Duhaime's Legal the contracting parties who
Dict., 2004]. shall obtain the consent of
the other by means of
Marriage. Essential requisites violence, intimidation or
for validity: (a) Legal fraud. [Art. 350, RPC].
capacity of the contracting
parties who must be a male Marriage license. An
and a female; and (b) authority given by the state
Consent freely given in the to its citizens to enable them
presence of the solemnizing to get married. A positive
officer. [Art. 2, FC]. testimony that the parties
possess all the qualifications
Marriage. Formal requisites and none of the
for validity: (a) Authority of disqualifications provided by
the solemnizing officer; (b) a law for marriage. [Moreno’s
valid marriage license; Law Dict., 2000 Ed., p. 290].
except in the cases provided
for in Chap. 2, Title I of the Marriage settlement. A
Family Code; and (c) a contract entered into by a
694
man and a woman who Smith, DC Text, 57 F. 2d

intend or plan to get married 239]. 2. The exercise of the
fixing the property regime power which resides in the
that will govern their present executive branch of the
and future properties during government to preserve
their marriage. [Claridades, order and insure the public
A., Compilation of Notes, safety in times of
2001-2006]. emergency, when other
branches of the government
Marshall dictum. “The are unable to function, or
power to tax is the power to their functioning would itself
destroy.” [Claridades, A., threaten the public safety.
Compilation of Notes, 2001- [Javellana v. Exec. Sec., GR
2006]. Compare with L-36142. Mar. 31, 1973].
Holmes dictum. See
Power to tax is the power Martial law power of the
to destroy. President. The power of the
President, as the
Marshalling yard. A Commander-in-Chief of all
designated open storage armed forces of the
area within the container Philippines, to call out such
terminal where containers armed forces, whenever it
are stocked systematically in becomes necessary, to
preparation for loading prevent or suppress lawless
aboard the container ship. violence, invasion or
[Sec. 1, PPA Admin. Order rebellion, and, in case of
08-79]. invasion or rebellion, when
the public safety requires it,
Marshy land. Land bordering to suspend, for a period not
on shores and banks of exceeding sixty days, the
navigable rivers and lakes; it privilege of the writ of
is generally swampy or soft habeas corpus or place the
wet land. [Peña, Phil. Law on Philippines or any part
Natural Resources, 1997 thereof under martial law.
Rev. Ed., p. 87]. [Sec. 10 (2), Art. VII, 1987
Const.].
Martial law. 1. A law of
actual military necessity in Masama. A Tagalog term
actual presence of war, and which connotes bad or evil.
is administered by the [Moreno’s Law Dict., 2000
general of the army, whose Ed., p. 290].
will it is, subject to slight
limitations." [In Re: Aquino v. Masiao. An illegal numbers
Enrile, GR L-35546. Sep. 17, game where the winning
1974, citing Constantin v. combination is derived from
695
the results of the last game permitted by the Secretary

of Jai Alai or the Special or his authorized
Llave portion or any result representative to massage
thereof based on any customers under the
fictitious Jai Alai game guidance and supervision of
consisting of ten (10) players a masseur. [Sec. 59, PD
pitted against one another, 856].
and its variants. [Sec. 2, RA
9287]. Masseur. A trained person
duly licensed by the
Mask. A covering for the face. Secretary or his authorized
[People v. Almenario, GR representative to perform
66420. Apr. 17, 1989]. massage and to supervise
Compare with Hood. massage clinic attendants.
[Sec. 59, PD 856].
Masochism. Legal Med. The
sexual enjoyment a person Mass media. 1. Any means
receives from being harmed, or methods used to convey
threatened or abused. The advertising messages to the
pain and humiliation from public such as television,
the partner is the primary radio, magazines, cinema,
factor for sexual billboards, posters,
gratification. The sexual streamers, hand bills,
deviate needs to sustain leaflets, mails and the like.
pain and suffering in order to [Art. 4, RA 7394]. 2. Any
attain orgasm. [Olarte, Legal medium of communication
Med., 1st Ed. (2004), p. 116]. designed to reach a mass of
Compare with Sadism. people. For this purposes,
mass media includes print
Massage. A method wherein media such as, but not
the superficial soft parts of limited to, newspapers,
the body are rubbed or magazines, and publications;
stroked or kneaded for broadcast media such as,
remedial or aesthetic or but not limited to, radio,
hygienic purposes. [Sec. 59, television, cable television,
PD 856]. and cinema; electronic
media such as but not
Massage clinic. An limited to the internet. [Sec.
establishment where 4, RA 9211].
massage is administered to
customers. [Sec. 59, PD Mastering. The act or
856]. business of producing a
stamper made of glass,
Massage clinic attendant. A metal or other material,
trained person duly intended for the
696
manufacture of optical place of payment where no

media. [Sec. 3, RA 9239]. place of payment is
specified, or any other
Master-servant change or addition which
relationship. The relation alters the effect of the
between one who not only instrument in any respect, is
prescribes to the workman a material alteration. [Sec.
the end of his work but 125, NIL].
directs or at any moment
may direct the means also, Material crimes. Those
or retains the power of crimes which have three
controlling the work. stages of execution, namely,
[Moreno’s Law Dict., 2000 attempted, frustrated and
Ed., p. 290]. consummated. [Gregorio,
Fund. of Crim. Law Rev.,
Masturbation. Also Self- 1997 9th Ed., p. 33].
gratification. Legal Med.
The manual manipulation of Material data rule. The rule
the male penis to the point in Sec. 6, Rule 41 of the
of ejaculation or of the Rules of Court to the effect
vestibule, labia minora and that where the trial court
clitoris which is the female finds and declares in its
penis, or the introduction of order of approval of a record
a penis substitute. [Olarte, on appeal that it was filed on
Legal Med., 1st Ed. (2004), p. time or within the
114]. reglementary period and the
correctness, accuracy and
Matching. The judicious veracity of such finding are
pairing of the adoptive child not impugned, questioned or
and the applicant to promote disputed by the adverse
a mutually satisfying parent- party, the non-inclusion of a
child relationship. [Sec. 3, RA motion or order is not fatal
8043]. and does not warrant
dismissal of the appeal since
Material alteration. Nego the appellate court may
Inst. Law. Any alteration properly rely on the trial
which changes: (a) the date; court's order of approval and
(b) the sum payable, either determination of timeless of
for principal or interest; (c) appeal. [Aznar v. CA, GR L-
the time or place of 38134. Sep. 30, 1978].
payment; (d) the number or
the relations of the parties; Material evidence. Evidence
(e) the medium or currency which is relevant to the
in which payment is to be issues in a case. [Jurist’s
made; (f) or which adds a Legal Dict., 2004].
697
circumstance which tends to

Material fact. Ins. A fact corroborate or strengthen
which would affect the the testimony relative to the
judgment of a prudent subject of the inquiry, or
underwriter in deciding which legitimately affects
whether to accept the risk the credits of any witness
and if so, at what rate of who testifies. [US v. Estraña,
premium and subject to GR 5751. Sep. 6, 1910, citing
what terms and conditions. In Franklin Country 5 Ohio S.
[Tiopianco, Commentaries & c. Pl. Dec., 691].
and Jurisp. on the Ins. Code
of the Phil., 1999 Ed., p. 41]. Material possession.
Natural possession or
Material interest. An possession de facto.
interest in issue and to be [Gatchalian v. Arlegui, GR L-
affected by the decree, as 35615. Feb. 17, 1977].
distinguished from mere
interest in the question Maternity home. An
involved, or a mere institution or place of
incidental interest. residence whose primary
Moreover, the interest of the function is to give shelter
party plaintiff must be and care to pregnant women
personal and not one based and their infants before,
on a desire to vindicate the during and after delivery.
constitutional right of some [Art. 117, PD 603].
third and unrelated party.
[De Joya v. PCGG, GR 96541. Maternity leave benefits.
Aug. 24, 1993]. The leave benefits of at least
two (2) weeks before and
Materially defective four (4) weeks after the
product. A product which, delivery, miscarriage or
because of the pattern of the abortion, with full pay based
defect, the number of on her regular or average
defective products weekly wages, granted by
distributed in commerce and the employer to a pregnant
the severity of the risk or woman employee who has
otherwise, creates a rendered an aggregate
substantial risk of injury to service of at least six (6)
the public. [Art. 4, RA 7394]. months for the last twelve
(12) months immediately
Material matter. The main preceding the expected date
fact which was the subject of of delivery, or the complete
the inquiry, or any abortion or miscarriage. [Art.
circumstance which tends to 133, LC].
prove the fact, or any fact or
698
Maton. See Siga-siga. Maximum tolerance. The

highest degree of restraint
Matriculation fee. Fee that the military, police and
collected by the school in other peace keeping
consideration for the authorities shall observe
acceptance and registration during a public assembly or
of student. [Sec. 1, PD 577]. in the dispersal of the same.
[Sec.3, BP 880].
Matrimony. The legal state of
being married. [Duhaime's May. 1. An auxiliary verb
Legal Dict., 2004]. indicating liberty,
opportunity, permission or
Matters of judicial notice. possibility. [Capati v.
Material requisites: (a) The Ocampo, GR L-28742. Apr.
matter must be one of 30, 1982]. 2. Usually
common and general permissive, not mandatory.
knowledge; (b) it must be [Luna v. Abaya, 86 Phil. 472
well and authoritatively (1950)].
settled and not doubtful or
uncertain; and (c) it must be May be. The term connotes
known to be within the limits possibility; it does not
of the jurisdiction of the connote certainty. [Capati v.
court. [State Prosecutors v. Ocampo, GR L-28742. Apr.
Muro, AM RTJ-92-876. Sep. 30, 1982].
19, 1994, citing 20 Am. Jur.,
Evidence, Sec. 17, 48]. Mayorazgo. Sp. From “major
natu,” the first-born. The
Maturity period. The time right to succeed to the
when the conditions and property left upon the
obligations of contracts are condition that it be
to be completely fulfilled. preserved perpetually intact
[Moreno’s Law Dict., 2000 in the family and that it be
Ed., p. 291]. transmitted in order of
succession to each next first-
Maximum sustainable yield born. The confiding of the
(MSY). The largest average entailed properties to the
quantity of fish that can be first-born in order that he
harvested from a fish may preserve them for the
stocks/resource within a family and deliver them to
period of time (e.g. one his successor. [Barretto v.
year) on a sustainable basis Tuason, GR 23923. Mar. 23,
under existing 1926].
environmental conditions.
[Sec. 4, RA 8550]. MCTC. Municipal Circuit Trial
Court.
699
excess of measurable
Meal period. Time-off given market demand as to foster
by the employers for the or encourage overcrowding
regular meals of their in any such area. [Sec. 3, RA
employees which shall not 5186].
be less than sixty minutes.
[Art. 85, LC]. Measurement. Quantitative
expression of the state of
Means test. A protocol phenomenon or matter such
administered at the as length, mass, time,
barangay level to determine electric current,
the ability of individuals or temperature, light intensity,
households to pay varying surface area, volume,
levels of contributions to the velocity, acceleration, force,
National Health Insurance pressure, work, power, beat,
Program, ranging from the angle, and others. [Sec. 2,
indigent in the community BP 8].
whose contributions should
be totally subsidized by the Mechanical engineering,
government, to those who practice of. A person shall
can afford to subsidize part be deemed to be practicing
but not all the required mechanical engineering or
contributions for the rendering mechanical
Program. [Sec. 1, RA 9241]. engineering service within
the meaning and intent of
Measured capacity. The RA 5336, who shall, for a
estimated additional volume fee, salary or other reward
of production which the or compensation paid to
Board of Investments himself or to another person,
determines to be desirable or even without such reward
in each preferred and or compensation, render
pioneer area of investment, professional mechanical
in order to supply the needs engineering service in the
of the economy at form of consultation,
reasonable prices, taking investigation, valuation,
into account the export planning, design, or
potential of the area. preparation of specifications
Measured capacity shall not or estimates for, or take
be less than the amount by charge of management,
which the measurable administration and
market demand exceeds the supervision of the
existing productive capacity construction, erection,
in said preferred and pioneer installation or alteration of,
areas nor shall measured or render engineering
capacity be so much in service in connection with
700
the manufacture, sale, authorized to hear,

supply or distribution of, or conciliate, mediate and
to manage, operate, tend or decide representation cases,
maintain any mechanical internal union and inter-
equipment machinery or union disputes. [Sec. 1, Rule
process, for any mechanical 1, Book 5, IRR of LC].
works, project or plant; or
who shall, by means of Mediation. 1. A voluntary
signs, cards, advertisement process in which a mediator,
or in any other way, offer to selected by the disputing
practice mechanical parties, facilitates
engineering or to render communication and
professional mechanical negotiation, and assist the
engineering service, or who parties in reaching a
shall in connection with his voluntary agreement
name, or otherwise, use, regarding a dispute. [Sec. 3,
assume or advertise any title RA 9285]. 2. A form of
or description tending to alternative dispute
convey the impression that resolution in which the
he is a professional parties bring their dispute to
mechanical engineer, or a neutral third party, who
mechanical engineer, or helps them agree on a
certified plant mechanic, or settlement. [Glossary of
that he is engaged in the Legal Terms (Pro-Se), 2004].
practice of mechanical
engineering as defined in RA Mediation-arbitration. Also
5336. [Sec. 13, RA 5336]. Med-arb. A step dispute
resolution process involving
Mechanic’s lien. The both mediation and
possessory right of a arbitration. [Sec. 3, RA
contractor in Art. 1731 of the 9285].
Civil Code. The contractor’s
right is to hold the movable Mediation party. A person
in pledge or as security for who participates in a
the payment of what is due mediation and whose
him by way of service consent is necessary to
charge, and to move for the resolve the dispute. [Sec. 3,
sale of the movable pledged RA 9285].
in order to collect the
amount claimed from the Mediator. A person who
proceeds. [Moreno’s Law conducts mediation. [Sec. 3,
Dict., 2000 Ed., p. 291]. RA 9285].
Med-arbiter. An official in the Medical Act of 1959, The.

DOLE-Regional Office RA 2382 enacted on June 20,
701
1959 which provides for and information. [Sec. 4, RA

governs (a) the 8496].
standardization and
regulation of medical Medical malpractice or
education; (b) the negligence. That type of
examination for registration claim which a victim has
of physicians; and (c) the available to him or her to
supervision, control and redress a wrong committed
regulation of the practice of by a medical professional
medicine in the Philippines. which has caused bodily
harm. [Garcia-Rueda v.
Medical care expenses. Pascasio, GR 118141. Sep. 5,
Amounts paid for the 1997]. In order to
diagnosis, cure, mitigation, successfully pursue such a
treatment, or prevention of claim, a patient must prove
diseases, or for the purpose that a health care provider,
of affecting any structure or in most cases a physician,
function of the body, but either failed to do something
excluding amounts paid for which a reasonably prudent
medicines. [Sec. 30, PD 69]. health care provider would
have done, or that he did
Medical clinic. A place in something that a reasonably
which patients can avail of prudent provider would not
medical consultation or have done; and that failure
treatment on an outpatient or action caused injury to
basis. [Sec. 2, RA 8344]. the patient. [Garcia-Rueda v.
Pascasio, GR 118141. Sep. 5,
Medical confidentiality. The 1997, citing
relationship of trust and www.medicalmal.com/neglig
confidence created or .html]
existing between a patient
or a person with HIV and his Medical negligence.
attending physician, Elements involved: duty,
consulting medical breach, injury and proximate
specialist, nurse, medical causation. [Garcia-Rueda v.
technologist and all other Pascasio, GR 118141. Sep. 5,
health workers or personnel 1997].
involved in any counseling,
testing or professional care Medical physicist. A
of the former; it also applies physicist who specializes in
to any person who, in any the application of the
official capacity, has principles and techniques of
acquired or may have physics in medicine. [Sec. 3,
acquired such confidential RA 7431].

702
Medical technician. A the promotion of health in

person who not being a general. [Sec. 2, RA 5527].
graduate of Bachelor of
Science in Medical Medical technology,
Technology/Bachelor of practice of. A person shall
Science in Hygiene, but be deemed to be in the
having passed the practice of medical
corresponding civil service technology within the
examination, performs the meaning of PD 498, who
work of medical technology shall for a fee, salary or
under the supervision of a other compensation or
registered medical reward paid or given directly
technologist and/or qualified or indirectly through
pathologist. [Sec. 2, RA another, renders any of the
5527]. following professional
services for the purpose of
Medical technologist. A aiding the physician in the
person who engages in the diagnosis, study and
work of medical technology treatment of diseases and in
under the supervision of a the promotion of health in
pathologist or licensed general. [Sec. 2, PD 498].
physician authorized by the
Department of Health in Medicare. The health
places where there is no insurance program currently
pathologist and who having being implemented by the
passed a prescribed course Philippine Medical Care
(Bachelor of Science in Commission. It consists of:
Medical Technology/Bachelor (a) Program I, which covers
of Science in Hygiene) of members of the SSS and
training and examination is GSIS including their legal
registered under the dependents; and (b)
provision of RA 5527. [Sec. Program II, which is intended
2, RA 5527]. for those not covered under
Program I. [Sec. 1, RA 9241].
Medical technology. An
auxiliary branch of Medicinal preparations.
laboratory medicine which Substances used in medicine
deals with the examination and prepared for the use of
by various chemical, the apothecary or the
microscopic, bacteriologic physician to be administered
and other medical laboratory as a remedy for diseases [La
procedures or technic which Tondeña v. Coll. of Int. Rev.,
will aid the physician in the 10 SCRA 709, citing Law
diagnosis, study and Dict., Ballantine, Phil. Ed.].
treatment of disease and in
703
Medicine sample. Medicine as betterment to their

given free to members of the legitimate children or
medical profession by drug descendants. [Estorque v.
manufacturers. [Moreno’s Estorque, GR L-19573. June
Law Dict., 2000 Ed., p. 291]. 30, 1970, citing Art. 808,
par. 2, Sp. Civil Code].
Medico-legal officers.
Physicians or their duly Melancholia. Legal Med. An
designated deputies, from intense feeling of depression
the National Bureau of and misery which is
Investigation (NBI), the unwarranted by his physical
Philippine National Police condition and external
Crime Laboratory (PNP), the environment. [Olarte, Legal
Military Forces (Army, Med., 1st Ed. (2004), p. 150].
Marines, Navy, Air Force) or
any similar government Member. Any person whose
institution or department premiums have been
who have custody of medico- regularly paid to the National
legal case and violent Health Insurance Program.
deaths, such cases being He may be a paying
defined as: (a) death from member, or a
accidents or trauma; (b) pensioner/retiree member.
death from homicide/murder [Sec. 1, RA 9241].
or apparent suicide; (c)
death from undetermined Members. The corporators of
cause; or (d) violent deaths a non-stock corporation.
such as military casualties. [Sec. 5, CC].
[Sec. 4, DOH Admin. Order
11-95]. Members of the family.
Those persons having family
Medulla oblongata. The relations referred to under
lowest or posterior part of Art. 150 of the Family Code.
the brain, extending from It shall include the employer
the isthmust parent's or legal guardian's
rhombencephali to the spinal husband or wife, parents,
cord into which it gradually children, other ascendants or
tapers off. It connects the descendants, brothers and
brain with the spinal cord. sisters whether of full or half
[Moreno’s Law Dict., 2000 blood. [Sec. 2, RA 7658].
Ed., p. 291].
Memo debet bis vexare pro
Mejora. Sp. Betterment. The una et eadem causa. Lat.
disposition by parents of one No man shall be twice vexed
of the two-thirds forming the for one and the same cause.
legitime in order to apply it [Ex parte Lange, 18 Wall
704
163, 168; 21 Law Ed 872; appellate court which

U.S. v. Throckmorton, 98 incorporates by reference
U.S. 61; 25 Law Ed. 93]. the findings of fact or the
conclusions of law contained
Memoir or memorandum. in the decision, order or
Intl. Law. A diplomatic note, ruling under review.
either signed or merely [Francisco v. Permskul, GR
initiated by the negotiators, 81006. May 12, 1989]. 2. A
containing salient points. decision of the appellate
[Coquia and Santiago, Intl. court which adopt the
Law, 3rd Ed. (1998), p. 494]. findings and the conclusion
of the trial court.
Memorandum. Rem. Law. An [Claridades, A., Compilation
informal note or instrument of Notes, 2001-2006].
embodying something the
parties desire to have in Memorandum of
written evidence. [Glossary Understanding (MOU). A
of Legal Terms (Pro-Se), document which, if meeting
2004]. the other criteria, can be, in
law, a contract. Generally, in
Memorandum check. It is in the world of commerce or
the form of an ordinary international negotiations,
check, with the word an MOU is considered to be a
"memorandum", "memo" or preliminary document; not a
"mem" written across its comprehensive agreement
face, signifying that the between two parties but
maker or drawer engages to rather an interim or partial
pay the bona fide holder agreement on some
absolutely, without any elements, in some cases a
condition concerning its mere agreement in principle,
presentment. Such a check on which there has been
is an evidence of debt accord. Most MOU's imply
against the drawer, and that something more is
although may not be eventually expected.
intended to be presented, [Duhaime's Legal Dict.,
has the same effect as an 2004].
ordinary check, and if
passed to a third person, will Memorialized. In writing.
be valid in his hands like any [Glossary of Legal Terms
other check. [People v. (Pro-Se), 2004].
Nitafan, GR 75954. Oct. 22,
1992]. Memory pack diskette. A
device used to store data.
Memorandum decision. 1. A [Sec. 2, RA 8046].
decision rendered by an
705
Memory pack receiver. A an intent to commit a crime.

dedicated machine that [Duhaime's Legal Dict.,
reads memory packs. [Sec. 2004]. 2. A guilty mind, a
2, RA 8046]. guilty or wrongful purpose or
criminal intent. [People v.
Menarche. The onset of the Moreno, GR 126921. Aug.
first menstruation of a girl. 28, 1998, citing Black's Law
[Moreno’s Law Dict., 2000 Dict., 5th Ed., p. 889].
Ed., p. 292].
Mental anguish. Distress or
Mendicancy Law of 1978. serious pain as distinguished
PD 1563 entitled from annoyance, regret or
“Establishing an integrated vexation. [Moreno’s Law
system for the control and Dict., 2000 Ed., p. 293].
eradication of mendicancy,
providing penalties, Mental deficiency or
appropriating funds therefor, retardation. A sub-average
and for other purposes” intellectual ability present
signed into law on June 11, from birth or early infancy.
1978. [Olarte, Legal Med., 1st Ed.
(2004), p. 155].
Mendicant. Any person,
except those enumerated in Mental pachyderm. A
Sec. 4 of PD 1563, who has distorted mind, a mind that
no visible and legal means of is insensible, unfeeling,
support, or lawful senseless, hardened, callous.
employment and who is [People v. Aquino, GR L-
physically able to work but 23908. Oct. 29, 1966, citing
neglects to apply himself to Thesaurus of Words and
some lawful calling and Phrases, p. 121, (1947)].
instead uses begging as a
means of living. [Sec. 3, PD Mercantile agency. Any
1563]. person engaged in the
gathering information as to
Mens rea. Lat. Guilty mind. 1. the financial standing ability
Many serious crimes require or credit of persons engaged
the proof of mens rea before in business, and reporting
a person can be convicted. the same to subscribers or to
In other words, the customers applying and
prosecution must prove not paying therefor. [Sec. 1, PD
only that the accused 426]. See Collecting
committed the offense but agency.
that he did it knowing that it
was prohibited; that his act Mercenary. Intl. Law. A
or omission was done with volunteer who, for monetary
706
award, enters into an themselves to it, and (b)

agreement to fight for the commercial or industrial
armed forces of a foreign companies which may be
State or an entity purporting created in accordance with
to exercise authority over a law. [Art. 1, Code of
country or people or part Commerce].
thereof. [Coquia and
Santiago, Intl. Law, 3rd Ed. Merchant marine deck
(1998), p. 611]. officer. A duly registered,
certified and licensed master
Merchandise. As used in mariner, chief mate and
Bulk Sales Law, things and officer-in-charge of a
articles which are kept for navigational watch. [Sec. 4,
sale by a merchant. RA 8544].
Ed., p. 293]. Merchant marine engineer
officer. A duly registered,
Merchant. 1. A person certified and licensed chief
engaged in the sale, barter, engineer, second engineer,
or exchange of personal and officer-in-charge of an
property of whatever engineering watch in a
character. [Sec. 1459, Act manned engine-room or
2711; Whitaker v. Rafferty, designated duty engineer in
GR 11962. Aug. 27, 1918]. 2. a periodically unmanned
A person engaged in buying engine-room, and coastal
and selling merchandise at a engineer. [Sec. 4, RA 8544].
fixed place of business,
which business is conducted Merchant marine officer.
in his name, and who during Marine deck or engineer
the time he claims to be officer. [Sec. 4, RA 8544].
engaged as a merchant does
not engage in the Merchant marine
performance of any manual profession, practice of.
labor except such as is The profession requiring the
necessary in the conduct of application of fundamental
his business as such and known principles of
merchant [Singh v. Board of navigation, seamanship and
Comm., GR L-11015. Feb. engineering to the peculiar
25, 1961, citing Sec. 12, Act condition and requirements
702]. of on board management,
operation and maintenance
Merchants. (a) Those who, of main propulsion and
having legal capacity to auxiliary engines, stability
engage in commerce, and trim of the vessel and
habitually devote
707
cargo handling. [Sec. 4, RA

8544]. Merger rule. Intl. Law. Legal
rule that the treaties in
Merchant marine vessel. effect in a former state
Applies only to the remain in effect in its
commercial ships, propelled territory when it becomes
by machinery, public or part of a new state. [Intl.
private, strictly engaged in Law Dict. & Direct., 2004].
maritime commerce, both
seagoing and/or near-coastal Meridional block. See
trade, vessels engaged in Block.
the training of cadets for the
merchant marine profession, Merits. A matter of substance
and noncombatant vessels in law, as distinguished from
of the Philippine matter of form, and as the
Government. [Sec. 4, RA real or substantial grounds
8544]. of action or defense, in
contradistinction to some
Merger. Corp. Law. 1. The technical or collateral matter
union of two companies that raised in the course of the
results in the continuation of suit. A judgment is upon the
the corporate existence and merits when it amounts to a
survival of one constituent declaration of the law as to
company and dissolution of the respective rights and
the other. [Tiopianco, duties of the parties, based
Commentaries & Jurisp. on upon the ultimate fact or
the Ins. Code of the Phil., state of facts disclosed by
1999 Ed., p. 207]. 2. The the pleadings and evidence,
absorption of one thing or and upon which the right of
right into another. [Glossary recovery depends,
of Legal Terms (Pro-Se), irrespective of formal,
2004]. See Confusion. technical or dilatory
objections or contentions.
Merger and consolidation. [Escarte v. Off. of the Pres.,
Corp. Law. The merger of GR 58668. Dec. 4, 1990,
two or more corporations citing Francisco, Rev. Rules
into a single corporation of Court, Vol. II, pp. 841-
which shall be one of the 842].
constituent corporations or
may consolidate into a new Metallic deposits. Those
single corporation which which contain any of the
shall be the consolidated metallic elements or
corporation. [Sec. 76, Corp. minerals, or their
Code]. Compare with combination, such as gold,
Consolidation. silver, platinum, tin,
708
chromium, iron, manganese, smelting in direct and

copper, nickel, lead, zinc indirect reduction furnaces
cinnabar, tungsten and the to the final finished product
like. [Sec. 18, PD 464]. state, either separately or
part of an integrated
Metallurgy or metallurgical process. [Sec. 2, RA 6428].
engineering, practice of.
(a) A person shall be MeTC. Metropolitan Trial
deemed to be practising Court.
metallurgical engineering
within the meaning and Meter or metre. The base
intent of PD 1563 who shall, unit of length which is the
for a fee, salary or other length equal to 1 650 763.73
reward or compensation, wavelengths in vacuum of
paid to him or through the radiation corresponding
another person, or even to the transition between the
without such reward or levels 2p 10 and 5d 5 of the
compensation, render or krypton 86 atom. [Sec. 4, BP
offer to render professional 8].
service in metallurgy or
metallurgical engineering in Methamphetamine
the form of consultation, hydrochloride. Commonly
investigation, valuation, known as "Shabu", "Ice",
planning, designing or "Meth", or by its any other
supervision of operation; (b) name. The drug having such
The term metallurgy or chemical composition,
metallurgical engineering as including any of its isomers
used in this Decree, shall or derivatives in any form.
mean the teaching and [Sec 3, RA 9165].
practice of the science and
technology of preparing Methylenedioxymethamph
minerals and metals from etamine or Ecstasy. The
ores by separating them drug having such chemical
from mechanical mixture composition, including any
and chemical combination of its isomers or derivatives
and/or finally processing in any form. [Sec 3, RA
them for use. [Sec. 12, PD 9165].
1536].
Metric system. The
Metals industry. The international System of
manufacture from ore Units, or SI in brief, as
materials of products of all established by the General
precious, base and rare Conference of Weights and
metals and their alloys, Measures and as interpreted
including all processes from or modified by the Metric
709
System Board, established poor to improve the asset

pursuant to PD 187, as base of households and
amended by PD 748, to suit expand the access to
Philippine conditions. [Sec. savings of the poor. It
2, BP 8]. involves the use of viable
alternative credit schemes
Metropolitan Manila. A and savings programs
public corporation, originally including the extension of
created under PD 824, small loans, simplified loan
embracing the cities of application procedures,
Caloocan, Manila, group character loans,
Mandaluyong, Makati, Pasay, collateral-free arrangements,
Pasig, Quezon, and alternative loan repayments,
Muntinlupa, Las Piñas, minimum requirements for
Malabon, Marikina, savings, and small
Parañaque, Taguig, and denominated savers'
Valenzuela, and the instruments. [Sec. 3, RA
municipalities of Navotas, 8425].
Pateros and San Juan, which
was later constituted into a Micronutrient. An essential
special development and nutrient required by the
administrative region subject body in very small
to direct supervision of the quantities; recommended
President of the Philippines intakes are in milligrams or
by virtue of RA 7924. micrograms. [Sec. 3, RA
8976].
Metropolitan Manila
Development Authority Micronutrient malnutrition.
(MMDA). The government A disorder resulting from
body created under RA 7924 deficiencies in vitamin A,
to administer the affairs of iron, iodine and other
Metropolitan Manila. micronutrients which the
body needs in minute
Micro-enterprise. Any quantities everyday. [Sec. 4,
economic enterprise with a RA 8172].
capital of P150,000.00 and
below. This amount is Middle-level manpower.
subject to periodic Those (a) who have acquired
determination of the DTI to practical skills and
reflect economic changes. knowledge through formal or
[Sec. 3, RA 8425]. non-formal education and
training equivalent to at
Microfinance. A credit and least a secondary education
savings mobilization but preferably a post-
program exclusively for the secondary education with a
710
corresponding degree or Workers. [Sec. 2, IRR, RA

diploma; or (b) skilled 8042].
workers who have become
highly competent in their Migrant Workers and
trade or craft as attested by Overseas Filipinos Act of
industry. [Sec. 4, RA 7796]. 1995. RA 8042 entitled “An
Act to institute the policies
Midnight appointments. of overseas employment and
Also Last minutes establish a higher standard
appointments. Mass ad- of protection and promotion
interim appointments issued of the welfare of migrant
in the last hours of an workers, their families and
outgoing Chief Executive overseas Filipinos in distress,
(which) are to be considered and for other purposes”
by the Commission on enacted on June 7, 1995.
Appointments as different
from that to be submitted by Migratory species. Any
an incoming Chief Executive fishery species which in the
who may not wholly approve course of their life could
of the selections, especially travel from freshwater to
if it is doubtful that the marine water or vice versa,
outgoing President exercised or any marine species which
double care in extending travel over great distances
such appointments. [Aytona in waters of the ocean as
v. Castillo, GR L-19313. Jan. part of their behavioral
19, 1962]. adaptation for survival and
speciation. [Sec. 4, RA
Might. The word does not 8550].
connote an agreement to do
something. It is an Military. All branches of the
expression of a probable Armed Forces of the
intention to do but cannot be Philippines including (sic) the
categorized as an offer or Philippine National Police,
promise to do it. [Moreno’s the Bureau of Jail
Law Dict., 2000 Ed., p. 293]. Management and Penology,
and the Bureau of Fire
Migrant worker. A person Protection. [Sec. 3, RA
who is to be engaged, is 8491].
engaged or has been
engaged in a remunerated Military occupation. The
activity in a state of which taking over of enemy
he is not a legal resident; to territory by the victor after
be used interchangeably the conclusion of the war.
with Overseas Filipino The rights and obligations of
the “military occupant” are
711
generally premised on the agreement. [Sec. 3, RA

provisions of an agreement 7942].
or treaty on the matter.
[Suarez, Pol. Law Reviewer, Mineral deposit. A natural
1st Ed., 2002, p. 1078]. deposit or accumulation of
Compare with Belligerent minerals. [Sec. 2, PD 463].
occupation.
Mineralized areas. Areas
Military personnel. with naturally occurring
Commissioned officers, mineral deposits of gold,
enlisted personnel, trainees silver, chromite, kaolin,
and draftees who are in the silica, marble, gravel, clay
active service of the Armed and like mineral resources.
Forces of the Philippines. [Sec. 3, RA 7076].
[Sec. 1, PD 577].
Mineral land. 1. Any area
Mill tailings. Materials where mineral resources are
whether solid, liquid or both found. [Sec. 3, RA 7942]. 2.
segregated from the ores Land in which minerals exist
during concentration/milling in sufficient quantity and
operations which has no grade to justify the
present economic value to necessary expenditures in
the generator of the same. extracting and utilizing such
[Sec. 4, DENR Admin. Order minerals. [Sec. 3, PD 464;
95-23]. Sec. 2, PD 463].
Mine. 1. v. To extract, Mineral processing. The

remove, utilize minerals, and milling, beneficiation or
include operations necessary upgrading of ores or
for that purpose. [Sec. 2, PD minerals and rocks or by
463]. 2. n. A work for the similar means to convert the
excavation of minerals, by same into marketable
means of pits, shafts, levels, products. [Sec. 3, RA 7942].
tunnels, and others. [Peña,
Phil. Law on Natural Mineral resource. Any
Resources, 1997 Rev. Ed., p. concentration of
110]. minerals/rocks with potential
economic value. [Sec. 3, RA
Mineral agreement. A 7942].
contract between the
government and a Mineral Resources
contractor, involving mineral Development Decree of
production-sharing 1974. PD 463 signed into
agreement, co-production law on May 17, 1974;
agreement, or joint-venture
712
subsequently repealed by PD leaching, smelting,

972. calcination and other similar
processes. [Sec. 4, DENR
Minerals. 1. All naturally Admin. Order 95-23].
occurring inorganic
substance in solid, gas, Mine wastes and tailings.
liquid, or any intermediate Soil and rock materials from
state excluding energy surface or underground
materials such as coal, mining and milling
petroleum, natural gas, operations with no economic
radioactive materials, and value to the generator of the
geothermal energy. [Sec. 3, same. [Sec. 3, RA 7942].
RA 7942]. 2. All naturally
occurring inorganic Mini-hydroelectric power
substances in solid, liquid or developer or developer.
any intermediate state Any individual, cooperative,
including coal. Soil which corporation or association
supports organic life, sand engaged in the construction
and gravel, guano, and installation of a
petroleum, geothermal hydroelectric-power-
energy and natural gas are generating plant with an
included in this term but are installed capacity of not less
governed by special laws. than 101 kilowatts nor more
[Sec. 2, PD 463]. than 10,000 kilowatts. [Sec.
4, RA 7156].
Minerals processing
permit. The permit granted Mini-hydroelectric power
by the DENR Sec. to any development. The
person who shall engage in construction and installation
the processing of minerals, of a hydroelectric-power-
which shall be for a period of generating plant and its
five (5) years renewable for auxiliary facilities such as
like periods but not to transmission, substation and
exceed a total term of machine shop with an
twenty-five (25) years. [Sec. installed capacity of not less
55, RA 7942]. that 101 kilowatts nor more
than 10,000 kilowatts. [Sec.
Minerals products. Materials 4, RA 7156].
derived from minerals
ores/rocks and prepared into Mini-hydroelectric power
a marketable state by plant. An electric-power-
metallurgical processes generating plant which: (a)
which include, but not utilizes the kinetic energy of
limited to milling, falling or running water (run-
beneficiation, cyanidation, of-river hydro plants) to turn
713
a turbine generator amended by RA 7942, the

producing electricity; and (c) Philippine Mining Act of
has an installed capacity of 1995.
not less than 101 kilowatts
nor more than 10,000 Mining area. A portion of the
kilowatts. [Sec. 4, RA 7156]. contract area identified by
the contractor for purposes
Minimum Access Volume of development, mining,
(mV). The amount of utilization, and its sites for
imports of an agricultural support facilities or in the
product allowed to be immediate vicinity of the
imported into the country at mining operations. [Sec. 3,
a customs duty lower than RA 7942].
out-quota customs duty.
[Sec. 4, RA 8800]. Mining claim. A parcel of
land containing precious
Minimum basic needs metal in its soil or rock, and
(MBN). The needs of a is often used in mining
Filipino family pertaining to parlance as synonymous
survival (food and nutrition; with the term Location.
health; water and sanitation; [Peña, Phil. Law on Natural
clothing), security (shelter; Resources, 1997 Rev. Ed., p.
peace and order; public 110].
safety; income and
livelihood) and enabling Mining engineering,
(basic education and practice of. A person shall
literacy; participation in be deemed to be practising
community development; mining engineering or
family and psycho-social rendering mining
care). [Sec. 3, RA 8425]. engineering service within
the meaning and intent of
Minimum Wage Law. RA RA 4274 who shall, for a fee,
602, as amended . salary or other reward or
[Expressly repealed by the compensation, paid to him
Labor Code, except Sec. 3 or through another person,
and 7 thereof]. or even without such
compensation, render or
Mining. The exploration for offer to render by means of
and extraction of minerals signs, cards, advertisements,
which occur in nature as written reports, and/or in any
either solids, liquids or other manner offer to
gases. [Sec. 2, RA 4095]. practice mining engineering
in the form of consultation,
Mining Act. CA 137, as investigation, mining
amended, and as further reports, valuation and ore
714
reserve calculation; take mineral agreement or FTAA.

charge of, direct and/or [Sec. 4, DENR Admin. Order
supervise underground 95-23].
and/or surface mining, open-
cuts, pits and/or quarries; Ministerial act or duty. In
shaft sinking, tunneling, contradistinction to a
stopping, dredging, discretional act, one which
hydraulicking and sluicing an officer or tribunal
for minerals and/or mineral performs in a given state of
products: Provided, That the facts, in a prescribed
above functions are manner, in obedience to the
exercised in a responsible mandate of legal authority,
and independent capacity. without regard to or the
[Sec. 12, RA 4274]. exercise of his own
judgment, upon the
Mining operations. Mining propriety or impropriety of
activities involving the act done. If the law
exploration, feasibility, imposes a duty upon a
development, utilization, and public officer, and gives him
processing. [Sec. 3, RA the right to decide how or
7942]. when the duty shall be
performed, such duty is
Mining plan. A two-year discretionary and not
program of activities and ministerial. The duty is
methodologies employed in ministerial only when the
the extraction and discharge of the same
production of minerals or requires neither the exercise
ore-bearing materials, of official discretion nor
including the financial plan judgment. [Lamb v. Phipps,
and other resources in GR 7806. July 12, 1912].
support thereof. [Sec. 3, RA
7076]. Ministerial execution. Also
Execution as a matter of
Mining right. Any right to right. Execution of a final
explore, develop, or utilize judgment or final order
mineral resources. [Sec. 4, which has attained finality.
DENR Admin. Order 95-23]. [Bench Book for Trial Court
Judges, p. 2-56]. Compare
Mining right application. with Discretionary
Any application for small- execution.
scale mining permit,
exploration permit, quarry Minister of the Gospel. All
permit, sand and gravel clergymen of denomination
permit, guano permit, and faith. [Adong v. Cheong
gemstone gathering permit,
715
See Gee, GR L-18081. Mar. regulations, and regulations

3, 1922]. of trade and industry. [SSS
Employees Assoc. v. Soriano,
Ministers plenipotentiary. GR L-18081. Apr. 30, 1963].
Also Envoys Compare with Constituent
extraordinary. Ministers governmental functions.
assigned to perform a
special function (i.e., signing Mini-trial. A structured
a treaty). [Suarez, Pol. Law dispute resolution method in
Reviewer, 1st Ed., 2002, p. which the merits of a case
1044]. are argued before a panel
comprising senior decision
Ministers resident. The makers with or without the
political, cultural, economic, presence of a neutral third
and social representatives of person after which the
their countries to a foreign parties seek a negotiated
principal city. Their offices settlement. [Sec. 3, RA
are known as Legations. 9285].
[Suarez, Pol. Law Reviewer,
1st Ed., 2002, p. 1044]. Minor. 1. Any person below
eighteen (18) years old.
Ministrant function. Also [Sec. 4, RA 9211]. 2. A
Proprietary function. Pol. person under the age of
Law. A function of legal competence. [Jurist’s
government which connotes Legal Dict., 2004].
merely the exercise of
proprietary functions and Minority. The state or
thus considered as optional. condition of a minor; infancy.
[Fontanilla v. Maliaman, GR The smaller number of votes
55963 & 61045. Feb. 27, to deliberate assembly.
1991]. Compare with [Claridades, A., Compilation
Governmental or of Notes, 2001-2006].
Constituent function. Compare with Majority.
Ministrant governmental Minority opinion. A

functions. Pol. Law. Those dissenting opinion. [Intl. Law
that are undertaken only by Dict. & Direct., 2004].
way of advancing the Compare with Majority
general interest of society, opinion.
and are merely optional. The
most important of the Minor or ordinary repair.
ministrant functions are: Repair merely to keep a
public works, public building or equipment in fit
education, public charity, condition or use without
health and safety increasing its capacity or
716
otherwise adding to its [Glossary of Legal Terms

normal value as an asset. (Pro-Se), 2004].
[IRR on Supply & Prop. Mgt.,
per Sec. 383, LGC]. Misappropriate. To own, to
take something for one's
Minutes. 1. The official own benefit. [Sy v. People,
record of a meeting. GR 85785. Apr. 24, 1989,
[Duhaime's Legal Dict., citing II Reyes, Crim. Law,
2004]. 2. Memorandum of a 12th Ed., p. 729]. Compare
transaction or proceeding. with Convert.
(Pro-Se), 2004]. Misappropriate (for one's
own use). To convert to
Miranda warning. Also one's personal advantage.
Miranda rule. 1. The name To attempt to dispose of the
given to the requirement property of another without
that police officers must right. [US v. Panes, 37 Phil.
warn suspects upon arrest 118].
that they have the right to
remain silent, that any Misappropriation. The
statement that they make misapplication of money,
could be used against them goods, or other personal
in a court of law, that they property belonging to
have the right to contact a another for his personal
lawyer and that if they benefit. [Trinidad v. CA, 53
cannot afford a lawyer, that OG 731].
one will be provided before
any questioning is so Miscellaneous payroll
desired. Failure to issue the period. A payroll period
warning results in the other than, a daily, weekly,
evidence so obtained to be biweekly, semi-monthly,
inadmissible in court. The monthly, quarterly, semi-
warning became a national annual, or annual period.
police requirement when [Sec. 78, NIRC, as amended].
ordered by the US Supreme
Court in the 1966 case of Misconduct. 1. A
Miranda v. Arizona and that transgression of some
is how it got the name. 2. established or definite rule
Requirement that police tell of action, more particularly,
a suspect in their custody of unlawful behavior or gross
his constitutional rights negligence by the public
before they question him. So officer. [Amosco v. Magro,
named as a result of the 73 SCRA 107 (1976)]. 2. Any
Miranda v. Arizona ruling by unlawful behavior by a
the US Supreme Court. public officer in relation to
717
the duties of his office, willful who is at the same time a

in character. The term practicing attorney upon
embraces acts which the which the court, as
office holder had no right to disciplinary measure, may
perform, acts performed impose even disbarment.
improperly, and failure to act [Panganiban v. Borromeo, 58
in the face of an affirmative Phil. 367; Biton v.
duty to act. [Maaliw, Willie Momongan, 62 Phil. 7].
Fernando S., CSC Res. 00-
1290, June 1, 2000]. Misdemeanor. A criminal
offense lesser than a felony
Misconduct in office. 1. Any and generally punishable by
unlawful behavior by a fine or by imprisonment
public officer in relation to other than in a penitentiary.
the duties of his office, willful [Claridades, A., Compilation
in character. [Guillen v. of Notes, 2001-2006].
Tolentino, AM SB-95-6-P.
Dec. 10, 1997, citing Black's Misfeasance. 1. Improperly
Law Dict., Rev. 4th Ed., p. doing something which a
1150]. 2. A misconduct such person has the legal right to
as affects his performance of do. [Duhaime's Legal Dict.,
his duties as an officer and 2004]. 2. Improper
not such only as affects his performance of an act which
character as a private a person might lawfully do.
individual. In such cases, it [Glossary of Legal Terms
has been said at all times, it (Pro-Se), 2004]. Compare
is necessary to separate the with Malfeasance and
character of man from the Nonfeasance.
character of an officer.
[Amosco v. Magro, 73 SCRA Misjoinder. When a person
107, pp. 108-109, Sep. 30, has been named as a party
1976; citing Lacson v. to a lawsuit when that
Roque, 92 Phil. 456 (1953), person should not have been
Buenaventura v. Benedicto, added. When this is
38 SCRA 71, Mar. 27, 1971, asserted, the court will
and In re Impeachment of usually accommodate a
Horilleno, 43 Phil. 212 request to amend the court
(1922)]. documents to strike, or
substitute for, the name of
Misconduct of notary the misjoined party.
public. The act of ratifying a [Duhaime's Legal Dict.,
contract the covenants of 2004]. Compare with Non-
which are contrary to law, joinder.
morals and good customs,
executed by a notary public
718
Misleading question. One either case is material to the

which assumes as true a fact risk. [Agbayani, Comm. Laws
not yet testified to by the of the Phil., Vol. II, p.66].
witness, or contrary to that
which he has previously Mistake of facts. Crim. Law.
stated. It is not allowed. An act or omission which is
[Sec. 10, Rule 132, RoC]. the result of a
Compare with Leading misapprehension of facts
question. that is voluntary but not
intentional. The actor
Misprision of treason. Crim. performed an act which
Law. The felony committed would be lawful had it been
by a person owing allegiance true as he believed it to be.
to the Government of the [Gregorio, Fund. of Crim.
Philippines, without being a Law Rev., 1997 9th Ed., p. 21-
foreigner, and having 22].
knowledge of any conspiracy
against them, who conceals Mistake to invalidate
or does not disclose and consent. There is mistake
make known the same, as to invalidate consent when
soon as possible to the the mistake refers to the
governor or fiscal of the substance of the thing which
province, or the mayor or is the object of the contract,
fiscal of the city in which he or to those conditions which
resides, as the case may be. have principally moved one
[Art. 116, RPC]. or both parties to enter into
the contract. [Art. 1331, CC].
Misrepresentation.
Contracts. 1. A false and Mistrial. 1. A partial or
material statement which complete trial which is found
induces a party to enter into to be null and void and of no
a contract. This is a ground effect because of some
for rescission of the contract. irregularity. The sudden end
[Duhaime's Legal Dict., of trial before it would
2004]. 2. Ins. A statement as ordinarily end because of
a fact of something which is some reason which
untrue, and which the invalidates it. Once a mistrial
insured states with is declared, the situation is
knowledge that it is untrue as if the trial had never
and with an intent to occurred. [Duhaime's Legal
deceive, or which he states Dict., 2004]. 2. An invalid
positively as true without trial, caused by fundamental
knowing it to be true, and error. [Glossary of Legal
which has a tendency to Terms (Pro-Se), 2004].
mislead, where such fact in
719
Misuse of allocation. The Mitigation. A reduction,

sale, transfer or diversion of abatement, or diminution of
mandated petroleum fuel a penalty or punishment
allocations by oil companies, imposed by law. [Glossary of
distributors, dealers or Legal Terms (Pro-Se), 2004].
consumers contrary to the
declared intent of the Mitigation of damages. The
Government in making such responsibility a person who
allocation. [Sec. 2, PD 1865; sues another for damages to
Sec. 3, BP 33]. minimize those damages, as
far as reasonable. For
Mitigating circumstances. example, in a wrongful
1. Those circumstances that dismissal suit, the person
have the effect of reducing who was fired should make
the penalty because there is some effort to find another
a diminution of any of the job so as to minimize the
elements of dolo or culpa, economic damage to
which makes the act himself. [LawInfo Legal
voluntary or because of the Dictionary (2005)].
lesser perversity of the
offender. [Gregorio, Fund. of Mittimus. 1. The final process
Crim. Law Rev., 1997 9th Ed., for carrying into effect the
p. 51]. 2. These are facts decision of the appellate
that, while not negating an court, and the transmittal
offense or wrongful action, thereof to the court of origin
tend to show that the is predicated upon the
defendant may have had finality of the judgment.
some grounds for acting the [Clemente-De Guzman v.
way he did. For example, Reyes, AM 2358-MJ. June 29,
assault, though provoked, is 1982]. 2. The name of an
still assault but provocation order in writing, issuing from
may constitute mitigating a court and directing the
circumstances and allow for sheriff or other officer to
a lesser sentence. 3. Those convey a person to a prison,
which do not constitute a asylum, or reformatory, and
justification or excuse for an directing the jailer or other
offense but which may be appropriate official to
considered as reasons for receive and safely keep the
reducing the degree of person until his fate shall be
blame. [Glossary of Legal determined by due course of
Terms (Pro-Se), law. [Glossary of Legal
2004]. Compare with Terms (Pro-Se), 2004].
Aggravating
circumstances. Mixed condition. 1. A
condition which depends
720
partly upon chance and stations. [Sec.3, EO 467, s.

partly upon the will of a third 1998].
person. [Diaz, Bus. Law Rev.,
1991 Ed., p. 11]. 2. A Mobilia sequuntur
condition the fulfillment of personam principle. The
which depends jointly upon principle that the situs of
the will of the heir, devisee personal property is the
or legatee and upon chance domicile of the owner. [De
and/or the will of a third Leon, Fundamentals of
person. [Jurado, Comments Taxation, 2000 Ed., p. 48].
& Jurisp. on Succession,
1991 8th Ed., p. 222-223]. Mobilization fee. The
amount charged by a
Mixed novation. Novation licensee or authority holder
that is both objective and from its foreign employer-
subjective at the same time principal/partner to cover
wherein a dual purpose is costs of recruitment,
achieved. An obligation is processing and
extinguished and a new one documentation of its recruits
is created in lieu thereof. for overseas employment.
[Moreno’s Law Dict., 2000 [Sec. 1, Rule 1, IRR of LC].
Ed., p. 296].
Modal donation. A donation
Mixed solidarity. Solidarity in which the donor imposes
that exists among the a prestation upon the donee.
creditors and the debtors at [Central Phil. Univ. v. CA, GR
the same time. [Torres, 112127. July 17, 1995].
Oblig. & Cont., 2000 Ed., p.
77]. Mode. The statement of the
object of the institution, or
Mixed succession. the application of the
Succession effected partly property left by the testator,
by will and partly by or the charge imposed by
operation of law. [Art. 780, him. [Jurado, Comments &
CC]. Jurisp. on Succession, 1991
8th Ed., p. 228].
Mobile satellite service. A
radio communications Model law. The Model Law on
service between mobile International Commercial
earth stations and one or Arbitration adopted by the
more space stations, or United Nations Commission
between space stations used on International Trade Law
by this service, or between on 21 June 1985. [Sec. 3, RA
mobile earth stations by 9285].
means of one or more space
721
Mode of acquisition. The new employees to become

means/ways by which the union members for some
government acquired the time after employment but
property; e.g. sale, donation, does not require present
eminent domain, escheat, employees to join the union.
judgment levy and Those who have become
foreclosure of mortgage. union members shall
[Memo. from the Exec. Sec. maintain their membership
dated Aug. 20, 1998]. as a condition of continuous
employment. [Poquiz, Labor
Moderate damages. See Rel. Law, 1999 Ed. p. 157].
Temperate damages.
Modus operandi. Lat.
Modern factoring. A Method of operation. Used
continuing agreement under by law enforcement officials
which a financing institution to refer to a criminal's
assumes the credit and preferred method of
collection for its client and committing crime.
purchases his receivables as [Duhaime's Legal Dict.,
they arise without recourse 2004].
to him for credit losses. For a
small commission, the factor Modus vivendi. Lat. Intl.
assumes all the client’s Law. A temporary agreement
burdens of credits and or arrangement between two
collections. [Moreno’s Law States, providing for a
Dict., 2000 Ed., p. 296]. workable compromise in a
pending dispute, which is
Modes of discovery. The intended to be replaced later
name given pretrial devices by an arrangement of a
for obtaining facts and more formal and permanent
information about the case. character. [Coquia and
[Glossary of Legal Terms Santiago, Intl. Law, 3rd Ed.
(Pro-Se), 2004]. (1998), p. 493].
Modification of permit. The Mohammedan Imam. A

change of the place and time priest or minister of the
of the public assembly, Gospel. [Adong v. Cheong
rerouting of the parade or See Gee, GR L-18081. Mar.
street Mar., the volume of 3, 1922].
loud-speakers or sound
system and similar changes. Mohammedanism. A
[Sec.3, BP 880]. denomination, within the
meaning of the Marriage
Modified union shop. Labor. Law. [Adong v. Cheong See
A contract which requires all
722
Gee, GR L-18081. Mar. 3, Monetary instrument.

1922]. Pursuant to the "Anti-Money
Laundering Act of 2001” (RA
Moiety. Half of something. 9160), the term refers to: (a)
For example, it can be said coins or currency of legal
that joint tenants hold a tender of the Philippines, or
moiety in property. In old of any other country; (b)
criminal law, there were drafts, checks and notes; (c)
moiety acts which allowed securities or negotiable
half of the fine money to be instruments, bonds,
handed over to the informer. commercial papers, deposit
[Duhaime's Legal Dict., certificates, trust
2004]. certificates, custodial
receipts or deposit substitute
Mole. The base unit of instruments, trading orders,
amount of substance which transaction tickets and
is the amount of substance confirmations of sale or
of a system which contains investments and money
as many elementary entities marked instruments; and (d)
as there are atoms in 0.012 other similar instruments
kilogram of carbon 12. When where title thereto passes to
the mole is used, the another by endorsement,
elementary entities must be assignment or delivery. [Sec.
specified and may be atoms, 3, RA 9160].
molecules, ions, electrons,
other particles, or specified Monetary interest. Interest
groups of such particles. for the use of the money
[Sec. 4, BP 8]. (from date of execution to
date of payment). [Reins.
Moneda. Sp. Money, specie, Co. of the Orient, Inc. v. CA,
coin. [US v. Gardner, GR GR L-61250. June 3, 1991].
1468. Mar. 14, 1904, citing Compare with
Appleton's Sp. Dict.]. Compensatory interest.
Moneda corriente. Sp. Money. Anything customarily

Currency. [US v. Gardner, GR used as a medium of
1468. Mar. 14, 1904, citing exchange and measure of
Appleton's Sp. Dict.]. value. [Intl. Law Dict. &
Direct., 2004].
Moneda sonate. Sp. Hard
money, specie. [US v. Money claims of workers.
Gardner, GR 1468. Mar. 14, Money claims referred to in
1904, citing Appleton's Sp. par. 3 of Art. 217 of the
Dict.]. Labor Code which embrace
those which arise out of or in
723
connection with the Monopolies and

employer-employee combinations in restraint
relationship, or some aspect of trade. Crim. Law. The
or incident of such felony committed by: (a) any
relationship. Money claims person who shall enter into
now falling within the any contract or agreement
original and exclusive or shall take part in any
jurisdiction of Labor Arbiters conspiracy or combination in
which have some reasonable the form of a trust or
causal connection with the otherwise, in restraint of
employer-employee trade or commerce or to
relationship. [San Miguel prevent by artificial means
Corp. v. NLRC, GR L-80774. free competition in the
May 31, 1988]. market; (b) any person who
shall monopolize any
Money market. A market merchandise or object of
dealing in standardized trade or commerce, or shall
short-term credit combine with any other
instruments (involving large person or persons to
amounts) where lenders and monopolize and
borrowers do not deal merchandise or object in
directly with each other but order to alter the price
through a middle man or thereof by spreading false
dealer in the open market. rumors or making use of any
[Perez v. CA, 127 SCRA 636 other article to restrain free
(1984)]. competition in the market;
(c) any person who, being a
Money shop. An extension manufacturer, producer, or
service unit of a banking processor of any
institution usually operating merchandise or object of
in public markets with commerce or an importer of
authority to accept money any merchandise or object of
for deposit and extend short- commerce from any foreign
term loans for specific country, either as principal
purposes. [Sec. 1, PD 426]. or agent, wholesaler or
retailer, shall combine,
Money supply. All holdings conspire or agree in any
of domestic currency and manner with any person
deposit money with the likewise engaged in the
exception of such holdings manufacture, production,
by the Government and by processing, assembling or
banks having checking importation of such
deposit liabilities in domestic merchandise or object of
currency. [Sec. 65, RA 265]. commerce or with any other
persons not so similarly
724
engaged for the purpose of Concepcion, AM RTJ-93-

making transactions 1062. Aug. 25, 1994].
prejudicial to lawful
commerce, or of increasing Moot. 1. Also called a Moot
the market price in any part point. A side issue, problem
of the Philippines, of any or question which does not
such merchandise or object have to be decided to
of commerce manufactured, resolve the main issues in a
produced, processed, dispute. [Duhaime's Legal
assembled in or imported Dict., 2004]. 2. A case or a
into the Philippines, or of any point which is not subject to
article in the manufacture of a judicial determination
which such manufactured, because it involves an
produced, or imported abstract question or a
merchandise or object of pretended controversy that
commerce is used. [Art. 186, has not yet actually arisen or
RPC]. has already passed.
Mootness usually refers to a
Monopoly. A privilege or court's refusal to consider a
peculiar advantage vested in case because the issue
one or more persons or involved has been resolved
companies, consisting in the prior to the court's decision,
exclusive right or power to leaving nothing that would
carry on a particular be affected by the court's
business or trade, decision. [Glossary of Legal
manufacture a particular Terms (Pro-Se), 2004].
article, or control the sale or
the whole supply of a Moot and academic. When a
particular commodity. It is a determination is sought on a
form of market structure in matter which, when
which one or only a few rendered, cannot have any
firms dominate the total practical effect on the
sales of a product or service. existing controversy, or
[Tatad v. Sec. of Energy, GR where no practical relief can
124360. Nov. 5, 1997, citing be granted. [Heirs of Roxas,
Black's Law Dict., 6th Ed., p. Inc. v. IAC, GR 67195. May
1007]. Compare with 29, 1989].
Combination in restraint
of trade. Moot court. Fictional or
hypothetical trial, usually
Montes veneris. Plural of hosted by law schools, as
mons veneris. That part of training for future barristers
the female genitalia where or litigators. [Duhaime's
pubic hair grows after the Legal Dict., 2004].
age of 13. [Dela Cruz v.
725
Mora. Lat. Delay. [Claridades, [Suarez, Stat. Con., (1993),

A., Compilation of Notes, p. 37].
2001-2006].
Morals. It is good customs;
Mora accipiendi. Lat. The those generally accepted
delay on the part of the principles of morality which
creditor to accept the have received some kind of
performance of the social and practical
obligation. [Diaz, Bus. Law confirmation. [Cui v. Arellano
Rev., 1991 Ed., p. 6]. Univ., GR L-15127. May 30,
1961, citing Manresa].
Moral certainty. That degree
of proof which produces Moral turpitude. 1. Any act
conviction in an done contrary to justice,
unprejudiced mind. [People honesty, modesty or good
v. Garcia, GR 94187. Nov. 4, morals. Some of the
1992]. particular crimes which have
been held to involve moral
Moral damages. Damages turpitude are adultery,
which include physical concubinage, rape, arson,
suffering, mental anguish, evasion of income tax,
fright, serious anxiety, barratry, bigamy, blackmail,
besmirched reputation, bribery, criminal conspiracy
wounded feelings, moral to smuggle opium, dueling,
shock, social humiliation, embezzlement, extortion,
and similar injury. Though forgery, libel, making
incapable of pecuniary fraudulent proof of loss on
computation, moral insurance contract, murder,
damages may be recovered mutilation of public records,
if they are the proximate fabrication of evidence,
result of the defendant's offenses against pension
wrongful act for omission. laws, perjury, seduction
[Art. 2217, CC]. under promise of marriage,
estafa, falsification of public
Moral irreproachability. document, estafa thru
Character of the highest falsification of public
order — excellent character. document. [Zari v. Flores,
[In Re: Po Yo Bi v. Rep., GR AM (2170-MC) P-1356. Nov.
32398. Jan. 27, 1992]. 21, 1979]. 2. An act of
baseness, vileness,
Moral law. Set of rules which depravity in the private and
establishes what is right and social duties which a man
what is wrong as dictated by owes his fellow man, or to
the human conscience and society in general, contrary
as inspired by eternal law. to the accepted and
726
customary rule of right and

duty between man and man, Mors omnia solvi. Lat.
or conduct contrary to Ddeath dissolves all things.
justice, honesty, modesty [People v. Satorre, GR L-
and good morals. [Tak Ng v. 26282. Aug. 27, 1976].
Rep., 106 Phil. 727 (1959)].
Mortgage. 1. A real contract
Mora solvendi. Lat. The whereby one person (called
delay on the part of the the mortgagor) offers his
debtor to fulfill his obligation real property as security for
(to give or to do). [Diaz, Bus. the principal obligation and
Law Rev., 1991 Ed., p. 6]. with the understanding that
when the obligation is paid
Mora solvendi ex re. Lat. or fulfilled, the mortgage or
The delay in giving or encumbrance on the said
delivering a thing. [Torres, property shall be cancelled
Oblig. & Cont., 2000 Ed., p. and released. [Suarez, Intro.
36]. to Law, 1995 3rd Ed., p. 122].
2. An interest given on a
Mora solvendi ex persona. piece of land, in writing, to
Lat. The delay in obligations guarantee the payment of a
to do or perform personal debt or the execution of
service. [Torres, Oblig. & some action. It automatically
Cont., 2000 Ed., p. 36]. becomes void when the debt
is paid or the action is
Moratorium. The temporary executed. [Duhaime's Legal
suspension of legal action Dict., 2004]. Compare with
against a person. [Duhaime's Pledge.
Legal Dict., 2004].
Mortgage bonds. Corp. Law.
Moratory interest. Interest Bonds secured by a
arising from breach of mortgage on specific
contract or tort for the corporate property. [Diaz,
unlawful detention of money Bus. Law Rev., 1991 Ed., p.
already due. [Moreno’s Law 269].
Dict., 2000 Ed., p. 299].
Mortgagee. The person
Moron lamps. Self lending the money and
improvised lamps, where a receiving the mortgage.
bottle, such as that of a San [Claridades, A., Compilation
Miguel beer bottle, is filled of Notes, 2001-2006].
with kerosene with a cloth
serving as a wick. [People v. Mortgagee in possession.
Urquia, Jr., GR 94787. Nov. One who has lawfully
19, 1991]. acquired actual or
727
constructive possession of the severity of the penalty

the premises mortgaged to imposed. [People v. Ocimar,
him, standing upon his rights GR 94555. Aug. 17, 1992].
as mortgagee and not
claiming under another title, Most significant
for the purpose of enforcing relationship doctrine. Intl.
his security upon such Law. Doctrine that courts
property or making its should apply the law of the
income help to pay his debt. state that has the closest
[Diaz v. De Mendezona, 48 and most real connection
Phil. 666, 669]. with the dispute. [Intl. Law
Dict. & Direct., 2004]. See
Mortgagor. The person who also Center of gravity
concedes a mortgage as doctrine.
security upon his property.
[Claridades, A., Compilation Motel. A roadside hotel for
of Notes, 2001-2006]. motorists, usually consisting
of private cabins. [Sec. 63,
Most-favored-nation clause PD 856]. Compare with
or treatment. Intl. Law. 1. Hotel.
That granted by one country
to another not less favorable Mother's milk. The
than that which has been or breastmilk from the
may be granted to the most newborn's own mother. [Sec.
favored among the 3, RA 7600].
countries. [Sandoval, Pol.
Law Reviewer 2003]. 2. It is Motion. Rem. Law. 1. An
intended to establish the application for relief other
principle of equality of than by a pleading. It must
international treatment by be in writing except those
providing that the citizens or made in open court or in the
subjects of the contracting course of a hearing or trial. A
nations may enjoy the motion shall state the relief
privileges accorded by either sought to be obtained and
party to those of the most the grounds upon which it is
favored nation. [Comm. of based, and if required by the
Internal Revenue v. SC Rules of Court or necessary
Johnson and Son, 309 SCRA to prove facts alleged
87, June 25, 1999]. therein, shall be
accompanied by supporting
Most guilty. Crim. Law. The affidavits and other papers.
highest degree of culpability [Sec. 1-3, Rule 15, RoC]. 2.
in terms of participation in An application made to a
the commission of the court or judge which
offense, and not necessarily requests a ruling or order in
728
favor of the applicant.

[Glossary of Legal Terms Motion for reconsideration.
(Pro-Se), 2004]. Rem. Law. A motion which is
in the category of a litigated
Motion day. Rem. Law. motion which requires a
Except for motions requiring notice of hearing and proof
immediate action, all of service. A remedy which
motions shall be scheduled an aggrived party may resort
for hearing on Friday in law to point out defects or
afternoons, or if Friday is a errors in decision. [Moreno’s
non-working day, in the Law Dict., 2000 Ed., p. 300].
afternoon of the next
working day. [Sec. 7, Rule Motion in limine. Rem. Law.
15, RoC]. A motion made by counsel
requesting that information
Motion ex parte. Rem. Law. which might be prejudicial
A motion made to the court not be allowed to be heard in
in behalf of one or the other a case. [Glossary of Legal
of the parties to the action, Terms (Pro-Se), 2004].
in the absence and usually
without the knowledge of the Motion of course. Rem. Law.
other party or parties. A motion where the movant
[Claridades, A., Compilation is entitled to relief or remedy
of Notes, 2001-2006]. sought as a matter of
discretion on the part of the
Motion for new trial. Rem. court. [Claridades, A.,
Law. Requisites: (a) That the Compilation of Notes, 2001-
evidence was discovered 2006].
after the trial; (b) that such
evidence could not have Motion picture. A series of
been discovered and pictures projected in a
produced at the trial even screen in rapid succession,
with the exercise of with objects shown in
reasonable diligence; and (c) successive positions slightly
that it is material, not merely changed so as to produce
corroborative or impeaching; the optical effect of a
and of such weight that it continuous picture in which
could probably change the the objects move, whether
judgment if admitted. the picture be black and
[People v. de la Cruz, 207 white or colored, silent or
SCRA 632, 641 (1992); with accompanying sound,
People v. Ducay, 225 SCRA on whatever medium and
1, 18 [1993]; People v. with whatever mechanism or
David, 230 SCRA 541, 547 equipment they are
(1994)]. projected, and in whatever
729
material they are preserved states no cause of action; (h)

or recorded for instant that the claim or demand set
projection, for the purpose of forth in the plaintiff's
PD 1986, the material in pleading has been paid,
which the motion picture is waived, abandoned, or
contained, preserved, or otherwise extinguished; (i)
recorded, forms an integral that the claim on which the
part of the motion picture action is founded is
subject of PD 1986. [Sec. 10, unenforceable under the
PD 1986]. provisions of the statute of
frauds; and (j) that a
Motion to dismiss. Rem. condition precedent for filing
Law. A motion which is the claim has not been
generally interposed before complied with. [Sec. 1, Rule
trial to attack the action on 16, RoC].
the basis of insufficiency of
the pleading, of process, Motion to quash. Rem. Law.
venue, joinder, etc. [Black’s A motion in writing signed by
Law Dict., Abr. 5th Ed. (1983), the accused or his counsel
p. 526]. specifying distinctly its
factual and legal grounds
Motion to dismiss. Rem. and the court shall consider
Law. Grounds. Within the no grounds other than those
time for but before filing the stated in the motion, except
answer to the complaint or lack of jurisdiction over the
pleading asserting a claim, a offense charged. [Sec. 2,
motion to dismiss may be Rule 117, RoC].
made on any of the following
grounds: (a) That the court Motion to quash. Rem. Law.
has no jurisdiction over the Grounds. The accused may
person of the defending move to quash the complaint
party; (b) that the court has or information on any of the
no jurisdiction over the following grounds: (a) that
subject matter of the claim; the facts charged do not
(c) that venue is improperly constitute an offense; (b)
laid; (d) That the plaintiff has that the court trying the
no legal capacity to sue; (e) case has no jurisdiction over
that there is another action the offense charged (c) that
pending between the same the court trying the case has
parties for the same cause; no jurisdiction over the
(f) that the cause of action is person of the accused; (d)
barred by a prior judgment that the officer who has filed
or by the statute of the information had no
limitations; (g) that the authority to do so; (e) that it
pleading asserting the claim does not conform
730
substantially to the which impels one to act for a

prescribed form; (f) that definite result, as
more than one offense is distinguished from intent
charged except when a which is the purpose to use a
single punishment for particular means to effect
various offenses is such result. [Bagajo v.
prescribed by law; (g) that Marave, GR L-33345. Nov.
the criminal action or liability 20, 1978, citing People v.
has been extinguished; (h) Molineux, 168 N.Y. 264, 297;
that it contains averments 61 N.E. 286, 296; 62 L.RA
which, if true, would 193].
constitute a legal excuse or
justification; and (i) that the Motorist. The driver of a
accused has been previously motor vehicle. [Sec. 3, RA
convicted or acquitted of the 8750].
offense charged, or the case
against him was dismissed Motor vehicle. 1. Both
or otherwise terminated private and public motor
without his express consent. vehicle. The term shall not
[Sec. 3, Rule 117, RoC]. include the tricycle and
motorcycle. [Sec. 3, RA
Motion to reopen. Rem. 8750]. 2. Any vehicle
Law. A motion which may propelled by any power
properly be presented only other than muscular power
after either or both parties using the public roads, but
have formally offered, and excluding road rollers, trolley
closed their evidence, but cars, street-sweepers,
before judgment. Unlike a sprinklers, lawn mowers,
motion for new trial, it is not bulldozers, graders, fork-lifts,
specifically mentioned and amphibian trucks, and
prescribed as a remedy by cranes if not used on public
the Rules of Court. [Alegre v. roads, vehicles which run
Reyes, GR L-56923. May 9, only on rails or tracks, and
1988]. tractors, trailers, and
traction engines of all kinds
Motive. Crim. Law. 1. The used exclusively for
special or personal reason agricultural purposes. [Sec.
which may prompt or induce 131, RA 7160]. 3. Any
a person to perform the act vehicle propelled by any
constituting a crime. [Bagajo power other than muscular
v. Marave, GR L-33345. Nov. power using the public
20, 1978, citing Padilla, highways, but excepting
Crim. Law, Rev. Penal Code, road rollers, trolley cars,
Annotated, 9th Ed., 1964, p. street-sweepers, sprinklers,
41]. 2. The moving power lawn mowers, bulldozers,
731
graders, fork-lifts, amphibian as personal property: (a)

trucks, and cranes if not Obligations and actions
used on public highways, which have for their object
vehicles, which run only on movables or demandable
rails or tracks, and tractors, sums; and (b) shares of
trailers and traction engines stock of agricultural,
of all kinds used exclusively commercial and industrial
for agricultural purposes. entities, although they may
Trailers having any number have real estate. [Arts. 416
of wheels, when propelled or & 417, CC].
intended to be propelled by
attachment to a motor Move in the premises
vehicle, shall be classified as resolution. It is not a
separate motor vehicle with license to occupy or enter
no power rating. [Sec. 2, RA the premises subject of
6539]. litigation especially in cases
involving real property. The
Motor vehicle of running resolution simply means
engine. A vehicle operating what is stated therein: the
and standing on any road or parties are obliged to inform
thoroughfare with engine the court of developments
running. [Sec. 3, RA 8750]. pertinent to the case which
may be of help to the court
MOU. Memorandum of in its immediate disposition.
Understanding. [Oliveras v. Lopez, GR L-
29727. Dec. 14, 1988].
Movable property. 1. The
following things are deemed Moving boundaries rule.
to be personal property: (a) Intl. Law. Legal rule that the
Those movables susceptible treaties of a state absorbing
of appropriation which are new territory become
not included in the Art. 415 effective within that
of the Civil Code; (b) real territory. [Intl. Law Dict. &
property which by any Direct., 2004].
special provision of law is
considered as personal MTC. Municipal Trial Court.
property; (c) forces of nature
which are brought under MTCC. Municipal Trial Court in
control by science; and (d) in Cities.
general, all things which can
be transported from place to Mt. Pinatubo Assistance,
place without impairment of Resettlement and
the real property to which Development Fund. RA
they are fixed. 2. The 7637 entitled “An Act
following are also considered appropriating the sum of ten
732
billion pesos for the aid, number of appeals may be

relief, resettlement, taken separately by different
rehabilitation and livelihood parties for different
services as well as purposes. [Bench Book for
infrastructure support for the Trial Court Judges, p. 3-4].
victims of the eruption of Mt.
Pinatubo, creating the Mt. Multiple nationality. Intl.
Pinatubo Assistance, Law. The possession by an
Resettlement and individual of more than one
Development Commission, nationality. It is acquired as
and for other purposes” a result of the concurrent
enacted on Sep. 24, 1992. application to him of the
conflicting municipal laws of
Multi-family dwelling. A two or more states claiming
dwelling on one lot him as their national. [Cruz,
containing separate living Intl. Law Reviewer, 1996 Ed.,
units for 3 or more families, pp. 102-103].
usually provided with
common access, services, Multiple-use. The
and use of land. [Sec. 3, BP harmonized utilization of the
220]. numerous beneficial uses of
the land, soil, water, wildlife,
Multilateral treaty. Treaty recreation value, grass and
between more than two timber of forest lands. [Sec.
states. [Intl. Law Dict. & 3, PD 705].
Direct., 2004].
Multipurpose cooperative.
Multinational company. A One which combines two (2)
foreign firm or entity or more of the business
engaged in international activities of these different
trade with affiliates or types of cooperatives. [Art.
subsidiaries or branch offices 23, RA 6938].
in the Asia-Pacific Region
and other foreign markets. Multi-recidivism. See
[Sec. 25, NIRC, as amended]. Habitual delinquency.
Multinational enterprise. Multi-recidivist. See

Business firm operating Habitual delinquent.
branches, subsidiaries, or
joint ventures in two or more Mumble. To utter words in a
states. [Intl. Law Dict. & low, confused, indistinct
Direct., 2004]. manner. [Moreno’s Law
Dict., 2000 Ed., pp. 301-
Multiple appeals. Appeals in 302].
special proceedings where a
733
Municipal certificate of purposes” enacted on Feb.

canvass of votes. A 8, 1990.
document containing the
total votes in words and in Municipal Trial Courts. The
figures obtained by each term, as used in the Rules of
candidate in a municipality. Court, shall include
[Sec. 2, RA 8046]. Metropolitan Trial Courts,
Municipal Trial Courts in
Municipal corporations. See Cities, Municipal Trial Courts,
Local government units. and Municipal Circuit Trial
Courts. [Sec. 2, Rule 5].
Municipal fisherfolk.
Persons who are directly or Municipal waters. These
indirectly engaged in include not only streams,
municipal fishing and other lakes, inland bodies of water
related fishing activities. and tidal waters within the
[Sec. 4, RA 8550]. municipality which are not
included within the
Municipal fishing or small- protected areas as defined
scale fishing. 1. Fishing under RA 7586 (The NIPAS
within municipal waters Law), public forest, timber
using fishing vessels of three lands, forest reserves or
(3) gross tons or less, or fishery reserves, but also
fishing not requiring the use marine waters included
of fishing vessels. [Sec. 4, RA between two (2) lines drawn
8550]. 2. Small scale fishing perpendicular to the general
utilizing fishing boats of coastline from points where
three gross tons or less or the boundary lines of the
using gears not requiring the municipality touch the sea at
use of boats. [Sec. 3, PD low tide and a third line
704; Sec. 3, PD 43]. parallel with the general
coastline including offshore
Municipal ordinance. See islands and fifteen (15)
Ordinance. kilometers from such
coastline. Where two (2)
Municipal Telephone Act of municipalities are so
1989. RA 6849 entitled “An situated on opposite shores
Act providing for the that there is less than thirty
installation, operation, and (30) kilometers of marine
maintenance of public waters between them, the
telephones in each and third line shall be equally
every municipality in the distant from opposite shore
philippines, appropriating of the respective
funds therefor and for other municipalities. [Sec. 4, RA
8550; Sec. 3, PD 704].
734
promise. [People v.
Murder. Crim. Law. 1. The Alincastre, 40 SCRA 391,
felony committed by any 408, Aug. 30, 1971, citing US
person who, not falling v. Maharaja Alim, 38 Phil. 1
within the provisions of Art. (1918)].
246, shall kill another, with
any of the following Murder. Elements: (a) That a
attendant circumstances: (a) person was killed; (b) that
with treachery, taking the accused killed him; (c)
advantage of superior that the killing was attended
strength, with the aid of by any of the qualifying
armed men, or employing circumstances mentioned in
means to weaken the Art. 248 of the Rev. Penal
defense or of means or Code; and (d) the killing is
persons to insure or afford not parricide or infanticide.
impunity; (b) in [People v. Cabiles, GR
consideration of a price, 115216. July 5, 1996, citing
reward, or promise; (c) by Reyes, The Rev. Penal Code,
means of inundation, fire, 13th Ed., p. 424].
poison, explosion, shipwreck,
stranding of a vessel, Muro-ami or drive-in-net. A
derailment or assault upon a Japanese fishing gear used
street car or locomotive, fall in reef fishing which consists
of an airship, by means of of a movable bagnet and two
motor vehicles, or with the detachable wings effecting
use of any other means the capture of fish by
involving great waste and spreading the net in an arc
ruin; (d) on occasion of any form around reefs or shoals
of the calamities and with the aid of scaring
enumerated in the preceding devices, a cordon of
paragraph, or of an fishermen drive the fish from
earthquake, eruption of a the reefs toward the bag
volcano, destructive cyclone, portion of the whole net. [82
epidemic or other public OG 48, 5052 Dec. 1, 1986;
calamity; (e) With evident Fisheries Admin. Order No.
premeditation; (f) With 163, S. 1986].
cruelty, by deliberately and
inhumanly augmenting the Musical instrument. A
suffering of the victim, or contrivance by which
outraging or scoffing at his musical sounds are
person or corpse. [Art. 248, produced. [Lazatin v. Comm.
RPC]. 2. The felony of Customs, GR L-19753. July
committed by a person who 30, 1969, citing Webster's
kills another in consideration New Int'l. Dict., p. 1288].
of a price, reward, or
735
Muslim. A person who permanently destroying a

testifies to the oneness of limb or an essential part
God and the Prophethood of thereof. [People v. Borce, GR
Muhammad and professes 124131. Apr. 22, 1998, citing
Islam. [Art. 7, PD 1083]. Webster's 3rd New Intl. Dict.].
3. In its criminal law concept,
Muslim law (Shari'a). All the one that would deprive a
ordinances and regulations person of the use of any of
governing Muslims as found those limbs which may be
principally in the Qur'an and useful to him in fight, the
the Hadith. [Art. 7, PD 1083]. loss of which amounts to
mayhem. [People v. Borce,
Muslim personal laws. All GR 124131. Apr. 22, 1998,
laws relating to personal citing Black's Law Dict., 6th
status, marriage and Ed., p. 1020].
divorce, matrimonial and
family relations, succession Mutilation of coins;
and inheritance, and importation and
property relations between utterance of mutilated
spouses as provided for in coins. Crim. Law. The felony
the Code of Muslim Personal committed by any person
Laws of the Philippines. [Art. who shall mutilate coins of
7, PD 1083]. the legal currency of the
Philippines or import or utter
Must. A word the use of mutilated current coins, or in
which is imperative and connivance with mutilators
operates to impose a duty or importers. [Art. 164, RPC].
which may be enforced.
[Claridades, A., Compilation Mutiny. Unlawful resistance
of Notes, 2001-2006]. to a superior officer, as the
raising of commotions and
Mutatis mutandis. Lat. For disturbances on board a ship
the same reasons. [US v. against the authority of its
Ponte, GR 5952. Oct. 24, commander. [Gregorio,
1911]. Fund. of Crim. Law Rev.,
1997 9th Ed., p. 372, citing
Mutilation. Crim. Law. 1. The Bouvier’s Law Dict.].
felony committed by any Compare with Piracy.
person who shall
intentionally mutilate Mutual assent. A meeting of
another by depriving him, the minds; agreement.
either totally or partially, or [Glossary of Legal Terms
some essential organ of (Pro-Se), 2004].
reproduction. [Art. 262,
RPC]. 2. Cutting off or
736
Mutual benefit association. securities in its portfolio.

Ins. Any society, association [Black’s Law Dict., Abr. 5th
or corporation, without Ed. (1983), p. 531].
capital stock, formed or
organized not for profit but Mutuality of contracts. 1.
mainly for the purpose of The principle ordained in Art.
paying sick benefits to 1308 of the Civil Code that
members, or of furnishing the contract must bind both
financial support to contracting parties and that
members while out of its validity or compliance
employment, or of paying to cannot be left to the will of
relatives of deceased one of them. 2. In order that
members of fixed or any obligations arising from
sum of money, irrespective contracts may have the
of whether such aim or force of law between the
purpose is carried out by parties, there must be
means of fixed dues or mutuality between the
assessments collected parties based on their
regularly from the members, essential equality. A contract
or of providing, by the containing a condition which
issuance of certificates of makes its fulfillment
insurance, payment of its dependent exclusively upon
members of accident or life the uncontrolled will of one
insurance benefits out of of the contracting parties, is
such fixed and regular dues void [Garcia v. Legarda, 21
or assessments, but in no SCRA 555].
case shall include any
society, association, or Mutual wills. Wills executed
corporation with such mutual pursuant to an agreement
benefit features and which between two or more
shall be carried out purely persons to dispose of their
from voluntary contributions property in a particular
collected not regularly and manner, each in
or no fixed amount from consideration of the other.
whomsoever may contribute. [Jurado, Comments & Jurisp.
[Sec. 390, IC]. on Succession, 1991 8th Ed.,
p. 104, citing 57 Am. Jur.
Mutual fund. An investment Sec. 681, p. 459].
company that raises money
by selling its own stock to Mutuum. Also Simple loan.
the public and investing the A contract of loan whereby
proceeds in other securities, one of the parties delivers to
with the value of its stock another money or other
fluctuating with its consumable thing, upon the
experience with the condition that the same
737
amount of the same kind

and quality shall be paid.
[Art. 1933, CC]. Compare
with Commodatum.
Myocardial. Pertaining to
muscular tissue of the heart.
[Pa-ac v. Itogon-Suyoc
Mines, GR L-35800. July 23,
1987].
Myocardial infarct. A region

of dead or dying tissue in the
muscle of the heart which is
the result of an obstruction
to the blood circulation,
usually by a clot. [Pa-ac v.
Itogon-Suyoc Mines, GR L-
35800. July 23, 1987, citing
Schmitt, Atty.’s Dict. of Med.
and Word Finder, (1965), p.
531].

738
Rejano, GR 105669-70. Oct.

18, 1994].
Namumuwisan. Tag. Lessee.

of Notes, 2001-2006].
Narcissism. Legal Med.

Extreme admiration of one’s
-N- self. Sexual gratification
attained by merely looking
Nagpapabuwis. Tag. Lessor. at the mirror and
[Claridades, A., Compilation appreciating one’s own self.
of Notes, 2001-2006]. [Olarte, Legal Med., 1st Ed.
(2004), p. 117].
Namamaga. Tag. Swollen.
[People v. Ruello, GR Narcotic drug. 1. Any drug
104737-38. Oct. 26, 1994]. which produces insensibility,
stupor, melancholy or
Name. That word or dullness of mind with
combination of words by delusions and which may be
which a person is habit-forming, and shall
distinguished from others include opium, opium
and which he bears as the derivatives and synthetic
label or appellation for the opiates. [Sec. 2, RA 6425]. 2.
convenience of the world at A drug that produces a
large in addressing him, or in condition of insensibility and
speaking of or dealing with melancholy dullness of mind
him. [Yu v. Rep., GR L- with delusions and may be
20874. May 25, 1966, citing habit-forming. [Art. 190,
38 Am. Jur. 595]. RPC].
Name hire. A worker who is Narration of facts. A recital

able to secure employment of things accomplished, of
overseas on his own without deeds, occurrence or
the assistance or happening. [People v.
participation of any agency Tugbang, GR 76212. Apr. 26,
or entity. [Sec. 1, Rule 1, IRR 1991].
of LC].
Nation. A group or race of
Namimintol. Tag. Catching people that share history,
“talangka” (small crabs) traditions and culture. States
[using “bintols” (bamboo- may be comprised of one or
and-net devices)]. [People v. several nations. It is
common English to use the
739
word Nation when referring violation thereof” enacted on

to what is known in law as May 5, 1994.
States. [Duhaime's Legal
Dict., 2004]. National Building Code of
the Philippines. PD 1096
National anthem. The entitled “Adopting a National
musical arrangement and Building Code of the
composition of Julian Felipe Philippines thereby revising
adopted as the national Republic Act Numbered
anthem of the Philippines. It Sixty-Five Hundred Forty
shall be sung or played upon One” enacted on Feb. 19,
the opening or start of all 1977.
state celebrations or
gatherings and on such National Capital Region
other occasions as may be (NCR). The region that
prescribed by appropriate covers the cities of
rules and regulations. [Sec. Kalookan, Manila, Pasay,
13, EO 292]. Quezon, Las Piñas, Makati,
Malabon, Mandaluyong,
National Apprenticeship Marikina, Muntinlupa,
Act. RA 1826, as amended. Navotas, Parañaque, Pasig
[Expressly repealed by the and Valenzuela, and the
Labor Code]. municipalities of Navotas,
Pateros, San Juan and
National athletes. Athletes Taguig. [Claridades, A.,
who are Filipino citizens, Compilation of Notes, 2001-
members of the national 2006].
training pool, recognized and
accredited by the Philippine National coaches and
Olympic Committee (POC) trainers. Coaches and
and the Philippine Sports trainers who are Filipino
Commission (PSC) and who citizens, members of the
have represented the national coaches and
country in international trainers pool, recognized and
competitions. [Sec. 3, RA accredited by the PSC and
9064]. who have represented the
country as official coaches
National Blood Services and trainers to national
Act of 1994. RA 7719 athletes in international
entitled “An Act promoting competitions. [Sec. 3, RA
voluntary blood donation, 9064].
providing for an adequate
supply of safe blood, National Commission on
regulating blood banks, and Indigenous Peoples
providing penalties for (NCIP). The primary
740
government agency for the total electrification of

responsible for the the philippines on an area
formulation and coverage service basis, the
implementation of policies, organization, promotion and
plans and programs to development of electric
recognize, protect and cooperatives to attain the
promote the rights of said objective, prescribing
Indigenous Cultural terms and conditions for
Communities/Indigenous their operations, the repeal
Peoples (ICCs/IPs). [Sec. 4, of Republic Act No. 6038,
RA 8371]. and for other purposes”
signed into law on Aug. 6,
National cultural treasure. 1973.
A unique object found
locally, possessing National Employment
outstanding historical, Service Law. RA 761.
cultural, artistic and/or [Expressly repealed by the
scientific value which is Labor Code].
highly significant and
important to this country National flag. The flag of the
and nation. [Sec. 3, RA Philippines which shall be
4846]. red, white and blue, with a
sun and three stars, as
National drug formulary. consecrated and honored by
See Essential drugs list. the people and recognized
by law. [Sec. 12, EO 292].
National Electrification
Administration (NEA). The National government. The
government agency created entire machinery of the
under PD 269, as amended, central government, as
and whose additional distinguished from the
mandate is further set forth different forms of local
in RA 9136. [Sec. 4, RA governments. [Sec. 2, RA
9136]. 7656].
National Electrification National government

Administration Decree. projects. All current and
PD 269 entitled “creating the future national government
National Electrification infrastructure, engineering
Administration as a works and service contracts,
corporation, prescribing its including projects
powers and activities, undertaken by government-
appropriating the necessary owned and –controlled
funds therefor and declaring corporations, all projects
a national policy objective covered by RA 6957, as
741
amended by RA 7718, (NIPAS). The classification

otherwise known as the and administration of all
Build-Operate-and-Transfer designated protected areas
Law, and other related and to maintain essential
necessary activities such as ecological processes and
site acquisition, supply life-support systems, to
and/or installation of preserve genetic diversity,
equipment and materials, to ensure sustainable use of
implementation, resources found therein, and
construction, completion, to maintain their natural
operation, maintenance, conditions to the greatest
improvement, repair and extent possible. [Sec. 4, RA
rehabilitation, regardless of 7586].
the source of funding. [Sec.
2, RA 8975]. National Internal Revenue
Code. PD 1158 entitled “A
National health insurance Decree to consolidate and
program. The compulsory codify all the internal
health insurance program of revenue laws of the
the government as Philippines” signed into law
established in RA 7875, as on June 3, 1977. See Tax
amended, which shall Reform Act of 1997.
provide universal health
insurance coverage and National irrigation system
ensure affordable, (NIS). A major irrigation
acceptable, available and system managed by the
accessible health care National Irrigation
services for all citizens of the Administration. [Sec. 4, RA
Philippines. [Sec. 1, RA 8435].
9241].
Nationality. Intl. Law.
National information Membership in a political
network (NIN). An community with all its
information network which concomitant rights and
links all offices and levels of obligations. It is a tie that
the DA with various research binds an individual to his
institutions and local end- state, from which he can
users, providing easy access claim protection and whose
to information and laws he is obliged to obey.
marketing services related [Cruz, Intl. Law Reviewer,
to agriculture and fisheries. 1996 Ed., p. 102]. Compare
[Sec. 4, RA 8435]. with Citizenship.
National integrated Nationality of the claim.

protected areas systems Intl. Law. Suits brought in
742
international tribunals on the status of a natural

behalf of a private person person is determined by the
may be made only by the latter's nationality. [Ellis v.
person's national state. [Intl. Rep., GR L-16922. Apr. 30,
Law Dict. & Direct., 2004]. 1963]. See Domiciliary
theory.
Nationality principle. Intl.
Law. 1. Doctrine that a court Nationalization. The
has criminal jurisdiction if acquisition by a state of
the defendant is a national property previously held by
of the forum state. 2. private persons or
Doctrine that a state may companies usually in
tax the worldwide income of exchange for some
its nationals. [Intl. Law Dict. consideration. [Intl. Law Dict.
& Direct., 2004]. & Direct., 2004].
Nationality principle. Nationalization law. Also

Taxation. Domiciliary Filipinization law. One
principle. which limits a certain
economic activity, or the
Nationality rule. Laws exercise or enjoyment of a
relating to family rights and certain right, franchise,
duties, or to the status, privilege, property or
condition and legal capacity business only to Filipino
of persons are binding upon citizens, or to corporations or
citizens of the Philippines, associations at least a
even though living abroad. certain percentage of the
[Art. 15, CC]. capital of which is owned by
Filipino citizens. [Martin,
Nationality rule. Exception: Commentaries and Jurisp. on
Where a marriage between a Comml. Laws, Vol. 1, 1988
Filipino citizen and a Rev. Ed., p. 543].
foreigner is validly
celebrated and a divorce is National park. 1. A forest
thereafter validly obtained reservation essentially of
abroad by the alien spouse natural wilderness character
capacitating him or her to which has been withdrawn
remarry, the Filipino spouse from settlement, occupancy
shall have capacity to or any form of exploitation
remarry under Philippine except in conformity with
law. [Art. 26, par. 2, FC, as approved management plan
amended by EO 227]. and set aside as such
exclusively to conserve the
Nationality theory. The area or preserve the
theory that jurisdiction over scenery, the natural and
743
historic objects, wild animals created under RA 6395, as

and plants therein and to amended. [Sec. 4, RA 9136].
provide enjoyment of these
features in such areas. [Sec. National reserve areas.
4, RA 7586]. 2. A forest land Areas which have been
reservation essentially of included in any Exploration
primitive or wilderness or Exploitation concession
character which has been but which have been
withdrawn from settlement subsequently given up by
or occupancy and set aside the concessionaire
as such exclusively to voluntarily or in accordance
preserve the scenery, the with the requirement of Arts.
natural and historic objects 50 and 53 of RA 387; or
and the wild animals or areas covered by Exploration
plants therein, and to or Exploitation concession
provide enjoyment of these which have expired or have
features in such a manner as been cancelled; or areas
will leave them unimpaired which have been included
for future generations. [Sec. within any of the two kinds
3, PD 705]. of concession but which are
found to be in excess the
National party. A party the maximum areas allowed by
constituency of which is RA 387 for such concessions.
spread over the [Art. 15, RA 387].
geographical territory of at
least a majority of the National service training
regions. [Sec. 3, RA 7941]. program (NSTP). A
program aimed at enhancing
National patrimony. The civic consciousness and
term refers not only to the defense preparedness in the
natural resources of the youth by developing the
Philippines, as the ethics of service and
Constitution could have very patriotism while undergoing
well used the term natural training in any of its three
resources, but also to the (3) program components. Its
cultural heritage of the various components are
Filipinos. [Manila Prince specially designed to
Hotel v. GSIS, GR 122156. enhance the youth's active
Feb. 3, 1997]. See contribution to the general
Patrimony. welfare. [Sec. 3, RA 9163].
National Power National standard of care.

Corporation (NPC). The Intl. Law. Doctrine that a
government corporation state must treat aliens in the
same way that it treats its
744
own nationals. [Intl. Law organization with at least ten

Dict. & Direct., 2004]. (10) locals or chapters each
of which must be a duly
National territory. It recognized collective
comprises the Philippine bargaining agent. [Sec. 1,
archipelago, with all the Rule 1, Book 5, IRR of LC].
islands and waters
embraced therein, and all Native-born citizen. One
other territories over which who was born in a country in
the Philippines has which he is a citizen.
sovereignty or jurisdiction, [Suarez, Pol. Law Reviewer,
consisting of its terrestrial, 1st Ed., 2002, p. 252].
fluvial, and aerial domains,
including its territorial sea, Native title. Pre-conquest
the seabed, the subsoil, the rights to lands and domains
insular shelves, and other which, as far back as
submarine areas. The waters memory reaches, have been
around, between, and held under a claim of private
connecting the islands of the ownership by Indigenous
archipelago, regardless of Cultural
their breadth and Communities/Indigenous
dimensions, form part of the Peoples (ICCs/IPs), have
internal waters of the never been public lands and
Philippines. [Art. I, 1987 Phil. are thus indisputably
Const.]. presumed to have been held
that way since before the
National Transmission Spanish Conquest. [Sec. 4,
Corporation (TRANSCO). RA 8371].
The corporation organized to
acquire all the transmission Natural appropriation. The
assets of the NPC pursuant occurrence whereby private
to RA 9136. lands have been invaded by
the waters or waves of the
National treatment. A tenet sea and converted into
of international trade portions of the shore or
agreements whereby nations beach. [Moreno’s Law Dict.,
must afford imported goods 2000 Ed., p. 305].
the same treatment that
they afford domestic or Natural bed or basin of
"national" products (no lakes. The ground covered
discrimination). [LawInfo by their waters when at their
Legal Dictionary (2005)]. highest ordinary depth.
[Rep. v. Alagad, GR 66807.
National union or Jan. 26, 1989, citing Spanish
federation. Any labor Law of Waters (1866)]
745
are void from the beginning.

Natural bed. Also Channel [Claridades, A., Compilation
(of a creek or river). The of Notes, 2001-2006].
ground covered by its waters
during the highest (ordinary) Natural fruits. The
floods. The original Spanish spontaneous products of the
text reads: "Alveo a cauce soil, and the young and
natural de un arroyo y rio es other products of animals.
el terreno que cubren sus [Art. 442, CC].
aguas en las mayores
crecidas ordinarias." [Hilario Natural gas. Gas obtained
v. City of Manila, GR L- from boreholes and wells
19570. Apr. 27, 1967]. and consisting primarily of
hydrocarbons. [Sec. 3, PD
Natural biotic area. An area 87].
set aside to allow the way of
life of societies living in Natural history specimens.
harmony with the Live or preserved specimens
environment to adopt to of plants and animals,
modern technology at their fossils, rocks and minerals.
pace. [Sec. 4, RA 7586]. Only types, presently
irreplaceable specimens,
Natural-born citizens. and those in danger of
Those who are citizens of the extinction shall be embraced
Philippines from birth in RA 4846. [Sec. 3, RA
without having to perform 4846].
any act to acquire or perfect
their Philippine citizenship. Naturalism. Theory that
[Sec. 2, Art. IV, 1987 Phil. international law is superior
Const.]. to the law of individual
states and normative. [Intl.
Natural children. Children Law Dict. & Direct., 2004].
born outside wedlock of
parents who, at the time of Naturalization. Process by
the conception of the which a person acquires
former, were not disqualified nationality after birth and
by any impediment to marry becomes entitled to
each other. [Claridades, A., privileges of citizenship.
Compilation of Notes, 2001- [Glossary of Legal Terms
2006]. Compare with (Pro-Se), 2004].
Spurious children.
Naturalized citizen. One
Natural children by legal who acquires his Philippine
fiction. Children conceived citizenship after birth by any
or born of marriages which one of the modes allowed by
746
law. [Suarez, Pol. Law enforce their performance,

Reviewer, 1st Ed., 2002, p. but after voluntary
376]. fulfillment by the obligor,
they authorize the retention
Natural justice. A word used of what has been delivered
to refer to situations where or rendered by reason
audi alteram partem (the thereof. [Art. 1423, CC].
right to be heard) and nemo Compare with Civil
judex in parte sua (no obligations.
person may judge their own
case) apply. The principles of Natural oleochemical.
natural justice were derived Chemicals derived from
from the Romans who processing plant-based
believed that some legal natural oils such as but not
principles were natural or limited to coconut, palm,
self-evident and did not palm kernel, sunflower, and
require a statutory basis. rapeseed. [Sec. 2, RA 8970].
2004]. Natural park. A relatively
large area not materially
Natural law. The law which altered by human activity
derives its force and where extractive resources
authority from God. It is uses are not allowed and
superior to other laws. It is maintained to protect
binding to the whole world, outstanding natural and
in all countries and at all scenic areas of national or
times. [Suarez, Stat. Con., international significance for
(1993), p. 37]. scientific, educational and
recreational use. [Sec. 4, RA
Natural monument. A 7586].
relatively small area focused
on protection of small Natural person. A human
features to protect or being. [Intl. Law Dict. &
preserve nationally Direct., 2004].
significant natural features
on account of their special Natural product. Those
interest or unique foods that grow
characteristics. [Sec. 4, RA spontaneously in nature
7586]. whether or not they are
tended by man. It also refers
Natural obligations. to foods that have been
Obligations which, not being prepared from grains,
based on positive law but on vegetables, fruits, nuts,
equity and natural law, do meats, fish, eggs, honey,
not grant a right of action to raw milk, and the like,
747
without the use or addition plants and associated

of additives, preservatives, equipments including screw
artificial colors and flavors, propeller, paddle wheel and
or manufactured chemicals Voith-Schneider propeller, or
of any sort after harvest or any other means of
slaughter. [Sec. 4, RA 8423]. transmitting power from the
main propulsion engine (s)
Natural resources. Life- to the buoyant fluid; marine
support systems such as the auxiliaries, including
sea, coral reefs, soil, lakes, refrigeration, air
rivers, streams, and forests conditioning, ventilation, and
as well as useful products heating plants and
found therein such as equipments and hull
minerals, wildlife, trees and machineries; management,
other plants, including the maintenance or operation of
aesthetic attributes of scenic any shipyard, graving dock,
sites that are not man-made. marine slipways, and any
[Sec. 3, RA 7611]. facility for the salvage,
repair or maintenance of
Natural support. Support floating vessels or
which extends only to what equipments. [Sec. 2, RA
are absolutely necessary for 4565].
subsistence. [Moreno’s Law
Dict., 2000 Ed., pp. 306- Navigable air space. Air
307]. space above the minimum
altitudes of flight prescribed
Nautical mile. A unit of linear by regulations issued under
measure equal to 6,080 feet RA 776. [Sec. 3, RA 776].
(1,853.2 meters). [Moreno’s
Law Dict., 2000 Ed., p. 306]. Navigable river. A river that
is floatable, that is, a river
Naval architecture and admitting floats. And, thus a
marine engineering, floatable stream is
practice of. The practice considered a navigable
shall embrace services in the stream. [Macatangay v. Sec.
form of plans, specifications, of Public Works and Comm.,
estimates, or supervision of GR L-21673. May 16, 1966,
the construction, alteration; citing 64 CJS 50]. It has been
or structural survey of any ruled that a river with a
floating vessel or equipment, depth of 1 foot at low tide is
self-propelled or otherwise; evidently navigable at high
plans or layouts, tide for vessels of deeper
specifications, estimates or draft of 1 foot and at low tide
supervision of the for navigable to those of 1
installation of marine power foot drafts, thereby applying
748
floatability as the norm of Necessary. 1. Reasonably

navigability under RA 2056 convenient. [Alabama & Ry.
[Villongco v. Moreno, L- Co. v. Odeneal, 73 Miss. 34,
17240, Jan. 31, 1962]. 19 South, 202]. 2. This word
has great flexibility of
Navigable waters. 1. The meaning. It is used to
waters of the Philippines, express mere convenience,
including the territorial sea or that which is
and inland waters which are indispensable to the
presently, or be in the future accomplishment of a
susceptible for use by purpose. [St. Louis, J & CR.
watercraft. [Sec. 3, PD 979]. Co. v. Trustee, 42 III. 307]. 3.
2. All navigable portions of It frequently imports no
the seas, estuaries, and more than that one thing is
inland waterways. [Sec. 3, convenient, or useful or
PD 857]. essential to another,
[McCulloch v. Maryland, 4
Navigation of aircraft or Wheat (US) 414, 4 L. Ed.
navigating aircraft. 579].
Piloting of aircraft. [Sec. 3,
RA 776]. Necessary deposit. Civ.
Law. A deposit (a) made in
Near contact fire. The compliance with a legal
phrase implies a distance of obligation; or (b) which takes
not more than three inches place on the occasion of any
between the wound and the calamity, such as fire, storm,
muzzle of the firearm. flood, pillage, shipwreck, or
[Austria v. People, GR other similar events. [Art.
83530. Dec. 18, 1990]. 1996, CC]. Compare with
Compare with Contact fire. Voluntary deposit.
Nearest of kin. The person Necessary expenses. 1. Civ.

whose interest in the estate Law. Those made for the
is more preponderant. preservation of the property
[Moreno’s Law Dict., 2000 or thing upon which they
Ed., p. 306]. have been expended.
[Santos v. De Guzman, GR L-
Necessaries. Those 11406. Apr. 26, 1961].
indispensable for Compare with Useful
sustenance, dwelling, expenses. 2. Taxation. The
clothing and medical expenditures appropriate
attendance. It also includes and helpful in the
education. [Torres, Oblig. & development of the
Cont., 2000 Ed., p. 352]. taxpayers business. [Atlas
Consolidated Mining & Devt.
749
Corp. v. Comm. of Int. Rev., can be made in their

GR L-26911. Jan. 27, 1981, absence without affecting
citing Martens, Law of them. [Seno v. Mangubat,
Federal, Income Taxation, GR L-44339. Dec. 2, 1987].
Vol. IV, p. 315]. Compare
with Ordinary expenses. Necessary party. A party
who is not indispensable but
Necessary implication who ought to be joined as a
doctrine. Stat. Con. A rule party if complete relief is to
of statutory construction be accorded as to those
which provides that every already parties, or for a
statute is understood, by complete determination or
implication, to contain all settlement of the claim
such provisions as may be subject of the action. [Sec. 8,
necessary to effectuate its Rule 3, RoC]. Compare with
object and purpose, or to Indispensable party.
make effective rights,
powers, privileges or Necessity theory. The
jurisdiction which it grants, theory that the power to tax
including all such collateral is an attribute of
and subsidiary sovereignty. It is a power
consequences as may be emanating from necessity. It
fairly and logically inferred is a necessary burden to
from its terms. [Chua v. CSC, preserve the State's
GR 88979, Feb. 7, 1992, 206 sovereignty and a means to
SCRA 65, and cited cases give the citizenry an army to
therein]. resist an aggression, a navy
to defend its shores from
Necessary means. The invasion, a corps of civil
phrase merely signifies that servants to serve, public
one crime is committed to improvements designed for
facilitate and insure the the enjoyment of the
commission of the other. citizenry and those which
[Aquino, Rev. Penal Code, come within the State's
Vol. I, 1987 Ed., p. 624, territory, and facilities and
citing Dissent, Montemayor, protection which a
J., Amado Hernandez, 99 government is supposed to
Phil. 515]. provide. [Phil. Guaranty Co.
v. Comm. of Int. Rev., GR L-
Necessary parties. Those 22074. Apr. 30, 1965].
whose presence is necessary
to adjudicate the whole Necrophilia. Legal Med. A
controversy, but whose sexual perversion
interests are so far characterized by erotic
separable that a final decree desire or coitus with a
750
cadaver. [Olarte, Legal Med., Sing, 22 SCRA 48 (1968);

1st Ed. (2004), p. 114]. Tamayo v. Callejo, 46 SCRA
27 (1972)].
Negative defense. The
specific denial of the Negative testimony. It is
material fact or facts alleged when the witness says that
in the complaint, essential to he did not see or know of the
the plaintiff's cause or factual occurrence. [Tanala
causes of action. [Sec. 5, v. NLRC, GR 116588. Jan. 24,
Rule 6, RoC]. Compare with 1996]. Compare with
Affirmative defense. Positive testimony.
Negative easement. An Neglect. 1. The failure to do

easement which prohibits what can be done and what
the owner of the servient is required to be done.
estate from doing something [Coronado v.
which he could lawfully do if Sandiganbayan, GR 94955.
the easement did not exist. Aug. 18, 1993, citing West's
[Art. 616, CC]. Compare with Legal Thesaurus/Dict.,
Positive easement. 1986]. 2. Careless or
unintentional failure to
Negative evidence. exercise diligence in the
Evidence where the witness performance of official duty
states that he did not see or and including willful neglect
know the occurrence of a or misfeasance involving
fact. [Francisco, Evidence, failure in the performance of
Vol. VII, Part 1, 1997 Ed., p. legal duties. [Manual on
4]. Compare with Positive Definitions of Admin.
evidence. Offenses in the Civil Service,
Oct. 2004, p. 5, citing Words
Negative freedom of & Phrases, Vol. 27 (1955)].
association. Labor. The
right not to join a labor Neglected child. A child
union. [Poquiz, Labor Rel. whose basic needs have
Law, 1999 Ed. p. 101]. been deliberately
unattended or inadequately
Negative pregnant. A denial attended. [Art. 141, PD 603].
pregnant with the admission Compare with Abandoned
of the substantial facts in the child and Dependent
pleading responded to which child.
are not squarely denied. It is
in effect an admission of the Neglect of duty. Also Non-
averment it is directed to. feasance. 1. The omission
[61A Am. Jur. 2d, Pleadings or refusal, without sufficient
172-173; Galofa v. Nee Bon excuse, to perform an act or
751
duty, which was the officer's negligence. [Intl. Law Dict. &
legal obligation to perform. Direct., 2004].
[Sec. 8, PD 971]. 2. Failure to
give due attention, Negligence test. The test for
especially to the determining whether a
performance of a task or person is negligent in doing
duty, a designed refusal, an act whereby injury or
indifference or unwillingness damage results to the
to perform one’s duty. person or property of
[Magallanes v. Prov. Board, another is this: Would a
66 OG 7839]. prudent man, in the position
of the person to whom
Negligence. 1. The omission negligence is attributed,
of that diligence which is foresee harm to the person
required by the nature of the injured as a reasonable
obligation and corresponds consequence of the course
with the circumstances of about to be pursued. If so,
the persons, of the time and the law imposes a duty on
of the place. [Art. 1173, CC]. the actor to refrain from that
2. The omission to do course or to take precaution
something which a against its mischievous
reasonable man, guided by results, and the failure to do
those considerations which so constitutes negligence.
ordinarily regulate the Reasonable foresight of
conduct of human affairs, harm, followed by the
would do, or the doing of ignoring of the admonition
something which a prudent born of this prevision, is the
and reasonable man would constitutive fact in
not do. [Layugan v. IAC, GR negligence. [Picart v. Smith,
73998. Nov. 14, 1988]. 3. GR L-12219. Mar. 15, 1918].
The failure to observe for the
protection of the interests of Negotiability. That attribute
another person, that degree of property whereby a bill or
of care, precaution, and note or check may pass from
vigilance which the hand to hand similar to
circumstances justly money, so as to give the
demand, whereby such other holder in due course, the
person suffers injury. right to hold the instrument
th
[Cooley on Torts, 4 Ed., vol. and to collect the sum
3, 265]. payable for himself free from
defenses. [Claridades, A.,
Negligence per se. Conduct Compilation of Notes, 2001-
defined by statute as 2006].
automatically constituting

752
Negotiability. Requisites: An as to give the holder in due

instrument to be negotiable course the right to hold the
must conform to the instrument and collect the
following requirements: (a) It sum for himself. [Suggested
must be in writing and answer to Bar 1946; 1949,
signed by the maker or cited in Miravite, Bar Review
drawer; (b) must contain an Materials in Comm. Law, 12th
unconditional promise or Ed., (2002), p. 63]. 2. A
order to pay a sum certain in written document which,
money; (c) must be payable when properly executed and
on demand, or at a fixed or delivered, can be used as a
determinable future time; (d) means of exchange and
must be payable to order or credit in place of money.
to bearer; and (e) where the [Torres, Oblig. & Cont., 2000
instrument is addressed to a Ed., p. 352].
drawee, he must be named
or otherwise indicated Negotiable instrument.
therein with reasonable Requisites: (a) It must be in
certainty. [Sec. 1, NIL]. writing and signed by the
maker or drawer; (b)
Negotiability, words of. must contain an
Nego. Inst. The words which unconditional promise or
the instrument in must order to pay a sum certain in
contain in order to be money; (c) must be payable
considered negotiable — i.e., on demand, or at a fixed or
must be payable to 'order' or determinable future time; (d)
'bearer.' [Salas v. CA, GR must be payable to order or
76788. Jan. 22, 1990]. to bearer; and (e) where the
instrument is addressed to a
Negotiable document of drawee, he must be named
title. A document of title in or otherwise indicated
which it is stated that the therein with reasonable
goods referred to therein will certainty. [Sec. 1, NIL].
be delivered to the bearer,
or to the order of any person Negotiable Instruments
named in such document. Law. Act 2031 which took
[Art. 1507, CC]. effect on June 2, 1911, and is
patterned after the US
Negotiable instrument. 1. A Uniform Negotiable
written contract for the Instruments Law, which in
payment of money which by turn is copied from the
its form and on its face is English Bill of Exchange Act
intended as a substitute for of 1882. [Miravite, Bar
money and passes from Review Materials in Comm.
hand to hand as money, so Law, 12th Ed., (2002), p. 63]
753
If before negotiation, it has

Negotiable note. A chose in no liability with respect to
action, or evidence of the the seller but after
right of the real owner. negotiation, a contractual
[Moreno’s Law Dict., 2000 relationship will then prevail
Ed., p. 308]. between the negotiating
bank and the seller. [Feati
Negotiable receipt. A Bank & Trust Co. v. CA, GR
receipt in which it is stated 94209. Apr. 30, 1991, citing
that the goods received will Scanlon v. First National
be delivered to the bearer or Bank of Mexico, 162 N.E.
to the order of any person 567 (l928)].
named in such receipt. [Sec.
5, Act 2137]. See Non- Negotiation. Civ. Law. The
negotiable receipt. period from the time the
prospective contracting
Negotiate. To communicate parties indicate interest in
on a matter of disagreement the contract to the time the
between two parties, with a contract is concluded
view to first listen to the (perfected). [Ang Yu v. CA,
other party's perspective GR 109125. Dec. 2, 1994].
and to then attempt to arrive Compare with Perfection
at a resolution by consensus. and Consummation.
2004]. Negotiation. Nego. Inst. 1.
The transfer of an
Negotiated purchase. The instrument from one person
procurement of supplies to another in such manner
without public bidding as to constitute the
undertaken for the purpose. transferee the holder
[IRR on Supply & Prop. Mgt., thereof. If payable to bearer,
per Sec. 383, LGC]. it is negotiated by delivery; if
payable to order, it is
Negotiated sale. A sale negotiated by the
without public bidding indorsement of the holder
undertaken for the purpose. completed by delivery. [Sec.
[IRR on Supply & Prop. Mgt., 30, NIL]. 2. The process of
per Sec. 383, LGC]. submission and
consideration of offers until
Negotiating bank. A an acceptable offer is made
correspondent bank which and accepted. [Glossary of
buys or discounts a draft Legal Terms (Pro-Se), 2004].
under the letter of credit. Its
liability is dependent upon Negotiations. Intl. Law. 1.
the stage of the negotiation. The first steps taken in the
754
settlement of international voluntary administration of

disputes. It is nothing more the abandoned business or
than the discussion by the property belonging to
parties themselves of their another without the consent
respective claims and of the latter. [Torres, Oblig.
counterclaims with a view to & Cont., 2000 Ed., p. 285].
their just and orderly
adjustment. [Cruz, Intl. Law Nemo bis punitur pro
Reviewer, 1996 Ed., p. 120]. eodem delicto. Lat. No
2. The preliminary man is punished twice for
discussions leading up to the the same fault or offense.
adoption of an agreement. [Mallari v. People, GR L-
[Intl. Law Dict. & Direct., 58886. Dec. 13, 1988].
2004].
Nemo contra factum suum
Negotiorum gestio. The venire potest. Lat. No man
voluntary administration of can contradict his own act or
the abandoned business or deed. [Moreno’s Law Dict.,
property belonging to 2000 Ed., p. 308].
another without the consent
of the latter. [Torres, Oblig. Nemo cum alterius
& Cont., 2000 Ed., p. 285]. detrimento locupletari
potest. Lat. No one shall
Negotiorum gestio. enrich himself at the
Requisites: (a) It must refer expense of another. [Santos
to definite affairs; (b) the v. CA, GR 100963. Apr. 6,
business or property must 1993].
be abandoned or neglected;
(c) there is no express or Nemo dare potest quod
implied authority from the non habet. Lat. One cannot
owner; (d) the negotiorum give what he never had
gestor or officious manager before. [Vda. De Reyes v.
must have been moved by CA, GR 92436. July 26,
honest intention to protect 1991].
the interest of the owner; (e)
there is no prohibition from Nemo dat quod non habet.
the owner; (f) the business Lat. No one can give what he
or property is susceptible of does not have. [Mercado v.
compiled without mandatum CA, GR 108592. Jan. 26,
(order). [Torres, Oblig. & 1995].
Cont., 2000 Ed., p. 286].
Nemo debet bis puniri pro
Negotiorum gestor. Also uno delicto. Lat. No person
Officious manager. The can be twice put in this peril
person who assumed the for the same offense.
755
[People v. Vergara, GR debet esse judex in

101557-58. Apr. 28, 1993]. propria causa.
Nemo debet bis vexari et Nemo judex in sua causa.

eadem causa. Lat. No Lat. Nobody should judge his
person should be vexed own cause. [Duhaime's Legal
twice for the same cause. Dict., 2004].
[Allied Banking Corp. v. CA,
GR 108089. Jan. 10, 1994]. Nemo plus juris ad alium
transferre potest quam
Nemo debet bis vexari pro ipse habet. Lat. No man
uno cadeve causa. Lat. No can transfer to another a
man shall be twice vexed for right or title greater than he
one and the same cause. himself possesses. [Moreno’s
[Moreno’s Law Dict., 2000 Law Dict., 2000 Ed., p. 309].
Ed., p. 309].
Nemo potest esse simul
Nemo debet esse judex in actor et judex. Lat. No man
propria causa. Lat. No one can be at once a litigant and
can be a judge in his own judge. [Corona v. CA, GR
cause. [Filipino Metals Corp. 97356. Sep. 30, 1992].
v. Ople, GR L-43861. Sep. 4,
1981]. See Nemo judex in Nemo potest nisi quod de
parte sua. jure potest. Lat. No man
can do anything except what
Nemo ex alterius he can do lawfully. [Traders
incommodo debet Royal Bank v. CA, GR 93397.
lecupletari. Lat. No man Mar. 3, 1997].
ought to be made rich out of
another's injury. [Security Nemo tenetur ad
Bank & Trust Co. v. CA, GR impossibile. Lat. The law
117009. Oct. 11, 1995]. obliges no one to perform an
impossibility. [Prov. of Cebu
Nemo judex in parte sua. v. IAC, GR 72841. Jan. 29,
Lat. No person may judge 1987].
their own case. A
fundamental principle of Neovascular glaucoma. It is
natural justice which states classified as secondary
that no person can judge a glaucoma caused by another
case in which he is party. eye disease or injury. [Hatta
[Claridades, A., Compilation Hataie v. ECC, GR 92803.
of Notes, 2001-2006]. May Mar. 22, 1991].
also be called Nemo judex
in sua causa or nemo Nephritis. An acute, diffuse
inflammation of the
756
glomeruli or kidneys. It appraisal increase and

usually follows previous construction in progress.
streptoccocal infection [Sec. 3, RA 7942].
mostly in the upper
respiratory tract. [Clemente Net asset value. The amount
v. GSIS, GR L-47521. July 31, of assets exceeding the
1987]. liabilities as differentiated
from total assets which
Nepos neptisve. Sp. include the liabilities.
Grandson or granddaughter. [Adamson v. CA, GR 106879.
[Barretto v. Tuason, GR May 27, 1994].
23923. Mar. 23, 1926].
Net book value. This is
Nepotism. The prohibition on computed by deducting
all appointments in the accumulated depreciation on
national, provincial, city and cost from historical cost.
municipal governments or in [RCPI v. Natl. Wages Council,
any branch or GR 93044. Mar. 26, 1992].
instrumentality thereof,
including government-owned Net capital gain. The excess
or controlled corporations, of the gains from sales or
made in favor of a relative of exchanges of capital assets
the appointing or over the losses from such
recommending authority, or sales or exchanges. [Sec. 39,
of the chief of the bureau or NIRC, as amended].
office, or of the persons
exercising immediate Net capital loss. The excess
supervision over him. The of the losses from sales or
word Relative and members exchanges of capital assets
of the family referred to are over the gains from such
those related within the third sales or exchanges. [Sec. 39,
degree either or NIRC, as amended].
consanguinity or of affinity.
[Sec. 59, Book V, EO 292]. Net earnings. Income
derived from whatever
Net appraised value. See source, whether exempt or
Sound value. subject to tax, net of
deductions allowed under
Net assets. The property, Sec. 29 of the National
plant and equipment as Internal Revenue Code, as
reflected in the audited amended, and income tax
financial statement of the and other taxes paid
contractor net of thereon, but in no case shall
depreciation, as computed any reserve for whatever
for tax purposes, excluding purpose be allowed as a
757
deduction from net earnings. agriculture whether irrigated

[Sec. 2, RA 7656]. or not; agro-industrial
croplands or lands presently
Net income. Gross planted to industrial crops
business/professional that support the viability of
income less allowable existing agricultural
deductions, (a) including infrastructure and agro-
personal and additional based enterprises,
exemptions, or (b) including highlands, or areas located
only basic personal at an elevation of five
exemption (when allowed in hundred (500) meters or
the case of non-resident above and have the
aliens engaged in trade or potential for growing semi-
business or the exercise of a temperate and high-value
profession in the crops; all agricultural lands
Philippines); or (c) without that are ecologically fragile,
both personal and additional the conversion of which will
exemptions (as to such non- result in serious
resident aliens. [De Leon, environmental degradation,
Fundamentals of Taxation, and mangrove areas and fish
2000 Ed., p. 96]. Compare sanctuaries. [Sec. 4, RA
with Gross income. 8435].
Network of Protected Net worth. The difference

Areas for Agricultural and between total assets and
Agro-industrial total liabilities. [Sec. 4, PD
Development (NPAAAD). 379].
Agricultural areas identified
by the DA through the Neutrality. Intl. Law. The
Bureau of Soils and Water status of a State refraining
Management in coordination from participation in war.
with the National Mapping [Coquia and Santiago, Intl.
and Resource Information Law, 3rd Ed. (1998), p. 620].
Authority in order to ensure
the efficient utilization of New and material
land for agriculture and evidence. Requisites as a
agro-industrial development ground for new trial: (a) that
and promote sustainable the evidence was discovered
growth. The NPAAAD covers after the trial; (b) that such
all irrigated areas, all evidence could not have
irrigable lands already been discovered and
covered by irrigation produced at the trial even
projects with firm funding with the exercise of
commitments; all alluvial reasonable diligence; and (c)
plain land highly suitable for that such evidence is
758
material, not merely (NIH) that defines testing

cumulative, corroborative or and follow-up protocols,
impeaching, and is of such maintains an external
weight that, if admitted, it laboratory proficiency
will probably change the testing program, oversees
judgment [People v. de la the national testing
Cruz, 207 SCRA 632 (1992), database and case
citing SCRA Comments on registries, assists in training
the Rules of Court, Vol. 4, activities in all aspects of the
1980 Ed., 340-341]. program, oversees content
of educational materials and
Newborn. A child from the acts as the Secretariat of the
time of complete delivery to Advisory Committee on
30 days old. [Claridades, A., Newborn Screening. [Sec. 4,
Compilation of Notes, 2001- RA 9288].
2006].
New cause of action. One
Newborn screening. The materially different from, or
process of collecting a few in addition to, that first
drops of blood from the advanced or such as permits
newborn onto an appropriate a more onerous judgment
collection card and against defendant that could
performing biochemical before have been rendered
testing for determining if the against him. [Moreno’s Law
newborn has a heritable Dict., 2000 Ed., p. 310].
condition. [Sec. 4, RA 9288].
New drugs. 1. Any drug the
Newborn screening center. composition of which is such
A facility equipped with a that said drug is not
newborn screening generally recognized among
laboratory that complies experts qualified by
with the standards scientific training and
established by the National experience to evaluate the
Institute of Health (NIH) and safety, efficacy and quality
provides all required of drugs as safe, efficacious
laboratory tests and and of good quality for use
recall/follow-up programs for under the conditions
newborns with heritable prescribed, recommended,
conditions. [Sec. 4, RA or suggested in the labeling
9288]. thereof; or (b) any drug the
composition of which is such
Newborn screening that said drug, as a result of
reference center. The its previous investigations to
central facility at the determine its safety, efficacy
National Institute of Health and good quality for use
759
under certain conditions, has reasonable diligence; and,

become so recognized but (c) the evidence is material
which has not, otherwise and not merely
than in such investigations, corroborative, cumulative or
been used to a material impeaching and is of such
extent or for a material time weight that if admitted
under new conditions. [Art. would probably alter the
4, RA 7394]. result. [Tumang v. CA, GR
82072, 17 Apr. 1989, 172
New fees or charges. Those SCRA 328; Velasco v. Ortiz,
which are imposed by new GR 51973, 16 Apr. 1990, 184
schools or by existing SCRA 303].
schools which are not
included in their public New product. A consumer
bulletin or catalogue. [Sec. product which incorporates a
1, Rule II, PD 451]. design, material or form of
energy exchange which has
New industry participants. not previously been used
New participants in a substantially in consumer
particular sub-sector of the products and as to which
downstream oil industry with there exists a lack of
investments and initial adequate information to
business operations determine the quality and
commencing after Jan. 1, safety of such product if
1994. [Sec. 4, RA 8479]. used by the consumers. [Art.
4, RA 7394].
Newly-discovered
evidence. Evidence which News. All events and items of
could not have been information which are out of
discovered prior to the trial the ordinary humdrum
in the court below by the routine, and which have that
exercise of due diligence and indefinable quality of
which is of such character as information which arouses
would probably change the public attention. [Ayer Prods.
result. [Navarra v. CA, GR Pty. Ltd. v. Capulong, GR L-
86237. Dec. 17, 1991]. 82380. Apr. 29, 1988].
Newly-discovered Newspaper of general

evidence. Requisites: (a) circulation. A newspaper
The evidence had been published for the
discovered after trial; (b) the dissemination of local news
evidence could not have and general information;
been discovered and that it has a bona fide
produced during trial even subscription list of paying
with the exercise of subscribers; that it is
760
published at regular property. [Duhaime's Legal

intervals. [Basa v. Mercado, Dict., 2004].
GR 42226. July 26, 1935].
Nieto. Sp. Grandson. The son
New trial. The rehearing of a of the son. Used with respect
case already decided by the to the grandfather. The term
court but before the is also used by extension to
judgment thereon becomes include the word descendant
final and executory, whereby in a given line to the third,
errors of law or irregularities fourth and successive
are expunged from the generations. [Barretto v.
record, or new evidence is Tuason, GR 23923. Mar. 23,
introduced or both steps are 1926, citing Diccionario de la
taken. [Claridades, A., Legislacion Española, Vol. 8,
Compilation of Notes, 2001- p. 373].
2006].
Night shift differential.
New York Convention. The Payment of not less than ten
United Nations Convention percent of an employee’s
on the Recognition and regular wage for each hour
Enforcement of Foreign of work performed between
Arbitral Awards approved in ten o'clock in the evening
1958 and ratified by the and six o'clock in the
Philippine Senate under morning. [Art. 86, LC].
Senate Resolution No. 71.
[Sec. 3, RA 9285]. Nighttime (obscuridad).
That period of darkness
Next of kin. 1. Those persons beginning at the end of dusk
who are entitled under the and ending at dawn. [People
statute of distribution to the v. Codilla, GR 100720-23.
decedent's property. June 30, 1993, citing Reyes,
[Gabriel v. CA, GR 101512. Rev. Penal Code. 12th Ed.,
Aug. 7, 1992, citing Cooper 353, Vol. I (1981)].
v. Cooper, 43 Ind. A 620, 88
NE 341]. 2. A relative or a Nighttime and uninhabited
responsible friend with place. The aggravating
whom the minor or circumstances under Art. 14
incompetent lives. [IRR, Sec. (6) of the Rev. Penal Code
16(a) of PD 1508]. 3. The which may be considered,
nearest blood relative of a provided the following
deceased. The expression elements are taken into
has come to describe those account: (a) When it
persons most related to a facilitated the commission of
dead person and therefore the crime; or (b) When
set to inherit the deceased’s especially sought for by the
761
offender; or (c) When pursuant to the provisions of

offender took advantage Chap. VI of the Ins. Code (PD
thereof for the purpose of 612) without the necessity of
impunity. [US v. Billedo, 32 proving fault or negligence
Phil. 574; People v. of any kind. [Sec. 378, IC].
Matbagon, 60 Phil. 887].
No-fault indemnity clause.
NIH. National Institute of A clause found in an
Health. [Sec. 4, RA 9288]. insurance policy under which
any claim for death or injury
Nitrate test. See Paraffin of any passenger or third
test. party shall be paid without
the necessity of proving fault
No-contest clause. or negligence of any kind.
Language in a will that [Suggested Answer for the
provides that a person who 1994 Bar, UPLC, (2002), p.
makes a legal challenge to 107].
the will's validity will be
disinherited. [Glossary of Nolle prosequi. Lat. Will no
Legal Terms (Pro-Se), 2004]. further prosecute. The
withdrawal or dismissal of an
Nocturnity. An aggravating information addressed solely
circumstance under Art. 14 to the sound and judicious
(6) of the Rev. Penal Code discretion of the court which
when it is purposely and has the option to grant or
deliberately sought by the deny it. [Galvez v. CA, GR
accused to facilitate the 114046. Oct. 24, 1994].
commission of the crime
[People v. Alcala, 46 Phil. Nolo contendere. Lat. I will
739], or to prevent their not defend it. 1. Used
being recognized or to insure primarily in criminal
unmolested escape. [US v. proceedings whereby the
Billedo, 32 Phil. 575]. defendant declines to refute
Nocturnidad must concur the evidence of the
with the intent and design of prosecution. In some
the offender to capitalize on jurisdictions, this response
the intrinsic impunity by the defendant has same
afforded by the darkness of effect as a plea of guilty.
night. [People v. Leyles, L- [Duhaime's Legal Dict.,
15300, May 29, 1964]. 2004]. 2. A Latin phrase
meaning "I will not contest
No-fault indemnity. The it." A plea in a criminal case
payment of any claim for which does not require the
death or injury to any defendant to admit guilt, but
passenger or third party the defendant does not
762
contest the facts on which definition and coverage of

the charge is based. Some teaching and academic staff,
judges refuse to accept such school administrators and
pleas in criminal cases. academic non-teaching
[Jurist’s Legal Dict., 2004]. personnel. [Sec. 6, BP 232].
Nominal damages. 1. These Non allegata non probata.

damages are adjudicated in Lat. That which is not
order that a right of the alleged cannot be proved.
plaintiff, which has been This is an exclusionary rule
violated or invaded by the in the Law of evidence that a
defendant, may be party who fails to allege a
vindicated or recognized, fact in his pleadings may not
and not for the purpose of also be allowed to prove it, if
indemnifying the plaintiff for the party objecting thereto
any loss suffered by him. be not thereby given a
[Art. 2221, CC]. 2. Small and chance to prove the contrary
trivial sums awarded for a of what was not alleged but
technical injury due to a proved by the other. [Rule
violation of some legal right on Pleadings and the Law of
and as a consequence of Evidence].
which some damages must
be awarded to determine the Non-apparent easements.
right. [Torres, Oblig. & Cont., Those easements which
2000 Ed., p. 332, citing 17 show no external indication
CJ, p. 714]. of their existence. [Art. 615,
CC].
Nominal partner. A person
who is actually not a partner Non-bank financial
but is held out or intermediary. A financial
represented as a partner. intermediary, as defined in
[Diaz, Bus. Law Rev., 1991 Sec. 2(D)(c) of RA 337, as
Ed., p. 189]. amended, otherwise known
as the General Banking Act,
Nominate contracts. They authorized by the Bangko
are contracts with specific Sentral ng Pilipinas (BSP) to
names or designation in law. perform quasi-banking
E.g., sale. [Diaz, Bus. Law activities. [Sec. 22, NIRC, as
Rev., 1991 Ed., p. 61]. amended].
Compare with Innominate
contracts. Non-belligerency. Intl. Law.
Sometimes used instead of
Non-academic personnel. the term “neutrality” to
All other school personnel describe the status of a
not falling under the State which did not take part
763
in military operations, but know the nature of his act.

which did not observe the [Torres, Oblig. & Cont., 2000
duties of a neutral. It is a Ed., p. 352]. 2. Not of sound
status mid-way between a mind; insane. [Jurist’s Legal
neutral and a belligerent, Dict., 2004].
which is not recognized in
international law. [Coquia Non-consumables. Those
and Santiago, Intl. Law, 3rd things whose use according
Ed. (1998), p. 621. to their nature does not
destroy the substance of the
Non bis in idem. Lat. Not thing nor cause their loss to
twice for the same. The rule the owner. Money in coin is a
on double jeopardy found in non-consumable thing.
Sec. 22, Art. IV, Bill of Rights [Tolentino, Civil Code of the
(of the 1987 Const.) Phil., Vol. II, Repr. 2001, p.
[Esmeña v. Pogoy, GR L- 27].
54110, Feb. 20, 1981].
Non-conventional energy
Non-competitive bidding. A resources. Those energy
bidding where there is only resources in which the
one participating bidder and, conversion or utilization
hence, falls short of the technology for large-scale
requirement. There would, in (megawatt level)
fact, be no bidding at all applications are not as well-
since, obviously, the lone developed and/or widely use
participant cannot compete as those for fossil fuels,
against himself. [Danville hydrogeothermal and
Maritime, Inc. v. COA, GR conventional nuclear. In
85285. July 28, 1989, citing general, these resources
Fernandez, Treatise on Govt. would include the direct and
Contracts under Phil. Law, p. indirect forms of solar, tidal
63]. nuclear converter and
breeder reactors and fusion.
Non-complying bid. A bid [Sec. 2, PD 1068].
which does not comply with
the advertised descriptions Non-Convention award. A
and specifications. [IRR on foreign arbitral award made
Supply & Prop. Mgt., per Sec. in a State which is not a
383, LGC]. Convention State. [Sec. 3,
RA 9285].
Non compos mentis. Lat.
Not of sound mind. 1. It Non-Convention state. A
indicates that a person does state that is not a member of
not have the ability, due to the New York Convention.
his mental condition, to [Sec. 3, RA 9285].
764
Australische Dampschiffs,
Non-cumulative preferred GR 13954. Jan. 17, 1919].
shares. Corp. Law. Those
which entitle the holders Non-establishment clause.
merely to the payment of Const. Law. A provision in
current dividends but not the 1897 Phil. Constitution
back dividends, before that “no law shall be made
holders of common shares respecting an establishment
are paid. [Diaz, Bus. Law of religion, or prohibiting the
Rev., 1991 Ed., p. 249]. free exercise thereof.” [Sec.
Compare with Cumulative 5, Art. III, 1987 Const.].
preferred shares.
Non est factum. Lat. Not his
Non debeo meliores esse deed. A special defense in
conditions quam auctor contract law to allow a
neus, a quo jus ad ge person to avoid having to
transit. Lat. The successor respect a contract that he
cannot be in a better signed because of certain
condition than his reasons such as a mistake as
predecessor. [Quijano v. to the kind of contract. For
Cabale, 49 Phil. 367, citing example, a person who signs
Escriche's Dict., title away the deed to a house,
Successor]. thinking that the document
signed was only a guarantee
Non-degree programs. All for another person's debt,
post secondary vocational or might be able to plead non
technical courses, not est factum in a court and on
otherwise covered by degree that basis get the court to
requirements. [Sec. 1, PD void the contract.
932]. Compare with Degree [Duhaime's Legal Dict.,
programs. 2004].
Non erit alia lex Romae, Non-exclusive exploration

alia Athenis; alia nunc, permit. A permit which
alia posthac; sed et apud grants to the permittee the
omnes gentes et omne non-exclusive right to
tempore una eademque conduct geological or
lex obtinebit. Lat. There geophysical exploration on
shall not be one law at specified areas. [Art. 10, RA
Rome, another at Athens; 387].
one now, another hereafter;
but among all nations one Non-expendable supplies
and the same law shall or property or non-
prevail. [Compagnie Franco- consumable supplies or
Indochinoise v. Deutsch- property. Articles which are
765
not consumed in used and [Sec. 4, RA 8550]. 2. A duly

which ordinarily retain their registered nonstock,
original identity during the nonprofit organization
period of use, such as focusing on the upliftment of
weapons, vehicles, the basic or disadvantaged
machines, tools, and sectors of society by
instruments. [IRR on Supply providing advocacy, training,
& Prop. Mgt., per Sec. 383, community organizing,
LGC]. research, access to
resources, and other similar
Nonfeasance. Not doing activities. [Sec. 3, RA 8425].
something that a person 3. A nonstock, nonprofit
should be doing. [Duhaime's organization involved in
Legal Dict., 2004]. Compare activities dealing with
with Malfeasance and resource and environmental
Misfeasance. See also conservation, management
Neglect of duty. and protection. [Sec. 3, RA
7942].
Non-formal education. Any
organized, systematic Nongovernment
educational activity carried organization. A nonprofit
outside the framework of the domestic corporation: (a)
formal system to provide organized and operated
selected types of learning to exclusively for scientific,
a segment of the population. research, educational,
[Sec. 4, RA 9155]. character-building and youth
and sports development,
Non-fungibles. Those which health, social welfare,
have their own individuality cultural or charitable
and do not admit of purposes, or a combination
substitution. [Tolentino, Civil thereof, no part of the net
Code of the Phil., Vol. II, income of which inures to
Repr. 2001, p. 28]. the benefit of any private
individual; (b) which, not
Non-governmental later than the 15th day of the
organization (NGO). 1. An third month after the close
agency, institution, a of the accredited
foundation or a group of nongovernment
persons whose purpose is to organizations taxable year in
assist peoples which contributions are
organizations/associations in received, makes utilization
various ways including, but directly for the active
not limited to, organizing, conduct of the activities
education, training, research constituting the purpose or
and/or resource accessing. function for which it is
766
organized and operated, Ubay, GR L-35830, 24 July

unless an extended period is 1990, 187 SCRA 719].
granted by the Secretary of
Finance in accordance with Non-hearsay. Evid. A
the rules and regulations to statement introduced not for
be promulgated, upon the purpose of proving the
recommendation of the truth of the facts asserted
Commissioner of Internal therein but only the making
Revenue; (c) the level of of the statement and is
administrative expense of admissible in evidence when
which shall, on an annual the making of the statement
basis, conform with the rules is relevant. [Claridades, A.,
and regulations to be Compilation of Notes, 2001-
prescribed by the Secretary 2006]. Compare with
of Finance, upon Hearsay.
recommendation of the
Commissioner of Internal Non-irrigated lands.
Revenue, but in no case to Agricultural lands which lack
exceed thirty percent (30%) irrigation systems and are
of the total expenses; and usually rain-fed. [Sec. 4, RA
(d) the assets of which, in 7607].
the event of dissolution,
would be distributed to Non-joinder. When a person
another nonprofit domestic who should have been made
corporation organized for a party to a legal
similar purpose or purposes, proceedings has been
or to the state for public forgotten or omitted. This is
purpose, or would be usually addressed by asking
distributed by a court to the court to amend
another organization to be documents and include the
used in such manner as in forgotten party to the
the judgment of said court proceedings. [Duhaime's
shall best accomplish the Legal Dict., 2004]. Compare
general purpose for which with Misjoinder.
the dissolved organization
was organized. [Sec. 34, Non liquet. Lat. It is not
NIRC, as amended]. clear. [Locsin v. Valenzuela,
GR 51333. Feb. 19, 1991].
Non-interference doctrine.
The judgment of a court of Non-metallic deposits. All
competent jurisdiction may other deposits not covered
not be opened, modified or by the definition of Metallic
vacated by any court or deposits. [Sec. 18, PD 464].
tribunal of concurrent
jurisdiction. [Mercado v.
767
Non-metallic mineral. defenses are subject to the

Mineral usually having a dull limitations imposed by the
luster, generally light- principles governing
colored, transmits light, estoppel. [De los Santos v.
usually gives either colorless McGrath, 96 Phil. 577].
or light colored streak and
where a non- Non-negotiable receipt. A
metallic/component can be receipt in which it is stated
extracted/utilized for a that the goods received will
profit. [Sec. 4, DENR Admin. be delivered to the depositor
Order 95-23]. or to any other specified
person. [Sec. 4, Act 2137].
Non mi ricordo answer. “I See Negotiable receipt.
cannot recall” answer to the
question asked by the Non-participating
investigator. [People v. Cruz, preferred shares. Corp.
GR 69251. Sep. 13, 1989]. Law. Those that entitle the
holders only to the
Non-negotiable credits. stipulated preferred dividend
Commercial credits which and no more. [Diaz, Bus. Law
are neither negotiable nor Rev., 1991 Ed., p. 249].
payable to bearer, are Compare with Participating
transferred by assignment preferred shares.
without need of consent of,
but with notice to, the Non-party participant. A
debtor, and for which the person, other than a party or
assignor thereof is liable for mediator, who participates in
the legality of the credit and a mediation proceeding as a
for his capacity as witness, resource person or
transferor, but not for the expert. [Sec. 3, RA 9285].
solvency of the debtor,
unless there is agreement to Non-personal services. The
the contrary. [Art. 347-348, term includes, but is not
Code of Commerce]. limited to, repairing,
cleaning, redecorating, or
Non-negotiable rental of personal property
instrument. An instrument and furnishing of necessary
deemed as non-negotiable repair parts or other supplies
because the holder thereof as part of the services
takes it without prejudice to performed. [IRR on Supply &
such rights or defenses as Prop. Mgt., per Sec. 383,
the registered owners or LGC].
transferor's creditor may
have under the law, except Non-point source. Any
insofar as such rights or source of pollution not
768
identifiable as point source Revenue the fact of his

to include, but not be limited physical presence abroad
to, runoff from irrigation or with a definite intention to
rainwater, which picks up reside thereto; (b) a citizen
pollutants from farms and leaving the Philippines
urban areas. [Claridades, A., during the taxable year to
Compilation of Notes, 2001- reside abroad, either as an
2006]. immigrant or for
employment on a more or
Non-project employees. less permanent basis and
Those employed by a contract workers whose
construction company contract of employment are
without reference to a renewed from time to time
particular project. within or during the taxable
[Fernandez v. NLRC, GR year under such
106090. Feb. 28, 1994]. circumstances as to require
them to be physically
Non quieta movere. Lat. Do present abroad most of the
not disturb what has been time during the taxable year,
settled. 1. The rule that shall be considered as a
administrative decisions nonresident for such taxable
must end sometime, as fully year with respect to the
as public policy demands income he derived from
that finality be written on foreign sources from the
judicial controversies. date he actually departed
[Manila Electric Co. v. Public from the Philippines; (c) a
Service Commission, 61 citizen who has been
Phil., 456]. 1. The rule of non previously considered as
quieta movere prescribes non-resident citizen and who
that what was terminated arrives in the Philippines at
should not be disturbed any time during the taxable
[Espiritu v. San Miguel year to reside permanently
Brewery, 63 Phil., 615]. in the Philippines shall
likewise be treated as a non-
Non-resident alien. An resident citizen for the
individual whose residence is taxable year in which he
not within the Philippines arrives in the Philippines
and who is not a citizen with respect to his income
thereof. [Sec. 22, NIRC, as derived from sources abroad
amended]. until the date of his arrival in
the Philippines; or (d) the
Non-resident citizen. (a) taxpayer shall submit proof
One who establishes to the to the Commissioner of
satisfaction of the Internal Revenue to show his
Commissioner of Internal intention of leaving the
769
Philippines to reside corporation may obtain as

permanently abroad or to an incident to its operations
return to and reside in the shall, whenever necessary or
Philippines as the case may proper, be used for the
be for purposes hereof. [Sec. furtherance of the purpose
22, NIRC, as amended]. or purposes for which the
corporation was organized,
Non-resident foreign subject to the provisions of
corporation. A foreign this Title. [Sec. 87, Corp.
corporation not engaged in Code].
trade or business within the
Philippines. [Sec. 22, NIRC, Non-stock savings and loan
as amended]. association. A non-stock,
non-profit corporation
Non-self-executing treaty. engaged in the business of
Intl. Law. A treaty that accumulating the savings of
requires states parties to its members and using such
enact enabling legislation accumulations for loans to
before it becomes effective members to service the
domestically. [Intl. Law Dict. needs of households by
& Direct., 2004]. providing long term
financing for home building
Non-self-governing and development and for
territory. Intl. Law. A personal finance. [Sec. 3, RA
territory under the control of 8367].
a colonial power. [Intl. Law
Dict. & Direct., 2004]. Non-suability of the State.
1. The principle that a
Non servanti fidem, non sovereign is exempt from
est fides servanda. Lat. A suit, not because of any
party (cannot) be held bound formal conception or
to fulfill his promises when obsolete theory, but on the
the other violates his. [Univ. legal and practical ground
Food Corp. v. CA, GR L- that there can be no legal
29155. May 13, 1970]. right as against the authority
that makes the law on which
Non-stock corporation. One the right depends. [The
where no part of its income Amer. Ins. Co. v. Macondray
is distributable as dividends & Co., Inc., GR L-24031. Aug.
to its members, trustees, or 19, 1967, citing
officers, subject to the Kawananakao v. Polybank,
provisions of the Corporation 206 US 349]. 2. A doctrine
Code on dissolution: laid down under Sec. 2, Art.
Provided, That any profit XVI of the 1987 Phil.
which a non-stock Constitution which holds that
770
the State may not be sued societies, clubs, groups, etc.

without its consent. such as films for children,
[Claridades, A., Compilation educational, documentary,
of Notes, 2001-2006]. cultural, scientific, newsreel,
industrial, sales, public
Non sui juris. Lat. It means relations, and instructional
that a person, not of legal films. [Sec. 10, PD 1986].
age, does not have legal See Theatrical
capacity. [Torres, Oblig. & distribution.
Cont., 2000 Ed., p. 352].
Non-traditional crops.
Nonsuit. Rem. Law. 1. The Crops other than rice, corn,
termination of an action coconut and sugar. [Sec. 4,
which do not adjudicate RA 7900].
issues on the merits. [Lim
Tanhu v. Ramolete, GR L- Nonuser. 1. A neglect to use
40098, 29 Aug. 1975, 66 a privilege or a right.
SCRA 425]. 2. A judgment [Sandiganbayan v. CA, GR
given against plaintiff when 118883. Jan. 16, 1998, citing
he is unable to prove a case, Cyclopedic Law Dict., 3rd
or when he refuses or Ed.]. 2. A neglect to exercise
neglects to proceed to trial an easement or an office.
and leaves the issue [Sandiganbayan v. CA, GR
undetermined. [Metals 118883. Jan. 16, 1998, citing
Engineering Resources Corp. Black's Law Dict., 6th Ed.].
v. CA, GR 95631, 28 Oct.
1991, 203 SCRA 273]. Non-voting share. Corp.
Law. A share without right to
Non-suited party. Rem. Law. vote. [De Leon, Corp. Code
A party who fails to appear of the Phil. Annotated, 1989
at a pre-trial conference Ed., p. 61]. Compare with
(and who) may be Voting share.
considered as in default.
[Insular Veneer v. Plan, GR L- Noontime. In the local
40155, Sep. 10, 1976, 73 interpretation, it is anytime
SCRA 1]. from 9:00 am to 1:00 pm.
[People v. Ausan, GR L-
Non-theatrical distribution. 49728. July 15, 1987].
(a) Public showing of long
and short motion pictures No par value shares. Corp.
through the use of mobile Law. 1. Shares without any
projection equipment not stated value appearing on
imposing admission fee; (b) the face of the certificate of
showing long or short motion stock. It is a stock which
pictures to organizations, does not state how much
771
money it represents. [De Normal hours of work. The

Leon, Corp. Code of the Phil. normal hours of work of any
Annotated, 1989 Ed., p. 60]. employee shall not exceed
2. Shares which are without eight in a day. [Art. 83, LC].
par value which may be sold
at whatever price the Noscitur a sociis. Lat.
company's board of directors Associated words. 1. A rule
decides. [Duhaime's Legal of statutory construction
Dict., 2004]. Compare with under which a word or
Par value shares. phrase should be interpreted
in relation to, or given the
No religious test clause same meaning as, the words
clause. Const. Law. A to which it is associated.
provision in the 1897 Phil. [Magtajas v. Pryce
Constitution that “no Properties, GR 111097. July
religious test shall be 20, 1994]. 2. The rule of law
required for the exercise of that holds that the meaning
civil or political rights.” [Sec. of a contract is derived from
5, Art. III, 1987 Const.]. reading it as a whole. Where
parts of a contract contradict
Normal baseline. The low- each other, a court must
water line along the coast as restrict the meaning of, or
marked on large-scale charts reject, the word or clause
officially recognized by the that does not adhere to the
coastal state. [Intl. Law Dict. general meaning of the
& Direct., 2004]. Compare contract, namely the parties'
with Straight baseline. intent. [Tetley, Glossary of
Conflict of Laws, 2004]. Also
Normal baseline method. known as the Doctrine of
Intl. Law. A method associated words.
employed in defining the
territorial sea under which Notarial document. A
the territorial sea is drawn document duly
from the low-water mark of acknowledged before a
the coast (to the breadth notary public. It is a public
claimed) following its document. A recital in the
sinuosities and curvatures certificate of
but excluding the internal acknowledgment is prima
waters in bays and gulfs. facie evidence of the fact
[Cruz, Intl. Law Reviewer, that he was such an officer.
1996 Ed., p. 63]. Compare [Herrera, Remedial Law, Vol.
with Straight baseline VI, 1999 Ed., p. 301].
method.
Notarial register. The
register kept by every notary
772
public wherein record shall by a notary public and

be made of all his official appended to a private
acts as notary and a certified document which converts
copy of such record, or any such document into a public
part thereof shall be one and renders it
supplied by him to any admissible in court without
person applying for it and further proof of its
paying the legal fees authenticity and upon which
therefor. [Sec. 245, Art. V, courts, administrative
Rev. Admin. Code]. agencies and the public at
large must be able to rely.
Notarial seal. The seal of [Claridades, A., Compilation
office procured by every of Notes, 2001-2006].
person appointed to the
position of notary public Notary or notary public. 1.
which shall be affixed to A public officer who attests
papers officially signed by or certifies deeds and other
him. It shall be of metal and writings to make them
shall have the name of the authentic and takes
province and the word affidavits, depositions, and
Philippines and the notary’s protests of negotiable paper.
name engraved on the [Title IV, Chapter II, Rev.
margin thereof, and the Admin Code]. 2. A legal
words Notary Public across officer with specific judicial
the center. [Sec. 244, Art. IV, authority to attest to legal
Rev. Admin. Code]. documents usually with an
official seal. [Duhaime's
Notarial will. A will duly Legal Dict., 2004].
acknowledged by the
testator and the witnesses Notary public, misconduct
before a notary public, a of. See Misconduct of
public document executed notary public.
and attested through the
intervention of the notary Note verbale. Intl. Law. An
public and, as such public unsigned document which
document, evidence of the contains a resume of
facts in clear, unequivocal diplomatic conversations.
manner therein expressed. [Coquia and Santiago, Intl.
[Gabriel-Gonzalez v. CA, GR Law, 3rd Ed. (1998), p. 494].
L-37453. May 25, 1979].
Compare with Holographic Not guilty plea. Complete
will. denial of guilt. In criminal
cases, a necessary stage of
Notarization. the proceedings required to
Acknowledgement executed
773
preserve all legal issues. 1993, citing Martin v.

[Jurist’s Legal Dict., 2004]. Browns, 75 Ala 442]. 2.
Notice given by a holder or
Not guilty by reason of his agent to a party or
insanity. The (court) must parties secondarily liable
determine that the that the instrument was
defendant, because of dishonored by non-
mental disease or defect, acceptance by the drawee of
could not form the intent a bill, or by non-payment by
required to commit the the acceptor of a bill, or by
offense. [Jurist’s Legal Dict., non-payment by the maker
2004]. of a note. [Claridades, A.,
Notice. Formal notification to 2006].
the party that has been sued
in a civil case of the fact that Notice of lis pendens. See
the lawsuit has been filed. Lis pendens notice.
Also, any form of notification
of a legal proceeding. Notice to creditors. A notice
[Glossary of Legal Terms given by the bankruptcy
(Pro-Se), 2004]. court to all creditors of a
meeting of creditors.
Notice of appeal. An [Glossary of Legal Terms
information, advice or (Pro-Se), 2004].
announcement where the
appellant merely signifies Notifying bank. A
that he is appealing to a correspondent bank which
particular court a decision or assumes no liability except
resolution rendered by the to notify and/or transmit to
trial court. [Moreno’s Law the beneficiary the existence
Dict., 2000 Ed., p. 314]. of the letter of credit. [Feati
Bank & Trust Co. v. CA, GR
Notice of dishonor. 1. 94209. Apr. 30, 1991].
Bringing to the knowledge of
the drawer or indorser of the Notoriety. The principal
instrument, either verbally guide in determining what
or by writing, the fact that a facts may be assumed to be
specified instrument, upon judicially known. [State
proper proceedings taken, Prosecutors v. Muro, AM RTJ-
has not been accepted or 92-876. Sep. 19, 1994, citing
has not been paid, and that King v. Gallun, 109 US 99, 27
the party notified is L. ed. 870].
expected to pay it. [State
Investment House, Inc. v. Notoriously undesirable,
CA, GR 101163. Jan. 11, test of being. Whether it is
774
common knowledge or [LawInfo Legal Dictionary

generally known as (2005)].
universally believed to be
true or manifest to the world Novation. 1. The
that a person committed the extinguishment of an
acts imputed against him, obligation by the substitution
and whether he had of that obligation with a
contracted the habit for any subsequent one, which
of the enumerated terminates it, either by
misdemeanors. [San Luis v. changing its object or
CA, GR 80160. June 26, principal conditions or by
1989]. substituting a new debtor in
place of the old one, or by
Notorious negligence. 1. It subrogating a third person to
is something more than the rights of the creditor.
mere or contributory [Broadway Centrum v.
negligence; it signifies a Tropical Hut, GR 79642. July
deliberate act of the 5, 1993]. 2. Any change,
employee to disregard his substitution, or renewal of
own personal safety. [Paez v. an obligation with the
WCC, L-18438, Mar. 30, intention of essentially
1963, 7 SCRA 588, 594]. 2. modifying the same. It does
The term is equivalent to not operate as an absolute
"gross negligence" and but only as a relative
consists in the failure to extinction, because it
exercise even slight care. creates a new one in place
[Caunan v. Compania of the old which is only
General de Tabacos, 56 Phil. modified. [Diaz, Bus. Law
542 (1932)]. Rev., 1991 Ed., p. 56].
Compare with Subrogation.
Notorious possession.
Possession when it is so Novation. Forms: (a)
conspicuous that it is Expromision; and (b)
generally known and talked delegacion. [De Cortes v.
of by the public or the Venturanza, GR L-26058.
people in the neighborhood. Oct. 28, 1977].
[Dir. of Lands v. IAC, GR
68946. May 22, 1992, citing Novation. Kinds: (a) Real
Black's Law Dict., 5th Ed., novation when the object or
859]. principal conditions are
changed; (b) personal
Notwithstanding. In spite of, novation when the person of
even if, without regard to or the debtor is substituted
impediment by other things. and/or when a third person is
subrogated in the rights of
775
the creditor; and (c) mixed term which stands for those
novation when the object agreements which are
and the debtor or creditor, or without consideration, such
both the parties, are as a unilateral undertaking,
changed; it is a combination which may bind a person
of real and personal morally, but not under
novations. [Diaz, Bus. Law contract law, in those
Rev., 1991 Ed., p. 56]. jurisdictions which still
require consideration.
Novation. Requisites: (a) [Duhaime's Legal Dict.,
There must be a previous 2004].
valid obligation; (b) there
must be an agreement of the Nuisance. 1. Any act,
parties concerned to a new omission, establishment,
contract; (c) there must be business, condition of
the extinguishment of the property, or anything else
old contract; and (d) there which: (a) injures or
must be the validity of the endangers the health or
new contract. [Tiu Siuco v. safety of others; or (b)
Habana, GR 21106; 45 Phil. annoys or offends the
707]. senses; or (c) shocks, defies
or disregards decency or
Novatio non praesumitur. morality; or (d) obstructs or
Lat. in the Roman Law interferes with the free
jurisprudence, the principle passage of any public
that “novation is never highway or street, or any
presumed.” [Reyes v. CA, GR body of water; or (e) hinders
120817. Nov. 4, 1996]. or impairs the use of
property. [Art. 694, CC]. 2.
Nuclear materials. Uranium, Anything that works an
plutonium, curium and other injury, harm, or prejudice to
fissionable materials. [Sec. an individual or the public,
2, RA 4095]. and will embrace everything
that endangers life or health,
Nuda proprietas. Lat. Naked offends the human senses,
ownership. [Claridades, A., transgresses laws of
Compilation of Notes, 2001- decency, or obstructs,
2006]. Compare with impairs, or destroys the
Domino absoluto. reasonable, peaceful, and
comfortable use of property.
Nudum pactum. Lat. 1. A [Tan Chat v. Mun. of Iloilo,
contract without cause or GR 39810. Aug. 31, 1934,
consideration. [Ocampo v. citing Words & Phrases, Vol.
CA, GR 97442. June 30, 5, 3rd series, p. 499]. 3.
1994]. 2. A contract-law Excessive or unlawful use of
776
one's property to the extent

of unreasonable annoyance Null and void ab initio. No
or inconvenience to a legal effect whatsoever and
neighbor or to the public. at any time. [Treasurer of
[Duhaime's Legal Dict., the Phils. V. CA, GR L-42805.
2004]. Aug. 31, 1987].
Nuisance per accidens. Also Nullum tempus occurrit

Nuisance in fact. 1. It is regi or nullum tempus
considered a nuisance by occurrit reipublicae. Lat.
reason of circumstances, Lapse of time does not bar
location and surroundings. 2. the right of the crown or
One that becomes a lapse of time does not bar
nuisance by reason of the commonwealth. The rule
circumstances or is now embodied in Art.
surroundings. [Tolentino, 1108(4) of the Civil Code. It
Civil Code of the Phil., Vol. II, is a maxim of great antiquity
Repr. 2001, p. 435, citing in English law. The best
Iloilo Ice Cold Storage v. reason for its existence is
Iloilo, 24 Phil. 461]. the great public policy of
preserving public rights and
Nuisance per se. Also property from damage and
Nuisance at law. 1. A loss through the negligence
nuisance which affects the of public officers. [Mindanao
immediate safety of persons Devt. Authority v. CA, GR L-
and property and may be 49087. Apr. 5, 1982, citing
summarily abated under the 34 Am Jur 301; Ballentine's
undefined law of necessity. Law Dict., p. 891; US v.
[Monteverde v. Generoso, 52 Nashville, Chattanooga & St.
Phil. 123 (1928)]. 2. An act, Louis Railway Co., 118 U.S.
occupation, or structure 120, 125].
which is a nuisance at all
times and under any Nunc pro tunc. Lat. Now for
circumstances, regardless of then. The doing of
locations or surroundings. It something late (after it
is a nuisance in and of itself should have been done in
without regard to the first place), with effect as
circumstances. [Tolentino, if it had been done on time.
Civil Code of the Phil., Vol. II, [Duhaime's Legal Dict.,
Repr. 2001, p. 435, citing 2004].
Wheeler v. River Falls Power
Co., 215 Ala. 655, 111 So. Nunc pro tunc judgment. A
907; Hundley v. Harrison, judgment which concerns
123 Ala. 292, 296, 26 So. itself not with the rendering
294]. of a new judgment and the
777
ascertainment and supplements or in the body

determination of new rights, through biosynthesis. [Sec.
but with the placing in 3, RA 8976].
proper form on the record,
the judgment that has been Nutrition facts. A statement
previously rendered, to or information on food labels
make it speak the truth, so indicating the nutrient(s) and
as to make it show what the the quantity of said nutrient
judicial action really was. found or added in the
[Lichauco v. Tan Pho, 51 processed foods or food
Phil. 862, 880 (1923)]. products. [Sec. 3, RA 8976].
Nuncupative will. 1. An oral Nutrition labeling. A system

(unwritten) will. [Jurist’s of describing processed
Legal Dict., 2004; Matias v. foods or food products on
Alvarez, 10 Phil. 398]. 2. An the basis of their selected
oral will declared or dictated nutrient content. It aims to
by the testator in his last provide accurate nutrition
sickness before a sufficient information about each food.
number of witnesses, and This is printed in food labels
afterwards reduced to as Nutrition Facts. [Sec. 3,
writing. [Black’s Law Dict., RA 8976].
Abr. 5th Ed. (1983), p. 554].
Nymphomania. Legal Med.
Nursery. A child-caring The excessive sexual desire
institution that provides care in women. [Olarte, Legal
for six or more children Med., 1st Ed. (2004), p. 115].
below six years of age for all Compare with Satyriasis.
or part of a twenty-four hour
day, except those duly
licensed to offer primarily
medical and educational
services. [Art. 117, PD 603].
Nutrient. Any chemical

substance needed by the
body for one or more of
these functions; to provide
heat or energy, to build and
repair tissues, and to
regulate life processes.
Although nutrients are found
chiefly in foods, some can be
synthesized in the laboratory
like vitamin and mineral
778
issue before the court; a side

opinion which does not form
part of the judgment for the
purposes of stare decisis.
2004]. 2. A remark or
opinion uttered, by the way.
It is a statement of the court
concerning a question which
was not directly before it.
[Mison v. CSC, GR 86241.
Aug. 8, 1989, citing In re
Hess, 23 A. 2d. 298, 301, 20
NJ Misc. 12].
Object evidence. Those

-O- objects as evidence
addressed to the senses of
Oath. 1. A religious or solemn the court which, when
affirmation to tell the truth relevant to the fact in issue,
or to take a certain action. may be exhibited to,
[Duhaime's Legal Dict., examined or viewed by the
2004]. 2. A solemn pledge court. [Sec. 1, Rule 130,
made under a sense of RoC]. Also Real evidence.
responsibility in attestation
of the truth of a statement Objection. 1. The formal
or in verification of a protest made by a party to a
statement made. [Glossary suit at a trial to record his
of Legal Terms (Pro-Se), disapproval of a question
2004]. asked by the opposing
counsel. [Torres, Oblig. &
Obfuscation. Any impulse or Cont., 2000 Ed., p. 353]. 2.
unreasoning temper, a Such objections to evidence
condition of mind brought as are made as soon as the
about by something unlawful grounds therefor become
and sufficient to produce the reasonably apparent. The
same. [Moreno’s Law Dict., grounds for the objection
2000 Ed., p. 317]. must be specified. [Sec. 36,
Rule 132, RoC]. 3. The
Obiter dictum. Lat. A remark process by which one party
or opinion, by the way. 1. An takes exception to some
observation by a court on a statement or procedure. An
matter not specifically objection is either sustained
before the it or not (allowed) or overruled by the
necessary in determining the
779
judge. [Glossary of Legal Obligation. Civ. Law.

Terms (Pro-Se), 2004]. Elements: (a) The vinculum
juris or juridical tie which is
Objective novation. Also the efficient cause
Real novation. Novation established by the various
through a change of the sources of obligations (law,
object or principal conditions contracts, quasi-contracts,
of an existing obligation. delicts and quasi-delicts); (b)
[Cochingyan, Jr. v. R & B the object which is the
Surety and Insurance Co., prestation or conduct;
GR L-47369. June 30, 1987]. required to be observed (to
Compare with Subjective give, to do or not to do); and
novation. (c) the subject-persons who,
viewed from the
Objective phase of felony. demandability of the
The result of the acts of the obligation, are the active
execution, that is, the (obligee) and the passive
accomplishment of the (obligor) subjects. [Asuncion
crime. [Gregorio, Fund. of v. CA, GR 109125. Dec. 2,
Crim. Law Rev., 1997 9th Ed., 1994].
p. 34]. See Subjective
phase of felony. Obligation or security of
the Philippines. All bonds,
Obligation. 1. Admin. Law. certificates of indebtedness,
An amount committed to be national bank notes,
paid by the Government for fractional notes, certificates
any lawful act made by an of deposit, bills, checks, or
authorized officer for and in drafts for money, drawn by
behalf of the Government. or upon authorized officers
[Sec. 2, Chap. 1, Book VI, EO of the Philippines, and other
292]. 2. Civ. Law. A juridical representatives of value, of
necessity to give, to do or whatever denomination,
not to do. [Art. 1156, CC]. which have been or may be
issued under any act of the
Obligation. Civ. Law. Congress of the Philippines.
Classification: (a) Pure and [Art. 166, RPC].
conditional obligations; (b);
obligations with a period; (c) Obligations. All financial
alternative and facultative liabilities of the Corporation
obligations; (d) joint and which are evidenced by
solidary obligations; and (e) promissory notes, bonds,
obligations with a penal debentures, mortgages or
clause. [Diaz, Bus. Law Rev., any other form of
1991 Ed., p. 11]. indebtedness. [Sec. 2, RA
7354].
780
someone else's obligation;

Obligations with a period. that someone else being the
Obligations for whose obligor. [Duhaime's Legal
fulfillment a day certain has Dict., 2004]. Also called a
been fixed and shall be Creditor.
demandable only when that
day comes. [Art. 1193, CC]. Obligor. A person who is
contractually or legally,
Obligation with a penal committed or obliged, to
clause. An obligation to providing something to
which is attached an another person; the recipient
accessory undertaking to of the benefit being called
pay a previously stipulated the obligee. [Duhaime's
penalty in case of breach. Legal Dict., 2004]. Also
[Diaz, Bus. Law Rev., 1991 known as the Debtor.
Ed., p. 31].
Obscene. That form of
Obligatory force or immorality which has
obligatoriness of relation to sexual impurity.
contracts. 1. The Offensive to chastity and
characteristic of contracts decency; expressing or
whereby obligations arising presenting to the mind or
therefrom have the force of view something which
law between the contracting delicacy, purity, and decency
parties and should be forbid to be exposed.
complied with in good faith. [People v. Kottinger, GR
[Art. 1159, CC]. 2. The rule 20569. Oct. 29, 1923, citing
that contracts shall be Swearingen v. US (1896),
obligatory in whatever form 161 US, 448].
they may have been entered
into, provided all the Obscene material. Material
essential requisites for their which deals with sex in a
validity are present. manner appealing to
Contracts, once perfected, prurient interest. The
have the force of law portrayal of sex, e.g., in art,
between the parties who are literature and scientific
bound to comply therewith works, is not itself sufficient
in good faith, and neither reason to deny material the
one may, without the constitutional protection of
consent of the other, renege freedom of speech and
therefrom. [Tiu Peck v. CA, press. [Gonzales v. Kalaw-
GR 104404. May 6, 1993]. Katigbak, GR L-69500. July
22, 1985, citing Roth v. US,
Obligee. The person who is to 354 US 476, 487 (1957)].
receive the benefit of
781
Obscene publications and even material which tended

exhibitions. Crim. Law. The to invoke impure sexual
felony committed by the thoughts. Any publication a
authors of obscene dominant characteristic of
literature, published with which is the undue
their knowledge in any form; exploitation of sex, or of sex
the editors publishing such and crime, horror, cruelty or
literature; and the violence. [Duhaime's Legal
owners/operators of the Dict., 2004].
establishment selling the
same, or those who, in Obscenity, test of. (a)
theaters, fairs, Whether the average
cinematographs or any other person, applying
place, exhibit, indecent or contemporary standards'
immoral plays, scenes, acts would find the work, taken
or shows, whether live or in as a whole, appeals to the
film, which are prescribed by prurient interest; (b) whether
virtue hereof, shall include the work depicts or
those which: (a) glorify describes, in a patently
criminals or condone crimes; offensive way, sexual
(b) serve no other purpose conduct specifically defined
but to satisfy the market for by the applicable state law;
violence, lust or and (c) whether the work,
pornography; (c) offend any taken as a whole, lacks
race or religion; (d) tend to serious literary, artistic,
abet traffic in and use of political, or scientific value.
prohibited drugs; and (e) are [Pita v. CA, GR 80806. Oct.
contrary to law, public order, 5, 1989, citing Miller v.
morals, and good customs, California, 413 US 15
established policies, lawful (1973)].
orders, decrees and edicts.
[Art. 201, RPC]. Obscuridad. Sp. See
Nighttime.
Obscenity. 1. Something
offensive to chastity; Observed depreciation. See
decency, or delicacy. [People Accumulated
v. Kottinger, GR 20569. Oct. depreciation on
29, 1923]. 2. A publication appraisal.
which is illegal because it is
morally corruptive. Any lewd Obsession. Legal Med. A
material which had no thought and impulse which
apparent social value, which continually occur in a
was offensive to person’s mind despite all
contemporary community attempts to keep them out.
standards of decency, and An idea constantly occurring
782
in the consciousness inspite Occipital bone. A bone

of efforts to dive them away located at the posterior part
from the mind. [Olarte, Legal of the skull. [Moreno’s Law
Med., 1st Ed. (2004), p. 149]. Dict., 2000 Ed., p. 318].
Obsessive compulsive Occlusio pupillae. The

disorder. Legal Med. A closure of the opening in the
disorder characterized by iris of the eye by formation
the presence of recurrent, of an opaque membrane.
unwanted, intrusive ideas, [Aguja v. GSIS, GR 84846.
images or impulses that Aug. 5, 1991].
seem silly, weird, nasty, or
horrible (obsessions) and an Occupancy. The purpose for
urge or compulsion to do which a building is used or
something that will relieve intended to be used. The
the discomfort caused by an term shall also include the
obsession. [Olarte, Legal building or room housing
Med., 1st Ed. (2004), p. 137]. such use. Change of
occupancy is not intended to
Obsolete property. A include change of tenants or
property which has lost its proprietors. [Sec. 3, BP 220].
efficiency either due to
technological advancement, Occupant. Any person
change or procedure, actually occupying and using
reorganization of a a building or portions thereof
department or office, or by virtue of a lease contract
completion of a project. [IRR with the owner or
on Supply & Prop. Mgt., per administrator or by
Sec. 383, LGC]. permission or sufferance of
the latter. [Sec. 3, PD 1185].
Obstructing justice. An act
which tends to impede or Occupation. Labor. The
thwart the administration of collection of jobs which is
justice. Examples include sufficiently similar with
trying to bribe a witness or regard to their main task to
judge or providing law be grouped together under a
enforcement officers with common title. [Sec. 1, Rule
information known to be 1, Book 2, IRR of LC].
false. [Duhaime's Legal Dict.,
2004]. Occupation. Property. 1.
Seizure of a corporeal thing,
Obvious ungratefulness. without an owner, with the
See Abuse of confidence. intention to acquire
ownership in accordance
with law. 2. A mode of
783
acquiring ownership by the knowledge and skills to

apprehension of a corporeal achieve the objectives as
thing which has no owner, defined and set by the
by a person having capacity occupational therapy
for the purpose, with intent profession. The occupational
to appropriate it as his, and therapist functions through
according to the rule the use of the basic
established by law. It is the methods, approaches and
taking of possession which procedures of occupational
by itself confers ownership. therapy (creative,
[Tolentino, Civil Code of the manipulative, educational,
Phil., Vol. II, Repr. 2001, p. pre-vocational evaluation
489, citing 3 Sanchez Roman and self-care activities)
210]. which are designed to assess
and develop the actual and
Occupational disease. A potential abilities of the
disease which develops as a individual. [Sec. 2, RA 5680].
result of hazards peculiar to
certain occupations, due to Occupational therapy. A
toxic substances (as in the paramedical discipline
organic solvents industry), concerned with the
radiation (as in television administration of medically
repairmen), repeated prescribed treatment, in the
mechanical injury, emotional form of supervised activity,
strain, etc. [Meñez v. ECC, to persons disabled by
GR L-48488. Apr. 25, 1980, disease or injury. The
citing Schmidt's Attorneys' objective of occupational
Dict. of Medicine, p. 561]. therapy is to contribute to
the development of the
Occupational group. A disabled person's
group of classes of positions independence, to improve
in the same occupation or his emotional, social, and
occupational area arranged physical well-being and his
by level of difficulty and ability to care for himself
responsibility. [Sec. 3, PD both at home and on the job,
985]. and to begin early
evaluations and
Occupational therapist. A experimentation for future
legally qualified person job training and
licensed to practice employment. [Sec. 2, RA
occupational therapy under 5680].
this Act and who by
accepted academic training Occupational therapy
and professional clinical technician or assistant. A
experience possesses the person who, not having
784
acquired a bachelor's degree Occupy. To take possession

in occupational therapy, is of. [Moreno’s Law Dict., 2000
qualified, as determined by a Ed., p. 319].
bona fide national
professional association of Ocean waters. All marine
occupational therapists in waters other than the
the Philippines through in- territorial sea and inland
service training and practical waters of the Philippines and
experience, to function as an other states. [Sec. 3, PD
assistant to and under the 600].
direct supervision of an
occupational therapist to Ocular inspection. 1. An
assist in rehabilitating inspection by means of
patients in hospitals and actual sight or viewing.
similar institutions. [Sec. 2, [Southeastern Coll. v. CA, GR
RA 5680]. 126389. July 10, 1998, citing
Webster's 3rd New Intl. Dict.,
Occupation of real 1971 Ed.; Moreno, Phil. Law
property of usurpation of Dict., 2nd Ed.]. 2. Inspection
real rights in property. of the establishment or
Crim. Law. The felony premise involved to help the
committed by any person court in clearing a doubt,
who, by means of violence reaching a conclusion, or
against or intimidation of finding the truth. But it is not
persons, shall take the main trial nor should it
possession of any real exclude the presentation of
property or shall usurp any other evidence which the
real rights in property parties may deem necessary
belonging to another, in to establish their case. It is
addition to the penalty merely an auxiliary remedy
incurred for the acts of which the law affords the
violence executed by him. parties or the court to reach
[Art. 312, RPC]. an enlightened
determination of the case.
Occupation tax. A tax [Phil. Movie Pictures
imposed on a person Workers' Assoc. v. Premiere
engaged in the exercise or Prods., Inc., GR L-5621. Mar.
practice of his profession or 25, 1953].
calling, under Sec. 12, Local
Tax Code (PD 231), as Of counsel. A phrase
amended. [Moreno’s Law commonly applied to counsel
Dict., 2000 Ed., p. 319]. employed to assist in the
preparation or management
of the case, or its
presentation on appeal, but
785
who is not the principal phosphorous, or other

attorney for the party. poisonous substance is used.
[Jurist’s Legal Dict., 2004]. [Sec. 84, PD 856].
Offended party. The person Offer. 1. A proposal to enter

against whom or against into a contract. [Rosenstock
whose property, the offense v. Burke, 46 Phil. 217]. 2. A
was committed. [Sec. 12, proposal involving one or
Rule 110, RoC]. more items in a tender. [IRR
on Supply & Prop. Mgt., per
Offending the religious Sec. 383, LGC]. 3. An explicit
feelings. Crim. Law. The proposal to contract which, if
felony committed by anyone accepted, completes the
who, in a place devoted to contract and binds both the
religious worship or during person that made the offer
the celebration of any and the person accepting
religious ceremony shall the offer to the terms of the
perform acts notoriously contract. [Duhaime's Legal
offensive to the feelings of Dict., 2004]. See also
the faithful. [Art. 133, RPC]. Acceptance.
Offense. A crime. Any act Offering false testimony in

which contravenes the evidence. Crim. Law. The
criminal law of the state in felony committed by any
which it occurs. [Duhaime's person who shall knowingly
Legal Dict., 2004]. offer in evidence a false
witness or testimony in any
Offensive trades or judicial or official
occupations. Any of the proceeding, shall be
following trades or punished as guilty of false
occupations: (a) Soap testimony. [Art. 184, RPC].
boiling; (b) guts cleaning; (c)
boiling of offal, bones, fat or Offer of compromise. Evid.
lard; (Permissible if process A proposal which is tentative
is performed in a public and any statement made in
slaughterhouse under connection with it which is
prescribed regulations); (d) hypothetical, the purpose
manufacturing of glue or being to buy peace and in
fertilizer; (e) skin curing; (f) contemplation of mutual
scrap processing; (g) concessions. [Claridades, A.,
manure storing; (h) lime Compilation of Notes, 2001-
burning; (i) lye making; and 2006]. Compare with
(j) any manufacturing Ordinary admission.
process in which lead,
arsenic, mercury,
786
Offer of evidence. The individual persons, whose

statement made by counsel functions are defined by law
as to what he expects to or regulation. [Sec. 2(9),
prove through the witness. Rev. Admin. Code of 1987].
[People v. Yap, GR 103517. 2. A public charge or
Feb. 9, 1994]. Compare with employment, an
Presentation of evidence. employment on behalf of the
government in any station or
Offer of proof. A disclosure public trust, not merely
of the evidence the offering transient, occasional or
party wishes to introduce in incidental. [Tejada v.
the face of rejection to the Domingo, GR 91860. Jan. 13,
admission of said evidence. 1992, citing Black's Law
It is a better practice to Dict., 5th Ed., 976].
attach to the record the
exhibits which have been Officer. As distinguished from
rejected. [Herrera, Remedial "clerk" or "employee", a
Law, Vol. VI, 1999 Ed., p. person whose duties, not
342]. being of a clerical or manual
nature, involves the exercise
Offer to compromise. It of discretion in the
does not, in legal performance of the functions
contemplation, involve an of the government. When
admission on the part of a used with reference to a
defendant that he is legally person having authority to
liable, not on the part of a do a particular act or
plaintiff that his claim or perform a particular function
demand is groundless or in the exercise of
even doubtful, since the governmental power,
compromise is arrived at "officer" includes any
precisely with a view to government employee,
avoiding further controversy agent or body having
and saving the expenses of authority to do the act or
litigation. [Smith Bell and Co. exercise that function. [Sec.
(Phils.), Inc. GR 56294. May 2, Admin. Code of 1987].
20, 1991].
Officer ad interim. One
Office. 1. Within the appointed to fill a vacancy,
framework of governmental or to discharge the duties of
organization, any major the office during the absence
functional unit of a or temporary incapacity of
department or bureau its regular incumbent [PLM
including regional offices. It v. IAC, GR L-65439. Nov. 13,
may also refer to any 1985, citing Black's Law
position held or occupied by Dict., Rev. 4th Ed., 1978].
787
the facts stated but must

Officer breaking seal. Any have the duty to give such
public officer charged with statement for the record.
the custody of papers or [Claridades, A., Compilation
property sealed by proper of Notes, 2001-2006].
authority, who shall break
the seals or permit them to Official integrity. This
be broken. [Art. 227, RPC]. includes not only soundness
of moral principle and
Officer-in-charge. A person character but also connotes
designated to an office in a strictness or fidelity in the
temporary capacity. The discharge of the trust
designee holds no fixed reposed, like obedience to
tenure and may be removed the laws, legal orders and
or replaced at will by the decrees promulgated by the
appointing authority, with or duly constituted authorities.
without cause, and without [Dizon v. Dollete, GR L-
need of notice or any form of 19838. June 30, 1964].
hearing. [Moreno’s Law Dict.,
2000 Ed., p. 320]. Official residences.
Malacañang, and other
Official. As an adjective, it government-owned
means “derived from the structures where the
proper office or officer; President resides, and other
authoritative.” [Moreno’s structures occupied by the
Law Dict., 2000 Ed., p. 320]. Philippine Consulate or
Embassies abroad. [Sec. 3,
Official document. Any RA 8491].
instrument issued by the
government or its agents or Officious manager. See
its officers having the Negotiorum gestor.
authority to do so and the
offices, which in accordance Offshore. 1. The water, sea
with their creation, they are bottom, and subsurface from
authorized to issue. the shore or coastline
[Gregorio, Fund. of Crim. reckoned from the mean low
Law Rev., 1997 9th Ed., p. tide level up to the two
450, citing II Pacheco, pp. hundred nautical miles (200
295-296]. n. m.) exclusive economic
zone including the
Official information. The archipelagic sea and
statement made - on entries contiguous zone. [Sec. 3, RA
in official records - by the 7942]. 2. An area situated
person who not only must off the shore within a zone
have personal knowledge of generally considered to
788
extend to three miles. [De including those in

Castro v. Marcos, GR L- government-owned or
26093. Jan. 27, 1969, citing controlled corporations,
Webster's 3rd New Intl. Dict., make appropriate
1964 Ed., p. 1568]. recommendations, and in
case of failure of justice as
Offshore banking. The defined by law, file and
conduct of banking prosecute the corresponding
transactions in foreign criminal, civil or
currencies involving the administrative case before
receipt of funds from the proper court or body.
external sources and the [Claridades, A., Compilation
utilization of such funds as of Notes, 2001-2006].
provided in this Decree.
[Sec. 1, PD 1034]. Ombudsman Act of 1989,
The. RA 6770 entitled “An
Offshore banking unit. A Act providing for the
branch, subsidiary or affiliate functional and structural
of a foreign banking organization of the Office of
corporation which is duly the Ombudsman, and for
authorized by the Central other purposes” enacted on
Bank of the Philippines to Nov. 17, 1989.
transact offshore banking
business in the Philippines. Omne quod solo
[Sec. 1, PD 1034]. inadeficatur solo cedit.
Lat. Everything that is built
Oil. Oil of any kind or in any on the soil yields to the soil.
form including, but not [Roque v. Lapuz, GR L-
limited to, petroleum, fuel 32811. Mar. 31, 1980].
oil, sludge, oil refuse, and oil
mixed with wastes other Omnia praesumuntur rite
than dredge spoil. [Sec. 3, et solemniter esse acta.
PD 979; Sec. 3, PD 600]. Lat. All things are presumed
to be correctly and solemnly
Okinam. Ilok. Vulva of your done. [Farolan v. Solmac
mother. [People v. Balanag, Marketing Corp., GR 83589.
GR 103225. Sep. 15, 1994]. Mar. 13, 1991].
OMB. The Optical Media Omnibus bill. A draft law

Board. [Sec. 3, RA 9239]. before a legislature which
contains more than one
Ombudsman. The official substantive matter, or
mandated by law to receive several minor matters which
and investigate complaints have been combined into
relative to public office, one bill, ostensibly for the
789
sake of convenience. to carry the goods, whereas

[Duhaime's Legal Dict., a received for shipment bill
2004]. of lading is one in which it is
stated that the goods have
Omnibus Election Code of been received for shipment
the Philippines. BP 881 with or without specifying
entitled “Omnibus Election the vessel by which the
Code of the Philippines” goods are to be shipped. An
enacted on Dec. 3, 1985. on board bill of lading is
issued when the goods have
Omnibus Investment Code been actually placed aboard
of 1987, The. EO 226 the ship with every
signed into law on July 16, reasonable expectation that
1987. the shipment is as good as
on its way. [Magellan v. CA,
Omnibus motion. A motion GR 95529. Aug. 22, 1991].
attacking a pleading, order, Compare with Received for
judgment, or proceeding shipment bill of lading.
which includes all objections
then available, and all On call status. A condition
objections not so included when public health workers
are deemed waived. [Sec. 8, are called upon to respond
Rule 15, RoC]. to urgent or immediate need
for health/medical assistance
On a person's own or relief work during
recognizance. Release of a emergencies such that
person from custody without he/shall cannot devote the
the payment of any bail or time for his/her own use.
posting of bond, upon the [Sec. 15, RA 7305].
promise to return to court.
[Glossary of Legal Terms Onerous contract. A
(Pro-Se), 2004]. contract in where the cause
for each contracting party is
On-arm irrigation facilities. the prestation or promise of
Composite facilities that a thing or service by the
permit entry of water to other. [Art. 1350, CC].
paddy areas and consist of
farm ditches and turnouts. Onerous donation. One
[Sec. 4, RA 8435]. [Sec. 4, which is subject to burdens,
RA 8435]. charges or future services
equal (or more) in value than
On board bill of lading. One that of the thing donated.
in which it is stated that the [De Luna v. Abrigo, GR
goods have been received 57455. Jan. 18, 1990, citing
on board the vessel which is Paras, Civil Code of the Phil.
790
Annotated, 11 Ed., 726]. within one year from the

Compare with Simple date of issuance of a final
donation or certification election result.
Remuneratory donation. [Poquiz, Labor Rel. Law,
1999 Ed. p. 203].
One-subject, one-title rule.
The Constitutional provision On occasion. The phrase
that requires that every bill signifies “because” or “by
passed by the Congress shall reason” of the past
embrace only one subject performance of official
which shall be expressed in duties, even if at the very
the title thereof. [Sec. 26. time of the assault no official
(1), Art. VI, 1987 Phil. duty was being discharged.
Const.]. [Moreno’s Law Dict., 2000
Ed., p. 320].
One-subject, one-title rule.
Purposes: (a) To prevent On or about. A phrase used
Hodge-podge or Log-rolling in reciting the date of an
legislation; (b) to prevent occurrence or conveyance,
surprise or fraud upon the or the location of it to
legislature by means of escape the necessity of
provisions in bills of which being bound by the
the title gives no intimation, statement of an exact date
and which might therefore or place. Approximately;
be overlooked and carelessly about; without substantial
and unintentionally adopted; variance from; near.
and (c) to fairly apprise the [Moreno’s Law Dict., 2000
people, through such Ed., p. 320].
publication of legislative
proceedings as is usually Onshore. The landward side
made, of the subject of from the mean tide
legislation that is being elevation, including
considered, in order that submerged lands in lakes,
they may have opportunity rivers and creeks. [Sec. 3,
of being heard thereon, by RA 7942].
petition or otherwise, if they
shall so desire. [Phil. Judges On-site development. The
Assoc. v. Prado, GR 105371. process of upgrading and
Nov. 11, 1993, citing Cooley, rehabilitation of blighted
Constl. Limitations, 8th Ed., slum urban areas with a
pp. 295-296]. view of minimizing
displacement of dwellers in
One-year bar rule. Labor. said areas, and with
The rule that certification provisions for basic services.
election may not be held [Sec. 3, RA 7279].
791
Commission (ERC). [Sec. 4,

On the job training. The RA 9136].
practical work experience
through actual participation Open corporation. A
in productive activities given corporation which is open to
to or acquired by an any person who may wish to
apprentice. [Sec. 2, Rule 6, become a stockholder or
Book 3, IRR of LC]. member thereto. [De Leon,
Corp. Code of the Phil.
Onus. Lat. The burden. It is Annotated, 1989 Ed., p. 39].
usually used in the context Compare with Close
of evidence. The onus of corporation.
proof in criminal cases lies
with the state. It is the state Open disobedience. Crim.
that has the burden of Law. The felony committed
proving beyond reasonable by any judicial or executive
doubt. In civil cases, the officer who shall openly
onus of proof lies with the refuse to execute the
plaintiff who must prove his judgment, decision or order
case by balance of of any superior authority
probabilities. [Duhaime's made within the scope of the
Legal Dict., 2004]. jurisdiction of the latter and
issued with all the legal
Onus probandi. Lat. Burden formalities. [Art. 231, RPC].
of proof. [Ramcar Inc. v.
Garcia, GR L-16997. Apr. 25, Open-end company. An
1962]. investment company which
is offering for sale or has
Onward shifting. The outstanding any redeemable
shifting of the tax two or security of which it is the
more times either forward or issuer. [Sec. 5, RA 2629].
backward. [De Leon, See Closed-end company.
Fundamentals of Taxation,
2000 Ed., p. 56]. Open-end-credit plan. A
consumer credit extended
Open access. The provision on an account pursuant to a
of allowing any qualified user plan under which: 1) the
the use of transmission, creditor may permit the
and/or distribution system person to make purchase or
and associated facilities obtain loans, from time to
subject to the payment of time, directly from the
transmission and/or creditor or indirectly by use
distribution retail wheeling of credit card, or other
rates duly approved by the service; 2) the person has
Energy Regulation the privilege of paying the
792
balance; or 3) a finance
charge may be computed by Open policy. Ins. A policy of
the creditor from time to insurance in which the value
time on an unpaid balance. of the thing insured is not
[Sec. 3, RA 8484; Art. 4, RA agreed upon, but is left to be
7394]. ascertained in case of loss.
[Sec. 60, IC]. Compare with
Open-ended agreement. An Valued policy.
agreement or contract which
does not have an ending Open possession. When
date but which will continue possession is patent, visible,
for as long as certain apparent, notorious and not
conditions, identified in the clandestine. [Dir. of Lands v.
agreement, exist. IAC, GR 68946. May 22,
[Duhaime's Legal Dict., 1992, citing Black's Law
2004]. Dict., 5th Ed., 983].
Opening bank. The bank, Open space. Areas allocated

usually the buyer's bank, for the following purposes:
which actually issues the circulation, community
letter of credit. [Bank of facilities, park or playground,
America, NT & SA v. CA, GR easements, and courts. [Sec.
105395. Dec. 10, 1993]. Also 3, BP 220].
known as the Issuing bank.
Open ticket. A ticket on
Opening of closed board a ship whereby the
documents. Crim. Law. The passenger has not been
felony committed by any assigned to any particular
public officer not included in berth space. [Bank of
the provisions Art. 227 of the America v. CA, GR 105395.
Rev. Penal Code who, Dec. 10, 1993].
without proper authority,
shall open or shall permit to Operate. To perform work or
be opened any closed labor; to work. [Moreno’s
papers, documents or Law Dict., 2000 Ed., p. 321].
objects entrusted to his
custody. [Art. 228, RPC]. Operating lease. A contract
under which the asset is not
Opening statement. The wholly amortized during the
initial statement made by primary period of the lease,
attorneys for each side, and where the lessor does
outlining the facts each not rely solely on the rentals
intends to establish during during the primary period for
the trial. [Glossary of Legal his profits, but looks for the
Terms (Pro-Se), 2004]. recovery of the balance of
793
his costs and for the rest of Operator. 1. Local Govt.

his profits from the sale or Code. The owner, manager,
release of the returned asset administrator, or any other
at the end of the primary person who operates or is
lease period. [Beltran v. PAIC responsible for the operation
Finance Corp., GR 83113. of a business establishment
May 19, 1992, citing Rev. or undertaking. [Sec. 131,
Reg. 19-86, Promulgated by RA 7160]. 2. Anti-Gambling
the DOF on 1 Jan. 1987]. Law. See Maintainer. [Sec.
2, RA 9287].
Operation. A doing or
performing action; work. Opinio juris sive
[Moreno’s Law Dict., 2000 necessitatis. Lat. Of the
Ed., p. 321]. opinion that it is a necessary
law. Maxim that an
Operative fact doctrine. 1. observing state must
The doctrine (which holds) perceive a customary
that in declaring a law or practice as one that it is
rule null and void, undue obligated by international
harshness and resulting law to observe. [Intl. Law
unfairness must be avoided. Dict. & Direct., 2004].
[Union Of Filipro Employees
v. Vivar, GR 79255. Jan. 20, Opinion. 1. The informal
1992]. 2. The doctrine expression of the views of
holding that the actual the court (which) cannot
existence of a statute, prior prevail against its final order
to such a determination [of or decision. (It) forms no part
unconstitutionality], is an of the judgment. [Dayrit v.
operative fact and may have CA, GR L-29388. Dec. 28,
consequences which cannot 1970]. 2. A judge's written
justly be ignored. The past explanation of a decision of
cannot always be erased by the court or of a majority of
a new judicial declaration. judges. A dissenting opinion
The effect of the subsequent disagrees with the majority
ruling as to invalidity may opinion because of the
have to be considered in reasoning and/or the
various aspects, — with principles of law on which
respect to particular the decision is based. A
relations, individual and concurring opinion agrees
corporate, and particular with the decision of the court
conduct private and official. but offers further comment.
[Serrano De Agbayani v. (A per curiam opinion is an
PNB, GR L-23127. Apr. 29, unsigned opinion of the
1971]. See Chicot doctrine. court.). [Glossary of Legal
794
Opium poppy. Any part of

Opinion rule. Evid. The the plant of the species
general rule that the opinion Papaver somniferum L.,
of a witness is not Papaver setigerum DC,
admissible, except as Papaver orientale, Papaver
indicated in Secs. 49 and 50 bracteatum and Papaver
of Rule 130 of the Rules of rhoeas, which includes the
Court. [Sec. 48, Rule 130, seeds, straws, branches,
RoC]. leaves or any part thereof, or
substances derived
Opium. 1. The coagulated therefrom, even for floral,
juice of the opium poppy decorative and culinary
(Papaver somniferum L.) and purposes. [Sec 3, RA 9165].
embraces every kind, class
and character of opium, Oppression. 1. The
whether crude or prepared; misdemeanor committed by
the ashes or refuse of the a public officer who, under
same; narcotic preparations color of his office, wrongfully
thereof or therefrom; inflicts upon any person any
morphine or any alkaloid of bodily harm, imprisonment
opium; preparations in which or any other injury, or an act
opium, morphine or any of subjecting another to
alkaloid of opium enters as cruel and unjust hardship.
an ingredient; opium poppy; [Buta v. Relampagos, GR
opium poppy straw; and 116798. Sept. 16, 1997,
leaves or wrappings of citing Black's Law Dict., 6th
opium leaves, whether Ed., p. 1093]. 2. An act of
prepared for use or not. [Sec cruelty, severity, unlawful
3, RA 9165]. 2. It embraces exaction, domination or
every kind, class, and excessive use of authority.
character of opium, whether [Ochate v. Ty Deling, L-
crude or prepared; the ashes 13298, Mar. 30, 1959, 105
on refuse of the same; Phil. 384, 390].
narcotic preparations thereof
or therefrom; morphine or Oppressive. Unreasonably
any alkaloid of opium, burdensome; unjustly
preparation in which opium, severe, rigorous or harsh;
morphine or any kind of overpowering or depressing
opium, enter as an to the spirit or senses.
ingredient, and also opium [Moreno’s Law Dict., 2000
leaves or wrappings of Ed., p. 325].
opium leaves, whether
prepared or not for their use. Optical media. A storage
[Art. 190, RPC]. medium or device in which
information, including
795
sounds and/or images, or Properties v. CA, GR 111238.

software code, has been Jan. 25, 1995 ].
stored, either by mastering
and/or replication, which Optional clause
may be accessed and read jurisdiction. Intl. Law. A
using a lens scanning unilateral grant of
mechanism employing a jurisdiction by a state to the
high intensity light source International Court of Justice
such as a laser or any such that allows the Court to
other means as may be resolve disputes involving
developed in the future. that state. [Intl. Law Dict. &
[Sec. 3, RA 9239]. Direct., 2004].
Optima statuli Optional contract. A

interpretatix est ipsum contract by virtue of the
statutum. Lat. The best terms of which the parties
interpreter of the statute is thereto promise and obligate
the statute itself. themselves to enter into
[Claridades, A., Compilation another contract at a future
of Notes, 2001-2006]. time, upon the happening of
certain events or the
Option. 1. A contract granting fulfillment of certain
a person the privilege to buy conditions. [Moreno’s Law
or not to buy certain objects Dict., 2000 Ed., p. 322].
at any time within the
agreed period at a fixed Option money. The
price. [Paras, Civil Code of consideration for the option
the Phil. Annotated, 1978 period. It is separate and
Ed., Vol. IV, p. 448]. 2. As distinct from the purchase
used in the law on sales, it is price. Where option money
a continuing offer or contract is given, it is proof of the
by which the owner perfection of the option
stipulates with another that contract. [Diaz, Bus. Law
the latter shall have the right Rev., 1991 Ed., p. 66].
to buy the property at a
fixed price within a certain Option to purchase. A
time, or under, or in unilateral contract whereby
compliance with, certain the owner agrees with the
terms and conditions, or holder of the option that the
which gives to the owner of latter has a right to buy the
the property the right to sell property according to the
or demand a sale. It is also terms and conditions of the
sometimes called an contract, constituting merely
unaccepted offer. [Adelfa the right to an election, the
holder of which is not bound
796
to complete the sale. aids, and similar appliances

[Moreno’s Law Dict., 2000 and devices, conducting
Ed., p. 322]. ocular exercises, vision
training, orthoptics,
Option to rebuild clause. installing prosthetics, using
Ins. A clause giving the authorized diagnostic
insurer the option to pharmaceutical agents
reinstate or replace the (DPA), and other preventive
property damaged or or corrective measures or
destroyed or any part procedures for the aid,
thereof, instead of paying correction, rehabilitation or
the amount of the loss or the relief of the human eye, or to
damage. [Claridades, A., attain maximum vision and
Compilation of Notes, 2001- comfort. [Sec. 3, RA 8050].
2006].
Or. The term has, oftentimes,
Option warrant. Corp. Law. been held to mean "and," or
A stock which gives the vice-versa, when the spirit or
holder the right to subscribe context of the law warrants
for or purchase shares of the it. [Gonzales v. Comelec, GR
issuing corporation, such as L-28196. Nov. 9, 1967, citing
common shares, at a 50 Am. Jur. 267-268].
stipulated price or prices per
share usually within a limited Oral argument. Presentation
time. [Diaz, Bus. Law Rev., of a case before a court by
1991 Ed., p. 250]. spoken argument; usually
with respect to a
Optometrist. A person who presentation of a case to an
has been certified by the appellate court where a time
Board of Optometry and limit might be set for oral
registered with the argument. [Glossary of Legal
Professional Regulation Terms (Pro-Se), 2004].
Commission (PRC) as being
qualified to practice Oral defamation. Also
optometry in the Philippines. Slander. The speaking of
[Sec. 3, RA 8050]. base and defamatory words
which tend to prejudice
Optometry. The science and another in his reputation,
art of examining the human office, trade, business or
eye, analyzing the ocular means of livelihood [Victorio
function, prescribing and v. CA, GR 32836-37. May 31,
dispensing ophthalmic 1989, citing 33 Am. Jur. 39].
lenses, prisms, contact
lenses and their accessories Oralism. Legal Med. The use
and solutions, low vision of the mouth as a way of
797
sexual gratification. [Olarte, aside on such terms and

Legal Med., 1st Ed. (2004), p. conditions as the judge may
115]. impose in the interest of
justice. [Sec. 3(b), Rule 9,
Order. 1. A formal written RoC].
direction given by a member
of the judiciary. A court Ordinance. Local Govt. 1.
decision without reasons. Legislative acts passed by
[Duhaime's Legal Dict., the municipal council in the
2004]. 2. A mandate, exercise of its lawmaking
command, or direction authority. [Mascuñana v.
authoritatively given. Prov. Board of Negros Occ.,
Direction of a court or judge GR L-27013. Oct. 18, 1977,
made in writing. [Glossary of citing Sec. 2227, Rev.
Legal Terms (Pro-Se), 2004]. Admin. Code]. 2. A rule
established by authority;
Order of a court. A formal may be a municipal statute
direction of a court of of a city council, regulating
competent jurisdiction such matters as zoning,
requiring that a certain act building, safety, matters of
be performed or restrained. municipality, etc. [Glossary
[Torres, Oblig. & Cont., 2000 of Legal Terms (Pro-Se),
Ed., p. 353]. 2004]. Compare with
Resolution.
Order of default, effect of.
A party in default shall be Ordinance. Local Govt.
entitled to notice of Requisites for validity: A
subsequent proceedings but municipal ordinance (a) must
not to take part in the trial. not contravene the
[Sec. 3(a), Rule 9, RoC]. Constitution or any statute
(b) must not be unfair or
Order of default, relief oppressive (c) must not be
from. A party declared in partial or discriminatory (d)
default may at any time must not prohibit but may
after notice thereof and regulate trade (e) must be
before judgment file a general and consistent with
motion under oath to set public policy, and (f) must
aside the order of default not be unreasonable. [Tatel
upon proper showing that his v. Mun. of Virac, GR L-40243.
failure to answer was due to Mar. 11, 1992].
fraud, accident, mistake or
excusable negligence and Ordinary acquisitive
that he has a meritorious prescription. 1. This
defense. In such case, the requires possession of things
order of default may be set in good faith and with just
798
title during the time fixed by of Notes, 2001-2006].

law. The good faith of the Compare with Offer of
possessor consists in the compromise.
reasonable belief that the
person from whom he Ordinary care. Such care as
received the thing was the an ordinary prudent person
owner thereof and could would exercise under a
transmit his ownership. For particular case to avoid
the purpose of prescription, injury. [Moreno’s Law Dict.,
there is just title when the 2000 Ed., p. 324].
adverse claimant came into
possession of the property Ordinary civil action, basis
through one of the modes of. Every ordinary civil
recognized by law for the action must be based on a
acquisition of ownership or cause of action. [Sec. 1, Rule
other real rights, but the 2, RoC].
grantor was not the owner or
could not transmit any right. Ordinary coral. All kinds of
It is well-settled that coral other than precious
possession, to constitute the and semi-precious corals.
foundation of a prescriptive [Sec. 3, PD 1219].
right, must be adverse and
under a claim of title. Ordinary expenses.
Possession by license or Taxation. It connotes a
mere tolerance does not payment which is normal in
give rise to acquisitive relation to the business of
prescription. [Sapu-an v. CA, the taxpayer and the
GR 91869. Oct. 19, 1992; surrounding circumstances.
Art. 1134, CC]. 2. Ordinary [Martens, Law of Federal,
acquisitive prescription of Income Taxation, Vol. IV, p.
dominion requires that there 316]. The term Ordinary
be public, peaceful and does not require that the
uninterrupted possession in payments be habitual or
the concept of owner for a normal in the sense that the
period of ten (10) years. same taxpayer will have to
[Borillo v. CA, GR 55691. make them often; the
May 21, 1992]. payment may be unique or
non-recurring to the
Ordinary admission. Evid. particular taxpayer affected.
An admission the intention [Atlas Consolidated Mining &
of which is apparently to Devt. Corp. v. Comm. of Int.
admit liability and seek to Rev., GR L-26911. Jan. 27,
buy or secure relief against a 1981]. Compare with
liability recognized as such. Necessary expenses.
799
Ordinary income. Any gain them at the expense of the

from the sale or exchange of usufructuary. [Art. 592, CC].
property which is not a
capital asset or property. Ordinary will. Also Attested
[Sec. 22 NIRC, as amended]. will. A will the execution of
which is governed by Arts.
Ordinary jurisdiction. 804 to 809 of the Civil Code.
Jurisdiction attached by law [Caneda v. CA, GR 103554.
to an office. [Roman Catholic May 28, 1993].
Apostolic Administrator of
Davao, Inc. v. Land Ore. A naturally occurring
Registration Commission, GR substance or material from
L-8451. Dec. 20, 1957]. which a mineral or element
Compare with Delegated can be mined and/or
jurisdiction. processed for profit. [Sec. 3,
RA 7942].
Ordinary legislative power.
Pol. Law. The power to pass Ore transport permit. The
ordinary laws. [Suarez, Pol. permit specifying the origin
Law Reviewer, 1st Ed., 2002, and quantity of non-
p. 284]. processed mineral ores or
minerals which shall be
Ordinary loss. Any loss from required for their transport.
the sale or exchange of Transport permits shall be
property which is not a issued by the mines regional
capital asset. [Sec. 22 NIRC, director who has jurisdiction
as amended]. over the area where the ores
were extracted. [Sec. 53, RA
Ordinary purchaser. A 7942].
purchaser accustomed to
buy, and therefore to some Organ. From Gr. organon:
extent familiar with, the tool or instrument. An
goods in question. [Dy agency that carries on
Buncio v. Tan Tiao Bok, 42 specific functions within a
Phil. 190 (1921)]. larger organization. [Intl.
Ordinary repairs. Such
repairs as are required by Organ bank storage
the wear and tear due to the facility. A facility licensed,
natural use of the thing and accredited or approved
are indispensable for its under the law for storage of
preservation. Should the human bodies or parts
usufructuary fail to make thereof. [Sec. 2, RA 7170].
them after demand by the
owner, the latter may make
800
Organ Donation Act of other illegal activities of such

1991. RA 7170 entitled “An groups. [Sec. 1, PD 1731].
Act authorizing the legacy or
donation of all or part of a Organized or syndicated
human body after death for crime group. 1. A group of
specified purposes” enacted two (2) or more persons
on Jan. 7, 1992. collaborating, confederating
or mutually helping one
Organic peroxide. A strong another in the commission of
oxidizing organic compound any organized/syndicated
which releases oxygen crime. [Sec. 1, PD 1731]. 2.
readily. it causes fire when in A group of two or more
contact with combustible persons collaborating,
materials especially under confederating or mutually
conditions of high helping one another for
temperature. [Sec. 3, PD purposes of gain in the
1185]. commission of any crime.
[People v. Esparas, GR
Organized establishment. A 120034. July 10, 1998, citing
firm or company where there Sec. 23 of RA 7659].
is a recognized or certified
exclusive bargaining agent. Orgasm. Legal Med. The peak
[Sec. 1, Rule 1, Book 5, IRR or climax of sexual
of LC]. excitement. In men, semen
ejaculates from the penis
Organized or syndicated and in women, the muscles
crime. Any crime committed surrounding the vagina
by an organized/syndicated contracts rhythmically. At
crime group, including, but orgasm, both men and
not limited to, arson, robbery women experience increased
(hold-up), kidnapping for muscle turgor throughout
ransom, prostitution, illegal the body and contractions of
recruitment, carnapping, the pelvic muscles that peak
smuggling and piracy, cattle to a most pleasurable
rustling, illicit drug mental and physical
trafficking, labor rackets, gratification. [Olarte, Legal
land title rackets, Med., 1st Ed. (2004), p. 112].
manufacture and/or
circulation of fake Original cost. For newly
documents, license, stamps, acquired machinery not yet
currencies, and other depreciated and appraised
government forms, within the year of its
counterfeiting and bank purchase, the actual cost of
frauds, consumer frauds and the machinery to its present
owner (plus the cost of
801
transportation, handling and producer or importer. [Sec,

installation at the present 5, CA 503].
site). [Sec. 3, PD 464].
Originate. To come into
Originality. Creative effort being; begin; to start.
invested by an author into [Tolentino v. Sec. of Finance,
raw materials that gives GR 115455. Aug. 25, 1994].
them a new quality or
character. [Intl. Law Dict. & Originator. 1. The person or
Direct., 2004]. entity which was the original
obligee of the assets, such
Original jurisdiction. 1. The as financial institution that
power of the Court to take grants a loan or a
judicial cognizance of a case corporation in the books of
instituted for judicial action which the Assets were
for the first time under created in accordance with
conditions provided by law. the plan for securitization as
[Garcia v. De Jesus, GR approved by the SEC. [Sec.
88158. Mar. 4, 1992, citing 3, RA 9267]. 2. A person by
Rem. Law Compendium, whom, or on whose behalf,
Regalado, 5th Rev. Ed., Vol. the electronic document
1, p. 3]. 2. Jurisdiction to purports to have been
take cognizance of a cause created, generated and/or
at its inception, try it and sent. The term does not
pass judgment upon the law include a person acting as
and facts. [Ong v. Parel, GR an intermediary with respect
76710. Dec. 21, 1987, citing to that electronic
Black's Law Dict., pp. 673 document. [Sec. 5, RA
and 1251]. Compare with 8792].
Appellate jurisdiction.
Origin of the property. In
Original legislative power. reserva troncal, the person -
1. Power possessed by the who should be an ascendant,
sovereign people. [Garcia v. brother or sister - from
Comelec, GR 111230. Sep. whom the descendant-
30, 1994]. 2. Power propositus acquired the
belonging to the sovereign property. [Jurado, Comments
people which is supreme. & Jurisp. on Succession,
[Suarez, Stat. Con., (1993), 1991 8th Ed., p. 255].
p. 52]. Compare with
Derivative legislative Orphan. A person who has
power. lost one or both of his
natural parents. [Duhaime's
Original sale. The first sale Legal Dict., 2004].
by every manufacturer,
802
Ostensible authority
doctrine. Also known as Ounce. Troy ounce which is
Apparent authority one-twelfth part of a pound
doctrine. If a corporation of five thousand seven
knowingly permits one of its hundred sixty grains, or four
officers, or any other agent, hundred eighty grains of
to do acts within the scope 31.1035 grams. [Sec. 1, RA
of an apparent authority, 6364].
and thus holds him out to
the public as possessing Outer space. Intl. Law. 1.
power to do those acts, the Considered as res
corporation will, as against communes, the rules
any one who has in good governing the high seas
faith dealt with the apply to it. States have the
corporation through such right to launch satellites in
agent, be estopped from orbit over the territorial
denying his authority airspace of other state.
[Francisco v. GSIS, 7 SCRA [Sandoval, Pol. Law Reviewer
577, 583-584; PNB v. CA, 94 2003]. 2. The universe and
SCRA 357, 369-370; its celestial bodies above
Prudential Bank v. CA, GR and beyond the earth's
103957, June 14, 1993]. atmosphere. [Intl. Law Dict.
& Direct., 2004].
Osteoarthritis. A disease
characterized by thinning or Outer space treaty. Intl.
degeneration of cartilage Law. 1. The outer space is
and of bone in some parts of free for exploration and use
the joint. It is a part of the by all states; it cannot be
ageing process of the people annexed by any state; and it
afflicted with it. [Moreno’s may be used exclusively for
Law Dict., 2000 Ed., p. 325]. peaceful purposes. Thus,
nuclear weapons of mass
Other purposes. The phrase destruction may not be
appended to the title of a placed in orbit around the
law referring to such earth. [Sandoval, Pol. Law
purposes as are merely Reviewer 2003]. 2. Treaty on
subordinate to and cognate principles governing the
with the general subject activities of states in the
therein expressed. [Moreno’s exploration and use of outer
Law Dict., 2000 Ed., p. 326]. space including the moon
and other celestial bodies.
Ought. A verb synonymous to [Intl. Law Dict. & Direct.,
the auxiliary verb “should.” 2004].
Ed., p. 325].
803
Out-of-court identification.
Identification conducted by Outstanding capital stock.
the police in various ways. It Corp. Law. 1. The portion of
is done thru show-ups where the capital stock which is
the suspect alone is brought issued and held by persons
face to face with the witness other than the corporation
for identification. It is done itself. [De Leon, Corp. Code
thru mug shots where of the Phil. Annotated, 1989
photographs are shown to Ed., p. 53]. 2. The total
the witness to identify the shares of stock issued to
suspect. It is also done thru subscribers or stockholders,
line-ups where a witness whether or not fully or
identifies the suspect from a partially paid (as long as
group of persons lined up for there is a binding
the purpose. [People v. subscription agreement),
Teehankee, GR 111206-08. except treasury shares. [Sec.
Oct. 6, 1995]. 137, Corp. Code]. Also
Issued capital stock.
Out-of-court settlement. An
agreement between two Overdraft. The act of
litigants to settle a matter checking out more money
privately before the Court than one has on deposit in a
has rendered its decision. bank, and it may be either a
[Duhaime's Legal Dict., legitimate method of
2004]. borrowing the money or an
illegitimate and criminal
Output tax. The value-added method of obtaining it
tax due on the sale or lease through the connivance of
of taxable goods or the person from whom it is
properties or services by any obtained. [Moreno’s Law
person registered or Dict., 2000 Ed., p. 326].
required to register under
Sec. 236 of the National Overhauling. The cleaning or
Internal Revenue Code. [Sec. repairing of the whole
110, NIRC, as amended]. engine of a motor vehicle by
separating the motor engine
Outside - of - the - freedom and its parts from the body
- period rule. Labor. The of the motor vehicle. [Sec. 2,
rule that a petition filed RA 6539].
before or after the sixty-day
freedom period shall be Over-insurance. Ins. It
dismissed outright. [Liberty results when the insured
Commercial Center, Inc. v. insures the same property
Calleja, GR 81269. July 19, for an amount greater than
1989]. the value of the property
804
with the same insurance otherwise disqualified by

company. [Claridades, A., law, who is abroad on the
Compilation of Notes, 2001- day of elections. [Sec. 3, RA
2006]. 9189].
Overissued shares. Corp. Overseas absentee voters,

Law. Those issued beyond certified list of. The list of
the authorized capital stock registered overseas
and considered void. [Diaz, absentee voters whose
Bus. Law Rev., 1991 Ed., p. applications to vote in
250]. absentia have been
approved by the Commission
Overloading. The use of one on Election (COMELEC), said
or more electrical appliances list to be prepared by the
or devices which draw or Committee on Absentee
consume electrical current Voting of the Commission,
beyond the designed on a country-by-country
capacity of the existing basis. [Sec. 3, RA 9189].
electrical system. [Sec. 3, PD
1185]. Overseas employment. 1.
Employment of a worker
Overpricing. The sale of outside the Philippines,
petroleum and/or petroleum including employment on
products at prices in excess board vessels plying
of those duly authorized by international waters,
the Government. [Sec.2, PD covered by a valid contract.
1865; Sec. 3, BP 33]. [Eastern Shipping Lines v.
POEA, GR L-76633. Oct. 18,
Overrule. A judge's decision 1988, citing 1985 Rules and
not to allow an objection. Regulations on Overseas
Also, a decision by a higher Employment]. 2.
court finding that a lower Employment of a worker
court decision was in error. outside the Philippines. [Art.
[Glossary of Legal Terms 13(h), LC].
(Pro-Se), 2004].
Overseas Filipinos. Migrant,
Overrun. An excess over the workers, other Filipino
quantity ordered. [IRR on nationals and their
Supply & Prop. Mgt., per Sec. dependents abroad. [Sec. 2,
383, LGC]. IRR, RA 8042].
Overseas absentee voter. A Overseas project. A

citizen of the Philippines who construction or consultancy
is qualified to register and project undertaken or will be
vote under RA 9189, not undertaken by a contractor
805
outside the territorial Bacalso, GR 94531-32. June

boundaries of the Republic 22, 1992].
of the Philippines, and paid
for in acceptable or freely Own damage clause. A
convertible foreign currency. clause in an automobile
[Sec. 3, PD 1167]. insurance policy which
covers the risks insured
Overt act. 1. Every act, against, namely: (a) damage
movement, deed and word or loss caused by accident or
of a person indicating intent fortuitous events; and (b)
to accomplish a criminal that caused by malicious or
objective. [Umil v. Ramos, intentional act committed by
GR 81567. July 9, 1990]. 2. third persons. [Moreno’s Law
An outward act done in Dict., 2000 Ed., p. 326].
pursuance and manifestation
of a criminal intent or Owner-manager. The owner
design. [Gregorio, Fund. of of a parcel of land devoted
Crim. Law Rev., 1997 9th Ed., to agricultural production
p. 35]. who provides the capital and
management in the farm
Overtime work. Work enterprise. [Sec. 166, RA
performed beyond eight 3844].
hours a day, provided that
the employee is paid for the Owner or lessor. 1. The
overtime work an additional owner or administrator or
compensation equivalent to agent of the owner of the
his regular wage plus at residential unit. [Sec. 2, BP
least twenty-five percent 25; Sec.4, RA 9161]. 2. The
thereof. Work performed person who holds the legal
beyond eight hours on a right of possession or title to
holiday or rest day shall be a building or real property.
paid an additional [Sec. 3, PD 1185].
compensation equivalent to
the rate for the first eight Ownership. A relation in law
hours on a holiday or rest by virtue of which a thing
day plus at least 30 percent pertaining to one person is
thereof. [Art. 87, LC]. completely subjected to his
will in everything not
Oviparous. A condition in prohibited by law or the
which the vagina which had concurrence with the rights
just delivered a baby leaves of another [Tatad v. Garcia,
the vaginal barrel loose. The GR 114222. Apr. 6, 1995,
entry of a penis will leave no citing Tolentino, II
significant trace. [People v. Commentaries & Jurisp. on

806
the Civil Code of the Phil. 45

(1992)].
Ownership and other real

rights over property, how
acquired and
transmitted. Ownership
and other real rights over
property are acquired and
transmitted by law, by
donation, by estate and
intestate succession, and in
consequence of certain
contracts, by 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].

807
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].
Packing materials. They

include leaves, straw, bark
-P- and other plant materials
used as wrapping, packing,
Pachyderm. Thick-skinned. or converting and are
[People v. Aquino, GR L- capable of harboring plant
23908. Oct. 29, 1966]. pets. [Sec. 2, PD 1433].
Pacific blockade. Intl. Law. Pact. A treaty surrounded by

An act of reprisal by which a special atmosphere of
the vessels of the offending sentiment, with an intention
state are prevented from to guaranty, such as treaties
entering or leaving its ports of friendship. [Coquia and
by the ships of the state Santiago, Intl. Law, 3rd Ed.
seeking redress. [Cruz, Intl. (1998), p. 493].
Law Reviewer, 1996 Ed., p.
126]. Pacta sunt servanda. Lat.
International agreements
Package. A bundle made up must be performed in good
for transportation; a packet; faith. A treaty engagement is
a bale; a parcel; or that in not a mere moral obligation
which anything is packed; a but creates a legally binding
box, a case, barrel, crate., obligation on the parties. A
etc., in which goods are state which has contracted
packed: a container. [Caltex valid international
(Phil.) Inc. v. Manila Port obligations is bound to make
Service, GR L-21055. Aug. in its legislations such
31, 1966, citing Webster's modifications as may be
New Intl. Dict., 2nd Ed., p, necessary to ensure the
1750]. fulfillment of the obligations
undertaken. [Tañada v.
Package or packaging. 1. Angara, GR 118295. May 2,
Any container or wrapping in
808
1997]. Compare with Rebus v. Octaviano, GR L-55350.

sic stantibus. Mar. 28, 1983].
Pacto. Sp. A consideration Pactum commissorium.

which induces one to Elements: (a) That there
commit a crime. [Aquino, should be a pledge or
RPC, 1976 Ed., Vol. 1, p. 431, mortgage wherein a
citing People v. Indanan, 24 property is pledged or
Phil. 203, 207 (1913) and mortgaged by way of
People v. Asaad, 55 Phil. 697 security for the payment of
(1931)]. Compare with the principal obligation; and
Precepto. (b) that there should be a
stipulation for an automatic
Pacto commissorio. Sp. A appropriation by the creditor
provision for the automatic of the thing pledged or
appropriation of the pledged mortgaged in the event of
or mortgaged property by non-payment of the principal
the creditor in payment of obligation within the
the loan upon its maturity. stipulated period. [Uy Tong
The prohibition against a v. CA, GR 77465. May 21,
pacto commissorio is 1988].
intended to protect the
obligor, pledgor, or Pactum contrahendi. Intl.
mortgagor against being Law. An agreement by a
overreached by his creditor State to conclude a later and
who holds a pledge or final agreement. [Coquia and
mortgage over property Santiago, Intl. Law, 3rd Ed.
whose value is much more (1998), p. 494].
than the debt. [Yau Chu v.
CA, GR 78519. Sep. 26, Pactum reservati dominii.
1989]. Also Contractual
reservation of title. 1. The
Pacto de retro. Sp. A sale stipulation in a contract that
with right of repurchase ownership in the thing shall
within a certain period of not pass to the purchaser
time. [Torres, Oblig. & Cont., until he has fully paid the
2000 Ed., p. 353]. price. [Art. 1478, CC]. 2. The
reservation by the seller
Pactum commissorium. A under the terms of a
stipulation for automatic contract of sale of specific
vesting of title over the goods of his right of
security in the creditor in possession or ownership in
case of the debtor's default. the goods until certain
[Fernandez Vda. de Zulueta conditions have been
fulfilled. The right of
809
possession or ownership hearings on the merits in

may be thus reserved criminal cases with detention
notwithstanding the delivery prisoners assigned to the
of the goods to the buyer or other branch, as well as in
to a carrier or other bailee other kinds of cases, subject
for the purpose of to the conformity of the
transmission to the buyer. parties. [SC Circ. 7, Sep. 23,
[Art. 1503, CC]. 3. A 1974].
stipulation common in sales
on installment where the Pakyao. Tag. A labor contract
ownership of the property whereby a worker is paid by
may still be with the seller results. It is akin to a
until full payment of the contract for a piece of work
price is made. [Jovellanos v. whereby the contractor
Ca, GR 100728. June 18, binds himself to execute a
1992; Art. 1478, CC]. piece of work for the
employer, in consideration of
PAGCOR. Philippine a certain price or
Amusements and Gaming consideration. The
Corporation. contractor may either
employ his labor or skill, or
Paid-up capital stock. That also furnish the material.
portion of the subscribed or [Dingcong v. Guingona, Jr.,
outstanding capital stock GR L-76044. June 28, 1988].
that is actually paid. [De
Leon, Corp. Code of the Phil. Pakyaw system. As
Annotated, 1989 Ed., p. 53]. generally practiced in our
country, a labor contract
Pairing system. A system between employers and
established under Circular employees, between
No. 7 dated Sep. 23, 1974 of capitalists and laborers.
the Supreme Court whereby [Sunripe Coconut Products
every branch of the Regional Co. v. Court of Industrial
Trial Court shall be Relations, 83 Phil. 518, 523].
considered as paired with
another branch. In the event Palataw. Tag. Axe. [Angelo v.
of vacancy in any branch, or CA, GR 88392. June 26,
of the absence or disability 1992].
of the judge thereof, all
incidental or interlocutory Palawan. The Philippine
matters pertaining to it may province composed of
be acted upon by the judge islands and islets located
of the other branch paired 7º47' and 12º22' north
with it. The latter may latitude and 117º00' and
likewise conduct trials or 119º51' east longitude,
810
generally bounded by the skin. It affects predominantly

South China Sea to the patients over forty-five (45)
northwest and by the Sulu years of age. Predisposing
Sea to the east. [Sec. 3, RA factors are age, sex, genetic
7611]. influence and presence of
diabetes mellitus. [Navalta v.
Palengke. Tag. Also GSIS, GR L-46684. Apr. 27,
Common open markets. 1988].
Markets with dry and wet
sections, foodstalls, fruit and Pandectists. From Lat.
vegetable sections, etc., pandect: all receiving.
where the retailers or Scholars who attempted to
market stall operators are prepare a pandect, or
lessees who pay fixed rents complete and
for the use of market space. comprehensive treatise or
[Cruz v. CA, GR L-44178. digest of the law. [Intl. Law
Aug. 21, 1987]. Dict. & Direct., 2004].
Paltik. Tag. Home-made gun. Pangkat ng

[People v. Morados, GR Tagapagkasundo. A
46973. Nov. 19, 1940]. conciliation panel
constituted for each dispute
Palusong. Tag. Also brought before the Lupong
Bayanihan. The Filipino Tagapamayapa consisting of
practice of exchange of labor three (3) members who are
system. Also commonly chosen by the parties to the
known as "amuyo" or dispute from the list of
"tagnawa" in the Ilocos members of the Lupon. [Art.
regions and "salibot" or 197, IRR of RA 7160].
"ayon-ayon" in the Western
Visayas. [De Guzman v. Panic. Legal Med. Acute and
Santos, GR L-16568. Nov. extreme anxiety with
30, 1962]. accompanying physiologic
symptoms. [Olarte, Legal
Panamax vessel. Vessel or Med., 1st Ed. (2004), p. 126].
ship of about 60,000 to
70,000 dead weight tons Panic-buying. The abnormal
capacity. [Sec. 1.2, IRR, EO phenomenon where
354 dated 5 July 1996]. consumers buy basic
necessities and prime
Pancreatic carcinoma. A commodities grossly in
malignant new growth of the excess of their normal
said organ, characterized by requirement resulting in
loss of weight, pain and undue shortages of such
yellowish discoloration of the goods to the prejudice of
811
less privileged consumers.

[Sec. 3, RA 7581]. Paralegal. 1. A person who is
not a lawyer or is not acting
Panning. Recovering gold by in that capacity but who
the use of open round provides a limited number of
wooden or metal containers legal services. [Duhaime's
disphan-like in appearance Legal Dict., 2004]. 2. Also,
by skillful manipulation with Legal assistant. A person
hands. [Sec. 12, PD 1150]. with legal skills who works
under the supervision of a
Paper caps. Minute amount lawyer. [Glossary of Legal
of black powder spread in Terms (Pro-Se), 2004].
either small strips of paper
on a small sheet used for Paramour. One who loves or
children's toy guns. [Sec. 2, is loved illicitly; one taking
RA 7183]. the place without the legal
rights of a husband or wife;
Par. Equal. [De Leon, Corp. mistress — called also lover.
Code of the Phil. Annotated, [Fernandez v. Lantin, GR L-
1989 Ed., p. 63]. 44759. Dec. 17, 1976, citing
Webster's 3rd New Intl. Dict.,
Paraffin test. 1. A test to 1971 ed., p. 1638].
reveal whether the person
tested has within recent Paraphernal property. 1.
hours fired a gun. [Moreno’s that which the wife brings to
Law Dict., 2000 Ed., p. 331]. the marriage without
2. A test to determine the including it in the dowry, and
presence of nitrates or that which she later acquires
gunpowder residues. [People without adding it thereto.
v. Saulog, GR 48850. Jan. 31, the wife retains the
1944]. Also Nitrate test. ownership over such
property; the husband
Paragraphs. The division of cannot exercise any action
the allegations in the body of of any sort with respect to
a pleading into paragraphs such property without the
so numbered as to be readily intervention or consent of
identified, each of which his wife, who has the
shall contain a statement of management of said
a single set of circumstances property, unless she has
so far as that can be done made it over to him before a
with convenience. A notary in order that he may
paragraph may be referred administer it, in which case
to by its number in all the husband is bound to give
succeeding pleadings. [Sec. a mortgage for the value of
2(a), Rule 7, RoC]. the personal property
812
received by him, or to give displayed on at least one (1)

security therefor in the of its sides. [Sec. 2, RA
manner provided for in 7354].
dowered estate. The
husband's personal Pardon. Crim. Law. 1. An act
obligations shall not be of grace proceeding from the
collected from the income of power entrusted with the
the paraphernal property, execution of the laws, which
unless it be proved that the exempts the individual on
have been for the benefit of whom it is bestowed from
the family. [Arts. 135 to 141, the punishment the law
CC]. 2. The real and personal inflicts for a crime he has
property of any married committed. It is a voluntary
woman which she may have act of the sovereign,
at the time of marriage, or granting outright remission
which she may thereafter of guilt and declaring of
acquire, which shall not be record that a particular
subject to the disposal of her individual is to be relieved of
husband, nor be liable for his the legal consequences of a
debts, but shall continue to particular crime. [Llamas v.
be her sole and separate Orbos, GR 99031. Oct. 15,
property as if she were a 1991]. 2. An act of grace
femme sole. [Ossorio v. from governing power which
Posadas, GR 31088. Dec. 3, mitigates punishment and
1929, citing 13 RCL, 1147, restores rights and privileges
Sec. 170]. forfeited on account of the
offense. [Glossary of Legal
Paraphilia. Unusual sexual Terms (Pro-Se), 2004].
activity in which children are
the preferred sexual object. Pardon. Succ. The act of the
[Harvey v. Defensor- testator who, having
Santiago, GR L-82544. June subsequently known the
28, 1988, citing Webster's 3rd cause of unworthiness of the
New Intl. Dict., 1971 Ed., p. heir, should condone them in
1665]. writing. [Claridades, A.,
Parcel. A rectangular box, the 2006].
dimension and weight of
which is as specified by the Pardoning power of the
Corporation or the President. The power
Government containing of the President to grant,
goods or some form of except in cases of
transportable property impeachment, or as
intended for delivery to an otherwise provided in the
addressee prominently Constitution, reprieves,
813
commutations and pardons, v. Monte de Piedad, 35 Phil.

and remit fines and 728, 747; 31 Words &
forfeitures, after conviction Phrases Judicially Defined,
by final judgment, and to Per. Ed., pp. 99-100].
grant amnesty with the
concurrence of a majority of Parental and filial
all the Members of the privilege. The privilege of a
Congress. [Sec. 19, Art. VII, person against being
1987 Const.]. compelled to testify against
his parents, other direct
Parens patriae. Lat. Parent ascendants, children or other
of the country. 1. Role of direct descendants. [Sec. 25,
State as sovereign and rule 130, RoC].
guardian of persons under
legal disability. [Black’s Law Parental authority. Also
Dict., Abr. 5th Ed. (1983), p. known in Roman law as
579]. 2. The right of the Patria potestas. 1. The
courts to make unfettered authority and responsibility
decisions concerning people of the parents in caring for
who are not able to take and rearing their
care of themselves. For unemancipated children for
example, court can make civic consciousness and
custody decisions regarding efficiency and the
a child or an insane person, development of their moral,
even without statute law to mental and physical
allow them to do so, based character and well-being.
on their residual, common [Art. 209, FC]. 2. The mass of
law-based parens patriae rights and obligations which
jurisdiction. [Duhaime's parents have in relation to
Legal Dict., 2004]. the person and property of
their children, until their
Parens patriae (father of majority age or
his country) doctrine. The emancipation, and even
doctrine refers to the after this under certain
inherent power and authority circumstances. [2 Manresa
of the state to provide 8, cited in p. 657, Comments
protection of the person and & Jurisp. on the Civil Code,
property of a person non sui Tolentino, Vol. I, 1983 ed].
juris. Under that doctrine,
the state has the sovereign Parental leave of a solo
power of guardianship over parent. Leave benefits
persons under disability. granted to a solo parent to
Thus, the state is considered enable him/her to perform
the parens patriae of minors. parental duties and
[67 CJS 624; Govt. of the P. I. responsibilities where
814
physical presence is child, including

required. [Sec. 3, RA 8972]. grandparents, or as against
an agency or institution.
Parental liability principle. [Luna v. IAC, GR L-68374.
A species of what is June 18, 1985, citing pp. 207
frequently designated as & 208, Vol. 67A CJS].
vicarious liability, or the
doctrine of "imputed Parental responsibility.
negligence" under Anglo- With respect to their minor
American tort law, where a children, the rights and
person is not only liable for duties of the parents as
torts committed by himself, defined in Art. 220 of EO
but also for torts committed 209, as amended, otherwise
by others with whom he has known as the Family Code of
a certain relationship and for the Philippines [Sec. 3, RA
whom he is responsible. 8972].
Thus, parental liability is
made a natural or logical Parent corporation. Also
consequence of the duties Holding corporation. A
and responsibilities of corporation which is so
parents — their parental related to another
authority — which includes corporation that it has the
the instructing, controlling power, either directly or
and disciplining of the child. indirectly, to elect the
[Tamargo v. CA, GR 85044. majority of the directors of
June 3, 1992]. such other corporation. [De
Leon, Corp. Code of the Phil.
Parental preference rule. Annotated, 1989 Ed., p. 39].
The rule that a natural Compare with Subsidiary
parent, father or mother, as corporation.
the case may be, who is of
good character and a proper Parent education. 1. The
person to have the custody various means of providing
of the child and is parents or legal guardians
reasonably able to provide information about newborn
for such child, ordinarily is screening. [Sec. 4, RA 9288].
entitled to the custody as 2. The various formal and
against all persons. alternative means of
Accordingly, such parents providing parents with
are entitled to the custody of information, skills, and
their children as against support systems to assist
foster or prospective them in their roles as their
adoptive parents; and such children's primary caregivers
entitlement applies also as and educators. These
against other relatives of the include public and private
815
parent education programs things, or have the same

linked to center, home and purpose or object. [City of
media-based child care and Naga v. Agna, May 31, 1976,
education programs. [Sec. 4, 71 SCRA 176, 184].
RA 8980].
Pari materia rule. When
Pari delicto. Lat. In equal statutes are in pari materia,
fault; in a similar offense or the rule of Statutory
crime; equal in guilt or in Construction dictates that
legal fault. [Black's Laws they should be construed
Dict., 5th Ed., 1004]. together. This is because all
enactments of the same
Pari delicto non oritur legislature on the same
actio. Lat. Where two subject matter are supposed
persons are equally at fault to form part of one uniform
neither party may be system; that later statutes
entitled to relief under the are supplementary or
law. [Egao v. CA, GR 79787. complimentary to the earlier
June 29, 1989]. enactments and in the
passage of its acts the
Parietal bone. A membrane legislature is supposed to
bone of the roof of the skull. have in mind the existing
[Moreno’s Law Dict., 2000 legislation on the same
Ed., p. 333]. subject and to have enacted
its new act with reference
Parietal region. One or two thereto. [City of Naga v.
bones between the occipetal Agna, May 31, 1976, 71
(back) and frontal bones of SCRA 176, 184].
the skull. [Moreno’s Law
Dict., 2000 Ed., p. 333]. Par in parem non habet
imperium. Lat. 1. An equal
Parieto temporal region. A has no power over an equal.
region that is not found in [Jusmag v. NLRC, GR
the forehead but between 108813. Dec. 15, 1994]. 2.
the temple on the side of the All states are sovereign
skull and back part of the equals and cannot assert
head. [Moreno’s Law Dict., jurisdiction over one
2000 Ed., p. 333]. another. [USA v. Guinto, GR
76607. Feb. 26, 1990].
Pari materia. Lat. Upon the
same subject. Statutes are Pari passu. Lat. Equitably
said to be in pari materia and without preference. This
when they relate to the term is often used in
same person or thing, or to bankruptcy proceedings
the same class of persons or where creditors are said to
816
be pari passu which means Parkinson's disease or

that they are all equal and Parkinsonism. Scientifically
that distribution of the known as Paralysis
assets will occur without agitans. A core syndrome of
preference between them. the late middle life,
[Duhaime's Legal Dict., occurring in most cases
2004]. between the ages of 50 and
60, observed in all countries,
Parish. A portion or ethnic groups, socio-
subdivision of a diocese economic classes and in
committed to the spiritual both sexes, resulting from an
jurisdiction or care of a excessive loss of melanin
priest or minister, called pigment and a degeneration
rector or pastor. In the of neurones in the substantia
Protestant Episcopal Church, nigra, characterized by
it is a territorial division involuntary tremulous
usually following civil motion, with lessened
bounds, as those of a town. muscular power in parts of
In the Roman Catholic the body which are not in
Church, it is usually action and even when
territorial, but whenever supported, an expressionless
there are different rites and face, poverty and slowness
languages, the boundaries of voluntary movement,
and jurisdiction are stooped posture, rigidity and
determined by rite or festinating gait, the senses
language. [Roman Catholic and intellect being
Apostolic Administrator of uninjured. [Yosores v. ECC,
Davao, Inc. v. Land GR 97346. Mar. 23, 1992]
Registration Commission, GR
L-8451. Dec. 20, 1957]. Park or playground. That
portion of the subdivision
Parking fee. The fee which is generally not built
collected from public utility on and intended for passive
vehicles when they stop on or active recreation. [Sec. 3,
any portion of the existing BP 220].
parking area for the purpose
of loading or unloading Parliamentary immunities.
passengers or cargoes, no Pol. Law. The immunities
fee being charged for mere granted to the members of
passage. [City of Ozamis v. the Congress under Art. VI,
Lumapas, GR L-30727. July Sec. 11 of the 1987
15, 1975]. Compare with Constitution which provides:
Toll fee. "A Senator or Member of the
House of Representatives
shall, in all offenses
817
punishable by not more than to heed certain conditions

six years imprisonment, be (usually set by a parole
privileged from arrest while board) and under the
the Congress is in session. supervision of a parole
No member shall be officer. Any violation of those
questioned nor be held liable conditions would result in
in any other place for any the return of the person to
speech or debate in the prison. [Duhaime's Legal
Congress or in any Dict., 2004]. 3. Supervised
committee thereof." [Mapa release of a prisoner from
v. Sandiganbayan, GR imprisonment on certain
100295. Apr. 26, 1994]. prescribed conditions which
entitle him to termination of
Parliamentary privilege of his sentence. [Glossary of
speech. Pol. Law. The Legal Terms (Pro-Se), 2004].
immunity granted to the
members of the Congress Parol evidence. Rem. Law. 1.
under Art. VI, Sec. 11 of the That oral evidence
1987 Constitution from being presented during the trial of
questioned or from being a case with the intention of
held liable in any other place altering and/or changing the
for any speech or debate in terms of a written contract.
the Congress or in any [Torres, Oblig. & Cont., 2000
committee thereof. Ed., p. 353]. 2. Oral or verbal
[Claridades, A., Compilation evidence; evidence given by
of Notes, 2001-2006]. See word of mouth in court.
Parliamentary [Glossary of Legal Terms
immunities. (Pro-Se), 2004].
Par of change. See Legal Parol evidence rule. Rem.

exchange rate. Law. 1. The rule of evidence
that when the terms of an
Parole. 1. It consists in the agreement have been
suspension of the sentence reduced to writing, it is to be
of a convict after serving the considered as containing all
minimum of the sentence the terms agreed upon and
imposed without granting a there can be, between the
pardon, prescribing the parties and their successors-
terms upon which the in-interest, no evidence of
sentence shall be such terms other than the
suspended. [Gregorio, Fund. contents of the written
of Crim. Law Rev., 1997 9th agreement. [Sec. 9, Rule
Ed., p. 322]. 2. An early 130, RoC]. 2. Under the rule,
release from incarceration in when the terms of an
which the prisoner promises agreement have been
818
reduced into writing, it is Malabago, GR 115686. Dec.

considered as containing all 2, 1996, citing Reyes, The
the terms agreed upon, and Rev. Penal Code, Vol. 2, p.
there can be, between the 414 (1993)].
parties and their successors-
in-interest, no evidence of Partial compensation. This
such terms other than the takes place when the two
contents of the written obligations are of different
agreement. However, a amounts and a balance
party may present evidence remains unextinguished
to modify, explain or add to after the compensation.
the terms of the written [Torres, Oblig. & Cont., 2000
agreement if he puts in issue Ed., p. 141]. Compare with
in his pleading, the failure of Total compensation.
the written agreement to
express the true intent of Partial default, effect of.
the parties thereto. [Mactan- When a pleading asserting a
Cebu Intl. Airport Authority claim states a common
v. CA, GR 121506. Oct. 30, cause of action against
1996; Sec. 9, Rule 130, RoC]. several defending parties,
some of whom answer and
Parricide. Crim. Law. 1. The the others fail to do so, the
felony committed by any court shall try the case
person who shall kill his against all upon the answers
father, mother, or child, thus filed and render
whether legitimate or judgment upon the evidence
illegitimate, or any of his presented. (Sec. 3(c), Rule 9,
ascendants, or descendants, RoC].
or his spouse. [Art. 246,
RPC]. 2. Killing one's father Partial disability.
or another a family member Diminished capacity for
or close relative. [Duhaime's securing employment due to
Legal Dict., 2004]. disfigurement produced by
an injury, can be considered
Parricide. Crim. Law. as partial disability. [Sec. 22,
Elements: (a) A person is RA 772].
killed; (b) the deceased is
killed by the accused; (c) the Partiality. 1. Synonymous
deceased is the father, with "bias.” [Fonacier v.
mother, or child, whether Sandiganbayan, GR L-50691.
legitimate or illegitimate, or Dec. 5, 1994, citing 31
a legitimate other ascendant Words and Phrases 212]. 2.
or other descendant, or the A disposition to see and
legitimate spouse of the report matters as they are
accused. [People v. wished for rather than as
819
they are. [Ibid., citing Phil. National Government, in

Law Dict., Moreno, 3rd Ed., p. providing the values and
103]. ideas from which strategic
development and
Partial succession. Intl. Law. environmental protection
Part of a territory is action can come about. [Sec.
transferred from one state to 3, RA 7611].
another. [Intl. Law Dict. &
Direct., 2004]. Particular average. Mar. Ins.
1. A loss happening to the
Particeps criminis. Lat. 1. ship, freight, or cargo which
Criminal partner. [People v. is not shared by contributing
Pamon, GR 102005. Jan. 25, among all those interested,
1993]. 2. One who assists but must be borne by the
another in any manner in owner of the subject to
carrying out a fraudulent which it occurs. [Amer.
purpose. [Haw Pia v. China Home Assurance v. CA, GR
Banking Corp., GR L-554. 94149. May 5, 1992, citing
Apr. 9, 1948, citing Alberger Black's Law Dict., Rev. 4th
v. White, 23 SW 92, 96]. Ed., p. 172]. 2. A loss to a
ship or its cargo which is not
Participante en el delito. to be shared in by
Sp. Participant in the felony. contributions from all those
See Particeps criminis. interested, but is to be borne
by the owner of the injured
Participating preferred thing. [Intl. Law Dict. &
shares. Corp. Law. Those Direct., 2004]. Compare with
that entitle the holders to General average.
participate with holders of
common shares in the Particular lien. A right to
surplus profits after the retain the property of
amount of the stipulated another on account of labor
dividends has been paid to employed or money
holders of preferred shares expended on that specific
and holders of common property. [Moreno’s Law
shares. [Diaz, Bus. Law Rev., Dict., 2000 Ed., p. 334].
1991 Ed., p. 249]. Compare
with Non-participating Particular partnership. A
preferred shares. partnership which has for its
object determinate things,
Participatory processes. their use or fruits, or specific
The involvement of all the undertaking, or the exercise
key sectors of development, of a profession or vocation.
from the grassroots to the [Art. 1783, CC]. Compare
policy-making bodies of the
820
with Universal manage a business and who

partnership. are each liable to the full
extent of their personal
Partisan political activity. assets for its debts. An
See Election campaign. association of two or more
persons who co-own and
Partition. 1. The separation, manage a business for profit
division and assignment of a and who are each liable to
thing held in common the full extent of their
among those to whom it may personal assets for its debts.
belong. The thing itself may [Intl. Law Dict. & Direct.,
be divided, or its value. [Art. 2004]. Also Joint venture.
1079, CC]. 2. A division
between two or more Partnership by estoppel. A
persons of real or personal situation where one
property which they own as represents himself to be a
copartners, joint tenants or partner in an existing
tenants in common, effected partnership without the
by the setting apart of such objection of the partners
interests so that they may despite the fact that he is
enjoy and possess it in not truly a partner. If
severalty. [Villamor v. CA, someone is misled, there
GR L-41508. June 27, 1988, can be liability on the part of
citing La. Bickham v. Pitts, the partnership because
171 So. 80, 185, La. 930]. there is partnership by
estoppel. [Albano, Civil Law
Partners. Two or more Reviewer, Rev. Ed., p. 414].
persons who carry on a
business together and are Part performance. The
each fully liable for all the receipt by one of the parties
debts of the enterprise but of a certain sum of deposit
they also share the profits from the other to give the
exclusively. [Duhaime's latter the opportunity in the
Legal Dict., 2004]. purchase of the thing object
of the contract. [Claridades,
Partnership. 1. A contract A., Compilation of Notes,
whereby two or more 2001-2006].
persons bind themselves to
contribute money, property, Part-time position. A set of
or industry to a common duties and responsibilities
fund, with the intention of not requiring performance
dividing the profits among for the total number of
themselves. [Art. 1767, CC]. prescribed working hours per
2. A company of two or week, specified as normal
persons who co-own and for the organization in which
821
the position is located. [Sec. plaintiff but to the

3, PD 985]. defendant, and the suit may
be dismissed if neither of
Partus sequitur ventrem. them is a real party-in-
Lat. The principle that the interest. [Travel Wide
offspring belongs to the Associated Sales (Phils.), Inc.
owner of the female. [Jurado, v. CA, GR 77356. July 15,
Civil Law Reviewer, 19th Ed. 1991].
(1999), p. 289, citing Art.
441, CC]. Party-list system. A
mechanism of proportional
Party. 1. A political party or a representation in the
sectoral party or coalition of election of representatives
parties. [Sec. 3, RA 7941]. 2. to the House of
A person or agency named Representatives from
or admitted as a party, or national, regional and
properly seeking and sectoral parties or
entitled as of right to be organizations or coalitions
admitted as a party, in any thereof registered with the
agency proceeding; but Commission on Elections
nothing herein shall be (COMELEC). Component
construed to prevent an parties or organizations of a
agency from admitting any coalition may participate
person or agency as a party independently provided the
for limited purposes. [Sec. 2, coalition of which they form
Chap. 1, Book VII, EO 292]. part does not participate in
3. A person, business, or the party-list system. [Sec.
government agency actively 3, RA 7941].
involved in the prosecution
of defense of a legal Party-List System Act. RA
proceeding. [Glossary of 7941 entitled “An Act
Legal Terms (Pro-Se), 2004]. providing for the election of
party-list representatives
Party adversely affected. through the party-list
Admin. Law. The person or system, and appropriating
the respondent employee funds therefor” enacted on
against whom the Mar. 3, 1995.
administrative disciplinary
case is filed. [UP v. CSC, GR Party wall. A wall used jointly
108740. Dec. 1, 1993]. by two parties under
easement agreement,
Party-in-interest. One who erected upon a line
prosecutes or defends and is separating two parcels of
benefited or injured. The land each of which is a
term applies not only to the
822
separate real estate. [Sec. 3, Passenger. Any fare paying

BP 220]. person being transported
and conveyed in and by a
Par value. Face value or motor vehicle for
value equal to the face of transportation of passengers
the stocks or bonds. [De for compensation, including
Leon, Corp. Code of the Phil. persons expressly authorized
Annotated, 1989 Ed., p. 63]. by law or by the vehicle's
operator or his agents to ride
Par value shares. Corp. Law. without fare. [Sec. 373(b),
1. Shares issued with a IC].
specific money value fixed in
the articles of incorporation Passion and obfuscation.
and appearing in the Such powerful excitement as
certificate of stock. Its to overcome reason and self-
primary purpose is to fix the control thereby diminishing
minimum subscription or the exercise of will power.
issue price of the shares, [US v. Salandanan, 1 Phil.
thus assuring creditors that 465 (1902)].
the corporation would
receive a minimum amount Passion and obfuscation.
for its stock. [De Leon, Corp. Requisites: (a) There should
Code of the Phil. Annotated, be an act both unlawful and
1989 Ed., p. 60]. 2. Shares sufficient to produce such
issued by a company which condition of mind; and (b)
have a minimum price. said act which produced the
[Duhaime's Legal Dict., obfuscation was not far
2004]. Compare with No par removed from the
value shares. commission of the crime by
a considerable length of
Passbook. A record of time, during which the
savings account opened with perpetrator might recover
any bank, issued by the his moral equanimity.
latter and should be [People v. Takbobo, GR
presented to it in making 102984. June 30, 1993].
deposits or withdrawals.
Each transaction is entered Passive personality
in the passbook such that at principle. Intl. Law.
the end of each entry, the Doctrine that a court has
outstanding balance of a criminal jurisdiction if the
particular deposit account victim is a national of the
appears therein. [Moreno’s forum state. [Intl. Law Dict.
Law Dict., 2000 Ed., pp. 335- & Direct., 2004].
336].

823
Passive solidarity. A kind of

solidarity where there are Pasuray-suray. Tag. In a
several debtors and only one zigzag manner. [People v.
creditor [Diaz, Bus. Law Siscar, GR L-55649. Dec. 3,
Rev., 1991 Ed., p. 24] and 1985].
where the solidary debtors
share equally in the Patay-gutom. Tag. A
obligation. [Corpus v. Paje, derogatory remark
GR L-26737. July 31, 1969, connoting abject poverty.
citing Art. 1208, Civil Code]. [Gonzales v. Arcilla, GR
Compare with Active 27923. Nov. 18, 1991].
solidarity.
Patent. 1. An exclusive
Passive subject. The person privilege granted to an
from whom the prestation inventor to make, use or sale
(duty) is demandable, an invention for a set
otherwise known as the number of years. Normally,
debtor or obligor. [Torres, no one company can retain a
Oblig. & Cont., 2000 Ed., p. monopoly over a product or
25]. Compare with Active service because this is
subject. considered to be
economically harmful to
Passive subjective society. But as a financial
novation. A novation, under incentive to potential
Art. 1293, Civil Code, which inventors, the state grants a
consists in the substitution temporary monopoly to that
of a debtor and which may inventor through the
be in the form of issuance of a patent.
expromission (where the [Duhaime's Legal Dict.,
initiative comes from a third 2004]. 2. A grant to an
person) or delegacion inventor of the right to
(where the initiative comes exclude others for a limited
from the debtor. [Moreno’s time from make, using, or
Law Dict., 2000 Ed., p. 336]. selling his invention in the
(Philippines). [Glossary of
Passport. 1. An official Legal Terms (Pro-Se), 2004].
document of identity and
nationality issued to a Patentable inventions. Any
person intending to travel or technical solution of a
sojourn in foreign countries problem in any field of
[Phil. Legal Encyc., 1986 Ed., human activity which is new,
p. 699]. 2. A warrant of involves an inventive step
protection and authority to and is industrially capable.
travel between nations. [Intl. [Kho v. CA, GR 115758, Mar.
Law Dict. & Direct., 2000]. 19-2002].
824
Patikim. Tag. This is a typical

Patent ambiguity. See and laudable provinciano
Extrinsic ambiguity. trait of sharing, a native way
of expressing gratitude for
Paternity. The civil status of favor received. [Caballes v.
a father in relation to the DAR, GR L-78214. Dec. 5,
children begotten by him. In 1988].
its generic sense, it is also
used to designate the civil Patria potestas. A Roman
status of a mother in relation law concept of the sum total
to the children begotten by of the rights of parents over
her. [Jurado, Civil Law the person and property of
Reviewer, 19th Ed. (1999), p. their children. [Moreno’s Law
196]. Compare with Dict., 2000 Ed., p. 336].
Filiation.
Patrimonial property.
Pathologist. A duly Property over which the
registered physician who is State has the same rights,
specially trained in methods and of which it may dispose,
of laboratory medicine, of to the same extent as
the gross and microscopic private individuals in relation
study and interpretation of to their own property,
tissues, secretions and subject only to the
excretions of the human administrative laws and
body and its functions in regulations on the procedure
order to diagnose disease, of exercising such rights.
follows its course, determine They exist for the State for
the effectivity of treatment, attaining its economic ends,
ascertain cause of death and as a means for its
advance medicine by means subsistence, and the
of research. [Sec. 2, RA preservation of its natural
5527]. organism. [Tolentino, Civil
Pathwalk or footpath. A Repr. 2001, p. 37, citing 3
public way intended for Manressa 95-96].
pedestrian and which cuts
across a block to provide Patrimonial sea or
access to adjacent streets or economic zone. Intl. Law.
property with maximum That expanse of sea
length of 100 meters if extending two hundred
connecting to roads and 50 nautical miles from the coast
meters if terminating in a or baselines of the state over
dead end. [Sec. 3, BP 220]. which it asserts exclusive
jurisdiction and ownership
over all living and non-living
825
resources found therein. security for loans and shall

[Cruz, Intl. Law Reviewer, be synonymous, and may be
1996 Ed., p. 75]. used interchangeably, with
pawnbroker or
Patrimony. In its plain and pawnbrokerage. [Sec. 3, PD
ordinary meaning, the term 114].
pertains to heritage. [Manila
Prince Hotel v. GSIS, GR Pawnshop Regulation Act.
122156. Feb. 3, 1997, citing PD 114 signed into law on
Webster's 3rd New Intl. Dict., Jan. 29, 1973.
1986 Ed., p. 1656]. See
National patrimony. Pawn ticket. The
pawnbrokers' receipt for a
Pauper. A person so poor that pawn. It is neither a security
he must be supported at nor a printed evidence of
public expense; also a suitor indebtedness. [Sec. 3, PD
who, on account of poverty, 114].
is allowed to sue or defend
without being chargeable Pay. n. Compensation; wages;
with costs. [Enaje v. Ramos, salary; commission; fees. v.
GR L-22109. Jan. 30, 1970, to discharge a debt by
citing Black's Law Dict., p. tender of payment due; to
629]. Compare with deliver to a creditor the
Indigent. value of a debt, either in
money or goods, for his
Pauper litigant. An indigent acceptance. [Black’s Law
suitor at law. [Moreno’s Law Dict., Abr. 5th Ed. (1983),
Dict., 2000 Ed., p. 336]. 587].
Pawn. The personal property Payable on demand. An

delivered by the pawner to instrument which: (a) is
the pawnee as security for a expressed to be payable on
loan. [Sec. 3, PD 114]. demand, or at sight, or on
presentation; or (b)
Pawnee. The pawnshop or expresses no time for
pawnbroker. [Sec. 3, PD payment. [Sec. 7, NIL].
114].
Payable to bearer. The
Pawner. The borrower from a instrument is payable to
pawnshop. [Sec. 3, PD 114]. bearer: (a) when it is
expressed to be so payable;
Pawnshop. A person or entity or (b) when it is payable to a
engaged in the business of person named therein or
lending money on personal bearer; or (c) when it is
property delivered as payable to the order of a
826
fictitious or non-existing person who receives or to

person, and such fact was whom support or
known to the person making maintenance is owed. In
it so payable; or (d) when commercial law, the term
the name of the payee does refers to the person to whom
not purport to be the name a bill of exchange is made
of any person; or (e) when payable. On a regular check,
the only or last indorsement the space preceded with the
is an indorsement in blank. words “Pay to the order of”
[Sec. 9, NIL]. identifies the payee.
Payable to order. The 2004]. See Maker.
instrument drawn payable to
the order of a specified Paying bank. The bank on
person or to him or his order. which the drafts are to be
It may be drawn payable to drawn. [Bank of America v.
the order of (a) a payee who CA, GR 105395. Dec. 10,
is not maker, drawer, or 1993].
drawee; or (b) the drawer or
maker; or (c) the drawee; or Payment. It means not only
(d) two or more payees the delivery of money but
jointly; or (e) one or some of also the performance, in any
several payees; or (f) the other manner, of an
holder of an office for the obligation. [Art. 1232, CC]. It
time being. [Sec. 8, NIL]. is synonymous with
performance. [Diaz, Bus.
Payao. A fish aggregating Law Rev., 1991 Ed., p. 35].
device consisting of a
floating raft anchored by a Payment by cession. A
weighted line with special form of payment
suspended materials such as whereby the debtor assigns
palm fronds to attract or abandons all his
pelagic and schooling properties for the benefit of
species common in deep his creditors in order that the
waters. [Sec. 4, RA 8550]. latter may sell the same and
apply the proceeds thereof
Payee. 1. The party to whom to the satisfaction of their
the promise is made or the credits. [Diaz, Bus. Law Rev.,
instrument is payable; the 1991 Ed., p. 43, citing Art.
party in whose favor the bill 1255, CC].
is drawn or is payable. 2.
The person to whom Payment by cession.
payment is addressed or Requisites: (a) There must
given. In family law, the be two or more creditors; (b)
term usually refers to the the debtor must be at least
827
partially if not totally

insolvent; (c) the cession Payor. The person who is
must be accepted by the making the payment(s). In
creditors. [Diaz, Bus. Law the context of family law,
Rev., 1991 Ed., p. 43-44]. the word would typically
refer to the person to a
Payment for honor. Nego. support or maintenance
Inst. Payment made by a debtor. In commercial law,
person, whether a party to a the word refers to the person
bill or not, after it has been who makes the payment on
protected for non-payment, a check or bill of exchange.
for the benefit of any party [Duhaime's Legal Dict.,
liable thereon or for the 2004].
benefit of the person for
whose account it was drawn. Payroll period. A period for
[Claridades, A., Compilation which payment of wages is
of Notes, 2001-2006]. ordinarily made to the
employee by his employer.
Payment in due course. [Sec. 78, NIRC, as amended].
Nego. Inst. Payment made at
or after the maturity of the Payroll reinstatement. A
payment to the holder form of reinstatement which
thereof in good faith and an employer may opt to
without notice that his title is exercise in lieu of an actual
defective. [Art. 88, Art. reinstatement. Here, the
2031]. illegally dismissed employee
is to receive his basic pay
Payment, special forms of. without the obligation of
The special forms of rendering any service to the
payment under the Civil employer. This occurs when
Code are: (a) dation in a Labor Arbiter decides that
payment; (b) application of an employee was illegally
payments; (c) payment by dismissed and as a
cession; and (d) tender of consequence awards
payment and consignation. reinstatement, pursuant to
[Diaz, Bus. Law Rev., 1991 Art. 279 of the Labor Code.
Ed., p. 39]. [Labitag, Answers to 2005
Bar Exams Questions, UP
Payment stopped. A Law Complex].
banking phrase indicating
that the check was not paid PDEA. The Philippine Drug
because there was a stop Enforcement Agency created
payment order from the under Sec. 82, Art. IX of RA
drawer thereof. [Moreno’s 9165. [Sec 3, RA 9165].
Law Dict., 2000 Ed., p. 337].
828
Peace. The state of quiet or Customs, GR 13669. Oct. 25,

tranquility; freedom from 1918].
disturbance. [Moreno’s Law
Dict., 2000 Ed., p. 337]. Pedestrian lane. The area
designed by law for
Pearl farm lease. Public pedestrians to cross a street.
waters leased for the [Moreno’s Law Dict., 2000
purpose of producing Ed., pp. 337-338].
cultured pearls. [Sec. 4, RA
8550]. Pedigree. Lineage, descent,
and succession of families;
Peccata minuta. Minute line of ancestors from which
errors, as in a testimony. a person descends;
[Moreno’s Law Dict., 2000 genealogy. An account or
Ed., p. 337]. Harmless register of a line of
oversight. [Peroxide Phils. ancestors. Family
Corp. v. CA, GR 92813. July relationship. [Black’s Law
31, 1991]. Dict., Abr. 5th Ed. (1983),
589].
Pecuniary. Monetary;
relating to money; financial; Pedophile. A person afflicted
consisting of money or that with Pedophilia, a sexual
which can be valued in perversion in which children
money. [Black’s Law Dict., are preferred as sexual
Abr. 5th Ed. (1983), 589]. partner. [Duhaime's Legal
Dict., 2004].
Peddler. 1. Any person who,
either for himself or on Pedophilia. Legal Med. 1. A
commission, travels from psycho-sexual perversion
place to place and sells his involving children. [Harvey v.
goods or offers to sell and Defensor-Santiago, GR L-
deliver the same. [Sec. 131, 82544. June 28, 1988, citing
RA 7160]. 2. A person who Kraft-Ebbing Psychopatia
travels about the country Sexualis, p. 555]. 2. A sexual
with merchandise for the perversion wherein a person
purpose of selling it; he is an has the compulsive desire to
itinerant trader who carries have coitus with a child of
goods about in order to sell either sex. [Olarte, Legal
them. He is an itinerant Med., 1st Ed. (2004), p. 113].
individual, ordinarily without
local habitation or place of Penal clause in an
business, who travels about obligation. 1. An accessory
the country carrying undertaking to assume
commodities for sale. [Ram greater liability in case of
Singh v. Insular Collector of breach of the obligation
829
[Diaz, Bus. Law Rev., 1991 their provisions. [Rilloraza v.

Ed., p. 31]. 2. An accessory Arciaga, GR L-23848. Oct.
obligation which the parties 31, 1967, citing 31 Words &
attach to a principal Phrases, Perm. Ed., p. 589].
obligation for the purpose of
insuring the performance Penalty. It signifies pain. In
thereof by imposing on the its juridical sphere, it means
debtor a special prestation the suffering undergone,
(generally consisting in the because of the action of
payment of a sum of money) society, by one who commits
in case the obligation is not a crime. [Gregorio, Fund. of
fulfilled or is irregularly or Crim. Law Rev., 1997 9th Ed.,
inadequately fulfilled. p. 199].
[Country Bankers Ins. Corp.
v. CA, GR 85161. Sep. 9, Penalty charges. Such
1991 citing, Caguioa, amount, in addition to
Comments and Cases on interest, imposed on the
Civil Law, Vol. IV, 1st Ed., pp. credit card holder for non-
199-200]. payment of an account
within a prescribed period.
Penal clause in an [Sec. 3, RA 8484].
obligation. Kinds: (a)
subsidiary penal clause Pena perpetua. Sp.
where only the penalty can Perpetual penalties. [People
be imposed; and (b) joint v. Reyes, GR 101127-31.
penal clause where both the Aug. 7, 1992, citing Art. 70,
principal obligation and the RPC].
penal clause can be
enforced. [Diaz, Bus. Law Pendente lite. Lat. During
Rev., 1991 Ed., p. 31] litigation. For example, if the
validity of a will is
Penal Code. See Revised challenged, a court might
Penal Code, The. appoint an administrator
pendente lite with limited
Penal law. Punishment powers to do such things as
imposed and enforced by the may be necessary to
state for a crime or offense preserve the assets of the
against its law. [People v. deceased until a hearing can
Moran, GR 17905. Jan. 27, be convened on the validity
1923]. of the will. Another example
is an injunction pendente
Penal statutes. Those laws lite, to last only during the
by which punishments are litigation and, again,
imposed for some violation designed simply to preserve
or transgression of some of something until the decisive
830
court order is issued. Dela Rama Steamship, Co.

[Duhaime's Legal Dict., GR L-5377. Dec. 29, 1954,
2004]. citing Words & Phrases,
Permanent Ed., p. 675].
Pending petition. In the
Securities and Exchange Pensioner. 1. An SSS or GSIS
Commission, an ongoing member who receives
adjudication and full-blown pensions therefrom. [Sec. 1,
hearing on the merits of the RA 9241]. 2. Any person who
corporation’s claim for receives old-age or disability
suspension of payments. pension whether in lump
[Moreno’s Law Dict., 2000 sum or otherwise [Sec. 2, PD
Ed., p. 339]. 1146].
Penology. 1. The science of People. 1. Pol. Law. A body

prison management and politic; the qualified voters
rehabilitation of criminals. granted the right to vote by
[Black’s Law Dict., Abr. 5th the existing Constitution and
Ed. (1983), p. 590]. The who therefore are "the sole
various means of fighting organs through which the
crimes as regards penalties will of the body politic can be
and other measures of expressed.” [Javellana v.
security. [Gregorio, Fund. of Exec. Sec., GR L-36142. Mar.
Crim. Law Rev., 1997 9th Ed., 31, 1973, citing In re Opinion
p. 15]. of Justices, 115 NE Rep. 922-
923]. 2. Intl. Law. The
Pension. 1. To a public inhabitants of a state. They
servant, it is not a gratuity are regarded as a single unit
but rather a form of deferred and must come from both
compensation for services sexes as to be able to
performed and his right to it perpetuate themselves.
commences to vest upon his [Cruz, Intl. Law Reviewer,
entry into the retirement 1996 Ed., p. 36].
system and becomes an
enforceable obligation in People power revolution.
court upon fulfillment of all The February 1986
conditions under which it is revolution, a relatively
to be paid. [Profeta v. Drilon, peaceful one, where the
GR 104139. Dec. 22, 1992]. Filipino people tore
2. It is a gratuity only when it themselves away from an
is granted for services existing regime. This
previously rendered, and revolution also saw the
which at the time they were unprecedented rise to power
rendered gave rise to no of the Aquino government.
legal obligation. [Pirovano v.
831
[In Re: Puno, AM 90-11- 45996. Mar. 26, 1979, citing

2697-CA. June 29, 1992]. Atty.’s Dict. of Med., Schmidt
].
People’s initiative. Const.
Law. The power of the Per capita. Lat. By the heads
people to propose or polls; according to the
amendments to the number of individuals; share
Constitution, or to propose and share alike. [Black’s Law
and enact legislations Dict., Abr. 5th Ed. (1983),
through an election called 591]. Compare with Per
for the purpose. [Suarez, Pol. stirpes.
Law Reviewer, 1st Ed., 2002,
p. 16]. Per curiam. Lat. By the court.
An opinion which expresses
People's organization (PO). the decision in the case but
1. A bonafide association of which does not identify the
citizens with demonstrated judge who wrote it. [Intl. Law
capacity to promote the Dict. & Direct., 2004].
public interest and with
identifiable leadership, Per curiam decision. An
membership and structure. opinion of the Court as a
Its members belong to a whole, there being no
sector/s who voluntarily ponente although any
band themselves together to member of the Court may be
work for and by themselves assigned to write the draft.
for their own upliftment, [Prudential Bank v. Castro,
development and greater AC 2756. Mar. 15, 1988].
good. [Sec. 4, RA 8550]. 2. A
self-help group belonging to Per curiam opinion. An
the basic sectors and/or unsigned opinion of the
disadvantaged groups court. [Glossary of Legal
composed of members Terms (Pro-Se), 2004].
having a common bond of
interest who voluntarily join Per diem. A daily allowance
together to achieve a lawful given for each day an officer
common social or economic or employee was away from
end. [Sec. 3, RA 8425]. his home base. [Lexal
Laboratories v. National
Peptic ulcer. A stomach Chemical Industries Workers
ulcer, an ulcer of the Union, GR L-24632. Oct. 26,
duodenum (the first part of 1968].
the small intestine), or an
ulcer in the lower part of the Perfection of an appeal.
esophagus (gullet). Labor. The filing within the
[Landicho v. WCC, GR L- prescribed period, of the
832
memorandum of appeal 383, LGC]. 2. A bond

containing, among others, designed to afford the
the assignment of error/s, project owner security that
the argument in support the bidder, now the
thereof, the reliefs sought contractor, will faithfully
and posting of the appeal comply with the
bond. [Sec. 1, Rule 1, Book requirements of the contract
5, IRR of LC]. awarded to the contractor
and make good damages
Perfection (of the sustained by the project
contract). (That stage owner in case of the
which) takes place upon the contractor's failure to so
concurrence of the essential perform. [Eastern Assurance
elements (of the contract). & Surety Corp. v. IAC, GR
[Ang Yu v. CA, GR 109125. 69450. Nov. 22, 1989].
Dec. 2, 1994]. Compare with Compare with Proposal
Negotiation and bond.
Consummation.
Performance budget.
Perform. The word applies to Budget which estimates
one who plays a musical target revenues and
composition on a piano, expenses for a given budget
thereby producing in the air period. [Sec. 27, PD 625].
sound waves which are
heard as music, and if the Performance for profit.
instrument he plays on is a Within the Copyright Law,
piano plus a broadcasting the playing of music in dine
apparatus, so that waves are and dance establishment
thrown out, not only upon which was paid for by the
the air, but upon the other, public in purchases of food
then also he is performing and drink. [Fil. Soc. of
the musical composition. [Fil. Composers, Authors And
Soc. of Composers, Authors Publishers, Inc. v. Tan, GR L-
And Publishers, Inc. v. Tan, 36402. Mar. 16, 1987, citing
GR L-36402. Mar. 16, 1987, Buck v. Russon, No. 4489 25
citing Buck v. Russon, No. F. Supp. 317].
4489 25 F. Supp. 317].
Performance of duties. The
Performance bond. 1. A legal exercise of the
bond in cash, certified or functions of the person or his
cashier's check, or surety, agent in authority. [Moreno’s
required of winning bidders Law Dict., 2000 Ed., p. 340].
to guarantee performance of
an order or contract. [IRR on Performance of illegal
Supply & Prop. Mgt., per Sec. marriage ceremony. Crim.
833
Law. The felony committed days in which something is

by priests or ministers of any completed. A time of definite
religious denomination or length; the period from one
sect, or civil authorities who fixed date to another fixed
shall perform or authorize date. [Capiral v. Manila
any illegal marriage Electric Co., 119 Phil. 124
ceremony. [Art. 352, RPC]. (1963), cited in Moreno, Phil.
Law Dict., 3rd Ed.].
Performers. Actors, singers,
musicians, dancers, and Period. Kinds: (a) suspensive
other persons who act, sing, period (ex die) where the
declaim, play in, interpret, or obligation begins only from a
otherwise perform literary day certain upon the arrival
and artistic work. [Sec. 202, of the period; (b) resolutory
RA 8293]. period (in diem) in which the
obligation takes effect at
Perils of the seas. Also once but terminates upon
Perils of navigation. 1. All the arrival of the period; (c)
kinds of marine casualties, legal period which is fixed by
such as shipwreck, law; (d) conventional or
foundering, stranding, voluntary period which is
collision and every specie of agreed upon by the parties;
damage done to the ship or and (e) judicial period which
goods at sea by the violent is fixed by the courts. [Diaz,
action of the winds or waves. Bus. Law Rev., 1991 Ed., p.
They do not embrace all 16].
loses happening on the sea.
[Choa Tiek Seng v. CA, GR Periodical. A publication
84507. March 15, 1990]. 2. which appears regularly but
Extraordinary happenings of less often than daily.
the seas, including [Glossary of Legal Terms
stranding, sinking, collision (Pro-Se), 2004].
of the vessel, damage due to
unusually heavy weather. Periodic payment of plan
[Tiopianco, Commentaries & certificate. (a) Any
Jurisp. on the Ins. Code of certificate, investment
the Phil., 1999 Ed., p. 109]. contract, or other security
providing for a series of
Period. Length of existence; periodic payments by the
duration. A point of time holders, and representing an
marking a termination as of undivided interest in certain
a cause or an activity; an specified securities or in a
end, a limit, a bound; unit or fund of securities
conclusion; termination. A purchased wholly or partly
series of years, months or with the proceeds of such
834
payments, and (b) any false statement under oath.

security the issuer of which [Glossary of Legal Terms
is also issuing securities of (Pro-Se), 2004]. 3. An
the character described in intentional lie given while
clause (a) and the holder of under oath or in a sworn
which has substantially the affidavit. [Duhaime's Legal
same rights and privileges Dict., 2004].
as those which holders of
securities of the character Perjury. Elements: (a)
described in said clause Statement in the affidavit
have upon completing the upon material matter made
periodic payments for which under oath; (b) The affiant
such securities provide. [Sec. swears to the truthfulness of
3, RA 2629]. the statements is his
affidavit before a competent
Peripheral neuritis. A officer authorized to
syndrome of sensory motor, administer oath; (c) There is
reflect and basomotor reflex a willful and deliberate
symptoms produced by assertion of falsehood; and
lesion of nerve root on (d) Sworn statement
peripheral nerves. [Galanida containing the falsity is
v. ECC, GR L-70660. Sep. 24, required by law. [People v.
1987]. Bautista (C.A., 40 OG 2491)].
Perishable goods. Those Permanent forest or forest

which decay and lose their reserves. Those lands of
value if not speedily put to the public domain which
their intended use. have been the subject of the
[Moreno’s Law Dict., 2000 present system of
Ed., p. 340]. classification and
determined to be needed for
Peritonitis. Massive forest purposes. [Sec. 3, PD
infection, in the abdominal 705].
cavity. [People v. Ritter, GR
88582. Mar. 5, 1991]. Permanent injunction. A
court order requiring that
Perjury. 1. The willful and some action be taken, or
corrupt assertion of that some party refrain from
falsehood under oath or taking action. It differs from
affirmation administered by forms of temporary relief,
authority of law on a such as a temporary
material matter. [Gregorio, restraining order or
Fund. of Crim. Law Rev., preliminary injunction.
1997 9th Ed., p. 479]. 2. The [Glossary of Legal Terms
criminal offense of making a (Pro-Se), 2004].
835
Permanent partial Permanent total disability.

disability. 1. It accrues or 1. Disablement of an
arises when the loss employee to earn wages in
reduction of earning capacity the same kind of work, or
amounts to less than work of a similar nature that
seventy-five percent or when she was trained for or
the aggregate loss or accustomed to perform, or
reduction of earning capacity any kind of work which a
resulting from more than person of her mentality and
one injury and/or disease- attainment could do. [Tolosa
amounts to less than one v. ECC, GR 60509, May 8,
hundred percent, as a result 1985, 136 SCRA 335, 340
of an irrecoverable citing Landicho v. WCC;
anatomical loss. [Sec. 2, PD Marcelino v. 7-Up, GR L-
1146]. 2. A disability is 30443, Oct. 31, 1972, 47
partial permanent if as a SCRA 343]. 2. Inability to do
result of the injury or substantially all material
sickness the employee acts necessary to
suffers a permanent partial prosecution of an occupation
loss of the use of any part of for remuneration or profit in
his body. [Abaya v. ECC, GR substantially customary and
64255. Aug. 16, 1989, citing usual manner. [Phil. Law
Sec. 2, Rule VII, Amended Dict., 3rd Ed. (1988) citing
Rules on Employees' Salonga v. GSIS, 57 OG
Compensation]. 5722]. 3. The lack of ability
to follow continuously some
Permanent Protection substantially gainful
Order or PPO. Protection occupation without serious
order issued by the court discomfort or pain and
after notice and hearing. without material injury or
[Sec. 16, RA 9262]. Compare danger to life. [Medina v.
with Temporary ECC, GR 62406, Mar. 22,
Protection Order. 1984, 128 SCRA 349, 356].
Compare with Temporary
Permanent statute. A total disability.
statute whose operation is
not limited to a particular Permissive counterclaim. A
period of time but which counterclaim which does not
continues in force until it is arise out of nor is necessarily
duly altered or repealed. connected with the subject
E.g.: Labor Code. [Suarez, matter of the opposing
Stat. Con., (1993), p. 95]. party's claim. It is not barred
Compare with Temporary even if not set up in the
statute. action. [Lopez v. Gloria, 40
836
Phil. 26]. Compare with void. [Duhaime's Legal Dict.,

Compulsory counterclaim. 2004].
Permissive joinder of Perpetuity. Forever; of

parties. The act of joining unlimited duration. There is
as plaintiffs or being joined a strong bias in the law
as defendants in one against things that are to
complaint all persons in last in perpetuity. Rights that
whom or against whom any are to last forever are said to
right to relief in respect to or hinder commerce as an
arising out of the same impediment to the
transaction or series of circulation of property. That
transactions is alleged to is why there is a rule against
exist, whether jointly, perpetuities. [Duhaime's
severally, or in the Legal Dict., 2004].
alternative, where any
question of law or fact Person. 1. Any entity, natural
common to all such plaintiffs or juridical, including among
or to all such defendants others, a corporation,
may arise in the action. [Sec. partnership, trust or estate,
6, Rule 3, RoC]. joint stock company,
association, syndicate, joint
Permit. Not a contract, by its venture or other
nature, but a special unincorporated organization
privilege. [Moreno’s Law or group capable of
Dict., 2000 Ed., p. 341]. acquiring rights or entering
into obligations. [Sec 3, RA
Permittee. The holder of an 9165]. 2. Every natural or
exploration permit. [Sec. 3, juridical being, susceptible of
RA 7942]. rights and obligations or of
being the subject of legal
Perpetuities, rule against. relations. [Sec. 131, RA
A common law rule that 7160]. 3. An individual,
prevents suspending the partnership, association,
transfer of property for more corporation or any other
then 21 years or a lifetime combination of individuals.
plus 21 years. For example, [Sec. 3, BP 39]. 4. An
if a will proposes the transfer individual, trustee, receiver,
of an estate to some future or other fiduciary,
date, which is uncertain, for partnership, corporation,
either more than 21 years business trust or other
after the death of the association, and two more
testator or for the life of a persons having a joint or
person identified in the will common interest. [Sec. 3, PD
and 21 years, the transfer is 115].
837
benefits accrue to the

Personal action. An action individual person. These are
brought for the recovery of categorized into inpatient
personal property, of the and outpatient services.
enforcement of some [Sec. 1, RA 9241].
contract or recovery of
damages for the commission Personal holding company
of an injury the person or income. The portion of the
property. [Hernandez v. DBP, gross income which consists,
GR L-31095. June 18, 1976]. inter alia, of dividends,
Compare with Real action. without any qualification at
all as to the term dividends,
Personal canvass. A mode i.e., all dividends earned by
of procurement allowed as the company whether or not
an exception to public such dividends have already
bidding whereby designated been subject to the 10%
canvassers request price final tax. [Moreno’s Law
quotations from at least Dict., 2000 Ed., p. 342].
three (3) responsible
suppliers in the locality. [IRR Personality to sue, lack of.
on Supply & Prop. Mgt., per It refers to the fact that the
Sec. 383, LGC]. plaintiff is not the real party
in interest. [Columbia
Personal cultivation. Pictures v. CA, GR 110318.
Cultivation by the lessee or Aug. 28, 1996]. Compare
lessor in person and/or with with Capacity to sue, lack
the aid of labor from within of.
his immediate household.
[Sec. 166, RA 3844]. Personal jurisdiction. Pol.
Law. The power of
Personal easement. A jurisdiction of the state over
restrictive covenant, its nationals, which may be
annotated on the title, exercised by the state even
against erecting any building if the individual is outside
within a specified distance the territory of the state.
from a given line, and [Suarez, Pol. Law Reviewer,
constituting a limitation on 1st Ed., 2002, p. 34].
ownership, imposed by the
party transmitting property Personal liability. Corp. Law.
by contract or imposed by Personal liability of a
the owner itself. [Moreno’s corporate director, trustee or
Law Dict., 2000 Ed., p. 342]. officer along (although not
necessarily) with the
Personal health services. corporation may so validly
Health Services in which attach, as a rule, only when
838
— (a) he assents (1) to a Personal recognizance. In

patently unlawful act of the criminal proceedings, the
corporation, or (2) for bad pretrial release of a
faith, or (3) for conflict of defendant without bail upon
interest, resulting in his promise to return to
damages to the corporation, court. [Glossary of Legal
its stockholders or other Terms (Pro-Se), 2004]. See
persons; (b) he consents to also Recognizance.
the issuance of watered
stocks or who, having Personal representative.
knowledge thereof, does not The person who administers
forthwith file with the an estate. If named in a will,
corporate secretary his that person's title is an
written objection thereto; (c) executor. If there is no valid
he agrees to hold himself will, that person's title is an
personally and solidarily administrator. [Glossary of
liable with the corporation; Legal Terms (Pro-Se), 2004].
or (d) he is made, by a
specific provision of law, to Personal service of
personally answer for his pleadings and other
corporate action. [Tramat papers. Service of papers
Mercantile, Inc. v. CA, GR made by delivering
111008. Nov. 7, 1994]. personally a copy thereof to
the party or his counsel, or
Personal novation. Also by leaving it in his office with
Subjective novation. The his clerk or with a person
extinguishment of an having charge thereof. If no
obligation by a subsequent person is found in his office,
one which terminates it, or his office is not known, or
either by substituting a new he has no office, then by
debtor in place of the old leaving the copy, between
one, or by subrogating a the hours of eight in the
third person to the rights of morning and six in the
the creditor. [Caned v. CA, evening, at the party's or
GR 81322. Feb. 5, 1990]. counsel's residence, if
Compare with Real known, with a person of
novation or Objective sufficient age and discretion
Novation. then residing therein. [Sec.
6, Rule 13, RoC].
Personal property. Anything
a person owns other than Personal service of
real estate. [Glossary of summons. Handing a copy
Legal Terms (Pro-Se), 2004]. of the summons to the
defendant in person,
whenever practicable, or, if
839
he refuses to receive and jurisdiction, whether as an

sign for it, by tendering it to individual or as a member of
him. [Sec. 6, Rule 14, RoC]. some court or governmental
corporation, board or
Personal servitude. A commission. 2. Any person
servitude constituted not in directly vested with
favor of a particular jurisdiction, whether as an
tenement (a real servitude) individual or as a member of
but rather, for the benefit of some court or governmental
the general public. In a corporation, board, or
personal servitude, there is commission. A barrio captain
therefore no owner of a and a barangay chairman
dominant tenement to speak shall also be deemed a
of, and the easement person in authority. In
pertains to persons without a applying the provisions of
dominant estate, in this Art. 148 and 151 of the Rev.
case, the public at large. Penal Code, teachers,
[Solid Manila Corp. v. Bio professors and persons
Hong Trading, GR 90596. charged with the supervision
Apr. 8, 1991]. of public or duly recognized
private schools, colleges and
Personal tax. Tax of fixed universities, and lawyers in
amount upon all persons of a the actual performance of
certain class within the their professional duties or
jurisdiction without regard to on the occasion of such
property, occupation or performance, shall be
business in which they may deemed persons in
be engaged. [Claridades, A., authority. [Art. 152, RPC, as
Compilation of Notes, 2001- amended by PD 299 and BP
2006]. 873].
Personal union. Intl. Law. It Person liable for tax. A

comes into being when two person subject to tax and
or more states are brought properly considered a
together under the same taxpayer. [Comm. of Int.
monarch, who nevertheless Rev. v. Procter & Gamble
does not constitute one Phil. Manufacturing Corp.,
international person for the GR 66838. Dec. 2, 1991].
purpose of representing all
of them. [Cruz, Intl. Law Personnel action. The
Reviewer, 1996 Ed., p. 14]. movement of personnel in
Compare with Real union. the civil service and includes
appointment through
Person in authority. 1. Any certification, promotion,
person directly vested with transfer, reinstatement, re-
840
employment, detail, indirectly, that he/she is

reassignment, demotion, infected with HIV. [Sec. 4, RA
and separation. [Cruz v. CA, 8496].
GR 119155. Jan. 30, 1996].
Per stirpes. Lat. By roots or
Personnel officer. The stocks; by representation.
highest Administrative [Black’s Law Dict., Abr. 5th
Officer/Human Resource Ed. (1983), 5971]. Compare
Management Officer in the with Per capita.
unit, section or department
and/or agency or any person Pesada. A receipt issued by
acting in such capacity as copra dealer for the
authorized by the head of purchase of coconut and
office. [CSC Circ. 43-91]. copra. [Moreno’s Law Dict.,
2000 Ed., p. 343].
Personnel or staff of illegal
numbers game operation. Pesticide. Any substance or
Any person, who acts in the product, or mixture thereof,
interest of the maintainer, including active ingredients,
manager or operator, such adjuvants, and pesticide
as, but not limited to, an formulations, intended to
accountant, cashier, control, prevent, destroy,
checker, guard, runner, table repel or mitigate directly or
manager, usher, watcher, or indirectly, any pest. The
any other personnel term shall be understood to
performing such similar include insecticide,
functions in a building fungicide, bactericide,
structure, vessel, vehicle, or nematocide, herbicide,
any other place where an molluscicide, avicide,
illegal numbers game is rodenticide, plant regulator,
operated or conducted. [Sec. defoliant, desciccant and the
2, RA 9287]. like. [Sec. 3, PD 1144].
Persons primarily liable on Pest infested. A tree

instrument. Nego. Inst. The severely damaged by rhino
person who, by the terms of beetle, spike month,
the instrument, is absolutely caterpillar and other
required to pay the same. All destructive insects and
other parties are animals. [Sec. 3, PCA Admin.
"secondarily" liable. [Sec. Order 1-95].
192, NIL].
Petition. 1. Rem. Law. The
Person with HIV. An formal, written document
individual whose HIV test submitted to a court, and
indicates, directly or which asks for the court to
841
redress what is described in Petroleum. 1. The naturally

the petition as being an occurring mixture of
injustice of some kind. compounds of hydrogen and
Petitions set out the facts, carbon with a small
identifies the law under proportion of impurities and
which the court is being shall include any mineral oil,
asked to intervene, and ends petroleum gas, hydrogen
with a suggested course of gas, bitumen, asphalt,
action for the court to mineral wax, and all other
consider (e.g., payment of similar or naturally-
damages to the plaintiff). associated substances, with
[Duhaime's Legal Dict., the exception of coal, peat,
2004]. 2. Elec. Laws. The bituminous shale and/or
written instrument other stratified mineral fuel
containing the proposition deposits. [Sec. 4, RA 8479].
and the required number of 2. Any mineral oil
signatories. It shall be in a hydrocarbon gas, bitumen,
form to be determined by asphalt, mineral gas and all
and submitted to the other similar or naturally
Commission on Elections. associated substances with
[Sec. 3, RA 6735]. the exception of coal, peat,
bituminous shale and/or
Petitioner. The person filing other stratified mineral fuel
an action in a court of deposits. [Sec. 3, PD 87].
original jurisdiction. Also, the
person who appeals the Petroleum Act of 1949. RA
judgment of a lower court. 387, as amended, entitled
[Glossary of Legal Terms “An Act to promote the
(Pro-Se), 2004]. See exploration, development,
Respondent. exploitation, and utilization
of the petroleum resources
Petition for relief from of the Philippines; to
judgment. Rem. Law. A encourage the conservation
special remedy in which of such petroleum resources;
equity and justice justify the to authorize the Sec. Of
grant to give the petitioner a Agriculture And Natural
last chance to defend his Resources to create an
right or protect his interest. Administration Unit and a
It is available only after a Technical Board in the
decision or judgment from Bureau of Mines; to
which relief is sought has appropriate funds therefor;
became final and executory. and for other purposes”
[Garcia v. CA, GR 96141. enacted on June 18, 1949.
Oct. 2, 1991].

842
Petroleum in commercial refinery such as, but not

quantity. Petroleum in such limited to: LPG, naphtha,
quantities which will permit gasolines, solvent,
its being economically kerosenes, aviation fuels,
developed as determined by diesel oils, fuel oils, waxes
the contractor after taking and petrolatums, asphalt,
into consideration the bitumens, coke and refinery
location of the reserves, the sludges, or such refinery
depths and number of wells petroleum fractions which
required to be drilled and have not undergone any
the transport and terminal process or treatment as to
facilities needed to exploit produce separate
the reserves which have chemically-defined
been discovered. [Sec. 3, PD compounds in a pure or
87]. commercially pure state and
to which various substances
Petroleum operations. may have been added to
Searching for and obtaining render them suitable for
petroleum within the particular uses: Provided,
Philippines through drilling That the resultant product
and pressure or suction or contains not less than fifty
the like, and all other percent (50%) by weight of
operations incidental such petroleum products.
thereto. It includes the [Sec. 4, RA 8479].
transportation, storage,
handling and sale (whether Pettifogger. A petty or
for export or for domestic underhanded lawyer or an
consumption) of petroleum attorney who sustains a
so obtained but does not professional livelihood on
include any: (a) disreputable or dishonorable
transportation of petroleum business. The word has also
outside the Philippines; (b) taken on an common usage
processing or refining at a definition referring to
refinery; or (c) any anyone prone to quibbling
transactions in the products over details. [Duhaime's
so refined. [Sec. 3, PD 87]. Legal Dict., 2004].
Petroleum products. Petty offense. A minor crime

Products formed in the and for which the
course of refining crude punishment is usually just a
petroleum through small fine or short term of
distillation, cracking, solvent imprisonment. [Duhaime's
refining and chemical Legal Dict., 2004].
treatment coming out as
primary stocks from the
843
Pharmaceutical laboratory. service in any office or drug

See Drug laboratory. and cosmetic establishment
where scientific,
Pharmaceuticals, technological or professional
proprietary medicines or knowledge of pharmacy is
pharmaceutical applied; or engage in
specialties. Any drug, teaching scientific,
preparation or mixture of technological or professional
drugs marked under a trade pharmacy subject in a
name and intended for the college of pharmacy; or
cure, mitigation or conduct or undertake
prevention of disease in man scientific pharmaceutical
or animals. [Sec. 42, RA research for biological and
5921]. bacteriological testings and
examinations. [Sec. 23, RA
Pharmacy or drug store. A 5921].
place or establishment
where drugs, chemical Philippine AIDS Prevention
products, active principles of and Control Act of 1998.
drugs, pharmaceuticals, RA 8504 entitled “An act
proprietary medicines or promulgating policies and
pharmaceutical specialties, prescribing measures for the
devices, and poisons are prevention and control of
sold at retail and where HIV/AIDS in the Philippines,
medical, dental and instituting a nationwide
veterinary prescriptions are HIV/AIDS information and
compounded and dispensed. educational program,
[Sec. 42, RA 5921]. establishing a
comprehensive HIV/AIDS
Pharmacy, practice of. A monitoring system,
person shall be deemed to strengthening the Philippine
be practicing pharmacy who National AIDS Council, and
shall, for fee, salary, for other purposes” enacted
percentage or other reward on Feb. 13, 1998.
paid or given directly to
himself or indirectly through Philippine Amusements
another, prepare or and Gaming Corporation
manufacture, analyze, (PAGCOR). A government
assay, preserve, store, corporation created by virtue
distribute or sell any of PD 1067-A dated Jan. 1,
medicine, drug, chemicals, 1977 and granted a
cosmetics, pharmaceuticals, franchise under PD 1067-B
devices or contrivances used also dated Jan. 1, 1977 "to
in pursuance thereof; or establish, operate and
render pharmaceutical maintain gambling casinos
844
on land or water within the entitled “An Act providing for

territorial jurisdiction of the the development,
Philippines.” [Basco v. management and
PAGCOR, GR 91649. May 14, conservation of the fisheries
1991]. and aquatic resources,
integrating all laws pertinent
Philippine Carabao Act of thereto, and for other
1992. RA 7307 entitled “An purposes” enacted on Feb.
Act creating the Philippine 25, 1998.
Carabao Center to propagate
and promote the Philippine Philippine flag vessel. A
carabao and for other vessel or watercraft
purposes” enacted on Mar. registered under Philippine
27, 1992. laws. [Sec. 3, PD 474].
Philippine corporation. A Philippine highway. Any

corporation organized under road, street, passage,
Philippine laws at least sixty highway and bridges or any
per cent of the capital of part thereof, or railway or
which is owned and held by railroad within the
citizens of the Philippines. Philippines, used by persons
[Sec. 3, PD 87]. or vehicles, or locomotives
or trains for the movement
Philippine energy plan or circulation of persons or
(PEP). The overall energy transportation of goods,
program formulated and articles or property or both.
updated yearly by the DOE [Sec. 2, PD 532].
for submission to Congress
pursuant to RA 7638. [Sec. Philippine languages. The
4, RA 9136]. indigenous languages of the
Philippines, including the
Philippine Environment national language and the
Code. PD 1152 signed into regional and local
law on June 6, 1977. languages. [Sec. 3, RA
7104].
Philippine Extradition Law.
PD 1069 entitled Philippine Librarianship
“Prescribing the procedure Act. RA 6966 entitled “An
for the extradition of persons Act regulating the practice of
who have committed crimes librarianship and prescribing
in a foreign country” signed the qualifications of
into law on Jan. 13, 1977. librarians” enacted on Sep.
19, 1990.
Philippine Fisheries Code
of 1998, The. RA 8550
845
Philippine Medical Care corporation and its non-

Commission. The Philippine Filipino stockholders own
Medical Care Commission stock in an enterprise, at
created under RA 6111, as least sixty percent of the
amended. [Sec. 1, RA 9241]. members of the governing
board of both corporations
Philippine Midwifery Act of must be Philippine nationals.
1992. RA 7392 entitled “An [Sec. 3, PD 474].
Act revising Republic Act No.
2644, as amended, Philippine national drug
otherwise known as the formulary. The essential
Philippine Midwifery Act” drugs list for the Philippines
enacted on Apr. 10, 1992. which is prepared by the
National Drug Committee of
Philippine Mining Act of the DOH in Consultation with
1995. RA 7942 entitled “An experts and specialists from
Act instituting a new system organized profession
of mineral resources medical societies, medical
exploration, development, academe and the
utilization, and pharmaceutical industry, and
conservation” enacted on which is updated every year.
Mar. 3, 1995. [Sec. 1, RA 9241].
Philippine national. A Philippine National Police

citizen of the Philippines; or Reform and
a partnership or association Reorganization Act of
wholly owned by and 1998. RA 8551 entitled “An
composed of citizens of the Act providing for the reform
Philippines; or a corporation and reorganization of the
organized under the laws of Philippine National Police
the Philippines of which at and for other purposes,
least sixty per cent of the amending certain provisions
capital stock outstanding of Republic Act Numbered
and entitled to vote is owned Sixty-Nine Hundred and
and held by Philippine Seventy-Five entitled, "An
citizens; or a trustee of funds Act establishing the
for pensions or other Philippine National Police
employee retirement or under a re-organized
separation benefits, where Department of the Interior
the trustee is a Philippine and Local Government, and
national and at least sixty for other purposes” enacted
per cent of the funds will on Feb. 25, 1998.
accrues to the benefit of the
Philippine nationals: Philippine Overseas
Provided, That where a Shipping Development
846
Act. RA 7471 entitled “An the business of overseas

Act to promote the and/or domestic water
development of Philippine transportation. [Sec. 3, PD
overseas shipping” enacted 474].
on May 5, 1992.
Philippine Sports
Philippine passport. An Commission Act, The. RA
official document of identity 6847 entitled “An Act
of Philippine citizenship of creating and establishing the
the holder issued for travel Philippine Sports
purposes. [Sec. 48, Title 1, Commission, defining its
Chap. I, EO 292]. powers, functions and
responsibilities,
Philippine Reports. Abbrev. appropriating funds therefor,
Phil. Publication of court and for other purposes”
decisions of the Supreme enacted on Jan. 24, 1990.
Court from 1901 to 1960.
[Claridades, A., Compilation Philippine Teachers
of Notes, 2001-2006]. Professionalization Act of
Philippine science high act to strengthen the
schools (PSHS). Secondary regulation and supervision of
schools offering scholarships the practice of teaching in
to deserving students who the Philippines and
shall be admitted and prescribing a licensure
trained under a curriculum examination for teachers
specially designed to and for other purposes”
prepare them for careers in enacted on Dec. 16, 1994.
Science and Technology
(S&T). [Sec. 4, RA 8496]. Philippine Tourism
Authority (PTA). The
Philippine Science High agency created under PD
School (PSHS) System Act 189 to implement the
of 1997. RA 8496 entitled policies and programs of the
“An Act to establish the Department of Tourism
Philippine Science High (DOT). [Claridades, A.,
School System and providing Compilation of Notes, 2001-
funds therefor” enacted on 2006].
Feb. 12, 1998.
Philippine Veterans
Philippines shipping Administration Office
companies. Philippine (PVAO). The agency created
nationals registered and under RA 2664 which
licensed under the laws of administers a system of
the Philippines to engage in
847
benefits for Filipino veterans [Sec. 3, PD 704; Sec. 1, PD

and their dependents. 534; Sec. 2, PD 532].
Philippine waters. 1. All Philippine waters,

bodies of water within the classification or
Philippine territory such as reclassification of. The
lakes, rivers, streams, categorization of all water
creeks, brooks, ponds, bodies taking into account,
swamps, lagoons, gulfs, bays among others, the following:
and seas and other bodies of (a) Existing quality of the
water now existing or which body of water; (b) size,
may hereafter exist in the depth, surface area covered,
provinces, cities, volume, direction, rate of
municipalities, and flow and gradient of stream;
barangays and the waters (c) most beneficial existing
around, between and and future use of said bodies
connecting the islands of the of water and lands bordering
archipelago regardless of them, such as for residential,
their breadth and agricultural, aquacultural,
dimensions, the territorial commercial, industrial,
sea, the sea beds, the navigational, recreational,
insular shelves, and all other wildlife conservation and
waters over which the aesthetic purposes; and (d)
Philippines has sovereignty vulnerability of surface and
and jurisdiction including the groundwater to
200-nautical miles Exclusive contamination from pollutive
Economic Zone and the and hazardous wastes,
continental shelf. [Sec. 4, RA agricultural chemicals and
8550]. 2. All bodies of water, underground storage tanks
such as but not limited to, of petroleum products. [Sec
seas, gulfs, bays around, 4, RA 9275].
between and connecting
each of the Islands of the Phobia. Legal Med. An
Philippine Archipelago, excessive, irrational and
irrespective of its depth, uncontrollable fear of a
breadth, length or perfectly natural situation or
dimension, and all other object. [Olarte, Legal Med.,
waters belonging to the 1st Ed. (2004), p. 150].
Philippines by historic or
legal title, including Phobic disorders. Legal
territorial sea, the sea-bed, Med. This involves
the insular shelves, and persistent, unrealistic and
other submarine areas over intense anxiety in response
which the Philippines has to specific external
sovereignty or jurisdiction.
848
situations. [Olarte, Legal when the child is

Med., 1st Ed. (2004), p. 127]. malnourished, ill clad and
without proper shelter. [Art.
Physiatrist. A legally 141, PD 603].
qualified and licensed
physician specializing in the Physical therapy. The art
practice of rehabilitation and science of treatment by
medicine. means of therapeutic
exercises, heat, cold, light,
Physical condition. The water, manual manipulation,
tangible state of the electricity, and other
property. [Memo. from the physical agents. [Sec. 2, RA
Exec. Sec. dated Aug. 20, 5680].
1998].
Physical therapy
Physical injuries. Bodily technician. A person, who
injuries. In its generic sense, not having acquired a
the term includes homicide bachelor's degree in Physical
through reckless Therapy is qualified through
imprudence. [Moreno’s Law in-service training and
Dict., 2000 Ed., p. 344]. practical experience to assist
in the application of
Physical injuries inflicted physiotherapeutic
in a tumultuous affray. procedures and to undertake
Crim. Law. The felony specific assignments as
committed when in a directed by a qualified
tumultuous affray as physical therapist in carrying
referred to in Art. 251 of the out the prescription of a
Rev. Penal Code, only licensed physician. Such
serious physical injuries are assignments shall be
inflicted upon the confined within the limits of
participants thereof and the a hospital or institution of
person responsible thereof employment. [Sec. 2, RA
cannot be identified. [Art. 5680].
252, RPC].
Physical violence. Acts that
Physical law. Universal rule include bodily or physical
of action that governs the harm. [Sec. 3, RA 9262].
conduct and movement of
things which are non-free Physician-patient privilege.
and material. [Suarez, Stat. This privilege is intended to
Con., (1993), p. 37]. facilitate and make safe full
and confidential disclosure
Physically neglected child. by the patient to the
There is physical neglect physician of all facts,
849
circumstances and Feb. 1, 1915]. 2. It is

symptoms, untrammeled by equivalent to 63 kilograms
apprehension of their and a fraction. [Aldamis v.
subsequent and enforced Leuterio, GR L-3587. Oct. 2,
disclosure and publication on 1907].
the witness stand, to the end
that the physician may form Piece of work, contract for
a correct opinion, and be a. 1. A contract whereby the
enabled safely and contractor binds himself to
efficaciously to treat his execute a piece of work for
patient. [Lim v. CA, GR the employer, in
91114. Sep. 25, 1992]. consideration of a certain
price or compensation. The
Physician’s sample. contractor may either
Medicine given free to employ only his labor or skill,
members of the medical or also furnish the material.
profession by drug [Art. 1713, CC]. 2. A contract
manufacturers. [Moreno’s for the delivery at a certain
Law Dict., 2000 Ed., p. 343]. price of an article or goods
which are to be
Picket. To object publicly, on manufactured specially for
or adjacent to the the customer and upon his
employer's premises, to an special order, and not for the
employer's labor practices, general market. [Eng’g &
goods or services. The most Machinery Corp. v. CA, GR
common form of picketing is 52267. Jan. 24, 1996, citing
patrolling with signs. Art. 1467, CC and Vitug,
[Duhaime's Legal Dict., Compendium on Civil Law
2004]. and Jurisp., 1993 ed., p.
581].
Picketing. Labor. The
marching to and fro at the Pier. Any structure built into
employer's premises, usually the sea but not parallel to
accompanied by the display the coast line and includes
of placards and other signs any stage, stair, landing
making known the facts place, landing stage, jetty,
involved in a labor dispute. floating barge or pontoon,
[Ilaw at Buklod ng and any bridge or other
Manggagawa v. NLRC, GR works connected therewith.
91980. June 27, 1991]. [Sec. 3, PD 857].
Picul. 1. The customary unit Piercing the veil of

of weight of bulk sugar for corporate entity (or
the purpose of sale. [Yu Tek fiction) doctrine. The
& Co. v. Gonzalez, GR 9935. doctrine used whenever a
850
court finds that the proximately cause the injury

corporate fiction is being or unjust loss complained of.
used to defeat public [Fletcher Cyc. Corp., p. 490;
convenience, justify wrong, Ramoso v. Gen. Credit Corp.,
protect fraud, or defend SEC AC No. 295, Oct. 6,
crime, or to confuse 1992].
legitimate issues, or that a
corporation is the mere alter Pier head line. The limiting
ego or business conduit of a line beyond which piers may
person or where the not be extended. [Sec. 3, RA
corporation is so organized 4663].
and controlled and its affairs
are so conducted as to make Pig. An animal commonly
it merely an instrumentality, known to be eating dirty
agency, conduit or adjunct of matters. Calling a man “pig”
another corporation. Also is libelous. [Moreno’s Law
known as Disregarding the Dict., 2000 Ed., p. 344].
fiction of corporate entity
or the Doctrine of Pilapil. Tag. A narrow earthen
corporate alter ego. barrier. [US v. Ramos, GR
10832. Dec. 11, 1916].
Piercing the veil of
corporate entity or Pimp (alcahuete). Sp. One
fiction. Elements: 1. who provides gratification
Control, not mere majority or for the lust of others; a
complete stock control, but procurer; a panderer. [US v.
complete domination, not Cruz, GR 13288. Sep. 25,
only of finances but of policy 1918, citing 6 Words and
and business practice in Phrases, 5379].
respect to the transaction
attacked so that the Pinagsamantalahan. Tag. 1.
corporate entity as to this Taken advantage of. [Lopez
transaction had at the time v. People, GR L-47469. Dec.
no separate mind, will or 29, 1978]. 2. Abused.
existence of its own; 2. Such [People v. Palma, GR L-
control must have been used 69152. Sep. 23, 1986].
by the defendant to commit
fraud or wrong, to Pine forest. A forest
perpetuate the violation of a composed of the Benguet
statutory or other positive Pine in the Mountain
legal duty, or dishonest and Provinces or the Mindoro
unjust act in contravention pine in Mindoro and
of plaintiff's legal rights; and Zambales provinces. [Sec. 3,
3. The aforesaid control and PD 705].
breach of duty must
851
Pioneer enterprise. A intimidation of persons or

registered enterprise (a) force upon things,
engaged in the manufacture, committed by any person,
processing, or production, including a passenger or
and not merely in the member of the complement
assembly or packaging, of of said vessel, in Philippine
goods, products, waters, shall be considered
commodities or raw as piracy. The offenders
materials that have not been shall be considered as
or are not being produced in pirates and punished as
the Philippines on a hereinafter provided. [Sec. 2,
commercial scale; or (b) PD 532]. 2. Robbery or
which uses a design, forcible depredation on the
formula, scheme, method, high seas, without lawful
process or system of authority and done animo
production or transformation furandi and in the spirit and
of any element, substance or intention of universal
raw materials into another hostility. It is a crime not
raw material or finished against any particular State
good which is new and but against all mankind. It
untried in the Philippines: may be punished in the
Provided, That the final competent tribunal of any
product involves or will country where the offender
involve substantial use and may be found or into which
processing of domestic raw he may be carried. The
materials, whenever jurisdiction of piracy unlike
available. [Sec. 3, RA 5186]. all other crime has no
territorial limits. [People v.
Pipe line concession. A Lol-lo, GR L-17958. Feb. 27,
concession which grants to 1922]. Compare with
the concessionaire the right Mutiny.
to provide and operate pipe
line systems for transporting Piso. Tag. 1. One peso;
petroleum. [Art. 10, RA 387]. Philippine currency. 2. In
illegal drug parlance, it
Piracy. 1. Any attack upon or means one hundred pesos.
seizure of any vessel, or the [People v. Tranca, GR
taking away of the whole or 110357. Aug. 17, 1994].
part thereof or its cargo,
equipment, or the personal Placement fees. The amount
belongings of its charged by a private
complement or passengers, employment agency from an
irrespective of the value applicant worker for its
thereof, by means of services in the recruitment
violence against or and placement of said
852
worker. [Sec. 1, Rule 1, IRR intent by the use of such

of LC]. words as are found in the
statute. [Globe-Mackay
Placement officer. A person Cable and Radio Corp. v.
practising the allied medical NLRC, 206 SCRA 701
profession or discipline (1992)]. 3. A statute or
specialized in psychology of treaty is to be interpreted
the handicapped and whose only from the words
responsibility is to personally contained within the statute
advise and guide the or treaty. [Intl. Law Dict. &
disabled individual to Direct., 2000]. See Verba
acceptance into a job. [Sec. legis non est
1, Rule 9, Rules on recedendum.
Employees Compensation].
Plaintiff. 1. The term may
Placer claim. That which refer to the claiming party,
does not come under the the counter-claimant, the
definition of Lode mineral cross-claimant, or the third
claim. [Sec. 18, PD 464]. (fourth, etc.) party plaintiff.
[Sec. 1, Rule 3, RoC]. 2. A
Placer deposits. Those person who brings an action;
which are in loose, the party who complains or
fragmentary or broken rocks, sues in a civil action.
boulders, floats, beds or [Glossary of Legal Terms
deposits. [Sec. 18, PD 464]. (Pro-Se), 2004]. See
Complainant.
Plain-meaning rule. Also
Verba legis. Stat. Con. 1. Plain view doctrine. The
The rule that when the warrantless search and
words of a statute are clear, seizure, as an incident to a
plain and free from suspect's lawful arrest, may
ambiguity, it must be given extend beyond the person of
its interpretation. [Fianza v. the one arrested to include
PLEB, GR 109638. Mar. 31, the premises or
1995]. 2. The valid surroundings under his
presumption that the words immediate control. Objects
employed by the legislature in the plain view of an officer
in a statute correctly express who has the right to be in
its intent or will and preclude the position to have that
the court from construing it view are subject to seizure
differently. The legislature is and may be presented as
presumed to know the evidence. [People v. Musa,
meaning of the words, to GR 96177. Jan. 27, 1993].
have used words advisedly,
and to have expressed its
853
Plan. The plan for pathogenic agent, injurious

securitization as approved or potentially injurious to
by the SEC. [Sec. 3, RA plants and/or plant products.
9267]. [Sec. 2, PD 1433].
Plantation. A tract of Plant products. Products

agricultural land planted to derived from plants, either in
trees or seedlings whether their natural state or in
fruit bearing or not, manufactured or processed
uniformly spaced or seeded form and are capable of
by broadcast methods or harboring plant pests. [Sec.
normally arranged to allow 2, PD 1433].
highest production. [Art.
243, IRR, LGC]. Plants. It shall comprise living
plants and parts thereof,
Plantation agricultural including seeds, cuttings,
enterprise. One engaged in rhizomes, bulbs and corns,
agriculture within an area of grafts, leaves, roots, scions
more than 24 hectares in a and others that are capable
locality and/or which of propagation. [Sec. 2, PD
employs at least 20 workers. 1433].
[Sec. 1, Rule 7, Book 3, IRR
of LC]. Playground. See Park.
Planter in bad faith. A Plea. The first pleading by a

planter who plants knowing criminal defendant, the
that the land does not defendant's declaration in
belong to him and he has no open court that he is guilty
right to plant thereon. or not guilty. The
[Moreno’s Law Dict., 2000 defendant's answer to the
Ed., p. 345]. charges made in the
indictment or information.
Planting rice. The phrase [Glossary of Legal Terms
merely refers to the setting (Pro-Se), 2004].
of the palay seedlings in the
ground for growth, and Plea bargaining. 1. The
uprooting the seedlings defendant’s pleading guilty
preparatory to transplanting to a lesser offenses or to
and final harrowing do not only one or some of the
constitute part of the work. counts of a multi-count
[Atayde v. De Guzman, GR L- indictment in return for a
10578. Mar. 25, 1958]. lighter sentence than that
for the graver charge.
Plant pest. Any form of plant [People v. Villarama, 210
or animal life, or any SCRA 246 (1992), citing
854
Black's Law Dict., 5th Ed., the offender spontaneously

1979, p. 1037]. 2. Process confessed his guilt; (b) that
where the accused and the the confession of guilt was
prosecutor in a criminal case made in open court, that is,
work out a satisfactory before the competent court
disposition of the case, that is to try the case; and
usually by the accused (c) that the confession of
agreeing to plead guilty to a guilt was made prior to the
lesser offense. Such presentation of evidence for
bargains are not binding on the prosecution. [People v.
the court. Also referred to as Crisostomo, 160 SCRA 47
plea negotiating. [Glossary (1988)].
2004]. Plebiscite. From Lat.
plebiscitum: decree of the
Pleadings. 1. The written common people. Const. Law.
allegations of the parties of 1. The electoral process by
their respective claims and which an initiative on the
defenses submitted to the Constitution is approved or
court for trial and judgment. rejected by the people. [Sec.
[Sec. 1, Rule 6, RoC]. 2. That 3, RA 6735]. 2. Vote by
part of a party's case in which all of the people of a
which he formally sets out state or territory express an
the facts and legal opinion for or against a
arguments which support proposal, especially a
that party's position. proposal as to the choice of
Pleadings can be in writing a government. [Intl. Law
or they can be made Dict. & Direct., 2004].
verbally to a court, during Compare with Referendum.
the trial. [Duhaime's Legal
Dict., 2004]. Pledge. A contract by virtue
of which the debtor delivers
Plea of guilty. A judicial to the creditor or to a third
confession of guilt — an person a movable or a
admission of all the material document evidencing
facts alleged in the incorporeal rights for the
information, including the purpose of securing the
aggravating circumstances. fulfillment of a principal
[People v. Ariola, 100 SCRA, obligation, with the
523]. understanding that when the
obligation is fulfilled, the
Plea of guilty. The requisites thing delivered shall be
of the mitigating returned with all its fruits
circumstance of voluntary and accessions. [De Leon,
plea of guilty are: (a) that Comments and Cases on
855
Credit Trans., 1999 Ed., p. Plurality of crimes. Also

322, citing Arts. 2094 and Concurso de delitos. This
2095, CC]. Compare with occurs when the actor
Mortgage. commits various delictual
acts of the same or different
Pleins pouvoirs. See Full kind. [Gamboa v. CA, GR L-
powers. 41054. Nov. 28, 1975, citing
The Rev. Penal Code,
Plenipotentiary. A person Aquino, Vol. I 1961 Ed., at
who has full power to do 555-56].
something. In international
law, a senior diplomatic Plurality of subjects. Succ.
officer commissioned to act It means that two or more
for his or her government. A persons must be instituted
minister plenipotentiary is as heirs, legatees or
one who by custom ranks devisees. [Jurado, Comments
immediately below an & Jurisp. on Succession,
ambassador and is of the 1991 8th Ed., p. 459].
same rank as an envoy Compare with Unity of
extraordinary. [Intl. Law Dict. object.
& Direct., 2004].
Plurality opinion. An opinion
Plot. See Lot. to which less than a majority
agree on the reasoning of
Plunder. A crime committed the decision, but to which a
by public officer who, by majority agree on the result.
himself or in connivance with [Intl. Law Dict. & Direct.,
members of his family, 2004].
relatives by affinity or
consanguinity, business PNP. Philippine National
associates, subordinates or Police. Established under RA
other persons, amasses, 6975.
accumulates or acquires ill-
gotten wealth through a PNP law. See Department
combination or series of of the Interior and Local
overt criminal acts as Government Act of 1990.
described in Sec. 1 (d) of RA
7080 in the aggregate PNR. Philippine National
amount or total value of at Railways. Created under RA
least P50,000,000.00. The 4156.
crime is punishable by
reclusion perpetua to death. PNR charter. RA 4156, as
[Sec. 2, RA 7080, as amended by RA 6366 and PD
amended]. 741. [Malong v. PNR, GR L-
49930. Aug. 7, 1985].
856
objections to pending
Poach. To kill or take an proceedings as violative of
animal or fish from the some of those rules or
property of another. demands for immediate
[Duhaime's Legal Dict., return to the aforementioned
2004]. parliamentary procedure.
[Arroyo v. De Venecia, GR
Point-blank. The term refers 127255. June 26, 1998,
merely to the aim directed citing Pareja, Parliamentary
straight toward a target and Guidelines: House of Reps.
has no reference to the 33 (1969).
distance between the gun
and the target. [People v. Point source. Any
Trinidad, GR 79123-25. Jan. identifiable source of
9, 1989, citing Webster's 3rd pollution with specific point
New Intl. Dict.]. of discharge into a particular
water body. [Sec 4, RA
Point-of-sale. Any location at 9275].
which an individual can
purchase or otherwise obtain Poison. Any drug, active
tobacco products. [Sec. 4, principle, or preparation of
RA 9211]. the same, capable of
destroying life or seriously
Point-shaving. Any such endangering health when
arrangement, combination, applied externally to the
scheme or agreement by body or introduced internally
which the skill or ability of in moderate doses. [Sec. 42,
any player or participant in a RA 5921].
game, races or sports
contests to make points or Poisonous. Any substance or
scores shall be limited materials, except medicinal
deliberately in order to drug, either liquid, solid or
influence the result thereof gaseous, which through
in favor of one or other chemical reactions kills,
team, player or participant injuries or impairs a living
therein. [Sec. 1, PD 483]. organism or person, and
shall include but not limited
Points or questions of to alkyl isothiocyanate,
order. Legislative devices ammunition (chemical, non-
used in requiring the House explosive but containing
or any of its Members to Class A, B or poison), aniline
observe its own rules and to oil, arsine, bromobenzyle
follow regular or established cyanide, bromoacetone and
parliamentary procedure. In other similar substances or
effect, they are either materials. [Sec. 5, RA 6235].
857
Panganiban, 20772-CR, Dec.

Poisonous substance. Any 6, 1979].
substance capable of
destroying life or seriously Police line-up. 1. A police
endangering health when identification procedure by
applied externally to the which the suspect to a crime
body or introduced internally is exhibited, along with
in moderate doses. [Art. 4, others, before the victim or
RA 7394]. witness to determine if he
committed the offense.
Pole. A long, comparatively [Black’s Law Dict., Abr. 5th
slender usually cylindrical Ed. (1983), 478]. 2. It is not
piece of wood or timber, as part of the custodial
typically, the stem of a small investigation where the
tree stripped of its branches; suspects had not yet been
also, by extension, a similar held then to answer for the
typically cylindrical piece or criminal offense with which
object of metal or the like. they were later charged and
An upright standard to the convicted. [People v. Timple,
top of which something is GR 100391-92. Sep. 26,
affixed or by which 1994].
something is supported; as a
dovecote set on a pole; Police of the state. In a
telegraph poles; a tent pole; comprehensive sense, the
sometimes, specifically, a term embraces its whole
vessel's mast. [Board of system of internal regulation
Assessment Appeals v. for the preservation of public
Manila Electric Co., GR L- order and prevention of
15334. Jan. 31, 1964, citing offenses against the state.
Webster's New Intl. Dict., 2nd [City Mayor v. Chief, Phil.
Ed. p. 1907]. Constabulary, GR L-20346.
Oct. 31, 1967].
Police. An organized civil
force for maintaining order, Police power. 1. The power
preventing and detecting inherent in the State to
crime, and enforcing the law. regulate liberty and property
[City Mayor v. Chief, Phil. for the promotion of the
Constabulary, GR L-20346. general welfare. 2. [Ermita-
Oct. 31, 1967]. Malate Hotel & Motel
Operators Ass. v. City Mayor,
Police blotter. A book which 20 SCRA 849]. The state
records criminal incidents authority to enact legislation
reported to the police. that may interfere with
[Moreno, Phil. Law Dict., 708, personal liberty or property
3rd Ed., citing People v. in order to promote the
858
general welfare. In its Policy. A settled or definite

exercise, the State may course or method adopted
impose appropriate and followed by a
impositions or restraints government, body, or
upon liberty or property in individual. [Ang-Angco v.
order to foster the common Castillo, GR L-17169. Nov.
good. [Edu v. Ericta, 35 30, 1963].
SCRA 481 (1970)].
Policy of insurance. The
Police power. Essential written instrument in which
elements: (a) An imposition a contract of insurance is set
of restraint upon liberty or forth. [Sec. 49, IC].
property; and (b) The power
is exercised for the benefit of Political activity. Political
the common good. [Agan v. propaganda or any other
Phil. Intl. Air Terminals Co., activity which seeks in any
GR 155001. Jan. 21, 2004]. reasonable degree to prevail
upon, indoctrinate, convert,
Police power. Requisites: induce, persuade, or in any
Police power is validly other way influence any
exercised if (a) the interests agency or official of the
of the public generally, as Philippine Government, or
distinguished from those of a any section of the public
particular class, require the within the Philippines with
interference of the State, respect to the domestic or
and (b) the means employed foreign policies of the
are reasonably necessary to Philippines, or with respect
the attainment of the object to the political or public
sought to be accomplished interests, policies, or
and not unduly oppressive relations of a foreign
upon individuals. [DECS v. government or a foreign
San Diego, GR 89572. Dec. political party. [Sec. 3, BP
21, 1989]. 39].
Policitacion. Sp. 1. An Political consultant. Any

imperfect promise; a mere person who engages in
offer. [Ang Yu v. CA, GR informing or advising any
109125. Dec. 2, 1994]. 2. An other person on the
unaccepted unilateral domestic or foreign policies
promise or offer to sell or to of the Philippines or on the
buy a thing which creates no political or public interests,
juridical effect or legal tie. policies, or relations of a
[Diaz, Bus. Law Rev., 1991 foreign government or of a
Ed., p. 110]. foreign political party. [Sec.
3, BP 39].
859
respect to the political or

Political law. That branch of public interests, policies, or
public law which deals with relations of a foreign
the organization and government or a foreign
operation of the political party or with respect
governmental organs of the to the foreign policies of the
state, and defines the Philippines; or (b) which
relation of the state with the advocates, advises,
inhabitants of the territory. instigates, or promotes
[People v. Perfecto, 43 Phil. social, political, or religious
887, 897; Roa v. Coll. Of dissension, disorder, civil
Customs, 23 Phil. 315]. riot, or conflict involving the
use of force, or the
Political party. 1. An overthrow of the
organized group of citizens government of the Republic
advocating an ideology or of the Philippines. [Sec. 3, BP
platform, principles and 39].
policies for the general
conduct of government and Political question. 1. In
which, as the most ordinary parlance, namely, a
immediate means of question of policy. 2. A
securing their adoption, question which, under the
regularly nominates and Constitution, is to be decided
supports certain of its by the people in their
leaders and members as sovereign capacity; or in
candidates for public office. regard to which full
[Sec. 3, RA 7941]. 2. An discretionary authority has
organized group of persons been delegated to the
pursuing the same political legislative or executive
ideals in a Government and branch of the government. It
includes its branches and is concerned with issues
divisions. [Sec. 80, Rev. dependent upon the wisdom,
Election Code (RA 180]. not legality, of a particular
measure. [Tañada v.
Political propaganda. Any Cuenco, 100 Phil. 1101].
oral, visual, graphic, written,
pictorial, or other Political rights. The right to
communication or participate, directly or
expression: (a) which seeks indirectly, in the
in any reasonable degree to establishment or
prevail upon, indoctrinate, administration of
convert, induce, or in any government, the right of
other way influence a person suffrage, the right to hold
or any section of the public public office, the right of
within the Philippines with petition and, in general, the
860
rights appurtenant to imparts objectionable odor,

citizenship vis-à-vis the temperature change, or
management of physical, chemical or
government. [Simon v. CHR, biological change to any
GR 100150. Jan. 5, 1994, segment of the water body;
citing Black's Law Dict., 6th or (iv) is in excess of the
Ed., 1324]. allowable limits,
concentrations, or quality
Political sovereignty. Pol. standards specified, or in
Law. The sovereignty of the contravention of the
electorate; or in its general condition, limitation or
sense, the sovereignty of the restriction prescribed in RA
whole body politic. [Suarez, 9275. [Sec 4, RA 9275].
Pol. Law Reviewer, 1st Ed.,
2002, p. 35]. Compare with Pollution control and
Legal sovereignty. infrastructure devices.
Infrastructure, machinery,
Political violence. War, equipment and/or
revolution, civil strife, improvements used for
terrorism, and similar acts impounding, treating or
that can result in injury or neutralizing, precipitating,
loss of property. [Intl. Law filtering, conveying and
Dict. & Direct., 2004]. cleansing mine industrial
waste and tailings as well as
Politics. The science of eliminating or reducing
government; the art or hazardous effects of solid
practice of administering particles, chemicals, liquids
public affairs. [Black’s Law or other harmful byproducts
Dict., Abr. 5th Ed. (1983), and gases emitted from any
605]. facility utilized in mining
operations for their disposal.
Poll taxes. See Capitation [Sec. 3, RA 7942].
taxes.
Pollution control device.
Pollutant. Any substance, Any device or apparatus
whether solid, liquid, used to prevent, control or
gaseous or radioactive, abate the pollution of air
which directly or indirectly: caused by emissions from
(i) alters the quality of any motor vehicles at levels
segment of the receiving within the air pollution
water body to affect or tend control standards
to affect adversely any established by the national
beneficial use thereof; (ii) is Pollution Control
hazardous or potential Commission. [Sec. 2, PD
hazardous to health; (iii) 1181].
861
Pollution control Pond. A body of still water,

technology. Pollution natural or artificial, smaller
control devices or apparatus, than a lake; sometimes, by
processes, or other means extension, an enclosure for
that effectively prevent fish in a running stream.
control or reduce pollution of [Guzman v. Mun. of Taytay,
water caused by effluents GR 43626. Mar. 7, 1938,
and other discharges, from citing Funk & Wagnall's Std.
any point source at levels Dict., 20th Century Ed.].
within the water pollution
standards. [Sec 4, RA 9275]. Poor. Individuals and families
whose income fall below the
Polygamy. Being married to poverty threshold as defined
more than one person. by the NEDA and/or cannot
[Duhaime's Legal Dict., afford in a sustained manner
2004]. to provide their minimum
basic needs of food, health,
Polygraph. A lie-detector education, housing and
machine which records even other essential amenities of
the slightest variation in life. [Sec. 3, RA 8425].
blood pressure, body
temperature and respiration Poor man's cocaine.
as questions are put to, and Metamphetamine
answers elicited from a hydrochloride, one of the
subject. [Duhaime's Legal derivatives of
Dict., 2004]. metamphetamine, a
regulated drug under RA
Polypropylene. A substance 6425, as amended. Also
resembling polyethelyne notoriously known in street
which is one of a group of parlance as “shabu.” [People
partially crystalline v. Lo Ho Wing, GR 88017.
lightweight thermoplastics Jan. 21, 1991].
used chiefly in making
fibers, films, and molded and Pornography. 1. Any
extruded products. [Farolan representation, through
v. Solmac Mktg. Corp., GR publication, exhibition,
83589. Mar. 13, 1991]. cinematography, indecent
shows, information
Polytechnic University of technology, or by whatever
the Philippines. The state means, of a person engaged
university created under and in real or simulated explicit
by virtue of PD 1341 which sexual activities or any
was signed into law on Apr. representation of the sexual
1, 1978. parts of a person for
862
primarily sexual purposes. systems” enacted on May 1,

[Sec. 3, RA 9208]. A 1994.
depiction (as in writing or
painting) of licentiousness or Portal. A website that
lewdness. A portrayal of aggregates a wide variety of
exotic behavior designed to content for the purpose of
cause sexual excitement. attracting a large number of
[Moreno’s Law Dict., 2000 users. [Sec. 5, RA 9184].
Ed., p. 348].
Portal cirrhosis. A chronic
Port. A place where ships disease characterized by
may anchor or tie up for the increased connective tissue
purpose of shelter, repair, that spreads from the portal
loading or discharge of spaces, distorting liver
cargo, or for other such architecture and impairing
activities connected with liver functions. [Clemente v.
water-borne commerce, and GSIS, GR L-47521. July 31,
including all the land and 1987].
water areas and the
structures, equipment and Porterage. Services rendered
facilities related to these in the carriage or handling of
functions. [Sec. 3, PD 857]. passenger luggages and
baggages which can be
Portability. 1. Health Ins. carried by hand and are not
Law. The enablement of a of such weight and number
member to avail of National as to require the assistance
Health Insurance Program of loading or unloading
benefits in an area outside equipment or machinery or a
the jurisdiction of his Local relatively long time to
Health Insurance Office. undertake. [Moreno’s Law
[Sec. 1, RA 9241]. Social Ins. Dict., 2000 Ed., p. 348].
Law. 2. The transfer of funds
for the account and benefit Porter resolution. Intl. Law.
of a worker who transfers The qualification under the
from one system to the Drago doctrine which was
other. [Sec. 2, RA 7699]. later adopted in the Second
Hague Conference that the
Portability Law. Republic Act debtor state should not
No. 7699 entitled “An Act refuse or neglect to reply to
instituting limited portability an offer of arbitration, or,
scheme in the social security after accepting the offer,
insurance systems by prevent any compromis from
totalizing the workers' being agreed upon, or, after
creditable services or the arbitration, fail to submit
contributions in each of the
863
to the award. [Cruz, Intl. Law (a) classes and class

Reviewer, 1996 Ed., p. 56]. specifications; and (b) the
rules and regulations for its
Portion. That which forms installation and maintenance
part of the whole. When one and for the interpretation,
speaks of a portion, logically amendment and alternation
one of its sides borders the of the classes and class
remaining part of the whole. specifications to keep pace
[Moreno’s Law Dict., 2000 with the changes in the
Ed., p. 348]. service and the positions
therein. [Sec. 3, PD 985].
Port of entry. A port open to
both foreign and domestic Position of trust and
trade. The term includes confidence. One where a
principal ports of entry and person is entrusted with
subports of entry. [Sec. 2, PD confidence on delicate
1433]. matters, or with the custody,
handling, or care and
Position. A set of duties and protection of the employer's
responsibilities, assigned or property. [Lepanto v. CA, 1
delegated by competent SCRA 1251 (1961)].
authority and performed by
an individual either on full- Positive adjustment to
time or part-time basis. A import competition. The
position may be filled or ability of the domestic
vacant. [Sec. 3, PD 985]. industry to compete
successfully with imports
Position classification. The after measure, or to the
grouping of positions into orderly transfer of resources
classes on the basis of to other productive pursuits;
similarity of kind and level of and to the orderly transition
work, and the determination of dislocated workers in the
of the relative worth of those industry to other productive
classes of positions. [Sec. 3, pursuits. [Sec. 4, RA 8800].
PD 985].
Positive easement. An
Position classification easement which imposes
system. A system for upon the owner of the
classifying positions by servient estate the
occupational groups, series obligation of allowing
and classes, according to something to be done or of
similarities or differences in doing it himself. [Art. 616,
duties and responsibilities, CC]. Compare with
and qualification Negative easement.
requirements. It consists of:
864
Positive evidence. Evidence that he will vacate upon

where the witness affirms demand, failing which a
that a fact did or did not summary action for
occur. [Francisco, Evidence, ejectment is the proper
Vol. VII, Part 1, 1997 Ed., p. remedy against him.
4]. Compare with Negative [Claridades, A., Compilation
evidence. of Notes, 2001-2006].
Positive testimony. It is Possession, how acquired.

when the witness affirms It is acquired by the material
that a fact did or did not occupation of a thing or the
occur. [Tanala v. NLRC, GR exercise of a right, or by the
116588. Jan. 24, 1996]. fact that it is subject to the
Compare with Negative action of our will, or by the
testimony. proper acts and legal
formalities established for
Positivism. Theory that acquiring such right. [Art.
international law is the 531, CC].
voluntary creation of
sovereign states. [Intl. Law Possession, how lost. (a) By
Dict. & Direct., 2004]. the abandonment of the
thing; (b) by an assignment
Possess. In a grammatical made to another either by
sense, to have or to actually onerous or gratuitous title;
and physically occupy a (c) by the destruction or
thing, with or without right. total loss of the thing, or
[Moreno’s Law Dict., 2000 because it goes out of
Ed., p. 349]. commerce; (d) by the
possession of another,
Possession. 1. The holding of subject to the provisions of
a thing or the enjoyment of a Art. 537 of the Civil Code, if
right. [Art. 523, CC]. 2. A the new possession has
term to denote the mere fact lasted longer than one year.
of physical control over But the real right of
tangible objects. [Moreno’s possession is not lost till
Law Dict., 2000 Ed., p. 349]. after the lapse of ten years.
[Art. 555, CC].
Possession by tolerance.
The occupation by a person Possession in concept of
of the land of another at the holder. Possession whereby
latter's tolerance or one possesses as a mere
permission without any holder, or not in the concept
contract between them. of owner, and acknowledges
Such person is necessarily in another a superior right
bound by an implied promise which he believes to be
865
ownership, whether his guardians and executors

belief be right or wrong. with respect to the property
[Tolentino, Civil Code of the belonging to their wards or
Phil., Vol. II, Repr. 2001, p. estate. [Art. 216, RPC].
245].
Possession of the status of
Possession in concept of an illegitimate child. (The
owner. Possession whereby fact that) the father has
the possessor may be the treated the child as his own,
owner himself or one who directly and not through
claims to be so. [Tolentino, others, spontaneously and
Civil Code of the Phil., Vol. II, without concealment though
Repr. 2001, p. 245]. without publicity (since the
relation is illegitimate).
Possession of picklocks or [Reyes and Puno, Outline of
similar tools. Crim. Law. Phil. Civil Law, Vol. 1, 1964
The felony committed by any Ed., pp. 269-270, citing
person who shall without Coquia v. Coquia, CA 50, OG
lawful cause have in his 3701].
possession picklocks or
similar tools especially Possession, preparation
adopted to the commission and use of prohibited
of the crime of robbery, or drugs and maintenance
by any person who shall of opium dens. Crim. Law.
make such tools. [Art. 304, The felony committed by: (a)
RPC]. anyone who unless lawfully
authorized shall possess,
Possession of prohibited prepare, administer, or
interest by a public otherwise use any prohibited
officer. Crim. Law. The drug; or (b) anyone who
felony committed by a public shall maintain a dive or
officer who, directly or resort where any prohibited
indirectly, shall become drug is used in any form, in
interested in any contract or violation of the law. [Art.
business in which it is his 190, RPC].
official duty to intervene, or
by experts, arbitrators and Possession, writ of. See
private accountants who, in Writ of possession.
like manner, shall take part
in any contract or Possessor in bad faith. A
transaction connected with person in possession of
the estate or property in property knowing that his
appraisal, distribution or title thereto is defective.
adjudication of which they [Escritor v. IAC, GR L-71283.
shall have acted, and to the Nov. 12, 1987].
866
by the DFA. [Sec. 5, RA

Possessor in good faith. 1. 7157].
A possessor who is not
aware that there exists in his Postal Service Act of 1992.
title or mode of acquisition RA 7354 entitled “An Act
any flaw which invalidates it. creating the Philippine Postal
[Art. 526, CC]. 2. A person Corporation, defining its
who is not aware that there powers, functions and
exists in his title or mode of responsibilities, providing for
acquisition any flaw which regulation of the industry
invalidates it. [Maneclang v. and for other purposes
Baun, GR L-27876. Apr. 22, connected therewith”
1992]. enacted on Apr. 3, 1992.
Possessory information Postdated instrument. A

title. A prima facie evidence negotiable instrument where
of the fact that the the date appearing thereon
possessor of the land to is later than the true date of
which it refers has actual its issuance. [Claridades, A.,
possession. [Moreno’s Law Compilation of Notes, 2001-
Dict., 2000 Ed., p. 351]. 2006]. Compare with
Antedated instrument.
Possessory lien of the
unpaid seller. The right of Posted price. The FOB price
the seller who is in established by the
possession of the goods to contractor in consultation
retain possession of them with the Petroleum Board for
until payment or tender of each grade, gravity and
the price in cases: (a) where quality of crude oil offered
the goods have been sold for sale to buyers generally
without any stipulation as to for export at the particular
credit; (b) where the goods point of export, which price
have been sold on credit, but shall be based upon
the term of credit has geographical location, and
expired; (c) where the buyer the fair market export values
becomes insolvent. [Diaz, for crude oil of comparable
Bus. Law Rev., 1991 Ed., p. grade, gravity and quality.
126, citing Art. 1527, CC]. [Sec. 3, PD 87].
Post. All Philippine Post-harvest activities.

embassies, missions, Threshing, drying, milling,
consulates general and other grading, storing, and
foreign service handling of produce and
establishments maintained such other activities as
stripping, winnowing,
867
chipping and washing. [Sec. anxiety disorder caused by

4, RA 8435; Sec. 4, RA exposure to an
7607]. overwhelming traumatic
event in which the person
Post-harvest facilities. 1. later repeatedly re-
Facilities that include, but experiences the event.
are not limited to, fishport, [Olarte, Legal Med., 1st Ed.
fishlanding, ice plants and (2004), p. 137].
cold storages, fish
processing plants. [Sec. 4, Post-trial. Items happening
RA 8550]. 2. Threshers, after the trial, i.e., post-trial
moisture meters, dryers, motions or post-trial
weighing scales, milling discovery. [Glossary of Legal
equipment, fish ports, fish Terms (Pro-Se), 2004].
landings, ice plants and cold
storage facilities, processing Potential animal pest. It
plants, warehouses, buying shall comprise certain
stations, market species of animal that are
infrastructure and liable to become agricultural
transportation facilities. crop pests such as insects,
[Sec. 4, RA 8435; Sec. 4, RA monkeys, rodents, bats,
7607]. finches, rabbits, snails and
other forms of animal life
Postliminium right. Also Jus capable of causing injury to
postliminium. Intl. Law. agricultural crops. [Sec. 2,
The right by which persons PD 1433].
or things taken by the
enemy are restored to the Potentially infectious
former state on coming medical waste. This
actually into the power of includes isolation wastes,
the nation to which they infectious agents, human
belong. [Cruz, Intl. Law blood and blood products,
Reviewer, 1996 Ed., p. 141]. pathological wastes, sharps,
body parts, contaminated
Post-test counseling. The bedding, surgical wastes,
process of providing risk- and other disposable
reduction information and medical equipment and
emotional support to a material that may pose a
person who submitted to HIV risk to the public health,
testing at the time that the welfare or the marine
test result is released. [Sec. environment. [Sec 4, RA
4, RA 8496]. 9275].
Post-traumatic stress Potestas delegata non

disorder. Legal Med. An delegari potest. Lat. What
868
has been delegated cannot

be delegated. This doctrine Power development
is based on the ethical program (PDP). The
principle that such as indicative plan for managing
delegated power constitutes electricity demand through
not only a right but a duty to energy-efficient programs
be performed by the and for the upgrading,
delegate through the expansion, rehabilitation,
instrumentality of his own repair and maintenance of
judgment and not through power generation and
the intervening mind of transmission facilities,
another. [US v. Barrias, 11 formulated and updated
Phil. 327, 330 (1908); People yearly by the DOE in
v. Vera, 65 Phil. 56, 113 coordination with the
(1937)]. generation, transmission and
electric utility companies.
Potestative condition. 1. A [Sec. 4, RA 9136].
condition, the fulfillment of
which depends upon the sole Power of attorney. 1. A
will of the debtor, in which formal instrument
case, the conditional authorizing another to act as
obligation is void. [Naga Tel. one's agent or attorney.
Co., Inc. v. CA, GR 107112. [Glossary of Legal Terms
Feb. 24, 1994, citing Art. (Pro-Se), 2004]. 2. A
1182, CC]. 2. One which document which gives a
depends upon the will of the person the right to make
debtor. [Diaz, Bus. Law Rev., binding decisions for
1991 Ed., p. 10]. another, as an agent. A
power of attorney may be
Poverty alleviation. The specific to a certain kind of
reduction of absolute decision or general, in which
poverty and relative poverty. the agent makes all major
[Sec. 3, RA 8425]. decisions for the person who
is the subject of the power of
Power. Authority to do. One attorney. [Duhaime's Legal
has the power to do Dict., 2004].
something if he is of legal
age. Also, used as powers, Power of control. The power
the term refers to authority of an officer to alter or
granted by one person to modify or nullify or set aside
another, i.e., powers given what a subordinate officer
an executor in a will or an has done in the performance
agent in a power of attorney. of his duties and to
[Glossary of Legal Terms substitute the judgment of
(Pro-Se), 2004]. the former for that of the
869
latter. [De Villa v. City of Assoc. v. Enriquez, GR

Bacolod, GR 80744. Sep. 20, 113105. Aug. 19, 1994].
1990].
Power plant design. The
Power of review. The power planning, specifying,
exercised to determine coordinating and lay-outing
whether it is necessary to of electrical equipment in
correct the acts of the power plants, substations
subordinate and to see to it and the like. [Sec. 2, RA
that he performs his duties 7920].
in accordance with law. [Phil.
Game fowl Commission v. Power Sector Assets and
IAC, 146 SCRA 294 (1986)]. Liabilities Management
Corporation (PSALM
Power of subordinate Corp.). The corporation
legislation. The authority to organized pursuant to Sec.
issue rules to carry out the 49 of RA 9136. [Sec. 4, RA
general provisions of the 9136].
statute entrusted by the
national legislature to Power to regulate. The
administrative agencies, power to protect, foster,
with the proliferation of promote, preserve, and
specialized activities and control with due regard for
their attendant peculiar the interests, first and
problems. [Claridades, A., foremost, of the public, then
Compilation of Notes, 2001- of the utility and of its
2006]. patrons. [Phil.
Communications Satellite
Power of supervision. The Corp. v. Alcuaz, 180 SCRA
power of a superior officer to 218].
see to it that subordinates
perform their functions Power to tax is not the
according to law. [De Villa v. power to destroy while
City of Bacolod, GR 80744. the Supreme Court sits
Sep. 20, 1990, citing Bernas, (Holmes dictum). The
Rev. 1973 Phil. Const., Part I, reassuring words of Mr.
1983 Ed., p. 474]. Justice Holmes of the US
Supreme Court: "The power
Power of the purse. The to tax is not the power to
spending power which, destroy while this Court
under the Constitution, sits.” [Quoted from Graves.
belongs to Congress, subject v. New York, 306 U.S. 466,
only to the veto power of the 490 and cited in Tolentino v.
President. [Phil. Const. Sec. of Finance, GR 115455.
Aug. 25, 1994].
870
and counsel, and the

Power to tax is the power preparation of legal
to destroy (Marshall instruments and contracts
dictum). The 1803 dictum by which legal rights are
of Chief Justice Marshall of secured, although such
the US Supreme Court that matter may or may not be
"the power to tax involves pending in a court. In the
the power to destroy.” [Sison practice of his profession, a
v. Ancheta, GR L-59431. July licensed attorney at law
25, 1984, citing McCulloch v. generally engages in three
Maryland, 4 Wheaton 316]. principal types of
professional activity: legal
PPO. See Permanent advice and instructions to
Protection Order. clients to inform them of
their rights and obligations,
Practicable. Possible to preparation for clients of
practice or perform. [Tatad documents requiring
v. Sec. of Energy, GR knowledge of legal principles
124360. Nov. 5, 1997, citing not possessed by ordinary
Webster, New 3rd Intl. Dict., layman, and appearance for
1993 Ed., p. 1780]. clients before public
tribunals which possess
Practice. The method of power and authority to
performance established determine rights of life,
between parties by their liberty, and property
actions or conduct. [Intl. Law according to law, in order to
Dict. & Direct., 2004]. assist in proper
interpretation and
Practice of law. Any activity, enforcement of law. When a
in or out of court, which person participates in a trial
requires the application of and advertises himself as a
law, legal procedures, lawyer, he is in the practice
knowledge, training and of law. One who confers with
experience. To engage in the clients, advises them as to
practice of law is to perform their legal rights and then
those acts which are takes the business to an
characteristic of the attorney and asks the latter
profession. Generally, to to look after the case in
practice law is to give advice court, is also practicing law.
or render any kind of service Giving advice for
that involves legal compensation regarding the
knowledge or skill. The legal status and rights of
practice of law is not limited another and the conduct
to the conduct of cases in with respect thereto
court. It includes legal advice constitutes a practice of law.
871
One who renders an opinion should not delay in taking

as to the proper action to correct a threat of
interpretation of a statute, serious or irreversible
and receives pay for it, is, to damage to the environment
that extent, practicing law. merely because there is a
[Ulep v. Legal Clinic, Bar lack of scientific certainty
Matter 553. June 17, 1993]. that injury will result. [Intl.
Practising lawyer. One
engaged in any activity, in or Precedent. 1. Decision or
out of court, which requires principle enunciated by a
the application of law, legal court of competent
procedure, knowledge, jurisdiction on a question of
training and experience. law which does not only
serve as a guide but also as
Praeter intentionem. Lat. an authority to be followed
The act went beyond the by all other courts of equal
intent. Lack of intention to or inferior jurisdiction in all
commit so grave a wrong as cases involving the same
that committed. [Nizurtado question until the same is
v. Sandiganbayan, GR overruled or reversed by a
107383. Dec. 7, 1994]. superior court. [Suarez, Stat.
Con., (1993), p. 40]. 2. Laws
Preamble. It is that part of established by previous
the statute following the title cases which must be
and preceding the enacting followed in cases involving
clause which states the identical circumstances.
reasons for, or the objects [Glossary of Legal Terms
of, the enactment. [Suarez, (Pro-Se), 2004]. See Stare
Stat. Con., (1993), p. 45]. decisis.
Precarium. The contractual Precepto. Sp. A command

relation where the bailor which induces one to
may demand the thing at commit a crime. [Aquino,
will: (a) if neither the RPC, 1976 Ed., Vol. 1, p. 431,
duration of the contract nor citing People v. Indanan, 24
the use to which the thing Phil. 203, 207 (1913) and
loaned should be devoted, People v. Asaad, 55 Phil. 697
has been stipulated; or (b) if (1931)]. Compare with
the use of the thing is Pacto.
merely tolerated by the
owner. [Art. 1947, CC]. Precious coral. Skeleton of
anthozoan coelenterate
Precautionary approach. characterized as having a
Intl. Law. Attitude that states rigid axis of compact
872
calcareous or horny spicules, Pre-departure loans. Loans

belonging to the genus granted to departing migrant
corallium as represented by workers covered by new
the red, pink and white contracts to satisfy their pre-
corals. [Sec. 3, PD 1219]. departure requirements such
as payments for
Preclusion of claims. It is placement/processing fees,
governed by Rule 39, Sec. airplane fare, subsistence
47(b) of the Rules of Court. allowance, cost of clothing
[Kilosbayan v. Morato, GR and pocket money. [Sec. 30,
118910. July 17, 1995]. See IRR, RA 8042].
Res judicata.
Preempt. To take precedence
Preclusion of issues. It is over. [Intl. Law Dict. &
governed by Rule 39, Sec. Direct., 2004].
47(c) of the Rules of Court.
[Kilosbayan v. Morato, GR Preemptive right of a
118910. July 17, 1995]. See stockholder. The right of a
Conclusiveness of stockholder to subscribe to
Judgment. all issues or disposition of
share of any class in
Predatory pricing. Selling or proportion to his respective
offering to sell any oil shareholding. [Diaz, Bus.
product at a price below the Law Rev., 1991 Ed., p. 269].
seller's or offeror's average
variable cost for the purpose Pre-entry training. A basic
of destroying competition, skills training for immediate
eliminating a competitor or entry into the working
discouraging a potential environment. [Sec. 1, Rule 1,
competitor from entering the Book 2, IRR of LC].
market: Provided, however,
That pricing below average Preference of credit. The
variable cost in order to bestowing upon the
match the lower price of the preferred creditor an
competitor and not for the advantage of having his
purpose of destroying credit satisfied first ahead of
competition shall not be other claims which may be
deemed predatory pricing. established against the
[Sec. 11, RA 8479]. debtor. [DBP v. Sec. of
Labor, GR 79351, 28 Nov.
Predecease. Succ. Death of 1989].
an heir before the testator.
[Claridades, A., Compilation Preferential hiring
of Notes, 2001-2006]. agreement. Labor. An
agreement between the
873
employer and the union preferred shares to be

whereby the former is redeemable at the option of
obliged to give preference to either the holder or the
the members of the latter company. Still another might
who are qualified. However, be to disallow voting rights
absent such qualified union to preferred shareholders.
members will give the [Duhaime's Legal Dict.,
employer the right to choose 2004]. Compare with
those from outside of the Common share.
contracting union. [Poquiz,
Labor Rel. Law, 1999 Ed. p. Preferred shares of stock.
157]. Shares of stock issued by
any corporation which may
Preferred share. 1. A share be given preference in the
which entitles the holder distribution of the assets of
thereof to certain the corporation in case of
preferences over the holders liquidation and in the
of common stock. The distribution of dividends, or
preferences are designed to such other preferences as
induce persons to subscribe may be stated in the articles
for shares of a corporation. of incorporation which are
They may consist in the not violative of the
payment of dividends or the provisions of the Corporation
distribution of the assets of a Code: Provided, That
corporation in case of its preferred shares of stock
dissolution ahead of the may be issued only with a
common stockholders, or stated par value. (Sec. 6,
such other preferences as Corp. Code].
may be stated in the articles
of incorporation which are Pregnancy. An after-the-fact
not violative of the condition of the liaison
provisions of the Corp. Code. between two persons of
[De Leon, Corp. Code of the different sexes. [People v.
Phil. Annotated, 1989 Ed., p. Villarin, GR 96950. Jan. 29,
62]. 2. A share in a company 1993].
that has some kind of special
right or privilege attached to Pre-harvest activities. They
it, such as that it is include, but are not limited
distinguished from the to, seedbed and land
company’s common shares. preparation, planting,
The most common special weeding, pest and disease
right is a preference over control, fertilizer application,
holders of common shares water management and
when dividends are harvesting. [Sec. 4, RA
declared. Another, is for the 7607].
874
other proper party may, at

Pre-harvest facilities. They the commencement of the
include, but are not limited action or at any time
to, plows, harrows, tractors, thereafter, have the property
rotavators and sprayers. of the adverse party taken
[Sec. 4, RA 7607]. into the custody of the court
as security for the
Prejudicial question. A satisfaction of any judgment
question which is based on a that may be recovered. It is
fact distinct and separate a remedy which is purely
from the crime but so statutory in respect of which
intimately connected with it the law requires a strict
that its resolution is construction of the
determinative of the guilt or provisions granting it. [H.B.
innocence of the accused. To Zachry Co. Intl. v. CA, GR
justify suspension of the 106989. May 10, 1994].
criminal action, it must
appear not only that the civil Preliminary attachment,
case involves facts writ of. See Writ of
intimately related to those preliminary attachment.
upon which the criminal
prosecution is based but also Preliminary conference.
that the decision of the issue The term is akin and similar
or issues raised in the civil to the provision on "pre-trial"
case would be decisive of under the Revised Rules of
the guilt or innocence of the Court. Both provisions are
accused. [Apa v. Fernandez, essentially designed to
GR 112381. Mar. 20, 1995]. promote amicable
settlement or to avoid or
Prejudicial question. simplify the trial. [Martinez
Elements: (a) The civil action v. Dela Merced, GR 82039.
involves an issue similar or June 20, 1989].
intimately related to the
issue raised in the criminal Preliminary hearing. Also,
action: and (b) the resolution preliminary examination. A
of such issue determines hearing by a judge to
whether or not the criminal determine whether a person
action may proceed. [Sec. 5, charged with a crime should
Rule 111 of RoC; Yap v. be held for trial. [Glossary of
Paras; Umali v. IAC, 186 Legal Terms (Pro-Se), 2004].
SCRA 680 (1990)].
Preliminary injunction, writ
Preliminary attachment. of. See Writ of
The provisional remedy in preliminary injunction.
virtue of which a plaintiff or
875
Preliminary investigation. Premature marriages. Crim.

An inquiry or proceeding for Law. The felony committed
the purpose of determining by any widow who shall
whether there is sufficient marry within three hundred
ground to engender a well- and one (131) days from the
founded belief that a crime date of the death of her
has been committed and husband, or before having
that the respondent is delivered if she shall have
probably guilty thereof, and been pregnant at the time of
should be held for trial. [Sec. his death, or by any woman
1, Rule 112, RoC]. whose marriage shall have
been annulled or dissolved,
Preliminary mandatory if she shall marry before her
injunction. An delivery or before the
extraordinary remedy to be expiration of the period of
availed of only where the three hundred and one day
petitioner has shown: (a) after the legal separation.
that he has a right which is [Art. 351, RPC].
clear and unmistakable
under the law and the facts; Premeditacion conocida.
(b) that the invasion of the Sp. Deliberate
right is material and premeditation. [US v. Nalua,
substantial; and (c) that GR 7311. Aug. 5, 1912].
there exists an urgent and
paramount necessity for the Premium. The amount paid
issuance of the writ to to the insurer as
prevent extreme or serious consideration for insurance.
damage. [Villadores v. [Tiopianco, Commentaries
Encarnacion, GR L-6425. and Jurisp. on the Ins. Code
Sep. 30, 1954]. of the Phil., 1999 Ed., p. 78].
Premature conversion of Prenda or mortgage in

agricultural land. See prenda. A kind of special
Agricultural land, contract whereby the debtor
premature conversion of. delivers to the creditor the
possession of a parcel of
Premature infants. Infants land as security for the loan
delivered before the thirty- he has obtained from the
seventh week of gestation latter who enjoys the
with a birth weight of less usufruct. [Rep. v. IAC, GR
than 2,500 grams 74830. July 5, 1993, citing
(American) or 2,275 grams Phil. Law Dict. by Moreno, 3rd
(Filipino). [People v. Malapo, Ed., p. 728].
GR 123115. Aug. 25, 1998].

876
Pre-need plans. Contracts involved, is not an

which provide for the impediment to the
performance of future establishment of such
services of or the payment easement. Precisely, the
of future monetary action of the dominant
considerations at the time estate against the servient
actual need, for which plan estate should include a
holders pay in cash or prayer for the fixing of the
installment at stated prices, amount which may be due
with or without interest or from the former to the latter.
insurance coverage and [Talisay-Silay Milling v. CFI of
includes life, pension, Negros Occ., (42 SCRA 584)].
education, interment, and
other plans which the Tariff Preponderance of
Commission may from time evidence. 1. Evidence
to time approve. [Sec. 3, RA which is of greater weight, or
8799]. more convincing than that
which is offered in opposition
Preparation equivalent to it. [32 CJS, 1051]; The
rating. A rating of the weight, credit and value of
academic or educational the aggregate evidence on
preparation of an individual either side and is usually
teacher with equivalent for considered to be
his training for professional synonymous with the terms
growth and teaching 'greater weight of evidence'
experience. [Sec. 3, PD 985]. or 'greater weight of the
credible evidence;'
Preparatory recall Probability of the truth.
assembly. The registered Evidence which is more
voters of the local convincing to the court as
government unit to which worthy of belief than that
the local elective official which is offered in opposition
subject to recall belongs. thereto. [Rep. v. CA, GR
[Sec. 70, LGC]. 84966. Nov. 21, 1991]. 2.
The evidence as a whole
Pre-payment of required adduced by one side is
indemnity. The delivery of superior to that of the other.
the proper indemnity In determining where the
required by law for the preponderance or superior
damage that might be weight of evidence on the
incurred by the servient issues involved lies, the
estate in the event the legal court may consider all the
easement upon the extent of facts and circumstances of
compensation cannot be the case, the witnesses'
reached by the parties manner of testifying, their
877
intelligence, their means and the preparation,

opportunity of knowing the transmission, receipt,
facts on which they are custody and appreciation of
testifying, the nature of such the election returns. [Sec.
facts, the probability or 241, BP 881].
improbability of their
testimony, their interest or Prescribing opium
want of interest, and also unnecessary for a
their personal credibility as patient. Crim. Law. The
far as the same may felony committed by any
legitimately appear at the physician or dentist who
trial. The court may also shall prescribe opium for any
consider the number of person whose physical
witnesses, although the condition does not require
preponderance is not the use of the same. [Art.
necessarily with the greatest 194, RPC].
number. [Sapuan v. CA, GR
91869. Oct. 19, 1992]. Prescripcion adcquisitiva.
Title by adverse possession
Prepositus. The descendant which operates to transfer
is the person from whom the ownership to the possessor
degree should be reckoned, and need not be specifically
or the one at the end of the pleaded since it is an
line from which the property absolute denial of the
came and upon whom the previous owner’s claim.
property last revolved by [Moreno’s Law Dict., 2000
descent [Cabardo v. Ed., p. 357].
Villanueva, 44 Phil. 186,
190]. Prescripcion extintiva. A
statute of limitations which
Pre-proclamation operates as a bar to the
controversy. Elec. Law. Any owner’s right of action and is
question pertaining to or a new matter which must be
affecting the proceedings of specifically pleaded.
the board of canvassers [Moreno’s Law Dict., 2000
which may be raised by any Ed., p. 357].
candidate or by any
registered political party or Prescription. Civ. Law. 1. The
coalition of political parties acquisition of ownership and
before the board or directly other real rights through the
with the Commission on lapse of time in the manner
Election, or any matter and under the conditions laid
raised under Secs. 233, 234, down by law. [Art. 1106, CC].
235 and 236 of the Omnibus 2. A time limitation in civil
Election Code in relation to law, by which a right may be
878
acquired (acquisitive right of the State to

prescription) or an obligation prosecute the offender after
extinguished (extinctive the lapse of a certain time
prescription) by the passage fixed by law. [Gregorio,
of a specified period of time. Fund. of Crim. Law Rev.,
Whereas extinctive 1997 9th Ed., p. 313; Board of
prescription in civil law Commissioners (CID) v. Dela
results, for the potential Rosa, GR 95122-23. May 31,
plaintiff, in the loss of the 1991].
right itself, the expiry of a
time limitation in common Prescription of the offense.
law usually results only in The loss or forfeiture of the
the loss of the right to sue. right of the government to
In contemporary civil law, execute the final sentence
prescription is usually after the lapse of a certain
understood as substantive, time fixed by law. [Gregorio,
rather than procedural, and Fund. of Crim. Law Rev.,
thus governed by the law 1997 9th Ed., p. 313].
applicable to the relevant
claim. [Tetley, Glossary of Prescription of the penalty.
Conflict of Laws, 2004]. Intl. The loss or forfeiture by the
Law. 3. A derivative mode of government of the right to
acquisition by which a execute the final sentence
territory belonging to one after the lapse of a certain
state is transferred to the time. [Board of
sovereignty of another state Commissioners (CID) v. Dela
by reason of the adverse and Rosa, GR 95122-23. May 31,
uninterrupted possession 1991, citing Padilla, Crim.
thereof by the latter for a Law, Vol. 1, 1974, p. 855].
sufficiently long period of
time. [Cruz, Intl. Law Prescriptive period. The
Reviewer, 1996 Ed., p. 71]. period within which a
specific action must be filed.
Prescription drug. A drug [Central Bank v. CA, GR
which has been approved by 88353. May 8, 1992].
the Bureau of Food and Drug
and which can be dispensed Presence. In connection with
only pursuant to a Sec. 5 (a), Rule 113, Rules of
prescription order from a Court, on arrest without
physician who is duly warrant, the term is properly
licensed to do so. [Sec. 1, RA and restrictively construed
9241]. to relate to acts taking place
within the optical or perhaps
Prescription of the crime. auditory perception of the
The forfeiture or loss of the arresting officer. [Umil v.
879
Ramos, GR 81567. Oct. 3, specific date in the future.

1991]. [Bautista v. Auditor Gen., L-
10859, Aug. 29, 1958].
Presentation of evidence.
This consists of putting in as Presidential Decrees.
evidence the testimony of Statutes issued by then
the witnesses or the president Ferdinand E.
documents relevant to the Marcos during his
issue. [People v. Yap, GR incumbency. [Suarez, Stat.
103517. Feb. 9, 1994]. Con., (1993), p. 42].
Compare with Offer of
evidence. Pressurized or forced draft
burning equipment. Type
Presentment. Nego. Inst. or burner where the fuel is
Production of an instrument subjected to pressure prior
to a party liable to pay on it to discharge into the
for that party's acceptance combustion chamber and/or
(i.e., commitment to pay) or which includes fans or other
payment. [Intl. Law Dict. & provisions for the
Direct., 2004]. introduction of air at above
normal atmosphere pressure
Presentment for into the same combustion
acceptance. Nego. Inst. The chamber. [Sec. 3, PD 1185].
production of a bill of
exchange to a drawee for Prestation. This may consist
acceptance. [Prudential Bank in giving, doing, or not doing
v. IAC, GR 74886. Dec. 8, of something. [Torres, Oblig.
1992]. & Cont., 2000 Ed., p. 24].
Presentment for payment. Presumption. 1. An inference

Nego. Inst. The production of as to the existence of a fact
a bill of exchange to the not actually known, arising
drawee or acceptor for from its usual connection
payment or the production with another which is known,
of a promissory note to the or a conjecture based on
party liable for the payment past experience as to what
of the same. [Claridades, A., course human affairs
Compilation of Notes, 2001- ordinarily take. It is either a
2006]. presumption juris, or of law,
or a presumption hominis, or
Present value. That amount of fact. [Martin v. CA, GR
which, if invested now to 82248. Jan. 30, 1992]. 2. An
earn a fixed rate of interest, inference. Some
will be equivalent to a presumptions are refutable
specified amount due on a while others are deemed to
880
be irrefutable. Presumptions impossibility, if such a result

are also classified as “of can be avoided by any fair
fact” or “of law.” [Tetley, and reasonable construction.
Glossary of Conflict of Laws, [Moreno’s Law Dict., 2000
2004]. Compare with Ed., p. 359].
Inference.
Presumption against
Presumption. Kinds: (a) inconsistency. Stat. Con.
conclusive presumption or The presumption that the
one where no contrary lawmaking body is
evidence is admitted; and consistent. In case of doubt,
prima facie (disputable or therefore, such a
rebuttable) or one which construction should be
stays until evidence to the adopted as will make all the
contrary is admitted. [Diaz, provisions of the statute
Bus. Law Rev., 1991 Ed., p. consistent with one another
9]. and with the entire act.
[Suarez, Stat. Con., (1993),
Presumption against p. 31].
absurdity. Stat. Con. The
presumption that the Presumption against
legislature does not intend injustice. Stat. Con. The
that absurdity will from its presumption that the
enactment. The courts, lawmaking body intended
therefore, have the duty to right and justice to prevail.
interpret the law in such a [Suarez, Stat. Con., (1993),
way as to avoid absurd p. 30, citing Art. 10, CC].
result. [Suarez, Stat. Con.,
(1993), p. 31, citing People Presumption against
v. Malabanan, GR L-16478, ineffectiveness. Stat. Con.
Aug. 31, 1961]. The presumption that the
lawmaking body does not
Presumption against intend to adopt laws which
implied repeals. Stat. Con. are unnecessary and
The presumption that the ineffective. It is presumed
lawmaking body does not that it intends to impart to
favor repeals (of statutes) by its enactments such a
implication. [Suarez, Stat. meaning as will render them
Con., (1993), p. 32]. operative and effective.
Presumption against p. 31].
impossibility. Stat. Con.
The presumption that a Presumption against
statute is never to be irrepealable laws. Stat.
understood as requiring an Con. The presumption that
881
the lawmaking body does express direction to that

not intend that its laws shall effect. [Claridades, A.,
be irrepealable. The Compilation of Notes, 2001-
legislature cannot enact 2006]. See also
irrepealable laws or limit its Presumption of fact or
future legislative acts. Inference.
p. 32, citing Duarte v. David, Presumption juris. Lat. A
32 Phil. 36]. presumption or of law.
[Martin v. CA, GR 82248. Jan.
Presumption against 30, 1992].
violation of international
law. Stat. Con. The Presumption juris et de
presumption that a statute is jure. See Conclusive
in conformity with the rules presumption.
and principles of
international laws, or with Presumption juris tantum.
the treaties duly entered into See Disputable
and accepted by our presumption.
government. [Suarez, Stat.
Con., (1993), p. 34]. Presumption of
abandonment of office by
Presumption against a director. Corp. Law. The
violation of public policy. presumption that a director
Stat. Con. The presumption in a corporation who accepts
that the legislature designs a position in which his duties
to favor and foster, rather are incompatible with those
than to contravene, that as such director has
public policy which is based abandoned his office as
upon the principles of director of the corporation.
natural justice, good morals, [Mead v. McCullough, GR
and the settled wisdom of 6217. Dec. 26, 1911.]
the law as applied to the
ordinary affairs of life. Presumption of
[Suarez, Stat. Con., (1993), acquiescence to judicial
p. 33, citing Compania construction. Stat. Con.
General de Tabacos v. Coll. The presumption that, when
Of Customs, 46 Phil. 8]. the court has construed a
statute in a particular
Presumption hominis. Lat. manner and the lawmaking
1. A presumption of fact. body made no move to alter
[Martin v. CA, GR 82248. Jan. or amend the said statute,
30, 1992]. 2. A deduction the legislature has
which reason draws from the acquiesced in that
facts proved without an
882
interpretation. [Suarez, Stat. has become a party thereto

Con., (1993), p. 34]. for value. [Sec. 24, NIL].
Presumption of acting Presumption of

within the scope of constitutionality of
authority. Stat. Con. The statutes. Stat. Con. The
presumption that the theory is that as the joint act
legislature acted within the of the Legislature and the
scope of its authority. Hence, Executive, every statute is
if a statute admits of more supposed to have first been
than one interpretation, one carefully studied and
that places the statute determined to be
outside of legislative constitutional before it was
competence, and one that finally enacted. Hence,
places the statute within the unless it is clearly shown
limits of legislative that it is constitutionally
competence, the court flawed, the attack against its
should adopt the latter validity must be rejected and
interpretation. [Suarez, Stat. the law itself upheld. To
Con., (1993), p. 34, citing doubt is to sustain. [Phil.
Black, Interpretation of Laws, Judges Assoc. v. Prado, GR
2nd Ed., p. 138]. 105371. Nov. 11, 1993].
Presumption of conjugal Presumption of continuity

partnership. The of facts. Proof of the
presumption under Art. 160 existence at a particular
of the Civil Code that all time of a fact of continuous
property of the marriage is nature gives rise to an
presumed to belong to the inference, within logical
conjugal partnership, unless limits, that it exists at a
it be proved that it pertains subsequent time. [People v.
exclusively to the husband Sawajan, GR 28243. Dec. 12,
or to wife. [Cobb-Perez v. 1927].
Lantin, GR L-22320. May 22,
1968]. Presumption of continuity
of mental capacity. Evid.
Presumption of The presumption that
consideration. Nego. Inst. capacity to act attaches to a
The prima facie presumption person who has not
that every negotiable previously been declared
instrument has been issued incapable, and such capacity
for a valuable consideration; is presumed to continue so
and every person whose long as the contrary be not
signature appears thereon proved, that is, that at the
moment of his acting he was
883
incapable, crazy, insane, or he shall be presumed dead

out of his mind. [Standard for all purposes, except for
Oil Co. v. Codina Arenas, GR those of succession. The
5921. July 25, 1911]. absentee shall not be
presumed dead for the
Presumption of continuity purpose of opening his
of possession. The succession till after an
presumption that a present absence of ten years. If he
possessor of property who disappeared after the age of
shows his possession at seventy-five years, an
some previous time has held absence of five years shall
possession also during the be sufficient in order that his
intervening period. [Herrera, succession may be opened.
Remedial Law, Vol. VI, 1999 [Art. 390, CC].
Ed., p. 127].
Presumption of dissolution
Presumption of death; of former marriage. The
extraordinary or qualified presumption that when a
absence. Civ. Law. The person marries twice, the
following shall be presumed second marriage is valid and
dead for all purposes, the former one has been
including the division of the dissolved by death or
estate among the heirs: (a) A divorce. [Herrera, Remedial
person on board a vessel Law, Vol. VI, 1999 Ed., p. 38,
lost during a sea voyage, or citing Adong v. Cheong Seng
an aeroplane which is Gee, 43 Phil. 43].
missing, who has not been
heard of for four years since Presumption of equality.
the loss of the vessel or Succ. The presumption that
aeroplane; (b) a person in heirs instituted without
the armed forces who has designation of shares shall
taken part in war, and has inherit in equal parts. [Art.
been missing for four years; 846, CC].
(c) a person who has been in
danger of death under other Presumption of fact. Evid.
circumstances and his The conclusion that, because
existence has not been one fact exists or is true,
known for four years. [Art. another fact exists or is true.
391, CC]. If no new facts arise to
contradict the presumption,
Presumption of death; it is evidence of proof of the
ordinary absence. After an fact. For example, in some
absence of seven years, it jurisdictions, if a married
being unknown whether or woman has a child, her
not the absentee still lives, husband is presumed to be
884
the father. [Tetley, Glossary introduced to overcome the

of Conflict of Laws, 2004]. proof which the law has
See also Presumption created — that is, his
hominis or Inference. innocence. [People v. Clores,
GR L-61408. Oct. 12, 1983].
Presumption of good faith.
Stat. Con. The presumption Presumption of
that the legislature had good jurisdiction. Stat. Con. A
motives in having statute will not be construed
considered and adopted a in such a manner as to oust
particular law. [Suarez, Stat. or restrict the jurisdiction of
Con., (1993), p. 30]. superior courts, or to vest a
new jurisdiction in them,
Presumption of unless there are express
individuality. Succ. The words or a necessary
presumption that when the implication to that effect.
testator institutes some [Suarez, Stat. Con., (1993),
heirs individually and others p. 34, citing Manila Lodge
collectively, those No. 761 v. CA, GR L-41001.
collectively designated shall Sep. 30, 1976].
be considered as individually
instituted, unless it clearly Presumption of knowledge
appears that the intention of of existing laws. Stat. Con.
the testator was otherwise. The presumption that the
[Art. 847, CC]. lawmaking body has full
knowledge of all existing
Presumption of innocence. laws on the subject. Hence,
The Constitutional provision if there are two laws on the
that "in all criminal same subject enacted on
prosecutions, the accused different dates, the latter law
shall be presumed innocent cannot be held to have
until the contrary is proved". abrogated the former law,
[Art. III, §14, 1987 Const.]. It unless the repugnancy is
is thus axiomatic that "an clear, convincing and
accused under our law is irreconcilable. [Suarez, Stat.
entitled to an acquittal Con., (1993), p. 34, citing
unless his guilt is proved Manila Lodge No. 761 v. CA,
beyond reasonable doubt." GR L-41001. Sep. 30, 1976].
[People v. Bostre, 230 SCRA
139, 143, Feb. 18, 1994]. 3. Presumption of law. 1. An
A conclusion of law in favor assumption required by law
of the accused whereby his whenever a predetermined
innocence is not only set of facts arises, e.g. in
established but continues criminal law the accused is
until sufficient evidence is presumed innocent until
885
proven guilty beyond a the presentation of a receipt

reasonable doubt. [Tetley, of payment subsequent
Glossary of Conflict of Laws, thereto. [Manila Trading &
2004]. 2. A rule of law that Supply Co. v. Medina, GR L-
courts and judges shall draw 16477. May 31, 1961].
a particular inference from a
particular fact, or from Presumption of regularity
particular evidence. [Jurist’s in the performance of
Legal Dict., 2004]. official duty. Evid. 1. A
disputable or rebuttable
Presumption of man. Evid. presumption that an official
A presumption which is act or duty has been
formed by the judge from regularly performed. [Sec. 3
circumstances antecedent (m), Rule 131, RoC]. 2. The
to, coincident with or presumption of regularity of
subsequent to the principal official acts may be rebutted
fact under investigation. by affirmative evidence of
[Vidal de Roces v. Posadas, irregularity or failure to
GR 34937. Mar. 13, 1933]. perform a duty. The
Also called Presuncion de presumption, however,
hombre. prevails until it is overcome
by no less than clear and
Presumption of marriage. convincing evidence to the
Civ. Law. The presumption contrary. Thus, unless the
that persons dwelling presumption is rebutted, it
together in apparent becomes conclusive. Every
matrimony, in the absence reasonable intendment will
of any counter-presumption be made in support of the
or evidence special to the presumption and in case of
case, are in fact married. doubt as to an officer's act
The reason is that such is being lawful or unlawful,
the common order of construction should be in
society, and if the parties favor of its lawfulness.
were not what they thus hold [People v. De Guzman, GR
themselves out as being, 106025. Feb. 9, 1994, 31A
they would be living in the CJS pp. 332-336].
constant violation of
decency and of law. [Adong Presumption of
v. Cheong See Gee, GR L- renunciation in the
18081. Mar. 3, 1922]. delivery of a private
instrument. The
Presumption of payment of presumption under Art. 1271
prior installments. The of the Civil Code that the
presumption that prior delivery of a private
installments were paid upon document evidencing a
886
credit, made voluntarily by Remedial Law, Vol. VI, 1999

the creditor to the debtor, Ed., p. 89].
implies the renunciation of
the action which the former Presumptive death
had against the latter. declaration. Requisites: (a)
[Claridades, A., Compilation That the absent spouse has
of Notes, 2001-2006]. been missing for four
consecutive years, or two
Presumption of consecutive years if the
simultaneity. The disappearance occurred
presumption that when the where there is danger of
testator calls to the death under the
succession a person and his circumstances laid down in
children, they are all Art. 391, Civil Code; (b) that
deemed to have been the present spouse wishes to
instituted simultaneously remarry; (c) that the present
and not successively. [Art. spouse has a well-founded
849, CC]. belief that the absentee is
dead; and (d) that the
Presumption of present spouse files a
suppression of evidence. summary proceeding for the
Evid. The disputable declaration of presumptive
presumption that evidence death of the absentee. [Art.
willfully suppressed would be 41, FC].
adverse if produced. [Sec. 3
(e), Rule 131, RoC]. Presuncion de hombre. Sp.
See Presumption of man.
Presumption of
survivorship. See Preterition (of heirs). Also
Survivorship Pretermission of heirs.
presumption. Succ. 1. The omission of one,
some, or all of the
Presumption of validity. compulsory heirs in the
Evid. The presumption that a direct line, whether living at
judgment of a court of the time of the execution of
justice is valid and the will or born after the
enforceable, where the death of the testator which
record discloses that all the shall annul the institution of
steps necessary to confer heir; but the devises and
jurisdiction have been taken, legacies shall be valid
and that the court has insofar as they are not
jurisdiction on the subject inofficious. [Art. 854, CC]. 2.
matter. There is presumption The omission in the
that decisions of the trial testator's will of the
court are correct. [Herrera, compulsory heirs or anyone
887
of them, either because they required or permitted by law

are not mentioned therein, falls on a regular holiday or
or, though mentioned, they special day, the act may be
are neither instituted as done on the next succeeding
heirs nor are expressly business day. [Sec. 28,
disinherited. [Neri v. Akutin, Chap. 7, Book I, Admin. Code
72 Phil. 323]. of 1987].
Preterition. Succ. Requisites: Pretermitted child. Succ. A

1. (a) The heir omitted must child born after a will is
be a compulsory heir in the executed, who is not
direct line; (b) the omission provided for by the will.
must be complete and total [Jurist’s Legal Dict., 2004].
in character in such a way
that the omitted heir does Pre-test counseling. The
not and has not received process of providing an
anything at all from the individual information on the
testator by any title biomedical aspects of
whatsoever; and (c) the HIV/AIDS and emotional
compulsory heir omitted support to any psychological
should survive the testator. implications of undergoing
[Jurado, Comments & Jurisp. HIV testing and the test
on Succession, 1991 8th Ed., result itself before he/she is
p. 104, citing Art. 854, CC]. subjected to the test. [Sec.
2. (a) The heir omitted is a 4, RA 8496].
forced heir (in the direct
line); (b) the omission is by Pre-trial. Rem. Law. A
mistake or thru an oversight; procedural device by which
(c) the omission is complete the court is called upon after
so that the forced heir the filing of the last
received nothing in the will. pleading, to compel the
[Separate Opinion, Melencio- parties and their lawyers to
Herrera in Acain v. IAC, GR L- appear before it, and
72706. Oct. 27, 1987, citing negotiate an amicable
Padilla, Civil Code settlement or otherwise
Annotated, 1973 Ed., p. 224- make a formal statement
225]. and embody in a single
document the issues of fact
Pretermission of heirs. and law involved in the
Succ. See Preterition of action, such as the number
heirs. of witnesses the parties
intend to present, the tenor
Pretermission of Holiday. or character of their
Where the day, or the last testimonies, their
day, for doing any act documentary evidence, the
888
nature and purpose of each enjoying benefits from the

of them, and the number of service rendered or for the
trial dates that each will goods delivered by another
need to put on his case. to him with the resulting
[Bench Book for Trial Court improvement of the
Judges, p. 2-33]. condition of his life.
Pre-trial conference. Rem. Ed., p. 360].
Law. Conference among the
opposing attorneys and the Prevailing party. The party
judge called at the discretion to a suit who successfully
of the court to narrow the prosecutes the action or
issues to be tried and to successfully defends against
make a final effort to settle it, prevailing on the main
the case without a trial. issue, even though not
[Glossary of Legal Terms necessarily to the extent of
(Pro-Se), 2004]. his original contention.
Pre-trial investigation. Ed. (1983), 619].
Rem. Law. An investigation
which corresponds to the Prevailing price. The
preliminary investigation, average price at which any
where the object is to basic necessity has been
determine the existence of a sold in a given time within a
prima facie case that would month from the occurrence
warrant the prosecution of of any of the conditions
the accused. [Kapunan v. De enumerated under Sec. 6 of
Villa, GR L-83177. Dec. 6, RA 7851. [Sec. 3, RA 7581].
1988]. Compare with Fact-
finding inquiry. Preventive injunction. Rem.
Law. An injunction which
Pre-trial order. Rem. Law. commands a party to refrain
An order embodying the from doing an act. [Moreno’s
agreements reached at the Law Dict., 2000 Ed., p. 361].
pre-trial conference which Compare with Prohibition.
shall control the subsequent
course of the trial and should Preventive suspension.
not be disturbed unless Admin. Law. 1. The
there would be manifest suspension from office by
injustice. [Dy, Jr. v. CA, GR the proper disciplining
97130. June 19, 1991]. authority of any subordinate
officer or employee under
Pretrimonial advantage. his authority pending an
The enrichment of a person investigation, if the charge
by his receiving and/or against such officer or
889
employee involves situations and like

dishonesty, oppression or occasions” enacted on May
grave misconduct, or neglect 27, 1992.
in the performance of duty,
or if there are reasons to Price ceiling. The maximum
believe that the respondent price at which any basic
is guilty of charges which necessity or prime
would warrant his removal commodity may be sold to
from the service. [EO 292]. the general public. [Sec. 3,
2. a preliminary step in an RA 7581].
administrative investigation.
It is not a punishment. If Price comparison. The direct
after such investigation, the comparison in any
charges are established and advertisement of a seller's
the person investigated is current price for consumer
found guilty of acts products or services with
warranting his removal, then any other price or statement
he is removed or dismissed of value for such property or
from office. This is the services expressed in pesos,
penalty. [Nera v. Garcia, GR centavos, fractions or
L-13160. Jan. 30, 1960]. percentages. [Art. 4, RA
7394].
Prevent losses. In its
ordinary connotation, the Price difference. The
phrase means that amount obtained after
retrenchment or termination subtracting the C.I.F. import
of the services of some price from the trigger price.
employees is authorized to [Sec. 4, RA 8800].
be undertaken by the
employer sometime before Price subsidy. The payment
the losses anticipated are of Government of an
actually sustained or additional amount for every
realized. [Lopez Sugar Corp. unit of output sold by the
v. Fed. of Free Workers, GR farmers in the open market.
75700-01. Aug. 30, 1990]. [Sec. 4, RA 7607].
Price Act. RA 7581 entitled Price tag. Any device,

“An Act providing protection written, printed, affixed or
to consumers by stabilizing attached to a consumer
the prices of basic product or displayed in a
necessities and prime consumer repair or service
commodities and by establishment for the
prescribing measures purpose of indicating the
against undue price retail price per unit or
increases during emergency service. [Art. 4, RA 7394].
890
conclusion to support which

Priest. One especially it is introduced. [Rep. v.
consecrated to the service of Sandiganbayan, GR 112708-
a divinity and considered as 09. Mar. 29, 1996]. 2.
the medium through whom Evidence which suffices for
worship, prayer, sacrifice, or the proof of a particular fact
other service is to be offered until contradicted and
to the being worshipped, and overcome by other evidence.
pardon, blessing, [Claridades, A., Compilation
deliverance, etc., obtained of Notes, 2001-2006].
by the worshipper, as a Compare with Conclusive
priest of Baal or of Jehovah; evidence.
a Buddhist priest. [Adong v.
Cheong See Gee, GR L- Prima facie or disputable
18081. Mar. 3, 1922]. or rebuttable
presumption. A
Prima facie. Lat. At first presumption which stays
sight. 1. On the first until evidence to the
appearance. On the face of contrary is admitted. [Diaz,
it. A fact presumed to be Bus. Law Rev., 1991 Ed., p.
true unless disproved by 9].
some evidence to the
contrary. [Claridades, A., Primarily confidential. The
Compilation of Notes, 2001- phrase denotes not only
2006]. 2. A rule whereby a confidence in the aptitude of
particular fact constitutes the appointee for the duties
evidence of a state of affairs, of the office but primarily
unless contradicted by other close intimacy which insures
stronger, admissible freedom of [discussion and
evidence. [Tetley, Glossary delegation and reporting]
of Conflict of Laws, 2004]. without embarrassment or
freedom from misgivings of
Prima facie case. A case betrayals of personal trust or
that is sufficient and has the confidential matters of state.
minimum amount of [Tria v. Sto. Tomas, GR
evidence necessary to allow 85670. July 31, 1991].
it to continue in the judicial
process. [Glossary of Legal Primary accountability. The
Terms (Pro-Se), 2004]. accountability of the head of
a department or office for
Prima facie evidence. 1. supplies or property
Evidence which, standing transferred to his
alone and unexplained, department or office for
would maintain the issuance to the end-user.
proposition and warrant the
891
[IRR on Supply & Prop. Mgt., Compilation of Notes, 2001-

per Sec. 383, LGC]. 2006]. Compare with
Secondary evidence or
Primary authority. Substitutionary evidence.
Constitutions, codes,
statutes, ordinances, and Primary jurisdiction
case law sources. [Glossary doctrine. Courts cannot and
of Legal Terms (Pro-Se), will not determine a
2004]. controversy involving a
question which is within the
Primary beneficiaries. The jurisdiction of an
dependent spouse until he administrative tribunal
remarries and dependent having been so placed within
children. [Art. 167, LC]. its special competence
Compare with Secondary under a regulatory scheme.
beneficiaries. In such instances the judicial
process is suspended
Primary beneficiary. A pending referral to the
beneficiary who is first administrative body for its
entitled to benefits on the view on the matter in
death of the insured. dispute. [Brett v. IAC, GR
[Tiopianco, Commentaries & 74223, 27 Nov. 1990, 191
Jurisp. on the Ins. Code of SCRA 687, 698 and Industrial
the Phil., 1999 Ed., p. 28]. Ent. v. CA, GR 88550, 18
Apr. 1990, 184 SCRA 426,
Primary compulsory heirs. 432].
Heirs who are always
entitled to their legitime as Primary or corporate
provided by law regardless franchise. The right to exist
of the class of compulsory as a corporation which is
heirs with which they may vested in the individuals who
concur. They include all compose the corporation
kinds of compulsory heirs and not in the corporation
with the exception of itself, and cannot be
parents or ascendants. conveyed in the absence of
[Jurado, Comments & Jurisp. legislative authority so to do.
on Succession, 1991 8th Ed., [JRS Business v. Imperial
p. 236]. See Secondary Ins., GR L-19891. July 31,
compulsory heirs. 1964]. Compare with
Secondary or special
Primary evidence. Also Best franchise.
evidence. Evidence which
affords the greatest Primary processing. The
certainty of the fact in physical alteration of raw
question. [Claridades, A., agricultural or fishery
892
products with or without the Principal by indispensable

use of mechanical facilities. cooperation. One who shall
[Sec. 4, RA 8435]. participate in the criminal
resolution, a conspiracy or
Prime commodities. They unity in criminal purpose and
include fresh fruits; flour; cooperation in the
dried processed and canned commission of the offense
pork; beef and poultry meat; by performing another act
dairy products not falling without which it would not
under basic necessities; have been accomplished.
noodles; onions; garlic; [People v. Jorge, GR 99379.
vinegar; patis; soy sauce; Apr. 22, 1994, citing Padilla,
toilet soap; fertilizer; Crim. Law Book I, 1974 Ed.,
pesticides; herbicides; p. 517].
poultry; swine and cattle
feeds; veterinary products Principal by indispensable
for poultry, swine and cattle; cooperation. Requisites: (a)
paper; school supplies; nipa participation of the subject
shingles; sawali; cement; accused in the criminal
clinker; GI sheets; hollow resolution and (b)
blocks; plywood; plyboard; performance by him of
construction nails; batteries; another act indispensable to
electrical supplies; light the accomplishment of the
bulbs; steel wire; and all crime. [People v, Fronda, GR
drugs not classified as 102361-62. May 14, 1993].
essential drugs by the DOH.
[Sec. 3, RA 7581]. Principal by inducement.
Requisites: (a) That the
Primitive tribe. A group of inducement be made
endemic tribe living directly with the intention of
primitively as a distinct procuring the commission of
portion of a people from a the crime; and (b) that such
common ancestor. [Sec. 3, inducement be the
PD 705]. determining cause of the
commission of the crime by
Principal. An agent’s master; the material executor.
the person for whom an [People v. Dela Cruz, GR L-
agent has received 30912. Apr. 30, 1980].
instruction and to whose
benefit the agent is Principal debtor. A party
expected to perform and ultimately liable on the
make decisions. [Duhaime's negotiable instrument,
Legal Dict., 2004]. hence the maker or
acceptor. [Diaz, Bus. Law
Rev., 1991 Ed., p. 360].
893
personal correspondence.
Principal display panel. [Sec. 2, RA 7354].
That part of the label that is
most likely to be displayed, Printer. The proprietor of the
presented, shown or printing establishment. [Sec.
examined under normal and 3, PD 812].
customary conditions of
display for retail or sale. [Art. Prior est in tempore, potior
4, RA 7394]. est in jure. Lat. He who is
first in time is preferred in
Principal officer. The head right. [La Urbana v.
of a consulate or consulate Bernardo, 62 Phil. 790, 806].
general of the Philippines.
[Sec. 5, RA 7157]. Priority of possession. Prior
possession of the disputed
Principals. The following are property by a contending
considered principals: (a) party before the controversy
Those who take a direct part arose. [Moreno’s Law Dict.,
in the execution of the act; 2000 Ed., p. 363].
(b) those who directly force
or induce others to commit Prior restraint or
it; (c) those who cooperate censorship. A curtailment
in the commission of the of the freedom of expression
offense by another act and of the press made
without which it would not through restrictions or
have been accomplished. conditions in advance of
[Art. 17, RPC]. actual publication or
dissemination. [Suarez, Pol.
Printed. As applied to books, Law Reviewer, 1st Ed., 2002,
that which is produced by p. 158].
printing, lithography,
photography, duplication, or Prior tempore potior jure.
any like process. [Sec. 3, PD Lat. He who is first in time is
812]. preferred in right. [Gomez v.
Jugo, 48 Phil., 118 (1925)].
Printed matter. The
reproduction upon paper, by Prision correccional,
any process except that of suspension, and
handwriting or typewriting, destierro. The penalties the
of any words, letters, duration which shall be from
characters, figures or six months and one day to
images, or any combination six years, except when
thereof, not having the suspension is imposed as an
character of an actual and accessory penalty, in which
case, its duration shall be
894
that of the principal penalty. v. CA, GR 95843, 02 Sep.

[Art. 27, RPC]. 1992; Vitug, Compendium of
Civil Law and Jurisp., 1993
Prision mayor and Ed., p. 604).
temporary
disqualification. The Privacion de libertad. Sp.
penalties the duration of Deprivation of liberty. As
which shall be from six years used in the Spanish text of
and one day to twelve years Art. 157 of the Rev. Penal
(of imprisonment), except Code, the term is not the
when the penalty of same as the word
disqualification is imposed "imprisonment" as
as an accessory penalty, in erroneously translated in the
which case its duration shall English text. Hence, while
be that of the principal "imprisonment" cannot
penalty. [Art. 27, RPC]. include destierro, "privacion
de libertad" may include it.
Prius tempore, potior jure. [People v. Abilong, GR L-
Lat. First in time, stronger in 1960. Nov. 26, 1948].
right. 1. Knowledge by the Inasmuch as the Rev. Penal
first buyer of the second sale Code was originally
cannot defeat the first approved and enacted in
buyer's rights except when Spanish, the Spanish text
the second buyer first governs. [People v. Manaba,
registers in good faith the 58 Phil., 665, 668].
second sale. [Olivares v.
Gonzales, 159 SCRA 33]. 2. Private. Belonging to or
Conversely, knowledge concerning, an individual
gained by the second buyer person, company, or
of the first sale defeats his interest. [Aquino-Sarmiento
rights even if he is first to v. Morato, GR 92541. Nov.
register, since knowledge 13, 1991, citing People v.
taints his registration with Powell, 274 NW 372 (1937)].
bad faith. [See also Astorga Compare with Public.
v. CA, GR 58530, 26 Dec.
1984]. 3. It is essential, to Private bills. Bills filed in
merit the protection of Art. Congress that will not
1544, 2nd Par. of the Civil operate directly for the
Code, that the second realty public good but are
buyer must act in good faith calculated to serve goodwill
in registering his deed of (i.e., bills granting honorary
sale. [Cruz v. Cabana, GR membership). [Claridades,
56232, 22 June 1984, 129 A., Compilation of Notes,
SCRA 656, citing Carbonell v. 2001-2006].
CA, 69 SCRA 99, Crisostomo
895
Private carrier. One which, Private detective agency. A

without being engaged in private detective agency is
the business of carrying as a any person, who, for hire or
public employment, reward or on commission,
undertakes to deliver goods conducts or carries on or
or passengers for holds himself or itself out as
compensation. [Home Ins. conducting or carrying on a
Co. v. Amer. Steamship detective agency, or
Agency, 23 SCRA 24]. detective service. [Sec. 3, RA
Compare with Common 5487].
carriers.
Private development
Private corporations. banks. Banks duly
Corporations formed fro organized under RA 4093
some private purpose, with authority to operate
benefit, or end. [De Leon, under existing laws. [Sec. 4,
Corp. Code of the Phil. RA 7607].
Annotated, 1989 Ed., p. 40].
Compare with Public Private document. Every
corporations. deed or instrument executed
by a private person, without
Private crimes. Crimes the intervention of a public
which cannot be prosecuted notary or of other person
except upon a complaint legally authorized, by which
filed by the offended party, document some disposition
such as concubinage, or agreement is proved,
adultery, seduction, evidenced or set forth. [US v.
abduction, acts of Orera, GR 3810. Oct. 18,
lasciviousness and 1907].
defamation imputing any of
the aforesaid offenses. Private employment
[People v. CFI of Quezon, agency. Ay person or entity
Branch VII, GR L-46772. Feb. engaged in the recruitment
13, 1992]. and placement of workers
for a fee which is charged,
Private detective. A private directly or indirectly, from
detective is any person who the workers or employers or
is not a member of a regular both. [Art. 13, LC].
police agency of the Armed
Forces of the Philippines who Private Employment
does detective work for hire, Agency Act. Act No. 3957,
reward, or commission. [Sec. as amended. [Expressly
3, RA 5487]. repealed by the Labor Code].

896
Private enterprise. An
economic system under Private international law.
which property of all kinds That division of international
can be privately owned and law that deals primarily with
in which individuals, alone or the rights and duties of
in association with another, individuals and
can embark on a business nongovernmental
activity. This includes organizations in their
industrial, agricultural, agro- international affairs. [Intl.
industrial or service Law Dict. & Direct., 2004].
establishments engaged in See also Conf. of Laws.
the production,
manufacturing, processing, Private labeler. An owner of
repacking, assembly, or a brand or trademark on the
production of goods. [Sec. 1, label of consumer product
IRR, RA 7796]. other than a manufacturer of
the product. [Art. 4, RA
Private enterprises. An 7394].
economic system under
which property of all kinds Private land. Any land
can be privately owned and belonging to any private
in which individuals, alone or person which includes
in association with another, alienable and disposable
can embark on a business land being claimed by a
activity. [Sec. 4, RA 7796]. holder, claimant, or
occupant who has already
Private gratuitous permit. acquired a vested right
The gratuitous permit thereto under the law,
granted by the provincial although the corresponding
governor to any owner of certificate or evidence of
land. [Sec. 50, RA 7942]. title or patent has not been
actually issued. [Sec. 3, RA
Private hospital. One which 7942].
is privately owned,
established and operated Private law. 1. Body of rules
with funds raised or which creates duties, rights
contributed through and obligations, and the
donations, or by private means and methods of
capital or other means, by setting courts in motion for
private individuals, the enforcement of a right or
association, corporation, of a redress of wrong.
religious organization, firm, [Suarez, Stat. Con., (1993),
company or joint stock p. 38, citing Words &
association. [Sec. 2, RA Phrases, Vol. 24, 337]. 2.
4226]. That law, such as a contract
897
between two persons or a Exec. Sec. dated Aug. 20,

real estate transaction, 1998].
which applies only to the
persons who subject Private practice. The term,
themselves to it. [Glossary of as commonly understood,
Legal Terms (Pro-Se), 2004]. means "an individual or
organization engaged in the
Private motor vehicle. Any business of delivering legal
of the following: (a) Any services.” [Cayetano v.
motor vehicle owned by Monsod, GR 100113. Sep. 3,
individuals and juridical 1991].
persons for private use; (b)
any motor vehicle owned by Private practitioner. The
the National Government or term which in many ways is
any of its agencies, synonymous with the word
instrumentalities or political "lawyer." [Cayetano v.
subdivisions, including Monsod, GR 100113. Sep. 3,
government-owned or 1991].
controlled corporations or
their subsidiaries for official Private recruitment entity.
use; and (c) any diplomatic Any person or association
vehicle. engaged in the recruitment
and placement of workers,
Private nuisance. 1. A locally or overseas, without
nuisance that is not included charging, directly or
in the definition of Public indirectly, any fee from the
nuisance. [Art. 695, CC]. 2. workers or employers. [Art.
One which violates only 13, LC].
private rights and produces
damages to but one or a few Private right. Titled rights of
persons. [Tolentino, Civil ownership under existing
Code of the Phil., Vol. II, laws, and in the case of
Repr. 2001, p. 436, citing 34 primitive tribes, to rights of
Ind. App. 346, 72 NE 1037]. possession existing at the
time a license is granted
Private nuisance, remedies under the Forestry Reform
against. (a) A civil action; or Code, which possession may
(b) abatement, without include places of abode and
judicial proceedings. [Art. worship, burial grounds, and
705, CC]. old clearings, but excludes
production forest inclusive of
Private ownership. Property logged-over areas,
belonging to private persons commercial forests and
either individually or established plantations of
collectively. [Memo. from the forest trees and trees of
898
economic value. [Sec. 3, PD Privilege. 1. A benefit or

705]. advantage to certain
persons beyond the
Private schools. Educational advantages of other persons,
institutions maintained and i.e., an exemption,
administered by private immunity, power, etc.
individuals or groups. [Sec. [Glossary of Legal Terms
26, BP 232]. (Pro-Se), 2004]. 2. A special
and exclusive legal
Private sector advantage or right such as a
infrastructure or benefit, exemption, power or
development projects. immunity. [Duhaime's Legal
The general description of Dict., 2004].
infrastructure or
development projects Privileged communication.
normally financed and 1. A communication made
operated by the public bona fide upon any subject
sector but which will now be matter in which the party
wholly or partly communicating has an
implemented by the private interest, or in reference to
sector. [Sec. 2, RA 7718]. which he has a duty and
made to a person having a
Private Security Agency corresponding interest or
Law, The. RA 5487 entitled duty, although it contained
“An Act to regulate the incriminatory matter which
organization and operation without this privilege would
of private detective, be slanderous and
watchmen or security guards actionable [Daez v. CA, GR
agencies” enacted on June 47971. Oct. 31, 1990, citing
21, 1969. Harrison v. Bush, 5 E. & B.,
3441]. 2. A statement made
Privies. Those who have by a person in trust to
mutual or successive another, such as a lawyer, a
relationship to the same doctor or a priest, which
rights of property or subject statement may not be
matter such as personal revealed at the trial without
representatives, heirs, the consent of the litigant.
devisees, legatees, assigns, [Torres, Oblig. & Cont., 2000
voluntary grantees, or Ed., p. 354].
judgment creditors or
purchasers from them with Privileged communication.
notice of the facts. Requisites in order that the
[Claridades, A., Compilation privilege may be
of Notes, 2001-2006]. successfully invoked: (a) the
privilege is claimed in a civil
899
case; (b) the person against with whom the relationship

whom the privilege is exists. [Intl. Law Dict. &
claimed is one duly Direct., 2004].
authorized to practice
medicine, surgery or Privity of contract. 1. The
obstetrics; (c) such person relationship created between
acquired the information the parties to a contract.
while he was attending to [Torres, Oblig. & Cont., 2000
the patient in his Ed., p. 354]. 2. That
professional capacity; (d) the connection or relation which
information was necessary exists between two or more
to enable him to act in that contracting parties. [Black’s
capacity; and, (e) the Law Dict., Abr. 5th Ed. (1983),
information was confidential 631].
and, if disclosed, would
blacken the reputation Privity of estate. That which
(formerly character) of the exists between lessor and
patient. [Krohn v. CA, GR lessee, tenant for life and
108854. June 14, 1994]. remainderman or
reversioner, etc. and their
Privileged motion. A motion respective assignees, and
that pertains to a subject between joint tenants and
matter which, under the co-partners. [Moreno’s Law
rules, takes precedence over Dict., 2000 Ed., p. 365].
others. [Rule XXI. §123,
Rules of the HoR]. Privy. 1. One who is a
partaker or has any part or
Privilege from arrest. Pol. interest in any action,
Law. The immunity granted matter, or thing. [Moreno’s
to the members of the Law Dict., 2000 Ed., p. 365].
Congress under Art. VI, Sec. 2. A person who is in privity
11 of the 1987 Constitution with another. One who is a
from arrest, in all offenses partaker or has any part or
punishable by not more than interest in any action,
six years imprisonment, matter, or thing. [Black’s
while the Congress is in Law Dict., Abr. 5th Ed. (1983),
session. [Claridades, A., 627].
2006]. See Parliamentary Prize. Intl. Law. A thing
immunities. captured at sea in time of
war, such as a neutral
Privity. A legal relationship merchant vessel taken by a
sufficiently close and direct belligerent warship for
to support a legal claim on engaging in hostile activities
behalf of or against another or resisting visit and search,
900
or because of reasonable he was prosecuted. [Que v.

suspicion that it is liable to IAC, GR 66865, Jan. 13,
confiscation. [Cruz, Intl. Law 1989, 169 SCRA 137].
Reviewer, 1996 Ed., p. 152].
Probable cause, existence
Prize court. Intl. Law. A of. Requisites: (a) The judge
tribunal established by a (or) officer must examine
belligerent under its own the witnesses personally; (b)
laws, in its territory or in the the examination must be
territory of any of its allies, under oath; and (c) the
for the purpose of examination must be
determining the validity of reduced to writing in the
maritime captures. [Cruz, form of searching questions
Intl. Law Reviewer, 1996 Ed., and answers. [Marinas v.
p. 152]. Sioco, 104 SCRA 403,
Ponsica v. Ignalaga, GR
Probable aggressor. In the 72301, July 31, 1987, 152
natural order of things, the SCRA 647].
person who, before the
event in question, had felt Probable cause for a
aggrieved or offended. search warrant. Such facts
[Moreno’s Law Dict., 2000 and circumstances which
Ed., p. 366]. would lead a reasonably
discrete and prudent man to
Probable cause. 1. Such believe that an offense has
reasons, supported by facts been committed and that
and circumstances, as will the objects sought in
warrant a cautious man in connection with the offense
the belief that his action, are in the place sought to be
and the means taken in searched. [Burgos v. Chief of
prosecuting it, are legally Staff, GR 64261, Dec. 26,
just and proper. [Bernas, The 1984, 133 SCRA 800].
Const. of the Rep. of the
Phils.: A Commentary, Vol. I., Probable cause for the
1987 Ed., p. 86, citing People issuance of a warrant of
v. Sy Juco, 64 Phil. 674 arrest. Such facts and
(1937)]. 2. The existence of circumstances which would
such facts and lead a reasonably discreet
circumstances as would and prudent man to believe
excite the belief, in a that an offense has been
reasonable mind, acting on committed by the person
the facts within the sought to be arrested.
knowledge of the prosecutor, [Allado v. Diokno, 232 SCRA
that the person charged was 192 (1994)].
guilty of the crime for which
901
Probate. 1. The legal sentence, is released subject

procedure to determine to conditions imposed by the
whether a certain document court and to the supervision
claimed to be a last will and of a probation officer. [Sec.
testament is valid and 3, PD 968]. 2. An alternative
properly executed in to imprisonment allowing a
compliance with law. person found guilty of an
[Torres, Oblig. & Cont., 2000 offense to stay in the
Ed., p. 354]. 2. Court community, usually under
proceeding by which a will is conditions and under the
proved valid or invalid. All supervision of a probation
proceedings pertaining to officer. A violation of
the administration of estates probation can lead to its
such as the process by which revocation and to
assets are gathered; applied imprisonment. [Glossary of
to pay debts, taxes, and Legal Terms (Pro-Se), 2004].
expenses of administration; 3. A kind of punishment
and distributed to those given out as part of a
designated as beneficiaries sentence which means that
in the will. [Glossary of Legal instead of jailing a person
Terms (Pro-Se), 2004]. 3. convicted of a crime, a judge
The formal certificate given will order that the person
by a court that certifies that reports to a probation officer
a will has been proven, regularly and according to a
validated and registered and set schedule. [Duhaime's
which, from that point on, Legal Dict., 2004].
gives the executor the legal
authority to execute the will. Probationary. The word, as
[Duhaime's Legal Dict., used to describe the period
2004]. See Allowance of of employment, implies the
wills. purpose of the term or
period, but not its length.
Probate court. 1. The court [Intl. Catholic Migration
with authority to supervise Commission v. NLRC, GR
estate administration. 72222. Jan. 30, 1989].
(Pro-Se), 2004]. 2. The name Probationary employee. As
given to the court that has understood under Art. 282
this power to ratify wills. (now Art. 281) of the Labor
[Duhaime's Legal Dict., Code, one who is on trial by
2004]. an employer during which
the employer determines
Probation. 1. A disposition whether or not he is
under which a defendant, qualified for permanent
after conviction and employment. [Intl. Catholic
902
Migration Commission v.
NLRC, GR 72222. Jan. 30, Pro bono. Lat. Provided for
1989]. free. Pro bono publico means
for the public good.
Probationary employment. [Duhaime's Legal Dict.,
Employment which shall not 2004].
exceed six months from the
date the employee started Procedural due process.
working, unless it is covered That which hears before it
by an apprenticeship condemns, which proceeds
agreement stipulating a upon inquiry and renders
longer period. The services judgment only after trial. It
of an employee who has contemplates notice and
been engaged on a opportunity to be heard
probationary basis may be before judgment is rendered
terminated for a just cause affecting one's person or
or when he fails to qualify as property. [Macabingkil v.
a regular employee in Yatto, 21 SCRA 131 (1967),
accordance with reasonable citing Cruzcosa v.
standards made known by Concepcion, 101 Phil. 147
the employer to the (1957), Abuan v. Valera, 72
employee at the time of his SCRA 301(1976)]. Compare
engagement. An employee with Substantive due
who is allowed to work after process.
a probationary period shall
be considered a regular Procedural due process.
employee. [Art. 281, LC]. Common elements: (a)
Notice; and (b) opportunity
Probationer. A person placed to be heard. [Suarez, Pol.
on probation. [Sec. 3, PD Law Reviewer, 1st Ed., 2002,
968]. p. 98].
Probation Law of 1976. PD Procedural due process in

968. entitled “Establishing a administrative
probation system, proceedings.
appropriating funds therefor Requirements: (a) The right
and for other purposes” to a hearing which includes
signed into law on July 24, the right of the party
1976. interested or affected to
present his own case and
Probation officer. One who submit evidence in support
investigates for the court a thereof; (b) the tribunal must
referral for probation or consider the evidence
supervises a probationer or presented; (c) the decision
both. [Sec. 3, PD 968]. must have something to
903
support itself; (d) the Blanco Español-Filino, v.

evidence must be Palanca, GR L-11390. Mar.
substantial; (e) the decision 26, 1918]. Compare with
must be rendered on the Procedural due process in
evidence presented at the administrative
hearing, or at least proceedings.
contained in the record and
disclosed to the parties Procedural lapse or error.
affected; (f) the tribunal or Proceedings (which are
body or any of its judges deemed to be) null and void
must act on its or his own if and when the error is
independent consideration of shown to have caused harm.
the law and facts of the [Lindo v. Comelec, GR
controversy, and not simply 95016. Feb. 11, 1991].
accept the views of a
subordinate in arriving at a Procedural law. See
decision; (g) the tribunal or Adjective law.
body should, in all
controversial questions, Procedural law. Also
render its decision in such a Adjective private law. The
manner that the parties to means and methods of
the proceeding can know the setting the courts in motion,
various issues involved, and making the facts known to
the reasons for the decisions them and effectuating their
rendered. [Ang Tibay v. CIR, judgments. [Suarez, Stat.
GR 46496. Feb. 27, 1940]. Con., (1993), p. 39].
Procedural due process in Compare with Substantive
judicial proceedings. private law.
Procedural due process in Procedure. The means

judicial proceedings. whereby the court reaches
Requirements: (a) There out to restore rights and
must be a court of tribunal remedy wrongs, and
clothed with judicial power includes every step which
to hear and determine the may be taken from the
matter before it; (b) beginning to the end of a
jurisdiction must be lawfully case [Maritime Co. v.
acquired over the person of Paredes, GR L-24811. Mar. 3,
the defendant or over the 1967, citing 72 CJS 473].
property which is the subject
of the proceeding; (c) the Proceeding. A judicial,
defendant must be given an administrative, or other
opportunity to be heard; and adjudicative process,
(d) judgment must rendered including related pre-hearing
upon lawful hearing. [El motions, conferences and
904
disco-very. [Sec. 3, RA themselves, constitute

9285]. processing. [Sec. 3, RA
6135].
Process. It is equivalent to, or
synonymous with Processing plant. Any
proceedings or procedure mechanical set-up, machine
and embraces all the steps or combination of machine
and proceedings in a cause used for the processing of
from its commencement to logs and other forest raw
its conclusion. Sometimes, materials into lumber,
the term is also broadly veneer, plywood, wallboard,
defined as the means blackboard, paper board,
whereby a court compels pulp, paper or other finished
compliance with its wood product. [Sec. 3, Rev.
demands. [Macondray v. Forestry Code].
Bernabe, 67 Phil. 658,661
(1939), citing 50 CJ 441]. Processor. A person issued a
license to engage in the
Processed food or food treatment of minerals or ore-
products. Food that has bearing materials such as by
been subjected to some gravity concentration,
degree of processing like leaching benefication,
milling, drying, cyanidation, cutting, sizing,
concentrating, canning, or polishing and other similar
addition of some ingredients activities. [Sec. 3, RA 7076].
which changes partially or
completely the physico- Processual presumption.
chemical and/or sensory The presumption that, in the
characteristics of the food's absence of proof, the foreign
raw material. [Sec. 3, RA law is the same as the law of
8976]. the forum. [Miciano v. Brimo,
50 Phil. 867 (1924)].
Processing. Converting raw
materials into marketable Proces verbal. Intl. Law. The
form by a special treatment formal record of the
or a series of actions that proceedings or conference,
results in a change of the for which sometimes the
nature or state of the term “protocol” is used.
products, such as by [Coquia and Santiago, Intl.
slaughtering, milling, Law, 3rd Ed. (1998), p. 494].
pasteurizing, drying or
desiccating, quick freezing, Procuration. Agency; proxy;
and the like. Merely packing, the act of constituting
packaging, or sorting out another one’s attorney in
and classifying shall not, by fact. Indorsing a bill or note
905
“by procuration” is doing it authorized official, for

as proxy to another or by his national government
authority. [Black’s Law Dict., agencies; (ii) the governing
Abr. 5th Ed. (1983), 631]. board or its duly authorized
official, for government-
Procurement. 1. The owned and/or-controlled
acquisition of goods, corporations; or (iii) the local
consulting services, and the chief executive, for local
contracting for infrastructure government units. Provided,
projects by the procuring That in a department, office
entity. Procurement shall or agency where the
also include the lease of procurement is
goods and real estate. With decentralized, the Head of
respect to real property, its each decentralized unit shall
procurement shall be be considered as the Head of
governed by the provisions the procuring entity subject
of RA 8974. [Sec. 5, RA to the limitations and
9184]. 2. The acquisition of authority delegated by the
supplies or property, head of the department,
including non-personal office or agency. [Sec. 5, RA
services, by written order or 9184].
contract through bidding or
negotiation or by transfer Producer. Any individual or
under existing laws or group of individuals engaged
regulations. [IRR on Supply & in the production of movies,
Prop. Mgt., per Sec. 383, films, motion pictures, shows
LGC]. or advertisements, whether
on cinema, theater, radio or
Procuring entity. Any television, wherein the
branch, department, office, services of such
agency, or instrumentality of child/employee are hired.
the government, including [Sec. 2, RA 7658].
state universities and
colleges, government-owned Producer goods. Goods (as
and/or controlled tools and raw material) that
corporations, government are factors in the production
financial institutions, and of other goods and that
local government units satisfy wants only indirectly;
procuring goods, consulting also called auxiliary goods,
services and infrastructure instrumental goods,
projects. [Sec. 5, RA 9184]. intermediate goods. (They
are by their very nature not
Procuring entity, head of sold to the public for
the. (i) The head of the consumption.) [Marsman &
agency or his duly Co. v. First Coconut Central
906
Co., GR L-39841. June 20, export producer. [Sec. 3, RA

1988, citing Webster's 3rd 6135].
New Intl. Dict., 1971 Ed.].
Production infrastructure.
Producer of a sound Farm-to-market roads,
recording. The person, or irrigation, rural
the legal entity, who or electrification, ports, drying
which takes the initiative areas, public sites,
and has the responsibility for warehouses and other
the first fixation of the physical facilities used for
sounds of a performance or productivity enhancing
other sounds, or the services, extension
representation of sounds. management assistance,
[Sec. 202, RA 8293]. training, research and
development. [Sec. 4, RA
Producers cooperative. One 7607].
that undertakes joint
production whether Productivity Incentives Act
agricultural or industrial. of 1990. RA 6971 entitled
[Art. 23, RA 6938]. “An Act to encourage
productivity and maintain
Producing patented industrial peace by providing
mineral claims. Those incentives to both labor and
claims producing minerals capital” enacted on Nov. 22,
for commercial purposes. 1990.
[Sec. 18, PD 464].
Productivity incentives
Product. Anything that is program. A formal
produced, whether as the agreement established by
result of generation, growth, the labor-management
labor or thought. [Molina v. committee containing a
Rafferty, 38 Phil. 171; 50 process that will promote
CJS, pp. 631-632]. gainful employment,
improve working conditions
Production cost. The total of and result in increased
the cost of direct labor, raw productivity, including cost
materials, and savings, whereby the
manufacturing overhead, employees are granted
determined in accordance salary bonuses proportionate
with generally accepted to increases in current
accounting principles, which productivity over the
are incurred in average for the preceding
manufacturing or processing three (3) consecutive years.
the products of a registered The agreement shall be
ratified by at least a majority
907
of the employees who have Commission such as doctors,

rendered at least six (6) dentists, certified public
months of continuous accountants and others
service. [Sec. 4, RA 6971]. similarly situated. [Sec. 2,
RA 7496].
Product liability. Legal
responsibility of Professional squatters.
manufacturers and sellers to Individuals or groups who
buyers, users, and occupy lands without the
bystanders for damages or express consent of the
injuries suffered because of landowner and who have
defects in goods. [Jurist’s sufficient income for
Legal Dict., 2004]. legitimate housing. The term
shall also apply to persons
Profectitious property. who have previously been
Property given by the awarded homelots or
parents to the minor child for housing units by the
the latter to administer. It is Government but who sold,
owned by the parents who leased or transferred the
are also the usufructuary of same to settle illegally in the
the property. Compare with same place or in another
Adventitious property. urban area, and non-bona
fide occupants and intruders
Professional. One who of lands reserved for
pursues an art and makes socialized housing. The term
his living therefrom such as shall not apply to individuals
artists, athletes and others or groups who simply rent
similarly situated. [Sec. 2, land and housing from
RA 7496]. professional squatters or
squatting syndicates. [Sec.
Professional reinsurer. Any 3, RA 7279].
person, partnership,
association or corporation Profit. 1. The series of an
that transacts solely and amount received over the
exclusively reinsurance amount paid for goods and
business in the Philippines. services. [Nicolas v. CA, GR
[Sec. 280, IC]. 122857. Mar. 27, 1998,
citing Barron's Law Dict.,
Professionals. Persons who 1991]. 2. The excess of
derive their income from the return over expenditure in a
practice of their profession. transaction or series of
This includes lawyers and transactions. [Nicolas v. CA,
other persons who are GR 122857. Mar. 27, 1998,
registered with the citing Webster's 3rd New Intl.
Professional Regulation Dict., Unabr., 1986].
908
facts or circumstances which

Profiteering. The sale or would qualify said evidence
offering for sale of any basic as newly discovered. [Dapin
necessity or prime v. Dionaldo, GR 55488. May
commodity at a price grossly 15, 1992].
in excess of its true worth.
[Sec. 5, RA 7581]. Pro forma motion for
reconsideration. 1. A
Pro forma. As a matter of motion which raises as a
form; in keeping with a form ground that the judgment is
or practice. [Duhaime's against the evidence
Legal Dict., 2004]. presented and is against the
law without pointing out the
Pro-forma motion. A motion findings and
that merely advances facts pronouncements made in
or arguments that were that judgment that were
already available when the contrary to evidence and the
preceding motion for law. [Moreno’s Law Dict.,
reconsideration was 2000 Ed., p. 366]. A motion
submitted. Such succeeding for reconsideration which is
motion should not interrupt but a reiteration of the
any procedural period by the reasons and arguments
Rules of Court. [PAL v. Arca, previously set forth in
19 SCRA 300]. movant’s memorandum but
which has already been
Pro-forma motion for new considered, weighed and
trial. 1. A motion for new resolved adversely to him in
trial based exactly on the the decision rendered on the
very ground alleged in the merits. [Ibid.].
motion for reconsideration,
which does not suspend the Pro-forma parties. Those
period granted by law for who are required to be
perfecting an appeal. joined as co-parties in suits
[Samudio v. Municipality of by or against another party
Gainza, 100 Phil. 1013 as may be provided by the
(1957)]. 2. A motion for new applicable substantive law or
trial where the evidence procedural rule. [Claridades,
claimed to be newly A., Compilation of Notes,
discovered is not specifically 2001-2006].
described in the motion.
[See Loria v. CA, 6 SCRA Program. The functions and
1067 (1962)]. 3. A motion for activities necessary for the
new trial on the ground of performance of a major
newly discovered evidence purpose for which a
which does not set forth government agency is
909
established. [Sec. 2, Chap. 1, whether natural or synthetic,

Book VI, EO 292]. with the physiological effects
of a narcotic drug. [Sec. 2,
Progressive tax. Also RA 6425]. 2. This includes
Graduated tax. 1. Tax the opium, cocaine, alpha and
rate of which increases as beta eucaine, Indian hemp,
the tax base or bracket their derivatives, and all
decreases. [De Leon, preparations made from
Fundamentals of Taxation, them or any of them, and
2000 Ed., p. 15]. 2. A tax in such other drugs, whether
which the rate of taxation natural or synthetic, having
increases as income physiological action as a
increases. [Intl. Law Dict. & narcotic drug. [Art. 190,
Direct., 2004]. RPC].
Progressive taxation. Prohibited transactions.

Taxation the rate of which Crim. Law. The felony
goes up depending on the committed by any
resources of the person appointive public officer
affected. [Reyes v. who, during his incumbency,
Almanzor, GR 49839-46. Apr. shall directly or indirectly
26, 1991]. Compare with become interested in any
Equitable taxation. transaction of exchange or
speculation within the
Pro hac vice. Lat. For this territory subject to his
turn; for this one particular jurisdiction. [Art. 215, RPC].
occasion. [Black’s Law Dict.,
Abr. 5th Ed. (1983), 633]. Prohibited pleadings and
motions. Pleadings,
Prohibited drug. 1. This motions, or petitions not
includes opium and its active allowed in the cases covered
components and derivatives, by under Sec. 19 of the
such as heroin and Revised Rules on Summary
morphine; coca leaf and its Procedure. [Bayview Hotel v.
derivatives, principally CA, GR 119337. June 17,
cocaine; alpha and beta 1997].
eucaine; hallucinogenic
drugs, such as mescaline, Prohibited publication of
lysergic acid diethylamide acts referred to in the
(LSD) and other substances course of official
producing similar effects; proceedings. Crim. Law.
Indian hemp and its The felony committed by any
derivates; all preparations reporter, editor or manager
made from any of the or a newspaper, daily or
foregoing; and other drugs, magazine, who shall publish
910
facts connected with the any tribunal, corporation,

private life of another and board, or person, whether
offensive to the honor, virtue exercising functions judicial
and reputation of said or ministerial, are without or
person, even though said in excess of its or his
publication be made in jurisdiction, or with grave
connection with or under the abuse of discretion, and
pretext that it is necessary there is no appeal or any
in the narration of any other plain, speedy, and
judicial or administrative adequate remedy in the
proceedings wherein such ordinary course of law, a
facts have been mentioned. person aggrieved thereby
[Art. 357, RPC]. may file a verified petition in
the proper court alleging the
Prohibition. A legal facts with certainty and
restriction against the use of praying that judgment be
something or against certain rendered commanding the
conduct. [Duhaime's Legal defendant to desist from
Dict., 2004]. further proceedings in the
action or matter specified
Prohibition, interruption therein. [Sec. 2, Rule 65,
and dissolution of RoC]. 2. Preventive action
peaceful meetings. Crim. intended to stop the court,
Law. The felony committed corporation, board or person
by any public officer or exercising judicial or
employee: (a) who, without ministerial functions from
legal ground, shall prohibit the usurping or exercising
or interrupt the holding of a jurisdiction which it/he does
peaceful meeting, or shall not have. Prohibition does
dissolve the same; or (b) not undo action but
who shall hinder any person restraints further
from joining any lawful proceedings. An aggrieved
association or from party may file this petition if
attending any of its there is no appeal or any
meetings, or (c) who shall other plain, speedy or
prohibit or hinder any person adequate remedy in the
from addressing, either ordinary course of law which
alone or together with will prevent the performance
others, any petition to the of some act. [Claridades, A.,
authorities for the correction Compilation of Notes, 2001-
of abuses or redress of 2006].
grievances. [Art. 131, RPC].
Prohibitive laws, rule on.
Prohibition, petition for. 1. The rule that prohibitive laws
When the proceedings of concerning persons, their
911
acts or property, and those Project. A component of a

which have for their object program covering a
public order, public policy homogenous group of
and good customs shall not activities that results in the
be rendered ineffective by accomplishment of an
laws, or judgments identifiable output. [Sec. 2,
promulgated, or by Chap. 1, Book VI, EO 292].
determinations or
conventions agreed upon in Project employees. Those
a foreign country. [Art. 17, assigned to carry out a
CC]. "specific project or
undertaking," the duration
Prohibitory injunction. (and scope) of which were
Rem. Law. An injunction that specified at the time the
operates to restrain the employees were engaged for
commission or continuance that project. [ALU-TUCP v.
of an act and to prevent NLRC, GR 109902. Aug. 2,
threatened injury. It 1994].
commands a person to
refrain from doing an act. Its Project employment. Labor.
sole objective is to preserve An employment where the
the status quo until the employees are employed in
merits can be heard. connection with a particular
[Moreno’s Law Dict., 2000 construction project. [Poquiz,
Ed., p. 369]. 2. The relief Labor Rel. Law, 1999 Ed. p.
demanded in the plaintiff's 318].
complaint which consists in
restraining the commission Project proponent. The
or continuance of the act private sector entity which
complained of, either shall have contractual
perpetually or for a limited responsibility for the project
period, and the other and which shall have an
conditions required by Sec. adequate financial base to
3, Rule 58 of the Rules of implement said project
Court are present. The consisting of equity and firm
purpose of this provisional commitments from
remedy is to preserve the reputable financial
status quo of the things institutions to provide, upon
subject of the action during award, sufficient credit lines
the pendency of the suit. to cover the total estimated
[Calo v. Roldan, GR L-252. cost of the project. [Sec. 2,
Mar. 30, 1946]. Compare RA 7718].
with Mandatory
injunction. Prolonging performance of
duties and powers. The
912
continuing exercise by any would result in other

public officer of the duties injustice. [Ramos v. Central
and powers of his office, Bank, GR L-29352, Oct. 4,
employment or commission, 1971, 41 SCRA 565]. 2. A
beyond the period provided promise which estops the
by law, regulation or special promisee from asserting or
provisions applicable to the taking certain action.
case. [Art. 237, RPC]. [Glossary of Legal Terms
(Pro-Se), 2004].
Promisee. 1. An individual to
whom a promise is made. Promissory note. 1. An
[Glossary of Legal Terms unconditional promise in
(Pro-Se), 2004]. 2. A person writing made by one person
who is to be the beneficiary to another, signed by the
of a promise, an obligation maker, engaging to pay on
or a contract. [Duhaime's demand, or at a fixed or
Legal Dict., 2004]. determinable future time, a
Synonymous to Obligee. sum certain in money to
order or to bearer. Where a
Promissor. 1. An individual note is drawn to the maker's
who makes a promise. own order, it is not complete
[Glossary of Legal Terms until indorsed by him. [Sec.
(Pro-Se), 2004]. 2. The 184, NIL]. 2. An
person who has become unconditional, written and
obliged through a promise signed promise to pay a
(usually expressed in a certain amount of money, on
contract) towards another, demand or at a certain
the intended beneficiary of defined date in the future.
the promise being referred Contrary to a bill of
to as the promisee. exchange, a promissory note
[Duhaime's Legal Dict., is not drawn on any third
2004]. Also sometimes party holding the payor's
referred to a Obligor. money; it is a direct promise
from the payor to the payee.
Promissory estoppel. 1. An [Duhaime's Legal Dict.,
estoppel that may arise from 2004]. Compare with Bill of
the making of a promise, exchange.
even though without
consideration, if it was Promissory warranty. 1. A
intended that the promise statement in a policy which
should be relied upon and in imparts that it is intended to
fact it was relied upon, and if do or not to do a thing which
a refusal to enforce it would materially affects the risk
be virtually to sanction the and that such act or
perpetration of fraud or omission shall take place.
913
[Sec. 72, IC]. 2. A kind of Promotions. An event or

warranty that is in the activity organized by or on
nature of a condition behalf of a tobacco
subsequent, and a breach manufacturer, distributor or
thereof invalidates the policy retailer with the aim of
from the time of breach. promoting a brand of
[Tiopianco, Commentaries & tobacco product, which
Jurisp. on the Ins. Code of event or activity would not
the Phil., 1999 Ed., p. 74]. occur but for the support
given to it by or on behalf of
Promoter. A person who, the tobacco manufacturer's
acting alone or with others, name, trademark, logo, etc.
takes initiative in founding on non-tobacco products.
and organizing the business [Sec. 4, RA 9211].
or enterprise of the issuer
and receives consideration Promotion shares. Corp.
therefor. [Sec. 3, RA 8799]. Law. (a) Such shares as are
issued to those who may
Promoter of a company or originally own the mining or
a proposed company. A valuable rights connected
person who, acting alone or therewith, in consideration of
in concert with other their deeding the same to
persons, is initiating or the mining company when
directing, or has within one the company is incorporated,
year initiated or directed, or (b) such shares as are
the organization of such issued to promoters, or
company. [Sec. 3, RA 2629]. those in some way
interested in the company,
Promotion. Admin. Law. 1. or for services rendered in
The advancement from one launching or promoting the
position to another with an welfare of the company,
increase in duties and such as advancing the fees
responsibilities as authorized for incorporating,
by law, and usually advertising, attorney’s fees,
accompanied by an increase surveying, etc. [De Leon,
in salary. [Millares v. Subido, Corp. Code of the Phil.
20 SCRA 954, 962 (1967)]. 2. Annotated, 1989 Ed., p. 63,
It involves a lateral change citing 11 Fletcher, p. 48].
as opposed to a scalar
ascent. [Sentinel Security Prompt. Done without delay.
Agency, Inc. v. NLRC, GR [Moreno’s Law Dict., 2000
122468. Sep. 3, 1998]. Ed., p. 370].
Compare with Transfer.
Promulgation. 1. The
process by which a decision
914
is published, officially keeping in mind the

announced, made known to presumption of innocence,
the public or delivered to the as precludes every
clerk of court for filing, reasonable hypothesis
coupled with notice to the except that which it is given
parties or their counsel. to support. It is not sufficient
[Neria v. Comm. of for the proof to establish a
Immigration, L-24800, May probability, even though
27, 1968, 23 SCRA 812]. 2. strong, that the fact charged
The delivery of a court is more likely to be true than
decision to the clerk of court the contrary. It must
for filing and publication. establish the truth of the fact
[Araneta v. Dinglasan, 84 to a reasonable and moral
Phil. 433]. 3. The filing of the certainty — a certainty that
signed decision with the convinces and satisfies the
clerk of court. [Sumbing v. reason and the conscience
Davide, GR 86850-51, July of those who are to act upon
20, 1989]. Compare with it. [Moreno, Phil. Law Dict.,
Rendition. 1972 Ed., p. 379, citing US v.
Reyes, 3 Phil. 3].
Promulgation of judgment.
The reading of a judgment or Proof of service. Evidence
sentence in the presence of submitted by a process
the accused and the judge of server that he has made
the court who rendered it; it service on a defendant in an
is not the date of the writing action. It is also called a
of the decision or judgment. return of service. [Black’s
[Enriquez v. Villarta, AM MTJ- Law Dict., Abr. 5th Ed. (1983),
02-1398, Feb. 27, 2002]. p. 635].
Proof. The degree or kind of Proof of the corpus delicti.

evidence which will produce Proof indispensable in the
full conviction, or establish prosecution of all kinds of
the proposition to the criminal offenses, corpus
satisfaction of the court. delicti being taken to mean
[Francisco, Evidence, Vol. the substance of the crime,
VII, Part 1, 1997 Ed., p. 2]. or the fact that a crime has
actually been committed.
Proof beyond reasonable [People v. Madlangbayan, 94
doubt. 1. Proof that calls for SCRA 679].
moral certainty of guilt.
[People v. Raquel, GR Proof of the truth. The truth
119005. Dec. 2, 1996]. 2. which may be given in
Such proof to the evidence to the court in
satisfaction of the court, every criminal prosecution
915
for libel and which, if it look-out and who is

appears that the matter stationed where he can see
charged as libelous is true, and hear best and maintain
and, moreover, that it was good communication with
published with good motives the officer in charge of the
and for justifiable ends, shall vessel, and who must, of
acquit the defendants. [Art. course, be vigilant. [Smith
361, RPC]. Bell and Co. (Phils.), Inc. v.
CA, GR 56294. May 20,
Proof liter. A liter of proof 1991].
spirits. [Sec. 141, NIRC, as
amended]. Properly applicable law.
The law which has the
Proof spirits. Liquor closest and most real
containing one-half (1/2) of connection (or most
its volume of alcohol of a significant relationship) with
specific gravity of seven the contract or tort, based
thousand nine hundred and upon the connecting factors
thirty-nine ten thousandths (contacts). [Tetley, Glossary
(0.7939) at fifteen degrees of Conflict of Laws, 2004].
centigrade (15ºC). [Sec. 141,
NIRC, as amended]. Proper name. See Given
name.
Proper action. An entirely
separate and distinct action Proper party. 1. One which
from that in which execution ought to be a party if
has issued, if instituted by a complete relief is to be
stranger to the latter suit. accorded as between those
[Ong v. Tating, 149 SCRA already parties. [Laperal
265, 277, citing Bayer Phil. Devt. Corp. v. CA, GR 96354.
v. Agana, 63 SCRA 355]. June 8, 1993]. 2. One who
has sustained or is in danger
Proper law. The principle of of sustaining an injury as a
conflict of laws according to result of the act complained
which the law applicable to a of. [Garcia v. Exec. Sec., GR
given legal situation should 100883. Dec. 2, 1991]. See
be the law having the closest Indispensable party.
and most real connection to
the case. [Tetley, Glossary of Property. 1. All things which
Conflict of Laws, 2004]. are or may be the object of
appropriation. They are
Proper look-out. Mar. Law. considered either: (a)
One who has been trained as Immovable or real property;
such and who is given no or (b) movable or personal
other duty save to act as a property. [Art. 414, CC]. 2.
916
All real and personal defective conveyances which

property, including but not represent a cloud of doubt
limited to: water, water on the validity of documents.
rights, works, easements, [Memo. from the Exec. Sec.
rights of way. [Sec. 3, PD dated Aug. 20, 1998].
198].
Property of public
Property classification. The dominion. 1. (a) Those
classification of property intended for public use, such
based on ownership. These as roads, canals, rivers,
classifications are the torrents, ports and bridges
following: (a) public domain constructed by the State,
— properties intended for banks, shores, roadsteads,
public use, public service or and others of similar
for the development of character; (b) those which
national wealth; (b) belong to the State, without
patrimonial property — being for public use, and are
properties owned by the intended for some public
state but are not intended service or for the
for public use, public service development of the national
or for the development of wealth. [Art. 420, CC]. 2.
national wealth; and (c) Things held by the State by
private ownership — regalian right. They are
property belonging to things res publicae in nature
private persons either and hence, incapable of
individually or collectively. private appropriation. [Rep.
[Memo. from the Exec. Sec. v. Alagad, GR 66807. Jan. 26,
dated Aug. 20, 1998]. 1989].
Property limitation Property ownership. The

hazards. The restrictions on entity who owns the
ownership and use of the property lands as private
property. These include (a) individuals in the state.
limitations imposed by law, [Memo. from the Exec. Sec.
e.g. legal easement, zoning dated Aug. 20, 1998].
advances; (b) limitations set
by the owner such as the Property regime of unions
owner of a subdivision without marriage. The
imposes a height property relations between a
requirement on all buildings man and a woman who are
to be erected; (c) limitations capacitated to marry each
imposed by the owner who other, live exclusively with
conveyed the property such each other as husband and
as the conditions in the Deed wife without the benefit of
of Donation; and (d) marriage or under a void
917
marriage, whereby their total amount owned by him

wages and salaries shall be during the year. It is
owned by them in equal ordinarily assessed at stated
shares and the property periods determined in
acquired by both of them advance, and collected at
through their work or appointed times, and its
industry shall be governed payment is usually enforced
by the rules on co- by sale of the property
ownership. [Art. 147, FC]. taxed, and in occasionally,
by imprisonment of the
Property Registration person assessed. [Villanueva
Decree. PD 1529 entitled v. City of Iloilo, GR L-26521.
“Amending and codifying the Dec. 28, 1968, citing 51 Am.
laws relative to registration Jur. 57]. 2. Tax(es) levied on
of property and for other land and buildings (real
purposes” signed into law on estate) and on personal
June 11, 1978. property. [Glossary of Legal
Property responsibility. The
obligation of an individual for Property utilization. The
the proper custody, care and usage which will be adopted
safekeeping of property for the property — whether
entrusted to his possession for commercial, agricultural
or under his supervision. or residential purposes, or a
[IRR on Supply & Prop. Mgt., mix of these. [Memo. from
per Sec. 383, LGC]. the Exec. Sec. dated Aug.
20, 1998].
Property taxes. 1. Taxes
assessed on all property or Prophylactic. Any agent or
on all property of a certain device used to prevent the
class located within a certain transmission of a disease.
territory on a specified date [Sec. 4, RA 8496].
in proportion to its value, or
in accordance with some Propina. Earnest money,
other reasonable method of gratuity or fee. [Moreno’s
apportionment, the Law Dict., 2000 Ed., p. 372].
obligation to pay which is
absolute and unavoidable Propinquity. Nearness in
and it is not based upon any place; close-by. Also used to
voluntary action of the describe relationships as
person assessed. A property synonymous for kin.
tax is ordinarily measured by [Duhaime's Legal Dict.,
the amount of property 2004].
owned by the taxpayer on a
given day, and not on the
918
Proportional tax. Tax based of all its Members; or (b) a

on a fixed percentage of the Constitutional Convention; or
amount of the property, (c) the people through
receipts, or other basis to be initiative. [Suarez, Pol. Law
taxed. [De Leon, Reviewer, 1st Ed., 2002, p.
Fundamentals of Taxation, 15].
2000 Ed., p. 15].
Proposal bond. Also Bid
Proportionate or bond. A bond which has for
comparative fault. The its purpose to assure the
rule for apportioning owner of the project of the
damages in tort or delict, good faith of the bidder and
whereby each party whose that the bidder will enter into
fault has contributed to the a contract with the project
total loss or damage is held owner should his proposal be
liable for that loss or accepted. [Eastern
damage in a proportion Assurance & Surety Corp. v.
corresponding to that party's IAC, GR 69450. Nov. 22,
fault or negligence. At 1989]. Compare with
common law, however, Performance bond.
proportionate (comparative)
fault only replaced the old Proposal to commit a
common law contributory felony. It exists when the
negligence rule which person who has decided to
precluded any recovery by a commit a felony proposes its
plaintiff whose fault or execution to some other
negligence had contributed person or persons. [Art. 8,
to his loss or damage in RPC].
even the slightest degree.
[Tetley, Glossary of Conflict Proposition. The measure
of Laws, 2004]. proposed by the voters.
[Sec. 3, RA 6735].
Proposal. 1. Intl. Law. A
diplomatic document Propositus. The second
containing an offer to settle person involved in reserva
a dispute. [Coquia and troncal who is the
Santiago, Intl. Law, 3rd Ed. descendant from whom the
(1998), p. 494]. 2. Pol. Law. property is directly acquired
The motion of initiating by the ascendant reservista.
suggestions or proposals on Also known as Descendant-
the amendment or revision propositus. [Jurado,
(of the Philippine Comments & Jurisp. on
Constitution) which may Succession, 1991 8th Ed., p.
either be by (a) Congress, 256].
upon a vote of three-fourths
919
Proprietary educational v. De Aldaba, GR L-1053.

institution. Any private Mar. 30, 1960, citing Vol. II
school maintained and Merriam-Webster, 2nd Ed., p.
administered by private 1986]. 2. Owner; person who
individuals or groups with an has legal right or title to
issued permit to operate anything. [Glossary of Legal
from the Department of Terms (Pro-Se), 2004].
Education (DEP-ED), or the
Commission on Higher Pro rata. Lat. 1. In proportion
Education (CHED), or the or ratably, or a division
Technical Education and according to share, interest
Skills Development Authority or liability of each (Carried
(TESDA), as the case may Lumber Co. v. ACCFA, GR L-
be, in accordance with 21836. Apr. 22, 1975, citing
existing laws and Art. 2249, CC and 72 CJS.
regulations. [Sec. 27, NIRC, 967-8). 2. To divide
as amended]. proportionate to a certain
rate or interest. [Duhaime's
Proprietary function. Also Legal Dict., 2004].
Ministrant function. Pol.
Law. A service which might Pro se. Lat. 1. In one's
as well be provided by a personal behalf. [Duhaime's
private corporation, and Legal Dict., 2004]. 2. For
particularly when it collects himself; in his own behalf.
revenues from it, as to which One who does not retain a
there may be liability for the lawyer and appears for
torts of agents within the himself in court. [Jurist’s
scope of their employment. Legal Dict., 2004]. Contrast
[Fontanilla v. Maliaman, GR with Pro socio.
55963 & 61045. Feb. 27,
1991]. Compare with Prosecute. 1. To begin and to
Governmental or carry on a legal proceeding.
Constituent function. [Camanag v. Guerrero, GR
121017. Feb. 17, 1997]. 2. It
Proprietor. 1. One who has marks the commencement
the legal right of exclusive of a criminal prosecution and
title to anything, whether in precedes and determines
possession or not; an owner, the filing of an information.
sometimes, especially in [City Fiscal v. Phil. Banking
statutory construction, in a Corp., 53694-R, Sep. 28,
wider sense, a person having 1977 cited in Moreno, Phil.
interest less than absolute Law Dict.].
and exclusive right, as the
usufruct, present control and Prosecution. 1. A criminal
use, of property. [Blaquera action: a proceeding
920
instituted and carried on by Law Reviewer, 1st Ed., 2002,

due course of law, before a p. 10]. Compare with
competent tribunal, for the Contemporaneous
purpose of determining the construction by executive
guilt or innocence of a officers.
person charged with crime.
[Camanag c. Guerrero, GR Prospectivity. Also
121017. Feb. 17, 1997, Irretrospectivity. A
citing Black's Law Dict.]. 2. A characteristic of criminal law
criminal action: a proceeding where the law is deemed not
instituted and carried on by to have any retroactive
due course of law, before a effect, except if it favors the
competent tribunal, for the offender unless he is a
purpose of determining the habitual delinquent [Art. 22,
guilt or innocence of a RPC] or the law otherwise
person charged with crime. provides. [Gregorio, Fund. of
Crim. Law Rev., 1997 9th Ed.,
Prosecutor. A trial lawyer p. 2].
representing the
government in a criminal Prospectivity rule.
case and the interests of the Exceptions [as collated in
state in civil matters. In Paras, Civil Code of the Phil.
criminal cases, the Annotated, 1984 ed., Vol. 1,
prosecutor has the pp. 22-23]: (a) Laws
responsibility of deciding remedial in nature; (b) penal
who and when to prosecute. law favorable to accused, if
[Glossary of Legal Terms latter not habitual
(Pro-Se), 2004]. delinquent; (c) laws of
emergency nature under
Pro socio. Lat. On behalf of a police power: e.g., tenancy
partner; not on one's relations [Vda. de Ongsiako
personal behalf. [Duhaime's v. Gamboa, 47 OG 4259,
Legal Dict., 2004]. Contrast Valencia v. Surtida, May 31,
with Pro se. 1961]; (d) curative laws; (e)
substantive right declared
Prospective construction. A for the first time unless
rule that all statutes are to vested rights are impaired.
be construed as having only [Unson v. del Rosario, Jan.
prospective operation unless 29, 1953; Belen v. Belen, 49
the purpose and intention of OG 997; People v. Alejaga,
the legislature to give them 49 OG 2833].
retrospective effect is
expressly declared or is Prospectus. 1. The document
necessarily implied from the made by or an behalf of an
language used. [Suarez, Pol. issuer, underwriter or dealer
921
to sell or offer securities for A., Compilation of Notes,

sale to the public through 2001-2006].
registration statement filed
with the Tariff Commission. Protected area. Identified
[Sec. 3, RA 8799]. 2. A portions of land and water
document in which a set aside by reason of their
corporation sets out the unique physical and
material details of a share or biological significance,
bond issue and inviting the managed to enhance
public to invest by biological diversity and
purchasing these financial protected against
instruments. [Duhaime's destructive human
Legal Dict., 2004]. exploitation. [Sec. 4, RA
7586].
Prostitutes. 1. Women who,
for money or profit, Protected landscapes or
habitually indulge in sexual seascapes. Areas of
intercourse or lascivious national significance which
conduct. [Art. 202, RPC]. 2. are characterized by the
Persons who offer sexual harmonious interaction of
intercourse for hire. man and land while
[Duhaime's Legal Dict., providing opportunities for
2004]. public enjoyment through
recreation and tourism
Prostitution. 1. Any act, within the normal lifestyle
transaction, scheme or and economic activity of
design involving the use of a these areas. [Sec. 4, RA
person by another, for 7586].
sexual intercourse or
lascivious conduct in Protection Order. An order
exchange for money, profit issued under this act for the
or any other consideration. purpose of preventing
[Sec. 3, RA 9208]. 2. A crime further acts of violence
against public morals, against a woman or her child
committed by a woman, specified in Section 5 of RA
whether married or not, who, 9262 and granting other
for money or profit, necessary relief. The relief
habitually indulges in sexual granted under a protection
intercourse or lascivious order serve the purpose of
conduct. [People v. Hong, GR safeguarding the victim from
L-27830. May 29, 1970]. further harm, minimizing any
disruption in the victim's
Pro tanto. Lat. For so much; daily life, and facilitating the
for as much as may be; as opportunity and ability of the
far as it goes. [Claridades, victim to independently
922
regain control over her life. (b) that the appointee is not
[Sec. 8, RA 9262]. See also the next-in-rank; and (c) in
Temporary Protection case of appointment by
Order and Permananent transfer, reinstatement, or
Protection Order. by original appointment, that
the protestant is not
Protective principle. satisfied with the written
Doctrine that a court has special reason or reasons
criminal jurisdiction if the given by the appointing
national interest is injured. authority. [Aquino v. CSC,
[Intl. Law Dict. & Direct., GR No. 92403. Apr. 22,
2004]. 1992].
Protectorate. Intl. Law. A Protest. Nego. Inst. 1. A

state established at the formal document made
request of the weaker state under the hand and seal of a
for the protection of a strong Notary Public certifying to
power. Compare with the circumstances of a
Suzerainty. foreign bill. [Diaz, Bus. Law
Rev., 1991 Ed., p. 372]. 2.
Protector or coddler. Any Formal certification that a
person who lends or negotiable instrument was
provides protection, or dishonored by a party liable
receives benefits in any for its payment. [Intl. Law
manner in the operation of Dict. & Direct., 2004].
any illegal numbers game.
[Sec. 2, RA 9287]. Protest. Prop. Mgt. The
objection to a contemplated
Pro tempore. Lat. Something or actual award. [IRR on
done temporarily only and Supply & Prop. Mgt., per Sec.
not intended to be 383, LGC].
permanent. [Duhaime's
Legal Dict., 2004]. Protest bond. Prop. Mgt. A
bond in cash, certified or
Protest. Admin. Law. A mode cashier's check, or surety
of action that may be availed required of protestants
of by the aggrieved party to against awards. [IRR on
contest the appointment Supply & Prop. Mgt., per Sec.
made, and the protest must 383, LGC].
be "for cause" or predicated
on those grounds provided Protocol. Intl. Law. 1. An
for under Sec. 19 par. (6) of instrument which amends or
the Civil Service Law (PD supplements an existing
807) namely: (a) that the treaty or convention.
appointee is not qualified; Sometimes, it is referred to
923
also in a loose manner as an may be determined by the

ordinary agreement. 2. A (Securities and Exchange)
supplementary agreement to Commission (SEC). He is not
a convention that adds to or a receiver of the corporation
changes some provision of and does not have the title
the convention only for the and powers of a custodian or
states parties who adopt the receiver. He has all the
protocol. [Intl. Law Dict. & rights and powers of a duly
Direct., 2004]. elected director of the
corporation, including the
Protocol de cloture. See Act right to notice of and to vote
or Final act. at meetings of directors,
until such time as he shall be
Provincial certificate of removed by order of the
canvass of votes. A (SEC) or by all the
document containing the stockholders. [Sec. 104,
total votes in words and in Corp. Code].
figures obtained by each
candidate in a province. Provisional remedy. Rem.
[Sec. 2, RA 8046]. Law. A collateral proceeding,
permitted only in connection
Provisional absence. The with a regular action, and as
disappearance of a person one of its incidents; one
from his domicile, his which is provided for present
whereabouts being need, or for the occasion,
unknown, and without that is, one adapted to meet
leaving an agent to a particular exigency. [Feria
administer his property, at and Noche, Civ. Pro.
which instance, the judge, at Annotated, Vol. 1, 2001 Ed.,
the instance of an interested p. 261, citing 1 CJ, Actions,
party, a relative, or a friend, 39].
may appoint a person to
represent him in all that may Provisional takeover. A
be necessary. [Art. 381, CC]. remedy authorized under
Compare with Declared Sec. 3 (c) of EO 1 (1986)
absence. where what is taken into
custody is not only the
Provisional director. Corp. physical assets of the
Law. An impartial person business enterprise or entity
who is neither a stockholder taken over by the
nor a creditor of the government of the Marcos
corporation or of any Administration or by entities
subsidiary or affiliate of the or persons close to former
corporation, and whose President Marcos, but the
further qualifications, if any, business operation as well.
924
[Bataan Shipyard Eng’g. Co. [38 Am. Jur. 695]. 3. The last
Inc. v. PCGG, GR 75885. May negligent act which
27, 1987]. contributes to an injury. A
person generally is liable
Provisos. A clause added to only if an injury was
an enactment for the proximately caused by his or
purpose of acting as a her action or by his or her
restraint upon or as a failure to act when he or she
qualification of, the had a duty to act. [Jurist’s
generality of the language Legal Dict., 2004].
which it follows. [Suarez,
Stat. Con., (1993), p. 48]. Proximate legal cause. That
acting first and producing
Proxies. See Proxy. the injury, either
immediately or by setting
Proximate. That immediately other events in motion, all
preceding or following (as in constituting a natural and
a chain of events, causes or continuous chain of events,
effects). [Webster's 3rd New each having a close causal
Intl. Dict., 1993]. connection with its
immediate predecessor, the
Proximate cause doctrine. final event in the chain
1. Any cause which, in immediately effecting the
natural and continuous injury as a natural and
sequence, unbroken by any probable result of the cause
efficient intervening cause, which first acted, under such
produces the result circumstances that the
complained of and without person responsible for the
which would not have first event should, as an
occurred and from which it ordinarily prudent and
ought to have been foreseen intelligent person, have
or reasonably anticipated by reasonable ground to expect
a person of ordinary case at the moment of his act or
that the injury complained of default that an injury to
or some similar injury, would some person might probably
result therefrom as a natural result therefrom. (Urbano v.
and probable consequence. IAC, GR 72964, Jan. 7, 1988,
[People v. Desalina, 57 OG 157 SCRA 1, quoting Vda. De
8694]. 2. That cause which, Bataclan v. Medina, 102 Phil.
in natural and continuous 181).
sequence, unbroken by any
efficient intervening cause, Proximity of relationship.
produces the injury and See Relationship
without which the result proximity.
would not have occurred.
925
Proximity rule. The rule that, irreversible. As a legal

in every inheritance, the ground for the annulment of
relative nearest in degree the marriage, or for the
excludes the more distant declaration of the nullity of
ones, saving the right of the marriage, the condition
representation when it must have existed at the
properly takes place. [Art. time of the marriage even if
962, CC]. it manifested only at a later
time. [Olarte, Legal Med., 1st
Proxy. 1. The representative Ed. (2004), p. 146].
of a stockholder or member
duly authorized in writing to Psychological violence.
vote in all meetings of Acts or omissions causing or
stockholders or members of likely to cause mental or
a corporation. 2. The written emotional suffering of the
authority given by victim such as but not
stockholder or member to limited to intimidation,
his representative, signed by harassment, stalking,
the stockholder or member damage to property, public
himself and filed before the ridicule or humiliation,
scheduled meeting with the repeated verbal abuse and
corporate secretary. Unless mental infidelity. It includes
otherwise provided in the causing or allowing the
proxy, it shall be valid only victim to witness the
for the meeting for which it physical, sexual or
is intended. No proxy shall psychological abuse of a
be valid and effective for a member of the family to
period longer than five (5) which the victim belongs, or
years at any one time. [Sec. to witness pornography in
58, Corp. Code]. any form or to witness
abusive injury to pets or to
PSC. Philippine Sports unlawful or unwanted
Commission. deprivation of the right to
custody and/or visitation of
Psychological incapacity. common children. [Sec. 3,
Legal Med. It covers all RA 9262].
possible mental disorders
that are so grave or serious PTA. Philippine Tourism
enough as to persistently Authority.
and permanently
incapacitate a person to Pterygium. A triangular
perform the normal and fleshy mass of thickened
ordinary functions of a conjunctiva occurring usually
married life. Such incapacity at the inner side of the
must be incurable and eyeball, covering part of the
926
cornea and causing a Public aircraft. An aircraft

disturbance of vision. [Aguja used exclusively in the
v. GSIS, GR 84846. Aug. 5, service of the National
1991, citing Dorland, Government of the Republic
Illustrated Medical Dict., 24th of the Philippines or of any
Ed., 1965]. political subdivision or
instrumentality thereof, but
Public. 1. Common to all or not including any
many; general; open to government-owned aircraft
common use. [Izon v. engaged in air commerce.
People, GR L-51370. Aug. 31, [Sec. 3, RA 776].
1981, citing Black's Law Dict.
1393 (Rev. 4th Ed.)]. 2. Public assembly. Any rally,
Pertaining to, or belonging demonstration, Mar., parade,
to, or affecting a nation, procession or any other form
state, or community at large. of mass or concerted action
[Aquino-Sarmiento v. held in a public place for the
Morato, GR 92541. Nov. 13, purpose of presenting a
1991, citing People v. Powell, lawful cause; or expressing
274 NW 372 (1937)]. an opinion to the general
Compare with Private. public on any particular
issue; or protesting or
Public Acts. Statutes passed influencing any state of
and approved by the affairs whether political,
Philippine Commission and economic or social; or
the Philippine Legislature petitioning the government
from 1901 to 1935. [Suarez, for redress of grievances.
Stat. Con., (1993), p. 42]. [Sec.3, BP 880].
Public adjuster. Any person, Public Assembly Act of

partnership, association or 1985, The. BP 880 entitled
corporation which, for “An Act ensuring the free
money, commission or any exercise by the people of
other thing of value, acts on their right peaceably to
behalf of an insured in assemble and petition the
negotiating for, or effecting, government for other
the settlement of a claim or purposes” enacted on Oct.
claims of the said insured 22, 1985.
arising under insurance
contracts or policies, or Public assembly building.
which advertises for or Any building or structure
solicits employment as an where fifty (50) or more
adjuster of such claims. [Sec. people congregate, gather,
324, IC]. or assemble for any purpose.
[Sec. 3, PD 1185].
927
legal defense services to a

Publication. In libel, the term poor person accused of a
means making the crime. [Jurist’s Legal Dict.,
defamatory matter, after it 2004].
has been written, known to
someone other than the Public auction. Synonymous
person to whom it has been to public bidding as applied
written. [Ledesma v. CA, GR to sale of disposable
113216. Sep. 5, 1997]. supplies of property. [IRR on
Supply & Prop. Mgt., per Sec.
Publication of a fixed 383, LGC].
performance or a sound
recording. The offering of Public building. Every
copies of the fixed building owned by the
performance or the sound Government or belonging to
recording to the public, with a private person not
the consent of the right included, used or rented by
holder: Provided, That copies the Government, although
are offered to the public in temporarily unoccupied by
reasonable quality. [Sec. the same. [Art. 301, RPC].
202, RA 8293].
Public concern. A term that,
Publication of general like "public interest," eludes
circulation. To qualify as exact definition. Both terms
such under PD 1079, the embrace a broad spectrum
following requisites must of subjects which the public
concur: (a) It must be may want to know, either
published in the same city because these directly affect
and/or province where the their lives, or simply because
requirement of general such matters naturally
circulation applies; (b) it arouse the interest of an
must be authorized by law to ordinary citizen. [Legaspi v.
be published; and (c) the CSC, GR 72119. May 29,
newspaper or periodical 1987].
must be regularly published
for at least one year before Public convenience or
the date of publication of the necessity. Something
notices or advertisements fitting or suited to the public
which may be assigned to it. need. [Kilusang Mayo Uno v.
[Moreno’s Law Dict., 2000 Garcia, GR 115381. Dec. 23,
Ed., p. 377]. 1994, citing Black's Law
Dict., 5th Ed., p. 1105].
Public attorney or
defender. Government Public conveyance. Mode of
lawyer who provides free transportation servicing the
928
general population such as, solemnities required by law.

but not limited to, elevators, [Bermejo v. Barrios, GR L-
airplanes, buses, taxicabs, 23614. Feb. 27, 1970].
ships, jeepneys, light rail
transits, tricycles, and Public dominion property.
similar vehicles. [Sec. 4, RA See Property of public
9211]. dominion.
Public corporations. Public employment. It

Corporations formed or signifies employment in the
organized for the service of the national
government of a portion of government and its political
the State. [De Leon, Corp. subdivisions and
Code of the Phil. Annotated, instrumentalities. It does not
1989 Ed., p. 40]. Compare include employment as
with Private corporations. public officer elected by the
popular vote. [Sec. 39, RA
Public debt. That debt which 4119].
is due (to) or owing by the
government. [Peralta v. Public figure. Also
Serrano, GR L-16523. Nov. Celebrity. A person who, by
29, 1960, citing 2 Bouvier's his accomplishments, fame,
Law Dict. (3rd Rev.) 1912, at or mode of living, or by
p. 2764]. adopting a profession or
calling which gives the
Public documents. 1. (a) public a legitimate interest
The written official acts, or in his doings, his affairs, and
records of the official acts of his character, has become a
the sovereign authority, public personage. He is, in
official bodies and tribunals, other words, a celebrity.
and public officers, whether Obviously, to be included in
of the Philippines, or of a this category are those who
foreign country; (b) have achieved some degree
documents acknowledged of reputation by appearing
before a notary public before the public. It includes,
except last wills and in short, anyone who has
testaments; and (c) public arrived at a position where
records, kept in the public attention is focused
Philippines, of private upon him as a person. [Ayer
documents required by law Productions v. Capulong, GR
to be entered therein. [Sec. L-82380. Apr. 29, 1988,
19, Rule 132, RoC]. 2. Any citing Prosser and Keeton on
instrument authorized by a Torts, 5th Ed. at 859-861
notary public or a competent (1984)].
public official, with the
929
Public finance. The financial health care through

operations of all levels of improving conditions in
government. Such partnership with the
operations include community at large. These
budgeting, taxing, include control of
appropriating, purchasing, communicable and non-
borrowing, disbursing funds, communicable diseases,
and regulating the currency. health promotion, public
[De Leon, Fundamentals of information and education,
Taxation, 2000 Ed., p. 25, water and sanitation,
citing Sloan & Zurcher, A environmental protection,
Dict. Of Economics (1953), p. and health-related data
14]. collection, surveillance, and
outcome monitoring. [Sec. 1,
Public forest. 1. The mass of RA 9241].
lands of the public domain
which has not been the Public international law.
subject of the present That division of international
system of classification for law that deals primarily with
the determination of which the rights and duties of
lands are needed for forest states and
purposes and which are not. intergovernmental
[Sec. 3, PD 705]. 2. It organizations as between
includes, except as themselves. [Intl. Law Dict.
otherwise specially & Direct., 2004].
indicated, all unreserved
public land including nipa Publicity agent. Any person
and mangrove swamps and who engages directly or
all forest reserves of indirectly in the
whatever character. [Sec. dissemination and/or
1820, Act 926]. publication of information for
and on behalf of a principal.
Public functionaries. All [Sec. 3, BP 39].
persons who, by direct
requirement of law, or by Public Land Act. CA 141, as
popular election, or by public amended, entitled “An Act to
appointment by competent amend and compile the laws
authority, participate in the relative to lands of the public
exercise of public functions. domain” enacted on Nov.
[US v. Sarmiento, GR 880. 7,1936.
Nov. 14, 1902].
Public lands. Lands of the
Public health services. public domain which have
Services that strengthen been classified as
preventive and promotive agricultural lands and
930
subject to management and health, or morals of the

disposition or concession public; it causes hurt,
under existing laws. [Sec. 3, inconvenience, or injury to
RA 7942]. the public, generally, or to
such part of the public as
Public law. That law such as necessarily comes in contact
traffic ordinances or zoning with it. [Tolentino, Civil Code
ordinances which applies to of the Phil., Vol. II, Repr.
the public. [Glossary of Legal 2001, p. 436, citing 181 Ky.
Terms (Pro-Se), 2004]. 459; 205 SW 581]. See
Private nuisance.
Public market. 1. Any place,
building or structure of any Public nuisance, remedies
kind designated as such by against. (a) A prosecution
the local board or council, under the Penal Code or any
except public streets, plazas, local ordinance: or (b) a civil
parks, and the like. [Sec. 1, action; or (c) abatement,
PD 426]. 2. One that is without judicial proceedings.
dedicated to the service of [Claridades, A., Compilation
the general public and is of Notes, 2001-2006].
operated under government
control and supervision as a Public officer. 1. Any person
public utility, whether it be holding any public office in
owned by the government or the Government of the
any instrumentality thereof Republic of the Philippines
or by any private individual. by virtue of an appointment,
[Aranque Market Ext. election or contract. [Sec. 1,
Chinese Vendors Assoc. v. RA 7080]. 2. Any person
De la Fuente, 48 OG 94]. who, by direct provision of
the law, popular election or
Public motor vehicle. Public appointment by competent
utility vehicle or vehicle for authority, shall take part in
hire. [Sec. 3, RA 8750]. the performance of public
functions in the Government
Public nuisance. 1. Nuisance of the Philippines, of shall
that affects a community or perform in said Government
neighborhood or any or in any of its branches
considerable number of public duties as an
persons, although the extent employee, agent or
of the annoyance, danger or subordinate official, of any
damage upon individuals rank or class. [Art. 203,
may be unequal. [Art. 695, RPC].
CC]. 2. The doing of or the
failure to do something, that Public officer revealing
injuriously affects the safety, secrets of private
931
individual. Crim. Law. The offices, and building such as

felony committed by any private and public offices,
public officer to whom the recreational places,
secrets of any private shopping malls, movie
individual shall become houses, hotels, restaurants,
known by reason of his office and the like. [Sec. 4, RA
who shall reveal such 9211].
secrets. [Art. 230, RPC].
Public policy. A common law
Public officials. Elective and term which refers to
appointive officials and fundamental principles of
employees (of the natural justice found in a
government), permanent or state's constitution, bill of
temporary, whether in the rights, laws, regulations,
career or non-career service, precedents and accepted
including military and police customs. [Tetley, Glossary of
personnel, whether or not Conflict of Laws, 2004].
they receive compensation,
regardless of amount. [Sec. Public prosecutor. 1. The
3, RA 6713]. representative not of an
ordinary party to a
Public order. A civil law term controversy, but of a
which refers to domestic sovereignty whose obligation
rules and legal principles to govern impartially is as
reflecting lofty standards of compelling as its obligation
morality and social conduct to govern at all; and whose
in a civilized society. [Tetley, interest, therefore, in a
Glossary of Conflict of Laws, criminal prosecution is not
2004]. that it shall win a case but
that justice shall be done. As
Public place. Any highway, such, he is in a peculiar and
boulevard, avenue, road, every definite sense the
street, bridge or other servant of the law, the two
thoroughfare, park, plaza, fold aim of which is that guilt
square, and/or any open shall not escape or
space of public ownership innocence suffer. [Suarez v.
where the people are Platon, 69 Phil 556 (1940)].
allowed access. [Sec.3, BP 2. He owes the state, the
880]. court and the accused the
duty to lay before the court
Public places. Enclosed or the pertinent facts at his
confined areas of all disposal with methodical and
hospitals, medical clinics, meticulous attention,
schools, public clarifying contradictions and
transportation terminals and filling up gaps and loopholes
932
in his evidence to the end Public service. The term

that the court's mind may includes every person that
not be tortured by doubts, now or hereafter may own,
the innocent may not suffer, operate, manage, or control
and the guilty may not in the Philippines, for hire or
escape unpunished. [People compensation, with general
v. Esquivel, 82 Phil. 453 or limited clientele, whether
(1948)]. permanent, occasional or
accidental, and done for
Public purpose. general business purposes
Synonymous with any common carrier,
Governmental purpose. A railroad, street railway,
purpose affecting the traction railway, subway,
inhabitants of the state or motor vehicle, either for
taxing district as a freight or passenger, or
community and not merely both, with or without fixed
as individuals. [De Leon, route and whatever may be
Fundamentals of Taxation, its classification, freight or
2000 Ed., p. 41, citing 51 carrier service of any class,
Am. Jur. 378]. express service, steamboat,
or steamship line, pontines,
Public relations counsel. ferries, and small water
Any person who engages craft, engaged in the
directly or indirectly in transportation of passengers
informing, advising, or in any and freight, shipyard, marine
way representing a principal railway, marine repair shop,
in any matter affected by warehouse, wharf or dock,
the public policies or ice plant, ice-refrigeration
interests of a principal. [Sec. plant, canal, irrigation
3, BP 39]. system, sewerage, gas,
electric light, heat and
Public sale. One where there power, water supply and
has been public notice of the power, petroleum, sewerage
sale, in which anybody has a system, telephone, wire or
right to bid and offer to buy. wireless telegraph system
[Tolentino, Civil Code of the and broadcasting radio
Phil., Vol. II, Repr. 2001, p. stations. [Sec. 13 (b) of the
310]. Public Service Law (CA 146)].
Public schools. Educational Public Service Act. CA 146

institutions established and enacted on Nov. 7, 1936.
administered by the
government. [Sec. 26, BP Public service cooperative.
232]. A cooperative organized to
render public service as
933
authorized under a franchise Public utilities. Privately

or certificate of public owned and operated
convenience and necessity businesses whose services
duly issued by the are essential to the general
appropriate government public. They are enterprises
agency. [Art. 96, RA 6938]. which specially cater to the
needs of the public and
Public sewerage system. A conduce to their comfort and
system serving twenty-five convenience. [KMU Labor
persons or more. [Sec. 71, Center v. Garcia, Jr., GR
PD 856]. 115381, Dec. 23, 1994, 239
SCRA 386, 391].
Public use. 1. One which
confers some benefit or Public utility. Business or
advantage to the public; it is service which is engaged in
not confined to actual use by regularly supplying the
public. It is measured in public with some commodity
terms of right of public to or service of public
use proposed facilities for consequence. [DOJ Opinion
which condemnation is 074, June 16, 1998, citing
sought and, as long as public Glenbrook Devt. Co. v. Brea
has right of use, whether 253 Cal App 267, 61 Cal Rptr
exercised by one or many 189].
members of public, a public
advantage or public benefit Public vessel. A vessel
accrues sufficient to owned or bareboat chartered
constitute a public use. and operated by the
[Mañosca v. CA, GR 106440. Republic of the Philippines,
Jan. 29, 1996, citing Montana and political subdivision
Power Co. v. Bokma, Mont. thereof, or by a foreign
457 P.2d 769, 772, 773]. 2. nation, except when such a
Public advantage, vessel is engaged in
convenience or benefit, commerce. [Sec. 3, PD 600].
which tends to contribute to
the general welfare and the Public way. Any street, alley
prosperity of the whole or other strip of land
community, like a resort unobstructed from the
complex for tourists or ground to the sky, deeded,
housing project. [Ardano v. dedicated or otherwise
Reyes, 125 SCRA 220 permanently appropriated
(1983); Sumulong v. for public use. [Sec. 3, PD
Guerrero, 154 SCRA 461 1185].
(1987)].
Publish. To make known to
the public in general.
934
[Claridades, A., Compilation and bamboo. [Sec. 2, RA

of Notes, 2001-2006]. 4095].
Publisher. The person, Pulutan. Tag. 1. Appetizer.

natural or juridical, which [People v. Balmaceda, GR L-
undertakes the production of 71638. Feb. 27, 1987]. 2.
a book and its offer for sale Finger food. [Moreno’s Law
or free distribution. The Dict., 2000 Ed., p. 377].
publisher of a book may also
be its printer. [Sec. 3, PD Punctuaciones. Intl. Law.
812]. Negotiations as to the items
of a proposed treaty.
Pudendum. Legal Med. Also [Coquia and Santiago, Intl.
called the Vulva. A Law, 3rd Ed. (1998), p. 494].
collective term for the labia
majora, labia minora, clitoris, Punitive damages. 1.
and vaginal orifice. [Olarte, Damages awarded in
Legal Med., 1st Ed. (2004), p. addition to normal damages
124]. for bad faith or excessively
improper acts of the
Puffing or by-bidding. A defendant in contract or tort
secret bidding by or on or even during a court
behalf of the seller by action. They are usually
persons who are not granted by statute and at
themselves bound by their times excluded by statute.
bids, the purpose of which is [Tetley, Glossary of Conflict
simply to inflate the price of of Laws, 2004]. 2. Money
the goods sold which is a award given to punish the
fraud upon the purchaser of defendant or wrongdoer.
the goods. [Diaz, Bus. Law [Glossary of Legal Terms
Rev., 1991 Ed., p. 110]. (Pro-Se), 2004].
Pulling of strings. A Purchase. 1. The act of

firecracker consisting of a procuring or acquiring
small tube about an inch in supplies or property for a
length and less than 1/4 of price. [IRR on Supply & Prop.
an inch in diameter with Mgt., per Sec. 383, LGC]. 2.
strings on each end. Pulling Taking by sale, conditional
both strings will cause the sale, lease, mortgage, or
firecracker to explode. [Sec. pledge, legal or equitable.
2, RA 7183]. [Sec. 3, PD 115].
Pulping. The manufacture of Purchase agreement or

pulp from woods, rags, rice purchase offer. Also, sales
straw, bagasse, abaca waste agreement and earnest
935
money contract. Agreement Purchaser in good faith

between buyer and seller of and for value. One who
property which sets forth in buys the property of another
general the price and terms without notice that some
of a proposed sale. [Jurist’s other person has a right to
Legal Dict., 2004]. or interest in such property
and pays a full and fair price
Purchase discount. The for the same at the time of
difference between the value such purchase or before he
of the receivable purchased has notice of the claim or
or credit assigned, and the interest of some other
net amount paid by the person in the property.
finance company for such [Guzman, Bocaling & Co. v.
purchases or assignment, Bonnevie, 206 SCRA 668
exclusive of fees, services, (1992), pp. 675-677].
charges, interest and other
charges incident to the Pure and simple donation.
extension of credit. [Sec. 3, An act of liberality which has
RA 8556; Sec. 3, RA 5980]. no other basis than the
desire to do a good thing for
Purchase order. A contract the welfare of some persons.
between the local [Moreno’s Law Dict., 2000
government and the Ed., p. 378].
suppliers or dealers for the
delivery of supplies at a Purely accidental
stipulated amount and occurrence. A class of
includes, among others, occurrences or events which
quantity, period and mode of take place the real cause of
delivery, unit and total price which cannot be traced or is
per item, and mode of at least not apparent.
payment. [IRR on Supply & [Moreno’s Law Dict., 2000
Prop. Mgt., per Sec. 383, Ed., p. 378].
LGC].
Purely potestative
Purchaser. Any person taking condition. A condition the
by purchase. [Sec. 3, PD fulfillment of which depends
115]. exclusively upon the will of
the heir, devisee or legatee.
Purchase request. It is used [Jurado, Comments & Jurisp.
in the requisition of supplies on Succession, 1991 8th Ed.,
or property not to be carried pp. 222-223].
in stock. [IRR on Supply &
Prop. Mgt., per Sec. 383, Pure obligation. 1. An
LGC]. obligation which is not
subject to any condition nor
936
does it specify a specific concentrated in the bunt or

date for its fulfillment and is, fish bag. [Sec. 4, RA 8550].
therefore, immediately
demandable. [Diaz, Bus. Law Pusher. Any person who sells,
Rev., 1991 Ed., p. 11]. 2. An trades, administers,
obligation the performance dispenses, delivers or gives
of which does not depend away to another, on any
upon a future or uncertain terms whatsoever, or
event or upon a past event distributes, dispatches in
unknown to the parties and transit or transports
as such, is demandable at dangerous drugs or who acts
once. [GR L-16449. Aug. 31, as a broker in any of such
1962 citing Art. 1179 CC]. transactions, in violation of
Compare with Conditional RA 9165. [Sec 3, RA 9165].
obligation.
Putang ina mo. Tag. A
Purge. An act or instance of common expression in the
purging; a ridding (as of a dialect that is often
nation or party) of element employed not really to
or members regarded as slander but rather to express
treacherous, disloyal or anger or displeasure. [Reyes
suspect. [Clemente v. COA, v. People, L-21528, Mar. 28,
GR L-47793. Mar. 20, 1984, 1969, 27 SCRA 686].
citing Webster, 3rd New Intl.
Dict. of the Engl. Lang.]. Putative. Alleged; supposed;
reputed. [Glossary of Legal
Purport. To give appearance, Terms (Pro-Se), 2004].
often falsely, of being,
intending, etc. [Moreno’s Pyelonephritis. Inflammation
Law Dict., 2000 Ed., p. 378]. of the kidney and its pelvis
(cavity). [Bambalan v.
Purse seine. A form of Workmen's Compensation
encircling net having a line Commission, GR L-47209.
at the bottom passing Aug. 21, 1987].
through rings attached to
the net, which can be drawn Pyramid sales schemes.
or pursed. In general, the net See Chain distribution
is set from a boat or pair of plans.
boats around the school of
fish. The bottom of the net is Pyromania. Legal Med. An
pulled closed with the purse irresistible impulse to set
line. The net is then pulled things afire. [Olarte, Legal
aboard the fishing boat or Med., 1st Ed. (2004), p. 151].
boats until the fish are

937
Pyrophoric. Descriptive of Qualified acceptance. 1.

any substance that ignites Sales. An acceptance which
spontaneously when does not meet at all points
exposed to air. [Sec. 3, PD the offer, in which case it
1185]. constitutes a counter-offer.
Ed., p. 65]. 2. Nego. Inst. An
acceptance is qualified
which is: (a) conditional; that
is to say, which makes
payment by the acceptor
dependent on the fulfillment
of a condition therein stated;
(b) partial; that is to say, an
acceptance to pay part only
of the amount for which the
bill is drawn; (c) local; that is
to say, an acceptance to pay
only at a particular place; (d)
qualified as to time; (e)
the acceptance of
some, one or more of the
drawees but not of all. [Sec.
-Q- 141, NIL]. Compare with
General acceptance.
Quack doctor. One who
practices medicine without Qualified individual with a
the benefit of education. disability. An individual
[Moreno’s Law Dict., 2000 with a disability who, with or
Ed., p. 379]. without reasonable
accommodations, can
Qualification standards. perform the essential
The minimum requirements functions of the employment
of the vacant positions which position that such individual
shall include the education, holds or desires. However,
experience, training, civil consideration shall be given
service eligibility and to the employer's judgment
physical characteristics and as to what functions of a job
personality traits required by are essential, and if an
the job. Such qualification employer has prepared a
standards shall be approved written description before
by the Civil Service advertising or interviewing
Commission. [CSC Circ. 43- applicants for the job, this
91] description shall be
considered evidence of the
938
essential functions of the Qualified next-in-rank. An

job. [Sec. 4, RA 7277]. employee appointed on a
permanent basis to a
Qualified indorsement. position previously
Nego. Inst. 1. An determined to be next-in-
indorsement that constitutes rank and who meets the
the indorser as a mere requirements for
assignor of the title to the appointment thereto as
instrument. It may be made previously determined by
by adding to the indorser's the appointing authority and
signature the words ‘without approved by the
recourse’ or any words of Commission. [Sec. 21,
similar import. Such an Admin. Code of 1987].
indorsement does not impair
the negotiable character of Qualified occupant. Tenant.
the instrument. [Sec. 38, The Urban Land Reform Law
NIL]. (PD 1517) defines the term
in the same context as the
Qualified indorser. Every term “tenant.” [Vergara v.
person negotiating an IAC, GR 74998. May 7,
instrument by delivery or by 1990].
a qualified indorsement who
warrants: (a) that the Qualified person. Any citizen
instrument is genuine and in of the Philippines with
all respects what it purports capacity to contract, or a
to be; (b) that he has a good corporation, partnership,
title to it; (c) that all prior association, or cooperative
parties had capacity to organized or authorized for
contract; (d) that he has no the purpose of engaging in
knowledge of any fact which mining, with technical and
would impair the validity of financial capability to
the instrument or render it undertake mineral resources
valueless. [Sec. 65, NIL]. 2. development and duly
An indorsement in which the registered in accordance
endorser does not guarantee with law at least sixty per
that a negotiable instrument centum (60%) of the capital
will be accepted and paid by of which is owned by citizens
the drawer or maker. [Intl. of the Philippines: Provided,
Law Dict. & Direct., 2004]. That a legally organized
foreign-owned corporation
Qualifiedly privileged shall be deemed a qualified
communication. See person for purposes of
Conditionally privileged granting an exploration
communication. permit, financial or technical
assistance agreement or
939
mineral processing permit. education or custody of the

[Sec. 3, RA 7942]. woman seduced, or by any
person who shall seduce his
Qualified piracy. Crim. Law. sister or descendant,
The felony committed by whether or not she be a
those who commit any of the virgin or over eighteen years
crimes of piracy in general of age. [Art. 337, RPC].
and mutiny on the high seas, Compare with Simple
whenever they have seized a seduction.
vessel by boarding or firing
upon the same; or whenever Qualified seduction.
the pirates have abandoned Elements: (a) that the
their victims without means offended party is a virgin,
of saving themselves; or which is presumed if she is
whenever the crime is unmarried and of good
accompanied by murder, reputation; (b) that she must
homicide, physical injuries or be over twelve (12) and
rape. [Art. 123, RPC]. under eighteen (18) years of
age; (c) that the offender
Qualified political agency has sexual intercourse with
doctrine. Under this her; and (d) that there is
doctrine, the different abuse of authority,
executive departments are confidence or relationship on
mere adjuncts of the the part of the offender.
President. Their acts are [Gonzales v. CA, GR 108811.
presumptively the acts of May 31, 1994]. Compare
the President until with Consented
countermanded or abduction.
reprobated by her. [Villena
v. Secretary, 67 Phil. 451; Qualified theft. Crim. Law.
Free Telephone Workers The felony committed by a
Union v. Minister of Labor domestic servant, or with
and Employment, 108 SCRA grave abuse of confidence,
757 (1981)]. or if the property stolen is
motor vehicle, mail matter or
Qualified seduction. The large cattle or consists of
seduction of a virgin over coconuts taken from the
twelve years and under premises of the plantation or
eighteen years of age, fish taken from a fishpond or
committed by any person in fishery, or if property is
public authority, priest, taken on the occasion of fire,
home-servant, domestic, earthquake, typhoon,
guardian, teacher, or any volcanic eruption, or any
person who, in any capacity, other calamity, vehicular
shall be entrusted with the accident or civil disturbance.
940
[Art. 310, RPC, as amended while the same are open.

by RA 120 and BP 71]. [Arty. 280, RPC].
Qualified theft of logs. Qualified voters. The term is

Elements: (a) That the equivalent to "registered
accused cut, gathered, voters.” [Leyva v. Comelec,
collected or removed timber GR L-25469. Oct. 29, 1966].
or other forest products; (b)
that the timber of other Qualifying aggravating
forest products cut, circumstances. Those
gathered, collected or which change the nature of
removed belongs to the the felony as treachery in
government or to any murder. [Gregorio, Fund. of
private individual; and (c) Crim. Law Rev., 1997 9th Ed.,
that the cutting, gathering, p. 112].
collecting or removing was
without authority under a Quality assurance. A formal
license agreement, lease, set of activities to review
license, or permit granted by and ensure the quality of
the state. [People v. CFI of services provided. Quality
Quezon (Br. VII) GR L-46772. assurance includes quality
Feb. 13, 1992]. assessment and corrective
actions to remedy any
Qualified trespass to deficiencies identified in the
dwelling. Crim. Law. The quality of direct patient,
felony committed by any administrative, and support
private person who shall services. [Sec. 1, RA 9241].
enter the dwelling of another
against the latter's will, or by Quality education. The
means of violence or appropriateness, relevance
intimidation. This shall not and excellence of the
be applicable to any person education given to meet the
who shall enter another's needs and aspirations of an
dwelling for the purpose of individual and society. [Sec.
preventing some serious 4, RA 9155].
harm to himself, the
occupants of the dwelling or Quantum. Lat. Amount or
a third person, nor shall it be extent. [Duhaime's Legal
applicable to any person Dict., 2004].
who shall enter a dwelling
for the purpose of rendering Quantum meruit. Lat. As
some service to humanity or much as he has deserved. 1.
justice, nor to anyone who Used as the basis for
shall enter cafes, taverns, determining the lawyer's
inn and other public houses, professional fees in the
941
absence of a contract.
Factors such as the time Quarry permit. A document
spent and extent of services granted to a qualified person
rendered; novelty and for the extraction and
difficulty of the questions utilization of quarry
involved; importance of the resources on public or
subject matter; skill private lands. [Sec. 3, RA
demanded; probability of 7942].
losing other employment as
a result of acceptance of the Quarry resources. 1. Any
proffered cause; customary common rock or other
charges for similar services; mineral substances as the
amount involved in the Director of Mines and
controversy and the benefits Geosciences Bureau may
resulting to the client; declare to be quarry
certainty of compensation; resources such as, but not
character of employment; limited to, andesite, basalt,
and professional standing of conglomerate, coral sand,
the lawyer, are considered in diatomaceous earth, diorite,
determining his fees. decorative stones, gabbro,
[Sesbreño v. CA, GR 117438. granite, limestone, marble,
June 8, 1995, citing CPR, marl, red burning clays for
Canon 20, Rule 20.1, June potteries and bricks,
21, 1988]. 2. A legal rhyolite, rock phosphate,
principle under which a sandstone, serpentine,
person should not be obliged shale, tuff, volcanic cinders,
to pay, nor should another and volcanic glass. [Sec. 3,
be allowed to receive, more RA 7942]. 2. Any common
than the value of the goods stone or other common
or services exchanged. mineral substances as the
[Duhaime's Legal Dict., government may declare to
2004]. be quarry resources such as,
but not restricted to, marl,
Quantum valebant. Lat. As marble, granite, volcanic
much as what is reasonably cinders, basalt, tuff and rock
worth. [Mañacop Const. Co. phosphate, Provided they
v. CA, GR 122196. Jan. 15, contain no metal or metals
1997]. or other valuable minerals in
economically workable
Quarrying. The process of quantities. [Sec. 2, PD 463].
extracting, removing and
disposing quarry resources Quash. To vacate or void a
found on or underneath the summons, subpoena, etc.
surface of private or public [Glossary of Legal Terms
land. [Sec. 3, RA 7942]. (Pro-Se), 2004].
942
obligations. [Sec. 22, NIRC,

Quashing of a writ of as amended].
execution. Rem. Law.
Grounds: A writ may be Quasi-banking functions.
quashed or recalled only Borrowing funds, for the
when (a) it appears that it borrower's own account,
has been improvidently through the issuance,
issued; (b) that the writ is endorsement or acceptance
defective in substance; or (c) of debt instruments of any
is issued against the wrong kind other than deposits, or
party; or (d) that the through the issuance of
judgment debt has been participations, certificates of
paid; or (e) that the writ has assignment, or similar
been issued without instruments with recourse,
authority; or (f) there is a trust certificates, or of
change in the situation of repurchase agreements,
the parties which makes from twenty or more lenders
such execution inequitable; at any one time, for
or (g) the controversy was purposes of relending or
never submitted to the purchasing of receivables
judgment of the court. and other obligations:
[Ibatan v. Melicor, GR L- Provided, however, That
39125. Aug. 20, 1990]. commercial, industrial, and
other non-financial
Quasi. Lat. As if; almost as it companies, which borrow
were; analogous to. [Black’s funds through any of these
Law Dict., Abr. 5th Ed. (1983), means for the limited
p. 650]. purpose of financing their
own needs or the needs of
Quasi-banking activities. their agents or dealers, shall
Borrowing funds from twenty not be considered as
(20) or more personal or performing quasi-banking
corporate lenders at any one functions. [Sec. 1, PD 71].
time, through the issuance,
endorsement, or acceptance Quasi-contract. 1. A juridical
of debt instruments of any relation arising from certain
kind other than deposits for lawful, voluntary and
the borrower's own account, unilateral acts to the end
or through the issuance of that no one shall be unjustly
certificates of assignment or enriched or benefited at the
similar instruments, with expense of another. [Art.
recourse, or of repurchase 2142, CC]. 2. An obligation
agreements for purposes of created by the law in the
re-lending or purchasing absence of an agreement or
receivables and other similar contract; not based upon the
943
intentions or expressions of negligence of the defendant

the parties. [Glossary of and the damages incurred
Legal Terms (Pro-Se), 2004]. by plaintiff. [Andamo v. IAC,
191 SCRA 195 (1990)].
Quasi-corporations. Public
bodies which resemble Quasi-delivery. Also Quasi-
corporations to undertake traditio. This applies only to
public or state work for the the sale of incorporeal things
general welfare, but they are – like allowing the vendee to
not corporations. [Diaz, Bus. use the vendor’s rights as
Law Rev., 1991 Ed., p. 248]. new owner with the consent
of the vendor. [Diaz, Bus.
Quasi-delict. Also Culpa Law Rev., 1991 Ed., p. 120,
aquiliana, Culpa extra- citing Art. 1501, CC].
contractual or Cuasi-
delitos. 1. An act or Quasi in rem action. An
omission by which a person action between parties
causes damage to another, where the direct object is to
there being fault or reach and dispose of
negligence, and there being property owned by them or
no pre-existing contractual of some interest therein.
relation between the parties, [Quasha v. Juan, GR L-
and which makes said 49140. Nov. 19, 1982].
person liable to pay for the
damage done. [Art. 2176, Quasi in rem jurisdiction.
CC]. 2. Homologous but not Intl. Law. The power of a
identical to tort under the court to determine the
common law, which includes ownership rights of persons
not only negligence, but also who appear before it as to
intentional criminal acts, property located outside the
such as assault and battery, forum state. [Intl. Law Dict.
false imprisonment, and & Direct., 2004].
deceit. [Coca-Cola Bottlers v.
CA, GR 110295. Oct. 18, Quasi-judicial. A term
1993]. applied to the action,
discretion, etc., of public
Quasi-delict. Also Tort. administrative officers or
Elements: (a) Damages bodies required to
suffered by the plaintiff, (b) investigate facts, or
fault or negligence of the ascertain the existence of
defendant or some other facts, hold hearings, and
person for whose act he draw conclusions from them,
must respond, and (c) the as a basis for their official
connection of cause and action, and to exercise
effect between fault or discretion of a judicial
944
nature. [Lupangco v. CA, GR is particularly true of

L-77372. Apr. 29, 1988]. administrative agencies.
Quasi-judicial action. An Ed., p. 381].
action when an
administrative officer or Quasi-judicial power. Also
board is required to Administrative
investigate or ascertain the adjudicatory power. The
existence of facts and draw power of the administrative
conclusions therefrom as the agency to adjudicate the
basis for official action and rights of persons before it. It
to exercise its discretion or is the power to hear and
judgment of a judicial determine questions of fact
nature. [Moreno’s Law Dict., to which the legislative
2000 Ed., p. 381]. policy is to apply and to
decide in accordance with
Quasi-judicial adjudication. the standards laid down by
A determination of rights, the law itself in enforcing
privileges and duties and administering the same
resulting in a decision or law. [Comm. of Int. Rev. v.
order which applies to a CA, GR 119761. Aug. 29,
specific situation. [Lupangco 1996].
v. CA, GR L-77372. Apr. 29,
1988]. Quasi-legislative power.
Also Rule making power.
Quasi-judicial body. An The power to make rules and
organ of government other regulations which results in
than a court and other than delegated legislation that is
a legislature, which affects within the confines of the
the rights of private parties granting statute and the
through either adjudication doctrine of nondelegability
or rule making. [Presl. Anti- and separability of powers.
Dollar Salting Task Force v. [Comm. of Int. Rev. v. CA,
CA, GR 83578. Mar. 16, GR 119761. Aug. 29, 1996].
1989, citing Gonzales,
Admin. Law, A Text 13 Quasi-negotiable
(1979)]. instrument. A negotiable
instrument that may be
Quasi-judicial function. A transferred by endorsement,
function which involves the coupled with delivery. [Tan
use of mental processes in v. SEC, GR 95696. Mar. 3,
the determination of law or 1992].
fact, and at times involves
discretion as to how the Quasi-parties. Those in
power should be used. This whose behalf a class or
945
representative suit is
brought. [Claridades, A., Quasi-traditio. See Quasi-
Compilation of Notes, 2001- delivery.
2006].
Quebrantamiento. Sp.
Quasi-public corporations. Evasion. It means escape.
Public bodies which are not [Tanega v. Masakayan, GR L-
corporations in the full sense 27191. Feb. 28, 1967, citing
but only resemble them in Art. 93, RPC].
that they have some
attributes of a corporation Quedan. Sugar warehouse
and are created or receipt. [Sec. 3, RA 5524;
authorized by the legislature Starke v. Philsucom, GR
as public agencies to 85997. Aug. 19, 1992].
undertake some public or
state work for the general Quedan and Rural Credit
welfare. [De Leon, Corp. Guarantee Corporation
Code of the Phil. Annotated, Act. RA 7393 entitled “An
1989 Ed., p. 43]. Act reorganizing the Quedan
Guarantee Fund Board,
Quasi-recidivism. Crim. Law. renaming it as Quedan And
1. A special aggravating Rural Credit Guarantee
circumstance where a Corporation, enlarging its
person, after having been powers and resources to
convicted by final judgment, support farmers and rural
shall commit a new felony enterprises, and for other
before beginning to serve purposes” enacted on Apr.
such sentence, or while 13, 1992.
serving the same. It is not
required that the felony Question of fact. There is a
previously committed be question of fact when the
embraced in the same title doubt arises as to the truth
of the Rev. Penal Code. [US or the falsehood of alleged
v. Mohamad, 33 Phil. 524 facts. [Manila Bay Club v.
(1916)]. 2. It is punishable CA, GR 110015. July 11,
by the maximum period of 1995].
the penalty prescribed by
law for the new felony and Question of law. There is a
cannot be offset by any question of fact when the
ordinary mitigating doubt or difference arises as
circumstance. [People v. to the truth or the falsehood
Perez, 102 SCRA 352 (1981; of alleged facts; or when the
People v. Villacores, 97 SCRA query necessarily invites
567 (1980); and People v. calibration of the whole
Majuri, 96 SCRA 472 (1980)]. evidence considering mainly
946
the credibility of witnesses, property or any interest

existence and relevancy of therein, by reason of any
specific surrounding instrument, record, claim,
circumstances, their relation encumbrance or proceeding
to each other and to the which is apparently valid or
whole and the probabilities effective but is in truth and
of the situation. [Bernardo v. in fact invalid, ineffective,
CA, GR 101680. Dec. 7, voidable, or unenforceable,
1992]. and may be prejudicial to
said title. [Art. 476, CC]. 2. A
Questions of order. See common law remedy for the
Points of order. removal of any cloud upon
or doubt or uncertainty with
Questions of privilege. respect to title to real
Those affecting the duties, property. [Viuda de Aviles v.
conduct, rights, privileges, CA, GR 95748. Nov. 21,
dignity, integrity or 1996, citing Vitug,
reputation of the Compendium of Civil Law
(legislature) or of its and Jurisp., 1993 Rev. Ed., p.
members, collectively or 295].
individually. [Rule XX. §121,
Rules of the HoR]. Qui facit per allum facit
per se. Lat. He who acts
Qui aliquid statuerit parte through another, acts by
inaudita altera, aequum himself. [BPI v. De Coster, 49
licet dexerit, haud Phil. 574, Nov. 12, 1926].
aequum facerit. Lat. He
who decides anything, one Qui haeret in litera haeret
party being unheard, though in cortice. Lat. He who
he should decide right, does considers merely the letter
wrong. [People v. Mogol, GR of an instrument goes but
L-37837. Aug. 24, 1984]. skin deep into its meaning.
[People v. Puno, GR 97471.
Quid pro quo. Lat. Feb. 17, 1993, citing Black's
Something for something. Law Dict., 4th Ed., 1413].
The giving of something in
exchange for another thing Qui in jus dominumve
of equal value. [Duhaime's alterius succedit, jure
Legal Dict., 2004]. ejus uti debet. Lat. He who
succeeds to the right or
Quieting of title. 1. An property of another must
action brought to remove or use the same right as he.
prevent a cloud or to quiet [Quijano v. Cabale, 49 Phil.
the title, whenever there is a 367, citing Escriche's Dict.,
cloud on title to real title Heredere].
947
Black's Law Dict., 5th Ed., p.

Qui jure suo utitur mullum 1125].
damnum facit. Lat. One
who makes use of his own Quitclaim. Acquitting or
legal right does no injury. giving up one’s claim or title.
[Auyong Hian v. CTA, GR L- A release or acquittance
28782. Sep. 12, 1974]. given to one person by
another, in respect of any
Qui non negat fatetur. Lat. action that the latter has or
The failure to deny becomes might have against the
an admission. [Piedad v. former. [Claridades, A.,
Lanao Del Norte Electric Compilation of Notes, 2001-
Coop., GR 73735. Aug. 31, 2006].
1987].
Quitclaim deed. A deed
Qui per alium facit per without warranty of title
seipsum facere videtur. which passes whatever title
Lat. He who does a thing by the grantor has to another.
an agent is considered as [Glossary of Legal Terms
doing it himself. This rule is (Pro-Se), 2004].
affirmed by the Civil Code
thus: “Art. 1910. The Quod est inconveniens, aut
principal must comply with contra rationem non
all the obligations which the permissum est in lege.
agent may have contracted Lat. What is inconvenient or
within the scope of his contrary to reason is not
authority.” and “Art. 1911. allowed in law. [Rep. v. CA,
Even when the agent has GR 108926. July 12, 1996].
exceeded his authority, the
principal is solidarily liable Quod nullum est, nullum
with the agent if the former producit effectum. Lat.
allowed the latter to act as One cannot produce
though he had full powers.” anything out of nothing.
[Prudential Bank v. CA, GR [Moreno’s Law Dict., 2000
108957. June 14, 1993]. Ed., p. 384].
Qui prior est tempore, Quod quisque ob tutelam

potior est jure. Lat. He who corporis sui fecerit, jure
is before in time is the better suo fecisse existimetur.
in right. Priority in time gives Lat. That which anyone
preference in law. [Victronics should do for the safety of
Computers, Inc. v. RTC, his own person is to be
Branch 63, Makati, GR adjudged as having been
104019. Jan. 25, 1993, citing done justly in his own favor.
[People v. Boholst-Caballero,
948
GR L-23249. Nov. 25, 1974,

citing 1 Viada, 172, 5th Ed.]. Quota allocation. The total
value of imports of any
Quorum. 1. Corp. Law. T particular item allowed to an
indigenous petroleum' shall importer, or that portion of
include locally extracted the import quota granted to
mineral oil, hydrocarbon gas, the importer. [Sec. 1, RA
bitumen, crude asphalt, 426].
mineral gas and all other
similar or naturally Quoties in verbis nulla est
associated substances with ambiguitas, ibi nulla
the exception of coal, peat, expositio contra verba
bituminous shale and/or fienda est. Lat. In the
stratified mineral deposits.he absence of ambiguity, no
stockholders representing a exposition shall be made
majority of the outstanding which is opposed to the
capital stock or a majority of express words of the
the members in the case of instrument. [Moreno’s Law
non-stock corporations, Dict., 2000 Ed., p. 384].
unless otherwise provided
for in the Corporation Code Quo warranto. 1. The
or in the by-laws. [Sec. 52, remedy to try the right to an
Corp. Code]. 2. Pol. Law. office or franchise and to
That number of persons of oust the holder from its
the body which, when legally enjoyment. [Lota v. CA, GR
assembled in their proper L-14803. June 30, 1961,
places, will enable the body citing 38 CJ 546; 2 Moran,
to transact its proper Comments on the Rules of
business, or, in other words, Court, 1957 ed., 200]. 2. A
that number that makes a proceeding to determine the
lawful body and gives it right to the use or exercise
power to pass a law or of a franchise or office and
ordinance or do any other to oust the holder from its
valid corporate act. enjoyment, if his claim is not
[Javellana v. Tayo, GR L- well-founded, or if he has
18919. Dec. 29, 1962, citing forfeited his right to enjoy
4 Mc-Quillin, Municipal the privilege. [Castro v. Del
Corporations (3rd Ed. 847)]. Rosario, GR L-17915. Jan. 31,
1967].
Quota. (a) A share,
proportion, or part of a total. Quo warranto petition. 1.
(b) The number of persons or The proper remedy where
things permitted to enter a there is usurpation or
country. [Intl. Law Dict. & intrusion into an office. [Lota
Direct., 2004]. v. CA, GR L-14803, June 30,
949
1961, 2 SCRA 715]. 2. A virginity or chastity, once

remedy generally brought by defiled, cannot be restored.
the Government through the [People v. Luague, GR
Solicitor General of a public 43588. Nov. 7, 1935].
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 unlawful
possession of the office, and
all who claim to be entitled
to that office, may be made
parties in order to determine
their respective rights
thereto in the same action.
[2 Moran, Comments on the
Rules of Court, 1957 Ed.,
209, 210].
Quum virginitas, vel

castitas, corrupta restitui
non potest. Lat. Because
950
research of diseases. [Sec. 3,

RA 7431].
Radiotelephone call. A
-R- telephone call, originating in
or intended on all or part of
Radioactive substance. Any its route over the radio
substance which emits communications channels of
ionizing radiation. [Art. 4, RA the mobile service or of the
7394]. mobile satellite service.
[PLDT v. NTC, GR 88404.
Radiologic technologist. A Oct. 18, 1990].
bona fide holder of a
certificate of registration for Radiotelephony. A
radiologic technology issued telephony carried on by aid
by the Board of Radiologic of radiowaves without
Technology. [Sec. 3, RA connecting wires.
7431]. [Claridades, A., Compilation
of Notes, 2001-2006].
Radiologic technology. An
auxiliary branch of radiology Rank. 1. A high social position
which deals with the or standing as a grade in the
technical application of armed forces. [Webster's 3rd
radiation, such as x-rays, New Intl. Dict. of the British
beta rays, gamma rays, Lang. Unabr., (1881)]. 2. A
ultrasound and radio graded official standing or
frequency rays, in the social position or station. [75
diagnosis and treatment of CJS 458]. 3. The order or
diseases. [Sec. 3, RA 7431]. place in which said officers
are placed in the army and
Radiologic Technology Act navy in relation to others.
of 1992. RA 7431 enacted [Encyclopedic Law Dict., 3rd
on Apr. 22, 1992. Ed. p. 90]. 4. The
designation or title of
Radiologist. A licensed distinction conferred upon
physician who specializes in an officer in order to fix his
the diagnosis or treatment of relative position in reference
disease with the use of to the other officers in
radiation. [Sec. 3, RA 7431]. matters of privileges,
precedence, and sometimes
Radiology. A branch of of command or by which to
medical science which deals determine his pay and
with the use of radiation in emoluments as in the case
the diagnosis, treatment and of army staff officers.
[Bouvier's Law Dict., 3rd Ed.,
951
p. 2804]. 5. A grade or or otherwise unconscious;

official standing, relative and (c) when the woman is
position in civil or social life, under twelve years of age,
or in any scale of even though neither of the
comparison, status, grade, circumstances mentioned in
including its grade, status or the two next preceding
scale of comparison within a numbers shall be present.
position. [Vol. 36, Words & [Art. 335, RPC]. 2. Generally
Phrases, Permanent Ed., p. defined as the carnal
100]. [All definitions cited in knowledge of a woman by a
People v. Rodil, GR L-35156. man forcibly and unlawfully
Nov. 20, 1981]. against her will. [People v.
Padre-e, GR 112969-70. Oct.
Rank-and-file employees. 24, 1995]. 3. Carnal
1. All employees not falling knowledge of a woman by a
within the definitions of man which must be
Managerial employee and unlawful, that is, without her
Supervisory employees. consent and against her
[Sec. 1, Rule 1, Book 5, IRR utmost resistance. The
of LC]. 2. presence or absence of
traces of spermatozoa is
Ransom. 1. The money, price immaterial, since it is
or consideration paid or penetration, however slight,
demanded for redemption of and not ejaculation, that
a captured person or makes it rape. [People v.
persons, a payment that Gerones, 193 SCRA 263
releases from captivity. (1991)].
[People v. Guevarra, GR
97471. Feb. 17, 1993]. 2. Rape. Elements: (a) That the
Money paid to have a offender has had carnal
kidnapped person released. knowledge of a woman; and
[Duhaime's Legal Dict., (b) that such act is
2004]. accomplished (1) by using
force or intimidation, or (2)
Rape. (Derived from the Latin when the woman is deprived
word, rapere, literally of reason or otherwise
meaning, to seize with unconscious, or (3) when the
violence) Crim. Law. 1. The woman is under twelve (12)
felony committed by having years of age. [Gonzales v.
carnal knowledge of a CA, GR 108811. May 31,
woman under any of the 1994].
following circumstances: (a)
By using force or Rape Victim Assistance
intimidation; (b) when the and Protection Act of
woman is deprived of reason 1998. RA 8505 entitled “An
952
Act providing assistance and of the annual cash operating

protection for rape victims, expenses as working capital.
establishing for the purpose [Sec. 5, RA 3187].
a rape crisis center in every
province and city, Rate of exchange. See
authorizing the appropriation Exchange rate.
of funds therefor, and for
other purposes” enacted on Ratification. 1. Civ. Law. The
Feb. 13, 1998. approval by a person of a
prior act which did not bind
Rate. Admin. Law. Any charge him but which was
to the public for a service purportedly entered into for
open to all and upon the his own account. [Diaz, Bus.
same terms, including Law Rev., 1991 Ed., p. 89].
individual or joint rates, tolls, 2. An act to adopt or
classifications, or schedules approve an act done by
thereof, as well as another. [Torres, Oblig. &
commutation, mileage, Cont., 2000 Ed., p. 354]. 2.
kilometerage and other Const. Law. The sovereign
special rates which shall be act vested in the Filipino
imposed by law or regulation people to either reject or
to be observed and followed approve the proposals to
by any person. [Sec. 2, amend or revise the
Chap. 1, Book VII, EO 292]. Constitution. [Suarez, Pol.
Law Reviewer, 1st Ed., 2002,
Rate. Ins. Generally, the ratio p. 15].
of the premium to the
amount insured and shall Ratification. Civ. Law.
include, as the context may Effects: (a) Ratification
require, either the extinguishes the action to
consideration to be paid or annul a voidable contract
charged for insurance [Art. 1392, CC]; (b) it
contracts, including surety cleanses the contract from
bonds, or the elements and all its defects from the
factors forming the basis for moment it was constituted
the determination or [Art. 1396, CC]; and (c) it
application of the same, or makes the contract perfectly
both. [Sec. 339, IC]. valid from the moment of its
celebration and not from the
Rate base. The money time of ratification. [Diaz,
honestly and prudently Bus. Law Rev., 1991 Ed., p.
invested in the used and 89].
useful property and
equipment less accrued Ratio decidendi. Lat. Reason
depreciation plus one-twelfth for deciding. 1. A finding of
953
law in a decision, where the products made from crude

finding was based on the material or materials which
issues properly before the may have undergone
court. It is legal reasoning manufacturing or process as
essential to the decision that may be allowed by any
the court must take to implementing rules and
decide the case. [Tetley, regulations. [Sec. 12, PD
Glossary of Conflict of Laws, 1419].
2004]. 2. The ground or
reason of the decision in a RDA. See Recommended
case. [Jurist’s Legal Dict., Dietary Allowances.
2004].
Real action. An action
Ratio in jure aequitas brought for the specific
integra. Reason in law is recovery of land, tenements,
perfect equity. [Moreno’s or hereditaments.
Law Dict., 2000 Ed., p. 387]. [Hernandez v. DBP, GR L-
31095. June 18, 1976].
Ratio legis est anima. Lat. Compare with Personal
The reason of law is its soul. action.
[Comendador v. De Villa, GR
93177. Aug. 2, 1991]. Real aggression. Crim. Law.
An act positively strong as to
Ratio legis est anima legis. show the wrongful intent of
Lat. The reason of the law is the aggressor, not merely a
the soul of the law. threatening or intimidating
[Moreno’s Law Dict., 2000 attitude. There must be a
Ed., p. 387]. material attack in order that
the right to defend must
Ratooning. The cutting of the exist. [US v. Banzuela, 31
straw close to the ground at Phil. 565; US v. Santos, 17
harvesting time after all the Phil. 87].
standing water has been
drained out to allow the Real and hypothecary
young tillers to sprout out nature of maritime law.
the rootstocks and develop The liability of the carrier in
into mature normal bearing connection with losses
plants in three or four related to maritime
months with the aid of contracts is confined to the
fertilizer, manure or vessel, which is
compost. [Sec. 2, RA 2263]. hypothecated for such
obligations or which stands
Raw materials. Materials in as the guaranty for their
their natural state or in settlement. It has its origin
crude form as well as by reason of the conditions
954
and risks attending maritime conventions and generally

trade in its earliest years accepted practices relative
when such trade was replete to maritime trade and travel.
with innumerable and [Aboitiz Shipping v. Gen.
unknown hazards since Accident Fire and Life
vessels had to go through Assurance, GR 100446. Jan.
largely uncharted waters to 21, 1993].
ply their trade. It was
designed to offset such Real contracts. Contracts,
adverse conditions and to such as deposit, pledge and
encourage people and Commodatum, which are not
entities to venture into perfected until the delivery
maritime commerce despite of the object of the
the risks and the prohibitive obligation. [Art. 1316, CC].
cost of shipbuilding. Thus, Compare with Consensual
the liability of the vessel contracts.
owner and agent arising
from the operation of such Real delivery. See Actual
vessel were confined to the delivery.
vessel itself, its equipment,
freight, and insurance, if Real estate. 1. As a general
any, which limitation served rule, the term connotes the
to induce capitalists into land and the building or
effectively wagering their structure adhering thereto.
resources against the [Moreno’s Law Dict., 2000
consideration of the large Ed., p. 387]. 2. For purposes
profits attainable in the of taxation, all land within
trade. It might be the district by which the tax
noteworthy to add in passing is levied, and all rights and
that despite the interests in such land, and
modernization of the all buildings and other
shipping industry and the structures affixed to the
development of high- land, even though as
technology safety devices between the landlord and
designed to reduce the risks the tenant they are the
therein, the limitation has property of the tenant and
not only persisted, but is may be removed by him at
even practically absolute in the termination of the lease.
well-developed maritime [Villanueva v. City of Iloilo,
countries such as the United GR L-26521. Dec. 28, 1968,
States and England where it citing 51 Am. Jur. 438].
covers almost all maritime
casualties. Philippine Real estate broker. Any
maritime law is of Anglo- person, other than a real
American extraction, and is estate salesman as
955
hereinafter defined, who for Real estate mortgage. 1. A

another, and for a con-tract embodied in a
compensation or in the public instrument recorded
expectation or promise of in the Registry of Property,
receiving compensation, (a) by which the owner of an
sells or offers for sale, buys immovable (or an alienable
or offers to buy, lists, or real right imposed upon
solicits for prospective immovables) directly and
purchasers or negotiates the immediately subjects it,
purchase, sale or exchange whoever the possessor may
of real estate or interests be, to the fulfillment of the
therein; (b) or negotiates obligation for whose security
loans or real estate; (c) or it was constituted. [Arts.
leases or offers to lease or 2124, 2125, 2126, CC. Note
negotiates the sale, that Art. 2125 states that "If
purchase or exchange of a the instrument is not
lease, or rents or places for recorded, the mortgage is
rent or collects rent from nevertheless binding
real estate or improvements between the parties."]. 2. A
thereon; (d) or shall be contract in which the debtor
employed by or on behalf of guarantees to the creditor
the owner or owners of lots the fulfillment of a principal
or other parcels of real obligation, subjecting for the
estate at a stated salary, on faithful compliance therewith
commission, or otherwise, to a real property in case of
sell such real estate or any non-fulfillment of said
parts thereof in lots or obligation at the time
parcels. [Sec. 1, PD 426]. stipulated. [Paras. E. L., Civil
Code of the Phils., Anno.,
Real estate dealer. Any 10th Ed., Vol. V, p. 852, citing
person engaged in the 12 Manresa, p. 460].
business of buying, selling, Compare with Chattel
exchanging, leasing, or mortgage.
renting property on his own
account as principal and Real estate salesman. Any
holding himself out as a full natural person regularly
or part-time dealer in real employed by a real estate
estate or as an owner of broker to perform in behalf
rental property or properties of such broker. [Sec. 1, PD
rented or offered to rent for 426].
an aggregate amount of
three thousand pesos or Real estate tax. A tax in rem
more a year. [Sec. 6, RA against realty without
588]. personal liability therefor on
part of owner thereof, and a
956
judgment recovered in benefited or injured by the

proceedings for enforcement judgment or the party
of real estate tax is one in entitled to the avails the
rem against the realty suit. [Samahan ng mga
without personal liability Nangungupahan sa
against the owner. Azcarraga Textile Market v.
[Villanueva v. City of Iloilo, CA, GR 68357, Sep. 26,
GR L-26521. Dec. 28, 1968, 1988; Sec. 2, Rule 3, RoC].
citing 36 Words & Phrases,
286]. Real party in interest-
defendant. One who has a
Real evidence. Any fact correlative legal obligation
about a material or whose act or omission
corporate object, e.g. a book violates the legal right of the
or a human foot, whether plaintiff. [Lee v. Romillo, GR
produced in court or not. L-60937. May 28, 1988].
[Tiglao v. Comelec, GR L-
31566 & L-31847. Aug. 31, Real party in interest-
1970]. See Autoptic plaintiff. One who has a
preference. legal right. [Lee v. Romillo,
GR L-60937. May 28, 1988].
Real interest. A present
substantial interest, as Real plurality. Also
distinguished from a mere Concurso real. This arises
expectancy or a future, when the accused performs
contingent, subordinate or an act or different acts with
consequential interest. distinct purposes and
[Barfel Devt. Corp. v. CA, resulting in different crimes
citing Moreno, Phil. Law which are juridically
Dict., 3rd Ed.]. independent. Unlike ideal
plurality, this real plurality is
Real novation. Also not governed by Art. 48 of
Objective novation. The the Rev. Penal Code.
extinguishment of an [Gamboa v. CA, GR L-41054.
obligation by a subsequent Nov. 28, 1975, citing The
one which terminates it, Rev. Penal Code, Aquino,
either by changing its object Vol. I 1961 Ed., at 555-56].
or principal conditions.
[Caned v. CA, GR 81322. Real property. 1. Also Real
Feb. 5, 1990]. Compare with estate. Land and buildings
Personal novation or and other improvements
Subjective Novation. which are more or less of
permanent structure and
Real party in interest. The substantially adhering to the
party who stands to be land with the intent of
957
permanent annexation. [IRR material or possessory acts

on Supply & Prop. Mgt., per by the grantee done in the
Sec. 383, LGC]. 2. Land, presence and with the
buildings, and whatever is consent of the grantor, such
attached or affixed to the as entering upon the
land. Generally synonymous property, gathering its fruits,
with the words Real estate. opening doors, etc., which
[Glossary of Legal Terms are generally called taking
(Pro-Se), 2004]. 3. possession. [Tolentino, Civil
Immovable property such as Code of the Phil., Vol. II,
land or a building or an Repr. 2001, p. 459]. See
object that, though at one Constructive tradition.
time a chattel, has become
permanently affixed to land Realty Installment Buyer
or a building. [Duhaime's Protection Act. RA 6552
Legal Dict., 2004]. entitled “An Act to provide
protection to buyers of real
Real Property Tax Code. PD estate on installment
464 signed into law on May payments” enacted on Aug.
20, 1974. 26, 1972. Also known as
Maceda Law.
Real right. The power
belonging to a person over a Real union. Intl. Law. A union
specific thing, without a created when two or more
passive subject individually states are merged under a
determined against whom central authority through
such right may be personally which they act in the
exercised. [Tolentino, Civil direction of their external
Code of the Phil., Vol. II, affairs. The states forming
Repr. 2001, p. 5, citing 3 this union do not lose their
Sanchez Roman 6, 8]. status as such but their
respective international
Real right of possession. personalities are
Possession for more than extinguished and blended in
one year, or possession de the new international person
jure (Art. 555, CC) which is which, however, is not
lost after the lapse of ten considered a state. [Cruz,
years. [Moreno’s Law Dict., Intl. Law Reviewer, 1996 Ed.,
2000 Ed., p. 388]. p. 13]. Compare with
Personal union.
Real tradition. The delivery
or transfer of a thing from Reasonable bail. That bail
hand to hand, if it is which, in view of the nature
movable, and if it is of the offense, the penalty
immovable, by certain which the law attaches to it
958
and the probabilities that to constitute the offense. [US

guilt will be established on v. Lasada, 18 Phil. 90]. 2.
the trial, seems no more That state of mind of a judge
than sufficient to secure the in which he cannot say he
party’s attendance. In feels an abiding conviction
determining this, some as to the truth of the charge.
regard should be had to the [Glossary of Legal Terms
prisoner’s pecuniary (Pro-Se), 2004].
circumstances. [Moreno’s
Law Dict., 2000 Ed., p. 389]. Reasonable necessity of
the means employed.
Reasonable care. The Crim. Law. It does not imply
degree of diligence required material commensurability
in the performance of a between the means of attack
right. [Claridades, A., and defense. What the law
Compilation of Notes, 2001- requires is rational
2006]. equivalence, in the
consideration of which will
Reasonable classification. enter as principal factors the
Elements: (a) It must rest on emergency, the imminent
substantial distinctions; (b) it danger to which the person
must be germane to the attacked is exposed, and the
purpose of the law; (c) it instinct, more than the
must not be limited to reason, that moves or impels
existing conditions only; and the defense, and the
(d) it must apply equally to proportionateness thereof
all members of the same does not depend upon the
class. [Maritime Manning harm done, but rests upon
Agencies v. POEA, GR the imminent danger of such
114714. Apr. 21, 1995]. injury. [People v.
Encomienda, GR L-26750.
Reasonable doubt. 1. That Aug. 18, 1972].
doubt engendered by an
investigation of the whole Reasonable person. A
proof and an inability, after phrase used to denote a
such investigation, to let the hypothetical person who
mind rest easy upon the exercises qualities of
certainty of guilt. Absolute attention, knowledge;
certainty of guilt is not intelligence, and judgment
demanded by the law to that society requires of its
convict of any criminal members for the protection
charge but moral certainty is of their own interest and the
required, and this certainty interests of others. Thus, the
is required as to every test of negligence is based
proposition of proof requisite on either a failure to do
959
something that a reasonable Reasonable time. So much

person, guided by time as is necessary under
considerations that ordinarily the circumstances for a
regulate conduct, would do, reasonable prudent and
or on the doing of something diligent man to do,
that a reasonable and conveniently, what the
prudent (wise) person would contract or duty requires
not do. [Jurist’s Legal Dict., should be done, having a
2004]. regard for the rights and
possibility of loss, if any, to
Reasonable private benefit the other party. [Far East
plan. A pension, gratuity, Realty v. CA, 166 SCRA 256
stock bonus or profit-sharing (1988)].
plan maintained by an
employer for the benefit of Reassessment. The
some or all of his officials or assigning of new assessed
employees, wherein values to property,
contributions are made by particularly real estate, as
such employer for the the result of a general,
officials or employees, or partial or individual
both, for the purpose of reappraisal of the property.
distributing to such officials [Sec. 3, PD 464].
and employees the earnings
and principal of the fund Reassignment. Admin. Law.
thus accumulated, and The movement of an
wherein it is provided in said employee from one
plan that at no time shall organizational unit to
any part of the corpus or another in the same
income of the fund be used department or agency which
for, or be diverted to, any does not involve a reduction
purpose other than for the in rank, status, or salary and
exclusive benefit of the said does not require the
officials and employees. issuance of an appointment.
[Sec. 31, NIRC, as amended]. [Sec. 10, Rule VII of the
Omnibus Rules
Reasonable rate of return Implementing Book V of EO
on investments and 292]. Compare with Detail.
operating and
maintenance cost. The Rebate. The discount or
rate of return that reflects reduction in a claim made in
the prevailing cost of capital consideration of prompt
in the domestic and payment. [Padilla v. CA, GR
international markets. [Sec. 105851. Mar. 24, 1993,
2, RA 7718]. citing Phil. Legal Encyc.

960
(1986), QC, Phoenix Press, conditions cease to exist the

pp. 827-828]. contract also ceases to exist.
Considering practical needs
Rebellion. Also and the demands of equity
Insurrection. Crim. Law. 1. and good faith, the
The felony committed by disappearance of the basis
rising publicly and taking of a contract gives rise to a
arms against the right to relief in favor of the
Government for the purpose party prejudiced. 2. A name
of removing from the given to a tacit condition,
allegiance to said said to attach to all treaties,
Government or its laws, the that they shall cease to be
territory of the Philippines or obligatory so soon as the
any part thereof, of any body state of facts and conditions
of land, naval or other armed upon which they were
forces, depriving the Chief founded has substantially
Executive (President) or the changed. [PNCC v. CA, GR
Legislature (Congress), 116896. May 5, 1997, citing
wholly or partially, of any of Black's Law Dict., 1139 (5th
their powers or prerogatives. Ed., 1979)]. Compare with
[Art. 134, RPC, as amended Pacta sunt servanda.
by RA 6968]. 2. The felony
committed by rising publicly Rebus sic stantibus
and taking up arms against principle. The theory under
the Government for any of which the parties stipulate in
the purposes specified in Art. the light of certain prevailing
134 of the Rev. Penal Code. conditions, and once these
2. Rebellion is a crime conditions cease to exist, the
against public order. Rising contract also ceases to exist.
publicly and taking arms [Naga Telephone Co. v. CA,
against the Government is 230 SCRA 351, 365 (1994)
the very element of the citing IV Tolentino 347]. This
crime of rebellion. [Buscayno theory is said to be the basis
v. Military Commissions, GR of Art. 1267 of the Civil
58284, 109 SCRA 289 Code, (which enunciates the
(1981)]. doctrine of unforeseen
events and) which provides:
Rebus sic stantibus. Lat. At “When the service has
this point of affairs; In these become so difficult as to be
circumstances; Things manifestly beyond the
remaining as they are. 1. contemplation of the parties,
Under this theory, the the obligor may also be
parties stipulate in the light released therefrom, in whole
of certain prevailing or in part.” [PNCC v. CA, GR
conditions, and once these 116896. May 5, 1997].
961
proper administration of
Rebut. Evidence disproving public affairs. [Garcia v.
other evidence previously Comelec, GR 111511. Oct. 5,
given or reestablishing the 1993, citing 67 CJS 480].
credibility of challenged
evidence. [Glossary of Legal Recall, written petition for.
Terms (Pro-Se), 2004]. See A petition duly signed before
Rejoinder. the election registrar or his
representative, and in the
Rebuttable presumption. presence of a representative
See Prima facie of the petitioner and a
presumption; Disputable representative of the official
presumption. sought to be recalled and,
and in a public place in the
Rebuttal evidence. Evidence province, city, municipality,
which is given to explain, or barangay, as the case
repel, counteract or disprove may be, and filed with the
facts given in evidence by Comelec through its office in
the adverse party. the local government unit
[Francisco, Evidence, Vol. concerned. [Sec. 70 (d) (1),
VII, Part 1, 1997 Ed., p. 8]. LGC].
Recall. A procedure for Recant. 1. To withdraw or

locating a newborn with a repudiate formally and
possible heritable condition publicly. [citing Black's Law
for purposes of providing the Dict., 6th Ed. (1990)]. 2. To
newborn with appropriate renounce or withdraw a prior
laboratory to confirm the statement. [Alonte v.
diagnosis and, as Savellano, GR 131652. Mar.
appropriate, provide 9, 1998, citing Words &
treatment. [Sec. 4, RA 9288]. Phrases Vol. 36].
Recall. Admin. Law. 1. A Recantation. The term

mode of removal of a public usually applies to a
officer by the people before repudiation by a
the end of his term of office. complainant or a witness,
The people's prerogative to either for the prosecution or
remove a public officer is an the defense, who has
incident of their sovereign previously given an extra-
power and in the absence of judicial statement or
constitutional restraint, the testimony in court. [People
power is implied in all v. del Pilar, 188 SCRA 37
governmental operations. (1990)].
Such power has been held to
be indispensable for the
962
Receipt. A written and signed space. [Magellan v. CA, GR

acknowledgment that money 95529. Aug. 22, 1991].
has been paid or goods have Compare with On board bill
been delivered. A receipt is of lading.
merely presumptive
evidence and is not Received the goods in
conclusive. A written good order and condition.
acknowledgment that money It means that the goods
or a thing of value has been were in fact delivered to and
received. [Sibal, Jose Agaton received as such by the
R., Phil. Legal Encyc., 1986, person who signed the
pp. 829-830]. invoice. [Moreno’s Law Dict.,
2000 Ed., p. 391].
Receipts. Income realized
from operations and Receiver. A representative of
activities of the Government the court appointing him for
or are received by the the purpose of preserving
Government in the exercise and conserving the property
of its corporate functions, under receivership and
consisting of charges for preventing its possible
services rendered, or for destruction or dissipation, if
conveniences furnished, or it goes to the possession of
the price of a commodity another person. [Salientes v.
sold, as well as authorized IAC, GR L-66211. July 14,
contributions or aids from 1995].
other entities, except
provisional advances for Receivership. The placement
budgetary purposes. Loans of property, real or personal,
for specific projects or which is subject of litigation,
activities shall be considered in the possession and control
as receipts. [Sec. 14, PD of a receiver appointed by
477]. the Court, who shall
conserve it pending final
Received for shipment bill determination of the title or
of lading. One in which it is right or possession over it.
stated that the goods have [Cojuangco, Jr. v. PCGG, 190
been received for shipment SCRA 226, 249].
with or without specifying
the vessel by which the Receiving any gift. The act
goods are to be shipped. of accepting directly or
Received for shipment bills indirectly, a gift from a
of lading are issued person other than a member
whenever conditions are not of his family or relative as
normal and there is defined in RA 6713, even on
insufficiency of shipping the occasion of a family
963
celebration or national student still remains within

festivity like Christmas, if the call of his mentor and is not
value of the gift is neither permitted to leave the
nominal nor insignificant, or school premises, or the area
the gift is given in within which the school
anticipation of, or in activity is conducted.
exchange for, a favor. [Sec. [Salvosa v. IAC, GR L-70458.
3, RA 6713]. Oct. 5, 1988]. 2. Pol. Law.
The intervening period
Receiving homes. Family- between adjournment of a
type homes which provides regular session of one
temporary shelter from ten hundred days exclusive of
to twenty days for children Sundays, or of a special
who shall during this period session which cannot
be under observation and continue longer than thirty
study for eventual days, and the convening
placement by the DSWD. thereof in regular session
The number of children in a once every year on the
receiving home shall not at fourth Monday of [July] or in
any time exceed nine: special session to consider
Provided, That no more than general legislation or only
two of them shall be under such subjects as he (the
three years of age. [Art. 117, President) may designate.
PD 603]. And such intervening period
refers to the same congress
Reception and study that had adjourned and was
center. An institution that to be convened. [Aytona v.
receives for study, diagnosis, Castillo, GR L-19313. Jan. 19,
and temporary treatment, 1962]. Compare with
children who have Adjournment.
behavioral problems for the
purpose of determining the Recidivism. Also
appropriate care for them or Reincidencia. Crim. Law. 1.
recommending their An aggravating
permanent treatment or circumstance in which the
rehabilitation in other child offender shall have been
welfare agencies. [Art. 117, previously convicted by final
PD 603]. judgment of another crime
embraced in the same title
Recess. 1. As the concept is of the Rev. Penal Code.
embraced in the phrase "at [People v. Real, GR 93436.
attendance in the school," it Mar. 24, 1995, citing Art. 14
contemplates a situation of (9), RPC]. 2. It involves at
temporary adjournment of least two convictions and is
school activities where the a form of plurality of crimes
964
like reiteracion, habitual

delinquency and quasi- Reciprocity rule. Intl. Law. A
recidivism. [Gregorio, Fund. state only has to respond to
of Crim. Law Rev., 1997 9th a suit brought against it
Ed., p. 133]. 3. The before the International
continued, habitual or Court of Justice to the extent
compulsive commission of that the state bringing the
law violations after first suit has also accepted the
having been convicted or jurisdiction of the Court.
prior offenses. [Jurist’s Legal [Intl. Law Dict. & Direct.,
Dict., 2004]. 2004].
Recidivist. Crim. Law. A Reckless. Characterized by or

person who, at the time of manifesting lack of caution;
his trial for one crime, shall rash, utterly heedless.
have been previously [Moreno’s Law Dict., 2000
convicted by final judgment Ed., p. 392].
of another crime embraced
in the same title of the Rev. Reckless driving. The failure
Penal Code. [People v. to take such precaution or
Kintuan, GR 74100. Dec. 3, advance measures in the
1987; Art. 14, RPC]. performance of an act as the
most common prudence
Reciprocal contract. See would suggest, whether
Synallagmatic contract. injury is caused to persons
or property. [Moreno’s Law
Reciprocal obligations. Dict., 2000 Ed., p. 392].
Those obligations that arise
from the same cause, and in Reckless imprudence. 1. It
which each party is a debtor consists in voluntary, but
and a creditor of the other, without malice, doing or
such that the obligation of falling to do an act from
one is dependent upon the which material damage
obligation of the other. results by reason of
[Presbitero v. CA, GR inexcusable lack of
102432. Jan. 21, 1993]. precaution on the part of the
person performing of failing
Reciprocal wills. Succ. Wills to perform such act, taking
in which the testators name into consideration his
each other as beneficiaries employment or occupation,
under similar testamentary degree of intelligence,
plans. [Jurado, Comments & physical condition and other
Jurisp. on Succession, 1991 circumstances regarding
8th Ed., p. 104, citing 57 Am. persons, time and place.
Jur. Sec. 681, p. 459]. [Art. 365, RPC]. 2. An act
965
from which injury results, position without a significant

which act, had it been done change in duties and
with malice, would constitute responsibilities. [Sec. 3, PD
a crime. [US v. Manabat, GR 985].
9700. Dec. 3, 1914]. Also
Criminal negligence. Reclusion perpetua. Rem.
Law. 1. The penalty whereby
Reckless negligence. It any person sentenced to any
consists of the failure to take of the perpetual penalties
such precautions or advance shall be pardoned after
measures in the undergoing the penalty for
performance of an act as the thirty years, unless such
most common prudence person by reason of his
would suggest whereby conduct or some other
injury is caused to persons serious cause shall be
or to property. [US v. Nava, considered by the Chief
GR 991. Dec. 19, 1902]. Executive as unworthy of
pardon. [Art. 27, RPC]. 2. It
Recklessness. A lack of heed entails imprisonment for at
or concern for consequence; least thirty (30) years after
especially, foolishly heedless which the convict becomes
of danger; headlong; rash; eligible for pardon, it also
desperate; not caring or carries with it accessory
noting; neglectful; penalties, namely; perpetual
indifferent. [US v. Aligan, GR special disqualification, etc.
18606. Aug. 1, 1922]. It is not the same as "life
imprisonment." [People v.
Reclaimed land. Submerged Baguio, GR 76585. Apr. 30,
land which by deliberate 1991].
action of dredging and filling
has emerged to the surface. Reclusion temporal. The
Such land belongs to the penalty shall be from twelve
State. [Peña, Phil. Law on years and one day to twenty
Natural Resources, 1997 years (of imprisonment).
Rev. Ed., p. 86]. [Art. 27, RPC].
Reclassification or Recognition. Civ. Law. The

reallocation. A change in process of declaring legally
the classification of a that a certain person is one’s
position either as a result of own child. [Moreno’s Law
a change in its duties and Dict., 2000 Ed., p. 393].
responsibilities sufficient to
warrant placing the position Recognition. Intl. Law. 1. The
in a different class, or as act by which a state
result of a reevaluation of a acknowledges the existence
966
of another state, a that a person or a group of

government or a belligerent persons is capable of binding
community, and indicates its the state which they claim to
willingness to deal with the represent and witness their
entity as such under intention to enter into
international law. [Sandoval, relations with them.
Pol. Law Reviewer 2003]. 2. [Sandoval, Pol. Law Reviewer
Formal acknowledgement or 2003].
acceptance by a government
of the independence and Recognition of states. Intl.
sovereignty of a newly Law. Under the minority view
created state or of a newly (or constitutive school),
established government in recognition is the act which
another state, especially one constitutes the entity into an
established by revolution. international person. Such
[Intl. Law Dict. & Direct., recognition is compulsory
2004]. and legal; it may be
compelled once the
Recognition of elements of a state are
belligerency. Intl. Law. The established. Under the
formal acknowledgment by a majority view (or declaratory
third party of the existence school), recognition merely
of a state of war between affirms an existing fact, like
the central government and possession by the state of
a portion of that state. the essential elements. It is
[Sandoval, Pol. Law Reviewer discretionary and political.
2003]. [Sandoval, Pol. Law Reviewer
2003].
Recognition of foreign
judgments. In conflict of Recognizance. 1. An
laws, the rules and principles obligation of record, entered
applied by courts in into before some court or
determining whether or not magistrate duly authorized
to recognize and enforce a to take it, with the condition
judgment rendered by a to do some particular act,
foreign court or an arbitral the most usual condition in
award rendered by a foreign criminal cases being the
arbitral tribunal. [Tetley, appearance of the accused
Glossary of Conflict of Laws, for trial. [People v. Abner,.
2004]. 87 Phil. 566, 569]. 2. An
obligation entered into
Recognition of before a court whereby the
government. Intl. Law. The recognizor acknowledges
free act by which one or that he will do a specific act
several states acknowledge
967
required by law. [Glossary of reconstitution of any

Legal Terms (Pro-Se), 2004]. document, book or record is
to have the same
Recommend. To present reproduced, after observing
one's advice or choice as the procedure prescribed by
having one's approval or to law, in the same form they
represent or urge as were when the loss or
advisable or expedient. It destruction occurred.
involves the idea that [Bunagan v. Branch VI, CFI of
another has the final Cebu, GR L-29073. Apr. 18,
decision. [Sinon v. CSC, GR 1980].
101251. Nov. 5, 1992].
Compare with Assist. Reconstitution of Torrens
Certificates of Title Law.
Recommended Dietary RA 26 entitled “An Act
Allowances (RDA). Levels providing a special
of nutrient intakes which are procedure for the
considered adequate to reconstitution of torrens
maintain health and provide certificates of title lost or
reasonable levels or destroyed” enacted on Sep.
reserves in body tissues of 25, 1946.
nearly all health persons in
the population. [Sec. 3, RA Reconstruction of a
8976]. certificate of title. See
Reconstitution of a
Reconstitution. The certificate of title.
restoration of the instrument
or title allegedly lost or Reconveyance, action for.
destroyed in its original form A legal remedy granted to a
and condition. [Anciano v. rightful owner of land
Caballes, No. L-5040, Sep. wrongfully or erroneously
29, 1953, 93 Phil 876]. registered in the name of
another to compel the latter
Reconstitution of a to reconvey the land to him.
certificate of title. Also [Esconde v. Barlongay, 152
Reconstruction of a SCRA 603 (1987)].
certificate of title. Within
the meaning of RA 26, the Record. 1. All the documents
term denotes restoration of and evidence plus
the instrument which is transcripts of oral
supposed to have been lost proceedings in a case.
or destroyed in its original [Glossary of Legal Terms
form and condition. [Vda. de (Pro-Se), 2004]. 2. An
Anciano v. Caballes, 93 Phil. information written on a
875]. The purpose of the tangible medium or stored in
968
an electronic or other similar engaged in recruitment and

medium, retrievable form. placement. [Art. 13, LC].
[Sec. 3, RA 9285].
Recruitment and
Re-cross-examination. Evid. placement. Any act of
The re-cross examination of canvassing, enlisting,
the witness by the adverse contracting, transporting,
party, upon the conclusion of utilizing, hiring or procuring
the re-direct examination, on workers, and includes
matters stated in the re- referrals, contract services,
direct examination, and also promising or advertising for
on such other matters as employment, locally or
may be allowed by the court abroad, whether for profit or
in its discretion. [Sec. 8, Rule not: Provided, That any
132, RoC]. Compare with person or entity which in any
Re-direct examination. manner, offers or promises
for a fee employment to two
Recruitment. Any act of or more persons shall be
canvassing, enlisting, deemed engaged in
contracting, transporting, recruitment and placement.
utilizing, hiring or procuring [Art. 13, LC].
workers, and includes
referrals, contract services, Rectifier. Every person who
promising or advertising for rectifies, purifies, or refines
employment, locally or distilled spirits or wines by
abroad, whether for profit or any process other than by
not. [People v. Turda, GR original and continuous
97044-46. July 6, 1994]. distillation from mash, wort,
wash, sap, or syrup through
Recruitment and continuous closed vessels
placement. Any act of and pipes until the
canvassing, enlisting, manufacture thereof is
contracting, transporting, complete. [Sec. 1, PD 426].
utilizing, hiring or procuring
workers, and includes Recto Law. Act 4122, now
referrals, contract services, Art. 1484 of the Civil Code,
promising or advertising for which provides: "In a
employment, locally or contract of sale of personal
abroad, whether for profit or property the price of which is
not: Provided, That any payable in installments, the
person or entity which, in vendor may exercise any of
any manner, offers or the following remedies: (a)
promises for a free Exact fulfillment of the
employment to two or more obligation, should the
persons shall be deemed vendee fail to pay; (b) cancel
969
the sale, should the vendee's Redeemable security. Any

failure to pay cover two or security, other than short-
more installments; (c) term paper, under the terms
foreclose the chattel of which the holder, upon its
mortgage on the thing sold, presentation to the issuer or
if one has been constituted, to a person designated by
should the vendee's failure the issuer, is entitled to
to pay cover two or more receive approximately his
installments. In this case, he proportionate share of the
shall have no further action issuer's current net assets,
against the purchaser to or the cash equivalent
recover any unpaid balance thereof. [Sec. 3, RA 2629].
of the price. Any agreement
to the contrary shall be Redeemable shares. Corp.
void.” [Dela Cruz v. Asian Law. Shares which may be
Consumer, GR 94828. Sep. issued by the corporation
18, 1992]. when expressly so provided
in the articles of
Recuse. The process by incorporation. They may be
which a judge is disqualified purchased or taken up by
from hearing a case, on his the corporation upon the
own motion or upon the expiration of a fixed period,
objection of either party. regardless of the existence
[Glossary of Legal Terms of unrestricted retained
(Pro-Se), 2004]. earnings in the books of the
corporation, and upon such
Reddendo singula singulis. other terms and conditions
Lat. Referring each to each. as may be stated in the
Referring each phrase or articles of incorporation,
expression to its appropriate which terms and conditions
object. Let each be put in its must also be stated in the
proper place, that is, the certificate of stock
words should be taken representing said shares.
distributively. [People v. [Sec. 8, Corp. Code].
Tamani, GR L-22160 & L-
22161. Jan. 21, 1974, citing Redemption. Buying back.
76 C. J. S. 175]. When a vendor later buys
the property back. A right of
Redeemable bonds. Corp. redemption gives the vendor
Law. Bonds which give the the right to buy back the
issuer the right to pay off the property. [Duhaime's Legal
bonds even before maturity. Dict., 2004]. See Right of
[Diaz, Bus. Law Rev., 1991 redemption and Equity of
Ed., p. 269]. redemption.

970
Redemptioner. A creditor Redress. To set right; to

having a lien by attachment, remedy; to compensate; to
judgment or mortgage on remove the causes of a
the property sold, or on grievance. [Glossary of Legal
some part thereof, Terms (Pro-Se), 2004].
subsequent to the judgment
under which the property Reduction in price. Remedy
was sold. [Medida v. CA, GR that allows a buyer to pay
98334. May 8, 1992]. less for non-conforming
goods in those cases where
Redhibitory action. An the buyer is not entitled to
action to withdraw from the damages. [Intl. Law Dict. &
contract, with damages. [Art. Direct., 2000].
1567, CC].
Redundancy. Labor. It exists
Redhibitory defect. An where the services of an
imperfection or defect of employee are in excess of
such nature as to engender what is reasonably
a certain degree of demanded by the actual
importance. An imperfection requirements of the
or defect of little enterprise. [Almodiel v.
consequence does not come NLRC, GR 100641. June 14,
within the category of being 1993].
redhibitory. [Moles v. IAC,
GR 73913. Jan. 31, 1989]. Redundant position. Labor.
Where a position is
Re-direct examination. superfluous, and superfluity
Evid. 1. The re-examination of a position or positions
of the witness by the party may be the outcome of a
calling him, after the cross- number of factors, such as
examination has been overhiring of workers,
concluded, to explain or decreased volume of
supplement his answers business, or dropping of a
given during the cross- particular product line or
examination. [Sec. 7, Rule service activity previously
132, RoC]. 2. Opportunity to manufactured or undertaken
present rebuttal evidence by the enterprise. The
after one's evidence has employer has no legal
been subjected to cross- obligation to keep in its
examination. [Glossary of payroll more employees than
Legal Terms (Pro-Se), are necessary for the
2004]. Compare with Re- operation of its business.
cross examination. [Wiltshire File Co., Inc. v.
NLRC, GR 82249, Feb. 7,
1991, 193 SCRA 665, 672].
971
Rev., 1991 Ed., p. 366, citing

Re-export permit. A permit Sec. 131, NIL].
authorizing an individual to
bring out of the country a Referendum. Pol. Law. 1. The
previous imported wildlife. power of the electorate to
[Sec. 5, RA 9147]. approve or reject a
legislation through an
Referee. Rem. Law. A person election called for the
to whom the court refers a purpose. It may be of two
pending case to take classes, namely: (a)
testimony, hear the parties, Referendum on statutes
and report back to the court. which refers to a petition to
A referee is an officer with approve or reject an act or
judicial powers who serves law, or part thereof, passed
as an arm of the court. by Congress; and (b)
[Glossary of Legal Terms referendum on local law
(Pro-Se), 2004]. Also called which refers to a petition to
Commissioner. approve or reject a law,
resolution or ordinance
Referee. Also Sentenciador. enacted by regional
A person who watches and assemblies and local
oversees the proper gaffing legislative bodies. [Sec. 3,
of fighting cocks, determines RA 6735]. 2. The right
the physical condition of reserved to the people to
fighting cocks while adopt or reject any act or
cockfighting is in progress, measure which has been
the injuries sustained by the passed by a legislative body
cocks and their capability to and which in most cases
continue fighting and would without action on the
decides and make known his part of electors become a
decision by work or gestures law. [Cruz, Phil. Pol. Law,
and result of the cockfight 1991 Ed., p. 169]. Compare
by announcing the winner or with Plebiscite.
declaring a tie or no contest
game. [Sec. 4, PD 449]. Referral selling. The sales
device employed by the
Referee in case of need. sellers wherein the buyer is
Nego. Inst. A person whose induced to acquire goods or
name is inserted by the services by representing that
drawer on the bill, to whom after the acquisition of the
the holder may resort in goods or services, he will
case the bill is dishonored by receive a rebate,
non-acceptance or non- commission or other benefit
payment. [[Diaz, Bus. Law in return for the submission
of names of potential
972
customers or otherwise incidental to production or to

helping the seller enter into transportation. [Sec. 74, RA
other sales, if the receipt of 387].
such benefit is contingent on
an event occurring after the Refining concession. A
sale is made. [Art. 4, RA concession which grants to
7394]. the concessionaire the right
to manufacture or refine
Refer to drawer. A banking petroleum, or to extract its
phrase indicating that there derivatives. [Art. 10, RA
was no deposit or 387].
arrangement with the bank
for the payment of the Reformation. That remedy in
dishonored check. [Moreno’s equity by means of which a
Law Dict., 2000 Ed., p. 395]. written instrument is made
or construed so as to
Refined gold. Gold that has express or conform to the
been purified to the fineness real intention of the parties.
acceptable to the Central [NIA v. Gamit, GR 85869.
Bank (now Bangko Sentral). Nov. 6, 1992].
[Sec. 1, RA 6364].
Reformation of a contract.
Refining. 1. A process where As enumerated in Art. 1359
impurities and/or deleterious of the Civil Code, its
materials are removed from requisites are: (a) There
a mixture in order to must have been a meeting
produce a pure element of of the minds to a contract;
compound. it shall also refer (b) the instrument or
to partial distillation and document evidencing the
electrolysis. [Sec. 3, PD contract does not express
1185]. 2. The processing or the true intention of the
treating of petroleum by parties; and (c) the failure of
chemical or physical means the instrument to express
for the purpose of making or the true intention of the
separating marketable parties must be due to
products; not including, mistake, fraud inequitable
however, such operations, conduct or accident. [Mata v.
separate from the foregoing, CA, GR 87880, Apr. 7, 1992,
as gas compression, removal citing Tan Sua Sia v. Yu Baio
of noxious gases, crude oil Sontua, 56 Phil. 711].
stabilization or treatment for
emulsion, or any other Reformation of
operation which has as its instruments. That remedy
principal aim the avoidance in equity by means of which
of hazard or loss, or which is a written instrument is made
973
or construed so as to machineries housed in a

express or conform to the building with cold storage
real intention of the parties fish and other perishable
when some error or mistake commodities. [Sec. 3, PD
has been committed. [Veluz 43].
v. Veluz, GR L-23261. July
31, 1968, citing 53 CJ 906, Refrigeration equipment.
cited in Padilla's Civil Code Gas, solar or electrically
Annotated, Vol. II, p. 431]. operated machines for the
control of medium and low
Reformation of temperature such as
instruments. Requisites: conventional and frost-free
(a) There is a valid contract; household and commercial
(b) the contract is in writing; refrigerators and freezers;
and (c) the written contract beverage coolers, water
did not express the true coolers, ice cream, ice drop
intention of the parties due and ice cube making
to mistake, fraud, machines and vendo
inequitable conduct or machines; cold storage,
accident [Art. 1359, CC]. brine tanks, brine and
storage coils; sealed, semi-
Refresher. Process of further seal and open type
training in work currently refrigeration compressors.
performed in order to [Sec. 1, PD 1572].
improve job performance.
This also refers to training to Refugee. Intl. Law. Any
regain skills and knowledge person who is outside the
which may have been partly country of his nationality, or
forgotten as a result of if he has no nationality, the
length interruptions in the country of his former
performance of an habitual residence, because
occupation. [Sec. 1, Rule 1, he has had or had well-
Book 2, IRR of LC]. grounded fear of persecution
by reason of his race,
Refrigerating and cold religion, nationality or
storage plants. 1. A set of political opinion and is
refrigerating machinery unable or, because of such
housed in a building with fear, is unwilling to avail
cold storage compartments, himself of the protection of
for making ice and freezing the government of the
and storing fish and country of his nationality, or,
fishery/aquatic products if he has no nationality, to
exclusively for the fishery return to the country of his
industry. [Sec. 3, PD 704]. 2. former habitual residence.
A set of refrigerating
974
[Sandoval, Pol. Law Reviewer Refusing to act within a

2003]. reasonable time on any
matter before public
Refusal of assistance. Crim. officer for some
Law. The felony committed pecuniary or material
by a public officer who, upon benefit. The elements of
demand from competent Sec. 3(f) of the Anti-Graft
authority, shall fail to lend and Corrupt Practices (RA
his cooperation towards the 3019) are that: (a) The
administration of justice or offender is a public officer;
other public service, if such (b) the said officer has
failure shall result in serious neglected or has refused to
damage to the public act without sufficient
interest, or to a third party. justification after due
[Art. 233, RPC]. demand or request has been
made on him; (c) reasonable
Refusal to discharge time has elapsed from such
elective office. Crim. Law. demand or request without
The felony committed by any the public officer having
person who, having been acted on the matter pending
elected by popular election before him; and (d) such
to a public office, shall failure to so act is for the
refuse without legal motive purpose of obtaining,
to be sworn in or to directly or indirectly, from
discharge the duties of said any person interested in the
office. [Art. 234, RPC]. matter some pecuniary or
material benefit or
Refuse. 1. Garbage, waste, advantage in favor of an
wood residues, sand, lime interested party, or
cinders ashes, offal, discriminating against
nightsoil, tar, dye staffs, another. [Coronado v.
acids, chemicals and Sandiganbayan, GR 94955.
substances other than Aug. 18, 1993].
sewage and industrial
wastes that may cause Regalian doctrine. 1. All
pollution. [Sec. 3, PD 979]. 2. lands not otherwise clearly
An inclusive term for all solid appearing to be privately-
waste products consisting of owned are presumed to
garbage, rubbish, ashes, belong to the State. Forest
night soil, manure, dead lands, like mineral or timber
animals, street sweepings lands which are public lands,
and industrial wastes. [Sec. are not subject to private
81, PD 856]. ownership unless they under
the Constitution, become
private properties. In the
975
absence of such spread over the

classification, the land geographical territory of at
remains unclassified public least a majority of the cities
land until released therefrom and provinces comprising
and rendered open to the region. [Sec. 3, RA
disposition. [Dir. of Lands v. 7941].
IAC, GR 73246. Mar. 2, 1993,
219 SCRA 339]. 2. The Region of war. Intl. Law. The
doctrine that holds that all place where the belligerents
lands of the public domain may lawfully engage each
are owned by the State, other, as distinguished from
[Sec. 2. Art. XII, 1987 Const.] the theater of war. [Cruz,
and that the State is the Intl. Law Reviewer, 1996 Ed.,
source of any asserted right pp. 138-139].
to ownership in land and
charged with the Registered bond. Corp. Law.
conservation of such One which is payable only to
patrimony. [Rep. v. CA, 89 the person whose name
SCRA 648 (1979)]. appears on the face of the
bond certificate and in the
Regalian theory. A doctrine bond register of the
which states that all lands in company; hence, it is not
the Philippines are presumed negotiable. It is, however,
to belong to the transferable, and the
government, and anyone transfer of a registered bond
who claims ownership or title is possible only by recording
to a land must positively the transfer on the transfer
establish that he acquired books of the company and
the same by any of the registering the name of the
modes allowed by law, or new owner, [Martin,
that he and his Commentaries and Jurisp. on
predecessors-in-interest Comml. Laws, Vol. 1, 1988
have been in possession of Rev. Ed., p. 69].
the land since time
immemorial. [Moreno’s Law Registered enterprises.
Dict., 2000 Ed., p. 396]. Any individual, partnership,
cooperative, corporation or
Regional language. The other entity incorporated
lingua franca or the and/or organized and
commonly spoken language existing under Philippine
of a region. [Sec. 3, RA laws; and registered with the
7104]. Board of Investments. [Art.
11, EO 226 (1987)].
Regional party. A party the
constituency of which is
976
Registered export Registered mark. Trademark

producer. Any person, with the words "Registered
corporation, partnership, or in the Philippines Patent
other entity doing business Office" or "Reg. Phil. Pat.
in the Philippines, (a) Off." or the letter "R"
registered with Philippine enclosed within a circle. [RA
Export Councils; (b) engaged 166].
in the manufacture,
production or processing of Registered tourism
articles or products for enterprise. A person,
export in commercial corporation, partnership or
quantity; and (c) directly other entity organized and
exporting its products, or existing under the Philippine
selling them (1) to a Constitution registered with
registered export trader that the Philippine Tourism
subsequently exports the Authority in accordance with
said products, or (2) to and as defined by PD 535,
another export producer who and engaged in or proposing
utilizes said products as to engage in rendering
direct materials or input in services to foreign tourists
product subsequently and travelers covered by the
manufactured or processed Tourism Priorities Plan and
by them and thereafter subject to the guidelines
exported or (3) to foreign prepared by the DOT. [Sec.
tourists, when paid for in 38, PD 564; Sec. 1, PD 534].
acceptable foreign currency
and actually brought out of Registered voter. Elec. Law.
the Philippines by the buyers One who is duly registered in
upon their departure. [Sec. the list of voters because he
187, NIRC, as amended]. possesses the qualifications
for suffrage. [Suarez, Pol.
Registered export trader. Law Reviewer, 1st Ed., 2002,
Any person, corporation, p. 309].
partnership or other entity
doing business in the Register of Deeds, Office
Philippines (a) registered of the. 1. A public
with the Philippine Export depository of records of
Council; and (b) who is public documents affecting
engaged in the buying of the title to lands in the
Philippine-made products province or in the city where
and subsequently exporting the lands are located.
the same. [Sec. 187, NIRC, [Tolentino, Civil Code of the
as amended]. Phil., Vol. II, Repr. 2001, p.
436, citing Sec. 193, Admin.
Code]. 2. The office where
977
the inscription or annotation

of acts and contracts Registration (of voters).
relating to ownership and Elec. Law. A method of
other rights over real proof, prescribed for
property are recorded. ascertaining who are
[Torres, Oblig. & Cont., 2000 qualified to cast votes.
Ed., p. 354]. [Suarez, Pol. Law Reviewer,
1st Ed., 2002, p. 309, citing
Registration. A ministerial People v. Carleton, 41 Miss.
act by which a deed, 523].
contract, or instrument is
sought to be inscribed in the Registration proceedings.
records of the Office of the Labor. Proceedings involving
Register of Deeds and the application for
annotated at the back of the registration of labor
Certificate of title covering organizations. [Sec. 1, Rule
the land subject of the deed, 1, Book 5, IRR of LC].
contract or instrument. Its
purpose is to give notice Registration statement.
thereof to all persons (Sec. The application for the
51, Act 496) and does not registration of securities
declare that the recorded required to be filed with the
instrument is a valid and Tariff Commission. [Sec. 3,
subsisting interest in the RA 8799].
land. This is so because the
effect or validity of the Registry of property. An
instrument can only be institution of the State which
determined in an ordinary publishes the juridical
case before the courts, not situation and vicissitudes of
before a court acting merely real properties and real
as a registration court which rights therein, showing
has no jurisdiction over the thereby the acts relative to
same. [Seton v. Rodriguez, said properties. [Tolentino,
GR L-16285. Dec. 29, 1960]. Civil Code of the Phil., Vol. II,
Repr. 2001, p. 449, citing
Registration of agreement. Ventura, Land Registration
Labor. The filing of the and Mortgages, p. 39].
collective bargaining
agreement with the Regional Regressive tax. Tax the rate
Office or the Bureau of Labor of which decreases as the
Relations accompanied by tax base or bracket
verified proof of posting and increases. (There is no such
ratification and payment of tax in the Philippines.) [De
fee. [Sec. 1, Rule 1, Book 5, Leon, Fundamentals of
IRR of LC]. Taxation, 2000 Ed., p. 15].
978
Regular employment.
Regular. Steady or uniform in Employment where the
course, practice, or employee has been engaged
occurrence, as opposed to to perform activities which
casual or occasional. [Rep. v. are usually necessary or
Asuncion, GR 108208. Mar. desirable in the usual
11, 1994, citing Black's Law business or trade of the
Dict. 1285 (6th Ed., 1990)]. employer, except where the
employment has been fixed
Regular appointment. An for a specific project or
appointment made by the undertaking the completion
President while Congress is or termination of which has
in session. It takes effect been determined at the time
only after confirmation by of the engagement of the
the Commission on employee or where the work
Appointments. Once the or services to be performed
same is approved, it is seasonal in nature and the
continues until the end of employment is for the
the term of the appointee. duration of the season. [Art.
[Suarez, Pol. Law Reviewer, 280, CC]. Compare with
1st Ed., 2002, p. 393]. Casual employment.
Compare with Ad interim
appointment. Regular farmworker. A
natural person who is
Regular employee. An employed on a permanent
employee who has been basis by an agricultural
performing the job for at enterprise or farm. [Sec. 3,
least one year, even if the RA 6657].
performance is not
continuous or merely Regulate. The term includes
intermittent. The law deems the power to control, to
the repeated and continuing govern, and to restrain; but
need for its performance as it should not be construed as
sufficient evidence of the synonymous with 'suppress'
necessity if not or 'prohibit’. [Samson v. City
indispensability of that Mayor of Bacolod, GR L-
activity to the business. 28745. Oct. 23, 1974].
Hence, the employment is
also considered regular, but Regulated drug. This
only with respect to such includes self-inducing
activity and while such sedatives, such as
activity exists. [De Leon v. secobarbital, phenobarbital,
NLRC, GR 70705. Aug. 21, pentobarbital, barbital,
1989]. amobarbital and any other
drug which contains a salt or
979
a derivative of a salt of
barbituric acid; any salt, Rehabilitate-own-and-
isomer or salt of an isomer, operate. A contractual
of amphetamine, such as arrangement where-by an
benzedrine or dexedrine, or existing facility is turned
any drug which produces a over to the private sector to
physiological action similar refurbish and operate with
to amphetamine; and no time limitation imposed
hypnotic drugs, such as on ownership. As long as the
methaqualone or any other operator is not in violation of
compound producing similar its franchise, it can continue
physiological effects. [Sec. 2, to operate the facility in
RA 6425]. perpetuity. [Sec. 2, RA
7718].
Regulatory agency. Any
agency expressly vested Rehabilitation. 1. An
with jurisdiction to regulate, integrated approach to
administer or adjudicate physical, social, cultural,
matters affecting substantial spiritual, educational and
rights and interests of vocational measures that
private persons, the principal create conditions for the
powers of which are individual to attain the
exercised by a collective highest possible level of
body, such as a commission, functional ability. [Sec. 4, RA
board or council. [Sec. 2, 7277]. 2. The restoration of
Admin. Code of 1987]. the disabled or handicapped
to the fullest physical,
Rehabilitate-operate-and- mental, social and economic
transfer. A contractual usefulness of which he is
arrangement whereby an capable with in the
existing facility is turned limitations of the disability or
over to the private sector to handicap. [Sec. 11, PD
refurbish, operate and 1509]. 3. The process by
maintain for a franchise which there is provided a
period, at the expiry of balanced program of
which the legal title to the remedial treatment,
facility is turned over to the vocational assessment and
government. The term is preparation designed to
also used to describe the meet the individual needs of
purchase of an existing each handicapped employee
facility from abroad, to restore him to suitable
importing, refurbishing, employment, including
erecting and consuming it assistance as may be within
within the host country. its resources to help each
[Sec. 2, RA 7718]. rehabilitee to develop his
980
mental, vocational or social disabled individuals. [Sec. 1,

potential. [Sec. 1, Rule 9, Rule 9, Rules on Employees
Rules on Employees Compensation].
Compensation]. 4. Corp.
Law. It contemplates a Rehabilitation facility. An
continuance of corporate life organized service offering
and activities in an effort to one or more types of service
restore and reinstate the for the rehabilitation of the
corporation to its former handicapped individual.
position of successful [Sec. 1, Rule 9, Rules on
operation and solvency. Employees Compensation].
[Ruby Industrial Corp. v. CA,
GR 124185-87. Jan. 20, Rehabilitation medicine. At
1998]. the patient level, the clinical
management of the
Rehabilitation center. 1. problems associated with
Health Ins. A facility, which disability, with the objective
undertakes rehabilitation of of improving to the
drug dependents. It includes maximum level the physical,
institutions, agencies and socio-economic and
the like which have for their physiological functioning of a
purpose, the development of disabled individual. Medical
skills, or which provides rehabilitation is an
counseling, or which seeks integrated part of the total
to inculcate, social and medical care. Total
moral values to clientele rehabilitation is best
who have a drug problem achieved through the
with the pain of weaning coordinated work of various
them from drugs and making health disciplines like
them drug-free, adapted to medicine, psychology, social
their families and peers, and work, physical therapy,
readjusted into the occupational therapy,
community as law-abiding, speech and hearing, nursing,
useful and productive vocational evaluation,
citizens. [Sec. 1, RA 9241]. dietetics, and special
2. Child and Youth Welfare education. [Sec. 2, RA 5680].
Law. An institution that
receives and rehabilitates Rehabilitation
youthful offenders or other receivership. Corp. Law.
disturbed children. [Art. 117, The placement of a
PD 603]. 3. An organized distressed company under
service of varied rehabilitation, followed by
rehabilitation measures the appointment of a
usually located in one site management which shall
for the rehabilitation of hold in trust all assets of a
981
corporation under and generally, under the

rehabilitation receivership statutes, there is no new
for the equal benefit of all corporation but the company
creditors to preclude one is the same before
from obtaining an advantage reincorporation. [Moreno’s
or preference over another Law Dict., 2000 Ed., p. 398].
by the expediency of
attachment, execution or Reinstate. Admin. Law. To
otherwise. [Claridades, A., restore to a state, condition,
Compilation of Notes, 2001- position, etc. from which one
2006]. had been removed. [Globe-
Mackay Cable and Radio
Rehabilitee. A disabled Corp. v. NLRC, GR 82511.
individual undergoing Mar., 1992].
rehabilitation (student-
rehabilitee or trainee) or who Reinstatement. Admin. Law.
has finished a prescribed 1. The reappointment of a
course in rehabilitation in person who was previously
which he is known as a separated from the service
graduate-rehabilitee or through no delinquency or
trainee. [Sec. 1, Rule 9, misconduct on his part from
Rules on Employees a position in the career
Compensation]. service to which he was
permanently appointed, to a
Rehearing. Another hearing position for which he is
of a civil or criminal case by qualified. [CSC Rules on
the same court in which the Personnel Actions and
case was originally heard. Policies, Nov. 10, 1975]. 2.
[Glossary of Legal Terms Restoration to a state or
(Pro-Se), 2004]. condition from which one
had been removed or
Reincidencia. See separated. [Grolier Intl. v.
Recidivism. Amansec, GR 83523. Aug.
31, 1989].
Reincorporation. Corp. Law.
The taking out of a new Reinsurance broker. One
charter by a corporation in who, for compensation, not
order to correct errors or being a duly authorized
defects in the original agent, employee or officer of
incorporation, or to enlarge an insurer in which any
the powers or limit the reinsurance is effected, act
liabilities of the corporation, or aids in any manner in
or to lengthen or revive the negotiating contracts of
corporate life. It is an reinsurance, or placing risks
amendment of the charter, of effecting reinsurance, for
982
any insurance company Co. v. Auditor Gen., GR L-

authorized to do business in 19255. Jan. 18, 1968, citing
the Philippines. [Sec. 310, Pioneer Life Ins. Co. v.
Ins. Code]. Alliance Life Ins. Co., 30 N.E.
2d 66, 72].
Reinsurance contract. 1. A
contract by which an insurer Reiteracion. Also
procures a third person to Habituality. An aggravating
insure him against loss or circumstance in which the
liability by reason of such offender shall have been
original insurance. [Sec. 95, punished previously for an
IC]. 2. It is for the purpose of offense to which the law
distributing or relieving the attaches an equal or greater
insurer of a risk that is penalty or for two or more
deemed so large that a crimes to which it attaches a
payment in case of loss lighter penalty. [People v.
would seriously cripple and Real, GR 93436. Mar. 24,
endanger the solvency of the 1995, citing Art. 14 (10),
original insurer. [Tiopianco, RPC].
Commentaries & Jurisp. on
the Ins. Code of the Phil., Rejoinder. 1. The second
1999 Ed., p. 97]. 3. The pleading on the part of the
insuring of a risk or part of a defendant, being his answer
risk, by the principal insurer to the plaintiff’s replication
with another insurer known (or reply). [Black’s Law Dict.,
as the reinsurer. In other Abr. 5th Ed. (1983), p. 669].
words, it is insurance of all 2. Opportunity for the side
or part of one insurer's risk that opened the case to offer
by a second insurer, who limited response to evidence
accepts the risk in exchange presented during the
for a percentage of the rebuttal by the opposing
original premium. [Tetley, side. [Glossary of Legal
Glossary of Conflict of Laws, Terms (Pro-Se), 2004]. See
2004]. Compare with Co- Rebuttal.
insurance.
Related theoretical
Reinsurance treaty. It is instructions. Technical
merely an agreement information based on
between two insurance apprenticeship standards
companies whereby one approved by the Bureau of
agrees to cede and the other Apprenticeship designed to
to accept reinsurance provide the apprentice
business pursuant to theoretical competence in
provisions specified in the his trade. [Sec. 2, Rule 6,
treaty. [Phil. Amer. Life Ins. Book 3, IRR of LC].
983
can neither favor nor

Relations back doctrine. prejudice a third person. 2.
See Doctrine of relations. Contracts take effect only
between the parties, their
Relationship proximity. This assigns and heirs, except in
is determined by the number case where the rights and
of generations. Each obligations arising from the
generation forms a degree. contract are not
[Art. 963, CC]. transmissible by their
nature, or by stipulation or
Relative poverty. The gap by provision of law. [Art.
between the rich and the 1311, CC].
poor. [Sec. 3, RA 8425].
Relator. An informer; a
Relatives. Any and all person who has supplied the
persons related to a public facts required for a criminal
official or employee within prosecution or a civil suit.
the fourth civil degree of [Duhaime's Legal Dict.,
consanguinity or affinity, 2004].
including bilas, inso and
balae. [Sec. 3, RA 6713]. Relevant evidence.
Evidence which has a
Relative simulation of a relation to the fact in issue
contract. It takes place as to induce belief in its
when the parties conceal existence or non-existence.
their true agreement. [Art. [Claridades, A., Compilation
1345, CC]. A relative of Notes, 2001-2006].
simulation, when it does not
prejudice a third person and Relics. Cultural properties
is not intended for any which, either as a whole or
purpose contrary to law, in fragments, are left behind
morals, good customs, public after the destruction or
order or public policy binds decay of the rest of its parts
the parties to their real and which are intimately
agreement. [Art. 1346, CC]. associated with important
beliefs, practices, customs
Relativity of contracts. 1. and traditions, periods and
The principle of Civil Law personages. [Sec. 3, RA
that a contract can only bind 4846].
the parties who had entered
into it or their successors Relief. 1. Rem. Law. The
who have assumed their redress sought or prayed for
personality or their judicial by the plaintiff. [Bachrach v.
position, and that, as a Icaringal, 68 Phil. 287].
consequence, such contract Compare with Remedy. 2.
984
Admin. Law. The whole or Cantwell v. Connecticut, 54

part of any grant of money, LW 4298 (1986)].
assistance, license,
authority, privilege, Remaining economic life.
exemption, exception, or The period of time (years)
remedy; recognition of any from the date of appraisal to
claim, right, immunity, the date when the
privilege, exemption or machinery becomes
exception; or taking of any valueless. [Sec. 3, PD 464].
action upon the application
or petition of any person. Remaining value. The value
[Sec. 2, Chap. 1, Book VII, EO corresponding to the
292]. remaining useful life of the
machinery. [Sec. 3, PD 464].
Relief from judgment,
petition for. See Petition Remains. The body of a dead
for relief from judgment. person. [Sec. 89, PD 856].
Religion. 1. Any specific Remand. 1. To send a dispute

system of belief, worship, back to the court where it
conduct, etc., often involving was originally heard. Usually,
a code of ethics and a it is an appellate court that
philosophy. [Cruz, Constl. remands a case for
Law, 1998 Ed., p. 171, citing proceedings in the trial court
Webster’s New World Dict., consistent with the appellate
p. 1228]. 2. A profession of court's ruling. [Glossary of
faith to an active power that Legal Terms (Pro-Se), 2004].
binds and elevates man to 2. To send back. The sending
his Creator. [Aglipay v. Ruiz, by the appellate court of the
64 Phil. 201]. cause back to the same
court out of which it came,
Religious profession and for purpose of having some
worship, right to. It has a further action taken on it
two-fold aspect, viz: freedom there. [Black’s Law Dict.,
to believe and freedom to Abr. 5th Ed. (1983), p. 672].
act on one's beliefs. The first
is absolute as long as the Remedial or adjective law.
belief is confined within the That branch of law which
realm of thought. The prescribes the method of
second is subject to enforcing rights or obtains
regulation where the belief is redress for their invasion.
translated into external acts [Bustos v. Lucero, GR L-
that affect the public 2068. Oct. 20, 1948].
welfare. [Cruz, Constl. Law, Compare with Substantive
1998 Ed., p. 181, citing law.
985
Ed. (1983), p. 672]. Compare

Remedial statute. 1. A with Relief.
statute that does not create
new rights or take away Remission. See
rights that are already Condonation.
vested. It only operates in
furtherance of a remedy or Remission. Requisites. For
confirmation of rights remission to result in the
already in existence. It does total or partial
not come within the legal extinguishment of the
purview of a prospective law. obligation, the following
As such, it can be applied requisites must concur: (a) It
retroactively independent of must be gratuitous; (b) it
the general rule against the must be accepted by the
retrospective application of obligor; and (c) the
statutes. [Casabar v. Sino obligation must be
Cruz, GR L-6882, Dec. 29, demandable. [Moreno’s Law
1954]. 2. Being procedural in Dict., 2000 Ed., p. 400].
nature, it shall apply to all
actions pending at the time Remittance. The amount of
of its enactment except only the foreign exchange
with respect to those cases earnings remitted by a
which had already attained contract worker or seaman
the character of a final and to any beneficiary in the
executory judgment. [People Philippines through the
v. Sumilang, 77 Phil 764 Philippine banking system.
(1946); Mun. Govt. of Coron, [Sec. 1, Rule 1, IRR of LC].
Palawan v. Cariño, 154 SCRA
216 (1987)]. See Curative Remitted. Forwarded, sent,
statutes. or transmitted. [Bank of
America NT & SA v. CA, GR
Remedy. 1. Legal or judicial 103092. July 21, 1994].
means by which a right or
privilege is enforced or the Remittitur. The remand of
violation of a right or the record to the lower
privilege is prevented, court. [Sebastian Enterprises
redressed, or compensated. v. CA, GR L-41862. Feb. 7,
[Glossary of Legal Terms 1992].
(Pro-Se), 2004]. 2. The
means by which a right is Remodeling. The
enforced or the violation of a introduction of some
right is prevented, changes in the shape or
redressed, or compensated. form of the body of the
[Black’s Law Dict., Abr. 5th motor vehicle. [Sec. 2, RA
6539].
986
be remunerated. [Art. 1350,

Removal. The term imports CC].
the separation of the
incumbent before the Remuneratory donation.
expiration of his term One where the donee gives
(which) is allowed by the something to reward past or
Constitution only when it is future services or because of
for cause as provided by law. future charges or burdens,
[Achacoso v. Macaraig, GR when the value of said
93023. Mar.13, 1991]. services, burdens or charges
is less than the value of the
Removal, sale or pledge of donation. [De Luna v. Abrigo,
mortgaged property. GR 57455. Jan. 18, 1990].
Crim. Law. The felony Compare with Simple
committed by any person donation or Onerous
who shall knowingly remove donation.
any personal property
mortgaged under the Chattel Rendition of judgment. The
Mortgage Law to any filing of the signed decision
province or city other than with the clerk of court, and
the one in which it was not the pronouncement of
located at the time of the the judgment in open court.
execution of the mortgage, Before such filing, the
without the written consent decision may still be subject
of the mortgagee, or his to amendment and change
executors, administrators or and may not yet be
assigns, or by any mortgagor considered effective and
who shall sell or pledge binding. [Ago v. CA, GR L-
personal property already 17898. Oct. 31, 1962].
pledged, or any part thereof, Compare with
under the terms of the Promulgation.
Chattel Mortgage Law,
without the consent of the Renew. To make new again;
mortgagee written on the to restore to freshness; to
back of the mortgage and make new spiritually; to
noted on the record hereof regenerate; to begin again;
in the office of the Register to recommence; to resume;
of Deeds of the province to restore to existence; to
where such property is revive; to re-establish; to
located. [Art. 319, RPC]. recreate; to replace; to grant
or obtain an extension of.
Remuneratory contract. A [Alhambra Cigar v. SEC, GR
con-tract the cause of which L-23606. July 29, 1968, citing
is the service or benefit to Webster's New Intl. Dict.].

987
Renewable energy monthly or other basis. [Sec.

resources. Energy 2, BP 877; Sec.4, RA 9161].
resources that do not have 2. The amount paid for the
an upper limit on the total use of dwelling units or land
quantity to be used. Such on which another's dwelling
resources are renewable on is located whether payment
a regular basis and the is made on a fifteen-day,
renewable rate is rapid monthly or other basis. [Sec.
enough to consider 2, RA 6359; Sec. 2, RA
availability over an indefinite 6126].
time. These include, among
others, biomass, solar, wind, Rent Control Law. BP 877
hydro and ocean energy. entitled “An Act providing for
[Sec. 4, RA 9136]. the stabilization and
regulation of, rentals of
Renovation. Any physical certain residential units for
change made on a building other purposes” enacted on
or structure to increase its June 12, 1985.
value, utility and/or to
improve its aesthetic quality. Renunciation. Nego. Inst.
[Moreno’s Law Dict., 2000 The act of surrendering a
Ed., p. 401]. right or claim without
recompense, but it can be
Rent. The consideration paid applied with equal propriety
by a tenant to a landlord in to the relinquishing of a
exchange for the exclusive demand upon an agreement
use and enjoyment of land, a supported by a
building or a part of a consideration. [Claridades,
building. Under normal A., Compilation of Notes,
circumstances, the rent is 2001-2006].
paid in money and at regular
intervals, such as the first of Renvoi doctrine. Reference
every month. The word has back. 1. The doctrine holding
also come to be used as a that court of the forum, in
verb as in to rent an determining the question
apartment, although the before it, must take into
proper legal term would be account the whole law of the
to lease an apartment. other jurisdiction, but also its
[Duhaime's Legal Dict., rules as to conflict of laws,
2004]. and then apply the law to
the actual question which
Rental. 1. The amount paid the rules of the other
for the use or occupancy of a jurisdiction prescribe. This
residential unit whether may be the law of the forum.
payment is made on a [In re: Aznar v. Christensen,
988
GR L-16749. Jan. 31, 1963, privileges; (g) an exchange

citing 2 Am. Jur. 296]. 2. The of securities issued by
application of the conflict another company or
rules of one state by the companies, preliminary to
court or tribunal of another and for the purpose of
state, in order to solve a effecting or consummating
conflict of laws problem. any of the foregoing; or (h)
[Tetley, Glossary of Conflict any exchange of securities
of Laws, 2004]. by a company which is not
an investment company for
Reorganization. 1. Admin. securities issued by a
Law. A recognized valid registered investment
ground for separation of civil company. [Sec. 3, RA 2629].
service employees, subject
only to the condition that it Reorganization in good
be done in good faith. faith. A reorganization
[Domingo v. DBP, 207 SCRA designed to trim the fat off
766]. 2. Corp Law. (a) A the bureaucracy and
reorganization under the institute economy and
supervision of a court of greater efficiency in its
competent jurisdiction; (b) a operation. It is not a mere
merger or consolidation; (c) tool of the spoils system to
a sale of seventy-five per change the face of the
centum or more in value of bureaucracy and destroy the
the assets of a company; (d) livelihood of hordes of career
a restatement of the capital employees in the civil
of a company, or an service so that the new-
exchange of securities powers-that-be may put
issued by a company for any their own people in control
of its own outstanding of the machinery of
securities; (e) a voluntary government. [Blaquera v.
dissolution or liquidation of a CSC, GR 103121. Sep. 10,
company; (f) a 1993].
recapitalization or other
procedure or transaction Repacker of wines or
which has for its purpose the distilled spirits. All persons
alteration, modification, or who remove wine or distilled
elimination of any of the spirits from the original
rights, preferences, or container for repacking and
privileges of any class of selling the same at
securities issued by a wholesale. [Sec. 1, PD 426].
company, as provided in its
charter or other instrument Repainting. Changing the
creating or defining such color of a motor vehicle by
rights, preferences, and means of painting. There is
989
repainting whenever the new foreign investors will be able

color of a motor vehicle is to take out of the state both
different from its color as the investment capital they
registered in the Land brought in and the profits
Transportation (Office). [Sec. they earned. [Intl. Law Dict.
2, RA 6539]. & Direct., 2000].
Repair. The term Repealing clause. That part

presupposes decay, of the statute which
dilapidation, injury, or partial announces the legislative
destruction of the repaired intent to terminate or revoke
element; that is, bringing another statute or statutes.
back broken or damaged [Suarez, Stat. Con., (1993),
parts of a structural whole to p. 50].
their original condition [Chao
v. Aguilar, 103 Phil., 219; 54 Repeat order. A form of
Off. Gaz. (30) 7225]. negotiated purchase
whereby a local government
Repair and service firm. unit buys from the same
Any business establishment, supplier, the same items at
engaged directly or the same terms and
indirectly, in the repair, conditions as the original
service or maintenance of purchase within three (3)
any consumer product. [Art. months therefrom. [IRR on
4, RA 7394]. Supply & Prop. Mgt., per Sec.
383, LGC].
Reparation. Payment or
otherwise making amends Replacement check. A
for an injury or damages that check drawn as payment of
have been committed on or an obligation which was not
to another. [Black’s Law satisfied or covered by the
Dict., Abr. 5th Ed. (1983), p. first check earlier issued and
674]. which was dishonored by the
drawee bank. [Moreno’s Law
Repatriation. Regaining Dict., 2000 Ed., p. 401].
nationality after expatriation.
The return to one’s own Replacement or
country of investments held reproduction cost. The
by foreigners. [Black’s Law cost that would be incurred
Dict., Abr. 5th Ed. (1983), p. on the basis of current
675]. prices, in acquiring an
equally desirable substitute
Repatriation guarantee. property, or the cost of
Intl. Law. The assurance of a reproducing a new replica
host state government that property on the basis of
990
current prices with the same in an action of replevin.

or closely similar material. [Tillson v. CA, GR 89870.
[Sec. 3, PD 464]. See May 28, 1991, citing
rd
Appraisal value. Bouvier's Dict. 3 (Rawle's)
Rev., Vol. 2].
Replevin. Also Delivery of
personal property. 1. An Replication. The process of
action for the recovery of a manufacturing optical media
possession that has been by reproducing or generating
wrongfully taken. [Jurist’s copies of the stamper in an
Legal Dict., 2004]. 2. A injection molding machine or
provisional remedy in the other forms of replicating
form of an order issued by a equipment. [Sec. 3, RA
judge before whom an action 9239].
praying for the recovery of
possession of personal Reply. Rem. Law. 1. A
property is pending, for the pleading, the office or
delivery of such property to function of which is to deny,
the movant upon the filing or allege facts in denial or
by the latter of a bond to avoidance of new matters
guarantee its return or to alleged by way of defense in
answer for damages. 3. the answer and thereby join
Broadly understood, it is or make issue as to such
both a form of principal new matters. If a party does
remedy and of a provisional not file such reply, all the
relief. It may refer either to new matters alleged in the
the action itself, i.e., to answer are deemed
regain the possession of controverted. [Sec. 11, Rule
personal chattels being 6, RoC]. 2. The response by
wrongfully detained from the a party to charges raised in
plaintiff by another, or to the a pleading by the other
provisional remedy that party. [Glossary of Legal
would allow the plaintiff to Terms (Pro-Se), 2004].
retain the thing during the
pendency of the action and Representation officer. 1. A
hold it pendente lite. [Tillson person duly authorized to
v. CA, 197 SCRA 587, 598; conduct and supervise
Bouvier's Dict. 3rd (Rawle's) certification elections. [Sec.
Rev., Vol. 2; Black's Law 1, Rule 1, Book 5, IRR of LC].
Dict., 6th Ed., p. 1299]. 2. A person duly authorized
to conduct and supervise
Replevy. To re-deliver goods certification elections in
which have been distrained accordance with Rule VI of
to the original possessor of the Implementing Rules of
them, on his giving pledges the Labor Code. [Algire v. De
991
Mesa, GR 97622. Oct. 19,

1994]. Representative party.
Someone acting in a
Representation right. Succ. fiduciary capacity. He may
1. A right created by fiction be a trustee, guardian,
of law, by virtue of which the executor or administrator, or
representative is raised to a party authorized by law or
the place and the degree of the Rules of Court. An agent
the person represented, and acting in his own name and
acquires the rights which the for the benefit of an
latter would have if he were undisclosed principal who
living or if he could have may sue or be sued without
inherited. [Art. 970, CC]. 2. joining the principal except
The right of representation when the contract involves
takes place in the direct things belonging to the
descending line, but never in principal. [Sec. 3, Rule 3,
the ascending. In the RoC].
collateral line, it takes place
only in favor of the children Representative suit. The
of brothers or sisters, term is akin to a class suit in
whether they be of the full or the limited sense that the
half blood. [Art. 972, CC]. phrases found in Sec. 12 of
Rule 3 (of the Rules of
Representations. Ins. Court), "one or more may
Statements made to give sue or defend for the benefit
information to the insurer of all," and "the parties
and other wise induce him to actually before it are
enter into the insurance sufficiently numerous and
contract. [Tiopianco, representative," are similar
Commentaries and Jurisp. on to the phrase "may sue or be
the Ins. Code of the Phil., sued without joining the
1999 Ed., p. 46, citing party for whose benefit the
Vance, p. 386]. action is presented or
defended" found in Sec. 3 of
Representative. A person the same Rule. In other
who represents or stands in words, both suits are always
the place of another; one filed in behalf of another or
who represents others or others. That is why the two
another in a special terms are sometimes used
capacity, as an agent, and is interchangeably. [Liana's
interchangeable with Supermarket v. NLRC, GR
“agent." [Fortune Ins. v. CA, 111014. May 31, 1996].
GR 115278. May 23, 1995,
Black's Law Dict., 5th Ed., Reprieve. The temporary
1170]. suspension of the execution
992
of a sentence, especially of a
sentence of death. [Llamas Reprobate. A special
v. Orbos, GR 99031. Oct. 15, proceeding to establish the
1991]. validity of a will proved in a
foreign country. [Bench Book
Reprimand. A public and for Trial Court Judges, p. 3-
formal censure or severe 1].
reproof, administered to a
person in fault by his Reproduction cost. See
superior officer or a body to Replacement cost.
which he belongs. [Tobias v.
Veloso, GR L-40224. Sep. 23, Republic Acts. Statutes
1980, citing Black's Law approved by the Philippine
Dict.]. Congress from 1942 to 1972
(and from 1987 to present).
Reprisal. Intl. Law. 1. [Suarez, Stat. Con., (1993),
Unlawful acts taken by one p. 42].
state in retaliation for the
also unlawful acts of another Republicae ut sin finis
state, the purpose being to litium. Lat. It is to the
bring the offending state to interest of the state that
terms. [Cruz, Intl. Law there should be an end to
Reviewer, 1996 Ed., p. 126]. litigation. [Allied Banking
2. The act of punishing Corp. v. CA, GR 108089. Jan.
another for some injury the 10, 1994].
latter caused. An act of self-
help by the injured state, Republican form of
responding - after an government. Pol. Law. A
unsatisfied demand - to an form of government in which
act contrary to international all powers are vested in the
law committed by the executive, legislative and
offending state. Its object is judiciary. [City of Manila v.
to effect reparation from the Posadas, GR 23551. Nov. 25,
offending state for the 1925].
offense or a return to legality
by the avoidance of further Republican government.
offenses. The UN General Pol. Law. A government
Assembly in its 1970 which is run by the people
Declaration on Principles of through their chosen
International Law declared representatives who, in turn,
that "States have a duty to are accountable to the
refrain from acts of reprisal sovereign will of the people.
involving the use of force." They derive their mandate
Resolution 2625 (XXV). [Intl. from the people who elect
Law Dict. & Direct., 2000]. them for a period or term
993
that is fixed by law. [Suarez, v. IAC, GR 73610. Apr. 19,

Pol. Law Reviewer, 1st Ed., 1991, citing Hopkins v. Tate,
2002, pp. 56-57]. 255 Pa. 56, 90 A-210]. 2. It is
what people think an
Republication of wills. Succ. individual is and what they
An act of the testator say about him. [PCIB v. IAC,
whereby he reproduces in a GR 73610. Apr. 19, 1991,
subsequent will the citing Black's Law Dict., De
dispositions contained in a Luxe 4th Ed., p. 1468].
previous will which is void as
to its form or executes a Request for admission.
codicil to his will. [Jurado, Also, Request to Admit. 1.
Comments & Jurisp. on A written request which a
Succession, 1991 8th Ed., p. party, at any time after
131]. See Revival of wills. issues have been joined,
may serve upon any other
Repudiation. Succ. 1. An act party for the admission by
by virtue of which an heir, the latter of the genuineness
legatee or devisee manifests of any relevant documents
his desire in accordance with described in and exhibited
the formalities prescribed by with the request or of the
law not to succeed to the truth of any relevant matters
inheritance, legacy, or of fact set forth in the
devise. 2. A renunciation of request. Copies of the
the inheritance made in a documents shall be
public or authentic delivered with the request
instrument, or by petition unless copies have already
presented to the court been furnished. [Sec. 1, Rule
having jurisdiction over the 26, RoC]. 2. Written
testamentary or intestate statements of facts
proceedings. [Art. 1051, CC]. concerning a case which are
Compare with Acceptance. submitted to an adverse
party and which that party
Repurchase. The term is must admit or deny; a
synonymous with the term discovery device. [Glossary
“redeem” in pacto-de-retro of Legal Terms (Pro-Se),
sales. [Claridades, A., 2004].
2006]. Request for subpoena or
production of documents.
Reputation. 1. The 1. A formal request made by
consideration or estimation a party who desires the
in which a person is held production of documents for
especially by the community the issuance of the
or the public generally. [PCIB necessary subpoena duces
994
tecum at least three (3) days to' a given person by the

before the scheduled judgment of a court, which
hearing. [Sec. 7, AO 23 might perhaps be the case in
dated Dec. 17, 1992]. 2. A replevin and similar actions.
direction or command [Black's Law Dict., 4th Ed., p.
served upon another party 1469].
for production of specified
documents for review with Res adjudicata. Essential
respect to a suit; a discovery requisites: (a) There must be
device. [Glossary of Legal a final judgment or order; (b)
Terms (Pro-Se), 2004]. said judgment or order must
be on the merits; (c) the
Request to admit. See court rendering the same
Request for Admission. must have jurisdiction over
the subject matter and the
Requisition and issue parties; and (d) there must
voucher (RIV). A voucher be between the two cases
used in the requisition of identity of parties, identity of
supplies or property carried subject matter and identity
in stock. [IRR on Supply & of cause of action. [Mla. Golf
Prop. Mgt., per Sec. 383, & Country Club, Inc., GR
LGC]. 64948. Sep. 27, 1994].
Res. Lat. A thing. The vessel Rescind. 1. To declare a

or cargo to which a maritime contract void in its inception
lien attaches. [Intl. Law Dict. and to put an end to it as
& Direct., 2000]. though it never were.
[Ocampo v. CA, GR 97442.
Res adjudicata. A common June 30, 1994, citing Black's
but indefensible misspelling Law Dict., 4th Ed., p. 1471].
of res judicata. The latter 2. To abrogate or cancel a
term designates a point or contract putting the parties
question or subject matter in the same position they
which was in controversy or would have been in had
dispute and has been there been no contract.
authoritatively and finally [Duhaime's Legal Dict.,
settled by the decision of a 2004].
court; that issuable fact once
legally determined is Rescissible contract. A
conclusive as between the contract validly agreed upon
parties in same action or because all the essential
proceeding. Res adjudicata requisites are present, but
(if there be such a term) by reason of injury or
could only mean an article or damage to one of the parties
subject of property 'awarded or even to a third person,
995
the contract may be It creates the obligation to

rescinded. [Diaz, Bus. Law return the things which were
Rev., 1991 Ed., p. 83]. the object of the contract,
together with their fruits,
Rescissible contracts. and the price with its
Contracts which, under Art. interest; consequently, it can
1381 of the Civil Code, are be carried out only when he
rescissible, viz: (a) Those who demands rescission can
which are entered into by return whatever he may be
guardians whenever the obliged to restore. [Art.
wards whom they represent 1383, 1384 & 1385, CC]. 2. A
suffer lesion by more than relief which the law grants
one fourth of the value of on the premise that the
the things which are the contract is valid for the
object thereof; (b) those protection of one of the
agreed upon in contracting parties and third
representation of absentees, persons from all injury and
if the latter suffer the lesion damage that contract may
stated in the preceding cause, or to protect some
number; (c) those incompatible and
undertaken in fraud of preferential right created by
creditors when the latter the contract. [Aquino v.
cannot in any other manner Tañedo, 39 Phil. 517]. 3. The
collect the claims due them; unmaking or undoing of a
(d) those which refer to contract; repeal. [Jurist’s
things under litigation if they Legal Dict., 2004].
have been entered into by
the defendant without the Rescission. Requisites: (a)
knowledge and approval of There must be a case
the litigants or of competent established by law, meaning
judicial authority; (e) all the contract is rescissible by
other contracts specially law; (b) there is no other
declared by law to be legal remedy; (c) the party
subject to rescission. [Art. asking for rescission must be
1381, CC]. in a position to return what
he has received under the
Rescission. 1. A subsidiary contract; and (d) the object
action which cannot be of the contract must not be
instituted except when the in the possession of a third
party suffering damage has person who acted in good
no other legal means to faith. [Diaz, Bus. Law Rev.,
obtain reparation for the 1991 Ed., p. 84].
same and shall be only to
the extent necessary to Rescission in fraud of
cover the damages caused. creditors. In order that a
996
contract may be rescinded propositus for whose benefit

as in fraud of creditors, it is the reservation is
essential that it be shown established. Such relatives
that: (a) both contracting must be legitimate relatives
parties have acted of the descendant-propositus
maliciously and with fraud; within the third degree; they
(b) the purpose therefor is to must belong to the line from
prejudice said creditors; (c) which the reservable
the creditors are deprived by property came; and, they
the transaction of all means must survive the ascendant-
by which they may effect reservista. [Jurado,
collection of their claims. Comments & Jurisp. on
[Bobis v. Provl. Sheriff of Succession, 1991 8th Ed., p.
Camarines Norte, GR L- 262].
29838. Mar. 18, 1983].
Reserva troncal. The
Rescissory action. See obligation to reserve the
Acción pauliana. property by the ascendant
who inherits from his
Research. A careful hunting descendant any property
for facts or truth about a which the latter may have
subject; inquiry; acquired by gratuitous title
investigation. [Glossary of from another ascendant, or a
Legal Terms (Pro-Se), 2004]. brother or sister, as he may
have acquired by operation
Reservation. 1. A withdrawal of law for the benefit of
of a specified portion of the relatives who are within the
public domain from disposal third degree and who belong
under the land laws and the to the line from which said
appropriation thereof, for the property came. [Art. 891,
time being, to some CC].
particular use or purpose of
the general government. Reserva troncal. Persons
[Moreno’s Law Dict., 2000 involved: (a) The ascendant
Ed., p. 410]. 2. Segregation or brother or sister from
from the mass of the public whom the property was
domain for a specific public received by the descendant
purpose. [Claridades, A., by lucrative or gratuitous
Compilation of Notes, 2001- title; (b) the descendant or
2006]. prepositus (propositus) who
received the property; and
Reservatorios. The fourth (c) the reservor (reservista),
person or persons involved the other ascendant who
in reserva troncal who are obtained the property from
relatives of the descendant- the prepositus by operation
997
of law and (d) the reservee institutionalized under Sec.

(reservatarin) who is within 38 and 39 of RA 7077
the third degree from the designed to provide military
propositus and who belongs training to tertiary level
to the line (linea o tronco) students in order to
from which the property motivate, train, organize and
came and for whom the mobilize them for national
property should be reserved defense preparedness. [Sec.
by the reservor. [Solivio v. 3, RA 9163].
Ca, GR 83484. Feb. 12,
1990, citing Padilla, Civil Reservista. The third person
Law, Vol. II, 1956 Ed., p. involved in reserva troncal
692]. who is obliged to reserve the
property for the benefit of
Reserva troncal. Requisites: relatives of the descendant
(a) A descendant inherited or propositus who are within
acquired by gratuitous title the third degree and who
property from an ascendant belong to the line from which
or from a brother or sister; said property came. [Jurado,
(b) the same property is Comments & Jurisp. on
inherited by another Succession, 1991 8th Ed., p.
ascendant or is acquired by 260]. Also known as
him by operation of law from Ascendant-reservista.
the said descendant, and (c)
the said ascendant should Resettlement areas. Areas
reserve the said property for identified by the appropriate
the benefit of relatives who national agency or by the
are within the third degree local government unit with
from the deceased respect to areas within its
descendant (propositus) who jurisdiction, which shall be
belong to the tine from used for the relocation of the
which the property came. underprivileged and
[Claridades, A., Compilation homeless citizens. [Sec. 3,
of Notes, 2001-2006]. RA 7279].
Reserved land. A public land Res gestae. Lat. Things

that has been withheld or done. Those exclamations
kept back from sale or and statements made by
disposition. [National Devt. either the participants,
Co. v. Cebu City, GR 51593. victims, or spectators to a
Nov. 5, 1992 citing Black's crime immediately before,
Law Dict., 4th Ed., p. 1473]. during, or immediately after
the commission of the crime,
Reserve Officers' Training when the circumstances are
Corps (ROTC). A program such that the statements
998
were made as a permanent residence to

spontaneous reaction or which when absent, one has
utterance inspired by the the intention of returning.
excitement of the occasion [Larena v. Ferrer, 61 Phil. 36
and there was no and Nuval v. Guray 52 Phil.
opportunity for the declarant 645]. See Domicile.
to deliberate and to fabricate
a false statement. [People v. Residence of a
Sanchez, GR 74740. Aug. 28, corporation. The place
1992]. where a corporation
exercises corporate
Res gestae. Elements: (a) functions; that it is
There must be a startling considered as dwelling in the
occurrence (enough to place where its business is
produce nervous excitement done; as being located
and to keep the will dormant where its franchises are
so far as any deliberation in exercised; and as being
concocting matters for present where it is engaged
speech or selecting words is in the prosecution of the
concerned); (b) the corporate enterprise; that a
statement must relate to the foreign corporation licensed
circumstances of the to do business in a state is a
startling occurrence; and (c) resident of any country
the statement must be made where it maintains an office
before the declarant had or agent for transaction of its
time to contrive or devise. usual and customary
[Sec. 42, Rule 130, RoC]. business for venue purposes;
and that the necessary
Residence. 1. The place element in its signification is
where he (defendant) is locality of existence.
habitually present, and from [Northwest Orient Airlines,
which when he departs, he Inc. v. CA, GR 112573. Feb.
intends to return. Equivalent 9, 1995, citing Words and
to the term permanent Phrases, Permanent Ed., Vol.
abode and to the word home 37, pp. 394, 412, 403].
in the sense of a house to
which one, whenever absent, Resident. One living in or
intends to return. [Arevalo v. occupying residential land or
Quilatan, GR L-57892. Sep. one intended to be his home
21, 1982, citing Vol. I, pp. or residence. Under the
791-800, Francisco on the Urban Land Reform Act (PD
Rules of Court, 2nd Ed.]. 2. A 1517), one who utilizes a
place of abode, whether place as his home. [Moreno’s
permanent or temporary; Law Dict., 2000 Ed., p. 410].
domicile denotes a fixed
999
Resident agent. An thereof used solely as

insurance agent duly dwelling places, except
appointed by a foreign motels, motel rooms, hotels,
insurer or broker not hotel rooms, boarding
authorized to do business in houses, dormitories, rooms
the Philippines to receive in and bedspaces offered for
its behalf notices, summons rent by their owners, but
and legal processes in also those used for home
connection with actions or industries, retail stores or
other legal proceedings other business purposes if
against such foreign insurer the owner thereof and his
or broker. [Sec. 314, IC]. family actually live therein
and use it principally for
Resident alien. An individual dwelling purposes. [Sec. 2,
whose resident is within the BP 877].
Philippines and who is not a
citizen thereof. [Sec. 22, Residents. Natural persons
NIRC, as amended]. who have their habitual
residence in the province,
Resident foreign. A foreign city, or municipality where
corporation not otherwise they exercise their civil
organized under the laws of rights and fulfill their civil
the Philippines but engaged obligations, and to juridical
in trade or business within persons for which the law or
the Philippines. [Sec. 131, any other provisions creating
RA 7160]. or recognizing them fixes
their residence in a
Resident foreign particular province, city, or
corporation. A foreign municipality. In the absence
corporation engaged in trade of such law, juridical persons
or business within the are residents of the
Philippines. [Sec. 22, NIRC, province, city, or
as amended]. municipality where they
have their legal residence or
Residential land. Land principal place of business or
principally devoted to where they conduct their
habitation. [Sec. 3, PD 464]. principal business or
occupation. [Sec. 131, RA
Residential unit. An 7160].
apartment, house and/or
land on which another's Residual power of the
dwelling is located used for President. Pol. Law. The
residential purposes and power of the President to
shall include not only protect the general welfare
buildings, parts or units of the people. It is founded
1000
on the duty of the President, believes that personnel

as steward of the people. It reasons cannot be sacrificed
is not only the power of the in favor of the exigency of
President but also his duty to the service, then he has no
do anything not forbidden by other choice but to
the Constitution or the laws disassociate himself from his
that the needs of the nation employment. [Intertrod
demand. It is a power borne Maritime v. NLRC 198 SCRA
by the President's duty to 318, (1991) citing Dosch v.
preserve and defend the NLRC 123 SCRA 296 (1983)].
Constitution. It also may be 3. An expression by the
viewed as a power implicit in incumbent in some form,
the President's duty to take express or implied of the
care that the laws are intention to surrender,
faithfully executed. [Marcos renounce, or relinquish, the
v. Manglapus, GR 88211. office, and an acceptance by
Sep. 15, 1989]. competent and lawful
authority. [Gonzales v.
Residuary estate. That Hernandez, GR L-15482. May
which remains after debts 30, 1961, citing Nome v.
and expenses of the Rice, 3 Alaska 602].
administration, legacies and
devisees have been Res inter alios acta aliis
satisfied. [Moreno’s Law non nocet. Lat. The act and
Dict., 2000 Ed., p. 411]. declaration of one cannot
and should not harm others.
Residue. The surplus of a [Moreno’s Law Dict., 2000
testator’s estate remaining Ed., p. 405].
after all debts and particular
legacies have been Res inter alios acta alteri
discharged. [Moreno’s Law nocere non debet. Lat.
Dict., 2000 Ed., p. 411]. Things done between
strangers ought not to injure
Resignation. Labor. 1. A those who are not parties to
formal pronouncement or them. [People v. Tena, GR
relinquishment of an office. 100909. Oct. 21, 1992, citing
It must be made with the Black's Law Dict., 5th Ed.,
intention of relinquishing the 1979, p. 1178].
office accompanied by an
act of relinquishment. Res inter alios acta nobis
[Magtoto v. NLRC, 140 SCRA nec nocet, nec prodest.
58, 71 (1985)]. 2. The Lat. A transaction between
voluntary act of an two parties ought not to
employee who finds himself operate to the prejudice of a
in a situation where he third person. [Tinitigan v.
1001
Tinitigan, GR L-45418. Oct. was negligent, which arises

30, 1980]. upon proof that [the]
instrumentality causing
Res inter alios acta nocere injury was in defendant's
non debet. Lat. Things exclusive control, and that
done between strangers the accident was one which
ought not to injure those ordinary does not happen in
who are not parties to them. absence of negligence.
[Napocor v. NLRC, GR [Black’s Law Dict., Abr. 5th
90933-61. May 29, 1997, Ed. (1983), p. 678].
citing Black's Law Dict. 1178,
5th Ed., 1979]. Res ipsa loquitur.
Requisites: A rule of
Res inter alios judicatae evidence whereby
nullum aliis praejudicium negligence of the alleged
faciunt. Lat. Matters wrongdoing may be inferred
adjudged in a cause do not from the mere fact that the
prejudice those who were accident happened, provided
not parties to it. [Tan v. that: (a) the occurrence is
Barrios GR 85481-82. Oct. the kind of thing that does
18, 1990, citing 54 CJ 719]. not ordinarily happen
without negligence; (b) the
Res ipsa loquitur. Lat. The occurrence must have been
thing speaks for itself. caused by an agency or
Doctrine of Torts and instrumentality within the
Damages. 1. Where the exclusive control of the
thing which caused the defendant; (c) the
injury complained of is occurrence was not due to
shown to be under the contribution or voluntary
management defendant or action by the plaintiff; it is
his servants and the used to state the fact that
accident is such as in the the situation itself implies
ordinary course of things negligence or a duty to
does not happen if those compensate whether
who have its management or negligence is in fact proved
control use proper care, it or not; it is a rebuttable
affords reasonable evidence, presumption that defendant
in absence of explanation by was negligent, which arises
defendant, that the accident upon proof that the
arose from want of care. instrumentality causing
[Africa v. Caltex, GR L- injury was in defendant's
12986. Mar. 31, 1966, citing exclusive control, and that
45 C. J. 768, p. 1193]. 2. the accident was one which
Rebuttable presumption or ordinarily does not happen in
inference that defendant absence of negligence.
1002
[Rodriguez v. CA, GR Sec. 47(b) of the Rules of

121964. June 17, 1997]. Court. [Kilosbayan v. Morato,
GR 118910. July 17, 1995].
Resistance and Also Preclusion of claims.
disobedience to a person
in authority or the agents Res judicata. Elements: (a)
of such person. Crim. Law. The former judgment must
The felony committed by any be final; (b) the court which
person who not being rendered it had jurisdiction
included in the provisions of over the subject matter and
Art. 148, 149 and 150 of the the parties; (c) it must be a
Rev. Penal Code shall resist judgment on the merits; and,
or seriously disobey any (d) there must be between
person in authority, or the the first and the second
agents of such person, while actions identity of parties,
engaged in the performance subject matter and causes of
of official duties. [Art. 151, action. [Mangoma v. CA, GR
RPC]. 99375. Feb. 1, 1995].
Res judicata. Lat. A matter Res nullius. Lat. Things

adjudged (or settled by which have no owners or
judgment). 1. The rule that a which have been
final judgment or decree on intentionally abandoned by
the merits by a court of their owners. [Claridades, A.,
competent jurisdiction is Compilation of Notes, 2001-
conclusive of the rights of 2006].
the parties or their privies in
all later suits on points and Resolution. Admin. Law. 1.
matters determined in the An act of a special or
former suit. [Gutierrez v. CA, temporary character, not
GR 82475. Jan. 28, 1991, prescribing a permanent rule
citing Black's Law Dict., p. of government, but is merely
1470 (Rev. 4th Ed., 1968)]. 2. declaratory of the will or
A rule of civil law that once a opinion of a municipal
matter has been litigated corporation in a given
and final judgment has been matter, and in the nature of
rendered by the trial court, a ministerial or
the matter cannot be administrative act, and is not
relitigated by the parties in a law. [Mascuñana v. Prov.
the same court, or any other Board of Negros Occ., GR L-
trial court. A court will use 27013. Oct. 18, 1977, citing
res judicata to deny 62 CJS 786-7]. 2. The formal
reconsideration of a matter. adoption of a motion.
[Jurist’s Legal Dict., 2004]. 3. [Glossary of Legal Terms
It is governed by Rule 39, (Pro-Se), 2004].
1003
Resolutory condition or
Resolution. Legal Med. A condition subsequent.
sense of well-being and One the happening of which
general muscular relaxation will extinguish the
which follows orgasm. obligation. [Diaz, Bus. Law
During resolution, men are Rev., 1991 Ed., p. 10].
unable to have another Compare with Suspensive
erection for some time. The condition.
time between erections
(refractory period) generally Resolutory period (in
increases as men age while, diem). The obligation takes
in contrast, many women effect at once but terminates
are able to respond to upon the arrival of the
additional stimulation almost period. [Diaz, Bus. Law Rev.,
immediately after orgasm. 1991 Ed., p. 16].
(2004), p. 112]. Resource accounting. A
process of tracking changes
Resolution. Local Govt. 1. A in the environment and
declaration of the sentiment natural resources
or opinion of a lawmaking biophysically and
body on a specific matter. economically (in monetary
[Mascuñana v. Provl. Board terms). [Sec. 4, RA 8435].
of Negros Occ., 79 SCRA
399, 405, Oct. 18, 1977]. 2. Resource-based. The
It is temporary in nature. A utilization of natural
third reading is not resources. [Sec. 4, RA 8435].
necessary for a resolution,
unless decided otherwise by Resource rent. The
a majority of all the difference between the value
Sanggunian members. [Mun. of the products produced
of Parañaque v. VM Realty from harvesting a publicly
Corp., GR 127820. July 20, owned resource less the cost
1998]. Compare with of producing it, where cost
Ordinance. includes the normal return to
capital and normal return to
Resoluto jure dantis labor. [Sec. 4, RA 8550].
resolvitur jus accipientis.
Lat. The right of the grantor Resources. The actual assets
being extinguished, the right of any agency of the
granted is extinguished. Government such as cash,
[Saul v. Hawkins, GR 66. May instruments representing or
1, 1902]. convertible to money,
receivables, lands, buildings,
as well as contingent assets,
1004
such as estimated revenues transfers liability to the

applying to the current fiscal employer for the negligent
period not accrued or acts of his employee.
collected, and bonds [Torres, Oblig. & Cont., 2000
authorized and unissued. Ed., p. 354]. 3. The doctrine
[Sec. 2, Chap. 1 Subtitle B, which holds that employers
EO 292]. are responsible for the acts
and omissions of their
Resources reserve. An employees and agents, when
extensive and relatively done within the scope of the
isolated and uninhabited are employees' duties. [Jurist’s
normally with difficult access Legal Dict., 2004].
designated as such to
protect natural resources of Respondent. 1. The person
the area for future use and against whom an appeal is
prevent or contain taken. [Glossary of Legal
development activities that Terms (Pro-Se), 2004]. 2.
could affect the resource The party that responds to a
pending the establishment claim filed in court against
of objectives which are them by a plaintiff. The more
based upon appropriate common term is defendant.
knowledge and planning. The word is also used to
[Sec. 4, RA 7586]. refer to the party who wins
at the first court level but
Res perit domino suo. Lat. who must then respond to
The owner bears the risk of an appeal launched by the
loss. [Claridades, A., party that lost the case at
Compilation of Notes, 2001- the first court level (upon
2006]. appeal, this latter person is
called the appellant). See
Respondeat superior. Lat. Petitioner.
Let the master answer. 1.
The doctrine of respondeat Respondentia loan. A loan
superior has been generally made on the goods laden on
limited in its application to board the ship, and which
principal and agent or to are to be sold or exchanged
master and servant (i.e., in the course of voyage, the
employer and employee) borrowers personal
relationship. No such responsibility being deemed
relationship exists between the principal security for the
superior officers of the performance of the contract.
military and their [Tiopianco, Commentaries &
subordinates. [Aberca v. Ver, Jurisp. on the Ins. Code of
GR L-69866. Apr. 15, 1988]. the Phil., 1999 Ed., p. 104,
2. A legal principle which citing Bouvier’s Law Dict.].
1005
successful plaintiff be fully

Responsible cause. The compensated by the final
approximate cause. [Ang v. judgment of the court for all
Riz-Man Transit, Inc., 62 OG the losses and damages
420]. which the breach of contract
or the commission of the tort
Responsible officer. An or delict caused him. It
officer spoken of under the requires that the victim of
1973 Constitution to whom the breach of contract or the
the authority to issue arrest tort/delict be placed in the
and search warrants may be same position he was in
delegated by legislation, before the harmful event
who must possess not only occurred. [Tetley, Glossary
skill and competence but of Conflict of Laws, 2004]. 2.
more significantly, neutrality Lat. Restitution to the
and independence original position. In contract
comparable to the law, upon breach of contract,
impartiality presumed of a the injured party may ask
judicial officer. [Presl. Anti- the court to reverse the
Dollar Salting Task Force v. contract and revert the
CA, GR 83578. Mar. 16, parties to their respective
1989]. positions before the contract
was accepted. But if the
Rest. A party is said to rest or court finds that restitutio in
rest its case when it has integrum is not possible
presented all the evidence it because of actions or events
intends to offer. [Glossary of occurring since the date of
Legal Terms (Pro-Se), 2004]. acceptance, then the court
may order that damages be
Restatement. A publication paid instead. [Duhaime's
which tells what the law is in Legal Dict., 2004].
a particular field, as
compiled from statutes and Restitution. Act of restoring
decisions. [Glossary of Legal anything to its rightful
Terms (Pro-Se), 2004]. owner; the act of restoring
someone to an economic
Restaurant. Any place which position he enjoyed before
provides food to the public he suffered a loss. [Glossary
and accept orders from them of Legal Terms (Pro-Se),
at a price. This term includes 2004].
caterers. [Sec. 1, PD 426].
Restrict. To confine, limit or
Restitutio in integrum. 1. stop. [Phil. Assoc. of Service
Lat. Restoration in full. The Exporters, Inc. v. Torres, GR
principle requiring that the 101279. Aug. 6, 1992].
1006
market forces. [Sec. 4, RA

Restrictions. Conditions set 9136].
forth in the usage of
property. [Memo. from the Resulting trust. 1. A trust
Exec. Sec. dated Aug. 20, which is raised or created by
1998]. the act or construction of
law, but in its more
Restrictive indorsement. restricted sense it is a trust
Nego. Inst. 1. An raised by implication of law
indorsement which either (a) and presumed always to
prohibits the further have been contemplated of
negotiation of the the parties, the intention as
instrument; or (b) to which is to he found in the
constitutes the indorsee the nature of their transaction,
agent of the indorser; or (c) but not expressed in the
vests the title in the indorsee deed or instrument of
in trust for or to the use of conveyance. [Ramos v.
some other persons. [Sec. Ramos, GR L-19872. Dec. 3,
36, NIL]. 2. An indorsement 1974, citing 89 CJS 725].
which restricts the rights of Examples of resulting trusts
subsequent holders. [Intl. are found in Art. 1448 to
Law Dict. & Direct., 2004]. 1455 of the Civil Code. 2. A
trust that is presumed by the
Restrictive sovereign court from certain situations
immunity. Intl. Law. Rule and from which the court
that a foreign state is not presumes an intention to
immune when the cause of create a trust; the law
action for a suit is based on assumes that the property is
conduct unrelated to the not held by the right person
state's governmental and that the possessor is
activities. [Intl. Law Dict. & only holding the property in
Direct., 2004]. trust for the rightful owner.
Restructuring of electric 2004]. Also Implied trust.
power industry. The
process of reorganizing the Result of the election. The
electric power industry in net result of the election in
order to introduce higher the rest of the precincts in a
efficiency, greater given constituency, such
innovation and end-user that if the margin of a
choice. It shall be leading candidate over that
understood as covering a of his closest rival in the
range of alternatives latter precincts is less than
enhancing exposure of the the total number of votes in
industry to competitive the precinct where there was
1007
failure of election, then such or goods for consumption,

failure would certainly affect but shall not include: (a)a
the result of the election; manufacturer, processor,
hence, a special election laborer or worker selling to
must be held. [Lucero v. the general public the
Comelec, GR 113107. July products manufactured,
20, 1994]. processed, or produced by
him if his capital does not
Resume. The act of an exceed five thousand pesos;
international conference in (b) a farmer or agriculturist
reducing to writing the selling the product of his
conclusions of its farm; (c) a manufacturer or
deliberations on a particular processor selling to the
subject. [Claridades, A., industrial and commercial
Compilation of Notes, 2001- users or consumers who use
2006]. the products bought by them
to render service to the
Retail. A sale where the general public and/or to
purchaser buys the produce or manufacture
commodity for his own goods which are in turn sold
consumption, irrespective of to them; (d) a hotel-owner or
the quantity of the keeper operating a
commodity sold. [Sec. 131, restaurant irrespective of the
RA 7160]. amount of capital, provided
that the restaurant is
Retail. Elements which should necessarily included in, or
concur for a sale to be incidental to, the hotel
considered as retail: (a) The business. [Sec. 1, PD 714].
seller should be habitually
engaged in selling; (b) the Retail enterprise. One open
sale must be direct to the to the general consuming
general public; and (c) the public for the sale of goods
object of the sale is limited that are commonly bought
to merchandise, by end-users for personal or
commodities or goods for household use. [Sec. 1, PD
consumption. [Marsman & 1634].
Co., Inc. v. First Coconut
Central Co., Inc., GR L- Retailer. A person engaged
39841. June 20, 1988]. in the business of selling
consumer products directly
Retail business. Any act, to consumers. [Art. 4, RA
occupation or calling of 7394].
habitually selling direct to
the general public Retail establishment. One
merchandise, commodities principally engaged in the
1008
sale of goods to end-users paid-in capital accounts. The

for personal or household accumulated amount of
use. [Sec. 1, Rule 7, Book 3, profits and earnings of the
IRR of LC]. business which has not been
capitalized, offset by losses,
Retail trade. Any act, or given out to stockholders
occupation or calling of as property dividends.
habitually selling direct to [Moreno’s Law Dict., 2000
the general public Ed., p. 412].
merchandise, commodities
or good for consumption, but Retainer. 1. Act of the client
the restriction of RA 8762 in employing the attorney or
shall not apply to the counsel, and also denotes
following: (a) Sales by the fee which the client pays
manufacturer, processor, when he retains the attorney
laborer, or worker, to the to act for him. [Glossary of
general public the products Legal Terms (Pro-Se),
manufactured, processed or 2004]. 2. A contract between
products by him if his capital a lawyer and his (or her)
dose not exceed client, wherein the lawyer
P100,000.00; (b) Sales by a agrees to represent and
farmer or agriculturist selling provide legal advice to the
the products of his farm; (c) client, in exchange for
Sales in restaurant money. The signed retainer
operations by a hotel owner begins the client-lawyer
or inn-keeper irrespective of relationship from which flow
the amount capital: many responsibilities and
provided, that the restaurant duties, primarily on the
is incidental to the hotel lawyer, including to provide
business; and (d) Sales accurate legal advice, to
which are limited only to monitor limitation dates and
products manufactured, to not allow any conflict of
processed or assembled by a interest with the relationship
manufactured, processed or with the client. [Duhaime's
assembled by a Legal Dict., 2004].
manufacturer though a
single outlet, irrespective of Retaining fee. A preliminary
capitalization. [Sec. 3, RA fee paid to ensure and
8762]. secure a lawyer's future
services, to remunerate him
Retained earnings. Also for being deprived, by being
Earned surplus. retained by one party, of the
Accumulated net income opportunity of rendering
less distributions to services to the other party
stockholders and transfers to and of receiving pay from
1009
him. In the absence of an complained of do not

agreement to the contrary, constitute a legal ground of
the retaining fee is neither offense but are rather in the
made nor received in nature of unfriendly acts
consideration of the services done primarily in pursuance
contemplated; it is apart of legitimate state interests
from what the client has but indirectly hurtful to other
agreed to pay for the states. [Cruz, Intl. Law
services which he has Reviewer, 1996 Ed., p. 125].
retained him to perform.
[Research and Services Retract. To take back; To
Realty, Inc. v. CA, GR retract an offer is to
124074. Jan. 27, 1997, citing withdraw it before
Agpalo, Legal Ethics, 140 acceptance. [Alonte v.
(1992)]. Savellano, GR 131652. Mar.
9, 1998, citing Black's Law
Retired shares. Corp. Law. Dict. 6th Ed. [1990]).
Shares which have been
withdrawn and have Retraction. In law of
disappeared altogether. defamation, a formal
[Diaz, Bus. Law Rev., 1991 recanting of the defamatory
Ed., p. 250]. material; in probate practice,
a withdrawal of a
Retiree. A member of the renunciation. [Alonte v.
National Health Insurance Savellano, GR 131652. Mar.
Program who has reached 9, 1998, citing Black's Law
the age of retirement or who Dict. 6th Ed. (1990)].
was retired on account of
disability. [Sec. 1, RA 9241]. Retracto legal de
comuneros. Sp. Right of
Retirement. Labor. The result legal redemption. [De
of a bilateral act of the Conejero v. CA, GR L-21812.
parties, a voluntary Apr. 29, 1966]. Also
agreement between the Retracto comuneros.
employer and the employees
whereby the latter after Retreat. Withdrawal. In
reaching a certain age combat, there is a wide
agrees and/or consents to difference between a
severe his employment with withdrawal and a retreat.
the former. [Soberano v. The former is an
Sec. of Labor, GR L-43753-56 abandonment of the struggle
& L-50991. Aug. 29, 1980]. by one of the parties, while
the latter may be and often
Retorsion. Intl. Law. is a continuance of
Retaliation where the acts
1010
hostilities. [Moreno’s Law retroactivity; (b) if the laws

Dict., 2000 Ed., p. 413]. are remedial or penal in
nature and the same is
Retrenchment. Also Lay-off. favorable to the accused; (c)
1. The termination of when the laws are
employment initiated by the procedural and do not affect
employer through no fault of or change vested rights; (d)
the employees and without when the laws are curative
prejudice to the latter, in character; and (e) if a
resorted to by management substantive right is declared
during periods of business for the first time.
recession, industrial [Claridades, A., Compilation
depression, or seasonal of Notes, 2001-2006].
fluctuations or during lulls
occasioned by lack of orders, Retroactive recognition
shortage of materials, rule. Intl. Law. Rule that
conversion of the plant for a implies that a government
new production program or was lawfully in power prior
the introduction of new to the time of its recognition.
methods or more efficient [Intl. Law Dict. & Direct.,
machinery, or of automation. 2004].
[Sebuguero v. NLRC, 248
SCRA 532, 542 (1995), citing Retrocession. A transaction
Sibal, Phil. Legal Encyc., 502 whereby the reinsurer, in
(1986)]. 2. An act of the turn, passes to another
employer of dismissing insurer a portion of the risk
employees because of losses reinsured. It is really the
in the operation of a reinsurance of a reinsurance.
business, lack of work, and [Claridades, A., Compilation
considerable reduction on of Notes, 2001-2006].
the volume of his business.
[Sebuguero v. NLRC, 248 Retrospectant evidence.
SCRA 532, 542 (1995), citing Such evidence which
LVN Pictures Employees and requires inference to look
Workers Assoc. v. LVN backward from the
Pictures, 35 SCRA 147 evidentiary fact to the
(1970)]. alleged act. That is, taking a
stand at the fact offered, the
Retroactive laws. Laws inference is made that at
which, as exceptions to Art. some previous time, the act
4 of the Civil Code, shall was or was not done. [People
have retroactive effect under v. Agravante, GR 105402-04.
any of the following Sep. 5, 1994]. Also called
circumstances: (a) if the Traces.
laws themselves provide for
1011
Return. A report to a judge immediately resume

by police on the operations and readmit all
implementation of an arrest workers under the same
or search warrant. Also, a terms and conditions
report to a judge in reply to prevailing before the strike
a subpoena, civil or criminal. or lockout. [Art. 263, LC].
(Pro-Se), 2004]. Revaluation increment. The
excess of sound value over
Return on equity. Net net book value. [RCPI v. Natl.
income after debt service, Wages Council, GR 93044.
expressed as a percentage Mar. 26, 1992].
of the owner’s equity.
[Black’s Law Dict., Abr. 5th Revealing secrets with
Ed. (1983), 684]. abuse of office. Crim. Law.
Return on investment. manager, employee, or
Amount earned per year on servant who, in such
an investment, usually capacity, shall learn the
expressed as a percentage. secrets of his principal or
[Black’s Law Dict., Abr. 5th master and shall reveal such
Ed. (1983), 684]. secrets. [Art. 291, RPC].
Return-to-work order. Revelation of industrial

Labor. The order of the secrets. Crim. Law. The
Secretary of Labor and felony committed by the
Employment assuming person in charge, employee
jurisdiction over a labor or workman of any
dispute and deciding it or manufacturing or industrial
certifying the same to the establishment who, to the
NLRC for compulsory prejudice of the owner
arbitration, which thereof, shall reveal the
assumption or certification secrets of the industry of the
shall have the effect of latter. [Art. 292, RPC].
automatically enjoining the
intended or impending strike Revelation of secrets by an
or lockout as specified in the attorney or solicitor. See
assumption or certification Betrayal of trust by an
order or, if one has already attorney or solicitor.
taken place at the time of
assumption or certification, Revelation of secrets by an
ordering all striking or locked officer. Crim. Law. The
out employees to felony committed by any
immediately return to work public officer who shall
and the employer to reveal any secret known to
1012
him by reason of his official aside by an appellate court

capacity, or shall wrongfully of a decision of a lower
deliver papers or copies of court. [Black’s Law Dict.,
papers of which he may Abr. 5th Ed. (1983), p. 685].
have charge and which
should not be published. Reversales. Intl. Law. Fr.
[Art. 229, RPC]. Declarations that an error in
etiquette or in the
Revenue. 1. Income derived draftsmanship of a treaty
from the regular system of should not be considered as
taxation enforced under a precedent. [Suarez, Pol.
authority of law or ordinance Law Reviewer, 1st Ed., 2002,
and, as such, accrue more or p. 1059].
less regularly every year.
[Sec. 14, PD 477]. 2. All the Reversible error. A
funds or income derived by procedural error during a
the government, whether trial or hearing sufficiently
from tax or from whatever harmful to justify reversing
source and whatever the judgment of a lower
manner. [De Leon, court. [Glossary of Legal
Fundamentals of Taxation, Terms (Pro-Se), 2004].
2000 Ed., p. 20].
Reversion. A future interest
Revenue bill. A bill filed in left in a transferor or his (or
Congress proposing to levy her) heirs. A reservation in a
taxes and raise funds for the real property conveyance
government. [Claridades, A., that the property reverts
Compilation of Notes, 2001- back to the original owner
2006]. upon the occurrence of a
certain event. [Duhaime's
Revenue funds. All funds Legal Dict., 2004].
deprived from the income of
any agency of the Review. A reconsideration or
Government and available reexamination for purposes
for appropriation or of correction. [Phil.
expenditure in accordance Gamefowl Comm. v. CA, GR
with law. [Sec. 2, Chap. 1 72969-70. Dec. 17, 1986,
Subtitle B, EO 292]. citing Black's Law Dict., Rev.
4th Ed., 1968, p. 1483].
Reversal. 1. An action of a
higher court in setting aside Revised Forestry Code of
or revoking a lower court the Philippines. PD 705
decision. [Glossary of Legal entitled “Revising
Terms (Pro-Se), 2004]. 2. Presidential Decree No. 389,
The annulling or setting otherwise known as the
1013
Forestry Reform Code of the Commentaries and Jurisp. on

Philippines” signed into law the Ins. Code of the Phil.,
on May 19, 1975. 1999 Ed., p. 28].
Revised Penal Code, The. Revocable permit. A permit

Act 3815 entitled “An Act issued for the temporary
revising the Penal Code and occupation and use of a tract
other penal laws” enacted of land not covered by a
on Dec. 8, 1930 and took regular public land
effect on Jan. 1, 1932. application. [Castrillo's Law
on Nat. Res., 6th Ed. p. 81].
Revision. A revamp or
rewriting of the whole Revocable trust. A trust that
instrument. [Cruz, Constl. the grantor may change or
Law, 1998 Ed., p. 11]. revoke. [Glossary of Legal
Compare with Amendment. Terms (Pro-Se), 2004].
Revival of wills. The Revocation of wills. 1. The

restoration to validity of a physical act of destruction of
previously revoked will by a will coupled with animus
operation of law. It differs revocandi on the part of the
from republication in that it testator. It is not imperative
takes place by operation of that the physical destruction
law, while the latter takes be done by the testator
place by the act of the himself. It may be performed
testator. [Jurado, Comments by another person but under
& Jurisp. on Succession, the express direction and in
1991 8th Ed., p. 131]. the presence of the testator.
[Maloto v. CA, GR 76464.
Revive. To restore to Feb. 29, 1988]. 2. An act of
consciousness or life; to the mind, terminating the
bring back into currency; to potential capacity of the will
render active, operative, to operate at the death of
valid or flourishing again. the testator, manifested by
[Moreno’s Law Dict., 2000 some outward or visible act
Ed., p. 413]. or sign, symbolic thereof.
[Jurado, Comments & Jurisp.
Revocable beneficiary. The on Succession, 1991 8th Ed.,
person named in a policy to p. 115, citing Gardner on
receive the proceeds at the Wills, p. 224].
death of the insured, the
latter reserving to himself Revoke. To cancel or nullify a
the right to make future legal document. [Glossary of
changes in the beneficiary Legal Terms (Pro-Se), 2004].
designation. [Tiopianco,
1014
Revolution. 1. The complete rheumatic fever, marked by

overthrow of the established inflammation and
government in any country disfigurement of the heart
or state by those who were valves. The heart valves are
previously subject to it. [In flap-like structures which like
Re: Puno, AM 90-11-2697- one-way doors, stand in the
CA. June 29, 1992, citing openings between the
Kitlow v. Kiely, 44 F. Ed. 227, chambers of the heart. Their
232]. 2. A sudden, radical function is to allow the
and fundamental change in passage of blood only
the government or political forward. However, when
system, usually effected with deformed by disease, they
violence or at least some no longer form a perfect fit
acts of violence. [Ibid, citing for the openings, and blood
State v. Diamond, 202 P. flaws backward as well as
988, 991]. 3. That which forward during the
occurs whenever the legal contraction of the heart. The
order of a community is amount of blood which flows
nullified and replaced by a backward is lost to the
new order a way not forward stream. The heart
prescribed by the first order must, therefore, work much
itself. [Ibid, citing Kelsen's, harder to supply the body
Gen. Theory of Law and with the normal amount of
State]. blood. This, in turn, leads to
other complications.
Revolutionary government. [Panangui v. ECC, GR L-
1. A government that comes 56259. Mar. 18, 1983, citing
into existence in defiance of Schmidt's Atty.'s Dict. of
the existing legal processes. Med., p. 689, 1965 Ed.].
[In Re: Puno, AM 90-11-
2697-CA. June 29, 1992, Rheumatic heart failure. A
citing Bernas, Proc. No. 3 sudden stoppage of the
(1986)]. 2. A government action of the heart.
instituted by the direct [Moreno’s Law Dict., 2000
action of the people and in Ed., p. 414].
opposition to the
authoritarian values and Riachuelo. A creek.
practices of the overthrown [Moreno’s Law Dict., 2000
government. [Ibid., citing Ed., p. 414].
address by UP Pres. Angara,
BBC, Mar. 21, 1986, 27 UP Riba. The term has the
Gaz. 28, 29]. meaning assigned to it by
Islamic law and
Rheumatic heart disease. A jurisprudence as expounded
disease resulting from by authoritative sources; in
1015
the context of banking law. [Black’s Law Dict., Abr.

activities, the term includes 5th Ed. (1983), p. 687].
the receipt and payment of
interest in the various types Right against double
of lending and borrowing jeopardy. The right which
and in the exchange of prohibits any subsequent
currencies on forward basis. prosecution of any person
[Sec. 44, RA 6848]. for a crime of which he has
previously been acquitted or
Rider. Also Endorsement. convicted. The objective is to
Ins. Agreements not set the effects of the first
contained in the policy, but prosecution forever at rest,
written on or attached to it. assuring the accused that he
They are used to fit policies shall not thereafter be
to individual circumstances. subjected to the peril and
When they are made part of anxiety of a second charge
the contract, they alter, against him for the same
amend, extend, or restrict offense. [2 Phil. 246, 252-
the coverage provided in the 253 (1903)].
contract. [Sec. 50, IC].
Right against self-
Rider. Legislation. 1. A incrimination. A prohibition
provision which is alien to of the use of physical or
the bill to which it is moral compulsion, to extort
attached. [Gonzales v. communications from (a
Macaraig, GR 87636. Nov. person). It is simply a
19, 1990]. 2. A provision not prohibition against legal
germane to the subject process to extract from the
matter of the bill. [Lidasan v. (accused)'s own lips, against
Comelec, GR L-28089. Oct. his will, admission of his
25, 1967]. guilt. [US v. Tan Teng, 23
Phil. 145, 152]
Right. In an abstract sense, it
means justice, ethical Right and wrong test. The
correctness, or consonance test under which a person is
with the rules of law or the determined to be insane
principles of morals. In a when he suffers from such
concrete sense, a power, perverted condition of the
privilege, faculty, or mental and moral faculties
demand, inherent in one as to render him incapable
person and incident upon of distinguishing between
another. As an adjective, it right and wrong. [People v.
means just, morally correct, Dungo, GR 89420. July 31,
consonant with ethical 1991]. Compare with
principles or rules of positive
1016
Delusion test and Right of first refusal. See

Irresistible impulse test. First refusal, right of.
Right of action. The right to Right of privacy. The right to

commence and prosecute an be let alone, like the right of
action to obtain the relief free expression, (which) is
sought. [Albano, Rem. Law not an absolute right. A
Reviewer, 1st Ed., p. 73]. limited intrusion into a
Compare with Cause of person's privacy has long
action. been regarded as
permissible where that
Right of action. Elements: person is a public figure and
(a) Existence of a cause of the information sought to be
action; (b) performance of all elicited from him or to be
conditions precedent to the published about him
bringing of the action; and constitute matters of a
(c) the right to bring and public character. Succinctly
maintain the action must be put, the right of privacy
in the person instituting it. cannot be invoked to resist
[Albano, Rem. Law Reviewer, publication and
1st Ed., p. 73-74]. dissemination of matters of
public interest. The interest
Right-of-control test. A test sought to be protected by
to determine where the the right of privacy is the
person for whom the right to be free from
services are performed "unwarranted publicity, from
reserves a right to control the wrongful publicizing of
not only the end to be the private affairs and
achieved but also the means activities of an individual
to be used in reaching such which are outside the realm
as end. [Sevilla v. CA, 160 of legitimate public
SCRA 171]. concern.” Also Right to
privacy.
Right of equality as an
attribute of states. Intl. Right of redemption. The
Law. The entitlement of right granted to the debtor-
every state to the same mortgagor, his successor-in-
protection and respect as interest or nay judicial
are available to other states creditor of said debtor-
under the rules of mortgagor or any person
international law. [Cruz, Intl. having a lien in the property
Law Reviewer, 1996 Ed., p. subsequent to its mortgage
58]. or deed of trust under which
the property is sold to
redeem the property within
1017
one (1) year from the protection, promotion, or

registration of the sheriff’s enhancement of their rights
certificate of foreclosure and interests. [Reyes v.
sale. [Bench Book for Trial Trajano, GR 84433. June 2,
Court Judges, p. 2-91, citing 1992, citing Art. 247, LC, as
Sec. 29, Rule 39, RoC]. amended].
Compare with Equity of
redemption. Right of way. An ancient
concept, which date back to
Right of representation. the iter, actus, and via of the
See Representation, right Romans. These servitudes
of. are demanded by necessity,
that is, to enable owners of
Right of revolution. An isolated estates to make full
inherent right of a people to use of their properties, which
cast out their rulers, change lack of access to public
their policy or effect radical roads has denied them.
reforms in their system of [Costabella Corp. v. CA, GR
government or institutions 80511. Jan. 25, 1991, citing
by force or a general II Francisco, Civil Code of
uprising when the legal and The Phil., 787].
constitutional methods of
making such change have Right of way. Requisites: The
proved inadequate or are so owner of an estate may
obstructed as to be claim a compulsory right of
unavailable. [In Re: Puno, AM way only after he has
90-11-2697-CA. June 29, established the existence of
1992, citing The Paradox of four requisites, namely, (a)
Luther v. Borden, 100 the estate is surrounded by
Harvard Law Review 1125, other immovables and is
1133 (1987)]. without adequate outlet to a
public highway; (b) after
Right of self-organization. payment of the proper
It includes the right to indemnity; (c) the isolation
organize or affiliate with a was not due to the
labor union or determine proprietor's own acts; and
which of two or more unions (d) the right of way claimed
in an establishment to join, is at a point least prejudicial
and to engage in concerted to the servient estate, and in
activities with co-workers for so far as consistent with this
purposes of collective rule, where the distance
bargaining through from the dominant estate to
representatives of their own a public highway may be the
choosing, or for their mutual shortest. [Angela Estate, Inc.
aid and protection, i.e., the
1018
v. CFI Negros Occ., GR L- Casapao, v. Navarro, 55

27084. July 31, 1968]. Phil., 898; Duarte, v. Dade,
32 Phil., 36]. 2. Being purely
Right of way easement. 1. statutory, the parties cannot,
The right of the owner, or even by mutual agreement,
any person who by virtue of confer such right when the
a real right may cultivate or same does not exist by
use any immovable, which is statutory authority.
surrounded by other [Gonzales v. CA, GR L-
immovables pertaining to 18255. Nov. 21, 1961, citing
other persons and without Moran, Comments on the
adequate outlet to a public Rules of Court, Vol. I, 1957
highway, to demand a right Ed., pp. lxii-lxiii].
of way through the
neighboring estates, after Right to dispose. The power
payment of the proper of the owner to alienate,
indemnity. [Art. 649, CC]. 2. encumber, transform and
The right of a party to pass even destroy the thing
over the land of another. owned. [Moreno’s Law Dict.,
[Glossary of Legal Terms 2000 Ed., p. 416].
(Pro-Se), 2004].
Right to hold a public
Right of way rule. The office. The just and legal
general rule that the vehicle claim to hold and enjoy the
on the national highway has powers and responsibilities
the right-of-way as against a of the office. [Francisco v.
feeder road. Another general Men Abad, GR L-36927-28.
rule is that the vehicle Apr. 15, 1974, citing Black's
coming from the right has Law Dict., 3rd Ed., pp. 1558,
the right-of-way over the 1717].
vehicle coming from the left.
The general rules on right-of- Right to life. Pol. Law. The
way may be invoked only if right not merely to the
both vehicles approach the preservation of life but also
intersection at almost the the security of the limbs and
same time. [Kapalaran Bus organs of the human body
Line v. Coronado, GR 85331. against any unlawful harm.
Aug. 25, 1989]. [Suarez, Pol. Law Reviewer,
1st Ed., 2002, p. 90]
Right to appeal. 1. It is
merely a statutory right and Right to present evidence.
not ordinarily a necessary The opportunity given a
part of due process, (and) party to be heard (which) is
may only be taken when the covered by the due process
law so provides. [Aguilar & clause of the Constitution.
1019
[Moreno’s Law Dict., 2000 Ring. In a cockpit, the space

Ed., p. 417]. where the cocks fight.
Right to privacy. A right Ed., p. 417]. Also Rueda.
which belongs to the
individual acting in his Riparian. Broadly, any
private capacity and not to a property having a water
governmental agency or frontage. [Santulan v. Exec.
officers tasked with, and Sec., GR L-28021. Dec. 15,
acting in, the discharge of 1977, citing Shepard's Point
public duties. [Aquino- Land Co. v. Atlantic Hotel, 44
Sarmiento v. Morato, GR S. E. 39, 45]. Compare with
92541. Nov. 13, 1991]. Also Littoral.
Right of privacy.
Riparian owner. 1. A person
Right to self-organization. who owns land situated on
The right of the employees the bank of a river. But the
to form unions or term embraces not only the
associations for purposes not owners of lands on the banks
contrary to law, to self- of rivers but also the littoral
organization and to enter owners, meaning the owners
into collective bargaining of lands bordering the shore
negotiations, among others, of the sea or lake or other
which the Constitution tidal waters. [Santulan v.
guarantees. [Knitjoy Mfg., Exec. Sec., GR L-28021. Dec.
Inc. v. Ferrer-Calleja, GR 15, 1977]. 2. A person who
81883. Sep. 23, 1992]. owns land that runs into a
river. [Duhaime's Legal Dict.,
Rigid constitution. A 2004].
constitution which can be
amended through a formal Riparian rights. Special
and difficult process. rights of people who own
[Suarez, Pol. Law Reviewer, land that runs into a river
1st Ed., 2002, p. 9]. Compare bank. While not an
with Flexible constitution. ownership right, riparian
rights include the right of
Rigor mortis. Legal Med. The access to, and use of the
stiffening of the muscular water for domestic purposes
tissues and joints of the (bathing, cleaning and
body setting in at a greater navigating). [Duhaime's
or less interval after death. Legal Dict., 2004].
[People v. Dulay, GR 92600.
Jan. 18, 1993]. RIV. See Requisition and
issue voucher.

1020
River. A compound concept

consisting of three (3) Robbery committed under
elements: (b) The running certain circumstances,
waters; (c) the bed; and (c) attempted and
the banks. [Hilario v. City of frustrated. The offense
Manila, GR L-19570. Apr. 27, committed when, by reason
1967, Manresa, Codigo Civil or on occasion of an
Espaniol, 6th Ed., p. 75]. attempted or frustrated
robbery, a homicide is
Roadway. A road, especially committed. [Art. 297, RPC].
that part of the road over
which vehicles pass. [Govt. Robbery in an inhabited
of the Phil. v. Derham Bros., house or public building
GR 11904. Oct. 9, 1917, or edifice devoted to
citing New Std. Dict.]. worship. Crim. Law. The
Robbery. Crim. Law. 1. The armed person who shall
felony committed by any commit robbery in an
person who, with intent to inhabited house or public
gain, shall take any personal building or edifice devoted
property belonging to to religious worship where:
another, by means of (a) the malefactors shall
violence or intimidation of enter the house or building
any person, or using force in which the robbery was
upon anything. [Art. 293, committed; or (b) the
RPC]. 2. Felonious taking of robbery be committed under
another's property, from his any of the following
person or immediate circumstances: 1. by the
presence and against his breaking of doors,
will, by means of force or wardrobes, chests, or any
fear. [Glossary of Legal other kind of locked or
Terms (Pro-Se), 2004]. sealed furniture or
receptacle; 2. by taking such
Robbery. Elements: (a) That furniture or objects to be
there be personal property broken or forced open
belonging to another; (b) outside the place of the
that there is unlawful taking robbery. [Art. 299, RPC].
of the property; (c) that the
taking is with intent to gain; Robbery in an uninhabited
and (d) that there is violence place or in a private
against or intimidation of building. Any robbery
persons or force upon things. committed in an uninhabited
[People v. Puloc, GR 92631, place or in a building other
Sep. 30, 1991 202 SCRA than those mentioned in the
179, 185]. first paragraph of Art. 299 of
1021
the Rev. Penal Code, if any Esperraguerra, GR 113785,

of the following Sep. 14, 199S, 248. SCRA
circumstances is present: (a) 207].
if the entrance has been
effected through any Robbery with physical
opening not intended for injuries, committed in an
entrance or egress; (b) if any uninhabited place and by
wall, roof, flour or outside a band, or with the use of
door or window has been firearm on a street, road
broken; (c) if the entrance or alley. The offenses
has been effected through mentioned in subdivisions 3,
the use of false keys, 4, and 5 of Art. 294 of the
picklocks or other similar Rev. Penal Code which have
tools; (d) if any dorm, been committed in an
wardrobe, chest or by sealed uninhabited place or by a
or closed furniture or band, or by attacking a
receptacle has been broken; moving train, street car,
(e) if any closed or sealed motor vehicle or airship, or
receptacle, as mentioned in by entering the passenger's
the preceding number, has compartments in a train or,
been removed even if the in any manner, taking the
same to broken open passengers thereof by
elsewhere. [Art. 302, RPC]. surprise in the respective
conveyances, or on a street,
Robbery in band. Robbery road, highway, or alley, and
whereof more than three the intimidation is made with
armed malefactors take part the use of a firearm. [Art.
in the commission. [Art. 296, 295, RPC].
RPC].
Robbery with rape. The law
Robbery with homicide. uses the phrase "when the
Elements: (a) The taking of robbery shall have been
personal property with the accompanied by rape." [Art.
use of violence or 294 (2), RPC]. This means
intimidation against a that the offender must have
person; (b) the property thus the intent to take the
taken belongs to another; (c) personal property belonging
the taking is characterized to another with intent to
by intent to gain or animus gain, and such intent must
lucrandi; and (d) on the precede the rape. [People v.
occasion of the robbery or Villagracia, GR 94311. Sep.
by reason thereof, the crime 14, 1993, citing Reyes, II
of homicide, which is therein Rev. Penal Code, p. 612,
used in a generic sense, was 1987 Ed.].
committed. [People v.
1022
Robbery with violence

against or intimidation of Robo con lesions. Sp.
persons. Crim. Law. The Robbery with physical
felony committed by any injuries. [US v. Lumanlan, GR
person with the use of 10708. Sep. 24, 1915].
violence against or
intimidation of any person Robo en cuadrilla. Sp.
when: 1. by reason or on Robbery in an armed band.
occasion of the robbery, the [US v. Dela Cruz, GR 4740.
crime of homicide shall have Nov. 18, 1908].
been committed; 2. the
robbery shall have been Robo en cuadrilla con
accompanied by rape or homicidio y lesiones. Sp.
intentional mutilation, or if Robbery in an armed band,
by reason or on occasion of with homicide and physical
such robbery, any of the injuries. [US v. Pindong, GR
physical injuries penalized in 5220. Aug. 18, 1909].
subdivision 1 of Art. 263 of
the Rev. Penal Code shall ROI. Return on investment.
have been inflicted; 3. by
reason or on occasion of the Roman candle. A sparkler
robbery, any of the physical similar to a "fountain" but
injuries penalized in shaped like a big candle.
subdivision 2 of the article [Sec. 2, RA 7183].
mentioned in the next
preceding number, shall Romberg’s Test. A test to
have been inflicted; 4. the determine whether a person
violence or intimidation is intoxicated. He is asked to
employed in the commission stand with feet together and
of the robbery shall have to close his eyes. Normally,
been carried to a degree this would have no effect on
clearly unnecessary for the a person who is sober. But if
commission of the crime, or he is intoxicated, the
when the course of its tendency is for him to swing
execution, the offender shall from side to side. Sometimes
have inflicted upon any he would fall. [Moreno’s Law
person not responsible for its Dict., 2000 Ed., p. 418].
commission any of the
physical injuries covered by Rooming-in. The practice of
subdivisions 3 and 4 of said placing the newborn in the
Art. 23. [Art. 295, RPC]. same room as the mother
right after delivery up to
Robo con homicidio. Sp. discharge to facilitate
Robbery with homicide. [US mother-infant bonding and
v. Macalalad, 9 Phil. 1]. initiate breastfeeding. The
1023
infant may either share the Rule. Any agency statement

mother's bed or be placed in of general applicability that
a crib beside the mother. implements or interprets a
[Sec. 3, RA 7600]. law, fixes and describes the
procedures in, or practice
Roster. A list of persons requirements of, an agency,
qualified to provide ADR including its regulations. The
services as neutrals or to term includes memoranda or
serve as arbitrators. [Sec. 3, statements concerning the
RA 9285]. internal administration or
management of an agency
ROTC. See Reserve not affecting the rights of, or
Officers' Training Corps. procedure available to, the
public. [Sec. 2, Chap. 1, Book
Row house. A single-family VII, EO 292].
attached dwelling containing
three or more separate living Rule against perpetuities.
units designed in such a way See Perpetuities, rule
that they abut each other at against.
the sides, as in a row, and
are separated from each Rule making. An agency
other by party walls: process for the formulation,
provided with independent amendment, or repeal of a
access, services, and use of rule. [Sec. 2, Chap. 1, Book
land. [Sec. 3, BP 220]. VII, EO 292].
Royalties. All charges based Rule making power. See

on gross business or sales, Quasi-legislative power.
or gross or net profit. [Sec.
3, RA 224]. Rule of barrier between
the legitimate family and
Royalty. Any payment over illegitimate or Iron
and above other existing for curtain rule. Succ. The rule
the utilization of minerals that the an illegitimate child
within a mineral reservation, has no right to inherit ab
indigenous cultural intestato from the legitimate
community, or in areas children and relatives of his
covered by small-scale father or mother; nor shall
mining. [Sec. 4, DENR such children or relatives
Admin. Order 95-23]. inherit in the same manner
from the illegitimate child.
Rueda. The ring of a cockpit. [Art. 992, CC]. Also known as
[Moreno’s Law Dict., 2000 Iron curtain rule.
Ed., p. 418].

1024
Rule of double share for exclude in the succession

full blood collaterals. those in the direct ascending
Succ. The rule that when full and collateral lines, and
and half-blood brothers and those in the direct ascending
sisters, nephews and nieces line shall, in turn, exclude
survive, the former shall those in the collateral line.
take a portion in the [Jurado, Comments & Jurisp.
inheritance double that of on Succession, 1991 8th Ed.,
the latter. [Claridades, A., p. 379].
2006]. Rule of proximity. Succ. The
rule that the relatives
Rule of equal division. nearest in degree to the
Succ. The rule that the decedent shall exclude the
relatives of the same degree more distant ones, except
shall inherit in equal shares. when there is right of
[Art. 962, CC]. representation. [Jurado,
Comments & Jurisp. on
Rule of law. It simply means Succession, 1991 8th Ed., pp.
that no one is above the law. 379-380].
All persons regardless of
status, wealth, creed, Rules. Established standards,
political persuasion and color guides, or regulations set up
of their skin are entitled to by authority. [Glossary of
due process of law. [Suarez, Legal Terms (Pro-Se), 2004].
Pol. Law Reviewer, 1st Ed.,
2002, p. 49]. Rules of Court. Regulations
governing practice and
Rule of majority. Also procedure in the various
Majority rule. Pol. Law. The courts. [Claridades, A.,
will of the greater number of Compilation of Notes, 2001-
people, whether referring to 2006].
the citizens of the Philippines
who choose their Rules of evidence.
representatives, or to a Standards governing
number of people in a whether evidence in a civil
community or organization, or criminal case is
who choose their officers. admissible. [Glossary of
[Suarez, Pol. Law Reviewer, Legal Terms (Pro-Se), 2004].
1st Ed., 2002, p. 57].
Ruling. A judicial or
Rule of preference administrative interpretation
between lines. Succ. The of a provision of a statute,
rule that those in the direct order, regulation or
descending line shall ordinance. [Jamil v. Comelec,
1025
GR 123648. Dec. 15, 1997, insurance, by additional

citing Black's Law Dict., p. statements or indorsements.
1197]. [Sec. 62, IC].
Rulings. Exposition of law or Run-off election. An election

legal reasons upon which the between the labor unions
courts rest their judgment. receiving the two (2) higher
[Jamil v. Comelec, GR number of voters when a
123648. Dec. 15, 1997, certification election which
citing Words & Phrases, Vol. provides for three (3) or
37A, p. 568] more choices results in no
choice receiving a majority
Run-away shop. Labor. An of the valid votes cast,
unfair labor practice of where the total number of
management which usually votes for all contending
takes place by effecting the unions is at least fifty
transfer of ownership, the percent (50%) of the number
plant itself, or its equipment of votes cast. [Sec. 1, Rule 1,
and machines purposely to Book 5, IRR of LC].
bust the union or to evade
payment of its legitimate Rural banks. Banks duly
obligations. In other words, organized under RA 720 with
the shop is put up to achieve authority to operate under
an illegal purpose. [Poquiz, existing laws. [Sec. 4, RA
Labor Rel. Law, 1999 Ed. p. 7607].
155].
Rural Banks Act of 1992.
Running and test RA 7353 entitled “An Act
inventory. An inventory of providing for the creation,
property made upon order of organization and operation
the local chief executive at of rural banks, and for other
any time to ascertain the purposes” enacted on Apr. 2,
correctness of the property 1992.
records of the unit. [IRR on
Supply & Prop. Mgt., per Sec. Rural industrialization. The
383, LGC]. process by which the
economy is transformed
Running policy. Ins. A policy from one that is
of insurance which predominantly agricultural to
contemplates successive one that is dominantly
insurances, and which industrial and service-
provides that the object of oriented. [Sec. 4, RA 8435].
the policy may be from time
to time defined, especially
as to the subjects of
1026
-S-
Sabong. Tag. Cockfight.
of Notes, 2001-2006].
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,
115]. Compare with
Masochism.

1027
Safe conduct pass. Intl. 1990]. Compare with Floor-

Law. A pass given to enemy wage method.
nationals or vessels allowing
passage between defined Salary or wage
points. This is given either adjustment. A salary or
by the belligerent wage increase towards the
government itself or the minimum of the grade, or an
commander of the area increase from a non-
which it is effective. [Cruz, prescribed rate to a
Intl. Law Reviewer, 1996 Ed., prescribed rate within the
p. 143]. grade. [Sec. 3, PD 985].
Safe place or shelter. Any Salary or wage schedule. A

home or institution numerical structure in the
maintained or managed by Compensation System
the DSWD or by any other consisting of several grades,
agency or voluntary each grade with multiple
organization accredited by steps with a percentage
the DSWD for the purposes differential throughout the
of RA 9262 or any other pay table. A classified
suitable place the resident of position is assigned a
which is willing temporarily corresponding grade in the
to receive the victim. [Sec. Schedule. [Sec. 3, PD 985].
3, RA 9262].
Salary or wage step
Salary. A fixed compensation increment. An increase in
for regular work or for salary or wage from one step
continuous service rendered to another step within the
over a period of time grade from the minimum to
[Moreno's Phil. Law Dict., 3rd maximum. Also known as
Ed., p. 852 citing Lee Tee v. Within grade increase.
Ching Chiong, 17518-R, Jan. [Sec. 3, PD 985].
13, 1959].
Salary Standardization Act.
Salary-ceiling-method. A RA 6758. See
method used in legislation Compensation and
involving the adjustment of Position Classification Act
the minimum wage whereby of 1989.
the wage adjustment is
applied to employees Salaysay. Tag. 1. Statement.
receiving a certain [Julio v. Dalandan, GR L-
denominated salary ceiling. 19012. Oct. 30, 1967]. 2.
[ECOP v. NWPC, GR 96169. Sworn statement. [People v.
Sep. 24, 1991, quoting Ilarde, GR L-58595. Oct. 10,
NWPC's Order of Nov. 6, 1983]. 3. Narration. [Belvis
1028
III v. CA, GR L-38907. Nov. [Torres, Oblig. & Cont., 2000

14, 1988]. Ed., p. 354].
Salbahe. Tag. Ill-mannered. Sale in bulk. See Bulk sale.

[People v. Catanyag, GR
103974. Sep. 10, 1993]. Sale on credit. A sale where
the seller retains the original
Sale. A contract whereby one of the invoice in his
of the contracting parties possession, and the delivery
obligates himself to transfer thereof to the buyer is made
the ownership and to deliver only when the latter has
a determinate thing, and the discharged his obligation.
other to pay therefor a price [Claridades, A., Compilation
certain in money or its of Notes, 2001-2006].
equivalent. [Art. 1458, CC].
Sale on trial. A contract of
Sale at retail. Elements: (a) sale which rests entirely on
The seller should be the character or quality of
habitually engaged in the goods, vis-à-vis a
selling; (b) the sale must be contract of sale or return
direct to the general public; which hinges wholly on the
and (c) the object of the sale option of the buyer.
is limited to merchandise, [Claridades, A., Compilation
commodities or goods for of Notes, 2001-2006].
consumption. [Marsman &
Co., Inc. v. First Coconut Sale or distribution. An act
Central Co., Inc., GR L- made by a manufacturer or
39841. June 20, 1988]. seller, or their respective
representative or agent, to
Sale by description. A make available consumer
transaction in which the products, services or credit
merchandise is described in to the end consumers under
detail and the bulk must a consumer sale transaction.
correspond to the It shall not include sampling
description. [Torres, Oblig. & or any distribution not for
Cont., 2000 Ed., p. 354]. sale. [Art. 4, RA 7394].
Sale by sample. It occurs Sale or exchange of

when the buyer is shown a services. The performance
sample of the merchandise of all kinds of services in the
he is buying. When the Philippines for others for a
merchandise is delivered, fee, remuneration or
the bulk must correspond in consideration, including
quality to the sample. those performed or rendered
by construction and service
1029
contractors; stock, real whether or not the

estate, commercial, customs performance thereof calls for
and immigration brokers; the exercise or use of the
lessors of property, whether physical or mental faculties.
personal or real; [Sec. 102, NIRC, as amended
warehousing services; by RA 7716].
lessors or distributors of
cinematographic films; Sale or pledge of
persons engaged in milling, mortgaged property.
processing, manufacturing Crim. Law. The felony
or repacking goods for committed by any
others; proprietors, mortgagor who shall sell or
operators or keepers of pledge personal property
hotels, models, resthouses, already pledged, or any part
pension houses, inns, thereof, under the terms of
resorts; proprietors or the Chattel Mortgage Law,
operators of restaurants, without the consent of the
refreshment parlors, cafes mortgagee written on the
and other eating places, back of the mortgage and
including clubs and caterers; noted on the record hereof
dealers in securities; landing in the office of the Register
investors; operators of of Deeds of the province
taxicabs; utility cars for rent where such property is
or hire driven by the lessees located. [Art. 319, RPC].
(rent-a-car companies),
tourist buses; and other Sale or return. A contract of
common carriers by land, sale whereby the goods
air, and sea relative to their object of the sale are
transport of goods or delivered to the buyer who
cargoes; services of thereby acquires ownership
franchise grantees of thereof, but he may revest
telephone and telegraph, the ownership in the seller
radio and television by returning or tendering the
broadcasting and all other goods within the time fixed
franchise grantees except in the contract, or, if no time
those under Sec. 117 of the has been fixed, within a
National Internal Revenue reasonable time. Under this
Code; services of banks, kind of sale, the buyer is
non-bank financial given an option to return the
intermediaries and finance goods instead of paying the
companies; and non-life price. [Diaz, Bus. Law Rev.,
insurance companies 1991 Ed., p. 121, citing Art.
(except their crop 1502, CC].
insurances) including surety,
fidelity and indemnity and
1030
Sale or sell. Every periodic payment plan

disposition, or attempt to certificate, sales load
dispose, for a valuable includes the sales load on
consideration, of a any investment company
subdivision lot, including the securities in which the
building and other payments made on such
improvements thereof, if certificate are invested, as
any, in a subdivision project well as the sales load on the
or a condominium unit in a certificate itself. [Sec. 3, RA
condominium project. A 2629].
contract to sell, a contract of
purchase and sale, an Salesman. A natural person,
exchange, an attempt to employed as such as an
sell, an option of sale or agent, by a dealer, issuer or
purchase, a solicitation of a broker to buy and sell
sale, or an offer to sell, securities. [Sec. 3, RA 8799].
directly or by an agent, or by
a circular, letter, Sales promotion.
advertisement or otherwise. Techniques in-tended for
[Sec. 2, PD 957]. broad consumer
participation which contain
Sales invoice. A detailed promises of gain such as
statement of the nature, prizes, in cash or in kind, as
quantity and cost of the reward for the purchase of a
thing sold and has been product, security, service or
considered not a bill of sale. winning in contest, game,
[P.T. Cerna Corp. v. CA, GR tournament and other
91622. Apr. 6, 1993]. similar competitions which
involve determination of
Sales load. The difference winner/s and which utilize
between the price of a mass media or other
security to the public and widespread media of
that portion of the proceeds information. It also means
from its sale which is techniques purely intended
received and invested or to increase the sales,
held for investment by the patronage and/or goodwill of
issuer, less any portion of a product. [Art. 4, RA 7394].
such difference deducted for
trustee's or custodian's fees, Sale with pacto de retro.
insurance premiums, issue One where the vendor
taxes, or administrative reserves the right to
expenses or fees which are repurchase the thing sold
not properly chargeable to with the obligation to comply
sales or promotional with the stipulation of the
activities. In the case of a contract, and to refund the
1031
price, the necessary and

useful expenses incurred on Salt iodization. The addition
the thing, the expenses of of iodine to salt intended for
the contract and other human or animal
legitimate payments made consumption in accordance
by the vendee by reason of with specifications as to
the sale. [Moreno’s Law form, fortificant, method,
Dict., 2000 Ed., p. 423]. manner and composition as
may be prescribed by the
Sale with right to BFAD. [Sec. 4, RA 8172].
repurchase. A sale
whereby the title and Salus populi suprema est
ownership of the property lex. Lat. The welfare of the
sold are immediately vested people is the supreme law.
in the vendee a retro within [Lim v. Pacquing, GR
the period stipulated. Failure 115044. Jan. 27, 1995].
to perform said resolutory
condition vests upon the Salvage. The compensation
vendee by operation of law allowed to persons by whose
absolute title or ownership assistance a ship or her
over the property sold. cargo has been saved, in
[Albano, Civil Law Reviewer, whole or in part, from
Rev. Ed., p. 356]. impending peril on the sea,
or in recovering such
Salting of foreign property from actual loss, as
exchange. The crime in case of shipwreck,
committed by any person derelict, or recapture.
engaged in the business of [Blackwall v. Saucelito Tug
exporting who shall Co., 10 Wall. 1, 12, cited in
underdeclare or undervalue Erlanger & Galinger v.
his exports, either as to price Swedish East Asiatic Co.,
or quantity, or any person Ltd., 34 Phil. 178].
engaged in the business of
importation who shall Salvage Law, The. Act 2616
overvalue or overdeclare his enacted on Feb. 4, 1916.
importations, either as to
price or quantity, for the Salvage zone. An easement
purpose of salting and on the riparian property or
retaining foreign exchange lands bordering the sea or
abroad in violation of river that covers 20 meters
existing laws and Central from the coastline boundary
Bank rules and regulations. inward to give the people
[Sec. 2, PD 1883]. See the right of passage and the
Blackmarketing of foreign right to use the place in case
exchange. of bad weather and by
1032
shipwreck of bancas or expressed as a fine or jail

vessels in distress. It is an term. [Duhaime's Legal Dict.,
easement of public use in 2004].
the general interest of
recreation, passage, fishing Sandiganbayan. A special
and salvage. [Moreno’s Law court created under PD
Dict., 2000 Ed., p. 424]. 1606, as amended, which
exercises jurisdiction over
Same offense. Identical (a) violations of RA 3019,
offense or any attempt to as amended, otherwise,
commit the same or known as the Anti-Graft and
frustration thereof or any Corrupt Practices Act, and
offense which necessarily RA 1379; (b) crimes
includes or is necessarily committed by public officers
included in the offense and employees including
charged in the former those employed in
complaint or information. government-owned or
[Perez v. CA, GR L-80838. controlled corporations,
Nov. 29, 1988]. embraced in Title VII of the
Rev. Penal Code, whether
Sanction. 1. The whole or simple or complexed with
part of a prohibition, other crimes; and (c) other
limitation or other condition crimes or offenses
affecting the liberty of any committed by public officers
person; the withholding of or employees, including
relief; the imposition of those employed in
penalty or fine; the government-owned or
destruction, taking, seizure controlled corporations, in
or withholding of property; relation to their office.
the assessment of damages,
reimbursement, restitution, Sangkap Pinoy Seal
compensation, cost, charges Program (SPSP). A
or fees; the revocation or strategy to encourage food
suspension of license; or the manufacturers to fortify
taking of other compulsory processed foods or food
or restrictive action. [Sec. 2, products with essential
Chap. 1, Book VII, EO 292]. nutrients at levels approved
2. A very unusual word with by the DOH. The
two contradictory meanings. fundamental concept of the
To sanction can mean to program is to authorize food
ratify or to approve but it manufacturers to use the
can also mean to punish. DOH seal of acceptance for
The sanction of a crime processed foods or food
refers to the actual products, after these
punishment, usually products passed a set of
1033
defined criteria. The seal is a pollution, insect and vermin

guide used by consumers in control or eradication, rural
selecting nutritious foods. and camp sanitation, and
[Sec. 3, RA 8976]. milk and food sanitation; (c)
systems for the
Sangla. Also Sanla. Tag. In prevention of atmospheric
some Tagalog provinces, the pollution or the control of
word means "bilihang indoor air, especially the air
mabibiling muli" or "pacto de or working spaces in
retro." By this contract, the industrial establishments
vendee-a-retro takes (industrial hygiene
possession of the property engineering); and (d)
as owner until the same is Professional research and
repurchased or redeemed. laboratory work supporting
[Aguinaldo v. Esteban, GR L- the activities listed in
27289. Apr. 15, 1985]. subsection (a). [Sec. 2, RA
1364].
Sanglaan. Also Sanlaan.
Tag. A word that is used to Satellite newsgathering.
mean only either mortgage The use of either
or pledge, and never a sale transportable Fixed Satellite
or a pacto de retro sale. Service earth stations or
[Perfecto, dissenting opinion, Mobile Satellite Service earth
Lim v. Calaguas, GR L-2031. stations to provide
May 30, 1949]. temporary communications
services for news media
Sanitary engineering, organizations covering news
practice of. The practice of events such as summits,
sanitary engineering shall conferences or disasters.
embrace the following [Sec.3, EO 467, s. 1998].
activities: (a) sanitary
surveys, reports, design, Satisfaction. Remedy in
direction, management, international law that
consultation, and provides for the honor of an
investigation of: (a) water injured state to be restored.
purification plants, water [Intl. Law Dict. & Direct.,
collection and distribution 2004].
systems, reservoirs,
drainage and sewer systems, Satisfaction of a judgment.
sewage treatment plants, The payment of the amount
malaria control structures, of the writ, or a lawful tender
sewage disposal tanks, and thereof, or the conversion by
other structures for public sale of the debtor's property
health and welfare; (b) into an amount equal to that
projects relating to stream due, and, it may be done
1034
otherwise than upon an the effects of the repeal.

execution. [PAL v. CA, GR [Suarez, Stat. Con., (1993),
49188. Jan. 30, 1990]. p. 50].
Saturday account system. Savings and loan

A custom, business practice association. Any
and usage among merchants corporation engaged in the
of Chinese descent whereby business for accumulating
a customer could order the savings of its members
goods on credit and a or stockholders, and using
collector is sent to him on such accumulations,
Saturday. Payment may or together with its capital in
may not be made by said the case of a stock
customer. In other words, corporation, for loans and/or
the obligation is one which for investment in the
does not provide for a securities of productive
definite or specific term. enterprises or in securities of
[Moreno’s Law Dict., 2000 the Government, or any of
Ed., p. 425]. its political subdivisions,
instrumentalities or
Satyriasis. Legal Med. The corporations: Provided, That
excessive sexual desire in they shall be primarily
men. [Olarte, Legal Med., 1st engaged in servicing the
Ed. (2004), p. 115]. Compare needs of households by
with Nymphomania. providing personal finance
and long-term financing for
Sauna bath attendant. A home building and
person who applies the development. [Sec. 3, RA
proper technique of giving 3779].
steam bath to customers.
[Sec. 59, PD 856]. Sawmill. A wood processing
plant or implement operated
Sauna bath establishment. mechanically and installed in
An establishment where a fixed site or mobile carrier
customers are exposed to where coconut wood, log or
steam which is generated by timber is cut, treated, sawn
sprinkling water on hot or ripped into lumber, slabs
stones or by some other and other wood products of
means. [Sec. 59, PD 856]. any size or form such as
poles, piles wall wood,
Saving clause. That part of boards, pulp, or other
the statute which restricts a finished coconut wood
repealing act and preserve product. [Sec. 3, PCA Admin.
existing powers, rights and Order 1-95].
pending proceedings from
1035
Saya. Tag. Skirt. [US v. Rep., GR L-45484. Apr. 8,

Ramos, GR 10832. Dec. 11, 1988].
1916].
Schizophrenia. 1. A chronic
SBF. See Subic Bay mental disorder
Freeport. characterized by inability to
distinguish between fantasy
SBMA. See Subic Bay and reality, and often
Metropolitan Authority. accompanied by
hallucinations and delusions.
Scab. A person who works for Formerly called “dementia
lower wages than or under praecox,” it is said to be the
conditions contrary to those most common form
prescribed by a trade union; psychosis and usually
also one who takes the place develops between the ages
of a workingman on a strike. 15 and 30. [People v.
Non-union workers who pass Pascual, GR 95029. Mar. 24,
through union picket line. A 1993, citing Encyc. & Dict. of
worker who works under Medicine & Nursing, Miller-
non-union conditions. Keane, p. 860]. 2. A serious
[Black’s Law Dict., Abr. 5th mental disorder
Ed. (1983), p. 699]. characterized by loss of
contact with reality
Scandal. Any reprehensible (psychosis), hallucinations,
word or deed that offends delusions (false beliefs),
public conscience, redounds abnormal thinking and
to the detriment of the disrupted work and social
feelings of honest citizens functioning. [Olarte, Legal
and gives occasion to the Med., 1st Ed. (2004), p. 144].
neighbor’s spiritual damage
or ruin. [Gregorio, Fund. of Schizophrenic. A person with
Crim. Law Rev., 1997 9th Ed., a split personality that
p. 889]. withdraws him from reality
and renders him incapable of
Scanning. A process whereby understanding what he is
medical services are doing. [People v. Capitin, GR
extended through highly L-49118. Aug. 30, 1988].
advanced x-ray forms of
examination of the human School. 1. An institution for
body. [Moreno’s Law Dict., learning in the elementary,
2000 Ed., p. 425]. secondary or tertiary level
comprised of the studentry,
Schistosoma administration, faculty and
haematobium. A kind of non-faculty personnel. [Sec.
parasitic worm. [Capacio v. 3, RA 7079]. 2. Any
1036
educational institution, regulations. [Sec. 1, Rule II,

private or public, PD 451].
undertaking educational
operation for pupils/students School head. A person
pursuing certain studies at responsible for the
defined levels, receiving administrative and
instructions from teachers, instructional supervision of
usually located in a building the school or cluster of
or a group of buildings in a schools. [Sec. 4, RA 9155].
particular physical or cyber
site. [Sec 3, RA 9165]. 3. An School levels. Elementary,
educational institution, secondary, and collegiate
private and public, levels, excluding free school
undertaking educational and postgraduate courses.
operation with a specific [Sec. 1, PD 577].
age-group of pupils or
students pursuing defined Schools. Duly established
studies at defined levels, institutions of learning or
receiving instruction from educational institutions.
teachers, usually located in a [Sec. 26, BP 232].
building or a group of
buildings in a particular School year. The total of two
physical or cyber site. [Sec. (2) semesters [or three (3)
4, RA 9155]. trimesters, or four (4)
quarterms, as the case may
School administrators. All be] and one (1) summer.
persons occupying policy
implementing positions Scienter. Lat. Knowledge. 1.
having to do with the Required in Arts. 162, 165,
functions of the school in all 187, 188 (2) and (4), 244,
levels. [Sec. 6, BP 232]. 316 (2), 319 (1), 333, 335
(2) and 350 of the Rev. Penal
School fees, other. All Code. 2. In legal situations,
miscellaneous fees charged the word is usually used to
to be charged by private refer to “guilty knowledge".
schools, colleges and For example, owners of
universities as embodied in vicious dogs may be liable
their respective for injuries caused by these
prospectuses, bulletins of dogs if they can prove the
information, or catalogues, owner's "scienter" (i.e., that
which are collected and the owner was aware, before
earmarked for certain the attack, of the dog's
specified purposes pursuant vicious character).
to existing laws, rules and [Duhaime's Legal Dict.,
2004].
1037
Scientific and Scrap. Manufactured articles

technological activities or parts rejected for
(STA). All systematic imperfection or discarded
activities which are closely because of excessive wear
concerned with the or lack of demand and useful
generation, advancement, only as raw material for
dissemination, and reprocessing. [Napocor v.
application of scientific and CA, GR 122195. July 23,
technical knowledge in all 1998, citing Webster‘s 3rd
fields of natural science and Intl. Dict. 2039 (3rd Ed.,
technology. [Sec. 3, RA 1971).
8439].
Screening test. A rapid test
Scientific career system performed to establish
(SCS). A system of potential/ presumptive
recruitment, career positive result. [Sec 3, RA
progression, recognition and 9165].
reward of scientists in the
public service as a means of Scriptory credit. Credit
developing a pool of highly appearing in a public
qualified and productive instrument or final
scientific personnel. [EO 901, judgment. [Moreno’s Law
July 19, 1983]. Dict., 2000 Ed., p. 426].
Score. 1. In street language, Sea farming. The stocking of

it means desire to buy drugs. natural or hatchery-
[People v. Pablo, GR 105326. produced marine plants or
Dec. 28, 1994]. 2. In the animals, under controlled
parlance of those engaged in conditions, for purposes of
the illegal trade in drugs, the rearing and harvesting, but
word means "buy.” [GR not limited to commercially-
97930. May 27, 1992]. important fishes, mollusks
(such as pearl and giant
Scout. Intl. Law. Soldiers not clam culture), including
in disguise who have seaweeds and seagrasses.
penetrated into the zone of [Sec. 4, RA 8550].
operations of a hostile army
to obtain information but are Seal. 1. Any of various
not considered as spies. closures or fastenings that
[Cruz, Intl. Law Reviewer, cannot be opened without
1996 Ed., p. 138]. rupture and that serve as a
check against tampering or
SCRA. See Supreme Court unauthorized opening.
Re-ports Annotated. [Syquia v. CA. GR 98695.
1038
Jan. 27, 1993, citing accused that he faces a jail

Webster's 3rd Intl. Dict.. pp. term (because the accused
2046 (1970)]. 2. v. To mark is aware of that) but so also,
a document with a seal; to the exact length of
authenticate or make imprisonment under the law
binding by affixing a seal. and the certainty that he will
Court seal, corporate seal. serve time at the national
[Glossary of Legal Terms penitentiary or a penal
(Pro-Se), 2004]. colony. [People v. Dayot, GR
88281. July 20, 1990].
Seaman. Any person
employed in a vessel Searching questions and
engaged in maritime answers. Such questions as
navigation. [Art. 13, LC]. have tendency to show the
commission of a crime and
Sea ranching. The release of the perpetrator thereof,
the young of fishery species taking into consideration the
reared in hatcheries and purpose of the preliminary
nurseries into natural bodies examination which is to
of water for subsequent determine "whether there is
harvest at maturity or the a reasonable ground to
manipulation of fishery believe that an offense has
habitat, to encourage the been committed and the
growth of the wild stocks. accused is probably guilty
[Sec. 4, RA 8550]. thereof so that a warrant of
arrest may be issued and the
Searching domicile without accused held for trial." [Luna
witnesses. Crim. Law. The v. Plaza, GR L-27511. Nov.
felony committed by a public 29, 1968].
officer or employee who, in
cases where a search is Search warrant. 1. An order
proper, shall search the in writing issued in the name
domicile, papers or other of the People of the
belongings of any person, in Philippines signed by a judge
the absence of the latter, and directed to a peace
any member of his family, or officer, commanding him to
in their default, without the search for personal property
presence of two witnesses and bring it before the court.
residing in the same locality. [Sec. 1, Rule 126, RoC]. 2. A
[Art. 130, RPC]. search warrant is in the
nature of a criminal process
Searching inquiry. Rem. akin to a writ of discovery. It
Law. Under the Rules (of is a special and peculiar
Court), it means more than remedy, drastic in nature,
informing cursorily the and made necessary
1039
because of a public Seasonal farmworker. A

necessity. [Malaloan v. CA, natural person who is
GR 104879. May 6, 1994]. 3. employed on a recurrent,
A written order issued by a periodic or intermittent basis
judge that directs a law by an agricultural enterprise
enforcement officer to or farm, whether as a
search a specific area for a permanent or a non-
particular piece of evidence. permanent laborer, such as
[Glossary of Legal Terms "dumaan", "sacada", and the
(Pro-Se), 2004]. Compare like. [Sec. 3, RA 6657].
with Warrant of arrest.
Seat belt device. Any strap,
Search warrants webbing or similar device in
maliciously obtained and the form of pelvic restraint
abuse in the service of or lap belt, upper torso
those legally obtained. restraint or shoulder strap or
The act of any public officer a combination thereof
or employee who shall designed to secure a person
procure a search warrant in a motor vehicle in order to
without just cause, or, mitigate the results of any
having legally procured the accident, including all
same, shall exceed his necessary buckles and other
authority or use unnecessary fasteners, and all hardware
severity in executing the designed for installing such
same. seat belt device in a motor
vehicle. [Sec. 3, RA 8750].
Seashore park. Any public
shore area delimited for Seaworthy. A ship which is
outdoor recreation, sports reasonably fit to perform the
fishing, water skiing and service and to encounter the
related healthful activities. ordinary perils of the voyage
[Sec. 3, PD 705]. contemplated by the parties
to the policy. [Sec. 114, IC].
Seasonal employment.
Labor. An employment Second. The base unit of time
where an employee is which is the duration of 9
engaged to work during a 192 631 770 periods of the
particular season on an radiation corresponding to
activity that is usually the transition between the
necessary or desirable in the two hyperfine levels of the
usual business or trade of ground state of the cesium
the employer. [Poquiz, Labor 133 atom. [Sec. 4, BP 8].
Rel. Law, 1999 Ed. p. 317].
Secondary authority. Legal
encyclopedias, treatises,
1040
legal texts, law review with continuing basic

articles, and citators. education and expanding it
Writings which set forth the to include the learning of
opinion of the writer as to employable gainful skills,
the law. [Glossary of Legal usually corresponding to four
Terms (Pro-Se), 2004]. years of high school. [Sec.
20, BP 232].
Secondary beneficiaries.
The dependent parents and, Secondary evidence. Also
subject to the restrictions Substitutionary evidence.
imposed on dependent 1. The rule of evidence that
children, the illegitimate when the original document
children and legitimate has been lost or destroyed,
descendants. [Art. 167, LC]. or cannot be produced in
Compare with Primary court, the offeror, upon proof
beneficiaries. of its execution or existence
and the cause of its
Secondary canal. The unavailability, without bad
channel connected to the faith on his part, loss or
main canal which distributes destruction, or unavailability,
irrigation to specific areas. without bad faith on his part,
[Sec. 4, RA 8435]. may prove its contents in
some authentic document,
Secondary cataract. Also or by the testimony of
After-cataract. A cataract witnesses in the order
which occurs after certain stated. [Sec. 5, Rule 130,
forms of cataract RoC]. 2. Evidence which is
extractions. [Jarillo v. ECC, inferior to primary evidence
GR L-52058. Feb. 25, 1982]. and admissible only in the
absence of the latter.
Secondary compulsory [Claridades, A., Compilation
heirs. Heirs who may be of Notes, 2001-2006].
excluded by other Compare with Primary
compulsory heirs. They evidence or Best
embrace only parents or evidence.
ascendants. [Jurado,
Comments & Jurisp. on Secondary franchise. See
Succession, 1991 8th Ed., p. Special franchise.
236]. See Primary
compulsory heirs. Secondary liability. See
Subsidiary liability.
Secondary education. The
state of formal education Secondary meaning
following the elementary doctrine. A word or phrase
level concerned primarily originally incapable of
1041
exclusive appropriation with Finance, GR 115455. Aug.

reference to an article in the 25, 1994].
market, because
geographical or otherwise Secrecy of Bank Deposits
descriptive might Law. RA 1405 entitled “An
nevertheless have been Act prohibiting disclosure of
used so long and so or inquiry into, deposits with
exclusively by one producer any banking institution and
with reference to this article providing penalty therefor”
that, in that trade and to enacted on Sep. 9, 1955.
that group of the purchasing
public, the word or phrase Secretariat. The chief
has come to mean that the administrative organ of the
article was his produce. [Ang United Nations which is
v. Teodoro, 74 Phil. 56]. headed by a Secretary
General. [Cruz, Intl. Law
Secondary mortgage Reviewer, 1996 Ed., p. 35].
institution (SMI). An entity
created for the purpose of Secretary-General. The
enhancing a secondary head of the United Nations
market for residential Secretariat chosen by the
mortgages and housing- General Assembly upon the
related asset-backed recommendation of the
securities (ABS). [Sec. 3, RA Security Council. His term is
9267]. fixed at five years by
resolution of the General
Secondary processing. The Assembly, with re-election.
physical transformation of [Cruz, Intl. Law Reviewer,
semi-processed agricultural 1996 Ed., p. 35].
or fishery pro-ducts. [Sec. 4,
RA 8435]. Secret keys. A
characteristics style or
Second class ricelands. symbols kept from the
Those which yield forty (40) knowledge of others or
cavans or less, the same to disclosed confidentially to
be computed upon the but one of few. [Sec. 42, RA
normal average harvest of 5921].
the three preceding years.
[Sec. 14, RA 2263]. Secret marriage. A legally
non-existent phrase but
Second reading of a bill. ordinarily used to refer to a
The reading in full of the bill civil marriage celebrated
with the amendments without the knowledge of the
proposed by the committee, relatives and/or friends of
if any. [Tolentino v. Sec. of either or both of the
1042
contracting parties. [Rep. v. very least, the appointee

CA, GR 103047. Sep. 2, must actually belong to the
1994]. sector which he purports to
represent, otherwise there
Secret partner. A partner can be no true
whose connection with the representation. [Supangan v.
firm is kept secret. [Suarez, Santos, GR 89072. Aug. 24,
Intro. to Law, 1995 3rd Ed., p. 1990].
120].
Secured debts. In
Secret partnership. A bankruptcy, a debt is
common law partnership in secured if the debtor gave
which the participation of the creditor a right to
one or more persons as repossess the property or
partners is not disclosed to goods used as collateral.
the public by any of the [Glossary of Legal Terms
partners. All of the partners (Pro-Se), 2004].
have unlimited personal
liability. [Intl. Law Dict. & Securities. 1. Shares,
Direct., 2004]. participation or interests in a
corporation or in a
Sectoral organization. A commercial enterprise or
group of citizens or a profit-making venture and
coalition of groups of citizens evidenced by a certificate,
who share similar physical contract, instruments,
attributes or characteristics, whether written or electronic
employment, interest or in character. [Sec. 3, RA
concerns. [Sec. 3, RA 7941]. 8799]. 2. Shares of stock in a
corporation and rights to
Sectoral party. An organized subscribe for or to receive
group of citizens belonging such shares. The term
to any of the sectors includes bonds, debentures,
enumerated in Sec. 5 of RA notes or certificates, or other
7941 whose principal evidence of indebtedness,
advocacy pertains to the issued by any corporation,
special interest and concerns including those issued by a
of their sector. [Sec. 3, RA government or political
7941]. subdivision thereof, with
interest coupons or in
Sectoral representation. registered form. [Sec. 22,
The term implies that the NIRC, as amended]. 3.
person to be appointed must Written evidences of
possess the necessary ownership, interest, or
qualifications to represent participation, in an
that particular sector. At the enterprise, or written
1043
evidences of indebtedness of any profit-sharing

a person or enterprise. It agreement, collateral-trust
includes, but is not limited to certificate, pre-organization
the instruments enumerated certificate or subscription
in Sec. 2 of the Securities transferable share,
Act (CA 83, as amended). investment contract, voting-
[Sec. 3, PD 129]. trust certificate, certificate of
deposit for a security,
Securities and Exchange fractional undivided interest
Commission (SEC). The in oil, gas, or other mineral
national agency - originally rights, or, in general, any
created under interest or instrument
Commonwealth Act No. 83 - commonly known as a
which supervises and security or any certificate of
monitors the securities interest or participation in,
industry and exercises temporary or interim
jurisdiction and supervision certificate for, receipt for,
over all corporations, guarantee of, or warrant or
partnerships or associations, right to subscribe to or
which are the grantees of purchase, any of the
primary franchise and/or a foregoing. [Sec. 3, RA 2629].
license or permit issued by
the government to operate Security Council. The organ
in the Philippines. of the United Nations
primarily responsible for the
Securitization. The process maintenance of international
by which assets are sold on peace and security. [Cruz,
a without recourse basis by Intl. Law Reviewer, 1996 Ed.,
the seller to a special p. 27].
purpose entity (SPE) and the
issuance of asset-backed Security interest. A property
securities (ABS) by the SPE interest in goods, documents
which depend, for their or instruments to secure
payment, on the cash flow performance of some
from the assets so sold and obligations of the entrustee
in accordance with the plan or of some third persons to
for securitization as the entruster and includes
approved by the SEC. [Sec. title, whether or not
3, RA 9267]. expressed to be absolute,
whenever such title is in
Security. Any note, stock, substance taken or retained
treasury stock, bond, for security only. [Sec. 3, PD
debenture, evidence of 115].
indebtedness, certificate of
interest or participation in
1044
Security of tenure. The province, or the National

degree of protection Government, of all its
afforded to qualified property or any part thereof.
Program beneficiaries [Art. 139, RPC].
against infringement or
unjust, reasonable and Seduction. That (which), in
arbitrary eviction or law, is more than mere
disposition, by virtue of the sexual intercourse, or a
right of ownership, lease breach of promise of
agreement, usufruct and marriage; it connotes
other contractual essentially the idea of
arrangements. [Sec. 3, RA deceit, enticement, superior
7279]. power or abuse of
confidence on the part of the
Sedition. Crim. Law. The seducer to which the woman
felony committed by persons has yielded. [US v.
who rise publicly and Buenaventura, 27 Phil. 121;
tumultuously in order to US vs Arlante, 9 Phil. 595].
attain by force, intimidation,
or by other means outside of Seed tree system. Partial
legal methods, any of the clearcutting with seed trees
following objects: 1. To left to regenerate the area.
prevent the promulgation or [Sec. 3, PD 705].
execution of any law or the
holding of any popular Seisin. The legal possession
election; 2. To prevent the of property. In law, the term
National Government, or any refers more specifically to
provincial or municipal the possession of land by a
government or any public freeholder. For example, a
officer thereof from freely owner of a building has
exercising its or his seisin, but a tenant does not,
functions, or prevent the because the tenant,
execution of any although enjoying
administrative order; 3. To possession, does not have
inflict any act of hate or the legal title in the building.
revenge upon the person or [Duhaime's Legal Dict.,
property of any public officer 2004].
or employee; 4. To commit,
for any political or social Seizure. The act of taking
end, any act of hate or possession of property, e.g.,
revenge against private for a violation of law or by
persons or any social class; virtue of an execution. The
and 5. To despoil, for any term implies a taking or
political or social end, any removal of something from
person, municipality or the possession, actual or
1045
constructive, of another Self-contradiction. An

person or persons. [Black’s admission is for a party-
Law Dict., Abr. 5th Ed. (1983), opponent what a self-
p. 707]. contradiction is to a witness,
i.e., a statement made
Seizure of evidence in somewhere else, and
plain view. Elements: (a) inconsistent with his
A prior valid intrusion allegations of claim or
based on the valid defense in the case on trial.
warrantless arrest in which His two statements being
the police are legally present inconsistent, one or the
in the pursuit of their official other must be incorrect;
duties; (b) the evidence was hence a doubt is thrown on
inadvertently discovered by his present allegation. He
the police who had the right may be able to explain away
to be where they are; (c) the the other and inconsistent
evidence must be statement; but unless he
immediately apparent, and does so, the present
(d) "plain view" justified allegation remains
mere seizure of evidence discredited. [Olave v. CA, GR
without further search. L-39984. Apr. 30, 1987].
[People v. Aruta, GR 120915.
Apr. 13, 1998]. Self-dealing director,
trustee or officer. A
Selective logging. The director, trustee or officer
systematic removal of the dealing with his own
mature, over-mature and corporation. The contract of
defective trees in such such corporation one or
manner as to leave more of its director, trustee
adequate number and or officer is rendered
volume of healthy residual voidable at the option of the
trees of the desired species corporation under Sec. 32 of
necessary to assure a future the Corp. Code.
crop of timber, and forest
cover for the protection and Self-defense. 1. Crim. Law.
conservation of soil and The claim that an act
water. [Sec. 3, PD 705]. otherwise criminal was
legally justifiable because it
Self-closing doors. was necessary to protect a
Automatic closing doors that person or property from the
are designed to confine threat or action of another.
smoke and heat and delay [Glossary of Legal Terms
the spread of fire. [Sec. 3, (Pro-Se), 2004]. 2. Intl. Law.
PD 1185]. The right of a state to defend
itself when it can show that
1046
the use of force in its own term that says that it is

defense is necessary, directly effective within the
justified, and proportionate signatory states upon
to the seriousness of the ratification. [Intl. Law Dict. &
circumstances. [Intl. Law Direct., 2004].
Self-gratification. See
Self-defense. Essential Masturbation.
requisites: (a) unlawful
aggression on the part of the Self-help doctrine. The right
victim, (b) reasonable of the owner or lawful
necessity of the means possessor of a thing to
employed to repel the exclude any person from the
aggression, and (c) lack of enjoyment and disposal
sufficient provocation on the thereof. For this purpose, he
part of the accused. [People may use such force as may
v. Obzunar, GR 92153. Dec. be reasonably necessary to
16, 1996]. repel or prevent an actual or
threatened unlawful physical
Self-determination. Intl. invasion or usurpation of his
Law. The right of all peoples property. [Art. 429, CC].
to freely determine their
political status and freely Self-incrimination, right
pursue their economic, against. 1. The
social, and cultural constitutional right of people
development. [Intl. Law Dict. to refuse to give testimony
& Direct., 2004]. against themselves that
could subject them to
Self-employed. 1. A person criminal prosecution. The
who works for himself and is right is guaranteed in under
therefore both employee and Art. III, Sec. 17 of the 1987
employer at the same time. Phil. Const. which provides:
[Sec. 1, RA 9241]. 2. Persons “No person shall be
engaged in business and compelled to be a witness
who derive their personal against himself.” 2. A
income from such business. protection against
This includes single testimonial compulsion. It
proprietorships, i.e., prohibits the use of physical
manufacturers, traders, or moral compulsion to
market vendors, owners of extort communications from
eateries, farmers and service the accused, not an
shops. [Sec. 2, RA 7496]. exclusion of his body as
evidence when it may be
Self-executing treaty. Intl. material. Essentially, the
Law. A treaty containing a right is meant to “avoid and
1047
prohibit positively the Jur., Evid., Sec. 558, pp. 470,

repetition and recurrence of 471]. Compare with
the certainly inhuman Declaration against
procedure of compelling a interest.
person, in a criminal or any
other case, to furnish the Self-serving evidence.
missing evidence necessary Evidence made by a party
for his conviction.” [People v. out of court at one time; it
Codilla, GR 100720-23. June does not include a party's
30, 1993]. testimony as a witness in
court. It is excluded on the
Self-judging reservation. same ground as any hearsay
Intl. Law. A reservation that evidence, that is the lack of
allows a state to exclude opportunity for cross-
from the jurisdiction of the examination by the adverse
International Court of Justice party, and on the
any dispute that it consideration that its
determines is a domestic admission would open the
matter. [Intl. Law Dict. & door to fraud and to
Direct., 2000]. fabrication of testimony.
[Natl. Devt. Co. v.
Self-serving declarations. Workmen's Compensation
1. Unsworn statements Comm., L-21724, Apr. 27,
made by the declarant out of 1967, 19 SCRA 861].
court and which are
favorable to his interests. Self-serving statements.
[Francisco, Evidence, Vol. Those made by a party out
VII, Part 1, 1997 Ed., p. 320]. of court advocating his own
2. Self-serving declaration is interest; they do not include
a statement favorable to the a party's testimony as a
interest of the declarant. It is witness in court. Self-serving
not admissible in evidence statements are inadmissible
as proof of the facts because the adverse party is
asserted. The vital objection not given the opportunity for
to the admission of this kind cross-examination, and their
of evidence is its hearsay admission would encourage
character. Furthermore such fabrication of testimony.
declarations are [Hernandez v. CA, GR
untrustworthy; to permit 104874. Dec. 14, 1993].
their introduction in
evidence would open the Sell. To dispose of by sale.
door to frauds and perjuries. [Black’s Law Dict., Abr. 5th
[Fitzsimmons v. Atlantic, Gulf Ed. (1983), p. 708].
& Pacific Co., GR L-2016.
Aug. 23, 1949, citing 20 Am.
1048
Sell a dangerous drug. The false or mutilated coin with

act of giving a dangerous intent to utter the same, or
drug, whether for money or shall actually utter such coin.
any other material [Art. 165, RPC].
consideration. [Sec. 2, RA
6425]. Semen. Legal Med. A viscid,
albuminous fluid with faint
Seller. 1. Consumer Law. A grayish yellow color and
person engaged in the fishy odor which transports
business of selling consumer the sperm through the vas
products directly to deferens and the erect penis
consumers. It shall include a during sexual intercourse.
supplier or distributor if (a) [Olarte, Legal Med., 1st Ed.
the seller is a subsidiary or (2004), p. 125.
affiliate of the supplier or
distributor; (b) the seller Semi-commercial carabao
interchanges personnel or production. The raising of
maintains common or twenty (20) to forty-nine (49)
overlapping officers or carabaos. [Sec. 3, RA 7307].
directors with the supplier or
distributor; or (c) the Semilla or seedling. A part
supplier or distributor of the fruit of the plant which
provides or exercises produces it when it
supervision, direction or germinates under proper
control over the selling conditions. [People v.
practices of the seller. [Art. Mesias, 65 Phil., 267].
4, RA 7394]. 2. Securities
Law. The person or entity Semi-precious coral.
which conveys to the special Skeleton of anthozoan
purpose entity (SPE) the coelenterate characterized
assets forming the asset by a thorny, horny axis, such
pool in accordance with the as the Antipatharians as
plan for securitization as represented by the black
approved by the SEC. In corals. [Sec. 3, PD 1219].
most instances, the Seller
may itself be the Originator. Semisueño. Sp. The legal
[Sec. 3, RA 9267]. term to denote a person who
is half asleep, "semi" being
Selling of false or the prefix meaning "half" or
mutilated coin, without "partly," and "sueño" being
connivance. Crim. Law. The "sleep, sleeping, drowsiness.
felony committed by the [People v. Salarza, Jr., GR
person who knowingly, 117682. Aug. 18, 1997].
although without
connivance, shall possess
1049
Semolina. The purified it signifies only a general

middlings of durum or other weakening of a mind
hard wheat, used for previously normal. [Moreno’s
macaroni and similar edible Law Dict., 2000 Ed., p. 430].
pastes; sezings or course
middlings. [Farm Implement Senior citizen. 1. Any person
Machinery Co. v. Comm. of who is at least sixty (60)
Customs, GR L-12613. May years of age. [Sec. 3, RA
30, 1962, citing Webster's 7876]. 2. Any resident
Intl. Dict.]. citizen of the Philippines at
least sixty (60) years old,
Semper et ubique. Lat. At including those who have
all times and everywhere. retired from both
[Moreno’s Law Dict., 2000 government offices and
Ed., p. 429]. private enterprises, and has
an income of not more than
Semper praesumitur pro P60,000.00 per annum
matrimonio. Lat. Always subject to review by NEDA
presume marriage. [US v. every three (3) years. [Sec.
Villafuerte and Rabano 2, RA 7432].
(1905), 4 Phil. 476; Son Cui
v. Guepangco, 22 Phil. 216; Senior Citizens Center Act
US v. Memoracion and Uri of the Philippines. RA
(1916), 34 Phil. 633]. 7876 entitled “An Act
establishing a senior citizens
Senile cataract. The most center in all cities and
common form of cataract municipalities of the
occurring after the age of Philippines, and
fifty due to aging or appropriating funds
degenerative changes. therefor” enacted on Feb.
[Jarillo v. ECC, GR L-52058. 14, 1995.
Feb. 25, 1982].
Senior encumbrancer. A
Senile dementia. lien or mortgage holder who
Childishness. In the first is superior to another holder
stages of the disease, a or encumbrancer.
person may possess reason [Claridades, A., Compilation
and have will power. [Torres of Notes, 2001-2006].
v. Lopez, GR 24569. Feb. 26, Compare with Junior
1926]. encumbrancer.
Senile psychosis. The term Senior lien. A prior lien which

is not always synonymous has precedence as to the
with insanity as understood property under the lien over
by the laity, for in medicine, another lien or
1050
encumbrance. [Black’s Law be affected thereby. [Suarez,

Dict., Abr. 5th Ed. (1983), p. Stat. Con., (1993), p. 51].
708]. Compare with Junior
lien. Separate opinion. An
opinion written by one or
Senior mortgage. A more justices that may
mortgage which is of agree or dissent from the
superior priority; above majority opinion. [Intl. Law
those which are often Dict. & Direct., 2004].
referred to as junior
mortgages. [Black’s Law Separation of property
Dict., Abr. 5th Ed. (1983), p. regime. The property
708]. Compare with Junior relations during marriage
mortgage. where each spouse shall
own, dispose of, possess,
Sentence. 1. The punishment administer and enjoy his or
ordered by a court for a her own separate estate,
defendant convicted of a without need of the consent
crime. [Glossary of Legal of the other. To each spouse
Terms (Pro-Se), 2004]. 2. shall belong all earnings
The punishment given to a from his or her profession,
person who has been business or industry and all
convicted (i.e., found to be fruits, natural, industrial or
guilty) of a crime. It may be civil, due or received during
time in jail, community the marriage from his or her
service or a period of separate property. [Art. 145,
probation. [Duhaime's Legal FC].
Dict., 2004].
Separation pay. Labor. 1. A
Sentenciador. Referee. See statutory right defined as the
Referee. amount that an employee
receives at the time of his
Sentencia firme. Sp. Final severance from the service
judgment. [People v. and is designed to provide
Satorre, GR L-26282. Aug. the employee with the
27, 1976]. wherewithal during the
period that he is looking for
Separability clause. A another employment.
clause which states that if [Aquino v. NLRC, GR 87653,
for any reason, any section Feb. 11, 1992, 206 SCRA
or provision of the statute is 118]. 2. The amount that an
held to be unconstitutional, employee receives at the
the other section or time of his severance from
provision of the law shall not the service and is designed
to provide the employee
1051
with "the wherewithal during property and any records

the period that he is looking pertaining thereto may be
for another employment.” found, including "business
[Santos v. NLRC, GR L- enterprises and entities," —
76721. Sep. 21, 1987]. for the purpose of
preventing the destruction,
Septage. The sludge concealment or dissipation
produced on individual of, and otherwise conserving
onsite wastewater disposal and preserving, the same —
systems, principally septic until it can be determined,
tanks and cesspools. [Sec 4, through appropriate judicial
RA 9275]. proceedings, whether the
property was in truth "ill-
Septicemia. Blood poisoning. gotten," i.e., acquired
[Carillo v. People, GR 86890. through or as a result of
Jan. 21, 1994]. improper or illegal use of or
the conversion of funds
Septic tank. A water tight belonging to the
receptacle which receives Government or any of its
the discharge of a plumbing branches, instrumentalities,
system or part thereof, and enterprises, banks or
is designed to accomplish financial institutions, or by
the partial removal and taking undue advantage of
digestion of the suspended official position, authority,
solid matter in the sewage relationship, connection or
through a period of influence, resulting in unjust
detention. [Sec. 71, PD 856]. enrichment of the ostensible
owner and grave damage
Septic tank absorption bed and prejudice to the State.
or drain field. An [Bataan Shipyard Eng’g. Co.
underground system of pipes Inc. v. PCGG, GR 75885. May
leading from the outlet of 27, 1987].
the septic tank, consisting of
open-jointed or perforated Sequestration. 1. The
pipes so distributed that the seizure of private property or
effluent from a septic tank is assets in the hands of any
oxidized and absorbed by person or entity in order to
the soil. [Sec. 71, PD 856]. prevent the utilization,
transfer or conveyance of
Sequester ill-gotten the same for purposes
property. To place or cause inimical to national security,
to be placed under its or when necessary to protect
possession or control said the interest of the
property, or any building or Government or any of its
office wherein any such instrumentalities. It shall
1052
include the taking over and cause permanent disability

assumption of the to the patient. [Sec. 2, RA
management, control and 8344].
operation of the private
property or assets seized' Serious illegal detention.
[Reiterated in PD 1835 (Anti- Elements: (a) That the
Subversion Law of 1981, offender is a private
repealed by PD 1975 prom. individual; (b) that he
on May 2, 1985); Phil. Law kidnaps or detains another,
Dict., Moreno, 1982 Ed., pp. or in any manner deprives
568-569]. 2. The taking of the latter of his liberty; (c)
someone's property, that the act of detention is
voluntarily (by deposit) or illegal, not being ordered by
involuntarily (by seizure), by any competent authority nor
court officers or into the allowed by law; (d) that any
possession of a third party, of the following
awaiting the outcome of a circumstances is present:
trial in which ownership of (d.1) that the detention lasts
that property is at issue. for more than five (5) days;
[Duhaime's Legal Dict., or (d.2) that it is
2004]. See Judicial committed by simulating
deposit. public authority; or (d.3) that
any serious physical injuries
Series. Classes of positions in are inflicted upon the person
an occupational group with kidnapped or threats to kill
similar specialized lines work him shall have been made;
that differ in the difficulty of or (d.4) that the person
duties and responsibilities kidnapped or detained is a
and are assigned different minor, female, or a public
grades. [Sec. 3, PD 985]. officer. [People v. Mercado,
GR 65152, 30 Aug. 1984,
Serious. Important, weighty, 131 SCRA 501].
momentous, and not trifling.
[Buenaventura v. Benedicto, Serious injury. A significant
Adm. Case 137-J. Mar. 27, impairment in the position of
1971]. a domestic industry after
evaluation by competent
Serious case. A condition of authorities of all relevant
a patient characterized by factor of an objective and
gravity or danger wherein quantifiable nature having a
based on the objective bearing on the situation of
findings of a prudent medical the industry concerned, in
officer on duty for the day particular, the rate and
when left unattended to, amount of the increase in
may cause loss of life or imports of the products
1053
concerned in absolute and or the person injured shall

relative terms the share of have lost the use of speech
the domestic market take by or the power to hear or to
increased imports, change in smell, or shall have lost an
level of sales, production, eye, a hand, a foot, an arm,
productivity, capacity or a leg or shall have lost the
utilization, profit and losses, use of any such member, or
and employment. [Sec. 4, RA shall have become
8800]. incapacitated for the work in
which he was therefor
Seriously ill mothers. Those habitually engaged; or the
who are: with severe person injured shall have
infections; in shock; in become deformed, or shall
severe cardiac or respiratory have lost any other part of
distress; or dying; or those his body, or shall have lost
with other conditions that the use thereof, or shall
may be determined by the have been ill or
attending physician as incapacitated for the
serious. [Sec. 3, RA 7600]. performance of the work in
which he as habitually
Serious misconduct. engaged for a period of more
Misconduct of such a grave than ninety days; or if the
and aggravated character physical injuries inflicted
and not merely trivial or shall have caused the illness
unimportant. Such or incapacity for labor of the
misconduct, however injured person for more than
serious, must, nevertheless, thirty days. [Art. 263, RPC].
be in connection with the
employee's work to Service. Rem. Law. 1. The act
constitute just cause for his of providing a party with a
separation. [DOLE Manual, copy of the pleading or
Sec. 4343.01, cited in paper concerned. If any
Azucena, The Labor Code, party has appeared by
Vol. II, Rev. Ed., 1996, p. counsel, service upon him
662]. shall be made upon his
counsel or one of them,
Serious physical injuries. unless service upon the
Crim. Law. The felony party himself is ordered by
committed by any person the court. Where one
who shall wound, beat, or counsel appears for several
assault another, if in parties, he shall only be
consequence of the physical entitled to one copy of any
injuries inflicted, the injured paper served upon him by
person shall become insane, the opposite side. [Sec. 2,
imbecile, impotent, or blind; Rule 13, RoC]. 2. With
1054
respect to repair and service

firms, services supplied in Service contractor. Any
connection with a contact for person, partnership or
construction, maintenance, corporation duly licensed by
repair, processing, treatment the secretary to recruit
or cleaning of goods or of workers for its accredited
fixtures on land, or projects or contracts
distribution of goods, or overseas. [Sec. 2, RA 8042].
transportation of goods. [Art.
4, RA 7394]. 3. An act or Service contracts.
action, such as work Infrastructure contracts
rendered or performed for entered into by any
another. [Intl. Law Dict. & department, office or agency
Direct., 2004]. of the national government
with private entities and
Service and handling non-government
charge. A charge for organizations for services
expenses in procuring a loan related or incidental to the
which must be a reasonable functions and operations of
or fair compensation for the the department, office or
actual expense or loss agency concerned.
incurred or for the actual [Claridades, A., Compilation
services rendered. [Moreno’s of Notes, 2001-2006].
Law Dict., 2000 Ed., p. 431].
Service cooperative. One
Service by mail. Rem. Law. which engages in medical
Service by registered mail and dental care,
made by depositing the copy hospitalization,
in the office, in a sealed transportation, insurance,
envelope, plainly addressed housing, labor, electric light
to the party or his counsel at and power, communication
his office, if known, and other services. [Art. 23,
otherwise at his residence, if RA 6938].
known, with postage fully
pre-paid, and with Service enterprise. One
instructions to the engaged predominantly in
postmaster to return the the sale of services to
mail to the sender after ten individuals for their own or
(l0) days if undelivered. If no household use. [Sec. 1, PD
registry service is available 1634].
in the locality of either the
sender or the addressee, Service establishment. One
service may be done by primarily engaged in the sale
ordinary mail. [Sec. 7, Rule of service to individuals for
13, RoC]. their own or household use
1055
and is generally recognized [Intl. Law Dict. & Direct.,

as such. [Sec. 1, Rule 7, 2004].
Book 3, IRR of LC].
Service of process. The
Service fee. The amount delivery of writs,
charged by a licensee or summonses, and subpoenas
authority holder from its by delivering them to the
foreign employer- party named in the
principal/partner as payment document. Also referred to
for actual services rendered as Service. [Glossary of
in relation to the recruitment Legal Terms (Pro-Se), 2004].
and employment of workers
for said principal/partner. Service provider. A provider
[Sec. 1, Rule 1, IRR of LC]. of: I. Online services or
network access or the
Service incentive leave. A operator of facilities therefor
leave of five days with pay including entities offering
to which every employee the transmission, routing, or
who has rendered at least providing of connections for
one year of service shall be online communications,
entitled. [Art. 95, LC]. digital or otherwise, between
or among points specified by
Service mark. 1. A mark a user, of electronic
used in the sale or documents of the user's
advertising of services to choosing; or II. The
identify the services of one necessary technical means
person and distinguish them by which electronic
from the services of others documents of an originator
and includes without may be stored and made
limitation the marks, names, accessible to designated or
symbols, titles, designations, undesignated third party.
slogans, character names, [Sec. 5, RA 8792].
and distinctive features of
radio or other advertising. Servicer. The entity
[Art. 188, RPC]. 2. A mark or designated by the special
symbol used to identify a purpose entity (SPE) to
person who provides collect and record payments
services. [Intl. Law Dict. & received on the assets, to
Direct., 2004]. remit such collections to the
SPE, and perform such other
Service organization. An services as may be
intergovernmental specifically required by the
organization that carries on SPE, excluding asset
some particular program. management or

1056
administration. [Sec. 3, RA Direct., 2000]. See also

9267]. Easement.
Services. 1. Those services Set-off. A counterclaim

that are the subject of a demand which the
consumer transaction, either defendant holds against the
together with, or separate plaintiff, arising out of a
from any kind of personal transaction extrinsic of
property, whether tangible plaintiff’s cause of action. A
or intangible. [Art. 4, RA claim filed by a defendant
7394]. 2. The duties, work or against the plaintiff when
functions performed or sued and in which he seeks
discharged by a government to cancel the amount due
officer, or by a private from him or to recover an
person contracted by the amount in excess of the
government, as the case plaintiff’s claim against him.
may be. [Sec. 1, PD 426]. [Black’s Law Dict., Abr. 5th
Ed. (1983), p. 713].
Service sectors. Any parts of
the economy involving the Setting fire to property
performance of a service. exclusively owned by the
[Intl. Law Dict. & Direct., offender. The offense
2004]. committed if the property
burned shall be the
Services rendered under exclusive property of the
compulsion in payment of offender, or, if the arson
debt. Crim. Law. The felony shall have been committed
committed by any person for the purpose of
who, in order to require or defrauding or causing
enforce the payment of a damage to another, or,
debt, shall compel the prejudice shall actually have
debtor to work for him, been caused, or if the thing
against his will, as household burned shall have been a
servant or farm laborer. [Art. building in an inhabited
274, RPC]. place. [Art. 326, RPC].
Servient estate. The Settlement. An agreement

immovable which is subject between the parties
to the easement. [Art. 613, disposing of a lawsuit.
CC]. See Dominant estate. [Glossary of Legal Terms
(Pro-Se), 2004].
Servitude. From Lat.
servitudo: slavery. A right to Settlor. The person who sets
the use of another's up a trust. Also referred to
property. [Intl. Law Dict. &
1057
as Grantor. [Glossary of together with such

Legal Terms (Pro-Se), 2004]. groundwater, surface water
and storm water as maybe
Several obligation. One by present including such waste
which one individual binds from vessels, offshore
himself to perform the whole structures, other receptacles
obligation. [Ronquillo v. CA, intended to receive or retain
GR L-55138. Sep. 28, 1984, waste or other places or the
citing 39 Words & Phrases, combination thereof. [Sec 4,
Permanent Ed., p. 72]. RA 9275].
Severance. Labor. The Sewerage. Any system or

termination of contractual network of pipelines,
association (as ditches, channels, or
employment). [Marcopper conduits including pumping
Mining Corp. v. NLRC, GR stations, lift stations and
83207. Aug. 5, 1991, citing force mains, service
Webster's 3rd New Intl. Dict., connections including other
1969 Ed. p. 2081]. constructions, devices, and
appliances appurtenant
Severance pay. Labor. 1. An thereto, which includes the
allowance usually based on collection, transport,
length of service that is pumping and treatment of
payable to an employee on sewage to a point of
severance except usually in disposal. [Sec 4, RA 9275].
case of disciplinary
discharge. [Marcopper Sex impulse. Legal Med. An
Mining Corp. v. NLRC, GR irresistible desire to sexual
83207. Aug. 5, 1991, citing perversion. [Olarte, Legal
Webster's 3rd New Intl. Dict., Med., 1st Ed. (2004), p. 151].
1969 Ed. p. 2081]. 2.
Compensation due an Sex tourism. A program
employee upon the organized by travel and
severance of his tourism-related
employment status with the establishments and
employer. [Ibid, citing 48 individuals which consists of
Am. Jur. 2d., Labor and Labor tourism packages or
Relations 1242]. activities, utilizing and
offering escort and sexual
Sewage. Water-borne human services as enticement for
or animal wastes, excluding tourists. This includes sexual
oil or oil wastes, removed services and practices
from residences, building, offered during rest and
institutions, industrial and recreation periods for
commercial establishments
1058
members of the military. requirement for submission

[Sec. 3, RA 9208]. is accepted by the object of
RA 7877. [Sec. 3, RA 7877].
Sexual anaesthesia. Legal 2. A term used in human
Med. The absence of sexual rights legislation and
desire. [Olarte, Legal Med., referring primarily to
1st Ed. (2004), p. 115]. harassment in employment
situations, related to sex or
Sexual congress. Carnal gender, which detrimentally
knowledge. Sexual affects the working
intercourse. [Claridades, A., environment. The most overt
Compilation of Notes, 2001- variation of sexual
2006]. harassment is the quid pro
quo offer of work-favor in
Sexual exploitation. exchange for sexual favor.
Participation by a person in [Duhaime's Legal Dict.,
prostitution or the 2004].
production of pornographic
materials as a result of being Sexual intercourse. 1.
subjected to a threat, Carnal copulation of a male
deception, coercion, and a female usually
abduction, force, abuse of implying actual penetration
authority, debt bondage, of the organs of the former
fraud or through abuse of a and latter. [People v. Batis,
victim's vulnerability. [Sec. GR 94188-89. Dec. 17, 1992,
3, RA 9208]. citing Black's Law Dict., 4th
Ed., p. 1541]. 2. Penetration
Sexual harassment. 1. A of a man's penis into a
work, education or training- woman's vagina. [Duhaime's
related offense committed Legal Dict., 2004].
by an employer, employee,
manager, supervisor, agent Sexually transmitted
of the employer, teacher, diseases (STD). Any
instructor, professor, coach, disease that may be
trainor, or any other person acquired or passed on
who, having authority, through sexual contact.
influence or moral [Sec. 4, RA 8496].
ascendancy over another in
a work or training or Sexual relations. A single
education environment, sexual act which may or may
demands, requests or not result in the bearing of a
otherwise requires any common child. [Sec. 3, RA
sexual favor from the other, 9262].
regardless of whether the
demand, request or
1059
Sexual violence. An act operating to impose a duty

which is sexual in nature, which may be enforced,
committed against a woman particularly if public policy is
or her child. It includes, but in favor of this meaning or
is not limited to: a) rape, when public interest is
sexual harassment, acts of involved, or where the public
lasciviousness, treating a or persons have rights which
woman or her child as a sex ought to be exercised or
object, making demeaning enforced, unless a contrary
and sexually suggestive intent appears. [Perez v. CA,
remarks, physically GR 118870. Mar. 29, 1996].
attacking the sexual parts of
the victim's body, forcing Shallow tube well (STW). A
her/him to watch obscene tube or shaft vertically set
publications and indecent into the ground for the
shows or forcing the woman purpose of bringing ground
or her child to do indecent water to the soil surface
acts and/or make films from a depth of less than 20
thereof, forcing the wife and meters by suction lifting.
mistress/lover to live in the [Sec. 4, RA 8435].
conjugal home or sleep
together in the same room Sham. Something false or
with the abuser; b) acts empty purporting to be
causing or attempting to genuine. [Moreno’s Law
cause the victim to engage Dict., 2000 Ed., p. 433].
in any sexual activity by
force, threat of force, Shameless. An adjective
physical or other harm or which connotes having or
threat of physical or other showing no feeling of shame,
harm or coercion; c) modesty or decency; brazen
Prostituting the woman or or impudent. [Moreno’s Law
child. [Sec. 3, RA 9262]. Dict., 2000 Ed., p. 433].
Shabu. See Share. A portion of a

Methamphetamine company bought by a
hydrochloride or Poor transfer of cash in exchange
man's cocaine. for a certificate, the
certificate constituting proof
Shall. A word of command, of share ownership. Persons
and one which has always or owning shares in a company
which must be given a are called shareholders.
compulsory meaning, and-it There are two basic kinds of
is generally imperative or shares: common and
mandatory. It has the preferred. [Duhaime's Legal
invariable significance of Dict., 2004].
1060
Share cropper. (Leasehold) Share in escrow. Corp. Law.

Tenant. [Toledo v. Court of A share subject to an
Agrarian Relations, GR L- agreement by virtue of
16054. July 31, 1963]. which the share is deposited
by the grantor or his agent
Shared governance with a third person to be
agreement. Intl. Law. An kept by the depositary until
agreement by which two or the performance of a certain
more states share in the condition or the happening
governance of a territory. of a certain event contained
[Intl. Law Dict. & Direct., in the agreement. [De Leon,
2000]. Corp. Code of the Phil.
Annotated, 1989 Ed., p. 63,
Shareholder. 1. The term citing cannon v. Handley, 12
includes a member in an P. 315].
association, joint-stock
company, or insurance Share of stock. Corp. Law.
company. [Sec. 22, NIRC, as One of the proportionate
amended]. 2. The owner of a integers or units of the
share interest in a company. capital stock, and in the
[Intl. Law Dict. & Direct., interest or right which the
2004]. Also known as owner or holder thereof has
Stockholder. in the management of the
corporation and to share in
Shareholder agreement. A the profits and in the
contract between the property and assets thereof
shareholders of the company on dissolution, after
and the company itself, in payment of the corporate
which certain things, usually debts and obligations. [Diaz,
the purview of the board of Bus. Law Rev., 1991 Ed., p.
directors, are detailed. For 254]. See also Stock.
example, a shareholder
might be allowed to manage Share tenancy. The
the company, instead of a relationship which exists
board of directors. The whenever two persons agree
shareholder agreement will on a joint undertaking for
also, typically, control agricultural production
inflows to the company wherein one party furnishes
(purchase of shares), how the land and the other his
profits are to be distributed, labor, with either or both
dispute resolution and what contributing any one or
to do if a shareholder dies. several of the items of
[Duhaime's Legal Dict., production, the tenant
2004]. cultivating the land
1061
personally with the aid of Shari'a. Arabic.

labor available from Jurisprudence. 1. The term
members of his immediate has the meaning assigned to
farm household, and the it by Islamic law and
produce thereof to be jurisprudence as expounded
divided between the by authoritative sources; in
landholder and the tenant. the context of RA 6848, it is
[Sec. 166, RA 3844]. construed by reference to
pertinent Quranic ordinances
Share tenancy. Also and applicable rules in
Agricultural lease Islamic jurisprudence on
relationship. Elements: (a) business transactions. [Sec.
The parties are the 44, RA 6848]. 2. The Islamic
landowner and the tenant or legal system. It is based
agricultural lessee; (b) the upon principles found in the
subject matter of the Koran and related writings.
relationship is agricultural [Intl. Law Dict. & Direct.,
land; (c) there is consent 2004].
between the parties to the
relationship; (d) the purpose Shari'a District Courts and
of the relationship is to bring Shari'a Circuit Courts.
about agricultural Courts of limited jurisdiction
production; (e) there is created as part of the
personal cultivation on the judicial system to exercise
part of the tenant or powers and functions in
agricultural lessee, and (f) accordance with Title I, Book
the harvest is shared IV of PD 1083 or the "Code
between the landowner and of Muslim Personal Laws of
the tenant or agricultural the Philippines."
lessee. [Cuaño v. CA, GR
107159. Sep. 26, 1994]. Shelter-care institution. An
institution that provides
Share tenant. A person who, temporary protection and
himself and with the aid care to children requiring
available from within his emergency reception as a
immediate farm household, result of fortuitous events,
cultivates the land belonging abandonment by parents,
to or possessed by another, dangerous conditions of
with the latter's consent, for neglect or cruelty in the
purposes of production, home, being without adult
sharing the produce with the care because of crisis in the
landholder. [Delos Reyes v. family, or a court order
Espineli, GR L-28280-81. holding them as material
Nov. 28, 1969]. witnesses. [Art. 117, PD
603].
1062
Incidence of Taxation (1910),

Sheltered employment. The p. 1].
provision of productive work
for disabled persons through Ship. Any kind, class or type
workshops providing special of craft or artificial
facilities, income-producing contrivance capable of
projects or homework floating in water, designed to
schemes with a view to be used, or capable of being
giving them the opportunity used as a means of water
to earn a living thus enabling transport in the domestic
them to acquire a working trade for the carriage of
capacity required in open passengers or cargo, or
industry. [Sec. 4, RA 7277]. both, utilizing its own motive
power or that of another.
Shepardizing. Method for [Sec. 3, RA 9295]. See
finding subsequent Vessel.
development of a legal
theory by tracing status of a Ship agent. One who
case as legal authority. represents the ownership of
[Glossary of Legal Terms the vessel, and who may, in
(Pro-Se), 2004]. his own name and in such
capacity, take judicial and
Sheriff. The executive officer extrajudicial steps in matters
of a local court. [Jurist’s relating to commerce.
Legal Dict., 2004]. [Comm. of Int. Rev. v. US
Lines Co., GR L-16850. May
Sheriff’s return. An official 30, 1962, citing Art. 595,
statement by a public official Code of Commerce].
in the performance of a duty
especially enjoined by law Shipbuilder or Ship
and is prima facie evidence repairer. A citizen of the
of the facts therein stated. Philippines, or a commercial
[Moreno’s Law Dict., 2000 partnership owned by
Ed., p. 433]. majority of Filipinos or a
corporation incorporated
Shifting. The transfer of the under the laws of the
burden of a tax by the Philippines, the capital of
original payer or the one on which is owned or controlled
whom the tax was assessed in any proportion by Filipinos
or imposed to another or or by foreign nationals, or by
someone else. [De Leon, both such Filipinos or foreign
Fundamentals of Taxation, nationals, or by corporations
2000 Ed., p. 53, citing whether Filipino or foreign-
Seligman, The Shifting and owned, which is duly
authorized by the Maritime
1063
Industry Authority (MARINA) presentation of the original

to engage in the business of bill of lading by the
shipbuilding or ship repair or consignee or its assignee.
to otherwise operate a [Moreno’s Law Dict., 2000
shipyard, graving dock or Ed., p. 434].
marine repair yard. [Sec. 3,
RA 9295]. Ship repair. The overhaul,
refurbishment renovation
Shipbuilding. The design, improvement, or alteration
construction, launching and of the hull, machineries,
outfitting of all types of ships equipment, outfits and
and watercraft. [Sec. 3, RA components of all types of
9295]. ships. [Sec. 3, RA 9295].
Shipbuilding and dry- Shipyard. The shipbuilding or

docking. The construction re-pair facilities which have
of vessels, tugboats, barges, the capability to lift vessels
tankers, and all component above the waterline in order
parts related to the industry, to effect ship work on
including dredging and dry- vessels, appendages,
docking equipment. [Sec. 2, structure, machinery and
RA 4095]. equipment. [Sec. 3, RA
9295].
Ship mortgage decree of
1978. PD 1521 signed into Shore. That space alternately
law on June 11, 1978. covered and uncovered by
the movement of the tide. Its
Shipper. Any person, interior or terrestrial limit is
partnership or corporation the line reached by the
who shall procure for itself highest equinoctial tides.
the services of a domestic Where the tides are not
ship operator for the appreciable, the shore
carriage of its cargo in the begins on the land-side at
domestic trade upon the line reached by the sea
payment of proper during ordinary storms or
compensation. [Sec. 3, RA tempests. [Amada v. Dir. of
9295]. Lands, GR 6866. Aug. 31,
1912].
Shipper’s order. Terms in a
bill of lading which means Shortswing transaction.
that the cargo therein is Securities Law. A transaction
consigned only to the where a person buys
shipper or to its assignee. securities and sells or
Therefore, the goods can disposes of the same within
only be released upon a period of six (6) months.
1064
[Suggested Answer for the [Lim v. Pacquing, GR

1994 Bar, UPLC, (2002), p. 115044. Jan. 27, 1995].
108].
SID code. See Source
Short-term paper. Any note, identification code.
draft, bill of exchange, or
banker's acceptance payable Sideline. A local idiom which
on demand or having a means an “ancillary
maturity at the time of activity.” [De Guzman v. CA,
issuance of not exceeding GR L-47822. Dec. 22, 1988].
nine months, exclusive of
days of grace, or any Siga-siga. Tag. Tough
renewal thereof payable on characters. [People v. Peña,
demand or having a maturity GR L-36435. Dec. 20, 1977].
likewise limited; and such Also Maton.
other classes of securities, of
a commercial rather than an Signature. From Lat. signare:
investment character, as the to mark. The name of a
Securities and Exchange person written by that
Commission may designate person, or any distinctive
by rules and regulations. mark meant to authenticate
[Sec. 3, RA 2629]. a writing. [Intl. Law Dict. &
Direct., 2004].
Shutdown. Labor. The willful
act of the employer himself, Signature by
following a complete lock- "procuration". Nego. Inst.
out as contrasted to the It operates as notice that the
compulsory stoppage of agent has but a limited
operations as a result of a authority to sign, and the
strike and walkout. It can principal is bound only in
truly be said that all case the agent in so signing
shutdowns are lockouts, but acted within the actual limits
not all lockouts constitute or of his authority. [Sec. 21,
effect shutdowns. [Sta. Mesa NIL].
Slipways & Eng’g. Co., Inc. v.
CIR, GR L-4521. Aug. 18, Significant cave. A cave
1952, citing Rethenberg, which contains materials or
Labor Rel., pp. 58-59]. possesses features that have
Compare with Lockout. archaeological, cultural,
ecological, historical or
Sic utere tuo ut alienum scientific value as
non laedas. Lat. So use determined by the DENR in
your property as not to coordination with the
injure the property of others. scientific community and the
academe. [Sec. 3, RA 9072].
1065
Obviously, possession of any

Silent partner. A person who firearm is unlawful if the
invests in a company or necessary permit and/or
partnership but does not license therefor is not first
take part in administering or obtained. To that act is
directing the organization; attached the penalty of
he just shares in the profits reclusion temporal,
or losses. [Duhaime's Legal maximum, to reclusion
Dict., 2004]. perpetua. The gravamen of
the offense in its simplest
Silviculture. The form is, basically, the fact of
establishment, development possession of a firearm
reproduction and care of without license. [People v.
forest trees. [Sec. 3, PD Caling, GR 94784. May 8,
705]. 1992]. Compare with
Aggravated illegal
Simbolica, traditio. See possession of firearm..
Traditio simbolica.
Simple illegal possession
Simple annual rate. The of firearm, ammunition or
uniform percentage which explosive. Illegal
represents the ratio, on an possession of firearm,
annual basis, between the ammunition or explosive
finance charges and the where no other offense is
amount to be financed. It is committed with the use of
not the measure of the total such firearm, ammunition or
amount that is allowed to be explosive. [Sec. 1, PD 1745].
added to the cash price.
[Emata v. IAC, GR 72714. Simple imprudence. It
June 29, 1989]. consists in the lack of
precaution displayed in
Simple donation. One the those cases in which the
cause of which is pure damage impending to be
liberality (no strings caused is not immediate nor
attached). [De Luna v. the danger clearly manifest.
Abrigo, GR 57455. Jan. 18, [Art. 365, RPC].
1990]. Compare with
Remuneratory donation Simple interest. That which
or Onerous donation. is paid for the principal or
sum lent, at a certain rate or
Simple illegal possession. allowance, made by law or
The sole, simple act of a agreement of parties.
person who shall, among [Martin, Commentaries and
others, unlawfully possess Jurisp. on Comml. Laws, Vol.
any firearm (or) ammunition. 1, 1988 Rev. Ed., p. 415].
1066
Compare with Compound domestic and foreign affairs

interest. is placed in a central
authority. An example is the
Simple loan or mutuum. Philippines. [Cruz, Intl. Law
Money or other consumable Reviewer, 1996 Ed., p. 12].
thing, delivered by one of Compare with Composite
the parties to another, upon state.
the condition that the same
amount of the same kind Simple substitution. Also
and quality shall be paid. common or vulgar
[Art. 1933, CC]. substitution. The
designation by the testator
Simple negligence. A mere of one or more persons to
lack of prevision in a substitute the heir or heirs
situation where either the instituted in case such heir
threatened harm is not or heirs should die before
immediate or the danger not him, or should not wish, or
openly visible. [People v. should be incapacitated to
Vistan, 42 Phil. 112-113 accept the inheritance. [Art.
(1921)]. 859, CC].
Simple Resolution. A formal Simplified net income

motion passed by a majority taxation. A tax scheme for
of a single legislative the self-employed and
chamber. Examples: professionals engaged in the
Resolution to extend practice of their profession
sympathy on the death of a under the NIRC. [RA 7496].
member; Resolution to
express thanks to anyone; Simulated marriage. A
Resolution to create a marriage lacking the
committee. [Suarez, Stat. essential elements which,
Con., (1993), p. 59]. before the eyes of the law, is
not a marriage at all.
Simple seduction. The [Moreno’s Law Dict., 2000
seduction of a woman who is Ed., p. 435].
single or a widow of good
reputation, over twelve but Simulation. 1. Assumption of
under eighteen years of age, appearance which is feigned,
committed by means of false, deceptive, or
deceit. [Art. 338, RPC]. counterfeit. [Black’s Law
Compare with Qualified Dict., Abr. 5th Ed. (1983), p.
seduction. 720]. 2. Simulation may be
absolute or relative. [Art.
Simple state. Intl. Law. A 1345, CC]. See Absolute
state where the direction of
1067
simulation and Relative to cause such child to lose

simulation. its civil status, or any
physician or surgeon or
Simulation of a contract. public officer who, in
The fact that the apparent violation of the duties of his
contract is not really desired profession or office, shall
or intended to produce legal cooperate in the execution
effects or in any way alter of any of the foregoing
the juridical situation of the crimes. [Art. 347, RPC].
parties. Thus, where a
person, in order to place his Sine animo revertendi. Lat.
property beyond the reach Without any intention of
of his creditors, simulates a returning. [Erlanger &
transfer of it to another, he Galinger v. Swedish East
does not really intend to Asiatic Co., GR 10051. Mar.
divest himself of his title and 9, 1916].
control of the property;
hence, the deed of transfer Sine die. Lat. Adjourned
is but a sham. [Felix Vda. De without giving any future
Rodriguez v. Rodriguez, GR date of meeting or hearing.
L-23002. July 31, 1967]. A court that adjourns sine
die essentially dismisses the
Simulation of birth. The case by saying that it never
tampering of the civil wants to hear the case
registry making it appear in again! A meeting which
the birth records that a adjourns sine die has simply
certain child was born to a not set a date for it's next
person who is not his/her meeting. [Duhaime's Legal
biological mother, causing Dict., 2004].
such child to lose his/her
true identity and status. Sine spe recuperandi. Lat.
[Sec. 3, RA 8552]. Without any hope of
recovering. [Erlanger &
Simulation of births, Galinger v. Swedish East
substitution of one child Asiatic Co., GR 10051. Mar.
for another and 9, 1916].
concealment or
abandonment of a Singapore import parity
legitimate child. Crim. (SIP). The deemed landed
Law. The felony committed cost of a petroleum product
by any person who shall imported from Singapore at
simulate births, substitute a free-on-board price equal
one child for another, or to the average Singapore
conceal or abandon any Posting for that product at
legitimate child with intent
1068
the time of loading. [Sec. 4, constitutes but one larceny.

RA 8479]. [Defensor-Santiago v.
Garchitorena, GR 109266.
Singapore posting. The Dec. 2, 1993].
price of petroleum products
periodically posted by oil Single renvoi. The referral
refineries in Singapore and by the forum court to the
reported by independent conflict rules of a foreign
international publications. state, but not to that state's
[Sec. 4, RA 8479]. renvoi rules. This may result
in a reference back to the
Single cab chassis. A motor forum's domestic law
vehicle with complete engine (remission) or a reference to
power train and chassis the domestic law of a third
equipped with a cab that has state (transmission). [Tetley,
a maximum of two (2) doors Glossary of Conflict of Laws,
and only (1) row of seats. 2004].
[RA 9224].
Sin perjuicio decision. Rem.
Single-family attached. A Law. A decision which does
dwelling containing two or not contain a statement of
more separate living units the facts which are essential
each of which is separated to a clear understanding of
from another by party or lot the issues presented by the
lines walls and provided with respective parties as to the
independent access, facts involved. [Dir. of Lands
services, and use of land. v. Sanz, 45 Phil. 117, 121
Such dwellings shall include (1923)].
duplexes, row houses or
terraces, and cluster Site description location.
housing. [Sec. 3, BP 220]. The exact location of the
property being appraised
Single-family detached. A situated in a certain locality
dwelling for one family which by way of the technical
is completely surrounded by descriptions on the land title
permanent open spaces, (TCT) aside from the address
with independent access, mentioned where it is
services, and use of land. situated. [Memo. from the
[Sec. 3, BP 220]. Exec. Sec. dated Aug. 20,
1998].
Single larceny doctrine.
The taking of several things, Situation. Intl. Law. The
whether belonging to the initial stage of a dispute
same or different owners, at where the disagreement has
the same time and place not yet ripened into an
1069
actual conflict or where the

issues have not yet been Skill. The acquired and
sufficiently formulated and practiced ability to carry out
defined. [Cruz, Intl. Law a task or job. [Sec. 4, RA
Reviewer, 1996 Ed., p. 119]. 7796].
Situs of taxation. It literally Skills development. The

means a place of taxation; process through which
the country that has the learners and workers are
power and jurisdiction to systematically provided with
levy and collect the tax. learning opportunities to
[Teodoro & De Leon, Law on acquire or upgrade, or both,
Income Taxation, 11th Ed. their ability, knowledge and
(2001), p. 7]. behavior pattern required as
qualifications for a job or
Situs rule. See Source rule. range of jobs in a given
occupational area. [Sec. 4,
Situs theory. Also Eclectic RA 7796].
theory. The capacity, legal
condition, or status of an Skills standards. A level or
individual should be graduated levels of
governed not necessarily by proficiency generally
the law of his nationality but accepted by industry in
by the law of the place specific jobs, tasks, trades or
(situs) where an important occupations. [Sec. 1, Rule 1,
element of the problem Book 2, IRR of LC].
occurs or is situated. [Paras,
Phil. Conflict of Laws, 8th Ed. Sky rocket. Also called
(1996), p. 209]. Kwitis. A large version of a
baby rocket designed to be
Sixty (60) day freedom propelled to a height of forty
period. Labor. The last sixty (40) to fifty (50) feet before
(60) days of the collective exploding. [Sec. 2, RA 7183].
bargaining agreement (CBA)
during which a petition for Slander. 1. The speaking of
the conduct of a certification base and defamatory words
election may be filed by a which tend to prejudice
legitimate labor another in his reputation,
organization. Any petition office, trade, business or
filed before or after the means of livelihood. [Victorio
sixty-day freedom period v. CA, GR 32836-37. May 31,
shall be dismissed outright. 1989, citing 33 Am. Jur. 39].
[Sec. 6, Rule V of LC]. 2. Spoken defamation which
tends to injure a person's
SK. Sangguniang Kabataan. reputation. [Glossary of
1070
Legal Terms (Pro-Se), without the attendance of

2004]. See Libel or Oral any of circumstances
defamation. enumerated therein, or by
anyone who shall furnish the
Slander by deed. Crim. Law. place for the perpetration of
The felony committed by any the crime, or by the offender
person who shall perform who shall voluntarily release
any act not included and the person so kidnapped or
punished in Title 13 of the detained within three days
Rev. Penal Code, which shall from the commencement of
cast dishonor, discredit or the detention, without
contempt upon another having attained the purpose
person, or even if said act is intended, and before the
not of a serious nature. [Art. institution of criminal
359, RPC]. proceedings against him.
[Art. 268, RPC].
Slavery. Crim. Law. 1. The
felony committed by anyone Slight physical injuries.
who shall purchase, sell, Crim. Law. The felony
kidnap or detain a human committed when the
being for the purpose of offender has inflicted
enslaving him, or for the physical injuries which shall
purpose of assigning the incapacitate the offended
offended party to some party for labor from one to
immoral traffic. [Art. 272, nine days, or shall require
RPC]. 2. When a person medical attendance during
(called "master") has the same period, or when
absolute power over another the offender has caused
(called "slave") including life physical injuries which do
and liberty. The slave has no not prevent the offended
freedom of action except party from engaging in his
within limits set by the habitual work nor require
master. The slave is medical assistance. [Art.
considered to be the 266, RPC].
property of the master and
can be sold, given away or Slow ahead. A maritime
killed. [Duhaime's Legal maneuver equivalent to five
Dict., 2004]. to six miles per hour.
Slight illegal detention. Ed., p. 437].
committed by any private Slowdown. Labor. A strike on
individual who shall commit the installment plan. A willful
the crimes described in Art. reduction in the rate of work
267 of the Rev. Penal Code by concerted action of
1071
workers for the purpose of additional places or

restricting the output of the properties covered under the
employer, in relation to a said law.
labor dispute; as an activity
by which workers, without a Slum Improvement and Re-
complete stoppage of work, settlement Program (or
retard production or their SIR). The program of the
performance of duties and National Housing Authority
functions to compel (NHA) of upgrading and
management to grant their improving blighted squatter
demands. [Ilaw at Buklod ng areas outside of Metro
Manggagawa v. NLRC, GR Manila pursuant to existing
91980. June 27, 1991]. statutes and pertinent
executive issuances. [Sec. 3,
Sludge. Any solid, semi-solid RA 7279].
or liquid waste or residue
generated from a Small agricultural
wastewater treatment plant, producer. Any self-
water supply treatment employed individual who, by
plant, or water control himself or with his family,
pollution facility, or any provides the primary labor
other such waste having requirement of his business
similar characteristics and enterprise or one who earns
effects. [Sec 4, RA 9275]. at least fifty percent (50%)
of his gross income from the
Sluice box. A rectangular, payment, proceeds or
wooden launder provided income of the labor he
with side walls and cross provides. [Sec. 4, RA 7607].
pieces of sawn lumber or
round poles, metallic screen Small and medium
jute cloth or a combination enterprise (SME). Any
of both, on its floor to retain business activity or
gold. [Sec. 12, PD 1150]. enterprise engaged in
industry, agribusiness and/or
Sluicing. Recovering gold by services, whether single
the use of sluice boxes. [Sec. proprietorship, cooperative,
12, PD 1150]. partnership or corporation
whose total assets, inclusive
Slum community. Also of those arising from loans
Depressed community. but exclusive of the land on
The term referred to in P.D. which the particular business
2016 cannot be considered entity's office, plant and
additional beneficiaries of equipment are situated,
the Urban Land Reform Law must have value falling
(PD 1517) but merely under the following
1072
categories: Micro: not more property consists of

than P1,500,000; Small: residential lands not
P1,500,001 to P15,000,000; exceeding three hundred
and Medium: P15,000,001 to square meters (300 sq. m.)
P60,000,000. [Sec. 4, RA in highly urbanized cities
8435]. and eight hundred square
meters (800 sq. m.) in other
Small cattle. Also known as urban areas. [Sec. 3, RA
Ganado lanar y cabrio. 7279].
The terms lanar and cabrio
refer to sheep and goats, Small savers instrument
respectively. [[People v. (SSI). An evidence of
Nazareno, GR L-40037. Apr. indebtedness of the
30, 1976, citing Velasquez, Government of the Republic
Spanish and English Dict., of the Philippines which shall
1967 Ed., p. 124, 354, 421 be in small denominations
and 115]. and sold at a discount from
its redemption value,
Small farmers. Natural payable to bearer and
persons dependent on small- redeemable on demand
scale subsistence farming as according to a schedule
their primary source of printed on the instrument,
income and whose sale, with a discount lower than
barter or exchange of the full stated rate if not held
agricultural products do not to maturity. The resources
exceed a gross value generated under this
P180,000 per annum based scheme shall be used
on 1992 constant prices. primarily for micro-credit for
[Sec. 4, RA 7607]. the poor. SSIs are not
eligible as legal reserve of
Small farmers and banks and legal reserves
fisherfolk. Natural persons prescribed of insurance
dependent on small-scale companies operating in the
subsistence farming and Philippines. [Sec. 3, RA
fishing activities as their 8425].
primary source of income.
[Sec. 4, RA 8435]. Small-scale fishing. See
Municipal fishing.
Smallholder farmer. A
farmer owning or cultivating Small-scale mining. Mining
five (5) hectares or less of activities which rely heavily
farmland. [Sec. 3, RA 7307]. on manual labor using
simple implement and
Small property owners. methods and do not use
Those whose only real explosives or heavy mining
1073
equipment. [Sec. 3. RA institutions, whether legal,

7076]. economic, cultural,
recreational or other, any
Small-scale mining human group, community, or
contract. Co-production, society which limit the fullest
joint venture or mineral possible participation of
production sharing disabled persons in the life
agreement between the of the group. Social barriers
State and a small-scale include negative attitudes
mining contractor for the which tend to single out and
small-scale utilization of a exclude disabled persons
plot of mineral land. [Sec. 3. and which distort roles and
RA 7076]. inter-personal relationships.
[Sec. 4, RA 7277].
Small-scale mining
contractor. An individual or Socialized and economic
a cooperative of small-scale housing. A type of housing
miners, registered with the project provided to
SEC or other appropriate moderately low income
government agency, which families with lower interest
has entered into an rates and longer
agreement with the State for amortization periods. [Sec.
the small-scale utilization of 3, BP 220].
a plot of mineral land within
a people's small-scale Socialized housing. Housing
mining area. [Sec. 3. RA pro-grams and projects
7076]. covering houses and lots or
homelots only undertaken by
Smelting. Melting or fusing of the Government or the
metallic ores or compounds private sector for the
so as to separate impurities underprivileged and
from pure metals. [Sec. 3, homeless citizens which
PD 1185]. shall include sites and
services development, long-
Smoking. The act of carrying term financing, liberalized
a lighted cigarette or other terms on interest payments,
tobacco products, whether and such other benefits in
or not it is being inhale or accordance with the
smoked. [Sec. 4, RA 9211]. provisions of the law. [Sec.
3, RA 7279].
SNITS. Simplified net income
taxation scheme. Social justice. It is “neither
communism, nor despotism,
Social barriers. The nor atomism, nor anarchy,
characteristics of but the humanization of laws
1074
and the equalization of social the greatest number.”

and economic forces by the [Justice Laurel in Calalang v.
State so that justice in its Williams, 70 Phil., 726].
rational and objectively
secular conception may at Social legislation. Laws that
least be approximated. pro-vide particular kinds of
Social justice means the protection or benefits to
promotion of the welfare of society or segments thereof
all the people, the adoption in furtherance of social
by the Government of justice. [Azucena, The Labor
measures calculated to Code with Comments and
insure economic stability of Cases, Vol. 1, 4th Ed. 1999, p.
all the component elements 8].
of society, through the
maintenance of a proper Social reform. The
economic and social continuing process of
equilibrium in the addressing the basic
interrelations of the inequities in Filipino society
members of the community, through a systematic, unified
constitutionally, through the and coordinated delivery of
adoption of measures legally socio-economic programs or
justifiable, or extra- packages. [Sec. 3, RA 8425].
constitutionally, through the
exercise of powers Social Reform and Poverty
underlying the existence of Alleviation Act. RA 8425
all governments on the time- entitled “An Act
honored principle of salus institutionalizing the social
populi est suprema lex. reform and poverty
Social justice, therefore, alleviation program, creating
must be founded on the for the purpose the National
recognition of the necessity Anti-Poverty Commission,
of interdependence among defining its powers and
divers and diverse units of a functions, and for other
society and of the protection purposes” enacted on Dec.
that should be equally and 11, 1997.
evenly extended to all
groups as a combined force Social Security Act of
in our social and economic 1987. RA 8282 entitled “An
life, consistent with the Act further strengthening the
fundamental and paramount Social Security System
objective of the state of thereby amending for this
promoting the health, purpose Republic Act No.
comfort, and quiet of all 1161, as amended,
persons, and of bringing otherwise known as the
about 'the greatest good to
1075
Social Security Law” enacted possesses the skill to

on May 1, 1997. achieve the objectives as
defined and set by the social
Social Security System work profession, through the
(SSS). The Social Security use of the basic methods
System created under RA and techniques of social
1161, as amended. [Sec. 1, work (casework, group work,
RA 9241]. and community
organization) which are
Social work. The profession designed to enable
which is primarily concerned individuals, groups and
with organized social service communities to meet their
activity aimed to facilitate needs and to solve the
and strengthen basic social problems of adjustment to a
relationships and the mutual changing pattern of society
adjustment between and, through coordinated
individuals and their social action, to improved
environment for the good of economic and social
the individual and of society. conditions, and is connected
[Sec. 1, RA 4373]. with an organized social
work agency which is
Social work agency. A supported partially or wholly
person, corporation or from government or
organization, private or community solicited funds.
governmental, that engages [Sec. 1, RA 4373].
mainly and generally, or
represents itself to engage Sociedad anonima. Sp.
in social welfare work, Anonymous partnership.
whether casework, group [Reyes v. Compañia
work, or community work, Maritima, GR 1133. Mar. 29,
and obtains its finances, 1904].
either totally or in part, from
any agency or Socio-culturally sound. The
instrumentality of the consideration of the social
government and/or from the structure of the community
community by direct or such as leadership pattern,
indirect solicitations and/or distribution of roles across
fund drives, and/or private gender and age groups, the
endowment. [Sec. 1, RA diversity of religion and
4373]. other spiritual beliefs,
ethnicity and cultural
Social worker. A practitioner diversity of the population.
who by accepted academic [Sec. 4, RA 8435].
training and social work
professional experience
1076
Sodomy. 1. Anal copulation

by sexual deviants or Solicitor General. The
copulation with a beast. principal law officer and
[Olarte, Legal Med., 1st Ed. legal defender of the
(2004), p. 117]. 2. Unnatural (Philippine) Government.
sex acts, including [Sec. 34, Chap. 12, EO 292].
copulation, either between
two persons of the same sex Solidary. Jointly and/or
or between a person and an severally; individually and/or
animal (the latter act is collectively; in solidum.
known as bestiality). [Diaz, Bus. Law Rev., 1991
[Duhaime's Legal Dict., Ed., p. 26].
2004].
Solidary co-debtors.
Solar month. See Civil Debtors either of whom is
month. indispensable and are not
even indispensable parties
Solemn contracts. Contracts because complete relief may
which the law itself requires be obtained from either.
to be in some particular form Compare with Joint debtor.
(writing) in order to make
them valid and enforceable. Solidary or joint and
[Dauden-Hernaez v. Delos several obligation. An
Angeles, GR L-27010. Apr. obligation in which each
30, 1969]. debtor is liable for the entire
obligation, and each creditor
Sole practitioners. The term is entitled to demand the
lawyers who practice alone whole obligation. [Inciong v.
are often called. [Cayetano CA, GR 96405. June 26,
v. Monsod, GR 100113. Sep. 1996, citing Tolentino, Civil
3, 1991]. Code of the Phil., Vol. IV,
1991, Ed., p. 217]. Compare
Solicitation Permit Law. PD with Joint obligation.
1564 entitled “Amending Act
No. 4075, otherwise known Solo parent. Any individual
as the Solicitation Permit who falls under any of the
Law” signed into law on June following categories: (a) A
11, 1978. woman who gives birth as a
result of rape and other
Solicitor. A lawyer that crimes against chastity even
restricts his practice to the without a final conviction of
giving of legal advice and the offender: Provided, That
does not normally litigate. the mother keeps and raises
[Duhaime's Legal Dict., the child; (b) parent left solo
2004]. or alone with the
1077
responsibility of parenthood member who assumes the

due to death of spouse; (c) responsibility of head of
parent left solo or alone with family as a result of the
the responsibility of death, abandonment,
parenthood while the spouse disappearance or prolonged
is detained or is serving absence of the parents or
sentence for a criminal solo parent. [Sec. 3, RA
conviction for at least one 8972].
(1) year; (d) parent left solo
or alone with the Solutio indebiti. 1. A civil
responsibility of parenthood law concept whereby the
due to physical and/or obligation to return
mental incapacity of spouse something arises if it was
as certified by a public received when there is no
medical practitioner; (e) right to demand it, and it
parent left solo or alone with was unduly delivered
the responsibility of through mistake. [Art. 2154,
parenthood due to legal CC]. 2. A tie or juridical
separation or de facto relation which, by virtue of a
separation from spouse for payment of what is not due,
at least one (1) year, as long made through mistake, is
as he/she is entrusted with created between the person
the custody of the children; who paid and the one who
(f) parent left solo or alone received the payment,
with the responsibility of compelling the latter in
parenthood due to consequence thereof, to
declaration of nullity or return what he has received.
annulment of marriage as [Torres, Oblig. & Cont., 2000
decreed by a court or by a Ed., p. 291, citing 12
church as long as he/she is Manresa, p. 588]. 3. It is one
entrusted with the custody of the concrete
of the children; (g) parent manifestations of the ancient
left solo or alone with the principle that no one shall
responsibility of parenthood unjustly enrich himself at the
due to abandonment of expense of another. [Velez v.
spouse for at least one (1) Balzara, 73 Phil. 630].
year; (h) unmarried
mother/father who has Solutio indebiti. Requisites:
preferred to keep and rear (a) That something has been
her/his child/children instead received when there was no
of having others care for right to demand it and (b)
them or give them up to a the same was unduly
welfare institution; (i) any delivered through mistake.
other person who solely [PNB v. CA, GR 97995. Jan.
provides parental care and 21, 1993].
1078
performance or of other
Solvency. Ability to pay debts sounds, or representation of
as they mature. Ability to sound, other than in the
pay debts in the usual and form of a fixation
ordinary course of business. incorporated in a
Excess of assets over cinematographic or other
liabilities. [Black’s Law Dict., audiovisual work. [Sec. 202,
Abr. 5th Ed. (1983), p. 723]. RA 8293].
Solvent bank. One in which Sound value. Also Net

its assets exceed its appraised value. The value
liabilities. [Banco Filipino per appraisal computed by
Savings and Mortgage Bank deducting observed
v. The Monetary Board, GR depreciation from appraised
70054. Dec. 11, 1991]. value. [RCPI v. Natl. Wages
Council, GR 93044. Mar. 26,
SONA. State of the Nation 1992].
Address.
Source. The word conveys
So ordered. The phrase only one idea, that of origin.
which court decisions [Manila Gas Corp. v. Coll. Of
generally contain. A Int. Rev., GR 42780. Jan. 17,
decision, however, is valid 1936].
and binding when it clearly
and distinctly states the Source identification code
findings of facts and (SID code). A system of
conclusions of law on which codes to identify the source
it is based. The phrase "so of all optical media
can very well be omitted in a mastered, manufactured or
decision without affecting its replicated by any
integrity and validity. [Nillo establishment or entity.
v. CA, GR 54079. June 29, [Sec. 3, RA 9239].
1989].
Source of an income. The
Sorcery. The use of power property, activity or service
gained from the assistance that produced the income.
or control of evil spirits, [Howden and Co., Ltd. v.
especially for divining; Coll. of Int. Rev., 13 SCRA
divination by black magic; 601 (1965)].
necromancy; witchcraft.
[People v. Sario, GR L-20754 Source rule. Also Situs rule.
& L-20759. June 30, 1966]. Taxation of taxable items by
the country of source or
Sound recording. The location. [Comm. of Int. Rev.
fixation of the sounds of a v. Procter & Gamble Phil., GR
1079
66838. Dec. 2, 1991]. classical or absolute theory,

Compare with Domiciliary a sovereign cannot, without
or nationality principle. its consent, be made a
respondent in the courts of
Sovereign. It has two another sovereign. [USA v.
meanings. The first one is a Ruiz, 136 SCRA 487 (1987)].
technical word for the
monarch (king or queen) of a Sovereign immunity,
particular country as in "the newer or restrictive
Sovereign of England is theory of. According to the
Queen Elizabeth." The other newer or restrictive theory,
meaning of the word is to the immunity of the
describe the supreme sovereign is recognized only
legislative powers of a state: with regard to public acts or
that they are totally acts jure imperii of a state,
independent and free from but not with regard to
any outside political control private acts or acts jure
or authority over their gestionis. [USA v. Ruiz, 136
decisions. [Duhaime's Legal SCRA 487 (1987)].
Dict., 2004].
Sovereign or state
Sovereign equality of immunity. Doctrine that
states principle. Under the municipal courts must
principle, one state cannot decline to hear suits against
assert jurisdiction over foreign sovereigns. [Intl. Law
another in violation of the Dict. & Direct., 2004].
maxim par in parem non
habet imperium (an equal Sovereignty. Pol. Law. The
has no power over an equal). right to exercise the
[Jusmag v. NLRC, GR functions of a State to the
108813. Dec. 15, 1994, exclusion of any other State.
citing Cruz, Phil. Pol. Law, It is often referred to as the
1991 Ed., p. 29]. power of imperium, which is
defined as the government
Sovereign immunity. The authority possessed by the
doctrine that the State. On the other hand,
government, state or dominion, or dominium, is
federal, is immune to lawsuit the capacity of the State to
unless it give its consent. own or acquire property
[Glossary of Legal Terms such as lands and natural
(Pro-Se), 2004]. resources. [Separate
Opinion, Kapunan, J., in Cruz
Sovereign immunity, v. Sec. of DENR, GR 135385,
classical or absolute Dec. 6, 2000].
theory of. According to the
1080
Sovereignty of the skies Spare parts. 1. The

principle. Intl. Law. replacement parts or
Assertion made by states components of vessel,
that they have complete and including but not limited to
exclusive sovereignty over its hull, engines,
the airspace above their machineries, equipment,
territories. [Intl. Law Dict. & appurtenances, necessaries
Direct., 2004]. accessories, article, supplies,
materials, steel plates,
Sower in bad faith. A sower aluminum plates, other
who sows knowing that the metal plates,
land does not belong to him communications, equipment,
and that he has no right to and other parts or
sow thereon. [Moreno’s Law components thereof,
Dict., 2000 Ed., p. 439]. installed abroad the ships
necessary for its safe and
Spaghetti. A variety of efficient navigation and
alimentary paste made in operation. [Sec. 3, RA 9295].
cords of small diameter but 2. Also Manufactured
larger than vermicelli and components. Any article
solid (not tubular as in designed or manufactured
macaroni). [Farm Implement for the special purpose of
Machinery Co. v. Comm. of being used or to replace, a
Customs, GR L-12613. May component or integral part
30, 1962, citing Webster's of a machine, equipment,
Intl. Dict.]. vehicle or industrial plant
and which by reason of some
Spanish Crown titles. Titles characteristics is generally
granted by the Spanish classified as capital goods
Crown are: (a) the titulo real and, is primarily adapted for
or royal grant, (b) the use a component part of
concession special or special such machines, equipment,
grant; (c) the "the vehicles or industrial plant,
composicion con el estado" as may be allowed by any
title or adjustment title; (d) implementing rules and
the titulo de compra or title regulations. [Sec. 12, PD
by purchase and (e) the 1419]. 3. Metallic parts
informacion possessoria or exclusively for railroad
possessory information title rolling stocks, irrigation and
which could become a "titulo waterworks equipment,
gratuito" or a gratuitous mining equipment, farm
title. [Dir. of Forestry v. machineries, gasoline and
Muñoz, GR L-25459. June 28, diesel engines. [Sec. 2, RA
1968]. 4095].

1081
Sparklers. Pyrotechnic executor or general

devices usually made of administrator is appointed.
black powder on a piece of [Jones v. Minnesota Transfer
wire or inside a paper tube R. Co. 1965 ed., at 106 cited
designed to light up and in Fule v. CA, 74 SCRA 189].
glow after igniting. [Sec. 2,
RA 7183]. Special agency. An agency
that comprises all the
Sparrow unit. The liquidation business of the principal.
squad of the New People's [Art. 1876, CC]. Compare
Army with the objective of with General agency.
overthrowing the duly
constituted government. Special agent. A public
[People v. Dasig, GR 100231. official, who must not only
Apr. 28, 1993]. be specially commissioned
to do a particular task but
Special. Designed for a that such task must be
particular purpose; confined foreign to said official's usual
to a particular purpose, governmental functions. A
object, person, or class and private individual
is, therefore, the antonym of commissioned by the
general. [Rep. v. Asuncion, government for a special
GR 108208. Mar. 11, 1994, governmental task.
citing Black's Law Dict. 1397 [Fontanilla v. Maliaman, GR
(6th Ed., 1990)]. 55963. Dec. 1, 1989].
Special administrator. 1. Special appropriations bill.

The person appointed by the A bill (in Congress) which
court, when there is delay in specifies the purpose for
granting letters which it is intended, and is
testamentary or of supported by funds actually
administration by any cause available as certified by the
including an appeal from the National Treasurer, or to be
allowance or disallowance of raised by a corresponding
a will, to take possession revenue proposed therein.
and charge of the estate of [Sec. 25(4), Art. VI, 1987
the deceased until the Const.]. Compare with
questions causing the delay General appropriations
are decided and executors or bill.
administrators appointed.
[Sec. 1, Rule 80, RoC]. 2. The Special assessment.
representative of decedent Taxation. An enforced
appointed by the probate proportional contribution
court to care for and from owners of lands
preserve his estate until an especially or peculiarly
1082
benefited by public and return in kind (the same

improvements. [De Leon, kind). Title to the thing
Fundamentals of Taxation, deposited remains in the
2000 Ed., p. 16]. depositor, and the bank
becomes his agent, bailee,
Special crossed check. A or trustee. [Moreno’s Law
check on which are placed Dict., 2000 Ed., p. 440].
two parallel lines diagonally
on the left top portion of the Special Economic Zone Act
check and between such of 1995, The. RA 7916
lines is written the name of a entitled “An Act providing for
bank or a business the legal framework and
institution, in which case the mechanisms for the creation,
drawee should pay only with operation, administration,
the intervention of that bank and coordination of special
or company. [State economic zones in the
Investment House v. IAC, GR Philippines, creating for this
72764. July 13, 1989]. purpose, the Philippine
Compare with General Economic Zone Authority
crossed check. (PEZA), and for other
purposes” enacted on Feb.
Special crossing. The 24, 1995.
crossing of a check where
the name of a bank or a Special economic zones
business institution is written (SEZ). Selected areas with
between the two parallel highly developed or which
lines, which means that the have the potential to be
drawee should pay only with developed into agro-
the intervention of that industrial, industrial, tourist/
company. [Associated Bank recreational, commercial,
v. CA, GR 89802. May 7, banking, investment and
1992]. Compare with financial centers. An
General crossing. Ecozone may contain any or
all of the following: industrial
Special day. A special estates (IEs), export
holiday, as provided by the processing zones (EPZs),
Administrative Code of 1987. free trade zones, and
[Associated Labor Unions tourist/recreational centers.
(ALU)-TUCP v. Letrondo- [Sec. 4, RA 7916].
Montejo, GR 111988. Oct.
14, 1994]. Special indorsement. Nego.
Inst. An indorsement that
Special deposit. A delivery specifies the person to
of money or other property whom, or to whose order,
to a bank for safe-keeping the instrument is to be
1083
payable, and the same general kind or design

indorsement of such for a particular purpose or
indorsee is necessary to the limited in range or confined
further negotiation of the to a prescribed field of action
instrument. [Sec. 34, NIL]. or operation. [Moreno’s Law
Dict., 2000 Ed., p. 440].
Special injury. Material,
moral and physical injury Special motion. A motion
sustained by a property addressed to the discretion
owner and members of his of the court. [Claridades, A.,
family, and not shared by Compilation of Notes, 2001-
the general public, by reason 2006].
of a public nuisance.
[Moreno’s Law Dict., 2000 Special or secondary
Ed., p. 440]. franchise. The right vested
in the corporation which may
Specialization. Training to ordinarily be conveyed or
consolidate, deepen and mortgaged under a general
broaden skills and power granted to a
knowledge for a particular corporation to dispose of its
task, function or aspect of a property, except such
worker's occupation. [Sec. 1, special or secondary
Rule 1, Book 2, IRR of LC]. franchises as are charged,
with a public use. [JRS
Specialized agencies. Business v. Imperial Ins., GR
International bodies which, L-19891. July 31, 1964].
while not part of the United Compare with Primary or
Nations, have been brought corporate franchise.
into close contact with it
because of their purposes Special packaging. A
and functions. [Cruz, Intl. packaging that is designed
Law Reviewer, 1996 Ed., p. or constructed to be
24]. significantly difficult for
children five years of age to
Special judgment. A open or to obtain a toxic or
judgment that requires the harmful amount of the
performance of an act other substance contained therein
that (a) the payment of within a reasonable time and
money; and (b) the sale of not difficult for normal adults
real property. [Claridades, to use properly but does not
A., Compilation of Notes, mean packaging which all
2001-2006]. such children cannot open or
obtain a toxic or harmful
Special law. A law which is amount within a reasonable
different from others of the time. [Art. 4, RA 7394].
1084
Discrimination Act. RA
Special proceeding. A 7610 entitled “An Act
remedy by which a party providing for stronger
seeks to establish a status, a deterrence and special
right, or a particular fact. protection against child
[Sec. 3(c), Rule 1, RoC]. abuse, exploitation and
discrimination, and for other
Special project or purposes” enacted on June
undertaking. Under Art. 17, 1992.
280 of the Labor Code, it
contemplates an activity Special purpose
which was commonly or corporation (SPC). A
habitually performed or such juridical person created in
type of work which is not accordance with the
done on a daily basis but Corporation Code of the
only for a specific duration of Philippines solely for the
time or until the completion purpose of securitization and
of the project. The services to which the Seller makes a
employed are thus true and absolute sale of
necessary or desirable in the assets. [Sec. 3, RA 9267].
employer's usual business
only for the period of time it Special purpose entity
takes to complete the (SPE). Either a special
project. Without the purpose corporation (SPC) or
performance of such a special purpose trust
services on a regular basis, (SPT). [Sec. 3, RA 9267].
the employer's main
business is not expected to Special purpose trust
grind to a halt. [Tucor (SPT). A trust administered
Industries, Inc. v. NLRC, GR by an entity duly licensed to
96608-09. May 20, 1991]. perform trust functions
under the General Banking
Special project training. An Law, and created solely for
organized activity or sets of the purpose of securities and
activities in aid of human to which the Seller makes a
resources development true and absolute sale of
which do not fall squarely assets. [Sec. 3, RA 9267].
under any of the previously
described types of activities. Special purpose vehicle. A
[Sec. 1, Rule 1, Book 2, IRR motor vehicle designed for
of LC]. specific application such as
cement mixer, fire truck,
Special Protection of boom truck, ambulance
Children Against Abuse, and/or medical unit, and off-
Exploitation and road vehicles for heavy
1085
industries and not for the

recreational activities. [RA Specialty contractor. A
9224]. person whose operations
pertain to the performance
Special retainer. A fee for a of construction work
particular case or specific requiring special skill and
service to be performed by a whose principal contracting
lawyer. [Moreno’s Law Dict., business involves the use of
2000 Ed., p. 441]. specialized building trades or
crafts. [Sec. 9, RA 4566].
Special statute. A statute
which relates to particular Specialty principle. Intl.
persons, entities or things of Law. By this principle, a
a class. E.g.: Child and Youth fugitive may be tried or
Welfare Code. [Suarez, Stat. punished only for a crime
Con., (1993), p. 96]. specified in the extradition
Compare with General treaty and in the request for
statute. extradition. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 116].
Special time allowance for
loyalty. A deduction of one- Specific aggravating
fifth of the period of the circumstances. Those
sentence granted to any which apply to a particular
prisoner who, having evaded felony like cruelty in crimes
the service of his sentence against persons. [Gregorio,
under the circumstances Fund. of Crim. Law Rev.,
mentioned in Art. 58 of the 1997 9th Ed., p. 112].
Rev. Penal Code, gives
himself up to the authorities Specification. 1. Property.
within 48 hours following the The giving of a new form to
issuance of a proclamation material belonging to
announcing the passing another, such as when
away of the calamity or grapes belonging to one
catastrophe referred to in person are converted to
said Article. [Art. 98, RPC]. wine by another, or marble
of one person is made into a
Special time deposit. A statue by another.
deposit made with the [Tolentino, Civil Code of the
express understanding that Phil., Vol. II, Repr. 2001, p.
the same shall be kept for 99]. 2. Prop. Mgt. Technical
some definite period of time. description of supplies or
This is diametrically opposed property being requisitioned
to the nature of loan. or ordered, which should be
[Moreno’s Law Dict., 2000 clear and complete,
Ed., p. 441]. including if necessary, the
1086
specific uses therefor and inadequate compensation.

how acceptability thereof [Glossary of Legal Terms
can be determined. [IRR on (Pro-Se), 2004]. 3. A court
Supply & Prop. Mgt., per Sec. order directing a party to
383, LGC]. carry out the obligations it
had contractually promised
Specific denial. The to do. [Intl. Law Dict. &
specification by a defendant Direct., 2004].
of each material allegation
of fact the truth of which he Specific tax. 1. Tax of a fixed
does not admit and, amount imposed by the
whenever practicable, the head or number, or by some
setting forth of the standard of weight or
substance of the matters measurement; it requires no
upon which he relies to assessment (valuation) other
support his denial. Where a than a listing or classification
defendant desires to deny of the objects to be taxed.
only a part of an averment, [De Leon, Fundamentals of
he shall specify so much of it Taxation, 2000 Ed., p. 14,
as is true and material and citing 51 Am. Jur. 53]. 2. A
shall deny only the type of excise tax which is
remainder. Where a imposed and based on
defendant is without weight or volume capacity or
knowledge or information any other physical unit of
sufficient to form a belief as measurement. [Comm. of
to the truth of a material Int. Rev. v. Mobile Phil. Inc.,
averment made in the GR 104920. Apr. 28, 1994].
complaint, he shall so state, Compare with Ad valorem
and this shall have the effect tax.
of a denial. [Sec. 10, Rule 8,
RoC]. Specific undertaking. Labor.
A special type of venture or
Specific performance. 1. A project whose duration is
remedy available to a person coterminous with the
who has the right to demand completion of the project.
from another the [Beta Electric Corp. v. NLRC,
performance of an GR 86408. Feb. 15, 1990].
obligation. [Torres, Oblig. &
Cont., 2000 Ed., p. 354]. 2. A Speculate. To enter into a
remedy requiring a person business transaction or
who has breached a contract venture from which the
to perform specifically what profits or return are
he has agreed to do. Specific conjectural because the
performance is ordered undertaking is outside of the
when damages would be ordinary course of business
1087
to purchase or sell with the and administrative cases.

expectation of profiting by [Suarez, Pol. Law Reviewer,
anticipated, but conjectural, 1st Ed., 2002, pp. 228-229].
fluctuations in price; often in Compare with Speedy trial.
a somewhat depreciative
sense, to engage in Speedy trial. 1. A trial
hazardous business conducted according to the
transaction for the chance of law of criminal procedure
an unusually large profit; as and the rules and
to speculate in coffee, in regulations, free from
sugar or in bank stock. vexatious, capricious and
[Ortega v. Orcine, GR L- oppressive delays. [Flores v.
28317. Mar. 31, 1971, citing People, 61 SCRA 331
Webster's Intl. Dict., 2nd Ed. (1974)]. 2. A trial conducted
p. 2417]. according to the law of
criminal procedure and the
Speculative securities. rules and regulations, free
They include all securities to from vexatious, capricious,
promote or include the sale and oppressive delays.
of which profit, gain, or [Kalaw v. Apostol, GR 45591.
advantage unusual in the Oct. 15, 1937]. Compare
ordinary course of legitimate with Speedy disposition of
business is in any way cases.
advertised or promised.
[Sec. 1 , Act 2581]. Speedy Trial Act of 1998.
RA 8493 entitled “An Act to
Speech, freedom of. The ensure a speedy trial of all
liberty to know, to utter and criminal cases before the
to argue freely according to Sandiganbayan, Regional
conscience, above all Trial Court, Metropolitan
liberties. It thus includes, not Trial Court, Municipal Trial
only the right to express Court, and Municipal Circuit
one's views, but also other Trial Court, appropriating
cognate rights relevant to funds therefor, and for other
the free communication of purposes” enacted on Feb.
ideas, not excluding the 12, 1998.
right to be informed on
matters of public concern. Speedy trial, right to. The
[Osmeña v. Garcia, GR right of the accused to be
132231. Mar. 31, 1998]. free from vexatious,
capricious, and oppressive
Speedy disposition of delays, its salutary objective
cases. The right which is being to assure that an
broader than speedy trial innocent person may be free
and applies to civil, criminal from anxiety and expense of
1088
a court litigation or, if one who lavishes or wastes

otherwise, of having his guilt his estate. [Black’s Law Dict.,
determined within the Abr. 5th Ed. (1983), p. 727].
shortest possible time
compatible with the Sperm. Legal Med. A living
presentation and organism consisting of a
consideration of whatever head, neck and tail which
legitimate defense he may carries the man’s genes and
interpose. [People v. Jardin, is made in the testes and
124 SCRA 167, 173; Andres stored in the seminal
v. Cacdac, 113 SCRA 216]. vesicles. During sexual
intercourse, the sperm is
Speleogem. Relief features transported along with a
on the walls, ceilings and fluid called semen through
floor of any cave or lava the vas deferens and the
tube which are part of the erect penis. [Olarte, Legal
surrounding bedrock, Med., 1st Ed. (2004), p. 125].
including but not limited to
anastomoses, scallops, Split jurisdiction. Two
meander niches, judicial bodies exercising
petromorphs and rock jurisdiction over an
pendants in solution caves essentially the same subject
and similar features unique matter — a situation
to volcanic caves. [Sec. 3, analogous to split jurisdiction
RA 9072]. which is obnoxious to the
orderly administration of
Speleothem. Any natural justice. [Benguet Corp. v.
mineral formation or deposit Leviste, GR 65021. Nov. 21,
occurring in a cave or lava 1991].
tube, including but not
limited to any stalactite, Splitting. 1. Division or
stalagmite, helictite, cave breaking up of requisition or
flower, flowstone, order into separate
concretion, drapery, requisitions or orders, of
rimstone or formation of clay smaller quantities and
or mud. [Sec. 3, RA 9072]. amounts, to avoid review
and/or induce approval
Spendthrift. 1. One who thereof by higher authorities.
squanders his substance for [IRR on Supply & Prop. Mgt.,
the pleasure of the fleeting per Sec. 383, LGC]. 2.
moment. [Dir. of Lands v. Dividing or breaking up into
Abanzado, GR L-21814. July separate parts or portions, or
15, 1975]. 2. On e who an act resulting in a fissure,
spends money profusely and rupture, breach. Within the
improvidently; a prodigal; sphere of government
1089
procurement, splitting is and outside the scope of his

associated with requisitions, employment. [Herrera, Rem.
purchase orders, deliveries Law, 1999 Ed., p. 307, citing
and payments. [Fonacier v. Walsh v. Hunt, 120 Cal. 46,
Sandiganbayan, GR L-50691. p. 115]. Compare with
Dec. 5, 1994]. Alteration or amendment.
Splitting a single cause of Sponcion or sub speratii.

action, effect of. If two or Intl. Law. An undertaking by
more suits are instituted on a person in behalf of his
the basis of the same cause state, not specifically
of action, the filing of one or empowered to center into it.
a judgment upon the merits It is an agreement by an
in any one is available as a officer not possessing proper
ground for the dismissal of authority, and may require
the others. [Sec. 4, Rule 2, ratification or express
RoC]. acceptance by the State to
render it effective. [Coquia
Splitting of cause of and Santiago, Intl. Law, 3rd
action. The practice of Ed. (1998), pp. 494-495].
dividing one cause of action
into different parts and Sponsorship. Any public or
making each part subject of private contribution to a
a separate complaint. third party in relation to an
[Albano, Rem. Law Reviewer, event, team or activity made
1st Ed., p. 75]. with the aim of promoting a
brand of tobacco product,
Splitting of payments. It which event, team or activity
arises when two or more would still exist or occur
payments for one or more without such contribution.
items involving one [Sec. 4, RA 9211].
purchase order are made in
order to avoid inspection of Spontaneous exclamation.
deliveries; avoid action, A statement or exclamation
review or approval by higher made immediately after
authorities; (or) avoid public some exciting occasion by a
bidding. [Fonacier v. participant or spectator and
Sandiganbayan, GR L-50691. asserting the circumstances
Dec. 5, 1994]. of that occasion as it is
observed by him. [People v.
Spoliation. A change shown Sanchez, GR 74740. Aug. 28,
to have been made by one 1992].
who was the agent of one of
the parties, but without the Spontaneous statements.
express or implied authority, Evid. Statements made by a
1090
person while a startling 443]. Compare with Natural

occurrence is taking place or children.
immediately prior or
subsequent thereto with Spy. Intl. Law. An individual
respect to the circumstances who, acting clandestinely, or
thereof. [Sec. 42, Rule 130, on false pretenses, obtains
RoC]. Compare with Verbal or seeks to obtain
acts. information in the zone of
operations of a belligerent,
Sports car. A high-powered with the intention of
vehicle, usually a two-seater, communicating it to the
especially manufactured for hostile party. [Cruz, Intl. Law
speed. [Sec. 1, PD 843]. Reviewer, 1996 Ed., p. 138].
Spouse. One’s wife or Squatter. One who settles on

husband. [Black’s Law Dict., the land of another without
Abr. 5th Ed. (1983), p. 728]. any legal authority. This
term is applied particularly
Sprinkler system. An to person who settle on the
integrated network of public land. [Buenavente v.
hydraulically designed piping Melchor, GR L-33145. Mar.
installed in a building, 30, 1979, citing 3 Mart. La.
structure or area with outlets U.S. 293].
arranged in a systematic
pattern which automatically Squatters. Individuals who,
discharges water when without necessarily
activated by heat or employing violence, either
combustion products from a physical or moral, and taking
fire. [Sec. 3, PD 1185]. advantage of the absence or
tolerance of land owners,
Spurious children. 1. succeed in occupying their
Illegitimate children other properties for residential
than natural. [Claridades, A., purposes. [Rep. v. Vda. De
Compilation of Notes, 2001- Caliwan, GR L-16927. May
2006]. 2. Children whose 31, 1961].
father, at the time of their
conception, could not marry Squatting. Elements: (a) That
the mother, because he was there be occupation or a
already married to another taking of possession of
woman, and who therefore property for residential,
fall within the category of commercial or any other
illegitimate children other purposes, and (b) that in
than natural in Art. 287 of occupying or taking
the Civil Code. [Moreno’s possession of the property,
Law Dict., 2000 Ed., pp. 442- the offender did so by force,
1091
intimidation or threat or by v. Espinosa, GR 72883. Dec.

taking advantage of the 20, 1989].
absence or tolerance of its
owner and against his will. Stale check. A check where
[Jumawan v. Eviota, GR there has been unreasonable
85512-13. July 28, 1994]. delay by the holder in
presenting it for payment.
Squatting syndicates. [Martin, Commentaries and
Groups of persons engaged Jurisp. on Comml. Laws, Vol.
in the business of squatter 1, 1988 Rev. Ed., p. 383].
housing for profit or gain.
[Sec. 3, RA 7279]. Stale demand. See Laches.
Stabilize. The provision of Stalking. An intentional act

necessary care until such committed by a person who,
time that the patient may be knowingly and without lawful
discharged or transferred to justification follows the
another hospital or clinic woman or her child or places
with a reasonable probability the woman or her child
that no physical under surveillance directly or
deterioration would result indirectly or a combination
from or occur during such thereof. [Sec. 3, RA 9262].
discharge or transfer. [Sec.
2, RA 8344]. Stall. A shed where goods or
merchandise are stored or
Stable. Firmly established. exposed for sale whether on
[Tatad v. Sec. of Energy, GR wholesale or retail. It cannot
124360. Nov. 5, 1997, citing be different from a store or
Webster, New 3rd Intl. Dict., shop where goods are
1993 Ed., p. 2218]. deposited and sold by one
engaged in selling and
Stab wounds. The phrase is buying goods. [Moreno’s Law
used generically to include Dict., 2000 Ed., p. 443].
all wounds that may be
caused "by weapons such as Standard. 1. A set of
knives, scissors, three- conditions to be fulfilled to
cornered files, or ice picks ensure the quality and
with a circular shaft, all safety of a product. [Art. 4,
possessing a sharp point but RA 7394]. 2. A gauge which
having blades of different has been established by
shapes. Stabbing may be authority, custom or
done with an ice pick and common acceptance as
the puncture is correctly proper and adequate for a
called a stab wound. [People given purpose. [IRR on

1092
Supply & Prop. Mgt., per Sec. are ad hoc or special

383, LGC]. committees. Standing
committees generally exist
Standard of proof. Indicates as long as the organization
the degree to which the to which it reports exists.
point must be proven. In a [Duhaime's Legal Dict.,
civil case, the burden of 2004].
proof rests with the plaintiff,
who must establish his case Standpipe system. A system
by such standards of proof of vertical pipes in a building
as a preponderance of to which fire hoses can be
evidence or clear and attached on each floor,
convincing evidence. including a system by which
[Glossary of Legal Terms water is made available to
(Pro-Se), 2004]. See Burden the outlets as needed. [Sec.
of proof. 3, PD 1185].
Standards. Voluntary Stare decisis. Lat. To stand

guidelines that specify the by decisions. 1. The common
same things that technical law principle which obliges
regulations mandatorily an inferior court to follow the
specify. [Intl. Law Dict. & clear findings in law of a
Direct., 2004]. superior court of the same
jurisdiction. Supreme courts
Standby letter of credit. A and inferior courts may also
letter of credit obtained by a hold themselves bound by
buyer naming the seller as a their own decisions. Nota
beneficiary. [Intl. Law Dict. & bene: Stare decisis is an
Direct., 2004]. abbreviation of the full Latin
maxim, Stare decisis et non
Standing. The legal right to quieta movere, meaning
bring a lawsuit. Only a “stand by decisions and do
person with something at not disturb the calm."
stake has standing to bring a [Tetley, Glossary of Conflict
lawsuit. [Glossary of Legal of Laws, 2004]. 2. A basic
Terms (Pro-Se), 2004]. principle of the law whereby
once a decision (a
Standing committee. A precedent) on a certain set
term of parliamentary law of facts has been made, the
which refers to those courts will apply that
committees which have a decision in cases which
continued existence; that subsequently come before it
are not related to the embodying the same set of
accomplishment of a facts. A precedent which is
specific, once-only task as binding; must be followed.
1093
[Duhaime's Legal Dict., by other states). [Duhaime's

2004]. Legal Dict., 2004]. 2. A
political entity comprising a
Stare decisis et no movere. territory, a population, a
Lat. Follow past precedent government capable of
and do not disturb what has entering into international
been settled. [Torillo v. relations, and a government
Leogardo, Jr., GR 77205. May capable of controlling its
27, 1991]. territory and peoples. [Intl.
Stare decisis et non quieta
movere. Lat. Stand by State. Elements: (a) People;
decisions and do not disturb (b) territory; (c) government;
the calm; From settled and (d) sovereignty. [Suarez,
precedents, there must be Pol. Law Reviewer, 1st Ed.,
no departure. 1. This legal 2002, p. 23].
maxim has evolved out of an
ancient practice of State continuity principle.
subscribing to well-settled Intl. Law. It means that the
precedents and if the law is legal existence of a state
able to attain some degree continues notwithstanding
of permanence or stability, it changes in the size of its
is also because of the population or territory or in
judicial adherence to the form of leadership of its
precedents. 2. To stand by government. [Cruz, Intl. Law
decisions and not disturb Reviewer, 1996 Ed., p. 38].
settled matters. [Dioquino v.
Cruz, GR L-38579. Sep. 9, Stated installments. Nego.
1982]. Inst. Installments whereby
the sum as well the date
State. Intl. Law. 1. Those when each and every
groups of people which have installment is due are stated
acquired international on them face of the
recognition as an instrument. [Claridades, A.,
independent country and Compilation of Notes, 2001-
which have four 2006].
characteristics; permanent
and large population with, State immunity. See
generally, a common Sovereign immunity.
language; a defined and
distinct territory; a sovereign Statelessness. The condition
government with effective or status of an individual
control; and a capacity to who is born without any
enter into relations with nationality or who loses his
other states (i.e., recognized nationality without retaining
1094
or acquiring another. [Cruz, rulings and orders of the

Intl. Law Reviewer, 1996 Ed., court, the nature of the
p. 107]. judgment and any other
matters necessary to an
Stateless person. A person understanding of the nature
who is not considered as a of the controversy, with
national by any State under page references to the
the operation of its law. record. [Sec. 13, Rule 44,
[Frivaldo v. Comelec, GR RoC].
120295. June 28, 1996,
citing Yorac, Phil. Treaty; Statement of votes. 1. A
Series, Vol. III, 363]. machine-generated
document containing the
Statement. In a general votes obtained by
sense, an allegation; a candidates in each precinct
declaration of matters of in a city/municipality. [Sec.
fact. [Black’s Law Dict., Abr. 2, RA 8436]. 2. A document
5th Ed. (1983), p. 732]. containing detailed entries of
the votes obtained by each
Statement in articulo candidate in each of the
mortis. See Dying precincts in a municipality or
declaration. in each of the municipalities
in a province. [Sec. 2, RA
Statement of facts. Rem. 8046].
Law. That part of the
appellant's brief which shall State of necessity acts. The
contain a clear and concise acts of a person amounting
statement in a narrative to interference with a thing
form of the facts admitted the ownership of which
by both parties and of those belongs to another who has
in controversy, together with no right to prohibit the same
the substance of the proof if such is necessary to avert
relating thereto in sufficient an imminent danger and the
detail to make it clearly threatened damage,
intelligible, with page compared to the damage
references to the record. arising to the owner from the
[Sec. 13, Rule 44, RoC]. interference, is much
greater. The owner may
Statement of the case. demand from the person
Rem. Law. That part of the benefited indemnity for the
appellant's brief which shall damage to him. [Art. 432,
contain a clear and concise CC].
statement of the nature of
the action, a summary of the State of the Nation
proceedings, the appealed Address (SONA). The
1095
address delivered by the

President before the joint State witness. Any person
session of Congress at the who has participated in the
opening of its regular commission of a crime and
session. [Claridades, A., desires to be a witness for
Compilation of Notes, 2001- the State, can apply and, if
2006]. qualified as determined in
RA 6981 and by the
State practice. Intl. Law. The Department of Justice, shall
conduct and practices of be admitted into the Witness
states in their dealings with Protection Program
each other. [Intl. Law Dict. & whenever the following
Direct., 2004]. circumstances are present:
(a) the offense in which his
State responsibility. Intl. testimony will be used is a
Law. Liability of a state for grave felony as defined
the injuries that it causes to under the Revised Penal
foreign persons. [Intl. Law Code or its equivalent under
Dict. & Direct., 2004]. special laws; (b) there is
absolute necessity for his
State responsibility testimony; (c) there is no
doctrine. Intl. Law. 1. The other direct evidence
doctrine which holds a state available for the proper
responsible for any injury prosecution of the offense
sustained by an alien within committed; (d) his testimony
its jurisdiction because of an can be substantially
international wrong corroborated on its material
imputable to it. [Cruz, Intl. points; (e) he does not
Law Reviewer, 1996 Ed., p. appear to be most guilty;
109]. and (f) he has not at any
time been convicted of any
Stateroom. A commodious crime involving moral
room on shipboard, usually turpitude. [Sec. 10, RA
for a captain or superior 6981].
ship’s officer. [Moreno’s Law
Dict., 2000 Ed., p. 444]. State witness. Requisites:
(a) There is absolute
State succession principle. necessity for the testimony
Intl. Law. The substitution of of the accused whose
one state by another, the discharge is requested; (b)
latter taking over the rights there is no other direct
and some of the obligations evidence available for the
of the former. [Cruz, Intl. proper prosecution of the
Law Reviewer, 1996 Ed., p. offense committed, except
39]. the testimony of said
1096
accused; (c) the testimony of in nature nor terminable at

said accused can be the mere will of the parties,
substantially corroborated in with which third persons and
its material points; (d) said the state are concerned.
accused does not appear to [Kawasaki Port Service Corp.
be the most guilty; (e) said v. Amores, GR 58340. July
accused has not at any time 16, 1991, citing Holzer v.
been convicted of any Deutsche Reichsbahn
offense involving moral Gesellschaft, 290 NYS 181].
turpitude. Evidence adduced
in support of the discharge Status quo. The last actual
shall automatically form part peaceable uncontested
of the trial. If the court status which preceded the
denies the motion for pending case. [Phil. Virginia
discharge of the accused as Tobacco v. de los Angeles,
state witness, his sworn GR L-27829, Aug. 19, 1988,
statement shall be 164 SCRA 543; Bataclan v.
inadmissible in evidence. CA, GR 78148, July 31, 1989,
[People v. Quiming, GR 175 SCRA 764].
92847. May 21, 1993].
Status quo ante litem
Statistical improbability motam. Lat. The last actual,
doctrine. Also known as peaceable, non-contested
Lagumbay doctrine. status. [Lim v. Pacquing, GR
[Lagumbay v. Comelec (16 115044. Jan. 27, 1995,
SCRA 175 (1966)]. The Annotation, 15 ALR 2d 237].
doctrine may be stated as
follows: Any election return Statute. 1. Legislative
which on the basis enactment; it may be a
exclusively of data found on single act of a legislature or
its face appears to be a body of acts which are
obviously and patently false collected and arranged for a
is nothing but a session of a legislature.
manufactured return which [Glossary of Legal Terms
should not be accorded any (Pro-Se), 2004]. 2. Intl. Law.
prima facie value as Sometimes termed as
evidence of the result of the “Constitution”. A certain
count and should be type of multilateral
disregarded in the canvass. instrument in the nature of
[Separate Opinion, Barredo, an organic act, dealing with
J., Sinsuat v. Pendatun, GR L- the establishment of an
31501. June 30, 1970]. international organ. [Coquia
and Santiago, Intl. Law, 3rd
Status. A legal personal Ed. (1998), p. 493].
relationship, not temporary
1097
Statute of frauds. 1. The rise to the right to sue.

purpose of the statute is to [Glossary of Legal Terms
prevent fraud and perjury in (Pro-Se), 2004]. The law that
the enforcement of bars the institution of an
obligations depending for action against another after
their evidence on the the lapse of the period
unassisted memory of prescribed therefore. 2. Acts
witnesses by requiring of grace, a surrendering by
certain enumerated the sovereign of its right to
contracts and transactions to prosecute. They receive a
be evidenced by a writing strict construction in favor of
signed by the party to be the Government and
charged. It was not designed limitations in such cases will
to further or perpetuate not be presumed in the
fraud. It makes only absence of clear legislation.
ineffective actions for [Lim v. CA, GR 48134-37.
specific performance of the Oct. 18, 1990, citing Black's
contracts covered by it; it Law Dict., 4th Ed., p. 1077].
does not declare them 3. Statute which provides
absolutely void and of no that the rights to require of
effect. [Asia Prod. Co., v. others the fulfillment of their
Paño, GR 51058. Jan. 27, obligations prescribe after a
1992]. 2. Contracts entered certain period of time, in
into in violation of thereof order that it may serve alike
are simply unenforceable as a punishment for those
and the requirement that who do not know how to look
they — or some note or after their own interests, and
memorandum thereof — be as a source of reassurance
in writing refers only to the to those who may have
manner they are to be rested in the belief that their
proved. [see Art. 1403, par. creditors had waived their
2, CC]. 3. It is applicable only rights, and also to insure
to executory contracts. economic stability and the
[Facturan v. Sabanal, 81 Phil. certainty of rights. [Lutero v.
512], not to contracts that Siuliong and Co., 54 Phil.
are totally or partially 272, 280].
performed [Almiro v.
Monserrat, 48 Phil. 67, 70]. Statute of non-claims.
Spec. Pro. 1. The time for the
Statute of limitations. 1. A filing of claims against the
statute which limits the right estate, which shall not be
of a plaintiff to file an action more than twelve (12) nor
unless it is done within a less than six (6) months
specified time period after after the date of the first
the occurrence which gives publication of the notice. All
1098
claims for money against the

decedent, arising from Statutory. Relating to a
contract, express or implied, statute; created or defined
whether the same be due, by a law. [Glossary of Legal
not due, or contingent, all Terms (Pro-Se), 2004].
claims for funeral expenses
and expenses for the last Statutory construction. 1.
sickness of the decedent, The art or process of
and judgment for money discovering and expounding
against the decedent, must the meaning and intention of
be filed within the time the authors of the law with
limited in the notice; respect to its application to a
otherwise they are barred given case, where that
forever, except that they intention is rendered
may be set forth as doubtful, among others, by
counterclaims in any action reason of the fact that the
that the executor or given case is not explicitly
administrator may bring provided for in the law
against the claimants. [Sec. [Caltex (Philippines) Inc. v.
2 and 5, Rule 86, RoC]. 2. A Palomar, GR L-19650. Sep.
definite period fixed by law 29, 1966, citing Black,
within which claims against Interpretation of Laws, p. 1].
the estates of deceased 2. Process by which a court
persons must be presented seeks to interpret the
to insure the speedy settling meaning and scope of
of the affairs of a deceased legislation. [Glossary of
person and the early Legal Terms (Pro-Se), 2004].
delivery of the property of
the estate into the hands of Statutory law. Laws
the persons entitled to promulgated by Congress.
receive it. [Estate of De Dios, [Jurist’s Legal Dict., 2004].
24 Phil. 573]. 3. Its purpose Compare with Case law and
it to settle the affairs of the Common law.
estate with dispatch, so that
the residue may be Statutory minimum wage.
delivered to the persons The lowest wage rate fixed
entitled thereto without their by law that an employer can
being afterwards called upon pay his workers. [IRR, RA
to respond in actions for 6727; Sec. 1, Rule 7, Book 3,
claims, which, under the IRR of LC].
ordinary statute of
limitations, have not yet Statutory rape. Crim. Law.
prescribed. [Santos v. The felony committed when
Manarang, GR 8235. Mar. a man has carnal knowledge
19, 1914]. of a woman who is under
1099
twelve (12) years of age. judgment of the court is

[Art. 335 (3), RPC]. postponed. [Torres, Oblig. &
Cont., 2000 Ed., p. 354].
Statutory rape. Elements:
(a) That the accused had STD. See Sexually
sexual intercourse with the transmitted diseases.
offended party; and (b) that
the latter was below twelve Stealth. Any secret, sly, or
years of age at the time of clandestine act to avoid
the coitus. [Art. 335 (3), discovery and to gain
RPC]. entrance into or remain
within residence of another
Statutory taxpayer. The without permission.
person who must pay the tax [Sumulong v. CA, GR
to the government; the one 108817. May 10, 1994,citing
on whom the tax is formally Black's Law Dictionary, 5th
assessed. He is the subject Ed., 1267].
of the tax. [De Leon,
Fundamentals of Taxation, Stemmed leaf tobacco. Leaf
2000 Ed., p. 53]. tobacco which has had the
stem or midrib removed. The
Stay. 1. A court order halting term does not include
a judicial proceeding. broken leaf tobacco. [Sec.
[Glossary of Legal Terms 140, NIRC, as amended].
(Pro-Se), 2004]. 2. A
procedure whereby a court Stepson. A son brought by a
does not dismiss an action or spouse to the new marriage
dismisses it conditionally on or a son by a former
grounds of forum non marriage of his parent, now
conveniens but retains in the subsequent union.
jurisdiction and calls on the [Madueño v. Cabanatuan
plaintiff to take suit in the Lumber Co., GR 47978. Oct.
more convenient forum. The 31, 1941].
conditions are usually that
the defendant agrees to Stimson doctrine. Intl. Law.
appear in the foreign court 1. The doctrine that forbids
within a certain delay, recognition of any
accept jurisdiction there and government set up through
agree to any final judgment. external aggression.
[Tetley, Glossary of Conflict [Sandoval, Pol. Law Reviewer
of Laws, 2004]. 2003]. 2. A doctrine
formulated by US Secretary
Stay of execution. A of State Stimson in 1932.
temporary period during [Cruz, Intl. Law Reviewer,
which the execution of 1996 Ed., p. 44].
1100
neither of whom acted as

Stipulation. 1. An agreement agent of the third person,
between the parties to a and such third person may
contract or lawyers. [Torres, demand its fulfillment
Oblig. & Cont., 2000 Ed., p. provided that he
354]. 2. An agreement communicates his
between the parties involved acceptance to the obligor
in a suit regulating matters before it is revoked.
incidental to trial. [Glossary
of Legal Terms (Pro-Se), Stipulation pour atrui.
2004]. Requisites: (a) The
stipulation in favor of a third
Stipulation of facts. An person must be a part of the
agreement, admission, or contract, and not the
concession made in a judicial contract itself; (b) the
proceeding by the parties or favorable stipulation should
their attorneys, regarding not be conditioned or
some matters incidental compensated by any kind of
thereto for the purpose of obligation; and (c) neither of
avoiding delay, trouble and the contracting parties bears
expense. [Moreno’s Law the legal representation or
Dict., 2000 Ed., p. 446]. authorization of the third
party. [Florentino v.
Stipulation pour atrui. Encarnacion, 79 SCRA 192,
Stipulation in favor of a third 201, Sep. 30, 1977].
person. 1. A stipulation in
favor of a third person who Stirpes. Lat. The offspring of
may demand its fulfillment, a person; his or her
provided he communicated descendants. For example,
his acceptance to the obligor inheriting per stirpes means
before its revocation. An having a right to a
incidental benefit or interest, deceased's estate because
which another person gains, one happens to be a
is not sufficient. The descendant of the deceased.
contracting parties must [Duhaime's Legal Dict.,
have clearly and deliberately 2004].
conferred a favor upon a
third person. [Art. 1311, CC]. Stock. Also Share of stock.
2. Stipulation in a contract in 1. The term includes the
favor of a third person share in an association, joint-
conferring upon him a clear stock company, or insurance
and deliberate favor upon company. [Sec. 22, NIRC, as
him, and which stipulation is amended]. 2. One of the
merely a part of a contract units into which the capital
entered into by the parties, stock is divided. [De Leon,
1101
Corp. Code of the Phil. Stock dividend. 1. A

Annotated, 1989 Ed., p. 56]. conversion of surplus or
undivided profits into capital
Stock and transfer book. stock, which is distributed to
The book in which must be stockholders in lieu of a cash
kept a record of all stocks in dividend. [Comm. of Int. Rev.
the names of the v. Manning, GR L-28398.
stockholders alphabetically Aug. 6, 1975]. 2. Any
arranged; the installments dividend payable in shares
paid and unpaid on all stock of stock of the corporation
for which subscription has declaring or authorizing such
been made, and the date of dividend. It is, what the term
payment of any installment; itself implies, a distribution
a statement of every of the shares of stock of the
alienation, sale or transfer of corporation among the
stock made, the date stockholders as dividends. A
thereof, and by and to whom stock dividend of a
made; and such other corporation is a dividend
entries as the by-laws may paid in shares of stock
prescribe. [Sec. 74, Corp. instead of cash and is
Code]. properly payable only out of
surplus profits. So, a stock
Stockbroker. All persons dividend is actually two
whose business it is, for things: (a) A dividend, and
themselves as such brokers (b) the enforced use of the
or for other brokers, to dividend money to purchase
negotiate purchases or sales additional shares of stock at
of stock, bonds, exchange, par. [Nielson & Co. v.
bullion, coined money; bank Lepanto, GR L-21601. Dec.
notes, promissory notes or 28, 1968]. Compare with
other securities. [Sec. 1, PD Cash dividend.
426].
Stock exchange. See
Stock corporations. Exchange.
Corporations which have
capital stock divided into Stockholder. The owners of
shares and are authorized to shares of stock in a stock
distribute to the holders of corporation. They are also
such shares dividends or called shareholders. [De
allotments of the surplus Leon, Corp. Code of the Phil.
profits on the basis of the Annotated, 1989 Ed., p. 46].
shares held. [Sec. 3, Corp.
Code]. Stockholder’s pre-emptive
right. Corp. Law. The right
of the stockholder to
1102
subscribe to all issues or the right of a police officer to

disposition of share of any stop a citizen on the street,
class in proportion to his interrogate him, and pat him
shareholding. [Diaz, Bus. for weapon(s). [Manalili v.
Law Rev., 1991 Ed., p. 269]. CA, GR 113447. Oct. 9,
1997].
Stockholders’ rights. Corp.
Law. The important rights of Stoppage in transitu, right
stockholders are the of. The right of the unpaid
following: (a) the right to seller who has parted with
vote; (b) the right to receive the possession of the goods
dividends; (c) the right to to stop them in transitu, that
receive distributions upon is to say, he may resume
liquidation of the possession of the goods at
corporation; and (d) the right any time while they are in
to inspect the books of the transit, and he will then
corporation. [Cojuangco, Jr. become entitled to the same
v. Roxas, GR 91925. Apr. 16, rights in regard to the goods
1991]. as he would have had if he
had never parted with the
Stocks. Shares in the possession. [Art. 1530, CC].
ownership of a company that
entitle their owners to rights Storage charge. The amount
in the firm, including a assessed on articles for
proportionate part of the storage in customs
dividends and, upon premises, cargo shed and
liquidation, of the capital warehouses of the
assets. [Intl. Law Dict. & government. The owner,
Direct., 2004]. consignee or agent of either,
of the articles, is liable for
Stomach ulcer. Such an this charge. [Rep. v.
erosion in the stomach, the Consolidated Terminals, Inc.,
inside of the stomach. When GR L-27810. Dec. 14, 1981,
the erosion is a little further citing Sec. 3001, RA 1937].
down, in the duodenum (the
first part of the intestine), it Store. A business
is a duodenal ulcer. establishment where usually
[Landicho v. WCC, GR L- diversified goods are kept
45996. Mar. 26, 1979, citing for retail sale. [Moreno’s Law
Atty.’s Dict. of Med., Dict., 2000 Ed., p. 446].
Schmidt]. Same as Gastric
ulcer. Stored. A deposit in a store
or warehouse for
Stop-and-frisk. The preservation or safe
vernacular designation of keeping; to put away for
1103
future use, especially for large bodies of water. [Cruz,

future consumption; to place Intl. Law Reviewer, 1996 Ed.,
in a warehouse or other p. 67].
place of deposit for safe
keeping. [K. S. Young v. Stranger. A third-party who is
Midland Textile Ins. Co., GR any person other than the
9370. Mar. 31, 1915.] judgment debtor or his
agent. [Bayer Phil. Inc. v.
Straight baseline. Straight Agana, 63 SCRA 355 (1975)].
lines connecting the seaward
most low-water points of Stranger to the action. A
deeply indented coastlines person not a party to the
and the seaward most low- action, or as the law puts it,
water points of a fringe of any other person than the
islands along a coastline. defendant or his agent,
[Intl. Law Dict. & Direct., whose property is seized
2004]. Compare with pursuant to the writ of
Normal baseline. delivery. [La Tondeña
Distillers v. CA, GR 88938.
Straight baseline method. June 8, 1992].
Intl. Law. A method in
defining the territorial sea Strategem. A maneuver
under which straight lines designed to deceive or
are made to connect outwit the enemy. A
appropriate points on the deception or device for
coast without departing obtaining advantage.
radically from its general [Moreno’s Law Dict., 2000
direction. The waters inside Ed., p. 446].
these lines are considered
internal. [Cruz, Intl. Law Strategic Agriculture and
Reviewer, 1996 Ed., p. 63]. Fisheries Development
Compare with Normal Zones (SAFDZ). The areas
baseline method. within the NPAAAD identified
for production, agro-
Straight-line method of processing and marketing
depreciation. The activities to help develop
recording of depreciation of and modernize with the
depreciable property in support of government, the
equal amounts monthly over agriculture and fisheries
its estimated service life. sectors in an
[Sec. 5, RA 3187]. environmentally and socio-
culturally sound manner.
Strait. Intl. Law. A [Sec. 4, RA 8435].
comparatively narrow
passageway connecting two
1104
Strategy. Machination or categorical to be

artifice. [Sumulong v. CA, GR misinterpreted." Private
108817. May 10, 1994]. respondent has utterly failed
to discharge this duty. [Prov.
Stream. Synonymous to a Of Tarlac v. Alcantara, GR
creek or a running course of 65230. Dec. 23, 1992].
water. [Moreno’s Law Dict.,
2000 Ed., p. 447]. Strict liability. 1. Imposing
liability on an actor
Street. Road, valley, avenue, regardless of fault. [Intl. Law
high-way or other public Dict. & Direct., 2000]. 2.
way. [Sec. 3, PD 198]. Concept applied by the
courts in product liability
Street certificate. Corp. cases that when a
Law. The certificate covering manufacturer presents his
shares which is indorsed in goods for public sale, he is
blank and therefore representing that they are
transferable by a mere suitable for their intended
delivery until it reaches the use. [Jurist’s Legal Dict.,
hands of a transferee who, 2004].
deciding to effect
registration in the books of Strict nature reserve. An
the corporation can just area possessing some
place his name as transferee outstanding ecosystem,
in the proper space provided features and/or species of
for in the certificate. [Diaz, flora and fauna of national
Bus. Law Rev., 1991 Ed., p. scientific importance
251]. maintained to protect nature
and maintain processes in
Strictissimi juris. Lat. By the an undisturbed state in order
most strict right or law. The to have ecologically
rule that exemptions from representative examples of
taxation are construed in the natural environment
strictissimi juris against the available for scientific study,
taxpayer and liberally in environmental monitoring,
favor of the taxing authority education, and for the
primarily because taxes are maintenance of genetic
the lifeblood of government resources in a dynamic and
and their prompt and certain evolutionary state. [Sec. 4,
availability is an imperious RA 7586].
need. Thus, to be exempted
from payment of taxes, it is Strike. 1. Any stoppage of
the taxpayer's duty to justify work by the concerted action
the exemption “by words too of employees in connection
plain to be mistaken and too with a labor dispute arising
1105
from unresolved economic outside the containers. [Sec.

issues in collective 1, PPA Admin. Order 08-79].
bargaining in non-vital
industries, called in Strong arm of equity. The
accordance with these rules writ (of preliminary
and regulations. [Sec. 2, PD injunction, whether
823]. 2. Any temporary prohibitory or mandatory)
stoppage of work by the sought for the protection of
concerted action of the rights of a party before
employees as a result of an the final determination of his
industrial or labor dispute. rights vis-à-vis others' in a
[Art. 212, LC]. pending case before the
court. [Roxas v. IAC, GR
Strike area. The 67195. May 29, 1989]. See
establishment, warehouses, Preliminary injunction,
depots, plants or offices, writ of.
including the sites or
premises used as run-away Strong sensitizer. Any
shops, of the employer substance which will cause
struck against, as well as the on normal living tissue,
immediate vicinity actually allergy or photodynamic
used by picketing strikers in quality of hypersensitivity
moving to and fro before all which becomes evident on
points of entrance to and reapplication of the same
exit from said establishment. substance, to be designated
[Art. 212, LC, as amended by as such by the implementing
RA 6715]. agency. Before designating
any substance as a strong
Strike breaker. Any person sensitizer, the implementing
who obstructs, impedes, or agency, upon consideration
interferes with by force of the frequency of
violence, coercion, threats or occurrence and severity of
intimidation any peaceful the reaction, shall find that
picketing by employees the substance has a
during any labor controversy significant capacity to cause
affecting wages, hours or hypersensitivity. [Art. 4, RA
conditions of work or in the 7394].
exercise of the right of self
organization or collective Strong wind. A wind of 22-33
bargaining. [Art. 212, LC, as knots in any direction, as per
amended by BP 227]. Weather Bureau Circular.
Stripping. The unloading Ed., p. 447].
operations of cargoes

1106
Structural Subdivision and

conceptualization. The act Condominium Buyers'
of conceiving, choosing and Protective Decree. PD 957
developing the type, entitled “Regulating the sale
disposition, arrangement of subdivision lots and
and proportioning of the condominiums, providing
structural elements of an penalties for violations
architectural work giving due thereof” signed into law on
consideration to safety, cost- July 12, 1976.
effectiveness, functionality
and aesthetics. [Sec. 3, RA Subdivision project. A tract
9266]. or a parcel of land registered
under Act No. 496 which is
Structure. Synonymous with partitioned primarily for
the word ‘building’. residential purposes into
[Moreno’s Law Dict., 2000 individual lots with or
Ed., p. 447]. without improvements
thereon, and offered to the
Student publication. The public for sale, in cash or in
issue of any printed material installment terms. It shall
that is independently include all residential,
published by, and which commercial, industrial and
meets the needs and recreational areas as well as
interests of, the studentry. open spaces and other
[Sec. 3, RA 7079]. community and public areas
in the project. [Sec. 2, PD
Study Now Pay Later Plan. 957].
See Educational
Assistance Act of 1976. Subdivision lot. Any of the
lots, whether residential,
Stuffing. The loading commercial, industrial, or
operations of cargoes inside recreational, in a subdivision
the containers. [Sec. 1, PPA project. [Sec. 2, PD 957].
Admin. Order 08-79].
Subic Bay Freeport (SBF).
Sua sponte. Lat. Of one's A separate customs territory
own accord. The right of a consisting of the City of
court to consider a legal Olongapo and the
issue of its own motion, even municipality of Subic,
if none of the parties have Province of Zambales, the
raised or addressed the lands occupied by the Subic
issue in their written or oral Naval Base and its
pleadings. [Tetley, Glossary contiguous extensions as
of Conflict of Laws, 2004]. embraced, covered and
defined by the 1947
1107
Philippine-U.S. Military Base his acts. [Gregorio, Fund. of

Agreement as amended and Crim. Law Rev., 1997 9th Ed.,
within the territorial p. 34]. See Objective
jurisdiction of Morong and phase of felony.
Hermosa, Province of
Bataan, the metes and Subject matter of an
bounds of which shall be action. 1. The matter or
delineated in a proclamation thing from which the dispute
to be issued by the President has arisen, and ordinarily, it
of the Philippines. [Sec. 3, is the property or the
RA 7227]. contract or any other thing
subject of the controversy.
Subic Bay Metropolitan [Filipinas Investment and
Authority (SBMA). A body Finance Corp. v. IAC, GR
corporate created by law as 66059-60. Dec. 4, 1989]. 2.
an operating and The physical facts, the things
implementing arm of the real or personal, the money,
Bases Conversion lands, chattels, and the like,
Development Authority. in relation to which the suit
[Sec. 13 of RA 7227]. is prosecuted, and not the
delict or wrong committed
Subjective intent. The by the defendant. [Mathay v.
actual intent and Consolidated Bank, GR L-
understanding of a party at 23136. Aug. 26, 1974, citing
the time of the making of an Moran, Comments on the
agreement. [Intl. Law Dict. & Rules of Court, 1963 Ed., Vol.
Direct., 2004]. 1, p. 92].
Subjective novation. Also Subject of insurance. All

Personal novation. proper-ties or risks insured
Novation by the change of by the same insurer that
either the person of the customarily are considered
debtor or of the creditor. by non-life company
[Cochingyan, Jr. v. R & B underwriters to be subject to
Surety and Insurance Co., loss or damage from the
GR L-47369. June 30, 1987]. same occurrence of any
Compare with Objective hazard insured against. [Sec.
novation. 215, IC].
Subjective phase of felony. Subject to tax. Also Liable

That portion of the execution for tax. The term connotes
of the crime starting from legal obligation or duty to
the point where the offender pay a tax. [Comm. of Int.
begins up to that point Rev. v. Procter & Gamble
where he still has control of
1108
Phil. Manufacturing Corp., generally does not have any

GR 66838. Dec. 2, 1991]. direct action against the
owner of the premises as
Sub judice. A matter that is lessor, to require the
still under consideration by a compliance of the
court. [Duhaime's Legal obligations contracted with
Dict., 2004]. the plaintiff as lessee, or vice
versa. [Marimperio v. CA, GR
Subjugation. Intl. Law. A L-40234. Dec. 14, 1987,
derivative mode of citing 10 Manresa, Sp. Civ.
acquisition by which the Code, 438]. 3. A grant by a
territory of one state is tenant of an interest in the
conquered in the course of demised premises less than
war and is thereafter his own, retaining to himself
annexed to and placed a reversion. [Mallarte v. CA,
under the sovereignty of the GR 85108. Oct. 4, 1989,
conquering state. /an citing 49 Am. Jur. 2d Sec.
example is the annexation of 480, pp. 469].
Abyssinia (now Ethiopia) by
Italy in 1935. [Cruz, Intl. Law Sublessee. The person who
Reviewer, 1996 Ed., pp. 70- leases or rents (out) a
71]. residential unit from a
sublessor. [Sec. 2, BP 877;
Sublease. 1. A contract Sec.4, RA 9161].
where there are two leases
and two distinct judicial Sublessor. The person who
relations although intimately leases or rents out a
connected and related to residential unit (previously)
each other, which unlike in a leased to him by an owner.
case of assignment of lease, [Sec. 2, BP 877; RA 9161].
where the lessee transmits
absolutely his right, and his Sublet. To make a sublease,
personality disappears; there accompanied by a surrender
only remains in the juridical of the possession and control
relation two persons, the of the premises, or at least a
lessor and the assignee who part thereof. [Mallarte v. CA,
is converted into a lessee. GR 85108. Oct. 4, 1989,
[Moreno, Phil. Law Dict., 2nd citing 51C CJS 108].
ed., p. 594]. 2. A contract in
which the personality of the Submission. An agreement
lessee does not disappear; to accept the jurisdiction of a
he does not transmit foreign court. Submission
absolutely his rights and can also be agreeing to a
obligations to the sub- valid foreign jurisdiction
lessee; and the sub-lessee clause in a contract.
1109
Appearance in a suit solely command to appear at a

to contest jurisdiction is not certain time and place to
submission. [Tetley, Glossary give testimony upon a
of Conflict of Laws, 2004]. certain matter. [Glossary of
Subordination. Being subject
to the orders or direction of Subpoena ad
another; of lower rank. testificandum. Lat. A writ
[Duhaime's Legal Dict., sent to a witness "just bring
2004]. yourself, no documents." A
process directed to a person
Subornation of perjury. The requiring him to attend and
offense of procuring another to testify at the hearing or
to take such a false oath as the trial of an action or at
would constitute perjury in any investigation conducted
the principal. [Black’s Law by competent authority, or
Dict., Abr. 5th Ed. (1983), p. for the taking of his
743]. It no longer exists in deposition. [Rule 21, RoC].
the Rev. Penal Code but the
act is punished as plain Subpoena duces tecum.
injury under Art. 183 in Lat. A writ sent to a witness
relation to Art. 17. The "turn up and bring your
inducer becomes a principal documents with you." 1. A
by inducement and the one process directed to a person
induced, a principal by direct requiring him to bring with
participation. [People v. him any books, documents,
Pudol, GR 45618. Oct. 18, or other things under his
1938]. control. [Rule 21, RoC]. 2. A
court order commanding a
Suborner. Instigator. [US v. witness to bring certain
Laserna, GR 6668. Jan. 10, documents or records to
1912]. court. [Glossary of Legal
Subpoena. 1. A process
directed to a person Subrogation. Civ. Law. 1.
requiring him to attend and The transfer of all the rights
to testify at the hearing or of the creditor to a third
the trial of an action or at person, who substitutes him
any investigation conducted in all his rights. It may either
by competent authority, or be legal or conventional.
for the taking of his [Chemphil v. CA, GR 112438-
deposition, or to bring with 39. Dec. 12, 1995, citing
him any books, documents, Tolentino, Commentaries &
or other things under his Jurisp. on the Civil Code of
control. [Rule 21, RoC]. 2. A the Phil., Vol. IV, pp. 401-
1110
402]. 2. Ins. The transfer of of unissued shares in a

rights and remedies of the corporation and would,
insured to the insurer who therefore, preclude the
has indemnified the insured acquisition of shares by
in respect of the loss. reason of subsequent
[Tiopianco, Commentaries & transfer from a stockholder
Jurisp. on the Ins. Code of or resale of treasury shares.
the Phil., 1999 Ed., p. 8]. [De Leon, Corp. Code of the
Phil. Annotated, 1989 Ed., p.
Subrogation principle. Ins. 53].
A process of legal
substitution where the Subscribers. Persons who
insurer steps into the shoes have agreed to take and pay
of the insured and avails of for original, unissued shares
the latter’s rights against the of a corporation formed or to
wrongdoer at the time of the be formed. [De Leon, Corp.
loss. [Claridades, A., Code of the Phil. Annotated,
Compilation of Notes, 2001- 1989 Ed., p. 47, citing
2006]. Ballantine on Corp., p. 375].
Subrogatory action. See Subscription. Corp. Law. Any

Acción subrogatoria. contract for the acquisition
of unissued stock in an
Sub rosa. Hidden; secret; existing corporation or a
confidential; private; under corporation still to be
wraps. [Claridades, A., formed, notwithstanding the
Compilation of Notes, 2001- fact that the parties refer to
2006]. See Appropriation it as a purchase or some
sub rosa. other contract. [Sec. 60,
Corp. Code].
Subscribe. To write
underneath, as one’s name; Subscription. Succ. The
to sign at the end of a signing of the witnesses'
document [Gamido v. names upon the same paper
National Bilibid Prisons, GR for the purpose of
114829. Mar. 1, 1995, citing identification of such paper
Black’s Law Dict., 5th Ed., as the will which was
1279]. executed by the testator [In
Re: Taboada v. Rosal, GR L-
Subscribed capital stock. 36033. Nov. 5, 1982, citing
Corp. Law. The amount of Ragsdale v. Hill, 269 SW 2d
the capital stock subscribed, 911].
whether fully paid or not. It
connotes an original
subscription by a subscriber
1111
Subsequent negligence. Subsidiary liability. Also

See Last clear chance Secondary liability. A
doctrine. personal liability which
attaches when the remedy
Subsequent punishment. against one primarily liable
Any form of punishment to has been exhausted, and
which the author of any which may be satisfied from
utterance or publication is all assets of one secondarily
subjected after making the liable [Enjay v. NLRC, GR
same. [Claridades, A., 110240. July 4, 1995, citing
Compilation of Notes, 2001- 38A, Words & Phrases 76
2006]. (1967)].
Subservient. From Lat. Subsidy. 1. The amounts

subservire: to serve under. granted to government-
Subordinate in capacity or owned or controlled
function. [Intl. Law Dict. & corporations from the
Direct., 2004]. General Fund, to cover
operational expenses that
Subsidiaries. Government- are not supported by
owned or controlled corporate revenues or to
corporations without original cover corporate deficits and
charters. [Poquiz, Labor Rel. losses. [Sec. 3, EO 518]. 2. A
Law, 1999 Ed. p. 26]. Also pecuniary aid directly
known as Corporate granted by the government
offsprings. to an individual or private
commercial enterprise
Subsidiary. Company owned deemed beneficial to the
by a parent or a parent's public. [De Leon,
holding company. Unlike a Fundamentals of Taxation,
branch, it is separately 2000 Ed., p. 20, citing 2
incorporated. [Intl. Law Dict. Britannica World Lang. Dict.,
& Direct., 2004]. 1964 Ed., p, 125]. 3. A
financial contribution made
Subsidiary corporations. by a government or other
Affiliated or secondary public body that confers a
corporations which are benefit on an enterprise,
created and administered by group of enterprises, or an
a principal/parent agency for industry. [Intl. Law Dict. &
the purpose of helping Direct., 2004].
achieve the objectives of the
latter. [Sec. 3, EO 518]. Subsistence fisherman.
Compare with Parent or One whose catch yields but
holding corporation. the irreducible minimum for
his livelihood. [Tano v.
1112
Socrates, GR 110249. Aug. own goods or in connection

21, 1997, citing Webster's 3rd with the sale or advertising
New Intl. Dict., p. 2279 of his services. [Art. 188,
(1993)]. Compare with RPC].
Marginal fisherman.
Substandard product. A
Subsisting and altering product which fails to
trademark, tradenames, comply with an applicable
or service marks. Crim. consumer product safety
Law. The felony committed rule which creates a
by: 1. any person who shall substantial risk of injury to
substitute the trade name or the public. [Art. 4, RA 7394].
trade-mark of some other
manufacturer or dealer or a Substantial amendment.
colorable imitation thereof, An amendment consisting of
for the trademark of the real the recital of facts
manufacturer or dealer upon constituting the offense
any article of commerce and charged and determinative
shall sell the same; 2. any of the jurisdiction of the
person who shall sell such court. All other matters are
articles of commerce or offer merely of form. [Teehankee
the same for sale, knowing v. Madayag, GR 103102.
that the trade-name or Mar. 6, 1992]. Compare with
trademark has been Formal amendment.
fraudulently used in such
goods; 3. any person who, in Substantial cause. A cause
the sale or advertising of his which is important but not
services, shall use or less than any other cause.
substitute the service mark [Sec. 4, RA 8800].
of some other person, or a
colorable imitation of such Substantial errors. Errors
mark; or 4. any person who, involving substantial and
knowing the purpose for controversial matters such
which the trade-name, trade- as those which affect the
mark, or service mark of a civil status or the nationality
person is to be used, prints, or citizenship of persons
lithographs, or in any way (which) cannot be corrected
reproduces such trade- under said summary
name, trade-mark, or service proceedings, but should be
mark, or a colorable threshed out in an
imitation thereof, for another appropriate action wherein
person, to enable that other the State as well as persons
person to fraudulently use who may be affected by the
such trade-name, trade- change should be notified or
mark, or service mark on his
1113
represented. Compare with enforcement. [Jurist’s Legal

Clerical errors. Dict., 2004].
Substantial evidence. Substantive due process. A

Defined to mean not guarantee that life, liberty
necessarily preponderant and property shall not be
proof as required in ordinary taken away from anyone
civil cases but such kind of without due process of law.
relevant evidence as a [Suarez, Pol. Law Reviewer,
reasonable mind might 1st Ed., 2002, p. 96].
accept as adequate to Compare with Procedural
support a conclusion. [Biak- due process.
na-Bato v. Tanco Jr., 193
SCRA 323 (1991)]. Substantive due process.
Requirements: (a) There
Substantial mutual must be a valid law upon
interests rule. One of the which it is based; (b) the law
fundamental factors in must have been passed and
determining the appropriate approved to accomplish a
collective bargaining unit, valid governmental
that is, the affinity and unity objective; (c) the objective
of the employees' interest, must be pursued in a lawful
such as substantial similarity manner; and (d) the law as
of work and duties, or well as the means to
similarity of compensation accomplish the objective
and working conditions. [San must be valid and not
Miguel Corp. v. Laguesma, oppressive. [Suarez, Pol. Law
GR 100485. Sep. 21, 1994]. Reviewer, 1st Ed., 2002, p.
96].
Substantial stockholder.
Any person who owns, Substantive due process
directly or indirectly, shares doctrine. Under the
of stock sufficient to elect a doctrine, a law may be
director of a corporation. voided when it does not
[Sec. 1, Rule IX, RA 6713]. relate to a legitimate end
and when it unreasonably
Substantive criminal law. infringes on contractual and
Law with the purpose of property rights. The doctrine
prevention of harm to as enunciated in Allgeyer v.
society which prescribed Louisiana, 165 U.S. 578
punishment for specific (1897) can be easily stated,
offenses. The basic law of thus: the government has to
rights and duties as opposed employ means (legislation)
to "remedial law" which which bear some reasonable
provides methods of relation to a legitimate end.
1114
[Nowak, Rotunda and Young, another. [Intl. Oil Factory v.

Constl. Law 436, 443 (2d Dir. of Health, GR L-13438.
Ed.)]. May 31, 1961].
Substantive law. The Substitute and special

statutory or written law that parental authority. In
governs rights and default of parents or a
obligations of those who are judicially appointed
subject to it. [Glossary of guardian, the following
Legal Terms (Pro-Se), person shall exercise
2004]. Compare with substitute parental authority
Remedial or adjective over the child in the order
law. indicated: (a) The surviving
grandparent, as provided in
Substantive private law. Art. 214, FC; (b) the oldest
Those rules which declare brother or sister, over
legal relations of litigants twenty-one years of age,
when the courts have been unless unfit or disqualified;
properly moved to action and (c) the child's actual
upon facts duly presented to custodian, over twenty-one
them. [Suarez, Stat. Con., years of age, unless unfit or
(1993), pp. 38-39, citing 24 disqualified. [Art. 216, FC].
Words & Phrases, 337].
Compare with Procedural Substituted limited
or adjective private law. partner. A person admitted
to all the rights of a limited
Substantive statutes. Laws partner who has died or has
which establish rights and assigned his interest in a
duties. [Bustos v. Lucero, 81 partnership. [Art. 1859, CC].
Phil. 640]. Compare with Assignee.
Substation. Any building, Substituted service of

room or separate place pleadings and other
which houses or encloses papers. The service of
electric supply equipment pleadings, motions, notices,
connected to transmission or resolutions, orders and other
distribution lines and the papers made by delivering
interior of which is the copy to the clerk of
accessible, as a rule, only to court, with proof of failure of
properly qualified persons. both personal service and
[Sec. 2, RA 7920]. service by mail, if service
cannot be made under the
Substitute. To put in the two latter modes to the
place of, change for, make office and place of residence
way for, take the place of of the party or his counsel
1115
being unknown. The service are merely variations of

is complete at the time of these two. [Tolentino, III Civil
such delivery. [Sec. 8, Rule Code, p. 185 (1973)]. The
13, RoC]. simple or vulgar is that
provided in Art. 859 of the
Substituted service of Civil Code while the
summons. Service of fideicommissary substitution
summons effected (a) by is described in Art. 863 of
leaving copies of the the same Code. [Ramirez v.
summons at the defendant's Vda. de Ramirez, GR L-
residence with some person 27952. Feb. 15, 1982].
of suitable age and
discretion then residing Substitutionary doctrine.
therein, or (b) by leaving the Labor. It provides that the
copies at defendant's office employees cannot revoke
or regular place of business the validly executed
with some competent person collective bargaining
in charge thereof, in case contract with their employer
where, for justifiable causes, by the simple expedient of
the defendant cannot be changing their bargaining
served within a reasonable agent. The new agent must
time as provided in Sec. 6 of respect the contract. The
the Rules of Court. [Sec. 7, employees, thru their new
RoC]. bargaining agent, cannot
renege on the collective
Substitution. Succ. The bargaining contract, except
appointment of another heir to negotiate with
so that he may enter into management for the
the inheritance in default of shortening thereof. [Benguet
the heir originally instituted. Consolidated, Inc. v. BCI
[Ramirez v. Vda. de Ramirez, Employees & Workers Union-
GR L-27952. Feb. 15, 1982, PAFLU, GR L-24711. Apr. 30,
citing Art. 857, CC]. 1968].
Substitution. Kinds: Simple Substitutionary evidence.

or common, brief or See Secondary evidence.
compendious, reciprocal,
and fideicommissary [Art. Substitution doctrine. Civ.
858, CC]. According to Law. It has been referred to
Tolentino, Although the Code as the Doctrine of
enumerates four classes, substitution. It is an arm of
there are really two principal equity that may guide or
classes of substitutions: the even force one to pay a debt
simple and the for which an obligation was
fideicommissary. The others incurred but which was in
1116
whole or in part paid by factor, overhead lines, and

another. [Fireman's Fund Ins. the land where such
Co. v. Jamila & Co., GR facilities/equipment are
27427. Apr. 7, 1976]. located, where applicable.
[Sec. 4, RA 9136].
Substitution of heirs. 1. The
appointment of another heir Suburbs. A region or place
so that he may enter into adjacent to a city; a town or
the inheritance in default of village so near it that it may
the heir originally instituted. be used for residence by
[Art. 857, CC]. 2. those who do business in the
Substitution of heirs may be: city. [Manila Electric Co. v.
(a) Simple or common; (b) Public Service Comm., GR L-
brief or compendious; (c) 21435. Feb. 28, 1966, citing
reciprocal; or (d) Act 484].
fideicommissary. [Art. 858,
CC]. Subversion. 1. Mere
membership in a subversive
Subtenant. A person who association is sufficient and
rents all or a portion of the taking up of arms by a
leased premises from the member of a subversive
lessee for a term less than organization against the
the original one, leaving a Government is but a
reversionary interest in the circumstance which raises
first lessee. [Mallarte v. CA, the penalty to be imposed
GR 85108. Oct. 4, 1989, upon the offender. [People v.
citing 49 Am. Jur. 2d Sec. Asuncion, GR 83837-42. Apr.
480, pp. 469]. 22, 1992, citing the Anti-
Subversion Act (RA 1700)].
Subtransmission assets. 2. Subversion, like treason,
The facilities related to the is a crime against national
power delivery service below security. [Buscayno v.
the transmission voltages Military Commissions, GR
and defined as facilities 58284, 109 SCRA 289
based on the functional (1981)].
assignment of assets
including, but not limited to, Succession. 1. A mode of
step-down transformers acquisition by virtue of which
solely used by load the property, rights and
customers, associated obligations to the extent of
switchyard/substation, the value of the inheritance,
control and protective of a person are transmitted
equipment, reactive through his death to another
compensation equipment to or others either by his will or
improve customer power by operation of law. [Art.
1117
774, CC]. 2. Succession may collision or injury is not

be: (a) Testamentary; (b) guilty of negligence if he
legal or intestate; or (c) makes a choice as a person
mixed. of ordinary prudence placed
in such a position might
Successional rights, when take, even though he did not
transmitted. The rights to make the wisest choice and
the succession are one that would have been
transmitted from the required in the exercise of
moment of the death of the ordinary care but for the
decedent. [Art. 777, CC]. emergency. [Moreno’s Law
Dict., 2000 Ed., p. 452].
Successor. A person who
takes over the rights of Sue and labor clause. Mar.
another. [Duhaime's Legal Ins. A clause under which
Dict., 2004]. the insurer may become
liable to pay the insured, in
Successor-in-interest. One addition to the loss actually
to whom the debtor has suffered, such expenses as
transferred his statutory he may have incurred in his
right of redemption; one to efforts to protect the
whom the debtor has property against a peril for
conveyed his interest in the which the insurer would
property for the purpose of have been liable.
redemption; or one who
succeeds to the interest of Sufferance. Toleration;
the debtor by operation of negative permission by not
law; or one or more joint forbidding; passive consent;
debtors who were joint license implied from the
owners of the property sold; omission or neglect to
or the wife as regards her enforce an adverse right.
husband's homestead by [Black’s Law Dict., Abr. 5th
reason of the fact that some Ed. (1983), p. 1].
portion of her husband's title
passes to her. [Magno v. Sufficiency of facts test.
Viola, GR 37521. Dec. 22, The test of sufficiency of the
1934]. facts found in a complaint as
constituting a cause of
Sudden peril. A doctrine action is whether or not
which provides that an admitting the facts alleged
automobile driver who, by the court can render a valid
the negligence of another, is judgment upon the same in
suddenly placed in an accordance with the prayer
emergency and compelled to thereof The hypothetical
act instantly to avoid admission extends to the
1118
relevant and material facts Sufficient provocation.

well pleaded in the Requisites: (a) Provocation
complaint and inferences must be sufficient; (b) it
fairly deducible therefrom. must be immediate to the
Hence, if the allegations in commission of the crime;
the complaint furnish and (c) it must originate
sufficient basis by which the from the offended party.
complaint can be [Gregorio, Fund. of Crim.
maintained, the same should Law Rev., 1997 9th Ed., p.
not be dismissed regardless 91].
of the defense that may be
assessed by the defendants. Sufficient standard test.
[Navoa v. CA, 251 SCRA 545 The test to determine
(1995)]. whether or not there is a
valid delegation of legislative
Sufficient lapse of time. A power under which there
period of time long enough must be adequate guidelines
to justify that the crime was or limitations in the law to
committed with deliberate map out the boundaries of
premeditation the delegate's authority and
(premeditacion conocida,) prevent the delegation from
because, in a judicial sense, running riot. [Eastern
it afforded full opportunity Shipping Lines, Inc. v. POEA,
for meditation and reflection, GR L-76633. Oct. 18, 1988].
and was amply sufficient to Compare with
allow his conscience to Completeness test.
overcome the resolution of
his will (vencer las Suffocation. A layman's term
determinaciones de la for asphyxia, which is the
voluntad) had he desired to result of any impairment of
hearken to its warnings. [US the process of respiration
v. Gil, 13 Phil. 530 (1909)]. which may be due to any
cause which prevents the
Sufficient provocation. ingress of air in the
Provocation that is adequate respiratory passages, as in
to excite the person to cases of hanging,
commit the wrong and must strangulation, throttling,
accordingly be proportionate drowning, choking,
to its gravity and must also smothering and pressure on
immediately precede the act the chest. [Moreno’s Law
to constitute a mitigating Dict., 2000 Ed., p. 452].
circumstance. [People v. Tan
Cui, GR L-22697. Oct. 5, Suffrage. The right to vote in
1976]. an election. It is the
expression of the sovereign
1119
will of the people. [Suarez, Compare with Willful

Pol. Law Reviewer, 1st Ed., exposure to needless
2002, p. 271]. peril.
Sugar Act of 1952. RA 809 Suicide attempts. Legal

entitled “An Act to regulate Med. Actions that are
the relations among persons intended to be fatal but
engaged in the sugar don’t succeed. [Olarte, Legal
industry” enacted on June Med., 1st Ed. (2004), p. 139].
22, 1952.
Suicide gestures. Legal
Sugar quota. A certain Med. Suicide plans and
number of sugar piculs, actions that appear unlikely
assigned to a sugar planter to be fatal. [Olarte, Legal
which he is required to mill Med., 1st Ed. (2004), p. 138].
for every crop year in a
designated milling district. Sui generis. Lat. Of its own
[Moreno’s Law Dict., 2000 kind or class; i.e., the only
Ed., p. 452]. one of its kind; peculiar.
[Black's Law Dict., Abr. 5th
Sugar Regulatory Ed. (1987), p. 747].
Administration. The
agency created by virtue of Sui juris. A person who
EO 18 which was signed into possesses full civil rights and
law on May 28, 1986 to, is not under any legal
among others, promote the incapacity such as being
growth and development of bankrupt, of minor age or
the sugar industry. mental incapacity. Most
adults are sui juris.
Suicidal behavior. Legal [Duhaime's Legal Dict.,
Med. The final act in a 2004].
course of self-destruction.
[Olarte, Legal Med., 1st Ed. Suit. The prosecution or
(2004), p. 138]. pursuit of some claim or
demand in court. [Albano,
Suicidal impulse. Legal Med. Rem. Law Reviewer, 1st Ed.,
A strong desire to kill p. 70, citing 1 Am. Jur. 407].
oneself, usually in acute
depression. [Olarte, Legal Suitable employment.
Med., 1st Ed. (2004), p. 151]. Remunerative occupation
giving the rehabilitee
Suicide. A positive act of earning at least equal to the
ending one’s (own) life. [Sun statutory minimum wage.
Insurance Office, Ltd. v. CA, [Sec. 1, Rule 9, Rules on
GR 92383. July 17, 1992]. Employees Compensation].
1120
of a deceased person is
Suitable for economic valued, his debts are paid,
family-size farm. It refers his will, if any is allowed, the
to situations where a parcel heirs and legatees are
of land whose declared, and distribution is
characteristics, such as made, all in a single hearing
climate, soil, topography, and a single order, so far as
availability of water and this is practicable, without
location, will support a farm the appointment of any
family if operated in administrator or executor.
economic family-size farm [Moreno’s Law Dict., 2000
units and does not include Ed., p. 453].
those where large-scale
operations will result in Summary hearing. Rem.
greater production and more Law. Such brief and speedy
efficient use of land. [Sec. method of receiving and
166, RA 3844]. considering the evidence of
guilt as is practicable and
Suitable substitute. That consistent with the purpose
kind of article which would of the hearing which is
serve substantially the same merely to determine the
purpose or produce weight of the evidence for
substantially the same purposes of bail. [Siazon v.
results as the brand, type, or Presiding Judge of Davao
make of article originally City, GR L-34156-58. Oct. 29,
desired or requisitioned. 1971].
[Sec. 357, LGC].
Summary judgment. Also
Suits against state. Suits Accelerated judgment. 1.
with relation to matters in A device for weeding out
which the State agencies sham claims or defenses at
have assumed to act in a an early stage of the
private or nongovernmental litigation, thereby avoiding
capacity, and various suits the expense and loss of time
against the State. [PNR v. involved in a trial. The very
IAC, GR 70547. Jan. 22, object is to separate what is
1993, citing 81 CJS 1319]. formal or pretended in denial
or averment from what is
Sultada. Tag. Match of the genuine and substantial, so
roosters. [Jamago v. Arrieta, that only the latter may
GR L-20876. July 30, 1965]. subject a suitor to the
burden of a trial. [Excelsa
Summary distribution. A Industries v. CA, GR 105455.
procedure by which, in a Aug. 23, 1995]. 2. A
summary manner, the estate judgment given on the basis
1121
of pleadings, affidavits, and halide bulb which may be

exhibits presented for the located above the sea
record without any need for surface or submerged in the
a trial. It is used when there water. It consists of a ballast,
is no dispute as to the facts regulator, electric cable and
of the case and one party is socket. The source of energy
entitled to a judgment as a comes from a generator,
matter of law. [Glossary of battery or dynamo coupled
Legal Terms (Pro-Se), 2004]. with the main engine. [Sec.
4, RA 8550].
Summary judgment
procedure. A method for Supermarket. A place
promptly disposing of designated by municipal
actions in which there is no authorities of a city or of an
genuine issue as to any incorporated town for the
material fact. [De Leon v. sale of grocery goods, food
Faustino, GR L-15804. Nov. stuffs, dry goods, liquor, and
29, 1960]. other commodities such as
meat, fresh fruits, poultry
Summons. 1. A writ by which products, milk and
the defendant is notified of vegetables necessary or
the action brought against convenient for the
him. Service of such writ in subsistence of the
the means by which the community that are
court may acquire refrigerated. [Kamuning
jurisdiction over his person. Theater, Inc. v. Quezon City,
Trial and judgment without GR L-19136. Feb. 28, 1963].
such service is null and void.
[Olar v. Cuna, GR L-47935. Supersedeas. A suspension
May 5, 1979]. 2. Instrument of the power of the court
used to commence a civil below to issue an execution
action or special proceeding; on the judgment or decree
the means of acquiring appealed from; or, if a writ of
jurisdiction over a party. execution has issued, it is a
[Glossary of Legal Terms prohibition emanating from
(Pro-Se), 2004]. the court of appeals against
the execution of the writ.
Sumpak. Tag. Home-made [Watson & Co. v. Enriquez, 1
shotgun. [People v. Valencia, Phil. 480-484, citing Hovey v.
GR 94511-13. Sep. 18, McDonald, 109 US, 150].
1992].
Supersedeas bond. A bond
Superlight. Also called required of one who
Magic light. A type of light petitions to set aside a
using halogen or metal judgment or execution and
1122
from which the other party their filial relationship. [Sec.

may be made whole if the 3, RA 8552].
action is unsuccessful.
[Black's Law Dict., Abr. 5th Supervision. Admin. Law.
Ed. (1987), p. 749]. Overseeing or the power or
authority of an officer to see
Supervening event. 1. Facts that subordinate officers
and events transpiring after perform their duties. If the
the judgment or order had latter fail or neglect to fulfill
become executory which them the former may take
would justify the suspension such action or step as
or nullification of the prescribed by law to make
execution of a final and them perform these duties.
executory judgment. [Javier [Mondano v. Silvosa, GR L-
v. CA, GR 96086. July 21, 7708. May 30, 1955].
1993]. 2. It would arise if an Compare with Control.
event occurs after the
decision which would nullify, Supervision and control.
or render impossible or The authority to act directly
inequitable, enforcement whenever a specific function
thereof. [La Campana Food is entrusted by law or
Products v. CIR, GR L-27907. regulation to a subordinate;
May 22, 1969]. direct the performance of
duty; restrain the
Supervise. To oversee, to commission of acts; review,
have oversight of, to approve, reverse or modify
superintend the execution of acts and decisions of
or the performance of a subordinate officials or units;
thing, or the movements or determine priorities in the
work of a person; to inspect execution of plans and
with authority; to inspect programs. Unless a different
and direct the work of a meaning is explicitly
person; to inspect with provided in the specific law
authority; to inspect and governing the relationship of
direct the work of others. particular agencies the word
[Rodriguez v. Montinola, 94 control shall encompass
Phil. 964]. supervision and control as
defined herein. [Llamas v.
Supervised trial custody. A Orbos, GR 99031. Oct. 15,
period of time within which a 1991, citing Admin. Code of
social worker oversees the 1987].
adjustment and emotional
readiness of both adopter(s) Supervisor. See
and adoptee in stabilizing Coordinator.

1123
Supervisory employees. Supplemental procurement

Those who, in the interest of plan or procurement
the employer, effectively program. The itemized list
recommend such managerial showing the required
actions if the exercise of supplies in a fiscal year not
such authority is not merely covered in the annual or
routinary or clerical in nature amendatory procurement
but requires the use of plan or program. [IRR on
independent judgment. [Art. Supply & Prop. Mgt., per Sec.
212, LC]. 383, LGC].
Supplement. Something that Supplementary unit. A unit

exists side by side with the which is neither a base nor a
original. It does not replace derived unit. [Sec. 4, BP 8].
that which it supplements.
[Aznar III, v. Bernard, GR Supplements. The extra
81190, May 9, 1988]. remuneration or special
privileges or benefits given
Supplemental budget. A to or received by the
supplementary financial plan laborers over and above
embodying changes during their ordinary earnings or
the fiscal year in the annual wages. [Atok-Big Wedge
estimates of income and Assn. v. Atok-Big Wedge Co.,
appropriations. [Sec. 14, PD L-7349. July 19, 1955; 51 OG
477]. 3432].
Supplemental pleadings. Supplier. 1. A person, other

Additional pleadings setting than a consumer, who in the
forth transactions, course of his business,
occurrences or events which solicits, offers, advertises, or
have happened since the promotes the disposition or
date of the pleading sought supply of a consumer
to be supplemented and product or who other than
which the court, upon the consumer, engages in,
motion of a party, upon enforces, or otherwise
reasonable notice and upon participates in a consumer
such terms as are just, may transaction, whether or not
permit him to serve. The any privity of contract
adverse party may plead actually exists between that
thereto within ten (10) days person and the consumer,
from notice of the order and includes the successor
admitting the supplemental to, or assignee of, any right
pleading. [Sec. 6, Rule 10, or obligation on of the
RoC]. supplier. [Art. 4, RA 7394]. 2.
A person, firm or
1124
manufacturer who furnishes July 17, 1995]. Compare with

or sells the supplies or Equipment.
property needed or required
by a local government unit. Supply of electricity. The
It is synonymous to dealer, sale of electricity by persons
bidder, offerer, seller or or entities authorized
contractor. [IRR on Supply & pursuant to RA 9136. [Sec.
Prop. Mgt., per Sec. 383, 4, RA 9136].
LGC].
Supply of electricity
Supplier of electricity. Any charge. The charge
person or entity authorized imposed by electricity
by the Energy Regulatory suppliers for the sale of
Commission (ERC) to sell, electricity to end-users,
broker, market or aggregate excluding the charges for
electricity to the end-users. generation, transmission and
[Sec. 4, RA 9136]. distribution wheeling, [Sec.
4, RA 9136].
Supplies. The term includes
everything, except real Support. That which
property, which may be comprises everything
needed in the transaction of indispensable for
public business or in the sustenance, dwelling,
pursuit of any undertaking, clothing, medical
project, or activity, whether attendance, education and
in the nature of equipment, transportation, in keeping
furniture, stationary with the financial capacity of
materials for construction or the family. [Art. 194, FC].
personal property of any
sort, including non-personal Support pendente lite. A
or contractual services such provisional remedy in the
as the repair and form of an order issued by a
maintenance of equipment judge before whom the
and furniture, as well as proper action is pending
trucking, hauling, janitorial, granting an allowance for
security, and related sustenance, dwelling,
services. [Sec. 357, LGC]. clothing, education and
medical attendance to the
Supply. Any article furnished party/parties entitled
for carrying on the work thereto. [Katarungang
which from its nature is Pambarangay Rules].
necessarily so consumed by
use in the work. [Kilosbayan, Support person. A person
Inc. v. Morato GR 118910. chosen by the child to
accompany him to testify at
1125
or attend a judicial as the debtor in relation to

proceeding or deposition to whatever is adjudged
provide emotional support touching the obligation of
for him. [Sec. 4 (f), AM 00-4- the latter, and their liabilities
07-SC]. are interwoven as to be
inseparable. [PNB v. Pineda,
Suppress. To forbid the use GR 46658. May 13, 1991]. 2.
of evidence at a trial The insurer of the debt (who)
because t is improper or was obligates himself to pay if
improperly obtained. the principal does not pay.
[Glossary of Legal Terms [Machetti v. Hospicio, 43
(Pro-Se), 2004]. See also Phil. 297]. 3. The person who
Exclusionary rule. has pledged him or herself
to pay back money or
Supremacy of the law. perform a certain action if
Doctrine that all persons, the principal to a contract
including the sovereign, are fails, as collateral, and as
subordinate to the rule of part of the original contract.
law. [Intl. Law Dict. & Direct., Technically, where a person
2004]. provides collateral after or
before the original contract
Supreme Court. The highest is signed, and as a separate
court in the land, established contract, the person is called
by the Philippine a “guarantor" and not a
Constitution. [Claridades, A., "surety." [Duhaime's Legal
Compilation of Notes, 2001- Dict., 2004]. Compare with
2006]. Guarantor.
Supreme Court Reports Surety bond. A bond

Annotated. Abbrev. SCRA. purchased at the expense of
Publication of court decisions the estate to insure the
of the Supreme Court since executor's proper
1961. [Claridades, A., performance. [Glossary of
Compilation of Notes, 2001- Legal Terms (Pro-Se),
2006]. 2004]. Also referred to as
Fidelity bond.
Surcharge. An amount
imposed by law as an Suretyship contract. 1. An
addition to the main tax in agreement whereby a party
case of delinquency. called the surety guarantees
[Moreno’s Law Dict., 2000 the performance by another
Ed., p. 455]. party called the principal or
obligor of an obligation or
Surety. 1. It is considered in undertaking in favor of a
law as being the same party third party called the
1126
obligee. [Sec. 175, IC] 2. It is one to the other, provided

deemed an insurance that (a) the parties are heirs
contract, within the meaning to one another; (b) there is
of the Insurance Code, only no proof as to who died first;
if made by a surety who or and (c) there is doubt as to
which, as such, is doing an who died first. [Art. 43, CC].
insurance business. [Sec. 2, 2. Presumption based on the
IC]. probabilities resulting from
the strength and age of the
Surface water. All water, sexes of two persons who
which is open to the perish in the same calamity,
atmosphere and subject to such as wreck, battle, or
surface runoff. [Sec 4, RA conflagration, and it is not
9275]. shown who died first, and
there are no particular
Surname or family name. circumstances from which it
That which identifies the can be inferred, in
family to which he belongs accordance with the
and is continued from parent following rules: (a) If both
to child. the surname to were under the age of fifteen
which the child is entitled is years, the older is presumed
fixed by law. [Rep. v. to have survived; (b) if both
Hernandez, GR 117209. Feb. were above the age of sixty,
9, 1996]. Compare with the younger is presumed to
Given or proper name. have survived; (c) if one is
under fifteen and the other
Surplus property. A above sixty, the former is
property no longer needed presumed to have survived;
by a local government unit. (d) if both be over fifteen
[IRR on Supply & Prop. Mgt., and under sixty, and the
per Sec. 383, LGC]. sexes be different, the male
is presumed to have
Survivorship survived; if the sexes be the
disqualification rule. See same, then the older; and (e)
Dead man statute. if one be under fifteen or
over sixty, and the other
Survivorship presumption. between those ages, the
1. The disputable latter is presumed to have
presumption that, as survived. [Sec. 3(jj), Rule
between two or more 131, RoC].
persons who are called to
succeed each other, they Suspension. A temporary
died at the same time and loss of the right to practice
there shall be no law by an attorney.
transmission of rights from
1127
[Glossary of Legal Terms offenders and is designed

(Pro-Se), 2004]. primarily to save the minor
offenders from the stigma of
Suspension of arms. Intl. criminal record. [Moreno’s
Law. The temporary Law Dict., 2000 Ed., p. 457].
cessation of hostilities by
agreement of the local Suspensive condition or
commanders for such condition precedent. One
purposes as the gathering of which suspends the
the wounded and the burial demandability of the
of the dead. [Cruz, Intl. Law obligation until the
Reviewer, 1996 Ed., pp. 143- happening of the event.
144]. [Diaz, Bus. Law Rev., 1991
Ed., p. 10]. Compare with
Suspension of execution of Resolutory condition.
sentence. A disposition
under which a defendant, Suspensive period (ex die).
after conviction and The obligation begins only
sentence, is released. Its from a day certain upon the
objective primarily is to save arrival of the period. [Diaz,
the accused from the Bus. Law Rev., 1991 Ed., p.
corrosive effects of 16].
imprisonment and the
stigma of incarceration. Sustain. A court ruling
[Moreno’s Law Dict., 2000 upholding an objection or a
Ed., p. 457]. motion. [Glossary of Legal
Suspension of payment.
Under the Insolvency Law, Sustainable development.
the postponement of the The improvement in the
payment of the debts of a quality of life of the present
debtor who, possessing and future generations
sufficient properties to cover through the
his debts, and foreseeing the complementation of
impossibility of meeting development and
them when they respectively environmental protection
fall due, petitions the court activities. [Sec. 3, RA 7611].
that he be declared in a
state of suspension of Sustainable traditional
payments. [Moreno’s Law resource rights. The rights
Dict., 2000 Ed., p. 457]. of Indigenous Cultural
Communities/Indigenous
Suspension of sentence. A Peoples (ICCs/IPs) to
concept of probation sustainably use, manage,
intended to benefit minor protect and conserve a)
1128
land, air, water, and Suum jus, summa injuria.

minerals; b) plants, animals Lat. The abuse of right is the
and other organisms; c) greatest possible wrong.
collecting, fishing and [Moreno’s Law Dict., 2000
hunting grounds; d) sacred Ed., p. 457].
sites; and e) other areas of
economic, ceremonial and Swear. To put on oath; to
aesthetic value in declare on oath the truth of
accordance with their a pleading, etc. [Gamido v.
indigenous knowledge, National Bilibid Prisons, GR
beliefs, systems and 114829. Mar. 1, 1995, citing
practices. [Sec. 4, RA 8371]. Black’s Law Dict., 5th Ed., Id.,
1298].
Sustained-yield
management. Continuous Swindling. See Estafa.
or periodic production of
forest products in a working Swindling a minor. Crim.
unit with the aid of achieving Law. The felony committed
at the earliest practicable by any person who, taking
time an approximate advantage of the
balance between growth and inexperience or emotions or
harvest or use. This is feelings of a minor, to his
generally applied to the detriment, shall induce him
commercial timber resources to assume any obligation or
and is also applicable to the to give any release or
water, grass, wildlife, and execute a transfer of any
other renewable resources of property right in
the forest. [Sec. 3, PD 705]. consideration of some loan
of money, credit or other
Sustenance fishing. See personal property, whether
Municipal fishing. the loan clearly appears in
the document or is shown in
Susuray-suray. Tag. In a any other form. [Art. 317,
wobbling motion. [People v. RPC].
Relucio, GR L-38790. Nov. 9,
1978]. Swindling, other forms of.
Suum cuique tribuere. Lat. committed by (a) any person
Render unto each person who, pretending to be owner
what is due him. It is a of any real property, shall
supreme norm of justice convey, sell, encumber or
which the law develops. mortgage the same; (b) any
[Moreno’s Law Dict., 2000 person, who, knowing that
Ed., p. 457]. real property is encumbered,
shall dispose of the same,
1129
although such encumbrance (for orders and decorations),

be not recorded; (c) the identification, authority and
owner of any personal a sign of dignity (for coat-of-
property who shall arms, logo and insignia).
wrongfully take it from its [Sec. 3, RA 8491].
lawful possessor, to the
prejudice of the latter or any Symbolic delivery. With
third person; (d) any person regard to movable property,
who, to the prejudice of delivery shall be deemed
another, shall execute any made by the delivery of the
fictitious contract; (e) any keys of the place or
person who shall accept any depository where it is stored
compensation given him or kept. [Art. 1498, CC].
under the belief that it was
in payment of services Synallagmatic contract. A
rendered or labor performed civil law term for a reciprocal
by him, when in fact he did or bilateral contract: one in
not actually perform such which both parties provide
services or labor; or (f) any consideration. A contract of
person who, while being a sale is a classic example,
surety in a bond given in a where one party provides
criminal or civil action, money and the other, goods
without express authority or services. A gift is not a
from the court or before the synallagmatic contract.
cancellation of his bond or [Duhaime's Legal Dict.,
before being relieved from 2004].
the obligation contracted by
him, shall sell, mortgage, or, Synchronization. The act or
in any other manner, result of synchronizing;
encumber the real property concurrence of events or
or properties with which he motions in respect to time.
guaranteed the fulfillment of [Osmeña v. Comelec, GR
such obligation. [Art. 316, 100318. July 30, 1991].
RPC].
Synchronize. To happen or
Syllabus. A brief summary of take place at the same time;
a legal rule or significant to represent or arrange
facts in a case, which along event so as to indicate
with other syllabi or head coincidence or coexistence;
notes, precedes the printed to cause to agree in time.
opinion in reports. [Osmeña v. Comelec, GR
100318. July 30, 1991].
Symbol. Any conventional
sign which reveals man's Syndicate. 1. Crim. Law. It
achievement and heroism consists of five or more
1130
persons formed with the

intention of carrying out the
unlawful or illegal act,
transaction, enterprise or
scheme. [Sec. 1, PD 1689].
2. Labor. Three or more
persons (who) conspire or
confederate with one
another in carrying out any
unlawful or illegal
transaction, enterprise or
scheme. [Art. 38(b), LC, as
amended by RA 8042].
Syndicated crime group.

See Organized crime
group.
-T-
Tacit acceptance of the
inheritance. An acceptance
resulting from acts by which
the intention to accept the
inheritance is necessarily
implied, or which one would
have no right to do except in
the capacity of an heir. [Art.
1049, CC].
Tacita reconduccion. Sp.

Implied renewal of lease.
[Chua v. CA, GR 106573.
Mar. 27, 1995, citing Art.
1670, CC].
Tacita reconduccion.
Elements: (a) the term of the
original contract of lease has
expired; (b) the lessor has
not given the lessee a notice
to vacate; and (c) the lessee
1131
continued enjoying the thing Tagayan. Tag. The local term

leased for fifteen days with for a group drinking session
the acquiescence of the where a single glass is used
lessor. This acquiescence and each person takes his
may be inferred from this turn drinking a fixed amount
failure to serve a notice to of liquor from the glass.
quit. [Arevalo Gomez Corp. [People v. Canceran, GR
v. Lao Hian Liong, 148 SCRA 104866. Jan. 31, 1994].
372 (1987)].
Tailings disposal system. A
Tacit or implied combination of methods,
ratification. It is equipment and manpower
understood that there is a used in handling,
tacit ratification if, with transporting, disposal or
knowledge of the reason impounding mill tailings.
which renders the contract [Sec. 4, DENR Admin. Order
voidable and such reason 95-23].
having ceased, the person
who has a right to invoke it Tailor. One who makes or
should execute an act which repairs men's outer
necessarily implies an garments, or makes cloaks,
intention to waive his right. heavy-close-fitting gowns,
[Art. 1393, CC]. etc., for women; usually
restricted to one who makes
Tacking possession. The clothes to order. [Hashim v.
computation of time Posadas, GR 24402. Feb. 19,
necessary for prescription 1926, citing The Standard
where the present possessor Dict.]. Compare with
may complete the period Clothier.
necessary for prescription by
tacking his possession to Take, or attempt to take,
that of his grantor or by intimidation. Willfully to
predecessor in interest; take, or attempt to take, by
however, this provision putting in fear of bodily
(under Art. 1138 of the Civil harm. [People v. Alfeche, GR
Code) applies only where 102070. July 23, 1992].
there is privity between the
successive possessors. Taking. The term imports a
[Razote v. Razote, 49 Phil. physical dispossession of the
182; and Lacson v. owner, as when he is ousted
Government, 39 Phil. 631]. from his land or relieved of
his watch or his car and is
Taga-tari. Tag. See Gaffer. thus deprived of all
beneficial use and
enjoyment of his property.
1132
[Cruz, Constl. Law, 1998 Ed., SCRA 336, 337. Aug. 15,
p. 69]. 1974].
Taking advantage of Talangka. Tag. Small crabs.

official position in the [People v. Rejano, GR
commission of the 105669-70. Oct. 18, 1994].
offense. An aggravating
circumstance that requires Talipapa. Tag. A
that the accused, as a public conglomeration of vendors’
officer, used the influence or stalls. [Villanueva v.
reputation of his position for Castañeda, GR L-61311. Sep.
the purpose of committing 21, 1987].
the crime. [Art. 14 (1), RPC].
Tamper. To interfere
Taking advantage of improperly or in violation of
superior strength. Using the law such as to tamper
purposely excessive force with a document.
out of proportion to the [Duhaime's Legal Dict.,
means of defense available 2004].
to the person attacked.
[People v. Canciller, GR Tanggero. Tag. The person
97296. Mar. 4, 1992]. who refills the glass so the
other persons present in a
Taking of property for group drinking session
purposes of eminent locally termed as “tagayan”
domain. Elements: (a) The could take their turn in
expropriator must enter a drinking. [People v.
private property; (b) the Canceran, GR 104866. Jan.
entrance into private 31, 1994].
property must be for more
than a momentary period; Tank barge. Any tank vessel
(c) the entry into the not equipped with a means
properly should be under of self propulsion. [Sec. 3, PD
warrant or color of legal 600].
authority; (d) the property
must be devoted to a public Tank vessel. Any vessel
use or otherwise informally especially constructed or
appropriated or injuriously converted to carry liquid
affected; and (e) the bulk cargo in tanks. [Sec. 3,
utilization of the property for PD 600].
public use must be in such a
way to oust the owner and Tape printout. An adding
deprive him of all beneficial machine-like tape containing
enjoyment of the property. the names of all candidates
[Rep. v. Vda. de Castellvi, 58 and the corresponding votes
1133
obtained per precinct Tariff and Customs Code of

directly produced by the 1978. PD 1464 entitled “A
counting machine. [Sec. 2, Decree to consolidate and
RA 8046]. codify all the tariff and
customs laws of the
Tarantado. Reckless. [People Philippines” signed into law
v. Tejada, GR L-55028. Aug. on June 11, 1978.
31, 1981].
Tariff bill. A bill filed in
Tardiness. The failure to Congress proposing rates or
arrive at a time set; lack of duties to be imposed on
punctuality or not arriving on imported articles.
time. This definition [Claridades, A., Compilation
inevitably implies that an of Notes, 2001-2006].
officer or employee may, in
one working day, incur Task. A major element of
tardiness twice – one in the work or combination of
morning and another in the elements by means of which
afternoon. [Ejercito-Domider, a specific result is achieved.
Ma. Teresita, CSC Res. 00- [Sec. 1, Rule 1, IRR of LC].
1640, July 13, 2000].
Tax. 1. A financial obligation
Tari. Tag. Gaffs. [Banawa v. imposed by a state on
De Jesus, AM 1381. June 29, persons, whether natural or
1982]. juridical, within its
jurisdiction, for property
Tariff. 1. A book of rates owned, income earned,
drawn usually in alphabetical business or profession
order containing the names engaged in, or any such
of several kinds of activity analogous in
merchandise with the character for raising the
corresponding duties to be necessary revenues to take
paid for the same. [De Leon, care of the responsibilities of
Fundamentals of Taxation, government. [Rep. v. Phil.
2000 Ed., p. 21]. 2. The Rabbit Bus Lines, GR L-
duties payable on goods 26862. Mar. 30, 1970]. 2. A
imported or exported. [PD sum of money imposed on
230]. 3. The system or incomes, sales, or property
principle of imposing duties by a government for its
on the importation (or support. [Intl. Law Dict. &
exportation) of goods. Direct., 2004].
[Black’s Law Dict., 3rd Ed., p.
1703]. Taxable income. 1. The
pertinent items of gross
income specified in the
1134
National Internal Revenue privileged to enjoy its

Code, less the deductions benefits and must, therefore,
and/or personal and bear its burdens. [Teodoro &
additional exemptions, if De Leon, Law on Income
any, authorized for such Taxation, 11th Ed. (2001), p.
types of income by said 1, citing 51 Am. Jur. 341; 1
Code or other special laws. Cooley 72-93].
[Sec. 31, NIRC, as amended].
2. The income against which Tax avoidance. 1. The use
tax rates are applied to by the taxpayer of legally
compute tax paid; gross permissible alternative tax
income of businesses or rates or methods of
adjusted gross income of assessing taxable property
individuals less deductions or income, in order to avoid
and exemptions. [Glossary of or reduce tax liability. It is
Legal Terms (Pro-Se), 2004]. not punishable by law. [De
Leon, Fundamentals of
Taxable value. See Taxation, 2000 Ed., p. 59]. 2.
Assessed value. Taking advantage of legal or
arguably legal tax loopholes.
Taxable year. The calendar [Intl. Law Dict. & Direct.,
year, or the fiscal year 2004]. Also called as Tax
ending during such calendar minimization. Compare
year, upon the basis of with Tax evasion.
which the net income is
computed. [Sec. 22, NIRC, as Tax benefit rule. The
amended]. recovery of bad debts
previously allowed as
Tax amnesty. One-time deduction in the preceding
authorization for taxpayers years shall be included as
to pay delinquent taxes and part of the gross income in
thereby avoid possible the year of recovery to the
prosecution. [Intl. Law Dict. extent of the income tax
& Direct., 2004]. benefit of said deduction.
[Teodoro & De Leon, Law on
Taxation. The process or Income Taxation, 11th Ed.
means by which the (2001), p. 158, citing NIRC,
sovereign, through its as amended].
lawmaking body, raises
income to defray the Tax capitalization. The
necessary expenses of reduction in the price of the
government. It is a method taxed object equal to the
of apportioning the cost of capitalized value of future
government among those taxes which the purchaser
who in some measure are expects to be called upon to
1135
pay. [De Leon, 1 Cooley, Taxation, 4th Ed., p.

Fundamentals of Taxation, 61 (1924)].
2000 Ed., p. 56].
Tax evasion. 1. A term that
Tax credit. 1. The taxpayer’s connotes fraud through the
right to deduct from the use of pretenses and
income tax due, the amount forbidden devices to lessen
of tax he has paid to a or defeat taxes. [Yutivo Sons
foreign country subject to Hardware Co. v. CA, GR L-
limitations. It may also refer 13203. Jan. 28, 1961]. 2. The
to the amount which is use by the taxpayer of illegal
allowed as a deduction of or fraudulent means to
Philippine income tax. defeat or lessen the
[Teodoro & De Leon, Law on payment of a tax. It is
Income Taxation, 11th Ed. punishable by law. [De Leon,
(2001), p. 124]. 2. Any of the Fundamentals of Taxation,
credits against taxes 2000 Ed., p. 58]. 3. The
extended to a registered intentional
enterprise by RA 5186, to misrepresentation or
evidence which a tax credit concealment of a person's
certificate shall be issued by tax obligations. [Intl. Law
the Bureau of Internal Dict. & Direct., 2004]. Also
Revenue. [Sec. 3, RA 5186]. known as Tax dodging.
Compare with Tax
Tax dodging. See Tax avoidance.
evasion.
Tax exemption. 1. The grant
Taxes. 1. Financial burdens of immunity to particular
imposed for the purpose of persons or corporations or to
raising revenues with which persons or corporations of a
to defray the cost of the particular class from a tax
operation of the which persons and
Government. [Board of corporations generally within
Assessment Appeals v. CTA, the same state or taxing
8 SCRA 225]. 2. The jurisdiction are obliged to
enforced proportional pay. [De Leon,
contributions from persons Fundamentals of Taxation,
and property levied by the 2000 Ed., p. 60]. 2. An
state by virtue of its immunity or privilege; it is
sovereignty for the support freedom from a financial
of government and for all charge or burden to which
public needs. [Rep. v. Phil. others are subjected.
Rabbit Bus Lines, GR L- [Greenfield v. Meer, 77 Phil.
26862. Mar. 30, 1970, citing 394].

1136
Tax minimization. See Tax taxed multiple times as they

avoidance. move through the
production or service chain.
Taxpayer. 1. Any person By comparison, a VAT taxes
subject to tax imposed by only the value that is added
Title II of the NIRC, as by an enterprise to the
amended. [Sec. 22, NIRC]. 2. goods and services it sells,
A person who must pay a not its gross value. By
tax. [Intl. Law Dict. & Direct., avoiding pyramiding, the
2004]. VAT subjects all final goods
and services to the same
Taxpayer's suit. Action or level of taxation, thereby
proceedings initiated by one achieving greater neutrality
or more taxpayers in their and greater fairness.
own behalf or, conjunctively, [http://sme.com.ph].
in representation of others
similarly situated for the Tax Reform Act of 1997. RA
purpose of declaring illegal 8424 entitled “An Act
or unauthorized certain acts amending the National
of public officials which are Internal Revenue Code, as
claimed to be injurious to amended, and for other
their common interests as purposes” enacted on Dec.
such taxpayers [Kilosbayan 11, 1997. See National
v. Guingona, GR 113375. Internal Revenue Code.
May 5, 1994, citing Cf. 71
Am Jur 2d., 179-180]. Tax statutes. Laws which
impose rules and regulations
Taxpayer's suit. Requisites: related to taxation or to the
(a) That public funds are creation of particular sources
disbursed by a political of revenue such as taxes,
subdivision or fees and charges that are
instrumentality and in doing needed for the support of
so, a law is violated or some government and for all
irregularity is committed; public needs. [Suarez, Stat.
and (b) that the petitioner is Con., (1993), p. 91].
directly affected by the
alleged ultra vires act. Tax treaty. A bilateral
[Bugnay Construction v. convention (but may be
Laron, 176 SCRA 240 made multilateral) entered
(1989)]. into between sovereign
states for purposes of
Tax pyramiding. It occurs eliminating double taxation
because goods and services on income and capital,
that are inputs into higher preventing fiscal evasion,
stages of production are promoting mutual trade and
1137
investment, and according v. CA, GR L-47745. Apr. 15,

fair and equitable tax 1988].
treatment to foreign
residents or nationals. Teachers. 1. All persons
[Comm. of Int. Rev. v. engaged in teaching at the
Procter & Gamble, GR elementary and secondary
66838. Dec. 2, 1991]. levels, whether on full-time
or part-time basis, including
Tayador. See Bettor. industrial arts or vocational
teachers and all other
Teacher. All persons engaged persons performing
in classroom teaching, in any supervisory and/or
level of instruction, on full- administrative functions in
time basis, including all schools in the aforesaid
guidance counselors, school levels and qualified to
librarians, industrial arts or practice teaching under RA
vocational instructors, and 7836. [Sec. 4, RA 7836]. 2.
all other persons performing All persons engaged in
supervisory and/or teaching at the elementary
administrative functions in and secondary levels,
all schools, colleges and whether on a full-time or
universities operated by the part-time basis, including
Government or its political guidance counselors, school
subdivisions; but shall not librarians, industrial arts or
include school nurses, school vocational teachers and all
physicians, school dentists, other persons performing
and other school employees. supervisory and/or
[Sec. 2, RA 4670]. administrative functions in
all schools in the aforesaid
Teacher education. The pre- levels and legally qualified to
service education, in-service practice teaching under PD
education, and graduate 1006. [Sec. 3, PD 1006].
education of teachers, in
various areas of Teaching. 1. The profession
specialization. [Sec. 2, RA concerned primarily with
7784]. classroom instruction, at the
elementary and secondary
Teacher-in-charge. The one levels in accordance with the
designated by the dean, curriculum prescribed by the
principal, or other DepEd, whether on part-time
administrative superior to or full-time basis in the
exercise supervision over private or public schools.
the pupils in the specific [Sec. 4, RA 7836]. 2. The
classes or sections to which profession primarily
they are assigned. [Amadora concerned with the
1138
classroom instruction, at the purposes” enacted on Aug.

elementary and secondary 25, 1984.
levels, in accordance with
the curriculum prescribed by Technical personnel of
National Board of Education, repair and service
whether on part-time or full- enterprise. A machine or
time basis in the public or technician or any person
private schools. [Sec. 3, PD who works or renders
1006]. diagnosis or advice in
connection with repair,
Teaching or academic service and maintenance of
staff. All persons engaged the consumer products in a
in actual teaching and/or repair and service firm. [Art.
research assignments, either 4, RA 7394].
on full-time or part-time
basis, in all levels of the Technical reserve. All the
educational system. [Sec. 6, available funds kept in a
BP 232]. separate account out of
which claims for losses will
Technical education. The be paid. [Sec. 3, RA 6424].
education process designed
at post-secondary and lower Technological assistance
tertiary levels, officially contracts. Contracts for: (a)
recognized as non-degree the transfer, by license or
programs aimed at otherwise, of patents,
preparing technicians, para- processes, formulas or other
professionals and other technological rights of
categories of middle-level foreign origin; and/or (b)
workers by providing them foreign assistance
with a broad range of concerning technical and
general education, factory management,
theoretical, scientific and design, planning,
technological studies, and construction and similar
related job skills training. matters. [Sec. 3, RA 5186].
[Sec. 4, RA 7796].
Technology. The application
Technical Education and of knowledge or science
Skills Development Act of which shall include all others
1994 or the TESDA Act of such an inventions,
1994. RA 7796 entitled “An innovations and results of
Act creating the Technical researches. [Sec. 3, RA
Education and Skills 7459].
Development Authority,
providing for its powers,
structure and for other
1139
Technology-based. conveyed by means of

Utilization of technology. telecommunication system.
[Sec. 4, RA 8435]. [Sec. 2, RA 7678]. 2. Voice,
data, images and anything
Technology transfer conveyed through a
arrangements. Contracts telecommunications system.
or agreements involving the [Sec. 2, RA 7617].
transfer of systematic
knowledge for the Telecommunications
manufacture of a product, apparatus. Any device or
the application of a process, equipment manufactured or
or rendering of a service adopted for use in
including management transmitting or receiving
contracts; and the transfer, anything conveyed by a
assignment or licensing of all telecommunications system,
forms of intellectual property and includes any
rights, including licensing of telecommunications lines.
computer software except [Sec. 2, RA 7617].
computer software
developed for mass market. Telecommunications
[Sec. 4, RA 8293]. service. A service consisting
of the conveyance by means
Telecommunication of a telecommunication
apparatus. Any apparatus system of any
constructed or adapted for telecommunication message
use in transmitting or and includes a directory
receiving anything conveyed information service and
by a telecommunication installation, maintenance,
system and includes any adjustment, repair,
telecommunication line used movement, or re-placement
in telecommunication of telecommunication
system. [Sec. 2, RA 7678]. apparatus, excluding the
broadcasting of any
Telecommunication line. telecommunication
Any wire, cable, tube, pipe, message, the purpose of
conduit or other similar which is to advertise any
things, including its casing or product or service other than
coating, which is so the use of the
designated or adapted to be telecommunication service
a telecommunication itself. [Sec. 2, RA 7678; Sec.
apparatus. [Sec. 2, RA 7678; 2, RA 7617].
Sec. 2, RA 7617].
Telecommunications
Telecommunication system. 1. A facility for
message. 1. Anything conveyance through the
1140
agency of the electric, more than nominal but less

magnetic, electromagnetic, than compensatory
electrochemical or damages, may be recovered
electromechanical energy of when the court finds that
speech, music and other some pecuniary loss has
sounds, visual images and been suffered but its amount
signal serving either for the can not, from the nature of
importation of any matter or the case, be provided with
for the actuation or control certainty. [Art. 2224, CC]. 2.
of machinery or apparatus. Such damages as are
[Sec. 2, RA 7678]. 2. The reasonable compensation for
combination of hardware injury. They are more than
and software for the nominal damages but less
conveyance, through the than compensatory
agency of electric, magnetic, damages. [Torres, Oblig. &
electro-magnetic, Cont., 2000 Ed., p. 334,
electrochemical or electro- citing 17 CJ, p. 716].
mechanical energy of
speech and other sounds, Temporalities. Estates and
visual images, data or properties not used
signals. [Sec. 2, RA 7617]. exclusively for religious
worship. Property of every
Telephone service. A corporation sole held in trust
telecommunication service for the use, purpose, behoof
consisting of the conveyance and benefit of the religious
of voice and non-voice society, or order so
telecommunication incorporated or of the church
messages and data to which the diocese, synod,
including, but not limited to or district organization is an
video transmission, telefax, organized and constituent
teleconferencing, television, part. [Roman Catholic
and the like. [Sec. 2, RA Apostolic Administrator Of
7678; Sec. 2, RA 7617]. Davao v. Land Registration
Commission, GR L-8451.
Television broadcast. Public Dec. 20, 1957, citing Public
showing by transmitting Act No. 1459].
sound or images by
television or similar Temporal region. The flat
equipment, including cable part outside of the head
television, and other limited above the cheek bones.
audience distribution. [Sec. [Moreno’s Law Dict., 2000
10, PD 1986]. Ed., p. 463].
Temperate or moderate Temporary appointment.

damages. 1. These are Admin. Law. An appointment
1141
that does not give the [Glossary of Legal Terms

appointee any definite (Pro-Se), 2004].
tenure of office but makes it
dependent upon the Temporary restraining
pleasure of the appointing order (TRO). An emergency
power. [Romualdez v. CSC, remedy of brief duration
197 SCRA 168]. issued by a court only in
exceptional circumstances,
Temporary Protection usually when immediate or
Order or TPO. The irreparable damages or loss
protection order issued by might result before the
the court on the date of filing opposition could take action.
of the application after ex [Glossary of Legal Terms
parte determination that (Pro-Se), 2004].
such order should be issued.
A court may grant in a TPO Temporary statute. A
any, some or all of the reliefs statute whose life or
mentioned in RA 9262 and duration is fixed for a
shall be effective for thirty specified period of time at
(30) days. The court shall the moment of its
schedule a hearing on the enactment, and continues in
issuance of a PPO prior to or force, unless sooner
on the date of the expiration repealed, until the expiration
of the TPO. The court shall of the time fixed for its
order the immediate duration. E.g.: PD 851
personal service of the TPO granting 13th month pay.
on the respondent by the [Suarez, Stat. Con., (1993),
court sheriff who may obtain p. 96]. Compare with
the assistance of law Permanent statute.
enforcement agents for the
service. The TPO shall Temporary total disability.
include notice of the date of It accrues or arises when the
the hearing on the merits of impaired physical and/or
the issuance of a PPO. [Sec. mental faculties can be
15, RA 9262]. Compare with rehabilitated and/or restored
Permanent Protection to their normal functions.
Order. [Sec. 2, PD 1146]. Compare
with Permanent total
Temporary relief. Rem. Law. disability.
Any form of action by a court
granting one of the parties Temporo. The area at or near
an order to protect its the temple. [Moreno’s Law
interest pending further Dict., 2000 Ed., p. 464].
action by the court.

1142
Tenancy Emancipation Tenant. 1. The rightful

Decree. PD 27 and its occupant of land and its
companion, PD 266. structures, but does not
[Pagtalunan v. Tamayo, GR include those whose
54281. Mar. 19, 1990]. presence on the land is
merely tolerated and without
Tenancy relationship. A the benefit of contract, those
juridical the which arises who enter the land by force
between a landlord and a or deceit, or those whose
tenant once they agree, possession is under
expressly or impliedly, to litigation. [Sec. 3, PD 1517].
undertake jointly the 2. A person who, himself and
cultivation of land belonging with the aid available from
to the former, either under within his immediate farm
the share tenancy or household, cultivates the
leasehold tenancy system, land belonging to, or
as a result of which possessed by, another, with
relationship the tenant the latter's consent for
acquires the right to purposes of production,
continue working on and sharing the produce with the
cultivating the land, until landholder under the share
and unless he is tenancy system, or paying to
dispossessed of his holdings the landholder a price
for any of the just causes certain or ascertainable in
enumerated in Sec. 50 or the produce or in money or both,
relationship us terminated in under the leasehold tenancy
accordance with Sec. 9 [of system. [Sec. 5, RA 1199]. 3.
RA 1199]. [Sec. 6, RA 1199, A person to whom a landlord
cited in Ponce v. Guevarra, grants temporary and
GR L-19629 & L-19672-92. exclusive use of land or a
Mar. 31, 1964]. part of a building, usually in
exchange for rent. The
Tenancy relationship. contract for this type of legal
Requisites: (a) The parties arrangement is called a
are the landowner and the lease. The word "tenant"
tenant; (b) the subject is originated under the feudal
agricultural land; (c) there is system, referring to land
consent; (d) the purpose is "owners" who held their land
agricultural production; (e) on tenure granted by a lord.
there is personal cultivation; [Duhaime's Legal Dict.,
and (f) there is sharing of 2004].
harvests. [Baranda v.
Baguio, 189 SCRA 194 Tenant Emancipation
(1990)]. Decree. PD 27 entitled
“Decreeing the
1143
emancipation of tenants rights except that, upon the

from the bondage of the soil, death of a tenant in
transferring to them the common, that share does
ownership of the land they not go to the surviving
till and providing the tenants but is transferred to
instruments and mechanism the estate of the deceased
therefor” signed into law on tenant. Unity of possession
Oct. 21, 1972. but distinct titles.
Tenant-farmer. Under PD 2004].
946, the actual tiller who
personally works the land, as Tender. 1. Synonymous with
well as those who actually proposal, bid or the
till the land and have gained quotation for supplies or
the status of tenants. property offered. [IRR on
[Moreno’s Law Dict., 2000 Supply & Prop. Mgt., per Sec.
Ed., p. 465]. 383, LGC]. 2. An
unconditional offer of a party
Tenant-lessee. Any person to a contract to perform his
who, with the consent of the part of the bargain. For
former, tills, cultivates or example, if the contract is a
operates said land, loan contract, a tender
susceptible of cultivation by would be an act of the
one individual, personally or debtor where he produces
with the aid of labor the amount owing and offers
available from among his to the creditor. In real
own immediate farm property law, when a party
household. [Sec. 42, RA suspects that the other may
1199]. See Landholder- be preparing to renege, he
lessor. can write a tender in which
he unequivocally re-asserts
Tenants’ Emancipation Act. his intention to respect the
PD 27 entitled “Decreeing contract and tender his end
the emancipation of tenants of the bargain; either by
from the bondage of the soil, paying the purchase or
transferring to them the delivering the title.
ownership of the land they [Duhaime's Legal Dict.,
till and providing the 2004].
instruments and mechanism
therefor” signed into law on Tender of excluded
Oct. 21, 1972. evidence. If documents or
things offered in evidence
Tenants in common. Similar are excluded by the court,
to Joint tenants. Tenants the offer or may have the
who share equal property same attached to or made
1144
part of the record. If the occupied as residence by

evidence excluded is oral, four or more families doing
the offer or may state for the their cooking within the
record the name and other premises but living
personal circumstances of independently of one
the witness and the another although having a
substance of the proposed common right in the use of
testimony. [Sec. 40, Rule halls, stairways, terraces,
132, RoC]. verandas, toilets, and baths.
[Sec. 63, PD 856]. 2. Any
Tender of payment. 1. The house or building, or portion
manifestation by the debtor thereof, which is rented,
to the creditor of his desire leased, or hired out to be
to comply with his occupied, or is occupied, as
obligation, with the offer of the home or residence of
immediate performance. three families or more living
[Tolentino, Civil Code of the independently of each other
Phil., Vol. IV (1985)]. 2. It and doing their cooking in
involves a positive and the premises, or by more
unconditional act by the than two families upon any
obligor of offering legal floor, so living and cooking,
tender currency as payment but having a common right
to the obligee for the in the halls, stairways, yards,
former's obligation and water-closets, or privies, or
demanding that the latter some of them. [City of Iloilo
accept the same. [Roman v. Villanueva, L-12695, Mar.
Cath. Bishop of Malolos v. 23, 1959].
IAC, GR 72110. Nov. 16,
1990]. Tentative de violacion. Sp.
Attempted rape. [US v.
Tenement. Property that Mendez, GR L-6483. Mar. 11,
could be subject to tenure 1911].
under English land law;
usually land, buildings or Tenure. 1. Admin. Law. It
apartments. The word is represents the term during
rarely used nowadays except which the incumbent
to refer to dominant or actually holds office.
servient tenements when [Gaminde v. COA, GR
qualifying easement. 140335. Dec. 13, 2000]. 2.
[Duhaime's Legal Dict., Property. A right of holding
2004]. or occupying land or a
position for a certain amount
Tenement house. 1. A of time. The term was first
building or portion thereof used in the English feudal
which is leased or sold to an land system, whereby all
1145
land belonged to the king

but was lent out to lords for Term. Admin. Law. A fixed
a certain period of time; the and definite period of time
lord never owning, but which the law describes that
having tenure in the land. an officer may hold an office.
Used in modern law mostly [Aparri v. CA, GR L-30057.
to refer to a position a Jan. 31, 1984, citing Sueppel
person occupies such as in v. City Council of Iowa City,
the expression "a judge 136 N.W. 2D 523]. Compare
holds tenure for life and on with Tenure.
good behavior." [Duhaime's
Legal Dict., 2004]. Compare Terminable marriage. A
with Term. marriage conditioned on the
reappearance of the absent
Tenured migrant spouse. It does not refer to
communities. Are Arts. 35 to 38 of the Family
communities within Code. [Claridades, A.,
protected areas which have Compilation of Notes, 2001-
actually and continuously 2006].
occupied such areas for five
(5) years before the Term of office. Admin. Law.
designation of the same as The period during which an
protected areas in office may be held. Upon the
accordance with RA 7586 expiration of the officer's
and are solely dependent term, unless he is authorized
therein for subsistence. [Sec. by law to hold over, his
4, RA 7586]. rights, duties and authority
as a public officer must ipso
Terceria. A third party claim. facto cease. [Aparri v. CA,
The remedy accorded under GR L-30057. Jan. 31, 1984,
Sec. 7, Rule 60 of the Rules citing Mechem, Secs. 396-
of Court to any person, other 397].
than the defendant or his
agent, whose property is Terminal facility. The
seized pursuant to the writ seaport and its facilities of
of delivery. [La Tondeña wharves, piers, slips, docks,
Distillers v. CA, GR 88938. dry docks, bulkheads,
June 8, 1992]. basins, warehouses, cold
storage, and loading or
Term. Civ. Law. That which unloading equipment. [Sec.
necessarily must come 3, PD 857].
whether the parties know
when it will happen or not. Terminal fees. All charges
[Moreno’s Law Dict., 2000 for parking at or near the
Ed., p. 466]. ramp, terminal area or
1146
building for purposes of thereafter contests the

loading or unloading validity or legality of his
passengers and/or cargo. dismissal by filing a
[Sec. 3, RA 224]. complaint with the regional
branch of the National Labor
Terminal leave. Leave Relations Commission. The
applied for by an officer or burden of proving that the
employee who retires, termination was for a valid
resigns or is separated from or authorized cause shall
the service through no fault rest on the employer. [per
of his own. [Manual on Leave Sec. 33, RA 6715].
Administration Course for
Effectiveness, published by Termination pay. Labor. The
the CSC, p. 16]. pay to which an employee
shall be entitled equivalent
Terminal leave pay. The to at least one month's
cash value of the salary for every year of
accumulated leave credits of service, a fraction of at least
an officer or employee who six (6) months being
has already severed his considered as one whole
connection with his year, in case of termination
employer and who is no of his employment due to
longer working. It is no the installation of labor-
longer compensation for saving devices or
services rendered. It can not redundancy. [per Sec. 9, LC].
be viewed as salary. [In Re:
Zialcita, AM 90-6-015-SC. Termination Pay Law. RA
Oct. 18, 1990]. 1052, as amended.
[Expressly repealed by the
Terminate. To put an end to, Labor Code].
to make to cease or to end.
It connotes finality. Term of office. 1. The time
[Caballero v. alfonso, Jr., GR during which the officer may
L-45647. Aug. 21, 1987]. claim to hold office as of
right, and fixes the interval
Termination. Labor. The after which the several
term is used to denote incumbents shall succeed
dismissal or lay-off. [Poquiz, one another. [Gaminde v.
Labor Rel. Law, 1999 Ed. p. COA, GR 140335, Dec. 13,
22]. 2000]. 2. The period during
which an elected officer or
Termination dispute. Labor. appointee is entitled to hold
A labor dispute arising from office, perform its functions
the termination of and enjoy its privileges and
employment of a worker who emoluments. [Francisco v.
1147
Men Abad, GR L-36927-28. bounded by water like

Apr. 15, 1974, citing Black's Burma, or completely
Law Dict., 3rd Ed., pp. 1558, surrounded like Iceland, or
1717]. may consist of several
islands like the Philippine
Term of office of union archipelago. [Cruz, Intl. Law
officials. Labor. The tenure Reviewer, 1996 Ed., p. 61].
of office of elected officials
of a labor organization which Territoriality. A
is for a fixed period of five characteristic of criminal law
(5) years. [Sec. 1, Rule 1, where the law is considered
Book 5, IRR of LC]. applicable to all crimes
committed within the limits
Terms and conditions. of Philippine territory, which
Other requirements not includes its atmosphere,
affecting the technical interior waters and maritime
specifications and zone. [Gregorio, Fund. of
requirements of the supplies Crim. Law Rev., 1997 9th Ed.,
or property desired such as citing Art. 2, RPC, p. 2].
bonding, terms of delivery
and payment, and related Territoriality principle. Intl.
preferences. [IRR on Supply Law. Doctrine that a court
& Prop. Mgt., per Sec. 383, has criminal jurisdiction if
LGC]. the offense was committed
within the forum state. [Intl.
Terra nullius. Lat. Land Law Dict. & Direct., 2004].
belonging to no one. 1.
Territory not belonging to Territorial power and
any state. [Sandoval, Pol. jurisdiction. Pol. Law. The
Law Reviewer 2003]. 2. power and jurisdiction of the
Unoccupied land. [Intl. Law state over persons and
Dict. & Direct., 2004]. things within its territory.
[Suarez, Pol. Law Reviewer,
Terreno inculto. Sp. 1st Ed., 2002, p. 30].
Uncultivated land. [Moreno’s
Law Dict., 2000 Ed., p. 466]. Territorial sea. The waters
adjacent to a coastal state
Terrestrial domain. Also and extending seaward up to
Land domain. Intl. Law. The a limit not to exceed 12
land mass on which the miles from its baselines in
people live. It may be which that state exercises
“integrate,” as in the case of complete sovereignty with
Iran, or “dismembered,” as the exceptions of innocent
in the case of the United passage and transit passage.
States, or may be partly
1148
[Intl. Law Dict. & Direct., recollect the property to be

2004]. disposed of and the persons
who would naturally be
Territorial sea of the supposed to have claims
Philippines. All the waters upon the testator, and to
beyond the outermost comprehend the manner in
islands of the Philippine which the instrument will
archipelago but within the distribute his property
limits of its boundaries. among the objects of his
[Preambulatory clause, RA bounty. [Bugnao v. Ubag
3046, as amended]. (1909), 14 Phil., 163; Bagtas
v. Paguio (1912), 22 Phil.,
Territorial sovereignty. Intl. 227; and Jocson v. Jocson
Law. The right of a (1922), 46 Phil., 701]. 2. The
government to exclusively legal ability to make a will.
exercise its powers within a [Glossary of Legal Terms
particular territory. [Intl. Law (Pro-Se), 2004].
Testamentary succession.
Territory. The fixed portion Succession which results
on the surface of the earth from the designation of an
on which the state settles heir, made in a will executed
and over which it has in the form prescribed by
supreme authority. law. [Art. 779, CC]. Compare
[Sandoval, Pol. Law Reviewer with Legal or intestate
2003]. succession.
Terrorism. From Lat. terror: Testamentary trust. 1. A

to frighten. The sustained trust set up by a will.
clandestine use of violence [Glossary of Legal Terms
for a political purpose. [Intl. (Pro-Se), 2004]. 2. A trust
Law Dict. & Direct., 2004]. which is to take effect only
upon the death of the settlor
Tertiary education. Post and is commonly found as
secondary schooling is part of a will. Trusts which
higher education leading to take effect during the life of
a degree in a specific the settlor are called inter
profession or discipline. [Sec. vivos trusts. [Duhaime's
20, BP 232]. Legal Dict., 2004].
Testamentary capacity. 1. Testate estate. An estate of

The capacity to comprehend a deceased person which is
the nature of the transaction settled or to be settled with
in which the testator is the last will and testament of
engaged at the time, to that deceased person called
1149
the testator. [Bench Book for [Claridades, A., Compilation

Trial Court Judges, p. 3-1, of Notes, 2001-2006].
citing Art. 775, CC]. Compare with
Compare with Intestate Documentary evidence.
estate.
Testimony. 1. The evidence
Testator. 1. The term applied given by a witness under
to the person whose oath. It does not include
property is transmitted evidence from documents
through succession, if he left and other physical evidence.
a will. Regardless of whether [Glossary of Legal Terms
or not he left a will, he is (Pro-Se), 2004]. 2. The
also generally called the verbal presentation of a
decedent. [Art. 775, CC]. 2. witness in a judicial
Person who makes a will. proceeding. [Duhaime's
Female: Testatrix. [Glossary Legal Dict., 2004].
2004]. Textual approach. To
interpret the text of a treaty
Testimonial compulsion. according to the clear and
Evid. 1. Extraction of ordinary meaning of its
admission from the person's words. [Intl. Law Dict. &
own lips. [Material Direct., 2004].
Distributors, Inc. v.
Natividad, GR L-1716. June Thalamus. The
28, 1949, citing 4 Wigmore, diencephalons which
865, 2263]. 2. Compulsory involves the forebrain.
oral examination of prisoners [Moreno’s Law Dict., 2000
before trial, or upon trial, for Ed., p. 466].
the purpose of extorting
unwilling confessions or Theater of war. Intl. Law.
declarations implicating The place where hostilities
them in the commission of a are actually conducted as
crime. [US v. Tan Teng, GR distinguished from the
7081. Sep. 7, 1912, citing region of war. [Cruz, Intl.
People v. Gardner, 144 NY, Law Reviewer, 1996 Ed., p.
119]. 138].
Testimonial evidence. Theater ticket. A theater

Verbal or oral evidence. ticket has been described to
Evidence which consists of be either a mere license,
the narration or deposition revocable at the will of the
by one who has observed or proprietor of the theater or it
has personal knowledge of may be evidence of a
that to which he is testifying. contract whereby, for a
1150
valuable consideration, the by him; and (c) Any person

purchaser has acquired the who shall enter an inclosed
right to enter the theater estate or a field where
and observe the trespass is forbidden or
performance on condition which belongs to another
that he behaves properly. and without the consent of
[Balacuit v. CFI of Agusan del its owner, shall hunt or fish
Norte, GR L-38429. June 30, upon the same or shall
1988, citing Law of the gather cereals, or other
Stage, Screen and Radio by forest or farm products. [Art.
Marchetti, 1939 Ed., page 308, RPC]. 2. Taking of the
268]. thing to be appropriated into
the physical power of the
Theatrical distribution. thief, which idea is qualified
Public showing and/or by other conditions, such as
exhibition in any cinema or that taking must be effected
theater or in any other place animo lucrandi and without
of motion pictures imposing the consent of the owner.
admission fees on persons [People v. Avila, GR 19786.
for entertainment, Mar. 31, 1923].
education, information and
advertising. [Sec. 10, PD Theft. Elements essential to
1986]. See Non-theatrical constitute the crime: (a) the
distribution. taking of personal property;
(b) that the property belongs
Theft. Crim. Law. 1. The to another; (c) that the
felony committed by any taking was done with intent
person who, with intent to of gain; (d) that it was done
gain but without violence without the consent of the
against or intimidation of owner, and (e) that it was
persons nor force upon accomplished without
things, shall take personal violence or intimidation of
property of another without persons nor force upon
the latter's consent. It is things [US v. De Vera, 43
likewise committed by: (a) Phil. 1000; People v.
Any person who, having Mercado, 65 Phil. 665;
found lost property, shall fail People v. Yusay, 50 Phil.
to deliver the same to the 598; People v. Rodrigo, L-
local authorities or to its 18507, Mar. 31, 1966, 16
owner; (b) Any person who, SCRA 475].
after having maliciously
damaged the property of Theft clause. Ins. A clause
another, shall remove or which includes theft as
make use of the fruits or among the risks insured
object of the damage caused against. [Claridades, A.,
1151
Compilation of Notes, 2001- exclude a member of the

2006]. household, or a member of
the family within the second
Theft of minerals. Elements: degree of consanguinity or
(a) The accused extracted, affinity, of a motor vehicle
removed and/or disposed of owner or land transportation
minerals; (b) these minerals operator, as likewise defined
belong to the Government or herein, or his employee in
have been taken from a respect of death, bodily
mining claim or claims injury, or damage to
leased, held or owned by property arising out of and in
other persons; and (c) the the course of employment.
accused did not possess a [Sec. 373, IC, as amended by
mining lease or a temporary PD 1814 and 1981].
permit or any other permit
to mine granted by the Third (fourth, etc.) party
DENR Sec. or the Director of com-plaint. 1. A claim that
Mines under existing mining a defending party may, with
decrees, laws and leave of court, file against a
regulations. [Sec. 78, PD person not a party to the
463, as amended by Sec. 23, action, called the third
PD 1385]. (fourth, etc.) defendant, for
contribution, indemnity,
Theoretical justice. A tax subrogation or any other
system based on the relief, in respect of his
taxpayer’s ability to pay; it opponent’s claim. [Sec. 11,
must be progressive. Rule 6, RoC]. 2. A petition
[Claridades, A., Compilation filed by a defendant against
of Notes, 2001-2006]. a third (fourth, etc.) party
(not presently a party to the
Theory of cognition. See suit) which alleges that the
Cognition theory. third (fourth, etc.) party is
liable for all or part of the
Theory of concurrent damages plaintiff may win
proximate cause. See from defendant. [Glossary of
Concurrent proximate Legal Terms (Pro-Se), 2004].
cause theory.
Third Party Liability (TPL).
Theory of manifestation. See Compulsory Motor
See Manifestation theory. Vehicle Liability
Insurance.
Third-party. Any person
other than a passenger as Third person. 1. Anyone who
defined in Sec. 373 of the is not a co-owner, within the
Ins. Code and shall also meaning of Art. 1620 of the
1152
of the Civil Code (on the Threat. A declaration of an

right of legal redemption of a intention or determination to
co-owner). [Basa v. Aguilar, injure another by the
L-30994, Sep. 30, 1982, 117 commission upon his person,
SCRA 130; Villanueva v. honor or property or upon
Florendo, L-33150, Oct. 17, that of his family of some
1985, 139 SCRA 333]. 2. One wrong which may or may not
who has not taken part in amount to a crime.
the act or contract recorded. [Gregorio, Fund. of Crim.
[Barrios v. Dolo, GR 559. Law Rev., 1997 9th Ed., pp.
Mar. 14, 1903, citing Art. 27, 685-686].
Mortgage Law].
Threatened species. A
Third reading of a bill. The general term to denote
reading of the bill in the form species or subspecies
as approved on second considered as critically
reading and takes place only endangered, endangered,
after printed copies thereof vulnerable or other accepted
in its final form have been categories of wildlife whose
distributed to the Members population is at risk of
(of Congress) at least three extinction. [Sec. 5, RA 9147].
days before, unless the bill is
certified (as urgent by the Threatening to publish and
Chief Executive). [Tolentino offer to prevent such
v. Sec. of Finance, GR publication for a
115455. Aug. 25, 1994]. compensation. Crim. Law.
Thirteenth (13th) month person who threatens
pay. One-twelfth (1/12) of another to publish a libel
the basic salary of an concerning him or the
employee within a calendar parents, spouse, child, or
year. [Sec. 2, PD 851]. other members of the family
of the latter or upon anyone
Thirteenth Month Pay Law. who shall offer to prevent
PD 851 entitled “Requiring the publication of such libel
all employers to pay their for a compensation or
employees a 13th month money consideration. [Art.
pay” signed into law on Dec. 356, RPC].
16, 1975.
Threat of serious injury.
Thoraco-abdominal region. Serious injury that is
Belly. [Moreno’s Law Dict., imminent. [Sec. 4, RA 8800].
2000 Ed., p. 468].
Three-fold rule. Crim. Law.
The rule that the maximum
1153
duration of the sentence Timber land. Also Forest

should not be more than land. A classification of
three times the most severe lands of the public domain in
penalty. [Gregorio, Fund. of the Constitution. (Sec. 3, Art.
Crim. Law Rev., 1997 9th Ed., XII of the 1987 Constitution).
p. 277]. It is not descriptive of what
appears on the land but is a
Thrift banks. Savings and legal status, a classification
mort-gage banks, private for legal purposes. [Rep. v.
development banks, and CA, GR L-56948. Sep. 30,
stock savings and loans 1987]. Compare with
associations organized under Forest.
existing laws, and any
banking corporation that Time allowance for good
may be organized for the conduct. See Good
purposes enumerated under conduct time allowance.
Sec. 3 of RA 7906.
[Claridades, A., Compilation Time charter. Mar. Law. A
of Notes, 2001-2006]. contract to use a vessel for a
particular period of time, the
Thrift Banks Act of 1995. charterer obtaining the right
RA 7906 entitled “An Act to direct the movements of
providing for the regulation the vessel during the
of the organization and chartering period, although
operations of thrift banks, the owner retains possession
and for other purposes” and control. [Maritime
enacted on Feb. 23, 1995. Agencies & Services, Inc. v.
CA, GR 77638. July 12,
Tibihon. Tag. A person 1990].
suffering from tuberculosis.
[Gonzales v. Arcilla, GR Time immemorial. A period
27923. Nov. 18, 1991]. of time when as far back as
memory can go, certain
Timber. Any piece of wood Indigenous Cultural
having an average diameter Communities/ Indigenous
of at least 15 centimeters Peoples (ICCs/IPs) are known
and at 1.5 meters long, to have occupied, possessed
except all mangrove species in the concept of owner, and
which in all cases, shall be utilized a defined territory
considered as timber devolved to them, by
regardless of size. [Sec. operation of customary law
1.11, DENR Order No. 80, 28 or inherited from their
Dec. 1987, s. of 1987] ancestors, in accordance
with their customs and
traditions. [Sec. 4, RA 8371].
1154
manufacturer when the

Time limitations. A common buyer of a tire finds some
law term (also known as defect in it, that is, upon the
time-bars) referring to return of the tire, he is
periods of time, prescribed credited with the cost of the
by statutes (statutes of tire less the value of the
limitation) or international service it has rendered to
conventions, the expiry of him. Thus, when the
which results in the loss of customer purchases a new
the right to sue to enforce a tire, he is given a discount
claim or right. Although the equivalent to the adjustment
common law traditionally credit on his defective tire.
viewed most time limitations [Moreno’s Law Dict., 2000
as procedural and therefore Ed., p. 470].
subject to the lex fori, they
are increasingly understood Title. 1. Stat. Con. That part
as substantive, and thus of the statute which gives a
governed by the law general statement of, and
applicable to the underlying calls attention to, the subject
contract or tort. [Tetley, matter of an Act, so that
Glossary of Conflict of Laws, legislators and the public
2004]. See also may be appraised of the
Prescription. subject matter of the
legislation, and be put upon
Time price differential. The inquiry in regard thereto.
amount added to the cash [Suarez, Stat. Con., (1993),
price of an article when the p. 43]. 2. Property. Legal
sale is on credit. It is not ownership of property.
interest within the meaning [Glossary of Legal Terms
of the Usury Law. [Emata v. (Pro-Se), 2004].
IAC, GR 72714. June 29,
1989]. Title of the action. The part
of a pleading that indicates
Tirahin. Tag. A popular the names of the parties who
expression specially among shall all be named in the
the criminal element which original complaint or
means to go after or do petition. [Sec. 1, Rule 7,
something to someone, or Roc].
even to kill him. [People v.
Cruz, GR L-8776. May 19, Titular sovereignty.
1958]. Sovereignty fictitiously
vested in a ruler who
Tire adjustment allowance. personifies the power and
The credit allowed to a majesty of the state and in
customer by a tire whose government is
1155
conducted. [Suarez, Pol. Law ownership without necessity

Reviewer, 1st Ed., 2002, p. of letting the prescriptive
36]. period elapse. [De Jesus v.
CA, GR 57092. Jan. 21,
Titulo colorado. Sp. Such 1993].
title where, although there
was a mode of transferring Tobacco. 1. Agricultural
ownership, still something is components derived from
wrong because the grantor is the tobacco plant, which are
not the owner. [De Jesus v. processed for use in the
CA, GR 57092. Jan. 21, manufacturing of cigarettes
1993]. and other tobacco products.
[Sec. 4, RA 9211]. 2. Locally
Titulo de abogado. Sp. The grown Virginia type tobacco,
term means not mere excluding those that are re-
possession of the academic dried, threshed or blended.
degree of Bachelor of Laws [Sec. 3, PD 1481].
but membership in the Bar
after due admission thereto. Tobacco advertising. Any
The English equivalent of messages and images
Abogado is lawyer or promoting smoking; the
attorney-at-law. [Ma. Cui v. purchase or use of cigarette
Ma. Cui, GR L-18727. Aug. or tobacco trademarks brand
31, 1964]. names, design and
manufacturer's names. [Sec.
Titulo de compra. Sp. Title 4, RA 9211].
by purchase. [Dir. of Forestry
v. Muñoz, GR L-25459. June Tobacco distributor. Any
28, 1968]. person to whom a tobacco
product is delivered or sold
Titulo gratuito. Sp. for purposes of distribution
Gratuitous title. [Dir. of in commerce, except that
Forestry v. Muñoz, GR L- such terms does not include
25459. June 28, 1968]. a manufacturer or retailer or
common carrier of such
Titulo lucrativo. See product. [Sec. 4, RA 9211].
Gratuitous title.
Tobacco grower. Any person
Titulo real. Sp. Royal grant. who plants tobacco before
[Dir. of Forestry v. Muñoz, the enactment of RA 9211
GR L-25459. June 28, 1968]. and classified as such by the
National Tobacco
Titulo verdadero y valido. Administration (NTA). [Sec.
Sp. Such title which by itself 4, RA 9211].
is sufficient to transfer
1156
Tobacco inspection fees. [Comm. of Int. Rev. v. CTA,

National Internal Revenue GR L-64768. Nov. 5, 1987].
taxes levied and collected
for purposes of regulation Tolerance. Permission.
and control and also as a [Moreno’s Law Dict., 2000
source of revenue. [La Ed., p. 470].
Suerte Cigar and Cigarette
Factory v. CTA, GR L-36130. Tolerance. The specified
Jan. 17, 1985]. allowance for error in
weighing, measuring, etc., or
Tobacco products. Any variation from the standard
product that consists of or given dimension, weight
loose tobacco that contains or the like. [IRR on Supply &
nicotine and is intended for Prop. Mgt., per Sec. 383,
use in a cigarette, including LGC].
any product containing
tobacco and intended Toll. A sum of money for the
smoking or oral or nasal use. use of something, generally
[Sec. 4, RA 9211]. applied to the consideration
which is paid for the use of a
Tobacco retailer. Any person road, bridge or the like, of a
who or entity that sells public nature. [De Leon,
tobacco products to Fundamentals of Taxation,
individuals for personal 2000 Ed., p. 16].
consumption. [Sec. 4, RA
9211]. Toll fee. When used in
connection with highways, a
Tobar doctrine. See Wilson duty imposed on goods and
doctrine. passengers traveling public
roads. The toll for use of a
Together. In the same place toll road is for its use in
or at the same spot; with traveling thereon, not for its
each other locally; hence, in use as a parking place for
company or companionship. vehicles. [City of Ozamis v.
[Moreno’s Law Dict., 2000 Lumapas, GR L-30727. July
Ed., p. 470]. 15, 1975]. Compare with
Parking fee.
Toilet preparation. Any
preparation which is Tonnage due. The amount
intended to affect and paid by the owner, agent,
conceivably improve the operator or master of a
bodily appearance, such as a vessel engaged in foreign
lotion intended to contribute trade coming to the
to the health and Philippines from a foreign
appearance of the skin. port or going to a foreign
1157
port from the Philippines land whose object is, under

based on the net tonnage of governmental authority, to
the vessel or weight of the establish and certify to the
articles discharged or laden. ownership of an absolute
[Sec. 3201, RA 1937]. and indefeasible title to
realty, and to simplify its
Tools and implements. transfer. This system was
Instruments of husbandry or devised and first introduced
manual labor needed by an in South Australia by Sir
artisan craftsman or laborer Robert Torrens in 1857.
to obtain his living. [Alba v. Dela Cruz, 17 Phil.
[Pentagon Security v. 49, 58, 60 (1910)]. 3. The
Jimenez, GR 88114. Dec. 20, real purpose of the system is
1990]. to quiet title of land; to put a
stop forever to any question
Torillo. Sp. A male carabao. of the legality of the title,
[Moreno’s Law Dict., 2000 except claims which were
Ed., p. 471]. noted at the time of
registration, in the
Torrens land registration certificate, or which may
system. A land registration arise subsequent thereto.
system invented by Robert That bring the purpose of
Torrens and in which the the law, it would seem that
government is the keeper of once a title is registered the
the master record of all land owner may rest secure,
and their owners. In the without the necessity of
Torrens system, a land title waiting in the portals of the
certificate suffices to show courts, or sitting in the
full, valid and title. 'mirador de su casa,' to
[Duhaime's Legal Dict., avoid the possibility of losing
2004]. his land. [Legarda v.
Saleeby, 31 Phil. 590
Torrens system. 1. A system (1915)].
for registration of land under
which, upon the landowner’s Torrens title. A certificate of
application, the court may, ownership issued under the
after appropriate Torrens system of
proceedings, direct the registration by the
issuance of a certificate of government through the
title. [Aquino, Land Regist. & Register of Deeds, naming
Related Proceedings, 2002 and declaring the owner in
Rev. Ed., p. 1, citing Black’s fee simple of the real
Dict, 5th Ed., 1979]. 2. The property described therein
system of registration of free from all liens and
transactions with interest in encumbrances except such
1158
as may be expressly noted group of fishery species, or a

thereon or otherwise combination of area and
reserved by law. [PNB v. IAC, species and normally would
GR 71753. Aug. 25, 1989]. not exceed the MSY. [Sec. 4,
RA 8550].
Torrent. That amount of
water which in case of heavy Total compensation. This
rains gathers in deep places takes place when the
or canals where it is obligations are of different
supposed to flow afterwards. amounts and compensation
[Moreno’s Law Dict., 2000 extinguishes the obligations
Ed., p. 471]. entirely. [Torres, Oblig. &
Cont., 2000 Ed., p. 141].
Tort. 1. Violation of a right Compare with Partial
given or the omission of a compensation.
duty imposed by law.
[Naguiat v. NLRC, GR Total disability. It accrues or
116123. Mar. 13, 1997, arises when the loss or
citing Words & Phrases, reduction of earning capacity
Permanent Ed., v. 41A, p. amounts to at least seventy-
503]. 2. A breach of a legal five percent; or when the
duty. [Naguiat v. NLRC, GR aggregate loss or reduction
116123. Mar. 13, 1997, or earning capacity resulting
citing Bouvier's Law Dict., 3rd from more than one injury
Rev., v. 2]. 3. A private or and/or disease amounts to at
civil wrong or injury for least one hundred percent.
which the court provides a [Sec. 2, PD 1146].
remedy through an action
for damages. [Glossary of Totality of circumstances
Legal Terms (Pro-Se), test. The test adopted by
2004]. Also referred to as the courts in resolving the
Quasi-delict. admissibility of and relying
on out-of-court identification
Tort-feasor. Name given to a of suspects, where they
person or persons who have consider the following
committed a tort. factors, viz: (a) the witness'
[Duhaime's Legal Dict., opportunity to view the
2004]. criminal at the time of the
crime; (b) the witness'
Total allowable catch degree of attention at that
(TAC). The maximum time; (c) the accuracy of any
harvest allowed to be taken prior description given by
during a given period of time the witness; (d) the level of
from any fishery area, or certainty demonstrated by
from any fishery species or the witness at the
1159
identification; (e) the length acute or lethal conditions or

of time between the crime effects to the aquatic life, or
and the identification; and, health of persons or which
(6) the suggestiveness of the may adversely affect
identification procedure. designated water uses. [Sec
[People v. Teehankee, GR 4, RA 9275].
111206-08. Oct. 6, 1995,
citing Neil v. Biggers, 409 US Toxic cataract. Cataract
188 (1973)]. brought about by certain
drugs such as ergot,
Totality rule. The rule that dinetrophenol, naphtalene,
where there are several phenothiazines, and
claims or causes of actions triparanol. [Jarillo v. ECC, GR
between the same or L-52058. Feb. 25, 1982].
different parties, embodied
in the same complaint, the Toxic substance. Any
amount of the demand shall substance other than a
be the totality of the claims radioactive substance which
in all the causes of action, can cause injury, illness or
irrespective of whether the death to man through
causes of action arose out of ingestion, inhalation or
the same or different absorption through any body
transactions. [Sec. 33, BP surface. [Art. 4, RA 7394].
129, as amended by RA
7691]. TPL. Third Party Liability.
Total loss. See Actual total TPO. See Temporary

loss or Constructive total Protection Order.
loss.
Traces. See Retrospectant
Tourist zone. A geographic evidence.
area with well-defined
boundaries proclaimed as Trade. 1. The act of engaging
such by the President, upon in the exchange, exportation
the recommendation of the or importation, purchase or
Philippine Tourism Authority, sale of wildlife, their
and placed under the derivatives or by-products,
administration and control of locally or internationally.
the Authority. [Sec. 38, PD [Sec. 5, RA 9147]. 2. Any
564]. group of interrelated jobs or
any occupation which is
Toxic amount. The lowest traditionally or officially
amount of concentration of recognized as craft or artisan
toxic pollutants, which may in nature requiring specific
cause chronic or long-term qualifications that can be
1160
acquired through work Trade name. Also

experience and/or training. Trademark. 1. The name or
[Sec. 4, RA 7796]. 3. Any designation identifying or
industrial craft or artisan distinguishing an enterprise.
occupation which is officially [Sec. 121, RA 8293]. 2. A
or traditionally recognized as word or words, name, title,
requiring special symbol, emblem, sign or
qualifications which can only device or any combination
be acquired through lengthy thereof used as an
training, experience, and advertisement, sign, label,
practical and theoretical poster or otherwise for the
instruction. [Sec. 1, Rule 1, purpose of enabling the
Book 2, IRR of LC]. public to distinguish the
business of the person who
Trade acceptance. Nego. owns and uses said trade
Inst. A bill of exchange name or trademark. [Art. 4,
drawn by the seller on the RA 7394]. 3. A word or
purchase of goods. [Martin, words, name, title, symbol,
Commentaries and Jurisp. on emblem, sign or device, or
Comml. Laws, Vol. 1, 1988 any combination thereof
Rev. Ed., pp. 69-70]. used as an advertisement,
sign, label, poster, or
Trade acceptance bill. otherwise, for the purpose of
Nego. Inst. A bill of exchange enabling the public to
payable to order with a distinguish the business of
certain maturity, drawn by a the person who owns and
seller against the purchaser uses said trade-name or
of goods as drawee and trademark. [Art. 188, RPC].
accepted by such drawee.
[Diaz, Bus. Law Rev., 1991 Trade test. Examination or
Ed., p. 364]. test to determine whether a
person meets the standards
Trade dress. In Unfair of a particular trade. [Sec. 1,
Competition Law, a product Rule 1, Book 2, IRR of LC].
sold in the market, not in a
naked state, but dressed up Trading corporations.
with a package or container, Corporations which were
label and perhaps, a display vested by their respective
card. [Moreno’s Law Dict., sovereigns with certain
2000 Ed., p. 472]. governmental powers over
territory placed under their
Trademark. See Trade jurisdiction. [Cruz, Intl. Law
name. Reviewer, 1996 Ed., p. 17].

1161
Traditio brevi manu. The Tradition or Traditio, or

delivery of movable property Tradicion. A mode of
made by the mere consent transmission of ownership
or agreement of the which may be actual (real
contracting parties, if the tradition) or constructive
latter already had it in his (constructive tradition). [Phil.
possession for any other Suburban Devt. Corp. v.
reason. [Art. 1499, CC]. This Auditor General, GR L-
takes place when the 19545. Apr. 18, 1975]. See
vendee has possession of Delivery.
the thing sold in another
capacity than an owner. Traditional and alternative
[Diaz, Bus. Law Rev., 1991 health care. The sum total
Ed., p. 120]. of knowledge, skills and
practices on health care,
Traditio constitutum other than those embodied
possessorium. This is the in biomedicine, used in the
opposite of Traditio brevi prevention, diagnosis and
manu. This takes place elimination of physical or
when the vendor continues mental disorder. [Sec. 4, RA
to have possession of the 8423].
thing sold but no longer in
the concept of an owner but Traditional and Alternative
in the concept of a lessee. Medicine Act (TAMA) of
[Diaz, Bus. Law Rev., 1991 1997. RA 8423 entitled “An
Ed., p. 120, citing Art. 1500, Act creating the Philippine
CC]. Institute o Traditional ad
Alternative Health Care
Traditio longa manu. The (PITAHC) to accelerate the
delivery of movable property development of traditional
made by the mere consent and alternative health care
or agreement of the in the Philippines, providing
contracting parties, if the for a traditional and
thing sold cannot be alternative health care
transferred to the possession development fund and for
of the vendee at the time of other purposes” enacted on
the sale. [Art. 1499, CC]. Dec. 9, 1997.
This is effected by simply
pointing to the thing sold, Traditional folk art.
after which the thing is now Expressions of
placed at the control and distinctiveness and artistic
disposal of the vendee. quality created to serve a
[Diaz, Bus. Law Rev., 1991 decorative and/or utilitarian
Ed., p. 120]. or socio-cultural functions of
traditional folk artists
1162
commonly known for such

works. [Sec. 7355]. Trafficking. Transferring, or
other-wise disposing of, to
Traditional healers. The another, or obtaining control
relatively old, highly of, with intent to transfer or
respected people with a dispose of. [Sec. 3, RA
profound knowledge of 8484].
traditional remedies. [Sec. 4,
RA 8423]. Trafficking in persons. The
recruitment, transportation,
Traditional medicine. The transfer or harboring, or
sum total of knowledge, receipt of persons with or
skills and practice on health without the victim's consent
care, not necessarily or knowledge, within or
explicable in the context of across national borders by
modern, scientific means of threat or use of
philosophical framework, but force, or other forms of
recognized by the people to coercion, abduction, fraud,
help maintain and improve deception, abuse of power or
their health towards the of position, taking advantage
wholeness of their being, the of the vulnerability of the
community and society, and person, or, the giving or
their interrelations based on receiving of payments or
culture, history, heritage, benefits to achieve the
and consciousness. [Sec. 4, consent of a person having
RA 8423]. control over another person
for the purpose of
Traditional use. Utilization of exploitation which includes
wildlife by indigenous people at a minimum, the
in accordance with written or exploitation or the
unwritten rules, usage, prostitution of others or
customs and practices other forms of sexual
traditionally observed, exploitation, forced labor or
accepted and recognized by services, slavery, servitude
them. [Sec. 5, RA 9147]. or the removal or sale of
organs. The recruitment,
Traditio simbolica. It transportation, transfer,
consists in the delivery of harboring or receipt of a
certain symbols or things child for the purpose of
representing the things exploitation shall also be
delivered such as the keys or considered as trafficking in
the titles of a tenement. persons even if it does not
[Tolentino, Civil Code of the involve any of the means set
Phil., Vol. II, Repr. 2001, p. forth in the preceding
459]. sentence. [Sec. 3, RA 9208].
1163
of related occupations. [Sec.

Trainees. Persons who are 4, RA 7796].
participants in a vocational,
administrative or technical Transacting an insurance
training program for the business. See Doing an
purpose of acquiring and insurance business.
developing job-related skills.
[Sec. 4, RA 7796]. Transacting business. Corp.
Law. The continuity of
Trainers. Persons who direct conduct, and intention of
the practice of skills towards continuing the body or
immediate improvement in substance of the business or
some task. [Sec. 4, RA enterprise for which the
7796]. foreign corporation was
organized. [Diaz, Bus. Law
Training. The systematic Rev., 1991 Ed., p. 303].
development of the attitude,
knowledge, skill, or behavior Transaction. As used in the
pattern required for the Anti-Money Laundering Act
adequate performance of a of 2001 (RA 9160), the term
given job or task. [Sec. 1, refers to any act establishing
Rule 1, Book 2, IRR of LC]. any right or obligation or
giving rise to any contractual
Training in vocation. A or legal relationship between
range of activities aimed at the parties thereto. It also
providing the skills, includes any movement of
knowledge, and attitudes funds by any means with a
required for employment in covered institution. [Sec. 3,
a particular occupation, RA 9160].
group, group of related
occupations or functions in a Transactional immunity.
field of economic activity. Immunity granted to the
[Sec. 1, Rule 1, Book 2, IRR witness from prosecution for
of LC]. an offense to which his
compelled testimony relates.
Trainors or trainers. [Galman v. Pamaran, GR
Persons who provide training 71208-09. Aug. 30, 1985,
to trainers aimed at citing Black Law Dict., 5th
developing the latter's Ed., 1979]. Compare with
capacities for imparting Use immunity.
attitudes, knowledge, skills
and behavior patterns Transcript. A written, word-
required for specific jobs, for-word record of what was
tasks, occupations or group said. Usually refers to a
record of a trial, hearing, or
1164
other proceeding which has acquire ownership of stock.

been transcribed from a (Chemphil v. CA, GR 112438-
recording or from shorthand. 39. Dec. 12, 1995, citing
[Glossary of Legal Terms Wallach v. Stein [N.J]., 136
(Pro-Se), 2004]. A., 209, 210.)
Transfer. Admin. Law. A Transferor. A person from

movement (a) from one whom property moves.
position to another of Property is transferred from
equivalent rank, level or the transferor to the
salary, without a break in the transferee. [Duhaime's Legal
service; and (b) from one Dict., 2004].
office to another within the
same business Transferring stockholder.
establishment. [Sentinel Also called the Depositing
Security Agency, Inc. v. stockholder. The equitable
NLRC, GR 122468. Sep. 3, owner of the stocks
1998]. Compare with represented by the voting
Promotion. trust certificates and the
stock reversible on
Transfer. Civ. Law. 1. The act termination of the trust by
by which the owner of a surrender. [Lee v. CA, GR
thing delivers it to another 93695. Feb. 4, 1992, citing
with the intent of passing Comml. Laws of the Phil. by
the rights which he has in it Agbayani, Vol. 3, pp. 492-
to the latter. [Chemphil 493].
Export & Import Corp. v. CA,
GR 112438-39. Dec. 12, Transformation. The method
1995]. 2. Any act by which of escape from taxation
property of one person is whereby the manufacturer
vested in another. [Law Dict. or producer upon whom the
of Words & Phrases, 3rd tax has been imposed,
Series, Vol. 7, p. 5867]. fearing the loss of his market
if he should add the tax to
Transferee. A person who the price, pays the tax and
receives property being endeavors to recoup himself
transferred. The person from by improving his process of
whom the property is production thereby turning
moving is the transferor. out his units of products at a
[Duhaime's Legal Dict., lower cost. [De Leon,
2004]. Fundamentals of Taxation,
2000 Ed., p. 57].
Transfer of shares. Any
means whereby one may be Transformation doctrine.
divested of and another Intl. Law. 1. Doctrine that
1165
holds that customary Transmissibility of rights. It

international law is means that all rights
applicable domestically only acquired in virtue of an
after it is adopted by obligation are transmissible,
legislation, court decision, or except when prohibited by
local usage. [Intl. Law Dict. & law or by stipulation of the
Direct., 2004]. 2. The parties. [Diaz, Bus. Law Rev.,
doctrine that requires such 1991 Ed., p. 10].
principles of international
law to be enacted as Transmission of electricity.
statutes or otherwise The conveyance of
converted into municipal law electricity through the high
before they can be voltage backbone system.
considered binding on the [Sec. 4, RA 9136].
state. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 8]. Transmission of electricity
Compare with charge. The regulated cost
Incorporation doctrine. or charges for the use of a
transmission system which
Transient aircraft. All those may include the availment of
which do not have, at the ancillary services. [Sec. 4,
airport, any fixed base, area, RA 9136].
or parking space. [Sec. 3, RA
224]. Transmission theory. Conf.
of Laws. The process of
Transitory action. Rem. applying the law of a foreign
Law. An action founded on state through the law of a
privity of contract between second foreign state. [Paras,
the parties. [Albano, Rem. Phil. Conflict of Laws, 8th Ed.
Law Reviewer, 1st Ed., p. 71, (1996), p. 215].
citing Dela Cruz v. Seminary
of Manila, 18 Phil. 330]. Transport. To carry or
Compare with Local action. convey from one place to
another. [People v. Correa,
Transit shed. A building or GR 119246. Jan. 30, 1998,
shed which is situated at or citing Black's Law Dict., 1979
near a quay, wharf or pier, ed., p. 1344].
and is used for the
temporary or short-term Transportation. The
storage of goods in transit, movement of goods or
or to be shipped or persons from one place to
discharge from a vessel. another, by a carrier. [People
[Sec. 3, PD 857]. v. Correa, GR 119246. Jan.
Dict., 1979 Ed., p. 1344].
1166
L-65773-74. Apr. 30, 1987,

Transportation facility. citing Am Jur 2d 813].
Rails and railcars, highways,
wheeled vehicles, bridges, Transport permit. A permit
tunnels, tramways, subways, issued authorizing an
passenger or cargo vessels, individual to bring wildlife
ferry-boats, lighters, tugs, from one place to another
barges, scows, ramps, and within the territorial
any kind of facility in use or jurisdiction of the
for use of the transportation, Philippines. [Sec. 5, RA
movement, or carriage of 9147].
goods or passengers. [Sec.
3, PD 857]. Transsexualism. Legal Med.
A sexual disorder
Transportation characterized by a strong
infrastructure. Roads, compulsion to identify with
bridges, ports, airports, and the opposite gender and to
the different modes of discard one’s anatomical sex
transportation using these organ, to the extent of
infrastructure. [Sec. 4, RA having a sex change through
7607]. surgery. [Olarte, Legal Med.,
1st Ed. (2004), p. 120].
Transportation ticket. It is
not a mere piece of paper. Transship. To transfer for
When issued by a common further transportation from
carrier, it constitutes the one ship or conveyance to
contract between the ticket- another. [Samar Mining Co.
holder and the carrier. It v. Nordeutscher Lloyd, GR L-
gives rise to the obligation of 28673. Oct. 23, 1984, citing
the purchaser of the ticket to Webster's 3rd Intl. Dict.
pay the fare and the (Unabr.)].
corresponding obligation of
the carrier to transport the Transshipment. Mar. Law. 1.
passenger upon the terms The act of taking cargo out
and conditions set forth of one ship and loading it in
thereon. The ordinary ticket another. [Magellan v. CA, GR
issued to members of the 95529. Aug. 22, 1991, citing
traveling public in general Black's Law Dict., 4th Ed.,
embraces within its terms all 1670]. 2. The transfer of
the elements to constitute it goods from the vessel
a valid contract, binding stipulated in the contract of
upon the parties entering affreightment to another
into the relationship. [Comm. vessel before the place of
of Int. Rev. v. British destination named in the
Overseas Airways Corp., GR contract has been reached.
1167
[Magellan v. CA, GR 95529. drafts up to a certain sum

Aug. 22, 1991 citing, drawn by the beneficiary will
Ballentine Law Dict. with be honored by the bank.
Pronunciations, 1959 ed.,
1295]. 3. The transfer for Traverse. The term signifies
further transportation from a denial. Thus, where a
one ship or conveyance to defendant denies any
another. [Webster's 3rd New material allegation of fact in
Intl. Dict. (Unabr.), 1986 Ed., the plaintiff's declaration, he
2431; Samar Mining v. is said to traverse it, and the
Nordeutscher Lloyd, 132 plea itself is thence
SCRA 529 (1984)]. frequently termed a
traverse. [Abadilla v. Ramos,
Transvestism. Legal Med. A GR 79173. Dec. 1, 1987,
form of deviation wherein a citing Black's Law Dict., 5th
person attains sexual Ed., p. 1345].
pleasure by dressing the
way the opposite sex does. Trawl. An active fishing gear
[Olarte, Legal Med., 1st Ed. consisting of a bag shaped
(2004)]. net with or without otter
boards to open its opening
Traumatic cataract. which is dragged or towed
Cataract caused by blunt as along the bottom or through
penetrating injuries to the the water column to take
eye, intraocular foreign fishery species by straining
bodies, radiation and high them from the water,
voltage electricity. [Jarillo v. including all variations and
ECC, GR L-52058. Feb. 25, modifications of trawls
1982]. (bottom, mid-water, and
baby trawls) and tow nets.
Traveler’s check. A check [Sec. 4, RA 8550].
upon which the drawer’s
signature appears twice, one Treachery. Crim. Law. The
to be affixed by him upon means, methods, or forms
purchase of the check and employed by the offender
the other which is a counter- who commits any of the
signature to be affixed by crimes against person, which
him upon issuance. [Diaz, tend directly and specially to
Bus. Law Rev., 1991 Ed., p. ensure its execution, without
381]. risk to himself arising from
the defense which the
Traveler’s letter of credit. offended party might make.
A letter from a bank [Art. 14 (16), RPC].
addressed to its
correspondents stating that
1168
Treachery. Crim. Law. containing a narrative

Requisites: (a) That at the statement on a field of law.
time of the attack, the victim [Glossary of Legal Terms
was not in a position to (Pro-Se), 2004].
defend himself; and (b) that
the offender consciously Treatment. 1. The provision
adopted the particular of prompt, appropriate and
means, method, or form of adequate medicine, medical,
attack employed by him. and surgical management or
[People v. Estillore, 141 dietary prescription to a
SCRA 456 (1986)]. newborn for purposes of
treating or mitigating the
Treason. Crim. Law. 1. The adverse health
felony committed by any consequences of the
person who, owing heritable condition. [Sec. 4,
allegiance to the RA 9288]. 2. Any method,
Government of the technique, or process
Philippines, not being a designed to alter the
foreigner, levies war against physical, chemical or
it or adheres to its enemies, biological and radiological
giving them aid or comfort character or composition of
within the Philippines or any waste or wastewater to
elsewhere. [Art. 114, RPC]. reduce or prevent pollution.
2. A breach of allegiance to a [Sec 4, RA 9275].
government, committed by a
person who owes allegiance Treatment procedure. Any
to it. [US v. Abad 1 Phil. method used to remove the
437]. symptoms and cause of a
disease. [Sec. 1, RA 9241].
Treasury shares. Corp. Law.
Shares of stock which have Treaty. 1. A formal
been issued and fully paid agreement, usually but not
for, but subsequently necessarily in writing, which
reacquired by the issuing is entered into by states or
corporation by purchase, entities possessing treaty-
redemption, donation or making capacity, for the
through some other lawful purpose of regulating their
means. Such shares may mutual relations under the
again be disposed of for a law of nations. [Sandoval,
reasonable price fixed by the Pol. Law Reviewer 2003]. 2.
board of directors. [Sec. 9, A formal agreement between
Corp. Code]. two states signed by official
representatives of each
Treatise. A formal and state. A treaty may be law-
systematic book or writing making in that it is the
1169
declared intention of the the wood thereof. [Sec. 3, PD

signatories to make or 705].
amend their internal laws to
give effect to the treaty. Tres cantos. Sp. Three-
Other treaties are just bladed knife. [People v.
contracts between the Marciales, GR L-61961. Oct.
signatories to conduct 18, 1988].
themselves in a certain way
or to do a certain thing. Trespass. Crim. Law. 1. The
These latter type of treaties felony committed by any
are usually private to two or person who shall enter the
a limited number of states closed premises or the
and may be binding only fenced estate of another,
through the International while either or them are
Court of Justice. [Duhaime's uninhabited, if the
Legal Dict., 2004]. prohibition to enter be
manifest and the trespasser
Treaty of Paris. The treaty has not secured the
signed on Dec. 10, 1898 in permission of the owner or
Paris, France where Spain the caretaker thereof. [Art.
ceded the Philippines to the 281, RPC]. 2. Any
United States of America, unauthorized entry on realty
together with Guam, of another to the damage
Panama and Puerto Rico, for thereof. [People v. Dimana,
$20 million. GR L-26668. Apr. 27, 1972,
citing City of Cape Girardeau
Treble. Triple. v. Pankey, Mo. App. 224 S.
W. 2d 588, 589].
Treble costs. Costs (other
than double costs) which Trial. 1. All proceedings from
may be imposed on the the time when issue is
plaintiff or appellant, where joined, or, more usually,
an action or an appeal is when the parties are called
found to be frivolous, to be to try their case in court, to
paid by his attorney, if so the time of its legal
ordered by the court. [Sec. determination. [Gutierrez v.
3, Rule 143, RoC]. CA, GR 82475. Jan. 28, 1991,
citing Black's Law Dict., p.
Tree farm. Any tract of forest 1675 (Rev. 4th Ed., 1968]. 2.
land purposely and A judicial examination of
extensively planted to trees issues between parties to an
of economic value for their action. [Glossary of Legal
fruits, flowers, leaves, barks, Terms (Pro-Se), 2004].
or extractives, but not for

1170
Trial brief. A written

document prepared for and Trial in absentia. Trial which
used by an attorney at trial. may proceed after
It contains the issues to be arraignment notwithstanding
tried, synopsis of evidence the absence of the accused
to be presented and case provided that he has been
and statutory authority to duly notified and his failure
substantiate the attorney's to appear is unjustifiable.
position at trial. [Glossary of [People v. Agbulos, GR
Legal Terms (Pro-Se), 2004]. 73875. May 18, 1993, citing
Art. III, Sec. 14 (2) of the
Trial by commissioner. The 1987 Constitution].
referral, by order of the
court upon written consent Trial lawyer. A lawyer who
of both parties, of any or all personally handles cases in
of the issues in a case to a court, administrative
commissioner to be agreed agencies or boards which
upon by the parties or to be means engaging in actual
appointed by the court. The trial work either for the
word "commissioner" prosecution or for the
includes a referee, an defense of cases of clients.
auditor and an examiner. [Pineda, Legal and Judicial
[Sec. 1, Rule 32, RoC]. Ethics, (1999 Ed.), p. 4].
Trial calendar. A calendar for Triangulo (small). A

cases which have passed the firecracker shaped like a
pre-trial stage. [Albano, triangle with powder content
Rem. Law Reviewer, 1st Ed., less than the bawang and
p. 270]. usually wrapped in brown
paper measuring 3/4 inch
Trial custody. A supervised length in its longest side.
trial custody period of at [Sec. 2, RA 7183].
least six months given by
the court to the adopting Tribadist. See Lesbian.
parents to assess their
adjustment and emotional Tribal court. A court existing
readiness for the legal union under the customs and
as a prerequisite before any traditions of an indigenous
petition for adoption is finally cultural community. Such
granted. During the period of courts are not a part of the
trial custody, parental Philippine judicial system
authority shall be vested in which consists of the
the adopting parents. [Art. Supreme Court and the
35, PD 603, as amended by lower courts which have
EO 91]. been established by law
1171
(Sec. 1, Art. VIII, 1987 Trompillo. A pyrotechnic

Constitution). They do not device usually fastened at
possess judicial power. the center and designed to
[Badua v. Cordillera Bodong spin first clockwise and then
Administration, GR 92649. counter-clockwise and
Feb. 14, 1991]. provides various colored
lights upon being ignited.
Tribal land areas. The areas [Sec. 2, RA 7183].
comprising both land and
sea that are traditionally Tropical fabrics. Those
occupied by the cultural containing natural fibers
minorities. [Sec. 3, RA 7611]. produced, spun, woven or
knitted and finished in the
Triennial cohabitation Philippines. [Sec. 2, RA
doctrine. A presumption 9242].
that the husband is impotent
should the wife still remain a Troso. Tag. Round logs.
virgin after living together [Moreno’s Law Dict., 2000
with the husband for three Ed., p. 479].
(3) years. [Claridades, A.,
Compilation of Notes, 2001- Trover. An old English and
2006]. common law legal
proceeding against a person
Trigger price. The volume who had found someone
bench-mark for applying the else's property and has
special safe guard measure. converted that property to
[Sec. 4, RA 8800]. his own purposes. The action
of trover did not ask for the
Trigger volume. The price return of the property but for
bench-mark for applying the damages in an amount equal
special safeguard measure. to the replacement value of
[Sec. 4, RA 8800]. the property. English law
replaced the action of trover
Trip charter. See Voyage with that of conversion in
charter. 1852. [Duhaime's Legal
Dict., 2004].
Trisikad. Tag. Bicycle with a
sidecar used as a passenger Truce. Intl. Law. The term is
vehicle. [People v. Verano, sometimes used
GR 110109. Nov. 21, 1996]. interchangeably with
“armistice” but is now
TRO. See Temporary understood to refer to a
restraining order. ceasefire with conditions
attached. [Cruz, Intl. Law
Reviewer, 1996 Ed., p. 144].
1172
benefit of another person

Truck or cargo van. A motor called the beneficiary or
vehicle of any configuration donee. The trustee manages
that is exclusively designed and administers the
for the carriage of goods and property, actual ownership is
with any number of wheels shared between the trustee
and axles. Provided, That and the beneficiary, and all
pick-ups shall not be the profits go to the
considered as trucks. [RA beneficiary. [Duhaime's
9224]. Legal Dict., 2004]. See
Trustee.
True conflict. A legal
problem where one or more Trust agreement or
jurisdictions has a genuine declaration. The legal
interest in having its law document that sets up a
applied. [Tetley, Glossary of living trust. Testamentary
Conflict of Laws, 2004]. trusts are set up in a will.
True copy. A correct copy of
the original. [Moreno’s Law Trust de son tort. A trustee
Dict., 2000 Ed., p. 479]. "of his own wrong"; a person
who is not a regularly
Trust. 1. A fiduciary appointed trustee but
relationship concerning because of his intermeddling
property which obliges the with the trust and the
person holding it to deal with exercise of some control
the property for the benefit over the trust property, he
of another. The person can be held by a court as a
holding, in view of his constructive trustee which
equitable title, is allowed to entails liability for losses to
exercise certain powers the trust. [Duhaime's Legal
belonging to the owner of Dict., 2004]. See
the legal title. [Tabingan, Constructive trust.
Spec. Proceedings, 1st Ed.,
2001, p. 246]. 2. A legal Trusted services. Such
device used to manage real trusted services of a lawyer
or personal property, to his client which is of the
established by one person highest degree of trust.
(grantor or settlor) for the [Griño v. CSC, GR 91602.
benefit of another Feb. 26, 1991].
(beneficiary). [Glossary of
Legal Terms (Pro-Se), 2004]. Trustee. 1. One in whom
3. Property given by a confidence is reposed as
person called the donor or regards property for the
settlor, to a trustee, for the benefit of another person.
1173
[Art. 1440, CC]. 2. The charged with the

person or institution that administration of the
manages the property put in international trusteeship
trust. [Glossary of Legal system. [Cruz, Intl. Law
Terms (Pro-Se), 2004]. 3. Reviewer, 1996 Ed., p. 32].
The person who holds
property rights for the Trust ex delicto. See
benefit of another through Constructive trust.
the legal mechanism of the
trust. A trustee usually has Trust ex maleficio. See
full management and Constructive trust.
administration rights over
the property but these rights Trust funds. Funds which
must always be exercised to have come officially into the
the full advantage of the possession of any agency of
beneficiary. All profits from the Government or of a
the property go to the public officer as trustee,
beneficiary although the agent, or administrator, or
trustee is entitled to which have been received
reimbursement for for the fulfillment of some
administrative costs. There obligation. [Sec. 2, Chap. 1
is no legal impediment for a Subtitle B, EO 292].
trustee to also be a
beneficiary of the same Trustor. A person who
property. [Duhaime's Legal establishes a trust. [Art.
Dict., 2004]. 1440, CC].
Trustee de son tort Trust property. Property

A trustee "of his own wrong"; actually in existence and in
a person who is not a which the trustor has a
regularly appointed trustee transferable title or interest.
but because of his or her [Moreno’s Law Dict., 2000
intermeddling with the trust Ed., p. 477].
and the exercise of some
control over the trust Trust receipt. 1. The written
property, can be held by a or printed document signed
court as "constructive" by the entrustee in favor of
trustee which entails liability the entruster containing
for losses to the trust. terms and conditions
[LawInfo Legal Dictionary substantially complying with
(2005)]. the provisions of PD 115. No
further formality of
Trusteeship Council. The execution or authentication
principal organ of the United shall be necessary to the
Nations which is directly validity of a trust receipt.
1174
[Sec. 3, PD 115]. 2. A entruster the proceeds

security agreement, thereof to the extent of the
pursuant to which a bank amount owing to the
acquires a security interest entruster or as appears in
in the goods. It secures an the trust receipt or the
indebtedness and there can goods, instruments
be no such thing as security themselves if they are
interest that secures no unsold or not otherwise
obligation. [Vintola v. Insular disposed of, in accordance
Bank of Asia & America, GR with the terms and
73271, May 29, 1987, 150 conditions specified in the
SCRA 578]. trust receipt, or for other
purposes. [Prudential Bank
Trust Receipts Law. PD 115 v. IAC, GR 74886. Dec. 8,
entitled “Providing for the 1992, citing Sec. 4, PD 115].
regulation of trust receipts
transactions” signed into law Truth in lending. Statutes
on Jan. 29, 1973. which provide that precise
and meaningful cost of credit
Trust receipt transaction. information be provided to
Any transaction by and the credit customer. [Jurist’s
between a person referred to Legal Dict., 2004].
in PD 115 as the entruster,
and another person referred Truth in Lending Act. RA
to in the same Decree as the 3765 entitled “An Act to
entrustee, whereby the Require the Disclosure of
entruster, who owns or holds Finance Charges in
absolute title or security Connection with Extensions
interests over certain of Credit” enacted on June
specified goods, documents 22, 1963.
or instruments, releases the
same to the possession of Tubo. Tag. Lead pipe. [People
the entrustee upon the v. Aguiluz, GR 91662. Mar.
latter's execution and 11, 1992].
delivery to the entruster of a
signed document called the Tug. A steam vessel built for
trust receipt wherein the towing, synonymous with
entrustee binds himself to tugboat. [Luzon Stevedoring
hold the designated goods, Corp. v. CA, GR L-30232. July
documents or instruments in 29, 1988, citing Bouvier's
trust for the entruster and to Law Dictionary].
sell or otherwise dispose of
the goods, documents or Tugboat. 1. A strongly built,
instruments with the powerful steam or power
obligation to turn over to the vessel, used for towing and,
1175
now, also used for performances, functions or

attendance on vessel. gatherings, or peaceful
[Webster New Intl. Dict., 2nd meetings, if the act is not
Ed.]. 2. A diesel or steam included in the provisions of
power vessel designed Art. 131 and 132 of the Rev.
primarily for moving large Penal Code; or by persons
ships to and from piers for causing any disturbance or
towing barges and lighters in interruption of a tumultuous
harbors, rivers and canals. character; or by any person
[Encyc. Intl. Grolier, Vol. 18, who in any meeting,
p. 256]. 3. A steam vessel association, or public place,
built for towing, synonymous shall make any outcry
with tugboat. [Bouvier's Law tending to incite rebellion or
Dict.]. [Definitions were cited sedition or in such place
in Luzon Stevedoring Corp. shall display placards or
v. Oben, CTA Case 1484. emblems which provoke a
Oct. 21, 1968]. disturbance of the public
order; or by those persons
Tuition fee. 1. Fee collected who, in violation of the
by the school in paying for provisions contained in the
the instruction. [Sec. 1, PD last clause of Art. 85 of the
577]. 2. The school charges Rev. Penal Code, shall bury
for the subjects or course with pomp the body of a
enrolled in by a pupil or person who has been legally
student, as indicated in the executed. [Art. 153, RPC].
respective prospectuses,
colleges and universities, Tumultuous affray. It takes
which may either be on a place when a quarrel occurs
term or yearly basis or per between several persons
unit or units. [Sec. 1, Rule II, and they engage in a
PD 451]. confused and tumultuous
affray, in the course of which
Tumults and other same person is killed or
disturbance of public wounded and the author
orders; tumultuous thereof cannot be
disturbance or ascertained. [US v. Tandoc,
interruption liable to GR 15635. Mar. 16, 1920,
cause disturbance. Crim. citing Arts. 405 and 420,
Law. The felony committed RPC].
by any person who shall
cause any serious Tupada. Tag. Cockfight.
disturbance in a public [People v. Panganiban, GR
place, office, or 97969. Feb. 6, 1995].
establishment, or shall
interrupt or disturb public
1176
Turnover tax. A tax paid to sail or put out of port

when a good or a service is when there is a typhoon or
transferred from one person storm or when there is a
to another. [Intl. Law Dict. & typhoon or storm warning at
Direct., 2004]. the port of destination or
between the said ports.
Tussis. Lat. Cough. [Etepha v. [Moreno’s Law Dict., 2000
Dir. of Patents, GR L-20635. Ed., p. 479].
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
witnesses at least to the
same overt act or on
confession of the accused in
open court. [Art. 114, RPC].
Typhoon warranty. A
warranty in an insurance
policy that the insured
vessels shall not be allowed
1177
Lat. When the law does not

distinguish we should not
distinguish. [Robles v.
Zambales Chromite Mining,
GR L-12560. Sep. 30, 1958].
Ulcer. An erosion in the skin

of mucous membrane (moist
lining, as of mouth), along
with some destruction of the
tissue below. [Landicho v.
WCC, GR L-45996. Mar. 26,
1979, citing Atty.’s Dict. of
Med., Schmidt].
Ultimate facts. 1. Those

facts which the expected
evidence will support. [Salita
v. Magtolis, GR 106429. June
-U- Dict., 4th Ed.]. 2. The
essential facts constituting
Uberrima fides or the plaintiff's cause of
Uberrimae fidae. Lat. 1. action. A fact is essential if it
Most abundant good faith. cannot be stricken out
[Tang v. CA, GR L-48563. without leaving the
May 25, 1979]. 2. Good faith; statement of the cause of
absolute and perfect candor action insufficient. [Moran,
or openness and honesty; Rules of Court, Vol. 1, 1963
the absence of any Ed., p. 213, cited in Remitere
concealment or deception, v. Vda. de Yulo, GR L-19751,
however slight [Grepalife v. 28 Feb. 1966, 16 SCRA 251].
CA, GR L-31845. Apr. 30, Compare with Evidentiary
1979, citing Black's Law facts.
Dict., 2nd Ed.].
Ultra vires. Without
Ubi jus ibi remedium. Lat. authority. An act which is
Where there is a right, there beyond the powers or
is a remedy [Gabila v. Perez, authority of the person or
GR 29541. Jan. 27, 1989, organization which took it.
citing Ballentine's Law Dict., [LawInfo Legal Dictionary
1948 Ed., p. 1307]. (2005)].
Ubi lex non distinguit nec Ultra vires act. Corp. Law.
nos distinguere debemus. An act committed outside
1178
the object for which a has no authority or legal

corporation is created as representation, or who has
defined by law of its acted beyond his powers.
organization and therefore [Art. 1317, CC].
beyond the powers
conferred upon it by law Uncertificated security. A
[Rep. v. Acoje Mining, GR L- security evidenced by
18062. Feb. 28, 1963, citing electronic or similar records.
19 CJS, Sec. 965, p. 419]. 2. [Sec. 3, RA 8799].
Without authority. An act
which is beyond the powers UNCITRAL. United Nations
or authority of the person or Com-mission on
organization which took it. International Trade Law.
[Duhaime's Legal Dict., Established by a United
2004]. Compare with Intra Nations General Assembly
vires act. Resolution in 1966 to
harmonize and unify
Unanimity of parties. The international trade law. It
absence of serious was instrumental in the
controversy between the preparation of the Hamburg
parties in interest as to the Rules, 1978. [Tetley,
title of the party seeking Glossary of Conflict of Laws,
relief under Sec. 112 of the 2004].
Land Registration Act.
[Vicente v. Delos Santos, GR UNCITRAL model law,
L-20351. Feb. 27, 1969]. 1985. The UNCITRAL Model
Law on Inter-national
Unattended child. A child is Commercial Arbitration
unattended when left by adopted on June 21, 1985
himself without provisions during the Fortieth Session
for his needs and/or without of the General Assembly,
proper supervision. [Art. United Nations, New York in
141, PD 603]. 1985. [Tetley, Glossary of
Conflict of Laws, 2004].
Unauthorized access
device. Any access device Unclaimed balances. They
that is stolen, lost, expired, include credits or deposits of
revoked, canceled, money, bullion, security or
suspended, or obtained with other evidence of
intent to defraud. [Sec. 3, RA indebtedness of any kind,
8484]. and interest thereon with
banks, buildings and loan
Unauthorized contract. A associations, and trust
contract entered into in the corporations in favor of any
name of another by one who person known to be dead or
1179
who has not made further the meaning of the

deposits or withdrawals Negotiable Instruments Law
during the preceding ten though coupled with: (a) an
years or more. Such indication of a particular
unclaimed balances, fund out of which
together with the increase reimbursement is to be
and proceeds thereof, shall made or a particular account
be deposited with the to be debited with the
Treasurer of the Philippines amount; or (b) a statement
to the credit of the of the transaction which
Government of the Republic gives rise to the instrument.
of the Philippines to be used But an order or promise to
as the (Congress) may pay out of a particular fund
direct. [Sec. 1, Act 3936, as is not unconditional. [Sec. 3,
amended]. NIL].
Unclean or dirty hands. (a) Unconscionability. An

Maxim that a party whose absence of meaningful
actions cause the other choice on the part of one of
party to breach, may not the parties to a contract, and
complain. (b) When the contract terms which are
plaintiff took inappropriate unreasonably favorable to
steps in attempting to the other party. [Jurist’s
recoup a loss prior to Legal Dict., 2004].
bringing a claim. [Intl. Law
Dict. & Direct., 2004]. More Unconstitutional act. It is
precisely Coming to court not a law; it confers no
with unclean hands. rights; it imposes no duties;
it affords no protection; it
UNCLOS. United Nations creates no office; it is, in
Convention on the Law of legal contemplation,
the Sea. Signed on 10 Dec. inoperative, as if it had not
1982 at Montego Bay, been passed. It is therefore
Jamaica, it seeks to establish stricken from the statute
a legal order for the seas books and considered never
and oceans to promote their to have existed at all. Not
peaceful use, equitable and only the parties but all
efficient utilization of persons are bound by the
resources and protect and declaration of
preserve the marine unconstitutionality which
environment. means that no one may
thereafter invoke it nor may
Unconditional promise or the courts be permitted to
order to pay. An apply it in subsequent cases.
unqualified promise within It is, in other words, a total
1180
nullity. [Norton v. Shellby, quantity of petroleum retail

118 US 425, cited in Cruz, outlets or to liquefied
Phil. Pol. Law, 1987 ed., pp. petroleum gas in cylinder or
233-234]. to lube oils in packages.
[Sec. 2, PD 1865].
Uncontrollable fear. A real,
imminent, or reasonable fear Underprivileged and
for one's life or limb and homeless citizens. The
should not be speculative, beneficiaries of RA 7279 and
fanciful, or remote fear. to individuals or families
[People. v. Quilloy, GR L- residing in urban and
2313, Jan. 10, 1951, 88 Phil. urbanizable areas whose
53]. income or combined
household income falls
Uncontrollable fear of an within the poverty threshold
equal or greater injury. as defined by the NEDA and
Requisites: For this who do not own housing
exempting circumstance to facilities. This shall include
be invoked successfully, the those who live in makeshift
following requisites must dwelling units and do not
concur: (a) existence of an enjoy security of tenure.
uncontrollable fear; (b) the [Sec. 3, RA 7279].
fear must be real and
imminent; and (c) the fear of Underrun. The deficiency in
an injury is greater than or the quantity ordered. [IRR on
at least equal to that Supply & Prop. Mgt., per Sec.
committed. [People v. 383, LGC].
Petenia, GR L-51256. Aug.
12, 1986]. Undertaker. Person who
practices undertaking. [Sec.
Uncounselled admission. 89, PD 856].
See Fruits of the
poisonous tree. Undertaking. The care,
transport and disposal of the
Underfilling or body of a deceased person
Underdelivery. A sale, by any means other than
transfer, delivery or filling of embalming. [Sec. 89, PD
petroleum products of a 856].
quantity that is actually
beyond authorized limits Underwriter. 1. A person
than the quantity indicated who guarantees on a firm
or registered on the commitment and/or declared
metering device of best effort basis the
container. This refers, distribution and sale of
among others, to the securities of any kind by
1181
another company. [Sec. 3, not have entered into. It

RA 8799]. 2. Any person who must, in some measure,
has purchased from an destroy the free agency of a
issuer with a view to, or sells party and interfere with the
for an issuer in connection exercise of that independent
with, the distribution of any discretion which is necessary
security or participates or for determining the
has a direct or indirect advantage or disadvantage
participation in any such of a proposed contract.
undertaking, or participates [Sierra v. CA, GR 90270. July
or has a participation in the 24, 1992]. 2. A person’s
direct or indirect taking improper advantage
underwriting of any such of his power over the will of
undertaking; but such term another, depriving the latter
shall not include a person of a reasonable freedom of
whose interest is limited to a choice. The following
commission from an circumstances shall be
underwriter or dealer not in considered: the confidential,
excess of the usual and family, spiritual and other
customary distributor's or relations between the
seller's commission. [Sec. 3, parties, or the fact that the
RA 2629]. person alleged to have been
unduly influenced was
Underwriting. The act or suffering from mental
process of guaranteeing the weakness, or was ignorant or
distribution and sale of in financial distress.
securities of any kind issued [Claridades, A., Compilation
by another corporation. [Sec. of Notes, 2001-2006]. 3. As
3, PD 129]. used in connection with the
law of wills, it may be
Undue. More than necessary; defined as that which
not proper; illegal. [Pecho v. compels the testator to do
Sandiganbayan, GR 111399. that which is against the will
Nov. 14, 1994, citing Black's from fear, the desire of
Law Dict., 5th Ed., 1370]. peace, or from other feeling
which he is unable to resist.
Undue influence. 1. Any [Torres and Lopez de Bueno
means employed upon a v. Lopez (48 Phil., 772)].
party which, under the
circumstances, he could not Undue influence to vitiate
well resist, and which con-sent. There is undue
controlled his volition and influence when a person
induced him to give his takes improper advantage of
consent to the contract, his power over the will of
which otherwise he would another, depriving the latter
1182
of a reasonable freedom of parties are incapable of

choice. [Art. 1337, CC]. giving consent to a contract.
[Art. 1403, CC].
Undue injury. An injury more
than necessary, excessive, Unfair competition. Comm.
improper or illegal. [Jacinto Law. 1. The employment of
v. Sandiganbayan, GR deception or any other
84571. Oct. 2, 1989, citing means contrary to good faith
Black's Law Dict., 5th Ed., p. by which a person shall pass
1370]. off the goods manufactured
by him or in which he deals,
Unemployed. The term or his business, or services,
refers only to those who are for those of another who has
without or are separated already established goodwill
from employment, and does for his similar goods,
not include instances when business or services, or any
an employee is not actually acts calculated to produce
working, as during the the same result. [Sec. 29, RA
period of his illness. 166, as amended]. 2. Crim.
[Canovas v. Batangas Law. The felony committed
Transportation Co., GR L- by any person who, in unfair
19868. Mar. 31, 1965, citing competition and for the
Sec. 14, RA 1161, as purposes of deceiving or
amended]. defrauding another of his
legitimate trade or the public
Unenforceable contract. A in general, shall sell his
con-tract which cannot be goods giving them the
sued upon or enforced in general appearance of goods
court unless it is ratified. of another manufacturer or
[Diaz, Bus. Law Rev., 1991 dealer, either as to the
Ed., p. 93]. goods themselves, or in the
wrapping of the packages in
Unenforceable contract. which they are contained or
Kinds: The following the device or words thereon
contracts are unenforceable, or in any other features of
unless they are ratified: (a) their appearance which
Those entered into in the would be likely to induce the
name of another person by public to believe that the
one who has been given no goods offered are those of a
authority or legal manufacturer or dealer other
representation, or who has than the actual
acted beyond his powers; (b) manufacturer or dealer or
those that do not comply shall give other persons a
with the Statute of Frauds; chance or opportunity to do
and (c) those where both
1183
the same with a like party in blank, and by

purpose. [Art. 189, RPC]. writing any document above
such signature in blank, to
Unfair labor practice. 1. Any the prejudice of the offended
un-fair labor practice as party or of any third person.
expressly defined in the [Art. 315, RPC].
Labor Code. [Sec. 1, Rule 1,
Book 5, IRR of LC]. 2. Actions Unforeclosed equity of
by the employer which redemption. The equity of
interfere with, restrain, redemption retained by
coerce, or threaten subsequent or junior lien-
employees with respect to holders if they be not joined
their rights. [Glossary of in the foreclosure action, the
Legal Terms (Pro-Se), 2004]. judgment in the mortgagor's
favor being ineffective as to
Unfaithfulness or abuse of them, and in that case, a
confidence. In the crime of separate foreclosure
estafa or swindling, the act proceeding should be
committed: (a) By altering brought to require them to
the substance, quantity, or redeem from the first
quality or anything of value mortgagee, or the party
which the offender shall acquiring title to the
deliver by virtue of an mortgaged property at the
obligation to do so, even foreclosure sale, within 90
though such obligation be days, the period fixed in Sec.
based on an immoral or 2, Rule 68 of the Rev. Rules
illegal consideration; (b) By of Court for the mortgagor
misappropriating or himself to redeem. [Limpin
converting, to the prejudice v. IAC, GR L-70987. Sep. 29,
of another, money, goods, or 1988].
any other personal property
received by the offender in Ungathered fruits. Fruits
trust or on commission, or already matured at the time
for administration, or under of the termination of the
any other obligation usufruct, which ordinarily
involving the duty to make would have already been
delivery of or to return the gathered by the
same, even though such usufructuary, but which
obligation be totally or remain ungathered for no
partially guaranteed by a fault imputable to him, but
bond; or by denying having because of malice or an act
received such money, goods, imputable to the naked
or other property; or (c) By owner or a third person, or
taking undue advantage of even due to force majeure or
the signature of the offended fortuitous event. [Tolentino,
1184
Civil Code of the Phil., Vol. II, undertakes an express

Repr. 2001, p. 323]. performance without
receiving any express
Uniform Currency Law. RA promise of performance
529 entitled “An Act to from the other. [Glossary of
assure uniform value to Legal Terms (Pro-Se), 2004].
Philippine coin and currency”
enacted on June 16, 1950, as Unilateral promise to sell.
amended by RA 4100 on An offer which, although
June 19, 1964. Repealed by accepted but is not
RA 8183 enacted on June 11, supported by any
1996. consideration distinct from
the price, does not produce
Uniformity in taxation. 1. a binding and enforceable
The rule applies to property contract of sale. The offer in
of the life kind and character this case, as well as the
and similarly situated, and a acceptance, both lack a
tax, in order to be uniform, most essential element —
must operate alike on all the manner of payment of
persons, things, or property, the purchase price. Hence,
similarly situated. So the the offer to sell may be
requirement is complied with withdrawn without the offer
when the tax is levied or committing any breach of
equally uniformly on all contract. [Navarro v. Sugar
subjects of the same class Producers Cooperative, GR
and kind and is violated if L-12888. Apr. 29, 1961].
particular kinds, species, or
items of property are Unilateral promise to buy
selected to bear the whole or to sell a determinate
burden of the tax, while thing for a price certain.
others, which should be An offer. [Equatorial Realty
equally subjected to it, are v. Mayfair Theater, GR
left untaxed. [Villanueva v. 106063. Nov. 21, 1996].
City of Iloilo, GR L-26521.
Dec. 28, 1968, citing CJS 79]. Uninhabited place or
2. That principle by which all despoblado. The term
taxable articles or kinds of refers not to the distance of
property of the same class the nearest house to the
shall be taxed at the same locus criminis. The more
rate [Churchill v. important consideration is
Concepcion, 34 Phil. 969 whether the place of
(1916)]. commission affords a
reasonable possibility for the
Unilateral contract. An victim to receive some help.
agreement by which one [People v. Desalisa, GR
1185
95262, Jan. 4, 1994, 229 empowered to audit books of

SCRA 35]. It must be accounts of the union. [Sec.
established that solitude was 1, Rule 1, Book 5, IRR of LC].
purposely sought or taken
advantage of to facilitate the Union shop. Labor. An
commission of the crime. agreement under which the
[People v. Cabiles, GR workers are not required to
113785. Sep. 14, 1995, be union members when
citing Art. 14 (6), RPC] hired; but to maintain
continued employment, they
Unintentional abortion. must continue to pay union
Crim. Law. The felony dues and must become
committed by any person union members also after
who shall cause an abortion some time. [Poquiz, Labor
by violence, but Rel. Law, 1999 Ed. p. 157,
unintentionally. [Art. 257, citing Beal and Wickersham,
RPC]. The Practice of Collective
Bargaining, pp. 242-243].
Unintentional abortion.
Elements: (a) That there is a Unissued capital stock.
pregnant woman; (b) that That portion of the capital
violence is used upon such stock that is not issued or
pregnant woman without subscribed. It does not vote
intending an abortion. (c) and draws no dividends. [De
that the violence is Leon, Corp. Code of the Phil.
intentionally exerted; and (d) Annotated, 1989 Ed., p. 53].
that as a result of the
violence the foetus dies, Unit. 1. A value, quantity or
either in the womb or after magnitude, in terms of which
having been expelled other values, quantities or
therefrom. [People v. magnitudes are expressed.
Salufrania, GR L-50884. Mar. [Sec. 4, BP 8]. 2. A part of
30, 1988]. the condominium project
intended for any type of
Union. An organization of independent use or
workers formed for the ownership, including one or
purpose of collective more rooms or spaces
bargaining. [Glossary of located in one or more floors
Legal Terms (Pro-Se), 2004]. (or part or parts of floors) in
a building or buildings and
Union accounts examiners. such accessories as may be
Officials in the Bureau of appended thereto. [Sec. 3,
Labor Relations or the RA 4726]. 3. A part of the
Industrial Relations Division condominium property which
in the DOLE-Regional Office is to be subject to private
1186
ownership. [GOAL, Inc. v. CA, Unit operation. The physical

GR 118822. July 28, 1997]. operation by which a desired
Compare with Common step in an industrial process
areas and facilities. is conducted or controlled.
[Sec. 3, RA 9267].
United Nations (UN).
Intergovernmental Unit process. The chemical
organization established in change which is involved in
1945 as the successor to the the manufacture of industrial
League of Nations. It is or consumer products or the
concerned with the treatment of industrial or
maintenance of international chemical wastes. [Sec. 3, RA
peace and security. The UN's 9267].
principal organs are the
General Assembly, Security Units of property. Those
Council, Secretariat, items of property which
International Court of Justice, when retired, with or without
Economic and Social Council, replacement, are accounted
and the Trusteeship Council. for by crediting the book
Its headquarters is in New cost thereof to the property
York City. [Intl. Law Dict. & account in which included.
Direct., 2004]. [Sec. 5, RA 2321].
United Nations charter. Unity of object. Succ. It

Multilateral treaty signed on means that two or more
June 26, 1945, and in force persons must be called to
from Oct. 24, 1945. It is the the same inheritance, legacy
constitution of the United or devise, or to the same
Nations, an portion thereof, pro indiviso.
intergovernmental [Jurado, Comments & Jurisp.
organization. The Charter on Succession, 1991 8th Ed.,
defines the organization's p. 459]. Compare with
structure, its authority, and Plurality of subjects.
its goals. [Intl. Law Dict. &
Direct., 2004]. Universal electricity
charge. The charge, if any,
United Nations Commission imposed for the recovery of
on International Trade the stranded cost (of
Law. See UNCITRAL. electricity) and other
purposes. [Sec. 4, RA 9136].
United Nations Convention
on the Law of the Sea. Universality principle. Intl.
See UNCLOS. Law. Doctrine that a court
has criminal jurisdiction if
the forum state has the
1187
defendant in custody. [Intl. [Moreno's Phil. Law Dict., 2nd

Law Dict. & Direct., 2004]. Ed., p. 483].
Universal law. Law so Unjust enrichment. 1. The

fundamental or basic that it transfer of value without just
is binding upon all states cause or consideration. The
whether they have transfer is usually made in
individually consented to it accordance with law, but the
or not. [Intl. Law Dict. & determining factor is the
Direct., 2004]. lack of cause or
consideration. The elements
Universal partnership. A of this doctrine are:
partnership which may refer enrichment on the part of
to all the present property or the defendant;
to all the profits. [Art. 1777, impoverishment on the part
CCC]. Compare with of the plaintiff; and lack of
Particular partnership. cause. The main objective is
to prevent that one may
Universal partnership of all enrich himself at the
present property. A expense of another. If this
partnership in which the situation is obtained, equity
partners contribute all the steps in to protect the one
property which actually prejudiced. [Ponce de Leon
belongs to them to a v. Syjuco, GR L-3316. Oct.
common fund, with the 31, 1951]. 2. A legal
intention of dividing the procedure whereby a person
same among themselves, as can seek reimbursement
well as all the profits which from another who benefited
they may acquire therewith. from the former’s action or
[Art. 1778, CC]. property without legal
justification. There are said
Universal partnership of to be three conditions which
profits. A partnership which must be met before one can
comprises all that the get a court to force
partners may acquire by reimbursement based on
their industry or work during unjust enrichment: an actual
the existence of the enrichment or benefit to the
partnership. [Art. 1780, defendant, a corresponding
CCC]. deprivation to the plaintiff,
and the absence of a legal
Universal title. Succ. All the reason for the defendant's
properties of the inheritance enrichment. [Duhaime's
or a certain indeterminate or Legal Dict., 2004].
aliquot part thereof.

1188
Unjust enrichment maxim. but which unjustifiably

The maxim that states that annoys or vexes an innocent
“no person should enrich person. As a punishable act,
himself at the expense of or it should include any human
prejudice of others.” [Rep. v. conduct which, although not
CA, GR L-31303-04. May 31, productive of some physical
1978]. or material harm would,
however, unjustifiably annoy
Unjust interlocutory order. or vex an innocent person.
Crim. Law. The felony [Gregorio, Fund. of Crim.
committed by any judge who Law Rev., 1997 9th Ed., p.
shall knowingly render an 695, citing People v.
unjust interlocutory order or Cayason, CA GR 04787-CR,
decree or who shall have Apr. 10, 1965].
acted by reason of
inexcusable negligence or Unlawful activity. Anti-
ignorance and the Money Laundering Act of
interlocutory order or decree 2001 (RA 9160). Any act or
be manifestly unjust. [Art. omission or series or
206, RPC]. combination thereof
involving or having relation
Unjust judgment. 1. A to the following: (a)
judgment which is contrary Kidnapping for ransom under
to law or is not supported by Art. 267 of the RPC, as
the evidence, or both. [Dela amended; (b) Sec. 3, 4, 5, 7,
Cruz v. Concepcion, AM RTJ- 8 and 9 of Art. 2 of RA 6425,
93-1062. Aug. 25, 1994]. 2. as amended, otherwise
One contrary to the known as the Dangerous
standards of right and justice Drugs Act of 1972; (c) Sec. 3
or standards of conduct par. B, C, E, G, H and I of RA
prescribed by the law. 3019, as amended;
[Buenavista v. Garcia, AM otherwise known as the Anti-
RTJ-88-246. July 19, 1990]. Graft and Corrupt Practices
Act; (d) plunder under RA
Unjustly convicted. The 7080, as amended; (e)
phrase has the same robbery and extortion under
meaning as "knowingly Art. 294, 295, 296, 299, 300,
rendering an unjust 301 and 302 of the Rev.
judgment” in Art. 204 of the Penal Code, as amended; (f)
Rev. Penal Code. [Basbacio jueteng and masiao
v. Drilon, GR 109445. Nov. 7, punished as illegal gambling
1994]. under PD 1602; (g) piracy on
the high seas under the Rev.
Unjust vexation. Any act Penal Code, as amended and
committed without violence PD 532; (h) qualified theft
1189
under, Art. 310 of the Rev. actual peril. It is an offensive

Penal Code, as amended; (i) act positively strong and
swindling under Art. 315 of determinative of the
the Rev. Penal Code, as aggressor's intent to cause
amended; (j) smuggling harm or injury. It
under RAs 455 and 1937; (k) presupposes material attack
violations under RA 8792, which is impending or at the
otherwise known as the point of happening, and not
Electronic Commerce Act of merely an intimidating
2000; (l) hijacking and other attitude or stance. [People v.
violations under RA 6235; Ganzagan, GR L-113793.
destructive arson and Aug. 11, 1995]. 3. An assault
murder, as defined under or attack, or a threat thereof
the Rev. Penal Code, as in an imminent and
amended, including those immediate manner, which
perpetrated by terrorists places the accused's life in
against non-combatant actual peril. [People v.
persons and similar targets; Ganzagan, GR L-113793.
(m) fraudulent practices and Aug. 11, 1995, citing
other violations under RA Moreno, Phil. Law Dict., 3rd
8799, otherwise known as Ed. (1982)].
the Securities Regulation
Code of 2000; (n) felonies or Unlawful appointments.
offenses of a similar nature Crim. Law. The felony
that are punishable under committed by any public
the penal laws of other officer who shall knowingly
countries. [Sec. 3, RA 9160]. nominate or appoint to any
public office any person
Unlawful aggression. 1. An lacking the legal
actual, sudden and qualifications therefore. [Art.
unexpected attack, or an 244, RPC].
imminent danger thereof,
and not merely a Unlawful arrest. Crim. Law.
threatening or intimidating The felony committed by any
attitude. There must exist a person who, in any case
real danger to the life or other than those authorized
personal safety of the person by law, or without
claiming self-defense. reasonable ground therefor,
[People v. Boniao, 217 SCRA shall arrest or detain another
653]. 2. As an indispensable for the purpose of delivering
element of self-defense, an him to the proper
assault or attack, or a threat authorities. [Art. 269, RPC].
thereof in an imminent and
immediate manner, which Unlawful detainer. 1. The
places the accused's life in act of unlawfully withholding
1190
the possession of the land or person who by means of

building against or from a printing, lithography, or any
landlord, vendor or vendee other means of publication
or other person after the shall publish or cause to be
expiration or termination of published as news any false
the detainer's right to hold news which may endanger
possession by virtue of a the public order, or cause
contract express or implied. damage to the interest or
[Commander Realty v. CA, credit of the State; (b) any
GR L-77227. May 9, 1988]. 2. person who by the same
Withholding by a person means, or by words,
from another for not more utterances or speeches shall
than one year, of the encourage disobedience to
possession of a land or the law or to the constituted
building to which the latter is authorities or praise, justify,
entitled after the expiration or extol any act punished by
or termination of the law; (c) any person who shall
former's right to hold maliciously publish or cause
possession by virtue of a to be published any official
contract express or implied. resolution or document
[Sps. Medina and Bernal v. without proper authority, or
Valdellon, 63 SCRA 282 before they have been
(1975)]. Also known as published officially; or (d)
Illegal detainer. any person who shall print,
publish, or distribute or
Unlawful entry. An entrance cause to be printed,
effected by a way not published, or distributed
intended for the purpose. books, pamphlets,
[Art. 14 (18), RPC]. periodicals, or leaflets which
do not bear the real printer's
Unlawful taking. name, or which are classified
Appropriating a thing as anonymous. [Art. 154,
belonging to another and RPC].
placing it under one’s control
or possession. In the Unliquidated damages or
asportation, the intent to claims. Those which are not
return the thing taken is not or cannot be known until
present. [Gregorio, Fund. of definitely ascertained,
Crim. Law Rev., 1997 9th Ed., assessed and determined by
p. 704]. the courts after presentation
of proof. [Central Azucarera
Unlawful use of means of de Bais v. CA, GR 87597.
publication and unlawful Aug. 3, 1990].
utterances. Crim. Law. The
felony committed by: (a) any
1191
Unliquidated debt. payment, and the condition

Remaining not determined; on which it was received has
unassessed or unsettled; in been broken by reason of
dispute as to the proper the dishonor of the
amount. [Glossary of Legal instrument, the insolvency of
Terms (Pro-Se), 2004]. the buyer, or otherwise. [Art.
1525, CC].
Unnecessary expenditures.
Expenditures not supportive Unpaid seller, rights of. (a)
of the implementation of the A lien on the goods or right
objectives and mission of the to retain them for the price
agency relative to the nature while he is in possession of
of its operation. This could them; (b) in case of the
also include incurrence of insolvency of the buyer, a
expenditure not dictated by right of stopping the goods
the demands of good in transitu after he has
government, and those the parted with the possession
utility of which cannot be of them; (c) a right of resale;
ascertained at a specific (d) a right to rescind the
time. An expenditure that is sale. Where the ownership in
not essential or that which the goods has not passed to
can be dispensed with the buyer, the unpaid seller
without loss or damage to has, in addition to his other
property is considered remedies a right of
unnecessary. [COA Circular withholding delivery similar
No. 88-55-A, dated 08 Sep. to and coextensive with his
1985]. rights of lien and stoppage in
transitu where the ownership
Unorganized has passed to the buyer.
establishment. [Art. 1526, CC].
Establishment where there
exists no certified bargaining Unpatented mineral lands.
agent. [ALU v. Calleja, GR Those lands which were
82260, July 19, 1989, 175 located as mining claims
SCRA 490]. under the provisions of the
Philippine Bill of 1902 but
Unpaid seller. The seller of are not yet covered by a
goods who is deemed to be mineral patent. [Sec. 18, PD
an unpaid seller: (a) when 464].
the whole of the price has
not been paid or tendered; Unprocessed food. Food
or (b) when a bill of that has not undergone any
exchange or other treatment that results in
negotiable instrument has substantial change in the
been received as conditional original state even if it may
1192
have been divided boned, purpose or function. [Sec.

skinned, peeled, ground, cut 27, NIRC, as amended].
cleaned, trimmed, fresh-
frozen or chilled. [Sec. 3, RA Unsecured debts. In
8976]. bankruptcy, debts such as
open accounts at
Unregistered or department stores for which
abandoned lands. Lands in the debtor has not pledged
urban and urbanizable areas collateral to guarantee
which are not registered with payment. [Glossary of Legal
the Register of Deeds, or Terms (Pro-Se), 2004].
with the city or municipal
assessor's office concerned, Unserviceable property. A
or which are uninhabited by property that is not
the owner and have not operational. It may be
been developed or devoted economically repairable or
for any useful purpose, or beyond economical repair.
appears unutilized for a [IRR on Supply & Prop. Mgt.,
period of three (3) per Sec. 383, LGC].
consecutive years
immediately prior to the Unsolicited appearance.
issuance and receipt of (The act of) willfully
publication of notice of appearing as an attorney for
acquisition by the a party to a case without
Government as provided authority so to do. [Porac
under the law. It does not Trucking v. CA, GR 81093.
include land which has been Oct. 15, 1991].
abandoned by reason of
force majeure or any other Unwarranted. Lacking
fortuitous event: Provided, adequate or official support;
That prior to such event, unjustified; unauthorized.
such land was previously [Gallego v. Sandiganbayan,
used for some useful or GR L-57841. July 30, 1982,
economic purpose. citing Webster, 3rd New Intl.
Dict., p. 2514)
Unrelated trade, business
or other activity. Any Unwilling co-plaintiff. Any
trade, business or other party who should be joined
activity, the conduct of as plaintiff but whose
which is not substantially consent cannot be obtained
related to the exercise or may be made a defendant
performance by such and the reason therefor shall
educational institution or be stated in the complaint.
hospital of its primary [Sec. 10, Rule 3, RoC].

1193
Unwritten constitution. It [Sec. 1, Rule 1, Book 2, IRR

consists of rules which have of LC].
not been integrated into a
single, concrete form but are Upland farming. Planting of
scattered in various sources, up-land crops which usually
such as statutes of a require less water than other
fundamental character, crops, as in non-irrigated
judicial decisions, and elevated farm areas.
commentaries of publicists, [Sec. 4, RA 7607].
customs and traditions, and
certain common law Urban. A city or town.
principles. [Cruz, Constl. [Glossary of Legal Terms
Law, 1998 Ed., p. 4-5]. (Pro-Se), 2004].
Compare with Written
constitution. Urban areas. All cities
regardless of their
Unwritten law. Law in population density and to
common-law countries which municipalities with a
grew out of custom and population density of at least
which, without having been five hundred (500) persons
reduced to writing in the per square kilometers. [Sec.
beginning, were handed 3, RA 7279].
down by tradition from one
generation to another, and Urban Development and
accepted by them as the Housing Act of 1992. RA
law. [Francisco, Evidence, 7279 entitled “An Act to
Vol. VII, Part 1, 1997 Ed., pp. provide for a comprehensive
725-726]. and continuing urban
development and housing
Updating. Training to program, establish the
improve the performance of mechanism for its
people in their occupation in implementation, and for
respect to modern other purposes” enacted on
developments; new March 24, 1992.
materials, tools, processes.
[Sec. 1, Rule 1, Book 2, IRR Urbanizable areas. Sites
of LC]. and lands which, considering
present characteristics and
Upgrading. Training for prevailing conditions, display
supplementary skills and marked and great potential
knowledge in order to of becoming urban areas
increase the versatility and within the period of five (5)
occupational mobility of a years. [Sec. 3, RA 72797].
worker or to improve his
standard of performance.
1194
Urbanizable lands. Sites and at least 50 percent of the

land areas which, economically active
considering present population engaged in non-
characteristics and agricultural activities; (c) All
prevailing conditions, display barangays not included in
a marked and high items (a) and (b) above
probability of becoming which have a population size
urban lands within the of at least 1,000 and where
period of five to ten years. at least 50 percent of the
[Sec. 3, PD 1517]. economically active
population are engaged in
Urban Land Reform Act or non-agricultural activities.
Law. PD 1517 entitled [Sec. 3, PD 1517].
“Proclaiming urban land
reform in the Philippines and Urban poor. Individuals or
providing for the families residing in urban
implementing machinery centers and urbanizing areas
thereof” and signed into law whose income or combined
on June 11, 1978. household income falls
below the poverty threshold
Urban land reform zones. as defined by the NEDA
See Areas for priority and/or cannot afford in a
development. sustained manner to provide
their minimum basic needs
Urban lands. Lands which of food, health, education,
conform to any of the housing and other essential
following criteria: (a) In their amenities of life. [Sec. 3, RA
entirety, all cities and 8425].
municipalities which have
the population density of at Uremia. A toxic clinical
least 1,000 persons per condition characterized by
square kilometer and where restlessness, muscular
at least 50 percent of the twitchings, mental
economically active disturbance, nausea, and
population are engaged in vomiting associated with
non-agricultural activities; renal insufficiency brought
(b) All barangays comprising about by the retention in
the former poblacion or blood of nitrogeneous
barangays including a part of urinary waste products. One
the former poblacion of of its causes is the
cities or municipalities which obstruction in the flow of
have a population density of urinary waste products.
greater than 500 but less [Narazo v. ECC, GR 80157.
than 1,000 persons per Feb. 6, 1990].
square kilometer; and where
1195
Ureterolithiasis. The 32974. July 30, 1979, citing

presence of stone in the IV Manresa, 1951 Ed., pp.
ureter. This stone originates 316-318]. Compare with
from the kidney and are Necessary expenses.
carried down to the ureter
by urine flow. [Chavez v. Use of dangerous drug. The
ECC, GR L-61931. Mar. 31, act of injecting,
1987]. intravenously or
intramuscularly, or of
Usage. The customary consuming, either by
method of performing or chewing, smoking, sniffing,
carrying out an activity that eating, swallowing, drinking,
is followed by a particular or otherwise introducing into
group of people, such as the physiological system of
people within a particular the body, any of the
trade. [Intl. Law Dict. & dangerous drugs. [Sec. 2, RA
Direct., 2004]. 6425].
Use. The act of injecting, Use of falsified documents.

intravenously or Crim. Law. The felony
intramuscularly, or of committed by any person
consuming, either by who shall knowingly
chewing, smoking, sniffing, introduce in evidence in any
eating, swallowing, drinking, judicial proceeding or to the
or otherwise introducing into damage of another or who,
the physiological system of with the intent to cause such
the body, any of the damage, shall use any of the
dangerous drugs. [Sec. 2, RA false documents embraced
6425]. in Art. 171, or in any of the
subdivisions of Art. 172 of
Used secondhand article. the Rev. Penal Code. [Art.
Any goods, article, item, 172, RPC].
object or anything of value
obtained from an unlicensed Use immunity. Immunity
dealer or supplier, which prohibits use of
regardless of whether the witness' compelled
same has actually or in fact testimony and its fruits in
been used. [IRR, Sec. 6, PD any manner in connection
1612]. with the criminal prosecution
of the witness. [Galman v.
Useful expenses. Those Pamaran, GR 71208-09. Aug.
incurred for the 30, 1985, citing Black Law
enhancement of the utility or Dict., 5th Ed., 1979].
productivity of the property. Compare with
[Ortiz v. Kayanan, GR L- Transactional immunity.
1196
Rev. Penal Code. [Art. 162,

User-Led strategy. Also RPC].
Market-driven strategy. A
strategy which promotes Usufruct. 1. A right to enjoy
strengthened linkages the property of another with
between educational/training the obligation of preserving
institutions and industry to its form and substance,
ensure that appropriate skills unless the title constituting it
and knowledge are provided or the law otherwise
by the educational system. provides. [Art. 562, CC]. 2.
[Sec. 3, RA 7796]. The right to enjoy the
property of another with the
Using false certificates. obligation of preserving its
Crim. Law. The felony form and substance. (Jus
committed by any one who alienis rebus utendi fruendi
shall knowingly use any of salva rerum substantia.)
the false certificates [Barretto v. Tuason, GR
mentioned in Art. 174 of the 23923. Mar. 23, 1926]. 3.
Rev. Penal Code. [Art. 175, The rights to the product of
RPC]. another's property. For
example, a farmer may give
Using fictitious name and a right of usufruct of his land
concealing true name. to a neighbor, thus enabling
Crim. Law. The felony that neighbor to sow and
committed by any person reap the harvest of that
who shall publicly use a land. [Duhaime's Legal Dict.,
fictitious name for the 2004].
purpose of concealing a
crime, evading the execution Usufruct, how
of a judgment or causing extinguished. (a) By the
damage, or by any person death of the usufructuary,
who conceals his true name unless a contrary intention
and other personal clearly appears; (b) by the
circumstances. [Art. 178, expiration of the period for
RPC]. which it was constituted, or
by the fulfillment of any
Using forged signature or resolutory condition
counterfeit seal or stamp. provided in the title creating
Crim. Law. The felony the usufruct; (c) by merger
committed by any person of the usufruct and
who shall knowingly make ownership in the same
use of the counterfeit seal or person; (d) by renunciation
forged signature or stamp of the usufructuary; (e) by
mentioned in Art. 161 of the the total loss of the thing in
usufruct; (f) by the
1197
termination of the right of to any person in authority or

the person constituting the public officer of the
usufruct; (g) by prescription. Philippine Government or
[Art. 603, CC]. any foreign government, or
any agency thereof, without
Usurer. One who lends being lawfully entitled to do
money at a rate of interest so. [Art. 177, RPC].
greater than that established
by law. [Martin, Usurpation of civil status.
Commentaries and Jurisp. on Crim. Law. The felony
Comml. Laws, Vol. 1, 1988 committed by any person
Rev. Ed., p. 413]. who shall usurp the civil
status of another, whether or
Usurious contract. One not he should do so for the
which stipulates for the purpose of defrauding the
payment of more than lawful offended part or his heirs.
interest for the use of [Art. 348, RPC].
money, or forbearance of a
debt. [Martin, Commentaries Usurpation of executive
and Jurisp. on Comml. Laws, functions. Crim. Law. The
Vol. 1, 1988 Rev. Ed., p. felony committed by any
413]. judge who shall assume any
power pertaining to the
Usurious interest. That executive authorities, or
which is paid or stipulated to shall obstruct the latter in
be paid beyond the rate of the lawful exercise of their
interest established by law. powers. [Art. 240, RPC].
[Martin, Commentaries and
Jurisp. on Comml. Laws, Vol. Usurpation of judicial
1, 1988 Rev. Ed., p. 415]. authority. Elements: (a)
That the offender is an
Usurpation of authority. officer of the executive
Also Usurpation of official branch of the government;
functions. Crim. Law. The and (b) that he assumes
felony committed by any judicial powers, or obstructs
person who shall knowingly the execution of any order or
and falsely represent himself decision rendered by any
to be an officer, agent or judge within his jurisdiction.
representative of any [Muñez v. Ariño, AM MTJ-94-
department or agency of the 985. Feb. 21, 1995].
Philippine Government or of
any foreign government, or Usurpation of judicial
who, under pre-tense of functions. Crim. Law. The
official position, shall felony committed by any
perform any act pertaining officer of the executive
1198
branch of the Government Usurpation of official

who shall assume judicial functions. See Usurpation
powers or shall obstruct the of authority.
execution of any order or
decision rendered by any Usury. 1. Contracting for or
judge within its jurisdiction. receiving something in
[Art. 241, RPC]. excess of the amount
allowed by law for the loan
Usurpation of legislative or forbearance of money,
powers. Crim. Law. The goods or chattels. [Tolentino
felony committed by any v. Gonzales, 50 Phil. 558
public officer who shall (1927)]. 2. That rate of
encroach upon the powers of interest charged for the loan
the legislative branch of the of money which is in excess
Government, either by of the rate authorized by
making general rules or law. [Torres, Oblig. & Cont.,
regulations beyond the 2000 Ed., p. 355]. 3.
scope of his authority, or by Extraction of interest on a
attempting to repeal a law or loan above the maximum
suspending the execution rate permitted by statute.
thereof. [Art. 239, RPC]. [Glossary of Legal Terms
(Pro-Se), 2004]. 4. Excessive
Usurpation of name. It or illegal interest rate.
implies some injury to the [Duhaime's Legal Dict.,
interests of the owner of the 2004].
name. It consists in the
possibility of confusion of Usury. Elements: (a) A loan,
identity between the owner express or implied; (b) an
and the usurper. It exists understanding between the
when a person designates parties that the money lent
himself by another name. shall or may be returned; (c)
[Tolentino v. CA, GR L- that for such loan a greater
41427. June 10, 1988]. rate or interest that is
allowed by law shall be paid,
Usurpation of name. or agreed to be paid, as the
Elements: (a) There is an case may be; and (d) a
actual use of another's name corrupt intent to take more
by the defendant; (b) the than the legal rate for the
use is unauthorized; and (c) use of money loaned.
the use of another's name is [Herrera v. Petrophil Corp.,
to designate personality or GR L-48349. Dec. 29, 1986].
identify a person. [Tolentino
v. CA, GR L-41427. June 10, Usury Law. Act 2655, as
1988]. amended, which took effect
on May 1, 1916. It is now
1199
“legally inexistent” because or of the appropriateness of

of Circular No. 905 of the health care services, on a
Central Bank adopted on prospective, concurrent or
Dec. 22, 1982 which has retrospective basis. [Sec. 1,
expressly removed the RA 9241].
interest ceilings prescribed
by the Usury Law. [Torres, Ut res magis valeat quam
Oblig. & Cont., 2000 Ed., p. pereat. Lat. 1. That
43]. construction (is to be)
sought which gives effect to
Utang na loob. Tag. the whole of the statute —
Gratitude which renders a its every word. [Tamayo v.
man beholden to another, a Gsell, 35 Phil. 953, 980]. 2.
sense of obligation which is That the thing may rather
valued as highly as pride have effect than be
and honor. [In re: Estrada, destroyed. [JMM Promotions
AM 87-9-3918-RTC. Oct. 26, & Management v. NLRC, GR
1987]. 109835. Nov. 22, 1993,
citing Simonds v. Walker,
Utilization. 1. The extraction 100 Mass. 113]. 3. A law
or disposition of minerals. should be interpreted with a
[Sec. 3, RA 7942]. 2. The act view of upholding rather
of employing, enjoying, than destroying it. From this
applying, converting supplies principle arises the rule that
or property for the purpose in construing a statute, that
for which the same are interpretation is to be
acquired. [IRR on Supply & adopted which will give force
Prop. Mgt., per Sec. 383, and effect to every word,
LGC]. 3. All operations clause and sentence of the
involved in the manufacture, enactment.
processing or conversion of
raw corals into finished Uttering of coins. The
products. [Sec. 3, PD 1219]. circulation, passing of
counterfeit coins. The act of
Utilization equipment. giving away or delivering or
Energy-consuming passing to another
equipment including motors, counterfeit coins. [Gregorio,
heaters, furnaces, light Fund. of Crim. Law Rev.,
sources and other devices 1997 9th Ed., p. 442].
which utilize electric energy,
for any purpose. [Sec. 2, RA
7920].
Utilization review. A formal

review of a patient utilization
1200
about public or semi-public

buildings or places or
trampling or wandering
about the country or the
-V- streets without visible
means of support; 3. Any
Vacancy in the inheritance. idle or dissolute person who
Succ. Vacancy caused by ledges in houses of ill fame;
any of the following: (a) ruffians or pimps and those
predecease of one of the who habitually associate
instituted heirs, legatees or with prostitutes. 4. Any
devisees; (b) incapacity of person who, not being
one of the instituted heirs, included in the provisions of
legatees or devisees; (c) other articles of the Rev.
repudiation by one of the Penal Code, shall be found
instituted heirs, legatees or loitering in any inhabited or
devisees; (d) non-fulfillment uninhabited place belonging
of the suspensive condition to another without any
attached to the institution of lawful or justifiable purpose.
an heir or the designation of [Art. 202, RPC]. 5. A tramp or
a legatee or devisee; and (e) homeless person.
void or ineffective [Duhaime's Legal Dict.,
testamentary dispositions. 2004].
[Jurado, Comments & Jurisp.
on Succession, 1991 8th Ed., Vague statute or act. A
p. 463]. statute or act which lacks
comprehensible standards
Vacate. To set aside. that men of common
[Glossary of Legal Terms intelligence must necessarily
(Pro-Se), 2004]. guess at its meaning and
differ as to its application. It
Vaginismus. Legal Med. is repugnant to the
Painful spasm of the vagina Constitution in two respects:
during coitus. [Olarte, Legal (a) it violates due process for
Med., 1st Ed. (2004), p. 115]. failure to accord persons,
especially the parties
Vagrant. 1. Any person targeted by it, fair notice of
having no apparent means the conduct to avoid; and (b)
of subsistence, who has the it leaves law enforcers
physical ability to work and unbridled discretion in
who neglects to apply carrying out its provisions
himself or herself to some and becomes an arbitrary
lawful calling. [Sec. 1, Phil. flexing of the Government
Vagrancy Act (Act 519)]. 2. muscle. [People v. Nazario,
Any person found loitering GR L-44143. Aug. 31, 1988].
1201
or determinable to which the

Valid consignation. delegate must conform in
Requisites: The debtor must the performance of his
show (a) that there was a functions. [Pelaez v. Auditor
debt due; (b) that the General, GR L-23825. Dec.
consignation of the 24, 1965].
obligation had been made
because the creditor to Valid dismissal. Requisites:
whom tender of payment (a) The dismissal must be for
was made refused to accept any of the causes expressed
it, or because he was absent in Art. 282 of the Labor
or incapacitated, or because Code, and (b) the employee
several persons claimed to must be given an
be entitled to receive the opportunity to be heard and
amount due [Art 1176, CC]; to defend himself. [Midas
(c) that previous notice of Touch Food Corp. v. NLRC,
the consignation had been GR 111639. July 29, 1996].
given to the person
interested in the Valid execution pending
performance of the appeal. Requisites: (a)
obligation [Art. 1177, CC]; There must be a motion by
(d) that the amount due was the prevailing party with
placed at the disposal of the notice to the adverse party;
court and (e) that after the (b) there must be good
consignation had been made reasons for issuing
the person interested was execution; and (c) the good
notified thereof. [Ponce de reasons should be stated in
Leon v. Syjuco Inc., 90 Phil., a special order. [Sasan v. CA,
311]. GR L-77201. Sep. 26, 1988].
Valid delegation of power. Valid marriage. Essential

Although Congress may requisites: (a) Legal capacity
delegate to another branch of the contracting parties
of the Government the who must be a male and a
power to fill in the details in female; and (b) Consent
the execution, enforcement freely given in the presence
or administration of a law, it of the solemnizing officer.
is essential that said law: (a) [Art. 2, FC].
be complete in itself, setting
forth therein the policy to be Valid marriage. Formal
executed, carried out or requisites: (a) Authority of
implemented by the the solemnizing officer; (b) a
delegate; and (b) fix a valid marriage license
standard - the limits of which except in the cases provided
are sufficiently determinate for in Chap. 2 of Title I of the
1202
Family Code; and (c) a whole or in part, or that the

marriage ceremony which service rendered contributed
takes place with the to such success. [Erlanger &
appearance of the Galinger v. Swedish East
contracting parties before Asiatic Co., Ltd., 34 Phil.
the solemnizing officer and 178].
their personal declaration
that they take each other as Valid search warrant.
husband and wife in the Requisites: (a) It must be
presence of not less than issued upon probable cause;
two witnesses of legal age. (b) the probable cause must
[Art. 3, FC]. be determined by the judge
himself and not by the
Valid retrenchment. applicant or any other
Requisites: (a) The losses person; (c) in the
expected should be determination of probable
substantial and not merely cause, the judge must
de minimis in extent; (b) the examine, under oath or
substantial losses affirmation, the complainant
apprehended must be and such witnesses as the
reasonably imminent; (c) the latter may produce; and (d)
retrenchment must be the warrant issued must
reasonably necessary and particularly describe the
likely to effectively present place to be searched and
the expected losses; and (d) persons or things to be
the alleged losses, if already seized. [Lim v. Ponce de
incurred, and the expected Leon, 66 SCRA 299].
imminent losses sought to
be forestalled, must be Valuable consideration.
proved by sufficient and Nego. Inst. It consists either
convincing evidence. in some right, interest, profit
[Catatista v. NLRC, 247 SCRA or benefit, accruing to the
46, Aug. 3, 1995, citing the party who makes the
case of Lopez Sugar Corp. v. contract or some
Federation of Free Workers, forbearance, detriment, loss,
189 SCRA 179, Aug. 30, responsibility, act, labor, or
1990]. service on the other side.
Valid salvage claim. of Notes, 2001-2006].
Necessary elements: (a) A
marine peril; (b) service Value. 1. Any consideration
voluntarily rendered when sufficient to support a simple
not required as an existing contract. [Sec. 3, PD 115]. 2.
duty or from a special 2. Any consideration
contract; and (c) success in sufficient to support a simple
1203
contract. An antecedent or rank, that without regard to

pre-existing obligation, whether the conditions for
whether for money or not, plant variety protection are
constitutes value where a fully met, can be defined by
receipt is taken either in the expression of the
satisfaction thereof or as characteristics resulting from
security therefor. [Sec. 25, a given genotype or
Act 2137]. combination of genotypes,
distinguished from any other
Value-added tax. Tax paid plant groupings by the
by a taxpayer only on the expression of at least one (1)
value added to a good. [Intl. characteristics, and
Law Dict. & Direct., 2004]. considered as a unit with
regard to the suitability for
Valued policy. Ins. A policy being propagated
of insurance which unchanged. A variety may
expresses on its face an be represented by seed,
agreement that the thing transplants, plants, tubers,
insured shall be valued at a tissue culture plantlets, and
specific sum. [Sec. 61, IC]. other forms. [Sec 3, RA
Compare with Open policy. 9168].
Variable contract. Ins. Any Vatican City. A city in Italy

policy or contract on either a which has an independent
group or on an individual government of its own, with
basis issued by an insurance the Pope, who is also head of
company providing for the Roman Catholic Church,
benefits or other contractual as the Holy See or Head of
payments or values State, in conformity with its
thereunder to vary so as to traditions, and the demands
reflect investment results of of its mission in the world.
any segregated portfolio of [Holy See v. Rosario, GR
investments or of a 101949. Dec. 1, 1994].
designated separate account
in which amounts received in Vehicle. 1. Any carriage
connection with such traveling on its own wheels
contracts shall have been or runners and used or
placed and accounted for intended to be used for the
separately and apart from conveyance or carrying of
other investments and persons, animals or goods.
accounts. [Sec. 232 (2), IC]. [Sec. 3, RA 4663]. 2. Any
thing that is designed to
Variety. A plant grouping transport persons or objects.
within a single botanical A bicycle has been held to
taxon of the lowest known
1204
be a vehicle. [Duhaime's location of a judicial hearing.

Legal Dict., 2004]. [Duhaime's Legal Dict.,
2004]. Compare with
Veinte nueve. Batangas Jurisdiction.
knife. Also Beinte nueve.
Venue of personal actions.
Vendee. The buyer; the Actions affecting title to or
person buying. [Claridades, possession of personal
A., Compilation of Notes, property, or interest therein
2001-2006]. may be commenced and
tried where the plaintiff or
Vendor. The seller; the any of the principal plaintiffs
person selling. [Duhaime's resides, or where the
Legal Dict., 2004]. defendant or any of the
principal defendants resides,
Veneer. A non structural or in the case of a non-
facing of brick, concrete, tile, resident defendant where he
metal, plastic, glass, or other may be found, at the
similar approved materials election of the plaintiff. [Sec.
attached to a backing or 2, Rule 4, RoC].
structural components of the
building for the purpose of Venue of real actions.
ornamentation, protection, Actions affecting title to or
or enclosure that may be possession of real property,
adhered, integrated, or or interest therein, shall be
anchored either on the commenced and tried in the
interior or exterior of the proper court which has
building or structure. [Sec. jurisdiction over the area
1203, PD 1096]. wherein the real property
involved, or a portion
Venta con pacto de thereof, is situated. [Sec. 1,
retracto. Sp. Sale with the Rule 4, RoC].
right to repurchase. [Cruz v.
Joaquin, GR 1170. Sep. 17, Verba fortius accipiuntur
1903]. contra proferentem. Lat. A
principle of construction
Venue. 1. The place of the whereby if the words of a
court where the trial is to contract are ambiguous, or
take place. [Torres, Oblig. & of two equally possible
Cont., 2000 Ed., p. 355]. 2. meanings, they should be
Authority of a court to hear a interpreted against the
matter based on author of the words and not
geographical location. against the other party.
[Glossary of Legal Terms [Duhaime's Legal Dict.,
(Pro-Se), 2004]. 3. The 2004].
1205
the allegations therein are

Verba intentioni, non e true and correct of his
contra, debent inservire. knowledge and belief. [Sec.
Lat. Words ought to be more 4, Rule 7, RoC]. 2. A
subservient to the intent and statement under oath which
not the intent to the words. confirms the contents of an
[Phil. Consumers Foundation, accompanying document.
Inc., v. NTC, GR L-63318. [Torres, Oblig. & Cont., 2000
Aug. 18, 1984]. Ed., p. 355].
Verbal acts. Statements Veritas simplex oratio est.

accompanying an equivocal Lat.The language of truth is
act material to the issue, simple. [People v. Malunes,
and giving it a legal GR 114692. Aug. 14, 1995].
significance. [Claridades, A.,
Compilation of Notes, 2001- Vermin. A group of insects or
2006]. Compare with small animals such as flies,
Spontaneous statements. mosquitoes, cockroaches,
fleas, lice, bedbugs, mice
Verba legis non est and rats which are vectors of
recedendum. Lat. From the diseases. [Sec. 69, PD 856].
words of a statute there
should be no departure. Vertical shaft. An enclosed
[Globe-Mackay Cable and vertical space of passage
Radio Corp. v. NLRC, 206 that extends from floor to
SCRA 701 (1992)]. floor, as well as from the
base to the top of the
Verdict. 1. A conclusion, as to building. [Sec. 3, PD 1185].
fact or law, that forms the
basis for the court's Vessel. 1. Every type of boat,
judgment. [Glossary of Legal craft, or other artificial
Terms (Pro-Se), 2004]. 2. contrivance used, or capable
The decision of a (court). In of being used, as a means of
criminal cases, this is usually transportation on water.
expressed as "guilty" or "not [Sec. 131, RA 7160]. 2.
guilty". In a civil case, the Every description of
verdict would be a finding for watercraft, or other artificial
the plaintiff or for the contrivance used, or capable
defendant. [Duhaime's Legal of being used, as a means of
Dict., 2004]. transportation on water.
[Sec. 3, PD 600]. 3. Any
Verification. 1. An affidavit vessel or watercraft used for
that verifies a pleading to transport of passengers and
the effect that the affiant cargo from one place to
has read the same and that another through Philippine
1206
Waters. It shall include all established and is no longer

kinds and types of vessels or open to doubt or
boats used in fishing. [Sec. controversy. [Downs v.
2, PD 532]. See Ship. Blount, 170 Fed. 15,20, cited
in Balboa v. Farrales, 51 Phil.
Vessels. Also Watercraft. 498, 502]. 3. A right having
Any barge, lighter, bulk been created by the
carrier, passenger ship appropriate law, the
freighter, tanker, container recognition of its existence
ship, fishing boats or other should follow everywhere.
artificial contrivance utilizing Thus an act valid where
any source of motive power, done cannot be called in
designed, used or capable of question anywhere. [Beale,
being used as a means of A Selection of Cases on the
water transportation Conflicts of Laws, vol. 3,
operating either as common 1902 at p. 517].
contract carrier, including
fishing vessels covered Vested rights doctrine. The
under PD 43, except (i) those doctrine which holds that the
owned and/or operated by duty to recognize another
the Armed Forces of the jurisdiction's law was not
Philippines and by foreign dependent on comity, with
governments for military its expectation of reciprocity,
purposes, and (ii) bancas, but rather on the mere fact
sailboats and other that such rights had been
waterborne contrivance of validly created under the
less than three gross tons foreign law of their place of
capacity and not motorized. origin, i.e. that they were
[Sec. 3, PD 474]. vested rights. [Tetley,
Glossary of Conflict of Laws,
Vested right. 1. Property 2004].
which has become fixed and
established, and is no longer Vestibule. A passage hall or
open to doubt or antechamber between the
controversy; an immediately outer doors and the interior
fixed right of present or parts of a house or building.
future enjoyment as [Sec. 3, PD 1185].
distinguished from an
expectant or contingent Veteran. 1. Any person or
right [Benguet Consolidated persons who served in the
Mining v. Pineda, 98 Phil. regularly constituted air,
711; Balbao v. Farrales, 51 land, or naval services or
Phil. 498]. 2. Some right or army, or in such non-
interest in property which regularly organized military
has become fixed and units in the Philippines
1207
during World War II and II, and the Korean conflict.

whose services with such [Sec. 2, RA 2664].
units are duly recognized by
the Republic of the Veterinarian. A natural
Philippines or by the person who has been
Government of the United registered and issued a valid
States, those who served in Certificate of Registration
the Philippine Expeditionary and Professional
Force to Korea and Vietnam, Identification Card by the
or in any armed conflict in Professional Regulatory
which the Philippines may be Board of Veterinary Medicine
involved in the future, and in accordance with RA 9268.
the retirees and pensioners [Sec. 4, RA 9268].
of the Armed Forces of the
Philippines, and the military Veto. Admin. Law. The refusal
personnel who served in the of assent by the executive
post World War II military officer whose assent is
service for at least ten years. necessary to perfect a law
Provided, That the said which has been passed by
veterans or retirees have the legislative body, and the
been discharged under message which is usually
honorable conditions from sent to such body by the
the service or continue in executive, stating such
the active military service or refusal and the reasons
are carried in the military therefor. [Black's Law Dict.,
roster on inactive reserve: Abr. 5th Ed. (1987), p. 809].
Provided, further, That for
purposes of PD 1906, the Veto. Intl. Law. The negative
term shall also include the vote which any of the
widows, orphans and permanent members of the
compulsory heirs of United Nations Security
deceased veterans in the Council is allowed to cast in
direct ascending line and the decision of non-
direct descending line, procedural questions. The
excluding their effect of this veto is to
grandchildren and great- defeat the measure under
grandchildren. [Sec. 4, PD consideration even if
1906]. 2. The term shall supported by a majority or,
include all military personnel in fact, all of the other
who served with the military members of the Council.
forces of the Philippines [Cruz, Intl. Law Reviewer,
during the revolution against 1996 Ed., p. 29].
Spain, the Spanish-American
War, World War I, World War Veto power of the
President. The general
1208
power of the President to done anything wrong. This is

veto the entire bill, not often the case with
merely parts thereof. [Sec. employers who are held
27(1), Art. VI, 1987 Const.]. vicariously liable for the
The exception to the general damages caused by their
veto power is the power employees. [Duhaime's
given to the President to Legal Dict., 2004].
veto any particular item or
items in a general Vices of consent. The
appropriations bill [Sec. following vices or defects
27(1), Art. VI, 1987 Const.]. vitiate consent and render
In so doing, the President the contract voidable: (a)
must veto the entire item. mistake or error; (b) force or
[Phil. Const. Assoc. v. violence; (c) intimidation; (d)
Enriquez, GR 113105. Aug. undue influence; and (e)
19, 1994]. fraud. [Art. 1330, CC].
Via trita est tuttisima. Lat. Victimless crimes. Those

The trodden path is the crimes where, by the very
safest path. [Tolentino v. nature thereof, no damages
Sec. of Finance, GR 115455. can possibly be sustained by
Aug. 25, 1994]. a private party, such as
espionage, violation of
Vicarious liability doctrine. neutrality, flight to enemy
Also Imputed negligence country or crimes against
doctrine. 1. The obligation popular representation.
which is demandable not [People v. Quijada, GR
only for one's own acts or 115008-09. July 24, 1996].
omissions, but also for those
of persons for whom one is Videlicet. Lat. To wit or That
responsible. [Art. 2180, CC]. is to say. Abbrev. Viz. It is
2. Under Anglo-American tort often found in legal
law, a person is not only documents to advise that
liable for torts committed by what follows provides more
himself, but also for torts detail about a preceding
committed by others with general statement. For
whom he has a certain example: "The defendant
relationship and for whom he committed adultery; viz., on
is responsible. [Tamargo v. April 15th, at approximately
CA, GR 85044. June 3, 1992]. 10:30 pm, he had sexual
3. When a person is held intercourse with Ms. Jane
responsible for the tort of Doe." [Duhaime's Legal
another even though the Dict., 2004].
person being held
responsible may not have
1209
Vigilantibus it non which the (Philippine)

dormientibus jure Government is not involved,
subveniunt. Lat. If eternal violates any regulation
vigilance is the price of issued by competent
liberty, one cannot sleep on authority for the purpose of
one's right. [Dela Cruz v. enforcing neutrality. [Art.
Dela Cruz, GR L-61969. July 119, RPC].
25, 1984].
Violation of parliamentary
Vinculum juris. Lat. Bond of immunity. Crim. Law. The
law. See Juridical or Legal felony committed by any
tie. person who shall use force,
intimidation, threats, or
Vindictive damages. See fraud to prevent any
Exemplary damages and member of the National
Punitive damages. Assembly (Congress of the
Philippines) from attending
Violation. Injury; the meetings of the
infringement; breach of Assembly (Congress) or of
right, duty or law; any of its committees or
ravishment; seduction. subcommittees,
[Black's Law Dict., Abr. 5th constitutional commissions
Ed. (1987), p. 811]. or committees or divisions
thereof, from expressing his
Violation of domicile. Crim. opinions or casting his vote;
Law. The felony committed or by any public officer or
by any public officer or employee who shall, while
employee who, not being the Assembly (Congress) is
authorized by judicial order, in regular or special session,
shall enter any dwelling arrest or search any member
against the will of the owner thereof, except in case such
thereof, search papers or member has committed a
other effects found therein crime punishable under the
without the previous consent Rev. Penal Code by a penalty
of such owner, or having higher than prision mayor.
surreptitiously entered said [Art. 145, RPC].
dwelling, and being required
to leave the premises, shall Violence. Unjust or
refuse to do so. [Art. 128, unwarranted exercise of
RPC]. force, usually with the
accompaniment of
Violation of neutrality. vehemence, outrage or fury.
Crim. Law. The felony [Black's Law Dict., Abr. 5th
committed by anyone who, Ed. (1987), p. 811].
on the occasion of a war in
1210
Violence against women long abandoned in most

and their children. Any act countries) legal principle
or a series of acts committed meaning that man and wife
by any person against a are considered to be one
woman who is his wife, person in law. [Duhaime's
former wife, or against a Legal Dict., 2004].
woman with whom the
person has or had a sexual Virgin. Legal Med. A woman
or dating relationship, or who has had no carnal
with whom he has a knowledge of man and
common child, or against her whose genital organs have
child whether legitimate or not been altered by carnal
illegitimate, within or without connection. [Olarte, Legal
the family abode, which Med., 1st Ed. (2004), p. 122].
result in or is likely to result Compare with Chaste.
in physical, sexual,
psychological harm or Virginity. Legal Med. The
suffering, or economic abuse state of not knowing the
including threats of such nature of sexual life and not
acts, battery, assault, having experienced sexual
coercion, harassment or relation (moral virginity). A
arbitrary deprivation of condition whereby a woman
liberty. [Sec. 3, RA 9262]. is conscious of the nature of
sexual life but has not
Violence to vitiate consent. experienced sexual
There is violence when in intercourse (physical
order to wrest consent, virginity). [Olarte, Legal
serious or irresistible force is Med., 1st Ed. (2004), p. 122].
employed. When this is Compare with Chastity.
present, consent is not free.
[Diaz, Bus. Law Rev., 1991 Visa. 1. An official
Ed., p. 69, citing Art. 1335, endorsement on a document
CC]. or passport denoting that
the bearer may proceed.
Violent. Moving, acting, or [Glossary of Legal Terms
characterized, by physical (Pro-Se), 2004]. 2. Formal
force, especially by extreme authorization to enter a
and sudden or by unjust or country. [Intl. Law Dict. &
improper force. [Black's Law Direct., 2004].
Dict., Abr. 5th Ed. (1987), p.
811]. Visit, right of. Intl. Law.
Right of a warship or military
Vir. Lat. Man or husband. Vir aircraft on the high seas to
et uxor censentur in lege approach a foreign ship if
una persona is an old (and the warship or aircraft has
1211
reasonable grounds for processing or distribution of

suspecting that the foreign fuel gas, gasoline and fuel or
ship is. (a) engaged in lubricating oil, companies
piracy, (b) engaged in the engaged in the production or
slave trade, (c) engaged in processing of essential
unauthorized broadcasting, commodities or products for
(d) a ship without a export, and companies
nationality, or (e) a ship that engaged in banking of any
refuses to fly a flag or is kind, as well as hospitals,
flying a foreign flag when it schools and colleges. [Sec.
actually has the same 2, PD 823].
nationality as the warship or
aircraft. [Intl. Law Dict. & Vital information. Any
Direct., 2004]. information, document,
book, writing or any other
Visitation right. The right of evidence necessary to build
access of a noncustodial up to the people's case
parent to his or her child or and/or secure the conviction
children. [Silva v. CA, GR of criminals. [Sec. 1, PD
114742. July 17, 1997, citing 1731].
Black's Law Dict., 6th Ed., p.
1572]. Viva voce. Lat. With the
living voice; by word of
Visitorial power. The power mouth. As applied in the
of the Sec. of Labor or his examination of witness, this
duly authorized phrase is equivalent to
representative to inquire, “orally.” [Black's Law Dict.,
from time to time, into the Abr. 5th Ed. (1987), p. 811].
financial activities of
legitimate labor Vivero de peces. Sp.
organizations and to Fishpond.
examine their books of
accounts and other records Viz. Abbreviation of the Latin
to determine compliance or word videlicet. Short for
non-compliance with the law "namely" or "that is to say."
and to prosecute any [Duhaime's Legal Dict.,
violations of the law and the 2004].
union constitution and by-
laws. [Art. 274, LC]. Vocational preparation
training. A range of training
Vital industries. Public activities primarily aimed at
utilities, including the youth and covering any
transportation and or all of the following: (a)
communication, companies First introduction to work of
engaged in the manufacture, a vocational character
1212
covering a range of obligation, as a contract

occupational activities; (b) between an adult and a
preparing the youth for minor. [Glossary of Legal
choosing an occupation or a Terms (Pro-Se), 2004]. 2.
line of training; (c) The law distinguishes
acquainting the youth with between contracts which are
different materials, tools, void and those which are
machines, procedures and voidable. Some contracts
elementary theoretical have such a latent defect
knowledge relevant to a that they are said to be void
group of occupations; (d) (see definition of void
providing the youth with above). Others have more
working methods and minor defects to them and
standards expected at work; are voidable at the option of
and (e) giving the youth the party victimized by the
basic knowledge about defect. [Duhaime's Legal
contributions which they Dict., 2004].
may be able to make to the
economic and social Voidable marriage. A
development of the country. marriage which may be
[Sec. 1, Rule 1, Book 2, IRR annulled for any of the
of LC]. following causes, existing at
the time of the marriage: (a)
Void. 1. Invalid; a void The party in whose behalf it
agreement is one for which is sought to have the
there is no remedy. marriage annulled was
[Glossary of Legal Terms eighteen years of age or
(Pro-Se), 2004]. 2. Not over but below twenty-one,
legally binding. A document and the marriage was
that is void is useless and solemnized without the
worthless; as if it did not consent of the parents,
exist. For example, contracts guardian or person having
for immoral purposes are substitute parental authority
said to be "void": over the party, in that order,
unenforceable and not unless after attaining the
recognized by the courts. A age of twenty-one, such
good example is a contract party freely cohabited with
to commit a serious crime the other and both lived
such as murder. [Duhaime's together as husband and
Legal Dict., 2004]. wife; (b) either party was of
unsound mind, unless such
Voidable. 1. Capable of being party after coming to reason,
declared invalid; a voidable freely cohabited with the
contract is one where a other as husband and wife;
person may avoid his (c) the consent of either
1213
party was obtained by fraud, even though there may have

unless such party been no damage to the
afterwards, with full contracting parties, such as:
knowledge of the facts (a) those where one of the
constituting the fraud, freely parties is incapable of giving
cohabited with the other as consent to a contract; (b)
husband and wife; (d) the those where the consent is
consent of either party was vitiated by mistake,
obtained by force, violence, intimidation, undue
intimidation or undue influence or fraud [Art. 1390,
influence, unless the same CC]; and (c) those agreed to
having disappeared or in a state of drunkenness; or
ceased, such party (d) those agreed to during a
thereafter freely cohabited hypnotic spell. [Art. 1328,
with the other as husband CC].
and wife; (e) either party
was physically incapable of Void contract. One which
consummating the marriage has no force and effect from
with the other, and such the very beginning, as if it
incapacity continues and had never been entered into,
appears to be incurable; or and which cannot be
(f) either party was afflicted validated either by time or
with a sexually-transmissible by ratification. [Palmera v.
disease found to be serious CSC, GR 110168. Aug. 4,
and appears to be incurable. 1994]. Also Inexistent
[Art. 45, FC]. contract.
Voidable or annullable Void donation. See

contract. A contract that Donation, when void.
possesses all the essential
requisites of a contract, Void for vagueness
namely: consent, object and doctrine. The rule that a
cause, but has a defect or statute or act may be said to
vice in that the consent is be vague when it lacks
vitiated either by mistake, comprehensible standards
violence, intimidation, undue that men of common
influence, fraud or that one intelligence must necessarily
of the contracting parties is guess at its meaning and
incapable of giving consent differ as to its application. It
to the contract. [Diaz, Bus. is repugnant to the
Law Rev., 1991 Ed., p. 88]. Constitution in two respects:
(a) it violates due process for
Voidable or annullable failure to accord persons,
contracts. Contracts that especially the parties
are voidable or annullable, targeted by it, fair notice of
1214
the conduct to avoid; and (b) contracted with either or

it leaves law enforcers both parties believing in
unbridled discretion in good faith that the
carrying out its provisions solemnizing officer had the
and becomes an arbitrary legal authority to do so; (c)
flexing of the Government those solemnized without
muscle. [People v. Nazario, license, except those
GR L-44143. Aug. 31, 1988]. exempted from license
requirement; (d) Those
Void judgment. It is in legal bigamous or polygamous
effect no judgment. By it no marriages not failing under
rights are divested. From it Art. 41, FC); (e) those
no rights can be obtained. contracted through mistake
Being worthless in itself, all of one contracting party as
proceedings founded upon it to the identity of the other;
are equally worthless. It (f) those subsequent
neither binds nor bars any marriages that are void
one. All acts performed under Art. 53, FC; or (g)
under it and all claims those contracted by any
flowing out of it are void. The party who, at the time of the
parties attempting to celebration, was
enforce it may be psychologically
responsible as trespassers. incapacitated to comply with
The purchaser at a sale by the essential marital
virtue of its authority finds obligations of marriage, shall
himself without title and likewise be void even if such
without redress. [Gomez v. incapacity becomes manifest
Concepcion, 47 Phil. 717, only after its solemnization.
722-723]. [Arts. 35 and 36, FC].
Void marriages due to Void marriages for reasons

absence of any of the of public policy. The
essential requisites. The following marriages shall be
following marriages shall be void from the beginning for
void from the beginning due reasons of public policy: (a)
to absence of any of the between collateral blood
essential requisites: (a) relatives whether legitimate
Those contracted by any or illegitimate, up to the
party below eighteen years fourth civil degree; (b)
of age even with the consent between step-parents and
of parents or guardians; (b) step-children; (c) between
those solemnized by any parents-in-law and children-
person not legally authorized in-law; (d) between the
to perform marriages unless adopting parent and the
such marriages were adopted child; (e) between
1215
the surviving spouse of the of previous illegal contracts

adopting parent and the [Art. 1422, CC].
adopted child; (f) between
the surviving spouse of the Voir dire. Literally means “to
adopted child and the speak the truth.” 1. In Amer.
adopter; (g) between an jurisprudence, the term
adopted child and a denotes preliminary
legitimate child of the examination under oath of
adopter; (h) between prospective jurors. The
adopted children of the examination is conducted to
same adopter; and (i) determine the competency
between parties where one, or qualifications of the
with the intention to marry witness in case it is objected
the other, killed that other to. When the court subjects
person's spouse, or his or the witness to voir dire, the
her own spouse. [Art. 38, court reminds him or her
FC]. about the consequences of
the truth. When the court is
Void or inexistent satisfied that the influence of
contracts. Contracts which fear or hope has been ruled
are inexistent and void from out, then the confession of
the beginning, viz: (a) Those the witness can be deemed
whose cause, object or voluntary. [People v. Miscala,
purpose is contrary to law, GR 91016. Sep. 27, 1991]. 2.
morals, good customs, public The preliminary examination
order or public policy; (b) made in court of a witness or
those which are absolutely juror to determine his
simulated or fictitious; (c) competency or interest in a
those whose cause or object matter. [Glossary of Legal
did not exist at the time of Terms (Pro-Se), 2004].
the transaction; (d) those
whose object is outside the Volatile substances. Any
commerce of men; (e) those liquid, solid or mixed
which contemplate an substance having the
impossible service; (f) those property of releasing toxic
where the intention of the vapors or fumes containing
parties relative to the one or more of the following
principal object of the chemical compounds:
contract cannot be methanol, ethanol,
ascertained; (g) those isopropanol, ethyl acetate,
expressly prohibited or n-propyl acetate, n-butyl
declared void by law [Art. acetate, acetone, methyl
1409, CC]; and (g) those ethyl ketone, methyl butyl
which are the direct results ketone, benzene, toluene,
xylene, stryene, naphtalene,
1216
n-pentane, n-hexane, n- of the will. Compare with

heptane, methylene Cognition test.
chloride, trichloroenthylene,
tetrachloroenthylene, nitrous Voltage. The highest
oxide, effective potential difference
dichlorodifluoromethane, between any two conductors
chlorodifluoromethane, of the circuit concerned
isoamyl nitrate, ether or expressed in volts. [Sec. 2,
chloroform or any other RA 7920].
chemical substance which
when sniffed, smelled, Volte-face. An about-face; a
inhaled, or introduced into reversal, as in policy or
the physiological system of decision. [Word for the Day,
the body produces or Dictionary.com, Feb. 1,
induces a condition of 2002].
intoxication, inebriation,
excitement, stupefaction, Voluntarily committed
dulling of the brain or child. A child whose
nervous system, depression, parent(s) knowingly and
giddiness, paralysis, or willingly relinquishes
irrational behaviour or in any parental authority to the
manner changing, distorting DSWD. [Sec. 3, RA 8552].
or disturbing the auditory, Compare with Involuntarily
visual or mental processes. committed child.
[Sec. 1, PD 1619].
Voluntary
Volenti non fit injuria. Lat. acknowledgment. See
That to which a person Voluntary recognition.
assents is not deemed in law
an injury. Consent to injury. Voluntary act. A free,
Voluntary assumption of risk. intelligent, and intentional
A defense in tort that means act. [US v. Ah Chong, GR
where a person engages in 5272. Mar. 19, 1910].
an event accepting and
aware of the risks inherent in Voluntary appearance. A
that event, then he cannot waiver of the necessity of a
later complain of, or seek formal notice. An
compensation for an injury appearance in whatever
suffered during the event. form, without expressly
[Duhaime's Legal Dict., objecting to the jurisdiction
2004]. of the court over the person,
(which) is a submission to
Volition test. That there be a the jurisdiction of the court
total deprivation of freedom over the person. [Flores v.
Zurbito, 37 Phil. 746, 750;
1217
reiterated in Busuego v. CA, Voluntary compensation.

151 SCRA 376, 385]. This takes place when there
is compensation by
Voluntary arbitration. The agreement of the parties as
reference of a dispute to an in the case of mutual set-off
impartial body, the members of accounts. [Torres, Oblig. &
of which are chosen by the Cont., 2000 Ed., p. 141].
parties themselves, which Compare with Legal
parties freely consent in compensation.
advance to abide by the
arbitral award issued after Voluntary deposit. Civ. Law.
proceedings where both A deposit wherein the
parties had the opportunity delivery is made by the will
to be heard. [Hi-Precision of the depositor. [Art. 1968,
Steel Center, Inc. v. Kim CC]. Compare with
Steel Builders, Inc., GR Necessary deposit.
110434. Dec. 13, 1993].
Compare with Compulsory Voluntary easements. 1.
arbitration. Easements established by
the will of the owners. [Art.
Voluntary arbitrator. Any 619, CC]. 2. (They are)
person accredited by the extinguished upon (their)
National Conciliation and renunciation by the owner of
Mediation (NCMB) as such, the dominant estate. [Art.
or any person named or 631, CC].
designated in the collective
bargaining agreement, by Voluntary heir. An heir who
the parties to act as their is called to the whole or to
voluntary arbitrator, or one an aliquot part of the free
chosen, with or without the portion of the inheritance by
assistance of the NCMB, virtue of a will. [Jurado,
pursuant to a selection Comments & Jurisp. on
procedure agreed upon in Succession, 1991 8th Ed., p.
the collective bargaining 104, citing Art. 782, CC].
agreement, or any official
that may be authorized by Voluntary HIV testing. HIV
the Sec. of Labor and testing done on an individual
Employment to act as who, after having undergone
voluntary arbitrator upon the pre-test counseling, willingly
written request and submits himself/herself to
agreement of the parties to such test. [Sec. 4, RA 8496].
a labor dispute. [Sec. 1, Rule
1, Book 5, IRR of LC]. Voluntary period. See
Conventional period.

1218
Voluntary recognition of Civil Code. Its essence lies in

natural children. An the avowal of the parent that
admission of the fact of the child is his; the formality
paternity or maternity by the is added to make the
presumed parent, expressed admission incontestable, in
in the form prescribed by the view of its consequences.
Civil Code. Its essence lies in [Gapusan-Chua v. CA, GR
the avowal of the parent that 46746. Mar. 15, 1990].
the child is his; the formality Compare with Compulsory
is added to make the recognition.
admission incontestable, in
view of its consequences. Voluntary surrender. To be
[Gapusan-Chua v. CA, GR appreciated as a mitigating
46746. Mar. 15, 1990]. Also circumstance, the following
Voluntary elements must be present:
acknowledgment. (a) the offender has not
Compare with Compulsory been actually arrested; (b)
recognition. the offender surrendered
himself to a person in
Voluntary resignation. authority; and, (c) the
Labor. The voluntary act of surrender must be voluntary.
an employee who finds All these requisites appear to
“himself in a situation where have attended their
he believes that his personal surrender. [People v.
reasons for resigning cannot Canamo, GR 62043, 13 Aug.
be sacrificed in favor of the 1985; 138 SCRA 141].
exigency of the service, and
where he has no other Vote cast. The exercise on a
choice but to disassociate ballot of the choice of the
himself from his voter on the measure
employment.” [Habana v. proposed. [Javellana v. Exec.
NLRC, GR 121486, Nov. 16, Sec., GR L-36142. Mar. 31,
1998]. 1973].
Voting security. Any security Voting share. Corp. Law. A

presently entitling the owner share with right to vote. [De
or holder thereof to vote for Leon, Corp. Code of the Phil.
the election of directors of a Annotated, 1989 Ed., p. 60].
company. [Sec. 3, RA 2629]. Compare with Non-voting
share.
Voluntary recognition. An
admission of the fact of Voting trust. 1. An
paternity or maternity by the agreement in writing
presumed parent, expressed between one or more
in the form prescribed by the stockholders of a stock
1219
corporation for the purpose other conditions provided for

of conferring upon a trustee in the Corporation Law. [Sec.
or trustees the right to vote 1, Rule IX, RA 6713]. 2. An
and other rights pertaining agreement that results in
to the shares for certain the separation of the voting
periods and subject to such rights of a stockholder from
other conditions provided for his other rights such as the
in the Corporation Law. [Sec. right to receive dividends,
1(d), RA 6713]. 2. A trust the right to inspect the
created by an agreement books of the corporation, the
between a group of the right to sell certain interests
stockholders of a corporation in the assets of the
and the trustee or by a corporation and other rights
group of identical to which a stockholder may
agreements between be entitled until the
individual stockholders and a liquidation of the
common trustee, whereby it corporation. [Lee v. CA, GR
is provided that for a term of 93695. Feb. 4, 1992].
years, or for a period
contingent upon a certain Voyage charter. 1. A
event, or until the contract for the hire of a
agreement is terminated, vessel for one or a series of
control over the stock owned voyages usually for the
by such stockholders, either purpose of transport in
for certain purposes or for all goods for the charterer. The
purposes, is to be lodged in voyage charter is a contract
the trustee, either with or of affreightment and is
without a reservation to the considered a private
owners, or persons carriage. [Maritime Agencies
designated by them, of the & Services, Inc. v. CA, GR
power to direct how such 77638. July 12, 1990, citing
control shall be used. [Lee v. Schoenbaum, Admiralty and
CA, GR 93695. Feb. 4, 1992, Maritime Law, 1987, Student
citing Ballentine's Law Dict.]. Ed., p. 383]. 2. A contract of
affreightment, that is, a
Voting trust agreement. 1. contract for the carriage of
An agreement in writing goods, from one or more
between one or more ports of loading to one or
stockholders of a stock more ports of unloading, on
corporation for the purpose one or on a series of
of conferring upon a trustee voyages. In a voyage
or trustees the right to vote charter, master and crew
and other rights pertaining remain in the employ of the
to the shares for certain owner of the vessel.
periods and subject to such [Litonjua Shipping Inc. v.
1220
Natl. Seamen Board, GR

51910. Aug. 10, 1989].
Voyeurism. Legal Med. The

compulsion by the sexual
deviant, usually called
“Peeping Tom,” to peep to
see persons undress or
perform other personal
activities while he/she,
during or after seeing or
peeping, masturbates.
(2004), p. 117].
Vulgar substitution. See

Simple or common -W-
substitution.
Wage. The remuneration or
Vulnerable species. Species earning, however
or subspecies that is not designated, capable of being
critically endangered nor expressed in terms of
endangered but is under money, whether fixed or
threat from adverse factors ascertained on a time, task,
throughout their range and piece, or commission basis,
is likely to move to the or other method of
endangered category in the calculating the unwritten
near future. [Sec. 5, RA contract of employment for
9147]. work done or to be done, or
for services rendered or to
be rendered and includes
the fair and reasonable
value, as determined by the
Sec. of Labor, of board,
lodging, or other facilities
customarily furnished by the
employer to the employee.
[Art. 97 (f), LC].
Wage distortion. A situation

where an increase in
prescribed wage rates
results in the elimination of
severe contraction of
intentional quantitative
1221
differences in wage or salary relinquishment of such right;

rates between and among or the intentional doing of an
employee groups in an act inconsistent with
establishment as to claiming it. [People v.
effectively obliterate the Donato, GR 79269. June 5,
distinctions embodied in 1991]. 2. Intentionally given
such wage structure based up a right. [Glossary of Legal
on skills, length of service, or Terms (Pro-Se), 2004].
other logical bases of
differentiation. [Art. 124, LC, Waiver of immunity. A
as amended by RA 6727; means authorized by statute
Sec. 1, Rule 7, Book 3, IRR of by which a witness, before
LC]. testifying or producing
evidence, may relinquish the
Wages. All remuneration right to refuse to testify
(other than fees paid to a against himself, thereby
public official) for services making it possible for his
performed by an employee testimony to be used against
for his employer, including him in future proceedings.
the cash value of all [Glossary of Legal Terms
remuneration paid in any (Pro-Se), 2004].
medium other than cash.
[NIRC, as amended]. Walang-hiya. Tag. It means
"shameless.” [Gonzales v.
Waive. To voluntarily give up Arcilla, GR 27923. Nov. 18,
a legal right. [Intl. Law Dict. 1991].
& Direct., 2004].
Wanton. Reckless, heedless,
Waiver. 1. A voluntary and malicious; characterized by
intentional relinquishment or extreme recklessness or
abandonment of a known foolhardiness; recklessly
existing legal right, disregardful of the rights or
advantage, benefit, claim or safety of others or of
privilege, which except for consequences. [Black's Law
such waiver the party would Dict., Abr. 5th Ed. (1987), p.
have enjoyed; the voluntary 816].
abandonment or surrender,
by a capable person, of a Wanton attitude. A
right known by him to exist, licentious act by one man
with the intent that such towards the person of
right shall be surrendered another, without regard to
and such person forever his rights. [Moreno's Phil.
deprived of its benefit; or Law Dict., 2nd Ed., p. 497,
such conduct as warrants an citing Almeda v. Northwest
inference of the
1222
Orient Airlines, CV-17413, Warehouseman. 1. One who

Aug. 8, 1990]. receives and stores goods of
another for compensation.
War. Intl. Law. A sustained [Comm. of Internal Revenue
struggle of a scale and v. Hawaiian-Philippine Co.,
duration that threatens the GR L-16315. May 30, 1964,
existence of the government citing 44 Words & Phrases,
of a state or an equivalent p. 635]. 2. A person engaged
juridical person and that is in the business of receiving
waged between groups of commodity for storage. [Sec.
forces that are armed, wear 2, Act 3893, as amended].
a distinctive insignia, and
are subject to military Warehouse receipt. A
discipline under a written acknowledgment by
responsible command. [Intl. a warehouseman that he has
Law Dict. & Direct., 2004]. received and holds certain
goods in his warehouse for
War; how it may be the person to whom the
terminated. War may be document is issued.
terminated (a) by simple [Suggested answer to Bar
cessation of hostilities; (b) 1949; 1954; 1967, cited in
by the conclusion of a Miravite, Bar Review
negotiated treaty of peace; Materials in Comm. Law, 12th
or (c) by the defeat of one of Ed., (2002), p. 26].
the belligerents. [Cruz, Intl.
Law Reviewer, 1996 Ed., pp. Warehouse Receipts Law.
144-145]. Act No. 2137 which
prescribes the mutual rights
Warehouse. 1. A building and duties of a
utilized for the storage of warehouseman who issues
products for sale and from ware-house receipts, and his
which goods or merchandise depositor, and covers all
are withdrawn for delivery to warehouses, bonded or not.
customers or dealers, or by [Miravite, Bar Review
persons acting in behalf of Materials in Comm. Law, 12th
the business. A warehouse Ed., (2002), p. 26].
that does not accept orders
and/or issue sales invoices Warning. 1. An act or fact of
as aforementioned shall not putting one on his guard
be considered a branch or against an impending
sales office. [Art. 243, IRR, danger, evil consequences
LGC]. 2. A building or shed or penalties. [Tobias v.
used for the storage of Veloso, GR L-40224. Sep. 23,
cargo. [Sec. 3, PD 857]. 1980]. 2. The notice printed
on the tobacco product or its
1223
container and/or displayed in to commit an offense; (b)

print or alert in broadcast or when an offense has in
electronic media including fact just been committed,
outdoor advertising and and he has personal
which shall bear information knowledge of facts indicating
on the hazard of tobacco that the person to be
use. [Sec. 4, RA 9211]. arrested has committed it;
(c) when the person to be
War power. The power arrested is a prisoner who
vested solely in Congress to has escaped from a penal
declare, by a vote of two- establishment or place
thirds of both Houses in joint where he is serving final
session assembled, voting judgment or temporarily
separately, the existence of confined while his case is
a state of war. [Claridades, pending, or has escaped
A., Compilation of Notes, while being transferred from
2001-2006]. one confinement to another.
[Sec. 5, Rule 113, RoC].
Warrant. Most commonly, a
court order authorizing law Warrantless search and
enforcement officers to seisure. Search and seizure
make an arrest or conduct a made without a warrant
search. An application issued by a judge.
seeking a warrant must be [Claridades, A., Compilation
accompanied by an affidavit of Notes, 2001-2006].
which establishes probable
cause by detailing the facts Warrantless search and
upon which the request is seizure; when valid. There
based. [Glossary of Legal are instances when a
Terms (Pro-Se), 2004]. warrantless search and
seizure becomes valid,
Warrantless arrest. Arrest namely: (a) search incidental
made without a warrant to an arrest; (b) search of a
issued by a judge. moving vehicle; and (c)
[Claridades, A., Compilation seizure of evidence in plain
of Notes, 2001-2006]. view. [Manipon, Jr. v.
Sandiganbayan, L-58889,
Warrantless arrest; when July 31, 1986, 143 SCRA 267,
lawful. A peace officer or a 276].
private person may, without
a warrant, arrest a person: Warrantless search
(a) when in his presence, the incidental to a lawful
person to be arrested has arrest. Search recognized
committed, is actually under Sec. 13, Rule 126 of
committing, or is attempting the Rules of Court which
1224
provides that “a person [De Leon, Comments and

lawfully arrested may be Cases on Credit Trans., 1999
searched for dangerous Ed., p. 237, citing 38 CJS
weapons or anything which 1134].
may have been used or
constitute proof in the Warranty deed. Also Deed
commission of an offense, of warranty. A deed which
without a search warrant. guarantees that the title
conveyed is good and its
Warrant of arrest. An order transfer rightful. [Jurist’s
issued by the judge upon Legal Dict., 2004].
probable cause determined
personally by him after Warsaw Convention. The
examination under oath or “Convention for the
affirmation of the Unification of Certain Rules
complainant and the Relating to International
witnesses he may produce, Transportation by Air”
and particularly describing signed at Warsaw, Poland on
the persons to be arrested. Oct. 12, 1929.
of Notes, 2001-2006]. Waste. 1. Any material either
Compare with Search solid, liquid, semisolid,
warrant. contained gas or other forms
resulting industrial,
Warranty. 1. A promise that commercial, mining or
a proposition of fact is true. agricultural operations, or
A promise that certain facts from community and
are truly as they are household activities that is
represented to be and that devoid of usage and
they will remain so. [Magno discarded. [Sec 4, RA 9275].
v. CA, GR 96132. June 26, 2. Property. The abuse,
1992, citing Black's Law destruction or permanent
Dict., 5th Ed., (1979) p. change to property by one
1423]. 2. A promise that a who is merely in possession
proposition of fact is true. of it as in the case of a
[Glossary of Legal Terms tenant or a life tenant.
(Pro-Se), 2004]. 3. An [Duhaime's Legal Dict.,
undertaking that the title, 2004].
quality, or quantity of the
subject matter of a contract Waste dump area. A
is what it has been designated place where the
represented to be, and mine waste are accumulated
relates to some agreement or collected. [Sec. 4, DENR
made ordinarily by the party Admin. Order 95-23].
who makes the warranty.
1225
Wastewater. Waste in liquid

state containing pollutants. Water body. Both natural
[Sec 4, RA 9275]. and man-made bodies of
fresh, brackish, and saline
Wasting assets waters, and includes, but is
corporation. Corp. Law. A not limited to, aquifers,
corporation the sole purpose groundwater, springs,
of which is to invest its creeks, streams, rivers,
capital in a specific property ponds, lagoons, water
and afterwards to consume reservoirs, lakes, bays,
that property at a profit, estuarine, coastal and
such as mining or oil marine waters. Water bodies
corporations. [Diaz, Bus. Law do not refer to those
Rev., 1991 Ed., p. 275]. constructed, developed and
used purposely as water
Watchman or security treatment facilities and/or
guard, watchman or water storage for recycling
security guard agency. and re-use which are integral
Any person who offers or to process industry or
renders personal service to manufacturing. [Sec 4, RA
watch or secure either 9275].
residential or business
establishment, or both, or Water Code of the
any building, compound, or Philippines. PD 1067
area including but not entitled “A Decree instituting
limited to logging a Water Code, thereby
concessions, agricultural, revising and consolidating
mining or pasture lands for the laws governing the
hire or compensation, or as ownership, appropriation,
an employee thereof shall be utilization, exploitation,
known as watchman or development, conservation
security guard; and any and protection of water
person, association, resources” signed into law
partnership, or corporation, on Dec. 31, 1976.
who recruits, trains, muster,
furnishes, solicits individuals Watercraft. Any waterborne
or business firms, private or unit which is designed and
government-owned or built to have an electric
controlled corporations to plant. [Sec. 2, RA 7920]. See
engage his service or those Vessels.
of its watchmen, shall be
known as watchman of Watered shares. Corp. Law.
security guard agency. [Sec. Those issued for no
3, RA 5487, as amended by consideration or inadequate
PD 11].
1226
consideration. [Diaz, Bus. evaluating stages of

Law Rev., 1991 Ed., p. 250]. deterioration or
enhancement of the water
Water pollution. Any quality, and as basis for
alteration of the physical, taking positive action in
chemical, biological, or preventing, controlling or
radiological properties of a abating water pollution. [Sec
water body resulting in the 4, RA 9275].
impairment of its purity or
quality. [Sec 4, RA 9275]. Water quality management
area action plan. This plan
Water quality. 1. The includes, but is not limited
characteristics of water, to, the following: (a) goals
which define its use in and targets including
characteristics by terms of sewerage or septage
physical, chemical, program, (b) schedule of
biological, bacteriological or compliance to meet the
radiological characteristics applicable requirements of
by which the acceptability of RA 9275; (c) water pollution
water is evaluated. [Sec 4, control strategies or
RA 9275]. 2. The techniques; (d) water quality
characteristics of water information and education
which define its use in terms program; e) resource
of physical, chemical and requirement and possible
biological contents; hence sources; f) enforcement
the quality of water for procedures of the plan and
domestic use is different (g) rewards and incentives
from industrial use. [Sec. 62, under Chap. 4 of RA 9275.
PD 1152]. [Sec 4, RA 9275].
Water quality guidelines. Water quality standard. A

The level for a water plan that is established by
constituent or numerical governmental authority as a
values of physical, chemical, program for water pollution
biological and bacteriological prevention and abatement.
or radiological parameters Such a standard may include
which are used to classify water use classification and
water resources and their the criteria to support the
use, which does not result in uses of the water. [Sec. 62,
significant health risk and PD 1152].
which are not intended for
direct enforcement but only Water quality surveillance.
for water quality A close and continuous
management purposes, such supervision of the water
as determining time trends, quality to detect
1227
development movements or Wedlock. Being married. It

changes in the has the same meaning as
characteristics of the water. matrimony. Used mostly to
[Sec. 62, PD 1152]. refer to illegitimate children
as "born out of wedlock."
Water rights. 1. The [Duhaime's Legal Dict.,
privilege to appropriate and 2004].
use water. [Art. 13, PD
1067]. 2. The right to use Week. A period of time
water. [Glossary of Legal consisting of seven
Terms (Pro-Se), 2004]. consecutive days.
[Concepcion v. Zandueta, 36
Waters. The term refers to OG 3139 (1938); Moreno,
water under the grounds, Phil. Law Dict., 2nd Ed., 1972,
water above the ground, p. 660)].
water in the atmosphere and
the waters of the sea within Weight of evidence. The
the territorial jurisdiction of probative value or credit the
the Philippines. [Art. 4, PD court gives to a particular
1067]. evidence admitted to prove
a fact in issue. [Claridades,
Watershed. A land area A., Compilation of Notes,
drained by a stream or fixed 2001-2006].
body of water and its
tributaries having a common Welfare state concept.
outlet for surface run-off. Under this concept, private
[Sec. 3, PD 705]. property does not constitute
for anyone an absolute and
Watershed reservation. A unconditioned right. All men
forest land reservation are equal in their right to a
established to protect or decent life. It is not a system
improve the conditions of of justice where one man is
the water yield thereof or very wealthy and another
reduce sedimentation. [Sec. very poor. Where such a
3, PD 705]. situation exists on a national
scale, it becomes a matter of
Watusi. Usually reddish in social justice. [Alalayan v.
color about 1 1/2 inches in Napocor (24 SCRA 172, 181-
length and 1/10 inch in width 182 (1968)].
usually ignited by friction to
produce a dancing Wenphil doctrine. The
movement and a crackling principle that teaches, as in
sound. [Sec. 2, RA 7183]. other cases, that where the
dismissal of an employee is
for a just cause but without
1228
due process, the employer as amended by PD 34 and

must indemnify the PD 441].
dismissed employee.
[Wenphil Corp. v. NLRC, GR Whenever praticable and
80587, 8 Feb. 1989, 170 convenient. This phrase
SCRA 69]. connotes a meaning which
prevents an unbridled
Wet-nursing. The feeding of application of the Rules of
a newborn from another Court, as well as of all
mother's breast when his/her matters incident thereto, for
own mother cannot there is still need to show
breastfeed. [Sec. 3, RA and analyze if the extension
7600]. would help attain the
objective of the law or would
Wharf. A continuous structure tend to defeat it. [Morente v.
built parallel to along the Filamor, 52 Phil., 289].
margin of the sea or
alongside riverbanks, canals Whereas clauses. They do
or waterways where vessels not form part of a statute,
may lie alongside to receive strictly speaking; they are
or discharge cargo, embark not part of the operative
or disembark passengers, or language of the statute.
lie at rest. [Sec. 3, PD 857]. Nonetheless, whereas
clauses may be helpful to
Wharfage. A fee assessed the extent they articulate
against the cargo of a vessel the general purpose or
engaged in foreign or reason underlying a new
domestic trade based on enactment. [Llamado v. CA,
quantity, weight, or measure GR 84850. June 29, 1989].
received and/or discharged Also Preambulatory
by vessel. [Sec. 131, RA clauses.
7160].
Whistle device. Any of the
Wharfage due. The amount various kinds of firecrackers
assessed against the cargo or pyrotechnic designed to
of a vessel engaged in either simply emit a whistle-
foreign or coastwise trade, like sound or explode
based on the quantity, afterwards upon being
weight or measure received ignited. [Sec. 2, RA 7183].
and/or discharged by such
vessel. The owner or White slave trade. Crim.
consignee of the article, or Law. The felony committed
the agent of either, is the by any person who, in any
person liable for such manner, or under any
charge. [Sec. 2801, RA 1937, pretext, shall engage in the
1229
business or shall profit by June 20, 1988, citing Black's

prostitution or shall enlist Law Dict., 5th Ed.].
the services of any other for
the purpose of prostitution. Wholly-owned subsidiary
[Art. 341, RPC, as amended corporation. A corporation
by BP 186]. that is organized or a
corporation already in
Whole eye. The entire eye existence wherein one
ball minus the conjunctiva hundred per cent (100%) of
after it has been enucleated its shares of stock are owned
from the orbit. [Sec. 4, DOH or controlled by the
Admin. Order 11-95]. organizing or subscribing
Authority, in this case, the
Wholesale. A sale where the Phil. Tourism Authority, to
purchaser buys or imports carry out or accomplish its
the commodities for resale purpose. [Sec. 38, PD 564].
to persons other than the
end user regardless of the Wholly-owned subsidiary
quantity of the transaction. of a person. A company
[Sec. 131, RA 7160]. ninety-five per centum or
more of the outstanding
Wholesale posted price voting securities of which
(WPP). The ceiling price of are owned by such person,
petroleum products set by or by a company which,
the Energy Regulatory Board within the meaning of Sec. 3
based on its duly approved of RA 2629, is a wholly-
automatic pricing formula. owned subsidiary of such
[Sec. 4, RA 8479]. person. [Sec. 3, RA 2629].
See Majority-owned
Wholesaler. Every person subsidiary of a person.
who acts as a jobber,
merchant, broker or agent, Wife's separate estate.
who sells or distributes for That from which the
resale pharmaceuticals, dominion and control of the
proprietary medicines or husband is excluded, and
pharmaceutical specialties. from which he is to derive no
[Sec. 42, RA 5921]. benefit by reason of the
marital relation. It may be
Wholesaling. Selling to equitable or statutory,
retailers or jobbers rather according to the mode of its
than to consumers or a sale creation. [Ossorio v.
in large quantity to one who Posadas, GR 31088. Dec. 3,
intends to resell. [Marsman 1929, citing 30 Corpus Juris,
& Co. v. First Coconut 795].
Central Co., GR L-39841.
1230
Wildlife. Wild forms and capacitated person disposes

varieties of flora and fauna, of his property and rights
in all developmental stages, and declares or complies
including those which are in with duties to take effect
captivity or are being bred or after his death. [Vitug v. CA,
propagated. [Sec. 5, RA GR 82027. Mar. 29, 1990]. 3.
9147]. A legal declaration that
disposes of a person's
Wildlife collector's permit. property when that person
A permit to take or collect dies. [Glossary of Legal
from the wild certain species Terms (Pro-Se), 2004]. 4. A
and quantities of wildlife for written and signed
commercial purposes. [Sec. statement, made by an
5, RA 9147]. individual, which provides for
the disposition of his
Wildlife farm or culture property when he dies.
permit. A permit to develop, [Duhaime's Legal Dict.,
operate and maintain a 2004]. Also called Last will
wildlife breeding farm for and testament. See also
conservation, trade and/or Codicil and Probate.
scientific purposes. [Sec. 5,
RA 9147]. Willful. An act done
intentionally, knowingly, and
Wildlife sanctuary. An area purposely, without justifiable
which assures the natural excuse, as distinguished
conditions necessary to from an act done carelessly,
protect nationally significant thoughtlessly, heedlessly or
species, groups of species, inadvertently [Tiu v. NLRC,
biotic communities or GR 83433. Nov. 12, 1992,
physical features of the citing Black's Law Dict., 5th
environment where these Ed., 1434].
may require specific human
manipulation for their Willful breach. Such breach
perpetuation. [Sec. 4, RA which is done intentionally,
7586]. knowingly and purposely,
without justifiable excuse, as
Will. 1. An act whereby a distinguished from an act
person is permitted, with the done carelessly,
formalities prescribed by thoughtlessly, heedlessly or
law, to control to a certain inadvertently. [Intl.
degree the disposition of his Harvester Macleod, Inc. v.
estate, to take effect after IAC, GR 73287, May 18,
his death. [Art. 783, CC]. 2. A 1987, 149 SCRA 641].
personal, solemn, revocable
and free act by which a
1231
Willful breach of trust. An persistent disregard of one's

act done intentionally, rights. It must be evidenced
knowingly, and purposely, by a flagrantly or shamefully
without justifiable excuse, as wrong or improper conduct.
distinguished from an act [Luna v. CA, GR 100374-75.
done carelessly, Nov. 27, 1992].
thoughtlessly, heedlessly or
inadvertently. [Tiu v. NLRC, Will, how revoked. No will
GR 83433. Nov. 12, 1992, shall be revoked except in
citing Black's Law Dict., 5th the following cases: (a) By
Ed., 1434). implication of law; or (b) by
some will, codicil, or other
Willful disobedience of the writing executed as provided
employer's lawful order. in case of wills; or (c) by
Requisites: (a) The burning, tearing, canceling,
employee's assailed conduct or obliterating the will with
must have been intentional the intention of revoking it,
and characterized by a by the testator himself, or by
wrongful and perverse some other person in his
attitude; and (b) the order presence, and by his express
violated must have been direction. If burned, torn,
reasonable, lawful, and cancelled, or obliterated by
made known to the some other person, without
employee and should pertain the express direction of the
to the duties which he has testator, the will may still be
been engaged to discharge. established, and the estate
[Nuez v. NLRC, 239 SCRA distributed in accordance
518, San Miguel Corp. v. therewith, if its contents,
Ubaldo, 218 SCRA 293, 300 and due execution, and the
citing Gold City Integrated fact of its unauthorized
Port Services v. NLRC, 189 destruction, cancellation, or
SCRA 811]. obliteration are established
according to the Rules of
Willful exposure to Court. [Art. 830, CC].
needless peril. A reckless
risking of (one’s own) that is Wills, forms of. Every will
almost suicidal in intent. must be in writing and
[Sun Insurance Office, Ltd. v. executed in a language or
CA, GR 92383. July 17, dialect known to the
1992]. Compare with testator. [Art. 804, CC].
Suicide.
Wills, witnesses to. Any
Willful misconduct. Acts person of sound mind and of
impelled by an intention to the age of eighteen years or
violate the law, or in more, and not bind, deaf or
1232
dumb, and able to read and

write, may be a witness to Wire tapping. 1. The crime
the execution of a will committed by any person
mentioned in Art. 805 of the who, not being authorized by
Civil Code. [Art. 820, CC]. all the parties to any private
communication or spoken
Wilson or Tobar doctrine. word, shall tap any wire or
Intl. Law. 1. The doctrine cable, or by using any other
that precludes recognition to device or arrangement, to
any government coming into secretly overhear, intercept,
existence by revolutionary or record such
means so long as the freely communication or spoken
elected representatives of word by using a device
the people thereof have not commonly known as a
constitutionally recognized dictaphone or dictagraph or
the country. [Sandoval, Pol. dictaphone or walkie-talkie
Law Reviewer 2003]. 2. The or tape recorder, or however
doctrine which was first otherwise described; or by
expressed in a treaty any person, be he a
concluded in 1907 by the participant or not in the act
Central American republics or acts penalized in the next
at the suggestion of Foreign preceding sentence, who
Minister Tobar of Ecuador shall knowingly possess any
and was reiterated by tape record, wire record,
President Woodrow Wilson of disc record, or any other
the United States in a public such record, or copies
statement in 1913. [Cruz, thereof, of any
Intl. Law Reviewer, 1996 Ed., communication or spoken
p. 44]. Compare with word secured either before
Estrada doctrine. or after the effective date of
RA 4200 in the manner
Window period. The period prohibited by said law; or to
of time, usually lasting from replay the same for any
two weeks to six (6) months other person or persons; or
during which an infected communicate the contents
individual will test negative thereof, either verbally or in
upon HIV testing but can writing, or furnish
actually transmit the transcriptions thereof,
infection. [Sec. 4, RA 8496]. whether complete or partial,
to any other person:
Winning bidders. Bidders Provided, That the use of
who have received awards of such record or any copies
contract or orders. [IRR on thereof as evidence in any
Supply & Prop. Mgt., per Sec. civil, criminal investigation
383, LGC]. or trial of offenses
1233
mentioned in Sec. 3 thereof, Withholding tax. A tax

shall not be covered by this deducted from a salary,
prohibition. [Sec. 1, RA wage, or other income on
4200]. 2. An electronic behalf of the government at
surveillance device which the time of payment of
secretly listens in and wages to the person who
records conversations held pays it. [Glossary of Legal
over a phone line. It is Terms (Pro-Se), 2004; Jurist’s
usually only allowed with the Legal Dict., 2004].
permission of (the court) and
if it can be shown to be Withholding tax system. A
necessary for the solving of system under which the
a serious crime. [Duhaime's payee is the taxpayer, the
Legal Dict., 2004]. person on whom the tax is
imposed, while the payor, a
Witch. One who practices the separate entity, acts no
black art, or magic; one more than an agent of the
regarded as possessing government for the
supernatural or magical collection of the tax in order
power by compact with an to ensure its payment. [Bank
evil spirit, especially with the of America v. CA, GR
devil; a sorcerer or sorceress 103092. July 21, 1994].
— now applied chiefly or
only to women. [People v. Without jurisdiction.
Sario, GR L-20754 & L- Absence of a legal power to
20759. June 30, 1966]. determine a case. [Bench
Witchcraft. The practice or p. 2-86].
art of witches; the practice
of black magic; sorcery; Without prejudice. 1. When
enchantments; intercourse the dismissal of the previous
with evil spirits; also an action is without prejudice,
instance of such practice. the plaintiff has the right to
[People v. Sario, GR L-20754 file another complaint
& L-20759. June 30, 1966]. against the principal. [Ang v.
Fulton Fire Ins., GR L-15862.
Withholding agent. Any July 31, 1961]. 2. A
person required to deduct declaration that no rights or
and withhold any tax under privileges of the party
the provisions of Sec. 57 of concerned are waived or
the National Internal lost. In a dismissal, these
Revenue code. [Sec. 22, words maintain the right to
NIRC, as amended]. bring a subsequent suit on
the same claim. [Glossary of
1234
Witness to the signature.

With prejudice. A See Instrumental witness.
declaration which dismisses
all rights. A judgment Woman and Child Labor. RA
barring the right to bring or 679. [Expressly repealed by
maintain an action on the the Labor Code].
same claim or cause.
[Glossary of Legal Terms Women in Development
(Pro-Se), 2004]. and Nation Building Act.
RA 7192 entitled “An act
Witness. 1. Any person who, promoting the integration of
having organs of sense, can women as full and equal
perceive and, perceiving, partners of men in
can make known his development and nation
perception to others. [Sec. 1, building and for other
PD 1731]. 2. One who purposes” enacted on Feb.
personally sees or perceives 12, 1992.
a thing; one who testifies as
to what he has seen, heard, Words of negotiability. See
or otherwise observed. Negotiability, words of.
(Pro-Se), 2004]. 3. The Words of purchase. Words
regular definition of this which specifically name the
word is a person who person to whom land is
perceives an event by being conveyed. The
seeing, hearing, smelling or property is conveyed to
other sensory perception. specifically and by name in a
The legal definition refers to legal act such as a
the court-supervised recital conveyance or will. This
of that sensory experience, would preclude, for example,
in writing (deposition) or transfer as a result of
verbally (testimony). intestacy. [Duhaime's Legal
[Duhaime's Legal Dict., Dict., 2004].
2004].
Work animals. Animals
Witness Protection, ordinarily employed in a
Security and Benefit Act. farm enterprise, such as
RA 6981 entitled “An Act carabaos, horses, bullocks,
providing for a witness etc. [Sec. 166, RA 3844].
protection, security and
benefit program and for Worker. Any member of the
other purpose” enacted on labor force, whether
Apr. 24, 1991. employed or unemployed.
[Art. 13, LC].

1235
Workers in the formal he was engaged when

sector. Workers in injured, the compensation
registered business payments being in lieu of
enterprises who sell their wages or based on the loss
services in exchange for thereof and on the idea of
wages and other forms of providing means of
compensation. [Sec. 3, RA subsistence to the
8425]. employees during the time
when his earning capacity
Workers in the informal has been partially or entirely
sector. Poor individuals who destroyed. In other words, as
operate businesses that are long as the employee is able
very small in scale and are to work and receives his pay
not registered with any even if he is suffering from
national government illness, he is not entitled to
agency, and to the workers compensation. [Central
in such enterprises who sell Azucarera Don Pedro v. de
their services in exchange Leon, 101 Phil. 1141 (1959);
for subsistence level wages Lombo v. Standard Cigarette
or other forms of Manufacturing Co., 58 SCRA
compensation. [Sec. 3, RA 750 (1974)].
8425].
Workmen's Compensation
Working fund. The account Act. Act No. 3428, as
to which all investment amended. [Expressly
incomes, premium incomes, repealed by the Labor Code].
and all other incomes shall
be credited and against Work of fine art. All original
which all operating costs and works of art like paintings,
other expenses, including sculpture, drawings and
claims paid, shall be debited. artwork produced in
[Sec. 3, RA 6424]. multiples such as graphic
and photographic works and
Workmen's compensation. sculpture casts, but shall not
Liability for compensation for include works intended to be
loss resulting from injury, mass-produced for
disability or death of the commercial use. [Sec 3, RA
workingman through 9105].
industrial accident or
disease. It is based on Work of the Government of
incapacity or disability for the Philippines. A work
work, and hence on the loss created by any officer or
or impairment of the employee of the Philippine
employee's earning capacity Government or any of its
in the employment at which subdivisions and
1236
instrumentalities, including cases, the writ would

government owned or command the person to
controlled corporations as a answer the charges laid out
part of his regularly in the suit, or else judgment
prescribed official duties. may be made against him in
[Sec. 9, PD 49]. his absence).
Workplace. The place or Writ of attachment.

locality where the employee Substantially a writ of
is regularly assigned when execution except that it
the cause of action arose. It emanates at the beginning,
shall include the place where instead of at the termination,
the employee is supposed to of a suit. It places the
report back after a attached properties in
temporary detail, custodia legis, obtaining
assignment or travel. pendente lite a lien until the
[Cruzvale v. Laguesma, GR judgment of the proper
107610. Nov. 25, 1994]. tribunal on the plaintiff's
claim is established, when
World Wide Web (WWW). the lien becomes effective
Internet information system as of the date of the levy.
that provides access to text, [Santos v. Aquino, GR
images, full-motion video, 86181-82. Jan. 13, 1992].
sound and other media
connected by hyperlinks. Writ of certiorari. An order
[Intl. Law Dict. & Direct., issued by the Supreme Court
2004]. directing the lower court to
transmit records for a case
Writ. 1. A judicial order for which it will hear on
directing a person to do appeal. [Glossary of Legal
something. [Glossary of Terms (Pro-Se), 2004].
2. An official court Writ of error. The method of
document, signed by a judge appealing criminal cases
or bearing an official court where the appellate court
seal, which commands the can only consider errors
person to whom it is assigned by the appellant
addressed, to do something and can not consider the
specific. That person is facts further than is
typically either a sheriff (who necessary to reach a
may be instructed to seize conclusion upon the errors
property, for example) or a assigned by the appellant.
defendant (for whom the [US v. Padilla, GR 1883. May
writ is the first notice of 1, 1905].
formal legal action. In these
1237
Writ of execution. An order Writ of habeas corpus. A

of the court evidencing debt writ or order directed to the
of one party to another and person detaining another
commanding the court and commanding him to
officer to take property in produce the body of the
satisfaction of the debt. prisoner at a certain time
[Glossary of Legal Terms and place, with the day and
(Pro-Se), 2004]. cause of his detention, to do,
submit to, and receive
Writ of execution, whatsoever the court or
quashing of. A writ may be judge awarding the writ shall
quashed or recalled only consider in that behalf.
when: (a) it appears that it [Suarez, Pol. Law Reviewer,
has been improvidently 1st Ed., 2002, pp. 222-223,
issued, (b) the writ is citing Black’s Law Dict., 837
defective in substance, or (c) (1951)].
it is issued against the wrong
party, or (d) the judgment Writ of possession. An order
debt has been paid, or (e) whereby the sheriff is
the writ has been issued commanded to place a
without authority, or (f) person in possession of a
there is a change in the real or personal property,
situation of the parties which such as when a property is
makes such execution extrajudicially foreclosed.
inequitable, or (g) the [AG Devt Corp. v. CA, GR
controversy was never 111662. Oct. 23, 1997, citing
submitted to the judgment Moreno, Phil. Law Dict., 1972
of the court [ Intl. School v. and Sec. 7, Act 3135, as
Min. of Labor and amended].
Employment, GR 54243, July
21, 1989]. Writ of preliminary
attachment. A provisional
Writ of garnishment. An remedy issued upon order of
order of the court whereby the court where an action is
property, money, or credits pending to be levied upon
in the possession of another the property or properties of
person may be seized and the defendant therein, the
applied to pay a debtor's same to be held thereafter
debt. It is used as an by the sheriff as security for
incident to or auxiliary of a the satisfaction of whatever
judgment rendered in a judgment might be secured
principal action. [Glossary of in said action by the
Legal Terms (Pro-Se), 2004]. attaching creditor against
the defendant (Adlawan v.
Tomol, 184 SCRA 31 [1990]
1238
citing Virata v. Aquino, 53 Writ of sequestration.

SCRA 30-31 [1973]). Essentially a conservatory
measure, somewhat in the
Writ of preliminary nature of a judicial deposit. It
injunction. 1. A provisional is a process which may be
remedy in the form of an employed as a conservatory
order issued by a judge writ whenever the right of
before whom the action is the property is involved, to
pending at any stage thereof preserve, pending litigation,
prior to final judgment specific property subject to
requiring a person to refrain conflicting claims of
from a particular act. It may ownership or liens and
also require the performance privileges. [Bataan Shipyard
of a particular act in which Eng’g. Co. Inc. v. PCGG, GR
case it shall be known as 75885. May 27, 1987, citing
preliminary mandatory 79 CJS, 1047].
injunction. 2. At times
referred to as the strong arm Written constitution. A
of equity, the writ of constitution whose precepts
preliminary injunction, are embodied in one
whether prohibitory or document or set of
mandatory, is sought for the documents. [Cruz, Constl.
protection of the rights of a Law, 1998 Ed., p. 4].
party before the final Compare with Unwritten
determination of his rights constitution.
vis-à-vis others' in a pending
case before the court. [Heirs Wrongful dismissal. Being
of Roxas v. IAC, GR 78618. fired from a job without an
May 29, 1989] adequate reason or without
any reason whatsoever.
Writ of preliminary Employees do not have a
injunction, issuance of. right to a job for life and can
Requisites: (a) There must be dismissed for economic or
be a right in esse or the performance reasons but
existence of a right to be they cannot be dismissed
protected; and (b) the act capriciously. Most
against which the injunction employment implies an
is to be directed is a employment contract, which
violation of such right. may be supplemented by
[Cagayan de Oro City labor legislation. Either could
Landless Residents Assoc. v. provide for certain
CA, GR 106043, Mar. 4, 1996 procedures to be followed,
citing Sales v. SEC, 169 failing which any firing is
SCRA 109 (1989)]. wrongful dismissal and for
which the employee could
1239
ask a court for damages

against the employer.
2004].

1240
Onus probandi - The

Ad hoc - For a particular purpose.
burden of proof (Improvised, impromptu, made up in an
instant)
A fortiori - With even stronger
reason; More conclusively; All the more so. Ad initio - From the start.
A posteriori - From what comes after. (From Ad sectam (ads) - At the suit of.
effect to cause)
Ad valorem (Ad val.) - According to the
A priori - From what comes before. value.
(Reasoning from cause to effect)
Ademption - Failure of a gift.

Ab abusu ad usum non valet
consequentia - Consequences of abuse do Aequitas sequitur legem - Equity follows
not aply to general use. the law.
Ab extra - From without or from outside. Alibi - Elsewhere.
Ab initio (ab init) - From the beginning. Alimenta - Means of support. (Food,
clothing, shelter)
Ab intra - From within.
Aliunde - From another source, from

Ab origine - From the source, from the first. elsewhere.
Absense haeres non erit - An absent Altercatio - Forensic argumentation; cross-

person will not be an heir. examination.
Accedas ad curiam - You may approach Ambigendi locus - Room for doubt.
the court.
Amicus curiae - Friend of the court.

Accessorius sequitur - One who is an (Impartial spokesperson)
accessory to the crime cannot be guilty of a
more serious crime than the principal Animus furandi - The intention to steal.
offender.
Animus testandi - The intention to make a

Actio ex delicto - Cause of action. (Reason will.
for lawsuit)
Au fait - Acquainted with the facts; expert;

Actus reus - Guilty or Wrongful act. proficient.
1241
Causa causata - Cause resulting from a

Audi alteram partem - Hear the other side. previous cause.
(A principle of fairness)
Caveat emptor - Let the buyer beware. (He
Autre vie - The life of another. buys at his own risk)
Autrefois acquit - Already acquitted. Caveat venditor - Let the seller beware.
Autrefois convict - Already convicted. Certiorari - To be informed by an Appellate

review court.
Bancus Communium Placitorum - Court of
Common Pleas. Ceteris paribus - Other things being equal.
(All else being equal)
Bona fiscalia - Public property.
Charta pardonationis se defendendo - The
Bona mobilia - Moveable property. form of a pardon for killing another man in
self-defence.
Bona vacantia - Vacant goods. Goods
without an apparent owner. Charta pardonationis utlagariae - The form
of a pardon of a man who is outlawed.
Boni mores - Good morals.
Chartae libertatum - Charters of liberties.
Cadit quaestio - The question falls. (The
issue collapses) Communi consensu - By common consent.
Capias ad audiendum - Writ ordering Compos mentis - Of sound mind.

appearance in court. (Sometimes used humorously)
Capias ad respondendum - Writ ordering Consensu omnium - By the agreement of

the arrest of a person. all.
Capias ad satisfaciendum - Writ ordering Consensu - Unanimously or, by general

satisfaction of an order. consent.
Casus belli - Act justifying war. (Grounds for Consensus ad idem - Agreement as to the
a dispute) same things.
Causa causans - Cause that causes all Consensus omnium - Agreement of all
things; Immediate cause. members.

1242
Contra bonos mores - Contrary to good

morals. De facto - Something that is automatically
accepted.
Contra ius commune - Against common
law. De futuro - In the future; Regarding the
future.
Contra ius gentium - Against the law of
nations. De integro - Repeat again from the start.
Contra legem - Against the law. De iure - By law. According to law. From the
law.
Contra mores - Contrary to morals.
De jure - Rightful, by right.
Coram non iudice - Before a judge without
proper jurisdiction. De lunatico inquiriendo - A writ to inquire
into the insanity of a person.
Corpus delicti - The body of a crime. (The
substance or fundamental facts of a crime) De minimis non curat lex - The law does
not concern itself with trifles.
Corpus juris - The body of the law.
(Meaning a compendium of all laws) De minimis - Of minimum importance;
Trifling.
Cui bono? - To whom is it good? (Who
benefits from this?) (A maxim sometimes De novo - Anew, fresh, renewed, to begin
used in the detection of crime) (Cicero) again.
Curia advisari vult - The court wishes to be Delictum - Offense.

advised.
Die ad diem - From day to day.
Custos morum - Guardian of morals; A
censor. Dies juridicus - A day on which the court is
in session.
Custos rotularum - Guardian of the rolls;
Justice of the peace. Dies non juridicus - A day on which the
court is not in session.
De bonis asportatis - Of the goods carried
away. Doli incapax - Incapable of crime.
De die in diem - From day to day; Dubitante - Doubting the correctness of the
continuously. decision.
1243
Ex facie - From the face of.

Duces tecum - You shall bring it with you.
(Subpoena) Ex facto jus oritur - The law arises out of
the fact.
Ei incumbit probatio qui dicit non qui
negat - The proof lies upon the one who Ex facto - From the fact or act.
affirms, not the one who denies.
Ex gratia - Out of kindness, voluntary. (In
Eiusdem generis - Of the same kind. law, implying absence of legal right)
Ergo post hoc - In logic, the fallacy of Ex iniuria ius non oritur - Right can not
thinking that a happening which follows grow out of injustice.
another must be its result.
Ex lege - Arising from the law.
Et alia; et alii (et al.) - And other things; and
other people. Ex mero motu - Of his own free will.
Et cetera (etcetera) (etc.) - And the rest, Ex officio - By virtue of his office.
and so forth.
Ex parte - Proceeding brought by one
Et sequentia (et seq.) - And the following. person in the absence of another.
Et uxor (et ux.) - And wife. Ex post facto - After the fact, or
retrospectively.
Ex cathedra - From the chair, with authority.
(Without argumentation) Ex relatione (ex rel.) - Upon being related;
Upon information.
Ex concessis - In view of what has already
been accepted. Exceptis excipiendis - Excepting those
(factors) which should be excepted.
Ex curia - From the court.
Felo de se - Evildoer upon himself. (Suicide)
Ex delicto - Matter arising out of the crime.
Fiat justitia, ruat caelum - Let justice be
Ex dolo malo non oritur actio - No right of done, though the heavens fall.
action can have its origin in fraud.
Fieri facias - Writ authorizing execution of a
Ex dolo malo - From fraud; From harmful judgment.
deceit.
Fons et origo - The source and origin.
1244
Force majeure - Act of God. In forma domestico - In a domestic court.
Forum rei - The court of the country in which In forma pauperis - In the form of a poor
the subject of an action is situated. person; in a humble or abject manner.
Functus officio - Having discharged his In foro - In forum; In court.

duty and flies ceased to have any authority
over a matter. In futoro - In the future.
Habeas corpus - You must have the body. In haec verba - In these words.
(A legal writ to end unlawful restraint by
bringing a prisoner into court) In limine - On the threshold, at the very
outset.
Id est (i.e.) - That is to say.
In loco (in loc.) - In the place.
In absentia - In one's absence.
In loco citato (in loc. cit., loc. cit.) - In the
In actu - In act; In the very act; In reality. place cited.
In banco - On the bench. In loco parentis - In the place of a parent.
In camera - In secret or private session; Not In omnibus - In every respect.

in public.
In personam - Directed towards a particular
In consimili casu - In a like case. person.
In curia - In court. In pleno - In full.
In delicto - At fault. In Propria Persona - For one's self; Acting

on one's own behalf.
In esse - In existence. In re - In the matter of, refering to.
In extenso - At full length. In rem - Against or about a thing. (Property)
In extremis - At the point of death. In situ - In position, in its original place.
In flagrante delicto - In the very act of In terrorem clause - In fear.

committing an offence. (Red-handed)
1245
In terrorem - As a warning or deterrent. Lex non scripta - The unwritten (common)

law.
In totidem verbis - In so many words.
Lex scripta - The written law.
Iniuvra - Injury to personal dignity.
Lex talionis - The law of retaliation.
Inter alia - Amongst other things. (Retributive justice, an eye for an eye)
Inter alios - Amongst other people. Lis pendens - An action pending.
Inter se - Between or among themselves. Locum tenens - A deputy.
Inter vivos - Between living persons. Locus in quo - The place in which
something happens.
Intra vires - Within the authority, lit., the
strengths or powers. Locus standi - Place of standing; the right to
be heard in a court.
Ipse dixit - He himself said it. (Cicero)
Mala fide - In bad faith. (Something which is
Ipsissima verba - The very words done fraudulently)
themselves. (Strictly word for word)
Malum in se - Wrong in itself. (A crime that
Ipsissimis verbis - In the exact or identical is inherently wrong)
words.
Mens rea - The wrongful intention or guilty
Ipso facto - By that very fact. mind.
Ipso iure - By operation of the law. Motu proprio - Of one's own initiative.
Jus naturale - Natural justice. Mutatis mutandis - With those things

changed which needed to be changed. (With
Lese majeste - High treason. the appropriate changes)
Lex fori - The law of the court in which an Ne bis in idem - Not twice the same.
action is tried. (Canones apostulorum; A person cannot be
sentenced twice for the same crime)
Lex lata - The law as it exists.
Nemo dat quod non habet - One may not
Lex loci - The law of the place. transfer what one does not have.

1246
Nisi prius - Unless first, unless previously. Per contra - On the contrary.
Nolle prosequi - To be unwilling to Per curiam - Through the senate; By the

prosecute. court.
Nolo contendere - I do not wish to contend. Per incuriam - Through want of care.
(No contest)
Per minas - By means of menaces or
Non compos mentis - Not in possession of threats.
one's senses.
Per quod - By reason of which.
Non constat - It is not certain.
Persona non grata - An unacceptable
Non est factum - It is not his deed. person.
Non sequitur (non seq.) - It does not follow. Prima facie - On the face of it; At first sight.
(A statement that is the result of faulty logic) (An obvious case that requires no further
proof)
Nunc pro tunc - Now for then. (Has
retroactive effect, effective from an earlier Prima impressionis - On first impression.
date)
Pro bono (publico) - For the (public) good.
Obiter dictum (pl. dicta) - Something said (Said of a lawyer's work that is not charged
in passing; Parenthetical remark. for)
Onus probandi - The burden of proof. Pro forma - For form; As a matter of form;
Performed in a set manner.
Opere citato (op. cit.) - In the work (cited)
just quoted. Pro hac vice - For this occasion only.
Par delictum - Equal fault. Pro rata - For the rate; Proportionately.
Pari passu - With equal step, moving Pro tanto - For so much. (Partially fulfilled)
together, simultaneously.
Pro tempore (pro tem.) - For the time. (For
Passim (adv.) - Here and there; the time being)
indiscriminately.
Publici juris - Of public right.
Pendente lite - While a suit is pending.
Quaeitur - The question is raised.
1247
Quaere - Consider whether it is correct. Res sic stantibus - Things remain the
same.
Quantum meruit - As much as he/she
deserved. Res - Matter, affair, thing, circumstance.
Quantum - How much; as much as. Sciens - Knowingly.
Qui tam - Who as well. (Whistle blower) Scienter - Having knowledge.
Quid pro quo - Something for something. (A Secus - The legal position is different, it is
favor for a favor) otherwise.
Ratio decidendi - Reasoning for the Semble - It appears, seemingly.

decision.
Sine qua non - Without which it could not
Re - In the matter of. be; an indispensable action or condition.
Rebus sic stantibus - With matters standing Stare decisis - To stand by things decided.
thus. (Uphold previous rulings, recognize
precedence)
Reductio ad absurdum - Reduction to the
absurd. (Proving the truth of a proposition by Status quo - The current state of being.
proving the falsity of all its alternatives)
Stet - Let it stand.
Res furtivae - Stolen goods.
Sub judice (alt. iudice) - Under a judge;
Res gestae - Things done. Before a court; Under consideration.
Res ipsa loquitur - The thing speaks for Sub modo - Within limits.
itself.
Sub nomine - Under the name of.
Res judicata - Judged thing. (Matter which
has been decided by a court) Sub Poena (alt. subpoena) - Under penalty
of Law. (A writ issued by a court requiring
Res nullius - Nobody's thing. (Goods without one's attendance at that court)
an owner)
Sub poena duces tecum - Bring with you
Res perit domino - The risk of loss is on the under penalty. (Legal writ requiring
owner. appearance with documents)
1248
Ubi supra - Where (cited) above.

Sub rosa - Under the rose. (Secretly or in
confidence) Ultra vires - Beyond powers; Without
authority.
Sub secreto - In secret.
Uno flatu - At the same moment; With one
Sub silentio - In silence. breath.
Suggestio falsi - The suggestion of Verbatim - Word by word, exactly.

something which is untrue.
Vexata quaestio - A disputed question.
Sui generis - Of its own kind. (In a class of
its own) Vi et armis - By force and arms.
Sui iuris (sui juris) - Of one's own right. Via media - A middle way or course.
Suppressio veri - The suppression of the Vice versa - With the order or meaning
truth. reversed.
Talis qualis - Just as such; Such as it is; As Vis compulsiva - Compulsive force.
such.
Vis maior - Irresistible force; act of God.
Terminus a quo - The end from which;
starting point. Volens - Willing.
Terminus ad quem - Limit until which; finish. Volenti non fit iniuria - A person who
consents, does not suffer injustice.
Tertium quid - A third something.
Volte face - A change of front; an about-turn.
Tour de force - A feat of strength; a skillful
accomplishment.
Uberrima fides - Good faith; Most abundant

faith.
Uberrimae fidei - Of the utmost good faith.
Ubi jus ibi remedium - Where (there is) a

right, there (is) a remedy.

1249
-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].

1250
contract of employment by
which the employee agrees
to forfeit their employment if
he joins a union during the
period of employment. This
type of contract is now
prohibited in most
jurisdictions. [Duhaime's
-Y- Legal Dict., 2004].
Yalta voting formula. The Youth. 1. Persons fifteen (15)

voting rule in the Security to thirty (30) years old. [Sec.
Council whereby a decision 3, RA 8425]. 2. Those
on procedural matters is to persons whose ages range
be made by the affirmative from fifteen (15) to thirty
vote of any nine members of (30) years old. [Sec. 4, RA
the Council while a decision 8044].
on non-procedural or
substantive matters requires Youthful offender. A child,
the concurrence of as many minor or youth, including
members of the body but one who is emancipated in
including all the permanent accordance with law who is
members. [Cruz, Intl. Law over nine years but under
Reviewer, 1996 Ed., p. 28]. eighteen years of age at the
time of the commission of
Yamin. Oath under the the offense. [Art. 189, PD
unique Islamic rule of 1179].
procedure. [Tampar v.
Usman, GR 82077. Aug. 16, Youth organizations. Those
1991]. organizations whose
membership/ composition
Yawa. Vis. Devil. [Madrona v. are youth. [Sec. 4, RA 8044].
Rosal, GR 39120. Nov. 21,
1991]. Youth-serving
organizations. Those
Yellow dog contract. 1. A registered organizations or
name given in labor law to institutions whose principal
contract of employment by programs, projects and
which the employee agrees activities are youth-oriented
to forfeit his employment if and youth-related. [Sec. 4,
he joins a union during the RA 8044].
period of employment.
[Adame v. CIR, GR L-33221
& L-33262-63. Apr. 28,
1975]. 2. A name given to a
1251
Housing Authority (NHA) of

upgrading and improving
blighted squatters areas
within the cities and
municipalities of Metro
Manila pursuant to existing
statutes and pertinent
executive issuances. [Sec. 3,
RA 7279].
Zone resident in secured

-Z- area. Any individual who, by
virtue of domicile or
Zakat. The term has the employment, resides on
meaning assigned to it by permanent basis in the
Islamic law and secured area. The term does
jurisprudence as expounded not include individuals who
by authoritative sources; in have entered into short or
the context of RA 6848, it long-term property lease but
represents an annual tithe are not engaged in
payable by the Bank on registered business activity
behalf of its shareholders in the zone, outsiders
and investors in compliance engaged in doing business
with Islamic Shari'a within the zone, transients
principles. [Sec. 44, RA and/or weekenders.
6848]. [Customs Admin. Order 3-95,
Dec. 6, 1995].
Zona. The dreaded military
operation which was not Zoning. The confining of
unlike the feared practice of certain classes of buildings
the kempeitai during the and uses to certain localities,
Japanese Occupation of areas, districts or zones. It is
rounding up the people in a the division of the
locality, arresting the municipality into districts
persons fingered by a and the regulation of
hooded informer, and buildings and structures
executing them outright within the districts so
(although the last part is not created in accordance with
included in the modern their construction, and
refinement). [Alih v. Castro, nature and extent of their
GR L-69401. June 23, 1987]. use. It is a dedication of
districts delimited to
Zonal Improvement particular uses designed to
Program (ZIP). The subserve the general
program of the National welfare. [Pampanga Bus Co.
1252
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

http://www.geocities.com/albinos one year prior to the notice

Abandonment of domicile giving them the education

such assistance without be physical estrangement

Crisostomo (46 Phil. 780)]. 2. A., Compilation of Notes,

that the abortion is caused the purpose of concealing

Abortionist. A person who Ab posse ad actu non vale

Abortion practiced by a Abrasion. A scrapping or

Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students

Absentee voters, national

Absolute pardon. A pardon in business parlance, means

An aggravating there was damage or injury

for decision, or with respect functions directly supportive

Acceptance. Civ. Law. 1. The all parties subsequent to the

other means of account to all which one’s own

commission of the crime, casualty to the insured

Accident. An event that takes Accidental spills. Spills of oil

must be enriched and the Acción reinvindicatoria.

Acción pauliana. Also Acción subrogatoria. Also

Acción quanti minoris or Accommodation maker.

accommodation is known to accommodate another. [Phil.

between the acts done by accounting procedures; or

Accredited dual training state by natural process,

per appraiser's report. [RCPI was not intended as such.

debts incurred therewith, not show that defendant's

Acquisitive prescription. Act. Intl. Law. Sometimes

Act. Pol. Law. 1. An Rule 2, RoC]. 2. It includes

only between the parties.

given against an heir, Active search. A prying into

change it. [Intl. Law Dict. & Act of state doctrine.

custom, public order, or

conjectural or anticipatory. to part with property or to

Actual total loss. Ins. Loss Acute conjunctivitis. Sore

include a person acting as Tolentino, Civil Code of the

Adherence to the enemy. Ad interim. In the meantime

regular or special, of the

to be heard on their shall inflict upon another any

Adjunction. See Administration. The

Administrative agencies. presented; (c) the decision

Administrative Code of Administrative feasibility.

management actions, or its equivalent to generally

court forums lies a hybrid, A., Compilation of Notes,

existence, which may be property, while holding the

Admission by co-partner or Admission by silence. Evid.

Admonish. To advise or object of the proceeding.

resolution. [Duhaime's Ad valorem property tax. A

distinguished from an ex event of the suit that a legal

no limited to signs and or is engaged or concerning

operated for the purpose of the law. [Aguila v. CA, 160

Advertising agency or Aerial domain. The airspace

the person signing takes an case may be. It serves as the

expressly or impliedly, would alternative penalty, which

among the properties with third persons. [Rallos v.

Agente administrador. Sp.

Agent. 1. A person who, by Age of gestation. The length

1992]. Compare with Gen. Assembly, Dec. 14,

Alvin Claridades’ Legal and Jurisprudential Lexicon for Law Students

Agrarian reform manifests its agrement or

Agricultural engineer. A results of which modify or

efficient and economic farm

distribution, storage, tenancy)” enacted on Aug.

with such farming principles of social justice.

assist another person in the hire, the navigation of